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Agenda 04-20-04The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561)742-6000 City Commission AGENDA APRIL 20, 2004 Jerry Taylor Mayor At Large Bob Ensler rill Commissioner District I Mack McCray ' Commissioner ~--~' District II Mike Ferguson Vice Mayor Carl ~,Ko~ District IV DISTRI~: Ku~ Bressner G~ty Manaoor www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOf4E Thank you for attending the City Commission 14eeting GENERAL RULES & PROCEDURES FOR PUBLIC PART~CIPA1/ON AT CI'FY OF BOYNTON BEACH COI~If4ISSION MEETINGS THE AGENDA= There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMI~II$$ION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESSTNG THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA April 20, 2004 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Dr. Solomon Rothstein, 2"d Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Ensler D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission ANNOUNCEf4ENTS, COMMUNTTY & SPEC~J~,L EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events: C. Presentations: 1. Proclamations: a. National Library Week- April 18-24, 2004 b. Holocaust - Days of Remembrance Proclamation - April 18-25, 2004 c. Fair Housing Month Proclamation -April 2004 d. Drinking Water Week ProclamaUon - May 2-8, 2004 e. Municipal Clerks Week- May 2-8, 2004 Agenda Regular City Commission Meeting Boynton Beach, Florida April 20, 2004 f. Relay for Life Days Proclamation - May 7-8, 2004 g. Nurses' Week - May 6-12, 2004 2. Accept presentation by Craig Steinberg, International Inflatable Products and Games Association State Representative, thanking Debbie Majors for dedication to the overall safety standards for inflatable rental companies doing business in the City of Boynton Beach ZV. PUBLZC AUDZENCE: ZNDZVZDUAL SPEAKERS WZLL BE LZMTrED TO 3-MZNUTE PRESENTATZONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMZNTSTRATWE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date :[V HcKoy Advisory Bd on Children & Youth Reg 2 yr term to 4/05 Mayor Taylor Advisory Bd on Children & Youth Stu/Voting Iyr term to 4/05 ! Ensler Advisory 8d on Children & Youth Reg 2 yr term to 4/06 :[! McCray Advisory Bd on Children & Youth Reg 2 yr term to 4/06 !II Ferguson Advisory 8d on Children & Youth Reg 2 yr term to 4/06 IV McKoy Advisory Bd on Children & Youth Alt i yr term to 4/05 Mayor Taylor Advisory Bd on Children & Youth Alt 1 yr term to 4/05 ! Ensler Advisory Bd on Children & Youth Stu/Voting i yr term to 4/05 !I McCray Advisory Bd on Children & Youth Stu/NonVoting I yr term to 4/05 Mayor Taylor Arts Commission Reg 3 yr term to 4/07 ! Ensler Arts Commission Reg 3 yr term to 4/07 !I NcCray Arts Commission Reg 3 yr term to 4/07 !II Ferguson Arts Commission Reg 2 yr term to 4/06 !V McKoy Arts CommissIon Reg 2 yr term to 4/06 Mayor Taylor Arts Commission Reg i yr term to 4/05 ! Ensler Arts Commission Reg 1 yr term to 4/05 II McCray Arts CommissIon Alt 1 yr term to 4/05 !I! Ferguson Arts Commission Alt 1 yr term to 4/05 !V McKoy Cemetery Board Reg 3 yr term to 4/06 Tabled (3) Mayor Taylor Cemetery Board Reg 3 yr term to 4/07 ! Ensler Cemetery Board Alt 1 yr term to 4/05 Mayor Taylor Code Compliance Board Alt 1 yr term to 4/05 Tabled (2) ! Ensler Code Compliance Board Reg 3 yr term to 4/07 !:[ McCray Code Compliance Board Reg 3 yr term to 4/07 :[II Ferguson Code Compliance Board Alt 1 yr term to 4/05 2 Agenda Regular City Commission Meeting Boynton Beach, Florida April 20~ 2004 IV McKoy Community Relations Board Reg 3 yr term to 4/05 Tabled (2) Mayor Taylor Community Relations Board Reg 3 yr term to 4/07 T Ensler Community Relations Board Reg 3 yr term to 4/07 I! McCray Community Relations Board Reg 3 yr term to 4/07 I!! Ferguson Community Relations Board Alt I yr term to 4/05 II McCray Education Advisory Board Stu i yr term to 4/05 Tabled (3) III Ferguson Education Advisory Board Reg 2 yr term to 4/05 Tabled (3) IV McKoy Education Advisory Board Alt 1 yr term to 4/05 Mayor Taylor Education Advisory Board Reg 2 yr term to 4/06 I Ensler Education Advisory Board Reg 2 yr term to 4/06 II McCray Education Advisory Board Reg 2 yr term to 4/06 III Ferguson EducaUon Advisory Board Alt I yr term to 4/05 IV McKoy Education Advisory Board Stu I yr term to 4/05 Mayor Taylor Library Board Reg 3 yr term to 4/07 I Ensler Ubrary Board Reg 3 yr term to 4/07 III Ferguson Library Board Alt 1 yr term to 4/05 IV McKoy Library Board Alt i yr term to 4/05 III Ferguson Planning & Develo }ment Board Reg 2 yr term to 4/06 IV McKoy Planning & Develo ~ment Board Reg 2 yr term to 4/06 Mayor Taylor Planning & Develo )merit Board Reg 2 yr term to 4/06 I Ensler Planning & Develo ~ment Board Reg 2 yr term to 4/06 II McCray Planning & Develo ~ment Board Alt 1 yr term to 4/05 III Ferguson Planning & Develo ~ment Board Alt 2 yr term to 4/05 II McCray Recreation & Parks Board Reg 3 yr term to 4/07 III Ferguson Recreation & Parks Board Alt 1 yr term to 4/05 IV McKoy Recreation & Parks Board Alt Iyr term to 4/05 III Ferguson Senior Advisory Board Reg 2 yr term to 4/06 IV McKoy Senior Advisory Board Reg 2 yr term to 4/06 Mayor Taylor Senior Advisory Board Reg 2 yr term to 4/06 I Ensler Senior Advisory Board Alt Iyr term to 4/05 II McCray Senior Advisory Board Alt 1 yr term to 4/05 III Ferguson Employees' Pension Board Reg 3 yr term to 4/07 VZ. 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. City Commission/CRA Joint Workshop Meeting of March 30, 2004 2. Agenda Preview Conference of April 2, 2004 3 Agenda Regular City Commission Meeting Boynton Beach, Florida April 20, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Approve the ranking of firms by the Evaluation Committee for the "DEVELOPMENT OF A STRATEG]:C PLAN AND UPDA'I-~NG THE RECREAT]:ON AND OPEN SPACE ELEMENT OF THE CITY OF BOYNTON BEACH'S COMPREHENS1~VE PLAN," RFQ#025-2710-04/C.1D; and to authorize the Recreation and Parks Department to conduct negotiations for compensation for services (TABLED ON 04/07/04) 2. Multi-award Bid#030-1412-04/COD "ANNUAL MTSCELLANEOUS UN]:FORMS TO 1~NCLUDE EMBROTDERY/STLK SCREENTNG" on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications, with an annual expenditure of $80,000 3. Award the RFP for the "ANNUAL JULY 4th FTREWORKS DIISPLAY," RFP#039-2710-04/JA to "MELROSE SOUTH PYROTECHN]:CS, ]NC. of South Carolina in the amount of $31,000 to include the barge (Proposed Resolution No. RO4-O54) 4. Award the bid for "PURCHASE OF ONE NEW AND UNUSED SOI_ZD WASTE REFUSE COLLECTION UNIT," Bid #036-2510-04/.1A to GREAT SOUTHERN PETERB:[LT, ]:NC. of .lacksonville, Florida, in the amount of $157,732.01 5. Extend the Code Compliance trailer lease as "sole source" with RESUN LEAS]:NG, ]:NC. in the amount of $11,424.96 with a contract period of Nay 19, 2004 through May 18, 2005 C. Resolutions: 1. Proposed Resolution No, R04-055 Re: Agreement for Water Service Outside the City Limits with June M. 3ones for the property at 1192 Peak Road, Lantana, Florida (Lots 242 80_43, Ridge Grove Addition 2. Proposed ResoluUon No. R04-056 Re: Agreement for Water Service Outside the City Limits with Lance Sinclair for the property at 3574 N. Old Dixie Highway, Delray Beach, Florida (Lot 87, Amended Plat of Tradewind Estates) 3. Proposed Resolution No. R04-057 Re: Agreement for Water Service Outside the City Limits with Ulrick and Gislo Dorsainvil for the property at 1086 Seagrape Road, Lantana, Florida (Lot 50, Hypoluxo Ridge Addition 2) 4. Proposed Resolution No. R04-058 Re: Agreement for Water Service Outside the City Limits with Wilson B. Greaton, Jr., Trustee, and 4 Agenda Regular City Commission Meeting Boynton Beach, Florida April 20~ 2004 Colson & Colson Construction Company as Contract Vendee, for the 6.21- acre parcel located at the intersection of Military Trail and the LWDD L-21 Canal 5. Proposed Resolution No. R04-059 Re: Agreement between Palm Beach County and the City of Boynton Beach to provide funding for the HeritageFest Coronation and Youth Awards Banquet 6. Proposed ResoluUon No. R04-060 Re: Tnterlocal Agreement between the City of Boynton Beach and the School Board of Palm Beach County for the mutual use of facilities 7. Proposed Resolution No. R04-061 Re: Revisions to the Recreation & Parks Department Revenue Policy Manual 8. Proposed Resolution No. R04-062 Re: Urging the United States House of Representatives and Senate to continue to support beach renourishment projects and reject all efforts to withdraw or limit the Federal government role in this environmental and economic resource 9. Proposed Resolution No. R04-063 Re: Assessing the costs of abatement of certain nuisances against the owners of properties involved 10. Proposed Resolution No. R04-064 Re: Approving Task Order no. U-04-5-01 with CH2M Hill for furnishing a user rate (cost of services) study, a capital facilities charges study and an engineer's report on the City's water, wastewater and stormwater Utilities (the Task Order fee will be a not-to-exceed upper limit of $41,386.25) 11. Proposed Resolution No. R04-065 Re: Amending the Cemetery Rules & Regulations to add a rule requiring that on all new mausoleum sales, bodies to be placed in the mausoleum must be embalmed. On previously purchased crypts, if a person does not wish to be embalmed, the body must be placed in a Ziegler case. ]:n addition, a plastic tray must be placed under the casket on al_il entombments. 12. Proposed Resolution No. R04-066 Re: Amendment No. I to Task Order R0~-10-001 in the amount of $7,000 to Kimley-Horn and Associates, ]:nc. for the preparation of a boundary survey for the entire project area, review of title commitment and preparation of individual boundary surveys on the 5 properties within the boundaries of the project (Wilson Center, Pool and Park Complex) D. Ratification of Planning & Development Board Action: None 5 Agenda Regular City Commission Meeting Boynton Beach, Florida April 20, 2004 E. Ratification of CRA Action: 1. Mariners Way (ZNCV 04-001), 800 Mariners Way - Request relief from Chapter 2, Zoning, Section 5.C.2.A, requiring a minimum front yard setback of 40 feet, to allow for a variance of 30 feet, and a front yard setback of 10 feet for a structure within an R-3 zoning district 2. Coastal Bay Colony (SPTE 04-002), SE 23~ Avenue and South Federal Highway - Request for a one-year time extension of the site plan approval granted on February 18, 2003, from February 18, 2004 to February 18, 2005 F. Accept the written report to Commission of purchases over $10,000 for the months of February and March 200,l for informational purposes G. Appropriate $7,000 from the Law Enforcement Trust Fund (federal forfeiture funds) to pay for the production and broadcast of an anti-drug public service announcement H. Authorization to apply for funding towards the acquisition of Jaycee Park, from the 2004/05 Florida Communities Trust, Florida Forever Program I. Authorize the use of $2,000 of Community Tnvestment Funds to Committed Citizens Concerned about our Children, Inc. by Commissioner McCray .1. Authorize the use of $1,500 of Community Investment Funds to Bethesda Memorial Hospital for the 3ayne Miller Nursing Scholarship Fund by Mayor Taylor, Vice Mayor Ferguson and Commissioner McCray VII. CODE COMPLTANCE & LEGAL sErFLEMENTS: None VIII. PUBI 1C HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERM/TS A. Project: Mixed Use Code Review (CDRV 04-001) (RETABLffD ON 03/~/6/04)) Agent: City iniUated Description: Request for approval of proposed amendments to Chapter 2 Zoning, Section 6.F. Mixed Use Zoning Districts B. Special Warranty Deed conveying title from the City of Boynton Beach to Habitat for Humanity of South Palm Beach County, ]:nc. for Lot 353, Cherry Hills (Proposed ResoluUon No. R04-O67) C. Project: Dunkin Donuts (COUS 04-001) Agent: Ronald L. Uphoff 6 Agenda Regular City Commission Meeting Boynton Beach, Florida April 20, 2000 Owner: Roderick H. Cushman Location: 1317 South Federal Highway Description: Request for Conditional Use approval for a 2,474 square foot drive-thru restaurant on a 0.43-acre parcel in a C-3 zoning district ZX. CZTY MANAGER'S REPORT: None X. FUTURE AGENDA TI'EMS: A. Approval of Task Order #R04-5-04 in the amount of $81,366 to CH2M Hill, Inc. for architectural and engineering services for design and construction administration for Senior Center Phase III - Proposed Resolution No. RO4- 04t (7'A~L£~ OIV 03/.~/04 TO 0.9/04104) B. Discussion regarding Non Quasi-judidal Advisory Board Consolidation (May 4, 2004) C. Status Report on Old High School (May 18, 2004) D. Approve Amendment #1 to Work Authorization #1, CH2M Hill for $44,000 (Amendment #1 provides for the hardening of the Community/Fire Training Room at Fire Station #2) (Proposed Resolution No. R04- ) (May 18 2004) E. Additional Property Tax Assessment Exemption for Income Eligible Senior CiUzens per FSS 196.075 (May 2004) F. Proposed Ordinance No. 04-013 Re: Development of Regional Impact Amendment (DR[A) approval amending the approved uses within the project, establishing a use conversion matrix and changing the name of the DR1 project from Motorola to Renaissance Commons (2''d READ.rNG TABLED ON 04/07/04 -- AWA,ETZiYG APPROVAL FROH D.C.A. ON COI~IPAIVZOI¥ ORD~r~IAI¥CE) (.lune 2004) G. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) H. Proposed Lease Agreement with Boynton Woman's Club (TBA) XI. NEW BUSZNESS: None 7 Agenda Regular City Commission Meeting Boynton Beach, Florida April 20~ 2004 XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 04-005 Re: Amending Chapter 9, "Fire Protection and Prevention," Article II, Creating a new subsection 9- 24, "Requirements for high-rise buildings and buildings with six or more stories (TABLED ON 03/~6/04) 2. Intentionally left blank 3, Proposed Ordinance No, 04-0:L9 Re: Annexation of 17.12- acres of unincorporated land to be concurrently reclassified and rezoned for 17 single-family homes (Bermuda Bay) 4. Proposed Ordinance No. 04-020 Re: Amending the Comprehensive Plan Future Land Use Map to reclassify 17.12-acres from MR-5 Residential (Palm Beach County) to Low Density Residential (4.84 du/ac) (Bermuda Bay) 5. Proposed Ordinance No. 04-02:i. Re: Rezoning 17.12-acres from GC-General Commerce, AR-Agricultural Residential, RS-Residential (Palm Beach County) to R1-AAB Single Family Residential (Bermuda Bay) 6. Proposed Ordinance No. 04-022 Re: Amending the Comprehensive Plan Future Land Use Map to reclassify 18.32-acres from Agriculture (A) to Low Density Residential (4.84 du/ac) (Anderson PUD) 7. Proposed Ordinance No. 04-023 Re: Rezoning 18.32-acres from AG-Agriculture to PUD-Planned Unit Development (Anderson PUD) 8. Proposed Ordinance No. 04-024 Re: Amending the Comprehensive Plan to add i objective and 3 policies to the Future Land Use Element of the Comprehensive Plan, to add development thresholds applicable to the Urban Central Business District 9. Proposed Ordinance No. 04-025 Re: Reclassifying multiple properties totaling _+15.036 acres from Mixed Use (MX) to Mixed Use-Core (MX-C), retaining the existing Conservation Overlay 10. Proposed Ordinance No. 04-026 Re: Amending Chapter 13, "Licenses," Article ]~, "Occupational Licenses" of the Code of Ordinances to amend Section 13-7, "Application and Reapplication Fee," providing for additional inspection fees if additional inspections warranted by the applicant's proposed use of property and amending Section 13-25, "Businesses that handle hazardous materials or waste" of the Code of Ordinances 8 Agenda Regular City Commission Meeting Boynton Beach, Florida April 20, 2004 11. Proposed Ordinance No. 04-027 Re: Amending Chapter 1, "General Provisions," Article VII, "Appeals," Section 1.D of the Land Development Regulations removing environmental review permits from the City Commission appeal process; amending Chapter 2, "Zoning," Sections 4.N, 5, 6, 7, and 8 of the Land Development Regulations, providing for Fire Department hazardous material disclosure toxic substance permits in accordance with Part II, Section 9-71 of this code with respect to various uses within each zoning district; deleting Section 11.1.I; and deleting Section 11.3, removing the use of the Environmental Review Committee from the environmental review permit approval process 12. Proposed Ordinance No. 04-028 Re: Amending Chapter 9, "Fire Protection and Prevention," amending Section 9-30, "Duties of Officers" of the Code of Ordinances, authorizing officers of the Fire and Life Safety Division to enforce all laws concerning toxic substances and amending Section 9-71, "Disclosure and Safety Requirements," of the Code of Ordinances, requiring a hazardous material disclosure/toxic substance permit for all businesses, new and existing, using, handling, storing or displaying hazardous or toxic substances B. Ordinances - Is~ Reading 1. Proposed Ordinance No. 04-029 Re: Amending Chapter 24, "Taxicabs," of the Code of Ordinances, Part II, and creating a revised Chapter 24 entitled "Vehicles for Hire" 2. Proposed Ordinance No. 04-030 Re: Revisions to Chapter 10 "Garbage, Trash and Offensive Conditions" of the Code of Ordinances, Part II 3. Proposed Ordinance No. 04-031 Re: Revisions to Ordinance No. 01-64 (Arts Commission) C. Resolutions: None D. Other: 1. Intentionally le~ blank 2. Reconsideration of Ordinance No. 04-009 regarding consolidation of powers of the Nuisance Abatement Board and the Code Compliance Board Agenda Regular City Commission MeeUng Boynton Beach, Florida April 20, 2004 3. Reconsideration of Ordinance No. 04-010 regarding consolidation of powers of the Building Board of Adjustment and Appeals with the Planning and Development Board 4. Discussion of proposed ordinance to establish composition of Planning & Development Board XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOT]CE iF A PERSON DECIDES TO APPEAL ANY DECISION PlADE BY THE CITY COMMiSSiON w]-rH RESPECT TO ANY MA]-fER CONSIDERED AT THiS MEETING~ HE/SHE WiLL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE NAY NEED TO ENSURE THAT A VERBAT[f4 RECORD OF THE PROCEEDING iS I~IADE, WHiCH RECORD iNCLUDES THE TE~F[MONY AND EVIDENCE UPON WHICH THE APPEAL iS TO BE BASED. (F.S. 286.0105) THE c_rfY SHALL FURNISH APPROPRIATE AUXILIARY AiDS AND SERVICES WHERE NECESSARY TO AFFORD AN iNDiViDUAL W]-fH A DiSABiLITY AN EQUAL OPPORTUNe-FY TO PART~CIPATE iN AND EN.1OY THE BENEFITS OF A SERViCEt PROGRAklt OR ACT[Vi-FY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAH OR ACTWZTY IN ORDER FOR THE CiTY TO REASONABLY ACCOMHODATE YOUR REQUEST. bg F]:NAL AGENDA 4/16/2004 11:21 AM $:\CO\WP~OOAGENDA~AGENDAS\YEAR 2004\042004 FINAL AGENDA.DOC 10 t't'L-ANNOUNCEIqENTS & PRESENTATIONS Item C.l.a CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOn v. R~qutn~l City Cotmnis~o~ Date Final Form Must b~ Tum~ Requ~a~d City ~ ~ F~ F~ M~ ~ ~ ~ M~g D~ ~ ~ C~ Cl~'s ~ M~ ~ ~ C~ Cl~'s ~ ~6,2~ ~ 15, 2~ ~) ~ ~1,2~ ~ 17, 2~ ~) ~ 20, 2~4 ~ 5, 2~ ~) ~ J~ 15, 2~ May 31, 2~4 ~) May 4, 2~ ~i 19, 2~ ~) ~ ~6,~ J~ 14, 2~ ~) May 18,2~ May3,2~) ~ Jffiy20,2~ July5,2~) NATURE OF [] Announcement [] New Business AGENDAITEM [] City Manager' s Report [] Presentation t,o ~_~ [] Con ntagenda [] [] Code compliance/Legal Settlements [] Unfinished Business RECOMI~I~ITION: Adopt Procl~ation celebrating National Library' Week April 18 - 24, 200~ EXPLANATION: Libraries throughout the country are celebrating April 18 - 24 as National Library Week. This proclamation includes Boynton Beach officially in that celebration. PROGRAM IMPACT: Recognizes the services and role of the Boynton Beach City L~rary - a place for opportunity, education, self-help and lifelong learning by providing our community with the resources needed to five, learn and work in the 21st century. FISCAL IMPACT: NONE ALTERNATIVES: Do not adopt proclamation. Department Head's Signature ' City Manager's Signature Library Department Name City Attorney / Finance / Humon Resources S:~BUL~RMS~AOENDA~RF, Q~ST FORM.DOC WHEREAS, our City's public library provides equity of access to library users no matter their age, income anti socioeconomic background; and WHEREAS, our City's public library plays a vital role in providing people with the resources they need to live, learn and work in the 21st century; and WHEREAS, our City's public library is a changing and dynamic place and librarians are the ultimate search engine, helping people of all ages find the information they need in print and online; and WHEREAS, our City's public library is a part of the Amedcan Dream - a place for opportunity, education, self- help and lifelong learning; and WHEREAS, our City's library brings you a world of knowledge both in person and online, as well as personal service and assistance in finding what you need, when you need it; and WHEREAS, our City's public library is a key player in the national discourse on intellectual freedom, equity of access, and narrowing the "digital divide;" and WHEREAS, our City's public library is united with other libraries in Palm Beach County in supporting the 2004 Read Together Palm Beach County, One Book One Community program to further enthusiasm for reading; and WHEREAS, awareness and support must be increased for libraries, librarians and library workers by raising their visibility in a positive context and by communicating clearly and strongly why libraries are both unique and valuable and how librarians provide the information lileracy skills that people need to succeed throughout life; and WHEREAS, more individuals must be recruited to the profession of librarianship and to work in librarians to maintain their vitality in today's changing workplace; and WHEREAS, libraries, librarians, library workers and supporters across Amedca are celebrating National Ubrary Week with @ your library", The Campaign for America's Libraries. NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, proclaim National Library Week to be observed in Boynton Beach on Apd118-24, 2004. I encourage all residents to take advantage of the variety of library resources available @ your local City Library. I also urge residents to thank both librarians and library workers for providing valuable services and making information accessible to all who walk through the library's doors. Come see why there's something for everyone @ the Boynton Beach City Library. 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 20"~ day of April 2004. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:\CC\WP\CCAGENDA~Proclamations\Year 2004\Ubrary Week - 2004.doc Z/L-ANNOUNCEMENTS & PRESENTATIONS Ztern C.l.b CITY OF BOYNTON BE AGENDA ITEM REQUES I' rumv, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June I, 2004 May 17, 2004 (Noon) [~;' ~i12~; 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 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: Present Proclamation EXPLANATION: In accordance with its Congressional mandate, the United States Holocaust Memorial Museum will lead the nation in the annual Days of Remembrance of the Victims of the Holocaust, commemorated this year from April 18-25. This year's observance will honor the memory of the Jews of Hungary, deported 60 years ago in the final stages of World War II, as well as those few individuals, organizations and countries that attempted to rescue them. PROGRAM IMPACT: Recognizes the importance that we, as a nation and individually, must strive to overcome prejudice and inhumanity through education, vigilance and tolerance. FISCAL IMPACT: None ALTERNATIVES:~~. ~!N°t ~e,~g~ present Proclamation ~ /-~ ~ i' (7' b-epartn~nt H~[~'s Signature gnature Public Affairs Department Name City Attorney / Finance / Human Resources SABULLETIN~ORMSLa. GENDA ITEM REQUEST FORM.DOC The Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary victims - six million were murdered. Gypsies, the handicapped, and Poles were also targeted for destruction or decimation for racial, ethnic or national reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents, also suffered grievous oppression and death under Nazi tyranny. The history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies and govemments. People should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution and tyranny. They should actively rededicate themselves to the principles of individual freedom in a just society. The Days of Remembrance have been set aside for people to remember the victims of the Holocaust as well as to reflect on the need for respect for all peoples. Pursuant to an Act of Congress, the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, April 18, through Sunday, April 25, 2004, including the international Day of Remembrance known as Yom Hashoah on April 18. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 18-25, 2004 as: Days of Remembrance and urge all citizens to remember the victims of the Holocaust and to honor the survivors, as well as the rescuers and liberators, and to overcome intolerance and indifference through leaming and remembrance. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 20th day of April ir, the Year 2004. Jerry Taylor, Mayor City of Boynton Beach ATYEST: City Clerk iCorporate Seal) ;:\CC~Wl~CCAGENDA~roclamations\Year 2004'fflolocaust Proclamation - 2004.doc ~I'],.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.c CITY OF BOYNTON BEA AGENDA ITEM REQUEST Fi]I M Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetin.q Turned in to City Clerk's Commission MeetinR Dates Turned in to City Clerk's Office Dates Office [] Apdl 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noo~ [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon):~7 [] Administrative [] Legal :a. ~:z: NATURE OF [] Announcement [] New Business ? .~z AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing Code compliance/Legal Unfinished [] Settlements [] Business RECOMMENDATION: For the Mayor to proclaim the Month of April as "Fair Housing Month" in the City Of Boynton Beach. EXPLANATION: See attached Exhibit "A". PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Not to make the proclamation. Depar{C-neht H~ad's Signat~Jre (~ity Manager's Signature Department of Development Community Improvement Division N/A Department Name City Attorney / Finance / Human Resources The strength of our nation, and all of its states, flows from the promise of individual equality and freedom of choice. Although Equal Opportunity is a right guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing continues. The anniversary of the enactment of Title VIII during the month of April is an occasion for Americans, individually and collectively, to rededicate themselves to the principle of freedom of choice and to participate in efforts to eliminate vestiges of housing discrimination wherever they occur. Since fair housing is consistent with the principle of quality and justice for all, we all need to share in the fight to ensure fair housing is a reality for all residents. Fair housing is the policy of the City of Boynton Beach, and implementation of that policy requires positive commitment, involvement and support of all our citizens. The City will continue to provide the necessary leadership to make fair housing not just an idea but an ideal for all our residents. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 2004 as: Fair Housing Month and urge all citizens to join the efforts to reaffirm fair housing opportunities for all people. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 20th day of April in the Year 2004. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) g:\CC~Wlm, CCAGENDA~oclamations\Year 2004~Fair Housing Month - 2004.doc ZZZ.-ANNOUNCEMENTS & PRESENTATIONS ~tem C.:L.d CITY OF BOYNTON B] AGENDA ITEM REQUES'. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Cit3' Clerk's Office Meeting Dates in to Ci~' Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 3 l, 2004 (Noon) [] May4,2004 April l9, 2004 (Noon) [] July6,2004 June l4, 2004 (Noon) ~ [] Marl8,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 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: Proclaim May 2nd through May 8t~ as Drinking Water Week recognizing the importance of drinking water in all of our lives. EXPLANATION: For over 30 years, the American Water Works Association has celebrated the first week of May as Drinking Water Week. This weeklong observance is to promote public awareness in drinking water issues. It also provides support for the community's involvement and action in safeguarding and conserving this vital resource. PROGRAM IMPACT: Promote City of Boynton Beach drinking water, conservation, our people and facilities that contribute to our community health and well being. FISCAL IMPACT: None ~r~~~ ~ ~ALTERNATIVES: Not to declare this proclamation. ~~~}~'~ Department ~t'e C~qjelV[~anager's Signature Department Name City Attorney / Finance / Human Resources S:XBULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC WHEREAS, our health, safety, way of life and prosperity depend upon an abundant water supply of the highest quality with an educated view toward use; and WHEREAS, due to population growth and environmental concerns, the responsibility for meeting water needs depends upon each citizen's public support and involvement in the proper use of existing drinking water resources; and WHEREAS, the American Water Works Association has scheduled a week of nationwide observance of our water needs and services; and WHEREAS, the City of Boynton Beach has considered the health, the environment, and the social impact in ensuring that facilities and systems provide citizens a safe, dependable quality of water both now and for the future needs; and WHEREAS, dedicated men and women in our Utilities Department have made significant contributions in developing, operating, and maintaining these systems. NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the week of May 2 through May 8, 2004 as "DRINKING WATER WEEK" and ask all citizens to join with the Boynton Beach City Commission in commending the dedicated men and women of our community water system for their tireless efforts to provide us with an adequate supply of quality water for our use, health, and well being. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Florida, to be affixed this 20th day of April, Two Thousand and Four. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:\CCAWPXCCAGENDAXProclamations\Year 2004kDrinking Water Week - 2004.doc 1;ZI~.-ANNOUNCEMENTS & PRESENTATIONS ~tem C.l.e CITY OF BOYNTON BE. 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 Meefine Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] ]uly 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 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: Proclaim the week of May 2 through May 8, 2004 as "Municipal Clerks Week." EXPLANATION: In 1969, the International Institute of Municipal Clerks (IIMC) initiated Municipal Clerks Week to recognize the important role of Municipal Clerks in local government. Clerks help to administer the laws and services that directly affect the daily lives of our citizens. They are dedicated professionals who play an instrumental role in maintaining the efficiency and effectiveness of the public sector. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: The alternative to this recommend~ issue this proclamation. Janet Prainito, CMC City Manager's Signature City Clerk's Office City Attorney / Finance / Human Resources S:\CCAWI~CCAGENDAXAgenda Request MemosXAgenda Item Request For - Municipal Clerks Week - 2004.dot S:~BULLETINX~ORMS~AGENDA ITEM REQUEST FORM.DOC WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government, exists throughout the world; and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of lhe Municipal Clerk provides the professional link between the citizens, the local governing bodies, and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community. WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops, and the annual meetings of their state, province, county, and international professional organizations. WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do recognize the week of May 2 through May 8, 2004 as "MUNICIPAL CLERKS WEEK" and further extend appreciation to our Municipal Clerk, Janet M. Prainito, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 20· day of April in the Year 2004. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) [[L-ANNOUNCEMENTS & PRESENTATIONS Item C. .f CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FOv va Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must b~ Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 Maxch 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 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: Present proclamation EXPLANATION: The American Cancer Society has requested a Proclamation recognizing its Relay For Life event, which will take place May 7-8, 2004, at Boynton Beach High School. This annual event helps raise funds to fight cancer through education, advocacy and patient services. PROGRAM IMPACT: Will help raise awareness of this event in the community. FISCAL IMPACT: None ALTERNATIVES: Not present Proclamation t57- D~partmen~ Hea~s Signature ~-: ':~ - ignature Public Affairs Department Name City Attorney / Finance / Human Resources S:kBULLETINWORMSL~kGENDA Y/EM REQUEST FORM.DOC Cancer is the leading cause of death in the United States. However, due to the efforts of the American Cancer Society almost 9,000,000 Americans are alive today. Since it was founded in 1946, the American Cancer Society has spent over $2.5 billion in pursuit of better methods to prevent, detect and treat cancer. Relay for Life, the 24-hour signature activity of the American Cancer society, is a unique community event that celebrates cancer survivors. It focuses attention on the fight against cancer through fundraising that supports research, prevention, detection, patient services, advocacy and volunteerism. On May 7-8, teams of 10-15 people will Walk, jog or run around the track at the Boynton Beach Community High School. Each team member will raise funds through donations that will help the American Cancer Society provide Hope for the future, Progress toward a cure, and Answers to cancer questions and concerns. Relay for Life is the ultimate community event. From the opening lap, led by cancer survivors, to the emotional candle-lighting ceremony and the triumphant final lap, Relay for Life is an experience that participants will always remember. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 7-8, 2004, as: Relay for Life Days and urge all citizens to support this friendly competition of community teams by contributing time and funding that will assist the fight to defeat this disease, now and for all times. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 20th day of April in the Year 2004. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:\CC~WP\CCAGENDA~r'roclamafions\Year 2004LRelay for Life Proclamation - 20tM.doc D't'.-ANNOUNCEMENTS & PRESENTATZONS Ttem C.l.g. 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 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: Present Proclamation EXPLANATION: Bethesda Hospital has requested a Proclamation to celebrate National Nurses Week, which this year is May 6-12. PROGRAM IMPACT: Presentation of this Proclamation will call the attention of the community to the contributions made by nurses to the quality of life in the City. FISCAL IMPACT: None ALTERNATIVES: Not present Proclamation Dep"aI'tme~ead's Signature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC Nearly 2.7 million registered nurses in the United States comprise our nation's largest health care profession. These dedicated women and men meet the different and emerging health care needs of the American population in a wide range of settings. Professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients. In Boynton Beach, the nurses of Bethesda Memorial Hospital are committed to the promotion of health, the prevention of disease and the delivery of quality nursing care. While a renewed emphasis on primary and preventive health care has required the better utilization of all of our nation's registered nursing resoumes, Bethesda women and men in nursing have been expanding their professional health care roles by continually striving to upgrade standards of care and improve services through practice, education and research. The demand for registered nursing services is greater than ever because of the aging of the American population, the continuing expansion of life-sustaining technology and the explosive growth of home health care services. This means that more qualified registered nurses are needed to meet the increasingly complex needs of health care consumers in this community. Boynton Beach is indeed fortunate to have dedicated nurses utilizing their knowledge, skills, energy and compassion to improve the quality and accessibility of health care services for our residents. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 6-12, 2004, as: Nurses' Week In recognition of the contributions of the nurses at Bethesda Memorial Hospital to the health care of our residents. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 20th day of April, Two Thousand and four. Jerry Taylor, Mayor City of Boynton Beach A'I-I'EST: CityClerk (Corporate Seal) S:\CCSWPXCCAGENDA~Proclamations\Yeax 2004~lurses Week - 2004.doc ZZZ.-ANNOUNCEMENTS & PRESENTATIONS CITY OF BOYNTON BEA£ xtem C.2 AGENDA ITEM REQUEST F(__ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 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: Accept presentation by Craig Steinberg, International Inflatable Products and Games Association State Representative, thanking Debbie Majors for dedication to the overall safety standards for inflatable rental companies doing business in the City of Boynton Beach. EXPLANATION: On behalf of the IIPGA (International Inflatable Products and Games Association), and Craig Steinberg, the Florida Inflatable State Representative, Debbie Majors has been awarded the first Inflatable State Representative's Award for public service in the City of Boynton Beach. PROGRAM IMPACT: Debbie took proactive measures to coordinate efforts between Risk Management, Occupational Licenses and the Recreation and Parks Department in requiring inflatable rental companies to meet minimum requirements and guidelines in the areas of advancing the safety and well being of the city's residents. The results can be modeled by and serve as an example for other local and state entities to follow. FISCAL IMPACT: N/A ALTERNATIVES: Schedule Mr. Steinberg's presentation for another date. ~ ~Department Head's Signature ~ City Manager's Signature Recreation and Parks Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC VI.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM B.1. AGENDA ITEM REQUEST F, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) ~ April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve the ranking of firms by the Evaluation Committee for the "DEVELOPMENT OF A STRATEGIC PLAN AND UPDATING THE RECREATION AND OPEN SPACE ELEMENT OF THE CITY OF BOYNTON BEACH'S COMPREHENSIVE PLAN", RFQ#025-2710-04/CJD; and, to authorize the Recreation and Parks Department to conduct negotiations for compensation for services. EXPLANATION: On January 28, 2004 Procurement Services opened and tabulated seven (7) submittals for the "Development of a Strategic Plan and Updating the Recreation and Open Space Element of the City of Boynton Beach's Comprehensive Plan", RFQ #025-2710-04/CJD. An Evaluation Committee was formed to review, rate, and score proposals. The Evaluation Committee members are: Wilfred Hawkins, Assistant City Manager; Waily Majors, Director of Recreation and Parks; John Wildner, Deputy Director of Recreation and Parks; Virginia Shea, Senior Recreation Manager; Barbara Meacham, Parks Landscape Planner; Dick Hudson, Senior Planner; and Hanna Matras, Planner. The Evaluation Committee met in public session on February 18, 2004 to discuss and rank the proposals. The ranking of the firms by the Evaluation COmmittee are as follows: 1. Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. 2. Wade-Trim, Inc. 3. Bucher, Willis & Ratliff Corporation 4. Nova Southeastern University 5. Greenplay, LLC 6. Thomas Group, Inc. 7. The RMPK Group, Inc. The toP two firms were invited to give a presentation to the Evaluation Committee. The presentations were provided on March 2, 2004 in a public session. After considering the presentations it was the consensus of the Evaluation Committee that Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. was the top ranked firm. As it relates to the City's Comprehensive Plan, the Recreation & Open Space Element was originally written in 1986- 87, and adopted in 1989. Our last update was adopted in 2000. A formal revision is due to the Departn~nt of Community Affairs by November 2005. S:~BULLETIN~ORMS'~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Desired outcomes include the development of a Strategic Plan for the Department. This will include the development and/or affirmation of long-range strategies for our programs, services, parks, resources and organizational structure. The scope of work includes: · Analysis of Existing Conditions · Development of a Long Range Vision for the Department · Development of an Implementation Strategy · Codification of the vision and implementation strategy in the Recreation & Open Space Element Timeline: Part I Analysis of existing conditions 1 month Part II Development of a Long Range Vision 2 months Part III Implementation Strategy 1 month Part IV Comprehensive Plan Element 1-2 months TOTAL PROJECT TIMELINE 6 MONTHS PROGRAM IMPACT: The RFQ was issued to secure the services of a qualified consultant firm to assist the City in evaluating the organizational structure of the Recreation and Parks Department, and provide the Community with a long-term strategy for further expansion and enhancement of recreation programming, operations, and facilities. FISCAL IMPACT: At this time there is no fiscal impact in approving the ranking of the firms. Approving the recommended ranking of firms only provides staff approval to move forward with the next step in the selection process. That is, entering into negotiations for the costs of consultant services to be performed. Negotiations will be conducted with the top ranked firm, and upon completion will be presented to Commission for approval. ALTERNATIVES: The Evaluation Committee has made a best effort in identifying to City Commission the top firm for providing the consultant services, however, the City Commission does not need to take the recommendation of the Evaluation Committee. The City Commission has the option of modifying the ranking of the firms, conducting interviews of firms and making a selection, or reject the Request for Qualifi,c~tion~.,(RFQ). Deputy Director of Financial Services C~'ty Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources cc: Wally Majors - Director of Recreation and Parks File S:~BULLETINWORMSL~.GENDA ITEM REQUEST FORM.DOC RECEIVED RECREATION & PARKS DEPARTMENT ~ ' 1 MEMORANDUM NO. 04-42 ~,~ i 2 2004 TO: City Commission C[TY M^flA6£ 'S Kurt Bressner, City Manager VIA: Wilfred Hawkins, Assistant City Manager FROM: Wally Majors, Recreation & Parks Director DATE: April 12, 2004 SUBJECT: Supplemental Report Regarding Selection of Firm to develop a Strategic Plan and Updating of the Recreation & Open Space Element of the City's Comprehensive Plan (CONSENT AGENDA - ITEM B.1) Proposals submitted for this project were reviewed and scored based on the following criterion: · Demonstrated experience · Qualification of firm/personnel · Overall quality · Project approach · Past Record · Adequate staffing/Ability to meet deadlines The Evaluation Committee met in public session on February 18, 2004 to discuss and rank the proposals. Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. (Gladding-Jackson) received the highest score (659), followed by Wade-Trim, Inc. (652). Since the scores were very close, the two firms were invited to give an oral presentation to the Evaluation Committee. The committe requested that each firm provide the following as part of their presentation: · Schedule of activities including timelines that lead up to the completion of this project. · The experience of the team's project manager as it relates formulating a Strategic Plan. This includes dates and scope of previous projects. · The project manager and any sub-consultant(s) must attend the presentation. · Elaborate on the development phase process, program implementation, and how City staff will be involved. The presentations were held on March 2, 2004 in a public session. The Evaluation Committee met immediately following the presentations. It was the consensus Of the committee that the oral presentations echoed the observations and scoring of the original rankings. Specifically, the committee felt that both firms were capable and qualified to conduct this project. Two significant factors favored Gladding-Jackson. 1) Wade-Trim's project manager was not able to attend the presentation. 2) Both firms have extensive experience with similar projects. For Glatting-Jackson's, unlike Wade-Trim, this experience includes similar projects within Palm Beach County. These projects include: City of Delray Beach Parks & Recreation System Master Plan City of Palm Beach Gardens Parks & Recreation Master Plan City of West Palm Beach Recreation Strategic Plan The committee believes that experience with similar projects within Palm Beach County provides Gladding-Jackson an advantage in terms of being more familiar with local issues and relevant factors that affect the Recreation & Parks Department. RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 04-34 RECEIVED TO: Bill Atkins, Deputy Director of Financial Services / MAR 2 2 2QQq FROM: Wally Majors, Recreation & Parks Director .... · -- DATE: March 8, 2004 SUBJECT: RFQ#025-2710-04/CJD The following Evaluation Committee was created to review, rate and score proposals received as part of the RFQ#025-2710-04/CJD (Development of a Strategic Plan and Updating the Recreation and Open Space Element of the City Of Boynton Beach's Comprehensive Plan): John Wildner, Deputy Recreation & Parks Director; Virginia Shea, Senior Recreation Manager; Barbara Meacham, Parks & Landscape Planner; Wilfred Hawkins, Assistant City Manager; Dick Hudson, Senior Planner; Hanna Matras, Planner; and Wally Majors, Recreation & Parks Director. A public evaluation was conducted on February 18, 2004 by the committee. The seven proposals that were submitted as part of the RFQ were reviewed, rated and scored (see attached). The top two firms, Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., and Wade-Trim were invited to prepare a presentation for the committee and the public, which was done March 2, 2004. The two firms were ranked in this order: 1. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 2. Wade-Trim Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. has performed in a satisfactory manner on many projects of similar nature. The Evaluation Committee considers Gladding Jackson Kercher Anglin Lopez Rinehart, Inc. competent and well qualified to perform this project. The Recreation & Open Space Element of the City's Comprehensive Plan was originally written in 1986-87, and adopted by the City Commission in 1989. The last update was adopted in 2000. A formal revision is due to the Department of Community Affairs by November 2005. The desired outcomes of this project will include the development of a Strategic Plan for the Department. This will involve the development and/or affirmation of long-range strategies for our programs, services, parks, resources and organizational structure. The scope of work includes: · Analysis of Existing Conditions · Development of a Long Range Vision for the Department · Development of an Implementation Strategy Page 1 of 2 · Codification of the vision and implementation strategy in the Recreation & Open Space Element Timeline: Part I Analysis of existing conditions 1 month Part II Development of a Long Range Vision 2 months Part III Implementation Strategy 1 month Part IV Comprehensive Plan Element 1-2 months TOTAL PROJECT TIMELINE 6 MONTHS Funds in the amount of $60,000 are available for the Updating of the Strategic Plan and Updating the Recreation and Open Space Element of the City's Comprehensive Plan in account number 172-2712-572-49-17 (Other Contractual Services). Please prepare an Agenda Item Request Form for the April 6, 2004 City Commission meeting to request approval to begin contract negotiations. /VvTB xc: Wilfred Hawkins (w/o attachments) Page 2 of 2 Development of Strategic Plan and Updating of the Recreation & Open Space Element of the City's Comprehensive Plan SCORE TABULATION Name of Firm Name of Rater WM DH HM WH BM VS JW 'TOTAL Glatting, Jackson 100 100 97 90 93 83 96 659 Wade-Trim 100 97 88 94 92 88 93 652 BWR 95 74 60 92 82 '81 88 572 Nova 30 31 47 71 50 55 50 334 Greenplay 75 83 62 72 66 67 63 488 Thomas Group 38 21 32 53 47 25 38 254 RMPK 82 70 60 81 62 66 63 484 RATERS: WM - Wally Majors DH - Dick Hudson HM - Hanna Matras WH- Wilfred Hawkins BM - Barbara Meacham VS - Virginia Shea JW - John Wildner VI.-CONSENT AGENDA CITY OF BOYNTON BEA, ITEM B.2. AGENDA ITEM REQUEST ..... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)Q [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) ~ [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] MaylS, 2004 May 3, 200q (Noon) [] July20,2004 July 5, 2004 (Noon) ..~ [] Administrative [] Legal O ~c'~ 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 multi-award Bid#030-1412-04/CJD "ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING" on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an annual expenditure of $80,000.00. CONTRACT PERIOD: APRIL 21, 2004 TO APRIL 20, 2005 EXPLANATION: On February 18, 2004, Procurement Services received and opened eight (8) proposals for the above mentioned bid. It is recommended to award this bid to multi vendors as overall "Low Bidders". The evaluating factors used in determining the award were based on: price and delivery time. Dominic DeMauro, Warehouse Manager, concurs with this recommendation (per memo attached). The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid was to seek proposals for the purchase of apparel/embroidery/silk screening from a source of supply that will give prompt and convenient shipping and service for the various departments within the City. FISCAL IMPACT: INVENTORY ACCOUNT: ESTIMATED EXPENDITURE: 502-000-141-000-00 $80~~~.~ Deputy Director of Financial Services -- - ~'~ity Manager's ~ignamre Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLET1N~ORIvlS~AGENDA ITEM REQUEST FORM.DOC C: Dominic DeMauro - Warehouse Manager File MEMORANDUM TO: Bill Atkins DATE: March 23, 2004 Deputy Director of Financial Services FROM: Dominic DeMaur~ SUBJECT: Embroidery/Silk Warehouse Manager )/ ~ Screening I have reviewed the Tabulation Sheets and proposals from your office. I used the following factors in determining this award. A) Price and B) Delivery Time. I recommend a multi-award to the lowest most responsive, responsible bidder who has met all specifications as noted on the Tabulation Sheet. Please schedule for the April 20, 2004 Commission meeting. The Inventory Account# is: 502- 000-141-000-00 with an estimated expenditure of: $80,000.00. Thank you. C: File Bi~ Atkins, Deputy Director of Financial Dominic De uro Warehouse Manager Services UNIFORM EMBROIDERY COMPARISON SHEET SEC~ 1 ITEM · 1 SIZES $15.25 ITEM · 2~ POL~E ~RDt~ SW~TER $16.50 $18.~ $23.39 INO BID-- $14.50 $14.59 17EM ~ 3 SEE ~EE rSEE POLICE WHITE ~INIS~71ON SIZES SI~S ~S G~ SHiR~ $17.50 $16.~ $26.~ $21.~ $13.75 $13.61 ~8.29 $23.~ $14.25 IT~ · 4 S~ES SI~S S~S P~tCE CRIME SCENE G~F SH~T $16.75Z $15.~ Z '$~.~ $~9.20 S13.75ef3.6f POL~E D~EC~D PA~ GO~ SHIRT $16.75~ $15.~ ~ $~.~ $19.20 $13.75 '$13.61 ~ ~ S24.~ S21.20 $14.25 ~ - CO~ ENFORCEME~ ~'s ~ite ~ ~e~ $16.25 $16.~ $19.25 $18.50 $14.~ $15.91 SU~R~SOR SH~TS ITEM · 8 I I S~S Sl~S S~ES ~ SUPER~SOR ~LO SH~TS~ $16.49 $14.98 $12.50 SUPE~SOR ~O SHIRTS ~ ~ ~17.~ ~16.80 $12 ~ =IRE DEP~TME~ - ~t C~ ~.00 ~ $5.25~ $7.~ ~.85 ~.78 TEM · 10 ~ ITEM' 12 Z Z F~L ~IM HAT- GRmU W/LmO $12.~ ~ ~*~ ~ $9.~ $7.~ I~ BIO $7.20 S~S S~ES ,ITEM 19 sm~ ~s ~AT T~RT ITEM · ~ S~S~ S~ P~ICE DEPT T-SHIRT SS ~ BLUE $5.25~ ~,~ ~ ~.~ ~.75 ~.~ ~.~ ~ ~ $5.79 $9.75 ~.~ ITEM. 23 ffi ffi SI~S ~ / ' FIRE DEP~TMENT GYM SHORTS ~.75 $7.~ $6." ~ BID NO BID ~ BID SECTION ITEM ~ 24 ~ SIZES ITEM ~ 25 ~ S~ES F~ ~T. ~ECTOR P~O SH~TS ~ A~w$16.~ ~.~ $31.~ ~.20NO BID $13.12 C~ND~ DAYS FOR DE~RY 10 21 ~ ~ 21-30 m ~ ~ ~ > z mm m o a z ~ z m 0 o ~m o m o 0 Z = o~ m ~ m ~ m o o o o o o ~8~. o~ _..-o:,. --., ~ -, .-o z o,uo z m o ~00 Z - - o' 03 0 :~ < o0 ~- < oo ~.-< co '-r ,'"''4 ;20 0 '"0 '0 ~<,,, =0 ~: -- ~'r¢ o -' 0 0 ' · "o § § "o '"o m _..,6)¢ o ~°~o ~ ¥_40 Z -,o go o._,.~-o -n ~> ('3 .~ .~ .~ ~ o .- I-- ~ ~m ~ m ~ Z Z · -< ~*~'o o0 z o e~,~ o 0 0 ~. ~§ o m ~ --, × o_., ~ ~ > _ -. -- ~ '~ g ,~ ~ ~ g.~ ~ ~o~ 0 o ~,,o,. ~= ~;. m ~ v .,..~ -I'1 ?~ o ~o .< ~a'~ -'~ m ~ ~ ~ , ~ o _ -- "~ ~'~'~ z 0 0 ~D 0 ~:D o o o o o o~ ~o ~,,~. .... ~ o ~00 Z rn~ ~ m .-, ~ o'0'0 --I --I ~ 3 3 _ "~ .-I zO m ~ :]: '~ '~ -~ ~ ~ c -- -t T ;~3 m -- t- o > -~ r- r- 0~ -- ~m :o < ~ .~ ~ c c r- m z H '-< o') o 0 m m c '13;0 ITl r- co ' m z z ~ ~.,~ o ~m o -fl 0 0 .... ' O' 0 ~1 - C co : o§ 0 - rrl ~ ITl ~ ° ~' 0 ~o~o~ m ~ ~ ~ ~ O mm ~' ~' ~ ~ ~ g ITl O) .,~ 0 C7m + -~- .z ~, ~ ~_~: > I i~ b~ i,o o b b o co ~ r- ~ 3;: o-- cn o c. o o o o __..~ _o:.<~o ~ <~ 5'<0, ~<~ -,-,~ ::0 o-o-o c:: 0 o°0 rn ~--I0 03 -,o o°o o ~'$ z · m-o T~om CO Z ° · o~> o 0 coooo,-, .-o --I ~o ~o z o~ r- °c~ m o3c3 ~ o- :1:1: :1:1: -' f'nT. · o ="" 8 0 e "":='$ ~ ~' ~' 0 ~-5' ~o rn × o-o ~_~ ~'~ z (,D, (.0 -'--0 0~00 0 O,~D Z n~ '< Z _-.-o_-..-~ -, -o-, -o ,- = ~ z - - 1:3' (,/) C) ~,'o ~o ~:~ o.::o , ;:o _::o~ ZZ m ~ ;o ;o ~ o ~ .. m ~m ~ o · ~ Z b~ ~ ~ ~Po o -- ob~ ot~ ob~ oin o o o o o~=~ 0 0 c m -' rn ~g g rn ~,__.~ Z g §'~ Z · ~rn m ~rn -qm ~ m m m~ r-~ m~ r- r-~ r-~ r- .<~ ~ ~ z OE~E~ Z ~ ~ ~ ~ m~ o~00 Z -I --I --I ~, ~ '"r -r --I zO z c c ~- O0 Z 0> o o m m c '0~0 rn c --r m z z xo .~- o '"o z z z 0 .... '"~. .~, Co ,,q ~' (/> Z 00~ 00~ OhO o o o o ~ o~ 0 - C 0 8~ rn E. o ~~) ~ . o= ~' 0 i ~' ~ m ~§ g ITl ~ ~ o Z _~'~ z VI.-CONSENT AGENDA ITEM B.3. CITY OF BOYNTON BEA, AGENDA ITEM REQUEST Ft Klv Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation 2:1:: '<c:~ [] Consent Agenda [] Public Hearing ~ [] Code compliance/Legal Settlements [] Unfinished Business crt 2_< RECOMMENDATION: Motion to award the RFP for the "ANNUAL JULY 4TM FIREWORKS DISPLAY' .~. RFP # 039-2710-04/JA to "MELROSE SOUTH PYROTECHNICS, INC. of South Carolina in the amount at._ $31,000.00 to include the barge. EXPLANATION: On March 22, 2004, the Procurement Services received and opened four (4) proposals for the above mentioned RFP. It is recommended to award this RFP to "MELROSE SOUTH PYROTECHNICS, INC. of South Carolina. They were the lowest, most responsible, responsive bidder who met all of the specifications. It has been evaluated by Teresa Zabik, Special Events Supervisor, who concurs with this recommendation. PROGRAM IMPACT: The purpose of this RFP was to seek a qualified operator to furnish fireworks display on July 4, 2004 at the Intracoastal Park as a Special Event of the City. Account Description: Account Number: Budeet: Special Events 001-1213-519-48-24 $35,000.00 (Project Number #SE 0405) Deputy Director of Financial Services City Manager's Signature Procurement Services c~Oa, aa~ Department Name City Attorney / Finance / Human Resources S:kBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC 2 3 RESOLUTION NO. R04- 4 5 A RESOLUTION OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, APPROVING THE AWARD OF 7 RFP #039-2710~04/JA TO MELROSE SOUTH 8 PYROTECHNICS, INC., FOR THE ANNUAL JULY 9 4TM FIREWORKS DISPLAY; AND PROVIDING AN 10 EFFECTIVE DATE. 12 WHEREAS, on March 22, 2004, Procurement Services opened four (4) 13 proposals for annual July 4th fireworks display; and 14 WHEREAS, each proposal was reviewed, and based on that review Melrose 15 South Pyrotechnics, Inc., was the lowest, most responsive bidder who met all of the 16 specifications; and 17 WHEREAS, upon recommendation of staff, the City Commission of the City 18 of Boynton Beach does hereby approve the award of RFP No. 039-2710-04/JA to 19 Melrose South Pyrotechnics, Inc., for the Annual July 4th Fireworks Display. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 21 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The City Commission of the City of Boynton Beach, Florida, 23 hereby approves the award of RFP No. 039-2710-04/JA to Melrose South 24 Pyrotechnics, Inc., for the Annual July 4th Fireworks Display. 25 Section 2. That this Resolution .shall become effective immediately. 26 S:\CA\RESO'~Agreements\Bid Awards'va, ward of RFP - Fireworks Display.doc PASSED AND ADOPTED this __ day of April, 2004. 2 3 CITY OF BOYNTON BEACH, 4 FLORIDA § 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 22 23 City Clerk 24 25 (Corporate Seal) 26 27 28 29 S:\CA\RESO~,Agreements\Bid Awards~,Award of RFP - Fireworks Display.doc DEPARTMENT OF PUBLIC AFFAIRS - SPECIAL EVENTS MEMORANDUM To: Bill Atkins, Deputy Director of Finance From: Teresa Zabik, Events Coordinat~ Subject: Recommendation for award of RFP #039-2710-04/JA Date: March 23, 2004 After reviewing the four (4) proposals and references submitted for Bid #039-2710- 04/JA, "THE ANNUAL JULY 4TM FIREWORKS DISPLAY", it has been determined that the lowest, most responsible, responsive bidder is "Melrose South Pyrotechnics Inc, of South Carolina at $31,000.00 to include barge. Their references have checked out in a positive manner. The account number for this is #001 - 1213-519-48-24 Special Events Project SE 0405. Please process for the April 20, 2004 commission agenda. My recommendation is based on the fact that in their proposal they will mix the larger shells with small ones giving a more effective presentation. Cc: Wayne Segal, Public Affairs Director The City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6320 FAX: (561) 742-6306 March 23, 2004 Sent via fax: (800) 775-7976 Melrose South Pyrotechnics, Inc. 4652 Catawba River Road Catawba, SC 29704 Attn: Scott Fulton RE: "ANNUAL JULY 4TM FIREWORKS DISPLAY" BID #039-2710-04/JA Dear Mr. Fulton: The referenced bid was opened on March 22, 2004. After review by our Special Events Staff your company is being recommended to our City Commission to receive this bid award in the amount of $ 31,000.00 including barge. Please have this letter serve as a Letter of Intent in order to provide adequate notification for your company to obtain the necessary permits for the fireworks display. This recommended bid award will be presented to our City Commission at the April 20, 2004 meeting. The actual bid award is contingent upon Commission approval. If for any reason the Commission decides not to accept the recommended award, the City will accept liability for the associated costs of the permits obtained for this fireworks display. If there are any questions please contact me at (561) 742-6321. Sincerely, Bill M. Atkins, Purchasing Agent City of Boynton Beach, FL cc: Teresa Zabik - Special Events Coordinator co ~ c- -r ~ c~0 > o o o m eom '~ ~ ~ - ~ ~ > z z -0 ~-0 ~., ~m m o ~o ~ ~ ~ o _~>~ >~ ~ o o o ~oo~ ~~~x ' ~ ~ m ~ ~ o~m ~ m~ ~ 0 0 ~ 0 ~0 m m o ~ ~ 6 0 > 0 m m ~~ , ~ ~ 0 -- ~ 0 m~ ~ m m~ - m ~ z z ~ o ~ o z ~ m c o o, · 0 H > ~ ~ ~ m m C ~ ~ ~ c 0 ~> m m' o m ~~ ~ ~ ~ C C ~ ~ ~ ~ Z Z > ~ ~ ~ ~ m ~ z ~ - z o ~ .... ~ -- c c ~ - z ~ .... z ~ z ~ o ~ ~ ~ ~ o ~ ~ ~ ~ m m z m m m m o m m m 0 ~ m > ~0 o ' Z Z~ ~ ~ Z ~ ....~ ~ m z m m m m ~ m mz~ ~ ~ ~ 0 ~ ~ . o ~ m~ ~ ~ ~ ~ ~ g >o -~.~ Z~ ~ . z z: z: z z < ~ ~w 0 0 0 ~ m 0 m · ~ ~ ~' ~m~ ~ ~ 0 ~ ~ ~ ~ ~8~ ~ o ~ ~~> m m m > m m m ~ ~ ~ Z O ~ z m 'TI '-n ~ -~ z -0-0 - - -~ o :~00 Z o3 ~o -0 "0 - o~ ?:)ZZ cf) m -- o :~m 'm ?.-I~ m 0 m g ~ 0 z _q m o m m ~ ~ .-i om zo mO ~-~- om E~-'1 --r m -~,~ ~13 m~ - · ~m~ ~ ZO ~ m o~ ~' ~>~od= ~ ~ o m -11 '-< ~' -o8 o B 3 m ~z-~~<'" ~ -~ ~, ZomZ mzzO .... z ~_~m-O~ ~ ~ ~ < o m ~0> mz o~ ~ ~ ~ ~ z> o~ c~ c~ - X~l _. ~ _-. mo z m,~ ~ Z0 -- ~. ~ m ~ m ~ ~ ~ ~ ~ ~ m Z ~ --I Po-~ ' ~ ~' = m oi ~ ~ ~ e o o ~ ~ o z~ ~=. > ~ m 0 0 " ~~ z ~ ~ ~m ~ ~ o m ~ ~ m~~c- ~ Z ~ z z "0-13-0 m -0~ ~ 0 ~z~ ~o ~gg z> (:2 ~Z _.~ m::0o -n ..< m 0 "~ rn ~ ~-r z .< ;0 IT1 z o~ m ~ z ~mz ~>~~ om _~ zOg~O mO m ~Zo~ z ~ ~ o~~ m rn · ~ o z z ~;~ '"0 m o o z o :3> '- 3> =~>~ -< ~ o = 8 '< ~ ~ < _--. ~ ~ o PROPOSER ACKNOWLEDGEMENT Submit Proposals To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City): February 18, 2004 RFP Title: "ANNUAL JULY 4T~ FIREWORKS DISPLAY" RFP Number: 039-2710-04/JA RFP Received By: March 16, 2004, NO LATER THAN 2:30 P.M. (LOCAL TIME) RFP's will be opened in Procurement Services tmless specified otherwise. RFP receiving date and time is scheduled for March 16, 2004, 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 RFP shall conform to applicable sections of the charter and codes of the City. Name of Vendor: 14elrose South Pyrotechnics, Inc. Federal I.D. Number: 57-0986890 A Corporation of the State of: South Carolina Area Code: 800 Telephone Number: 771-7976 Area Code: 80O FAX Number: 775-7976 Mailing Address: 4652 Cataxqba River Road City/State/Zip: Catawba, SC 29706 Vendor Mailing Date: N_arch 18, 2004 Authorized Signature Scott Fulton Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 16 CITY OF BOYNTON BEACH PROPOSAL FOR JULY 4m FIREWORKS DISPLAY To All Proposals: Date Rarch 16, 2006 The undersigned declares that he has carefully examined the specifications and is thorougldy familiar with its provisions and with the quality, type and grade of service called for. The undersigned proposes to deliver the product/service in accordance with the specifications for: OPENING SEGMENT: Shell Size Quantity Describe Basic Effects Presented Amount of Time 1½" /~05 Red, White & Blue lqtnes Fan .tired 30 sei~Ond8 3" 60 Red, White & Blue Cometd, Salutes 5" 9 Red & Blue Dahlias, Silver Strobes 8" I bid Kamuro v/ Tail Total: 30 seconds MAIN BODY SEGMENT: Shell Size Quantity Describe Basic Effects Presented Amount of Time 3" 350 See Attached Proposal Sheets 6" 300 " " " " 5" 100 " " " " 6" 80 " " " " '8" 10 " " " " Total: 18 attnutes Rev. 05/30/03 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL 17 PROPOSAL continued... GRAND FINALE SEGMENT: Shell Size Quantity Describe Basic Effects Presented Amount of Time 3" 400 See Attached I~oposal Sheets 5" 35 " " " " 6" 18 " " " " 8" 4 " " " ~Iotal: t atin 30 sec List of Music (songs) submitted? x Yes No VHS Video or Pictures submitted? x Yes No Number of proposals submitted: 1 Four (4) copies of proposal submitted: Yes YES/NO Statement of Proposer's Qualifications Yes submitted: YES/NO ~ l~elrose South Pyrotechnt cs, Inc. COMPANY NAME SIGNATURE Scott Fulton PRINTED NAME ( 800 ). 771-7976 Event Producer TELEPHONE NUMBER TITLE THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL 18 CATAWBA. SC ~9704 WW~/. MELROSEPYRO.CO M March 18, 2004 0 ~ City of Boynton Beach 100 East Boynton Beach ~!, Boynton Beach, FL :i To Whom ~ Thank you for your to present a proposal Enclosed, please find 4th Fireworks Display, This meets all regulations prepared ;oast Miami, marine The proposal RFP, as additional fication on our Than~ou again for we await decision. Eve~roduceim~ ~ DATE' Mm-dl 17, 2004 RFP TiTlE: A~AL FjLY 4TM 17]1~OR~$ DISPLAY RFP NUMBIH~ ~03~271~/YA IT ~ C~ TO OCR A~~ T~T ~ ~ DAT~ ~ .P~TS ~ BY ~ OP~S ON MARC~ 2~ ~, AT ~30 P.M. ~ ~ ~ C~ ~T TO RE~W ~ MAKE A ~ AWA~ ON ~ MO~G OF MARCH ~, ~ A ~R OF Nelrose South ~otec~es, Inc. 3/17/04 ,u; rm:unv~9.¢om In(: ],2~UU 03/1§/04 PG of Boynton Beach {m.~y.~m ~ha.~, l:hni~- 3~5-~ t o T~ ~0 DATE: M~h { 2, 2~4 K~ T~ ~AL ~Y 4TM ~O~ D~P~Y the BM f~ ~ "~AL ~LV 4TM FIREWORKS DISPLAY. R~ua in ~e ~ ofd~y ~ from ~v~ C~e (25) m~ t(, ~en~ (20) Helrose South Pyrotechnics, Thc. [ Scott Fultg,n 31161o4 Bill Atkias ~ Director of Financial Scrvicc$ cc: Tcw.~ Zab~ - Special EvmtLs Coordin~.or File 2004 Patriotic Fi e~ · The City of Boynton Beach :?~i,~ July 4th Fireworks Display .i~}. Proposal Synopsis :' .... The proposal Melrose Beach is for a computer choreo ~ production options section of this all necessary materials, barge and no deductible to the city, expert our own POWERBALLTM The display will be :ed in ~ digital recording CD review. All custom necessary production time. and computer the computer script, { plastic caps to protect A video the ~ abilit3 type of As a matter of 300'. I have also our "low level" out products I of equal valu~ 055) y', (98) 4';dl 5", i STATEMENT OF PROPOSER'S QUALIFICATIONS Each Proposer proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the proposal. * attach additional sheets giving the information 1. Name of Proposer: Helrose South Pyrotechnics, Inc. 2. Business Address: PO Box 209 4652 Catawba River Road Catawba, SC 29704 3. When Organized: November 1993 4. Where Incorporated: South Carolina 5. How many years have you been engaged in business under the present firm name? 11 Years 6. General character of work performed by your company. Fireworks Display Company 7. Enclose evidence of possession of required licenses and/or business permits. g. Number of employees. 12 9. Background and experience of principal members of your personnel, including officers. * 10. Bonding capacity, lt/A 1 1. Have you ever defaulted on a contract? If so, where and why?* 1~o 12. Experience in performance of work similar in importance to this project. Rev. 05/30/03 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL 19 .~'~°~°~o ,~m~,;~,. DEPARTMENT OF THE TREASURY- BUREAU OF ALCOHOL, TOBACCO AND FIREARMS '/'~:~"~l~i' LICENSE/PERMIT (18 U.S.C. CHAPTER 40, EXPLOSIVES) l~lll In accordance with the provisions Of Title Xl, Organized Crime Control Act of 1970, and the regulations issued thereunder (27 ~~' CFR Pad 55), you may engage in the activi~ specified in this license/permit within the limitations of Chapter 40, Title 18, United ~ States Code and the regulations issued thereunder, until the expiration date shown. See "WARNING" and "NOTICES" on back. CH ................ ,.~?:';.:??";;;'":??:. ;:?~?"' :??{:??~:;:::::~:::?~:;:~:~;~:{:~:?~:;:;:{:~:~:;:~:::::- =============================================================================================================================== 46~2:!~AWBA RIVER RD MELROSE SO.~?~B~BO~ECHNICS.I. NC::;;~:;~::~::::; PURC~StNG CE~;'~~¢~¢~?~:~¢~([~ ...... -~¢::~?~;~;;~i~8~E~?~ERMIWEE ~AILING ADDRESS- ROTECHNICS INC The licensee/perigee n~ed herein shall u~'~:~;~8~i~k.;~i license/permit to as~st a transferor of exptosive~'¥~:~;~'~:;~¢e~?:~;;:.:. :.:;;~¢~;?~¢~.:.::;::~:~;:?.:;:;:~;~ .... and status of the license¢~ittee as provided in '27:~:~::~;~¢?~;~?~::~?:~¢~;~;:~:~:;~:;:;:;:¢¢; ..... The signature on each reprodu~ion mu~ be an ORIGINAd'~¢~{6~??~?~:Y~¢~;~¢~:E:~{::.?~:~:;:;.;:;:~::~:~:F::': ..... ATF F 5~0.14/5400.15, Pa~ 1 (~sg) ~epartmen! ~f ~Iate I certify from the records of this office that MELROSE SOUTH PYROTECHNICS, INC. is a South Carolina corporation authorized to transact business in the State of Florida, qualified on June 28, 1994. The document number of this corporation is F94000003'409. I further certify that said corporation has paid all fees due this office through December 31, 2001, that its most recent annual report/uniform business report was filed on January 25, 2001, and its status is active. further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-seventh day of January, 2001 CR2E022 (~-99) ~lzc'retar~r Z3f~t~t~ 465~ CATAWBA RIVER ROAD, POST OFFICE BOX ~09 CATAWBA, SC 29704 T 803.789.5733 800.771.7976 :-'~ f 800.775.7976 ~.MELROSEPYRO.COM Name: Tom Thompson Title: Tom Thompson has been years, assisting with the Currently, Tom's in Carolina office. policies to maintain and the Alcohol, Tobacco displaying of 1.3G His responsibilities the research Tom has over in the execution MELROSE PYROTECHNICS, INC. 465;:' CATAWBA RIVER ROAD, POST OFFICE BOX 209 CATAWBA, SC 29704 ~! T 803.789.5733 800.77 1.7976 F 800.775.7976 WWW.M ELROSEPYRO.CO M Name: Scott Fulton Title: Event Producer Scott Fulton has been since November 1, 1993, Scott has last years. His primary general design, and coordination als, and local media. .c^~o e ,,.,,_,,,,,.,,, e o · ....... IILWAUKEL PROPOSERS QUALIFICAITONS CONTINUED... Project $ Value Contact Name Phone # *Not in&luding barge cost. Pensacola Sertomas 4th $45,000~00' Katherine l~/ilborn 850-476-0042 G%rinnett Glo~s $50,000.00 Debbie Ada~ 770-822-7101 Tallahassee' s Celebrate America $20,000.00 Billy Holder 850-510-9678 Ft. I/alton Beach $20~ 000.00' Helen Spencer 850-243-3141 7. Contracts on hand. * 8. Largest completed projects (include final cost). l) Taste of Chicago, July 3rd ~75,000.00' 2) W-XRT Sky Show, Chicago $75,000.00* 3) Families First, Tampa $73,000.00* 15. List all lawsuits (related to similar projects)or arbitrations to which you have been a party and which: * 1) arose from performance: * 2) occurred within the last 4 years: * 3) provide case number and style: * Dated at: 1:15pm this 16th day of March 20 04 (written signature) Name: Scott Fulton (printed or typed) Title: Event Prodcuer Rev. 05130/03 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL 20 Reft Large Seal Celebrate NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER State of South Carolina ) County of York ) Scott l~ulton , being first duly sworn, deposes and says that: 1) He is lgvent Producer ofl~elrose South Pyrotechnics, Inctheproposer (Title) (Name of Corporation or Firm) that has submitted the attached proposal: 2) He is fully infoimed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3) Said proposal is genuine and is not a collusive or sham proposal; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, firm or person to submit a collusive or sham proposal in connection with the Contract for which the attached proposal has been submitted or to refrain from proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, firm or person to fix the price or prices in the attached proposal or of any other proposer, or to fix any overhead, profit or cost element of the proposal price or the proposal price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (~,~ (Title). lgvent :'Producer Subscribed and sworn to before me This 16thc:day of liarch ,20 04 My Commission Expiros My commission expires IS PA-GE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 ANTI-KICKBACK AFFIDAVIT STATE OF ~ South Carolina ) :SS COUNTY OF ~ York ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein proposed will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my fu'm or by an officer of the corporation. NAME - SIGNATURE Sworn and subscribed before me this 16th day of ttarch ,20 04 Printed Information: Scott Fulton NAME Event Produner TITLE N~I~ARY PUBLIC, ~tate of ~ South Carolina at Large Helrose South Pyrotechnics, Inc. COMPANY "OFFICIAL NOTARY SEAL" STAMP MY Col/ttnission Expires ~l~teml~er 24, 2009 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your proposal sheet making it an official part of your RFP response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO x If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL' 24 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE PROPOSALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals 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 proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drag- free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drag abuse in the workplace, the business' 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 proposal 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 proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drag-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 25 Type 8" Shells This Proposal Worker' s VI.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM B.4. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19. 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] IVlay18, 2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) [] Administrative [] Legal ~or'° mc:> NATURE OF [] m ou.cement [] New Bus ess AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing .~. 