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Agenda 04-15-03 The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA APRIL 15, 2003 Gerald Broening Mayor At Large Ronald Weiland [. B I ~/[. , Commissioner _ __DISTF',ICT IV District, /;~.~_ .---[~ i' i__._.~[~ Mack McCray ~ Commissioner District II ........ ~ Mike Ferguson ~ , Vice Mayor ~ IDI~TR~ District Ill ,~ ~ .-~ ..... car,.c.o, ....... Commissioner District IV TR KU~ Bressner I DIS City Manager www.boynton-beach.org We're Reinventing City Living for the Mi//enniurn WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBI.tC PAR~CIPAT~ON AT THE AGENDA: CZTY OF BOYNTON BEACH COMMISSION MEEI'~NGS 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. · Con~ent 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. SPEAICtNG 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 ~ 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 City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA April 15, 2003 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Mary Faith Nesmith, Ascension Lutheran Church C. Pledge of Allegiance to the Flag led by Mayor Broening D. IF YOU WISH TO ADDRESS THE COMM_T$SIQ~': · FILL OUT THE APPROPRIATE RE(~UEST FORM · GIVE ZT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COt4E TO THE PODIUt4 WHEN THE t4AYOR CALLS YOUR NAt4E INDIVIDUALS t4AY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption TI. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEt4ENTS~ COt4t4UNTrY & SPECIAL EVENTS~ & PRESENTAT']:ONS: A. Announcements: B. Community and Special Events C. Presentations: 1. Proclamations: a. "Drinking Water Week" - May 4-10, 2003 Agenda Regular City Commission Heeting Boynton Beach, Florida April :!.5, 2003 b. Community Development Week - April 21-27, 2003 c. Municipal Clerks Week - April 27 - May 3, 2003 1¥. ADMTN];STRA'rl'VE: A, Appointments to be made: Appointment Length of Term To Be Made Board Expiration Dat~: Mayor Broening Advisory Bd on Children & Youth Reg 2 yr term to 4/05 Tabled (2) ! Weiland Advisory Bd on Children & Youth Reg 2 yr term to 4/05 Tabled (2) !V McKoy Advisory Bd on Children & Youth Alt ! yr term to 4/04 Tabled (2) Mayor Broening Advisory Bd on Children & Youth Stu/Reg/Voting ! yr term to 4/04 Tabled (2) ! Weiland Advisory Bd on Children & Youth Stu/Reg/Voting ! yr term to 4/04 Tabled (2) !V McKoy Bldg. Bd of Adj & Appeals Alt ! yr term to 4/04 Tabled (3) Mayor Broening Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/06 Tabled (2) ! Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/06 Tabled (2) !T! Ferguson Cemetery Board Alt ! yr term to 4/04 Tabled (3) Mayor Broening Cemetery Board Reg 3 yr term to 4/06 Tabled (2) ! Weiland Code Compliance Board Reg 3 yr term to 4/06 Tabled (2) !V McKoy Code Compliance Board Alt ! yr term to 4/04 Tabled (2) Mayor Broening Community Relations Board Reg 3 yr term to 4/06 Tabled (2) ! Weiland Community Relations Board Reg 3 yr term to 4/06 Tabled (2) !! McCray Community Relations Board Alt ! yr term to 4/04 Tabled (2) ! Weiland Education Advisory Board Stu ! yr term to 4/04 ! Weiland Education Advisory Board Reg 2 yr term to 4/04 Tabled (3) TV McKoy Education Advisory Board Alt 1 yr term to 4/04 Tabled (2) Mayor Broening Education Advisory Board Reg 2 yr term to 4/05 Tabled (2) ! Weiland Education Advisory Board Reg 2 yr term to 4/05 Tabled (2) !! McCray Education Advisory Board Reg 2 yr term to 4/05 Tabled (2) ]~V McKoy Education Advisory Board Stu 1 yr term to 4/04 Tabled (2) !V McKoy Library Board Alt 1 yr term to 4/04 Tabled (2) Mayor Broening Library Board Reg 3 yr term to 4/06 Tabled (2) ! Weiland Library Board Reg 3 yr term to 4/06 Tabled (2) !! McCray Library Board Alt i yr term to 4/04 Tabled (2) ! Weiland Nuisance Abatement Board Alt I yr term to 4/04 Tabled (2) !! McCray Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) !!! Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) !V McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) 2 Agenda Regular City Commission Meeting Boynton Beach, Florida April 15~ 2003 Mayor Broening Planning & Development Board Reg 2 yr term to 4/05 Tabled (2) z Weiland Planning & Development Board Reg 2 yr term to 4/05 Tabled (2) I:i:z Ferguson Planning & Development Board Alt 1 yr term to 4/04 Tabled (2) I:V McKoy Planning & Development Board Alt I yr term to 4/04 Tabled (2) I:V McKoy Recreation & Parks Board Reg 3 yr term to 4/06 Tabled (2) Mayor Broening Recreation & Parks Board Reg 3 yr term to 4/06 Tabled (2) T Weiland Recreation & Parks Board Reg 3 yr term to 4/06 Tabled (2) Mayor Broening Senior Advisory Board Reg 2 yr term to 4/05 Tabled (2) ! Weiland Senior Advisory Board Reg 2 yr term to 4/05 Tabled (2) !TI: Ferguson Senior Advisory Board Alt :1 yr term to 4/04 Tabled (2) TV McKoy Senior Advisory Board Alt :1 yr term to 4/04 Tabled (2) I:V McKoy Firefighters' Pension Trust Reg 2 yr term to 4/05 Tabled (2) VZZZ. PUBL~[C HEARZNG: B. Project: Boynton Beach Marina (CDRV 03-001) Agent: Lawrence ,lustiz, TRG-Boynton Beach, Ltd. Owner: TRG-Boynton Beach, Ltd. Location: 743 N.E. 1~t Avenue Description: Request to amend the Land Development Regulations Chapter 2. Zoning, Section 6.F. MIXED USE ZONTNG D]:STR1~CTS, TABLE 6F-1, Schedule of permitted principal, accessory and conditional uses TO TNCLUDE residential, Single-Family, attached use as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district (1~r reading of proposed Ordinance No. 03-015) 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: 1. Agenda Preview Conference of March 31, 2003 2. Regular City Commission Meeting of April 1, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 1. Approve Police Department purchase of a SWAT Ladder Shield from Southern Precision Armory in the amount of $1,813.50 2. Award "CO-OP ANHYDROUS AMMONIA," Bid #041-2821-03/C3D, to Tanner Industries, Inc. of Southhampton, Pa. In the amount of $15,900 3 Agenda Regular City Commission Meeting Boynton Beach, Florida April 15, 2003 for the City of Boynton Beach Utilities Department - Contract Period: April 15, 2003 to April 14, 2004 3. Award the bid for "PURCHASE OF TWO NEW AND UNUSED 110 HP SUBMERSIBLE WASTEWATER PUMPS," Bid #027-2822-03/CJD, to Ellis K. Phelps and Company of Apopka, Florida, in the amount of $85,50,t (Each 110 HP Submersible Wastewater pump was quoted at $42,752) (Proposed Resolution No, R03-059) 4. ]:ntentionally left blank 5. Award the Consultant Agreement for "ARCH1TECTURAL/ENGINEER]:NG SERV]~CES FOR THE EXPANS]~ON/REMODEL OF THE LIBRARY," RFQ#024- 2413-03/C. JD to SCHENKEL & SCHULTZ, ]:NC. of West Palm Beach, Florida, in the amount of $492,895 (Proposed Resolution No, RO3- 060) C. Resolutions: 1. Proposed Resolution No, RO3-O61 Re: Execution of Amendment No. i to Task Order No. 01-06 to Camp, Dresser & McKee (CDM) for additional engineering services for the Downtown Watershed Stormwater ]:mprovements - Phase 2 of 3 project in the amount of $45,000 2. Proposed Resolution No. R03-062 Re: Execution of Task Order No. 01-11 with Utilities General Engineering Consultant, Camp Dresser & McKee, ]:nc. in the amount of $250,000 for the two-phase expansion of the West Water Treatment Plant (WWTP) 3. Proposed Resolution No. R03-063 Re: Execution of Task Order #01-07 with Utilities General Engineering Consultants Metcalf & Eddy, ]:nc. in an amount not to exceed $70,092 with a $7,500 project contingency for engineering services for the preparation of the Utilities Department Vulnerability Assessment (VA) to comply with requirements of the United States Environmental Protection Agency (EPA) 4. Proposed Resolution No, R03-064 Re: Release of a cash bond of $19,629.50 to Contractors Management Services, ]:nc. for the project known as High Ridge (Shell Buildings "A' and "B'~ 5, Proposed Resolution No, R03-O65 Re: Approving the Neighborhood Assistance Program and Eligibility Requirements as administered by the City's Neighborhood Services Division of the City Manager's office 4 Agenda Regular City Commission Meeting Boynton Beach, Florida April 15, 2003 6. Proposed Resolution No. R03-066 Re: Accepting a C~uit Claim Deed from TOUSA Homes, ]:nc. to the City of Boynton Beach for Tract 13, (~uail Lake West 7. Proposed Resolution No. R03-067 Re: Approving agreement for technical support between the City of Boynton Beach and the Community Redevelopment Agency (CRA) 8. Proposed Resolution No. R03-068 Re: Accepting the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years 03/04 - 05/06. These funds are for the continuation of the State Housing ]~nitiatives Partnership (SI-ITP) Program 9. Proposed Resolution No. R03-069 Re: Animal Services Contract reimbursing the City for certain Animal Care & Control Services 10. Proposed Resolution No. R03-070 Re: Authorizing eminent domain proceedings for the acquisition of one parcel of land in order to construct a fire station 11. Proposed Resolution No. R03-071 Re: Authorizing approval of 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 D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: 1. Schnars Business Center (ZNCV 03-002), 924 North Federal Highway Request relief from the City of Boynton Beach Land Development Regulations, Chapter 6, Article TV, Section :[.A.3, requiring parking lot driveways to be located :[20 feet from the intersection of the right--of-way lines along streets of higher classification to allow a :[3-foot variance, resulting in a distance of 107 feet from the intersection of Federal Highway and N.E. 9th Avenue for a proposed office/retail building 2. Boynton Beach Marina (MSPM 03-001), 743 N. E. :[st Avenue - Request for Major Site Plan Modification to increase multifamily units to 338 and add 12 townhouse units, decrease commercial/retail space to 24,59:[ square feet, increase garage parking spaces to 740 spaces, increase total project height to :[68 feet and other related site modifications Agenda Regular City Commission Meeting Boynton Beach, Florida April 15, 2003 3. Boynton Beach Marina (HTEX 03-002), 743 N. E. ist Avenue - Request for ileight Exception of 18 feet above the MU-II district limitation of 150 feet 4. Vermeer Southeast Sales (I. AAP 03-001), 1060 W. Industrial Avenue - Request for relief from the Ci~ of Boynton Beach Land Development Regulations, Chapter 7.5, Article 11, Section 5.E, buffer requirements, to avoid the requirement to install trees and a continuous hedge along the east (rear) perimeter F. Accept the written report to Commission of purchases over $10,000 for the month of March 2003 for informational purposes G. Approve the "SURPLUS EQUIPMENT LISTS" as submitted by staff and allow selling of same H. 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 7t~ to 10th Avenue Stormwater Improvement Project (INCA Project) ('TABLED TO APR. ZZ .ZS~ .2003) VI, CODE COMPLIANCE & LEGAL SETTLEMENTS: A. Review of Code Compliance Lien Modification Order dated April 4, 2003 and motion to ratify or modify the Board's decision (Crystal M. Simpson Case #98- 1571) - B. Review of Code Compfiance Lien Modification Order dated Apri) 4, 2003 and motion to ratify or modify the Board's decision (Jeffrey & Beverly Annabe) Case #00-2856) - VZI. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMrTED TO 3-MINUTE PRESENTATIONS VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERt4ZI'S A. Project: Gateway Plaza (COUS 02-005) (TABLED BY CXTY COi~i~XSS~'ON TO APRXL .~S~ 2003,) Agent: H. Burton Smith, P.E. Owner: KWB Charitable Trust Location: Lot 91 - Quantum Park PID (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PID) 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 6 Agenda Regular Ci~ Commission Heeting Boynton Beach, Florida April 15, 2003 CITY MANAGER'S REPORT: A. Update on Heart of Boynton Project (Tab/ed to Ap/'//.Z.~, 2003,) B. 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 Redevelopment Area (Proposed Resolution No. R03-058) (J'tem tabled to Apri/ ~ 2003`) X. FUTURE AGENDA TI'EMS: A. Review revocation of the license agreement between the City of Boynton Beach and 3ordan Wrecker Service (May 6, 2003) B. Proposed ordinance amending Chapter 9, "Fire Protection and Prevention," Section 9-18 "Fireworks" to provide for prohibition of the use of pyrotechnic special effects, flame effects, or similar devices inside buildings or other enclosed spaces (May 6, 2003) C. City Manager Evaluation D. Workshop regarding Cemetery options and proposal by Cemetery Board to expand cemetery west into Little League Park (Summer 2003) E. 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 ('T,4B/.ED OAf I~f.4RCH 2[~ 2003,) F. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with 3uvenile Transition Center, !nc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) Xz. NEW BUSZNESS: A. Discussion of the City's height allowances/restrictions along the Federal Highway Corridor LEGAL: A. Ordinances - 2"~ Reading - PUBL!C HEAR:lNG :[. Proposed Ordinance No. 03-011 Re: Amending the Comprehensive Plan Future Land use map to reclassify 49.695 acres of the Motorola DR! from Zndustrial (];ND) to Local Retail Commercial (LRC) 7 Agenda Regular City Commission Meeting Boynton Beach, Florida April 15, 2003 2. Proposed Ordinance No. 03-012 Re: Rezoning 49.695 acres of the Motorola DRT from Planned Tndustrial Development to C-3 Community Commercial 3. Proposed Ordinance No. 03-013 Re: Amending the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Tndustrial (]:) (Beck's Towing & Recovery) 4. Proposed Ordinance No. 03-014 Re: Rezoning property from C-4 General Commercial to M-1 Tndustrial (Beck's Towing & Recovery) B. Ordinances - 1~t Reading C. Resolutions: None D. Other: None X~ZT. UNFTNTSHED BUSTNESS: XIV. AD.1OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA1-FER CONSIDERED AT THIS MEETINGt HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS ANDt FOR SUCH PURPOSEt HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICEr PROGRAM/ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT .1OYCE COSTELLO~ (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FI'NAL AGENDA 4/15/2003 7:44 AM S:\CC\WP\OCAGENDA~AGENDAS\YEAR 2003\041503 FINAL AGENDA.DOC ZZi"'ANNOUNCEf4ENTS & PRESENTATIONS CITY OF BOYNTON BEA£ Item C.l.a AGENDA ITEM REQUEST FO v, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to CiW Clerk's Office Meeting Dates in to CiW Clerk's Office [] April I, 2003 March 17, 2003 (Noon.) [] June2, 2003 May 19, 2003 (Noon) X 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 X Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Proclaim May 4th through May 10th as Drinking Water Week recognizing the importance of drinking water in all of our lives. EXPLANATION: For over 30 years, the American Water Works Association has celebrated the first week of May as Drinking Water Week. This weeklong observance is to promote public awareness in drinking water issues. It also provides support for the community's involvement and action in safeguarding and conserving this vital resource. PROGRAM IMPACT: Promote City of Boynton Beach drinking water, our people and facilities that contribute to our community health and well being. FISCAL IMPACT: None ~ERNATIVES: Not to declare this proclamation. ~ Department Head's ~gnamre City Manager's Signature Utilities Department Department Name City Attorney / Finance / Human Resources S:\BULLETINWORMS~GENDA ITEM REQUEST FORM.DOC ,- .lC ,... WHEREAS, our health, safety, comfort, and prosperity depend upon an abundant water ~upply of the highest quality; and ~i WHEREAS, due to environmental concerns and population growth, water treatment ':iacilities must be planned with foresight, using modem techniques and state-of-the-art equipment; md WHEREAS, the American Water Works Association has scheduled a week of nationwide ,bservance of our water needs and services; and WHEREAS, water is one of the few basic and essential needs of mankind; and WHEREAS, the City of Boynton Beach has considered the health, the environment, and ihe social impact in ensuring that facilities and systems provide citizens a safe, dependable quality 3f water both now and for the future needs; and WHEREAS, dedicated men and women in our Utilities Department have made significant ;ontributions in developing, operating, and maintaining these systems. " NOW, THEREFORE, I, Gerald Broening, Mayor of the City of Boynton Beach, Florida, do ~ereby proclaim the week of May 4 through May 10, 2003 as "DRINKING WATER WEEK" !~nd ask all citizens to ioin with the Boynton Beach City Commissioners in commending the. i ~adicated men and w(~men of our community water system for their tireless efforts to proviae us ! ~vi-th an adequate supply of quality water for our use, health, and well being. , IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Flodda, to be affixed this 15t~ day of April, Two Thousand and Three. Gerald Broening, Mayor City of Boynton Beach ~,TTEST: ,, ~C~ty Clerk (Corporate Seal) . [[~[.-ANNOUNCEHENTS & PRESENTATIONS ]:tem C.l.b CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetinq Turned in to City Clerk's Commission Meet n,q Dates Tumed in to City Clerk's Office Dates Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] Apdl 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 Apd114, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May20,2003 May 5, 2003 (Noon) [] July15,2003 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 o3 [] Settlements [] Unfinished Business RECOMMENDATION: For the Mayor to proclaim April 21st through April 27th "Community Development Week" in the City Of Boynton Beach. EXPLANATION: See attached Exhibit "A". PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Not to make the proclamation. Dali3artrrr~r~t I'~icj~atu~e~ - (~,i'ty Manager's Signature Department of Development Community Improvement Division Department Name City Attorney / Finance / Human Resources The City of Boynton Beach recognizes its obligation and commitment to address the ,',,"ssinn needs of its citizens, including neighborhood issues, human .,se .rvic.es,.affordable ,housing, ~"," =. ........,=A. -,~.,,-ical redevelonment, and other issues tnat affect our everyoay i joo creation an(] re[uf~uu,,, F,,y~ ~- ,, . quality of life. Collaborative efforts are often ut~hzed ~n order to fully fund programs that are essential in addressing these needs. The Community Development Block Grant (CDBG) Program has operated since 1975 to provide local governments with the resources required to meet the needs of Iow and moderate- t income citizens. CDBG funds are used by thousands of neighborhood-based non-profit organizations throughout the nation to address these pressing neighborhood and human service t needs. The City of Boynton Beach has h,a.d great success in leveraging local and state funds with ~ CDBG program funds. Over the program s life the City has generally exceeded its goals and I measurable objectives for affordable housing, ownership opportunities, and rehabilitation for I~ housing. '- - .' n Beach and other local government entities have clearly demonstrated The Qty Of Boynto ..... lye it the capacity to administer and customize the CDBG Program to ~dent~fy, pnont~ze, and reso 1! pressing local problems such as affordable housing, neighborhood services, and physical ii redevelopment. 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 21-27, 2003, as: Community Development Week and urge all citizens to recognize the efforts of the Community Development Program. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 15t~ day of April, Two Thousand and three. Gerald Broening, Mayor Ii City of Boynton Beach ~', A'i~'EST: i City Clerk , ~ (Corporate Seal) ! $:\CO, W~CCAGENDA~:~.ocla_maQoos\CDBG Procb~3atioa - 2003.doc ZZZ.-ANNOUNCEt. tENTS& PRESENTATZONS Ztem C.l,c 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 3, 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 RECOMMENDATION: Proclaim the week of April 27 through May 3, 2003 as "Municipal Clerks Week." EXPLANATION: In 1969, the International Institute of Municipal Clerks (IIMC) initiated Municipal Clerks Week to recognize the important role of Municipal Clerks in local government, Clerks help to administer the laws and services that directly affect the daily lives of our citizens, They are dedicated professionals who play an instrumental role in maintaining the efficiency and effectiveness of the public sector, PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: The alternative to this recommendation would be to not issue this proclamation Janet M. Prainito, CMC City Manager's Signature City Clerk's Office City Attorney / Finance / Human Resources S:\CC~WP~CCAGENDAL~,gcnda Request Memos\City Clerks Week Proclamation - 2003.dot S:kBULLETIbAFORMS~AGENDA ITEM REQUEST FORM.DOC WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government, exists through'but the world; and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies, and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. WHEREAS, The Municipal Clerk serves as the information center on fur~lions of local government and community. WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participati(~n in education programs, seminars, workshops, and t~'e a~nual meetings of their state, province, county, and intemational professional organizations. WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Gerald Broening, Mayor of the City of Boynton Beach, Florida, do recognize the week of April 27 through May 3, 2003 as "MUNICIPAL CLERKS WEEK" and further extend appreciation to our Municipal Clerk, Janet M. Prainito, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 15= day of Apdl, in the Year 2003. Gerald Broening, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM B.1. AGENDA ITEM REQUEST __ _ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must bc 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) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation On [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to purchase from Southern Precision Armory a SWAT Ladder Shield in the amount of $1,813.50. EXPLANATION: During this years budget review it was determined to purchase this equipment with Federal Funds and not with normal budgeted funds. We have obtained three quotations and Southern Precision Armory is the low quote. The ladder shield is a ballistic shield and a four-foot stepladder in one. PROGRAM IMPACT: FISCAL IMPACT: Federal Justice Forfeiture Fund 691-5000-590-04-22 $1,813.50. ALTERNATIVES: Continue to have one oftl)e SWAT members carry a stepladder without a shield for)coy.er~ , ~7 ~' l~epa.V~ent Head's Signature City Manager's Signature Police ~ Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Ladder Shield Page ! of 2 SHIELD Explosive Training! The Ladder Shield protects an operator from a wall charge detonated on a brick building! Photograph complements of TEES (Tactical Explosive Entry School- www, tees- training.com) The All-In-One Tool for: · Bus Assault · First Level Window Entry · Attic Clears ~Elevated Access ~Rescue and More! · NIJ Level III-A ballistic shield. ~Anodized, lightweight tactical ladder attached to shield back. · lncludes a 4 x 18" ballistic viewport for eye protection during combat. ~Enables direct approach and elevated entry or limited penetration while keeping one hand free for weapon use. · Can also be used in a bunker position for downed individual protection and rescue. http://www.srtsupply.com/pages/ballistic%20vests/ladder-shield'htm 3/15/03 Fe~ 27 03 03:~p Rn~on~ G~org~o 954630~5~ ~'' -- SOUTHERN PRECISION ARMORY ,~,c~°"'*~"~°,~_ QUOTATION 3409 N.W. 9th. Ave., Suite 1104 ~ ~ ~ DATE i SPA QUOTE NO. Ft. Lauderdale, FL. 33309 (954) 568-7690 Ph. 630-4159 Fx. O~TACTICAL i 2/2712003 ' 203169 F.I.N. 65-0483045 ~- --' AGENCY NAME I ADDRESS & CONTAC'I' ~YNToN BEACH 'POLICE DEPT. 100 E. BOYNTON BEACH BLVD BOYNTON BEACH, FL. 33435 ATTN: JOHN BOANFAIR TERMS .... EXPRIATION 1 REP FOB DEPT. QUOTE NO. i Net 30 ,, 3/29!2003 ! ATG , ORIGIN ] Q-2303 -- MFG. MODEL I DESCRIPTION Q'Pi' I RATE TO'rAL "- ~ 1 1,813.50 1,813.50 i PATRIOT-3 LADDER SHIELD ,'--- ' 2 209.00 418.00 IBUSHNELL YARDAGE PRO-500 LASER RANGEFINDER LEUPOLD 45266 3.5x10 VARIX-III TACTICAL SCOPE 2 451.00 902.00 ~ EOTECH 511 HOLOGRAPHIC SIGHT 283.00 283.00 ~ ~ · '.TOTAL $3,416.50 ' By law accepting this quote, this agency agrees to keep information & pricing strictly confidential. Note: Ail [3-rices are subject to chanclewithout notice bv manufacturer and may be gassed aloncl to customer. TACTICAL USA PO Box 290530 Kerrville TX 78029 Office: 888.776.0524 830.669.2736 Fax: 866.776.2534 830.669.2850 emaih sales~tacticalusa.com March 6, 2003 Fax Transmission Officer Bonafair Boynton Beach P D RE: Ladder Shield Below is the price that you have requested. Please note our terms - TERNS: Net 25 Days; FOB: PP&A Ship P~nt; Est. Delivery Date: 30 Days ARO. -' TI'EM QTY PRZCE EACH TOTAL Ladder Shield IIIA 24"x48" I $1910.00 $1910.00 FREZGHT CHARGES I'NCLUDED I'N PRZCZNG. The above prices are valid until April 6, 2003. Authorized by: Clint Hendricks '' SRT SUPPLY INC. QUOTATION .e~ .'~' ~ .4so- ~OT. ^VE. UE.OR~. ST. PETERSBURG, FL 33714 Phone: 727-526-5451 Fax : 727-527-6893 HTTP:I~%'W. SRTSUPPLY.COt4 Quole~: 25071 Issued To: Date: 01/19/03 BOYNTON BEACH, THE CITY OF Temts: NET 30 DAYS Batctnf.: 73729 WAREHOUSE 222 I',I.E 9TH AVE Ship I~hod: GROUND Boyntz3n Beach, FL 33435 PO#: QUOTE Phone~. 561-742-6320 SRT Rep: ALLAN THOMPSON I P3LS SRT LADDER SHIELD PACKAGE -, LEVEL IliA, 24' X 48" WITH $1,991.00 $1,991.00 4"X18' VIEWPORT, CUSTOM SUPPORT SLING 1 GROUND GROUND SHIPPING AND HANDLING FEE $42.00 $42.00 ~b Total:. $2,0~3.00 Tax: ~0.00 Total Quote: $2,033.00 Notes: ATTENTION: LT. BRIGANTE Thank you for giving us the o~13odumty to quole these items for the BoYnlon Beec~ P~ce SWAT Teem Shipping end Hancling fees are based on ~ standard gro~d shil~ping, and will be adlusted for actual items ordered. . If you have any que~ons, please call me at (954) 445-2065. Allan Thompson SRT 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 V.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM B.2. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in tO City Clerk's Office Meetin~ Date~ 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 l, 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 RECOMMENDATION: A motion to award "CO-OP ANIi2~ROUS AMMONIA", Bid#041-2821-03/CJD, Industries, Inc. of Southhampton, Pa. in the amount of: $t-5;900.00 for the City of Boynton Beach Utility Contract Period: APRIL 15~ 2003 TO APRIL 14~ 2004 EXPLANATION: On March 19, 2003, Procurement Services received and opened two (2)sealed proposa~ above mentioned bid. Tanner Industries, Inc., of Southhampton, PA was the lowest, most responsive, bidder who met all specifications and bid on all items. Anhydrous Ammonia is used at both of our Water~.re ~_a~t Plants as part of the disinfection process. Our annual usage is approximately 60,000 lbs. per year. Tanne~':~nd~:[gs has previously supplied Anhydrous Ammonia to the City in a satisfactory manner. Bob Kenyon, Deput~ire~f Utilities concurs with this recommendation (see attached memo #03-044). ~' ~c~ The City of Boynton Beach is the lead agency for this Palm Beach County Cooperative Purchasing bid. The total co- operative bid is for 636,500 Lbs Bulk. There are nine (9) other entities participating in this bid. PROGRAM IMPACT: The purpose of this bid is to secure a source to provide the best quality Anhydrous Ammonia available at the most economical price and deliver to various government entities that have elected to participate in the Cooperative bid. Anhydrous Ammonia is used at both of our Water Treatment Plants as part of the disinfection process. The provisions of this bid award will allow for one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FISCAL IMPACT: BUDGET ACCOUNT: ESTIMATED ANNUAL EXPENDITURE: 401-2811-536-52.35 $15,900.00 Process Chemicals Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLETi2xf~FORMSL~,GENDA ITEM REQUEST FORM.DOC C: Bob Kenyon - Deputy Director of Utilities File TO: Bill Atkins, Procurement Servic. es FROM: Bob Kenyon,t't~O t/": ?F Deputy Utilities Director J THROUGH: Dale S. Sugerman, Assistant City Manager DATE: March 24, 2003 SUBJECT: Co-Op Anhydrous Ammonia Bid Recommendation for Award - Bid #041-2821-03/CJD Anhydrous ammonia is used at both of our Water Treatment Plants as part of the disinfection process. Our annual usage is appr?_ximately 60,000 lbs. _. I have reviewed the bids received by Procurement Services for this process chemica]~ a~ d recommend award to Tanner Industries, Inc. Tanner Industries, Inc., was the only biidd for Boynton Beach and they have a very satisfactory record of safety, quality, and service. Furthermore, the bid price was significantly less than competitive bids for Delray Beach, Belle Glade, and Pompano Beach. At the unit price of $.265 per pound, we anticipate an annual expenditure of approximately $15,900.00. Funds are available for this amount in the Process Chenfic~ tls account g401-2811-536-52.35. Please present this recommendation to the Commission for their approval. Attachment Xc: Dale Sugerman Dave Ailstock Tom Fitzgerald · Barb Conboy -o .< 'o .< z C~ C~ C~ ITl ~> ~> 0 ~ ~o 0 ~ z z z z z ~ z ~ ~-. o 8 z z ~ z ~ z ~ z ~ oO Z o o ~ 8 8 8 o o 8o~ ~ ~ 0 SPECIFICATIONS FOR ANNUAL CO-OP ANHYDROUS AMMONIA The City of Boynton Beach is the lead entity for Palm Beach County's Cooperative Purchasing Council for the purchase of Anhydrous Ammonia. Purchase Orders will be issued individually by each entity on an "AS NEEDED BASIS". SCOPE OF BID: It is the Palm Beach County Cooperative's intention to purchase Anhydrous Ammonia for disinfection of water fi.om a source that conforms with ANSUNSF 60-1998, and provides prompt service and convenient shipment to the participating entities within Palm Beach County and surrounding areas. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off" sheets (Pages 3-7) with the proposal sheet in order for a bid to be considered. INSTRUCTIONS TO BIDDERS: '" ~- ~ ~ .~ Bidder will submit proposal in duplicate. MARKET CONDITIONS: ~ Each participating governmental entity reserves the fight to purchase on the open market ~ should lower market prices prevail, at which time the successful bidder shall have the option of meeting the lower price or relieving each entity of any obligation previously understood. ~' .. Each participating governmental entity also reserves the right to purchase on the open market should the awarded vendor be unable to deliver a quality product within a reasonable period of time after the order placement, due to equipment failure, strikes, product shortages or other causes. ORDERING INSTRUCTIONS:. _~ Items shall be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the term of the contract. ~ Vendor must note name of person placing order on delivery ticket. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 Invoices must be submitted against each individual purchase order or blanket purchase order release. Purchase order numbers must be noted on the invoice. ~l""~'" Certified weight certificates must be furnished with ail invoices indicating gross, tare and net weights, and the appropriate purchase order number. The bidder must submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for the placement of an order and the coordination of service, and an emergency phone number. A contact for both regular work hours and after hours, weekends, and holidays must be identified. DELIVERIES: If delivery requirements cannot be consistently met, the Cooperative reserves the right to cancel any award and to purchase this product on the open market. Deliveries are required within (48) hours of the receiPt of an order from any participating entity. ~ Deliveries to each location must be made during normal working hours unless special arrangements have been made by a particular entity. Any item delivered from a contract resulting from this bid must be accompaniec] b~ Material Safety Data Sheets. The Cooperative will not pay charges for time spent unloading due to inexperienced drivers, mechanical failure (truck or compressor, etc.), broken or plugged air lines, hoses or valves. No additional charges for split loads (if tanker does not empty out and delivers balance of load to another entity's water plant) will be accepted. ~K The successful bidder will be responsible for setting up a routine delivery schedule with each entity's plant supervisory personnel. Any changes in this schedule must be approved by the appropriate authority. ,X' Bidder's unit price per pound is to include all necessary unloading charges. PRODUCT: Bulk Anhydrous Ammonia refrigeration grade of 99.9% purity certified to conform with ANSI/NSF 60. 'X The delivered product will conform with all Florida Administrative Code regulations and certification with applicable standards for water treatment chemicals. ~ Combined annual volume for all entities: 636,$00 4 TEST AND SAFETY: ~' Each entity reserves the fight to conduct independent tests to determine if Anhydrous Ammonia supplied meets the standards, according to the Bureau of Standards Circular No. 142 purity and conformance with ANSI/NSF 60-1998. ~' Bidders must conform to the refrigeration grade requirement (ANSI-K61.1) for storage ~ and handling of Anhydrous Ammonia. ~ Bidders must comply with Compressed Gas Association, Inc. G-2 and G-2.1 standards. r~Cj~r-~ The supplier of the Ammonia shall have manufacturing facilities located within the U.S.A. TANKS AND EQUIPMENT: ~ The bidder who is awarded this contract shall supply one thousand (I000) gallon tanks ~ complete with pressure relief valves and other required valving throughout the length of the contract period at no charge to participating entities. Tanks shall be installed on concrete slabs provided by each entity. All fittings to be deluxe. Quantity of tanks may vary for each entity. ***NOTE: Ci~ of Pompano Beach owns theft own tanks ~and will not need tanks to be supplied by ~e~idor. ~ ~ LOCATION OF DELIVERIES: Purchase Orders issued against this contract will clearly state one of the following delivery locations: GOVERNMENTAL UNIT APPROXIMATE QTY DELIVERY LOCATION City of Belle Glade Water Treatment Plant Belle Glade Municipal Complex 25,000 LBS 1016 West Canal Street South Bell Glade, FL 33430 Belle Glade, FL 33430 City of Boca Raton Water Treatment Plan 201 W. Palmetto Park Road 112,000 LBS 1301 Glades Road Boca Raton, FL 33432 Boca Raton, FL 33432 City of Boca Raton INCLUDED Water Treatment Plant #9 201 W. Palmetto Park Road 22438 SW 7* Street Boca Raton, FL 33432 Boca Raton, FL 33433 City of Boynton Beach East Water Treatment Plant 100 E. Boynton Beach Blvd. 1620 $. Seacrest Boulevard P.O. Box 310 60,000 LBS Boynton Beach, Fl 33435 Boynton Beach, F! 33425-0310 (total for both plants combined) West Water Treatment Plant 5469 W. Boynton Beach Blvd. Boynton Beach, FL 33437 City of Deiray Beach .a, Water Treatment Plant 100 NW 1st Avenue 70,000 LBS 200 SW 6~' Street " Deiray Beach, FL 33444 ' ' Delray Beach, FL 33444 -' City of Lake Worth *** 301 S. College Street 1900 2'~ Avenue North 20,000 LBS Lake Worth, FL 33460 Lake Worth, FL 33461 City of Pompano Beach Water Treatment Plant 1190 NE 3n Avenue, Bldg. C 100,000 LBS 301 NE 12* Street Pompn_n_o Beach, FL 33060 Pompano Beach, FL 33060 City of Riviera Beach 800 W. Blue Heron Boulevard 600 W. Blue Heron Boulevard 12,000 LBS Riviera Beach, FL 33404 Riviera Beach, FL 33404 Village of Tequesta 901 N. Old Dixie Highway 250 Tequesta Drive, Suite 300 7,500 LBS Tequesta, FL 33469 Tequesta, FL 33469 Village of Wellington 1100 Wellington Trace 1100 Wellington Trace 30,000 LBS Wellington, FL 33414 Wellin~ou? FL 33414 Palm Beach County 200,000 LBS Water Treatment Plant #2 50 $. Military Trail, Suite 110 2956 Pinehurst Drive West palm Bea_c~ FL 33414 West Palm Beach, FL 33467 Palm Beach County INCLUDED Water Treatment Plant #3 50 S. Military Trail 13026 Jog Road West palm Beacl~ FL 33414 ' Delray Beach, FL 33484 Palm Beach County INCLUDED Water Treatment Plant #8 50 S. Military Trail 1500 Jog Road West Palm Beach, FL 33414 West Palm Beach, FL 33417 AGGREGATE TOTAL: 636.500 LBS BULK ***NOTE: DELRAY BEACH - SPECIAL REQUIREMENTS: DELiVERIES BETWEEN 7:00 A.M. AND 3:00 P.M. ONLY CITY OF LAKE WORTH - SPECIAL REQUIREMENTS: DELIVERIES BETWEEN 8:00 A.M. AND 5:00 P.M. VILLAGE OF WELLINGTON - SPECIAL I~EQb~LR-EMENTS: DELIVERIES BETWEEN 8:00 A.M. AND 5:00 P.M. THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PR OPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: FEBRUARY 14, 2003 Bid Title: "ANNUAL CO-OP ANItYDROUS AMMONIA" Bid Number: #041-2821-03/CJD Bid Received By: MARCH 19, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for:MARCH 19, 2003, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. ...- ~ ,~ Name of Vendor: i,~e. Federal I.D. Number: ~ 3 ' o~ 0-50 03~ A Corporation of the State of: "~'~,~ tvs ,~ ia Area Code: ~ ~,5 Telephone Number: ,.~ ~ 02 - / o2.3 a0 Area Code: oq ~.5 FAX Number: ,3 2~1 -~ 7 '7 41/ M. ling Address: 7 3 or City/State/Zip: ,.~~,..O'Ft., ~c~,,,. /oo96 ~. , Au~ed Signature Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: 3- i 3 '03 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 product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of: GOV'T ENTITY QUANTITY BASE PRICE GOV'T ENTITY DELIVERY LOCATION: PER POUND EXT. TOTAL City of Belle Glade 25,000LBS . 2/~50 ~r' ~/g~,f. oa City of Boca Raton 112,000 LBS ,3~ ~ 5 6 ~r' o~ ~/ g ~,'4. o o City of Boynton Beach 60,000 LBS City of Delray Beach 70,000 LBS 4r City of Lake Worth 20,000 LBS , City of Pompano Beach 100,000 LBS , ~ .5. / go. °'' City of Riviera Beach 12,000 LBS Village of Tequesta 7,500 LBS , ~ ~, .fro ~ ]t el ~7, 3'0 Village of Wellington 30,000 LBS Palm Beach County 200,000 LBS Total Cooperative Quantity: 636,800 LBS BULK THIS PAGE TO BE SUBMITTED I~ ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 PROPOSAL continued ....... GRAND TOTAL (SUM OF GOVFF ENTITY TOTALS): NOTE: Base price per pound for Anhydrous Ammoma will be firm throughout the contract period and should be quoted F.O.B. Destinations. Number of Bid Proposals submitted Specification "check-ofF' sheets (Pages 3-7) submitted Did Bidder include: M.S.D.S. Sheets? Yes ~ No~ Specification"check-ofF' sheets? Yes ~ No~ Service Representative information? Yes ~ No ~ Proposal submitted in duplicate? Yes ~ No DELIVERY DATE: A. STATE YOUR METHOD OF DELIVERY FROM SOURCE TO EACH ENTITY'S WATER PLANT. VendorName "-'"'~"'"'"- ~-"~';;'~ I'~ (~ HOW Wn.L YOU ~SUR~ S~Pr.¥ ~ DE~.r~R¥ 'to 'nm p~T~Cn'^T~O C, OV~~m~ Em'rrms n,4 ~ ~v~m OF A TRA~SPORT^'nON C~SXS n,4vo~.vn,4a -mucx oR v, nn.c~? THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PROPOSAL continued ....... The undersigned Bidder certifies that this Bid Proposal is submitted in accordance with the Bid Provisions, Specifications and Conditions governing this bid. STREET ADDRESS: r/Jb' "-~Au,~ ~,/J.. CITY, STATE & ZIP CODE: ~)o~,- {~'Fo.~ -'~A tN ~ (~ TELEPHONE NUMBER: o~1.6-~3~q-1~38 DATE: ~3- AUTHORIZED SIGNATURE: FEDE~a~ I.D. #: ~9 3 - ~ 0 ~ o O 3 ~/ All bids shall be in a sealed envelope and marked on the exterior of the envelope "ANHYDROUS AMMONIA". PLEASE SUBMIT IN DUPLICATE. PRINTED NAME TELEPHONE NUMBER TITLE THIS PAGE TO BE SUBMITTED UN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER CounW of ~u' c~I ) j ~o ~s .~ ~E~eo .... being first duly sworn, deposes ~d says that: (Title) ~e of Co~oration or Fi~) the bidder ~at h~ submi~ed ~c a~achcd bid: 2) He is ~lly info~cd respecting thc pr~ation ~d contents of the a~ached bid ~d of all pe~inent circ~st~ces respecting such bid; 3) S~d bid is genu~e md is not a collmive or sh~ bid; 4) F~, thc s~d bidder nor my of its office~, p~, o~e~, agents, r~rcs~mfiv~, employees or p~ics ~ interest, includ~g ~s affi~t, h~ in my way colluded, comved or a~c~, dk~tly or indir~tly wi~ my o~ bidder, ~ or p~on to sub~t collmive or shin bid in co~tion wi~ ~e Con~t for w~ch ~c a~h~ bid h~ submined or to ream from bid~g ~ co~cction with such Con~t, or h~ in my m~er, dir~tly or in~tly, sou~t by a~ment or collusion or co~cafions or conference with ~y other biddy, ~ or pemon to fix ~c price or prices in the a~ached bid or of ~y other bidder, or to fix ~y ovcrhcM, profit or cost element of ~c bid price or the bid price of ~y o~er biddy, or to s~c ~ou~ ~y collmion, conspk~y, comv~ce or ~law~l a~eement my Mv~tage agmst ~c Ci~ of Boston Beach (Loc~ ~blic Agency) or ~y pemon interested in ~c propos~ Con~act; md 5) ~e price or prices quot~ in ~c a~hed bid ~e f~ ~d proper md ~c not tainted by ~y collusion, conspk~y, comv~ce or ~aw~l a~eement on thc p~ of ~e bidder or ~y of its agents, r~rcsentatives, o~cm, ~ployees, or p~ies in interest, including ~s affimt. (Si~ed) / ~ (Title) ~i~ ~f~ ~ Subscribed and sworn to before me Notanal Seal This i )- dayof [Y~t~.cvi , 2002 Eric Tanner. Notary Pum,c Lower Southampton Twp., Buck~ County My commission expires fYI,vt ~, z. co.~6 My Commission Exoire,' Ma, ~ !006 ~--~---~ 7- Meml3er. Pennsylvania As~c,at,o~ ~ ~r.~..~s THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 2 ! ANTI-KICKBACK AFFIDAVIT STATE OF ~A ) (3,,~q 'SS COUNTY OF II,~g,,.M-.~E"A'C~ ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my fn'm or by an officer of the corporation. By: 'N~- SIGNATURE Swom and subscribed before me this [/.. day of Printed Information: NAME TITLE '~--TARY PUBLIC, State of T~nlitll~- at Large COMPANY No~ri~i Eric T~nn~r. Nom'y Public Lower Southampton ~p. My Commi~ion B~pir~ M~y 16. 200~ Mem~, Pelii1W~lla A~aoOation ~ Nc~tanes "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 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 category best describes your company. Remm this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) AStAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? 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 SUBMITTED ALONG WITH PROPOSAL 23 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- ~ree workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-fi'ce workplace program. In order to have a drug-free workplace 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-fi'ce 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 providin~'t-h~e commodities or contractual services tha~ ar~ under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 NAME OF BID: "RE-BID A,~AL CO-OP ANHDYROUS AMMONqA", BID #: 041-2821-03/CJD BROADCAST LIST - 48 VENDORS (PROCUREMENT DATABASE) ALLIED UNIVERSAL CORP, ANtERICAN COMPUTER TECFINOLOGI~S 3901 N,W. 115 AVENUE 2200 LUCIEN WAY, SUITE 195 MIAMI, FL 33178 MAITLAND, FL 32751 AMERICAN WATER CHEMICALS, INC. AMJ EQUIPMENT & CO. 9001 BRITTANY WAY 5101 GREAT OAK DRIVE TAMPA, FL 33619 LAKELAND, FL 33815 BCI ENGINEERS & SCIENTISTS, INC. BOYLE ENGINEERING CORP. 2000 E. EDGEWOOD DRIVE, SUITE 215 1400 CENTREPARK BLVD, SUITE 810 LAKELAND, FL 33803 WEST PALM BEACH, FL 33401 BRENNTAG MID-SOUTH CALCIQUEST, INC. 8700 N.W. 36 AVENUE 181 WOODLAWN AVENUE MIAMI, FL 33147 BELMONT, NC 28012 CARUS CHEMICAL COMPANY CASCADE WATER SERVICES 315 FIFTH STREET 2010 N.W. 29TM STREET PERU, IL 61354 OAKLAND PARK, FL 33311 CHEMICAL LIME COMPANY OF ALABAMA, INC. CHEM - TAINER, INC. P.O. BOX 1137 361 NEFEUNE AVENUE MULBERRY, FL 33860 WE~BABYLONG LI, NY 11704 ~ CYTEC INDUSTRIES, INC. DRAVO LIME, INC. LoNGVIEW OPERATION FIVE GARRET MOUNTAIN PLAZA P.O. BOX 37 WEST PETERSON, NJ 07424 SAGINAW, AL 35137 DRUMMOND AMERICAN CORP. ECOLAB, [NC. 5169 PRAIRIE DUNES VILLAGE CIRCLE 370 WABASHA STREET LAKE WORTH, FL 33463 ST. PAUL, MN 55102 ENVIROSYSTEMS INTERNATIONAL, INC. EQU1TAS SEWER SERVICES, LLC 4709 DISTRIBUTION COURT, SUITE 2 P.O. BOX 618066 ORLANDO, FL 32822 ORLANDO, FL 32861 FLORIDA DESIGN CONTRACTORS, INC. GIANETTI CONTRACTING OF FLORIDA, INC. 1326 SOUTH KILLIAN DRIVE 1132 N.E. 48TM STREET LAKE PARK, FL 33403 POMPANO BEACH, FL 33064 GOLD COAST CHEMICAL PRODUCTS HILL MANUFACTURING COMPANY, INC. 2790 SOUTH PARK ROAD 1520 JONESBORO ROAD, S.E. PEMBROKE PARK, FL 33009 ATLANTA, GA 30315 HITACHI MAXCO, LTD HUDSON PUMP & EQUIPMENT ASSOCIATES, INC. 1630 COBB INTERNATIONAL BLVD. 3524 GRAFrSMAN ROAD KENNESAW, GA 30152 LAI~I~AND, FL 33803 INDUSTRIAL CONTROLS AND DRIVES, INC. INTERSTATE ENGINE~G CORP. 2201 S.W. 180 AVENUE 2200 N. FEDERAL HIGHWAY, SUITE 223 MIRAMAR, FL 33029 BOCA RATON, FL 33,*31 BID NAME: ANNUAL CO-OP ANHYDROUS AMMONIA BID NUMBER: 041-2821-03/CJD COMMISSION AGENDA: APRIL 15, 2003 BROADCAST LIST: 110 VENDORS - DEMANDSTAR 48 VENDORS - PROCUREMENT DATABASE BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR COMPLETING A CITY VENDOR APPLICATION. PLANHOLDERS: 6 VENDORS PLANHOLDERS ARE VENDORS THAT OB'I:ALNED A COPY OF THE BID -- ~ DOCUMENTS EITHER BY DOWNLOADING-FROM DEMANDSTAR, OR ~ ~ RECEIVED FROM PROCUREMENT SERVICES. BIDS: 2 VENDORS BIDS REPRESENT THE NUMBER OF PLANHOLDERS THAT ACTUALLY SUBMITTED BID PROPOSALS. ATTACHMENTS: PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY. BROADCAST LIST FROM PROCUREMENT SERVICES DATABASE. t-'ta_C:oteers g~st - Oemanc~btar oy tonvm Vage ~. o~ ~. user: Atkins, Bill organization: City of Boynton Beach I Logout I Help DemandStar:. by ONY~A My DemandStar Buyers Account :[nfo Log Bid [View Bids] Log Quote View Quotes Supplier Search Reverse Auctions Build Broadcast List Planholders List Member Name City of Boynton Beach Bid Number ITB-04:[-2821-03/C.1D-0-2003/CD Bid Name ANNUAL CO-OP ANHYDROUS AMMONIA Number of Documents for this 1 (Not Including Plans) bid 6 Planholder(s) found. Supplier Name Phone Fax Doc Count ~7 Attributes Actions Harrell's Fertilizer Inc (800) 282-8007 (863) 688°8836 :~ Documents Quad Chemical Corp. (904) 676-0734 (904) 676-0576. _ 1 -~ ~:D°cuments Seco Supplies Inc. (305) 365-6542 (305) 365-767-3 i 1. Woman Owned -' m)°Cuments Cad-Graph Corp. (954) 922-4616 (954) 922-4620 I 1. African2. SmallAmericanBusinessOWned Documents Brenntag (305) 835-7333 (305) 836-1343 1 Docum Tanner Industries (215) 322-1238 (215) 322-7791 1 Documeh~$ Page I of I Format for Printing Search, I <<Return j Onvla.com, Inc. (c) 1997-2003 DemandStar by Onvia, Inc. Ail dghts reserved. Terms of Use Privacy http://www~demandstar~c~rrdbuyer/bids/P~anh~~der-List~asp?-PU=%2Fbuyer%2Fbids%2FDefau~t%2Easp°`... 4/7/2003 NAME OF BID: "RE-BID ANNUAL CO-OP ANHDYROUS AMMONIA", BID #: 041-2821-03/CJD BROADCAST LIST - 48 VENDORS (PROCUREMENT DATABASE) ALLIED UNIVERSAL CORP. AMERICAN COMPUTER TECHNOLOGIES 3901 N.W. 115 AVENUE 2200 LUCIEN WAY, SUITE 195 MIAMI, FL 33178 MAITLAND, FL 32751 AMERICAN WATER CHEMICALS, INC. AMJ EQUIPMENT & CO. 9001 BRITTANY WAY 5101 GREAT OAK DRIVE TAMPA, FL 33619 LAKELAND, FL 33815 BCI ENGINEERS & SCIENTISTS, INC. BOYLE ENGINEERING CORP. 2000 E. EDGEWOOD DRIVE, SUITE 215 1400 CENTREPARK BLVD, SUITE 810 LAKELAND, FL 33803 WEST PALM BEACH, FL 33401 BRENNTAG MID-SOUTH CALCIQUEST, INC. 8700 N.W. 36 AVENUE 181 WOODLAWN AVENIJE MIAMI, FL 33147 BELMONT, NC 28012 CARUS CHEMICAL COMPANY CASCADE WATER SERVICES 315 FIlaTH STREET 2010 N.W. 29TM STREET PERU, IL 61354 OAKLAND PARK, FL 33311 CHEMICAL LIME COMPANY OF ALABAMA, INC. CHEM - TAINER, INC. P.O. BOX 1137 361 NEPTUNE AVENUE MULBERRY, FL 33860 WES'ir BABYLONG LI, NY 11704 CYTEC INDUSTRIES, INC. DRAVO LIME, INC. LONGVIEW OPERATION FIVE GARRET MOUNTAIN PLAZA P.O. BOX 37 WEST PETERSON, NJ 07424 SAGINAW, AL 35137 DRUMMOND AMERICAN CORP. ECOLAB, INC. 5169 PRAIRIE DUNES VILLAGE CIRCLE 370 WABASHA STREET LAKE WORTH, FL 33463 ST. PAUL, MN 55102 ENVIROSYSTEMS INTERNATIONAL, INC. EQU1TAS SEWER SERVICES, LLC 4709 DISTRIBUTION COURT, SUITE 2 P.O. BOX 618066 ORLANDO, FL 32822 ORLANDO, FL 32861 FLORIDA DESIGN CONTRACTORS, INC. GIANETTI CONTRACTING OF FLORIDA, INC. 1326 SOUTH KILLIAN DRIVE 1132 N.E. 48TM STREET LAKE PARK, FL 33403 POMPANO BEACH, FL 33064 GOLD COAST CHEMICAL PRODUCTS HILL MANUFACTURING COMPANY, INC. 2790 SOUTH PARK ROAD 1520 JONESBORO ROAD, S.E. PEMBROKE PARK, FL 33009 ATLANTA, GA 30315 HITACHI MAXCO, LTD HUDSON PUMP & EQUIPMENT ASSOCIATES, INC. 1630 COBB I/qTERNATIONAL BLVD. 3524 GRAFTSMAN ROAD KENNESAW, GA 30152 LAKELAND, FL 33803 INDUSTRIAL CONTROLS AND DRIVES, INC. INTERSTATE ENGINEERING CORP. 2201 S.W. 180 AVENUE 2200 N. FEDERAL HIGHWAY, SUITE 223 MIRAMAR, FL 33029 BOCA RATON, FL 33431 NAME OF BID: "RE-BID ANNUAL CO-OP ANHDYROUS AMMONIA", BID #: 041.2821-03/CJD BROADCAST LIST - 48 VENDORS (PROCUREMENT DATABASE) JOHN J. KIRKLIN, INC.: FL DIVISION KED GROUP, INC. 5430 N.W. 33~ AVENUE, SUITE 106 10042 LONE TREE LANE FT. LAUDERDALE, FL 33309 ORLANDO, FL 32836 LAROCHE INDUSTRIES, INC. LEACHUM INDUSTRIES, INC. ! 100 JOHNSON FERRY ROAD P.O. BOX 5504 ATLANTA, GA 30342 TrrusV~LLE, FL 32783 LESLIE'S POOLMART ODYSSEY MANUFACTURING COMPANY 3925 E. BROADWAY ROAD, SUITE 100 1484 MASSARO BLVD. PHOENIX, AZ 85040 TAMPA, FL 33619 ONDEO NALCO COMPANY RUSTCO ONDEO NALCO CENTER 3103 AORSON WAY NAPERVILLE, IL 60563 DELRAY BEACH, FL 33445 SHANNON CHEMICAL CORPORATION SO--ASTERN SYSTEMS, INC. P.O. BOX 376 P.O. BOX 705 MALVERN, PA 19355 CONYERS, GA 30012 SOUTHERN LIME COMPANY SWE.ET~/._ATER TECHNOLOGIES P.O. BOX 181 - 8039 HIGHWAY 25 W. P.O: Box 602, 507 SHERRY DRIVE C^LERA, AL 35040 COLUMBIA, TN 38402 TANNER INDUSTRIES, INC. TRANSAMMONIA, INC. 735 DAVISVILLE ROAD, 3~ FLOOR 400 N. ASHLEY DRIVE, SUITE 1900 SOUTHAMPTON, PA 18966 TAMPA, FL 33602 UAP TIMBERLAND, LLC UNITED CHEMICAL INTERNATIONAL P.O. BOX 141557 6900 S.W. 21~r COURT, # 3 GAINESVOJLE, FL 32608 DAVIE, FL 33317 UNIVAR, INC. US PEROXIDE, INC. 6049 OLD HIGHWAY, 41-A, N. 23 MORNINGWOOD DRIVE TAMPA, FL 33619 LAGUNA NIQUEL, CA 92677 VULCAN PERFORMANCE CHEMICALS 1200 URBAN CENTER DRIVE BROniNGHAM, AL 35242 V.-CONSENT AGENDA CITY OF BOYNTON BEAC! ITEM B.3. AGENDA ITEM REQUEST FO...,. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] 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 RECOMMENDATION: A motion to award the bid for: "PURCHASE OF TWO (2) NEW AND UNUSED 110 HP SUBMERSIBLE WASTEWATER PUMPS" Bid#027-2822-03/CJD, to Ellis K. Phelps and Company, of Apopka, Florida, in the amount of: $85,504.00. (Each 110 HP Submersible Wastewater pump was quoted at: $42,752.00). EXPLANATION: On February 4, 2003, Procurement Services opened six (6) proposals for the above referenced bid. After review and evaluation, it has been determined to award this bid to Ellis K. Phelps and Company, the highest, yet, the most responsive, responsible bidder who met all specifications. The lowest bid submitted by Power and Pumps, Inc. was not responsive and it was incomplete. The remaining four proposals could not meet specifications in many different categories and failed to meet the required design specification as developed by our design engineers; CH2M Hill. The City has asked CH2M Hill to recommend new pumps and a pumping configuration for Master Lift Station #356. Attached is the letter from CH2M Hill identifying where the various vendors failed to meet the required design specification. Dale Sugerman, Assistant City Manager concurs with this recommendation per attached memo #03-037. ' PROGRAM IMPACT: The purpose of these pumps is to be used for Master Lift Station #356 located at the end of Boynton Beach Blvd. and U.S. #1, adjacent to the downtown storm water pond. Master Lift Station #356 is the City's largest lift station that services the entire downtown area. FISCAL IMPACT: ACCOUNT#: EXI~ENDITURE: 401-5000-590-96.04 SWR091 ~.0~~ _ Deputy Director of Financial Services City Manager's Signahare Procurement Services Department Name City Attorney / Finance / Human Resourc~ S:~BULLET1N~ORMSL~GENDA ITEM REQUEST FORM.DOC C: Dale Sugerman - Assistant City Manager Mark Law - Deputy Director of Utilities File CONTRACTOR AGREEMENT FOR THE PURCHASE OF TWO (2) NEW & UNUSED 110 HP SUBMERSIBLE WASTEWATER PUMPS THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Ellis K. Phelps & Company, hereinafter referred to as "the Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. T he Contractor i s retained b y the City to Provide Two (2) New and Unused 110 HP Submersible Wastewater Pumps in connection with the project designated. 2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Contractor to proceed. Contractor shall perform all services and provide all work product required pursuant to this agreement by 98 days, from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. -.. ~ 4. PAYMENT. The Contractor shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Contractor shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Contractor shall not exceed $85~504.00 without express written modification of the agreement signed by the City. b. The Contractor may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Contractor in the amount approved. c. Final payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Contractor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-1 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Contractor in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Contractor's endeavors. 6. COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDE~ICATION. Contractor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor during the time period this contract is in effect. 8. INSURANCE. The Contractor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between t he parties hereto. N either Contractor n or any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 10. COVENANT AGAINST CONTINGENT FEES. T he Contractor warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its CA-2 discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Contractor. b. In the event of the death of a member, partner or officer of the Contractor, or any of its supervisory personnel assigned to the project, the surviving members of the Contractor hereby agree to complete the work under the terms of this agreement, if requested to-elo so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Contractor and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Mark Law, Deputy Director of Utilities Notices to Contractor shall be sent to the following address: Ellis K. Phelps & Company 2152 Sprint Blvd. Apopka, FL 32703 ATTN: Richard W. Cole CA-3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Contractor. DATED this __ day of ,20 CITY OF BOYNTON BEACH ELLIS K. PHELPS & COMPANY Kurt Bressner, City Manager Contractor Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA-4 -II ~ Z:13 _ ~ o ~z ~z _ z -~ :: ~ m° _ o ~ z aoa C::-r' z ~ ~ ~ - ~ ~ ~ > ~zz ~ ~ > ~ ~ > ~ ~ 0 ~ ~ ~ z ~ m ~ o _ _ ~ ~ ~ Z ~, Z ~ ~ '- .. ~ z ~ - 0 o zz m - ~ o ~ O0~m o z z~ , m ~m m m m m m m ~ m m~8o Z -~o o o o moo m m m ~ m ~ ~ ~~ > ~ .~ _~ -- m~O~ . ~ C- ~m m~ o z ~~ ~m ~ mm >~~ m z z z z z z z z z z oo o ooooo o o~, o~0 ~0' co z m ~E~ C iE ~ ~ ~00 ~rll ~m_ ~ 0 - m m ~ZZ - ~- o > ~ 0 ~l ~~ ~ m m ' ~ C m m ~ ~ - ~ 0 m 00~m o · ' ~ 0 om -- - ' z~ < ~~ 0 <~ ~ E~ 0 ~ · O~m z Oz ; ~ ~ m m o om o ~ cm ~ - m m ~ ~0~ · m m m~~ · ~ ~ > ~ am ~ a ~ ~ ~mm m m~ m ~ mN~mO o°~.~ o ¢::> ,~ ~o°"°" m< 0~uou0 "O-4 ,., ~:~ mz ~.", u ~00 ~ m ~ m -~ ,,~ --i ~ 0 c -n 0 -o "0 _ r- co mm .~ co o_ ,";4 z z ~' - z o 0 r_m m'< m 0 m ::;o -< m z z~ z -< ITl rn =~ :~ -'n Z~ _< O- ~m 0 '-' '-' Z ~o ~ ~ ~ rn~ ~,o~ ~ o~,~-×- - m m-,,n~.~-----'~'~'~c°° '< ~ ~ m~oc> m .~ z 60_~ >- o -u c -. ,,,, u > ~- ''~ m -< m. rn .:> ~ -o RECEIVED MEMORANDUM ~ ~ ? ~.003 Utilities #03-03 7 pROCO~M=.T SERVICES TO: Bill Atkins, Procurement Services FROM: Dale Sugerman, ~ Assistant City Manager`=.- DATE: March 14, 2003 SUBJECT: Bid #027-2822-03/CJD Two (2) - 110 HP Submersible Wastewater Pumps The Utilities Department is requesting the purchase of two (2) 110 hp pumps for Master Lift Station 356. Master Lift Station 356 is located at the end of Boynton Beach Boulevard and U.S. 1, next to the new downtown stormwater pond. Master Lift Station 356 is the City's largest lift station that services the entire downtown area. In June 2001, CH2M Hill prepared a technical-memorandum with the results of a hydraulic study for Master Lift Station 356. The City has asked CH2M Hill to recommend new pumps and a pumping configuration for this station. The memorandum summarized an evaluation of the data collected and includes possible recommended options the City may utilize. The City also approved Task Order #13 to CH2M Hill for Master Lift Station 356 service area conveyance capacity analysis. This project is currently ongoing, and part of this task will be recommendations for improvements, upgrades to existing facilities, as well as new facilities. On February 4, 2003, the Procurement Department received six (6) bids for two (2) new 110 hp pumps. The six (6) companies that submitted these bids were: 1. /kBS Pumps, Inc. of Sanford, FL - ABS Pumps 2. Condo Electric Industrial Supply Inc, - Homa Pumps 3. Custom Pump & Controls, Inc., - KSB Pumps 4. F.J. Nugent & Associates - Ebara Pumps 5. Power & Pump, inc. - Homa Pumps 6. Ellis K. Phelps, Inc. - Flygt Pumps Bill Atkins March 14, 2003 Page 2 After review of the bid specification, the Utilities Department is recommending bid award to Ellis K. Phelps, Inc. from Apopka, FL. The bid submitted by Power & Pumps, Inc. was not responsive and incomplete. The remaining four other vendors could not meet specifications in many different categories. Attached is a chart outlining the areas showing the vendors that did not meet specifications. Also attached is a letter from CH2M Hill indicating their concurrence with our recommendation for Ellis K. Phelps, Inc. In this letter they have identified where the various vendors failed to meet the required design specification as developed by them. Please proceed with the bid award to Ellis K. Phelps of Apopka, FL. as recommended by the Utilities Department and our design engineer. The cost for each pump is $42,752.00 for a total of $85,504.00. Funds are available in account g401-5000-590-96.04, SWR091. If additional information is needed, please contact Mark Law at ext. 64032 or Tony Lombardi at ext.6421. xc: Tony Lombardi Jim Hart Barb Conboy CH2M HILL Hillsboro Executive Center North 800 Fairway Drive Suite 350 Deerfield Beach, FL 33441-1831 CH2MHILL Tel 954.426.4008 ~ Fax 954.698.6010 March 13, 2003 162966.GE.01 Mr. Mark Law City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Subject: Review of Pump Bids for Lift Station 356 Dear Mr. Law: Pursuant to your request, CH2M HILL has reviewed the bids for the replacement pumps at Lift Station 356. We have not performed a complete evaluation of all of the pumps offered, such as reference checks, quality reviews, NPSH requirements, confirmation of similar installations, support configuration, maintenance capabilities, etc. Our task here is to review .~ the bids to determine whether they are in conformance with the bid specifications, and if they are not, are the deviations important enough to disallow the bid. The City has already compiled a list of bid deviations from which we will review. Lift Station 356 is the City's largest and most important lift station. It is expected to bear the brunt of redevelopment in the City's downtown area. It is imperative that the pumps in Lift Station 356 meet the stringent conditions laid out in the Bid Documents. In addition, the City is purchasing the new pumps to pro-actively replace existing pumps that have not per- formed satisfactorily. Therefore, it is particularly important that the City have confidence that the pumps will last a long time. Lift Station 356 is a dry-pit style facility which is a non-typical style of installation. There are not many large dry-pit installations locally. It is important that the City is comfortable that the pump vendor has constructed this type of installation and that they are aware of the potential problems that may arise. The Lift Station also has a very small wet well with poor suction head conditions, so pump starts are important. The pump mechanical room is also very small and heat build-up makes the room difficult to work in and may aggravate pump problems. Some of the service calls for the existing pumps were related to issues with heat. At other City lift stations, existing pumps have been replaced with water-cooled pumps and the City has been satisfied with their performance and heat dissipation characteristics. The paragraphs below review the bid specification deviations and discuss their importance: · The most important pump specification item is the pump curve. The pump curve is specified so that the pump can meet the design flows at both peak and standard conditions. The shutoff point is also specified so that the steepness of the curve is set. This guarantees that the pump will continue to pump (although at a diminished rate) Mr. Mark Law Page 2 March 13, 2003 162966.GE.01 even when high pressures are encountered. Several of the pumps submitted can not meet the duty points or the shutoff head (HOMA, KSB, EBARA). · The new pumps were specified to be 110 HP. Some of the submitted pumps were greater than 110 HP (ABS, HOMA). Higher horsepowers will result in higher power costs over the life of the pump, although the power cost increase may be outweighed by lower initial capital costs. Without a life cycle cost analysis, this item is not justification to eliminate a bid. · The pumps were specified to have a service factor of 1.15. This is an important safety factor that is included to protect the motor. Some of the pumps can not meet this service factor (EBARA). · The method of cooling is very important and the City has already experienced problems with cooling systems. Any cooling system other than a water-cooled jacket is unaccept- able. KSB does not provide a water-cooled jacket system. In addition, the water jacket was specified to be to constructed of cast iron ASTM A-48. Cast iron is a thick material that results in better heat transfer and a more durable pump. ABS can not provide a cast iron water jacket. · The seals are extremely important for protection of the pump from leakage of the pumped fluid. Tungsten-carbide was specified for the seal material. This is the best material for the seals and offers better heat resistance and durability. ABS, HOMA, KSB, and EBARA do not meet this specification. · Class H insulation is specified, which is a higher heat rating than standard. This results in longer winding life. Only Flygt meets this specification. Other than possibly the pump horsepower issue, all of these items are important material deviations from the Bid Specification. The only pump bid that meets the specifications is Flygt. If you have any further questions or comments please contact me at 954-426-4008. Sincerely, CH2M HILL Project Engineer DFB31003696659.doc/030720016 NAME OF BID: "PURCHASE OF TWO NEW AND UNUSED 110 HP SUBMERSIBLE PUMPS" BID DATE: February 4, 2003 BID OPENING TIME: 2:30 P.M. BID #: 027-2822-03/CJD STATEMENT OF "NO BIDS" LISTING HYDRO PUMPS, INC. We do not offer this product or an P.O. BOX 16295 equivalent. 