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Agenda 12-16-03 he City of Boynton Beach 100 E, Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA DECEMBER 16, 2003 Jerry Taylor Mayor At Large BobEnsler ._!]_.DISTI~ICTIV ~J j'lI j . Commissioner Mack McCray --~ ~----- Commissioner District Il Mike Ferguson ! [ ', I~, i ~-~ Vice Mayor ! I I, DI, ~TRI =T/Ill/ District III ~-- ~ ;, ........-- ~ )_~ ;_~: Carl ,cKo, ;- ..... ~,~-~'--~. Commissioner District IV Kurt Bressner City Manager I www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLTC PART/CIPAT~ON AT CZTY OF BOYNTON BEACH COMMISSION MEETINGS HE AGENDA: d~ere is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote-' A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAICI:NG AT COMMISSION MEETZNGS: 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. · 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. · 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. · ADDRESSING THE COMMISSION: When addressing the Commission, 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 December 16, 2003 6:30 P.M. I. OPENZNGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational United Church of Christ C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption ZT. OTHER: A. Informational Items by Members of the City Commission Ill, ANNOUNCEf4ENTS~ COMMUNITY & SPECIAL EVENTS, & PRESENTA'r~ONS: A. Announcements: 1. Joint meeting with Commission and CRA on Development Issues (December 17, 2003 - 5:30 p.m. - Conference Room C - West Wing) 2. City Commission Capital Improvement Workshop (December 19, 2003 - 9:00 a.m. - Conference Room C - West Wing) 3. Solid Waste Christmas & New Year's Holiday Pickup Schedule 8. Community and Special Events: 1. Oceanfront Concert - Friday, December 19, 2003 - 6:00-9:00 p.m. - Oceanfront Park (Burnt Biscuit - Country/Western) C. Presentations: 1. Presentation by United States Representative Clay Shaw to East Boynton Beach Uttle League 2. Present the 2003 Holiday Parade awards Agenda Regular City Commission Meeting Boynton Beach, Florida December 16, 2003 3. Proclamations: a. Haiti Bicentennial Day- January l, 2004 ZV. PUBLZC AUDZENCE: TNDZVZDUAL SPEAKERS WZLL BE I. ZMZTED TO 3-MZNUTE PRESENTATZONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMZNZSTRATWE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date I Ensler Advisory Bd on Children & Youth Alt 1 yr term to 4/04 Tabled (2) II McCray Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 Tabled (2) Mayor Taylor Advisory Bd on Children & Youth Stu/Voting 1 yr term to 4/04 Tabled (3) III Ferguson Cemetery Board Reg 3 yr term to 4/04 Tabled (3) Mayor Taylor Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) I Ensler Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) ! Ensler Planning & Development Board Alt ! yr term to 4/04 Tabled (3) 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 December 1, 2003 2. Regular City Commission Meeting of December 2, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Agenda Regular City Commission MeeUng Boynton Beach, Florida December 16, 2003 1. Approve the purchase from DGG Taser, 75 M-26 advanced air tasers in the amount of $56,665.95 for the Police Department (90% of funding provided by the Federal Local Law Enforcement Block Grant) 2. Award the "ANNUAL SUPPLY OF SODTUM HYDROX]~DE (I TQUID CAUS'FIC SODA)," Bid #006-2811-04/C3D to JCT/Jones Chemicals, ]:nc. of Ft. Lauderdale, Florida, for an estimated annual expenditure of $140,000 3. Award the "SENTOR CENTER PHASE I]: INTERIOR RENOVATIONS," Bid #003-2413-04/3A to SPADES CONTRACTORS, ]~NC., of Ft. Lauderdale, Florida, in an estimated amount of $86,666 plus a 10% contingency to be included for a total of $95,332 (funding is from two grants from Forrest C. Lattner Foundation Tnc.) (Proposed ResoluUon No. R03-193) 4. Award the "PURCHASE OF F~E NEW AND UNUSED 60 KW GENERATOR SETS to CJ'S SALES AND SERV]:CE, of Ocala, Florida, in the amount of $119,725 - Bid #092-2821-93/JA C. Resolutions: 1. Proposed ResoluUon No. R03-186 Re: Contract with JEG Associates to continue consulting services to the Heart of Boynton projects at a cost of $7,000 2. Proposed Resolution No, R03-194 Re: Revision of Fire Rescue Advanced Life Support ambulance transport fees 3. Proposed Resolution No. R03-195 Re: Two Agreements for Water Service Outside the City Umits with William and Jennie Herzer for the properties located at 1028 and 1220 Highview Road, Lantana (Lots 158 and 184 respectively, Ridge Grove Addition No. 1) 4. Proposed Resolution No. R03-196 Re: Contract with Kimley- Horn and Associates, ]:nc. for professional planning and engineering consulting services associated with a proposed amendment to the City of Boynton Beach Comprehensive Plan to designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton Beach within the CRA area at a base cost of $56,000 with optional elements amounting to an additional $48,000 (all costs are to be paid by the City of Boynton Beach Community Redevelopment Agency) D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: Agenda Regular City Commission Meeting Boynton Beach, Florida December 16, 2003 1. City Library (MSPM 03-011), 208 South Seacrest Boulevard - Request for a Major Site Plan Modification for a 35,166 square foot addition to the existing library building in the Public Use (PU) zoning district 2. City Library (HTEX 03-007), 208 South Seacrest Boulevard - Request for a height exception to allow the atrium tower feature of the library addition to exceed the allowable 45-foot height limit by approximately 9 feet F. Release of a cash bond of $3,300 to B & M Construction Company, Inc. for the project known as Mobil on the Run G. Approve the "SURPLUS VEHICLE/EQUIPMENT I TST" as submitted by the Public Works Department and allow for the sale of same H. Approve the $255,796.20 performance bond for restoration purposes for the Renaissance Commons site south of Gateway Boulevard on the east side of Congress Avenue, subject to approvals by the City Attorney and the Finance Department I. Approve renaming "Beta Drive" within the Quantum Park PID to "The Watershed Way" VTT. CODE COMPLZANCE & LEGAL SETTLEMENTS: A. None VZTT. PUBLIC HEAR]NO: 7:00 P,M. OR AS SOON THEREAFTER A~ THE AGENDA PERMI'r$ A. Project: Boynton Delray Academy (COUS 03-008) (TO BE TABLED BY COMM:I:$S]:ON) Agent: Marry Madura Owner: Keith D. Kern Location: Northwest corner of Martin Luther King, .lt. Boulevard and Railroad Avenue Description: Request Conditional Use approval for a primary/secondary Charter School B. Project: Boynton Delray Academy (ABAN 03-0:12) Agent: Marty Madura Owner: Keith D. Kern Location: West of Railroad Avenue between NE 11~ Avenue and NE 10~ Avenue Description: Request for an abandonment of a segment of a 5-foot east/west alley (right-of-way) extending west from Railroad Avenue in conjunction with the assembly and development of adjacent parcels 4 Agenda Regular City Commission Meeting Boynton Beach, Florida December 16, 2003 CTrY MANAGER'S REPORT: A. Ratify the Education Advisory Board's resolution concerning the opposition of the use of FCAT scores and present this resolution to the School District of Palm Beach County B. Ratify the Education Advisory Board's resolution concerning Galaxy Elementary School being added to the School District's Modernization List and present this resolution to the School District of Palm Beach County C. Recognition of City employees regarding Cemetery incident X. FUTURE AGENDA TI'EMS: A. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance B. Strategic Planning Session (January C. Additional Property Tax Assessment Exemption for ]~ncome Eligible Senior Citizens per FSS 196.075 (May 2004) D. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (January 2004) E. Workshop regarding City Hall/Public Safety Space Needs Report ('I'BA) F. Proposed Lease Agreement with Boynton Woman's Club (TBA) XZ. NEW BUSZNESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No, 03-062 Re: Amendments to the Land Development Regulations, Chapter 2:[. Signs, to provide definitions for monument and pole signs and establish maximum sign heights that correspond with road type 2. Proposed Ordinance No. 03-063 Re: Procedure for the selection of the Vice Mayor 5 Agenda Regular City Commission Meeting Boynton Beach, Florida December 16, 2003 3. Proposed Ordinance No. 03-064 Re: Amending Article III, entitled "Pensions for Police Officers," of Chapter 18 of the Code of Ordinances, revising Section 18-170 to provide for optional forms of benefits and amending Section 18-174 to provide for a cost of living adjustment 4. Proposed Ordinance No. 03-065 Re: Amending Article III, entitled "Pensions for Police Officers," of Chapter 18 of the Code of Ordinances, providing for monthly supplemental benefits B. Ordinances - 1st Reading 1. Proposed Ordinance No. 03-066 Re: Abandonment of a 15-foot wide alley within the Lake Addition to Boynton subdivision (Mangrove Walk Alley) 2. Proposed Ordinance No. 03-067 Re: Designation of an official MUnicipal Seal C. Resolutions: None D. Other: 1. Set date for closed-door session to discuss three court cases )(III. UNFINISHED BUSINESS: A. City Commission review of appointment of Chairs of quasi-judicial boards XIV, AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE Clq'Y COMMISSION Wll'H RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S, 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN.1OY THE BENEFTTS OF A SERVICEd PROGRAM~ OR ACTWITY 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. FZNALAGENDA 12/1S/2003 8:S7 AM S:\CC~WP\CCAGENDAV~,GENDAS\Year 2003\121603 - final agenda.doc 6 IZL-ANNOUNCEIqENTS & PRESENTATIONS ~tern A.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must bc Turned Meeting Dates in to CiO/Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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: Announcing the Solid Waste Christmas & New Year's Holiday Pickup Schedule. EXPLANATION: Due to the Christmas and New Year's Holiday falling on a weekday the normal Solid Waste pickup schedule has been changed. Residents have been advised of this schedule in the City Newsletter, water bill stuffers, schedules delivered to their homes this year, and through the local media. The schedule will be as follows: · Wednesday, December 24th - There will be no change in service. · Thursday, December 25th - Pickup will be Friday, December 26th and Friday, December 26th - Pickup will be Saturday, December 27t~. Thursday, January 1st - Pickup will be Friday, January 2nd and Friday, January 2nd - Pickup will be Saturday, January 3rd. PROGRAM IMPACT: N/A ~o ~.< FISCAL IMPACT: N/A --~ c~ ALTERNATIVES: N/A ~ ~' (~epar~n[nt eI~s ~gnature City Manager's Signature Public Works Department Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC Irr.-ANNOUNCEMENTS & PRESENTA'I'~ONS CITY OF BOYNTON BEACH Item C~]~ / AGENDA ITEM REQUEST FOIl,. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon)c2;) ~_-.~.~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing '~' [] Code compliance/Legal Settlements [] Unfinished Business co RECOMMENDATION: Presentation by United States Representative Clay Shaw to East Boynton Beach Little League EXPLANATION: The East Boynton Beach Little League All-Stars won the National Championship in 2003 following a tremendous effort at the state and regional levels. The team has made a national impression by their display of sportsmanship and love of the game of baseball. Congressman Clay Shaw has introduced and has received approval of a Congressional Resolution of support for the team. A Congressional Resolution is a rare event of special recognition or action approved by both the U.S. House of Representatives and the U. S. Senate. Representative Shaw will be at our City Commission meeting to present the Congressional Resolution to the coaches and players of the 2003 East Boynton Beach Little League All Stars Team. PROGRAM IMPACT: This action serves to continue and perpetuate the good will toward and affection of the East Boynton Beach Little League Organization for a job well done. FISCAL IMPACT: None ALTERNATIVES: None, this is an informational item. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S :'xBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ?ZL-ANNOUNCEMENTS & PRESENTATZONS CITY OF BOYNTON BEA( Item C o2. AGENDA ITEM REQUEST FL .... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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: To present the 2003 Holiday Parade awards. EXPLANATION: The 33rd Annual Holiday Parade was held on Sunday, December 7. Three judges evaluated parade participants who were eligible for the Best Church Float, Best School Float, Best Marching Unit, Judges' Award, Most Outstanding Float and the Mayor's Award. Awards will be presented at the Commission Meeting. Participation by the Grand Marshals (East Boynton Beach Little League Team) and Santa Claus (Wayne Schooley) will also be acknowledged. PROGRAM IMPACT: The awards presentation recognizes those people and organizations that help make the Holiday Parade a wonderful event that is enjoyed by many people in our community. FISCAL IMPACT: N/A ALTERNATIVES: Host the awards t~resentation on a different date and/or alternate venue. ~ent Head's S~gnat~r~/ City Manager's Signature RECREATION & PARKS Department Name City Attorney / Finance / Human Resources S:XBULLETINSFORMSL~.GENDA ITEM REQUEST FORM.DOC t't'1L-ANNOUNCEHENTS & PRESENTATI'ONS CITY OF BOYNTON BEA AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business po AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business ~ c~.~ RECOMMENDATION: To approve a proclamation proclaiming January 1, 2004 Haiti Bicentenmal Day in Boynton Beach. EXPLANATION: With the growth and rapidly increasing Haitian population in Boynton Beach, the Haitian community would like the City to recognize its heritage and the importance 9fthis date in their history. PROGRAM IMPACT: There will be no city resources or expenditures involved with issuing the proclamation. FISCAL IMPACT: None. ALTERNATIVES: None. Department Head's Signature - f/ City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~4.GENDA ITEM REQUEST FORM.DOC WHEREAS, the growth and prosperity of the City of Boynton Beach, Florida, is due in part to an ethnic diversity that includes a substantial and rapidly increasing Haitian population; and WHEREAS, we recognize the valuable contributions of the Haitian people in the fight for the independence of the United States of America, especially in the battle of Savannah, and pay due tribute to their endowment; and WHEREAS, the Haitian population in South Florida joins together to commemorate the "Bicentennial of Haiti" and celebrate their historical and cultural identity; and WHEREAS, it is appropriate to promote awareness, and understanding of cultural diversity in our City in order to strengthen the self-esteem of our multicultural population. NOW, THEREFORE, T, .lerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim .lanuary 1, 2004 as: Haiti Bicentennial Day and showcase the unique diversity of the Haitian culture and contributions, 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 16a day of December, Two Thousand and three. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:\CC~WP\CCAGENDA\Prodamations\Year 2004\Haiti Bicentennial Day - 2004.doc VT.-CONSENT AGENDA ITEM B.1. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FOI I Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~_ December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 Jalluary 19, 2004 (Noon) f December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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 purchase from DGG Taser, 75 M-26 advanced air tasers in the amount of $56,665.95. EXPLANATION: The City was given a Law Enforcement Block Grant for this purchase. Advanced Taser is a LESS-LEATHAL weapon system that can stop an aggressive, focused, combat trained attacker. The taser stimulates motor nerve system causing incapacitation of the subject. PROGRAM IMPACT: With the Taser system the department may not have to use deadly force in aggressive situations. FISCAL IMPACT: ~ )~ Funding has been provided by the Federal Local Law Enforcement Block Grant 2003LBBX1611. LLEBG 90% $50,999.00 City 10% $ 5,666.95 ~o~ Total purchase $56,665.95 funded in account 105-3402-513-64-02 ~a~ / Department Head's Signature ' {~ty Manager's Signature Police ~ Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC Estimate 1.0034 PLANK LANE Date_ JACI SO Va. LE, I ?/9/2003 J--- 904-781-S184 FAX 904-78t-8194 DOOT^SER OL.COM ,Attn.: Sedrick Aikin Project ! 00 E Beach Blvd Boynton Beach, FL 33435 Fax 561-7t,2-6184 ....... ii~'~ ......... :' Description Quantity Rate Total ................. ~ ............. ' ..... 37,425.00 i 50126 M-26 Advanced Air Tas~ w/lascr, dataport, high cap 75 499.00 NiMH Batteries, dual battery charger and target. 4,1855 BladeTech Tek Lok HOlster w/Single Cartridge Holder 75 99.00 7,425.00 34200 15-foot air cartridge single shot 225 17.89 4,025.25 44205 21-foot Non-conductive training cartridge single shot for 75 17.97 1,347.75 scenario based training (Blue cartridge) 44200 2 l-foot air cartridge single shot 300 18.97 5,691.00 445 O0 Windows based dataport download kit 149.95 149.95 Training Training cost for Taser Instructor Certification 5 210.00 1,050.00 Freight Shipping & Handling 552:00 552.00 Discoum For Payment on thc day of Delivery and Training -1,000.00 -1,000.00 YOU F'0R YOUR BIJsINr:.ss Subtotal $56,665.95 .... Sales Tax $0.00 Total $56,665.95 when you purchase the M26 ADVANCED TASER. I The Sole Authorized Police Distributor in Florida & Georgia Is: DGG TASER, Inc. 10034 Plank L~ne Jacksonville, FL 32220 91)4-781-8184 Phone 904-781-8194 Fax dggt.ser~aol.com E.mail Please note the ADVANCED TASER°, AIR TASER~ and TASER® are registered trademarks, TASER-WaveTM is a trademark of TASER International. Inc. patent: U.S. 5,078,117 and others pending in the U.S. and Worldwide. Copyright 1999 TASER International. Incorporated. Please contact me at 480-905-2006 with any questions, Sincerely, Stephen O. Tuttle Director of Government & Law Enforcement Affairs VI.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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 "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)", Bid#006-2811-04/CJD to JCI/Jones Chemicals, Inc. of Ft. Lauderdale, Florida, for an estimated annual expenditure of $140,000.00. EXPLANATION: On October 21, 2003, Procurement Services opened and tabulated four (4) bids. Of the four bids, only (2) two of the bids would meet our needs providing 25% and 50% Sodium Hydroxide. All bids were reviewed by Utilities Department and it was determined that JCl/Jones Chemicals, Inc. was the most responsive, responsible bidder who met all specifications. This company has performed satisfactorily for the Utility Department for the past ten (10) years. David Ailstock, Chief Operator, Public Water Treatment concurs with this recommendation (see attached memo #03-174). CONTRACT PERIOD: DECEMBER 3, 2003 to DECEMBER 2, 2004 PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for one (1) year period for the purchase of Sodium Hydroxide. Sodium Hydroxide is used at the West Water Treatment Plant to raise the pH of the product water to prevent scaling in the pipelines and to neutralize hydrogen sulfide in the off-gas scrubber. TheiSt ~ Treatment Plant uses 1,7698,710 pounds of Sodium Hydroxide per year. The provisions of this bid awa~r~.~Jll~ ..,-_~ for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, ~fa~&?~ performance and determination that the renewal is in the best interest of the City. :~ I ~ FISCAL IMPACT: ACCOUNT NUMBER: ESTIMATED ANNUAL EXPENDITURE: -~:z: ~~.,,/~~1-2811-536-52-35. ~ ~.$140,000.00 :~-- omo'c~ Deputy Director of Financial Services --- ~;]t~ l¢l[n~ge-r's ~ignature ~ ~rn Procurement Services ~ ~ Department Name City Attorney/~ / Human Resources S:~BULLETIN~ORMSLa~GENDA ITEM REQUEST FORM.D C: Bob Kenyon - Deputy Director of Utilities Dave Ailstock - Chief Operator Barb Conboy - Utilities Manager of Administration File UTILITIES DEPARTMENT NOV 19 2003 MEMORANDUM NUMBER 03-174 TO: William Atkins, Deputy Director of Finance FROM: R. David Ailstock,/'21 ~z.~//~~_~r;,~· Chief Operator, P0lSlic Water Treatment THRU: Robert L. Kenyon, ~~.~///~/~_~...~- Deputy Director of Utilities v . ~ / DATE: November 17, 2003 SUBJECT: Purchase of Sodium Hydroxide Bid #006-2811-04/CJD AGENDA ITEM Sodium hydroxide is used at the West Water Treatment Plant to raise the pH of the product water to prevent scaling in the pipelines and to neutralize hydrogen sulfide in the off-gas scrubber. The current bid with JCl/Jones Chemical Inc. for the purchase of sodium hydroxide, has expired and can no longer be extended. We received four (4) bids, but only two (2) of the bids would meet our needs providing 25% and 50% sodium hydroxide. JCl/Jones Chemical Inc. has the lowest total bid. Bid number 006-2811-04/CJD opened on October 21,2003. We recommend awarding the bid to purchase sodium hydroxide for $140,000.00 from JCl/Jones Chemical Inc. as they are the lowest bidder and have provided a good product with acceptable service for the last ten (10) years. We anticipate using 1,698,710 pounds per year. Please place this item on the next City Commission Agenda to approve the bid for JCl/Jones Chemical Inc. for the 2003-04 Budget Year. These funds will be available in account number 401-2811-536-52-35. If you have any questions, please contact Bob Kenyon at extension 6402 or Dave Ailstock at extension 6453. Attachments /gmb bc: Dave Ailstock xc: Bob Kenyon Barbara Conboy Georganne Barden (Dept. File) ~ z ~ Z ~ ;~ ~ ~oo z rn -o~ 0 ;:o o'o-o z ~ ~::o 0 .,< o~ ~o0 0 ::0 ~0 =fl ITl 0-'1 rn ~0 ~m -~> i~lTI ~ r- 0 < ~ m o -.~ mZ :i~:(~ _ ~ 'i~ c* < -- ~0 m.~, ~cnm X 6303 m= >, o~, ~- > m -- co 0 Oz o 03c -0 ,< ~ .~ rn '~ ..~ ._' ~ :N: ~ '--' Z Z ~ o _.= o - 0 Z --. - o ~0 o~ ' o~ --- { 0 o~(/) mN ~ , Z ~ ~' --. --- ~ Z ~ 0 (.0 CO · --~ × (-) VI.-CONSENT AGENDA CITY OF BOYNTON BEAC} ITEM B.3 AGENDA ITEM REQUEST 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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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 "SENIOR CENTER PHASE II INTERIOR RENOVATIONS", BID # 003-2413-04/JA to: SPADES CONTRACTORS, INC., of Ft. Lauderdale, Florida in an estimated amount of: $86,666.00 plus a 10% contingency to be included for a total of $95,332.00. EXPLANATION: On October 28, 2003, Procurement Services received and opened five (5) proposals. The proposals have been evaluated by our design consultant, CH2M HILL, as well as our Engineering Department, and it was determined that Spade Contractors was the lowest, most responsive, responsible bidder who met all specifications. David Stump, Project Manager, concurs with this recommendation (see memo #03-220). PROGRAM IMPACT: The purpose of this bid is to provide the Senior Center with new offices, exercise room, computer lab and corridors. This will assist in eliminating shared space issues, over crowding, and the loss of valuable services to the seniors. FISCAL IMPACT: The City has received two (2) grants from Forrest C. Lattner Foundation Inc. for Phase II renovations to the Senior Center that total $98,900.00. The funds are allocated in the FY2003/2004 budget as follows: Account Description Account Number Budget Building Improvements 105-3251-513-62-01 $ 98,900.00 Deputy Director of Financial Services City Manager's S~gnature Procurement Services Department Name City Attorney / F~o~Human Resources Cc: David Stump Project Manager Jeffrey Livergood Public Works Director Carol Kribs - Administrative Secretary Central File File S:~BULLETIN~ORMSL~_GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF BID FOR THE SENIOR CENTER PHASE II INTERIOR RENOVATIONS, BID NO. 003-2413-04/JA, TO SPADES CONTRACTORS, INC., IN THE AMOUNT OF $86,666; AUTHORIZING EXECUTION OF THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 28, 2003, Procurement Services received and opened (5) proposals, which were evaluated by our design consultant, CH2M HILL as well our Engineering Department. It is the recommendation of staff that the Bid be awarded Spade Contractors, who was the lowest, most responsive bidder that meets all ~ecifications; and WHEREAS, the City Commission, upon recommendation of staff, deems it to be the best interests of the citizens and residents of the City of Boynton Beach, to award bid (#003-2413-04/JA), and enter into an agreement between the City of Boynton and Spades Contractors, Inc., in the estimated amount of $86,666.00, plus a 10% to be included for a total of $95,332.00. NOW, TItEREFORE, BE IT RESOLVED BY TItE CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA, TI-IAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as tree 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, upon of staff, hereby approves the award of bid (#003-2413-04/JA), and enter an agreement between the City of Boynton Beach and Spades Contractors, Inc., in ~:\CA~ESOV~,greements\Bid Awards\Senior Center - Phase II - Spades Contractors.doc estimated amount of $86,666.00; authorizing the City Manager to exeCute a contract, of which is attached hereto. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS ~ day of December, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner IT: Clerk ~:\CA~RESOV~,greements\Bid Awards\Senior Center - Phase II - Spades Contractors.doc CONTRACT BID TITLE:SENIOR CENTER PHASE 1I INTERIOR RENOVATION,q BID NUMBER:003-2413-04/.IA CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this day of , 20 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and SPADE CONSTRI ICTORS; INC., a Florida Corporation (__X~) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) hereinafter called "CONTRACTOR". WITNESSETH A. The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: SENIOR CENTER PHA~E II INTERIOR RENOVATIONS B. Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 27th day of October, 200.3, for the total bid amount of $86:666.00. C. On the 16th day of December, 2003, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement. D. The Parties agree that the Project is scheduled to be completed within 121Lcalendar days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: c-I CONTRACT 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing recitations contained in Paragraphs A-C are tree and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction (GC-2) 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The Contract Documents are the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate of Insurance 2.2.8. Public Construction Bond 2.2.9. Letters of Credit 2.2.10. Technical Specifications 2.2.1 1. Contract Drawings and Plans 2.2.12. Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties C-2 CONTRACT 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. Guarantee all work and materials for a period of one (1) year. Upon receipt of written notification from the CITY, CONTRACTOR shall correct any defective or faulty work or materials which may appear within one (1) year after completion of the Contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Release of lien forms to be utilized shall be supplied by CITY. 3.1.6. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.7. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.8. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.9. Perform such other tasks as set forth in the Contract Documents. C~3 CONTRACT 3.1.10. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions or the acts or omissions of their subcontracts or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCE1MENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 12JLcalendar days following the commencement date as specified in same. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of completion. 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. c-4 CONTRACT 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $100,00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to complete the work within 120 calendar days from the commencement date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the General Conditions for Construction (GC-44, GC-45, and GC-46). 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial .and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate C-5 CONTRACT CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision cohtained in the General Conditions for Construciton are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction (GC-57). 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is 11.2. The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of C-6 CONTRACT the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. C-7 CONTRACT CONTRACTOR hereby acknowledges that he has read and understands the above provision. INITIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction (GC 24) 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction (GC-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: City Manager Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed CONTRACTOR in the presence of: President or Vice President C-8 CONTRACT Attest as to CONTRACTOR State of Florida ) ) SS: County of Palm Beach ) On this __ day of ,20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: c-9 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 03-220 TO: Bill Atkins Deputy Director of Finance Procurement Se~ices T~U: H. David Kelley, Jr., PE~SM~ City En~neer FROM: David S~p Project M~ager DATE: December 1, 2003 S~JECT: Phase II Construction Boynton Beach Senior Center Bid ~003-2413-04/JA Recommendation of Award Bids were received and public opened for the above noted project on October 28, 2003, with you in attendance. Out of potentially twelve (12) contractors, five (5) submitted bids. Our design consultant, CH2M-HILL, has reviewed the bid package submitted by the three (3) lowest bidders and found the bid packages complete. The apparent low bidder was Spades Contractors, Inc. with a proposed bid amount of $86,666.00 plus a 10% contingency to be included for a total of $ 95,332.00. They have also checked the references submitted by the proposed low bidder. Attached is the original letter fi.om our consultant. Based upon the bid package, our consultant's November 14th letter recommends the award for this project to Spades Contractors, Inc. This office concurs with the recommendation. The account number is #105- 3251-513-62-01, Senior Center Phase II Renovation. Please present this recommendation to the City Commission for their approval. If any additional information is required, please call me at x6486. HDK/DS/ck Attachment xc: JeffLivergood, PE, Director of Public Works Wally Majors, Director, Recreation Carol Kribs, Administrative Secretary File S :kEngineering\CsdkProj ectsXSenior Center Phase IlkRecommendation of Award, Memo to B. Atkins 12-01-03.doc 11/14/2003 00:30 YA~ 861+815+$640 GI~ AIqD Jl~SOlq ~01 ILl W I.U z W W ~ ~ W w o ~ z ~ .- w w w ~o ~ ~ z~ w W~ ~ z m ~ ~ w0 0 Z ~ ~ o ~ ~ o z --~ ~ ~ __ ~ 0 ~ ~~ ~ ~< o z ~ >~ ~ ~o o ~ ~ ~ z VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B.4. AGENDA ITEM REQUEST FOR ,. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business c-~ RECOMMENDATION: Motion to award the "PURCHASE OF FIVE (5) NEW AND UNUSED 60 KW GENERATOR SET~-~:: CJ'S SALES AND SERVICE, of Ocala, Florida in the amount of $119~725.00. Bid # 092-2821-03/JA. EXPLANATION: The purpose of this bid was to obtain a firm price for the purchase of five (5) 60 KW portable genenl/~/' set~ be used in the Utility Department to provide emergency electrical power to our water supply wells. On September~), 2~ Procurement Services opened eight (8) proposals. The recommended vendor, CJ's Sales and Services Inc. of Ocala Florida is tl~l~: second lowest, most responsive, most responsible bidder that meets all specifications. Mark Law, Deputy Utilities Director, concurs with this request (see attached memo #03-179). PROGRAM IMPACT: The purpose of this bid was to obtain a firm price for five (5) generators to be used for remote power in case of emergency during power outages. These generators will be used in various locations. FISCAL IMPACT: The replacement of two (2) stolen 60 KW Portable Generators will be reimbursed from the Risk Management Self-lnsured Loss Account. The insurance company will pay up to $35,000.00 replacement cost for each generator, less the $500.00 deductible. Budget Account// Budget Expenditure #401-2816-536-64-02 (2) $80,000.00 $47,890.00 //401-2824-536-64-02 (1) $35,000.00 $23,945.00 $47~890.00 //401-2816-536-64-02 (2)Insurance ~!1} $47,890.00 i / , Z'") $119,725.00 Deputy Director of Financial Services City Manager s Signature Procurement Services Department Name City Attorney / Finance / Human Resources C: Tony Lombardi Utilities, Pump Station Collection Supervisor Mark Law Utilities, Deputy Director Barb Conboy - Utilities, Administrator Manager Chuck Magazine - Risk Manager Central File File SSBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC Utilities #03-179 DEC TO: Bill A&ins, Fin~ce D~ent FROM: M~k L. Law, D~uty Utilities Director DATE: Novmber 24, 2003 SUBJECT: Agenda Item - Recommendation of Award Bid ~092-2821-03/JA Purchase Five (5) 60kw Mobile Generator Sets Capital Outlay ~e City of Boston Beach opened bids on September 30, 2003, for five (5) new ~d unused 60~ potable generators. ~e bids w~e reviewed by ~e Utilities D~ment ~d ~er review, Utilities Dep~ment is reco~ending awed to CJ's Sales ~d S~ce, Inc. of Ocala, FL in ~e mount of $119,725.00. ~ere were a total of ei~t (8) bids received for the generator sets. Fo~ (4) of the bids w~e disqualified for not submi~ing the required bid bond. Of ~e fo~ (4) remaining bids, it is the decision of ~e Utilities D~mhnent to reco~end the award be made to the second lowest bid, CJ's Sties ~d Se~ice ~ being ~e most responsive, responsible bidd~ ~at meets o~ specifications. ~e lowest bid from Bob Mitchell Associates was disqualified b~ed on ~e tec~cal info~ation provided below: Bob Mitche~ Associates Submi~ed Generac (alternative) $20,312.00 ~e Suppli~ shill have 24-ho~ s~ice availabiliW ~d facto~ W~ned s~ice tec~ci~s au~ofiz~ to p~o~ w~W s~ice on fll products provided. V~dor did not prohde info~ation to meet this specification ~e supplier must have a complete r~r faciliW wi~ at le~t 80% sp~e p~s stock. Vendor did not provide info~ation to meet t~s specification. No specifications on outdoor weather protective enclos~e cons~ction ~d no specifications on sold a~enuating toler~ces or noise levels. Generator set ratings should be 60kW, 75 KVA 60Hz; specifications submiRed ~e 60kW, 60 KVA, 50 Hz. No specifications submi~ to show U.L. 2200 listed ~d EPA ti~ 1 compli~t. Circuit brewer is ~ elec~oma~etic inst~t~eous ~p; specifications call for a molded c~e t~e brewer wi~ elec~offic ~p rated at 100raps, ~ee phase 240 volts. · Con,oiler does not display ~lowa~-Hour meter. Bill Atkins November 24, 2003 Page 2 · Starting Battery bank, Calcium/Lead antimony type; specifications submitted are "Lead/Acid" type. The Utilities Department is approving Katolight/John Deere generators submitted by CJ's Sales and Service to be an equal to Onan/Cummins. The Utility Department's Wastewater Pumping Stations Division would like to purchase these five (5) 60 kW generators. Each generator cost $23,945.00 for a total of $119,725.00. Funds are available in accounts ~401-2816-536-64.02 and ~401-2824-536-64.02. Two of these generators are replacements for stolen generators and will be reimbursed by Risk Management. xc: Tony Lombardi Mark Law Barb Conboy MEMORANDUM Utilities #03-126 TO: Bill Atkins, Procurement Services FROM: Barb Conboy,UManager Utilities Department DATE: August 20, 2003 SUBJECT: 60 KW Portable Generator Bid The Utilities Department has revised the bid specifications from five (5) 80 KW portable generators to five (5) 60 KW portable generators. The 60 KW generators are sufficient for the variety of lift stations in the collection system. Attached are the technical specification changes. Please revise the Procurement Department's documentation and attach to the revised bid specifications. The Utilities Department is requesting the funds budgeted from 2002/03 be encumbered to allow for purchasing of the five generators once the bid award is recommended and Commission has approved the recommendation. If additional information is needed, please contact me. /gb Attachments Xc: Barb Conboy Tony Lombardi Mark Law File VZ.