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Agenda 12-03-02The City of Boynton Boach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA DECEMBER 3, 2002 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium Agenda R~gular City Commission Meeting Boynton Beach, Florida December 3, 2002 III Ferguson Education Advisory Board Stu 1 yr term to 4/03 IV McKoy Education Advisory Board Stu 1 yr term to ~,/03 Mayor Broening Library Board Alt 1 yr term to ~,/03 Tabled (2) I Weiland Library Board Reg 3 yr term to 4/03 Tabled (2) IV McKoy Nuisance Abatement Board Alt 1 yr term to 4/03 Tabled (2) III Ferguson Planning & Development Board Reg 2 yr term to 4/04 [! HcCray Recreation & Parks Board Alt ! yr term to 4/03 V. ANNOUNCEHENTS & PRESENTA'FZONS= A. Announcements: None B. Presentations: 1. Proclamations: a. John A. Guidry Day - December 13, 2002 2. Presentation by Boynton Beach High School, thanking the City for the contribution of $40,000 towards the construction of the school's track & field facility VZ. PUBLZC HEAR/NG: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMI'rS A. Project: Motorola (LUAR 02-007) Agent: R. Duke Woodson, Foley & Lardner Owner: Maury L. Carter & Associates, [nc. Location: Southeast comer of Gateway Boulevard and Congress Avenue Description: Request to amend the Comprehensive Plan Future Land Use Map to reclassify 49.695 acres of the Motorola DP1 from [ndustrial ([ND) to Local Retail Commercial (LRC); and Request to rezone 49.695 acres of the Motorola DR[ from Planned [ndustrial Development (P[D) to Community Commercial (C-3) (for multi-family and commercial development) B. Project: Gateway Plaza (COU$ 02-005) Agent: H. Burton Smith, P.E. Owner: KWB Charitable Trust Location: Lot 91 - Quantum Park P[D (Northeast comer of High Ridge Road and Gateway Boulevard, Quantum Park Pi:D) 2 Agenda Regular City Commission Meeting Boynton Beach, Florida December 3, 2002 Description: Request for conditional use/site plan approval for gas station, convenience store/fast food restaurant with drive through on a 6.54-acre parcel C. Project: Hawks Landing (REZN 02-006) (POSTPONED TO THE 12/19/02 PLANNING & DEVELOPMENT BOARD MEET/NG) Agent: Bradley Miller, AICP, Miller Land Planning, Inc. Owner: Grayhawk Development Corporation Location: North of 16m Avenue, between 3rd Court and 4m Street Description: Request to rezone from R3 Multifamily (10.8 dwellings per acre) to Planned Unit Development (PUD) (for 18 single family detached zero lot line homes D. ProPOsed Re-financing of 1996 Multi-Family Housing Mortgage Revenue Bonds - Clipper Cove Apartments d/b/a C/HP Cove, Inc. (Proposed Resolution No, R02-207) V~I. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of November 18, 2002 2. Special City Commission Meeting of November 19, 2002 3. Regular City Commission Meeting of November 19, 2002 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 1. Multi-award the TWO-YEAR BID FOR PIPE FITTINGS AND ACCESSORIES, Bid #003-1~,12-03/KR, to various vendors on an "AS NEEDED BASIS" for an estimated annual expenditure of $120,000 2. Award the RE-BID OF THE ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE, Bid #004-2730-03/KR, to various vendors for $628,091.85 for a nine month period 3. Approve stormwater pipe relining at various locations by Azurix North America Underground Infrastructure, Inc. in the amount of $160,070.~,8 based on Board of County Commissioners Orange County, Florida contract #YO-103 (Proposed Resolution No. R02-208) Agenda Regular City Commission MeeUng Boynton Beach, Florida December 3, 2002 4. Award the bid for "PURCHASE OF ONE NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF-CONTK[NED VACUUM UN~'I'," Bid #078-2821- 02/CJD, to VACUUM SOURCE, ]~NC. of Greer, South Carolina in the amount of $24,950 (Tabled at 11/19/02 I~eedn§) C. Resolutions: 1. Proposed ResoluUon No. R02-209 Re: Approving amendment to Barton Memorial Park lease agreement with the State of Florida Department of Transportation (D.O.T.) for the removal of the Barton Memorial Cemetery (parcel 88) from the lease 2. Proposed Resolution No. R02-210 Re: Ratifying the agreement between the City of Boynton Beach and the Police Benevolent Association - Lieutenants Unit from October 1, 2002 through September 30, 2003 3. Proposed Resolution No. R02-211 Re: Approving Change Order #1 to PO #20184 issued to Trio Development Corporation in the amount of $30,410 for additional services required during the lift station rehabilitation of lift stations 601, 604, 606, and 901 based on Bid #094- 2821-01/C3D 4. Proposed Resolution No. R02-212 Re: Executing Task Order #01-12 with Camp, Dresser, and McKee, Inc., Utilities General Engineering Consultant, in the amount of $148,000 for design, bidding, and construction management services to convert our chlorine gas storage facilities to sodium hypochlorite at both the East and West Water Treatment Plants D. Ratification of Planning & Development Board Action: 1. Gateway Plaza (USAP 02-002), Lot 91-Quantum Park PID (Northeast corner of High Ridge Road and Gateway Boulevard - Request for use approval for a gasoline dispensing establishment and convenience store on Lot 91 ! the Quantum Park P[D 2. South Congress Residential (NWSP 02-017), East of Congress, South of Golf Road - Request new site plan approval for a 340-unit multi- family development on a 32.16-acre parcel 3. Staples (NWSP 02-018), Shoppes of Woolbdght PCD (Portion of Tracts "A" and "E") - Request for new site plan approval for a 30,438 square foot retail store on a 4.10 acre out-parcel in the Shoppes of Woolbdght Agenda Regular City Commission Meeting Boynton Beach, Florida December 3, 2002 E. Ratification of CRA Action: None VXZZ. cTrY MANAGER'S REPORT: A. Discussion regarding City Commission representation at the following organizations: Palm Beach County League of Oties, Metropolitan Planning Organization, Coalition of Boynton West Residents Association and Multi- Jurisdictional issues Coordination Forum Bi Discussion of Report on Special Events C. Request for City Commission authorization to join (at no cost to the City) with other cities in the filing of an amicus brief in the Osceola County Utility Tax case ZX. FUTURE AGENDA TrEMS: A. FRA Whistle Ban - Report (.lanuary 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking B. Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit ' or the Environmental Review Committee ('I'BA) X. DEVELOPMENT PLANS: None XZ. NEW BUSZNESS: None LEGAL: A. Ordinances - 2"~ Reading - PUBLIC HEAPING 1. Proposed Ordinance No. 02-057 Re: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) 20 du/acre (Merano Bay) 2. Proposed Ordinance No. 02-058 Re: Modification to Comprehensive Plan Policy 1.19.2 to insert an additional exception to the restriction on industrial land conversions to support the City's supply of housing for current and future populations 5 IV. ADMINISTRATIVE ITEM A. Edward T. Currier 11/25/2002 Please accept my resignation from the Planning and Develope- ment Board of the City of Boynton Beach. Sincerely, pV.-ANNOUNCEMENTS& PRESENTAT1~ONS :Item B.l_.a. WHEREAS, John A. Guidry began his career with the City of Boynton Beach on June 20, 1985 in the position of Assistant Utility Director; and WHEREAS, John Guidry became Acting Utility Director on September 25, 1986 and was promoted to Utility Director on October 22, 1986; and WHEREAS, prior to coming to work for the City of Boynton Beach, and at the beginning of his career, John spent two and one-half years serving his country in the United States Marine Corps. as a Staff Sergeant-Intelligence Specialist; and WHEREAS, prior to coming to work for the City of Boynton Beach, John worked overseas in Haiti for the U.S. Agency for International Development planning and designing roadways and other ~ infrastructure improvements; and WHEREAS, just before being hired by the City of Boynton Beach, John worked for the Southeast District of the Florida Department of Environmental Regulation as a Permitting Engineer for Potable Water, Industrial Waste and Solid Waste; and WHEREAS, during John's municipal career at the City, the Utility system experienced rapid growth and expansion; and WHEREAS, it was because of John's leadership, vision, and dedication to the Utility system, and his expert insight and knowledge in the permitting process that guided the system's growth and development; and WHEREAS, John has decided to retire to his home in North Carolina with his wife Fran. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Flodda, do hereby proclaim December 13, 2002, as JOHN A. GUlDRY DAY 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 3'~ day of December in the Year 2002. GeraLd Broening, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:\CC\WP~CCAGENDA~Prodamations\Guidn/Proclamation- 2002.doc V. ANNOUNCEMENTS & PRESENTATIONS CITY OF BOYNTON BEA( Item B.2. AGENDA ITEM REQUEST F Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in Meeting Dates in to City Cleric's Office Meeting Dates to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 Januar~ 21, 2003 (Noon) [] December 17, 2002 Deceraber 2, 2002 (Noon) [] February la, 2003 February3, 2003 (Noon) [] January7,2003 December l6, 2002 (Noon) [] March4,2003 FebruarylS, 2003(Noon) [] January 2 l, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Admimstrative [] Developmem Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Accept presentation by Dr. Walter Comnell, Principal Boynton Beach High School, thanking the City for the contribution of $40,000 towards the construction of the school's track & field facility. EXPLANATION: Boynton Beach High School did not have enough funding to build a facility to tram their track team and/or host track meets. The school received funding from the School District, Palm Beach County, and a grant from the Ford Motor Company. However, they still needed additional support. PROGRAM IMPACT: The City and the School District have agreed to an mterlocal agreement for the shared use of Boynton Beach High School and the City's recreation and park facilities. The track will provide a facility for the school's athletic activities, and also a tremendous venue for local children participating m the Recreation Department's youth track program. FISCAL IMPACT: N/A ALTERNATIVES: Schedule Dr. Cornnell's~resentation for a different date. - ~ent Head's Signat6re ' ' ' ' ' rCit~'lOm~ger s Signatttre Recreation Depmunent Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC VI.-PUBLIC HEARING CITY OF BOYNTON BEACI ITEM A. AGENDA ITEM REQUEST FOtx ,. Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to Cit~ Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18, 2003 March 3, 2003 (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: Please place this request on the December 3, 2002 City Commission Agenda under Public Hearing. The Planning and Development Board with a 3-3 vote, forwards these two items without a recommendation. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-245. EXPLANATION: Motorola (LUAR 02-007) AGENT: R. Duke Woodson, Foley & Lardner OWNER: Maury L. Carter & Associates, Inc. LOCATION: South East comer of Gateway Boulevard and Congress Avenue DESCRIPTION: Request to amend the Comprehensive Plan Future Land use map to reclassify 49.695 acres of the Motorola DRI from Industrial (IND) to Local Retail Commercial (LRC); and Request to rezone 49.695 acres of the Motorola DRI from Planned Industrial Development (PID) to Community Commercial (C-3). For multi-family, ancillary commercial development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ Dev~l~m~"~t D[~partment Dt[rector C~ty Manager's Signature Planmng and Zoni~ l~irector City Attorney / Finance / Human Resources S:~Planning~HARED\WP~PROJECTSLMotorola DRI~LUARLAgenda Item Request Motorola LUAR 02-007 12-3-02.dot S:~BULLETINLFORMS~.GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNI'NG & ZONZNG DZVTS1~ON MEMORANDUM NO. PZ 02-245 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: November 1, 2002 PRO3ECT DESCRZPI'ZON Project/Applicant: MOTOROLA DRI/Daryl M. Carter Maury L. Carter & Associates, Inc. Agent: R. Duke Woodson of Foley and Lardner Owner: Motorola, Inc. Location: 1500 Gateway Boulevard (Southeast corner of Congress Avenue and Gateway Boulevard). See Attachment "A". File No: Land Use Amendment/Rezoning (LUAR 02-007) Property Description: Undeveloped portion of the _+85.55 acre DRI consisting of _+49.69 acres classified Industrial (I) and zoned Planned Industrial Development (PID). Proposed change/use: To reclassify the subject portion of the property from Industrial (I) to Local Retail Commercial (LP, C), and rezone from PID-Planned Industrial Development to C-3 Community Commercial in order to develop with 500 units of multi-family residential housing and 63,500 sq. ftc. of commercial development. Adjacent Land Uses and Zoning: North: The developed portion of the Motorola DRI that is to retain an Industrial land use designation and PID Planned Industrial District zoning; farther north, right-of-way of Gateway Boulevard then commercial development (Shoppes of Boynton) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Right-of-way of the C-16 (Boynton) Canal, then vacant property designated Moderate Density Residential (MEDR) and zoned R-l-AA Single Family Residential. Page 2 File Number: LUAR 02-007 Motorola East: Right-of-way of the Lake Worth Drainage District E-4 Canal, then developed property (Boynton Beach High School) designated ]~ndustrial (I) and zoned P1[D Planned Industrial Development (Quantum Park). West: Right-of-way of Congress Avenue then commercial development (Catalina Center) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROJECT ANALYSZS The parcels, which are the subject of this land use amendment, total _+49.69 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. An exception to that rule is in the case of a Development of Regional :Impact (DI~) where the law permits amendments to be adopted without being subject to the twice- yearly restrictions. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administral~'on and Enforcement, ]:tem C. Comprehensive P/an Amendments: £ezonings. These cdteda are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Nap. a. Whether the proposed land use amendment/rezoning would be cons/stent w/th applicable comprehensive p/an poi/des/ndud/ng but not//m/ted to, a prohibit/on against any increase/n dwelling unit density exceeding 50 /n the hurrfcane evacuation zone without written approval of the Palm Beach County Emergency Planning D/v/s/on and the City's ffsk manager. The planning department shall a/so recommend/irn/tat/ons or requirements, which would have to be imposed on subsequent development of the property,/n order to comply with po/ides contained /n the comprehensive p/an. The property is not located in the hurricane evacuation zone; therefore, the prohibition against increasing residential densities does not apply. Other applicable policies from the comprehensive plan are cited below. "Policy 1.15.1 The City shall continue to allow mixed commercial/residential uses in the C-3 Community Commercial zoned portion of the Local Retail Commercial land use category and Nixed Use land use category, and Central Business zoning Page 3 File Number: LUAR 02-007 Motorola DR! districts, in accordance with the zoning regulations for these districts, where such projects would not create significant land use conflicts, and public facilities would be adequate to serve the project..."; and, Policy 1.19.2 The City shall provide continued effort to allow for industrial acreage;. however, that land designated "Zndustrial" on the currently adopted Future Land Use HaD may be converted to commercial or residential desiqnations if the conversion (il would '-'~;-~..,,,~,, ca,'~ ~w,,,,,,w..~"~ ~h~,~ generate a range of employment choices for current and future residents, provide goods and services of re onal importance, ............. ................. ~ ............ or would Drovide ouDortunities for the City tO meet its Ionu-ranue housinu uoals: and ¢ii~ is based uDon adequate data includino market analysis. (This language reflects a policy amendment as currently proposed in amendment cycle 1-2002.) The proposed development for the site is consistent with both of the cited policies in that it will provide both commercial and residential development. This development, as well as the redevelopment of that portion of the site remaining with an "Tndustrial" land use designation and PTD zoning, is expected to generate employment opportunities and provide goods and services, as well as add to the range of housing opportunities in the City. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated distn'ct unrelated to adjacent and nearby districts, or would constitute a grant of spec/al privilege to an individual property owner as contrasted w/th the protec~7'on of the public welfare. The proposed land use amendment/rezoning would not create an isolated district, but would relate to the adjacent lands to the west across Congress Avenue that are developed with commercial uses (Catalina Center) and are designated Local Retail Commercial and zoned C-3, Community Commercial. c. Whether changed or changing condi~z'ons make the proposed rezoning desirable. There are several conditions that have changed since the DRZ, consisting of +85.55 acres, was approved in 1979. The project was originally expected to develop at buildout with a total of 825,000 square feet of industrial, research and development, and office uses. Even as planned, this was an extremely inefficient use of land, with a floor area ratio (FAR) of 0.22, compared to the maximum permitted by the development regulations (60% lot coverage x 4 stories= 2.4 FAR). As the environment of the telecommunications industry changed, the demand for the developed space lessened, and the final phase, which consisted of 200,000 square feet of office space, was never developed. Tnstead, Motorola has drasUcally reduced their operations within the city, leaving 70% of the existing facilities vacant. The current industrial market conditions remain poor. Moreover, the specialized nature of the existing buildings decreases their potential adaptability for other industrial uses. Page 4 File Number: LUAR 02-007 Motorola DR! The reduction of the local Motorola labor force over recent years has negatively impacted the local economy. The proposed reuse of the site as a multi-use development with a commercial component will serve as an employment generator, establishing a partial compensation for industrial employment losses. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The traffic analysis submitted on behalf of the applicant states that the Motorola DR! was approved for 625,000 square feet of manufacturing space and 200,000 square feet of office use. This would vest the project for :[3,020 daily trips and :~,634 peak hour trips. According to that same study, the proposed development plan will be limited to only generate a comparable number of daily trips as are vested for the site. There are no projected increases in the daily and peak hour trips above the vested number. (Attachment "B'9 Utilizing Department of Health standards, the applicant states that when Motorola was operating at full capacity, sewage flow was estimated at 62,500 gallons per day (gpd) and the estimated water demand was 75,000 gpd. The City recognizes prior vesting (for planning purposes) in the site of 127,000 gpd each for potable water and sanitary sewer. The developer is responsible for reserving or purchasing all additional water and sewer capacity not previously purchased by the prior owners of the property. With respect to solid waste, in a letter dated December 18, 200:[ the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the project and approved it for school concurrency. 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. e. Whether the proposed rezoning would be compatible w/th the current and future use of adjacent and nearby properS'es, or would affect the property values of adjacent or nearby properS'es. Refer to responses provided under items "b"and "c'~ above. f. Whether the property is physically and economically developable under the ex/sting zoning. A portion of the property is developed with 625,000 square feet of industrial space, including ancillary office and storage, and an additional 200,000 square feet of office use is approved but unbuilt. As explained in (c), the specialized nature of the existing buildings limits their potential adaptability for other industrial uses, including other desirable light industrial uses. The demand in recent years has been focused on warehousing and distribution; however, after a relatively long period of high construction activity, the local industrial markets have been negatively affected by the economic downturn. Given the overall market conditions, it may be Page 5 File Number: LUAR 02-007 Motorola DRI cost prohibitive to wait out the period of time required to locate industrial uses that would be an ideal match for this unique type and size of space. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. Over the past decade, the concept of an industrial park has evolved from its traditional character of a basic, single use industrial area to a flexible district form featuring a mix of components tailored to the needs of local business and industrial groups. The mix may contain industrial, finance, technology and research as well as other uses, including residential and retail. The size of the Motorola DR:[ site makes it an ideal candidate for such redevelopment. :It is expected that the master plan for the project will be developed with this concept in mind. As such, it will contribute to economic development of the City. Additionally, mixed-use developments that include housing, shopping and employment opportunities offer the possibility of internal capture of traffic that single-use developments do not. h. Whether there are adequate sites elsewhere in the city for the proposed use, in district~ where such use is a/ready a/lowed. The site is one of the two Developments of Regional ~[mpact in the City. The other, Quantum Park, has already almost completely developed with a mixture of industrial, commercial and residential uses. The subject site is the only other place in the City where such a mixture of uses can occur in close proximity to the retail core anchored by the Boynton Beach Mall. CONCLUSZONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. :If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "C". A'I-I'ACHM ENT$ .I:\SHRDATA\PIanning\SHARED\WI~PRO.1E~ OR~LUAR\STAFF REPORT LUAR.~oc Location Map EXHIBIT "A" MOTOROLA P.I.D. PUD- -- -- C3 j CO ~- '-':' QUANTUM r. s,'rEI PARK ~ C3 ~~~--- J.LJ J i E-4 CANAL ® 0 0.$ Mil~$ $ EXHIBIT "B;' TROUTMAN CONSULTING, INC. Transportation Planners and Engineers 2324 South Congress Avenue, Suite 1H West Palm Beach, FL 3340 November 1 2002 (561) 434-1644 Fax 434-166a ' www. pindertroutman.con~ Mr. Khurshid Mohyuddin Palm Beach County Planning 100 Australian Avenue West Palm Beach, FL 33406 Re: Motorola DRI NOPC - #PTC02-129 Dear Mr. Mohyuddin: Attached please find a Comprehensive Plan Amendment trip generation analysis for the above referenced project. The existing land use designation on the 85.54 acre site is Industrial. It is proposed to change the land use on a portion of the site. Proposed land use designations are Local Retail Commercial on 45.45 acres and Industrial on the remaining 40.09 acres. City code allows 40% lot coverage and 4 stories for Local Retail Commercial and 60% lot coverage and 4 stories for Industrial. The owner/developer cannot build to this intensity because of an existing DRI on the property. Therefore, the owner/developer will voluntarily restrict the uses and intensities of the site. ]-he maximum development will be limited based on the total external trips approved for the existing DRI. Attachment I presents a comparative trip generation analysis for the existing land use designation, proposed land use designation and the proposed development plan. The maximum 13,020 new external daily trips is the threshold currently approved under the Motorola DRI. Please call this office is you have any comments. KMP/Idr Enclosures cc: Dick Hudson Jeff Douglas Duke Woodson Letter Mo~yuddin 02-129 ! 1-1-02 ~ EXHIBIT "B" ~-= ~ ~ ~.- ~ ~ - . '~ · = ~ - ._ . .. ~ - '~ ~ - ~ ~ ~ ~ o o,o _ ~ ~~ ~ ...... EXHIBIT "C" Conditions of Approval Project name: Motorola File number: LUAR 02-007 ~eference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJ ECTS\Motorola DRI\LUAR\COA.doc VI.-PUBLIC HEARING O CITY OF BOYNTON BEACI ITEM B. AGENDA ITEM REQUEST FO_ 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 Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (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: Please place this request on the December 3, 2002 City Commission Agenda under Public Hearing. The Planning and Development Board with a 4-1 vote, pursuant to a request from the agent recommends that this item be tabled until the December 19, 2002 Planning and Development Board meeting. However, if the prerequisite use approval is denied by the City Commission, this item would ultimately be withdrawn. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-254. EXPLANATION: PROJECT: Gateway Plaza (COUS 02-005) AGENT: H. Burton Smith, P.E. OWNER: KWB Charitable Trust LOCATION: Lot 91 - Quantum Park PID (Northeast comer of High Ridge Road and Gateway Boulevard, Quantum Park PID) DESCRIPTION: Request for conditional use/site plan approval for gas station/convenience store/fast food restaurant with drive through on a 6.54-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ALTERNA~ ~~N/A Dl~orpmetai'Depa-rtme~t Director City Manager's Signature Plannin~ and Zonin~Sr'~tor City Attorney / Finance / Human Resources SSBULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-254 TO: Chairman and Members THROUGH: Michael W. Rumpf Director of Planning & Zoning FROM: Eric Lee Johnson, AICP Planner DATE: November 20, 2002 SUBJECT: Gateway Plaza - COUS 02-005 Conditional Use / Site Plan Approval - Gasoline Dispensing Establishment PROPOSAL SUMMARY Contained herein is a description of the subject project. KWB Charitable Trust is the owner of Lot 91 in Quantum Park. Lot 91 is 6.54 acres in size with an Office - Industrial - Commercial (OIC) DRI Master Plan designation. Pace Development Services (Pace) is the contract purchaser of the subject property. Pace, the developer, is the owner and operator of a number of retail fueling centers (Hess Gas Station). The site plan shows that the project will be built throughout four (4) phases. Phase One will consist of the circulation area (dr/veways) and infrastructure for the gas station, fuel pumps, and accessory carwash. The construction of a 4,028 square-foot Hess gas station, 10 fuel pump islands, and a 905 square-foot accessory car wash will occur during Phase Two. A restaurant is proposed during Phase Three. However, the restaurant is not included in this application and therefore will require separate site plan review and approval (see Exhibit "C" - Conditions of Approval). The proposal for Phase Four is unknown at this time. BACKGROUND & ANALYSIS Owner: KWB Charitable Trust Agent: H. Burton Smith, P.E. Project name: Gateway Plaza General description: Conditional use / new site plan approval for a gas station and accessory car wash facility. Property size: 285,328 square feet (6.54 acres) Land use: Industrial with an Office / Industrial / Commercial DR[ Master Plan designation Current Zoning: Planned Industrial Development (PID) Location: Lot 91, Quantum Park PID (northeast comer of Gateway Boulevard and High Ridge Road) Building area: (See Exhibit "B" - Proposed Site Plan) Gateway Plaza - COUS 02-005 Page 2 Memorandum No. PZ 02-254 Surrounding land uses/zoning: North: Tn-Rail station zoned Planned Industrial Development (PID), with a Governmental & Institutional (G&I) Quantum Park DRI Master Plan designation, and an office building also within the PID designated with a Office / Industrial (OI) Quantum Park DRI Master Plan designation; South: Gateway Boulevard right-of-way, farther south is undeveloped Lot 82, zoned Planned Industrial Development (PD) with a Office - Industrial - Commercial (OIC) Quantum Park DRI Master Plan designation; East: C.S.X. Railroad right-of-way, farther east is Interstate 95 right-of-way; West: Undeveloped Quantum Park Lot 85 (future commercial plaza / townhouses), zoned Planned Industrial Development (PID) with a Mixed Use (MU) Quantum Park DRI Master Plan designation. In 1999, the City Commission approved use approval request on Lot 91 for an Ice Skating Rink (The Frozen Ponds / USAP 99-003). Ice-skating rinks are now included as a permitted use option under the "Commercial" designation of the Quantum Park DRI. The "The Frozen Ponds" site plan has since expired. This request for conditional use / site plan approval for a gasoline dispensing establishment (Hess Gas Station)'is predicated on the assumption that the list of permitted uses in the Quantum Park Planned Industrial Development (PIE)) will be amended to allow a second gas station in the PID. While the list of permitted use options was amended in 1999 to allow for the Mobil Gas Station (Quantum Park Lot 85-B) a condition of approval restricted the Quantum Park PID to only one (1) gasoline dispensing establishment and/or convenience store. The condition reads as follows: "To avoid the excess of such uses within this industrial park, this PID shall be limited to one gas station and convenience store. No other single uses or combination of the two uses shall be permitted". The accompanying request for Use Approval (USAP 02-002) represents a request to modify the condition limiting the PID to one (1) gasoline dispensing establishment and/or convenience store. If the accompanying request for Use Approval (USAP 02-002) is denied by the City Commission, the applicant would not be eligible to request this conditional use for a gasoline dispensing establishment. According to the Use Approval application, the diesel fueling stations proposed in the subject project would provide service for tractor-trailers that make daily deliveries to the Publix Distribution Center (Quantum Park Lot 55). The site plan shows a "future restaurant" in Phase Three. No plans were submitted for the restaurant portion of the project and therefore, it must be excluded from this proposal. The traffic study that was submitted by the applicant does not include the restaurant use. The plans fail to provide phase lines for the development. The improvement schedule on sheet "2 of 6" titled "Development Plan" inadequately addresses the development of each phase. There is no indication or timeline for land clearing or for the installation of asphalt, building foundations, or landscaping for each project phase. The project will require clearing the site (trees) and increasing the land elevation but no specific information was given as to the extent of the clearing and elevation changes that will occur during each phase. Staff has concerns over the furore condition of the vacant portions of the subject property should the applicant choose to clear the lot in anticipation for land development. The aforementioned issues must be adequately addressed to ensure that each phase of the project will comply with the minimum requirements of the Land Development Regulations. In Gateway Plaza - COUS 02-005 Page 3 Memorandum No. PZ 02-254 addition, the project has not received Quantum Park Architectural Review Committee (ARC) approval. This (ARC) approval is required prior to Planning & Development Board and City Commission review and approval. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The site plan shows that one (1) point of ingress / egress location is proposed on High Ridge Road. This point of egress will be a right-turn only because of the median location on High Ridge Road. The second point of ingress / egress is proposed on the Tri-Rail Access Road. This point of access will have a lan&caped median and will allow for both lefi and right turn egress. The opening as currently proposed, however, exceeds the maximum allowable width of 45 feet. Therefore, the width of this driveway would have to be reduced in order to comply with Chapter 2, Section l l.L.3. (see Exhibit "C" - Conditions of ApprovaO. A traffic study was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards of Palm Beach County. The width of the driveway opening proposed at the Tri-Rail Access Road in conjunction with the configuration of diesel fuel area exhibits the same attributes and characteristics of a "truck stop ". Although the City's Land Development Regulations do not actually define "truck stops '; they are not listed as permitted uses in the PID, and therefore, would not be a permitted use at this location. Furthermore, truck stops are listed as prohibited uses in the M-1 zoning district 2. Off-street parking and loading areas where required, with particular attention to the items in subsection 1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The parking required for the gas station shall be based on one (I) space per 250 square feet of gross floor area. Based on the proposed square footage, the required parkingfor the gas station is 17 spaces. The site plan provides a total of 23 parking spaces, of which, two (2) spaces will be designated for handicap use. All 90-degree parking spaces will be dimensioned 10 feet in width by 16feet in length, except for the handicap spaces, which will be 12feet in width by 16feet in length. All spaces will have two (2)feet of vehicle overhang, which is allowed provided that the length of the parking space is 18 feet without Gateway Plaza - COUS 02-005 Page 4 Memorandum No. PZ 02-254 encroaching into the minimum required landscape buffer. No dimensions were provided for the angled parking spaces. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The gas station portion of the project will have one (1) dumpster enclosure. The enclosures will have painted galvanized steel gates and lightly textured stucco walls painted to match the building color(s). The enclosure at the gas station will be angled to allow for a 60-foot turning radius. It will face northwest and be angled in such a way as to facilitate the efficient removal of trash. Additional landscaping would be required around the base of three sides of the enclosures (see Exhibit "C" - Conditions of ApprovaO. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer will be in place prior to the issuance of a certificate of occupancy. The demand for water and sewer capacity will be very limited. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The landscape plan proposes a 15-foot wide landscape buffer along the front property line where the gas station is proposed (High Ridge Road). This front landscape buffer, however, is reduced in width from 15 feet to what appears to be less than 7 feet (no dimensions were provided). The parking spaces for the restaurant parking area have two (2)feet of vehicular overhang. The overhang area may not encroach into the minimum required width of the west lan&cape buffer pursuant to Chapter 7.5, Article II, Section 3.B. of the Land Development Regulations. No dimensions were provided regarding width of the north lan&cape buffer. Again, it appears the overhang of parked vehicles would encroach into the required north landscape buffer (see Exhibit "C" - Conditions of ApprovaO. The south lan&cape buffer will be 15feet in width. At this time, no development is proposed for the eastern portion of the site (Phase Four). Phase Four will require separate site plan review, subject to approval of the Planning & Development Board and City Commission. At that time, staff will review the landscaping, screening, and buffering of Phase Four to ensure compliance with the Land Development Regulations and other applicable codes. According to the landscape plan, there will be three (3) areas for potential transplanted vegetation for Lot 91. Generally speaking, it is very difficult to successfully relocate scrub habitat and transplanted scrub vegetation. Other than these assigned "transplanted" areas, the existing flora will be totally removed and replaced with either new trees and shrubs or impervious surfaces for the improved areas. The proposed type of use with its inherent need for greater visibility will require elevation changes. This elevation change will consequently jeopardize the environmental uniqueness of the site. The applicant has inventoried the existing native trees on the site. The total approximate number of native trees on the site is 807 trees. The following chart represents the Tree Survey for the subject property: QTY TREE NAME SECTION QTY TREE NAME SECTION 60 Sand Pine A-1 8 Sand Pine C-1 25 Chapman Oak A-1 2 Chapman Oak C-1 70 Sand Pine A-2 6 Scrub Oak C-! I Chapman Oak A-2 2 Slash Pine C-1 Gateway Plaza - COUS 02-005 Page 5 Memorandum No. PZ 02-254 l Slash Pine A-2 10 Red Bay C- 1 52 Sand Pine A-3 34 Sand Pine C-2 2 Chapman Oak A-3 2 Sand Pine(specimen) C-2 43 Sand Pine B-1 2 Chapman Oak C-2 2 Chapman Oak B-l 3 Slash Pine C-2 6 Saw Palmetto(trunk) B-1 62 Sand Pine C-3 2 2 Scrub Oak B-1 5 Slash Pine C-3 40 Sand Pine B-2 1 Chapman Oak C-3 4 Chapman Oak B-2 25 Sand Pine D-1 2 Scrub Oak B-2 3 Scrub Oak D-1 1 Slash Pine B-3 2 Chapman Oak D-1 90 Sand Pine B-3 1 Red Bay D-i 1 Chapman Oak B-3 2 Saw Palmetto(trunk) D-1,E3 1 Scrub Oak B-3 65 Sand Pine D-2 6 Scrub Oak D-2 7 Chapman Oak E-1,2,3 4 Chapman Pine D-2 1 Scrub Oak E-1 3 Slash Pine D-2 106 Sand Pine E-1,2,3 6 Red Bay D-2, E-2 35 Sand Pine D-3 1 Chapman Oak D-3 In accordance with the Tree Survey, the applicant will be required to indicate the specific trees that will be preserved in place. The trees to be removed and / or relocated are not identified at this time. A tree wall / well is required in locations where the elevation difference is greater than one foot. The applicant will be required to submit an acceptable cross section of the construction detail (see Exhibit "C"- Conditions of ApprovaO. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The maximum allowable wall signage area is based upon the linear frontage of the proposed gas station building. The ratio is based upon a maximum signage allowed of l ~ square feet of sign area for every one (1) foot of linear building frontage. According to the elevations, wall signs are proposed on the west OCronO and south (side) buildingfaqade of the gas station building. They are also proposed on the west and south sides of the canopy. Based on the submitted plans, the total allowable wall signage area for the gas station cannot exceed 121.5 square feet (see Exhibit "C" - Conditions of ApprovaO. The elevations do not indicate dimensions, however, it appears as though the proposed signage area will not exceed the maximum allowable area. No elevations were provided for the canopy for the diesel pumps ("truck canopy "). The actual "Hess" signs will be back-lit signs with green letters on top ora white background. The plan proposes a freestanding outdoor pole sign to be located at the southwest corner of the site near the intersection of High Ridge Road and Gateway Boulevard. The elevations show that two (2) poles will support the 22-foot high structure. This pole sign must be converted to a "monument style" sign, located at least lO feet from the property line, and be no more than 64 square feet in area. The sign must comply with the Quantum Park Master Sign Program. The entire project, including the signage, will require review and approval for the Quantum Park Architectural Review Committee (see Exhibit "C" - Conditions of ApprovaO. The photometric plans indicate that the footcandle levels will comply with the maximum levels as identified Gateway Plaza - C©US 02-005 Page 6 Memorandum No. PZ 02-254 by the Land Development Regulations. However, according to Chapter 9, Section I O.F. 5, site lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day. Although the applicant chose to use the Scottsdale Flat Lens" type of lights into the design underneath the canopy, staff determined that the proposed lighting levels (34 to 53footcandles) would be excessive and therefore, contrary to the intent of Chapter 9 - Design Criteria. Staff recommends recessing the lights and reducing the maximu~n footcandle level to be consistent with the footcandle levels of recently approved gas stations. 7. Required setbacks and other open spaces. The proposed buildings will meet all required setbacks of the PID zoning districts and Chapter 2, Section 11.J.e. Gas stations are required to be at least 200 feet away from a residential structure. The nearest residential structure will be approximately 240feet from Lot 91. 8. General compatibility with adjacent property and other property in the zoning district. In general, the proposed project is compatible with the existing commercial uses that will be directly across the street as part of the Quantum Park and Village North project (SBMP 02-002). The Quantum Park and Village North project was approved for 94,100 square feet of commercial on the southern portions of Quantum Park Lots 83 through 85. The proposed gasoline station use however, would not be compatible with the 136fee-simple townhouses, which were recently approved on the northern portions of Quantum Park Lots 83 through 85 as well as the entire portions of Quantum Park Lots 86 through 88. In addition, the project would be incompatible with the 39 fee-simple townhouse units approved on neighboring Quantum Park Lot 89-B. Other projects that were recently approved in the immediate area include the Tri-Rail double-track expansion (Quantum Park Lot 90) and 132,032 square feet of commercial / 234 rental apartments on Quantum Park Lots 62 through 67-C and Lot 100. Staff has major concerns regarding possible traffic accidents as a result of the development of the subject site with the proposed use. The site plan shows that a total of two (2) driveways are proposed, one (1) directly to High Ridge Road. Staff anticipates that the types of vehicles associated with this use (tractor trailers), which will utilize these points of access, coupled with the proposed driveways (traffic flow) from this project as well as driveways from the other projects could pose hazardous driving conditions in the future. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The proposed buildings would comply with the maximum height allowed (45 feeO in the Planned Industrial District (PID) as set forth in the Land Development Regulations. The gas station building is proposed to be 16feet -four (4) inches in height. The top of the decorative tower will be 29feet - eight (8) inches in height. The top of the canopy is proposed at 26 feet - six (6) inches in height, with the bottom of the canopy at 18feet in height, which may be excessive to accommodate a vehicular height that is restricted by the Department of Transportation height limitations. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The construction of the Hess gas station would represent just one of the new developments in rapidly growing Quantum Park. The gas station will increase the City's tax base. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). Gateway Plaza - COUS 02-005 Page 7 Memorandum No. PZ 02-254 With incorporation of staff comments and conditions, the proposed project will comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4 of the zoning regulations; also, conformance to the City of Boynton Beach Noise Control Ordinance. With the exception of the Use Approval, the incorporation of all conditions and staff recommendations contained herein, the proposed gasoline dispensing establishment and accessory carwash would operate in a manner that would be in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. In particular, the applicant will have to apply for and obtain all necessary approvals and licenses from all applicable governing bodies. RECOMMENDATION Staff recommends that this request be denied based upon the inadequate information provided on the site plan as discussed in the Background & Analysis section and the staff recommendation for the denial of the Use Approval (USAP 02-002). However, if approval is granted by the Planning & Development Board and the City Commission, staff recommends that the project satisfy all the conditions of approval contained in Exhibit "C". Also, if approved, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit would be required for project development. Staff recommends a period of one (1) year be allowed to obtain a building permit (excluding permits for land clearing). MR/eli S:~Planning, Sharcd\WpxProjccm\Quamum-Gatcway Plaza\COUS 02-00~,Staffrcport.do¢ Location Map EXHIBIT"A" GATEWAY PLAZA EXHIBIT "B': / ' '.~,,~.:.-~i;-~.'~ .1-:, ~,.,,,~..,l~ , ~ .~, _..~ - j -~-- ~ ~ .~-~ . J ""~ I ~', ,~ ~ -. i.', '" EXHIBIT "B" I OEVELOPMENT PLAN ~ Smitfi, FOR CONSU LTINC, EN(;INEER~ I1~ } -~ ~ZS'~IIIPP¢)¢)N~,¥II I IILIIL KENNETH BROWN, TRUSTEE weswr,~,~ue,~c'.,~'l, s~. QUANT~ PARK LOT 91 C,~ OF BOYNTON BEACH. FL. PALM BEACH EXHIBIT "B' WATER & SEWER PLAN J ! ~ !1 GATEWAY PLAZA " ; i I ~ tl. B.rtou Srnith. I). I:'. ~o~ ~!i'l ~L:,j! ;~.: i!~' , ,,,si , , ,~.,, I."~,.,%1. ,~:tl, KENNETH I=IROW,. TRUSTEE .~!,.',it;?'~[O:l;. -- ......... ' .................. QUANTUM PARK LOT 91 EXHIBIT "B" EXHIBIT "B' -,j; ........ ;: ,,- _ , __ -- ..... T: ~ t ~--~ ~-~ ~ ___ i :1, ~J I, , ~ ~-.. -~ ,, ~ _. ~ - ~,~- ii~ EXHIBIT "B"- EXHIBIT "B" ~ - ~ ;~ 1 ~ !i i~ ~,: .... "~', ~' ~ Exhibit "C" Conditions of A roval Project name: Gateway Plaza File number: COUS 02-005 Reference: 2nd review plans identified as Conditional Use with an November 5, 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. The dumpster will be supplied by Public Works. 2. Indicate by note on the plans that landscaping shall be provided along the X screen wall(s) (LDR, Chapter 7.5, Article II, Section 5.J, Section 5.J and Article III, Section 9.A.9.a, and Chapter 9, Section 10.C.3). PUBLIC WORKS - Traffic Comments: 3. A Permit to Construct within the Public Right-of-Way, issued by the X Engineering Division of Public Works, will be required for work on Gateway Boulevard. Permits may also be required from Palm Beach County and the Quantum Park POA for work on High Ridge Road and Gateway Boulevard. 4. Place appropriate signage along High Ridge Road directing truck traffic to the X Th-rail access road for fueling and prohibiting access into the ingress/egress easement at both ends. 5. Show a crosswalk through the High Ridge Road driveway to delineate the X pedestrian path. Indicate the use of thermoplastic for permanent markings. 6. Post "No Parking" signs around the truck fueling area to prohibit parking by X any vehicles. Investigate alternative locations for truck parking since none are provided on the site. UTILITIES Comments: 7. All utility easements shall be shown on the rectified site plan and landscaping X drawings (as well as the Water and Sewer Plan Sheet) so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to COA 11/22/02 2 DEPARTMENTS INCLUDE REJECT remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 8. 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)). Please be advised that, unless each building is to have a sprinkler system installed, the site will require a minimum of two (2) fire hydrants to service those facilities shown on the site plan. 9. 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. 10. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in the CODE, Section 26-33(a). 11. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, b7 showing all h~,drants. FIRE Comments: 12. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 13. Emergency access shall be provided at the start of a project and be maintained X throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Olaerations, Section 54.3. POLICE Comments: None X ENGINEERING DIVISION Comments: 14. Show zoning and land use on Site Characteristics Map (Survey) (LDR, X COA 11/22/02 3 DEPARTMENTS INCLUDE REJECT Chapter 4, Section 7.A.). 15. Show all existing utilities, including underground, and existing and proposed X easements on the Site Development plan (LDR, Chapter 4, Section 7.A.3). 16. Show proposed site lighting on the Site and Landscape plans (LDR, Chapter 4, X Section 7.B.4.) 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 and Florida Building Code). Include pole wind loading, and pole 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 on the Lighting Plan. Glare which is readily perceptible at any point at or beyond the property on which the use ,is located is prohibited (LDR, Chapter 2, Section 4.N.7). Lighting shall be directed away from any residential uses (LDR, Chapter 2, Section 4.N.7). 17. According to Chapter 9, Section 10.F.5, site lighting shall not be used as a X form of advertising in a manner that draws more attention to the building or grounds at night than in the day. The applicant shall provide the City with light level reading under the canopies of other gas station for comparison purposes. In any event the applicant shall provide a lighting design which, for the canopies meets the criteria set forth in Chapter 2, Section 11 .L3.g (3) of the Land Development Regulations, which for the remainder of the site provides an average of three (3) to five (5) foot-candles (maximum of 10 foot-candles). Anything in excess of 60 foot-candles is prohibited. 18. The provided Photometric plan has a given scale of 1" = 30', however unable X to scale the drawing using dimensions from the site plan. Please provide the correct scale both in graphic and written form. 19. The backup distances shown for the parking lot around the proposed restaurant X and on the south side of the convenience store do not meet the minimum distances required by City Standard B-90013. Revise plans accordingly. Parking stalls at 60 degrees require 19.8 feet backup distance. 20. Show proposed positions for existing features to be relocated to. X 21. Provide an engineer's certification on the Drainage Plan as specified in LDR, X Chapter 4, Section 7.F.2. 22. Maximum runoff distance over impervious surfaces, before diversion to X percolation areas, is 50 feet (LDR, Chapter 6, Article IV, Section 5.B.2.a). Areas within the proposed parking lot exceed that distance. 23. Indicate by note that catch basin and manhole covers shall be bicycle proof X (LDR, Chapter 6, Article IV, Section 5.A.2.f). 24. Provide a typical cross-section showing the grade change between the X COA 11/22/02 4 DEPARTMENTS INCLUDE REJECT developed property and Parcel W. 25. Show an accessible path from the public sidewalk to the restaurant. X 26. The ingress/egress easement shall be constructed in accordance with City X Standard B-91005 shown on the Site Development Plan Sheet 5 of 6. 27. 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. 28. An excavation/fill permit from the Engineering Division will be required X subject to the requirements of the LDR, Chapter 8. 29. If the property is subdivided into two or more parcels, the applicant shall X submit a plat to the Engineering Division conforming to the requirements of the LDR, Chapter 5. X 30. Any portions of the site that are cleared but not developed within 30 days shall be seeded and mulched as required by the LDR, Chapter 8, Article IV, Section E. 31. Clearly indicate the proposed timetable for construction of the project's X phases. BUILDING DIVISION Comments: 32. Add a labeled symbol to the site plan drawing that identifies the location of the X handicap accessible parking spaces. The quantity of the spaces shall be consistent with the regulations specified in the Florida Accessibility Code for Building Construction. The accessible parking spaces that serve a use shall be located on the shortest safely accessible route of travel from adjacent parking to an accessible entrance. The Florida Accessibility Code for Building Construction states that buildings with multiple accessible entrances shall have accessible parking spaces dispersed and located closest to the accessible entrance. Florida Accessibility Code for Building Construction, Section 4.1.2(5), 4.3, 4.6. 33. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 34. At time of permit review, submit for review an addressing plan for the project. X 35. At time of permit review, provide a copy of a City-approved waiver of plat X COA 11/22/02 5 DEPARTMENTS INCLUDE REJECT showing approval for subdividing the property. The waiver shall describe each lot, parcel or tract of land. At time of permit review, submit separate surveys of each lot, parcel or tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 36. On the tree survey, indicate by note, the specific trees that will be preserved in X place. A tree wall / well is required in locations where the elevation difference is greater than one foot. A cross section of the construction detail is required. 37. The applicant should indicate on page LS-1, the specific tree plugs and X quantities that will be relocated into transplant areas "A", "B", and "C". The tree plugs should include under story shrubs, and groundcover plants. 38. The tree preservation/relocation notes must become part of a required Tree X Management Plan. There are approximately 807 existing native trees on the site that must be addressed in the Tree Manasement Plan. 39. The applicant must notify all of the required environmental agencies in X accordance with the criteria listed in the Development of Regional Impact document. 40. Submit a cross section of the construction detail. X 41. Submit an irrigation plan prior to the issuance of a building permit. Indicate X by note, the source of water. PLANNING & ZONING Comments: 42. This project requires conditional use approval. Provide justification for X approval of the project based on the standards for evaluating conditional uses found in Chapter 2, Section 11.2.D. of the City of Boynton Beach Land Development Regulations. 43. Omit the Phase Three site data from this submittal. Label the future restaurant X parcel as "not included" on all plan drawings prior to submittal for a building permit. COA 11/22/02 6 DEPARTMENTS iNCLUDE REJECT 44. On sheet "SP-I", clearly show the phase lines. Revaluate the phasing of the X project. At this time, staff understands that the subject property is to remain as one (1) parcel. Subdividing the lot in the future would require the replatting process. 45. This project will be required to obtain an Environmental Review Permit prior X to the issuance of an occupational license. 46. Parking stalls for 90 degree parking spaces are required to be at least nine (9) X feet in width by 18 feet in length. No parked vehicles can overhang in required landscape buffers. Revise parking accordingly. 47. Driveway openings shall be limited to 45 feet in width. Revise the "truck X area" driveway opening (proposed on the Tri-Rail Access Road) so that it complies with this requirement (Chapter 2, Section l l.L.3.d). Staff recommends extending the landscape median to the property line. 48. Since the parcel is comprised of only one (1) lot, only one (1) freestanding X monument sign is permitted for the entire site. 49. Submit a sign program for all signage. On the elevations, indicate the total X area of all wall signage. Based on the submitted plans, the total wall signage area for the gas station cannot exceed 121.5 square feet. This includes the sign area proposed on the canopy. 50. The proposed outdoor freestanding pole sign, as submitted, is incompatible X with the Quantum Park Sign Program. The freestanding outdoor pole sign must be converted to a "monument style" sign, located at least 10 feet from the property line, be no more than 64 square feet in area, and be compatible with the Quantum Park Sign Program. 51. Staff recommends placing the site address atop of the monument sign. X 52. The entire project (including the signage) must obtain Quantum Park X Architectural Review Committee (ARC) approval prior to the Planning & Development Board meeting. 53. The exterior lighting levels under the canopy shall not exceed photometric X levels of 60-foot candles (Chapter 2, Section l l.L.3g). As shown on the elevations, the canopy light bulbs (Scottsdale) shall be recessed and not be visible from the sides. Staff recommends reducing the exterior canopy lighting to no more than 20 footcandles. 54. The plant list on the landscape plan indicates that 7 "PE3" are provided but X when counted, only 8 "PE3" are provided. This discrepancy between the two must be corrected. COA 11/22/02 7 DEPARTMENTS INCLUDE REJECT 55. The plant list on the landscape plan indicates that 209 "SR" are provided but X when counted, only 241 "SR" are provided. This discrepancy between the two must be corrected. 56. The plant list on the landscape plan indicates that 2 "PR3" are provided but X when counted, only 3 "PR3" are provided. This discrepancy between the two must be corrected. 57. The plant list on the landscape plan indicates that 151 "VA" are provided but X when counted, only 189 "VA" are provided. This discrepancy between the two must be corrected. 58. On the landscape plan, the symbol for the Ligustrum tree must match the X symbol on the plant list (LLt). 59. The Crape Myrtle (LI) must be 12 feet in height when installed. X 60. Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time X limit is to be set within which the proposed project is to be developed. If this project is approved, staff recommends that a period of one (1) year be allowed to initiate this project. 61. Staff recommends that the exterior finish and color(s) of the "truck" canopy X should match the exterior finish and color(s) of the other proposed canopy. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 62. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 63. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Quantum-Gateway Plaza\COOS 02-005\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Plaza (COUS 02-005) APPLICANT'S AGENT: Pace Development Service, L.L.C. APPLICANT'S ADDRESS: 9159 Indian River Run Boynton Beach, FL 33437 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Conditional Use / Site Plan Approval for a gasoline dispensing establishment and accessory car wash LOCATION OF PROPERTY: Lot 91, Quantum Park PID 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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". 4. 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP~PROJECTS\Quantum'Gateway Plaza\COUS 02-005\DO.doc VL-PUBLIC HEARING ITEM D.- I~_B~TSl~.D CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOR v Requested City Commission Date Final Form Must be Turned Requested Cit>, Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February, 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6. 2003 (Noon.) [] March t8,. 2003 March 3, 2003 (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: 1. Conduct Public Hearing on Proposed Ref'mancing of the 1996 Multi-Family Housing Mortgage Revenue Bonds (Clipper Cove Apartments d/b/a C/HP Cove, Inc.) for up to $15,000,000. 2. Approve Resolution authorizing sale of bonds. EXPLANATION: In connection with the proposed issuance of refunding bonds regarding the Clipper Cove project, at the December 3rd City Commission meeting the City Commission will be requested to take two actions: first, holding a public hearing, referred to as a "TEFRA" hearing, required by the Internal Revenue Code in connection with the issuance of tax-exempt bonds of this type; and second, consider adopting a resolution authorizing the issuance of the bonds and approving various documents in connection therewith. Assuming the City Commission takes the required action, it is anticipated that the bond closing would occur on December 20, 2002. PROGRAM IMPACT: In July, 1996, the City issued its $11,940,000 Multi-Family Housing Mortgage Revenue Bonds, Series 1996 (Clipper Cove Apartments) for the purpose of providing a loan to C/HP Cove, Inc. to finance the acquisition, construction and equipping of a 384-unit multi-family residential rental property located at 1500 Southern Cross Lane (the "Facility"). The Facility is owned by C/HP Cove, Inc. The City is now being requested to issue up to $15,000,000 of new bonds to refinance the 1996 Bonds and to finance certain capital expenditures with respect to the Facility. FISCAL IMPACT: The Bonds will be payable solely from revenues derived from C/HP Cove, Inc., and neither the taxing power nor the faith and credit of the City nor any City funds are pledged to pay the Bonds. All closing and legal costs for the Bonds are to be borne by C/HP Cove, Inc. The 1996 agreement for tax replacement revenue to the City will continue as will the agreement to allocate 28% of the profit from the venture to the City's Redevelopment Fund. However, per John Corbitt of Housing Partnership, Inc. (the operators of Clipper Cove) the equity position of the project will be less meaning that the current annual revenue of $140,000 is estimated to be reduced to about $90,000. As an offset, C/HP Cove, Inc. will allocate .5 basis points or $75,000 from the closing as an offset to this reduction. As a practical matter, the 28% allocation of profit would go down on any refinancing that reduces the equity position of the property. It is analogous to a homeowner taking cash out of a refinancing of a home to make improvements. The developer is allocating $250,000 for capital improvements and placing this in escrow. ALTERNATIVES: Do not authorize the re-issue of the bonds. Clipper Cove could re-finance the bond issue through Palm Beach County, Housing Finance Authority, other public entity or the private sector. The current tax replacement agreement and profit allocation agreement would possibly be re-negotiated or ended. S:\BULLETIN\FORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. 