6512 N.W. 13TM COURT PLANTATION, FL 33318 LUCAS TECHNOLOGIES, INC. We do not offer this product or an 229 N. ORCHARD STREET, equivalent. We do not install such products ourselves, we can supply, but ORMAND BEACH, FL 32174 not install. ROWLAND EQUIPMENT, INC. We do not offer this product or an 2900 N.W. 73~c~ STREET equivalent. MIAMI, FL 33147 INSURANCEADVISORYFORM04 Revised 10/2001 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: December 31, 2002 Bid Title: THE PURCHASE OF TWO (2) NEW & UNUSED 110 HP SUBMERSIBLE WASTEWATER PUMPS Bid Number: #027-2822-03/CJD Bid Received By: FEBRUARY 4, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date agd_~ time is scheduled for: FEBRUARY 4, 2003, no later than 2:30 P.M. (local time) and may not' be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Ellis K. Phelps & Company Federal I.D. Number: 5 9 0 8 4 3 4 7 4 A Corporation of the State of: F 1 or i da Area Code: 4 0 7 Telephone Number:. 8 8 0 - 2 9 0 0 Area Code: 4 0 7 FAX Number: 8 8 0 - 2 9 6 2 Mailing Address: 2152 Sprint Blvd, City/State/Zip: Apopka e FL 32703 Vendor Mailing Date: 1-31-03 Authorized Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 29 Richard W. Cole Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 30 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: 1-31-03 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 product/service called for. When subrhifi~g more than one bid~f6p6s~Uppn~6-~produ~t and/or S~r%,ice; indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum off TWO (2) 110 HP SUBMERSIBLE WASTEWATER PUMPS: $42,752.00 X(2)= $ 85,50470(~ EACH EXTENDED TOTAL ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the product/service will be completed/delivered within 9 8 calendar days from the date of the Purchase Order from the City. Number of Bid Proposals submitted 2 copies Specification "check-off' sheets (Pages 3 - 14) submitted y e s Yes/No When Submitting the following please mark as such: Pump Performance Curves X Pump Outline Drawing x Station Drawing for Accessories not requ± red Electrical Motor Data x Control Drawing and Data by others THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 31 Access Frame Drawing BID PROPOSAL CONTINUED .... Typical Installation Guides x Technical Manuals x Parts List X Printed Warranty x Manufacturer's Equipment Storage X Recommendations Manufacturer's Standard Recommended x Start-up Report Form 5% Bid Bond Enclosed? ye s Yes/No E1ygt Corporation 8x12 CT3231/655 impeller MANUFACTURER MODEL Ellis K. Phelps & Company COMPANY NAME SIGNATURE Richard W. Cole PRINTED NAME (407 ) 880-2900 Technical Support Manaqer TELEPHONE NUMBER TITLE Tins PAGE TO BE SUB~D IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 32 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift,_direcfly or indirectlyby me or any member of my f'u'm or by an_officer of the corporation. NAME - SIGNATURE Sworn and subscribed before me this 31st day of Jan ,20 03 Printed Information: Richard W. Cole NAME Technical Support Manager TrYLE -~O_ 3~Y PUBL~, State of Florida at La~ge Ellis K. Phelps & Co COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 33 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a pan of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official pan of your bid response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO x If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification Tins PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 36 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed _j_f none of__the~ed ygndqrs have3 ~g-free workplace .... program. In order to have a drug-free workplace 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 any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 37 MANUFACTURER'S REPRESENTATIVE 0 WATER AND WASTE WATER TREATMENT EQUIPMENT EXCEPTIONS TO BID SPECIFICATIONS 1) No discharge elbows are required. 2) Controls are by others. 3) Access frames are not required. 2152 SPRINT BLVD · APOPKA. FLORIDA 32703 · 407-880-2900 · FAX 407-880-2962 APO P KA O FT. MYERS O WEST PALM BEACH O SAVANNAH Ellis K. Phe'lps ~ Company SPECIFICATIONS FOR TWO (2) NEW AND UNUSED 110 HP SUBMERSIBLE WASTEWATER PUMPS Scope of Work: The City of Boynton Beach is seeking a supplier/contractor to supply and install two (2) dry-pit submersible wastewater pumps to include motor, close coupled volute, cast iron suction elbow, pedestal stand, power cable and accessories ready for operation. If and whenever in the specifications a brand name, make, name of any manufacturer, or trade name is mentioned it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR EQUAL .is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within his bid and to prove to the City that said product is equal to that specified and to submit brochures, samples, and/or specifications in detail on item(s) submitted. The City shall be the sole judge concerning the merits of the bid submitted. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets (Pages 3-15) wi~ the proposal sheet in order for a bid to_be considered. REQUIREMENTS Furnish two (2) new and unused dry-pit submersible non-clog wastewater pump(s). Each pump shall be equipped with a close coupled l l0HP, submersible electric motor connected for operation on 480 volts, 3 phase, 60 hertz, 4 wire service with 80'linear feet of submersible cable (SUBCAB) suitable for submersible pump applications. × The power cable shall be sized according to NEC and ICEA standards. Also, 80' linear feet of multi-conductor submersible cable (SUBCAB) will be used to convey pump monitoring device signals. NA The pump shall be supplied with a mating cast iron 8" inch discharge connection. A curve shall be supplied showing a pump capable of delivering 2,000 GPM at 120 FT. TDH. X An additional point on the same curve shall be 3,600 GPM at 80 FT. TDH. x Pump shut off head shall be no less than 178 feet. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 Bid Specifications continued ..................... PUMP DESIGN × The pump(s) shall be fit with a stand for mounting on two concrete pedestals. A suction elbow (12") with clean-out shall be provided. Pump motor shall be cooled using the pumped fluid. No external water connections shall be necessary. PUMP CONSTRUCTION X Major pump components shall be of gray cast iron, ASTM A-48, Class 35B, with smooth surfaces devoid of blow holes or other casting irregularities. X All exposed nuts or bolts shall be AISI type 304 stainless steel. X All metal surfaces coming into contact with the pumped media, other than stainless steel, shall be protected by a factory applied spray coating of acrylic dispersion zinc phosphate primer with a polyester resin paint finish on the exterior of the pump. x Sealing design shall incorporate metal-to-metal contact between machined surfaces. x Pump/Motor unit mating surfaces where watertight sealing is required shall be machined and fitted with Nitrile or Viton robber O-tings. x Joint sealing will be the result of controlled compression of rubber O-rings in two planes and O-ting contact of four sides without the requirement of a specific bolt torque limit. X Rectangular cross-sectioned rubber, paper or synthetic gaskets that require specific torque limits to achieve compression shall not be considered as adequate or equal. X No secondary sealing compounds, elliptical O-tings, grease or other devices shall be used. THIS PAGE TO BE SUBMITFED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5 Bid Specifications continued ........... COOLING SYSTEM x Each pump/motor unit shall be provided with an integral, self-supplying cooling system. X The motor water jacket shall encircle the stator housing and shall be of cast iron, ASTM A-48, Class 35B. x The water jacket shall thus provide heat dissipation for the motor regardless of whether the motor unit is submerged in the pumped media or surrounded by air. X After passing through a classifying labyrinth, the impeller back vanes shall provide the necessary circulation of the cooling liquid, a portion of the pumpage, through the cooling system. x Two cooling liquid supply pipes, one discharging low and one discharging high within the jacket, shall supply the cooling liquid to the jacket. X An air evacuation tube shall be pro¥ided to facilitate air removal from within ~e jacket. x Any piping internal to the cooling system shall be shielded from the cooling media flow allowing for unobstructed circular flow within the jacket about the stator housing. x Two cooling liquid remm ports shall be provided. x The internals to the cooling system shall be non-clogging by virtue of their dimensions. x Drilled and threaded provisions for external cooling and, seal flushing or air relief are to be provided. x The cooling jacket shall be equipped with two flanged, gasketed and bolted inspection ports of not less than 4"0 located 180° apart. x The cooling system shall provide for continuous submerged or completely non- submerged pump operation in liquid or in air having a temperature of up to 40°C (104°F), in accordance with NEMA standards. x Restrictions limiting the ambient or liquid temperatures at levels less than 40°C are not acceptable. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 6 Bid Specifications continued .......... CABLE ENTRY SEAL The cable entry seal design shall preclude specific torque requirements to insure a watertight and submersible seal. x The cable entry shall consist of dual cylindrical elastomer grommets, flanked by washers, all having a close tolerance fit against the cable outside diameter and the cable entry inside diameter. X The grommets shall be compressed by the cable entry unit, thus providing a strain relief function. The assembly shall provide ease of changing the cable when necessary using the same entry seal. X The cable entry junction chamber and motor shall be sealed from each other, which shall isolate the stator housing from foreign material gaining access through the pump top. × Epoxies, silicones, or other secondary sealing systems shall not be considered acceptable. MOTOR X The pump motor shall be a NEMA B design, induction type with a squirrel cage rotor, shell type design, housed in an air filled, watertight chamber. The stator windings shall be insulated with moisture resistant Class H insulation rated for 180°C (356°F). The stator shall be insulated by the trickle impregnation method using Class H monomer-free polyester resin resulting in a winding fill factor of at least 95%. x The stator shall be heat-shrink fitted into the cast iron stator housing. The use of multiple step dip and bake-type stator insulation process is not acceptable. x The use of bolts, pins or other fastening devices requiting penetration of the stator housing is not acceptable. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 7 Bid Specifications continued .......... The motor shall be specifically designed for submersible pump usage and designed for continuous duty pumping media of up to 40°C (104°F) with an 80°C temperature rise and capable of at least 15 evenly spaced starts per hour. X The rotor bars and short circuit rings shall be made of cast aluminum. x Thermal switches shall be embedded in the stator end coils to monitor the temperature of each phase winding. x These thermal switches shall be used in conjunction with and supplemental to external motor overload protection and shall be connected to the control panel. X The junction chamber shall be sealed off from the stator housing and shall contain a terminal board for connection of power and pilot sensor cables using threaded compression type terminals. The use of wire nuts or crimp-type connectors is not acceptable. x The motor and the pump shall be produced by the same manufacturer. x The combined service factor (combined effect of voltage, frequency and specific gravity) shall be a minimum of 1.15. x The motor shall have a voltage tolerance of plus or minus 10%. x The motor shall be designed for operation up to 40°C (104°F) ambient and with a temperature rise not to exceed 80°C. x A performance chart shall be provided upon request showing curves for torque, current, power factor, input/output kW and efficiency. x This chart shall also include data on starting and no-load characteristics. The power cable shall be sized according to the NEC and ICEA standards and shall be of sufficient length to reach the junction box without the need of any splices. X The outer jacket of the cable shall be oil resistant chloroprene robber. x The motor and cable shall be capable of continuous submergence underwater without loss of watertight integrity to a depth of at least 65 feet. x The motor horsepower shall be adequate so that the pump is non-overloading throughout the entire pump performance curve from shut-off through mn-out. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERI~T~ COMPLETE AND ACCEPTABLE 8 Bid Specifications continued .......... PILOT CABLE × The pilot cable shall be designed specifically for use with submersible pumps and shall be type SUBCAB (Submersible Cable). × The cable shall be shielded, multi-conductor type with a chloroprene outer jacket and the tinned copper conductors insulated with ethylene-propylene rubber. × The conductors shall be arranged in twisted pairs. The cable shall be rated for 600 Volts and 90°C (194°F) with a 40°C (104°F) ambient temperature and shall be approved by Factory Mutual (FM). The cable length shall be adequate to reach the junction box without the need for splices. BEARINGS x The pump shaft shall rotate on at least three grease-lubricated bearings. -' × The upper bearing, provided for radial forces, shall be a single roller bearing. × The lower bearings shall consist of at least one roller bearing for radial forces and one or two angular contact ball bearings for axial thrust. × The minimum L10 bearing life shall be 100,000 hours at any point along the usable portion of the pump curve at maximum product speed. x The lower bearing housing shall include an independent thermal sensor to monitor the bearing temperature. x If a high temperature occurs, the sensor shall activate an alarm and shut the pump down. MECHANICAL SEAL X Each pump shall be provided with a tandem mechanical shaft seal system consisting of two totally independent seal assemblies. X The lower seal shall be independent of the impeller hub. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 9 Bid specifications Continued ............ X The seals shall operate in a lubricant reservoir that hydrodynamically lubricates the lapped seal faces at a constant rate. x The lower, primary seal unit, located between the pump and the lubricant chamber, shall contain one stationary and one positively driven rotating corrosion resistant tungsten-carbide seal ring. The upper, secondary seal unit, located between the lubricant chamber and the motor housing, shall contain one stationary and one positively driven rotating corrosion resistant tungsten-carbide seal ring. X Each seal interface shall be held in contact by its own spring system. x The seals shall require neither maintenance or adjustment and shall be capable of operating in either clockwise or counter clockwise direction of rotation without damage or loss of seal. x For special applications, other seal face materials shall be available. X Should both seals fail and allow fluid to enter the stator housing, a port shall be provided to direct that fluid immediately to the stator float switch to shut down the pump and activate an alarm. X Any intrusion of fluid shall not come into contact with the lower bearings. x The following seal types shall not be considered acceptable nor equal to the dual independent seal specified: shaft seals without positively driven rotating members, or conventional double mechanical seals containing either a common single or double spring acting between the upper and lower seal faces. x No system requiring a pressure differential to offset pressure and to effect sealing shall be used. X Each pump shall be provided with a lubricant chamber for the shaft sealing system. x The lubricant chamber shall be designed to prevent overfilling and to provide lubricant expansion capacity. The drain and inspection plug, with positive anti-leak seal shall be easily accessible from the outside. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE I0 Bid Specifications continued .......... The seal system shall not rely upon the pumped media for lubrication. X The motor shall be able to operate continuously while non-submerged without damage while pumping under load. Seal lubricant shall be FDA Approved, nontoxic. PUMP SHAI~F x Pump and motor shaft shall be a solid continuous shaft. × The pump shaft is an extension of the motor shaft. Couplings shall not be acceptable. x The pump shaft shall be of carbon steel ASTM A 572 Grade 50 and shall be completely isolated from the pumped liquid. IMPELLER The impellers) shall be of gray cast iron, Class 35B, dynamically balanc~l, multiple vaned, double shrouded non-clogging design having long throughlets without acute tums. The impeller(s) shall be capable of handling solids, fibrous materials, heavy sludge and other matter found in wastewater. Mass moment of inertia calculations shall be provided by the pump manufacturer upon request. Impeller(s) shall be keyed to the shaft, retained with an expansion ting and shall be capable of passing a minimum 3 inch diameter solid. X All impellers shall be coated with an acrylic dispersion zinc phosphate primer. WEAR RINGS X A wear ting system shall be used to provide efficient sealing between the volute and suction inlet of the impeller. Each pump shall be equipped with a Nitrile rubber coated steel or brass ring insert that is drive fitted to the volute inlet. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specificutions Continued ............ This pump shall also have a stainless steel impeller wear ring heat-shrink fitted onto the suction inlet of the impeller. VOLUTE X Pump volute(s) shall be single-piece gray cast iron, Class 35B, non-concentric design with smooth passages large enough to pass any solids that may enter the impeller. X Minimum inlet and discharge size shall be as specified. PROTECTION x All stators shall incorporate thermal switcbes in series to monitor thc temperature of each phase winding. Should high temperature occur, the-thermal switches shall open, stop the motor~ and activate an alarm. A lower bearing temperature sensor shall be provided. x The sensor shall directly contact the outer race of the thrust bearing providing for accurate temperature monitoring. X A leakage sensor shall be provided to detect water in the stator chamber. x The Float Leakage Sensor (FLS), a small float switch, shall be used to detect the presence of water in the stator chamber. x When the sensor is activated, the FLS will stop the motor and activate an alarm. X Use of voltage sensitive solid state sensors shall not be allowed. The thermal' switches, FLS and the lower bearing temperature monitor shall be connected to a CAS (Control and Status) monitoring unit. x The CAS shall be designed to be mounted in the control panel. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 12 Bid Specifcations Continued ....... x MODIFICATIONS 1. Explosion-proof Pumps (X). 2. Dry Pit Installations (CT). DRY PIT INSTALLATION (CT): X Motor cooling shall be sufficient for continuous operation under full nameplate load in a dry environment. The pump(s) shall be capable of handling pumped media up to 104 DEGREES OIL FILLED MOTORS The complete motor requires total oil immersion for adequate heat dissipation, oil filled motors shall not be considered for dry pit installations. QUALITY ASSURANCE × The pump(s) shall be heavy duty, eleCtric submersible, centrifugal non-clog un~ts designed for handling raw, unscreened sewage and wastewater and shall be fully guaranteed for this use. × The pumps provided shall be capable of operating in an ambient liquid temperature of 104 DEGREES F. x The high temperature of 104 DEGREES F is specified by the National Electrical Manufacturers Association (NEMA) and Factory Mutual (FM), motors with a maximum ambient temperature rating below 104 DEGREES F shall not be acceptable. x The pump and motor unit shall be suitable for continuous operation at full nameplate load while the motor is completely submerged, partially submerged or totally non-submerged. x The use of shower systems, secondary pumps or cooling fans to cool the motor shall not be acceptable. × The pump, mechanical seals and motor units provided under this specification shall be from the saL,e manufacturer in order to achieve standardization of operation, maintenance, spare parts, manufacturer's service and warranty. THIS PAGE TO BE SUBMITTED ALONG Wl'I'H PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 13 Bid Specifications continued ..... SUBMITTALS X Submittal data shall be provided to show compliance with these specifications, plans or other specifications that will influence the proper operation of the pump(s). X Standard submittal data for approval must consist of: a. Pump Performance Curves. b. Pump Outline Drawing. c. Station Drawing for Accessories. d. Electrical Motor Data. e. Control Drawing and Data. f. Access Frame Drawing. g. Typical Installation Guides. h. Technical Manuals. i. Parts List. j. Printed Warranty. k. Manufacturer's Equipment Storage Recommendations. 1. Manufacturer's Standard Recommended Start-Up Report Form. ~ x Lack of the above requested submittal data is cause for rejection. TESTING X Testing performed upon each pump shall include the following inspections: a. Impeller, motor rating and electrical connections shall be checked for compliance with this specification. b. Prior to submergence, each pump shall be run dry to establish correct rotation. c. Each pump shall be run submerged in water. d. Motor and cable insulation shall be tested for moisture content or insulation defects. x Upon request, a written quality assurance record confu'ming the above testing/inspections shall be supplied with each pump at the time of shipment. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 14 Bid Specifcations Continued ..... × Each pump (when specified) shall be tested in accordance with the latest test code of the Hydraulic Institute (H.I.) at the manufacturer to determine head vs. capacity and kilowatt draw required. Witness tests shall be available at the factory upon request. X The pump(s) shall be rejected if the above requirements are not satisfied. START-UP SERVICE X The equipment manufacturer shall furnish the services of a qualified factory trained field service engineer for 1 - 8-hour working day at the site to inspect the installation and instruct the owner's personnel on the operation and maintenance of the pumping units. X After the pumps have been completely installed and wired, the manufacturer's representative shall have the manufacturer do the following: A. Megger stator and Power cables. B. Check seal lubrication. C. Check for proper rotation. D. Check power supply voltage. E. Measure motor operating load and no load current. F. Check level control operation and sequence. x During this initial inspection, the manufacturer's service representative shall review recommended operation and maintenance procedures with the owner's personnel. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid specifications Continued ...... FACTORY SERVICE Factory-Approved service facilities with qualified factory-trained mechanics shall be available for prompt emergency and routine service 24 hour per day, 7 days per week. X Factory-Approved service staff shall be available for field service calls on-site where manufacturer's equipment is installed. GUARANTEE/WARRANTY x Pump manufacturer shall offer a Commercial Warranty of 5 years after installation start up to the original End Purchaser. x Warranty will be against defects in workmanship and material covering Parts and Labor on its pumps when used in permanent installations, in compliance with the requirements or the pump manufacturer' s technical specifications, for use in Sewage Collection Systems. - --. ~ x The warranty shall be in printed form and previously published as the manufacturer's standard warranty for all similar units manufactured. EXPERIENCE x The pump manufacturer shall have a minimum of 10,000 heavy-duty submersible wastewater pumps installed and operating for no less than 5 years in the United States. MANUFACTURERS x Pump(s) shall be rrI' Flygt or equal. X The pump, mechanical seals and motor shall be from the same manufacturer. x The pump, mechanical seals and motor manufacturer shall be from same manufacturer. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BH) PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 The City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6320 FAX: (561) 742-6306 ADDENDUM #1 DATE: January 16, 2003 BID TITLE: PURCHASE OF TWO (2) NEW AND UNUSED 110 HP SUBMERSIBLE WASTEWATER PUMPS BID NUMBER: #027-2822-03/CJD Proposers are hereby notified that this Addendum shall be attached to and made a part of the above named Bid. The following items are issued to add to, delete, modify and clarify the Bid. These items shall have full force and effect as the Bid, and cost involved shall be included in the proposal pricing. Proposals to be submitted on the specified date shall conform with the additions and revisions listed herein. DESCRIPTION: CHANGE IN SCOPE OF WORK: Scope of Work: The City of Boynton Beach is seeking a supplier (SUPPLY ONLY) to provide two (2) dry-pit submersible wastewater pumps to include motor, close coupled volute, cast iron suction elbow, pedestal stand, power cable and accessories ready for operation. The manufacturer's representative will start up. Please sign below to acknowledge receipt of the addendum. This page must be returned with your proposal. Ellis K. Phelps & Co Company Name Signature Bill Atkins Deputy Director of Financial Services /cjd C: Mark Law - Deputy Director of Utilities Tony Lombardi - Utilities James Hart - Utilities Shelf Copies Demandstar.com File BID NAME: PURCHASE OF TWO (2) NEW AND UNUSED 110 HP SUBMERSIBLE WASTEWATER PUMPS BID NUMBER: 027-2822-03/CJD COMMISSION AGENDA: APRIL 15, 2003 BROADCAST LIST: 273 VENDORS - DEMANDSTAR 10 VENDORS - PROCUREMENT DATABASE BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR COMPI~ETING A CITY VENDOR APPLICATION. PLANHOLDERS: 54 VENDORS PLANHOLDERS ARE VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR RECEIVED FROM PROCUREMENT SERVICES. BIDS: 6 VENDORS BIDS REPRESENT THE NUMBER OF PLANHOLDERS THAT ACTUALLY SUBMITTED BID PROPOSALS. ATTACHMENTS: PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY. BROADCAST LIST FROM PROCUREMENT SERVICES DATABASE. Planholders List - DemandStar by Onvia Page 1 of 3 user: Atkins, Bill organization: City of Boynton Beach I Logout I Help ~ ON%/~A My DemandStar Buyers Account Info Log Bid [View Bids] Log Quote View Quotes Supplier Search Reverse Auctions Build Broadcast List Planholders List Member Name City of Boynton Beach Bid Number ITB-027-2822-03/CJD0-0-2003/CD PURCHASE OF TWO (2) NEW & UNUSED 110 HP SUBMERSIBLE Bid Name WASTE WATER PU M PS Number of Documents for this 2 (Not Including Plans) bid 54 Planholder(s) found. I Supplier Name Phone Fax Doc Attributes Actions Count IHudson Pump b Equipment Associates (863) 665-' (863) 666- " %ocuments 7867 5649 2 ~R C Beach & Associates Inc (727) 736- (727) 733- 3696 2647 2 Documents Florida Bearings Inc (305) 573- (305) 573- 8424 7366 2 Documents POWER & PUMPS INC (407) 843- (407) 423- 2 Documents 7400 9786 North South Supply (772) 569- (772) 778- 3810 5919 2 Documents Corcel Corp (305) 636- (305) 441- 1880 1823 2 1. Woman Owned Documents Fj Nugent & Associates (407) 831- (407) 831- 1199 1195 2 Documents CUSTOM PUMP & CONTROLS INC (904) 858- (904) 858- 9605 9607 2 Documents USA Blue Book (800) 548- (847) 689- 2 1. Small Business Documents 1234 3030 LUCAS TECHNOLOGIES INC (904) 677- (904) 673- 7618 2293 2 Documents Fleetwash Inc. (800) 847- (973) 882- 2 Documents 3735 6114 ELLIS K PHELPS & COMPANY SAS/QUALTITY (407) 880- (407) 880- 2 Documents CONTROLS DIVISION 2900 2962 Complete Dewatering Pumps & Wellpoints (386) 767- (386) 767- 2 Documents Inc 3400 3440 Abs Pumps Inc. (407) 330- (407) 330- 2 Documents 3456 3404 STEWART'S ELECTRIC MOTOR WORKS INC (407) 859- (407) 859- 1837 2584 2 Documents_ http ://www.demandstar.com/buyer/bids/Planholder_List asp?F=search&_PU=%2Fbuyer%2Fbids%2FDefa~... 4/7/2003 Planholders List - DemandStar by Onvia Page 2 of 3 (407) 330- (407) 330- 2 Documents Seal Distributors Inc 0301 3311 (863) 665- (863) 666- 2 Documents BARNEY'S PUMPS INC 8500 3858 .... (954) 946- (954) 946- 2 1. Small Business Docum Farmers Manufacturing Acquisition Company 3066 3111 (954) 781- (954) 781- 2 Documents Southeastern Pump 8400 8434 (770) 255- (770) 442- 2 Documents .lohn Deere Landscapes 2151 3411 (561) 547- (561) 547- 2 Documents Atlantic Environmental Systems, Inc. 8080 3999 (407) 788- (407) 862- 2 1. Small Business Documents ~,llied Controls, Incorporated 0050 0448 2. Woman Owned (727) 848- (727) 849- 2 Do. cu~men_ts Enviromental Solutions International Inc 6215 3946 (305) 691- (305) 691- 2 Documents Condo Electric 5400 6564 (954) 971- (954) 971- 2 Documents Trio Development Corporation 2288 0030 (954) 441- (954) 441- 2 1. Small Business Documents Cooper Industries, Inc. 5974 9743 2. Veteran Owned (607) 648- (607) 648- 2 1. Small Business Documents Apex Pinnacle 5889 5172 2. Woman Owned (954) 484-- (954) 484- 2 -' ~ocuments TECHNICO 2929 5155 - ' (850) 567- (850) 555- 2 1. African _Documents Industrial & Municipal Supply 6391 5555 ~.merican Owned Cloud 9 Construction Services 407-481-2750 407-841-7442 2 1. Small Business Docum~. 1. Small Business Document~ ~,bcor Inc 954-979-1888 954-979-1911 2 2. Woman Owned (806)358- (806)358- 2 )oc~u_ments_ ACS 9211 8808 GRAINGER INDUSTRIAL SUPPLY 8476474154 8779941969 2 Do~cu~me_nt~s Lucas Technologies Inc 305 609 5632 305 412 0890 2 1. Small Business Documents TWC Distributors, Inc. 941-371-4221 941-377-8471 2 .D~ocuments- LUCAS TECHNOLOGIES, INC. 386-677-7618 386-673-2293 2 D°cument'~ Hoover Pumping Systems 954-971-7350 954-975-0791 2 Docu~ments_ Construction Bulletin / www.cbids.com 904-388-0336 904-388-0109 2 Documents GE Supply 9413401232 9419390650 2 Documents (561) 588- (561) 582- 2 1. Small Business _Document__s Sullivan Electric and Pump, Inc. 5886 9344 1. Small Business Docum_ en~ts Palm Coast Water Conditioning, Inc. 561-278-5134 561-369-7948 2 2. Woman Owned (352) 394- (352) 243- 2 Doc~um~en~ts Crews Construction 0867 2735 (954) 922- (954) 922- 2 Doc~ume~nt~s Morrison Pumps 5880 7729 Wright Pumps 281.487.0665 281.998.9700 2 Documents (305) 691- (305) 693- 2 Docun. Rowland Equipment, Inc. 9260 8267 2 Do~cu me_nt_s Walker Miller Equip Co., Inc. (407) 299- (407) 293- 1. Small Business http://www.demandstar.c~m/buyer/bids/P~anh~der-List.asp?F=search&-PU=%2Fbuyer%2Fbids%2FDefa~... 4/7/2003 Planholders List - DemandStar by Onvia Page 3 of 3 2620 1726 2. Woman Owned Sta-con, Inc. (407) 298- (407) 298- 5940 2227 2 1. Small Business Documents Globe Electric Supply Co. Inc. (281) 933- (281) 933- 0909 1001 2 1. Woman Owned Documents Constructionjournal.com (800) 785- (800) 581- 5165 7204 2 Documents Locke Well & Pump Co. (407) 299- (407) 578- 8888 1840 2 1. Small Business Documents ACE PUMP & SUPPLY (954) 981- (954) 963- 2 Documents 7424 2289 Hydro Pumps (954)583- (954) 583- 3303 3305 2 Documents THORNTON & COMPANY (9 41) 534- (941) 534- 1541 1544 i Documents Vomar 678-377-1080 678-377-1090 1 Documents Format for Printing Onvla.com, Inc. (c) 1997-2003 DemandStar by Onvia, Inc. All dghts reserved. Terms of Use Pdvacy http ://www~demandstar~c~m/buyer/bids/P~anh~der-List.asp?F=search&-PU=%2Fbuyer%2Fbids%2FDefaL. 4/7/2003 NAME OF BID: "PURCHASE OF TWO (2) NEW AND UNUSED 110 HP SUBMERSIBLE WASTEWATER PUMPS", BID #: 027-2282-03/CJD BROADCAST LIST - 10 VENDORS (PROCUREMENT DATABASE) ABCOR, INC. BOYNTON PUMP & IRRIGATION SUPPLY, INC. 9715 W. BROWARD BLVD., # 311 7700 HIGH RIDGE ROAD PLANTATION, FL 33324 BOYNTON BEACH, FL 33462 CALCIQUEST, INC. COAST PUMP WATER TECHNOLOGIES 181 WOODLAWN AVENUE 610 GROVELAND AVENUE BELMONT, NC 28012 VENICE, FL 34292 HOOVER PUMPING SYSTEMS HUDSON PUMP & EQUIPMENT ASSOCIATES, INC. 2620 N.W. 15 COURT 3524 GRAFTSMAN ROAD POMPANO BEACH, FL 33069 LAKELAND, FL 33803 INDUSTRIAL HOSE & HYDRAULICS, INC. NOLAND COMPANY 321 N. CONGRESS AVENUE 251 N. CONGRESS AVENUE DELRAY BEACH, FL 33445 DElJRAY BEACH, FL 33445 TRIO DEVELOPMENT CORPORATION UNITED RENTALS 1701 NORTHWEST 21zr STREET 1803 S. POWERLINE ROAD POMPANO BEACH, FL 33069 DEERFIELD BEACH, FL 33442 RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF BID FOR THE PURCHASE OF TWO NEW AND UNUSED 110 HP SUBMERSIBLE WASTEWATER PUMPS (BID NO. 0272822-03/CJD) TO ELLIS K. PHELPS AND COMPANY, IN THE AMOUNT OF $85,504.00.00; AUTHORIZING EXECUTION OF THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE. WI-IEREAS, on February 4, 2003, Procurement Services received and tabulated six proposals for the above referenced bid, and, after review and evaluation, it was determined by staff that Ellis K. Phelps and Company, was the most responsive, responsible bidder who met all specifications; NOW, TI-IEREFORE, BE IT RF..,SOLVEI) BY TI-IE CITY COMMISSK)~. OF TI-IE CITY OF BOYNTON BEACI-I, FLORII)A, 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 purchase of two new md unused 110 I-IP Submersible Wastewater Pumps, Bid No. 027-2822-03/CJD to Ellis K. Phelps and Company, in the amount of $85,504.00, and authorizes the City Manager :o execute a contract, a copy of which is attached hereto. Section 2. That this Resolution shall become effective immediately. ~:\CA\RESO~Agreements\Bid Awards\Bid Award - Ellis K. Phelps 041003.doc PASSED AND ADOPTED THIS ~ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk k\CA\RESO~,greements\Bid Awards\Bid Award - Ellis K. Phelps 041003.doc V.-CONSENT AGENDA ITEt,4 B.5 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City comrmssion Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] 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 RECOMMENDATION: A motion to award the Consultani Agreement for "ARCHITECTURAL/ENGINE~ERI~G SERVICES FOR THE EXPANSION/REMODEL OF THE LIBRARY", RFQg024-2413-03/CJD to SCHENKEL & SCHULTZ, INC. of West Palm Beach, Florida in the amount of $492,895.00. EXPLANATION: At the Commission meeting of April 1, 2003, Commission authorized staff to negotiate a contract with Schenkel & Schultz, Inc. This agreement and referenced attachments (Exhibit "A" and Exhibit "B") encompass ali anticipated consultant services to complete the proposed Library Expansion. The contract (Exhibit B) has a provisional breakdown of costs for various phases of work to be completed (i.e., Pre-Design, Construction Documents, Construction Administration, etc.) and the City will only be liable for associated work completed. PROGRAM IMPACT: The Consultant services to the Library staff will provide design services, permitting, bidding services, along with construction admini.~tration. This expansion will allow the facility to meet basic standards for library service. See Exhibit "C" for an overview of the project as well as a comparison of the proposed project to national and state library standards. FISCAL IMPACT: Funding for the Library Expansion has been allocated in the CIP budget as follows: Description Account Number Bud~,et Building Improvements 302-4104-580-62-01 $300,000 (FY2002/2003 budget) Building Improvements 302-4104-580-62-01 300~000 (FY2003/2004 budget) Total , [/600,000 Deputy Director of Financial~ervice. s. ~ "- ' "L~y"Manager's Signature / , Procurement Services ~ Department Name City Attorney / Finance / Human Resources S:kBULLETINXFORMSkAGENDA 1TEM REQUEST FORM.DOC C: Virginia Farace - Library Director Dave Kelly - City Engineer File CONSULTANT AGREEMENT FORM RFQ FOR "ARCHITECTURAL/ENGINEERING SERVICES FOR THE EXPANSION/REMODEL OF THE LIBRARY" RFQ#024-2413-03/CJD TI-I~S AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and SCHENKEL & SCHULTZ~ INC, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform Consultant services in connection with the project designated. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement within an estimated 675 days, from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. _. -' ~ 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $492,895.00 without express written modification of the agreement signed by the City. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-I 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant during the time period this contract is in effect. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000.,per~ occurrence/aggregate for property damage, and professional liability insurance in the amounlr of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA-2 11. DISCRIMI1NATION PROI-ffBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMI]qATION. a. The City reserves the fight to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and ~the City, if the City so chooses. ~ ,:~ 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Kurt Bressner, City Manager Notices to Consultant shall be sent to the following address: Schenkel & Schultz, Inc. 2381 Palm Beach Lakes Blvd. West Palm Beach, FL 33409-3301 ATTN: Samuel J. Ferrefi, AIA CA-3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this __ day of ,20__ CITY OF BOYNTON BEACH SCHENKEL & SCHULTZ, INC. City Manager Consultant Attest/Authenticated: Title (Corporate Seal) City Clerk - '" e Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA-4 MEMORANDUM TO: Bill Atkins DATE: April 4, 2003 Deputy Director of Financial Services FROM: Virginia K. Farace ~./ SUBJECT: AGENDA ITEM FOR: Library Director,(¥ ~ 0.~ EXPANSION/REMODEL OF THE LIBRARY RFQg024-2413-03/CJD At the City Commission meeting of April l, 2003, Commissioners approved negotiations to proceed with a Consultant's agreement with the #1 ranked Architectural/Engineering consultant, Schenkel & Schultz, Inc. of West Palm Beach, FL. The #2 through #4 firms were: MPA Architect, Inc. Fanning/Howey Associates, Inc. - Harvard Jolly and Slattery. Architect Samuel Ferreri of Schenkel & Shultz met on Friday, April 4, with David Kelly, City Engineer, Carol Doppler, City Procurement Dept, and me as Library Director to discuss and review the terms of the agreement. Attached is the recommended agreement outlining Schenkel & Shultz' scope of services as well as their fee schedule for the "Expansion of the Library", RFQ~)24-2413-03/CJD. These contract services are necessary for providing General Consulting Services to the Library for design services, permitting, bidding services, and construction administration. This agreement and referenced attachments encompasses all anticipated Architecture/Engineering Services to complete the proposed expansion and renovation. The city will only pay for services when and if provided. Funds to cover these Architect/Engineering costs are included in the Capital Improvement Account: #302-4104-580-62-01. Please prepare an Agenda Item for this RFQ for the April 15, 2003 Agenda. Thank you. C: File CITY OF BOYNTON BEACH LIBRARY EXPANSION April 4 2003 SCOPE OF WORK EXHIBIT 'A' PROJECT DESCRIPTION: Provide all architectural/engineering services for a 30,000 square foot addition and renovation of the existing 28,000 square foot library. The total project budget is $6,500,000.00 to include design and construction. The project site shall include the existing library and the site to the north bound by Seacrest Boulevard, SE 1st Avenue to the north, the Civic Center to the east, and SE 2nd avenue to the south. The scope will not include any new parking which is being master planned by the city under a separate contract. The scope will include modification of existing parking and drives to facilitate the additions and renovations and maintain a working city campus. The contract includes all consulting services included in the Request for Qualifications (RFQ#024-2413-03/CJD) and addendum # I dated December 30, 2002 with the exception of a topographic survey and any additional geotechnical testing which will be provided by the owner. Detailed task are outlined below. The City of Boynton Beach has the right to stop work during any phase of the work without penalty for the work not accomplished with payment based on the work completed as outlined by phase in Exhibit "B". City of Boynton Beach Library Expansion Exhibit 'A' April 4, 2003 Page Two CITY OF BOYNTON BEACH LIBRARY EXPANSION April 4 2003 TASKS DESCRIPTION EXHIBIT 'A' I. PRE-DESIGN 1. Site survey confirmation (Verify existing conditions). 2. Review existing Construction Documents. 3. Examine and confirm/documents to existing conditions. 4. Prepare CADD base plans from field measurement and existing documents. 5. Confirm Program with Owner. II. PROGRAM REVIEW 1.Conduct workshop meetings with Owner and library representatives in order to verify program (3 anticipated meetings). 2. Confirm existing library functions and activities in order to develop appropriate phasing and verify extent of acceptable renovation. 3. Generate meeting minutes and document final pro. gram requirements for the Project development. -., ~:~ 4. Review project budget to existing conditions, phasing and verified program (continuous) III. SCHEMATIC DESIGN 1. Preparation and presentation of Preliminary Site Plan, Floor Plan and building elevations based upon approved program, including phasing (3 anticipated meetings). 2. Develop Space Plan denoting generic furniture systems and equipment locations. 3. Identify building systems intended to be utilized together with the development of conceptual layouts of same. 4. Research zoning and building; meet with regulatory agencies as required for Project review (1 meeting) IV. DESIGN DEVELOPMENT 1. Preparation of documents as required to determine and describe the character of the Project to include, but not be limited to, the following: a. Site Plan denoting proposed infrastructure, grading, paving (including on-site traffic control), storm water management (drainage), site lighting, modifications and/or additions to the existing septic system. b. Proposed landscape arrangement, plant material identification and site irrigation coordination. c. Architectural drawings consisting of Floor Plans, elevations, building sections and exterior elevations. d. Structural drawings denoting foundation and framing systems. e. Mechanical and Electrical drawings defining system configurations and development. f. Outline specifications (all consultants). 2. Identify interior character and level of finish intended for the combined renovation/addition. 3. Progress meetings with Owner and Construction Manager to review and approve Document Development and receive comments, suggestions and input (4 anticipated meetings). 4. Meeting with governmental officials (fire, engineering, building) to review project (! meeting) City of Boynton Beach Library Expansion Exhibit 'A' April 4, 20O3 Page Three V. CONSTRUCTION DOCUMENTS 1. Preparation of all detailed drawings and specifications as necessary to the documentation of this proposed construction/renovation, including but not limited to: a. Site Development b. Landscape and Site Irrigation c. Structural d. Architectural e. Mechanical f. Plumbing g. Electrical (power/lighting/communication) h. Fire Protection 2. Prepare applications and documentation necessary for submittal of the following site permits: a. Modifications to the South Florida Water Management District permit. b. City of Boynton Beach Utilities (water and fire lines). VI. BIDDING 1. Review Bidders Questions 2. Attend Pre-bid Conference 3. Response through written addenda. - -' ~ 4. Evaluation of bids, including review of cost saving alternates. VII. CONSTRUCTION 1. Attend Preconstruction Meeting. 2. Attend regularly scheduled construction meeting (anticipated weekly); meeting minutes as provided by General Contractor or Construction Manager. Design consultants shall attend monthly Pay Application Review Meeting as a minimum. 3. Attend pre-installation conferences as scheduled by the Contractor. 4. Documentation of all field inspections by report. 5. Review Substitution Requests (recommendations as appropriate), Shop Drawings, RFI's and issue ASI's and Proposal Requests as required or requested. 5. Review and approve Contractor's Payment Application. 6. Punch List preparation (all design consultants). VIII. COMPLETION/PROJECT CLOSE-OUT 1. Review Punch List for Substantial Completion. 2. Review Contractor's Close-out Documents/Record Drawings. 3. Participate in one-year warranty inspection. CITY OF BOYNTON BEACH LIBRARY EXPANSION April 4, 2003 FEE BREAKDOWN EXHIBIT 'B' 1. PRE-DESIGN (2 WEEKS) $14,310.00 A. Site survey confirmation Architect: 8 hrs@ $110/hr Structural Engineer: 4 hfs@ $85/hr Mechanical Engineer: 4 hrs@ $85/hr Electrical Engineer: 4 hfs @ $85/hr B. Review existing Construction Documents. Architect: 4 hrs@ $110/hr Structural Engineer: 4 hrs@ $85/hr Mechanical Engineer: 4 hfs@ $85/hr Electrical Engineer: 4 hfs @ $85/hr C. Examine and confirm/documents to existing conditions. Architect: 8 hrs@ $110/hr Architect CADD Architect: 40 hrs@ $85/hr Structural Engineer: 4 hrs@ $85/hr Mechanical Engineer: 4 hfs@ $85/hr Electrical Engineer: 4 hfs @ $85/hr D. Confirm Program with Owner (2-~ day meetings). Meetings: Architect (2 at meeting): 16 hfs@ $135/hr Structural Engineer: 8 hrs@ $85/hr Mechanical Engineer: 8 hfs@ $85/hr -' ~ Electrical Engineer: 8 hfs @ $85/hr Summary Report: Architect: 8 hrs@ S110/hr Structural Engineer: 2 hfs@ $85/hr Mechanical Engineer: 2 hfs@ $85/hr Electrical Engineer: 2 hfs @ $85/hr Clerical: 8 hfs@ $50/hr 2. SCHEMATIC DESIGN (4 WEEKS) $ 53,660.00 Architect Principal: 8 hrs@ $175/hr (2 hr/wk) Architect Project Manager: 117 hfs@ $135/hr (26 hr/wk) Architect Project Architect: 80 hfs@ $110/hr (20 hr/wk) Architect CADD Architect: 80 hrs@ $85/hr (20 hr/wk) Civil Engineer: 42 hfs@ $90/hr. (10.5 hr/wk) Structural Engineer: 75 hrs@ $85/hr (12 hr/wk) Mechanical Engineer: 62 hrs@ $85/hr (15.5 hr/wk) Electrical Engineer: 64 hrs @ $85/hr (16 hr/wk) 3. DESIGN DEVELOPMENT (4 WEEKS) $ 82,470.00 Architect Principal: 8 hrs@ $175/hr (2 hr/wk) Architect Project Manager: 120 hrs@ $135/hr Architect Project Architect: 175 hfs@ $110/hr Architect CADD Architect: 160 hrs@ $85/hr Civil Engineer: 64 hrs@$90/hr Structural Engineer: 73 hrs@ $85/hr Mechanical Engineer: 96 hrs@ $85/hr Electrical Engineer: 97 hrs @ $85/hr City of Boynton Beach Library Expansion Fee Breakdown Exhibit 'B' April 4, 2003 Page Two 4. 50% CONSTRUCTION DOCUMENTS (INCLUDING CIVIL PERMITTING) (6 WEEKS) $ 94,255.00 Architect Principal: 12 hfs@ $175/hr Architect Project Manager: 86 hfs@ $135/hr Architect Project Architect: 180 hfs@ S110/hr Architect CADD Architect: 240 hfs@ $85/hr Specification Writer: 40 hfs@ $90/hr Civil Engineer: 73 b_rs@ $90/hr Structural Engineer: 133 hrs@ $85/hr Mechanical Engineer: 110 hfs@ $85/hr Electrical Engineer: 112 hrs @ $85/hr 5. 100% CONSTRUCTION DOCUMENTS (6 WEEKS) $ 108,760.00 Architect Principal: 12 hfs@ $175/hr Architect Project Manager: 120 hrs@ $135/hr Architect Project Architect: 240 hrs@ $110/hr Architect CADD Architect: 279 hfs@ $85/hr Specification Writer: 40 hrs@$90/hr Civil Engineer: 73 hrs@ $90/hr Structural Engineer: 133 hfs@ $85/hr Mechanical Engineer: 110 hfs@ $85/hr ~ -" ~ Electrical Engineer: 112 hfs @ $85/hr 6. BIDDING (4 WEEKS) $ 23,545.00 Architect Principal: 4 hrs@ $175/hr Architect Project Manager: 16 hrs@ $135/hr Architect Project Architect: 98 hrs@ $110/hr Specification Writer: 8 hfs@ $90/hr Civil Engineer: 18 hfs@ $90/hr Structural Engineer: 33 hfs@ $85/hr Mechanical Engineer: 28 hrs@ $85/hr Electrical Engineer: 28 hrs @ $85/hr 7. CONSTRUCTION ADMINISTRATION (16 MONTHS) $100,890.00 Architect Principal: 16 hfs@ $175/hr (lhr/mo) Architect Project Manager: 64 hrs@ $135/hr (4hr/mo) Architect Project Architect: 256 hrs@ $110/hr (28 hr/mo) Architect CADD Architect: 16 hrs@ $85/hr (misc. changes) Civil Engineer: 82 hfs@ $90/hr (5 hr/mo) Structural Engineer: 128 ,hfs@ $100/hr (6 hr/mo) Mechanical Engineer: 128 hrs@ $85/hr (8 hr/mo) Electrical Engineer: 128 hrs @ $85/hr (8 hr/mo) 8. POST CONSTRUCTION $ 5,005.00 Architect-Project Architect: 27.5 hrs@ $110/hr Civil Engineer: 4 hrs@ $90/hr Structural Engineer: 6 hrs@ $100/hr Mechanical Engineer: 6 hrs @ $85/hr Electrical Engineer: 6 hfs @ $85/hr TOTAL $ 482,895.00 City of Boynton Beach Library Expansion Fee Breakdown Exhibit 'B' April 4, 2003 Page Three REIMBURSABLE EXPENSES: Reimbursable expenses shall be invoiced at a multiple of one and one-tenth (1.10) times the expenses incurred by the Architect, the Architect's employees and consultant's in the interest of the Project. Reimbursable shall include printing, models and renderings. Estimated $10,000 reimbursable for printing. TOTAL FEES AND REIMBURSEABLES: $492,895.00 EXHIBIT "C" - PROJECT OVERVIEW AND COMPARISON TO STANDARDS The physical limitations of the building combined with the number of people using the facility, and the demand for the latest in technology make it difficult to continue providing the excellent library service that area residents deserve and expect. The present library is too small, crowded, and does not meet current state and national standards. Computer workstations are too close together to provide comfortable workspace for the users. Space is lacking to install enough printers in order to print documents for customers in a timely manner. There is no space for a separate Young Adult area where teens can feel comfortable, visit, and even work on collaborative school projects without disturbing others. Offices, a conference room, Friends Book Sale and promotional materials area have encroached on public space. Customers, impatient waiting for service in a crowded area, become testy and argue about who is next. Staff spends customer assistance time defusing these situations instead of providing library service. Storage space for library materials and items donated for the Friends' Book sale is extremely deficient. Conference rooms are utilized as storage areas limiting their intended use by the public. Several professional staff have no office space, there are four work stations in a Business Office designed for two. The director's conference room, where the professional collection is located, now contains a computer workstation and " ~ printer as well as materials that belong in a storage closet. The library that was once open, organized, inviting, and comfortable has become cluttered, chopped up, unattractive, dark, crowded, and noisy. Enlargement of the Boynton Beach City Library will significantly increase its ability to serve and observe library customers of all ages, abilities, and degree of mobility effectively, efficiently, and professionally. Added office space and logically placed storage areas will increase staff productivity. Closed stacks away from areas of major activity for duplicates and less frequently used materials will alleviate wear and tear produced by crowded shelves, reduce shifting of materials on shelves and enable more customers to find materials easily without staff assistance. An attractive, larger Friends Book Sale Room away from the high traffic area around the circulation service desk and in close proximity to the entrance will enhance the Friends' visibility and provide space for improved display of merchandise. Increased sales will lead to greater revenue enabling the Friends to finance more special purchases for the library. The new area for teens will eliminate the crowding in the youth area, provide materials for middle and high school students in a setting appealing to them, and reduce the noise level in the reference area. The leisure reading area away from the activity around the circulation service desk will provide customers a quieter space and more relaxed atmosphere for recreational reading. The additional computer lab space will allow more customers to attend training sessions needed to improve their computer proficiency. More workspace around the public computers will enable customers to use their time more effectively and increase their levels of productivity. Study rooms for group projects will reduce the library's noise level and enable students to focus on their work. Conference rooms will provide more suitable size space for committee meetings now tying up the program room. Conference rooms will allow the library to limit the use of the program room to big groups that require a large space to accommodate the size of the anticipated audience. The expansion of the library will increase its prominence along Seacrest and Boynton Beach Boulevard. The visibility to those visiting the other centers in the four-block city area should attract some of them to the library as well as to the Book Sale Room. The larger library with its spaciousness, open feeling, and improved facilities will attract customers and encourage them to return often. The enlarged facility, meeting basic state and national standards, will allow library personnel to provide a much higher level of service than they are able to provide in an overcrowded, noisy, cluttered building. I~SOLUTION NO. R03- V.-CONSENT AGENDA ITEbt B.5. A RESOLUTION OF THE CITY COMMI; CITY OF BOYNTON BEACH, FLORIDA, ~ THE EXECUTION OF A CONSULTANT AGREEMENT FOR ARCHITECTURAL/ENGINEERING SERVICES FOR THE EXPANSION OF THE LIBRARY (RFQ#024-2413- 03/CYD) TO SCHENKEL & SCHULTZ, INC., IN THE AMOUNT OF $492,895.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 1, 2003, the City Commission authorized staff to negotiate a with Schnekel & Schultz, Inc., and the attached Consultant Agreement is the result ! those negotiations; and WHEREAS, the City Commission deems it appropriate and in the best interests of citizens and residents of the City of Boynton Beach to enter into an agreement with lchenkel & Schultz, Inc., for design services, permitting, bidding services, along with administration for the expansion/remodeling of the library. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratifie~ al3~d ii~onfirmed as being true and correct and are hereby made a specific part of tills Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does authorize and direct execution of a Consultant Agreement with Schenkel & Schultz, for design services, permitting, bidding services, along with construction administration the expansion/remodeling of the library, a copy of which Consultant Agreement is hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner Clerk ;:\CA\RESO~greements\Consultant - Schenkel & $chultz - library.doc V.-CONSENT AGENDA CITY OF BOYNTON BEACI-] ITEM C.1 AGENDA ITEM REQUEST FOI ,- Requested City Connnmion Da~e FL, uti Form Must be Turned Reque~d CRy Commmio~ Date Final Form Must be Turned Meetimz Dates i~ to City Clerk's Office Mee~imz Da~ to CiV( Cl~k's Office [] ~ 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noo~) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noo~) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 Jura 16, 2003 (Noon) . [] ~y 20. 20o3 May ~, 2003 (Noo.) [] July iS, 20O3 J~,~ 30, 20O3 (No~,,) - ~ .. [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Mannger's Report [] Presemafion [] Consent Agenda [] Public Hearing r,~ [] Code Compliance/Leg~ Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and execute by Resolution Amendment No. 1 to Task Order No. 01-06 to Camp, Dresser & McKee (CDM) for additional engineering services for the Downtown Watershed Stormwnter Improvements - Phase 2 of 3 project in the amount of $ 45,000.00. EXPLANATION: Task Order No. 01-06, was awarded to CDM by the City Commission on May 1, 2001. The original task order included design and permitting of swales, retention/detention areas and closed conduit work in three (3) areas west of US I to store, inffitrate and convey excess runoff after treatment to the Phase I improvements, which included a regional wet detention pond in the downtown watershed area. Of the original three (3) areas to be addressed in the original task order, Area No. 3 has been eliminated. The remaining two (2) areas are: Area No. I : Railroad Avenue, between Boynton Beach Boulevard and Martin Luther King Boulevard. Area No. 2: SE 4m Street, between SW 1sT Avenue and SW 6m Avenue (1 block south of East Ocean Avenue to Pence Park). S:~BULLETIN~ORMS~kOENDA ITEM REQUEST FORM.DOG CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Following public workshops with residents and business owners of the two (2) remaining project areas and determination of the required level of service and benefits, CDM was requested to evaluate additional design alternatives and determine the most feasible design during the performance of the work. To maintain the progress of this project, Amendment No. I to Task Order No. 01-06 would allow CDM to complete the design and provide permitting, bid and construction phase services for Area No. 2 only. The original task order scope of work included a median swale, stormwater piping and a new water main (along SE 4TM Street only), streetscape improvements, including on street parking, sidewalks, and pedestrian crossings to enhance the aesthetics of the existing neighborhood, provide traffic calming and stormwater retention areas. Also included is a dry retention/detention pond on the southeast corner of Pence Park located at the intersection of SE 6a Avenue and SE 4th Street. To avoid future disruption to the project neighborhood from construction, the scope of work ~s increased to include replacement of the following additional deteriorated waterlines: · Replacement of 4-inch diameter asbestos cement pipe (ACP) water line along SE 6a Avenue west of SE 4a Street with 6-inch diameter water main ductile iron pipe (DIP) · Replacement of existing 2-inch polyethylene water line along SE 5th Avenue west of SE 4th Avenue with 6-inch diameter water main ductile iron pipe (DIP) · Replacement of existing 2-inch diameter galvanized water line on SE 4th Avenue with 6- inch diameter ductile iron pipe (DIP) The engineering services required by CDM under this amendment are due to changes in the scope of this project. They include additional survey, development and evaluation of alternative designs, permitting, project review and Community Involvement Meetings, cost estimating and construction phase services related to the implementation of the stormwater and water main improvements to Area No. 2. Due to delays associated with land acquisitions required for proposed new retention/detention areas for Area No. 1 it has been decided to remove this portion of the work from the original task order and to complete Area No. I under an new task order at a later date. PROGRAM IMPACT: This amendment would provide for the appropriate increase in scope to complete Area No. 2 as a "stand-alone" project. S:~BULLETII~FORMS'~A~}ENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The actual fiscal impact of this amendment is an additional $ 45,000.00. Funds are available from the following Utilities CIP Accounts: Account Numbers AMOUNT 407-5000-590-96.07 (STM006) Original Task Order $ 215,260.00 401-5000-590-96.02 (WTRI10) 407-5000-590-96.07 (STM006) Amendment No. 1 $ 45,000.00 4o1- ooo-590-96.o2 (WTR110) TOTAL PROJECT TO DATE $ 260,260.00 The project is currently at 90% design completion and is in for permitting with both the Palm Beach County Health Department and SFWMD. At this time, the Engineer's Estimate of Probable Cost is $1,172,259.00. ALTERNATIVES: The Utilities Department has been and remains committed to completing this project and, other ~.