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM C.1. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January20,2004 January 5, 2004 (Noon) [] March l6, 2004 Marchl'2004(N°°n)c~ [] Adminislzative [] 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 approve contract with JEG Associates to continue consulting services to the Heart of Boynton projects. EXPLANATION: The scope of services for a new agreement with the current consultant would be to provide the following services: Task 1:) Provide consultative technical assistance to the City, relative to the development of implementation strategies related to the HOB plan. Task 2:) Assist the City in the coordination and implementation of community outreach activities designed to increase community awareness of the HOB plan and related redevelopment activities. Task 3:) Assist the City in the development of collaborative partnerships and project implementation with public and private community stakeholders and potential resource partners. Task 4:) Conduct additional planning and design work as directed. PROGRAM IMPACT: Success of the capacity building component of the implementation of the Heart of Boynton Redevelopment Plan is important to all the stakeholders. Neighborhood and church leaders, resident, connecting organizations, and city staff and other need a road map to follow. FISCAL IMPACT: This contract will cost $7,000.00 and will come from the Neighborhood Services budget line item Other Contractual Services, account # 001-2417-559-49-17. $2,800 is carry over from the last fiscal year for the color guide and $4,200 will come from this years budget to assist the city in the coordination and implementation of the Heart of Boynton plan. ALTERNATIVES: There is no current funding available for this program outside of the funds allocated by the city. ' -Ci~y l~a~a~e-r'-s'Signature-- Department Head's Signat~/ ~ ~ Neighborhood Services Department Name City Attorney / Finance / Human Resources S:XBULLETIN~ORMS~u~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- :! I~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING EXECUTION OF A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND JEG ASSOCIATES FOR THE CONTINUATION OF CONSULTING SERVICES TO THE HEART OF BOYNTON PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of staff, has deemed it to >e in the best interests of the citizens and residents of the City of Boynton Beach to enter into Agreement between the City of Boynton Beach and JEG Associates to continue consulting services to the Heart of Boynton Project; WHEREAS, the scope of services for this new agreement encompasses: Task 1 - Provide consultative technical assistance to the City, relative to the strategies related to the HOB plan; Task 2 - Assist the City in the coordination and implementation of community activities designed to increase community awareness of the HOB plan and related activities; Task 3 - Assist the City in the development of collaborative partnerships andproject ~lementation with public and private community stakeholders and potential resource and Task 4 - Conduct additional planning and design work as directed; NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, TItAT: :\CALRESO'aHeart of BoyntOn - Continuation of JEG Associations Agr 112503.dec 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 approve an Agreement between the City of Boynton Beach and JEG providing for the continuation of consulting services for the Heart of Boynton a copy of which is attached hereto and made a part hereof. Section 2. The City Manager is hereby authorized and directed to execute said Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ...~ day of December, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Seal) g:\CA~RESO~I-Ieart of Boynton - Continuation of JEG Associations Agr 112503.dcc November 13, 2003 Joseph Gray, President JEG Associates 5702 Normie Ddve Odando, FL 32839 Hereinafter referred to as JEG AND City of Boynton Beach Neighborhood Services 100 E. Boynton Beach Blvd. Boynton Beach, FI 33425 Hereinafter referred to as the Client The Client desires to contract with JEG to provide consulting services related to the implementation of the Heart of Boynton plan. Services will be provided, consistent with the following Scope of Services and payment schedule upon execution of this agreement. SCOPE OF ADDITIONAL SERVICES The Scope of Services generally to be provided by JEG may include, but will not be limited to any of the following: Task Area I - Planning and Design $2,800 Complete Color Guide, which provides exterior paint pallets for commercial and residential structures in the Head of Boynton area that is a carry-over from the 2002/2003 fiscal year.. o The Guide will include 16 options for paint and trim colors to be used as guides for new construction and renovation projects. Color options will include Flodbean and traditional color schemes. o Provide consultative technical assistance to the City, relative to the development of implementation slmtegies related to the Color Guide. Task Area 2 - HOB Implementation Plan - $4,200 Assist the City in the coordination and implementation of a HOB Implementation Planning Summit to develop detailed strategies for implementing key components of the HOB plan. o Meet with various City Dept. representatives to identify City priorities, budgets, processes, projects, and schedules, relative to HOB implementation. o Coordinate full-day public workshop to: Educate community about current status of HOB projects and initiatives - Identify community priorities, relative to implementation strategies and projects - Identify specific public projects and community initiatives to be carded out over the next 12-24 months {including: action steps, budgets, schedules, roles and responsibilities} o Develop community outreach strategies and materials o Develop Implementation Plan document that outlines implementation goals, action steps, budget, timelines, and areas of responsibility for City Depts./Staff, residents, and other public and private community stakeholders. COST PROPOSAL The City will pay JEG for services at a fiat-rate basis for the tasks indicated above. The contract shall commence upon execution of this agreement. AGREED TO AND ACCEPTED BY: City of Boynton Beach JEG Associates By:.. 'By: Joseph Gray Its: Its: President Date: Date: JEG ASSOCIATES 5702 NORMIE DRIVE ORLANDO, FL 32839 (407) 351-9320 2 VL-CONSENT AGENDA CITY OF BOYNTON BE/ 1'TEM C.2. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January6,2004 DecemberlS, 2003(Noon) [] March2,2004 Februaryl6,200q(Noc~ [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Adminislxative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve revision of Fire Rescue Advanced Life Support ambulance transport fees. EXPLANATION: These fees are charged to the patient's insurance company. Medicare has modified their ambulance fee reimbursements, this proposed revised fee schedule takes advantage of future rate increases in order to maximize our ALS transport revenues. Not only will Medicare reimbursements increase but also reimbursements from other medical and vehicle insurance carriers. A number of local fire rescue agencies are currently revising their fees at this time. See attached comparable current and proposed fire rescue fees. PROGRAM IMPACT: These changes will increase our reimbursements from Medicare and other insurance carriers, thus increasing our ALS transport revenues. FISCAL IMPACT: We anticipate an increase in the annual revenue collected from our ALS transport program. The new rates reflect payments based upon specific treatment and transport criteria. Actual revenue increases are difficult to predict, however, a conservative 5% increase in reimbursements will result in approximately $35,000 additional revenue. ALTERNATIVES: Maintain~ same fee structure and receive reduced reimbursements. Departm~Head's Signature - CI~ ~Ian~e~'s SignaXture Department Name City Attorney / Finance / Human Resources Fire Rescue Department S:~BULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC Fire Rescue Ambulance Transport Fees Comparisons BLS ALS1 ~' ALS2 Skilled CareMileage Agency ' Boca Raton $465.00 $465.00 $600.00 $625.00 $8.50 *Delray Beach $350.00 $420.00 $500.00 $600.00 $8.00 *Boynton Beach $325.00 $400.00 $500.00 $600.00 $8.00 Boynton Beach Current $260.00 $305.00 $445.00 $525.00 $5.50 Deerfield Beach $400.00 $400.00 $480.00 n/a $7.70 West Palm Bch $340.00 $340.00 $480.00 $580.00 $7.25 PBCFR $300.00 $340.00 $450.00 n/a $7.50 Medicare Reimbursements $297.49 $305.00 $377.80 $5.50 *Proposed ! 1/24/2003 RESOLUTION NO. R 03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING A REVISION OF THE FIRE RESCUE ADVANCED LIFE SUPPORT AMBULANCE TRANSPORT FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, due to changes in Medicare reimbursement for ambulance services, recommended revisions to the City's Advanced Life Support (ALS) transport to ensure that the City receives the maximum reimbursements allowed by Medicare; WHEREAS, upon recommendation of staff the City Commission of the City of Beach, Florida, hereby does revise the Fire Rescue Advanced Life Support Fees, to incorporate this new reimbursement fee structure; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach does hereby and approve the revised Fire Rescue Advanced Life Support ambulance as attached hereto as Exhibit "A" and made a part hereof. Section 2. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this __ day of December, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner IT: Clerk Seal) Department Memorandum 03-0040 To: Chief Bingham From: Deputy Chief J. ~ Date: October 30, 2003~'-~"~'~ ~ Re: Advanced Life Support (ALS) Transport Fee Revision Based upon recent changes in Medicare reimbursements for ambulance services, I am requesting the following revisions to our ALS transport fee schedule. These changes will insure the city receives the maximum reimbursements allowed by Medicare. The proposed fees are consistent with transport fees established by other local and state fire rescue services. I am requesting the following fee modifications be included in a resolution submitted to the City Commission for their approval: New Previous *Basic Life Support: $325.00 $260.00 Advanced Life Support Level 1: $400.00 $305.00 Advanced Life Support Level 2: $500.00 $445.00 **Special Care Transports $600.00 $525.00 Mileage: $8.00/mile $5.50/mile *Basic Life Support is not currently a part of our transport services, however, there are occasions where we transport BLS patients. **Special care transports involve interfacility transports (nursing home, etc). Like BLS fees, they are currently not part of our transport service, however, there are occasions where we are requested to transport critically ill patients between medical facilities. C: City Attorney Palm Beach County Division of EMS VZ.-CONSENT AGENDA I'TEM C.3. CITY OF BOYNTON BEA AGENDA ITEM REQUEST Fwd,, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noo~..~ [] January20,2004 JanuaryS, 2004(Noon) [] March 16,2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business [] City Manager's Report [] Presentation AGENDA ITEM [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business '~' RECOMMENDATION: Motion to approve and authorize signing of 2 Agreements for Water Service Outside the City Limits with William and Jennie Iterzer for the properties located at 1028 and 1220 Highview Road, Lantana, Florida (Lots 158 and 184 respectively, Ridge Grove Addition No. 1). EXPLANATION: The parcels covered by these agreements contain single-family homes located in the San Castle/Ridge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by Palm Beach County as part of a neighborhood improvement project. {See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to these parcels. No additional construction will be required by the City to serve this property. PROGRAM IMPACT: None FISCAL IMPACT: None ~,~o~TERNATIVES: N~one. These parcels are within the Utilities service alr~a. Department H{~d'-s Signature '-City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " S:\BULLETINX~FORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF TWO AGREEMENTS FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND WILLIAM AN D JENNIE HERZER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our and sewer service area, at 1028 and 1220 Highview Road, Lantana, Florida (Lots 158 184, respectively, Ridge Grove Addition), which is located in the San Castle/Ridge ect area; and WHEREAS, the subject parcel contains a single-family home, and only potable water s available for connection to the property at this time, due to water main improvements Beach County as part of a neighborhood improvement project; and WHEREAS, City policy requires annexation of the property to be serviced at the practicable time, as a condition of the granting of water services outside its urisdictional limits; and 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 tree and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Manager is hereby authorized and directed to execute two Service Agreements between the City of Boynton Beach, Florida and William and Herzer, said Agreements being attached hereto as Exhibit "A". l:'~CALRESO'C~greements\Water ServiceLHerzer Water Service Agreement.doc Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of December, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ,:\CAX~R~ESO~Agreements\Water ServiceLllerzer Water Service Agreement. doc THIS INSTRUMENT PREPARED BY: James A, Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ]$ ~- day of t~'~/t4 eg~--"~, 200.9 , by and between 11}/1~, ~ (~~ ~~ hereinafter called the "Customer", and the Q'13~ OF BOSTON BE.~H, a~nunicipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) iA) ( Il; '~ t~ ~ -~ e.. ~ m (e /.-/~, t- 2. 6. ~- The Customer and the City hereby agree that there are .~,?'~ t~qmvalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, roles and regulations 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the, work necessary to conform the lines or the City may have the work performed On behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach. for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System ~to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are appIicable Which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and ofthe irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's fights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records 0fPalm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Connnission, Officers, employees and agents (Both in their individual and official capacities) from and against ali claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting fi.om the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 5-1~ dayof ,2oo . WITNESS: INDIVIDUAL(S) AS OWNER(S): Witness Signature ' C~/wner Signature Printed 'Witness Name Printed Owner Name [.~Pitness Signature Printed Witness Name ' 3 Witness Signature Owner Signature bt Printed Witness Name Printed Owner Name Jness Signature Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in ~¢ State aforesaid-.~'~-~and int~d_.,the Co~.aforesaid~.._, '7 ~---I~ to take acknowledgmentS,toPersonallYme known toappearedbe the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; th?. the individual, was personally known to me or provided the followingprOofofidentification: (~t'~ VCr~ {~tCC~Se,, WITNESS my hand and official seal in the County and State last aforesaid this ~. dayof -- ,20o, Notary Public ~!~ EXPIRES:,Ianu~IO, 2005 WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City\Clerk 4 STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: City Attorney JAC/Ims 900182 12/12/95. rev WATERSRV. 1 THIS INSTRUMENT PREPARED BY: James A. Cherof. Esquire Joslas & Goren, P.A. 3099 East Commercial Blvd. Suite 2OO Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF I/We, i~lh'~/-~,-P ~-~/Y/Y/'C ~ Y Z.-~K' , hereinafter "Grantee", hereby make, constitUte, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any , available means. The real property which is the subject of this power is described as follows: The powers and authority of my attomey, THE CITY OF BOYNTON BEACH, FLORIDA, Shall commence and be in full force and effect on the day of . , 20 and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the /.5 day of ~-~P~"~"~O E'F. , in the year two thousand and Sealed and deliveredin the presenceof Witness Signature ' ' Owner Signay~' Printed Witness Name Printed Owner Name Wit~ess Signature "~ Printed Witness Name Witn~,~s-Signature -' ' ~r{~r'Sig~at~r~ Printed Witness Name Printed Owner Name Witr}ess Signature'"- ~ ! Printed Witness Name STATE OF FLORIDA ) o ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this /3' -day of ~-~'F'~-~fS~ P-.,, 20 o~, by ~z,,,-~c/~,,~ ~/Ex~7_.~;.~_ and ,_~_..,,j,.)~-- ~-~..7_~.,~_.. , who are known to me or who have produced , as identification and who did/di~not take an oath. N(~"ARY PUBLIC Type or Pdnt Name Commission No. ~..- My Commission Expires: ",~4,~,-," POA. IND. CITY OF BOYNTON BEACH UTILITIES DEPARTMENT ~ ,, 124 E. Woolbdght Road / ~.-' Boynton Beach, FL 33435 561-742-6400 FAX 561-742-6298 LETTER OF TRANSMITTAL DATE: October 3, 2003 TO: Mrs. Jennie Herzer 3172 2"a Ave. North Lake Worth, FL 33461 RE: Water Service Agreements TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS' Pages Description 2 Water Service Agreements Remarks: Mrs. Herzer- Will you and your husband please sign in the marked areas, also have your signatures witnessed ('by 2 people), and notarized. Then return these forms to me. Thank you. Signature:. Peter V. Mazzella Copy to: Peter Mazzella File lin. = 131.3 feet ~ 032-'--~OS9 =oo - tit 0341...,J I I .0660 03601~-~(] 0641 1690 1560 F'I i 0631 0371 0630 0120 0390 0610 0400 01 O0 0''0 0 00 0 .81 0420 0590 0080 0430 ~ O57O )321 0070 0440 ~ 0050 0450 0560 0170 0200 0220 0540 1561 0030 0530 1560 0130 0100 0080 0510 0020 MINER RD [o030100401 1003010o401 1003010040I LOCATION MAP (~¥~,~,t ~'2 Palm Beach County Property Appraiser Property Search System Page 1 of 1 Gary R. Nikollts, CFA Palm Beach County Appraiser Public Access System -Property Information Location Address: 1028 HIGHVIEW RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-09-000-1580 Subdivision: RIDGE GROVE ADD 1 IN Official Records Book: 04778 Page: 0870 Sale Date: Jan-1986 Legal Description: RIDGE GROVE ADD 1, LOT 158 -Owner Information Name: HERZER WILLIAM & JENNIE D Mailing Address: 3172 2ND AVE N LAKE VVORTH FL 33461 3699 ~2003 Proposed Appraisal Improvement Value: $41,226 Number of Units: I I StflJctural...~ Land Value: $11,520 Total Sq. Ft: 950 L Extra... J Market Value: $52,746 Acres: .00 ~ Use Code: 0100 Description: SINGLE FAMILY -2003 Proposed Tax Ad Valorem: $1,031.35 Non ad valorem: $192.00 Total: $1,223.35 [ Detall.~ -2003 Proposed Assessed & Taxable Values Assessed Value: $52,746.00 Exemption amount: $0 (2003 Exemption) Taxable: $52,746.00 Exemption Information Unavailable. Sales Information Sales Date Book Pa_ue Pri~e Instrument Owner Jan-1986 04778 0870 1 oo QC Dec-1984 04432 1620 100 QC ! Home I I Back [ I Search I I Search Result I --" Please send us your feedbac.k. Copyright © 2002 by Palm Beach County Property Appraiser All Rights Reserved http://www, co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=00434509... 9/26/2003 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 .- AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ~ 5- - day of ..~-Pr--~-~.4a~ GE 200 5, by and between /~/~ 4-~~ ~ hereinafter called the "Customer",' and the CITY OFB~YNTON BEACH, a municipal corporation of the state of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) ~c~.~p~lr.-v,,~ ~. .., ~,,~ · - ~. -, ¢ oc / 2. The Customer and the City hereby agree that there are I/3~d~quiv~ent Residential Connections which City shall service. 3. The Customer agrees to pay. all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conform, ance with all codes, rules and regulations 1 applicable to the inStallation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the' work necessary to conform the lines or the City may have the work performed on behalf of the CUstomer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach.for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and' equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the conSideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment Or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthqUakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) fi.om and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer wan'ants to the City that Customer holds legal and beneficial tire to the property which is the subject of this Agreement. IN WITNESS WHEREOF. the parties hereto have set their hands and seals this ~.~ '/! day of em )oer ,20 . WITNESS: INDIVIDUAL(S) AS OWNER(S): W~tness Signature - '" - ~er s}gnatm-~ o, Printed Witness Name Printed Owner Name Printed Witness Name Witness Signature Owner Signature . Printed Witness Name Printed Owner Name Printed Witness Name FOR INDMDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County~aforesaid to take acknowledgments, personally appeared --~ Iq i 4_ ~_~~ to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the followingproofofidenfificafion: C~ T i vet'S5 (..j/'~.e_jT.,,~e- ~ WITNESS my hand and official seal in the County and State last aforesaid this ~ day of ovonlger-,2005_ (Notary Seal) Notary Public I1~ m~*.J~,u~t ~o, toos II_]~-_ _,, _,"~_ _~, ~ ~_ _ ~ _~L'~ WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mawr ATTEST: City\Clerk 4 STATE Of FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: City Attorney JAC/Ims 900182 12/1 2/95. rev WATERSRV. 1 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 3.3.308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ~' ,J~ I/We, [~); Ih'a..t~ ~ '5,~,n ,'e__ H~7~ ~- , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any , available means. The real property which is the subject of this power is described as follows: /.~-o /')','~'~"~ [~ ~;' /- o +- /~'~ The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the day of , 20 and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the /_q-cz.. day of ~r¢~w.~-l¢- ., in the year two thousand and Sealed and delivered in the presence of Witness Signature "f Ow"r{er Signature/~/ Printed Witness Name Printed Owner Name ess SignatuC~'- Printed Witness Name Witness Signature /Mtt. r..t',o/w ~ t~',4/0~ ~.t.f'~¥[¢ Her Printed Witness Name Printed Owner Name Witness Signature--''' ~ · Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before .me this o,~t, jz'~t & ~--~ , 20 ,~, by g~,~ t.z~ ~ ,,..r g-~--~z.c---~ ~and i~: ~--~z'~F-. , who are known to me or who have produced , as identification and who did/did not take an oath, · Type or'rpdnt Name ..--,~'%cozaa~o= CommiSSiOn No. ~.>__~"-~.~ ~ My CommiSsion Expires: ~_-~.~,* . .~k.a' ~ ,- POA.IND -,,,,,,,~,' ~t~t~ I in. = 151.4 feet 2490 2560 0040 BY' 89C 1900 1920 1930 195019601970198(199( ~00( 2010 03 2040 0080 0090 1860 83( 182(181( 1791 1780 ;77C!76C 75(]174Cl730172( 1710 87C )86C 85 8 0821 0810 0791 0771 0760 )750 0730 :)72( D710 0110 i HIGHLAND RD 0120 0950 0130 1061 o16o 0170 1311 1360 0180 1610 1390 MINER RD 0170 LOCATION MAP - EXHIBIT A Palm Beach County Property Appraiser Property Search System Page 1 of 1 Gary R. Nikolits, CFA Palm Beach County Appraiser Public Access System - Property Information Location Address: 1220 HIGHVIEW RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-09-000-1840 Subdivision: RIDGE GROVE ADD I IN Official Records Book: 05900 Page: 1942 Sale Date: Oct-1988 Legal Description: RIDGE GROVE ADD NO I LT 184 - Owner Information Name: HERZER WILLIAM & JEANNIE Mailing Address: 3172 2ND AVE N LAKE WORTH FL 33461 3699 - 2003 Proposed Appraisal Improvement Value: $28,573 Number of Units: 1 [~ral--[ Land Value: $11,520 Total Sq. Ft: 620 [' Extra... Market Value: $40,093 Acres: .00 i Land-'- Use Code: 0100 Description: SINGLE FAMILY -2003 Proposed Tax Ad Valorem: $783.94 Non ad valorem: $192.00 Total: $975.94 [ D.tail... -2003 Proposed Assessed & Taxable Values Assessed Value: $40,093.00 Exemption amount: $0 (2003 Exemption) Taxable: $40,093.00 Exemption Information Unavailable. Sales Information Sales Date Book Pa_ue Price Instrument Owner Oct~1988 05900 1942 18000 VVD ! I Home I I- I ._,.~..~ ,~~ I Back Search I I Search Result I ~~ Please send us your feedback Copyright © 2002 by Palm Beach County Property Appraiser All Rights Reserved http://www, co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=00434509... 10/3/2003 VI.-CONSENT AGENDA ITEM C.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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December I, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) I I January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (N · ~"< t~ January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon)c-'~ [] 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 item on the December 16, 2003 City Commission agenda under Consent Agenda. Staffrecommends that the city execute a contract with Kimley-Hom and Associates, Inc. for professional planning and engineering consulting services associated with a proposed amendment to the City of Boyaton Beach Comprehensive Plan to designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton Beach within the CRA area. Base amount of the contract is $56,000.00 with optional elements amounting to an additional $48,000.00. All costs associated with this contract axe to be paid by the City of Boynton Beach Community Redevelopment Agency. For additional information, please see the attached Scope of Services submitted by ~he consultant. EXPLANATION: The Boynton Beach Co ...... ~mity Redevelopment Agency (CRA) is seeking to establish a TCEA within the CRA, its designated urban redevelopment area as defined in 9J-5.0055(6)(a)(2) of the Florida Administrative Code; however, application for a TCEA can be made by only a municipality or the County. The TCEA is adopted as an amendment to the City's Comprehensive Plan and to the Traffic Performance Standards Ordinance (TPSO) which involves an amendment to the County's Comprehensive Plan. Because of the County's scheduling for its large-scale comprehensive plan amendments, the TCEA plan must be aPproved for transmittal to DCA in March 2004 and will be a part of the City's second round of amendments for 2004 (transmittal scheduled for early July). By using a consultant from the City's approved list of consultants under the Consultants' Competitive Negotiations Act, the City can meet the County's schedule for this round of large-scale amendments. PROGRAM IMPACT: The City and the CRA have recently updated the redevelopment plans for the areas in the downtown integrating mixes of land uses and encouraging multi-modal transportation options. Nonetheless, the plans are expected to create additional vehicular impacts both within the proposed TCEA and the adjacent areas. The intent of establishing the TCEA is to facilitate implementation of adopted redevelopment plans through elimination of the transportation concurrency requirements. The TCEA plan developed under this contract will include Strategies for traffic impact mitigation and management, and contribute to the creation of a livable and sustainable downtown community. FISCAL EMI'ACT: No impact (above-described costs to be paid by the CRA). SAPIanningXHUDSONXTCEA\TCEA Agenda Item Request Dec 16, 2004.dot CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not endorse establishment of a TCEA at this time, leaving future development proposals to be limited by road capacity and level of service standard~. D~v~i°pnmenl[ Dep~-i lgtrector City Manager's Signature Planning and ~l~ning Director City Attorney / Finance / Human Resources S:~Planning~aq3DSOI~TCEA\TCEA Agenda Item Request Dec 16, 2004.dot RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING A CONSULTANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND KIMLEY-HORN AND ASSOCIATES, INC., FOR PROFESSIONAL PLANNING AND ENGINEERING CONSULTING SERVICES ASSOCIATED WITH A PROPOSED AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN TO DESIGNATE A TRANSPORTATION CONCURRENCY EXCEPTION AREA (TCEA) WITHIN THE CRA AREA; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVDING AN EFFECTIVE DATE. WHEREAs, the City Commission, upon recommendation of staff, has deemed it to in the best interests of the citizens and residents of the City of Boynton Beach to approve Consultant Agreement between the City of Boynton Beach and Kimley-Horn and in an amount not to exceed $104,000, for professional planning and engineering g services associated with a proposed amendment to the City's Comprehensive Plan designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton the CRA area; and WHEREAs, the base amount of the contract is $56,000 with optional elements to an additional $48,000. It is acknowledged and agreed that all costs associated this contract are to be paid by the City of Boynton Beach Community Redevelopment 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 Section 2. The City Commission of the City of Boynton Beach, Florida does authorize and approve the Consultant Agreement between the City of Boynton Beach Kimley-Hom and Associates in an amount not to exceed $104,000, for professional and engineering consulting services associated with a proposed amendment to the Comprehensive Plan to designate a Transportation Concurrency Exception Area for the City of Boynton Beach within the CRA area, which Agreement is attached as Exhibit "A". Section 3. The City Manager and City Clerk are authorized and directed to said Agreement. Section 4. o This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of December, 2003. CITY OF BOYNTQN BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Seal) CONSULTANT AGREEMENT THIS AGREEMENT, is entered between the City of Boynton Beach, hereinafter referred to as "the City", and Kimley-Horn and Associates, 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 provide professional planning and engineering consulting services associated with a proposed amendment to the City of Boynton Beach Comprehensive Plan to designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton Beach within the CRA area. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, and incorporated herein by reference. 4. TIME FOR PERFORMANCE. The Consultant's responsibility to provide services under this contract shall commence upon execution of this document by the parties and shall terminate sixty (60) days after final completion of the project. 5. PAYMENT. The City Commission shall pay Consultant for services provided pursuant to the Fee Schedule included in Exhibit "A". a. The Consultant may submit invoices to the City upon completion of each Task described in the Fee Section of Exhibit "A". Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. b. 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 it's acceptance by the City. c. 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. d. The Consultant's records and accounts pertaining to the 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. 6. 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 S:\CA\AGMTS\Consultant Agreement Kimley Horn.doc information, reference and use in connection with Consultant's endeavors. 7. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this 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. 8. 