02- ARESOLUTION OF THE CITY COMMISSION OF THE CITYOF BOYNTON BEACH, FLORIDA AUTHORIZING THE ISSUANCE OF ITS NOT TO EXCEED $15,000,000 MULTI-FAMILY HOUSING MORTGAGE REVENUE REFUNDING BONDS, SERiES 2002 (CLIPPER COVE APARTMENTS) FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND THE CITY'S MULTI-FAMILY HOUSING MORTGAGE REVENUE BONDS, SERIES 1996 (CLIPPER COVE APARTMENTS); APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT, TRUST INDENTURE, ESCROW DEPOSIT AGREEMENT, BOND PURCHASE AGREEMENT, FIRST AMENDMENT TO RESTRICTIVE COVENANTS AND FIRST AMENDMENT TO DEFINITIVE AGREEMENT; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE PREPARATION, EXECUTION AND DELIVERY OF A FINAL OFFICIAL STATEMENT; AWARDING THE SALE OF THE BONDS BY A NEGOTIATED SALE; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCEOFTHE BONDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach, Florida (the "Issuer") is a municipality and political subdivision oft he State of Florida and is empowered by the provisions of the Florida Constitution and Chapter 166, Florida Statutes (the "Act"), to issue obligations for the purpose of financing multi-family housing project, including refinancing obligations issued by the Issuer for such purpose; and WHEREAS, in July, 1996, the Issuer issued its $11,940,000 Multi-Family Housing Mortgage Revenue Bonds, Series 1996 (Clipper Cove Apartments) (the "1996 Bonds") for the prmcipalpurpose of making a loan to C/HP Cove, Inc. ("C/HP Cove") to refinance the costs of a multi-family housing facility within the City of Boynton Beach, Florida; and WHEREAS, C/HP Cove has requested the Issuer issue a new series o frevenue bonds and loan the proceeds thereof to C/HP Cove for the principal purpose of providing funds to refund the 1996 Bonds; and WHEREAS, the Issuer has determined to issue its Multi-Family Housing Mortgage Revenue Refunding Bonds, Series 2002 (Clipper Cove Apartments) in the principal amount of not exceeding $15,000,000 (the "Bonds") as further provided herein; and WHEREAS, on December 3, 2002 the Issuer conducted a public hearing as required by Section 147(f) of the IntemalRevenue Code of 1986, as amended, with respect to the issuance of the Bonds; and WHEREAS, the Issuer and C/HP Cove have received a proposed form of Bond Purchase Agreement (the "Underwriting Agreement") from RBC Dain Rauscher, Inc. and Bear Steams & Co. Inc. (the "Underwriters") to purchase the Bonds on the basis of the terms and provisions therein; and WHEREAS, it is necessary and desirable to approve the form of and to authorize the execution of an Indenture of Trust, a Loan Agreement, an Escrow Deposit Agreement, the Underwriting Agreement, a First Amendment to Restrictive Covenants and a First Amendment to Definite Agreement in connection with the issuance of the Bonds; and WHEREAS, it is necessary and desirable to approve the form of a Preliminary Official Statement and to authorize the preparation, execution and delivery of a final Official Statement for the Bonds; WHEREAS, it is necessary and desirable to provide a method to specify the interest rate(s), maturity date(s), redemption provisions and other details for the Bonds; and WHEREAS, the issuance of the Bonds and the purchase thereof by the Underwriters will, in the judgment of the Issuer, serve the intended public purpose and in all respects conform to the provisions and requirements of the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNION BEACH, FLORIDA THAI: Section 1. ~. Unless the context otherwise requires, terms used herein in capitalized form and not otherwise defined herein shall have the meanings specified therefor in the Indenture of Trust attached hereto as Exhibit "A" (the "Indenture"). Section 2. Authority_ for this Resolution. This resolution, herein called the "Resolution," is adopted pursuant to the Act. Section 3. F_ill.qlil!~. It is hereby ascertained, determined and declared that the issuance of the Bonds in order to provide funds to refund the 1996 Bonds is appropriate to the needs and circumstances of, and will make a contribution to the economic growth of the Issuer, will provide and preserve gainful employment, and will serve a public purpose, consistent with Article VII, Section 10(c) of the Florida Constitution, by advancing the economic prosperity and the general welfare of the Issuer, the State, and the people thereof, and in particular, the issuance of the Bonds is in the common interest of the people of the City of Boynton Beach, Florida. Section 4. Authorization of Bonds. The Issuer approves the Bonds for purposes of Section 147(f) of the Code. Subject and pursuant to the provisions hereof and of the Indenture, for the purpose of -2- refunding the 1996 Bonds, the issuance of revenue bonds ofthe Issuer under the authority of the Act in the principal amount of not to exceed $15,000,000 is hereby approved. The City Manager is hereby authorized to award the sale of the Bonds in an aggregate principal amount sufficient, together with other available funds of C/HP Cove, to refund the 1996 Bonds and to pay the costs associated with issuance of the Bonds, as requested by C/HP Cove, provided that the aggregate principal amount of the Bonds shall not exceed $15,000,000, the interest rate on the Bonds shall not exceed the maximum rate per annum permitted by law and the purchase price shall not be less than ninety-eight percent (98%) of the principal amount of the Bonds (reduced by any original issue discount and increased by any premium reflected in the imtial offering price to the public), plus accrued interest to the date of issuance of the Bonds, all as approved by C/HP Cove and set forth in the Underwriting Agreement. Subject to the foregoing, the Bonds shall be dated, shall bear interest at such rates, mature on such dates, be subject to redemption on such dates and in such amounts and at such price and have such other details, terms and conditions, and shall be executed on behalf of the Issuer, all as set forth in the Indenture. Section 5. AuthorizationofExecutionand Delivery. of the Indenture. The Indenture, in substantially the form thereof attached hereto as Exhibit "A," with such changes, alterations and corrections as may be approved by the City Manager, such approval to be presumed by the execution thereof by the City Manager, is hereby approved by the Issuer, and the Issuer hereby authorizes and directs the City Manager to execute the Indenture and the Clerk to attest thereto under the official seal of the Issuer, and to deliver the Indenture to the Trustee, all of the provisions of which, when executed and delivered by the Issuer as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. Section 6. AuthorizatiQrl of Execution and Delivery_ of the Loan A~eement. The Loan Agreement, in substantially the form thereof attached hereto as Exhibit "B," with such changes, alterations and corrections thereto as may be approved by the City Manager, such approval to be presumed by the execution thereofby the City Manager, is hereby approved by the Issuer, and the Issuer hereby authorizes and directs the City Manager to execute the Loan Agreement and the Clerk to attest thereto under the officialsealof the Issuer, and to deliver the Loan Agreement to C/HP Cove, all of the provisions of which, when executed and delivered by the Issuer as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. Section 7. Sale of Bonds: Execution and Delivery_ of the Underwriting Agreement. /he Underwriting Agreement, in substantially the form thereof attached hereto as Exhibit "C," with such changes, alterations and corrections thereto as may be approved by the City Manager, such approval to be presumed by the execution thereof by the City Manager, is hereby approved by the Issuer, and, upon execution thereof by C/HP Cove and Underwriters, the Issuer authorizes and directs the City Manager to execute the Underwriting Agreement and the Clerk to attest thereto under the officialsealofthe Issuer, and to deliver the Underwriting Agreement to the Underwriters, all of the provisions of which, when executed and delivered by the Issuer as authorized herein shall be deemed to be a part of this Resolutionas fully and to the same extent as if incorporated verbatim herein. The Issuer hereby determines that a negotiated sale -3- of the Bonds is in the best interest ofthe Issuer, C/HP Cove and the citizens and inhabitants of the Issuer by reason of the limited market for bonds such as the Bonds (due, among other reasons, to the fact that the Bonds are limited obligations of the Issuer payable only from the sources provided therefor in the Indenture) and because revenue bonds such as the Bonds are typically sold by negotiated sale. Prior to the issuance of the Bonds the Underwriter shall file with the Issuer the disclosure required by Section 218.385, Florida Statutes, and competitive bidding for the Bonds is hereby waived. Section 8. AuthorizationofExecution and Delivery_ of the Escrow Deposit Agreement. The Escrow Deposit Agreement, in substantially the form thereof attached hereto as Exhibit "D," with such changes, alterations and corrections thereto as may be approved by the City Manager, such approval to be presumed by the execution thereof by the City Manager, is hereby approved by the Issuer, and the Issuer authorizes and directs the City Manager to execute the Escrow Deposit Agreement and the Clerk to attest thereto under the official seal of the Issuer, and to deliver the Escrow Deposit Agreement to C/HP Cove, all of the provisions of which, when executed and delivered by the Issuer as authorized herein shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. Section 9. Authorization of Execution and Delivery. of the First Amendment to Restrictive Covenants. The First Amendment to Restrictive Covenants, in substantially the form thereof attached hereto as Exhibit "E," with such changes, alterations and corrections thereto as may be approved by the City Manager, such approval to be presumed by the execution thereof by the City Manager, is hereby approved by the Issuer, and the Issuer hereby authorizes and directs the City Manager to execute the First Amendment to Restrictive Covenants and the Clerk to attest thereto under the official seal of the Issuer, and to deliver the First Amendment to Restrictive Covenants to C/HP Cove, all of the provisions of which, when executed and delivered by the Issuer as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. Section 10. Authorization of Execution and Delivery_ of the First Amendment to Definitive ~. The First Amendment to Definitive Agreement, in substantially the form thereof attached hereto as Exhibit "F," with such changes, alterations and corrections thereto as may be approved by the City Manager, such approval to be presumed by the execution thereof by the City Manager, is hereby approved by the Issuer, and the Issuer hereby authorizes and directs the City Manager to execute the First Amendment to Definitive Agreement and the Clerk to attest thereto under the officialsealof the Issuer, and to deliver the First Amendment to Definitive Agreement to C/HP Cove, all of the provisions ofwhich, when executed and delivered by the Issuer as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. Section 11. ApprovalofPreliminaty OfficialStatement and authorization of final OfficialStatement. The Issuer hereby approves the form of draft Preliminary Official Statement for the Bonds attached hereto as Exhibit "G", together with such changes, alterations and corrections therein as maybe approved by the Bond Counsel, and authorizes its use by the Underwriter in connection with the marketing of the Bonds. The Issuer hereby approves preparation ora finalOfficial Statement with respect to the Bonds, which shall be in the form of the final Preliminary Official Statement, which such changes, alterations and corrections -4- therein as shall be necessary to reflect the terms of the Bonds and such other matters as may be approved by the City Manager, suchapprovalto be conclusively evidenced by the executionofthe OfficialStatement by the City Manager, and the Issuer authorizes and directs the City Manager to execute the Official Statement as so approved in the name of the Issuer. Section 12. No Personal Liability. No covenant, stipulation, obligation or agreement herein contained or contained in the Loan Agreement, the Escrow Deposit Agreement, the Indenture, the Underwriting Agreement, the First Amendment to Restrictive Covenants, the First Amendment to Definitive Agreement, the Official Statement, the Bonds, or any instrument contemplated thereby shall be deemed to be a covenant, stipulation, obligation or agreement of any officer, member, agent or employee of the Issuer in his or her individual capacity, and neither the City Manager nor any member of the City Commission of the Issuer executing the Bonds or other documents herein mentioned shall be liable personally thereon or be subject to any personal accountability by reason of the issuance or execution thereof. Section 13. NO Third Party. Beneficiaries. Except as herein or in the documents herein mentioned otherwise expressly provided, nothing in this Resolution or in such documents, express or implied, is intended or shall be construed to confer upon any Person other than the Issuer, C/HP Cove, the Bondholders, the Underwriters, the Insurer and the Trustee any right, remedy or claim, legalor equitable, under and by reason of this Resolution or any provision hereofor of such documents; this Resolution and such documents being intended to be and being for the sole and exclusive benefit of such parties. Section 14. Prerequisites Performed. All acts, conditions and lttings relating to the passage of this Resolution and required by the Constitution or laws of the State of Florida to happen, exist and be performed precedent to and in the passage hereof have happened, exist and have been performed as so required. Section 15. ~. The Clerk, the City Manager and the members of the City Commission of the Issuer are hereby authorized to do all acts and things required of them by this Resolution, the Loan Agreement, the Underwriting Agreement, the Escrow Deposit Agreement, the Bonds, the Official Statement, the First Amendment to Restrictive Covenants, the First Amendment to Definitive Agreement or the Indenture, or desirable or consistent with the requirements hereof or thereof, for the full punctual and complete performance of all terms, covenants and agreements contained in the Bonds, the Loan Agreement, the Escrow Deposit Agreement, the Underwriting Agreement, the Indenture, the Official Statement, the First Amendment to Restrictive Covenants, the First Amendment to Definitive Agreement and this Resolution. Section 16. General Authorizations. The Mayor, and any other member of the City Commission of the Issuer, the City Manager, the Clerk, the City Attorney, and any other appropriate employee of the Issuer, are hereby each authorized to execute, publish, file and record such other documents, instruments, notices, and records and to take such other actions as shall be necessary or desirable to accomplish the purposes of this Resolution, and to comply with and perform the obligations of the Issuer under the Indenture, the Bonds, the Official Statement, the Escrow Deposit Agreement, the Loan Agreement, the -5- First Amendment to Restrictive Covenants, the First Amendment to Definitive Agreement and the Underwriting Agreement. Section 17. Resolution Constitutes a Contract. The Issuer covenants and agrees that this Resolution shall constitute a contract between the Issuer and the Bondholders from time to time of the Bonds and that all covenants and agreements set forth herein and in the Loan Agreement, Escrow Deposit Agreement and the Indenture to be performed by the Issuer shall be for the equal and ratable benefit and security of all Owners of the Bonds. Section 18. $¢verabili .ty. If any one or more of the covenants, agreements, or provisions contained herein or in the Bonds shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements, or provisions hereof and thereof and shall in no way affect the validity of any of the other provisions of this Resolution or of the Bonds. Section 19. Repealer. All resolutions or parts thereof of the Issuer in conflict with the provisions herein contained are, to the extent of any such conflict, hereby superseded and repealed. Section 20. ~[:l[t~..!~i~. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this, the 3rd day of December, 2002. (SEAL) City of Boynton Beach, Florida ATTEST: Mayor City Clerk Vice-Mayor Commissioner Commissioner Commissioner Approved as to form and legal sufficiency By: City Attorney -6- EXHIBIT "A" INDENTURE OF TRUST EXHIBIT "B" LOAN AGREEMENT EXHIBIT "C" UNDERWRITING AGREEMENT EXHIBIT "D" ESCROW DEPOSIT AGREEMENT G:\O2345\33\bond reso( I ).wpd EXHIBIT "E" FIRST AMENDMENT TO RESTRICTIVE COVENANTS G:xO2345\33\bond re~o( 1 ).wpd EXHIBIT 'F' FIRST AMENDMENT TO DEFINITIVE AGREEMENT G:\02345\33\bond reso( I )wpd EXHIBIT "G" PRELIMINARY OFFICIAL STATEMENT G:\O2345~33\bond re~o( I ).wpd VII.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM B.1 AGENDA ITEM REQUEST FOl vl 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 Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon?: [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noo/~' [] January 21,2003 January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (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: Motion for the multi-award of the TWO-YEAR BID FOR PIPE FITTINGS AND ACCESSORIES, Bid #003-1412-03/KR, to various vendors on an "AS NEEDED BASIS" for an estimated annual expenditure of $120,000.00. CONTRACT PERIOD: DECEMBER 3, 2002 TO DECEMBER 2, 2004 EXPLANATION: On October 22, 2002, five (5) proposals were received and computer tabulated by Procurement Services. The following factors were used to determine the award: a) price, b) brand name, and c) vendor's minimum shipping requirement. The lowest, most responsive, responsible bidder meeting specifications was awarded whenever possible. Dominic DeMauro, Warehouse Manager, concurs with this recommendation (see attached Memo). PROGRAM IMPACT: The purpose of this bid is to establish firm prices for a two-year period for the purchase of Pipe Fittings and Accessories. These items will be ordered on an "AS NEEDED BASIS" and stored in the City Warehouse for the user department for the repair, replacement, and new construction of utility systems. Vendors are required to have a warehouse facility in Dude, Broward, and/or Palm Beach County. The provisions of this bid award will allow for two (2) additional one (1) year extensions 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: WAREHOUSE INVENTORY ESTIMATED ANNUAL EXPENDITURE ~--~'.,.~'~'~502-000-141-000'00/<-~ ~{; $12~ Deputy Director of F~nandial Service/ £ City Manager's Signature / Procurement Services 0(_~ ~aa~,. Department Name City Attorney / Finance / Human Resources cc: Dominic DeMauro, Warehouse Manager S:\BULLETIN~FORMS~S. GENDA ITEM REQUEST FORM.DOC The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Bill Atkins Deputy Finance Director FROM: Dominic DeMauro, Warehouse Manager DATE: November 4, 2002 SUBJECT: Pipe Fittings and Accessories I have reviewed the tabulation sheet sent from your office. I used the following factors in determining this award: A) Price, B) Brand Name, and C) Vendor's minimum shipping requirement. My recommendation is the bid be multi-awarded to the lowest, most responsive and responsible bidder. If you have any question please call me at 6324. POLY TUBING A&B PIPE 1,2,3,4 INSERTS FOR PE TUBING HUGHES SUPPLY 5,6,7,8 RESILENT SEAT TAPPING VALVES W/ACC MJ HUGHES SUPPLY 9,10,11,12,13,14 RESILENT SEAT GATE VALVES WITH NON RISING STEM FERGUSON 15,16,17,18 C153MJ FITTING WITH OUT ACCESSORIES FERGUSON 19,20,21,22,23,24,25,26,27,28,29,30,31,32,33,34,35,36,37,38,39,40,41,42 FERNCO ADAPTOR HUGHES SUPPLY 43,44,45,46,47,48,49,50,51,52,53,54,55,56,57,58,59,60,61,62,64 SADDLES FERGUSON 68,69,71,72,80,81,84,85,88,91,94,95,96,97, HUGHES SUPPLY 66,67,70,73,74,75,76,77,78,79,82,83,86,87,89,90,92,93,98,99,100 Pipefitting Page Two FIRE HYDRANTS FERGUSON 101,102,103,104,105 12" EXTENSIONS FERGUSON 106,107,108,109 FORD BELL REPAIR CLAMP FERGUSON 110,111,112,113,114 U.S FILTER 115,116,117 DUCTILE IRON PIPE SLIP JOINT FERGUSON 118,119,120,121,122,123,124,125,126 MJ-D/IC153-FITTINGS LONG PATTERN FERGUSON 127,128,129,130,131,132,133,134,135 PLAN END REDUCERS FERGUSON 136,137,138 CAST IRON VALVE BOX FERGUSON 139 U.S. FILTER 140 HUGHES 141,142 APC MARKER FERGUS ON 143,144 U.S.FILTER 145,146 MJ GLAND KIT FERGUSON 147,148,149,150,151,152,153,154 UNIFANGE A&B PIPE 155,156,157,158,159,160 FORD READY CLAMP FERGUSON 161,164,167,168,170,171,172 U.S FILTER 162,163,165,166,169 (HUGHES LOW BID, BUT DID NOT BID FORD PRODUCT) FORD FULL CIRCLE CLAMP FERGUSON 173,174,175,176,177,178,179,180,181,182,183,184,185,186,187,188,189 190,191,192,193,194,195,196,197,198,199,200,201,202,203,204,205,206,207,208,209 210,211,212,213,214,215,216,217,218,219,220,221,222,223,224,225,226,227,228,229 NO AWARD 230,231,232,233,234 (NO ONE BID FORD PRODUCT) HYMAX COUPLINGS FERGUSON 235,236,237,238,239, Pipefitting Page Three HYMAX FLANGE CLAMP FERGUSON 240 P.V.C C 900 PIPE SEWER AND ACCESSORIES FERGUSON 243,244,245,246,247,248,249,250,253,254,255,256,257 U.S. FILTER 241,242,251,252 PVC C-900 CLASS 150BLUE DR18 PER FOOT FERGUSON 258,259,260,261,262 PVC C-900 CLASS FITTINGS FERGUSON 263,265,267,268,269,270,272,273,274,275,277,280,281,282 A&B PIPE 264,266 U.S FILTER 276,278,279 YOKES FERGUSON 283,284 PIPE LUBE A&B PIPE 285 C153 FLANGE TEES A&B PIPE 286 C153 FLANGE/MJWYES FERGUSON 287,288 NO BID 289 C153 FLANGE 90 DEGREE ELBOW FERGUS ON 290,291,292,293,294 C153 FLANGE XMJ 90 DEGREE ELBOWS FERGUSON 295,296,297,298 HUGHES SUPPLY 299 C 153 FLANGE 45 DEGREE ELBOWS FERGUSON 300,301,302,303,304 C153 FLANGE 22.5 DEGREE ELBOW FERGUSON 305,306,307,308,309 C153 FLANGE M/J REDUCER HUGES SUPPLY 310,311,312,313,314 M/L D/I-C153FITTINGS SHORT PATTER FERGUSON 315,316,317,318,319 Pipe Fittings Page Four C153 ADAPTERS HUGHES SUPPLY 320 45 DEGREE MJ DI-C153 COMPACT FERGUS ON 321,323,325,327,329 HUGHES SUPPLY 322,324,326,328,330 90 DEGREE M J-Df C-153 FITTINGS FERGUSON 331,332,333,334,335 TEES M/J D/I C-153 FITTINGS HUGHES 337,340,342,345,347,349 FERGUSON 336,338,339,341,343,344,346,348,350,351,352,353 C153 FLANGE SLEEVES NO BID 354,355,356,357,358 KENNEDY CHECK VALVES FERGUSON 359,360,361,362,363 RETAINER GLAND HUGHES SUPPLY 364 MULTI SIZE TEST BALLS HUGHES 366,367,368 FLOATS FERGUSON 369,370 TRANSITION COUPLINGS HUGHES SUPPLY 371,373,376 FERGUSON 372,373,374,375 MEGA LUGS FERGUSON 377,378,379,380,381,382 200 C-900 EBAA MEGA LUGS FERGUSON 383,384,385,386,387 METALLIC BRANDSTAINLESS STEEL FOR ELEC CORDS NO BID 388,389 STAINLESS STEEL GASKET A&B PIPE 390,391,392,393,394 In addition to their over all low pricing, the following discounts were offered for items not listed on this bid. They would be ordered as a special order. FERGUSION 40-60% HUGHES COST+ 10% 0 0 m ~ ~ _ z z ~ m~ zTM ~ m ~ ~ ~mm ~0 ~0 q> m~ ~M m~ o ~ 0 ~ ~ .. m < 0~ m 0 ~ ~z~ E ~ ~ o~ z = ~ m ~z~ ~ m ~z < o~ ~ ~ ~z m~ ~ ~-.s'~ m am ~° - o~> ~o~ c · z~~ ~ z ~ ~ 0 ~m m ~ _ ~ m z~o ~0 ~ ~ Z ~ ~ ~ ~ ~ A & B PIP[ A~D -- ~ S~PLY, INC. CORCEL CO~. FERGUSON HUGHES SUPPLY INC. DISTRIBUTION z A & B PIPE AND CORCEL CO~. WATERWORKS HUGHES SUPPLY, INC. U.S. FILTER z A & B PIPE AND S~PLY. INC. FERGUSON WATERWORKS HUGHES SUPPLY, ~NC. U.S. FILTER DISTRIBUTION ~ & B PIPE S~PLY, ~C. CORCEL CO~. FERGUSON W*ZERWORKS HUGHES lNG. U.S. FILTER DISTRIBUTION S~PLY, INC. CORCEL CO~. FERGUSON HUGHES SUPPLY INC. US. FILTER DISTRIBUTION C7 ~ B PIPE AND SUPPLY, ~C. ~ORCEL CO~. HUGHES SUPPLY INC. U.S. FILTER )ISTRIBUTION U.S. FILTER DISTRIBUTION A ~ B P~E S~PLY, ~C. CORCEL CO~. FERGUSO" HUGHES lNG U.S. FILTER DISTRIBUTION - A & B PIPE AND S~LV, ~C. CORCEL CO~. FERGUSON WATERWORKS HUGHES SUPPLY INC. U.S. FILTER DISTRIBUTION A & B P~EAND CORCEL CO~. FERGUSON WATERWORKS HUGHES SUPPLY INC. U.S. FILTER DISTRIBUTION Ill C~ o ;o S~PLY, ~C. CORCEL CO~. FERGUSON HUGHES SUPPLY INC. U.S. FILTER DISTRIBUTION A&B P~EANB S~PLY. ~C. CORCEL CO~. FERGUSON WATERWORKS HUGHES SUPPLY INC. U.S. FILTER DISTRIBUTION A & B PIPE AND S~VLY, ~C. :ORCEL CO~. FERGUSON WATERWORKS HUGHES SUPPLY INC. U.S. FILTER DISTRIBUTION U.S. FILTER DISTRIBUTION m o A & B PInE AND S~PLY, ~C. CORCEL CO~. FERGUSON - ~ WATERWORKS HUGHES SUPPLY, ~NC. US. FILTER DISTRIBUTION Z 0 A & B PIPE AND HUGHES SUPPLY ~NC. U.S. FILTER DISTRIBUTION ~ ~ o z z :z z ~ x x x zzzz z O O O O 0 A&BPIPEAND m m m m m S~PLY,~C. z z z z z o o o o o CORCELCO~, Z Z Z Z Z o o 0 o 0 m m ~ m ~ :ERGUSON O O O O ~ WATERWORKS o o o o o ~ m m ~ m HUGHES SUPPLY INC. U.S, FILTER DISTRIBUTION 0 o ~ m m m ~ ~ g m z $ z m ~ ~ CORCELCORP. WATERWORKS ,~ ~' ~. HUGHES SUPPLY, ~ ~ U,S. FILTER ~ST~,~UT~O~ ,- o ',-~ o z ~ + ~ o m ~ ~ ~ - ° °~ ~~ ~ z z ~ ~ S~PLY, ~C. ~~ zz ~ o o coRc~ co~. ~ ~ m m FERGUSON O ~ r ~ ~ ~ ~ WATERWORKS ~ Z m ~ o o ~ o o HUGHES SUPPLY ~ 1NC, U.S. FILTER DISTRIBUTION NAME OF BID: TWO YEAR BID FOR PIPE FITTINGS AND ACCESSORIES BID DATE: DUE OCT.22, 2002 ~ 5:00 P.M.; OPENING OCT.23,2002 ~ 9:00 A.M. BID #: 0o03-1412-03/KR STATEMENT OF "NO BIDS" LISTING BOYNTON PUMP AND IRRIGATION We do not offer this product or an 7700 HIGH RIDGE ROAD equivalent. BOYNTON BEACH, FL 33426 GE SUPPLY Unable to meet specifications 1000 N.W. 33~ STREET POMPANO BEACH, FL 33064. INDUSTRIAL HOSE & HYDRAULICS We do not offer this product or an equivalent. (We don't handle plumbing 321 N. CONGRESS AVENUE supplies and cannot be competitive) DELRAY BEACH, FL 33445 LEHMAN PIPE & PLUMBING SUPPLY Other - Cannot hold prices firm for two 230 N.W. 29TM STREET years. MIAMI, FL 33127 PRIORITY METALS, INC. Specifications too "tight", i.e., geared toward brand or manufacturer only; We 10372 N.W. 80TM AVENUE do not offer this product or an equivalent. SUNRISE, FL 33351 PROFESSIONAL PIPING SERVICES, INC. Other - Do not have a warehouse facility in Dade-Broward or Palm Beach County. P.O. BOX 7337 ZEPHRYI-IILLS, FL 33543 RYAN HERCO Unable to meet specifications. 1310 CENTRAL FLORIDA PARKWAY Remarks: We do not offer a warehouse ORLANDO, FL 32837 facility in Dade, Broward or P.B.C. VII.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEACH 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 Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the RE-BID OF THE ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE, Bid #004-2730-03fKR, to various vendors. The estimated expenditure for the initial nine month contract period is $ 628,091.85, with an estimated annual expenditure of $ 837,455.80. CONTRACT PERIOD: JANUARY 1, 2002 TO SEPTEMBER 30, 2003 EXPLANATION: On September 10, 2002, nine (9) proposals for the Annual Contract for Landscape Maintenance were opened and tabulated by Procurement Services. Public Works Department determined it would be in the City's best interest to re-bid Landscape Maintenance in an effort to obtain more favorable bid prices. On October 24, 2002, ten (10) proposals for the Re-Bid of the Annual Contract for Landscape Maintenance were opened and tabulated by Procurement Services. The maintenance of medians on Gateway Boulevard and High Ridge Road, located within the bounds of Quantum Park, is of particular concern in this award recommendation. A copy of the City's agreement with Quantum Community Development District (QCDD) is attached indicating a cost to the City of $90,000/yr. for maintenance of these medians including street light maintenance and water. Based on our bid results and allowing for street light maintenance and water, it is estimated the same services could be provided for $42,000-$45,000/yr. The QCDD is of the opinion that the difference in funds paid by the City are meant to offset the fact that the High School does not contribute to the QCDD as do all other property owners in Quantum Park. It is not acceptable to QCDD for the City to cancel their maintenance agreement. Public Works Staff would prefer to maintain the medians in Quantum Park through direct control over a maintenance contractor; however, the cancellation of the City's agreement with QCDD is not a desired outcome in the long run. For this reason, the maintenance of the medians on Gateway Boulevard and High Ridge Road will not be awarded in this bid recommendation. (See attached Memo #02-166) We recommend a multi-award by area to the lowest, most responsive, responsible bidders who meet all specifications. Jeffrey Livergood, Public Works Director and Chris Roberts, Assistant Public Works Director concur with this recommendation. S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC PROGRAM IMPACT: The purpose of this bid is to provide the best quality landscape maintenance service available at the most economical price for different areas within the City. 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: Account No. 001-2730-572-46-95. A Bid Breakdown Spreadsheet is attached to detail the individual contractors' awarded amounts. Awarded contractors are: CONTRACTOR AWARDED AMOUNT AWARDED AMOUNT (Based on twelve months) (Based on nine months) B.G. Katz Property Maintenance $ 13,485.00 $ 10,113.75 Stephen Cornwell d/b/a Fairlawn $ 18,000.00 $ 13,500.00 First Genesis Lawn Service, Inc. $ 35,460.00 $ 26,595.00 Latona View Lawn Crew $ 23,718.00 $ 17,788.50 Luis Cintron's Lawn Service $ 5,064.00 $ 3,798.00 Stiles Landscape Company $160,614.00 $120,460.50 Vila & Son Landscaping $ 581,114.80 $ 435,836.10 TOTALS: $ 837,455.80 $ 628,091.85 Our bid recommendation will cause the line item budget in Account No. 001-2730-572-46-95 to be exceeded by $68,775.00. Public Works Department will work to ensure that the total budget for Forestry and Grounds is not exceeded despite the overage in this one line item. To assist in meeting the dollar figures in the Public Works budget, the contract is being awarded for a nine month period to align with our fiscal year. Thus, the final cost this fiscal year will be $628,091.85 for services from January 1, 2003 to September 30, 2003. The remainder of the budgeted dollars this fiscal year will be used to pay for services for existing contracts extended from October 1, 2002 to December 31, 2002. Budget Budgeted Proposed Funding Breakdown Funding Expenses Difference Row/Parcel Maintenance $ 721,760 $ 837,455 -$115,695 New Neighborhood/Utilities Locs. $ 40,000 $ 0 $ 40,000 Environmentally SensitiveAreas $ 20,000 $ 10,000 $ 10,000 Quantum Park $ 88,000 $ 91,000 -$ 3,000 Totals: $ 869,760 $ 938,455 -$ 68,775 - ~-'w City Manager's Signature Deputy Director of Financial Services Procurement Services Department Name City Attomey~~ Human Resources cc: JeffLivergood, Public Works Director Chris Roberts, Assistant Public Works Director Glenda Hall, Maintenance Supervisor Norm Turner, Crew Supervisor S:~BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC · RECEIVED NOV ]5 2002 PUBLIC WORKS DEPARTMENT ' ,-,c~,~ VICES Memorandum No. 02-166 - To: Bill Atkins, Deputy Director of Finance Jeffrey Livergood, P.E., Director of Public Work~_ .- Via: Christine Roberts, Assistant Public Works Directo~__~ From: Glenda Hall, Parks Manager~44~ Norm Turner, Crew Supervisjt][~) Date: November 15, 2002 Subject: BID RECOMMENDATION Re-Bid of Annual Contract For Landscape Maintenance BID #004-2730-03/KR The Public Works staff draws particular attention to the maintenance of medians on Gateway and High Ridge located within the bounds of Quantum Park. As the City Commission is aware, the City currently is bound by an agreement (attached) with the Quantum Community Development District (QCDD) whereby the QCDD maintains the referenced medians and charges the City for this work. The City presently pays the QCDD $90,000 per year for these services. In order to assess the validity of these costs, staff included this work in its bid documents. We received a bid in the amount of $22,000. Staff notes that this price does not include street light maintenance nor the cost of water which is provided by the QCDD as part of its agreement with the City, the cost of which are estimated at around $20,000 per year for an estimated total of $42,000-$45,000 to maintain these area compared to the present cost of $90,000. Staff recently met with the property manager for the QCDD. The QCDD staff advised the City staff very clearly that the costs to the City included in the agreement are not solely attributed to the cost of landscape maintenance on the referenced rights of way. Rather, the funds paid by the City to the QCDD are meant, in the opinion of the QCDD, to offset the fact that the High School does not contribute to the QCDD as do all other property owners in the QCDD. In the opinion of the QCDD staff, simply allowing the City to cancel its agreement with the QCDD allowing the City to resume maintenance responsibility of medians on High Ridge and Gateway is not acceptable. QCDD staff advised the City that the majority of the dollars paid by the City are in fact a direct offset to the QCDD budget for the lack of High School contribution to the QCDD. Staff notes that we have maintained a continuous dialogue with the QCDD in order to improve the appearance of these medians. However, the QCDD is of the opinion that there are insufficient funds available in their landscape maintenance budget to maintain the medians at a level acceptable to City staff. City staff does receive comments from the public about the appearance of the landscaping on these roadways. Bill Atkins November 15, 2002 Page 2 Staff would prefer for the City to maintain the medians on Gateway and High Ridge. We believe that our direct control over a maintenance contractor will ensure a vastly improved maintenance level and an improved appearance. However, cancellation of our agreement with the QCDD is not a desired outcome in the long-mn. Staff is not including the maintenance of the medians on Gateway and High Ridge in this bid recommendation. As such, our bid recommendation will cause the line item budget in account number 001-2730-572-46-95 to be exceeded by $68,775. We will work to ensure that the total budget in the Forestry and Grounds budget is not exceeded despite the overage in this one line item. Budget Budgeted Proposed Funding Breakdown Funding Expenses Difference Row/ParcelMaintenance $721,760 $837,455 -$115,695 New Neighborhood/Utilities Locs. $40,000 $0 $40,000 Environmentally Sensitive Areas $20,000 $10,000 $10,000 Quantum Park $88,000 $91,000 -$3,000 Totals $869,760. $938,455 -$68,775 Maintenance Category Bid Breakdown Price $547,142.92 Medians Utilities $163,561.52 Lots & Right-of-Ways $71,068.02 Community Gardens $ 33,437.52 Facilities Grounds $22,245.82 Totals $837,455.80 We recommend awarding the bid for a total of $837,455.80 to the following contractors being the lowest, most responsive bidders for the various areas. But, to assist in meeting the dollar figures in our budget and to keep this contract aligned with our fiscal year, it will be awarded for a nine-month period with funding in Acct. #001-2730-572-46.95. Bill Atkins November 15, 2002 Page 3 Contractor Amount Awarded B.G. Katz Property Maintenance $13,485.00 Stephen Comwell, Inc. $18,000.00 First Genesis Lawn Service, Inc. $35,460.00 Latona View Lawn Crew, Inc. $23,718.00 Luis Cintron's Lawn Service, Inc. $5,064.00 Stiles Landscape Company $160,614.00 Vila & Sons Landscaping $581,114.80 Totals $837,455.80 Please contact us should you need any additional information or have any questions. NT/pl Attachments: Tab Sheet Bid Breakdown Spreadsheet Quantum Park Agreement MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT (the "Agreement") dated this day of January, 2001 (the "Effective Date") by and between CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, with offices located at 100 E. Boynton Beach Boulevard, .Boynton Beach, Florida 33435, (hereinafter referred to as the "Cit3,'), and QUANTUM COMMUNITY DEVELOPMENT DISTRICT, a Florida Independent Special District, with offices located at 2500 Quantum Lakes Drive, Suite 101, Boynton Beach, Florida 33426, (hereinafter referred to as "District"), provides as follows: WHEREAS, the District was created by the City of Boynton Beach, Florida, pursuant to the Uniform Community Development District Act of 1980 (the "Act"), Chapter 190, Florida Statutes, as amended, as a community development district for the purposes of managing the acquisition, construction, maintenance and operation of a Planned Industrial Development also known as Quantum Corporate Park; and WHEREAS, the District is providing services and benefits of infrastructure without charge to, and for the benefit of, the Boynton Beach High School in Quantum Park, and such services and provisions are a benefit to the Boynton Beach Community; and WHEREAS, Gateway Boulevard and High Ridge Road North of Gateway Boulevard (hereafter all referred to as "Gateway") are public roads located within the District and are a benefit to all the residents of the City; and WHEREAS, the District has been providing the maintenance of Gateway; and WHEREAS, the City has agreed to take over responsibility for maintaining Gateway subject and pursuant to the terms and conditions as provided for herein; and WHEREAS, the City desires to have the District perform the required maintenance services and to pay the District for such services as agreed to herein, and the District is willing to provide such services pursuant to the terms and conditions as provided for herein; and WHEREAS, the District has been providing these services since September 1, 1999, and the parties also wish to provide for payment to the District for those services prior to the date hereof. NOW, TI-IEREFORE, in consideration of the mutual covenants, understandings and agreements contained herein, the City and District agree as follows: SECTION I RECITALS. The above recitals are deemed true and correct and are incorporated into this Agreement and made a part hereof. SECTION II DESCRIFFION OF GATEWAY, The description of Gateway which is the subject of this Agreement is described in EXHIBIT "A" attached hereto. SECTION III DISTRICT'S MAINTENANCE RESPONSIBILITIES, The District's maintenance responsibilities are as follows: (A) The District shall provide those maintenance services to be provided for Gateway, including landscape, irrigation, drainage, and lighting ("Improvements") as described in EXHIBIT "B" attached hereto (herein referred to as "Maintenance Services"). (B) The Maintenance Services shall be provided by the District in a competent and professional manner using qualified and experienced employees or contractors, with such frequency.as is necessary and reasonable under the circumstances in order to ensure that the Improvements are properly maintained and function in accordance with their intended purpose. In addition, since the Improvements will require different types of maintenance, the maintenance intervals and the time periods within which maintenance tasks must be performed by the District shall be flexible and adjusted periodically depending on the condition of each Improvement and its maintenance needs. DISTRICT'S AND CITY'S ItF~PONSIBILITIES (A) Thc City shall provide all such cooperation and assistance as may be reasonably required for District to perform such Maintenance Services. (B) Thc District shall provide a source of irrigation water adequate to meet the needs of the landscaping within Gateway Boulevard. (C) The City shall pay thc District for the services described herein compensation equal to 28.5 % of thc District's budget each year payable on a quarterly basis in arrears within thirty (30) days of the last day of each quarter of the fiscal year. (D) Within five (5) days of the date hereof City shall pay District $87,361.55 representing the compensation to the District for maintenance services which were performed from September 1, 1999 through September 30, 2000. SECTION IV COMPLIANCE WITH (~QVERNMENTAL REGULATIONS. The Maintenance Services to be provided by the District shall be carried out in compliance with all applicable governmental entities' laws, permits, requirements, rules, acts, orders and/or regulations. -Page 2- SECTION V RFMEDIle. S UPON DISTRICT DEFAULT. The following remedies shall apply if the District should default in carrying out the terms and conditions of this Agreement. (A) In the event the District should fail to comply with the terms of this Agreement, such failure shall be deemed a material breach of the Agreement, in which event, City shall provide District with 30 days advance notice, specifying the breach. (B) If the District, following receipt of written notification of default from City should fail, refuse or neglect to furnish any one or more of the required Services within thirty (30) days from said notice, then in that event, City, at its sole discretion and without further notice, may elect to terminate this Agreement. (C) If the District fails to cure the breach, City may elect to take such legal or administrative action against the District as City deems necessary in order to enforce the District's obligation; provided, however, prior to City's initiation of any such action, City must provide thirty (30) day prior written notice to the District of the alleged default. The District, following the receipt of said notice, shall then have thirty (30) days from receipt of said notice to take appropriate and substantive remedial action to alleviate the alleged default. SECTION VI RFMEDIES uPON CITY DEFAULT If the City fails to comply with this Agreement, then the District may declare this Agreement in default unless such default is cured within 30 days after written notice thereof to City. Upon default, the District may terminate this Agreement anti/or take such further actions as provided by law. SECTION VII INDEMNIFICATION. To the extent permitted by law, and without altering the District's immunity under Section 768.28, Florida Statutes, the District does hereby indemnify and hold City harmless of and from any and all loss or liability that City may sustain as may result from or arise out of the District's wrongful acts. or omissions or failure to carry out its obligations under this Agreement, with said indemnification and hold harmless to include, but not be limited to: (a) direct costs and damages; and (b) any and all injuries and/or damages sustained by persons or damage to property, including such reasonable attorney fees and costs (including appellate or mediation) that may be incurred by City that relate thereto. Provided, however, it is understood and agreed that this Section VII does not indemnify City for loss, injury, damages or costs which are the result of the City's wrongful acts or omissions. -Page 3- INSURANCE. During the performance of the Services under this Agreement, the District sh; the insurance policies written by an insurance company authorized to do business set out in EXHIBIT "C' attached. SECTION VHI TERM OF THIS AGREEMENT. The term of this Agreement shall commence as of the date hereof and shall remain in effect for a period of twenty (20) years (the "Initial Term") and shall renew automatically for twenty (20) year Additional Terms thereafter, unless terminated by either party in writing six (6) months prior to the expiration of the Initial Term or an Additional Term. In addition, the City may terminate this Agreement at the end of any fiscal year, upon six (6) months prior written notice. Upon the termination or expiration of this Agreement, the City shall thereafter be responsible for performing and paying for the Maintenance Services as described herein. SECTION IX MISCELLANEOUS PROVISIONS. (A) Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex, facsimile or E-Mail communication) and shall be (as elected by the person giving such notice) hand delivered by prepaid express overnight courier or messenger service, telecommunicated, or mailed (airmail, if international) by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: AS TO DISTRICT: QUANTUM COMMUNITY DEVELOPMENT DISTRICT 2500 Quantum Lakes Drive #100 Boynton Beach, FL 33426 ATT: Chairman Telephone:(561) 740-2447 Facsimile: (561) 740-2429 AS TO THE CITY: CITY OF BOYNTON BEACH~ FLORIDA 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 ATT: City Manager Telephone:(561) Facsimile:(561) -Page 4- If either party changes its mailing address or designated recipient for notices, such change shall be communicated in writing to the other party within thirty (30) days of the change. (B) Entire A~reement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. (C) Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. (D) ~ This Agreement may not be assigned without the prior written consent of all parties to this Agreement, provided such consent may not be unreasonably withheld. (E) ~ If any part of this Agreement is contrary to, prohibited by or deemed inValid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. (F) Governln~, Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, construed and enforced, in accordance with the laws of the State of Florida without regard to any contrary conflicts of laws principle. Venue of all proceedings in connection herewith shall be exclusively in Palm Beach County, Florida, and each party hereby waives whatever their respective rights may have been in the selection of venue. (G) Time of the Essence. Time is of the essence with respect to this Agreement. (H) ~ The headings contained in this Agreement are for the convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. (I) Ri?ht of Remedies. The failure of any party to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of the rights of remedies that the party may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions.. (j) ~ The parties acknowledge that each has shared equally in the drafting and construction of this Agreement and, accordingly, no Court construing this agreement shall construe it more strictly against one party than the other, and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. -Page 5- (K) ~ It is understood by all parties that this Agreement may be signed in counterparts, each counterpart serving as an original and facsimile copies of this Agreement and any signatures thereon shall be considered for all purposes as originals. (L) Effective Date._____~. This Agreement shall be effective as of the date that it is signed by all parties hereto. (M) Attorneys Fees. In the event a disl~ute should arise out of this Agreement, the parties agree that the prevailing party in any such dispute shall be entitled to recover reasonable attorney's fees and costs, including any such fees and costs incurred at any trials or appellate levels. Signed, sealed and delivered in the presence of the following witnesses as to the CITY: CITY OF BOYNTON BEACH, FLORmA a Florida municipal corporation profit corooration ~Z4~c~~c~..~.J BY: ~Title: / ~'~,~,~ · ff (signature) ~ (print name) (~gnature) .~' _... /vi H te.~/ .~,qx/Z--- ~p.~x.~f__~ ^~,ov~o ^sro ~OaM: · ,._ -- CIV^T-~O R NEy Signed, sealed and delivered in the presence of the following witnesses as to the DISTRICT: QUANTUM COMMUNITY DEVELOPMENT DISTRICT, a Florida Independent Special District /~lgnature) ~ ' - '(prat name) - ' - -Page 6- STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I hereby certify that the foregoing inst ~rt~ment was ac_l~, offl.~e~g~ed before me this ~ 2 day of ~ ~,,, ,,~ ,200~, by ffr~, ,~/~ ~,~'~'~ as ~ of The City of Boston Beac~ ~0~i~a~a mu~cip~ co~rationon beh~f of the municip~ity,.H~/She is perSOnally ~ ~_~r h~ produced ~ identification ~d di~-(~no~-~6 ~ oath. No~ ~bfic ~t: .~?~ Barbara M. ~d~n ~~Commi~i~ · CC 7~67 ~ ~ ~ E~ Ju~ 19. 2~2 My commi~ion e~: ~- ~N~D THRU ..... · rC~C SOND~N~ CO.. STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) I hereby certify that the foregoing in.~xument was acknowledged before me this (o day of ~, 200j, .by~ I~.~i II '_~.~.~ President of Quantum Community Development~strict, a Flomda Independent Specm~ District, on behalf of the District. He/She is personally known to me .. ,-..~ ~c~-'-'c~-d ............. ,-nd ni~ (did-~) take an oath. ./' X, ubUc _ My co. minion expires: :: ............... IL-.;,,.,,,:~,,. ~,,,., ~,,,,~.,, ~ 0,,.,..,.,,, ,II f:\wpdocs\ltd\agreement\qcdd.mnt -Page 7- EXHIBIT "A" DESCRIPTION OF "GATEWAY" I. GATEWAY BOULEVARD Gateway Boulevard, f/k/a/N.W. 22"d Avenue, as shown adjacent to and laid out on the Plats of Quantum Park at Boynton Beach, Florida, as follows: Plat Book Pa~zes Quantum Park at Boynton Beach P.I.D. Plat No. 1 57 182 and 183 Quantum Park at Boynton Beach P.I.D. Plat No. 2 57 184 and 135 Quantum Park at Boynton Beach P.I.D. Plat No. 3 60 29, 30 & 31 Quantum Park at Boynton Beach P.I.D. Plat No. 4 57 186, 187& 188 Quantum Park at Boynton Beach P.I.D. Plat No. 6 57 191,192& 193 Quantum Park at Boynton Beach P.I.D. Plat No. 8 57 196 and 197 Quantum Park at Boynton Beach P.I.D. Plat No. 9 60 32 and 33 All of the above noted plats are recorded in the Public Records of Palm Beach County, Florida. H. HIGH RIDGE ROAD (North of GATEWAY BOULF. VARD) All of Tract "C", as shown on the plat of Ouantum Park at Boynton Beach, P.I.D. Plat No. 8, as recorded in Plat Book 57, Pages 196 and 197, of the Public Records of Palm Beach~ounty, Florida. EXHIBIT "B" MAINTENANCE SERVICES The Maintenance Services to be provided for the improvements shall, as applicable, be as follows: 1. The provision of all utilities, including but not limited to electricity, water (either potable or reuse, as may be appropriate and authorized), sewer, telephone, trash collection, trash disposal, and gas to the extent required to be used, expended or available for the proper operation and maintenance of an improvement. 2. The provision of fertilizer, mulch, edging, hedging, mowing, trimming, thinning, weeding and pesticide treatment services as may be necessary and appropriate for landscape 'improvements, including but not limited to trees, shrubs and ground cover, together with their replacement with comparable and suitable landscaping if diseased, dying or dead. 3. The provision of maintenance, repair and/or replacement services for landscape irrigation system components, including but not limited to sprinkler heads, wiring and controllers, piping, valves and reuse water signage, all of which shall be done in accordance with specifications to be provided to District for approval at the time of the City's initiation of Maintenance Services for ~me. 4. The provision of cleaning and painting services for Entry Features, monuments and related special signs, including traffic signs where applicable. 5. The provision of maintenance, repair and/or replacement services to accent lighting rrxtures, including bulbs. 6. The provision of ail personnel and equipment necessary in order to provide the above described Maintenance Services. 7. Wetland maintenance and monitoring, if applicable. 8. See attached supplemental requirements and specifications, if any. -Page 9- GENERAL REQUIREMENTS AND SPECIFICATIONS LANDSCAPE MAINTENANCE PROGRAM 1. SCOPE OF WORK: 1. Grass Moving. Ail grass and ground cover, in unmulched beds shall be mowed as often as necessary to maintain a maximum height of four (4) inches. 2. Mulching. Mulch chips, single chip size, free of weed seeds and other deleterious materials and suitable for top dressing shall be used as required to maintain beds at a minimum depth of three (3) inches. Mulch shall not be shreds. 3. Pruning. Plans, awkward in shape, diseased, insect infested or which have dead parts or may cause a safety hazard shall be pruned on an as-needed basis, as scheduled for the District. 4. Insect and Disease Control. AH insect and disease problems will be diagnosed by a qualified horticulturist and effectively treated. 5. Weed Control. Weeds in all plant beds shall be controlled either mechanically, chemically or by a combination of both. 6. Wetland Maintenance. Provide all maintenance and monitoring of all applicable wetland areas including, but not limited to all submerged areas, ,~all drainage ditches and/or surface water ponds, and sand pine preserve or other preserve areas as required to comply with all applicable governmental regulations relative to the same. 2. SPECIFICATIONS AND MINIMUM STANDARDS: A. Insect, Disease and Weed Control: 1. The District or its Contractor shall use only pesticides and herbicides approved by governmental regulatory agencies. All chemicals must be used according to label instructions. The District or its Contractor will be liable for any penalty, fine or damages resulting from the misuse of any chemicals. 2. The District or its Contractor shall provide at least one certified commercial applicator for the Work (Chapter 10D-54 and Chapter 10D-55 Florida Administrative Code pursuant to chapter 482 of the Florida Statutes) in the Lawn and Ornamental category. -Page 10- 3. The District or its Contractor will select the most effective and environmentally safe herbicides and application techniques available. District reserves the right to approve of the herbicides and application techniques. 4. Application shall be performed in such a manner as to protect non-target areas and the public. 5. The District or its Contractor shall use due care to avoid damage to adjacent lawns, golf courses and upland plantings and be solely responsible for any damage incurred while performing work. 6. The District or its Contractor will use application techniques that will minimize drift onto non-target vegetation. -Page 11- MINIMUM IRRIGATION SYSTEM REQUIREMENTS * Sprinkler System Inspection - District shall: * (A) Operate and inspect the sprinkler system once a month and promptly correct any damage, malfunction or other problems. * (B) Calibrate the sprinkler system during the same time the system is normally run, so that water pressures are similar. * (C) Set time clocks on automatic sprinkler systems or time manual systems for applying the proper amount of water. * (D)' Avoid mixing sprinkler head types. Mist heads apply more water than impact heads. Match sprinkler heads for uniform coverage. * (E) Check the sprinkler system frequently. Replace broken sprinkler heads, clear clogged nozzles and adjust the directions of spray. -Page 12- EXHIBIT "C" INSURANCE REQUIREMENTS Below is shown the MINIMUM acceptable insurance to be carried under this Agreement: I. Commercial General Liability (A) Bodily Injury Limit: $1,000,000 Each Occurrence * $1,000,000 Annual Aggregate * Property Damage Limit: $1,000,000 Each Occurrence * $1,000,000 Annual Aggregate * (B) or a Combined Single Limit of Bodily Injury and Property Damage: $1,000,000 Each Occurrence * $1,000,000 Annual Aggregate * (C) The Commercial General Liability shall include Contractual Liability. · (not r~o less than twice the amount of sovereign immunity as the same may change from time to time.) H. Comprehensive Automobile Liability: (A) Bodily Injury Limit: $ 500,000 Each Person $1,000,000 Each Occurrence * Property Damage Limit: $500,000 Each Person (B) or a Combined Single Limit of Bodily. Injury and Property Damage: $1,000,000 Each Person * $1,000,000 Each Occurrence * · (not no less than twice the amount of sovereign immunity as the same may change from time to time.) -Page 13- III. Workers Compensation Statutory Limits and $100,000 Each Accident $500,000 Disease-Policy Limit Employers Liability $100,000 Disease-Each Employee IV. Umbrella Excess Liability Insurance: (A)$1,000,000 Each Occurrence * $1,000,000 Annual Aggregate * (B) The aforementioned umbrella coverage shall be no more restrictive than coverage required for the underlying policies. · (but no less than twice the amount of sovereign immunity as the same may change from time to time.) V. Notice of Cancellation: The In.~urance afforded above may not be terminated or reduced unless thirty (30) days prior written notice of such termination or reduction is mailed to the District (unless terminated for non-payment, in which event ten (10) days notice is required). VI. Insurance Certificate: The City and the Quantum Park Property Owners Association, Inc. shall be listed as an a~.ditional insured for the above Commercial and Umbrella Liability Insurance coverage and a certificate of insurance reflecting same shall be delivered to the City, which certificate of insurance shall be updated on a continuing basis throughout the Term of this Agreement. -Page 14- RESOLUTION NO. R0I- O A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MAINTENANCE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND QUANTUM COMMUNITY DEVELOPMENT DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and Quantum Community Development District have negotiated a Maintenance Agreement setting forth the responsibilities of each party for the maintenance of Gateway Boulevard; NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACII, FLORIDA TIlAT: Section 1. Upon recommendation of staff, the City Commission of the City of Boynton Beach, Florida hereby authorizes the Mayor and City Clerk to enter into a Maintenance Agreement between the City of Boynton Beach and Quantum Community Development District. Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this I~, day of January, 2001. CITY O BO O B CH, FLO~RIDA Vice Mayor Commissioner Commissioner ATTEST: .~t~tlllllllt//t. ' ' o z11111111111~%%~~ NAME OF BID: RE-BID ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE BID DATE: OCTOBER 24, 2002 BID TIME: 2:30 P.M. (LOCAL TIME) BID #: 004-2730-03/KR STATEMENT OF "NO BIDS" LISTING VENDOR REASON ARBOR TREE & LAND, INC. Our product schedule would not permit us to 5769 WESTERN WAY perform. LAKE WORTH, FL 33463 CASTLE FLORIDA BUILDING CORP. We do not offer this product or an equivalent. 150 N. SWINTON AVENUE DELRAY BEACH, FL 33444 CENTERLINE COMMERCIAL, INC. We do not offer this product or an equivalent. 3200 UNIVERSITY DRIVE, SUITE 201 CORAL SPRINGS, FL 33065 CONCO HORTICULTURAL, INC. We are a landscape installation company. Also 9399 153~ ROAD SOUTH we are a fully stocked nursery. We do not DELRAY BEACH, FL 33446 offer this or an equivalent. DELRAY GARDEN CENTER We can't take on any new maintenance at this 3822 W. ATLANTIC AVENUE time. DELRAY BEACH, FL 33445 EDGE & CUT LAWNSCAPING Our product schedule would not permit us to P.O. BOX 970205 perform. COCONUT CREEK, FL 33097 ENVIRONMENTAL CARE, INC. Our product schedule would not permit us to 1145 OLD OKEECHOBEE ROAD perform. WEST PALM BEACH, FL 33401 LANDSCAPE SERVICE PROFESSIONALS Our product schedule would not permit us to 3700 NW 124TM AVENUE, #113 perform. CORAL SPRINGS, FL 33065 MC COY IRRIGATION, INC. We do not offer this product or an equivalent. 1304 RUPP LANE LAKE WORTH, FL 33460 PALM BEACH MAINTENANCE, INC. Insufficient time to respond to the Invitation to 9337 HOWELL LANE Bid. Our product schedule would not permit PALM BEACH GARDENS, FL 33418 >erform. QUALITY GRASSING & SERVICES do not offer this product or an equivalent. 17502 C.R. 672 LITHIA, FL 33547 WADE SMITH de to meet specifications. LANDSCAPING & LAWN CARE 16433 EAST PIMLICO DRIVE LOXAHATCHEE, FL 33470 S.G. KATZ STEPHEN LOCATION AND AREA NO. ;~ROPERTY CORNWELL, INC.r'--'''''- MAINTENANCE d/bid FAIRLAWNS.--.-.....~ IM3 OLD SCHOOL MUSEUM LAND~7-,APE MAINTENANCE $5,957.00 NO BID .-ERTILiZATiON $1,59000 NO BID ~RRIGATION NO mo NO SUB TOTAL AREA t $10,637.00 $0.~ .,auNDSCAPE MAINTENANCE $4,561.00 NO =ERTIUZATION $982.50 NO :)ESTICIDE NO BID NO.~ ARBORIST CARE $,l.*e~ n~ SUBTOTAL AREA 2 $?,033.S0 i '"~~~ 3 ARBOR PARK LANDSC, APE MAINTENANCE $4,581.00 =ERTILIZATION $9~....5Q PESTICIDE NO BID RRIGATION NO ~ ~RBORIST CARE .e3._,,mn aa SUB TOTAL AREA 3 $8,~03.50 ..~ 4 IRT CENTER lANDSCAPE MAINTENANCE $8,70~00 · 'ERTILIZATION $1 500.00 PESTICIDE NO BID IRRIGATION NO BID SUB* TOTAL AREA 4 $t 2,82B...._~ L,~ID~E MAINTENANCE $9,384.00 ~........_~ IRRIGATION NO BID~ SUB TOTAL AREA8,5 & 6 S15,179: ~ ? '~HILD CARE CENTER L.ANOECAPE MAINTENANCE $7,279' IRRIGATION NO' AREORIST CARE SUB TOTAL AREA 7 8 CITY HALL . LANDSCAPE MAINTENANCE =ERTILIZATION PESTICIDE IRRIGATION -- ~RBORIST CARE SUB TOTAL AREA 8 9 CMC CENTER LAN D~-,.APE MAINTENANCE FERTILIZATION =ESTICIDE IRRIGATION ARBORIET CARE SUB TOTAL AREA 9 AREA8 1 THRU 9 SUE TOTAL B.G. KATZ STEPHEN FIR LOCATION AND AREA NO. PROPERTY ;ORNWELL, INC, LA~ MAINTENANCE ~oa/FAIRLAWN~ B.G. KATZ STEPHEN F LOCATION AND AREA NO. PROPERTY CORNWELL INC. L-. MAINTENANCE dfoa/FAIRLAWN8 .10 CODE COMPUANCE TRAILER LANDSCAPE MAINTENANCE $3,06~.00 NO ElD ~ f~ o~y krlga&:)n FERTILIZATION $375.00 NO BID PESTICIDE NO BID NO BID IRRIGATION NO BID NO BID ARBOR!ST CARE NO BID NO BID BUS TOTAL AREA 10 $3,444.80 $0.80 COMMUNITY PALM TREE LANDSCAPE MAINTENANCE ~di,957.80 NO BID FERTILIZATION $1,596.00 NO BID PESTICIDE NO BID NO BID iRRIGATiON NO BID NO BID P.RBORIST CARE NO BID NO BIO, ~ SUB TOTAL AREA t.1 $7,547.00 ~0.08 .--__._ .12 COMMUNITY VEG. GARDEN "-----. .AND~-..APE MAINTENANCE $4,845.00 NO BID --"--- =ERTIUZATION ~517.50 NO BID PESTICIDE NO BIO NO ELD'--'-"- mn~ttng RRIGATION NO BID NO BID*----'--- ANBORIST CARE NO BID NO BID-.-**____ ~JB TOT,&/. AREA 12 $4,562.56 COMMUNITY --__._.._ 13 nk~iii'llLl~'leATlON ~ARDEN LANDSCAPE MAINTENANCE S3,069.8G NO BI'-'-'-"--- =ERTILIT..ATION $375.00 NO B% b~ddm- ::)ESTICIDE NO BID NN~ ~ RR~ION NO BID ~,RBORIST CARE S1,275.0Q NO ~ 8UB TOTAL AREA t 3 S4,719.~) S0.~ COMMUNITY TRIANGLE 14 ~I, RDEN LANDSCAPE MAINTENANCE $3,0~9.00 NO~ FERTILIZATION $375.00 PESTICIDE HO BID N IRRIGATION NO BID ARSORIST CARE NO BID SUB TOTAL AREA 14 S3,444.00 '15 COMMUNITY FRUIT GARDEN ..ANDSCAPE MAINTENANCE $3, .0~9.00 FERTILIZATION $352.50 PESTICIDE NO BID IRRIGATION NO BID ARBORIST CARE NO BID SUB TOTAL AREA 15 $3,421.50 16 FIRE STATION # 2 .ANDRE MAINTENANCE $3,359.00 ;ERTIUZATION $8~7.50 ;'ESTICIDE NO BID IRRIGATION NO BID ~RBORIST CARE NO BID SUB TOTAL AREA 16 S3,9~8.50 '1IIIIII I zz zz 8 $ 8 I z-- ' ii:il it . . u~ . ~i ~!~ ~~' ~!~~i''*'i ~'t~ ~,,,,~ ~o,~I, I Illlll//;/ 1 Illll IIJIIII Illl l l 1/ 111 1 I ll JIl l I lllllJ I llllll' ; 11 11 1 1 *11'1 I*lJl*l'l*//*///*/1,1/*lll*ll*l IlilJII Iltllll I*J I*l*l*l*l, J llJIII JilllJll J*;il*l III Ilil I fl IJIIfl/Iflllll Jl'lllJI itl,l,l,i iii i,i,l,l*** / /i // ill/ illili( iii?il////lljj, VT '.-CONSENT AGENDA WEM B.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR ,. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Meeting Dates in to City Clerk's Office [] December 3. 2002 November 18, 2002 (Noon) [] February 4. 2003 January 21. 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3. 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF '1~ Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation ¢ [] City Manager's Report .? RECOMMENDATION: Motion to approve stormwater pipe relining at various locations by Azurix North America Underground- Infrastructure, Inc. in the amount of $160,070.48 based on Board of County Commissioners - Orange County, Florida contract #Y0-103. EXPLANATION: Last year the Utilities Department identified various locations where stormwater pipe was deteriorated and failing due to corrosion. Azurix North America was approved by Commission in October 2001 to perform the relining and the project was very successful. More locations have been identified this year in the Renewal and Replacement Plan for relining. Current locations include: ten (10) locations in Skylake Development north of Old Boynton Road, east of Congress Avenue, $146,802.40; one (1) location in Leisureville at the intersection of SW 18th Street and SW 22nd Avenue, $3,660. t 6; and one location in Boynton Isles, east of Federal Highway, north of the Women's Club at the intersection of Brookdale Drive and Greenbriar Drive, $9,607.92. The pipes need to be relined to prevent collapsing and failure which could cause flooding and right-of- way problems. Auzrix North America has had the Orange County Contract since January 2000 and has been renewed through January 2003. S:\BULLETIN~FORMSLa, GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: These repairs will reduce the number and frequency of emergency responses to sinkholes, flooding, or collapsed roads. FISCAL IMPACT: $200,000 is currently budgeted in the Stormwater Renewal & Replacement account, 405-5000-590-96- 09, STM024, stormwater pipe relining. ALTERNATIVES: Excavation of the areas could be done, however it would impact residents more than slip lining. Stormwater pipelines are located near patios, pool decks, and various other structures that would disturb the residents. Staff could delay the relining. We do not recommend either alternative as this is not in the best interest of our customers or the general public. ~ Department Head s Si~ature City Manager's Signature Utilities City Attorney,/~inanceJ,~Hu~'~ Resources Department Name Cc: Mark Law Mark Bobich Barb Conboy Bill Atkms - Procurement Services S:~BULLETIN~FORMS~AGENDA FI'EM REQUEST FORM.DOC REQUEST FOR REQUISITION H.T.E. ENTRY DATE: l H.T.E. REQUISITION It Clerk: Procurement Ass't: Director: City Manager (non budgeted cai>ital and/or $5000+): REASON FOR PURCHASE: slip lining of stormwater pipe where deterioration is occurring Skylake, Boynton Isles, Leisureville VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Azurix Admin. (x) Date: 11-15-02 i ASAP (x) Address: 1117 NW 55th Street Construction ( ) Date Needed: ASAP : Confirm. ( ) I Ft. Lauderdale, FL 33309 Cust. Rel. ( ) i ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): 954-561-0942 Lab ( ) Quotes/Verbal ( ) E. Admin. 