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Agenda 01-20-04 The City of Boynton Beach 100 E, Boynton Beach Boulevard · (561)742-6000 City Commission AGENDA JANUARY 20, 2004 Jerry Taylor Mayor At Large Bob Ensler Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBI.]C PART~CTPAT/ON AT CI'rY OF BOYNTON BEACH COMMTSSTON MEETTNGS THE AGENDA: -there is an official agenda for every meeting of the City Commissioners, which determines the order of dsiness 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. SPEAKTNG AT COMMISSTON MEEI/NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · 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 :i:tems: Any citizen may speak on any official agenda item(s) listed on the agenda alter a motion has been made and properly seconded. · ADDRESSTNG THE COMMTSSTON: 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 .lanuary 20, 2004 6:00 P.M. CLOSED-DOOR SESSION OF THE CITY COMMISSION on Tuesday, 3anuary 20, 2004 at 6:00 p.m. in Conference Room B at City Hall Re: City of Boynton Beach, Petitioner, vs. Frank 3anots, et. al, Respondents Case No. 50 2003 CA 010606 xx EDAJ OPENTNGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Cantor Ivan Perlman, Temple Beth Kodesh C. Pledge of Allegiance to the Flag led by Commissioner Ensler D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. Announce the accomplishment of the Recreation & Parks Department Ocean Rescue Division becoming a United States Lifesaving Association (USLA) certified agency 2. United Way's Prosperity Program regarding Earned Income Tax Credits 3. March 2, 200~, City Commission Meeting Cancelled B. Community and Special Events: 1. HeritageFest - February 3 - February 29, 2004 Agenda Regular City Commission MeeUng Boynton Beach, Florida 3anuary 20, 2004 C. Presentations: 1. Proclamations: a. Four Chaplains Sunday - February 1, 2004 ZV. PUBLZC AUD:[ENCE: :[ND:[VZDUAL SPEAKERS W:[LL BE U:MTI'ED TO 3-M:[NUTE 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. ADMZNISTRA1TVE: A. Accept resignation from Trene Emmert, Regular Member of the Education Advisory Board B. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date ~ McKoy Advisory Bd on Children & Youth Alt 1 yr term to 4/04 Mayor Taylor Advisory Bd on Children & Youth Stu/NonVoting ! yr term to 4/04 II! Ferguson Advisory Bd on Children & Youth Stu/Voting ! yr term to 4/04 Tabled (2) !V McKoy Education Advisory Board Reg 2 yr term to 4/05 Mayor Taylor Education Advisory Board Stu i yr term to 4/03 IV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) Mayor Taylor Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) I Ensler Nuisance Abatement Board Reg 2 yr term to 4/05 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. Special 3oint Meeting of December 17, 2003 between City Commission and CRA 2. CTP Workshop of December 19, 2003 3. Agenda Preview Conference of January 2, 2004 4. Regular City Commission Meeting of January 6, 2004 2 Agenda Regular City Commission Meeting Boynton Beach, Florida January 20, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Award the "PURCHASE OF TWO NEW AND UNUSED FRONT LOADING SOLTD WASTE COMPACT]ON UNITS, MOUNTED ON A CLASS 8 DIESEL POWERED CHASS]:S," Bid #019-2516-03/JA to GREAT SOUTHERN PETERBILT, ]:NC. of Jacksonville, Florida, for a total expenditure of $275,591.40 2. Award RFQ FOR MEDICAL D]:RECTOR TO OVERSEE THE EMERGENCY MED]:CAL SERVICES AS PROV]:DED BY F]:RE RESCUE/EMTS, PARAMED]:CS AND LIFEGUARDS," RFQ #020-2210-04/JA, to Dr. Kenneth Scheppke, M.D., of Jupiter, Florida, in the amount of $24,504 (Proposed Resolution No, R04-009) 3. Approve the list of qualified Respondents from the Request for qualifications (RFQ) #007-2821-04/C3D, "Design/Building Services for the Expansion of the West Water Treatment Plant" 4. Award ]:nvestment Banking Services for the proposed 2004 Public Service Tax Bond ]:ssue to Raymond James & Associates in the amount of $52,329 5. Approve purchase of additional user license for laptop computer mapping for Police Department from Charles River Technologies in the amount of $24,195 (sole source) C. Resolutions: 1. Proposed Resolution No. R04-010 Re: Renaming "Beta Drive" within the Quantum Park PTD to "The Watershed Way" 2. Proposed Resolution No. R04-01! Re: Agreement for Water Service Outside the City Limits with Elda Molina for the property at 1112 Ridge Road, Lantana, Florida (Lot 16, Ridge Grove) 3. Proposed ResoluUon No. R04-012 Re: Agreement for Water Service Outside the City Limits with Joaquin and Eufemia Valentin for the property at 1191 Peak Road, Lantana, Florida (Lot 255, Ridge Grove Addition No. 1) 4. Proposed ResoluUon No. RO4-013 Re: Agreement for Water Service Outside the City Limits with Lois Marcinkoski for the property at 1065 Ridge Road, Lantana, Florida (Lots 33, 34 & 35, Ridge Grove) 5. Proposed Resolution No, RO4-O14 Re: Agreement for Water Service Outside the City Limits with John and Alice Lund for the property 3 Agenda Regular City Commission Meeting Boynton Beach, Florida .lanuary 20, 2004 at 1156 Highland Road, Lantana, Florida (E. 1/2 of Lot 99 & Lot 100, Ridge Grove) 6. Proposed Resolution No. R04-0:15 Re: Agreement with Florida Tnland Navigation District (F.:[.N.D.) in furtherance of an approved waterway assistance project D. Ratification of Planning & Development Board Action: 1. Venetian Villas (NWSP 03-02:1), South side of Southwest 23~ Avenue (Golf Road), approximately 600 feet east of Congress Avenue - Request for new site plan approval for 50 fee-simple townhomes on a 4.69-acre parcel in an R-3 zoning district ('TABLED BY COAfAf.[$$.ro/v_ 0~/06/04) E. Ratification of CRA Action: 1. Fire Station #4 (NWSP 03-024), 1919 South Federal Highway - Request for New Site Plan approval for a fire station on a 1.90-acre parcel in a PU zoning district 2. Fire Station #4 (CDPA 03-003)~ 1919 South Federal Highway - Request for an appeal of the Land Development Regulations, Chapter 9, Section 11..1., to permit overhead bay doors to face Federal Highway for Fire Department apparatus bays F. Accept written report to Commission of purchases over $10,000 for the months of November and December 2003 for informational purposes G. Approve the "SURPLUS VEHTCLE/EC~U:[PMENT I_[ST" as submitted by Public Works Department and allow for the sale of same H. Approve full release of surety covedng the water system for the project known as Verzaal Farms and return the cash surety to the developer (the Verzaal Family Limited Partnership) I. Approve full release of surety covering the sewer system for the project known as Burger King at Woolbright Place and return the cash surety to the developer (The Westwind Group, :[nc.) .1. Authorize the use of Community ]:nvestment Funds for HeritageFest VZ]'. CODE COMPUANCE & LEGAL SETTLEMENTS: None Agenda Regular City Commission Meeting Boynton Beach, Florida January 20, 2004 VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMI'rS A. Project: Boynton Delray Academy (COUS 03-008) ('TABLED B Y COIOllff I$$IOIV - 12/18/03) Agent: Marty Madura Owner: Keith D. Kern Location: Northwest corner of Martin Luther King, .lr. Boulevard and Railroad Avenue Description: 'Request Conditional Use approval for a primary/secondary Charter School IX. CITY MANAGER'S REPORT: None X. FUTURE AGENDA/'rEMS: A Strategic Planning Session (February 27, 2004) B. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (February 2004) C. Additional Property Tax Assessment Exemption for :Income Eligible Senior Citizens per FSS 196.075 (May 2004) D. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance ('rBA) E. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) F. Proposed Lease Agreement with Boynton Woman's Club (TBA) XI. NEW BIJSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 04-001 Re: Abandonment of a segment of a 5-foot east/west alley (right-of-way) extending west from Railroad Avenue (Boynton Delray Academy) 5 Agenda Regular City Commission Meeting Boynton Beach, Florida 3anuary 20, 2004 B. Ordinances- 1~ Reading None C. Resolutions: 1. Proposed Resolution No. 04-016 Re: Notice of Intent for Zoning in Progress- IPUD D. Other: 1. City Attorney request for executive session regarding: City of Boynton Beach, Petitioner, vs..lanet Hall, et. al, Respondents Case No. 2003 CA 005485 AE XIII. UNFINISHED BUSINESS: None XIV. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATFER 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 ENJOY THE BENEFITS OF A SERVICE, PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PP~OR TO THE PROGRAM OR ACTWlrry IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA1/16/2004 12:24 PM S:\CC\WFACCAGENDA~AGENDAS\YEAR 2004\012004 FINAL AGENDA.DOC 6 I~Zt'.-ANNOUNCEMENTS & PRESENTATI'ONS CITY OF BOYNTON BEACI Item A.1 AGENDA ITEM REQUEST FO ,. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to CiW 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: Announce the accomplishment of the Recreation & Parks Department O~ea~ Rescue Division becoming a United States Lifesaving Association (USLA) certified agency, c~ EXPLANATION: The USLA Certification Program was developed to certify the standards and programs of open water (beach) providers. PROGRAM IMPACT: This program allows the Ocean Rescue Division to conduct in-house training of lifeguards, using our own staff. To be certified, the USLA requires that training be conducted in manner consistent with USLA standards. This system is used by some of the most respected lifeguards agencies. It is highly recommended for beach lifeguard agencies that prefer to conduct their own training and to tailor it to local conditions, while demonstrating that they meet national standards. FISCAL IMPACT: $250 for application process. ALTERNATIVES: n/a ~'~ De~"-artme~ ~ Cl~~M~~gnature RECREATION & PARKS Department Name City Attorney / Finance / HumanResources S:kBULLETIN~FORMSkAGENDA ITEM REQUEST FORM.DOC Palm Beach County Prosperity Campaign .... Ill.-ANNOUNCEMENTS & PRESENTATIONS Item A.2 LeJeune, Carisse From: administrator@unitedwaypbc.org Sent: Thursday, January 15, 2004 4:36 PM To: Hawkins, Wilfred Subject: Palm Beach County Prosperity Campaign Prosperity Campaign, Aimed at Helping Low- Income Families, Has Official Kick-Off For Immediate Release Contacts: Dianne Laubert United Way of Palm Beach County (561) 375-6667 Prosperity Campaign to Help Low-Income Families and Individuals Begins in Palm Beach County Prosperity Campaign Expected to Bring Millions to Palm Beach County BOYNTON BEACH, Fla., Jan. 15, 2004 - United Way of Palm Beach County and its partners Internal Revenue Service (IRS), Quantum Foundation and the Palm Beach County Board of County Commissioners officially kicked off the Prosperity Campaign for the upcoming tax season at a press conference this morning. The Prosperity Campaign is aimed at helping Iow-income residents receive Earned Income Tax Credits. Many residents who earn less than $35,000 a year are entitled to these credits, but many people do not know about them. In addition to the major partners, Children's Services Council, mayors from ni ne local municipalities and others who have promoted the Prosperity Campaign were also at the press conference. Last year, $11.5 million went unclaimed in Earned Income Tax Credits in Palm Beach County. This upcoming tax 1 / 16/2004 Palm Beach County Prosperity Campaign Page 2 of 3 season, United Way of Palm Beach County has teamed up with its partners to make sure people are aware of Earned Income Tax Credits. Even those who do not normally earn enough to file their taxes are eligible for the credits. Tax filers may be able to get an Earned Income Tax Return of up to $4,204. In 2001, the average amount of earned income credits many Iow-income filers received was $1, 742. "The potential positive economic impact of this campaign can reach into the millions of dollars flowing into our county and our local communities, "said Eileen Boyle, executive vice president, United Way of Palm Beach County. "Families and individuals will have more money to put food on the table, pay for housing, bills and other expenses." </P> Part of the Prosperity Campaign includes places called Volunteer Income Tax (VITA) Centers, where those who earn less than $35,000 a year can have their taxes done for free. There are 30 VITA Centers in Palm Beach County that will be open during the tax season from January 15, 2004 to April 15, 2004. The Centers will be open daily, including evenings and weekends. Spanish and Creole speaking staff will also be at the Centers. VITA Centers have been strategically placed in areas where Iow-income families live. To find a VITA Center, residents in Palm Beach County may call 2-1-1, a referral and information hotline, or (561) 383-1111. United Way of Palm Beach County received a $90,000 grant from Quantum Foundation and a $50,000 grant from the Palm Beach County Board of County Commissioners to help expand the Prosperity Campaign and impact the lives of Iow-income working families in Palm Beach County. With the funding, United Way opened 18 new VITA Centers. United Way of Palm Beach County also has distributed flyers with information about the Prosperity Campaign to the various organizations in the community. This week, the organization also distributed public service announcements to local radio and television stations, furthering their efforts to publicize the Prosperity Campaign and to make certain those who will benefit from Earned Income Tax Credits learn about the program. Like the flyers, the Public Service Announcements were produced in English, Spanish and Creole. Many municipalities are supporting the Prosperity Campaign and 1 / 16/2OO4 PalmBeach County Prosperity Campaign Page 3 of 3 are helping to spread the word by passing out fliers, publicizing information in city newsletters and mailings. Volunteers from the community will staff VITA Centers. The IRS has trained and certified all staff. Many volunteers have accounting or tax backgrounds already. Office Depot has 15 employees and the National Association of Black Accountants (NABA) has almost two dozen members who will be volunteers at various VTTA Centers. United Way of Palm Beach County works with the entire community to identify the most pressing needs, bringing together businesses, nonprofits, volunteers and neighborhood associations to focus on what matters - results that change lives in our community. To volunteer, invest, or for more information, call United Way of Palm Beach County at (561) 375-6600 or visit ~ww.u~itedw~¥pb~.gEg. what matters,tm I Community Partners I Volunteer Center I Community Investment Copyright © 2003 United Way of Palm Beach County l~~'T~RAC ~'t This message was sent to hawkinsw@¢i.boynton-beach.fl.u$ If you no longer wish to receive these messages, p!9~se c!!ck h~e~re to unsub~c__ri.b~. 1/16/2004 IZI.-ANNOUNCEf4ENTS & PRESENTATIONS ~tem B.1. 2004 HeritageFest Schedule of Events* 2/3 & 2/4 Walker Bros. Circus 5:30 & 7:30 P.M. Hester Center 2/7 Story Hour 12:30-1:30 P.M. Library Program Room Essay Oratory 1:30-2:30 P.M. Library Program Room Spelling Bee 2:30-3:30 P.M. Library Program Room Book Fair 1:30-4:00 P.M. Library Lawn 2/8 Coronation 3:00 P.M. Holiday Inn Catalina 2/15 Family Bowl 4:00 P.M. AMF Lanes 2/21 Youth B-ball Tournament 8:00 A.M. Hester Center Gym Art, Science Fair 12:00-4:00 P.M. Boynton Beach Mall 2/22 Youth B-ball Final 10:00 A.M. Hester Center Gym Youth Awards Banquet 6:00 P.M. Holiday Inn Catalina 2/27 Carnival 6:00 P.M. MLK Blvd. Caribbean Celebration 6:00 P.M. MLK Blvd. 2/27-29 Carnival 6:00-11:00 P.M. Hester Center (Open during day time hours Sat. & Sun.) 2/28 Parade 11:00 A.M. Seacrest Blvd. Festival on the Lawn 1:00-7:00 P.M. Hester Center Old School Dance Party 7:00-11:00 P.M. Hester Center (Featuring Peaches & Herb) 2/29 Gospel/Art ExPlosion 3:00 P.M. Hester Center Fashion Show/Spoken/Word *as of 12/29/03 WHEREAS, February 1, 2004 will mark the 61st Anniversary of the sinking of the troopship SS Dorchester, which carried to their deaths four Chaplains of three faiths who stood united in prayer as the ship went down; and WHEREAS, these four Chaplains - Roman Catholic, Jewish and Protestant gave their own life jackets to four soldiers and thus sacrificed their own lives to save the lives of others; and WHEREAS, it is fitting at a time when the freedom of the world is imperiled that the City of Boynton Beach, Flodda should give special recognition to the memory of those who sacrificed their lives for the cause of freedom; and WHEREAS, the heroic deed of the four Chaplains and their combined act of supreme devotion and sacrifice for American liberty and human freedom will be an inspiring and ever-shining example of real brotherhood for all time to the people of the wodd; and WHEREAS, we must all see to it that their supreme sacrifice to the common cause of freedom and justice for all shall not have been in vain. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim Sunday, February 1, 2004 to be observed as: "FOUR CHAPLAINS SUNDAY" And call upon all our citizens to commemorate the day with appropriate observances in public places and by prayers in their homes and houses of worship. 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 20u, day of January 2004. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:\CC~WF~CCAGENDA~rodamations\Year 2004~Four Chaplains - 2004.doc · .~x~¥NTON VETERANS COUNCIL msn~o AMmCA~ V~~A~S ~OST V~T~.~A~S O~ ~Om~ WA~S ~S~S ~0,~0 a JEWISH WAR VETERANS POST 440,KOREAN WAR ltEART POST 687 January 8t~, 2004 The Honorable Mayor Jerry Taylor Mike Ferguson, Vice Mayor Kurt Bressner, City Manager Janet Pminito, City Clerk Marshall Gage, Police Chief All City Commissioners The Veterans Council would be honored by Your presence at the "4 Chaplain Ceremony" on Sunday, February l~t, 2004 at 7pm at the Lutheran Ascension Church on Seacrest Avenue. We would also appreciate if a City Official would present the Proclamation that evening and would speak a few words (about 5 Minutes) on behalf of the City °fBoynton Beach. A confirmation would be welcomed. BOYNTON VETEI NS COUNCIL AMERICAN LEGION POSTS 164 & 288, DISABELED VETERANS POST 152. VETERANS OF FOREIGN WARS POSTS 101'50 &5335, JEWISH WAR VETERANS POST 440 MILITARY ORDER OF THE PURPLE HEART'POST 687, KOREAN WAR VETERANS UNIT 17 RICK PRINCE, CHAIRMAN CHARLES STRAUSS, SECRETARY 334 NW 7~ COURT 5669 CARUSO COURT # 103 BOYNTON BEACH, FL 33426 BOYNTON BEACH,FL 33437 561-737-3876 561-374-9159 December 13,2003 ]:z ~/~ ¢' To Jerry Taylor, Mayor on Mike Ferguson, Vice Mayor c'~ Kurt Bressner, City Manager cn ,/'Janet Prainito, City.Clerk Marshall Gage, Police Chief AH City Commissioners ~-=. '~. Boynton Beach City HaH 100 E Boynton Beach Blvd. Boynton Beach, FL 33435 The BOYNTON VETERANS COUNCIL will be observing the "4. Chap~ Cere'mony' on SUNDAY, FEBRUARY 1sr, 2004 at the LUTHE~ AS--~N$iON CHURCH, ~9 StntcresgBlvd, At-7pm. We would like to invite the Mayor and aH City officials to join us. this evening. It would also be apprecmted if the City would. ~U~ a p ~ ~.r~e!a~..?iOn in ~on. or of thta day and ~ent;-T-.~Mayor is invited to present the proclamation during the Ceremony, PI~ ~~~ date and ~e the Proclamation will ~/~..~ md, Directly after the concinsio, n light refreshments will be served to all the attendees. We shall look forward to seeing you then. Any questions you might have please contnct the chairman or me. VI.-CONSENT AGENDA ITEM B.1. CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FO ttv 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 (Noo6~' ..~--< [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March I, 2004 (Noon) Z [] Administrative [] Legal cn NATURE OF [] Announcement [] New Business Zll: AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing ~ '~--~c~ [] Code Compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: A motion to award the" PURCHASE OF TWO (2) NEW AND UNUSED FRONT LOADING SOLID WASTE COMPACTION UNITS, MOUNTED ON A CLASS 8 DIESEL POWERED CHASSIS", Bid#019- 2516-03/JA to GREAT SOUTHERN PETERBILT, INC. of Jacksonville, Florida, for a total expenditure of $ 275~591.40. EXPLANATION: On December 10, 2003, Procurement Services opened and tabulated thirteen (13) bids. All bids were reviewed by the Fleet Department, and it is determined that of the thirteen bids, none of the vendors met the specifications as written. The recommended vendor, Great Southern Peterbilt, Inc. is the lowest bid, considering it includes an additional option of an Auto Lube System with a value of $2,800.00. Robert H. Lee, Fleet Administrator concurs with this recommendation (see attached memo #03-0177). PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for two (2) new and unused front loading solid waste compaction units, mounted on a class 8 diesel powered chassis. The budgeted dollars for this purchase is $288,774.00, with a cost savings to the City of $13,182.60. FISCAL IMPACT: Funding is allocated in the FY2003/2004 budget is follows: Account Description Account Number Budget Vehicle Purchases 501-2516-519-64-33 $288,774.00 Deputy Director of Financial Services - ~ty Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.D C: Robert H. Lee, Fleet Administration Jeffrey Livergood, P.E., Public Works Director Christine Roberts, Assistant Public Works Director Larry Quinn, Solid Waste Manager File RECEIVED JAN 0 7 2OOq DEPARTMENT OF PUBLIC WORKS PROCUREMENT SERVICES Memorandum No. 03-177 (Revised) To: Bill Atkins, Deputy Director of Finance Procurement Services Thru: Jeffrey Livergood, P.E., Public Works Directo~-/- Christine Roberts, Assistant Public W~a{'ks Director Larry Quinn, Solid Waste Manager p~'~/ From: Robert H. Lee, Fleet Administrator(~gt Date: December 22, 2003 Subject: Great Southern Peterbilt, Inc. Bid # 019-2516-04/JA After reviewing all bids submitted for the "Purchase of Two (2) New and Unused Front Loading Solid Waste Compaction Units, Mounted on a Class Eight Diesel Powered Chassis", Bid #019-2516-04/JA for the Solid Waste Division, ! have concluded that our best interest would be to award the bid to Great Southern Peterbilt, Inc. of Jacksonville, Florida, taking the funds from account number 501-2516-519-64-33. I have reviewed the thirteen (13) submitted bids. Of these thirteen (13) bids, no one vendor met the bid specifications as written. All took variances of some degree in the body, or the chassis & cab. I am recommending the bid be awarded to Great Southern Peterbilt, Inc. at a total bid of $275,591.40, the lowest most responsive bid of the thirteen (13) bids listed on the tabulation sheet considering it includes an additional option for an Auto Lube System (a value of $2800.00). The alternate bid of $274,625.40 submitted by Great Southern Peterbilt, Inc. was for a Labrie Refuse body, and the bid of $275,408.00 submitted by Palm Peterbilt - GMC Trucks, Inc., did not include the Auto Lube Systems. If the Auto Lube System option were deducted from the bid value of the selected bid, it would make this bid with the New Way body the lower by thousands of dollars. Each of the new Front Load Trucks is quoted at $137,795.70, for a total of $275,591.40 for the two complete units. The budgeted dollars for this purchase is set at $288,744.00, therefore saving the City $13,182.60 from the budgeted amount for the two (2) units. RL/aa Bid Proposal Continued... PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicato how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifiealions for the sum of: PURCHASE OF TWO (2)~NEW AND UNUSED FRONT LOADING SOLID WASTE. COMPACTION UNITS, MOUNTED ON A CLASS EIGHT DIESEL POWERED CHASSIS $ 137,795.70 X 2 $ ;?S,~tO-~yFromt. oaderSoOy EACH UNIT TOTAL AMOUNT -~ ~ ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the producl/servic¢ will be completed/delivered within __ calendar days l~om thc date o£ thc Purchas~ Order From the City.. (Production Subject to Peterbilt Production a~ time of award) Number of Bid Proposals submitted Spccification "check-off" sheets (Pages 4- 14)submitted Yes/No Warranty Information Enclosed? Yes/No THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE,CONSIDERED COMPLETE AND ACCEPTABLE 26 Bid Proposal Continued... PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: ~z~osnoo3 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its p~ovisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separatc proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of: PURCHASE OF TWO (2) NEW AND UNUSED FRONT LOADING SOLID WASTE COMPACTION UNITS, MOUNTED ON A CLASS EIGHT DIESEL POWERED CHASSIS $ l,~?,zl;.?o* X 2 $ EACH UNIT TOTAL AMOUNT ~PR/CE DOES NOT/NCLUDE AUTO LUBE**** ^~ PRICES ]~.O.S. q~Y~rrpN BEACH It is £uabcr agreed ~ba~ thc pmducl/sc~vicc will bc completed/delivered wi(h~ __ caic~dur days imm ~c duic ~£ L~c ?m'chase Order 1~m ~c Ci(y. (Production Subject to Peterbilt Production at time of award) Number o£Bid ?ropO$~]s submitted 4 fipecification "chcck-o~' sheets (Pagc~ 4- ]4)submitted Yes/No W~ran~ ];d'orr~t~o. ~.nclor~i? Yes/No THIS PAGE TO BE SUBMITTED IN ORD, ER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 26 Great Southern Peterbilt, Inc. Bid ?foposalCoafiaued... PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum off PURCHASE OF TWO (2) NEW AND UNUSED FRONT LOADING SOLID WASTE COMPACTION UNITS, MOUNTED ON A CLASS EIGHT DIESEL POWERED CHASSIS $ 14z, zoz.?o' X 2 $ ~2,els~to'- ~ EACH UNIT TOTAL AMOUNT. ~t~ tNb_UteS ntffO rttt~-$ 2,78~.00 ALL PRICES F.O.B. BOYNTON BEACH It is £urther agreed that the product/service will be completed/delivered within ~ calendar days from thc date of thc Purchase Order from the City. (Production Subject to Peterb~ Proclu~ at #nm of aw'ard ) Number of Bid Proposals submitted 4 Specification "check-off' sheets (Pages 4- 14)submitted z Yes/No Warranty Information Enclosed? z Yes/No THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 26 Bid Proposal Continued... PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH~ FLORIDA To All Bidders: Date: ~z,o~aoo., The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) arc to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum off PURCHASE OF TWO {2) NEW AND UNUSED FRONT LOADING SOLID WASTE COMPACTION UNITS, MOUNTED ON A CLASS EIGHT DIESEL POWERED CHASSIS $ 144,470.70 X '2 $ 258,94f.40-W/~3 EACH UNIT TOTAL AMOUNT **:PR.7;C.E, i*3TC'.T.,UD'~$ 3.TJ"~O T, EYJ~***$,~2 , 800. O0 AI.I. PRICES F,0.B. BOYNTON BEACH 90-f45 Days ARO It is £urthcr agreed that thc product/service will bc completed/delivered within ~ calendar days from thc 'date o£the Purchase Order lmm the City. (Pmduc#on Subject to Peter~/t Product/on at #me of award) Number &Bid Proposals submitted '~ Specification "check-off" sheets (Pages 4- 14)submitted v Yes/No Warranty Information Enclosed? Yes/No THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 26 Oreat .~uthern Peterbilt, Inc. BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City):November 13, 2003 Bid Title: PURCHASE OF TWO (2) NEW AND UNUSED FRONT LOADING SOLD WASTE COMPACTION UNITS, MOUNTED ON A CLASS EIGHT DIESEL POWERED CHASSIS Bid Number: 019-2516-04/JA Bid Received By: December 10, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled fox. December 10, 2003, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter ~d codes of the City. · Name of Vendor: ~,.~ southern t,~n,n,m, Federal I.D. Number: 5s.~o4~4s~ A Corporation of the State of: morida Area Code: 32~ Telephone Number: Area Code: 352 FAX Number:. 357-2398 Mailing Address: 5~rs w. City/State/Zip: a~en~a~, rtor~, Vendor Mailing Date: Authorized Signature Dave Mello~t-Vocatfonal Fleet Manager Name Typed THIS PAGE TO BE SUBMITTED ALONG 'WITH PROPOSAL 25 Great $ouO~ern Pete~b/,'t, Inc.. ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) · SS COUNTY OF PALM BEACH ) 1, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of girl, directly or indirectly by me or any member of my rum or by an officer of the corporation. NAME- SIGNATURE Sworn and subscribed before me this sm day of ~tx~r ,20 0~ Printed In formation: NA/VIE Vocational Fleet Manager NOTARY PUBLIC, State of Florida or~ souttnm tn~t~ thc. at Large COMPANY ...,~ a · ~... I~owa~ie Moore q..: '..'.- MYCOMMI$$1ON# DD06842~ EXPIRES ~'5~ ~' ~ ~°q,,~'~ aONDED mRU TROY FAIN INSURANCF., INC "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 28 Great Southern Peterbilt, Inc. Bid Proposal Continued... ~U-Pe~rbat Mode~-320 CAB & CHASSIS MANUFAC323RER CAB & CHASSIS MODEL COMPANY NAME SIGNATURE Dave ~ PRlNTED NAME (s2~ ). s~-~97~ vo~..~...r-~~ TELEPHONE NUMBER TITLE Tins PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 NOT/APP. STATEMENT OF NO BID If you arc not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ~n~t sou#~n ~n;tn~. ADDRESS: ~75 w. ~.rS~r~t Jacksonville, Florida 32254 TELEPHONE: SIGNATURE: DATE: WE, thc undcrsign2d havc declined to bid on your Bid ~01~251~04/JA for P~CHASE OF TWO ~2) NEW ~D UNUSED FRONT ~~G SOLi~ WASTE CO.ACTION ~ITS~ MO~D ON A CLASS EIGHT following r~o~: Specifications too '~i~t", i.e., gc~d towed br~d or m~ufacm~r only (expl~ below) ~sufl~cient ~c to respond to ~ ~vitation ~ Bid We do not offer this p~duct or an equivalent O~ p~duct s~h~dul~ wo~d not pe~t us to p~rfo~ Unabl~ to m~t space, cations Unabl~ to me~ bond r~quff~ments Specifications ~cl~ (~xplain b~low) ~h~r (~i~ bolow) ~~S: IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO PROC UREMENT SERVICES CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BDS Preference shall be given to businesses with drug-flee workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drag-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the fled vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying thc actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith eflbrt to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 30 CONFIRMATION OF MINORITY OWNED BUSLNESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes Your e°mpany. Remm this form with your bid proposal sheet making it an official part of your bid response. ( ) AMEmCAN n~rDIn~ ( ) ASIAN ( ) ~LAC~ '( ) mS~'ANqC ( ) WOMEN ( ) OTb'ER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"?. YES NO ~ If YES, name the Organization from which this certification was obtained and date: Ismdng Organization for Certification Date of Certification great Sou/hem Peterb~t, ln~ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 29 VT.