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Agenda 04-01-03
The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA APRIL 1, 20O3 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 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLZC PARTZCZPATZON AT cTrY OF BOYNTON BEACH COMMZSSZON MEE'FZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the Cib/ Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). April 1, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Commissioner McKoy D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE Tr TO THE cTrY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORT]ON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Adoption II. III. m OTHER: A. Informational Items by Members of the City Commission ANNOUNCEMENTS~ COMMUNTrY & SPECIAL EVENTS, & PRESENTAT]ONS: A. Announcements: 1. Provide status report on supplies for Company D (Delta Demons) of 2nd Battalion, 327m Infantry Regiment of 101; Airborne Division, United States Army B. Community and Special Events Cm Presentations: 1. Proclamations: a. International Building Safety Week - April 6-12, 2003 Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 Appointment To Be Made Presentation to Boynton Team Arbor Day - April 25, 2003 Boynton Bay Apartments - Tribute National Library Week - April 6-12, 2003 Fair Housing Month - April 2003 Month of the Young Child - April 2003 Parents' and Children's Day Beach Community High School Boys Basketball ADMINISTRATIVE: Appointments to be made: Length of Term Board Expiration Date IV McKoy Advisory Bd Mayor Broening Advisory Bd I Weiland Advisory Bd II McCray Advisory Bd III Ferguson Advisory 8d IV McKoy Advisory Bd Mayor Broening Advisory Bd I Weiland Advisory Bd II McCray Advisory Bd IV McKoy Bldg. Bd of Mayor Broening Bldg. Bd of I Weiland Bldg. Bd of II McCray Bldg. Bd of on Children & Youth on Children & Youth on Children & Youth on Children & Youth on Children & Youth on Children & Youth on Children & Youth on Children & Youth on Children & Youth Reg 2 yr term Reg 2 yr term Reg 2 yr term Reg 2 yr term Alt 1 yr term Alt i yr term Stu/Reg/Voting 1 yr term Stu/Reg/Voting i yr term Stu/NonVoting I yr term Adj & Appeals Alt I yr term Adj & Appeals Reg 3 yr term Adj & Appeals Reg 3 yr term Adj & Appeals Alt 1 yr term III Ferguson Cemetery Board IV McKoy Cemetery Board Mayor Broening Cemetery Board I Weiland II McCray III Ferguson IV McKoy Code Compliance Board Code Compliance Board Code Compliance Board Code Compliance Board Community Relations Board Community Relations Board Community Relations Board IV McKoy Mayor 8roening I Weiland to 4/05 to 4 fO5 to 4 ~05 to 4 ~05 to 4 tO4 to 4 I04 to 4 f04 to 4104 to 4 t04 to 4/04 to 4/06 to 4/06 to 4/04 Alt 1 yr term to 4/04 Reg 3 yr term to 4/06 Reg 3 yr term to 4/06 Reg 3 yr term to 4/06 Reg 3 yr term to 4/06 Alt 1 yr term to 4/04 Alt 1 yr term to 4/04 Reg 3 yr term to 4/06 Reg 3 yr term to 4/06 Reg 3 yr term to 4/06 Tabled (3) Tabled (2) Tabled (2) Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 II McCray III Ferguson Mayor Broening I Weiland II McCray III Ferguson IV McKoy Mayor Broening I Weiland II McCray III Ferguson IV McKoy IV McKoy Mayor 8roening I Weiland II McCray I Weiland II McCray III Ferguson IV McKoy Mayor Broening I Weiland II McCray III Ferguson IV McKoy III Ferguson IV McKoy Mayor Broening I Weiland II McCray III Ferguson IV McKoy Mayor Broening I Weiland II McCray III Ferguson IV McKoy III Ferguson IV McKoy II McCray III Ferguson Community Relations Board Community Relations Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Library Board Library Board Library Board Library Board Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Planning & Development Board Planning & Development Board Planning & Development Board Planning & Development Board Planning & Development Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Senior Advisory Board Firefighters' Pension Trust Firefighters' Pension Trust Police Officers' Retirement Trust Police Officers' Retirement Trust Alt Alt Stu Reg Reg Reg Alt Reg Reg Reg Alt Stu Alt Reg Reg Alt Alt Reg Reg Reg Reg Reg Reg Alt Alt Alt Reg Reg Reg Reg Alt Reg Reg Reg Reg Alt Alt Reg Reg Reg Reg 1 yr term to 4/04 1 yr term to 4/04 1 yr term to 4/04 Tabled (3) 2 yr term to 4/04 Tabled (2) 2 yr term to 4/04 2 yr term to 4/05 i yr term to 4/04 2 yr term to 4/05 2 yr term to 4/05 2 yr term to 4/05 1 yr term to 4/04 1 yr term to 4/04 1 yr term to 4/04 3 yr term to 4/06 3 yr term to 4/06 1 yr term to 4/04 1 yr term to 4/04 2 yr term to 4/05 2 yr term to 4/05 2 yr term to 4/05 2 yr term to 4/05 2 yr term to 4/05 2 yr term to 4/05 1 yr term to 4/04 i yr term to 4/04 1 yr term 3 yr term 3 yr term 3 yr term 3 yr term 1 yr term 2 yr term 2 yr term 2 yr term 2 yr term 1 yr term 1 yr term 2 yr term 2 yr term 2 yr term 2 yr term to 4/04 Tabled (3) to 4/06 to 4/06 to 4/O6 to 4/06 to 4/04 to 4/05 to 4/05 to 4/os to 4/05 to 4/04 to 4/04 to 4/O5 to 4/o5 to 4/05 to 4/os Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of March 17, 2003 Regular City Commission Meeting of March 18, 2003 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approve purchase of 2 SWAT tactical rifles from SRT Supply 1:nc. in the amount of $3,353 (sole source) Authorize the Library Director to negotiate a contract with the #1 ranked architect/engineering consultant, Schenkel and Schultz Architects, :[nc. of West Palm Beach, FL, to provide architectural/engineering services for the Library Expansion/Remodel Award the "PURCHASE OF ONE NEW AND UNUSED 16 FOOT ALUM1:NUM BODIED STEP VAN," Bid #036-2516-03/C.1D, to SHEEHAN GMC of Lighthouse Point, Florida, in the amount of $39,998.94 Award the "PURCHASE OF ONE NEW AND UNUSED CONTATNER HAULER TO ]:NCLUDE OPTIONAL EQUTPMENT," Bid #038-2516-03/C.1D, to Palm Peterbilt - GMC Trucks, 1:nc. of Ft. Lauderdale, Florida, in the amount of $56,900 Award Bid #032-2413-03/CJD, DESTGN/BU]:LD SERV]:CES FOR SURF ROAD AREA WATER MA1:N REPLACEMENT PROJECT, to Douglas N. Higgins, ]:nc., and execute a contract in the amount of $519,622.50 plus approve an owner's contingency of 10% in the amount of $51,962.25 for a total project budget appropriation of $571,584.75 (Proposed Re~olution No. R03-047) C. Resolutions: Proposed Resolution No. R03-048 Re: Agreement between the City of Boynton Beach, dba The Links at Boynton Beach Golf Course, and Golf Digest to allow participation in their Golf Digest Players Club Proposed Resolution No. R03-049 Re: Execution of Task Order #24 with Utilities General Engineering Consultant, CH2M Hill, in an amount up to, but not to exceed, $135,404 for engineering services for 4 Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 10. 11. the design, permitting, bidding, and construction management services for the replacement of two surficial aquifer wells in our eastern wellfield Proposed Resolution No. R03-050 Re: Execution of the Interlocal Agreement between the Northern Palm Beach County Improvement District and 39 other Palm beach County governmental entities (including the City of Boynton Beach) Proposed Resolution No. R03-051 Re: Authorizing the Boynton Beach Recreation and Parks Board to accept, review, and forward to City Commission for approval by resolution, applications for the naming of City parks, facilities, buildings, and open spaces Proposed Resolution No, R03-052 Re: Approving a 4.5% hourly rate increase for Camp, Dresser, McKee, Inc., CH2M Hill, HaRman & Associates, Inc., and Metcalf & Eddy as allowed in the Agreement for General Engineering Consulting Services executed October 4, 2000 Intentionally left: blank Proposed Resolution No, R03-053 Re: Approval of contract renewal with Gallagher Bassett Services, Inc. for period October 1, 2002 through September 30, 2003, in the amount of $22,291 for provision of insurance claims adjustment services Proposed Resolution No. R03-054 Re: Accepting the modification to increase the square footage of sovereign submerged lands easement from the Board of Trustees of the Internal Improvement Trust Fund (T.I.I.F.) to allow waterway access to the Intracoastal Waterway from Boat Club Park Proposed Resolution No. R03-055 Re: Approval of Subordination of Easement to Declaration of Restrictive Covenant for DSS Properties, LLC/Two Georges Restaurant Proposed Resolution No, R03-056 Re: School Concurrency Interlocal Agreement Changes to the Proposed Resolution No. R03-057 existing Building Division Fee Schedule Re: Modification to the 5 Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 D. Ratification of Planning & Development Board Action: Boynton Lakes/Hastings Lane (MPMD O3-001), 22 Hastings Lane/40 Hastings Lane, Boynton Lakes PUD - Request to amend the Boynton Lakes PUD Master Plan to reduce the rear yard setback from 10 feet to 2 feet for Lots #22 and #13, Block 10 of Plat No. 4 of Boynton Lakes North PUD, to allow the construction of hard-roof room additions ITl' Industries, Inc. (USAP 03-001), Premier Gateway Center @Quantum Park (Lots 32-38) - Request for use approval for assembly and distribution of reverse osmosis and desalination equipment on lots designated "Tndustrial" in the Quantum Park PTD E. Ratification of CRA Action: None Approve a donation of $3,000 to the Gulfstream Council of the Boy Scouts of America from the law enforcement trust fund VL CODE COMPLIANCE & LEGAL SETTLEMENTS: None VII. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LZMTrED TO 3-MINUTE PRESENTATIONS VIII. IX. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Gateway Plaza (COUS 02-005) (TABLED BY ¢ITY ¢OHlffI$$IOIf TO APRIL .Zg 2003) H. Burton Smith, P.E. KWB Charitable Trust Lot 91 - Quantum Park PID (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PTD) Description: Request for conditional use/site plan approval for a gas station, convenience store with car wash proposed as the first phase of construction on this 6.54-acre parcel cTrY MANAGER'S REPORT: A. Update on Heart of Boynton Project (Item to be tabled to 4/15/03) Authorization for staff to apply for a HUD Section 108 Loan for the purpose of initiating Phase ! property acquisition in the Heart of Boynton Community Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 Redevelopment Area (Proposed Resolution No. R03-058) (Item to be tabled to 4/15/03) Aw FUTURE AGENDA TI'EMS: Authorize and approve the Scope of Services for the 2003-04 Fire Assessment Work Plan with Government Services Group, :[nc. at a cost not to exceed $20,000 (April 15, 2003) Authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7th to 10m Avenue Stormwater Tmprovement Project (TNCA Project) (TABLED TO APRTL .~ 2003,) Discussion of the City's height allowances/restrictions along the Federal Highway Corridor (April 15, 2003) Review revocation of the license agreement between the City of Boynton Beach and 3ordan Wrecker Service (May 6, 2003) Workshop regarding Cemetery options and proposal by Cemetery Board to expand cemetery west into Little League Park (Summer 2003) Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City (TABLED ON I~fARCH 1B~ 2003,) Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with .luvenile Transition Center, :[nc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) H. FRA Whistle Ban - Report (TBA) Delayed due to Federal Railway Administration Delay in Rulemaking NEW BUSTNESS: None LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 03-006 Re: Rezoning from C-4 Community Commercial and R-1-A Single Family Residential to Mixed Use Low (MU-L) for an 8,754-square foot office/retail building on 0.52 acres (Schnars Business Center) 7 Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 Proposed Ordinance No. 03-007 Re: Abandonment of a 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton (Tab/ed to IYarch 18, 2003) Proposed Ordinance No. 03-O10 Re: Amending Land Development Regulations Chapter 2, Zoning, Sections 6(a), 6(b), 6(c), 6(d), and 1:LO to restrict self-storage facilities to the M-1 ~[ndustrial zoning district; to amend the supplement regulations governing SELF SERVTCE STORAGE FACTL_T'r~ES (MINT-WAREHOUSES) to remove all references to the C-1 Office/Professional Commercial zoning district; and to include both Limited-Access Self-Storage and Multi-Access Self-Storage uses in the definition of SELF SERVICE STORAGE FACI:I__TT'[ES (MTNT- WAREHOUSES) Ordinances - 1~ Reading Proposed Ordinance No. 03-0:~1 Re: Amending the Comprehensive Plan Future Land use map to reclassify 49.695 acres of the Motorola DR] from l:ndustrial (IND) to Local Retail Commercial (LRC) Proposed Ordinance No. 03-O12 Re: Rezoning 49.695 acres of the Motorola DRT from M-1 Tndustrial to C-3 Community Commercial Proposed Ordinance No. O3-013 Re: Amending the Comprehensive Plan Future Land Use Map from General Commercial (GC) to [ndustrial (:[) (Beck's Towing & Recovery) Proposed Ordinance No. 03-014 Re: Rezoning property from C-4 General Commercial to M-1 ]:ndustrial (Beck's Towing & Recovery) Resolutions: None Other: None Agenda Regular City Commission Meeting Boynton Beach, Florida April 1, 2003 XIII. UNFINISHED BUSINESS: None XIV. AD3OURNMENT: NOT~CE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WI'TH RESPECT TO ANY MAl-rER CONSIDERED AT THIS MEETINGr HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS ANDr FOR SUCH PURPOSEt HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADEr WHICH RECORD INCLUDES THE TI~STIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WTTH A DISABILrrY AN EQUAL OPPORTUNITY TO PARllCIPATE IN AND ENJOY THE BENEFITS OF A SERVICEr PROGRAMr OR AcriVJTY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COS"rELLOr (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CI'I'Y TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FTNALAGENDA 4/1/2003 8:09 AM S:\CC\WF~CCAGENDA~AGENDAS\YEAR 2003\040103 F~NAL AGENDA REViSED.DOC 9 C I T Y O F B O YN T O NBEACHIII"ANNOUNCEMENTSitem A.X. &PRESENTATIONS AGENDA ITEM REQUEST FOI Requested City Commission Meetm~ Dates [] April 1,2003 [] .April I5. 2003 [] ,Ma5 0,2003 [] Ma.~ 20. 2003 Date Final Form Must be Turned in to City Clerk's Office March 17. 2003 (Noon.) March 31. 2003 (Nooni April 14, 2003 INoon} May 5.2003 INoom Requested City Commission Meeting Dates [] June3,2003 [] June 17, 2003 ] July 1. 2003 [] July 15. 2003 Date Final Form Xlt~st be I m to City Clerk'~ OIEce Mav l 9, 2003 (Noon June 2. 2003 {Noon} June 16, 2003 iNoon~ June 30. 2003 , NOOl NATURE OF AGENDA ITEM [] AdXmnistrative [] Legal [] Announcement [] New Business [] City. Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Update on activities associated ~vith supporting the Delta. Demons. Compauv D of the 2''a Battalion. 327'" Infantry Regiment, 101'~ Airborne Division (Air Assault), adopted by the Cit.;' of Bovntou Beach on February 18. 2003. EXPL.~NATION: To this date, city staff and citizens have volunteered their time and efforts to support our adopted troops and have accomplished the following: · Information Booth at the Oceanfront Concert Series on March 2 l~t where they signed up 15 pen pals and collected 530 in donations to help defray the cost of shipping. · Collected enough donations to pack 56 care packages. Volunteers gathered at the Boynton Beach Setlior Center on Saturday, March 29th to pack and wrap care packages for mailing. · Received a donation from a Bo.vnton Beach company that wishes to remain anonymous in the amount of $1.000 to be used for shipping costs. Also. Delta Demons Banner was donated by Valorie ~,loats. · The City of Boynton Beach Recreation Department after school program children are draxving pictures and xwiting letters this week to send to the troops. Lake Worth Christian Elementary. school children will also be sending drawings and letters. · Several newspaper articles have been vcrit~en by both the Sun Sentinel and the Palm Beach Post regarding the Delta Demons and volunteer efforts in the city and communities. · City. Staffhave established an information web page and web link to the Delta Demons home page. xvhich can be accessed on the City of Boynton Beach Home Web Page. · This Saturday, April 5th, at the CRA/Chamber of Commerce Street Dance on downtoxxn Ocean Ave.. volunteers xx'ill be working the Delta Demons information booth to collect care package supplies and donations. Stttdents from the Boynton Beach High School Honor Society will be volunteering at the information booth. PROGR.-LM IMPACT: Continual support of our adopted troops overseas. FISCAL IMPACT: Working towards being self-supported by donations from local citizens and businesses. ALTER~NATIVES: Not to continue volunteer efforts. S:'.BULLETIN\FORMS',AGENDA 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 Resource~ S:\BULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC I~ZI~.-ANNOUNCEMENTS & PRESENTATZONS Item C.:L.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOIl,. Requested City Commission Meeting Dates X April 1, 2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Turned Requested City comrmssion Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17~ 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal X Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: To proclaim April 6-12, 2003 as International Building Safety Week. EXPLANATION: That citizens become aware of the necessity of building safety the Development Department requests that the City Commission declare April 6-12, 2003 as International Building Safety Week. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~ Dapa~meht I-~ead s S~g~aat~tre City Manager's Signature Development Department Name City Attorney / Finance / Human Resources S:\BULLETIN',FORMS~AGENDA ITEM REQUEST FORM.DOC WHEREAS, the safety of the buildings we occupy daily is essential to the health, safety, and welfare of the citizens of the world; and WHEREAS, among the world's most fundamental laws and ordinances are those which provide standards for the safe construction of buildings in which people live, work, and play; and WHEREAS, for construction and building codes to be effective and enforced, understanding and cooperation must exist between code officials and the people they serve; and WHEREAS, through the efforts of code officials worldwide, and their cooperative relationship with the construction industry, the administration of these health and life-safety standards is assured; and WHEREAS, units of government across the world--along with such prestigious organizations as Building Officials and Code Administrators International, Inc., International Code Council, Intemational Conference of Building Officials, Southern Building Code Congress International, Inc., and the World Organization of Building Officials--am joining to promote the use of building and construction codes today, for a lifetime of building safety. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the week of Apdl 6 through April 12, 2003, as INTERNATIONAL BUILDING SAFETY WEEK IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Flodda, to be affixed at Boynton Beach, Florida, this 1~t day of Apdl 2003. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) S:\CO, WP~CCAGENDA~roclamatious~Building Safety Week - 2003.doc ZZZ.-ANNOUNCEF4ENTS & PRESENTATIONS Item C.l.b CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] Apdl 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003(Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003(Noon) [] May 20, 2003 May 5, 2003(Noon) [] July 15, 2003 NATURE OF AGENDAITEM [] Administrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code Compliance/Legal Settlements June 30, 2003 (Noon) ~__~ [] Legal [] New Business [] Presentation [] Public Hearing [] Unfinished Business RECOMMENDATION: Make proclamation. EXPLANATION: The proclamation will be for April 25, 2003, the last Friday of April, to be Arbor Day in the City of Boynton Beach PROGRAM IMPACT: The proclamation allows the City to receive Tree City USA designation for the 19t~ year in a row. FISCAL IMPACT: This request has no effect on the budget. ALTERNATIVES: The National Arbor Day Society requires a proclamation to certify. The organization has certified the City of Boynton Beach for the last eighteen years, and it would continue a contin~f Boynton Beach being a Tree City. ~ ' Department Head's Signature CityManager's Signature Department Name City Attorney / Finance / Human Resources Parks S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 25, 2003 as: ARBOR DA Y in the City of Boynton Beach, and I urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of )resent and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed this 1st day of April in the Year 2003. ATTEST: City Clerk (Corporate Seal) S:\CC~Wl~CCAGENDA~Proclan'ations~ut3or Day- 2003.doc Gerald Broening, Mayor City of Boynton Beach t']:?.-ANNOUNCEI~IENTS & PRESENTATZONS Boynton Beach is a city that is unique for the variety of housing opportunities that it is able to offer its residents at all levels. One such housing opportunity for senior citizens is the Boynton Bay Apartments complex. Located on 23 acres of land within the City of Boynton Beach, Boynton Bay consists of 240 apartment units and is dedicated to providing elderly Floridians with the housing-related services and options that enable seniors to live in dignity and as independently as possible. The amenities and programs that are part of the facilities provided at Boynton Bay include a fully equipped fitness center, a heated swimming pool, whirlpool spa, and transportation services. Boynton Bay has distinguished itself as a leader in providing high-quality elderly care and other support services that are so essential for our community. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby recognize with this Tribute Boynton Bay Apartments for providing high-quality elderly care and other support services that are so essential for our community. In witness whereof, I have hereunto set my hand and caused the Seal of the City of I Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this l~t day of April 2003. Al'rEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) S:~CC~Wl~CCAGENONProdarnalJons\Tdbut~ for Boy, ton Bay Apts. 2003,do¢ [tL-ANNOUNCEMENTS & PRESENTATIONS ~tem C. Ld CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR3a Requested City Commission Meeting Dates [] April l, 2003 [] Apri~ 15,2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Turned in to Citv Clerk's Office March 17, 2003 (NoorL) March 31, 2003 (Noon) April 14, 2003 (Noon) May 5, 2003 (Noon) Requested City Commission Date Final Form Must be Turned in Meeting Dates to City Clerk's Office [] June2, 2003 May 19, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Pre~ntation [] Consent Agenda [] Public [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Adopt Proclamation celebrating National Library Week April 6 - 12. EXPLANATION: Libraries throughout the country arc celebrating April 6 - 12 as National Library Week. This proclamation includes Boynton Beach officially in that celebration. PROGRAM IMPACT: Recognizes the services and role of the Boynton Beach City Library in providing education, information and entertainment resources needed and used by our community. FISCAL IMPACT: NONE ALTERNATIVES: Do not adopt proclamation. ,,/:,./, -, .~ .," Department Head~ Sign~tur// Librar7 Department Name City Manager's Signature City Attorney / Finance / Human Resources S:XBULLETINWORMSXAGENDA ITEM REQUEST FORM. DOC WHEREAS, our nation's libraries are modern community centers for education, information, and entertainment and play a vital role in providing millions of people with the resources they need to live, learn, and work in the 21 st century. WHEREAS, libraries are changing and dynamic places and librarians are the ultimate seamh engine, helping . i people of all ages find the information they need in print and online. In a world that is information rich, librarians are · . information smart, and help ensure a society where everyone is information literate. WHEREAS, libraries are places of opportunity. Libraries are part of the American dream. They are a place for education, self-help, and lifelong learning. And because they offer free access to all, they bring opportunity to all. WHEREAS, libraries bring you the world. Libraries are unique. In person. Online. Where else can you have access to nearly anything on the Web or in print as well as personal service and assistance in finding it? WHEREAS, librarians are the ultimate search engine. They are trained experts at finding information in all formats for people of all ages. WHEREAS, librarians must be brought to the table at public policy discussions on key issues, such as intellectual freedom, equity of access, and narrowing the digital divide. WHEREAS, awareness and support must be increased for libraries by raising the visibility of libraries in a positive context and by communicating clearly and strongly why libraries are both unique and valuable. WHEREAS, more individuals must be recruited to the profession of libradanship to maintain its vitality in today's changing workplace. WHEREAS, libraries and library supporters across America are celebrating National Library Week with @ your libraryTM, The Campaign for America's Libraries. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Flodda, hereby proclaim the week of April 6 through April 12, 2003, as NATIONAL LIBRARY WEEK and I encourage all residents to take advantage of the wonderful library resources available @ the Boynton Beach City Library and thank our librarians for making information available to all who walk through the library's doors. Come see what's new ¢~ your library. IN WrFNESS 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 l~t day of Apd12003. Al'rEST: Gerald Broening, Mayor City of Beynton Beach City Clerk Corporate Seal) i'II.-ANNOUNCEMENTS & PRESENTATZONS ~tem C.~.e The strength of our nation, and all of its states, flows from the promise of individual equality and freedom of choice. Although Equal Opportunity is a right guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing continues. The anniversary of the enactment of Title VIII dudng the month of April is an occasion for Americans, individually and collectively, to rededicate themselves to the principle of freedom of choice and to participate in efforts to eliminate vestiges of housing discrimination wherever they occur. Since fair housing is consistent with the principle of quality and justice for all, we alt need to share in the fight to ensure fair housing is a reality for all residents. Fair housing is the policy of the City of Boynton Beach, and implementation of that policy requires positive commitment, involvement, and support of alt our citizens. The City will continue to provide the necessary leadership to make fair housing not just an idea but an kJeal for all our residents. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Flodda, hereby proclaim April 2003 as: Fair Housing Month and urge all citizens to join the efforts to reaffirm fair housing opportunities for all people. 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, the 1st day of April, Two Thousand and three. A~E~: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) $:\CC~WP~CCAGENDA~°roclamatioas~Fair Housing Moath 2003.doc [Z~.-ANNOUNCEHENTS & PRESENTATIONS ~[tern C.~.f The young children of Boynton Beach are among our City's most valuable, precious, and vulnerable resources. Stable, nurturing, loving, and supportive homes and communities are of vital importance to their positive growth and development. It is imperative that citizens realize that today's children are tomorrow's leaders and that exceptional early childhood services represent a worthy commitment to our children's future. By calling attention to the need for high quality early childhood services for all children and families within our City, the dedicated teachers and care givers who perform this invaluable work hope to improve the quality and availability of these services. The National Association for the Education of Young Children, in conjunction with local organizations, is celebrating the Month of the Young Child. The purpose of this observance is to call attention to the critical work of early childhood professionals and to recognize the effo~ of parents, relatives, and community members who contribute positively to the growth and development of young children. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me ~ Mayor of the City of Boynton Beach, Florida, hereby proclaim April 2003 as: "The Month of the Young Child" and encourage all citizens to recognize and support the needs of young children in our community. 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, the 1st day of April, Two Thousand and three. ATTEST: Gerald Broening, Mayor City of Beynton Beach City Clerk (Corporate Seal) S:\CC~Wl~CCAGENDA~t'roclamations~V[onth of the Young Child - 2003.doc I~Z.-ANNOUNCEIqENTS & PRESENTATIONS Item C.l.g. As individuals, we find in our families a sense of identity, purpose, and security. A family is 'more than a group of individuals related by blood, marriage, or adoption - a family is a community . of persons united by their love and commitment to one another. It is through family life that our i ~most cherished values and traditions are passed from one generation to the next. Through our ;experiences, we learn important lessons about love and faith, duty and respect, personal i responsibility, and concern for others. i! Because those lessons are conveyed to the community at large, and because the family ~i!gives us a model of human relationships after which all other social institutions are fashioned, the !strength and integrity of the family are vital to our well-being as a community. Families are the basic building blocks of society. They are models for caring from birth through the aging years and provide life, love, unity, and security. Families need and deserve recognition, encouragement, and support for all the daily miracles they perform. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 6, 2003, as: Parents' and Children's Day 'and urge all citizens to reaffirm their commitment as individuals and as a community to establish policies and programs that support parents, children, and all individuals. 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, the 1st day of April, two thousand 'and three. Gerald Broening, Mayor City of Boynton Beach ATTEST: iCity Clerk (Corporate Seal) S:\CC'XWI~CCAGENDAXProclamatiouskPa~euts and Childrens Day - 2003.doc Requested City Commission Meeting Dates [] April 1,2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 IlL-ANNOUNCEMENTS & PRESENTATIONS item C.2 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed in to City Clerk's Office Meeting Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinmhed Business RECOMMENDATION: Presentation of certificates to Boynton Beach Community High School Boys Basketball Team. EXPLANATION: During the 2002-2003 season, the Boynton Beach Community High School Boys Basketball Team accomplished the following: District Champions Conference Champions Regional Champions State Runner Up PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature City Manager's Signag/fe ~ Department Name City Attorney / Finance / Human Resources S:\BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM B.1. AGENDA ITEM REQUEST Requested City Commission Meetin~ Dates [] April 1,2003 [] April 15, 2003 [] May 6, 2003 [] May20,2003 Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) March 31, 2003 (Noon) April 14, 2003 (Noon) May 5, 2003 (Noon) Requested City Commission Meeting Dates [] June2,2003 [] June 17,2003 [] July 1,2003 [] July 15,2003 Date Final Form Must be Turned in to City Clerk's Office May 19, 2003 (Noon) June 2, 2003 (Noon) June 16, 2003 (Noon) June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code Compliance/Legal Settlements [] Legal [] New Business [] Presentation [] Public Hearing [] Unfinished Business RECOMMENDATION: Motion to purchase from SRT Supply Inc., 2 SWAT tactical rifles in the amount of $3,353.00. EXPLANATION: During this years budget review it was determined to purchase this equipment with Federal Funds and not with normal budgeted funds. SRT Supply Inc. is a sole source for H&K firearms. Currently not all members of the SWAT (Quick Response Force) have a rifle assigned to them- They only have side arms. PROGRAM IMPACT: FISCAL IMPACT: Federal Justice Forfeiture Fund 691-5000-590-04-22 $3,353.00 ALTERNATIVES: Continue to have two members carrying only their side arms for SWAT callouts. .~artment Head's Signature City Manager s Signature Police DeparUnent Name City Attorney / Finance / Human Resources SSBULLETINWORMS~GENDA ITEM REQUEST FORM.DOC 0 o ~ o :~ H o ~ ~ H 0 ~: ~ ~ r..) I~ ~ 0 o o o o o o ~HO ~ HO ~ ~ .... ~ .... ,~0 ~0 ~0 ~00 0 O0 HO0 ,0~ O~ HO~ ooo o ooo o H ooo ooo ooo o o o o0o 000 o0o Issued To: BOYNTON BEACH, THE CITY OF WARI:HOUSE 222 N.E 9TH AVl:: Boynton Beach, FL 33435 Pfx)fte~. 561-742.6320 Fax: 561-742-6185 2 09O018 2 628 1 GROUND SRT SUPPLY INC. 4450- 60TH AVENUE NORTH ST. PETERSBURG, FL 33714 Phone: 727-52~-5451 Fax : 727-527-6893 HTTP:I/WWW. SRTSU PPLY.COM HK SUBMACHINE GUN - MPSA2 - NT - FIXED STOCK - WI2 MAGS 6V TACTICAL LIGHT FOR H&K MPSA2 - FOREND, TO BE INSTALED ON ABOVE MPSA2 BY SRT SUPPLY ARMORERS GROUND SHIPPING AND HANDUNG FEE QUOTATION Date: Terms: Batchf: Ship Method: PO#: SRT Rep: 25O69 01/19/03 NET 30 DAYS 73729 GROUND QUOTE ALLAN THOMPSON .illa.' ~"~'~i ~ $1.441.00 $2,882.00 s19e.00 $396.00 s75.00 $75.0O Notes: ATTENTION: DFC. JOHN BONNAFAIR Sub Total: $3,353.00 Tax: S0.00 To,al Quote: $3,353.00 Thank you for giving us the opp<xtunity to quote these items for the Boynton Beach Pcdce Depamne~ SWAT Team. Shipping and handing fees are calculated on standard gromd shipping, and wi# be adjusted for actual items ordered. The H&K MPS-A2 quoted above has the Navy Trigger (NT) group per you speciflcalio~s, and will be supplied w~th the 6V Weapon Foref~d Ugttt. The 6V Weapon Forend lights wil be f~ed to the MPS-A2's by SRT Scq:~ply em at no ecl~ltional charge. If you have any questions, please call me at (954) 445-2065, Allan Thompson SRT Supply QUOTE PRICES ARE EFFECTIVE FOR 30 DAYS FROM THE DATE OF QUOTE UNLESS OTHERWISE QUOTED, FREIGHT WILL BE PREPAID AND ADDED THANK YOU FOR THE OPPORTUNITY 08/~0/2802 12:~5 7B3d062361 HE-CIG.ER & 21480 Pacific Boulevard Stealing, Vkginh~ 20166-8903 USA LE ,5~_ E'~ Tel: (703) ,~S0-1e00 Fax: (703) 450-8160 Augu~ 9, 2002 $RT Supply 4450 60~ Aveaue North St. Petersburg, FL 33714 ATTN: John Weir The purposc of this loner is zo identify thc aforemcnzkmcd compafry as thc exclusive Heckler & Koch Law Enforccmeo. t Distributor for Florida, Gcorg~ ~ Al~4"arna, If you rcquirc any addJfiomd documeatatJofl, please don't hc~itate to contact mc. Thank you. Regards, Senior P,~pruenmtivc Law ]F.~orccment Sales Heckler & Koch, Inc. V.-CONSENT AGENDA ITEl4 B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting; Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] December3,2002 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 NATURE OF AGENDA ITEM March 3, 2003 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business ~. ~::~ [] Announcement [] Presentation [] City Manager's Report r~.~ RECOMMENDATION: A motion to authorize the Library Director to negotiate a contract with the number one ranked Architect/Engineering Consultant, Schenkel and Schultz Architects, Inc. of West Palm Beach, FL to provide Architectural/Engineering services for the Library Expansion/Remodel. EXPLANATION: The Library staff is seeking professional services from a qualified Architect to help guide the Remodeling/Expansion of the existing library. On January 29, 2003, Procurement Services received and opened sixteen (16) proposals from Architect/Engineering firms in response to RFQ#024-2413-03/CJD. An evaluation Committee of seven (7) members comprised of four (4) City Employees and (3) representatives from the community reviewed and evaluated the proposals. On February 20, 2003, presentations from each of the top four (4) firms were formally interviewed and evaluated. Each firm was represented along with their staff that would be instrumental in the planning of the remodel/expansion of the library. The committee was unanimous in ranking Schenkel and Schultz, Inc. as the number one Architectural firm. The final decision was primarily based on the well-prepared presentation addressing our issues, their artist renderings/Power Point presentation and their "hands on" visual demonstration along with their reputation, staff experience and interest in this project. PROGRAM IMPACT: The purpose of this RFQ was to seek a qualified Architect/Engineering firm to assist in the remodel/expansion of the Library. FISCAL IMPACT: Capital Improvement Account ti: 302-4104-580-6201 ~City Manager's Signature Procurement Services :~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC C: Virginia Farace - Library Director File MEMORANDUM TO: FROM: Bill Atkins Deputy Director of Financial Services Virginia Farace Library Director ,l DATE: February 28, 2003 SUBJECT: AGENDA ITEM FOR RFQ: FOR EXPANSION/REMODEL OF THE LIBRARY RFQ#024-2413-03/CJD Please prepare an Agenda Item Request for the Commission meeting scheduled for March 18, 2003 for a motion to approve commencement of contract negotiations for the above memioned RFQ with Schenkel Shultz Architects, Inc. as a Consultant for the Architectural/Engineering Services for the Expansion/Remodel of the Library. The City placed a Request for Qnalifications process for consulting services that was responded by sixteen (16) Consultants. An evaluation Committee of seven (7) members comprised of (4) City employees and (3) representatives fi:om the community reviewed the proposals and held an interview/presentation session on February 20, 2003 for the top ranked firms. This session was represented by (4) firms that were being considered and their staff. The Committee was unanimous in ranking Schenkel Schultz, Inc. as the number one Architectural firm. The ranking of the four (4) firms were as follows: Schenkel Schultz, Inc. MPA Architects, Inc. Fanning/Howey Associates, Inc. Harvard Jolly and Slattery Orlando, FL West Palm Beach, FL West Palm Beach, FL St Petersburg, F1 The final decision was primarily based on the well-prepared presemation addressing our issues, their artist renderings/Power point presentation and their "hands on" visual demonstration along with their reputation, staff experience and interest in this project. The committee recommends negotiating the contract with Schenkel Schultz, Inc. 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[] June 2, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Admmistrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award the "PURCHASE OF ONE NEW AND UNUSED 16 FOOT ALUMINUM BODIED STEP VAN", Bid#036-2516-03/CJD, to SHEEItAN GMC of Lighthouse Point, Florida, in the amount of: $39,998.94. EXPLANATION: On February 26, 2003, Procurement Services received and opened seven (7) proposals for the Aluminum Bodied Step Van. The proposals have been reviewed and it was determined that Sheehan GMC of Lighthouse Point, Florida is not the lowest bid, yet they are the most responsible, responsive bidder who met all specifications including options as requested: Special mounted equipment, a rear mounted lift gate for loading large tools, parts and equipment and a front mounted bumper for pushing disabled vehicles from traffic or into a work area inside the Fleet Maintenance shop. This new unit, with the special equipment, will enable the Fleet Ma~tenanc~ Division to reduce the size of the fleet and at the same time provide better service as this unit will have more.~nounted equipment to make "on the road" repairs. Bob Lee, Fleet Manager concurs with this recommendation (se~attached[ memo #03-044). PROGRAM IMPACT: The purpose of this bid was to secure a source to supply one (1) new and unused 16-f~o0t aluminum bodied step van. '. BUDGET ACCOUNT: 501-2516-519-64.31 FISCAL IMPACT: Deputy Director of Financial Services BUDGETED AMOUNT: ~~7,800.00 Cl~ Manager's Signature Procurement Services Depaaiment Name City Attorney / Finance / Human Resources S:XBULLETIN~FOR. MSXAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF PUBLIC WORKS Memorandum No. 03-044 RECEIVED MAR 1 g 2003 PROCUREMENT SERVICES TO: Bill Atkins, Purchasing Director From: Jeffrey Livergood, P.E., Director of Public Works,ql~t- Chris Roberts, Assistant Director of Public Works Robert H. Lee, Fleet Administration ~ Subj: Award Bid//036-2516-03/CJD Date: February 27, 2003 After reviewing all bids submitted for the purchase of one New Step Van for the Fleet Maintenance Division, I have concluded that our best interest would be to award bid//036-2516-03/CJD to Sheehan GMC, Lighthouse Point, Florida. Funds are available in Fleet Account #501-2516-519.64-31. I have reviewed 7 submitted bids. The unit that I am recommending is not the low bid of the 7 bids, but is the first of the bids to meet the specifications that the bid asks for. The low bid from Freedom Ford, Inc., meets all the bid specifications, but taking exception in two areas. The bid called for a rear axle rating of a 15,000lb minimum, this vendor bid a 14,0501b axle. With this lighter axle, the tire size was also changed, leaving it below specifications. With the planned use of this vehicle over the next several years, this axle could very possibly leave this vehicle short of meeting its expected use. The second low bid, Th-County Truck & Equipment of Pompano Beach, Florida. This vendor is not selected for the following reason. This vendor submitted an incomplete bid sheet. There are no indications, (check offs) on the bid specification sheet of what is going to be provided for accessories / options that we had asked for. The third low bid presented by TransRight, Inc., McDonough, GA. This vendor has submitted a bid on a Ford E450 Cut Away chassis. This design does not offer the ease of access from the operator compartment to the rear of the vehicle. The cut away chassis has restricted access from the driver area to the rear storage area. The driver must work around the engine cowling and while in a stooped position, due in part to the interior design of the E450 Cab, step back through the vehicle cab to the rear work area. I feel that this restricted access will lead to possible head injuries from the driver or passenger attempting to enter the rear storage area in a hurried movement. The fourth low bid was submitted by Maroone Chevrolet of Fort Lauderdale, Florida. Maroone Chevrolet was unable to provide a "Front Push Bumper" on their chassis as requested. I am recommending that we purchase the van from, Sheehan GMC of Lighthouse Point, Florida. Sheehan GMC is the fifth low bid of the seven, but the first to meet or exceed the specifications as outlined in the bid package. This unit will be a new GMC Chassis, with a 16' Step Van Body, manufactured by Workhorse. Special mounted equipment, a rear mounted lift gate for loading large tools, parts and equipment. A front mounted bumper for pushing disabled vehicles from traffic or into a work area inside the Fleet Maintenance shop. The new step van is quoted at $39,998.94 for the complete package, FOB Boynton Beach. The current replacement account provides funding in the amount of $47,800.00. With the purchase of this unit, the City Of Boynton Beach will save $7,801.06. This new unit will replace two existing vehicles, unit #24, a 1988 Chevrolet, 1 ton flat bed and unit #22, a 1988 Ford F250, 4x4 pickup truck. This new unit, with the special equipment, will enable the Fleet Maintenance Division to reduce the size of the fleet and at the same time provide better service as this unit will have more mounted equipment to make on the road repairs. ~ ~ zm ~m~m ~ m z m z ~ ~ -- ~ m ~ z > ~ ~ c > ~ ~ , ~ o ~ ~ z × u! z 2 ~ ~ u z 0 < --m ~ _ , ~ ~ <0 ~ m m m ~ ~ >0 O' ~ m ~ ~ -- 0 ~ ~ m ~ m Z ~ ~ m m ~ ~ 0 ~~Z 0 0 0 o ~ 2 ~ z z . o ~~ ~ < ~ z< z ~ ~o ~ ~ ~~m< ~ ~z m < ~ ~o ~ m ~ o o~ ~ ~ ~ ~mm < z z < o oSP ~ z~ < ~m m ~ ~OX ~ o ~ ~ z o o ~ < ~ z ~ ~ 0 z ~ m~ m m ~ . . · Z m~ z~ _ Z ~ ~ ~ ~ m o~m z O& mm m ~ C Z ~ m~ 0 O~OX -t' ITl 0 0 m oDD ~C · ITl '< m '~ 0 ~' ~m oDD ~C ITl o~ o ~ < m m ~ m- m z " m>Z~i 0 ~ · ~J~~m~ z 0 c > z m = m ~ m ~ z ~ Z Z 0 ~ ~m~ ~m m mi ~m > ~ ~ m ~ m ~ ~ ~ ~ <o ~ >0 ~ Z~ m C > m ~ ~~ ~0 o . - o~o · Z ~m Z 0 m~ m o z ~m o o~ o o m> Z ' ~m~ ~ <=~ o >0~ o - ~ ~ m ~ ~ 0 C ~o 6~ >~'~ o~©~ oo zOO m~ o z 0 0 Z (/> ITl 0 0 Z 0 m rn z o ~ < m ~ z m ~ 0 z m~ Oi ~ CO - z~ m z ~m z " m ' ; > 8~ x ~ m 0 ~ z © BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 1 O0 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date (City): JANUARY 30, 2003 Bid Title: PURCHASE OF ONE NEW & UNUSED 16-FOOT ALUMINUM BODIED STEP VAN Bid Number: ~036-2516-03/CJD Bid Received By: FEBRUARY 26, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services tmless specified otherwise. Bid receiving date and time is scheduled for. FEBRUARY 26, 2003, no later than 2:~0 P.M. (l~ai time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: .._~ ,~) ~ ,~/~/ ~m C 0 Federal I.D. Number: 5'9 Il ,~ 0 fi-O- A Corporation of the State of: Area Code: Area Code: Mailing Address: City/State/Zip: Vendor Mailing Date: .~~ Telephone Number: ~qg' ~ OP THIS PAGE TO BE SUBMrVFED ALONG wrlTl PROPOSAL 17 SPECIFICATIONS FOR ONE (1) NEW AND UNUSED 16 - FOOT ALUMINUM BODIED STEP VAN Scope of Work: The City of Boynton Beach is seeking a source to supply one (1) new and unused 16-foot aluminum bodied gasoline operated step van. It shall be the intent of this specification to describe a new current production model, gasoline powered step van. Any mention of the manufactures brand names shall be for descnptive purposes and will be considered as mimmum requirements under this bic~ The City of Boynton Beach, herein after referred to as the "City" shall reserve the right to be the sole and final authority in determining what is Equal or Superior where the term "Or Equal" is usext The following items are intended to describe the needed specialized equipment that shall be included in/on the umt. Failure to mention any specific items normally supplied with or needed to complete the unit shall not alleviate bidders responsibility to supply and install such items. This vehicle shall be manufacturer's latest basic production model, and shall be equipped with all standard equipment in accordance with manufacturer's latest literature if not specified in the following description, and must carry full manufacturer's warranty. Vendors are invited to submit existing, demo, or stock mits as part of this bic[ The City will have exclusive rights to decide which van best suits the needs of the City of Boynton Beach, based on time for delivery, cost, equipment options or any other criteria the City feels necessary. The City reserves the right to waive specifications in sdechon of an acceptable unit. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of parer. Bidder must submit specifications "check-off' sheets (Pages 3-6) with the proposal sheet in order for a bid to be considered. ENGINE: Electronic controlled V8, gasoline powered engine, minimum 5.0 liter Heavy duty cooling system Do/type air cleaner Single exhaust THIS PAGE TO BE SUBMrVrED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ELECrRICAL SYSTEM: Minimum 140 amp 12 volt alternator Dual Batteries to have a minimum total of 1200 CCA ~ 0 degrees F All electrical systems to be protected by fuses / breakers TRANSMISSION: Automatic with overdrive Remote auxiliav/transmission oil cooler DRIVE AXLE: Gear ratio: 4.88 / 5.13 Minimum 15000 GVWR PERFORMANCE ITEMS: Factory installed speedometer, odometer, ammeter or voltmeter, fuel gauge, engine oil gauge, coolant temperature gauge and d~h mounted engine hour meter Power steering with remote oil cooler COMFORT ITEMS: Air conditioning integral with heater defroster and comaimng R134 refrigerant (CFC Free) Factory installed AM-FM radio Sun visors on right and left sides THIS PAGE TO BE SUBMrl~ED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SAFETY ITEMS: Dual Horns Daytime running lights Fire Extinguisher, 10lb. minimum, mounted behind driver Triangle road hazard kit Stainless steel, power adjusting 6"x16" west coast type mirrors Two, 6" spot mirrors, one mounted on the left mirror and one on the right mirror Automatic / adjustable volume backup alarm BRAKES: g~4 ABS brake system ~/ Power assist ~l Four (4) wheel disc TIRES AND WHEELS: Six (6) 8:00R x 19.5-hwy All wheels to be one-piece steel One full size spare tire and wheel CHASSIS, FRAME: Front bumper,, see option listing Frame mounted tow hooks on front Fuel tank, minimum 31 gallon THIS PAGE TO BE SUBMrI'rED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BODY EQUIPMENT: Forward control chassis Left front seat (driver) high back seat with seat belt and shoulder strap Seating for additional passenger, right front. Seat to be configured in a manner to allow it to be folded out of the way for curb side access to the track cargo area 16 foot aluminum body Bulkhead protecting driver and passenger from cargo area, solid design to assist with keeping the a/c directed to the driver / passenger area Interior side walls lined with ~A" treated plywood Rear door, overhead door style Interior cargo area lights, mimmum of six (6), switch controlled by driver and remote switch at rear door entrance. (all overhead mounted) Interior height, 76" BODY PAINT: Manufacture standard white, "IMRON" quality paint preferred OPTIONS: 1200 pound electric / hydraulic operated lift gate mounte[i to the rear of the body to assist with loading and unloading heavy equipment Platform should have a minimum of 36 inch flat work area This unit must have a remote control feature to allow the operator to stand back off to the side or stand on the platform to secure the load as it is raised / lowered Front Bumper to be a push type. This vehicle is to be used as a Fleet Service Truck A push bumper with a protective rubber cushion, like what is on wreckers, is to be installed on the front of this van One full set of Chassis service and repair manuals THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE One full set of Body service and repair manuals THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of equipment called for. When submitting more than one bid individual and/or combination item(s) proposal sheet for each. proposal price for this equipment, indicate how many are to be tabulated and considered. Attach a separate The undersigned proposes to driver the equipment in accordance with the specifications for the sum of: ¥ TOTAL AMOUNT t ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that lhe product/service will be completed/delivered within ~'/~endar days from the date of the Purchase Order from the City. Number of Bid Proposals submittad Specification "check-off" sheets (Pages 3 - 6) submitted One full set of chassis service and repair manuals submitted One full set of Body Service and repair manuals Submitted THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCF_.I~ABLE 18 BID PROPOSAL CONTINUED ...... COMPANY NAME SIGNATURE Pl~ NA~ THIS PAGE TO BE SUBMrrrED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS I, the undersigned hereby duly swom, depose and say that no pomon of the sum herein bid will Sworn and subscribed before me ,, this ~(a day of ~ ,20 t92> NOTARY PUBLIC, State of Flonda at Large "OFFICIAL NOTARY SEAL" STAMP Printed Information: COMPANY THIS PAGE TO BE SUBMI'FrED ALONG WITH PROIN~AL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which categooj besl describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERIC~ INDIAN ( ) AS[AN ( ) BLACK ( ) HISPANIC ( ) WOMEN () o~ (specify) Do you possess a Certification qualifying your business as a"Minority Owned Business"? l YES NO If YES, name the Organization from which this certification was obtained and date: issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBIVfl'VI'ED ALONG WITH PROPOSAL 21 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drag-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that cemfies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followe~ci if none of the tied vendors have a drag-free workplace program. In order to have a drug-free v~rkplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of ~ny controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a dmg-free ~rkplace through implementation of this section./~~ ~ As the person authorized to sign the statement, I certify that/(h~ll~rm compi)es Vendor's Signature THIS PAGE TO BE SUBMITFED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 Requested City Commission Meeting Dates [] April 1,2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 V.-CONSENT AGEN DA ITEM B.4 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to CiW Clerk's Office Meeting Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July I, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION:A motion to award the "PURCHASE OF ONE (1) NEW AND UNUSED CONTAINER HAULER TO INCLUDE OPTIONAL EQUIPMENT" Bid#038-2516-03/CJD, to Palm Peterbilt - GMC Trucks, Inc. of Ft. Lauderdale, Florida in the amount of: $56,900.00. EXPLANATION: On February 25, 2003, Procurement Services received and opened three (3) proposals for the Container Hauler to include optional equipment. These proposals have been reviewed and it was determined that Palm Peterbilt- GMC Trucks, Inc. of Ft. Lauderdale, Florida, is the second lowest most responsive, responsible bidder who meets all specifications. The lowest bidder withdrew their bid as they are unable to obtain the chassis that they bid. Bob Lee, Fleet Manager concurs with this recommendation (see attached memo #03-032). PROGRAM IMPACT: The purpose of this bid was to seek a source to supply one (1) new and unused container hauler vehicle to include optional equipment. This vehicle is to be used to pick up Commercial Waste Containers. BUDGET ACCOUNT#: 501-2516-519-64.31 FISCAL IMPACT: Deputy Director of Financial Services Procurement Services Department Name BUDGETED AMOUNT: $78,000.00 ' ~i~ Manager s S~gnature City Attorney / Finance / Human Resources S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC C) r- :::0 r- rn o3 ~. ~. >r" 0 m ~ x m m mC r- m ~> 0 r- "rC ~Oom -lC m~ -o :> -~ :>Z 0 m m ;orr T > m :> m m z 0~ m o o.o c~ o,.r~ ~-I m o> m o o o o o> cop0 o m o I~ o o 1,0 o r' · ' Z ×.O_o~:o° 00 I-n o o o I:~ o ~ o3 cD O! o o o m o 03030.3 o m o o o c o 0 .,~ .~ > :~00 --1::13 mm · -,~rn ~.m.~ c ~ ~ m ~'~ 0 To: DEPARTMENT OF PUBLIC WORKS Memorandum No. 03-032 Bill Atkins, Purchasing Director SERVICES From: Jeffrey Livergood, P.E., Director of Public Works~."£ L- Chris Roberts, Assistant Director of/l~ic Works~_~,..~ Larry Quinn, Solid Waste Manager(.~_~. Robert H. Lee, Fleet Administration ~ Subj: Award Bid//038-2516-03/CJD Date: February 27, 2003 After reviewing all bids submitted for the purchase of one New Container Hauler for the Solid Waste Division, I have concluded that our best interest would be to award bid//038-2516-03/CJD to Palm Peterbilt - GMC Trucks Inc., 2441 S. State Rd 7, Ft. Lauderdale, Florida, 33317-6999. Replacement funds are available in Fleet Account #501-2516-519.64-31. I have reviewed 3 submitted bids. The unit that I am recommending is the second low bid of the 3 bids. We had originally selected the low bid from King Truck Center of Orlando, Florida. King Truck Center has withdrawn there bid. They are unable to obtain the chassis that they had quoted. The selected unit from Palm Peterbilt - GMC, Inc, will be a new GMC Chassis, with special mounted equipment. That equipment being, one cross lay tool box with gas bottle storage, one diesel powered welder with accessories, one container lift system with a rotation feature and a container lid support system. All 3 bids quoted the exact same costs for the mounted equipment. The cost difference between the 3 units is noted in the Cab & Chassis. The new container hauler is quoted at $56,900.00 for the complete package, FOB Boynton Beach. The current replacement account has funding in the amount of $78,000.00. With the purchase of this unit, the City Of Boynton Beach will save $21,100.00. This new unit will replace unit//51, a 1993 Ford, equipped with a cross lay tool box and container lift system. This new unit, with the special equipment, will enable the Solid Waste Division to make on the spot repairs in the field. BL/dc Her RE: Bid ~w 1. ~mmfl lJjfmjff)! H jb[ms Ii mmM eu II~lidiil~. V.-CONSENT AGENDA ITEM B.5 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] April I, 2003 [] April 15, 2003 [] May6,2003 [] May20,2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 March 31, 2003 (Noon) [] June 17, 2003 April 14, 2003 (Noon) [] July 1, 2003 May 5, 2003 (Noon) [] July 15, 2003 May 19, 2003 (Noon) June 2, 2003 (Noon) June 16, 2003 (Noon) :. - June 30, 2003 (Noon) [] Administrative [] Legal _ [] Announcement [] New Business [] City Manager's Report [] Presentation " [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to award Bid #032-2413-03/CJD, DESIGN/BUILD SERVICES FOR SURF ROAD AREA WATER MAIN REPLACEMENT PROJECT, to Douglas N. Higgins, Inc., and execute a contract by resolution in the amount of $519,622.50. Additionally, approve an owner's contingency of 10% in the amount of $51,962.25 for a total project budget appropriation of $571,584.75. EXPLANATION: The project area lies in an unincorporated pocket (approximately 17 acres) of Palm Beach County, adjacent to Ocean Ridge and currently obtains water and sanitary sewer services from the City of Boynton Beach. This project is intended to improve the quality and quantity of water delivery, correct the deficiency of flow and to raise the current level of fire protection to the area. Water main replacement projects are prioritized using criteria based on several factors: 1. Water quality concerns, loss of residual or deterioration due to water line condition or materials; 2. Low flow due to smaller diameter and deterioration of mains, desire for improved protection; ',~. 