40 ( ) (over $500) John Rinehart Pumping ( ) Quotes/Written ( ) E. WTP 41 ( ) (over $2000) Vendor Number: 7488 PWMaint. ( ) Bid Docs. ( ) W. WTP 42 ( ) PWOps. ( ) Sole Source Ltr. ( ) PfU 99 ( ) INITIATOR: Mark Bobich d~/~ ~( Sewage () Insurance ( ) Special Instructions: I I Recluirements: APPROVED: Mark Law Jt~ Strmwtr. (x) Project Number: STM017 Quan. Unit Description & Part Number Fund Dept Basic Elem Obj Amount Price 146,802.40 1.00 Storm Sewer Line Rehabilitation 405 5000 590 96 09 146,802.40 Skylake 3,660.16 1.00 Storm Sewer Line Rehabilitation 3,660.16 Leisureville Storm Sewer Line Rehabilitation 9,607.92 Boynton Isles 160,070.48 I U:\conboyuserdata\wordata\wordfile\requisition blank.doc Azurix North America Underground An'American Water Services Company 1117 NW 5~~ Street '- Ft. Lauderdale, FL 33309 (954) 561-0942 Phone (954) 491-5427 Fax Facsimile mansrrdrral To: Mark Bobich Fax: -561-7~2-6298 Company: City of Boynto~ Beach From: John Rinehart Date: 11/05/02 Re: Pages: (including cover) Contract Amendment / Cert. Ins 4 CC: [] Urgent 0lFor Review (21 Please Comment [] Please Reply ~] Please Recycl Ma&eh B~::~/Philip / dba. Azuri~ North America 109 Appleweod Drive Lork~oo(t, FL. 327~0 Oen~men: ~: CONT~ ~Y0-103- A~ND~ ~2 ~TO~ SEWER L~E SLIP L~G ~R~IL~ATION A~¢~ plg~e find one o~nml of Amendment ~2 ~ ,Con~ ~Y~I03 ~ refe~n~ ~bove, ext~n~ the t~m of thb Contr.ct ~om ,t~nua~ 15, 2002 ~ J~nua~ 14, 2~3. PI~ do not h~i~t~ ~o contact D~o~ Bamon, Senior Cont~ Ad~n~trator Yo~s ~y) , Arc.eat: ~en~m~ 2 Ev~ C~is, ~b~ Wor~ Fi~cl Se~on $~ke B~, Ko~s ~ ~nag~ Di~sion Fi~ Loa~ B~iness Dev6opm~l (~W) ~ Dau~ - Fi~e~ Di~sion (~y) M~I~ Bil~ S 'd S89~'ON XIMRZV ~V~t:l[ ZOOS '~ ',~ON AMENDt~ENT No. CONTRACT Y0-i03 STORM SEWER LINE SLIP LINING REHABILITA?ION MAD~EN.BARR/PHILIP d/b/a AZURIX NORTH AMERICA In aeeordan¢~ wt~ Sp~a~ Terms ~d Conditions No, I I, Option to Ex~d Term of Contract, ~he County exercise.$ Opt. ion No, 1 by extendit~g the ~e,-m of the contract as followa: from: ~anuary 15, 2001 through Sanuary ~4, 2002 To: ~anuary 15, 200~ throngh Yanuary 14, 2003 All terms and conditions remain unchangad. Board of Orang~ County, Florida $ohnny .M, R/c'ha~d,on' CP~, CACM ..... Manager, Purchasing and Contr~t~ Divition THIS CERTIr:~,~T£ IS ISSUED AS A MATTER OF INFORMATION ONLY AND PRODUCER CONFERS NO I;:IGHTS U~mON THE CERTIFICATE HOgDER, THI~ DOE~ NOT AMEND, ~XTEND OR ALTER THE COVERAGE AF~OffiDED BY THE FRENKEL & CO., INC. POLICIES ~ 0~. ~o e~y COMPANIE~ AFFORDING COVERAGE 5th ~l~r New Yo~, NY q 00~ 9 ~R A T~vele~ tn~uran~ -ax No. (2~2) AS~0~0 ~e B Lexington and :GNU (~88~) ~urlx No~h ~erlca Underground [nf~tru~ure, Inc. ~eflcan W~r 5ewIce~ Unde~mund Inf~tru~um, In¢, 1117 NW 55~ Street ~m D FOA Laude~ale, FL 33309 ,, TMI& I& TO CERTIFY THAT THE POLI~I~ DP INSURANCE LlaTED BELOW HAVE B~Elt ISSUED TO THe INSURED NAMED ABOVE POR THE ~OLI~Y PERIOD INOIGATED, NOTWlTHSTANDIN~ ANY R~UIREM~NT, TERM OR CONDITION DP ANY :ONTRAgT OR OTHER DOCUMENT WITH TO WHICH THIS CERTIFICATE MAY Be ~SUe0 OR MAY PERTAIN~ THE INSURAtICE A~ORDED BY THE POLICIE& DESCRIBED HEREIN &UBJECT TO ALL THE TERMS, EXCLU~ION~AND GONDITION~ OFSUCH POLICIES _~MITa&HOWN MAY HAVE BEEN REDUCBD BY eAID CLAIM&. POU~ LTR A ~ ~ ~MMERC~L GENE~L L~B~L~ GLS~60T331702 101112002 10/1~03 PROOUCT~M~/O~ AGO. $ 12,~0,000 PE~O~L & A~. INJURY $ 1,0~,000 ~ C~ MADE ~OccuR. ~CH OCCU~EN~ $ 1 ,~0,~0 MED. ~ENSE (A~Y ~a ~) $ ~TOM~IL& U~ILI~ COMBINED SINGLE LIMIT $ ~ ,~0,~0, A ~ ~Y AUTO ~P~0T329802-A~ I01~2 10/1/2003 ~L ~NEO A~OS C~28~ T052~2-MA BODILY INJU~ (~R ~) ~ ~HEDU~O AUTOS ~ HIRED ~O8 CAP~KS~2-TX ~ODILY I~URY ~R A~N~) ~ NoN-OWNE~ AUTOS ~ GAUGE L~BtL~ PRO~R~ DA~G~ $ ~CES8 LI~ILI~ ~CH O~u~ $ B ~ UMBREL~ FORM L~X~5 10/1~2 10/1~003 AOGRE~ $ 5,~0,~0 ~SR THAN UMaRE~ ~R~R~ COMPENSA~ON ~A~TORY A ~O UB~OT328202~OS 10/1~0~ 10/1/2~3 ~H ~CiDE~ ~ ~ ,0~,0~ EMPLOYERS L~BILI~ ~ DtS~S-POL~ LIMff $ 1 UB~2K~702-~,MA De.e-EACH EM~LO~E i $ 1,~0,~0 A PROPERW D~eE CM~02 10/1~2 10/1~3 $t,000,000 [3ESCRIPTION OF OI=ERATION&'I.OCATION&~ENICLE&'~FEClAL ITEM8 The Certificate Holder la named Additional Insured with respect to the operation:s of the Insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE I$$~J~NG COMPANY WILL ENDEAVOR TO MAIL 30 DAYS The City of Boynton Beach ~RITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO Attn; Mark Boblch TH=g LEFT, OUT FAILURE TO MAIL SUCH NOTICE SHALL IMPC..RE NQ QELIGATIQN OR LIABILITY QF ANY KIND UPON 124 Woolbright Road THE: .".OMPANY, ITS AGENTS OR RiPRESENTATIVES, c~oynton Beach, FL 33435 ~' ~ [ ' '¥. m. ~t~ S-,et Azuri x No~h America F~ 954,: 49!- ~42 ~ J~ ~* ~J~oh~ Fax (9~4) 49l-~42, PROPOSAL Submitted To: City of Boynton Beach i Date: January 19% 2002 124 E. Woolbright Road ] Phone: I (561) 742-6420 ] Bovnton Beach, FL 33435 Fax: I(561) ?42-6299 i ' Cell: ] [ Arm: Mr. Mark Bobich I Job Name: i [ Location: ] Storm Drain System Boynton i Beach, Florida We Propose hereby to furnish material and labor-complete in accordance with specifications below, for the sum of: See Below Payment to be made as follows: 100% Due ~ithin 30 days after completion of m e a s uatanteed to be as soectfll~ All worX to Be cornDete~ n a Auttlorze~ Awl~ma:n:ke' mg ...... 0n9 ...... :ard ......Airy al ...... ~c~C~ Signature ~ ,~ ~ dev abort ~from sp6oficatlon$ t~eiow ~nvolvlng extra costs wal De exeCUtect ~Y [ ~ ' Jofi"fi Rinehart ~/Leo P Cunha = ' our Note: ~ p 0o Y We hereby submit specifications and estimates as follows: Azurix North America will provide all labor, material and equipment to perform the following repairs: iIT~M I DESCRIPTION ] UNIT PRICE ' TOTAL ~a/ Il'" Street #1004 Contract I i $31,954.79 ' NWI 1'" Street ~603 Contract ; i $17,806.89 NW Il'" Street #1174 Contract t i $16,468.80 , S16,188.55 NW 10'" Street #1095 LF Contract NW 10'" Court #1092 LF Contract ! i SI5,203.16 Contract ! $3.519.25 NW 10'" Court #1092A NW 9'" Street #109'7 Contract $8.010.96 ~ ,. Contract $11,939.88 I NW 10 Street #1096 Contract ' $13,358.52 ! NW 10'" Street #906 , NW lO'" Street t~)O? Contract ! $12.351.60 5146,802.40 Notea: 1) City to provide 2" Hydrant Meter for Cleanin& & Processing. 2) No permits ara included with this proposal. 31 Prices are piggybacked off of our current Orange County Contract. Acceptance of Proposal--The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Authorized Signature: Date of Acceptance: GLOBAL WATER SOLUTIONS ....... STORM SEWER LINE REHABILITATION BID ITEM SCHEDULE Item- ~U~i~fity- .... U~it ......~)-~iO-N"~EAR #2 - DESCRIPTION Unit Price ..... Total ~umber 91 - -i500 LF , Light Cleaning - 15" thru 18" 1.06 $i~5~4:00' 92 ...... 9500 LF ~ Medium Cleaning - 15" thru 18" 2.11 $3,168.00--- 93 1500 LF '.Heavy Cleaning - 15" thru 18" 4.01 $6,019.20 -94 1500 LF i Light Cleaning - 24" thru 42" 2.64 $3,960.00 --95 1500 LF ;Medium Cleaning - 24" thru 42"__ 6.86 $10,296.00 --~6 1500 LF : Heavy Cleaning - 24" thru 42" 19.01 $28,512.00 97 1500 LF i Light Cleaning - 48" thru 60" 5.28 $7,920..0_0. '98 ...... ¥500 LF '. Medium Cleaning - 48" thru 60" 15.84 $23,760.00~ 99 1500 LF i He_avy Cl_ea_ni~g - 48" thru 60" 21.12 _ $3 ! ,680._00 --100 .... ~75 ....... -I-F ~ Furnish and install 15" CIPP Lining (less than 500 LF) (7.5 mm) ____ 59.14 __~$_28,089._60 _ (500 LF to 1,000 LF) (7.5 mm) 57.55 $57,552.00 102 1200 LF ', Furnish and install 15" CIPP Lining (1,000 LF or more) (7.5 mm) 57.02 $68,428.80 i-03--- ~ .....'~-~- - LF Furnish and install 18" ClPP Lining (less than 500 LF) (7.5 mm) 71.81 $34,108.80 104 1000 LF Furnish and install 18" CIPP Lining (500 to 1,000 LF) (7.5 mm) 68.64 $68,640.00 105 1200 LF Fumish and install 18" CIPP Lining : (1,000 LF or more) (7.5 mm) 63.36 $76,032.00 106 475 LF Furnish and install 24" ClPP Lining (less than 500 LF) (9 mm) 100.32 $47,652.00 -107 1000 LF '. Fumish and install 24" CIPP Lining (500 to 1,000 LF) (9 mm) 95.04 $95,040.00 108 1200 - LF Furnish and install 24" CIPP Lining (1,000 LF or more) (9 mm) 89.76 $107,712.00 109 475 LF , Furnish and install 30" CIPP Lining (less than 500 LF) (10.5 mm) 116.16 $55,176.00 110 1000 LF !Fumish and install 30" CIPP Lining (500 to 1,000 LF) (10.5 mm) 110.88 '~ $110,880.00 111 1200 LF Fumish and install 30" CIPP Lining (1,000 LF or more) (10.5 mm) 105.60 : $126,720.00 112 475 LF Furnish and install 36" CIPP Lining (less than 500 LF) (15 mm) 147.84 '. $70,224.00 113 1000 LF Fumish and install 36" CIPP Lining (500 to 1,000 LF) (15 mm) 141.50 $141,504.00 114 1200 LF Furnish and install 36" CIPP Lining (1,000 LFor more) (15 mm) 135.17 $162,201.60 115 475 LF Fumish and install 42" CIPP Lining (less than 500 LF) (13.5 mm) 168.96 $_8_0,_256.00. :~ 116 1000 i LF Furnish and install 42" CIPP Lining (500 to 1,000 LF) (13.5 mm) 163.68 $163,680.00 ADDENDUM # 1 REVISED D-2 (E) IFB NO. YO-IO3-BI '-' item .... Quantity Unit DESCRIPTION Unit Price Total number --- -1-1-7- 1200 LF Furnish and install 42" CIPP Lining (1,000 LF or more) (13.5 mm) 158.40 $190,080.00 .......... ~ Fumish and install 48" CIPP Lining 118 475 LF (less than 500 LF) (13.5 mm) 211.20 $100,320.00 119 ~ Furnish and install 48" CIPP Lining 1000 LF (500 to 1,000 LF) (13.5 mm) 205.92 $205,920.00 - -120 ~ Fumish and install 48" CIPP Lining 1200 LF : (1,000 LF or more) (13.5 mm) 200.64 $240;768.00 - 1-21 i Fumish and install 54" CIPP Lining 475 LF : (less lhan 500 LF) (13.5 mm) ,. :~ 285.12 $135,432.00 122 i Furnish and install 54" ClPP Lining 1000 LF (500 to 1,000 LF) (21 mm) 311.52 $311,520.00 --- ~ .... ':Furnish and install 54" CIPP Lining 1200 LF (1,000 LF or more) (21 mm) 306.24 $367,488.00 --- 124 !Furnish and install 12 "PVC/POLY Lining 475 LF ~: (less than 500 LF 55.97 $26,584.80 125 '~Furnish and install 12 "PVCIPOLY Lining 1000 LF (500 lo 1,000 LF) 53.86 $53,856.00 126 ; Furnish and install 12 "PVC/POLY Lining 1200 LF' (1,000 LF or more) 51.74 $62,092.80 127 1500 LF !Light Cleaning- 12" thru 18" 1.06 $1,584.00 128 1500 LF i Medium Cleaning - 12" thru 18" 2.11 $3,168.00 129 1500 .LF ! Heavy Cleaning - 12" thru 18" 4.01 $6,019.20 130 475 LF i Furnish and install 15" PVC/POLY LINING (less than 500 LF) No Bid No Bid 131 1000 LF Furnish and install 15" PVC/POLY LINING ( 500 to 1,000 LF) No Bid No Bid 132 1200 LF Furnish and install 15 "PVC/POLY LINING ( 1,000 LF or more) No Bid No Bid 133 475 LF Furnish and install 18 "PVC/POLY Lining (less than 500 LF) No Bid No Bid 134 1000 LF Furnish and install 18 "PVC/POLY Lining ( 500 to 1,000 LF) No Bid No Bid 135 1200 LF Furnish and install 18 "PVC/POLY Lining (1,000 LF or more) No Bid No Bid OPTION YEAR #2 TOTAL: $3,315,628.80 BASIC YEAR TOTAL- $3,139,800.00 OPTION YEAR #1 TOTAL: $3,139,800.00 OPTION YEAR #2 TOTAL $3,315,628.80 ADDENDUM~I REVISED I)-2 (F) IFB NO. YO-103-BI JO~- M. ~C~SON, CPPO, CACM, M~ger ~ E- ~u~ S~eL 2nd Flor · R~iy To: Post 0~ ~x 13~ * ~l~do, ~o~ 32~2-1393 BO~ OF CO~TY CO~SSIO~ O~GE CO~, ~O~DA ~~ NO. 1/CON--CT NO. Y0-103-BI One (1) Year Te~ Contract, With Renewal Clause for Stoa sewer Slip Lining Reh~ilitation ~nis mmen~ent is her~y inco~orated into the doc~ents of ~e project referenced ~ove. ~e following it--s are cl~ifications, corrections, editions, deletions ~d/or revisions to and shall take pc~cedence over ~e original doc~ents. - 1.The following line it~ ad~tions added are her~y to ~d I~ ~ ~IT DESCRIPTION ~IT PRICE 12A LF 15-inch CIPP $4.10 THIC~SS ~CE THIC~SS V~CE +/- 1.5~ 1SA LF 24-inch CIPP $5.00 THICk, SS ~~CE +/- 1.5~ 2~ LF 30-inch CIPP $5 60 THIC~SS ~~CE +/- 1.5~ 2~ ~ 36-inch CIPP $6.50 THIC~SS ~CE +/- 1.5~ 27~ LF 42-inch C~PP $7.00 THIC~SS +/- 1.5 ~ 30A LF 48-inch CIPP $8.00 THIC~SS ~CE +/- 1.5~ 33A LF 54-inch CIPP $!0.00 TH~C~SS ~~ +/- 1.5 m~ If ~ou have ~y ~estions in reference to ~is docent please call me at (407) 8.36-5~34. William J. I~ine, CPPB,C~ S~ior Con~act A~nistrator cc. C~lton glliott, Roads & DraYage Division ~en Holder, Finance SEE MAP NO. 93 I PL " ;~R ~ CEDAR { RIDGE N ~ ~mmerce Rd La City of Boynton Beach [24 E %,~,qbr~i~;~,ad "ti: ~i '42,,422 r ~' ~= PARK WAY O I- I E,missiot · ~ ROXBUR¥ C~ ~ I?spectim 1 2 MEDFORD CT 8 AMHERST CIR SUNTOP 13 HAYDEN CT 9 AMHERST CT I / Station 14 WHEATLEY RD 10 ANOOVER CT SUNTREE "5 WHEATLEY CT 11 BRADFORD CT' SUN RAY__ 16 FOXBORO CT 1312 CHADWlCKcoPLEY cTCT 1 NW 27 AV I SUNWlSE ~ QUAN' ;UNACRE$~' __ Sybar ~ ;~UANTUM SUNDIS~ Square t ,'~ .... CORPOR~ M6T~)~OLA ~ORPORATIO 1 ABERCORN CIR N PA RK 2 BROUGHTON CIR N & S 3 BROUGHTO" SQ BEACH 4 GASTON CT 5 $CARBROUGH LA 6 BROUGHTON CT S 7 CHIPPEAW CIR N & $- ---AV[ lESS 8 CHIPPEAW SQ 9 TYBEE CIR 10 MONTEREY CIR N & S 11 MONTEREY SQ N & S AVE ~2 VICTORY CIR 13 CHATHAM CT AVE -.~361 ~ High School - NW Crznal "' C- 16 -z ': ' [!: ,,~; '[I -- ~' Ave' Boat Harlowe \ Ivanhoe ][~ooynton NW K,tely Ave BOYNTON Lothair Av Marlow Ave BE ACH Commons M ALL Shopping PANDORA AV Center ,33436 ' Pla ,I Grccntrcc SIC CREEK Azurix North America A urix I l 1 - ,¥ ~" 55th 5~eet fit ~k, ~L 33309 Te~pflo.e 59545 56]-0942 fi~ ~954) 491-5427 =k~ CU C023~5 PROPOSAL Submitted To: City of Boynton Beach I Date: I October 07% 2002 , 124 E. Woolbright Road Phone: (561) 742-6420 Boynton Beach, FL 33435 I Fax: I (561) 742-6299 Cell: Attn: Mr. Mark Bobich [ .lob Name: l Location: i Storm Drain System ] ~ Boynton Beach, Florida Payment to be made as follows: 100% Due within 30 days after completion of acceptance We hereby submit specifications and estimates as follows: Azurix North America will provide all labor, material and equipment to perform the following repairs: DESCRIPTION Q~Ty UNIT PRICE i TOTAL SW 18'" Street & 22"a Ave o~, LF Contract i $3,660.16 ! Brook dale Drive ~ Greenbriar Drive 147 LF,i Contract i i' $9,607.92 [rJ I [ $13.268.08 Notes: 1) City to provide 2" Hydrant Meter for Cleaning and Processing. 2) No permits are included with this proposal. 3) Prices are piggybacked off of our current Orange County Contract. Acceptance of Proposal--The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Authorized Signature: GLOBAL WATER $OLOT~O'N $ VII.-CONSENT AGENDA I'TEM B.3. RESOLUTION NO. R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING STORMWATER PIPE RELINING AT VARIOUS LOCATIONS BY AZURIX NORTH AMERICA UNDERGROUND INTFRASTRUCTURE, INC. IN THE AMOUNT OF $160,070.48, BASED ON BOARD OF COUNTY COMMISSIONERS, ORANGE COUNTY, FLORIDA CONTRACT #Y0-103; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Azurix North America was approved by the City Commission in October 2001, to perform the relining of deteriorated stormwater pipes, based on Board ~f County Commissioners of Orange County, Florida, Contract No. Y0-103, and the project was very successful; and WHEREAS, more locations have been identified this year in the renewal and replacement plan for relining; and WHEREAS, the City Commission deems it to be in the best interests of the itizens and community to approve the stormwater pipe relining at various locations by tzurix North America Underground Infrastructure, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the agreement with Azurix North America Underground Infrastructure, [nc., a copy of which is attached hereto. Section 2. That this Resolution shall become effective immediately. :\CA\RESOV~.greements\Bid Awards~zudx North America Underground - Stormwater Pipe Relining.doc PASSED AND ADOPTED THIS ~ day of December, 2002. CITY OF BOYNTON BEACH, FLORDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk (Corporate Seal) :a/reso/agreemen ts/azuri x northamerica ;:\CA\RESOV~,greements\Bid Awards~.zurix North America Underground - Stormwater Pipe Relining.doc VII.-CONSENT AGENDA CITY OF BOYNTON BEA£ ITEM C.1. AGENDA ITEM REQUEST 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 Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January21,2003 January6,2003 (Noon.) [] March lS,. 2003 March 3, 2003 (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: Approve amendment to Barton Memorial Park lease agreement with the State of Florida Department of Transportation (D. O. T.) for the removal of the Barton Memorial Cemetery (parcel 88)from the lease, as it has been conveyed to the City of Boynton Beach. EXPLANATION: As of July 2, 2002, the Barton Memorial Cemetery (parcel 88), which comprised ofl,335 square feet, will no longer be a part of the original lease agreement (dated July 6, 1978), as it has been given to the City of Boynton Beach. The City has been maintaining the cemetery for many years. The D. O. T. is of the opinion that this property would not be useful to them due to community concerns. PROGRAM IMPACT: City ownership of the cemetery insures that maintenance will continue in perpetuity. FISCAL IMPACT: The City already maintains this property so we son not anticipate any additional costs. ALTERNATIVES: Do not approve amendment. Risk that the D.O.T. will expand Interstate 95 and, without our knowledge, disturb grave sites. City Attom~J/Finance / Human Resources Department Name S:~BULLETIN~ORMS~a, GENDA ITEM REQUEST FORM.DOC RESOLUTION R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE BARTON MEMORIAL PARK LEASE AGREEMENT; PROVIDING FOR THE REMOVAL OF PARCEL 88 FROM THE LEASE AGREEMENT; AND PROVIDING AN EFFECTWE DATE. WHEREAS, on July 6, 1978, the City of Boynton Beach entered into a Lease Agreement with the State of Florida Department of Transportation, whereby the City assumed full responsibility for operation and maintenance of the Leased >roperty for public park purposes; and WHEREAS, on July 5, 2002, the City of Boynton Beach acquired ~wnership of Parcel 88 (Barton Memorial Cemetery), which consists of approximately 11,335 square feet, which parcel will be carved out and no longer be part of the Lease Agreement between the parties; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY .~OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing recitals are true, correct and incorporated into Ihis Resolution by this reference. Section 2. The City Manager of the City of Boynton Beach is hereby authorized and directed to execute a Lease Amendment between the City of Boynton Beach and the State of Florida Department of Transportation, which Lease Amendment is attached hereto. Section 3. Upon adoption of this Resolution, the City Clerk shall t'orward an executed copy of this Resolution to Susan Day, Florida Department of S:\CAW, ESO~.greements~arton Memorial Park -FDOT Amendment I 12502.doc I t Transportation, 3400 W. Commercial Blvd., Ft. Lauderdale, Florida 33309-3421, for further handling. Section 5. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of December, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk ~,Corporate Seal) S:\CAW, ESO',AgreementsXBarton Memorial Park -FDOT Amendment 112502.doc2 Florida Department of Transportation JEB BUSH DISTRICT 4 RIGHT OF WAY PRODUCTION SERVICES THOMAS F. BARRY. JR. GOVERNOR 3400 W. COMMERCIAL BLVD., FT. LAUDERDALE, FL 33309 SECRETARY (954) 777-4242 TOLL-FREE (866) 336-8435 FAX (954) 77%4261 October 16, 2002 Ms. Debbie Majors Supervisor City of Boynton Beach Parks Department 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 SUBJECT: LEASE AMENDMENT Item/Segment No. N/A WPI No. N/A State Project No. 9322-202 (93220-2412) Federal Project No. N/A State Road No. 1-95 County Palm Beach Parcel Nos. 40, 82, 88, 89 & 156 File Name Barton Memorial Park (Cemetery) Dear Ms. Majors: Please fred enclosed an amendment to the Barton Memorial Park lease agreement that needs to be signed and notarized by the appropriate city official. The amendment is for the removal of the Barton Memorial Cemetery (parcel 88) from the lease, as it has been conveyed to the City of Boynton Beach. When it has been signeci, please submit it to me at the address above for formal execution by the Deparunent's District Secreta~. I will forward you a copy of the amendment when that has been done. As always, please feel free to contact me at (954) 777-4233 if you have any questions. Thank you. Sincerely, Right of Way Agent TG~ Enclosure cc: Eric Thorne, Susan Day ~RECYCLED PAPER Lease Agreement Barton Memorial Park LEASE AMENDMENT Finis is an Amendment to that certain Lease Agreement between the City of Boynton Beach and the State of Florida Department of Transportation dated the 6_~.~ day of July, 1978. As of July 5, 2002, the Barton Memorial Cemetery (Parcel 88), which is comprised of 11,335 square feet, will no longer be a part of said lease, as it has been sold to the City of Boynton Beach. The cemetery is described in the attached Exhibit "A." Except as amended herein, all other terms and conditions of the Lease Agreement dated July 6, 1978, shall remain in full force and effect. LESSOR STATE OF FLORIDA LEGAL REVIEW: DEPARTMENT OF TRANSPORTATION By: District Counsel District Secretary Jeb Niewood Rick Chesser, P.E. Print Name Print Name Attest: (SEAL) Executive Secretary LESSEE CITY OF BOYNTON BEACH By: Print Name Tide: Attest: (SEAL) Tide: BOOK 1~32 PAGE 1243 EXHIBIT "A" LEGEND, J- OCA T I ON MAP 8 · AND NOT TO SCALE ~ · BASEL I NE L . ARC LENGTH OF CURVE .SURVEYOR'S NOTES ~ · CENTERLINE A · CENTRAL ANGLE OF CURVE I) Bearing bosls for Exhibit- "A" is *he C.B. -CHORD BEARING Wesi- line o-f i-he S.W.I /4 of Sec. 21, CONC. · CONCRETE Twp. ,45 S., Rge. ,43 E.. os shown on COR. · CORNER 'f'he FDOT Rlght. at: Way Map Seci'lon D · DEGREE OF CURVATURE No. 93220-2412. Sold line bears EXIST. · EXISTING Norfh 01O3G'31 "._.Wes*. F.P. · FINANCIAL PROdECT FDOT · FLORIDA DEPARTMENT OF 2) Informoflon shown hereon for Slate · TRANSPORTATION Road 9 (I-95) Is based on i'he FDOT FD. FOUND Rlghf of Way Map Secfion 93220-2202, R · IRON ROD provided by FDOT. L/A · LIMITED ACCESS N/A · NOT APPLICABLE 3) Purpose for Exhiblf "A' is SURPLUS. NO. · NUMBER (PT) · OFFSET RIGHT 4) All dimensions ore colculofed unless PO. · PAGE ofherwlse specified. P B.CO.. PALM BEACH COUNTY PK · PARKER KALON 5) This sKefch exlsfs solely for the P ) · PLAT purpose of il Iusfrafing a legal P.B. · PLAT BOOK description fo which If Is atfoched. -* · PLUS OR MINUS P.O.B. · POINT OF BEGiNNiNG 6) The fopographic Informaflon shown P.O.C. · POINT OF COMMENCEMENT hereon was surveyed by Greenhorne 8 P.C. · POINT OF CURVATURE P.I. · POINT OF INTERSECTION O'Maro. Inc. on February 8. 2002. POT · POINT ON TANGENT P T. · POINT OF TANGENCY P.S.M. · PROFESSIONAL SURVEYOR 8 MAPPER R · RADIUS OF CURVE PGE. · RANGE R/W · RIGHT OF WAY SEC. · SECTION SO.FT. · SOUARE FEET S.R. ·STATE ROAD NOT A SURVEY STA. · STAT ION · TANGENT PARCEL 88 (PART) TWP. · TOWNSHip FLOR[DA DEPARTMENT OF TRANSPORTATION WPI · WORK PROGRAM ITEM RIGHT OF '//J,Y MAPPING -HATCHED AREA TO BE · SURPLUS RIGHT OF WAY PARCEL SKETCH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE ROAD NO.9 (I-95) PALM BEACH COUNTY D STRICT FOUR 3400 WEST COMMERCIAL BLVD. ;~,*~ ,*,*,J0 ~-o,-~ FORT LAUDERDALE. FLORIDA 33309 ~.""'£D T,UO~ ~-o.-:; ~'~ (954)777-4550 ~ t I IGREENHORNE 80'MARA, INC. I 4318412 [)iSlnC[ [:our Right o1' Way EXHIBIT "A" LEGAL DESCRIPTION Being o portion of the Northwest one-quarter (N.W.I/4) of Section 21. Township 45 South. Range 43 East. lying in Palm Beach County. Florida, being more particularly described os follows: Commencing at a found PK nail and disc marking the Southwest corner of the Southwest one-quarter (S.W.I/4) of Section 21, Township 45 South, Range 43 East: thence North 01°36'31'' West along the West line of said Southwest one-quarter (S.W.I/4), a distance of 2630.07 feet to the Northwest corner of said Southwest one-quarter (S.W.I/4); thence South 89°36'40'' East along the North line of said Southwest one-quarter (S.W.I/4). a distance of 433.90 feet to a point on the Baseline of Survey for State Road 9 [I-95) as shown on the Florida Deportment of Transportation Right of Way Mop Section No. 93220-2412: thence continue South 89°36'40'' East along the North line of said Southwest one-quarter [S.W.I/4). a distance of 71.84 feet to a point on the existing Easterly Limited Access Right of Way line for State Road 9 (I-95) of said Florida Department of Transportation Right of Way Map; thence North 00°56'36'' West along said existing Easterly Limited Access Right of Way line, a distance of 18.56 feet to a point; thence North 04°24'04'' East along said exlsting Easterly Limited Access Rlght of Way line. a distance of 462.63 feet to a point; thence North 12°09'56'' East along said existing Easterly Limited Access Rlght of Way line, a distance of 48.T9 to the POINT OF BEGINNING; thence continue North 12°O9'56'' East along said existing Easterly Llmited Access Right of Way line, a distance of 135.58 feet; thence departing said existing Easterly Limlted Access Rlght of Way lime at a right angle North 77°50'04" West, a distance of 3.00 feet; thence North 12°09'56'' East at a right angle to the last described course, a distance of II.OO feet to a point; thence North 78°32'17'' East, a dlstance of 3.27 feet to a point on said exlsting Easterly Llmited Access Right of Way line; thence contlnue North ?B°32'17'' East along said existing Easterly Llmited Access Right of Way line. o distance of 66.94 feet to a point on a non- tangent curve concave to the East, having a chord bearing of South 03°50'31'' West, radial to said point bears North 85°20'07'' West, said point also being the existing Westerly Right of Way line for Woodland Avenue os shown on said Florida Department of Tromsportotion Right of Way Mop; thence Southwesterly along the arc of sold curve having o radius of 5529.65 feet, through a central angle of 01°38'44''. and an arc dlstanae of 158.80 feet to o point of Intersection with the prolongation of the aenterllne of o 50,00 foot wide platted right of way for Northwest 12th Avenue, Cherry Hills, according to the plat thereof, as recorded in Plat Book 4 at Page 58 of said Public Records: thence North 89°37'12'' West along the prolongation of sald centerllne, a distance of 86.13 feet to the POINT OF BEGINNING. Containing 11,335 square feet (0.260 acres), more OF less. NOT 4, SURVEY PARCEL 88 (PART FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING STATE OF FLORIDA RIGHT OF WAY PARCEL SKETCH DEPARTMENT OF TRANSPORTATION DISTRICT FOUR TATE ROAD NO.9 (I-95) PALM BEACH COUNTY RIGHT OF WAY MAPPINO FORT LAUDERDALE. FLORIDA 33309 FINAL N~AHJO 2 08 02 / ,t,ts,o. I ~; ISECTION 93220-2412 I / ' ~t~nt o~ ~nnspo~at~on / xSucvey xWO I 82 - 01 _PS 8 · DGN DistHct Four Right o~W~y EXHIBIT "A" LEGAL DESCRIPTION (Continued) I hereby certify that to the best of my Knowledge and belief the attached legal description of Parcel Is) No. 88 (PART), os shown on +he Right-of-Way Parcel Sketch for State Road 9 ([-95) Section No. 93220-2412 fs true, accurate and was prepared under my direction. [ further certify that said legal description rs in compl lance with the Minimum Technical Standards os set forth by the Florida Board of Professional Surveyors and Mappers pursuant to Sectlon 472.027 Florida Statutes. (~ohn H. A~le¢ I'lI~ P.S.M, Iorido Professional Surveyor and Mapper No. 4693 Oreenhorne ~ O'Moro, inc, 7OI Northpoln+ P~rk~y. Suite 100 West Palm Beqrh/ F~rldo 33407 D~,~, ~/~/~ ~. NOT A SURVEY PARCEL 88 (PART) FLORIDA DEPART~NT OF TRANSPORTATION STATE OF FLORIDA RIOHT OF WAY PARCEL SKETCH DEPARTMENT OF TRANSPORTATION DISTRICT FOUR STATE ROAD N0.9 (I-95) PALM BEACH COUNTY 3400 WEST COMMERCIAL BLVD. (954)777-4550 r~.*~ .*.~o z-o~-oz - - F.P. NO. N/A SHEET 3 0F 5 .Erasco. .~ o*~ SECTION 93220-2412 ur v e y kWO ~ 82 - 0 I _ P 88. D O N Dis~ct Four ~h~ 34~ W, Com~i~l Boulevard ~? ~, ~6 EXHIBIT "A" ~~-- ,oo o ,oo 200 20 ~z~ N.W. COR.,N.W.~ /4 ! I ~--'----- ' ' ,,, '~ SEC.21- 451 ~ 3 ~ j GRAPHIC SCALE 7 ,-. oo. ~ ~ ~ / ~o~oo~ ~ ~ ~ N 12009'56" E / . ~ 196,68' ~. / ~/rm~ -- N ~ . ~0 - ~ ,~'--m > ~ a , ~¢~, R · 5,529.65' ' . · ~ ~: ~ : ~ , , /~¢i~ C.B..S OI 34 II W ¢ ~ -'~ ~o ¢ ' ~o~ ~25'(P) ~ ,,z ~'~ ~X~ S.L[NE.N.W. I/4 . I ~~ 433.90' ~-- I t ~ N.W. lOTH AVE. __ ~_~_~J~ ~ ' .... ~S AVE. (P) - ( ' ~-J-~24 23 22 2 20 ~ 18KI7~ ~ ~ ~ ~ ~-----J 5 I 6 7 8 9 1~ II ~'~ EX[ST EASTERLY '~ O, L-JN%--I-- --J-- --J .... I_ · ~ 'O-- z J · SECOND ST.(P)o ~/~ L/A R/W L{NE ~ ~ ~__~ .~241~1zzt2~12oii9 {8 ~;.7~___~%~ CURVE CI{~ SURVEY) ~ I__O .J 516171819110 1111~2~--~ .~ D · Ol~O0'O0'' ol i ~l ~ ~ ~ i i ~-, ~ ~3_~ T · 703.09' · ~ ' ~ L · 1.399 ~ ~ THIRD ST. IP) ~ ~ ~ R · 5,729.65' _~ ~ .---.-.--,--,--.-.---.,.---- ~ P.C.STA,813.66,70 ~ , i i ~ t BL~CK~3 ~ ~ I~ p.T.STA.827+65,88 --- . ~_ 2L J-~-~-~L- --gi1--~- ~ ' I~ ~RTH ST. IP) ~ -- Z · -- ................. T---~ x~ ~ ?~ - =~ ~ a '~ o - NOT A SURVEY -- - ~1~ o-. ~ o~ PARCEL 88 (PART) z~/ . .¢_~ o ot i LEGEND SEE SHEET AND I FOR NOTES .~ -- 2o~ ~, .i~~. ~.<~ .t ,,o., o..,~ ~_~~¢7[-¢ RIGHT OF WAY PARCEL SKETCH STATE OF FLORIDA STATE ROAD NO.9 (I'95) PALM BEACH COUNTY DEPARTMENT OF TRANSPORTATION ,~ o.,[ .,,,~,~ . / ~ ~). ~'~ DISTRICT FOUR P.E~,u .,.,,,o 2-os-o2,~/~_ RIOHT OF WAY MAPPINO '_ - 3400 WEST COMMERC 1 AL BLVD. r~.*~ .*.*.~o ~-os-o~r .~.~-o~-~*~ ~..~ ' FORT LAUDERDALE, FLORIDA 33309 c.[c~[o TRUON6 2-OS-O2 F,P. NO, N/A SHEET 4 OF 5 .~v,s,o. a~ o,r[ SECT[ON 93220-24 I 2 5: ~Su~v e y kWO I 82 - 01 _P 88 · DON Distric~ Four Ri~ of Wsy 34~ W, Cometic1 Boulevard m I UNAHHIC SCALE ,~-- ~ j _ FD,PK NAIL 8 DISC ~ MInT A CHDU~V AT ~ INTERSECTION ~ PARCEL 88 N.~.STH ST. 8 SEE SHEET I FOR LEGEND ANO NOTES N.~.IOTH AVE. ~ON I/4 SEC.LINE) FLORIDA OEPART~ENT OF TRANSPORTATION ~IGMT OF ~AY ~PPING DETAIL 'A' RIGHT OF ~AY PARCEL SKETCH STATE OF FLORIDA STATE RO~D NO.g I I-gS) PAL~ BEACH COUNTY DEPARTMENT OF TRANSPORTATION ~,~ RIGHT OF WAY MAPPING p n~Lmu .*n,N JO ~-o,-o2 ~~~E~/ 3400 WEST COMMERCIAL BLVD. rm.*~ .*.~.ao ~-o,-o2 __ _L_ _~__ FORT LAUDERDALE, FLORIDA 33309 c.[c~D ~.u~o 2-o,-o~ oms~.~,o~*, ( 954 )777-4550 ~.s ..~p~.~ e~ F.P. NO. N/A SHEET 5 OF 5 .zv~s,o. s~ o*r~ SECT[ON 93220-2412 S: N, SuFv~y NWO 182 - 0 ] _P88 · ~0N Dis~Hc~Four Ri~h~ofWny 14~ W. Cnm~rcinl Bnulevnrd COUNTY: Palm Beach SECTION: 9322-202 (93220-2412) STATE ROAD: 9 (I-95) PARCEL NO: Part Parcels 40, 82, 88, 89 & 156 LEASE AGREEMENT AGREEMENT, made this ~ day of ~ , THIS 19 ~$ , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the "Lessor" and the CITY OF BOYNTON BEACH, P.O. Box 310, Boynton Beach, Florida 33435, hereinafter called the "Lessee". W I TN E S SETH : WHEREAS, the Lessee is prepared to assume from the Lessor full responsibility for operation and maintenance of the hereinafter described Lessor property for public park purposes, to the advantage of both parties and the public. NOW, THEREFORE, in consideration of the premises the parties agree as follows: 1. The Lessor does hereby lease to the Lessee the property described in Exhibit "A", attached hereto and made a part hereof, until such time as this Agreement is terminated in accordance with the provisions herein. 2. The Lessee shall use the property exclusively for public park purposes and if at any time such use should cease, this Agreement shall terminate upon formal notice in writing from the Lessor to the Lessee of such termination. The obligations of the Lessee under this Agreement shall continue in effect until the date specified in said termination notice. constructing or placing any improvement on the leased land. Upon termination of this lease for any reason all improvements placed upon the premises by the Lessee shall be removed and the property restored as nearly as practical to its present condition at no cost to the Lessor. PAL~4 OFF BEACH RE',: Z 9 Z 5 PAgE 1 3 ZI - 4. The Lessee shall indemnify, defend, save and hold harmless the Lessor from any damages, claims, demands, suits and liabilities Of any nature arising out of, because of, or due to any accident, happening or occurrence on the leased property. 5. The Lessee shall not assign this lease or sublet any portion of the leased property and in no event shall permit any commercial use. The term "commercial use" as here employed specifically includes advertising signs. 6. If the Lessor at any time shall have need for any part of the leased property for transportation purposes, Lessor may terminate this Lease as to such part on 60 days notice to the Lessee. .Upon notice of termination, Lessee shall immediately remove at the Lessee's expense any improvements placed by the Lessee within the area needed for transportation purposes and shall restore the land to its original condition. 7. Lessee's interest in the leased land is subject to existing rights of third parties for the operation and maintenance of utility facilities. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. presents to be executed, the day and year first above written. AppF-f.' ~[ AS 7~ FiShy%. L~ALIT¥ ANC' ~X~2CUTION STATE OF FLORIDA DEPART~NT 8~: BY ATTEST: CITY OF BO~TON BEACh, FLORIDA BY:~ TITLE:' ,/ 'Ci~ M~ag~r "{ TLE: ' P;1L)4 OFF L~ - " ':' IN WITNESS WHEREOF, I hereunto set my hand and official · ,-? ;'.i',-.~ ~ ~ >; ,, -, - ~"'."'~ .. ..... . ~'~/ ,. Notary Public -:';:'-.: .. ..""' . ,.',-'!. '~:':-: ~-'-'?-.i ,:.~" ,i ..... .."" . ~':'" ~,,"-'~ "; L .... .' .~... ~l~farv ~u! ~'r. ~'.~f-~ oF ~r;de a? tc,~c...'.-'- ...-.~ . [ .*.~ .- ~d by ~lrican fire & Cas~l~ C&: ' ~ :~'.... · A ~rcel of l~d in ~ction 21, ~hip 45 ~u~, ~ge 43 ~st, State of Florida nDre pa~i~ly descr~ as follow: ' Co~nc~g at ~e inters~tion of ~e ~u~ line of said ~ction 21 and ~e c~t~ l~e of ~ns~ction of S~e ~ad 1-95 at s~tion 786 + 57.88 as s~ on ~e right, f-way ~p of ~e S~te ~ad ~~t of ~e S~te of Flori~, S~on 93220-2412. ~ce ~r~h 3© 16' 19" %~st along s~d c~t~ l~e 711.13 f~t to s~on 793 + 69.01 ~ence Sou~ 86© 43' 41" Lns~ 262.81 f~t to a ~int on ~e ~st right, f-way line of said State F~ad 1-95 ~ ~e POI~ OF 1. Th~ce ~r~ 1© 31' 31" ~'~st ~ong said ~st right~f~y line 622.07 feet ~ a State ~ad ~~t concrete ~n~t, ~h~ce ~n~ng on ~e afor~tion~ ~urse 611.74 f~t to a S~te ~d ~' _ ~ncrete ~n~t, ~ce ~nt~ng on ~ s~ afor~on~ ~se ~,~/~~ feet to a ~t of c~t~e. 2. Thence on a ~e to ~e right ~se ra~ is 5529.65 feet, ~ugh a c~al ~gle of ~ ~' 5~" ~ ~c dis~ce of ~.77 f~t ~ a ~int on said ~e. Said ~t ~ing 200 f~t ~s~rlv f~m ~e ~e line s~ey s~tion 819 + 85.68 ~ ~s~ along a radial 1~ as sh~ on said S~te right~f~ay ~p. 3. ~ce ~u~ 7~ 32' 17" ~t along ~ l~t~ access f~ce l~e a ~s~ce of 66.94 f~t to a ~t, ~ing 140-f~t e~t~ly fr~ ~e c~ter l~e of ~~ion s~tion 820 + 00 ~ s~ on said right- of-way ~ ~d ~as~ ~ong a ra~al l~e. 4. ~ce ~u~ 1~ 09' 56" W~t along s~d f~ l~e a ~s~ce of 196.68 f~t to a ~t ~ing 140 f~t e~terly fr~ said c~ter l~e of stauion 818 + 00 as ~as~ ~ong a ra~al l~e. 5. '!h~ce ~u~ 4© 25' 04" ~st along said f~ line a dis~ce of 462.63 f~ ~ a ~t ~ing 165.04 f~t ~terly fr~ said c~ l~e at station 813 + 18.51 ~ ~~ along a radi~ l~e. 6. ~ce ~u~ ~ 56' 36" ~t along s~d f~ l~e a dis~ce of 455.80 f~t ~ a ~t ~g 175 f~t e~terly fr~ said c~ter line at s~on 808 + 41.29; ~d sta~on ~g list~ ~ a ~int of c~at~e. 7. ~ ~u~ 4© 20' 03" ~st along said fence l~e a ~st~ce of 431.35 feet ~ a ~int ~g 183 f~t ~sterlv fr~ said c~ter l~e at sta~on 804 + 10.01 as ~~ an right ~gle~. 8. T~nce ~u~ 6© 02' 35" ~st along said f~ce l~e a dist~ce of 546.11 feet to a ~int ~ing 209.4 f~t ~st~ly fr~ said ~ter l~e at s~tion 798 + 64.54 as ~as~ at right angl~. 9.~ce ~u~ 9© 25' 28" ~st along said fence l~e a ~s~ce of 498.40 feet ~ ~e ~I~ OF ~I~. ~n~i~g 5.6773 ~r~, ~re or less. VII.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOl v Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Date~ in to Cit~ Clerk's Office Meeting Dates in to City' Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18,. 2003 Man:h 3, 2003 (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: Ratification of an Agreement between the City of Boynton Beach and the Police Benevolent Association - Lieutenant's Unit for the period from October 1, 2002 through September 30, 2003, and authorization for execution of the document. EXPLANATION: The city's negotiating team and the Police Benevolent Association - Lieutenant's Unit, have been engaged in contract bargaining and have successfully negotiated an agreement which has been ratified unammonsly by the Union. It is now before the Commission for ratification. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: j~~, Department Head's Signatxtre City Manager's Signature City Attorney } Name ] City Atto~eyT~Finance / Human Resources Department S :~BULLETINWORMS'~AGENDA ITEM REQUEST FORM. DOC RESOLUTION R02- A RESOLUTION 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 - LIEUTENANT'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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the Police Benevolent Association - iPBA) Lieutenant's Unit have successfully concluded negotiations for a one year contract; and WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; and 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) - Lieutenant's Unit for the period from October l, 2002 :hrough September 30, 2003, and authorizing and directing the Mayor and City Clerk to ,~xecute the Agreement, which is attached hereto. Section 2. This Resolution will become effective immediately upon passage. ;: ,C A~J~SO~Agteemen~',BBP D~B A- Lm Agr. doc PASSED AND ADOPTED this __ day of December, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner T: Clerk (Corporate Seal) ;:\CALRESO~A~ecmen~BBPD~BA- Lts Agr. doc AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND POLICE LIEUTENANTS POLICE BENEVOLENT ASSOCIATION October 1, 2002 - September 30, 2003 FCPPBA CITY S:\CA\Collec~ive Bargaining\~BA-L~s. 2002\cba\Draft CBA 2002-03.doc TABLE OF CONTENTS )a'ticle Pa~e Preamble ..................................... ! ! Recognition .................................. 2 2 No Strike or Lock-Out ........................ 3 3 Non Discrimination ........................... 5 4 Dues Deduction ............................... 6 5 Union Time Pool .............................. 7 6 FO?PBA Representation ........................... 8 7 Bulletin Boards .............................. t0 8 Information Requests ......................... 1 ! 9 Rights of Lieutenants Under Investigation .... l 2 10 Legal Benefit ............................... 13 l ! Management Rights ............................ 14 12 Discipline and Discharge ..................... 16 13 Subcontracting ............................... 17 ! 4 Rate of Pay .................................. 18 15 On Duty Injuries ............................. 19 16 Call Back Pay ................................ 20 17 Court Appearances ............................ 2 l ! 8 Bereavement Leave ............................ 22 ! 9 Sick Leave ................................... 23 20 Vacation ..................................... 26 21 Holidays ..................................... 29 22 Funeral Expenses ............................. 31 23 Medical Expenses ............................. 32 24 Uniforms ..................................... 34 25 Training ..................................... 35 26 Personnel Records ............................ 36 27 Solicitations ................................ 38 28 Safety and Health ............................ 39 29 Use of City Facilities ....................... 40 30 Hours of Work and Overtime ................... 41 31 Shift Selection .............................. 42 32 Seniority .................................... 43 33 Transfers and Shift Changes .................. 44 34 Group Insurance .............................. 45 35 Tuition Reimbursement ........................ 47 36 Departmental Policies, Rules & Regulations... 49 37 Off Duty Police Employment ................... 50 38 Grievance and Arbitration Procedures ......... 51 FOPPBA CITY S:\CA\Collective Bargaining\PBA-Lts. 2002\cba\Draf~ CBA 2002-03.do¢ 39 Past Practices ............................... 55 4.0 Entire Agreement ............................. 56 4 l Personal Vehicles ............................ 57 42 Promotions ................................... 58 43 Savings Clause ............................... 59 44 Temporary Assignment ......................... 60 45 Chemical Testing ............................. 6 l 46 Management Package ........................... 62 47 Duration of Agreement ........................ 63 Signature .................................... 64 F©?PBA CITY $:\CA\Collective Barga~ning\PBA-Lts. 2002~cba\Draft CBA 2002-03.doc 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 m^..:,~ Po!ice Police Benevolent Association, hereinafter referred to as the "F,4~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 o£resolving disputes involving interpretation or application o£this Agreement; and to set f'onh basic and full agreement between the parties concerning wages, hours, terms and conditions of employment. ~ .~. PBA CITY S:\CA\Collective Bargaining\PBA-Lts. 2002\cba\Draft CBA 2002-03.doc -2- ,ARTICLE 1 RECOGNITION Section 1. The City of Boynton Beach hereby recognizes the F©PPBA- 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. Section 2. The bargaining unit for which this recognition is accorded is as defined in the certification granted by the Public Employees Relations Commission and comprises all full-time police lieutenants, except those lieutenants assigned as the public information officer with the City of Boynton Beach. Excluded are all other employees of the City. FOPPBA CITY $:\CA\Collective Bargaining\PBA-Lt$, 2002\cba\Draft CBA 2002-03.doc -2- ARTICLE 2 NO STRIKE OR LOCK-OUT Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of Lieutenants from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in pan by any group of Lieutenants 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, agent 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 Lieutenant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bringing 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 others responsible 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 the event of breach of this Article or the law by other employees violating this ?OPPBA CITY S:\CA\Collec~ive Bargaining\PBA-L~s. 2002\¢ba\Draft CBA 2002-03 .doc -4- Article or the taw to return to work, and to disavow the strike publicly. Section 4. Any or all Lieutenants who violate any provisions of the law prohibiting strikes 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 38 Grievance and Arbitration Procedures. FCPPBA CITY I $:\CA\Collect~ve Bargaining\PBA-Lts. 2002\cba\Draft CBA 2002-03.doc -5- ARTICLE 3 NON-DISCRIMINATION Section 1. It is agreed that no employee shall be discriminated against, as prescribed by State or Federal laws, in their employment because of race, creed, color, sex, age, national origin, marital status, physical handicap or membership or non-membership in the Union. 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 this Agreement. shall not discriminate against any bargaining umt member who fails to join the Section 3. The Union Union. Section 4. 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. 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. , ..,, PBA CITY I $:\CA\Collec~ive Bargaining\~BA-n~s. 2002\cba\Draf~ CBA 2002-03.do¢ -6- ,~TICLE 4 DUES DEDUCTION Section l. 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 or designee 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. FOPPBA CITY S:\CA\Collective Bargaining\PBA-Lts. 2002\cba\Draft CBA 2002-03.doc -7- ARTICLE 5 UNION TIME POOL Section 1. The City shall create a time pool of ninety-six (96) hours for utilization by designated union representatives for the conduct of union business within and outside of the City. The use of the time pool shall be limited to activity by the union representatives for the following: A. to assist a bargaining unit member who is required to appear at a hearing related to a grievance; B. to assist a bargaining unit member who is presenting or responding to a grievance; C. to assist a bargaining unit member who is subject to interrogation in conjunction with an internal affairs investigation; and D. to assist a bargaining unit member at a pre-determination hearing. E. Unit members must use time pool if 15 minutes or more is required. Section 2. In addition, members of the bargaining unit may donate vacation time in two (2) hour increments, (on a form designated by the City) not to exceed eight (8) hours each per year to the Union Time Pool. Section 3. Union representatives shall be released from duty upon reasonable notice to the Department and upon the approval of the division commander. 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. FC?PBA CITY S:\CA\Collective Bargaining\PBA-Lts. 2002\cba\Draft CBA -8- ARTICLE 6 FOPPBA- REPRESENTATION Section 1. Neither party in negotiations shall have any control over the selection of the negotiating or bargaining representatives of the other party. The parties shall, at their first bargaining session, exchange a list of bargaining team members. Section 2. The City shall recognize up to two (2) F4D.laPBA-.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. The City shall not be required to provide overtime to any employee attending negotiations. Section 3. The parties agree that the FOtaPBA-.may establish a system of stewards providing for a chief steward and an individual steward on each shift and division represented by the bargaining unit. Stewards on duty shall be permitted reasonable release time with pay upon approval of the division commander for the purpose of processing any individual grievance or assisting employees at investigatory or disciplinary interviews. Section 4. When acting in their capacity as FOtaPBA-.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 from observing the departmental chain of command except for receiving approval of release time with regard to their duty-related activities, notwithstanding their position as an FQ.laPBA-_representative. F©PPBA CITY S:\CA\Collec~ive Bargaining\PBA-Lts. 2002\cba\Draft CBA 2002-03.doc 9 ARTICLE 7 BULLETIN BOARDS Section I. The Union shall be provided with the use of a Lieutenant'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. FC?PBA CITY I S:\CA\Collec~ive Bargaining\PBA-L~s. 2002\cba\Draft CBA 2002-03.doc ARTICLE 8 INFORMATION REQUESTS/REPRODUCTION Section 1. The City agrees to furnish to the Union president or designee, upon request at City cost, documents such as agendas, minutes, financial reports, etc., of the retirement fund, City Commission, and any other body of the City whose activities may impact on terms and conditions of employment of bargaining unit members. Access to any other records shall be governed by Florida Statutes, Chapter 119. FCPPBA CITY I $:\CA\Collec~ive 8argaining\PBA-Lts. 2002\cba\Draft CBA 2002-03.doc ARTICLE 9 RIGHTS OF LIEUTENANTS UNDER INVESTIGATION Section I. The City of Boynton Beach agrees that all fights due Law Enforcement Officers under investigation detailed and granted by the Florida Statutes, Section 112.532, 112.533, 112.534 will be observed and practiced. , v. PBA CITY I S:\CA\Collec~ive Bargaining\PBA-n~s. 2002\cb&\Draf~ CBA 2002-03.doc -12- ARTICLE 10 LEGAL BENEFIT Section i. The City agrees to abide by the provisions of Florida Statutes Sections 111.065, 111.07 and 768.28, in providing a legal defense or reimbursement for legal services to employees charged in criminal or civil actions arising out of the course and scope of their employment; provided, however, that the City shall not be required to pay a judgment when it has been established that the employee was engaged in conduct outside the scope of his/her employment. ?C~PBA CITY S:\CA\Collective Bargaining\PBA-Lts. 2002\cba\Draft CBA 2002-03.doc -13- ARTICLE 11 MANAGEMENT RIGHTS Section l. The Union recognizes that the City has the exclusive right to manage and direct the Police Department. Specifically, but not by way of limitation, the City retains the exclusive right to: A. 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 shif~ to another, or one starting time to another. D. 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. G. 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. I. Mandate physical, medical, and drug and alcohol testing in accordance with law. 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 re,tins and retesting shall be as set forth in Florida Administrative Code and the Drug Free Workplace Policy adopted by the City of Boynton Beach. Random selection shall be by computer generated selection, by an outside entity. 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. ?OPPBA CITY I S:\CA\Collective Bargaining\~BA-r'ts. 2002\cba\Draft CBA 2002-03.do¢ -14- L. Create, alter or disband any units based upon the needs of the Department as determined by the Police Chief. If the City fails to exercise any one or more of the above functions from time to time it shall not be deemed a waiver of the City's fight to exercise any or all of such functions. ,~'~y 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. FCPPBA CITY I S:\CA\Collec~ive Bargaining\~BA-L~s. 2002\cba\Draf~ CBA 2002-03.doc -15- ARTICLE 12 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 said disciplinary action in the manner set forth in Article 3 8 of this Agreement. Section 3. The parties recognize that timeliness of disciplinary action is an essential element of due process. Accordingly, no employee shall be subjected to disciplinary action unless a final disciplinary recommendation is made by the Police Chief within fourteen (14) days of the Chief's determination of the conclusion of the investigation. Section 4. No employee shall be subject to demotion, termination, or a suspension without pay of two days or more without first being afforded the right to a predetermination conference with the City Manager. ~ v. PBA CITY I S:\CA\Collec~ive Bargaining\~BA-L~s. 2002\cba\Draf~ CBA 2002-03.doc ARTICLE 13 SUBCONTRACTING There shall be no subcontracting for the life of this Agreement. FC?PBA CITY I S:\CA\Collec~ve Bargain~ng\PBA-L~s. 2002\cba\Draf~ CBA 2002-03.d0c :LRTICLE 14 I:L~TE OF PAY hour ~ ' ~ ..... = ............................ ~k; Ct ¢k~11 F~~ ~fl~,, ~, .......................... ,~,,~ ~ p;:d "';t~ *~ ........~' ~; .....~'~" Section t. Effective October l, ,00_, each Bar~ainin~ Unit Nlember shalt h~ve his/her base wa~e ~diusted to $75,000. plus S1,000.00 for each completed year of se~'ice in rank as Lieutenant. This is a one time adiustment not subject to increase for ;dditional ~ccmed vein's of se~'ice dufin¢ the te~ of the ~eement. Tl~e adjustment for years m rank is not subject to pro- ration. Section 2. On April 1,2003, e~ch BarCaining Unit member will receive a 3.5% increase in satan, contingent upon a satisf~cto~ perfo~ance evMuation. Section 3. Each BarCainin~ Unit Member shall receive ~ one time lump sum pa~ent of 56,000, payable on ratification by the City of this A~eement. Section 4. Only those BarCainin~ Unit ~embers who ~re employed by the City on the d~te of ratification of this ~eement by the City are eligible for the adiustments set Cobh in Sections 1. . ~. PBA CITY S:,,CA~Collect~ve BargainingXPBA-L~s. 2002~c~a~Draft CBA 2002-03.~cc and 3. F©?PBA CITY S:\CA\Collec~ive Bargaining\PBA-Lts. 2002\cba\Draft CBA 2002-03.doc -'..3- ARTICLE 15 ON-DUTY IN'JURIES 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. After 180 days of disability, the employee shall be examined by a physician selected and compensated by the City to determine the likelihood of recovery. If the medical report indicates a likelihood of recovery, 180 days of additional leave may be granted and shall be made up from the affected employee's unused accrual time on the books. If the affected employee has no time on the books, other employees may donate any accrual time to the affected employee. If the medical report indicates the employee is permanently and totally disabled as a police officer, the City shall be authorized to terminate the employee for physical inability to perform. Section 4. The City shall have no obligation to establish light duty police work for employees disabled in the line of duty, if such work is not operationally or fiscally justifiable. . v. PBA CITY [ S: xCA\Collec~ive Barga~n~ng\PBA-L~s. 2002\cba\Draft CBA 2002-03.doc -20 - ARTICLE 16 CALL-BACK PAY Section I. The Union and City a~ee that each Bargaining Unit member is an exempt status employee under FSLA, not eligible for overtime pawnents. Section 2. Employees will be called back to duty on the basis of seniority in the rank of lieutenant 1' FO?PBA CITY S:',,CA\C~llective @argafni~9\PBA-Lts. 2002\¢b&\Pr&ft CBA -21- ARTICLE 1 ~,' RESERVED ,.~ ....... rcspcnd to coup, ~ .... ;'; ..... ~ S ' FOPPBA CITY $:\CA\Collecuive Bargaining\PBA-Lts. 2002',cba\Draft CBA 2002-03.doc -22 - ARTICLE 18 BEREAVEMENT LEAVE Section I. In the event of the death of the parent, foster parent, sibling, spouse, child, grandparent, grandchild, mother or father-in-taw, sister or brother-in-law, grandparents of spouse or domestic partner ~vhose name must be on file with the Department of Human Resources of the City 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) consecutive calendar 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 out-of-state funeral in order to be eligible for benefits under this Article. The City Manager may grant additional leave under this Section, except that such additional leave shall be debited against the employee's accrued sick or annual leave. ~ v~ PBA CITY I S: ,CAX~Coliec~zve Barga~n~-ng\PBA-L~s. 2002\cba\Draft CBA 2002-03.doc -25 - ARTICLE 19 SICK LEAVE Section I. Employees shall earn ninety-six (96) hours of sick leave per year at the rate ofeight (8) hours per month. The use of sick leave shall be in accordance with the Personnel Policy Manual. Bargaining unit members (or their beneficiaries in case of death) hired prior to October I, 1991 and are regular employees, shall be paid for unused sick leave at the rate of 50% upon resignation, retirement or death. (Retirement shall include normal retirement disability retirement or eartv retirement as defined in the appropriate pension plan). Bargaining unit members hired a~er October l, 1991 and who are regular employees will have payment made for unused sick leave at the rate specified in the table below, upon resigning in good standing, retirement or death: Continuous Years of Service Percent of Accumulated Sick Less than 5 full years 0% More than 5 full years, but less than 10 full years 10% More than 10 full years, but less than 15 full years 15% More than 15 full years, but less than 20 full years 20% Upon retirement from City Service 30% (Retirement shall include normal retirement disability retirement or early retirement as defined in the appropriate Pension Plan.) Bargaining Unit Members who have elected to enter into the D.R.O.P plan shall receive sick leave benefits as set forth in Ordinance 00-33, which established the D.R.O.P plan. F©PPBA CITY $:\CA\Collec~ive Bargaining\PBA-L~$. 2002\cba\Draft CBA 2002-03.doc -24 - Section 2. Employees who have more than one-hundred-twenty (120) hours of sick leave as o f ')ctober I, of any contract year, may convert 50% of the excess over one hundred twenty (l 20) hours to a cash straight time payment not to exceed one hundred (I00) 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 3. It shall be the policy of the City to permit an employee the opportunity to donate accrued sick leave time to a designated employee, provided the contributing employee has 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 designated employee has exhausted all accrued sick leave. 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 submitted to the Payroll Administrator for proper charge to sick leave records. The time charged will be used in the order listed on appropriate form supplied by the Union Steward. Section 4. Sick leave usage for medical appointment can be scheduled more than 48 hours in advance and cannot be changed by the Department except in the event of a clear need by the Department. Section 5. 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 FOPPBA CITY S:\CA\Collective Bargalnlng\gBA-h~s. 2002\cba\Draf~ CBA 2002-03.doc -25 - explain the situation. If after counseling a problem continues, the member ,,,,'ill be notified in writing and placed on restricted sick leave. A member will be on 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, the employee may convert excess sick time as defined in accordance with Section 2 to vacation time not to exceed forty (40) hours, to be transacted in the first month of the calendar year. Section 7. All Bargaining Unit members are eligible to receive one "Bonus Day" for continuous attendance at work at the completion of each calendar quarter that the member has not used sick time during the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in the PPM. Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. Section 8. Those members scheduled to work an 11.5-hour shift who are ~anted sick time, shall only have their sick time accrual charged a maximum of 8-hours for the day. ?CPPBA CITY I S:~,CA\Collec~ve Barga~n~.ng\PBA-Lts. 2002\cba\Draf~ CBA 2002-03.Joc ARTICLE 20 VACATION Section 1. Vacation shall be accrued in accordance with the Personnel Policy Manual, as follows: Years of Service 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 and above 200 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. F©PPBA CITY $:\CA\Collective Bargaining\~BA-L~s. 2002\cba\Draf~ CBA 2002-03.doc -27 - Section 3. Vacation requests may be submitted from tony-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) days or less may be made ~vithin twenty-four (24) hours advance notice, provided that the City incurs no overtime in the granting of such request. Those members scheduled to work an l 1.5-hour shift who are granted vacation, shall only have their vacation accrual charged a maximum of 8-hours for the day. Section 4. Requests for emergency vacation leave shall be individually considered by the Chief of Police. Section 5. Management reserves the right to approve or deny vacation leave based upon the operational needs of the department. Vacation privileges shall not be suspended or canceled except as specifically set forth in this Agreement or in time of declared emergency, as defined in this Agreement. The exercise of management's rights under this Section shall not be arbitrary or capricious. Section 6. All Lieutenants shall receive, in addition to the existing vacation accruals, :~2--_ - 60 hours of personal time per contract year, which may be used in four hour increments (non- accumulative and cannot create an overtime situation). The :7,460 hours of personal time per contract year are not accruable and must be used within each contract year. Those members scheduled to work an I 1.5-hour shift who are granted personal time, shall only have their personal time accrual charged 8-hours for the day, only when personal time is taken FOPPBA CITY S:,,CA\Collective Barga~ning\PBA-L~s. 2002\cha\Draft CBA 2002-03.~0c in 8 hour increments. ~ v~ PBA CITY I S:\CA\Collective Bargaining\PBA-Lts. 2002\cba\Draf~ CBA 2002-03.d0¢ -29 - A_RTIC LE 21 HOLIDAYS Section 1. Holidays will be defined as the below dates: 1. New Year's Day 2. Martin Luther King Jr., Day 3. President's Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day After Thanksgiving 10. Christmas Eve l 1. Christmas Day Members of the Bargaining Unit not assi~ed to road patrol shall not ~vork on Holidays, unless an emergency situation is declared by the City Manager or his/her desi~_nee or in cases where the Chief of Police or on-call StaffDutv Officer determines that the presence of a Lieutenant is required for a specific function or investigation. . ~ PBA CITY S:',CA\Collec',~ve Bargain'-.-.g\PBA-Lts. 2002~,cba~,Draf', CBA 2002-03.doc -30 - ......... -~- C, C T',.I C, ......... ~ GIqC e, r~,. ,.,,.,,,~, ~~"'~' ...... ..,he o~ ....... ,-~,~,l~" d2ys ,,,,~cr ~,,, ~--^' ..... ; .... ,~b.,., thc F©PPBA CITY I $:\CA\C~llecnzve Bargaining\PBA-LCs. 2002\¢ba\Dr&ft GBA ~002-0B.do¢ ARTICLE 22 FU ,'NE R.A.L EXPENSES Section 1. The City will make a reasonable payment, not to exceed S5.000 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 Resources Director or his/her designee, designate by name and address, the individual to whom such funds are to be paid. . v. PBA CITY I S:\CA\Collective Bargaining\PgA-Lts. 2002\cba\Draft CBA 2002-03.doc -32 - ARTICLE 23 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 fi.om Hepatitis, Acquired Immune Deficiency Syndrome (AIDS),' Tuberculosis, Meningococcal Meningitis, or Herpes Simplex I, established to have been occurred in the line of duty shall be covered the same as other duty injury. Section 3. Beginning at the age of 30 and every other year thereat~er, the 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. 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. Section 5. The City shall bear the costs involving lead testing for the Range Instructor(s). FC?PBA CITY I S:~,CA\Collective Bargaining\PBA-Lts. 2002\cba\Draft CBA 2002-03.d0¢ 433 - ARTICLE 24 LWIFOILMS Section 1. The City will supply those parts of the uniform that the City requires police lieutenants to ~vear on duty. The City will supply replacements for the parts of the uniform ,.vhen 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 this Agreement, lieutenants who are members of the bargaining unit and assigned to plain clothes duty will receive a maximum ors 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. The City will replace civilian clothes of lieutenants purchased with the annual allowance when such clothes are damaged in the line of duty. The City will replace civilian clothes to uniformed officers assigned to plain clothes duty when the clothes are damaged in the line of duty. The replacement will require the approval of the Chief of Police. The Lieutenant claiming a replacement will be required to include with his/her claim an explanation of the circumstances of the damage and appropriate reports concerning the incident. This allowance shall commence from the date of assignment on a pro-rate basis. Section 3. Lieutenants assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accordance with the above for the three (3) months and pro-rated thereafter. Section 4. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the FCPPBA CITY $:kCA\Collec~ive Bargaining\PBA-L~s. 2002\cba\Draf~ CBA 2002-03.doc -34- contract year. The City shall designate the only approved dry cleaning establishment in the City. Lieutenants assigned to plain clothes duty will be given a cash cleaning supplement reasonably equivalent to that of the uniformed Lieutenant. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro-rated basis. Section 5. Lieutenants assigned to plain clothes duty for more than three (3) months at a time will, for that three months period, be given a cash cleaning supplement equivalent to that given lieutenants and pro-rated thereafter. These payments for lieutenants assigned to plain clothes duty will substitute for the normal cleaning allowance for lieutenants. FCPPBA CITY I S:\CA\Collec~ve Bargaining\PBA-L~s. 2002\cba\Draft CBA 2002-03.d0¢ -35 - .~d~TICLE 25 TRAINING Section I All training required ~c~,~ ~. ..... ;,,i .... unit ~be o u ' . ..... corn enzate ..................... ~cct~cn 2. The Police Chief will decide on the Department's training prog~ according to his jud~ent of the needs and requirements and potential for each member of the Depa~ment. ~PBA CITY ~ S:\CA\Collecti','e @argaining\PBA-Lts. 2002\cba\Draf~ CBA 2002-03.doc -36 - ARTICLE 26 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 bargaining unit member. No record shall be hidden from a member's inspection and members shall have the fight 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 City employees is maintained by the City Human Resource 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 Record destruction guidelines. Section 5. A 24 hour notice must be given to the bargaining unit member if any person .-C?PBA CITY I $:\CA\Collective Bargaining\~BA-Lt$. 