-CONSENT AGENDA ITEM B.2. 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) [] Februa~ 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 [] Un£mished Business RECOMMENDATION: Motion to award "RFQ FOR MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE RESCUE/EMTS, PARAMEDICS AND LIFEGUARDS", RFQ # 020-2210-04/JA, to Dr. Kenneth Scheppke, M.D., of Jupiter Florida in the amount of $24~504.00. EXPLANATION: On December 18, 2003, the Procurement Services received and opened one RFQ. The sole respondent, Dr. Scheppke, has been our Fire Rescue Department's Medical Director for the past three years and Deputy Chief Ness has been pleased with his professionalism. The total annual contract amount is for $ 24,504.00 ( 2,042.00 x 12 = $24,504.00 ). CONTRACT PERIOD: JANUARY 20, 2004 TO JANUARY 19, 2007 PROGRAM IMPACT: The Medical Director will oversee the emergency medical services as provided by Fire Rescue, Paramedics, and Lifeguards, as well as other departmental administrative functions. The Medical Director will be an independent contractor supervising and accepting responsibility for the medical performance of Emergency Medical Technicians, (EMT's), Paramedics, and first responders/Lifeguards, functioning in the Fire and Emergency Medical Services Department and the Parks and Recreation Department under applicable provision of Florida Statues, Section 401.46. FISCAL IMPACT: ACCOUNT NUMBER/NUMBER: BUDGETED AMOUNT OTHER CONTRACTUAL SERVICE~[.~ ~ #001-2210-522-34-51 4,504.00 Deputy Director of Financial Services City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSLa~GENDA ITEM REQUEST FORM.D C: Chief Bingham Deputy Jim Ness File RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFQ #020- 2210-04/JA PROVIDING FOR MEDICAL DIRECTOR 'TO OVERSEE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE RESCUE/EMTS, PARAMEDICS AND LIEFEGUARDS TO DR. KENNETH SCHEPPKE, M.D.; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on December 18, 2003, Procurement Services received and opened (I0 RFQ, The sole apPlicant, Dr. SCheppke, has been our Fire Rescue Department's Director for the past three years and it is the recommendation of staff that the be awarded to Kenneth A. Scheppke, M.D.; and WHEREAS, the City Cominission, upon recommendation of staff, deems it to be the best interests of the citizens and residents of the City of Boynton Beach to award RFQ (#020-2210-04/JA), to Kenneth Ao Scheppke, M.D., providing for overseeing I~he Emergency Medical'Services as provided by Fire Rescue/EMTS, Paramedics and and to enter into an agreement between the City of Boynton Beach and A. Scheppke, M.D., in the amount of $24,504.00, a copy of which is attached NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City CommiSsion of the City of Boynton Beach, Florida, upon ;:\CA\RESO~AgreemenLs\Bid Awards\RFQ - Medical Director.doc >n of staff, hereby approves the award of RFQ (#020-2210-04/JA), and to into an agreement between the City of Boynton Beach and Kenneth A. Scheppke, in the amount of $24,504.00; authorizing the City Manager to execute a contract, a of which is attached hereto. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner CommiSsioner Commissioner Clerk J Awards~RFQ - Medical Director:doc EMERGENCY MEDICAL SERVICE DIRECTOR CONTRACT APPENDIX A THIS CONTRACT, entered into on January 20~ 2004, between the CITY OF BOYNTON BEACH, Florida (hereinafter "City") and Kenneth A. Scheppke, M.D,. (hereinafter "MEDICAL DIRECTOR") for Emergency Medical Services Director, is entered into subject to the following terms and conditions: The City of Boynton Beach and Kenneth A. Scheppke, M.D. hereby agree that the terms of this Contract provide an outline of the working relationships and responsibilities of the CITY and the Medical Director for the City's Emergency Medical Services Program (EMS), which is a part of the CITY'S Municipal Fire Department. The items in this Contract in the following Sections are aimed at identifying the MEDICAL DIRECTOR'S general relationship with the CITY, his responsibility for supervising the direct medical related activities of the EMS program, and the MEDICAL DIRECTOR'S responsibility for local training and certification of the Paramedics. The Contract further supports the principle that the MEDICAL DIRECTOR will receive support from the Fire Department Administration and will direct his requests for equipment and equipment assignments; manpower and manpower assignments; and supplies of the Fire Department Administration and recognizes that assignments to the Paramedic Program will be made by the Fire Chief in accordance with the overall resources and needs of the Fire Department. 1. The CITY hereby contracts with the MEDICAL DIRECTOR and the MEDICAL DIRECTOR accepts this contract as MEDICAL DIRECTOR for the CITY OF BOYNTON BEACH Emergency Medical Services Program under the provisions of Section 401.46, Florida Statutes, and the applicable rules of any governmental agency implementing said Chapter or other established duties required to be performed by said MEDICAL DIRECTOR, or upon notice from the CITY that such additional duties have been established by the Florida Department of Health and Rehabilitative Services. It is recognized that the MEDICAL DIRECTOR'S contract with the CITY preserves MEDICAL DIRECTOR'S right to practice as an independent physician at all times. 2. The MEDICAL DIRECTOR shall accept responsibility for the medical performance of the Emergency Medical Technicians, Paramedics, Lifeguards and Certified Emergency Medical Dispatchers employed by the CITY and serving in the Emergency Medical Services Program of the City Fire Department, herein referred to as EMS. The Medical Director shall be responsible directly to the City Manager; however, nothing herein shall in any way authorize any limitations or restrictions by the City Manager on the professional acts or advice of the Medical Director. 3.The Fire Chief, through the Department staff and operation procedure, will establish Department policy for equipment and equipment assignment, and for supply purchase and use. The MEDICAL DIRECTOR, in conjunction with the Fire Chief, shall establish dispatch procedures and priorities. The Fire Chief will establish Department policy for manpower assignment in conjunction with recommendations made by the MEDICAL DIRECTOR C1 4.The MEDICAL DIRECTOR shall perform all services required pursuant to Chapter 401, Florida Statues; Section 401.46, Florida Statutes; Chapter 64E-2, Florida Administrative Code; duties and regulations promulgated by the Florida Department of Health and Rehabilitative Services; and all present rules and regulations of any governmental agencies implementing said Chapter or other established duties required to be performed by said MEDICAL DIRECTOR. 5.The MEDICAL DIRECTOR shall serve as the Fire Department's physician for purposes of advising the Fire Chief on matters pertaining to occupational safety and health. MEDICAL DIRECTOR shall serve as the MEDICAL DIRECTOR for the City's Life Guards, who may be certified as Emergency Medical Technicians. 6. The MEDICAL DIRECTOR agrees to both directly and indirectly supervise and accept responsibility for the medical performance of Emergency Medical Technicians, Certified Emergency Medical Dispatchers, and Paramedic functioning for the EMS and shall have full authority to direct and supervise the medical activities in the field, in training and for certifications. Such supervision shall be accomplished by, but not limited to: A. Actual accompaniment of Paramedics and EMT's on rescue calls. B. Monitoring of radio transmissions to and from hospital emergency departments and related facilities. C. Review of incident reports and associated documentation, and D. Conference and/or meeting in both individual and group situations. E. Review of standard operating procedures and protocols involving multi-agency responses to medical emergencies. These duties will be performed periodically by the MEDICAL DIRECTOR at his/her convenience as often as is necessary to insure that proper medical standards and procedures are being followed. Cost for supplying necessary in-service instruction material will be assumed by the CITY and the material will become the property of the CITY. Further the EMS Coordinator shall be the MEDICAL DIRECTOR'S agent for purpose of quality assurance pursuant to Florida State Statute. 7. The MEDICAL DIRECTOR shall have the services of the Departmental training program, facility and staff to assist in carrying out training requirements for the EMS. MEDICAL DIRECTOR shall participate in daily in-service training scheduled by the Fire Department. 8. The MEDICAL DIRECTOR shall be eligible as a member as defined under Section IV. Members of the Agreement between the City Of Boynton Beach and Florida as Municipal Liability Self-Insurance Program. Coverage under this agreement shall be limited to the scope of duties as MEDICAL DIRECTOR for the City Of Boynton Beach Fire Department as outlined in Florida Statute, Section 401.46 and Florida Administrative Code, Chapter 64E-2, as set forth in Exhibit "A" to this Agreement. The MEDICAL DIRECTOR shall provide the C2 Fire Chief with written reports as required by Fire Chief regarding efficiency, effectiveness, and general performance of the CITY's Emergency Medical Services System. 9. The provider shall indemnify and save harmless the MEDICAL DIRECTOR from any and all liability for acts or omissions committed by the MEDICAL DIRECTOR while acting in the capability as Medical Director of the Boynton Beach Fire Department, but said indemnification shall be to the extent only of any amount due and owing from the MEDICAL DIRECTOR which exceed applicable insurance coverage maintained either by the MEDICAL DIRECTOR or by the CITY on behalf of the MEDICAL DIRECTOR. 10. The provider shall indemnify and save harmless the MEDICAL DIRECTOR from any and all liability incurred as a result of acts or omission of employees of the City Of Boynton Beach Fire Department. 11. The CITY will pay the MEDICAL DIRECTOR the sum of ($24~504.00) with the monthly rate being ($ 2~042.00) per month for twelve (12) months, payable at the end of each month for services outlined in this contract. 12. The CITY will provide portable radio communication and an Alpha Numeric or Digital Pager for the use of the MEDICAL DIRECTOR. 13. In matters of employee relations and concern, the MEDCIAL DIRECTOR, under the terms of this contract is considered to be a member of the administration and supervisory division of the Fire Chief as the Fire Chief carries out grievance procedures, discipline, interviewing paramedics, paramedic school assignments, and union contract administrative -requirements. A. The MEDICAL DIRECTOR will be expected to report to the Fire Chief his/her decisions relating to any employees for the Emergency Medical Services System such as discipline, de-certification or promotion in which the MEDCIAL DIRECTOR is involved. B. The MEDICAL DIRECTOR agrees to participate as required at personnel hearing boards such as grievance procedures of the union contract, etc. as part of his Department administrative responsibilities of the Department without additional compensation. C. The MEDICAL DIRECTOR agrees to participate in the oral interview and skills test administered to all new firefighter applicants who have a paramedic certificate prior to their employment. The MEDICAL DIRECTOR retains the right to prevent the hiring of any such individual for the purpose of employment as a paramedic if he or she does not perform satisfactorily during the interview and/and or skills test. The content of the skills test will be in accordance with current standardized criteria set up by the American Heart Association and American College of Emergency Physicians. c3 D. The MEDICAL DIRECTOR agrees that anytime a firefighter employed by the City Of Boynton Beach wants to attend paramedic classes for purposes of becoming a licensed paramedic they must have written approval by the MEDICAL DIRECTOR prior to attending and/or enrolling in such classes. 14. From time to time the MEDICAL DIRECTOR will be expected to attend Department Administrative staff meetings so that he can give input to the Administrative staff on the needs and status of the EMS Program and so he can become involved and informed of Departmental Standard Operating Procedures relating to: A. Response procedures B. Equipment and personnel allocations C. Department priorities D. Departmental procedures for handling emergencies E. Working with other departments F. Emergency Medical Dispatching G. Infectious Disease Procedures 15. Any staffing changes that result in modifying the Department's current EMS response protocols must be cleared through the MEDICAL DIRECTOR. 16. Either party to this contract may, upon giving thirty (30) days written notice to the other party, may terminate this contract for any reason whatsoever, and after the effective date of such notice all parties will be relieved of any further obligations under this contract. 17. The MEDICAL DIRECTOR will assure the continuous availability of at least one qualified physician as Director who shall serve as Acting MEDICAL DIRECTOR in the absence of the MEDICAL DIRECTOR. In addition, the MEDICAL DIRECTOR will notify the Boynton Beach Fire Rescue Department whenever he/she will be unavailable for whatever reason, and will attempt to provide twenty-four (24) hour prior notification of such unavailability except under emergency circumstances. The notification shall be given to the Office of the Fire Chief, and shall include the name and telephone numbers of the Acting MEDICAL DIRECTOR. 18. Upon request, the MEDICAL DIRECTOR will advise the Department on appropriate procedures to address incidents in which an employee of the Fire Department has been or may have been exposed to infectious diseases or hazardous materials. c4 19. MEDICAL DIRECTOR hereby agrees to perform those duties set forth in Exhibit "A" and in the Specifications for the position set forth in Exhibit "B". Exhibit "A" and "B" are attached hereto and incorporated herein by reference. 20. The term of this agreement shall be for three (3) years from the execution, with CITY having the option to renew on a yearly basis for two additional one years terms, by providing written notice to the MEDICAL DIRECTOR at least twenty (20) days prior to the expiration of the term that the CITY intends to renew the contract for an additional year. The MEDICAL DIRECTOR shall indicate whether he or she wishes to remain a party to the agreement prior to the expiration of the term. c5 IN WITNESS WHEREOF the parties hereto have caused these presents to be signed by their duly authorized officers and by the MEDICAL DIRECTOR on this day of ,2003. CITY OF BOYNTON BEACH, FLORIDA City Manager Medical Director Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attested Authenticated: Office of the City Attomey Notary: C6 1. Be responsible for advising the ALS provider as to his assessment of the competence of each of the provider's paramedics and for making recommendations regarding the medical procedures which each paramedic should be authorized to perform. Such assessment should be made by utilizing responsible evaluative processes and techniques and should include at least one assessment of each paramedic's ability to: A. Appropriately evaluate emergency medical patients and determine proper priorities for emergency medical care: B. Communicate the fmdings of such evaluations to a physician who has agreed, in writing, to provide responsible supervision of that paramedic; C. Receive and understand proper orders from a physician providing direct supervision of the paramedic; D. Understand and properly apply any standing orders authorized by the Medical Director; E. Understand legal relationship between the paramedic, Medical Director, physician(s) under agreement to provide responsible supervision of the paramedic, and any other physician; F. Insure that any ALS performed by the paramedic is done with responsible physician supervision; and G. Perform the specific medical procedure(s) which the paramedic is specifically authorized by the Medical Director and by the ALS provider to perform. 2. Continually evaluate the medical capability of the paramedics and the ALS provider and advise ALS provider regarding the appropriate level and standard of care which the ALS provider should seek to achieve. 3. Assist in identifying the specific medical skills and knowledge which paramedics must possess to achieve the desired level and standard of care. 4. Assist in identifying the training and experience necessary for the paramedics to acquire the desired skills and knowledge and, in cooperation with approved educational programs, in assuring that each paramedic receives such training and experience as required. 5. Develop and implement an appropriate process for periodic audit and review of medical procedures performed by paramedics. Such audit and review process must comply with such standards and requirements as may be set forth by the department from time to time. 6. Develop and authorize or review and authorize for use standing riders which allow the paramedics to properly manage certain medical emergencies when voice communications with the responsible physician is not available. Such standing orders must be specified and must at least provide for managing immediately life threatening emergencies though they are not required to be so comprehensive as to include ail possible medical emergencies. 7. Be responsible for the medical correctness of any standing order which he/she authorizes for use by the paramedics and for properly instructing the paramedics regarding the correct use of standing orders. 8. Assist the ALS provider in assuring continuous availability of at least one responsible physician. Determine the qualifications necessary for a physician to provide responsible supervision of the paramedics. 9. Retain the ultimate authority to permit and/or prohibit any system paramedic to utilize ALS techniques. (Specific authority 401.35, 381.03 I(1)(g),20.05(5)FS. Law implemental 401.46,401.47 FS. History NEW 9-10-7 EXHIBIT "B" SPECIFICATIONS FOR MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE RESCUE/EMTS, PARAMEDICS AND LIFEGUARDS Scope of Services: The City of Boynton Beach is seeking to employ a Medical Director to oversee thc Emergency Medical Services as provided by Fire Rescue, Paramedics and Lifeguards, as well as other departmental administrative purposes and functions. The Medical Director will be an independent contractor supervising and accepting responsibility for the medical performance of Emergency Medical Technicians (EMTs), Paramedics, and first responders/Lifeguards, functioning in the Fire and Emergency Medical Services Department and the Parks and Recreation Department under applicable provisions of Florida Statutes. I. Related Responsibilities A. The Medical Director serves as the Fire Department's physician for the purposes of advising the Fire Chief on matters pertaining to occupational safety and health. B. The Medical Director serves as the Medical Director for the City's Lifeguards, who may be certified as Emergency Medical Technicians. C. The Medical Director agrees to both directly and indirectly supervise and accept responsibility for the medical performance of Emergency Medical Technicians and Paramedics functioning in the Fire and Emergency Medical Services Department and the Parks and Recreation Department. Such supervision shall be accomplished by, though not limited to: D. Actual accompaniment of Paramedics and EMTs on rescue calls; E. Monitoring of radio transmissions to and from hospital emergency departments and related facilities; F. Review of rescue incident reports and associated documentation; G. Conference and/or meetings in both individual and group situations; H. Review of Standard Operating Procedures and Protocols involving multi-agency responses to medical emergencies; I. Active participation in daily in-service training scheduled by the Fire Department. These duties will be performed periodically by the Medical Director at his/her cOnvenience and as often as is necessary to insure that proper medical standards and procedures are being followed. The Medical Director shall provide the Fire Chief with written reports as required by the Fire Chief regarding efficiency and effectiveness and general performance of the City's Emergency Medical Services System. II. The Medical Director shall perform all services required of him/her pursuant to Chapter401, Florida Statutes, and the applicable rules of any governmental agency implementing said Chapter or other established duties required to be performed by said Medical Director, or upon promulgation of additional duties established by the Florida Department of Health. III. The Medical Director shall give necessary instructions to the City's Emergency Medical Technicians (EMTs), Paramedics and Lifeguards. The Medical Director will also supervise and arrange such in-service instructional sessions, and promulgate such rules and directives, as may be necessary to assure that all medical services performed by EMTs, Paramedics and Lifeguards are in accordance with proper medical standards and proc. edures. · In addition, the Medical Director shall participate in general Paramedic staff meetings at a time and date mUtually agreeable with the Medical Director and the Fire and Emergency Medical Services Department; provide sufficient didactic lecture and instruction to insure that standards of emergency medical care are maintained, review and comment on content and emphasis on in-service lxaining and testing procedures; and shall initiate a review of all pre- hospital emergency medical service protocols and levels of personnel and equipment response at least every six months to determine their applicability and appropriateness with respect to currently accepted emergency procedures. Recommended revisions of said protocols or response procedures shall be furnished to the Fire Chief. IV. Services and responsibilities: A. The Medical Director will assure the continuous availability of a least one qualified physician as outlined in Section I, who shall serve as Acting Medical Director in the absence of the Medical Director. · In addition, the Medical Director will notify the Boynton Beach Fire and Emergency Medical Services Department whenever he/she will be unavailable for whatever reason, and will attempt to provide 24hour prior notification of such unavailability except under emergency circumstances. The notification shall be given to the office of the Fire Chief, and shall include the name and telephone numbers of the Acting Medical Director. B. The Medical Director will provide liaison services as required and requested between the Fire and Emergency Medical Services Department of the City and other departments, divisions, boards and bodies of the City, County and the State of Florida, as well as educational, institutions, medical societies and other agencies or institutions relating to the provision of Emergency Medical Services. C. The Medical Director will retain ultimate authority to permit or deny any Paramedic or EMT the utlizafion or advanced life support techniques, basic life support, patient assessment, or patient stabilization procedures. Upon request, the Medical Director shall advise the Fire Chief or the Director of Parks and Recreation, if appropriate, on disciplinary recommendations related to medical care. D. The Medical Director shall administer a protocol examination and/or practical test as he/she sees fit to determine the competence of all Emergency Medical Services personnel covered by this agreement. E. Upon request, the Medical Director will participate in the design and structure of selection procedures for entry level personnel for the City of Boynton Beach. F. Upon request, the Medical Director will consult with the Fire Chief regarding promotional testing criteria for incumbent personnel. G. Upon request, the Medical Director will advise the department on appropriate procedures to address incidents in which an employee of the Fire and Emergency Services Department or the Parks and Recreation Department's Life Guard unit, has been, or may have been, exposed to infectious diseases or hazardous materials. H. Upon request, the Medical Director will maintain data regarding the status of employees who have been, or may have been, exposed to the infectious diseases or hazardous materials. I. Upon request, the Medical Director will provide oversight and instruction to assist in the preparation of personnel in the Fire and Emergency Service Department in professional competitions which may be selected by the Department. J. At his/her election, the Medical Director may utilize the services of a Licensed Physician Assistant who shall be designated as a Deputy Medical Director to facilitate the delivery of the services enumerated in the Medical Director's contract. * However, responsibility for the efficient delivery of these services shall remain with the physician selected as the Medical Director and no increase in the annual fee shall occur based on this election. K. The Medical Director will oversee and provide instruction during department scheduled in-service training, for a minimum of 6 hours per month. V. Consideration of the City of Boynton Beach Because the Medical Director may be subject to the risk of certain liabilities by entering into this agreement, the City will obtain and pay the annual premium on a medical malpractice insurance policy insuring the Medical Director against liability arising out of negligent acts or omissions of the Medical Director in the performance of his duties as Medical Director during the term of this Agreement. If this insurance policy provides coverage on a premium of this policy for a coverage period ending not less than four (4) years following termination of employment of the Medical Director, the provisions of this paragraph shall survive termination of this Agreement, regardless of whether termination is by the Medical Director or by the City, or by expiration of the term of this Agreement, until four (4) years after termination. VI. Appropriate communications equipment such as a portable radio, digital pager, cell phone, etc., may be provided to the Medical Director, if applicable, by the city. VII. The Medical Director shall be directly responsible to the Chief of the Fire and Emergency Medical Services Department of the City. The Fire and Emergency Medical Services Department will provide limited and department related administrative and secretarial support to the Medical Director through the Office of the Fire Chief. VIII. The Fire and Emergency Medical Services Department, through the Office of the Fire Chief and the Parks and Recreation Department, shall cooperate to the greatest possible extent in the delivery of competent emergency medical care, including implementation of the policies established by the Medical Director and approved by the Fire Chief. IX. In consideration of the requirements and standards enumerated herein, I propose to perform these functions and duties for a fee of $2~042.00 per month. I am able to assume these responsibilities. Section 3 - Request for Qualifications Requirements X. Standards to be met by the Medical Director A. The Medical Director shall be a Florida State licensed physician; and B. Is an ACLS (Advanced Cardiac Life Support) provider with instructor certification, and is an ACLS affiliate faculty member of the American Heart Association; or C. Is a Board-Certified Emergency Physician, or is currently employed as an Emergency Department Physician in the State of Florida, or who has previously been an Emergency Department Physician in the State of Florida within the past (5) five years; D. Maintains official privileges and affiliation with OhO or mor~ of th~ following medical facilities: Bcth~sda Memorial or ]ohn F. Kcnnexly Hospital. ATTACH COPIES OF ALL REQUIRED LICENSES, CERTIFICATIONS DOCUMENTATION OF PRIVILEGES AND AFFILIATIONS, A CURRICULUM VITAE, ALONG WITH OTHER CREDENTIALS OR INFORMATION YOU WISH TO HAVE CONSIDERED BY THE CITY AS PART OF THIS REQUEST FOR QUALIFICATIONS/SERVICES. IN ADDITION, ALL CURRENT AND ANTICIPATED CONTRACTUAL AGREEMENTS NAMING THE PHYSICIAN AS MEDICAL DIRECTOR FOR ANY OTHER GOVERNMENTAL AGENCY, BODY, INSTITUTION OR PRIVATE OR PUBLIC SERVICE SHALL BE IDENTIFIED AT THE TIME OF SUBMISSION OF THIS REQUEST FOR QUALIFICATION/SERVICES. VL-CONSENT AGENDA I'TEM B.3. CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FOl vl Requested City Cotmn~ion Dat~ Final Form Must be Turned Requested City Commission Date Final Form Mu~t be Turned in Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Otfice [] E~:.ember 2, 2003 November17, 2003 CNoon.) [] February3,2004 January l9, 2004 (Noon) [] December 16, 2003 Decembcn' 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January6,2004 Deeeanber 15,2003(Noon) [] March2,2004 Fdmsary 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDAITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve the list of qualified Respondents from the Request for Qualifications (RFQ) 0007-2821-04/CJD, "Design/Build Services for the Expansion of the West Water Treatment Plant". The approved qualified Respondent Teams will be requested to submit a bid for a subsequent Design/Build project for the 8 mgd (million gallons per day) expansion of the West Water Treatment Plant (WWTP). EXPLANATION: This RFQ #007-2821-04/CJD is Part 1 of Phase 4 for the expansion of the WWTP. The R]~ issued on October :}, 200:} by Procurement Services; followed by a mandatory Pre-St~mit~ Conference on October 