__thap~ot doin~_~thisf-i~roject, there is no alternative at this ~t~ ~ Dale S. !t~ugerman, ' - ~urt Bressner, Assistant City Manager City Manager Utilities Department O~)/.0~- ~ Department Name City Attorney / Finance / Human Resources /ktr Attachment - Amendment No. 1 bc: Dale S. Sugerman, Assistant City Manager Robert Kenyon, Deputy Utilities Director Mark Law, Deputy Utilities Director Paul Fleming, Sr. Project Manager Barb Conboy, Utilities Administration Manager File S:~BULLETIN~ORMS~.GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO TASK ORDER NO. 01-06 BETWEEN THE CITY OF BOYNTON BEACH AND CAMP DRESSER AND MCKEE (CDM) IN THE AMOUNT OF $45,000 FOR ADDITIONAL ENGINEERING SERVICES FOR THE DOWNTOWN WATERSHED STORMWATER IMPROVEMENTS - PHASE 2 OF 3 PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission approved Task Order No. 01-06 to CDM on May 1, 2001 for services related to design, and permitting of swales, retention/detention areas and :losed conduit work in three areas west of US 1 to store, infiltrate and convey excess runoff treatment to the Phase I improvements, which included a regional wet detention pond in downtown watershed area; and - - - ~ e WHEREAS, as a result of numerous community involvement meetings by staff with residents and business owners CDM was requested to evaluate additional design and determine the most feasible design during the performance of the work; WHEREAS, to maintain the progress of this project, Amendment No. 1 to Task No. 01-06 would allow CDM to complete the design and provide permitting, bid and :onstmction phase services for Area No. 2 only, and would provide for the appropriate in scope to complete Area No. 2, as a "stand-alone" project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as eing true and correct and are hereby made a specific part of this Resolution upon adoption k\CA\RESO~greements\Task - Change Orders\Consultant - CDM Amendment to Task Orde~O1-06.doc Section 2. The City Commission of the City of Boynton Beach, Florida does authorize and direct the execution of Amendment No. 1 to Task Order No. 01-06 to Dresser & McKee (CDM) for additional engineering services for the Downtown Watershed Stormwater Improvements - Phase 2 of 3 project in the amount of $45,000.00. 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 Commissioner ;T: Clerk Seal) ;:\CA~RESO~,greements\Task - Change Orders~Consultent - CDM Amendment to Task OrdefO1-06.doc ENGINEERING SERVICES TASK ORDER CITY OF BOYNTON BEACH TASK ORDER NO. 01-06, Amendment No. 1 DATE: CDM PROJECT NO. 6276 - 6 I. PROJECT TITLE Additional Engineering Services for the Downtown Watershed Stormwater Improvements - Phase 2 II. BACKGROUND The original scope of work for this project included design and permitting of swales, retention/detention areas, and closed conduit work in three areas west of US 1, as described in Scope of Services of Task Order 6, to store, infiltrate and convey excess runoff after treatment to the Phase I improvements, which include a regional wet detention pond in the downtown watershed~ As a result of findings during the -' preliminary design phase, and also as a result of public meetings, the City requested al various stages during the performance of work that Camp Dresser & McKee Inc. (CDM) evaluate additional design alternatives in order to determine the most beneficial design for providing the desired level of service and to meet project design criteria desired by the residents of the areas to be improved. Also, in an effort to avoid additional future disruption to the project neighborhood, the scope of work was increased to include replacement of additional deteriorated waterlines. The engineering services provided by CDM under this Amendment No. I to Task Order 6 are required due to changes in the scope of this project. III. CONTRACT REFERENCE This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated the 4~ day of October 2000 between the City and CDM. W. SCOPE OF SERVICES. The Scope of Services shall include surveying, development and evaluation of alternatives (modeling), design, permitting, project review meetings and cost estimating related to the implementation of the stormwater and water main improvements to the project area. The detailed Scope of Services are included in Exhibit A. N:\0000\de1728 Ta~k Order.doc 3/1 V. PROJECT STATUS REVIEW CDM shall provide the City with written monthly status reports with monthly invoices for the duration of the project. VI. COMPENSATION FOR SERVICES The total amount to be paid to CDM by the City under this Task Order shall be a not-to- exceed amount of $45,000. A breakdown of the labor hours and other costs associated with this Task Order are provided in Exhibits B and C. IN WITNESS WHEREOF, the part/es have hereunto set their hands the day and year first above written. CAMP DRESSER & McKee INC. CITY OF BOYNTON BEACH, FLORIDA David~~~" P E~F Holtz, '~. - Kurt Bressner, City Manager -. ,=" ~ Associate 2 N:\0000\de1728 Task Order. doc EXHIBIT A DOWNTOWN WATERSHED STORMWATER IMPROVEMENTS - PHASE 2 TASK ORDER 6 AME~NT No. 1 SCOPE OF SERVICES CAMP DRESSER & McKEE INC. INTRODUCTION The original scope of work for this project included design of swales, retention/detention areas, and closed conduits in the three areas west of US 1, as described in Scope of Services of Task Order 6, to store, infiltrate and convey excess runoff after treatment to the Phase I improvements, which include a regional wet detention pond in the downtown watershed. Following public workshops with residents of the project areas and determination of project level of service and benefits, the City requested at various stages during the performance of work that Camp Dresser & McKee Inc. (CDM) evaluate additional design alternatives in order to determine the most feasible design. Also, in an effort to avoid additional-future disruption to the project -- neighborhood, the project scope of work was increased to include replacement of additional -' deteriorated waterlines. The engineering services provided by CDM under this Amendment No. 1 to Task Order 6 are required due to changes in the scope of this project. PROJECT DESCRIFrlON The additional scope of services included in this Amendment are described below. In an effort to maintain the progress of this project and due to delays associated with land acquisition required for proposed new retention/detention basins for Area 1, the City requested that Area 2 be separated from the remaining project and that a separate, stand-alone set of plans that could be bid separately be prepared for Area 2. The original project area for Area 2 included SE 4th Street from SE 1~t Avenue to SE 6ta Avenue and the scope of work included a median swale, stormwater piping and new waterline plus streetscape improvements including on street parking, sidewalks, and paved pedestrian crossings that will enhance the aesthetics of the existing streetscape, provide traffic calming and stormwater retention areas. Also included is a dry retention/detention pond on the southeast comer of the park located at the intersection of SE 6th Avenue and SE 4~ Street. In an effort to avoid additional future disruption to the project neighborhood from construction, the project area was increased to include replacement of the following additional deteriorated waterlines. N:\ 0000\ de1730rev.doc. A- 1 1. Replacement of 4-inch diameter ACP waterline along SE 6th Avenue west of SE 4th Street with new 6-inch diameter DIP. 2. Replacement of existing 2-inch polyethylene line along SE 5th Avenue west of SE 4th Avenue with new 6-inch diameter DIP. 3. Replacement of existing 2-inch diameter galvanized line on SE 44 Avenue with 6-inch diameter DIP. Based on feedback received from residents of the project areas and the desire to provide greater stormwater management benefits following implementation of the project improvements, the City requested that several additional alternatives be developed and that the SWMM Model be used to evaluate level of service for various storm events for each alternative. This effort was used as the basis for design revisions to Area 2 and for pursuing the purchase of vacant parcels for the construction of new stormwater retention ponds in Area 1. Task 1 - Surveying Services CDM retained a registered Professional Surveyor to provide survey information required to complete this project. CDM coordinated the projec~t _s_cope of work and schedule with the -. ~ surveyor. The surveyor researched existing underground utilities and provided a basemap -' ~ drawing incorporating survey data and underground utility information for the new areas. Task 2 - Meetings with City Staff CDM attended meetings with City staff to discuss the project alternatives and associated benefits (level of service) and changes desired by the City, to identify needs of the stormwater management system and potable water distribution system and to ensure that the design options selected best meet the needs of the City. Task 3 - Additional Stormwater Modeling The City of Boynton Beach Stormwater Management Model (SWMM) has been used as the basis for design and permitting. The model was revised to evaluate the level of service expected for various alternative designs requested by the City, such as exfiltration trenches in lieu of swales along Railroad Avenue and closure of pan of SE 44 Street for construction of a stormwater retention pond in the right-of-way. CDM then used S.WMM to evaluate stormwater conveyance and detention structures for the additional design options requested by the City. Task 4 - Modify Drawings and Specifications CDM created additional drawings required for additional waterline improvements with required details sufficient to produce a biddable set of plans. CDM revised and reformatted existing design drawings to create a separate set of plans for Area 2. Three (3) additional civil sheets were required to show additional waterline improvements, plus revisions to existing sheets to create a separate set of plans for Area 2. · N:\0000\de1730rev.doc ' A-2 ~,r~oa CDM prepared the design documents for City review at the 90 percent completion level. At the completion of the design phase, after permits approval, CDM will provide the City with one (1) set of reproducible contract drawings and CD with the contract drawing file in AutoCAD Release 14 (or later version). Task 5 - Cost Estimating CDM included the additional work in the opinion of probable construction cost for the project at the 90 percent completion milestone and in the final opinion of probable construction cost at the completion of the project prior to bid opening. CDM included the additional improvements in the Schedule of Bid Items for the project. N:\ 0000\ delT30~.do~ A-3 ' ~?r~ooa EXH~IT B PROJECT BUDGET PROJECT: Downtown Watershed Stormwater Improvements - Phase Amendment 1 CONTRACT Agreement between City of Boynton Beach and REFERt~CE: Camp Dresser & McKee Inc. dated October 4, 2000 Labor Category Hours Hourly Rate (S/hr) Total Project Director 26 $138 $3,588 Technical Specialist 22 $144 $3,168 Senior Engineer/Scientist 40 $123 $4,920 Professional II 95 $78 $7,410 Professional I 57 $67 $3,819 Senior Support Services 38 $99 $3,762 Staff Support Services '80 $61 $4,880 Clerical .~ .__ 44 $39 $1,716~ TOTAL LABOR COST $33,263 OTHER DIRECT COSTS Reproduction and Supplies $1,000 Travel 500 Computer and CAD 1,000 Postage and Shipping 500 TOTAL OTHER DIRECT COSTS $3,000 OUTSIDE PROFESSIONAL SERVICES (With 10% Mark-Up) Surveying $8,690 TOTAL OUTSIDE PROFESSIONALS $8,690 TOTAL ESTIMATED COST $44,953 UPPER LIMIT AMOUNT $45.000 N:\0000\de1728 Exh B.doc 1/17~00~ V.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FO vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] 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 July 1.2003 June 16.2003 (Noon} i:.:. ,_.~--~ April 14, 2003 (Noon) [] May20,2003 May5,2003(Noon) [] July15.2003 June30,2003(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, Task Order No. 01-11 with Utilities General Engineering Consultant, Camp Dresser & McKee, Inc. in the amount of $250,000.00 for the two-phase expansion of the West Water Treatment Plant (WWTP). EXPLANATION: This Task Order has an upper limit (not to exceed) funding amount of $250,000.00 and is allocated to six (6) separate tasks related to capacity increases. This Task Order also contains specific milestones for each of the tasks as well as a funding limit for each task. The Utilities Departrnent will be monitoring this Task Order very closely as it relates to the City's ability to meet current and near-term future potable water demands. Timing and funding of this task order is critical. Phase 1 of this Task Order includes design, preparation of bidding documents, bid phase services, construction management and start-up services for the replacement of the WWTP's membranes. Replacement of these membranes will increase the WWTP capacity by 1.9 MGD, which is critical to the City's ability to meet near-term demands for potable water. This task may also include replacement of piping and pumps to assure the success of the increase. S:\BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Phase 2 of this task order includes the concurrent development of the preliminary, 30% design of the WWTP, preparation of the Request for Qualifications and then the Request for Proposals. Under this plan, Camp Dresser & McKee, Inc. will function as our design criteria professional and will coordinate and consult with the City, CH2M Hill, Inc. and Metcalf & Eddy, Inc. who are currently under task order to study and increase the production capacity of the WWTP well fields. In order for Phase 2 to move ahead, it is essential that the City secure approval from the SFWMD for our current Water Use Permit application. This increase is for 6 MGD, bringing the WWTP to its maximum production capacity of approximately 16 MGD. Also included in Phase 2 of this task order is the preparation of the Request For Qualifications (RFQ), Request For Proposals (RFP) and design/build contractor selection. The Utilities Department intends to deliver the 16 MGD "build out" of the WWTP as a design/build project and this Task Order does not include the final design of the Phase 2 expansion. The final design will be by the selected design/build contractor. We anticipate bringing our recommendation of award for the design/build of the WWTP to the Commission within eight (8) months. PROGRAM IMPACT: Water plant expansion is critical to maintaining and growing the overall system capacity. Palm Beach County Environmental Rule II requires systems reaching 80% of the approved design capacity to initiate procedures for expansion and at 90% to have the plant expansion under construction. FISCAL IMPACT: The cost of Task Order #01-11 is recommended with an upper limit not to exceed $250,000. Funds are available in accounts//401-5000-590-96.02, WTR075; and 401-5000-590-96.10, WTR114. S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: We have explored several process alternatives and configurations for the expansion of the water system. These alternatives include: nanofiltration, low-pressure reverse osmosis, conservation, aquifer storage and recovery, multiple use wells, anionic exchange and more. This task is part of the Utilities strategic plan that includes all of these components to meet current and future customer demand. ' '~'~~' ~D~al~ S~erm~an,~'-~'~'' ~ - C~i~M~l~a ger, s Signature Assistant City Manager Utilities ~~ Department Name City Attorney / Finance / Human Resources xc: Bob Kenyon Dale Sugerman Paul Fleming Dave Ailstock Barb Conboy S:XBULLETIlCJ:ORMS~AGENDA ITEM REQUEST FORM.DOC 1601 Belvedere Road, Suite 211 South West Palm Beach, Florida 33406 tel: 561 689-3336 fax: S61 689-9713 March 18, 2003 Mr. Robert L. Kenyon Deputy Utilities Director Utilities Department City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Subject: Task Order 01-11 West Water Treatment Plant Dear Mr. Kenyon: Enclosed herewith are three (3) copies of the referenced task order for Design Criteria Professional services for the proposed design-build expansion of the West Water Treatment Plant (West WTP). This task order provides an upper limit of $250,000 for technical and contractual assistance to the City related to an initial capacity increase for the plant via membrane replacement and preliminary design and procurement of design-build contractors to expand the West WTP. We appreciate the opportunity to assist the City with this important project. Very truly yours, David F. Holtz, P.E. Associate Camp Dresser & McKee Inc. DFH/bes Enclosures File: 0000-DFHNB-MS.DFHBB N:\0000~bs7281 Ltr.doc c: Paul Fleming consulting · engineering - construction · operations RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A TASK ORDER NO. 01-11 FOR CAMP, DRESSER & MC KEE, INC., IN THE AMOUNT OF $250,000 FOR THE TWO-PHASE EXPANSION OF THE WEST WATER TREATMENT PLANT (WWPT); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this Task Order has an upper limit (not to exceed) funding amount of $250,000.00 and is allocated to six separate tasks related to capacity increases; and WHEREAS, this Task Order also contains specific milestones for each of the tasks, as well as a funding limit for each task; and WHEREAS, the City Commission, upon staffs recommendation, has deemed it appropriate, and in the best interests of the public, to approve a Task Order for Camp, Dresser & McKee., for the two-phase expansion °f'the West Water Treatment Plant, in an amount not to exceed $250,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct execution of Task Order No. 01-01 for Camp, Dresser & McKee, Inc., in an amount not to exceed $250,000.00. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner T: Clerk ~. Order - Mctcalf & Eddy 01-09 ENGINEERING SERVICES TASK ORDER CITY OF BOYNTON BEACH TASK ORDER NO. 01-11 DATE: CDM PROJECT NO. 6276 - 11 I. PROIECT TITLE West Water Treatment Plant Expansion Design Criteria Professional Services II. BACKGROUND The City of Boynton Beach (City) has identified the need to expand their water treatment capacity to meet projected demands through build-out of the City in approximately 2010. To meet this need, the City is planning an expansion of the West Water Treatment Plant (West WTP) nanofiltration capacity from 8 mgd by approximately 8 mgd to approximately 16 mgd. It is anticipated that the East Water Treatment Plant will provide the remaining treatment capacity. The City has applied for a Water Use Per'mit (WUP) from the South Florida Water -, ~ Management District (SFWMD). The WUp application requests an increase in surficial aquifer allocation from approximately 14.8 mgd to 21.8 mgd on an annual average daily flow basis. This request, if granted, would provide additional fresh water supply for an expansion of the membrane softening (nanofiltration) treatment capacity at the West WTP. The City intends to implement the required expansion of the West WTP through a design-build project delivery method. Camp Dresser & McKee Inc. (CDM) has been requested to serve as the City's Design Criteria Professional, throughout the design- build project implementation process, as outlined in Section 287.055 of Florida Statutes. This task order provides for services from project development, through selection and award of a contract to a design-build firm. Additional authorization will be required in the future for design and construction phase Design Criteria Professional Services. III. CONTRACT REFERENCE This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated the 4th day of October 2000 between the City of Boynton Beach (City) and Camp Dresser & McKee Inc. (CDM). W. SCOPE OF SERVICES The Scope of Services shall include the following tasks related to development of a Design Criteria Package, Request for Qualification's (RFQ) and Request for Proposals A 1 C:',Documents and Settings\flemingp\Local SettingsXTemporary [mernet FilesxOLKI D\BB Task Order.doc-03/20/03 (RFP) resulting in the City's contracting with a design-build firm for implementation of the expansion of' the West WTP: Task No. Description 1. Assist with Plant Expansion via Membrane Replacement 2. Prepare RFQ 3. Evaluate RFQ Responses 4. Prepare RFP and Basis of Design Report (BODR) 5. Review Contractor Proposal Responses 6. Contract Negotiation and Award Professional engineering services to be provided during the design phase, procurement, construction and start-up of the West Water Treatment Plant Expansion project shall be included in a subsequent Task Order. The general Scope of Services is provided in Exhibit A. V. PROJECT SCHEDULE CDM will commence with the work upon receipt of written authorization and shall complete the work within the attached schedule of milestones/deliverables. VI. COMPENSATION FOR SERVICES The total amount to be paid to CDM by the City under this Task Order shall not exceed an upper limit amount of $250,000 without additional authorization. The upper limit estimate is based the general scope of work included in Exhibit A. CDM shall track and invoice costs by task. CDM shall not exceed the upper limit amount outlined in Exhibit C by task without prior written authorization by the City. A sunm~ary of the estimated cost for this Task Order is provided in Exhibits B and C. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above CAMP DRESSER & McKee INC. CITY OF BOYNTON BEACH, FLORIDA David F. Holtz, P.E. Kurt Bressner, City Manager Associate ~ 2 N:\0000~bs?281 r~v.doc-03/l 8/03 CITY OF BOYNTON BEACH WEST WATER TREATMENT PLANT EXPANSION DESIGN CRITERIA PROFESSIONAL SERVICES EXHIBIT A SCOPE OF SERVICES West Water Treatment Plant Design-Build Procurement CDM shall use an approach that involves assisting the City with negotiations of project design approach and contract price with pre-qualified contractor(s). CDM shall work closely with the City's Utilities and Procurement Depa~-t,,tents and City Attorney's Office to administer the RFQ and RFP processes in accordance with City procedures. Subject to the City confirmation, the West Water Treatment Plant (West WTP) design-build firm procurement process may include the following steps: · Develop Contractor Qualifications Criteria. · Issue Request for Qualifications (RFQ). · Evaluate Contractor Statements of Qualificati.0_ .ns. based on RFQ ranking criteria developed, in conjunction with the City. ~ ~ · Develop draft Construction Agreement. · Issue RFP to top-ranked, pre-qualified Contractor(s). · Assist the City with negotiations on technical and cost proposals, value engineering reviews and contract terms. · Assist the City in preparing the contract with the selected Contractor. Following Technical Submittal approval, pricing together with signed construction agreements will be received from the pre-qualified Contractors. The Construction price will be evaluated and a recommendation of contract award will be made for consideration by the City Commission in accordance with the City procedures. TASK 1 ASSIST wrrH PLANT EXPANSION VIA MI!lVlB~ REPLACEMENT CDM shall evaluate the proposal presented by City staff to increase the West WTP capacity from 8 mgd to approximately 9.9 mgd by replacing existing membrane elements and face piping or pumps (as required). The plant's membranes are budgeted for replacement every five years, but have remained in service for approximately nine years now. Due to advances in membrane technology, it may be possible to increase the existing plant capacity, while decreasing operating costs, via membrane replacement. When completed, this process will reduce the extent and cost of the required design-build expansion of the West WTP. CDM will conduct the following efforts towards this goal: · Evaluate the feasibility and extent of work required to increase plant capacity through membrane replacement. The hydraulics of the existing piping will be evaluated for existing N:\0000\b~7281 F_.xh A Rev.doc-3/18/2003 and future flows. The existing pumps will be evaluated to determine if they have adequate capacity for the increased flow. If not, new face piping will be designed to reduce headloss (and noise), or new pump (or impellers) will be specified. The hydraulic analysis will include consideration of future flow conditions with the addition of new membrane vessels. · Summarize recommended activities in a brief technical memorandum. · Assist with applying for the required permit from the Palm Beach County Health Department. · Negotiate membrane and face piping or pumping equipment supply cost with manufacturer(s). · Prepare technical spedfications, sketches and performance criteria and bid form for the City's use in procuring a specialty contractor experienced in membrane system replacement. · Provide technical assistance and contract management services during the performance of the work to confirm that the membrane replacement work is performed in accordance with the design intent. · Perform final testing oversight and inspection and certify project completion. TASK 2 PREPARE REQUEST FOR QUALIFICATION (RFQ) CDM will prepare a draft RFQ for comment by the City. A workshop will be held with appropriate City staff from the Utilities and Procurement Depa~ h~ents and City Attorney's Office to define the RFQ response requirements and ranking/ short-listing criteria. CDM will -- prepare a schedule outlining the design-build contractor procurement process and critical tasP, s and target dates for City review at the workshop. The final RFQ will contain at least six sections, including: · Introduction and General Information. · General Description of the Project. · Procurement Process and Schedule. · Vendor Qualification Requirements. · Business and Financial Questionnaire. · Format of the Qualifications Statements. Copies of the RFQ will be provided to the City for review and distribution to interested parties. CDM will prepare a draft advertisement for use by the City in advertising the availability of the RFQ. CDM will also develop a list of appropriate trade journals in which the City may place the advertisement. CDM will conduct pre-qualification meeting with potential contractors to present the project and respond to comments. TASK 3 EVALUATE RFQ RESPONSES CDM will evaluate contractor's qualification statements with City staff and will prepare a letter report indicating the results of the evaluation. RFQ respondents will be ranked from top to bottom based on a well-defined submittal rating criteria, or a short-list of equally-qualified respondents will be prepared, depending on the approach preferred by the City. The report will be reviewed by City staff prior to presentation to the City Commission, Lf required. ~ A-2 N:\0000\bs7281 Exit A Rev.doc-3/18/2003 TASK 4 PREPARE REQUEST FOR PROPOSALS (RFP) CDM will prepare a draft RFP for review and comment by City staff. The RFP will contain six major sections: · Information to Proposers. · Project Description. · Process Design Basis and Design Criteria. · Contract Documents and Bid Form. · Proposal Requirements. · Proposal Evaluation and Scoring Criteria (Proposal Price and Qualifications/Experience Grading). CDM will work with the project team, attend up to five (5) RFP review meetings, and prepare ten (10) copies of the draft and final RFP for City review and comment. The RFP will incorporate information related to the existing plant design, the work of prior engineering studies by CDM and other consultants, and regulatory constraints. The RFP will define critical success factors and project constraints which all proposals must meet. The RFP may allow alternate plant expansion design to be proposed by design-build contractors for consideration. Subtask 4.1 Establish Process Design Basis and;. Design Criteria ~ CDM will prepare a Basis of Design Report (BODR) to determine the plant expansion design criteria and construction constraints, desired physical design features of the water treatment facility, and project requirements. The BODR will summarize the information available from prior engineering alternatives analyses previously prepared by CDM and other consultants for the City, including the following: · Water Use Permitting application, requests for additional information, and responses. · Evaluation of alternatives for expansion of the West Water Treatment Plant (WTP). · Feasibility and siting analysis for Upper Floridan Aquifer wells and raw water transmission force mains. · Evaluation of finished water distribution hydraulic analyses for the East and West WTPs. · Evaluation and design of improvements required to expand the sewage pumping and transmission system for the West WTP and surrounding areas (to ensure adequate emergency and/or planned concentrate conveyance when the existing deep well is out of service). · Evaluation of potential plant capacity increase associated with replacement of existing membrane elements. The BODR will identify major system features and permitting conditions necessary for a complete and fully-functioning nanofiltration facihty expansion. The BODR will present reasonable estimates of system cost, schedules, for system completion and recommendations for Contract Documents preparation. The water treatment process design will incorporate established technology to address raw water quality at initial and long-term future operating conditions. Permeate quality will be ~ A-3 N:\0000\bs~281 ~ A l~v.doc-3/18/2003 based on meeting or exceeding standards, as well as responding to any additional concerns identified by the City. CDM shall work with City staff to jointly develop a plan to satisfy water quality goals within the water distribution system. CDM shall develop preliminary dvil engineering design, mechanical process layout, and process schematic drawings, including the site survey, geotechnical engineering, site development, stormwater control, Palm Beach County site plan review and utilities accommodation. The effort to develop the BODR will include the following activities: 1. Review existing data and information, including but not limited to, existing and ongoing engineering reports and evaluations, and the Water Use Permit Application and supporting documentation. 2. Develop the basis of final design criteria, performance standards and summaries of materials of construction and other City standards to be used. 3. Determine requirements for surveying and geotechnical investigations to be performed by the contractor. 4. Prepare conceptual facilities layout on a site pian for planning and design purposes, ~ including location of new structures, buildings, piping, equipment and facilities, and a site drainage plan. Up to three layouts with elevations shall be prepared for the draft report for evaluation and input by City staff. 5. Prepare conceptual arrangement drawings of the water treatment plant expansion layout and related facilities and structures. 6. Develop preliminary process instrumentation and control diagrams and electrical single line diagrams, including tie-ins to the plant's existing SCADA system. 7. Determine permitting and project approval requirements which must be undertaken by the design-build firm. 8. Prepare preliminary cost estimate for the proposed facilities. 9. CDM will prepare and submit conceptual site plan drawings to Palm Beach County for preliminary site plan review and approval, and will include any project specific requirements, such as setbacks, landscaping, noise and/or odor control and architectural requirements in the BODR. 10. Summarize results in a BODR, including recommendations for facilities to be incorporated into the final design. Ten copies of the BODR shall be furnished to the City for review and approval. A review meeting shall be held with City staff to receive comments. CDM shall incorporate staff comments into the final document, and deliver ten copies of the final document. The final BODR shall serve as the basis for final design. ~ A-4 N:\0000\bs7281 F. xh A Rev.doc-3/18/2003 CDM will review the BODR with City staff and others, as directed by the City, to determine any special design requirements that might be requested for the facility. Using existing information and CDM's experience, we will confirm prehminary site constraints as a guideline for proposers in the RFP. Subtask 4.2 Development of Draft Contract Documents CDM will assist the City in developing draft Contract Documents for the facility design and construction contractor to be included in the RFP, and will provide ten (10) copies to the City for review and comment. CDM will revise the draft Contract Documents as agreed to and redistribute for final approval. Subtask 4.3 Finalize RFP CDM will distribute copies of the draft RFP to the City to receive and incorporate comments and recirculate as a second draft, incorporating additional comments if necessary. Subtask 4.4 Issue RFP CDM will reproduce copies of the RFP as requirers. [or distribution to the top-ranked, pre- -- qualified contractor(s), plus ten copies for use by the City. CDM will conduct a pre-proposal -' conference, address questions from contractors, and prepare and issue addenda as necessary. TASK 5 REVIEW CONTRACTOR PROPOSAL RESPONSES CDM will assist the City staff in evaluating the contractor responses to the RFP, including: · Review of technical proposals (base proposal and alternates). · General arrangements. · P&IDs. · Performance and cost guarantees. · Materials of construction. · Review responses to contract documents. Identify and summarize similarities and discrepancies between contractor proposals. CDM shall provide a letter highlighting our opinion of the above from the contractor(s). TASK 6 CONTRACT NEGOTIATIONS & AWARD CDM will assist the City in negotiations with the top-ranked, qualified contractor(s). These negotiations will include preparing a common Construction Contract and proposal form for pricing by qualified contractors. Activities under this task will include participation at negotiation sessions, and making revisions to the contract documents based upon negotiations. CDM shall participate in up to three (3) meetings with the City and contractor(s) to negotiate final terms and conditions and contract price of the Construction Contract for detailed design, procurement, and construction of the West WTP expansion. N: \0000\b$~281 Exh A Rev.doc-3/18/2003 SCHEDULE OF CDM MILESTONES/DELIVERABLES MIl ,E,qTONE / DELIVERABLE SCHEDULE Task 1: Assist with Membrane Replacement A. Submit technical memorandum outlining 4 weeks from authorization membrane replacement approach B. Prepare permit application 3 weeks from receipt of written direction to proceed with permitting C. Deliver technical specifications and sketches 4 weeks from receipt of written direction to to the City for use in bidding proceed with design documents D. Technical assistance and contract Concurrent with contractor's construction management during construction schedule E. Project certification 1 week from construction and testing completion Task 2: Prepare Request for Qualification A. Draft RFQ Within 6 weeks of authorization B. Conduct workshop with City Staff Within 2 weeks of receipt of City comments on Draft RFQ C. Final RFQ Within 4 weeks of RFQ workshop Task 3: Evaluate RFC) Responses -' ~ A. RFQ Responses Evaluation Report Within 3 weeks of City furnishing RFQ responses to CDM Task 4: Prepare Request for Provosals A. Basis of Design Workshop Within 3 weeks of Authorization B. Draft BODR Within 16 weeks of workshop C. Draft Contract Documents for RFP Within 16 weeks of workshop D. Final RFP (BODR and Contract Documents) Within 6 week of receipt of comprehensive final comments on Draft BODR and Contract Documents from City E. Issue RFP to Design-Build Contractor Within I week of direction by the City Task 5: Review of Proposal Response A. Evaluation of RFP Responses Within 4 weeks of delivery of RFP responses to CDM by the City Task 6: Contractor Negotiations and Award A. Meeting attendance As required ~ A-6 N:\0000\bs7281 Exh A Rev.doc-3/18/2003 RESPONSIBILITIES OF THE C1TY 1. Designate a Project Manager to serve as the single point of contact representing the City in all project matters which affect CDM and completion of work anticipated under this Scope of Services. 2. Provide existing related project data and documents, including record drawings of existing facilities, not already available to CDM. 3. Review and comment on the BODR docum ,ents for the design-build project. 4. Participate in project review meetings. 5. Assist in discussions with regulatory agencies and submittal of permits. 6. Attend regular (monthly) progress meetings. 7. Submittal of documents to the various the City depmbatents and boards as required for review prior to bidding. 8. Arrange for site access as required to complete the work. -- 9. Acquire property, fights-of-way, and/or easements as required to complete the project in a timely manner. 10. Attend public meetings and hearings as required to complete the project. 11. Provide a copy of design standards or preferences. 12. Provide standard formats for deliverables. ~ A-7 N:\0000\bs7281 Exh A Rev.doc-3/18/2003 EXPIIBIT B PROJECT BUDGET PROJECT: City of Boynton Beach West Water Treatment Plant Expansion Design Criteria Professional Services CONTRACT REFERENCE: Agreement for General Engineering Consulting Services between City of Boynton Beach, Florida and Camp Dresser & Mc. Kee Inc. dated October 4, 2000. Labor Cate._~g_q~ Hours Tot~ Project Director 189 Technical Specialist 322 Senior Engineer/Scientist 353 Professional II 681 Clerical 46.2. 2,007 $187 005 TOTAL LABOR COST OTHER DIRECT COSTS $8,000 OUTSiDE PROFESSIONAL SERVICES $55,000 Globaltech, Inc. (including 10% Mark-up) TOTAL ESTIMATED COST $250,005 TOTAL UPPER LIMIT COST $250,000 0000-DFHNB-MD. DFHBB B-1 N:\OOOO\b$7281 Ex.h B.doe\03/18/03 V.-CONSENT AGENDA 'TEf4 C.3. 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 l, 2003 March 17, 2003 (Noon.) [] June 3, 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 co 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 Task Order #01-07 with Utilities General Engineering Consultants Metcalf & Eddy, Inc. in an amount not to exceed $70,092.00 with a $7,500.00 project contingency for engineering services for the preparation of the Utilities Department Vulnerability Assessment (VA) to comply with requirements of the United States Environmental Protection Agency (EPA). EXPLANATION: The Purpose of conducting a VA is to identify components of our utility system that may be vulnerable to acts of vandalism or terrorism that can lead to a loss of utility service. This is a recent mandate of the EPA. VA's will typically consist of an inventory of our system's critical components (source water, treatment plants, pump stations, distribution and collection piping, storage, power needs, offices, and communications including radios, telemetry, and computers); identification of potential points of access to these components; potential methods an adversary could use to cause a loss of service; hiring and firing policies; sensitive document and ~e protection methods; and degree of public awareness. Areas appearing to be at risk are identified, and actions are prioritized to minimize those risks. PROGRAM IMPACT: This Task Order will provide a security assessment of our current utility facilities, and make recommendations to improve and better protect those facilities. S:\BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The cost of this Task Order is $70,092.00 with a $7,500.00 project contingency. Funds are available in Utilities Renewal and Replacement Account #401-5000-590- 96-10 WTR 113. ALTERNATIVES: Realisticly none, due to the deadline approaching for the completion of the Vulnerability Assessment. The depth of detail and the methodology to be used will be cumbersome for staff even with the use of a consultant. Department Head'~Signature Ci~ Manager's Signature -- ~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC Memorandum Utilities Department To: Dale Sugerman, Assistant City Manager From: Mark Bobich, Environmental Coordinator & Safety Official Date: February 7, 2003 Subject: Vulnerability Assessment Requirement Following the events of September 11, 2001 the Environmental Protection Agency (EPA) established a committment to improve the safety and secudty of the nation's water supply. The Public Health, Security, and Bioterrodsm Preparedness and Response Act ("Bioterrodsm Act") was signed into law in June of 2002, and includes provisions to help safeguard the nation's ddnking water supply against terrorist and other intentional acts. The legislation requires drinking water systems to complete a Vulnerability Assessment (VA) and prepare an Emergency Response Plan (ERP) within deadlines based upon population served. The City of Boynton Beach serves approximately 90,000 people, and our deadline to conduct a VA is December 31, 2003. We must move forward ., immediately to comply with these requirements. We will look at our entire utility system, including our wastewater collection and pumping components, as these are also vulnerable to loss of service from the intentional actions of others. The purpose of conducting a VA is to identify components of our utility system that may be vulnerable to acts of vandalism or terrorism that can lead to a loss of utility service. Every public or pdvate ddnking water system serving over 3,300 persons must comply. This is a recent mandate of the EPA. VA's will typically consist of an inventory of our system's critical components (source water, treatment plants, pump stations, distribution and collection piping, storage, power needs, offices, and communications including radios, telemetry, and computers); identification of potential points of access to these components; potential methods an adversary could use to cause a loss of service; hiring and firing policies; sensitive document and file protection methods; and degree of public awareness. Areas appearing to be at risk are identified, and actions are prioritized to minimize those risks. Six months after completion of the VA, an Emergency Response Plan (ERP) must be prepared, which details the course of action to be taken in the event of an emergency. Metcalf & Eddy, Inc. (M&E) has provided us with Task Order ~31-07 to address our VA requirements. M&E will perform the work with the participation of their sister company, Daniel, Mann, Johnson, Mendenhall, Holmes, & Narver (DMJMH+N). This partnership in which M&E provides water and wastewater system expertise, and DMJMH+N brings extensive experience in the hard security and cyber secudty fields, has worked very successfully in previous similar projects. M&E stood out among our consultants because of their experience with other Florida utility system VA's. xc: WRLT TASK ORDER #01-07 March 19, 2003 FEE PROPOSAL AND SCOPE OF SERVICES CITY OF BOYNTON BEACH UTILITIES SYSTEM VULNERABILITY ASSESSMENT Introduction The proposed work will be conducted based on the Risk Assessment Methodology for Water Utilities developed at Sandia National Laboratories, to meet the requirements of the American Water Works Association Research Foundation (AWWARF) and the United States Environmental Protection Agency (EPA). The Sandia Methodology addresses the various tasks and subtasks identified in the program established by the EPA for large drinking water vulnerability assessment (VA) grants, and is likely to become the standard for the water works industry. Concurrent to the facility characterization proc~s for the water system, representative facilities in the wastewater collection and pumping system will also be evaluated. The representative facilities consist of those identified as 'critical' during City interviews. Back~round Following the events of September 11,2001 the EPA received a supplemental appropriation to improve the safety and security of the Nation's water supply. The funding is intended to reduce the vulnerability of water utilities to terrorists attacks and to enhance their security and ability to respond to emergency situations. The EPA solicited grant applications to encourage and assist large, publicly-owned drinking water systems to perform VAs of their facilities. The EPA's objective is to help make drinking water systems across the United States as safe as possible within the shortest possible time frame. All grant applications from public water utilities that serve populations over 100,000 were considered for award. The Public Health, Security, and Bioterrorism Preparedness and Response Act ("Bioterrorism Act"), signed into law in June of 2002, includes provisions to help safeguard the nation's public drinking water systems against terrorist and other intentional acts. This new legislation delineates community drinking water systems according to population served, and lists deadlines for vulnerability assessments and emergency response plans. The completion deadlines for systems serving between 50,000 and 99,999 people are December 31, 2003 for the vulnerability assessment and June 30, 2004 for the emergency response plan. The City of Boynton Beach's (City) public water system serves approximately 90,000 people. As part of the work proposed herein, M&E will continue to monitor developments with respect to EPA funding, and inform the City of these developments. An optional task has been included to assist the City in the preparation of the grant application. Overview The City has proposed to conduct a VA, evaluate various levels of security enhancements, and assess alternatives for implementation of cost effective security improvements and/or consequence mitigation measures for the utilities system - with a primary focus on the water system. The overall approach to the VA is as follows. · Planning. Review the City's overall utility mission and develop and evaluate critical mission objectives. Mission objectives are then ranked and used to prioritize the City's facilities. · Threat assessment. Identify what and who the City is protecting against. · Facility characterization. Identify the critical assets in the prioritized facilities. Create a consequence table that allows the most critical assets to be identified. -- _~ · System effectiveness evaluation. Consider adversary strategies and worst-case scenarios to evaluate the current system of asset protection. · Risk management. Calculate the current level of risk, and if the risk is considered too high, propose measures to reduce the risk. The calculated risk level varies in direct proportion to the probability of attack and the consequences of an attack, and in inverse proportion to the effectiveness of existing asset protection systems. Since the City cannot control the probability of attack, it will ultimately focus its efforts on the factors it can control - the effectiveness of protection systems, and the mitigation of consequences. Each phase of the work is outlined in further detail below and is based on Sandia Methodology. Note that the evaluation of the wastewater facilities will be conducted during the facility characterization phase, with the intent of generating security-related recommendations for representative facilities, and will not follow the overall Sandia process used for water facilities. It is expected that findings with respect to wastewater may be helpful in addressing probable future regulatory requirements in this area, although the final form of such requirements is not yet known. It is emphasized that the process must be conducted in a highly sequential manner, since the later phases cannot be properly performed unless prior phases have been completed and consensus developed with respect to findings. Moreover, the active and sustained participation on the City side of both "decision-makers" such as utility directors, and "subject matter experts" such as key operations and maintenance staff, is essential to the process. As evident from the outline provided above, such individuals are needed as part 2 of the Project Team to prioritize and decide key issues involving the mission and assets of the water utility. Prior to initiating the first phase of the project, the list of Project Team participants from the City will need to be defined. Concerning the participation of City personnel from outside the utility, representatives of fire and police departments will be consulted briefly with respect to response-related issues. The participation of other non-utility personnel is not needed for successful execution of the work. SCOPE OF SERVICES 1.0 Project Management Project Management activities comprise contract administration, coordination of project staff, monitoring of progress and project costs throughout the project duration. 2.0 Planning and Threat Assessment 2.1 Phase 1 - Planning Planning is the first phase in the VA process, and will consist of the following subtasks. 2.1.1 Define mission objectives The first part of planning is to understand the City's overall utility mission and mission objectives. For example, a prioritized list of mission objectives may be to maintain adequate pressure for fire protection and other public safety uses, maintain adequate volumetric water supply, maintain reasonable costs for water supply, serve critical customers such as hospitals, and maintain potable-quality water. 2.1.2 Define and rank criteria Based on the mission objectives, criteria will be defined such as capacity, geographic extent, critical customers, and quality. The criteria will then be ranked using a process of pair-wise comparison. 2.1.3 Rank facilities The City's water utility facilities will then be ranked using the criteria from the previous subtask, and the result will be a facility that will stand out as most important when all mission areas are considered. 3 2.1.4 Prepare Summary Memorandum No. 1 The product of this subtask will be a concise memorandum to summarize the work conducted under the planning phase. This memorandum will address the team selection and the agreed-upon mission objectives, prioritized criteria, and prioritized facilities. The memorandum will also identify the facilities selected for subsequent analysis under this scope of work. 2.1.5 Planning phase approach and importance The prioritized mission objectives, prioritized criteria, and facility ranking will be defined through a full-day, workshop-type meeting involving senior management fi.om the City's water utility. M&E will suggest the type of attendees who may be needed, and will also provide review materials to attendees before this meeting to allow advance consideration of the issues and thereby facilitate productive use of the limited workshop time. An introductory overview of the VA process will also be provided at this first workshop. This workshop will be one day in duration. Since available funding may not allow s~bsequent analysis of every facility, M&E's subsequent efforts under this scope of work will be focused on representative facilities selected fi.om the prioritized list of facilities. The planning phase will result in the selection of representative facilities for detailed analysis. 2.2 Phase 2 - Threat assessment Threat assessment is the second phase in the VA process, and will consist of the following subtasks. 2.2.1 Define design basis threat The design basis threat (DBT) is the portion of the threat spectrum that the utility will try to protect against. The DBT must be considered and defined by management before a detailed assessment is initiated, to avoid time and resources being wasted on the collection of data not useful for the analysis. The subsequent subtasks of the VA rely heavily on the clear definition of the DBT. For example, the consequences of an event, and the assessment of effectiveness for the existing asset protection systems, depend on the capabilities that are assigned to an adversary. The likelihood of attack is also evaluated based on the DBT. Examples of a DBT include both outsiders (vandalism, demonstrators, activists, extremists, terrorists, criminals, and computer hackers) and insiders (disgruntled employees, psychotics, criminals, and terrorists). The different categories of DBT are likely to use different approaches, have different levels of knowledge concerning the utility's systems and operations, and have different objectives. While the process of discussing and evaluating the various DBTs is valuable to the utility, M&E assumes that the City's primary reason for conducting the VA is to assess vulnerabilities to a possible terrorist threat (based on EPA requirements). Accordingly, this proposed scope of work allocates only a limited amount of time to the process of defining the DBT. This process will include a review and discussion of the various classes of DBT and the different attributes ("attributes" include probable number of adversaries, tactics, weapons, technical skills and knowledge, financial resources, potential for collusion with an insider, and so on), but will then focus on the DBT involving a terrorist adversary. It should also be noted that, while the characterizations of selected representative facilities will focus on the DBT of a terrorist adversary, the ultimate findings in the areas of asset protection and consequence mitigation may have value for lesser types of DBTs as well. 2.2.2 Evaluate probability of attack While the Sandia methodology can involve a detailed assessment concerning the probability of attack, M&E assumes that the City does not wish to discriminate on this basis. While law enforcement agencies, intelligence agencies, and other sources may be able to provide specific indications concerning the probability of attack, the process of assigning probability is still a highly uncertain exercise. A simplifying assumption in this case is to assume that an attack will occur at some time, and then proceed with the process of facility characterization. It is important to note that this assumption affects only the absolute level of risk that is ultimately calculated, and not the relative levels of risk among various critical assets. Given that the City has committed itself to assessing vulnerabilities and risk, it is the relative risk levels that have importance, since these relative levels will guide decisions concerning asset protection and consequence mitigation measures. 2.2.3 Prepare Summary Memorandum No. 2 The product of this subtask will be a concise memorandum to summarize the work conducted and provide details concerning the nature of the DBT to be considered during subsequent phases of the project. 2.2.4 I)BT phase approach and importance It is assumed that the DBT will be the terrorist adversary as noted above. 5 The available funding will not allow detailed analysis of facilities and assets for every class of DBT, and accordingly M&E's subsequent efforts under this scope of work will be focused on the terrorist adversary as a DBT. However, a more general evaluation of other classes of DBT will be provided in the project deliverable. It is assumed that the analysis will focus on relative risk levels, and attack probability will not be used as a discriminating factor, as noted above. 3.0 Facility Characterization and System Effectiveness Evaluation 3.1 Phase 3 - Facility characterization Facility characterization is the third phase in the VA process, and will consist of the following subtasks. 3.1.1 Identify critical assets Once the important facilities have been identified, and the DBT defined, the next step involves identifying the critical assets in each facility selected for evaluation. Critical assets are those which, alone or'in combination with other assets, could be '" ~: targeted to cause the most serious consequences. Examples of critical assets could include such assets as pipeline and pumping facilities, control systems, quality of source or treated water, and key personnel. Site specific fault trees will be developed to include the important mission objectives, and related critical assets for each facility. This subtask requires detailed knowledge concerning the equipment and operation of the specific facility being evaluated, and the participation of knowledgeable personnel from the City ("subject matter experts") will be very important to the process at this stage. The Project Team will need to define the scope of the analysis at each facility, with respect to such items as electrical power, SCAD& and piping systems. System process diagrams will be developed to understand single points of failure, the interrelationship of the different processes, and the relationship of the SCADA system. It will also be important to understand how a process problem can be overcome by making operational changes to reduce a possible consequence. This subtask will require a half-day, workshop-type meeting involving selected knowledgeable personnel from the City's water utility. M&E will provide review materials to attendees before this meeting, and request certain materials such as facility site plans and process flow schematics to be made available at the workshop by attendees from the utility. This type of advance preparation will 6 allow a more cOmplete consideration of the issues and facilitate productive use of the limited workshop time. 3.1.2 Rank critical assets by consequence of loss Critical assets are then ranked according to the consequences that could occur if an adversary is successful in attacking them. Examples of consequence include economic loss, duration of loss, loss of fire protection, number of users impacted, illnesses, and deaths. This process allows the critical assets to be ordered on the basis of consequence value, so that subsequent analysis focuses on the most important assets first. It is anticipated that this subtask will require a half-day, workshop-type meeting involving selected knowledgeable personnel from the City. The intention will be to accomplish this work on the same day as Subtask 3.1.1 above, but an additional half-day meeting with the City Project Manager may be required to complete the work. M&E will provide review materials to attendees before this meeting, and request certain facility and operational information to be made available in advance of the workshop by attendees from the City. This type of advance preparation will allow a more complete consideration of the issues and facilitate productive use of the limited workshop time. ' 3.1.3 Evaluate existing physical protection systems Existing security systems must be understood so that the subsequent phase of the analysis can properly evaluate the effectiveness of existing systems with respect to the DBT defined for the VA process. An effective security system will feature elements of detection (door sensors, cameras, access control), delay ( fences, walls, doors), and response (guards, local law enforcement). This subtask will require interviews with knowledgeable personnel, visits to the facilities themselves to perform visual assessment of the security features separating facility boundaries from critical assets, and review of documentation with respect to policies and procedures for security personnel and access by visitors and contractors. Design and operational data for existing security systems, security plans, and emergency response plans will also be requested. Information will be collected and recorded on checklists, site plans, and schematics. Photographs will be taken for the purpose of recording observations made in the field. Field evaluation will include, as applicable for the selected representative facilities, existing perimeter barriers such as fences, doors, and building walls; detection equipment such as alarms and cameras; traffic circulation, access points, signage, and parking locations; utility routes and access; terrain and lighting; fire suppression equipment; normal and emergency lighting; shift changes and time clock stations; power disconnect switches; and hazardous materials storage. The primary focus of the on-site reviews will be to identify assets that may be vulnerable to disruption, and review existing security procedures and physical barriers. Any available information concerning the past performance of existing protection systems will also be requested. 3.1.4 Prepare Summary Memorandum No. 3 The product of this subtask will be a concise memorandum to summarize the work conducted under the facility characterization phase. This memorandum will summarize the critical assets, prioritized on the basis of consequence of loss, and will outline the evaluation of existing physical protection systems for asset protection. 