'an [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to award the bid for: "PURCHASE OF ONE NEW AND UNUSED SOLID WASTE REFUSE COLLECTION UNIT", BID# 036-2510-04/JA to GREAT SOUTHERN PETERBILT, INC OF JACKSONVILLE, FLORIDA in the amount of $157,732.01 EXPLANATION: On March 10, 2004, Procurement Services received and opened seven (7) bids for the above- mentioned bid. Two (2) of the bids were non-responsive and not considered in the evaluation since the specifications were limited to a Heil Body, and these two (2) companies bid a chassis with Wayne Bodies. The lowest responsive bid was from Palm Peterbilt & GMC Trucks at $154,060.00 with a delivery date of 120-160 days, and the second lowest responsive bid was Great Southern Peterbilt, Inc., which was an alternate bid of $154,341.50, and delivery of 90-145 days. It is recommended by Public Works to award this bid to Great Southern Peterbilt, Inc. with the third lowest responsive bid of $157, 732.01. Great Southern Peterbilt, Inc.'s alternate bid #1 at $154,341.50 has a chassis with a Cummins ISM Engine, whereas, Great Southern Peterbilt, Inc.'s alternate bid #3 at $157,732.01 has a chassis with a C-10 Engine which is in stock thus shortening delivery time to as little as 45 days. Public Works feels the City will benefit by taking delivery within 45 days. It will speed up the process of replacing Unit #59 (1999 Volvo-Hell-Refuse Truck), and possibly provide a significant cost savings by avoiding the potential of experiencing a major breakdown while waiting for a longer projected delivery date. Robert H. Lee, Fleet Administration, concurs with this recommendation (per attached memo # 04-041) PROGRAM IMPACT: This vehicle purchase will replace Unit //59 and could possibly save the City a significant amount of money if we were to experience a major breakdown with the Unit #59 while waiting for a longer projected delivery time. FISCAL IMPACT: Funds have been allocated in the FY2003/2004 budget for this refuse vehicle. Account Description Account Number Bud,,et Vehicle Replacement 501-2516-519-64-33 $166,400.00 ALTERNATES: Reconsider the other bid proposals, or continue to use the current refuse collection unit. S:~BULLET1N'xFORMS~AGENDA ITEM REQUEST FORM.DOC cc: Robert Lee - Fleet Maintenance Hoyt Johnson - Finance File iO CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Deputy Director of Financial Services City Manager's Signature Procurement Services ~_t2g0.Z~ Department Name City Attorney / Finance / Human Resources cc: Robert Lee - Fleet Maintenance Hoyt Johnson- Finance File S:LBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC cc: Robert Lee - Fleet Maintenance Hoy~ Johnson - Finance File RECEIVED .... NAR 1'8 DEPARTMENT OF PUBLZC WORKS MEMORANDUM #04-041 PROCUREMEN~SE V~~?. To: Bill Atkins, Deputy Director of Finance Thru: 3effrey Livergood, P.E. Director of Public Work~l~ L-- Chris Roberts, Assistant Director of/~lic Works~~,~ Larry Quinn, Solid Waste Manager(,.~ From: Robert H. Lee, Fleet Administration(~-~(J Subject: Award Bid #056-25~0-04/.1A Date: March 16, 2004 After reviewing the tabulation sheets, the bid documents provided by each bid vendor, and speaking with the Department Director, Assistant Director and the Solid Waste Manager, Fleet would like to award bid #036-2510-04/3A to: Great Southern Peterbilt 5175 West Beaver St. Jacksonville, Florida 32254 This bid, alt #3 by Great Southern is not the Iow bid offered for this unit. We have selected alt bid #3 due, in part, to its availability for early delivery. The tabulation sheet states that this unit would be available in 90 - 145 days, but the bid vendor has noted that the chassis is currently at Heil Manufacturing waiting for the body installation and we could take delivery in as little as 45 days. We feel that by taking this bid offer, it would greatly speed up the process of replacing unit #59 and could possibly provide a significant cost savings to the City if we were to experience a major break down with unit #59 while waiting for a longer projected delivery date. Th~:; Iow qualifying bid of $154,060.00 from Palm Peterbilt & GMC Trucks of Fort Lauderdale, Florida (J~ers a delivery date of 120 - 160 days. The second Iow bid of $154,341.50 offered by Great Southern Peterbilt, alt bid #1, offers a delivery date of 90 - 145 days. This delivery date is noted on the tabulatiofl sheet that it is dependent upon receipt of the purchase order from the City of J Boynton Beach and Peterbilt Manufacturing changing production from its 2004 production year to the 2005 production year. Since it is the end of the production year, it is very possible that all of the bids could be affected by manufacturer cut off dates which could greatly affect delivery times. Also on the tabulation sheets, it is noted that there were two chassis bid with Wayne Bodies. These bids were not considered since the request was for a Heft Body only. The 2003 - 2004 budget has $166,400.00 available for this purchase in Fleet account #501-2516-519.64-33. By taking advantage of alt bid #3, at $157,732.01, the Fleet budget would experience a savings of $8,667.99. RHL:jam Attachments Cc: Public Works Files S:\PW~Correspondence\2004 Memos - Interdepartment & Interoff'~e\04-041 Automated Side Loader Bid Award.doc '~-- -- Z tn.--. ~ 0 ~o~~>~< ,,,o · ~oz >- o · ~ ~ ~ o -- ~ ~ ~ ~ zz ~ ~ ~ & w m w > = ~ ~ Z ~ 0 g - ~ Oz 0 ~ ~ ~ Z -- wO ~0 ~ Z ~ ~ ~ -- ~ 0 ~ Oz ~ ~ 0 Z ~ ~ om ~o ~ ~ z~ ~ 0 ~ -- ~ 00~ ~ , ~z ~ ~ 0 w~ o~o co ~o i~0 o ,:?.~ ~ "T z w 0 0 o:~ ~ o ,>- z z · --I o ~ .~ .-~ ¢~ ~ n 0 e0 :D LU i0 0 0 --' ~ ~ ~ ~ 0 Z Z Z ~ ILl ~ E E ~- ~ 03~:~ ~Z a_o ~ o = o ~ ~ w "7 -I '~ ~ ~ ~: ~ nw o ~ > ~ 0 ~: .~ ~ ~: o×~ U.! d Z ~ ~ ~z 0 ~' o[~> eoLuO co 0 0 0 ~_ . o ,>-z z z ~ z=:~.~o._, o~>--z I, LI > u_ ..-. ~. -~ ~: ,,- z< ~.~ > ,~ LU~ Z c~ o, o oo ..,,, o ,,, r~ 0 0 wk--~ 0~ a o ,, .. ::~ ,,, ~o 0 ~ nno rr n ~ a-, co o o o " 0 I~ z ~ o zD I- ~,- oo,~o < ,,, ~ ~<~ lid O nnn z ~_ . rn W 0 0 OZ Z~ 13= 0 rnrn rn ~ ~- o zoo 03 .... ~ PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA Heil Body To All Bidders: Date: 0~/09/2004 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of: TOTAL AMOUNT ALL PRICES F.O.B. BOYNTON BEACH 75-90-Days ARO Chassis+45 days bodl0elivery based on PO date subject to Paterbilt production schedules It is further agreed that the product/service will be completed/delivered within90-145 calendar days fi, om the date of the Purchase Order from the City. Number of Bid Proposals submitted 4 Specification "check-off' sheets (Pages 3 -18) submitted x Yes/No Operators Manuals (2 copies) X Yes/No Warranty Information (2 Copies) X Yes/No Shop/Service Manuals(2 Copies) x Yes/No THIS PAGE TO BE SUBM][TTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 30 Great Southern Peterbilt, Inc. O PETERBILT ,,.o-,-o.s co,.,.=.. INVOICE A D[VI$10N OF ~ SO~.D TO:- GREAT SOU'1:~-RN PETERBILT DEALER ~ GSS0 DA~'~'Z~I~RUARY 11, 2004 P. O. BO][ 61117 JACKSONVILLE FL 32236 1BTOCK - AUTOMA3.-mu MODEL: ONII (1) -DE~ILT 0003201 VEH'FCLE IDER"T NO.: 1NPZLTOX64D715515 ENG'IN~ NO.: MBJ04~424 I~I~ICE EFF1~CTIVE DATE: 02-11-04~ This chassis is in stock at The Hail Company and available for immediate delivery. P.O. BOX 1281 BELLEVUE WA 98009-1281 FLOORING R~QUI~ST DATE= 02/26/04 PETERBILT CHASSIS FINAL BILL PAGE 001 VMXXR036-1 FOR VIN 1NPZLTOX64D715515 AS OF 02/11/04. I/NIT TYPE 2 DEALER CODE - G550 CUSTOMER NO - CGZ9 DATES NAME AND ADDRESS STOCK-AUTOMATED REQ DELV 01/30/04 GREAT SOUTHERN PB DELIVERY 02/11/04 P. O. BOX 61117 PRIC EFF 02/11/04 JACKSONVILLE FL 32236 PRICE PROT. NO. 070103 THE FOLLOWING LIST DESCRIBES ALL COMPONENTS USED FOR THIS CHASSIS DIMENSIONS AND WEIGHTS FOR T~E ENTIRE ORDER ARE STATED IN CUSTOMARY. APPLICATION COMMODITY I-IAULED 0091180 REFUSE, SCRAP INTENDED SERVICE 0093035 REFUSE/ON-HWY, VOC 3430 BODY BODY %'YPE 0095220 AlrfOMAT]~D SIDE LOADER / PUSH-OUT BODY LENGTH 240.00 IN BODY HEIGHT 162.00 IN MAX LADEN WEIGRT 8500.00 LBS TRAILER TRAILER TYPE TV TYPE GF~AR STRAP-DRIVERS SIDE CABINET TRAILER LENGTH . 00 Fl' TRAILER HEIGHT . 00 FT KINGPIN . 00 IN CTR LINE AXLE GRP .00 IN CORNER RA2DIUS . O0 IN NO TRAILER A]fLES 00 OPERATING AREA RESTRICTIONS LENGTH 40.00 FT WIDTH 102 . 00 IN HEIGHT 13 . 50 FT CHASSIS FRONT AXLE LOAD 20000.00 LBS REAR AXLE LOAD 46000.00 LBS GCW 66000.00 LBS WHEELBASE 212 . 00 IN ~AX/BOC . 10 IN CA~/AXLE 212.00 IN CAB/EOF 284.00 IN MAXIMUM GRADE 06 PERCENT HIGHWAY 100 % ~S B 000 % CLASS C 000 % CLASS D 000 PETERBILT CHASSIS FINAL BILL PAGE 002 VMXXR036-1 FOR VIN 1NPZLT0X64D715515 AS OF 02/11/04 UNIT TYPE 2 CODE DESCRIPTION PUB CD EIGHT BASE MODEL 0003201 MODEL 320 LCF P 5,254 FRAME AND EQUIPMENT 0514090 10-3/4" STL RAILS/STL XMBRS 306-342" P 249 3/8" RAIL THICKNESS N0510 10 3/4" STL RAIL, 212" W-B, 72" N0511 OVERHANG, FULL LINER OK PER FRAME.NET N0550 * FRAME IS .3 INCH(ES) HIGHER AT THE N0551 FRONT AXLE TF2LN AT T~E REAR. IF THIS N0552 IS UNACCEPTABLE CONTACT APPLICATIONS. 0601500 FULL STEEL INNER LINER P 340 0620110 FEPTO PROV 9 IN BUMPER EXTENSION P 42 0644020 EOF SQUARE W/STEEL XMBR P 64 0651090 OMIT RR MUDFLAPS & HANGERS P 0 0651110 PBILT FRT WHEEL MUDFLAPS P 0 0713130 2 SOLID MOUNT. CABLE BOOKS P 0 FRONT AXLE AND EQUIPMENT 1011480 DANA SPC EFA20P4 18-20,000 LB STD TRK P 0 11-1/4" BOLT CIRCLE 1124020 TAPER LEAF SPRGS W/SHKS 20,000 LBS U 0 USE WI~"H FL941/EFA20F4 AXLES 1232090 PWR STRG TRW TAS65 W/ASSIST P 24- USE WIT}{ FL941/EFA20F4 AXLES 1354070 PHP10 IRON HB/CAST DRMS/16.5X6 CAM BRKS P 0 !8-20,000 LB AXLES 1361010 STANDARD OIL SEALS P 0 USE WITH NON-LMS /4UBS 1390540 BRAKE DUST SI~IELDS P 4 REAR AXLE AND EQUIPMENT 1522620 DANA SPC DS463P 46,000 LB P 55 N1520 * AXLE APPROVED PER DANA REFUSE * 1612830 PHP10 ALUM HE,CAST DRUM, 16.5X7 CAM BP. KS P 0 LMS ITD~S, Ti~%TDEM 46,000 LB AXL~ 1632320 MGM TR 3030" PKG BRKS BOTH AXLE P 0 1642110 HALDEX / DANA AUTO SLACK ADJUSTERS P 0 TANDEM AXLES 1652140 C/RAWHIDE SCOTSEAL PLUS XL OIL SEALS P 0 TANDEM DRIVE AXLES 1662010 BRAKE DUST SHIELDS TDM AXLE P 7 1682000 DANA SPC ES 16.5X7 CAM BRKS REFUSE P 0 34-46,000 LB AXLE 1682480 MERITOR WABCO 4S4M ABS W/SBM YL%f P 0 1684200 S~ETIC ia-XLE LI3~RICANT ALL 2%XLE P 0 1705290 RATIO 5.29 RR AXLE P 0 1824240 HENDRICKSN }H~X460 46,000 LBS 54" P 119- HAULMAXX, 60K CREEP RATING PETERBILT CHASSIS FINAL BILL PAGE 003 VMXXR036-1 FOR VIN 1NPZLTOX64D715515 AS OF 02/11/04 UNIT TYPE 2 CODE DESCRIPTION PUB CD ~IGHT ]921470 SHOCK ABSORBERS FOR ~ SUSPENSION P 31 ENGINE AND ENGINE EQUIPMENT 2047414 Cl0 335~2100 350~1700 1250@1200 P 761 MODELS 357/320 ONLY (2002 EMISSIONS} N2014 P002 72 .... MAX VEHICLE SPEED LIMIT N2020 P007 30 .... LOW CRUISE CONTROL LIMIT N2022 P006 72 .... HIGH CRUISE CONTROL LIMIT N2024 P024 0 ..... AUTO RETARDER IN CRUISE N2026 P008 L~TCH.ENGINE RETARDER MODE N2028 P050 0 ..... ENG RETARDER MIN VEH SPEED N2032 P009 1 ..... IDLE SPEED LIMIT N2034 P010 1400..IDLE RPM LIMIT N2056 P021 0 ..... IDLE SHUTDOWN TIME N2058 P032 YES...ALLOW IDLE SHUTDOWN OVERRIDE N2060 P022 WARN..ENGINE MONITORING MODE N2062 P023 YES...LOW COOLANT I,~L SE~OR N20Gi fO~9 J1922 ...... POWERTRAIN DATA LINK N2083 P063 J1/PI:13...MULTI-FUNCTION OUPUT N2085 P099 WARNING .... ENGINE MONITORING LAMP 2114420 FUEL PRIMER PUM~P - C10/C12/C15/Cll/C13 P 2 2141360 BELLY PA/q P 0 (FOR USE W/AIR-TO-AIR ENGINES) 2147010 TURBO HEAT SHIELD P 0 ISM/ISC/CT/3126/C10/CG 2512380 DELCO RELgf 130 AMP ALT 225I P 0 2522640 DELCO REMY 12V STA~qTER 42MT TYPE 450 P 2 W/OVERCRANK PROT.ISX/ISM/CIO/C12/C15/CG 2531170 3 CHAMP PC31700CD BATTERIES 2250 CCA P 9 T~READED STUD TERMINAL (540RC) N2530 * CUSTOMER MUST UNDERST~ THAT N2531 THEY MAY EXPERIENCE COLD WEATHER N2532 STARTING PROBLEMS, BECAUSE OF THE N2533 EXTRA LONG BATTERY CABLES. * 2611060 HORTON FAN CLUTCH - Cll/C13/C15 P 0 C10/C12 2711130 BK~NDIX 13.2 CFM AIR COMP P 0 C10/C12/C15 - NOT ACERT 2922700 F/G FS1000 SUPF_A~FILTE~ - FRAME MTD P 0 C10/C12/C15/3126E 2934200 PB SPIN-ON WATER FILTER FRAME MTD U 4 C10/C12/Cll/C13/ISL ENGINES 3030980 LOW COOLANT LEVEL SENSOR P 0 C7/C10/Cll/ClZ/C13/C15 3114270 HIGH EFFICIENCY COOLING SYSTEM P 0 3120050 SILICONE RADIATOR HOSES P 0 INCLUDES CONSTi~/~I~ TORQUE CLAMPS ON 3120320 BUGSCREEN--REMOVA~LE TYPE Pu%D MTD P 0 (FOR USE W/AIR-TO-AIR ENGINES) W/ADTL 3120410 "FEPTO" STYL]~ GRILLE P 0 3120450 WING NUT STYLE MTD GRILLE P 0 PETERBILT CtL%SSIS FINAL BILL PAGE 004 VMXXR036-1 FOR VIN 1NPZLTOX64DT15515 AS OF 02/11/04 UNIT TYPE 2 CODE DESCRIPTION PUB CD :IGHT 3221140 DNLDSN 16" FVG A/C }{ORIZONTAL MTD U 11- (FVG16-0619) DUAL ELEMENT/DUAL STAGE 3281110 CONSTANT TORQ HOSE CLAMPS ON AIR INTAKE P 0 HOSES FOR DONALDSON AIR CLEANERS 3366500 SGL VERTICAL EXHAUST L/H P 0 3381130 SGL EXHAUST GUARD STAINLESS STEEL P 24 VERT EXH 3381520 SGL CURVED C}{RMD STANDPIPE P 2 TRANSMISSION AND CLUTCH 4051560 ALLISON HD4560P 6 SPEED P 359 C10/Cll/C12/C13/ISL/ISC/ISM N4050 ALLISON SC. AA ~733998. STALL TURBINE N4051 TORQUE m 2068, CONVERTER STi~JuL TORQUE N4052 RATIO = 1.897. 4210190 1810 h'D DRIVELINE W/1 M/S BRG P 205 W/4.5" X .180 WALL TUBING 4240380 WATER OIL HEAT EXCHANGE P 0 4250090 OIL LEVEL SENSOR P 0 USE W/ALLISON WORLD TRANS 4250170 ALLISON WORLD TRANS PRIMARY SHIFT U 0 SCHEDULE 2 4251000 TC - 541 TORQUE CONVERTER U 0 ALLISON TRANS 4256350 ALLISON MD/HD AUTO NEUTRAL "AK" P 0 SINGLE STEER LH OR RH(GROUP 77,VOC 152) 4256510 TRA/qSY1TD AUTOMATIC FLUID W/RI),4000,4500 P 0 ALLISON TRANSMISSIONS N4250 * FLIPPER VAVLE NOT SUPPLIED UNLESS OPT N4251 4540940 IS REQUESTED * AIR AND TRAILER EQUIPMENT 4510730 BENDIX AD-IP EP AIR DRYER W/HTR P 11 "EXTENDED PURGE" 4520120 BENDIX DV2 MOISTURE EJECTOR P 4 ON WET TANK 4520200 (2) BERG PULL CORD DRAIN VALVES P 2 4540230 COLOR CODED NYLON BRAKE AIR LINES P 0 4540420 NYLON CHA~S IS HOSE P 0 4540920 AIR SYSTEM DIAGRAM SHIPPED LOOSE P 0 4540950 AIR TANKS MTD INSIDE FRAME RAIL FLANGES P 2 "SUBJECT TO FRAME REVIEW" 4542200 (3) STEEL PAINTED AIR TAlqKS P 0 4611930 BODY CONNECTIONS 5FT BOC P 4 4612000 ROUTE AIR & ELEC LINES TO ALLOW WELDING P 0 OF SUB FRAME TO TOP OF FRAME N4670 ASSUME LOADED CG/~B IS LESS ~"rLa-N 0.42. N4680 IF GREATER CONTACT FACTORY FOR BRK SPEC TIRES AND WHEELS 5067740 FF: BR 20PLY 425/65R22.5 M844F P 66 PART: BR425/65R225LM844F FET: 124 PETERBILT CHASSIS FINAL BILL PAGE 005 VMXXR036-1 FOR VIN 1NPZLTOX64D715515 AS OF 02/11/04 I/NIT TYPE 2 CODE DESCRIPTION PUB CD ;EIG}{T 5167950 RR: BR 16PLY 12R22.5 R250F P 196 PART: BR12R225HR250F FET: 280 5190008 CODE-REAR TIRE QTY 08. 5214840 FF: ACCUR 29807 PLT 22.5X12.25 S/~L WHL P 29 5314640 PR: ACCUR 29300 PLT 22.5X9.00 STL WHL P 212 PILOT MOUNT 5 HAND HOLES 5390008 CODE-RF_JLR RIM QTY 08. FUEL TANKS 5536130 23" /LLUM 80 GAL FUEL TANK LH BOC P 13 5604080 LOCATION LH BEI{IND CAB 080 GAL. 5650490 FUEL COOLER P 13 BATTERY BOX A~;D BUMPER 6010800 INSTL BATTERIES ON TEMP PLYWD SUPT BOC P 60- INCLUDES (6') ADTL BATT CABLE FOR LATER 6122810 STEEL BUMPER SWEPT BACK PAINTED P 4 6132400 NOTCHED TOP FLANGE OF BUMPER P 2- CAB /LND EQUIPMENT 6501010 53" LCF CAB RH DRIVE P 0 USE W/AUTO TRANS ONLY 6810820 RUBBER FENDERS 4.5" ON CAB FNDR P 11 OVERLAP 4.5" WHEEL WELL FNDRS 6913020 DRVR ULTRARIDE LOBACK VINYL AIR P 2 6926170 PASS PBILT LOBACK VINYL P 0 NON-AIR (USE W/6501000 & 6501010 ONLY) 6930650 3-PT SEAT BLT/SHLDR HAR~{ESS DRVR/PASS P 0 7000000 GREY INTERIOR COLOR P 0 7000630 TWO INSIDE SI3NVISORS P 0 7000680 ENGINE TUNNEL COVER PADDED VINYL P 0 7001550 17" BLACK STRG WHEEL P 0 FOR USE W/CODES 6501000 & 6501010 ONLY 7220130 FIXED REAR WINDOW BOC STD TINT P 0 18.5" X 54" 7230230 VIEW WINDOW LH DOOR P 0 7230260 ROLL-DWN WINDOWS RH & L}{ P 0 7322010 COMBO FRESH AIR HEATER/AIR CONDITIONER P 4 7330010 (1) AUX DEFROST FAN IN CAB P 2 7330210 SILICONE HF_J%TER HOSES P 0 7510010 STNLS STL MIRRORS 7"X16" P 0 7560300 7.5" SPOT MIRROR (TOP FRONT OF CAB LH} P 0 7560850 (2)CONVEX PR~3TS]~AN 8" SS MIRROR P 2 CENTER MTD UNDER MIRROR BRKT 7610470 (1) AIR }{ORN 24.5" CHROME - ROIIND P 0 INCLUDES PObIS~{ED HORN SHIELD 7725050 PANASONIC AM/FM/CASS/WB W/2 SPKRS P 11 7851330 C.D.B TILT PUMP A_IR ASSIST P 0 7851480 PB ELEC WINDSHIELD WIPERS P 0 W / INTERMI'X'TENT FEATURE 7851540 WHEEL WELL FENDERS 4-1/2" P 11 PETERBILT CHASSIS FINAL BILL PAGE 006 VMXXR036-1 FOR VIN 1NPZLTOX64D715515 AS OF 02/11/04 UNIT TYPE 2 CODE DESCRIPTION PUB CD EIGHT 7851870 RAIN GUTTERS OVER BOTH DOORS P 0 7900040 5 LB 3A:40BC FIRE EXTINGUISHER P 9 SHIP-LOOSE 7900090 TRIANGLE REFLECTOR KIT P 13 SHIP-LOOSE 7900970 BACKUP ALARM WIRING TO EOF P 0 7900990 ELEC WIRING DIAGRAM P 0 SHIP-LOOSE 8011120 OIL TEMP GAUGE TR/LNS MAIN P 0 W/ALLISON MD/HD/EVS OR 2000/2400 ONLY 8011350 WATER TEMP GAUGE P 0 8011360 OIL PRESSURE GAUGE ENGINE P 0 W/6501000 & 6501010 ONLY 8021050 AIR RESTRICTION GAUGE DIAL TYPE P 0 8021510 (2) AIR PRESS GAUGES P 0 PRIMARY & SECONDARY 8022470 FUEL LEVEL GAUGE P 0 8041550 SPEEDO DIXSON ELEC 0-80 MPH P 0 0-130 KPH, W/O ODOMETER 8042120 TACH DIXSON ELEC 0-3000 RPM P 0 8071050 VOLTMETER P 0 8071520 (2) ADD'L ROCKER SWITCHES P 0 8110800 HEADLIGRTS DUAL RECT HALOGEN P 0 8120500 MARKER LIGHTS (7) STD ICC P 0 8140400 DIRECTIONALS FRONT SURFACE P 0 ABOVE HEADLIGHTS W/SIDE MTD TURN SGNLS 814~840 DUAL LIGHTE STOP/TAIL/BACK-UP P 9 W/0644020 OR 0644000 PAINT 8500690 PAINT COLOR SELECTION WIT~LIN PAINT DECK P 0 8530330 IMRON SOLID COLOR PAINT P 0 N8502 1 - N0225HP WHITE N8520 FRAME N0001HP BLACK N8530 WHEEL N0006HP WHITE 8999990 SHIPPING DESTINATION P 0 (SPECIPY BY NARRATIVE) N8990 HEIL COMPANY N8991 45TH VALLEY HEAD RD N8992 FT PAYNE AL 35967 N8993 205-845~4912 MISCELLANEOUS 9490067 APPLICATIONS CONTACT: U 0 BOBBY DELASI~.AW (940) 566-7861 N9997 DEALER CONTACT N9998 NAbLE: DAVE MELLOTT PH:321-663-5976 N9999 RBD 12/10/03 PETERBILT CHASSIS FINAL BILL PAGE 007 VMXXR036-1 FOR YIN 1NPZLTOX64D715515 AS OF 02/11/04 Lll~IT TYPE 2 CODE DESCRIPTION PUB CD WEIGHT ** TOTAL ESTIMATED WEIGHT 17,828 TOTAL LIST PRICE BELOW CHARGES NOT INCLUDED IN TOTAL LIST PRICE ADJUSTED LIST PRICE PROMOTION PROGRAM CODE @ 0.00 % ** WEIGHT SHOWN HERE IS AN ENGINEERING ESTIMATE AND DOES NOT INCLUDE UNPUBLISHED OPTIONS. ACTUAL "SHIPPING" WEIGHT MAY VARY. VI.-CONSENT AGENDA CITY OF BOYNTON ITEM B.5. AGENDA ITEM REQUEST ,,. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal ~ -'<c:~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business ~ .~. RECOMMENDATION: Motion to EXTEND THE CODE COMPLIANCE TRAILER LEASE as "sole s~rc~h RESUN LEASING INC. in the amount of $11,424.96. CONTRACT PERIOD: May 19, 2004 through MWyS'~ ......,.-18,r~~ EXPLANATION: At the Commission meeting of May 16, 2000 the "Two (2) Year Lease Contract for 24' x 60' Portable Office Trailer", Bid #048-2511-00/KR was awarded to Vision Building Solutions LLC. Vision Building Solutions LLC assigned this lease to Resun Leasing in August 2000. The bid was a two (2) year award with provision for two (2) additional one (1) year renewals. The current lease that expires on May 15, 2004 is the final extension as provided in the bid award. Code Compliance has been in the trailer for four (4) years. The offices and layout of the trailer were designed based on Code Compliance needs, and now the offices are set up with phone lines, computer connections, and faxes in place. It is recommended that the City continue its lease relationship with Resun Leasing. This is due to Code Compliance currently occupying the trailer, and being satisfied with the provisions of the current lease. Therefore, we recommend that the lease with Resun Leasing be extended as a "sole source" procurement under the same Terms and Conditions as the original lease due to the circumstances. PROGRAM IMPACT: The extension of the trailer lease will provide the necessary office space to allow continuity in operations for the Code Compliance Division. FISCAL IMPACT: Budget provision for the lease is provided in the Code Compliance Division budget as follows: Description Account Number Budget Amount Code Compliance Lease 001-2120-521-44-41 $12,550.00 ALTERNATIVES: Seek other possible sources of office space for Code~Compliance Division, or do a bid solicitation for the lease of a trailer. Deputy Director of Financial Services C~ty' anager s S'~gnature Procurement Services ,:}~gag_~ Department Name City Attorney / Finance / Human Resources Sg, BULLETIN~ORMSV~GENDA ITEM REQUEST FORM.DOC cc: Marshall Gage- Police Department Scott Blasie - Code Compliance File The City of Boynton Beach Procurement Services 1 O0 E. Boynton Beach Boulevard P.O. Box310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742~6320 FAX: (561) 742-6306 March 9, 2004 SECOND NOTICE: RESUN LEASING, INC. 8895 N. MILITARY TRAIL, SUITE 306 E PALM BEACH GARDENS, FL 33410 ATTN: GORDON NIMMO RE: "TWO YEAR LEASE AGREEMENT FOR 24'X60' PORTABLE OFFICE TRAILER" - BID NUMBER: # 063-2511-03/KR Dear Mr. Nimmo, The above-mentioned bid will expire on Mayl 8, 2004. The City would like to renew the existing contract under the same terms and conditions for an additional year. Monthly lease amount at $916.58. We appreciate your quality service, therefore, if you agree, the contract will be renewed for an additional year. CONTRACT PERIOD: MAY 19~ 2004 TO MAY 18~ 2005 Please indicate your response on the following page and return it to Procurement Services at your earliest convenience. We look forward to working with you for an additional year. If you should have any questions, please feel free to call my office at (561) 742-6322. Sincerely, Bill Atkins Deputy Director of Financial Services /ja c: Scott Blasie - Code Enforcement Administrator Central _-. File America's Gateway to the Gulfstream ~he C//g o~ RECEIVED Bognton Beach t/dAR 1 8 200~ Procurement Services PROCUREM / 100 E. eognton Beach Boulevard P.O. Box 310 Boynton Beach~ Florida 33425-0310 Telephone No; (561) 74~-6320 FAX: (561) 742-6306 RE: "TWO YEAR LEASE AGREEMENT FOR 24'X60' PORTABLE OFFICE TRAILER" - BID NUMBER: it 063-2511-03/KR Agreement between the City of Boynton Beach, Owner; and RESUN LEASING~ INC. Contract Pyenewal Period: MAY 19~ 2004 TO MAY 18~ 2005 ~Yes, I agree to renew the existing contract under the same Terms and Conditions of this Agreement. ~ No, I do not wish to renew the contract at this time. NAME OF COMPANY / /S!~RE z/ / NAME OF REPRESENTATIVE (please print) DATE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulfstream S/pu/wp/janet's folder/bids/warehouse CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Bill Atkins, DATE: March 23, 2004 FILE: Budget/Trailer Purchasing Agent Lease ---~ . SUBJECT: Renewal of lease for officer trailer % FROM: Scott Blasie, REFERENCES: [~AR 2 3 200/~ Code Compliance Administrator ENCLOSURES: I've been advised the approval came back from Resun Leasing for our request to extend the existing lease of the Code Compliance office trailer. This memorandum is confirmation that Resun Leasing has performed satisfactorily for the last three years and we wish to continue our contractual agreement with them. The account number for this activity is: 001-2120-521.44-41 The budgeted amount for the upcoming budget year is: $12,550.00 I will assume this renewal is moving forward unless I hear otherwise. Thank you for your assistance once again with this procedure. C: Diane Bellino, Administrative Secretary VI.-CONSENT AGENDA ITEM C.1. CITY OF BOYNTON BEg AGENDA ITEM REQUEST Requested CiW Commission Date Final Form Must be Turned Requested CiW Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Meeting Dates in to Cit~' Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with June M. Jones for the property at 1192 Peak Road, Lantana, Florida (Lots 242 & 243, Ridge Grove Addition 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. FISCAL IMPACT: None ,~,,~ERNATI~: None. This parcel is within the Utilities se.rv~ce a~a. Department Hea~;~ Signature ' ' -~it~ Manager's Signature Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " StBULLETI~,,FORMS',,AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING 6 EXECUTION OF AN AGREEMENT FOR WATER 7 SERVICE OUTSIDE THE CITY LIMITS AND COVENANT 8 FOR ANNEXATION BETWEEN THE CITY OF BOYNTON 9 BEACH AND JUNE M. JONES; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the subject property is located outside of the City Limits, but within our 14 water and sewer service area, for the property located at 1192 Peak Road, Lantana, Florida 15 (Lots 242 & 243, Ridge Grove Addition 1); and 16 WHEREAS, the parcel covered by this agreement contains a single-family home, and 17 are located in the San Castle/Ridge Grove project area; and 18 WHEREAS, only potable water is available for connection to the property at this 19 time due to recent water main improvements constructed by Palm Beach County as part of a 20 neighborhood improvement project; 21 WHEREAS, City policy requires annexation of the property to be serviced at the 22 earliest practicable time, as a condition of the granting of water services outside its 23 jurisdictional limits; and 24 NOW, TItEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Manager is hereby authorized and directed to execute a Water 30 Service Agreement between the City of Boynton Beach, Florida and June M. Jones, said S:\CA~RESO~Agreements\Water Service~Jones Water Service Agr.doc 1 Agreement being attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this __ day of April, 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 24 City Clerk 25 26 27 28 ;:\CA~RESOXAgreements\Water ServiceXJones 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 dTHIS AGREEMENT made on this __ day of ,200 , by and betweer]. Lt~ Iq,. ~]Ofl~-_.--q 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 propert3r, 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 ofrecdving 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 Qustomer with water service from its Municipal Water System to service the real property described ~s 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 eonform~anee 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 ease 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 fi.om the City Water Distn'bution 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. CUs. tomer 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 righ~ 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. Annexation is intended to be and is hereby made a covenant nm_hing with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any.- prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. ' 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, FlOrida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) 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 ,200_5[. W1TNESS: INDIVIDUAL(S) AS OWNER(S): Wimess Signature E7 Owner Signatul~ ,'¢f/W coc ./ItJ,i' Jun Printed Witness Name Printed Owner Name ,-../ L. .q n t'] c.-i . Printe~ Wltfiess Name - Witness Signature Owner Signature Printed Wimess Name Printed Owner Name Wimess Signature Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) 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 -Jil~ }4...~Ot~:~ 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 following proof of identification: 3 ~i~D ~oq~ s~ ~7~q '~ mc.' WITNESS my hand and official seal in the County and State last aforesaid this ll~ ~ day of bruar, ,200 (Notary Seal) ~ '~. ~i~ Exl~ June 30, 200~ WlrTNESS: CITY OF BOYNTON BEACH, :FLORIDA Mayor 'ATTEST: City~lerk 4 STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged_ executing same in the presence of two subscn~bing witnesses 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 cfi' , 200__. (Notary Seal) Notary Public Approved as to form: City Attomey 5 THIS INSTRUMENT PREPARED BY: Joslos & ~xun. P.A. Suite 2O0 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF I/We, J L,t.n~_ {'~. --~,~ :5 , 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: Pc~) ~.~(-~ ~ ~ ~{~- {~ 0 ~000 ~ Yo~) ' The powers and authority of my attomey, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and bo in full forco and effoct on the oq~(o day of '~pr'~..r-~ , 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 .'~"~_~3 r'acum~ , in the year two thousand and. o ~ / Sealed and d~livered in the presence of Witness Si~ure (~ - O~..er Signature Printed Witness Name Printed Owner Name Witness Signature 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 ) 'I'HE FOREGOING INSTRUMENT wasi acknowledged before me this o~ (o day / , who are known to me or who have produced ,JSao .qg~ 4'5 ,b-Scl O , as identification and who did/did no~ake~n oath. Type or Print blame My Commission Expires: PO/LIND Location Map- [xhibit "A" Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nikoiits, CFA Palm Beach County Property Appraiser :Public Access System - Property Information Location Address: 1192 PEAK RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-09-000-2420 Subdivision: RIDGE GROVE ADD 1 IN Official Records Book: 04779 Page: 0691 Sale Date: Dec-1985 Legal Description: RIDGE GROVE ADD NO 1 LTS 242 & 243 -Owner Information Name: JONES JUNE M Mailing Address: 1192 PEAK RD LAKE WORTH FL 33462 5924 -2003 Certified Appraisal Improvement Value: $79,814 Number of Units: I I'~~ Land Value: $15,000 * Total Sq. Ft: 1961 Market Value: $94,814 Acres: .00 Use Code: 0800 Description: MFR < 10 UNITS · in residential properties may indicate living area. -2003 Certified Tax I Ad Valorem: $1,126.89 Non ad valorem: $282.00 Total: $1,408.89 -2003 Certified Assessed & Taxable Values Assessed Value: $82,632 Exemption amount: $25,000 (2003 Exemption) Taxable: $57,632 -2004 Exemption(s) Homestead Receipt~: 0142087 Exemption Address: Regular Homestead: $25,000 TOTAL: $25,000 -Sales Information Sales Date Book Page Price Instrument Owner Dec-1985 04779 0691 $100 QC Jan-1978 02928 0417 $7,000 00 Pdnt Information http://www~c~~pa~m-beach~~~us/papa/main/detai~-inf~~asp?p-entity=~~4345~9~9~~~242~ 2/26/2004 Palm Beach County Property Appraiser Property Search System Page 1 of 1 iB Subareas for Building 1 ~ubare~ Sq. Foo_tag.e Are_a_ Area Under _Air_ AS BASE AREA 1,961 1,961 Total 1,961 1,961 -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 NIA FLOOR TYPE-1 CARPETING=I.00 FLOOR TYPE-2 N/A YEAR BUILT 1979 TOTAL ROOMS BED ROOMS ~ FULL BATH 2 HALF BATH 0 BLDG USE 2700 STORIES 1 [ Show Drawing / Map I i' P~'ini i~forrn~tic~, http://www.co.palm-beach.fl.us/papaJmain/struct_detail.asp?entity_id=0043450... 3/18/2004 VL-CONSENT AGENDA ITEM C.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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May4,2004 April l9, 2004 (Noon) [] July6,2004 June l4, 2004 (Noon) May 18, 2004 May 3, 2004 (Noon) July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing co [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Lance Sinclair for the property at 3574 N. Old Dixie Highway, Delray Beach, Florida (Lot 87, Amended Plat of Tradewind Estates). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the unincorporated area along N. Old Dixie Highway. Only potable water is available for connection to the property at this time. (See location map) PROGRAM IMPACT: A Water Distribution main exists on this street allowing for the service to this parcel. Only a water service line will be required for the City to serve this property. FISCAL IMPACT: None ALTERNATIVES: None. This parcel is within the Utilities service ar~. ~-, Department He~'s Signature ' C~'ty Manager's Signature Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " S:x~BULLETI~ORMS~GENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING 6 EXECUTION OF AN AGREEMENT FOR WATER 7 SERVICE OUTSIDE THE CITY LIMITS AND COVENANT 8 FOR ANNEXATION BETWEEN THE CITY OF BOYNTON 9 BEACH AND LANCE SINCLAIR; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the subject property is located outside of the City Limits, but within our 14 water and sewer service area, for the property located at 3574 N. Old Dixie Highway, Delray 15 Beach, Florida (Lot 87, Amended Plat of Tradewind Estates); and 16 WHEREAS, the subject parcel is a single family home located in the unincorporated 17 area along N. Old Dixie Highway; and 18 WHEREAS, only potable water is available for connection to the property at this 19 time; and 20 WHEREAS, City policy requires annexation of the property to be serviced at the 21 earliest practicable time, as a condition of the granting of water services outside its 22 jurisdictional limits; and 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Manager is hereby authorized and directed to execute a Water 29 Service Agreement between the City of Boynton Beach, Florida and Lance Sinclair, said 30 Agreement being attached hereto as Exhibit "A". S:\CA'd~ESOXAgreements\Water Service'tSinclair Water Service Agr.doc 1 Section 3. This Resolution shall become effective immediately upon passage. 2 PASSED AND ADOPTED this __ day of April, 2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 23 City Clerk 24 25 26 27 S:\CAXRESOL,~greements\Watex Service~Sinclair 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 ,200___~ by and between ~O4~c2~ <'~c~O_xv 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 Se 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 [,q 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 conformance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiting 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 tights-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 initiated2 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 anyand .ali 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 tights 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, 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 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. ; ,~,~c~IN ~3(ITNESS WHEREOF, the parties hereto have.set their hands and seals this [({52 day of ,200 '~ ..... ~ - ~- .,~ INDWIDUAL(S) AS OWNER(S): Owner Signature Printed Witnes~ N~-ne - Print4d Owner Name Witness Signature ~ Printed Witness Name 3 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 arid in the County aforesaid to take acknowledgments, personally appeared [__C _A~ 1~ ,~'~p(__}C;~ f"'-- 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~vidual was perspnally knowjl~to me or provided the following proof of identification: . . ~~ ~C,~ ~r~~ · ~_WI'grNESS hand and seal in the and State last aforesaid this [[~-'h of my official County day i--C_.½,20 1 [ Nolan/Public, Stale ot Florida. ! ~ ~ /My oomm. exl~ires May 22, 200,5 ! ~=~ [. No DD027617 I Notary Public ~~fa~.~f_F_~._.lQ CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City, Clerk 4 STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that theY severally acknowledged executing same in the presence of two subscribing 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 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 Attomey THIS INSTRUMENT PREPARED BY: James A. Chemf, Esquire dosias & Go,eh, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 3.3,308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA .-----. I/We, LQ.ce..~,.c~,r" , 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 , t available means. The real property which is the subject of this power is described as follows: pc/t) oo -/..j~]=/./,~_tp,.j-/~ ~?c~o. -o, oo7~ , The powers' and authority of my attomey, THE CITY OF BOYNTON BEACH, FLORIDA, shall' commence and be in full force and effect on the /~ day of , 20~_~ and the powers and authority shall be irrevocable by Grantee. I IN WITNESS WHEREOF, we have hereunto Set our' hands and seals the day of ~T'~'-C~ , in the year two thousand and ~. Sealed and delivered in the presence of Owner Signature Printed Witness~ Name / Printed Owner Name Witness Signature/ Printed Witness ~ ~ Signat'a~e ~ evener S-ignatur-e- Printed Witn~e.~s N~me ' ~ ~ v\ Printe(~ ~)~vner Name Witness Signature"-"//x Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) ~'HE FOREGOING IN.S_.,T/~UMENT.was ackno...w~dgeql b~.fo.g.~e me this I~V-~ day of ~ , 20(.~, by t._C.,('~_ ~"~'), ¢'C .~C.i~ r ' and - ' , who are known to me or who have produced . _ _ _ , as identificatioJ:~,who did/did not.take an oath. -~-'~A"* LAURE~-~TACY~-~6-wN ~"NO'I"ARY PUBLIC ' k_.," '---"-,'/ ~"j~ Notary Public, State of Florida My comm. expires May 22, 2005 No. ~027~z Type or Print Name ' CommissiOn, No. My Commission Expires: POA.IND 0250 0250 0300 0250 I°° 034O 0651 1020 0642 0620 0900 0150 0210 0370 0590 1 0390 0570 0403 0560 Location Map- Exhibit "A" Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nikolits, CFA Palm Beach County Property Appraiser Public Access System - Property Information Location Address: 3574 N OLD DIXIE HVVY [~ [,~ho,,N I~l&p..! Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-46-04-17-000-0870 Subdivision: TRADEWIND ESTS AMNDED PL IN Official Records Book: 15735 Page: 256 Sale Date: Aug-2003 Legal Description: AMND PL OF TRADE WINDS ESTATESLT 87 - Owner Information Name: SINCLAIR LANCE & Mailing Address: 9043 CHRYSANTHEMUM DR BOYNTON BEACH FL 33437 1234 ~ Owl'~.. -2003 Certified Appraisal Improvement Value: $55.731 Number of Units: 1 Land Value: $23,520 * Total Sq. Ft: 1380 [ Extra... Market Value: $79,251 Acres: .00 Land., Use Code: OlOO Description: SINGLE FAMILY · in residential properties may indicate living area. -2003 Certified Tax Ad Valorem: $1.549.60 Non ad valorem: $192.00 Total: $1.741.60 -2003 Certified Assessed & Taxable Values Assessed Value: $79,251 Exemption amount: $0 (2003 Exemption) Taxable: $79,251 Exemption Information Unavailable. -Sales Information Sales Date Book Page Price Instrument Owner Aug-2003 15735 256 $79,000 VVD SINCLAIR LANCE & Feb-1997 09656 0609 $35,000 WD Apr-1986 04850 0505 $15,000 WD May-1983 03939 0819 $100 WD Mar-1981 03481 1382 $5,000 VVD Jan-1978 02824 0761 $15,500 00 Home I I Back I_ ! Search ! I Search Result http:l/www, co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=00434604... 3118/2004 Palm Beach County Property Appraiser Property. Search System Page 1 of 1 ii Subareas for Building 1 ~ba_r_e~ ~q~ F_oot~ge .A._r_e_a_ .A.r..e_ _a _Und_e_rA[r_ AS BASE AREA 976 976 GR FINISHED GARAGE 320 0 OP UNFINISHED OPEN PORCH 84 0 Total . 1,380 976 -Structural Elements for Building 1 EXTERIOR WALL-1 CB STUCCO EXTERIOR WALL-2 N/A ROOF STRUCTURE FLAT ROOF COVER BUILT-UP T/G=1.00 INTERIOR WALL-1 PLASTER=I.00 INTERIOR WALL-2 N/A FLOOR TYPE-1 TERRAZZO MONOLITHIC=.99 FLOOR TYPE-2 CARPETING YEAR BUILT 1955 TOTAL ROOMS BED ROOMS FULL BATH HALF BATH 0 BLDG USE 0100 STORIES 1 [ Show Drawing / Map l --F, ii. i i,~fo ~;ti;;, - http://www, co.palm-beach.fl.us/papa/main/stmct_detail.asp?entity_id=0043460... 