2002\cba\Draft CBA 2002-03.doc -37 requests a copy or review of the members' personnel file. E-mail to the bargaining unit member shall constitute notice. .v~PBA CITY I S:\CA\Collec~ive Barga~ning\PBA-L~s. 2002\cba\Draf~ CBA 2002-03.doc -35 - ARTICLE 27 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. FCPPBA CITY I S:\CA\Collec~ive Bargaining\PBA-Lts. 2002\cba\Draft CBA 2002-03.doc -39- ARTICLE 28 SAFETY AND HEALTH Section 1. The City agrees that it will conform to all State and Federal laws concerning safety, health, sanitation and working conditions, when said laws are specifically applicable to public employees. Section 2. Protective devises, 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. ~ ~ PBA CITY I S:\CA\Collec~ive Bargaining\PBA-Lts. 2002\cba\Draf~ CBA 2002-03.doc -40 - ARTICLE 29 USE OF CITY FACILITIES The F©PPBA shall be entitled to the use of City facilities to conduct Umon business at the same cost assessed to other organizations, and subject to availability. S:x,,CA\Collect[ve Bargaining\PBA-Lgs. 2002\cba\Draft CBA 2002-03.doc .M~,.TICLE 30 HOURS OF WORK AND OVERTEME Section l. Members of this bargainino_ unit are considered exempt status employees under FSLA ligibl fo rtl ,note . e rove mepay Far those t~ ant:,' · eight~,:,a ...... ,~..~ ~..,,4.~4,.,..,~, ,. ~ ............ ~ fc!Io i g ,. A. Vacado:: C. Persona: tim~. Section 2. No ..... u ...t.~.~,,,~ Section 3. No person shall be required to work more than sixteen (l 6), continuous hours 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. , .~. PBA CITY So\CA\Collective Bargainin~\PBA-Lts. 2002\cba\Draft CBA 2002-03.doc -42 - ARTICLE 31 SHIFT SELECTION Section 1. The Department shall have the discretion to determine the number of persons assigned to each shift and division within the Department. The City reserves the right to assign Lieutenants to a particular division within the Police Department. Section 2. The City may designate the number of slots assigned to each shift. Thereatter the employees shall choose slots by seniority. The Department shall have discretion to change the probationary lieutenant for training purposes. The right to select a shift shall not apply to probationary lieutenants. FCPPBA CITY I S:\CA\Collective Bargaining\PBA-Lts. 2002\cba\Draft CBA 2002-03.do¢ -43 - ARTICLE 32 SENIORITY Section l. Seniority shall be computed From the date of promotion. If two (2) lieutenants 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. Section 2. Seniority shall accumulate during all authorized leaves. Section 3. Seniority shall be the determining factor for the selection of vacations and overtime assignments. Section 4. The City shall have the right to determine the number of lieutenants assi~m'~ed 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: ifa police lieutenant's position is to be abolished, the incumbent with the least seniority in the position of lieutenant would displace a Police Sergeant, who would displace a Police Detective, who would displace a Police Officer, wi'to would displace any probationary or provisional or temporary, or be separated as the case may require. · F©SPBA CITY S:\CA\Collectlve Bargaining\PBA-Lts. 2002'~cba\Draf~ CBA 2002-03.doc -44 - ARTICLE 33 TRANSFERS AND SHII:T CHANGES Section 1. No member shall be transferred nor have his&er shift or schedule changed, including days off, without forty-eight (48) hours notice, except in time of emergency, as declared by the Ciw, Manager or his/her designee., Section 2. Members may request to exchange shifts, provided that the exchange is approved. Such approval shall not be unreasonably withheld. The City shall not be obligated to pay overtime to accommodate the exchange. ~=~PBA CITY S:',CA'~Collect~','e Bargaining\PBA-Lt$. 2002\cba\Draf~ CBA 2002-03.doc -45- ARTICLE 3,4 GROUP INSU'RANCE Section l. The City shall provide and pay the premium tbr a Fifty Thousand Dollar f$50,000.00) life insurance policy to all bargaining unit members at no expense to the employee. The policy shall bear a double indemnify provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State or Federal law. Section 2. The City, during the term of this Contract, shall provide and pay for one hundred percent (100%) of the cost of individual coverage in a group health insurance policy for members of the bargaining unit. Section 3. The health and dental insurance coverage currently in effect shall not be substantially reduced through the life of this contract. The selection of a cartier or carriers to provide health and dental insurance coverage is a managerial function reserved solely to the City. The City will use its best efforts to maintain health and dental coverage which is substantially equivalent to the coverage in effect on the date of ratification of this Agreement. The number of available plans may, at the City's option, be changed. Minor reductions in coverage are permissible and do not constitute a unilateral change of benefits under this Collective Bargaining Agreement. In the event the total health and dental insurance benefit package is altered in a manner which increases either a bargaining unit members annual deduction by more than five (5%) percent over the deductible current at time of ratification of this Agreement or an itemized co-payment by more than 25%, the Union may FOPPBA CITY S:\CA',Collec~i'/e Bargaining~PBA-Lts. 2002',_-~a~Draft CBA 2002-03.dcc reopen negotiations of this Article by making written request to the City Manager. ~ ..~ PBA CITY I S:\CA\Collec~i'~e @argaining\~BA-Lt$. 2002\cba\Draf~ CBA 2002-03.do¢ -47 - ARTICLE 35 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 or' documented completion of the course. College an~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 ora course. The City shall reimburse bargaining unit members at 50% of cost for attending and being approved for life experience only at Barry University, Nova University and St. Thomas University, for not more than 30 credits. I.n 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. Section 5. Post-graduate courses authorized under Section 4, shall also be reimbursed based on grades outlined under Section 3. However, reimbursement is limited to a maximum of six (6) credits FCPPBA CITY S: ,CA\Collec~i'~e Bargaining\PBA-L~$. 2002\cba\Draf~ CBA 2002-03.d0c -48 - per semester. For every two (2) reimbursed semesters, the member must remain in the employ of the City for one (I) year. Failure to do so would require the member to payback the City' for the equivalent percentage reimbursement. ~ ,.,, PBA CITY I S:',CA\Collec~:.ve Bargaining\PBA-Ll:s. 2002\cba\Draf~; CBA 2002-03.doc -49- .~RTICLE 36 DEP.~kRTMENTAL POLICIES, RULES AND REGULATIONS Section 1. It is a~eed and understood that the Police Department currently has policies, rules and regulations governing emplo,vrnent. The formulation, amendment, revision and implementation of any rule shall not be arbitrary or capricious. In the event of a conflict between the rules and specific provisions of this Agreement, the Agreement shall control. Section 2. Nothing in this Section shall constitute a waiver of the Union's right to impact bargaining as defined in Chapter 447, Part II, Florida Statutes (the Florida Public Employee's Relations Act). In the event the City wishes to amend, revise or implement any new rule, it shall give ten (10) days notice to the Union. In the event the Union requests impact bargaining due to a rule change, the implementation date shall not be extended and the parties agree to expedite impact bargaining. ~PBA CITY S:~,CA',,Col!ec'.ive Bargalning\PBA-L~s, 2002\cba\Draf~ CBA 2002-03.doc -50- ,-~RTICLE 3'7 OFF-DUTY POLICE EMPLOYMENT Section l. 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 Bo,vnton Beach. Section 2. When City facilities are used by other agencies or persons, any des/red security an'angements shall be at the option o f 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. FOPPBA CITY I S:,,CA\~-~'_,~.ec_--~''.e Baru. aln~ng',PBA-L~s. 2002\cba\Draf~ CBA 2002-03.doc -5i- ARTICLE 38 GRIEVANCE AN-D .ARBITRATION PROCEDURES GRIEVANCE PROCEDURES Section I. 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 are set torth in this Article. Section 3. The parties are committed 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 I st, the Police Chief must respond by January 2 l*t. 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 from January 3r'~ to request appointment of an arbitrator. If the Police Chief fails to respond by January 21st, the Grievant has ten (10) days from January 2 l't to request appointment of an arbitrator. Section 4. A grievance must be filed within ten (I0) days of the first occurrence of the event which give rise to the dispute. Grievances shall be presented in the following manner: Step l. 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. F©PPBA CITY S:\CA\Collective Bargaining\PBA-Lts. 2002\cba\Draft CBA 2002-03.doc -52- Step 2. The immediate supervisor shall review the grievance and make a written recommendation for disposition of the grievance to the Police Chief within ten (10) days of receipt of the g-r/evance. Step 3. The Police Chief shall review the grievance and render a written decision within ten (10) days of receipt of the recommendation from 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. Step ,.1.. 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 ( l 0) days of the date 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 ten (10) days of the submission of the grievance to him/her. 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 o f the City Manager's disposition of the grievance, or the expiration of the time per/od for the City Manager's disposition in the event the City Manager does not render a decision. Step 7. The City and the Union have agreed to establish a panel of arbitrators, consisting of six (6) members, three of which will be selected by the Union and three of which will be selected by the City, who will be selected to serve on a rotating basis. The grievant's request shall commence with a written request for arbitration to the City. Following appointment of an arbitrator, Arbitration shall proceed as set forth in this Article. If a panel has not been agreed to by City and union, the grievant's request shall commence with a written request to 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 Article. F©PPBA CITY S: ,,CA\Coliec~ive Bargalnlng\PBA-L~$. 2002\cba\Draft CBA 2002-03.doc -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. [~'arbitrability is raised l~y 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 hearing on the grievance itself. If the City raises the question ofarbitrability 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 Union 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 no event may the City seek a determination ofarbitrability by both the arbitrator and the Circuit Court. In the event of a court action by the City, the =m'ievance/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 hearing once set, the requesting party shall pay any fee charged by the arbitrator for resetting the hearing. 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 from, or otherwise alter or supplement this agreement or any part thereof in order to resolve a grievance. The arbitrator may not issue declaratory opinions and shall confine himseltS'herselfexclusively 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 hearing or submission of post hearing briefs, whichever occurs last. F©?PBA CITY I S:\CA\Collec~ive Bargalning\PBA-L~s. 2002'xcba\Draft CBA 2002-03.doc -54 - 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 by appeal 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 parties. 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. Ifa 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 City 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 City Manager shall conduct an investigation of the discipline and render a decision within twenty (20) days of the appeal. The City Manager's decision may be to either sustain, reverse, or modify the discipline. In no event shall the City Manager's decision increase the discipline to more than a suspension without pay of two days. The City Manager may conduct interviews with the grievant, depaninental staff, or members of the bargaining unit as part of his/her investigation of the discipline. F©PPBA CITY S~,CA'~Collec"-~ve Bargaln~ng\PBA-Lts. 2002\cba\Draft CBA 2002-03 .doc ARTICLE 39 PAST PRACTICES All emplo.vment practices listed below shall remain in effect: A. Lockers. B. Locker room shower, gym. C. Shoes every six (6) months. D. Provide weapons, equipment, gear appropriate to assigm-nent. E. Bullet proof vests. F. Jackets, raincoat, boots. G. Desk space, office supplies. H. Approved and required travel expenses. I. Use of City vehicles for court when available. J. Three (3) complete uniforms per year. as needed. FOPPBA CITY I S:',CA\Col!ective Bargaining\PBA-Lts. 2002\cLa\Draf~ CBA 2002-03.doc ARTICLE 40 RESERVED ?©?PBA CITY S:\CA\Collec~ive Barga~ning\PBA-LCs, 2002\cba\Draft CBA ,,kR. TICLE 41 PERSONAL and DEPARTMENTAL 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 hearings, conferences with City officials, schools and seminars. Section 3. Bargaining Unit members shall be assigned City vehicles for use on and offduty. Section 4. If a Bargaining Unit member is not involved in a "Chargeable" accident for 12 months, the member will get a bonus on their anniversary equivalent to one (l) day's pay. F©PPBA CITY I S: ,,CA\Collective Bargaining\PBA-Lts. 2002\cDa\Draft CBA 2002-03.doc -58- ARTICLE 42 PROMOTIONS Section 1. All bargaining unit members are eligible for appointment to the next highest rank in the department. Criteria for evaluation and appointment shall be established by the Police Chief with the assistance of the Human Resources Department. All promotional opportunities will be posted for a period of thirty (30) days before closing. FCPPBA CITY I S:'.,CA\Collect~ve Bargaining\PBA-L~s. 2002\cba\Draft CBA 2002-03.doc -59- 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. There is no past practice regarding wages, benefits or conditions of employment that is binding on the parties except as set forth in this collective bargaining agreement. Neither the City's Civil Service Rules and Regulations, nor the City's Personnel Policy Manual have application to collective bargaining unit members. FO?PBA CITY I S:~CA\Collec~zve Bargaining\~BA-L~s. 2002\cba\Draf~ CBA 2002-03.doc -60- 'ARTICLE 44 TEMPORARY ASSIGNMENT Section 1. Lieutenants acting in the capacity of Senior Staff Officer shall be paid five percent (5°,,/0) above the Lieutenant's regular rate of pay during the time assigned as Senior Staff Officer. Section 2. The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including details. F©?PBA CITY I S:",CA\Col!ec~ive Barga~nlng\~BA-Lts. 2002\cba\Draft CBA 2002-03.doc ARTICLE 45 CHEMICAL TESTING Section I. Drug and alcohol testing may be conducted on either a reasonable suspicion basis or at random. Standards for testing and retesting will be as set forth in Florida Statues, Florida Administrative Code and the City's Drug Free Workplace Policy. FO?PBA CITY i S:\CA\Collective Bargainxng\~BA-Lts. 2002\cba\Draft CBA 2002-03.doc -62 - A D"i'T~"'T '~' I~ ARTICLE 46 ENTRE AGREEMENT Yhe pamies a~ee tha~ ~his Agreemen[ constitutes ~he ~ll ~d comple~ unde~din2 or,he p~nies. This a~reemen~ can no~ be chan~ed or altered unless by mutual written a~eemen~. . v. PBA CITY I S:',,CA\Collecrive Bargaining\PBA-L~s. 2002\cba\Draft CBA 2002-03.doc -63 - ARTICLE 47 DURATION OF AGREEMENT Section I. This agreement shall become effective on ratification and shall continue in full force and effect up through and including September 30, _a-004-2003..x,ratwith.ztanding the effecti','e date ag .~ ~-^..,~ ~t. ..... t. ......... ~-~c~,..,c,~.~ 1 2990 ............................. : ............... agreement are ........ ;"~ tc r~.,^~.~. FOPPBA CITY S:\CA\Colleccive Bargaining\PBA-L~s. 2002\cba\Draf= CBA 2002-03.doc -64- Agreed to this day of ,19 , by and between the respective parties through the authorized representatives of the Union and the City. POLICE LIEUTENANTS BENEVOLENT ASSOCIATION BY: Witness --Joe-tzak~ Staff Representative Witness CITY OF BOYNTON BEACH : BY: Witness Mayor ATTEST: Witness City Clerk APPROVED AS TO FORM AND CORRECTNESS: City Attorney City Manager Ratified by City Commission Ratified by Union Members Date Date ?CPPBA CITY S:\CA\Collective Bargaining\~BA-LCs. 2002\cba\DrafC CBA 2002-03.doc VII.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEAC! AGENDA ITEM REQUEST FOtcv 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 Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] Febma~ 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January21,2003 January6,2003 (Noon.) [] March lS,. 2003 March 3, 2003 (Noon) ,~_ [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Un£mishedBasiness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve Change Order #1 to PO #20184 issued to Trio Development Corporation in the amount of $30,410.00 for additional services required during the lift station rehabilitation of lift stations 601, 604, 606 and 901 based on Bid #094-2821-01/CJD. EXPLANATION: The additional services are primarily related to additional excavation requirements, high ground water levels and bypass pumping that resulted from delays associated to the new Florida Power & Light electrical services. Those additional costs are based on unit prices in our current contract, and Utilities Department staff has reviewed and concur with the request. Trio Development Corporation was awarded Bid g094-2821-01/CJD in November 2000 for unit price line items to accomplish lift station rehabilitation. Purchase Order #20184 was issued October 2, 2001, for the second set of lift stations to be rehabilitated. PROGRAM IMPACT: The additional equipment and labor cost were necessary for the final completion of the lift station involved. FISCAL IMPACT: Funds are available in account g405-5000-590-96.04, SWR081, as part of our on-going R&R of the can type pump stations within our wastewater system. ALTERNATIVES: No other practical options were available during the rehabilitation process. It is a very disruptive process and requires the ability to make adjustments and modifications as they are identified to minimize the effect on -'- '---~ - Department Heart s Signature - Ci~ Manager's Signature Utilities Department Department Name , / City A~ey / Finance / Human Resources Xc: Dale Sugerman Mark Law Barb Conboy S:~BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1, TO TRIO DEVELOPMENT CORPORATION IN THE AMOUNT OF $30,410 FOR ADDITIONAL SERVICES REQUIRED DURING THE LIFT STATION REHABILITATION, BASED ON BID #094-2821-01/CJD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission upon recommendation from staff, deems it appropriate to approve this change order, which is primarily related to additional excavation requirements, high ground water levels and bypass pumping associated to the new Florida Power & Light electrical services;. NOW, TIIEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF TI-IE CITY OF BOYNTON BEACII, FLORIDA, TIlAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager and City Clerk to approve and execute Change Order no. 1 for Trio Development Corporation in the amount of $30,410 for additional services required during the lift station rehabilitation of lift stations, based on Bid #094-2821-01/CJI).. Section 2. This Resolution shall become effective immediately upon passage. ~:\CA~RESO~Agreements\Change Orders\Change Orders - Trio Dev - Lift StalJon$.doc PASSED AND ADOPTED this ~ day of December, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner t Clerk Commissioner (Corporate Seal) ~:\CA\RESO~Agreements\Char~ge Order\Change Orcle~s · Trio Der - Lift Stationsxloc Trio Development Corporation 1701 N. W. 22nd Court Pompano Beach, FL 33069 (954) 971-2288 Page 1 OF ] ** IN'VOICE ** SOLD CITY OF BOYNTON BEACH SHIP 0135-BOYNTON BCH 601,604,606,901 TO UTILITIES DEPARTMENT TO CONTRACT $348,946.50 124 E WOOLBRIGHT ROAD PO #020184 BOYNTON BEACH, FL 33425 Customer Account: CITYBOYNTO Invoice Date: 10/07/02 Salesperson: ID: 000 Invoice Number: 3141 Purchase Order #: 1 Work Order: Payment Terms: CODE DESCRIPTION QUANTITY UNIT PRICE EXT. PRICE INVC ADDL WK TO SPECS 1.000 30,410.00 30,410.00 Subtotal: 30,410.00 Tax: 0.00 Grand Total: 30,410.00 ** COMMENTS ** RE: PO# 020184, LIFT STATION CAN REHAB PROJECT #094-2821-00 CJD ADDITIONAL WORK TO ORIGINAL SPECIFICATIONS ~ ~ CONTFIACT' MODIFICATION CH2JUIHILL r~ CHANGE ORDER r~ WRFr'T~, AMENDMENT MonlFICATIC)N NOI~ _ TO CONTRACTOR: j:;/~rio Development Corporation PROJECT:' pROJECTNO; 094_2821_00 CJD Lif_t. Station Can, ".:R. ehabs __ _ i P.O.# 0201 84 OWNER: City of Boynton Beach .. ENGINEER: ' CH2M HILL ! . Demolition work, ~dditional by-passing and excavation. Additional work t~o original specifications. Summary sheets, ~ift stations 601, 604, 606 and 901. · ~-'--____~c~ A ' ~._~ r~.. mount or Price ! -- ' 3 60 Oay~ Orl~nm $ 348,9 ~ 6.50 ~ DumUo, _ : ' p~ C~a~ P~ Co~ : ~Uon(~) - 0- (~~l 30,4 i 0.00. (k~) - 360 R~ ~mm~ ~nt $ 379, ~ 56.50 ~ Comm~ ~ ~ 9-30-02 ~. O~: O~: · . - ' CITY OF BOYNTON BEACH LIFT STATION # 601 Bid No. 094-2821-00/CJD ITEM UNIT UNIT COST QUANITY EXTENDED COST I Trench Safety System (5 to 7 Feet) LF 2.00~ 80.00 160.00 2 Trench Safety System (7 to 10 Feet) LF 4.00 0.00 3. Trench Safety System (10 Feet +) 'LF 4.00 0.00 4 Concrete Sidewalk Repair (0 to 20 SF) SF 20.001 0.00 51 Concrete Sidewalk Repair (20+ SF) SF 10.00 0.00 0.00 6 !Asphalt Repair (0 to 100 SF) SF 5.00 0.00 7 ! Asphalt Repair (100+ SF) SF 4.00 0.00 0.00 8 '~ Sod Repair SY 3.00 0.00 91 Pump Installation (0 to 9 HP) EA-ST 800.00 0.00 0.00 10 Pump Installation (10 to 15 HP) EA-ST 1000.00 0.00t 11 Pump Installation (16 to 25 HP) EA-ST 1200.00 0.00 0.00 12 Bypass Pumping (5 HP) DY 300.00 7.00~ 2100.00, 13 Bypass Pumping (10 HP) DY 350.00 ! 0.00 14 ! Bypass Pumping (25 HP) DY 400.00 0.001 0.00 151 Excavation (0 to 5 Feet Deep) CY 110.00 46.00' 5060.00 16 i Excavation (5 to 10 Feet Deep) CY 125.00 2.00 250.00 17 Excavation (10 to 15 Feet Deep) CY 200.00 0.00 0.00 ~, 18 Pipe installation (4-tnch Diameter) LF 100.00 0.00 0.00 ' 19 Pipe Installation (6-Inch Diameter) LF 110.00 0.00 20 Pipe Installation (8-Inch Diameter) LF 120.00 0.00 0.00 i 21 Concrete Structure Improvements, . Lid Replacement EA-ST 5000.00 0.00 0.00 ~ 22 !Concrete Structure Improvements, : : Tube Replacement LF 3350.00 0.00 0.00 23 Remove/Reinstall- Chain Link Fence LF 25.00 0.00 i 2, Remove/Reinstall- Wood Fence LF 35.00 0.00 ; Miscellaneous Materials LS ~ ,,.,,0 'Electrical Subcontract LS 0.00 Total of Bid Items $7,570.00 CITY OF BOYNTON BEACH LIFT STATION # 604 Bid No. 094-2821-00ICJD I ITEM UNIT UNIT COST QUANITY EXTENDED i i COST i 1 I Trench Safety System (5 to 7 Feet) LF 2.001 80.00 160.00 ' 2 Trench Safety System (7 to 10 Feet) LF 4.00 0.00 ' 3 Trench Safety System (10 Feet +) LF 4.00 0.00 4 Concrete Sidewalk Repair (0 to 20 SF) SF 20.00 0.00 , 5, Concrete Sidewalk Repair (20+ SF) SF 10.00 0.00, 0.00 I 6 Asphalt Repair (0 to 100 SF) SF 5.00 , 0.00 7 Asphalt Repair (100+ SF) SF 4.00 0.00 8 Sod Repair , SY 3.00 0.00 9 Pump Installation (0 to 9 HP) EA-ST 800.00 0.00 , 10 Pump Installation (10 to 15 HP) EA-ST 1000.00 0.00 0.00 11 Pump Installation (16 to 25 HP) EA-ST 1200.00 0.00 I 12 Bypass Pumping (5 HI:') DY 300.00 10.00 3000.00 13 Bypass Pumping (10 HP) DY 350.00 0.00 0.00 14 Bypass Pumping (25 HP) DY 400.00! 0.00 15 Excavation (0 to 5 Feet Deep) CY 110.00 40.00 4400.00 ~ 16 Excavation (5 to 10 Feet Deep) CY 125.00 0.00 0.00 17 Excavation (10 to 15 Feet Deep) CY 200.00 0.00 0.00 i 18 Pipe Installation (4-Inch Diameter) LF 100.00 0.00 0.00 ~ 19 Pipe Installation (6-Inch Diameter) LF 110.00 0.00 i 20 Pipe Installation (8-Inch Diameter) LF 120.00 0.00 21 Concrete Structure Improvements, Lid Replacement EA-ST 5000.00 0.00 0.00 22 Concrete Structure Improvements, Tube Replacement LF 3350.00! 0.00 0.00 23 Remove/Reinstall - Chain Link Fence LF 25.00' 0.00 0.00 24 Remove/Reinstall - Wood Fence LF 35.00 i 0.00 ' i Misce!laneous. Materials LS ' ~ 0.00' ' Electrical Subcontract LS , ~ 0.001 ~ Total of Bid Items i $7,560.001 CITY OF BOYNTON BEACH LIFT STATION # 606 Bid No. 094-2821-00iCJD ITEM UNIT UNIT COST QUANITY EXTENDED ~ COST 1 Trench Safety System (5 to 7 Feet) LF 2.00 80.00 160.00; 2 Trench Safety System (7 to 10 Feet) LF 4.00 0.00i 3. Trench Safety System (10 Feet +) LF 4.00 0.001 4 Concrete Sidewalk Repair (0 to 20 SF) SF 20.00 0.00i 51 Concrete Sidewalk Repair (20+ SF) SF 10.00 0.00 0.00 61 Asphalt Repair (0 to 100 SF) SF 5.00 0.00~ 7 ! Asphalt Repair (100+ SF) SF 4.00 0.00 8!Sod Repair SY 3.00 0.00 9! Pump Installation (0 to 9 HP) EA-ST 800.00 0.00 10! Pump Installation (10 to 15 HP) EA-ST 1000.00 0.00 0.00 111 Pump Installation (16 to 25 HP) EA-ST r 1200.00 0.00 121 Bypass Pumping (5 HP) DY 300.00 20.00 6000.00 131 Bypass Pumping (10 HP) DY ' 350.00 0.00 0.00 141 Bypass Pumping (25 HP) DY 400.00 0.00 15 I~ Excavation (0 to 5 Feet Deep) CY 110.00 14.00 1540.00 16 ! Excavation (5 to 10 Feet Deep) CY 125.00 0.00 0.00 17i Excavation (10 to 15 Feet Deep) CY 200.00 0.00 0.00 18 i Pipe installation (4-inch Diameter) LF 100.00 0.00 19 ! Pipe Installation (6-Inch Diameter) LF 110.00 0.00 0.00 20 Pipe Installation (8-Inch Diameter) LF 120.00 0.00 21 i Concrete Structure Improvements, Lid Replacement EA-ST 5000.00 0.00 0.00 22 Concrete Structure Improvements, Tube Replacement LF 3350.00 0.00, 0.00 23 Remove/Reinstall - Chain Link Fence LF 25.00 ~ 0.00 24 Remove/Reinstall - Wood Fence LF 35.00 0.00 Miscellaneous Materials LS ~ 0.00 Electrical Subcontract LS 0.00 Total of Bid Items ~ $7,700.00 CITY OF BOYNTON BEACH LIFT STATION # 901 Bid No. 094-2821-00ICJD ITEM UNIT UNIT COST QUANITY EXTENDED COST 1 Trench Safety System (5 to 7 Feet) LF 2.00 40.00 80.00 ~ 2 :Trench Safety System (7 to 10 Feet) LF 4.00 0.00 3 !Trench Safety System (10 Feet +) LF 4.00 0.00 Concrete Sidewalk Repair (0 to 20 SF) SF 20.00 0.00 51 Concrete Sidewalk Repair (20+ SF-) SF 10.00 ~ 0.00 , 6 !Asphalt. Repair (0 to 100 SF) SF 5.00 ~ 0.00 ! 71Asphalt Repair (100+ SF) SF 4.00 : 0.00 : 8iSod Repair SY 3.00 ' 0.00 I 9iPump Installation (0 to 9 HP) EA-ST 800.00 , 0.00 !10~ Pump Installation (10 to 15 HP) EA-ST 1000.00 0.00i : 0.00, ~11 'Pump Installation (16 to 25 HP) EA-ST 1200.00 0.00i 12 Bypass Pumping (5 HP) DY ~ 300.00 0.00, 13 Bypass Pumping (10 HP) DY 350.00 18.00 6300.00 I 14~ Bypass Pumping (25 HP) , DY 400.00 0.00 i 15 Excavation (0 to 5 Feet Deep) C¥ 110.00 0.00, 0.00' 16 Excavation (5 to 10 Feet Deep) CY 125.00 0.00i 0.00i 17 Excavation (10 to 15 Feet De~p) CY 200.00 0.00~ 0.00', 18 Pipe Installation (4-Inch Diameter) LF 100.00 12.00' 1200.00 19 Pipe Installation (6-Inch Diameter) LF 110.00' 0.00 20 Pipe Installation (8-Inch Diameter) LF 120.00~ 0.00 21 Concrete Structure Improvements, Lid Replacement EA-ST, 5000.00! 0.00 0.00 22 Concrete Structure Improvements, Tube Replacement LF 3350.00 0.00 0.00 23 Remove/Reinstall - Chain Link Fence 'LF 25.00 ~ 0.00 0.00' 24 Remove/Reinstall - Wood Fence LF 35.00' 0.00 Miscellaneous Materials LS 0.00 Electrical Subcontract LS 0.00 Total of Bid Items ' $7,580.00 ' VII.-CONSENT AGENDA ' ITEM C.4 CITY OF BOY. TON BEAC[ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office Meetim, Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January21,2003 January6,2003 (Noon.) [] March l8,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business .'77. [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and execute by Resolution Task Order #01-12 with Camp, Dresser, and McKcc, Inc., Utilities General Engineering Consultant, in thc amount of $148,000.00 for design, bidding, and construction management services to convert our chlorine gas storage facilities to sodium hypochloritc at both thc East and West Water Treatment Plants. EXPLANATION: Chlorine is used as a water disinfectant. Converting from gaseous chlorine to liquid commercial hypochlorite will: improve safety for staff and residents; remove the utility from EPA required Process Safety Management & Clean Air Act compliance; and reduce onsite security concerns. PROGRAM IMPACT: Disinfection will be achieved using sodium hypochlorite instead of gaseous chlorine. Dependence upon Palm Beach County and Delray HAZMAT teams for accidental releases will not be required. S:~BULLETIN~ORMSL~GENDA FI'EM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Cost of this Task Order is $148,000. Construction cost is estimated at $800,000. Chemical costs are competitive with the gaseous product currently used. This work was planned for incorporation into the expansion of the West Water Plant; however, due to concerns with Risk Management Program compliance, site security, and necessary repairs to the system, we highly recommend proceeding at this time. Funds are available in 403-5000-590-96-02, WTR112 to accomplish this project. We are able to utilitize Reserve Funds due to the Seacrest Estates project water main replacement being accomplished for less than planned. ALTERNATIVES: 1) Continue use with present disinfection system. 2) Expand scope to include on-site chlorine generation. Department Head's S/iJgnature City Manager's Signature ti,iti s /- Department Name cc: WRLT S:~BULLETINLFORMS'~AGENDA FI'EM 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. 01-12, BETWEEN THE CITY OF BOYNTON BEACH AND CAMP, DRESSER & MC KEE IN THE AMOUNT OF $148,000 FOR DESIGN, BIDDING AND CONSTRUCTION MANAGEMENT SERVICES TO CONVERT OUR CHLORINE GAS STORAGE FACILITIES TO SODIUM HYPOCHLORITE AT THE EAST AND WEST WATER TREATMENT PLANTS; AND PROVIDING AN EFFECTWE DATE. WHEREAS, Chlorine is used as a water disinfectant; and converting from gaseous chlorine to liquid commercial hypochlorite will improve safety for staff and residents, remove the utility from EPA required Process Safety Management & Clean Air Act compliance, and reduce onsite security concerns; and WHEREAS, the City Commission upon recommendation from staff, deems it appropriate and in the best interest of the residents and citizens of the City to approve ?ask Order No. 01-12 in the amount of $148,000 to Camp, Dresser & McKee for design, and construction management services to convert our chlorine gas storage facilities to sodium hypochlorite at the East and West Water Treatment Plants. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does authorize and direct the City Manager and City Clerk to approve and execute Task No. 01-12 in the amount of $148,000 to Camp, Dresser & McKee for design, and construction management services to convert our chlorine gas storage 5:\CA\RESO~a, greemen~s\Task - Change Orders\COM Task On::l~' #O1-12 112502.doc facilities to sodium hypochlorite at the East and West Water Treatment Plants. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of December, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner ~Corporate Seal) ~:\CA~RESO~Agreements\Task . Change Octlers\CDM Task Order #01-12 112502.doc 1601 Belvedere Road, Suite 211 South West Palm Beach, Florida 33406 tel: 561 689-3336 fax: S61 689-9713 November 4, 2002 Mr. Robert L. Kenyon Deputy Utilities Director Utilities Department City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Subject: Task Order 01-12 East and West Water Treatment Plants Conversion from Chlorine Gas to Sodium Hypochlorite Dear Mr. Kenyon: Enclosed herewith are three (3) signed copies of the referenced task order for replacement of the chlorine gas storage and feed facilities at the East and West Water Treatment Plants with bulk sodium hypochlorite storage and feed facilities. The proposed modifications will significantly improve safety at the plants, reduce vulnerability and risk to the adjacent communities and enhance disinfection system operations. Please contact me if you have any questions about the enclosed task order. We appreciate the opportunity to assist the City with this important project. Very truly yours, David F. Holtz, P.E. Associate Camp Dresser & McKee Inc. DFH/bes Enclosures File: 0000-DFHNB-MS.DFHBB N:\0000~s7334 Ltr.doc consulting · engineering · construction · operations ENGINEERING SERVICES TASK ORDER CITY OF BOYNTON BEACH TASK ORDER NO. 01-12 Date: CDM PROJECT NO. 6276-12 I. PROJECT T1TLE City of Boynton Beach Conversion from Chlorine Gas to Sodium Hypochlorite at the East and West Water Treatment Plants BACKGROUND The City of Boynton Beach desires to convert their chlorine gas storage and feed facilities at the East and West Water Treatment Plants (WTPs) to sodium hypochlorite solution storage and feed facilities. The conversion from existing chlorine gas to liquid commercial sodium hypochlorite is anticipated to have the following benefits: · Improve workplace safety for the WTP operators. · Remove the hazard of chlorine gas to the communities surrounding the WTPs. · Remove the requirements for the City to maintain the Process Safety Management Plan/Risk Management Plan as currently required by EPA. · Provide adequate disinfection in lieu of chlorine gas. In general, the conversion will consist of removing the existing chlorine gas equipment and installing new bulk storage tanks and feed pumps for the sodium hypochlorite in the existing chlorine gas building at each WTP. The chlorine gas equipment to be removed or demolished includes scales, trunnions, cylinders, chlorinators, emergency chlorine scrubber, and miscellaneous pipes, valves, and duct work from the existing chlorine building at each wTP while maintaining temporary chlorine gas or sodium hypochlorite feed during the demolition and installation of the new equipment. Preliminary discussion with City staff indicate the following assumptions for the new sodium hypochlorite system: · Sodium hypochlorite shall be commercially produced, delivered in bulk at a concentration of approximately 10 to 15 percent. · Storage and feed systems shall be located indoors in the existing chlorine buildings. · Storage of bulk sodium hypochlorite shall be provided in high density polyethylene (HDPE) tanks. Secondary containment of bulk chemical can be by coated concrete basins or by double wall tanks. · If possible, the use of day tanks and scales shall be eliminated. · Feeding of the system shall be by chemical metering pumps. Feed points and control strategy shall be the same as currently being used. N: \0000\bs7299.doc-11 / 1/02 1 · The chemical metering pumps may be located in the chlorinator room or in the cylinder storage room. · Appropriate safety equipment shall be provided. · Improvements to the chlorine building ventilation system at each WTP will be likely. III. CONTRACT REFERENCE This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated the 4th day of October 2000 between the City of Boynton Beach (CITY) and Camp Dresser & McKee Inc. (CDM). IV. SCOPE OF SERVICES The Scope of Services consist of seven primary elements to design, bid and construct the new sodium hypochlorite feed and storage facilities at the East and West WTPs: · Project Management, Design Workshops and Meetings · Design Development (Engineering Report preparation) · Construction Documents Production (Drawings and Specifications) · Construction Cost Estimating · Bidding Services · Permitting Services · Construction Services Task 1 - Project Management, Design Workshops and Meetings CDM will provide project management and oversight throughout the project and will coordinate project execution and technical design review. Up to six client workshops/meetings shall be attended by CDM and the City. These include the following: · Project Kick-Off Meeting · 30-Percent Design Interval · 60-Percent Design Interval · 90-Percent Design Interval · City Fire Marshall Review · County Fire Marshall Review Because the existing chlorine buildings will be used at each WTP, meetings with the respective City or County Fire Marshalls shall be conducted to determine if additional fire protection to the building is required (i.e. fire sprinklers). For the purposes of developing this scope and budget, no additional fire protection to the two buildings was assumed to be required. Fire protection of the existing buildings may be added at a later time as an additional service via amendment to this Task Order. N: \0000\bs7299.doc-10/31/02 2 Review meetings for the 30, 60 and 90-percent design intervals are to determine the criteria for design and to receive review comments from the City. The 30-percent design interval meeting will present and allow comment on the proposed design criteria for the Engineering Design Report. The 60 and 90-percent design intervals review meeting will allow for comments on the construction bid documents. Meetings to coordinate specific design elements are not listed are included as required in the various tasks to provide final design documents. Task 2 - Design Development CDM will prepare a Draft Engineering Report for the 30-percent design interval to establish the design criteria and for permitting use. CDM will visit the site and attend meetings with City staff and Consultant to establish existing site and operating conditions, determine project goals and City preferences and to collect existing field data. Based on various site visits, meetings, and information gathered; evaluate alternatives, develop preliminary equipment sizes, arrangement and operating scenarios, power requirements, control requirements and prepare preliminary equipment layout drawings. The Engineering Report shall define the following requirements at each WTP site: · Demolition requirements of existing chlorine equipment including but not limited to scales, trunnions, cylinders, chlorinators, emergency chlorine scrubber, chlorine gas sensors and miscellaneous pipes, valves, and duct work from the existing chlorine buildings at each WTP. · Construction sequence to allow for feeding of chlorine gas or sodium hypochlorite during construction at each WTP. · Design criteria for new sodium hypochlorite equipment including quantity and sizing for bulk storage tanks, metering pumps, piping and assodated valving for each WTP. Equipment cut sheet data shall be provided. · Minor modification requirements of sodium hypochlorite feed points at each WTP. One major feed point modification at the East WTP to raise an existing chlorine injection point above grade. · Coordination of various electrical, instrumentation and control components for the new equipment. · Preliminary sketches of mechanical equipment layout. · Preliminary cost estimates of the proposed improvements. The culmination of the Draft Engineering Report will be the 30 percent design interval meeting with the City as described previously to present preliminary results and to solicit input from staff before proceeding with construction document production. As a result of the review meeting with the City, a Final Engineering Report will be prepared. The report will finalize the site layout of the major equipment and the construction sequence. Task 3 - Construction Documents Production CDM will provide drawings and spedfications for the proposed improvements outlined in the Final Engineering Report. It is assumed that the City will bid and award the N:\0~00 \bs7299.doc-10/29/02 3 construction drawings and specification are required. Table 1 describes the anticipated drawings for the project. Table 1: Preliminary Drawin9 List Description Number of Drawings GENERAL Cover I Vicinity and Location Maps 1 Index to Drawings 1 General Civil and Structural Legends 1 Mechanical Legend 1 Electrical Legend 1 Instrumentation and Control Legend 1 DEMOLITION Site Demolition Plan (East and West) 1 Mechanical -Demolition Plan (East & West) 2 Electrical - Demolition Plan (East & West) 2 Notes and Details 1 YARD PIPING Chlorination Piping Plan (East & West) 2 East WTP Injector Modification - Detail 1 Notes and Details 1 MECHANICAL Chlorine Building Modifications - Plan (East & West) 2 Chlorine Building Modification - Sections (East & West) 2 Hypochlorite Tanks and Pumps Isometric (East & West) 1 Details 1 ELECTRICAL Chlorine Building Modifications - Plan (East & West) 2 MCC Modifications (East & West) 1 One Line Diagrams, Riser Diagrams (East & West) 1 Control Diagrams & Conduit Schedule (East & West) 1 INSTRUMENTATION AND CONTROL Hypochlorite Feed System (East and West) 2 Block Diagram (East and West) 2 Control Panel/Wiring Diagrams 1 During the development of the construction bid documents, a description of the control logic and desired man-machine interface will be determined with input from City staff at the 60 percent design interval. That description will be included in the construction bid documents; however, the City will have the option of having CDM do the actual programming as an amendment to this task order using the City's desired programmer as a subconsultant or having the Contractor do the programming. The City's desired method of programming of the new disinfection system will be determined after the requirements are more defined from the 60 percent design review workshop. Task 4 - Construction Cost Estimating CDM will prepare a construction cost estimate at the 30 and 90 percent design intervals. N:\0000\ bs7299.doc-10/31/02 4 Task 5 - Permitting Services CDM will provide the following permitting services: · Complete permit applications for construction/modification of the new facilities for the Florida Depat~tnent of Environmental Protection, Palm Beach County Health Department and/or Palm Beach County Department of Environmental Resource Management. · Provide written responses and clarifications to the permitting agencies when requested. Meet with agency personnel as requested. · Make available professional staff for the purpose of signing and seahng plans, specifications, and applications. Task 6 - Bidding Services CDM will provide Bidding Services for the City as follows: · Preparation of contract documents for execution by the City and Contractor. · Prepare legal advertisement for bids. · Respond to bidders' questions prior to submission of bids. · Prepare information for inclusion in addenda to contract documents, if required, based on the questions and findings of prospective bidders. · Attend prebid meeting at the project site if requested. · Review.additive/deductive alternatives for purposes of developing award recommendations. · Prepare bid tabulation. · Review references and bids submitted. · Recommendation of award. · Preconstruction conference. Task 7 - Construction Services CDM will provide 25 man-days of Construction Services as requested by the City. The services include and are limited to the following: Shop Drawings and Technical Submittals - It is assumed, herein, that the Construction Contractor will transmit submittals to CDM for review. CDM will review and return submittals to the Construction Manager within 14 calendar days of receipt. The review will be in accordance with contract specifications and for conformance with the design concept and compliance with the Contract Documents. Monthly Progress Meeting - CDM will attend monthly progress meetings. Progress meetings will focus on solutions, distribution and assimilation of information. CDM will address impediments to progress, communicate information and provide direction in a timely manner. N:\0000\bs7299.doc-10/29/02 5 Request for Information - CDM will issue technical interpretations and clarifications of the Contract Documents, along with associated support materials, as requested by the Construction Manager. These interpretations will be rendered and a response prepared and submitted to the Construction Manager within one week of the Construction Manager's RFI. Site Visits - CDM will visit the project at intervals appropriate to the various stages of construction, up to six times for each of the major disciplines (mechanical, electrical, I&C), to observe the progress and quality of work and to attend monthly construction progress meetings. It is assumed, herein, that CDM will not Provide daily inspection or construction oversight. A maximum of 30 project/field hours has been budgeted for this effort. Start-up Services - CDM will be present during start-up of the mechanical, electrical, and instrumentation & control systems and will assist in witnessing of equipment tests. Further assistance will be provided in determining final settings of control system parameters based on actual operating conditions at time of start-up and commissioning. A maximum of 40 project/field engineer hours have been budgeted for this task. Record Drawings - CDM will prepare record drawings based on suitably marked up field drawings provided by the Contractor. Record drawings will be prepared using CAD files modified from the original contract documents. Record drawings will be certified upon receipt of proper certification documentation from the Contractor in accordance with the provisions of Chapter 471, Florida Statutes. V. DELIVERABLES TASKS DELIVERAB LES QUANTITY 1. Project Management, Design Meeting and Technical Review 1 - Set Notes/Comments Workshops and Meetings 2. Design Development Draft Engineering Reports 5 - Sets Final Engineering Report 5 - Sets 3. Construction Documents Production 60% Drawings & Specs 5 - Sets (11 ' x 17") 90% Drawings & Specs 5- Sets (11~ x 17") 100% Drawings & Specs 5 - Sets (22" x 34~) 4. Construction Cost Estimating Included in Tasks 2 & 3 NA 5. Permitting Services Permit Applications 5 - Sets 6. Bidding Services Addenda if required As Required 7. Construction Services Record Drawings 3 - Sets (22" x 34') VI. PROJECT STATUS REVIEW CDM will provide the CITY with written status reports with invoices. N:\ 0000\bs7299.doc-10/29/02 6 VII. PROIECT SCHEDULE CDM will commence services upon receipt of written authorization and is proposing the following schedule for this project: Tasks Approximate Duration 1. Project Management, Design (Concurrent with Tasks 2 and 3) Workshops and Meetings 2. Design Development 4 weeks 3. Construction Documents Production 8 weeks 4. Construction Cost Estimating Concurrent with Tasks 2 and 3) 5. Permitting Services 8 weeks 6. Bidding Services 3 weeks 7. Construction Services 28 weeks VIII. ASSUMPTIONS This proposal has been based on the following assumptions: · Construction Resident Project Representative services are not included in this proposal, but can be added as additional services if desired by the City. · Programming services are not included in this proposal but can be added as additional services if desired by the City. · CDM will prepare all drawings in AutoCAD. · The City will provide available drawings and drawings files of the East and West WTP sites and chlorination facilities. IX. COMPENSATION FOR SERVICES The total amount to be paid to the ENGINEER by the City under this Task Order shall be a not to exceed amount of One Hundred and Forty Eight Thousand Dollars ($148,000). A summary of the project budget estimate is provided in Exhibits A and B. X. TERMINATION This Task Order may be terminated by the City, upon thirty (30) days written notice to the other party. If terminated, the Engineer shall complete and shall be paid for services N: \OOOO\bs7299.doc-lO/31/02 7 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CAMP DRESSER & McKee Inc. CITY OF BOYNTON BEACH, FLORIDA David F. Holtz, P.E. Mr. Gerald F. Broening Associate Mayor N: \0000\bs7299.doc-10 / 29/02 8 EXHIBIT A PROJECT BUDGET PROJECT: City of Boynton Beach Conversion f-rom Chlorine Gas to Sodium Hypochlorite at the East and West Water Treatment Plants coNTRACT REFERENCE: Agreement for General Engineering Consulting Services between City of Boynton Beach, Florida and Camp Dresser & McKee Inc. dated October 4, 2000. Labor Category. Hours Total Project Director 28 Technical Spedalist 38 Senior Engineer/Scientist 76 Professional II 120 ProfessiOnal I 130 Clerical 40 493 TOTAL LABOR COST $38,300 OTHER DIRECT COSTS $3,000 OUTSIDE PROFESSIONAL SERVICES $106,700 Globaltech, Inc. (including 10% Mark-up) TOTAL ESTIMATED COST $148,000 0000-DFHNB-MD.DFHBB A-1 N:\0000\ bs7299.doc\10/31/02 VII.-CONSENT AGENDA O CITY OF BOYNTON BEACH ITEM D.1. AGENDA ITEM REQUEST FOR ,, 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 Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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: Please place this request on the December 3, 2002 City Commission Agenda under Consent. The Planning and Development Board with a unanimous vote, recommends that the subject request be denied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-229. EXPLANATION: PROJECT: Gateway Plaza (USAP 02-002) AGENT: H. Burton Smith, P.E. OWNER: KWB Charitable Trust LOCATION: Lot 91 - Quantum Park PID (Northeast comer of High Ridge Road and Gateway Boulevard, Quantum Park PID) DESCRIPTION: Request for use approval for a gasoline dispensing establishment and convenience store on Lot 91 in the Quantum Park PID. PROGRAM IMPACT: N/A Develo~b~ment Department Director City Manager's Signature Planixin-g and Zo~mgCDirector City Attorney / Finance / Human Resources SSPlanning~SHARED\WPXPROJECTS\Quantum-Gateway Plaza\USAP 02-002~Agenda Item Request Gateway Plaza USAP 02-002 12-3-02.dot S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-229 TO: Chairman and Members Planning and Development Board THROUGH: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP Planner DATE: November 21,2002 SUBJECT: Gateway Plaza (USAP 02-002) Request for Use Approval for a Gasoline Dispensing Establishment and Convenience Store on Lot 91 in the Quantum Park PID NATURE OF REQUEST Typically, a request for use approval is based on the assumption that the use will be available on multiple lots in a PID. This request for use approval for a gasoline-dispensing establishment would only be a use approved for Lot 91. KWB Charitable Trust is the owner of Lot 91. Lot 91 is 6.54 acres in size with an Office - Industrial - Commercial Master Plan designation. Pace Development Services (Pace) is the contract purchaser of the subject property. Pace, the developer, is the owner and operator of a number of retail fueling centers. This request for use approval is for a gasoline-dispensing establishment / convenience store. The accompanying conditional use / new site plan application (COUS 02-005) also shows diesel fuel pumps, an automatic carwash, and a fast-food restaurant. According to the application, the diesel fueling stations would provide service for tractor-trailers that make daily deliveries to the Publix Distribution Center (Lot 55). This proposed facility will allow these drivers to refuel, and patronize the convenience store. The site plan indicates that the project will be completed in four (4) phases. The construction of the gasoline dispensing establishment, accessory car wash, convenience store, and restaurant are proposed within the first three (3) phases, which would occupy 3.5 acres in area. The unimproved portion of this property (3.04 acres) will remain in its natural state until it is ultimately site planned. BACKGROUND The following is a description of the zoning districts and land use classifications of properties surrounding the subject parcels, indicated in Exhibit "A": North: Td-Rail station zoned Planned Industrial Development (PID), with a Governmental & Institutional (G&I) Master Plan designation; South: Gateway Boulevard right-of-way, farther south is undeveloped Lot 82, zoned Planned Industrial Development (PID) with a Office - Industrial - Commercial (OIC) Master Plan designation; East: C.S.X. Railroad right-of-way, farther east is Interstate 95 right-of-way; West: Undeveloped Quantum Park Lot 85 (future commercial plaza / townhouses), zoned Planned Industrial Development (PID) with a Mixed Use (MU) Master Plan designation. In 1999, the City Commission approved Lot 91 for an Ice Skating Rink (The Frozen Ponds / USAP 99-003). Ice-skating rinks are included as a permitted use option under the "Commercial" designation of the Quantum Park DRI. The "The Frozen Ponds" site plan has since expired. On April 27, 1999, the City Page 2 Memorandum No. PZ 02-229 Commission approved the Mobil On the Run gas station located at the southwest corner of Gateway Boulevard and High Ridge Road. The use was approved with a condition limiting the Quantum Park PID to a single gas station in order to avoid any future proliferation of such uses as seen in other areas of the City. A second gas station in the Quantum Park PID would be in violation of this previous project's condition of approval. However, this use approval application will also constitute a request to amend that condition of approval limiting the PID to one (1) gasoline-dispensing establishment. Unlike other conventional zoning districts, the zoning code does not set forth specific uses permitted in a Planned Industrial Development (PID) district. Pursuant to Chapter 2 - Zoning, Section 7.E., in a PID, a building and its customary, ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale and retail), educational institution, adult entertainment (consistent with Section 11 .M. of the zoning code) or industrial uses provided that such use or uses is/are approved by the Planning and Development Board. In approving a particular use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations, and that the use proposed is consistent with the intent and purposes of the PID. ANALYSIS The applicant is required to address the Performance Standards listed in Chapter 2, Section 4.N of the Land Development Regulations as they relate to the proposed use of a gasoline-dispensing facility and convenience store. The purpose of the Performance Standards are to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant's responses are listed below: 1) Noise: No use shall be carded out by Pace Development Services so as to create sound which is in violation of Section 15-8 of the City Of Boynton Beach Code of Ordinances. 2) Vibrations: No use shall be carried out by Pace Development Services so as to create inherently and recurrently generated ground vibrations, which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. 3) Smoke, dust, dirt, or other particular matter: Pace Development Services shall not allow the emission of smoke, dust, dirt or other particular matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which it is located. Furthermore, Pace Development Services shall not allow emissions of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. 4) Odors and fumes: Pace Development Services shall not allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point beyond its property. 5) Toxic or noxious matter: Pace Development Services will not allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and Page 3 Memorandum No. PZ 02-229 enjoyment of property or rights-of-way, at or beyond the property line of their property or to contaminate any public waters or any groundwater. 6) Fire and Explosion: Pace Development Services' uses shall not create a fire or explosion hazard to adjacent property or right-of-way, or any persons or property thereon. Furthermore, Pace Development Services certifies that the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. 7) Heat, Humidity or Glare: Pace Development Services' uses shall not produce heat, humidity or glare, which is readily perceptible at any point at or beyond the property line of the property. Artificial lighting, which is used to illuminate any property or use, shall be directed away from any residential use which is a conforming use according to the City of Boynton Beach zoning regulations, so as not to create a nuisance to such residential use. 8) Liquid Waste: No use will be carded out by Pace Development Services which would dispose liquid waste of any type, quantity or manner which is not in conformance with the provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances, or any applicable federal, state or county laws or permits. 9) Solid Waste: Pace Development Services shall not allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. 10) Electromagnetic Interference: Pace Development Services shall not create electromagnetic radiation which causes abnormal degradation or performance of any electromagnetic receptor of quality and proper design as defined by the principals and standards adopted by the Institute of Electrical and Electronics Engineers or the Electronic Industries Association. Furthermore, Pace Development Services shall not cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception. 11 ) Hazardous Materials and Hazardous Waste: Pace Development Services shall comply with all hazardous ma[edals and hazardous waste regulations, local, state, and federal. The performance standards contain no explicit supplemental documentation such as certified statements, reports, or studies related to each standard. Although the applicant certifies that they will not violate any of the above-referenced performance standards, the applicant has not provided staff with any supplemental information pertaining to each standard. For example, a statement / study from an Acoustical Engineer certifying that the proposed use would not violate the City Noise Ordinance would satisfy the first performance standard. No report has been given to staff that indicates that the proposed use will exceed the L10 sound level limits by more than the allowable thresholds. No statement has been given outlining the anticipated "pure tones" that the proposed use will generate. Furthermore, a gasoline-dispensing establishment must typically submit a Material Safety Data Sheet, which is directly related to the Environmental Review Permit. CONCLUSIONS AND RECOMMENDATION Notwithstanding the above-described issues, staff has conducted a preliminary review of the use at the proposed location; however, staff endorses the current condition of limiting the PID to one gas station. Therefore, staff recommends that the subject request for an additional gas station be denied. This recommendation is based on the fact that the Quantum Park PID is a master planned development subject to higher standards and expectations with respect to the diversity of land uses within the PID. Page 4 Memorandum No. PZ 02-229 If this use is desired by the Board and Commission, staff is equally concerned about potentially-negative site impacts, site suitability, and traffic issues. These issues primarily pertain to traffic characteristics, current roadway design, and site impacts. The traffic study submitted with this request for use approval meets the Traffic Performance Standards of Palm Beach County in terms of vehicle trips but does not address specific road design or potential negative impacts in or around the subject site. The projects approved near the subject site include 94,100 square feet of commercial and 136 fee-simple townhouses (SBMP 02-002), 39 fee-simple townhouses (SBMP 02-003), and the Td-Rail double-track expansion. The parcel cattycorner to the subject property was approved for 234 rental apartments and 132,032 square feet of commercial (SBMP 02-001). Staff has major concerns regarding possible traffic accidents as a result of the development of the subject site with the proposed use. The site plan shows that a total of two (2) driveways are proposed, one (1) directly to High Ridge Road. Staff anticipates that the types of vehicles associated with this use (tractor trailers), which will utilize these points of access, coupled with the proposed driveways (traffic flow) from this project as well as driveways from the other projects could pose hazardous driving conditions in the future. Much of the surrounding properties are currently undeveloped but according to Police records, since February 2000, there have been 55 traffic accidents reported on High Ridge Road north of Gateway Boulevard, which were directly influenced by this intersection. Since March 2000, there have been 32 traffic accidents on High Ridge Road south of Gateway Boulevard, which were directly influenced by this intersection. Additional time and data would be needed in order to evaluate the location of the proposed entranceways and tuming movements of vehicles associated with this type of use. Although the proposed use may be vested in terms of trip generation under the DRI, the characteristics of the site in conjunction with the recently approved projects would warrant further review from staff regarding the traffic patterns in order to protect the health, safety, and welfare of the public. Finally, according to Chapter 4, Section 8 of the Land Development Regulations - Review Standards, all proposed developments should be designed to preserve, perpetuate, and improve the existing natural character of the site. Existing native trees and other landscape features shall, to the maximum extent possible, be preserved in their natural state. The applicant submitted a "Vegetation Analysis for Gateway Plaza (2002)", which indicates the existence of at least 800 trees on site. There appears to be no preservation of the existing vegetation in conjunction with the development of the site. Additionally, the landscape plan submitted with the conditional use application shows the proposed location of "transplanted trees" but fails to identify the current location, type, and specifications of the trees to be relocated and / or preserved. Although issues related to site design are typically addressed as part of the site plan review process, on-site impacts appear to be worsened by virtue of the proposed use and its inherent need for maximum visibility. In contrast with the previous use approved for the site (i.e. an ice rink), site elevation is to be raised significantly. Staff acknowledges that in general, land preservation requirements for the PID have been fulfilled by the two (north and south) preserve areas. However, typical tree preservation is still considered on a site-by-site basis as referenced above. Again, staff recommends that the subject request to amend the list of approved uses be denied, as well as the request to amend that condition of approval limiting the Quantum Park PID to one (1) gasoline- dispensing establishment. MR/elj Attachments S:\Planning',.SHARED~Wl:~PROJECTS\Quantum. Gateway Plaza~USAP 02-002\Staff Report2,.(~oc EXHIBIT 'A' LOCATION MAP cITY OF cOMM ITU M PARK] 400. '800 FEET EXHIBIT "B" Conditions of Approval Project name: Gateway Plaza File number: USAP 02-002 Reference: Use Approval. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: COA 11/22/02 2 DEPARTMENTS INCLUDE REJECT 1. A tree survey is required. X 2. Environmental review and approval shall be required prior to the issuance of X an occupational license or certificate of occupanc7. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Conm~ents: 1. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 2. To be detain-fined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Quantum-Gateway Plaza\USAP 02-002\COA.doc EXHIBIT "C" CITY OF BOYNTON BEACH, FLORIDA PLANNING AND ZONING DIVISION PETITION FOR USE APPROVAL, PLANNED INDUSTRIAL DEVEL~)PMENT DISTRICT (PID) IN RE: GATEWAY PLAZA I. BACKGROUND KWB Charitable Trust (Kenneth W. Brown) is the owner of parcel 91 within the Quantum Corporate Park PID ("Quantum"). Lot 91 comprises 6.55acres and has been designated OIC - Office, Industrial, Commercial - according to the DR/Master Plan. Pace Development Services ("Pace") will be the contract purchaser of the subject property at such time as the proposed uses are approved by the City of Boynton Beach. Pace is currently the developer and operator of a number of retail fueling centers and has a reputation for clean well managed facilties. Pace is desirous of constructing a modem and very functional convenience store, gasoline pumps and automatic car wash, along with a fast food restaurant along the High Ridge Road right of way and a diesel fueling station behind the convenience store. The diesel fueling station is to service the many tractor trailers that daily pickup and deliver goods to the Publix distribution center. These drivers currently taus travel some distance, on City and County streets to find diesel fuel an have the opportunity to get some refreshments. This proposed facility will allow these drivers to refuel get refreshments at a convenient location next to 1-95 and. not disturb EXHIBIT "C" Page 2 local traffic on City streets. The balance of the property, 3.04 acres, on the east side of the subject parcel will remain in its natural s,tate until such time as a use has been determined for it. II. REQUEST FOR USE APPROVAL WITHEN QUANTUM CORPORATE PARK Pm Part III Land Development Regulations, Chapter 2, Section 7.A, of the Code of Laws and Ordinances of Boynton Beach, Florida (hereinafter "Code"), provides for the intent and purpose of the PID zoning district as follows: INTENT AND PURPOSE. A planned industrial development district (Pti)) is established. The purpose of this district is to provide a zoning classification for light industrial development that will better satisfy current demands for light industrial zoned lands by encouraging development which will reflect changes in the technology of land development and relate the development of land to the specific site and to conserve natural amenities. Regulations for the PID are intended t accomplish a more desirable environment for industrial development in relation to existing and/or future city development, permit economies in providing public services, allow for economies of scale in industrial development, and to promote the public health, safety, convenience, welfare and good government of the City of Boynton Beach. PID districts may contain Mixed Use Pods w£th retail, commercial, office and residential components, subject to the design and approval criteria hereinafter set forth. Section 7.E provides, in part, for the permitted uses in the districts as follows: USES PERMITTED. In the PI.D, a building and its customary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale or retail), educational institution, adult entertainment in accordance with Section 11 .M, recreational and attractions as defined for the industrial land use classification, multi-family residential, and mixed use residential/commercial uses in EXHI BIT "C" Page 3 PLD's totaling a minimum of' 500 acres or industrial use provided that such use or u~es is/are approved by the planning and development board. In approving uses in the PID, the planning and development board shall ~nake findings that the use or uses proposed will not be in conflict with the performance standards listed in Section 4.N. of'these zoning regulations, and that the use or uses proposed is/are consistent with the intent and purpose of'this section. For the purposed of' this se'etlon, educational institution shall mean a public, quasi-public or private facility that offers instruction to students for one (I) or more of'the f'ollowing needs: preschool programming; tutoring; kindergarten, elementary and secondary grades schooling; higher learning for the purpose of'granting degrees in a particular field and occupational or industrial, technical training ..... Lot 91 has been designed OIC - Office, Industrial, Commercial within the Quantum Corporate Park PID. The code does not specify permitted uses with the OIC designated parcels of'the P/D, however the uses permitted within the PID include many industrial and commercial businesses. The intent to the P/D district is to accomplish a desirable environment for industrial development in relation to existing and fi~ture development, as well as to promote public health, safety, convenience, welt'are and good government for the City. Pace Development Services intended uses would qualify as commercial uses. Pace Development Services proposed uses will not be in conflict with the performance standards of' Section 4.N of'the Boynton Beach zoning regulations. No use shall be carried out by Pace Development Services so as to create sound which is in violation of' section 15-8 of'the City of.Boynton beach Code of.Ordinances. No use shah be carried out by Pace Development Services so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of'the property on which the use is located. Pace Development Services shall not allow the emission of'smoke, dust, dirt or other particular matter which may EXHIBIT "C" Page 4 cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which the use located. Furthermore, Pace Development Services shall not allow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. Pace Development Servoices shall not allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond its property. Pace Development Services shall not allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to proper~y or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of their property; or to contaminate any public waters or any ground water. Pace Development Services's uses shall not create a fire or explosion hazard to adjacent or nearby property or rights-of-way, or any persons or property thereon. Furthermore, Pace Development Services certifies that the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. Pace Development Services's uses shall not produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line of the property. Artificial li~ting which is used to illuminate any property or use shall be directed away from any residential use which is a conforming use according the City of Boynton Beach EXHIBIT "C" Page 5 Zoning regulations, so as not to create a nuisance to such residential uses. No use shall be carried out by Pace Development Services which would dispose liquid waste of any type, quantity or manner which is not in confo,rmance with the provisions of Ch&pter 26 of the City of Boynton Beach Code of Ordinances, or any applicable federal, state or county laws or permits. Pace Development Services shall not allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. Pace Development Services shall not create electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and property design as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, Pace Development Services shall not cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception. Pace Development Services shall comply with all hazardous materials and hazardous waste regulations, local, state or federal. Pace Development Services's uses are consistent with the intent and purposes of the PID district. In providing the above references service to the community at large, Pace provides a public service and promotes the public health, safety, convenience, welfare and good government of Boynton Beach without any adverse impacts on the community. EXHIBIT "C" Page 6 Paces's desire to be an integrated member o£the community fits in with the intent and purposed of the PID by accomplishing'a desirable development environment and meeting the future needs of city development by establishing its site within the Quantum Corporate Park PID. IlL CERTIFICATION We understand that this petition and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Division. We hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of our knowledge and belief. Signature of authorized agent EX HIBIT "C" the b~m~) (~ ~e~ .... ,--- or Aud'trxt,a~ P~'~cipai if DrOl:~r~ ~j cwrmd DaW OR ~ Da~e A REPRESENTAT1V'E MUST BE PRESENT AT ALL TECHNICAL REVIEW _C_OMMtTTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUN/Ty ~eDEVELOPMENT AGENCY (CRA) AND CI REVIEW THIS PROJE. CTo TY COMMISSION MEETINGS HELD TO DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gateway Plaza APPLICANT'S AGENT: H. Burton Smith APPLICANT'S ADDRESS: 825 Whippoorwill Trail, West Palm Beach, FL 33411 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 3, 2002 TYPE OF RELIEF SOUGHT: Request for Use Approval for a Gasoline Dispensing Establishment in the Quantum Park PID. LOCATION OF PROPERTY: Lot 91, Quantum Park PID 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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". 4. 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WFAPROJECTS~Quantum'Gateway Plaza\USAP 02.002\DO2.doc VII.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM D.2 AGENDA ITEM REQUEST 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 Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February ! 8, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (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: Please place this request on the December 3, 2002 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 4-2 vote, recommends that the subject request be approved, subject to all staff conditions and a change to condition #7 to allow an alternative emergency route using L.W.D.D. canal right-of- way. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-268. EXPLANATION: PROJECT: South Congress Residential (NWSP 02-017) AGENT: Jamie Gentile, Kilday & Associates, Inc. OWNER: Congress Industrial Park, LLC LOCATION: East of Congress, South of Golf Road DESCRIPTION: Request new site plan approval for a 340-umt multi-family development on a 32.16-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: ~,, N/A ~ ~Ci~W~ ALTERNATIVES.~ N/A De velol:~enfD e~en~Di~c t or Signature Planning ~nd Zot~eg Director City Attorney / Finance / Human Resources S:~BULLETIN~FORMS'~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-268 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION November 18, 2002 DESCRIPTION OF PROJECT Project Name/No.: Jefferson at Boynton Beach (aka South Congress Residential)lNWSP 02-017 Property Owner: Congress Industrial Park, LLC ApplicantJAgent: Congress Industrial Park, LLC/Jaime Gentile, Kilday& Associates, Inc. Location: South of Golf Road, east side of South Congress Avenue adjacent to south city limits. Land Use/Zoning: Existing: Industrial (I)/M-1 Industrial District Proposed: High Density Residential - (HDR - 10.8 du/ac)/PUD Type of Use: Multifamily Residential (Apartments) Project size: Site Area: 32.16 acres (1,400,847 square f~et) No. of Units: 340 Floor Area: 483,997 square feet Density: 10.5 du./ac. Adjacent Uses: (see Exhibit "A" - Location Map) North - Developed property designated Industrial (I) and ~ned M-1 (Light Industri~: South - Right-of-way for the Lake Worth Drainage District (LWDD) Lateral (L-bu) Canal then the site of the South County Regional Waste Water Treatment Facility lying within the City of Delray Beach designated Community Facilities- Public Buildings (CF-P) and zoned Community Facility (CF); East - Rights-of-way for the Seaboard Coastline Railroad (CSX) and Interstate 95, farther east developed property lying within unincorporated Palm Beach County designated Industrial (IND) and ~ned Light Industrial (LI); and West Right -of-way for Congress Avenue and farther west developed residential property (Hunters Run) designated Low Density Residential (LDR) at a maximum density of 4.84 dwelling units per acre and zoned Planned Unit Development (PUD). Site Characteristics: The subject property is one (1) irregularly-shaped parcel totaling 32.16 acres. The parcel is vacant and is currently under single ownership. The site contains a mixture of vegetation. The existing trees and vegetation consist generally of exotic, invasive, non-native species. The primary tree species are Florida Holly, Melaleuca, and Australian Pine. There is a portion of the property, approximately 6.5 acres, which has been determined by the South Florida Water Management District (SFWMD) to be a conservation easement within the site. This area also contains exotic, invasive, non-native trees / vegetation. It will be reconstructed into a native wetland species ecosystem as part of the site plan review and approval. There are several existing native Cabbage Palm trees and two small native Live Oak trees. These trees will all be relocated to the East or South perimeter of the sitr clearing/grubbing permit will be required from the Building Division to clear and rem,. ~ these exotic, invasive, non-native species, and to relocate the native Cabbage Palm trees and the two small native Live Oak trees. There are several native Pond Apple trees withinthe existing canal right-of-way along the south perimeter of the site. These trees are Page 2 Jeffers(Jn at Boston Beach (aka South Congress Residential) - Site Plan ReviewStaff Report Memorandum No. PZ 02-268 under the jurisdiction of the LWDD. If feasible the new owners should leave these trees in place. Proposal: The developer proposes to construct 340 rental apartments in 22 buildings on 32.16 acres. As proposed the project will include four (4) building designs; labeled Typed #1, #2, #3 and Type #5. The height for buildings of Type #1 through #3 will be three (3) stories and Type #5 buildings will be two (2) stories with proposed carriage garages. Carriage garages are within the Type #5 buildings and are composed of one-bedroom apartments at the second story and one (1)-car garages at the ground level. The development proposes one (1) centrally- located main driveway. The 22 proposed buildings within this project are located on either side and at the end of the main central driveway and will contain a mix of one, two and three-bedroom units. Proposed recreation amenities include: a 4,901 square foot, one-stow recreation building (which also accommodates a leasing office); a swimming pool; and one (1) tennis court with pavilion (see Exhibit "B" - Proposed Site Plan). The project also features separate mail kiosks adjacent to the recreation/leasing building. A corresponding application for land use amendment (LUAR 02-002) was approved for transmittal to the state on July 2"'~ 2002, and will return to the Commission Concurrent with this request. The gross density of the proposed project is 10.5 dwelling units per acre or just below the 10.8 dwelling units per acre maximum permitted for the High Density Residential (HDR) land use classification. The approval of the land use amendment and rezoning application and final adoption by the City Commission and approval by the Florida Department of Community Affairs (DCA) is required as a condition of site plan approval (see Exhibit "C" - Conditions of Approval). Concurrency: a. Traffic - A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. b. Drainage- 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. Driveways: There is one (1) main entrance proposed for the development located at the western portion of the site on Congress Avenue. This entranceway would align with a signalized median opening on Congress Avenue and will allow both right and left turns from the site. This driveway is the main vehicular access to the site. It provides circulation through the entire project via interconnections to secondary access drives. This driveway has a 16.6-foot entrance and two exit lanes at 25.5 feet wide separated by an 11.3-foot median. An unmanned, electronically operated, security gate will restrict entrance to the development. The gate is proposed to be located south of the proposed clubhouse and at approximately 600 feet from the right-of-way for Congress Avenue, thereby providing safe stacking distance. This project does not provide any secondary access to the development. Staff strongly recommends the construction of a secondary access at the southwestern corner of the subject property (see Exhibit "C" - Conditions of Approval). Parking Facility:. The 624 parking spaces required for the project have been tabulated based on the applicable per bedroom ratio required by the Land Development Regulations. The project provides a total of 664 spaces, including 20 handicap accessible spaces. All spaces, except handicap spaces, will be dimensioned nine feet by sixteen feet (9' x 16') with a two Page 3 Jefferson at Boston Beach (aka South Congress Residential) - Site P~an ReviewStaff Report Memorandum No. PZ 02-268 (2) foot overhang using wheelstops. Spaces within garages are dimensioned twelve feet by twenty-four feet (12' x 24'). The 664 parking spaces will be distributed as follows: 544 general surface spaces, 32 carriage garage parking spaces (which are located at the ground level of the Type #5 buildings), 60 garage spaces, eight (8) clubhouse parking spaces, and 20 handicap spaces placed throughout the project. The proposed number of parking spaces for recreation facilities and rental office meets the code requirements. Landscaping: The landscaping of the site will fully meet code requirements when staff comments are incorporated. Perimeter landscape buffers (15 feet wide) will be provided along the northern, eastern and northeastern property lines. The buffers along the southern and western property lines will be seven (7) feet wide. Side yard and front yard landscape buffers are provided as required by code. Extensive landscaping is proposed for the entrance area, from Congress Avenue to the security gate, and will include a variety of palms, shade trees, a decorative fountain and project signage. A tiered landscaping pattern is provided in the front buffer along Congress Avenue to effectively screen the off-street parking. A total of 894 trees and 25,500 shrubs will be provided for the site. This is well over the 782 trees and 12,032 shrubs required by code. Due to the lack of individual species, identification on the plans, the perimeter buffers and entrance access cannot be adequately reviewed for exact appearances. Although staff generally approves of the overall landscape plan, it is conceptual only, thereby requiring a thorough review at permit stage to ensure optimal appearance, spacing, and consistency with surrounding properties (see conditions of approval. The landscape plan incorporates a 6.5-acre conservation easement. The area is located the northwestern portion of the site along the Congress Avenue. This conserva easement is proposed as a wetland mitigation area. Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. Community Design: The development in the surrounding area does not have a common architectural character. There are two (2) residential developments in the immediate area of the subject property. Hunters Run to the west has a mixture of housing styles but they use predominately concrete block construction with a variety of roof materials and color accent features. The single-family homes at Isles of Hunters Run, located to the northwest have a neo- Mediterranean design. The proposed buildings of "Jefferson at Boynton Beach" have clean modern lines with some architectural detailing including metal balcony railings and facades finished in stucco. The selected color-palette is predominantly light yellow with pastel accent color tones in gold, peach and apricot from Benjamin Moore. The roofs are constructed of "S" concrete tile in "Entegra Estate" (S1002-63-Y), which resemble a terracotta color. A green accent color will be used on the metal balcony railings further enhancing the design. Complimented by lavish landscaping and ornamental features at the entrance, the design conveys a "luxury" appearance. $ignage: No project signs are proposed at this time. Any future signage will require separate review and approval by the Planning and Development Board (see Exhibit "C"- Conditions of Approval). RECOMMENDATION: Staff recommends that this site plan request be approved, subject to the comments included in Exhibit "L, 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. j:\SHRDATA\Planning\SHARED\WP\PROJECTS~effers°n at Boynton aka South Congress Residenial\NWSP 02-017\STAFF REPORT.doc Location Map EXHIBIT "A" JEFFERSON AT BOYNTON BEACH aka SOUTH CONGRESS RESIDENTIAL - M1 REC I - SW 35TH AVE ISLES OF HUNTERS:R_-_U_~_-.%-'~ _ . R 1AAB -- M1 :~:!~HuNTERS RUN [SITE~',~ - - ' BOUNDARY - - LAKE IDA LWDD L-30 CANAL -~-~_~__ '- S ~111 ~ P"':: ~t!!1 ! " L,..:...._~ ...:~ ~ ~ ~ ~ ~'~' ~'~' iii. i -.:.~m~, --._ :.: :.,,..:,,,, ~l ~i itili , i '"' ' "'-~:-4" m,,m .,...... .. ill! ii, ii. : i~iil il!! ii. EXHIBIT EXHIBIT "B" CONGRESS AVENUE ! I EXHIBIT "B" EXHIBIT "B" .................... . ....... ~ ~ ~m ( MATCHLINE (REFER TO SHE~ %RC~' FOR THIS a~) ) ....... EXH BIT "~Cong ress Avert ue~ ~> iilfi '( MATCHLINE (REFER TO ~HE~ ~R~' FOR THIS ~) '"' ' ~" g~!'~f"" ' ~ l? - ' ' ' : : ~ I : : ' " ;Iii - EXHIBIT "B '" "":'"~ '"'" ':': "" '"" ;'"' '"" i!}it~i [il~;l[ i,,t, ~ MATCHLJNE (REFER TO SHEET 'TRna' FOR ~IS a~)~- -' g 'd fi! ;,,.,,.,,,-, . '" ¢[! .. .,,..,.,, . , . · ~. ,f , . . - ~ ,,,, "' * ' ' " ' , ' ,-, ' iii[ .......... EXHIBIT "B'" ~ ~TCHLiNE (REFER TO SHEET T~C~' FOR THIS AR~) ~ ~ ~'"{ './ t...-'~-a~ · ~ i ~ " .~:,.~ ]~pJ Development_~i~ of aoynton Beach, FlorJd~ ': ~' EXHIBIT "B~ ( MATCHLINE (aEFSa TO SHE~ %EC-Z' FOa THIS AR~)) O ~ EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" - l'j 'l I J- ~mi ,,- ~..k, }{~ ,,~ ,,m,~ ""' J EXHIBIT "B" Z=,,OM : MiCHAE_ T ~CHRLE ~ AE~C]. P.A. PHC~Z >~C. : ~l ,417 ~6LE ";c-. EL 7_:,_-'CE 7_L:Z-EF~ :G EXHIBIT "B" EXHIBIT "B :,o. ' ' ~ ' ' ' ' ~ ' ......... , I ...................... :__: ~ ~,~ ~ ~ SEE S~E~ ~ OF ~ EXHIBIT "B': I MATCHIJNE SEE SHEET 4 OF 5 I~ ~TCHLINE SEE SHE~ 1 OF 5 / ' ~TCHUNE S~ SHE~ 5 OF 5 EXHiBiT "B" MATCHUNE SEE SHEET 2 OF 5 I I I ! I / / -- ~ ,! ~ I , , ~ -- MATCHLINE SE:E SHEEr 5 OF 5 EXHIBIT "B" SEE SHEET ¢ OF 5 ~ M~TCHUNE SEE SHE~-T 3 OF 5 .... ?__. EXHIBIT "B,, EXHIBIT "B" EXHIBIT "B"' EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT 'B' EXHIBIT "B" EXHIBIT "B" rr-r ~-r r-; EXHIBIT EXHIBIT. "B" '"~ ~ ii]~ ~j~lt I architects, planners .~: ~ EXHIBIT "B" · ~ ~ .~ :~, , ,'~-~--~~' ~& a~, i~ architects, planners -- m~ ~~ , , EXHIBIT "B" EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Jefferson ~ Boynton Beach (aka South Congress Residential) File number: NWSP 02-017 Reference: 2nd review plans identified as New Site Plans with a November 5, 2002 Planning & Zoning date stamp marrong. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. 2. A minimum dumpster/compactor enclosure pad is required measuring 10 X feet x 10 feet (inside dimension including gates). (LDR, Chapter 7.5, Article II, Section 5.J and Article Ill, Section 9.A.9.a) 3. The required gates for the dumpster/compactor enclosure shall contain long X steel rods to drop into the pavement in order to secure the gates in the open and closed positions. Drilled holes (for concrete) or metal sleeves (for asphalt) shall be provided for the locking rods. This is to be indicated, by note, on the plans/details. 4. Walls for the dumpster/compactor enclosure shall be provided on three sides X and are to be a minimum of six (6) feet high and shall be CBS construction with a finish matching that of the adjacent building(s). Accent shrubs shall be provided along the screen wall(s) (LDR, Chapter 7.5, Article II, Section 5.J, Section 5.J and Article III, Section 9.A.9.a, and Chapter 9, Section 10.C.3). This is to be indicated, by note, on the plans/details. PUBLIC WORKS- Traffic Comments: 5. The developer shall provide additional signal heads and modify signals as X necessary for traffic utilizing development entrance onto Congress Avenue. Construction of the traffic signal will be required prior to full build-out of the project. 6. Provide complete details for construction of the proposed southbound left- X turn lane shown by note on Sheet 3 of 3 (Conceptual Paving, Drainage, Water and Wastewater Plans). 7. Staff strongly recommends construction of a secondary access to the development. The secondary access should be placed in the southwest X corner of the subject property (for access from Congress Avenue). A curb cut will be needed. The access may be constructed as a stabilized sod roadway, a minimum of 12 foot in width, and could tie into the closest varkine area. The stabilized sod section (a minimum of 12 inches of Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT stabilized subgrade, overlain with sod) and curb cut shall be capable of supporting emergency vehicles (fire trucks). A gate preventing access by non-emergency traffic shall have a Knox box or other means of access for emergency services. 8. Permits will be required from Palm Beach County for work performed within X the Congress Avenue right-of-way and shall be required prior to issuance of any building permits issued by the City of Boynton Beach.. UTILITIES Comments: 9. All utility easements shall be shown on the site plan (LDR, Chapter 4, X Section 7.A.3) and landscaping drawings (as well as the Conceptual Paving, Drainage, Water and Wastewater Plan sheets) so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 10. 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)). A single 8-inch stub connection to the existing 8-inch water main along Congress Avenue does not provide this requirement. It is suggested that a second connection to the 8-inch water main along Congress Avenue be provided on Sheet 2 of 3 of the Conceptual Paving, Drainage, Water and Wastewater Plans. Comments: 11. 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 54.3. 12. 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. POLICE DEPARTMENTS INCLUDE I REJECT Comments: None I X ENGINEERING DIVISION Comments: 13. Show proposed site lighting on the Site and Landscape plans (LDR, Chapter X 4, Section 7.B.4.) The applicant indicated that this would be provided at the time of permitting. This information is required at the time of TRC review and must be received and reviewed prior to forwarding to the Planning & Development Board. 14. A Lighting Plan including photometrics, pole wind loading, and pole details X 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 II, Section A.l.a. and Florida Building Code). Add a note that the fixtures shall be operated by photo-electrical control and shall remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a) Include pole wind loading, and pole 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 on the Lighting Plan. Artificial lighting used to illuminate any property shall be directed away from all residential districts. 15. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A. 1 .b). 16. The City has an irrigation system in the medians on Congress Avenue. Any X damage to the irrigation system or to landscaping as a result of irrigation system damage due to the contractor's operations during construction shall be the repair and/or replacement responsibility of the contractor. Indicate this information by note on the plans. 17. At a minimum, existing and proposed elevations are required on the X Conceptual Paving, Drainage, Water and Wastewater Plan in accordance with the LDR, Chapter 4, Section 7.F. Full drainage plans, in accordance with the LDR, Chapter 6, Article IV, Section 5, will be required at the time of permitting. 18. On the Conceptual Paving, Drainage, Water and Wastewater Plans, indicate X the proposed locations and approximate lengths of the exfiltration trenches as indicated in the legends. This information may be provided at the time of permitting. 19. Permits may be required from FDEP, SFWMD, etc. for work adjacent to X and on the lake tract and conservation area. The applicant shall show that an environmental evaluation has been made, the appropriate agencies have been notified, and that they concur with the proposed construction. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 20. Based upon environmental findings additional details and/or cross-sections X may be required, at the time of permitting, between the developed site and the conservation/preservation area to ensure protection from stormwater runoff. BUILDING DIVISION Comments: 21. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 22. To properly determine the impact fees that will be assessed for the three- X story pool/clubhouse, provide the following: Submit a notarized affidavit on the letterhead of the property owner, company or association. The letter shall list and contain an answer to the following questions. a) Will the pool/clubhouse building be restricted to the residents of the entire project only? b) Will the residents have to cross any major roads or thoroughfare to get to the pool/clubhouse/recreation building? c) Will there be any additional deliveries to the site? d) Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the county send the City a copy of their determination of what impact fees are required for the pool/clubhouse/lease office building. PARKS AND RECREATION Comments: 23. The plans indicate that there will be 340 multi-family units in this X development. According to Chapter 1, Article V, of the Land Development Regulations the formula for multi-family homes is applied towards the calculation of the Park and Recreation Facilities impact Fee as follows: 340 multi family units X $656 each = $ 223,040 24. The fee is due at the time of the first applicable building permit. Under the X most recent revision of the code no provision exists to grant credit for private recreation / open space provided. FORESTER/ENVIRONMENTALIST Comments: I DEPARTMENTS INCLUDE I REJECT Existin~ Trees 25. Indicate on the landscape plan the existing desirable trees that will be X preserved in place, relocated or removed / replaced on the site. These trees are in addition to the Landscape Code required trees and should be indicated with a symbol. [Environ. Regs, Chpt. 7.5, Sec. 7.C.] 26. Prepare a document outlining how the existing trees on the site will be X maintained during site development to keep the trees protected and healthy. [ Environ. Re gs. Chpt. 7.5, Sec. 12,15,16. ] Lakes and Wetland 27. Design a buffer of native littoral and upland trees / vegetation along 50% of X the perimeter of the two lakes. This includes the Conservation Easement Area 6.5 acre Wetland Mitigation tract. [Comp. Plan. Policy 4.4.4.] 28. Prepare a document outlining how the native littoral and upland trees / X vegetation will be maintained on the site. [ E & A Report Sec. 3.2.7.2.2 a,c] PLANNING AND ZONING Comments: 29. The approval of this site plan is contingent upon the approval and final X adoption of both the Rezoning to Planned Unit Development (PUD) and Land Use Amendment to High Density Residential (HDR). 30. The site plan must show the dimensions of the driveway. Extend the X medians to the property line so that it complies with code. 31. Any proposed walls, fences, enclosures and similar incidental site structures X shall resemble, with respect to color and materials, the design of the principal buildings and shall be integrated with other site elements (Chapter 9, Section 10.E.3.). 32. Above ground mechanical equipment such as exterior meters, utility boxes X and transformers shall be visually screened (Chapter 9, Section 10.CA.). Equipment placed on the walls of the building shall be painted to match the building color. 33. Indicate the location of the A/C units on the landscape plan to insure proper X screening. 34. At time of building permit provide final landscape plan showing specific X selection, the counts, and label each symbol with tree counts and species. 35. Although tabular data indicates that the total proposed planting material X would exceed the total planting material required, lack of specific planting species identification particularly along project perimeter and entrance prevent the determination of project appearance. This will require greater review, and possibly requirements at permit stage to insure optimal project appearance (i.e. species, location of species, color, and consistency with adjacent properties). Conditions of Approval 6 DEPARTMENTS INCLUDE REJECT 36. Site lighting must satisfy the minimum average light level of one (1) foot X candle (Chapter 23, Article II A. 1 .a.). 37. Revise the plant materials tabular data to show that shrubs shall be planted X "tip to tip". 38. At least fifty (50) percent of site landscape material must be native species. X Indicate on the plant materials tabular data the overall percentage of native plant material. 39. Indicate on the site plan and landscape plan the ten (10) foot site triangles at X the entranceway (Chapter 7.5, Article II, Section 5.H. 1 .). 40. Landscaping at project entrances shall contain a minimum of one (1) X "signature tree" on both sides of the entrances (Chapter 7.5, Article II, Section 5.N.). Note that signature trees do not contribute toward the total number of required perimeter trees or parking area interior landscaping. Provide one (1) additional signature tree, such as Yellow Elder, Tibouchina Granulosa, or Bougainvillea at each side of the project entrance. These signature trees shall have a minimum of six (6) feet of clear trunk to preserve the sight area. 41. If a fence is required around the pool/clubhouse area provide a detail of the X fence including dimensions, material, and color (Chapter 4, Section 7.D.). 42. Indicate by a note the location of the mail kiosks for the entire development. X 43. No signage was submitted with these plans. Any proposed sign will require X separate review and approval by the Planning and Development Board. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 44. Revision of comment # 7. Staff strongly recommends construction of a X secondary access to the development. The secondary access should be placed in the southwest comer of the subject property (for access from Congress Avenue). A curb cut will be needed. The access may be constructed as a stabilized sod roadway, a minimum of 12 foot in width, and could tie into the closest parking area. The stabilized sod section (a minimum of 12 inches of stabilized subgrade, overlain with sod) and curb cut shall be capable of supporting emergency vehicles (fire trucks). A gate preventing access by non-emergency traffic shall have a Knox box or other means of access for emergency services. Alternative, utilize the adjacent L.W.D.D. canal right-of-way if approved by the City and L.W.D.D.. ADDITIONAL CITY COMMISSION CONDITIONS DEPARTMENTS 1 INCLUDE REJECT Comments: I 1. To be determined. I S:\Plannmg\SHARED\WP\PROJECTS\South Congress Resiflential~NWSP 02-017\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Jefferson @ Boynton Beach APPLICANT'S AGENT: Jaime Gentile - Kilday & Associates, Inc. APPLICANT'S ADDRESS: 1551 Forum Way Suite 100A West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 3, 2002 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for 340 multi-family apartments on a 32.16 acre parcel in a proposed PUD zoning district. LOCATION OF PROPERTY: South of Golf Road, east side of South Congress Avenue adjacent to south city limits. 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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". 4. 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. 6. 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\PROIECTSk/efi=erson ~ Boynton~,/WSp 02-017~DO doc City Clerk VII.-CONSENT AGENDA O CITY OF BOYNTON BEACI ITEM D.3 AGENDA ITEM REQUEST FO 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 Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February a,, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18, 2003 March 3, 2003 (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: Please place this request on the December 3, 2002 City Commission Agenda under Consent Agenda. The Planning & Development Board with a unanimous vote, recommended that the subject request be approved subject to changes in condition #15 to accommodate flexibility in national tenant signage, and a new condition correcting reqmred parking spaces. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-246. EXPLANATION: PROJECT: Staples (NWSP 02-018) AGENT: Bradley Miller, AICP, Miller Land Planning, Inc. OWNER: Woolbright IV, LLC LOCATION: Shoppes of Woolbright PCD (Portion of Tracts "A" and "E". DESCRIPTION: Request for new site plan approval for a 30,438 square foot retail store on a 4.10 acre out- parcel ia the Shoppes of Woolbright PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~-~~~ ALTERNATIVE~//~'~,. ~(~z~N/A De{e~[op"r~e~t~2)epartm~nt Director ' City Manager's Signature Planning and Zoning~a'ector City Attorney / Finance / Human Resources S:q3ULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-246 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION November 14, 2002 DESCRIPTION OF PROJECT Project Name/No.: Staples / NWSP 02-018 Property Owner: Wootbright IV, LLC Applicant: Staples c/o Interplan, LLC Agent: Bradley D. Miller, AICP / Miller Land Planning Location: A portion of Tract "E", Shoppes of Woolbright P.C.D. Land Use/Zoning: Local Retail Commercial (LRC) / Planned Commercial Development (PCD) Type of Use: Retail Project size: Site Area: 178,791 square feet (4.04 acres) Building area: 30,438 square feet (17%) Pervious area: 39,522 square feet (22%) ~djacent Uses: (see Exhibit "A" - Location Map) North - Right-of-way for Purple Heart Way, farther north are apartment homes with a High Density Residential (HDR)land use designation and zoned Planned Unit Development (PUD); South- Drive-aisle and parking area for The Shoppes of Woolbright PCD with a Local Retail Commercial (LRC)land use designation and zoned Planned Commercial Development (PCD); East- Drive-aisle and parking area for The Shoppes of Woolbright PCD with a Local Retail Commercial (LRC)land use designation and zoned Planned Commercial Development (PCD); and West - Right-of-way for Southwest 8th Street, farther west are apartment homes with a High Density Residential (HDR) land use designation and zoned Planned Unit Development (PUD). Site Characteristics: The subject site is a vacant square-shaped outparcel located in the northwest corner of the Shoppes of Woolbright Planned Commercial Development (PCD). The lot fronts on the northbound lane of Southwest 8th Street. The Expo store and its related parking areas are directly to the east. According to the survey, the highest elevation is 19.44 feet, which is the approximate area of where the building is to be constructed. The site is cleared of all vegetation except for the Live Oak trees and Red Tip Cocoplum hedges installed along Southwest 8~ Street and five (5) clusters of Earleaf Acacia, which are located near the northeast comer of the lot. -Pa~e 2 Staples - Site Plan Review Staff Report Memorandum No. PZ 02- 246 'roposah This proposal is to construct two (2) commercial buildings for a total of 30,438 square feet on 4.04 acres. Staples will occupy 20,388 square feet of the main building. The remaining portion (4,200 square feet) will be used as leased retail bays. At this time, it is unknown what businesses will occupy the retail bays or the 5,850 square foot stand-alone building. The entire project is to be constructed in three (3) phases (see Exhibit "B" Proposed Site Plan). According to the site plan, Phase One will consist of the Staples building and the entire project's infrastructure (paving, drainage, curbing, site lighting, landscaping, and irrigation). The 4,200 square foot addition to the Staples building will be built in Phase Two. The stand-alone 5,850 square foot retail building will be constructed in Phase Three. 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. At this time, the project is still under review and staff has not yet received confirmation from the Traffic Division that it meets the Traffic Performance Standards of Palm Beach County. The project must be approved by the Traffic Division pdor to the issuance of a building permit (see Exhibit "C" - Conditions of Approval). b. Drainage - 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. ~riveways: There is an existing access ddve for the Shoppes of Woolbright located just south of the subject property. This access ddve will not be altered due to the development of this project. However, an additional point of ingress / egress onto Southwest 8® Street is proposed. This 27-foot wide opening will be located approximately 270 feet north of the existing main entrance and allow for ingress and right-turn only egress. In addition, three (3) points of access are proposed along the PCD's existing access aisle (west of the Expo store and related parking areas). The northernmost driveway will exceed the maximum width allowable (44 feet). An administrative waiver for the driveway width was granted by the Engineering Department. The other two (2) access points will be 27 feet in width and comply with Chapter 23, Article II.H.1 of the Land Development Regulations. Parking Facility: A total of 153 parking spaces (6 handicap spaces) are required for the proposed retail use based on the ratio of one (1) space per 200 square feet of gross floor area. The total number of parking spaces provided equals 184 spaces, of which, eight (8) spaces are designated for handicap use. All 90° spaces will be dimensioned nine feet by eighteen feet (9' x 18') and will include wheelstops. All parking spaces will have a backup area of 27 feet in width. The parking spaces and drive aisles will surround all sides of the smaller retail building. Parking areas are proposed on the east and south sides of the Staples / retail building. All handicap spaces will be located in the front of the buildings, closest to the proposed building entrances. The project will provide for pedestrian / handicap access to the sidewalk along Southwest 8th Street. Stdping will extend from the front of the stand- alone building westward across the parking tot to the sidewalk on Southwest 8~h Street. '.andscaping: At present, the site has been cleared and is absent of all vegetation or specimen trees. As previously mentioned, clusters of Earleaf Acacia trees are located near the northeast corner of the parcel. As proposed, the landscape plan exceeds the minimum landscape requirements as set forth in the City Code. The proposed pervious or "green" area is 39,522 square feet or 22% of the total site. Page 3 Staples - Site Plan Review Staff Report Memorandum No. PZ 02- 246 Since the subject site is located within the confines of the Shoppes of Woolbright PC~ master plan, a landscape buffer 25 feet in width has already been established on the north side of the outparcel. This Staples site plan application will determine all proposed landscaping within the boundaries of the commercial site. To be consistent with the existing trees along Southwest 8th Street, eight (8) Live Oak trees are proposed along the northern property line within the 25-foot wide PCD landscape buffer. A row of Redtip Cocoplum hedges are proposed along the base of the building, facing Purple Heart Way. Proposed directly to the west of the Staples building will be a cluster of Washington palm trees. The west landscape buffer will be 10 feet in width. The existing Live Oak trees and Cocoplum hedges will remain and clusters of False Heather and Day Lily are proposed at their bases. The proposed entrance along Southeast 8t* Street wilt contain the signature trees (Yellow Elder), six (6) Washington palms, and Indian Hawthorne groundcover. The buffer along the south property line adjacent to the main access drive of the PCD will be seven (7) feet in width. It will have seven (7) Live Oak trees and a row of Redtip Cocoplum hedges. The east landscape buffer will separate the Staples parking area from the PCD's existing access aisle. It will have 13 Dahoon Holly trees and a row of Redip Cocoplum hedges. The entrances along this access aisle will have Washington palms and Indian Hawthorne. All trees will be planted every 30 feet in the required front and side landscape buffers. The intedor and terminal landscaped islands in the parking areas will contain Washington palms, Dahoon Holly, or Buttonwood trees. Some terminal islands will contain Indian Hawthorne. The front of the Staples building will contain six (6) planters each containing a single Pygmy Date palm tree. Staff recommends installing double or triple-trunked Pygmy Date palm trees within the planters (see Exhibit "C" - Conditions of Approval). No landscaping is proposed around the dumpster enclosure because it will eventually be nestled between the Staples building and Phase Two of the retail portion. Staff recommends, however, that a row of native hedges be installed (on a temporary basis) along the south side of the dumpster enclosure pdor to commencement of Phase Two construction (see Exhibit "C" - Conditions of Approval). Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. According to the floor plan, the Staples building (Phase One) will be approximately 144 feet in width by 137 feet in depth. No dimensions were given for Phase Two or Phase Three. The proposed buildings will be one-story structures. The top of the parapet wall (fiat roof) of the Staples building (Phase One) is proposed at 41 feet in height although most of the building height will range between 26 feet and 31 feet. According to the elevations, the height of the Phase Two portion of the main building will be 26 feet. No elevations were provided for Phase Three. Phase Three will require separate site plan review and approval. The outdoor freestanding lighting fixtures will be made of concrete and be 35 feet in height. A note on the photometric plan indicates that the lights will remain "on" until 2:00 a.m. Community Design: The architectural style of the proposed buildings can be described as typical big-box design. In order to enhance the overall appearance, the parapet walls of the Staples building will be staggered in height. The front fa(;ade will also have entry columns and a masonry "brick" base. The cornices will be painted tan (ICI #143 - Obelisk). The brick bottom will be painted brown (ICI #142 - Brown). These colors will accent the cream main wall color (ICI #147 - European White). The front fa(;ade will also contain red ceramic tiles where "Staple" sign is to be located. Other decorative features include eight (8) feet by eight ~_, feet red diamond accents proposed on all sides of the Staples building and red aluminum and glass storefront system. No dimensions, colors, or materials were indicated for the · P~ge 4 Staples - Site Plan Review Staff Report Memorandum No, PZ 02- 246 windows or doors. In striving to promote greater compatibility between the buildings within the Shoppes of Woolbright PCD, staff recommends that the exterior finish and proposed colors of the Phase Three building be matched with the Staples building (tan, cream, or brown) or the other buildings of the PCD. Staff also recommends that the Phase Three building should be designed more compatible with the Staples building, rather than the other buildings of the PCD due to its close proximity with the Staples building (see Exhibit "C" - Conditions of Approval). It is staff's conclusion that this limitation would ensure a desirable, harmonious appearance for the Phase Three building and how it relates to rest of the site. $ignage: One freestanding monument sign is proposed at the northwest corner of the site. This additional monument sign will require a modification to the Shoppes of Woolbright PCD sign program. Therefore, this site plan will also serve to formally modify the sign program. The monument sign will be seven (7) feet in height and a total of 64 square feet in area. The "Staples" portion will be 32 square feet in area, while the anticipated four tenant signs will be 8 square feet in area. All signs will be internally lit signs. As proposed, the colors (ICI #143 - Obelisk and ICI #142 - Brown) and material of the sign base will match the Staples building. Staff recommends that the proposed monument sign be more compatible to the Dunkin Donuts / Togo's / Tuscanini monument sign with special emphasis on shape: material used, color, and design. Staff also recommends that the letters of the tenant signs be the same font and color as that of the "Staples" portion of the sign (see Exhibit "C" - Conditions of Approval). A "Staples" backlit wall sign is proposed on the south (front) facade. The individual tenant signs are proposed on the south (front) and east sides of the building. The "Staples" sign will have white channel letters and total 206 square feet in area. As currently proposed, there is no distinction between the actual wall sign and the wall panel on which the sign is proposed. The red-tile background area could be construed as part of the sign and should therefore, count towards wall signage area. If this were the case, it would far exceed the maximum allowable sign area. Staff recommends reducing the red tile area (background) to more closely match the lettering area. As an alternative, staff would support reducing the size of the "Staples" sign letters (see Exhibit "C" - Conditions of Approval). After completion of Phase Two construction, the tenant sign on the south (front) facade will be 66 square feet in area. The applicant anticipates two (2) other tenants on the ease facade. Each of those tenant signs will be 75 square feet in area. The number of different lettering styles on tenant signage on multiple buildings and their outbuildings shall be limited to the lettering styles of the nationally registered copy of all tenants located within the building or outbuildings (Chapter 9, Section 10.1.8). Staff recommends that the tenant signs (Phase Two) be matched with the "Staples" sign (Phase One) in terms of lettering font, color, and sign type. RECOMMENDATION: Staff recommends approval of the site plan, 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: Central File S:\Planning\Shared\Wp\Projects\Shoppes of Woolbdght - PCD\Staples - NWSP 02-018\Staff Report.doc Location Map STAPLES EXHIBIT "A" PUD >~ -~------ . -~ M1 ---~ PUD "~ ~~ ~ - r1'1 · _ - 5 _~ ~PCD -~-~ C3 ~ ~ ~ 600 ~ F~et W~ EXHIBIT "B" ~"'I '"I i~I~' ~ ?-'-"'~'"'"' ~ .... , / -[ ; ~, ,it, iii ~' [ ._ "~ ......... ~ ..... ~ .~ ' :f, , ' -- : i " lfi'F' l[ ~~-~-, !ti !I. :~ EXHIBIT "B" - , ' '~1 , , ............ ~ ~' ~ J'~ ,~ I; ,Il · I - , :! !{ iii " ~I. d EXHIBIT "B" EXHIBIT "B" EXHIBIT ~"B" EXHIBIT "B" ~i~!!i[ Il STAPLES ' EXHIBIT "B" [ '1~ ~]hhi[ l! 8TAP[E~ ~,rl,' ~1--,---. '~' ,," .,,' t,li EXHIBIT "B" · EXHiBiT"iB" EXHIBIT "C" Conditions of Approval Project name: Staples File number: NWSP 02-018 Reference: 3rd review plans identified as a New Site Plan with a November 12, 2002 Plannin~ and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. The dumpster will be supplied by Public Works. PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 2. 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 W, 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 W, Section 16 requires that all points on each building be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the proposed plan meets this condition, by showin~ all hydrants. Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: COA 11/27/02 z DEPARTMENTS INCLUDE REJECT 3. At time of permit review, submit signed and sealed working drawings of the X proposed construction. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 4. A cross access agreement is required. Provide the documentation prior to the X issuance of a building permit. 5. Install a row of native hedges along the south side of the dumpster enclosure X (on a temporary basis) until commencement of Phase Two of the project. Afterwards, these hedges can be relocated to another portion of the site. 6. The traffic impact study must be approved by the Palm Beach County Traffic X Division prior to issuance of a building permit (Chapter 4. Section 8.F.). 7. The proposed paint colors for the subject building(s) should be compatible X with the Home Depot and Expo buildings. 8. Although, the separate "future retail" elevations were not included with this X application, the building will be required to achieve visual unity of character and design through the relationship of building style, texture, color, materials, and form with the Staples, Home Depot, and Home Expo buildings (Chapter 9, Section 9.B.). 9. Signs shall be designed and treated as part of the architecture of a building X and shall be reviewed at time of site plan review (Chapter 9, Section 10.C0. Staff recommends that the tenant signs (Phase Two) be matched with the "Staples" sign (Phase One) in t~,-c~s of lettering font, color, and sign type. 10. Staff recommends installing double or triple-trunked Pygmy Date palm trees X within the planters. 11. Staff recommends that a provision should be made during Phase Iff of the X project to incorporate groundcover plants along all sides of the 5,850 square foot building. COA 11/27/02 3 DEPARTMENTS INCLUDE REJECT 12. Since no elevations of the Phase Three building were provided with this X [ submittal, staff recommends that the future exterior finish and color scheme of the Phase Three building should be such that it is compatible with the Staples building and / or the other buildings within the PCD. Greater emphasis should be placed on matching the colors and exterior finish with the Staples building rather than the other buildings of the PCD due to its close proximity with the Phase Three building. 13. Staff strongly recommends that the overhead bay door proposed on the east X facade of the Staples building be painted either tan, cream, or brown rather than bright red in order to match the main building colors. 14. Staff recommends reducing the red tile area (background) to more closely X match the lettering area. As an alternative, staff would support reducing the size of the "Staples" sign letters. 15. Staff recommends that the proposed monument sign be more compatible to the Dunkin Donuts / Togo's / Tuscanini monument sign with special X emphasis on shape, material used, color, and design. Staff also recommends that the letters of the tenant signs (of the proposed sign) be the same font and color as that of the "Staples" portion of the sign and that the address be placed on top of the sign. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 16. Revision of comment # 15. Staff recommends that the proposed monument X sign be more compatible to the Dunkin Donuts / Togo's / Tuscanini monument sign with special emphasis on shape, material used, color, and design. On the monument sign, the font and colors of the lettering for the tenant portion of the sign shall be compatible w/th the "Staples" portion (excluding copy for nationally registered tenants). 17. Based on the area of the proposed buildings, the minimum required number of parking spaces shall be 155 spaces. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be detemtined. MWR/sc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Staples APPLICANT'S AGENT: Bradley D. Miller, AICP / Miller Land Planning APPLICANT'S ADDRESS: 933 Lee Road Orlando, Flodda 32810 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: 12/03/02 TYPE OF RELIEF SOUGHT: Request site plan approval for the construction of two (2) commercial buildings for a total of 30,438 square feet on 4.04 acres. LOCATION OF PROPERTY: A portion of Tract "E", Shoppes of Woolbright PCD 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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". 4. 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~Plannmg\Shareci\W~\Projects\ShopDes of Wo~bngt~t - PCD\Slaples - NWSP 02-018\DO.cloc VIII. - CITY MANAGER'S REPORT O CITY OF BOYNTON BEA( ITEM A AGENDA ITEM REQUEST FORM Reqaested City Commission Date Final Form Must be Tamed Requested City Comm~sston Date Final Form Must be Fumed Meetmo_ Dates m to City Clerk's Oftice Meeting Dates m to City Clerk's Or'rice [] December 3. 2002 No~ember 18, 2002 INoon~ [] FebruaDr 4, 2003 Januar.', 21. 2003 tNoon} [] December 17. 2002 December 2. 2002 (Noon) [] February. 18. 2003 February 3. 2003 t Noon) [] Januao, 7, 2003 December 16. 2002 [Noon) [] March 4, 2003 February 18. 2003 tNoon} [] January. 21, 2003 January 6, 2003 (Noon.) [] March 18.. 2003 March 3. 2003 (Noon) [] Administranve [] Development Plans . ~. NATURE OF [] Consent Agenda [] New Business ~r~ AGENDA ITEM [] Public Hearing [] Legal -.- [] Bids [] Unfinished Business c: [] Announcement [] Presentation - ~ [] City Manager's Report ~.,.., ._'"' RECOMMENDATION: Discussion regarding City cornnussion representation at the following organizations: Palm Beach County League of Cities, Metropolitan Planning Organization. Coalition of Boynton West Residents Association and Multi-Jurisdictional Issues Coordination Forum. EXPLANATION: Attached is a listing of current representation as well as a brief synopsis of each organization. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature City Manager's Signature Department Name City Attorney/Finance ' Human Resources S: BULLETIN'FORMS'AGENDA ITEM REQUEST FORM.DOC 2002 Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self-government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. The membership term is one year. Meets 4th Wednesday @ 10:30 p.m. at various locations. Representative - Charlie Fisher Alternate - All Commissioners And City Manager Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and address short- term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th Floor Conference Room of the Governmental Center. Representative -]erry Broening Alternate - All Commissioners Coalition of Boynton West Residents Association The Coalition of Boynton West residential Associations is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 2® Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Ron Weiland Alternate - Charlie Fisher Multi-3urisdictional ]ssues Coordination Forum The Multi-Jurisdictional l~ssues Coordination Forum has been in place for five years under the auspices of two interlocal agreements that were signed by all municipalities, The School board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local government decides the length of the term. Representative- Mike Ferguson Alternate - Charlie Fisher April, 2002 MayorCom/Organizations · VIII.-CITY MANAGER'S REPORT CITY OF BOYNTON BEAC ITEM B. AGENDA ITEM REQUEST FORM Requested Ci.ty Ccmnmssion Dale Final Form Must be Turned Requested Ciw commtssion Date Final Form Must be Turned Mcetmg Dates m to city Clerk's Office Meeting Dates in to Ci~' Clerk's Office [] December 3, 2002 No,~mber 18, 2002 [N,x~n) [] February 4, 2003 Januaxy 21, 2003 (Nt×m) [] Deceml~r 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (No~m) [] January7,2003 Deeemberl6,2002(Noon) [] March4,2003 FebruarylS, 2003(Noon) [] January. 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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: Review of"Strategic Plan for Special Events" by Commission and endorsement of plan by motion as appropriate. EXPLANATION: The City's Public Affairs Director, Wayne Segal, has prepared a document titled "Strategic Plan for Special Events," dated November 13, 2002. The purpose of the report is to establish a definition for special events, guidelines for self-funding of evems, location of evems and direction for future evems through the establishment of a governing body to help identify, design and fired furore special events through a community endowment fired. The report details an objective to offer events in many locations in the City with a goal of creating "city-wide events that celebrate cultural diversity and stimulate economic development in partnership with business and community members." (From Mission Statement on page 1 ) PROGRAM IMPACT: This is the first year of the program. Discussion and direction by the City Commission will help define program goals and objectives. FISCAL IMPACT: Funding for special events have been incorporated imo the budget for the Public Affairs Department. However, long-range funding has not been established pending development and refinement of program options. ALTERNATIVES: Restore special events as an extension of the Recreatio~ Department as a City-funded endeavor. Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources DRAFT Strategic Plan For Special Events October 3, 2002 Rev: November 13, 2002 DRAFT Table of Contents Overview First Steps Mission Statement Events With a Purpose .............................................................................................. 1 Restructuring Event Support ..................................................................................... 2 The Transition Year Activities 2002-2003 ................................................................................................. 3 Caribbean Experience Season of Peace ............................................................................................. 4 Holiday Lights Tour State of the City ............................................................................................ 5 District Events Concert on the Green Independence Day July 4 .............................................................................. 6 Summary ................................................................................................................... 6 Addendum I: Boynton Beach Endowment Trust ...................................................... 8 Addendum II: Enterprise Business Model & Criteria ............................................... 9 DRAFT OVERVIEW Linda Surbeck, author of the book Creating Special Events, defines a special event as "a happening that is created to bring people together for a particular purpose." "Special" means unusually good or extraordinary, something not to be missed. A special event, then, is a uniquely planned function with a distinct purpose. Traditionally, that purpose was to instill community pride and pull residents together by giving them a sense of"place" or identity. This was accomplished by focusing on entertainment for the amusement of citizens. Moving forward, there has been a marked paradigm shift among event creators that special events must distinguish themselves from recreational functions by directing each task to provide a tangible return of investment, which can then be measured by increased opportunities for economic development. That same principal should apply in Boynton Beach where events can become a catalyst for development and not burden the taxpayer. The events themselves should begin to break even and ultimately generate a positive revenue stream that is used to build a community endowment fund that benefits the community and its further development. Through planning committees, special events can involve all stakeholders in directing the City's future growth and development and act as the "glue" that binds together the City, its citizens and the business community. This document provides a blueprint for a change in the way that special events are perceived, planned, supported, managed and executed that will produce positive results for all stakeholders. FIRST STEPS Our first task was to develop a strategic plan for the department. Working with the Organizational and Strategic Development department, we defined the mission, goals and objectives of the Special Events unit in order to provide staffwith a structure for performing their specific duties and a direction for achieving a department-wide strategic vision. MISSION STATEMENT "To create citywide events that celebrate cultural diversity and stimulate economic development in partnership with business and community members that will result in an investment in human capital through a community endowment fund." EVENTS WITH A PURPOSE As a unit of the Public Affairs department, special events will have as its strategic business focus economic development. The purpose of special events will be to return value to the community by enhancing economic development opportunities and to cOntribute to a community fund that administers resources for projects on behalf of the DRAFT City of Boynton Beach. This will be accomplished by focusing on events that portray Boynton Beach as an interesting place in which to live, visit and do business. The department will seek to emphasize opportunities for economic development, both in the redevelopment and renewal of Ocean Avenue and by the introduction of outside interests to the area to encourage new investment. Special events will work closely with the Community Redevelopment Agency (CRA) and the Greater Boynton Beach Chamber of Commerce (Chamber of Commerce) to form partnerships with local businesses in planning and implementing events and in the creation of opportunities designed to benefit new, existing and expanding businesses. Communities will feel a sense of ownership by putting their signature on events through their inclusion, involvement and participation as directors, committee members and volunteers. Events will be focused on attracting outside interests to the City by showcasing city services and providing unique experiences that will improve the quality of life, particularly by interweaving more tightly the threads of cultural diversity that exist east and west of the 1-95 barrier. This means pursuing innovative and creative ideas that address the cultural diversity in the City. We have already begun to do this through the Caribbean Experience, an economic development and cultural initiative that reaches out to the large island population in the City and is designed to bring about a sense of community inclusion. We began the Caribbean Experience in partnership with the Islands of the Bahamas and leveraged a cultural relationship into an opportunity for a trade mission. In a similar manner, we opened talks with the island nation of Jamaica around a cultural experience that we will soon expand to trade mission status. We envision special events as a unit of government that is able to communicate with other governments and open the door to opportunity, which our partners, the CRA and Chamber of Commerce, can cultivate and develop. In this type of arrangement, we can better involve our present and future sister cities in a more visible and meaningful role. It will widen the avenues for exchange experiences by introducing other cultures. When well conceived and planned, celebrations and entertainments can bring rewarding dividends to the community. They can reflect a city government that values diversity and is inclusive of all cultures. In turn, this has an impact on the quality of life and the caliber of city services. In short, if we can demonstrate to people that we are working on their behalf, then we will have their support and attract even more people, which will benefit new and existing businesses. RESTRUCTURING EVENT SUPPORT How do we plan to restructure special events and why are we diverting from previous practice? The United States is facing one of the longest slumps in economic growth in the country's history. New federal bodies such as the Office for Homeland Security and support of our troops overseas is diverting funds from states and local municipalities. In Florida, a state which depends heavily on sales tax revenues, projections are down with a concomitant reduction in state revenue sharing funds. The result is that cities like 2 DRAFT Boynton Beach must look more closely at expenditures and seek to link events to a strategic plan that identifies a purpose for each one and examines each one through the magnifying glass of a cost benefit analysis. The City has traditionally underwritten the cost of entertainment for its citizens and will continue to do so through the Recreation department.