3. Frequency of repairs; 4. Location in rear easement and inaccessibility. ..~ S:\BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM This area has several residential services that receive less than 5 gals/min at the meter (1/3 of our "standard of service"). In addition, the area is serviced by small diameter water mains, many of which are not readily accessible and there are no fire hydrants east of A1A, clearly making it a priority. PROGRAM IMPACT: The project includes ali professional engineering, permitting and all construction services to furnish and install approximately 3,600 linear feet of 6-inch and 800 linear feet of 8-inch new ductile iron water main pipe; abandonment of existing water meters and replace them with new meters; perform new water service connections; furnish and install fire hydrants; abandonment of existing water mains; and road and landscaping restoration. Competitive bids were received and opened by Procurement Services on February 27, 2003. All bid proposals were submitted to Utilities for review and recommendation. Together with our design professional, Metcalf & Eddy, Inc., we recommend Douglas N. Higgins, Inc. as the lowest, most responsive, responsible bidder who meets all specifications. FISCAL IMPACT: BUDGET ACCOUNT BUDGET ACCOUNT APPROVED AMOUNT NAME NUMBER Utilities/CIP Water R&R 407-5000-590-96.02, WTR054 $519,622.50 Contract Amount Utilities/CIP Water R&R 407-5000-590-96.02, WTR054 $ 51,962.25 Contingency 10% TOTAL BUDGET APPROVED $571,584.75 ALTERNATIVES: As the existing small diameter, galvanized water mains reach the end of their useful life and fire,._orotection needs to be at an optimum, there is~o al~-native. Dale S. Superman City Manager's Signature Assistant City Manager Utilities Department Department Name City Attorney / Finance / Human Resources~t~ Attachments bc: Dale Sugerman, Assistant City Manager Paul Fleming, Sr. Project Manager Bill Atkins, Deputy Director of Finance Bob Kenyon, Deputy Utilities Director Barb Conboy, Utilities Admin. Manager Carol Doppler, Sr. Buyer S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF BID FOR THE DESIGN/BUILD SERVICES FOR SURF ROAD AREA WATER MAIN REPLACEMENT PROJECT (BID NO. 032-2413-03/CJD) TO DOUGLAS N. HIGGINS, INC., IN THE AMOUNT OF $519,622.50; AUTHORIZING EXECUTION OF THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 27, 2003, the City of Boynton Beach received and tabulated eight proposals for the above referenced bid, and, after review and evaluation, it was determined by staff that Douglas N. Higgins, Inc., was the most responsive, responsible bidder who met all specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, hereby approves the award of a bid for the Design/Build Services for Surf Road Area Water Main Replacement Project to Douglas N. Higgins, Inc., in the mount of $519,622.50, and authorizes the City Manager to execute contract, documents, a copy of which is attached hereto. Section 2. That this Resolution shall become effective immediately. S:\CA\RESO~Agreements~Bid Awards\Bid Award - Douglas N. Higgins, Inc..doc PASSED AND ADOPTED THIS __ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\RESO~Agreements\Bid Awards\Bid Award - Douglas N. Higgins, Inc..doc BID TITLE: DESIGN/BUILD SURF ROAD AREA WATER MAIN REPLACEMENT PROJECT B ID NUMBER:#032-2413-03/CJD PROJECT NUMBER:WRT054 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR DESIGN/BUILD CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 2nd day of ~ by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and Df}IICI,Afl N. I-IIGGINfl. INC. a Florida Corporation (_X_) a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) Check One hereinafter called "CONTRACTOR". WITNESSETH Ao The City has heretofore invited bids for a City conslxuction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: DESIGN/BUILD SURF ROAD AREA WATER MAIN REPLACEMENT PROJECT Bo Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 27th day of~ for the total bid amount Co On the 1st day of ~p~,_2flfl2u the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement. Do The Parties agree that the Project is scheduled to be completed within 120 calendar days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: c-1 1. AGREEMENT 1. l. The Parties agree that: 1.1.1. 1.1.2. The foregoing recitations contained in Paragraphs A-C are true and correct and incorporated herein by this reference. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction (GC-2) 1.1.5. Unless othenvise provided, all time frames referenced in all Contract Documents shall be calendar days. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The Contract Documents are the compilation of the following individual documents: 2.2.1. 2.2.2. 2.2.3. 2.2.4. 2.2.5. 2.2.6. 2.2.7. 2.2.8. 2.2.9. Advertisement for Bids Instructions for Bidders Bid Proposal Bid Bond General Conditions for Construction (GC) - all references to "GC" shall be to section numbers Construction Contract Certificate of Insurance Public Construction Bond Letters of Credit 2.2.10. Technical Specifications 2.2.11. Contract Drawings and Plans 2.2.12. Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties Co2 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. Guarantee all work and materials for a period of one (1) year. Upon receipt of written notification from the CITY, CONTRACTOR shall correct any defective or faulty work or materials which may appear within one (1) year after completion of the Contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Release of lien forms to be utilized shall be supplied by CITY. 3.1.6. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.7. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.8. Obtain written approval fi'om the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.9. Perform such other tasks as set forth in the Contract Documents. C-3 e 3.1.10. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions or the acts or omissions of their subcontracts or suppliers. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written f'mal acceptance and payment for the entire project. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within ~ calendar days following the commencement date as specified in same. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of completion. 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors fi.om those proposed in CONTRACTOR's bid proposal, and for such others a s t he Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. C-4 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $7_~0.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to complete the work within 1211 calendar days from the commencement date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the General Conditions for Construction (GC-44, GC-45, and GC-46). 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. 8.3. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees fi'om against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract s hall i n n o e vent b e I ess than $1 million p er occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. The execution of this Agreement by the CONTRACTOR shall obligate c-5 CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. e PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. 10.2. 10.3. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction (GC-57). All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. 11.2. The Project Engineer ("Engineer") is (0_~,/4~0-~1 $;0:3740 l:,xeeutive Way: Miramar: FI. 3~025_ The Project Engineer shall have general supervision and direction o fthe work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. C-6 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of t he Contract Documents r elating t o t he times o f performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. c-7 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN T HE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. INTIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. 15.5. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction (CrC 24) For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction (GC-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence off CITY OF BOYNTON BEACH, FLORIDA City Manager Attest: Approved as to Form: City Clerk City Attorney c-8 Signed, sealed and witnessed in the presence off DOUGLAS N. HIGGINS, INC. President or Vice President Attest as to CONTRACTOR State of Florida County of Palm Beach SS: On this ~ day of ,20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. My Commission Expires: Notary Public C-9 RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF BID FOR THE DESIGN/BUILD SERVICES FOR SURF ROAD AREA WATER MAIN REPLACEMENT PROJECT (BID NO. 032-2413-03/CJD) TO DOUGLAS N. HIGGINS, INC., IN THE AMOUNT OF $519,622.50; AUTHORIZING EXECUTION OF THE CONTRACT, AND PROVIDING AN EFFECTWE DATE. WHEREAS, on February 27, 2003, the City of Boynton Beach received and tabulated eight proposals for the above referenced bid, and, aft~ review and evaluation, it was determined by staff that Douglas N. Higgins, Inc., was the most responsive, responsible bidder who met all specifications; NOW, TttEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION OF TI-IE CITY OF BOYNTON BEACI-I, FLORIDA, TI-IAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, hereby approves the award of a bid for the Design/Build Services for Surf Road Area Water Main Replacement Project to Douglas N. Higgins, Inc., in the amount of $519,622.50, and authorizes the City Manager to execute contract, documents, a copy of which is attached hereto. Section 2. That this Resolution shall become effective immediately. S:\CA\RESO~Agreements\Bid Awards\Bid Award - Douglas N. Higgins, Inc..doc PASSED AND ADOPTED THIS __ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\RESO/Agreements\Bid Awards\Bid Award - Douglas N. Higgins, Inc..doc TO: FROM: PROJECT: '-CEIVED MAR 1 2003 ,~EMENT SERVICES . Interoffice Correspondence Bill Atkins, Deputy Director of Finance Paul Fleming, er~ Senior Project Manag Surf Road Area Water Main Replacement Utilities Department City of Boynton Beach Project Management Team DATE: March 13, 2003 PHONE: 6487 SUBJECT: Recommendation of Contract Award - Surf Road Area Water Main Replacement (Bid No. 032-2413-03/CJD) bc: File: 2.2 R. Kenyon B. Conboy K. Riseley J. Penkosky, P. E. (via fax (954) 450-5100) This office has reviewed the certified bid tabulation sheet and related information for the subject projectJbid and hereby recommends contract award in accordance with the following data: Project Name: Surf Road Area Water Main Replacement Project Recommended Contractor: Douglas N. Higgins, Inc. This is the Iow bidder under Bid No. 032-2413- 03/CJD whose bid represents the most advantageous bid to the City, price and other factors considered. Award Amount: $519,622.50 (a contingency reserve of 10% of the award amount or $51,962.25 should be set aside for unforeseen site conditions to be managed by the Senior Project Manager for a total funding authorization of $571,584.75). Account Numbers: Funds are available in the Utility General Reserve account 407-5000-590-96.02, WTR054. Verification of Contractor Responsibility : The Utilities Department and the project consultant Metcalf & Eddy have jointly verified that the firm Douglas N. Higgins, Inc. has performed successful similar construction works for a wide variety of both private and municipal clients. Since this is a design/build type of project, the Contractor has submitted as its primary engineering subcontractor the firm of Mathews Consulting, Inc. for the performance of the necessary professional engineering services. Both the firm and itself as well as the principals has extensive experience in the design and certification of numerous water project. Additionally, the firm has recently completed a very successful project with the City. Utilities Department City of Boynton Beach Project Management Team Interoffice Correspondence Compliance with the Plans and Specifications: No exceptions were taken to the construction design/build documents. A pre-award meeting with Utilities was held where the Contractor re- confirmed their understanding of the project and their ability to meet the project schedule. Client Office Concurrence: Bid results were discussed with Robert Kenyon, Deputy Utilities Director, who has indicated his concurrence with the award recommendation to Douglas N. Higgins, Inc. If you have any questions, please contact me at ext. 6487. Attachments: Agenda Item Cover Sheet and Checklist Agenda Item Request Letter of Recommendation from M&E with certified Bid Tabulation Metcalf & Eddy March 4, 2003 Mr. Paul M. Fleming, Senior Project Manager City of Boynton - Engineering 124 E. Woolbright Road Boynton Beach, Florida 33435 Re: Bid Evaluation and Contractor Recommendation Surf Road Area Water Main Upgrade Agreement R00-137 Task Order//01-06 - § 2003 3740 Executive Way Miramar, Florida 33025 lei: 954-450-7770 Fax: 954-450-5100 www.m-e.com Dear Mr. Fleming: In accordance with our agreement, Metcalf & Eddy, Inc. (M&E) has reviewed the eight bids presented at the Bid Opening at the City of Boynton Beach on February 27, 2003. All bids were tabulated and reviewed for irregularities and price. The Bid Tabulation form (attached) was certified in acknowledgement of this review. All bids were reviewed for required documentation submittals. The following bids were found to be missing required information as outlined below: Contractor CSR Heavy Construction Chaz Equipment Co., Inc. Coastland Development Foster Marine Contractors, Inc. Inter County Engineering Required Documentation not included in Bid Package Missing: Missing: Missing: Not completed: Not completed: Missing: Computer generated horizontal bar chart Evidence of required licenses/permits Computer generated horizontal bar chart Site Inspection Form Site Inspection Form Noncollusion Affidavit The bid tabs were also reviewed for correctness. in the bid tabs: Contractor AKA Services, Inc. CSR Heavy Construction The following main discrepancies were found Bid Tab Discrepancy Item No 3 value shown as $254,000; should be $245,000 Item No 22 value shown as $2,684.25; should be $2,803.55 Item No 3 value shown as $249,076; should be $242,130 p:kEngineeringkBoyntonBeach\to01-06\bidding\p f030304.doc Comment Typo, total is correct $149.50 less than correct total Contractor Coastland Development Inter County Engineering Bid Tab Discrepancy Item No 3 value shown as $249,076; should be $242,130 Item No 4 value shown as $51,253; should be $51,200 Item No 7 value shown as $4,122; should be $5,844 Paul Fleming March 4, 2003 Page 2 Comment $6,998 greater than correct total $1,722 less than correct total The bid documents were checked for agreement with the specifications. It was found that the costs reported by CSR Heavy Construction and Marine Engineering Contractors, Inc. for Bid Item No. 2 (mobilization/demobilization), exceed the 8% of total price bid limit documented in Section 01200 of the specifications. The two lowest bids based on price were evaluated with the following criteria, including but not limited to, in no particular order: 1. Bid price 2. Individual bid item consistency with other bidders 3. References where available a. Performance (timeliness, quality of work) b. Litigation c. Financial (billing, change orders, etc.) 4. Experience with similar projects 5. Palm Beach County and City of Boynton Beach experience From this criteria, Metcalf & Eddy recommends Douglas N. Higgins, Inc. for bid award on the referenced project. Please contact me with any questions or comments at 954-450-5159. Sincerely, METCALF & EDDY, INC. · Project Manager Attachment: Bid Tabulation CC: Bob Kenyon - Boynton Beach Karen Riseley - Boynton Beach ITl Ct-, C~ ~ ~m 0 m c _ Z o one> Z Z>z~ ~ 0 ~Z~0 ~ m ~ ~ ~ mm - m 0 z Z z z~ ~ m m z ~ ~ ' m~ ~ ~ ~ ~~0m ~ ~ 0 ~ m Z ~' ~ 0 C~' C~O~0z 0 Z 0 m m -r ~m ITl ,~ Z ;~3 --I ~2~ Z * 0~ O- m 0~ 0 "o m C ~ ~ c~ r'- ~' "n~ C 0 -- 0 Oo - rn -i rn.,~ ~ - Frl ~ -.q rn m m o 0 ;o Z Z~.z_I _o mO~ m mO 0 '"' -, _ m ¥¥ mm z° ~ ~ ~ ~-c~ (~ ~z '-~ o 0 I'll -- I-- ITl -o (/> .-I 0 Z 0 --I '"0 0 ~ Z > ~ O~'ot- m r'--q ~ mO m rn m m> m m_. Z · 'n Z0 -< _ ~ m -< ' m"o m mO '<~ 0mz .< 0-1 O0 '-~ o ~> --< -<~o> ~o m rnm rn m mZo ~m ~, .~ ~ (7) ;;0 0 (33 030303 000 ~00 0"13'13 ~.-q~ ~> "0~ ..< rn 0 ~oo ~m~ z · . m ~ = ~ ~ Z ~ o Z 0 c~ c;D z o ---I m ~ ~ ~ ~oo~OzO · -I Z '< 0~0 o ~ > m~ ~ ~ m -n ~ ~ CZ m Z ~ ;0 OD -- ~ -- 0 m m Z -H rn m z °z~~ .. om 0~. -< .< 0-~--'r'~"~m~zm ~ zOm o> ;o ~ .Z ~0= o om >22 -om mo 0 m rn O>m z0 >'Z m ~ 8-- mo~ m__. co 0 (/) , '< z -<~ zz~ mO 0--' m .< .< .< o-H {~ ""' mz m m m ~-~ -- O< :1:1:0 0 o "o "0 m rn o V.-CONSENT AGENDA ITEM C.:I. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST Requested City Commission Meeting Dates X April 1, 2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 March 31, 2003 (Noon) [] June 17, 2003 April 14, 2003 (Noon) [] July 1, 2003 May 5, 2003 (Noon) [] July 15, 2003 May 19, 2003(Noon) June 2, 2003(Noon) [] Administrative [] Announcement [] City Manager's Report X Consent Agenda [] Code Compliance/Legal Settlements June 16, 2003 (Noon~ June 30, 2003 (Noon)c_~ [] Legal [] New Business [] Presentation [] Public Hearing [] Unfinished Business RECOMMENDATION: Approve agreement between the City of Boynton Beach dba The Links at Boynton Beach Golf Course and Golf Digest to allow participation in their Golf Digest Players Club. EXPLANATION: Golf Digest is developing a "Players Club" program in an effort to attract new customers and reward loyalty. There is no cost to the City other than honoring the rewards received by the Players Club members as outlined in the attached information packet. In addition the course will be able to earn free advertising in Golf Digest and it's affiliated magazines through on-course sign-ups in the program. Golf Digest will also provide us with a member database for us to use in direct marketing plans. PROGRAM IMPACT: Potential for increase in rounds played and customer loyalty. FISCAL IMPACT: Increased revenues dependent upon increase in rounds played. ALTERNATIVES: N/A /,,) ~~ent "ead's Signature Golf Course/Administration Department Name City Manager's Signature City Attorney / Finance / Human Resources SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT WITH GOLF DIGEST ALLOWING PARTICIPATION IN GOLF DIGEST PLAYERS CLUB; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH clgo/a THE LINKS AT BOYNTON BEACH AND GOLF DIGEST; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Golf Digest is developing a Players Club program in an effort to attract new customers and reward loyalty; and WHEREAS, there is no cost to the City other than honoring the rewards received by the Players Club members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct execution of the Agreement with Golf Digest, a copy of which Agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of April 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk Ca/re.~o/a~ert~nt a/Go if Digeta Commissioner Commissioner S:\CA\RESO~Agreements\Golf Digest Agreement.doc Golf Digest Players Club Merchant Participant Agreement This agreement is made on .("Effective Date") between The Golf Digest Companies, an unincorporated division of Advance Magazine Publishers Inc., a New York Corporation ("GoLf Digest"), and ("Merchant Participant") for the purposes of registering Merchant Participant in the Golf Digest Players Club loyalty/benefits program (the "Program"). The Program is designed to increase comsumcr interest in Golf Digest and Merchant Participant by granting benefits to Program Members ~ customers of Merchant Participant) who purchase goods and services at Merchant Participant's facihties. Merchant Participant's credit/debit card transactional data will be used as the basis for awarding points and granting rewards. Program Members will be required to register at least one (and up to three) credit card(s) in the Program. Registration materials will be provided via direct mail, on site marketing, and point of sale registration. Creative materials for registration/enrollment into the Program are to be provided by Golf Digest. Merchant Participant agrees that once a Program Member has used a registered credit/debit card to play ten 18-hole rounds of golf at courses within the Program's network of courses, the Program administrator will generate a coupon/certificate in the name of the Program Member to be mailed to such Program Member's registered address. The coupon/certificate (valid for one year) will entitle the Program Member to a free green fee for one person to be used at any participating course - subject to the reservation and cancellation policies of each respective course. This Agreement shall be in effect for a minimum of one year from the effective date. Unless the Merchant Participant notifies Golf Digest of their intention to withdraw from the program, the Merchant Participant will automatically re-enroll into the Program annually. The term hereof may be modified by written mutual agreement of both parties. Notwithstanding the foregoing, Golf Digest may terminate this Agreement upon 30 days prior written notice at any time. In addition, Golf Digest may terminate this Agreement immediately if Merchant Participant materially breaches any term of this Agreement and fails to cure such breach within 10 days of receipt of written notice from Golf Digest. The Merchant Participant hereby authorizes the capture and transmission of all credit/debit card transactions and related information for the participating facility to the agent selected by Golf Digest on a timely basis pursuant to the specifications of Golf Digest and/or its agent. In turn the agent is authorized to make only the transactional data for members of the Program available to Golf Digest for the purposes of the Program. Golf Digest warrants that it will not accept any information of non-Program members gathered through this agreement from the agent. The Merchant Participant will: · Enter into a separate written agreement with Golf Digest's agent to authorize the electronic transfer of transactional data; · Complete the merchant registration and authorization letters to Merchant Participant's [SO/Sponsor Bank/Card Processor. Decembcr 20, 2002 M~e~8 uo~u~o8 &o ~gD eGO:80 £0 O~ Golf Digest Players Club Merchant Participant Agreement Fulfill free green fees to Program Members who present a Program certificate. The Program certificate entitles the Program Member to a free round of Golf. If it is the policy of the Merchant Participant that the green fee typically includes a cart, then the certificate would also entitle the Program Member to a free cart. Certificates may be redeemed anytime Monday through Friday and after noon on Saturday, Sunday, President's Day, Memorial Day, Independence Day, and Labor Day. Each Merchant Participant agrees to provide a maximum of 300 green fees per year at no charge to the Program. Send, at the end of each month, redeemed Program certificates for free round to Golf Digest Players Club, Box 395, Trumbull, CT, 06611. Program certificates are non-transferable and may only be redeemed by the persons to whom they were issued. Honor program certificates when redeemed (one each issued to new members only) for: One halfoffthe cost of a golf lesson (for new students) A free cart rental (if applicable) · A free bucket of range balls (if available at the Merchant Participant facility). Cooperate in on site marketing and point of purchase promotion and sales for the Program in the Merchant Participant's Golf Shop. · Agree to display promotional materials in Golf shop and other high traffic areas from April (or first day of course opening) through August 31. · KeeP point-of-purchase displays replenished with member brochures supplied by GDPC Send completed customer entry forms to GDPC on a weekly basis using pre-paid envelopes Agree not to participate in any other national golf frequency program that offers a magazine as one of its benefits. Notify Golf Digest if they elect to change my credit card processor. Complete and keep current the Green Fee Schedule. Golf Digest will: · Provide direct mail services as well as print and on-line advertising that ~vill include the Merchant Participant in conjunction with promotions for the Program. · Reimburse the Merchant Participant 50% of the value of the greens fee if there are more than 300 greens fee certificates redeemed at the Merchant's course. · Periodically provide the Merchant Participant with a database of Program Members who have played at their course. · Facilitate email adverQsing to Program Members. · Provide the Merchant participant with data on the playing habits of Program Members and non-members. Merchant Participant hereby acknowledges that it has received or will receive from Golf Digest and/or its agents, affiliates, or third party service providers confidential and/or proprietary information relating to the Program, Golf Digest's business and/or Program Members ("Confidential Information"). The Confidential Information will be held in strict confidence and will be used by Merchant Participant solely for the purpose of participating in the Program. Merchant Participant agrees that, except as required by law, it will not, either directly or indirectly, by agent, December 20. 2002 qa~ S'cl 00/.I-89G (IgS) ~oeal~ uo~U~Ol] ~o ~.~3 eO~ :80 ~00~ Golf Digest Players Club Merchant Participant Agreement representative or employee, disclose the Confidential Information, either in whole or in part, to any third person, whether individual, firm or corporation, other than to those directors, officers, consultants, agents, representatives, contractors and employees of Merchant Participant who have a need to know the information for the specific purpose stated above. Confidential Information shall not include any information wkich (a) is or subsequently becomes publicly available or generally 'known in the relevant industry without Merchant Participant's breach of any obligation of confidentiality owed to Golf Digest; (b) is known to Merchant Participant prior to disclosure of such information by Golf Digest; (c) becomes known to Merchant Participant from a source other than Golf Digest and without Merchant Participant's knowledge of any breach by such other source of any obligation of confidentiality to Golf Digest; (d) is independently developed by Merchant Participant with no use of the Confidential Information; or (e) is required to be disclosed by Merchant Participant pursuant to subpoena or court order, provided that Merchant Participant will take reasonable steps to give Golf Digest sufficient prior notice to enable it to contest or restrict such disclosure. Merchant Participant hereby represents and warrants to Golf Digest that (a) this Agreement has been duly authorized by all necessary corporate action on the part of Merchant Participant, has been duly executed and delivered by Merchant Participant and is a valid and binding obligation of Merchant Participant, enforceable against Merchant Participant in accordance with its terms; and (b) Merchant Participant will comply with all laws, rules, regulations, ordinances, and the like pertaining to the performance of its obligations hereunder, including without limitation the Gramm-Leach-Bhley Act, Pub. Law 106-102 and 16 CFR Part 313, and other regulations * regarding consumer privacy.* Merchant Participant will indemnify, defend, and hold harmless Golf Digest, its parent and affiliate companies, and their respective officers, directors, employees and agents, from and against all claims, losses, liabilities, damages and expenses (including attorneys' fees) arising from or related to any breach or alleged breach of the its representations, warranties, or obligations under this Agreement. *To the extent permitted by. law, Merchan, t ~rt~cipa~t will indemnify... Merchant Participant is an indepenaent contractor aha netmer n nor ns emptoyees wm oe considered an employee of Golf Digest for. any purpose, including but not limited to Golf Digest benefits, unemployment taxes, the Federal Insurance Contribution Act, and income tax withholding at the source. Nothing herein shall create, expressly or impliedly, a partnership, joint venture, or other association between the parties. Neither party may assign any part of this Agreement to any other person or entity without the prior written consent of the other (except that Golf Digest may assign this Agreement to an affiliated corporation or as part of the transfer of its business), and any such purported assignment without the required prior written consent shall be null and void. This Agreement constitutes the entire agreement and understanding between the parties, supersedes pr/or agreements between the parties with respect to the subject matter hereof, and may not be altered except in a document signed by the party to be bound thereby. No contrary or inconsistent terms, conditions, restrictions, or other provisions in delivery memos, invoices, letters, or other documents will be binding on either party unless expressly agreed to in writing by that party. Any notice to Golf Digest must be sent by certified mail return receipt requested or be delivered personally, and must be addressed to the attention of The Golf Digest Players Club, PO Box 395, Trumbull, CT 0661 l, Attn: Theresa Zions, with a copy to Sabin, Bermant & December 20, 2002 t~'d 00LI-996 (IgS) qoe~lt uo'),ul~o8 &o ~,.t3 eOI :80 I~0 0;~ q~.:l [919~ 0R .'Ce[/~£] ~0:B0 ~kL £0/0~/~0 Golf Digest Players Club -' Merchant Participant Agreement Gould LLP, Four Times Square, 23ra Floor, New York, NY 10036-6526, Attn: Jerr~ S. Birenz. This agreement will be governed by the laws of the state of New York (without regard to its conflicts of laws provisions), and any action based on or alleging a breach of this agreement must be brought in a state or federal court in New York County, New York, and the parties hereby consent to the exclusive personal jurisdiction of the courts located therein. IN WITNESS WHEP~OF, the parties hereto have set their hands aa of the date first written above. For Merchant Participant: For Golf Digest: By: By: Signed: Signed: Title: Title: Date: Date: Phone: FAX: Email: Address: December 20, 2002 Golf Digest Players Club Green Fee Schedule Course Name: City & State: Fees: Valid From: To: Amount $25.50 (Example) Day Time (From-To)*~ MTW I 6:00A.M to 3:00P.M (This fee will be used for any transaction that does not fit into a listed day and time.) Any transaction at or above the amount shown on the Day and Times listed will be counted as a round of Golf Form Completed By: Date: Signature: Please Fax Completed Form To (203)-371-2520. ' 1 Ability to examine data based on day and time depends on Credit Card Processor. Golf Digest Players Club Transaction Request Addendum Golf Digest Players Club effective has chosen to participate in We hereby authorize our acquiring institution or their designated POS processor to forward on a daily basis to Golden Retriever Systems (GRS) all electronic payment transaction records that they capture on our behalf (this includes, but is not limited to, Visa Cards, MasterCard Cards, American Express Cards, Discover Cards, Diners Club Cards, JCB Cards, ATM Debit Cards, check truncation records). We will forward GRS all appropriate merchant I.D. numbers (including American Express SE #'s) to allow you to identify all applicable Golf Digest Players Club~ transactions from the inbound transaction files. If our acquirer or POS Processor is unable to forward American Express or Discover transactions to GRS, this addendum is intended to serve as our official request to American Express and/or Discover as appropriate. Very truly yours, X (Please supply us with the information requested below to begin the process of attaining transaction files front your acquiring institution.) Acquiring InstitutionfProcessor Information Institution Name: Institution Address: Phone #: Fax #: Contact Name: Email: Merchant Number(s): Golden Re t rte v e r S vs te ms December 12, 2002 The Golf Digest Companies John Kulhawik, Director Information Technology 5520 Park Avenue Trumbull, CT 06611 Re: Data Security Dear Mr. Kulhawik, Golden Retriever Systems, L.L.C. (GRS) pioneered and is recognized today as the leading developer of PC-based application systems in the U.S. payment card processing industry. GRS' customers include processors, acquiring banks and independent sales organizations across the United States and worldwide. GRS is a wholly owned subsidiary of Vital Processing Services® (Vital) is a recognized leader in technology-based commerce enabling services. Vital is a merchant processing joint venture of Visa® U.S.A. and Total System Services, Inc.® GRS also provides transaction data base analysis and processing services and support to Vital Processing Services, Visa USA/Visa International, Bank of America, US Bank, Citibank, MBNA, and many other clients. GRS processes over 6 billion transactions annually for our clients. Data security is GRS's primary focus on a day-by-day basis. All transactional data received at GRS is encrypted and maintained in a highly secure data center and access to that data is governed by the Visa U.S.A. Cardholder Information Security Program (CISP) which defines a standard of due care and enforcement for protecting cardholder information. The dissemination of this data is only allowed to the merchant or processor of that data and is in no manner provided to any third party. All transactional data that is not matched for our clients is deleted after thirty days. Very Truly Yours, Ceasar Verdelli Executive Vice President 7030 West Oakland Street, Chandler, Arizona 85226, Telephone 480.308.1900, Facsimile: 480.961 3357 V.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM C.2 AGENDA ITEM REQUEST F Requested City Commission Meeting Dates X April I, 2003 [] April 15,2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to Cit3' Clerk's Office Meeting, Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation x Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business 'iL-9 RECOMMENDATION: Motion to approve and execute by Resolution, Task Order//24 with Utilitt~ General Engineering Consultant, CH2M Hill in an amount up to but not to exceed $135,404.00. This : Task Order is for engineering services for the design, permitting, bidding, and construction management services for the replacement of two (2) surficial aquifer wells in our eastern wellfield. EXPLANATION: The east wellfield consists of 19 wells (including wells 3 & 10) from 50 to 235 feet in depth. At any time one or two of these wells may be temporarily out of service for maintenance. Wells 3E and 10E are not used at all due to water quality and wellfield protection issues. We wish to redrill and replace these two wells near the existing locations and place them into normal rotational service. Well//3 was drilled in 1946 and Well #10 was drilled in 1972 and modified in 1989. PROGRAM IMPACT: We anticipate the construction of these two replacement wells to restore approximately one million gallons per day of production capacity. This will not increase our permitted allocation, but will restore available capacity for short-term durations, provide operational backup, allow for wellfield rotation, and better implementation of scheduled maintenance, eliminate wellfield protection concerns and reduce upconing of chlorides. FISCAL IMPACT: The cost of this Task Order will be paid on a time and materials basis due to the significant variables in permitting and drilling but will not exceed $130,404.00 for engineering and hydrogeological services. We also request authorization for up to an additional $5,000.00 for surveying if required for a total of up to $135,404.00. Funds are available for this Task Order in the Renewal & Replacement account//401-5000-590-96.02, WTR115. S:\BULLETIN~FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: 1) Explore and obtain new and additional sites for wells, 2) Continue not using these wells, 3) Use the wells at the risk of increasing chlorides to entire wellfield. Department Head ~Signamre - '~ty' Manager's Signature Utilities Department Name City Attorney / Finance / Human Resources Xc~ Bob Kenyon Dale Sugerman Barb Conboy File S:\BULLET1N~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TASK ORDER NO. 24 FOR CH2M HILL, INC., FOR THE ENGINEERING SERVICES FOR THE DESIGN, PERMITTING, BIDDING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE REPLACEMENT OF TWO SURFICIAL AQUIFER WELLS IN OUR EASTERN WELLFIELD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, task order No. 24 is for engineering services for the design, permitting, bidding and construction management services for the replacement of two surficial aquifer wells in our Eastern Wellfield; and WHEREAS, the east wellfield consists of 19 wells from 50 to 235 feet in depth, at any time one or two of these wells may be temporarily out of service for maintenance, and Wells 3E and 10E are not used at all due to water quality and wellfield protection issues; and WHEREAS, it is the intent of the City to redrill and replace these two wells near the existing locations and place them into normal rotational service, which were drilled in 1972 and 1989, respectively; and WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve Task Order No. 24 for CH2M Hill., for engineering services for the design, permitting, bidding and construction management services for the replacement of two surficial aquifer wells in our eastern Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the approval and execution of Task Order 24 for CH2M Hill, for engineering services for design, permitting, bidding and construction management services for the replacement of two surficial aquifer wells in our eastern wellfield. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner Task Order No. 24 Engineering Services for the Design, Permitting and Bidding of' Two Replacement Water Supply Wells at the City of Boynton Beach's East Well Field A. Background Water supply for the City of Boynton Beach's East Water Treatment Plant (WTP) is from a series of wells located on and around the WTP site. The City has discontinued use of two of the wells - No. 3 and No. 10 - for various reasons related to water quality and wellfield protection issues. Recently, the City has expressed an interest in replacing these wells with new ones located in the same general vicinity, but in a more productive interval within the surficial aquifer. To replace these weUs in kind and in the general vicinity, the South Florida Water Management District (SFWMD) will allow a simple letter modification, but will also require proper abandonment of the well being replaced. The City has requested that CH2M HILL provide engineering and hydrogeologic services to conduct the design, permitting, bidding, construction management, resident observation and start-up services. The following task order provides the scope of work, schedule, and fee estimate for conducting these services. B. Scope of Services This scope of services provides for design, permitting, bidding, construction management, resident observation and startup services for the replacement of two water supply wells at and in the vicinity of the City's East Water Treatment Plant. Task 1 - Design Criteria CH2M HILL will provide the following services for the City during the development of design criteria for the replacement water supply wells: Technical Review. CH2M HILL will review avzilzhle existing information related to the proposed replacement well sites including: · Record drawings of existing facilities and utilities · The City's design and construction standards Kick-off Meeting. CH2M HILL Will meet with the City staff to clarify the City's requirements for the project. Critical path issues (permitting, construction sequence, etc.) that will require information/guidance from the City before preliminary design can' effectively begin will be identified. A site visit will be carried out to identify possible conflicts, determine site constraints and the City preferences for equipment types and DI~_TS K_O~D_24_O~40312. DOC location. CH2M HILL will prepare meeting minutes of the kick-off meeting and site visit including an action item list of critical issues requiring resolution. Design Criteria. CH2M HILL will address outstanding design issues and summarize the preliminary design criteria for each component of the Replacement Water Supply Wells. The design criteria description summaries will be presented in a meeting summary. Design Criteria Review Meeting. Within 2-weeks of the City receiving the meeting smnmm'y (draft), CH2M HILL will conduct a design criteria review meeting with the City staff.. The review will consist of a meeting between the City and key members of CH2M HILL project team. CH2M HILL will prepare and distribute a written summary of decisions rendered. The approved written summary will serve as the basis for proceeding with the subsequent design. After written acceptance by the City of the design criteria and meeting summary, CH2M HILL will proceed with Detailed Design Services. Task 2 - Detailed Design Services After completion of the design criteria, CH2M I-HLL shall perform final design. On the basis of the accepted design criteria, the final design drawings and specifications for each system will show the scope, extent, and character of the work to be furnished and performed by a contractor. One set of contract documents will be prepared for the well, wellhead, piping, pumps, electrical and I&C. Detailed design work will include the following subtasks. Construction Drawings. CH2M HILL will produce civil, structural, mechanical, instrumentation and electrical construction drawings. It is estimated CH2M HILL will produce approximately 10 construction drawings. Drawings will be produced on ll-inch by 17-inch sheets and will include: · Site/civil layouts · Well construction and expected hydrogeology · Structural (well pad) · Well pump and motor · Mechanical, equipment, and piping layouts · Known utilities · Electrical · Instrmnentation and controls Full size drawings will be produced for permit review and bidding, other drawings produced will be 11" x 17". Surveying;. This project assumes surveying from the City's previous designs is adequate. However, ff not, the CH2M HILL will provide a qualified surveyor to perform a survey to collect the information required to complete the design. This will include data on the pipeline corridor from the Replacement Water Supply Wells and is included as an allowance task, as needed. Construction Docmnents. CH2M HILL will produce construction documents for the Replacement Water Supply Wells that will include specifications, equipment and 2 ~_TSK_ORD_24_Oe040312.DOC instrument lists, and functional descriptions. Specifications will be prepared in conformance with the sixteen-division format of the Construction Specifications Institute (CSI). Detailed Design Submittal. CH2M HILL will provide a 90 percent design submittab(forir copies of documents) for the production wells and the remainder of the Replacement Water Supply Wells utilizing the design concepts developed and approved in the design criteria . phase. The submittal will include the following: · Draft technical specifications and construction documents 90 percent design drawings (11 x 17 copies and one full-size set) · An order-of-magnitude level construction cost opinion based on the 90% complete construction documents Detailed Design Review Meeting. Within 2-weeks of the City receiving the Detailed Design Submittal, CH2M HILL will conduct a 90 percent review meeting with the City staff to review the detailed design. The review will consist of one meeting between the City and key members of CH2M t-HLL project team. CH2M HILL will prepare and distnq~ute written summaries of decisions rendered. The approved written summaries will serve as the basis for proceeding with the completion of detailed design. Fin'al Detailed Design Submittal'. Based upon the comments agreed upon as a resultof the 90 percent review meeting with the City, CH2M HILL will prepare a 100 percent (final) design submittal for the Replacement Water Supply Wells. Completion of the changes and revisions to the documents from the 90% review is expected to take approximately 2-3 weeks; The final documents will be used to obtain competitive bids for the cons~action of. these projects. The submittal will include: · Five sets of final (100 percent) specifications · Five sets of final (100 percen0 full size drawings · Updated Opinion of Cost for the design package After acceptance by the City of CH2M HILL's 100 percent drawings and specifications, CHRM HILL sb~,ll prOCeed with performance of the services called for in the Bidding Phase. Permitting shall be carried out concurrent with design and prior to the Bidding Phase. Task 3 - Permitting Services .CH2M HILL will conduct preliminary meetings or phone cal~ with the various permitting agencies listed herein to coordinate the required permit applications for the new construction. Drawings and engineering reports will be prepared for each permit application as required. CH2M HILL will assist in obtaining the necessary permits and modifying the Water Use Permit for the Replacement Water Supply Wells by obtaining and completing the permit forms for the City approval/signature and providing required background information and signed and sealed drawings. The following application permits will be prepared and submitted to the following agencies · Palm Beach County Health Department (PBCHD) · South Florida Water Management District (SFWMD) (letter modification of existing Water Use Permit to include replacement water supply wells) · Palm Beach County Department of Environmental Resources Management (E .RM) for wellfield protection Permitting will be performed concurrently with final design and is scheduled to be completed prior to bid phase services. This scope of work includes one response to the initial request for information (RFI) from each permitting agency. Task 4 - Bid Phase Services Bid phase services will be provided for the Replacement Water Supply Wells design package. The bid phase services to be performed by CH2M HILL are: Bid Package Preparation. CH2M HILL will prepare Drawing and Specification packaging, including City front ends, for bidding purposes. CH2M HILL will reproduce and distribute construction bid documents or solicitation of quotes to prospective bidders, on behalf of the City. Pre-Bid Meetings. CH2M HILL will coordinate and attend one Pre-Bid meeting and issue meeting minutes summarizing topics of discussion and responding to significant Bidder questions. Technical Issues. CH2M HILL will coordinate communicati°ns with bidders on matters related to technical aspects of the design. All correspondence on these matters will be copied to the City. Addenda. CH2M HILL will issue addenda, if required, based upon the questions of prospective bidders and the need to clarify the Contract Document's intent. Bid Review. CH2M HILL will review the bids received for accuracy and prepare Bid Tabulation for review by the City. H2M HILL will review Bid Documents of the apparent low bidder including payment and performance bond information, insurance information, and references. Based upon the above, CH2M HILL will issue a Recommendation of Award letter to the City. "As Bid" Conformed Construction Documents. CH2M HILL will produce a total of six copies of conformed "As Bid" Contract Document Specifications and Drawings, incorporating all Addenda. This will include the selected Contractor's Bid, Payment and Performance Bond and Certificates of Insurance. The conformed construction documents will be issued to the City and Contractor for signature and execution. Two copies will be issued to the Contractor, two copies will be issued to the City, and two copies will be issued to CH2M HILL. Drawing Copies. CI-I2M HILL shall provide to the City an elec~onic copy and one reproducible copy Of conformed contract documents and drawings. 4 DFB~SOW_TSK_OR D_24_02040312. DOC Bid Service Completion. Bid services will be considered complete upon CH2M HILL's review and providing the Contractor's executed documents and conformed contract documents to the City. Task 5 - Construction Management Support Services The City will be responsible for construction management and CH2M HILL will be responsible for supporting the City during construction with the following services. Preconstruction Conference. CH2M I-tILL will coordinate and chair a pre-construction conference with the awarded contractor and the City. CH2M HILL will be responsible for preparing agenda, chairing and preparing minutes from the meeting. Monthly Progress Meetings. CH2M HILL will chair monthly progress meetings with the awarded contractor and the City. CH2M HILL will be responsible for preparing agenda, chairing and preparing minutes from the meetings. Submittal Review. CH2M HILL will review submittals from the contractor including shop drawings, product data, schedules, progress payments and will provide up to one additional review per submittal; CH2M HTLL will submit two copies to the City for their review and comment Payment Applications. CH2M HILL will review payment applications received from the Contractor and upon acceptance of quantifies and amounts, will sign and forward onto the City for approval and payment. Field and Change Orders. CH2M HILL will issue review field orders, requests for quotation, work change directives, and change orders received by or prepared by the City as needed throughout the project. Requests for Information. CH2M HILL will also review and respond to Field Change Requests (FCR), Requests for Information (RFI) and Clarification submitted by the Contractor. Following review by the City, CH2M HILL will issue field orders, Requests for Quotation (RFQ), Work Change Directives 0NCD) and Change Orders as required by the projec Project Start up and Close Out. CH2M HILL shall conduct project dose out services induding~ · Incorporation of as-built information provided by the Contractor into a final set of Record Drawings. · Conducting substantial completion and final acceptance inspection and issuing punch lists following each inspection. · As part of the above inspections, CH21VI I-DLL will coordinate, document and provide technical oversight during start up. · Reviewing final dose out change orders and payment applications from the Contractor for processing by the City. OFI~..TSK_ORO_24....02040312 5 Task 6 - Resident Observation CH2M HILL shall conduct part-time resident observation services during the well construction and testing. This task assumes that 6 weeks of the estimated 16-week consb'uction period will require part-time resident observation, up to 24 hours per week.. CH2M HILL shall provide part-time resident observation services during the construction of the surface facilities of the Replacement Water Supply Wells. Following completion of well construction and testing, part time resident observation shall commence and shall include once to twice per week inspections of the facility as the CONTRACTOR is constructing the final wellhead facilities. This assumes a maximum of 20 inspections during a 10-week period of observation. D. Assumptions · Properties in the immediate vicinity of the existing water supply wells will be considered for siting of the supply wells. · CITY will be responsible for conducting the necessary land and easement acquisitions. · Design of the well replacements shall include the specifications for properly abandoning the existing water supply wells. · CITY will be responsible for paying separately for all permit fees as required. · Construction permits from SFWMD for construction of the replacement water supply wells and the abandonment will be the responsibility of the contracted well driller. · It is assumed no surveying will be required for the Replacement Water Supply Wells. However, if it is required to ob~in the necessary easements to construct the replacement, a separate allowance of $2/500 per well has been induded in the budget E. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated October 4, 2000, between the City of Boynton Beach and CH2M HILL, Inc. F. Compensation Compensation by the CITY to CH2M HILL for services provided in this Task Order will be a time and expenses basis in accordance with the above mentioned Agreement The compensation for the services described in Task 1 - 5 of this Task Order is estimated at a not-to-exceed amount of $130,404, plus an additional $5,000 allowance for surveying, if required, and is as shown below. Work completed by CH2M HILL will be invoiced monthly based on actual labor hours at contracted billir~g rates and acbml expenses incurred. DFB~SOW_TSK_ORD_24_02040312 Talk Description Labor Labor Co~t Expense Co~t Totals Houri Task 1 - Design Criteda 85 $9,198 $1,006 $10,204 Task 2 - Final Design 287 $29,025 $3,175 $32,200 Task 3 - Permitting 116 $11,280 $1,234 $12,515 Task 4 - Bidding 72 $7,631 $835 $8,466 Task 5 - Construction Sewices 197 $19,257 $2,107 $21,364 Task 6 -Resident Observation 367 $41,153 $4,502 $45,656 Totall wlo Surveying 1124 $117,544 $12,860 $130,404 Allowance: Surveying (if needed) $5,000 $5,000 Grand Totale w/Surveying 1124 $117,544 $17,860 $135,404 G. Schedule CH2M HILL will commence services upon receipt of written authorization and will complet~ the work according to the following schedule. Talk Deecrlptlon 9tart Flnlah Task 1 --Design Criteria March 20(13 April 2003 Task 2 - Final Design April 2003 June 2003 Task 3 - Permitting April 2003 July 2003 Task 4 - Bidding July 2003 August 2003 Task 5 - Construction Services August 2003 January 2004 Task 6 -Resident Observation August 2003 December 2003 A bar chart schedule showing the links between tasks is attached. Total time for notice to proceed to completing construction dose out services is estimated at approximately 10 months. ~_TSK_ORD_24_~204~12.DOC 7 APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: City Manager Dated this __ day of SUBM1TlrED BY: CH2M HILL, INC. By: ,2003. Thomas McClo '~,, . · Vice President,~vf~m~ ~ ~v~o~-~ ~ Dated this ~.__.~ day of DI=B~SOW _'I'SK_OR 0_24_{12048312. DOC V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.3 AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] April 1,2003 [] April 15.2003 [] May 6. 2003 [] May 20, 2003 Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) March 3 I, 2003 (Noon) April 14, 2003 (Noon) May 5, 2003 (Noon Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office [] June 2, 2003 May 19, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] July I, 2003 June 16, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing ?. ~"..:, [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and execute by Resolution the Interlocal ':-' Agreement between the Northern Palm Beach County Improvement District and 39 other Palm Beach County governmental entities (including the City of Boynton Beach.) EXPLANATION: This interlocal agreement deals with stormwater discharge permit requirements issued by the Florida Department of Environmental Protection (FDEP), and the countywide coordination of the permit requirements. The permit regulates stormwater discharges from the municipalities, special districts, and other agencies in Palm Beach County. This arrangement has worked well for the City and others in complying with the regulations. PROGRAM IMPACT: This agreement will enable us to continue to coordinate our stormwater activities with the other agencies countywide. This increases efficiency and reduces costs significantly. The agreement will remain in full force and effective through November 2007 (the current permit term) and until FDEP grants a renewed (Third) permit. FISCAL IMPACT: $22,160.00 for Second Permit - Third Year (10-1-03 through 9-30-04) Program. Funds are available in Utilities Account #401-2824-536-49-17. ALTERNATIVES: Apply for an individual stormwater discharge permit at great expense. "~ ~ Departm~ Department Name S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT (NPDES); AND PROVIDING AN EFFECTIVE DATE. between the County WHEREAS, this is an Interlocal Agreement County Improvement District and 39 other Palm Beach including the City of Boynton Beach; and WHEREAS, this I. nterlocal Agreement deals with stormwater Northern Palm Beach governmental entities, discharge permit requirements issued by the Florida Department of Environmental Protection (FDEP), and the countywide coordination of the permit requirements; and WHEREAS, the permit regulates stormwater discharges from the municipalities, special districts, and other agencies in Palm Beach County, and will enable us to continue to coordinate our stormwater activities with other agencies countywide; and WHEREAS, this Agreement will remain in full force and effect through November, 2007, and until FDEP grants a renewed Third Permit; and WHEREAS, the City Commission, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to enter into this Interlocal Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1,. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. S :\CAXRESO~Agr~ments~nt~rlocalaXNPDES interloeal.doc Section 2. The City Manager is hereby authorized and directed to execute an l. nterlocal Agreement between the City of Boynton Beach, Florida and Northern Palm Beach County Improvement District, which agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S :\CAXRESO~S~greements~InterlocalsLNPD ES Interloeal.doe NPDES SECOND TERM PERMIT INTERLOCAL AGREEMENT This Agreement shall be effective as of the __ day of ,2003 ("the Effective Date"), and is being entered into by and between NORTHERN PALM BEACH COUNTY IMPROVEMENT DI STRICT, 357 Hiatt Drive, Palm Beach Gardens, Florida 33418, (hereinafter referred to as "the Lead Permittee"), and The City of Boynton Beach (hereinafter referred to as the "Co-Permittee"). WI TNE S S E TH: WHEREAS, the United States Environmental Protection Agency (hereinafter referred to as "EPA") on the 9th day of December, 1996, issued its National Pollutant Discharge Elimination System ("NPDES") Permit No. FLS000018 (hereinafter referred to as the "NPDES Permit") to governmental entities designated as the Palm Beach County-Municipal Separate Storm Sewer System Permittees (hereinafter referred to as "the Permittees"); and WHEREAS, EPA has since delegated its regulatory and enforcement authority relating to this permit to the Florida Department of Environmental Protection ("FDEP"); and WHEREAS, Section 403.0885, Florida Statutes, established the federally approved state NPDES Program; and WHEREAS, FDEP Rule 62-4.052, F.A.C., implemented an annual regulatory program and fees to effect the legislative intent that FDEP's costs for administering the NPDES Program be borne by regulated parties; and WHEREAS, the Permittees timely filed a re-application to FDEP to be granted a renewal for the second term of the NPDES Permit (hereinafter referred to as "the NPDES Second Term Permit"); and WHEREAS, on November 18, 2002, FDEP granted said Second Term Permit with certain conditions enumerated therein; and WHEREAS, the NPDES Second Term Permit, like the NPDES Permit, contains certain separate obligations and responsibilities on the part of each individual Permittee, as well as some obligations and responsibilities that may be performed jointly by all of the Group Permittees; and WHEREAS, due to the number of Group Permittees and the tasks that must be performed under the NPDES Second Term Permit, it would be most economically and administratively feasible to allocate duties, responsibilities, and costs associated therewith under the terms of this Agreement; and WHEREAS, the Permittees have established a 6-member Steering Committee comprised of 2 representatives of large municipalities, 2 representatives of smaller municipalities, 1 representative of special districts, and 1 representative of Palm Beach County, which Committee coordinates the joint activities in Palm Beach County' s NPDES Program, including but not limited to recommending to the Lead Permittee retention of necessary consultants to execute the Program; and WHEREAS, the parties had previously executed Agreements in 1997, with Palm Beach County' s execution in 1998 and the Florida Department of Transportation's (FDOT' s) execution of a Joint Participation Agreement in 1999, setting forth the terms and conditions of the parties' obligations and responsibilities required of them during the first 5 years of the NPDES Permit; and WHEREAS, these agreements were extended by the parties prior to the termination date of September 30, 2002, until generally such time as the parties execute additional agreements as required by the NPDES Second Term Permit; and WHEREAS, the parties hereto are authorized pursuant to Chapter 163, Part 1 of Florida Statutes, to enter into this additional Interlocal Agreement and do hereby wish to adopt, ratify and confirm the provisions and incorporation herein of Subparagraph (9) of Section 163.01, Florida Statutes. NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes, the undersigned parties, for and in consideration of the mutual benefits set forth herein, do hereby enter into this Interlocal Agreement and represent, covenant, and agree with each other as follows: SECTION ONE REPRESENTATIONS 1.01. Recitals. The recitals and representations as set forth hereinabove are tree and correct to the best of the knowledge of the parties and are incorporated herein by this reference. SECTION TWO DESIGNATION OF PARTIES 2.01. Lead Permittee. Northern Palm Beach County Improvement District is hereby designated as the Lead Permittee for the purposes of this Agreement and the NPDES Second Term Permit. 2.02. Co-Permittee. The City of Boynton Beach is hereby designated as a Co-Permittee for the purposes of this Agreement and the NPDES Second Term Permit. 2 SECTION THREE NPDES SECOND TERM PERMIT 3.01. Term of Permit. The NPDES Second Term Permit has an issuance date of November 18, 2002 (the "NPDES Second Term Permit Issuance Date") and an expiration date of November 17, 2007 (the "NPDES Second Term Permit Expiration Date"). 3.02. ~. The NPDES Second Term Permit requires that certain reports be submitted to FDEP generally on an annual basis throughout the duration of the NPDES Second Term Permit. SECTION FOUR TERM OF AGREEMENT 4.01. Term. The anticipated term of this Agreement shall be from the Agreement's Effective Date through November 17, 2007, but subject to an annual Fiscal Year (as hereinafter defined) renewal process pursuant to the following Section 4.03, unless otherwise terminated in accordance with other provisions of this Agreement. 4.02. Fiscal Year. The term "Fiscal Year" is defined for the purposes of this Agreement as the following fiscal year periods: (i) 2002 - from October 1, 2002 through September 30, 2003. (ii) 2003 - from October 1, 2003 through September 30, 2004. (iii) 2004 - from October 1, 2004 through September 30, 2005. (iv) 2005 - from October 1, 2005 through September 30, 2006. (v) 2006 - from October 1, 2006 through September 30, 2007. (vi) 2007 - from October 1, 2007 through September 30, 2008. 4.03. Renewal.. This Agreement shall be automatically renewed as of the beginning date of each Fiscal Year, and at the beginning of the Fiscal Year commencing immediately after the conclusion of the 2007 Fiscal Year, and will remain in full force and effect during the pendency of any re-application or renewal of the NPDES Second Term Permit until such time as FDEP grants same, unless a party to this Agreement provides written notice of non-renewal to the other party at least thirty (30) days prior to the end of the prior Fiscal Year, or unless the Agreement has been previously terminated as provided herein. SECTION FIVE SCOPE OF WORK AND ALLOCATION OF DUTIES AND OBLIGATIONS 5.01. Scope of Work The Scope of Work contemplated under this Agreement is applicable to the implementation and execution of the NPDES Second Term Permit, which Permit is incorporated herein, to be facilitated and coordinated by the Steering Committee, and is generally described as follows: (i) The timely preparation, coordination, and execution of all interlocal agreements necessary to carry out the terms of the NPDES Second Term Permit. (ii) The timely preparation, coordination, and submittal to FDEP of all system- wide annual reports. (iii) The timely implementation, coordination, and execution of all monitoring required by Part V.B. of the NPDES Second Term Permit. (iv) The timely preparation, coordination, and submittal to FDEP of major watershed pollutant load estimates as required by Part V.A. of the NPDES Second Term Permit. (v) The timely development, implementation, and execution of all system-wide public education programs required by the NPDES Second Term Permit. (vi) The timely development, implementation, and execution of all storm water management programs required by the NPDES Second Term Permit. (vii) The timely preparation, coordination, and distribution of standardized forms necessary to carry out the terms of the NPDES Second Term Permit. (viii) The timely payment of all applicable permit fees. (ix) The timely and adequate performance of any other necessary and reasonable task required by the NPDES Second Term Permit. 5.02. Allocation of Duties and Obligations (i) The Lead Permittee shall be responsible for those duties and obligations which are specifically identified and delineated in Attachment "A" which is attached hereto and incorporated herein (the "Lead Permittee Services"). (ii) The Co-Permittee shall be responsible for such other duties and obligations as are identified as being its individual responsibility in the NPDES Second Term Permit. 5.03. Modifications to NPDES Second Term Perrrfi. t. It is understood and agreed that any changes, modifications, revisions, or additions to the terms of the NPDES Second Term Permit made subsequent to the Effective Date of this Agreement are expressly excluded from and not a subject of this Agreement without an amendment to this Agreement mutually approved by the parties with the same formality herewith. SECTION SIX FUNDING AND ALLOCATION OF COSTS AND EXPENSES As required by Sect. 2 of the Resolution adopted by the Lead Permittee on September 24, 1997 approving the NPDES Steering Committee Administrative Guidelines for Collection, Management and Disbursement of NPDES Interlocal Agreement Funds, attached hereto as Attachment"B", said guidelines are hereby incorporated by reference into this Interlocal Agreement. 6.01. ~. In that this Agreement is anticipated to be renewed for a number of Fiscal Years, the parties acknowledge that it is difficult to project the potential costs the Lead Permittee may be required to incur in future Fiscal Years in order to carry out the Lead Permittee Services. Due to the above, the parties agree that it is in their mutual best interests to arrive at a payment amount on an annual advance Fiscal Year basis in order to more reasonably calculate the amount that will be required to be paid by the Co-Permittee to the Lead Permittee for the provision of Lead Permittee Services. 6.02. Prior Funding. The parties agree that any surplus funds previously paid by the Co- Permittee pursuant to any prior Interlocal Agreement it has entered into with the Lead Permittee that relates to the NPDES Permit application process, or the reapplication process for the Second Term, shall be applied to and used for the provision of Lead Permittee Services by the Lead Permittee during the 2002 Fiscal Year. 6.03. 2003 Fiscal Year Payment. In addition to the funds referenced in above Section 6.02, the parties agree that for the 2003 Fiscal Year, the Co-Permittee shall also pay to the Lead Permittee the sum which represents the combined payment of the Lead Permittee's Services during the 2003 Fiscal Year term of this Agreement and the Section 6.04 ten percent (10%) Reserve Fund Contingency pursuant to the terms of this Agreement. 6.04. Reserve Contingency. The parties acknowledge that each Fiscal Year payment required to be paid by the Co-Permittee to the Lead Permit-tee for the provision of the Lead Permittee Services will include a reserve fund contingency (the "Reserve Fund Contingency") for unexpected additional costs and expenses. The Reserve Fund Contingency amount shall be equal to ten perdent (10%) of each Fiscal Year's payment amount. 6.05. Current Funding. The parties acknowledge that the aforementioned funding will be sufficient to satisfy the current NPDES Second Term Permit requirements for the 2002 Fiscal Year unless unexpected additional costs and expenses of the nature described in following Section 7.03 are incurred. 6.06. Future Funding. As to future Fiscal Year payments that will be required to be paid by the Co-Permittee to the Lead Permittee, the parties agree that on or before March 1, 2003, the Lead Permittee shall provide a cost estimate to the Co-Permittee of the amount the Co-Permittee will be requested to pay during the 2003 Fiscal Year, with all subsequent Fiscal Year estimates to be sent on or before March 1st of each following Fiscal Year. The Lead Permittee and Co-Permittee shall then have until sixty (60) days before the beginning of the next Fiscal Year to agree in writing upon a mutually acceptable dollar amount to be paid by the Co-Permittee to the Lead Permittee for the applicable Fiscal Year, all of which shall be paid pursuant to Section Seven of this Agreement. If, however, the parties cannot agree upon a mutually acceptable dollar amount by the aforementioned deadline, then in that event this Agreement shall be deemed terminated unless otherwise agreed to in writing by and between the parties. 6.07. 2006 Fiscal Year. It is possible that during the 2006 Fiscal Year, the Co-Permittees and FDEP will commence to negotiate or renegotiate the terms of the NPDES Second Term Permit. As a result, allocation of the Scope of Services that are required to be provided hereunder may be modified. Due to this uncertainty, the allocation of each party's duties and obligations hereunder, together with the funding process for provision of services, will be reexamined during the 2007 Fiscal Year of this Agreement. 6.08. Separate Co-Permittee Expenses. Except for such amounts as are required to be paid by the Co-Permittee to the Lead Permittee pursuant to above Sections 6.02 through 6.07, the Co- Permittee shall be responsible for all other costs and expenses relating to its individual duties and obligations under the NPDES Second Term Permit, including but not limited to: (1) all costs of the Co-Permittee's preparation and submittal of such of its own individual Annual Report(s) that may be separately required by the NPDES Second Term Permit, (2) costs of all monitoring that may be the Co-Permittee's individual responsibility, (3) costs of gathering, compiling, coordinating, and submitting all necessary data that may be individually required of the Co-Permittee by the NPDES Second Term Permit, and (4) all other costs of carrying out any other individual responsibility of the Co-Permittee according to the terms of the NPDES Second Term Permit. 6 6.09. Ann~ml Appropriation of Co-Permittee. The Co-Permit-tee' s obligation to pay under this Agreement is contingent on an annual appropriation in the budget approved by the governing body of Co-Permittee. . SECTION SEVEN PAYMENT PROCEDURe,. The Co-Permittee agrees to pay its annual Fiscal Year payments as follows: 7.01. 2003 Fiscal Year... The 2003 Fiscal Year payment amount specified in above Section 6.03 may, at the option of the Co-Permittee, be paid in either a single lump sum payment due and payable on or before December 15, 2003; in twelve (12) equal monthly installments commencing on October 1, 2003, and thereafter on the 1st day of each subsequent month of the 2003 Fiscal Year (said payment dates being hereinafter referred to as the "Payment Due Dates"); or quarterly payments made on December 1, 2003; March 1, 2004; May 1, 2004; and September 1, 2004. 7.02. Subsequent Fiscal Year Payments. Once a subsequent Fiscal Year payment amount has been agreed to in writing by and between the Lead Permittee and the Co-Permittee, the Co- Permittee may, at its option, pay the entire agreed-upon amount in either a single lump sum payment due and payable on or before December 15 of that Fiscal Year; in twelve (12) equal monthly installments commencing on October 1 of that Fiscal Year, and thereafter on the 1st day of each subsequent month of that Fiscal Year (said payment dates being hereinafter referred to as the "Payment Due Dates"); or quarterly payments made on December 1, March 1, May 1, and September 1 of that Fiscal Year. 7.03. Additional CostS.. Since it is possible that following the parties' finalization of an agreed upon Fiscal Year payment amount, unexpected additional costs and expenses may arise which will need to be paid in order for the Lead Permittee to carry out its Lead Permittee Services for that Fiscal Year, and in order to address same, the parties agree as follows: (i) In order to ameliorate the possibility of unexpected additional costs and expenses resulting from the theft, loss, or destruction of equipment required for provision of the Lead Permittee Services, the parties agree that the Lead Permittee is authorized to include as a portion of the cost of providing its Lead Permittee Services, funding for the acquisition of loss, theft, and property damage insurance for said equipment. (ii) If the Lead Permittee determines that unexpected additional costs and expenses must be incurred in order for it to timely provide its Lead Permittee Services, then in that event, the Lead Permittee shall promptly notify the Co-Permittee, in writing, of the nature and estimated amount of the Co-Permittee's allocable share of these unexpected additional costs and expenses, as well as the Lead Permittee's intent to draw down funds from the Co-Permittee's Reserve Fund Contingency in order to pay said the Co-Permittee's allocable share of the unfunded and unexpected additional costs and expenses. 7 (iii) Further, if the Co-Permittee's allocable share of the unexpected additional costs and expenses exceeds the amount held in the Co-Permittee's Reserve Fund Contingency account, the Lead Permittee shall include in the aforementioned notice to the Co-Permittee said excess amount. The Lead Permittee and Co-Permittee shall then attempt to negotiate the paynlent procedure for said unfunded and unexpected additional costs and expenses. (iv) If the Lead Permittee and Co-Permittee are able to agree as to the need and amount of the unfunded and unexpected additional costs and expenses, said agreement shall be reduced to writing and executed with the same formalities of this Agreement. The agreed upon unfunded and unexpected additional costs and expenses shall be divided by the remaining months of that particular Fiscal Year and paid to the Lead Permittee at the same time as the remaining regular Fiscal Year payments pursuant to preceding Section 7.02. (v) If the Lead Permittee and Co-Permittee are unable to agree as to the need and/or amount of the unfunded and unexpected additional costs and expenses then in that event the Lead Permittee may suspend or terminate this Agreement, at its sole discretion, following the provision of thirty (30) days prior written notice to the Co-Permittee. 7.04. Failure to Pay. Unless otherwise agreed to in writing by and between the parties hereto, if a Fiscal Year payment or agreed upon unfunded and unexpected additional costs and expenses payment is not timely paid within thirty (30) days of a Payment Due Date, then in that event the duties and obligations assumed by the Lead Permittee under the terms of this Agreement may be suspended and/or terminated by the Lead Permittee, at its sole discretion, following the provision of thirty (30) days prior written notice to the Co-Permittee unless remedied by the Co- Permittee within said thirty (30) day notice time period. SECTION EIGHT OPTION TO TERMINATE 8.01. Termination. Either party to this Agreement shall have the right to terminate this Agreement, provided, however, that the party wishing to terminate the Agreement must provide thirty (30) days prior written notice to the other party of said terminating party's decision to terminate this Agreement and the termination shall not be effective until said thirty (30) days have elapsed. 8.02. Effect of Termination. In the event of termination of this Agreement by the Co- Permittee, the Co-Permittee shall be individually responsible, as of the effective date of termination, for all requirements of the NPDES Second Term Permit as designated therein as the individual responsibility of the Co-Permittee, and neither the Lead Permittee nor any other Co-Permittee shall be responsible for the terminating Co-Permittee's individual obligations. 8.03. Costs and Expenses. Irrespective of which party elects to terminate this Agreement under one of the optional termination provisions of this Agreement, or in the event ora failure to pay by the Co-Permittee to the Lead Permittee the mounts due under and pursuant to the terms of this Agreement, the parties agree that any costs and expenses previously incurred or obligated to be paid by the Lead Permittee as of the date of its issuance or receipt of a notice of termination shall still be due and owing and the right to collect said amount(s) shall survive the termination of ihis Agreement. 8.04. Refunds. The parties acknowledge that the Lead Permittee anticipates entering into annual agreements, on a Fiscal Year basis, with one or more consultants or contractors for the provision of certain services required in order for the Lead Permittee to provide its Lead Permittee Services on behalf of all Co-Permittees. In that the Co-Permittee's payments under this Agreement represent only a portion of what the Lead Permittee will have to pay its consultants and contractors for their services, it is unlikely that if this Agreement is terminated for any reason, that the Co- Permittee will be entitled to receive a refund from the Lead Permittee for any monies the Co- Permittee has previously paid pursuant to this Agreement. However, to the extent the Lead Permittee is able to obtain a reduction in its contractual obligations with its consultants or contractors as a result of the termination of this Agreement, then in that event, the Lead Permittee shall be obligated to reimburse the Co-Permittee for the amount of such a reduction in costs and expenses. 8.06. Documentation and Data. In the event this Agreement is cancelled or terminated, all documentation and data previously collected by the Lead Permittee in accordance with its duties and obligations as assumed herein, shall be made available to the Co-Permittee, provided, however, that said Co-Permittee shall be responsible for any costs incurred in making available such documentation. SECTION NINE ENFORCEMENT, VIOLATIONS, AND/OR DEFAULT 9.01. Enforcement. The designation of one of the parties under this Agreement as the Lead Permittee is not intended nor shall it be construed as authorizing, granting or permitting the Lead Permittee to accept or assume any powers of enforcement of the NPDES Second Term Permit as to the other party. 9.02. Violations. Neither party to this Agreement shall be deemed to have assumed any liability for any negligent or wrongful acts or omissions of the other party, and in no event shall any of the provisions of this Agreement be construed as a waiver by either party of the liability limits established in Section 768.28, Florida Statutes. 9.03. Costs and Attorney's Fees. In the event of any litigation or administrative proceeding to settle issues arising hereunder, the prevailing party shall be entitled to recover against the other party its costs and expenses, including reasonable attorney's fees, which shall include but not be limited to any fees and costs for any appeal that may be taken. SECTION TEN MISCELLANEOUS PROVISIONS 10.01. Notices. All notices, requests, consents and other communications require~t or permitted under this Agreement shall be in writing (including telex, facsimile, telegraphic, or electronic mall (e-mall) 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 by registered or certified mall (postage prepaid), remm receipt requested, to the following addresses: As to Lead Permittee: Caldwell & Pacetti, LLP 324 Royal Palm Way, Suite 300 Palm Beach, Florida 33480 Atto: Betsy S. Burden, Esq. Phone: (561) 655-0620 Fax: (561) 655-3775 As to the Co-Permit-tee: The City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33435 Atto: Kurt Bressner, City Manager Phone: (561) 742-6010 Fax: (561) 742-6011 10.02. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. 10.03. Construction. The preparation of this Agreemem is considered a joint effort of the parties and accordingly this Agreemem shall not be construed more severely against one of the parties than the other. 10.04. Discrimination. The Lead Permittee and the Co-Permittee agree that no person shall on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital stares or sexual orientation be excluded from the benefits of or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 10.05. 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. 10 10.06. Assignability. The responsibility for carrying out any task assumed by any party to this Agreement, but not the obligation to pay the amounts required to be paid as hereinabove set forth, may be assigned by any party to this Agreement upon receipt of written approval by the other party, which shall not be unreasonably withheld. 10.07. Severability. 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, unless the prohibited or invalid provision reduces the payment obligations of the Co-Permittee, in which event this Agreement may be thereupon terminated by the Lead Permittee. 10.08. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal 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. 10.09. Time of the Essence. Time is of the essence with respect to this Agreement. 10.10. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 10.11. 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 fights or 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. 10.12. NPDES Second Term Permit. If there is any inconsistency between the terms of this Agreement and the NPDES Second Term Permit, then the NPDES Second Term Permit shall preempt, supersede, and control over the provisions of this Agreement. 10.13. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 10.14. Clerk o_.___~f Court. A copy of this Agreement shall be filed by the Lead Permittee with the Clerk of Court in and for Palm Beach County, Florida once the same has been fully executed and delivered. 10.15. Effective Date. This Agreement shall be effective as of the last date that it is signed by all parties hereto. 11 10.16. Termination of Prior Agreements. All previous interlocal agreements or amendments thereto entered into between the parties to this Agreement regarding the application or execution of the NPDES Permit shall terminate as of the Effective Date of this Agreement. IN WITNESS WHEREOF, the parties have set their hand and seals the day and year hereinafter written. EXECUTED by Lead Permittee this day of ,2003. ATTEST: BOARD OF SUPERVISORS, NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT By: By: , Secretary (SEAL) Pamela M. Rauch, President EXECUTED by Co-Permittee this day of ,2003. ATTEST: By: (s E A L) By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: U :'~lc~B SB~lqOR~ts~.Smt. SecondTerm .Boy ntonBeac, h · w!~d 12 ATTACHMENT "A" TO NPDES INTERLOCAL AGREEMENT REGARDING SECOND TERM PERMIT LEAD PERMITTEE RESPONSIBILITIES The responsibilities of the Lead Permittee as to the implementation and execution of the NPDES Second Term Permit is generally as follows: (i) The timely preparation, coordination, and submittal to FDEP of the system-wide annual report. (ii) (iii) The preparation, coordination, and execution of interlocal agreements necessary to carry out the joint responsibilities of all permittees. The timely preparation, coordination and execution of any monitoring required by Part V.B. of the NPDES Second Term Permit. (iv) (v) The timely preparation, coordination, and submittal to FDEP of major watershed pollutant load estimates as required by Part V.A. of the NPDES Second Term Permit. The preparation, coordination, and distribution of standardized forms as approved by the NPDES Steering Committee as necessary to carry out the terms of the NPDES Second Term Permit. (vi) Coordination and assistance in carrying out the terms of the NPDES Second Term Permit. (vii) (viii) Conducting NPDES Steering Committee Workshops and meetings. The timely remittance of all necessary and reasonable permit fees, subject to the timely and adequate collection of same by all other responsible Co-Permittees. ATTACEMENT "B" RESOLICrlON OF TI-IH BOARD OF SUPERVISORS OF NORTH'EI~X[ PAL~I BEACH CO~Y ~RO~R~ DIST~ ~PRO~G ~ ~DES STEE~G C0~HTTEE ~~ST~T~ G~EL~S FOR COLLE~ION, ~L~YAG~~ ~ DISB~E~ ~ OF ~DES ~~0C~ AG~E~T ~S W'H~REAS, NORTI-{ERN PALM BEACH COUNTY rlVIPRO~~ DISTRICT ("Northern") is an independent special ~ct duly orgard.zed and validly e~sting under the Constitution and the Laws of the State of Florida, inc. luding applicable provisions of Chapter 298, Florida Statutes, and Chapter 59-994, Law~ of Florida, a~ amended and/or ~upplemented; and WI-{EREAS, the United States Enviro.mental Protection Agency has recently issued its lx[ation~l Pollutant Discharge El;ruination System Permit No. ELS000018 (the '%q'PDES Permk") which L~ appUcable to a number 0f goyemmentai entities located in Palm Beach County, including Northern~ and WI--EEREAS, the Co-Permittees who make upthe governmental bodies subject to the NPDES Permit have nominated and appointed Northern as the "Lead Permiuee" for the purposes of assisting all Co-Permktees in the collection of general dam required to be collected pm-mmnt to the NPDES Permit and submission of reports to the Florida Department of Environmental Protection and the United States Environmental Protection Agency; amd-. WI-IE~AS, as ~e Lead Permittee, Northern is entering into separate Intedocal or foint Participation Agreements with each of the Co-Pera'iittees which Agreements set forth the parties' respective duties and obligations regarding fulflllment of the terms and conditioms of the NTDES Permit; and ' W'H~REA. S; a five member NTDES Steering Committee has been selected by the Co- Permittees, which Steering Committee is comprised of two (2) representatives of large municipalitieS, two (2) representatives of smaller municipalities, one (1) representative of ~pecial dim:riots and one (1) representative for palm Beach County; and WI-~R. EAS, on September 17, 1997 the NTDES Steering Committee, in order to provide a level of accountability and f~cal control for the benefit of all NTDES Co-Permittees as it relates to the Interlocal and/or ~'oint Participador~ Agreement~ being entered into between Northern and each Co-Permktee, adopted Adznlni~vcrative Guidelines for the collection, management and disbursement of NTDES Interloc~l Agreement Fund~, · ~'ue and correct copy of which is attached hereto and identified as Exhibit "A" (the "NPDES Steering Committee Adminh-u-adve Ouide[ine.s"); and WHEREAS, Northern has been requested to adopt and comply with the aforem~n.tioned NPDES Steering Committee Administrative Guidelines for purposes of administering the funds to be paid to it pursuant to each NPDES Interlocal or Joint Participation A~eement. NOW, THEREFORE, be it resolved by the Board of Supervisors of Northern Palm Beach County Improvement District as follows: 1. Northern Palm Beach County Imprpvement District.does hereby adopt and agree to comply with the terms and conditions oft. he N'PDES Steering Committee Administrative Guidelines. 2. That Northern Palm Beach County Improvement District does hereby incorporate by reference the NPDES Steering Committee Administrative Guidelines into each N'PDES Interlocal and/or Joint Participation Agreement that it enters into with a Co-Permittee. 3. All resolutions or para of resolutions.in conflict herewith are hereby repealed. 4. This resolution shall take effect immediately upon it~ adoption. THIS RESOLUTION PASSED AND WAS ADOPTED THE 24th DAY OF SEPTEMBER, 1997. (DISTRICT SEAL) ATTEST: Peter L. Pimentel, Secretary NORTI-~ PALM BEACH COUNTY IMPROVEMENT DISTRICT BY: William L. Kersiake, President U:'4,10 R~OL UTRNI~D F-~. WPD 2 NPDES STEERING COMMITTEE ADM_INISTRATIVE GUIDELINES FOR COLLECTION, MANAGEM~ENT AND DISBURSEMENT OF NPDES INTERLOCAL AGKEEMENT FUNDS Tb.e NPDES Steering Commiuee: (wkich is comprised, of two (2) representatives of large municipalities, .two (2) representatives of Smaller municipalities, one (1) representative of special districts and one (1) representativ, e for Pairn Beach County), has adopted the following administrative guidelines in order to provide a level of accountability and fiscal control for the benefit of the NPDES Co-Perrnittees. The administrative guidelines adopted by the Steering Commit'tee are as follows: 1. Alternative NPDES [nterl-6Yal Agreement Pa_wnent Schedules. In addition to the two (2) payment options set forth in Paragraph's 7.01 and 7.02 of the N'PDES Interlocal Agreement, a Co-Permittee shall also be entitled to elect to pay the annual Fiscal Year payments on an equal quarterly installment basis. If this additional payment option is selected by a Co-Permittee, the quarterly payments for the First Fiscal Year are required to be paid on or before October 1, 1997, ]'anuary 1, 1998, April 1, 1998 and 3uly l, 1998, with all future Fiscal Year quarterly payments to be paid in accordance with the same quarterly payment schedule. NPBCID will be issuing one (1) invoice to each Co-Pennittee for its annual Fiscal Year payment ~nount, following which the Co-Permittee shall then have thirty (30) days from the date of receipt of the invoice within which to select one of the th. roe (3) payment options and to make its initial payment in accordance with the Olptidn so selected. 2. · Incerde and Disbursement ~,ccountin~ Documentation. (A) A quarterly income and disbursement report shall be prepared by NPBCID. The report shall be delivered to the Steering Committee within forty-five (45) days following the end of each Fiscal Year quaiXer and thereafter distributed by the Steering Committee to the representative(s) of each Co-Permittee as identified in the NPDES Interlocal Agreements. (B) The quarterly income and disbursement report shall be' prepared by N?BCID in accordance with the format set forth.in attached Exhibit "A". 3. Budget Accounting Documentation. (A) A quarterly budget accounting report shall be prepared by NTBCID. The report shall be delivered to the Steering Committee within forty-five (45) days fo[lowing the end of each Fiscal Year quarter and thereafter distributed by the Steering Committee to the representative(s) of each Co-Permittee as identified in the NPDES Interl0cal Agreements. - (B) The budget accounting report shall be prepared by NPBCID in accordag, ce. with the format set forth in attached Exhibit "B". 4. Reserve Fund Contingency Expenditures, Prior to any expenditure by NPBCID of funds contained in the Reserve Fund Contingency account identified in the N'PDES Interlocal Agreement, NPBCID shall be required to submit its request to the Steering Committee members and receive approval from a super-majoritY of at least 75% of the Steering Committee members. 5. lJrtexpected Additional Costs and Expenses~ Prior to NPBCID incurring an obligation that will require a Co-Permittee to pay unexpected additional costs and expenses exceeding the amount held in the Reserve Fund Contingency, N'PBCID shall be required to submit to the Steering Committee the nature of the event and the amount of the unexpected additional cost and expense. Upon receipt of such notification, the Steering-Committee shall present the matter to · the Co-Pemaittees at the next regularly scheduled Steering Committee NPDES meeting (unless it is an emergency matter in which eVent a sp%ial meeting will be promptly scheduled and notice given to all Co-Permittees) for consideration and vote by those representatives of the Co-Permittees present at the meeting. An affa-mative vote by a simple majority (i.e., over fifty percent) of those representatives of the Co-Permittees present at the meeting (with only one (1) representative ' of each Co-Permittee being entitled to vote on the matter at issue) will be required before NPBCID is authorized to incur the subject unexpected additional costs and expenses. 6. NPDES Interloca[ Agreement Budget Adoption Process, All future NPDES Interlocal Agreement Fiscal Year ·budgets shall be adopted in accordance with the following procedure: (A) On or before March~ 1st of each Fiscal Year, NPBCID shall prepare and present to the Steering Committee a pr6po~ed~ budg,et for the next Fiscal Year. "'(BY ' .The Steering Comrriittee shall consider the proposed next Fiscal Year budget at a regular Steering Committee meeting and open the matter to discussion by those Co-Permittee representatives present and attending the meeting. (C) Adoption of the next Fiscal Year's budget shall require the approval of a super-majority of at least 75% of the Steering Committee members. (D) As a part o.f the Steering Committee' s consideration of the next Fiscal Year' s budget and calculation of each Co-Pernuttee allocable share and responsibility for the funding of the budget, the Steering Committee may consider the application of any existing surplus funds as a Of credit towards each Co-Permttte s allocable funding share. "Surplus funds" for the purpose 2 this administrative 'guideline may include unexpended and unencumbered present Fiscal Year funds. or Reserve Fund Contingency amounts, plus accrued interest thereon, if any. (E) The Steering Committee stiall also be responsible for approving, by a simple majority of those Steering Committee members in attendance (provided'there is a quorum) at a Steering Committee meeting, line item budget transfers. APPROVED AND ADOPTED THIS 17TH DAY OF SEPTEMBER, 1997. U:\NORTH~KN~GM'r Sh'qPD ESkSTEEKIN G.PO t, 3 ..-1 0 ,C") -..4 Z V.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meetino. Dates [] April 1, 2003 [] April 15. 2003 [] May 6. 2003 [] May 20. 2003 Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Staff recommends that the City Commission approve Resolution No. __ authorizi~the. Boynton Beach Recreation and Parks Advisory Board to accept, review and forward to City Commission for ~proval by resolution, applications for the naming of City parks, facilities, buildings and open spaces. EXPLANATION: To assist the City Commission to consider proposals to name parks, recreation areas, buildings, open spaces and other public facilities owned by the City, a uniform methodology has been established throug':'~forma[, policy. According to policy, the Recreation and Park Advisory Board shall: 1.) Review the names or renames according to established criteria guidelines. 2.) Research, review and study the supporting documentation to applications, cD 3.) Forward recommendations to the City Commission for final determination. The City Commission would then approve by resolution or disapprove the name recommended by the Recreation and Park Advisory Board. PROGRAM IMPACT: Provide consistency in the facility naming process and help create a sense of individual identity, a sense of community and a sense of pride. FISCAL IMPACT: N/A ALTERNATIVES: The City Commission can choose not to approve the Resolution. Attachments: l.) Resolution No. 2.) Draft Administrative Policy ~/ Department Head's Signature City Manager's Signature Department Name S:\BULLETIN\FORMS~GENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources RESOLUTION NO. R 03 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE BOYNTON BEACH RECREATION AND PARKS ADVISORY BOARD TO ACCEPT NOMINATIONS, AND FORWARD A RECOMMENDATION TO THE CITY COMMISSION FOR THE NAMING OF CITY PARKS, FACILITIES, BUILDINGS AND OPEN SPACES; APPROVING GUIDELINES FOR THIS REVIEW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, no formal policy exists within the City for the naming of parks, recreation areas, buildings and open spaces and other public facilities owned by the City; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents to provide and create established criteria to bring about a sense of individual identity, as well as a sense of community, and consistency in the naming process; and WHEREAS, the City Commission does hereby authorize and approve Guidelines for the Boynton Beach Recreation and Parks Advisory Board to accept nominations, review and forward a recommendation to the City Commission for consideration of proposals to name parks, recreation areas, buildings, open spaces and other public facilities owned by the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1.. The foregoing recitals are hereby reaffirmed, and the City Commission does approve the Guidelines for the Boynton Beach Recreation and Parks Advisory Board to accept nominations, review and forward a recommendation to the City Commission for consideration of proposals to name parks, recreation areas, buildings, open spaces and other public facilities owned by the City S:\CALRESO\Legislative ActionsXname policy.doc Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) S:\CA~RESO~Legislative Action,sm policy.doc CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: SECTION: SUBJECT: Policy No. Page: PURPOSE: To establish a formal policy and uniform methodology that assists the City Commission to consider proposals to name parks, recreation areas, buildings, open spaces and other public facilities owned by the City. POLICY: The Boynton Beach Recreation and Parks Advisory Board shall be responsible for recommending to the City Commission the naming or renaming of all public parks and facilities in the City of Boynton Beach subject to the approval of the City Commission. A. A written nomination for the park/facility name shall be submitted along with justification to the Recreation and Park Advisory Board. The nomination shall include: 1. The proposed name; 2. Reasons for the proposed name; 3. Evidence of community support for the proposed name; 4. Petitions, if submitted, must state the intent and include printed names, signatures, addresses, zip codes and telephone numbers of each signer as proof of residency. 5. All of the above must be submitted to the Recreation and Parks Advisory Board for review. B. The Recreation and Park Advisory Board shall: 1. Review the names or renames in accordance with Section II of the guidelines; 2. Research, review and study the supporting documentation; 3. Forward recommendations to the City Commission for final determination. II. Potential names for parks, facilities, buildings and open spaces are to be presented by the Recreation and Park Advisory Board for review and recommendation to the City Commission. These potential names should help create a sense of individual identity, a sense of community and a sense of pride. A. Priorities for naming should meet one or more of the following criteria: 1. The geographic location of the facility. 2. Outstanding and/or predominant physical features of the land or facility. 3. Predominant plant materials. 4. Adjoining subdivision where parklands are adjacent to or lie within the subdivision. 5. An individual or group who contributed a minimum of 50% of land or monetary funding toward the acquisition and/or development of the individual park or facility. 6. A commonly recognized historical event, group or individual. 7. An individual who provided exceptional service in the interest of Parks and Recreation as a whole. 8. Outstanding community leaders that are deceased. 9. National and state historical leaders, heroes, both past and present. 10. Outstanding environmentalists and parks and recreation notables. 11. No park site shall be given the same name as an existing school site or public facility except where sites abut one another. B. The selection process may include, where deemed appropriate, a contest or competition, if it is felt that such an alternative would promote greater community-wide interest and participation. All contest/competition entries would be forwarded to the Recreation and Parks Advisory Board, and the same criteria for selection would be used as stated in Section II.A. of this policy. C. Parks and facilities that are donated to the City can be named by deed restriction by the donor. The naming and acceptance of land is subject to recommendation by the Recreation and Park Advisory Board and approval by the City Commission. D. Parks and facilities named after individuals should only be changed if it is found that the individual's personal character is or was such that the continued use of their name for a park or facility would not be in the best interest of the community. E. Sections of a park or facility, such as recreational buildings, swimming pools, sports fields, and play structures, etc., may be given a name which is different from that of the overall park or facility. The procedure for naming such a section shall be the same as for naming an entire park or facility. Iii. The nomination(s) of qualifying name(s) shall be introduced at a regularly scheduled Recreation and Park Advisory Board meeting. Citizen comments and recommendations must be submitted in writing to the Chairperson of the Parks and Recreation Advisory Board no later than thirty (30) days after the meeting at which the nominations are introduced. A. At least 30 days following the meeting at which the nominations are introduced, the Parks and Recreation Advisory Board shall meet at a regularly scheduled meeting to consider the nominations. Once the Advisory Board has made a decision by a simple majority of the members present, the Advisory Board's Chairperson or his/her authorized designee will present the written recommendation, complete with application and background materials, to the City Commission for review and approval. B. The City Commission shall approve by resolution the name recommended by the Recreation and Park Advisory Board. 1. If the City Commission does not approve the recommendation, then the matter may be referred back to the Advisory Board for further action. C. Upon the approval by the Commission, the approved name will be the official name and placed on all necessary documents. The City Of Boynton Beach will install all official plaques associated with the park, facility, building or open space. Effective Date: Kurt Bressner City Manager V.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOtcvl Requested City Commission Meetin~ Dates X April I, 2003 [] April 15, 2003 [] May 6, 2003 [] May20,2003 Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to Cit3' Clerk's Office Meeting, Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July I, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation x Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve by Resolution, a 4.5% hourly rate increase for, Camp, Dresser, McKee, Inc., CH2M Hill, Hartman & Associates, Inc. and Metcalf & Eddy as allowed in the Agreement for General Engineering Consulting Services executed October 4, 2000. EXPLANATION: The Utilities Department utilizes the services of four (4) engineering firms via General Engineering Consulting Services Agreements that were a result of the Consultants' Competitive Negotiation Act process as stipulated in Florida Statute 287.055. These agreements were executed in October 2000. In the agreement there is a clause that allows adjustments to rates annually based on requests from the Consultants and approval by the City. Since October of 2000 there has never been an adjustment in any of the consultant's rates. The Utilities Department has had requests from two of the firms for rate adjustments. Staff issued a letter to all four consultants offering a 4.5% rate adjustment and all four firms have submitted new rate schedules with a 4.5% rate adjustment. Stafflooked at the U.S. Department of Labor, Bureau of Labor Statistics 4th Quarter Data for professional, specialty and technical occupations. That report showed that a 6.96% increase would be justified. PROGRAM IMPACT: The four (4) engineering firms provide professional, specialized and highly technical consulting services for the Utilities Department including expansion issues, resource acquisition, renewal and replacement, rate analysis, neighborhood improvements in utility services, along with many other issues. Their services are an integral part of the Utilities Department operation and each one provides value to the growth of the utility. S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: New task orders that will be developed and brought forward for approval will reflect the new rate schedule and costs for engineering services will increase by 4.5%. Current task orders will not reflect the new rate. Funds are available according to the task order and project involved. ALTERNATIVES: Requests for the rate adjustment could be denied. Department Head's~ignature Utilities Department Task Orders may become more difficult to negotiate. Ci~~ager s Signature City Attorney / Finance / Human Resources cc: Bill Atkins WRLT S:~BULLETiNkFORMSX, AGENDA Iq'EM REQUEST FORM.DOC RESOLUTION NO. R 03 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A 4.5% HOURLY RATE INCREASE FOR CAMP, DRESSSER, MCKEE, INC., CH2M HILL, HARTMAN & ASSOCIATES, INC,. AND METCALF & EDDY PURSUANT TO THE AGREEMENT FOR GENERAL ENGINEERING CONSULTING SERVICES EXECUTED ON OCTOBER 4, 2000; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, the Utilities Department utilizes the services of four (4) engineering rirms via General Engineering consulting Services Agreements that were a result of Competitive Contract Negotiation Act process as stipulated in Florida Statute 286.055; and WItEREAS, these agreements, which were executed in October, 2000, contain a clause that allows adjustments to rates annually based on requests from the Consultants, with approval by the City Commission; and WHEREAS, staff reviewed the U.S. Department of Labor, Bureau of Labor Statistics 4th Quarter Data for professional, specialty and technical occupations, which showed that a 6/9% increase would be justified; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City commission of the City of Boynton Beach does hereby approve the 4.5% hourly rate increase for Camp, Dresser, McKee, Inc., CH2M Hill, Hartman & Associates, Inc., and Metcalf & Eddy. Section 3. That this Resolution shall become effective immediately upon passage. S:\CAXRESO\Legislative ActionsLatpprove Percentage Increase - GECS.doc PASSED AND ADOPTED this ~ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) S:\CA~RESO\Legislative Actions~Approve Percentage Increase - GECS.doc Metcalf & Eddy February 28, 2003 3740 Executive Way Miramar, Florida 33025 leh 954-450-7770 Fax: 954-450-5 ! 00 www. m-e.com Ms. Barbara Conboy, Manager Utilities Administration City of Boynton Beach 124 East Woolbright Road Boynton Beach, F1 33435 Re~ Hourly Rate Schedule Adjustment General Engineering Consulting Services Agreement Dear Ms. Conboy: As requested, attached please find our hourly labor rate schedule adjusted to reflect a 45% increase per labor classification. Please contact me with any questions or comments at 954-450-5187. Sincerely, METCALF & EDDY, INC. Mar~ Vice President Attachment: Proposed Rates CC: Jay Ameno - M&E Jim Penkosky - M&E p:\eng\boynton beach\bc030228.doc CH2MHILL February 26, 2003 MAR - 3 20O3 CI.12M HILL Hillsboro Executive Center North 800 Fairway Drive Suite 350 Deerfietd Beach, FL 33441-1831 Tel 954.426.4008 Fax 954.698.6010 Ms. Barbara Conboy City of Boynton Beach Utilities Administration 124 East Woolbright Road Boynton Beach, FL 33435 Subject: Proposed adjustment to hourly labor rates Dear Barbara: In accordance with the Agreement for General Engineering Consulting Services that was approved by the City Commission of Boynton Beach on October 4, 2000, and your letter of February 24, 2003, CH2M HILL hereby requests to have our hourly consulting rates increased by the proposed 4.5%. Attached with this letter, please find our current and proposed hourly billing rates for the various labor classifications. I have taken the liberty to round the rates to the nearest $0.50 to simplify accounting. The aggregate increase remains at 4.5%. Thank you for considering the impacts of inflation on our salary costs and proactively addressing this issue. If I can be of further assistance to support this request, please call me at (561) 737-6665. Sincerely, CH2M HILL Rick Olson, P.E. Client Service Manager DFB31003696644.doc / 030570014 c: Tom McCormick ()FF1CERS: Get-aid C Hartman. PE , DEE Harold E Schmidt. Jr. RE. DEE James E. Christopher PE. Charles ~¢~ [)rake. PG Mark A. R5 nning, PE.. M Michael B. Bomar. PE William D Musser. PE l.a~rcnce E Jenkins. PS M SENIOR ASSOCL~,TES: Marco H Rocca, CMC. Roderick K Cashe. RE HARTMAN & ASSOCIATES, INC. engineers, hydrogeologists, surveyors & management consultants HAI #00-197.03 Tr~l5' E. Layton, PE Andrew T. ~q)odcock. P E . M B A John P lbomc~,, PE k todd Shaw PE Jill A Hudklns. PE Ms. Barbara Conboy, Manager Utilities Administration Office of the Utilities Director City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 Subject: Hourly Rate Adjustment Acknowledgement Dear Ms. Conboy: This letter will serve as our receipt and acknowledgment of your letter dated February 24, 2003, approving the 4.5% increase in hourly rates. Please find our hourly rate schedule attached which reflects the old and new hourly rates. We look forward to continuing to provide services to the City of Boynton Beach. Please do not hesitate to contact me, should you have any questions. Very truly yours, Hartman & Associa_t ,~. President Attachment GCH/jlc/00-197.03/corresp/conboy2.gch.doc cc: Mr. George Flint, P.E., HAI 201 EAST PINE STREET · SUITE 10OO · ORLANDO, FL32801 TELEPHONE (407) 839-3955 ° FAX (407) 839-3790 · www. consulthai.com ORLANDO FORT ,MYERS PLANTATION JACKSONVILLE DESTIN MAR-]2-O~ 12:24PM FROM.- T-318 P.002/003 F-052 1601BelvedereRoad,$uite211Sou~ West Palm Beach, Flodda tel; 561 6~9-333~ March 12, 2003 Ms. Barbara Conboy Utilities Department City of Boynton Beach 124 E. Woolbright Road Boy'nton Beach, Florida 33435 Subject: Updated Billing Rates Dear Ms. Cortboy: Enclosed herewith is CDM's updated billing rate schedule for our Agreement for Engineering Services per your request. The enclosed billing rate schedule reflects a 4.5% increase, rounded to the nearest dollar. Please contact me if you have any questions. Very truly you_rs, David F. Ftoltz, P.E., DEE Assodate Camp Dresser & McKee Inc. DFFI/bes Encl.osures File: 0000-DFH~B-MS.DFHBB consulting · engineering Bureau of Labor Statistics Data Page 1 of 1 U.S. Department of Labor Bureau of Labor Statistics Bureau of Labor Stat/st/cs Data www. bls. gov ~j Search I A-Z Index BLS Home I Programs ~ Surveys I Get Detailed Statistics I G~ossarv I What's New I Find It! In DOL Data extracted on: March 12, 2003 (12:14 PM) Employment Cost Index Series Catalog: Series ID: ecull122i Not Seasonally Adjusted Compensation: Total compensation Ownership: Private industry Periodicity: Index number Group: Professional, specialty, and technical occupations Data: I Yearll Qtrl II Qtr2 II Qtr3 IIQtr4 120001l~4e.4 II,so.7 Ills2.2 II~s3.71 120011l~s6.3 Ills7.s Ills9.2 11160.3t [~-0--~[ 161.5 ][162.5 [[163.6 ]]164.4] r~lNo data available for this year4 (~) Back to Top www.dol.gov FrecLuently__A_.sked_O~estions I Freedom of [nformation Act I Custome? Survey Privac~L&.Security_Statement I Linking to Our Site I Accessibilitylnformation U.S. Bureau of Labor Statistics Phone: (202) 691-5200 Postal Square Building Fax-on-demand: (202} 691-6325 2 Massachusetts Ave., NE Data questions: blsdata_staff@bls.gov Washington, DC 20212-0001 Technical (web) questions: webmaster~bls.gov Other comments: feedback~bls.gov http://data.bls.gov/cgi-bin/srgate 3/12/20O3 The City of Boynton Beach. OFFICE OF THE UT1ZITIES DIRECTOR 124 E. Woolbright Road Boynton Beach, Florida 33435 Office: (561} 742-5451 FAX: (551) 742-5298 Website:www. ci. boynton-beach.fl, us February 24, 2003 Hartman & Associates, Inc. 201 East Pine Street, Suite 1000 Odando, FL 32801 Attn: Mr. Gerald C. Hartman, P.E. Dear Mr. Hartman: In accordance with the Agreement for General Engineering Consulting Services that was approved by our City Commission on October 4, 2000, we have had two consultants officially request houdy rate adjustments. At this time City staff is offedng to take forward for City Commission consideration, all four (4) Consultant agreements and a recommended 4.5% increase in houdy rate. If in agreement, please forward your updated hourly rate schedule so that we may incorporate the new rate schedule into our proposal for City Commission approval by Resolution. We expect return communication no later than March 10, 2003. If we do not hear from you by March 10, 2003, we will assume that no rate change is requested. Sincerely, Manager Utilities Administration CC: Dale Sugerman Bob Kenyon Mark Law Pete Mazzella Paul Fleming Mark Bobich America's Gateway to the Gulfstream The Ci o Bo nton Beach OFFICE OF THE UTIL]TIES DIRECTOR 124 E. Woolbright Road Boynton Beach, Florida 33435 Office: {561) 742-6451 FAX: {561) 742-6298 Website:um]u~. ci. boynton-beach.