3/18/2004 VT.-CONSENT AGENDA CITY OF BOYNTON ITEM C.3. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~_~ [] Consent Agenda [] Public Hearing --r c~ [] Code compliance/Legal Settlements [] Unfinished Business rO ~---~ RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Ulrick and Gislo Dorsainvil for the property at 1086 Seagrape Road, Lantana, Florida (Lot 50, Hypoluxo Ridge Addition 2). 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. FISCAL IMPACT: None TERI~. AT~ES'./~ne. This parcel is within the Utilities servici ~.e~,,~ p nent F~ad's Signature ~ity Manager's ~ignamre Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " S:~BULLETIN~ORMSLa, GENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING 6 EXECUTION OF AN AGREEMENT FOR WATER 7 SERVICE OUTSIDE THE CITY LIMITS AND COVENANT 8 FOR ANNEXATION BETWEEN THE CITY OF BOYNTON 9 BEACH AND LrLRICK DORSAINVIL AND GISLO 10 DORSAINVIL; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the subject property is located outside of the City Limits, but within our 14 water and sewer service area, for the property located at 1086 Seagrape Road, Lantana, 15 Florida (Lot 50, Hypoluxo Ridge Addition 2); and 16 WHEREAS, the parcel covered by this agreement contains a single-family home, and 17 are located in the San Castle/Ridge Grove project area; and 18 WHEREAS, only potable water is available for connection to the property at this 19 time due to recent water main improvements constructed by Palm Beach County as part of a 20 neighborhood improvement project; 21 WHEREAS, City policy requires annexation of the property to be serviced at the 22 earliest practicable time, as a condition of the granting of water services outside its 23 jurisdictional limits; and 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas'~ clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Manager is hereby authorized and directed to execute a Water 30 Service Agreement between the City of Boynton Beach, Florida and Ulrick Dorsainvil and S:\CA'~RESOLa, greements\Water Service'Oorsainvil Water Service Agr.doc 1 Gislo Dorsainvil, said Agreement being attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this __ day of April, 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 24 City Clerk 25 26 27 28 S:\CAXRESOXAgreements\Water ServiceXDorsainvil 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 ,200 , by and betweex! {..~ / C/'~ ~ ~ 0 r- ,5 ~i' ir/g/j' / hereinafter called the "Customer", and tile CITY i2)F IB~YNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide 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/. oe 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 eonform~anee with all codes, roles 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 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 suchiannexation 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 righ~ 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. Annexation is intended to be and is hereby made a covenant mnhing with the land described in paragraph 1 above. This Agreement and the power ofattomey 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 fi.om the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of tifle. 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 rifle to the property which is the subject of this Agreement. IN.WITNESS WHEREOF,the parties hereto have set their hands and seals this ~,/ dayof ,200% WITNESS: INDWIDUAL(S) AS OWNER(S): Signature /~ ' _. - . v ~a~mer S~gn~re tprint~l ~/i{:n~ Name ' - ' printe~l Owner"lg'a~e- Witness Signature Printed Witness Name 3 Wimess Signature Printed Wi~s Nme ~nt~ ~ Nme Wi~ess Silage Pfint~ Wi~s N~e 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 LIAf'i'CJ(., ~2~~V 't | -[ ~l'~[/.) .T~r~'CI ~l | 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 following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this ~ day of ~VI"I~'~ESS: CITY OF BOYNTON ~EAC~, F~OR1])A Mayor ATTEST: City, Clerk 4 STATE OF FLORIDA ) ' ) SS: COIYNTY 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 fi:eely 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 IN~TRI.~N"r PI~_P^RED BY: Josm & Oomn, P.A. Suite 200 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA ~/r,~. $~ # , hereinafter 'Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON B~a, CH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpo, se of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real properly described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authorib/to act on' Grantee's behalf to accomplish annexation by any, available means. The real property which is the subject of this power Is described as follows: . The powers and authority of my attomey, THE CITY OF BOYNTON BEACH, FLORIDA, shall eommenco and bo in full forco and effect on the day of -p Grantee. '., IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of ~.~ r-(~ ,in the year two thousand and'-~) Sealed and delivered in the presence of /' Owner ~8'~n~at'u/r~ Pri~t~V'Wril~ess Name ' Printed Owner Name ~lin~s-s SignatUre - Printed Witness Name Witness Signature ~Signa.ture v -- - . / Printed Witness Name Printed Owner Name Witness Signature Pdnted Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) , FO .~GOING INSTRUMENT wa.s acknowledged before me, this __z~__.~ay. · rt, ~ , ~ ~,;~" ,,,,~,;;~ ;.u ,~-,e or who have produced , NOTARY PUBLIC (~ ?~--o Type ~r~Prlnt Name Commissi6n\NO. My Commission Expires: POA. IND 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 Boynton Beach City limits, they will be required to pay the following: CAPITAL FACILITY CHARGE - 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 det~s-siiine if and when the property may receive water service. 0990 0840 1 in. = 190.5 feet -- 1000 0830 1019 0820 1020 0810 t070 MENTON;[ RD 0750 ' ~ 8 0 60 0640 6 20 0 0250 0240 0230 0220 0020 0030 0040 10050 ~ . ~ ~019 1180 0t70~0160 0150 0140 -~-~lOOs mO0~ 0,00 0110 0120 0130 0190 0360 0350 0340 0330 0320 0310 0300 0290 0180 0200 0140 0130 0120 0110 0t00 ' ~10 , · I 0220 0230 0240 0250 0260 02TO ~SO 0210 0050 ~00~0 OOTO OOSO ~ 0090 . ~ WILKINSON RD 0190 0210 ~00 0190 0180 01Z0 0160 0150 0180 )150 ~ 014010130 0120 0110 0100 _ 0200 ~ - ~80 0091 0100 0110 0120 0130 0140 0010 ~80 0210 I040 ~50 ~60 ~70 0090 ~ j ..... BROWN RO Location Map- Exhibit "A" Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nikotits, CFA Palm Beach County Property Appraiser Public Access System ............... Pr~c~y. !nformation Home Location Address: 1086 SEAGRAPE RD ~~ ~4aP,:I Search Municipality: COUNTY OF PALM BEACH Search Result Parcel Control Number: 00-43-45-09-14-000-0500 Property In :ormation Subdivision: HYPOLUXO RIDGE ADD 2 IN Owner Info~'mation Official Records Book: 07494 Page: 1251 Sale Date: Apr-1992 Structural [ letail Legal Description: HYPOLUXO RIDGE ADD 2, LT 50 Extra Featu res Land Detail Tax Detail [ Owner Information I .......................... · ] .......................... Name: DORSAINVIL ULRICK & GISLO Print Information Mailing Address" 1086 SEAGRAPE RD : . ....... LAKE WORTH FL 33462 5954 ~O~1;! H°-~§03 Certified Appraisal Improvement Value: $83,614 Number of Units: I [StructuraL] Land Value: $20,000 * Total Sq. Ft: 1977 [" -~x~2'~' "~'~ Market Value: $103,614 Acres: .00 [ ~nd... ] Use Code: 0100 Description: SINGLE FAMILY · in residential properties may indicate living area. -2003 Certified Tax I Ad Valorem: $923.14 ~ ~ax'Calc~a~[o'r~ I Non ad valorem: $192.00 I lotal: $1,115.14 t"' "i~it:" iilI -2003 Certified Assessed & Taxable Values Assessed Value: $72,212 Exemption amount: $25,000 (2003 Exemption) Taxable: $47,212 ~2004 Exemption(s) Homestead Receipt~: 0142389 Exemption Address: Regular Homestead: $25,000 TOTAL: $25,000 - Sales Information Sales Date Book Page Price Instrument Owner Apr-1992 07494 1251 $100 QC Dec-1989 06313 0672 $79,000 WD Oct-1988 05828 0249 $100 QC Jun-1983 03985 0284 $73,900 WD Oct-1980 03426 0280 $72,000 WD Jan-1980 03256 1275 $65,500 00 Jan-1978 02964 1672 $52,100 http://www.co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=00434509140000500 3/1/2004 Vt'.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BE, 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 CiW Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 3l, 2004 (Noon) [] May4,2004 April l9,2004(Noon) [] July6,2004 June l4, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July20, 2004 July 5, 2004 (Noon) ~l~- [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Wilson B. Greaton, Jr., Trustee, and Colson & Colson Construction Company as Contract Vendee, for the 6.21-acre parcel located at the intersection of Military Trail and the LWDD L-21 canal. EXPLANATION: The parcel covered by this agreement is currently not developed, but is proposed to accommodate a 136- bed Congregate Living Facility, of approximately 105,200 square feet, with a 2,800 square foot community room. This agreement, signed by both the current owner of the parcel (i.e. Wilson B. Greaton, Jr., Trustee) and the contract vendee (i.e. Colson & Colson Construction Company), includes a clause requiring sale of the parcel to the contract vendee by September 10, 2004. PROGRAM IMPACT: This facility is projected to demand approximately 54.49 equivalent dwelling units (17,000 gallons per day) of potable water and wastewater capacity from the City of Boynton Beach. Currently a water main exists in the Military Trail right-of-way, and will have to be extended at developer expense to serve this project. The nearest wastewater main is located on Leeward Passage Circle, and will also have to be extended to the property at developer expense, across an intervening parcel by virtue of a utility easement to be obtained by this developer. FISCAL IMPACT: None ALTERNATIVES: None. This parcel is within the Utilities service area. S:~BULLETI~,FORMSLA_GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM partm~nt ~e~ City l~an~g~er's Signature Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning (w/copy of attachments and site plan) File " S:~BULLETIN~ORMS~AGENDA 1TEM REQUEST FORM.DOC 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE C1TY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND COVENANT 7 FOR ANNEXATION BETWEEN THE CITY OF BOYNTON 8 BEACH AND WILSON B. GREATON, JR., TURSTEE, AND 9 COLSON & COLSON CONSTRUCTION COMPANY AS 10 CONTRACT VENDEE; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the subject property is a 6.21 acre parcel located outside of the City 14 limits, but within our water and sewer service area, located at the intersection of Military 15 Trail and the LWDD L-21 canal; and 16 WHEREAS, the parcel covered by this agreement is currently not developed, but is 17 proposed to accommodate a 136 bed Congregate Living Facility, of approximately 105,200 18 square feet, with a 2,800 square foot community room; and 19 WHEREAS, the facility is projected to demand approximately 54.49 equivalent 20 dwelling units (17,000 gallons per day) of potable water and wastewater capacity from the 21 City of Boynton Beach; and 22 WHEREAS, currently a water main exists in the Military Trail right-of-way, and will 23 have to be extended at developer expense to serve this project, and the nearest wastewater 24 main is located on Leeward Passage Circle, and will also have to be extended to the property 25 at developer expense; 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. S:\CAXRESO~Agreements\Water Service\Greaton Water Service At0'.doc 1 Section 2. The City Manager is hereby authorized and directed to execute a Water 2 Service Agreement between the City of Boynton Beach, Florida and Wilson B. Greaton, Jr., 3 Trustee and Colson & Colson Construction Company as Contract Vendee, which Agreement 4 is attached hereto as Exhibit "A". 5 Section 3. This Agreement shall not be effective until and unless the property is 6 transferred by fee title to Colson & Colson Construction Co., or its successors or assigns and 7 no documents, including this agreement, shall be recorded unless title to the Property is so 8 conveyed to Colson & Colson Construction Co., or its successors or assigns. Upon such 9 transfer of title, this agreement shall be in full force and effect and all obligations hereunder 10 on the part of the Customer shall be automatically transferred and assume by the grantee 11 named in the deed from the Customer conveying title to the property as aforesaid. 12 Section 3. This Resolution shall become effective immediately upon passage. 13 PASSED AND ADOPTED this __ day of April, 2004. 14 15 CITY OF BOYNTON BEACH, FLORIDA 16 17 18 Mayor 19 20 21 Vice Mayor 22 23 24 Commissioner 25 26 27 Commissioner 28 29 30 Commissioner 31 32 33 34 City Clerk 35 36 S:\CAXRESOXAgreements\Water Service\Greaton Water Service Agr.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS-AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ~ day of March, 2004, by and between Wilson B. Greaton, Jr., Trustee, hereinafter called the "Customer", Colson & Colson Construction CO., hereinafter called "Contract Vendee" and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Flodda, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Flodda; and WHEREAS, Customer has requested that the City of Boynton Beach, Flodda provide water' service to the property owned by Customer; and WHEREAS, in order for the Contract Vendee to obtain zoning approval for commercial development from the Palm Beach County Board of County Commissioners, the property owner must be able to access water services;, and WHEREAS, the Contract Vendee only requires water service if it purchases the subject Property from CUstomer; and WHEREAS, all parties recognize that this agreement, is valid only upon the . occurrence of the Contract Vendee, Colson & Colson Construction Co., Purchasing the property from Customer, at which time the CUstomer will VOluntary annex into the City of Boynton Beach; 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 eadiest 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 54.49 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 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, or if the said real property has been transferred, the transferee, will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer, Or if the said real property has been transferred, the transferee, 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 wdtten 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 th® 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 attomey, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's dghts 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 1 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 transferees, 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, or if the said real property has been transferred, the transferee, hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Flodda, 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 dsing 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 wdting executed by the parties to be bound thereby. 13. Customer hereby acknowledges that it has currently entered into a contract with Colson & Colson Construction Co. for the sale of Property conditioned upon the Contract Vendee obtaining approval from the Palm Beach County Board of Commissioners and/or other municipal agencies' zoning approval for development of the Property and other conditions. 14. This agreement shall not be effective until and unless the Customer transfers legal fee title to the Property to Colson & Colson Construction Co. or its successors or assigns in accordance with the terms of the contract referred to in paragraph 13 mentioned above. Furthermore, no documents, including this agreement, shall be recorded unless title to the Property is so conveyed to Colson & Colson Construction Co. or to its successors or assigns. Upon such transfer of title, this agreement shall be in full force and effect and all obligations hereunder on the part of the Customer shall be automatically transferred and assumed by the grantee named in the deed from the Customer conveying title to the Property as aforesaid, whereupon 3 Wilson B. Greaton, Jr., their heirs and assigns, shall be deemed released from any further liability or obligation hereunder. 15. Notwithstanding any other term or provision in this Agreement, this Agreement will be null and void, if the Contract Vendee has not acquired the property by ~)~), 200~:. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this //, day of March, 2004. WITNESS: CUSTOMER A~)O~ER(S): Witness Signature l~res'ident-Sig nature Linda Moller Wilson B. Greaton, Jr., Trustee Printed Witness Name Printed Name Witness Signature Sandra K. Grau Printed Witness Name Witness Signature Secretary Signature Printed Witness Name Printed Name Witness Signature Printed Witness Name FOR- G-O ~-T-E' N OTA RtZA-T-~Nt STATE OF FLORIDA ) BROWARD ) SS: COUNTY OF PA~dSE-A~F0 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 Wilson B. Greaton, Jro, Trustee, to me known to be the person(~) described in and who executed the foregoing instrument that he/~3~ acknowledged before me that he/s~m~ executed the same; that the individual was perso_nally known to me or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this 16 day of March , 200_4 (Notary $eal},,~¢;~,, Linda Moiler -,~_-~"' '¥g Commission ~DD166463 Nota~ Public ~.. ~.~;~ Expires: Dec 29, 2006 ........ Atl~tic Bonding Co., Inc. 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 WITNESS: CONTRACT .VENDEE: Witness Signature ame Printed Name 'Witne~ignature~ PrinteO Witness ~amo FO~RRFORATE NOTAP, IZATION)-- STATE OF FLOr, ID,*, ) ) ss: COUNTY OF I HEREBY GERTIF¥~hat on this day, before me, an officer duly authorized in the State aforesaid.and in the ..Gqunty aforesaid to.take ackno.w~dgmerlts, personally appeared ~191[U Q.,r)h ~. (~16om ~ ~u~,rUl, ,,~q ~e-*~'r-J//"~'/~to me known to be the person(s) described in and who ex,'cured the foregoing instrument that he/91~ acknowledged before me that he/,a¢~ executed the same; that the individual was WITNESS my bane ~nd official seal in th~ County and State last aforesaid this (Notary Seal) ~ ~, ~~ Notary Public THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commemial Blvd. Suite 200 Ft Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF mzowz]~o I/~t~, Wilson B. Greaton, Jr., Trustee , 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: See Exhibit "A" The powers and authority of my attomey, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 16 day of March ., 20 04 and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of March , in the year two thousand and four Sealed and delivered in the presence of Witness Signature OWner Signature - Linda Holler Wilson B. Greaton, Jr., Trustee Printed Witness Name Printed Owner Name Witness Signature Sandra K. Grau Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) BROWARD ) SS: COUNTY OF PAL-M-EtC-AC,-H ) THE FOREGOING INSTRUMENT was acknowledged before me this 16 day of March , 20 04, by Wilson B. Greaton, Jr., Trustee a~d -- , who are known to me or who have produced -- , as identification and who did/did not take an oath. NOTARY PUBLIC Linda Moller Type or Print Name Commission No. My Commission Expires: ,,., ....... ~, ,,, Linda Moiler _..;~?... ~-.. _-~.' , '.~-. Commission #DDI06463 POA.IND ~f~ Expires: Dec 29, 2006 ',~o~ ~; ,-' Bonded Thru ",, .... Atlantic Bonding Co., Inc. Exhibit A LEGAL DESCRIPTION: THAT PART OF THE WEST HALF (W. ~) OF THE SOUTHWEST QUARTER (S. W. ~) OF THE NORTHWEST QUARTER (N. W. ~) OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING A T THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (N. IA/. ~) OF SAID SECTION 13; THENCE N. 89°35'O2"E., ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (N. W. ~) OF SAID SECTION 13, A DISTANCE OF 659.63 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF (W. ~) OF THE SOUTHWEST QUARTER (S. W. ~) OF THE NORTHWEST QUARTER (N.W. ~) OF SAID SECTION 13; THENCE N.O°54'42"W., ALONG SAID EAST LINE, A DISTANCE OF 40.0 FEET TO A POINT ON A LINE 40.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST QUARTER (N. W. ~) OF SAID SECTION 13 AND THE POINT OF BEGINNING; THENCE CONTINUE N.O°54'42"W., ALONG SAID EAST LINE, A DISTANCE OF 852.60 FEET TO A POINT ON THE SOUTH- EASTERLY RIGHT OF WAY LINE OF MILITARY TRAIL (STATE ROAD 80g); THENCE S. 44°29'36"W., ALONG SAID SOUTH-EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 72.75 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHEAST HA VING A CENTRAL ANGLE OF 29003':58'' AND A RADIUS OF 1850.08 FEET; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 938.54 FEET TO A POINT ONA LINE 40.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST QUARTER (N.W. ~) OF SAID SECTION 13; THENCE N. 89°35'O2"E., ALONG SAID PARALLEL LINE, A DISTANCE OF 528.26 FEET TO THE POINT OF BEGINNING. CONTAINING 6.21 ACRES MORE OR LESS. 1 in. = 308.0 feet 3131 Location map - Parcel 00-42-45-13-00-000-3050 Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nikolits, CFA Palm Beach County Property Appraiser Public Access System - Property Information Location Address: MILITARY TRL Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-42-45-13-00-000-3050 Subdivision: Official Records Book: 14381 Page: 1995 Sale Date: Nov-2002 13-45-42, TH PT OF W 1/2 OF SW 1/4 OF NW 1/4 AS IN DB983 P134 (LESS 10.39 FT SR 809 Legal Description: RD R/W AS IN OR6054P1100 -Owner Information Name: GREATON VVILSON B JR TR Mailing Address: I HENDRICKS ISL FORT LAUDERDALE FL 33301 3702 -2003 Certified Appraisal Improvement Value: $0 Number of Units: I SttucturaL-I Land Value: $1,089,363 * Total Sq. Ft: 0 l Exlra., Market Value: $1,089,363 Acres: 5.77 ~ Land... Use Code: 1000 Description: VACANT COMMERCIAL · in residential properties may indicate living area. -2003 Certified Tax Ad Valorem: $21,300.31 ~ [Tax C~l¢~lat~'d ] Non ad valorem: $198.30 Total: S21,498.61 ! Detail... -2003 Certified Assessed & Taxable Values Assessed Value: $1,089,363 Exemption amount: $0 (2003 Exemption) Taxable: $1,089,363 Exemption Information Unavailable. -Sales Information Sales Date Book Pa_~e Price Instrument Owner Nov-2002 14381 1995 $10 WD GREATON WILSON B JR TR Jan-1989 06130 1729 $100 QC Ju1-1983 04018 0817 $325,000 WD Jan-1980 03213 0899 $175,000 00 ! http://www, co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=00424513000003050 3/30/2004 Page 1 of 1 Gary R. Nikolits, CFA Palm Beach County Property Appraiser Property Mapping System ~'~10 - Pamel Control Number 30424513000003050 Jl~oI (e~. 7~322120080010) - S~t Intemection ~l c~ty Ran~e, Township, S~tion Legend Palm Beach County Property Map Map Scale 1:7291 l--------I Parce! B olw~dap~r [--~-~-I LM nunt~e~ Copyright Palm Beach County 2003 All Rights Reserved - Subject to a License Agreement. Map produced on 3/30/2004 from PAPA http://gisweb~c~~pa~m-beach~~~us/papagis/presentati~n/mapping/printnew.asp?MAPURL=... 3/30/2004 AFFIDAVIT STATE OF FLORIDA ) :SS. COUNTY OF BRONARD ) BEFORE ME, the undersigned authority, personally appeared ELIZABETH GREATON STEPHANY ("Affiant"), who, first being duly sworn, on oath, deposes and says: 1o Affiant is a duly qualified attorney practicing law in Fort Lauderdale, Broward County, Florida; her Florida Bar number is 0829293. 2. Affiant represents Wilson B. Greaton, Jr., Trustee, owner of the property located in Palm Beach County, Florida, and legally described on the attached Exhibit "A' (the "Property"). 3. Affiant is of the opinion that Wilson B. Greaton, Jr., Trustee, is the legal owner of the Property and is authorized to execute all documents relating to the Property FURTHER AFFIANT SAYETH NAUGHT. E~LIZ~{BETH GR~ATON STE~H~ Sworn to and subscribed before me this 17th day of March, 2004, by ELIZABETH GREATON STEPHANY, who is personally known to me. LINDA MOLLER, Notary Public State of Florida at Large My Comm. Expires: ,2~.~Z,., L~da Moiler My Comm. No. is: --'"~'7 Commission #DD166463 ~ x~}$~ Expires: Dec 29, 2006 '"'""" ~q~n{ic Bond ng Co Exhibit A LEGAL DESCRIPTION: THAT PART OF THE WEST HALF (W. ~) OF THE SOUTHWEST QUARTER (S.W J~) OF THE NORTHWEST QUARTER (N.W. ~) OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING A T THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER (N.W. ~) OF SAID SECTION 13; THENCE N. 89°35'O2"E., ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (N.W. ~) OF SAID SECTION 13, A DISTANCE OF 659.63 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF (W. ~) OF THE SOUTHWEST QUARTER (S.W. ~) OF THE NORTHWEST QUARTER (N.W. ~) OF SAID SECTION 13; THENCE N.O°54'42"W., ALONG SAID EAST LINE, A DISTANCE OF 40.0 FEET TO A POINT ON A LINE 40.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST QUARTER (N. W. ~) OF SAID SECTION 13 AND THE POINT OF BEGINNING; THENCE CONTINUE N.O°54'42"W., ALONG SAID F_AST LINE, A DISTANCE OF 852.60 FEET TO A POINT ON THE SOUTH- EASTERLY RIGHT OF WAY LINE OF MILITARY TRAIL (STATE ROAD 809); THENCE S. 44°29'36"W., ALONG SAID SOUTH-EASTERL Y RIGHT OF WA Y LINE, A DISTANCE OF 72. 75 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A CENTRAL ANGLE OF 29003'58'' AND A RADIUS OF 1850.08 FEET; THENCE SOUTHWESTERL Y, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 938.54 FEET TO A POINT ON A LINE 40.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTHWEST QUARTER (N.W. ~) OF SAID SECTION 13; THENCE N. 89°35'O2"E., ALONG SAID PARALLEL LINE, A DISTANCE OF 528.26 FEET TO THE POINT OF BEGINNING. CONTAINING 6.21 ACRES MORE OR LESS. VI'.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM C.5. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 Ma~ch 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April20,2004 AprilS, 2004(Noon) [] JunelS, 2004 May 31, 2004 (Noon)'g'' [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) ~ [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 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: Approve and execute via a resolution the agreement between Palm Beach County and the City to provide funding for the HeritageFest Coronation and Youth Awards Banquet. EXPLANATION: The HeritageFest Committee is seeking support to offset the cost of the Coronation and Awards Banquet. The funding is available from the County's Recreation Assistance Program District 7. County Commissioner Addle Greene has authorized the allocation of up to $5,000 for this purpose. PROGRAM IMPACT: The Coronation was held on February 8, and the Awards Banquet was held on February 22, 2004. As is noted on the letter from Palm Beach County staff (exhibit C), payment request or any reimbursement documentation is not being requested until after the Agreement has been executed by the Board of County Commissioners and returned to the City. The HeritageFest Committee is requesting $5,000 to offset the costs of the two events (exhibit A). FISCAL IMPACT: It expected that $5,000 will be received from Palm Beach County. ALTERNATIVES:~ Do~~not execute the, agreement. ~~z4,n:?-~X ' IS~arm~t Head's Si~atufe ' ~qty 1Tvlanager's'Signature RECREATION & PARKS Department Name City Attorney / Finance / Human Resources S:~BULLETINLFORMS~G~A ITI~VI REQUEST FORM.DOC 1 RESOLUTION R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE 5 CITY MANAGER TO EXECUTE AN AGREEMENT 6 BETWEEN PALM BEACH COUNTY AND THE CITY 7 OF BOYNTON BEACH, PROVDING FOR FUNDING 8 OF HERITAGEFEST CORONATION AND YOUTH 9 AWARDS BANQUET; AND PROVIDING AN 10 EFFECTIVE DATE. 12 WHEREAS, the City of Boynton Beach sponsored the annual 13 Heritage Festival during the month of February 2004, to develop a sense of 14 community where children and adults of all ethnic backgrounds work, play 15 and celebrate as one; and 16 WHEREAS, this event attracted approximately 20,000 participants; 17 and 18 WHEREAS, the City has requested an amount of $5,000 to offset the 19 cost of the Coronation Event and the Youth Awards Banquet Events, and the 20 County is desirous of providing funding in an amount not to exceed $5,000 to 21 assist the City in these two events; 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 23 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, 24 THAT: 25 Section 1. This Commission does hereby authorize and direct the 26 City Manager to execute an Agreement between Palm Beach County and the 27 City of Boynton Beach, for funding of for the HeritageFest Coronation and 28 Youth Awards Banquet, which Agreement is attached hereto as Exhibit "A". funding.doc 1 Section 2 That this Resolution shall become effective 2 immediately upon passage. 3 PASSED AND ADOPTED this __ day of April, 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 11 Vice Mayor 13 14 Commissioner 15 16 17 Commissioner 18 20 Commissioner 21 ATTEST: 22 23 24 City Clerk 25 26 27 (Corporate Seal) 28 29 30 S:1 iA~J:lESO~,greements\lnterlocals~HeritageFest Reso - funding.doc AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF HERITAGEFEST CORONATION AND YOUTH AWARDS BANQUET THIS AGREEMENT is made and entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County", and the City of Boynton Beach, a Florida Municipal Corporation, hereinafter referred to as "Boynton Beach". WITNESSETH: WHEREAS, Boyr~ton Beach sponsored the annual Heritage Festival (HeritageFest) during the month of February 2004, to develop a sense of community where children and adults of all el~hnic backgrOunds work, play, and celebrate as one; and WHEREAS, HeritageFest Events included a coronation event, Story hour, academic contests, family night, arts and science fair, youth basketball tournament, youth recognition banquet, men's basketball tournament, carnival, Caribbean celebration, parade, dance party, and gospel and art "explosions"; and WHEREAS, HeritageFest attracted approximately 20,000 participants; and WHEREAS, Boynton Beach has requested an amount of $5,000 to offset the cost of the Coronation Event held on February 8, 2004, and the Youth Awards Banquet Event held on February 22, 2004 at the Boynton Beach Holiday Inn Catalina; and WHEREAs, Coronation Event. costs included meals, Miss Black USA appearance fee, airline ticket, hotel room, and tiara, and Youth Banquet costs included meals, trophies, and awards; and WHEREAS, County desires to prOvide funding to help offset costs for the Coronation Event and the Youth BanqUet; and WHEREAS, funding for said event in an amount not to exceed $5,000 is available from the Recreation Assistance Program - District 7; and WHEREAS, Boynton Beach's cultural arts, recreational, and community events are deemed to sewe a public purpose; and WHEREAS, bOth parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the covenants' and promises contained herein, the parties hereby agree to the following terms and conditions: 1. County agrees to fund an amount not to exceed $5,000 to Boynton Beach for the Coronation Event held on February 8 2004, and the Youth Awards Banquet held on February 22, 2004 at the'HeritageFest for meals, Miss Black USA appearance fee, airline ticket, hotel room, tiara, trophies, and awards,, as specifically set forth in Exhibit "A", attached hereto and incorporated herein, hereinafter referred to as the "Project". 2. County'will use its best efforts to provide said funds to Boynton Beach on a reimbursement-basis within forty-five (45) days of receipt of the following information: a. A written statement that the Project, as specified herein, was carried out in accordance with this Agreement; and b. A Contract Payment Request Form and a Contractual'Services Purchases Schedule Form attached hereto and made a part hereof as Exhibit "B", which are required for each and every reimbursement requested by Boynton Beach. Said information Shall list each invoice paid by Boynton Beach and shall include the vendo~ invoice number; invoice date; and the amount paid by Boynton Beach along with the number and date of the respective check for said payment. Boynton Beach shall attach a copy of each vendor invoice paid by Boynton Beach along with a copy of the respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule. Further, Boynton Beach's Program Administrator and Project Financial Officer shall certify thetotal funds spent by Boynton Beach on the Project and shall also certify that each vendor invoice, as listed on the Contractual Services Purchases Schedule was paid by Boynton Beach and approved by Boynton Beach. as indicated. 3; Boynton Beach incurred expenses for the Project beginning on October 1, 2003. Those costs incurred by Boynton Beach for the Project, approved and submitted acCOrdingly by. Boynton. Beach 'subsequent 'to October 1, 2003, are eligible for reimbursement by County pursuant to the terms and conditions hereof. 4. RAp funds may be used' as a.match for other local, state, or federal grant programs, but Boynton Beach may. not submit reimbursement requests for the same expenses to the County as other fund sources to receive duplicate reimbursement for the same expenses. 5. Boynton Beach agrees, warrants, and represents that all of the employees and participants in the Project will be treated equally during employment, and for the provision of services without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 6. Boynton Beach shall be responsible for all costs of operation and maintenance of the Project. 7. The term of this Agreement shall be for three (3) months, commencing upon the date of execution by'the parties hereto. 8. The parties agree that, in the event Boynton Beach is in default of its obligations under this Agreement, the County shall provide Boynton Beach thirty (30) days written notice to cure the default. In the event Boynton Beach fails to cure the default within the thirty (30) day cure period, the County shall have no further obligation to honor reimbursement requests submitted by Boynton Beach for the ProjeCt deemed to be in default and Boynton Beach shall return any County RAP funds already collected by Boynton Beach for that Project. 9. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by the County, without cause, upon thirty (30) days prior written notice to the other party. This Agreement may be terminated by the County with cause, upon expiration of the thirty (30) day cure period provided for in Section 8 above. 10. Boynton Beach shall complete the Project and shall provide its final reimbursement request(s) and final accounting data to County for the completed project on or before three (3) months from the date of execution by the parties heretO.. Upon written nOtification to County at least ninety (90) days pdor to that date Boynton Beach-may request an extension beyond this period for the purpose of completing the' Project; County shall nOt unreasonably deny Boynton Beach's request for said extension. 11. In the event B°ynton Beach ceases to exist, or ceases or suspends the Project for any reason, any remaining unpaid portion of the Agreement shall be retained by County, and County shall have no fUrther obligation to honor reimbursement requests submitted by Boynton Beach. The determination that Boynton Beach has ceased or suspended the Project shall be made by County and Boynton Beach agrees to be bound by County's determination, 3 12. Boynton Beach agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, Palm Beach County does not waive the requirements of any County or local ordinance or the requirements of Obtaining any permits or licenses which. are normally required to conduct business'or activity conducted by Boynton Beach. Failure to comply may result in County's refusal to. honor reimbursement requests for the Project. 13. County reserves the right to withhold reimbursement if the Project is not ' completed as specified in Exhibit "A~. 14. It is understood and agreed that Boynton Beach is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of County or its Boa, rd of County Commissioners.' It is further acknowledged that the County only contributes funding under this Agreement and operates no control over the Project. In the event a claim or lawsuit is brought against County or any of its officers, agents or employees, Boynton Beach shall 'indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgements, and/or causes of action of any type arising out of or relating to any intentional or negligent act or omission of Boynton Beach, its agents, servants and/o~ employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. In consideration fo.r reimbursement Of costs incurred prior to the term of this Agreement, the foregoing indemnification shall apply not only during the term of this Agreement but also apply for the period prior to the Agreement for which Boynton Beach is eligible to receive reimbursement from the County. 