27, 200:} and a mandatory site inspection of the WWTP. The deadline for submittals was November 18, 200:}; however, it was necessary to issue addendums, changing the deadline to November 21, 200:}. ~. The RFQ was issued to obtain submittals from Respondents for evaluation and to deten ~,n~e best qualified to submit a bid on the subsequent Design/Build bid for the expansion of th~ Part 2 of the expansion. The WWTP is a nanofiltration plant with a permeate capaci, of 8.3~ mgd. The expansion of an additional 8 mgd will increase the total plant permeate capacity to 20.52 mgd. S:~BULLETIN~ORMS~kGENDA 1TEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The Respondent is responsible for a Respondent Team, consisting of a Constructor Member, a Design Member, and a Membrane System Supplier (MSS). It is the intent of the Utilities Department that the City contract directly with a single entity (Constructor/Contractor) for the subsequent Design/Build bid. The entity will be the single point of contact and have direct contractual responsibility for all design, construction, quality control, and startup necessary to successfully complete the construction, startup, acceptance testing and initial operation of the WWTP expansion. As stated in the RFQ, the Respondent must have a bonding capacity of not less than $20,000,000.00. The Respondents were permitted to submit the qualifications for more than one (1) MSS; therefore, ten (10) proposals were received as shown in Exhibit 'A' (attached). A "Notice of Evaluation Committee Meeting" was issued on December 12, 2003 per Florida State Statutes 286.011; the meeting was held on December 19, 2003 for the purpose of open discussions between committee members with Bill Atkins, Deputy Director of Finance, acting as Facilitator. A seven (7) member Evaluation Committee was given fifteen days to review and evaluate the RFQ submittals independently using the attached sample Weighting Score Sheet (Exhibit 'B'). The highest score obtainable was 500. Spreadsheets were prepared indicating raw scores and averages for all ten (10) submittals. The average scores ranged from 391.27 to 332.81 with an overall average of 337.55. Using 303.80 (90% of the overall average) as a basis, the Evaluation Committee mutually agreed that MI ten Respondent Teams were qualified and met the requirements outlined in the RFQ document (see attached Ranking Score Sheet, Exhibit 'C'). PROGRAM IMPACT: Even though several Respondents submitted more than one (1) MSS for qualification, it is clearly stated in Addendum #1, Item No. 6 that "when the subsequent Request for Bid is issued in the next phase, the Respondent must make a final decision on the use of one (1) qualified Membrane System Supplier as named in their Request for Qualification submittal". Since the Evaluation Committee agreed that all Respondent Teams are qualified, Respondents will be given the opportunity to submit one (1) bid for Part 2, the Design/Build bid, based on the use of one (1) qualified MSS as outlined in Addendum #1, Item No. 6. S:'~BULLETINWORMSL4,GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The Fiscal Impact cannot be determined until the Request for Bid/Design Build bid is issued; however, the current engineer's estimate of probable cost is $23,000,000.00. ALTERNATIVES: The Commission has three (:}) alternatives: 1. Approve the qualifications of all ten (10) Respondent Teams; 2. Request interviews/presentations from all (or a select number of Respondent Teams); or 3. Direct the Utilities Department to issue a new Request for Qualifications. Dale S. Sugel~an /~ City ~I~ger's Sighature Assistant City Manager Utilities Department Department Name City Attorney / Finance / Human Resources cc: Dale Sugerman, Assistant City Manager Paul Fleming, Sr. Project Manager Utilities, WRLT Utilities File S:'d3ULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RANKING SCORE SHEET EXHIBIT 'C' RESPONDENT TEAM AVERAGE SCORES 1. CH2M HILL/CH2M HILL/TSG 391.27 2. MWH/MWH/GE OSMONICS 368.28 3. WHARTON-SMITH/HARTMAN & ASSOC./AES 341.39 4. WHARTON-SMITH/HARTMAN & ASSOC./AEWT 338.52 5. POOLE & KENT/PBS&J/AEWT 338.25 6. WHARTON-SMITH/HARTMAN & ASSOC./MSC 332.81 7. WHARTON-SM1TH/HARTMAN & ASSOC./AMS 326.81 8. pIZZAGALLI/P!ZZAGALLI/US FILTER 321.13 9. pIZZAGALIfPIZZAGALLI/AES 311.87 10. pIZZAGALLI/PIZZAGALLI/WET 305.12 OVERALL AVERAGE 337.55 90% OF OVERALL AVERAGE 303.80 TSG - TSG TECHNOLOGIES, INC. WET - WATER EQUIPMENT TECHNOLOGIES AES - AMERICAN ENGINEERING SERVICES, INC. AEWT - ADVANCED ENVIRONMENTAL WATER TECHNOLOGIES, INC. AMS - ADVANCED MEMBRANE SYSEMS MSC- MEMBRANE SYSTEMS CORPORATION lofl VI.-CONSENT AGENDA ITEM B.4. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] 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: Award Investment Banking Services for the proposed 2004 Public Service Tax Bond Issue to Raymond James & Associate. Three (3) companies responded to the RFP - Raymond James & Assoc., Banc of America Securities and William R. Hough & Co. Raymond James & Assoc. submitted the lowest Underwriters Discount of 2.71% or $52,329. EXPLANATION: In November the City sent out an RFP for Investment Banking Services for potential bond issues. Three companies responded as noted above. Shown below are the F vposed fees for each fnmm Underwriters Discount (Investment Bankers Fee) % Dollars PS Tax Refunding & New Money Multi-Purpose Issue Raymond James & Associates 2.71% $ 52,329 Banc of America Securities 3.87% $ 74,805 William R. Hough & Co. 3.23% $ 65,536 Note: William IL Hough & Co. has been bought by R.B.C. Oain Rauscher Company PROGRAM IMPACT: Selection of Investment Banker needs to be made prior to bond issue being determined so the Finance Department can obtain verification of estimates made for principal & interest for a bond issue. FISCAL IMPACT: None - all cost for bond issue will be included in the bond issue and will not impact the current budget. ALTERNATIVES: None if City intends to go forward with issuing bondsxor caplm~ projects we lfor c ital projects we must hire underwriters to prepare the bond issue doctunents and sell the bonds. Department Head's Signature City Manager's Signature Finance Department Name City Attorney / Finance / Human Resources S:~BULLET1N~ORMSkAGENDA ITEM REQUEST FORM.DOC VI.-CONSENT AGENDA ITEM B.5. 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.) [] Februaxy 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) [] January20,2004 January 5, 200n (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 '~' ~c~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve the purchase from Charles River Technologies additional user license for laptop computer mapping in the amount of $24,195.00. EXPLANATION: Currently we have computerized mapping on our police server and this will give us the license to place mapping on all of the laptop computers the officers are using in the patrol vehicles. Charles River is the only vendor who can supply the additional licenses. PROGRAM IMPACT: This will allow the officer responding to a call to have a map of the zone for best response time. FISCAL IMPACT: Federal ForfeitureFunds 691-0000-247-04-22 $24,195.00 ALTERNATIVES: Department Head's Signature Signature Police ~ Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC d ~ ~ o o o o o o o o o 0 Z~ o o o o o ~ .... ~ ~0 o o o o ~ ~ ~ o o o ~ o o o o ~ ~ o o o o -- Z m ~0 o o o o ~ ~ ~ ~ o o o ~ o ~ ~ ~ o ~ o ~ 0 ~ ~ ~ 0 H ~ ~ 0 o 9~ ~ o o o o ~ ~ ~ H ~ ~ ~ ~ ~ 0 .... ~ 0 m~ ~0~0~0~0 0 0 0 ~0 ~ ~ ~ ~ m ~ >o>o>o>o 0 0 ~ ~ ~ ~ ~ ~ ~ ~ o HO0 ~00 HO0 HO0 o o o o ~ ~ H ~0 H~O ~0 ~0 ~0 0 0 0 0 0 0 ~ ~ O~ m oD Charles River Technologies Quotation 120 Schoo| Street, Ste. 1 Lexington, htA 02421-7499 DATE CIUOTE # Ph 781.862.8833 Fx: 781.861.6633 1218/2003 03128 PRESENTED TO: PROJECT: Doug Solomon ,oynton Beach Police Department CadMapper -MapInfo 100 E. Boynton Beach Blvd. ® P.O. Box 310 Prepared By Kevin Hanron Boynton Beach, FL 33425-0310 B~'~ss?armer Phone: 561-742-6171 Questions? Please call Fax: 561-742-6185 I Quote Expires on 1/7/2004 Part # Mfr Description Price Qty Extend CB-2001-1 CR Tech CadMapper Basic Initiall-User License, includes: $795.00 1 $795.00 (this is the "disconnected" version of CadMapper; NO live link with current dispatch address) Includes media with I workstation-assigned application-specific license for MapX &CadMapper Basic This license (and all licenses described below) also includes the upgraded street address ranges, based upon the latest revisions to "actual location" parcel data in your municipal Parcel GIS layers, as provided by your municipal GIS department. CB-2001-A4 CR Tech CadMapper Basic Additional License $550.00 3 $1,650.00 (2nd-4th user price), includes: 1-Year of Software Version maintenance & telephone support CB-2001-A14 CR Tech CadMapper Basic Additional User License $400.00 10: $4,000.00 (for 5th thru 14th users), includes: 1-Year of Software Version maintenance & telephone support CB-2001-A99 CR Tech CadMapper Basic Additional User License $250.00 71 $17,750.00 (for 15th thru 85th users), includes: 1-Year of Software Version maintenance & telephone support TERMS: VISA, MC, AMEX, or NET-30 with prior credit approval. Payment for training classes due before training date(s). All payments must be in US Funds, on a US Bank, 1.5% Per Month Finance Charge on Past Due Invoices. I accept the terms and conditions of this quotation. Please Sign: ~ Date: Name: Title: Thank you for the opportunity to provide you with this quotation. J Sub-Total $24, 1 95.00 We are your one-stop source for software, data, services and ~' Tax support for your mapping solution needsl J Total (USD) $24,195.00 VI.-CONSENT AGENDA ITEM C.1. CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORIvl Requested City Commission Date Final Form Must be Tumed 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) cT ..~ .~ [] Administrative ~ Legal - Resolution NATURE OF [] Announcement [] New Business r,o ;::j_< AGENDA ITEM [] City Manager's Report [] Presentation :'~' r,~--~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 20, 2004 City Commission Agenda under Consent Agenda - Resolutions. The City Commission on December 16, 2003 under Consent Agenda approved the request to rename "Beta Drive" within the Quantum Park PID to "The Watershed Way". A resolution must be approved to effectuate the renaming of this street. 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 Quantum 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 ALTERNATIVE~ Deny the request thereby leaving the street as currently name, "Beta Drive". Deve~l~me~t D[pa~t Dii~tor - -~t~ Manager s Signature Planning and Zoning City Attorney / Finance / Human Resources S:~PlanningXSHARED\WP~SPECPROJ~Street Name ChangesX, Agenda Item Request Watershed Way from Beta Drive 1-20-04.dot S:~BULLETIN~ORMSLa-GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 04 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING THE RENAMING OF "BETA DRIVE" TO "THE WATERSHED WAY"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an application was filed for the official renaming of "Beta Drive" to ;The Watershed Way", which is in conjunction with a previously approved site plan and treatment center approved for Lots 48-A, 48-B, 48-C and 48D of the Quantum Park and WHEREAS, the City Commission deems it to be in the best interests of the citizens residents to authorize and approve the renaming of "Beta Drive" to "The Watershed NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF cITY OF BOYNTON BEACH, FLORIDA, THAT: section 1. The foregoing recitals are hereby reaffirmed, and the City Commission authorize and approve the renaming of "Beta Drive" to "The Watershed Way". Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Seal) ;:\CALRESOX&egislative Actions,Rename Beta Drive to The Watershed Way. doc October 15, 2003 Micheal W. Rumpf Planning & Zoning Director The City of Boynton Beach 100 East Boyaton 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 'qbe 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" purposes... ,t~is facility will be our flagship and by "branding" our street we further our efforts to moke "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 docmnentation from PJM & Associates, Quantum Park Property Owners' Association, and Special District Services (QCDD). Please contact me should the department or the Commission require furtherinformation. Bill Russell COO/VP Cc: Julie Finch, QPPOA II 200 Congress Park Drive · Suite 100 · Delray Beach, FL 3~445-4652 888-814-6840 · 561-361-6608 · lhx: 561-3614857 "Member of FADKA" STATE OF FLORIDA ) )SS. COUNTY OF PALM BEACH ) That the accompanying property owneFs 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. (S ure) Sworn'to and subscribed before me this _~_~day of 0 State of Florida at Large My commission expires Page 4 of 4 Name Caaag~XAVp~kn~oc PETITION TO CHANGE STREET NAME We hereby petition the Boynton Beach City Commission for a change of the existing street name from __~~~.~~ in the area betwee~~~t~D and ~ t3~~'- ~"t~-"',&"~'-' f&0i~--P~r~)~urther request that the new street name become Telephon~ Name Name Address Address Telephone ii Telephone ii Signature Signature Name Name Address Address Telephone ii Telephone Signature Signature Name Name ~adress Address Telephone # Telephone Si~m~aiure Signature P~ 2 of 4 . Quantum CPar JProper Owners ;assoc arwn, Inc. 2500 QUANTUM LAKES DRIVE' SUITE 100 · BOYNTON BEACH, FLORIDA 33426 i 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 Quant-m Park Property Owners' Association, Inc., but is subject to the · follbwing :appr0Yals: Quan...t3!m Community Development Distri'"'"'~, City of Boynton Beach and"iiie adj,...~nt latid6~'/°' BetaDrive, P~vl & Associates, Inc. Please provide copies' of such letters of approval from the above named entities at your earliest convenience. Should you have any questions, please do not hesitate to calk Sincerely, cc: Quintus Greene, Director of Development city of Boynton Beach · Pete Pimentel, QCDD District .Manager j~nni yachlson, P.JM & Associates; .!Lnc.. ' "' CJJulie/QPOA/Corrsp/wata~mhed beta way 031303.doe Ha~ 05 03 O~=47p Speoial Discpicc. Servioes (561) S30 4923 p.1 VIA. FACSIMILE & U.S. M~IL 561-361-98~7 May 5, 2003 ~ · Mr. Bill Russell ~ Thc Watershed Treatment Program~. 200 Cnn?ess Park Drive, Suite 100 Delray Beach, FL 33445-4652 RE: Beta Drive Dear lVIr. Russell: In re~pons© to your letter dated March 7, 2003 re§nrdlng ~c-tmming Beta Drive to "Water~hod Way*, per the Quantum Commtmity Development District ("QCDD") Reconvened Regular Board Meeting held on April 10, 2003 at 3:00 p.m. the QCDD approved the request of The Watershed to change the name of Beta Drive to Water, bed ay. Should you have any questions and/or comments, please do not hesitate to oontnct me. Sincerely, Special Dfstrict Services, Inc. PLP:I~t 11000 Prosperity Farms Road · Suite 104 · Palm Beach Gardens, FL 33410 Phone 561.630.4922 · Fax 561.630.4923 · Toll Free 877.737.4922 10/06P-005 lION 14:28 F/~ 561 740 2429 i~UANTUM [~002/00~ Location Map The Watershed C3 PID PID LWDD E-4 Vt.-CONSENT AGENDA I'TEM C.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 Meetine 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 Januasy 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] Febmapy 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 r~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation txo [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Elda Molina for the property at 1112 Ridge Road, Lantana, Florida (Lot 16, Ridge Grove). EXPLANATION: The parcel covered by this agreement includes a single-family home 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 this parcel. No additional construction will be required by the City to serve this property. PROGRAM IMPACT: None FISCAL IMPACT: None ~ATIVES.' l~e. l~Fhis parcel is within the Utilities service area. ~ Department Head's~gnature City M~tn~ger'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 :X, BULLETINWORM S'xAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND ELDA MOLINA; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our and sewer service area, for the property located at 1112 Ridge Road, Lantana, Florida 16, Ridge Grove); and WHEREAS, the subject parcel is a single family home located in the San 7astle/Ridge Grove project area; and WHEREAS, only potable water is available for connection to the property at this due to recent water main improvements constructed by Palm Beach County as part of a improvement project; 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 true 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 a Water gervice Agreement between the City of Boynton Beach, Florida and Elda Molina, said ~:\CALRESOXAgreements\Water ServicehMolina Water Service Agr.doc being attached hereto as Exhibit "A'. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Water Service Ag. doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 ~ Ft. Lauderdale, FL 33308 AGREEME14T FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this_J__TL_ day of ~ er,,~v~ k e ~'~ ,, 200 3_~_,'by and between E/vt,,- ~o[t~,,~ hereinafter c~Ied the "Customer", and the CITY OF BOYNTON 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 provi.d.e CX). sto_m..er w~th ,wa,te.r ,S ~e~.~e~._~o~m~ i~t~lVl~U~s;Po~wnV~;e~ System to service the real property described as ibllows ana wmcn Customer: (Exhibit A) 2. The Customer and the CitY herebY agree that there are/, ~9 . Equivalent 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 conf°rmance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the CU§tomer's premises. All such lines shall be approved by the Direct°r of Utilities and subject to inspection by the City EngSneers. 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 ex'tei~sion 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 tl/e 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. 9. Annexation is intended to be and is hereby made a covenant refining 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, Florid.a, 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, limitationg°r 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 ofwater 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) from 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 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 theirhands and seals this /~ dayof /3 ,200 . WITNESS: INDIVIDUAL(S) AS OWNER(8): gna'tt[re >'' ..... " (Swher Signatm-'~ Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature .; Printed Wimess 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 the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared f;~:/a__ ~ ~ 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: trT/,v~/c/a d,e/ oete ~ l t'ee,,~ e WITNESS my hand and official seal in the County and State last aforesaid this /'9 tT~day of /0 ee eM b ,2003_ ' (Notary Seal) l~j~_,i axptr~ j~ 19. ~ Notary Public -'s,~hhX~" ,ir. lank ~ Ca., Znc. 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'triCo subscribing wimesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the tree 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: City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Joslas & Goren, P,A. 3099 East Commerdal Blvd. Suite 200 FL Lauderdale, FL IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA cou. o. I/We, L-/~ /~ o ~,,,~ , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, trUe and lawful attomey 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 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 / dayof ' /'~ec.¢~./~,,'' , inthe yeartwo thousand and Sealed and delivered in the presence of Wit~'es~ignat~e- '/ - . ~:~/l%rVS}gnature'' P~int~l Wi(neSs Name - " Prinl~d'dwn~r Name Printed Witness Name Witness Signature Owner Signature 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 .!'7 /'~ay , who. are known to me or who have produced /~/~ ~(¢~ ~; v.¢~ ~ J, ~ as ~dent~t~on and who did/did not.take an oa~. NOTARY PUBLIC Type or Pdnt Name Commissi°n,~No. My CommissiOn Expires:. POA. I N D .,¢~ ~'r~,, s~a ~ ~d~ 1551 ~, S.. Ridge Road ~10'~ 1510 1390 ~. MI. FR RD Location Map- Exhibit "A" Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nlkol~, CFA Palm Beach County Property Appral~r Public Access System - Property Information. Location Address: 1112 RIDGE RD l ~ Municipality: COUNTY OF PALM BEACH Parcel Control Numb'er: 00-43-45-09-08-000-0160 Subdivision: RIDGE GROVE IN Official Records Book: 13738 Page: 1401 Sale Date: May-2002 Legal Description: RIDGE GROVE LT 16 - Owner Information Name: MOLINA EIDA Mailing Address: 1112 S RIDGE RD LAKE WORTH FL 33462 6138 -2003 Certified Appraisal Improvement Value: $63,471 Number of Units: 1 ~ Land Value: $9,216 Total Sq. Ft: 1175 [ 'Extca2~ ~.] Market Value: $72,687 Acres: .00 ["'[an~ ~ i!1 Use Code: 0100 Description: SINGLE FAMILY -2003 Certified Tax Ad Valorem: $1,421.11 Non ad valorem: $192.00 Total: $1,613.11 2003 Certified Assessed & Taxable Values Assessed Value: $72,687 Exemption amount: $0 (2003 Exemption) Taxable: $72,687 Exemption Information Unavailable. -Sales Information Sales Date Book Page Price Instrument Owner May-2002 13738 1401 $75,000 WD MOLINA EIDA Oct-1999 11383 1052 $68,000 WD RAMOS HUMBERTO May-1990 06453 0739 $52,900 WD Jan-1987 05143 0376 $100 QC Nov-1980 03400 1253 $49,000 AP Jan-1979 03106 1349 $3,000 00 Print inf°rn3ati°n ii I Home t I Back [ I Search t I Search Result VT.-CONSENT AGENDA TTEM C.3 CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FO dv Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ 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 Janua~ 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December l5, 2003 (Noon) [] March 2, 2004 Febmaryl6,200n(Noon.~.y [] January20,2004 January 5, 200q (Noon) [] March l6, 2004 March l, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business ~ co--~ AGENDA ITEM [] City Manager's Report [] Presentation ~'? [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Joaquin and Eufemia Valentin for the property at 1191 Peak Road, Lantana, Florida (Lots 255, Ridge Grove Addition no. 1). EXPLANATION: The parcel covered by this agreement includes a single-family home 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 this parcel. No additional construction will be required by the City to serve this property. PROGRAM IMPACT: None FISCAL IMPACT: None ~.,T.F.~dNATIVES: Npll.e. ~h~i parcel is within the Utilities service area. , ~ ~-a Depa~nent Head's Sig~ture 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:XBIJLLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND JOAQUIN VALENTIN AND EUFEMIA VALENTIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our and sewer service area, for the property located at 1191 Peak Road, Lantana, Florida 255, Ridge Grove Addition No. 1); and WHEREAS, the subject parcel is a single family home located in the San ~astle/Ridge Grove project area; and WHEREAS, only potable water is available for connection to the property at this due to recent water main improvements constructed by Palm Beach County as part of a improvement project; WHEREAS, City policy requires annexation of the property to be serviced at the :arliest 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 true 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 a Water ~ervice Agreement between the City of Boynton Beach, Florida and Joaquin alentin and ;:\CA\RESO~greements\Water Service\Valentin Water Service Agr. doc said Agreement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Service\Valentin Water Service Agr. 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 OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this--'~{~"day of,~)//~_jo~c_.r. , 20o~, by and between Joa_ou~n v~ent:J.r~ ar~ Sufe.~a Va~.er~t:J.n, ns w±fe hereinafter called the "Customer", and the CITY OF BOYNTON 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) 2. The Customer and the City hereby agree that there are t, ~// Equivalent 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 rbquired 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, rules and regulations 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. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph I above. This Agreement and the power of attomey 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) from 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. 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. IN WlTNES,,S WHEREOF, the parties hereto have set their hands and seals this ~,~¢/ day of ,///4~,'~ ,200_~. ~,~,~ INDIVIDUAL(S)~j~/~_~~AS OWNER(S): ""/~ness ,~na~r~. ~er ~ignature Printed Witness Name Printed Owner Name F'dnted Witness Name Owner Signature ~ Eufemia valentin Printed witness Name · Printed O~er Name 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 the state aforesaid and in the County aforesai/d to take acknowledgments, personally appeared-~/~. ,~ V'~,/n~_ ~: ~o,/.~-w.~,.~ v~z~vr/,,,,/ to me known to be theacknowledaedPerson(s) described in and who executed the fore.g, gLng 'he/she before me that he/she executed the same~e' wa~ e~)'b'~onally known ~or provided the following proof of identification: WITNEss my hand and official seal in the County and State last aforesaid this c:~ dayof ,4,,'~,/,/.~,,~, ,~.¢t.. ,200_~ /.~ (Nota rY Se~,i~,,i- ~'~-~,~ Rl~i~-- "ii '~*: ~' ~= EXPIRES: August 22, 2004 WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk 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 Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLOflIDA COUNTY OF,~ ~7¢z..~ I/We, Joaquin Valentin and Eufemia Valentin., 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 attorney, THE CITY OF BOY.NTON BEACH, FLORIDA, shall commence and be in full force and effect on the o~/ day of /i/0//~,';~'6c'c' , 20o-4 and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of /~.,~v' , in the year two thousand and , e~/aled and delivered in the presence of //Witness Si . /:' ~l"wner~ignature ~/ ~/ ~j~ /~7~ ¢~ Joaquin Valentin 'Printed Witness Name Printed Owner Name n~d~ Signature Eufemia Valentin Printed Witness Name Printed Owner Name "'-W~tness Signature Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT w,_.gs acknowledged before me this Q;/ day °f~,//[~~~'~ 20°3 ..... ~Z).k~;~~r who h. ave proLtdhU~ ,-as i"d~ an oa . OT ~' Type or,Print Name Commission No. My Commission Expires: POA. IND ~"' ' .................... I1~ MY COMMISSION # CC 939386 /! LEGAL DESCRIPTION EXHIBIT A Lot 255, Ridge Grave Addition No. 1, according to the map or . plat thereof as recorded in Plat Book 22, Page 43, Public Records of Palm Beach County, Florida. 0210 0200 0190 0180 0170 0160 0150 0080 0091 0100 0110 0120 0130 0140 o1~o 2560 2650 !670 ~'08i 0950 1360 1510 1390 Location Map Exhibit"A" TITLE SEARC!i~ Showing Ownership and Encumbrances Fund File Number: 06-2003-14593 Provided For: Ann Marie G. Rezzonico, P.A. Agents File Reference: Valentin Effective Dates: From August 2, 1993 at 8:00 a.m. To October 23, 2003 at 11:00 p.m. This title search commences from thc~date of the last outstanding institutional first mortgage on the property. If there is no outstanding mortgage, the search commences with the date record title vested in the current record owner. Description of Real Property sitUated in Palm Beach County, Florid~ Lot 255, Ridge Grove Addition No. 1, according to the mapor plat thereof as recorded in Plat Book 22, Page 43, Public Records of Palm Beach County, Florida. Apparent Title Vested in: Joaquin Valentin and Eufemia Valentin by Warranty Deed Recorded in: O.R. Book 7823, Page 934. This search does not cover matters other than those recorded in the Official Records Book of the county and does not assure the legality or validity of the referenced instruments. Ad Valorem tax information is not providec~ Signed this 19th day of November, 2003. Attorneys' Title Insurance Fund, Inc. Prepared by: Maxine Knowles Typist: rt AuthorizedSignature: ~ ~L~JT~LD~ Rev.0.0 Page 1 of 2 TITLE SEARCll Showing Ownership and Encumbrances Fund File Number: 06-2003-14593 ENCUMBRANCES A 20-year name search has beenperformed onparties acquiring an interest within the timeperiod covered by this search. This Title Search is prepared and.f, ur~nished for information only. It is not an opinion of title and may not be used as a title base for the issuance of a title insurance commitment and/or policy, nor should it be used for the preparation of forecloSure proceedings or other litigation. Maximum liability for incorrect information is $1000 under Sec. 627. 7843, F.S. 1. Mortgage to Empire Mortgage Group, Inc., mortgagee(s), recorded under O.R. Book 7823, Page 935, as assigned to First Atlantic Mortgage Corporation, assignee, by assignment recorded August 2, 1993, under O.R. Book 7823, Page 941, last assignment being in favor of Allied Group Mortgage Company recorded in O.R. Book 7889, Page 1470, Public Records of Palm Beach County, Florida. 2. Removal Agreement recorded in O.R. Book 9044, Page 409, Public Records of Palm Beach County, Florida. Page 2 of 2 ~B z - Z 0 0 0 0 re~rd~ ~ p~ ~ 22, P~ 43 of Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nlkolits, CFA Palm Beach County Appraiser Public Access System - Property Information Location Address: 1191 PEAK RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-09-000-2550 Subdivision: RIDGE GROVE ADD 1 IN Official Records B0-'ok:~07823 Page: 0934 Sale Date: Ju1-1993 Legal Description: RIDGE GROVE ADD NO 1 LT 255 Owner Information ~ Name: VALENTIN JOAQUIN & EUFEMIA · -- Mailing Address: 1191 PEAK RD LAKE WORTH FL 33462 5923 -2003 Proposed Appraisal Improvement Value: $42,840 Number of Units: I Land Value: $11,520 Total Sq. Ft: 1033 Market Value: $54,360 Acres: .00 Use Code: 0100 Description: SINGLE FAMILY -2003 Proposed Tax Ad Valorem: $195.74 Non ad valorem: $192.00 Total: $387.74 -2003 Proposed Assessed & Taxable Values Assessed Value: $35,010.00 Exemption amount: $25,000 (2003 Exemption) Taxable: $10,010.00 i 2003 Exemption(s) Homestead Receipt/f: 0142096 Exemption Address: Regular Homestead: $25,000 TOTAL: $25,000 ['"'~lL~ iSales Information Sales Date Book ._P...;~g_e.. -"3'~i:~'~'9-~ ....... 