~, us February 24, 2003 Camp Dresser & McKee Inc. 1601 Belvedere Road, Suite 211, S West Palm Beach, FL 33406 Attn: David Holtz, Principal Dear Mr. Holtz: In accordance with the Agreement for General Engineering Consulting Services that was approved by our City Commission on October 4, 2000, you have officially requested houdy rate adjustments. At this time City staff is offedng to take forward for City Commission consideration, all four (4) Consultant agreements and a recommended 4.5% increase in houdy rate. If in agreement, please forward your updated houdy rate schedule so that we may incorporate the new rate schedule into our proposal for City Commission approval by Resolution. We expect return communication no later than March 10, 2003. If we do not hear from you by March 10, 2003, we will assume that no rate change is requested. Sincerely, ioy~_~NTON BEACH Manager Utilities Administration CC: Dale Sugerman Bob Kenyon Mark Law Pete Mazzella Paul Fleming Mark Bobich America's Gateway to the Gulfstream The Ci o Bo nton Beach OFFICE OF THE UTILITIES DIRECTOR 124 E. Woolbright Road Boynton Beach, Florida 33435 Office: (551) 742-6451 FAX: (561} 742-6298 Website:www. cl. boynton-beach-fl, us February 24, 2003 Metcalf & Eddy, Inc. 3740 Executive Way Miramar, FL 33025 Attn: Mark Blanchard, Vice President Dear Mr. Blanchard: In accordance with the Agreement for General Engineering Consulting Services that was approved by our City Commission on October 4, 2000, you have officially requested hourly rate adjustments. At this time City staff is offedng to take forward for City Commission consideration, all four (4) Consultant agreements and a recommended 4.5% increase in hourly rate. If in agreement, please forward your updated houdy rate schedule so that we may incorporate the new rate schedule into our proposal for City Commission approval by Resolution. We expect return communication no later than March 10, 2003. If we do not hear from you by March 10, 2003, we will assume that no rate change is requested. Sincerely, CITY OF BOYNTON BEACH Barbara ConboY~~ Manager Utilities Administration CC: Dale Sugerman Bob Kenyon Mark Law Pete Mazzella Paul Fleming Mark Bobich America's Gateway to the Gulfstream The Ci o Bo ntonBeach OFFICE OF THE UTiLITIES DIRECTOR 124 E. Woolbright Road Boynton Beach, Florida 33435 Office: (561) 742-6451 FAX: (561) 742-6298 Website:www. ci. boynton-beach.fl, us February 24, 2003 CH2M Hill 800 Fairway Ddve, Suite 350 Deerfield Beach, FL 33441 Attn: Tom McCormick, Vice President Dear Mr. McCormick: In accordance with the Agreement for General Engineering Consulting Services that was approved by our City Commission on October 4, 2000, we have had two consultants officially request houdy rate adjustments. At this time City staff is offedng to take forward for City Commission consideration, all four (4) Consultant agreements and a recommended 4.5% increase in houdy rate. If in agreement, please forward your updated houdy rate schedule so that we may incorporate the new rate schedule into our proposal for City Commission approval by Resolution. We expect retum communication no later than March 10, 2003. If we do not hear from you by March 10, 2003, we will assume that no rate change is requested. Sincerely, CITY OF BOYNTON BEACH Barbara Conboy Manager Utilities Administration CC: Dale Sugerman Bob Kenyon Mark Law Pete Mazzella Paul Fleming Mark Bobich America's Gateway to the Gulfstream V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.6 AGENDA ITEM REQUEST FOtx v, Requested City Commission Meeting Dates [] December 3, 2002 [] December 17, 2002 [] January 7, 2003 [] January 21, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office November 18, 2002 (Noon) December 2, 2002 (Noon) December 16, 2002 (Noon) January 6, 2003 (Noon.) Requested City Commission Meeting Dates [] February 4, 2003 [] February 18,2003 [] March 4, 2003 ,. nO03 ~.~ [] Administrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code Compliance/Legal Settlements Date Final Form Must be Turned in to City Clerk's Office January 21, 2003 (Noon) February 3, 2003 (Noon) February 18, 2003 (Noon) March 3, 2003 (Noon)(~.~ [] New Business . ,[-1 Presentation [] Public Hearing [] Unfinished Business RECOMMENDATION: Motion to approve the Neighborhood Assistance Program and Eligibility Requirements as administered by the city's Neighborhood Services Division of the City Manager's office. EXPLANATION: In order to establish goals and allowable uses of the Neighborhood Assistance Program it is important to delineate what are allowable uses and maximum matching funds that are available for neighborhoods who participate in the program. The city established the program in the year 2000 to provide grants to qualified organizations to complete specified projects which demonstrate a public purpose, and that should be visible to the general public from a public right-of-way. Attached in Exhibit "A" are the proposed modified guidelines (new language in bold type) which are intended to be more specific and allow more efficient distribution of grant funds. PROGRAM IMPACT: There are over 100 Homeowners and Neighborhood Associations. Over the past two years the city has awarded over twenty-five grants with an average of $2,000 each. These grant awards were matched with funds by the participating associations. The funds are primarily used for entrance landscaping and neighborhood signs. FISCAL IMPACT: This year's program is funded at $44,058. There has been an increase of $5,000 per year over the past three years due to the popularity of the program. Department Head s Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S2BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 03 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE CITY OF BOYNTON BEACH NEIGHBORHOOD ASSISTANCE PROGRAM AND ELIGIBILITY REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there was included in the City of Boynton Beach Budget for Fiscal Year 2002-03 the sum of $44,058, allocated for the Neighborhood Assistance Program, as administered by the City's Neighborhood Services Division of the City Manager's Office, to provide grants to qualified organizations to complete specified projects that demonstrate a public purpose, and are visible to the general public from a public right-of-way; and WHEREAS, in order to establish goals and allowable uses of the Neighborhood Assistance Program, it is important to delineate what those uses axe, as well as maximum matching funds that axe available for neighborhoods who participate in this program; and WHEREAS, the City Commission herby approves the Neighborhood Assistance Program and Eligibility Requirements as set forth herein as composite Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City commission of the City of Boynton Beach does hereby approve the Neighborhood Assistance Program Application and Eligibility Requirements as set forth herein as composite Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. S:\CAXRESO~Legi$1ative Actions~Approv¢ NAP and Eligibility RequirementO30703.doc PASSED AND ADOPTED this ~ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) S:\CALRESO\Legislative ActionskApprove NAP and Eligibility RequirementO30703.doc EXHIBIT A Neighborhood Assistance Program Application Nei.qhborhood Assistance Program and Eligibility Requirement: The City of Boynton Beach Neighborhood Assistance Program (NAP) supports neighborhood/Home Owner's Associations and their work on significant issues and concerns. Partnerships with local businesses, religious institutions, social service agencies and other community resources allow the neighborhood access to a wider range of goods, services and financial resources. NAP gives neighborhood access to City grant funds in order to improve the quality of life in the City's neighborhoods. The City of Boynton Beach has established the Neighborhood Assistance Program to provide grants to qualified organizations to complete specified projects. The project must demonstrate a public purpose and should be visible to the general public from the public right-of-way. All grant monies and/or materials, under this program, shall be expended solely for the construction and completion of the specified project and the City has absolute sole discretion in selecting projects appropriate for the Neighborhood Assistance Program. · Grants are given for improvements for landscaping, exterior fencing, and exterior painting of structures. NAP is not used for infrastructure or structural improvements. The program is conditioned upon satisfactory completion of the project as well as contribution of a "Matching Grant" from the Grantee as further defined herein. The maximum matching grant award to an applicant is $5,000 per year. Consideration of any matching grant amount above $4,000 will be based upon demonstration of a critical need involving life, health or safety. City of Boynton Beach Neighborhood Assistance Program Application Grantee hereby agrees to provide a matching grant in the amount of $5,000 per year and/or in "Sweat Equity." Volunteer work counts as $10 per hour or materials. · Only one grant will be awarded per neighborhood. · The Neighborhood/HOA will assume maintenance responsibilities. · The City will not provide maintenance on improvements performed on private property. The Neighborhood/HOA Grantee shall adhere to the maintenance plan. If the project is not maintained per this agreement, the City will send written notice of default to the Neighborhood/HOA Grantee. The City may correct said default and bill the Neighborhood/HOA Grantee for materials and services performed. The Neighborhood/HOA Grantee acknowledges and agrees that it shall be liable for all costs for material and services incurred by the City in correcting said default. Part A: General Information Name of Neighborhood/Homeowner's Association: Number of residents represented: Are you an incorporated association? I-lYes I-INo If so, provide a copy of your incorporation 501(c)(3) form. Project Contact Person: Address: Day Phone Evening Phone City of Boynton Beach Neighborhood Assistance Program Application 2 Part B: Project Information. Please identify exact location within your neighborhood (attach map): Explain project purpose: What specific concerns will this project address? What benefits will the neighborhood and/or the City realize from this project? Part C: Project Support Does your Association fully support this project? E]Yes E]No Please attach the minutes of your association's meeting that shows the vote for this project. Please provide letter(s) of support from affected private or public property owners. These should include letter(s) indicating willingness to sign an Easement Deed upon approval of the project or letter(s) from property owner(s) who will consent to improvement and who will provide maintenance of improvement. F'lRequired and provided r-lNot Required r-lRequired, but not provided. Explain: City of Boynton Beach Neighborhood Assistance Program Application Date Prepared: By (Signature): Part D: Project Funding Provide an itemized estimate of the project funding. Attach a separate sheet, if necessary. Item Description Unit Cost Qty Total Cost Amount of City funding requested: $ Amount of matching funds supplied by the Assoc. $ Total Project Cost $ What is the composition of the Association's matching funds? Cash $ "Sweat Equity" Volunteer work counts as $10 per hr. $ Materials $ Sales Tax (if applicable) $ Other $ TOTAL ..................................... $ On a separate sheet, please provide a current statement of your Association's total assets. City of Boynton Beach Neighborhood Assistance Program Application Part E: Project Maintenance Maintenance responsibilities will be assumed by the neighborhood. Please provide a list of volunteers who agree to provide maintenance. How will this be provided? How can it be guaranteed? Part F: Attachments Please list the Attachments to this Application. Information to be provided by the City. What is the estimated annual maintenance cost to the City? City of Boynton Beach Neighborhood Assistance Program Application The Neighborhood Partnership Program is administered by the Neighborhood Project Specialist. A selection committee consisting of representatives from appropriate City departments reviews and evaluates all applications for recommendation to the City Commission. If you have any questions, please contact Dan DeCarlo, Neighborhood Project Specialist, City of Boynton Beach, 100 East Boynton Beach Blvd., @oynton Beach, FL 33435. Phone 561/742-6028. City of Boynton Beach Neighborhood Assistance Program Application 6 NAP ELIGIBILIT~ P, SQUI{S 2003 Neighborhood Assistance Program Application Nei.qhborhood Assistance Pro.qram and Eli;ibilit¥ Requirement: The City of Boynton Beach Neighborhood Assistance Program (NAP) supports neighborhood/Home Owner's Associations and their work on significant issues and concerns. Partnerships with local businesses, religious institutions, social service agencies and other community resources allow the neighborhood access to a wider range of goods, services and financial resources. NAP gives neighborhood access to City grant funds in order to improve the quality of life in the City's neighborhoods. The City of Boynton Beach has established Neighborhood Assistance Program to provide grants to qualified organizations to complete specified projects, which program and projects constitute a public purpose and to demonstrate public purpose project should be easily visible from public right-of-way to the general public; and all grant monies and/or materials, under this program, shall be expended solely for the construction and completion of the specified project and the City has absolute sole discretion in selecting projects appropriate for the Neighborhood Assistance rogram; and the program is conditioned upon satisfactory completion Pof the project as well as contribution of a "Matching Grant" from the Grantee as further defined herein. Program match grant in the um of $5 000 er year Grantee herby agrees to provide a matching totals , P ' . ,, · ,, er grant in the amount of $5,000 per year and/or in Sweat Equity Volunte work counts as $10 per hour or material. Only one grant will be awarded per neighborhood. The NeighborhoodlHOA will assume maintenance responsibilities. The City will not provide maintenance from improvements performed on property unless City agrees. Neighborhood/HOA Grantee shall adhere to the maintenance plan. If the project is not maintained per this agreement, City will send written notice of default to NeighborhoodlHOA Grantee. City may cure said default and bill NeighborhoodlHOA Grantee for materials and services performed. Neighborhood/HOA Grantee acknowledges and agrees that it shall be liable for all costs for material and services incurred City of Boynton Beach Neighborhood Assistance Program Application oi o{ o~ ol ol ' oio 0 '0 0 0 ..~ 0 Z V.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEA£ 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 [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code Compliance/Legal Settlements RECOMMENDATION: Approval of contract renewal with Gallagher Bassett Services, Inc. for period October 1,-2.002~ ~rn through September 30, 2003 in the amount of $22, 291. This is a renewal of contract originally approved under Re~"01uti~ R00-152, November 8, 2000. :~- [] Legal [] New Business [] Presentation [] Public Hearing [] Unfinished Business EXPLANATION: This contract is for the provision of insurance claims adjustment services for third party general and auto liability claims, and first and third party property damage claims. PROGRAM IMPACT: These are ongoing services provided to the Risk Management Department for independent adjustment services for claims brought against the City's self-insurance property and casualty insurance program. FISCAL IMPACT: These services have been authorized in the FY 2002-2003 Risk Management Department Budget in account number 522- 1710-519-31.90. This contract is based upon the same pricing as FY 2000-2001. The original invoice for this contract was for $39,841, however a credit from previous year of $17,550 reduces this contract to $22,291. ALTERNATIVES: Seek propos, ~¢t2ment Head's Signature RISK MANAGEMENT Department Name other companies with no experience handling this C~~anticipated higher rates. City Manager'} Signature ~"Attorn~Human Resources RM/Gallagher Bassett Comm Renewal 2002.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE CONTRACT RENEWAL WITH GAIJ.AGHER BASSETT SERVICES, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GALt~AGHER BASSETT SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On November 8, 2000, the City Commission approved the contract renewal with Gallagher Bassett Services, Inc., which provides ongoing services to the City's Risk Management Department, with independent adjustment services for third party general, auto liability claims and third party property damage claims; and WHEREAS, the original contract was for $39,841 however, due to a credit from the previous year, the contract has been reduced to $22,291. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct execution of the Renewal Contract with Gallagher Bassett Services, Inc., a copy of which Agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of April 2003. S:\CA\RESO~a, greements\Renewal Gallagher Bassett.doc CITY OF BOYNTON BEACH, FLOR[DA Mayor Vice Mayor Commissioner ATTEST: City Clerk Commissioner Commissioner C ~-~o I~g~-m~t...VG ,flla~g~' B~att S:\CA\RESO~,greements\Renewat Gallagher Bassett.doc ADDENDUM ~ TO AGREEMENT FOR SERVICES BETWEEN CITY OF BOYNTON BEACH AND GALLAGHER BASSETT SERVICES, INC. ORIGINAL PERIOD OF AGREEMENT: 10/1100 - 10/1/01 DATE OF CHANGE: 10/1/02 It is hereby noted and agreed that for the period from 10/1/02 to 10/1103, Schedule V of this Agreement is amended to read as per the attached revised Schedule V. All other terms and conditions remain unchanged. DATED THIS DAY OF , 2002. CITY OF BOYNTON BEACH Title: GALLAGHER BASSETT SERVICES, INC. By: ROBERT MASON, CHIEF FINANCIAL OFFICER ~endum~00015608 ~lient: City of Boy,ton Beach Service Period: From 10/1/02 to 1 O/1/03 SCHEDULE V SERVICES ANp FEES GB Client #: 001470 SERVICES PROVIDED: A. Claims Adminlsfl-atlon Auto Uability - Bodily Injury (AB) Auto Uability - Property Damage (AD) Auto Phy~ic~ Oamage (APO) General Lia~ity - Bo~ly Injury (Ga) General Uability - Property Damage (GD) Pmfesskmal Liability Workers' Cornpen~a'~on (WC) Indemnity Assumption B. Information RISX-FACS~ Standard Package Non-$1andard Reports risxfacs.com Terminals & Prirttars Data Transfer X X X X X X SERVICES PROVIDED: C. ~ Furtdin~ SIMMS Voucher Client Owned Banking D. Su~ismenta~ Lo~s Noliee Program Rpt. Level $ Topical Captioned Rpts RpL Level Meetings Inde~ Bureau Coo~inalioe Cc~ng Correspondence Closing Record O~ly Processing Risk Insl~ctions GB/GCR Mgd. Care (Paid O~ File) Risk Control Consulting Loss Control - ~ Hours Risx-Cortlrol Consulting. ~ Hours TOTAL X X X X X X X 39,841 ADDITIONAL SERVICE iERMS AND CONDITIONS: Client will be billed against the initial claim handling deposit of $13,431 at the following per claim rates: Auto/General Liabil/ty Bodily Injury ~ $683 per claim Auto/General Liability Property Damage ~ $349 per claim Property ~ $561 per claim BILLING AND PAYMENT TERMS: Fee is payable in 1 annual installment beginning 10/1/02. Fees are payable upon receipt of invoice. GB reserves the right to charge 1% per month, or the maximum legal rate, on balances unpaid after 30 days. 0b"~ql~oyn~ 8each, City of - 001470.doc BIlL TO: Gnllnl~er Bassett Services, Inc. Tax LD. C0014701~0 CITY OF BOYN'TON BEACH 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 3342S-0~10 CI.TENT: 10COW'Ta.~CT NO. o 147000 i 03 10/t~002-g/30/'2003 C001470000 CITY OF BOYNTON BEACH AT'I'N: CHUCK MAGAZINE Contract Period: 10/1/2002-10/1/'2003 .... , ........ ~. ,:~ESCRIP;.~Or,. ,:~ .J ~ ..... , = ...... - ............. ~ ................................ $9,841.00 For any questions re~arding your TOTAL DUE [ 39,841.0! account or this invoic~ please contnct: NANCY COUN'f~YMA~ 954/846-1331 GALLAG[-[ER BA~SETT SEKVICES, I~IC- 1551 SAWGRASS CORP. P~WAY SU[TE 220 SUNKISE~ ~L ~.~2~ Please Remit To: GALL~GHER BASSETT SERV1CE~ INC. A~t~NG DEP~~ 5~ FLR IT~CA, IL ~143-3141 Direr ]~icctronic Payments To: BANK OF AMERICA, C[-HCAGO, IL ACCO~ NO. 8l~101O~ ABANO. ~I0 0~ 39 O~TO~ C[~ OF BORON B~CI[ PA~' D~A~: ~0~6933 RESOLUTION NO. R 00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID TO GALLAGHER BASSET SERVICES, INC. TO PERFORM ADJUSTMENT SERVICES FOR LIABILITY AND PROPERTY CLAIMS, IN TIKE AMOUNT OF $46,246; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND PROVIDING AN -EFFECTIVE DATE. Wlt'lr~REAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to piggyback off the Contract for Services between City of Riviera Beach and Gallagher Bassett Services, Inc., effective 10/01/2000 through 10/01/2001 to perform adjustment services for liability and property claims, in the amount of $445,246. NOW, THEREFORE, BE IT RESOLVED BY Tme~ 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 piggyback off Contract for Services between City of Riviera Beach and Gallagher Bassett Services, Inc. effective 10/01/2000 through 10/01/2001, and authorizing the Mayor and City Clerk to execute a Contract between the parties, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS ATTEST: (Con,0~te s~t~ ~W ~ ~ day of November, 2000. Vice Mayor Commissioner Commissioner GALLAGHER BASSETT SERVICES~ INC. CONTRACT FOR SERVICES PARTIES City of Boynton Beach (hereinafter ~CLIENT") hereby retains Gailagher Bassett Services, Inc. (hereinafter "GB") to perform the services listed on Schedule V. TERM This contract shall be in effect from 10/1/00 to 10/1/01 and shall remain in full force and effect unless amended or terminated. If CLIENT elects to continue this Agreement beyond 10/1/01, GB will renew the contract by Addendum on an annual basis. ATTACHMENTS Attached hereto and made a part hereof are the following schedules: II. III. IV. V. OBLIGATIONS OF THE PARTIES BANKING TERMS AND CONDITIONS DEFINITIONS SERVICES AND FEES CITY OF BOYNTON BEACH By: __ By: Date: /[~V~..,4~ /~ ol~, ADDRESS: P.O. BOX 310 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 GALLAGHER BASSE'rI' SERVICES, INC. Date: ADDRESS: ROBERT MASON CHIEF FINANCIAL OFFICER /,, Two Pierce Place Itasce, IL 60143-3141 0~l~ynton Beach, City of- 001470.doc -2- SCHEDULEI OBLIGATIONS OF THE PARTIES Obligations of GB GB agrees to perform the following services: 1. With regard to Claims Administration, GB shall: Review each claim and loss report submitted by the CLIENT during the term of this contract. Conduct an investigation of each qualified claim or loss to the extent deemed necessary by GB. Maintain a file for each qualified claim or loss which shall be available for review by the CLIENT. do Adjust, settle or resist all qualified claims or losses: 1 ) within the stated discretionary settlement authority limit; 2) with specific approval of the CLIENT, if outside the stated authority limit. Perform necessary and customary administrative and clerical work in conneqtion with each qualified claim or loss, including the preparation of checks or vouchers, releases, agreements and other documents needed to finalize a claim. f. Establish and update claim reserves as needed. Assist the CLIENT in establishing a banking arrangement for loss and expense payments as set forth in Schedule I1. ho Notify CLIENT, CLIENT's agent or carriers, as designated by the CLIENT, of all qualified claims or losses which may exceed the CLIENT's retention and, if requested, provide information on the status of those claims or losses. Coordinate investigations on litigated claims with attorneys representing the CLIENT and with representatives of the excess carrier, as required. It is expressly understood that all legal costs and loss payments will be charged to the CLIENT. Have GB's internal Product Support staff review large and unusual claims at no additional cost to the CLIENT, unless specified in Schedule V. Investigate and pursue subrogation possibilities on behalf of the CLIENT in all states permitting subrogation. Funds received from all subrogation collections shall be considered revenue of the CLIENT. Maintain an automated loss and information system, and provide the CLIENT with reports from RISX-FACS® as set forth in Schedule V. Provide forms, as determined by GB, needed to administer the CLIENT's program. Provide additional ad hoc information, analysis, reports and services on a time and expense basis. O~l~Boynton Beach, City of - 001470.doc -3- o o, Assist the CLIENT in selecting appropriate experts or specialists as the claims may require. p, Provide personnel needed to perform the services agreed to herein. With respect to Self-Insurance Qualification, GB shall assist the CLIENT in the filing of periodic reports and renewal applications required by state administrative agencies. All fees and assessments in connection with such are the obligation of the CLIENT. With regard to Risk Control Consulting and Appraisals, GB shall provide the services set forth in Schedule V. 4. Provide other services as set forth in Schedule V. Obligations of CLIENT CLIENT shall pay GB for services the annual sum set forth in Schedule V, as agreed to under the "Billing and Payment Terms" section. At the end of each contract period, the annual compensation shall be subject to adjustment. Where applicable, GB shall audit the claim counts at the 18th, 24th, 36th and 48th morffh. CLIENT shall pay GB any additional fees due as a result of these audits as specified under the Billing and Payment Terms section in Schedule V. CLIENT shall provide funds for the payment of qualified claims or losses, allocated loss expenses, and any Managed Care fees, if applicable. GB shall not be required to advance funds to pay losses, allocated loss expenses, bank charges, or Managed Care fees. Fees are payable upon receipt of invoice. GB reserves the right to charge 1% per month, or the maximum legal rate, on balances unpaid after 30 days. SCHEDULEII BANKING-VOUCHER GB agrees to assist the CLIENT in setting up a voucher system for loss and expense payments. CLIENT shall at all times be responsible for the payment of qualified claims or losses and of allocated loss expenses. For this purpose, allocated loss expenses shall mean all costs, charges or expenses of third par'des incurred by GB, its agents or its employees, which are property chargeable to a qualified claim or loss including without limitation court costs, fees and expenses of attorneys, independent investigators, experts and wil~esses, fees for obtaining diagrams, reports, documents, photographs, surveillance and appraisals. CLIENT will establish procedures to make timely payments of loss and expense vouchers submitted by GB dudng the course of its claims management program. It is expressly understood that GB shall not be required to advance its own funds to pay losses, and GB shall have authority to commit the CLIENT's funds up to the discretionary payment limit set forth in Schedule II1. GB shall be held harmless and indemnified by CLIENT from any failure of CLIENT to make payments within agreed to or statutory time frames. 06~ql~:)ynton Beach, City of - 001470.doc -4- SCHEDULE III TERMS AND CONDITIONS Ce Dw Discretionary Settlement Authority - The limit on any settlement payment by GB shall be as set forth in Schedule V. It is agreed that GB shall have full authority in all matters pertaining to the payment, processing, investigation and administration of qualified claims or losses within this limit. Failure of GB to settle a qualified claim or loss within such limit shall not subject GB to liability to any party in the event of an adverse judgment entered by any court or the settlement of such claim or loss for an amount in excess of such limit. Terms of Cancellation or Nonrenewal - Either party shall have the dght to cancel or renegotiate the contract after each contract period by giving the other party written notice of intent to cancel or renegofiate at least sixty (60) days in advance. If timely notice of cancellation is given, this contract shall terminate upon the expiration of the current term. Unless stated otherwise in Schedule V, GB agrees that all claim files for claims incurred during the contracted periods will be handled for no additional fees for as long as the CLIENT continues to renew at least 50% of its program under this Agreement. In the event of cancellation or nonrenewal of 50% or more of this program, GB will continue to manage all pending run-off claims, end run-off claims incurring in this service term but not reported prior to the date of termination only if CLIENT pays GB, within established terms, to continue handling open claims, at GB's prevailing rate on the date of termination. A reduced RISX-FACS® reporting package wil be provided at the CLIENT's expanse. Banking and administration fees will be charged to the CLIENT as long as GB handles the claims. Should the CLIENT elect to have the files retumed to them, CLIENT agrees to reimburse GB for all payments made and subsequently paid by the bank, on behalf of the CLIENT, until all claims are closed within the RISX- FACS® system and all claim files have been returned to the CLIENT. GB will provide a tape or paper copy of the claim information in RISX-FAC, Se at GB's prevailing rate on the date of termination. Upon delivery of this information to CLIENT, claim information may be deleted Eom the system. If the CLIENT fails to pay any amounts billed, including but not limited to GB's service fee during the contract period; audit billings per Schedule I, Section B,1, Paragraph 2; the service fee to continue handling claims past termination date; or bank charges, within 30 days, GB shall have the right to terminate the conlract by giving the CLIENT ten (10) days' notice in writing. After receipt of payment of all fees due, GB will then retum all files to the CLIENT in an orderly manner. Costs for file transfer shall be the obligation of the CLIENT. · Sole Claims Administrator - During the terms of this Agreement and except as otherwise agreed to by the parties hereto, CLIENT agrees that GB shall be the sole claims administrator with respect to CLIENT's program and that all new claims under CLIENT's program shall be forwarded to. GB. CLIENT further agrees not to self- administer or adjust any such claims or to forward any such claims to any other service organization or individual without GB's prior written consent. Practice of Law - GB will not perform any services which may constitute the unauthorized practice of law. Mutual Indemnification - GB agrees to defend, indemnify, protect, save and keep harmless CLIENT from any and all loss, cost, damage or exposure arising from the negligent acts or omissions of GB. CLIENT agrees to defend, indemnify, protect, save and keep harmless GB from any and all loss, cost, damage or exposure arising from the negligent acts or omissions of CLIENT. The foregoing indemnification provisions shall survive termination of this Agreement. 06~:ll~Boynton Beach, City of- 001470.doc -5- Notices - Any notice required to be given under this contract shall be sent by certified mail to the following in the case of GB: Mr. Robert Mason Chief Financial Officer Gallagher Bassett Services, Inc. The Gallagher Centre Two Pierce Place Itasca, IL 60143-3141 and in the case of the CLIENT: Ho Mr. Charles Magazine Risk Manager City of Boynton Beech P.O. Box 310 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Successors/Affiliates - This contract shall be binding upon and shall inure to the benefit of all assigns, transferees and successors in interest of the parties. The services to be provided by GB hereunder maybe provided in whole or in part by any affiliated entity of GB, at the sole discretion of GB. In such event, the terms of this Agreement shall be binding upon and shall inure to the benefits of such affiliated entity. Modification - This contract represents the entire Agreement between the parties and may be modified only in writing. GB reserves the right to modify fees i~ It is determined that the historical data upon which GB's fees and service charges developed were based upon erroneous, obsolete or insufficient information, or that a change in CLIENT's business will materially change the nature and/or volume of its business or claims as contemplated at the inception of the Agreement. During the term of the Agreement, legislative and/or regulatory requirements materially impact or change the scope of GB's services or responsibilities. Confidentiality of Data - All data fumished by the CLIENT, or generated as a result of services performed under this agreement, and other information designated by the CLIENT in writing, shall be treeted as confidential. GB reserves the right to use statistical information or other data, so long as the CLIENT's name and/or confidential data are adequately protected. Status - It is understood that GB is engaged to perform services under this contract as an independent contractor and not as an agent of the CLIENT. This contract shall be governed by the laws of the State of Florida. Managed Care - If GB provides Managed Care services as part of the CLIENT's program, either directly or indirectly through an independent contractor, CLIENT agrees that GB may be entitled to an additional fee in connection with the Managed Care services (all or part of which may be paid to GB by the independent contractor) and to comply with the procedures for utilizing any such Managed Care services. Any such additional fee will be in exchange for bona fide administrative services provided by GB in connection with the 06~l\Boynton Beach, City of - 001470.doc Mo No Pe Go Managed Care services. If GB provides CLIENT access to the First Health Preferred Provider Organization, CLIENT agrees to comply with the procedures for utilizing the FirSt Health PPO Program. Reportin,q - GB will not assume that other coverage (unknown to GB) exists for a qualified claim or loss. GB shall not be responsible for reporting to carriers on a type of claim or loss not managed by GB. Fines and Penalties - GB shall not be responsible for any fines or penalties assessed by any governmental agency because of the acts or omissions of the CLIENT, or by previous or successor claim administrators. GB shall not be responsible for any fines or penalties assessed as a result of delayed submissions of first reports of injury due to inaccurate or improperly reported information provided by the CLIENT. Solicitation of Employees - CLIENT agrees that, during the term of this Agreement and for a two-year period thereafter, CLIENT shall not, without the consent of GB, solicit to hire, or hire any employee of GB who, during the term of this Agreement, has performed, or contributed to the performance of, services hereunder. CLIENT further acknowledges that the damages suffered by GB as a result of a breech of this obligation would be significant but not susceptible of easy calculation. Accordingly, in the event of a breach of the aforesaid obligation, CLIENT agrees to pay GB an amount equal to one hundred fifty percent (150%) of suc~ employee's annualized salary amount at GB as of the date of breach. Risk Control ConsultinR - With respect to any risk control consulting services, including any form of inspection service provided by GB to CLIENT: Such services shall be in the nature of advisory to the CLIENT only and shall not be construed as imposing upon GB any duty to implement any recommendation made by GB or to otherwise ensure that any premises, equipment or other subject matter of a GB consulting service is safe or Nee from hazards or defects; Such services shall be solely for the benefit of CLIENT and shall not be construed as creating any duty to, or conferring any right to, any third party, including without limitation, any duty to warn any third party or the public at large; CLIENT shall make no communication to any third party concerning the role or nature of GB's services without the pdor consent of GB. If GB fails to complete the contracted Risk Control Consulting.Services during the term of this Agreement due to the CLIENT's failure to cooperate with GB's service delivery objectives, then GB will have an additional six (6) months in which to complete the contracted services. If the CLIENT fails to cooperate with GB's service delivery objectives during such six (6) month period, then GB's obligation to complete the contracted services will be deemed to be fulfilled and CLIENT shall not be entitled to any refund for services not provided. If for any reason other than CLIENT's lack of cooperation, GB fails to complete the contracted services during the term of the Agreement, then CLIENT, at its discretion, may either receive a refund for that portion of the contracted services which were not completed or may extend the time for completion of the contracted services by a period of six (6) months. Records Retention - GB will retain claim files for 24 months following date of closure. Thereafter, files will be retumed to the CLIENT or forwarded to such location as may be designated by the CLIENT for continued storage. GB will retain hard-copy checks for 24 months following the date of bank clearance. Thereafter, copies of checks will be maintained on microfiche. Subrogation - To the extent GB is involved in pursuing recoveries against third parties or otherwise undertaking subrogation activities on behalf of CLIENT, GB is authorized to collect, in the name of the CLIENT or in the name of GB, all funds due as a result of such recovery or subrogation activities. GB shall not be required to establish any trust accounts for the benefit of CLIENT, but shall promptly and fully account for all funds so received. 06~cql~Boynton Beach, City of- 001470.doc Ro Taxes - CLIENT shall be responsible for payment of all applicable sales, use, ad valorem and excise taxes; duties; and assessments relating to the services provided hereunder. CLIENT shall hold GB harmless from all claims and liability arising from CLIENT's failure to pay such taxes. Non-U.S. Dollar Transaction - In the event that GB handles any non-U.S. Dollar claims, CLIENT shall be responsible for any rate fluctuations. SCHEDULE IV DEFINITIONS Claim - Any report of an accident (first or third party) alleging or resulting in injury, damage, or loss which could give rise to a demand for the payment of money. The claim charge is applicable on a per occurrence, per claimant, per line of coverage basis as defined in the RISX-FACSe system. Discretionary Settlement Authority - GB is authorized to make payment, for loss or expense, up to this amount, as GB deems necessary. Qualified Claim or Loss - GB will investigate and adjust any loss or claim occurring within the service term, provided the loss or claim type is identified in Schedule V. Allocated Expenses - Shall be the responsibility of the CLIENT and shall include, but not be limited to: · legal fees · professional photographs · medical record · experts' rehabilitation costs · accident reconstruction · architects, contractors · engineers · police, fire, coroner, weather, or other such reports · property damage appraisals · extraordinary costs for witness statements · official documents and transcripts · sub rosa investigations · medical examinations · extraordinary travel made at CLIENT's request · court reporters · fees for service of process · pre- and post-judgment interest paid · chemists · collection costs payable to third parties on subrogation · any other similar cost, fee or expense reasonably chargeable to the investigation, negotiation, settlement or defense of a claim or loss which must have the explicit prior approval of the CLIENT · Managed Care Managed Care - Managed Care services shall include, but not be limited to: · preferred provider organization networks · state fee scheduling · usual, customary and reasonable bill review · medical case management and vocational rehabilitation network · utilization review services · light duty and retum to work programs · prospective injury management services · hospital bill audit services · wholesale pharmaceutical network · retail pharmaceutical network 06~l~Boynton Beach, Ci~ of- 001470.doc lent: City of Boynton Beach Period: From 10/1/00 to 10/1/01 SCHEDULE V SERVICES AND FEES GB Client#: 001470 SERVICES PROVIDED: A. Claims Administration Auto Liability - Bodily Injury (AB) Auto Uabliity - Property Damage (AD) Auto Physical Damage (APD) General Liability - Bodily Injury (GB) General Liability - Property Damage (GO) Products Liability Professional Liability Property Workers' Compensation (WC) Medical Only Indemnity Assumption Information Servic~ RISX-FACS~ Standard Package Non-Standard Reports risxfacs.com Terminals & Printers Data Transfer X X X X X X SERVICES PROVIDED: Inci C. Loss Funding . SIMMS Voucher X Client Owned Banking D, Supplemental Loss Notice Program RpL Level $ Topical Captioned Rpts Rpt. Level $50,000 X Mee§nge X Setllernent Authedty $10,0~0 X Index Bureau X Coordination X ~t-Up/Program Inc~l~nt Prcx~ng R~ord O~ly Pro~e,~ng Updata Apprai~l$ Rl~k In~p~ion~ GB/G~R Mgd. C~re (Paid Off File) Risk Conlrol Consultin~ Lo~s Conlrol o Houra TOTAL $ 46,246 ADDmONAL SERVICE TERMS AND CONDITIONS: Client will be billed against the initial claim handling deposit of $30,736 at ~e following per claim rates: Auto/General Liability Bodily Injury ~ $620 per claim Auto/General Liability Property Damage @ $316 per claim Property ~ $,509 per claim BILLING AND PAYMENT TERMS: Fee is payable in 1 annual installment beginning 10/1/01. Fees are payable upon receipt of invoice. GB reserves the right to charge 1% per month, or the maximum legal rate, on balances unpaid after 30 days. 061,cql~Boynton Beach. City of- 001470.doc So Taxes - CLIENT shall be responsible for payment of all applicable sales, use, ad valorem and excise taxes; duties; and assessments relating to the services provided hereunder. CLIENT shall hold GB harmless fTom all claims and liability adsing from CLIENT's failure to pay such taxes. Non-U.S. Dollar Transaction - In the event that GB handles any non-U.S. Dollar claims, CLIENT shall be responsible for any rate fluctuations. SCHEDULE IV DEFINITIONS Claim - Any report of an accident (first or third party) alleging or resulting in injury, damage, or loss which could give rise to a demand for the payment of money. The claim charge is applicable on a per occurrence, per claimant, per line of coverage basis as defined in the RISX-FACSe system. Discretionary Settlement Authority - GB is authorized to make payment, for loss or expense, up to this amount, as GB deems necessary. Qualiflecl Claim or Loss - GB will investigate and adjust any loss or claim occurring within the service term, provided the loss or claim type is identified in Schedule V. Allocated Expenses - Shall be the responsibility of the CLIENT and shall include, but not be limited to: · legal fees · professional photographs · medical record · experts' rehabilitation costs · accident reconstruction · architects, contractors · engineers · police, fire, coroner, weather, or other such reports · property damage appraisals · extraordinary costs for witness statements · official documents and transcripts · sub rosa investigations · medical examinations · extraordinary travel mede at CLIENT's request · court reporters · fees for service of process · pre- and post-judgment interest paid · chemists · collection costs payable to third parties on subrogation · any other similar cost, fee or expense reasonably chargeable to the investigation, negotiation, settlement or defense of a claim or loss which must have the explicit prior approval of the CLIENT · Managed Care Managed Care - Managed Care services shall include, but not be limited to: · preferred provider organization networks · state fee scheduling · usual, customary and reasonable bill review · medical case management and vocational rehabilitation network · utilization review services · light duty and return to work programs · prospective injury management services · hospital bill audit services · wholesale pharmaceutical network · retail pharmaceutical network 0~l~ntoa Beach, City of - 001470.doc ient: City of Boynton Beach Period: From 10/1/00 to SCHEDULE V SERVICES AND FEES 10/1/01 GB Client#: 001470 SERVICES PROVIDED: A. Claims Administration Auto Liability - Bodily Injury (AB) Auto Uability - Property Damage (AD) Auto Physical Damage (APD) General Uabllity - Bodily Inju~j (GB) General Liability - Property Damage (GO) Products Liability Professional Uabillty Property Workers' Compensation (WC) Medtcal Only Indemnity Idormation Se~lce~ RISX-FACS~ Standard Package Non-Standard Reports Terminals & Pdnters Data Transfer Inct SERVICES PROVIDED: Incl C. Loss Funding X SIMMS X Voucher X Client Owned Banking X D. Supplemental X Loss. Notice Program Rpt. Level $ Topical Captioned Rpts Rpt. Level $.50,000 X Meelings X X Sefflement Authority $10,000 X Index Bureau X Coordination Set-Up/Program Incident Processing Record Only Pr _oc~___~_lng Update Appraisals Risk Inspections X GB/GCR Mgd. Care (Paid Off File) F_ Risk Control Consulting Loss Control - Hours Rlsx-Control Consulting -~ Hours TOTAL $ 46.246 ADDmONAL SERVICE TERMS AND CONDmONS: Client will be billed against the initial claim handling deposit of $30,736 at the following per claim rates: AutolGeneml Liability Bodily Injury ~ $620 per claim Auto/General Uability Property Damage @ $316 per claim Property ~ $509 per claim BILLING AND PAYMENT TERMS: Fee is payable in 1 annual installment beginning 10/1/01. Fees are payable upon receipt of invoice. GB reserves the dght to charge 1% per month, or the maximum legal rate, on balances unpaid after 30 days. 06~l~3ynton Beacll, City of- 001470.doc Requested City Commission Meeting Dates [] April 1, 2003 [] April 15, 2003 [] May 6, 2003 [] May20,2003 V.-CONSENT AGENDA ITEM C.8. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be ~-ned -r~c in to City Clerk's Offi~ c~> ': ~ ur'lc March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to authorize the Mayor to accept the modification to increase the square footage of sovereign submerged lands easement from the Board of Trustees of the Internal Improvement Trust Fund (T.I.I.F.) to allow waterway access to the Intracoastal Waterway from Boat Club Park lying in Section 15, Township 45 South, Range 43 East in the City. Two (2) witnesses and a Notary Public are required to augment the Mayor's signature. EXPLANATION: The local office of the Florida Department of Environmental Protection (FDEP) issued a notice to the City last year regarding non-access from the expanded dockage recently constructed at Boat Club Park to the Intracoastal Waterway. They had prepared a document to modify the sovereign submerged lands easement originally granted by the T.I.I.F. with an effective date of July 11, 2002. This document reached the City on October 21, 2002. Upon verification of the easement and legal description in support thereof, scrivener's errors were found and brought to the Director's attention. Notification to the document's preparer of the legal description brought no corrective results. A second FDEP dated February 27, 2003 was received on March 4, 2003. Communication with the Tallahassee office of the FDEP advised them of the problem(s), to which they are making correction to the easement document (BOT Lease No. 501972546). Acceptance of the easement will allow boaters using Boat Club Park legal access to the Intracoastal Waterway via an expanded 3.04 acres of submerged lands. PROGRAM IMPACT: FDEP could cite boaters using the waters of the Lake Worth Lagoon as access to the Intracoastal Waterway without the proper access easement beyond the current easement limits from Boat Club Park. FISCAL IMPACT: None. ALTERNATIVES: Putting the City at risk to be £med (on a daily basis) for usage of the waters of the Lake Worth Lagoon without the p~roper access easement. ~ [~ / De~n~ ~ea~ignature 'dity M~a~ager's Signature Public Works Department/Engineering Division City Attorney / Finance / Human Resources RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING A MODIFICATION TO INCREASE THE SQUARE FOOTAGE OF SOVEREIGN SUBMERGED LANDS EASEMENT FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (T.I.I.F.) TO ALLOW WATERWAY ACCESS TO THE INTRACOASTAL WATERWAY FROM BOAT CLUB PARK; AND PROVII)ING FOR AN EFFECTIVE DATE. WHEREAS, the local office of the Florida Department of Environmental Protection (FDEP) issued a notice to the City last year regarding non-access from the expanded dockage recently constructed at Boat Club Park to the Intracoastal Waterway; and WHEREAS, this Easement will allow boaters using Boat Club Park legal access to the Intracoastal Waterway via an expanded 3.04 acres of submerged lands; and WHEREAS, the City Commission upon recommendation of staff, deems it appropriate to accept the modification to increase the square footage of sovereign submerged lands easement from the Board of Trustees of the Internal Improvement Trust Fund (T.I.I.F.), to allow waterway access to the Intracoastal Waterway from Boat Club Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That each Whereas clause is true and correct. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby accept the modification to increase the square footage of sovereign submerged lands easement from the Board of Trustees of the Internal Improvement Trust Fund (T.I.I.F.), to allow waterway access to the Intracoastal Waterway from Boat Club Park. Section 2. That this Grant of Easement will be recorded in the Public Records of Palm Beach County, Florida. S:\CAXRESOXAgreemcnts\Utilities\Grant of Easement - Boat Club Park. doc Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CA~R. ESOXAgreements\Utilities\Grant of Ea~ment - Boat Club Park.doc :~: ~. Department of ,, Environmental Protection C °J ..... Marjory $coneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard Governor Tallahassee, Florida 32399-3000 David B. Struhs Secretary March 5, 2003 The City of Boynton Beach 100 East Boynton Beach Boulevard Post Office Box 310 Boynton Beach, Florida 33425-0310 BOT Lease No. 501972546 Lessee: The City of Boynton Beach Dear Mr. Broening: Enclosed is an easement which requires acceptance by your notarized sigrature as Mayor (two witnesses required). Pursuant to Chapter 695, Florida Statutes, the name of the person executing the instrument, the two wimesses, and the notary public must b~ legibly printed or typewritten directly below that person's signature:r~' ' Please complete and return the enclosed data form that provides us with billing information, sales tax information, and other data required pursuant to Section 24.115(4% Florida Statutes. Please execute and remm the enclosed instrument/documents and any additional information requested within 30 days after receipt of this letter. Upon receipt and acceptance, we will transmit the easement for final departmental execution. A fully executed copy will be provided to you for your records. Your cooperation and assistance are appreciated. If you have any questions regarding this matter, please feel flee to contact me at the letterhead address above (Mail Station No. 125) or at (850) 245-2720. Sincerely, 7 Bureau of Public Land Administration Division of State Lands /jg Enclosures By certified mail '",~ore ~rorec~.;on, ~ess ,~rocess" Printed on recyciea paoer. RECEIVED NAR 1 0 2003 CITY MANAGER'S OFFICE: Jeb Bush Governor Department of Environmental Protection The City of Boynton Beach I00 East Boynton Beach Blvd. PO Box 310 Boynton Beach, FL 33425-0310 Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard /1 Tallahassee, Florida 32399-3000 ~(.~ February 27, 2003 ~, . /~(/., -/ BOT Lease No.: 501972546 Lessee: The City of Boynton Beach Dear Mr. Broening: David B. Struhs Secretary Please consider this letter as a request for execution of your sovereignty submerged lands lease instrument and/or any additional information that you may have been asked for in order to complete the leasing process for the above-referenced file. It has been more than 30 days since the lease and/or request for information was fovamrded to you and, according to our records, the document(s) have not been returned to this office. Please execute and return the signed lease and any additional information requested within fifteen (15) days of receipt of this notice. If no response is received within this timeframe, the subject lease will be turned over to the District Compliance and Enforcement Section for further handling and/or resolution. No further time extensions have been authorized. I am an outside contractor supplying closing services and may be reached at the letterhead address, Mail Station #125, or by telephone at 850/245-2720, FAX at 850/245-2761. If you need to speak to someone who is an employee of the Bureau of Public Land Administration (BPLA), please call 850/245-2720 and ask to speak with the BPLA Planner who is the contact person for the subject lease (please have lease number available). Your cooperation and assistance are appreciated. If the requested information has recently been forwarded to this office, please disregard this notice. Sincerely, Glen Teal, Closing Assistant American Government Services Corporation By certified mail RECEIVED MAR - 4 2003 CITY MANAGER'S OFFICE "/VloreProtection, LessProces," .~~'~~~'~~-'~ Pnnted on rec~Jed pa~er. the Sta~ ot'Ftm~da, herein~ter referred to u the W1TNESSETH: Thst for the thithl'ol '"d tinny [~[otmanc~ of and c°mplian~ with th~ terma and ceadidons s~sted ~ the Grantor does hereby 8rant ~o The Clw ofnovntnn Beach. F1oridL he~aina~ rat'erred to U thl~ C..~n~ee, a noa~oi~.h~sive ~ o(~ under aad I~ro# th~ sov~n~Sa Llndl d~(xib~d u foJh3~ea: Tow~ ~ B~o ~I.F.~ ~ ~ ~~ ~~~a~of~s~~. 2. ~~ CONiStON: ~ 4. D~~ ~ EA~ ~OP~ to ~ ~~ ~n~~~ ~ p~ ~ ~ ~ ~ fl~t t° ~ the ~ ~ ~ of~ ~ in ~ ~ ~to t~ ~ 7. ~~CA~O~S~GA~ON OF of~~Kh~ ~iJ~le~ ~ ~~ 8. ~: ~~m~ut° [401 9. ASSIGNMENT OF EASEMENT: This easement shall not be a~igned or otherwise ~ansferred without prior wrmen consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 10. TERMFNATION: The Grantee, by acceptance of this easement, binds itsel f, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. [n the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the Grantor. All costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this easement shall be paid by the Grantee. All notices required to be given to Grantee by this easement or applicable law or adminisu'ative rules shall be sufficient if sent by U.S. Mail to the following address: The City of Boynton Beach 100 East Boyntou Beach Boulevard Post Office Box 3 l0 Boynton Beach, Florida 33425-0310 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Grantee shall assume ali responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and lev/ed against the subject proper~ during the effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder. 12. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures and equipment occupying and erected upon the premis~ after exp~rat/on or canc.~llalion of this easement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in Item l0 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to ali other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of ail structures and the right to impose administxative fines. 13. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 14. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement in its entirety in the public records of ihs county w~thin which the easement site is located Vathin fourteen (14) days after receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its entirety which contains the OR. Book and pages at which the easement is recorded. 15. AMENDMI~NTS/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be m writing and must be accepted, acknowledged and executed by the Grantee and Grantor. 16. ACOE AUTHORIZATION: Prior to commencement of construct/on and/or activities authorized herein, the Grantee shall obtain the U.S. Army Corps of Engineers (COg) permit if it is required by the COE. Any modifications to the construction and/or act/v~ties authorized herein that may be required by the COE shall require consideration by and the prior written approvi~l of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 17. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional structures shall be erected and/or act/v/ties undertaken, including but not limited to, dredging, relocation/realignment or major reps/rs or renovat/ons made to authorized structures, on, in or over sovereignty, submerged lands without the prior written consent of the Grantor, with the exception of emergency repairs. Unless specifically authorized in wr~t/ng by the Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the act/v/t/es authorized by this easement. Page ! of 10 Pages Easement No. 28956 18. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee must have satisfactory evidence of sufficient upland interest as defined in subsection 18-21.003(49), Florida Administrative Code, to the extent required by paragraph 18-21.004(3)(b), Florida Administrative Code, in order to conduct the activity describext in this easement. If at any time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty, submerged lands described in this easement shaU immediately cease and this casement shall tcnuinat¢ and title to this casement shall revert to and vest iu thc Grantor immediately and automatically. 