3.1.5 Facility characterization phase approach and importance As noted above, it is anticipated that this phase will require a full-day workshop- type meeting involving knowledgeable people from the Utility, possibly an additional half-day meeting with the City's Project Manager, and field visits to the selected representative facilities. M&E~will provide review materials to attendees -' g before these meetings to allow advance consideration of the issues, and thereby facilitate productive use of the limited workshop time. The facility characterization phase will result in the identification of critical assets, and the description of existing physical protection systems, to serve as a basis for the subsequent evaluation of system effectiveness and calculation of risk to the assets. 3.2 Phase 4 - System effectiveness evaluation For a system to be effective, there must be awareness of an attack (detection), and a sufficient slowing of adversary progress to the targets (delay) to allow the response force enough time to interrupt or stop the adversary (response). This phase requires consideration of a variety of paths that an adversary could choose to gain access to a critical asset. Worst-case paths are evaluated, and a scenario is developed to allow analysis of system effectiveness (detection, delay, response) along such paths. Vulnerabilities along that path are those that would logically be the first to receive upgrades if the risk is ultimately calculated to be too high. System effectiveness evaluation is the fourth phase in the VA process, and will consist of the following subtasks. 8 3.2.1 Identify most vulnerable strategy By discussion and consensus, with consideration of security weaknesses and vulnerable system states (for example, the middle of the night, or on Holidays), and with consideration of the worst consequences an adversary might cause by having access to the critical asset, the most vulnerable strategy will be assessed. This would equate to the worst strategy against the critical asset at the priority facility, since therefore all other strategies would have lower risks. 3.2.2 Derive most vulnerable scenario In this subtask, the Project Team will consider the variety of paths that an adversary could choose under the most vulnerable scenario defined in the previous subtask. This will require consideration of all paths into the facility, from offsite to the highest consequence critical asset. The worst-case path will then be selected, and a scenario developed to allow analysis of system effectiveness (detection, delay, response) along that single worst-case path. 3.2.3 Identify system vulnerabilities exploited by adversary Once the most vulnerable scenario is defined, the next step in estimating the -' protection system effectiveness involves listing and evaluating the features of the system that provide detection, delay, and response for the selected scenario. In this case, the protection system includes both the physical elements such as sensors, locks, and law enforcement that could provide for detection, delay, and response, as well as operational elements that could provide a second tier defense by mitigating the effect of an attack. Examples of such operational elements could include an emergency interconnect with a neighboring utility, or other system redundancy that would allow the utility to continue providing a level of water service if its high service pumps were disabled. If neither the physical nor the operational systems detect an attack, then this clearly points to a weakness in the system. With respect to the most vulnerable scenario identified in the previous subtask, the specific vulnerabilities exploited by the adversary will be identified. The identification of specific vulnerabilities will allow a value to be assigned concerning the effectiveness of the existing system, and will allow upgrades to be considered for both the physical protection system and the mitigation system. 3.2.4 Prepare Summary Memorandum No. 4 The product of this subtask will be a concise memorandum to summarize the work conducted under the system effectiveness evaluation phase. This memorandum will briefly summarize system vulnerabilities for the critical assets considered at the selected representative facilities. 9 3.2.5 System effectiveness evaluation phase approach and importance It is anticipated that this phase may involve additional field visits to the selected representative facilities. The system effectiveness evaluation phase will result in judgments concerning the effectiveness of existing physical and operational systems, and will provide a basis for specific upgrades to be considered in the subsequent phase. 4.0 Phase 5 - Risk Management Risk management is the fifth phase in the VA process, and will consist of the following subtasks. 4.1 Calculate risk levels The Sandia VA methodology provides a mechanism for assigning numerical risk values to critical assets. The calculated risk level varies in direct proportion to the probability of attack and the consequences of an attack, and in inverse proportion to the effectiveness of existing asset protection systems. Previous subtasks will have facilitated the assessment of values for probability of attack, consequences of an attack, and effectiveness of the existing physical protection and mitigation measures for the critical assets analyzed at the selected representative facilities. In this subtask, risk values will be calculated for the applicable critical assets and a ranking established based on relative risk levels among assets. 4.2 Identify possible upgrades to physical and operational security Since the City cannot control the probability of attack, it will ultimately focus its efforts on the factors it can control - the effectiveness of protection systems, and the mitigation of consequences. In this subtask, alternatives will be developed for upgrades to physical and operational security for the protection of critical assets identified as high-risk Alternatives will be presented in table form, and planning-level cost estimates will be provided for the identified upgrades. Based on the recommended upgrades, residual risk to the critical assets will be evaluated to identify the level of risk reduction that could be expected through the implementation of the physical and/or operational system upgrades. lO 4.3 Prepare Summary Memorandum No. 5 The product of this subtask will be a concise memorandum to summarize the work conducted under the risk management phase. This memorandum will provide a representative summary of calculated risk values, alternative security upgrades, and residual risk values for critical assets considered at the selected representative facilities. 4.4 Risk management phase approach and importance It is anticipated that this phase will require a half-day meeting with the City's Project Manager for the preliminary presentation of findings and alternative upgrades. The City's Project Manager should then obtain comments as necessary from other Utility representatives via the circulation of the memorandum for this task. The risk management phase will result in calculated risk values for applicable critical assets, identified alternatives for upgrading the physical and operational security system, and re-calculated risk values for the subject assets based on the implementation of the identified upgrades. 5.0 Final Report This last phase of the project will consist of the preparation of a final report that will document each of the previous phases and present the upgrades identified in the Risk Management phase. The report will be an expansion of the summary memorandums prepared under the previous subtasks, and will address comments and revisions from the City concerning the previously submitted memorandums. The report will be structured so as to address the EPA requirements. The report structure will be as outlined below in Table 1. TABLE 1. STRUCTURE AND CONTENTS OF FINAL REPORT CHAPTER CONTENTS Chapter 1 - · Introductory and background information on VA process Introduction · Reasons why VA was conducted · City requirements · Scope and organization of report Chapter 2 - · Planning and team selection Planning · Mission statement and objectives · Comparison of criteria · Facility prioritization · Risk reduction goals Chapter 3 - · Design basis threat Threat assessment · Justification for probability of attack 11 TABLE 1. STRUCTURE AND CONTENTS OF FINAL REPORT CHAPTER CONTENTS Chapter 4 - · System description Facility · Site-specific fault trees characterization · Existing security policy, procedures, and physical security · Consequence table · Consequence values for critical assets Chapter 5 - · Adversary strategies and scenarios System effectiveness · System effectiveness for scenarios evaluation · Physical protection system and operating system vulnerabilities Chapter 6 - · Risk analysis Risk assessmen_t · Relative risks for critical assets at selected representative facilities Chapter 7 - · Alternatives for upgrades to physical security and consequence Risk management mitigation · Estimate of risks for proposed actions · Summary of results 6.0 M&E Internal Review As part of our internal review quality control program, M&E will provide for a Technical Advisory Team (TAT) review upon completi0n-ofthe draft final report. 7.0 Grant Application Assistance (optional task) As part of the work proposed herein, M&E will continue to monitor developments with respect to EPA funding, and inform the City of these developments. A task has been included to assist the City in the preparation of the grant application. It is assumed that the grant application will be similar to those of 'large users'. To complete this task, a $2,500 allowance has been allocated and would only be used upon written authorization by the City to proceed with this task. DELIVERABLES Deliverables for the proposed work are listed below. A. Summary Memorandum for the Planning phase B. Summary Memorandum for the Threat assessment phase C. Summary Memorandum for the Facility characterization phase D. Summary Memorandum for the System effectiveness evaluation phase E. Summary Memorandum for the Risk management phase F. Final Report for project The summary memorandums will be submitted in draft form only. The City personnel receiving the memorandums will be requested to communicate any comments or desired 12 revisions to these memorandums promptly, since each new phase of the project relies heavily on the previous phase and consensus must be reached on a variety of issues before new phases proceed. Comments and intended revisions to the memorandums will be documented using addendums. These memorandums will be used as a basis for the final report. As stated above, the final report will be an expansion of the draft summary memorandum. The final report will be provided in draft form for review and comment by the City. M&E recommends that the City consult its legal counsel concerning the desired form and handling of the final report submittal. Since the document will contain sensitive information concerning the water utility's vulnerabilities, M&E strongly recommends that the report be closely protected and access to its contents be restricted. In general, for the entire project, all sensitive working papers and documents should be stored securely, the number of copies should be limited. PROJECT SCHEDULE The work under this scope can be expected to be a five month duration. A detailed schedule will be provided following receipt of the work authorization, when a definitive starting date can be established. Nevertheless, the EPA requires that the completion be by December 31, 2003. COMPENSATION The following table provides an estimate of staffhours and associated costs for the proposed scope of work. The project cost under this proposed scope of work is estimated at $67,592 with an additional $2,500 in optional activities. Item Description Fee 1.0 Project Management $ 5,975 2.0 Planning and Threat Assessment $10,994 3.0 Facility Characterization and SEE $22,497 4.0 Risk Management $10,693 5.0 Final Report and Presentation $14,681 6.0 M&E TAT Final Report $ 2,752 Total Authorized to M&E $67,592 7.0 Grant Application Allowance (optional) $ 2,500 Compensation for work in this proposal will be based on a lump sum method of payment, to be invoiced monthly on a percent complete basis for items 1-6. Item 7 would only be used with prior written permission from the Assistant City Manager or his designee for those items outlined in this proposal. M&E's current contract billing rates would be used for this allowance. 13 BASIS OF ESTIMATE The following assumptions apply to this scope of work. A. As noted previously, it will be neither possible nor necessary to evaluate every asset at every facility. The proposed methodology will focus on selection and assessment of the highest priority facilities and assets, and findings with respect to security upgrades will in general be transferable to other facilities and assets not considered. The selection of representative facilities and critical assets for detailed evaluation will be conducted through discussion and consensus with the City's Project Manager. Follow-on analyses can be performed on lower priority assets and facilities, subject to the constraints of schedule and funding. To some degree, consolidation of memorandums can also be used to allow analysis of an expanded facility/asset list, and this approach will be reviewed with the City during the planning phase of this project. B. Evaluation of wastewater facilities will be conducted during the facility characterization phase, with the intent of generating security-related recommendations for representative facilities, and will not follow the overall Sandia process used for water facilities. It is expected that findings with respect to wastewater may be helpful in addressing probable future regulatory requirements in this area, although the final form ofs~Ch requirements is not yet known. -' -~ C. The VA process is highly sequential, and the later phases cannot be properly performed unless prior phases have been completed and consensus developed with respect to findings. Successful and timely project execution will rely on active and sustained participation by both "decision-makers" and "subject matter experts" from the City. 14 APPROVED BY CITY OF BOYNTON BEACH, FLORIDA BY: City Manager Date: Approved as to Form: City Attorney SUBMITTED BY Metcalf& Eddy, Inc. ~ By: '-~ Mark S. Blanchard;Vice President Date: 5/~ ~ JO3 15 RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A TASK ORDER NO. 01-07 FOR METCALF & EDDY, IN THE AMOUNT NOT TO EXCEED $70,092.00 FOR ENGINEERING SERVICES FOR THE PREPARATION OF THE UTILITIES DEPARTMENT VULNERABILITY ASSESSMENT (VA) TO COMPLY WITH REQUIREMENTS OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the purpose of conducting a VA is to identify components of our utility that may be vulnerable to acts of vandalism or terrorism that can lead to a loss of service, which is a recent mandate of the EPA; and WItEREAS, the City Commission upon recommendation of staff, deems it to approve Task Order 01-07 with Utilities General Engineering consultants Eddy, Inc., in an mount not to exceed $70,092, for the preparation of the Utilities Vulnerability Assessment (VA) to comply with requirements of the United States Protection Agency (EPA). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Commission of the City of Boynton Beach, Florida does authorize and direct execution of Task Order No. 01-07 for Metcalf & Eddy, in an to exceed $70,092.00. Section 3. This Resolution shall become effective immediately Upon passage. reements\Task - Change Orders\Task Order - Metcalf & Eddy - 01-07.doc PASSED AND ADOPTED this ~ day of April, 2003. CITY OF BOYNTON BEACH, FLOR1DA Mayor Vice Mayor Commissioner Commissioner Commissioner ,T: Clerk ;:\CA\RESO~Agreements\Task - Change Orders\Task Order - Metcalf & Eddy - 01-07.doc V.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM C.4. 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 ~r~ 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 RECOMMENDATION: Resolution authorizing the release of a cash bond of $19,629.50 to Contractors Management Services, Inc. for the project known as High Ridge (Shell Buildings "A" and "B"). EXPLANATION: On February 14, 2003, the Building Division sent to the Finance Department a cash bond of $19,629.50 for the completion of the permitted work at High Ridge (Shell Buildings "A" and "B") located at 100 Commerce Road. The work has been completed and the Certificate of Completion has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Quintxff"L. G'reen4, De~elopm~n~Director City Manager's Signature Development Department Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSLa, GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A RELEASE OF A CASH BOND TO CONTRACTORS MANAGEMENT SERVICES, INC., FOR THE PROJECT KNOWN AS HIGH RIDGE (SHELL BUILDINGS "A" AND "B"), IN THE AMOUNT OF $19,629.50; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 14, 2003, the Building Division accepted cash bond in the amount of $19,629.50 from Contractors Management Services, Inc., to guarantee of all permitted work at the High Ridge (Shell Buildings "A" and "B") :ated at 100 Commerce Road; and WHEREAS, a final inspection has been conducted on this project, the work has ,een completed, and a Certificate of Occul~ancy has been issued. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based ~on the recommendation of staff, hereby approves the release of a cash bond in the ,unt of $19,629.50 to Contractor's Management Services, Inc., for the project known the High Ridge (Shell Buildings "A" and "B"), located at 100 Commerce Road. Section 2. That this Resolution shall become effective immediately upon ~assage. ½:\CALRESO\Letters of CreditXRel~ase of Cash Bonds - High Rid~ Shell.doc PASSED AND ADOPTED this ~ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~TTEST: City Clerk (Corporate Seal) ;:\CAW,.ESO~_etters of Credit\Release of Cash Bonds - High Ridge Shell.doc 1072A EAST NEWPORT CENTER DR. ~l~l~~ DEERFIELD BEACH, FL 33442 QFFICE (954) 978 - 8000 ~~tt~ FAX (954) 360-0001 C-M-S-I CONTRACTORS MANAGEMENT SERVICES INC. March 1 O, 2003 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl. 33425 Dear Don Johnson, The intent of this letter is to request the release of our bond for the temporary Certificate -. of Completion for the project at 100 Commerce Road in Boynton Beach. If you have any questions please don't hesitate to call my office. Sincerely, V.P. of Operations EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-025 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official~ DATE: February 14, 2003 SUBJECT: CASH BOND - HIGH RIDGE (Shell Bldgs. "A" and "B") - 100 COMMERCE RD. Attached is a cashier's check for $19,629.50 from Contractors Management Services, Inc. This is a cash surety for High Ridge (Shell buildings "A" and "B") and is to be held until all outstanding issues of their temporary Certificate of Completion are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Completion, the surety will be returned. DJ:rs Attachments/letter from Kenneth R. Carlson, P.A. and check XC: Timothy K. Large, Building Code Administrator Permit File #'s: 02-61 and 02-112 S:~2~eveloprnenfiBUILDING~Mernos~2a~h Bonds - 2003\Cash Bond - High Ridge Shell Bldgs A & B.doc EXHIBIT "B" PAY TO ****CI~ Off BO~N**** I$ 4''19'629'50'44 THE ORDER OF ., ,.I~ ' ~ h ,v" h,,,ll . ',Il DOLLARS NAME OF REMITTER B~m~ One ColoMbo N.A.. Oe~e~; .... ' '" t' " ClW OF BOYNTON BEACH 2 5 3 6 6 ".' i".' .1 ...... ~-- ,, . . . .,.,. .... ,. ,. ,, ',?,.~ . · ,, ~... , . - . . . . -.., . - .,. . , . ,.,) .. ~ . '... · . ,.. . ...~ ,., ?' : ,, · i: ~ . ~ ".. EXHIBIT "C" KENNETH R. CARLSON- ARCHITECT, P.A AAC001878 February 14, 2003 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Re: I00 Commerce Road To Whom It May Concern, Enclosed please find the punch list items associated with the High Ridge project of 100 " Commerce Road. The contractor will have all items completed within the next 30 days. Thank you. ~ Kenneth R. Carlson - Architects P.A. /DO g'~ EXItIBIT "D" One West Carnino Real, suite 218 · Boca Raton, FL 33432 · phone (561) 368-7798 · fax (561) 368-6776 · www. kencarlson.com Punch List - High Ridge Project February 13, 2003 PAVING & DRAINAGE Asphalt repair, Iow areas $500.00 Curbs near fire lanes - paint yellow $75.00 Install stop bars for ddve isle located between the buildings $150.00 Install fire lane signs with the text $100.00 Install white directional arrows (~ SE comer of site $75.00 Baffles not inspected - Inspect drainage structures (~ next inspection $250.00 WATER & SEWER Double detector Check assembly (fire. main) for North building did not pass certification $600.00 Re-do concrete finish for all valve box concrete collars $200.00 Uncover & locate sewer lateral cleanout (in sidewalk south of northern building) $20.00 Raise hydrant (~ SW comer of site $50.00 Raise valve box to match existing grade @ SW hydrant $50.00 LANDSCAPE & IRRIGATION Boston Fern Beds/Shellrock $2,000.00 Remove all shells, rocks, and alkaline soils from all Boston Fern beds. Replace with specified soil. Replace all Boston Fern with specified size and spacing. Buttonwood ~ $3,125.00 Replace all Buttonwood as specified and install per sPecifications and details. Do not girder trunk with staking guy lines. Mahogany $2,850.00 Replace thirteen (13) Mahongay as specified and install per specifications and details. Also, six (6) additional Mahogany may be subjected to rejection dependent upon the degree of "die-back". Either these trees are replaced now or they can remain for future monitoring subject to the City's requirement for retaining financial assurance (bond, letter of credit, surety, etc). Crape Myrtle $450.00 Replace three (3) Crape Myrtle as specified and install per specifications and details. Calophylum $900.00 Replace three (3) Calophylum as specified and isntall per specifications and details. Four (4) additional Calophylum may be subjected to rejection dependent upon the degree of "die-back". Either these trees are replaced now or they can remain for future monitoring subject to the City's requirement for retaining financial assurance (bond, letter of credit, surety, etc). Royal Palms $750.00 Replace one (1) Royal Palm as specified and install per specifications and details. The remaining Royal Palms will be assessed to their degree of deviation from size specifications and a yet to be determined number of supplemental trees will be added. Be advised that if the grades of the remaining Royal Palms decline that these trees may be replaced or they can remain for future monitoring subject to the City's requirement for retaining financial assurance (bond, letter of credit, surety, etc). EXHIBIT "E" Hedge Matedal - Cocoplum, Vibumum, Arbodcola $1,200.00 Either replace all undersized hedge matedal and replant per the maximum on center spacing, or supplement the existing hedges with appropriate shrubs of the specified size in such a way that the hedge is "solid" or "tip to tip" and full to base. In no instance shall hedge matedal exceed a 24" o.c. spacing. Remove all shellrock, rock and alkaline soils from planting area of new shrubs. Trees/Palms $750.00 Planting Procedures: Trees were not planted per details. Provide saucers at base and remove shellrockJdebds. Staking: Staking system where attached to trees is creating a girdle effect or miss protective budap wrap. Replace immediately with conncection systems that will not damage cambdum layer. Structural integrity and effectiveness of staking is questionaale and contractor is remionded of responsibility for staking and maintaining vertical position of trees. Sod $650.00 Sod has been installed incorrectly. Repair all sodded areas and meet specifications. Adjust grading as needed to obtain smooth surface of sod. Sod to be tight,' rolled & solid. Note: Area on north end buffet appears to have potential irrigation wash out. Repair and replace sod as needed. Irrigation $1,500.00 Entire system must be field tested for coverage. Add bubblers to trees/balms as required or provide additional watedng methods to ensure adequate/vigorous growth of matedal and successfully establish plant. (Optional methods to be reviewed and approved by LA and owner) --, ~ Design Layout / Cleanup: (general notes) $700.00 Uneven layout/placement of matedal in several groundcover bed and shrub mass areas throughout site. Replant/adjust to achieve more uniform planting bed layout. All plant beds and sod areas must be free of shell rock/asphalt pieces, construction debds, large rocks, weeds, grasses, etc. Remove all dbbon, tags, ropes, budap (if not being used for staking) from trees. Beds shall conform to Section 3.02 of wdtten specifications. Smooth out all uneven areas to be uniform with adjacent grade levels/contours. Mulch $500.00 Remove excess mulch from the trunk or base of all plants. Existing weeds and sod in beds were mulched over. Correctly apply herbicides to all beds per specifications. Fertilize Apply fertilizer per specifications or submit an alternate program denoting types, rates, and timing for review and approval. $400.00 Total Punch List Items $17.845~00 EXHIBIT "E" V.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM C.5 AGENDA ITEM REQUEST FO vl Requested City comrmssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting, Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 ('Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) g 02'4 [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OV [] nou=ement [] NewBusmess AGENDA ITEM ~ City Manager's Report [] Presentation [] Consent Agenda [] Public Hearmg [] Code Compliance/Legal Settlements [] Unt'mished Business RECOMMENDATION: Motion to approve the NeighborhoOd Assistance Program and Eligibility Requirem~ts administered by the city's Neighborhood Services Division of the Cit~ 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. Exhibit "B' includes a summery of Neighborhood Assistance Program awards. 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. ALTERNATIVES: There is no current funding available for this program outside of the funds allocated by the city. Department Head', Signature / ' /7 ' City i~nager's Signature / Departmem Name City Attorney / Finance / Human Resources S:LBULLETIN~FORMSXAGENDA 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 KEQUIREMENTS; 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 fi:om a public right-of-way; and WHEREAS, in order to establish goals and allowable uses of the Neighhorhlz~d Assistance Program, it is important to delineate what those uses are, as well as maximum matching funds that are 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 TIlE CITY COMMISSION OF THE CITY OF BOYbITON 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 :\CA~RESOkLegislative Actions~Approve NAP and Eligibility Requir~mentO30703.doc PASSED AND ADOPTED this ~ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk ~ -' E (Corporate Seal) S:\CA~.ESO~Legislative ActionskApprove NAP and Eli~nbility Requu~ment030703.doe EXHIBIT A Neighborhood Assistance Program Application Neighborhood Assistance Pro ram 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 City neighborhoods '= the 's · ~ ,~- 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? E]Yes E]No 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 r'lNo 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. E]Required and provided E]Not 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 4 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., Boynton Beach, FL 33435. Phone 561/742-6028. City of Boynton Beach Neighborhood Assistance Program Application Attachment B Neighborhood Services NAP Awards April 2000 - Marel~ 2003 Year NAP Awarded Amount Awarded 2000 $18,218 2001 $29,699 2002 $33,801 2003 $9,507 Grand Total:~ $91,225 V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.6. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City comrmssion Date Final Form Must be Turned Meeting Dates in to CiO/Clerk's Office Meeting Dates in to CiO/Clerk's Office [] April l, 2003 March 17, 2003 (Noon.) [] June 3, 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 RECOMMENDATION: Acceptance of a Quit Claim Deed from TOUSA Homes, Inc., successor by merger to Engle Homes/Palm Beach, Inc., to the City of Boynton Beach for property known as Quail Lake West - Tract 13. EXPLANATION: This action will confirm and more fully document the dedication of this property to the City by virtue of the Plat of Quail Lake West and Tracts One & Two as recorded on December 14 1984, in Plat Book 50, Page 3 of the Public Records of Palm Beach County, Florida. The use of the property is currently restricted to recreational purposes only. It is the intention of staff to have this property surveyed and replatted for public usage generally. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature r '~ City Manager's Signature Department Name fi-' City Attor~'/-~'mance / 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, ACCEPTING A QUIT CLAIM DEED FROM TOUSA HOMES, INC., TO THE CITY OF BOYNTON BEACH FOR TRACT 13, QUAIL LAKE WEST; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 14, 1984, this tract was dedicated to the City of Boynton by virtue of the Plat of Quail Lake West and Tracts One & Two, as recorded in Plat 50, Page 3 of the Public Records of Palm Beach County, Florida; and WHEREAS, the purpose of this Quit Claim Deed is to confirm and more fully the dedication of the property described in the Quit Claim Deed, a copy of which is attached to this Resolution as Exhibit ..... A, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing recitals are true, correct and incorporated into this by reference. Section 2. The City Commission of the City of Boynton Beach, Florida does accept the Quit Claim Deed fi.om TOUSA Homes, Inc., a Florida Corporation and by merger to Engle Homes/Palm Beach, Inc., to the City of Boynton Beach, the known as Quail Lake West - Tract 13, a copy of which Deed is attached to this as Exhibit "A." Section 3. That the City Clerk is directed to record the original Quit Claim Deed the Public Records of Palm Beach County, Florida. Section 4. That this Resolution shall become effective immediately upon passage. ;:\CA~,ESO\Quail Lake - Tract 13 Acceptance of Deed.doc PASSED AND ADOPTED this __ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk iCorporate Seal) k\CA\RESO\Quail Lake - Tract 13 Acceptance of Deed.doc PREPARED BY & RETURN TO: James A. Ch~o~ Esq. Gor~ CI~o~ Doody & Ezrot, P.A. 3099 E. Commercial Boul~v~xt, Sui~ 200 Fort Lauderdale, Florida 33308 TH~S QUIT CLAIM DEED, made this ~.3 '~ay of March, 2~3, ~ TOUSA Ho~s, ~. a F~ Co~n ~ ~r ~ ~g~ to ~ Ho~~ B~ I~., a Fbfi~ ~~n ~m ~ o~ ~ ~ 123 N.W. 13~ S~ S~ 3~, ~ ~o~ ~o~ ~ ~ to m "G~ntor," ~ ~ C~ of ~on ~ a ~ ~~ ~~n ~ ~ o~ ~ ~ 1~ E. ~on ~h ~~ ~on ~ ~ 33425 ~~ ~ to m "G~n~"). WITNESSETH' ~e ~d ~tor, ~r ~ ~ comidemt~n of t~ s~ of ~ ($10.00) DOLL~ ~ ~ p~d ~ ~ ~ ~t~, the ~e~t w~f ~ ~ ~w~ge~ does he~, ~, rele~, ~d q~t-c~ ~to the ~d ~t~ forever, ~ ~e ~t, t~le, ~tere~, c~ ~d de~ ~m w~ of ~y ~d, w~ch the ~d ~tor ~ ~ ~d to ~e foflo~g de~ lot, pi~e or p~cel of ~ si~e, ~ ~ ~ ~ the Co~ of P~ Be~& S~te of Flofi~ to-~t: T~ 13 of ~ ~ W~ ~ T~ ~ & Two, ~~ to ~ p~ ~fm ~~ ~ P~ ~k 50, P~e 3 of~ ~ ~ ofP~ ~h Co~, ~ ~ to ~,~ ~ ~m ~.d~ ~ ~n of~ ~~ ~~ ~ to ~ ~ ~ of ~ P~ of QU~ ~ ~ST ~ ~S O~ & ~O m ~ on ~ 14, 19~, ~ P~ ~k 50, P~e 3 of~ ~ R~ ofP~ ~h ~, ~ TO ~ ~ TO HOLD ~e ~ toge~er ~h ~ ~ s~_~!ar the app~e~ces t~re~to ~lo~g or ~ ~ay ap~~, ~ ~ ~e e~ate, fi~t, title, ~t~e~, ~ eq~, ~d c~ w~t~ev~ of ~ ~d ~r, e~ ~ ~w or eq~, to ~ o~ pro~ ~, ~nefit, ~d ~of ~e ~d Gmt~ forever. "Grantor" and "Grantee" are used for singular or plura4 as comext requires. IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and seal the day and year first above written. Si~ned, sealed and delivered /'~ ~ ~~, in our presence: TOU~.~~ration ~_~a~,.~ ~,~ ~,~ ~ By: ~ (Prim or Type Name) (P~hii or Type Name) ~ ATTEST: ~; ~ ~-e b'F0 STATE OF FLORIDA ) ) SS.: COUNTY OF PALM BEACH) Th~ foregoing imtnmmat was acknowledged before me thiq ~.~["day of March, 2003 by Armando Carmjo, as a duly authoriz~ officer of TOUSA Horms, Inc., a Florida corporation- He is perso~ known to rm or have pmduc~ as id~mifieaitbn. V.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM C.7. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April l, 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) [] May20,2003 May 5, 2003 (Noon) [] July15, 2003 June 30, 2003 (Noon) ~ ~ [] Administrative [] Legal -'c: -: -~ NATURE OF [] Announcement [] New Business ct. ._'. · ;~ AGENDA ITEM [] City Manager's Report [] Presentation ~ ': '~ [] Consent Agenda [] Public Hearing .':7 ~'~' [] Code Compliance/Legal Settlements [] Unfinished Business ~ ?2 ~ RECOMMENDATION: ~ Motion to approve agreement for technical support between the City of Boynton Beach and the Community Redevelopment Agency (CRA). EXPLANATION: This agreement would retain the I.T.S. Department to provide the CRA with technical services in connection with the day-to-day governmental operations of the CRA. All materials, equipment, and supplies necessary for I.T.S. to perform said services shall be the responsibility of CRA. PROGRAM IMPACT: o:o CRA will benefit from lower technical support cost by utilizing existing city I.T.S. resources vs. vendors. CRA will benefit from lower license cost by utilizing the city's enterprise agreement for software licenses and maintenance. *=o CRA will have the ability to backup and restore data stored on the city's network. o:o CRA will benefit from a secure network connection with high bandwidth to the city's network for GIS and e- mail. o:* The City of Boynton Beach will be able to recoup funds paid for yearly maintenance on virus protection and other software licensing fees. 4° CRA and the City of Boynton Beach will benefit from meeting coordination, information access, sharing, and coordination of resources via the city's e-mail system. -:. CRA will benefit from having access to city's GIS database and layers. FISCAL IMPACT: I.T.S. shall be paid the sum of Twelve Thousand ($12,000.00) Dollars for the first year of this Agreement. Annual payments to I.T.S. shall increase by five (5%) percent for each year this agreement is renewed, said increase to be effective on each annual anniversary of the effective date of this agreement. S:~BULLETINWORMSkAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: The CRA could utilize outside resources and vendors for their technology needs. ector of I.T.S. ~ Information Technology Services City Attorney / Finance Human Resources S:~BULLETiN~FORMSX, AGENDA ITEM REQUEST FORM.DOC Exhibit "A" Client Agreement and Conditions For CRA Technical Services The City of Boynton Beach Information Technology Services Departments (ITS) and the Community Redevelopment Agency (CRA) has entered into a technical support agreement to provide technical support for the CRA Director and up to two staff members. The items and services include unlimited technical support (during normal business hours: Monday through Friday, 7:30 a.m. to 5:30 p.m.), problem determination and resolution for the equipment listed on Exhibit "B", e-mail accounts, and network services such as access to GIS and City shared drive~._~The City Of Boynton Beach and the ITS. Department will also extend their Disaster Recovery/Business Recovery plan by offering off site storage and retrieval of backup media including CD/RW. Technical support response-resolution parameters are based on problem severity and impact on business operations. Severity Code Customer Impact Service Response to Resolution Customer Time 1 - Critical Business Halted Immediate updates Ur/til Fixed every 30 minutes. 2 - Urgent Business Impacted 2 - 4 Hours 4 Hours 3 - Important Non-critical 1 - 3 days 1 - 3 days 4 - Request Normal Business 3 - 5 days 30 days The City Of Boynton Beach shall not be responsible for any third party software or other hardware other than the hardware and sofhvare listed on Exhibit "B". The City Of Boynton Beach would utilize change management policy to address any configuration changes to the CRA PCs, printers and network environment. ITS will extend the enterprise Microsof~ agreement to the CRA PCs, printers and network environment as defined in Exhibit "B". ITS will extend the enterprise MiCrosoft agreement to the CRA PCs to provide proper coverage of licenses, upgrades and support. Other services such as Firewall protection and anti-virus software with automatic updates will apply to the CRA network environment. The City Of Boynton Beach will also extend the GIS enterprise sof~are cost savings to the CRA to access to GIS data from the city's network by installing Gismo on two PCs. The Gismo application has the ability to view and run inquiries for GIS related layers. H:\1998\980465~,GMT\CRA Technical Svcs Att A.doc Exhibit "B" CRA Hardware and Sof~ware Inventory HARDWARE Item Manufacturer Model Serial Number CPU (Complete System) Dell Optiplex GX240 6B63T11 CPU (Complete System) Dell Optiplex GX240 1B63T11 CPU (Complete System) Dell Optiplex GX260 BH2PZ11 Laser Printer HP 4100N SUS LNF07140 InkJet Printer HP CP 1700 SG252311 QB Scanner HP 5490 CXI C9850A Digital Camera HP PhotoSmart 318SE C8900A Label Writer Dymo Labelwriter 300 S/N90791-0015398 Ethernet Hub Nortel 16-Port 00625 IT HUB Sisco Systems 1700 Series 1PM3MOODRA SOFTWARE Microsoft Windows XP ~ -' ~ Microsot~ Office XP Professional suite GISmo/GISweb CAS Microsoft Project 2000 C:~Documents and Settings\vielhauers.000XLocal Settings\Temporary Intemet Files\OLK3C\CRA Technical Svcs Att A.doc EXHIBIT "C" AGREEMENT TECHNICAL SUPPORT THIS AGREEMENT, made and entered into this __ day of ,2003, by and between: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF BOYNTON BEACH, FLORIDA, a public agency, having the address, 639 East Ocean Avenue, Suite 107, Boynton Beach Florida 33435 (hereinafter referred to as "CRA"), and CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, on behalf of its Information Technology Services Department, having the address, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 (hereinafter referred to as "ITS"). WHEREAS, at its meeting of .., 2003, the City of Boynton Beach approved entering into this Agreement with the CRA, providing for the provision of techn-fca~ support services by ITS to the CRA; and WHEREAS, at its meeting of March 11, 2003, the CRA Board approved entering into an Agreement with ITS; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and conditions herein expressed and of the faithful performance of all such covenants and conditions, CRA and ITS do mutually agree as follows: 1. PROJECT DESIGNATION. ITS is retained by the CRA to perform computer technical services in connection with the day-to-day operations of the CRA. 2. SCOPE OF SERVICES. ITS agrees to perform the services, identified in the "Client Agreement and Conditions for CRA Technical Services", which is attached hereto and made a part hereof as Exhibit "A" on the "CRA Hardware and Software Inventory" which is attached hereto and made a part hereof as Exhibit "B". All materials, equipment and supplies necessary for ITS to perform said services shall be the responsibility of CRA. CRA shall use its best efforts in cooperating with ITS in providing the information and documentation necessary to ITS in the performance of the Technical Services under this Agreement. 1 C:\Documents and Settings\vielhauers.000\Local SettingslTemporary Internet Files\OLK3C\CRA Technical Services-20031 .doc Rev. March 13, 2003 3. TERM. Work under this Agreement shall commence upon the giving of written notice by the CRA to ITS to proceed ("-~-ffective ~ate"). This Agreement shall terminate upon mutual agreement of the parties hereto or upon thirty (30) days notice of intent to terminate from one party to the other. 4. PAYMENT. ITS shall be paid by the CRA for services rendered under this Agreement as follows: a. ITS shall be paid the sum of Twelve Thousand ($12,000.00) Dollars for the first year of this Agreement. b. CRA shall pay the annual amount owed to ITS, in four equal installments at the beginning of each quarter. The first quarter shall begin on the first (lst) day of the month following the month in which the written notice to proceed as provided for in Section 3 is given. c. The annual payment to ITS shall increase by three (3%) percent for each year this Agreement is renewed, said increase to be effective on each annual anniversar~ of the effective date of this Agreement~ ~ d. Payment as provided in this section shall be full compensation for work performed or services rendered. e. The parties agree that should the demands on ITS increase as a result of additional work stations, additional employees of the CRA, or changes to the CRA Hardware and Software Inventory, the CRA and ITS shall renegotiate the annual fee paid under this Agreement upon receipt of a written request from ITS to renegotiate. 5. COMPLIANCE WITIt LAWS. ITS agrees to perform the services contemplated by this Agreement, and faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations that are applicable to the services to be rendered under this Agreement. 6. INDEMNIFICATION. Each party agrees to be responsible for its own acts, omissions, and negligence, and the acts, omissions, and negligence of their respective employees, agents, and servants. Nothing in this Agreement is intended to be construed as a waiver of the protections, limitations, and immunities afforded the parties pursuant to Section 768.28, Florida Statutes. 2 C:~Documents and Settings\vielhauers.000\Local Settings\Temporary lntemet Files\OLIGC\CRA Technical Services-20031 .doc Rev. March 13, 2003 7. INDEPENDENT CONTRACTOR STATUS. a. ITS and its employees, subcontractors, volunteers and agents, shall be and remain independent contractors and not agents or employees of CRA with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. b. CRA will not be responsible for reporting or paying employment taxes or other similar levies which may be required by the United States Internal Revenue Service or other state agencies. 8. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT. During the performance of the Agreement, ITS shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. ITS will take affirmative action to ensure that employees are treated during employment, without regard to their race, creed, color, or national original. Such action must include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination rates of pay or other forms of compensation, and selection fo{ training, including apprenticeship. ITS s~allg agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this non-discrimination clause. 9. NON-EXCLUSIVITY. This Agreement is considered a non-exclusive Agreement between the parties. The CRA shall have the right to purchase the same kind of services to be provided by ITS hereunder from other sources during the term of this Agreement. 10. ASSIGNMENT. ITS shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CRA. 11. NON-WAIVER. Waiver by the CRA of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 12. TERMINATION. This Agreement may be terminated for convenience or cause by either party by providing thirty (30) days notice to the other party. Should termination be £or convenience, termination shall be without liability to the terminating party. In the event of any termination, ITS shall be paid the pro rata sum for services performed, or if prepaid, ITS would return to the CRA the pro rata sum paid in advance. 3 C:~Documents and Settings\vielhauers.000\Local SettingsXTemporary lnternet Files\OLK3C\CRA Technical Services-20031 .doc Rev. March 17, 2003 13. DISPUTES. Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated in the courts of Palm Beach County, Florida. Further, this Agreement shall be construed under Florida Law. 14. NOTICES. Notices to the CRA shall be in writing and sent via U.S. Mail to the following address: CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 639 EAST OCEAN AVENUE, SUITE 107 BOYNTON BEACH, FL 33435 ATTN: Douglas Hutchinson Notices to ITS shall be sent to the following address: CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 ATTN: Peter Wallace, ITS Director 15. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 16. INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between ITS and the CRA and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both ITS and CRA. 17. AMENDMENTS. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 4 C:~Documents and Settings\vielhauers.000\Local Settings\Temporary Interact Files\OLK3C\CRA Technical Services-20031 .doc Rev. March 13, 2003 18. BENEFITING PARTIES. This Agreement is intended to benefit the parties to this Agreement. The parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either party based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 19. CONSTRUCTION OF AGREEMENT. The terms and conditions herein are to be construed with their common meaning to effectuate the intent of this Agreement. All words used in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words in any gender shall extend to and include all genders. 20. APPLICABILITY OF FLORIDA'S PUBLIC RECORDS LAW. The parties acknowledge and understand that the rules, regulations and statutes regarding public records are applicable to this Agreement and the services provided thereunder. CRA understands that public records as defined in Chapter 119, Florida Statutes, created with CRA computer equipment, software and hardware, including but not limited to e-mail and internal memoranda, constitute public records under the laws of the State of Florida, and are subject to disclosure unless otherwise exempt. _. ,~ IN WITNESS OF THE FOREGOING, the parties have set their hands and seals this day of ,2003. CITY OF BOYNTON BEACH CITY OF I}OYNTON BEACH COMMUNITY RE D~E?OP M ENT A GE NC Y ~~elCson'~ Mayor ~ ATTEST/AUTHENTICATED: Janet Prainito, City Clerk APPROVED AS TO FORM: City Attorney 5 C:LDocuments and Settings\vielhauers.000\Local Settings\Temporary Intemet Files\OLK3C\CRA Technical Services-20031 .doc Rev. March 13, 2003 RESOLUTION NO. R03- V.-CONSENT AGENDA ri'EH C.7. A RESOLUTION OF THE CITY COMMISS CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TECHNICAL SUPPORT BETWEEN THE CITY OF BOYNTON BEACH AND THE COMMUNITY REDEVELOPMENT AGENCY (CRA); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon of staff, hereby deems it to be in the best interests of the citizens and of the City of Boynton Beach, to approve an Agreement, providing for technical in connection with the day-to-day governmental operation of the CRA; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does approve, and authorizes the City Manager to execute an Agreement between the City leach and the Community Redevelopment Agency (CRA) of the City of Boynton providing for technical support in connection with the day-to-day governmental of the CRA, a copy of which Agreement is attached hereto. " g Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ,T: Commissioner Clerk Corporate Seal) ;:\CA\RESO~Agreements\Consultant - CRA-Tec~ical Support 041103.doc V.-CONSENT AGENDA CITY OF BOYNTON BEA ITEH C.8. AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetin.q Turned in to City Clerk's Commission Meetin.q Dates Turned in to City Clerk's Office Dates Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 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 AGENDAITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing Code Compliance/Legal [] Settlements [] Unfinished Business RECOMMENDATION: Staff recommends that Commission approve the adoption of Resolution R03 (Exhibit ~A") accepting the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years 03/04 - 05/06. These funds are for the continuation of the State Housing Initiatives Partnership (SHIP) Program. EXPLANATION: In accordance with Florida Statutes Chapter 420, dedicated revenues resulting from the William E. Sadowski Affordable Housing Act are distributed to various municipalities that are "entitled" communities to assist with affordable housing efforts. The Plan (Exhibit "B'~ is a continuation initially established in 1997 with input from citizens directly involved in the housing industry, and is consistent with the housing element of the City's Comprehensive Plan. PROGRAM IMPACT: SHIP Grant funds play a major part in the City continuing effort to improve the housing stock in the older, more depressed neighborhoods in the target area (Exhibit "C"). Since the implementation of the program, the City Of Boynton Beach has assisted 76 families obtain homes, and 67 families make repairs to their homes. FISCAL IMPACT: Funding to begin in July of this year will be $603,000 annually for the next three (3) years. A maximum of ten percent (10%) will be used for administering the program, which equates to $60,300 annually. ALTERNATIVES:(~/ Not to receive the funding, and funds the City's helusing programs from the general fund. ~r'('me~t~'~a"d ~ Sig~lature City'Manager's Signature Department of Development Community Improvement Division . Department Name City Attorney / Finance / Human Resources S:\Community Improvement~Agenda Requests~003\CC4-15-03LHAP.dot EXHIBIT "A" RESOLUTION R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN, FOR STATE FISCAL YEARS 2003-04, 2004-05 AND 2005-06; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Florida Statutes Chapter 240, dedicated revenues resulting from the William E. Sadowski Affordable Housing Act are distributed to various municipalities that are "entitled" communities to assist with affordable housing ~fforts; and WHEREAS, The Plan (attached hereto and made a part hereof) was initially ,stablished in 1997 with input from citizens directly involved in the housing industry, and is consistent with the housing element of the City's Comprehensive Plan; and " ~ WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to adopt the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years; 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 are hereby ratified and confirmed by the City Commission. Section 2. .The City Commission of the City of Boynton Beach, Florida, hereby adopts the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years 33/04 - 05/06, subject to receipt of funding. Section 3. This Resolution shall become effective immediately upon passage. ~:\CA~?.ESO~SHIP Housing Plan 0304-0506.doc PASSED AND ADOPTED this day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Seal) ;:\CAW, ESO',SHIP Housing Plan 0304-0506.do~ EXHIBIT "B" CZTY OF BOYNTON BEACH STATE HOUSZNG ZNZTZATZVES PARTNERSHZP (SHZP) PROGRAM LOCAL HOUSZNG ASSZSTANCE PLAN For State Fiscal Years 2003-2004, 2004-2005, and 2005-2006 City of Boynton Beach State Housing Znitiative Partnership (SHZP) Program Local Housing Assistance Plan State Fiscal Years 200~i/04- 2005/06 I. PROGRAM DESCRIPTION The City of Boynton Beach's Local Housing Assistance Plan began with the adoption of Ordinance No. 97-11 on May 6, 1997. This program was designed to promote and implement the goals of the State Housing Initiatives Partnership (SHIP) Program and the City's Comprehensive Plan by producing and preserving affordable housing. It is used citywide to increase affordable housing for very- Iow income, Iow-income, and moderate-income households within the City. The program helps implement the goals of the City's Community Development Block Grant (CDBG) Consolidated Plan. This will be achieved pursuant to the SHIP program through production, acquisition, and rehabilitation of affordable housing using funds as provided by the SHIP Act, and will be expended in the following manner: A. Eighty seven percent (87%) ol' the funds will be used by the Qty-to~ implement the program in the following manner. 1. Purchase Assistance - The City of Boynton Beach will provide GAP financing in the form of no interest, deferred loans to eligible, qualified households for down payment assistance, closing costs, and mortgage interest reduction, for the purchase of a new or existing home, which may or may not need additional rehabilitation repairs. This strategy supports the City's Comprehensive Plan Housing Element objective of providing increased housing opportunities for very Iow, Iow, and moderate-income persons, as well as the Consolidated Plan objective of assisting cost-burden to purchase homes. Funds are also loaned for rehabilitation repairs of owner-occupied homes. The deferred payment loan is forgivable ten percent (10%) a year for ten (10) years. In the event the property is transferred, sold, or refinanced, or ceases to be owner occupied within the 10 year period, the pro-rated amount of the loan will become due and payable. This strategy will serve very-low, Iow, and 'moderate-income households. 2. Rehabilitation/Emergency Repair - Eligible persons who own and occupy substandard housing units may be awarded funds to renovate such units as eligible housing. This strategy furthers the City's Comprehensive Plan Housing Element objective of maintenance of the existing housing stock. 3. Disaster Mitigation/Recovery - SHIP funds will be used to provide emergency repairs to income eligible households in the aftermath of a natural disaster to address emergency housing repair needs. B. The City of Boynton Beach has targeted the older more depressed area east of Interstate 95, west of the FEC railroad as the area for redevelopment where SHIP funds will be used. Eligible applicants may be able to use these funds anywhere within the city limits. Mobile homes and rental properties are not eligible for assistance. However, condominiums and townhouses have been identified as those housing units more affordable to applicants with special needs, as well as single parents. Therefore, these units will be allowed. C. The Plan covers a three (3) year period covering fiscal years, 2003-2004, 2004-2005, 2005-2006 D. The Three Year Housing Assistance Plan was developed from information and suggestions solicited from. local lenders, developers, realtors, a~d~ non-profit developers of affordable housing and support services. The~ following organizations were major contributors to the strategy; The Community Financing Consortium, Inc., The Center for Technology, Enterprise and Development, Inc. (TED Center), the Local Initiatives Support Corporation (LISC), and a collaborative of various local lenders as well as developers. The Plan was refined and developed with the input received on administration, partnerships, funding limits, program strategies, and homeowner training. E. Support Services: The Local Partnership has a variety of organizations that provide services to SHIP applicants. Boynton Beach Faith Based CDC, a non-profit organization formed by LISC and a sub recipient of the city of Boynton Beach's CDBG funds has began to take an aggressive roll in this endeavor. This organization acts as a Liaison between the City and its applicants, preparing them for home ownership with the counseling and hand holding that is required by the applicants. The Boynton Beach Life Care Center, another non-profit organization that provides self-sufficiency programs, Which encourages among other things, education, training, and home ownership as one of it's priorities. The City of Boynton currently provides rent free housing in a City owned building for the local Head Start Program, which accommodates childcare for Iow- income residents in the target area. A maximum of three percent (3%) of the SHIP allocation will be available during all three fiscal years for providing home ownership training and counseling for first time homebuyers as well as owners of homes assisted through the Local Housing Assistance Program. This will be a continuance of the partnerships with local lenders, Consumer Credit Counseling Service of Palm Beach County and any other provider of this service that is identified by the City at no charge to the applicants. These funds will help defray the cost associated with this service. The importance of post- purchase training in the areas of budgeting and maintenance is expected to be on going. We do anticipate paying an agency for this service. The City has formed a very strong partnership with Consumer Credit Counseling Service (CCC, S) of Palm Beach County. We have provided funding, as well as classroom space to CCCS for first time homebuyer education classes. The City has also encouraged its lending partners to co- fund these classes as well. The City has sought and encouraged the participation of local realtors to provide services as agents for its applicants in the purchasing process. II. INTERLOCAL AGREEMENT There is no interlocal agreement applicable. -' ~ II]~. LOCAL HOUSING PARTNEP,$H]~PS A. The City of Boynton Beach currently enjoys a successful Partnership with local lenders, developers, Community based organizations and non-profits in the pursuit of affordable housing opportunities. Efforts to expand this arena have included the invitation to real estate brokers as well. Staff has met on several occasions to solicit input from these organizations to broaden opportunities for decent affordable housing. The Partnership will continue to meet on a regular basis to evaluate the overall effectiveness of the housing program to make suggestions for improvement as needed. B. The City of Boynton Beach currently has a partnership with a Collaborative of local lenders whereby it has allocated a portion of Community Development Block Grant funds to leverage loans from lenders to provide housing rehabilitation. This leveraging of funds help provide the foundation of increasing the supply of affordable housing for Boynton Beach's residents. This strategy also supplies home ownership opportunities for very-low, Iow, and moderate-income households. These dollars help reduce the risk that may be involved to lenders and helps add to the equity needed to supply large dollars required to bring substandard houses up to code. Homebuyer training is also available through local lenders. The Local Initiatives Support Corporation, the Community Financing Consortium, the Palm Beach County Affordable Housing Collaborative, Consumer Credit Counseling Services, and Homes 4 U.Com, a newly organized non-profit, have formed a partnership to provide homebuyer counseling in the form of a "training institute". This collaborative effort will provide counseling to potential homebuyers to inform them of their duties and responsibilities as homeowners and create a form of micro lending with the use of CDBG funds for small industries for potential Iow income homebuyers with skills that they can perform at home. Ad valorem tax dollars are currently used to provide landscape grants, pay permit fees that cannot be waived, rehabilitate substandard units, and acquire land for new construction. SHIP funds will free up those ad valorem dollars that are currently being used for rehabilitation to enable the City to use more ad valorem dollars for land acquisition. The recent entitlement status CDBG dollars that will be provided will be used for a broader range of capital improvements and economic development to further enhance the housing stock of the City, as well as provide further economic stability of the community. "~ iv. A. Purchase Assistance Loan Program Fiscal Years 2003-2004, 2004-2005, and 2005-2006 Activities: Assist very-Iow, Iow and moderate homebuyers with the purchase of a home. This loan will provide "GAP" financing in the form of a zero interest (0%) deferred loan for first mortgage assistance to insure affordable monthly payments. Homes needing repairs must meet the guidelines in the definition referenced in Title 67, Florida Administrative Code, and Chapter 553,F.S. "Building Construction Standards." Eligible costs under this strategy include down payment and closing costs on first mortgage and repairs needed to make the unit habitable. Eligible properties include newly constructed homes (built within 12 months of closing), or existing homes, which may or may not need rehabilitation. Rehabilitation is defined as the repairs or improvements needed for safe and sanitary habitation, correction of substantial code violations or the creation of living space because of overcrowding. Fiscal Years: The strategy will be utilized during all three State fiscal years covered by this plan, 2003 through 2006 :~ncome Categories: Household income must not exceed 120% of the median income figure, adjusted for family size, provided by the State. The maximum amount of SHTP funds awarded for this strategy depends on the family's income as follows: :l:ncome Category Maximum Award *Very Low $25,000 *Low $20,000 Moderate $10,000 * An additional $10,000 may be available above purchase assistance for necessary code relatedrepairs if necessary The maximum ceiling includes the aggregate of SH]:P awards of rehabilitation and purchase assistance, which may be used in combination to provide an eligible housing unit for purchase by an eligible household. Each applicant will be responsible for a minimum of $1,500.00 towards down payment/closing costs, and/or processing of their mortgage loan. Applicants' income must be verified in order to certify as being eligible. Recapture I~rovi$ions: Th~.;'-l:~rogram will provide an interest fZee~ deferred payment loan covering the full amount of assistance to qualified,- eligible homebuyers. The deferred payment loan is forgivable at ten percent (10%) annually for 10 years, providing the home remains owner occupied and honors all requirements of the deferred payment loan and the second (subsequent) mortgage is placed on the home. :If the home is sold, transferred or refinanced prior to the 10 year period, the deferred payment loan is recaptured at time of closing at a pro-rated sum and returned to the City of Boynton Beach SHI~P Program. l~n case of death of the homeowner, the deferred payment loan would continue as long as the new owner is income eligible under the SHI:P guidelines, and resides in the dwelling. :If the new owner were not eligible, then the remaining pro- rated sum of the loan would be due and payable. S~lectionCriteria: Applicants must be income eligible with incomes between zero and 120% of the median income as provided by the State and adjusted to family size. They must be first time homebuyers and purchasing within incorporated Boynton Beach, and may not currently have assets exceeding $15,000 (gifts included in the asset calculation). l:f the applicant has funds that exceed the $15,000.00 maximum and is income certified, he/she must match the amount of the assistance. The exception to this would be if the applicant has funds in a retirement fund that can only be accessed by termination. The LTV's must be adhered to. The applicants will be selected on a first-come, first-serve basis, and must be certified as very-low, Iow, or moderate income as a result of third party verifications. The potential homebuyer must be credit worthy and have sufficient income required to obtain mortgage financing from a participating lender, and must attend a homebuyer education course offered by participating lenders and community based development organizations. The applicant must not own any other residence unless it is being replaced with the construction of a new home through the SHIP Program. B. Emergency Repair/Rehabilitation Deferred Loan Fiscal Years: 2003-2004, 2004-2005, and 2005-2006 Activities: The City of Boynton Beach passed a Community Appearance Code Ordinance in 1996. The result of stepped-up code enforcement has made rehabilitation a cost burden for many very-low, Iow, and moderate- income residents. Fiscal Years: The strategy will be utilized during all three State e fiscal years covered by this plan: 2003 through 2006 Selection Criteria: This program is designed to assist very-low, Iow or moderate-income homeowners with needed repairs as defined by Chapter 91-37, Florida Administrative Code. Rehabilitation is defined as the repairs or improvements, which are needed for safe or sanitary habitation, correction of substantial code violations, or the creation of additional living space to correct overcrowding. Deferred Payment Loans are provided to eligible households for the repair of owner-occupied units. Repairs of an emergency nature are given priority. Mobile homes, condominiums, townhouses, and rental units are not eligible for assistance in this strategy. SHIP funds maybe matched with private funds, bank loans, credit union loans, and Community Development Block Grants (CDBG) funds. Applicants will be selected on a first-come, first-serve basis. The unit assisted must be owner occupied and located within the City of Boynton Beach. Applicants may not own another residence, and must own and occupy the home being rehabilitated for the duration of the deferred payment loan. All property taxes and/or assessments must be current. There may not be any judgments or liens against the property, and any first mortgage must be current. Mobile homes, condominiums, townhouses, and rental units are not eligible for assistance. Recapture Provisions: An interest free deferred payment loan will be provided for qualified applicants. The deferred loan is forgivable at 10% annually for ten years. The City will place a mortgage on the unit in the amount of the assistance provided. In the event the home is sold, transferred, or refinanced, the pro rated amount remaining on the loan will be due and payable. In case of death of the homeowner, the deferred payment loan would continue as long as the new owner is income eligible under SHIP guidelines, and resides in the dwelling. In the event the new owner is not eligible, then the remaining pro rated sum would be due and payable. 