0'~8-~- 0934 38000 WD Apr-1984 04~ 1764 40000 WD [ Print Information I VI.-CONSENT AGENDA ITEM C.4 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 Meetine 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 rr~ [] Consent Agenda [] Public Hearing c.o [] Code compliance/Legal Settlements [] Unfinished Business '-xa c~--4 RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with I~ Marcinkoski for the property at 1065 Ridge Road, Lantana, Florida (Lots 33, 34 & 35 Ridge Grove). EXPLANATION: The parcel covered by this agreement includes a single-family home 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 this parcel. No additional construction will be required by the City to serve this property. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. This parcel is within the Utilities service area.! - Department I-IeadO 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 " SABULLETINWORMSLt~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND LOIS MARCINKOSKI; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our and sewer service area, for the property located at 1065 Ridge Road, Lantana, Florida 33, 34 & 35 Ridge Grove); and WIIEREAS, the subject parcel is a single family home located in the San Grove project area; and WHEREAS, only potable water is available for connection to the property at this due to recent water main improvements constructed by Palm Beach County as part of a improvement project; 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 )nal limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACIt, FLORIDA, TIIAT: 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 Manager is hereby authorized and directed to execute a Water ',ervice Agreement between the City of Boynton Beach, Florida and Lois Marcinkoski, said :\CA\RESO'~Agreements\Water ServicehMarcinkoski Water Service Agr. doc being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk :\CAXRESOkAgxeements\Water Service~Marcinkoski Water Service Agr. 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 OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ~..~' dayof /'~e¢_~/~-*,'- ,2003 , by and between ~0i.5 ffTla~r'~l"r~/t~'j~?' hereinafter called the "Customer", and the CITY OF BOYNTON 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 fi.om 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 Qustomer with water service fi.om its Municipal Water System to service the real property described hs follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the CitY hereby agree that there are. [..~ Equivalent 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 applicable to the installation and maintenance of water service lines upon the Cu§tomer'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 ektev/~ion 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 fi.om 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 fi.om 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 ~e City's water supply is sufficient to suppo~ the grant of the power of attorney any subsequent discomaection or lack of service shall in no way impair the: power of attorney nor constitute a diminution or lack of consideration. 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 ofattomeyreferenced 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, limitati°ns~0r 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) from 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 warrants to the Ci~that Customer holds legal and beneficial title to the property which is the subject of this Agreement. .~ IN ~ESS WHEREOF, the parties hereto have set their hands and seals this c~7 day of ,200_ 'Wl~s Signat~e Owner Signature Printed Witness Nme Printed Owner Nme Witness Signature Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness 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 the State aforesaid and in the County.. aforesaid to take acknowledgments, personally appeared L.~i~' ]~dir-c ;,n ]~0.5/~']' 'tomeknowntobethe person,0r)"described ir~ ax{d whb executed the foregoing instrument that,l~she acknowledged before me that J~e'/she executed the same; that the individual ?.~_s persen~!!y lcnewn tc meet ..pro. vided the followingproofofidenfification: .]:::.L. Dr-. ,/-to. ~ /B ~oo?~-- ,5'3/- ~"-- WITNESS my hand and official seal in the County and State last aforesaid this t.~" day of ~_'l~,a-e~e rn b~_r"' ,200~_ ' Notgry Public WI 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 oftwb subscribing wimesses 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: City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. ~, Esquire Joslas & Gomn, P.A. 3099 East Comrnen:lal Blvd. Sufle 200 Ft, Lauderdale, FL 3~ IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA I~/~, Lo ~.~ ~f~(=i ~{ ,<~ , , 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 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 ~'~.~~)~- , 200_~ and the powers and authority shall be irrevocable by Grantee. " IN WITNESS WHEREOF, we have hereunto set our hands and Seals the day of ~ rZ.~,~ ~----~, in the year two thousand and "~ r"L~ ~ Sealed and delivered in the presence of / Witness~ignature ~ ~ ~' ~ner~ign~ture Printed WEness Name Printed'Owner Name W~ess Sig, atu e Pdnted Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature ' Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) ,,_ THE FOI~EGOING INSTRUMENT was acknowledged before me this c,~ <~ day of [~)¢2__~~_r-, 20~,~, . by /---~i' 5 F')q,?r-c._.;,~.,/¢'~,:~//¢'l' and. , who ."_rc. ', .... ':-? ~-"," who have produced '~"/.. '7~_~''/-~ c.-~!~ yYl~, ~.5'---.5-.7/--- , as ide ath. 3.~--- ~; ~; ~ o _ , . NO-T~RY P~BLI'C~_ ,~,. Type or Pdnt Name CommissiOn,No. My Commission Expires: POA. IND I in. = 221.6 feet 2660 2380 I 1661 ~10~ 1510 1390 10~0 Location Map- EXhibit- "A" Palm Beach County Property Appraiser Property Search System Page 1 of 2 W Gary R. Nikoltts, CFA Palm ~ach County Appraiser Public AcCess System Home - Property Information Search Location Address: 1065 RIDGE RD search Res ult Municipality: COUNTY OF PALM BEACH Property in :ormati<Rercel Control Number: 00-43-45-09-08-000-0330 Owner Info'marion Subdivision: RIDGE GROVE IN Structural )etail Official Records BpO, J<: 07605 Page: 1610 Sale Date: Mar-1993 Extra Featl res Legal DescriPtion: RIDGE GROVE LTS 33 TO 35 INC Land Detail Tax Detail ........................... ~,rJnformation Print Inforr~ation Name: MARClNKOSKI LOIS ............. ~ .........~Ulailing Address: LOIS MARClNKOSKI TRUST 11 HLR PropertylAppraiser 1065 RIDGE RD H/~rn~ LAKE WORTH FL 33462 - 2003 Certified Appraisal Improvement Value: $65,990 Number of Units: 1 [~fi'uc~.] Land Value: $20,480 Total Sq. Ft: 1410 ~ Market Value: $86,470 Acres: .00 ~ Use Code: 0100 Description: SINGLE FAMILY -2003 Certified Tax Ad Valorem: $806.75 Non ad valorem: $192.00 Total: $998.75 -2003 Certified Assessed & Taxable Values Assessed Value: $66,264.00 Exemption amount: $25,000 (2003 Exemption) Taxable: $41,264.00 - 2003 Exemption(s) Homestead Receipt~: 0142035 Exemption Address: Regular Homestead: $25,000 TOTAL: $25,000 Sales Information Sales Date Book Page Price Instrument Owner Mar-1993 07605 1610 100 QC h~,.,.//. .......... h~_h~ooh FI ,,e/nana/rnain/cletail inf'r~ ~.qn?n entitv=-00434509080000330 11/26/2003 VI'.-CONSENT AGENDA ITEM C.S 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) [] Februmy 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 ~ c~ ''~ NATURE OF [] Announcement [] New Business ~ ~9--< AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing cz>-~- [] Code compliance/Legal Settlements [] Un£mished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with John and Alice Lurid for the property at 1156 Highland Road, Lantana, Florida EXPLANATION: The parcel covered by this agreement includes a single-family home 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 this parcel. No additional construction will be required by the City to serve this property. PROGRAM IMPACT: None FISCAL IMPACT: None '~""--~'~'T ~'xERNATIV~ N' °(n~' This parcel is within the Utilities service area'~ ~ ~')t'l '~ 0- ~'~3 '~ ~tur -- - -Department He~s Signature e UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND JOHN LUND AND ALICE LUND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our and sewer service area, for the property located at 1156 Highland Road, Lantana, ½ of Lot 99 and Lot 100, Ridge Grove); and WHEREAS, the subject parcel is a single family home located in the San ge Grove project area; and WHEREAS, only potable water is available for connection to the property at this due to recent water main improvements constructed by Palm Beach County as part of a improvement project; 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 true 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 a Water Agreement between the City of Boynton Beach, Florida and John Lund and Alice g:\CA~R.ESO~greements\Water Service~Lund Water Service Agr. doc said Agreement being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ~:\CA~RESO~greements\Water Service~und Water Service Agr,doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEME. N~ FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made.on this.~//~day of ,&--)e~e~ , 200._~, by and between /.4,,vtd~ hereinafter called the "Customer", and the CITY OF BOYNTON 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 serv/ce from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are f, ~7 Equivalent 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, roles and regulations 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 ex.tecsi0n 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 fi.om 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 fights-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 allassigns 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 attomey nor constitute a diminution or lack of consideration. 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, limitatio.ns,.oi 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) from 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 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 ]/~ day of e,-e her · .... WITNESS: INDIVIDUAL(S) AS OWNER(S): Wime~ Signature/ - Owner Signature Printed Witness Name Printed Owner Name Witness Signature printed Witness Name 3 {Nitfiess,~ignature~ - , Owner'Signature Printed ~qq'imess Name Printed Owner Name Wimess Signature ~'. i~ 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 the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared it¢//o~ ~/.,,R/~o~ /~.~a~ ~ ,_~o~.~ /~. Lt./r~ d tomeknowntobethe 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 foilowingproofofidenfificafion: ~5/'~,,e, ~J,~ .,t~7~, ~r't~' % /-, ¢~r~$ e WITNESS my hand and official seal in the County and State last aforesaid this ! ! /~ay of ~:,~,~ ~ l~ ~ 2006 Notary Public 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 twg. subscribing witnesses fi'eely and voluntarily under authority duly vested in them by said City'ar~d that the City seal affixed thereto is the tree corporate seal affixed thereto is the tree 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: City Attorney THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Jod~s & Gomn, P~.. Suite 200 FL Lauderdale, FL. 3,3.308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF "~-[w'~ ~__.~c_~ 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 heroin 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 , t available means. The real property which is the subject of this power is described as follows: , 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 ~)P-C~~ , 200_.~ and the powers and authority Shall be irrevocable by Grantee. ,~. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of ., in the year two thousand and Sealed and delivered in the presence of 'WitnesS' Signature/ Owner Signature Printed Owner Name ' Witness Signature Printed Witness Name V'~Itn-e~s Si~'nature / "'"- ' ' - ~'Pri~ted V~tness Name ~ Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) ]'HE FOREGOING INSTRUMENT was acknowle, dged before me this //~'~day of /-.),"'~,,~,~,."x , 20~_.~, by /~l ,'~',d' ' .Z. ~,,.,7 c/ and , who are known to me or who have produced ~-"/~ ,/~,? /-.. ~,'? ~/ , as identification and who did/did not-take an oath. NOTARY PUBLI.C Type or Print' Name CommissiOn ,No. My Commission ExpireS: POA. IND .-'A~-.. sarba~,~ M. Service Request - New Location Customers requesting water service to a location not yet serviced by the City must pay all applicable fees before service will be offered. If the new service location is within the scope of our service area but outside l~oynton Beach City limits, they will be required to pay the following: · cA~PITAL FACILITY C ~H~RGE -based on size of dwelling, see Ordinance 90-35. · CONNECTION FEE - based on size of the meter. · METER DEPOSIT - based on size of meter, serves as security for the charges on the water account. If the service location is within the City limits, they will be required to pay only the connection fee and meter deposit. The City's Building Department collected the capital facility fee when the building permit was issued. For existing property that has been on well and/or septic, Cap fees will need to be collected. Once all fees have been paid, the customer must coordinate the installation of water Service with the Utility Department's Water Distribution Division. The customer's property must meet all requirements regarding the meter box and the water and sewer service line connections from the building to the point of connection with the City. An inspection will be made by the Utility Department to determine if and when the property may receive water service. Water And Sewer Capital Facilities Charges Ordinance No. 90-35 & 93-03 SINGLE iNSIDE CITY ,]/OUTSIDE CITY FAMILY Water Sewer Water Sewer 1 Bedroom Unit $ 933.00 $166.00 $1,166.00 $207.00 2 Bedroom Unit $1,306.20 $232.40 $1632.40 $289.80 3 BedrOom Unit $1 ;6~79i40 $298.80 $2,098.80 $372.60 4 Bedroom Unit $1,866.00 $332.00 $2,332.00 $414.00 5 Bedroom Unit $2,052.60 $365.20 $2,565.20 $455.40 Based On: 1 Bedroom 1.0 x $933.00 $166.00 $1,166.00 $207.00 2 Bedroom 1.4 x $933.00 $166.00 $1,166.00 $207.00 3 Bedroom 1.8 x $933.00 $166.00 $1,166.00 $207.00 4 Bedroom 2.0 x $933.00 $166.00 $1,166.00 $207.00 5 Bedroom 2.2 x $933.00 $166.00 $1,166.00 $207.00 (Outside City Limits is 25 percent over City rate) APARTMENTS INSIDE CITY OUTSIDE CITY Water Sewer Water Sewer 1 Bedroom Unit $ 746.40 $132.80 $1932.80 $165.60 2 Bedroom Unit $1,119.60 $199.20 $1,399.20 $248.40 3 Bedroom Unit $1,492.80 $265.60 $1,865.60 $331.20 Based On: 1 Bedroom .8 x $933.00 $166.00 $1,166.00 $207.00 2 Bedroom 1.2x $933.00 $166.00 $1,166.00 $207.00 3 Bedroom 1.6 x $933.00 $166.00 $1,166.00 $207.00 NOTE:Any subdivision where each unit will be responsible for their own water will be classified under SINGLE FAMILY. Duplexes are classified under apash~lents and multiplied by the number, of bedrooms. Example, if 3 bedrooms per apartment, multiply the cost of 3 bedroom apartment x 2. Mobile homes and trailers are classified as having 1 equivalent dwelling unit (per City Ordinance 80-10) and are charged the same as a 1-bedroom unit. Permanent Water Meter Connection & Deposit Charges' Meter Size Connection ~ Deposit Inside City Outsi.~lK.l~ity ~A" $220 ($275_.~ $100 1" $255 $315 $125 1 ½" $455 $565 $250 2" $530 $660 $400 .... 3" ?. ,..: Furnished and installed by user $750 4" Furnished and installed by user $1,250 6" Furnished and installed by user $2,500 8" Furnished and installed by user $4,000 To upgrade from %" meter to 1" meter, customer must pay the difference between the two connection fees and also the difference between the deposits (if deposit has not already been refunded). Utility Department must approve all meters over 1". The contractor will furnish all meters over 2". However, City will repair or replace once original meter installed. Temporary Water Meter DePosit Charges Meter Size Deposit 1" $100 3" (ha~ to ~, approved by St~t~ S~,~c~) $600 -ServiCe Charges - - Turn On $20 After Hours Turn On $55 Delinquency $40 Returned Check $20 or 5% of check over $400 (whichever is greater) Meter Test* $20 Re-read (customer request)* $20 Flow Test* $30 Labor Charge for Meter Upgrades $60 *No charge if meter error, City's error, or sub-standard flow rate is detected 2560 I in. = 149.1 feet 2380 1870 2010 HIGHLAND RE) 0950 1061 0330 1311 1360 1510 1390 MINER RD 0010 0180 !0 0010 ~0200010~ 0020 0170 ~ 0090 0030 i 0160 Location Map- 'Exhibit "A" I "~~~' Palm Beach County Property Appraiser Property Search System Page 1 of 2 ~ Gary R. Ntkollts, CFA Palm Beach County Property Appraiser Public Access System Home Search - Property Information Search Resu,~ Location Addi'e~s: 1156 HIGHLAND RD ~[Show I~&p.. Property Info~ nation Municipality: COUNTY OF PALM BEACH Owner Inform tion Parcel Control Number: 00-43-45-09-08-000-0991 Structural Del ~il Subdivision: RIDGE GROVE IN Extra Feature.. Official Records Book: 02847 Page: 1523 Sale Date: Jan-1978 Land Detail Legal Description: RIDGE GROVE E 1/2 OF LOT 99 & LOT 100 Tax Detail Print Informatlo~:)wner Information Name: LUND JOHN F & ALICE M / Property Al~praiser Home Mailing Address: 1156 HIGHLAND RD / LAKE WORTH FL 33462 6114 JAIl Ownet~.~! -2003 Certified Appraisal Improvement Value: $84.599 Number of Units: 1 Land Value: $15,360 Total Sq. Ft: 2072 Market Value: $99,959 Acres: .00 Use Code: 0100 Description: SINGLE FAMILY - 2003 Certified Tax Ad Valorem: $900.66 ~ ['Fax Calculat°l~ Non ad valorem: $192.00 Total: $1,092.66 [. Detail... -2003 Certified Assessed & Taxable Values Assessed Value: $71,067 Exemption amount: $25,000 (2003 Exemption) Taxable: $46,067 - 2004 Exemption(s) Homestead ReceiptS: 0142049 Exemption Address:_ Regular Homestead: $25,000 TOTAL: $25,000 [ Detail... Sales Information Sales Date Book Page Price Instrument Owner Jan-1978 02847 1523 $4,000 00 Palm Beach County Property Appraiser Property Search System Page 1 of 1 ii Subareas for Building 1 Subarea Sa_. Foota~ Arj Percent Effective Area Area Under Air AS BASE AREA 1,562 00 00 00 GR FINISHED GARAGE 315 00 00 00 OP ~!NISHED OPEN PORCH : . 45 00 00 00 SP FINISHED SCREENED PORCH=~' . ~. 150 00 00 00 Total 2,072 - Structural Elements for Building 1 EXTERIOR WALL-1 CB STUCCO EXTERIOR WALL-2 N/A ROOF STRUCTURE GABLE/HIP ROOF COVER ASPH/COMP. SHG.=I.00 INTERIOR WALL-1 DRYWALL=I.00 INTERIOR WALL-2 N/A FLOOR TYPE-I CARPETING=l.00 FLOOR TYPE-2 N/A YEAR BUILT 1979 EFECTIVE YEAR 1982 TOTAL ROOMS BED ROOMS 3 FULL BATH 2 HALF BATH 0 BLDG USE 0100 STORIES 1 [ Show Drawing / Map J Print InfOrmation httv://www, co. valm-beach.fl.us/Daoedmain/stmct demil.aso?entitv id=004345090g00009... 12/22/2003 VI.-CONSENT AGENDA CITY OF BOYNTON BEAC] ITEM C.6. 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) [] January20,2004 January 5, 2004 (Noon) [] March l6, 2004 March l, 2004 (NoonO.~. [] Administrative · Legal ! :,~ c~ NATURE OF [] Announcement [] New Business ran AGENDA ITEM [] City Manager's Report [] Presentation j~ Consent Agenda [] Public Hearing ?-r~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Authorization to enter into an agreement with Florida Inland Navigation District (F.I.N.D.) in furtherance of an approved waterway assistance project. EXPLANATION: The Recreation and Parks Department has been awarded a $22,430.00 grant to renovate the Boat Club Fishing/Viewing Pier. The renovation includes re-decking, upgraded foot lighting and repairs to the existing structure. The City must enter into a project agreement to receive the grant award. Two signed "originals" are required (Exhibit A). The City will have up to two years from the effective date of the project agreement to complete the project. At the written request of the City, F.I.N.D. will allow a one-year extension for good cause. PROGRAM IMPACT: While the foundation is structurally sound, the 4,000 sq. fi. pier is worn with uneven surfaces and needs re-decking. According to Recreation & Parks Deparlment holiday and weekend attendance records, historically, Boat Club Park attracts over 37,000 boaters and fishermen annually. This funding will enable the City to renovate the fishing viewing pier that over 3,180 people used last year despite on-going park renovations. FISCAL IMPACT: The total project cost is $44,860.00. The grant award requires the City to provide a 50% cash match; $22,500.00 has been allocated in the adopted FY 2003/04 Capital Improvement Plan (Project no. CP0417) for the needed repairs. ALTERNATIVES: Not enter into the project agreement and forfeit the grant award. D'~'-~artmentlq~d's Signp~ · Ci~y~Vlanager's Signature Recreation & Parks Department Name City Attorney / Finance / Human Resources S:'~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PROJECT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA INLAND NAVIGATION DISTRICT (FIND), PROVIDING FOR ASSISTANCE FUNDING IN FURTHERANCE OF AN APPROVED WATERWAY ASSISTANCE PROJECT CONSISTING OF THE BOAT CLUB PARK FISHING/VIEWING PIER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has been awarded a $22,430 grant to the Boat Club Fishing/Viewing Pier, which includes re-decking, upgraded foot and repairs to the existing structure; and WItEREAS, the City will have up to two years from the effective date of the project to complete the project; and WHEREAS, while the foundation is structurally sound, the 4,000 sq. feet pier is with uneven surfaces and needs re-decking; and WHEREAS, the total project cost is $44,860 and the grant award requires the City to a 50% cash match, which match funds have been allocated in the adopted FY ~.003/04 Capital Improvement Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption lereof. Section 2. The City Commission of the City of Boynton Beach hereby authorizes ;:\CA~RESOV~,greements\Grants\FIND Agr - Boat Club Fishing-Viewing Pier.doc directs the City Manager to execute a Project Agreement between the City of Boynton and the Florida Inland Navigation District, a copy of which is attached hereto as Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk :\CA~:{ESO~,greements\Grants~FIND Agr - Boat Club Fishing-Viewing Pier.doc Exhibit A FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. PB-BB-03-105 This PROJECT AGREEMENT made and entered into this day of , 20__ by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the City of Boynton Beach, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises ad covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Boat Club Park Fishing/Viewing Pier. Said project is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters Any modifications to the PROJECT shall require advance notice to and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 1, 2005, unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT period extend beyond three (3) years from October 1, 2003. The PROJECT SPONSOR acknowledges there are no provisions to carry over the DISTRICT assistance funding under this Agreement beyond September 30, 2006, and that any extension of fimding beyond this date shall be at the sole discretion of the DISTRICT. Any request for extension of funding beyond the date set forth in the preceding paragraph shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July 1, 2005. This request will then be considered by the DISTRICT Board, whose decision shall be final. 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than Fifty percent (50%) of the PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed ~ 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Form #95-01 (Exhibit C), and including upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the PROJECT period, with the exception of pre-agreement costs, if any specifically identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. 6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project fimds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit A: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT AMOUNT less any prior installment payments. The Payment mounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 17. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-year retention period. 10. NONCOMPLIANCE - The DISTRICT shall have the right to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for noncompliance by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification fi'om the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the prOject Agreement. 13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95,02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON- COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by ali federal, state and local permits and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with state and federal statutory requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. 15. NON-DISCRIMINATION The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATION The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years after completion of the PROJECT, such dedicatiOn to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location at the completed project which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this paragraph shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. 18. PROJECT MAINTENANCE - When and where applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT' improvements shall be maintained in accordance with the standards of maintenance for other local facilities and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 21. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 22. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. 23. NOTICE - Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 3347%9498 To the PROJECT SPONSOR at: City of Boynton Beach Attention: Director City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 24. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 25. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this document, other than another govemmental entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement fi:om the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. 28. LITIGATION COSTS/VENUE - In the event the DISTRICT or the PROEJCT SPONSOR institutes any action or suit to enforce the provisions of the Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post-judgment levels. The venue of any such litigation shall be had only in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT By: Director DATE: WITNESSES: PROJECT SPONSOR By: Title: DATE: EXttlBIT A CHAPTER 66B-2 -.. WATERWAYS ASSISTANCE PROGRAM (2003) 66B-2.001 Purpose. 66B-2.002 Forms. 66B-2.003 Definitions. 66B-2.004 Policy. 66B-2.005 Funds Allocation. 66B-2.006 Application Process. 66B-2.0061 Emergency Applications. 66B-2.007 Application Form. (Repealed) 66B-2.008 Project Eligibility. 66B-2.009 Project Administration. 66B-2.010 Project Agreement. (Repealed) 66B-2.011 Reimbursement. 66B-2.012 Accountability. 66B-2.013 Acknowledgement. 66B-2.014 Small-Scale Spoil Island Restoration & Enhancement Projects. 66B-2.001 -- Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created s. 374.976, Florida Statutes. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this role is to set forth the District's policy and procedures for the implementation of an assistance program under s. 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History m New 12-17-90, Formerly 16T-2.001. EXHIBIT A 66B-2.002, , Forms. All forms for the administration of this program are available from the District office. Specific ,tuthority 374.976(2) FS. Law Implemented 374.976(1) FS. History-- New 12-17~90, Formerly 16T-2. 002. 66tl-2.003 -- Definitions. The basic terms utilized in this role are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICt'" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "ENVIRONMENTAL PERMITS" means those permits, exemptions, or general permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors. (9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. EXHIBIT A (10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (12) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (13) "MEMBER COUNTY" means a county located within the taxing boundaries of the District, which includes Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie; Martin, Palm Beach, Broward and Dada Counties. (14) 'qqAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (15) "PRE-AGREEMENT COSTS" means project costs approved by the District Board that have occurred prior to the execution of the project agreement. (16) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (17) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (18) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (19) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (20) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. · , EXHIBIT A (21) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (22) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (23) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (24) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (25) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway in Martin County, the Barge Canal in Brevard County west of the Port Canaveral Locks, the Rim Canal in Palm Beach County, the Dania Cut- Off Canal in Broward County, navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterways. (26) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes' motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History--New 12-I7-90, Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98, 3-21-01. 4 EXHIB~ A 66II-2.004 w Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Member counties may also be provided financial assistance, support, and cooperation in planning and carrying out beach renourishment and inlet management projects. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, public 'recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Eligible local governments may also be provided fmancial assistance, support and cooperation in planning and carrying out beach renourishment and inlet management projects. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for environmental mitigation projects associated with waterway improvement related activities and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall EXHIBIT A contribute at least equal matching funds to any District fmancial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (2) Notification: The District will notify by direct mail and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. (3) Project Approval: Approval of projects by the District shall be in accordance with these rules. (4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in s. 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. 6 (6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (7) Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. (8) Third-Party Agreements: Projects that are being developed and operated by a third party which is a not-for-profit agency shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will include a project liaison that is a staff member of the eligible project sponsor, oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement, and submission of the third party's most recent audited financial statement. All third party projects shall be open to the public in accordance with this rule. (9) Non-compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non- compliance with any of the terms of the project agreement or this rule, if such non- compliance calls into question the ability of the applicant to complete the project. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. Specific Authority 374.976(2) F$. Law Implemented 374.976(1), (2) F$. History- New 12-17-90, Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02. 7 EXHIBIT A 66B-2.005 -- Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be ~reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (a thru e) Waterways Assistance Program Application Evaluation and Rating Form (effective date 03-21-01); and 93-25 and 93-25 (a and b) Waterways Assistance Program Navigation Districts Application Evaluation and Rating Form, (effective date 03-21-01), hereby incorporated by reference and available from the District office. (1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) per cent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, in counties that are recovering from a state of emergency declared under Chapter 252, Florida Statutes. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at minimum, equal matching funds from the project sponsor with the exception of public navigation projects that meet the provisions of s.66B-2.005(7) and small-scale spoil island restoration and enhancement projects that meet the provisions of s.66B-2.013. Applicant's in- house costs are limited pursuant to s. 66B-2.008(1)(c). All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent (50%) of the local share of the cost of an inlet management or EXHIBIT A beach renourishment project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project (3) Pre-agreement Expenses: The project sponsor shall not commence work on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre-agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents. All project costs must be incurred and: work performed within the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be approved if they are consistent with the provisions of rule 66B-1.008 and occur within the fiscal year of the grant application submission (October 1st to September 30*). Pre-agreement expenses, except for projects approved by the Board as multi-year projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half(I/2) or less of the approved pre-agreement expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi-year projects. (4) Multi-Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi-year basis can be made at any time during the application review process. (5) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in s. 66B-2.005(1) from the county in which such seaport is located if the - EXHIBIT A seaport can demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in s. 66B-2.005(1) from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. (6) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The. District shall contribute no more than fifty per cent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to s. 161.161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. 10 · EXHIBIT A The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with s. 161, F.S. (7) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to ninety (90%) per cent program funds include: (a) Navigation channel dredging where the project sponsor demonstrates that the source of channel sedimentation has been identified and is in the process of or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project,. (b) Navigation channel lighting and markers. Other public navigation projects or project elements will only qualify for up to fifty percent (50%) program funding. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History- New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98, 8-26-99, 3-21-01, 7-30-02 66B-2.006 Application Process. (1) Application Period: Applications for assistance through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Application Form Number FIND 90-22 (effective date 7-30- 02) and 93-22 (effective date 7-30-02) are hereby incorporated by reference and 11 EXHIBIT A available from the District office. With the exception of Small-Scale Spoil Island Restoration and Enhancement projects, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22. All applications for financial assistance and support through this program from navigation related districts shall be made on Form Number FIND 93-22. (3) Sponsor Resolution: The project sponsor shall approve the Submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date 10-14-92) hereby incorporated by reference and available from the District office. (4) AttOrney's Certification: If the application is for a prOject that is a land based development project, the applicant shall submit an Attorney's Certification of Tire, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and available from the District office. (5) Application Review: Applications will be reviewed by the local FIND Commissioner before being submitted to the District Office. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02) and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. In order to have a complete application, the applicant shall not only submit the forms required under Rule 66B-2.006, and any other information requirements identified in the Application Checklist (FIND Form Number 90-26), but such forms and other submitted information must be 12 EXHIBIT A completely filled out, executed as applicable, and also establish compliance with Rule 66B-2. (6) Interlocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by the District's long range dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway channel in Martin County as documented by the District's long range dredged material management plan, will directly benefit the maintenance or improvement of District property, or have multiple funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to s.163, FS. or s. 374.984(6)(a), FS. District staff will identify these applications and present them to the Board for their determination as to funding. Inteflocal agreement projects shall comply with all other provisions of this rule, except for pre-agreement expenses, permitting and property control requirements. (7) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. (8) Application Evaluation and Rating Score: Following the presentations, the Board will .review the applications and evaluate them using the Project Evaluation and Rating Forms No. 91-25 (effective date 3-21-01), and No. 91-25(a thru e) for Waterways Assistance Program applications, and 93-25 and 93-25(a & b) for Navigation Related District applications, hereby incorporated by reference and available from the District office. The total points awarded to each application by the Commissioners will be averaged to determine an applications final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the 13 EXHIBIT A majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application. (9) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project. Allocations will be baSed in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History- New 12-17-90, Amended 9-2~92, 6-24-93, 4-12-95, Formerly 16T-2.006, Amended 5-25-00, 3-21-01, 7-30-02. 66B-2.0061 -- Emergency AppliCations. Emergency applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History- New 6-24-93, Amended 2- 6-97, Formerly 16T-2.0061. 66B-2.007 -- Application Form. (Repealed) Specific Authority 374.976(2) F$. Law Implemented 374.976(1) F$. History-- New 12-17-90, Amended 6-24-93, 2-3-94, 4-12-95, Formerly 16T-2.007, Repealed 7-30-02. 66B-2.008 - Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation, public recreation, environmental education, boating safety, spoil site acquisition directly related to the waterways, inlet management, environmental mitigation and beach renourishment. 14 EXHIBIT A (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, improvement, operation or maintenance of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging; 2. Public navigation aids and markers; 3. Inlet management projects that are a benefit to public navigation in the District; 4. Public shoreline stabilizatiOn; 5. Public spoil disposal site development; 6. Waterway signs and buoys for safety, regulation or information; 7. Public boat ramps and launching facilities and land acquisition for additional trailer parking at an existing boat ramp; 8. Public boat docking and mooring facilities; 9. Derelict Vessel Removal; 10. Waterways related environmental education programs and facilities; 1 I. Public fishing and viewing piers; 12. Public waterfront boardwalks; 13. Waterways boating safety programs and equipment; 14. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and 15. Other waterway related projects. (b) Ineligible Projects or Project Elements: Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, land acquisition that is not for additional 15 EXHIBIT A trailer parking at an existing boat ramp, irrigation equipment, ball-courts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping; 2. Restrooms for non-waterway users; 3. Roadways providing access to non-waterway users; 4. Parking areas for non-waterway users; 5. Utilities for non-waterway related facilities; 6. Lighting for non-waterway related facilities; 7. Maintenance equipment; 8. Picnic shelters and furniture; 9. Vehicles to transport vessels; 10. Operational items such as fuel, oil, etc. (c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: 1. The following project costs will be eligible for program funding or as matching funding: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; e. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. 2. The following project costs, with the exception of those projects requesting Small-Scale Spoil Island Restoration and Enhancement funding, will be eligible only as matching costs and cannot exceed fifteen (15) percent of the applicants match: a. Applicant's non-recurring personnel costs; b. Applicant's equipment costs; 16 EXHIBIT A c. Applicant's in-house project management administration, and inspection costs; d. Applicant's in-house design, permitting, planning, engineering or surveying costs for completed construction project; e. Applicant's other in-kind services. Before reimbursement is made by the District on any of the costs listed in subsection 1. or 2. above, a construction contract for the project approved and executed by the project sponsor and project contractor must be submitted to the District. (d) Phasing of Projects: Applications for eligible waterway projects will be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work will be submitted along with the Phase I apPlication for' Board review. Applicants for construction projects that include elements that require federal or state environmental permits will demonstrate that all required environmental permitting will be completed by the District's final TRIM heating. This demonstration will be by the submission of the required environmental permit(s) or by the submission of a letter from the agency(s) stating that a permit is not required. Should the environmental permitting element of an application that has construction elements that require federal or state environmental permits not be completed by the District's final TRIM hearing, the construction portion of the project will not be considered for funding. The District will not deviate from the funding schedule, whereby funding decisions are completed at the final TRIM hearing, to accommodate any application deficiency. (2) Property Control: The site of a new proposed land-based development project, with the exception of those projects requesting Small-Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for 17 EXHIBIT A which the project was intended for a minimum period of 25 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co- applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated for public use if (a) the property has been designated for the use for which the project is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1940 or (b) the project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application, or (c) there is no ongoing litigation challenging the designated use of the property as shown on the plat or map, nor has there been any judicial determination contrary to the use by the public for the use shown on the plat or map. (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws and regulations in the development of the project. (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have at least ten (10%) percent of their slips or mooring areas available for transient vessels. Program funds to public marina projects shall not be utilized for maintenance of the facilities if revenues generated by the 18 EXHIBIT A facility are not exclusively allocated to the operation, maintenance and improvement of the public marina facility. (5) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs. Specific ~tuthority 374.976(2) FS. law Implemented 374.976(1)- (3) F$. History--New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31- 99,5-25-00,3-21-01, 7-30-02. 66B-2.009 m Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement, prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year. (2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project 19 EXHIBIT A sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board, except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the .approved project's category nor result in a reallocation of more than 35% of the approved funding of the project among Project elements. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's purpose or project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Form 95- 02, "Assistance Program Project Quarterly Status Report, dated 7-30-02, hereby incorporated by reference and available at the District office. (5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with s.66B-2.011. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. EXHIBIT A (7) Project Completion: The project shall be completed within three (3) years of the date beginning of the District's first fiscal year for which the project was approved. If the completion of a project is 'impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby incorporated by reference and available from the District office, which certifies that the project was Completed in accordance with the project agreement and the final Project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by s. 66B- 2.013. (d) Photograph(s) of the completed project clearly showing the program improvements. (9) Project Completion Review: The project manager will review the project completion package and will authorize or reject the final reimbursement payment, which will include all retained funds from previous requests. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) F$. History- New 12-]7-90, Formerly 16T-2. 009, Amended 3-21-01. 66B-2.010 Project Agreement. (Repealed) Specific Authority 374.976(2) F$. Law Implemented 374.976(1) F$. History -- New 12-17-90, Amended 9-5-96, 1-01, Formerly 16T-2.010, Repealed 7-30-02. 66B-2.011 ~ Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall 21 EXHIBIT A be on a reimbursement only basis_ The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-14 (effective 7-30-02), hereby incorporated by reference and available from the District office. (1) Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of (a) the percentage total of project funding that the Board has agreed to fund, or (b) the maximum application funding assistance amount. (2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed bUt a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain ten percent (10%) of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. 22 " EXHIBIT A (5) Check Presentations: A District representative shall present the f'mal reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. Specific ~4uthority 374.976(2) FS. Law Implemented 374.976(1) FS. History-- New 12-17-90, ~4rnended 6-24-93, Formerly I6T-2.011, ,{mended 3-31-99, 7-30-02 66B-2.012 - Accountability. The following procedures shall govern the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system that meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with s.66B-2.009(4). (3) Completion Certification: All required final completion certification documents and materials as outlined in s.66B-2.009(8) of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) Project Records: The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the fmal reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this mle and applicable laws, the project sponsor shall repay the misused program funds to the District. EXHIBIT A Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History- New 12-17-90, Formerly 16T-2. Ol 2, Amended 7-30-02. 66B-2.013 Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, in a prominent location at the completed project that indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History- New 12-17-90, Formerly 16T-2.013. 66B-2.014 Small-Scale Spoil Island Restoration and Enhancement Projects. Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within the District's waterways for recreational, navigational, educational, and environmental purposes. The provisions of this rule apply to these applications with the following additions or exceptions: (1) Application ProCedure - A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document//03-02 Call for Proposals - Small Scale Spoil Island Restoration and Enhancement Program, effective date 7-30-02, hereby incorporated by reference and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (90%) program funds. The applicant's ten 24 ....,_ EXHIBIT A percent (10%) matching funds may include in-kind contribution pursuant to s66B- 2.014(4) (b). (3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding. (a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site. (b) Property Control: The Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease, interlocal agreement, use agreement or other legal form approved by the District. (4) Funds Allocation: Funds shall be allocated pursuant to s. 66B-2.005, subject to the exceptions identified in this rule, and with the following additions: (a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County, per fiscal year. (b) The Project Sponsor may contribute in-kind construction labor; such in-kind construction labor costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be incorporated into the Project as Project costs. (c) The funding provided by the District shall only be allocated for specific Project expenses such as construction materials, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages. (5) Hold Harmless Waiver: All volunteers, who are not government employees, shall sign a hold harmless waiver Form No. 02-01 (New 7-30-02) as approved by the District and hereby incorporated by reference and available from the District office. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) Fig. History-- New 7-30-02. 25 EXHIBIT B PROJECT N UI~'i IIEI~: I'B-BB-03-105 PROJECT TITLE: Boat Club Park Fishing/Viewing Pier APPLICANT: City Of Boynto. Beach Revision Date: Project Elcmcnts Quantity Estimated Applicants FIND (Numbcr and/or Cost Cost Cost FootaeeI Ironwood Decking i 4,000 sq. ft. +$ 13080.00 +$ 6540.00 +$ 6540.00 Installation of Decking i +$ 20000.00 i+$ 10000.00 10000.00 !Top Rail (recycled plastic) i 1200 I.f. +$ 3780.00 i+$ 1890.00 +$ 1890.00 Installation of Top Rail i +$ 3000.00 i +$ 1500.00 +$ 1500.00 Electrical Upgrades- i +$ 5000.00 i +$ 2500.00 +$ 2500.00 Light Fixtures ! i · ..._ i , TOTALS +$ 44860.00 1+$ 22430.00 :+$ 22430.00 I EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Matching Funds Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project Sponsor, as of October 01,200, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated October 200_.* Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty Of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 9/9/95 (revised 7-30-02) EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT NO.: PROJECT SPONSOR: BILLING NO.: Amount of Assistance All Funds Previously Requested Balance Available = Funds Requested Less Retainage (-10% unless final) Check Amount Balance Available Less Check Amount ~-- Balance Remaining = SCHEDULE OF EXPENDITURES Expense Description Check No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit "B") FIND - Form No. 90-14 (NOTE: Signature Required on Page 2) Effective Date 7-30-02) FIND - Form No. 90-14 Page Two EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Expense Description Check No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit "B") Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "B" of the Project Agreement. * Project Liaison Date *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND - Form No. 90-14 Effective Date 7-30-02) EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Cooperative Assistance Program Project Agreement between the Florida Inland Navigation District and , dated ,20 , and that all funds were expended in accordance with Exhibit "B" and Paragraph 1 of the Project Agreement. * Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be gnilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 90-13 (Effective Date: 12-17-90, Revised 7-30-02) EXHIBIT F ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD Oct 1-DEC 15 Dec 15-Mar 1__ Mar 1-June 15 June 15-Sep 1 Report Due: (Dec 30) (March 15) (June 30) (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 (Effective Date: 7-30-02) EXHIBIT G WATERWAYS ASSISTANCE PROJECT SCHEDULE OCTOBER 2003 - Project Agreement Executed, Project Initiates. DECEMBER 30, 2003 - First Quarterly Report Due. MARCH 15, 2004 - Second Quarterly Report Due. JUNE 30, 2004 - Third Quarterly Report Due. SEPTEMBER 15, 2004 - Fourth Quarterly Report Due. DECEMBER 30, 2004 - Fifth Quarterly Report Due. MARCH 15, 2005 - Sixth Quarterly Report Due. JUNE 30, 2005 - Seventh Quarterly Report Due. NOTE: If project will not be completed and aH close out paperwork submitted by September Ist, a request for an extension of the completion date of the project shouM be submitted with the quarterly report. SEPTEMBER 1, 2005 - Closeout paperwork due. By September 30, 2005 - District finishes processing closeout paperwork, performs project inspection and submits final reimbursement check to sponsor. NOTE: ~4ny modifications to the PROJECT shah require advance notice and prior written approval of the District. The appropriate timing for modifications to the project cost estimate, Exhibit B, wouM be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit B may result in revocation of this agreement pursuant to Paragraph 13 of the project agreement. EXHIBIT H VI.-CONSENT AGENDA ITEM D.1. CITY OF BOYNTON BEACIq 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) [] January6, 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 maintain this item on the January 20, 2004 City Commission Agenda under Consent Agenda. This item was tabled by the City Commission on January 6, 2004 in order to first obtain court approval for its review given its conflict with a prior court settlement limiting the property to an ACLF. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-295. EXPLANATION: PROJECT: Venetian Villas (NWSP 03-021) AGENT: Michael Hoeflinger, Atlantis Development Group LLC OWNER: RSPB, LLC LOCATION: South side of Southwest 23rd Avenue (Golf Road) appx. 600 feet east of Congress Avenue DESCRIPTION: Request for new site plan approval for 50 fee-simple townhomes on a 4.69-acre parcel zoned R-3. As explained in the ,staff report, this property is the subject of a 1989 "Stipulation and Settlement Agreement" between the original property owners and the City of Boynton Beach. While the Agreement allowed the rezoning to the R-3 district, it restricted the use of the property to an Adult Congregate Living Facility (ACLF). Additionally, the Agreement governs building height, roof pitch, parking lot lighting, dumpster placement, use of the LWDD Canal right-of-way, buffering, and landscaping. The previous development application submitted by Land Design South was allowed to be reviewed despite the Agreement, pursuant to two subsequent Joint Motion and Agreed Orders authorized by the court. Since these Agreed Orders were project specific, the court must again be petitioned to allow the current project to be reviewed in conflict with the Settlement Agreement. If ultimately supported by the City, both parties would petition the courts to amend the Settlement Agreement consistent with the approved site plan. Staff has reviewed this project against the LDR, the requirements of the Settlement Agreement, and for impact upon the surrounding neighborhood. The project complies with most of the site requirements of the Agreement; however, staff supports amendment of the Agreement to ensure that lighting levels meet minimum city standards, and to promote consistency of the rear buffer wall with the adjacent project. To assist the Commission with this review, staff has identified within the conditions of approval, the development requirements of the Settlement Agreement and specifically where a conflict exists which should be corrected on the plans or through amendment of the Agreement. If approved by the Commission, the ultimate approved site plan, including aH conditions of approval would be the subject of the request to the courts for amendment of the original Stipulation and Settlement Agreement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Deny project and continue recognizing original Settlement Agreement and its limit to ACLF use. S:~BULLETIN~FORMSLa. GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Development Department Director City Manager's Signature Planning and Zoni~irector City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTSWenetian Villas~Agenda Item Request Venetian Villas NWSP 03-021 1-20-04.dot S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTbtENT PLANNI'NG AND ZONZNG DZVZSTON MEMORANDUH NO. PZ 03'295 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee .lohnson, AICP Planner DATE: December 11, 2003 PROJECT NAME/NO: Venetian Villas / NWSP 03-021 REQUEST: New Site Plan PRO.1ECT DESCRZPTZON Property Owner: RSPB, LLC Applicant: Venetian Villas, LLC in care of Mr. Michael Hoeflinger Agent: Mr. Michael Hoeflinger with Atlantis Development Corporation LocaUon: South side of Southwest 23~ Avenue (Golf Road), west of Southwest 13~ Street, approximately 600 feet east of Congress Avenue (see Exhibit "A' - Location Map) Existing Land Use/Zoning: High Density ResidenUal (HDR) / MulU-family Residential (R-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 50 fee-simple townhouse units at 10.64 du / acre Acreage: 4.699 acres (200,376 square feet) Adjacent Uses: North: Right-of-way for Southwest 23~ Avenue (Golf Road), then developed single-family residenUal homes (Leisureville) with a Moderate Density ResidenUal (MDR) land use designaUon, zoned Single-family ResidenUal (R1-AA) and developed as a Planned Unit Development; South: Right-of-way for the Lake Worth Drainage District L-27 Canal, also known as the Staff Report- Venetian Villas (NWSP 03-021 ) Memorandum No PZ 03-295 Page 2 Lazy Lake Waterway, then farther south are single-family residential homes with a Low Density Residential (LDR) land use designation, zoned Single-family Residential (R1-AA); East: Right-of-way for Southwest 13m Street, then farther east are developed single- family homes with a Low Density ResidenUal (LDR) land use designaUon, zoned Single-family ResidenUal (Ri-AA); and West: Developed residential (Homewood Residence) with a High Density Residential (HDR) land use designation, zoned Multi-family Residential (R-3), then farther west is the right-of-way for Congress Avenue. BACKGROUND Proposal: Mr. Michael Hoeflinger proposes to construct 50 fee-simple townhomes on a 4.699- acre parcel in the R-3 zoning district. The project would be a gated community. The subject site is a portion of properties located on both the northeast and southeast corners of Southwest 23~d Avenue (Golf Road) and Congress Avenue. These properties (known as Alhambra Square South and Alhambra Square ACLF) were the subject of a 1989 "Stipulation and Settlement Agreement" (see Exhibit "D'~. This Agreement was forged between the property owners and the City of Boynton Beach. While the Agreement allowed the property owner to rezone to the R-3 zoning district in order to allow for a higher density, it restricted the use of the property to an Adult Congregate Living Fadlity (ACLF) with at most, 248 beds. In September of 2002, Mr. Bob Bentz of Land Design South submitted a request to rezone the property from R-3 to Planned Unit Development (PUD) in order to construct 66 townhouse units. In August of 2000, a Joint Motion and Agreed Order was authorized by the Court that allowed the review of an altemative development plan. If supported by the Planning & Development Board, the Court could be petitioned to amend the Agreement. The Board unanimously denied the request for site plan approval. Unable to review the plan, the City Commission on February 18, 2003, moved to request another court order to allow the Commission to review the proposed project. The desired court order was granted. Any new or substantial change to the existing application would need full review by staff, the Planning & Development Board, and the City Commission. This project is not a request to rezone to PUD and is a site plan only, wholly separate from the previous applicant. If this site plan were approved as proposed (with townhouses), the settlement agreement would have to be amended accordingly to lift the use restriction of the property to that of only an ACLF (see Exhibit"C"- Conditions of Approval). Additionally, the Agreement also currently govems building height, roof pitch, parking lot lighting, dumpster placement, use of the LWDD Canal right-of-way, buffeting, and landscaping. Staff reviewed the proposed site plan ~o ensure compliance with the design guidelines of the Agreement (see Exhibit "C" - Conditions of Approval). Aside from the Agreement, townhouses are permitted uses in the R-3 zoning district. All proposed development would occur in one (1) phase. Staff Report- Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 3 Site Characteristic: As previously mentioned, the subject property is a rectangular-shaped lot located on the south side of Southwest 23~ Avenue, east of Congress Avenue. According to the previous site plan staff report for Hampton Court (NWSP 02-023), the .lanuary 14, 2003 Environmental Assessment (submitted with Mr. Bentz request) indicated that the majority of the subject parcel had been previously cleared. The Assessment reports that the vegetation remaining on the parcel consists of a scattered slash pines and exotic trees and shrubs. The open areas on the site are comprised of disturbed open field over-grown with native and non-native weedy herbaceous plants. No endangered, threatened, or species of special concern as listed by the US Fish and Wildlife Service (USFWS) and Florida Fish Wildlife Conservation Commission (FFWCC) were observed on the project site. No unique or endangered habitat, migratory bird rookeries, wading bird habitat or colonial bird nesting / roosting areas are located on the subject site. Evidence of Osprey utilizing Australian and Slash pine trees as feeding perches was observed. However, the Osprey is not listed as a species of special concern in the State of Florida; except for in Monroe County. Also, no wetlands or other surface waters are located on this parcel. The survey shows that an asphalt path runs within the interior of the site starting at the terminus of the Southwest 13b~ Street right-of- way. The survey also shows that an abandoned 10-foot wide utility easement was located near the center of the property. Concurrency: Traffic: A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards of Palm Beach County. The anticipated build-out year is 2005. Drainage: Conceptual drainage information was provided for the Oty's review. The City's concurrency ordinance requires drainage certification at time of site plan approval.