19. SPECIAL EASEMENT CONDITIONS: a. The Lessee shall comply with the standard manatee protection construction conditions listed in the "Standard Manatee Construction Conditions, June 200 i", included in the issued permit (pemut No. 50-0156831- 003) b. In order to provide protection to manatees during operation of this facility, permanent manatee information and/or awareness sign(s) shall be installed and maintained to increas~ boater awareness of the presence of manatees, and of the need to minmaize the threat of boats to these animals. The signs shall be replaced in the event that they fade or become damaged, and should be maintained for the life of the facility in a manner acceptable to the Department. c. A literature display shall be installed to distribute (at no charge) the "Palm Beach County Manatee Protection Zones" booklet to boaters using the facility. The permitee shall ensure that the literature display has an adequate supply of booklets at all times. d. For the fixed pier Iocalecl south of the boat ramps, the Lessee shall install handrails running along the south side of the access portion and along the west side of the terminal platform, along with four (4) "No Mooring" signs to deter mooring in these areas. The handrails shall be maintained for the life of the facility. e. For the floating dock located to the north of the boat ramps, the Lessee shall install handrails along the entu'e length oftbe south side of the dock. The handrails shall be maintmned for the life of the facility. f. The use of the docks is to provide staging for vessels using the boat ramps. There shall be no permanent mooring of vessels at the docks. Page 3~_ of 10 Pages Easement No. 28956 WITNESSES: Original Signature prmtcrype Name of Wimess Original Signature print/Type Name of Wimess BY: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) Ralph M. Perkins, Operations and Management Consultant Manager, Bureau of Public Land Adnumstration, Division of S Late Lands, Department of EnvU'Onmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida STATE OF FLORIDA COUNTY OF LEON "GRANTOR" Thc foregoing instrument was acknowledged before me this __ day of ,20~, by Ralph M. Perkins, Ot~erations and Mana~,ement Consultant Manager. Bureau of Public Land Administration, Division of Stat~. Lands, Denartment of Environmental Protection. as a:zent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. APPROVED AS TO FORM AND LEGALITY: DEP Attorney Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expir~: Commission/Serial No. WITNESSES: The City of Bovnton Beach. Florida (SEAL) Original Signature Typed/printed Name of Witness Origami Signature BY: Original Signature of Executing Authority Gerald Broenin~ Typed/Printed Name of Executing Authority Mayor Title of Executing Authority Typed/Printed Name of Witness STATE OF COUNTY OF The foregoing instniment was acknowledged before me this __ "GRANTEE" day of ,20 , by Gerald Broemnlz as Mayor, for and on behalf of The City of Bovnton Beach. Florida. He is personally known to me or who has produced , as identification. My Commassion Exptres: Notary Public, State of Commission/Serial No. Printed, Typed or Stamped Name Page 4 of 10 Pages Easement No. 28956 ,,-.. Attachment A ,{ Page 5 of 10 Pages -' Easement No, 2895~ APR 1 7 2002 DEPT OF ENV PROTECTION WEST PALM @EACH LAND DESCRIPTION: A PARCEL OF SUBMERGED LAND AND FORMERLY SUBMERGED LAND IN LAKE WORTH, BEING IN SECTION 15, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER (SW I/4) OF SAID SECTION 15; THENCE SOUTH 89'39'O1' EAST ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER (I/4) OF SAID SECTION tS, A DISTANCE OF 930.15 FEET TO THE EAST RIGHT OF WAY LINE OF STATE ROAD 5 (FEDERAL HIGHWAY)AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 93010-25OI, SHEET 3 OF 7, LAST DATED JANUARY 1956; THENCE SOUTH 07'46'43' WEST, ALONG SAID EAST RIGHT OF WAY LINE, 1621.96 FEET TO THE NORTH LINE OF BLOCK I,W.S. SHEPARD'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 8 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAME BEING THE NORTH LINE OF LOT 13, SAM BROWN dR's HYPOLUXO SUBDIVSION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE 81 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89'46'48'EAST ALONG SAID NORTH LINES, 965.5tFEET TO THE POINT OF BEGINNING, SAME BEING THE WESTERLY MEAN HIGH WATER LINE OF AFORESAID LAKE WORTH; THENCE THE FOLLOWING NINE (9)COURSES ALONG SAID WESTERLY MEAN HIGH WATER LINE OF LAKE WORTH: I. NORTH 06'12'48' WEST, .30.02 FEET; 2. NORTH 06'33'46'WEST, 29.78 FEET; 3. NORTH 07'04'48' EAST, 13.72 FEET; Attachment A 4. NORTH 41'45'O1' EAST, 54.52 FEET; Page 6 of 10 Pages 5. NORTH 07'38'56' EAST, 51.49 FEET; 6. NORTH 02'57'40' EAST, 46.65 FEET; Easement No. 28956 7. NORTH 45'17'26"~ 33.04 FEET; 8. NORTH O4'I6'I3'EAST, 17.98 FEET; 9. NORTH 41'10'29' EAST, 32.32 FEET; THENCE NORTH 51'31'36'EAST, 56.34 FEET TO THE AFORESAID WESTERLY MEAN HIGH WATER LINE OF LAKE WORTH; THENCE THE FOLLOWING FOUR (4)COURSES ALONG SAID WESTERLY MEAN HIGH WATER LINE OF LAKE WORTH: I. SOUTH 67'37'53' EAST, 32.07 FEET; 2. SOUTH 83'48'11' EAST, 42.32 FEET; 3. SOUTH 73'48'59' EAST, 30.07 FEET; 4. SOUTH 69'20'26' EAST, 53.47 FEET; THENCE SOUTH Oo'og'48"WEST, 15.77 FEET; THENCE SOUTH 89'50'06' EAST, 880.16 FEET TO THE WEST RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY; THENCE SOUTH 04'57'27' WEST, ALONG SAID WEST RIGHT OF WAY LINE, 75.26 FEET; THENCE NORTH 89'50'06' WEST, 840.26 FEET; THENCE SOUTH 05'55'26' WEST, t78.89 FEET TO THE NORTH LINE OF THE LANDS DESCRIBED IN TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA, DEDICATION No. 23131(1123-50); THENCE NORTH 89'47'06' WEST, ALONG SAID NORTH LINE, 249.38 FEET TO THE POINT OF BEGINNING. SAID LANOS LYING IN THE CITY OF BOY,TON BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 132,434 SQUARE FEET, 3.0403, 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 DIRECTION ON DECEMBER 5, 2001. IFURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS A~J:~..~AP/PC~ C!~APTER $1017-6 OF THE TO THE QUALIFICATIONS NOTED HEREON. ~ KEITH & ASSOCIATES, INC. --dj2jfl-P. WEBER, P.S.M. CONSULTING ENGINEERS ~[}A REGISTRATION No. 4323 :SKETCH OF DESCRIPTION ~--~-~I"1~ DATE ,2'05-O, DATE REVISIONS A PORTION OF SUBMERGED LANDS c o n s u ~N LAKE WORTH IN THE SOUTHWEST QUARTER 0F SECTION 15-45-43 ~e .o. ~o ~NG. ~ JP~ SURVEY NOTES: I. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAl. OF A FI_ORIDA LICENSED SURVEYOR AND MAPPER. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS. OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE NORTH AMERICAN DATUM OF 1983 (ADJUSTMENT OF 1990), REFERENCE BEARING OF NORTH 01'13'01' WEST ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER (SW I/4)OF SECTION 15, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID REFERENCE BEARING WAS DERIVED FROM STATE PLANE COORDINATES PROVIDED BY PALM BEACH COUNTY ENGINEERING DEPARTMENT-SURVEY SECTION FOR THE SOUTHWEST CORNER OF SAID SECTION 15 ANO THE WEST OUARTER CORNER OF SAID SECTION 15. 4. THE LAND DESCRIPTION HEREON WAS PREPARED BY THE SURVEYOR. 5. UNDERGROUND IMPROVEMENTS NOT LOCATED OR SHOWN. 6. THERE IS NO EVIDENCE THAT UNDERGROUND ENCROACHMENTS EXIST. HOWEVER NO SUBSURFACE INVESTIGATION WAS PERFORMED TO DETERMINE IF UNDERGROUND ENCROACHMENTS EXIST. 7. THIS SKETCH DOES NOT IDENTIFY THE LIMITS OR EXTENTS OF POTENTIAL JURISDICTIONAL BOUNDARIES. 8. MEAN HIGH WATER ELEVATION OF 1.74' FEET (NGVO) WAS OBTAINED FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP),BUREAU OF SURVEYING AND MAPPING. 9. THE MEAN HIGH WATER LINE DEPICTED HEREON COMPLIES WITH CHAPTER 177, PART II, FLORIDA STATUES AND WAS FIELD LOCATED ON NOVEMBER 28, 2OOI. lO.ELEVATIONS SHOWN .HEREON ARE RELATIVE TO THE NATIONAL GEODETIC VERTICAL DATUM OF 1929 AND SAID ELEVATIONS ARE BASED ON BENCHMARKS SUPPLIED BY THE PALM BEACH COUNTY ENGINEERING DEPARTMENT-SURVEY SECTION. ORIGIN BENCHMARK No. U 233 BEING A BRASS DISC IN A CONCRETE MONUMENT STAMPED 'U 233-1965'.ORIGIN BENCHMARK IS LOCATED ABOUT 2,5 MILES SOUTH ALONG THE FLORIDA EAST COAST RAILROAD FROM THE LANTANA ROAD CROSSING, 0.2 MILE NORTH OF MILEPOST 311, 186 FEET SOUTH OF A ROAD CROSSING, 93.0 FEET NORTHEAST OF THE NORTHEAST CORNER .OF THE BOYNTON ANIMAL CLINIC, 22.9 FEET WEST OF THE WEST RAIL OF THE SOUTHBOUND MAIN TRACK AND I FOOT WEST OF A METAL WITNESS POST. ELEVATION=II.4OT'. II.ALL PLATS REFERRED TO HEREON ARE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. 12.THIS SKETCH OF DESCRIPTION IS NOT A BOUNDARY SURVEY. i3.1NTRACOASTAL WATERWAY RIGHT OF WAY AND CHANNEL INFORMATION SHOWN HEREON IS BASEb ON THE FLORIDA INLAND NAVIGATION DISTRICT MAP DATED OCTOBER 1994, MAP No. PB-29 AND THE FLORIDA INLAND NAVIGATION DISTRICT MAP DATED JANUARY 1997, UNDER PROdECT No. 96-2472-S, DRAWING No. 2472SHGT.OGN, SHEETS 67 AND 84. ELEV. FEC FDOT P.B.C.R. P.D. PG. P.O,B. P.O.C. R/W T.[.[.T.F. UE SQ. FT. W/ Attachment A I LEGEND I Page 7 of 10 Pages Easement No. 28956 ELEVATION FLORIDA EAST COAST RA[LROAD FLOR[DA DEPARTMENT OF TRANSPORTATION PALM BEACH COUNTY RECORDS PLAT ~OOK PAGE POINT OF BEGINNING POINT OF COMMENCEMENT RIGHT-OF-WAY TRUSTEES OF THE INTERNAL MPROVEMENT TRUST FUND OF FLORIDA UTILITY EASEMENT SQUARE FEET WITH BEARING AND DISTANCE (SEE LiNE TABLE ISKETCH OF DE$CRIPTIONII SOUTHWEST QUARTER 0F II Attachment A Page 8 of 10 Pages Easement No. 28956 REFER£NCE NOI'I3'OI'W IVEST LINE SW 15-45-43 I/4 94' I SC JlA PORTION OF SUBMERGED LANDS I j j IN LAKE WORTH IN THE I JCl£11$t J J SOUT~HWEST QUARTER OF I .'o~,.,~,~o 8~¢~,. ,,-~oR~o,, .~,,,~.~.~ m o j Z Z 0 m SAM BROWN JR's HYPOLUXO SU~BDIVSION P.B. I, PG. 81 / SKETCH OF DESCRIPTION ~ :OAr£ ,~-OS-O, D~TE! REVISIONS... A PORTION OF SUBMERGED LANDS c o n $ u i ! i ~ 17 ~ ~ ~ I ~ · ~ r · SCA~ 1':150' 4'9-02 IN LAKE WORTH IN THE ~o~z~sr ~r~nc POUPANO BEACH. FLO~IOA 3JO60-6E43 FIELD BK. SOUTHWEST QUARTER OF ~.~;~a-]~oo ;~.~; THE WATERSEDGE P.8. 37, PGS. 69&70 UPLANO PROPERTY~ LINE UEAN HIGH WATER LINE ELEV A TION=I.?4' GRAPHIC SCALE PROPOSED EASEMENT AREA LIMITS SEE SHEETS 3 mhd 4 50 LOT II LOT / / / / / / / / / / / / ~ EXISTING WOO0 ~ OOCI~ \ \ \ 12 xx \ \ PROPOSE.O FLOATING 0OCI~ EXISTING ....... ___.. ___., ___.,,~___ JE. TTY/BREAXNATER [LE,VATION=I.T4' XISTING CONC. BOAT RA¼P RAUP LOT 13 BLJLKNEAO REPLACEUEN/ Attachment A Page 10 of 10 Pages Easement No. 28~ UPLANO PROPERTY'~ LINE, CITY RSUAN T.I. ,F. OEO 2312 JETTY/BRE~ SKETCH OF DESCRIPTIOF OArE__, -os-o, EWS/O s A PORTION OF SUBMERGED LANDS ¢o~$u/t/ng ,ri'gingers 5GALE r:SO' ~'O2~'''~ '"''' '' IN LAKE WORTH IN THE Jot~sr arta~rtc aoutgva.o POmPAnO 8EACH, FLOR/DA JJO60-664J F/ELD ~K. , 149 SOUTHWEST OUARTER OF r~s,,ze,-J~oo xarr~s~, r*e-Jsoo .... ~ ...... V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.9 AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] April 1,2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) March 31, 2003 (Noon) April 14, 2003 (Noon) May 5, 2003 (Noon) Requested City Commission Meeting Dates [] June 3, 2003 [] June 17,2003 [] July 1,2003 [] July 15,2003 Date Final Form Must be Turned in to City Clerk's Office May 19, 2003 (Noon) June 2, 2003 (Noon) June 16, 2003 (Noon) June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve execution of a Subordination of Easement to Declaration of Restrictive Covenant. EXPLANATION: The City received a request fi.om Sachs, Sax & Klein, attorneys for DSS Properties, L.L.C./Two Georges Restaurant, to execute a Subordination of Easement to Declaration of Restrictive Covenant document. Incident to permitting by the Florida Department of Environmental Protection (DEP), DSS is obligated to record a Declaration of Restrictive Covenant for its property. A copy of that Declaration is attached. DEP requires that, appended to this Declaration, owners of mortgages and/or easements over the subject property subordinate their interest thereto. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: If the Subordination is not executed, DSS may not be able to fulfill the permitting requirements of DEP. Department Head's Signature Department Name City Manager's Signature City Atto~d~t~'tnance / Hunch Resources S:~BULLETINLFORMS~kGENDA ITEM REQUEST FORM.DOC RESOLUTION R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A SUBORDINATION OF EASEMENT TO DECLARATION OF RESTRICTIVE COVENANT BETWEEN THE CITY OF BOYNTON BEACH AND DSS PROPERTIES, L.L.C.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach was granted an easement for storm water drainage and drainage facilities, water and sewer utilities, and/or other appropriate purposes incidental thereto, on, over and across certain property by DSS Properties, L.L.C., on October 15, 1999, recorded in ORB 11456, page 383 in the Public Records of Palm Beach County on November 16, 1999; and WHEREAS, DSS Properties, L.L.C., owner of the Two Georges Restaurant, is obligated to record a Declaration of Restrictive Covenant for its property by the Florida Department of Environmental Protection (DEP), which also requires that owners of easements over the subject property subordinate their interest thereto; 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 approve execution of a Subordination of Easement to Declaration of Restrictive Covenant, hereby subordinating its rights under said Easement by and between DSS Properties, L.L.C., and the Florida Department of Environmental Protection, a copy of which Subordination is attached hereto as Exhibit "A". Section2. This Resolution will become effective immediately upon S:\CA\RESO~Agreements\Subordination of Easement - DSS Properties.doc passage. PASSED AND ADOPTED this __ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner S:\CA\RESO~,greements\Subordinafion of Easement - DSS Properties.doc NORTHERN TRUST PLAZA, SUITE 4150 301 YAMATO ROAD BOCA RATON, FLORIDA 33431 TELEPHONE (551 ) 994-4499 DIRECT LINE (561) 237-6827 FACSIMILE (561) 994.4985 SACHS, SAX & KLEIN, P.A. ATTORNEYS AT LAW March 5, 2003 MAILING ADORES~ POST OFFICE BOX 810037 BO~A RATON, FLORIOA 33481-0037 LARRY Z. GLICKMAN, ESQ. e-mail: Izg~sachs-sax-kie~n corn City of Boynton Beach Attn: City Attorney's Office/Rosemary Post Office Box 310 Boynton Beach, Florida 33425 Re: DSS Properties, L.L.C./Two Georges Restaurant Our File No. 3968.01 Dear Ms. Ramirez: This law firm represents DSS Properties, L.L.C., owner of the Two Georges Restaurant. Incident to permitting by the Florida Department of Environmental Protection CDEP"), our client is obligated to record a Declaration of Restrictive Covenant for its property. A copy of that Declaration, as approved by DEP is enclosed with this letter. DEP requires that, appended to the Declaration, owners of mortgages and/or easements over the subject property subordinate their interest thereto. A copy of your Easement is enclosed with this letter for convenient reference, and the Subordination of your Easement is found at page seven (7) of the instrument. We request that you review these documents, and return the executed Declaration, including page seven (7), to this office for submission to DEP. If you have any questions with respect to the instrument or this matter generally, please do not hesitate to contact this writer directly. Very truly yours, LZG:cs ,.~SAX & KL~.~A. Lar~~~--'~ Enclosures cc: DSS Properties, L.L.C. (do Mr. William Skaggs) Ms. Nancy Byrne, City of Boynton Beach M:\Corporate\DSS Restaurant\Letters\City of Boynton Beach Izg. l.wpd This instrument was prepared by and should be returned to: Larry Z. Glickman, Esq. Sachs, Sax & Klein, P.A. P.O. Box 810037 Boca Raton, Florida 33481-0037 DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT ("DECLARATION") is made this day of ,2003, by DSS Properties, LLC, a limited liability company ("Owner") and the Florida Department of Environmental Protection ("DEP"). RECITALS Ao Owner is the fee simple owner of that certain real property situated in the County of Palm Beach, State of Florida, more particularly described as: Lots 1 through 6, inclusive and the East 15.35 feet of Lot 7, CASA LOMA, A SUBDIVISION of the City of Boynton Beach, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 11, Page 3 (hereinafter, the "Property"). Bo The DEP Facility Identification Number for the Property is 509200406. The facility name at the time of this Declaration is "Two Georges Waterfront Grille." Co The discharge of petroleum products on the Property is documented in the following reports ("Reports), which are hereby incorporated by reference: Five (5) petroleum product discharges have been reported at the Property: October 9, 1992; September 13, 2001; September 26, 2001; October 2, 2001; and December 12, 2001. Prior to the last discharge report, cleanup and removal was documented in a Storage Tank System Closure Assessment Report dated October 26, 2001 (Dunkelberger Engineering and Testing, Inc. ["DET"] Project No. 01-22-2904) and in DET Site Assessment Report dated October 31, 2001. Cleanup and removal as to the most recent discharge report is documented in DET Storage Tank System Closure Assessment Report dated October 26, 2001 (DET Project No. 01-22-3039). Do The Reports set forth the nature and extent of the contamination on the Property. The Reports confirm that contaminated groundwater as defined by Chapter 62-770, Florida Administrative Code, exists on the Property. Also the Reports document that the groundwater contamination does not extend off the Property, that the extent of the Page 1 of 8 Pages groundwater contamination does not exceed one quarter (¼) acre, and that the groundwater contamination is not migrating. Eo The DEP has agreed to issue a No Further Action with Conditions ("NFA"), upon recordation of this Declaration; however the DEP may unilaterally revoke the NFA if the conditions of this Declaration or of the NFA are not met. Additionally, in the event concentrations of petroleum products' chemicals of concern increase above the levels approved in the NFA, or if a subsequent discharge of petroleum or petroleum product occurs at the site, the department may require site rehabilitation to reduce concentrations of contamination to the levels approved in the NFA of otherwise allowed by Chapter 62-770, F.A.C. The NFA relating to Owner, DEP Facility No. 509200406, are on file with the DEP Bureau of Petroleum Storage Systems located at 2600 Blair Stone Road, Mail Station 4575, Tallahassee, Florida 32399-2400. Fo Owner deems it desirable and in the best interest of all present and future owners of the Property that an NFA be obtained, and that the Property be held subject to certain restrictions, as more particularly set forth herein. NOW, THEREFORE, to induce the DEP to issue the NFA, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the undersigned parties, Owner hereby agrees as follows: The foregoing recitals are true and correct and are incorporated herein by reference. 2. Owner hereby imposes on the Property the following use restriction(s): o There shall be no drilling for water conducted on the Property, nor shall any wells be installed on the Property other than monitoring wells pre- approved by the DEP. There shall be no use of the groundwater on the Property. Additionally, there shall be no stormwater swales, stormwater detention or retention facilities, or ditches on the Property. For the purpose of monitoring the restrictions contained herein, DEP or its respective successors and assigns shall have site access to the Property at all reasonable times and with reasonable notice to the Owner. o It is the intention of Owner that the restriction contained in this Declaration shall touch and concern the Property, run with the land and with the title to the Property, and shall apply to and be binding upon and inure to the benefit of the successors and assigns of Owner, and to DEP, its successors and assigns, and Page 2 of 8 Pages to any and all parties hereafter having any right, title or interest in the Property or any part thereof. This Declaration shall continue in perpetuity, unless otherwise modified in writing by Owner and the DEP as provided in paragraph 6 hereof. These restrictions may be enforced in a court of competent jurisdiction by the DEP or its successor agency, or by any other person, firm, corporation, or governmental agency that is substantially benefitted by this restriction. In order to ensure the perpetual nature of these restrictions, the Owner, and its successors and assigns, shall reference these restrictions in any subsequent deed of conveyance, including the recording of book and page of record of this Declaration. o This Declaration is binding until a release of covenant is executed by the DEP Secretary (or designee) and is recorded in the county land records. To receive prior approval from DEP to remove any requirement herein, active cleanup of the Property must resume or cleanup target levels established pursuant to Florida Statutes and DEP rules must have been achieved. This Declaration may be modified in writing only. Any subsequent amendment or modification of this Declaration must be in writing and executed by both Owner and the DEP or their respective successors and assigns, and be recorded by the Owner as an amendment hereto. If any provision of this Declaration is held to be invalid by any court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of any other provision thereof. All such other provisions shall continue unimpaired and in full force and effect. [Signatures are continued on the next page.] Page 3 of 8 Pages of IN WITNESS WHEREOF, Owner has executed this instrument, ., 2003. Signed, sealed and delivered in the presence of: (Owner's signature) Print Name Of: Its: this ~day DSS PROPERTIES, LLC. (full mailing address) Witness (not the Notary) Print Name: Witness (not the Notary) Print Name: Date: Date: STATE OF FLORIDA ) SS: ) COUNTY OF PALM BEACH ) The foregoing instrument was ,2003, by produced the following identification: acknowledged before me this day of , who is personally known to me or has Notary Public, State of Florida at Large Typed, printed or stamped name of Notary Public SIGNATURES CONTINUED ON NEXT PAGE Page 4 of 8 Pages Approved as to form by the Florida Department of Environmental Protection, Office of General Counsel IN WITNESS WHEREOF, The Florida Department of Environmental Protection has executed this instrument, this ~ day of ,2003. Signed, sealed and delivered in the presence of: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Print Name: Title: Division of Mailing Address; Mail Station ; Bureau of , City, Florida Zip Code Witness (not the Notary): Print Name: Date: Date: Witness (not the Notary): Print Name: STATE OF FLORIDA ) SS: ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 2002, by , as representative for the Florida Department of Environmental Protection, who ~ is personally known to me or~ has produced the following identification: Notary Public, State of Florida at Large Typed, printed or stamped name of Notary Public Page 5 of 8 Pages SUBORDINATION OF MORTGAGE TO DECLARATION OF RESTRICTIVE COVENANT COLONIAL BANK, as the owner and holder of the following described instrument: Mortgage Deed and Security Agreement originally given to Palm Beach National Bank & Trust Company by William G. Skaggs and Betty J. Skaggs, his wife, recorded June 3, 1997, in Official Records Book 9821, Page 803, among the Public Records of Palm Beach County, Florida hereby subordinates the lien of its Mortgage to the Declaration of Restrictive Covenants by and between DSS Properties, LLC and the Florida Department of Environmental Protection. IN WITNESS WHEREOF, the undersigned has executed and delivered this Subordination of Mortgage to Declaration of Restrictive Covenants, this ~ day of ,2003. COLONIAL BANK, a National Banking Association WITNESSES: By: Print Name: Print Name Title: Print Name: STATE OF FLORIDA ) ss: ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 2003, by , as representative of Colonial Bank, a National Banking Association, who is personally known to me or has produced the following identification: Notary Public, State of Florida at Large Typed, printed or stamped name of Notary Public Page 6 of 8 Pages SUBORDINATION OF EASEMENT TO DECLARATION OF RESTRICTIVE COVENANT THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, as the second party under the following described instrument: Easement given by DSS Properties, L.L.C. a Florida Limited Liability Company, first party, to The City of Boynton Beach, a political subdivision of the State of Florida, second party, recorded November 16, 1999, in Official Records Book 11456, Page 383, et seq., among the Public Records of Palm Beach County, Florida hereby subordinates its rights under said Easement to the Declaration of Restrictive Covenants by and between DSS Properties, LLC and the Florida Department of Environmental Protection. IN WITNESS WHEREOF, the undersigned has executed and delivered this Subordination of Easement to Declaration of Restrictive Covenants, this ~ day of ,2003. WITNESSES: THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida By: Print Name: Print Name Title: Print Name: STATE OF FLORIDA ) ss: ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 2003, by , as representative of The City of Boynton Beach, a political subdivision of the State of Florida, who ~ is personally known to me or has produced the following identification: Notary Public, State of Florida at Large Typed, printed or stamped name of Notary Public Page 7 of 8 Pages SUBORDINATION OF RECIPROCAL EASEMENTS TO DECLARATION OF RESTRICTIVE COVENANT OCEAN BREEZE FESTIVAL PARK, INC., a Virginia corporation, as a party under the following described instrument: Declaration of Reciprocal Easements given between Ocean Breeze Festival Park, Inc., a Virginia corporation and DSS Properties, L.UC. a Florida Limited Liability Company, recorded August 28, 2000, in Official Records Book 11980, Page 539, et seq., among the Public Records of Palm Beach County, Florida hereby subordinates its rights under said Reciprocal Easements to the Declaration of Restrictive Covenants by and between DSS Properties, LLC and the Florida Department of Environmental Protection. IN WITNESS WHEREOF, the undersigned has executed and delivered this Subordination of Easement to Declaration of Restrictive Covenants, this ~ day of ,2003. OCEAN BREEZE FESTIVAL PARK, INC., a Virginia corporation WITNESSES: By: Print Name: Print Name Print Name: Title: STATE OF FLORIDA ) SS: ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 2003, by , as representative of Ocean Breeze Festival Park, Inc., a Virginia corporation, who ~ is personally known to me or has produced the following identification: M:\Corporate\DSS Restaurant\Declaration of Restrictive Covenant.wpd Notary Public, State of Florida at Large Typed, printed or stamped name of Notary Public Page 8 of 8 Pages V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEI C.10 AGENDA ITEM REQUEST NATURE OF AGENDA ITEM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office May 19, 2003 (Noon) Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) c. · [] Admimstrative [] Legal [] Announcement [] New Business ' [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 1, 2003 City Commission Agenda under Consent Agenda, Resolutions. The Intergovernmental Plan Amendment Review Committee (IPARC) recommended the changes to the School Concurrency Interlocal Agreement and the Palm Beach County School Board unanimously approved the amendments on February 17, 2003. EXPLANATION: The proposed changes follow one year of implementation of School Concurrency and are deemed necessary to make the implementation process easier and more realistic. A major change that affects all mumcipalities is the removal of the requirement for local governments to annually amend their Comprehensive Plans to update the School District's updated Five Year Capital Facilities Plan. A synopsis of the amendments is included in the backup as well as the amendment text showing the proposed deletions and additions in strikeout and underline format. Once all local governments approve the proposed changes, a new interlocal agreement will be circulated for execution. The objective is to have the changes effective by July 2003. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNAT~ N/A D~opment ID~ep~r~ni-fi i_h: c t o r ~lanmng ~'~d Zon~ector City Attorney / Finance / Human Resources JASHRDATA~PlanningXHUDSON~SCHOOL CONCURRENCY~Agenda Item Request-lnterlocal Amendments.dot SUMMARY OF PROPOSED CHANGES TO THE INTERLOCAL AGREEMENT Change in Statute numbering from Chapter 235 to Chapter 1013 Addition of a definition for "First FTE Student Count", ILA Page 6 Modification of language addressing the requirement for the municipalities to annually amend their Comprehensive Plans to adopt the School District's Six Year Capital Improvement Schedule, ILA Pages 11, 19 Change the transmittal of the draft Five-Year Plan from May 31 to July 1, to allow coordination with state projections and tax roll data, ILA Page 17 Allow for any party to the Interlocal Agreement to request an amendment to the School District's Five Year Capital Plan due to local government concerns which will not affect the level of service, ILA Pages 18, 19 Allow for a school's LOS to exceed the maximum utilization for a period not to exceed 2 years if a reliever school is planned and is under contract, /LA Page 25 Allow for a concurrency determination extension for 2 consecutive six month periods, providing the School District receives documentation that ,,,c aFF,,,,;aUon ~s progressing in gooa faith through the local government's process, ILA page 35 Combine the Management and Enrollment Reports into I annual report to streamline annual reports prepared by the Superintendent, and change the submittal date from July 1st to November 1st, ILA Page 41, 42 Combine the Program Evaluation and Monitoring Reports into I annual report to streamline annual reports prepared by TAG, and change the date from August Ist 2002 to December 1st of each year, ILA Page 42 Establish November 1st of each year as the date to reflect updates to the enrollment projections in the process to determine school utilization, /LA Page 29 S :~Planning~u blicU'NTERGOV~Concurrcncy\ln £orma~ion\l LAch angcs.doc RESOLUTION R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND OTHER MUNIC2ALITIES OF PALM BEACH COUNTY AND THE SCHOOL DISTRICT OF PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 25, 2001, the County, the Municipalities (including the City of Boynton Beach) and the School District of Palm Beach County entered into an Interlocal Agreement to establish public school concurrency; and WHEREAS, the proposed changes follow one year of implementation of School Concurrency and are deemed necessary to make the implementation process easier and more realistic; WHEREAS, staff has reviewed the amendments and recommends execution of the First Amendment to the Interlocal Agreement, a copy of which is attached hereto and made a part hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. Upon recommendation of staff, this Commission does hereby S:\CA\RESO~.greements\lntertocals\First Amendment to Interlocal - School Concurrency.doc authorize and direct the execution of this First Amendment to the Interlocal Agreement between the City of Boynton Beach and other Municipalities of Palm Beach County and the School District of Palm Beach County, which is attached hereto as Exhibit "A". Section 2 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CA\RESO~Agreements\lnterlocals\First Amendment to Inteflocal - School Concurrency.doc FIRST .4-MENDMENT TO THE PALM BEACH COUNTY INTERLOCAL AGREEMENT with MUNICIPALITIES OF PALM BEACH COUNTY and TItE SCHOOL DISTRICT OF PALM BEACH COUNTY To Establish PUBLIC SCHOOL CONCURRENCY This First Amendment to the Interlocal Agreement establishing Public School Concurrency is hereby entered into by and between PALM BEACH COUNTY (hereafter referred to as the "COUNTY", operating through its BOARD OF COUNTY COMMISSIONERS; those municipalities who have executed this Agreement (hereafter referred to singly as "MUNICIPALITY" or collectively as "MUNICIPALITIES"; and The "SCHOOL DISTRICT OF PAl_gA BEACH COUNTY" (hereafter referred to as the "SCHOOL DISTRICT", operating through the SCHOOL BOARD OF PALM BEACH COUNTY (hereafter referred to as the "SCHOOL BOARD" all of whom may collectively be referred to as the "PARTIES" to this Interlocal Agreement. WltEREAS, on January 25, 2001, the COUNTY, the MUNICIPALITIES, and the SCHOOL DISTRICT entered into the Interlocal Agreement to establish public school concurrency;, and Page 1 of 20 WHEREAS, the Lnterlocal Agreement, among other things, establishes a Technical Advisory Group (TAG) to periodically evaluate the school concurrency program and to recommend proposed amendments to the [nterlocal Agreement; and WHEREAS, the TAG on October 7, 2002, approved and issued a Program Evaluation Report for distribution to all PARTIES to the Interlocal Agreement recommending changes to the document; and WHEREAS, on November 7, 2002, and January 30, 2003, the Intergovernmental Plan Amendment Committee (IPARC), which consists of planning directors in Palm Beach County, reviewed the Program Evaluation Report and the recommended changes; and WHEREAS, pursuant to its terms, the Interlocal Agreement may be amended by written agreement of fifty-one percent (51%) of the PARTIES; and WHEREAS, the PARTIES hereto desire to amend the Interlocal Agreement as set forth as recommended by the Program Evaluation Report. NOW, THEREFORE, in order to amend the Lnterlocal Agreement, and in consideration of the mutual obligations and benefits conferred, the COUNTY, the MUNICIPALITIES, and the SCHOOL DISTRICT hereby amend the Interlocal Agreement as follows: All references to Florida Statutes Chapters 235 and 236 have been changed to Chapters 1013 and 1011. SECTION 1. Definitions are hereby amended as follows: First ~'IE Student Count- A first semester count of all "full time equivalent" students. The. date of the first FTE count is det~ca-dned by the Florida Department of Education each school year, pursuant to Chapter 1011.62, Florida Statutes.. Page 2 of 21 SECTION 2. Article ll.B. Required Concurrency Elements is hereby amended as follows: 3. Incorporate "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" which is in the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan into its adopted Capital Improvement Element, and keep on file the ~ u~at~ '~'~' e~.~,,~ ..... ;,.~ wi~h '&e updated and adopted SCHOOL DISTRICT'S Five-Year Capital Facilities Plan in order to set forth a financially feasible public school capital facilities plan, consistent with the adopted Level of Service Standards for public schools. SECTION 3. Article III.C Transmittal shall be amended as follows: The SCHOOL DISTRICT shall transmit copies of the proposed SCHOOL DISTRICT's Five Year Capital Facilities Plan along with data and analysis necessary to demonstrate the financial and feasibility of the Program to the Technical Advisory Group (TAG), the MUNICIPALITIES and the COUNTY on or before May-34. July 1 of each year commencing after the effective date of this AGREEMENT. Page 3 of 20 SECTION 4. Article III.F Material Amendment to the SCHOOL DISTRICT's Five-Year Capital Facilities Plan is hereby amended as follows: (b) That the modification, delay or deletion of a project is occasioned by unanticipated change m population projections or growth patterns or is required in order to provide needed capacity in a location that has a current greater need than the originally planned location and does not cause the adopted LOS to be exceeded in the CSA from which the originally planned project is modified, delayed or deleted; or (c) At the request of one of the PARTIES to this agreement, the project schedule or scope has been modified to ad_d_ress local government concerns, and the modification does not cause the adopted LOS to be exceeded in the CSA from which the ori~nally planned proiect is modified, delayed or deleted. SECTION 5. Article III.G Amend Comprehensive Plan is hereby amended as follows: Once the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan, the annual update, or any material amendment has been adopted by the SCHOOL BOAR.D, the COUNTY ,~ALri',,~IC?AL!TIES shall amend "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" of the Capital Improvement Element of ~ its Comprehensive Plans to include the changes in their next round of amendments. The COUNTY shall transmit the adopted copies of these -a,,~end~-nents to all signatories of this agreement within thirty (30) days of adoption. The MUNICIPALITIES in mm, shall follow procedures consistent with Rule 9J-5, Florida Admini~i~ative Code, to adopt the SCHOOL DISTRICT of palm Beach County Six Year Capital Improvement Schedule. Page 4 of 20 SECTION 6. Article W.A Process for Development and Adoption of Capital Improvement Element is hereby amended as follows: 1. The SCHOOL DISTRICT shall prepare and the COUNTY ~--~ *~-e ~,n rxrTt-,Tr~, ~ rr~:e shall adopt into the Capital Improvements Element of it__s thei~ comprehensive plan "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" of the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan set forth in Section III, in this AGREEMENT. SECTION 7. Article V.C Level of Service is hereby amended as follows: 5. Upon determination by TAG, ifa school is planned and under contract o, construction which will relieve capacity of an existing school, the existing school shall be allowe,[ to exceed the 120% maximum utilization for a period not to exceed 2 years. The former i:; intended to prevent the movement of students more than once. SECTION 8. Article V.F. SCHOOL DISTRICT Review of New Residential Proposals is hereby amended as follows: 3. Determine Utilization - Analysis of Enrollment to Capacity for Five years: The SCHOOL DISTRICT shall create a Development Review Table (DRT) (shown below) for each CSA, and will use the DRT to compare the projected students from proposed residential developments to the CSA's planned growth, enwllment, capacity and utilization (LOS) over the Five-year period. The Development Review Table produces a calculation of the Level of Service for each school type in each CSA. Enrollment proiections shall be based on the most recently adopted five year capita! plan and the DRT shall be updated to reflect these proiections by November 1s~ of each ye~ . Page 5 of 20 SECTION 9. Article V.G. Term of School Concurrency is hereby amended as follows: A Letter of Determination for School Concurrency, issued by the SCHOOL DISTRICT, shall be valid for one year from the date of issuance. A determination may be extended for two consecutive six month periods providing the SCHOOL DISTRICT receives documentation that the application is progressing in good faith through the local government's review process. Once the Local Government Specific Development Order is issued, the concurrency determination shall mn with the Development Order. SECTION 10. Article V.H. Suspension of Concurrency is hereby amended as follows: l(e) If concurrency is suspended in one-third or more of the CSA's pursuant to GH.2. of this section below. (Omitted for Brevity) 2(b) An annual first FTE count shows that an individual school exceeds the adopted LOS, and the SCHOOL DISTRICT has not maximized utilization and achieved the adopted LOS by th.e. subsequent first FTE student coun of Sc~'. Acc t, r~ox. (c) Where the School Board materially amends the first 3 years of thc SCHOOL DISTRICT'S Five-Year Capital Faciliti~ Plan in accordance with S~tion III G., and that amendment causes thc Level of Service to be exceeded for that ~ of school within a CSA, concurrency will b~ suspended within that CSA and the adjacent CSA's only for that type of school. Page 6 of 20 3. If the Program Evaluation and Monitoring Report in accordance with SectionVI.M K., below, recommends that concurrency be suspended because the program is not working as planned, concurrency may be suspended upon the concurrence of 33% of the Parties to this AGREEMENT. SECTION 11. Article VI.J. Management Reports is hereby amended as follows: Management and Enrollment Reports By July Ia November 1St of each year the School Superintendent shall submit an annual management report to the School Board and TAG detailing the stares of the SCHOOL DISTRICTs implementation of its adopted Five-Year Capital Facilities Plan. The Management Report will contain ......This report shall also contain the first FT£ enrollment count of all schools of each type in each CSA and each individual school. SECTION 12. Article VI.K is hereby deleted as follows: "r'~ ~ ~"T..T¢"~"~! T~TC?f'~> T~'~"r' 0..~,...;--,,.~,.I~..,, ~1,,~11 ~.,1,,,~, ~ .,~.1., .~..+ ~ *h~ SECTION 13. Article V.L. is her~y deleted as follows: Page 7 of 20 4. ...... I ~,$"+1..~ "T" A t'""_ e, 1,.~11 1,. .... T.,~;++,~.,i ~.,~ +1,.~ 'I~&T T'K]'T~"qTD A T T"T'T~ +1,-~ t-'t'"%T T~T'T'%7' ~1 Al! wi~in SECTION 14. Article VI.M. Program Evaluation Report is hereby amended as follows: ~-, K. Program Evaluation and Monitorlnll Report 1. On or before A~-4w2-00~, December 15, of each veax or at the request of any party to this Agreement, TAG shall imt4em comDlete an evaluation of the effectiveness of the program. This evaluation ~ shall consider but not be limited to the following: (a) Number of school concurrency suspensions by school type Co) Duration of school concurrency suspensions (c) Ability to achieve and maintain the adopted LOS (d) Timeliness of parties' response required by this AGREEMENT. (e) Operation and effe~,-tivenes$ of the concurrency program. (f) The accurac of reviou$ u il enrollment ro'ecfions corn at'ed Page 8 of 20 with actual enrollment: (g) The accuracy of previous population projections of each CSA compared with actual ,growth. (la) The accuracy of projected costs of school construction projects compared-with actual costs. tc t~i: Ac3P~EMENT:_The recommendations shall include, but not be limited to, suspension and changes to the following: SECTION 15. Article VIII.D. Coordinated Planning is hereby amended as follows: D. School District Data Publication The SCHOOL DISTRICT shall publish data concerning school capacity, including the enrollment of each individual school based on the first FTE student count 5v=. ~, the actual capacity of each school at the adopted level of service, the enrollment and capacity for all schools of each type in each concurrency service area. The SCHOOL DISTRICT shall specifically update the data upon meeting the following conditions: no later than fifteen (15) working days after the annual update of the SCHOOL DISTRICT's Five-Year Capital Facilities ithth firstFTE md .... h Plan; w e s ent count ~-° ....... ~-a. .....~ ................................ eac year; as new capacity becomes operational; when a SCS is approved; or as concurrency determinations are Page 9 of 20 SECTION 16. Except as expressly set forth herein, all terms and conditions of the I. nterlocal Agreement remain in full force and effect. SECTION 17. This Amendment to the Interlocal Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 18. Upon this Amendment being signed by the last required party, this First Amendment to the Interlocal Agreement shall be filed with the Clerk of the Circuit Court. This First Amendment to the Interlocal Agreement shall take effect immediately on the date filed with the Clerk of the Circuit Court and shall continue until terminated. Page 10 of 20 ATTEST: CITY OF BOYNTON BEACH By: City Clerk By: Mawr DATE: PROGRAM EVALUATION REPORT In conformance with the adopted Interlocal Agreement (II_A) for School Concurrency, the Technical Advisory Group (TAG) is required to issue a Program Evaluation Report on the findings and recommendations to the participating local governments and the School Board by November 1, ::>002, and every 2 years thereafter. Article VI. Section M. 2, Intedocal Agreement, Page 42. The Program Evaluation Report may recommend suspension or changes to the following components of concurrency: (a) Joint Planning and Coordination by parties to the Interlocai Agreement; (b) the LOS Standards; (c) the Interlocal Agreement; (d) the Public School Facilities Element's Goals, Objectives and Policies; (e) the CSA boundaries; (f) the local government Implementing Ordinance; and the (g) School District's Five-Year Capital Facilities Plan. In accordance with the Interfocal Agreement, on or before August 1, 2002, or at the request of any party to the Agreement, TAG shall initiate an evaluation of the effectiveness oi the program. This evaluation shall consider but no! be limited to the following criteria: (a) (b) (c) (d) (e) Number of school concurrency suspensions by school type Duration of school concurrency suspensions Ability to achieve and maintain the adopted LOS Timeliness of parties' response required by the Agreement Operation and effectiveness of the concurrency program Ar~cle VI. Sectio~ M. 1, Interlocal Agreement, Page 42. On July 22, 2002, TAG, at its regularly scheduled meeting, initiated the preparation of the Program Evaluation Report. RESPONSE TO THE INTERLOCAL AGREEMENT CRITERIA FOR THE PROGRAM EVALUATION REPORT The regulatory part of School Concurrency officially commenced on June 27a 2002. The following is a summary of the program to date: 27 applications for school concurrency determination were received and approved; 2 applications for school adequate public facilities determination were received; 4 applications for letters of no impact on the public school system; and 2 applications for equivalency determination due to change in development. (a) (b) (c) There have been no school concurrency suspensions Since there were no suspensions, duration of suspension is-not applicable The School District, through its recently adopted Five Year Capital Plan dated September 9"' 2002, will provide enough c~l;aci,'"y/student stations to maintain the tiered LOS and adopted LOS in accordance with the approved Interlocal Agreement and Public Educational Facilities Element of the local governments' Comprehensive Plans, except for one concurrency service area (CSA), (CSA lO) S:XJ~Inm~'i"g~°ublic~lNTERC-sOV~'oncus~'~ncy\TAG'd>RCX31t, A~ EVALUATION Rev102302.cle~ Page t (d) (e) In CSA 10, the high school, Royal Palm Beach High School, is projected to exceed the maximum utilization of 120% for at least one year 2004/2005 until the new high school 02-NNN is opened in the Acreage area. High School 02-NNN is scheduled to open in August 2005 to accommodate the growth occurring in the Acreage area and to provide enrollment relief to Royal Palm Beach and Wellington High Schools. Instead of moving the children temporarily from Royal Palm Beach High School and Wellington High School to new high school 96-JJJ until 02-NNN opens, the School District's Attendance Boundary Committee (ABC) and the Community's preference is to allow these schools to temporarily exceed the maximum .utilization while the reliever school (02 NNN) is under construction. ! -. 'The Intedocal 'Agreement presently does not allow for the LOS to exceed 120%, even with a School Capacity Study. The School District staff, under this Report's section entitled 'Recommended Changes to the Adopted Interlocal Agreement,' will address this issue. The majority of the local governments have been very cooperative, particularly the City of Greenacres, City of Lake Worth, the City of Palm Beach Gardens and the County. The School District is still working to obtain complete, accurate information from the Village of Wellington and the City of West Palm Beach. This coming year, the School District will make an effort to improve the coordination with these Cities by individually meeting with them and providing them with a format to submit information to the School District. The Concurrency Program has been very effective in making the School District staff aware of upcoming residential developments and their phasing/construction schedules. The major accomplishment of this Program is strengthening the coordinated planning between the local governments and the School District. School District staff is aware of the local governments' development plans, changes in their comprehensive plans, and land use patterns. This aids the School District staff in preparing population projections and planning fol. schools when needed to serve the student population. To date the Program has been successful and is accomplishing its objective to bdng coordinated planning to the school projection and construction process. S:'~lanning~blic~TERGOV',Con~ .... ~'\TAG'~PROORA~v[ EVALUATION Rev102302.do~ Page 2 RECOMMENDED CHANGES TO THE ADOPTED INTERLOCAL AGREEMENT After one year of working with the Interlocal Agreement and five months of implementation of school concurrency we have identified amendments to the Agreement to make it more realistic in implementation. The following is a list of suggested changes: Article I. Definitions Page 6 First FTE Student Count - A first semester count of all "full time equivalent" students. The date of the first FTE count is determined by the Florida Department of Education each school year, pursuant to Chapter 236.081, Florida Statutes. Article ll.B. Required Concurrency Elements Page 11 3. Incorporate "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" which is in the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan into its adopted Capital Improvement Element, '~-',~, ,-,~--*,- *~,-,, ~,-~-~,,~,,~ ..... ~,,,,,, wit. h-Abe and keep on file the updated and adopted SCHOOL DISTRICT'S Five-Year Capital Facilities Plan in order to set forth a financially feasible public school capital facilities plan, consistent with the adopted Level of Service Standards for public schools. Article III. C Transmittal Page 17 The SCHOOL DISTRICT shall transmit copies of the proposed School Distdct Five Year Capital Facilities Plan along with data and analysis necessary to demonstrate the financial and feasibility of the Program to the Technical Advisory Group (TAG), the MUNICIPALITIES and County on or before M=y 3! July 1 of each year commencing after the effective date of this AGREEMENT. Article III.F. Material Amendment to the School District's Five-Year Capital Facilities Plan Page 18 (b) That the modification, delay or deletion of a project is occasioned by unanticipated change in population projections or growth patterns or is required in order to provide needed capacity in a location that has a current greater need than the originally planned location and does not cause the adopted LOS to be exceeded in the CSA from which the originally planned project is modified, delayed or deleted; or (c) At the request of one of the parties to this aqreement, the.. project schedule or scope has been modified to address local government concerns, and the modification does not cause the adopted LOS to be exceeded in the CSA from which the odqinally planned project is modified, delayed or deleted. Article III.G. Amend Comprehensive Plan Page 19 Once the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan, the annua'T'update, or any mat~dal amendment has been adopted by the SCHOOL BOARD, the COUNTY Mg,M!C'P-~M=t-T!E$ shall amend "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" of the Capital Improvement Element of thei¢ it._~s Comprehensive Plans to include the changes in their next round of amendments. The COUNTY shall transmit the adopted copies of these amendments to all si.qnatodes of this agreement within thirty (30) days of adoption. The MUNICIPALITIES in turn, shall follow procedures consistent with Rule 9J-5, Flodda Administrative Code, to adopt the School District of Palm' Beach County Six Year Capital Impcovement Schedule. S:~OlanningLPublic~NTERGOVXConcurrency\TAGAPROGRAM EVALUATION Rev102302.doc Page 3 Article V. C. Level of Service Page 25 5. Upon determination by TAG, if a school is planned and under contract which will relieve capacity of an existinq school, the school shall be allowed to exceed the 120% maximum utilization for a period not to exceed 2 years. The former is intended to prevent the movement of students more than once. 5~_. Any PARTY to this AGREEMENT may propose to the TAG a modification of the adopted LOS standard at any time. Following a review and recommendation by TAG and concurrence by at least 51% of the LOCAL GOVERNMENTS to this AGREEMENT and the SCHOOL BOARD, the adopted LOS will be modified by addehdum to this AGREEMENT, and each LOCAL GOVERNMENT shall amend its comprehensive plan to reflect this new LOS in the next round of amendments. Article V.F.3. School District Review of New Residential Proposals Page 29 3. Determine Utilization - Analysis of Enrollment to Capacity for Five years: The SCHOOL DISTRICT shall create a Development Review Table (DIRT) (shown below) for each CSA. and will use the DRT to compare the projected students from proposed residential developments to the CSA's planned growth, enrollment, capacity and utilization (LOS) over the Five-year period. The Development Review Table produces a calculation of the Level of Service for each school type in each CSA. Enrollment projections shall be based on the most recently adopted five year capital plan and the DRT shall be updated to reflect these projections by November 1 ~ of each year. The Figures in the Development Review Table are explained below. Article V.G. Term of School Concurrency Page 35 A Letter of Determination for School Concurrency, issued by the School District, shall be valid for one year from the date of issuance. A determination may be extended for two consecutive six month pedods providinq the School Distdct receives documentation that the application is pro.qressin.q in Rood faith throu.qh the local Rovernment's review process. Once the Local Government Specific Development Order is issued, the concurrency determination shall run with the Development Order. Article V.H. Suspension of School Concurrency Page 36 e) if concurrency is suspended in one-third or more of the CSA's pursuant to GH.2. of this Section below. (b) 'i'h._~ SCHOOL D!STRICT does ~ot m'-._v.v!m!-"e ut!)!_-,.~t!o.~. ,,~ ~,.~,,,,.,m ,, .... ;,,, ~,, ,,it .... ;,,,-, -, _ ....................... ..... .~ ,~.,..,~,.,.~.~..~ , .... i ,.~ ~.,,~,.,~ ,, c~. An annual 1st FTE count shows that an individual school exceeds the adopted LOS, and the SCHOOL DISTRICT has not maximized utilization and achieved the adopted LOS by the subsequent 1st FTE student count; or Article V.J. Management and Enrollment Reports Page 40 By Ju!y !'* November 1~ of each year the School Superintendent shall submit an annual management report to the School Board and TAG detailing the status of the School S:XPtanning'~Oublic'dNTERGO"v~Concun-ency\TAGXPROGRAM E'VALUATION Rev102302.doc Page 4 District's implementation of its adopted Five-Year Capital Facilities Plan... This report shall also contain the first FTE enrollment count of all schools of each type in each CSA and each individual school. (Delete Article V.K see above) Enrollment Reports Page 41 each ~nd~';~d'J~ schcc~ by Februa~/ ! 5th. Merged into A~icle V.J. (Delete Article v.g see above) Monitoring Reports Page 41 1. The ...........: ~ ' with ~-ct'_'~-! enrc!!ment. 3. The 5ccuracy ''~ prcjected ccmpxred with act,_'2! casts. 3,!? annua! repcrts cf th~ TAG sba!! be subm!.".ed te the ,M'J,";!C!PAL!.~.ES, the ., ,~.,i.~.4 ,., ,,.., part!es '";*~';" ¢,,,., dcys "'* .... '~*;'"" Merged into Article V.J. M. Program Evaluation and Monitorin~l Report 42 On or before A,~4¢,~,~2~4~,, December 15, of each year or at the request of any party to this Agreement, TAG shall ic¢,~iate complete an evaluation of the effectiveness of the program. This evaluation shall consider .................. TAG shall issue a repc."t, on the findings and ........ ,4.,,;,.,,.o to :!!PARTIES by k, ..... ~.~. 4 -~nn'~ ...,,4 ....r! '~ y .... thereafter, ..,,4 ,,,;,~.;,. on days '~+"' recommendations shall include, but not be limited to, suspension and changes to the following: (a) Joint Planning and Coordination S:~Pla~ning~p,ablicglN-TERGOV~Concurrenc~,\TAG'~ROGRAM EVALUATION Rev102302.doc Page 5 PROPOSED SCHOOL CAPACITY STUDIES According to the Interlocal Agreement, after August 1, 2004, a School Capacity Study is to be undedaken by TAG to determine if a particular school can operate in excess of 110% capacity. The School Capacity Study shall be required if the school reaches 108% or above FISH capacity. The following Table depicts schools from the School District's Five Year Capital Plan and their projected LOS that may exceed the permanent FISH capacity. Currently, the School District's Five Year Capital Facilities Program does not show relief planned through new construction, boundary adjustments, or additions. Elementary Pro~,,cted Middle Projected High Schools Projected Schools 2004-05 Schools 2004-05 2004-05 LOS LOS LOS A. Mizner 109% W. B Duncan 108% P.B. Gardens 110% Melalueca 108% Polo Park 107% Royal Palm 125% Beach Coral Reef 108% Carver 109% Coral Sunset 108% Congress 110% A School Capacity Study will determine if the school: 1. Conforms with Article V.C.3 of the Interlocal Agreement for Public School Concurrency. (see below) 2. Demonstrates the facility's ability to accommodate more than 100% LOS, and 3. Demonstrates the ability of the school's program to allow the capacity to exceed 110% LOS of FISH up to.120% LOS. Article V. C. 3. The School Capacity Study provides: At a minimum, the (School Capacity) Study shall consider: (a) Demographics in the schools CSA; and (b) Student population trends; (c) Real estate trends, e.g. existing redevelopment redevelopment; and (d) Teacher/student ratios; and (e) Core facility capacity. and new The School capacity Study will present backgrOUnd, along with additional support data, including adjacent CSA capacity, analysis and assessment. 