1. Eligible repairs may include, but are not limited to cost of labor and materials for: a. Installation and/or repairs of sanitary water and waste, disposal systems, together with related plumbing and fixtures, which will meet local health department requirements. b. Energy conservation measures such as installation of energy efficient doors arC_windows. c. Repair or replacement of heating and/or cooling systems with high energy efficient 12 SEER or higher. d. Electrical upgrading. e. Repair or provision for structural supports and foundation. f. Repair or replacement of the roof. g. Replacement of seriously deteriorated siding, porches, or stoops. h. Alterations of the unit's interior or exterior to provide greater accessibility for any family members that may be handicapped or have mobility problems. i. Additions to any dwelling when it is clearly necessary to alleviate overcrowding or to remove any health hazards to the occupants. j. Other repairs deemed necessary by the Construction Coordinator and SHIP Administrator. 2. The Recipient Selection Process for Rehabilitation a. An applicant may submit a completed SHIP Application to the City of Boynton Beach for determination of eligibility at any time. Applicants are required to provide all documentation requested for income, eligibility, and qualification determination. Applications are processed on a first-come, first-serve basis by income category. b. A credit check may be provided by participating lenders for each applicant and title search of the applicant's property may be conducted depending on the circumstance. Applicants with excessive liens or back taxes will be denied assistance until such time liens are satisfied and back taxes are paid. c. If it is determined by the City of Boynton Beach's SHIP Administrator that the applicant qualifies for assistance, a home inspection and work write-up will be performed by the City's Constructior~ Coordinator. The inspection report ~will~_ specify what eligibie repairs are necessary for the home. d. Funds will be encumbered for eligible applicants whose homes are determined to be repairable according to Program Guidelines and Building Construction Standards of the Standard Housing Code, Chapter 553, Florida Statutes. e. All SHIP funds will be expended in a manner that will insure that there will be no discrimination on the basis of race, creed, color, religion, age, sex, family status, handicap, or national origin, or on the basis of marital status. f. Persons selected for SHIP assistance will be required to contractually agree to all SHIP program guidelines, and certify that the unit assisted will be their only residence. g. A housing unit cannot be assisted more than once with SHIP funds. Applicants determined to be ineligible may reapply for SHIP assistance with The City of Boynton Beach alter six (6) months from the date of the last application. C. Disaster Mitigation and Recovery Fiscal Years: 2003-2004, 2004-2005, and 2005-2006 Activity: In the event of a natural disaster, SHIP funds will be used to leverage available federal and state funds to provide assistance to income eligible households for the purpose of repairing eligible housing. Mobile homes, condominiums, townhouses, and rental units are not eligible for assistance in this strategy. The purchase of emergency supplies for eligible households to weatherproof damaged homes, interim repair to avoid further damage, tree and debris removal required to make individual housing unit habitable, and post disaster assistance with non-insured repairs. This strategy will be implemented only in the event of a natural declaration using any SHIP funds that have not been encumbered. The maximum award of SHIP funds for this strategy may not exceed $5,000 per unit. Fiscal Years: The strategy will be utilized during all three State fiscal years covered by this plan: 2003 through 2006 Income Categories: Eligible households must be below 120% of median, adjusted for family size~_as provided by the State. ~ Selection Criteria: Applicants must be income eligible as described above, and will be served on a first come, first served basis, pending fund availability. Residency must be located within the City of Boynton Beach incorporated area. Recapture Provisions: Assistance is provided in the form of a grant, not requiring households to repay funds used for disaster relief. In the event that the City of Boynton Beach receives reimbursement from federal or state sources, such repaid funds will be utilized in accordance with the approved Housing Assistance Plan in effect at the time funds are disbursed. V. 'I-[ME TABLE FOR EXPENDITURE FY 2003-04 Submit Plan for Approval May 2, 2003 Advertise funds Availability September 2003 Begin taking Applications October 2003 Encumber Funds .]une 2005 Expend. All Funds .]une 2006 Submit Annual Reports Sept. 2003, 2004, and 2005 FY 2004-2005 Advertise funds Availability September 2004 Begin taking Applications October 2004 Encumber Funds June 2006 Expend. All Funds June 2007 Submit Annual Reports Sept. 2003,2004,2005, and 2006 FY 2005-2006 Advertise funds Availability September 2005 Begin taking Applications October 2005 Encumber Funds .~ June 2007 Expend. All Funds -- June 2008 Submit Annual Reports Sept: 2003, 2004,2005, and 2006 VI. AFFORDABIL~'Y A. Homeownership The income limits as defined by the U. S. Department of Housing and Urban Development, and distributed annually by the Florida Housing Finance Corporation. *Subject to changes made annually by U.S. HUD. "Affordable means that monthly rents or monthly mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for households". It is not the intent to' limit an individual's ability to devote more than 30 percent of his income for housing, if 30 percent of its income shall be deemed affordable. If the first mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark. The maximum purchase price for a new home is $145,000 The maximum purchase price for an existing home is $130,000 tO B. Rental - Not Applicable. VII. ADVERTISEMENT AND OUTREACH The City of Boynton Beach distributes flyers and brochures to any person or organization requesting information on the SHIP Program. Information will be available in the City of Boynton Beach Department of Development, displayed in the main lobby of City Hall, and in the lobbies of participating lending institutions. The City of Boynton Beach has been featured in the local newspapers with several articles concerning the pending implementation of the program. Availability of SHIP funds will be advertised at least 30 days prior to the beginning of an application period. For those strategies that allow applications to be submitted on a continuing basis, the availability of funds will be advertised annually. VIII. ADMINISTRATIVE EXPENSES ~ ' .. The Division of Community Redevelopment will be responsible for the day-to-day operations of the SHIP program. Administrative functions include; advertising availability of funds and community outreach, applicant intake and income certifications, work write-ups and inspections, coordination with first mortgage lenders and counseling services, reviewing and evaluating program effectiveness, and submittal of plan amendments and annual reports to the Florida Housing Finance Corporation. The maximum of ten percent (10%) of all the monies received as the local housing distribution of $502,278 for Fiscal Year 2003-2004 shall be used to cover salary and administrative expenses for the SHIP Program. Administrative expenses in excess of the maximum ten percent (10%) SHIP allocation will be supplemented by city general funds. The total administrative budget is estimated at $50,278 for FY 2003-2004, $50,278 $50,278 for FY 2004-2005, and $50,278. for FY 2005-2006. IX. ADMINISTRATIVE BUDGET Salary & Benefits $45,578.00 11 Advertising 1,000.00 Training 1,500.00 Travel 1,500.00 Office Supplies 700.00 Total $50,278.00 X. LOCAL HOUSING INCENTIVE STRATEGIES The following incentive strategies are extracted from the City of Boynton Beach's Affordable Incentive Plan adopted April 7, 1998. O The Expedited process of permits for Affordable Housing Projects. The Department of Development has been responsible for processing and facilitating affordable housing projects. The Community Improvement and Plan Review staff will oversee the projects certified as "affordable" through the review process in an effort to make sure that they are processed with three to five (3-5) days. This division will be the developer's point of contact for all questions concerning the review process. The Plan Review Administrator will be responsible for expedit~g_~ the building permitting process for afford~ole housing projects. He has designated-~ individuals who have successfully guided and given these projects top priority. Staff will continue to obtain training in affordable housing development. e The modification of impact fee requirements including reduction of waiver of fees and other methods of fee payment for affordable housing. There is currently no provision for waiving impact fees. However, the City of Boynton Beach has in the past funded the Infill Construction Program from the general fund. These funds subsidized the cost of new construction for affordable units by paying permit and impact fees for new construction for very Iow and Iow- income families building new affordable home within the CDBG target area. Palm Beach County allows existing use credit for residential construction on vacant lots that had prior residential use. This credit applies to the residential and road impact fees, and can yield savings for up to two thousand dollars per home. Participating builders of affordable housing will be encouraged to apply for this credit and pass it on to the homebuyer. The CiW Manager will be petitioned to waive payment of development application, plan check and permit fees for all eligible projects certified affordable housing projects. ~ The allowance of increased density levels for affordable housing. (Comprehensive Plan, Housing Element~ Policy 6.1.3) The housing element provides for review of zoning regulations for the purpose of allowing increased density to encourage in provision of affordable housing. The City's Planning and Zoning Department continues its effort to provide for an increase in residential density for the purpose of providing for affordable housing. This density bonus will be subject to compatibility with the surrounding natural and physical environment, site constraints, and concurrency management requirements. The reservation of infrastructure capacity for housing for very-Iow income and Iow-income persons. A reservation mechanism is not necessary, as adequate capacity exists to serve any ]:nfill project initiated within the CDBG target area. This assumption regarding roads, utilities and recreation is based on available acreage and density limits of the Future Land Use Map of the Comprehensive Plan. State concurrency laws require us to maintain adequate public facilities for everyone and build new facilities once we reach 90% capacity. The allowance of affordable accessory residential units in residential districts. ~- ~ ~ Zoning regulations allow accessory buildings in districts as long as they conform to the minimum building site regulations that are generally applicable in the district where the building is to be located. The City of Boynton Beach will maintain its flexible existing practice in dealing with this issue on a case-by-case basis as needed. The reduction of parking and setback requirements for affordable housing. Current regulations require off street parking for two (2) vehicles. In an effort to maintain the value of property, while at the same time not causing any adverse effect on affordable housing, there shall not be modifications to current regulations governing this issue. Setback requirements.in the targeted area require a frontage of 25 feet. The city has in the past worked effectively with developers in an effort to design and produce units that have dealt with this effort without causing any adverse effect on affordable housing. The City will maintain this flexible practice with dealing with this issue on a case-by-case basis as needed. The allowance of zero lot-line configurations for affordable housing. The City of Boynton Beach's current zoning does not permit zero lot-lines in districts that are not Planned Unit Developments, as it violates the City's set back requirements. However, with the existing minimum lot size requirements in the CDBG target area of 5,000 square feet, it is felt that this size lot is sufficient enough to accommodate desired development of affordable housing. ~) The modification of street requirements for affordable housing. Due to concerns for safety and aesthetics, there will be no modifications to current regulations governing streets. ]:n the older platted sections, waivers of sidewalk requirements have been granted for developers on a case-by-case basis. These variances are usually granted in areas that are generally consistent with the surrounding area. Consideration may be made in instances where costs involved will hinder producing affordable units. CDBG dollars will be expended on many streets within the target areas to install sidewalks and curbing. Efforts to avoid the variance process with certification of those areas consistent with no sidewalks by the developer will be ongoing. The liaison from the Department of Development will expedite this certification process for affordable housing projects. ~ The establishment of a process~ which the City of Boynton Beach ~ considers, before the adoption~ of any new legislation that may- increase the cost of housing. The Department of Development's various divisions, particularly the Division of Community Redevelopment, will review any and all policies, procedures, ordinances, regulations, and plan provisions to determine what effects if any they may have on the cost of producing affordable units prior to their passage. The City Manager will disperse all information concerning ordinances in sufficient time needed to evaluate and comment on any impact it may have on affordable housing. @ The preparation of printed invento~ of locally owned public lands suitable for affordable housing. The Division of Community Redevelopment maintains maps of the current inventory of all vacant land including those properties owned by the City of Boynton Beach and Palm Beach County within the target area. The City funds land acquisition in an effort to acquire land for potential pre qualified homebuyers. This effort has resulted in considerable cost saVing in the production of affordable units. 14 EXHIBIT "C" DEPARTMENT OF DEVELOPMENT Community Improvement Division Memorandum CID 03-022 TO: Kurt Bressner, City Manager FROM: Octavia S. Sherrod, Community Improvement Manager DATE: February 28, 2003 RE: State Housing Initiatives Partnership Program Statistics The State Housing Initiatives Partnership (SHIP) Program provides credit counseling, homebuyer workshops, and pre-purchase education to include home maintenance, budgeting, energy conservation, landscaping, and contract negotiation. One main strategy of the program is to assist cost burdened renters in becoming homeowners. Since it's inception, approximately 23 families have benefited per year, and that number is rising. Approximately 79% of the applicants are less than 80% of the median income of $39,845.00 for the City Of Boynton Beach. Given that factor, the average family using SHIP and the rule of thumb of being able to afford housing priced at 2.5 times their income, or about $79,690.00, there are no houses in that price range. The average price range for the last five (5) houses has been approximately $105,000.00. ~ The following are statistics regarding the program since the City Of Boynton Beach started receiving dollars from the state. THE DOLLARS SHIP funds expended ................................................................ $1,587,401 Public funds .................................................................................... 283.957 Private (banks) funds ................................................................... 4,138,727 Applicants' funds ............................................................................. 214,271 THE HOUSES Number of homes purchased/built ........................................................... 76 Number of homes rehabilitated ................................................................ 67 THE PEOPLE Very Low Income .................................................................................. 35% ............................................. 44% Low Income .............................................. . ...... 21% Moderate Income ........................................................................... Number of citizens over age 62 ................................................................ 29 Families with 5 or more members ............................................................ 18 I have attached for your convenience copies of new articles, as well as photographs of some the most recent purchases and new homes built. OSS:dar Attachments V.'CONSENT AGENDA CITY OF BOYNTON ITEM C.9 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be 'Fumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 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 I, 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 co _-5 - [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to accept the enclosed Animal services Contract reimbursing the City for cer. tiljn-..~ Animal Care & Control Services. EXPLANATION: The City of Boynton Beach Animal Care & Control Division applied for, and received a grant from Palm Beach County for reimbursement of certain services not to exceed $30,000.00. The enclosed Animal Services Contract (Exhibit "A") provides the parameters by which the City of Boynton Beach can benefit from this program. We will seek reimbursement for the services described in Article 2, Sections A & C of the enclosed contract through the remainder of the term of the contract that expires September 30, 2003. The Division/City will realize immediate benefits from this program and expect to use a large share of the $30,000.00 in spite of getting a late start. The late start is due in part to the City's review and request for changes in the contract to ensure our interests were protected. The County then took additional time to review our requested changes prior to approving the final draft that we received on March 28, 2003. PROGRAM IMPACT: The Animal Care & Control program will continue to provide the level of service the community is accustomed to, however there will be a portion of staff time dedicated to complying with the conditions of the contract in terms of documentation and reporting. FISCAL IMPACT: The Animal Care & Control budget should see a net decrease as reimbursements are received and applied. ALTERNATIVES: Not accept the grant from Palm Beach County. ~' Department Head's Signature C~ty Manager s S~gnature Department Name City Attorney'/-Financ~-/Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING EXECUTION OF AN ANIMAL SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY ANIMAL CARE AND CONTROL DIVISION, FOR THE REIMBURSEMENT OF CERTAIN COSTS ASSOCIATED WITH ANIMAL CARE AND CONTROL SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Animal Care and Control Division received grant from Palm Beach County for reimbursement of certain costs associated with Animal ~ontrol services in an amount not to exceed $30,000.00; and WHEREAS, the City Commission of the City of Boynton Beach upon of staff, deems it to be in the best interest of the citizens of the City of to authorize execution of this Animal Services Agreement. ~ow, m~m~vo~ a~ ~x ~So~v~ ~ m~ cix~ CO~MXSS~d~ ~ c~x~ ov ao~xo~ a~ACI~ OV earn S~AC}I COV~X~, ~om~n, Section 1' The City Commission of the City of Boynton Beach, Florida hereby execution of the Animal Service Agreement with Palm Beach County Animal ',are and Control Division, a copy of said Agreement attached hereto. Section 2: This Resolution shall take effect immediately upon adoption. 2a/reso/granta/Animal Control Grant PASSED AND ADOPTED THIS DAY OF APRIL 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) 2a/reso/granta/Anirnal Control Grant ANIMAL SERVICES CONTRACT FOR PALM BEACH COU~'r'¥ A.~'IMAL CARE AND CONTROL DIVISION WEST PALM BEACH, FLORIDA This Contract i~ made ~s of the clay of ,2003 , by and be~,een Fhc City 9I' ~Cnereumte~ ret'erred to a~ AGENCY), a Flonch Municipal Corporation, and P~lm Beach County, a political subdivision of thc State of Florida, by and tlu~ugh Division of' Animal Care and Comro! ou ~hali' of the Board of County Commissioners, hcminnfler referred to as the COUNTY, for the provision of animal WHEREAS, ~he COUNTY provide~ vinous animal services; and WHEREAS, the AGENCY is ~ble to pro,de said services for compen.~mon. NOW, THEREFORE. in consideration of the mutual promises contained herein, the COUNTY and the AGENCY ~ a~ follows: ARTICLE 1 - ANI~4tL $£RVICE.,~ The AGEnCY's responsibility under this a~reement is to provide -n~,,al services, as more specifically set forth m the Al~9lication and Scope of Wo~ detailed in Exhibit "A'. The Asency shall provide animal scrwces during ~ period ~ through ~ ~. ~0o3. ARTICLE 2 - [IIKIMBURSEM~NT RATES FOR The COUNTY may rem~butse thc AG~rNCy for ser~c~ the AGENCY im~vidcd hereundcr within the Seogr',~phica! boundane~ of Palm Beach CountFatRle following rate~: -., A. FIELD OFFICER RESPONSE: 1. The me for providing AGENCY re~onsc to c~ll~ from the public to p~ck-up str~ or confined ammais within Palm Beach County and take the ammal to ~he AGENCY's Pshn Preach Cotmty shcitcr: Rate per Resp~:~ ]~. ADOPTION MEDICAL and CL~IC SERVICES: 1. The ra~ for provid~ spayhl$ or neuler~ micro-cJlippin~,, rabie~ inoculation and COUNTY rabies ta~ of an animal bein~ pre~ared for adoption to Beach Cotu~ resident adop~c. Rate I~ Coml~lete Procedure: ~110.00 fNota: Soav of _n__~__,~ne ~e~'ormed by the Palm ~-~--_~ C_~,,__~.W S~ay ~l~e:.- are not elieible for re~nburseme~.~ 2. The rate for ~he AGENCY'S routine adoption medical exam of an animal to be adopted by a Patm 8each County resident: S$0.99 C. KENNEIYSHELTERLNG: I. Tine daily per-diem co~ to house and feed $1ray or "owner relinquished" .animals fix~m Palm ~ County for up to five ($) days: ~ Invoices docmnemin[ the AGENCY's reimbursement request may be submitted to Animal Ca~ ~ Co,fo[ mol~hl~. T~ A~--'LrNCy shall receive no ~:omt~naaflon for perforl~l~ unde~ thia Contract exc~t a~ l~vided for ½e~m and ?'under ~o circunmanc~ ~hail the total value of all combined services exceed $ 30.000 (Thirty thousand dollars). Final Invoice: tn onler ~or both parties bemin to clnm~ ~ books ~d retorts, the AGENCY ' wall clearly sine "~1~" on ll~ AGENCY'S Rmi/last billing to the COUNTY w~thin thirty (30) days of the end of the n~tennnu period. ~ ¢~'t~ that all sen, ices have b~n properly performed and all cbar~s and costs have been invoiced to pnlm Be.a~.b Cotm~. S~ce t~s ~comlt will therenpon be closed, any and oth~ ~-ther charges, it'not properly included on this Rnal invoice, a.~ waived by the AGENCY. 'l'he COUNTY's repr~enmive will ~--v~ew invoie, es r~ceived ~om ~he AGE~fC¥ pm~-uam to the n~'eemem. If t~ invoice bas been dmetminM to be in with ~ a~ment, it w~ll be approved by the to ti~ Fi~m~ Depmmem COUN'r~s rupt~entative and then sent tot payment. Invoices will nm'n~iy be paid w~thin thirty/ (30) ay, follo~n8 the COUNTY reptesonta~ves apgmvnl ~ COUNTY' shall not be obli~ted to H~,vid~ tlm AGENCY w~th any fringe benefits. The COUNTY simH no~ be obli?t,~_ te witl~old U.S. income tax, witltbeldlne, et so.al ~ ts~ m~mpioymont~ et wotker'$ compensa~on paymen~ and any similar wi~beldin~s. If is ~ntlmns/y undm~o~ that the AGENCY is not em~t~ed t~ pa~ipate in ~1~ Stat~ Rm~remmt Pm~.am. 3- TI The services des~bed below a~ only applicable for the re~d~u~,~ment request submitted by the AGENCY in .'~t~¢le 2 above d~t occur et a~ ~meratud f~om witl~n Palm Beach County. · ~ .... u · ~que~ xot r~ml~ts~nm~ tl~ AGENCY a~'c-es to be gov~nod by the laws of tl~ Ststg of Florid~ and tl~ COUNTY which pertain to the ~annent, care. and sbeltem~ of ammatt A. F]T:/.D OI:~ICI~ RESPONSE = -' The AGENCY ~ respond to nil reqnests lot the pick up of stray or con_qned animaJs mthin the gnogtap~cal boundmes of the AGI~N~s norrnad working areas within Palm Beach County. For es~ Fie. Id O~et Rm~xmse that will be re~mbersed, as a min~um req~drement, ~ AO]~NC¥ ~ subtler ~ that record- the da~e and nme the n~lUeSt lot respons~ was n~.~ved by tl~ AGENCY; the name, phone mnnber, and add.ss of dm person making the reques~ tM loca~on of the pick up of the an~·~ a desertion of t~ mimal, in~udin~ i~s specie~ madrin~, s~, any ide~f~ng maddngs, tatl~os. ~D ~ coila~ and any other AGENCY specific numbe~in~ et loggtn~ of tbe animal; and ven~gat~n ~at the ~ was checked a~amst ~ COUNTY's "lo./found" database. B. ADOIV~ON MEDICAL AND CI. INICAt. SERVICES ~Ann~ ~be~ni~ad°~m ~om,.~ AGENCY sbnll be spay~ or n~ut~-d be.. the ~ ~, u~ anopter. A State of Flo~id~ licensed vetennman shall P.~~_~ msm~n.', ~ For eagh sp.y et neuter thru will be as · n~inunn, u~ AGENCY pr0cedu~ ~~ '" ,.ms, n? ~ms~ of Plo~da m~ tic, ens¢ number;, the ~,~.,,~u~ qmctl~g AGENCY ~nented ident~ficmion name or number &'iven to b enimai beinl spayed et n~m_=.,, th t~ m~fnrtum, of th~ --~-- .--.=-'- ~" u ~ et .c?~ number and frame Prim ne~h County eddies ~.~_.,p .m~ num~.tup m me enmm; the nnne ,/numbe~ issued ~'o~ tbe enimM, t u~ anopt~, and t~ Palm ~tes~ County ra~ies tag Aplmn~, available for adoption shah receive a medical evalua~on. For each in~tia~ medical exammmion that will be rsimburaed, es · rp~m,num, the AGENCY shall submit documents that record: the specific AGENCY' Senermmd idmmflcation name or 2 ev~t~ioa; · l/m~ of th~ schedule ofmedic~ioes or ~'e~uucat~ u a res"pon~e m ~he di,~nc~uc ~rndin~. C. Co~ ~n~ to ~ ~ ~ AG~ Mil ~ ~b~ ~ AG~, ~ a ~ s~l · ~ ~ ~c ~e ~ ~ I~ ~ s~l~ ~ is s~ at ~e ~1~ ~ a five (~) ~Y ~1~8 ~. ~E 4 - ~O~L ~e AG~ r~u ~ it ~ or M~ s~e m iu o~ ~ ~ n~ p~el of ny ~cl ofint~ wi~ ~ ~ I~ l~ to ~ s~ s~. ~Y ~ ~flY ~ pmf~o~ p~ncipl~ ~c~ for s~l~ s~. ~E S - AV~AB~I~ OF ~ ~O~s p~~ ~ obli~on to pay ~ ~ ~cnt is ~n~S~t u~n ~E 6- ~S~ A. AG~ ~ et iU ~ ~ ~c life of~ Con~ ~ ~ C~ ~li~ ~ A~ ~ ~ ~ cov~ on s ~ b~. ~ CO~ ~'t ~ ~ ~o~ ~md~ ~ AG~ m ~ m m~ o~ ~ & N~-~ Auto shah provide tlxis coveuse on a primary basis. The COUNTY may approve coveuses and limits ifr~quested by the AGENCY prior ~o ezeeution of the contract. '~s~n Wc"-~'r's C~on & Employers Liability in re:cord·ncc Mth Florida Statuto Chapter 4.~0. AGENCY' shall provide this coveup on t pr4~nary b&us. E. ~ AGENCY shah endoz3o the COUNTY &s an Additional Insured with ~ CG 2026 Addflionai Insured. Desi~_s~t__p,4_ Person or Organiz~on endors~nem, or its cqinvalent, to th~ Commemai General Liability. The Additional Insured Political S~division of the Sta~ of F~;~._ its O.'~---~:-~ ~..~[o'~ sad Ai~_.~_" AGENCY ,a,,q ~i~,vids tho Additional lnsur~l eudoucmm~ cover-aBe on a primary basis. F. Waiver of Subrofl ~t~__ AGENCY h~,z, waives any and ail rights of Subrogation apmst tho Count% its officers, employees md a~uts for er, h z~luired policy. When required by the insuru., or should & policy caudition not peflni! an insured to cate' into a pre-ioas qre~t~t to waive sub,pt·on wMmut an cndot~m~cnt, then AGENCY shall afr~e to notify ~he insuru, and request tbe policy be endm~ with a Waiver of' Tramfer of risbts of lt~ove~ As~inn Otbe~ or i~ ~luivelent. This Waiver o£ Subrosatiau reqwzumont slmli not apply Io any policy, which · condflmn to the policy specifically pmlu'bits such an ~dm~mun~ or voids cover·jo shouM AOI~i'CY enter G. Certlflentf(s) of lnsurnu,.- Prior to execution of this Contract, AGENCY deliver to tim COUNTY · Ccmfiea~s) of ~ evidencing that ail tlq~es and '" amounts of insurance coverqe requir~ by ~s Comm~ have been obtained and az~ in ~ force m~d effect. Such C. mificate(s) of lnsuranr, e shall include · minimum thirty C30) cLty endeavor to notify duo to cancellation or non.4.euewn] of coverage. Umbrella os' g*--~__ I ~_~ If necessary, AGENCY may satisfy the minimum limits required above for either Commercial General Liability, Business Auto L~ability, and Employes Li~_hili~y eoverqe umhn, Umbrella or Excess Liability. Thc UmbreLla or Excess Liability shall hnve an AjHrL,~fe limit not less than the highest "Each Occmmr, e" limit for either Commez~al Gonmd l. bbilit% l~usmess Auto "~diligi~Jalll~" on the Umh~h or Exeeas Liabih'ty, unless the Cemficate of bran-ante nmu the Umbreh or Excess Liability pmvidss covense on a "Follow- Form" basis. cooperation MW the comzmmf/momlorin~ dsperUn~ reserves thc fight to renew, modi~, rmct or a~q~t any requimi potb:bs of ~ ~,,-~-,~,. ,-'.- -. ,.,~,.~--~,,,.~.*,-~.~, .fmun hum ume to time throufhont the term of' *t~s ¢onuact ~..~ · rasm~.tl~ h~l, but not tl~ obli~atMn, to mvimv ~nd mie~t any in~ ARTICLE ?. INDEMNIPlCATIO~ To the ext~ penn·mM by law, AGENCY shall rally i~a~,,~fy and save harmless, COUNTY, its ot~S~,s and enzployse~ and ese. h and cve~ one of them, fzom and against all 1Ty COUNTY's surf attee~ or outside atmm~ snd any tees md ex'pemes mcun~ in enforcin~ this prov~siml (heruf~ colle~ivel7 refund to as '*lia~ifias~, to which any or afl of them may be sub~eetsd, as · diru~ or indira:t ruult of any personal injury or property 4 pe~ot~ o~ nonl~rfo~ of the A~ent. whe~sr or ~ ~ li~ifi~ ~ li~. ~ ~ ~ m j~ A~ ~1, ~n CO~s ~ def~ at AG~s ~le c~ ~y ~, cl~ ~ c~ of ~on or ~m~ ~ w~ch p~ ~ m~ ~m ~y n~i~ ~ or o~n ~ ~iI~ ~du~ of AG~CY, i~ o~ ~io~, ~A~ su~o~ ~ a8~ m ~ the ~~ or n~~ of ~e A~ wh~ ~ ~on, cl~ ~ ~ or~ or ~ ~fis well r~ ~ ~ ~ ~ e~ ~ ~ ~ d~i~ or j~ all~ li~ili~ ~ d~i~ ~ ~ ~ of ~ ~w~ is ~le to ~ CO~s ~ ~ ~1 ~~ ~ CO~ ~1 pay ~ ~on of~ ~ is ~ m ~ CO~s n~ ~ ~H~ ~-~ ~ ~ ~ ~ ~ C~ of ~ of ~ ~ ~ ~ ~ ~ in ~e A~ ~ nm ~ ~ ~ CO~ ~ ~ ~ ~ ~cle. ~ ~ of ~ ~cle ~! ~ve ~ t~ of ~ ~~ N~ h~ of ~li~ ~ ~ ~ r~ m L 76~.25, ~ S~ ~ ~ ~ ~ of~ ~~, ~ m ~i ~ of~ ~ ~ ~ ~ ~ ~ CO~ ~ ~ A~ ~ ~ ~let, ~ ~ ~ mY~ ~~ ~pm of~o~~of CO~~~~~,~llit~~~n~yn~or ~ n~ m ~o~ the ~n~ ~H ~ hem ~ ~ ~ Co~. No r~ ~ ~ ~ =y p~ ~ im~ m ~ =cl~ of~ o~ ~, ~ ~ ~ ev~ ~ ~ ~ or h~ ~ ~ I~ ~ ~ ~ or ~ ~ or o~. No A~ ~~ ~~ ~ ~m of~ CO~, ~ m ~ ~ A~ of~ ~ ~ ~fi~ ~ ~ ~ (30) ~ of~ of~~ by ~e AG~. ~K in ~ ~ of ~ CO~, ~ ~ b~ ~i~ in~~~~d~t~t~of~~t~A~,~ COUNTY siu~] so sine ia ~be no~c~ioa md ~ A~ ~ u ~ o~io~ ~ ~m ~ ~o~ i~ or ~ ~ ~ ~ ~ ~ ~t ~ ~c~ o~ in~ ~ ~t ~ ~ ~ to ~ CO~ ~ ~ AG~ ~d~ ~e of ~s Co~ ~E 11 - DI~O~ ~D O~~ O~ ~e AG~CY ~ d~ to ~ COL~'S ~~ f~ ~v~ ~d accep~ce, p~ by ~ for ~e CO~ ~ ~ C~ in~ ~ ~ ~mn~ d~]~ ~ ~ ~ ~ CO~ ~ nt i~ ex~e will i~y, ~ the CO~'S ~ ~ ~ ~ ~ by a I~ ord.. P~ ~ ~s Co~ f~ ~ ~ ~ ~'s ~ ~ ~ ~ r~ ~e CO~'S ~~ ~ ~~ ~ ~~ ~ of~ CO~. S~ ~iic R~ ~w). ~ co~, ~~ ~~ ~ ~ ~ ~ ~ o~se m~e m ~n ~ to ~1~ or o~ of ~ ~.~ ~ ~ ~Uon ~d ~liv~ of~ C~ ~ ~ ~~ of~ ~ ~~ h~y. ~s C~ ~ ~~ Con~, ~ ~ ~ ~ ~ or s~t of the CO~. ~ ~ ~ ~ ~y of ~e ~ ~ ~ ~ p~t to this Con~ ~ ~ ~ fi~ ~ ~ ~ pl~ ~ ~ m ~ A~'S sole ~on, ~~ ~ ~[. ~ A~ ~ ~i~ ~i ov~ ~e ~ ~d ~ m w~ ~a~ ~ ~ ~1o~ p~o~ ~ ~ ~ ~ ~ ~ ~ AGENCY'S ~~t Co~t~ ~ ~t ~ ~ ~ ~ of~ CO~. ~t or ~~ o~ ~ ~y ~ ~ ~ ~ ~n~ ~ ~ ~ ~ ~g ~ ~ ~ ~ l~ ~ (3) ~ ~ co~ietion of ~ AGra'S p~ of~ ~~ 14 - NO~~A~ON ~A~~~~~ofi~~~ equ~iy ~~ 1~ - KN~B~ C~ 6 with any pmv~sions of' thiz Conn=~t, ~ party a~es to bear its own momey's f'~ and costs. _ARTICLK 16. AUTHORITY TO PRACI'ICI~, 'l'he AGENCY hen:by represents and wan'ants that he/sbe has &nd will conlinue to maintain all licenses, designations, certifications and approvals requix~d to conduct his/her business, and That he/she Vail a~ all t~nes conduct its business activi{ies in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUI%'TY'S representative upon r~luest. ARTICLE ! ? * ~w-¥ERASiI.ITy If any term or provision of this Conu-act, or 0x: applic~on thereof to any penon or circumstances shatl, to any c~ent, be held invalid or unenforceable, the remnm4er of this Contract, or the ~21mlication of such terms or provisions, to peuons or circttm.q'.~es othe' than those ns to which it is held invalid or unonforceable, shall not be a~ccted, and every other t~nm and lmmvision of this Contr~t shall be dimmed valid and enforceable to the extent peflmtted by hw. ARTICLE 18 - NJBLIC ENTITY ~q As provided in F,S. 28'/.132-133, by ente~ into Otis ConU'act or performln.= any work m furtherance hereof, Om AGENCY cattifies tha{ he/sim, his/her a~ilia~es, sulmpti~rs, subcontrm~ors and AOENCYs who will pe~orm hercund~, have not been plnced on ~ convicted vendor list mnlntalned by 0me State of Florich 12~ent of l~ent Services witttin thc thifl'y-six (36) mond~ immediately pr~__~ins the date befool. This no{ice is required by Florida Statutes, Section 287.133(3Xa). ~,.qTmcLE 19- rqOT~9~- All noliccs required in the Con~ract qJ,.l! be sent by cc~tified mail, return receipt requ~s~ed~ and ifsen to the COUNTY'S reprnentmive shill be mailed to: County Administrator 301 North Olive Avenue West Palm fle&~it, Florida 33401 7100 Belvederu Road Wes~ Pabn Beach, ~orida 3341 l with a copy to: County Attorney's Office 301 North Olive Avenue West Palm Beach, Florida 33401 and if sent to the AGENCY shall be mailed to: with/copy to: City Attorney's Oflicc ARTICLE ~0 - CONTRACT TERMINATiO~ This Contracl may be canceled by the AGENCY upon thirty (30) day~ p~ior written notice to the COUN'rY's r,:presemative. It may also be terminated by the COUNTY, with or w~thout cause,/rnmediately upon written notice to the AGEI~CY. Unless the AGENCY is in breach of this Contra~ thn AGENCY sh~ll he paid /'or services rendered to ~he COUNTY'S satis/.action throuEh the date of termination. After r~:eipt or' a Termination l~otiee and except u otherwise dir=cted by the COUNTY, the AGENCY sh~ll: A. Stop work on the date and to the ~xtent spe~6ed. B. Ternmme and settle ~11 orders and subc, on~ relatm~ to the performance of the terminated work. C. Transfer all work in process, completed work, and other materials related to the terminated work to the COUNTY. D. Continue and complete all pans of'the woflt that have not bm tem,.inated. ARTICLE 21 - ~NTIRETY Olr COI~'TRACTUAL AGR~_g.MEN~ Th~ COUNTY and the AGENCY ~ that this Conira~ se~ t'onh th~ entire a~reement bet-,vee~ th~ part~es, and thnt fi'mrs ar~ no promises or understandings o~her ~ those stated h~in. None of the provisions, terms and conditiom contained in tiffs Contract may be added to, mod/tied, superseded or oth~rwis~ alte~,d, except by wnttm instalment exe~.'uted by the pm~es hereto. ; . IN WTTNESS WHIP'OF, the Board or' County Commissioners of P~lm Beach Cou/lty, Florida has tilde a.qd exec~lted t~s Co~ti-d~ o1~ be~f of* the COUNT~ a,'ld ~¢ AGENCY ~ hermunto set its ~ ~e day and year above writ~n. Dorothy H Wilken, Cle~ PALM BEACH COUNTY, FLORI~^ BOARD OF COUNTY COMMISStO~fERS By: By:. Deputy Clsrk ~ By:. By:. City Clntt Mayor APPI~OVED AS TO FORM AI~ LEGAL SUFFICIENCy By:. City Attorney V.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.10 AGENDA ITEM REQUEST FOK Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Ci~ Clerk's Office Meetin~ Dates m to City Clerk's Ott]ce [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 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 1.~ [] Consent Agenda [] Public Hearing ~ [] Code Compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Approval of Resolution of Public Necessity for purchase of property in the SE part of~ Ci a fire station. ~' EXPLANATION: The City staff and the Urban Group have been seeking a 1.5 acre site (approximate) for a new"yltre The City staff has identified a number of sites generally along Federal Highway south of Woolbright and north of SE Avenue. The Fire Department has determined this corridor to be optimal for providing fire service response in the SE quadrant of the City within the target response time of 4 minutes or less. In addition, the priority of the site is a location east of the FEC RR. Unfortunately, a number of parcels which were attractive for a fire station were either not available due to complex relocation needs (a church property), inflated values due to pending development or actual approval of multi-family developments (south side of Golf Rd. between Federal Highway and the FEC RR.) The resolution allows the staff to proceed with negotiation of the purchase of the property. PROGRAM IMPACT: Purchase of the property allows the construction of the fire station. FISCAL IMPACT: Appraised value of the property is $17.14/sq. ft, which is higher than the $12.00/sq. ft. estimated in 2001. This is due, in part to the location of the subject property, which has vehicular access on both Federal Highway and SE 18th Ave. and the fact that this parcel has a building on the property that may be suitable for adaptive re-use. The staff preferred a vacant parcel but none was available in the corridor. ALTERNATIVES: Do not authorize resolution and direct staff to look at other sites outside the desirable service corridor in areas that may not be consistent with the goal of reducing emergency response times. Department Head's Signature City Manager's Signature / Department Name city Atto fl, rFTfi'ance / }tuman Resources S:'d3ULLET[NWORMSkAGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC 5 NECESSITY OF ACQUIRING ONE (1) PARCEL OF PROPERTY ~ FOR THE PURPOSE OF CONSTRUCTING A FIRE STATION ? WITHIN THE CITY OF BOYNTON BEACH, FLORIDA; 8 PROVIDING FOR CONFLICTS; PROVIDING FOR 9 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 3.0 3.1 WHEREAS, the acquisition of property to construct a fire station and is a matter of 12 great importance and concern to the residents of the City of Boynton Beach; and :1.3 WHEREAS, the parcels of land designated as Parcel 1, as more particularly 3.4 described in Exhibit "A" attached hereto, is required to better accomplish the public 3. S purpose described above and further the general health, safety, and welfare to the citizens of 3. ~ the City of Boynton Beach, Florida; and 3.7 WHEREAS, the area designated as Parcel 1 has heretofore been located and 18 surveyed and the property is needed for the acquisition of property to construct a fire station; 1 9 and 2 0 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 2 2 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and 2 3 confirmed as being tree and correct and are hereby incorporated herein. All exhibits attached 2 4 hereto are hereby incorporated herein. 2 5 SECTION 2. It is necessary, serves a municipal and public purpose, and is 2 6 in the best interest of the City of Boynton Beach to acquire property to construct a fire station. vo. 2 7 SECTION 3. That the property described in Exhibit "A" attached hereto as 2 8 Parcel Number 1 be and the same is hereby ratified, confirmed and found to be necessary for Kd.E/Imf S:\CAXRESOheire Station~necessity reso .doe Page 1 of 3 1 acquiring property to construct a fire station. The City of Boynton Beach shall acquire fee 2 simple title to said property by gift, purchase, or eminent domain as described in Chapter 166, 3 Vlnrida ~qtan~te..~ and Chapters 73 and 74, FlnHdn .qtamte,~, That acquisition of said parcel for 4 this project is necessary and serves a public purpose. 5 SECTION 4. The City Attorney shall first attempt to acquire the property 6 through negotiations at a price agreeable to both the sellers, if found and determined, and the 7 City of Boynton Beach; however, if such negotiations fail within a reasonable time fi.om the @ enactment of this Resolution, the City Attorney or the City Attorney's designee is authorized 9 and directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in :1. 0 the exercise of Boynton Beach' powers of eminent domain for the purpose of acquiring the :1.1 parcel described in Exhibit "A" attached, hereto and is further authorized and directed~to ~o all :1. 2 things necessary to prosecute such lawsuit to final judgment. In pursuit of such authorization :1. 3 and in direction, the City Attorney or his assistant or designee, is specifically authorized to 14 sign and file a Declaration of Taking so that the City may avail itself of the provisions of :1.5 Chapters 73 and 74, Florida Statutes, and the City Attorney or his assistant is further :~ 6 authorized to accomplish the acquisition of said parcels by settlement and compromise in 17 those instances where same can be effected in accordance with the terms, conditions, and 1 @ limitations established from time to time by the Boynton Beach City Commission. 19 SECTION 5. All resolutions or parts of resolutions in conflict herewith are 2 0 hereby repealed to the extent of such conflict. 21 SECTION 6. If any clause, section, other part, or application of this 2 2 Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in 2 3 part or application, it shall not affect the validity of the remaining portions or applications of KLEAmf S:\CAkRESO~ire Station'~ecessity reso .doc Page 2 of 3 this Resolution. SECTION 7. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this ~ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner~ Commissioner City Clerk Ki.F.~mf S:\CAkRESO~Fire Station~n~:essity reso .do~ Page 3 of 3 F~I-II~IT "A" pAI~CI~.I. NO 1 The North 275 feet of the South 1735 feet of that part of the East i/2 of the North East 1/4 of Section 33, Township 45 South, Range 43 East, lying West of the Dixie Highway (U.S. Hwy No. 1), less the West 354.23 feet thereof. Less and except the following: A parcel of land lying in the Northeast 1/4 (NE 1/4) of Section 33, Township 45 South, Range 43 East, all lying West of Dixie Highway (U.S. Hwy No. 1) Boynton Beach, Palm Beach County, Florida, said parcel being more particularly descried as follows: Commencing at the Southwest comer of the East 1/2 of the Northeast 1/4 (NE 1/4) of Section 33; thence with an assumed bearing of North along the West line of the East 1/2 of the NE 1/4 of Section 33, a distance of 1735.04 feet; thence South 89o26' 00" seconds East along the South Right of Way line of SE 18~ Avenue, a distance of 438.32 feet to the Point of Beginning; thence continue South 89o26, 00" seconds East, a distance of 383.06 feet to a point on the West Right of Way Line of said Dixie Highway (U.S. Highway No. 1); thence South 06008, 15" see~nd~ West along the Westerly Right of Way line of said Dixie Highway (U.S. Highway No. 1) a distance of 110.52 feet; thence North 89o26, 00" seconds West, a distance of 372.49 feet; thence North 00o38, 28" seconds East, a distance of 110.00 feet to the Point of Beginning. V.-CONSENT AGENDA ITEM C. 11. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 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) t_J May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon)~ ~ [] Administrative [] Legal 'g" ~ ''< NATURE OF [] Announcement [] New Business ~ AGENDA ITEM [][] ConsentCity Manager's Report [] Presentation r.~'~' Agenda [] Public Hearing ~ me.~ [] Code Compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Authorize and approve the Scope of Services for the 2003-04 Fire Assessment Work Plah with Government Services Group, Inc. at a cost not to exceed $20,000 EXPLANATION: This letter dated February 3, 2003 from GSG represents a recap of the 2002 Fire Assessment program and a proposal to provide professional services for the 2003-04 fire assessment program. The City Commission conducts an annual review of the Fire Assessment program with specific authorization to proceed by a rate resolution. See attached GSG Appendix A detailing Scope of Services (Tasks Nos. 2 & 3 are recognized as incorrectly identifying the City as the responsible party, GSG is responsible for all 7 tasks listed in appendix). PROGRAM IMPACT: This work is anticipated and necessary to assist staff in preparing a recommendation to the City Commission for a 2003-04 Fire Assessment. The purpose of the analysis is to evaluate the necessary costs and prepare a recommendation to the City Commission for July 2003. The City Commission makes the policy decision as to the Fire Assessment Rate. FISCAL IMPACT: Funds for this work are included in the City Budget. Please note the proposal from GSG does not include the cost of preparing and mailing legal notices to property owners. This is also included in the Budget. Also attached is a copy of GSG's staff hourly fee schedule, these fees may be charged for additional services as requested by the City ALTERNATIVES: Staff to prepare documentation for the Fire Assessment program. Not recommended. Do Note, approve the authorization to prepare an analysis a~cost - Not recommended. ~3 Depa~ent Head,s Signa~e ~~ t - City Manager's Signatur~ ~ v~'e~'a~Department~"'' NameA]~ 5' 5 .t(~__ C{ty~tZ ~iS9~Attomc£y'7 ~"tl{ance / Human Resources S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION 'OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING APPROVAL OF THE SCOPE OF SERVICES FOR THE 2003-04 FIRE ASSESSMENT WORK PLAN WITH GOVERNMENT SERVICES GROUP, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission conducts an annual review of the Fire Assessment with specific authorization to proceed by a rate resolution; and WHEREAS, the Scope of Services for the 2003-04 Fire Assessment Work Plan with Services Group, Inc. will assist City staff in preparing a recommendation for the ~3-04 Fire Assessment program to be presented to the City Commission in July 2003; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does authorize approval of the Scope of Services for the 2003-04 Fire Assessment Work with Government Services Group, Inc., a copy of which 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 Commissioner ,T: Commissioner Clerk ;:\CA\RESO\Fire Assessment Resos\Fire Assessment Scope of Services 2003.doc =m- .................. DEDICATED TO SOLVING FUNDING AND SERVICE DELIVERY ISSUES IAI THE PUBLIC SECTOR February 3, 2003 VIA FACSIMILE TRANSMISSION AND U.S. MAIL Mr. Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: Fire Rescue Assessment Program: Annual Services Dear Kurt: The City of Boynton Beach (City) complet~ed its second year of the annual asse~srl~nt program for fire rescue services it initiated in Fiscal Year 2001-O2. Government Services Group, Inc. (GSG) and Nabors, Giblin & Nickerson, P.A. (NG&N) originally assisted the City in successfully implementing this recurring revenue source in its initial year and transitioning the assessment program from a separate bill to the tax bill collection method. GSG assisted in maintaining the annual assessment roll for the City this past fiscal year (technical/administrative assistance), although the City was required to use the Truth-In-Millage (TRIM) notice to provide notice to property owners of the proposed assessment. NG&N prepared all implementing legal documents (legal assistance) required by the City's home rule assessment ordinance and section 197.3632, Flodda Statutes. As we discussed when the assessment program was initiated, the City has several options to maintain the fire rescue assessment program on an annual basis, as follows: (1) Maintain the fire rescue assessment program (both technical/administrative and legal functions) in-house; (2) Contract for annual maintenance services with an outside consultant (both technical/administrative and legal functions); (3) Contract for technical/administrative functions with an outside consultant and maintain the legal functions in-house; (4) Contract for legal functions with an outside consultant and maintain the technical/administrative functions in-house. Mr. Kurt Bressner February 3, 2003 Page 2 We believe the City would benefit from the continuation of our services. In the ever- changing legal framework that dictates all non-ad valorem assessment programs, we have demonstrated our ability to weave our extensive knowledge of special assessment case law with current-day fire rescue service delivery issues to ensure continued legal defensibility of the fire rescue assessment methodology. Accordingly, I have enclosed a proposed scope of services, fees, deliverables and payment schedule to assist the City in the update of the fire rescue assessment program that addresses the second option (i.e., contract for annual maintenance services with an outside consultant - both technical/adm inistrative and legal functions). We would appreciate your review of the attached scope of services. Upon your review, we would be happy to discuss the proposal and your determination regarding the City's intent. We would like to receive your notice to proceed as soon as possible, but no later than March 2003. In this manner, we can accommodate your requests and pro~!de you with thoughtful and deliberate attention to ensure the continuation of this~ suCCessful recurring revenue source. ~. "' ~ If you have any questions, please do not hesitate to contact Virginia Delegal of NG&N or me. We look forward to working with the City of Boynton Beach this upcoming fiscal year. Sincerely, Camille P. Tharpe Icpt Enclosures cc: Virginia S. Delegal APPENDIX A ANNUAL FIRE RESCUE ASSESSMENT PROGRAM SCOPE OF SERVICES APPENDIX A ANNUAL FIRE RESCUE ASSESSMENT PROGRAM SCOPE OF SERVICES GSG and NG&N will perform the following tasks necessary to update the City's existing non-ad valorem assessments to evaluate continued legal sufficiency: Task 1: Evaluate data related to fire rescue services. Re-evaluate, and revise if necessary, the City's existing legal documents, ad valorem tax roll information, fire call data, agreements, reports and other data pertaining to the provision of fire rescue services. Task 2: Determine full cost of fire services. The City will identify the full cost of the fire rescue service delivery using the City's most current financial information and identify service delivery issues, which may affect the apportionment methodology. Identify the alternative sources of revenue to fund the service delivery costs and determine the net service delivery revenue requirements. Task 3: Determine total revenue requirements. The City will determine the total fire rescue assessment revenue requirements-to ensure the City recovers the costs of: (a) net fire rescue service delivery revenue requirements,. (b) implementing the pi'ogt~m and (c) collecting the assessments. Task 4: Update the apportionment methodology. Using the ad valorem roll and existing assessment roll, updated fire rescue incident data and revenue requirements, revise the apportionment methodology and apply to the assessment roll database to test the data validity and legal sufficiency. Revise the apportionment methodology, as necessary. Task 5: Calculate proforma schedule of rates. Calculate proforma schedule of rates based on the apportionment methodology and revenue requirements for the Fiscal Year 2003-04 assessment program. Task 6: PrePare legal documents. Draft all legal documents to conform to the service assessment ordinance to impose the updated fire rescue assessment to implement the City's policy decisions and proposed methodology. Task 7: Assist in implementation procedures. Advise and assist with the legal requirements for the adoption of the final assessment rate resolution and certification of the assessment roll in accordance with Section 197.3632, Florida Statutes including: a) development of assessment roll to be used in the TRIM notification or first class notice process, b) publication of the public hearing, and c) the certification of the assessment roll to the Palm Beach County Tax Collector. A-1 Fee and Costs The lump sum fee for the proposed scope of services is $20,000. The lump sum fee will be due and payable on a quarterly basis (assuming notice to proceed occurs by March 1, 2003) as follows: Payment Schedule 25% of lump sum fee April 2003 25% of lump sum fee June 2003 25% of lump sum fee August 2003 25% of lump sum fee October 2003 The lump sum fee includes expenses related to actual costs associated with photocopies, long distance telephone charges, and overnight delivery services. The annual lump sum fee for professional services does not include any on-site visits by representatives of GSG and NG&N. Any on-site meetings (together with any actual costs associated therewith) may be arranged at our standard, houdy rates. Special Note: The lump sum fee does not include the costs of producing and mailing the statutorily required first class notices, which will depend on the number of assessable parcels of property within the City. Mailing and production costs average approximately $1.25 per parcel, with that amount due and payable at the time of the adoption of the preliminary assessment resolution. Additional Services GSG and NG&N are dedicated to govemmental problem solving. Our practices and business are purposely limited to assisting governments in a myriad of ways. GSG and NG&N possess the ability to work effectively with local government staff and officials to provide specialized assistance in developing innovative and efficient solutions for government. Accordingly, on an hourly or negotiated fee basis, either or both GSG and NG&N shall be available to provide additional services to the City on finance, revenue or other local governmental matters. A-2 APPENDIX B ANNUAL FIRE RESCUE ASSESSMENT PROGRAM CRITICAL EVENTS SCHEDULE FISCAL YEAR 2003-04 APPENDIX B ANNUAL FIRE RESCUE ASSESSMENT PROGRAM CRITICAL EVENTS SCHEDULE FISCAL YEAR 2003-04 EVENT SCHEDULE Notice to Proceed March 2003 Review/Update Apportionment Methodology March - June 2003 Update prior Fiscal Year Assessment Roll June-July 2003 City Determines Net Revenue Requirements June - July 2003 Calculate/Confirm Annual Assessment Rates June - July 2003 Preliminary Rate Resolution June- July 2003 TRIM Notices June - August 2003 Published Notice June-August 2003 Annual Rate Resolution July-August 2003 Certify upcoming Fiscal Year Assessment Roll by September 15, 2003 B-1 V.-CONSENT AGENDA ITEl4 E.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be 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 l, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Adminis~ative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 15, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-071. EXPLANATION: PROJECT: Schnars Business Center (ZNCV 03-002) AGENT: Jeffi'ey T. Schnars OWNER: 924 Venture L.L.C. LOCATION: 924 North Federal Highway DESCRIPTION: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 6, Article IV, Section 1.A.3, requiring parking lot driveways to be located 120 feet from the Intersection of the right-of-way lines along streets of higher classification to allow a 13 foot variance, resulting in a distance of 107 feet from the intersection of Federal Highway and N.E. 9m Avenue for a proposed office/retail building. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERN~ ~ Devel~ent Del~rtment Director City Manager's Signature Planning and Z~ning ~ City Attorney / Finance / Human Resources SAPIanning~SHARED\WPXPROJECTSXSchnars Business Ctr~ZNCV 03-002~Agenda Item RequestSchnars Bus. Ctr ZNCV 03-002 4-15-03.dot S:XBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-071 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission THRU: Michael W. Rumpf Director of Planning and Zoning FROM: Maxime Ducoste ~ Planner DATE: March 25, 2003 PROJECT NAME/NO: Schnars Business Center Variance/ZNCV 03-002 REQUEST: Relief from the City of Boynton Beach Land Development Regulations, Chapter 6, Article IV, Section 1.A.3., requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 13-foot variance, resulting in a distance of 107 feet from the intersection of Federal Highway and N.E. 9th Avenu_.e fo~ a proposed office/retail bu~Tding. PROJECT DESCRIPTION Property Owner: 924 Venture L.L.C. Applicant/Agent: Jeffrey T. Schnars Location: 924 N. Federal Highway Boynton Beach, FL Existing Land Use/Zoning: General Commercial/C-4 (West Parcel), Mixed-Use/Single-Family R-1-A (East Parcel) Proposed Land Use/Zoning: Mixed-Use (MX)/Mixed-Use Low (MU-L) Proposed Use: Professional offices and retail Acreage: 0.52 Acre (22,838 square feet) Adjacent Uses: (see Exhibit "A" - Location Map) North: N.E. 9~ 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: 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. Staff Report Memorandum No PZ-03-071 Page 2 BACKGROUND The subject property, owned by 924 Venture L.L.C., is located at 924 N. Federal Highway. The agent, Jeffrey T. Schnars is requesting relief from the above-referenced Land Development Regulations which requires that parking lot driveways be constructed at least thirty (30) feet from the intersection of the right-of- way lines along local streets, and one hundred twenty (120) feet from streets of higher classifications. The Schnars Business Center proposal included two (2), new driveway entrances measuring 24 feet wide providing ingress and egress along North Federal Highway and N.E. 9th Avenue. The entrance driveway on North Federal Highway is proposed to be located approximately 107 feet from N.E. 9th Avenue. This proposed driveway is located on a major artedal (Federal Highway), therefore, the 120 foot separation from the intersection is required. As indicated on the site plan previously reviewed by the Community Redevelopment Agency Board on February 11 th, 2003, the applicant is proposing to construct a new three (3) story, 8,754 square foot office / retail building located at the southeast comer of North Federal Highway and N.E. 9th Avenue (see Exhibit "B" - Proposed Site Plan). The subject parcel is approximately 0.52 acres in size with approximately 130 feet of frontage along North Federal Highway, and 143 feet of frontage along N.E. 9~h Avenue (see Exhibit "C" - Survey). The special lot condition that exists for the subject property, is the short frontage distance along the North Federal Highway right-of-way. As such, adding a ddveway access point on North F..ede,~al Highway that complies with the City ordinance requirement of 120 feet and provides a feasible site design-is challenging. The proposed ddveway is located 107 feet south of the intersection. Therefore, the applicant is requesting a vadance of 13 feet. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district underthe terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that wi#make possible the reasonable use of the land, building, or structure. f. That the grant ~f the variance wi~~ be in harm~ny with the genera~ intent and purp~se ~f this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested vadance focusing on the applicant's response to the above criteda contained in Exhibit "D", as well as site restrictions, and proposed design requirements. Staff has determined that minimizing traffic impact at this location is a partial justification for granting this variance. In order to satisfy Staff Report Memorandum No PZ-03-071 Page 3 the Land Development Regulations, the driveway along North Federal Highway would be placed 120 feet from the intersection of N.E. 9th Avenue to the edge of the driveway's pavement. This scenado would leave no additional linear footage necessary to provide the 24-foot minimum driveway width as required by code. This scenado would also result in the elimination of required parking spaces to support this office/retail project, and create inefficient intemal vehicular traffic circulation. The Federal Highway ddveway minimizes the impact of the project traffic onto N.E. 9th Avenue. If there was only one project entrance at N.E. 9th Avenue, traffic exiting from the site could back up into the interior driveway of the project when waiting at the intersection light and further congest the secondary roadway and adjacent residential neighborhood. A second driveway on North Federal Highway lessens this potential traffic problem. It should be noted that the proposed driveway located at N.E. 9"~ Avenue is replacing an original platted alley with a proposed easement, in the same location (ABAN 02-003). This will allow accessibility for the existing utilities. If the existing utilities are being repaired, this site can still be accessed from the North Federal Highway driveway. The Flodda Department of Transportation is the permitting authority for access onto Federal Highway. The Florida Department of Transportation, has no objection to the proposed driveway, and has issued conceptual approval (see Exhibit "D"). In keeping with the City's Land Development Regulations, the applicant's response to the above cdteria is included within Exhibit"D" Statement of Special Conditions justifying the requested variance. In summary, granting this vadance is justified for the following reasons: a. A special condition exists which is peculiar to the subject property; b. The literal interpretation of the provisions of this ordinance would depdve the applicant of dghts commonly enjoyed by other properties similarly zoned; c. The vadance requested represents the minimum vadance needed to utilize the western side of the property for access (the proposed ddveway is located at the southern extent of the property, the farthest distance possible from the intersection); and d. That the granting of the variance would be in harmony with the general intent of the regulation to promote safe and adequate traffic circulation. RECOMMENDATION. Based on the analysis contained herein, Staff recommends that the requested vadance be approved. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "E" - Conditions of Approval. MWR/MD S:~Planning~SHARED\WP~PROJECTS~Schnars Business Cente~ ZNCV 03-002~STAFF REP.doc Location Map EXHIBIT "A" SCHNARS BUSINESS CENTER - _N F_L12_TECA_V_ F - _ ~, ~~3, ~' - .... ,, - ~ ~,~,~E~ ~ .- PU I R1A ~_ = NE 6TH CT $ '" EXHI B ,.,,~ ~ ~.~ .,..] ~! "" ;~,. ~,,~ i~ -,.~-----.~_. ii ~-,'----- ' . ~ ......-~ Iii ~, ~ I .' ,j I ' '~ ~:.~' U i~ ~ ~ ii ~ i '""' -::,:l : i:iti~:: : I: :lI ] ... i~VL~ I I~ I--^1 IlL) ~, ~ ~ ~~ ~- ,,,, ...... ,...., :~:::;:~: i!i'l~I I0 ~ ~-oI ,_/f!~1~., SCH~RS BUSINESS CENTER EXH BIT "B" : I = ~ ,:~ L ;. ~ ~:----~ i~ ' ~'r 'rI -,_ :,::,, i .,- :. : : , . :~ k ~~[ I ~ ~': EXHIBIT "C" · -, .l,lJl!l BOUNDARY AND TOPOGRAPHIC SURVEY ~EITH STATEMENT OF: SPECIAL CONDITIONS Schnars Business Center Code Variance Application Item 5 A. Frontage along Federal Highway is only 140'. B. Special conditions were not caused by applicant. C. Will not confer any special privileges. D. Ordinance would deny applicant a driveway connection on Federal Highway. E. Proposed driveway connection is at the south property line. F. Driveway connection will not be detrimental to the public welfare. We have received conceptual approval from FDOT for the new connection. EXHIBIT "D" Florida Department o{ Transportation District Four- Permits Office JEB BUSH 3400 West Commercial Boulevard. Fort Lauderdaic, Florida 33309-3421 THOMAS F. BARRY. JR. GOVERNOR Telephone: 954-777-4383, 866-336-8435, Fax: 954-677-7893 SECRETARY clark.turber'ville(~dot.state.fl, u~ January 23, 2003 THIS PRE-APPLICATION FINDING MAY NOT BE USED AS A BASIS FOR PERbIIT APPROVAL AFTER JANUARY 23, 2003 THIS DOCUMENT IS NOT A PERMIT APPROVAL Mr. Jim Mahannah, P.E. Sclmars Engineerm~ Corporation 951 Broken Sound Parkway, Suite 108 Boca, Flor/da 33487 Dear Mr. Mahannah: RE: pPra~p_~li, c~ahtioc, n~,~e~v..ier ~w.~fo~r C~at?~or~.~C ~Vre~c,u,l,a~ Ac,,cess, Connection (VAC) permit request ~tate ~ection 93010, State Road 5, Approx. M.P. 2.2, Location: SF. 9e Ave. & US-I t'osted Speed 35 mph¢ Access Class 7 Request: Right-in, r~ght-out VAC 100 feet south of NE 9 Avenue. pp licant~ 924 Ven. m,r,e, LLC, Prope_rry Owner: Ruth Dolly usiness r~ame & ~aaress: Schnars Business Center, 924-N. Federal Highway A Pre-application Review of the subject ~rgject was con.ducted at your request Janu .ary 23, 2003 and category of VACs to the State highway. 'If you believe me category assigned above is incorrect, please provide supporhng data. We have given the ~lan, as presented, as [horough a review as possible at this point and our comments or findings are as follows: · We approve the concept as presented with the following considerations. · Please incl.u, dea copy of this letter with your request for continued pre-application review or permit application. · Applicanfdid provide current survey ~ site plan x traffic study ~ relating existing _~x Conditions: Parking space to be set back a minimum of 25 feet from edge of pavement. · ~a~OronvfeOc~' ' ' _dr_ai~_.age irr~acts, i.s r.equired.. Dewa[e, rm~[ to right-of-way not permitted. · ,-. yjJp~.u .~u. meux.an ,use ts su,jec, r to rev~s~on w~m suosequent projects. · e.~ea opjec~ m conrrpt zones must meet cons~'ucuon criteria · Dimensions ~etween teatures are fxom the near edge of each feature unless otherwise indicated. ,~,~vVprable review of ~e p,ropps.al gener, a.lly means th.at you .may. develop pl _ans complying with the xew co .rcments aha suorrct m.?.rn~ w}tmn sxx mon ~tl~s, to me. ~e. par[rn_ ent lorperniit processing. ~ernse~ pe, ,rrpa/reques,~s_.are su, oFuu, e.a su. pseq.u?g,t, to a r.re-a~pt, muon v,.~v,ew, Department ~errmts ap~¢?_mJ_et.__~_g,e .,m~e ouches ~o~ cne.cr,.mg m.e,,v~a, mnty ot~.e,d~s~gp p. lar~_ re. terms of standarcrs co .mpliance au co, tm. cu, mn~. tn.e ~eparunent ,.win an. empt to a.9~p.e w~ ~e_. Kev~ew comments favorable to your ptan to me extent ma~ necessary a~screUon ~s avauat~te to the vermits Eneineer. Unfavorable review generally means that a perrmt application based on the design proposal'would likely be denied. If you should have ~any qu.e.stions l~lease contact us at the telephone number or e-mail address shown above. Thank you mr vxs~tmg wire us. Sincerely, ~..~/" ~.--- ........ ' Clark D. Turberville, P.E. Dislrict Permits Engineer CDT/jma Cc: Heslon D. aley Alan Rotnmarm Andy Vaillancourt, P.E. File: s:\pcrmit_d\permits~conceptu\Palmbeac\924 Venture - SR 5 ~RECYCLED PAPER EXHIBIT "E" Conditions of Approval Project name: Schnars Business Center File number: ZNCV 03-002 l'r~.~ 1~I ~II~U, DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Conunents: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Conanents: None X PARKS AND RECREATION Co.~.;ents: None X FORESTER/ENVIRONMENTALIST Conm-xents: None X PLANNING AND ZONING Comments: None X COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. SSPIanning\SHARED\WPXPROJECTS\Schnars Business CtrXZNCV 03-002\COA.doc J:\SHRDATA\PLANNING\SHARED\WP\FORMS\BLANKS FORMS \COND. OF APPROVAL DuFour 04-24-01 .DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Schnars Business Center APPLICANT'S AGENT: Jeffrey T. Schnars APPLICANT'S ADDRESS: 951 Broken Sound Parkway Suite 108 Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 15, 2003 TYPE OF RELIEF SOUGHT: Relief from the City of Boynton Beach Land Development Regulations, Chapter 6, Article IV, Section 1.A.3., requiring parking lot driveways to be located 120 feet from the intersection of the right -of-way lines along streets of higher classification to allow a 13-foot variance, resulting in a distance of 107 feet from the intersection of Federal Highway and N.E. 9th Avenue for a proposed office/retail building. LOCATION OF PROPERTY: 924 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boyn'ton~. Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "E" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr~.NCV 03-002\DO.doc V.-CONSENT AGENDA ITEiVl E.2 CITY OF BOYNTON BE.4 AGENDA ITEM REQUEST l, vt Vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] 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 l, 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 RECOMMENDATION: Please place this request on'the April 15, 2003 City Commission Agenda under - Consent Agenda. The Community Redevelopment Agency Board with a failed motion to deny (with a 3 to 3 vote) forwards this item to the Commission without a recommendation. The City Commission may review and act upon this request, or defer it back to the CRA providing the opportunity to arrive at a recommendation after further discussion. For further details pertaining to the request, see attached Deparunent of Development Memorandum No. PZ 03-067. EXPLANATION: PROJECT: Boynton Beach Marina (MSPM 03-001) AGENT: Lawrence Justiz, TRG-Boynton Beach, Ltd. OWNER: TRG-Boynton Beach, Ltd. LOCATION: 743 NE 1st Avenue DESCRIPTION: Request for Major Site Plan Modification to increase multifamily units to 338 and add 12 town.house units, decrease commercial/retail space to 24,591 square feet, increase garage parking spaces to 740 spaces, increase total project height to 168 feet, and other related site modifications. PROGRAM IMPACT: N/A FISCAL IMPACT: ~1 N/A d~ Planting ~ zomg Dk~ Ci~ Aaomey / Finance / H~ Reso~ces S:~lanning~DX~ROJECTS~A~A~SPM 03~l~g~da Item Request Boston Beach M~na MSPM 03~1 4-15~3.dot S:~ULLE~O~S~GENDA I~M ~Q~ST FO~.~ DEVELOPMENT DEPARTHENT PLANNTNG AND ZONZNG DI'VZSZON MEMORANDUM NO. PZ 03.067 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zonin~Djrector FROM': Lusia Galav, A~[CP-~,~ Principal Planner~,' DATE: March 19, 2003 PROJECT NANE/NO: Boynton Beach Marina/MSPM 03-001 REQUEST: Major Site Plan Modification PRQ3ECT DESCRZPI'ZON ~ ~ Property Owner: TRG-Boynton Beach, Ltd. Applicant/Agent: TRG-Boynton Beach, Ltd./Lawrence ]ustiz Location: 743 NW :~s~ Avenue Existing Land Use/Zoning: Mixed Use (MU)/Mixed Use-High (MU-H) Proposed Land Use/Zoning: Mixed Use Core (MXC)/N/A Proposed Use: Mixed Use including Residential Mul:i-family, Townhomes, and Commercial. Acreage: 7.349 acres Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north city lift station and undeveloped land zoned CBD; South: Right-of-way for Ocean Avenue and farther south Ocean Plaza shopping center zoned CBD; East: Right-of-way for NE 6m Street (Marina Drive) and the ]:ntracoastal Waterway; and West: Developed Property (First Financial Plaza) zoned CBD. Staff Report (MSPM 03-001 ) Memorandum No PZ-067 Page 2 Project size: Total Area 7.349 acres Dwelling Units: 338 Multifamily units 12 Townhouses New Commercial: 17,591 square feet Restaurant: 7,000 square feet Site Characteristics: The subject site is currently vacant. BACK~ROUND Proposal: In 1997, the City of Boynton Beach approved the latest site plan for the Marina. The site plan for the subject site included one, eight-story building containing 220 rental apartment units with 8,262 square feet of commercial located on the first floor. Connected to the apartment building was a 605 space parking garage. A 6,130 square foot two-story rest~aurant building was also proposed for the s ~ubje~ site. In September 2002, the City of Boynton Beach approved a Major Site Plan Modification to the 1997 site plan for the new owners AERC of Virginia, Inc. The modification included:two (2) nine-story apartment buildings containing 282 units connected by a 751 space, seven (7) story parking garage. The first floor of both apartment buildings contain 10,000 square feet of retail commercial. The project has once again changed owners. With this application, the new developer, TRG-Boynton Beach, Ltd., proposes to construct two 15 story buildings and one seven (7) story bulding connected by a 740 space parking garage. The first floor of these buildings wil contain 17,59:~ square feet of commercial space. In addition, the applicant proposes to construct 12 townhouse units along the pier adjacent to the north Marina. The proposed restaurant was a feature of the 1997 site plan. ANALY~ZS Concurrency: a. Traffic - A traffic statement for this project was approved by the Palm Beach County Traffic Division. b. Drainage- Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Conditions of Approval). Driveways: There are two vehicular entrances for the project into the parking garage. There is one entrance/exit off Marina Way and one entrance/exit off of Boynton Beach Staff Report (MSPM 03-001 ) Memorandum No PZ-067 Page 3 Boulevard. Both entrances have a 12 foot ingress lane and a :~2 foot egress lane. All other entrances to the project Buildings #1, #2 and #3 are for pedestrians only. The townhouses proposed for the Marina are accessed by a 20 foot auto court. This private drive, constructed of brick pavers, provides access to the garages for each of the 12 townhouse units. The portion of Boynton Beach Boulevard adjacent to the north boundary of the project is not developed. As discussed above, the north parking garage entrance/exit directly accesses this portion of Boynton Beach Boulevard. The applicant proposes to construct a two lane access road with a 30 foot right-of-way. This access road will be in place until the permanent Boynton Beach extension is constructed by the CRA. Parking Facility: Parking for the proposed MU-H zoning district must meet the requirements in Chapter 2, Section :~ ].H, of the Boynton Beach Land Development Regulations. The required number of parking spaces for the proposed project is 856 and only 786 are provided, in order to compensate for the 70 parking space deficiency, the applicant is requesting to use the "fee in lieu of" provision in Chapter 2, Section 1].. H. of the Land Development Regulation.st-This request will require approval fro? t~¢t~ Community Redevelopment Agency Board and the City Commission. The parking garage will have 740 spaces including 15 handicap spaces. A total of 22 surface parking spaces will be provided along the former Casa Loma Boulevard. The total number of handicap spaces provided is :[9. Each of the proposed townhouse units will have two parking spaces located in the garage. Regular parking space dimensions will conform to code requirements of nine feet by eighteen feet for 90 degree parking and nine feet by twenty-five feet for parallel spaces. Handicap spaces will be dimensioned twelve feet by eighteen feet. Landscaping: The landscaping proposed for the site will meet or exceed the code. However, the code requires that 50% of all landscaping provided on site must be native species. The landscape plans show that this requirement is met for trees and shrubs but not for the ancillary plantings provided on site. The applicant is required to comply by providing the appropriate species, or apply for and obtain relief from this regulation (see Conditions of Approval). The recently adopted regulations for the MLFH district provide specific landscape requirements that are addre55¢d in the proposed landscape plan. A varieW of trees will be used in the streetscape including Silver Buttonwood, Pigeon Plum and a varieW of palms, Palms will be used in the streetscape in areas of conflict with utility easements, The applicant has chosen the tree form Bougainvilla as the signature tree for the project, Decorative planters containing seasonal annuals will be located along Ocean Avenue, The west side of the development will be buffered from the adjacent property with a dense planting of trees and shrubs, The parking garage facade will be sufficiently screened by these buffer plantings up to two floors of the structure. Lush landscaping is provided in the pool courtyard located between Building #1 and #7_. Staff Report (MSPM 03-001) Memorandum No PZ-067 Page 4 Building and Site: Building and site design as proposed will generally meet code requirements when staff comments are incorporated into the permit drawings. However, there are two major areas that do not meet code requirements. The first is height. The HU-H district regulations permit a building height of 150 feet. The plans indicate a maximum building height of 168 feet that includes roof top equipment and decorative roof elements. The applicant has submitted a request for a Height Exception (HTEX 03-002). The second issue is the inclusion of 12 attached townhouse units in the proposed plan. Residential single-family attached units ('l'ownhouses) are not permitted in the MU-H district. The applicant has requested a Code Review (CDRV 03-001) to include these units as a permitted use. Community Design:The project design is similar to the previously approved concept except for the addition of the 12 townhouse units adjacent to the North Marina. If approved, these units will be three stories with garages located on the first level. All buildings will have a painted stucco finish with a metal roof. The roof design is representative of the "Coastal Fl~cida" style. It is similar to the roof on the O~eam Avenue Bridge turrets and on U~e Banana Boat restaurant east of the M~arir~ complex. The metal roofs will be a matte natural gray color. The fa~;ade colors will vary with each group of buildings. Buildings #1 and #2 will be painted a mustard yellow (BM 187) with ivory accent banding (BM 904) at the base of the balcony decks. The seven (7) story, Building #3 fa(;ade will have a two-tone look with the end portions painted tan (BM 234) and the middle portions painted ochre (BM 167). The base of the Buildings #1, #2 and #3, where the retail/commercial will be located, will be uniformly painted a khaki green (BM 1510). The parking garage will be painted tan and olive to match the connecting buildings. It is well buffered with landscaping and visible only from the west. The modified project design is a larger scale with the building heights ranging from36 feet for the townhouses to 168 feet maximum for Buildings #1 and #2. The attached parking garage is seven (7) stories with a maximum height of 60 feet. The major portion of the development is a unified, L-shaped mass fronting on Ocean Avenue, Marina Drive (N.E. 6~ Street) and Boynton Beach Boulevard. Setbacks from the street are minimal ranging from eight (8) to 15 feet. ]:ntertocking concrete paver sidewalks comprise these setback areas. The area along the North Marina will include the townhouse and restaurant/commercial buildings. The three-story townhouses will be painted a combination of tan (BM 235) and rust (BM 063) with olive green shutters (BM 503). The roof will be grey metal. Each unit will have porches overlooking the Narina. The final design for the restaurant/commercial building has not been determined. Final design will require approval from the CRA Board and City Commission Signage: No project signage is proposed with this submittal. Staff Report (MSPM 03-001 ) Memorandum No PZ-067 Page 5 RECOMMENDA'DXON: At this time staff cannot provide a positive recommendation for this major site plan modification request. The excess height and inclusion of the townhouses are not supported by staff analysis. Both issues are discussed in separate staff reports and will require action by the CRA Board and City Commisson. Particularly with respect to the townhome issue, a change in the plans to remove the townhomes would represent a major modification that would require additional staff, CRA Board and City Commission approval. If the CRA Board and the City Commission agree to approve the request then staff recommends that all comments included in Exhibit"C" - Conditions of Approval be required. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. S:\Planning\SHARED\WP\PROJECTS~MARINA\MSPM 03-O01\Sl:aff Report 03-O01.rtf Location Map EXHIBIT"A" Marina EXHIBIT "B" ] · .,~i t: .-. ; ................... p ...... ; ............... ..... ~',~ ' I EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ] EXHIBIT"B"] EXHIBIT"B"] EXHIBIT "B"1 ii',': ;i: :ill' 0,~ EXHIBIT "B" 1 EXHIBIT "B" .. ~_-i,i,~ =-.- EXHIBIT "B" ~ ,.,., ,.,.L,.,.,,.,. .,, .... i...,: ,.. .... ' ~,"'~'"",.~.l,,~ ...... ,,, ....... :,,.,.,..,..,.. ~ i i i i i i i i;i Iii i i i ¢~ , ,- ,,, , , ,~ .... :i "'"-'--'" '"" ..... ~:l. ~. ,I.11.1.1.1. ii. t 1.1..~: ~,,,,,,,] .:~::~ ... .~,.,,,,,,,~},[~,,,,,,,,,,,:,,,:::.,,,,,,,,,,,,,,, ,,,,,,. , ,, , ,I~.~I~.,:,..:,1~:'~',',:'~ EXHIBIT "B" EXHIBIT "B" - ~o~ EXHIBIT "B" . ~ll:~ l~!:~ I,..,..,.., .,, ~. ,,. i, l.! hi ~ l.] ILl I ,,,i:! 'IG'' h,iJl;ll,~,,",J, J~l' !1 ,, J~j- II i,, ..... ,li,,l,,,li,,ilj'~', ,,' ,,," J, I,,llli t . J. I,,lJ,,, I I_ l,.J IiJJ I I, ~. j-iii ,' h,,,, II, ,ltl ] iii i;l)hJlj: i il! lJl)Jltt "'"' "':'"~"'~ IJjliiil jjjjjll ,.-.,'r .'"] '"" '""""" '" '"""' Iill~ ,,J,i].iJ,ljlhJJ ,~j, iJ.lJJlilli '"" /'" '" 'J!'l'l" J,l~JlJ.~,Jl flil~lhlll, l~lll lilYlllfiidillJ li:YlJlfilllil i I il ,, ~ II !111, I ' ' r...~.. ~ l, ' Ill, i J i fl,,ll jJ I/ . ............... i I ,_~ -- '~1i~ ,,~ ......... ' ' i:iilhl EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Boynton Beach Marina File number: MSPM 03-001 Reference: 3~ review plans identified as a Major Site Plan Modification with a March 25, 2003 Planning & /,onm~ ~oepmun~m date ~m,,,~, ,-,-,,~,~. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Depaxianent (561-742- X 6200) regarding the storage and handling of refuse. The dumpster will be supplied by Public Works. PUBLIC WORKS- Traffic Comments: ~. - ~_~ 2. Provide a Traffic Impact Analysis/Study, to determine if signal timing X changes, striping modifications, or lane additions are necessary as a result of this development. The study shall include the impact of traffic accessing Ocean Avenue fi.om Marina Way and accessing Federal Highway fi.om Boynton Beach Blvd. The traffic study shall also consider any improvements on Boynton Beach Blvd. east of Federal Highway to the site. 3. Unless the applicant petitions for abandonment, the applicant shall be X required to dedicate to the City 25 feet of land adjacent to the existing NE 6th Street as currently platted and in use, to allow the City the ability to control ingress and egress into the project site and maintenance of existing and proposed City utilities. UTll,rrlE$ Comments: 4. All utility easements shall be shown on the site and landscape plans (as well X as the water & sewer plan sheet) so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easements so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 5. Please relocate the Florida Royal Palms proposed in the utility easements to X prevent the possibility of damage to subsurface structures. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 6. Fire flow calculations wilt be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article W, Section 16, or the requirement imposed by insurance underwriters, whichever is ~eater (see CODE, Article II, Section 26-16(o)). Comments: 7. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 8. Emergency access shall be provided at the start of a project and be X maintained throughout consUmction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. Emergency access roadways must be firm and unyielding, having a bearing value of not less than 40 (i.e. LBR 40), compacted to 98% of the maximum density as determined by AASHTO T180, in accordance with the FDOT Standard Specifications for ~ ~-'= Road and Bridge Construction (2000) Division 11, Section 160, STABILIZING. A copy of the test results shall be provided and accepted prior to above grade construction. Testing frequency shall not be less than that specified in the FDOT Sampling, Testing and Reporting Guide, or as required by the Fire Marshal. The roadway shall be maintained flee from ruts, depressions, and damage, and at the required bearing value for the duration of it's intended use. 9. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fh'e X sprinkler systems throughout the following: a) All buildings or structures regardless of the type of construction which are three (3) stories or more in height or all buildings or structures in excess of 30 feet in height as measured fi.om finish ground floor grade to the underside of the topmost roof assembly. b) All buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. 10. High-rise buildings shall be protected throughout by an approved, X supervised automatic sprinkler system in accordance with Section 9.7. A sprinkler control valve and a waterflow device shall be provided for each floor. Florida Fire Prevention Code, (2000) Section 11.8.2.1 11. High-rise buildings shall be protected throughout by a Class I standpipe X system in accordance with Section 9.7. Florida Fire Prevention Code, (2000) Section 11.8.2.2 12. Class 1, Type 6 0, standby power i n accordance with NFPA 70, National X DEPARTMENTS INCLUDE REJECT Electrical Code, and NFPA 110, Standard for Emergency and Standby Power Systems, shall be provided. F lorida F ire Prevention C ode, (2000) Section 11.8.4.2. POLICE Comments: NONE X ENGINEERING DMSION Comments: 13. Show all proposed site lighting on the site and landscape plans (the X photometrics plan does not a~ree with the site plan and landscape plan). 14. The current SFWMD permit on file for this project requires 2000 L.F. of X exfiltration trench (per Specific Condition #2 of Permit #EI 50-0129079- 00l). This permit will be required to be adhered to, or amended. Revise the drainage plan and calculations accordingly and resubmit for review 15. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permithng. 16. All roadways shall be a minimum of 24 feet (2-12~ftr°t lanes) in width, X ~" ~ including the parking garage entryways (north and east), with the exception of (East) Marina Drive. This segment of roadway may consist of 2-I 1 foot lanes (22 feet paved width). Width is measured from edge to edge of pavement and shall not include any portion of adjacent curb and ~utter. 17. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constmctability at the time of consU'uction permit application. 18. Provide the City with the appropriate documents to designate public access X and recreational use easements for the proposed public overlook at the Intracoastal Water*'a}~. These shall be provided at the time of permitting. BUff,DING DMSION Co££u~ients: 19. At the time of p~rrdt review, the construction plans shall show that all X bathrooms in the covered 'dwelling traits comply with the provisions of the Federal Fair Housing Act 24 CFR 100.205(C)(3)(IV), Requirement #7(2), Paragraph (A) or (B). Clear floor space shall be provided at fixtures to allow a person in a wheelchair or other mobility aid use of the fixtures. Clear floor space shall be shown on the plans and designate which option of Requirements #7 (A or B) is being used. 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 21. The plans indicate that there will be 12 single family attached homes in this X development and 338 multi-family units. According to Chapter 1, Article V, of the Land Development Regulations, the formulas for Single Family Attached Units and Multi-family units are applied towards the calculation of the Parks and Recreation Facilities impact Fee as follows: 12 Single Family Attached Units ~ $ 771 each = 9,252 338 Multi-family Units ~ $ 656 each = 221,728 Total = $230,980 The fee is due at the time of the first applicable buildinl~ permit. FORESTER/ENVIRONMENTALIST Comments: 22. The applicant must prepare a tree management plan (document) to quantify X the trees on the site. This document should outline ~ISose trees that will be preserved, relocated, or removed / replaced on the site. This should be coordinated with the identification symbol used on a landscape plan sheet. [Environnemental. Rel~ulations, Chapter. 7.5, Article II Sec. 7.C.] PLANNING AND ZONIi'qG Comments: 23. Approval of the site plan is contingent upon approval of the Land Use X Amendment to the MX-C designation that allows the density proposed 24. Residential single-family attached units (Townhouses) are not permitted in X the MU-H district. (Ch. 2, Sec. 6,F. - Table 6F-l). The applicant has requested a Code review to add Townhomes to the list of permitted uses. Site Plan approval is contingent upon the approval of this amendment to the LDR's. 25. All utility, storm sewer and access easements in conflict with the proposed X building must be abandoned and relocated prior to issuance of a building permit for this phase of the project. 26. Developer is required to establish a property owners association for the X project. 27. Site plan approval is contingent upon approval of the height exception. X (Ch.2 Sec.4.F.) 28. Submit color elevation drawings for all sides of all buildin~[s prior to the X DEPARTMENTS INCLUDE REJECT CRA Board meeting. 29. No signage is being approved with this site plan. All signage will require X separate approval from the CRA and City Commission. 30. The proposed plan does not meet the parking requirements as provided in X LDR's Chapter 2, Sec. 11. Applicant has requested to use the "fee in lieu of" provision in Ch. 2, Sec. 11 H, to compensate for the 70 space deficit. Site plan approval is contingent upon CRA and City Commission approval of this request. A total of $70,000.00 would be required to be paid prior to issuance of a building permit. 31. The landscape code Chapter 7.5 requires that 50% of al_Llandscape material X provided be native. Revise note and calculations on Sheet L-2 accordingly or apply for relief from this code requirement. 32. Elevations and floor plans for the 2-story commercial building and X resta~rant will require separate CPA and City Commission approval. 33. Address all applicable conditions in the June 12, 2000 Amended Mediation X Agreement unless amended otherwise. 34. Consistent with requirement of Developers Agreement, dedicate a minimum X of two boat slips for the exclusive use of the City Of Boynton Beach for ~ Police/Marine Patrol purposes. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Coiiu~£lents: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S :LPlanning~S HARED\WI~P RO~XMARINAq~4SP M 03-001\COA.do~ S:~Ianning\SHARED\WP~ROJECTS~VlARINA~VlSPM 03-O01\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME :The Residences @ Marina Village APPLICANT'S AGENT: Lawrence Justiz - The Related Group, Ltd. APPLICANT'S ADDRESS: 2828 Coral Way Penthouse One Miami, FL 33145 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 15, 2003 TYPE OF RELIEF SOUGHT: Major Site Plan Modification for "The Marina" mixed-use high density commercial/retail/residential project on a 7.349 acre site. LOCATION OF PROPERTY: 743 NE 1st Avenue Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above.-'The City Commission having considered th~ ~ relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WI:~PROJ ECTS\MARINA~'VlSPM 03-001\DO.doc V.-CONSENT AGENDA ITEl4 E.3 CITY OF BOYNTON BEAC1 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) [] 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: Please place this request on the April 15, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a failed motion to deny (with a 3 to 3 vote), forwards this item to the Commission without a recommendation. The City Commission may review and act upon this request, or defer it back to the CRA providing the oppormmty to amve at a recommendation after further discussion. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-075. EXPLANATION: PROJECT: Boynton Beach Marina (HTEX 03-002) AGENT: Lawrence Justiz, TRG-Boynton Beach, Ltd. OWNER: TRG-Boynton Beach, Ltd. LOCATION: 743 NE 1 st Avenue DESCRIPTION: Request for height exception of 18 feet above the MU-H district limitation of 150 feet. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTE~~ D e~51~nt~['p~mien~ D ire c t or 4~ City Manager's Signature ~larmi~g and Zoni~l~ector City Attorney / Finance / Human Resources SSPlanningXSHARED\WPLPROJECTSLMARINAXHTEX 03-002XAgenda Item Request Boynton Beach Marina HTEX 03-002 4-154)3.dot S:~IULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-075 TO: Chairman and Members Community Redevelopment Agency Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, A[CP ~'/ Planner DATE: April 3, 2003 PRO.1ECT: Boynton Beach Marina / HTEX 03-002 REQUEST: Height Exception PRO3ECT DE$CI~PTZON Property Owner: TRG - Boynton Beach, Ltd. Applicant/Agent: TRG - Boynton Beach, Ltd. / Lawrence .lustiz .. ~ Location: 743 Northwest 1~ Avenue (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Mixed Use (MU) / Mixed Use High (MU-H) Proposed Land Use/Zoning: Mixed Use Core (MXC) / N/A Proposed Use: Mixed Use including Residential Multi-family, Townhomes, and Commercial Acreage: N/A Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north is the City lift station and undeveloped land, zoned Central Business District (CBD); South: Right-of-way for Ocean Avenue and farther south is the Ocean Plaza shopping center, zoned CBD; East: Right-of-way for Northeast 6t~ Street (a.k.a. Nlarina Drive) and the Intracoastal Waterway; and West: Developed property (First Financial Plaza), zoned CBD. Page 2 Memorandum No. PZ 03-075 BACKGROUND The City Commission approved a new site plan for the subject project in ].997. The project included an eight (8)-story building containing 220 rental apartments with over 8,000 square feet of commercial. The commercial portion was relegated to the first floor only. A restaurant was also proposed for the subject site. In November 2000, the property ownership changed to AERC of Virginia, Incorporated. The City Commission subsequently approved a major site plan modification (MSPM 02-005) in September 2002. The project, known as the Residences at Marina Village was approved for two (2) mixed-use buildings and a parking garage. The mixed-use buildings were nine (9) stories tall and the parking garage was seven (7) stories tall. In this project as compared to the ].997 plan, the number of apartment units increased from 220 to 282 units. The proposed parking garage would have accommodated up to 75]. parked vehicles. The area of the first floor office / commercial uses increased from 8,262 square feet to ].0,000 square feet. According to public records, the property ownership changed again in December 2002. The current owners C]'RG - Boynton) propose another major site plan modification (MSPM 03-00].). This project proposes three (3) mixed-use buildings, a restaurant, and a parking garage. The location of the office / commercial uses remain on the first floor of all three (3) mixed use buildings. However, compared with the 2002 project, the number of stories has increased from nine (9) stories to ].5 stories (Building #]. and Building #2), the number of residential units increased ~rom 282 to 338 units, and the area for the, of'~e / commercial uses has increased from z0,000 square feet to ].7,59:1. square feet. In addition, the proposed project includes ].2 townhouse units. The height exception would only be required for the two (2) identical, ].5-story buildings (see Exhibit "B"). ANALYSIS Prior to October 2002, the subject property was zoned Central Business District (CBD). The CBD zoning district allows for a maximum building height of 45 feet, except for mixed-use type of developments (buildings), which as a condiUonal use, may not exceed ].00 feet. In October 2002, the subject property was successfully rezoned from CBD to Mixed Use High (MU-H) pursuant to Ordinance 02-05].. The MU-H zoning district allows for a maximum building height of ].50 feet. Part of the justification to rezone to MU- H was to provide developers with greater options for development and redevelopment projects in the downtown area. Before the property was rezoned from CBD to MU-H, the City Commission approved a new method for measuring building height based on roof type. The goal of the new definition was to be consistent with current standards and to allow more flexibility in building design. Ordinance 02-0].0, adopted on March 19, 2002, provided that the building height for a mansard roof is measured (in feet) from the finished grade to the top of the deck line. It should be noted that the nine (9)-story building approved in the September 2002 Major Site Plan Modification (NSPM 02-005) proposed a mean building height of 98 feet. The tallest portion of the roof for that project was the peak of the decorative cupola. It reached as high as 1].1 feet. The nine (9) story buildings complied with both the CBD and MU-H zoning district limitations due to the change in the method for measuring building height. The proposed elevations for the new plan (see Exhibit "B'3 show that the deck line (a.k.a. the top of the roof deck for the mansard roof) will be 144 feet in height. This is the point of the structure where the building height is measured according to the definition of building height in the City's Land Development Regulations. This point on the building is proposed six (6) feet below the maximum allowable height of 150 feet. However, according to the drawing of the proposed Page 3 Memorandum No. PZ 03-075 mixed-use buildings (see Exhibit "B" - Sheet A-16), the top of the highest mansard will be 168 feet in height. The top of the mid-height mansard will be 163 feet in height. According to the applicant, the portion of the roof that will require the height exceptions consist of the following elements: · A decorative pitched mansard on top of a raised parapet, designed to provide screening of rooftop equipment. It will provide an architectural element with traditional roofing shapes, appropriate to the scale of the building. The top of this "typical" mansard is 158 feet in height. · An additional raised parapet and mansard at the east end of the building to provide variety in the roof shape to prevent the roof mansard from becoming boring and repetitive. The top of this "mid-height" mansard is 163 feet from grade. · An elevator machine room projects above the main roof approximately 16 feet with a height of 160 feet above grade. On top of the machine room roof a mansard is proposed to connect the architecture of the raised machine room roof with the main roof mansard. This projection above the roof creates a centerpiece for the main fa(;ade of the building at both the street elevation and the pool elevation. It centers above the main lobby entrance. This mansard travels across the center of the roof from north to south to create a distinctive architectural element when the building is seen from a distance. The top of this "high" mansard is :L68 feet. -' ~ The objective of the CBD and mixed use zoning districts, in part, is to support and stimulate revitalization efforts in the city's traditional downtown core area. Staff recognizes that a viable downtown will have a mix of uses with higher residential densities and reasonable building heights. Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, states that in considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The applicant has responded affirmatively to all standards for evaluating height exceptions (see Exhibit "D" - Applicant Letter). However, the premise for the height exception was predicated on the fact that the maximum allowable height for all zoning districts in the City would be 45 feet, excluding the CBD and Mixed-Use zoning districts. The citywide maximum height of 45 feet would generally limit a typical building to four (4) stories. Similarly, the CBD zoning district allows for a maximum building height by right at 45 feet. However, building heights in the CBD may be increased to :L00 feet, but only as a conditional use. As a conditional use, it would be evaluated against a different set of standards and require public notice. The Mixed-Use Low zoning district allows for a maximum building height of 75 feet by right. Only the Mixed-Use High zoning district allows for a maximum building height of 150 feet by right. The proposed buildings (see Exhibit "B'~ show that the deck line will be 144 feet in height, or six (6) feet below the maximum allowed by the MU-H zoning district. Theoretically, roof top equipment, stairs, and elevator towers could have been placed within this six (6) foot area. However, the peak of the tallest portion of the roof is :~68 feet in height. This is 18 feet over the maximum allowed by the MU-H zoning district. No existing buildings in the CBD or citywide are :~00 feet tall. ~[n general, the "spirit" of the height exception process was intended to allow for mechanical equipment, elevator towers, and other minor rooftop appurtenances that would incidentally (due to Building Code related issues) exceed the 45- foot maximum height limitation. This request for an 18-foot height exception does not meet the intent of the height exception. Page 4 Memorandum No. PZ 03-075 RECOHHENDAT~ON As previously mentioned, staff is generally in favor of the redevelopment efforts proposed in the accompanying request for major site plan modification (HSPM 03-001). The City has made every effort to change and create zoning districts (CBD, MU-L, HU-H) that will accommodate a mix of uses, innovative and attractive building designs, and viable residential densities (as determined by the market) to act as a catalyst for downtown redevelopment. However, staff cannot support a height exception for any portions of the proposed buildings that will exceed the :LS0-foot limit. Staff recommends that Building #]. and Building #2 be redesigned to stay within the ].50-foot height limitation. S:~PlanningLShared~Wp~proJects\MARINAV~'EX 03-002~1~ff Report.doc Location Map EXHIBIT"A" Marina (E WORTH' ICWW/ , 400 0 400 800 1200 Feet EXHIBIT "C" Conditions of Approval Project name: Boynton Beach Marina File number: HTEX 03-002 Reference: Site plan dated March 23, 2003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES X Comments: None FIRE Conm-tents: None X POLICE - · Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Conm~ents: None X FORESTER/ENVIRONMENTAI,IST Conanents: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: Page 2 Boynton Beach Marina File No.: HTEX 03-002 DEPARTMENTS INCLUDE REJECT 2. To be determined. S: ~Plannin g~S HARED\WI~ RO JECTS~vIARiNA'~ITEX 03-002\COA.doc The Related Group of Florida 2828 Coral Way, Penthouse Suite Miami, Florida 33145 Tel. (305) 460-9900, Fax (305) 460-9911 i ... March 3, 2003 --' '.~ Mr. Mike P, umph Director of Planning and Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425-03 ! 0 RE: Marina Village at Bovnton Beach Height Excel~tion Request Dear Mr. P, umph: Pursuant to Chapter 2, Section 4 (F) of the City Code, we are applying for Height Exceptions for two 15-story buildings as depicted-in our site plan submission to the City on February 5, 2003. Two of our proposed buildings are 15 stories, which normally would not be over 150 feet in height. However, so that the buildings remain esthetically attractive there are certain mechanical functions and design elements and that need to exceed the 150 foot height. These include the elevator machine rooms, and roof-top air conditioning equipment (which is screened from view through the use of perimeter mansard type roofing which exceeds the 150 foot height to the top of the mansard). Section 4 (F) (3) states several questions to be answered by an applicant for a height exception, as follows: (a) Whether the height exception will have an adverse effect on the exi~tin~ and oroi}osed land use. Answer: The requested height exceptions will not have an adverse effect on the existing and proposed land uses since the proposed buildings are consistent with the Mixed Use (High Intensity) Zoning District, which allows for a height of 150 feet. (b) Whether the height exception is necessary. Answer: The height exception is necessary to hide rooftop air conditioning equipment and to provide for roof top elevator machine rooms. In addition, the roof treatment provides articulation to give the buildings a more desirable aesthetic appearance - not horizontal flat parapets. Page 1 of 3 EXHIBIT "ID" (c) Whether the hei ht exce tion will severel reduce~ Answer: The requested height exceptions will not severely reduce the light and air in adjacent areas. Marina Village is bordered by Boynton Beach Blvd. on the North and Ocean Avenue on the South, and therefore will not impact any properties to the North and South. The marina and the Intracoastal waterway is on the East side, and the Financial Tower building is on the West side. The closest part Marina Village to the Financial Tower is the parking garage and the seven story element of the site plan. (d) ~ce tion will be a deterrent to the ~m r~ent or develo ment ofad'acent roe in accord with _existing regulations. Answer: The requested height exceptions will not be a deterrent to the improvement or development of adjacent property within the Mixed Use (High Intensity) Zoning District. To the contrary, we believe that the Marina Village project will act as a catalyst for the redevelopment of other properties in the adjacent Mixed'Use (High Intensity) area. (e) vW___;_.heth._er t~. hei ,_hr exce tions will adverseiv affect ro rtv a~ues In aalacent areas. ~ · Answer: The requested height exceptions will not adversely affect property values in adjacent areas, but will make for more interesting architecture that will only increase surrounding property values, and act as a catalyst to improving property values in the area. (f) Whether the hei ht exce tion will adversel influence livin conditions in the neighborhood. Answer: The requested height exceptions will not adversely influence the living conditions in the neighborhood, but we believe will provide for a more aesthetically pleasing view and neighborhood. (g) Whether the hei ht exce tion will constitute a rant of a s ecial rivile e to an individual owner as contrasted with the ublic welfare. Answer: The requested height exceptions will not constitute a grant of special privilege as contrasted with the public welfare, particularly since without the height exceptions for the mechanical and functional elements of our buildings (e.g., elevator machine rooms, roof top air conditioning equipment) and the enhanced architectural features that will be the public "identity" for the project, the appearance would not provide for as much "architectural" variety. Furore developments within the Mixed Use (High Intensity) District will have the right to apply for such exceptions. The architectural uniqueness which this allows will enhance the esthetics of Marina Village and the public welfare. Page 2 of 3 ?'.'- EXHIBIT "D" I I (h) Whether sufficient evidence has been presented to ,justify the i I I...J' need for a height exception. Answer: We believe that for all the reasons set forth herein, sufficient evidence has been presented to justify the need for the requested height exceptions for the fi.tnctional, mechanical, and architectural features of the Marina Village project. Please let me know if you would like us to provide any other additional information. Sincerely, THE RELATED GROUP OF FLORIDA Larry LBJ:eb Page 3 of 3 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Residences @ Marina Village APPLICANT'S AGENT: Lawrence Justiz - The Related Group, Ltd. APPLICANT'S ADDRESS: 2828 Coral Way Penthouse One Miami, FL 33145 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 15, 2003 TYPE OF RELIEF SOUGHT: Height Exception for "The Marina", a mixed-use high density commercial / retail / residential project on a 7.349 acre site. LOCATION OF PROPERTY: 743 NE 1st Avenue Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of B~ynt~n Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\MARINA\HTEX 03-002\DO.doc V.-CONSENT AGENDA ITEM E.4 CITY OF BOYNTON BEAC! AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] 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 RECOMMENDATION: Please place this request on the April 15, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 5-2 vote, recommended that this request be approved, subject to the requirement that the buffer landscaping be provided should the existing vegetation within the railroad right-of-way be removed. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-059. EXPLANATION: PROJECT: Vermeer Southeast Sales (LAAP 03-001) AGENT: Jon E. Schmidt & Associates OWNER: Denbcsten & Bokhovcn, Ltd. LOCATION: 1060 W. Industrial Avenue DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5 Article 11, Section 5.E, buffer requirements, to avoid thc requirement to install trees and a continuous hedge along the east (rear) perimeter. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATe, ~/~ ~ N/A ,~~ Devell6~me~t 1~ ~ent~ffector CiW Manager s Silage Planning and City Attorney / Finance / Human Resources SSPlanning~SHARED\WP~PROJECTS~Vermeer Southeast Sales~LAAP~a, genda Item Request Vermeer Southeaast Sales LAAP 03-001 4-15-03.dot S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-059 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission THROUGH: Michael Rumpf Planning and Zoning Director FROM: Kevin Hallahan Forester / Environmentalist DATE: March 19, 2003 PROJECT NAME/NO: Vermeer Southeast Sales; I_AAP 03-001 REQUEST: Relief from the City Of Boynton Beach Land Development Regulations, Chapter 7,.5, Article ~[1:, Sec. 5.E. buffer requirements, to avoid the requirements to install trees and a continuous hedge along the east (rear) perimeter. PRO.1ECT DESCRIPTION Property Owner: Denbesten 8, Bokhoven, Ltd. Applicant/Agent: Denbesten & Bokhoven, Ltd. / .1on E. Schmidt & Associates Location: 1060 West Industrial Avenue Existing Land Use/Zoning: Light ~[ndustrial / M-1 Proposed Land Use: (same) Proposed Use: ]:ndustrial/Warehouse Acreage: 4.32 acres Staff Report Memorandum No. PZ 03-059 2 Adjacent Uses: North: Vacant property with an Industrial land use designation and zoned Light ~[ndustrial (M-:~); South: Vacant property with an Industrial land use designation and zoned Light l~ndustrial (M-l); East: C.X.S. Railroad Right-of-Way; West: West Industrial Avenue right-of-way, farther west are developed single-family homes with a Low Density residential designation and zoned R-I-A. BACKGROUND .1on E. Schmidt & Associates, agent for Vermeer Southeast Sales c/o Merle Den Besten, are requesting approval to appeal Chapter 7.5, Article I~[- Landscape Code, Section 5.E. of the Land Development Regulations (See Exhibit "A"-Letter of Appeal). The appeal is to eliminate the installation of the required rear landscape buffer represented by (9) Swietenia Mahogany, (7) Black Olive trees, (155) Coco plum hedge plants and irrigation improvements along the entire 315-foot east perimeter (See Exhibit "B"- Rear Landscape Buffer). The subject property is located on the east side of West l~ndustrial Avenue approximately 3000 feet north of Boynton Beach Boulevard (See Exhibit "C"-Location Map). Site Plan approval was granted on August 20, 2002, which included the above- described rear landscape buffer (See Exhibit "D"-Approved Plan). The rear (east) perimeter of the Vermeer property abuts the Seaboard Coast Line (C. S. X.) Railroad right-of-way, and farther east is the 1~-95 right-of-way. There are no less intense land uses east of the Vermeer site. The existing C. S. X. railroad tracks are at an elevation 10 feet to :[5 feet higher than the elevation of the subject site. Also, part of the buffering is provided by the existing stand of Scrub Oak trees and under-story vegetation immediately adjacent to the east perimeter within the C. S. X. right-of-way. The existing Scrub Oak trees form a continuous, 10 foot to 15 foot high landscape buffer along the entirety of the Vermeer site (See Exhibit "E"-Site Photographs). The proposed new trees, hedge plants, and irrigation improvements would not provide any additional landscape buffering not already created by the existing, off-site Scrub Oak trees / vegetation. The balance of the proposed landscaping improvements along the north, south, and west perimeters' will meet or exceed the landscape code. The City has two underground utility lines near the east property line of the project. One of the utility lines (sewer) is located within the proper 10-foot wide utility easement approximately five (5) feet to six (6) feet inside the property line. The second ~.0 foot wide utility line (water) is Staff Report Memorandum No. PZ 03-059 3 located 19 feet west (outside) of the utility easement for this pipe. The water main should be placed in a properly dedicated utility easement. The materials approved for the rear- landscaping buffer are shade trees noted as Mahogany (9 in total), and Black Olive (7 in total). The City Utility Department prohibits the planting of shade trees within a utility easement. This would require the subject landscaping to be installed farther inside the property line more than 20 feet from the east property line. This area is indicated as "open equipment display" on the approved site plan. ANALYSZS The requested appeal pertains to the required perimeter landscaping adjacent to abutting properties. Chapter 7.5 (Landscape Code), Article I1~, Section 5. E. Buffer Requirements states the following: "Perimeter landscaping relating to abutting properties. On the side of the building or structure or open lot use providing an off-street parking area or other vehicular use area, such area shall be provided with a landscape barrier, preferably a hedge not less than four (4) feet nor greater than six (6) feet in height to form a continuous screen between the off-street parking area or other vehicular use area and such abutting property. Such landscape barrier shall be located between the common lot line and the.off-street parking area of other ~' vehicular use area in a planting strip of not less than two and a half (2 1/2) feet in width. The provisions of this subsection shall not be applicable in the following situations: 1. When a property line abuts a dedicated alley. 2. Where a proposed parking area or other vehicular use area abuts an existing hedge, said hedge may be used to satisfy the landscape requirements of this subsection provided that such existing hedge meets all applicable standards of this article. The applicant is requesting that the landscape barrier be omitted only in the above-described location. All other approved landscaping around the perimeter of the parcel will meet or exceed landscape code requirements. RECOI~II~ENDA'I'I:ON The impact of the omission of the perimeter trees and hedge plants that would normally be required along the eastern perimeter of the proposed open equipment display area at this location is minimal based on the 500 foot distance that separates the equipment display area and l~nterstate 95. A Lake Worth Drainage District right-of-way, FP & L utility easement and the Seaboard Coast Line Railroad are'also located between the open equipment display area and Interstate 95. Alternatively stated, the intent of the buffer requirements in the City's regulations is met by the proximity of the rear of the project to the adjacent rights-of-ways, and the off-site vegetation, both of which minimize visibility to the rear of the property. Therefore, staff recommends that this request to omit the proposed trees, hedge plants and Staff Report Memorandum No. PZ 03-059 4 irrigation improvements along the site east perimeter be approved. Any conditions of approval recommended by the Planning and Development Board or approved by the City commission shall be included in Exhibit "F"- Conditions of Approval. S:~Planning\SHARED\WP~PROJECTS\Vermeer Southeast Sales~LAAP\Staff Report.doc - EXHIBIT "A" Jon E. Schmidt and Associates ..... .. LETTER OF APPEAL Landscape Architecture and Site Planning Thursday, March 13, 2003 Mr. Michael Rump/Director of Planning and Zoning Planning and Zoning Division 100 E. Boynton Beach Blvd. P.O. Box 310 City of Boynton Beach, Florida 33425-0310 RE: Landscape Appeal Vermeer Southeast Sales and Service, Inc. Facilities At Boynton North Industrial Park ~. Dear Mr. Rumpfi The nature of this landscape appeal is to eliminate the required hedge and tree buffer on the eastern property line of the proposed Vermeer warehouse facility at 1060 West Industrial Avenue currently under construction. The uses east of this property include: a new Tri-Rail track project currently under construction at an elevation 10' to 15' higher than the subject property grade and an existing CSX railroad track further up the embankment some 15' to 20' higher in elevation, and a berm with natural hedgerow of vegetation at additional elevation. These features virtually block the view from 1-95 corridor immediately to the east of the railroad. The existing berm includes a natural vegetation hedgerow barrier of native Scrub Oak, Live Oak, Silver Palmetto, Florida Myrtle and other plants block the entire site except the roofline of Vermeer facility some 600+ feet west of the Interstate. The requirement of a landscape buffer should not be considered an effective screen due to the major change in grade between the two uses and existing vegetative barrier currently in place. Special conditions existing on the subject site also support this appeal include: A 10' wide Utility Easement that was granted the City of Boynton Beach for the purpose of a 16" ductile iron sewer force main installed at approximately 5'-6' west of east line within the easement. In addition a 6" water main was installed 6'-7' west of the granted easement. As a result of the recently discovered 6" water line apparently installed outside the easement, on subject property, the Utilities Department is requesting an additional 14' easement further encumbering the east portion of the property. The Utilities department policy does not allow protruding root structure or canopies extending 333 Southern Boulevard Suite 200 West Palm Beach, Florida 33405 · Tel. (561) 659-6690 Fax. (561) 659-6691 E-mail: Jschmidt~flite.net EXHIBIT "A" LETTER OF APPEAL over any utility lines, thus the installation of trees over these existing pipes is prohibited, rendering the landscape code non-compliable. Enforcement of the existing landscape code would represent unfair hardship on the applicant as providing the hedge and tree line will not further the code's intent to buffer adjacent properties. In the event this appeal is granted it will be to mutual advantage of City of Boynton Beach Utilities and Vermeer Southeast Sales and Service, Inc. and will not adversely affect public interest. 