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 person, the emploYees, or damage to property occasioned by a negligent act, error or omission of the Consultant. 9. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this agreement, workers compensation, comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and professional liability insurance in the amount of $1,000,000. See the Insurance Advisory Form attached hereto as Exhibit "B." 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 prior to execution of this agreement. 10. 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 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. 11. 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 be the right to annul this contract without liability or, in its discretion to deduct from the contract price or considerati°n, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 12. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, S:~CA~AGMTS~Consultant Agreement Kimle~y Horn.doc 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. 13. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the expreSs written consent of the City. 14. 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. 15. TERMINATION. a. The City reserves the fight to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. Consultant shall be paid for work completed up to the date of termination. 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. 16. DISPUTES. Any dispute 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. 17. 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 33425-03 l0 ATTN: City Manager Notices to Consultant shall be sent to the following address: Kimle¥-Horn and Associates, Inc. S:\CA~AGMTS~ConSUltant Agreement Kirnley Horn.doc 18. 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. 19. 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 the City and Consultant. DATED this day of 2003. CITY OF BOYNTON BEACH City Manager Consultant Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary S:~2ALS~GMT~Consultant Agreement Kimley Horn.doc and Associates, Inc. · November 24, 2003 4431 Embarcadero Drive West Palm Beach, Florida Mr. Dale Sugerman 33407 Assistant City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida, 33425-0310 Dear Mr. Sugerman: Kimley-Horn and Associates, Inc. ("KHA" or "the Consultant" or "We") is pleased to submit this letter agreement (the "Agreement") to the City of Boynton Beach ("the Client") to provide professional planning and engineering consulting services associated with a proposed amendment to the City of Boynton Beach Comprehensive Plan being considered by city officials to designate a Transportation Concurrency Exception Area (TCEA) for the City of Boynton Beach downtown area. TCEA BACKGROUND It is our understanding that the Boynton Beach Community Redevelopment Agency (CRA) and the City of Boynton Beach ("the City") seek to establish a TCEA within the CRA, its designated urban redevelopment area as def'med in 9I-5.0055(6)(a)(2) of the Florida Administrative Code. The City has recently updated the redevelopment plans for the areas integrating mixes of land uses and encouraging multi-modal lxansportation options. Nonetheless, the plans are expected to create additional vehicular impacts both within the proposed TCEA and the adjacent areas. The intent of the TCEA establishment is to facilitate implementation of these plans through elimination of the transportation concurrency requirements. Instead, the TCEA plan will include strategies for traffic impact mitigation and management, and contribute to the creation of a livable and sustainable community in the downtown Boynton Beach area. Application for a TCEA can only be made by a municipality or the County. The TCEA is adopted as an amendment to the City's Comprehensive Plan and to the Traffic Performance Standards Ordinance (TPSO) which involves an amendment to the County's Comprehensive Plan. These amendments are reviewed by various state and local agencies including adjacent cities, various county departments, the Treasure Coast Regional Planning Council, Florida Departments of Transportation and Community Affairs. · TEL 561 845 0665 FAX 561 863 8175 November 24, 2003, Page 2 of 8 and Associates, Inc. TCEA GOALS The TCEA process will serve many purposes in addition to providing the mechanism to achieve the desired land use plan for the CRA. Mixed-use development within the CRA will promote a larger market for transit. With the anticipated increase in number of downtown city dwellers, there will be an increased demand for bus, rail, and other multimodal transit providers. This demand will reduce the reliance on automobiles for individual transportation needs, and in mm, assist the development of non-automotive modes of transportation such as bicycles or walking. Furthermore, the following economic, social, and environmental goals of the CRA will be made possible by implementation of the TCEA: · Increase the quality of urban life through a pedestrian-friendly environment. · Improve conditions for people (cleaner air, friendlier surroundings, and more trees). Provide a wider choice of transportation and urban life-style options. · Encourage opportunities for economic development by promoting the downtown. · Create safe and attractive streets by reducing the negative effects of motor vehicles on the environment. · Increase property values through redevelopment. · Promote pedestrian, bicycle, and transit use. · Conserve natural resources including energy and land by reducing vehicle trips and single occupancy vehicles. · Build an equitable transportation system. SCOPE OF SERVICES The following scope of services is offered to help the CRA and the City achieve the ultimate vision of the CRA redevelopment plan by amending the City of Boynton Beach Comprehensive Plan to establish a TCEA within the CRA, its designated urban redevelopment area as defined in 9J-5.0055(6) of the Florida Administrative Code and Section 15.(I) N of the Palm Beach County Land Development Code. TCEA TASKS Task 1 - TCEA Definition and ~lustification The initial step will be to designate the boundaries of the TCEA in accordance with Department of Community Affairs (DCA) Rule 9J-5.005(2). This will involve coordinating with City staff to present consistent area delineation for use in the Comprehensive Plan Amendment and TCEA Applications and to help justify the boundaries in relation to the goals, objectives and policies of the City's Comprehensive Plan. It is our understanding that the City intends for the Kimloy-Horn Mr. Dale Sugerman, November 24, 2003, Page 3 of 8 and Associates, Inc. proposed TCEA to exclude the CRA areas south of Woolbright Road, north of the Boynton Beach canal, and the area west of Interstate-95. A review of the Existing and Future Land Use Map Data as provided in the existing City Comprehensive Plan will be performed to evaluate the existing and proposed land uses within the CRA. In order to develop traffic projections for the CRA, this evaluation will be supplemented by site-specific land use types and intensities provided by the City and CRA. Vacant land use data as provided by the City or CRA will be utilized to determine applicability of TCEA justification options under Rule 9J-5. Site-specific data or vacant land use data not provided to KHA may have to be compiled (as an Additional Service) by a review of current GIS (Geographic Information System) data available from Palm Beach County. It is a requirement of the Palm Beach County Traffic Performance Standards Ordinance (TPSO) that a Pre-Application Meeting be held as a part of the TCEA procedure. Kimley-Hom will schedule an initial pre-application meeting to include a technical methodology discussion with representatives of both the Palm Beach County Traffic Division and Planning Division (who will be responsible for inviting other representatives of other agencies or municipalities). We will prepare a methodology document to present the techniques that will be used in the analysis. We will attend the meeting to present the methodology to agency representatives in attendance. Task 2 - TCEA Analysis In accordance with requirements of the Department of Community Affairs (DCA) and Palm Beach County, a traffic analysis will be prepared to address the impacts of the TCEA on the surrounding area, adjacent municipalities and the Florida Intrastate Highway System (FIHS). Information provided by Palm Beach County and other agencies during the Pre-Application and Methodology Meeting will be evaluated for incorporation into the analysis. This is expected to include daily and peak hour analyses and will address short and long range projections of traffic conditions. The long range analysis will involve a 2025 evaluation of traffic conditions in the downtown Boynton Beach area. Up to six (6) intersections will be analyzed (as needed) as part of Task 2. An evaluation of the existing transportation network will be performed, including roadway conditions, available transit options (such as PalmTran routes or access to TriRail service), as well as pedestrian and bicycle facilities. Existing traffic count data will be obtained from the City of Boynton Beach, Palm Beach County, and the Florida Department of Transportation. Based on the land use data provided in Task 1, a trip generation analysis will be undertaken for the proposed CRA land use utilizing trip generation rates from Palm Beach County and current edition Of the Institute of Transportation Engineering's Trip Generation Report. Trip generation calculations for unique Kimley-Horn Mr. Dale Sugerman, November 24, 2003, Page4 of 8 and Associates, Inc. land uses not specified by ITE or Palm Beach County will be developed using assumptions or acceptable methodology. The Palm Beach County Florida Standard Urban Transportation Model Structure (FSUTMS) for the 2025 analysis year will be modified to appropriately represent the proposed CRA land use plan as defmed in Task 1. The FSUTMS model data will be utilized to obtain historical growth information for non-CRA background traffic as well as to assign CRA project trips to the surrounding network. The outcome of this task will be a preliminary TCEA Justification Report including initial recommendations as to mitigation strategies. Task 3 - Agency Meetings and Coordination Based on the initial review of the TCEA Justification Report, additional inter- agency meetings are expected. We have estimated the need for up to six (6) of these meetings, which may include staff meetings, technical meetings, neighborhood workshops and public hearings as authorized by the City. These could include the required public hearings needed to adopt the TCEA application including meetings at County Land Use Advisory Board, County Commission, and relevant City advisory boards and City Commission. Review comments received during agency meetings will be evaluated to determine if updates of the preliminary TCEA justification reports are required prior to transmittal to the Department of Community Affairs (DCA). Up to two (2) updates of the TCEA justification report (assuming no significant modifications to agreed methodology) are envisioned under Task 3. Task 4 - TCEA Mitigation Strategies As part of the TCEA Justification Report, KHA will refine specific mitigation strategies to alleviate the potential impacts of concurrency issues within the study area. The TCEA mitigation plan will include recommendations addressing the following multimodal transportation strategies: · Potential geometric design improvements to both roadway and intersection locations that will increase capacity and improve traffic operations within the study area. · Recommendations for neo-tradifional design options, as well as feasible traffic calming measures throughout the study area. Transit Circulator Plan, Bikeway Plan, and a Pedestrian Network Plan. · Potential land use intensity modifications, land use phasing plan, or mixed-use intensity ratio limitations. · Transit Oriented Design (TOD) Recommendationsl · Transportation Demand Management/Transportation Demand Initiative (TDM/TDI) alternatives. Kimley-Horn ~. ~]~ Sus¢,-~a,~, No'~¢~b~ ~4, ~oo3, ~s¢5 and Associates, Inc. Illustrative graphics utilizing available software will be prepared to summarize the recommended plans. Mitigation strategies will be prepared in draft format for review by City staff prior to submittal to Palm Beach County or DCA. Task 5 - TCEA Comprehensive Plan Amendments KHA w. ill incorporate the proposed strategies and recommendations for transportation operations within and around the TCEA in the Traffic Element of the City of Boynton Beach Comprehensive Plan. In this task, we will work with the City to develop a set of mutually supportive Goals, Objectives and Policies (Co-OP' s) to guide transportation decision-making related to the implementation of the TCEA in the City. Even though we understand that the City intends to make a substantial modification to the current Traffic Circulation Element, we will review the current element for purposes of identifying any useful portions to carry forward into the updated element or reconm~nd modifications to existing language. GOP's will be developed to address the following matters: Project priorities Funding allocations Potential funding sources Land use patterns Multi-modal approaches Parking provisions Roadway safety Level of service - Typical sections for City streets - Amenities for transportation users - Neighborhood planning - Traffic calming - Street aesthetics A draft version of the Transportation Element as modified to incorporate TCEA goals, objectives, and policies will be submitted to City of Boynton Beach CRA staff prior to transmittal to Palm Beach County or DCA. Task 6 - TCEA Transmittal Package The finalized traffic analyses, mitigation strategy plan, and updated Transportation Element will be compiled for transmittal to DCA. KHA will attend Transmittal Hearings for the City and County as needed to transmit the TCEA package to DCA. Up to fifteen (15) copies of the transmittal document will be prepared for submittal to DCA. ~]l~ Kimley-Horn M~. DaleSugennan, November24, 2003, Page6of8 and Associates, Inc. Task 7 - ORC Response Package After transmittal to DCA, a 60-day review window begins for DCA to review the transmittal document, coordinate input from other agencies and offer its Objections, Recommendations, and Comments (ORC) report related to the traffic analyses and Transportation Element updates. KHA will review the ORC report prepared by DCA and prepare a written ORC response. Significant changes in TCEA methodology or previously agreed upon goals, objectives, and policies of the Transportation Element will be discussed with CRA, City and County staff prior to ORC response. Due to the uncertain nature of the extent of DCA's ORC comments, the magnitude of effort to appropriately address them is unknown. We will prepare for and attend Palm Beach County's final adoption hearing to formally approve the TCEA within the designated CRA area. TASKS NOT INCLUDED There are additional efforts that may be needed to be pursued by the City but have not been included in the core scope for development and adoption of the TCEA and RAC. These efforts include: Regional Activity Center (RAC) Application · Vacant land inventory · GIS data compilation · Additional traffic analysis or modeling Attendance at additional meetings beyond those identified above · Additional meetings with DCA · Traffic/system inventory data not made available by the City, County, or FDOT · Update of Future Land Use Map (FLUM) o Comprehensive Plan Impacts to Elements other than the Transportation Element o Consistency of FLUM with CRA Redevelopment Plan · Other Additional Services not described herein SCHEDULE We will provide our services as expeditiously as practical to meet a mutually agreed upon schedule. It is our understanding that the City of Boynton Beach has already filed their TCEA application for Palm Beach County' s Round 1 schedule for 2004 for comprehensive plan amendment related to the TCEA. Kimley-Horn ~. Dale Sugerman, November 24, 2003, Page 7 of 8 and Associates, Inc. FEE We will perform the services outlined in Tasks 1 through 4 for a lump sum fee of $56,000 as follows: Task 1 - TCEA Definition and Justification $6,000 Task 2- TCEA Analysis $25,000 Task 3- Agency Meetings and Coordination $7,000 Task 4- TCEA Mitigation Strategies $18,000 Based on the preliminary nature of the requirements of the TCEA Application the following fee estimates are offered for the remaining tasks to be performed on an hourly rate basis: Task 5 - TCEA Comprehensive Plan Amendments $18,000 Task 6 - TCEA Transmittal Package $10,000 Task 7 - ORC Response Package $20,000 All permitting, application, and similar project fees will be paid directly by the Client. and Associates, Inc. CLOSURE In addition to the matters set forth herein, our agreement shall include and be subject to, and only to, the terms and conditions of the Continuing Consnlting Services Agreement. The term "the Consultant" shall refer to Kimley-Horn and Associates, Inc. and the term "the Client" shall refer to: City of Boynton Beach. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us for our files. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. Kimley-Hom appreciates the opportunity to serve the City of Boynton Beach. Please contact Jason Matson or Fred Schwartz if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Associate Regional Business Manager FWS:jbm The City of Boynton Beach By: (Print or Type Name) Title: (As Authorized by Law) , Wimess (Print or Type Name) Official Seal: P:~85294klB/vI~BoyntonCRA'~BBCRATCEA_I 12403.doc VI.-CONSENT AGENDA ITEM E.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR w Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March I, 2004 (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 December 16, 2003 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved, subject to review by staffand applicant for opportunity for additional parking spaces along internal entrance drive/aisle. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-290. EXPLANATION: PROJECT: City Library (MSPM 03-011) AGENT: Choli Lightfoot, SchenkelShultz Architecture OWNER: City of Boynton Beach LOCATION: 208 South Seacrest Boulevard DESCRIPTION: Request for a Major Site Plan Modification for a 35,166 square foot addition to the existing library building in the Public Use (PU) zoning district. PROGRAM IMPACT: FISCAL IMPACT: ~ j ALTERNATIVES~/, 0 ~ ,~ / ~ DeveloPt~t~e~ la~nt'~[rec~-~r I City Manager's Signature 'Plannqn~ a~d-Zonjt~'~[ctor City Attorney / Finance / Human Resomces S:\Planning\SHARED\WP\PROJECTS\City LibraryWISPM 03-01 lkAgenda Item Request City Library MSPM 03-011 12-16-03.dot S:~BULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONTNG DI'V]:S:[ON MEMORANDUM NO. PZ 03-290 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee .Johnson, AICP ~ Planner DATE: December 3, 2003 PRO.]ECT NAME/NO: City Library / MSPM 03-011 REQUEST: Major Site Plan Modification PRO3ECT DE$CR~P'ITON Property Owner: City of Boynton Beach Applicant: Ms. Virginia Farace, Library Director Agent: Ms. Choli R. Ughtfoot with Schenkel Shultz Architecture Location: 208 South Seacrest Boulevard (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Public & Private Governmental / Institutional (PPG1) / Public Use (PU) Proposed Land Use/Zoning: No change Proposed Use: Request for major site plan modification approval to construct a 35,166 square foot addition to the existing 27,698 square foot City Ubrary building, increasing the total area. to 62,864 square feet on a 4.92-acre parcel in the PU zoning district Acreage: 4.92 acres (214,413 square feet) Adjacent Uses: North: The City of Boynton Beach Civic Center, then farther north is the right-of-way for Ocean Avenue; South: Right-of-way for Southeast 2nd Avenue, then farther south is a mix of developed single-family homes with a Medium Density Residential (MEDR) land use designation, zoned Multi-family Residential (R-2); Staff Report - City Library Expansion (MSPM 03-011) Memorandum No PZ 03-290 Page 2 East: City of Boynton Beach Arts Center with a PPG! land use designation, zoned PU, then farther east is the City of Boynton Beach Senior Center with a PPG! land use designation, zoned PU; and West: Right-of-way for Seacrest Boulevard, then farther west is a mix of single-family and multi-family homes with a High Density Residential (HDR) land use designation, zoned Multi-family Residential (R-3). Site Characteristic: The site plan (sheet A002) shows that the subject parcel is comprised of several lots, which form a "municipal complex". The topographical surveys show that the property boundary includes a two (2) story residential building to the east of the Civic Center. At the time of permitting, the topographical surveys would have to be modified to accurately reflect city-owned lands (see Exhibit "C" - Conditions of Approval). According to the surveys, the subject site is developed with several municipal buildings, including the Civic Center, City Ubrary, and shuffleboard courts. The survey also shows that there are two (2) large Banyan trees in the vicinity of the library building. According to the topographical survey, the highest elevation is 19.19 feet above sea level, located near the front entrance of the library building. Parking lots and catch basins are located throughout the munidpal complex. For all intents and purposes, the municipal complex is comprised of multiple lots totaling 4.92 acres, excluding City Hall and the Police Station. BACKGROUND Proposal: Ms. Choli Ughtfoot, agent, is requesting a major site plan modification to construct a 35,166 square foot addition to the existing 27,698 square foot library building. The existing library building is one (1) story tall while the proposed building addition would be two (2) stories. The new construction would allow the expansion of various sections within the library building that are currently cramped for space (i.e. reference, adult reference, computer areas, program rooms). As proposed, this request for major site plan modification is contingent upon the approval of the accompanying request for height exception (HTEX 03-007). ANALYSZ$ Concurrency: Traffic: The proposed expansion requires certification from the Palm Beach County Traffic Division that the project meets the 'l'rafflc Performance Standards ('i'PS) of Palm Beach County. No traffic study has been submitted. The Traffic Division must review and approve a traffic impact statement prior to the issuance of any building permits (see Exhibit"C"- Conditions of Approval). Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C' - Conditions of Approval).' Staff Report - City Library Expansion (MSPM 03-011 ) Memorandum No PZ 03-290 Page 3 School: School concurrency is not required for this type of project. Driveways: The site plan (sheet A002) shows two (2) exisUng points of access. One (1) point of ingress / egress is located via Southeast ist Avenue. A note on the current Sawyers Addition to the Town of Boynton Beach plat indicates that Southeast 1~t Avenue (.]essamine Street) was abandoned per O.R.B. 4127, page 1639. This note should be shown as a note on the site plan (see Exhibit "C" - Conditions of Approval). The other existing point of ingress / egress is from Southeast 2"a Avenue. The existing driveway along Seacrest 8oulevard would be relocated farther north approximately 96 feet south of East Ocean Avenue. The IocaUon of the driveway opening would require the approval of a variance because it is less than the 120 feet required by code (see Exhibit"C"- Conditions of Approval). The driveway opening, as proposed, would allow for both vehicular ingress and egress to the proposed parking lot. Parking Facility: Two (2) new parking lots are proposed as a result of this proposed library expansion. The site plan (sheet A002) shows that one (1) new parking lot is proposed directly north of the building addiUon and the other new lot is proposed due east of the addition. The proposed lot to the north would connect to the porte- cochere of the Civic Center. Staff endorses this"connecUvity" design characteristic. Although no typical drawing was provided, the 90-degree parking stalls, excluding the handicap spaces, would be dimensioned nine (9) feet in width and 18 feet in length. All existing and proposed parking stalls, including the size and location of the handicap space were reviewed and approved by both the Engineering Division and Building Division. The new parking areas to the north and east would provide 76 spaces. The survey does not show the existing spaces so it is unclear the number of spaces to be eliminated. However, this project is considered to be an expansion of the library, which resides in a "municipal complex': This municipal complex concept is very critical to the project and is discussed in the Shared Parking Analysis paragraph below. According to the Land Development RegulaUons, required parking for a library would be based on the raUo of one (1) parking space per 300 square feet of gross floor area. However, based on the raUo, a total of 118 parking spaces would be required for the just the library use. It is difficult to assign existing parking areas for each use (i.e. Library, Civic Center, Art Center) since there is a free-flow of vehicular traffic movements between parking areas within the campus-like setting. Therefore, determining the deficiency of parking for the library itself is not straight foward. As indicated in the site plan tabular data, the Civic Center would require 98 parking spaces, the Art Center would require 60 spaces, and the Madsen Recreation Center would require 10 spaces. In all, the municipal complex with the existing and proposed library expansion requires a total of 378 parking spaces (see Exhibit"C"- CondiUons of Approval). The site plan tabular data also indicates that a proposed second floor addition to the Art Center would require an addiUonal 61 spaces. This addiUon is not a component of this major site plan modificaUon or Shared Parking Analysis. The future Art Center second floor addiUon would require separate review and approval. Staff Report - City Library Expansion (MSPM 03-011) Memorandum No PZ 03-290 Page 4 A Shared Parking Analysis was conducted by staff based on the methodology developed by the Urban Land [nstitute (ULI) (see Exhibit "D" - Shared Parking Analysis). By following the ULYs methodology, the analysis was based on the presumption that the available on-site parking is shared throughout the"munidpal complex" site. The municipal complex currently consists of four (4) uses, namely the Ubrary, Civic Center, Art Center, and Madsen Center. City Hall and the Police Station were not included in the Analysis. According to the Analysis, the four (4) uses have been and would continue sharing total parking resources. As previously mentioned, the Land Development Regulations require the project to provide 378 parking spaces. However, according to Chapter 2, Section 11.H.13 of the Land Development Regulations, parking may be allocated in part or in whole for the required parking space of another use or structure if quantitative evidence is provided showing that parking demand for the different uses or structures would occur on different days of the week or at different hours. By using Ul_t's methodology, staff observes that the "accumulated peak day / peak hour parking utilization was determined to be 202 parking spaces". Since the Cede requires a minimum buffer of 10%, the total required parking spaces for the municipal complex would therefore be 223 spaces rather than 378 spaces. Staff conducted a site visit and the inventory resulted in 262 existing parking spaces. However, a~er the proposed expansion, the number of parking spaces would be reduced from 262 spaces to 253 parking spaces, which would still result in a net surplus of 30 parking spaces. In summary, the Analysis indicates that the parking supply provided on site is expected to adequately accommodate the parking demand with the proposed plan of development. It should be noted that this Analysis does not account for the specific location of the available parking spaces. However, the Library, Civic Center, Art Center, and Madsen Recreation Center are not clustered together and are randomly dispersed throughout the site. This characteristic would help alleviate a dearth of parking in any given area. This Analysis is subject to review and approval of the Community Redevelopment Agency Board and City Commission (see Exhibit "C" - Conditions of Approval). Landscaping: The site plan tabular data indicates that the proposed open space or "pervious" area would be 52,132 square feet or 24% of the municipal complex. A landscape buffer, seven (7) feet in width is required along Seacrest Boulevard. This front (west) landscape buffer along Seacrest Boulevard would contain three (3) Sabal palm and Dahoon Holly each and two (2) Orange Geiger trees. A signature tree is required at each side of this project entrance (see Exhibit "C" - Conditions of Approval). The west landscape buffer would also contain Wax.Jasmine, Viburnum, Redtip Cocoplum, Dwarf Rrebush, Crown of Thorns, and Thyrallis. Prior to the issuance of a building permit, staff would ensure that the proposed plant material would effectively screen / buffer the vehicular use areas and thereby meet the intent of Chapter 7.5, Article ];I, Section 5.D. of the Land Development Regulations. A Typical Parking Area Planting Detail (shown on L101) illustrates compliance with this requirement. The landscape buffer adjacent, to Ocean Avenue would contain two (2) of the Staff Report - City Library Expansion (MSPM 03-011 ) Memorandum No PZ 03-290 Page 5 existing Banyan trees. The landscape plan (L101) illustrates the canopy of these trees by showing them as dashed circular lines. The north buffer would also contain Croton, Variegated Dwarf Schefflera, and Wax Jasmine. At the time of permitting, any deficiencies with the plan, including the proposed number of trees and shrubs along the rights-of-way would be reviewed again to ensure compliance with the code's intent to screen and soften vehicular use areas (i.e. parking lots, drive aisles) from the roadways. Again, the landscape plan shows compliance with the code's intent by showing the Typical Parking Area Planting Detail (see Exhibit "C"- Conditions of Approval). The interior planting areas around the building would be similar to the plant material proposed throughout the plan. The proposed shrubs and groundcover would include but not be limited to the following species: Crinum Lily, Green Buttonwood, Redtip Cocoplum, Croton, Thryallis, Gardenia, Dwarf Firebush, Hibiscus, [xora Nora Grant, Plumbago, Dwarf Wild Coffee, Red Cloak, Philodendron, Viburnum, Dwarf Variegated Ginger, Crown of Thorns, Dwarf Yaupon, and Wax ,3asmine. The plant list does not indicate the proposed plant quantities thereby preventing confirmation that 50% of the proposed plant material would be native. Therefore, at the time of permitting, a revised landscape plan plant list is required to ensure compliance with Chapter 7.5, Article II, Section 5.P. of the Land Development Regulations. The plans should provide the overall percentage of native plant material by the following categories: canopy trees, palm trees, shrubs, and groundcovers to ensure compliance with this code requirement. Staff recommends using an asterisk to identify the native plant material (see Exhibit"C" - Conditions of Approval). According to the landscape plan, there are 10 "invasive or poor quality" trees that are to be removed as a result of this expansion. These trees would include a Woman's Tongue, a Royal Palm, an Avocado, a Schefflera, a Frangipani, two (2) Banyans, and three (3) Mahogany trees. There are nine (9) trees that would be relocated On-site. Additionally, seven (7) (~ueen and one (1) Royal palm trees would be relocated off-site. Building and Site: The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. The existing library building is 27,698 square feet. The proposed two (2)-story addition would be 35,166 square feet for a total of 62,86~ square feet. The site would have a new outdoor garden area as proposed on the west side of the building facing Seacrest Boulevard. The site plan also shows that a "chiller area" is proposed on the west side of the building. However, hedges would screen this mechanical equipment area. A porte-cochere is proposed on the east side of the building addition, near the front doors. The floor plan (sheet A003) shows that the proposed addition would be 103 feet - three (3) inches in length by 126 feet - four (4) inches in depth. The first floor plan also shows that the expansion would have separate rooms, such as for adult fiction, program room, community area, and a lobby area. Floor plan sheet A004 shows that the entire second floor would be dedicated to non-fiction reference. However, these floor plans are conceptual and are subject to change. Staff Report - City Library Expansion (MSPM 03-011) Memorandum No PZ 03-290 Page 6 Design: According to the elevations (sheet A005), the addition to the City Library is proposed at 40 feet- four (4) inches in height, except for the new decorative entry (Atrium Tower) which would have a height of 53 feet - eight (8) inches. The building itself would meet the height limitation (45 feet) of the PU zoning district, However, the decorative tower would exceed the height restriction by nearly nine (9) feet. Therefore, approval of this project is contingent upon the approval of the accompanying request for height exception (see Exhibit "C" - Conditions of Approval). The elevations show the proposed Sherwin Williams colors would be the following: #SW6681 - Butter Cup, #SW2859, Beige, and #SW6327- Bold Brick. The roof would be standing seam metal and the gutters and downspouts would be metal painted gray. Signage.' The elevations show that a 49 square foot "Boynton Beach City Ubrary" sign is proposed along the west building la,de. Another wall sign is proposed on the east building fa~;ade. This sign, which also reads, "Boynton Beach City Ubrary" would be 77 square feet in area. Both signs would comply with code. RECOMr4ENDA'r~ON: The Technical Review Committee (TRC) has reviewed this request for major site plan modification and is recommending approval contingent upon the approval of the accompanying request for Height Exception (HTEX 03-007) and satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the CRA Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PRO.IECTS\City Ubrary\MSPM 03-011\Staff Report. doc AVE SE 4TI~. AVE SE. 4T~;A~ Location Map City of Boynton Beach Library EXHIBIT "A" EXHIBIT "B" ~.; I~!' i ,l~ II i i , i ~"ii~"'riii .... '. I~ :l: I' "" I I F I ~i ''' ' '; ' -~ - I_: .... L,' II- ' FUR THE CITY DF 9UYNTBN ~EACH '"" EXHIBIT "B" "'- EXHIBIT "B" FOR Tile ~l~l~;ll:l ~ I:l,~l~¥, INO. CITY OF BOYNTON BEACH EXHIBIT "B" i ~1 I!