2. TAG shall issue a report on the findings and recommendations to all parties by November 1, 2002, and every 2 years thereafter, and within 90 days after the request for review by any party to this Agreement. The recommendations shalLinclude,-but not be limited to,. suspension and changes to the following: (a) Joint Planning and Coordination by Partie~ to this Agreement - The School District staff will prepare a format for obtaining consistent information from the local governments on a regular basis. This will ensure consistency of information. School District staff will also be meeting on an individual basis with the local governments zoning staff to periocrtcally check that school S:~lam~ing,PubUc~l]'4TERCK)V~Concurrc-nc~TAG'~,pR~ EVALUATION Rev 102.302.dm= Page (b) (c) (d) (e) (g) concurrency is being implemented in accordance with the Interlocal Agreement. LOS Standards - If the proposed change to the Interlocal Agreement to allow for a temporary level of service while a school is being constructed is approved, changes to the LOS standards would not be necessary. lnterlocal Agreement - Recommended changes as stated in this Report. Please see attached ILA excerpls. Goals, Objectives and Policies - Possible changes CSA boundaries - No changes recommended Implementing Ordinance - No changes recommended School District Five-Year Capital Facilities Plan.- Increase capacity at new high school NNN to 2500 and increase capacity at Jefferson Davis Middle School, and at 9911 to 1800 due to high growth as identified in the 11~' day student enrollment count. $:~Innning~'ubI~rERGOV~Co~TAG'~ROGRAM EVALUATION R~102302.do~ Page 7 Requested City Commission Meeting Dates [] April 1,2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 V.-CONSENT AGENDA ITEM C.I! CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) March 31, 2003 (Noon) April 14, 2003 (Noon) May 5, 2003 (Noon) Requested City Commission Meeting Dates [] June2,2003 [] June 17,2003 [] July 1,2003 [] July 15,2003 Date Final Form Must in to City Clerk's May 19, 2003 (Noon) June 2, 2003 (Noon) June 16, 2003(Noon) June 30, 2003(Noon) NATURE OF AGENDAITEM [] Administrative [] Legal [] Announcement [] ~New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to approve by Resolution, a modification to the existing Building Division Fee Schedule. EXPLANATION: The last time the Building Division permit fees were modified was April 18, 1995, by Resolution R95-44. Pursuant to Florida Statute 166.222, the governing body of a municipality may provide a schedule of reasonable inspection fees in order to defer the costs of inspection and enforcement of the provisions of its building code. Staff has recommended a modification in permit fees to supplement the operation of the Building Division. PROGRAM IMPACT: None FISCAL IMPACT: Reflect revenues to meet expenditures of the Building Division. ALTERNATIVES: None. I~art~nt ~'ff;s Signature t~ty Manager's S~gnature Development Department Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION R95-44, PROVIDING FOR AND APPROVING AN ADJUSTED FEE SCHEDULE FOR THE BOYNTON BEACH BUILDING DIVISION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Building Division permit fees were last increased on April 18, 1995, by Resolution No. R95-44; and WHEREAS, pursuant to Florida Statute 166.222, the governing body of a municipality may provide a schedule of reasonable inspection fees in order to defer the costs of inspection and enforcement of the provisions of its building code; and WHEREAS, the City Commission, upon recommendation of staff, deems it appropriate to increase the existing Building Division fee schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1_ The foregoing "Whereas" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. A proposed Fee Schedule is attached as Exhibit "A" a part hereof. Section 2. and made This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ATTEST: City Clerk day of April, 2003. CITY OF BOYNTON FLORIDA Mayor Vice Mayor Commissioner Commissioner BEACH, Fee Schedule (Addendum to Building Memorandum No. 02-295) Plans Filing Fees are calculated at 30% of the permit tee at the time o£ application for building related permits. This fee is non-refundable. I Current Proposed Fee Fee Building Permit Fee (1.6% of the (2.0% of the value of value of the proposed proposed work) work) Minimum Permit Fee $ 35.00 50.00 .... Reinspection Fee 25.00 40.00 Garage Sale Fee (maximum of 2 per year) 2.00 5.00 Building Board of Adjustment and Appeals Fee 100.00 200.00 Early Power Release Fee (commercial projects only) 0.00 150.00 Stocking Penrfit Fee 0.00 200.00 Temporary C.O. Fee 0.00 450.00 Temporary C.C. Fee 0.00 225.00 ~FpL Meter Placement Fee 0.00 25.00 Permit Extension Fee (maximum of three): First Extension 0.00 50.00 0.00 75.00 Second Extension 0.00 100.00 Third Extension Permit Application Extension Fee (maximum of three): 0.00 50.00 First Extension 0.00 75.00 Second Extension 0.00 ! 00.00 Third Extension Plan Review Resubmittal 0.00 0.00 First Resubmittal Each additional resubmittal at 10% of original p~rrcdt fee or $50.00 minimum Residential Revision Fee 0 (After plans are approved and permit is issued. One and two family dwellings.) 0.00 30.00 Each plan page 0.00 10.00_ Commercial Revision Fee (After plans are approved and permit is issued. Includes multi-family dwellings.) 0.00 50.00 Each plan page 0.00 10.00 rs- 3110/03 S :,,Development'~BUILD rNGXFeesLgee Schedule.doc DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-295 TO: FROM: DATE: SUBJECT: Quintus Greene, Director of Development Nancy Byrne, Assistant Development Director Don Johnson, Building Officia¢~ December 19, 2002 PROPOSED BUILDING DIVISION FEE SCHEDULE CHANGES In an effort to raise revenue to cover anticipated expenditures, we propose a minor restructuring of the present building permit fees to cover the cost of the future Building Division budget request. During the period of October 1, 2001 through September 30, 2002 the Building Division issued 6,936 permits. The minimum permit fee is currently $35.00. This amount does not cover our administrative or inspection costs. The Building Division is proposing to increase the minimum permit fee to $50.00. This will help to deft-ay the cost of conducting business without burdening those who are least able to afford the fee increase. We also propose to increase building permit fees from 1.6% to 2%. The last permit fee increase was on April 18, 1995 by resolution R 95-45. The Building Division revenue for 2001/2002 was $773,647.01. The proposed 2% increase in permit fees would increase the fiscal year 2002 revenue an additional $15,472.94. Our existing computer system is being expanded to a rational data base system, which will link all electronic files into a common search engine. It will be a web enabled system and will provide telephone automation, dramatically increasing customer access to services and public information. The capital investment to increase our services by the upgrade of this computer system is estimated between $150,000.00 and $200,000.00. To streamline our retention operation, we have begun a scanning process to expedite the backlog of City records and provide customer service in a prompt manner. Since the inception of our scanning process in April 2001 the Building Division has scanned 261,000 documents. Additional equipment is required to allow us to service requests in a timely manner and increase productivity. We propose to purchase a new and faster document imaging scanning system that will handle larger documents, reduce costs, and increase productivity. The cost of the new document imaging system is $7,320.00. The Building Division is also proposing to purchase a faster large format scanner, which will increase productivity and allow for faster turn-around of documents, thereby improving customer service. This equipment would cost $24,705.00 and would be budgeted in the 2003/2004 fiscal year. The Building Division's bottleneck at this time is the large format scanner due to the volume of record requests received. The Building Division, in fiscal year 2001/2002, received and completed 1,230 public record requests. Memo to Quintus Greene and Nancy Byrne December 19, 2002 RE: PROPOSED BUILDING DIVISION FEE SCHEDULE CHANGES Page 2 of 2 Pages In conclusion the Building Division proposes the following fees and fee changes to our current fee schedule for building related services: Current New (1.6 % of (2 % of value of value of construction) construction) Plans Filing Fees are calculated at 30% of the permit fee at the time of application for building related permits. This fee is non-refundable. Minimum Permit Fee $ Reinspection Fee Garage Sale Fee (maximum of 2 per year) Building Board of Adjustment and Appeals Fee Early Power Release Fee (commercial projects only) Stocking Permit Fee Temporary C.O. Fee Temporary CC Fee FPL Meter Placement Fee Permit Extension Fee (Maximum of three): First Extension Second Extension Third Extension Permit Application Extension Fee (maximum of three): First Extension Second Extension Third Extension 35.00 25.00 2.00 100.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50.00 4O.O0 5.00 200.00 150.00 200.00 45O.0O 225.00 25.00 50.00 75.00 100.00 0.00 0.00 50.00 0.00 75.00 0.00 100.00 Upon your approval of the proposed fees, I would like to forward this in the form of a resolution to the City Commission for their approval. DJ:rs Attachments XC: Timothy K. Large, Building Code Administrator S:kDevelopmentkBUILDINGXBuilding DivkDocumcntskMcmos in WordkMcmos to Development Admin - 2002~Proposed Building Division Fee Schedule Changes.doc Fee Schedule (Addendum to Building Memorandum No. 02-295) Justification Additionally, we plan two fees that are not specifically intended to raise revenue. In addition to the problem of raising workloads, plans are submitted by architects, engineers, contractors, and etc. that are not adequately prepared for review. When corrections are requested, they do not address these corrections adequately, if at all. We sometimes review the same set of plans two and three times or more, and make the same comments each time. These additional reviews bog down the system, and substantially slow the process. As incentive to do things correctly, we propose to allow only one resubmittal after the initial review. For each additional resubmittal, 10% of the or/g/nal permit fee or a minimum of $50.00 will be charged. Legitimate changes do occur dur/ng construct/on. However, many developers intentionally submit generic plans to begin the construction process, knowing that numerous revisions will be necessary before the completion of the project. Again, these extra reviews inundate the system and slow the permitting process. We propose to charge a base revision fee of $50.00 for commercial plans, $30.00 for residential plans and $10.00 per plan page. It is our hope that these resubmittal/revision fees will yield a reduction in unnecessary work, rather than additional revenue. TKL:rs 3/10/03 S:~Devel°prnen t~B UILDINGknees~ee Schedule.doc TO: FROM: DATE: DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-045 March 11, 2003 SUBJECT: PROPOSED BUILDING DIVISON FEE CHANGES Attached for your review is the support documentation that has been reviewed by administrative staff regarding proposed changes to our existing Building Division Fee Schedule. It has been recommended that I process forward with these changes. Please review and move these proposed fee schedule changes forward to the Commission for their approval as soon as possible. Also attached is an Agenda Item Request form. DJ:rs Attachments XC: Quintus Greene, Director of Development Nancy Byme, Assistant Development Director Timothy Large, Building Code Administrator S:\DevelopmentXBUiLDiNGhMernosXMemos to City Attorney - 2003XProposed Building D/v Fee Changes.doc V.-CONSENT AGENDA TTEM D.1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOmvi Requested City Commission Meeting Dates [] Apr/1 1,2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 1, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved, and specifically as recommended by staff to apply the setback modification to all lots within the plat that also abut the L.W.D.D. (E-4) canal (lots #6 through #23). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-061. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Lakes/Hastings Lane (MPMD 03-001) Jack and Lucyna Lamb Jack and Lucyna Lamb and Claudine and Chris McCarthy 22 Hastings Lane / 40 Hastings Lane, Boynton Lakes PUD Request to amend the Boynton Lakes PUD Master Plan to reduce the rear yard setback from 10 feet to 2 feet for Lots #22 and #13, Block 10 of Plat No. 4 of Boynton Lakes North PUD, to allow the construction of hard-roof room additions. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~, Devel~ment Dep~n¥I~trector City Managexl~ Signature y Planning and Zonitfg tDirector City Attorney / Finance / Human Resources S:LPlanningXSHARED\WPLPROJECTSXBoynton Lakes- Hastings LaneXAgenda Item Request Boynton Lakes Hasing Lane MPMD 03-001 4-1-03.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-061 STAFF REPORT Chairman and Members Planning and Development Board and City Commission Michael W. Rumpf Director of Planning and Zoning Maxime Ducoste-A. Planner March 10, 2003 Boynton Lakes-Hastings Lane/MPMD 03-001 Master Plan modification to reduce the rear yard setback from 10 feet to 2 feet for two homes in Plat #4 to allow hard roof room additions. Property Owners: Applicant/Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PROJECT DESCRIPTION Jack and Lucyna Lamb, Lot 22; Chris and Claudine Mc Carthy, Lot 13. Jack and Lucyna Lamb / Chris and Claudine Mc Carthy. Boynton Lakes (P.U.D.) Plat No. 4 Low Density Residential (LDR)/PUD No changes proposed Home improvements or expansions 54.7 Acres Single-family detached zero lot line homes (Boynton Lakes PUD); Single-family detached zero lot line homes (Boynton Lakes PUD); Right-of-way for the L.W.D.D. E-4 Canal; and farther east the High Rdige Countw Club golf course; Right-of-way for Hasting Lane and farther west Single-family detached zero lot line homes (Boynton Lakes PUD). Staff Report Memorandum No PZ-03-061 Page 2 BACKGROUND Jack and Lucyna Lamb with Chds and Claudine Mc Carthy, residents of Boynton Lakes P.U.D. Plat No. 4, are requesting that the Master Plan for Boynton Lakes P.U.D. Plat No. 4 be modified to reduce the minimum rear yard setback, as described within the attached letter of request. The request is to reduce the current ten (10) foot rear setback to two (2) feet to allow hard-roof room additions. Both properties are located on Hasting Lane and back up to the E-4 Canal. Boynton Lakes was the first P.U.D. to be established in the City of Boynton Beach. The subject plat is a single-family detached zero lot line residential development, comprised of 172 platted lots on 54.7 acres. The P.U.D. is located on the east side of Congress Avenue between Hypoluxo Road to the north and L.W.D.D. (L-19) Canal to the south (see Exhibit "A" - Location Map). O n May20, 1 986, the City Commision approved the final plat and construction plans for this portion of Boynton Lakes. All 172 lots are developed. The typical lot size within this P.U.D. is 5,000 square feet (50 feet x 100 feet). All lots front on an internal road network providing ingress and egress to Congress Avenue and Hypoluxo Road. Originally, the approved building setbacks were: 20 feet front yard, 15 feet side yard and 15 feet rear yard. City records indicate that an amendment to the approved rear setback was approved in September 1989 to allow a 10 foot rear yard setback. Chapter 2.5, Planned Unit Development, of the City Land Development Regulations states that changes in planned unit developments shall be processed through the Planning and Development Board and the City Commission. ANALYSIS The Master Plan (see Exhibit "B") submitted by the applicant identifies the two properties subject to this request. Staff also prepared a typical lot layout depicting the proposed two (2) foot rear setback and the current ten (10) foot rear setback (see Exhibit "B"-Proposed Setback). This request was reviewed for consistency with the P.U.D. development standards in the Land Development Regulations, Chapter 2.5, Planned Unit Developments. There are no minimum yard setbacks required within PUD's. These are approved with the PUD Master Plan. A s such t he approved setbacks for B oynton Lakes d o not conform to setbacks required for conventional single-family zoning districts. With respect to the changes requested, the original building setbacks were established consitent with other zero lot line developments in the City. The purpose and intent of building setbacks is to create separation between units. This is accomplished by allowing the building to be set a certain distance away from the property lines. In this case, a 10 foot rear yard setback is required. It should be noted that the minimum rear yard setback allowed in conventional single-family zoning districts is 25 feet to the property line. " Staff reviewed the subject request focusing on the applicant's justification statement contained in Exhibit "C". There exist special conditions peculiar to the subject parcels. The rear yards for both lots #6 through #23 are located adjacent to the L.W.D.D. (E-4) Canal to the east. There is approximately 85 feet of open space beyond the subject property lines to the center line of the E-4 Canal. In total, this canal easement provides a separation of approximately 170 feet between the adjacent recreation property to the east (High Ridge Country Club golf couree) and the subject parcels. With respect to impacts on the area, staff acknowledges that if the standard building envelope is expanded closer to the rear property line, the impacts on adjacent properties can include reduced light, air flow, and views. In this case, the impacts upon the abutting parcels are not significant due to the openness and the great distance separating the single-family residences and nearby High Ridge Country Club golf course. The reduction in the approved Staff Report Memorandum No PZ-03-061 Page 3 rear yard setback would likely generate no negative impact upon adjacent properties. It should be noted that'along the rear of both properties subject to this request, there is also an 8-foot utility easement within the rear yard setback. The reduction of the rear yard setback to two (2) feet would result in a building encroachment into the easement. It should be noted that Chapter 5, Platting Section 10. Easements does not allow any encroachment of utility easements. The City's Department of Public- Works, Engineering Division reviewed this specific request and issued a memorandum indicating they have no objection regarding placement of improvements in this utility easement as city utility lines are located in the front of the properties in the neighborhood (see Exhibit "D" - Memorandum No. 02-232). Furthermore, the other utility companies signed consent forms indicating that this easement is not being utilized for any utility support. RECOMMENDATION Staff recommends that the request for the reduction in the minimum rear yard setback from 10 feet to two (2) feet be approved for the following reasons: 1. This request will not be injurious to the area or detrimental to the public welfare; 2. The existing location of the subject lots adjacent to L.W.D.D. E-4 Canal; and 3. The intent of typical setback requirements will be met in the subject plat. To maintain uniformity along the rear of the properties backing up to the E-4 Canal, staff recommends that this setback modification include Lots #6 through #23. This recommendation is subject to the conditions listed in Exhibit "E" Conditions of Approval, including any necessary amendments to the Association documents which may show or list the rear yard setback as being 10 feet. MD S:~Planning\SHARED\WP',PROJECTS\Boynton Lakes-Hasting Lane\Staff report.doc Location Map BOYNTON LAKES MPMD 03-00-1 EXHIBIT "A" C3 SITE~/ BOYNTON PLAT ~4 800 REC LWDD E-4 CANAL 800 Feet EXHIBIT "B" BOYNTON LAKES MASTER PLAN RESlOEN ~'IAL ~VATERVIE~M 4.'-" / r,..,~-~ PROPOSED SETBAq;K/ 5Uf'IFE¥- I~1 I)6. 'riff .T ,~/].~//' /F,,,', /. ~7 rV.¢.. ) t ~ , ' , tURreT IW N~ HKPl THI NlWl~ TKnNlCAK gTA~ARDS tON eunvBr RULR 21HH-S.O], rOU~ATI~ Or IXIITI~ BUI~I~8 GTI~ Be~ 8URrACl ~ ~AT~. -- '.' -': ::'.:"i Jack Robert & Lucyna Lamb 3220 NE 5th Drive Boca Raton, FL 33431 fS~) 3~a-75~1 December 9, 2002 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33426 Subject: FOR: Claudine & Chris McCarthy 40 Hastings Lane Boynton Beach, FL (561) 964-2357 EXHIBIT "C" , ,.t Application for set back change on Boynton Lakes North Plat No. 4 (PUD) 22 Hastings Lane, Plat #4, Block 10 Lot#22 40 Hastings Lane, Plat #4, Block 10, Lot #13 Dear: Mr. Rump, Director of Zoning and Planning As per our November 20 pre-application meeting, this letter is set forth as an application to the City of Boynton Beach to reduce the rear set back from 10 feet to 2 feet for two properties backing up to the E-4 Canal on Hastings Lane. The properties are owned and described as follows: 3ack and Lucyna Lamb of Chris and Claudine McCarthy of 22 Hastings Lane, Plat 4, Block 10, Lot #22 and 40 Hastings Lane, Plat 4, Block 10, Lot #13. The Lambs (the owners of 22 Hastings Lane, Plat 4, Block 10, Lot #22) are asking to reduce the 10-foot setback so that a screened-in, hard-roofed porch can be added to the back of the home. The McCarthys (the owners of 40 Hastings Lane, Plat 4, Block 10, Lot #13) are asking to reduce the 10-foot setback so that an addition can be built. The addition would be a glass- enclosed, hard-roofed Florida Room (with partial cement walls for support on either side) encompassing the existing 9.5-foot screened-in, hard-roofed porch space plus an additional 8 feet beyond that, for a total of 17.5 feet. As an alternative, the McCarthys would consider enclosing their existing screened-in, hard- roofed porch in order to transform it into a Florida Room (glass-enclosed, hard-roofed with partial cement walls on either side for support) - which would not require a change in the setback - and building an 8-foot, screened-in, hard-roofed porch beyond that. Justification statement: · This request only affects the rear of the properties. · Both properties will still have at least 30-feet of open green space beyond their property lines, plus 80-feet of E-4 canal space. · Beyond the canal is the High Ridge Country Club golf course, which is bordered by tall palm trees. · All of these factors combine to allow for an abundance of air, light, green space and views of the canal and surrounding areas for these property owners as well as neighboring property owners. · This also allows enough space to accommodate access by trucks or emergency vehicles. · Drainage will not be a problem as evidenced by the other houses on Hastings Lane, most of which already have back porches. · At least 80 percent of the houses on Hastings Lane already have screened-in, hard-roofed porches, and one has a swimming pool, at the rear of their properties. · Changing the setback to allow for the addition of and/or expansion of porches and/or Florida Rooms on these properties will also benefit the other residents of the neighborhood by increasing property values. Pictures of both rear portions of the lots are included. The next-door neighbors of each property have not objected to the modification of the setback. (See attached letters.) The undersigned unit owners of the above-described properties of Boynton Lakes North, petition the City of Boynton Beach to change the treatment of the setback as stated above. 22 Hastings Lane Boynton Beach, FL Mr. ]ack R. Lamb 40 Hastings Lane Boynton Beach, FL Mr. ~'h~s- McCarthy - J/ I~rs. Claudine I~lcCarthy DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-232 TO: FROM: DATE: RE: Don .rohnson Building Official Department of Development H. David Kelley,/tr., PE/PSM~" City Engineer November 18, 2002 Rear Lot Utility. Easement Usage Lot 22, Block 10, Boynton Lakes - Plat No. 4 (P.U.D.) Pursuant to the request of the property owner for the above noted property (Lucyna & .rack Lamb, 3220 N'E 5th Drive, Boca Raton, FL. 33431) and their request to construct a screen covered porch upon a portion of the rear yard utility easement, this Division reviewed the existing utilities supporting the property. In addition, we reviewed those Easement Consent Forms submitted by both the telephone company and the cable company. In lieu that the'rear utility easement is currently not being used for any support utility and it appears that no utility company is anticipating utilizing this easement, therefore this Division has no objection in allowing a screened covered porch to be constructed upon it. If you have any questions regarding this matter, please advise me at x6488. HI)lOck XC: Frantz LaFontant, En~neering Inspection Ken Hall, Engineering Plans Review Analyst File S:\EngineermgLKribs\Lamb, Lt. 22. BLk. 10 Boynton Lakes ,~t - Utility Easement Usage. doc EXHIBIT "E" Conditions of Approval Project name: Boynton Lakes/Hastings Lane File number: MPMD 03-001 Reference: 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: 1. Modify the association documents if necessary to show a 2-foot rear yard X setback for Lots #6 through #23 prior to issuance of a building permit for Lots #13 or #22. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. A hold armless agreement shall be required from all utility companies to X authorize the placement of any building addition or any structures within the 8-foot utility easement on Lots # 6 through #23 within Block 10. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:LPlanning\SHARED\WP~PROJECTS~Boynton Lakes-Hastings Lane\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME :Boynton Lakes/Hastings Lane APPLICANT'S AGENT: Jack & Lucyna Lamb / Claudine & Chris McCarthy APPLICANT'S ADDRESS: 3220 NE 5th Dr. Boca Raton, FL 33431 40 Hastings Lane Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 1, 2003 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: 22 Hastings Lane & 40 Hastings Lane, Boynton Lakes PUD. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby .... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJECTS\Boynton Lakes- Hastings Lane\DO.doc City Clerk V.-CONSENT AGEN DA TEM D.2 CITY OF BOYNTON BEA AGENDA ITEM REQUEST Fot v Requested City Commission Meeting Dates [] April 1, 2003 [] April 15,2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 1, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved, and specifically as recommended by staff to be represented by more general wording to accommodate similar industrial uses without automatically requiring a use approval request. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-066. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: ITT Industries, Inc. (USAP 03-001) Dennis Ramsey, Production Manager Premier Asset Management Premier Gateway Center @ Quantum Park Lots 32-38) Request for use approval for assembly and distribution of reverse osmosis and desalinatm equipment on lots designated "Industrial" in the Quantum Park PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A De~t6'p{nen~De-p~rtment Director City Man~ger'~ignature V Planning and Zonmg42)~rector City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTS\QUANTUM 2000~LOTS 32 - 38\USAP 03-001-ITT Induslxies~Agenda Item Request ITTS Industries USA5' 03-001 4-1-03.dot S:~BULLETINLgORMS\AGENDA ITEM REQUEST FORM.DOC TO: TH RU: FROM: DATE: PRO.1ECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-066 Chairman and Members Planning and Development Board Planner March 19, 2003 Michael Rumpf Director of Planning and Zoning Eric Lee Johnson, AICP Industries (USAP 03-001) Use Approval for Manufacturing Business in Quantum Park PID Property Owner: Applicant/Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South East: PRO3E(~I' DESCR~P'I'ZON Premier Asset Management Mr. Dennis Ramsey with 1T1' Industries, Inc. 3610 Quantum Boulevard (Quantum Park Lots 32 through 38) Industrial (:[ND) / Planned Industrial Development Same as above Assembly and Wholesale Distribution for Reverse Osmosis and Desalination Equipment Operation N/A Quantum Park Lot 93, zoned PID with a Sand Pine Preserve Master Plan designation; Gateway Boulevard right-of-way and farther south is a Quantum Park Detention Area (Tract "Q" - Water Management Tract on the Quantum Park DRI Master Plan); Quantum Park Detention (Tract "]" - Water Management Tract on the Quantum Park DRI Master Plan) and farther east is vacant land zoned R1- AAA; and West: Quantum Boulevard right-of-way. Page 2 Memorandum No. PZ 03-066 BACKGROUND On April 18, 2000, the City Commission approved a project previously known as the Quantum Business Center (NWSP 00-00I) on Quantum Park Lots 32 through 38. Premier Asset Management is currently constructing three (3) buildings totaling 336,050 square feet on that site (see Exhibit "A" - Location Map). Mr. Dennis Ramsey with 1TT Industries, Incorporated, is requesting use approval for an assembly and wholesale distribution operation of reverse osmosis and desalination equipment. The proposed business, 1-I-I' Industries Incorporated, wants to lease nearly half of Building Number Two at 3610 Quantum Boulevard. According to the applicant, 36,000 square feet will be used for assembly / warehouse space and the remaining 9,000 square feet will be used for office purposes. According to the application, the company currently employs 62 people, of which, 30 work in manufacturing and warehouse positions while the remaining balance of staff works in office administration and engineering. ANALYSZS According to the current Master Site Development Plan (Amendment No. 13) for the Quantum Park PID, the subject parcels (Lots 32 through 38) are classified as Industrial (IND). Unlike other conventional zoning districts, the zoning code does not set forth specific uses permitted in a PID. Pursuant to Chapter 2 - Zoning, Section 7.E., in a PID, a 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 ll.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 Planned Industrial Development District. The Quantum Park PID has a list of permitted uses (see Exhibit "B" - Quantum Park of Commerce PID Permitted Uses). Specific business uses are listed for each lot under the Industrial (IND) heading. The only general business use classification under the Industrial (IND) heading is for businesses engaged in Warehouse, Distribution, and Wholesale. The assembly and wholesale distribution of reverse osmosis and desalination equipment would be permitted in the conventional M-1 zoning district. Businesses that engage in machinery equipment, appliances, parts, and tools (limited to assembly of finished parts and materials) are permitted uses in the M-1. zoning district according to Chapter 2, Section 8.A.l.a.(14). As such, it would be an appropriate use for the Quantum Park PID. The Quantum Park Industrial (IND) designation does not list this general use category. 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(s). 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. Page 3 Memorandum No. PZ 03-066 The applicant's responses are listed below: Noise: All operations will be performed indoors with the exception of loading and unloading of trucks and fork-truck use in outside storage / truck-well areas. Noise indoors is within O.S.H.A. acceptable levels. 2. Vibrations: Our operations do not create vibrations. 3. Smoke, dust, dirt, or other particular matter: Any emissions from our operations will not cause damage as outlined in this clause and will conform to applicable governing regulations. 4. Odors and fumes: No odors or fumes are emitted that would violate this clause. 5. Toxic or noxious matter: No toxic or noxious matter is discharged from our operations. Fire and Explosion: All flammable or explosive materials used or stored on our site meets O.S.H.A. and Palm Beach County codes. If Chapter 9 of the Boynton Beach Land Development Regulations is more stringent, Water Equipment Technologies will comply. 7. Heat, Humidity or Glare: Any heat or glare produced by our operations is contained within our facility and is not perceptible outside the building. 8. Uquid Waste: Any liquid waste shall be disposed of in conformance with Chapter 10 of the City of Boynton Beach Code or Ordinances. 9. Solid Waste: Any solid waste shall be disposed of in accordance with Chapter 10 of the City Of Boynton Beach Code of Ordinances. 10. Electromagnetic Interference: Water Equipment Technologies' operations do not create electromagnetic radiation. 11. Hazardous Naterials and Hazardous Waste: Water Equipment Technologies will not be generating hazardous waste at the Boynton Facility. At our current facility, we have a painting operation that will be disbanded upon moving to Boynton Beach. Our painting requirements will be outsourced to subcontractors, Water Equipment Technologies does have some hazardous materials stored on-site for our use and resale to our customers (welding gases, acetone, acid based powdered cleaners, etc.). We understand that an Environmental Review may be required and Water Equipment Technologies will comply with all Boynton Beach codes and ordinances (see Exhibit "C"- Conditions of Approval). l~t is the opinion of staff that the proposed assembly and distribution of Reverse Osmosis and Desalination Equipment is consistent with the intent and purpose of the Quantum Park PID. The proposed use(s) would not violate the performance standards listed above. The Quantum Park DR! is currently approved for a very diverse group of uses. The purpose of the P~[D is to provide a zoning classification for light industrial development. Regulations for the P!D are intended to 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." Page 4 Memorandum No. PZ 03-066 REC0MMENDATZON Use approvals for the Quantum Park PID are typically granted for specific businesses and for one or more use categories (i.e. "Industrial'; "Commercial'; Mixed Use'; etc.) rather than a single parcel. If this request for use approval is granted, the assembly and distribution of reverse osmosis and desalination equipment would be allowed in Building Two of Lots 32 through 38 as well as the other lots designated with the Industrial (IND) Master Plan use option. However, if approved, staff recommends that the subject request for use approval be worded more generally to accommodate similar manufacturing and assembly type of businesses. A more generalized use option for the Industrial (IND) designation would avoid unnecessary and repetitious requests for use approval of similar manufacturing / assembly uses. Therefore, staff recommends that the list of permitted uses for the Quantum Park P[D be amended to allow for the following: "Manufacturing, fabrication, and processing of machinery, equipment, appliances, parts, and tools, limited to assembly of finished parts and materials". This use is currently permitted in the M-1 zoning district under Chapter 2, Section 8.A. 1.a.(14). All Technical Review Committee and staff comments are ouUined in the project's Conditions of Approval (see Exhibit "C" - Conditions of Approval). Any additional conditions recommended by the Planning and Development Board or the City Commission will also be placed in Exhibit "C" - Conditions of Approval. LG/eU S:~Planning~SHARED~WF~PROJECTS~QUANTUM 2000~OTS 32 - 38~USAP 03-001*ITT IndusUies\Staff Reoort -USAP 03001 .doc Location Map Quantum Park Lots 32-38 USAP 03-001 EXHIBIT "A" pt C3 PID o, / O~ NIC : '--4 NI~ HC, T4~ 1A L--WA-Y--~% DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 03-028 EXHIBIT "B" DATE: January 24,2003 RE: Quantum Park of Commerce PID - Permitted Uses (Update of Previous Memorandum dated September 1, 1999 (Memorandum No PZ 99-215, January 12, 1989, June 22, 1990, October 16, 1992, July 9, 1998, March 13,200, October 16, 2001, September 9, 2002 and correction of error on Memorandum dated August 5, 1992) The following uses have been approved to date by the Planning and Development Board at the Quantum Park of Commerce Planned Industrial Development: CLUB v' Professional and Business Offices ~ Nursery Schools and Day Care Centers1 COMMERCIAL Professional and Business Offices Nursery Schools and Day Care Centers1 Used and New Car Sales (CARMAX) Gas Station with Convenience Store and Car Wash3 Restaurants with orwithout Drive-through5 ,,' Retail (only on Lots with the commercial use option per the Quantum DRI Master Plan) Co OFFICE ,/ Professional and Business Offices · ~ Nursery Schools and Day Care CentersI Do INDUSTRIAL 2 · , Solvent Distribution Facility v' Warehouse, Distribution, Wholesale v' Electronics Manufacturing v' Research and Development Laboratories v' FP&L Substation (utility facilities) v' Research, Development, & Manufacturing of Spray Dispensing Systems and Chemical Specialty Liquid Products (Packaging Concepts) v' Cosmetics and Perfume Manufacturing (BGI) Manufacturing, Fabrication, and Assembly of Furniture Stone cutting and finishing (Odana Granite Lot 50-A [CC 6-6-00]) Design, Manufacturing, Storage, Distribution of D~cor Elements (Ed Carey design) Outdoor Storage4 Assembly of Automated Packaging Machines & Ancillary Office & Warehouse Eo RESEARCH AND DEVELOPMENT INDUSTRIAL v' Motor Vehicle Emissions Testing Facilities GOVERNMENTAL/INSTITUTIONAL Public High School Fraternal Order of Police Clubhouse Td-County Railroad Station, Park & Ride Rehabilitation Hospital6 HOTEL ,,' Studio Suites EXHIBIT "B" In addition to the uses listed above which specifically require an environmental review permit, any use which uses, handles, stores, or displays hazardous materials, or which generates hazardous wastes, as defined by 40 Code of Federal Regulations, Part 261, shall also require an environmental review permit in accordance with Section 11.3 of Appendix A, Zoning. 1 2 3 4 5 6 Requires Conditional Use Approval (See Section 11.2 of Appendix A, Zoning) Requires Environmental Review (See Section 11.3 of Appendix A, Zoning) Applies to Lot 65BoMobil and Lot 91 Hess Applies to Lots 32-38, 68A-70,72, and 73A-76 with conditions (maximum 15% of site) Applies to Lots 81 and 82 only. Applies to Lots 48A, 48B, and 48C only. MWR/Ig S:\Planning\SHARED\WP\PROJECTS\QUANTUM\USAP\QUANTUM PARK PID use list rev 1-24-03 EXHIBIT "C" Conditions of Approval Project name: Quantum Park Survivors Charter School File number: USAP 02-003 Reference: 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 FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The proposed use(s) may be subject to Environmental Review. Staff will X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT determine if Environmental Review is required prior to the issuance of an [ occupational license. I ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. S:\Planning\SHARED\WP\PROJECTS\Quantum Park Survivors SchooI\USAP 02-003\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: ITT Technologies, Incorporated APPLICANT'S AGENT: Dennis Ramsey with ITT Industries, Incorporated APPLICANT'S ADDRESS: 832 Pike Road West Palm Beach, FL 33411 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 1, 2003 TYPE OF RELIEF SOUGHT: Request use approval for an assembly and distributor of Reverse Osmosis and Desalination Equipment in Quantum Park PID. LOCATION OF PROPERTY: 3610 Quantum Boulevard DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit mC" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\QUANTUM 2000\LOTS 32 - 38\USAP 03-001-ITT Industries\DO.doc V.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM F. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meetin~ Dates Date Final Form Must be Turned in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~ .. [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business " 'C-' RECOMMENDATION: Approval of a $3,000.00 donation to the Gulfstream Council of the Boy Scouts of America from the department's law enforcement trust fund. EXPLANATION: In accordance with Florida State Statute 932.7055 the department maintains a law enforcement trust fund, which contains the cash, proceeds of property forfeited to the agency pursuant to the Florida Contraband Forfeiture Act (FCFA). The statute provides that any law enforcement agency that acquires at least $15,000.00 pursuant to FCFA within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drag abuse education, drug prevention, crime prevention, safe neighborhood or school resource officer programs. PROGRAM IMPACT: This donation to the Boy Scouts of America aids in their crime prevention and drug abuse prevention programs. FISCAL IMPACT: Funding of this request will have no fiscal impact on the department's budget. (Forfeiture account # 691-5000-590-04-25) ALTERNATIVES: Not approving the donation may result in the Boy Scouts not funding a project or program this year. United Way has armounced that fttpdi~:~,or local organizations will be decreased due lack of theff~io~ ~ ~)epartment Head's Signature '" C~t~anager's Signature Police a~2~j~ Department Name City Attorney / Finance / Human Resources S:~BULLETINLgORMSXAGENDA ITEM REQUEST FORM.DOC ;From tfi~ ~es~i of R~ymond FI. Garrison Ill District Executive Boy Scouts of America, Gulf Stream Council, #85 8335 Military Trail, palm Beach ~ FL 33410 Phone: (561)694-85115 - I heraby .xpmu my delim to i~ortiripntl in thc character development, citiz.nshlll training, and mental and i)hylical fltnol~ program of the Boy 5coutl of America and $lJblr.~bl to the above-filmed council, Boy Scoute of Am~l, iR thl amount indicated. SIGNATURE: DATE: ENROLLED BY:: /~/ ~CU~'? S03102 Manatee/Leadership Billing Cyril (Circle One): ANNUAL SEMIANNUAL QUARTERLY MONTHLY Gulf Stream Council MAKE CHECK __~ BOY SCOUTS OF AMERICA PAYABLE TO 2003 FRIENDS OF SCOUTING 1118777407 l llli ! ! BI Ill Ill al ][ Il[ Ill Ill Ill Pledge $ ...?tO~. O<::::) Boynton Beach Police Dept Attention: Chief Marshall Gage 100 E Boynton Beach Blvd Boynton Beach, FL 33425-0310 Payment $ First Billing Date S02 $2,500.00 H: W: (407) 375-6101 IN SCOUTING, CHARACTER COUNTS AND YOUR SUPPORT COUNTS TOOII My employer makes matching gifts. Employer name: V1'I'I'.-PUBL1'C HEARZNG 'TEM A. CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] April 1,2003 [] April 15,2003 [] May 6, 2003 [] May20,2003 Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 1, 2003 City Commission Agenda under Public Hearing. The applicant has requested postponement of the Planning and Development Board review from March 25, 2003 to April 22, 2003, to again allow needed time to coordinate the review by Quantum Park representatives. If the postponement is approved by the City Commission, new public notices will be required thereby establishing new public hearing dates. Given that new notices will be processed, the postponement by the Commission need not be date certain. Applicant has acknowledged his obligation to fund the cost of new legal notices. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Gateway Plaza (COUS 02-005) H. Burton Smith, P.E. KWB Charitable Trust Lot 92 - quantum Park PID (Northeast comer of High Ridge Road and Gateway Boulevard, quantum Park PID) Request for conditional use/site plan approval for a gas station/convenience store with car wash proposed as the first phase of construction on the 6.54-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES~ N/A Development D ep~i]r~rle~t~l~ir e c ~or City Manage~a~ Signature Planning and Zoning~Director City Attorney / Finance / Human Resources s :XPlanningXSHARED\WP~PROJECTS\Quantum--Gateway Plaza\COUS 02-005XAgenda Item Request Gateway Plaza COUS 02-005 4-1-03.dot S:XBULLETINWORMS'uS, GENDA ITEM REQUEST FORM.DOC Sent By: LAW#OFF[CE ; 561 272 6831; ~1av-18-03 6:03PM; Page 2/3 MICH U~L ~$. WEINER CARO LE J. ARONSON JA~OI i $. MANKOFF WEIHER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 Nor~t~ Swinton Avenue Delray Beact~, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: delraylaw@bellsouth.net OF COUNSEL: ROBERT MAR~ SCHWAJII'Z, Florida Bar Boam CertJ~ed Real Estate I.aw~er March 1.8, 2003 Via Teleco_vier & Regular U.S. Mail Ms. Janet Prainko, City Clerk Civ/of Boynwn iBeach 100 East Boynton Beach Boulevard IBoynwn Beach, Florida 33435 Mr. Kurt Bressner, City Manager Civ.~ of Boynton 3each 100 East Boynto:a Beach Boulevard Boynton Beach, 3lorida 33435 Re: Hess StaQon Our File No.: PACDO02 Dear Janet and I~.~: On behalf of our client, Pace Development Corporation, the agent, H. Burton Smitt~, P.E. and the owner, KWB Charitable .Trust, we are requesting a postponement of the ma,:ter cur:.:ently scheduled on the agenda for the planning and Development Board on March 2.5, 20(;,3 and the City Commission on April 1, 2003. We are n.~questing the postponement because as part of thc usc approval, r. he applicant was instructed to complete the review process by Quantum Park Owners' Association. The .property lies within Quantum Park. The applicant has nor yet been able to .,:chedule this matter for review by the Quantum Park Owners' Association, but the applicant continues to work with the Association. We respectfully request that this item be postponed until the next Planning m:..d Development meeting and City Commission meeting that fails thirty (30) days from now. I an.~ sure you will advise us as to the dates that are available. My client has told me inform you that they realize they would be responsible for any re-advertisement cost. S;nt By: LAW#OFFICE ; 561 272 6831; ~1ar-18-03 6:03PM; Page 3/3 Ms. Jane Prainito Mr. Kurt Bressrtcr March 18, 2003 Page 2 If for some reason this letter i5 not sufficient for the purposes of rescheduling, ph:ase let me know immediately. We will be happy to supply further information if it is necessm7. Ve~3' t~yo~s:. . } ,/ - Mi(~e_.l S. Weinev' / MSW:vf/daw cc: Mr. Bruce Gay (via telecopier) Mr. Michael Rumpf (via telecopier) James Cherof, Esquire (via telecopier) Mr. Charles Pace (via regular mail) Mr. Kevin Krammer (via regular mail) Mr. N. Burma Smith (via tclc¢opier) O:\P~.C. DO0~ Pr~aico .1t re~sner. Mar~hlS.wpd CITY OF BOYNTON BE3t AGENDA ITEM REQUEST IX.-CITY MANAGER'S REPORT ITEM B. Requested City Commission Meeting Dates [] April I, 2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 May 5, 2003 (Noon) [] July 15, 2003 [] Administrative [] Legal [] Announcement [] New Business [~ City Manager's Report [] Presentation Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business June 16, 2003 (Noon) June 30, 2003 (Noon) RECOMMENDATION: Approval of the attached resolution authorizing staff to apply for a HUD Section 108 Loan for the purpose of initiating Phase I property acquisition in the Heart of Boynton Community Redevelopment Area. EXPLANATION: On December 4, 2001 the City Commission unanimously adopted the Heart of Boynton Community Redevelopment Plan. At that time it was indicated that the implementation of this plan would require the acquisition of certain real property in order to assemble parcels suitable for redevelopment. The staff of the City's Development Department and the Community Redevelopment Agency have subsequently identified those parcels necessary for acquisition in order to implement the first phase of the redevelopment program. These parcels are located in an area that extends approximately one block in each direction from the intersection of Seacrest Blvd. and Martin Luther King Blvd. (see attached aerial photo). It is proposed that once assembled, the Phase I area would be redeveloped with new single-family homes and passive recreation (west of Seacrest) and new mixed use commercial and multi-family residential (east of Seacrest). It has been determined that in order to insure that existing residential property owners and renters in this area receive the maximum allowable benefits under the Federal Uniform Relocation Act, City staff would, to the extent possible, use Federal funds for the acquisition of residential properties while the CRA would use its tax increment finance (TIF) revenues to acquire non-residential properties. City staff proposes to use the proceeds of a HUD Section 108 Loan to fund the acquisition and relocation activities associated with assembling residential parcels in the Phase I project area. Section 108 is the loan guarantee provision of the Community Development Block Grant (CDBG) Program that allows entitlement communities to transform a portion of their CDBG funds into a federally guaranteed loan that would enable them to pursue large-scale physical and economic revitalization projects. The eligible activities under this program must benefit low and moderate-income persons and/or aid in the prevention or elimination of slums and blight. These activities include the acquisition of real property as well as related relocation, clearance and site improvements. Entitlement communities may apply for up to five times their approved annual CDBG entitlement amount with a maximum repayment period of twenty years. The loans are secured by future CDBG entitlements and the interest is set at the 3-month London lnterbank rate plus 20 basis points. The City of Boynton Beach currently receives approximately $600,000 annually as its CDBG entitlement. Accordingly, staff expects to secure a Section 108 Loan of between $2.5 and $3 million. S:XBULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: Approval will permit the City staff to proceed with the implementation of the first phase of the Heart of Boynton Community Redevelopment Plan. FISCAL IMPACT: There will be no direct impact on the City's general fund. A portion of the City's annual CDBG entitlement will be committed to the repayment of the Section 108 loan. This may result in a decrease in funding available for some existing sub-recipients. ALTERNATIVES: Use proceeds from the city's general fund or CRA TIF revenues for all proposed Phase I property acquisition and relocation activi ties or inde f'mitely postpone the imp lementat~art of Boynton Plan. De~artni[nt II[ea~l~ ~ignamre ~"t~ Manager's Signature Department of Development City Attorney / Finance / Human Resources S:~BULLETIN~O~S~GENDA iTEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING STAFF TO APPLY FOR A HUD SECTION 108 LOAN FOR THE PURPOSE OF INITIATING PHASE I PROPERTY ACQUISITION IN THE HEART OF BOYNTON COMMUNITY REDEVELOPMENT AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 4, 2001, the City Commission adopted, by Ordinance 01- 59, the Heart of Boynton Community Redevelopment Plan, and WHEREAS, the Heart of Boynton Community Redevelopment Plan identified a number of public sector actions, including land assembly, required for its implementation, and WHEREAS, the Plan recognized that this land assembly would require the acquisition of real property and the displacement of some existing residents and businesses, and WHEREAS, the staff of both the City's Development Department and Community Redevelopment Agency have identified those parcels necessary for acquisition in order to implement the first phase of the Community Redevelopment Plan, and WHEREAS, The use of Federal funds for the acquisition of residential properties would require the use of the Federal Uniform Relocation Act, thereby allowing for maximum benefits to displaced residents, NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CAXRESO\Grants'd-IUD Section 108 Rcso.doc Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereofi Section 2. funds under Department That staff is hereby authorized to apply for up to $3 million in federal the provisions of the Section 108 loan Guarantee Program of the U.S. of Housing and Urban Development, for the purpose of Phase I property acquisition and relocation in the Heart of Boynton Community Redevelopment area, and Section 3. That staff is hereby authorized to apply for any related grants or programs that may be used to enhance or leverage the Section 108 loan. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of April, 2003. CITY OF BOYNTON BEACH, FLOR[DA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Commissioner S:\CALRESO\GrantsXHUD Section 108 Reso.doc [l~j XII. - LEGAL ITEM A. 1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] April 1, 2003 [] April 15, 2003 [] May 6, 2003 [] May20, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July I, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 1, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, recommended that the subject request be approved under Legal, Ordinance - First Reading on March 18, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-018. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Schnars Business Center (LUAR 02-013) Jeffrey T. Schars, Schars Engineering Corp. Ruth T. Dolly 924 North Federal Highway Request to rezone the subject property from C-4 Community Commercial and R-1-A single-Family Residential to Mixed Use-Low (MU-L) for an 8,754-square foot office- retail building on 0.52 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A · l~eve~irector ' Ci[y Manager's Signature Planning and Zoning Director City Attorney / Finance / Human Resources S:LPlanning~SHARED\WPLPROJECTS~Schnars Business Ctr~LUAR 02-013~,Agenda Item Request Schnars Bus. Ctr LUAR 02-013 Rezone 2nd reading 4-1- 03.dot S:~iULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DE¥'ELOPbIENT DEPART.MENT PLA.N~-I~'G & ZONING DUv'ISION :MEbIOR.-X.NDL~[ *'O. PZ 03-022 TO: FROM: THROUGH: Chai ~rm, an and .'v[ember~ Communi~ Redevelopment Agency Board Michael W. Rumpf/'~/-''~ Director of Pla~ing and Zoning DATE: January. 21, 2003 PRO.FECT DESCRIPTION Project/Applicant: Schnars Business Center,/ Scknars Engineering Corporation Agent: Jeffrey T. Schnars Owner: Ruth R. Dolly Location: 924 N. Federal Highway File No: Land Use Amev. dmenr~ezoning (LU,-kR. 02-0 ;.3) Property. Description: Vacant property, consis~ng of t~vo parcels: the 0.35 acre parcel classified General Commercial (GC) and zoned General Commercial Disu-ict (C- a); and 0.17 acre parcel classified Mixed Use Ob-X) and zoned Single- Family Residential District '(R-l-A) Proposed change/use: To rectassiO the subject property from General Commercial (GC) to Mixed Use (NLK), and rezone from General Commercial District (C--t) and R-L-A single-Family Residential to ,Mixed Use-Low (M'U-L) Adjacent Land Uses and Zoning: ,North: Right-of-way N.E. 9'" Avenue, then the building of' the Fraternal Order of the Eagle, classified General Commercial (GC) and zoned General Commercial District (C-t) and a parcel developed ~vith a singie-~'amil¥ home. classitied .Mixed Use (.'vtX) and zoned Single-Family Residential Dismct (R-t-A) South: Developed property (ND Auto Repair). classified General Commercial (GC) and zoned General Commercial District (C-t) and a vacant parcel, classified Mixed Use (NE'<) and zoned Single-Family Residential Dismct (R.