~ However, in spinning off special events from the Recreation department, the Special Events unit must now through necessity seed its events. Through its work with the community, the unit must involve the business community and citizens to give them a larger stake in the ownership of events and in deciding what and how these events should evolve and develop. Whereas events have been concentrated in the east section of the City, it is imperative that we use special events as a link to tie the eastern and western communities together to avoid a fractioning of interests and promote a cohesive community. THE TRANSITION YEAR The year 2003 will be a transition year in which the City will continue to support some traditional functions while at the same time changing their appearance to ensure that they serve a specific purpose, be self-sustaining, promote cultural awareness and involve the community. The year 2004 will reflect the transition when the special events will be planned and organized by a governing body of business and community members and where each event will be directed and supported by business and the community at large with the help of a corps of volunteers. This design is intended to reach out to the community and to involve them more deeply in affairs that affect their well-being and the quality of life of the population. With input from the City Commission, the City Manager and other appropriate entities, letters of invitation will be issued to the Chamber of Commerce, Ocean Avenue proprietors, proprietary businesses and mall enterprises to help in the selection of the governing body for the events committee and for individual committees for the events. ACTIVITIES 2002-2003 October 2002 Oceanfront Concert Series/Bahamian Junkanoo November Oceanfront Concert Series December Season of Peace (Tree lighting, festival and parade) Holiday Lights Tour Concert (Mangrove Walk at the Marina) January 2003 State of the City ~ Possible sources of funding include corporate fundraising, enhanced sponsorships, challenge grants, conditional gifts, auctions, joint ventures and parmerships with other public and private entities. 3 DRAFT February District II event March District III event April Oceanfront Concert May Concert on the Green (golf course) June District I event July Independence Day August District IV event September Planning month CARIBBEAN EXPERIENCE As discussed previously, the Caribbean Experience is an ancillary theme that is intended to create opportunities for the CRA, Chamber of Commerce and business through trade missions to the Caribbean and to encourage tourism and entrepreneurs to relocate to the Boynton area. The Caribbean Experience began on September 14, 2002, with the Bahamas at City Hall in the Mall. The Bahamas Tourism Board, in collaboration with Discovery Cruise Lines, staged a display and drawing for cruises to the Bahamas with a grand prize to be awarded at the October 18 Oceanfront Concert. The promotion will continue at the mall on October 12 and on October 18 at Oceanfront Park where there will be an authentic Bahamian Junkanoo festival with native music, food and crafts. In exchange for the City's assistance, the Tourist Board of Grand Bahamas will arrange a trade mission opportunity. As a leader in the local Bahamian community, Lena Rheiming, director of the City's Head Start Center, has been an active participant in the project. Although the Oceanfront Concert series does not meet the criteria established for value added to special events, arrangements for it have already been put in place. It is not the intention of the Public Affairs department to overturn the special events programs but to more carefully filter those programs and encourage those that are based on the value they bring to the City and the community. SEASON OF PEACE Season of Peace is a traditional-type holiday activity that is produced by the City and includes a tree lighting ceremony and a parade, which will be enhanced this year by a festival that is being contemplated by the CRA and the downtown business association as an add-on activity to a Chamber of Commerce event. It will include a festival on Ocean Avenue and children's activities, rides and games. These events will complement the parade, which will take place on 4 DRAFT Congress Avenue. By staging events in both the east and the west, our goal is to reach all members in the community and to expand the reach of cultural diversity. Public Affairs intends to involve the business community in the planning and development of the holiday parade. In 2003, and thereafter, a committee will select a parade theme each year and sponsors will be selected from those groups that are best represented by the theme. By changing the theme, one or more sponsors will have an opportunity to feature most prominently in the parade. As a continuation of the Caribbean Experience, the City has invited the first ever Jamaican Bobsled team to participate in Season of Peace. In preparation for this event, communication has been established with the Jamaican Consulate in Miami, the Jamaica Tourist Board and Air Jamaica. Local hotels will be involved in hosting the group and there will be opportunities for the community to meet the team members. This will open avenues to the CRA and the Chamber of commerce to expand communication with the island and to improve trade and entrepreneurial opportunities. HOLIDAY LIGHTS TOUR We will expand the route of this tour. One route will start downtown and the other will start at the Publix Plaza or the Boynton Beach Mall. Two vehicles will be in operation and each will make a halfway stop downtown and at the shopping center or the Mall for refreshments. A modest donation will be accepted for the endowment fund. Merchant coupons will be provided to participants. By expanding the route and stopping in both venues, the event will foster cross-city infiltration, direct involvement of small business and generate funds for the trust. STATE OF THE CITY State of the City is a Public Affairs produced event that is designed to inform the public in a relaxed, social atmosphere. The Mayor, City Manager, Development Director and CRA Director will host a dinner at the Women's Club or other appropriate venue for approximately 200 people who will donate $25.00. Sponsors will provide the donation for economically disadvantaged guests who wish to attend. The affairs will be catered by small businesses in the City. This event differs from the Chamber of Commerce State of the City luncheon in several ways. First, it is planned as an evening out, which will make it more convenient for people to attend who must work or who work out of the City and find it difficult to be present at a luncheon. Second, it will take a more global look at the State of the City from the viewpoints of the City Manager, Development Director and CRA Director, in addition to the Mayor. Third, an attempt will be made to find sponsors who will subsidize economically disadvantaged guests who wish to attend. DRAFT DISTRICT EVENTS To be determined by committees composed of residents and businesses in each district. These events are intended to draw on the diversity in Boynton Beach and cross-culturate the citizens. The events will provide an opportunity to showcase small and unique businesses in each district and bring business together to support economic development. CONCERT ON THE GREEN Concert on the Green has traditionally been a successful event in the west, but with no specific focus. Now, it will be expanded to target business relations. The event will be recast as a fine wine event much in the manner of the Virginia Wine and Mushroom Festival, which features arts and crafts, a children's area, a variety of food and live entertainment. For those who prefer beer, there will be an area sponsored by a beer distributor. The golf course will cater the staple fare of the evening supplemented by local vendors. INDEPENDENCE DAY JULY 4 Traditionally a warm and fuzzy event that brings the cultures together in a melting pot, July 4 will expand to an all day event with a goal to involve local businesses. The City will produce a Rib Cook Off Contest. International groups representing the heritage of the American people will provide live entertainment. The planning committee will work with the community and international clubs to locate as many nationalities as possible to provide a display of their cultural dancing and music. SUMMARY There is a marked difference between recreation and special events. While recreation focuses on entertainment for the citizens, special events directs each function to provide a tangible return on its investment as measured by increased opportunities for economic development and contributions to the redevelopment of East Boynton Beach. It generates funds to not only break even but to grow a community fund as a way to contribute to community growth. Special events can be an effective liaison between the business community and the citizens and through its planning committees involve everyone in directing the future growth and development of the City. By applying the Enterprise Business Model, and testing each event against an established set of criteria (see Addendum II), each project must justify its purpose. This model must be applied to all events to establish their value economically and as a best practice. Through its events, Public Affairs will partner with the CRA, the Chamber of Commerce, the business community and community groups to expand the expertise in events management to ensure that events appeal to all section of the community, promote economic development, promote business partnerships, open the door to trade missions 6 DRAFT and act as a development incubator. You can't create a logo, a catchy tag-line and call it a day. You have to be diligent with promoting and operating events and programs. 7 DRAFT ADDENDUM I Boynton Beach Endowment Trust The Boynton Beach Endowment Trust ("Fund for Boynton Beach") would be an administrative non-profit corporation providing program fund management servi~ ~s to promote the City of Boynton Beach. Its client services would include receipts anct management of contributions, processing payments, contracting with service providers and with others rendering project support. The fund would not give monetary grants, but rather administer funds for projects on behalf of the City and sponsor economically disadvantaged youth and entrepreneurs in educational and business ventures. The Corporation would be incorporated under the Nonprofit Corporation Law of the State of Florida and would not contemplate pecuniary gain or profit, incidental or otherwise. The nature of the activities to be conducted, and the purposes to be promoted or carried out by the corporation, shall be exclusively those with the purview of Section 501c(3) of the Internal Revenue Code of 1954 or the corresponding provisions of any subsequent tax laws of the United States. 8 DRAFT ADDENDUM II Enterprise Business Model & Criteria Will the event promote economic development and help to raise money for the endowment fund? Does the event have sufficient appeal to the public and promote the integration of cultural diversity in the City? Can we match the event to a sponsor or sponsors? Will the event contribute to breaking down the east-west barrier? Can we involve the appropriate individuals to accomplish the necessary tasks.'? Once an event has met the requirements of the Enterprise Business Model, it is then expected to meet the following criteria: To celebrate or display a specific theme One time, annually or infrequently occurring activities Must have a predetermined opening and closing, dates and times The program may consist of several separate activities ARTICLES OF INCORPORATION OF BOYNTON BEACH ENDOWMENT TRUST, INC. Pursuant to Section 617.01, et. seq., Florida Statutes, the undersigned not-for-profit corporation hereby executes the following Articles of Incorporation. ARTICLE H - CORPORATE NAME 1.1 The name of this non-profit corporation is Boynton Beach Endowment Trust, Inc., and its duration is perpetual. ARTICLE H - PRINCIPAL OFFICE AND MAILING ADDRESS 2.1 The address of the principal office is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435. 2.2 The mailing address of 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 ARTICLE IH - PURPOSE(S) 3.1 The purposes for which this corporation is formed, organized and shall always be operated arc for the purposes of receiving and administering funds and operating exclusively within the meaning and parameters of Section 501(c)(3) of the Internal Revenue Code of 1986 or comparable provisions of subsequent legislation, and specifically to promote the City of Boynton Beach, Florida. This corporation is intended to be an entity which is separate, independent and autonomous from the City of Boynton Beach and is not intended to exist or be construed as an agency or arm of the City of Boynton Beach. The principal purpose of this corporation shall also be consistent with Section 166.021(9)(a), Florida Statutes as amended from time to time regarding the State Legislature's findings and conclusions for the benefit of the residents of the City of Boynton Beach and the surrounding areas. 3.2 In cansdng out thi.q principal purpose, this corporation shall engage in the following activities in furtherance of one or more of the corporation's exempt purposes, which activities shall collectively constitute the character of affairs of the corporation which the corporation intends to conduct in the State of Florida: (1) Aiding the Boynton Beach community specifically, and the South Florida geographical area, generally, by providing administrative and monetary support for economically disadvantaged youth and entrepreneurs in educational and business ventures.; Page 1 of 4 SSG:jfk:kvb November I l, 2002 \UGC DE_FS~.JB RARY~2002~02072~-ficledncorp.doc (2) Soliciting, receiving or generating funds fi:om any source not inconsistent with the purposes of this corporation and soliciting, receiving or generating contributions, grants, gifts or subventions fi:om persons, entities or any trait or agency of government; (3) Doing and performing any and all acts as may be necessary and/or appropriate in order to carry out the stated purposes of the corporation. 3.3 Pecuniary profit, gain or private advantage is not and shall not be the object of this corporation or its officers and directors. No part of the net earnings of this corporation shall inure to the benefit of, or be distributable to, its directors, trustees, officers, or other private persons. ARTICLE IV - TERM 4.1 Corporate existence shall commence upon filing these Articles of Incorporation with the Secretary of State and the term of the corporation shall be perpetual. ARTICLE V- POWERS 5.1 The corporation shall have all of the common law and statutory powers of a corporation not-for-profit pursuant to the laws of the State of Florida that are not in conflict with the terms of these Articles, provided, however, that notwithstanding any other provision of these Articles, the corporation shall not carry on any activities not pemaitted to be carried on by an organization exempt fi:om federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or the corresponding provision of any subsequent United States Internal Revenue Law or Laws. 5.2 The corporation shall not issue shares of stock and shall not distribute any part of its income to its directors or officers. ARTICLE VI - LIMITATIONS 6.1 The corporation shall be operated exclusively for economic development purposes as a non-profit corporation. No individual or director of the corporation shall have any title to or interest in the corporate property or earnings in his individual or private capacity and no part of the net earnings of the corporation shall inure to the benefit of any director, officer, or individual. ARTICLE VII - NON-STOCK BASIS 7.1 This corporation shall have no capital stock. Page 2 of 4 SSO:jfk:lcvb November 11, 2002 \XIGCDE_FSXLIBRARYX2002\020725XArticleslnco~.doc ARTICLE VHI - MEMBERS 8.1 This Corporation shall not have any shareholders nor any members and the directors of the Corporation shall have sole voting power. ARTICLE IX - DIRECTORS 9.1 Manner of Election Of Directors. The directors shall be elected or appointed in accordance with the procedures stated in the by-laws. 9.2 Initial Directors. The names and addresses of the initial directors to hold office until the first annual meeting and/or until their successors shall have been elected and qualified are as follows: 1. Name/Address 2. Name/Address 3. Name/Address 9.3 Prooertv. The Board of Directors shall administer and distribute the property held by this corporation in accordance with the purposes of this corporation as defined in Article 1II herein and the provisions of Article I of the Bylaws. ARTICLE X - INITIAL REGISTERED AGENT AND STREET ADDRESS 10.1 The name of the initial registered agent of the corporation and the street address of the initial registered office of the corporation are as follows: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 ARTICLE XI - INCORPORATORS 11.1 The names and street addresses of the incorporator for these Articles of Incorporation are as follows: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Page 3 of 4 SSG:jtk:kvb November 11, 2002 \~lGCDE_FSYLIBRARY~2002\020725~o'ticlesIncorp.doc 11.2 All powers, duties and responsibilities of the incorporator shall cease at the time of the delivery of these Articles of Incorporation to the Secretary of the State of Florida. ..ARTICLE XII - DISSOLUTION 12.1 In the event of dissolution, the residual assets of the corporation shall be turned over to one or more organizations which themselves are exempt from federal income tax as organizations described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended or the corresponding provisions of any future United States Internal Revenue Law. IN WITNESS WHEREOF, the undersigned Incorporator has executed these Articles of Incorporation this ~ day of ,2002. JAMES A CHEROF STATE OF FLORIDA · COUNTY OF BROWARD · On this, the ~ day of ,2002 before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by JAMES A. CHEROF, ESQ., Incorporator of the Boynton Beach Endowment Trust, Inc., a Florida not-for-profit corporation, on behalf of the corporation. WITNESS my hand and official seal Notary Public, State of Florida Printed name of Notary Public Personally known to me, or Produced identification: (Type of identification produced) m Did take oath __ Did not take oath Page 4 of 4 SSG:jflt:kvb November 11, 2002 \UGCDE_FS~LIB RARY~2002\02072b~a-ticleslncorp.doc CERTIFICATE OF DESIGNATION REGISTERED AGENT/REGISTERED OFFICE Pursuant to the provisions of sections 607.0501 or 617.0501, Florida Statutes, the undersigned corporation, organized under the laws of the State of Florida, submits the following statement in designating the registered office/registered agent, in the State of Florida. 1. The name of the corpor"fion is: Boynton Beach Endowment Trust, Inc. 2. The name and address of the registered agent and office is: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 HAVING BEEN NAMED AS REGISTERED AGENT AND TO ACCEPT SERVICE OF PROCESS FOR THE ABOVE STATED CORPORATION AT THE PLACE DESIGNATED IN THIS CERTIFICATE, I HEREBY ACCEPT THE APPOINTMENT AS REGISTERED AGENT AND AGREE TO ACT IN THIS CAPACITY. I FURTHER AGREE TO COMPLY WITH THE PROVISIONS OF ALL STATUTES RELATING TO THE PROPER AND COMPLETE PERFORMANCE OF MY DUTIES, AND I AM FAMILIAR WITH AND ACCEPT THE OBLIGATIONS OF MY POSITION AS REGISTERED AGENT. SIGNATURE JAMES A. CHEROF, as Registered Agent DATE \~JGC DE_FS~IB RARYX2002~20725%aa'ticle~lncorp.doc BY-LAWS OF BOYNTON BEACH ENDOWMENT TRUST, INC. ARTICLE I - CORPORATE IDENTITY 1.01 NAME The name of the corporation is Boynton Beach Endowment Trust, Inc. 1.02 CORPORATE EXISTENCE These are the By-Laws of the Boynton Beach Endowment Trust, Inc. (herein "the Corporation"), a corporation not-for-profit organized under the laws of the State of Florida. The Articles of Incorporation were filed in the Office of the Secretary of State on 1.03 CORPORATE OFFICE The Corporation shall have its principal place of business in Boynton Beach, Florida and shall be located at , Boynton Beach, Florida may have such other places of business as the Board of Directors may designate from time to time. 1.04 REGISTERED OFFICE The Corporation shall have and continuously maintain a registered office in the State of Florida, which may be changed fi'om time to time by the Board of Directors and shall be memorialized in its corporate records. 1.05 NON-PROFIT OPERATION The Corporation shall be operated exclusively for purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended or comparable provisions of subsequent legislation (herein the "Code") and under Chapter 617, Florida Statutes, as amended (herein "Statute") as a corporation not-for-profit. No director of the Corporation shall have any title to or interest in the corporate property or earnings in his individual or private capacity and no part of the net earnings of the Corporation shall inure to the benefit of any trustee, director, officer or any member or individual. 1.06 PURPOSE Page 1 of 15 1.6.1 The purpose for which this corporation is formed, organized and shall always be operated for the purposes of receiving and administering funds and operating exclusively within the meaning and parameters of Section 501(c)(6) of the Internal Revenue Code of 1986 or comparable provisions of subsequent legislation, and specifically to promote economic development and investment in the City of Boynton Beach. This corporation is intended to be an entity which is separate, independent and autonomous from the City of Boynton Beach and is not intended to exist or be construed as an agency or ann of the City of Boynton Beach. The principal purpose of this corporation is the planning, encouraging, supporting and promoting economic development and growth through the administration of funding for projects on behalf of the City and the sponsorship of projects and programs which assist disadvantaged youth and entreepreneurs in both educational and business ventures, for the benefit of the residents of the City of Boynton Beach and the surrounding areas. 1.6.2 In caning out this principal purpose, this corporation shall engage in the following activities in furtherance of one or more of the corporation's exempt purposes, which activities shall collectively constitute the character of affairs of the corporation which the corporation intends to conduct in the State of Florida: (1) Aiding the Boynton Beach community and South Florida geographical area by attracting new businesses and industry to the City of Boynton Beach; (2) Promoting and encouraging the development, retention and expansion of existing businesses and industry in the City of Boynton Beach; (3) Planning, fostering, encouraging, supporting and promoting of economic development and growth in the City of Boynton Beach in an effort to expand the local tax base, increase local employment, and improve the general welfare, prosperity and quality of life of the residents of the City of Boynton Beach; (4) Soliciting, receiving or generating funds from any source not inconsistent with the purposes of this corporation and soliciting, receiving or generating contributions, grants, gifts or subventions from persons, entities or any unit or agency of government; (5) Doing and performing any and all acts as may be necessary and/or appropriate in order to carry out the stated purposes of the corporation. 1.6.3 Pecuniary profit, gain or private advantage is not and shall not be the object of this corporation or its officers and directors. No part of the net earnings of this corporation shall inure to the benefit of, or be distributed to, its directors, officers, or other private persons. 1.6.4 The corporation shall exercise only those powers granted or permitted to not-for-profit corporations pursuant to Chapter 617, et. seq., Florida Statutes, consistent with this corporation's status as an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. This corporation shall be prohibited from carrying Page 2 of 15 on non-exempt activities beyond the permissible limits of 501 (c)(3) of the Internal Revenue Code. ARTICLE II - BOARD OF DIRECTORS 2.01 GENERAL POWERS OF THE BOARD Subject to the limitations of the Articles of Incorporation, these Bylaws, and the Florida Not- For-Profit Corporation Act, Chapter 617, Florida Statutes, as amended, all corporate powers shall be exercised by or under the authority of the Board of Directors and the management and affairs of the Corporation shall be controlled by the Board of Directors, which is the governing body of the Corporation. The Board of Directors shall have charge, control and management of the business, property and affairs of the Corporation and shall have the power and authority to do and perform all acts and functions permitted for an organization as described in 501(c)(3) of the Internal Revenue Code which are not inconsistent with these Bylaws, the Articles of Incorporation or the laws of the State of Florida. 2.02 EMERGENCY POWERS OF THE BOARD In anticipation of or during any emergency, if a majority of the Board of Directors cannot readily be assembled because of some catastrophic event, then a majority of the Directors that can be assembled shall have the power and authority to do and perform all acts and functions, permitted for an organization described in Section 501(c)(3) of the Code and Section 617.0303, Florida Statutes, as amended, or subsequent legislation not inconsistent with these Bylaws, the Articles of Incorporation or the laws of the State of Florida. 2.03 NUMBER OF DIRECTORS Except as otherwise provided in these Bylaws, the direction and management of the affairs shall be vested in a Board of Directors (herein "Board of Directors") which shall consist of a minimum of three (3) directors. The number of directors shall be determined as provided in Section 2.05 of this Article I1. 2.04 QUALIFICATIONS OF DIRECTORS Directors must be natural persons who are eighteen (18) years of age or older. Directors need not be residents of Florida prior to their election as Directors. 2.05 APPOINTMENT AND COMPOSITION OF DIRECTORS The Initial Directors of the Corporation are named in the Articles of Incorporation. Members of the Board of Directors of the Corporation shall be elected or appointed as follows: Page 3 of 15 (a) City Commission of Bovnton Beach Anpointees: The City Commission of the City of Boynton Beach shall have the power to appoint three (3) positions of the Board of Directors, which shall consist of: HOW MANY MEMBERS OF THE BOARD OF DIRECTORS WILL THERE BE AND HOW ARE THEY APPOINTED? 2.06 TERM OF OFFICE Each Director shall serve his term of office and until his successor shall have been duly elected and qualified. In order to achieve staggered terms of directors, the three (3) initial appointments of the City Commission of the City of Boynton Beach, shall consist of two (2) appointments for two (2) year terms and one (1) appointment for a one (1) year term. 2.07 EX-OFFICIO DIRECTORS The Board of Directors shall appoint as many ex-officio directors as is deemed necessary to serve as consultants of the Board of Directors and to strengthen and facilitate relationships between the Corporation and the business community, for a term to be determined by the Board of Directors. Ex-officio directors shall not have the power to vote or manage the affairs of the corporation but shall act in an advisory capacity only. Failure to give ex-officio directors notice of the time and place of regular and special meetings of the Board of Directors shall not affect any action taken by the Board of Directors at such meetings. Unless the corporate bylaws are amended, the Ex-officio directors shall consist of the following: 2.08 ANNUAL MEETING The annual meeting of the Board of Directors shall be on the second (2nd) Wednesday of October, each and every year, or as close thereto as may be advisable, unless changed by a unanimous vote of the Board of Directors at any meeting thereof, at such time and place as the Board of Directors shall fi'om time to time determine, for the transaction of such business as may lawfully come before the meeting. It shall be the duty of the Secretary of the Corporation to given s~en (7) calendar days notice of the time, place and date of the annual meeting to each director and to the Boynton Beach City Commission. 2.09 REGULAR MEETINGS Regular meetings of the Board of Directors shall be held on such dates and at such times and places as the Board of Directors shall from time to time determine, for the transaction of such business as may lawfully come before each such meeting. It shall be the duty of the Secretary of the Corporation to give seven (7) calendar days notice of the time, place and date of each regular meeting to each Director. Each Director shall agree to use his best Page 4 of 15 efforts to attend during each calendar year at least seventy five percent (75%) of the total number of regular meetings held during such year. 2.10 SPECIAL MEETINGS Special meetings of the Board of Directors shall be held whenever called by the Secretary of the Corporation upon the direction of the Chair of the Corporation upon the request of any .(number) Directors. Special meetings may be held within or without the State of Florida. It shall be the duty of the Secretary of the Corporation to give notice of a special meeting at least seven (7) calendar days prior to the date of the meeting and include the date, time and place of the meeting. 2.11 NOTICE OF MEETINGS Written notice stating the place, day and hour of the meeting and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than seven (7) calendar days nor more than fourteen (14) calendar days before the scheduled date of the meeting. The notice shall be delivered personally or by first class mail by or at the direction of the Chairperson of the Board, the Secretary or the officer or persons calling the meeting to each Director. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the Director at his address as it appears on the records of the Corporation, with postage thereon prepaid. 2.12 COMPENSATION Directors shall receive no compensation for their services on the Board of Directors. This shall not prevent the Corporation fi.om purchasing insurance as provided in Article IX or fi.om reimbursing any Director for expenses actually and necessarily incurred in the performance of his duties as a Director as such expenses are authorized by the Board of Directors. 2.13 RESIGNATIONS A Director may resign at any time by delivering written notice to the Board of Directors or its Chair. A resignation is effective when the notice is delivered unless the notice specifies a later effective date. If a resignation is given which is effective at a latter date, then the Board of Directors may fill the pending vacancy before the effective date, if the Board of Directors provides that the successor does not take office until the effective date. Page 5 of 15 2.14 REMOVAL OF DIRECTORS Any director may be removed either with or without cause by a vote of a majority of the Board of Directors. Notice of intent to vote on a recommendation to remove a Director must be provided at least five (5) business days prior to the meeting at which the vote will be taken. 2.15 FILLING OF VACANCIES Vacancies other than those caused by an increase in the number of Directors shall be filled by appoinmaent by the City Commission of the City of Boynton Beach. Vacancies reducing the number of Directors to less than three (3) shall be filled before the transaction of any other business. Upon the resignation of a Director tendered to take effect at a future time, the City Commission of the City of Boynton Beach may appoint a successor to take office when the resignation becomes effective. Any vacancy occurring in the Board of Directors, including any vacancy resulting fi'om an increase in the number of Directors, shall be filled by the appropriate appointing body to complete the current tenn. 2.16 DIRECTOR CONFLICTS OF INTEREST 2.16.1 No contract or other transaction between a corporation and one or more of its directors or any other corporation, firm, association, or entity in which one or more of its directors are directors or officers or are financially interested shall be either void or voidable because of such relationship or interest, because such director or directors or a committee thereof which authorizes, approves or ratifies such contract or transaction, or because his or their votes are counted for such purpose, if: (a) The fact of such relationship or interest is disclosed or known to the board of directors or committee which authorizes, approves or ratifies the contract or transaction by a vote or consent sufficient for the purpose without counting the votes or consents of such interested directors; (b) The fact of such relationship or interest is disclosed or known to the members entitled to vote on such contract or transaction, if any, and they authorize, approve, or ratify it by vote or written consent; or (c) The contract or transaction is fair and reasonable as to the corporation at the time it is authorized by the board, a committee or the members. 2.16.2 Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or a committee thereof which authorizes, approves, or ratifies such contract or tmusaction. Page 6 of 15 2.16.3 The failure of a Director to disclose the nature of his interest to the Board of Directors shall constitute grounds for removal of the Director. 2.17 STANDING RULES The Board of Directors shall determine parliamentary procedures to be observed during meetings. Such determination shall be passed by resolution. ARTICLE III - EXECUTIVE AND OTHER COMMITTEES 3.01 CREATION OF COMMITTEES The Board of Directors may, by resolution passed by a majority of the whole Board: (a) Designate an Executive Committee and one or more other committees, each of which committees must have at least two (2) members; (b) Designate one or more Directors as alternate members of any such committee, who may act in the place and stead of any absent member or members at any meeting of such committee; (c) Appoint as ex-officio members of any committee persons who are neither members of the Board of Directors nor members of the Corporation to serve as consultants. The ex-officio committee members shall be entitled to attend the meetings of their committee; however, they shall not have the power to vote or any other power. 3.02 EXECUTIVE COMMITTEE The Executive Committee shall consult with and advise the officers of the Corporation in the management of its affairs and may exercise, to the extent provided by resolution of the Board of Directors which creates such executive Committee, such powers of the Board of Directors as lawfully can be delegated by the Board. 3.03 OTHER COMMITTEES Other committees shall have such functions and may exercise such powers of the Board of Directors as lawfully can be delegated, to the extent provided by resolution creating such committees. 3.04 OPERATION The sections of these Bylaws that govern meetings, notice and waiver of notice, quorum and voting, and action without a meeting requirements of the Board of Directors apply to committees and their members as well. Page 7 of 15 3.05 MINUTES Committees shall keep regular minutes of their proceedings and report to the Board of Directors when required or when requested by the Board. 3.06 PROHIBITED ACTMTIES OF ANY COMMITTEES No committee shall have the authority to: (a) Approve or recommend to members actions or proposals required by law to be approved by members. Co) Designate candidates for the office of Director, for purposes of proxy solicitation or otherwise; (c) Fill vacancies in the Board of Directors or any committee thereof; (d) Amend the Bylaws; or (e) Authorize or approve qualifications for members. ARTICLE IV - OFFICERS 4.Ol OFFICERS The officers of this Corporation shall be a Chair of the Board, Vice Chair, Secretary and Treasurer. All officers shall be chosen from the members oftbe Board of Directors. Any two (2) or more offices may be held by the same person. A failure to elect any of the aforesaid officers shall not affect the existence of the Corporation. Ex-officio members of the Board of Directors may not serve as officers. 4.02 ELECTION AND TERM OF OFFICE Officers of the Corporation shall be elected for a term of one (1) year (or until their successors have been duly elected and qualified) by the Board of Directors at its annual meeting. If the election of officers shall not be held at such meeting, then such election shall be held as soon thereafter as possible. Each officer shall hold office until his successor has been duly elected and shall have qualified, or until his death, resignation or removal from office. In no event shall a person be appointed as an officer for more than four (4) consecutive terms. A person who has served as an officer, for four (4) consecutive terms may be re-appointed as an officer at~er a one (1) year lapse of time from serving as an officer. Page 8 of 15 4.03 RESIGNATION AND REMOVAL 4.3.1 An officer may resign at any time by delivering notice to the Board of Directors. A resignation is effective when delivered, unless the notice specifies a later effective date. If a resignation is made effective at a later date and the Corporation accepts the future effective date, then the Board of Directors may fill the pending vacancy before the effective date, if the Board of Directors provides that the successor does not take office until the effective date. 4.3.2 The Board of Directors may remove any officer at any time with or without cause by a vote of a majority of the Board of Directors at any regular or special meeting of the Board of Directors. 4.04 VACANCIES A vacancy in any office because of resignation, removal, death or otherwise, may be filled by the Board of Directors for the unexpired portion of the term or until a permanent successor is elected. 4.05 CHAIR OF THE BOARD 4.5.1 The Chair of the Board shall be the Chief Executive Officer of the Corporation. He shall have general executive powers, including all powers required by law to be exercised by a president of a corporation as such, as well as the specific powers conferred by these Bylaws or by the Board of Directors. The Chair of the Board shall preside at all meetings of the Board of Directors. 4.06 VICE CHAIR 4.6.1 In the absence of the Chair of the Board or in the event of his death, disability or refusal to act, the Vice Chair shall perform all of the duties of the Chair of the Board and when so acting, such Vice Chair shall have all the power of and be subject to all the restrictions upon the Chair of the Board. The Vice Chair shall have general executive powers as well as the specific powers conferred by these Bylaws. The Vice Chair shall also have such further powers and duties as may be conferred upon or assigned to herein by the Board of Directors or the Chair of the Board fi:om time to time. 4.07 SECRETARY The Secretary shall: (a) Prepare minutes of meetings of the Board of Directors and members; Co) Authenticate records of the Corporation; Page 9 of 15 (c) Keep the minutes of the proceedings of the Board of Directors and the members in one or more books provided for that purpose; (d) See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; (e) Be custodian of the corporate records and of the seal of the Corporation and see that the seal of the Corporation is affixed to all documents the execution of which on behalf of the Corporation under its seal is duly authorized; (f) Be the registrar of the Corporation; and (g) In general, perform all duties incident to the office of Secretary and such other duties as may be assigned to him by the Board of Directors from time to time. 4.08 TREASURER The Treasurer shall: (a) Have charge and custody of, and by responsible for, all funds and assets of the Corporation; (b) Receive and give receipts for monies due and payable to the Corporation from any source whatsoever, and deposit all such moneys in the name of the Corporation in such banks, trust companies or other depositories as the Board of Directors may select; and (c) In general, perform all of the duties as may be assigned to him by the Chair of the Board or by the Board of Directors from time to time. If required by the Board of Directors, the Treasurer shall give a bond for the faithful discharge of his duties in such sum and with such surety or sureties as the Board of Directors shall determine. 4.09 DELEGATION OF DUTIES In the case of the absence of an officer of the Corporation or for any other reason that the Board of Directors may deem sufficient, the Board may delegate the powers and duties of such officer to any other officer or officers or to any Director or Directors or to any other individual or individuals. 4.10 SALARIES OF OFFICERS 4.10.1 By resolution of the Board of Directors, the officers may be paid their properly documented, reasonable expenses incurred in connection with the performance of their duties as officers, if any. Page 10 of 15 4.10.2 The officers of the Corporation shall not be entitled to any compensation for services rendered in their capacity as officers to the Corporation. ARTICLE V - EXECUTION OF INSTRUMENTS 5.01 AUTHORITY FOR EXECUTION OF INSTRUMENTS Formal contracts of the corporation, promissory notes and other evidences of indebtedness and other corporate documents shall be signed by the Chair and by the Secretary or Treasurer unless otherwise specifically determined by the Board of Directors, or otherwise required by law. Unless expressly authorized by these Bylaws or the Board of Directors, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it pecuniarily liable for any purpose or in any amount. ARTICLE VI - FISCAl. YEAR 6.01 FISCAL YEAR The fiscal year of the corporation shall begin on the first day of October and end on the last day in September of each year. ARTICLE VII - CORPORATE RECORDS, REPORTS AND SEAI, 7.01 RECORDS The Corporation shall keep as permanent records minutes of all meetings of its Board of Directors, a record of all actions taken by the Board of Directors without a meeting, and a record of all actions taken by any committee of the Board of Directors in place of the Board of Directors on behalf of the Corporation. The Corporation shall maintain accurate accounting records. The Corporation shall maintain its records in written form or in some other form capable of conversion into written form within a reasonable time. 7.02 ANNUAL REPORTS On or after January 1 and on or before July 1 of each year, the Corporation shall deliver to the Florida Department of State for filing a sworn annual report, on such forms as the Department of State may prescribe and containing such information as is prescribed by law. Similar reports shall be filed as required by law in those jurisdictions other than the State of Florida where the Corporation may be authorized to transact business. 7.03 FINANCIAL STATEMENTS Page 11 of 15 7.3.1 Unless modified by a resolution of the members not later than four (4) months after the close of each fiscal year, the this Corporation shall prepare a balance sheet showing in reasonable detail the financial condition of the Corporation as of the close of its fiscal year and a profit and loss statement showing the results of the operations of the Corporation during its fiscal year. 7.3.2 Upon the written request of any member, the Corporation shall mail to such member a copy of the most recent such balance sheet and profit and loss statement. 7.3.3 The balance sheet and profit and loss statements shall be filed in the registered office of the Corporation in this State, shall be kept for at least eight (8) years and shall be subject to inspection during business hours by any member, in person or by agent. 7.04 AUDIT The financial records of the corporation shall be audited not less than annually by an independent certified public accountant. ARTICLE VIII - PROHIBITED At~TIONS AND At~TIVITIES 8.01 DIVIDENDS PROHIBITED The Board of Directors of the Corporation may not declare or pay dividends in cash or property to any member, Director or officer, and no part of the net income of the Corporation shall otherwise be distributed to or inure to the benefit of any member, officer or Director, for furtherance of purposes other than those set forth in the Articles of Incorporation. 8.02 PROHIBITED ACTIVITIES 8.2.1 Notwithstanding any other provision of these Bylaws, the Corporation shall not carry on any activities not permitted to be carried on: (a) By a corporation exempt from Federal income tax under 501(c)(6) of the Code; or (b) By a corporation, contributions to which are deductible under Code Section 170. 8.03 LOANS PROHIBITED Loans, other than through the purchase of bonds, debentures, or similar obligations of the type customarily sold in public offerings, or through ordinary deposit of funds in a bank, or prohibited by the Corporation exempt fi'om Federal income tax under the Code may not be made by the Corporation to its Directors, officers, employees, or to any other corporation, Page 12 of 15 firm, association, or other entity in which one or more of its directors, officers, or employees is a director, officer, or employee or holds a substantial financial interest. A loan made in violation of this Section is a violation of the duty to the Corporation of the Directors and officers authorizing it or participating in it, by the obligation of the borrower with respect to the loan may not be affected hereby. ARTICLE IX - INDEMNIFICATION AND INSURANCE 9.01 INDEMNIFICATION The Corporation shall indemnify its directors and officers to the fullest extent permitted by the Florida Not-For-Profit Corporation Act, Chapter 617, Florida Statutes. If the Florida Not-For-Profit Corporation Act, Chapter 617, Florida Statutes, is hereinafter amended to authorize corporate action further eliminating or limiting the personal liability of directors or officers then the personal liability of a director or officer of the corporation shall be eliminated or limited to the fullest extent permitted by the Florida Not-For-Profit Corporation Act, Chapter 617, Florida Statutes, as so amended from time to time. 9.02 INSURANCE The Corporation may purchase and maintain insurance on behalf of any Director, officer, employee or agent of the Corporation, or on behalf of any person serving at the request of the Corporation as a Director, officer, employee or agent of another corporation, partnership, joint venture, trust, or other enterprise against any liability asserted against that person and incurred by that person in any such corporation, whether or not the corporation has the power to indemnify that person against liability for any of those acts. ARTICLE X - DISSOLUTION 10.01 DISSOLUTION The Corporation may be dissolved without judicial supervision by adopting a resolution to dissolve, which must be approved by the Board of Directors and by its members, as provided in these Bylaws or Articles of Incorporation. In the event of dissolution, the residual assets of the corporation shall be turned over to one or more organizations which themselves are exempt from federal income tax as organizations described in Section 501(c)(6) of the Internal Revenue Code of 1986, as amended or the corresponding provisions of any future United States Internal Revenue Law. ARTICLE XI - NON-STOCK BASIS 11.01 NON-STOCK BASIS This corporation shall have no capital stock. Page 13 of 15 ARTICLE XII - CORPORATE SEAL 12.01 FORM The seal of the Corporation shall have the name of the Corporation, the State, the year of its incorporation and the words "Corporate Seal" inscribed thereon. These Bylaws for the Boynton Beach Endowment Trust, Inc. are hereby adopted by the Board of Directors on ., 2002. CHAI~ Attested and Certified: SECRETARY \LIGCDE_FS\LIBRARYk2002\020725XBy-Laws.doc Page 14 of 15 VIII. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM C AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in M~-~4ng Dates in to City Clork's 0ffi¢¢ Mcgting Dates to City Cl~rk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 2 I, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Almouncement [] Presentation [] City Manager's Report RECOMMENDATION: Request for City Commission authorization to join (at no cost to the City) with other cities in the filing of an amicus brief in the Osceola County Utility Tax case. EXPLANATION: An Osceola County Circuit Court has recently entered a property tax judgement against the Florida Water Utilities Authority (FWUA) which owns and operates water and wastewater utility facilities outside the boundaries of its member governments. The Court held that when the FWUA serves its customers outside of its members governmental boundaries, that this service "is simply not a public purpose", and accordingly subjected all of FWUA's property in Osceola County to ad valorem taxation. The FWUA has appealed this judgement. If the judgement is upheld on appeal, County Tax Assessors throughout the State of Florida may try to apply the decision against any municipality that provides utility service outside their municipal boundaries. If this happens, Boynton Beach would be impacted. We are therefore being asked to join in the amicus curaie brief being filed by the City of Sunrise. (The Cities of West Palm Beach and Riviera Beach have already joined in the filing). PROGRAM IMPACT: We have not done a financial impact study on this just yet. The case just came to our attention. If need be, we can do such a study on the potential adverse outcome as the case draws closer to its conclusion. At this point in the process, we are only lending our name and support to the Sunrise amicus brief. S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: There will not be any actual expense for the City of Boynton Beach while the case is being heard. All of the amicus brief expenses are being borne by others. Instead, we will just be lending our moral support to the case. In the end, however, if them is an adverse ruling, the City may be responsible for paying tens of thousands of dollars in property tax. ALTERNATIVES: Not to participate with the City of Sunrise (and others) in the filing of this amicus brief. Department Head ~.f;ignature City Manager's Signature Utilities Department Name City Attorney / Finance / Human Resources S:',BULLETINWORMSkAGENDA ITEM REQUEST FORM. DOC ATT 0 B.N K Y S AT LAW Transmittal Cover Sheet TO Dale Sugerman Company City of Boynton Beach E-mail sugermand~ci, boynton-beach, fl.us Phone Number 742-6456 FROM Phillip C. Gildan File Number 20212.010000 Comments Dale - An Osceola County Circuit Court entered a recent property tax judgment against the Florida Water Utilities Authority which owns and operates water and wastewater utility facilities outside the boundaries of its government member participants. The Court held that the FGUA serving outside its member's boundaries "is simply not a valid public purpose" and accordingly subjected all of FGUA's property in Osceola County to ad valorem taxation. The FGUA has appealed this judgment. If this judgment is upheld on appeal, County Tax Assessors throughout the State may try to apply the decision against those municipalities serving outside their boundaries. This could have a severe financial impact on municipal utility systems if they have to pay real and personal property taxes on their utility lines, lift stations, pump stations, and plant facilities outside their boundaries. The City of Sunrise will be filing a friend of the court amicus eurale brief in support of the FGUA's appeal. We are requesting that other cities and industry groups join in on the City's brief to provide more weight to the position that cities serve a public purpose and are entitled to tax exemption for their out-of-city utility facilities. Any help you could give would be appreciated. Phil Date November 25, 2002 Time 2:49 PM Please notify us immediately if not received properly at 561-650-7900. The infom~ation contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient~ you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited, ff you have received this communicat]o~ in error, please notify us immediately by telephone collect and re~um the odginal message to us at the address below via the U.S. Postal Sewice. We will reimburse you for your postage. Thank you. 777 South Flagler Drive, Suite 310 Ea~, We,~t Palm Beach, Florida 33401 561-650-7900 Fax 561-655-6222 XII, - LEGAL ITEM A. 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Ci~ Commission Date Final Form Must be Turned Requested City. Commission Date Final Form Must be Turned Meeting Dates in tO City Clerk's Office Meetm~ Dates m to City Clerk's Office [] December 3, 2002 November 18. 2002 (Noon) [] February 4, 2003 January 2t, 2003 [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 tNoon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003/Noon) [] January 21,2003 January6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] UnOmshed Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the December 3, 2002 City Comrmssion Agenda under Legal, Ordinance - Second Reading. The City comrmssion with a unanimous vote approved this request under First Reading on November 19, 2002. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-206. EXPLANATION: PROJECT: Merano Bay (LUAR 02-006) AGENT: Carlos Ballbe, Woodside Land Development Corp. OWNER: AutoZone, Inc. LOCATION: Southeast comer of Shore Drive and North Federal Highway DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR 20 alu/acre. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A 5 Development Department Direc o ~ City Manager's Signature Planmng and Zoning ~SirL-~tor / City Atto~lety / Finance / Human Resources SSPlanning,SHAREDXWP~PROJECTSXMERANO BAY~LUAR',Agenda Item Request Merano Bay LUAR 02-006 2nd reading 12-3-02dot S:~BULLETINXFORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- O ~ 7 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED ON THE SOUTH EAST CORNER OF SHORE DRIVE AND NORTH FEDERAL HIGHWAY (PROJECT KNOWN AS MERANO BAY); AMENDING ORDINANCE 89-38 BY AMENDING THE FUTUKE LAND USE ELEMENT OF THE COMPREHENSWE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCKI13ED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOCAL RETAIL COMMERCIAL TO SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTWE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has ~dopted 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 hearing and study, the City Commission deems it in the )est interest of the inhabitants of said City to amend the aforesaid Element of the iomprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE ~ITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated aerein by this reference. Section 2: 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: 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 90°00'00'' 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 distance if 184.96 feet to a point; thence North 90o00'00" West along the South line of said Section 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; thence North 02o54'00" East along said right-of-way line a distance of 20.02 feet to the beginning 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 BEGINNING. Containing in all 76,024.186 square feet or 1.745 acres more or less. Section 2: That any maps adopted in accordance with the Future Land Use Element shall amended accord'.mgly. 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 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 :hallenged. If challenged, it becomes effective upon the issuance of a final order finding it in :ompliance. FIRST READING this 19 day of tqov~v,~[~m.~' ,2002. SECOND, FINAL READING and PASSAGE this __ day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~TTEST: 2ity Clerk iCorporate Seal) , \CA\ordinancea\Plar~ning\Land Use\Merano Bay Land Ume.cioc DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-206 (revised) TO: Chairman and Members Community Rcdeve~g~¢ment Agency Board FROM: Dick Huds~;~CP Senior Plahner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: October 25, 2002 PRO3ECT DESCRIPTION Project/Applicant: Merano Bay/Woodside Land Development Corp. Agent: Carlos Ballb~ Owner: AutoZone, Location: Southeast corner of Shore Drive and North Federal Highway File No: Land Use Amendment (LUAR 02-006) Property Description: Vacant property consisting of ±1.75 acres, classified Local Retail Commercial (LRC) and zoned ;[PUD ;[nfill Planned Unit Development Requested change/use: To reclassify the subject property from Local Retail Commercial (LAC) to Special High Density Residen~iai (SHDR) in order to construct a 20-unit fee simple townhouse community. Adjacent Land Uses and Zoning: North: Right-of-way of Shore Drive, then developed commercial (Yach~man's Plaza) designated Local Retail Commercial (LP, C) and zoned C-3 Community Commercial. South: Right-of-way of Boynton (C-[6) Canal, then developed single-family residential IHarbor 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-Z-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 ILRC) and zoned C-3 Commu~:it¥ Commercial. MASTER PLAN ANALYS]:S 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 is requesting a change of land use to the Special High Density Residential to allow the necessary 20 dwelling units per acre. The City Commission adopted the Federal Highway Corridor Redevetoprnent Plan on Nay 15, 2001 to allow for a variety of housing styles at intensities that will assist in supporting the downtown redevelopment. ]: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 TPUD 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 plan 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 the approval of a reclassification to the Special High Density land use classification, which allows the proposed density. PRQ.1ECT ANALY$]:S The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Adrninistrat/on and Enforcement, ]:rem C. Cornprehens/ve P/an Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezon/ng wou/d be cons/stent w/th app/icab/e ¢ornprehens/ve p/an po#c/es including but not//m/ted to, a prohibition against any increase in Pag~ 3 File Number: LUAR 02-006 ,~lerano Bay dwelling unit density exceeding $0 in the hurricane evacuation zone without written approval o? the Palm Beach County Emergency Planning Division and t, ffe City's ris2 manager. The planning department s,ffatl also recommend limitations or requirements, which would have to be imposed on subsequent development o£ the property, in order to comply with policies contained in the comprehensive plan. The prope~/in question does lie east of Federal Highway, and therefore is in the hurricane evacuation zone for a Category 1 (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 /.13.3 of the Land Use Element reads: "The City shall COntinue to encourage in~ll development and redevelopment by implementing actions o? Ce Boynton Beach 20/20 Redevelopment Naster Plan, and the polities contained in the Coastal Nanagement Element." The adoption of the ]:nfill Planned Unit Development (]:PUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal I-lighway Corridor Community Redevelopment Plan. The introduction to the regulations states: "_rt is a basic public expectation that landowners requesting the use of the IPUD 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 extent of variance 4'r 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." The site plan for the proposed development was approved by the Community Redevelopment Agency Board on October 8, 2002, and by the City Commission on October 15, 2002. ]:t meets the basic expectations of the code through the provision of notable architectural character that will be an enhancement to the corridor; convenient and adequate parking as well as recreational amenities for residents and guests; and landscaping that is both varied and abundant. b. Whether the proposed rezon/ng wou/d be contrary to t/~e estab//shed /and use pattern, or wou/d create an ~so~areal d/strict unre/ated to adjacent and nearby d/str/ct$, or wou/d const/tute a grant o? spec/a/ priv//ege to an/ndiv/dua/proper~ owner as contrasted w/th the protect/on o£ the ~ub//c we/fare. Page 4 File Number: LUAR 02-006 Herano Bay The proposed land use amendment 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 no~h of the subject site, along Federal Highway. c. Whether changed or chang/hg conditions make the proposed rezon/ng des/rab/e. A number of changed and changing conditions make the proposed rezoning desirable. The Federa//-//ghway Corridor Community Redeve/opment P/an, adopted by the City Commission on May ].5, 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 For a variety of housing sty/es and types at intensities that w/ii assist in supporting the downtown and genera/economic expansion. ' ]:n response to this strategy, the city adopted amendments to the land development regulations, adding the ]thrill Planned Unit Development (]:PUD) 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 ]: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 Highway corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbright 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 exchange for a superior residential project that exceeds conventional standards. ]tn 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 would be compat/b/e with utility systems, roadways, and other pub/ic ?ac/i/ties. 