~11 !11, .i I fl l !,!, ~llI I Ii ~ 1 ! ! !1 ' I !1 li]l. il ! ! ~"~ '- L ~ i,~ ~,,' ] /'., , · ~ ,. ~: k~ ~- :. ~ ~ i Iii EXHIBIT "B" EXHIBIT "B" E~ EXHIBIT "B" EXHIBIT "B" l, I~P'l ":: ~ ':{"l "l': [i-': :{I , Ill Ill It ~[ { [: = l] ~1 ~~~ =: , c : I~1 ~o ~1~ = I -- l~ [ ~~ e'llu I ~ ~ ~ EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: City Library File number: MSPM 03-011 Reference: 2~a review plans identified as a Major Site Plan Modification with an November 13, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Provide a Traffic Analysis and Notice of Concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic Engineering. 2. The fire lane signage and markings shall conform to LDR Chapter 23, Article X II, Sections B. & M. The 3-foot high "Fire Lane" words shall be placed along both lanes and staggered. Please note this requirement is applicable to buildings with a gross area greater than 15,000 SF. 3. Parking lot driveways shall be a minimum width of 25 feet (LDR, Chapter 23, X Article II, Section H. 1). Adjust all new driveway widths to meet this criteria. 4. Parking lot driveways shall be placed a minimum of 120 feet from the X intersection of right-of-way lines along arterial roadways. Staff will consider allowing the proposed placement of the major driveway onto Seacrest Boulevard if it is shown as "right-in, fight-out" only. As proposed, its location would require approval of a variance for being proposed less than 120 feet away from the intersection of the right-of-way lines. 5. Provide an area for bicycle parking and provide bicycle racks. X ENGINEERING DIVISION Comments: 6. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 7. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 8. Show zoning and land use on site characteristics map (Survey) (LDR, X Chapter 4, Section 7.A.) COA 12/05/03 2 DEPARTMENTS INCLUDE REJECT 9. Show all existing utilities on site development plan (LDR, Chapter 4, Section X 7.A.3). Please note it is your responsibility to locate utilities during the design, not the contractor's. 10. Show proposed site lighting on the Site and Landscape plans (Chapter 4, X Section 7.B.4.). 11. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 12. Indicate by note that catch basin and manhole covers shall be bicycle proof X (LDR, Chapter 6, Article W, Section 5.A.2.g). 13. Provide additional elevations for existing features adjacent to the west side of X the Civic Center. 14. Indicate overflow point for system/site for drainage. X 15. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 16. 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 the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 17. All utility easements shall be shown on the site plan and landscaping X drawings (as well as the Water and Sewer Plan Sheet) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. X 18. Palm Beach County Health Department permits will be required for the water and sewer systems serving this project (CODE, Section 26-12). COA 12/05/03 3 DEPARTMENTS INCLUDE REJECT 19. Provide fire flow calculations demonstrating the City Code requirement of X 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). This information will be used to determine if the proposed size of 6 in. main is adequate for fire protection. 20. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 21. Comprehensive Plan Policy 3.C.3.4. requires the conservation of 'potable X water. As other sources are readily available City water shall not be allowed for irrigation. 22. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 23. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy 24. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 25. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 26. Design documents shall demonstrate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. Hydrants in commercial applications shall be no more than 300 feet apart and the remotest part of any structure shall be no more than 200 feet from a hydrant. Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. COA 12/05/03 4 DEPARTMENTS INCLUDE REJECT 27. Prior to Fire Department approval of a building permit, new construction X projects must provide the results of a hydrant flow test indicating a fire flow not less than 1500 gpm ~ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 feet of the facility. 28. Provide scale for drawing C2. X 29. State whether the hydrant shown on drawing C2 is existing or proposed. X 30. 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. 31. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire X sprinkler systems throughout the all buildings or structures in excess of 30 feet in height as measured from finish ground floor grade to the underside of the topmost roof assembly; and all buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. POLICE Comments: None X BUILDING DIVISION Comments: 32. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 33. General area modifications to buildings shall be in accordance with 2001 X FBC, Sections 503.3, 503.3.2, and 503.3.3. Provide calculations verifying compliance with the above code sections and 2001 FBC, Table 500. 34. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 35. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psi') on the plans for the building design. COA 12/05/03 5 DEPARTMENTS INCLUDE REJECT 36. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 37. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for thc building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: a) From the FIRIVI map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 38. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 39. A water-use permit from SFVv~VID is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 40. Provide dimensions of the accessible toilet rooms and toilet stalls on the floor X plan. The size of the accessible toilet rooms and accessible stalls shall comply with 2001 FBC, Section 11-4.17.3 and 11-4.16. 41. Exterior walls of enclosed stairways shall comply with the requirements of X 2001 FBC, Table 600 for exterior walls and 2001 FBC, Section 1006.1.3.2. 42. Approved fire windows, doors, shutters, etc. shall comply with NFPA 80, X NFPA 252, and NFPA 257 per 2001 FBC, Section 705.1.3. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 43. Approval of this project is contingent upon the approval of the accompanying X request for the height exception (HTEX 03-007). Please reference this height exception application in the site plan (sheet A001) tabular data COA 12/05/03 6 DEPARTMENTS INCLUDE REJECT 44. The topographical surveys shows that two (2) condominium buildings are X within the subject property's boundary lines. At the time of permitting, resubmit a survey that shows all corrected and verified property boundaries. A note on the current Sawyer's Addition to the Town of Boynton Beach plat indicates that Southeast 1st Avenue (Jessamine Street) was abandoned per O.R.B. 4127, page 1639. This should be shown on the site plan (sheet A002). 45. The parking summary in the site plan tabular data (sheet A002) should be X corrected to indicate that 118 parking spaces, not 117 spaces would be required for the library expansion. Also, the entire project's total required parking spaces should indicate 378 spaces, rather than 377 spaces. 46. The Community Redevelopment Agency Board and City Commission must X approve the shared parking analysis. 47. The Palm Beach County Traffic Division must approve a traffic impact X statement prior to the issuance of a building permit (Chapter 4. Section 8.F.). 48. On the landscape plan, indicate the quantities of each proposed plant species. X On the landscape plan plant list, ensure that the plant quantities match between the tabular data and the graphic illustration. 49. A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or X Bouganvillea) is required at both sides of each project entrance / exit. The signature trees must have six (6) feet of clear trunk if placed within the safe- sight triangle (Chapter 7.5, Article 2, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Forester / Environmentalist review and approval. 50. Prior to the issuance of a building permit, staff would ensure that the X proposed plant material would effectively screen / buffer the vehicular use areas and thereby meet the intent of Chapter 7.5, Article II, Section 5.D. of the Land Development Regulations. This screening should also embrace the concepts of Crime Prevention through Environmental Design. The City Forester / Environmentalist will oversee this process. 51. One (1) tree is required for every 30 linear feet along Seacreast Boulevard X and Ocean Avenue (Chapter 7.5, Article II, Section 5.D.). At the time of permitting, staff will ensure that this requirement has been met. 52. The west elevations (sheet A005) should show the proposed "chiller" area. X 53. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). On the landscape plan (sheet L101), COA 12/10/03 7 DEPARTMENTS INCLUDE REJECT provide the overall percentage of native plan material by the following categories: canopy trees, palm trees, shrubs, and groundcover to ensure compliance with this code requirement. Staff recommends using an asterisk to identify the native plant material. 54. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 55. The elevation drawings indicate the proposed colors but not the location of X each color (on the building). Please update the elevations prior to the issuance of a building permit. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 56. Staff and applicant review plans for ability for added parking spaces along X entrance drive. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 57. To be determined. UWl elj S:\Planning\SHARED\WP\PROJECTS\City Library~MSPM 03~01 l\COA.doc EXHIBIT "D" ? · SHARED PARKING ANALYSIS The parking inventory and the preliminary parking analysis for the library expansion submitted to P&Z for the subject site plan was based on the premise that the four uses, the library, the Civic Center, the Art Center and the Madsen Center, have been and will continue sharing total parking resources. Both the proximity of the parking lots for the said uses and the established practice support this premise. However, it is clear that if the standard use-based parking ratios are applied, a significant deficiency results both in terms of current and proposed number of spaces. The total requirement (defined as above) calls for 378 total parking spaces: the current inventory shows 262 existing spaces which would be reduced to 253 spaces by the proposed expansion. Alternatively, the Code allows for the calculation of the parking requirements for two or · more uses based on sharing of parking resources, if justified by the analysis of the actual parking demand patterns exhibited by each use (chapter 2, Sec. 11H13). Such analysis is based, on the Urban Land Institute shared parking model; it must show that the joint parking allocation is feasible and acceptable given the different days and/or hours of the peak parking demand for different uses. Ultimately, the decision regarding approval of shared parking rests with the City Commission. Staff has performed the shared parking analysis, using the parking demand surveys submitted for the uses. The accumulated peak day/peak hour parking utilization was determined to be 202 spaces. Since the Code mandates a minimum buffer of 10%, the requirement would be 223 spaces. The number of proposed spaces is 253, providing an additional buffer of 30 spaces. The total surplus of 51 spaces (30 spaces and a 10% buffer) may, to some extent, accommodate the following: · the seasonal variation (which is uncertain), · spillovers from the city's parking lots located north of the study area (the analysis was performed without accounting for the utilization patterns of these lots), · special events, and · the planned expansion of the Art Center (additional 6,002 sq ft). The expansion of the Art Center will likely necessitate construction of additional parking on the lot located east of the Civic Center. G:~Library parkingXLibrary parking memo.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: City Of Boynton Beach Library APPLICANT'S AGENT: Ms. Choli Lightfoot - Schenkel Schultz Architecture APPLICANT'S ADDRESS: 1300 North Congress Avenue West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 16, 2003 TYPE OF RELIEF SOUGHT: Request major site plan modification to construct a two (2)-story 35,166 square foot addition to the existing library for a total of 62,864 square feet. LOCATION OF PROPERTY: 208 South Seacrest Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MA'I-rER 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\City Library\MSPM 03-011\DO.doc VL-CONSENT AGENDA ITEM E.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FO v, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (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 December 16, 2003 City Commission Agenda under Consent Agenda. The Community Development 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 03-289. EXPLANATION: PROJECT: City Library (HTEX 03-007) AGENT: Choli Lighffoot, SchenkelShultz Architecture OWNER: City of Boynton Beach LOCATION: 208 South Seacrest Boulevard DESCRIPTION: Request for a height exception to allow the atrium tower feature of the library to exceed the allowable 45-foot height limit by approximately nine (9) feet. PROGRAM IMPACT: FISCAL IMPACT: ~] ALTERNATIVES:/.~g'/ Development~l~qgJr~ent Director ' ~9 City Manager's Signatu~/ '~ Planning~a~d-Zo~ector City Attorney / Finance / Human Resources SSPIanning\SHARED\WP~PROJECTS[City LibraryXI-ITEX 03-007~Agenda Item Request City Library HTEX 03-007 12-16-03.dot S:XBULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-289 TO: Chairman and Members Community Redevelopment Agency THRU: Michael Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: December 2, 2003 PRO3ECT: City Ubrary / HTEX 03-007 REQUEST: Height Exception PRO3ECT DE$CRI:P11:ON Property Owner: City of Boynton Beach Applicant: Ms. Virginia Farace, Library Director Agent: Ms. Choli Ughtfoot, Schenekel Schultz Architecture LocaUon: 208 South Seacrest Boulevard (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Public & Private Governmental/InstituUonal (PPGI) / Public Use (PU) Proposed Land Use/Zoning: No change proposed Proposed Use: A 35,166 square foot expansion of the existing 27,698 square foot City Ubrary. Acreage: 214,413 square feet (4.92 acres) Adjacent Uses: North: The City's Civic Center, then farther north right-of-way for Ocean Avenue; South: Right-of-way for SE 2nd Avenue, then farther south a mix of developed residential structures with a Medium Density ResidenUal (MEDR) land use designaUon, zoned Duplex (R-2); East: The City's Arts Center, then farther east the City's Senior Center; and West: Right-of-way for Seacreast Boulevard, then farther west a mix of developed residenUal structures with a High Density ResidenUai (HDR) land use designation, zoned Multi Family (R-3). Page 2 Memorandum No. PZ 03-289 BACKGROUND The applicant, Ms. Virginia Farace, Library Director, submitted a Major Site Plan Modification application for the proposed 35,166 square foot expansion of the existing 27,698 square foot City Library. The new construction would allow the expansion of various sections within the library that are currently cramped for space (ie. youth reference, adult reference, computer areas, program rooms, etc.). This application for a height exception accompanies the request for Major Site Plan Modification (MSPM 03-011). The subject property is part of the municipal complex located between Boynton Beach Boulevard and SE 2nd Avenue, and between Seacrest Boulevard and SE 1~t Street (see Exhibit "A" - Location Map). The maximum building height in the Public Use (PU) zoning district is 45 feet. The elevation (see Exhibit "B" - sheets A005-A006) shows that the addition would be designed as a two (2) story structure and that the typical height would be 40 feet - four (4) inches. The decorative entrance (Atrium Tower) however, would have a height of 53 feet - eight (8) inches, which would require approval as a height exception. ANALYSTS Except for within the Central Business District (CBD), Mixed-Use Low (MU-L), and Mixed-Use High (MU-H) zoning districts, the dtywide maximum building height is 45 feet. According to Chapter 2, Section 4.F.1 of the Land Development Regulations, no portion of any structure intended to be utilized for residential, commercial, or industrial purposes within the municipal limits of the City of Boynton Beach, Florida, shall exceed the height of 45 feet. The maximum building height in the Public Use (PU) zoning district is also designated at 45 feet. The Land Development Regulations, Chapter 2, Zoning, Section 4. F.3, Height Umitations and Exceptions, states that in considering an application for an 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. Places of assembly, church spires, domes, decorative cupolas and similar type structures are architectural elements that are eligible to be considered for height exceptions. According to the elevations (see Exhibit "B" - sheets A005-A006), the addition to the City Library is proposed at 40 feet - four (4) inches in height, except for the new decorative entry (Atrium Tower), which will have a height of 53 feet - eight (8) inches. In other words, the building is actually proposed to be four (4) feet - eight (8) inches below the maximum building height allowed in the Public Use (PU) zoning district. However, the height of the decorative entry is proposed at 53 feet - eight (8) inches, or 8 feet - eight (8) inches above the maximum allowed in the zoning district. Staff determined that the project meets the intent of all criteria itemized in Chapter 2, Section 4.F.3. The decorative entry (Atrium Tower) provides a focal point for the entrance to this important civic structure as well as an attractive feature to help interrupt the great expanse of roofline, while representing only a small portion of the entire roofline. The site plan (see Exhibit "B" - sheet A002) show that the Atrium Tower would be approximately 140 feet away from the west property line and further separated from the closest residentially-zoned property by Seacrest 8oulevard. Therefore, the Atrium Tower would not negatively impact adjacent properties in terms of reducing light or air. The properties to the north and east are city-owned. Granting of this height exception does not constitute a spedal privilege to the current property owner. Staff feels that the decorative entry feature would enhance the overall project dynamic and its exclusion would be detrimental to the design. Page 3 Memorandum No, PZ 03-289 RECOI~IMENDA'I'~ON Based on the analysis contained herein, staff recommends that this request for a height exception of approximately nine (9) feet be approved for the decorative entry (Atrium Tower). No conditions of approval are recommended; however, any conditions of approval recommended by the CRA or required by the City Commission will be placed in Exhibit "C" - Conditions of Approval. S:~=tanning~Shared~Wp~Pmjects\City Ubra~j~lTEX 03-007~Staff Report.doc 1 in. = 200.0 feet ..... AV~' Location Map City of Boynton Beach Library EXHIBIT "A" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: City Library Expansion File number: HTEX 03-007 Reference: Height Exception Request 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 PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. s:~PlanningXPlanning Templates\Condition of Approval/City Library Expansion HTEX 03-007.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: City Of Boynton Beach Library APPLICANT'S AGENT: Choli Lightfoot - SchenkelShultz APPLICANT'S ADDRESS: 1300 N. Congress Avenue, West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 16, 2003 TYPE OF RELIEF SOUGHT: Request for a height exception to allow the atrium tower feature of the library to exceed the allowable 45-foot height limit by approximately nine (9) feet. LOCATION OF PROPERTY: 208 S. Seacrest Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda 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 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:~'Ianning\SHARED\WP~ROJECTS\City Library\HTEX 03-007~DO.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM F. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December I, 2003 (Ngon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (N~ [] January20,2004 January 5, 2004 (Noon) [] March l6, 2004 Marchl, 2004(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: Release of a cash bond of $3,300.00 to B & M Construction Company, Inc. for the project known as Mobil on the Run. EXPLANATION: On July 29, 2003, the Building Division sent to the Finance Department a cash bond of $3,300.00 for the completion of the permitted work for the project known as Mobil on the Run located at 2605 Woolbright Road. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None City"'l~lanager's Signature '~l~a~,~ Byn~ ~ss-ilt~nt Development Director Development Department ~ ~ Department Name City Attorney (Finance / ]~urnan Resources S:\BULLETIN~O~S~GENDA ITEM REQUEST FORM.DOC I'B MI B & M CONSTRUCTION COMPANY, INC. 1412 S,W. 34th AVE. Office: (954) 427-4886 CONSTRUCTION DEERFIELD BEACH, FL 33442 Office: (954) 360-7062 FAX: (954) 360-9229 November 24' 2003 B o ..O.B ~ 00 fiast Boynton Boach Boulovard Boynton Boach, Florida 33425-03~ 0 ~: Don Johnson ~uildin~ Official REF: ExxonMobil #11193 2605 SW 15th Avenue Boynton Beach, FL 33436 Dear Mr. JOhnson: The B&M Construction Company, Inc. would like to request a refund for the bond for outstanding items that were not complete when the temporary Certificate of Occupancy was issued. All of the outstanding items have been completed, and a permanent Certificate of Occupancy has been issued. Please pay to the order of the B&M Construction Company, Inc., and mail it to our office at 1412 SW 34th Avenue, Deerfield Beach, FL 33442. if you have any questions, please call me at the office at (954) 427-4886 or on my mobile phone at (954) 520-8419. Sincerely, B&M CONSTRUCTION COMPANY, INC. Phillip A. Lee Vice President ~. EXHIBIT "A" CITY OF BOYNTON BEACH P.O. BOX 310 B0~TON BEACH ~L ~342~ 0 2- 0 1 0 1 CERTIFICATE OF OCCUPANCY PERMANENT Issue Date ...... 9/05/03 Parcel Number ..... 08-43-45-31-17-001-0020 Property Address . 2605 W WOOLBRIGHT RD BOYNTON BEACH FL 33436 Subdivision Name Legal Description . WOOLBRIGHT PLAZA ELY 200 FT OF TRACT A Property Zoning .... COMMUNITY COMMERCIAL Owner ......... MOBIL OIL CORP % PROP TAX DIV Contractor ...... B & M CONSTRUCTION CO., INC. 954 427-4886 Application number 02-00000191 000 000 Description of Work SERVICE STATION/ CONVENIENCE STORE Construction type TYPE IV/UNPROTECTED Occupancy type .... BUSINESS Flood Zone Special conditions MOBIL ON THE RUN FINISH FLOOR ELEV 14.78' IDENTIFIED ON THE FLOOD ELEVATION CERTIFICATE BASE FLOOD ZONE 13' FLOOD ZONE A-9 ~~/~~~d~ Approved ....... ~ uil ir~Official VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "B" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO, 03-156 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official ~ DATE: July 29, 2003 SUBJECT: CASH BOND - MOBIL ON THE RUN - 2605 W. WOOLBRIGHT RD. Attached is a check for $3,300.00 fi.om B & M Construction Co., Inc. This is a cash surety for the project known as Mobil on the Run and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letters from Peter L Van Rens, P.E. and check XC: Timothy K. Large, Building Code Administrator Permit File # 02-191 S:~)evelopment~BU1LDlNGhMemos~Cash Bonds - 2003\Cash Bond - Mobil on the Run 02-19 l.doc EXHIBIT "C" Bankof America. ~-Cashier's Check No. 2 9 21217 ~: .;' :~.'/5~* x ~ ~ ~';¥- ;~ :~ ;~'~'¥"C ~,'.~.'~ '.q. *'. '~ ~ ? '*' ," '¥' ' ' *~'*:':"'~*'"'* ** ':: " ~."-~::**-:::.9 .~;~*~: ~*.:~ *~:~: *:* '. '*~:':..,:::"*.~:'.-. * '~ ' '¥' ;~ ~: :::';' '?' "::: ~' ::'~ ~:q :::" *'""::*:: ::': '~' '~: "?"/' '?"'""":;:* ~:: ¢':~:* *:>*'">: "' *:: ~:: :; ::::'~?":':*' >":* ~:: ?:;: "::" ""'--':': .... ~ '.". '"'": '*>' ...... ' ..... " '~. :>: '.' ' -" ~ '~: '::' .... ' *-~ ~ *' ( ~0 .... . "' "'~q~g~i?,' ~:lINOOOOiq~: OOi.~NiOO~Og~,' :"' "" EXHIBIT "D" and Associates, Inc. July 26, 2003 047281001.2101 · Suite 400 City of Boynton Beach Building Department via Hand Delivery eol 21s~eet 100 East Boynton Beach Blvd. Veto Beach, Fb~da Boynton Beach, F1 33425-0310 3~o0 RE: TCO Items per 106.1.3 of Adminstrative Code Mobil on the Run, Boynton Beach - 2605 W. Woolbright Rd. Dear Sirs: This letter will address the outstanding items referenced in the 7/21/03 entry into the Paving Peimit Inspection Ticket for Final Certification of the above- referenced project. Below is a smmnm7 of the items with the current status. 1. Density reports on drainage/sewer and water - These will be provided by the Contractor. 2. As-Builts on Paving and Drainage - These have been submitted by the Contractor under separate cover. 3. Approval of Driveway Connection to Woolbright Road and Congress from PBC - Owen Miley of PBC has accepted the project with letters of commitment from the Engineer and Contractor for fmaliz/ng the striping (see attached letters). We are also submitting a surety per Section 106.1.3 of the Code under separate cover. 4. Approval of CS and drainage outfall ~ LWDD Canal (north side of property) - See the attached letter from LWDD along with a copy of the Engineer's letter of final certification. 5. Final Certification from Engineer of Record - See attached certification. We appreciate your assistance in this matter. Please contact me at 772-794-4073 with any questions, comments, or requests for additional information. Sincerely, ;RN AND ASSOCIATES, INC. Peter J. Van Rens, P.E. cc: Herman Steinberg Phil Lee Lucas Anthony EXHIBIT "E" TEL 772 ~o2 7981 FAX ~ ~ ~ G:~7.281001\WP\CORRESP~IdgDept072603.doc [[ ~ IV[ ~ & ~ c°~s~vCt"o~ co~.^~v. ,uc. 141;2 $.W. 34th AVE. Office: (g54) 427-4886 · CONSTRUCTION DEERFIELD BEACH, FL 33442 Office: (954) 360-7062. FAX: (954) 360-9229 %uly 18, 2003 Ed McCaue Palm Beach County It.E: ExxonMobi! # 11193 2605 SW 15m Ave Boynton Beach, FL 33436 Dear Mn McCane: In order for thc thermoplastic striping to stick properly we must wait for the concrete to cure (30 days). We will complete thc thermoplastic striping per thc plans no later than August.22, 2003. Please call me or Phillip Lec if this is not acceptable to you or if you have any questions or concerns. Sincerely, Bobby L. Moore Jr. President B~.M Construction EXHIBIT "H" 07/25/03 FRI 16:27 [TX/P,X NO 8123] and Associates, Inc. July 23, 2003 04728 1001 · Construction sa 40o 601 21st Street Veto Beach, Florida Mr. Owen Miley, P.E. via Facsimile (561) 478-5770 Traffic Division 160 Australian Avenue, Airport Hilton Center, Suite 302 West Palm Beach, FL 33406 (561) 684-4030 RE: Mobil - Boynton Beach, Woolbright and Congress Ave. Woolbright Road Striping Improvements Dear Mr. Miley: Kimley-Horn and Associates, Inc. on behalf of ExxonMobiI Corporation, will submit to you a striping plan for the modifications at the driveway entrance onto Woolbright Road for the above referenced site. This plan will be submitted in a timely manner that would allow for completion of the improvements within 30 days from this date. We understand B&M Construction has submitted a similar letter. With this request, we understand that you will contact the City of Boynton Beach to release the County!s hold on the Certificate of Occupancy. We appreciate your attention to this important project. Please call me at 772-794-4073 with any questions, comments or requests for additional information. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. P s, P]E. cc: Herman Steinberg via Facsimile (561) 394-4414 Phil Lee via Facsimile (954) 360-9229 EXHIBIT "I" TEL 772 562 7981 FAX 772 562 9689 G:\472gI00[\WP\CORRESP\Miley.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM G AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December l, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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 approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance Division (See attached Memo #03-117). Utilizing the City of Boynton Beach disposal process for surplus vehicles/equipment will allow the vehicles/equipment to be auctioned and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission's review, evaluation and approval to sell the surplus property. PROGRAM IMPACT: The disposal of surplus vehicles/equipment will provide inventory control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMPACT: The revenues generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund in the following account: Revenue Account No. Account Description: -~ 501-0000-365-01.00 Sale of Surplus Equipment ALTERNATIVES: Maintain the vehicles/equipment in inventorie~costs w~h conceivably impact operations due to down time repairs. Deputy Director of Financial Services City Manager's Signature Procurement Services ~ ~ Department Name City Attorney/,/~~ Human Resources s 5BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC C: JeffLivergood - Public Works Director Bob Lee - Fleet Maintenance Hoyt Johnson - Finance File PUBLIC WORKS DEPARTMENT MEMORANDUM # 03-0158 To: Bill Atkins, Deputy Director of Finance Thru: Jeffrey Livergood, P.E., Director of Public Works-,~l Chris Roberts, Deputy Director of Public Works From: Robert H. Lee, Fleet Administrator ~ Subj: Surplus Equipment Date: November 18, 2003 The resources listed in this memorandum have been replaced with new, updated equipment. We request the approval of the City Commission to sell these excess resources through local auction or over the Internet. ID# Make Year Model Type Vin# 8029 Haulette 1986 14 foot Utility/Trailer 15YP1421GME06804 8553 Yamaha 2002 YFM40FWN ATV / 4X4 5Y4AH06Y31A013824 RL/dc VT.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM H. AGENDA ITEM REQUEST t Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) L..J January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noo?~).~ [] January20,2004 January 5, 2004 (Noon) [] March 16,2004 March 1,2004(Noon) ~ "<;2> [] Administrative [] Legal :x NATURE OF [] Announcement [] New Business ~ AGENDA ITEM [] City Manager's Report [] Presentation 'Z' -~m~c~ [] Consent Agenda [] Public Hearing ~x~ [] Code compliance/Legal Settlements [] Un£mished Business RECOMMENDATION: Approve the attached performance bond for restoration purposes, subject to approvals by the city attorney and the finance department. EXPLANATION: The $255,796.20 surety represents the cost to restore the site known as the Renaissance Commons site south of Gateway Blvd. on the east side of Congress Ave (see attached location map). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: &pprove the surety with conditions. t~ i ~.' ~.~ep~en~ ~g~amre City Manager's Signature Department Name City Attorney / Finance / Human Resources S 5BULLET1N~ORMSXAGENDA ITEM REQUEST FORM.DOC EXHIBIT "N-3' (LDR, Chap. 7, Art. I, Sec. 3.B.) (LDP,, Chap. 73, Art. II, Sec. 7.) PERPORMANCE BOND Bond No. SRE1000592 ' KNOW ALL MEN BY THESE PRESENTS: Tl~t[I] [we], Town & Country Builders, Inc., hcrdn~er c~ll PRINCI~,~Ju,'~nd Lyndon Propert~ Insurance. Co~pany~ ~ ~y ~u~o~zcd to do b~s ~ ~e State of-~od~ here~ mf~d' m ~ ~~, ~ hem ~d ~y ~o~d ~o ~e ~ of Bo~ton.B~ch, a po~fic~ subdi~sion of ~c St~ of ~ofi~ hc~~ c~ed C~Y, ~e ~ ~d just s~ of *' U.. S. Do~s (~55,796.20 ) I~I money of~e U~ted Stat~ of~~ to be p~d m ~ Ci~ of Boston B~ ~ wMeh pa~t ~ ~d ~ly be mdc, w: bind o~selve% 0~ heks, execumm, ~~tom, ~ors ~ asi~s, jo~tly md sev~ally, ~~, the ~ovc bo~d P~C~ h~ r~eived ~pwv~ ~om r~or~ng ora c~ s~vislonplat'~o~ ~ R~nai ssance Commons .