15. Boynton Beach shall,, at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverages and limits (including endorsements), as described herein. The requirements contained herein, as well as County's review of 'acceptance .of insurance maintained by Boynton Beach are not intended to and shall not in any .manner limit or qualify the liabilities and obligations assumed by Boynton Beach under the contract. Commercial General Liability. Boynton Beach shall maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by County's Risk Management Department, Boynton Beach shall provide this coverage on a primary basis. Worker's Compensation Insurance & Employer's Liability. Boynton Beach shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440, Boynton Beach shall provide this coverage on a primary basis. Additional Insured. Boynton Beach shall endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and A.qents." Boynton Beach shall provide the Additional Insured endorsements coverage on a primary basis. waiver of Subro.qation. Boynton Beach hereby waives any and all rights of Subrogation against the County, its officers, employees and agents for each required policy. When required by the insurer, or should .a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then Boynton Beach shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a Condition to the policy specifically prohibits such an endorsement, or voids coverage should Boynton Beach enter into such an agreement on a pre-loss basis.' Certificate(s) of InsUrance. Prior to executien of this Agreement by the County, Boynton Beach shall deliver to the County a Certificate(s) of coverage evidencing that all types and amounts of insurance coverages required by this Contract have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non- renewal of coverage. Certificate holder's address shall read Palm Beach County, 5 c/o Parks and Recreation Department, 2700 Sixth'Avenue South, Lake Worth, FL 33461, Attention: Contract/Grant Coordinator. Right to Review. County, by and through its Risk Management Department, in cooperation with the contracting/monitoring department, reserves the right to review; modi~j, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the term of'this Contract. County reserves the right, but notthe obligation, to. review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. 16. Upon request by County, Boynton Beach shall demonstrate financial accountability through the submission of acceptable financial audits performed by an independent auditor. 17. Boynton Beach shall maintain books, records, documents and other evidence which sufficiently and propedy reflect all costs of any nature expended in the performance of this Agreement for a pedod of not less than five (5) years. Upon advance notice to Boynton Beach, County shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. 18. The County and Boynton Beach may pursue any and all actions available under law to enforce this .Agreement including, but not limited to, actions arising from the breaCh of any. Provision set forth herein. 19. This. Agreementshall be governed by the laws of the State of .Florida and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 20. As Provided in Section 287.132-133, FlOrida Statutes, by entering into this Agreement or performing any work in furtherance hereof, BoYnton Beach certifies that it, its affiliates, supplierS,. subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof. This notice is required by Section' 287.133 (3)(a),' Florida Statutes. 21. This Agreement represents the entire agreement betWeen the parties and supercedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. The Agreement may be modified and amended only by written instrument executed by the parties hereto. 22. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by UiS. mail. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Redreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to Boynton Beach: City Manager City of Boynton Beach 100 North West 1st Avenue Boynton Beach, FL 33444 23. This Agreement is made solely and specifically among and for the benefit ofthe parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. An'EST: PALM BEACH COUNTY, FLORIDA, BY' ITS DOROTHY H. WILKEN; Clerk BOARD OF couNTY COMMISSIONERS By, By: ATI'EST: CITY OF BOYNTON BEACH, BY ITS CITY By:, City Clerk COMMISSION Mayor APPROVED AS TO FORM AND APPROVED AS TO TERMS LEGAL SUFFICIENCY AND CONDITIONS By: By: COunty Attomey Dennis L. Eshleman, Director Parks and Recreation Department March 5, 2004 Department of Ms. Mary DeGraffenreidt, Recreation Manager Parks and Recreation C/O. Ezell Hester Recreational Center 2700 6th Avenue South 2901 N. Seacrest Boulevard Ua~e Worth, ~L ~461 Boynton Beach, FL 33435 (561) 966-6600 RE: DISTRICT 7RECREATION ASSISTANCE PROGRAM- FUNDING AGREEMENT FAX: (561) 642-2640 FOR THE HERITAGEFEST CORONATION AND YOUTH AWARDS BANQUET www. pbcgov, com Dear Ms. Graffenreidt: · Attached for signature on behalf of the City of Boynton Beach are two originals of a funding Agreement in an amount not to exceed $5,000 to assist with costs for the Coronation and Youth Awards Banquet events held during the month long HeritageFest. eatm B~ C~unt7. This funding is from the Recreation Assistance Program (RAP) District 7. The Agreement soat~ o~ Coun~ has been written to allow for the reimbursement of pre-agreement expenses subsequent ~omn~lssioners to October 1, 2003. Expenses eligible for reimbursement include F~ren T. Marcus, Chair 30nv Masilotti, Vice ~hairman Please see that both originals are executed on behalf of the City of Boynton Beach and retum them to me at your earliest convenience. Include: 1) an up to date certificate of jeff ~[oons . insurance meeting the requirements indicated in Section 16 of the Agreement and 2) a worker'.s compensation insurance certificate. Warren H. Newell Ma,TMcCam, DO not complete Exhibit "B' to the Agreement or return any reimbursement documentation until after the Agreement has been executed by the Board of County ~B~rt Aaronson Commissioners and returned to you. An instruction sheet ("Documentation Procedure Ad(fie L Greene RAP/Bond Request for Reimbursement) is attached to assist in preparing your. reimbursement request after approval of the funding Agreement. If you have any questions on the Agreement or the reimbursement process, feel free to contact Susan Yinger, Administrative Support Manager, at 966-6653. On behalf of County ~tmin~s~r Commissioner Addie Greene~ we look forward to placing this Agreement on the agenda Robert Weisman for approval by the Board of County Commissioners. SincereN. ~ Dennis L. Eshleman, Director Parks and Recreation Department DLE:SWY Attachments - Two original RAP Agreements for execution Copy to: Commissioner Addie L. Greene, District 7 · -: ,the Act/on Embryo' J$.~ - 9 2O04 P.O. Box 310 Boyaton Beach, FL 33425-0310 (561) 737-6067- (561) 737-6067 Board of County Commissioners Attention: Commissioner Addie Greene 301 N. Olive Avenue, 12th Floor West Palm Beach, FL 33401 General Information Organization: HeritageFest 2004 - City of Boynton Beach Mailing Address: P.O. Box 310, Boynton Beach, FL 33425-0310 Physical Address: 100 East Boynton Beach Blvd. PURPOSE & AMOUNT OF THE GRANT REQUEST To defray the cost of the HeritageFest Coronation and Awards Banquet, the City of Boynton Beach and the HeritageFest Committee is hereby requesting $5,000 to offset the cost of the two events. ~..__------ The Coronation will be held on Saturday, February 8th, and the Youth Awards Banquet will be held on Saturday, February 22nd. Each event will be held at Boynton Beach Holiday Inn Catalina. Because HeritageFest is a City of Boynton Beach Special Event, and the City is the fiscal agent for the event, checks must be made payable to the City of Boynton Beach/HeritageFest. We look forward to finalizing this venture with you, and thank you in advance for your consideration on this request. If additional information is required, please feel free to contact me at (561) 737-6067. ~,nge~ Girtman, HeritageFest Chairwoman Heritage Festival, Vision Statement: To develop a sense of community where children and adults of all ethnic backgrounds work, play and celebrate ;~S orte. Heritage Festival, Mission Statement: "To provide a celebration of Culture that motivates, empowers and informs the public of the ties that binds our community together throUgh the enjoyment of the arts, education and pdde in African-American accomplishments and heritage." Location: Boynton Beach Projected Attendance A) Number: 20,000 B) Demographics: Families, multiple ages and cultural heritage Event Schedule Date: February 2004 Week I February 6~h 7th & 8th 3ronation Scholarship Event Holiday Inn February 8th .Gory Hour City Library February 7th Essay, Oratory and Spelling Bee Contest City Library February 7"~ Week 2 February '!3th '14th & 15th Family Night Bowling Alley February 13a Week 3 February 20th 21st & 22nd Art, Science Fair Boynton Beach Mall February 214 Youth Basketball Tournament Hester Center February 20th/2t" Youth Recognition Reception Holiday Inn' February 22"d Week 4 February 27th 28th & 29th Male Basketball Tournament Hester Center February 27"' 28th Carnival HesterCenter February 27~28m 29th Caribbean Celebration Seacrest/MLK February 27th Parade Seacrest February 28th Old School Dance Party Hester Center February 28t~ Gospel Explosion Hester Center February 29th Art Explosion (FashiOn Show pdnt mediums, spoken word) Hester center February 29~h Coronation Banquet Hcri,a~..Feat Cm(~nsfiOn Banquct*w0a-Held 2/W08 at.thg Holiday ~n Caml~ ~g p~ ~~FeV Co~fi~ w~ ~o provide gholarshiP sc~ls w)~ ~ con~ voider ~ices m thc c~u~, m~ ~ ~vc ~i~d a ~ 0['~ ~ well ~ ~ cx~se them to cult~l actiones ~ ~. ].~ yegg ]~i~ x~ requ~ to ~ite a 500 word espy tm ~ H~~t "O~l~ t~ ~~fi~", ~d to ora~ly ~nt thc ~so~ at ~ b~ q~ Y~g ~t~ ~l~ ~.o be on ~ ~t~ bi~d on their ca~y, ~. T~ ym~ ~op~c ~pv~nted the H~mgc~ ~~ ~ ~ ~ ~d ~e Tap Ki~ at the K~avis Cen~r,T~ ]~ ~ Life ~ F~hi°e,. e~e ~y Fashion Fair. ~e ~k US~ El~ Mum wu t~ ~m s~r for ,~~1 ~ sb~ t~]a~ b~ o~jO~y ~om "ob. vt~e.~ a~~ aa ~ L~ Ve~ ~ at 4 ~s old, ye~s ofchi[d.~. ~r ~o~y was t~ly o~ of ov~om~ ex.rises ~rc a s ~o]lo~: Miss ~l~c USA a~ce f~e ~.~ atdi~ t~ ~ 34~.~ h~l ~oon~ 9~.~ ~e~ 10(~ $12.90 ~h 129.~ Youth R~nition Banquet yOUth Re~on ~ was h~l~ on 2~3/04 at he Holily I~ Cam]i~ ~ ~of '~t ~m ~ ~ ~m ~ophies and ~holarShi ~ em~; om~. s~:lling b~..~ien~. A~}~c Exc~lle~e Peffo~i~g ~s Aw~ Co~uniW ~ Award T~ ~L ~,u~, ~t (~.~n s~w, ~a ~e~ S~r for ~s ~~ ~e s~ke on ~ him. He sO,ed ~t ~ ~ at a ~Jy ~c obstacleS, for this event were as ~bilo~: meals I0O (~ $20_00 $ Tommy F~d's~ranee-fee .............. tzop~ ~ m~lio~ 321.25 aiffa~ ft~ Mr. Ford 22~.~ ~o~s 28%00 . *total $ 5337,2~ ~- ~.spe~tfully submitted,/ ,-. t ngeli D. Oirm~a, ,¢h~irperson Janet ..... Odginal Message ..... From= Pawelczyk, Mike Sent: Wednesday, Apdl 07, 200~ 10:56 AM To: Hawkins, Wilfred Cc: Prainito, 3anet; Lamanna, Rosemade; Ramsey, Mary; Magazine, Chuck Subject: 4/20 Commission Agenda - Hedtagefest funding agreement The above item is scheduled to be considered by the City Commission at its meeting of April 20, 2004. I have reviewed the proposed AIRF and the attached agreement and suggest that the insurance provisions of Section 15 be forwarded to and reviewed by the Risk Manager. I do not believe the City typically names other government entities as "additional insureds," as is set forth in this section 15. To the contrary, previsions in agreements with the County generally require the City to have adequate insurance or be adequately self-insured, and make each party liable for its own acts, omissions, or negligence. Please forward any revisions of this Agreement to our office as soon as possible, if such revisions are deemed necessary by Risk Management. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me. Mike Pawelczyk Assistant City Attorney VI.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM C.6. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City. Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) ~ ~"~ [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) ::~ c'} -ri [] Maya, 2004 April 19, 2004 (Noon) 1~ July 6, 2004 June 14, 2004 (Noon)t'O zl:~ [] Ivlay 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) ~ .~ ~ [] Administrative [] Legal :aZ NATURE OF [] Annotmcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve the Interlocal Agreement between the City and the School Board of Palm Beach County for the mutual use of facilities EXPLANATION: The City and School Board recognize the benefit of cooperation in the provision of services and facilities for the needs of our community. PROGRAM IMPACT: The School Board desires to utilize certain City recreation facilities for the benefit of their programs and activities. The City desires to use the School District facilities for various recreation programs/activities and City events. School District facilities shall be available by the City when not required by the Board for daily public education. City recreation facilities shall be available to the School when not required for City programs or other scheduled events. FISCAL IMPACT: N/A ALTERNATIVES: Do not approve agreement. epartmen eads ignature ' e RECREATION & PARKS Department Name City Attorney / Finance / Human Resources S:LBULLETINLeORMS~AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE 5 MAYOR AND CITY CLERK TO EXECUTE AN 6 INTERLOCAL AGREEMENT BETWEEN THE C1TY OF 7 BOYNTON BEACH AND THE SCHOOL BOARD OF 8 PALM BEACH COUNTY FOR MUTUAL USE OF 9 FACILITIES; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, it is the desire of the City and the School Board of Palm 12 Beach County to enter into an Inteflocal Agreement for the mutual use of 13 recreational facilities; and 14 WHEREAS, the School Board and the City recognize the benefit of 15 cooperation in the provision of services and facilities for the needs of our 16 community; and 17 WHEREAS, the purpose of this Agreement is to enable the Board and 18 City to utilize each other's recreational facilities and provide a procedure for 19 authorizing usage; 2O NOW, THEREFORE, BE IT RESOLVED BY THE CITY 21 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, 22 THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and 24 confirmed as being tree and correct and are hereby made a specific part of this 25 Resolution upon adoption hereof. 26 Section 2. Upon recommendation of staff, this Commission does 27 hereby authorize and direct the City Manager to execute the Interlocal 28 Agreement between the City and School Board of Palm Beach County, which School Board - recreational facilities.doc 1 is attached hereto as Exhibit "A". 2 Section 2 That this Resolution shall become effective 3 immediately upon passage. 4 PASSED AND ADOPTED this __ day of April, 2004. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 12 Vice Mayor 13 14 15 Commissioner 18 Commissioner 20 21 Commissioner 22 ATTEST: 23 24 25 City Clerk 26 27 28 (Corporate Seal) 29 30 S:~ ~\RESO~,greements\lnterlocals\lnterlocal - School Board - recreational facilities.doc INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE MUTUAL USE OF RECREATIONAL FACILITIES This Interlocal Agreement is made this day of ., 20 , between the City of Boynton Beach, a municipal corporation of the State of Florida, ("City") and the School Board of Palm Beach County, Florida, a corporate body politic pursuant to the Constitution of the State of Florida ("Board"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WlTNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as defined therein, to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the City and Board recognize the benefits to be derived by utilizing each other's facilities thereby minimizing the duplication of facilities; and WHEREAS, the City and Board desire the ability to use the facilities of the other. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 2. Purpose. The purpose of this Agreement is to enable the Board and City to utilize each other's recreational facilities and provide a procedure for authorizing the use of the Board's recreational facilities by City-affiliated recreation groups and organizations that have been approved by the parties. 3. Definitions. A. "Board Facilities" and "Board Facility" mean facilities owned or operated by the Board that are made available for public use by the Board and are used primarily for recreational activities, excluding facilities that are leased, licensed or under the contractual control of others. The terms "Board Facilities" and "Board Facility" shall include, gymnasiums; playgrounds; swimming pools; tennis, racquetball and basketball courts; athletic fields; and tracks. B. "City Facilities" and "City Facility" mean facilities owned or operated by the City that are made available for public use by the City and are used primarily for recreational activities, excluding facilities that are leased, licensed or under the contractual control of others. The terms "City Facilities" and "City Facility" shall include, parks; wrestling rooms; gymnasiums; pavilions; community center; playgrounds; swimming pools; tennis, racquetball and basketball courts; and athletic fields. C. "City Manager" means the City Manager of the City of Boynton Beach, Florida or his/her designee. D. "Facilities" means the Board Facilities and City Facilities. E. "Priority of Use" means the priority of uses when there are conflicting requests for the use of a Facility. For Board Facilities, the Priority of Use shall be as follows: 1. Board activities and programs or Board Facility lease agreements; and 2. County activities and programs pursuant to the Interlocal Agreement entered into by the Board and Palm Beach County dated October 15, 2003; 2 3. City or City Recognized Sports Provider activities and programs pursuant to this Agreement. For City Facilities, the Priority of Use shall be as follows: 1. City or City Recognized Spods Provider activities and programs or City facility rental agreements; and 2. Board activities and programs pursuant to this Agreement. F. "Recognized Sports Provider" mean an organized recreation group or organization identified in the attached Exhibit "A", which may be amended or supplemented from time to time upon the mutual agreement of the Board's Chief Operating Officer and the City Manager, without formal amendment hereto. 4. Use of Facilities by the Parties. A. The Board agrees to make the Board Facilities available for use by the City according to the Priority of Use at no cost or expense to the City, except as otherwise provided for in this Agreement. The City's use of the Board Facilities shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the Board's rules, regulations and policies governing the use of the Board Facilities; (iii) any grant or bond obligations pertaining to the use of any of the Board Facilities; and (iv) all applicable local, state and federal laws. B. The City agrees to make available the City Facilities for use by the Board according to the Priority of Use at no cost or expense to the Board, except as otherwise provided for in this Agreement. The following public schools are eligible to request use of City Facilities pursuant to this Agreement: 1. Galaxy Elementary School 2. Rolling Green Elementary School 3. Poinciana Elementary School 4. Forest Park Elementary School 5. Crosspointe Elementary School 6. Congress Middle School 7. Boynton Beach High School 3 The Board's use of the City Facilities shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the City's rules, regulations and policies governing the use of the City's Facilities; (iii) any grant or bond obligations pertaining to the use of any of the City Facilities; and (iv) all applicable local, state and federal laws. C. The City shall submit all requests for use of the Board Facilities in writing on the form attached hereto as Exhibit"B" to the Principal responsible for the management of the Board Facility or his or her designee no less than thirty (30) days prior to the date that the City desires to use the Board Facility. The Board shall be responsible for ensuring that a written response to the request is provided to the City within fifteen (15) days of the date of the request. In the event a request is denied, the reason for denial shall be stated in the written response. If the Board Facilities to be used by the City include a football stadium, the Board shall provide the City with an estimate of the Stadium Tax required to be remitted to the Board pursuant to Board Policy 6.21, which is attached hereto and incorporated herein as Exhibit "C". The amount of the Stadium Tax shall be based on the per ticket charge in effect at the time of the use of the Board Facility and shall be subject to adjustment based on actual documented costs and number of tickets sold for Stadium Tax purposes. D. The Board shall submit all requests for use of the City Facilities in writing on the form attached hereto as Exhibit "B" to the City Manager, no less than thirty (30) days -prior to the date that the Board desires to use the City Facility. The City shall be responsible for ensuring that a written response to the request is provided to the Board within fifteen (15) days of the date of the request. In the event a request is denied, the reason for denial shall be stated in the written response. E. The Board and City acknowledge the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledge that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. The Board and City agree to be responsible for all such claims and damages, to the extent 4 and limits provided in Florida Statutes Section 768.28, arising from the actions of their respective employees. The parties acknowledge that the foregoing shall not constitute an agreement by either party to indemnify the other, nor a waiver of sovereign immunity, nor a waiver of any defense the parties may have under such statute, nor as consent to be sued by third parties. F. Without waiving the right to sovereign immunity, the parties acknowledge that they are self-insured for commercial general liability and automobile liability in the amounts specified in Florida Statutes Section 768.28, as may be amended from time to time. In the event either party maintains third-party commercial general liability or business automobile liability insurance in lieu of exclusive reliance on self-insurance, the party maintaining the third-party insurance shall maintain limits of not less than Five Hundred Thousand Dollars ($500,000) combined single limit for bodily injury or property damage and shall add the other party as an additional insured to the commercial general liability policy, but only with respect to negligence arising out of this Agreement that is not a result of the other party's negligence. The additional insured endorsement for the City shall read "City Commission of Boynton Beach, Florida, its Officers, Employees and Agents". The additional insured endorsement for the Board shall read "The School Board of Palm Beach County, Florida, its Officers, Employees and Agents". The parties agree additional insured endorsements shall provide coverage on a primary basis. Claims-bill tailored coverage shall not be considered third-party liability coverage for purposes of this Agreement. The parties agree to maintain or to be self-insured for worker's compensation and employer's liability insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time to time. Each party agrees to provide the other party with an affidavit or certificate of insurance evidencing insurance, self-insurance and/or sovereign immunity status, which the parties agree to recognize as acceptable for the above-referenced coverages. Compliance with the requirements of this paragraph shall not relieve the parties of their liability and obligations under this Agreement. G. Each party agrees to provide adequate supervision of its own activities to prevent bodily harm to the users and damage to the Facilities, taking into consideration the types of activities planned, when using the other's Facilities. When aquatic facilities will be 5 included in the Facilities to be utilized, the party using the Facility shall provide supervisors certified in Lifeguard Training in addition to any other supervision required hereunder. H. In the event the Facilities are damaged, the party using the Facilities of the other party shall promptly notify the other party in writing of the damage and shall reimburse the other party for the actual costs to repair the damage. Reimbursement shall be made within sixty (60) days of a written request for reimbursement of costs. I. The Facilities shall be surrendered by the party using the Facilities of the other party in the same condition as they were accepted and shall cause to be removed from the Facilities all waste, garbage and rubbish resulting from such party's use of the Facilities. J. In the event the Board Facility being used is a football stadium, the City shall remit the required Stadium Tax to the Board in accordance with the requirements of this Agreement within sixty (60) days of the date of use. K. The Board acknowledges and agrees that the City may charge a fee for: 1. Use of the City's pool, including the water park, for summer and after- school programs; 2. Use of the City's picnic pavilions on holidays and weekends; 5. Use of Board Facilities by City Recognized Sports Providers. A. The Board agrees to make the Board Facilities available for use by the City Recognized Sports Providers at no cost or expense to the City Recognized Sports Providers according to the Priority of Use, except as otherwise provided for in this Agreement. Use of the Board Facilities by the City Recognized Sports Providers shall depend on availability and shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the Board's rules, regulations and policies governing the use of Board Facilities; (iii) any bond or grant obligations pertaining to the use of the Board Facilities; and (iv) all applicable local, state and federal laws. B. Prior to being granted access to any of the Board Facilities, each City Recognized Sports Provider shall be required to obtain a Facility Use Permit from the City. The Facility Use Permit shall, at a minimum, require the City Recognized-Sports Provider to.' 6 1. provide proof of insurance for such coverages and amounts as may be required by the Board's Director of Employee Benefits and Risk Management when Board Facilities are to be utilized and name the Board as an additional insured; 2. protect, defend, reimburse indemnify and hold the Board, its agents, employees and elected officers harmless from and against all claims, liability, expenses, costs, damages and causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising from or in anyway connected to the City Recognized Sports Provider's use of the Board Facilities; 3. provide adequate supervision of its own activities to prevent bodily harm to the users or damage to the facilities, taking into consideration the types of activities planned; 4. return the Board Facilities in the same condition as they were accepted and to remove all waste, garbage and rubbish resulting from the City Recognized Sports Provider's use of the Board Facilities; 5. notify the Board of any damage to the Board Facilities resulting from the City Recognized Sports Provider's use of the Board Facilities and reimburse the Board for the actual costs to repair the damage; and 6. pay a Stadium Tax to the Board pursuant to Board Policy 6.21, if applicable. C. The Facility Use Permit issued by the City shall also indicate that the Facility Use Permit may be revoked or suspended by the City and the Board may deny access to the Board Facilities for failure to comply with the terms and conditions of the Facility Use Permit. D. The City Recognized Sports Providers shall be required to submit all requests for use of the Board Facilities in writing in the form attached hereto as Exhibit "B" to the City Manager no less than forty five (45) days prior to the date the City Recognized Sports Provider desires to use the Board Facility. The City Manager shall coordinate scheduling of the use of the Board Facility with the Principal responsible for the management of the Board Facility or his or her designee. The Board shall be responsible for ensuring that a written response to the request is provided to the City Manager within fifteen (15) days of 7 the date of the City Manager's request. In the event a request is denied, the reason for denial shall be stated in the written response. E. Notwithstanding any provision of this Agreement to the contrary, neither party shall be obligated to make their Facilities available for use by the other for tournaments or any events where admission or concession fees or charges will be collected or imposed. 6. Maintenance/Repair of Facilities. The parties acknowledge and agree that either party may deny a request for use of a Facility to perform maintenance or repairs to the Facility. 7. Notification of Responsibilities under Aqreement. The Board agrees to notify the Board's Principals of the terms and conditions of this Agreement and the Board's commitment to make the Board Facilities available to the City and City Recognized Sports Providers in accordance with the Priority of Use. 8. Dispute Resolution. In the event an issue arises which cannot be resolved between the Board's Principal and the City Manager regarding the use or availability of a Facility, the dispute shall be referred to the Board's Chief Operating Officer and the Assistant Director, Community Services Department who shall both make a good faith effort to resolve the dispute. 9. Acceptance of Facilities. Neither party shall be required to make any improvements or repairs to the Facilities as a condition of use of the Facilities by the other party or City Recognized Sports Providers. The parties and City Recognized Sports Providers shall accept the Facilities in their "As is", "VVhere is" condition. The parties acknowledge and agree that neither party has made any warranties or representations to the other party regarding the Facilities, including, but not limited to, any representations or warranties regarding the suitability of the Facilities for use by the other party or City Recognized Sports Providers. 10. License. Notwithstanding any provision of this Agreement to the contrary, the use the Facilities by either of the parties or the City Recognized Sports Providers shall only amount to a license to use the Facilities on a non-exclusive basis, which license shall be revocable by the party licensing the use for any reason whatsoever. The parties agree that nothing in 8 this Agreement shall be construed as granting either party or the City Recognized Sports Providers any title, interest or estate in the Facilities. 11. Default. The parties agree that, in the event either party is in default of its obligations under this Agreement, the non-defaulting party shall provide to the defaulting party thirty (30) days written notice to cure the default. In the event the defaulting party fails to cure the default within the thirty (30) day cure period, the non-defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek damages, if any. 12. Termination. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by either party: (i) without cause upon thirty (30) days prior written notice to the other party or (ii) with cause upon the expiration of the thirty (30) day cure period provided for in Section 11 above. 13. Annual Appropriation. Each party's performance and obligations under this Agreement shall be contingent upon an annual budgetary appropriation by its respective governing body for subsequent fiscal years. 14. Notice. All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: IF TO CITY: City Manager, City of Boynton Beach P.O. Box 310 Boynton Beach, Florida, 33425-0310 IF TO BOARD: School District of Palm Beach County Director, Real Estate Services Department 3318 Forest Hill Boulevard West Palm Beach, Florida 33406-5813 9 15. Governinq Law and Venue. This Agreement shall be construed by and governed by the laws of the State of Florida. All legal action necessary to enforce the Agreement will be held in Palm Beach County. 16. Subordination to Bond and Grant Obligations. The parties acknowledge that certain Facilities may be subject to bond covenants and restrictions or grant obligations and agree that this Agreement shall be subject and subordinate to any such covenants, restrictions and obligations. Notwithstanding any provision of this Agreement to the contrary, the parties shall not be obligated to make any Facility available for use by the other party or City Recognized Sports Providers in a manner which either party has determined, in its sole discretion, would be contrary to any of its bond or grant obligations, including, but not limited to, making any of the Facilities available at no cost when such an action would be contrary to either party's bond or grant obligations. 17. Equal Opportunity Provision. The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 18. Captions. The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. 19. Severability. In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 20. Entirety of Agreement. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. Notwithstanding the foregoing, the City and the Board 10 recognize the existing agreement between the City and the Board dated November 6, 2002, titled "lnterlocal Agreement Between The City Of Boynton Beach And The School Board For The Mutual Use Of Public Facilities Between The City And Boynton Beach Community High School" (referred to as the "November 6, 2002 Agreement"). The November 6, 2002 Agreement is in no way superceded, altered or diminished by this Agreement, and in the event of any conflict of terms between the November 6, 2002 Agreement and this Agreement, the terms of the November 2, 2002 Agreement shall prevail. 21. Incorporation by Reference. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. 22. Amendment. Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto. 23. Waiver. No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. 24. Construction. Neither party shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to ardve at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. 25. Filing. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section 163.01(11), Florida Statutes. 26. Effective Date/Term. This Agreement shall become effective when signed by the both the parties, and filed with the Clerk of the Circuit Court in and for Palm Beach County. The term of this 11 Agreement shall be for a period of one (1) year and shall be automatically renewed up to four (4) additional consecutive one (1) year terms, unless either party provides a written notice of non-renewal to the other party thirty (30) days prior to the expiration of the then current term. IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the day and year first above written. CITY OF BOYNTON BEACH, SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: By: Jerry Taylor, Mayor Thomas E. Lynch, Chairman ATTEST: ATTEST: Janet Prainito, City Clerk Arthur C. Johnson, Ph.D. Superintendent of Schools Date: Date: APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY LEGAL SUFFICIENCY City Attorney School Board Attorney 12 EXHIBIT "A" City Recognized Sports Providers 1. City of Boynton Beach Sponsored Events 2. Boynton Beach Little League 3. Boynton Beach Police Athletic League (PAL) 4. Caloosa Park Softball Club 13 THE CITY OF BOYNTON BEACH AND I EXHIBIT"B" 1 THE SCHOOL BOARD OF PALM BEACH COUNTY INTER-LOCAL FACILITY REQUEST FORM Date Contact Person School Name (if applicable) Phone Number Fax Number Other Contact Number Address City State/ZIP FACILITY REQUEST: Choice #1 Choice #2 Activity Age Group Estimated Attendance: Participants: Spectators: Total: Mark appropriate day(s) facility will be needed: []Monday ~3Tuesday [3Wednesday [2Thursday [3Friday ~3Saturday [3Sunday Date(s): Time(s): From: am/pm to am/pm [] New Request [] Repeat Request: Date and location of previous use: Other pertinent information (as necessary): [] Requesting PrinciPal Date [] Director of Recreation Services [] Approve [] Disapprove Reason if disapproved: [] Principal Date [] Director of Recreation Services 14 EXHIBIT "C" BOARD POLICY 6.21 FOOTBALL STADIUM TAX 1 .The Superintendent shall designate a percentage of all admissions sold to events held on the senior high or full secondary school football fields of Palm Beach County Schools which will be charged and placed in a "Stadium Tax" account in the internal accounts of the school. a. This tax will not apply to the proceeds from concessions and printed programs. The tax will apply to all schools using a senior high school or a full secondary school football field. Season tickets sold will include the applicable tax for the number of events, which require the stadium tax. This tax is to be made known to the public by signs which state the amount of the stadium tax. Such signs shall be displayed prominently at each ticket booth. b. Expenditures from the stadium tax account shall be made only after approval by the area superintendent of an application submitted on the prescribed form. If approved the work order will either be implemented by the plant planning department or plant planning will approve the procedures suggested by the school. This fund will be utilized for general upkeep of the football field. Authority: 120.53, 230.22(2), FS Implemented: 120.53, 230.22(2), FS History: 1336; Revised: 4/6/83 15 Page 1 of 1 Majors, Wally From: Ray Walter [walterr@palmbeach.k12.fl.us] Sent: Thursday, March 11, 2004 4:17 PM To: Majors, Wally Cc: Blair Little John III Subject: Mutual Use Agreement - final Follow Up Flag: Follow up Due By: Friday, March 12, 2004 5:00 PM Flag Status: Flagged Wally, Attached is what we believe to be the final version of the Mutual Use Agreement. We made the following changes: 1. changed "City Council" to read "City Commission" 2. added the city-recognized/sponsored events list to Exhibit "A" 3. Paragraph 20 - entirety of agreement - (begins on page 10) we modified this paragraph to reference the existing agreement re: Boynton Beach High School. The agreement is otherwise unchanged from the last version you commented on. Please let me know if there are any further changes, comments or questions. Thanks -Ray 3/17/2004 VI.