* The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. The on-site drainage system shall be accomplished via a combination of green swales, exfiltration trenches, and dry retention. The drainage design shall conform to the requirements of the City of Boynton Beach, South Florida Water Management District, and the Lake Worth Drainage District (LWDD). The paving, grading, and drainage plan shows an outfall into the LWDD canal. This point of outfall will require permits from the LWDD. According to the LWDD, when improving a piece of prOperty that abuts an LWDD right-of-way, the developer is typically required to dredge or improve that portion of the right-of-way (canal) that directly abuts said property in case of an emergency (i.e. hurricane). ~[f possible, Oty staff respectfully requests the applicant petition the LWDD to dredge the right-of-way adjacent to the subject property, to the minimal extent possible (to the satisfaction of the District) so as to not Impact the flora and fauna that may be found in the LWDD right-of-way and providing additional buffer to adjacent single family residential (see Exhibit "C"- Conditions of Approval). Staff Report - Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 4 School.' The School District of Palm Beach County is currently reviewing the project for school concurrency purposes. As of today's date, no determination has been received from the District. Therefore, no building permits shall be issued unit the District approves the project (see Exhibit "C~ - Conditions of Approval). Driveways.- The site plan (sheet AS-Z) shows that the development's main driveway is proposed on Southwest 23rd Avenue (Golf Road). This point of access would allow for both vehicular and pedestrian ingress ! egress. ~[t would be a gated entry. Two (2) vehicular ingress lanes and one (Z) vehicular egress lane is proposed at this ddveway opening. A vehicle turn-around area would be provided as well. The Engineering Division of Public Works reviewed the vehicle turn-around area and determined that the queuing area would be adequate. A subordinate ddveway opening is also proposed on Southwest 23r~ Avenue, just west of the proposed main entry drive. This ddveway would only allow for vehicular egress and for pedestrian ingress / egress. Similady, it would also be gated. One emergency point of access is proposed at the southeast corner of the property, near the terminus of Southwest 13a Street. This entrance / exit would be only be used for emergency vehides if all other points of access were obstructed. It would remain as a fenced portion of the property but equipped with a Knox Box so that in case of emergency, vehides could enter or exit the site without complication. Staff recommends improving the unimproved portion of Southwest 13~h Street so that it would connect to the project's proposed point of emergency ingress / egress (see Exhibit "C" - Conditions of Approval). Parking Fadlity: Two and three bedroom townhouse units would require two (2) parking spaces for each unit. The recreation area would require five (5) parking spaces. Based on the above-referenced methodologies, 105 parking spaces would be required for the proposed project. The site plan (sheet AS-l) shows that 115 parking spaces or an excess of 10 spaces would be provided. The project proposes several types of models, namely Unit "A" through Unit "D". Each type of unit would have two-car garages, except for Unit"A'; which would have a one-car garage. The driveways in front of Unit"A" however, would be large enough to accommodate one (1) parked Vehicle. Therefore, each unit would be able to comply with their off-street parking requirement regardless of the on-street parking that would be provided. The site plan (sheet AS-l) shows several parallel and 90-degree parking stalls. The detail of the parking spaces (as shown on sheet AS-l) indicates that the 90-degree parking stalls would be dimensioned 10 feet in width by 20 feet in length. The 90-degree handicap space would be 12 feet in width with five (5) feet of striping by 20 feet in length. The dimensions of the proposed parallel parking spaces would have to comply with Engineering Drawing K-1 (see Exhibit "C" - Conditions of Approval). The parking lot lighting is shown on the photometric Plan (sheet ES-l). The proposed outdoor freestanding lighting structures would be 25 feet in height and made of a concrete pole, The proposed lighting levels near the perimeter of the property would be minimal because the lighting poles would be located internal to parcel, away from the abutting residential properties. This would comply with the lighting pole location restriction of the Agreement. However, a note on the plans Staff Report- Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 5 indicates that the lights would comply with Chapter 23, Article II.A. 1 of the Land Development Regulations, meaning that they will remain illuminated until 2:00 a.m. Therefore, the plans are in violation of this stipulation. Staff recommends the Agreement be amended to allow for code required lighting, illuminating the project similar to lighting levels on public streets (see Exhibit"C"- Conditions of Approval). Landscaping: The proposed pervious area of the parcel equals 1.645 acres or 35% of the total site. The Planting Data Table (sheet L-2) indicates that 56% of the shade / palm trees would be native. Over 67% of the shrubs and accents would be native. Rnally, 80% of the groundcover plant material would be native. The Table indicates that the plan would provide a total of 121 shade and palm trees, 1,837 shrubs and accents, and 485 groundcover plants. The width of the north (front) landscape buffer along Southwest 23r~ Avenue (Golf Road) varies but would be at minimum, 15 feet in width and contain Brazallan Beauty Leaf, Simpson's Stopper and Purple Glory trees with a row of Redtip Cocoplum hedges installed at the base. An extra row of colorful Iow-growing groundcover would be required on the north side of the proposed row of Recltip Cocoplum hedges in order to comply with Chapter 7.5, Artide 1]~, Section 5.D of the Land Development Regulations (see Exhibit "C' - Conditions of Approval). The west (side) landscape buffer width would vary but be at least 20 feet wide and contain 11 Gumbo Limbo shade trees. A row of Fakahatchee grass is also proposed along the perimeter of the westem property line. The width of the south (rear) landscape buffer (adjacent to the Canal) varies but would be at minimum, 40 feet in width and contain a mixture of Eve Oak and Sweet Mahogany trees with a row of Fakahatchee Grass installed along the southern perimeter. The trees within this buffer would be installed at varying heights (12 feet, 1,t feet, and 16 feet). The developer wants to ensure that the views of the townhouse project would be screened at the upper (2n~ story) levels so as to not impact thesingle-family neighborhood across the canal. However, on the subject properLy, direct visual access of the canal would be maintained at ground level just above the height of the Fakahatchee Grass. According to th'e developer, these units would be sold at a premium rate because of the "waterfront" characteristic. The Court Agreement also stipulates that "no parking spaces or improvements except landscaping shall be constructed or installed in the Lake Worth Drainage District "right-of-way" south of the Alhambra Square South and Alhambra Square ACLF parcels". The proposed plans comply with the Agreement. The width of the east (side) landscape buffer adjacent to Southwest 13th Street varies but would be at minimum, nine (9) feet wide. Similarly, this buffer would contain Uve Oak and Sweet Mahogany trees and a row Redtip Cocoplum hedges installed along the base. An extra row of Iow-growing groundcover plants would be required along the street side of the Redtip Cocoplum hedges. Within this buffer and similar to the southem buffer, staff recommends varying the heights of the proposed Uve Oak and Sweet Mahogany trees between 12 feet and 16 feet (see Exhibit "C" - Conditions of Approval). The Landscape Elevations (as shown on Staff Report - Venetian Villas (NWSP 03-021 ) Memorandum No PZ 03-295 Page 6 Sheet L-3) depict how the proposed landscape material would screen and soften the proposed development as viewed from the public rights-of-way. Buildings and Site: The proposed buildings and site design would generally meet code requirements when staff comments are incorporated into the permit drawings. According to the site plan (sheet AS-l), a six (6) foot high green aluminum picket fence would surround the entire property, except for along the southem property line adjacent to the LWDD canal. The fence is shown on the ~Entry Gates Elevation" on sheet A- F-1. No other fence, except the require one around the pool area, are proposed now or in the future. No ~buffer wall'; as required by the Agreement, is proposed along the south property line. The omission of the wall along the south property line violates this stipulation. Staff recommends a combination of wall/landscaping similar to the Homewood Residence be placed along the southern property line of the subject property (see Exhibit"C"- Conditions of Approval). This would require amending the Agreement. To avoid future confusion, staff is requesting the architect place a note on the site plan indicating that no provisions are made for future outdoor patios, internal fences, screen-roof, or solid-roof enclosures other than what is shown on the plan (see Exhibit "C"- Conditions of Approval). This note would be separate and apart from the limitations imposed by the Agreement. The 50 dwelling units are proposed within 10 separate buildings (Buildings "A" through "J'~) on the 4.699-acre site. The proposed density is 10.64 units per acre, which would comply with the maximum allowed density of 10.8 dwelling units per acre of the High Density Residential (HDR) future land use designation. However, as previously mentioned, the Agreement would have to be amended to allow for a use other than an ACLF (or detached single family homes). All buildings combined would account for 29.15% lot coverage and are proposed as two (2) story structures. This would comply with the Agreement's limitation on the maximum number of stories. It would also comply with the maximum number of stories allowed in the R-3 zoning district. The tallest building would be 26 feet - five (5) inches in height. This needs to be itemized on the site plan tabular data (see Exhibit"C"- Conditions of Approval). The units would have either two (2) or three (3) bedrooms. The overall living area (from 1,560 square feet to 2,059 square feet) would vary between each unit type. The townhouse buildings would be setback as follows: 40 feet from Southwest 23~ Avenue (Golf Road); 20 feet from the west (side) property line; 20 feet from the east (side) property line along Southwest 13~ Street; and 40 feet from the south (rear) property line along the LWDD Lazy Lake Canal. The project complies with the setback requirements of the R-3 zoning district. All buildings would be separated from each other by at least 13 feet. No dumpster enclosure is proposed. The developer proposed rollout container service for each unit. The Public Works Department has reViewed the plans and determined that rollout containers would work for the community. However, Public Works requests that future owners residing in the building labeled as Building ~C" (as shown on sheet AS-l) locate their containers across the street on the east side of Building "C" on trash pickup days due to their ~dght side pickup" equipment. Staff assumes that the rollout containers would be stored inside the garages during Staff Report- Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 7 non-trash pickup days. The rollout containers would meet the intent of the dumpster enclosure restriction of the Agreement. One (:[) mail kiosk is proposed west of the building labeled as Building "E". This mail kiosk would serve the entire community. A handicap parking space would be provided near the mail kiosk. The project proposes a pool and cabana for its recreation area. To supplement the limited recreation and accessible green space proposed for the project, staff recommends incorporating a meandering pedestrian trail into the design of the southern landscape buffer, which would link to the internal walkway system (see Exhibit "C" - Conditions of Approval). The Fire Department and the Engineering Division of Public Works reviewed the entire site and determined the vehicular circulation and location of fire hydrants would be adequate. However, it should be noted that the "T" turn-around areas (also known as the Hammerhead), as proposed, would be insufficient for emergency and service vehicles. The "T" portion of the turn-around areas would have to be increased in length to comply with National Fire Protection Association (NFPA) standards. According to the Engineering Division, only minor changes are required in order to comply with NFPA standards. Nonetheless, the applicant will be required to submit a rectified set of plans that comply with NFPA standards prior to the issuance of any building permits (see Exhibit"C"- Conditions of Approval). Design: The proposed project would be described as a "new urbanismn type of development. As previously mentioned, the buildings would be two (2) stodes tall. The slope of the roof would be four and one-half (41/2) to :[2, which would comply with the Agreement. The proposed buildings would primarily be comprised of earth tone colors. The building colors for Unit Type "A" and "D" are itemized as the following Benjamin I~loore paints: Nugget (AC-9) and Yosemite Sand (AC-4). The columns, railings, and stucco bands would be painted off-white (Glacier White AC- 40) while the accent stucco at porches and balconies would be dark brown (Arroyo Red 2085-:[0). The front entry and garage doors would be dark green (Cushing Green HC-:[25). This would be the same color of the perimeter fencing. The building colors for Unit Type "B" and "C" are itemized as the following BenJamin kloore paints: Summerdale Gold (HC-Z7), Waterbury Cream (HC-31), and Wlndham Cream (HC-6). The columns, railings, and stucco bands would be painted white (Brilliant White) while the accent stucco at porches and balconies would be dark brown. Again, the front entry and garage doors would be the same (Cushing Green HC-:[25). All roofs would be made of S-tiles. The color palette for the pool cabana is different thanfrom the townhomes. The roof would be standing seam metal and the building would be painted light pink (BenJamin Moore Light lVlocha 29096-60). The stucco bands would be off-white (Glacier White AC-40). $i~lna~le.' The elevations show that no building wall signs are proposed. An"entry walln sign is proposed on each side of the project's main entrance. According to the Signage Wall Elevation (sheet A-F-:[), the brass sign letters would read "Venetian Villas~. The sign would be almost 32 square feet in area, which would comply with Chapter 2:[, Article ~V, Section 1.D of the Land Development Regulations. Staff Report- Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 8 RECOMMENDAT'~ON: The Technical Review Committee ('I-RC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit ~C"- Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\VenetJan Villas\Staff Report. doc VI.-CONSENT AGENDA ITEM E.1. CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December !, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January6,2004 December l5, 2003 (Noon) [] March 2, 200n Febmaryl6,200a(Noon~: [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) Z ~'-rl [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing ::x: [] Code compliance/Legal Settlements [] Unfi~shed Business RECOMMENDATION: Please place this request on the January 20, 2004 City Commission Agenda under Consent Agenda. The Conm~unity Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved, subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-312. EXPLANATION: PROJECT: Fire Station//4 (NWSP 03-024) AGENT: Engineering Department OWNER: City of Boynton Beach LOCATION: 1919 South Federal Highway DESCRIPTION: Request for New Site Plan approval for a fire station on a 1.90-acre parcel in a PU zoning district. PROGRAM IMPACT: FISCAL IMPACT. t ALTERNA~ .~ D~l~pmclti~ D~a~e~t Director City Manager's Signature Planning and Zon~irector City Attorney / Finance / Human Resources S:~PlanningXSHARED\WP~PROJECTS~Fire Station g4LAgenda Item Request Fire Station/14 NWSP 03-024 1-20-04.dot S:XBULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNI'NG AND ZON~'NG DI'VZS~'ON MEMORANDUM NO. PZ 03 - 312 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: December 22, 2003 PRO.]ECT NAME/NO: Fire StaUon #4 / NWSP 03 - 024 REQUEST: New Site Plan PRO3ECT DE$CR]:PTJ:ON Property Owner: City of Boynton Beach Applicant: City of Beynton Beach Agent: David Stump and David Lui Location: 1919 South Federal Highway (see Exhibit "A'- Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: Request site plan approval for a one-story, 8,200 square foot fire rescue building on a 1.89-acre parcel, Acreage: 1.89 acres Adjacent Uses: North: Florida Dental & Denture Center with a Local Retail Commercial (LRC) land use designation, and zoned Community Commercial (C-3), then farther north is right- of-way for SW 18th Avenue; South: Alterra Assisted Uving Residence with a Local Retail Commercial (LRC) land 'use designation, and zoned Community Commercial (C-3); East: Right-of-way for Federal Highway, then farther east is Miami Subs restaurant with a Staff Report- Fire Station ~4 (NWSP 03-024) Memorandum No PZ 03-312 Page 2 Local Retail Commercial (LRC) land use designation, and zoned Community Commercial (C3); and West: BAPS Hindu Temple with a Local Retail Commercial (LRC) land use designation, and zoned Community Commercial (C-3). Project size: The project consists of an 8,200 square foot building housing fire personnel and apparatus. Site Characteristic: The subject parcel is comprised of a L-shaped piece of land with approximately 165 feet of frontage on Federal Highway and approximately 437 feet in depth, with the small angled portion approximately 84 feet wide and approximately 110 feet deep. The parcel is occupied by the former Hayes Clinic, which will be demolished as part of this project. The survey shows that the highest elevation is 12.5 feet above sea level, located near the southwest corner of the site. BACKGROI)ND Proposal: The City proposes to construct a one-story, 8,200 square foot fire rescue station to better serve the southeast section of the City. The project consists of approximately 4,500 square feet of operations, office and living space and nearly 3,700 square feet of apparatus bays to house the trucks and equipment. Concurrency: Traffic: A traffic impact statement for this project will be required pdor to issuance of a building permit. No permit will be issued pdor to determinaUon that the project meets the Traffic Performance Standards of Palm Beach County. Drainage: Conceptual drainage informaUon was provided for the City's review. The Engineering Division has found the conceptual information for the subject property 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). School: This project is exempt from the school concurrency requirements of Palm Beach County. Driveways: The subject property fronts on Federal Highway, which functions solely as an exit for the apparatus bays. Proposed on-site circulation consists of a driveway entrance/exit for the general public and employees at the rear of the property, off of the L-shaped portion of the property, which accesses SW 18m Avenue. Parking Facility: Parking required for this type of facility is based on one (1) parking space per bunkroom (9) and one (1) parking space per 300 square feet of office space (600), for a total of 11 parking spaces. The plan as designed accommodates 21 parking spaces, including 1 handicap space, an excess of ten (10) spaces. Staff Report - Fire Station #4 (NWSP 03-024) Memorandum No PZ 03-312 Page 3 Landscaping: The proposed pervious or "green" area of the lot would be 45,496 square feet or approximately 55% of the total site. The landscape plan tabular data (Sheet L2.1) indicates that 90 trees, 75 palms and 2,841 shrubs are being provided. Typical trees being utilized in the planting scheme include Gumbo Umbo, Live Oak, 'Rbouchina, Slash Pine and Pond Cypress along with Coconut, Washington, Sabal and Solitaire palms. Shrub materials selected for the site include Indian Hawthorne, Saw Palmetto, Parson's.Juniper and Sea Grape. The selection of landscape material is designed to compliment the "Old Florida" architecture of the building and far exceeds the City's requirement for native species. As such, and to address the Community Design Plan Appeal, the Architects have designed a lush, native Rorida landscape theme along Federal Highway and the front of the fire rescue station to soften any impact from the orientation of the bay doors (see Sheet L1.2). Part of this design involves the narrowing of the driveway/apron in an "hour glass" shape to bring even more landscaping closer to the apparatus doors to minimize the view of these doors to passing motorists Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed one-story fire rescue building would have varying roof heights, with the typical roof height being 24 feet and the highest of the peaked roofs at 34 feet in height. The maximum allowed height in the C-3 zoning district is 45 feet. The floor plan (Sheet A2.1) shows a typical fire rescue station layout with a lobby, living and work quarters and apparatus bays. Sheet A3.! provides an illustration of the building facades, with wood lap siding, decorative trims and mouldings, standing seam metal roofing and bahama shutters, providing a true "Old Rorida" design theme to the structure. Design: The elevation drawing (Sheet A3.1) shows that the building would be designed as a very attractive fire station with the fa~;ade improvements discussed above. The body of the building would be painted a cream color (BM Paints - "Royal Linen" 931). The trim / banding areas are all proposed to be painted a white (BM Paints - "White Opulence" 879). The fascia is also proposed to be painted white (BM Paints -"White Opulence" 879). The doors are indicated as a pale cream color (BM Paints -"Feather Bed" 978). The standing seam metal roof is shown as a blue (BM Paints -"Kynar Hawaiian Blue" 839). $ignage: The signage, according to Sheet L2.1, will be a monument sign approximately five (5) feet tall by 8.4 feet in width, arched to follow the design of the other Fire Rescue signs being constructed by the City. The sign will contain the same building material look and paint colors as the station and feature the City logo as well as the numerical address. The actual lettering will be 4' fiat aluminum letters painted "Petina Green". The numerical address will be located higher in a more prominent location on the sign for ease of identification. The lettering on the building is ~- proposed to follow the same style and type lettering as the monument sign. Staff Report - Fire Station #4 (NWSP 03-024) Memorandum No PZ 03-312 Page 4 RECOMMENDATION: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments indicated in Exhibit"C"- CondiUons of Approval and contingent upon the approval of the Community Design Plan Appeal (CDPA 03-003) associated with this project. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any addiUonal condiUons recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. 1 in. = 200.0 feet C3 C3 R-3 LOCATION MAP FIRESTATION ~4 EXHIBIT "A" EXHIBIT "B" 8888< . EXHIBIT "B" EXHIBIT "B" ii ';'::": '":~' "";" :":": ~; ::"' ..... '-'.-':- -~1 11t_~!1 lt~!l . ..,..-- ;..-,-.'.. -..:...;. ~l~ 'Ii! "?"-"~i:}'.'i'"-" i:' JllilJiJl]i ~jlt 19 o , . EXHIBIT "R" · I BOYNTON BEACH FIRE STATION 4 LANDSCAPING PLRNTING PLAN EXHIBIT "'~" " I o I . I ' ,. iii I~ I!1 i il?: ~.,., ,I.1.. ,.I,I ! ,,l:!:,li ,,I,!! IJ,I ~t, o~ .I .ii qJ~ lJjill l! I II. ~ '""'"'" . .....,,,. ,. ii.l,! .. I~ Jd i~ .!;, iljij'"" I l,lll ~i~ lj ll!i JfJlJ "i,' ,,l;ili ..,.,, "'"I!I '!' "": ':"'" ' ' ' ' ' ,,:,. jj "li,I " ,,,,,, RIJ!.~ ,.,Il,Ill ,,,,-I. ,ill l.,j II, ,. -.,. ...... ,,, ,,,, ii..' Ji J!! JJiij,lj ', JtJi' ! !,i'i'i"!",,,,,,,,,,,, ,,., , ' i I,, J · ,,,, .... I · ' I I1"1"1.1' , I!111' ! I "'"'~'" . - II I il J i'iI iJ ' I ~ I?~1iii!1~ill'Il li '"' '" JJ'~ !! i~!~i~Ji Ill I~i! !~ · i - ,,, .. , ~ , EXJHIBIT "B" 11"; I I ~z ,0 EXHIBIT "C" Conditions of Approval Project name: Fire Station//4 File number: NWSP 03-024 Reference: 2~ review plans identified as a New Site Plan with a December 16, 2003 Planning & Zoning 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. UTILITIES Comments: 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is ~eater (CODE, Section 26-16(b)). 3. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 4. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities 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 ENGINEERING DIVISION Comments: 5. Please note that changes or revisions to these plans may generate additional X comments. Acceotance of these vlans during the TRC orocess does not Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ensure that additional comments may not be generated by the Commission and at permit review. 6. 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. BUILDING DIVISION Comments: 7. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives unless specifically excepted per the 2001 FBC, Section 705.1.1.2. Show compliance at time of permit application. 8. 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. 9. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 10. Add to the building that is depicted on the drawing titled site plan and floor X plan a labeled symbol that identifies the location of the handicap accessible entrance doors to the building. 2001 FBC, Sections 11-4.1.2 and 11-4.3. 11. As required by the CBBCO, Part III titled "Land Development X Regulations", submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the building. The leading edge of the building begins at the closest point of the overhang or canopy to the property line. Indicate setbacks on Sheet C 1.1 12. 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: 13. A water-use permit from SFWMD 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. 14. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission-approved site plan. b) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 15. The dimensions of the handicap accessible showers shall comply with 2001 X FBC, Section 11-4.21.1 through 11-4.21.8. The dimensions of the shower stalls shall be either 36 inches by 36 inches, or 30 inches by 60 inches DEPARTMENTS INCLUDE REJECT minimum. Indicate shower stall sizes on the plans. 16. A hood is required over the stove per 2001 Florida Mechanical Code, X Section 507.1.2. The installation shall comply with 2001 FMC, Chapters 505, 506, 507, 508, 509. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: Landscape Plan-Plant List Sheet L2.1 17. The applicant must indicated on a landscape plan the existing trees / X vegetation that will be preserved, relocated, and removed / replaced on the site. A separate symbol should be used on the landscape plan to identify these trees / vegetation. 18. The landscape design should identify the City signature trees (Tibochina X granulosa) at the project ingress/egress locations. [Environnemental. Rel~ulations, Chapter. 7.5, Article II Sec. 5.C.3, N.] 19. The applicant should show the calculated 50% native species of trees, X shrubs and ~ound cover plants. PLANNING AND ZONING Comments: 20. Since the overhead bay doors must be oriented towards Federal Highway, X these doors should not be the typical industrial style product. They should be architecturally enhanced, aesthetically pleasing, painted to blend with the building and accent the architecture of the building. Additionally, a Community Design Plan Appeal (CDPA) application must be submitted by the applicant concurrent with the site plan. The appeal should indicate the necessity to orient the bay doors as proposed and how the applicant is attempting to mitigate their appearance through design, landscaping or other measures. Site plan approval shall be contingent upon Commission approval of the CDPA. 21. All equipment placed on the walls of the structure shall be painted to match the structure. I 22. On the landscape plan, ensure that the plant quantities match between the tabular data and the graphic illustration. I I ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:kPlanning\SHARED\WP~PROJECTS~Fire Station g4\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Fire Station #4 APPLICANT'S AGENT: David Stump and David Lui APPLICANT'S ADDRESS: 100 East Boynton Beach Blvd., Boynton Beach, FI 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20,2004 TYPE OF RELIEF SOUGHT: Request site plan approval for a one story, 8,200 square foot fire rescue building on 1.89 acres LOCATION OF PROPERTY: 1919 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above. The City Commission having considered 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 VI.-CONSENT AGENDA ITEM E.2 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requestexl City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] December 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 (No~x~ [] January20,2004 January 5, 2004 (Noon) [] March l6, 2004 March l' 2004 (N°°n) "J:- [] Administxative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing --r [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 20, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved (there are no conditions of approval recommended by staff). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-311. EXPLANATION: PROJECT: Fire Station g4 (CDPA 03-003) AGENT: Engineering Department OWNER: City of Boynton Beach LOCATION: 1919 South Federal Highway DESCRIPTION: Request for an appeal of the Land Development Regulations, Chapter 9, Section U.J. to permit overhead bay doors to face Federal Highway for Fire Department apparatus bays. PROGRAM IMPACT: FISCAL IMPACT: ~~~. ~ ALTERNATIVES: D I n[D artffi--eve'opme'-t-ep '~entDirect~ ' -" '~ C~ty Manager's S~gnature S:~Planning\SHARED\WP\PROJECTSXFire Station #4~CDPA03-003La~genda Item Request Fire Station g4 CDPA 03-003 1-20-04.dot S:~BULLETIN~ORMSLa. GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-311 TO: Chairman and Members Community Redevelopment Agency THRU: Michael W. Rumpf~'~~ Planning and Zoning Director FROM: Ed Breese, Principal Planner ~'~ DATE: December 22, 2003 SUBJECT: Fire Station ~4 - CDPA 03-003 Appeal of Chapter 9 - Community Design Plan (Overhead Doom) NATURE OF REQUEST David Stump and David Lui, representing the City of Boynton Beach Engineering and Fire Departments, are requesting approval of a Community Design Plan Appeal to allow overhead bay doom facing Federal Highway (see Exhibit "B' - Proposed Elevations). This appeal is being submitted in conjunction with a site plan application (NWSP 03-024). BACKGROUND The City proposes to construct a one-story, 8,200 square foot fire rescue building on a 1.89-acre parcel on the west side of Federal Highway (1919), south of Woolbright Road (see Exhibit According to Chapter 9 - Community Design Plan of the City's Land Development Regulations, Federal Highway is listed as a roadway where building elevations shall not display overhead bay doom. Due to their high degree of visibility, these major roadways within the City are subject to higher standards related to building appearance. ANALYSIS This subJect property is located at 1919 South Federal Highway (the former Hayes Clinic). The restriction of not allowing the bay doom to face Federal Highway is predicated on the concept that the roadway is very visible and overhead bay doom tend to be unsightly. Federal Highway, as well as the other roadways listed in Chapter 9, Section 11 .J. of the Land Development Regulations, are considered entrances into the City. Buildings located on these roadways should be held to a higher level of architectural standards. The Design Appeal process is appropriate in this instance because the unique nature of the fire rescue operation and the rapid response necessity. Since in many instances, every second counts, having immediate access to the main thoroughfare (Federal Highway) can substantially improve the response times, as opposed to ddving around the block before entedng the highway. Additionally, due to the odd shape of the property and its narrow width, rotating the building so that the bay doors would be in a north/south alignment would not provide space for the maneuvering of the large pieces of equipment. Accordingly, the Architects have proposed a building with a great deal of design character through the use of various architectural enhancements, such as wood lap siding and standing seam metal roof (see Sheet Page 2 Memorandum No. PZ03-311 Fire Station fl4 CDPA 03-003 A3.1). The "Old Flodda' architecture creates a non-traditional look for a fire station, which are typically "boxy" in appearance with very prominent apparatus bays. Additionally, since standard operating procedure is for the bay doom to be closed, any storage, daily operations, or the things people generally find objectionable about open garage bays will be minimized. Lastly the Architects have designed a lush, native Flodda landscape theme along Federal Highway and the front of the fire rescue station to soften any impact from the orientation of the bay doom (see Sheet L1.2). Part of this design involves the narrowing of the driveway/apron in an "hour glass' shape to bdng even more landscaping closer to the apparatus doom to minimize the view of these doom to passing motorists. RECOMMENDATION Based on the analysis contained herein, staff recommends approval of this request to locate the overhead bay doom facing Federal Highway. No conditions of approval are recommended; however, any conditions of approval recommended by the Board or City Commission will be placed in Exhibit ~C" - Conditions of Approval. S:~Planning\SHARED\WFAPROJECTS~ire Slation #4\CDPA 03-003~staff report.doc I in. = 200.0 feet C3 C3 C3 R-3 LOCATION MAP FIRESTATION ~.4 EXHIBIT "A" EXHIBIT "B" ill i BOYNTON BEACH FIRE STATION 4 I~,.E RI~CU~ S~2'lON ~4 EXHIBIT "C" Conditions of Approval Project name: Fire Station ~4 File number: CDPA 03-003 Reference: Application received 11-5-03 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X .. UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY RECEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. None X S:~Planning~Planning Templates\Condition of Approval 2 page revised 2003 form.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: Fire Station fl4 APPLICANT'S AGENT: David Stump and David Lui APPLICANT'S ADDRESS: 100 East Boynton Beach Blvd., Boynton Beach, FI 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20, 2004 TYPE OF RELIEF SOUGHT: Request Community Design Plan Appeal approval for a fire rescue building with the apparatus bay doors facing Federal Highway LOCATION OF PROPERTY: 1919 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ..... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk VI.-CONSENT AGENDA ITEM F. 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: Motion to accept the written report to Commission of purchases over $10,000 for the months of November and December 2003 for informational purposes. EXPLANATION: Per Ordinance, Chapter.2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize to execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager". PROGRAM IMPACT: Ordinance, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the old bid threshold of $10,000.00. ~~ ~ C~ty ~Ia~nae~'s ignamre Deputy Director of Financial Services Procurement Services Department Name City Attorney / Finance / Human Resources S :~BULLET1N~FORMS'~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTHS ENDED NOVEMBER AND DECEMBER 2003 1. Vendor: Simplex Grinnell MLP Purchase Amount: $ 19,384.37 Requesting Department: Public Works/Facilities Contact Person: Richard Fiege Brief Description of Purchase: Service is for the required annual inspection and certification of fire alarms throughout the City, along with any necessary repairs resulting from inspection and all other equipment emergency repairs. Source for Purchase: Citrus County School Board Fund Source: 001-2511-519-49-17 Bid #2002-24 Contractual Services 2. Vendor: Datastream System Inc. Purchase Amount: $ 11,000.00 Requesting Department: Utilities Department Contact Person: Diena Neville Brief Description of Purchase: Software training for eight (8) people from Utilities Department and two (2) people from Public Works Department. Utilities and Public Works staff have been meeting to setup standard operating procedures to use the Datastream MP2 Enterprise software for our environment. The staff is now ready to train on using the preventive maintenance database software. This software is capable of organizing and tracking inventory and giving equipment history. The cost off-site for the five (5) day training would be $2,495.00 per person, or $24,950.00, not including the travel costs to Greenville, South Carolina. Source for Purchase: GSA Contract #GS-35F-4357D Fund Source: 401-2821-536-54-30 Trainin~ 3. Vendor: Thomas B. Cushing Demolition Purchase Amount: $ 32,403.00 Requesting Department: Public Works/Engineering Contact Person: David Stump Brief Description of Purchase: Demolition of Hayes Clinic building for construction of Fire Station #4. The demolition will include approximately 66,000 s.f. of asphalt parking, curbing, the removal of concrete light poles, along with necessary removal of trees and landscaping. Aisc, includes the rough grading of site for new construction. Source for Purchase: Three Written Quotations Fund Source: 305-4118-580-49-17 (lower than Palm Beach School Board Bid) Contractual Services The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Co~ed. City Manager Approval: Date: ' ,~ / 0r Presented to Commission for information on January 20, 2004. I of 1 VI.-CONSENT AGENDA 1TEM G. 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 Meetin~ 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: 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 # 03-179). 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 be placed in the Fleet Maintenance Fund in the following account: FISCAL IMPACT: Revenue Account No. Account Description: ~ ~ 501-00-365-01.0 Sale of Surplus Equi3ment ~:~ ~_~q' ALTERNATIVES: Maintain the vehicles/equipment in inventories with high maintenance costs ,~ieh c~!!~il conceivably impact the operations due to "down time" repairs. / ~,, ~ co~.~ Deputy Director of Financial Services city Manager s Signature r~.l~ Procurement Services ~ Department Name City Attorney / Finance / Human Resources S:XBULLETIN~ORMSLa_GENDA ITEM REQUEST FORM.D C: JeffLivergood - Director of Public Works Bob Lee - Fleet Administrator Hoyt Johnson - Finance File DEC 2 9 2003 PUBLIC WORKS DEPARTMENT MEMORANDUM #03-179 "~"' ''~ ...... ~,~ r ~:v~cEa To: Bill Atkins, Deputy Director of Finance Thru: Jeffrey Livergood, Director of Public Works From: Robert H. Lee, Fleet Administrator Date: December 23, 2003 SUBJECT: Surplus Equipment 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 # 3715 Honda 1995 Accord 4 Dr 1HGCD5657SA049972 3711 Chevrolet 1997 Lumina 4 Dr 2G1WL52M2V9259738 3712 Chevrolet 1997 Lumina 4 Dr 2Gl WL52M4V9262737 3715 Chevrolet 1997 Lumina 4 Dr 2G1WL52M5V9262259 4602 Ford 1996 CrownVic 4Dr 2FALP71W9TX161379 VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FO uv 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 Cit~ 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 c'> cZ~ c~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business t,o ~..< RECOMMENDATION: Motion to approve full release of surety covering the water system for the project knowne,~s mm Verzaai Farms and returning the cash surety to the developer (the Verzaal Family Limited Partnership). EXPLANATION: The water system serving this project has been completed, all documentation has been provided and the system has operated satisfactorily through the warranty period. The cash surety of $919.75 may now be refunded to the developer. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. - epamnent He~; ~ignature - City L~ignamre Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. File S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC UTILITIES DEPARTMENT TO: Diane Reese, Finance Director FROM: John A. Guidry, Utilities Director~~, DATE: f~ o'"'d t o) l SUBJECT: Surety/Fee trans/mittal- LETTER OF CREDIT: Bank - Amount $ CASH BOND Check no. 2. ~(0 Amount $ et ADMIN./INSPECTION FEE: Check no. Amount Water $ Amount Sewer $ Total $ SEWER TELEVISING FEE: (@ $1.35/L.F.) Check no: Amount $ Based on L.F. COST DOCUMENTATION: cngineer's Estimate opy of Contract Other Please refer any questions on this matter to Peter Mazzella of this office. Attachment JAG/PVM bc: Peter Mazzella xc: File DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 919.75 To: Verzaal Family Partnership P.O. Bo~6206 Delra¥ Beach, FL 33482 For: Full release of cash surety covering the water sytem for the project known as Verzaal Farms Commission Approval: Requested by Peter V. Mazzella, Deputy Utilities Director Date December 30, 2003 Approvals: Dept. Head ~.~. ~./~,~o.~ .UNDIDEPTI.^~,CIE'EJOB~I AMOUNT (~ 401 0000 220 99 00 919.75 Finance Dept. City Manager $919.75 VT.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FO , 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 (Nool~ [] January20,2004 January 5, 2004 (Noon) [] March 16,2004 March 1,2004(Noon) Z [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing CD [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve full release of surety covering the sewer system for the project known as Burger King at Woolbright Place and returning the cash surety to the developer (The Westwind Group, Inc.). EXPLANATION: The sewer system serving this project has been completed, all documentation has been provided and the system has operated satisfactorily through the warranty period. The cash surety in the amount of $16, 170 may now be refunded to the developer. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. Department Hea~s Signature City'[Vl~inager' s Signature Department Name City Attorney 7i:inance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. File S:~BULLETINLFORMSL~GENDA ITEM REQUEST FORM.DOC TO: Diane Reese, Finance Director FROM: John A. Guidry, Utilities Director ~~/ DATE: SUBJECT: Surety/Fee transmittal - /3,,7~- /c;,! ~- LETTER OF CREDIT: Bank - Amount $ CASH BOND _- ~/~/- e-~ - /- ~ 0 o -/o Cheek no. · ,2/q~ 5' Amount ADMIN./INSPECTION FEE: Check no. Amount Water Amount Sewer Total $ SEWER TELEVISING FEE: (@ $1.35/L.F.) Check no. Amount $ Based 'on L.F. COST DOCUMENTATION: Engineer's Estimate Copy of Contract Other Please refer any questions on this matter to Peter Mazzella of this office. Attachment JAG/PVM be: Peter Mazzella DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 16,170.00 To: The Westwind Group, Inc. 12555 ~..'gh Bluff Drive Suite 120 San Diego, California 92130 For: Full release of cash surety covering the sewer system for the project known as Burger King at Woolbright Place Commission Approval: Requested by Peter V. Mazzella, Deputy Utilities Director Date December 30, 2003 Approvals: Dept. Head ~,0 ~~r~' /'c~ · ~(~. (~ "~'~I~""~I~^S'Cl ~'"10"~1 ^~O~"~ 40~ 0000 220 O0 O0 ~,~70.00 Finance Dept. Ci~ Manager $16,170.00 VI.-CONSENT AGENDA ITEM 3. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City C. ommis~ion Data Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in Y~ Dates in to cit~_CL=k's O~c~ M~ l>at~ to C~ -- [] December2,2003 Novembe~17,2003(No~n.) [] February3,2004 Jann"_~lg, 2004(Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 Febnm~ 16, 2004 (Noon) [] ~mu=y 20, 2OO4 ~ ~, =004 ~oo~) [] M~,~ ~6, =00n ~r,~ ~, 2OO4 [] Adminlstmfive [] Legal NATIJRlgOF [] Announcement [] New Bu~ess AGENI~A ITEM [] City Mana_ger's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliancea~gal. Settlements [] Unfinished Business RECOMMENI)ATION: Authorize the use of Community/nvestmem Funds to Heritage Fest. g, XPLA~ATION: Commission approval for allocation of community investment funds as follows: Mayor Taylor $1,000; Vice Mayor Mike Ferguson $500; Commi.e~ioner Mack McCray $2,000; Commissioner Bob Ensler $1,000; Commi.gsioner Carl McKoy $1,000 to Scholarship Fund for Seholasti¢ Achievement/Community Service/Athletics and $1,000 to purchase books for book signing by author Tommy Ford. PROGRAM IMPACT: Allocation of funds will assist the Heritage Fest Program. FISCAL IMPACT: F, nd_S are budgeted for these types of activities. Each Commissioner has $12,000 in Community /nvestment funds to allocate subject to Commi.~ion approval. ALTERNATIVES: Decline to authorize the requested use. Dqmrtmem Head's Signature ~s Signana~e Department Name City Attorney / Finance / HnmRn Resources $:~BULLE~RMSkAGENDA/TEM REQUEST FORM. DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: January 20, 2004 Requested by Mayor/Commissioner: Jerry Taylor Amotmt Requested: $1,000 Recipient/Payee: Heritage Fest Description of project, program, or activity to be funded: Heritage Fest Dated: By: City Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $0 has been used to date by the requesting Member, leaving a balance of available funds of $12,000. This request would bring the available amount down to $11,000. Accordingly: a'~ There are funds available as requested o There are insufficient funds available as requested. Dated: I~'O-Ot~ By: .~j~ ~ Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) The proposed expenditure of funds will not result in improvement to private property; The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; [] The project, program or activity which is being funded will occur in the City of Boynton Beach and participatiOn is open to all residents of the City; and c~ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager S:\CityMgrXAdministrationhMAYORCOM\Community Investment 03-04\Taylor-Heritagefest 1-20-tM.doc, 1/20/2004 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of ReqUest: January 20, 2004 Requested by Mayor/Commissioner: Mike Ferguson Amount Requested: $500 Recipient/Payee: Heritage Fest Description of project, program, or activity to be funded: Heritage Fest Dated: By: City Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $0 has been used to date by the requesting Member, leaving a balance of available funds of $12,000. This request would bring the available amount down to $11,500. Accordingly: rs'" There are funds available as requested c~ There are insufficient funds available as requested. Dated: 1-~o-o4 By: Finance Director Part IIIr Eligibility Evaluation (to be completed by City Manager) c~ The proposed expenditure of funds will not result in improvement to private property; ca The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; c~ The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and r~ Proper safeguards are being implemented to assure that the public funds being appropriated will. be used for the stated purpose. Dated: By: City Manager S:\City Mgr~Adminis~'afionhMAYORCOM\Community Investment 03-04Werguson-Heritagefest 1-20-04.doc, !/20/2004 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: January 20, 2004 Requested by Mayor/Commissioner: Mack McCray Amount Requested: $2,000 Recipient/Payee: Heritage Fest Description of project, program, or activity to be fimded: Heritage Fest Dated: By: City Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of thc Commission listed above is $12,000. $900.00 has been used to date by the requesting Member, leaving a balance of available funds of $11,100. This request would bring the available amount down to $9,100. Accordingly: ~ There arc funds available as requested ca There are insufficient funds available as requested. Dated: ]-OO-Oq' By: ~ ~ Finance Director Part IH--Eligibility Evaluation (to be completed by City Manager) The proposed expenditure of funds will not result in improvement to private property; The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; Thc project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all'residents of the City; and c~ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager S:\City Mgr~dministration~MA~YORCOM\Community InveStment 03-04XMCCraY2Heritagefest 1.20-04.doc, 1/20/2004 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: January 20, 2004 Requested by Mayor/Commissioner: Bob Ensler Amount Requested: $1,000 Recipient/Payee: Heritage Fest Description of project, program, or activity to be funded: Heritage Fest Dated: By: City Clerk Part ii-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $0 has been used to date by the requesting Member, leaving a balance of available funds of $12,000. This request would bring the available amount down to $11,000. Accordingly: rf There are funds available as requested ca There are insufficient funds available as requested. Dated: I-ao-oOr By: Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) The proposed expenditure of funds will not result in improvement to private property; The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and c~ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager S:\City MgrV~dm/nistrafion~SAYORCOMXCommunity Inveslxnent 03-04~nsler-Heritagefest 1-20-04.doc, 1/20/2004 EXHIBIT A COMMUNITY iNVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) Date of Request: January 20, 2004 Requested by Mayor/Commissioner: McKoy Amount Requested: $1,000 Recipient/Payee: Heritage Fest/Scholarship Fund for Scholastic AChievement, Community Service or Athletics Description of project, program, or activity to be funded: Heritage Fest Dated: By:. City Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $0 has been used to date by the requesting Member, leaving a balance of available fimds of $12,000. This request would bring the available amount down to $11,000. Accordingly: c~ There are funds available as requested c~ There are insufficient funds available as requested. Dated: l- ~/)-oq' By: ~-~-- ~ Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) The proposed expenditure of funds will not result in improvement to private property; The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and c~ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager S:\City Mgr~AdministrafionhMAYORCOM\Community Investxnent 03-04XlVlcKoy-Heritagefest 1-20-04.doc, 1/20/2004 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request (to be completed by City Clerk) · Date of Request: January 20, 2004 Requested by Mayor/Commissioner: Carl McKoy Amount Requested: $1,000 Recipient/Payee: Heritage Fest/Purchase of Books for signing by Author Tommy Ford DescriPtion of project, program, or activity to be funded: Heritage Fest Dated: By:. City Clerk Part II-Availability of funds (to be completed by the Finance Director) Thc annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $1,000 has been used to date by the requesting Member, leaving a balance of available funds of $11,000. This request would bring the available amount down to $10,000. Accordingly: ~' There are funds available as requested [2 There are insufficient funds available as requested. Dated:. I - 00- Oq- By: ~ ~)~.~.._ ~ Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) c~ The proposed expenditure of funds will not result in improvement to private property; c~ The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; ~ The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and c~ Proper safeguards are being implemented to assure that the Public funds being appropriated will be used for the stated purpose. Dated: By: City Manager S:\City MgrXAdrrdnistration~J~lAYORCOM~Community Investment 03-04hMcKoy-Her/tagefest Books 1-20-04.doc, 1/20/2004 VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACI-k AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] 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 [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (No(~ [] January20,2004 January 5, 2004 (Noon) [] March 16,2004 March 1,2004(Noon) .g.. [] Adminislxative [] Legal NATURE OF [] Announcement [] New Business Co AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 20, 2004 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a 4 to 3 vote, recommended that the subject request be denied. 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: Mart), Madura OWNER: Keith D. Kern LOCATION: Northwest corner of Martin Luther King Boulevard and Railroad Avenue DESCRIPTION: Request Conditional Use approval for a primary/secondary Charter School. PROGRAM IMPACT: )~LS CTE I~AIMTI?I~sT": ';~~]~' ' City Manager's Signature Development ~~-t ~ir;tor~ -~~ Plannin~ a~d Zon~mgyl~eZ~tor City Attorney / Finance / Human Resources S:kPIanningkSHARED\WP~PROJECTSkB'oTnton Delray Academy\COUS\Agenda Item Request Boynton Delray Academy COUS 03-008 1-20-04.dot S:~BULLETINV: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: Hichael Rumpf Director of Planning and Zoning FROM: Eric Lee ~]ohnson, AZCP ~'~/ Planner DATE: November 26, 2003 PRO,]ECT: Boynton Delray Academy / COUS 03-008 REQUEST: Conditional Use approval for a charter school PRO3ECT DESCREPT~ON Property Owner: Hr. Keith D. Dem Applicant: Hr. Keith D. Dem Agent: Hr. Marry Hadura with Advanced Modular Structures, Incorporated Location: Northwest comer of Martin Luther King, 3r. Boulevard and Railroad Avenue (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Medium Density Residential (MDR) / Single and Two-family Residential (R- 2) and Neighborhood Commerdal (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 residential property zoned R-2; South: Right-of-way for Northeast 10~ 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 Fiodda East Coast Railroad Boynton Delray Academy- COU$ 03-008 Page 2 Memorandum No. PZ 03-286 West: Vacant commercial and residential properties zoned C-2 and R-2. BACKGROUND Mr. Marry Hadura, 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,,t49 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 conjunddon 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 consldered as a conditional use in the R-2 zoning district. The developer would not be allowed to drcumvent the conditional use ! public hearing process by constructing the charter school, building on the C-2 parcel (where it's a permitted use and no public headng 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 commerdal 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 buildings.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 EVALUATZNG CONDI'I/ONAL USES AND ANALYST.~ 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 Oty Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant condi'donal uses absolutely or subject to conditions induding, but not limited to, the dedicaUon 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 Delmy Academy- COUS 03-008 Page 3 Memorandum No. PZ 03-286 !. ~Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The project proposes one (]) point of Ingress and one (]) point of egress. The entrance i$ proposed on Northeast'JJ~ Avenue and the ex/t i$ proposed on Rai/road Avenue. The entrance would be 12 feet/n width and the e~dt would be ~4.