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 ]:mpact 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 day that 61,000 sq. ft. of commercial space would generate, if the property were developed under its present land use designation. ]:t is also less than the 500 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. Pag~ $ File Number: LUAR 02-006 ~lerano Bay e. Whether the proposed rezoning would be compatible with the current and future use o? adjacent and nearby properties, or would afr'ect the property values o? adjacent or nearby properties. The master plan for the proposed use shows a residential development with easily accessible recreational amenities, attractive elevations and well-designed residences that will have a positive effect on adjacent residential property values. 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 which permits a maximum lot coverage of forty percent (40%) and a maximum building height of forty-five (45) feet or four (4) stories. ]:n 1_998 a request for site plan approval was submitted to construct a one story, 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 of a 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 development~ 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 already allowed. There are very few residentially designated sites in the City that provide opportunities for small to medium-sized devetopment~ of this type. CO NCLUS:ZON S / RECO F4 F4 EN DAT]:O N S As indicated herein, this request is consistent with the intent of the l:nfill 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 the approval of a reclassification to the Special High Density land use classification, which allows the density proposed in the site/master plan. l:f the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit"C". A'I-I'AC H M ENTS ;:~ SHRDATA\Plannmg\$HARED\WP\PRO]EC'r~I'4ER~NO BAY~LUAR\STAFF REPORT LUAR.3.dO(: Location Map Merano Bay -' ~1E :'~5~Ft--J _A .V_ E --~ ' SEAVI 3 R - -~~~ ~KE WORTH BOYNTON CANAL C-16 N ~H' AVE' -~ ~ _~ ~UZ~ RD 800 0 800 Feet XII. - LEGAL O ITEM A.2 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOl v 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 Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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: Please place this request on the December 3, 2002 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a 3 to 2 vote approved this request under Legal, Ordinance - First Reading on November 19, 2002. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-223. EXPLANATION: PROJECT: Comprehensive Plan Text Amendment (CPTA 02-001) AGENT/OWNER: Staff Initiated DESCRIPTION: Request for modification to Comprehensive Plan Policy 1.19.2 to insert an additional exception to the restriction on industrial land conversions to support the City's supply of housing for current and future populations. (This amendment is in response to the objections of the State to the South Congress Residential (LUAR 02-002) application). PROGRAM IMPACT: N/A FISCAL IMPACT: _ / N/A '] AL T E RNA TI VES~ ~ N/A Development D~partment D~rector City Manager's ~ignature Planning and Zonm~l~irector / City Atto~tn~/Finance / Human Resources S:kPlanningkSHARED\WP\SPECPROJ\COMP PLAN\INDUSTRIAL CPTA 02-001 kAgenda Item Request Comprehensive Plan Text CPTA 02-001 2nd reading 12-3-02.dot S:kBULLETIN~FORMSkAGENDA ITEM REQUEST FORMDOC ORDINANCE NO. 02- ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE TEXT OF THE FUTUq~,_E LAND USE ELEMENT OF THE COMPREHENSIVE PLAN (POLICY 1.19.2 OF THE FUTURE LAND USE ELEMENT); SAID TEXT AMENDMENT WILL ALLEVIATE THE RESTRICTION IMPOSED BY THE CURR~NT POLICY LANGUAGE THAT PROHIBITS THE CONVERSION OF LAND DESIGNATED FOR INDUSTRIAL DEVELOPMENT, IN ORDER TO MEET THE CITY'S ADOPTED HOUSING GOAL; PROVII)ING FOR CONFLICTS, SEVERAB[LITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff has initiated an amendment to the Future Land Use Element Io insert an additional exception to the restriction on industrial land conversions to support the City's supply of housing for current and future populations; and WHEREAS, this text amendment would alleviate the restriction imposed by the :urrent policy language that prohibits the conversion of land designated for "Industrial" :levelopment, on order to meet the City's adopted housing goal; WHEREAS, the City Commission of the City of Boyrtton Beach adopted in 1989 Comprehensive Plan and as part of said Plan a Future Land Use Element by Ordinance 9-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the Future Land Use Element contains the Section V. Land Use ;upply and Demand, and Locational Requirements, which, in part, indicates the basis for and use classifications for selected properties as shown on the Future Land Use Map; and WHEREAS, after public hearing and study, the City Commission deems it in the >est interest of the inhabitants of said City to amend the text of the Future Land Use Element of the Comprehensive Plan as adopted by the City herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the comprehensive Plan Policy 1.19.2 of the Future Land Use 5:\CA\Ordinances\Planning\Congress Industrial Park -Text Amendment.doc Element is hereby amended to read as follows: The City shall provide continued effort to allow for industrial acreage; hox~ex er. that land designated "industrial" on the cun'entlv adopted Future Land Use Map may be iconverted to commercial or residential desimmtions if the conversion (i) would wkich can of emplo~ent choices for cu~ent ~d hmre residents, provide goods ~d se~ices of re ona m o~ce, ~ ............ e ........................... ~:bma cance, or, would )rovide opp.0~unities for the City to meet its long-range housing goals; and (ii) is based : tpon adequate data includin~ market ~alysis. Section 2. All laws ~d ordin~ces applgng to the CiW of Boston Beach in conflict with ay provisions of this ordinace ~e hereby repealed. , Section 3. Should ~y section or provision of this Ordin~ce or ~y poaion hereof be decided by a cou~ of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordin~ce. Section 4. Authod~ is hereby g~ted to codi~ said Ordin~ce. Section 5. The effective date of this Ordin~c~ shall be the dat~ a final order s issued by the D~ent of Co~uniW Affairs finding this Text mendment to be in :ompli~ce in accord~ce with Chapter 163.3184, F.S.; or the dat~ a final order is issued 2y the A~i~s~ation Co~ission finding said mendment to be in compli~ce in tccord~c~ with Chapter 163.3184, F.S. Th~ notice of compli~ce b~comes a final order 1 days following the issu~ce of the notice of compli~ce if dmng the 21 day p~fiod no )etitions ~e filed challen~ng the mendment. Once issued, the Notice of btent shall be tttached hereto as Exhibit "A" ~d mad~ a p~ of this ordin~c~ by reference. F ST Iq dayof oVember , 2002. ,;XCAXOrdinan~sXPlanning[Gongress Indus~al Pa~ - Io~ Amendment,doc SECOND, FINAL READING AND PASSAGE this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk ;:\CA\Ordinances\Planning\Congress Industrial Park - Text Amendment.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-223 (revised) TO: Chairman and Members Community Redev. elopment Agency Board FROM' Dick Hudsort~r Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: October 23, 2002 SUBJECT: Policy 1.19.2 (CPTA 02-001) Request for Amendment to Text of Comprehensive Plan INTRODUC'rJON Staff is proposing an amendment to the Future Land Use Element of the Comprehensive Plan to alleviate the restrictions imposed by current policy language that prohibit the conversion of land designated for "Industrial" development in order to meet the City's adopted goal for housing. That goal is, "The provision of decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City." PROCEDURE This text amendment is being processed so that it can be adopted concurrently with the South Congress Residential (LUAR 02-002) amendment, a part of amendment cycle 01-2002 and is in response to a recommendation made by the Florida Department of Community Affairs (DCA) in their Objections, Recommendations and Comments (ORC) report, provided following transmittal of the land use amendment on .luly 5, 2002. Consistent with {}163.3184, Florida Statutes, and Rule 9.1-11.01, Florida Administrative Code, the City must adopt, adopt with changes or determine that it will not adopt any large-scale comprehensive plan amendment transmitted to DCA. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT Existing Policy 1.19.2 reads as follows: "The City sha// provide continued effort to a/iow for/ndustr/a/acreage which can accommodate the approximate/ndustr/a/emp/oyment which has been projected in the Future Land Use E/ement, and prohibit conversion of/and designated "£ndustr/a/" on the current/y adopted Future Land Use Nap un/ess such conversion wou/d generate a range of emp/oyment choices for current and future res/dents, provide goods and services of reg/ona/ importance, and retain regiona/ fisca/ and economic significance." Page 2 File Number: CPTA 02-001 ]:ndustrial Policy PROPOSED TEXT(staff) (with proposed changes shown in underlined and bold text) Po/icy 1.19.2 The City shall provide continued effort to a/iow for industrial acrea~le which can accommodate the aD. orox/mate industrial employment which has been projected in the Future Land Use Element, and prohibit conversion o£/and designated "£ndustr/a/" on the currently adopted Future Land Use ~4ap un/ess such conversion would generate a range of employment choices l:or current and future res/dents, provide goods and services o£ regional importance, and retain regional fiscal and economic significance., or provide opportunities for the City to meet it~ Ionq-ranqe housing goals. Staff then worked with the applicant for the land use amendment to produce the text below. This was presented to the Planning and Development Board for their recommendations at their meeting of October 22, 2002. Their recommendation is to forward the revised text to the City Commission. PROPOSED TEXT ('as recommended by P & D Board) Po/icy 1.19.1 The City shall provide continued effort to a/low for industrial acrea~leZ however, that land desiqnated "Industrial" on the currently adopted Future Land Use l~lap may be converted to commerda/ or resident/a/ desiqnations if the conversion (i) would ;:'h/c, generate a range of emp/oyment cho/ces for current and future resident, provide goods and semites o~ regional/mpo~ance, ............. ~-~ -~**~ .... ~ ...... ~"~' ~aco/ '~ ..... -- ;~ '~-"~ ..... would provide fo Ci~ ................. ~ ............ or oppo~unities r the to meet i~ /onq-ranqe housin~ qoa/s/ and (ii) is based upon adequate data inc/udin~ market analysis. ANALYSZS The Futura Land Use Element Policy [.[9.2 iden~fies s~veral conditions ~haL may jusLi~ a conversion of land designated "industrial" on ~he adopted Futura Land Use Hap Lo other us~s. The conditions currently listed under this Policy cleady imply LhaL a conversion from industrial other commercial uses (which are not allowed under an "industrial" designation) may warranted, whil~ justification of such conversion Lo a residential us~ is somewhat problematic. Provision of new housing may quali~ under "regional (...) ~conomic significance", but the raLional~ is ~nuous at best. ~e key issue of the conversion Lo residential uses is ~mploym~n~ generation. The obje~[v~ of Lh~ amendmen~ Lo the ~e~ of ~he said Policy is Lo provide an additional condition applicable for review of proposed conversions from an industrial Lo residential land us~. Such requests have occurred in the pas~ both wi~i~ ~h~ Ci~ and within Lh~ coun~, and appear Lo constitute a regional trend, as well a~ m~ local poli~ and priorities. Page 3 File Number: CPTA 02-001 Industrial Policy Generally, the proposed amendment would make conversions easier to approve. Thus, arguments for the amendment revolve around 12~vo issues: · trends in industrial development and implications for employment generation, and · population trends. industrial employment The comprehensive plan methodology used in :[989 to project the demand for industrial land may have resulted in overestimation of the needed acreage, although the scope of this overestimation cannot be easily measured by the current market indicators such as high vacancy rates (about :[1% in the Boynton Beach market as opposed to 3% for the county as a whole). The figures were based on population projections and concurrent projections of industrial employment. As the trends in industrial markets over the past decade demonstrate, the strength of South Florida industrial markets is mainly in warehousing and distribution. The connection between employment (and population) and demand for industrial space is generally not very clear, but especially not for warehousing property, where inventory flow is much more relevant. On average, employment density is much lower for wholesale, warehousing and distribution, about 8 persons per acre, than for light industrial manufacturing, at 24 persons per acre. The chances of attracting more of the latter industries, clean and non-polluting, are much lower than attracting more warehousing/distribution uses, for which the city has advantageous location. Currently, about 69% of the total industrial built space in the city is in warehousing, storage and distribution. The above reasons do contribute to the weakening of the case of an industrial use as an employment generator, but since a potential for job creation should always be an important consideration for planning and land use decisions, requests for conversions should be reviewed carefully. Population trends The 2000 Census revealed a larger than projected population for both the City (by some 7%) and the county (6%). Over the ].990-2000 period, both the city and the county grew by an impressive 31%. The Palm Beach County population projections for the 20:[0 (medium-level) are at :[:[% for the City and at 22% for the county (the forecasts are based on the availability of residential land and are supplied by the University of Florida's Bureau of Business and Economic Research--BEBR). Moreover, while the 20:[0 population forecast for the county produced by the Department of Commerce is slightly lower at :[7.3%, the county is - based on the projection - one of the six fastest growing metropolitan areas in the US. The in-migration comes from the Miami Dade and Broward counties as well as the traditional out-of state sources. Consistent long-term forecasts of a high population growth are the main reason for continuous investors' interest in vacant residential land. While economic weakness and high vacancy rates for commercial space persist, residential developments are considered, under the circumstances, less risky. They also have a potential to create demand for new or upgraded Page 4 File Number: CPTA 02-001 Industrial Policy commercial uses. As stipulated in Goal #6 of the Housing Element, the applicants requesting conversion from industrial to residential use should demonstrate that the proposed development indeed contributes to the diversification of housing in the city in terms of types and costs. RECOt4MENDATION It is the recommendation of staff that Comprehensive Plan Policy 1.19.2 be amended by adding the additional criterion, "or would prov/de opportun/t/e$ for the C/t]/ to meet/t~/ong-ran_qe hous/nq qoa/$", as well as the requirement that the applicant supply "adequate data/n¢/ud/ng market ana/y$/$"to be considered in any application for conversion of lands designated "Industrial" to another use. ]:\SHRDATA\Planning~SHARED\WP~SPECPROJ\COMP PLAN\INDUSTRiAL CPTA 02-001\STAFF REPORT Ct~1'A.doC XII. - LEGAL O ITEM A.3 CITY OF BOYNTON BEACH 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 Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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: Please place this request on the December 3, 2002 City Commission Agenda under Legal, Ordinances - Second Reading. The City Commission with a unanimous vote, recommended that the subject request be approved under First Reading on November 19, 2002. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-211. EXPLANATION: PROJECT: Nautica Right-of-Way (ABAN 02-002) AGENT: Michael Rodriguez, Esq. OWNER: Sachs, Sax, & Klein, P.A. LOCATION: Nautica Homeowner's Association DESCRIPTION: 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 DeVel~h~ent ~)ep~rtm~n~'lSirector City Manager's Signature Planning and Zoning 16'Lt4ctor /- -City A~l~y / Finance / Human Resources S:~Planning~SHARED\WPLPROJECTS\NAUTICA~ABAN 02-002L&genda Item Request Nautica Right-of-Way Aban 02-002 12-3-02.dot S:~I3ULLETIN~FORMSLAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- l~q AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF THE NAUTICA BOULEVARD RIGHT-OF-WAY, INCLUDING A PORTION OF BERMUDA SOUND RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE REPLACED BY A UTILITY EASEMENT FOR THE ENTIRE ABANDONMENT, AND DEDICATED ACCESS EASEMENT FOR A PORTION OF TRACT "B"; AUTHORIZING EXECUTION OF A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant, Michael A. Rodriguez, Esq., agent for Nautica Homeowners Association, has requested the abandonment of Nautica Boulevard right-of- way, which also includes a small portion of the Bermuda Sound Way right-of-way; and WHEREAS, this abandonment will be replaced by a utility easement on the entire right-of-way and an access easement for the following parcel: That portion of Nautica Boulevard, Tract "B", in its entirety, adjacent and abutting tract "D" Nautica P.U.D. under the control of Nautica Homeowners Association, as recorded in Plat Book 74, Page 174 of the Public Records of Palm Beach County, Florida. WHEREAS, comments have been solicited from the appropriate City Departments, and public heatings have been held before the City's Planning and Development Board and the City Commission on the proposed abandonment; and 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 City Commission of the City of Boynton Beach, Florida by and through its City Commission, in return for the requisite access and utility easements, does hereby abandon the 80-foot wide right-of-way (Tract "B"), including that small portion of Bermuda Sound Way, and more particularly set out in the Location Map, sketch and legal description attached as composite Exhibit "A", and subject to the Conditions of Approval as attached in Exhibit "C", and all other staff comments. ~:\CA\Ordinan ces~Abandonrnent$\Nautica A~andonment.doc Section 3. Execution is hereby authorized and the City Clerk shall be directed to deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this ~ day of November, 2002. SECOND, FINAL READING AND PASSAGE THIS day of December, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk ~ 5CA\Orctinances~andonments'~lautiCa Abandonme~t.cloc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon the Nautica Blvd. right-of-way, more particularly described herein: That portion of Tract "B" (Nautica Boulevard) - Nautica P.U.D. - Plat One, according to the Plat thereof, as recorded in Plat Book 74, Pages 170 through 175 of the public records of Palm Beach County, Florida, lying in Section 13, Township 45 south, Range 42 East; said lands lying in the City of Boynton Beach, Palm Beach County, Florida, and containing 190,260 square feet (4.37 acres), more or less. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ~ day of ,2002. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kart Bressner, City Manager City Clerk STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared KURT BRESSNER and JANET PRAINITO, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. $ :\CA\O rdi nances',Abanclonmen ~Nautica Abandonm~nt.do~ WITNESS my hand and official seal in the said State and County this __ day of ,2002. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\Orcli nances~Abandonments~lautica Abandonment.doc EXHIBIT "A" That portion of Tract "B" (Nautica Boulevard) - Nautica P.U.D. - Plat One, according to the Plat thereof, as recorded in Plat Book 74, Pages 170 through 175 of the public records of Palm Beach County, Florida, lying in Section 13, Township 45 South, Range 42 East; said lands lying in the City of Boynton Beach, Palm Beach County, Florida and containing 190,260 square feet (4.37 acres), more or less. S :\CA\Ordinances'~a~bando~l men ts'tNautica Abandonment.doc Location Map EXHIBIT"A" Nautica Abandonment ...... _ ~ z_ ----. '? - --- -~- -- _-.:_ - =. ~_- -- ~ .- , .~--_ ------Z~_ }> -. -: _'. CE ~ .<~ "Z-' ;"' -- -- .._ ,.. - .~, SITE ... --:,: BAHIA W.AY SURVEY NOTES: I. NOT VAL[0 WITHOUT THE SIGNATURE ~NO THE OR[,SIN~L RAISE3 SE~L 3F FLORIDA LICENSED SURVEYOR AND MAPPER. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-HaY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECOR0. 3. BEARINGS AND DISTANCES SHOWN HEREON ARE PER THE PLAT OF N~UTiCA P.d.0., PLAT ONE WITH A REFERENCE BEARING OF NORTH 89°25'34" WEST ALONG THE NORTHERLY MOST NORTH RIGHT OF WAY LINEOF NAUTICA BLVD. 4. THIS SKETCH IS NOT A BOUNDARY SURVEY AS SUCH 5. SEE SHEET 2 OF 6 FOR LEGEND 6. THE 'LAND DESCRIPTION" HEREON IS IN ACCORDANCE WITH THE INSTRUMENT CF RECORD 7. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORDS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. LAND OESCRIPT[ON~ TRACT "B", NAUTICA P.U.O. PLAT ONE, ACCORDING TO THE PLaT THEREOF, AS RECORDED IN PLAT BOOK 74, PAGES 170-175 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 13, TOWNSH,P 45 SOUTH, RANGE 42 EAST: SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAINING 190,260 SOUARE FEET (4.37 ACRES), MORE OR LESS. CERTIFICATE I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION AS DELINEATED UNDER MY OIRECTION ON JANUARY 3, 2002. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION ~EETS THE MINI~LJM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA 8OARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61Ci7-6, FLORIOA ADMINISTRATIVE COOE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT.TO__ THE QUALIFICATIONS NOTED HEREON. ///~ KEITH AND SCHNARS, P.A. ENGINEERS-P~lqNERS-SURVEYORS // BY: ROBERT K. KRISAK, P.S.M. FLORIDA REGISTRATION NO. 4641 SKETCH OF DESCRIPTION DATE 01-0:]-02 NAUTICA BOULEVARD SCALE AS SH0~mJ §llF:,qqq§ ~ EN~E~S - PLieRS - SuRvEYORS TRACT "B', NAUTICA P.U.D. FIELD BK. N/A (PB 74, PG. 170-175 P.B.C.R.) DWi. BY T,H.G, SHEE~NO. C]FY OF BOYN)ON ~[ACH - P~LV B[~C. COUNtY, FLOR,O* CHK. BY R,K,K. DRAWING NO. 169~7L SEE S~££T 4 CF 6 TRACT "B", NAUTICA P.U.O WATCH ' iNE ' (P8 ?4, Pos :-'T--~; i ~ ~ ~ ~ 5o s 170-t 75 P.B.C.R. ) . . ' i GRAPhiC SCA_E ;i EASE~NT <P~ ~ ~ ~0 O' ' 40.0' ~ I0' UTILITY ~ I [ ~ E~SEMENT ~ EASEMENT (P) ] t ' ~ 11 ' ~ s, u~,~E~ *CCESS II , -- fi'O' UTiLiTY o EASEMENT IR) ~i ~,I ~ EASEMENT , z TRACT "D" Il ~ ' - 2o. u,~6 I I ~ ~ ~,~ = f I M~INTEN~NCE FIF ~ I TRACT "L 2" I I i 1 i I I ~ I I ~O' ~**~ S~O,*6~ I I : ,0.0':~: ~0.0' ': I I MAINTENANCE EASE~NT J ~ ~5 6' LIMITED-- X t ]4.9,'l ' l N4]~41 ~04 "W : ~ ~ ~ ACCESS X ' / , , ~_ ' ~ E~SEMENT (P 20' UTILITY EASE~NT [~ (O.~.B. G099, PG. 1506) ~o 20' UTILITY E~SE~ENT LINE SEC. mi ,1~ (O.R.B. 6099. PG. i506 EAST .... % ~ X~NT~U~ ~'~,b- ' - ' --~- .............................. ~]' F.P.L. EASE~NT (O.R.B. 6144, PO. 256l SKETCH OF DESCRIPTION {)ATE m-O~-O2 ~ REVISIONS~[E[T~ A~ 8~H~8,~,~.' NAUTICA BOULEVARD SCALE AS SHO~~ glk"~X8 ~o ,~ ~ E~[R5 ' CL~ERS ' SuRvE~OHS TRACT "B", NAUTtCA P.U.D. FIELD BK. N/A (PB 74, PG. 170-t75 P.B.C.R.) )~.BY T.H.G.. SHEET NO. 3 OF G SHEETS P~L~ 8[~CH COUNTY, FLOMIO~ :~K. BY R.~.~. DRAWING NO. ~ 693ZL' ~ . EASEMENT / / ,, o -- 50 O 50 ~', GRAPHIC SCALE ' ~' ./ ,'LOT LINES ~/, NOT SHOWN ) / / / / / / TRACT "8", HAUT[CA P.U.O / (PR 74, PO tTO, P.B.C.R. ', / / / / / (LOT LINES NOT SHOWN) IO' UTILITY ~ EASE~NT , ~,_ % II I~ ~I~ ~11 ~ ~ EASE~NT ~ ~ ~1': ~ MATCH L I NE SEE SHEET 5 OF 6 ........... ~'~ SKETCH OF DESCRIPTION NAUTICA BOULEVARD SCALE*' '"0"11 I """ CITY OF 8OYNION BEACH - _ ~L~ 8[~6. COUNff, FLORIO* CHARY R.~'~']I I DRAWING NO. 6937L SEE i SHEET 4 ,OF 5' LImiTED ~CCESS I EASEMENT (P) -~ -- o~ ~1~ o¢ 50 · ¢ 't · '~ GRAPH['C SCAL~ 40.O' , 40.O' TRACT "B", NAUTICA P.U.D ~ ~1~ ~ (PB 74, PO 170-175, P.B.C.R.) I 5' L~MITED ACCESS LOT LINES NOT SHOWN) ~ ~ ~ ~ ~, ~ (LOT LINES NOT SHOWN) 36.89 · 2 ~ ~ DATE 0,-0>0= ~ ~KEITH AND SCHNARS, P.A. KETCH OF DESCRIPTION NAUTICA BOULEVARD SCAL (PB 74, PO. 170-175 P.B.C.R.) DMZ. BY f.H.O. SHEET NO. 5 OF 6 .S,EE~S CITY 0¢ BOYNTON B[~CH b ¢~ eeoc. c~.mruonm* CHK. BY R.~. DRAWING NO. 16937L' ~--'----,,~____ ~ :~-.~/SEE S~E~'T ~ ~, si/," GRAPHIC SCALE ff~ ? ~' , _ / ~ EASEMENT ~ ~1~ z ~ s' L~EO ~CCESS ~ ~1~ E~SEMENT · ( O' BUFPER T~ACT "L3" EASE~NT (p~ 20' LAKE ~ ~0' 8UFFE~ ~[NTEN~NCE EASEMENT (p) 20' LAKE ~ MAINTENANCE SIGNAG[ ~ , I 20' LAKE EASE~NT (~) EASE~NT ~ /~ ~ ~ ~INFEN~NCE _. _{J~[.Lj.N~. jet. I) 'i-- NO2'03 ' 27 "E ~ LA~RENCE ROAD ~5~ .................................... [t' F.P.L. EASE~NT (O.R.B. 8~44, PG. 256 SKETCH OF DESCRIPTION TRACT 'B', NAUTICA P.U.D. EL0 8~. ~ I I II ~.~,~[~,,L ' PSLM B[$CHCOUNTY, FLORe& CHK. BY R.K.K: DRAWING NO. (6937L' 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 INCLUT)E REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None 1. A utilities easement encompassing the 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 Comment~: None X FORESTER/ENVIRONMENTALIST Conditions of Approval DEPARTM]ENTS 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 DEVELOP~IENT BOARD CONDITIONS Comments: 4. None X ADDITIONAL CITY COh, Ii~IISSION CONDITIONS Comments: 5. To be determined. S:\PIanning~SHARED\WI~PROJ ECTS~'~IAUTICA'~,BAN 02-002~COA.doc DEVELOP3IE,NT DE PART3IE,NT 3IE3IORA,NDL'*I ~NO. PZ 02-211 Chairman and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner DATE: October 3, 2002 SUBJECT: 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 Yhe entire right-of-way of Nautica Boulevard (including that small portion of Bermuda Sound Way) as own on the surveywill be converted to private road and the Home Owners Association will grant to the Oity, 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) North: Nautica PUD Plat One, City of Boynton Beach Park (Tract "D") South: Nautica PUD Plat Two East: Lawrence Road right-of-way ~,,est: Nautica PUD (Recreation Tract) Page 2 Memorandum No. PZ 02-211 ABAN 02-002 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 adjacen~ 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 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 No objection Utilities No objection Planning and Zoning No objection PUBLIC UTILITY COMPANIES Florida Power and Light Approval with conditions (see Exhibit "D") Bell South - Approval with conditions (see Exhibit Florida Public Utilities Company - No objection Cable Company (Adelphia) No objection Cable Company (Comcast) 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 P :mmnB~SHAR"ED\WI~PROJECTS~'NAUTICAIABA~N o..o(l_'~s~3rr Rel~r~ Location Map EXHIBIT"A" Nautica Abandonment TRACT LEGEN[;) P PLAT PBCR PALM 8EACH COUNTY RECORO$ PB PLAT BOOK PG PAGE c~, / ' t L8 ORB OFFICIAL RECORO BOOK FPL FLORIOA POWER ANO LIGHT PL~T R R~O~US DELTA S89" 83 '05 "~ TRACT '~" NAUTICA P.U.D. IIFiELDDK..,N/~ SHEERS EXHIBIT "C" Conditions of Approval Project name: Nautica PUD Right-of-way Abandonment File number: ABAN 02-002 Reference: Abandon Nautica Boulevard right-o[-way DEPARTtM_ENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None 1. A utilities easement encompassing the 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 Approv~t DEPARTMFNTS 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~HAR ED\W P\P ROJ ECTS',,NAUTICA'tABAN 02-O02\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 Abandon/Vacate Nautica Boulevard Right-of-Way, Boynton Beach, Florida Oear 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. ~ett '~~Sincerely, ~ Customer Projecl Maqa. ger EXHIBIT- "O" B£&I. SOUTH BellSouth Telecommunications, Inc. ENI;IP~EE,~ING DEPT. - ~M. I07 '.vEST =AL~,,~ ~EAC;~. ~L 3%T~ October l, 200l Mr. Michael A. Rodriguez, Esq. Sachs, Sax & Klein, P.A. Suite 4150 - Northern Trust Plaza 30t Yamato Road P.O. Box 810037 Boca Raton, Florida 33481 RE: Application to Abandon/'Vaeate Nautica Boulevard Right-of-Way Boynton Beach, Florida Dear Mr. Rodrig'uez: BellSouth has facilities in this P,.ight-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. ];f 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: OFt 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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". 4. 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S \Planning\SHAR E D\W P\PROJ ECTS~NAUTICA'C, BAN O2-002\OO.doc XII. - LEGAL CITY OF BOYNTON BEA ITEM A.4 AGENDA ITEM REQUEST I 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 Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18, 2003 March 3, 2003 (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: Please place this request on the December 3, 2002 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a 4 to 1 vote, recommended that the subject request be approved under First Reading on November 19, 2002. EXPLANATION: PROJECT: South Congress Residential (LUAR 02-002) AGENT: Kieran Kilday of Kilday & Associates, Inc. OWNER: Congress Industrial Park, L.L.C. LOCATION: East Side of S. Congress Avenue opposite Hunters Run PUD DESCRIPTION: Request to Amend the Comprehensive Plan Future Land Use Map for a 32.1- acre tract from Industrial (I) to High Density Residential (HDR). The companion rezoning of the property from M-1 Industrial to PUD Planned Unit Development will be placed on First Reading on the December 3, 2002 agenda to coincide with approval of the Site Plan/Master Plan for the property. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES'3~-~ )q/A Deve~m~nt Elepartmer~t D~rector ' City Manager's Signature Planmng and Zoning l~irL4t~ / City $,ttorn~l{'?'~inance / Human Resources S:LPlanning~SHARED\WP~PROJECTS~Jefferson ~ Boynton\LUAR~Agenda Item Request South Congress LUAR 02-002 12-3-02.dot S:~BULLETIN~FORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED ON THE EAST SIDE OF CONGRESS AVENUE, ADJACENT TO THE CITY LIMITS; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSWE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; SAD LAND USE DESIGNATION IS BEING CHANGED FROM INDUSTRIAL TO HIGH DENSITY RESDENTIAL (I-DR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTWE 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 thc following: That the Future Land Use of the following described land shall be designated as HDR (High Density Residential). Said land is more particularly described as follows: A parcel of land in a portion of thc Southwest one-quarter (SW 1/4) of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: commencing at the Southwest corner of said Section 5; thence nm North (the west line of Section 5 is assumed to bear North-South and all other bearings are relative thereof) along the West line of Said Section 5, a distance of 110.00 feet to a point; thence nm South 89 degrees 48 minutes 45 seconds East, a distance of 53.00 feet to a point in the East right-of-way line of Congress Avenue and the Point of Beginning of the herein described parcel; thence continue on the preceding described course, a distance of 1460.21 feet to a point in the Westerly right-of-way line of The Seaboard Coast Line S: \CA\ordinance.\Pl~ming\Land Usa\South Congress ~and Uge - 111202.doc Railroad; thence run North 18 degrees 21 minutes 59 seconds East, along said Westerly right-of-way line, a distance of 607.01 feet; thence North 89 degrees 58 minutes 02 seconds West, a distance of 891.35 feet; thence North 0 degrees 01 minutes 58 seconds East, a distance of 390.75 feet; thence North 48 degrees 35 minutes 55 seconds West, a distance of 407.05 feet; thence North, a distance of 232.00 feet; thence West, a distance of 455.00 feet, more or less, to the said Easterly right-of-way line of Congress Avenue; thence South along said right-of-way line, a distance of 1463.76 feet to the Point of Beginning. Said parcel subject to the following: LESS AND EXCEPT: A right-of-way over the Westerly 80 feet of the Easterly 190 feet (as measured at right angles to) thereof for the Lake Worth Drainage District Canal No. E-3 1/2, as recorded in Official Records Book 1803, Page 254, of the Public Records of Palm Beach County, Florida. FURTHER LESS AND EXCEPT right-of-way for Congress Avenue conveyed to Palm Beach County by Deed recorded in Official Records Book 5430, Page 1725, and as described in Order of Taking recorded in Official records Book 7322, Page 262, of the Public Records of Palm Beach County, Florida. SUBJECT TO: A right-of-way for the Lake Worth Drainage District Lateral Canal L-30 conveyed to the Lake Worth Drainage District by deed recorded in Official Records Book 6495, Page 761 of the Public Records of Palm Beach County, Florida. An easement over the Easterly 110 feet (as measured at right angles to) thereof for Florida Power & Light Company as recorded in Official Records Book 602, Page 623, dated February 24, 1961. (PCN 08-43-46-05-00-000-7011) Section 2: That any maps adopted in accordance with the Future Land Use Element shall 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 of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless ',hallenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READlNG this Iq day of [~OVet~' , 2002. $: \CA\Ordinances\~lanning\Land Use\Sou:h Congress Lend Use - 111202 .doe SECOND, FINAL READING and PASSAGE this __ day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ~.TTEST: City Clerk (Corporate Seal) $: \CA\Ordinances\Planning\Land Use\Sou~h Congress Land Use - 111202 .doc XII. - LEGAL O ITEM B.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Yumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December t6, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the December 3, 2002 City Commission Agenda under Legal, Ordinance - First Reading. The Planning and Development Board with a 3-3 vote, forwards this item without a recommendation. The public hearing and second reading of the ordinance will be combined on the December 17, 2002 agenda. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-244. EXPLANATION: PROJECT: Motorola (DRIA 02-002) AGENT: R. Duke Woodson, Foley & Lardner OWNER: Maury L. Carter & Associates, Inc. LOCATION: South East comer of Gateway Boulevard and Congress Avenue DESCRIPTION: Request to amend the Motorola DRIfMaster Plan to allow retail, commercial and 500 residential units on 48.1 acres of the 87.4-acre site. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATI~~ De~nS~pn~ent ~5~:partment Oirector ..... ~ity Manager s Signature Plannih~'and ZoninlV~)~'~or City Attorney / Finance / Human Resources S:~Planning\SHARED\WP~PROJECTSLMotorola DRI~D~genda Request Motorola DILL& 02-003 12-3-02.dot S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-244 TO: Chairman and Members Planning and Development Board THROUGH: Michael Rumpf "'~"~ Planning and Zoning Director ?, FROM: Lusia Galav, AICP. P~ ~ Principal Planne/~ DATE: October 31, 2002 SUBJECT: Motorola - DRIA 02-002/MPMD 02-003 NOPC Amendment #1 NATURE OF REQUEST Motorola is a partially built-out Development of Regional Impact (DRI) comprised of 87.4 acres, zoned Planned Industrial Development (PID). It is located o n t he southeast corner of Gateway Boulevard and Congress Avenue. (See attached Exhibit "A" - Location Map). The applicant, Maury L. Carter & Associates, Inc. is requesting an amendment to the Motorola DRI Development Order (D.O.) adopted January 7, 1980 by Ordinance No. 79-36. Amendment #1 proposes to change the Motorola DRI by the conversion of the 825,000 square feet of industrial and office land use entitlements for the property to 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space. There are no changes proposed to the DRI phasing, commencement date or build-out date of 2010, and no lands are proposed to be added to the DRI boundaries (see attached Exhibit "B" - Substantial Deviation Determination Chart). BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (TCRPC) and the City review the NOPC. The DCA and the TCRPC review the proposed NOPC and provide comments following the procedures outlined in Chapter 380.06 (19). The Regional Planning Council has responded to the NOPC request in a letter dated November 4, 2002 (see attached Exhibit "F"). They expressed several concerns regarding inconsistent data and the traffic methodology. A letter from the Florida Department of Transportation (FDOT) was also included delineating their concerns with the traffic methodology. These issues are discussed below in the section entitled "Regional Impacts". No response has been received from the DCA. r~otorola - DRIA 02~002/MPMD 02-003 Memorandum No. PZ 02-244 The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S. requires that the local governing body hold a public hearing to review and approve the NOPC. The City Commission is required to determine whether the proposed change to the Quantum Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change. The original DRI Development Order adopted a Three-Phase Master Plan (see Exhibit "C" - Motorola Conceptual Master Plan ADA 1979). The review of the DRI amendment also constitutes a review of the changes to the Master Plan for Motorola. In addition to the state statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. First review comments were generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on October 22, 2002. ANALYSIS Notice of Proposed Change (NOPC) - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that two of the criteria apply to the proposed changes to the Motorola D RI. These criteria, which are applicable for review of the proposed changes is provided in Chapter 380.06(19)(e)5., which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence". 1. Chapter 380.06(19)(e)5.a., A change proposed for 15 percent or more of the acreage to a land use not previously approved in the development order. Changes of less than 15 percent shall be presumed not to create a substantial deviation. The requested change involves 48.1 acres, which is 55 percent of the 84.4 total acreage of the Motorola DRI. ' 2. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within a authorized multiuse development of regional impact which was originally approved with more than three uses specified in 380.0651(3)(c), (d), (f) and (g) and residential use. As part of the NOPC application the applicant is to complete a "Substantial Deviation Determination C hart". T he applicant h as provided a n updated c hart ( see Exhibit "B"). Amendment #1 involves changes to the three original use categories: office, manufacturing and warehouse (storage & distribution). The proposal will eliminate manufacturing while adding residential and commercial uses. The proposed increases and decreases are presumed to maintain the vested traffic generation level of 13,020 average daily trips (ADT). Motorola - DRIA 02-002/MPMD 02-003 Memorandum No. PZ 02-244 Conclusion The proposed changes delineated in Amendment #1 are presumed to be a substantial deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Determination Chart and a traffic study for review. A final determination regarding the substantial deviation determination cannot be made until the traffic issues are resolved. Master Plan Modification This is the first amendment proposed for the Motorola DRI adopted in early 1980. The Florida Statute governing the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions". These changing market conditions are evident in the history of this DRI that was planned and developed by Motorola for their exclusive use. Motorola began scaling back its operations at the existing facility in 2001. In October of 2002, Motorola sold the property to the current applicant. The 87.4-acre Motorola site is zoned Planned Industrial Development (PID). The applicant proposes to keep 39.3 acres in the PID zoning category including the existing Motorola building. The balance of the site, 48.1 acres, proposed for commercial and residential development, would be rezoned to Community Commercial (C-3). The 1.4+/- acre daycare parcel would also be rezoned to C-3. The residential use is proposed for the 33-acre parcel south of the existing Motorola building. Retail development is proposed along the Congress Avenue side (west) wrapping around the corner along a short segment of Gateway Boulevard. Two additional access points are proposed along Congress Avenue (see Exhibit "D" - Motorola DRI NOPC Master Development Plan). In their letter, the T CRPC supports and encourages mixed-use development. Regarding the proposed Motorola NOPC #1 Master Plan, the letter states: "The DRI master plan included with the proposed amendment materials does not incorporate all the best components of mixed-use development". They have offered their services to assist the applicant in preparing a plan that achieves the mixed-use objectives. The city supports the mixed-use concept and will work with the TCRPC and developer to obtain an acceptable site plan. Impacts The proposed changes to the Master Plan were analyzed from two perspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. Reqional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Motorola DRI the major issue is whether there will be an increase in traffic beyond what was originally approved (13,020 trips) resulting from the requested land use changes. ,Motorola - DP, IA 02-002/MPMD 02-003 Memorandum No. PZ 02-244 The applicant prepared a traffic study that was transmitted to the Palm Beach County Traffic Division for their customary review and approval regarding concurrency. The County has not formally responded to the study, but has verbally expressed objections to the methodology used for trip generation and the calculation of "vested" trips. Discussions are ongoing between the applicant and the County regarding this issue. Approval from Palm Beach County is required prior to the adoption of the development order. As mentioned earlier, The TCRPC and FDOT have also objected to the traffic methodology. A meeting was held on November 14, 2002 with all parties to discuss this issue. The applicant prepared a revised traffic study that was distributed at the meeting. All agencies will review the new information and provide comments as soon as possible. Local The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested changes is within the jurisdiction of the city. As such, the city's main focus is local issues and impacts. There were six areas identified by the TRC members for review regarding potential local impacts. Each area is discussed below. Traffic - The traffic study methodology is a local concern as well. An acceptable methodology must be agreed upon by the TCRPC, FDOT, Palm Beach County and the City to determine if there are additional local and regional impacts. The Master Plan proposes two additional entrances on Congress Avenue. Permits from Palm Beach County are required for these entrances. Turning movements and signalization issues can be evaluated and addressed at the site plan stage. Utilities - Based on the original Motorola Application for Development Approval the DRI is vested for 127,000 gallons per day (gpd)for both water and sewer. The city's projected demand for the proposed development is 294,215 gpd for water and 255,865 gpd for sewer. This calculation is based on the formula in Chapter 26 of the Code of Ordinances. Due to the magnitude of the increase above the prior approval, the Utilities Department is requiring that an evaluation of the off-site water and sewer service be conducted by the city at the applicant's expense. Any required improvements to the water and sewer systems and related levels of service will be borne by the developer. This recommendation is addressed in Exhibit "E" - Conditions of Approval. Drainaqe - Drainage will also be reviewed in detail as part of the site plan approvals, and must satisfy all requirements of the city and local drainage permitting authorities. The applicant submitted a copy of the current South Florida Water Management permit for the existing site. This permit will require modification based on the proposed development plan for the site. Environmental - The city's Forester/Environmentalist has indicated that there are existing active Burrowing Owl nests located on the Motorola property in the area of the proposed change. The applicant has submitted a Migratory Bird Nest Removal Application with the State of Florida Fish and Wildlife Conservation Commission as required. A copy of the application was submitted to the Planning and Zoning Division. Motorola - DRIA 02-002/MPMD 02-003 Memorandum No. PZ 02-244 School Concurrency - The NC)PC includes a request for 500 dwelling units. This requires concurrency approval from the School District of Palm Beach County. The applicant submitted a concurrency application to the School District and was approved for concurrency. A copy of the approval form was submitted to the Planning and Zoning Division. Parks and Recreation - Residential units are also subject to the city's park and recreation impact fee. The fee will be calculated based on the type of units constructed and will be due at the time the first building permit is issued for the residential portion of the proposed development (see Exhibit "E" - Conditions of Approval). Also, the city is requesting that the applicant provide a greenway/pathway easement along the LWDD E-4 Canal to the east and the Boynton Canal C-16 to the south. Consistency and Compatibility with City Poficies In order for the proposed development to go forward the land use and zoning must be changed on a portion of the site to accommodate the commercial and residential uses. The applicant proposes to change the land use from Industrial to Local Retail Commercial (LRC) and change the zoning from Planned Industrial District (PID) to C-3 Community Commercial. The applicable Comprehensive Plan policy is Policy 1.19.2 that states: Policy 1.19.2 The City shall provide continued effort to allow for industrial acreage~ however, that land designated "]:ndustrial" on the currently adopted Future Land Use f-tap may be converted to commercial or residential desianations if the c~nversion (i) w~uld '"~;~ .......... '~*"*" '*~-" generate a range of employment choices for current and future residents, provide goods and services of regional importance, --~ -~' .... "A""' fiscal ................. ~ ............ or would nrovide o_~_nortunities for the City to meet its Ion_o-ran9e housino ooals; and {ii) is based upon adeouate data includinq market analysis. (This language reflects policy amendment as currently proposed in amendment cycle 1-2002.) The requested land use change is consistent with this policy. The proposed commercial and residential development together with the continued use of industrial and office will provide a compatible mix of uses. Given the improbability of finding another single tenant business user for the existing site, the proposed mix of uses is a viable alternative. The requested C-3 Commercial zoning is t he most appropriate designation t o accommodate both the residential and commercial uses. This district permits multi-family residential at a maximum density of 10.8 dwelling units per acre as well as providing a wide range of retail/commercial uses. A more detailed discussion of the land use and rezoning is in the staff report for that application (LUAR 02-007) being processed concurrently. The adoption of Motorola NOPC Amendment #1, is conditioned upon the approval of the land use amendment and rezoning request (see Exhibit "E" - Conditions of Approval). Motorola - DRIA 02-002/MPMD 02-003 Memorandum No. PZ 02-244 In addition, the developer has submitted an application to amend the Motorola PID Master Plan to eliminate the proposed C-3 zoned area from the PID boundaries. A PID permitted use list will be approved with the Master Plan modification as well. Conclusion The only regional issue of significance is traffic. It is a significant issue on which both the Substantial Deviation determination and concurrency approval are based. Local impacts will be addressed in the Conditions of Approval for the NOPC #1. RECOMMENDATIONS Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has not demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review. Resolution of the traffic issue will be required before a determination of no substantial deviation can be made. Regarding the proposed modifications to the Motorola Master Plan staff recommends approval subject to the Conditions of Approval attached in Exhibit "E". S:\PLANNING\SHARED\WP~PROJECTS\MOTOROLA DRI\DRI\STAFF REPORT DRIA 02-002.DOC MOTOROLA (DRIA 02-002) EXHIBIT "A" Location Map PUD .- .... rtl SITE QUANTUM PARK ~D E-4 CANAL · $ EXHIBIT "B" 0CT-31-02 14 ~40 FROM: ID:407l~481743 PAGE 4/7 EXHIBIT "B" 0CT-31-02 14 :40 FROM; ID:407G481743 F~AGE S/? EXHIBIT "B" 0CT-31-0~) 14 :41 FROM; ID:40?G481743 PAGE EXHIBIT "B'! 0CT-31-02 14 :41 F~OM: ii~:~4~DTE;~817~q3 ~GE 7/'7 EXHIBIT "B" EXHIBIT "C" CONCEPTUAL MASTER PLAN PHASE I LEGEND EXHIBIT "C" MOTOROLA CONCEPTI MASTER PLAN-ADA 1 CONCEPTUAL MASTER PLAN PHASE III LEGEND EXHIBIT "C" MOTOROLA CONCEPTUAL MASTER PLAN-ADA ~ CONCEPTUAL MASTER PLAN PHASE Ii LEGEND RIcreatJonsI / / MOT,OROLA 0EVE:OPMEN~' OF REGIONAL IMPACT MAP ............................. SHe~ 1 1-14 EXHIBIT "D" ~etaH 1.3_+ Ac. LAND USES ,~etail 15.1 _+ ac. Industrial 10.3+_ ox:. Office 2q,O+_ ~c. Industrial/OFF;ce 3q.3_+ Ac. Total D7.4~ ac. ~ISTING SIGNALIZED INTERSECTION ~ ~ ~I~T[NG FULL ACCE55 POINT t PROPPED FULL AECESS ~INT R~tait ~3,500 ~qft. Muiti-Fc~nity OFFi¢,~ 450,000 ~t. ~.0_+ Ac. ! / / 550'f'NTON CANAL C-IG _ EXHIBIT "D" THE MOTOROLA DRI NOPC MASTER DEVELOPMENT PLAN Boynto~ Beach, Palm Beach County, Florida EXHIBIT "E" Conditions of Approval Project name: Motorola File number: DRIA 02-002 Reference: Revised 2nd review identified as Development of Regional Impact Amendment Master Plan with a November 5, 2002 Planning & Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: To be determined. X UTILITIES Comments: 1.. The Developer has agreed to furnish their own fire flow protection from an X on-site source for all fire-flows above the City requirement of 1500 gpm (~ 20 psi residual) demand. In the event the on-site source cannot be approved by the City or other regulatory agencies, an engineering evaluation of the additional impacts on the potable water system (as outlined in the next condition dealing with sanitary sewer demand/capacity) will be required for the demand/capacity of the potable water system as well. The on-site fire protection system from this private source may therefore not be interconnected with the City's potable water system. 2. The City recognizes prior vesting (for planning purposes) in the site of X 127,000 gallons per day (gpd) each for potable water and sanitary sewer demand. In consideration of the condition stated above, the developer shall fund an analysis, to be conducted by the City's engineers, evaluating the ability of the City's sanitary sewer conveyance system to properly accommodate the flows exceeding 127,000 gpd from this site. Funding of this study shall be escrowed with the City upon request and the furnishing of a written "not-to-exceed" cost estimate to the developer. Upon receipt of the requested amount, the City shall endeavor to complete the analysis within 120 days. In the event the analysis indicates that improvements are required to the City's conveyance system, the developer shall commence the design of said improvements upon requesting a total sewer commitment exceeding 102,000 gpd (i.e. 80% of the vested amount). The developer shall subsequently begin construction of the improvements after receiving City approval of the design, (or furnish sufficient funding for the City to construct said improvements, at the City's option). The commencement of construction shall occur no later than the developer's request for a total sewer commitment exceeding 114,300 gpd (90% of the vested amount). The developer shall not be penalized or delayed by the City from constructing additional phases to the project if he satisfies all conditions of the above Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT deadlines in a timely manner. 3. The developer shall be responsible for reserving purchasing all additional X water and sewer capacity, based upon the requirements as stated in the City's code, not heretofore purchased by the prior owners of the property. FIRE Comments: 4. The site plan and master plan design documents shall adhere to Chapter 9 of X the Code of Ordinances of the City of Boynton Beach entitled "Fire Protection and Prevention." This ordinance adopts NFPA 1, Fire Prevention Code, 2000 edition, and NFPA 101, Life Safety Code, 2000 edition. (these codes, as amended are identified as the Florida Fire Prevention Code) 5. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. Hydrants in commercial applications shall be no more than 300 ft. apart and the remotest part of any structure shall be no more than 200 ft. from a hydrant. Connections shall be to mains no less than 6 inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: 6. The notice mentions 500 residential units to be added to the development. X These units would be subject to the Park and Recreation Impact Fee based on the type of units involved. Single Family, detached = $940 ea Single Family, attached = $771 ea Multi-family = $656 ea DEPARTMENTS INCLUDE REJECT 7. The fee is due at the time of the first applicable building permit. X 8. At time of site plan approval for any portion of the site included in the X NOPC Amendment #1 request, the applicant will work with the Parks & Recreation Department to provide a greenway / bikeway easement along the east and/or south sides of this property especially along the E4 canal. FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 9. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 10. The traffic study was submitted to Palm Beach County traffic engineering X for approval. Approval is required prior to the Chapter 380 F.S. Public Hearing for the NOPC Amendment #1. 11. Applicant must submit an Annual Report for the Motorola DRI by January X 1, 2003. 12. The approval of NOPC #1 is contingent upon the approval of the Land Use X Amendment from Industrial to Local Retail Commercial and the Rezoning from Planned Industrial District (PID) to Community Commercial (C-3) for the 49.685 acre portion of the DRI. 13. A replat may be required to develop the site. This will be determined at time X of site plan approval. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. To be determined. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. Conditions of Approval 4 S:\Planning\SHARED\WP\PROJ ECTS\Motorola DRI\DRI\CQ~.doc EXHIBIT "F" TREASI3~r_._ '~Co--~s'~r--R-~;GIONAi. PLA'NNING COUNCIL IND IA'N~I~E R-:~ ~M;~'R'qI N''~- -P~-~' BE-ACH'::'*~ ;sT. L:UCIE ' November 4, 2002 Mr. Michael W. Rumpf Planning and Zoning Director City of Boynton Beach ~!!i'; 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Subject: Motorola Development of Regional Impact Notification of Proposed Change Dear Mr. Rumpf: In accordance with the requirements of Section 380.06(19), Florida Statutes (F.S.), we have reviewed the '~qotification of a Proposed Change to a Previously Approved Development of Regional Impact (DP, I)" (NOPC) for the Motorola DRI dated September 17, 2002. The NOPC proposes to change the existing plan of development to allow development of 500 multi-family residential units, 450,000 square feet of office space, 63,500 square feet of retail space including shops and restaurants, and 128,000 square feet of self storage space. The applicant has submitted additional information on October 23, 2002 requesting the inclusion of a conversion matrix to allow changes in the plan of development to occur without the need to amend the development order. Council has the following concerns with the proposed changes: 1) The existing Motorola DRI is approved for 625,000 square feet of industrial uses and 200,000 square feet of office use, which totals 825,000 square feet of entitlements not 850,000 square feet. 2) Exhibit E, Substantial Deviation Determination Chart, needs to be revised to r.eflect the original plan of development and the proposed changes under each applicable land use (i.e. office, industrial, retail, residential and industrial). 3) The applicant did not provide data and analysis to justify the conversion matrix. The calculations to determine the conversion rates and what factor (i.e. water, sewer, traffic, or affordable housing) is the more restrictive for each of the proposed conversions have not been provided by the applicant. Also, the applicant has not "Bringing Communities Together" · Esr. I 9 7 6 301 E a,lt Ocean Boulevard - Suite 300 - Stuart. Florida 34<194 Phone (561) 221-4060 - SC 269-40t~0 - [7tx (361) 221-4067 - E-mail - adminraTtcrpc.or9' EXHIBIT "F" Mr. Michael W. Rumpf November 4, 2002 Page 2 provided the proposed minimum or maximum levels of development for each of the land uses.in the conversion matrix. 4) The change in land use from non-residential to residential may change traffic patterns for the project creating additional impacts to the regional roadway network. The traffic analysis should be revised to include information on the present and proposed distribution of traffic on the regional road~vays in the area. A meeting with the review agencies and local government should be set to discuss the proposed distribution of traffic and its potential impacts. 5) The last annual report for the Motorola DKI was submitted on January 1985. Therefore, the project is in violation of the City's development order. An annual report for the project should be submitted each year. If a conversion matrix is approved, the development order should be revised to require the applicant to report use of the conversion matrix in the annual report. 6) The Florida Department of Transportation has concerns with the traffic analysis submitted with the proposed change (see attached letter). These concerns need to be addressed. The applicant has submitted additional information to address some of these concerns. However, the information was not received to allow sufficient time for the review agencies to comment. Until the above concerns are fully addressed, Council objects to the proposed change. The Strategic Regional Policy Plan for the Treasure Coast Region encourages the formation of sustainable neighborhoods and communities. Sustainable communities should include a compatible mix of land uses, well designed and maintained public spaces, buildings and infrastructure, and a network of interconnected streets designed for various transportation modes. Council strongly encourages continued efforts to provide for mixed-use development in the City. However, it is equally important that mixed-use development is done correctly. There must be a true integration and appropriate mix of uses, not simply more than one use on the property. There should be not only a fully integrated mix of uses but also a network of streets, sidewalks, and bicycle paths and an accommodation for present or future use of transit. There should be both a vertical and horizontal integration of land uses, and the land uses should be of a type and nature that are appropriate and complementary to the area to be served. The DKI master plan included with the proposed amendment materials does not incorporate all the best components of mixed-use development. Council is available to assist the City in working with the developer of the property to ensure that the proposed development contains all the important components of good mixed-use development. EXHIBIT "F" Florida Department of Transportation OFFICE OF PLANNING AND ENVIRONMENTAL MA,NAGE,MENT - DISTRICT 4 3 Floor, Ft. Lauderdale, F1 33309-3421 THOMAS F. BAR_RY, .IR. JEB BUSH 3400 West Commercial Blvd., GOVER.NOR Telephone: (954) 777-1601: Fax: (95,1) 777-~671 SECRETARY Toll Free Number: 1-866-336-84.35 October 21,2002 Mr..[ames T. Snyder DR/Coordinator Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 . Stuart, Florida 34994 ...: ~,.-: ..... ~ .,,: Dear 1Mr. Snyder: SUBJECT: Motorola Development of Regional Impact (DRI) City. of Boynton Beach, Palm Beach County Notification of Proposed Change (NOPC) This is in response to your letter dated August 7, 2002 (received September 25, 2002) regarding the Notification of Proposed Change (NOPC) for the Motorola Development of Regional Impact (DP-d). The Department has completed its review as summarized below. The Motorola DR/is located north of Boynton Beach Boulevard, south of Gateway Boulevard, east of Congress Avenue and west of Interstate 95 in the City of Boynton Beach, Palm Beach County, Florida. The Motorola DR/ was originally approved on January 7, 1980, with an expiration date of 30 years from the date of its rendition. The original DR/development, however, was projected to be complete in Year 2000, as evidenced by the completion year of Phase 1TI of the DR/. The development phases and intensity from the original DR/are listed in the following table: Phase Completion Year Development Square Feet I 198 l Industrial Use/Offices 240,000 II 1990 Industrial Use/Offices 385,000 III 2000 Offices 200,000 1 TOTAL 825,000 In this NOPC, the applicant proposes the following change to the DRI: Convert the remaining 250, 000 square feet of industrial land-use entitlements for theproperry to 500 multi-family residential units and 40, 000 square feet of commercial space. The Department offers the tbllowing comments regarding this NOPC and the accompanying traffic analysis: 1. There are inconsistencies related to the proposed land-use plan denoted in Attachment 2 - Trip Generation Comparison, Exhibit "E" - Substantial Deviation Determination Chart, and Question No. 5 of the NOPC. More specifically, Attachment 2 denotes 450,000 square feet of Office use while there is no Office use shown in Exhibit E. Further, E,'dfibit E denotes 600,000 square feet of Industrial use, and Attachment 2 shows none. Lastly, in NOPC Question No. 5 and Exhibit "E" 40,000 square feet of Commercial space is proposed; however, in Attachment 2, 63,500 square feet of Commercial space is denoted. These discrepancies should be explained. www.dot.state.fl.us I~ ~C¥CL-=O ~,PE~ EXHIBIT "F" Mr. Michael W. Rumpf November 4, 2002 Page 3. Please call if you have any questions. Sincerely, James T. Snyder DRI Coordinator cc: Ken Metcalf, FDCA R. Duke Woodson, Applicant EXHIBIT "F" Mr. James T. Snyder October 21,2002 Page 2 2. The calculation of the internal trips in Attachment 2 is incorrect. The applicant should use the procedure outlined in the ITE Trip Generation Handbook (Chapter 7) to document how internal capture was calculated for this analysis. The internal capture summary sheets (matrix or "bubble diagams") should be included as an appendix. The analysis should be revised, accordingly. 