-CONSENT AGENDA CITY OF BOYNTON BEA£ ITEM C.7 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Cit3' Clerk's Office Meeting Dates in to Ciw Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 Ma5' 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) r-mi }July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation on [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve revisions to the Recreation & Parks Department Revenue Policy Manual and provide an effective date. EXPLANATION: The Recreation & Park Department's Revenue Policy Manual contains the department's philosophy, guidelines, and policies and procedures regarding fees and charges and accounting for all revenue. Currently, the language in the manual requires all changes to be approved by City Commission. Occasional updating of the manual is necessary for language changes and/or changes to certain program fees and/or fee ranges Delegating the authority to approve changes to this manual to the City Manager, with a provision for review by exception by the City Commission, will allow for more rapid response to changing conditions and needs. (Aatending Section III, Authority and Responsibility). PROGRAM IMPACT: Increased efficiency by allowing changes to the manual and fee schedule to be approved by the City Manager. FISCAL IMPACT: N/A ALTERNATIVES: Do not approve changes, and continue to require all revisions to be appr x~ed by the City Commission. ,,~Depa~-tment Head)[ S{ghature' ' ' ' ity Manager s Signature / Recreation & Parks Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMSL4GENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R04- S 4 5 A RESOLUTION OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, APPROVING A REVISED 7 RECREATION & PARKS DEPARTMENT 8 REVENUE POLICY MANUAL AND FEE 9 SCHEDULE; AND PROVIDING AN EFFECTIVE ~ 0 DATE. 11 ~2 13 WHEREAS, the City Commission, by Resolution No. 00-172, approved a revised 14 Recreation & Parks Department Revenue Policy Manual and Fee Schedule; and 15 WHEREAS, the Revenue Policy Manual and fee schedule has now been updated 16 to reflect the department's philosophy, guidelines, and policies and procedures regarding 17 fees and charges and accounting for all revenue; and 18 WHEREAS, the City Commission does hereby approve revisions to the 19 Recreation & Parks Department Revenue Policy Manual, and upon recommendation of 20 staff, does delegate authority to approve further changes to this manual to the City 21 Manager, with a provision for review by exception by the City Commission. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 25 as being tree and correct and are hereby made a specific part of this Resolution upon 26 adoption 27 Section 2. The City Commission does hereby approve the revised Recreation 28 & Parks Department Revenue Policy Manual and Fee Schedule, which is attached hereto 29 and made a part hereof, and does hereby delegate authority to approve further changes to 30 this manual to the City Manager, with a provision for review by exception by the City S:\CA\RESO\Revision to Recreation and Parks Revenue Policy Manual.doc Commission. 2 Section 3. This Resolution shall take effect immediately upon passage. 3 PASSED AND ADOPTED this __ day of April, 2004. 4 5 CITY OF BOYNTON BEACH, 6 FLORIDA 7 8 9 Mayor 10 12 Vice Mayor 13 15 Commissioner 17 18 Commi ssi on er 20 21 Commissioner 22 ATTEST: 23 24 25 City Clerk 26 27 28 S:\CA\RESO\Revision to Recreation and Parks Revenue Policy Manual.doc CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT REVENUE POLICY MANUAL & FEE SCHEDULE CONTENTS I. Statement of Philosophy ...................................................................... 1 II. Statement of Need ............................................................................... 1 III. Authority and Responsibility ................................................................ 1 IV. Fees and Charges, Goals & Guidelines .............................................. 2 V. Financial Assistance Guidelines ........................................................ 10 VI. Contractual Receipts Guidelines ....................................................... 13 VII. Compulsory Resource: Dedication Ordinance .................................. 14 VIII.Accounting forAII Revenues ............................................................. 14 IX. Annual Review ................................................................................... 16 X. Fee Schedule ..................................................................................... 17 Adopted: 9/21/93 I Revised: 12/5/00, 10/21/03, 4/20/04 I CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT REVENUE POLICY I. STATEMENT OF PHILOSOPHY The basic philosophy of the Boynton Beach Recreation and Parks Department is to offer year- round diversified recreation services, ensuring that all citizens have equal opportunity for participation. However, since the demand upon the Department is greater than the public's ability to appropriate public funds to support that demand, it becomes necessary to charge fees and pursue other supplementary revenues and resources. Fees and charges for parks and recreation services will provide only one source of finance for the Department. They will be thoroughly evaluated prior to their adoption into the fiscal matrix supporting public parks and recreation services, a matrix which includes general fund appropriations, contractual receipts, land dedication, bond issues, grants-in-aid, and special gifts and donations. Fees and charges will supplement these other resources, not replace them nor be used to diminish government's responsibility to provide open space and leisure opportunities. Rather, fees and charges will be viewed as a method to expand and to continue to provide basic services on an equitable basis. The general benefit of services made possible through fees and charges must exceed any detriment imposed by the fees, and collections must be practical and economical. II. STATEMENT OF NEED It is the responsibility of the Boynton Beach Recreation and Parks Department to offer a comprehensive recreation program and to provide public park land. Because of heavy demands for new and expanded services and because of the increase in operating expenses, it has become necessary to adopt a sound and consistent policy that will guide the search and generation of supplementary revenues to tax dollars. III. AUTHORITY AND RESPONSIBILITY The revenue policy was formally adopted on September 21, 1993 by the Boynton Beach City Commission on~ .... ~o~ ....... ,_,~:,~,~~,~,,~m ~ .......... ~ The City Commission and City Manager have authorized and charged the Recreation and Parks Director with providing oversight in the implementation of the policy, and establishing appropriate procedures to Recreation & Parks Department Revenue Policy Manual administer the policy's goals and guidelines. The City Commission authorizes the City Mana,qer, upon recommendation by the Recreation and Parks Director, to amend and update this document as may be necessary. Chan.qes proposed by staff and approved by the City Manaqer will be placed in public file for 14 days and circulated to the City Commission for review by exception. A!! fee o~'~"~'~,,~ ..... ;u be ap~eved~~ Manage~ u~...,, the IV. FEES AND CHARGES GOALS AND GUIDELINES A. BASIC SERVICES 1. The City of Boynton Beach will continue to provide basic park and recreation services at no charge in order to protect and conserve natural and historical properties and to promote the physical and mental well-being of its citizens. Examples of basic services include staff supervised therapeutic recreation, recreation center level games and programs, and various youth, adult and senior citizen active and passive recreation activities, both indoors and outdoors. 2. Public funds will be used to acquire, improve and manage all park land whenever possible, charging no fees to Boynton Beach residents for entrance into neighborhood parks, comfort stations, greenway and trails, playgrounds, recreation and community centers. However, the Recreation and Parks Director may recommend nominal fees as necessary for control of these areas. B. GENERAL GUIDELINES 1. Charging fees is an equitable method of recovering a portion or all costs of specialized or personal recreational services. 2. Resident and Non-Resident Fees Fees for non-residents will be a minimum of 25% above the fee for residents, with a minimum charge to non-residents of $3.00 above the resident fee for programs and services priced under $12.00. Page 2 of 26 Recreation & Parks Department Revenue Policy Manual 3. To ensure equitable services and reasonable fees to the public, staff will submit proposed program fee increases in writing for approval by the Recreation & Parks Director. All fees will remain within the Commissio,m-approved fee schedule. C. FEE CLASSIFICATION Fees charged for programs, facilities and services provided shall be classified as: 1. rental fees 2. special service fees 3. permit fees 4. admission, entrance and parking fees 5. user fees 6. sales 1. RENTAL FEES will be charged for the privilege of exclusively using tangible public property or building structures without consuming or injuring them in any way. Examples include ~facility room rentals, picnic shelters and other park facilities. 2. SPECIAL SERVICE FEES will be charged for supplying extraordinary articles, commodities, activities, materials, or services as an accommodation to the public which are not provided as part of the Department's basic, free public services. Examples include keys, field preparation, lights, staff, custodial and processing fees. 3. PERMIT FEES will be charged for permission or written authorization for a specified lawful action or use of a facility. Examples include sports leagues, tournaments, special event permit fees in accordance with Article I, Section 13- 20 of the Code of Ordinances as detailed in the Special Event Handbook, and vending and exhibitor fees for c~9¢tam~Haec-ialvarious events. 4. ADMISSION, PARKING, AND ENTRANCE FEES may be charged to enter a building or structure. These facilities usually offer an exhibit, show, performance, Page 3 of 26 Recreation & Parks Department Revenue Policy Manual concert, ceremony or demonstration. Examples include attesting--special performances or events which require high cost talent, specialists, technicians: equipment, extra supervisory and maintenance personnel, or where the net revenue generated is used to offset the program or facility costs. Parking fees may be charged at designated parks-for dab~.,-wee!-.end and ho!id~ys to control overcrowding and subsequent damage to greenways and roadways, to minimize vandalism, provide additional patron safety, or to offset a portion of park operational costs. 5. USER FEES may be charged for t~e-use ' " participation in an activity. The patron usually enjoys the privilege of use with others. Examples include instructional classes, trips, tours, camps, sports clinics, workshops, 6. SALES include merchandise transferred (sold) from the department which become the property of the user. dnconditionaFewnepsh~.-~cC:~qd4ee-which passes-from the Depart,mec~te-~w~-~=bsek~ to t4qe--user~ Examples include arts and crafts supplies, merchandise related to programs and services offered, and departmental tabloid, bulletin, newsletter or program advertising space. D. DIFFERENTIAL FEES In addition to fees differentiated according to residency, fees for programs, services and facilities may be differentiated according to the financial objectives of the following organizations: Commercial/Profit Fundraising Non-profit Private/Family Schools Religious Fee Exempt Page 4 of 26 Recreation & Parks Department Revenue Policy Manual Examples include facility rentals for private/commercial gain, non-profit group meetings and family celebrations. The Recreation & Parks Director shall establish the fee for the above organizations based upon the fee schedule. E. RECOVERING PARTIAL COSTS 1. The public will be charged user fees, special service fees, sales fees, or rental fees for special services and special facilities based on the exact costs associated with the "extra" service, or based upon a specified percentage of all direct costs when the exact costs cannot be figured. 2. Fees will recover the exact costs or a percentage of direct costs for special services and facilities when: a) The cost per user hour of the service is high; b) The activity uses consumable material; c) The service requires a facility with high capital, operating or maintenance costs; d) The activity requires special preparation or clean-up; e) The activity requires special instruction at extra cost; f) The service is extended beyond the normal operation. 3. Special services include, but are not limited to, organized adult athletics, instructional youth and adult programs, tournaments and youth and adult out-of- town trips and tours. 4. Special facilities include, but are not limited to, one time room rentals, lighted ball fields and tennis courts, pools and picnic shelters. Exact rates will be set each year and published in the Fee Schedule. F. RECOVERING DIRECT COSTS 1. Direct operational costs will include all transportation, lodging, full-time 3nd part ~and personnel necessary to conduct the program, rental of facilities, Page 5 of 26 Recreation & Parks Department Revenue Policy Manual purchase of equipment and supplies, and utility costs directly related to the program. 2. Programs that will recover direct costs may include, but are not limited to, altec sc-bec! programs, special recreational programs, instructional classes, out-of- town trips and tours and organized sports. 3. The established fee for co-sponsored fund-raising programs with other public agencies or volunteer organizations shall cover the Department's contribution to the direct costs of offering the activity and facility. 4. When not in use for Department-sponsored and co-sponsored activities, designated areas, facilities, and equipment may be rented by organizations and the general public. Rentals will be computed to recover all direct costs. 5. Equipment rental rates will be based on original cost and depreciable life. G. RECOVERING ALL COSTS PLUS SURPLUS Upon approval by the Recreation & Parks Director, public property may be used by closed membership groups and proprietary or commercial groups who want to use public property for financial gain or profit. The fee charged for use of the public park land and facilities will be comparable to the prevailing commercial rates, or must recover all costs to the Department, whichever is greater. An additional fee for the privilege of conducting business on public property will be charged. 1. Commercial or promotional activities on park land will be permitted only when they are clearly not in conflict with ongoing Department-sponsored programs, or if the program can be conducted without any restriction of public use for a reasonable period of time. 2. Commercial or promotional activities in parks and facilities will be authorized only if they provide a public service and meet a legitimate public need. Page 6 of 26 Recreation & Parks Department Revenue Policy Manual 3. Commercial or promotional use of public facilities including use of public names of structures will not be authorized if such use constitutes an expressed or implied City endorsement of commercial products, services or activities. 4. Sponsors of profit-making, commercial activities conducted on park property are required to show evidence of comprehensive general liability insurance sufficient to protect themselves from any potential incidents, an amount of coverage which meets City requirements as approved by the Risk Manager. 5. The sponsors of profit-making, commercial activities conducted on City recreation and park property must pay the City a minimum of twenty-five percent (25%) of the gross receipts in addition to the prevailing rental rate. a) Within thirty (30) days after a commercial or promotional activity, an itemized list of all income associated with such an event must be transmitted to the Recreation & Parks Director or his designee, together with twenty-five percent (25%) of the gross income. b) A deposit may be required by the Director in advance of the event. 6. Charitable, non-profit, community-serving organizations that conduct an event on City recreation and park property for the purpose of raising funds, not sponsored by the Department, may pay a facility rental fee, maintenance fee, or a percentage of their gross receipts, as determined by the Recreation & Parks Director. 7. Charitable sponsors of profit-making activities conducted on City recreation and park property are required to show evidence of comprehensive general liability insurance sufficient to protect themselves from any potential incident, an amount which meets City requirements as approved by the Risk Manager. Page 7 of 26 Recreation & Parks Department Revenue Policy Manual H. REVENUE PRODUCING FACILITIES Revenue producing facilities may be developed in parks to supplement General Fund revenues and to provide Boynton Beach residents additional recreational opportunities. The number and type of these kinds of facilities will be determined based on need. The service itself must be the FIRST priority. Thus, revenue producing facilities will be considered a basic resource of the recreation and park system, and will be constructed with public funds. Depending on the nature of the service they provide, they may be operated and maintained from user fee revenues. Where user fee revenues do not have the potential to maintain the facility to a high standard of service, General Fund monies will be used to assure continuation of the service to the public. 1. General Fund appropriations will be requested to support the operation of all Park & Recreation facilities. While these facilities may be capable of generating sufficient revenues to offset their operational costs, the General Fund appropriations will provide an adequate cash flow during fluctuations of revenue due to weather, seasonal changes and varied participation by the public. 2. Fees collected from revenue producing programs or facilities may be deposited in a Trust Fund or Enterprise Fund to improve or expand the recreational services of these facilities for the users. Thus, those who use the program or facility pay directly for the operation. The guidelines governing the Enterprise Fund are stated in this policy under Section VIII, Accounting for all Revenues. 3. When public funds are not available for construction of special facilities due to other priorities of the department and the City, funding for development may be sought and provided through public/private contractual agreements. 4. In situations where the financial constraints of government cannot ensure the maintenance of the high standard of service desired by the public, the services may be operated through contractual agreements with the private sector. Page 8 of 26 Recreation & Parks Department Revenue Policy Manual I. DIFFERENTIAL FEES: SPECIAL SITUATIONS AND GROUPS 1. It shall be general policy to develop reciprocal use agreements with the Palm Beach County School District allowing joint use of facilities at no charge to either party unless uses require special needs which require high costs to the school or City. 2. Special interest groups shall be granted no special consideration in the form of reduced rates or free services, with the exception of those groups affiliated with the Department. Special interest groups may include, but are not limited to, religious and political organizations, commercial businesses or clubs and organizations. 3. Many out-of-town residents use Boynton Beach recreation services but make no direct tax contributions to help support these services. It is not equitable for these citizens to enjoy the facility or service while this jurisdiction's residents are taxed for its maintenance and operation. Therefore, it is reasonable to incorporate into the fee and charge policy different Non-resident and Resident fees. Thus, visitors and residents together will help maintain the facility and provide funds for continued expansion and proper staffing. J. WAIVERS Official City-sponsored or affiliated programs and events shall be fee exempt. The Recreation & Parks Director or his designee shall make such determination. On some occasions, fees and charges may be reduced when such action is determined by the Recreation & Parks Director or his designee to be in the best interest of the City of Boynton Beach or the specific program. A written request for waiver of fees must be submitted +h ..... ~ ..... ...... ~,, to the Recreation & Parks Director~. o~,a-approved by *he City n r'n r,nl ~. e ir'-,n Page 9 of 26 Recreation & Parks Department Revenue Policy Manual K. REFUNDS 1. Policies and P-procedures for refunding fees will be determined F~-egram-lay program-based upon the participant's prorated share of costs already invested and committed into the program, including administrative services, in adherence with the Recreation and Parks Department's Customer Satisfaction Pledqe and Refund Policy._ 2. All requests for refunds must be made in writing to the Recreation & Parks Director or his designee~ and any special circumstances will be determined by the Director or his designee. Full refunds for instructional classes will be granted when the class is canceled due to insufficient class registration. 3. In lieu of a refund, the Department will ~offer the participant to~nc-~gt-a program credit. The credit may be applied toward the cost of any future recreation program registration. No administrative service charges will be deducted when a credit is accepted by the participant. V. FINANCIAL ASSISTANCE GUIDELINES Boynton Beach Recreation and Parks Department may accept grants, gifts, service-in-kind, bequests or donations to the City for the purpose of park land acquisition, planning, development, maintenance, operations and administration of recreation and park facilities and programs. The City Commission authorizes on behalf of the City, the Recreation & Parks Director to accept non-governmental grants, service-in-kind, and gifts, donations or bequests of cash or personal property valued at $5,000 or less, provided the solicitation, acceptance and use of these revenues and/or gifts are consistent with State Laws and Local Ordinances and are in the best interest of present and future Boynton Beach residents. Gifts, grants, service-in- kind, donations, or bequests valued at more than $5,000 must have City Commission approval. AI~ monetary gifts or donations~,oAC~~Re~ceation and.-Packe-pu~ases~.~ be-~aa~q~C~Recreational and Parks fund as-~ ' heqgity ~ of Or~qances:-Any gift or bequest of real estate and all government grants may be accepted only on approval of the City Commission. All gifts, bequests, and donations of personal Page 10 of 26 Recreation & Parks Department Revenue Policy Manual property or real estate and all grants shall be held, used or disposed in accordance with the terms and conditions under which the gift, bequest, donation, or grant is made and accepted in accordance with State Law and local ordinances. The Director, City Manager or Commission may reject any gift, bequest or service-in-kind for just cause. 1. GRANTS a) Any permanent employee of the Department is encouraged to investigate the possibilities of securing a grant for Department facilities and programs. Researching and investigating grants will be consistent with Department and City policy. b) The Director will act as the clearing house and give approval for all grants. Grant applications requirin,q a City cash match of $5,000 or more that has not been appropriated in the current fiscal year or adopted in the 5 Year Capital Improvement Plan must be approved by City Commission. Non ~j/ '1- h ~, ~r"~ i,l-~,- 2. GIFTS, DONATIONS AND BEQUESTS a) The Director may accept service-in-kind from individuals or private or corporate organizations for the benefit of a specific facility or program or for the administration of all recreation services. b) Any permanent employee of the Department may personally pursue gifts, donations, bequests or service-in-kind on behalf of the Department as long as the amount of a single donation does not exceed $4,999. c) Gifts, donations and bequests over $4,999 in value will be pursued only upon approval of the Director. Page 11 of 26 Recreation & Parks Department Revenue Policy Manual 3. FUNDRAISING EVENTS a) Upon authorization by the Director, fundraising events, solicitations, sales or benefits may be conducted on behalf of the Department or as part of a Department-sponsored program (such as, but not limited to, Holiday Parade) by organized and recognized community groups. Such recognized groups include, but are not limited to, civic associations, home owners associations, scout organizations, P.T.A.'s, and adult advisory committees or councils. Such fundraising events shall be established by written agreement among all parties. b) Funds collected in this manner remain the property of the organizations overseeing the collection until they officially give the cash or check to the Recreation & Parks Director or his designee. c) The Department and its employees are not responsible in any manner for these funds. However, organizations receiving or handling funds during Department-sponsored programs must follow the prescribed rules of the City for providing accountability of all funds to the general public. Organizations will keep all funds in a checking account in the name of the organizations. All records, bank statements, canceled checks, blank checks and receipts, invoices and authorizations must be available for review by the Department. d) The Department may require or request expenditure of funds belonging to recognized groups, such as Black Awareness Committee, and shall concern itself with the proper management of these accounts and assure that the handling of funds is carried out to the degree of accountability required of government by the public. Page 12 of 26 Recreation & Parks Department Revenue Policy Manual VI. CONTRACTUAL RECEIPTS GUIDELINES A. LEASES Upon approval of the City Commission, the Department may lease park land for a specific time as negotiated. The process of leasing land will be open to all responsible individuals and corporations, and contracts will be awarded according to the State's open binding procedures, following announcements published in all area newspapers. The City Commission must approve all lease agreements. Contracts will be awarded based on specific criteria, including but not limited to: 1. Evidence of financial responsibility and intent to use the land for designated purposes, 2. Revenues and/or rents generated for the City, and 3. Environmental Impact Plan which includes statements on the use of chemicals, protection of soils and water quality, and how the prospective lessee plans to restore the land back to its state prior to lease. B. CONCESSIONS 1. The Boynton Beach Recreation and Parks Department is authorized upon approval of the City Commission to sell products such as supplies, food or souvenirs, or services such as coin-lockers or rental equipment at Recreation and Park facilities for the purpose of providing a service to recreation and park patrons. 2. For the privilege of selling products or services on public park land, the City will receive monthly rent and/or a percentage of the gross revenues generated from the concession operation. Rent and percentages will be established on a contract by contract basis. Page 13 of 26 Recreation & Parks Department Revenue Policy Manual 3. The process of awarding contracts will follow the State's open bidding procedures following announcements published in area newspapers. The Director is authorized to solicit bids from reputable concessionaires according to Purchasing Agent requirements. 4. Criteria for awarding contracts include, but are not limited to, the following: a) Proof of financial solvency and history of quality performance in providing the product or service in question, b) Percentage of gross revenues generated for the City, and c) Specific conditions and terms in the contract which ensures that the public receives the best service possible and the Department maintains as much control over the concession operation as possible. VII. COMPULSORY RESOURCE: DEDICATION ORDINANCE In order to accommodate for ordedy growth and development and the influx of new residents, and to maintain the quality environment which makes Boynton Beach a desirable community in which to live, and in order to place an equitable share of the cost of providing new park land on all new inhabitants, Boynton Beach City Commission authorizes the Department of Planning and the Department of Recreation & Parks to review each subdivision plat for consideration of mandatory dedication of land or fees in lieu of land for park, recreation and open space purposes pursuant to the City subdivision codes. Control, record keeping, expenditures and accountability of all revenues and property will follow State Statutes and Local Ordinances. VIII. ACCOUNTING FOR ALL REVENUES Boynton Beach Recreation and Parks Department will be collecting fees and charges, gifts of land or personal and grant revenues as a result of this policy. The collection, control, record keeping, expenditures and accountability of all revenues and property will follow State Statutes, Local Ordinances, and Finance Department Accounting and Auditing Procedures and Policies. Page 14 of 26 Recreation & Parks Department Revenue Policy Manual A. PARKS AND RECREATION TRUST FUNDS In order to enable the Department to plan, organize and conduct activities and events totally funded through appropriate funds, trust funds shall be established for special programs. 1. All monies will be deposited in the City Treasury, in accordance with Finance Department policies and credited to the trust fund account number. 2. The Finance Department shall be responsible for maintaining official revenue and expenditure records as required. All transactions (deposits and expenditures) shall be in accordance with normal Finance Department procedures, including purchasing~! and (c-)-accounting. 3. Expenditures may be charged against the trust fund account; however, expenditures may not exceed revenues as of September 30 of each fiscal year. ....... e-sMon~es as of September 30 of each fiscal year shall be encumbered and carried over to the following fiscal year for planned programs. 4. The trust fund shall be maintained by the Finance Department on a revenue and expenditure basis; however, the Department will maintain detailed, separate ledgers for each activity or event in order to provide day-to-day control of income and expenditures for each program. B. ENTERPRISE FUND/SPECIAL REVENUE FUNDS When appropriate, enterprise funds or special revenue funds shall be established to provide greater flexibility in the management of revenue-producing facilities and programs. These funds are governed by the following policy: I Revenues collected ~r~,,-~ the-~ o,~,~ ,-,~r~, ,~n, .... - "' L~h~H be I I deposited in a fund separate from the General Fund. Revenues ~llected will be used to conduct the revenue-produdng program/facility or improve the re~eation Page 15 of 26 Recreation & Parks Department Revenue Policy Manual services to the user. A percentage of the revenue generated over the cost to conduct the program shall be paid to the General Fund Revenue Account. .......... - ..... ~-pect~t records and .... ,~ ~~-by- Finance ~.2. The Finance Department will assign object codes and maintain official records as required by law. The Recreation and Parks Department will maintain detailed and separate account ledgers for each facility and fac-~ty-program activity in order to provide day-to-day control of revenues and expenditures. 43. The Boynton Beach City Commission, upon recommendation of the City Manager, Finance Director and Recreation & Parks Director, may appropriate general funds twice a year into the enterprise/special revenue fund with the stipulation that every effort will be made to repay the general fund appropriated "loan" from the enterprise fund revenues within six (6) months. ~4. The costs of operating the revenue producing facilities and programs will be charged against the Enterprise/Special Revenue Fund(s). Unspent monies left in the fund as of September 30 will be carried forward to the next fiscal year. IX. ANNUAL REVIEW The ~ of Recreation and Parks Department shall review ~this revenue policy annually and all fee schedules to ensure equitable services and reasonable fees to the public. The fees must be easily collected and the cost of collection should not consume more than half of the receipts unless the purpose of fee collection is to control usage. A written report will be presented by the Recreation & Parks Director upon request of the City Manager. Page 16 of 26 Recreation & Parks Department Revenue Policy Manual FEE SCHEDULE Fee Classification Fee Range Date Commission Approved RENTAL/RESERVATION FEES: FACILITIES & PAVILIONS Rental/Reservation Deposits $50 - $250 10/03 Art & Activity Center $25-$80/hr 12/00 Boat Club $15 - $20/hr 10/91 Civic Center $25 - $100/hr 10/91 Hester Community Center $25-$150/hr 10/91 Madsen Senior Center $15 - $25/hr 10/91 Senior Center $25 - $80/hr 12/00 Wilson Center $15 - $25/hr 10/91 Wilson Pool $50/hr. plus lifeguard 10/91 Picnic Pavilion $25-$150/day plus 10/03 deposit $50-$300/day holiday plus deposit Athletic Fields $5 - $25/2 hr practice 12/00 ,~,ENTAL FEES: EQUIPMENT Rental Deposits $20 - $100 10/91 Piano $10 per event plus 10/91 tuning (approximately $60) SPECIAL SERVICE FEES Keys (lost keys/replacement) $20 - $40 10/91 Field Preparation $40 - $50 field 10/91 Lights $3 - $8/hr 10/91 Special Event Consultant Fee $50/hr 10/91 Custodial Fee $30 - $120/day 10191 Staffing Fees $25/hr 10/03 PERMIT FEES Athletic Teams/Tournaments $50 - $150 per field or 12/00 outdoor court rental/day $40 - $50/field preparation $30 - $120/custodial fee Special Event Vending/Exhibitors $25 - $1,500/space 12/00 (Oceanfront Concerts, health fairs, etc.) Page 17 of 26 Recreation & Parks Department Revenue Policy Manual ENTRANCE, PARKING & ADMISSIONS Beach Parking Established by Article !1, Section 16-82 of the Code of Ordinances Boat Club Park Launch Fees Established by Article II, Section 16-61 of the Code of Ordinances Special Program Workshop, $3 - $50/person 09/93 Concert Admission or General Admission: (e.g. holiday craft workshop, youth Halloween programs, theater performances, dances, etc.) Tennis Center Daily Fees Adult (har-tru) $7/person/1.5 hours 09~03 Adult (composition) $3/person/1.5 hours 09~03 Junior (17 & under) $2/person/1.5 hours 09~03 Light Fee $5/1.5 hours 09~03 USER FEES Non-Resident Fee Resident Fee Date Commission Approved Youth Sports $13 - $100 $10 - $80 09~93 (ex: Flag Football, Soccer, Cheerleading, Gymnastics, Twirling, Tumbling) Adult Sports & Leagues $20 - $825 $16 - $500 12/00 (ex: Softball, Volleyball, Senior Men's Softball, Basketball, Tennis) Fitness & Dance $15 - $125 $12 - $100 12/00 (ex. Aerobics, Ballet, Yoga, Tai Chi) Arts & Crafts $23 - $125 $18 - $100 10/03 (ex: Tot Recreation, Kids Crafts, Painting, Calligraphy, Watercolor, Clay, Quilting, etc.) Adult Special Class/VVorkshop/one time $7 - $32 $4 - $25 12/00 I Page 18 of 26 Recreation & Parks Department Revenue Policy Manual I Non-Resident Fee Resident Fee Date Commission Approved Camps 10/03 (includes field trip fees; 1, 4 or 8 week $113- $625 $90- $500 spring break, summer and holiday camps) Afternoon Recreation Programs (monthly) $62 - $156 $50 - $125 12/00 Self Improvement/Community Interest $18- $94 $15-$75 12/00 Classes (ex: language, music lessons, computer classes) Tennis Center Permits Adult/Individual $430 $240 09/03 Family $600 $360 09/03 Junior (17 & under) $ 55 $ 25 09/93 *Trips/Tours/Travel $ varies (actual cost of trip + 15% administrative and promotion charge = TRIP FEE) *Same fee for all participants since Boynton Beach facilities are not being used. **Programs at Caloosa Park - no fee differential since Boynton Beach facilities are not being used. ***Fees charged for grant-funded programs may fall below the fee ranges listed above. Page 19 of 26 -0 o ~' :~ ~' ~- m ~ -0 "0 0 ([] O_ (1~ 0 0 ~ 'ri 0 ;13 ~ 0 (I) (1) '-' 0 ~ 0 ~ 0 ~ --h ~ --,- I:::)_ 0 0 ~ .