~ ~d '~-- r~or~ is p~or m c~pI:~on of cons~c~on of ~e Keq~ ~provem~m ~ pr~m%cd by. me Sub~visio~ PI~8 md Ke~ ~pmvemen~ Re,labor, Chapt~s 2.5, 5 ~d 6 r~vcly.of~ L~d Develo~em Relations of~he ~G~TIONS, pc~$ to s~d subdi~don;] ox ~~; co~c~onofac~proj~o~ Renaissance C'o~ons ~d s~h project sh~ ~ct ~d install~e requked, p~bHc impwv~ to suppo~ ~ ~jec~ p~t to the t~ of~e P~t,] ~AS, P~C~ h~ bein h~ ~it ~ [. Earthwork ~-- ..... P~t]~~~~[~N~b~ -.. , ~r~ ~e P~, for coition of sdd R~ukcd ~pWv~, a copy of w~ch ~ a~ch~ hereto ~d by mf~cnc~' m~e a p~ hcr~ ~, it bo~d be execute& ' ' ~OW, ~~FO~, ~e ~n~o~ of ~s oblit~on ~ such ~a ~ the abov~ bo~d P~C~ shaa ~ ~ r~p~ ~ly or ca~c o~ to comp~ ~ ~ ~ md ~tions 0b~n ~d~ md un~r ~e p~ ~ r~f~ to, ~ ~ obH~on co be void; o~e, it ~all rem~ * Two Hundred rift~ rive Thousand Seven Hundred Ninety Six and 20/100 Dollars Pag~ 1 ~f4 pages #~RElO00~)92 ' " " Thc-PKIlqCIPAL ~and CITY agre~ thst-the City Engineer may, in writing, red'acc thc ~uit~/1 amount stared shove in'ac~0rdauoe with.thc r~tuirc~c, nts of said REGULATIONS. The SURETY UNCONDITIONALLY COVENANTS AND AGKEES that if the -?hINC.IpAL fails to perform all or any pan of the construction work requ~r~ by said ?ERM]T and REGULATIONS within the t~nc specified, the S~, Upon thirty. (30) dab, s written notice from the CITY or its authorized agent or ofccp, of the default, to the PRINCIPAL Or its authorized agent or offioer, will forthwith perform and complete' the afor'e~aid construction work ~d pay the cost thereof, inchd/ng, but not limited to, eng/neetinB, legal, and cont/ngent costs, together wi.th any damages either direct.or consequential. Should the SURETY frdl or rofus~ to perform and complete the said improvcrnents, CITY, in view of. the publ/c interest, health, Safety and welfare Factors invoIved and the/nduccment in ~pmvin8 and lil/n~ the said plat, shall have thc right to resort tn any and ~tl legal remedies against the PRINCIPAL and/or SURETY, or both ' st law and in equity includin$ specifically tho specific l~.rfo~e, to .which the I~ltINCIPAL · and S~ tmconditionally agree. - The PKINCiPAL AND 8URE]~ FUI~THEI~ 3'OINTLy AND SEVERALLY 'AGKE]~ th'at ~he CITY, ut it~ option, sh~lI ha~e the right to construct or, pursuant to public ~uivc~rtisement and receipt o£Mde, cause to be constructed the s£ores~id improv~ in case the PRINCIPAL should ~'ail or refuse to do so/n accordance with the t~ms of s~id PERMIT. In the event CITY should ~xercise and give effect to such right, the PRINCIPAL and SURETY shall be jointly and severally liable hercundor to reimburse thc C~ the total cost th~eof, includ/n§ but not Iiraite~.. to, engineering, legal, and conting~m costs, together with any damages, ¢ith~ dir~ht or consequential, which may be sUStaiued on account of the Pa/lure o£thel~RINCIPAL to emery out and ex~cut~ all the obligations £or construction off Required Improvements'. pursu~mt, to the REGULATIONS and PERMIT. IN WITNESS WHEKEOF, the ?KINCIPAL ha~ ex~¢ute~l these presents tiaa 21stday of November- _, 20 0~3. ' .- (cOP-POKATE SEAL) .. "{~(~ TOWN & COUNTRY BUILDERS, INC~ ATTEST: Paul J. Andezson (/mpre~sion~ble eorporite ~eal) P~ge 2 t~f4 pag~ #SRE1000592 A~)DPJ~SS; 2~95 Corporate Blvd., Ste. 14C Boca Raton, FL 33431 STATS OF ,) COUNTY O1 BBFORE ~ persohally appe~¢d ,. who is persona~y ~ to mc, or h~ ~uce~ ~ id~ficafio~ ~d who executed ~e fo~go~g ~t~t ~ ['~ic~] Presider of. ........ , a co~o~o~ ~d sev~ly ~owledged ~ ~ before mc ~t ~c][shc] ~cu{~ ~uch ~~t ~ such o~c~ ~d ~a~ ~eul ~SS my h~d ~d o~ci~ seal ~. d~y of ,20.. Not~ Pubic (s~) (m-Drv'mUAL PP, n~cn'AL) · WITNESS: BY: ~D~SS: (S~ SIGNATURE BLOCK) ~ . '- . BY: " . ' (power of attorney must be at~ach~) Bonnie iruse, Attorn_ey-in-Fact Page 3 of 4 pages #S~E1000592 ADDRESS: 520 Maryville Centre Dr., Ste ste~ 500 st. Louis, MO 63141-5814 . STATE OF ILLINOIS ) COUNTY OF COOK .') BEFOKE M]Bpcrsom~lly appeared Bonni e"Kruse who[~] p~sona~y ~o~ to mo or [h~]' ' p~uc~ _ Power of Attorney resp~Qvcly] ~ iden~ca~o~ ~d who ~uted ~e for~go~g ~,~en~ ~d ~owledged b~fo~ me ~at '[she][ 'execut~ s~d.ins~t for'~c ~osc.c~rcss~d ~e~. ~~SSmyh~d~d'officialse~s 21s~ ~yof Novembe~ ,20 03. c ~o~ Publk ~ PEGGY A. FAUST Page 4 of 4 pag~ LYNDON PROPERTY INSURANCE COMPANY 520 MARYVILLE CENTRE DRIVE, SUITE 500 · ~I, ~Oler~ MISSOURI 63141-5814 vOWER OF ^rrom Y SRe 100 0592 KNOWN ALL MEN BY THESE PRESENTS, that LYNDON PROPERTY INSURANCE COMPANY, a Missouri Corporation, having its principal office in St. Louis, Missouri pursuant to the following resolution, adopted by the Bo~d of Directors of the Corporation on the 27 ~ day of Janunry, 1983. RESOLVED, Pursuant to Section 3.1 and 4.12 of the By-laws. the following Rules shall govern the execution of the Corporation of bonds, undertakings, reco~dzances, contracts and other writings in the nature thereofi (1) That the President or any Vice President or Assistant Vice President, the Secretary or Assistant Secretary, the Treasurer or Assistant Treasurer or any Attorney-in-Fact may execute for and in behalf of the Corporation any and all bonds, undertakings, recognizances, contracts and other writings m the nature thereof, the same to be attested when necessary by the Secretary or Assistance Secretary, and the seal of the Corporation affixed thereto; and that the President, any Vice President or the Secretary or Assistant Secretary may appoint and authorize Attorneys-in-Fact to execute or to the execution of all such writings on behalf of the Corporation and to affix the seal of the Corporation thereto. The Secretary or Assistant Secretary may not both execute and attest the same bonds, undertakings, recognizances, contracts and other writings of the Corporation. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Corporation in any case as though signed by the President and attested by the Secretary. (3) The signature of the President, or any Vice President or Assistant Vice President, the Secretary or Assistant Secretary, or the Treasurer or Assistant Treasurer and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to this ReSOlution, and the certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. (4) Such Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the By-laws of the Corporation, and any affidavit of record of the Co~oration necessary to the discharge of theft' duties. This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Bonnie Krnse. James I. Moore~liehael Seheer. and Stephen Kazmer its l~ue and lawful Attomey(s)-in-Fact with full power and authority hereby confexred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf. and as its act and deed, withom power of redelegation as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guara~teeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, provided the amount ofno one bond exceeds Two Million Five Hundred Thousand and 00/100 Dollars ($2.500.000;00~: and to bind LYNDON PROPERTY INSURANCE COMPANY thereby as fully and to the same extent as if such bond or.undertad0ng was signed by the duly authorized officers of LYNDON PROPERTY INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Faet pursuant to the authority herein given are hereby mtitied and confirmed. In Witness Whereof, LYNDON PROPERTY INSURANCE COMPANY of St. Louis, Missouri, has caused this Power of Attorney to be signed by its President a, its Ccnporate se,31to be affixed this 1st dayof November,2000. O LYNDON PROPERTY INSURANCE COMPANY County of St. Louis ss: On this the I st day of November, 2000, before the subscriber, a Notary Public of the State of Missouri in and for the County of St. Louis, duly commissioned and'qualified, came ROLAND G. ANDERSON of Lyadon Property Insurance Company to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the company aforesaid, and that the seal fixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said inslntment by the authority and direCtion of the Corporation, and that the resolution of the Company, referred to in the preceding instrument. In Testimony Whereof, I have hereunto set my hand, and fixed my official seal at St. Louis, Missouri,' the day and year above written. I, Richard C. Hackett, Assistant Secretary of the Lyndon Property Insurance Company, do hereby certify that the foregoing is a true and accurate copy of a Power of Attorney, executed by said Lyndon Properly Insurance Company which is still in fall force and effect. In Witness Wbexeof, I have he~.der set my hand and affixed the. seal of said Co~pomtion at St. louis, Missouri, this ~} 1 $ tday of N 0 vembe r , 20 0_3 O LYNDON PROPERTY INSURANCE COMPANY State of Missouri County' of SL Louis ss: ' ASSISTANT SECRETARY t Protective IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Protective's statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage. Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. Bond No. SRE1000592 Dated: November 21, 2003 Protective group of companies: Acceleration National Service Corporation I First Protection Corporation / First Protection Corporation of Florida / Lyndon Property Insurance Company / Lyndon Administrative Services / Protective Life Insurance Company I Protective Life Insurance Company of Kentucky / Protective Life Insurance Company of Ohio / The Advantage Warranty Corporation I Western Diversified Services, Inc. II LOCATION MAP · N.W. 1/4 SEC.20, TWP.45S, RGE.43E NOT TO SCALE ENGINEERING CORPORATION President James W. Mahannah, P.E. ENGINEER'S FEE ESTIMATE Vice President for Restoration Surety Project: Renaissnace Commons Location: Boynton Beach, Palm Beach County, Florida Owner Compson Associates of Boynton, L.L.C. Date October, 2003 Project No.: 02151 ESTIMATED UNIT UNIT COST AMOUNT ITEM QUANTITY Final Grading ' 36.78 AC $ 1,500.00 $ 55,170.00 Seed ahd Mulch 31.09 AC $ 800.00 $ 24,872.00 Sod 1 AC $ 14,000.00 $ 14,000.00 Clean and Sweep Public R/VV 1 LS $ 3,500.00 $ 3,500.00 Fill Lakes to pre-excavation condition 90,000 CY $ 1.50 $ 135,000.00 TOTAL $ 232,542.00 x 110% I Total Surety Amount $ 255,796.20 / , G~ IZ.. Du,~¥~~-,P' £' ( for ~' C,,:,~ 951 Broken Sound Parkway, Suite 108 · Boca Raton, FL 33487 · Tel: [561) 241-6455 · Fax: (561) 241-5182 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION TO: Diane Reese and City Attorney (hand delivered) FROM: Ken Hall ~ DATE: December 2, 2003 RE: Renaissance Commons performance bond for excavation/fill permit Please review the attached bond for fiscal and statutory compliance and advise me of your findings. Thanks. P.S. bond approval by the commission is scheduled for the December 16th meeting and has been made subject to your approvals. C: Dave Kelley* Bonnie Glinski* *memo only J~.~SHRDATA~Engineering~Engineering Div. Memorandum new logo.doc VI'.-CONSENT AGENDA TTEM CITY OF BOYNTON BEA( AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) ~ [] Administrative [] Legal ~ NATURE OF [] Announcement [] New Business ! ~mc:> AGENDA ITEM [] City Manager's Report [] Presentation -'o ta.;~,q [] Consent Agenda [] Public Hearing 21~ ~ ~ [] Code compliance/Legal Settlements [] Unfinished Business I',? RECOMMENDATION: Please place request for street name change on the December 16, 2003 City Commission agenda under Consent. This request is for the renaming of"Beta Drive" within the Quantum Park PID to "The Watershed Way". For additional information please see the accompanying formal request including an affidavit, petition from all abutting property owners, and letters of consent from the Quantum POA and Quantum Community Development District. EXPLANATION: A complete application was filed for the official renaming of"Beta Drive" to "The Watershed Way", which is in conjunction with the previously approved site plan and future treatment center approved for lots 48-A, 48-B, 48-C and 48-D of the Quantmn Park PID (see accompanying location map). As indicated in the application materials, no other parcels are addressed along "Beta Drive" but the property owners of those abutting lots have consented to the renaming of this street. "Beta Drive" was the original street name assigned at the time of platting, along with the nearby and matching street, Alpha Drive. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:R/} Deny the request thereby leaving the street as currently named,"Beta Drive". Devel~5~e~t D~fi~ ctor ignature Planning and Z~- Director City Attorney / Finance / Human Resources S:~Plannlng~SHARED\WP~SPECPROJ~Sffeet Name Changes\Watershed Way from Beta Drive,dot S:'~BULLETIN~ORMSX, AGENDA ITEM REQUEST FORM.DOC Treatment Programs October 15, 2003 Micheal W. Rumpf Planning & Zoning Director The City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33425-0310 RE: Request to change the street name of Beta Drive to The Watershed Way Dear Micheal: The Watershed is requesting that Beta Drive be renamed "The Watershed Way" effective January 1, 2004. We own the property on the east comer of Park Ridge Boulevard and Beta Drive. PJM & Associates owns the property on the west comer. There are no other lots available on Beta Drive. PJM & Associates uses Park Ridge Road as their address. We wish to change the street name for "vanity" purpost:s...this facility will be our flagship and by "branding" our street we further our efforts to make "The Watershed" a well-known and well-respected name. Since there will be no other businesses on Beta Drive we would like our legal address to be: The Watershed Treatment Programs The Watershed Way Boynton Beach, FL 33426 We have attached supporting documentation from PJM & Associates, Quantum Park Property Owners' Association, and Special District Services (QCDD). Please contact me should the department or the Commission require further information. Bill Russell COO/VP Cc: Julie Finch, QPPOA 200 Congress Park Drive · Suite 100 · I)elray Beach, FL 33445-4652 888-814-6840 · 561-361-6608 · Fax: 561-361-9857 "Member of FADAA" AFFIDAVIT STATE OF FLORIDA ) )SS. COUNTY OF PALM BEACH ) BEFORE ME THIS DAY PERSONALLY APPEARED q~ ] ~-~(~- ~(A,.~' j0 ~tfl*,~. %,.,,~ (/~lj/;7)/ C_.~/~ , WHO BEING DULY SWORN, DEPOSES AND SAYS: That the accompanying property owner's list is, to the best of his/her knowledge, a complete and accurate list of all property owners, mailing addresses and legal descriptions as recorded in the latest official tax rolls in the County Courthouse for all properties abutting the street listed below. That all property owners whose property abuts the street listed below have agreed on the proposed street name and have signed a petition to this effect. Existing Street Name: '~ ~ FURTHER AFFIANT SAYETH NO. Sworn to and subscribed before me this l ~day of (~ O_,~'~ ~'~.-4cD.,20 State of Florida at Large My commission expires ~ lff-,~ Page 4 of 4 $ APIanning'~W'P~FORMS'u~PLICATIONS'~treet Nnme Chnnge~kApplic. ntion, doc PETITION TO CHANGE STREET NAME We hereby petition the Boynton Beach City Commission for a change of the existing street name from and ~ (31a~ ~ f&0t '~t~~er request *at *e new street name become Ad.ess Ad&ess N~e N~e Ad&ess Ad.ess Telephone # Telephone # Signature Signature Name Name Address Address Telephone # Telephone # Signature Signature Name Name Address Address Telephone # Telephone # Signature Signature Page 2 of 4 Quantum ®ar ®roperty Owners ' ssociation, Inc. 2500 QUANTUM LAKES DRIVE · SUITE 100 · BOYNTON BEACH, FLORIDA 33426 March 13, 2003 Bill Russell, COO/VP The Watershed Treatment Programs 200 Congress Park Drive, Suite 100 Delray Beach, FL 33445-4652 RE: Renaming of Beta Drive/Quantum Corporate Park Dear Mr. Russell: The renaming of Beta Drive to "The Watershed Way" has been approved by the Board of Directors of the Quantum Park Property Owners' Association, Inc., but is subject to the follbwing approvals: Quantum Community Developmem District, City of Boynton Beach andre adj~iCent landOwner'io BetaDriVe, PJM & Associates, Inc. Please prOvide copies of such letters of approval bom the above named entities at your earliest convenience. Should you have any questions, please do not hesitate to call. Sincerely, cc: Quintus Greene, Director of Development City of Boynton Beach Pete Pimentel, QCDD District Manager Jenni Yac.hlson, PJM & Associates, Inc. C:/lulie/QPOA/Corrsp/watershed beta way 031303.doc NaB 05 09 02:47p Special District Services (561) 630 4923 p.1 VIA FACSIMILE & U.S. MAIL 561-361-9857 May 5, 2003 ~ Mr. Bill Russell ~ Thc Watershed Treatment Program~' 200 Congress Park Drive, Suite 100 Dolray Beach, FL 33445-4652 RE: Beta Drive Dear Mr. Russell: In response to your letter dated March 7, 2003 regarding renaming Beta Drive to "Watershed Way", per the Quantum Community Development District ("QCDD") Reconvened Regular Board Meeting hold on April 10, 2003 at 3:00 p.m. the QCDD approved the request of The Watershed to change thc name of Beta Drive to Watershed Way. Should you have any questions and/or comments, please do not hesitate to contact me. Sincerely, Special District Services, Inc. Peter L. Pimcntcl President PLP:ljt 11000 Prosperity Farms Road · Suite 104 · Palm Beach Gardens, FL 33410 Phone 561.630.4922 · Fax 561.630.4923, Toll Free 877.737.4922 1~0/06/2003 liON 14:28 FAX 561 740 2429 QUANTg/M ~]002/003 TOTAl. .~i~.ltl J~ Location Map The Watershed C3 PID PID LWDD E-4 VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (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 December 16, 2003 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a 6 to 1 vote, recommended that the subject request be tabled to the January 13, 2004 Community Redevelopment Agency Board Meeting, directing the applicant to work with staff to improve project design, consider alternative and safer drop-offsystem, and to discuss with school board city rights to acquire property if school use is ever discontinued. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-286. EXPLANATION: PROJECT: Boynton Delray Academy (COUS 03-008) AGENT: Marty Madura OWNER: Keith D. Kcm LOCATION: Northwest comer of Martin Luther King Boulevard and Railroad Avenue DESCRIPTION: Request Conditional Usc approval for a primary/secondary Charter School. PROGRAM IMPACT: OevelopXme~t'Dep~a-~tm~nt-I~e~t~ ~' CiWM~ger's Silage ~ Pl~ning ~d Zo~kector Ci~ A~omey / F~ce / H~ Reso~ces S:~lanning~DX~ROJECTS~o~m ~lmy AcadmyXCOUS~gmda It~ Request Boston ~lmy AcMemy COUS 03408 12-1643.dot S:~BULLETIN~ORMSLS. GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-286 TO: Chairman and Members Community Redevelopment Agency THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP ~'~'/ Planner DATE: November 26, 2003 PRO3ECT: Boynton Delray Academy / COUS 03-008 REQUEST: Conditional Use approval for a charter school PRO3ECT DE~CI~1:P11:ON Property Owner: Mr. Keith D. Dern Applicant: Mr. Keith D. Dern Agent: Mr. MarLy Madura with Advanced Modular Structures, Zncorporated Location: Northwest corner of Martin Luther King, .lr. Boulevard and Railroad Avenue (see Exhibit "A"- LocaUon Map) Existing Land Use/Zoning: Medium Density ResidenUal (MDR) / Single and Two-family ResidenUal (R- 2) and Neighborhood Commercial (C-2) Proposed Land Use/Zoning: No change proposed Proposed Use: Charter school Acreage: 36,055 square feet / (0.87-acre) Adjacent Uses: North: Right-of-way for Northeast 11~ Avenue, then farther north is vacant residenUal property zoned R-2; South: Right-of-way for Northeast 10t~ Avenue, then farther south is developed commercial property (King's Cafe) zoned C-2; East: Right-of-way for Railroad Avenue, then farther east is right-of-way for the Florida East Coast Railroad Boynton Delray Academy- COUS 03-008 Page 2 Memorandum No. PZ 03-286 West: Vacant commercial and residential properties zoned C-2 and R-2. BACKGROUND Mr. Marry Madura, agent for the applicant is requesting conditional use approval for a charter school on the subject property. According to the applicant, the charter school would teach up to 125 students, grades six (6) through nine (9). The subject property is comprised of two (2) parcels, which are dissected by a five (5) foot wide alley that runs east and west. The applicant has submitted a concurrent request to abandon this alley (ABAN 03-012). The property also contains two (2) different zoning districts, namely R-2 and C-2. The survey shows that the northern parcel is 18,,H9 square feet in area. This parcel is zoned R-2. The survey also shows that the southern parcel is comprised of three (3) lots. All of these lots are zoned C-2. Therefore, when both parcels are combined in conjunction with the area gained by the (proposed) abandoned alley, the total property size would equal 36,055 square feet or 0.87 acre in area. All lots would be joined together by Unity of Title. Ukewise, approval of this project is contingent upon the approval of the accompanying request to abandon the alley (see Exhibit "C"- Conditions of Approval). A charter school is a permitted use in the C-2 zoning district but would be considered as a conditional use in the R-2 zoning district. The developer would not be allowed to circumvent the conditional use ! public healing process by constructing the charter school building on the C-2 parcel (where it's a permitted use and no public hearing would be required) and have its supporting parking areas on the R- 2 parcel. Also, since the underlying land use designation for both parcels is Medium Density Residential (MDR), it is unlikely that staff would support a request to rezoned the R-2 parcel from R-2 to a commercial zoning district. Therefore, in order to build a charter school and parking areas on the subject properties, the applicant is required to request conditional use approval. By and large, the building is proposed on the southern parcel while the parking areas is proposed on the northern parcel. According to the applicant, completion of the modular building would be accomplished within one (1) phase. STANDARDS FOR EVALUATING CONDZT[ONAL USES AND ANALYS!~ Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Community Redevelopment Agency Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or subject to conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: Boynton Delray Academy- COUS 03-008 Page 3 Memorandum No. PZ 03-286 1. Tngress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The project proposes one (1) point of ingress and one (~) point of egress. The entrance is proposed on Northeast ~ Avenue and the exit is proposed on Railroad Avenue. The entrance would be 12 feet in width and the exit would be ~1.5 feet in width. A sidewalk would be required within the tights-of-way along Ra//road Avenue and a/so along IVarb'n Luther King Boulevard 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the condiUonal use will have on adjacent and nearby properties, and the city as a whole. Required parking for the charter school is based on the following methodology: One (~) parking space per 500 square feet of classroom floor area, including floor area of shops. The site plan ($P-]) tabular data indicates that 6,20~ square feet of classroom area is proposed, therefore, Jt3 parle'rig spaces would be required. The project provides ~6 porldng spaces, /nduding one (~) space designated for hand/cap use. AIl spaces would be dimensioned nine (9) feet in width by ~8 feet in length, except for the hand/cap space, which would be ~2 feet in width w/th five (5) foot w/de striping area by ~8 feet in length. The vehicular backup area would be 25 feet in width. A loading zone / student drop-off area is proposed near the handicap access ramp along Ra//road Avenue. The Engineering DMsion endorsed this design concept due to the size constraint of the subject property. It must be noted that a school bus would be stored on-site after hours. It is probable that the school bus would not be able to fit within the confines of any of the proposed park/ng stalls. The app#cant has informed staff that there is no need to have a large space for a school bus because they would use a smaller type of bus because many of the students would either walk or be dropped off at the school. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The site p/an ($P-I) shows a dumpster enclosure is proposed on the northern parcel along the west property line. However, no dumpster enclosure detail was provided. Therefore, staff recommends that the exte#or finish of the enclosure match that of the required buffer wall and the color match either the buffer wa# or the main co/or of the building (see Exhibit "C"- Cond/b'ons of Approval). 4. UUliUes, with reference to locations, availability, and compatibility. Cons/stent w/th Comprehensive Plan poi/c/es and city regulab'ons, all ut/l/bbs, including potable water and sanitary sewer are available for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. Commerc/al properb'es abut~hg other commercial properb'es do not require a buffer wall. Neither do res/denb'a/ properb'es abutl]'ng other residenb'al properties, regard/ess of the use. In this case, the northern parcel, which is zoned R-2 abuts another R-2 zoned lot (to the west). No buffer wa//would be required. However, the landscape p/an shows that a buffer wa//, six (5) feet in height, is proposed along the west property//ne of the northern parcel. The presence of the wa//would a/most certainly eliminate the negative impact of a commercial parking lot proposed within a res/denb'a/ Boynton Delray Academy- COUS 03-008 Page 4 Memorandum No. PZ 03-286 neighborhood. Staff endorses the proposed wall. However, no detail drawings of the wall were submitted with the site p/an package. Therefore, at the b'me of permitb'ng, the applicant would be required to submit a detail of the wa//, which would be subject to review and approval of the Planning & Zoning D/v/s/on. Also, staff recommends that the co/or of the wall be the same or compatible w/th the dumpster enclosure and the building (see Exhibit "C"- Conditions of Approva/). On the southern parcel, the landscape p/an proposes slx (6) Sabal palm trees along Ra/Iroad Avenue. Normally, staff would recommend clustering the trees. However, the p/an shows that these trees would be installed at m/n/mum 30 feet/n height. The landscape p/an a/so shows a row of Sliver Buttonwood hedges are proposed along the east property//ne of the southern parcel. ~Tt appears that these hedges would be continued along the east property//ne of the northern parcel as we//. ~rn addition to the aforemenb'oned shrubs, the east landscape buffer of the northern parcel would contain 24 ]xora Nora Grant and 80 Bush Al/amanda. Three ($) Ye#ow Tabebu/a trees would a/so be preserved w/thin this buffer. Four (4) Saba/ palm trees are proposed along-Martin Luther King Jr. Boulevard. Agar'n, these trees would be insta#ed at 30 feet/n height. A row of Sliver Buttonwood hedges is proposed at the base of the trees. The landscape plan proposes to continue the Sliver Buttonwood hedges along the west property//ne of the southern parcel. Two unknown trees would be preserved while four (4) Sweet Mahogany trees would be installed. No rows of hedges are proposed along the west property//ne of the northern parcel because the proposed buffer wa//would screen the parking lot from the residential lot to the west. However, staff recommends that a row of 24-/nch tall hedges be installed along the base of the wa//on/ts east s/de. The developer may choose the spec/es provided that the 50% native species //m/tab'on /s ma/nta/'ned throughout the project (see Exhibit "C~- Conditions of Approval). Five (5) Sweet Mahogany trees are proposed just east of the wa//. Four (4) L/ye Oak trees, a row of Redtip Cocop/um hedges, Bush A/lamanda and Ixora Nora Grant are proposed in the northern landscape buffer along Northeast 11~ Avenue. This buffer would screen the parlq'ng lot from the right-of-way. A "drainage swa/e"is proposed near the buffer. 6. Signs, and proposed exterior lighUng, with reference to glare, traffic safety, economic effect, and compaUbility and harmony with adjacent and nearby properties. No signs are proposed at this time. The developer understands that any future signage would require a major site p/an modificab'on, subject to review and approval of the Community Redevelopment Agency Board and C/b/ Commission. The exte/for lighting /s such that meets m/n/mum code requirements and would not produce g/are on neighboring properties. 7. Required setbacks and other open spaces. No building/s proposed on the northern parcel; therefore, no R-2 zoning d/stn'ct setbacks would apply. The proposed building would meet all setback requirements of the C-2 zoning d/stn'ct. The building would be situated both eight (8) feet from the east (s/de) and south (front) property lines along the/fghts-of-way. Normally, the C-2 zoning d/sbT'ct requires the building to be setback 20 feet from the street s/de and $0 feet from the front I/ne. However, the subject property lies within the Boynton Delray Academy- COUS 03-008 Page 5 Memorandum No. PZ 03-286 fi/arb'n Luther King Boulevard Over/ay Zone. The max/mum street side and front setback would be 12 feet. The size of the ch#dren's play area would be regulated by the State of Florida. 8. General compaUbility with adjacent property and other property in the zoning district. The City previously/dent]~ed a segment of fi/art/n Luther King Jr. Boulevard as an area in need or redevelopment and rev/ta//zat]'on. This corridor is to contain an ambiance supported by pleasant signage and building appearance, potted landscaping, store windows, and pub/lc open spaces. According to the applicant, "the school/s already located at 900 North Seacrest Boulevard, which is near the subject property': The proposed Heart of Boynton fi/aster P/an & Schemat]'c Designs calls for a two (2) to three (3) story mixed-use (retail / o/rice / res/dent]'al) building to be consb~Jcted on the subject property (see Exhibit "D~- Heart of Boynton fi/aster Plan). This would not be cons/stent ~4th the proposed use. 9. Height of building and structures, with reference to compaUbility and harmony to adjacent and nearby properties, and the city as a whole. The maximum a#owab/e building height in the C-2 zoning d/strict/s 25 feet, not to exceed two (2) stories. However, properties located w/thin the fi/arbh Luther King Boulevard Overlay, such as th/s, may have building heights of up to 30 feet. According to the elevations, the proposed modular bu#ding is designed as a one (1)-story structure and would be at most, 19 feet- two (2) inches in height. This would easily comply w/th both the zoning district and Overlay's height//mitat]'ons. 10. Economic effects on adjacent and nearby properties, and the city as a whole. According to the applicant, "a community/s only as strong as/ts weakest/ink. This targeted audience has been/dent/fled in middle school based on suspensions, referrals, retent]'on, attendance, grade point average, and discipline reports. The students become our future juvenile detent]'on detainees, p/Cson inmates, perpetrators, and manaces to our society. Our goal/s to/dent]fy and ass/st these children while they are middle school students, fi/any of our students are not seelehg to become 'Ta/lures" however, these are the hands they were dealt as a result of babies hav¢ng babies, drug infested households, AIDS infected parents, not to ment]'on that ~t?¢~ of our student population are being raised by grandparents. Last year, we topped the school d/stn'ct in middle school FCA T math ga/ns and were fifth (~) in reading. Such an isolated educational inst]'tut]'on appears to be the answer to such a significant weak link': Although staff appredates the Charter ~choo/'s past accolades and current efforts to reenergize a disadvantaged student popu/at]'on, the proposed use would not be considered the highest and best use for the subject property. Staff would have preferred a use and intensity more cons/stent w/th what/s endorsed in the Heart of Boynton's Redevelopment P/an. However, considering the overall posiEve impact that the school would make to the immediate vicinity, the economic effect would only be positive on adjacent and ne/ghberfng properS'es. The applicant is abso/utoly COrrect in the statement, "a community /s only as strong as /ts weakest link': With a charter school, the community would only get stronger. Since the Overlay's zoning regulat]'ons are specifically tailored for redevelopment and revftalizat]'on efforb~, staff hopes that as the charter school expands, the property owner would be inclined to remove the modular building and build "up" and "out~ as much as the code would a#ow. Boynton Delray Academy- COUS 03-008 Page 6 Memorandum No. PZ 03-286 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of 8oynton 8each Code of Ordinances. (Part 11! Chapter 4 Site Plan Review). With incorporab'on of staff comments, the proposed project would comply w/th ali requirements of applicable sections of c/bi code. The applicant must submit a traffic impact statement to ensure that the local roadways can support the charter school use in terms of traffic concurrency purposes. No building perm/ts may be issued unb'/ the Palm Beach County Traffic D/vis/on review and approves the project (see Exhibit "C"- Cond/b'ons of Approval). 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development RegulaUons, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. W/th/ncorporab'on of ali conditions and staff recommendab'ons contained here/n, the proposed use would operate in a manner that is in compliance w/th the above-referenced codes and ordinances of the City of Boynton Beach. RECOMI~IENDAI'ZON Based on the discussions contained herein, compliance with development regulaUons, and the consistency with the Comprehensive Plan, staff recommends that this request be approved subject to saUsfi/ing all condiUons of approval as contained in Exhibit "C" - CondiUons of Approval. Also, approval of this site plan is contingent upon the approval of the accompanying abandonment request (ABAN 03- 012). Furthermore, pursuant to Chapter 2 - Zoning, SecUon 11.2 Conditional Uses, a Ume limit is to be set within which the proposed project is to be developed. Staff recommends that a pedod of one (1) year be allowed to obtain a building permit for this project (see Exhibit"C"- CondiUons of Approval). EtJ $:~l~lanning~HARED\Wl~PROJl/C'l'S~Boynton Deb-ay Ac~la, ny~CO~ R~.~ 1 in. = 125.0 feet 4 2 C2 LOCATION MAP BOYNTON DELRAY ACADEMY EXHIBIT "B" ~,~'1 J J ~11- I J EXHIBIT "B" .ii =~ Il" .......... ...... '" ' i~" h ,I,,'"'" lJJ tj ,,..,mi ,,j,,: ,,J~J .,.,,]iJJlJii,i, :''" Ji !' fl:' Jill :,, ""ii i !:Jl,'.'."' :,,,'" ,,::.:,, t,,, " ! '--" "' ""' · '. ~ - I j, JJJJ!J jl,,jj !Ii. I J iii-Jill ,.:, j~ j !., I! ! ililJ EXHIBIT "B" I : DELRAY BOYNTON ACADEMY IIJIEIML~ L,.dU,e-ZMN-r=.*mM.M II I ! I ' - II ~ ~-~"~,~"- ~'~ IIIII · .,.- .--. ,.,.-."'"t'" L,,.,. ~ .,,.,...,, Il, w~ii ..._....Il I I I / ii 'I,i i i t ,, , ;~ i~ ..... " ~ I I I ' '.~i '~ '~ ~ i 'I i ~ ~ ! ' II : ~' ' I I ~-~ .... '-~' ~._~,_' ~OOR PLANS ' ~ D~RAY BOYNTON ACA~MY ~ ~er King Bodevnrd EXHIBIT "C" Conditions of Approval Project name: Boynton Delray Academy File number: COUS 03-008 Reference: 2na review plans identified as a Conditional Use with a November 18, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic Engineering. 2. Provide additional right-of-way along the east property line so that the X sidewalk is within the public right-of-way. 3. Provide appropriate signing at the intersections of NE 11th Ave./Raikoad X Ave. and MLK Blvd./Railroad Ave. designating this a one-way southbound roadway. 