2 EXHIBIT "B" "-~ REAR LANDSCAPE BUFFER ' OF ced t~etie., T~- LOT 8 Stobiliz~ ,MENT DISP~Y LOT 7 0 St~Iz~ ~ade ~ 0 LOT 6 EXHIBIT "B" REAR LANDSCAPE BUFFER L~Itl of ~ <~ I..- Oo g r,,' x~: o Plant List "~m III s~ ~:~ c~,,. o.,. s~.,,c,co.,.,o.~..,~ .,. s,.. ,~,,,,,-~ .< w~'~ G ,.,,,I I ,:,,,~~,,,,.o~ ,:r .' ..m~__.._,.~._,-z~__c__~.,,'"""' 3.0- ,,... G TOTAL. 3.0' OBH. · --J Mc .~ WAX M~lqTl../:'~t· 12' M'YRICA C~]~F'~A .I~I~.NK F1JLL ~ CANOPY ~ BB ~ 30 8UODA ~UC~AS TRUNK FULJ. ~ CANOPY 4~: NO LOW C~OTCH O ~ ~ ov ~ u~ OA~ +o ~0' ~. ~ C~ 32 C(]I~3CARPUS E]~CllJS ~ 6 C.T. NO LOW CROTC~ ('~~ H~OH~S AS NOTED ON PtA '(~ (~ SP 4.1 ,'S,~,M. PAL.M +. HEIGHT OedOll~S Ct. EAR T~ MIN. 12 D.B.H. (/') $7m K:¢y Qty. Sci~ndfic\Common Namc Fit. Spr. Remarks ~ ,,,o "'" '"~&;, :'"' ',' O.C. ~ ~ '114R 44 1HY,AL~ · ,30' 24' FTI..L TO EXHIBIT "C" Location Map Vermeer Southeast Sales ~ BOyi~iTON CANAL ,~-a-6 ' 50o o 5oo lOOO Feet ~:,,,o?...... ,..~.,,~.,~ EXHIBIT "D" :~-~ ;~-"-~'~APPROVED PLAN ~R?~,: -~='--~ ...................... ~-~' =~-~;~,...~ .... ~; ~;g~;~;p ~;~ ........................... ~.- ~'~=~Z~~ ........... - ....... ~x~-~¢~ ~ ................... ' j~ ~ i~ '}]'~=t'=J~~i = , EXHIBIT Conditions of Approval Project name: Vermeer Southeast Sales File number: LAAP 03-001 Reference: l~tReview plans with a March 14, 2003 Planning & Zoning department date stamp ~___rl-_.~. 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: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. Should existing stand of landscaping within the railroad right-of-way be X removed the applicant shall be required to install a landscape buffer along the eastern property line as required by today's code. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:LPlanning~SHARED\WP~PROJECTS\Vermeer Southeast Sales~LAAP\COA.doc J:\SHRDATA\PLANNING\SHARED\WP\FORMS\BLANKS FORMS \COND. OF APPrOVaL DuFour 04-24-01 .DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Vermeer Southeast Sales APPLICANT'S AGENT: Jon E. Schmidt- Jon E. Schmidt & Associates APPLICANT'S ADDRESS: 333 Southern Blvd. Suite 200 West Palm Beach, FL 33405 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 15, 2003 TYPE OF RELIEF SOUGHT: Request for relief from LDR Chapter 7.5, Article II, Section 5.E.-Buffer Requirements. LOCATION OF PROPERTY: 1060 W. Industrial Avenue, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. ~The City Commission having considered the ~: relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP~PROJECTS\Vermeer Southeast Sales\LAAP\DO.doc V.-CONSENT AGENDA CITY OF BOYNTON BEAC[ ITEM F. AGENDA ITEM REQUEST FOI . Rcqucstcd City Commission Date Final Form Must bc 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 I, 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 [] Unf'mished Business RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for t~ of March 2003 for informational purposes EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize to execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager". PROGRAM IMPACT: The new Ordinance has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: The change in Ordinance approved by Commission provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the procedure prior to Ordinance change. Deputy Director of Financial Services ' Cit~ l~4anag~r's S~nature Procurement Services Department Name City Attorney / Finance / Human Resources S:kBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED MARCH 2003 1. Vendor: ADT Security Systems Purchase Amount: $ 15,336.00 Requesting Department: Fire Department Contact Person: Jim Ness Brief Description of Purchase: The purchase is necessary to provide enhanced security to fire administrative offices. At present time individuals can access any fire administrative office. While the City did provide electonic security door locks for City Hall, the Fire Rescue Department was not included in that program. This will provide the electronic door locks and remote door opening for Fire and Life Safety offices located at Station #3, as well as Fire Administration and Fire Training/EMS located in the east wing of City Hall. Source for Purchase: Sole Source Fund Source: 001-2210-522-62-01 2. Vendor: Kustom Signals Inc. Purchase Amount: $ 23,415.00 Requesting Department: Police Department · . Contact Person: Michael MLmro~' Brief Description of Purchase: This purchase will be made from the Local Law Enforcement Block Grant #2002LLBX0257. It is for a SMART (Speed Monitoring Awareness Radar Trailer) with a variable message sign. Source for Purchase: Sole Source Fund Source: 105-3302-513-64-02 LLEBG #2002LLBX0257 The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Com. nyssion~. City Manager Approval: Date: ~/~10'~ Presented to Commission for information on April 15, 2003. 1 of 1 V.-CONSENT AGENDA ITEM G. 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) [] 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 the "SURPLUS EQUIPMENT LISTS" as submitted by St~and'~w selling of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS EQUIPMENT LISTS" as submitted by G-'OLF COURSE, RECREATION DEPARTMENT, and POLICE DEPARTMENT. It is Procurement Services intent to utilize sealed bids and/or E-Bay to sell the surplus equipment. Procurement Services requests Commission's review, evaluation and approval to sell the surplus property. PROGRAM IMPACT: The disposal of surplus equipment will provide for maintaining inventory control and revenue reimbursement through a monitored processed by Procurement Services. FISCAL IMPACT: The revenues generated fi.om the sale of surplus equipment will be placed in the related funds. Revenue Reimbursement Account #001-0000-365-01.00 ' Sale of Surplus Equipment (Recreation & Police) Account #411-0000-365-01.00 Sale of Surplus Equipment (Golf Course) ALTERNATIVES: Seek other options to dispose of surplus equipment. DePuty-Director of F'~a~cial Services City l~,lanager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources cc: Joe Sciortino- Golf Course Wally Major- Recreation Hoyt Johnson - Finance S:~BULLETINL. eORMS~AGENDA ITEM REQUEST FORM.DOC RECEIVED MAR 2 2003 PROCUREMEN I o,-RVICES RECREATION DEPARTMENT _ tL j,.-' _ MEMORANDUM NO. 03-24 TO: Bill Atkins, Deputy Director of Financial Services Recreation & Parks Director ~/t~ FROM: Wally Majors, DATE: March 24, 2003 SUBJECT: Surplus Equipment- Stage We wish to declare the 20' x 32', portable, indoor stage currently being stored at Hester Community Center as surplus. The stage was purchased fi.om the Wenger Corporation in December 1995. It cost $28,438. The stage includes the following parts: 1) Twenty 4x8 floor panels 2) Handicap ramp 3) Stairs 4) Railings for side and back of stage 5) Two storage cars for floor panels 6) Two storage cars for railings ~' Other than a few of the floor panels, the stage has never been used. It occupies an inordinate amount of storage space at Hester Center, which is needed for other, more fi'equently used supplies. c. Wilfi.ed Hawkins /WTn RECEIVED I~AR 2 § 2O03 The City of ~Rocu~,~ .... ~-~. Boynton Beach Finance Department WAREHOUSE DIVISION TO: Bill Atkins, Deputy Director of Financial Services FROM: Dominic DeMauro, Warehouse Manager~ DATE: March 25, 2003 SUBJECT: Surplus Computers ~ · Bill, enclosed is a two-page list of computers that the Warehouse has picked up for disposal from the Police Department. These CPUs have been stripped and various components have been placed in other City computers. Please go to Commission for permission to dispose of these. Palm Beach County thrift store no longer accepts computers unless they are in working condition. If you should have any questions, please feel free to contact me at 742-6324. CC: Diane Reese - Finance Director J. Prestinari - Police Department CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Dominic DeMauro, DATE: March 24, 2003 FILE: Warehouse Manager SUBJECT: Disposal of Police Department Computers FROM: Sgt. J. Prestinari REFERENCES: ENCLOSURES: Individual Asset Transfer Forms (40 Total) The below list represents the 40 computers that are being turned over to you for disposal. The hard drives on each of the computers have been removed due to security issues. None of the 40 units are functional. Make/Manufacturer Model Name Model Number Equipment Type [Asset NumberI Serial Number I Compaq DeskPro DP 4000 5166 Co~nputer Desktop 000130 ~6720BBD2Q401/ lCompaq DeskPro DP 4000 5166 Computer Desktop 1000133 16721BBD2P033, Compaq DeskPro DP 4000 5166MMX Computer Desktop1000149 ]6728BNL2S412 !Compaq Armada 7710MT Computer Laptop 1000385 16726BB321369 Compaq Armada 7710MT Computer Laptop 1000387 ]7718BB320090 iCompaq Armada 7710MT Computer Laptop 1000388 16721BB320323 Compaq Armada 7710MT IComputer Laptop 1000390 16718BB323280 ICompaq Armada 7710MT IComputer Laptop 1000396 16722BB320215 !Compaq Armada 7710MT ]Computer Laptop 1000399 16721BB320445 ]Compaq Armada 7710MT ]Compdter Laptop 1000400 iZ717BB320553 -, .¢. ICompaq Armada 7710MT IComputer Laptop 1000402 17718BB320097 ICompaq Armada 7710MT IComputer Laptop 1000407 16726BB321618 Compaq Armada 7710MT IComputer Laptop 1000414 16721BB320291 Compaq Armada 7710MT IComputer Laptop 1000422 16718BB323424 Compaq DeskPro DP 4000 5166MMXlComputer Desktop1000842 16733BNL7P049 'Compaq DeskPro DP 4000 5166MMXlComputer Desktop1000850 ]6732BNL7Q046 ICompaq DeskPro DP 4000 5166MMXlComputer Desktop1000856 16732BNL7Q039 'Compaq DeskPro DP 4000 5166MMXlComputer Desktop1000857 16732BNL7Q197 'Compaq DeskPro DP 4000 5166MMXIComputer Desktop1000860 16732BNL7Q170 Compaq Armada LTE5000 IComputer Laptop 1000872 tJ615HQT73271 !Compaq DeskPro DP 4000 5166MMXIComputer Desktop1000879 16732BNL7S688 '~Compaq Armada 4131T IComputer Laptop 1001185 lA720HYE10325] Compaq Armada 7800DT IComputer Laptop 1002925 17921CB610153 .Compaq Armada 7800UT IComputer Laptop 1002936 ]7923CB610163i !Compaq Armada 7800DT IComputer Laptop 1002946 17923CB610233 Compaq Armada 7800DT IComputer Laptop 1002950 17923CB610595 iCompaq Armada E500 IComputer Laptop 1004441 t3JOAFFD8R42E Compaq Armada E500 IComputer Laptop 1004452 13JOCFFD87213 Compaq Armada 7710MT IComputer Laptop 1004612 16712BB320128 Compaq Armada 7710MT IComputer Laptop 1004617 16713BB320335 Compaq Armada 7710MT IComputer Laptop 1004618 16713BB320337 Compaq Armada 7710MT IComputer Laptop 004624 16718BB324071 Compaq Armada 7710MT IComputer Laptop 004625 16713BB320275 Compaq Armada 7710MT IComputer Laptop 1004626 t6713BB320267 Compaq Armada 7710MT IComputer Laptop 1004627 16713BB320201 __c._,.O_....m?..,q., .................................... 5'?__a?,...a.. ......................... ................................... L.c_°_.__m.?_t °46_3 ............. ~ 713-B B37-02-3-.4--, iCompaq Armada ~7710MT ]Computer Laptop ]004634 t6713BB320241 1 ~,Compaq DeskPro IDP 4000 5166MMXIComputer DesktoplNONE 16732BNL7S648 ] ICompaq Armada I4131T Icomputer Laptop INONE [A720HYE10346! !compaq DeskPro IDP 4000 5166MMXIComputer DesktoplNone 16733BNL7P153 J Date Received: Received By (Print Name): Signature: V.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACI~ AGENDA ITEM REQUEST FORM Requested City Comm~sion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in Meeting Dates in to City Clerk's Office Meeting Da .t~s to CiW Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 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 RECOMMENDATION: Motion to keep on the table Consent Agenda Rem I -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 7~ to 10t~ Avenue Stormwater Improvement Project (INCA Project). EXPLANATION: We have not been able to get all of the parties together to attempt to work out a settlement of this property acquisition. Therefore, we are asking the City Commission to leave this agenda item on the table until those negotiations can be concluded. PROGRAM IMPACT: Will give the parties time to schedule a negotiating session with all of the property owners. FISCAL IMPACT: None ALTERNATIVES: Approve the motion to authorize beginning the eminent domain proceedings as was originally recommended. Doing so will not preclude the parties from talking further or negotiating either with the individual property owners or with the collective group of the 4 owners. In fact, S:kBULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM authorizing the eminent domain proceedings will give the City staff the authority to order up- to-date appraisals and environmental analyses which would have to be done anyway if eminent domain proceedings were to get formally started. Adopting this motion does not mean that the City would be "taking" any property. Adopting this motion only authorizes the staff to take the next step (of many) toward possible eminent domain (which can be avoided if we can come to an agreement with the 4 property owners). Department Head's Signature City Manager's Signature UTILITIES DEPARTMENT Department Name City Attorney / Finance / Human Resources S:~BULLETINWORMS'~AGENDA ITEM REQUEST FORM.DOC THE URBAN GROUP, INC. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 CITY OF BOYNTON BEACH Storm-Water Site Acquisition Stares YE 4iLd _ ~[ 9th AVE I' 8th A~ L~i E CYN TO ' P N E Ttb AVE NEGOTIATION sUMMARY Seller's Position: Seller: Degen, Gerhard Subject Property Location: Block 3, Lot 1 County records inadvertently missed the quit claim of lot 1, an Assessed Value is not available. In June 2000, the subject property was acquired for a reported sum of $17,500. This property is not currently listed for sale. Through our negotiations, Mr. Degen has determined that his asking pdce is $100,000. Mr. Degen believes the justification in support his figure is due to the loss of profit he would realize if he, as a investor, developed the site with a single-family improvement. In addition, Mr. Degen is of the opinion that a replacement of such a property is not available and therefore increases the value of his property. Buyer's Position: The City has hired an independent State Certified General Real Estate Appraiser, to determine the fair market value. Based on an appraisal dated July 31,2002, Real Property Analysts valued the : property at $50,000. The issue over loss of potential revenue is one not compensable in an emine~ domain case. This issue over potential use is weighed and considered in the appraisal under the r~ concept of highest and best use. Loss potential revenue should not be considered in the assessment of fair market value in acquiring vacant land. It is also not the buyer's responsibility to provide a replacement site in Eminent Domain involving vacant land. The appraisal considers recent sales and available properties in determining fair market value. If the supply is Iow and the demand is high then the fair market value is adjusted upward. Comments/Recommendations: Based on research of vacant land in the area, I believe it is fair to say that the subject property value is in excess of the June 2000, purchase pdce. As the seller has pointed out, there is a diminishing supply of vacant land in the area and a increase in demand. This has been weighed and considered by the appraiser. Without the ability to compensate the seller for potential loss revenue, we can not substantiate the asking pdce. A meeting has been set for December 26~, with the property owner to discuss a $60,000 settlement figure. This figure is comprised of the recent appraised value of $50,000, and $10,000 in cost avoidance. If we are able to reach this settlement figure without initiating eminent domain proceedings, the City will realize a cost savings from not having to formally take the property. The cost avoidance is based on not incurring the expected expenses in a lawsuit, such as legal fees, appraisal fees, engineering fees and other expert witness fees. In the event this settlement figure, is not reached, it is recommended to pursue formal proceedings to acquire the property. February 3, 2003 NEGOTIATION SUMMARY Seller's Position: Seller: Ryan, Theodore Subject Property Location: Block 3, Lot 2 County records inadvertently missed the quit claim of lot 2, an Assessed Value is not available. in June 2000, the subject property was acquired for a reported sum of $17,500. This property is not currently listed for sale. Through our negotiations, Mr. Ryan has determined that his asking pdce is $100,000. Mr. Ryan believes the justification in support his figure is due to the loss of profit he would realize if he, as a investor, developed the site with a single-family improvement. In addition, Mr. Ryan is of the opinion that a replacement of such a property is not available and therefore increases the value of his property. Buyer's Position: The City has hired an independent State Certified General Real Estate Appraiser, to determine the fair market value. Based on an appraisal dated July 31,2002, Real Property Analysts valued the : property at $50,000. The issue over loss of potential revenue is one not compensable in an eminent domain case. This issue over potential use is weighed and considered in the appraisal under the [ concept of highest and best use. Loss potential revenue should not be considered in the assessmeht of fair market value in acquiring vacant land. It is also not the buyer's responsibility to provide a replacement site in Eminent Domain involving vacant land. The appraisal considers recent sales and available properties in determining fair market value. If the supply is Iow and the demand is high then the fair market value is adjusted upward. Comments/Recommendations: Based on research of vacant land in the area, I believe it is fair to say that the subject property value is in excess of the June 2000, purchase pdce. As the seller has pointed out, there is a diminishing supply of vacant land in the area and a increase in demand. This has been weighed and considered by the appraiser. Without the ability to compensate the seller for potential loss revenue, we can not substantiate the asking pdce. A meeting has been set for December 26~, with the property owner to discuss a $60,000 settlement figure. This figure is comprised of the recent appraised value of $50,000, and $10,000 in cost avoidance. If we are able to reach this settlement figure without initiating eminent domain proceedings, the City will realize a cost savings from not having to formally take the property. The cost avoidance is based on not incurring the expected expenses in a lawsuit, such as legal fees, appraisal fees, engineering fees and other expert witness fees. In the event this settlement figure.is not reached, it is recommended to pursue formal proceedings to acquire the property. February 3, 2003 NEGOTIATION SUMMARY Seller's Position: Seller: Robert P. Brown Subject Property Location: Block 5, Lot 2 2001 Assessed Value $5,508. In February 2000, the subject property was acquired for a reported sum of $4,500. Originally the property was listed for $30,000. On June 20, 2001, the property listing was increased to $60,000. Then in May of 2002 the property listing increased to $90,000. Currently the property is no longer listed for sale on Multiple Listing Service. Based on our negotiations, Mr. Brown has increased his asking pdce of the subject property to $250,000, stating he may take $125,000 as a settlement. Mr. Brown has not demonstrated a valid justification to support his figure. Buyer's Position: The City has hired an independent State Certified General Real Estate Appraiser, to determine a" market value. Based on an appraisal dated July 31,2002, Real Property Analysts valued the property at $40,000. Comments/Recommendations: Based on research of vacant land in the area, I believe it is fair to say that }he subject property value is in excess of the February 2000, purchase pdce. There is a diminishing supply of vacant land in the area and an increase in demand. There is however no supporting sales or listings, whether current or historically for this area, to substantiate the asking pdce. More than reasonable efforts have been extended to purchase the subject property. All land surrounding the subject is now owned by the City. It is my recommendation, that the City proceed with eminent domain to acquire the land. February 3, 2003 NEGOTIATION SUMMARY Seller's Position: Seller: Janots, Frank Subject Property Location: Block 2, Lot 1 2001 Assessed Value $300. (note: The 2001 sale will increase the 2002 assessed value. ) in May 2001, the subject property was acquired for a reported sum of $30,000. This property is not currently listed for sale. Through our negotiations, Mr. Janots has determined that his asking pdce is $95,000. Mr. Janots has stated his justification in support his figure is due the demand for the property. Mr. Janots stated that he has another offer to purchase the property for $95,000. Therefore he believes $95,000 is what the market will yield. No contracts have been forwarded by Mr. Janots collaborating his statement of another offer. Buyer's Position: The City has hired an independent State Certified General Real Estate Appraiser, to determine the f~r market value. Based on an appraisal dated July 31~, 2002, Real Property Analysts valued the prope .~!~ at $50,000. The appraisal has considered recent sales and available properties in determining fair market value. Without a bona-fide contract in hand, by Mr. Janots, support of his position is not recognized. Comments/Recommendations: · Based on research of vacant land in the area, I believe it is fair to say that the subject property value is in excess of the May 2001, purchase pdce. There is diminishing supply of residential vacant land in the area and a increase in demand. Without sales in support of Mr. Janots claim that the market will yield a higher price for his property, we can not substantiate the asking pdce. The Urban Group has attempted to settle this purchase at $62,500, as a final figure the City would be willing to purchase the land for. This figure is comprised of the recent appraised value of $50,000, and $12,500 in cost avoidance. Mr. Janots has not changed his position that the property is worth more. Mr. Janots has provided, what he feels, are comparable sales as justification to his offer to sell at $95,000. In reviewing the provided comparables, it is believed that they are supedor to the subject. The Urban Group wil} pursue a negotiated settlement with the owner, however, it is recommended to pursue formal proceedings to acquire the property. February 3, 2003 VI.-CODE - LEGAL SETTLEMENT CITY OF BOYNTON BEA ITEM A. AGENDA ITEM REQUEST ur v. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June I7, 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 AGENDAITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearmg ..~ o [] Code Compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: On behalf of Vice Mayor Mike Ferguson, staff requests the City Commission reviewr~. Code Compliance Lien Modification Order dated April 4, 2003, (Exhibit 'A') and file a motion to ratify or modif~the Board's decision. EXPLANATION: At their March 27, 2003 hearing, the Code Compliance Board reduced the fine in Case #98-1571 from $35,925.00 plus $634.12 in administrative Posts to $1,000.00 including administrative Posts, as indicated in the enclosed minutes. (Exhibit 'B') This request is brought forth consistent with City Ordinance Number 001-07. PROGRAM IMPACT: Property was brought into compliance and is now an asset to the community. FISCAL IMPACT: Any decision equal to or greater than $634.12 will recuperate the City's expenses in administering this ease. ALTERNATIVES: Modify the Board's decision not to exceed $35,925 pJus the aforementioned administrative costs. Department Head's Signature Signature Department Name City Attorney / Finance / Human Resources S:q3ULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH, FLORIDA - CODE COMPLIANCE BOARD CASE NO. 98-1571 Petitioner, VS. CRYSTAL M. SIMPSON Respondent(s). / LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on March 27~ 2003~ pursuant to Chapter two, Article five of the City Code o£ ©rdinances. The Board having considered the application, all the facts regarding the specific code or codes the appealing party was in violation of, the date of the original board hearing, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific case and being otherwise duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED that: 1. This Board has subject matter jurisdiction of this cause and jurisdiction over the Respondent. 2. The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Board on July 7~1999 on the Property located at 3201 N. Seacrest Blvd., Boynton Beach, Florida, with the legal description of: 1 North Ridge Estates Lt 7 according to the plat thereof as recorded in ORB 8422, Page 1482, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-09-07-000- 0070, is REDUCED TO $1,000.00. 4. The City shall prepare a release and satisfaction consistent with this Order. 5. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's expense. 6. This Order is not final until the time period for appeal under the Code has elapsed and if appealed is properly disposed by the City Commission. DONE AND ORDERED after heating at City of Boynton Beach, Palm Beach County, Florida this Z~day of ]~_1~]~ , 2003. Christ~ 0t~~ Lido, CHAIRMAN CODE COMPLIANCE BOARD ATTEST: - , !.~\~llllllltll. on City Attorney City Clerk Respondent S:ca~depts/police/Lien Modification Order Form 2 \~ ~ i/ Meeting Minutes Code Compliance Board Boynton Beach, Florida March 27, 2003 order for a motion to pass, it will be necessary that all four members vote affirmatively. If a member votes nay, the request for a lien reduction would fail. Attorney Tolces suggested that an applicant could have the request for a lien reduction rescheduled to next month when more members would be present. The applicant should make this decision when the case is called. II. Approval of Minutes None III. Approval of Agenda Motion Ms. Costantino moved to approve the Agenda. Motion seconded by Mr. Rossi and unanimously carried. IV. Swearing in of Witnesses and Introduction The Recording Secretary administered the oath to all persons who would be, testifying. V. Old Business A. Lien Reductions Case No. 98-1571 Crystal L. Simpson 3201 N. Seacrest Blvd. Mr. Blasie presented the case and reported that the case was initiated on April 9, 1998 for violation of the Community Appearance Code and for Part 3 of the Land Development Regulations pertaining to hedge height. The case first came before the Board on February 17, 1999 and no one appeared. A compliance date of March 15, 1999 was set or be fined $25 per day. The property complied on March 25, 2003 for 1,437 days of non-compliance and a fine of $35,925, and the applicant has met the criteria for a lien reduction. Mr. Blasie presented photos to the applicant and then to the Board; two photographs were taken in 1999 and three photographs were taken today. Acting Chair Foot inquired why the minutes of the fine certification hearing were not included in the agenda packet. Mr. Blasie explained that he did not include those minutes since the applicant was not present at the hearing, which took place on May 19, 1999 and there was no testimony. Mr. Blasie stated that this same scenario applied to all three cases. 2 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 27, 2003 Acting Chair Foot inquired why the respondent was originally cited and Mr. Blasie stated that it was primarily for grass and a hedge. Acting Chair Foot inquired about the fence, and Mr. Blasie responded that the fence was in compliance. Mr. Blasie reported that the applicant tried to get assistance from Community Development in October 1998, but was turned down because there were other code violations. Crystal Simpson assumed the podium in a very distraught condition and was emotional throughout her entire testimony, which made it difficult for her to speak. Ms. Simpson said that she did receive sod from the City and that is when she found out that there was a lien on her property. Ms. Simpson said if she had known there was a lien on her property, she would never have let it go for that long a period of time. Acting Chair Foot inquired when the sod was installed on her property and she said it was probably towards the end of last year, but she did not recall the date. She also purchased another pallet herself last week to complete the grass. Acting Chair Foot inquired about the hedge, and Ms. Simpson said that she takes. care of the hedge on a regular basis. The reason she did not purchase the sod when she was originally cited was due to her financial condition and she could not afford it. Acting Chair Foot inquired if Ms. Simpson received proper notice and was informed that she did. Ms. Simpson said that she did not understand the notice when she received it. Acting Chair Foot inquired if the City had any additional contact with the applicant. Mr. Blasie thought that the applicant may have appeared at another hearing and asked her if this was for another case. Ms. Simpson stated that she appeared at another hearing last year for sod. Mr. Miriana inquired how the property looked, and Mr. Blasie responded that the property is in good condition. Mr. Blasie stated that since this is the only lien on the property, he would assume that the other case complied. Mr. Blasie requested to contact his office to determine if this were the case. If the property complied sooner than indicated, this would reduce the' amount of the fine. Ms. Costantino requested that Mr. Blasie follow through. Ms. Simpson stated that she had applied to the City for assistance in 1998 but did not receive it. She began working at a different job that paid less and was then qualified for assistance from the City, which she received in the form of sod. RECESS WAS DECLARED AT 3:23 P.M. THE MEETING RECONVENED AT 3:30 P.M. 3 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 27, 2003 Mr. Blasie reported that there was a newer case for the applicant, and the property came into compliance on September 10, 2002. Therefore, the compliance date for this case should be changed from March 25, 2003 to September 10, 2002. Acting Chair Foot said that this would reduce the number of non-compliance days by approximately 180, but the fine would still be around $30,000. Mr. Miriana asked if the property owners are notified when the liens are filed, and Mr. Blasie responded that they are furnished with the proper documents by mail. Ms. Simpson said when she received those notices, she did not understand them. Mr. Miriana suggested fining the applicant the administrative costs, plus $1,000 for a total of $1,634.12. Ms. Costantino pointed out how distraught the applicant was and she did not feel that this large fine was fair. She noted that the applicant tried to comply and tried to get assistance. Ms. Costantino suggested assessing only administrative costs. Motion ~ Based on the testimony and evidence presented in Case No. 98-1571, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Ms. Costantino moved that this Board reduce the fines instituted in Case No. 98-1571, by virtue of this Board's Order of February 17, 1999, to $0 and $634.14 in administrative costs. Motion seconded by Mr. Rossi. Mr. Miriana requested that the motion be amended to include an additional $1,000. He felt that the case had dragged on too long. Mr. Rossi suggested that Ms. Costantino amend her motion to make the total fine $1,000 that would include the administrative costs. Ms. Costantino had concerns for the applicant and that she could lose her property if a large fine were assessed. Ms. Costantino would not amend her motion as requested. The Recording Secretary called the roll and the motion failed 1-3 with Acting Chair Foot, Messrs. Miriana and Mr. Rossi dissenting. Motion Based on the testimony and evidence presented in Case No. 98-1571, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Miriana moved that this Board reduce the fines 4 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 27, 2003 instituted in Case No. 98-1571, by virtue of this Board's Order of February 17, 1999, to $1,000 plus $634.14 in administrative costs. The motion died for lack of a second. Motion Based on the testimony and evidence presented in Case No. 98-1571, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Rossi moved that this Board reduce the fines instituted in Case No. 98-1571, by virtue of this Board's Order of February 17, 1999, to $1,000, including administrative costs. Motion seconded by Ms. Costantino, which unanimously carried. Attorney Tolces explained that the City Commission will receive a copy of the finding and the applicant will be notified when the paperwork has been finalized. Case #00-2856 Jeffrey & Beverly Annabel 327 SW 1st Ave. Mr. Blasie reported that the property was originally cited on October 25, 2000 for violation of Part 3 of the Land Development Regulations, pertaining to the height of the hedge. The case first came before the Board on December 20, 2000 and the applicants did appear. A compliance date of March 21, 2001 was set or be fined $25 per day. The property came into compliance today, March 27, 2003. The fine for 735 days of non-compliance amounts to $18,375, plus $634.12 in administrative costs. Mr. Blasie presented photographs of the property to the applicant and then to the Board; five photos taken on March 28, 2001 and two photos taken March 27, 2003. Mr. Blasie explained that the applicant is not being required to comply with the grass in the swale area, because her street is part of a City project that will receive new water mains and sewer facilities. At that time, new curbs and gutters will be installed. Beverly Annabel asked Mr. Blasie for copies of the documents from the Code Compliance Hearing that she attended. She said that at the time of the original hearing she provided letters from her neighbors that testified that her property was kept in beautiful condition and was well maintained. She noted that the hedges have been on the property for over 85 years at the same height. She said when she purchased the home in 1988 it was never brought to her attention that the hedges were in violation. Her house is on a hill and the hedges afforded them privacy and provide aesthetic value to the neighborhood. Ms. Annabel said if she had known the hedges were in violation, she would not have purchased the property. The hedges have now been cut to the proper 5 VI.-CODE - LEGAL SETTLEMENT CITY OF BOYNTON BEA ITEM B. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 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 l, 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 ~ c'~--~ [] Code Compliance/Legal Settlements [] Unfinished Business :~ -<c:~ RECOMMENDATION: On behalf of Vice Mayor Mike Ferguson, staff requests the City Commission rev~ew ~ Code Compliance Lien Modification Order dated April 4, 2003, (Exhibit 'A') and file a motion to ratify or~ibdil~ Board's decision. EXPLANATION: At their March 27, 2003 hearing, the Code Compliance Board reduced the fine in Case ~.0-2~ from $18,375.00 plus $634.12 in administrative costs to $750.00 including administrative costs, as indicated in the enclosed minutes. (Exhibit 'B') This request is brought forth consistent with City Ordinance Number 001-07. PROGRAM IMPACT: Property was brought into compliance and is now an asset to the community. FISCAL IMPACT: Any decision equal to or greater than $634.12 will recuperate the City's expenses in administering this case. ALTERNATIVES: Modify the Board's decision not to exceed $18,375.00 plus the aforementioned administrative costs. gr Department Hea'-~s Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETINLFORMSL&GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH, FLORIDA - CODE COMPLIANCE BOARD CASE NO. 00-2856 Petitioner, vs. .1EFFREY & BEVERLY ANNABEL Respondent(s). / LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on March 277 2003~ pursuant to Chapter two, Article five of the City Code of~Ordinances. The Board having considered the application, all the facts regarding the specific code or codes the appealing party was in violation of, the date of the original board heating, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific case and being otherwise duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED that: 1. This Board has subject matter jurisdiction of this cause and jurisdiction over the Respondent. 2. The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Board on April 25~ 200!. on the Property located at 327 SW 1sT Avenue, Boynton Beach, Florida, with the legal description off Boynton Heights add revised pl Its 19 to 24 inc & S ½ of alley lyg adj thereto & nly thereofblk 10, according to the plat thereof as recorded in ORB 07495, Page 1288, of the Public Records of Palm Beach County, Florida, PCN: 08-43-45-28-10-010-0190, is REDUCED TO $750.00. 4. The City shall prepare a release and satisfaction consistent with this Order. 5. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's expense. 6. This Order is not final until the time period for appeal under the Code has elapsed and if appealed is properly disposed by the City Commission. DONE AND ORDERED at[er hearing at City of Boynton Beach, Palm Beach County, Florida this ,4.,~"day of ~ ~O~ ~- , 2003. -' Christopher ~e L]so, CHAIRMAN CODE COMPLIANCE BOARD ATTEST: ., ,\\\\'dU!IIIIIii! , CITYCLE~ '~ -: ~i . O~ copies ~mished: '%2~O~ .~' Honorable Mayor ~d the City Co~ission City Attorney City Clerk Respondent S:c~dep~police/Lien Modification Order Fo~ 2 \\ ~ii , Meeting Minutes Code Compliance Board Boynton Beach, Florida March 27, 2003 instituted in Case No. 98-1571, by virtue of this Board's Order of February 17, 1999, to $1,000 plus $634.14 in administrative costs. The motion died for lack of a second. Motion Based on the testimony and evidence presented in Case No. 98-1571, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Rossi moved that this Board reduce the fines instituted in Case No. 98-1571, by virtue of this Board's Order of February 17, 1999, to $1,000, including administrative costs. Motion seconded by Ms. Costantino, which unanimously' carried. Attorney Tolces explained that the City Commission will receive a copy of the finding and the applicant will be notified when the paperwork has been finalized. Case #00-2856 Jeffrey & Beverly Annabel 327 SW 1=t Ave. Mr. Blasie reported that the property was~0riginally cited on October 25, 2000 f(~r violation of Part 3 of the Land Development Regulations, pertaining to the height of the hedge. The case first came before the Board on December 20, 2000 and the applicants did appear. A compliance date of March 21, 2001 was set or be fined $25 per day. The property came into compliance today, March 27, 2003. The fine for 735 days of non-compliance amounts to $18,375, plus $634.12 in administrative costs. Mr. Blasie presented photographs of the property to the applicant and then to the Board; five photos taken on March 28, 2001 and two photos taken March 27, 2003. Mr. Blasie explained that the applicant is not being required to comply with the grass in the swale area, because her street is part of a City project that will receive new water mains and sewer facilities. At that time, new curbs and gutters will be installed. Beverly Annabel asked Mr. Blasie for copies of the documents from the Code Compliance Hearing that she attended. She said that at the time of the original hearing she provided letters from her neighbors that testified that her property was kept in beautiful condition and was well maintained. She noted that the hedges have been on the property for over 85 years at the same height. She said when she purchased the home in 1988 it was never brought to her attention that the hedges were in violation. Her house is on a hill and the hedges afforded them privacy and provide aesthetic value to the neighborhood. Ms. Annabel said if she had known the hedges were in violation, she would not have purchased the property. The hedges have now been cut to the proper 5 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 27, 2003 height in accordance with the Code, but now they have no privacy. The applicant said that she would never knowingly break any laws. She also pointed out that she has severe financial difficulties and that her husband is disabled and unable to work. She has lost several jobs and has had to refinance her house to get by. The first time when she refinanced her house in 2001, there was no lien on the property. However, she has been laid off again and when she went to refinance a second time, the lien showed up. The applicant also felt that it was the City's responsibility to cut down the hedges that were in the swale area since this is public property. She said that she did not have the money to clear the swale area and asked the City to do it. Acting Chair Foot inquired if the City was required to furnish the applicant with copies of documents, and Attorney Tolces said that it was not the responsibility of the City to provide these documents at a lien reduction proceeding. It is the responsibility of the applicant to bring any documents that they would like the Board to consider during a lien reduction. Acting Chair Foot asked what the date was for the lien certification hearing and was informed that it was April 18, 2001. No one appeared and a fine of $25.00_. per day was set. ~ · Ms. Annabel said that she looked at the City Code and it said that it was the City's responsibility to certify that a property be in full compliance prior to the sale of that property. It also stated that the property must be inspected and certified before a certification of title can be transferred from one owner to another. She said that this was not done when she purchased her home. Attorney Tolces explained that the City does not get involved in private property transactions. A person or title company can make a request to the City to determine if there are any liens on the property, and the City will supply that information. It would be impossible for the City to inspect every piece of property being sold. Mr. Rossi noted that there was a remark in the minutes regarding endangered species and asked how the City addresses this. Mr. Blasie pointed out that in Chapter 10, Section 2 of the City Code it states that Australian Pine and Florida Holly must either be removed or cultivated. Mr. Blasie said that the intent of the Code is not to let the Florida Holly grow out of control. He noted that there was Florida Holly and Australian Pine growing in the applicant's hedges. Ms. Annabel said it cost her $3,000 to cut down the hedges today, which she paid for herself. She has never received any kind of assistance from the City. Mr. Blasie pointed out that if the hedges were in the right-of-way, the City would probably have taken them down when the infrastructure project begins. 6 Meeting Minutes Code Compliance Board Boynton Beach, Florida March 27, 2003 Motion Based on the. testimony and evidence presented in Case No. 00-2856, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Rossi moved that this Board reduce the fines instituted in Case No. 00-2856, by virtue of this Board's Order of December 20, 2000, to $0 and $634.14 in administrative costs. Motion seconded by Ms. Costantino. Acting Chair Foot felt that this case was more flagrant than the previous case and recommended a fine of $1,000. Mr. Rossi amended his motion to change the total fine to $1,000. Ms. Costantino would not amend her second of the motion. Mr. Rossi withdrew his original motion. Motion Based on the testimony and evidence ~presented in Case No. 00-2856, an~ having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach code of Ordinances, Mr. Rossi moved that this Board reduce the fines instituted in Case No. 00-2856, by virtue of this Board's Order of December 20, 2000, to $1,000, including administrative costs. Acting Chair Foot passed the gavel and seconded the motion. The Recording Secretary called the roll and the motion failed 3-1 (Ms. Costantino dissenting). Motion Based on the testimony and evidence presented in Case No. 00-2856, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the City of Boynton Beach code of Ordinances, Acting Chair Foot moved that this Board reduce the fines instituted in Case No. 00-2856, by virtue of this Board's Order of December 20, " 2000, to $750, including administrative costs. Motion seconded by Ms. Costantino. The Recording Secretary called the roll and the motion carried 4-0. Attorney Tolces explained that after the City Commission reviews the case, Ms. Annabel will receive an order reducing the lien to $750. 7 VIII.-PUBLt'C HEARING CITY OF BOYNTON BEACH ITEM B. 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) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation '-~ Consent Agenda [~ Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 15, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 5 to 1 vote, recommended that the subject request be tabled pending further review by staff regarding maximum townhomes allowed and possible options. The City Commission may review and act upon this request, or defer it back to the CRA providing the opportunity to arrive at a recommendation after further discussion. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-074. EXPLANATION: PROJECT: The Marina (Boynton Beach) (CDRV 03-001) AGENT: Lawrence Sustiz, TRB-Boynton Beach, Ltd. OWNER: TRG-Boynton Beach, Ltd. LOCATION: 743 NE 1 st Avenue DESCRIPTION: Request to amend the Land Development Regulations Chapter 2, Zoning, Section 6.F. MIXED USE ZONING DISTRICTS, TABLE 6f-1, schedule of permitted principal, accessory and conditional uses TO INCLUDE residential, Single-Family, attached use as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A DevelOpment l~ep~'~'rtn~ent Director City Manager's Signature Plahning afi-~ Zo~mg Dir~r~ City Attorney / Finance / Human Resources S:~PlanningXSHARED\WPXSPECPROJ~CODE REVIEW~CDRV MARINA 03XAgenda Item Request Boynton Beach Marina CDRV 03-001 4-15-03.dot S:'d3ULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN];NG AND ZON];NG D~[V]'S~[ON MEMORANDUM NO. PZ 03-074 TO: Chairman and Members Planning and Develop~_.~,Board THROUGH: Michael'W. Rumpf ~ Director~g and Zoning FROM: Dick Hui~rso'n; AICP Senior Planner DATE: March 27, 2003 SUBJECT: CODE REVIEW (CDRV) 03-001 Amend Mixed Use-High l~ntensity (MU-H) zoning district regulations to allow Residential Single Family Attached Uses L . NATURE OF REQUI3_$T Mr. Lawrence .lustiz, agent for TRG-Boynton Beach, Ltd. is requesting an amendment to the Land Development Regulations, Chapter 2, Zoning, Section 6.F. ND(ED USE ZONING DISTI~CTS, TABLE 6F-:~, SCHEDULE OF PERM]'I-I'ED PP, JNCIPAL, ACCESSORY AND COND~I'~ONAL USES to include Residential, Single-Family, Attached use as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district (see Exhibit "A" - statement of request). The sPecific location where this would first be applied is the area that was rezoned to the Nixed Use-High Intensity (MU-H) zoning district on September 17, 2002, and encompasses the site of the proposed Marina Village at Boynton Beach (see Exhibit "B"-Location). BACKGROUND The City's Land Development. Regulations were amended on June 18, 2002 to adopt zoning regulations for the Mixed Use zoning districts, which include Mixed Use-Low Intensity (MU-L) and Mixed Use-High Intensity (MU-H). The major purpose of the amendments was to enable redevelopment efforts in the urban core of the Federal Highway Corridor Redevelopment Area. The urban core extends along Federal Highway from Woolbright Road on the south to the Boynton (C-Z6) Canal on the north. While the MU-L district allows both single-family attached units and single-family detached units, as well as multi-family residential development, the MU-H district allows only multi-family residential development. The site plan for the proposed Marina Village shows a row of twelve (Z2) three-story Page 2 CDRV 03-001 Townhouses in NU-H townhouses along the south side of the North Narina; since the Narina Village is zoned Nixed Use-High :[ntensity (NU-H), this code amendment will be necessary for the approval of the site plan as presented. ANALYSIS The development of the Nixed Use (Nixed Use-Low Intensity (MU-L) and Nixed Use- High Intensity (NU-H) zoning districts was an implementation measure of the Federal Hi_qhway Corridor Redeve/oprnent P/an. The Nixed Use-High Tntensity zoning district encourages development that is the most intense allowed in the City with residential densities at a maximum of 80 dwelling units per acre, 85% lot coverage, and a maximum height of 150 feet. The district is restricted to a very small area that has been the traditional downtown of Boynton Beach. The intent behind allowing the high density and intensity of development in this area is "to establish a compactness and critical mass of development and population to establish the downtown as a destination area, and to ensure its success and long term viability." Tn order to create this critical mass, one of the stated strategies outlined in the ?edera/ Highway Corridor Redevelopment Plan was to.'--"Create development standards in tl~e downtown that require intensity, bulk and building massing to establish the downtown area as a focal point. Building height at heights greater than that allowed in the surrounding areas should be encouraged." The area where the Nixed Use-High llntensity zoning district may be applied contains only approximately 75 acres in the center of the area of the Federal Highway Corridor. This is a very small portion of the area, and townhouse developments are permitted throughout the remainder of the corridor, through either the Nixed Use-Low :[ntensity (NU-L) zoning district or the :[nfill Planned Unit Development (:[PUD) district. Generally, densities for townhouse developments range between 12 and 16 units per acre, depending on the amenities being provided to the residents. Average height is three-stories, with some developments reaching four-stories, or approximately 45 feet. :[f single-family attached dwellings, or townhouses, become a permitted use in the high- density and intensity area, the Nixed Use-High Intensity zoning district will no longer serve to establish the critical mass of population so necessary to underpin the success of the downtown. This change may also combine a residential use that is less compatible than multi-family uses in an activity center. RECOI4MENDATION It is staff's opinion that the existing regulations are established to achieve a specific purpose: "to establish a compactness and critical mass of development and population to establish the downtown as a destination area, and to ensure its success and long term viability." The requested amendment to the zoning regulations for this district will serve to weaken the code's ability to achieve that purpose. Tn addition, there are Page 3 CDRV 03-001 Townhouses in MU-H sufficient areas elsewhere in the Federal Corridor Redevelopment Area, where townhouse developments are both permitted and encouraged, that the requested amendment is not necessary in order to provide a variety of housing types and price ranges to serve the existing and future population of the City of Boynton Beach. Lastly, placing townhouses between the marina facilities, which typically attract people, and the main traffic route further lowers the potential of the proposed Marina project as a pedestrian-friendly destination. Therefore, staff recommends that the request for code amendment be denied. ]:f the CRA or the City Commission approves the request, staff recommends that a condition be added to limit single family attached units to no more than five percent (5%) of the total residential units in any single development. Exhibits j:\SHRDATA\PLANNING\SHARED\WP\SPECPRO]\CODE REVIEW\CDRV~IAR~NA 03\CDRVSTAFFREPT.DOC ~ The Related Group of Florida Exhibit "A" 2828 Coral Way. Penthouse Suite Miami, Florida 33145 Tel. (305) 460-9900. Fax (305) 460-9911 Mr. Mike Rumph Director of Planning and Zoning City of Boynton Beach PL.~ ~:::... 100 E. Boynton Beach Blvd. Z., ..... . Boynton Beach, Florida 33425-03 ! 0 RE: Marina Village at Bovnton Beach Request for a Zoning Use Amendment to the Mixed Use High Intensity Zoning District Dear Mr. Rumph: As you know, the site plan we submitted on February 5, 2003 for Marina Village at Boynton Beach includes twelve (12) townhouse units on the South side of the marina. Ordinance 02-024, which created the Mixed Use High Intensity Zoning District, does not permit "Residential, Single Family Attached," or townhouses, within this District. This letter will serve as our request to the City to amend the Mixed Use High Intensity Zoning District to allow for the development of "Residential, Single Family Attached" units. This will allow for our townhouse units, as shown in our current site plan, to be considered by the CRA and the City Commission as a permitted use. The only amendment necessary to accomplish this is to change the "N" to "P" in Table 6F-I (row entitled "Residential, Single Family Attached," column entitled "MU-H Zone." Thanks for your assistance, and please call me if you have any questions. My cell phone is: (786) 236-5328. Sincerely, THE RELATED GROUP OF FLORIDA LBJ:eb Location Map Marina Exhibit "B" ~ ] ~ I ? Ii R3~ --~ 400 O 400 800 1200 Feet Y S O DmANCE NO. O3- VIII.-PUBLIC HEARING ITEM B. AN ORDINANCE OF THE CITY COMMISSION ,.~t' · CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING, SECTION 6.f. 1, TO INCLUDE RESIDENTIAL, SINGLE- FAMILY, ATTACHED USE AS A PERMITTED USE IN THE MIXED USE-HIGH INTENSITY (MU-H) ZONING DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WItEREAS, the City's Land Development Regulations were amended on June 18, 002, to adopt zoning regulations for the Mixed Use zoning districts, which include Mixed Intensity (MU-L) and Mixed Use-High Intensity (MU-H); and WHEREAS, this amendment will include residential, Single-Family, attached use as ~ermitted use in the Mixed Use-High Intensity (MU-H) zoning district; WHEREAS, the City Commission deems the adoption of this Ordinance to be in the interests of the citizens and residents oi' the City of Boynton Beach, Florida; .." NOW TItEREFORE, BE IT ORDAINED BY TI-IE CITY COMMISSION OF CITY OF BOYNTON BEACIt, FLORIDA, TI-IAT: 1. The foregoing whereas clauses are tree and correct and are now ratified and :onfirmed by the City Commission. gection 2.. That Chapter 2. Zoning Section 6.F. Mixed Use Zoning Districts, Table 6f-1, hereby amended to include residential, Single-Family, attached use as a permitted use in Mixed Use-High Intensity (MU-H) zoning district. See attached Exhibit "A". ;ection 3. Each and every other provision of the Land Development Regulations not specifically amended, shall remain in full force and effect as originally adopted. 4.. All laws and ordinances applying to the City of Boynton Beach in conflict any provisions of this ordinance are hereby repealed. ~ection 5. Should any section or provision of this Ordinance or any portion thereof be by a court of competent jurisdiction to be invalid, such decision shall not affect the ;:\CA\OrdinancesXLDR Changes~ur~-nding LDR - Section 2 - MUI-l.doe remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this ~ day of April, 2003. SECOND, FINAL READING AND PASSAGE this ~ day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner a~TTEST: City Clerk S:\CA\OrdinancesXLDR ChangesXAmending LDR- Section 2 - MUll.doc TABLE 6F-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUP/USE MU-L ZONE MU-H ZONE Residential or Lodging Use Group Bed and Breakfast C N Hotel C P Home Occupation p p Mobile Home N N Motel N N Residential, Single Family Detached P N Residential, Single Family Attached P N-P Residential, Multi-Family p p2 Boarding and Rooming House N N (except where provided by state law) Accessory Unit P N Community Facilities Use Group MU-L ZONE MU-H ZONE Government Office/Civic Center/Library C N Recreation (outdoor) P N _ Museum p p ~ House of Worship p3 N Police or Fire-Rescue Station pS p Postal Center (retail sales only) C C Post Office p p Public Park p p Public Parking Lot or Garage p p Office Use Group* MU-L ZONE MU-El ZONE * Not encouraged as a first floor use in the MU-H Zone Banks, Financial Institutions C9 C9 Medical or Dental Clinic p p Medical or Dental Office P p Physical Therapy Clinic p p Professional Business Office P p Veterinary Office or Clinic p6 N S:\CA\Ordinanccs'~LDR Chang~s'~anending LDR - Section 2 - MUH.doc USE GROUP/USE MU-L ZONE MU-FI ZONE Sales and General Commercial Use MU-L ZONE MU-H ZONE Group* * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Alcoholic Beverage Package Store p6 p6 Ammunition or Firearm Sale or Rental N N Animal Boardinl~ or Kennel C N S:\CA\OrdinanceskLDR Chang~kArn~nding LDR- Section 2 - MUH.doc l'X. - CI'TY MANAGER'S REPORT CITY OF BOYNTON BEAC ITEM A AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 Ma3' 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 (Noo_~3) [] Admimstrative [] Legal ~'~ :,,~_~ NATURE OF [] Announcement [] New Business ~~_~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing ~v~c. [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: To recognize and outline the capacity, building efforts of the residents in the Heart of-" Boynton area who have been actively organizing around specific issues relating to their neighborhood as it relates the implementation of the Heart of Boynton Plan. EXPLANATION: Neighborhood Services has worked closely with neighborhood residents in the five recognized neighborhoods to establish strong, viable organizations and assisted each one in becoming certified with the State of Florida. Residents have worked closely with other city staff, especially the police department, code compliance and public works to address neighborhood concerns. These concerns were addressed last year by the residents in the leadership development training sessions conducted by the city as demonstrated in Attachments A and B. A synopsis of stakeholder/neighborhood meetings to date is shown in Attachment C. PROGRAM IMPACT: The original purpose of the Heart of Boynton Redevelopment Plan approved by the city commission in November 2001 was to update the community redevelopment plan for the area, define the process needed to show what improvements needed to be made and steps necessary for its implementation. That focus has centered on empowering the neighborhood residents to enable them to speak and do for themselves, bring economic development, improved housing opportunities and increased social/civic improvements as deemed needed by the community. Initial master plans and schematic designs for the Heart of Boynton are shown in Attachment D. FISCAL IMPACT: N/A ALTERNATIVES: N/A.. ·/~. / ~'~.,. ~ Department H~'~d' s ~-gl~atur~-/ ,? City Manager's Signature Neighborhood Services Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC Attachment C Heart of Boynton neighborhood capacity building All five neighborhoods have incorporated (November 6, 2002) with the State of Florida and four now have regularly scheduled meetings. Poinciana Height - Meets at the Wilson Center on the second Monday of each month and has been meeting since September. They have been working with the police dept., code compliance, public works and the utilities dept and a number of issues. Ridgewood Hills - Meets at Galaxy Elementary the second Wednesday of each month since November. They have decided on a new sign and landscaping at the comer of 4th Street and Boynton Beach Boulevard, The sign has been installed. They are working on needed sidewalks needed for the neighborhood in relation to Galaxy. Boynton Terrace - Meets at St. John's Missionary Baptist Church the third Mom:lay of each month since November. --, There focus has been on a Possible name change, developing a small pocket park in their neighborhood with a sign and reviewing the proposed changes to the Boynton Terrace complex. Boynton Hills - Had their first monthly meeting in April. Their focus is on neighborhood clean-up activities, the construction activities planned for the First Baptist Church and re-design of Sara Sims Park and the area immediately to the south of Sara Sims Park. We are continuing to work with Joe Gray (JEG and Associates) to ensure continuity between the capacity building and design standards for each neighborhood and various city departments and outside agencies to make sure everything fits together so the redevelopment of the area comes from the inside out not the opposite. The Heart of Boynton Master Plans and Schematic Designs recently completed by JEG are serving as the blueprint for a number of neighborhood improvements that are planned and give the residents a visual sense of development activities that will occur. (see Attachment D) The design schematics are serving to assist with the final design for the Boynton Terrace apartments, area churches in the neighborhood, single and multi-family housing anticipated to be constructed as infill and facade treaUnents on existing structures that will remain on the neighborhood. They have been adopted by the CRA and give the city, and especially the Heart of Boynton neighborhood residents, a roadmap to follow. Not as something cast in stone, but as a mechamsm to reach shared dreams and a vision of what they can accomplish. CITY MANAGER'S REPORT Attachment D HEART OF BOYNTON MASTER PLANS AND SCHEMATIC DESIGNS EXECUTIVE SUMMARY Prepared by Joe Gray, JEG Associates March 31, 2003 STUDY PURPOSE These neighborhood design plans were developed as part of a phased strategy to re~/italize the Heart of Boynton study area. Master plans, schematic designs, and development strategies are outlined for five specific projects, consistent with the Heart of Boynton Conceptual Plan. The plans were developed through a collaborative planning process involving a team of skilled planninG and design consultants working in partnership with City staff, community residents, and other key community stakeholders. The plans include specific development and design options intended to: improve and diversify the area's housing stock; identify suitable locations for commercial centers; and improve civic facilities. RESIDENTIAL REDEVELOPMENT Two residential neighborhoods were pro, posed to be replatted with new housicLg options to replace existing sub-standard st~ctures. The block immediately south of Poincianna Elementary School between Seacrest Boulevard and N.W. 1st Street is converted into a single-family cul-de-sac. The public housing units between N.W. 11 :~ Avenue and 13u' Avenue, and 1st Street and 3r~ Street are replaced by single- family homes. The homes are designed to provide a variety of price options ranging from affordable to moderate, and to reflect a Floribbean architectural theme. The current Public Works facility located in the study area is proposed to be replaced by senior housing units, including: apartments, town homes and granny fiats. ' COMMERCIAL ACTIVITY CENTERS The eastern and western gateways at Martin Luther King, Jr. Boulevard {SeacrestJFederal .Highway} were redesigned to serve as commercial activity centers providing goods and services to meet the needs of neighborhood residents as well as commuters along these two major, corridors. Proposed commercial uses include mixed-use retail, office and residential units, and stand-alone anchor commercial facilities (i.e., grocery store, pharmacy, etc). CIVIC FACILITIES Several civic improvements are recommended to improve livability conditions in the Heart of Boynton and to compliment proposed new residential and commercial development. The Sara Sims Park and cemetery is proposed to undergo extensive renovation. The proposed changes include the relocation of the basketball facilities to the Wilson Center and making Sara Sims more passive and family oriented, with community gardens and a showcase playground. The cemetery would be expanded to accommodate formal services. A community celebration green, new picnic pavilions, tennis courts, and arbors are also proposed for the site. The Heritage Park at the comer of MLK Blvd. and Seacrest Ave. will be renovated as part of the Sara Sims Park redevelopment. Recommendations for the Wilson Center and surrounding park include the replacement of the current community center with a 13,000 square foot facility with a covered, open- air basketball pavilion, multi-purpose ball fields, a renovated swimming complex, a small playground, and new fishing docks along the canal. C: Dan DeCarlo Quintu's Greene ~l~'J';-'Hawkins ' IX.