-I-A) East: Developed single-t'amily home, classified Mixed Use (NL'<) and zoned S ingle-Family Residential District (R- I -A) Page 2 File Number: LU,&R 02-0 Scknars Business Center West: Right-ot'-Wav of Federal FIighway, then developed various commercial properties (including auto-related) classified General Commercial (GC) and zoned General Commercial Dis~ct PRO. FECT ANALYSIS Chapter 163, Florida Statutes requires that in order ~br an amendment to the Future Land Use Map to qualiO as a "small-scale" amendment, the property must be less than 1.0 acres in size. IY The amendment involves a residential land use. the density, must be 10 dwelling units or less per acre. ,~m exception to the densit'y limitation is permitted if the property is in an area desig-nated in the comprehensive plan for urban in.fill, urban redevelopment or downtown revitalization. The subject property contains =0.52 acres, and there~bre qualifies as a "small-scale" amendment. A "small-scale" amendment is adopted prior to lo,yarding to the Florida Department of Community Affairs, and is not reviewed by the state for compliance ~vith the state, re~onal and local comprehensive plans prior to adoption. The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, A&ninistration and Enforcement, item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed land use amendment/rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shaft also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. T'ae appiicant proposes to develop the prope~ws/with a retail-office building. M'oreover, given the residential density permitted under the proposed Mixed Use-Low desig'nation (~0 units per acre) and the ~ize of the subject parcel, the potential number or' units that could be developed is well under 50. Policy I. [ 3.3 states, "The Ci~. shall continue to encourage infitl development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan. and the policies contained in the Coastal ,Management Element." The subject property, is located within the Federal Highway Corndor. The use that the applicant proposes is permitted under Mixed Use-£ow, a zoning disrnct created as part of the implementation of the Federal [¥ighwav Corridor Communin, Redeve!ooment Plan, approved by the City Commission in May tS, 200 [. This plan was created as one of the redevelopment plans recorrunended by the Bovnton 8each 20/20 Redevelooment Master Plan. b. [Vhether the proposed rezoning wo,dd be contras, to the established land ,tse pattern, or would create an isolated district unrelated to adjacent and nearby Page 3 File Number: L U,-kR 02-013 Sc,mars Business Center districts, or would constitute a grant of'special privilege to an individual property o~vner as contrasted with rite protec:ion of the public welfare. In this pozion of the FederaI Ei§hway Co~idor. parce!s fronting Federal Highway on both cas: av, d west sides are designated General Commercial (GC) and zoned General Commercial Dist'mc: (CZ), which is the city's most intenmve comrr, ercia[ zoning district. The C---t zoning allows for some uses that are generally considered incompatible when contiguous to a residential communiw. There is an established single-family residential neighborhood to the east of the subject parcel. The said residential neighborhood is, however, desigztated Mixed Use. Hence, the requested amendment would not create an isolated or unrelated district, but, since commercial uses allowed under .'vl~ixed Use-Logy zoning are tess intensive than uses ailowed under the zoning, the proposed zoning will create a beaer transition to the residential neighborhood. The maximum height allowed for commercial developments in the M'U-L district is 75 feet. The proposed project's three story building's height will be below the maximum 45 feet allo~ved under the current C.-4 zoning and is a good example of the vision indicated in the corridor plan. c. g/-hether changed or changing conditions make the proposed land use amendment/re'zoning desirable. The changing conditions make the proposed land use amendment and rezoning desirable. The Federal fYighway Corridor Community Redevelopment Plan has recommended the changes of zoning in Planning Area 17, where the subject parcel is located, chiefly to create a desired appear=nee of a neighborhood ;vhich, being adjacent to the downtown core area, is a gateway to the civ. The recommendations were also aimed at promoting the sense of neighborhood, by eliminating heaw commercial uses and those uses that are automobile-oriented. Any redevelopment activities in Planning Area II consistent with the above objectives would support increasing developers' interest in the downtown core area. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Given the size of the parcel, the potential increase in water and sewer demands is insi=m'tificant. With respect to solid waste, the Solid Waste Authority. has stated in a letter dated December l 8, 200 i,. that adequate capacity exists to accommodate the county's municipalities throughout the year planning period. Lastly, drainage will be reviewed in detail as part of' the review of' the site plan, and must sarls~ all requirements or' the cir'./and local drainage p~,,.itting authorities. The proposed project will generate about 3~. additional trips per day as compared to that generated by a potential maximum intensity commercial development combined with one single-family home on the site. A traffic impact statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. r, pTtether :he proposed [and use atnendmenr/rezoning would be compatible with rite current and future use of adjacent and nearby' properties, or would affect the propers, values of adjacent or nearby properties. The proposed land use amendment/rezoning is compatible with the current and future use of properties located to the north, south and west of the subject property, and would represent an increase in compatibility with the residential neighborhood adjacent to the site. On the other Page 4 File Number: LUAR 02-0 t3 Schnars Business Center hand. commercial uses that could be placed on the property if' it were redeveloped under the General Commercial designation could create incompatibilities. There are no indications that the proposed amendment/rezoning would have negative impact on properV values. f. fP~hether the property is physically and economically developable under the e_,:isring zoning. Physically, the ~vo parceIs could be developed independently, one with a commercial building and the other with a single-family home. The marginal depth of the parcel fronting Federal Highway limits its potential for development consistent with the recommendations of the Federal [~ri~hwav Corridor.Community' Redevelooment Plan as wetI as its potential tbr development that would be economically feasible. g. Whether the proposed land use amendment/rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor by promoting the desired type of uses and appearance. The amendment would eliminate undesirable heavy commercial uses and thus have a positive impact on the neighborhood. h. g'7:ether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are vacant commercial sites that would likely accommodate the proposed use. However, placing the use on the subject property has the benefits of promoting the city's development and re~velopment objectives as stated in the Comprehensive Plan and downtown redevelopment plans. C ONCLUSIONS/RE COM~FENDATIONS As indicated herein, the requested land use'amendment and rezoning are consistent with the intent of the Comprehensive Plan; will not create additional impacts on mira.structure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses; will fi. ur:her the corridor redevelopment plan and will conmibute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C'. ATTACFDv[ENTS ,~ LSHR. DATAW!~'mm~HAt~ED\W1~ P ROJEL'~I'S",~ ',~narz auainesa C:r~LL/AR 0:-013tSTAFF ~I~ORT Location Map SCHNARS BUSINESS CENTER EXHIBIT "A" N F-i-?TFf-AvjF- R2 PU NE 12TH,TER: SITE J NE B!Ai L ORDINANCE NO. 03- ~ C, ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF SCHNARS BUSINESS CENTER/SCHNARS ENGINEERING CORPORATION; AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING TWO PARCELS OF VACANT LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-4 (GENERAL COMMERCIAL DISTRICT) AND R- 1-A (SINGLE-FAMII.Y RESIDENTIAL) TO MU-L (MIXED USE- LOW INTENSITY); PROVIDING FOR CONFLICTS, SEVERABnlrY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Ruth R. Dolly, as owner of the property more particularly described hereinafter, has heretofore filed a Petition, through her agent, Jeffrey T. Schnars, to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Beach, Florida, for the purpose of rezoning two parcels of vacant land consisting of 0.35 acres and 0.17 acres, said land being more particularly described hereinafter, from General Commercial District (C-4) and Single Family Residential (R-l- A) to Mixed Use (MU-Low Intensity); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the t hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, 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. S:\CA\Ordinances\Planning\Rezoning\Rezoning - Schnars.doc NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: Lot 20, less the East 55 feet thereof, and Lots 21, 22 and 23, Block 4, LAKE ADDITION TO BOYNTON BEACH, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 11, page 71. SUBJECT TO restrictions, reservations and easements of record. ¢ and the same is hereby rezoned from General Commercial District (C4) and Single Family residential (R-l-A) to Mixed Use (MU-Low Intensity);. A location map is attached hereto as *,xhibit "A" and made a part of this Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof ~e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the emainder of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this I~ day of [~ll~ll.e,,t4 ,2003. S:\CA\Ordinances\Planning\Rezoning\Rezoning - Schnars.doc SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLOR[DA Mayor Vice Mayor Commissioner Commissioner ~TTEST: Commissioner City Clerk (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - Schnars.doc Location Map SCHNARSBUSINESS CENTER EXHIBIT "A" R2 z ITl PU NE 12TH TER ! RIA z i'i'1 z NE 7TH-AVF ~ .._N_N E~ 6TH CT . XII. - LEGAL ITEM A.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] April 1,2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31, 2003(Noon) [] June 17, 2003 June 2, 2003(Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admimstrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 1, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, recommended that the subject request be approved under Public Hearing and Legal, Ordinance - First Reading on March 18, 2003. For further details pertaimng to the request, see attached Department of Development Memorandum No. PZ 03-018. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Schnars Business Center (ABAN 02-003) Jeffrey T. Schars, Schars Engineering Corp. Ruth T. Dolly 924 North Federal Highway Request for abandonment of the 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton, and the replacement with a utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~N/A ~~ '~ve~or ' City~.~I~nager's Signature Planning and Zoning Director City Attorney / Finance / Human Resources J:\SHRDATALPlanning~SHARED\WP~PROJECTS~Schnars Business Ctr~tBAN 02-003~Agenda Item Request Schnars Bus. Ctr ABAN 02-003 2nd reading 4-1-03.dot S:XBULLETINLFORMSXakGENDA ITEM REQUEST FORM.DOC TO: THRU' FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-019 Chairman and Members Community Redevelopment Agency Board Michael W. Rumpf~''''LL~'2''''''~ Planning and Zoning Director Maxime Ducoste-Am~d~e Planner January 17, 2003 Abandonment of a 20-foot wide alley lying between Lots 21, 22, 23 and lot 20 in Block 4, Lake Addition to Boynton (ABAN 02-003). NATURE OF REQUEST The applicant and contract purchaser, Jeffrey T. Schnars, is requesting to abandon a portion of the 20-foot /vide alley located between N.E. 8th Avenue and N.E. 9"h Avenue. This request to abandon a public alley was ~ubmitted on November 11, 2002. This abandonment is for the following unimproved platted alley segment: A portion of that certain 20-foot alley lying between Lots 21, 22, 23 and Lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach Cou~,~z', Fiorida. The location map attached as Exhibit "A" shows the general vicinity of the street right-Of-Way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a ._ta~led'~= ·,,.,..-,_,.,.,,-,¢-~;~ ~, of":he alley to be abandoned and ':ts legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject -equest. North - N.E. 9th Avenue right-of-way, and farther north, Boynton Beach F.O.E. ¢3944 lodge building, zoned C-4; South An auto repair business (ND Auto Repair shop), zoned C-4; East A single-family neighborhood, zoned R-l-A; and West North Federal Highway right-of-way, and farther west, a retail business (M&M Appliances), zoned C-4. BACKGROUND March of 1925, the Plat of Lake Addition to Boynton was approved. It included several 20-foot wide alleys :edicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion not used as such. "he properties located on the east and west sides of the alley segment to be abandoned are under a purchase =age 2 ',lemorandum No. PZ 03-019 Z=AN 02-003 contract by the applicant Jeffrey T. Schnars. The applicant has the intention of vacating the 20-foot alley to :c_,nsolidate the property and facilitate the development of an office / retail project (see Exhibit "C"- Site Plan). Specifically this area will be used for the driveway for the proposed site plan. The 20-foot wide alley as shown on the survey will be converted to a utility easement equivalent in width to the existing alley. When abandoned ;he lot/easement will revert to the adjacent property owners. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right- of-way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Adelphia) Cable Company 'Comcast) No objection Approval with conditions (see Exhibit "C") No objection Approval with conditions (see Exhibit "C") No objection No objection Approval with conditions (see Exhibit "C") N/A RECOMMENDATION Staff recommends that this request to abandon the 20-foot wide alley as described above, be approved, subject :o the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Community ~,edevelopment Agency Board and the Commission ,,viii be placed in Exhibit "D" - Conditions of Approval. <c: Central File ; ~,arm~n~,SHAR-"-'D\~,"F~'p~OJE,~TS'S¢~nar$ E~u$ ne$~ Cen erl~.ASAN 02-0C2'$taff retort ¢,s= Location Map SCHNARS BUSINESS CENTER EXHIBIT "A" _-"~N F -1'? T F--I--A:,.'¢ F-- NE 12TH TER -~':':_i73 ~. - - _p g ~/~v~ NE iT,- s EXHIBI PROPOSE] ARANDONI 1 589'48'33'E r, lE CORNE: ,,',l w LOT 2~ LOT 2! SE LO; 23 ~5' '~LL:_ =.=~. !1. =O. ?. / lENT BIT "C" EXHIBIT "D" Conditions of Approval Project name: Schnars Business Center :ile number: A_BAN 02-003 DEPARTMENTS INCLLrDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. The proposed replacement easement shall be no less in width than the X existing alley. Per the proposed site plan the twenty (20) foot alley shall be replaced with a twenty (20) foot utility easement. 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all legal entities occupying said easement. 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 Conditions of Approval 2 DEPARTMENTS rNCLUDE REJECT PLANNING AND ZONING Comments: None X PRIVATE UTILITIES Comments: 3. Adelphia will move all facilities to the new easement contingent upon the X removal of FPL facilities. 4. Any and all costs resulting in the relocation or removal of Adelphia X facilities due to said abandonment will be borne by the customer and/or property owner and/or requesting party. 5. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) Ail easements where FPL facilities exist are not considered abandoned until said facilities are de-energized, relocated and/or removed. c) Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or requesting party. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ORDINANCE NO. O 03 - £ c) 7 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF A 20 FOOT WIDE AIJJEY, LOCATED BETWEEN N.E. 8m AVENUE AND N.E. 9TM AVENUE, , WHICH Wll J. BE CONVERTED TO A UTILITY EASEMENT EQUIVAI~ENT IN WIDTH TO THE EXISTING A!.!.EY, MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO THE CONDITIONS OF APPROVAL ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER FOR THIS ABANDONMENT, WHICH DISCLAIMER SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant and contract purchaser, Jeffrey T. Schnars, is requesting the abandonment of a portion of a 20 foot wide alley, which will be converted to a utility easement equivalent in width to the existing alley, located between N.E. 8th Avenue and N.E. 9m Avenue, subject also to the Conditions of Approval attached hereto as Exhibit "A"; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, the Community Redevelopment Agency, and the City Commission on the proposed abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 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, does hereby abandon a portion of a 20 foot wide alley, which will be converted to a utility easement equivalent in width to the existing alley, located between N.E. 8th Avenue and N.E. 9th Avenue, and subject to the Conditions of Approval attached hereto as Exhibit "A", more particularly described as follows: A portion of that certain 20-foot alley lying between Lots 21, 22, 23 and lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book Il, Page 71 of the Public Records of Palm Beach S:\C A'~O r~in ance~V~,an do~rr~'~Sch n ars Al~ndonme~.~:x~ County, Florida. Section 3. The City Manager is hereby authorized and directed to execute anti 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 ll~ day of [~tl~,x.~ ,2003 SECOND, FINAL READING AND PASSAGE Tills day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:~C A\Orcli n ance~Z)am~o~ mema~Schnam A~artdo~rne~t.doc DISCLAIMER ICNOW 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 a portion of a 20 foot wide alley, which will be converted to a utility easement equivalent in width to the existing alley, located between N.E. 8th Avenue and N.E. 9th Avenue, subject to Conditions of Approval, and more particularly described as follows: A portion of that certain 20-foot alley lying between Lots 21, 22, 23 and lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book 1I, Page 71 of the Public Records of Palm Beach County, Florida. IN WITNESS WlIEREOF, 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 February, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager STATE OF FLORIDA COUNTY OF PALM BEACH ) )SS: ) 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. S:\CA'~O rdinance~am~onments~Sch nar~ ,N~mdo~me~.doc WITNESS my hand and official seal in the said State and County this of February, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: day S:'~CA'~Ordln~nc~e'~M:~e~do~ rn~nt~'~chn~r~ EXHIBIT Conditions of Approval Project name: Schnars Business Center File number: A.BAN 02-003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comment~: 1. The proposed replacement easement shall be no le~s in width than the X existing alley. Per the proposed site plan the twenty (20) foot alley shall be replaced with a twenty (20) foot utility easement. 2. No stru~es shall be constructed or landscaping placed within the utihty X easement without express written consent of all legal, entities occupying said easement. UTILITIES Commits: None X Comments: None X POLICE Commen~s: None X ENGII~EE~G DMSION Comments: None X _ BUILDING DMSION Comments: None ,, X PARKS AND RECREATION Comments: None X FORESTE R/ENVIRONMENTALIST Comments: None X Conditions of Approval DEPARTMENTS I~CLUDE REJECT PLANNING AND ZONING C orr--nents: None X PRIVATE UTILITIES Comments: 3. Adelphia will move all facilities to the new easement contingent upon the X removal of FPL facilities. 4. Any and all costs resulting in the relocation or removal of Adelphia X facilities due to said abandonment will be borne by the customer and/or. property owner and/or requestin$ party. 5. Florida Power & Light has no objection to the abandonment contingent X upon the followin$ conditions: a) FPL acquiring all additional easements for any and all exists or proposed FPL fadlities necessary to service any and all existm$ and proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) All easements where FPL facilities exist are not considered abandoned until said facilities are de-ener/ized, relocated and/or removed. c) Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or requesting party. ADDITIONAL COMMUNITY REDEVELOPME~ AGENCY BOARB CONDITIONS Comments: _.__..____ - X 1. None ~ ADDITIONAL CITY COMMISSION CONDITIONS _----.-.-- ~ Comments: ~ ~ I. To be determined. ~,,~ ~ ~ XII. - LEGAL ITEM A.3 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] April 1,2003 [] April 15,2003 [] May 6, 2003 [] May 20, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to CiW Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) ~". May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code Compliance/Legal Settlements [] Unfinished Business -? RECOMMENDATION: Please place this request on the April 1, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote on March 18, 2003, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-306. EXPLANATION: PROJECT: AGENT: LOCATION: DESCRIPTION: Limited Access Self-Storage (CDRV 02-004) City of Boynton Beach C-2 Neighborhood Commercial, C-3 Community Commercial and C-4 General Commercial zoning districts city-wide Request to amend the Land Development Regulations Chapter 2, Zoning, Sections 6(a), 6(b), 6(c), 6(d) and I 1.0: (1) to restrict self-storage facilities to the M-1 Industrial zoning district; (2) to amend the supplement regulations governing SELF SERVICE STORAGE FACILITIES (MINI-WAREHOUSES) to remove all references to the C-1 Office/Professional Commercial zoning district; and, (3) to include both Limited-Access Self-Storage and Multi-Access Self-Storage uses in the definition of SELF SERVICE STORAGE FACILITIES (MINI- WAREHOUSES). ROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATI~[ . N/A Devle(opment~Del]artment~Director Planning and Zoifmg Director City Attorney / Finance / Human Resources SAPlanningXSHARED\WPXSPECPRO~Self Storage CDRV',2002 CDRV'xAgenda Item Request Limited Access Self-Storage CDRV 02-004 2nd reading 4- 1-03.dot City Manager's Signature SABULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 02-306 TO: THROUGH' FROM: DATE: SUBJECT: Chairmen and Members Communie/Redevelopment Agency Board, and Planning and Development Board Hichaet W.'R0~npf Director of Pla~aning and Zoning Dick Hud ,~[CP Senior Planner December 26, 2002 CODE REVIEW CDRV 02-004 Limited Access Self-Storage Project: PRO]EC'i' DESCRIPT'I:ON Proposed amendment5 to the Zoning Regulations to restrict "Self-storage" uses ~o the H-i Industrial zoning district Agent: CiL-y of Boynton Beach Location: C-2 Neighborhood Commercial, C-3 Communie/Commercial and C-4 General Commercial zoning districts cit,/-wide BACKGROUND [n ~.998, Polio/ 1.[5.1 of the Comprehensive Plan's Future Land Usa Element was amended to allow "self serv/ce storage fa¢/#~'e$ (//m/ted-access rm/n/-ware, house on/y)" in ~he Off, ce Commercial land use classification. According to the staff repo~ accompanying the amendment, corresponding amendmen~ were to have been made to the Local Retail Commercial land use classifica~on ~o specifically ~clude ~e //m/ted-access minhwarehouse self-~omge fac/l~ies use and to coincide with ~e code amendmen~ described below. Corresponding amendmen~ to the Land De'/elo~ment Regulations were adopted with Ordinance No. O98-3[. ~nese amendmen~ were requested as pa~ of a plan to constru~ a building for a S~or All s~orage business a~ Old Boynton Road and Knuth Road. A recent interpretation of these code amendmenr_s led to the submittal of an ap.pi/cation for a limited-access facility for a property zoned C-3, con[rary to the original intent of the amendmen~ to only allow this new type of storage use within the C-1 or P1-]. zoning districts. 'Fo halt any further applications for storage uses contrary to the intent of the code, the cie/ issued a No,ice of intent (NOI) on August 6, 2002. This NO[ facilitates the temporary (5-men[h) halt on new applications for storage uses while the Land Development Regulations are examined, appropriate amendments proposed, and review conduced by the Cie/ Commission Page 2 CDRV 02-004 '.irnited-Acc-=ss Se!f-Storage (see Exhibit "A'3. From this review, legal s~aff- has concluded that the original ir~uent: of amendments to the Land Development Regulations crea~ed an "uoside-down" zoning structure in which the most restrictive zoning district allows for a use which is not allowed [n less restrictive commercial districts (see Exhibit "B'~). Prior ~o ~hese amendment, the code atlo,,vec se!f-s~orage uses only in the C-4 and ~I-L zoning distrfC'~s. S[nce the C-4 zoning district, e:<is~ a!cng ~e FI. Federal Highway Corridor, where a redevelopment plan recommends against au[omobiie- dependant uses, staff therefore recommends ~hat storage uses be prohibited in ~he C-~ as well. NATURE OF REOUEST Staff is proposing changes to Chapter 2, Section 6, A (Office and Professional Commercial District), Section 6, B (C-2 Neighborhood Commercial District), Section 6, C (C-3 Community Commercial District), and Section 6, D (C-4 General Commercial District) to specifically prohibit bol:h "limited acc~s mini-warehouse", and "self service storage facility" uses. Fu~hermore, corresponding changes are necessary to Chapter 2.Section Zl.O. SELF SERVICE STORAGE FAC]:Li'TIES (M[NI-WAREHOUSES) to remove references to the C-~ Zoning District. ~qese changes would then limit multi-access and limited-access storage facilities to the PI-Z, industrial zoning district. IMPACTS S~aff has conducted a field survey to determine the impact of the proposed changes on existing self-service storage facilities in the city. There are currency eight existing facilities, and one ~ecenldy approved but undeveloped limited access self-storage facility. Only three of these outd become non-conforming with adoption of the recommended amendmenr_s. ~.ese three include: (1) Public SI:or-doe, 3000 N. Federal Highway (north of Gulfstream Blvd.) zoned both C- 3 and C-~ zoning, (2) S~or All, Ltd., 3400 Old Boynton Road zoned C-1, and (3) Victoria's Closet (approved), 3602 N. Feder]l Highway (south of Old Dixie Hwy.) zoned C-3. Following adoption of the proposed changes, self-service storage.facilities may only be approved in the M-Z indus'd'fal zoning district. The above-described uses could continue operating as legally non- conforming uses with the onty limitation being expansions or improvements as described by the Land Deve!opment Regulations, Chapter 2. Zoning, Section Ii.i, [D) and [G). RECOMMENDATION S~aff recommends the adoption of the proposed amendments to t~he land deve!opmen: regulations as the minimum changes necessary to prohibit the limited access mini-warehouse use in the C-10ffgce/Professional Commercial, C-2 Neighborhood Commercial, C-3 Community Commercial and C-~ General Commercial zoning districts; to restrict the combination of multi- access and limited-access storage facilities to t:~he M-1 industrial zoning distri~; and to amend ~he supplemental regulations governing SELF SERV:[CE STORAGE FACILITIES WAREHOUSES) to remove all references to the C-i Office/Professional Commercial zoning district:. 9'ne ultimate code amendments preferred could be processed [n ordinance form in February or March of 2003. F_xhibi~ ..'~PLANNING',,HUO$~N\COOE RE"[[EW$ C~RV\I.jM:rI"~O ACC=~S S.~',3-rAFFREPC3R"I-)_-2GO2. gCC EXHIBIT "A" A Pd]SOLU'TION OE 'F'~'~ CITY CON~vffSSION C-Uf'Y OF BO'~'-N-L'ON' BE.-~C'ZH, FLORIDA. AD'THOP, ZZ~'G [SSU.-~'x,'CE OF A. :'.xiOTZCE OF Z'~-TE.N-E' T?z: CO,N'DCCTC~'C. ,DE A. CITY ~,~TDE PL.-W~.~--~'G ST'U-DY FOR BU'E_DC';C- .:._x,'D ZO~'D, iG EEC-L-L.~TIONS ~~%P P LIC.~kB LE TO S TO P-.-~-C'E F.KcIzrT~s. sEr~- STOB. A. GE. F~a. CILiT~S, N~c~-'~Z- W.-k..~ESROUSES ,~"~-D W.4.R.EHOUSES; A_xO ?P.O~,'IDE~'G .~N' EFFECTi-v-E DAZE. WHEt~EA.S, ~he Cirf Commission, pu.rsuaz~ to Cky Or.~ddnazce 000-05] co proposed changes to the Land Deve[opme,ut Code zr.d ~o dkec: s~aff co pla~Jiag amd developmen~ studies; mud WI-~~, the Commission deems k timely and Lo the best m:erest of the City and irs reside=tm to undertake, re'~iew of building and zoaimg re=m.dadoms ap. plicab[e to s~orage facilities, seY-s:orsge faciEdes, warehouses, and mini-wa.rehouses within the ju_-isdicdonal llmfrS Of the City Of Boyuma Beach ~o study and r~,riew the Lmpac: az:c2 compaability of storage facilir/es, seLf-s:omge facilities, warehouses, ~d mL~-war=houses on ocker commercial a~d residential ~es. The study shall include, but is not h'.-m.k~ to, re,Aew of size, height, appear~,~uce, se:back, tl [andsc~ing, and buffering c~tezia for such uses · and t! W'I"~I~-X~, the Commissio~ has au~o~/~o ~da~c ~c review process by resolution ~d issu~c: ora Nodce of ~t~t; ~d Vv~AS, the Notice of r. nten~ axached to dais Resolution as Exhibit "A" r~resenrs a formal announcemen: of sad pl~ng acu,~,Ues, and ~e pehod duzs-~-g w,hich due ~ applications related to deveiopmen: acu'dW proposed wio. m ~e study area. must be abated, or cot~orm to resU-~cdve tempor'azy regulations; thereafter for a period of LBO days roi!owing ~e d~.~e of adopdou unless othe=.vise exteaded by' the Cks/Commission by subsequent Mtso[utica foilo~ng pubiic hearmg. S.'CA',Onlinance.~[~DR. Ch~ngcakNO[ R~-o - NO',,",,,', T'~E~.E~OR..F_., BF_ IT P~ESOL'v'ED BY' ~ CITY CO~D/Iq'SSTON OF CLE~30E BO",~'~'7'ON BEACP2, FLOFtEDA. T"¢_-..LT': Secfia: 3. The ~'otice of rmte~t shall posted a~d copies provided as required bl/ OrdJ. na~ce 000-053. Sec~on 4. ~Nb app[icar~ou for a development acri,4qv with{~ the scoc~e of shall be accepted by the City fo[lowing the date of adopt/on of th/s Resolution amd dur;mg the srad¥ period. N'o application for a develcpmezc activity within the scope of eke study shall be Oa.r-~er p~cessed by ~e C[V, fo~.ow~g ~e dace of zdcpdon of this R. esolut~on dua";mg ~e study per~ad, u.~ess the ~pEca~oct was ~[ed prior to the adopt~oa dare ofckis R. esolutiorn P.a. SSED .~'N'D ADOPTED ~'fis (~:~ day of Au=~ts:, 2002. '~ Nfa¥or ATTEST: Corm-~ssioner Corm~issioner I Ck,/ S.'.C.¥Ordirta~c,.,~/._DR C.";.~g~',NO[ Reso - sc!f s~omgc.~oc F_xta~it A NOTICE OF [-~N'TE.N'T TO .aDOPT PENT)L-N'G LA.N-D DE'v-ELOP.'vfE.N'T ,~¥[ENT)NLENT NO[ ;,'2002-02 STATEM~-NT OF PUT_POSE ,~NT) SCOPE OF SU/DY T'ae purpose of t~is Notice of ~temt is to declar: a period to. prepar: amd bt~mg for:,'arct for adoption amendments to the La,ad Development Reg'ularions to correct discrepancies between Goals, Objectives and Policies in the Compr:kemzive Plan and r~e L~d Deveiopmeat Regulations. .~-FE CTED ,~.E A The Affected .~rea shall be specifically described a all laadm zoned C-2 NeigAborhood Commercial amd C-3 Community Commercial ¢irywide. (see attached E:O. ibit "A"). GENER. A~L DESCRIPTION OF POSSI~BLE! .~,fE'.N'DN~=i'~-t'S TO L.~N'D DEVELOPM~'NT REGD'I. ATIONS !. Li~,,k "limited aceesa mi-i-warehotae" wes :o ~e C-i Of~ce:Pro£essioaal zoning ~ot; 2. CI~ e~s~g re~fio~ to ~q~e a die--ce s~afion of ~vo ~o~d five ~ed (2,500) feet be~e~ a limk~ access m~.~-w~eho~e s~o~ge b~e~; ~ ~. ~a res~c~ comb~o~ mal~-access ~6 Hmked-access sto~e fa~es ~o ~e C4 GE~~ CO~C~ ~d ~[-[ LIG~ ~US~ zo~ ~smc:. ,~'WECT ON DE'v'ELOPNEE'N-Y 12: R. EGU'LAT!ON .aDOPTED The Latent'of ameadment~ to the Lamd Development Regula~o~ N to ~e co~i~cy ~ bo~ ~e l~age md Nt~t of ~e Comp~he~ve Pta ad ~eciic~y exciude "lim{ted-acc~s ~-w~e~o~e se~-~o~ge f~des ~ ~e Local Re~ C0mm~ci~ l~d ~e cl~s~ca~o= wNca coxe~ou~ to ~e C-2 N'ei~borhoo~ Co~m~c{~ ~d C-] Co~W Co~erci~ zo~g ~s~.c~. EXISTEN'G SECTIONS OF TH~ L.~.NrlD DEVELOPM2!?CT R_EGLrLAT~ONS Vv'[-TiCF. .aRE T:~ZE SL,"BfECT OF TI-EE STUDY .&N'D NL-kY' BE A_~Cz-N'DED LDP,, Chapter 2. Zoning, Section 60) C-2 Nei'z_kborkood Commercial Dis~c:, LDR, CMpter 2. Zoning, Section 6(c) C-3 CommtwJry Comme'rcial Diswlcr. and LDP,, Chaplin'. 2. Zoning, Section it(O) Self Sera. ce Storage Facilkies Re=m.ti~.rio~). (Supplemental PROfECTED T~ F'R_~ FOR STLrDY' One Huadred and Ei~'tr/ (180) days from ch~ da~= of approva! of' chis N'cricc by ~e Ckv Comm{-~sion. STAGE OF TI-EH REVIEW PROCESS Tf-L-~T T'FrT_ STL-DY PER_rOD .~NT) REGIfr_ATrON WOL~D AFFECT - Effeczive on adoption of this Notice, rio appLica~'on or uses within the A. ffected Area acomple~e shall be processed ~d ac pe~od ~at t~s No,ce is ~ effect. This Notice of latent shall only apply to said appEcations for self-service storage tic/l.ides submitted to ~e City after the Notice oflnt~at is executed. COLLATEtL~G.. DOCL~fEb~FS Devetopme~2t Department IVfemorandmm N'o. 02- [ 57 Development Department Memorandum No. 98-[ 56 AD Dt'F[ONAL NOTICE The Not'ice of latent shah be posted, in the Development D~arcment and. in the noace case located at the ~ entr-~ce to CitY Hail. ' A copy. of the Notice of Tntent shall be mailed co the Chamber of Commerce. Following issuanCe of this Notice of latent, the tactic= shall be provided to all applicants who may be potentially affected by ~e pending study and regulatory changes. Tais notice shall be 'provided to tb. os¢ individuais by mail, lacs/mile, etectromic, mail or in person. Comments/nclud/ng written objections to the No,ce ofrnte=~, shall be acc~ted by r~e Deve!opm_.~-m~ Department Director ~om re~pie~ts of this notice. Neither failure by the City Clerk to provide notice as se: forth in rJzis section not the lack of awa'eness of any potentially affected applicant shall not invaLi'da~e the aapl.icabiliry of this notice. . Dated: fitly 30, 2002 Adopted by Resolution mumber R0'~- / --v~..~of ,.' ~ ~. '"-~ Location Map EXHIBIT ~[E ,,~[0 RAND TO: CC: 'qv[ike R. umpf, Director, Planning and Zoning Department Kurt Bressner, City Manager Quintus Greene, Director, Department of' Development Nancy By me, Assistant Director, Department of Development FROlic D ATE: David N. Tolces, Assistant City Attorney ~/~ Zoning In Progress - Self Storage Facilities December 2, 2002 On October 9, 2002 [ issued a memorandum regarding zoning in progress for self storage facilities. As a result of discussions with M. ike Rumpf, this is a revised memorandum in response to your request for an opinion regarding the existing Land Development Regulations applicable to zorgng categories for limited-access self-storage facilities. ,-~t the Auw. tst 6, 2002 City Commission meeting, the City Commission adoptect Resolution No. R02-135 which authorized, the issuance of a Notice of' Intent with respect to the City commencing a review ofbuilding and zoning regulatior~ related to storage facilities, self-storage facilities, mini-warehouses, and warehouses. Currently the City's Land Development Regulations provide that: "Only limited, access self service storage facilities will be allowed within the C-I zoning district." S.e-,~ Chapter 2, Section 1 I.O.1.l. "Self service storage facilities", however, are also permitted, in the M-t radustrial District pursuant to Chapter 2, Section 8, A.I.c.(I). N t998, the. City Commission adopted an ordinance providing for the operation of self-storage uses in particular zoning districts, in conjunction with a proposed site plan for a parcel to be rezoned. C-t, Of Sce/Prof.essionaL The original intent in adopting the ordinance was to only allow the Limited. access self-~orage uses in the C-1 and M-I zoning districts. This original intent would have created a tmique scenario as the C-2, C-3, and C4 zoning districts are typically more permissible in the types of uses allowed_ The intended result would have created an "upside- do,aa" zoning structure in wkic~ the most restrictive zonJ.ng district allows for a use which is not allowed in tess restrictive commercial districts. As adopted, however, the ordinance permits timited.-access storage facilities in the C-I and M-l zoning districrs as well as in the C-2, C-3, and C-4 zoning districts as well. The necessity to correct the ori~nal amendment has also provided the opportunity to reconsider irs appropriateness. ~er reviewing the materials related, to the adopt'ion of this Land Development R. egulation ..,nendment, staff and our office agree that a revision to"the c~de is necessary to either provide for the inclusion of' these uses in all commercial zoning districts, or prohibit the use in all commercial zoning districts. [£ the use is prohibited in ali commercial zoning districts, it is recommended that the use be provided for in another zoning district, such as the M-I r. ndustrial zoning district. Plea.se advise our office as to how you wish ro proceed, and with your assistance, we will drat the appropriate amendments ro the City's Land Development Regulations for inclusion in an ordinance to be considered by the Ck¥ Commission. [£ you have any additional questions, or concerns, please call. DNT:dnt \LIGCD£_FS',LitBR.-k~,YM 990\9001S2.aS\MFMO 2002~.ll. urr~£(zonin$ in pro~ r=v[ ).doc ORDINANCE NO. 03- O IO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING, SECTION 6. (a), (b), (c), (d) AND 11.0, TO RESTRICT SELF SERVICE STORAGE FACILITIES TO THE M- 1 INDUSTRIAL ZONING DISTRICT; TO AMEND THE SUPPLEMENT REGULATIONS GOVERNING SELF SERVICE STORAGE FACILITIES (MINI-WAREHOUSES) TO REMOVE ALL REFERENCES TO THE C-1 OFFICE/PROFESSIONAL COMMERCIAL ZONING DISTRICT; AND TO INCLUDE BOTH LIMITED-ACCESS SELF-STORAGE AND MULTI-ACCESS SELF-STORAGE USES IN THE DEFINITION OF SELF SERVICE STORAGE FACILITIES (MINI-WAREHOUSES); PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff has recommended these proposed amendments to the land tevelopment regulations as the minimum changes necessary to prohibit the limited access ;elf service storage mini-warehouse use in the C-1 Office/Professional Commercial, C-2 Neighborhood Commercial, C-3 Community Commercial and C-4 General Commercial :oning districts, and to restrict self storage uses (e.g. multi-access, limited access, and :ombinations of both) to the M-1 Industrial Zoning district, and to amend the supplemental ,egulations governing Self Service Storage Facilities, to remove all references to the C-1 3ffice/Professional Commercial zoning district; and WHEREAS, the City Commission deems the adoption of this Ordinance to be in the Jest interests of the citizens and residents of the City of Boynton Beach, Florida; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF FHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are mae and correct and are now ratified ;:\CA\Ordinances~LDR Changes~Self Storage Facility Revisions.doc 1 confirmed by the City Commission. Section 2. That Part III, "Land Development Regulations", Chapter 1, "General Article 11, "Definitions", of the Code of Ordinances of the City of Boynton leach be, and the same is hereby amended by adding the words and figures in underlined De and by deleting the words and figures in struck-through type, as follows: ARTICLE II. DEFINITIONS SELF SERVICE STORAGE FACILITY (MINI-WAREHOUSES) - An enclosed storage facility of a commercial nature containing independent, fully enclosed bays which are leased to persons exclusively for dead storage of their household goods, personal property, or records for commercial business. Except as otherwise allowed by Section 11.0 Self Service Storage Facilities (Mini-warehouses) of the Zoning Code, storage bays shall not be used to manufacture, fabricate or process service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site. The term Self Service Storage Facilities includes the following: 1. Limited-access self storage facilities, which have limited access points from the exterior of the building to interior halls that serve individual storage bays; and, 2. Multi-access self storage facilities, which have multiple access points from the exterior of the building to individual bays and may have one access point for each storage bay.. Section 3. That Part III, "Land Development Regulations", Chapter 2, "Zoning", [Section 6, "Commercial district regulations and use provisions", of the Code of Ordinances of the City of Boynton Beach be, and the same is hereby amended by adding the words and ~igures in underlined type and by deleting the words and figures in struck-through type, as ollows: Sec. 6. Commercial district regulations and use provisions. A. C-1 OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT 1. Uses Permitted. ;:\CA\Ordinances~LDR Changes~elf Storage Facility Revisions.doc 2 Do 2. Uses prohibited. a. Any outdoor display of merchandise. b. Self service storage facilities (mini-warehouses). C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. *** 2. Prohibited Uses. 1. Self service storage facilities (mini-warehouses). C-3 COMMUNITY COMMERCIAL DISTRICT. *** 2. Prohibited uses. g. Self service storage facilities (mini-warehouses). C-4 GENERAL COMMERCIAL DISTRICT. 1. Uses Permitted. 11 2. Uses Prohibited. f. Warehouses or storage buildings, cxc~t c.~;~;,;~ /~;_; ......~. ...... x except when utilized as an ;:\CA\OrdinancesXLDR Changes~Self Storage Facility Revisions.doc 3 accessory to a principal use which is allowed in accordance with 6.D.1, 6.D.1A., or 6.D.1B., above, and located on the same parcel as the principal use. ho Self service storage facilities (mini-warehouses). Section 4. That Part 11I, "Land Development Regulations", Chapter 2, "Zoning", ;ection 11, "Supplemental Regulations", of the Code of Ordinances of the City of Boynton leach be, and the same is hereby amended by adding the words and figures in underlined De and by deleting the words and figures in struck-through type, as follows: O. SELF SERVICE STORAGE FACILITIES (MINI-WAREHOUSES). 1. General. All self storage facility uses shall comply with the following: ao Rental facility office. The rental facility office shall be located facing a collector street. A maximum of 1000 square feet of the rental office may be devoted to the rental and sale of retail items used for moving and storage and including, but not limited to carton, tape and packing materials. The property manager shall be permitted to conduct auctions for the sole purpose of selling abandoned items left in bays, provided an appropriate license is obtained from Occupational Licenses. The rental of trucks and trailers used for moving and the installation of hitch and towing packages shall be allowed, subject to all approvals required for the zoning district in which the self service storage facility is located. Security quarters. A single residential ~at:ter-s unit for security purposes may be established on the site of a self service storage facility and shall be considered a limited exception to the general prohibition of residential uses in ccn-._-..zr::.a! ~_n~ industrial zones. The security quarters may continue only so long as the self service storage facility remains active. The security quarters shall be for the exclusive use of, and shall be occupied only by a guard, custodian, caretaker, owner, manager or employee of the owner of the facility, and his family. Such person shall be actively engaged in provided security, custodial or managerial services upon the premises. A security quarters shall not be rented to any person other than such persons. :\CA\Ordinances~LDR Chang~s~Self Storage Facility Revisions.doc 4 do Use of bays. The use of storage bays shall be limited to dead storage of household goods, personal property or records for commercial businesses. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity. Individual storage bays or private postal boxes within a self-service storage facility shall not be considered a premises for the purpose of assigning a legal address in order to obtain an occupational license or other governmental permit or license to do business. Further: (1) The maximum size of a storage bay shall be limited to four hundred fifiT (450) square feet. (2) Storage bay doors shall not face any abutting property which is residentially zoned, nor any public or private street. Outside Storage. In connection with a self service storage facility, open storage of recreational vehicles and of pleasure boats of the type customarily maintained by private individuals for their personal use and commercial vehicles shall be permitted provided the following: (1) The storage area shall not exceed 40 percent of the area of the site. (2) The storage area shall be entirely screened from view from public and private roads and abutting non- industrial zoned property by a building on site or by installation of a six (6) foot high solid -;.'**d ,r masonry fence or a ;"';~'~;v~..~...~, .... vwv'~ ._..~" ..... .,..~-~ wall supplemented with a minimum of twelve (12) foot tall trees spaced nor more than twenty-five (25) feet on center and ¢a~s foundation planting a minimum of two (2) feet in height installed within a five (5) foot wide landscape strip located on the outside of the wall, unless the foundation planting is determined by the Development Director to be unnecessary due to limited purpose/visibility, or if the lack of access to the landscape area would create maintenance difficulties, u .............. · ...... c ~:\CA\OrdinancesXLDR Changes~elf Storage Facility Revisions.doc I 5 f. go (3) (4) ........... ~ a b'-'-i!dlng ~., site. Vehicles shall not be stored within the area set aside for minimum building setbacks or in areas designated for landscape buffering purposes. Nc vekic!== .... j ,,,, No vehicle or boat maintenance, or repair shall be permitted on site. Washing shall be conducted only within a designated wash area that drains to a storm drain equipped with a pollution control device acceptable to the City Engineer. Pleasure boats stored on site shall be placed and maintained upon wheeled trailers. No dry storage or dry stacking shall be permitted on-site. (5) The outside storage area shall be constructed with a dust-fi:ee surface. Separation between storage buildings. If separate buildings are constructed, there shall be a minimum ten (10) foot separation between individual buildings within the facility. Outdoor lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty feet in height and shall be shielded away fi:om residential property. Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on site. pffeJsR~mr-~-. Architectural compatibility. For all self storage facilities adjacent to or visible from an arterial roadway, the ~bllowing shall a¢~l¥: The exterior colors, facades, windows, roof, and building materials of all structures located on-site shall be compatible with the character of the neighborhood. Self-service storage facilities that ,,,;1!,.... g,,~,..,.., 15~+~,-I, ~,,~ _,;+1.,1~.. ,,.~,. tke C I d;o*-~*.~...~. shall incorporate design elements ;:\CA\Ordinances~LDR ChangeskSelf Storage Facility Revisions.doc 6 ..... ;"*~'~ "';"' -a; .... * to achieve the effect of office structures. All facades viewable from the arterial roadway shall provide variety and interest. These facades shall not exceed fifty (50) feet in length without visual relief by means of a vertical reveal at least one (1) foot in depth and ten (10) feet in width, a perceptible change in wall angle, or a comer. Other design attributes shall include, roof slope and materials, windows, awnings, fencing and other aesthetic elements. ArckJt:cr'~ral e!evaticn: .. . :pprcv Signage. Self-service storage facilities in the M-1 district shall be subject to the provisions of Chapter 21, Article 4. Dumpsters and trash receptacles shall be screened fi'om view of adjacent lots and streets. ~ L~ited-access ~d combination multi-access ~d limited-access self-storage facilities~"':*~,.,~. *~,..~ ...~ I ~,----~7~;~ D:~"'~ sh~l coffom to the m~imm heist for that disffict. ~e m~m heist for multi-access self storage f~ili~es shall not exceed ~en~-five (25) feet. ~ese heists will include ~y scree~ng requked to conceal air-conditio~ng or ~y oth~ m~hmcal equipment. Buffers. All perimeter buffers shall be subject to the provisions of Chapter 7.5, Article 11, Section 5 concerning buffer requirements. In addition, any perimeter adjacent to a residential district shall include a continuous hedge or wall in addition to trees planted no further than 40 twenty-five (25) feet on center. ;:\CA\Ordinances',LDR Changes'Self Storage Facility Revisions.doc 7 Supplemental standards for multi-access self-storage facilities. In addition to the general standards above, multi-access self-service storage facilities shall comply with the following regulations: o Minimum lot size. The minimum lot size for a multi-access self storage .facility shall be two (2) acres. Circulation. The following on-site circulation standards shall apply: (1) Interior. Interior loading areas shall be provided in the form of aisle ways adjacent to the storage bays. These aisle ways shall be used both for circulation and temporary customer parking while using storage units. The minimum width of these aisle ways shall be twenty-five (25) feet if only one-way traffic is permitted, and thirty (30) feet if two-way traffic is permitted. A minimum width of twelve (12) feet of width between storage aisles will be required when a portion of this aisle space is utilized for outdoor storage. (2) Flow. The one or two-way traffic flow patterns in aisle ways shall be clearly marked. Markings shall consist of standard directional signage and painted lane markings with arrows. (3) Access. Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning of aisle ways. Parking. Parking shall be provided at a rate of 1 space per 200 storage bays, plus 1 space per 300 feet of office space and 2 security spaces. do Supplemental standards for limited access self-storage facilities. In addition to the general standards above, limited-access self-storage facilities shall comply with the following regulations: :\CA\OrdinancesXLDR ChangesxSelf Storage Facility Revisions.doc 8 Minimum lot size. The minimum lot size for a limited access self storage facility shall be one (1) acre. Loading. Each entry point used to access hallways leading to the storage bays shall accommodate a minimum of two leading berths and related maneuvering area. The loading areas shall not interfere with the primary circulation system on site. If a minimum 20 feet access way is provided adjacent to the building and serves no other use except the self service storage facility, then the loading area may be established parallel and adjacent to the building. It will be required to satisfy current regulations for driveway accessibility dependent on one-way or two-way traffic. dc. Parking. Parking shall be provided at a rate of 1 space per 75 storage bays, plus 1 space per 300 feet of office space and 2 security spaces. S:XCA\Ordinances~LDR Changes~S¢lf Storage Facility Revisions.doc 9 Use limitations. Retail sales shall be prohibited on site except those permitted by Section O. 1 .a. Hours of operation. The hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. seven days a week. Outdoor lighting. Outdoor lighting shall be designed to prevent light spillage onto residentially zcne,~ ~rc, p:~,,' uses. Multi-access and limited-access combinations: A combination of multi-access and limited-access self storage facilities may be permitted within the same site plan --';*F? ~u~ C I ~,,a ha I ~"-;~ a:~,~ pursuant to the supplemental standards shown above for each of the uses. Section 5. Each and every other provision of the Land Development Regulations herein specifically amended, shall remain in full force and effect as originally adopted. Section 6. All laws and ordinances applying to the City of Boynton Beach in with any provisions of this ordinance are hereby repealed. Section 7. Should any section or provision of this Ordinance or any portion 'be declared by a court of competent jurisdiction to be invalid, such decision shall not the remainder of this Ordinance. Section 8. Authority is hereby given to codify this Ordinance. Section 9. This Ordinance shall become effective immediately. FIRST READING this 18 day of March, 2003. ;:\CA\OrdinancesXLDR ChangesXSelf Storage Facility Revisions.doc lO SECOND, FINAL READING AND PASSAGE this day of April, 2003. CITY OF BOYNTON BEACH, FLORDA Mayor Vice Mayor Commissioner Commissioner ~TTEST: Commissioner SityClerk ]:\CA\OrdinanceskLDR Changes~Self Storage Facility Revisions.doc 11 XlI. - LEGAL I'TEt4 B.1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] April 1, 2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Tumed in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 March 31, 2003 (Noon) [] June 17, 2003 April 14, 2003 (Noon) [] July 1, 2003 May 5, 2003 (Noon) [] July 15, 2003 May 19, 2003(Noon) June 2, 2003(Noon) June 16, 2003(Noon) June 30, 2003(Noon) [] Admimstrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April I, 2003 City Commission Agenda under ~ Legal, Ordinance - First Reading. The City Commission with a 5-0 vote, recommended approval under Public Hearing at the December 3, 2002 meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-245. EXPLANATION: AGENT: OWNER: LOCATION: DESCRIPTION: Motorola Land Use Amendment (LUAR 02-007) R. Duke Woodson, Foley & Lardner Maury L. Carter & Associates, Inc. South East comer of Gateway Boulevard and Congress Avenue 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). For multi-family, ancillary commercial development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D e~[op/~'net[t~5~p~(n~ire c tor Planning and Zoning ~lS'~'~ctor ~ature City Attorney / Finance / Human Resources J:~SHRDATALPlanningXSHARED\WP~PROJECTS~otorola DRI~UAR~Agenda Item Request Motorola LUAR 02-007 Amend Adopt Apr l-July 15, 2003.dot ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT 1500 GATEWAY BOULEVARD, CONSISTING OF APPROXIMATELY z49.69 ACRES OF LAND, (MOTOROLA DRI); AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; THE LAND USE DESIGNATION IS BEING CHANGED FROM INDUSTRIAL (I) TO LOCAL RETAIL COMMERCIAL (LRC); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTWE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Furore 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 2omprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WItEREAS, the Development Order for the Motorola DRI limits development )n this portion of the total site to 63,500 square feet of retail commercial development md 500 dwelling units, which is significantly less than the maximum allowed levelopment intensity, 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 2omprehensive 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: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: :\CA\Ordinance$\Plann£ng\Land Use\Motorola DRX Land U~i~.do¢ Local That the Future Land Use of the following described land shall be designated as Retail Commercial (LRC). Said land is more particularly described as follows: ALL THAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: PARCEL 1 COMMENCING AT THE NORTHEAST CORNER OF SAID PLAT OF MOTOROLA, SAID POINT LYING 50.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF NW 22na AVENUE AND LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4; THENCE FROM SAID POINT OF COMMENCEMENT, SOUTH 07 DEGREES 10 MINUTES 03 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE IN THE MERIDIAN OF SAID PLAT OF MOTOROLA AND ALL OTHER BEARINGS HEREIN ARE IN REFERENCE THERETO), ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4, A DISTANCE OF 4.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 07 DEGREES 10 MINUTES 03 SECONDS EAST, ALONG SAID WESTERLY RIGHT-OF- WAY LINE, A DISTANCE OF 1172.27 FEET TO THE POINT OF CURVATUR~ OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 398.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 17 DEGREES 25 MINUTES 38 SECONDS, A DISTANCE OF 121.06 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 10 DEGREES 15 MINUTES 35 SECONDS WEST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 978.11 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 393.19 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 22 DEGREES 26 MINUTES 28 SECONDS, A DISTANCE OF 154.00 FEET TO A POINT OF TANGENCY; THENCE SOUTH 12 DEGREES 10 MINUTES 53 SECONDS EAST, CONTINUING ALONG SAID WESTERLY RIGHT-OF- WAY LINE, A DISTANCE OF 72.61 FEET TO THE SOUTHEAST CORNER OF SAID PLAT OF MOTOROLA; THENCE SOUTH 88 DEGREES 55 MINUTES 53 SECONDS WEST, ALONG THE SOUTH LINE OF SAID PLAT OF MOTOROLA, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF THE BOYNTON CANAL C-16, AS RECORDED IN OFFICIAL RECORDS BOOK 3553, PAGE 982, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF 1478.02 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, BEING \CA\Ordinances\Planning\Land Use\Motorola DRI Land Use.doc THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF- WAY DEDICATED BY SAID PLAT; THENCE NORTH 00 DEGREES 12 MINUTES 55 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 518.04 FEET; THENCE NORTH 04 DEGREES 21 MINUTES 02 SECONDS EAST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 6654, PAGE 408, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF 130.08 FEET; THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS EAST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 185.90 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF 999.30 FEET; THENCE NORTH 00 DEGREES 49 MINUTES 58 SECONDS WEST, A DISTANCE OF 162.94 FEET; THENCE NORTH 89 DEGREES 10 MINUTES 46 SECONDS EAST, A DISTANCE OF 266.41 FEET; THENCE NORTH 10 DEGREES 15 MINUTES 35 SECONDS EAST A DISTANCE OF 279.13 FEET; THENCE NORTH 07 DEGREES 10 MINUTES 03 SECONDS WEST, A DISTANCE OF 1033.22 FEET; THENCE NORTH 00 DEGREES 55 MINUTES 13 SECONDS WEST, A DISTANCE OF 185.00 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF NW 22m) AVENUE BEING THE SOUTH LINE OF THAT CERTAIN 4.0 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT- OF-WAY DEDICATED BY SAID PLAT; THENCE NORTH 89 DEGREES 04 MINUTES 47 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING; TOGETHER WITH ALL THAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: PARCEL 2 COMMENCING AT THE NORTHEAST CORNER OF SAID PLAT OF MOTOROLA, SAID POINT LYING 50.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF NW 22"'i AVENUE AND LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4; THENCE FROM SAID POINT OF COMMENCEMENT, SOUTH 07 DEGREES 10 MINUTES 03 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE IN THE MERIDIAN OF SAID PLAT OF MOTOROLA AND ALL OTHER BEARINGS HEREIN ARE IN REFERENCE THERETO), ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E--4, A DISTANCE OF 1176.29 FEET TO ::\CA\Ordinances\Planning\Land Use\Ho~orola DR! Land Use.doc THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADiUS OF 398.