3. The pass-by trips should not exceed 10% of adjacent street backg-round traffic during the peak hour or 25% of the project's external retail trips, whichever yields the lower number of pass-by trips. The applicant did not demonstrate that these criteria have been met. Based on our review, the number of pass-by trips proposed in this analysis exceeds 25% of the project's external retail trips, and is therefore unacceptable. Further, the applicant has incorrectly applied the pass-by rates to the Office and Self- Storage land uses. Pass-by credit may only be used for retail trips. The analysis should be revised, accordingly. In conclusion, the Motorola DRI NOPC provided to the Department is not sufficient. The Department requests that the applicant address our comments so that we can complete our review of the NOPC. Please feel free to contact this office at (954) 777-4601 should you have any questions. Sincerely, p~aC~hn~ind~'afin'dEl~ nvi r o nm ent al Engineer / GS:kai/cw cc: Paul Darst - DCA Bob Rornig Gerry O'Reilly John Krane $ \OP£M~Chon ~,~tD4Dn~Vlotorota\NOPC lb do~: XII. - LEGAL ITEM B.1 ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOY'NTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-36 OF THE CITY OF BOYNTON BEACH BY ADOPTING AN AMENDMENT TO THE MOTOROLA DRI ORDER; PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 1, 1979, MOTOROLA, INC., (hereinafter sometimes referred to as Motorola) filed a Development of Regional Impact Application for Development Approval (hereinafter Application) with the Treasure Coast Regional Planning Council (TCRPC) in accordance with Section 380.06, Florida Statutes; and, WHEREAS, the City Commission of the City of Boynton Beach approved the Motorola Development of Regional Impact on June 3, 1975 by Ordinance No. 75-19, and subsequently amended by Ordinance 79-36, dated January 7, 1980; and WHEREAS, Motorola proposed to develop a manufacturing development and administrative facility on approximately 90 acres, constituting a Comprehensive (Industrial and Office) Development of Regional Impact on the following described real property located in Palm Beach County, Florida, described as follows: A tract of land described as portions of the Southwest 1/4 of Section 17, and the Northwest 1/4 of Section 20, Township 45 South, Range 43 East, Palm Beach County, Florida, lying South of the Southerly Right-of-Way line of Northwest 22nd Avenue as described in Official Records Book 1738 Page 1686 of the Public Records of Palm Beach County, Florida, and East of Easterly Right-of-Way line of Congress Avenue, West of the Westerly Right- of-Way line of the Lake Worth Drainage District Equalizing Canal E-4 and North of the North Right-of-Way line of the Lake Worth Drainage District's Boynton Canal. Said tract of land contains approximately 90 acres more or less (the "Property"). WHEREAS, on September 18, 2002, Maury L. Carter 8,: Associates, Inc., the :ontract purchaser of the Property (hereinafter referred to as Developer), filed a Notice of S:\CA\Ordinances\DRl\Motorola ORI Amendment.doc Page 1 Proposed Change to the Motorola Development of Regional Impact with the City of Boynton Beach, the Treasure Coast Regional Planning Council and the Florida Department of Community Affairs in accordance with Section 380.06, Florida Statutes; and WHEREAS, said Developer proposes to operate the existing office, warehousing, and manufacturing uses currently existing on the Property and to develop vacant portions of the Property as a mixed-use project with residential dwellings and supporting commercial uses; and WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter City Commission), the goveming body of the local government having jurisdiction, pursuant to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider Notices of Proposed Change; and WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the Division of Community Affairs, the Treasure Coast Regional Planning Council; and WHEREAS, this City Commission has on December 17, 2002, held a duly noticed >ublic heating on the Application and has heard and considered the testimony taken thereat; [nd WHEREAS, this City Commission has received and considered the report and recommendations of the Treasure Coast Regional Planning Council; and WI-IEREAS, this City Commission has received and considered the report and ecommendations of the Technical Review Committee and the Planning and Development Board of the City of Boynton Beach; and S:\CA\Ordinances\DRl\Motorola DRI Amendment.doc Page 2 WHEREAS, this City Commission has made the following FINDINGS OF FACT AND CONCLUSIONS OF LAW with regard to the Application for Development Approval. NOW THEREFORE, be it ordained by the City Commission of the City of Boynton Beach, Florida, as follows: ;ection 1. The foregoing Whereas clauses are true and correct and incorporated herein by :his reference ection 2. That the City Commission of the City of Boynton Beach, Florida makes the following findings of fact regarding the Notice of Proposed Change submitted by Maurly L. Carter & Associates, Inc., the "Developer" related to the Motorola Development of Regional Impact previously approved by Ordinance 79-36: FINDINGS OF FACT A. The proposed development is not in an area of critical state concern designated pursuant to the provisions of Section 380.05, Florida ~,1 Statutes; i B. A State Comprehensive Planning Document has been recognized by i. the legislature as an advisory policy document for the entire State of Florida, and the proposed development does not unreasonably interfere with the achievement of the objective of this advisory policy document; C. The proposed amendment to the Development of Regional Impact Order (DRI) Order will be consistent with the corresponding amendment of the adopted comprehensive plan for the City of Boynton S:\CA\Ordinances\DRl\Motorola DRI Amendment.doc Page 3 Beach and Section 7, Paragraph 10 of Appendix A of the Boynton Beach City Code; D. The proposed development will be consistent with the report and recommendations of the Treasure Coast Regional Planning Council submitted pursuant to Section 380.06(8), Florida Statutes, in Exhibit "A" attached hereto and made a part hereof. CONCLUSIONS OF LAW It is hereby determined by the City Commission of the City of Boynton Beach, Florida, in a public meeting, duly constituted and assembled this 17th day of December, 2002, that the Notice of Proposed Change to the Motorola Development of Regional Impact submitted by the Developer is hereby ordered Approved, subject to the following provisions of this Ordinance and the Conditions of Approval attached hereto as Exhibit "C", and incorporated herein by reference. 1. That this amended DRI Order shall constitute the Development Order of this Commission issued in response to the Notice of Proposed Change for the Motorola DRI filed by the Developer. 2. That the definitions found, in Chapter 380, Florida Statutes shall apply to this amended DRI Order. 3. That the following are hereby incorporated by reference and made a part of this amended DRI Order: a. The Application for Development Approval submitted by Motorola, Inc., to the City of Boynton Beach on or about October 1, 1997. S:\CA\Ordinances\DRl\Motorola DRI Amendment.doc Page 4 I b. Supplementary and amendatory materials submitted over cover letters dated 10/11/79 and 11/30/79 from John Gesbocker of Heery and Heery Architects and Engineers. c. Supplemental information provided under a cover letter dated November 21, 1979 from Mary Lou Lackey of Motorola, Inc. d. The Notice of Proposed Change to the Motorola DRI submitted by the Developer to the City of Boynton Beach on or about September 18, 2002. e. Master Plan and accompanying documents. 4. That this amended DRI Order shall be binding upon the Developer and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this amended DRI Order. 5. That in any event that any portion of section of this amended DRI Order is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this amended DRI Order, which shall remain in full force and effect. 5. That the approval granted by this amended DRI Order is conditional. Such approval shall not be construed to obviate the duty of the Developer to comply with all other applicable local or state permitting procedures. 7. That subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the City 5:\CA\Ordinances\DRl\Motorola DRI Amendment.doc Page 5 Commission of Boynton Beach, after due notice and hearing, that one or more of the following is present: a. A substantial deviation from the terms of conditions of this amended DRI Order, or other changes to the approved development plans which create a reasonable likelihood of adverse regional impact or other regional impacts which were not evaluated in the review by Treasure Coast Regional Planning Council; or b. An expiration of the period of effectiveness of this amended DRI Order as provided herein. Upon a finding that any of the above is present, the Commission shall order a termination of all development activity until such time as a new Development of Regional Impact Application for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. 8. That this amended Development Order shall remain in effect for a period of 30 years from the date of its rendition (January 7, 2010) provided that this effective period be extended by this Commission upon a finding of excusable delay in any proposed development activity and that conditions have not changed sufficiently to warrant further consideration of the development. In the event the Developer fails to commence significant physical development within four years from the date of rendition of this amended DRI Order, development approval shall terminate and the development shall be subject to further consideration. Significant physical development shall mean site clearing and foundations for the facility. S:\CA\Ordinances\DRl\Motorola DRI Amendment.doc Page 6 9. Actual development phasing will depend upon economic circumstances and Developer's internal business growth. The proposed of development as discussed in the response to Question 12 of the Comprehensive Development of Regional Impact Application and the Notice of Proposed Change to the Motorola DRI are for planning purposes only and the actual development schedule may vary therefrom. 10. Within 60 days from the date hereof, the Developer shall submit a revised Master Development Plan, and such other revised plans as are appropriate, to the City Planning and Zoning Director, the Treasure Coast Regional Planning Council and the Division of Community Planning. These revised plans shall incorporate all changes, if any, in the development as required by this amended DRI Order. 11. The amended DRI Order set forth in Section 1 hereof shall become effective upon adoption as a part of the Ordinance rezoning the subject property from Planned Industrial Development (PID) to Planned Industrial Development and Community Commercial (C-3) and amending the land use designation for the subject property from Industrial to Industrial and Local Retail Commercial (provided such date shall be extended until completion of appellate procedures, if any, relating to the issuance of this amended DRI Order. 12. Copies of this Ordinance incorporating the amended DRI Order, rezoning subject property to Planned Industrial Development (PID) and Community Commercial (C-3) and amending the land use designation of the subject property to Industrial and Local Retail Commercial shall be transmitted immediately by certified mail to the Division of Community Planning, the Treasure Coast Regional Planning Council and the Developer. otorola DRI Amendment.doc Page 7 Section 3. That the following described land located in the City of Boynton Beach, Florida, is subject to the successful Land Use Plan Amendment and Rezoning, which will occur aider review by the State of Florida Department of Community Affairs: A tract of land described as portions of the Southwest 1/4 of Section 17, and the Northwest 1/4 of Section 20, Township 45 South, Range 43 East, Palm Beach County, Florida, lying South of the Southerly Right-of-Way line of Northwest 22na Avenue as described in Official Records Book 1738 Page 1686 of the Public Records of Palm Beach County, Florida, and East of Easterly Right-of-Way line of Congress Avenue, West of the Westerly Right- of-Way line of the Lake Worth Drainage District Equalizing Canal E-4 and North of the North Right-of-Way line of the Lake Worth Drainage District's Boynton Canal. Said tract of land contains approximately 90 acres more or less (the "Property"). Section 4. Except as provided herein, the Developer shall proceed in strict accordance with all ordinances of the city of Boynton Beach, including, but not limited to, its building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and regulations of the State of Florida Department of Environmental Protection. Section 5. That should any section or provision of this Ordinance or any portion thereof be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. ;ection 7. This ordinance shall become effective immediately upon its passage. FIRST READING this ~ day of ., 2002. S:\CA\Ordinances\DRl\Motorola DRI Amendment.doc Page 8 SECOND READING and FINAL PASSAGE this ~ day of , 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\Ordinances\DRl\Motorola DRI Amendment.doc Page 9 XlI. - LEGAL CITY OF BOYNTON BEAC ITEM B.2 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Comrmssion Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 2I, 2003 January 6, 2003 (Noon.) [] March 18, 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Un£mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the December 3, 2002 City Commission Agenda under Legal, Ordinance - First Reading. This rezoning corresponds with the proposed land use map amendment transmitted to the State Department of Community Affairs on July 5, 2002. On July 2, 2002, the City Commission, with a 4-1 vote, recommended it be approved. EXPLANATION: PROJECT: South Congress Residential (LUAR 02-002) AGENT: Kieran Kilday of Kilday & Associates, Inc. OWNER: Congress Industrial Park, L.L.C. LOCATION: East Side of S. Congress Avenue opposite Hunters Run PUD DESCRIPTION: Request the rezonmg of the property from M-1 Industrial to (PUD) Planned Unit Development to coincide with the approval of the Site Plan/Master Plan for the property. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~Td/ N/A/~~//~C/ Developrt~n(De~artrn~'ntbirector City Manager's Signature Planning and Zoni~]girector / ' City Attor~-fFmance / Human Resources S:~BULLETIN~©RMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE REZONING OF VACANT LAND CONSISTING OF +32.159 ACRES ON THE EAST SIDE OF SOUTH CONGRESS AVENUE; AMENDING ORDINANCE 02-013 OF SAD CITY BY REZONING THAT TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM M-! (INDUST~) TO 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 No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Congress Industrial Park, LLC, as owner of the property more mrticularly described hereinafter, has heretofore filed a Petition, through their agent, & Associates, Inc.,/Kieran Kilday, pursuant to Section 9 of Appendix A-Zoning, the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a :ertain tract of land consisting of +/-32.159 acres, said land being more particularly 'ibed hereinafter, from M-1 (industrial) to PUD (Planned Unit Development), ject to all staff comments; and WI-IEREAS, the City Commission conducted a public hearing on July 2, 2002, heard testimony and received evidence which the Commission finds supports a for the property hereinafter described; and WI-IEREAS, during the public hearing the applicant for the Rezoning made representations which were considered and were relied on by the City 'ommission in reaching its conclusions regarding the appropriateness of the proposed The material representations made by applicant are set forth in the minutes of :\CA\Ordinances\Planning\Rez°ning\Rez°ning - South Congress Residential.doc the City Commission meeting/Public Hearing conducted July 2, 2002. WHEREAS, 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 WItEREAS, 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 TI-IE CITY COMMISSION TItE CITY OF BOYNTON BEACI-I, FLORIDA, TI-IAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated y this reference. Section 2. The following described land, located in the City of Boynton Florida as set forth as follows: SEE ATTACHED EXHIBIT "A" e and the same is hereby rezoned fi.om M-1 (Industrial) to PUD (Planned Unit Development). location map is attached hereto as Exhibit "B" and made a part of this Ordinance by fference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended Section 4: All ordinances or parts of ordinances in conflict herewith are hereby Section 6: Should any section or provision of this Ordinance or any portion thereof declared by a court of competent jurisdiction to be invalid, such decision shall not affect the is Ordinance. \CA\Ordinances\Planning\Rezoning\Rezoning - South Congress Residential .doc Section 7. This ordinance shall become effective immediately upon passage. 7IRST READING this ~ day of ., 2002. FINAL READING and PASSAGE this ~ day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ,T: Clerk Corporate Seal) \CA\Ordinances\Planning\Rezoning\Rez°ning - South Congress Residential.doc LEGAL D~CR~PTiON A parcel of land in ,~ portion of the Southwest one-~uarter (SWl//4) of Section 5, Township 46 South, Range 43 £ost. Palm Beach County, Florida, be' porticuJ(~rly described aa follow~ . · commencing at th- c__,,_ . mg more · ~ -~uu[nwes! corner of said Section 5; thence run North (:the West line of Section .5 is assumed to bear North-South and o1[ (3thor bearings are relative thereof) along the West said Section 5, a distance of 110.00 feet to o point; thence run line of degrees 48 minutes 45 seconds E:ost,/~3 dist(3nce of 5.3.00 feet toS°uth 89 o point in the £ost right-of-way line of Congress Avenue and the Point of Be innin the herein described I~rcel; thence c · o distance of 1460.21 feet ,.,_on, t;n.u.e on the precedin g. g_of Seaboard C~,~-* -; ..... .to a po,,t en the W . ~ described Course, .... ...7.o, u,= ~a,roocl; thence ,~,,, ~,-..,~_ e~terly right-of-way line seconas Last, along said Waste,+,, .~_~-,,_,.,,urm ..~8 degrees 21 minutes 9' ' t ,,,j,-or-way ~me, (3 distance of 607 051 hence North 89 degrees 58 minutes · . feet; thence, Nort n .,__ __ 02 seconds We . __ _._ feet; 390.75 feet' ~k---~l-~'-.u.e~.rees u1 minutes 58 ,, ..... st,_a .d~st<]nce of ~91.35 , ,,,~,,~e ~ -,~,-,~-as I:.as, di of ~n-~ ,,= .... orti~ 48 deoreee x~ --; ..... t o stance of c.,, ........ '"~.-~, more or le~-T-'~x-~-;---~.-~--~'_~~ .me?ce Wes_l:, o --,,,,~j,==s /~venue; the.--- ,- -- , --, ,,,~ =u,<~ ~.(3sl:erl.. -;-,-- ----- ,,<.= =oul:n alan,, -.-:~ ..... . .v ;~cJn[-ot-wa line 146,3.76 feet to the P,,;.., -- - ~ =u,u ngn[-or-wov line .... Y . of '"', g[ oeoin ;-~ ~-=.~ __ . ; -.-, u <~ls[once or ~ n...~..~u,u porce~ subject to the following · LESS AND EXCEPT : A Hght-of-way over the Westerly 80 feet of the £osteHy 190 feet (:as measured at right angles to) thereof for the Lake Worth Drainage District Canal No. E-3 1/2, as recorded in Official Records Book 1803, Page 254, of the Public Records of Palm Be(3ch County, Florida. Location Map S LONE PINE RD ~- i ~ / '- i ~ ~ --: " / 'i i w 900 0 900 1800 2700 3~00 F~t XII. - LEGAL ITEl4 C.1 CITY OF BOYNTON BEACt 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 Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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: To amend Resolution No. 01-250, which establishes guidelines for the eligibility of the hardship waiver for the City's Fire Rescue Special Assessment. EXPLANATION: In Section 4, Paragraph A, of the Resolution, it states "Residential Property Owners who meet 2001 HHS Poverty Guidelines." This paragraph should be amended as follows; "Residential Property Owners who meet current HHS Poverty guidelines." PROGRAM IMPACT: FISCAL IMPACT: n/a ALTERNATIVES: Department Head's Signature City Manager's Signature Department Name - - ' ~i~'~ti(~t:ney / Finance / Human Resources SSBULLETIN~FO~S~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION NO. 01-250, SECTION 4, PARAGRAPH "A", OF THE HARDSHIP EXTENSION LOAN PROGRAM, (H.E.L.P.) FOR THE FIRE RESCUE SPECIAL FIRE ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach has previously tdopted Ordinance 01-34, authorizing the imposition and collection of fire rescue special ~ssessments against property; and WHEREAS, the City Commission of the City of Boynton Beach has adopted p eSOlution 01-217, which is the Initial Assessment Resolution for the City's Fire Rescue ecial Assessment; and, WHEREAS, the City Commission adopted Resolution No. 01-250, which provides or partial waiver of the special assessment for hardship for eligible Residential Property and, WHEREAS, this Amendment will change the eligibility of the property owner to current HI-IS Poverty Guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and onfirmed as being true and correct and are hereby made a specific part of this Resolution adoption hereof. SECTION 2.. The City Commission of the City of Boynton Beach, Florida hereby City Resolution 01-250, Section 4, Paragraph A as follows: SECTION 4. The following individuals are eligible for financial ~istance: A. Residential Property Owners who meet current HHS Poverty ;:\CAW, ESO\Legislative Acfions~Amendment - assessment hardshipS82801 .doc SECTION 3. This Resolution shall become effective upon adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF N BEACH, FLORIDA, THIS DAY OF DECEMBER, 2002. MAYOR COMMISSIONER COMMISSIONER COMMISSIONER COMM/SSIONER ~.TTEST: CITY CLERK AS TO FORM: A. CHEROF, CITY ATTORNEY ;:\CAhRESO\Legislativc Actions~S, mendment - assessment hardship0~2801 .doc XII. - LEGAL CITY OF BOYNTON BEACH ITEM C.2. 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 Meetimz Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (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: Motion to approve a Resolution abandoning a portion of S.E. 2"d Street south of S.E. 12 Avenue and north of Woolbright Road (Gulfstream Lumber property), and authorization to record the Resolution and Disclaimer in the Public Records of Palm Beach County after receipt of utility easements to the City for the entire abandoned parcel. EXPLANATION: On May 2, 1995, the City Commission of the City of Boynton Beach approved an abandonment of this parcel, which was subject to certain utility easements being recorded prior to finalization and recordation of the Resolution and Disclaimer for abandonment. The City Attorney has been contacted by the law fawn of Shutts & BoweR, which represents the purchasers of the Gulfstream Lumber Company property, and have requested that this abandonment process be completed by the recording of the Resolution and Disclaimer m the Public Records of Palm Beach County. Staff requests that this Resolution be approved, and thereafter recorded in the Public Records upon, and not until, receipt of the aforementioned utility easements. PROGRAM IMPACT: N/A FISCAL IMPACT: ALTERNATIVES: --t- Departn~I~"l~ad's Signature amre City Attorney Department Name /~-' City Attor~y ? l~inance / Human Resources S :~BULLETIN~FORMS%S~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A 300 FOOT LONG PORTION OF S.E. 2ND STREET, WHICH IS A PUBLIC RIGHT OF WAY, MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO THE RECORDING OF UTILITY EASEMENTS FOR THE ENTIRE ABANDONMENT; AUTHORIZING EXECUTION OF A DISCLAIMER, WHICH SHALL BE RECORDED 13I THE PUBLIC RECORDS OF PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WIIEREAS, on May 2, 1995, the applicant, Gulf Stream Lumber Company requested the abandonment of a 300 foot long portion of S.E. 2nd Street, which is a public fight-of-way; and WIIEREAS, this abandonment was approved on May 2, 1995, by the City Commission, subject to the recording of a utility easement on the entire right-of-way; and WHEREAS, comments were solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board and the City Commission on the proposed abandonment; and NOW, TIIEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACII, FLORIDA TI-IAT: Section 1. The foregoing Whereas clauses are tree and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida by and through its City Commission, in return for the requisite utility easements, does hereby abandon the 300 foot long portion of S.E. 2"d Street, which is a public fight-of-way, and is more particularly set out in the Location Map, sketch and legal description attached as composite Exhibit "A", and subject to the recording of utility easements for the abandoned property and all other staff comments. Section 3. Execution is hereby authorized and the City Clerk shall be directed to deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This Resolution shall take effect immediately upon passage. ;:~CA\Ordinances~:~andonments\Gulfstream A~ando~me~t.~oc PASSED AND ADOPTED this __ day of December, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk ~:~CA\Ordinances~Abandonments\Oulfstream Abandonment.doc EXHIBIT "A" That part of the right of way for Southeast 2nd Street (formerly Ronald Street) as shown on the plat of Central Park, according to the plat thereof recorded in Plat Book 12, Page 12 of the Public Records of Palm Beach County, Florida, described as follows: Begin at the northwest comer of lot 20 of said Plat of Central Park; thence S. 0° 54' 40" E., along the west line of lots 20, 21, 22 and 23,300.00 feet to the southwest comer of said lot 23; then N. 90° 00' 00" W., 50.00 feet to the southeast comer of Lot 24; thence N. 0° 54' 40" W., along the east line of lots 24, 25, 26, 27, 28 and 29, 300 feet to the northeast comer of said lot 29; thence N. 90° 00' 00" E., 50.00 feet to the point of beginning. ~:\CA\OrdinancesXAOandon me~ts\Gulfstream At~anOonment.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon the portion of S.E. 2nd Street south of S.E. 12th Avenue and north of Woolbfight Road, more particularly described as follows: That part of the fight of way for Southeast 2nd Street (formerly Ronald Street) as shown on the plat of Central Park, according to the plat thereof recorded in Plat Book 12, Page 12 of the Public Records of Palm Beach County, Florida, described as follows: Begin at the northwest comer of lot 20 of said Plat of Central Park; thence S. 0° 54' 40" E., along the west line of lots 20, 21, 22 and 23, 300.00 feet to the southwest comer of said lot 23; then N. 90° 00' 00" W., 50.00 feet to the southeast comer of Lot 24; thence N. 0° 54' 40" W., along the east line of lots 24, 25, 26, 27, 28 and 29, 300 feet to the northeast comer of said lot 29; thence N. 90° 00' 00" E., 50.00 feet to the point of beginning. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of ,2002. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager Interim City Clerk STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared KURT BRESSNER and JANET PRAINITO, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; k \CA\Ordinances~Abandonmen ts'~Gulfstream Abandonment.doc that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this __ day of ,2002. NOTARY PUBLIC, State of Florida My Commission Expires: :\C;A\Ordinances~Abandon ments\C~ulfstream AbarldO~lment.doc EXHIBIT "A" That part of the fight of way for Southeast 2nd Street (formerly Ronald Street) as shown on the plat of Central Park, according to the plat thereof recorded in Plat Book 12, Page 12 of the Public Records of Palm Beach County, Florida, described as follows: Begin at the northwest comer of lot 20 of said Plat of Central Park; thence S. 0° 54' 40" E., along the west line of lots 20, 21, 22 and 23,300.00 feet to the southwest comer of said lot 23; then N. 90° 00' 00" W., 50.00 feet to the southeast comer of Lot 24; thence N. 0° 54' 40" W., along the east line of lots 24, 25, 26, 27; 28 and 29, 300 feet to the northeast comer of said lot 29; thence N. 90° 00' 00" E., 50.00 feet to the point of beginning. :',C,A\O rdinances~oand onments ~Gul fstream ~Oon~t.tto~ XII. - LEGAL ITEM D.1 CITY OF BOYNTON BEAC] 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 Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Admimstrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve settlement of the litigation between the City and Boynton Beach Apartments Associates, LTD., Case No. 02-6174 AD, in the amount of $20,000.00. EXPLANATION: Parties have reached an agreement for settlement of this matter, pending approval of the City Commission. PROGRAM IMPACT: FISCAL IMPACT: n/a ALTERNATIVES: Department Head's Signature l~ii~ Manager s Signature Department Name la,fey / Finance / Human-ResourCes S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC XD'I-UNFI'NI'SHED BUSI'NESS fl'EM A.. CITY OF BOYNTON BEAC[ AGENDA 1TEM REQUEST FORM Requested Ci.ty ComnUSsion Date Final Form Mu~t be Turn~l Requested Ci~ Cormmssion Date Final Form Mu~t be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] De, cem~ 3,21./O2 November 18,2002 (N,xm) [] Februa~. 4, 2003 January 21, 2003 (Ntxm) [] December 17.2002 December 2. 2002 (Noon) [] Februa~ 18,2003 Febnm~ 3, 2003 (Noon) [] January 7, 2003 lD~n:emb~ 16, 2002 (Noon) [] Mamh 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 JanuaI), 6, 2003 (Noon.) [] March 18,~ 2003 March 3, 2003 {Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA 1TEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Review Recommendation of CRA for Adaptive Re-Use of Old High School Building and authorize: 1. Provide an allocation of $50,000 from City's Capital Improvemem Fund for afeasibditystudyfor _m____~_#ve re- use of structure per attached report dated November 19, 2002 from CRA Director. 2. Postpone demolition plans until after January 1, 2004. 3. Establish a an M-hoc seven member task force made up ofrepresematives of the CRA (three including Director), Cultural Board (two), community groups (two). Note that the CRA Director has suggested that the committee be increased to nine members allowing four persons from community groups such as the Recreation and Panks Board and City staff. CM concurs that representation from Recreation and Parks Board is desirable. EXPLANATION: The City Commission requested that the CRA re-review the status of the High School and forward a plan for its re-use or to affirm the demolition of the structure. PROGRAM IMPACT: Limited to maintenance &the structure one more year. FISCAL IMPACT: The cost of insurance, power and maintenance of the building for an additional year is expected to be approximately $20,000. This will need to be funded from the City's General Fund and Risk Management Fund. ALTERNATIVES: Proceed with the demolition of the structure. The City has budgeted $250,000 in the CIP for this purpose. Department Head's Signature C~Yy Manager's Signature Department Name City Attorney / Finance / Human Resources To: Kurt Bressner- City Manager From: Doug Hutchinson - CRA Director Date: 11/19/02 Subject: CRA's Old High School Adaptive Re-Use Recommendation On November 11th 2002 the CRA Board passed a Motion to recommend the following three-part direction for the adaptive reuse of the Old High School. The exact Motion and discussions from the meeting minutes are attached for your review. The CRA Director's report has also been attached for reference. First, the CRA requests that $50,000 of the $250,000 allocated by the City to demolish the Old High School be used to underwrite new structural, architectural, land planning and feasibility studies for the new adaptive re-use vision for the Old High School. Second, that the City postpones any demolition plans for twelve (12) months and allows time for the new studies to be completed. Third, that the City establishes a Task Force charged with developing the final design, use allocation, and funding strategies to move the efforts forward. It is recommended that the Task Force should be comprised of seven members. These members are suggested to be three from the CRA (including the CRA Director) two from the Cultural Board, and two "others" from community groups that have expressed interest in the project. CRA Director would suggest that the "others" be perhaps extended to four places; the mayor, senior City administration, Arts program staff and a Parks & Recreation Board Member. The following persons have expressed on interest in sitting on the Task Force; Don Fenton - CRA, Henderson Tillman - CRA, Dale Sugerman - Assistant City Manager, Virginia Shea - Arts Center Staff and William Orlove - Parks & Recreation Board. This is in no means everyone who would like to serve on the Task Force nor has the CRA Director solicited potential members. These names appear as a matter of information to be considered and are not endorsed or forwarded by the CRA Board. It is Staff's feeling that a small, diversified but focused group can best make this project a reality. Note also that the Heritage Society is already represented on the Museum Board and therefore does not have an additional place on the Task Force. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Chairman Finkeistein inquired if the authorization for a single purchase of $250 and $500 in anyone 30-day period would still apply and Mr. Hutchinson responded that they would. Vice Chair Heavilin inquired why staff was in need of a credit card and Mr. Hutchinson responded that they could be used to reserve rooms for Board members to attend conferences and for other travel related items. Mr. Aguila inquired if staff members were required to notify Mr. Hutchinson prior to using the credit card and he was informed that was the procedure. He was also informed that the statements would be available to Board members for their inspection and will be included on the financial statements. Motion Mr. Fenton moved for approval. Motion seconded by Mr. Tillman and unanimously carried. V. Public Audience Chairman Finkelstein announced that speakers would be limited to three minutes. Hilary Lynch, 28 Country Road, Village of Golf, President of the Board of the Boynton Cultural Centre, Inc., known as the Schoolhouse Children's Museum on Ocean Avenue, explained that the Boynton Cultural Centre is a non-profit corporation that has spearheaded the efforts to develop a hands-on Children's Museum by partnering with the City. While Ms. Lynch spoke, Brian Edwards distributed informational material, along with Ms. Lynch's speech to the Board members. Ms. Lynch pointed out that the Boynton Cultural Centre had been aware over the past months of the issue to tear down the Old High School, but chose to remain neutral because of the close partnership their Board has with the City. Ms. Lynch was present tonight, along with other members of their Executive Committee and Long Range Planning Committee to ask for time for the Boynton Cultural Centre to consider plans and practical uses for the Old High School. Ms. Lynch pointed out that they have the capability, experience, energy and knowledge on how to raise the money needed to save the Old High School. Now that the CRA is in charge of the project, they would like to work with the CRA Director to formulate ways to use the Old High School and they would like time to discuss the use of the Old High School with their entire Board. William Orlove, 2459 SW Cranbrook Drive, Boynton Beach is a member of the City's Recreation and Parks Board. Mr. Oriove would like the Old High School preserved for Boynton's future. He noted the success of the Children's 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Schoolhouse M~seum and felt that the Old High School could enhance the Museum and bring more people downtown. Mr. Odove requested that the CRA study the issue further and move forward in a positive way. Bruce Black felt that the decision about the Old High School is one of the most important decisions that could be made. He pointed out that several individuals have expanded into downtown and that the opening of the Children's Museum has been one of the greatest successes in the City. He noted that the voters passed the County's bond issue to create more cultural centers and he feels that this could happen in this area. Mr. Black was against tearing down the Old High School. He noted that there has been talk about putting in a band shell and this will draw people to the downtown, as well as the Marina Project on the other side of Town. Mr. Black felt that teadng down the Old High School would be contrary to the Visions 20/20 Plan and challenged the City to put up some money and partner with the CRA on the project. He noted that the City had money that could be earmarked for the project. Mr. Black also stated that the Library expansion will be taking place and the Old High School would be a great addition to the area. Brian Edwards, 629 NE 9th Avenue, Boynton Beach spoke on behalf of the Executive Committee of the Cultural Centre and said that they have not had an opportunity for their full Board of Directors to meet with the CRA Director. There are funding and timelines that need to be addressed and he would like additional time for their Board to work with the CRA Director. He indicated that they could come back to the CRA Board within 9 to 12 months with a proposal. They have an active Board, major donors, community support and a proven track record. He urged the Board to give their proposal serious consideration. Har~ey Oyer, 512 N. Seacrest Boulevard, Boynton Beach is a Trustee of the Boynton Historical Society and has been trying to have the Old High School preserved. Mr. Oyer felt that the City, when it was given the Old High School, should have placed it on the National Historical Registry. The Historical Society created the Cultural Centre, Inc. so that the project could be a community-wide project. He would like the Historical Society to be given an opportunity to come up with a viable program for the use of the building and an opportunity to provide input. He did not think that the project should be turned over to the Cultural Centre, Inc. Chairman Finketstein closed the public audience. Mr. Aguila asked if the item could be addressed now or should the Board wait until it appears on the Agenda under Old Business? Mr. Aguila requested that the item be moved up. Chairman Finkelstein stated that the item could be moved up after the last Public Hearing Item as Item VI.F. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 also pointed out'hat he has a great deal of work to do and that he had time limits that needed to be met. Mr. Aguila seconded the motion. Members requested that the item be tabled until the next meeting. The motion unanimously carried. F. Historic High School Adaptive Re-Use Plan Presentation (moved up from Item VILLA.) Mr. Hutchinson said that he had nothing new to add to his report in the Agenda packet. Members Comments: Mr. Aguila felt that what has been done with the Children's Museum in such a short time has been phenomenal and shows a vision and effort that should be commended. Mr. Aguila further pointed out that over the past ten years since he has been involved with the City, the Historical Society has done nothing of substance to the Old High School and there have been times when he supported tearing the building down. He was very impressed with the previous presentation and Mr. Hutchinson's report. He felt that it was time to look at it seriously to see if something could be done with the building to make it viable. Mr. Tillman also said that there were times when he felt that the Old High School should be torn down based on the fact that no one brought forth any workable plan. Because of the success of the Children's Museum, Mr. Tillman felt it is possible to do something with the Old High School and would like to move forward with this. Mr. Fenton pointed out that originally the cost was at $5 million to redo the Old High School and now the costs are down to half of that cost. Tonight was the first time that he has seen some vision and a proposal of substance submitted by people who can do it. Mr. Fenton felt it would be reasonable to give the Boynton Cultural Centre, Inc. another year to come up with a proposal. Ms. Hoyland commended the Children's Museum for asking for more time to bring a proposal back to the Board, but she did not feel comfortable leaving the proposal entirely in the hands of the Children's Museum. Ms. Hoyland felt that their intent was to work with the CRA and City staff to bring something forward. She would like the investigation of restoration of the building to be a joint effort, and she would be willing to support an extension of time to allow the parties to come up with a plan. She recommended that the Children's Museum, CRA and the Historical Society all work together. Mr. Fenton suggested a Committee be set up under the jurisdiction of the CRA that would include the Executive Director of the CRA, two CRA Board members, 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 two members from the Children's Museum and two members from other organizations and to provide them with an additional 9 to 12 months. He felt it was important that there be some kind of structure. Mr. DeMarco had concerns about the structure of the building and he would like assurances that they are proceeding in the right direction and to ensure that the structure is salvageable from an engineering standpoint. He would like to see a theater included in the building and that the building would be available to other civic organizations. Mr. Hutchinson responded that when inspections were performed on the building, there were some issues that had to be checked out. Mr. Hutchinson said that they did not have the funds to do this, but noted that the City offered $50,000 at the last meeting for a study. One of the first things that he would do would be to follow through on Mr. DeMarco's recommendation. This could be done with the City's $50,000. Vice Chair Heavilin noted that there is conflicting information regarding the structure and contamination of the building. She felt that the report was biased and was not factual. Further, Vice Chair Heavilin did not think that the CRA should become involved in the project since this is not done with other projects. Chairman Finkelstein reported that City staff still favors demolition, and he did attend the Ocean District Plan meeting where a majority of those present voted to raze the building and build a park in its place. They would like to use the money to demolish the current Civic Center and build a new Civic and Cultural Center from scratch; however, there were only 14 people at the meeting. This shows that there really has not been that much public input. Chairman Finkelstein said that consideration needs to be given to determine if the restoration would fit into the overall plan of Town Center and is it worth saving. Another thing that the Board needs to consider is whether this should become a CRA project and should the CRA put money into it. Chairman Finkelstein was not against a committee being set up to explore possibilities for the building and to come back at a future date with their plans, but felt that anything that is brought forward would have to go to the Commission for approval. The CRA has been asked to make a recommendation and there is a lot of information needed to make a decision. Mr. Tillman said that they had to start somewhere, and he was not opposed to letting interested parties come up with a plan. He pointed out that the Old High School did not have to be a CRA project and felt that a committee should study it. He would like the new Director to have an opportunity to look into this further and to use the $50,000 to determine if the structure is sound. 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Motion Mr. Fenton moved (1) to request the $50,000 from the City; (2) ask for a one-year extension; and (3) create a committee of seven members--three from the CRA, including the Director, two from the Children's Museum, and one each from other interested organizations in the City. Motion seconded by Ms. Hoyland. Vice Chair Heavilin noted that since the Cultural Centre indicated that they would be willing to take the project on, she would be against having a committee formed. She felt that the Cultural Centre should be the entity to undertake the project. Chairman Finkelstein noted that the full Board of the Cultural Centre has not approved the project and they needed more time to see if the Board was agreeable to taking on the project, which Mr. Edwards confirmed. Mr. Edwards also pointed out that the President of the Historical Society serves on the Cultural Centre and therefore would be very much a part of what the Cultural Centre would be doing. Further, Mr. Edwards pointed out that the Cultural Centre is well beyond just the Children's Museum. Mr. Fenton amended his motion to change the two members of the Children's Museum, to two members of the Boynton Cultural Centre, Inc. Ms. Hoyland agreed to the amended motion. Vice Chair Heavilin inquired how much time would be needed to get the entire Board's approval. Mr. Edwards stated that their next Board meeting is November 21st, at which time this will be discussed. Mr. Aguila suggested that the only action the Board take tonight is to support the momentum and not take any formal action or create any committees. Mr. Tillman called for a point of order. Attorney Payne advised Chairman Finkelstein to call the question and he requested that the Recording Secretary call the roll. Vote The motion carried 4-3 (Chairman Finkelstein, Vice Chair Heavilin and Mr. Aguila dissenting.) RECESS WAS DECLARED AT 8:50 P.M. THE MEETING RECONVENED AT 9:00 P.M. Chairman Finkelstein requested that Item VIII.B, "Heart of Boynton Update" and Item VIII.C "Consideration of a Contract for Services for the CRA Way Finding Program" be moved up and heard next. 17 MEMO To: CRA Board Members From: Doug Hutchinson - CRA Director Date: November 5, 2002 (revised 11/19/02) Subject: Old High School Adaptive Re-Use Plan The CRA Staff was charged with developing an Adaptive Re-use plan for the Old Boynton Beach High School. Because of the very short time frame given and previous work loads, the CRA staff has developed only preliminary aspects of the re-use plan. Staffs findings are contained herein and in staff's opinion, present a clear and feasible three fold strategy for the building. First elements that were explored by staff addressed "rumors" and "alleged" conditions relating to the structure. Engineering studies performed by the City's consultant gave the building a "conditional", good structural status. There are structural issues, however none of impacts warrant building removal. "Contaminates" for the most part are organic; pigeon droppings, fleas, rodents, etc., all of which are easily addressed. We will not recite the structure's design features as those are both obvious and redundant with materials available in other existing studies. (A study has been copied for Board background information). The Historical Society's architect "REG" made the following observations which have merit and impact. 'q-he physical condition of the building has issues that need attention. Roof repair or replacement needs to be done. Repair work to areas affected by moisture infiltration will also be required. All other areas of damage (structural and non- structural) will require immediate attention to stabilize the building. After stabilization, complete replacement of the buildings mechanical and electrical Old High School Adaptive Re-Use Recommendation CKA Director's Report Page 1 of 9 systems will need to be done. A structural analysis was done in 1995. Verification of the building's current condition will need to be compared with the earlier report. Further deterioration (if any) will then need to be analyzed so structural repairs can be done. An extensive re-inspection of the building will be needed to address areas of repair, hazardous/noxious material and waste removal and stabilization to be completed. Once this is done, an inventory of significant historic features and details needs to be completed." "REVISIONS" '2-he existing air conditioning single window units need to be removed. All non- original windows need replacement with historically compatible units. The existing building's high ceilings and attic spaces can accommodate centralized HVAC units. The existing electrical needs to be replaced. All the plumbing should also be replaced, as it is steel, mostly original and in poor condition. Extensively revised bathrooms and kitchen will also require plumbing replacement. All new mechanical, plumbing and electrical systems should not detract from any of the historic features and details. If they are not able to be hidden, they should harmonize with them in the best possible way under the direction and supervision of an architect experienced in historical preservation and adaptive re-use." However, clearly a common sense restoration approach needs to prevail in regards to the renovation of the Old High School. This philosophy has not been the chosen path previously. Past restoration recommendations for re-use generated costs beyond reasonable expectations. The restoration philosophy should be one of utilization within the facility's capabilities first and "show" second. Mechanical systems should be exposed and identified as "new" so as to not confuse the building's history. Restraint should be used to not over glamorize the structure. Once again, use within the building's capabilities should be the driving purpose to save the building. The physical status of the building is not as formable as rumored and therefore would not play a supporting roll in consideration of demolition. Old High School Adaptive Re-Use Recommendation CRA Director's Report Page 2 of 9 The next issue was to consider if the building was "historic" or "architecturally" significant to the community. Initial opinions from several local sources and entities were that neither were applicable, however the building does easily meet all criteria for placement on the National Register of Historic Places and is without question a significant historical site for the community. Its size, former use, position within the community's fabric as a school and its impact on thousands of citizens over the years adds undieable support beyond its age for community significance. Architecturally it clearly represents the style of public schools of this vintage. The building undoughtedly contributes to the architectural heritage of the community. These aspects are qualifiers for a broad base of grant sOUrces. It should be noted, that the building is not just an old building, but a center piece of the community and as such will score high on grant source reviews. The real consideration to save the old school revolves around the feasible adaptive re-use of the building. The project is too large for one entity to undertake alone. Re-use must be common sense and sustainable. The re-use has three potential outcomes. One is public uses, one is private uses and a public / private blend of uses. A preliminary design concept for space use has been drafted by staff and Jim Barretta, who volunteered his services to draw the project. It should be noted that the space uses were designed to provoke thought and to visualize the re-use in a new light. Public Uses: Potential public uses are for additional support space for the Children's Museum, Cultural Activities, Arts Program expansion, Puppet Society, Heritage Society and City Offices. The building may be overseen by one Board or Department who would then manage and coordinate the building usage allowing the city, other non-profits and departments to have or rent space. Space design aspects give the ability to the arts, museum and cultural organizations to have events take place within a redesigned gym featuring a Old High School Adaptive Re-Use Recommendation CRA Director's Report Page 3 of 9 mezzanine and atrium. The space offers gallery area and catering from the lower level food services for hosting quality events. Interaction of the community with arts and culture events will bring more involvement and exposure for a broad range of citizens. One of the potential tenants of the high school includes the Children's Museum. The Children's Museum has just completed 11 months of operations in record setting pace. They have had just under 30,000 visitors in the first 11 months. Seven times this summer the museum had to be closed down for short periods of time because of maximum capacities. They were rated as one of the top Children's Centers in the three county area. Their quality, innovation and commitment have made the museum a "dream-come-true" for the community. They will continue to grow and will have needs exceeding the current age group served by the Museum. They seek accreditation, a truly needed benchmark to sustain growth. But for accreditation the Museum must address issues such as storage, preparation space, office and support services. The current structure can not provide the need space requirements. The Children's Museum has asked about potential space consideration in the high school structure. They indicated they have on interest, need and ability to help secure funding through their current patrons, grants and potential new sponsors. If the high school is removed, their space needs still remain and because a new structure has to be carefully designed and placed on the site so as to not impact the historic museum, the project would have several new obstacles to overcome. Elements within the restoration design could also create additional revenue sources the museum. One example is the concept of a coffee / snack / sandwich shop. A factor which broadens the potential use of the high school by the Museum is that the overseeing Board is charged with culture development in Boynton. This opens the vision of the complex to a broader age group of kids being served and Old High School Adaptive Re-Use Recommendation CRA Director's Report Page 4 of 9 other heritage / cultural activities. These needs are currently unaddressed in the community. The Old High School would give opportunity for the success of the Children's Museum to be applied to the benefit of more of Boynton. Another potential occupant of the Old High School is the City's Code Compliance department. The City's code compliance offices currently sit in a double wide in front of the old school. The Department would require 2,000 of space to move the offices into the school. Staff has indicated that space in the building upon restoration would serve their needs. The first floor would be divided to separate professional offices from other uses, but yet not significantly alter the historic structure. The use also does not impair potential other future uses by other agencies, non-profits, etc. The adjacent surface parking lot would continue to be used for employees and the public to interact with code compliance. The use of the high school, at least in the short term, is probably the most reasonable solution to this City Department's space needs. The Arts Programs are potential users of the building. The Old High School space will afford the expansion of existing programs which are over subscribed in the current center. The arts program could be broadened to serve more age groups and types of arts taught. The space has potential for public exhibit areas and for rental of artist studio galleries. Note that these uses may only be midterm until new City facilities for the arts can be built. This will allow other programs and groups to grow and build strength so that they can potentially assume more of the historic high school space as the arts and other City offices move out. The restoration of the old high school gives expansion room without overwhelming emerging groups or programs. Old High School Adaptive Re-Use Recommendation CRA Director's Report Page 5 of 9 The final reality of the re-use of the old high school is that it is the only feasible answer to City space needs in the short to mid term at an affordable cost for several facilities and departments. If the Old High School is removed the public uses still require space, and the reality of the timing for new City buildings is, at best, a couple of years away. Additionally, placement of any new structures including adjacent parking garages will have an impact on Children's Museum. It can be clearly argued that the existing historic structure is preferred over new site construction. The proposed site plan presents viable parking, public areas, and new City expansion space without losing or endangering historic buildings and sites. Staff believes that the City does not suffer nor lose any future opportunities by keeping the old high school and as a matter of fact, it can be argued that because we would save it, additional funds for a new performing arts facility would be easier to attract because of the community's commitment to its heritage and culture. Momentum from the success of the Children's Museum has shown the community that heritage and cultural projects can succeed and in deed blossom. Private sector usage concepts include the same space designs but use switches to office rental space. The private development concept would have the advantage of generating a taxable property for the City. A concept is to have the departments or entities needing space lease it from the private developer. This would include City needs for office space. Non-profit groups many be able to obtain limited space at a reduced or no cost because of tax advantages available the private owner. It would be proposed that the structure be offered at no cost or on a long term lease to the private sector. The private developer could also receive a Federal 20% income tax credit for a historic restoration, thereby further enhancing the economics of the project. Negotiations with private developers for public/private project might include elements such as parking garage and new office space for rent by the City. The point is that a variety of options are open for a joint venture project on the old school renovation. Old High School Adaptive Re-Use Recommendation CRA Director's Report Page 6 of 9 Restoration costs from several previous groups have not been base on a "how to save the building" scenario, but instead "how to get rid of it" or "how to make it into something that it is not". The reality is that the building must be renovated with an adaptive re-use and budget in mind. Interior finishes can always be up graded later, but this was a school, not the Ritz. Practical finishes need to replace several hundred of thousands of dollars in previously proposed glamour. Opening walls to hide all mechanicals is not only unwise for the budget, but the process changes or alters the historic feeling of the building and its original purpose of utility. Other items such as special windows, concrete, extensive general conditions, woods and plastics, site work, etc. given in the REG study do not reflect a practical renovation process or cost estimate. Further study of the renovation costs need to be performed by a renovation contractor to develop a realistic cost. The project has very real potential for public funding with a budget in the $2,500,000 to $3,500,000 range. As a veteran of over 60 restoration projects and owner of certified restoration tax act projects, I feel this budget range has merit. There again, selecting uses that match the historic building is key to a reasonable budget. Funding strategy is formulated for the three scenarios Public, Private and Public/Private Ownership. The public use being divided among several entities opens multiple funding sources and leverage. The school qualifying as a public historic building scores high for state and federal restoration funding. Typically historic restoration, arts and cultural grants require a matching money requirement of 10% to 30%. Therefore, a little money has a very big leverage. Further more, most Grant Sources state that, matching funds can be other grant sources so that you can cross leverage funds. Significant grant sources are available and ready for the project to be presented. These include but are not limited to the State of Florida, Palm Beach County Arts Council, The National Trust for Historic Preservation, the Meadows Foundation, Kempner Foundation, etc. The funding of Historic Building Restoration for public usage will qualify for Old High School Adaptive Re-Use Recommendation CRA Director's Report Page 7 of 9 many Public Funding sources. The Museum's track record and astounding performance is a strong anchor to build upon for grants. It should not be overlooked that corporate and citizen in-kind work and services could be substantial on the project. Just by taking another look at the project several groups have stepped up to volunteer or pledge contributions and work to restore the building. Private sector funding is based on the concept of free or long term lease on the historic structure. The private developer has the potential to rent parts of the building to agencies and non-profits for tax advantages. Restoration tax incentives are 20% on the cost of the project. The building offers revenues sources from food services and corporate rental office. Two development companies who have track record and underwriting to do the potential project have been identified and there maybe a third entity interested if the project is move forward. The private funding strategies would therefore include solely private restoration and a public/private project and uses. Operational funding for the Public owned project is projected to be a blend of income sources. Those include either rental of the coffee shop / snacks / sandwich area or the operation by one of the non-profits / agencies. Fees from visitors and program revenues from courses will generate annual funding. Special event rentals and artist studios have clear revenue potential. If City offices are in the project there may be potential funds available for restoration and/or operations and maintenance. Grants for the underwriting of programs and operating costs are feasible from educational agencies and foundations. Patron underwriting through membership activities are a mainstay of many cultural facilities and certainly are viable for this project. The perception is that there is no money or interest in underwriting the project. This perception seems to be unwarranted. Staff could find no evidence that professional underwriting, grant preparation, solicitation of corporate funding or a Old High School Adaptive Re-Use Recommendation CRA Director's Report Page 8 of 9 concerted, organized fund raising effort has occurred for this project. Further many have been intimidated to not support the concept of saving the building and therefore have not taken a stand on this historic landmark. Still more have convinced themselves that it is somehow not a historic or valuable landmark for the community; it is Ironic that when all of America is seeking a sense of community and roots that we can not see this project as significant. When a historic structure is lost it is lost forever and can never be replaced, The CRA Director therefore requests that the CRA Board give direction to the City Commission to further develop a re-development concept based on the general directions and findings herein contained and not call for the immediate removal the old Boynton Beach High School. Old High School Adaptive Re-Use Recommendation CRA Director's Report Page 9 of 9