-¢ITY MANAGER'S CITY OF BOYNTON BEAC REPORT AGENDA ITEM REQUEST FC ITEM B.. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April I, 2003 March 17, 2003 (Noon.) [] June 2. 2003 May 19, 2003 (Noon} [] April 15, 2003 March 31, 2003 (Noon} [] June 17, 2003 June2, 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 RECOMMENDATION: Approval of the attached resolution authorizing staff to apply for a HUD Section 108 Loan fo"~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 Interbank rate (LIBOR) plus 20 basis points. On March 31 of this year this rate was 1.288 percent. 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 and $3 million. S:\BULLETIN\FORMSL4.GENDA 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. The actual funding level available for these sub-recipients would be a function of' both the size of` the Section 108 loan and the prevailing interest rate. For example, assuming an annual CDBG allocation of $600,000, a repayment period o£ 20 years at an interest rate of' 5%, the annual debt service on a $3 million loan would be $237.500. Similarly, at $2 million the debt service would be $158,400 and at $1 million it would be $79,200. Allowing for a maximum of' 20% as the city's administrative tee as well as providing the maximum 15% for various non-profit public service programs, the balance remaining for other sub-recipients and residential rehabilitation programs after the payment o£ debt service would be $152,400 at the $3 million loan level, $231,600 at the $2 million level and $310,800 at the I million level. ALTERNATIVES: Use proceeds from the city's general fund or CRA TIF revenues for proposed Phase I property acquisition and relocation activities or indefinitely postpone the implementation of the Heart of Boynton Plan. De City Manager's Signature Department of Development City Attorney Finance / Human Resources S:\BULLETIN\FORMSL4.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 WItEREAS, 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-~he 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 WItEREAS, 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:\CA'dt. ESO\Grants'd-IUD Section 108 Reso.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 hereof. Section 2. That staff is hereby authorized to apply for up to $3 million in federal funds under the provisions of the Section 108 loan Guarantee Program of the U.S. Department 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, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA~ESO\OrantsXHUD Section 108 Reso.doc XI. - NEW BUSINESS CITY OF BOYNTON BEAC ITEM A. AGENDA ITEM REQUEST FL .... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in Me~ing Dates in to City Clerk's Office Meeting Dates to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 3 I, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July I, 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 RECOMMENDATION: " '= Motion to allow for City Commission discussion of the City's height allowances/restrictions along the Federal Highway Corridor. EXPLANATION: A member of the City Commission has asked that the entire Commission give consideration to a modification to the City's height allowances/restrictions along the Federal Highway Corridor. PROGRAM IMPACT: Adoption of this motion will authorize City Commission discussion on this subject. FISCAL IMPACT: None so far. The action proposed is just to allow further City Commission discussion on the subject. ALTERNATIVES: Not to allow further discussion on the matter. Manager's Si~,nature City Manager's Office Department Name City Attorney / Finance / Human Resources S:~BULLETINTFORMSXAGENDA ITEM REQUEST FORM.DOC FEDERAL HIGHWAY CORRIDOR CURRENT AND ALLOWABLE HEIGHT/DENSITY STANDARDS MAP On File in City Clerk's Office The picture was not "viewable." XlI. - LEGAL CITY OF BOYNTON BEA( rrEta A. 1 AGENDA ITEM REQUEST FLnx ,l 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) [] May20,2003 May 5, 2003 (Noon) [] JulylS, 2003 June 30, 2003 (Noon) ~'3' [] Administrative [] Legal ro ~_.: NATURE OF [] Announcement [] New Business "~ tn--4 AGENDA ITEM [] City Manager's Report [] Presentation z- .. [] Consent Agenda [] Public Heating r~o [] Code Compliance/Legal Settlements [] Unfinished Business -- ~ ' City Commission Agenda under'" RECOMMENDATION: Please place this request on the April 15, 2003 Legal, Ordinance - Second Reading. The City Commission with a 4 to 0 vote, recommended approval under First Reading on April 1, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-245. EXPLANATION: Motorola Land Use Amendment (LUAR 02-007) AGENT: R. Duke Woodson, Foley & Lardner OWNER: Maury L. Carter & Associates, Inc. LOCATION: South East comer of Gateway Boulevard and Congress Avenue DESCRIPTION: Request to amend the Comprehensive Plan Future Land use map to reclassify 49.695 acres of the Motorola DRI from IndusU'ial (IN-D) to Local Retail Commercial (LRC). For multi-family, ancillary commercial development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES~ N/A City Manager's Signature Planning and Zoning Di~ctor City Attorney / Finance / Human Resources S:WlanningkSHARED\WPkPROJECTSXMotorola DR.I~LUAR'O, genda Item Request Motorola LUAR 024307 Amend Adopt Apr 15, 2003.dot S :~PlanningXSHARED\WP~PROJECTSkMotorola DILl~UAR%genda Item Request Motorola LUAR 02407 Amend Adopt Apr 15, 2003.dot ORDINANCE NO. 03- G II AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT 1500 GATEWAY BOULEVARD, CONSISTING OF APPROXIMATELY +__49.69 ACRES OF LAND, (MOTOROLA DRD; 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 INDUSTRIAL (I) TO LOCAL RETAIL COMMERCIAL (LRC); PROVIDING FOR CONFLICTS, SEVERABILrrY, AND AN EFFECTIVE DATE. WItEREAS, the City Commission of the City of Boynton Beach, Florida has Comprehensive Future Land Use Plan and as part of said Plan a Future Land Element by Ordinance No. 89-38 in. accordance with the Local Government-. ;ive Planning Act; and WItEREAS, the procedure for amendment of a Future Land Use Element of a ~rehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, the Development Order for the Motorola DRI limits development this portion of the total site to 63,500 square feet of retail commercial development 500 dwelling units, which is significantly less than the maximum allowed intensity, and WItEREAS, at, er 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 Plan as adopted by the City herein. NOW, TItEREFORE, BE IT ORDAINED BY TItE CITY COMMISSION OF CITY OF BOYNTON BEACIt, FLORIDA, TItAT: Section 1: The foregoing WHEREAS clauses are true and correct and herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the g: ~: \~\orct£n~nces\p~&nninc3\l.~nd ~$s~\~o~orol,& lll~I Imnd Us~-do~ That the Future Land Use of the following described land shall be designated as Local 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 22"4 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 DEGREI~S 10 MINUTES 03 SECONDS EAST, ALONG SAID WESTERLY RIGHT-OF'- ff 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 BEING THE NORTH RIGHT-OF-WAY LINE OF THE BOYNTON CANAL C-16, AS RECORDED [lq 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 ! 0 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 KECORDED IN OFFICIAL RECORDS BOOK 6654, PAGE 408, PALM BEACH COUNTY, FLOR.IDA PUBLIC KECORDS, 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 MI2~dTES 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 INTE~ECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF NW 22~ AVENL~ BEING THE SOUTH LINE OF THAT CERTAIN 4.0 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OE 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"'~ 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\ordinancei\Pl&nn£ng\Lan~ ~e\~oto~o~& DR! ~ ~le.~ 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, CONTEXIUING 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 147~8:02 FEET TO AN INTERSECTION ~ THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, BEING~- THE EAST LINE OF THAT CERTAXN 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 MI2qUTES 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, CONTINI.FING 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\ordinlncel\~l~ng\Land Ule\~oCorol& DRI Land Ole.doc SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RiGHT-OF- WAY DEDICATED BY SAID PLAT; THENCE NORTH 01 DEGREES 4~ MINUTES 21 SECONDS WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 408.0l FEET; THENCE NORTH 89 DEGREES 33 MINUTES 31 SECONDS EAST, A DISTANCE OF 150.11 FEET; THENCE SOUTH 01 DEGREES 4,~ 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 MI2NUTES 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 LYtt;dG 50.00 FEET SOUTH OF, AS ~ '~ MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF NW 22'"~ 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 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 SAID PLAT; THENCE SOUTH 89 DEGREES 04 ~ES 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 ,~5 DEGREES 24 MIlqUTES 34 SECONDS WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 665,~, PAGE 410, PALM BEACH COUNTY, FLORIDA pUBLIC RECORDS, A DISTANCE OF 55.26 FEET; THENCE SOUTH 01 DEGREES 4~ MINUTES 21 SECONDS WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A :\CA\Ordi~%&ncel\Pla~l~£ng\La~d ~/ii\HO~O~OI& DIt! L~ICI Ule.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 LI2qE 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 SAID CURVE, TI-IROUGH 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 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 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. Section 3: That any maps adopted in accordance with the Future Land Use Element ;hall be amended accordingly. A notation shall be added to all maps to reference the .imitation on maximum retail commercial square footage. Section 4: Ail ordinances or parts of ordinances in conflict herewith are hereby ,epealed. Section 5: Should any section or provision of this Ordinance or any portion thereof De declared by a court of competent jurisdiction to be invalid, such decision shall not affect :he remainder of this Ordinance. l:\CA\Ordinancll\Plan~ing\Land ~le\~o~o:o~i DRI ~ Ule.dOC Section 6: This Ordinance shall become effective 31 days after adoption, unless If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this [ day of i~l)~.i ~ ,2003. SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner iST: City Clerk Corporate Seal) $ = \CA\Ordinancei\;l~%ing\~and Uim\~oCorola DIiI l.llld Ule.d~c DEVELOPMENT DEPARTMENT PLANN~[NG & ZONZNG DZV~[SZON MEMORANDUM NO. PZ 03-079 TO: Mayor and City Commissioners City o~y~ Beach FROM: Dick I~, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: April 2, 2003 PRO.1ECT DE$CR]:PT]:ON Project/Applicant: MOTOROLA DR[/Daryl M. Carter Maury L. Carter & Associates, Inc. Agent: R. Duke Woodson of Foley and Lardner Owner: Motorola, Inc. Location: 1500 Gateway Boule~vard (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 DR[ consisting of_+49.69 acres classified ]industrial (I) and zoned Planned Industrial Development (PID). Proposed change/use: To reclassify the subject portion of the property from Industrial (I) to Local Retail Commercial (LRC), and rezone from PID-Planned Industrial Development to C-3 Community Commercial in order to develop with 500 units of multi-family residential housing and 63,500 sq. ftc. of commercial development. The above referenced large scale land use amendment was transmitted to the Florida Department of Community Affairs (DCA) following approval by the City Commission in public hearing on December 3, 2002. As per the requirements of Chapter 163, F.S., DCA provided the City with its Objections, Recommendations and Comments (ORC) Report, which was received on March 7, 2003. The City has 60 days from the receipt of the ORC Report to adopt, adopt with changes, or determine not to adopt the proposed amendment. Page 2 LUAR 02-007 Motorola DRI Upon receipt of the adoption package, the Department will conduct a compliance review, make a compliance determination and issue the appropriate Notice of Intent (NOI). Staff has worked with the applicant to provide responses to each of the Department's recommendations. Those responses are found as Exhibit"B" to this memorandum. RECOMI~ENDAT~ON. Staff has determined that 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 requests for large-scale land use amendment and concurrent rezoning be approved. Attachments: .i:.~.iRDATA\P~nning~.~.~ARED\WI~PRO.1ECT~ OR~LUAR~ Heaf'~ng Location Map EXHIBIT"A" MOTOROLA P.I.D. Exhibit "B" OBJECTIONS, RECOIVEMENDATIONS AND COMMENTS REPORT PROPOSED COMI~REFIENSIVE PLAN ),aMENDMENT CITY OF BOYNTON BEACH (DCA No. 03-D1) I. CONSISTENCY WITH CItAPTER 163, F.S., AND RULES 9J-5 & 9J-11, F.A.C. The Department has completed its review of the proposed amendment to the City of Boynton Beach Comprehensive Plan (DCA No. 03-D 1). The amendment involves a change to the Future Land Use Map in support of an amendment to the development order for the Motorola Development of Regional Impact. The Depa[~ment has the following objection. Objection: The proposed Future Land use Map amendment is internally inconsistent with Boynton Beach Land Use Element Policy 1.19.2. which requires that a change in land use from an industrial designation to commercial be based upon adequate data including market analysis. Additionally, the proposed amendment is not supported by sufficient data and analysis demonstrating that an adequate level of service will be available to serve development based upon the maximum allowable intensity for the proposed designation. [Rule 9J-5.005(2)(a), 9J-5.005(5)(a), 9J-5.006(3)(c), 9J-5.019(3)(a) and (f), F.A.C. and Section 163.3177(2) and (10)(h), F.S.] Recommendation: The City should ensure that the proposed amendment is internally consistent by supplying data and analysis in support of the land use conversion from Industrial to Local Retail Commercial. The City should provide data and analysis based on the maximum allowable development intensities, for the Local Retail Commercial land use. 1. Provide adequate data, including market analysis, in support of the conversion of land use from Industrial to Local Retail Commercial in compliance with the requirements of Boynton Beach Land Use Element Policy 1.19.2(ii). Response: A market analysis, as prepared by the applicant, is attached as "Exhibit A". This has been reviewed by the City's staff and found to meet the requirements of Land Use Element Policy 1.19.2(ii). 2. Provide data and analysis for the availability of all public facilities based upon the maximum allowable development intensities for Local Retail Commercial. The City should analyze those services and make a determination that sufficient capacity exists, with no lowering of an adopted level of service, to provide essential services based upon the maximum extent of potential development allowed. Response: A traffic analysis comparing the impacts of the maximum allowable development intensities is included in "Exhibit C'. An analysis of water and wastewater facilities is provided as "Exhibit B'; however, the developers' agreement, as provided for under § 163.3220- 163.3243, F.S. limits the amount of development possible on the subject site, as well as the remainder of the DRI, which is not a part of this amendment. In addition, the City requires the payment of capacity reservation fees for both water and sewer serVices prior to issuing permits for all developments. These fees, like the City's recreation impact fees and the range of Countywide impact fees are in place solely to address the provision of infrastructure and services concurrent with the impacts of the development. 3. Provide a traffic analysis based upon the most recently available data to address the peak- hour, peak direction, roadway level of service standards, and to deterrmne the impact of this amendment upon the Florida Intrastate Highway System. Response: A traffic analysis based upon the most recently available data to address the peak-hour, peak direction, roadway level-of-service standards and to determine the impact of the amendment on the Florida Intrastate Highway System is attached as "Exhibit C". II. CONSISTENCY WlTIt TI:rF. STATE COMPREI:IE~NSIVE PLAN The City of Boynton Beach's proposed Comprehensive Plan amendment does not adequately address and further the following goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes. (16) Land Use Goal and Policy 5, to encourage and assist local governments in establishing comprehensive impact-review procedures to evaluate the effects of significant development activities in their jurisdictions. Recommendation: ~ · -. The City should revise the proposed amendmen~ to be consistent with the State Comprehensive" Plan (see specific objections, comments and recommendations included in this report). Response: Please see the responses to the three recommendations included above. Attachments: I:xSI-[R. DATA~Plamamg~I.~.AR~I~PRO/~CT$~lolomla I~RISI.[JAR\ORC R~l~o~.rtf EXHIBIT A CITY OF BOYNTON BEACH INDUSTRIAL AND COMMERCIAL MARKET ANALYSIS The City of Boynton Beach is Palm Beach County's third-largest municipality, with a population of approximately 60,500 residents. The City's population grew 30 percent between 1990 and 2000 and is projected to grow approximately 3 percent annually during the next 10 years. Residential and non-residential growth in the City mirrored its population increase during the period from 1990 to 2000. The number of housing units in the City rose from 25,544 in 1990 to 30,643 in 2000. During that period, the City issued building permits for 2,468 single-family and 3,277 multi-family residential units within the municipal boundaries. A majority of the multi-family units constructed were apartments. According to The Development Atlas of Boynton Beach, Florida, prepared by the City's Planning and Zoning Division in May 2002 (the "Development Atlas"), the number of single-family building permits issued by the City each year has been declining since 1997, while the number of multi-family residential :permits approved each year has increa.~lff "Economic cycles aside, these trends are likely to continue. Both the limited amount of vacant residential land within the city and future redevelopment scenarios, with possibility of increased densities, will encourage multi-family housing," according to the Development Atlas. The amount of commercial and industrial development in the City between 1996 and 2001 fluctuated based on economic conditions. In 1996, there were 351,918 square feet of commercial and industrial facilities constructed in the City, with that number increasing to a peak of 723,412 square feet in 1999 and declining to 378,003 square feet in 2001. Industrial development comprised 401,973 square feet of the numbers referenced above in 1999 and 251,657 square feet in 2001, despite poor local economic conditions. The taxable values of residential and non-residential properties within the City increased 42.5 percent from 1993 to 2001. The total taxable value of residential properties increased from $1,095,335,716 in 1993 to $1,671,747,547 in 2001, an increase of 52.6 percent. The total taxable value of commercial properties increased from $390,772,702 in 1993 to $554,030,196 in 2001, a 41.8 percent increase. For industrial properties, the total taxable value increased from $147,314,213 in 1993 to $176,928,582 in 21301, a 20.1 percent increase. 006.287405.1 All parcels within the City have been designated with one of the following land use categories: Land Use Acreage Percent of Total Residential 6,670.81 acres 66.31 percent Commercial 1,317.78 acres 13.10 percent Industrial 972.39 acres 9.67 percent Agricultural 49.77 acres 0.49 percent Recreation 732.01 acres 7.28 percent Public/Private Institutions 317.66 acres 3.16 percent Of the land uses listed above, there are 192 vacant commercial parcels totalling 299 acres. Out of those 192 commercial parcels, 58 are more than two acres in size and 110 are smaller than one acre in size. There are also 37 vacant industrial parcels that total 192 acres. Of those 37 industrial parcels, 13 are more than two acres in size and 7 are smaller than one acre in size. There are also few remaining residential parcels. As of March 2002, there were only seven residential parcels, totalling approxixiaately 300 acres, remaining in the City-Y,.h .~ were larger than two acres. The total number of residential dwellings approved to be constructed on those parcels is 1,758 units. The data regarding vacant land presented above is evidence that the City is quickly running out of developable land and will soon be built out. Thus, it is imperative that City leaders allow the highest and best uses to be made of all remaining vacant land, regardless of the current land use and/or zoning designations of the parcels. The new owners of the Motorola DRI are seeking to amend the land use designation of the property from Planned Industrial District (all 87.4 acres) to Industrial (39.3 acres) and Local Retail Commercial (48.1 acres). The reason for the proposed land use change is simple: Motorola, once the second-largest employer ia the City, has all but shut down its operations in Boynton Beach, leaving a vacant, technologically outdated facility on the property. As indicated in the Development Atlas, the share of manufacturing employment within the City "has dropped significantly in recent years, mainly due to loss of employment at Motorola.' The peak employment at the Motorola facility was 2,700 workers. The current number of employees is less than 500. The combination of the loss of manufacturing jobs combined with annual increases in the amount of industrial building space available in the City has resulted in a high vacancy rate for such facilities. That vacancy rate does not include the 37 vacant industrial parcels located within the City. Thus, the demand for construction of additional industrial facilities in the City will be low for years to come. 2 006.287405.1 In contrast, the needs for additional multi-family housing stock, with related commercial enterprises, will be very high during the next few years. There are few vacant residential properties remaining in the City, particularly parcels that are more than two acres in size. Because the City is facing build out, leaders have had to make difficult decisions about what to do with the remaining vacant land. Certainly, City leaders want to have the last vacant parcels developed with facilities that would constitute the highest and best uses of the land. In the case of the Motorola property, City leaders have tried for years to attract a new manufacturing venture to that site, with no success. Those leaders have now determined that converting the existing Motorola manufacturing facility to an industrial and office complex and allowing development of vacant land on the site for residential and ancillary commercial uses not only is the best use for the property but will generate the most tax revenue for the City in the long term. The land use and facility availability data presented in this report clearly indicates that the conversion of the Motorola property from a solely manufacturing facility to a multi-use project is supported by the real estatefind employment markets for the area, as ~wel~ as by City leaders. 3 006.287405.1 EXHIBIT B ANALYSIS PROVIDED BY CITY OF BOYNTON BEACH WATER UTILITIES DEPARTMENT Taken at a retail rate of usage, based upon our Code, the demand for 3,463,543 square feet of retail stores would be: Water: 432,947 gpd Sewer: 346~358 gpd This would likely be more intensive than most industrial uses. ~[t also exceeds the volume based upon earlier estimates for the apartment/office/commercial combined site which is planned to occupy the entire 85.55 acres or the DRI as shown on the attached Table u,J EXH]:BTT C PINDER TROUTMAN CONSULTING, IN(:. I Transportation Planners and Engineers 2324 South Congress Avenue, Suite 1H West Palm Beach, FL 3340; (561) 434-1644 Fax 434-1( www. pindertroutman.co, April 1, 2003 Mr. Dick Hudson City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Re: Motorola DRI - #PTC02-129 Dear Mr. Hudson: As requested, I have updated the trip generation tables for the proposed land use amendment for the above referenced project. It is proposed to amend the City's Comprehensive Land Use Plan to change the land use designation in a 49.695 acre site from Industrial to Local Retail Commercial. -. w Attachment I provides the Daily trip generation comparison and Attachment 2 provides the PM peak hour trip generation comparison for the proposed Comprehensive Plan Amendment. The PM peak hour demonstrates that the trip generation of the proposed land use designation is substantially less than the current land use designation. If you have any questions, do not hesitate to contact me. Verytr, )y ' , ~ / Princi ~al 1~4P/Idr Attachments cc: Jeff Douglas Duke Woodson ~,~ 3 2003 Letter Hudson 02-129 4-1-05 ~ XII. - LEGAL CITY OF BOYNTON BEA ITEM A.2 AGENDA ITEM REQUEST Ft.,r vs 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 i, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April t5, 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) [] May20,2003 MayS, 2003(Noon) [] July15,2003 June30,2003(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: Please place this request on the April 15, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a 4 to 0 vote, recommended approval under First Reading on April 1, 2003. The Agenda Request for First Reading on April 1, 2003 under description should have read, "to request to rezone 49.695 acres of the Motorola DRI from PID Planned Industrial Dislxict to C-3 Community Commercial district". Due to scrivener's error, this item was listed on the April 1, 2003 City Commission agenda as a request for rezonmg from M-1 Industrial district to C-3 Community Commercial district. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-245. EXPLANATION: Motorola Rezoning (LUAR 02-007) AGENT: R. Duke Woodson, Foley & Larckner OWNER: Maury L. Carter & Associates, Inc. LOCATION: South East comer of Gateway Boulevard and Congress Avenue DESCRIPTION: Request to rezone 49.695 acres of the Motorola DRI from PID Industrial to C-3 Community Commercial. For multi-family, ancillary commercial development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Develoc~e~De~[~'rtr~e~or - Cit~ Ma~nag~er's Signature Plarming and Zoni~ Director City Attorney / Finance / Human Resources JSSHRDATA~PIanning~SHARED\WP~PROJECTShMotorola DRBLUARXAgenda Item Request Motorola LUAR 02-007 Rezone Adopt Apr 15, 2003.dot ORDINANCE NO. 03-C) I ~,, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION FOR REZONING OF MOTOROLA DRU 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, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, MOTOROLA, INC, owner of the property more particulal'ly ~ 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 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 WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and 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 E-4; THENCE FROM SAID POINT OF COMMENCEMENT, SOUTH 07 DEGREES 10 MINUTES 03 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE IN THE MERH3IA~ 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, CONTRCUING 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, FLOR.IDA 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 1033.2ZFEET; THENCE NORTH 00 DEGREES 53 MINUTES 13 SECONDS WEST, A DISTANCE OF 185.00 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF NW 22sn 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 ~ 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\Rez°ning ' 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 CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 393.19 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, CONT~G 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 TH~ ~ 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 MIlqUTES 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, CONTINLJING 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, CONTINLFING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A S:\CA\Ordinances\~lanning\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; TOGETItER WITIt 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"d AVENUE AND LYING ON THE WESTERLY RIGHT-OF-WAY OF THE LAKE WORTIt 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 NW 22~° 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 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 SAID CURVE, THROUGH A CENTRAL ANGLE OF 42 DEGREES 20 MINUTES 30 SECONDS, A DIST/~qG~ 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 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 from P[D 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\Pianning\Rezoning\~ezoning - Motorola.doc remainder of this Ordinance. Section 6. This ordinance shall become effective simultaneously with the appropriate land amendment. FIRST READING this I day of Iq ~f; [ ,2003. SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S: \CA\Ordinances\Planning\Rezoning\Rez°ning '- Motorola. doc DEVELOPMENT DEPARTMENT PLANNZNG & ZONZNG DZVZSZON MEMORANDUM NO. PZ 03-079 TO: Mayor and City Commissioners City o~,~y~,~,,~ Beach FROM: Dick I~t~, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: April 2, 2003 PRO3ECT DESCRZPTZON Project/Applicant: MOTOROLA DP, J/Daryl M. Carter Maury L. Carter &, Associates, Inc. Agent: R. Duke Woodson of Foley and Lardner Owner: Motorola, Inc. Location: 1500 Gateway Boul%ard (Southeast comer 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 (PID). Proposed change/use: To reclassify the subject portion of the property from Industrial (I) to Local Retail Commercial (LRC), 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. The above referenced large scale land use amendment was transmitted to the Florida Department of Community Affairs (DCA) following approval by the City Commission in public hearing on December 3, 2002. As per the requirements of Chapter 163, F.S., DCA provided the City with its Objections, Recommendations and Comments (ORC) Report, which was received on March 7, 2003. The City has 60 days from the receipt of the ORC Report to adopt, adopt with changes, or determine not to adopt the proposed amendment. Page 2 LUAR 02-007 Motorola DR! Upon receipt of the adoption package, the Department will conduct a compliance review, make a compliance determination and issue the appropriate Notice of Intent (NOI). Staff has worked with the applicant to provide responses to each of the Department's recommendations. Those responses are found as Exhibit "B" to this memorandum. RE¢OMMENDA'I'~ON Staff has determined that 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 requests for large-scale land use amendment and concurrent rezoning be approved. Attachments: j:~SHRDATA\Ptannin~HARED\WP~PRO.1ECI~ OR.~LUARL~3i:~3n Hearing Memo.doc Location Map EXHIBIT"A" MOTOROLA P.I.D. Exhibit "B" OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT PROPOSED COMPREItENSIVE PLAN AMENDMENT CITY OF BOYNTON BEACH (DCA No. 03-D1) I. CONSISTENCY WITH CItAPTER 163, F.S., AND RULES 9J-5 & 9J-11, F.A.C. The Department has completed its review of the proposed amendment to the City of Boynton Beach Comprehensive Plan (DCA No. 03-D 1). The amendment involves a change to the Future Land Use Map in support of an amendment to the development order for the Motorola Development of Regional Impact. The Department has the following objection. Objection: The proposed Future Land use Map amendment is internally inconsistent with Boynton Beach Land Use Element Policy 1.19.2. which requires that a change in land use from an industrial designation to commercial be based upon adequate data including market analysis. Additionally, the proposed amendment is not supported by sufficient data and analysis demonstrating that an adequate level of service will be available to serve development based upon the maximum allowable intensity for the proposed designation. [Rule 9J-5.005(2)(a), 9J-5.005(5)(a), 9J'-5.006(3)(c), 9J-5.019(3)(a) and (f), F.A.C. and Section 163.3177(2) and(10)(h), F.S.] ~ --, ? Recommendation: The City should ensure that the proposed amendment is internally consistent by supplying data and analysis in support of the land use conversion from Industrial to Local Retail Commercial. The City should provide data and analysis based on the maximum allowable development intensities, for the Local Retail Commercial land use. 1. Provide adequate data, including market analysis, in support of the conversion of land use from Industrial to Local Retail Commercial in compliance with the requirements of Boynton Beach Land Use Element Policy 1.19.2(ii). Response: A market analysis, as prepared by the applicant, is attached as "Exhibit A". This has been reviewed by the City's staffand found to meet the requirements of Land Use Element Policy 1.19.2(ii). 2. Provide data and analysis for the availability of all public facilities based upon the maximum allowable development intensities for Local Retail Commercial. The City should analyze those services and make a determination that sufficient capacity exists, with no lowering of an adopted level of service, to provide essential services based upon the maximum extent of potential development allowed. Response: A traffic analysis comparing the impacts of the maximum allowable development intensities is included in "Exhibit C'. An analysis of water and wastewater facilities is provided as "Exhibit B'; however, the developers' agreement, as provided for under § 163.3220- 163.3243, F.S. limits the amount of development possible on the subject site, as well as the remainder of the DR.I, which is not a part of this amendment. In addition, the City requires the payment of capacity reservation fees for both water and sewer services prior to issuing permits for all developments. These fees, like the City's recreation impact fees and the range of Countywide impact fees are in place solely to address the provision of infrastructure and services concurrent with the impacts of the development. 3. Provide a traffic analysis based upon the most recently available data to address the peak- hour, peak direction, roadway level of service standards, and to determine the impact of this amendment upon the Florida Intrastate Highway System. Response: A traffic analysis based upon the most recently available data to address the peak-hour, peak direction, roadway level-of-service standards and to determine the impact of the amendment on the Florida Intrastate Highway System is attached as "Exhibit C". II. CONSISTENCY WI'Ill Tm*. STATE COMPREItENSIVE PLAN The City of Boynton Beach's proposed Comprehensive Plan amendment does not adequately address and further the following goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes. (16) Land Use Goal and Policy 5, to encourage and assist local governments in establishing comprehensive impact-review procedures to evaluate the effects of significant development activities in their jurisdictions. Recommendation: The City should revise the proposed amendment~to be consistent with the State Comprehensive" ~ Plan (see specific objections, comments and recommendations included in this report). Response: Please see the responses to the three recommendations included above. Attachments: J:~SHRDATA~Iannmg~SHARED~WI~PROJECTS',Motomla DKI~LUAR\ORC Rest:ome.~'f EXH B i' A CITY OF BOYNTON BEACH INDUSTRIAL AND COMMERCIAL MARKET ANALYSIS The City of Boynton Beach is Palm Beach County's third-largest municipality, with a population of approximately 60,500 residents. The City's population grew 30 percent between 1990 and 2000 and is projected to grow approximately 3 percent annually during the next 10 years. Residential and non-residential growth in the City mirrored its population increase during the period from 1990 to 2000. The number of housing units ia the City rose from 25,544 in 1990 to 30,643 in 2000. During that period, the City issued building permits for 2,468 single-family and 3,277 multi-family residential units within the municipal boundaries. A majority of the multi-family units constructed were apartments. According to The Development Atlas of Boynton Beach, Florida, prepared by the City's Planning and Zoning Division in May 2002 (the "Development Atlas"), the number of single-family building permits issued by the City each year has been declining since 1997, while the number of multi-family residential .permits approved each year has incre~ed~ "Economic cycles aside, these trends are likely to continue. Both the limited amount of vacant residential land within the city and future redevelopment scenarios, with possibility of increased densities, will encourage multi-family housing," according to the Development Atlas. The amount of commercial and industrial development in the City between 1996 and 2001 fluctuated based on economic conditions. In 1996, there were 351,918 square feet of commercial and industrial facilities constructed in the City, with that number increasing to a peak of 723,412 square feet ia 1999 and declining to 378,003 square feet in 2001. Industrial development comprised 401,973 square feet of the numbers referenced above in 1999 and 251,657 square feet in 2001, despite poor local economic conditions. The taxable values of residential and non-residential properties within the City increased 42.5 percent from 1993 to 2001. The total taxable value of residential properties increased from $1,095,335,716 in 1993 to $1,671,747,547 in 2001, an increase of 52.6 percent. The total taxable value of commercial properties increased from $390,772,702 in 1993 to $554,030,196 in 2001, a 41.8 percent increase. For industrial properties, the total taxable value increased from $147,314,213 in 1993 to $176,928,582 in 2001, a 20.1 percent increase. 006.287405.1 All parcels within the City have been designated with one of the following land use categories: Land Use Acrea~,e Percent of Total Residential 6,670.81 acres 66.31 percent Commercial 1,317.78 acres 13.10 percent Industrial 972.39 acres 9.67 percent Agricultural 49.77 acres 0.49 percent Recreation 732.01 acres 7.28 percent Public/Private Institutions 317.66 acres 3.16 percent Of the land uses listed above, there are 192 vacant commercial parcels totalling 299 acres. Out of those 192 commercial parcels, 58 are more than two acres in size and 110 are smaller than one acre in size. There are also 37 vacant industrial parcels that total 192 acres. Of those 37 industrial parcels, 13 are more than two acres in size and 7 are smaller than one acre in size. There are also few remaining residential parcels. As of March 2002, there were only seven residential parcels, totalling approximately 300 acres, remaining in the City 4hat~ were larger than two acres. The total number of residential dwellings approved to be constructed on those parcels is 1,758 units. The data regarding vacant land presented above is evidence that the City is quicldy running out of developable land and will soon be built out. Thus, it is imperative that City leaders allow the highest and best uses to be made of all remaining vacant land, regardless of the current land use and/or zoning designations of the parcels. The new owners of the Motorola DRI are seeking to amend the land use designation of the property from Planned Industrial District (all 87.4 acres) to Industrial (39.3 acres) and Local Retail Commercial (48.1 acres). The reason for the proposed land use change is simple: Motorola, once the second-largest employer in the City, has all but shut down its operations in Boynton Beach, leaving a vacant, technologically outdated facility on the property. As indicated in the Development Atlas, the share of manufacturing employment within the City 'has dropped significantly in recent years, mainly due to loss of employment at Motorola." The peak employment at the Motorola facility was 2,700 workers. The current number of employees is less than 500. The combination of the loss of manufacturing jobs combined with annual increases in the amount of industrial building space available in the City has resulted in a high vacancy rate for such facilities. That vacancy rate does not include the 37 vacant industrial parcels located within the City. Thus, the demand for construction of additional industrial facilities in the City will be low for years to come. 2 006.287405.1 In contrast, the needs for additional multi-family housing stock, with related commercial enterprises, will be very high during the next few years. There are few vacant residential properties remaining in the City, particularly parcels that are more than two acres in size. Because the City is facing build out, leaders have had to malce difficult decisions about what to do with the remaining vacant land. Certainly, City leaders want to have the last vacant parcels developed with facilities that would constitute the highest and best uses of the land. In the case of the Motorola property, City leaders have tried for years to attract a new manufacturing venture to that site, with no success. Those leaders have now determined that converting the existing Motorola manufacturing facility to an industrial and office complex and allowing development of vacant land on the site for residential and ancillary commercial uses not only is the best use for the property but will generate the most tax revenue for the City in the long term. The land use and facility availability data presented in this report clearly indicates that the conversion of the Motorola property from a solely manufacturing facility to a multi-use project is supported by the real estate ,and employment marlcets for the area, as ~well~ as by City leaders. 3 006.287405.1 EXHIBIT B ANALYSIS PROVIDED BY CITY OF BOYNTON BEACH WATER UTILITIES DEPARTI~tENT Taken at a retail rate of usage, based upon our Code, the demand for 3,463,543 square feet of retail stores would be: Water: 432,947 gpd Sewer: 346,358 gpd This would likely be more intensive than most industrial uses. It also exceeds the volume based upon earlier estimates for the apartment/office/commercial combined site which is planned to occupy the entire 85.55 acres or the DR]: as shown on the attached Table 1: EXHIBTr C PINDER TROUTMAN CONSULTING, INC. Transportation Planners and Engineers 2324 South Con§tess Avenue, Suite 1H West Palm Beach, FL 3340' (561) 434-1644 Fax 434-16~ www. pindertroutman.com April 1, 2003 Mr. Dick Hudson City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Re: Motorola DRI - #PTC02-129 Dear Mr. Hudson: As requested, I have updated the trip generation tables for the proposed land use amendment for the above referenced project It is proposed to amend the City's Comprehensive Land Use Plan to change the land use designation in a 49.695 acre site from Industrial to Local Retail C?mmercial. Attachment 1 provides the Daily trip generation comparison and Attachment 2 provides the PM peak hour trip generation comparison for the proposed Comprehensive Plan Amendment. The PM peak hour demonstrates that the trip generation of the proposed land use designation is substantially less than the current land use designation. If you have any questions, do not hesitate to contact me. Very tn ~~ KMP/Idr Attachments cc: Jeff Douglas Duke Woodson ~,~ 3 2003 Letter Hudson 02-129 4-1-03 ~ XII. - LEGAL ITEM A.3 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST Ft t vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] 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 RECOMMENDATION: Please place this request on the April 15, 2003 City Commission Agenda un~r L~ Ordinance - Second Reading. The City Commission with a 4 to 0 vote, recommended that the subject request b~l~pp~ at the April 1, 2003 meeting for First Reading. For further details pertaining to the request, see attached Depart~t of~.~. Development Memorandum No. PZ 03-052. EXPLANATION: ,r -- PROJECT: Beck's Towing & Recovery (LUAR 03-001) AGENT: Carl A. Cascio, P.A. OWNER: Custom Property Services, Inc. (Contract Pending) LOCATION: 410 N.E. 5t~ Avenue DESCRIPTION: 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 Dev l~gl~6'nt D~artme~t D~rector ~ty Manager s S~gnature Planning and Zonlhg Director City Attorney / Finance / Human Resources S:L~Ianning~SHARED\WPLPROJECTS~Beck's Towing & Recovery\LUAR~genda Item Request Beck's Towing & Recove~ LUAR 03-001 Amend 2ND reading 4-15-03.dot S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- ~D AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT 410 N.E. 5m 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 COMPREHENSIVE 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, SEVERAB[LITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1; 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: 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\Plann£ng\La~d 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 at~er adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this I day of l~ori t ,2003. I SECOND, FINAL READING and PASSAGE this day of ~ 2003. CITY OF BOYNTON BEACH, FI',OR~"DA-~- Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) $:\CA\Ordinances\Planning\Land Use\Beck's Land Use.dOc DEVELOPMENT DEPARTI~IENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-052 TO: Chairman and Members Community Re~t Agency Board and City Commission ' iz~UL/ FROM: Dick Hudson, Senior Planner THROUGH' Michael W. Rumpf ~"~'~ Director of Planning and Zoning DATE: February 24, 2003 PROJECT NAME/NUMBER: Beck's Towing and Recovew/LUAR 03-001 REQUEST: To reclassify the property from General Commercial (GE) to Industrial (I) and rezone from 04 General Commercial to M-1 Industrial PRO]ECl' DESCRTPT[ON ProperLy Owner: Custom Property Services, Inc. Applicant/Agent: Stephen Beck/Carl A. Cascio, P. A. Location: 410 N. E. 5u~ Avenue (Exhibit "A'3 Existing Land Use: General Commercial (GC) Existing Zoning' 04 General Commercial Proposed Land Use: Industrial (I) Proposed Zoning: M-1 Industrial Proposed Use: Auto towing and storage Adjacent Uses and Zoning: North: Right-of-way of N.E.5~ Ave., then vacant property designated General Commercial (GC) and zoned C-4 General Commercial South: Developed single-family residence, then auto-related uses, both designated General Commercial (GC) and zoned 04 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 M-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 PRO3ECT ANALYSI'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, Item C. Comprehensive P/an Amendments: Rezon/ngs. TheSe criteria are required to be part of a staff' analysis when the proposed change includes an amendment to the COmprehensive Plan Future Land Use Hap. a. Whether the proposed rezoning would be cons/stent with applicable comprehensive p/an policies including but not//m/ted to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuat/bn zone without written approval of the Palm Beach County Emergency Planning D/vision and the City's risk manager. The planning department shall a/so recommend/imitab'ons or requirements, which would have to be imposed on subsequent development of the property, in order to comply with po#c/es contained in the comprehensive p/an. Policy 1.19.4 of the Land Use Element reads: "The City shall continue to encourage and enforce the development of industrial/and as /ndustn'a/ parks or concentrated industrial areas/n order to maximize the linkage between complementary/ndustn'es." 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, 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 8oynton 8each 20/20 Redevelopment Plaster 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 signage, landmark opportunities and unifying des/gm concepts. £mp/emenCat/on mechanisms may include, but are not//m/ted to, adopt/on of overlays in the/amd development regulations, amendments to/and development regulations, amd/or through rezoning to new or existing districts..." The Heart o?Boynton 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 "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. 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 districts, or would constitute a grant of special privilege to an individual property owner as contrasted w/th the protection of the public we/fare. 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 abuttingt_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 Commun/~.. Redevelopment P/an.. c. Whether changed or changing conditions make the proposed rezoning desirable. The adoption of the Heart of Boynton Community £edeve/opment Plan, in 2001, and the recommendations of that plan make the proposed rezoning desirable as a step toward implementation of the plan. d. Whether ~he proposed use would be compatible w/th utility systems, roadways, and other public facilities. 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 03-00:[ 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 physical/y and econornical/y developab/e under the existin~ zoning. 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. g. Whether the proposed rezon/ng is of a sca/e which is reasonab/y re/ated 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. ]:t is consistent with the cited Comprehensive Plan policies. h. Whether there are adequate sites e/sew.here in the city for the proposed use, in dis~n'cts 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 residenLs of the City. CONCLU$]:ON$/RECOM M ENDATJ:ON$ 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. :If the Planning and Development Board or the City Commission recommends conditions, they will be included as Exhibit "C". Aq-I'ACH N ENTS J:\$HROATA\P~nnlng\SHARED\WI~PRO]ECT~BeClc'S TOwl114~ .e. ReCovecY\LUAR~,STAFF REPORT.doc Location Map BFCK'S TOWING Exhibit A NE~7-T-t R3 u~ NE-6-T SITE ~U , '~..~ N $ The Heart of Boynton Redevelopment Master Plan Exhibit B immu{ ' ' 'Proposed Land Use Map R~eUt~lty Strategic Planning Group, Inc. 1 (800) 213-PLAN Page 53 XII. - LEGAL ITEM A.4 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) [] May20,2003 May 5, 2003 (Noon) [] July15, 2003 June 30, 2003 (Noon) I r [] Administrative [] Legal --~. :z: NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearmg r~o r~ [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 15, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a 4 to 0 vote, recommended that the subject request be approved at the April 1, 2003 meeting for First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-052. EXPLANATION: PROJECT: Beck's Towing & Recovery (LUAR 03-001) AGENT: Carl A. Cascio, P.A. OWNER: Custom Property Services, Inc. (Contract Pending) LOCATION: 410 N.E. 5t~ Avenue DESCRIPTION: 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 De~ve~rhent lb~'pafia3tent Di_~ctor City Manager's Signature Planning and Zoniffg Director City Attorney / Finance / Human Resources S:~PlanningXSHARED\WP~PROJECTSXBeck's Towing & RecoveryLLUAR'~Agenda Item Request Beck's Towing & Recovery LUAR 03-001 Rezone 2nd reading 4-15-03.dot S:XBULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- o I ~t 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; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WItEREAS, 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-! Industrial; and WHEREAS, the City Commission conducted a public heating and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WItEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true 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 i day of ~lpr; [ ,2003. SECOND, FINAL READING and PASSAGE this ~ day of ., 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S: \CA\Ordinances\Planning\Rezoning\gezoning - Beck' s.doc ATTEST: City Clerk (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - Beck's.doc Location Map 8ECK'S TOWING Exhibit A REC'r'q-'- R: R:3 o N E-6-T-H-AVE- -- : uj O N E:5-TH-AV E ~ --N E. SITE ,, "Z , / ; i ,, -- T ...~i., CBD -- -- ~' - ,,- -- ' ~OYN I ~N VD " ' DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-052 TO: Chairman and Hembers Community Re~..de~v?lop/~nt Agency Board and City Commission FROM: Dick Hudson, ~(~1~ Senior Planner THROUGH' Michael W. Rumpf Dire~or of Planning and Zoning DATE: February 24, 2003 PRO.]ECT NAME/NUMBER: Beck's Towing and Recovery/LUAR 03-00:[ REQUEST: To reclassify the property from General Commercial (GC) to Industrial ([) and rezone from C-4 General Commercial to [ndustrial PRO.]ECl' DESCRTPTION Property Owner: Custom Property Services, Inc. Applicant/Agent: Stephen Beck/Carl A. Cascio, P. A. Location: 410 N. E. 5~ Avenue (Exhibit "A'~ Existing Land Use: General Commercial (GC) Existing Zoning: C-4 General Commercial Proposed Land Use: ]:ndustrial (I) Proposed Zoning: M-1 Industrial Proposed Use: Auto towing and storage Adjacent Uses and Zoning: North: Right-of-way of N.E.5~ Ave., then vacant properly designated General Commercial (GC) and zoned C-4 General Commercial South: 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 Back'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 M-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 PRO3ECT ANALYSIS 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 w/th applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall a/so recommend/imitag'ons or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive p/an. Policy 1.19.4 of the Land Use Element reads: "The City shall continue to encourage and enforce the development of industrial/and as industrial parks or concentrated industrial areas in order to maximize the linkage between complementary industn'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 studies and/or prepare redevelopment plans for areas designated by the Primary Target Areas Over/ay. The plans shall, in pa~ implement or further the adopted Boynton Beach 20/20 Redevelopment ~4aster P/an with use provisions, deve/oprnent standards and design criteria which may address public improvemengs, infrastructure, building p/acemen¢ architectural character, streetscape, Page 3 File Number: LUAR 03-001 Beck's Towing and Recovery signage, landmark opportunities and unifying design concepts. £mp/ementat/on mechanisms may include, but are not limited to, adopt/on of overlays in the/and development regulations, amendments to/and development regulations, and/or through rezon/ng to new or existing districts..." The Heart of Boynton Community Redevelopment P/an, as adopted on December 4, 200:~, is an implementation measure of the cited policy. The "Proposed Land Use Hap" for the redevelopment plan proposes that the land area in the "Arden Park" neighborhood currently designated "]:ndustrial" should be extended westward to include the property on the east side of N.E. 3"~ 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 district unrelated to adjacent and nearby districts, or would constitute a grant of special pn'vi/ege to an individual property owner as contrasted w/th the protection of the public we/fare. 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 of Boynton Community Redevelopment P/an. c. Whether changed or changing condi~bns make the proposed rezoning desirable. The adoption of the Heart of Boynton Community Redevelopment P/an, in 200:~, 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 ¢ompa~ib/e with uti/i~ systems, roadways, and other public facilities. 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, 200~. the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the :~0-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 fUtL~re 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. f. Whether the property is physica/Iy and economica//y developab/e under the ex/sting zoning. 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. g. Whether the proposed rezoning is ora sca/e which is reasonab/y re/ated 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. It is consistent with the cited Comprehensive Plan policies. h. Whether ~here are adequate sites e/sewh, ere in the city for ~he proposed use, in ~ dis~'ic~s 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 / RECOI4MENDATI: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. If the Planning and Development Board or the City Commission recommends conditions, they will be included as Exhibit "C". ATTACH M ENTS .I:\SHRDATA\P~nninc~\SHARED~WP~PRO.,1EC'~B~"Oc'$ Towin(j & R~-~:Ov~-y\LUAR\STAFF REPORT.d~: Location Map BECK'S TOWING Exhibit A .N_E-7-T-I ~ E -7-~L~V.E---T_ REC'~-- .,o , R: NE-6-T-H-AVE- -- : ..~ ": .~j' ,z SITE " ~ R2~-~ -" ' NF ~JTN'A.~E Z --__" ~ -- , I · ,~, ;U,J · I The Heart of Boynton Redevelopment Master Plan Exhibit B ~'" Proposed Land Use Map blrel'~zd t'l~stm~l .' '" ~cUM ~ Strategic Planning Group, Inc. Page 53 1 (S00) 213-PLAN