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 17 DEGREES 25 MINUTES 38 SECONDS, A DISTANCE OF 121.06 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 10 DEGREES 15 MINUTES 35 SECONDS WEST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 978.11 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 393.19 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 22 DEGREES 26 MINUTES 28 SECONDS, A DISTANCE OF 154.00 FEET TO A POINT OF TANGENCY; THENCE SOUTH 12 DEGREES 10 MINUTES 53 SECONDS EAST, CONTINUING ALONG SAID WESTERLY RIGHT-OF- WAY LINE, A DISTANCE OF 72.61 FEET TO THE SOUTHEAST CORNER OF SAID PLAT OF MOTOROLA; THENCE SOUTH 88 DEGREES 55 MINUTES 53 SECONDS WEST, ALONG THE SOUTH LINE OF SAID PLAT OF MOTOROLA, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF THE BOYNTON CANAL C-16, AS RECORDED IN OFFICIAL RECORDS BOOK 3553, PAGE 982, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF 1478.02 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, BEING THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF- WAY DEDICATED BY SAID PLAT; THENCE NORTH 00 DEGREES 12 MINUTES 55 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 518.04 FEET; THENCE NORTH 04 DEGREES 21 MINUTES 02 SECONDS EAST, ALONG THE EASTERLY RIGHT-OF-WAY OF CONGRESS AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 6654, PAGE 408, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF 130.08 FEET; THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS EAST, CONTINUING ALONG SAID EASTERLY RIGHT-OF- WAY LINE, A DISTANCE OF 250.40 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS EAST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 13.08 FEET; THENCE NORTH 25 DEGREES 55 MINUTES 15 MINUTES WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF- WAY LINE, A DISTANCE OF 26.83 FEET; THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 155.43 FEET; THENCE NORTH 00 DEGREES 24 MINUTES 18 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 241.34 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, BEING THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS :\CA\Ordinances\Planning\Land Use\Motorola DRI Land Use.doc SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF- WAY DEDICATED BY SAID PLAT; THENCE NORTH 01 DEGREES 44 MINUTES 21 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 408.01 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF 150.11 FEET; THENCE SOUTH 01 DEGREES 44 MINUTES 21 SECONDS WEST, A DISTANCE OF 298.39 FEET; THENCE SOUTH 28 DEGREES 15 MINUTES 39 SECONDS EAST, A DISTANCE OF 138.72 FEET; THENCE SOUTH 00 DEGREES 49 MINUTES 14 SECONDS EAST, A DISTANCE OF 420.90 FEET; THENCE SOUTH 89 DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF 213.61 FEET TO THE POINT OF BEGINNING; TOGETHER WITH ALL THAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLOR/DA PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: PARCEL 3 COMMENCING AT THE NORTHEAST CORNER OF SAID PLAT OF MOTOROLA, SAID POINT LYING 50.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF NW 22''d AVENUE AND LYING ON THE WESTERLY RIGHT-OF-WAY OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4; THENCE FROM SAID POINT OF COMMENCEMENT, SOUTH 07 DEGREES 10 MINUTES 03 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE IN THE MERID~ OF SAID PLAT OF MOTOROLA AND ALL OTHER BEARINGS HEREIN ARE IN REFERENCE THERETO), ALONG THE WESTERLY RIGHT-OF-WAY OF SAID LAKE WORTH DRAINAGE DISTRICT CANAL E-4, A DISTANCE OF 4.02 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF NW 22ND AVENUE BEING THE SOUTH LINE OF THAT CERTAIN 4.0 FOOT WIDE STR.[P OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT- OF-WAY DEDICATED BY SAID PLAT; THENCE SOUTH 89 DEGREES 04 MINUTES 47 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 931.19 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 04 MINUTES 47 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 471.99 FEET; THENCE SOUTH 45 DEGREES 24 MINUTES 34 SECONDS WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 6654, PAGE 410, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF 55.26 FEET; THENCE SOUTH 01 DEGREES 44 MINUTES 21 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A ~:\CA\Ordinancea\Planning\Land Use\Mo~orol& DRI Land Use.doc DISTANCE OF 198.34 FEET~ THENCE SOUTH 05 DEGREES 32 MINUTES 47 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF- WAY LINE, A DISTANCE OF 240.97 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, BEING THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF- WAY DEDICATED BY SAID PLAT; THENCE SOUTH 01 DEGREES 44 MINUTES 21 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 188.39 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF 208.30 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 29 SECONDS WEST, A DISTANCE OF 207.27 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 198.94 FEET; THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 85 DEGREES 32 MINUTES 37 SECONDS, A DISTANCE OF 297.03 FEET TO THE END OF SAID CURVE; THENCE NORTH 00 DEGREES 54 MINUTES 59 SECONDS WEST, A DISTANCE OF 19.95 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 87.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SA.ID CURVE, THROUGH A CENTRAL ANGLE OF 42 DEGREES 20 MIINUTES 30 SECONDS, A DISTANCE OF 64.29 FEET TO THE POINT OF TANGENCY; THENCE NORTH 41 DEGREES 25 MINUTES 31 SECONDS EAST, A DISTANCE OF 119.55 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 288.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 22 DEGREES 20 MI2qUTES 41 SECONDS, A DISTANCE OF 112.32 FEET TO THE POINT OF BEGINNING. CONTAINING: 2164736.963 SQUARE FEET OF 49.695 ACRES, MORE OR LESS SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD. Section 3: That any maps adopted in accordance with the Future Land Use Element be amended accordingly. A notation shall be added to all maps to reference the >n maximum retail commercial square footage. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby Section 5: 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 remainder of this Ordinance. :~\CA\Ordinances\Planning\Land Use\Motorola DR! Kand Use.doc Section 6: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this ~ day of ,2003. SECOND, FINAL READING and PASSAGE this ~ day of CITY OF BOYNTON BEACH, ,2003. FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Commissioner Clerk (Corporate Seal) Ss\CA\Ordinances\Planning\Land Use\Motorola DRI Land Use.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-245 TO: Chairman and Members Planning and Development Board FROM: THROUGH: Dick Hudson, Senior Planner Michael W. Rumpf Director of Planning and Zoning DATE: November 1, 2002 Project/Applicant: PRO]ECl' D ESCRIP'I'[O N MOTOROLA DRI/Daryl M. Carter Mauw L. Carter & Associates, [nc. Agent: R. Duke Woodson of Foley and Lardner Owner: Motorola, ]:nc. Location: 1500 Gateway Boulevard (Southeast corner of Congress Avenue and Gateway Boulevard). See Attachment"A". File No: Land Use AmendmentJRezoning (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 (P[D). Proposed change/use: To reclassify the subject portion of the property from Industrial (I) to Local Retail Commercial (bP, C), and rezone from P[D-Planned ]:ndustrial Development to C-3 Community Commercial in order to develop with 500 units of multi-family residential housing and 63,500 sq. ft. of commercial development. Adjacent Land Uses and Zoning: North: The developed par'don of the Motorola DRI that is to retain an Industrial land use designation and P[D Planned Industrial District zoning; farther north, right-of-way of Gateway 8oulevard then commercial development (Shoppes of Boynton) designated Local Retail Commercial (LRC) and zoned 03 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 DRI East: We~'t: Right-of-way of the Lake Worth Drainage District E-4 Canal, then developed property (Boynton Beach High School) designated Industrial (I) and zoned PID Planned Industrial Development (Quantum Park). Right-of-way of Congress Avenue then commercial development (Catalina Center) designated Local Retail Commer, cial (LRC) and zoned C-3 Community Commercial. PRO3ECT ANALYSI~S 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 Flodda 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 (DR.I) where the law permits amendments to be adopted without being subject to the twice- yearly resOictions. The criteda used to review Comprehensive Plan amendments and re_zonings are listed in the Land Development Regulations, Chapter 2, Section 9, ,4dm/n/stradon and Enforcement, ]:tem C. Comprehendve P/an ,4mendment~: Rezon/ngs. These criteda 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 land use amendment/rezoning would be cons/stent w/th applicable comprehensive plan policies including but not limited to, a prohibit'on against any increase in dwelling unit density exceeding 50 in the hurricane evacuate'on zone without written approval of the Palm 8each County Emergency Planning D/vis/on and the City's risk manager. 1-ne planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply w/th poi/c/es contained in the comprehensive plan. 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 Mixed 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 desiqnated "Industrial" on the currently adopted Future Land Use Map ,may be converted to commercial or residential desiqnations if the conversion (i) would ........ generate a range of employment choices for current and future residents, provide goods and services of regional importance, ............. '~ '~'~ .... ~;~-" fiscal ................. ~ ............ or would provide opportunities for the City to meet its Ionq-ranqe housinq goals; and (ii) is bas~--~ upon. adequate data indudinq market analysis. CThis 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 develooment, as well as the redevelopment of that potion of the site remaining with an "Indus~al'' land use designation and P]:D 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. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated dist.'ct unrelated to adjacent and nearby di~tn'cts, or would con~a'tute a g~ant of spec/al pdv/lege to an/nd/v/dual property owner as contrasted w/th the protec-LT'on of the pub/lc wel~re. The proposed land use amendmentJrezoning 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. Whether changed or changing condi&'on$ make the proposed r~zoning desirable. There are several conditions that have changed since the DR[, consisting of_+85.55 acres, was approved in :[979. 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 stodes= 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. ]:nstead, Motorola has drastically reduced their operations within the db/, 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 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. Whether the proposed use would, be comparable w~ utility systems, roadways, and other public facilit~'e$. The traffic analysis submitted on behalf of the applicant states that the Motorola DRI was approved for 625,000 square feet of manufacturing space and 200,000 square feet of office use. This would vest the project: for 13,020 daily trips and :[,63'~ 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") 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 ve~ng (for planning purposes) in the site of :[27,000 gpd each for potable water and sanitary sewer. The developer is responsible for reserving or purchasing ail 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 :[8, 200:[ the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's munidpalities throughout the :~0-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 compa~b/e with the current and future use of adjacent and nearby properS'es, or would affec~ the property va/ue~ of adjacent or nearby propertz'es. Refer to responses provided under items "b"and "¢'~ above. f. Whether the property is physically and economically developable under the exi~'ng 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 disl:dbution; however, after a relatively Ior. g 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 $ File Number: LUAR 02-007 Notorola DR]: 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 /'s of a scale which is reasonably re!ated to the needs o£ the neighborhood and the city as a who/e. 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. ~t 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 distn'cts where such use is a/ready allowed. The site is one of the two Developments of Regional Impact in the City. The other, Quantum Park, has already almost completely deve!oped 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 / RECOMMENDAT~ON~ 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 antidpated in the Comprehensive Plan; will be compa~ble with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. ]:f the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "C". ATTACHMENTS ~:~,-~tRI3ATA~P'"a~n~4;\~Si'IAI~ED~WP~PRO.~-T'~/qOt~3~34~ OR~LUAR&STAFF ~EPORT L.LJAR.~OC LOcation Map MOTOROLA P.I.D. EXHIBIT "A" Z LU C3 C3 SITE .QUANTUM PARK PID 0.3 Miles I DER TROUTMAN CONSULTING, [ sportation Planners and Engineers EXHIBIT "B" 2324 South Congress Avenue, Suite November 1, 2002 West Palm 8each, FL 33406 (561) .~34-1644 Fax 434-T663 w%v~v, pindertroutman.com 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. The maximum development will be limited based on Se total external trips approved For the existing DRI. Attachment 1 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. Very O' y 1~4P/Idr EncJosures cc: Dick Hudson Jeff Douglas Duke Woodson EXHIBIT "B" ~NTO RESIDENTIAL LOW DENSITY .(LDR) MA'X 4.84 D.U.:.TA~FIE MODERATE DENSITY (MOD R) "MAX 7.2'6 D.U./ACRE MEDIUM DENSITY _(MED. R) MAX 9.68 D.U./ACRE ,. ~H_'I G H_ DENS~'Y ' .(HDR) .. MAX 10.8 'D:.U.?'A'CRE COMMERCIAL:, OFFICE (OC) ' "LOCAL R ETA.IL (LRC), .. GENER'/~.L "(GC) :iNDUSYR.IAL "'{I) . OTHER MIXED USE (MX) AGRICULTURE .... (A) ':'RECRE'ATIO NAL '(R) :E'_:.U_B.~__.& P.RI.V A T_E ...... (P P.G.I) ... '(~OV E R'Ni~ E N'T ALilN STITU-T'I'ONAL XII. - LEGAL ITEM B.2 CITY OF BOYNTON BEAC1 AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] April 1,2003 [] April 15, 2003 [] May 6, 2003 [] May 20,2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal ~ ~o~cement ~ New Business ~ Ci, Mamger's Repo~ ~ Presentation ~ Coment Agen~ ~ Public He~g ~ Code Co~liance~egal Se~lements ~ U~shed Bmmess RECOMMENDATION: Please place this request on the April 1, 2003 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission with a 5-0 vote, recommended approval under Public Hearing at the December 3, 2002 meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-245. EXPLANATION: AGENT: OWNER: LOCATION: DESCRIPTION: Motorola Rezoning (LUAR 02-007) R. Duke Woodson, Foley & Lardner Maury L. Carter & Associates, Inc. South East comer of Gateway Boulevard and Congress Avenue Request to rezone 49.695 acres of the Motorola DRI from M-1 Industrial to C-3 Community Commercial. For multi-family, ancillary commercial development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~.~ N/A Doan~oprdent ]~epartment l~irector Planning ~nd Zonm~)~ector ' ~ Man-ager's Signature City Attorney / Finance / Human Resources S:LPlanning~SHARED\WP~ROJECTShMotorola DRBLUAR',Agenda Item Request Motorola LUAR 02-007 Rezone Adopt Apr 1, 2003.dot ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOY-NTON BEACH, FLORIDA, REGARDING THE APPLICATION FOR REZONING OF MOTOROLA DRIJ DARYL M. CARTER MAURY L. CARTER & ASSOCIATES, INC., AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PID PLANNED INDUSTRIAL DEVELOPMENT TO C-3 COMMUNITY COMMERCIAL; PROVIDING FOR CONFLICTS, SEVER. ABILITY AND AN EFFECTIVE DATE. WItEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WI-IEREAS, MOTOROLA, INC., owner of the property more particularly described hereinafter, has heretofore filed a Petition, through its agent, R. Duke Woodson of Foley and Lardner, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land consisting of approximately +49.46 acres, said land being more particularly described hereinafter, from PID Planned Industrial Development to C-3 Community Commercial; and WItEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WItEREAS, 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 WHEREAS, 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. S:\CA\Ordinances\Planning\Rezoning\Rezoning - Motorola.doc NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: ALL THAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: PARCEL 1 COMMENCING AT THE NORTHEAST CORNER OF SAID PLAT OF MOTOROLA, SAID POINT LYING 50.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF NW 22"a AVENUE AND LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E4; THENCE FROM SAID POINT OF COMMENCEMENT, SOUTH 07 DEGREES 10 MINUTES 03 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE IN THE MERIDIAN OF SAID PLAT OF MOTOROLA AND ALL OTHER BEARINGS HEREIN ARE IN REFERENCE THERETO), ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4, A DISTANCE OF 4.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 07 DEGREES 10 MINUTES 03 SECONDS EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1172.27 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 398.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 17 DEGREES 25 MINUTES 38 SECONDS, A DISTANCE OF 121.06 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 10 DEGREES 15 MINUTES 35 SECONDS WEST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 978.11 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 393.19 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 22 DEGREES 26 MINUTES 28 SECONDS, A DISTANCE OF 154.00 FEET TO A POINT OF TANGENCY; THENCE SOUTH 12 DEGREES 10 MINUTES 53 SECONDS EAST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 72.61 FEET TO THE SOUTHEAST CORNER OF SAID PLAT OF MOTOROLA; THENCE SOUTH 88 DEGREES 55 MINUTES 53 SECONDS WEST, ALONG THE SOUTH LINE OF SAID PLAT OF MOTOROLA, ALSO S:\CA\Ordinances\Planning\Rezoning\Rezoning - Motorola.doc BEING THE NORTH RIGHT-OF-WAY LINE OF THE BOYNTON CANAL C-16, AS RECORDED IN OFFICIAL RECORDS BOOK 3553, PAGE 982, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF 1478.02 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, BEING THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-WAY DEDICATED BY SAID PLAT; THENCE NORTH 00 DEGREES 12 MINUTES 55 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 518.04 FEET; THENCE NORTH 04 DEGREES 21 MINUTES 02 SECONDS EAST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 6654, PAGE 408, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF 130.08 FEET; THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS EAST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 185.90 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF 999.30 FEET; THENCE NORTH 00 DEGREES 49 MINUTES 58 SECONDS WEST, A DISTANCE OF 162.94 FEET; THENCE NORTH 89 DEGREES 10 MINUTES 46 SECONDS EAST, A DISTANCE OF 266.41 FEET; THENCE NORTH 10 DEGREES 15 MINUTES 35 SECONDS EAST A DISTANCE OF 279.13 FEET; THENCE NORTH 07 DEGREES 10 MINUTES 03 SECONDS WEST, A DISTANCE OF 1033.22 FEET; THENCE NORTH 00 DEGREES 55 MINUTES 13 SECONDS WEST, A DISTANCE OF 185.00 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF NW 22ND AVENUE BEING THE SOUTH LINE OF THAT CERTAIN 4.0 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-WAY DEDICATED BY SA.ID PLAT; THENCE NORTH 89 DEGREES 04 MINUTES 47 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING; TOGETHER WITH ALL THAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: PARCEL 2 COMMENCING AT THE NORTHEAST CORNER OF SAID PLAT OF MOTOROLA, SAID POINT LYING 50.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF NW 22''a AVENUE AND LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4; THENCE FROM SAID POINT OF COMMENCEMENT, SOUTH 07 DEGREES 10 MINUTES 03 S:\CA\Ordinances\Planning\Rezoning\Rezoning - Motorola.doc SECONDS EAST (BEARINGS MENTIONED HEREIN ARE IN THE MERIDIAN OF SAID PLAT OF MOTOROLA AND ALL OTHER BEARINGS HEREIN ARE IN REFERENCE THERETO), ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E- 4, A DISTANCE OF 1176.29 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 398.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 17 DEGREES 25 MINUTES 38 SECONDS, A DISTANCE OF 121.06 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 10 DEGREES 15 MINUTES 35 SECONDS WEST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 978.11 FEET TO THE POINT OF CURVATURI~ OF A CURVE TO THE LEFT, HAVING A RADIUS OF 393.19 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 22 DEGREES 26 MINUTES 28 SECONDS, A DISTANCE OF 154.00 FEET TO A POINT OF TANGENCY; THENCE SOUTH 12 DEGREES 10 MINUTES 53 SECONDS EAST, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 72.61 FEET TO THE SOUTHEAST CORNER OF SAID PLAT OF MOTOROLA; THENCE SOUTH 88 DEGREES 55 MINUTES 53 SECONDS WEST, ALONG THE SOUTH LINE OF SAID PLAT OF MOTOROLA, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF THE BOYNTON CANAL C-16, AS RECORDED IN OFFICIAL RECORDS BOOK 3553, PAGE 982, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF 1478.02 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, BEING THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-WAY DEDICATED BY SAID PLAT; THENCE NORTH 00 DEGREES 12 MINUTES 55 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 518.04 FEET; THENCE NORTH 04 DEGREES 21 MINUTES 02 SECONDS EAST, ALONG THE EASTERLY RIGHT-OF-WAY OF CONGRESS AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 6654, PAGE 408, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF 130.08 FEET; THENCE NORTH 00 DEGREES 38 MI2qUTES 39 SECONDS EAST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 250.40 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS EAST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 13.08 FEET; THENCE NORTH 25 DEGREES 55 MINUTES 15 MINUTES WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 26.83 FEET; THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 155.43 FEET; THENCE NORTH 00 DEGREES 24 MINUTES 18 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A S:\CA\Ordinances\Planning\Rezoning\Rezoning - Motorola.doc DISTANCE OF 241.34 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, BEING THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-WAY DEDICATED BY SAID PLAT; THENCE NORTH 01 DEGREES 44 MINUTES 21 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 408.01 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF 150.11 FEET; THENCE SOUTH 01 DEGREES 44 MINUTES 21 SECONDS WEST, A DISTANCE OF 298.39 FEET; THENCE SOUTH 28 DEGREES 15 MINUTES 39 SECONDS EAST, A DISTANCE OF 138.72 FEET; THENCE SOUTH 00 DEGREES 49 MINUTES 14 SECONDS EAST, A DISTANCE OF 420.90 FEET; THENCE SOUTH 89 DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF 213.61 FEET TO THE POINT OF BEGINNING; TOGETHER WITH ALL THAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: PARCEL 3 COMMENCING AT THE NORTHEAST CORNER OF SAID PLAT OF MOTOROLA, SAID POINT LYING 50.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF NW 22"a AVENUE AND LYING ON THE WESTERLY RIGHT-OF-WAY OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E..4; THENCE FROM SAID POINT OF COMMENCEMENT, SOUTH 07 DEGREES 10 MINUTES 03 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE IN THE MERIDIAN OF SAID PLAT OF MOTOROLA AND ALL OTHER BEARINGS HEREIN ARE IN REFERENCE THERETO), ALONG THE WESTERLY RIGHT-OF-WAY OF SAID LAKE WORTH DRAINAGE DISTRICT CANAL E-4, A DISTANCE OF 4.02 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF bUN 22Nn AVENUE BEING THE SOUTH LINE OF THAT CERTAIN 4.0 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-WAY DEDICATED BY SAID PLAT; THENCE SOUTH 89 DEGREES 04 MINUTES 47 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 931.19 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 04 MINUTES 47 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 471.99 FEET; THENCE SOUTH 45 DEGREES 24 MINUTES 34 SECONDS WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 6654, PAGE 410, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, A DISTANCE OF S:\CA\Ordinances\Planning\Rezoning\Rezoning - Motorola.doc 55.26 FEET; THENCE SOUTH 01 DEGREES 44 MINUTES 21 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 198.34 FEET; THENCE SOUTH 05 DEGREES 32 MINUTES 47 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 240.97 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LI2'4E OF CONGRESS AVENUE, BEING THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-WAY DEDICATED BY SAID PLAT; THENCE SOUTH 01 DEGREES 44 MINUTES 21 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 188.39 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF 208.30 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 29 SECONDS WEST, A DISTANCE OF 207.27 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 198.94 FEET; THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 85 DEGREES 32 MINUTES 37 SECONDS, A DISTANCE OF 297.03 FEET TO THE END OF SAID CURVE; THENCE NORTH 00 DEGREES 54 MINUTES 59 SECONDS WEST, A DISTANCE OF 19.95 FEET TO A POINT OF CURVAI'URE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 87.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 42 DEGREES 20 MINUTES 30 SECONDS, A DISTANCE OF 64.29 FEET TO THE POINT OF TANGENCY; THENCE NORTH 41 DEGREES 25 MIN-UTES 31 SECONDS EAST, A DISTANCE OF 119.55 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 288.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 22 DEGREES 20 MINUTES 41 SECONDS, A DISTANCE OF 112.32 FEET TO THE POINT OF BEGINNING. CONTAINING: 2164736.963 SQUARE FEET OF 49.695 ACRES, MORE OR LESS SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD. be and the same is hereby rezoned fi.om PID Planned Industrial Development to C-3 Community Commercial. A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the S:\CA\Ordinances\Planning\Rezoning\Rezoning - Motorola.doc land remainder of this Ordinance. Section 6. This ordinance shall become effective simultaneously with the appropriate amendment. FIRST READING this ~ day of SECOND, FINAL READING and PASSAGE this ,2003. day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S: \CA\Ordinances\Planning\Rezoning\Rezoning - Motorola.doc DEVELOPMENT DEPARTMENT PLANNZNG & ZONING DTV~SZON 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 Project/Applicant: PRO3ECT DESCRTPTION MOTOROLA DRI/Daryt M. Carter Mauw 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 DR]: consisting of ±49.69 acres classified Industrial (Il and zoned Planned Industrial Development (PTD). Proposed change/use: To reclassify the subject portion of the property from Industrial (I) to Local Retail Commercial (L~,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. ft. of commercial development. Adjacent Land Uses and Zoning: North: The developed portion of the Motorola DR]: 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 8oynton) 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 DRI East: West: Right-of-way of the Lake Worth Drainage District E-4 Canal, then developed property (Boynton Beach High School) designated Industrial [I) and zoned P[D Planned Industrial Development (Quantum Park). Right-of-way of Congress Avenue then commercial development (Catalina Center) designated Local Retail Commer, cial (LRC) and zoned C-3 Community Commercial. PRO3ECT ANALYSIS The parcels, which are the subject of this land use amendment, total _-~4.9.69 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 Ftodda 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 ]:mpact (DRJ) where the law permits amendments to be adopted without being subject to the twice- yearly restrictions. The criteda used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Adm/n/s~rat~bn and Enforcemen~ ]~tem C. Comprehensive Plan Amendments: Rezonings. These criteda are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. aD Whether the proposed land use amendment/rezoning would be cons/stent w/th applicable comprehensive plan po/lc/es including but not//m/ted to, a prohibition against any increase in dwe#ing unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning D/v/sion and the City's risk manager. 7-he planning depar~rnent shall also recommend Iimitagbns or requirements, which would have to be imposed on subsequent development of the property, in order to comply with po/ides contained in the comprehensive plan. 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 Mixed Use land use category, and Central Business zoning Page 3 File Number: LUAR 02-007 Motorola DRI 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 desiqnated "]:ndustrial" on the currently adopted Future Land Use Map ,may be converted to commercial or residential desiqnations if the conversion (i) would '"";~",,,,.~,, .......... ~,, ~,,,,,,~*~ the generate a range af emplayment choices for current and future residents, provide goods and services of regional importance, ............. '"" ...... ;' ';~-:~'*"'~ ide opportu ities fo City ................. ~ ............or would prov n r the to meet its Ionq-ranqe housinq qoals; and (ii~ is based upon adequate data includinq market analysis. (This language reflects a policy amendment as currently proposed in amendment cycle Z-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 pordon of the site remaining with an "~ndustdal" land use designation and PIP 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. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated dist,'ct unrelated to adjacent and nearby distn'cts, or would cons~'tute a grant of spec/al priv/lege to an indiv/dua/ property owner as cont)-asted wit~ the protecO'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 03, Community Commercial. c. Whether changed or changing conditfons make the proposed r~zoning 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. Instead, Motorola has drastically 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 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. Whether ~he proposed use would, be compatible w/th utility systems, roadways, and other public facilities. The traffic analysis submitted on behalf of the applicant states that the Motorola DRI 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 ].27,000 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 pdor owners of the property. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's munidpalities throughout the ].0-year planning pedod. 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 aut~horities. eo Whether the proposed rezoning would be compa~'b/e with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. Refer to responses provided under items "b"and "c'~ above. Whether the property is physically and economically developable under the exist~'ng 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 Motorota DR]: 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. Whether the proposed rezon/n~ is ora scale which is reasonably rela~ed ~o 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. Itt 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 di~'c~ where such use is a/ready a/lowed. The site is one of the two Developments of Regional Impact in the City. The other, Quantum Park, has already almost completely deve!oped with a mixture of indus*dial, 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. CONCLUSIONS / RECOI~II~I EN DA'I'J:ONS 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 antidpated 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. ]:f the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "C". ATTACH M ENTS .]:~'I.~RDATA\P~<]\.SHARED\WP~PROjECT~I',,~O4~ 01~t~LUAR~S"rAFF I~EPORT LOcation Map MOTOROLA P. I. D. EXHIBIT "A" PUD--~_~t C3 C3 QUANTUM PARK ", RID, 0.3 ~les EXHIBIT "B" TROUTMAN CONSULTING, sportation Planners and Engineers November 1, 2002 2324 South Congress Avenue, Suite 1H West Palm [3ea¢:h, FL 33406 (561) 434-1644 Fax 434-1663 www. pindertroutman.com 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 re~erenced 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 ot: 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. The maximum development will be limited based on the total external trips approved I:or the existing DRI. Attachment 1 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 currendy approved under the Motorola DRI. Please call this office is you have any comments. Very ~r y KMP/Idr Enclosures cc: Dick Hudson Jeff Douglas Duke Woodson Letter .,~ohy~,ddin 02-129 ! 1-1-02 EXHIBIT I'B" B~YNTO RESIDENTIAL LOW DENSITY .(LDR.) ? MA'x 4.84 D.U~7A~'R'E MODERATE DENSITY (MOOR) 'MAX 7.2'6 D.U./ACRE MEDIUM DENSITY -(MeDR) MAX 9.68 D.U./ACRE ih'ICH_ DENS~["Y' .(HDR) .. MAX 10.8 D;.U.TA'CRE COMMERCIAL OFFICE (OC) ' 'LOCAL RETAIL (LRC),.. GENER,~L "(CC) ~ :iNDUS~'R. IAL '~'~i) · OTHER " AGRICULTURE ",, (A) ':'REORE'ATIO N A L '(R) iP_:LtB. L_I~__& P.RI.V A T_E ....... (P P.G_I ) ... GOVE RNI~ E N'TA L/I N S TIT U-T-i'0N A ~. MIXED USE (MX) XII. - LEGAL ITEM B.3 CITY OF BOYNTON BEAC1 AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] April 1, 2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) March 31, 2003 (Noon) April 14, 2003 (Noon) May 5, 2003 (Noon) Requested City Commission Meeting Dates [] June 2,2003 [] June 17, 2003 [] July 1,2003 [] July 15,2003 Da~ Final Form Mustbe Tumed in to City Clerk's Office May 19, 2003(Noon) June 2, 2003(Noon) June 16, 2003(Noon) June 30, 2003(Noon) NATURE OF AGENDAITEM [] Admimstrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 1, 2003 City Commission Agenda under Leg _aJ2 Ordinance - First Reading. The City Commission with a unanimous vote, recommended that the subject requesfbe .': approved under Public Hearing on March 18, 2003. For further details pertaining to the request, see attached Dep~rtme~f~ .df Development Memorandum No. PZ 03-052. '- %: .-/-r1 EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Beck's Towing & Recovery (LUAR 03-001) Carl A. Cascio, P.A. Custom Property Services, Inc. (Contract Pending) 410 N.E. 5th Avenue Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: . N/A Deve.~'~t ~at ~ient~~ I~rector Planmng and Zo*rfing Director City Attorney / Finance / Human Resources S:~lanning~SHARED\WPXPROJECTS~Beck's Towing & Recovery~LUAR'~Agenda Item Request Beck's Towing & Recovery LUAR 03-001 Amend 1st reading 4-1-03.dot S:'43ULLET1NZFORMS'~AGENDA ITEM REQUEST FORM.DOC · C~t~ Manager's Signature ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT 410 N.E. 5rH AVENUE, CONSISTING OF APPROXIMATELY 0.50 ACRES OF LAND, (BECK'S TOWING & RECOVERY); AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSWE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; THE LAND USE DESIGNATION IS BEING CHANGED FROM GENERAL COMMERCIAL (GC) TO INDUSTRIAL (I); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Furore Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WItEREAS, 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: The foregoing WHEREAS clauses are tree and correct and incorporated herein 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 Industrial (I). Said land is more particularly described as follows: Lots 44, 45 and 46 together with that portion of vacated "Park Area" lying westerly of, and adjacent to said Lots 44, 45 and 46, all being in ARDEN PARK, according to the Plat thereof recorded in Plat Book 2, Page 96, Public S:\CA\Ordinances\Planning\Land Use\Beck's Land Use.doc Records of Palm Beach County, Florida. Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this ~ day of ,2003. SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S: \CA\Ordinances\Planning\Land Use\Beck' s Land Use.doc TO: FROM: THROUGH: DATE: PRO3ECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-052 Chairman and Members Communib/Re.~.d%v?lo~t: Agency Board and Cib/Commission ' i2~1!l,,/ Dick Hudson, ~.~1~ Senior Plannerv Michael W. Rumpf?~'(~/ Director of Planning and Zoning February 24, 2003 Beck's Towing and Recovery/LUAR 03-001 To reclassify the property from General Commercial (GC) to Industrial (I) and rezone from C-4 General Commercial to M-1 Industrial Property Owner: Applicant/Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses and Zoning: North: South: PRO]ECT DESCRIPTION Custom Property Services, Inc. Stephen Beck/Carl A. Cascio, P. A. 410 N. E. S~ Avenue (Exhibit "A'9 General Commercial (GC) C-4 General Commercial Industrial (I) M-1 Industrial Auto towing and storage Right-of-way of N.E.5th Ave., then vacant property designated General Commercial (GC) and zoned C-4 General Commercial Developed single-family residence, then auto-related uses, both designated General Commercial (GC) and zoned C-4 General Commercial Page 2 File Number: LUAR 03-001 Beck's Towing and RecoveG/ East: ]:mproved alley-way, then developed office-warehouse facility housing a variety of businesses, including glass replacement and metal work, designated ]:ndustriat (]:) and zoned H-1 Zndustrial. West: Right-of-way of N.E. 3rd Street, then developed office-warehouse facility designated General Commercial (GC) and zoned C-4 General Commercial PRO.] ECT ANALYS]'S The parcels, which are the subject of this land use amendment, total 0.50 acres (21,900 square feet). Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, ]:tem C. Comprehensive P/an Amendments: Rezon/ngs. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Hap. a. Whether the proposed rezon/ng wou/d be cons/stent with app//cab/e comprehensive p/an po#c/es inc/uding but not//m/ted to, a prohibition against any increase in dwe///ng unit density exceeding .~0 in the hurricane evacuation zone without written approva/ of the Pa/m Beach County Emergency P/arming D/v/s/on and the City's risk manager. The p/arming department sha// a/so recommend/imitations or requirements, which wou/d have to be imposed on subsequent deve/opment o? the property, in order to comp/y with po#c/es contained in the comprehensive p/an. Policy 1.19.4 of the Land Use Element reads: "The City sha// continue to encourage and enforce the deve/opment o? industr/a/ /and as industr/a/ parks or concentrated industria/ areas in order to maximize the/inkage between comp/ementary industries." The area adjacent to the subject parcel contains a variety of auto-related businesses. The requested land use am.endment and rezoning will allow another such business to locate proximate to those existing uses, thus providing greater opportunities for linkages. Policy 1.9.5 of the Land Use Element reads (in part): "The City, by 2002, sha// conduct studies and/or prepare redeve/opment p/aris/:or areas designated by the Pr/mary Target Areas Over/ay. The p/aris sha//, in part,/mp/ement or further the adopted Boynton Beach 20/20 Redeve/opment /v/aster P/an w/th use provisions, deve/opment standards and design criteria which may address pub/ic improvements, infrastructure, bui/ding p/acement, architectura/ character, streetscape, Page 3 File Number: LUAR 03-001 Beck's Towing and Recovery signage, /andmark opportunities and unifying design concepts. Imp/ementat/on mechanisms may inc/ude, but are not i/mired to, adopt/on of over/ays in the/and deve/opment regu/at/ons, amendments to/and deve/opment regu/at/ons, and/or ?brough rezon/ng to new or existing districts..." The Heart of Boynton Community Redeve/opment P/an, as adopted on December 4, 2001, is an implementation measure of the cited policy. The "Proposed Land Use Map" for the redevelopment plan proposes that the land area in the "Arden Park" neighborhood currently designated "Industrial" should be extended westward to include the property on the east side of N.E. 3r~ Street (see Exhibit "B'~. This extension of the industrial-designated land would include the subject property. bo Whether the proposed rezon/ng wou/d be contrary to the estab//shed /and use pattern, or wou/d create an/so/ated d/strict unre/ated to adjacent and nearby districts, or wou/d constitute a grant o? spec/a/ pr/v//ege to an/nd/v/dua/property owner as contrasted w/th the protect/on o? the pub/it we/?are. The requested rezoning would not create an isolated district, but would relate to the adjacent land use designations to the east and to the existing uses in the area generally surrounding the subject property. (The use of the property abutting the south side of the subject site, as a single-family dwelling, is nonconforming with the uses permitted in C-4 General Commercial.) The proposed change is consistent with recommendations of the ffeart of Boynton Community Redeve/opment P/an. Whether changed or changing conditions make the proposed rezon/ng desirab/e. The adoption of the Heart o?Boynton Commun/ty Redeve/opmentP/an, in 2001, and the recommendations of that plan make the proposed rezoning desirable as a step toward implementation of the plan. d. Whether the proposed use wou/d be compat/b/e with ut//i~' systems, roadways, and other pub/it ?ac/i/ties. Properties less than one acre in size are not required to prepare comparisons of water and wastewater demands. Since no additional development is proposed at this time on the subject property, no changes are anticipated in the demands on either water or wastewater. Neither are there any anticipated increases in traffic impacts. With respect to solid waste, in a letter dated December 18, 2001 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. 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 permi~ing authorities. Whether the proposed rezonin9 wou/d be compat/b/e with the current and future use of adjacent and nearby properties, or wou/d affect the property va/ues o? adjacent or nearby properties. Page 4 File Number: LUAR 03-001 Beck's Towing and Recovery As stated above under "Project Description", the existing uses generally surrounding the subject site are intense commercial and industrial uses. The proposed land use amendment and rezoning would generally be compatible with existing uses of adjacent properties. Whether the property is physically and economically developable under the ex/st/n~ zon/rl~. The property is currently developed and used as the site of a nursery and lawn maintenance business and could be redeveloped with a broad range of high intensity commercial uses. Whether the proposed rezon/ng is of a scale which is reasonably related to the needs o? the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, intensity, use, value and consistency with Comprehensive Plan policies. As indicated above, impacts of the proposed project on the service delivery and transportation systems will be negligible. ]:t is consistent with the cited Comprehensive Plan policies. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is a/ready a/lowed. The amount of land designated for industrial uses is very limited, particularly in the part of the City east of [-95 so it is doubtful that other sites for this use can easily be found. This location is convenient to the downtown as well as to other ancillary auto-related uses that serve the residents of the City. CONCLU$1:ON$/RECOM MENDAT]:ON$ 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, l:f the Planning and Development Board or the City Commission recommends conditions, they will be included as Exhibit "C". AI-FACHHENTS ]:\SHRDATA\Ptanning\SHARED\WP\PRO]ECT~Seck'$ Towing 8,. Recovery\LUAR\STAFF REPORT.doc Location Map BECK'S TOWING Exhibit A C2" R3 _N E :z7:'~ bLAV_ E ~ REC-r'q--~ NE-6q:H-AVE- NE~5TH-~VE NE6-T z R2-~ Z SITE z r-' NE~ CBD I-'JOYN i r,.)N U'EACl::F13'LVD PU N The Heart of Boynton Redevelopment Master Plan Exhibit B Proposed Land Use Map ~gure t6 Strategic Planning Group, Inc. 1 (800) 213-PLAN Page 53 CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Tnitiating department must prepare Agenda ]~tem Request Form. Submit original agenda request (with back up) and one copy of aqenda request (with back up) to the City Clerk's office, l~tems must be submitted by the deadlines indicated below. :Incomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates E~December 3, 2002 November :L8, 2002 (noon) November 27, 2002 (3:00 p.m.) - P & D [--]December 17, 2002 December 2, 2002 (noon) December 11, 2002 (3:00 p.m.) CRA ]--].]anuary 7, 2003 December 16, 2002 (noon) December 20, 2002 (3:00 p.m.) - P & D [--l.lanuary 21f 2003 .January 6f 2003 (noon) .]anuary 15t 2003 (3:00 p.m.) - CRA [--]February 4, 2003 .]anuary 21, 2003 (noon) .]anuary 29, 2003(3:00 p.m ) - P & D [--]February 18, 2003 February 3, 2003 (noon) February 12~ 2003 (3:00 p.m.) - CRA [~]March 4~ 2003 February 18, 2003 (noon) February 26, 2003 (3:00 p.m.) - P & D [~March 18, 2003 March 3~ 2003 (noon) March 12~ 2003 (3:00 p.m.) CRA Departments are responsible for securing the following signatures on attached Agenda Request Form: Department Head [--] Wilfred Hawkins (for departments under Administrative Services) Finance Department (for items that involve expenditure of funds) All back up material is attached All exhibits are attached & marked (e.g., Exhibit "A'~ Department Head's initials: Beck's Towing & Recovery (LUAR 03-001) Please do not write in the shaded area below. Legal Department signature [--] 1-1'EM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing [] Incomplete submittal [] Missed deadline [--] Other [--] Reason: City Manager's signature Person contacted to pick up rejected request by bg - 7/I9/02 S:\CityTemplates\City Mgr\Agenda Item Cover Checklist Dec 3-Plarch 18, 2003.doc on .(Date) XII. - LEGAL ITEM B.4 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] April 1,2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) I I July 15, 2003 June 30, 2003 (Noon) [] Admimstrative [] Legal [] Announcement [] NewBusmess '.:~ [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 1, 2003 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission with a unanimous vote, recommended that the subject request be approved under Public Hearing on March 18, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-052. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Beck's Towing & Recovery (LUAR 03-001) Carl A. Cascio, P.A. Custom Property Services, Inc. (Contract Pending) 410 N.E. 5t~ Avenue Request to rezone subject property from C-4 General Commercial to M-1 Industrial. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES_:~ N/A Devel~.l~en~ Department Director Director City Attorney / Finance / Human Resources SAPlanningXSHARED\WPXPROJECTS~Beck's Towing & Recov~XLUAR~genda Item Request Beck's Towing & Recovery LUAR 03-001 Rezone 1st reading 4-1-03.dot ' - (~ity Manager's Signature SABULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF BECK'S TOWING AND RECOVERY; AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-4 GENERAL COMMERCIAL TO M-1 INDUSTRIAL; PROVDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WI-IEREAS, Stephen Beck, as owner of the property more particularly described hereinafter, has heretofore filed a Petition, through his agent, Carl A. Casio, P.A., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of vacant land consisting of approximately 0.50 acres, said land being more particularly described hereinafter, from General Commercial District (C-4) to M-1 Industrial; and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WI-IEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WI-IEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TItE CITY OF BOYNTON BEACIt, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are tree and correct and incorporated S:\CA\Ordinances\Planning\Rezoning\Rezoning - Beck's.doc herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: Lots 44, 45 and 46 together with that portion of vacated "Park Area" lying westerly of, and adjacent to said Lots 44, 45 and 46, all being in ARDEN PARK, according to the Plat thereof recorded in Plat Book 2, Page 96, Public Records of Palm Beach County, Florida. be and the same is hereby rezoned from General Commercial District (C-4) to M-1 Industrial. A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6: 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 7. This ordinance shall become effective immediately upon passage. FIRST READING this __. day of ,2003. SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner S: \CA\Ordinances\Planning\Rezoning\Rezoning - Beck' s. doc ATTEST: City Clerk (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rez°ning - Beck's.doc Location Map BECK'S TOWING Exhibit A R3 Z ITl -R2::~ N,~ 4TNI~ .A,............~ RECF-/-- NE-6q::H-AVE- SITE R; CBD TO: FROM' THROUGH: DATE: PRO.1ECT NAME/NUMBER: REQUEb-T: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-0[;2 Chairman and Members Community Re.~.de~elop/~...ent Agency Board and City Commission Dick Hudson, Senior Planner- Michael W. Rumpf?\~' Director of Planning and Zoning February 24, 2003 Beck's Towing and Recovery/LUAR 03-001 To reclassify the property from General Commercial (GC) to Industrial (t) and rezone from C-4 General Commercial to Industrial Property Owner: Applicant/Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses and Zoning: North: South: PRO3ECT DESCRIPTION Custom Property Services, Inc. Stephen Beck/Carl A. Cascio, P. A. 410 N. E. 5~ Avenue (Exhibit "A'~) General Commercial (GC) C-4 General Commercial Industrial (I) M-1 Industrial Auto towing and storage Right-of-way of N.E.5th Ave., then vacant property designated General Commercial (GC) and zoned C-4 General Commercial Developed single-family residence, then auto-related uses, both designated General Commercial (GC) and zoned C-4 General Commercial Page 2 File Number: LUAR 03-001 Beck's Towing and Recovery East: Improved alley-way, then developed office-warehouse facility housing a variety of businesses, including glass replacement and metal work, designated Industrial (I) and zoned F4-1 Industrial. West: Right-of-way of N.E. 3r~ Street, then developed office-warehouse facility designated General Commercial (GC) and zoned C-4 General Commercial PRO.~ ECT ANALYSTS The parcels, which are the subject of this land use amendment, total 0.50 acres (21,900 square feet). Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, ]:tem C. Comprehensive P/an Amendments: Rezon/ngs. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be cons/stent with applicable comprehensive p/an po#c/es including but not//m/ted to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning D/v/s/on and the City's risk manager. The planning department shall a/so recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply w/th po#c/es contained in the comprehensive p/an. Policy 1.19.4 of the Land Use Element reads: "The C/ty sba~~ cont/nue to encourage and enforce the deve/opment of /ndustr/a/ /and as /ndustr/a/ parks or concentrated/ndustr/a/areas/n order to max/m/ze the//nkage between comp/ementary /ndustr/es." The area adjacent to the subject parcel contains a variety of auto-related businesses. The requested land use amendment and rezoning will allow another such business to locate proximate to those existing uses, thus providing greater opportunities for linkages. Policy 1.9.5 of the Land Use Element reads (in part): "The City, by 2002, shall conduct stud/es and/or prepare redevelopment plans for areas designated by the Pr/mary Target Areas Over/ay. The plans shall, in part, implement or further the adopted Boynton Beach 20/20 Redevelopment Master P/an w/th use provisions, development standards and design criteria which may address public improvements, infrastructure, building placement, architectural character, streetscape, Page 3 File Number: LUAR 03-001 Beck's Towing and Recovery $ignage, landmark opportunities and un/~//ng design concept. £mplementadon mechanisms may include, but are not//m/ted to, adopt/on of overlays/n the/and development regulations, amendmen~ to/and development regulations, and/or through rezon/ng to new or existing d/$tr/c~. . ." The Heart of BoFnton Community Redevelopment P/an, as adopted on December 4, 2001, is an implementation measure of the cited policy. The "Proposed Land Use Map" for the redevelopment plan proposes that the land area in the "Arden Park" neighborhood currently designated "~[ndustrial" should be extended wesPvvard to include the properly on the east side of N.E. 3~d Street (see Exhibit "B'~. This extension of the industrial-designated land would include the subject property. b. Whether the proposed rezoning would be contrary to the established/and use pattern, or would create an isolated d/strict unrelated to adjacent and nearby district~, or would constitute a grant of spec/al privilege to an individual property owner as contrasted w/th the protect/on o£ the public we/flare. The requested rezoning would not create an isolated district, but would relate to the adjacent land use designations to the east and to the existing uses in the area generally surrounding the subject property. (The use of the property abutting the south side of the subject site, as a single-family dwelling, is nonconforming with the uses permitted in C-4 General Commercial.) The proposed change is consistent with recommendations of the Heart ofBoynton Communit~ Redevelopment P/an... c. Whether changed or changing conditions make the proposed rezon/ng desirable. The adoption of the Heart of Boynton Community Redevelopment P/an, in 2001`, and the recommendations of that plan make the proposed rezoning desirable as a step toward implementation of the plan. d. Whether the proposed use would be compatible with utility systems, roadways, and other public ?ac#it/es. Properties less than one acre in size are not required to prepare comparisons of water and wastewater demands. Since no additional development is proposed at this time on the subject property, no changes are anticipated in the demands on either water or wastewater. Neither are there any anticipated increases in traffic impacts. With respect to solid waste, in a letter dated December 18, 2001_ 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. 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 with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. Page 4 File Number: LUAR 03-001 Beck's Towing and Recovery As stated above under "Project Description", the existing uses generally surrounding the subject site are intense commercial and industrial uses. The proposed land use amendment and rezoning would generally be compatible with existing uses of adjacent properties, Whether the property/$ phys/¢a//y and econom/ca//y deve/opab/e under the ex/st/ag zoning. The property is currently developed and used as the site of a nursery and lawn maintenance business and could be redevetoped with a broad range of high intensity commercial uses. g. Whether the proposed rezoning is ora $ca/e which is reasonab/y related to the needs of the neighborhood and the city as a who/e. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, intensity, use, value and consistency with Comprehensive Plan policies. As indicated above, impacts of the proposed project on the service delivery and transportation systems will be negligible. Tt is consistent with the cited Comprehensive Plan policies. h. Whether there are adequate sites e/sewhere in the c/tx/'or the proposed use, in districts where such use is a/ready a//owed. The amount of land designated for industrial uses is very limited, particularly in the part of the City east of :[-95 so it is doubtful that other sites for this use can easily be found. This location is convenient to the downtown as well as to other ancillary auto-related uses that serve the residents of the City. CONCLUSIONS/RECOMMENDATI:ONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. ~[f the Planning and Development Board or the City Commission recommends conditions, they will be included as Exhibit "C". ATTACH MENTS J:\$HRDATA\PIanning\SHARED\WP\PRO,1ECr~BecX'$ Towing & ReCovery\LUAR\STAFF REPORT.doc Location Map BECK'S TOWING Exhibit A L R3 ..NE-5TH-AVE REC-~ .... N SITE -- N E-7-T4 R: NE-6-T "CBD The Heart of Boynton Redevelopment Master Plan Exhibit B Pul~ ~,lJ t~lty Proposed Land Use Map fill i .i.lll Strategic Planning Group, Inc. 1 (800) 213-PLAN Page 53 Q CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one coov of aqenda request (with back up) to the City Clerk's office. Items must be submitted by the deadlines indicated below. ]:ncomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates I-)December 3, 2002 November 18, 2002 (noon) November 27, 2002 (3:00 p.m.) - P & D [-'-]December 17, 2002 December 2, 2002 (noon) December 11, 2002 (3:00 p.m.) CRA [--l_lanuary 7, 2003 December :16, 2002 (noon) December 20, 2002 (3:00 p.m.) - P & D I--].lanuary 21, 2003 January 6~ 2003 (noon) January zS~ 2003 (3:00 p.m.) - CRA I--)February 4, 2003 January 21, 2003 (noon) January 29, 2003(3:00 p.m ) - P & D [~]February 1_8, 2003 February 3, 2003 (noon) February 1.2~ 2003 (3:00 p.m.) - CRA i-)March 4, 2003 I February 1.8, 2003 (noon) February 26, 2003 (3:00 p.m.) - P & D [~]March 18, 2003 I March 3~ 2003 (noon) I March 12~ 2003 (3:00 p.m.) CRA Departments are responsible for securing the following signatures on attached Agenda Request Form: Department Head Wilfred Hawkins (for departments under Administrative Services) l--1 Finance Department (for items that involve expenditure of funds) [--1 All back up material is attached [] All exhibits are attached & marked (e.g., Exhibit "A'~ Department Head's initials: Beck's Towin9 & Recovery (LUAR 03-001) Please do not write in the shaded area below. Legal Department signature ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing [--) Tncomplete submittal E~] Missed deadline [--I Other I--1 Reason: City Manager's signature Person contacted to pick up rejected request by bg - 7/19/02 S:\CityTemplates\City lvlgr\Agenda Item Cover Checklist Dec 3-lvlarch ~.8, 2003.doc on .(Date)