$ feet/n width. A $/dewalk would be required with/n the rights-o£-way along Ral/road Avenue and a/so along t4aKa'n Luther/(7ng Boulevard 2. Off-street parking and loading areas where required, with particular attenUon to the items in subseddon above, and the economic, glare, noise, and odor effects the condiUonal use will have on adjacent and nearby properties, and the db/as a whole. Requlred par/dng for the charter school/$ based on the fo#owing methodology: One (1) par~'ng space per $00 square feet of classroom floor area, including floor area of shops. The site plan ($P-1) tabular data/nd/cares that 6,201 square feet of classroom area i$ proposed, therefore, 13 parldng spaces would be required. The project provides ]6 paddng spaces, lndudlng one (1) space des/gnated for hand/cap use. All spaces would be d/mensioned n/ne (P) feet in width by ~8 feet in length, except for the handlcap space, wh/ch would be 12 feet in width with Eve (5) foot wide stn'ping area by ~8 feet in /eng~. The veh/cu/ar bac/~up area would be 25 feet/n width. A/oad/ng Zone/student drop-off area is proposed near the hand/cap access ramp along Rai/road Avenue. The Eng/nee#ng D/vision endorsed th/s design concept due to the $/ze constra/nt of the subject property. It must be noted that a school bus would be stored on~Re after hours. It i$ probable that the school bus would not be able to fit withln the confines of any of the proposed par/dng stalls. The applicant has lnformed s~aff that there/$ no need to have a large space for a school bus because they would use a sma#er type of bus because many of the students would el~er wa//~ or be dropped off at the 3. Refuse and service areas, with particular reference to the items in subsection ! and 2 above. The site p/an ($P-1) shows a dumpster enclosure i$ proposed on the northern parcel along the west property//ne. However, no dumpster enclosure deta/I was provided. Therefore, staff recommends that the ~or l?nish of the enclosure match that of the required buffer wall and the co/or match either the buffer wa//or the maln co/or of the bullding (see Ex~lbit "C~- Conditions o£Approva/). 4. Utilities, with reference to locations, availability, and compa~ibility. Cons/stent with Comprehen$/ve P/an po#des and db/regulations, all uti/lb'es,/ndud/ng potable water and sanitary sewer are available for th/s project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. Commercial properties abutting other commercia/ properties do not require a buffer wa//. Nelther do residential properties abutting other residential properties, regard/ess of the use. In this case, the northern parcel, whlch Is zoned R-2 abuts another R-2 zoned lot (to the west), tVo buffer wa//would be required. However, the landscape p/an shows that a buffer wa//, slx (6) feet in he/ght, /s proposed along the west property line of the northern parcel. The presence of the wa//would a/most certainly eliminate the negative lmpact of a commerda/ par/dng lot proposed wlth/n a residential Boynton Delray Academy- COUS 03-008 Page 4 Memorandum No. PZ 03-286 neighborhood. Staff endorses the proposed wa//. However, no de~a[I drawings of the wa//were submitted with the site plan pack~a, ge. Therefore, at the O'me of perm/tOng, the applicant would be required to subtnlt a detail of the wa//, which would be subject to review and approval of the Planning & Zoning DMSIon. A/so, staff recotntnends that the co/or of the wa//be the satne or cotnpatib/e with the dutnpster enclosure and the building (see Exhibit '~- Cond/O'ons o£Approva/). On the southern parcel, the landscape p/an proposes six (6) Babe/pa/tn trees along Ral/road Avenue. Normally, staff would recotntnend clustering the trees. However, the p/an shows that these trees would be installed at tn/n/tnutn 30 feet/n height. The landscape p/an a/so shows a row of Sliver Buttonwood hedges are proposed along the east property line of the southern parcel. [t appears that these hedges would be continued along the east property l/ne of the northern ponce/as we//. In addlEon to the aforetnenb'oned shrubs, the east landscape buffer of the northern parcel would contaln 24 Ixora Nora Grant and 80 Bush AJ/atnanda. Three (3) Yellow Tabebu/a .trees would a/so be preserved within this buffer. Four (4) ~abal paltn trees are proposed along. Martin Luther Iqng 3r. Boulevard. Again, these trees would be installed at 30 feet in height. A row of Sliver Buttonwood hedges is proposed at the base of the The landscape p/an 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 parkJng lot frotn the residential lot to the west. However, staff recotntnends that a row of 24-/nch tall hedges be installed along the base o£ the wa//on its east side. The developer tnay choose the spedes proWded that the native species #tnltation Is tna/ntalned throughout the project (see Ext,/blt "C'- Conditions of Approval). F~ve ($) Sweet Mahogany trees are proposed just east of the wa//. Four (4) Live Oak trees, a row of Redtip Cocop/utn hedges, Bush AJ/atnanda and Ixora Nora Grant are proposed in the northern landscape buffer along Northeast ]]~ Avenue. Thls buffer would screen the parking lot frotn the right-of-way. A "drainage swale#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 tx'me. The devdoper understands that any future signage would require a tnajor sfte p/an tnod/Ecation, subject to re~few and approval of the Cotntnunfb/Redevdopment Agency 8oard and Ob/ Comtnlesion. The exterior lighting/s such that meets tnlnitnum code requirements and would not produce g/are on neighboring properties. 7. Required setbacks and other open spaces. No bu//dfng /s proposed on the northern parcel; therefore, no R-2 zoning d/strict setbedc~ would apply. The proposed building would tneet all setback requ/retnents of the C-2 zoning d/s~ict. The bu//dlng would be situated both right (8) feet from the east (side) and south (front) property lines along the rights-of-way. Normally, the C-2 zoning district requires the bu#dlng to be setback 20 feet frotn the street side and 30 feet frotn the front #ne. However, the subject property I/es within the Boynton Delray Academy- COUS 03-008 Page 5 Memorandum No. PZ 03-286 MarO'n Luther King 8oulevard Over/ay Zone. The ma)dmum street side and front setback would be 12 feet. The size of the children's play area would be regulated by the State of FTodda. 8. General compatibility with adjacent property and oLher properly In the zonlng district. The ~Tty prev/ously ident~'Eed a segment of l~arlfn Luther King Jr. Boulevard as an area in need or redevelopment and mv/talizaEon. This corddor is to contain an ambiance supported by pleasant signage and bu#d/ng appearance, potted landscaping, store windows, and public open spaces. According to the applicant, "the school is a/ready located at gO0 North Seaoest Boulevard, which is near the subject properly': The proposed Heart of Boynton Master Plan & Schemab'c Designs ca/Is for a two (2) to three (3) story mb(ed-use (/eta/II office / res/dentlaO building to be constructed on the subject property (see Exhibit "D"- Heart of Soynton l~aster Plan). This would not be consistent with the proposed use. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby pmperUes, and the city as a whole. The max/mum allowable building height in .the C-2 zoning dislzfct is 2S £ee¢ not to exceed two (2) stodes. However, properties located within the l~arO'n Luther King Boulevard Over/ay, such as this, may have building heights of up to 30 feet. According to the e/evab'ons, the proposed modular bu//d/n_q is designed as a one (1)-story structure and would be at mos¢ 19 feet- two (2) Inches In height. This would easily comply with beth the zoning distn'ct and Over/aj/s height//mttaEons. :tO. Economic effects on adjacent and nearby pmperUes, and the dty as a whole. According to the applicant, "a community is only as strong as/ts weal<est I/n/~. This targeted audience has been/denb'Eed in middle school based on suspensions, referrals, retention, attendance, grade point average, and d/sdp/ine reports. The students become our future juvenile detention detainees, pr/son inmates, perpetrators, and manaces to our society. Our goal is to Identify and assist these children while they are middle ~hoo/ s~udents, tVany of our students are not see/dng to become "Pal/utesxhowever, these are the hands they were dealt as a result of babies having babies, drug infested households, AIDS infected parents, not to menffon that 47~ of our student populaffon am being raised by grandparents. Last year, we topped the ~choo/ disth'ct in middle school FCA T math gains and were fifth (5~) in reading. Such an isolated educational/nat/tub'on appears to be the answer to such a signilfcant weak//n/d~. A/though staff appreciates the Charter School's past accolades and current efforts to reenerg/ze a disadvantaged student popu/atz'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 with what is endorsed in the Heart of Boynton's Redevelopment P/an. However, considering the overall pos/Eve impact that the school would make to the ironed/ate v/dnity, the economic effect would only be pos/Eve on adjacent and neighboring properb'es. The applicant is absolutely Correct In the statement, "a community is only as strong as/ts wea/~est Iink~. Hr/th a charter school, the community would only get stronger. Since the Oveday's zoning regu/at]'ons are spedflca//y tailored for redevelopment and revita//zaEon effoda, staff hopes that as the cha~er school expands, the property owner would be inclined to remove the modular building and build "up ~ and "out~ as much as the code would al/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 Boynton Beach Code of Ordinances. (Part l"J! Chapter 4 Site plan Review). 14r~h incorporab'on of staff comments, the proposed project would comply w/th all requiroments of applicable secffons of city 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 purpoms. IVo building permit~ may be issued unO7 the Palm Beach County Traffic DMsion renew and approves the project (see Exhibit "C"- Conditions 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 Regulations, Chapter 2; also, conformance to the City of BOynton Beach noise Control Ordinance. With incorporaffon of all cond~ons and staff recommendaffons contained hero/n, the proposed use would operate ina manner that ls in comp/ianve with the above-roferonced codes and ordinances of the City of Beynton Beach. RECOMMENDATION Based on the discussions contained herein, compliance with development regulations, and the consistency with the Comprehensive Plan, staff recommends that this request be approved subject to satisfying all conditions of approval as contained in Exhibit "C" - Conditions 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, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. 'Staff recommends that a period of one (1) year be allowed to obtain a building permit for this project (see Exhibit "C"- Conditions of Approval). C2 ~ LOCATION MAP'~' BOYNTON DELRAY ACADEMY I Ii BUILDING EUEVATIO~ ' ' BARDEN ~~ IfC. ' ' l..,-~l~J I....,,,,.o.,,..o..~.,,~, I1~,.~-,..,.,,...__ I!111111 [, "~ll.l']l I --,,.,-,,-~.-..-. II,l~-""~'.,."'~"-~"~ II Illlll ~111 ~, '"'""""'"'"'~ It'''"-'"'""'~''''''"~-'-"''''''"'" Jill II/I//I .. '~ EXHIBIT. '$"I " ~t EXHIBIT IIIIIIIIII 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 11tn Ave./Railroad X Ave. and MLK Blvd./Railroad Ave. designating this a one-way southbound roadway. 4. Provide additional fight-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 12/17/03 2 DEPARTMENTS INCLUDE REJECT Handbook and Construction Standards" and will be reviewed at the time of construction permit application. 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 final 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 12/17/03 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 SFWMD. 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 12/17/03 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 12/17/03 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 limitation 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 11th 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 of December 9, 2003 CRA meeting: 39. Tabled to January 12, 2004 CRA meeting, staffto 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 Raikoad Avenue. 40. The applicant is to request that the School Board allow the City's CRA Board X the first fight 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 12/17/03 6 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments of January 13, 2004 CRA meeting:: 41. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 42. To be determined. MWR/elj S:~Planning\SHARED\WP\PROJECTS\Boynton Delray Academy~COUS\COA.doc ,,~ EXHIBIT D .... . ~. ,, :......'.~:.~.-' .: ..~:~. .'-:..'. ~..'. ,:t' .'.-;."~-:..-. ~.-/:...~.*.......'~'..'.' ..~ ~.. :~.? ~-*...*-.. ,.....~ :~' 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: January 20, 2004 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 Ulncluded". 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'~Boynton Delray Academy\COUS'~O.doc XlI. - LEGAL CITY OF BOYNTON BEAC ITEM A.1 AGENDA ITEM REQUEST FO .... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2000 February 2, 2004 (Noon) [] January 6, 2004 DecemberlS, 2003(Noon) [] March2,2000 Febrnarylt, 2004(Not~...~?_~:_ [] January20,2004 January 5, 2000 (Noon) [] March l6, 2004 March l, 2004 (Noon) ' [] Administrative [] Legal ~. .c~ NATURE OF [] Announcement [] New Business ..- c~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 20, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, approved this item under First Reading on January 6, 2003. 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: Marty Madura OWNER: Keith D. Kern LOCATION: West of Railroad Avenue between NE 11a Avenue and NE 10a 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: /~'~ ALTERNATIVES~-/~/~'~.~I ~}~l~ Develol~f~en~i'Dep~l'tment DirectOr ' City [Vlanager's Signature Planning and Zoning ~rector City Attorney / Finance / Human Resources S3PIanning\SHARED\WP\PROJECTSXBoynton Defray Academy~u~BAN~genda Item Request Bo)mm Delray Academy ABAN 1-20-04 2nd reading.dot SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 04- O01 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF AN UNIMPROVED 5-FOOT WIDE ALLEY RUNNING EAST-WEST IN BLOCK B, MEEKS AND ANDREWS ADDITION TO BOYNTON; 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 PROVDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach desires to abandon the unimproved 5-foot alley right-of-way which runs west from N. Railroad Avenue located between N.E. 10th and N.E. 11th Avenue, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, public hearings have been held before the City's Planning and Development Board, and City Commission on the proposed abandoment; and WHEREAS, the properties located on the north and south sides of the alley segment be abandoned have requested this abandonment in order to assist in the development of the Delray Acadamy; and WHEREAS, the City of Boynton Beach Commission finds that the abandonment of alley is in the best interest of the public health, safety and welfare of the citizens and fidents of the City of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA THAT: Section l. The foregoing "Whereas" clauses are tree and correct, and herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does abandon a 5-foot wide alley which runs west from N. Railroad Avenue located N.E. l0th Avenue and N.E 11th Avenue, Boynton Beach, Palm Beach County, subject to staff comments and any easements of record, and more particularly in the attached Exhibit "A." A location map is attached hereto as Exhibit "B." S:\CA\Ordinances~bandonmentsV~bandon -5 Ft ROW NE 10th and NE 11 th.doc Section 3. 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 4. This Ordinance shall take effect immediately upon passage. FIRST READING this (o day of 3~333~_~ 2004. SECOND, FINAL READING AND PASSAGE THIS day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mawr ' Vice Mayor Commissioner Commissioner Commissioner Clerk S:~;A\Ordinances~bandonments~Abandon -5 Ft ROW NE lOth and NE 11th.doc EXHIBIT "A" A 5-foot alley lying in Block B of Meeks and Andrews Addition to Boynton, as recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 5-foot wide alley nmning which runs west from N. Railroad Avenue between NE l0th Avenue and NE 11th Avenue in said Block B. S:\CA~Ordinances~bandonrnents~a~bandon -5 FI ROW NE 10th and NE 11th.doc 2 C2 ' 'LOOATION MAP EXt~iBIT '-""B~ Bo¥~o~ 0~-~^¥ ^C^D~¥ DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, a municipal corporation, under the laws of the State of Florida, does hereby abandon 5-foot wide alley, which runs west of N. Railroad Avenue located between N.E. l0th and N.E. 11th Avenue, and more particularly described in the attached Exhibit "A". IN WITNESS WItEREOF, the duly authorized officers of the City of Boynton Florida, have hereunto set their hands and affixed the seal of the City this __ t of January, 2004. '- CITY OF BOYNTON BEACH, FLORIDA lanet Prainito Kurt Bressner, City Manager Clerk OF FLORIDA ) )SS~ 7OUNTY 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'~OrdinancesV~,bandonmentsV~bandon -5 Ft ROW NE lOth and NE 11Ih.doc EXHIBIT "A" A 5-foot alley lying in Block B of Meeks and Andrews Addition to Boynton, as recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 5-foot wide alley running which runs west from N. Railroad Avenue between NE l0th Avenue and NE 11th Avenue in said Block B. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-288 TO: Chairman and Hembers Community Redevelopment Agency Board THRU: Hichael W. Rumpf Planning and Zoning Director FROM: Eric Lee .lohnson, A[CP Planner DATE: December 1, 2003 SUB.1ECT: Boynton Delray Academy (ABAN 03-012). Abandonment of a five (5) foot wide right-of-way (alley) NATURE OF RBTUEST Mr. Marry Hadura, 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 ADDTr[ON TO BOYNTON, according to the Plat thereof; as recorded in Plat Book 5, Page 84 of the Public Records of PRIM BEACH COUNTY, FLOR]DA, being more parUcularly described as follows: Commendng at the Southwest comer of the East 300 feet of Block"B"; thence East, along the South line of Block ~B", a distance of 116.50 feet to the POINT OF BEG[NNTNG; thence East 116.90 feet to a point of intersecUon of the Westerly right-of-way line of Railroad Avenue; thence South 07°47'02" West, along the said Westerly right-of-way !ine, a distance of 5.05 feet; thence West, along the Southerly line of said MEEKS AND ANDREWS ADDt'I~ON TO BOYNTON, a distance of 116.49 feet to a point, thence North 03o09'23'' East, a distance of 5.01 feet to the POINT OF BEG]NNING. Said lands containing 583.481 square feet / 0.0134 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 predse limits of the existing utility easement to be abandoned. · The following is a description of the zoning districts and land uses of the pmperUes that surround the subject North: Right-of-way for Northeast :tl= Avenue, then farther north is vacant residenUal property zoned R-2; South: Right-of-way for Northeast 10th Avenue, then farther south is developed commercial property (Klng's Caf&) 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 commerdal 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 sou~). The proposed project (¢OUS 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 direcUon. ANALYSIS 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 mom property owners would be affected by the abandonment. This is because the right-of-way is dMded in half; each half conveyed to the abutUng property owners. Pursuant to Chapter 22, Artide [[[, Section 4, public noUce was given to the property owners that abut the alley to be abandoned, all utilib/companies have been notified and the request has been advertised in the newspaper. [n 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 Qb/has not received any letters of obJecUon from the abutUng owners. However, a summary of the responses from the utility companies and db/staff is noted as follows: cTrY DEPARTMENTS/D[VZS[ONS Engineering - No objection Public Works/Utilities No objection Planning and Zoning Approval with condiUons (see Exhibit "C"- Conditions of Approval) PUBI_[C UT[LITY COHPANZES Rorida Power. and Ught - No objection Bell South - No response (see Exhibit =C"- Condrdons of Approval) Rorida Public U1JliUes Company - No response (see Exhibit "C:"- CondiUons of Approval) Cable Company (Adelphla) - No objection The Engineering Division of Public Works has preliminarily reviewed and approved this request for abandonment. No uUIitles have been found within this right-of-way. However, any Issues that arise in the futura would typically be addressed during the Ume of platting. As of the date of this report, no response has been received yet from Bell South or the Rorida Public UUIitles Company. RECOMMENDATION Staff is recommending approval of this request to abandon the 5-foot wide alley given the lack of Public necessity as determined by staff, contJngent upon satisfying all comments in the condiUons of approval. Any addiUonal conditions required by the Community Redevelopment Agency and / or the City Commission will be placed in Exhibit ~ - Condrdons of Approval. xc: Central Rle 1 in. = 125.0 feet 2 C2 "'LOCATION MAP-" · BOYNTON DELRAY ACADEMY EXHIBIT "B" SKETCH OF LEGAL P.O.C.. --- POINT OF COMMENCEMENT "-~ = RIGHT-OF-WAY ( m ~m' ) ~_N.E. 11th AVENUE _ (2o' ~/w) . .,. I --- S.F'. CO~F~ "' / c~ . ~ I /[^ST 300' .~ ~ r..~r'a~o' ~ ~oo~ ~ ~l~-.I ? 1 I J BLOCK "B" ~P ~ I MEEKS AND ANDREWS ADDITION I~J~'J "- J j/ o .' TO BOYNTON -... ' · E~LOCK '~' 0 B (~'~' s, ~c. ~) ~__..._.1 I ,! T . ' u//////////////////////////////,,,ll / / / -// PLAT UU~TS-~ re.a- ~ ~e. a~) ,P~OP0S 5 VACAllONJ (P.B. l, Pc. 123, P.B.c.~.) CERTIFICATE.; · ~ ~ ~ ~ V~Lm t~mmr~ ~ su~v~v~'s a~J~Z P.LS. ~4531 iDAI]~ '] ~L~-~IS~ON~' SCALE: 1' = 50' DAVIS & P UI~MORT, INC. ,,~w,,,. ..~ Land Skn-~eyors · Land Development Consultants · P!~nner8 JO~ NO:. 0,~-1197 ~ ~HiS~ ~ ~VENUE-- ~IELD eEACH, FL ~l F.B./PG. N/A Sub~Jlvlalena ~¢ Condomlnluma Land & ~Ite Planning F~, ~=.~w~s=~.,*~=~.~~.~.~~=.c==~~ ~NO. 2 ~ 2 "' ~EXH'IBIT "B"' LECAL DESCRIPTION: THE' FOLLOWING DESCRIBED PARCEL OF LAND IS FOR A · . VACATION OF RIGHT-OF-WAY, A PORTION OF THE SOU. TH 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 300' 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.z~9' 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. 0134 ACRES MORE OR LESS. DA VIS & PURMOR T, Le I0oa721~ . , DATE: 10-.-14--0~ Land ~urveyors · Land DevelOpment Consultanta. Planners' gOg N~. 03--1197 843 ~OUTHF_A..%~T 8th A~NUE-- DE~RFIE3.D BEACH. FL 3~3441 F.B./~G. N/A Ptmm: (~r) ,~21-~'ml '& (g~4) e~-.elol f~: (ga4)e~-g722 Subdlvlslon~ ,~c Condor'r"~Inlum~ Land & Site Planning FTL~ 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 Conmients: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Coam~ents: None X Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DIVISION C'~,Oiiii ,ients: 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 3. None X ADDITIONAL CITY COMMISSION CONDITIONS comments: 4. To be determined. S:~ng¥SHARED~WI:~PROJECTS~oynton Delmy AcademytABAN~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 15~h 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 MA'I-I'ER 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~WI:~PROJECTS~Boynton Delray Academy~BAN~O.doc XII. - LEGAL ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [ I December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (No~p.~ [] January 6, 2004 December l5, 2003 (Noon) [] March 2, 2004 Februaryl6,200a(N~) r"'~ [] January 20, 2004 January 5, 2004 (Noon) [] March l6, 2004 Marchl,200n(Noon);l:~, [] Administrative [] Legal NATURE OF [] Announcement [] New Business ..-r- AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the January 20, 2004 City Commission Agenda under Legal - Resolutions. Staff recommends this resolution be approved which represents the issuance of a "Notice of Intent", in preparation for a code review of Land Development Regulations governing the Infill Planned Unit Development (IPUD) zoning district. EXPLANATION: In follow-up to the execution of the Zoning in Progress (ZIP) resolution, staffis prepared to initiate amendments to the Land Development Regulations to determine if modifications are needed with respect to requirements for pervious area, design standards, increase to landscape requirements and setbacks. PROGRAM IMPACT: Ensure quality projects consistent with the stated intent of the zoning district and the "Federal Highway Corridor Community Redevelopment Plan." FISCAL IMPACT: N/A ALTERNATIVES: Not approve subject resolution. Develol~en(Dep~rtment Director ~ '~Yt~ Manager's Signature Pl~nnirlg and Zoni~rector City Attorney / Finance / Human Resources G:\CC Agenda Request NOl-l-20-2004.dot XII. - LEGAL ITEl4 C. 1 RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ISSUANCE OF A NOTICE OF INTENT TO ALLOW THE CITY ADMINISTRATION TO STUDY, REVIEW AND REVISE THE STANDARDS AND REQUIREMENTS FOR DEVELOPMENT IN THE INFILL PLANNED UNIT DEVELOPMENT DISTRICT (IPUD); PROVIDING FOR NOTICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City administrative .staff has requested Commission approval to issue a of Intent to allow the staff to study and review the Infill Planned Unit Development (PUD) to determine if amendments or modifications are needed with respect to uirements for pervious area, design standards, increase landscape requirements, and ~etbacks; and WHEREAS, the Commission deems it timely and in the best interest of the City and residents to ttodertake study, review and revision of the IPUD Code; and WHERAS, the Commission has authority to initiate the review process by adoption Resolution and issuance of a Notice of Intent; and WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents formal announcement of planning activities and zoning in progress, and the period during time all applications related to development activity proposed within the study area, either be abated or must conform to the most restrictive standards or regulations being or proposed~; and WHEREAS, this Notice of Intent will be in effect from the date of adoption and ',:\CA'~Notice of IntentLNofice of Intent Reso - IPUD.doc for a period of 180 days following the date of adoption unless otherwise extended >y the City Commission by subsequent Resolution following public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does adopt and issue the Notice of Intent attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective city-wide immediately passage. Section 3. The Notice of Intent shall be posted and copies provided as required Ordinance 000-053 (Codified in Article XI of Chapter 1 of the City's Land Development Part III, Code of Ordinances). Section 4. A Public Hearing shall be conducted during the February 3, 2004 City meeting, following which the Commission shall vote to either approve or further processing of the proposed regulation study period described in the Notice ~f Intent. Section 5. No application for development activity within the scope of the study be accepted by the City following the date of adoption of this Resolution and during the No application for development activity within the scope of the study shall be processed by the City, following the date of adoption of this Resolution during the period, unless the application was filed prior to the adoption date of this Resolution. By way of example: If an increase in setbacks from ten feet to twelve feet is under study, a site plan foot setbacks may be submitted and processed. :\CA\Notice of Intent2qotice of Intent Reso ~ IPUD.doc PASSED AND ADOPTED this __. day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner " Commissioner Clerk \CAXNotice of IntentXNotice of Intent Reso - IPUD.doc EXHIBIT "A" NOTICE OF INTENT TO ADOPT PENDING LAND' DEVELOPMENT AMENDMENT NOI #2004-01 STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this Notice of Intent is to declare a period to prepare and bring forward for adoption amendments to the Land Development Regulations to clarify standards and requirements for the Infill Planned Unit Development Zoning District. AFFECTED AREA The Affected Area shall be specifically described as all lands eligible to be rezoned to Infill Planned Unit Development (IPUD) citywide. (see attached Exhibit "A"). GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) 1. Increase requirements for pervious areas; 2. Provide design standards; 3. Increase landscaping requirements; and, 4. Provide clearer setback requirements. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED The intent of amendments to the Land Development Regulations is to ensure quality projects consistent with the stated intent of zoning district and the "Federal Highway Corridor Community Redevelopment Plan". EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE SUBJECT OF THE STUDY AND MAY BE AMENDED LDR, Chapter 2. Zoning, Section 5.L. INFILL PLANNED UNIT DEVELOPMENT ([PUD) PROJECTED TIME FRAME FOR STUDY One Hundred and Eighty (180) days fi:om the date of approval of this Notice by the City Commission. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT S:\CAh'qotice of lntentXaxIOl 2004-01.doc Effective on adoption of this Notice, no application or uses within the Affected Area deemed incomplete shall be processed and no new application shall be accepted or processed during the period that this Notice is in effect. This Notice of Intent shall only apply to said applications for rezoning to the Infill Planned Unit Development Zoning District submitted to the City after the Notice of Intent is executed. ADDITIONAL NOTICE 1. The Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. 2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce. 3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electronic mail or in person. Comments including written objections to the Notice of Intent, shall be accepted by the Development Department Director from recipients of this notice. Neither failure by the City Clerk to provide notice as set forth in this section non the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: January 20, 2004 Adopted by Resolution number R04- of the City Commission of the City of Boynton Beach, Florida the __ day of ., 200__. By: Office of the City Clerk S:\CA~qotice oflntc-ntX, NOI 2004-01.doc XII. - LEGAL Glinski, Bonnie ITEM D.1 From: Lamanna, Rosemarie ~.nt: Tuesday, January 13, 2004 2:18 PM · o: Prainito, Janet Cc: Glinski, Bonnie Subject: 1/20/04 Agenda Jim needs to add a request to the Commission agenda for 1/20 for an executive session on the following matter: IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CITY OF BOYNTON BEACH, a Florida municipal corporation, CASE NO. 2003 CA 005485 AE Petitioner, VS. JANET HAl J., Trustee and JANET HAl J., individually, JOHN K. CLARK, TAX COI.I JFCTOR, Palm Beach County, Respondents. /