4. Provide additional right-of-way along the north property line and widen the X roadway to a minimum paved width of 24 feet and place the sidewalk within the public right-of-way in accordance with Standard Detail P-1. ENGINEERING DIVISION Comments: 5. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 6. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these planS during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 7. Sidewalks adjacent to parking lots shall be continuous through all driveways X and shall be six (6) inches thick within driveways (LDR, Chapter 23, Article II, Section P). 8. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 9. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and the "Engineering Design COA 12/02/03 2 DEPARTMENTS INCLUDE REJECT Handbook and Construction Standards" and will be reviewed at the time of construction permit application. I UTILITIES Comments: 10. Palm Beach County Health Department permits may be required for the water X and sewer systems serving this project (CODE, Section 26-12). A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 11. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 12. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon £mal meter size, or expected demand. 13. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available City water shall not be allowed for irrigation. 14. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. 15. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 16. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show X all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction needed in order to service this project. 17. The LDR, Chapter 3, Article IV, Section 3.P requires a statement be included X that (all other) utilities are available and will be provided by the appropriate agencies. This statement is lacking on the submitted plans. COA 12/02/03 3 DEPARTMENTS INCLUDE REJECT 18. PVC material not permitted on the City's water system. All lines shall be X DIP. 19. Appropriate backflow preventer(s) will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 20. Water service to the site will not be allowed from the existing 20-inch water X main in Railroad Avenue. Service shall be via the existing 6-inch water main located on the south side of Martin Luther King Boulevard. 21. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 22. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. Sheet E-1 - Light poles shall also be designed for compliance with wind load requirement of 2001 FBC, Section 1606. 23. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. Indicate water source on the plan. 24. A water-use permit for the irrigation system is required from the SFW1VID. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 25. At time of permit review, provide a completed and executed CBB Unity of X Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that COA 12/02/03 4 DEPARTMENTS INCLUDE REJECT is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 26. This is a manufactured building. Submit copies of plans that have been X approved by a State certified third party plan review and inspection agency per 2001 FBC, Section 428 and F.A.C., Rule 9B-1. 27. Submit setup/tie-down details to ensure the manufactured building complies X with the wind load requirements of 2001 FBC, Section 1606. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 28. Approval of this project is contingent upon the approval of the accompanying X request for the abandonment (ABAN 03-012). 29. Staff recommends that a period of one (1) year be allowed to obtain a X building permit for this project. 30. For the Martin Luther King, Jr. Corridor, the Heart of Boynton Master Plan & X Schematic Designs recommends specific uses, building massing, and architectural design guidelines. In particular, it recommends a "Floribbean" architectural style. Therefore, staff recommends incorporating more "Floribbean" design elements into the architecture of the building. 31. If approved, a Unity of Title would be required prior to the issuance of a X building permit. 32. Provide an itemized list of the areas (expressed in square feet) of each use of X the classroom, office, bathrooms in either the site plan (sheet SP-1) tabular data or on the floor plan (FP-1), 33. A traffic impact statement for the proposed use must be approved by the Palm X Beach County Traffic Division prior to the issuance of a building permit (Chapter 4. Section 8.F.). 34. All signage is subject to review and approval of the Community X Redevelopment Agency and City Commission (Chapter 4, Section 7.D.). COA 12/10/03 5 DEPARTMENTS INCLUDE REJECT Since no signs are proposed at this time, all future signage would require a major site plan modification. The cumulative area for all wall signs shall be in compliance with Chapter 21, Article IV, Section 2.B. 35. The signature trees (yellow tabebuia) shall have a minimum of eight (8) feet X of clear trunk to preserve the clear sight area. 36. Staff recommends that the exterior finish of the dumpster enclosure match X that of the required buffer wall and that the proposed color match the color of either the buffer wall or the main building. 37. Staff recommends that a row of 24-inch tall hedges be installed along the base X of the proposed buffer wall (on its east side). The developer may choose the species provided that the 50% native species lirmtation is maintained throughout the project. 38. Provide a detail of the six (6) -foot high buffer walls. Staff recommends that X at the time of permitting, the applicant would be required to submit a detail of the wall. Its appearance would be subject to review and approval of the Planning & Zoning Division. Provide a decorative end-cap to six (6) foot wall terminus at entrance off of Northeast 1 lth Avenue, such as a pillar or column with a decorative top-cap. Also, staff recommends that the color of the wall be the same or compatible with the dumpster enclosure and / or the proposed building. In any case, the wall must be setback at least two (2) feet from the property line (Chapter 2, Section 4.L.). ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 39. Tabled to January 12, 2004 CRA meeting, staff to work with the applicant to X improve the project design, which includes building aesthetics (to properly reflect the gateway location to the MLK Corridor and Heart of Boynton Redevelopment Plan Design recommendations), and improve the vehicular stacking related to the student drop-off area, if possible, minimizing the impact on Railroad Avenue. 40. The applicant is to request that the School Board allow the City's CRA Board X the first right of refusal should the Charter School fail and the property ownership reverts to the School Board. If the City Commission approves the application as submitted, the Board requests the above referenced items be conditions of the City Commission's approval. COA 12/10/03 6 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS: Comments: 41. To be determined. MW ¢lj S:\Planning\SHARED\WP\PROJECTS\Boynton Delmy Academy~COUS\COA.doc EXHIBIT D EXHIBIT D II ~..~-~ O~ O0 ~ ) ~ ~ - _. ~ ~ ~ ~ ............. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Delray Academy APPLICANT'S AGENT: Mr. Marty Madura with Advanced Modular Structures, Incorporated AGENT'S ADDRESS: 1911 Northwest 15th Street Pompano Beach, FL 33069 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 16, 2003 TYPE OF RELIEF SOUGHT: Request conditional use / new site plan approval to construct a 8,640 square foot modular building for a charter school a 0.87-acre lot in the R-2 zoning district LOCATION OF PROPERTY: The northwest corner of Martin Luther King Jr., Boulevard and Railroad Avenue 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 Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby __ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~PIanningX,SHARED\WPXPROJECTS~Boynton Delray Academy\COUS\DO.doc VIII.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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 December 16, 2003 City Commission Agenda under Public Hearing. 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 03-288. EXPLANATION: PROJECT: Boynton Delray Academy (ABAN 03-012) AGENT: Marly Madura OWNER: Keith D. Kern LOCATION: West of Railroad Avenue between NE 11th Avenue and NE 10~ Avenue DESCRIPTION: Request for an abandonment of a segment of a 5-foot east/west alley (right-of-way) extending west from Railroad Avenue in conjunction with the assembly and development of adjacent parcels. PROGRAM IMPACT: FISCAL IMPACT: .4C'1/~ s .... Planning ~d Zo~ector Ci~ A~omey / F~ce / H~n Reso~ces · m~mgB~D~ROJECTS~o~ton ~lmy Acadmy~g~da Item Request Boston Delmy Acad~ ~AN 12-16~3.dot S :~ET~O~S~GENDA ITEM ~QUEST FO~.~C DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-288 TO: Chairman and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee .Johnson, AICP Planner DATE: December 1, 2003 SUB3ECT: Boynton Delray Academy (ABAN 03-012). Abandonment of a five (5) foot wide right-of-way (alley) NATURE OF REOUEST Mr. Marry Madura, agent for the applicant is requesting to abandon the 5-foot wide alley located between the north and south parcels of the project known as Boynton Delray Academy (COUS 03-008). This request to abandon the alley was submitted on October 15, 2003. It is described as follows: A portion of the South 5 feet, less the F.E.C. Railway, MEEKS AND ANDREWS ADD1-I'ION TO BOYNTON, according to the Plat thereof; as recorded in Plat Book 5, Page 84 of the Public Records of PALM BEACH COUNTY, FLORIDA, being more particularly described as follows: Commencing at the Southwest corner of the East 300 feet of BIock"B"', thence East, along the South line of Block "B'; a distance of 116.50 feet to the POINT OF BEGINNING; thence East 116.90 feet to a point of intersection of the Westerly right-of-way line of Railroad Avenue; thence South 07°,~7'02'' West, along the said Westedy right-of-way line, a distance of 5.05 feet; thence West, along the Southedy line of said MEEKS AND ANDREWS ADD1T[ON TO BOYNTON, a distance of 116.a,9 feet to a point, thence North 03009'23'' East, a distance of 5.01 feet to the POINT OF BEGINNING. Said lands containing 583.,~81 square feet / 0.013~, acres +_ (more or less). The IocaUon map attached as Exhibit "A" shows the general vicinity of the alley and the subject property. The attached Exhibit "B"- shows the precise limits of the existing utility easement to be abandoned. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North: Right-of-way for Northeast 11th Avenue, then farther north is vacant residential property zoned R-2; South: Right-of-way for Northeast 10t~ Avenue, then farther south is developed commercial property (King's Cafe) zoned C-2; East: Right-of-way for Railroad Avenue, then farther east is right-of-way for the Florida East Coast Railroad; and West: Vacant commercial and residential properties zoned C-2 and R-2. Page 2 Memorandum No. PZ 03-288 ABAN 03-012 BACKGROUND The two (2) parcels that comprise the Boynton Delray Academy project surround the subject alley on both of its sides (north and south). The proposed project (COUS 03-008) consists of a charter school and related site improvements. As proposed, improvement of the lots would require the successful abandonment of the alley that dissects the middle of the property in an east / west direction. When a right-of-way, such as this alley, is abandoned, the ownership of the abandoned land is transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) or more property owners would be affected by the abandonment. This is because the right-of-way is divided in half; each half conveyed to the abutting property owners. Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the alley to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. In this case, the Boynton Delray Academy is the sole property owner of both lots (north and south) that abut the subject alley. Obviously then, the City has not received any letters of objection from the abutting owners. However, a summary of the responses from the utility companies and city staff is noted as follows: CITY DEPARTMENTS/DW[SIONS Engineering - No objection Public Works/Utilities - No objection Planning and Zoning - Approval with conditions (see Exhibit "C" - Conditions of Approval) PUBLIC UllLITY COMPANIES Florida Power, and Light - No objection Bell South - No response (see Exhibit "C" - Conditions of Approval) Florida Public Utilities Company - No response (see Exhibit "C"- Conditions of Approval) Cable Company (Adelphia) - No obJeCtion The Engineering Division of Public Works has preliminarily reviewed and approved this request for abandonment. No utilities have been found within this right-of-way. However, any issues that arise in the future would typically be addressed during the time of platting. As of the date of this report, no response has been received yet from Bell South or the Florida Public Utilities Company. RECOMMENDA'rZON Staff is recommending approval of this request to abandon the 5-foot wide alley given the lack of public necessity as determined by staff, contingent upon satisfying all comments in the conditions of approval. Any additional conditions required by the Community Redevelopment Agency and ! or the City Commission will be placed in Exhibit ,,r-,, _ Conditions of Approval. xc: Central Rle S:~Ianning~SHARED~WP~OROJECTS~oynto~ Deiray AcademyV~AN~taff Report.doc :2 C:2 · 'LOCATION' MAP 'BOYNTON DELRAY ACADEMY EXHIBIT "B" SKETCH OF LECAL LEGEND: GRAPHI'C SCAI.I~. Z_ ~o - P.O.B~ POINT ~ BEGINNING .~ N,E. 11th AVENUE . ~ / / -~ - /.IIt ~ I (20 R~ ~ ' / ~ ~'~ J S.E. CORNER oo' I / BLOCK "B" : sou~ uN~ ~;TO BOSTON ~ /~'~' ~' ~ST 116 ~0" - ~ ~ ~////////////////////~////////// CER~RCA~: (P.B. 1, PG. 123, P.B.C.R.) ~R~'S NO~ ~. . ~ ~/~ // ' ~0-1~03 ~ ~T ~' ~ NO~. PAUL ~ DA~S - ' ~ ~ ~ ~ V~ ~ ~ ~R~S ~A~ P.L~ ~ ~ ~ ~A~ ~ ~DA. SCARF"_ 1" = 50' DAVIS & PURMORT, INC.o~,,~, ~: ..~.. LB 11~307219 DATE.. 1~1~03 ~d ~eyo~ * ~d Dev~opment-Co~~ · Pl~ers I ~B N~ 03--1197 ~ (~) ~01 ~ (9~) ~9~0~ f~ (S~= I a ' '~' ' ~bdivlalona & Condominiums Lond & Site Plonning I ~ EXHIBIT "B" LECAL DESCRIPTION: THE FOLLOWING DESCRIBED PARCEL OF LAND IS FOR A -. VACATION OF RIGHT-OF-WAY, A PORTION OF THE SOUTH 5' FEET, LESS THE F.E.C. RAILWAY, MEEKS AND ANDREWS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF; AS RECORDED IN PLAT BOOK 5, PAGE 84 OF THE PUBLIC RECORDS OF PALM BEACH. COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE EAST 500' FEET OF BLOCK "B"; THENCE EAST, ALONG THE SOUTH LINE OF BLOCK "B", A DISTANCE OF 116.50' FEET TO THE POINT OF BEGINNING; THENCE EAST 116.90' FEET TO A POINT OF INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF RAILROAD AVENUE; THENCE· S07'47'02"W, ALONG THE SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 5.05' FEET; THENCE WEST, ALONG THE SOUTHERLY LINE OF SAID MEEKS AND ADDITION TO BOYNTON,. A DISTANCE OF 116.49' FEET TO A POINT; THENCE NOS'O9'25"E, A DISTANCE OF 5.01' FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 583.481 SQUARE FEET/O. 01$4 ACRES MORE OR LESS. SCALE; 1" = 50' DA VIS dc PURMORT, INC. LB tlID007219. DATE: ' 10-1~0~ ~d S~eyo~ . ~d Development.Co~~ · P]~e~ ~ NO: 03--1197 Subdivisions & Condominiums Land ~ Site EXHIBIT "C" Conditions of Approval Project name: Boynton Delray Academy File number: ABAN 03-012 Application received October 15, 2003. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Approval of this abandonment request is contingent upon the approval of X Bellsouth and the Florida Public Utilities Company. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Obtain a title opinion (ownership and encumbrance report) from a title X company that reflects public ownership. PRIVATE UTILITIES Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Delray Academy~BAN\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Delray Academy APPLICANT'S AGENT: Mr. Marty Madura with Advanced Modular Structures, Incorporated APPLICANT'S ADDRESS: 1911 Northwest 15th Street Pompano Beach, FL 33069 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 16, 2003 TYPE OF RELIEF SOUGHT: Abandon a five (5)-foot wide alley between the north and south parcels LOCATION OF PROPERTY: The northwest corner of Martin Luther King Jr., Boulevard and Railroad Avenue 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 Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP~ROJECTS\Boynton Delray Acaderny~ABAN\DO.doc IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEAC] ITEM A AGENDA ITEM REQUEST FORM Requemod City Commi,~ion Date Final Form Muat b~ Turned Requemed C~ ~aaa~ ~ F~ F~ M~ ~ T~ ~ M~ ~ ~ ~ C~ C~'s ~ M~R ~ ~ C~ Cl~'s ~ ~ 16,2~3 ~ 1,2~3~) ~ F~ 17,2~4 F~2,2~4~) J~ 6, 2~ ~ 1~, 2~3 ~) ~ ~2,2~ F~ 16, 2~ ~) 20, 2~ Jm~ 5, 2~ ~) ~ M~ 16, 2~ M~ 1, 2~ ~) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [-'] Pr~mmtation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Seltlements [] Unfininhed Bn~ness RECOMMENDATION: That the City Commission ratifies the Education Advisory Board's resolution concerning the opposition of the use of FCAT scores and will present this resolution to the School District of Palm Beach County. EXPLANATION: The FCAT has many drawbacks that are addressed in the resolution. As a charter school district, the School Board may have the abmty and the authority to use alternative a~sea~aents other than the FCAT and this resolution requests the School District to determine its testing options. PROGRAM EMPACT: The City will show its continuing concern for educational issues that affect our students and ¢omm~iilityo FISCAL IMPACT: No city money required but the quality of education and the "grading" of schools based on a single test affects our students and our commnnlty. ALTERNATIVES: Donot ratify resolution. Depamnent~/~ig~a~ ' Oi'ty M, nager's SimmCure Department Name City Attorney / Finance / Human Resources $:'~BULLE1'IN~)RMSLAGENDA ITEM REQUEST FORM. DOC RESOLUTION A RESOLUTION OF THE CITY OF BOYNTON BEACH EDUCATION ADVISORY BOARD OPPOSING THE USE OF THE FCAT SCORES AS A BASIS FOR DETERMINING STUDENT PROMOTION, EVALUATING SCHOOL PERFORMANCE, AND AWARDING MONETARY BONUSES TO TEACHERS; RECOMMENDING RATWICATION OF THIS RESOLUTION BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. WHEREAS, determining grade level promotion based on a one time, one test basis does not take into account the many variables that may affect student performance; WltEREAS, the results of the FCAT tests are not available until the end of the school year at which point instruction for the school year has ended and methods for improving student performance and remediation must wait until the following year; WHEREAS, the FCAT tests include material from the entire school year, yet are administered three months prior to the end of the school year; WHEREAS, in order for a school to receive a grade of"C" or better, many of the schools are modifying the curriculum to teach to the test; WHEREAS, a modified school curriculum that is based upon teaching to the FCAT test does not include enriching activities, student creativity, independent learning and thinking; WI~'.REAS, schools are comprised of a more affluent student population have access to the funding necessary for private tutoring and test preparation that is not available to students that attend schools in economically challenged areas; C:kDocumentz and Se~tingskfaracev. CITY.OOOkMy Documents~My DocmneaisW.,duc~tionXEABkEAB Reso - FCAT.doc WHEREAS, a well-rounded curriculum includes experiences in m-curricular programs, field study, community service, music, physical education, and fine arts that are being compromised in order to provide more time for FCAT test preparation; WHEREAS, the FCAT grading criteria has changed each year for schools and for individual student performance since the implememation of the FCAT as a basis for measuring student achievement; WHEREAS, the principals, teachers and students do not know what goal they are striving to achieve before the results are issued; WltEREAS, placing the responsibiliW 9fthe school grade on the performance of individual students on one test, places undue pressure on the individual student, their emotional health and their families; WHEREAS, The School District of Palm Beach County is a charter school district and may have the ability and the authority to use alternative assessments other than the FCAT that the State of Florida requires, NOW, TllEREFORE LET IT BE RESOLVED BY THE CITY OF BOYNTON BEACH EDUCATION ADVISORY BOARD THAT: Section 1. The foregoing "WHEREAS" clauses are tree and correct ~d hereby ratified and confirmed by the City of Bo~ynton Beach Education Advisory Board. Section 2. The City of Boynton Beach Education Advisory Board requests that the School District of Palm Beach County, a charter school district in the State of Florida, determines whether they have the ability and the authority to use alternative assessments other than the FCAT as a basis for grade level promotion. C:~Documents and 8ettings~Vh-gi~a FaraoeR~ocal 8e.i-?~Tempcrary latemet F'flesV?.ontent. IES~YNCLYSO7~EAB Reso - FCAT. doo Section 3. The City of Boynton Beach Education Advisory Board believes that the use of this test as a basis for instruction denies our students their right to a well-rounded education in a nurturing environment. Section 4. The City of Boynton Beach Education Advisory Board recommends to the School District of Palm Beach County that the FCAT test scores be used for diagnostic purposes and not be used as the primary method of student assessment of individual student progress, school and teacher performance. Section 5. Once approved, this Resolution will be forwarded to the City Commission with a recommendation for ratification and presentation to the School District of Palm Beach County. PASSEl) AND ADOPTEI) this ~t~ day of November, 2003. EDUCATION ADVISORY BOARD Member M~nber ? '_ i C:lDocuments and Settlngs'~IFtrginia FaraoeXLocal Setting\Temporary lntern~ FilesV?x~entI~\YNCLYSO'TXEAB Reso - FCAT.doo IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEA£ ITEM B. AGENDA ITEM REQUEST FL Requeated City Commi~ioa Date Final Form Must be Turned Reque~ed City Coq-~q~L~ioo Da~e Final Form Must be Turned in Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Off,ce [] D~mal~ 2, 2003 Nov~ab~17,2003(No~.) [] F~aty 3, 2004 Janmwylg, 2004(No~) [] Decemb~- 16,2003 Deomal~ 1, 2003 (Noon) [] February 17,2004 Febmary2,2004(No~m) [] January6,2004 DecemberlS, 2003(Noon) [] March2,2004 Febmaryla, 2004(Noon) NATUR~ OF [] Announ~ment [] New Bu~ness AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Cod~ ~oulplinn(:e/L~gal SeHl~t~ [] Unfinished Bn.~ine~ RgCOMM~NDATION: That the City Commission ratifies the gducation Advisory Board's resolution concerning Galaxy Elementary School being added to the School Districts Modernization List and will present this resolution to the School District of Palm Beach County. EXPLANATION: If Galaxy Elementary School is not included in this round of projects, even though half of the school's buildings were constructed 45 years ago and the "newer" buildings are experiencing mold and mildew, it may take up to IS years for these school faci~'es to he addressed. PROGRAM IMPACT: Galaxy Elementary is a coastal school that serves a population from the heart of Boynton and is situated in a highly visible and well-traff'~ked location. FISCAL IMPACT: No city money required but improving the facilities affects our students, our community image, and our revitalization efrorta ALTERNATIVES: Do not ratify resolution. ]~l~l~ibl. m~ ~ .... City 1Man.qger'~ Departn~t Nan~ City Attorney ! $:~BUI J.g-~RMb~AOENDA ITEM REQUEST FORM. DOC "Where All Children Learn and Achieve" ~4 Title One School Modernization .Issues Galax Flooding and drainage problems Low ranking with regard to the scheduling of schools to be modernized Age of the facility is more than 45 years. Severe molding and mildew issues in several classrooms Kitchen and cafeteria being among the worst in the district as it relates to size and equipment Incorrect facility opening date! District used 1970 instead of 1958. Rodent and ant problems in some buildings Several roofs that often leak causing classroom issues. 10 to 15 year waiting list as stated by district officials Galaxy. Needs Galaxy to be included in districts referendum o Representative from EAB to speak at 11/10 District board'meeting. Resolution from the City supporting this issue' RESOLUTION A RESOLUTION OF THE CITY OF BOYNTON BEACH EDUCATION ADVISORY BOARD RELATING TO THE FACILITY NEEDS OF GALAXY ELEMENTARY SCHOOL; REQUESTING ADDITION OF GALAXY ELEMENTARY TO THE SCHOOL DISTRICT MODERNIZATION LIST; RECOMMENDING RATIFICATION OF THIS RESOLUTION BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. WHEREAS, the School District of Palm Beach County is currently setting priorities for construction/modernization projects to be undertaken over the next 5 to 7 years; WHEREAS, Galaxy Elementary School did not make the list for modernization projects; WHEREAS, Galaxy Elementary School occupies a facility of which 50% was constructed 45 years ago and the School District incorrectly listed the construction date as 1970 instead of 1958; WHEREAS, the incorrect date affected the ranking of schools when others of similar age were ranked in 1999 and modernizations are scheduled for schools not as old as Galaxy Elementary; WHEREAS, according to the School District Maintenance Dept, due to age, most equipment and machinery at Galaxy Elementary can only be patched and not repaired; WHEREAS, "newer" sections of Galaxy Elementary have been severely impacted by flooding as an apparent result of 1-95 reconstruction; WHEREAS, water damage has created severe molding and mildew problems in "newer" areas such as the media center and resource rooms and the "older" kitchen and cafeteria are among the worst in the school district; WHEREAS, this coastal elementary school serves a diverse population in the heart of Boynton Beach; CADocum~mts and SeaingsWaracev. CITY.000kMy DocumentskMy DocumentsW. dm~i~kEAB~EAB Reso -GALAXY. do~ NOW, THEREFORE LET IT BE RESOLVED BY TltE CITY OF BOYNTON BEACH EDUCATION ADVISORY BOARD THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City of Boynton Beach Education Advisory Board. Section 2. The City of Boynton Beach Education Advisory Board requests that the School District of Palm Beach County adds Galaxy Elementary to the School District's Five-Year modernization list. Section 3. The City of Boynton Beach Education Advisory Board requests that the City Commission ratify and present this resolution to the School District of Palm Beach County. PASSEl) AND ADOPTED this 4th day of December, 2003. EDUCATION ADVISORY BOARD C:'~k~umenls and Settingskfa~oev. CITY.OOO~iy Documents'~ly Docmnents'~AucafionkEABkEAB Reso - GALAXY.doc The City of Boynton Beach ~Dr. Arthur Johnson Superintendent of Schools Palm Beach County School District Fulton-Holland Educational Services Center 3300 Forest Hill Boulevard West Palm Beach, Florida 33406 Dear Dr. Johnson: Among the basic ingredients for a quality education are high academic standards, a challenging curriculum, competent teachers, modern textbooks and state of the art computers, and involved parents. Something else we can add to this list is modern public school building. There have been many studies and much evidence linking the condition of school buildings to student achievement. As the newly elected Mayor of Boynton Beach, I have a concern that all the children in the community receive a quality education, and that is why I am writing to you to urge your support for the renovation of Galaxy Elementary School and to include the school as part of the planned $560 million referendum. As you know, the physical facility is well over the 35-year threshold placed on schools that the district was evaluating for its construction project list. This makes it difficult for the school to incorporate new technologies and to give students the education they need to lead us into the future. It is our understanding that the Planning Department of the School District completed its ranking schedule for schools to be modernized. There are several factors taken into consideration when calculating the ranking of a particular school. One factor among several others is the age of the facility. The Planning -2- Department of the School District listed Galaxy's opening date as 1970. However, most citizens of Boynton know that this facility opened in 1958 as Boynton Beach Junior High School. It is believed that when the ranking process was performed in 1999, this affected Galaxy's position on the ranking list. The Planning Department has recently changed the opening date to reflect 1958, however, the District states that this still does not change the school's position on the ranking schedule even with the age of a significant percentage of this facility being at least 45 years old. The School District generally looks at schools at least 35 years old for priority consideration with regard to modernization. We ask that you carefully evaluate these facts and consider the circumstances our children are facing at this school. Jonathan Kozol, the award-winning writer and education researcher, said that students who attend substandard schools get the message very quickly that in the eyes of society, they don't matter very much and that we don't expect very much of them, so that we're not going to waste much money on them. This is not a message that the citizens of Boynton Beach wish to send their children. For its part, over the past three years, the City has lead schools supply drive to ensure that students in all the City's schools have the tools they need to succeed in their academic pursuits and this year initiated a curriculum resource program to assist students in preparing for the FCAT exams. However, these are useless instruments unless we also provide a modern, safe, disciplined environment in which to learn. Members of the Boynton Beach City Commission appreciate your favorable action to benefit the students, faculty and staff at Galaxy Elementary School by ensuring that the school is placed on the construction project list. Sincerely, Cc: City Commission Educational Advisory Board City Manager IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEA ITEM C AGENDA ITEM REQUEST F na, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting: Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (N~) [ I January 20, 2004 January 5, 2004 (Noon) [ [ March 16, 2004 March 1,2004 (Noon~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing ,O~ r~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Information on extraordinary performance of City Staff EXPLANATION: Several weeks ago an incident took place at the City Cemetery that involved members of the City staff. Cemetery Workers Mark Aniki and Nancy Collett, along with Risk Manager Chuck Magazine took the lead in restoring damage to the mausoleum property, notifying family members and dealing with media inquiries. Assistant Public Works Director Christine Roberts, Forestry and Grounds Manager Glenda Hall, Public Affairs Director Wayne Segal, Public Works Director Jeff Livergood and City Attorney James Cherof assisted these staff members. Together, the staff developed an action plan to resolve a potential public health problem in a manner that was respectful of family needs and religious customs. PROGRAM IMPACT: The effort of the staff was an excellent example of teamwork and customer focus. The Cemetery Board will be asked to review roles and regulations for interment in the mausoleum. This action is expected in early 2004. FISCAL IMPACT: The costs of the City response are still being determined. It is expected that the insurer for the funeral home, casket company and the mausoleum operator will reimburse the City for costs incurred. ALTERNATIVES: None. The staff responded to an emergency situation~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETINLFORMSX, AGENDA ITEM REQUEST FORM.DOC XII, - LEGAL CITY OF BOYNTON BEA~ ITEM A.! AGENDA ITEM REQUEST F,....~.. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January6,2004 December l5, 2003 (Noon) [] March2,2004 Februaxyl6,2004(Noo~ [] January20,2004 Janua~y 5, 2004 (Noon) [] March l6, 2004 March l, 2004 (Noon) [] Administrative [] Legal NAXtr~OF [] ~nounoement [] ~ewBusiness .~. AGENDA ITEM [] City Manager's Report [] Presentation C::> [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Please place this request on the December 16, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, recommended that the subject request be approved under Legal, Ordinance - First Reading on December 2, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-246 and the accompanying ordinance. EXPLANATION: PROJECT: Sign Code Amendments - Sign Heights (CDRV 03-004) OWNER: City Initiated DESCRIPTION: Request for amendments to the Land Development Regulations, Chapter 21. Signs to provide de£mitions for monument and pole signs and establish maximum sign heights that correspond with road type. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~IS~A ~11, ~ Develo~t~De~,~en-t ~irec"6'~ - eit~ ~Vlana~e¥'s Signature / Planning and Zoning~irector -- City Attorney / Finance / Human Resources S:x~'Ianning~SHARED\WP~SPECPROJ~ign¢,Agenda Item Request Sign Code Amend. Sign Hts CDRV 03-004 2nd reading 12-16-03.dot S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. '~ 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH; REVISING CHAPTER 1, "GENERAL PROVISIONS", ARTICLE II "DEFINITIONS" TO AMEND THE DEFINITION OF "FREESTANDING SIGN" AND INCLUDE A DEFINITION OF "MONUMENT SIGN"; AMENDING CHAPTER 21, "SIGNS," ARTICLE II, "VARIANCES/EXEMPTIONS AND PROHIBITIONS", SECTION 3, "PROHIBITIONS" TO ADD PYLON SIGNS AS BEING PROHIBITED IN ALL DISTRICTS; AMENDING ARTICLE III, "SPECIAL CONDITIONS," TO CREATE A NEW SECTION REQUIRING NUMERICAL ADDRESSES ON ALL FREESTANDING SIGNS; AMENDING ARTICLE IV, "SIGNS ALLOWED" TO REVISE HEIGHT AND OTHER REGULATIONS GOVERNING FREESTANDING SIGNS IN NONRESIDENTIAL COMMERCIAL DISTRICTS, GENERALLY, AT SHOPPING CENTERS, AND IN COMMERCIAL BUSINESS DISTRICTS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City administration has reviewed a number of new site plans and to site plans in relation to signage, and issues concerning the height of g, pole, pylon and monument signs have become frequent; and WHEREAS, the City administration and the City Commission desire to assure that regulations concerning these types of signs require clarification to assure conformity with accompanying property or project and with the City as a whole; and WHEREAS, the City Commission has determined that it is in the best interest of the to amend provisions of the Sign Code for clarification and to comply with legal ; and WHEREAS, the proposed changes are not intended to have the effect of superceding programs adopted as part of the approval process for existing Planned Commercial and Planned Industrial Districts in the City; and WHEREAS, the proposed changes are not intended to create a mechanism providing the removal of nonconforming signs, as the removal of nonconforming signs is already g:\CA\Ordinances~Sign Heights 12-03.doc 1 of 7 forth in the Land Development Regulations; rather the proposed changes are designed for development and redevelopment applications and major site plan modifications; and WHEREAS, the amendments hereinafter set forth will facilitate the administration of City's regulation of freestanding pole, pylon, and monument signs in a manner which aesthetic concerns, commercial needs, and existing property rights. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby and confirmed by the City Commission. Section 2. Article II, "Definitions", Chapter 1, "General Provisions", of the Land Regulations, Part IH of the Code of Ordinances is amended as follows: FREESTANDING SIGN - A pylon monument or ground · ~v..~ ............. en n use of the property upon which it is ptac~ located. Ground- mounted signs may be supported by one or more poles. provided that the bottom of the sign or cabinet is no more than two (2') feet above grade and that the poles and complete length of the sign or cabinet are clad in the same or like material, completely to the ground. Alternatives to the cladding requirement may be considered if the design of the sign conforms to the architectural design of the building(s) MONUMENT SIGN - A freestanding sign sit,_mt_ed directly on the ground or mounted completely along the bottom of the sic.tm cabinet to a low-profile base or pedestal. :\CA\Ordinances'~Sign Heights 12-03.doc 2 of 7 Section 3. Section 3, "Prohibitions" of Article II, "Variances/Exemptions and '.," Chapter 21, Signs, of the Land Development Regulations, Part III of the Code is amended as follows: ARTICLE II. VARIANCES/EXEMPTIONS AND PROHIBITIONS Sec. 3. Prohibitions. The following signs and related equipment are prohibited in all districts: X. Pylon signs. Section 4. Article IH, "Special Conditions," Chapter 21, Signs, of the Land Regulations, Part III of the Code of Ordinances is amended to create a new ;ection 9, as follows: ARTICLE III. SPECIAL CONDITIONS Sec. 9. Numerical addresses required. The numerical address for the property shall be affixed to and be an integral and prominent part of any freestanding sign. Section 5. Section 2, "Signs allowed in commercial nonresidential districts not excluded" of Article IV, "Signs Allowed," Chapter 21, Signs, of the Land Regulations, Part III of the Code of Ordinances is amended as follows: ARTICLE IV. SIGNS ALLOWED ~:\CA\Ordinances~Sign Heights 12-03.doc 3 of 7 Sec. 2 Signs allowed in commercial nonresidential districts not otherwise The following signs are permitted and regulated in all commercial nonresidential districts not specifically set forth elsewhere in this chapter: B. One (1) double-faced fre~stamti~ monument sign advertising activity occurring on the premises. The maximum area for this sign shall be one (1) square foot of area for each linear foot of street frontage; no such sign shall exceed sixty-four (64) square feet in area. XT^ ~.. 1. For all single tenant premises four (4) acres or more in size, one (1) freestanding sign not exceeding fifteen (15) feet in height. Lots which front more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height of ten (10) feet, to be located on the additional roadway. 2. For all single tenant premises less than four (4) acres in size, one (1) freestanding sign, which shall be a monument sign. On roadways of six (6) travel lanes or more, the monument sign shall have a maximum height of twelve (12) feet. On roadways consisting of four (4) travel lanes, the monument sign shall have a maximum height of eight (8) feet. on roadways having less than four (4) travel lanes, the monument sign shall have a maximum height of six (6). feet. Circumstances, such as surrounding properties, speed limits, and project scale may justify further reductions in the maximum si~.m~ heights set forth in this subsection. Lots which front more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height of six (6) feet, to be located on the additional roadway. Section 6. Section 3, "Signs allowed in shopping centers and public use districts" ,f Article IV, "Signs Allowed," Chapter 21, Signs, of the Land Development Regulations, llI of the Code of Ordinances is amended as follows: ARTICLE IV. SIGNS ALLOWED ;:\CA\Ordinances~Sign Heights 12-03.doc 4 of 7 Sec. 3 Signs allowed in shopping centers and public use districts. The following signs are permitted and regulated for shopping centers and multiple tenant premises: B. One (1) freestanding sign, as set forth below, advertising activity conducted on the premises. The maximum area for this sign shall be one (1) square foot of sign area for each linear foot of street frontage of the lot.provided such sign does not exceed one hundred sixty (160) square feet in area or a m h':' ~"~+~ ^~ +~'~ "'~:+:"~ -^~ ...... Each sign shall include the project name and for multiple tenant projects may be used as a director3r of the businesses located in the shopping center, but shall not be used to advertise only one (1) tenant. 1. For all shopping center or multiple tenant premises four (4) acres or more in size, the freestanding sign shall not exceed fifteen (15) feet in height. Lots which fi'ont more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height often (10) feet, to be located on the additional roadway. 2. For all shopping center or multiple tenant premises less than four (4) acres in size, one (1) monument sign. On roadways of six (6) travel lanes or more, the monument sign shall have a maximum height of twelve (12) feet. On roadways consisting of four (4) travel lanes, the monument sign shall have a maximum height of eight (8) feet. On roadways having less than four (4) travel lanes, the monument sign shall have a maximum height of six (6) feet. Circumstances, such as surrounding properties, speed limits, and project scale may justify further reductions in the maximum sign heights set forth in this subsection. Lots which front more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height of six (6) feet, to be located on the additional roadway. l:\CA\Ordinances~Sign Heights 12-03.doc 5 of 7 Section 7. Section 6, "Signs allowed in the central business district" of Article "Signs Allowed," Chapter 21, Signs, of the Land Development Regulations, Part m of Code of Ordinances is amended as follows: ARTICLE IV. SIGNS ALLOWED Sec. 6. Signs allowed in the central business district. The following signs are permitted and regulated in the central business district (CBD): B. Unless otherwise superceded by overlay district regulations applicable to any portion of the premises, O~_ne (1) fi~estm,~li~ monument sign, not to exceed eighty-(g0) forty (40) square feet in area, advertising activity occurring on the premises. The maximum area for this sign shall be one (1) square foot of sign area for each one and one half (1-1/2) linear feet of' street frontage, with a maximum height of~ five (5) feet. Section 8. Conflicting Ordinances. prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to extent of such'conflict. Section 9. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or by any court of competent jurisdiction, then said holding shall in no way affect ~ of the remaining portions of this Ordinance. :\CA\Ordinances~Sign Heights 12-03.doe 6 of 7 Section 10. Inclusion in Code. It is the intention of the City Commission of the CITY OF BOYNTON BEACH, that the provisions of this Ordinance shall become and be made a part of the CITY BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be ~red or relettered and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase in order to accomplish such intentions. Section 11. Effective Date. This Ordinance shall become effective immediately after .adoption by the City FIRST READING this ~. day of 'l~e..e_m~, 2003. SECOND, FINAL READING AND PASSAGE this __ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S :\CA\Ordinances~ign Heights 12-03.doc 7 of 7 PLANNING AND ZONING MEMORANDUM NO. 03-246 TO: Community Redevelopment Agency and Planning & Development Board FROM: Michael Rumpf, Director ofPlarming & Zoning ~1,~-~ DATE: October 8, 2003 SUBJECT: Sign Code Review (CDRV 03-004) Heights and Definitions BACKGROUND The Planning & Zoning Division has been reviewing a number of new site plans and modifications to site plans recently and is continuously required to defend the City's position relative to signage, which is not supported by code. The current Land Development Regulations regarding commercial and industrial signage allows freestanding pole, pylon and monument signs up to 20 feet in height. Staff has been successful in negotiating with developers for monument signs (ground signs) at a greatly reduced height from the maximum height allowed by code, typically in the'range of 8 to12 feet, since signs of this height are more in keeping with the scale of the City as a whole and more specifically the project itself. Increasingly, developers of smaller sites have been more resistant to staff's overtures, instead looking to increase their visibility and marketability by proposing pylon signs at the maximum 20-foot limit. Additionally, several of the sites, due to being at an intersection of two sweets, would be allowed two such signs. Staff is in the midst of a complete sign code review and rewrite, timed with the greater Land Development Regulations re-write, that is proposed to address this and many other issues. However, staff is approximately six months removed from proposing new language in ordinance form. In order to provide staff the tools necessary to guide development appropriately and in keeping with Boynton's character, staff is requesting an immediate code amendment to the section(s) of the sign code regulating freestanding signs. ANALYSIS Previously, staff conducted research and reviewed the sign codes for Unincorporated Palm Beach County, Boca Raton, Delray Beach and Greenacres as comparisonsl This comparison indicated a wide range of regulations, restricting sign heights anywhere from 5-feet to 30-feet for freestanding signs. Within the last few years, staff has attempted to. influence the use of monument style signs as opposed to pole signs or pylon signs, as well as reduce the height and scale of these types of signs. Staff has attempted to create an improved community standard to guide development for the betterment of our residents and visitors alike. During this time, staff has been fairly successful in influencing the sign styles and sizes that have begun to grace our city. Several office complexes such as the Corrina Collin Center and the Medical Arts Professional Center were approved with small monument signs (6-feet and' under). Several other single tenant commercial projects such as Victoria's Closet; Krispy Kreme, Mobil on the Run and Lighthouse Academy were approved with 8-foot' tall monument signs. Even Staples was approved with a 7,foot high monument sign. Lastly, the Woolbright Plaza project, which included a four (4) story offiCe building and a Walgreens store with attached retail bays, was approved (per conditions) with two (2) 12-foot tall monument signs. These types of approvals have gone a long way to improve the visual image of the city. However, by code, .all of the examples noted above could have had a 20-foot tall pylon sign in front of the~ respective businesses. Staff has been very successful in negotiating on the City's behalf, and will continue to do so. These proposed amendments are needed to codify regulations that represent the City's current image and vision. CONCLUS IONS/RECO~E~ATIONS Understanding that a city cannot have one regulation that fits all circumstances, staff would like to propose a multi-faceted approach to freestanding signs: Eliminate pylon sign as an allowable sign type in the sign code. Pylon signs are defined as signs that are on a freestanding pole(s) or other freestanding support so that the bottom edge of the sign face is 6-feet or more above grade. Currently these signs are allowed up to a height of 20-feet. Add the definition of monument sign: a freestanding sign situated directly on the ground or mounted completely along the bottom of the sign cabinet to a Iow- profile base or pedestal. · Amend the defirdtion of freestanding sign to read: a monument or ground- mounted sign identifying the use of the property upon which it is located. Ground- mounted signs may be supported by on~ or more poles, provided that the bottom of the sign or cabinet is no more than two (2) feet above grade and that the poles ;'~' and complete length of the sign or cabinet are clad in the same or like material, completely to the ground. Alternatives to the cladding requirement may be considered if the design of the sign follows the architectural design of the building(s). · Add a requirement of all new freestanding signs, that'the numerical address be an integral and prominent part of the sign. · For a shopping center or mall of at least four (4) acres in size, that has multiple tenants, a monument sign not exceeding~ 15-feet in height may be allowed. The sign must include the project name and be used as a directory of the businesses located in the center, not for just one large tenant. If the center is located at an intersection, thereby qualifying for a second freestanding sign, said sign shall be a monument sign no greater than 10-feet in height. · For all single tenant sites and all multiple tenant sites under four (4) acres, monument signs shall be the only type of freestanding sign allowed. On roadways of 6 travel lanes or greater, a monument sign may not exceed 12-feet in height. On roadways consisting of 4 travel lanes, a monument sign may not exceed 8-feet in height. Other criteria such as surrounding properties, speed limit and scale of the project may be justification for t~ie further reduction in maximum height to a 6-foot limitation. On roadways consisting of 2 travel lanes, a monument sign may not exceed 6-feet in height. Again, special circumstances (such as those noted above) may justify a further reduction in sign height. · In the Central Business District (CBD), the only type of freestanding sign allowed shall be a monument sign that shall not exceed 5-foot in height. This limitation would help to preserve and foster the pedestrian scale of the district. However, this restriction may be superceded by related planning documents and overlay zones currently regulating signage within a portion of, or the whole,- entire district. Three (3) additional points need to be made. First, the suggested changes recommended above do not supereede the sign programs adopted as part of the approval process for existing Planned Commercial Districts (PCD) and Planned Industrial Districts (PID). Second, pending redevelopment planning efforts may lead to zoning and signage regulations tailored specifically to certain developments or corridors, which would supercede the code provisions described herein. Lastly, these proposed code amendments are designed for new development applications and extensive-major site plan modifications. It is not. intended to ere, ate a mechanism for the City to systematically eliminate non-conforming signs. However, as eun'ent codes require, once a sign is damaged in excess of 50% of its original value, it shall be made to comply with all the requirements of the code. J:XSHRDATA~PLANNING~SHARED\WP~SPECPROJ~Signs~Sign Regulations CDRV 03-004.DOC ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH; REVISING CHAPTER 1, "GENERAL PROVISIONS", ARTICLE II "DEFINITIONS" TO AMEND THE DEFINITION OF "FREESTANDING SIGN" AND INCLUDE A DEFINITION OF "MONUMENT SIGN"; AMENDING CHAPTER 21, "SIGNS," ARTICLE II, "vARIANCES/EXEMPTIONS AND PROHIBITIONS", SECTION 3, "PROHIBITIONS" TO ADD PYLON SIGNS AS BEING PROHIBITED IN ALL DISTRICTS; AMENDING ARTICLE III, "SPECIAL CONDITIONS," TO CREATE A NEW SECTION REQUIRING NUMERICAL ADDRESSES ON ALL FREESTANDING SIGNS; AMENDING ARTICLE IV, "SIGNS ALLOWED" TO REVISE HEIGHT AND OTHER REGULATIONS GOVERNING FREESTANDING SIGNS IN NONRESIDENTIAL COMMERCIAL DISTRICTS, GENERALLY, AT SHOPPING CENTERS, AND IN COMMERCIAL BUSINESS DISTRICTS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City administration has reviewed a number of new site plans and modifications to site plans in relation to signage, and issues concerning the height of freestanding, pole, pylon and monument signs have become frequent; and WHEREAS, the City administration and the City Commission desire to assure that the regulations conceming these types of signs require clarification to assure conformity with the accompanying property or project and with the City as a whole; and WHEREAS, the City Commission has determined that it is in the best interest of the community to amend provisions of the Sign Code for clarification and to comply with legal guidelines; and WHEREAS, the proposed changes are not intended to have the effect of superceding sign programs adopted as part of the approval process for existing Planned Commercial Districts and Planned Industrial Districts in the City; and WHEREAS, the proposed changes are not intended to create a mechanism providing for the removal of nonconforming signs, as the removal of nonconforming signs is already C:~Documents and Settings\breeseeXLocal Settings\Temporary Interact Files\OLK3~Sign Heights 12-03.doc set forth in the Land Development Regulations; rather the proposed changes are designed for new development and redevelopment applications and major site plan modifications; and WHEREAS, the amendments hereinafter set forth will facilitate the administration of the City's regulation of fi'eestanding pole, pylon, and monument signs in a manner which balances aesthetic concerns; commercial needs, and existing property rights. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. Article II, "Definitions", Chapter 1, "General Provisions", of the Land Development Regulations, Part III of the Code of Ordinances is amended as follows: FREESTANDING SIGN - A pylon monument or ground mounted sign --'*-:~*' -v-~ ................ v ..... ~ ..... an en n e use of ~e prope~ upon which it is ~ located. Gro~d- mo~ted si~s may be supposed by one or more poles, provided that ~e bosom of ~e si~ or cabinet is no more th~ ~o (2') feet above ~ade ~d that the poles ~d complete len~ of ~e si~ or cab~et ~e clad in ~e sine or like matedal, completely to the ~o~d. Alternatives to the clad&ng requirm~t may be considered if ~e desi~ of the si~ confo~s to the architect~al desi~ of ~e building(s). MONUMENT SIGN - A freestanding sign situated directly on the ground or mounted completely along the bottom of the sign cabinet to a low-profile base or pedestal. C:\Documents and Settings\breesee\Local Settings\Temporary Internet Files\OLK3~Sign Heights 12-03.doc Section 3. Section 3, "Prohibitions" of Article II, "Variances/Exemptions and Prohibitions," Chapter 21, Signs, of the Land Development Regulations, Part III of the Code of Ordinances is amended as follows: ARTICLE II. VARIANCES/EXEMPTIONS AND PROHIBITIONS Sec. 3. Prohibitions. The following signs and related equipment are prohibited in all districts: X. Pylon signs. Section 4. Article III, "Special Conditions," Chapter 21, Signs, of the Land Development Regulations, Part III of the Code of Ordinances is amended to create a new Section 9, as follows: ARTICLE III. SPECIAL CONDITIONS Sec. 9. Numerical addresses required. The numerical address for the property shall be affixed to and be an integral and prominent part of any freestanding sign. Section 5. Section 2, "Signs allowed in commercial nonresidential districts not otherwise excluded" of Article IV, "Signs Allowed," Chapter 21, Signs, of the Land Development Regulations, Part III of the Code of Ordinances is amended as follows: ARTICLE IV. SIGNS ALLOWED C:XDocuments and Settings\breesee~Local Settings\Temporary Interact Files\OLK3~ign Heights 12-03.doc Sec. 2 Signs allowed in commercial nonresidential districts not otherwise excluded. The following signs are permitted and regulated in all commercial nonresidential districts not specifically set forth elsewhere in this chapter: B. One (1) double-faced ff-~s~iag monument sign advertising activity occurring on the premises. The maximum area for this sign shall be one (1) square foot of area for each linear foot of street frontage; no such sign shall exceed sixty-four (64) fe lXT^ ~:~ ~1~11 1~ ~'~11~ ~-1~ t'~ .... /'., £'gfY~ C~' square et in area ...... r~ .......................... j ~..,,~ ..... 1. For all single tenant premises four (4) acres or more in size, one (1) freestanding sign not exceeding fifteen (15) feet in height. Lots which fi'ont more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height of ten (10) feet, to be located on the additional roadway. 2. For all single tenant premises less than four (4) acres in size, one (1) freestanding sign, which shall be a monument sign. On roadways of six (6) travel lanes or more, the monument sign shall have a maximum height of twelve (12) feet. On roadways consisting of four (4) travel lanes, the monument sign shall have a maximum height of eight (8) feet. On roadways having less than four (4) travel lanes, the monument sign shall have a maximum height of six (6) feet. Circumstances, such as surrounding properties, speed limits, and project scale may justify further reductions in the maximum si~ heights set forth in this subsection. Lots which front more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height of six (6) feet, to be located on the additional roadway. Section 6. Section 3, "Signs allowed in shopping centers and public use districts" of Article IV, "Signs Allowed," Chapter 21, Signs, of the Land Development Regulations, Part III of the Code of Ordinances is amended as follows: ARTICLE IV. SIGNS ALLOWED CADocuments and Settings\breeseeXLocal Settings\Temporary Internet Files\OLK3~ign Heights 12-03.doc Sec. 3 Signs allowed in shopping centers and public use districts. The following signs are permitted and regulated for shopping centers: B. One (1) freestanding sign, as set forth below, advertising activity conducted on the premises. The maximum area for this sign shall be one (1) square foot of sign area for each linear foot of street frontage of the lot provided such sign does not exceed one hundred sixty (160) square feet in area e,r a max:mum .... ~ ~*~ ~ *~ ~:*:~ ~ ...... Each si~ shall include the project nme ~d for multiple tenet projects may be used as a directo~ of the businesses located in the shopping center, but shall not be used to adve~ise only one (1) tenet. 1. For all shopping center or multiple tenant premises four (4) acres or more in size, the freestanding sign shall not exceed fifteen (15) feet in height. Lots which front more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height often (10) feet, to be located on the additional roadway. 2. For all shopping center or multiple tenant premises less than four (4) acres in size, one (1) monument sign. On roadways of six (6) travel lanes or more, the monument sign shall have a maximum height of twelve (12) feet. On roadways consisting of four (4) travel lanes, the monument sign shall have a maximum height of eight (8) feet. On roadways having less than four (4) travel lanes, the monument sign shall have a maximum height of six (6) feet. Circumstances, such as surrounding properties, speed limits, and project scale may justify further reductions in the maximum sign heights set forth in this subsection. Lots which front more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument sign having a maximum height of six (6) feet, to be located on the additional roadway. CSDocuments and Settings\breeseeXLocal Settings\Temporary Interact Files\OLK3XSign Heights 12-03.doc Section 7. Section 6, "Signs allowed in the central business district" of Article IV, "Signs Allowed," Chapter 21, Signs, of the Land Development Regulations, Part III of the Code of Ordinances is amended as follows: ARTICLE IV. SIGNS ALLOWED Sec. 6. Signs allowed in the central business district. The following signs are permitted and regulated in the central business district (CBD): B. Unless otherwise superceded by overlay district regulations applicable to any portion of the premises, Oo_ne (1) ff-~otamting monument sign, not to exceed eighty-(gO) forty (40) square feet in area, advertising activity occurring on the premises. The maximum area for this sign shall be one (1) square foot of sign area for each one and one half (1-1/2) linear feet of street frontage, with a maximum height of~ five (5) feet. Section 8. Conflicting Ordinances. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 9. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 10. Inclusion in Code. C:XDocuments and Settings\breeseeXLocal Settings\Temporary Internet Files\OLK3~Sign Heights 12-03.doc It is the intention of the City Commission of the CITY OF BOYNTON BEACH, Florida, that the provisions of this Ordinance shall become and be made a part of the CITY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 11. Effective Date. This Ordinance shall become effective immediately after adoption by the City Commission. FIRST READING this __ day of ,2003. SECOND, FINAL READING AND PASSAGE this __ day of ., 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk C:kDocuments and Settings\breesee\Local Settings\Temporary Intemet Files\OLK3\Sign Heights 12-03.doc XII. - LEGAL CITY OF BOYNTON BEA ITEM A.2 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City CommissiOn Date Final Form Must be Turned Meeting Dates in to City Clerk'S Office Meeting Dates in to City Clerk's Office December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) ~ December 16, 2003 December 1;2003 (Noon) [] February 17, 2004 February2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] lJnfmished Business RECOMMENDATION: Motion to approve an Ordinance setting forth procedure for the selection of the Vice Mayor.. EXPLANATION: Charter Section 23 describes the Vice Mayor as serving for a period of one year, but contains no details on the selection process. At the last City Commission meeting a flraft Ordinance was submitted by staff for discussion purposes and direction was provided by the Commission for redraffing of the Ordinance. PROGRAM IMPACT: This will provide a written procedure in the Code of ordinances for the selection of the Vice Mayor on an annual basis. FISCAL IMPACT: N/A ALTERNATIVES: To leave the procedure as is. ~/ ~ Department Head's Signature City Manager's Signature Department Name ~ 'ty Attor~/mance / Human Resources S:XBULLETINWORMSL~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 03- O(o~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING A NEW SECTION 2-1.2 OF THE CODE OF ORDINANCES, ESTABLISHING THE PROCEDURE FOR THE ANNUAL SELECTION OF THE VICE-MAYOR; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the position of Vice-Mayor serves an important operational and :eremonial function in the City; and WHEREAS, the Charter of the City states that the position of Vice-Mayor of the City serve in a capacity for a period of one (1) year; and WHEREAS, no current procedure is detailed in either the Charter or the Code of regarding the selection process that the Commission shall use in the appointment and WHEREAS, the City Commission deems it in the best interest of the City that the ~ition of Vice-Mayor be rotated, thereby affording both experience and opportunity to of the Commission to represent the interests of the City as Vice-Mayor. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. There is hereby created a new Section 2-1.2 of the Code of Ordinances read as follows: Sec. 2-1.2. At the second regular City Commission meeting in November of each the Commission shall appoint one of its members to serve as Vice-Mayor. Any of the Ci_ty Commission who has not previously served as Vice Mayor during his/her term of office may be selected to serve as Vice-Mayor. No second of the nomination \CA\aEsO\aevised Vice Mayor Selection.doc Page 1 uired. Voting shall occur in the following manner: Voting shall be by voice vote. Each of the Commission shall vote for one nominee in each round of voting until one ~erson obtains a majority vote. If no nominee obtains a majority in round one, there is of voting but the nominee with the least number of votes does not move on to two. If there are four nominees in round one, the nominee with the most votes wins. If one member is nominated to serve as Vice-Mayor, the Mayor shall declare the nominee ~ointed by acclamation without the necessi _ty of a vote. Section 2. Should any section or provision of this ordinance or portion hereof, any sentence or word be declared by a court of competent jurisdiction to be invalid, decision shall not affect the remainder of this ordinance. Section 3. Authority is hereby granted to codify said ordinance. Section 4. This ordinance shall become effective immediately upon passage. FIRST READING this 2_ day of '~e~C.~tlx[~-- , 2003. SECOND, FINAL READING AND PASSAGE this day of 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner IT: Commissioner Clerk Commissioner \CA\RESO\Rovised Vice Mayor Selection.doc Page 2 CITY OF BOYNTON BEA£ xII.- LEGAL ITEM A.3 AGENDA ITEM REQUEST Ft Requested City Comm/ssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~"~ December 2, 2003 November 17,2003 (Noon:) [] February 3, 2004 January 19, 2004 (Noon) ~] December l6, 2003 . December l, 2003 (Noon) [] Febmaryl7,2004 Febmary2,200n(Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 Fcbruaxy 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal N^ uRE oF [] n mo ncement [] ewBusiness AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to pass an' Ordinance amending Article III, Peusious for Police Officers, revising Sec. 18- 170 to provide for optional forms of benefits and amending Sec. 18,174 to provide:for acost of living adjuslment. EXPLANATION: This Ordinance amends the Optional Forms of benefits section to correct an omission from the restatement. The provision for the SUwiVor Annuity was not included in the restatement and is an optional benefit which has been available to the members. The cost'of living adjustment will not be paid unless the net actuarial experience l~om ail sources is positive. This revisi°n was required by the state's actuary, Charles: Slavini ' PROGRAM IMPACT: The program will improve the benefits to the pension program participants and enhance .employee retention in the Police Department. FISCAL IMPACT: The City staffhas not had an opportunity to review this proposal. However, the Police Pension Fund Actuary has indicated the changes will not result in a liability to the City's General Fund. It is reco~lended that&e City Commission approve the ordinance as first reading on December 2, 2003 and allow the Finance Director to review the report fi'om Mx. Palmquist in time for the second reading of the ordinance for December 16, 2003. The ordinances should be approved in calendar year 2003, if possible. ALTERNATIVES: Do not proceed with approval of the ordinance at this time. Department Head's Signature '" .-. l~itryM~ture Department Name /] City Attor~'/-~inance / Hmnan Resources ~:XBLILLETINWORMSX, AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- 0(o4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ARTICLE III, ENTITLED "PENSIONS FOR POLICE OFFICERS," OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; REVISING {}18-170 TO PROVIDE FOR OPTIONAL FORMS OF BENEFITS; AMENDING {}18-174 TO PROVIDE FOR A COST OF LIVING ADJUSTMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Municipal Police Officers' Retirement Trust ("Fund") Board of Trustees ("Trustees"), at the advice of its consultants, is clarifying plan language providing for the cost of living adjustment and the optional forms of and WHEREAS, the Trustees have determined that it is in the best interests of the >ants and Beneficiaries of the Fund to clarify this language; and WHEREAS, the City Commission of the City of Boynton Beach, Florida desires to its Municipal Police Officers' Pension Ordinance in order to implement this revision the Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true correct and are incorporated herein by this reference. Section 2. Chapter 18, Article III, {}18-170 of the Code of Ordinances of the City Boynton Beach, Florida, entitled "Optional Form of Benefits," is hereby amended as CODING: Words in~..-~.