~ ~ 0 0 :~ ~ 0 (I) ,-~ ..~ -'-,- O~ .-~ X · -.- (/) o ~- 13. I~_ m (D ~o 0 0 ::Il 0 0 0 ~ ~ 0 ~) ;;0 o -{3 (I) (I) 0 0 (I) _o. o ~. ~ ~ ~6' VI.-CONSENT AGENDA CITY OF BOYNTON ITEM C.8 AGENDA ITEM REQUEST Requested CiW Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19. 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 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: Commission approval of Resolution urging the United States House Representatives and Senate to support Beach renourishment projects. EXPLANATION: The Federal government has made a commitment to our Nation's beaches by partnering with state and local governments to fund on-going beach restoration projects, including periodic beach renourishment, for over sixty years. This Federal support is critical to the sustained environmental and economic health of our coastal resources and communities, and this City is surging continued support of beach renourishment projects, and rejection of any efforts to withdraw or limit the Federal government role. PROGRAM IMPACT: N/A HSCAL IMPACT: N/A ALTERNATIVES: ~ Department Head's Signature ~2ity Manager's Signature Department Name U City Attom~dT15inance / Human Resources S:'~BULLE~RMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 04 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING THE UNITED STATES HOUSE OF REPRESENTATIVES AND SENATE TO CONTINUE TO SUPPORT BEACH RENOURSISHMENT PROJECTS AND REJECT ALL EFFORTS TO WITHDRAW OR LIMIT THE FEDERAL GOVERNMENT ROLE IN THIS ENVIRONMENTAL AND ECONOMIC RESOURCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, America's beaches provide vital economic, recreational, storm damage reduction, and environmental benefits to the Nation; and WHEREAS, nearly sixty percent of all Amercians live within 50 miles of the Atlantic and Pacific Oceans, the Gulf of Mexico, and the five Great Lakes; and WHEREAS, the Nation's beaches are the leading tourist destination for millions of domestic and foreign visitors, providing jobs and business profits which in turn produce billions of dollars of tax revenues for the Federal government, as well as state and local governments; and WHEREAS, the Federal government has made a commitment to our Nation's beaches by partnering with state and local governments to fund on-going beach restoration projects, including periodic beach renourishment, for over sixty years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are tree and correct and hereby ratified and confirmed by the City Commission Section 2. That the City Commission of the City of Boynton Beach urges Congress to reject all efforts to withdraw from or limit the Federal government's role in our Nation's beach nourishment projects and to recognize that continued Federal support is critical to the sustained environmental and economic health of our coastal resources and communities. S:\CAkRESO~Legislativc ActionskBeach Renourishment Project Support.doc Section 3. That a copy of this resolution shall be provided to the members of the United States of America Congress that represent the City of Boynton Beach. Section 4. That this Resolution will become effective immediately upon passage. PASSED AND ADOPTED this __ day of April, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) g:\CA'tRESO~egislafive Acfions~13each Renourishment Project Support. doc 4/14/04 From: Kucmerowski, Carolanne [Kucmerowsk@ci.delray-beach.fl.us] Sent: Tuesday, March 23, 2004 2:19 PM To: Y. Manboard; A. Jaramillo; A. Parchment, HR Dir/Admin. Asst., South Bay; Awilda; B. Dughan; GlJnski, Bonnie; B. Nock, South Palm Beach; B. Ross; Barbara Garito; C. Harmon; C. Robinson; C. Simpkins; C. Ward; Chevelle Nubin; City of Atlantis; D. Disanto; D. Fick; D. Kassover; D. King; D. Levy; D. Trinley; Debra Buff; F. Warren; Gwen C.; I. Burroughs; J. Dillon; J. I. Colony; J. Whipple; Prainito, Janet; Janice Moore; K. Puhalainen; L. Clarke; L. Mezie; L. Peterson; Lake Worth, Pamela Lopez; M. Gould; M. Miles; M. Pinkerman; M. Pollitt; Melissa; N. Harvey; North Palm Beach, Village; P. B. S.; P. Moree; P. Snider; Roberta; S. Albury; S. Hancsak, City of Ocean Ridge; Sally Bo; Seichhorn; Sharma Carannante; Sondi Hill; T. Dubouch; V. Hines; V. Hurley; V. L. G.; V. Walker, South Bay; V. Walton Subject: Resolution No. 27-04 Supporting Beach Renourishment Good afternoon, Attached, please find a signed copy of Resolution No. 27-04 supporting Beach Renourishment. Please £o~,~d this to your I have received some of your Mayor's email address responses but I haven't created a list yet. As soon as I do, if you sent in your Mayor's email address, I will forxvard future emails direcdy to your Mayor. Thanks, Carolanne Kucmerowski ExecutiveAssistant/Agenda Coordinator City of Delray Beach/City Clerk's Office Phone: (561)243-7059 Fax: (561) 243-3774 CITY k/1ANAGER'S OFF!P 426/2004 RESOLUTION NO. 27-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DI~.I.RAY BEACH, FLORIDA URGING THE UNITED STATES HOUSE OF REPRF~ENTATIVES AND SENATE TO CONTINUE TO SUPPORT BEACH RENOURISHMENT PROJECTS AND REJECT AI.I. EFFORTS TO WITHD1L~W OR LIMIT THE FEDERAL GOVERNMENT ROLE IN THIS ENVIRONMENTAL AND ECONOMIC RESOURCE. WHEREAS, America's beaches provide vital economic, recreational, stoma damage reduction, and environmental benefits to the Nation; and WI=IRREAS, neatly sixty percent of all Americans live within 50 miles of the Atlantic and Pacific Oceans, the Gulf of Mexico, and the five Great Lakes; and WHEREAS, the Nation's beaches axe the leading tourist destination for milliom of domestic and foeeign visitors, pn~viding jobs and business profits which in mm p~oduce billions of dollars of tax ~enues for the Federal government, as well as state and local governments; and WHEREAS, the Federal government has made a commitment to our Nation's beaches by paxtnering with state and locaI governments to fund on-going beach restoration projects, including periodic beach renou&hment, for ove~ sixty years. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DI~J.RAY BEACH, FLORIDA AS FOLLOWS: Sex'fion 1. That the City of Deltay Beach ueges Congress to reject ali effom to withdraw from ot limit the Federal government's cole in our Nation's beach nourishment projects and to recognize that continued Federal support is critical to the sustained environmental and economic health of our coastal resources and communities. Section ~ That a copy of th~ resolution shall be provided to the membew of the United States of America Congress that represent the City of Delvay Beach. - &y ,2004. ATTEST: City Clerk 2 ORD NO. 27-04 VI.-CONSENT AGENDA CITY OF BOYNTON BEA( ITEM c.g. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) ? ,,,ay 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] NeTM Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATZON: Approve resolution to assess the costs of abatement of certain nuisances against the owners of properties involved. EXPLANATION: Beginning in .luly 2003 and continuing through October 2003, Parks staff was requested by Code Compliance to mow the lots of the properties described in Exhibit "A". The property owners were invoiced by the Finance Department on two occasions in an effort to recoup these costs. These efforts were unsuccessful. The Finance Department then forwarded the invoices so that we could move forward with placement of liens on these properties. On 3anuary 5, 2004, all of these property owners were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property. We have not received a remittance to date. If this resolution is approved, the City Clerk's Office will again notify each property owner that a lien will be recorded in Palm Beach County 30 days from the date of approval. This will give the property owners an additional opportunity to avoid the placement of a lien on their properties. PROGRAM IMPACT: FISCAL IMPACT: To date, abating these nuisances has cost the City of Boynton Beach $1,377.50. Additional administrative fees of $270 will be added to this amount to cover administrative fees for the City Clerk's office. ALTERNATIVES: Not to place liens on ];hese proi~rties and :he~lity.w,~l absorb ! the ity ill absorb these costs, /J Department Head's Signature ity Manager's Signature 0 Department Name~U City Attorney / Finance / Human Resources S:\CC~WP\LOT MOWING ASSESSMENTS~Agenda Item Request Form - Reso Approval Request - 4-20-04,dot S:'~BULLE~RMS~AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. 04- 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA ASSESSING THE COSTS OF 5 ABATEMENT OF CERTAIN NUISANCES 6 AGAINST THE OWNERS OF THE PROPERTIES 7 INVOLVED; PROVIDING FOR AN 8 ADDITIONAL ADMINISTRATIVE FEE PRIOR 9 TO RECORDATION OF LIENS; AND 10 PROVIDING AN EFFECTIVE DATE. 12 WHEREAS, the City Manager or his designated representative, acting on behalf 13 of the City, has pursuant to Section 10-5 of the Code of Ordinances of the City of 14 Boynton Beach, found and determined that the condition of certain property or parcels of 15 land as hereinafter described violate Section 10-2 and 10-3 of said Code by reason of the 16 existence of excessive growth of weeds, grass, vegetation or other noxious plants or other 17 offensive substance detrimental to the health and welfare of the residents of the City, 18 thereby constituting a nuisance; and 20 WHEREAS, the owners of the parcel(s) of property hereinafter described were 21 duly notified in accordance with Section 10-5 of the City Code of Ordinances and were 22 required to abate the nuisance; and 23 24 WHEREAS, said nuisance was not abated as required; and, 25 26 WHEREAS, pursuant to, and in accordance with the procedure set forth in 27 Chapter 10 of the Code of Ordinances of the City of Boynton Beach, the City abated said 28 nuisance; and 29 30 WHEREAS, the property owners were then invoiced by the Finance Department 31 on two occasions, with no response. On January 5, 2004, all of the property owners listed 32 in the attached Exhibit "A" were sent letters offering them an opportunity to remit within :33 30 days in order to avoid incurring a lien on their property; and 35 WHEREAS, the City Manager or his authorized representative has made a report 36 of costs actually incurred by the City and abatement of said nuisance as to the property(s) 37 involved, which is described in Exhibit "A" attached to this Resolution; and 38 39 WHEREAS, upon passage of this Resolution, the property owners will be 40 furnished with a copy of this Resolution, and given one more opportunity to remit all 41 costs associated with the abatement in full within 30 days of the passage of the 42 Resolution, before transmittal to the County for recordation of Liens; and 43 44 WHEREAS, at the time of recordation of Liens in the Public Records of Palm 45 Beach County, the City Clerk's office will add an additional administrative fee in the 46 amount of $30.00 to each Lien; and 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 3 OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 4 5 Section 1: Each Whereas clause set forth above is true and correct and 6 incorporated herein by this reference. 7 8 Section 2: The amount of costs incurred by the City and the abatement of the 9 above-described nuisance as to the parcels of land, owned and indicated to wit: 10 11 SEE ATTACHED COMPOSITE EXHIBIT "A" 13 (Charges cover Invoices dated July, 2003 through October 2003) 14 Subject amount is hereby assessed as liens against said parcels of land as 15 indicated, plus an additional administrative charge of $30.00 for each 16 Lien. Liens shall be of equal dignity with the taxes therefrom for the year 17 2003, and shall be enforced and collected in like manner pursuant to 18 applicable provisions of law. In the event collection proceedings are 19 necessary, the property owner shall pay all costs of the proceedings, 20 including reasonable attorneys fees. 22 Section 3. This Resolution shall become effective immediately upon passage. 23 24 PASSED AND ADOPTED this ~ day of April, 2004. 25 26 CITY OF BOYNTON BEACH, FLORIDA 27 28 29 Mayor 30 31 32 Vice Mayor 33 34 35 Commissioner 36 37 38 Commissioner 39 ATTEST: 40 41 Commissioner 42 43 City Clerk 44 RESOLUTION #R04- EXHIBIT "A" PCN # INVOICE # LIEN # OWNER NAME AND SUB DIVISION AND ADDRESS' TOTAL $ 08-43-45-21-02-018-0290 #8013 04-15 AN DRE ST. JUSTE FIRST ADD TO ROLLING $4,483.00 925 GREENBRIAR DRIVE GREEN BOYNTON BEACH, FL 33435 S:~CCAWP~LOT MOWING RESO - DEMOL/TIONS 2004.doc // CITY OF BOYNTON BEACH - (56~)742-6~o TO~ INVOICE 8013 : ANDRE ST.. JUS'I'I~. 925 Greenbriar Drive INVOICE DATE 2/05/03 BOYNTON BEACH, FL 33435 DUE DATE 3/07/03 '-:: ;: CUSTOMER/TYPE # 1370/2562 i 1.00 MIS.CELLANEOUS-00I 4 483.00 4,483 00 , Demolition ~440 NE 14th A 0 T~T.A,~ ~0"~: ~,~, 483.00'.' .... . .. ¥: ~ : i . REMIT TO CUSTOII~ER NAME :' · cz~z oF '~o~oN ~¢~ · s~..JUST;.', ~' . AT'[~: CASHI;.:RS . i' - ~ : [:~ BOX 310 · :BOYNTON BEACH ' FL' 33425-0310 · . ~ , . ~J~T~.~ · · z'~70/~_s~2 ~/05/0~ ooz~ ~,~.00 . VI.-CONSENT AGENDA CITY OF BOYNTON ITEM C.10 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 [] April6,2004 March l5, 2004 (Noon.) [] Junel,2004 Uayl7,2004(Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May4,2004 April19, 2004 (Noon) [] July6,2004 June14, 2004 (Noon) C.,q 7-< [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 {Noon) "~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize execution of Task Order no. U-04-5-01 by Resolution with CH2M Hffi for furnishing a user rate (cost of services) study, a capital facilities charges study, and an engineer's report on the City's water, wastewater and stormwater Utilities. The Task Order fee wffi be a not-to-exceed upper limit of $41,386.25. EXPLANATION: The Utilities Department depends upon revenues from its three primary services (Potable Water, Wastewater and Stormwater) as a means of meeting its operating expenses, non-operating expenses and capital expenses. The user rate portion of this proposed study will review and update the costs for each of the primary services, and compare those revenues to the Utility's expenses in those areas. This Cost of Services analysis will determine the adequacy of rates for each of the primary services that the Utilities Department provides. The Utilities Department is also anticipating major expansion of its water, wastewater and stormwater facilities so as to accommodate the population growth occurring within its service area. The City has had a long-standing policy of passing those expansion costs on to the developers whose construction will require the additional capacity. This pass-through charge is termed a Capital Facilities Charge. The high rate of growth in our area, and the increasing expense of new facilities prompt a review of the Capital Facilities Charge to assure that they wffi adequately fund the debt service created by the need to fund new facilities. Finally, the magnitude of funding required for future capital projects wffi require long-term f'mancing of those improvements through the bond market. In task 3 of this Task Order, CH2M Hill will provide the necessary documentation and engineer's report on the Utility to the bond consulting team. S:~BULLEYINWORMS%GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM CH2M Hill is one of the firms the City Commission approved under Scope "D" (Ancillary Studies and Services) of the Request for Qualifications for General Consulting and Engineering Services, on November 18, 2003. CH2M Hill was selected for this present task from among the approved Scope "D" respondents based upon the proven performance and credentials of their financial planning staff, their knowledge of the City's financial standing, their familiarity with the Utilities Department's infrastructure needs and their availability to perform this project in a timely manner. PROGRAM IMPACT: The Cost of Services and Capital Facilities Charges studies will evaluate the adequacy of current rates, and reveal the need for future adjustments as necessary. FISCAL IMPACT: The upper limit cost of this Task Order is $41,386.25. Funds for this activity are available in accounts 401-5000-590-96-02 (WTR017), 401-5000-590-96-04 (SWR 011), and 401-5000-590-96-07 (STM 028). ALTERNATIVES: Continue to use the current rates, defer capital expansions, and delay service to new development projects. ~~'~ De~pa~tmeit'~~ead' ~Cit~'Manager's Signature Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. " File " S:~BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF TASK 5 ORDER NO. U04-5-01, FOR FURNISHING A COST OF 6 SERVICE AND CAPITOL FACILITIES CHARGE STUDY 7 ON THE CITY'S WATER, WASTEWATER AND 8 STORMWATER UTILITIES, NOT TO EXCEED THE 9 AMOUNT OF $41,386.25, TO CH2M Hill.; AND 10 PROVIDING AN EFFECTIVE DATE. 12 WHEREAS, the Utilities Department depends upon revenues from its three primary 1:5 services as a means of meeting operating expenses, non-operating expenses and capital 14 expenses; and 15 WHEREAS, the Utilities Department is anticipating major expansion of its water, 16 wastewater and stormwater facilities to accommodate population growth within its service 17 area. The high rate of growth and the increasing expense of new facilities prompt a review of 18 the Capital Facilities Charge to assure that they will adequately fund the debt service created 19 by the need to fund new facilities; and 20 WHEREAS, the City Commission, upon staff's recommendation, has deemed it 21 appropriate and in the best interests of the public to approve Task Order No. U04-5-01 with 22 CH2MHII,L for the Cost of Service and Capital Facilities Charge Study, not to exceed the 2:5 amount of $41,386.25. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. S:\CA\RESO'~greements\Task - Change Orders'~:H2M Hill U04-5--01.doc 1 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby authorize and direct the approval and execution of Task Order No. U04-5-01 with 3 CH2MHII.L for the Cost of Sen, ice and Capital Facilities Charge studies no to exceed the 4 amount of $41,386.25 5 Section 3. This Resolution shall become effective immediately upon passage. 6 PASSED AND ADOPTED this __ day of April, 2004. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 l0 11 Mayor 14 Vice Mayor 15 17 Commissioner 19 20 Commissioner 21 22 23 Commissioner 24 25 ATTEST: 26 27 28 City Clerk 29 S:\CA~RESO~Agreements\Task - Change Orders\CH2M Hill U04-5-01 .doc Task Order No. 04-5-01 User Rate, Capital Facilities Charges, and Engineer's Report for Boynton Beach Water, Wastewater, and Stormwater Utilities A. Background The City of Boynton Beach, Florida (CITY) has requested that CH2M Hill (CONSULTANT) provide services relating to updating the City's water and wastewater user rates, capital facilities charges, and assist the City in preparing an Engineer's Report in support of a proposed Water, Wastewater, and Storm water Revenue Bond Issue. This Task Order addresses fees for professional services to provide rate and capital facilities charges and an engineer's report assistance services. B. Scope of Services Task 1 - Prepare Water, Wastewater and Stormwater Rate Study & Cost of Services Analysis The CONSULTANT will prepare a scope of services for the execution of water, wastewater and stormwater rate fee structure study and related user fee schedules for these services. Through this task, the CONSULTANT will develop a spreadsheet model to be used in developing the projected operational and capital expenses making up the revenue requirements (costs to be recovered through the water and wastewater, and storm water fees). Task lA - Data Collection and Project Kick-Off The CONSULTANT will provide the CITY with a detailed list of data and information necessary to complete the rate and capital facilities charge studies, and the engineer's report. The request will be provided to the CITY prior to the project Kick-Off meeting. At the project Kick-Off meeting CITY staff and the CONSULTANT will meet to go over details of task schedules and project milestones. At this meeting the CITY will provide the CONSULTANT with the requested data as well as the status of any data requested that is determined to be unavailable at that date. In the case that requested data is not available, the CONSULTANT and CITY staff will jointly determine the most acceptable avenue to deal with specific data shortfalls. Task lB - Data Analysis and Projection Development The CONSULTANT in cooperation with CITY staff will proceed with a process of updating cost responsibility allocations between the water, wastewater and stormwater utilities from the 2002 Rate Study. These allocations are necessary to isolate the financial requirements of DFI~TASK ORDER 04-01_RATESTUDY_1219031 REV.DOC 1 TASK ORDER NO. 04-01 - RATE, CAPITAL FACILITIES CHARGES, AND ENGINEERS REPORT FOR THE BOYNTON BEACH WATER, WASTEWATER, AND STORIV~ATER UTILITIES each utility (water, wastewater and stormwater) and their demands on combined facilities and staff. Based on these allocations and at least three years of prior billing and system financial performance information, the CONSULTANT will project system and utility level costs for a S_7-year study period. Capital costs associated with current and future capital programs anticipated to be undertaken during the study period will be included in these projections. These system and utility level cost projections will serve as the basis for the water, wastewater, and stormwater system revenue requirements. In the projection process the CONSULTANT will also estimate current user demands and develop user demand projections applicable for the forecast period. The CONSULTANT will develop projections of the number of customers, billed water volumes, wastewater flows, and stormwater (ERUs) for the 7-year study period. City staff have allocated the projected system capital improvement costs between improvements to serve existing customers, and to serve new growth. CONSULTANT will review these allocations and suggest revisions as necessary. An initial assumption of the analysis will be that costs associated with capacity expansion to serve new growth will be recovered through revenues generated through the capital facilities charges. However, the monthly water and wastewater rates will be designed to meet the respective system's cash needs without the capital facilities charge revenues, due to fluctuations that often occur in the capita/facility charge revenues. Based on these projections the CONSULTANT will develop up to three revenue requirement scenarios reflective of possible operational and cost conditions that may be encountered by the CITY. The CONSULTANT will present these scenarios to the CITY for review. Based on the CITY's review and acceptance of a presented scenario, the CONSULTANT will proceed with user rate update and design. Task lC - Rate Update and Design Utilizing the revenue requirement scenario determined as most acceptable by the CITY, the CONSULTANT will provide the CITY with a rate design and fee schedule for each utility that will recover revenues sufficient to meet their individual cost burden. At the CITY's direction the CONSULTANT will continue to use the existing rate structure or provide the CITY with a new or modified rate structure for the water, wastewater, and/or storm water utilities. In the case that current revenue recoveries are determined to not be equitably distributed between the water, wastewater and stormwater utilities the CONSULTANT will discuss with the City options for adjusting the rates to bring them closer to their cost of service (i.e. one time change, or phasing in the adjustment over a few years). A proposed set of rates for the 7year projection period will reflect the CITY's selected rate adjustment approach. Upon completion of the analyses the CONSULTANT will meet with CITY staff to review the preliminary final projections and fee schedules. This meeting will also include the opportunity for final review by the CITY of the CONSULTANT's projections of the combined system's revenue requirements, user demands, capacity requirements, allocations of costs between the separate utilities, allocations of capital improvement costs between existing and future users, and other information determined as critical to the study. Impacts DF~TASK ORDER 04-01_RATESTUDY_1219031 REV.DOC 2 TASK ORDER NO. 04-01 - RATE, CAPITAL FACILITIES CHARGES, AND ENGINEERS REPORT FOR THE BOYNTON BEACH WATER, WASTEWATER, AND STORMWATER UTILITIES of the proposed rates on typical user bills,(including various customer classes~ and a comparison of the typical users bills under the proposed rates with other similar nearby communities will also be provided to the CITY at this time. The meeting will also be used to discuss transition period rate schedules and revenue sufficiency issues related to sufficient recovery of complete operational and capital costs allocable to both the existing system customers and new growth. Adjustments to model assumptions and resulting projections of demand, system costs/usage, and cost allocations will be made as appropriate at this time based on CITY staff comments and direction. Task 1D - Review and Present Rate Study Results A draft rate study report will be developed by the CONSULTANT. The draft rate study report will document the data, assumptions, analyses conducted, and the results of the rate design efforts. Five copies of a first draft report (including one unbound copy) presenting the proposed fee schedules will be provided for CITY review. A meeting with CITY staff will be held to discuss CITY comments on the draft report. Subsequent to this meeting, the Consultant will incorporate all comments and issue a Final Draft report. (10 copies, including one unbound). A second meeting will then be held with City staff to review the Final Draft before presenting it to the City Commission. The CONSULTANT will participate as requested by the CITY in presentation of the study results to the CITY commission at up to two workshops and/or pubhc hearings on the proposed fees. A final report incorporating the CITY's comments on the draft report and adopted fee schedules will be prepared. Ten copies of the final report will be submitted to the CITY (including one unbound copy). Dehverables for Task 1: · Draft revenue requirement scenarios · First Draft of rate study report (5 copies) · Final Draft of rate study report (10 copies) Final rate study report (10 copies) Task 2 - Prepare Water and Wastewater Utility Capital Facilities Charges Study A means of recovering the capital costs allocable to increasing system capacity necessary to accommodate the needs of future customers of the water and wastewater utilities is through the collection of capital facilities charges. The CONSULTANT will develop a schedule of capital facilities charges that will be designed to recover the 'costs of providing capacity to serve new growth. This calculation of the CITY's capital facilities charges will include both the determination of the reimbursement and improvement components commonly included in capital facilities charges. The supporting calculations including current and planned investments associated with anticipated long term capital improvement programs specifically allocable to the water and wastewater utilities and the capacity requirements of DFB\TASK ORDER 04-Of_RATESTUDY_121903! REV.DOC 3 TASK ORDER NO. 04-01 - RATE, CAPITAL FACIUTIES CHARGES, AND ENGINEERS REPORT FOR THE BOYNTON BEACH WATER, WASTEWATER, AND STORMWATER UTILITIES new connections to the water and wastewater facilities will be provided to the CITY through this effort. The CONSULTANT will utilize the capacity projections developed in Task 1. The CONSULTANT will meet with CITY staff to review the preliminary capital facilities charges schedules and projections. A comparison of projected capital facilities charges with other nearby communities will also be conducted and presented to the CITY at this meeting. Revisions will be made to the assumptions associated with the proposed projections and fee schedules at this time at the specific direction of CITY staff. Results of this analysis will be incorporated into the first draft, final draft and final rate study report. Task 3 - Prepare Capital Program Engineers Report and Capital Program Assistance The CONSULTANT will prepare and provide assistance to the CITY in the preparation of the engineer's report necessary for the acquisition of the 2004 Capital Program Bond funds. Task 3A - Prepare Capital Program Engineer's Report and Capital Program Assistance The CONSULTANT will provide the CITY with a complete engineer's report summarizing multiple aspects of the CITY's water, wastewater, and storm water system. This report will detail the current administration of the combined utility. It will present an organizational chart of the management structure and operational responsibilities of the combined, water, wastewater, and stormwater depai-hi-~ents. Current conditions within the service areas will be presented in conjunction with future service area customer, volume, flow and ERU projections. The report will include a section summarizing the current condition of the water, wastewater, and stormwater facilities. Specific federal, state, water management district or local regulatory actions, regulations, or consent decrees impacting the operations of specific facilities will also be identified. The capital improvement program will also be presented along with financial projections of future revenue conditions sufficient to meet all bond covenant requirements associated with debt service and operational obligations resulting from the acquisition of the capital bond funds. Up to 2 drafts of the engineer's report will be prepared for review by the bond consulting team. CONSULTANT will meet with the bond consulting team to review each of the drafts. It is assumed that all of the drafts will be submitted electronically. A final photo-ready version of the report will also be submitted electronically for inclusion in the official statement for the bond issue. Deliverables for Task 3: · Draft reports (up to 2 drafts) · Final report Task 4 - Additional Services Additional services may be provided by the CONSULTANT, at the CITY's request. These services could include participation at the request of the CITY in presentations of the engineer's report and results to the necessary bond rating agencies. The compensation for this additional task(s) will be determined based on the level of effort and participation identified by the CITY. DFB\TASK ORDER 04-01_RATESTUDY_1219031 REV.DOC 4 TASK ORDER NO. 0401 - RATE, CAPITAL FACILITIES CHARGES, AND ENGINEERS REPORT FOR THE BOYNTON BEACH WATER, WASTEWATER, AND STORMWATER UTILITIES C. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope of this task order and its associated fee. Changes and/or modifications in the above work items or these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: 1. Variations or increases in the number of revenue requirement scenarios, or rate design options prepared for the CITY are considered to be Additional Services. 2. Participation in more meetings, workshops, or presentations than identified in Section B Tasks 1-3 are considered to be Additional Services. 3. Preparation of additional drafts of the engineer's report, or CONSULTANT participation in engineer's report presentations to bond rating agencies (identified in Optional Task 4) at the request of the CITY are considered to be Additional Services. O. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated December 2003 between the City of Boynton Beach and CH2M HILL. fi. Obligations of the CITY 1. For the Water, Wastewater and Stormwater Rate Study, Capital Facilities Charge Study, and Engineer's Report, the CITY shall provide the CONSULTANT within 30 days of request, all records, data and information related to the combined utility system, water system, wastewater system and stormwater system determined to be necessary for the performance of services specified herein. 2. CITY will provide timely review of all materials submitted, and participate in meetings to review CITY comments on these materials. F. Compensation Compensation by the CITY to the CONSULTANT for Tasks 1-3 inclusive is $39,370.05. Compensation for these tasks will be on a lump sum basis in accordance with the above mentioned Agreement. An allowance of $2,016.20 is incorporated into the proposed fee for Task 4 as a contingency for additional services. The funds will not be expended without written direction from the City. Any services requested by the City trader this task will be provided on a time and materials basis. The total fee with Task 4 is $41,386.25. G. Schedule The CONSULTANT will commence Tasks 1, 2, and 3 upon receipt of written authorization and will complete all work associated with Tasks 1, 2, and 3 of this Task Order 04-5-01 within six (6) months from the receipt of authorization. A detailed schedule will be developed in cooperation with the CITY's project manager during the initial Task of this project. DFB~TASK ORDER 04-01_RATESTUDY_1219031 REV.DOC 5 TASK ORDER NO. 04-01 - RATE, CAPITAL FACIUTIES CHARGES, AND ENGINEERS REPORT FOR THE BOYNTON BEACH WATER, WASTEWATER, AND STORMWATER UTILITIES APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this __ day of ,2004. SUBMITTED BY: CH2M HILL, INC. Tom McCormick, P.G. ' Vice President Dated this "~O day of /~zC'~ ,2004. DFI~TASK ORDER 04-01_RATESTUDY_1219031 REV.DOC 6 · Labor Hours/Price Page 1 of 4 Task Order 04-01 - Boynton Beach Rate, CI-12R/IHILL Impact Fee and Eng. Study Labor Hours/Price Chargeable Tasks with Period Subtotals Description Bill Rate Hours Amount Calendar Year 2004 Top Task P1 Task P1.01 - Data Collection & Kick Off Accounting $80.00 4 $320.00 Administrative Assisant $75.00 I $75.00 CSM $150.00 4 $600.00 Senior Economist $110.00 7 $770.00 Senior Principal Economist $155.00 5 $775.00 Staff Economist $80.00 6 $480.00 Subtotal for 27 $3,020.00 Total Other Direct Expenses $161.80 Total Travel $18.75 Subtotal for Task P1.01 - Data Collection & Kick Off 27 $3,200.55 Task P1.02 - Data Analysis - Cost Allocations Administrative Assisant $75.00 2 $!50-00 CSM $150.00 2 $300.00 Senior Economist $110.00 16 $1,760.00 Senior Principal Economist $155.00 6 $930.00 Staff Economist $80.00 32 $2,560.00 Subtotal for 58 $5,700.00 Total Other Direct Expenses $342.20 Subtotal for Task P1.02 - Data Analysis - Cost Allocations 58 $6,042.20 Task P1.03 - Rate Update and Design Administrative Assisant $75.00 4 $300.00 Senior Economist $110.00 4 $440.00 Senior Principal Economist $155.00 5 $775.00 Staff Economist $80.00 12 $960.00 Subtotal for 25 $2,475.00 Total Other Direct Expenses $150.00 Total Travel $18.75 Subtotal for Task P1.03 - Rate Update and Design 25 $2,643.75 Task P1.04 - Review and Presentation of Results Administrative Assisant $75.00 16 $1,200.00 CSM $150.00 4 $600.00 2/19/2OO4 17:03:18 EST Page 1 of 4 httl~://www.int.ch2m.com/t)roiectoricer/Reoorts.as~)?Id=98&PronosalId=l 1244&Prorm.qalVer 021101?fkqd Labor Hours/Price Page 2 of 4 Task Order 04-01 - Boynton Beach Rate, CH2MHILL Impact Fee and Eng. Study Labor Hours/Price Chargeable Tasks with Period Subtotals Description Bill Rate Hours Amount Editor $80.00 6 $480.00 Graphics $75.00 2 $150.00 Senior Economist $110.00 8 $880.00 Senior Principal Economist $155.00 14 $2,170.00 Staff Economist $80.00 12 $960.00 Subtotal for 62 $6,440.00 Total Other Direct Expenses $440.80 Total Travel $37.50 Subtotal for Task P1.04 - Review and Presentation of Results 62 $6,918.30 Subtotal for Top Task P1 172 $18,804.80 Top Task P2 Task P2.01 - Data Collection Accounting $80.00 3 $240.00 CSM $150.00 1 $150.00 Senior Economist $110.00 5 $550.00 Senior Principal Economist $155.00 3 $465.00 Staff Economist $80.00 4 $320.00 Subtotal for 16 $1,725.00 Total Other Direct Expenses $94.40 Total Travel $18.75 Subtotal for Task P2.01 - Data Collection 16 $1,838.15 Task P2.02 - Data Analysis Administrative Assisant $75.00 2 $150.00 Senior Economist $110.00 4 $440.00 Senior Principal Economist $155.00 2 $310.00 Staff Economist $80.00 16 $1,280.00 Subtotal for 24 $2,180.00 Total Other Direct Expenses $141.60 Subtotal for Task P2.02 - Data Analysis 24 $2,321.60 Task P2.03 - Capital Facilities Fee Design Administrative Assisant $75.00 2 $150.00 Senior Economist $110.00 4 $440.00 Senior Principal Economist $155.00 2 $310.00 Staff Economist $80.00 6 $480.00 Subtotal for 14 $1,380.00 2/19/2004 17:03:18 EST Page 2 of 4 htto://www, int.ch2m.com/nroiectnricerlRenort.q.a.qngld=OR~rPrnnr~alId=l 19azt,e, rPrcmc,~alVor rio11019fifkt Labor flours/I-'rice Page 3 of 4 Task Order 04-01 - Boynton Beach Rate, CI-12NIHILL Impact Fee and Eng. Study Labor Hours/Price Chargeable Tasks with Period Subtotals Description Bill Rate Hours Amount Total Other Direct Expenses $82.60 Subtotal for Task P2.03 - Capital Facilities Fee Design 14 $1,462.60 Task P2.04 - Review and Presentation of Results Administrative Assisant $75.00 2 $150.00 CSM $150.00 2 $300.00 Editor $80.00 I $80.00 Graphics $75.00 I $75.00 Senior Economist $110.00 4 $440.00 Senior Principal Economist $155.00 8 $1,240.00 Staff Economist $80.00 6 $480.00 Subtotal for 24 $2,765.00 Total Other Direct Expenses $166.60 Total Travel $37.50 Subtotal for Task P2.04 - Review and Presentation of Results 24 $2,969.10 Subtotal for Top Task P2 78 $8,591.45 Top Task P3 Task P3~01 - Preparation of Engineers Report and Bond Study Accounting $80.00 3 $240.00 Administrative Assisant $75.00 20 $1,500.00 CSM $150.00 17 $2,550.00 Editor $80.00 10 $800.00 Graphics $75.00 4 $300.00 Senior Economist $110.00 15 $1,650.00 Senior Principal Economist $155.00 16 $2,480.00 Staff Economist $80.00 22 $1,760.00 Subtotal for 107 $11,280.00 Total Other Direct Expenses $656.30 Total Travel $37.50 Subtotal for Task P3.01 - Preparation of Engineers Report and Bond Study 107 $11,973.80 Subtotal for Top Task P3 107 $11,973.80 Top Task P4 Task P4.01 - Addtl Services Accounting $80.00 2 $160.00 CSM $150.00 2 $300.00 2/19/2004 17:03:18 EST Page 3 of 4 httD://www.int.ch2m.com/nroiectnricer/Renort.q.a.qn?ld=Oa&Prono.qalld=l 12A.A~rPrnnncalVar (19/10/gflflzt LaOor Hours/t'nce Page 4 of ~ Task Order 04-01 - Boynton Beach Rate, ~11 CH2MHILL Impact Fee and Eng. Study ~ Labor Hours/Price Chargeable Tasks with Period Subtotals Description Bill Rate Hours Amount Senior Economist $110.00 6 $660.00 Senior Principal Economist $155.00 2 $310.00 Staff Economist $80.00 6 $480.00 Subtotal for 18 $1,910.00 Total Other Direct Expenses $106.20 Subtotal for Task P4.01 - Addtl Services 18 $2,016.20 Subtotal for Top Task P4 18 $2,016.20 Subtotal for Calendar Year 2004 375 $41,386.25 Grand Total $41,386.25 2/19/2004 17:03:18 EST Page 4 of 4 httt>://www~int~ch2m~c~m~r~iect~ricer/Ret)~rts~ast> ?