~t'~ ,,~._...r:,_,. type are deletion bom existing law; Words in underscored type are additions. Page 1 of 4 :\CA\Ordinanees~Pension~BBPD - DrafiXPolice Pension -optional form of benefit.doc §18-170 Optional Form of Benefits. B. The value of optional benefits shall be the actuarial equivalent of the value of benefits otherwise payable. The member shall make an election by written request to the Board, such request being retained in the Board's files. The options available to the members of the fund are as follows: (1) Life annuity. The member may elect to receive a benefit payable for the member's life only. (2) Contingent almuitant (joint and survivor option). The member may elect to receive a benefit during the joint lifetime of the member and a joint pensioner designated by the police officer, and following the death of either of them, 100%, 75%, 66 2/3% or 50% of such monthly benefit payable to the survivor for the lifetime of the survivor. (3) Survivor Annuity. The member may elect to receive a benefit during the member's lifetime and then following the death of the member, a reduced mount to a beneficiary. At the time of retirement, the member may choose a survivor benefit of 100%, 75%, 66 2/3% or 50% of the member's monthly benefit. This amount will be payable to the beneficiary for the lifetime of the beneficiary. Section 3. Chapter 18, Article III, §18-174 of the Code of Ordinances of the City Boynton Beach, Florida, entitled "Cost of Living Adjustments," is hereby amended as A. Subject to the conditions set forth in this section, the board of trustees shall annually authorize a cost of living adjustment, the amount of which shall be determined as of each September 30th. The amount of the cost of living adjustment shall be equal to the actuarial present value of future pension payments to current pensioners multiplied by the positive difference, if any, between the rate of investment return and eight and one-half percent (8.5%). The actuary shall determine whether there may be a cost of living adjustment based on the following factors: CODING: Words in staqk-e4tmm~ type are deletion fi.om existing law; Words in underscored type are additions. Page 2 of 4 :XlUA\OrdinancesXPcnsionXBBPD - DraffiPolice Pension -optional form of benefit.doc 1. The actuary for the pension fund shall determine the rate of investment return on the pension fund assets during the twelve (12) month period ending each September 30th. The rate determined shall be the rate reported in the most recent actuarial report submitted pursuant to Part VII of Chapter 112, Florida Statutes. 2. The actuary for the pension fund shall, as of September 30th, determine the actuarial present value of future pension payments to current pensioners. The actuarial present values shall be calculated using an interest rate of eight and one half percent (8.5%) a year compounded annually, and a mortality table approved by the board of trustees and as used in the most recent actuarial report submitted pursuant to part VII of Chapter 112, Florida Statutes. This will be the pool of funds available to fired the cost of living adjustment. 3. If the actuary determines there may be a cost of living adjustment, the board of trustees shall authorize such an adjustment unless the administrative expenses of distribution exceed the amount available for the distribution. 4. The cost of living adjustment shall be funded only if the present value of the pool of funds does not exceed the net actuarial experience accumulated from all sources of gains and losses. Section 4. It is the intention of the City Commission of the City of Boynton that the provisions of this Ordinance shall become and be made a part of the Code of of the City of Boynton Beach, Florida. The Sections of this ordinance may be re-lettered and the word "Ordinance" may be changed to "Section", "Article" or word or phrase in order to accomplish such intention. Section 5. All Ordinances or parts of ordinances, Resolutions or parts of in conflict herewith be and the same are hereby repealed to the extent of such Section 6. If any clause, section, or other part or application of this ordinance be held by any court of competent jurisdiction to be unconstitutional or invalid, such CODING: Words in ~ type are deletion from existing law; Words in underscored type are additions. Page 3 of 4 ,:\CA\Ordinances~Pension\BBPD - Draflh°olice Pension --optional form of benefit.doc or invalid part or application shall be considered as eliminated and so not the validity of the remaining portions or applications remaining in full force and Section 7. This Ordinance shall become effective when the foregoing changes to benefits has been ratified by the collective bargaining unit(s) representing the Police or their successor organization. FIRST READING this ~. day of "~e-.~m ~ ,2003. SECOND, FINAL READING and PASSAGE this day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner CLERK Commissioner SEAL) CODING: Words in ~ type are deletion from existing law; Words in underscored type are additions. Page 4 of 4 of bene~fit.doc ciTy OF BoYNTON BE3 clxli.- ll 6AI. AGENDA ITEM REQUEST FO IT :M Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk,s .Office :. ~ December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) · ]~J December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 'February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to pass an Ordinance amending Article IH, Pensions for Police Officers, to provide for amendment t° the monthly supplemental benefits. EXPLANATION: This Ordinance provides a monthly supplemental benefit to be distributed among retirees from the excess monies received pursuant to Section 185, Florida statutes. PROGRAM IMPACT: The program will improve the benefits to the pension program participants and enhance employee retention in the Police Department. FISCAL IMPACT: The City staffhas not had an oppommity to review this prop6sal. However, the PoliCe peusion Fund Actuary has indicated the changes will not result in a liability to the City's General Fund. It is recommended that the City Comrrfission approve the ordinance as first reading on December 2, 2003 and allow the Finance Director to review the report from Mr. Palmquist in time for the second reading of the ordinance for December 163 2003: 'The ordinances should be approved in calendar year 2003, if possible. ALTERNATIVES: Do not proceed with approval of the ordinance at this time. Department Head's Signature C~ty Manager s Signature _ Department Name ~/- City Atto~[/y / Finance / Hmnan Resources S:~B~ORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O3 - O (o~"' AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ARTICLE III, ENTITLED "PENSIONS FOR POLICE OFHCERS," OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR MONTHLY SUPPLEMENTAL BENEFITS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR, SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach, Florida, presently has a retirement plan and fund for police officers; and WHEREAS, the Board of Trustees ("Trustees") of the Boynton Beach Municipal Officers' Retirement Trust Fund ("Fund") desires to amend the City Code to amend monthly supplemental benefit; and WHEREAS, the ordinance has been reviewed by the actuary for the Fund and a copy impact statement has been filed with the Division of Retirement in Tallahassee; and WHEREAS, the City Commission of the City of Boynton Beach, Florida has this amendment will benefit the citizens of the City of Boynton Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true correct and are incorporated herein by this reference. Section 2. Chapter 18, Article III, §18-169(F) of the Code of Ordinances of the of Boynton Beach, Florida, entitled "Requirements for Retirement-Benefit Amounts," is amended as follows: §18-169 Requirements for Retirement - Benefit Amounts. CODING: Words in ~ type are deletion fi:om existing law; Words in underscored type are additions. Page 1 of 4 ;:\CA\Ordinances~Pension~BBPD - DraftX,Police Pension - monthly supplemental benefit.doc F. Monthly Supplemental Benefits. 1. Effective October 1, 2006, any retiree, including DROP participants, or beneficiary receiving pension benefits is entitled to a monthly supplemental pension benefit. The benefit pool will be funded by 100% of the earnings and 10% of the principal created by the contributions set forth in paragraph $ 4_ below. 2. Beginning October 1, 2003, 100% of the excess money received pursuant to Chapter 185, Florida Statutes, ("185 money") each calendar year in excess of the base amount of $465,087, plus one percent (1%) of payroll annually to fund the benefit as provided in para~aph 4, plus any 185 money held in reserve, shall be distributed to all current retirees, including DROP participants, or beneficiaries receiving benefits. These supplemental benefit payments will be distributed according to the formula set for in paragraph 3. Thi,q distribution is in addition to the benefit provided for in paragraph 1 which shall begin October 1, 2006. ~.. 3_:. The benefit pool shall be divided according to the total number of years of service rendered by all retirees, with a cap of 20 years. The shares will be divided on a pro-rata basis on the following schedule: 20 or more years of service 100% 19 years of service 95% 18 years ofservme 90% 17 years of service 85% 16 rears of service 80% 15 years of service 75% 14 years of service 70% 13 years ofservme 65% 12 years of service 60% 11 years of service 55% 10 years of service 50% 9 years of service 45% 8 years of service 40% 7 years of service 35% 6 years of service 30% 5 years of service 25% Duty Disability 100% Nonduty Disability Based on above schedule Beneficiary Based on ~ CODING: Words in ~ type are deletion fi:om existing law; Words in underscored type are additions. Page 2 of 4 ,:\CA\OrdinancesLPension\BBPD - Draft~Police Pension - monthly supplemental benefit.doc ~c.-~,;..~,o benefit number of years of retiree's service ~. 4_=. Such benefit will be funded by a 1% contribution from the Members and a 1% contribution fi.om the ~;*-' ~*'*"~'+; ...... ;+~' +~'~ 185 ~..~,: ..... ~.~ ~ e ~q ~tmr~ ~e Member ~d ~ 185 conffibutions shah be effective October 1, 2001. the ~st. Sa!! ~c~ fcl! i g ,~. ~rr~,:..~ ~,. ~r ,h:~ ~:~,. E ploy will pe ow n ............................. m ecs conffibute to this benefit ~ou~ 20 ye~s of se~ice. · 5. ~2~ These benefit5 shall be payable monthly ~ a p~ of the re~lg mon~ly pension benefit. ~e benefit shall be payable to the retiree, including DROP p~icipants, or ~d ~y beneficiau eli~ble to receive benefits as a result of the death of a retiree. ~e benefit shall cease upon ~e death of the ~ retiree or benefici~, whchever is the last s~iving pension recipient. Section 3. It is ~e intention of the City Co~ission of ~e City of Boston · at the provisions of ~s ~din~ce shall become and be made a p~ of the Code of of the City of Boston Beach, Florida. ~e Sections of ~s ordin~ce may be re-leVered and the word 'Ordin~ce" may be ch~ged to "Section", "~cle" or other word or p~e in order to accomplish such ~tention. Section 4. All Ordin~ces or p~s of ~d~ces, Resolutions or p~s of >lutions ~ conflict herewith be ~d the sine ~e hereby repealed to the extent of such conflict. Section 5. If ~y clause, section, or other p~ or applicgion of tbs ~ce shall be held by ~y co~ of competent jurisdiction to be unconstitutional or invalid, such ~constitutional or inva~d p~ or application shall be conSidered as eliminated ~d so not CODING: Words in ~ type are deletion fi.om existing law; Words in underscored type are additions, Page 3 of 4 ;:\CA\Ordinances~ension~BBPD - Draft~olice Pension - monthly supplemental benefit.doc the validity of the remaining portions or applications remaining in full force and Section 6. This Ordinance shall become effective when the foregoing changes to benefits has been ratified by the collective bargaining unit(s) representing the Police Employees, or their successor organization. FIRST READING this ~ day of '~-e..~[3~(' ,2003. SECOND, FINAL READING and PASSAGE this day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner CLERK Commissioner CORPORATE SEAL) CODING: Words in stdhoq~rq~gh type are deletion from existing law; Words in underscored type are additions. Page 4 of 4 :\CA\Ordinances~Pension~BBPD - Drafi~Police Pens/on - monthly supplemental benefit.doc X~'I. - LEGAL ITEM B.~. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noo~)2~ [] January20,2004 Janua, 5, 2004 (Noon) [] March l6, 2004 March l, 2004 (Noon) ~:} [] Administrative [] Legal -O NATURE OF [] Announcement [] New Business Ztg AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing ~ [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Please place this request on the December 16, 2003 City Commission Agenda under Legal, Ordinance - First Reading. The City Commission with a unanimous vote, recommended that the subject request be approved under Public Hearing on December 2, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-226. EXPLANATION: PROJECT: Mangrove Walk Alley (ABAN 01-004) AGENT/OWNER City Initiated LOCATION: 600 & 700 block of NE 8a Avenue and NE 9th Avenue DESCRIPTION: Request for abandonment of a 15-foot wide alley within the Lake Addition to Boynton subdivision. PROGRAM IMPACT: FISCAL IMPACT: ALTERNA~~~ lJ ev~(plme~t~D ep ax:tm~nt Director ~ignature J Planning and Zoning Dir~,e~ City Attorney / Finance / Human Resources S:~Planning~SHARED\WPXPROJECTS~Mang~AIIey Abandonment,Agenda Item Request Mangrove Walk Alley ABAN 01-004 1 st readingl 2-16-03.dot S:~BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING ABANDONMENT OF AN UNIMPROVED 15-FOOT WIDE ALLEY RUNNING EAST-WEST IN BLOCK 4, LAKE ADDITION TO BOYNTON SUBDIVISION (ABAN 01- 004); CONVERTING AND RESERVING A 15-FOOT WIDE UTILITY EASEMENT EQUIVALENT IN WIDTH AND LOCATION TO THE EXISTING ALLEY BEING ABANDONED; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is requesting abandonment of an 15-foot wide alley right-of-way located between N.E. 8th Avenue and N.E. 9th subject to staff comments and the reservation of a utility easement equal in size and to the alley right-of-way being abandoned; and WHEREAS, comments have been solicited fi.om the appropriate City Departments, public heatings have been held before the City's Planning and Development Board, and City Commission on the proposed abandonment; and WHEREAS, the properties located on the north and south sides of the alley segment be abandoned are developed with single-family residences, and it is the City's intention to the 15-foot wide alley as the adjacent properties were not improved to utilize the alley therefore, the alley right-of-way provides no public service for access purposes; and WHEREAS, the 15-foot wide alley will be converted to a utility easement equivalent width and location to the existing alley; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated by this reference. Section 2. The City Commission of the City of Boynton BeaCh, Florida, does abandon a 15-foot wide alley located between N.E. 8th Avenue and N.E 9th Avenue, Beach, Palm Beach County, Florida, subject to staff comments and any easements of and more particularly described in the attached Exhibit "A." A location map is hereto as Exhibit "B." S:\CA~Ordinances'd~bandonmentsV~bandon - Mangrove Walk Alley.doc Section 3. A perpetual utility easement equivalent in width and location to the being abandoned is hereby reserved, granted, and conveyed to the City of Boynton and any public or private utility for purposes of the placement, installation, removal, and repair of utilities, such as water, wastewater, stormwater, electric, :ations, and cable television, over, along, through, in, above, and under that parcel of land situated, lying, and being in Boynton Beach, Palm Beach County, as more particularly described in Exhibit "A" and as depicted on Exhibit "B" Section 4. The City Manager is hereby authorized and directed to execute the Disclaimer and cause the same to be filed, with this Ordinance, in the Public of Palm Beach County, Florida. Section 5. This Ordinance shall take effect immediately upon passage. FIRST READING this __ day of ,2003 SECOND, FINAL READING AND PASSAGE THIS day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk S:~A.\Orclinances~AbandonrnentsL6,bandon - Mangrove Walk Alley.doc EXHIBIT "A" A 15-foot alley lying in Block 4 of Lake Addition to Boynton, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 15-foot wide alley running east-west in said Block 4, being bounded on the east by the west right-of-way line ofN.E. 7th Street, on the west side by the northerly projection of lot 27 of said Block 4. In. == t 75.0 feet Mangrove Walk Alley EXHIBIT,~:" DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, 71ofida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a 15-foot wide alley, located between N.E. 8th Avenue and N.E. 9th Avenue, and more )articularly described in the attached Exhibit "A". IN WITNESS WItEREOF, the duly authorized officers of the City of Boynton 3each, Florida, have hereunto set their hands and affixed the seal of the City this __ :lay of January 2004. ~TTEST: CITY OF BOYNTON BEACH, FLORIDA anet Prainito Kurt Bressner, City Manager ity Clerk OF FLORIDA ) )SS: OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, known to me to be the persons described in and who executed the foregoing and acknowledged the execution thereof to be their free hand and deed as officers, for the uses and purposes mentioned therein; that they affixed thereto the seal of said corporation; and that said instrument is the act and deed of said WITNESS my hand and official seal in the said State and County this __ day of 2004. NOTARY PUBLIC, State of Florida My Commission Expires: S:~CA\Ordinances'~Abandonments~langrove Walk Alley.doc EXHIBIT "A" A 15-foot alley lying in Block 4 of Lake Addition to Boynton, as recorded in Plat Book I 1, Page 71, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 15-foot wide alley running east-west in said Block 4, being bounded on the east by the west right-of-way line ofN.E. 7th Street, on the west side by the northerly projection of lot 27 of said Block 4. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-226 TO: Chairman and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf(~~ Planning and Zoning Director FROM: Maxime Ducoste-Am~d6e I~' Planner DATE: November 12, 2003 SUBJECT: Abandonment of a 15-foot wide alley running east-west in Block 4, Lake Addition to Boynton (ABAN 01-004). NATURE OF REQUEST The City of Boynton Beach is requesting abandonment of an unimproved 15-foot wide alia d ht-of wa Io between. N.E. 8~h Avenue and N.E. 9~ Avenue. This abandonment is for the followino unimYm~gv~=~ aiievy cated segmenc .. r , A 15-foot alley lying in Block 4 o~ Lake Addition to Boynton, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 15--foot wide alley running east-west in said Block 4, being bounded on the east by the wast right-of-way line of N.E. 7a Street, on the west side by the northerly projection of lot 27 of said Block 4. The location map attached as Exhibit "A" shows the general vicinity of the alley right-of'way to be abandoned. The attached Exhibit 'B"- 'Proposed Abandonment' is a survey of the subject property, which indicates its proximity to adjacent properties. The following is a description of the zoning districts and land uses of the properties that sUrround the subject request. North - A single-family neighborhood, zoned R-l-A, and farther north, is N.E. 9~ Avenue right-of- way;, South - A single-family neighborhood, .zoned R-l-A, and farther south, is N.E. 8~ Avenue right-of- way;, East - A single-family neighborhood, zoned R-l-A; and West - An auto repair business (ND Auto Repair shop), zoned C-4; , BACKGROUND in March of 1925, the Plat of Lake Addition to Boynton was approved. It included several alleys dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion if not used as such. Page2 Memorandum No. PZ 03-226 ABAN 01-004 The properties located on the north and south sides of the alley segment to be abandoned are developed with single-family residences. The applicant (City of Boynton Beach) has ~e intention of vacating the 15-foot wide alley because adjacent properties were not improved to utilize the alley and it therefore provides no public service for access purposes. The 15-foot wide alley as shown on the survey will be converted to a utility easement equivalent in width to the existing alley. When abandoned the alley segment will revert to the adjacent property owners. It should be noted that the City had previously abandoned an alley segment running north and south within the same block, which connects to the alley segment subject to this request. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right-of- way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works/Utilities - Approval with conditions (see Exhibit 'C") Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - Approval with conditions (see Exhibit 'C") Bell South - Approval with conditions (see Exhibit 'C") Florida Public Utilities Company - Approval with conditions (see Exhibit 'C") Cable' Company (Adelphia) - Approval with conditions (see Exhibit 'C') Cable Company (Comcast) - N/A RECOMMENDATION Staff finds that the subject alley provides no public puq~ose except for utilities, and therefore recommends that this request to abandon the 15-foot wide alley as described above, be approved, subject to the comments included in Exhibit'C' - conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit 'C' - Conditions of Approval. xc: Central File ~*~~Wl~PROJ~ngrm~ Nley Abandonmen{~M~ 01-004~staff refx~Ld~ I in. = 175.0 feet Mangrove Walk Alley EXHIBIT"A" EXHIBIT "C" Conditions of Approval Project name: Mangrove Walk Alley File number: ABAN 01-004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. The proposed replacement easement shall be no less in width than the X existing alley. The fifteen (15) foot wide alley shall be replaced with a fifteen (15) foot wide utili~ easement. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Conunents: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all legal entities occupying said easement. PRIVATE UTILITIES Comments: 3. Adelphia has no objections to the abandonment as long as Adelphia X facilities are granted the proper easement. 4. Florida Power & Light has no objections to the abandonment as long as X FloridaPower & Light facilities are granted the proper easement. A minimum ten-foot wide utility easement shall be required. 5. Florida Public Utilities Company has no objections to the abandonment X as long as F.P.U.C. facilities are granted the proper easement. F.P.U.C. has underground gas distribution located within the limits of the proposed abandonment. 6. Bellsouth has no objections to the abandonment of the alley right-of-way. X Bellsouth shall require a utility easement. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. DEVELOPMENT ORDER OF THE cITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mangrove Walk Alley Abandonment APPLICANT'S AGENT: Dale Sugerman, Assistant City Manager - City of Boynton Beach APPLICANT'S ADDRESS: 100 E. Boynton Beach Bird, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of that 15-foot alley lying in Block 4 of Lake Addition to Boynton, as recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 15-foot wide alley running east-west in said Block 4, being bounded on the east by the west right-of-way line of N.E. 7~h Street, on the west side by the northerly projection of lot 27 of said Block 4. LOCATION OF PROPERTY: Block 4 of Lake Addition to Boynton DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 uC" 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 8:~PI~ HARED~WP~PROJECTS~Aangrove Walk NleyV&BAI, ADO.doc XlI. - LEGAL ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Motion to pass an Ordinance designating the City Seal as the official seal of the City, pursuant to Chapter 165.043, Florida Statutes. EXPLANATION: Chapter 165.043, Florida Statutes allows the governing body of a municipality, by ordinance, to designate an official municipal seal, and regulates the manufacture, use, display or other employment of any facsimile or reproduction of the municipal seal, except by municipal officials or employees in the performance of their official duties, without the express approval of the governing body to be a second degree misdemeanor, punishable as provided in s. 775.082 and 775.083, Florida Statutes. The City Commission is presented with two options: Option 1 is the City logo (Sailfish) which is currently being used on City letterhead and on various advertising documents, and Option 2 is the corporate seal which is currently being used on official city documents. The Commission may choose to continue using the corporate seal and so designate that as the official seal, or designate Option 1 (Sailfish) as the official city seal. PROGRAM IMPACT: FISCAL IMPACT: If Option 1 (the Sailfish) is designated as the official City seal, a new seal will have to be purchased and will be affixed to all official City documents. ALTERNATIVES: Designate Option 2 as the Official Seal of the City and continue to use that seal on all official City documents. Department Head's Signature '~ City Manager's Signatur/IV Department Name /] City Attomes/~ ~inahce / Human Resources S:LBULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 03- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, DESIGNATING THE CITY SEAL AS THE 5 OFFICIAL SEAL OF THE CITY OF BOYNTON BEACH; 6 PROVIDING FOR CONFLICTS, SEVERABILITY, 7 CODIFICATION AND AN EFFECTIVE DATE. 8 9 10 WHEREAS, Chapter 165.043, Florida Statutes allows the governing body of 11 municipality, by ordinance, to designate an official municipal seal; and 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida, 14 esires to designate it's seal as the official seal of the City of Boynton Beach; and 15 16 WHEREAS, pursuant to Chapter 165.043, Florida Statutes, the manufacture, 17 display or other employment of any facsimile or reproduction of the municipal seal, 18 by municipal officials or employees in the performance of their official duties, 19 the express approval of the governing body is a second degree misdemeanor, 20 e as provided in s. 775.082 and 775.083; 21 22 WHEREAS, the City Commission of the City of Boynton Beach has 23 that the adoption of an ordinance designating the City Seal as the official seal is ~4 the best interests of the citizens of the City of Boynton Beach, and protects the integrity of 5 ; 26 27 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of 28 , Florida, as follows: 29 30 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 true and correct and are hereby made a specific part of this Ordinance upon adoption 32 33 34 SECTION2. That pursuant to Chapter 165.043, Florida Statutes, the City of 35 Beach does hereby designate the City seal as the official seal of the City of Boynton 36 and that the manufacture, use, display or other employment of any facsimile or 37 of the county of municipal seal, except by county or municipal officials or 38 in the performance of their official duties, without the express approval of the 39 body is a second degree misdemeanor, punishable as provided in s. 775.082 and 40 A copy of the official seal for the City of Boynton Beach is attached as Exhibit 41 'A". 42 43 SECTION 3. Should any section, provision, paragraph, sentence, clause of word of 44 or portion hereof be held or declared by any court of competent jurisdiction to be 45 or invalid, in part or application, it shall be considered as eliminated and shall /t6 affect the validity of the remaining portions or applications of this Ordinance. 1 ',:\CA\OrdinancesLa-dministrative~geal Ordinance.doc 1 2 SECTION 4. That all Ordinances or parts of Ordinances, Resolutions or parts thereof 3 conflict herewith, be and the same are hereby repealed to the extent of such conflict. 4 5 SECTION 5. It is the intention of the City Commission of the City of Boynton Beach, 6 ' ' of this Ordinance shall become and made a part of the Code of ordinances of 7 City of Boynton Beach, Florida, and that the Sections of this Ordinance may be renumbered, 8 and the word "Ordinance" may be changed to "Section," "Article" or other word or 9 in order to accomplish such intention. 10 11 SECTION 6. This Ordinance shall become effective immediately upon its passage 12 adoption. 13 14 FIRST READING this day of ., 2003. 15 SECOND, FINAL READING AND PASSAGE this __ day of , 16 17 g004. 18 CITY OF BOYNTON BEACH, FLORIDA 19 20 21 Mayor 22 23 24 Vice Mayor 25 26 27 Commissioner 28 29 30 Commissioner 31 32 33 Commissioner 34 ;T: 35 36 37 Clerk 38 39 40 41 42 2 :\CA\Ordinances~Adminislmfive~Seal Ordinance. doc OPTION 1 OPTION 2 XII'!-UNFZNZSHED BUS]'NESS ~TEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (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: City Commission review of appointment of Chairs of Quasi-Judicial Boards EXPLANATION: The Commission may wish to review appointment of the chair of other quasi_judicial advisory boards as well. Please see the memorandum dated November 20, 2003 fi.om the City Attorney attached hereto, which states that the City Commission may select the chair of all quasi-judicial boards except the Code Compliance Board. It is recommended that the City Code sections for these boards be amended if the City Commission opts to assume appointment responsibility for the chairs of these boards. The boards are as follows: Building Board of Adjustment & Appeals; Community Redevelopment Agency; Nuisance Abatement Board; and Planning and Development Board. Per present code, the City Commission appoints the Chair and Vice-Chair of the Community Redevelopment Agency. Per FSS 162.04 (4), the chair of the Code Compliance Board shall be selected by the members of the Code Compliance Board. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Make no changes at this time. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC X~II-UNFZNI'SHED BUSZNESS ITEM A. CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FOlx ,l Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final : Turned Meetin in to City Clerk's Office Meeting Dates in Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 Janu~ (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 2, 2004 (Noon) [] January 6, 2004 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 Januar .~004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] [] Legal c:> ~'*~ NATURE OF [] [] New Business AGENDA ITEM [] City [] Presentation [] Consent [] Public Hearing oO ~.-< [] Code complianc{ [] Un£mished Business RECOMMENDATION: City Commission Chair to another member of the %~A. EXPLANATION: Former Mayor Broening ' this item after September 16, 2003 City Attofi~y memorandum (attached hereto). Based on the ~ may, at its option, re-designate the positions of Chair and Vice-Chair of the Commtmit, Commission. The current members and terms of the CRA members are as follows: Name Term Ends Alexander DeMarco 6/20/06 Donald Fenton 1/10/06 Larry Finklestein - Chair 1 / 10/05 Charles Fisher 6/20/04 Jeanne 1/10/05 Michelle Hoyland 1/10/04 Henderson Tillman 1/10/05 This item is on the Cil~ Commission agenda to discuss possible rotation of the CRA Chair to member of the CRA Board. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Make no changes at this time. However, the Commission may wish to review appointment of the chair of other quasi-judicial advisory boards as well. Please see the memorandum dated November 20, 2003 from the City Attorney attached hereto, which states that the City Commission may select the chair of all quasi-judicial boards except the Code Compliance Board. It is recommended that the City Code sections for these boards be amended if the City Commission opts to assume appointment responsibility for the chairs of these boards. , ] ~.~ Department Head's Signature ~ ;nager's Signature Department Name x.~ City Atto{glt~/Finance / Human Resources S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH MEMORANDUM TO: Mayor Gerald Broening Members of the City Commission FROM: James A. Cherof, City Attorney fl~/~ RE: Community Redevelopment Agency DATE: September 16, 2003 I am aware that the following question may be posed by the City Commission: Can the City Commission re-designate the Chairperson of the Community Redevelopment Agency during the term of the Chairperson? Short Answer: Yes Analysis: Chapter 163, part III, Florida Statutes contains the provisions for the creation of the Community Redevelopment Agency and the appointment of the governing body of that agency. Section 163.356(3)(c) contains the following provision regarding the designation of a chair and vice chair: The governing body of the county or municipality shall designate a chair and vice chair... Section 2-13.2 codifies the Community Redevelopment Agency appointment provisions and provides that the City Commission shall select by majority vote the chairman and vice-chairman of the Board of Commissioners of the Community Redevelopment Agency. The enacting ordinance which established the Community Redevelopment Agency and the amending ordinances thereto contain no further limitations or restrictions regarding either the appointment or term of the chairperson. Absence such restriction and in light of the statutory language reserving designation power to the City Commission, I am of the opinion that the City Commission can re-designate the chair and vice chair of the Community Redevelopment Agency at the City Commission's discretion. Conclusion: The chair and vice chair of the Community Redevelopment Agency serve at the discretion of the City Commission and the City Commission has the authority to re-designate the positions from the members of the Community Redevelopment Agency. JAC/lmf C:~Documents and Settings~lamannar. CITY~Local Settings\Temporary Internet Files\OLK120'qvlemo to Corem re CRA.doc Memorandum TO: Honorable Mayor and City Commission Kurt Bressner, City Manager FROM: James Cherof, City Attorney ~ DATE: November 20, 2003 RE: Quasi-Judicial Boards The following constitutes the City's quasi-judicial boards, with a summary of how the chairperson is selected: 1. Building Board of Adjustment & Appeals 2. Code Compliance Board 3. Community Redevelopment Agency 4. Nuisance Abatement Board 5. Planning & Development Board 6. City Commission Selection of the Chair of the boards is reserved to the City Commission with one exception: the chair of the Code Compliance Board shall be selected by members of the compliance board, pursuant to Florida Statute 162.05(4). S:\CA\COMM~2003 memos\Quasi-Judicial Boards Memo.rtf