~d=98&Pr~D~sa~Id= ~ ~ 2 44&Pr~r~sa~V er~ 02/19/2004 VI.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM C. xl AGENDA ITEM REQUEST FO Requested Ob/ Date Final Form Must be Requested City Commission Date Final Form Must be Commission Meetinq Dates Turned in to City Clerk's Office Meetinq Dates Turned in to Otc Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) .".'-~ May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) .~ -~c:~ [] Administrative [] Legal c,n NATURE OF [] Announcement [] New Business ~- AGENDA 1'rEM [] City Manager's Report [] Presentation ? [] Consent Agenda [] Public Hearing ~ r~ Code compliance/Legal [] Settlements [] Unfinished Business RECOMMENDATION: Approve resolution amending the Cemetery Rules & Regulations to add a rule requiring that on all new mausoleum sales, bodies to be placed in the mausoleum must be embalmed. On previously purchased crypts, if a person does not wish to be embalmed, the body must be placed in a Ziegler case. In addition, a plastic tray must be placed under the casket on al._Jl emtombments. EXPLANATZON: The Cemetery Board discussed the leakage incident that occurred at the Boynton Beach Mausoleum for the purpose of determining methods of avoiding a similar situation in the future. .lohn Wildner, Deputy Director of Recreation & Parks, surveyed mausoleums in the surrounding community and brought those options to the Cemetery Board for their review. After lengthy discussion, the members agreed that purchasers of new crypts at the Mausoleum would be advised at the time of purchase that the bodies must be embalmed. Tn addition, a tray would be required to be placed under every casket that is entombed in the Mausoleum. For those people who purchased space in the Mausoleum previously, they would be advised that a Ziegler case as well as a tray would be required if they do not choose to be embalmed. Tn all cases, the costs for the trays and Ziegler cases would be passed on from the funeral home to the purchasers. PROGRAM TMPACT: F~SCAL TMPACT: No fiscal impact to the City. ALTERNA'D~VES: _ RislLhaving another leakage incident at the Boynlon ~ch Mausoleum. City Clerk's Office Department Name City Attorney / Finance / Human Resources S:\CC~WPXCEMETERYXAGENDAXAgenda Item Request Form for 4-20-04 City Commission meeting regarding Rule Change for Entombments.dot RESOLUTION NO. 04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CEMETERY RULES & REGULATIONS REQUIRING THAT ON ALL NEW MAUSOLEUM SALES, BODIES TO BE PLACED IN THE MAUSOLEUM MUST BE EMBALMED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cemetery Board has met and determined that, to avoid any future leakage incidents, that all new purchasers of new crypts at the Mausoleum will be advised that all bodies must be embalmed, and in addition a tray must be placed under every casket that is entombed in the Mausoleum; and WHEREAS, the Cemetery Board has determined that for those people who purchased space in the Mausoleum previously, they will be advised that a Ziegler style case as well as a tray would be required if they do not choose to be embalmed; and WHEREAS, upon recommendation from the Cemetery Board, the City COmmission has determined that the proposed amendment to the Cemetery Board Rules & Regulations is in the best interests of the residents of the community; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Each Whereas clause set forth above is hereby ratified as being tree and correct and incorporated herein by this reference; Section 2. The City Commission of the City of Boynton Beach, Florida, amends the Rules and Regulations of the Cemetery Boards by creating a new paragraph 24. to read as follows: 24. As of the date of adoption of Resolution No. 04- , on all new sales, the bodies placed in the Mausoleum must be embalmed. On previously purchased crypts, if a person does not wish to be embalmed, the body must be placed in a S:\CA\RESOV~dministrative\Cemetery R&R - Embalment.doc Ziegler style case. Plastic trays must be placed under the casket on all entombments in the Mausoleum, whether the bodies are embalmed or not. The funeral home will bear the cost of the Ziegler style case and plastic trays, but will pass that cost on to the purchaser. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this __ day of April, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\RESO~Administrative\Cemetery R&R - EmbalmenLdoc NOTICE TO LOT OWNERS IN BOYNTON BEACH MUNICIPAL CEMETERIES Rules and Regulations Amended September 3, 1998 GENERAL 1. Lot owners shall not allow interments to be made in their lots for remuneration; nor shall any transfer, assignment, or conveyance of any lot or any interest therein be valid without the consent in writing of the City of Boynton Beach and same endorsed upon such transfer, assignment or conveyance. No transfer, assignment, or conveyance of a lot can be made after an actual interment in it, except with the consent of the City of Boynton Beach after the body is lawfully removed therefrom. No disinterment shall be allowed except by the consent of the Board of Governors and upon written request of the owner or owners of the lot and in every case shall only be made by the proper authorities. (NOTE: Authorized disinterment and shipment of body may be made only by a licensed funeral director licensed in Florida to another licensed funeral director at terminal point.) 2. The City of Boynton Beach is reluctant to interfere with the tastes of individuals in regard to the style of their improvements at the cemetery; but in justice to the interest of the whole and all cemetery lot owners, it reserves to itself the right of preventing or removing any erection, enclosure, monument, inscription, tree or shrub which is inconsistent with the purpose of these rules and which the City considers injurious to the grounds. Under no circumstances will lots be allowed to have on them growing or live plants, trees, or bushes directly planted in the ground and such will be removed by City employees. 3. In addition to the grave marker, there will be a limit of three items placed on a grave site. In general, these three items can be those chosen by the owner, but must be able to be moved with one hand and flowers must be in a container that has a solid base so that it will easily stand erect or in a container with a point on the bottom that is easily stuck into the ground. These items must be tastefully placed at grave sites. Employees will, for cemetery maintenance purposes, move and replace these items with care, but the City does not accept responsibility for replacing broken items unless there is a clear negligence on the part of the City employees. (NOTE: City employees may remove any item placed on a grave site that becomes untidy or unsightly to the appearance of the Cemetery.) 4. All lot enclosures of any kind whatever are prohibited. Comer stones properly numbered and set flush with the surface of the ground will be allowed. No brick work will be allowed above ground level in any portion of the cemeteries. No mounds are permitted over graves. The grade of all lots will be determined by the Board of Governors. 5. No person shall be allowed to perform any modification or construction on a lot without a permit from the City. No money should be paid to any person in the employ of the City for services or attention, other than their salaries and wages paid by the City. 6. To protect the grounds and especially improved lots from injury, all excavations shall be made by the c ty. 7. All permanent grave markers must be ground level, of bronze, marble or granite material and placed on a six (6) inch concrete base, subject to proper permit and fees. 8. All temporary grave markers will be allowed for a period of six months from date of burial. Temporary markers will be removed by cemetery workers after that time. 9. All urns, vases, or grave markers damaged or lost will not be the responsibility of the cemetery. 10. No wooden boxes may be used for interment. Casket must be encased in a solid container- concrete container or vault. 11. The Board of Governors from time to time may initiate and recommend the laying out, altering, or closing of such avenues or walks and make such rules and regulations for the government and improvement of the cemetery as it may deem requisite and proper, subject to City Commission approval. 12. No purchaser shall be entitled to a deed to any lot nor will a burial be permitted in any lot until all accounts relating thereto and due the City are paid. 13. Lots, if not needed, may be returned to the City for a refund of the purchase price less 20 percent. The deed must be surrendered. No sign indicating that a lot is "For Sale" will be permitted on the grounds. 14. On Veterans' Day and other national holidays, the Veterans' organizations may join in memorial services at the cemeteries upon scheduling with the Secretary of the Cemetery Board, the City Clerk. MAUSOLEUM 15. Mausoleum Crypts or Niches - Prior to interment, an owner may transfer or resell the mausoleum crypt or niche provided the owner first obtains the written consent of the City of Boynton Beach and Boynton Beach Mausoleum, Inc. Such consent shall be given automatically provided that the new purchaser's name, address and phone number are on file with the City Clerk and an administrative fee equal to the cost of relettering the mausoleum, crypt, or niche is paid to Boynton Beach Mausoleum, Inc. After interment, resale or transfer of ownership shall be allowed only to the City of Boynton Beach at a cost of 50% of the original purchase price paid for the crypt or niche and provided that disinterment has occurred and implemented by the proper authorities. The City may not offer these crypts or niches for sale until the termination of the contract with Boynton Beach Mausoleum, Inc. No disinterment shall be allowed except by the consent of the Board of Governors following written request by the owner or owners of the crypt/niche and in every case shall only be made by the proper authorities. (NOTE: Authorized disinterment and shipment of body or remains may be made only by a licensed funeral director licensed in Florida to another licensed funeral director at terminal point.) 16. The City reserves to itself the right to approve any erection, enclosure, monument, inscription, tree or shrub. 17. In addition to the bronze letters, there will be a limit of two emblems allowed per crypt/niche. These bronze letters and emblems may be obtained from Boynton Beach Mausoleum, Inc., who is the City's exclusive sales agent, and shall be installed by the City of Boynton Beach. 18. Potted plants or artificial flowers are not permitted on the Mausoleum complex at any time. Fresh flowers are permitted to remain for a period of three (3) days. One bouquet per crypt/niche will be allowed. Vases are available at the Mausoleum Office. Flowers must be in a container that has a solid base so that it will easily stand erect. This item must be tastefully placed at crypt/niche sites. Employees will, for maintenance purposes, move and replace these items with care, but the city does not accept responsibility for replacing broken items unless there is a clear negligence on the part of the City employees. (NOTE: City employees may remove any item placed on a crypt/niche site that becomes untidy or unsightly to the appearance of the Mausoleum.) 19. No person shall be allowed to perform any modification on anything without written permission from the City. No money should be paid to any person in the employ of the City for services or attention, other than their salaries and wages paid by the City. 20. All original sales of mausoleum crypts or niches shall be originated by Boynton Beach Mausoleum, Inc. Boynton Beach Mausoleum, Inc. shall then forward an executed request for the issuance of a certificate of ownership within 30 days which shall include the purchaser's complete name, address and phone number. Upon receipt of a request for the issuance of a certificate of ownership, the City shall issue a certificate of ownership and forward it to the purchaser within 14 days. There shall be no fee for issuance for the certificate of ownership. 21. Boynton Beach Mausoleum Inc. shall provide copies of every sales contract for each crypt/niche sold to the City within 30 days of the sale. There shall be no requirement for an annual audit. 22. Any veterans' organization may erect a flag and/or memorial at the entrance to the Mausoleum Chapel on Memorial Day. 23. The Board of Governors from time to time may recommend the altering of the Rules and Regulations for the government and improvement of the mausoleum as it may deem requisite and proper, subject to City Commission approval. At any time the Board of Governors proposes amending or altering the Rules and Regulations for the mausoleum, they must notify Boynton Beach Mausoleum, Inc. by certified mail return receipt requested of the proposed changes, at the same time any City Commission action is sought regarding the rules. Boynton Beach Mausoleum, Inc. shall be given forty-five (45) days from the date it receives notice of intended action by the Board of Governors prior to any City Commission action being taken. All Rules and Regulations shall be applied prospectively from the date of adoption. No Rule or Regulation shall be construed in a manner which would negate or alter any contractual right between Boynton Beach Mausoleum, Inc. and any party to a purchase agreement with Boynton Beach Mausoleum, Inc. or any contractual right between the City of Boynton Beach and Boynton Beach Mausoleum, Inc. *24. As of the date of adoption of Resolution No. R04- , on all new sales, the bodies placed in the Mausoleum must be embalmed. On previously purchased crypts, if a person does not wish to be embalmed, the body must be placed in a Zieqler case. Plastic trays must be placed under the casket on all entombments in the Mausoleum, whether the bodies are embalmed or not. The funeral home will bear the cost of the Zie~ler cases and plastic trays, but will pass that cost on to the purchaser. *New Rule Revised April 20, 2004 The Ci.ty of Boynton Beach City Clerk's Office ~oo E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (56~) 74:-6o6o FAX: (56~) 74~-6o9o e-mail: prainitoj@ci.boynton- beach.fi.us www.boynton-beach.org BY CERTIFIED MAIL #7002 0860 0005 3119 5665 February 27, 2004 MR. BRADY OSBORNE BOYNTON BEACH MAUSOLEUM, INC. 16 ! 1 SOUTH SEACREST BOULEVARD PO DRAWER 1429 BOYNTON BEACH, FL 33425 Dear Mr. Osborne: At the Cemetery Board meeting of February 26, 2004, the members unanimously passed a motion to recommend to the City Commission that the Cemetery Rules & Regulations be amended to include a rule under "Mausoleum" as follows: "...On all new sales, the bodies to be placed in the Mausoleum have to be embalmed. On previously purchased crypts, if an individual does not wish to have embalmment for whatever reason, the body must be placed in a Ziegler case. Plastic trays must be placed under the casket on all entombments in the Mausoleum, whether the bodies are embalmed or not. The funeral home would bear the cost of the Ziegler cases and plastic trays, but would pass that cost on to the purchaser." This recommendation will be forwarded to the City Commission for their consideration' and adoption on April 20, 2004. !f ! can offer any assistance or provide any additional information, please let me know. Very truly yours, CITY OF BOYNTON BEACH ainito, CMC City Clerk c: Cemetery Board; Kurt Bressner, John Wildner, James Cherof, B. Sangi, Central File S:\CC\WP\CEMETERY~Letters\Notice to B. Osborne regarding Intent to Amend Rules Regarding Embalmingdoc.doc A rn~rir~a '.~ (Tat~wa¥ tn th.~ (Tr~f.~trearn VI.-CONSENT AGENDA ITEM C.12 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2000 March 15, 2000 (Noon.) [] June 1, 2000 May 17, 2004 (Noon) [] April20,2004 April 5, 2004 (Noon) [] June l5, 2004 May 31, 2004 (Noon)~.i2. [] May4,2004 April19, 2000 (Noon) [] July6,2000 Junel4,2004(Noon):-~ cD''el [] May 18, 2000 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal co.. NATURE OF [] Announcement [] New Business c:> rnc~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] ,Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for Amendment No. 1 to Task Order #R04-10-001 in the amount of $7,000 to Kimley-Horn and Associates, Inc. for preparation of a boundary survey for the entire project area, review of title commitment and preparation of individual boundary surveys on five (5) properties within the boundaries of the project. EXPLANATION: The original Task Order #R04-10-001 in the amount of $119,700 was approved by Commission on March 16, 2004 utilizing the negotiated rates established in the General Consulting and Engineering Services Contract, RFQ~065-2821-03/CJD. PROGRAM IMPACT: This project involves land acquisition activities. Title search and boundary surveys are necessary as part of these activities. FISCAL IMPACT: The increase costs for the boundary surveys of $7,000.00 will be funded from the CIP account as follows: Account Description Account Number Buduet Engineering Fees 302-4113-580-31-30 $7,000.00 ALTERNATIVES: Do not accept Amendment No. I -Task Order #R04-10-001. ~6partment Head~s Signature City Manager's Signature Recreation & Parks Deparlment Department Name City Attorney~Fil~ _ap_c_e / Human Resources S:kBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC VI.-CONSENT AGENDA RESOLUTION NO. R04- ITEM C. 12. A RESOLUTION OF THE CITY OF FLORIDA, AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO TASK ORDER.NO. R04-10-001 TO KIMLEY-HORN AND ASSOCIATES, INC., IN THE AMOUNT OF $7,000.00, PROVIDING FOR ADDITIONAL GENERAL CONSULTING AND ENGEERING SERVICES FOR THE WILSON CENTER, PARK AND PoOL PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, task Order R04-10-001 was approved by the City Commission on March 16, 2004, however, the original Task Order did not include preparation of a boundary survey for the entire project area, review of title commitment and preparation of individual boundary surveys on five (5) properties within the boundaries of the project; and WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve Amendment No. 1 to Task Order No. R04-10-001 for Kimley-Horn, in the amount of $7,000.00, for the additional consultant and engineering services for the Wilson Center, Pool and Park Complex. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses arc hereby ratified and confirmed as being tmc and correct and arc hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct execution Amendment No. 1 to Task Order No. R04-10-001 for Kimley-Hom and Associates, Inc., in the amount of $7,000.00, for the additional sereices for the Wilson Center, Pool and Park Complex. ~, Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO~Agreements\Task - Change Orders\Task Order Amendment I - Kimley Horn - Wilson Center.doc PASSED AND ADOPTED this __ day of April, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\RESOV~greements\Task - Change Orders\Task Order Amendment 1 - Kimley Horn - Wilson Center.doc Kimley-Horn and Associates, Inc. April 2, 2004 · 4431 Embarcadero Ddve West Palm Beach, Florida Mr. Wally Majors 33407 Recreation & Parks Director City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 Re: Amendment 1 - Task Order R04-10-001 Boundary Survey Additional Services Wilson Center, Pool and Park Complex Dear Mr. Majors: Kimley-Horn and Associates, Inc. (Consultant) is pleased to submit this Amendment 1 to the City of Boynton Beach (City) for consulting engineering services for improvement of the Wilson Center and Pool Complex. This amendment is to include the additional services associated with the Boundary Survey information we discussed at our meeting with Mr. Ezrol at your office last week. SCOPE OF SERVICES AND COMPENSATION The specific scope of services and related compensation isdefined in Exhibit A. CONTRACT REFERENCE This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2003 between the City of Boynton Beach and Kimley-Horn and Associates, Inc. as adopted by Resolution Number R03-182. CLOSURE If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute the signature block at the bottom of this Amendment. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. · TEL 561 845 0665 FAX 561 863 8175 I~,l~ Kimley-Horn Mr. Wally Majors, April 2, 2004, Page 2 Ir_~ and Associates, Inc. Amendment I for Wilson Center, Pool and Park Complex We appreciate the opportunity to provide these services to you. Please contact Angelina Fairchild at (561) 840-0249 or Michael Spruce at (561) 840-0852 if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. By: David R Bardt, P.E. Angelina G. Fairchild, P.E. Vice President Vice President Attachments DATED this day of ,2004. CITY OF BOYNTON BEACH Kurt Bressner, City Manager Kimley-Horn and Associates, Inc. Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: EXHIBIT A Scope of Services Survey Services TASK 1: Prepare Bounda~ Survey of Wilson Center Property, subject parcel bounded as follows: On the south by the north Right-of-Way line ofNW 12* Street; on the west by the east Right-of-Way line of the C-16 Canal; and on the east by the west Right-of-Way line of NW 1st Street and the northerly extension thereof. Subject property is approximately six (6) acres, more or less. TASK 2: Review title commitment and/or title search, provided by your office, of subject parcel and reflect easements and/or Rights-of-Way of record on survey document. TASK 3: Prepare Individual Boundary Surveys on five (5) properties within overall boundary of Wilson Center Project: >' Property: 1407 NW 1st Street PCN 08434521140005192 )* Property: 1401 NW 1st Street PCN 08434521140005191 ~ Property: 216 NW 13t~ Avenue PCN 08434521140004990 ~' Property: 204 NW 13th Avenue PCN 08434521140005060 ~ Property: 206 NW 13t~ Avenue PCN 08434521140005030 FEES: Task 1: $3,500.00 Task 2: $500.00 Task 3: $3.000.00 Total Lump Sum: $7,000.00 TIME FRAME: Allow 30 days from authorization to proceed for finished survey documents. H:\044349007XConlxact Proposals\Wilson Center - Amendment I (040104).doc VI.-CONSENT AGENDA WEM E.1 CITY OF BOYNTON BEA AGENDA ITEM REQUEST FOl Vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal c2 NATURE OF [] Announcement [] New Business a:~ '~"~ AGENDA ITEM [] City Manager's Report [] Presentation ~ "~c:~ [] Consent Agenda [] Public Hearing .~. ~r~ [] Code compliance/Legal Settlements [] Unfinished Business ~ place this request on the April 20, 2004 City Commission Agenda ~ C~ RECOMMENDATION: Please Agenda.(~With a 6 to 1 vote, the Community Redevelopment Agency Board recommends that the subject requet~ be ~d. You will recall the Commanity Redevelopment Agency Board, on March 16, 2004, tabled the request to the April 13, 20~4 CRA meeting, to allow collaboration of the applicant and staff to consider alternative locations for the proposed tiki hut and bathroom, that would minimize, or eliminate the necessity for the variance application. The applicant proposed/accepted no alternative locations. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-053. EXPLANATION: PROJECT: Mariners Way (ZNCV 04-001) AGENT: K.P. Hislop OWNER: Mariners Way Homeowners Association LOCATION: 800 Mariners Way DESCRIPTION: Request relief from Chapter 2, Zoning, Section 5.C.2.A, requiring a minimum front yard setback of forty (40) feet, to allow for a variance of thirty (30) feet, and a from yard setback often (10) feet for a sU~cture within a R-3 zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES~ .. ~r Planing and Zo~ City Attorney / Finance / Human Resources S:XPIanningXSHARED\WP~PROJECTSXlVIariners WayXZNCV 04-001XAgenda Item Request Mariners Way (ZNCV 04-001).dot S:XBULLETIN~ORMSX~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN]:NG AND ZON]:NG D]:V]:S:iON MEMORANDUM NO. PZ 04-053 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency THRU: Michael W. Rumpf Planning and Zoning Director FROM: Maxime Ducoste-A, Planner DATE: March 1, 2004 PROJECT NAME/NO: Mariners Way/ZNCV 04-001 REQUEST: Relief from Chapter 2, Zoning, Section 5.C.2.A, requiring a minimum front yard setback of forty (40) feet, to allow for a variance of thirty (30) feet, and a front yard setback of ten (10) feet for a structure within a R-3 zoning district. PR03ECT DE$CR]:P'rZON Property Owner: Mariners Way Homeowners Association Applicant/Agent: K.P. Hislop Location: 800 Mariners Way, Boynton Beach, Florida Existing Land Use/Zoning: High Density Residential (HDR)/R-3 Proposed Land Use/Zoning: No changes are proposed Proposed Use: Accessory structures (tiki hut and bathroom) Acreage: 4.75 Acres (206,9:L0 square feet) Adjacent Uses: North: A single-family house zoned R-l-M, single residential district, and farther north is South Road right-of-way; South: A multi-family residential development zoned R-3, multi-family residential district; East: The right-of-way for the ]ntracoastal Waterway; and West: A commercial development zoned C-4, general commercial district. Staff Report Memorandum No PZ-04-053 Page 2 BACKGROUND The subject property is currently zoned R-3, multi-family residential. The property is adjacent to the west side of the Intracoastal Waterway at the end of N.E. 12t~ Avenue (see Exhibit"A"- Location Nap). The applicant has requested relief from the above-referenced code requirement to allow for the continued existence of a 192 square loot"t/k/hut" built at the northeast corner of the subject property, which represents the front of the subject development. The "tiki hut" measures twelve (12) feet by sixteen (16) feet, and is 11.4 feet high (see Exhibit "B"- survey/site plan). For a structure with those dimensions the code requires a forty (40) foot front yard setback and twenty (20) foot side yard setback in the subject zoning district. As part of this request, the applicant is also proposing to provide a bathroom facility at the pool area, which this development currently lacks. Such facility was not required when this development was built. The bathroom, measuring 5.8 feet by 5.8 feet, is proposed to be located ten (10) feet from the north property line. This would place it immediately west of the pool area, in an the existing parking space. The applicant placed the "tiki hut" at 10.8 feet from the front property line encroaching into the forty (40) foot front yard setback (see Exhibit "B"- survey/site plan). The owners did not apply for a permit for the"tiki hut". Consequently, Code Compliance issued a citation for the construction of the tiki hut. In response to the citation, the applicant has submitted a building permit application and minor modification (see Exhibit "C"- Denial Letter). However, these requests were denied due to encroachment into the front yard setback. To rectify the situation and to allow this encroachment, the applicant is requesting this variance. If approved, the owners would then be required to submit a minor site plan modification and obtain all necessary building permits for the desired structures. ANALYSTS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That spec/a/conditions and circumstances ex/st which are peculiar to the/and, structure, or bullring involved and which are not applicable to other/ands, structures or bu#dings in the same zoning d/strict. b. That the spec/a/conditions and circumstances do not result from the actions of the applicant. c. That gran~'ng the variance requested will not confer on the app#cant any spec/a/privilege that is denied by this ordinance to other/ands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning d/strict under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the /and, bullring, or structure. f. That the granting of the variance wi//be in harmony w/th the genera/intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the pub/lc we/fare. g. Variances to m/n/mum lot area or lot frontage requirements, that property is not ava#able from adjacent properS'es in order to meet these requirements, or that the acquisitfon of such property would cause the adjacent property or structures to become nonconforming. Applicant sba//pro,de an Staff Report Memorandum No PZo04-053 Page 3 affidavit with the application for variance stating that the above mentioned condib'ons exist with respect to the acquisition of additional property. The applicant's responses to the above criteria (see Exhibit "D"), fails to satisfy hardship conditions for the following reasons: 1. The subject parcel's size and dimensions, as approved by plat, meet the current code requirements for a R-3 zoned lot; and 2. The variance is made necessary by actions of the applicant. Staff visited the site and estimates there to be sufficient space to accommodate this bathroom with a significantly greater setback than proposed. Staff concurs with the applicant that special conditions and circumstances exist. The fact that the pool is constructed in the northeast corner of the site, at the most narrow portion of the property, makes it virtually impossible to construct the tiki hut on the pool deck for maximum usage for pool activiUes, in compliance with minimum setbacks. However, these conditions are not natural to this particular property, but result from actions by previous developer (project design and pool location), therefore criteria "a" is not satisfied. The fact that the pool was built along the north property line, and the tiki structure was constructed by a Seminole tribe member does not exempt the applicant from zoning requirements. With respect to criteria "b" above, staff realizes that the variance request would not have been necessary if the applicant had initially applied for a site plan modification and building permit as required. During the review process, the applicant would have been informed of the code regulations regarding the proper placement of this tiki hut in this zoning district. Although the subject parcel is unusual in shape, the actions of the applicant have generated the circumstances. With respect to item "c'; given that the property has been approved for a permitted use (multi-family) in the R-3 zoning district, approval of this variance request would grant special privileges to the applicant, by allowing a structure to be placed within the minimum required setback, thereby possibly creating adverse impacts on adjacent properties. Accordingly, denial of this variance request would not deprive the applicant of the rights already enjoyed by others. Therefore, criteria "c" is not satisfied. Although the properties to the north are not in the same zoning district as the applicant, thereby not applicable when reviewing Criteria "c", variances have been granted to various properties which allowed reductions from the required 25-foot rear setback, down to the 10 foot seatback being requested by the applicant. The subject property was improved with a multi-family development in compliance with minimum setback requirements, and developed by maximizing the site. As such, this request does not represent the minimum necessary to make reasonable use of the land, structure or building. Therefore, since "reasonable" use of the land has been proven, this variance is not justified, and criteria "e" is not met. With respect to impacts on the area, and criterion "f" above, the tiki hut and proposed bathroom would be separated from nearby single-family properties to the north by insignificant distances (10 feet compared to the required ~,0 feet). Staff understands that the proposed tiki hut would provide needed shade for the pool area, but this would potentially be at the detriment of reducing views, light and airflow for the adjacent properties. Criterion "g" is not applicable to the subject request. Staff Report Memorandum No PZ-04-053 Page 4 Staff realizes through this analysis that the owner has limited options for this tiki hut. The proper placement of a structure is limited by the existing swimming pool layout on the property, the property's configuration at the easternmost portion, and the district requirements. However, where setbacks cannot be met, alternatives for providing shade without involving structural improvements must be considered. RECOHMENDA'r[0N Based on the analysis contained herein, staff recommends that the request from Relief from Chapter 2, Zoning, Section 5.C.2.A, requiring a minimum front yard setback of forty (40) feet, to allow for a variance of thirty (30) feet, and a front yard setback of ten (10) feet for a structure within a R-3 zoning district be denied for the following reasons: 1. Lack of traditional hardship, and specifically, that relief is not necessary to make possible the reasonnable use of the land; 2. The special conditions and circumstances are a result of actions taken by the applicant (e.g. design and layout of the proposed improvement); and 3. The proposed bathroom addition could be alternatively placed so as to maximize the setback and therefore minimize the magnitude of, or need for a setback variance. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "E" - conditions of approval. MWR/MD S:\PIanning\SHARED\WP\PRO.~ECTS\Hadners Way\ZNCV 04-O01\Staff Report. doc 1 in. = 221.6 feet BOYNTON. CANAL C-16 LOCATION MAP MARINERS WAY EXHIBIT "A" i 'EXHIBIT "C" The City of Boynton Beach ' DEVELOPMENT DEPARTMENT PLANNING AND ZONING D~N P.O. Box 310 6olmtml Beach, flodda 33425~310 TEL: 561'742"6260 FAX: 561-742-6259 www,lx~ton-bead~.or0 O~Ober 29, 2003 Mr. Ken It/slop Mariners Way Homeowners Association Boynton Beach, Florida Re: Mariners Way Tiki Hut MMSP 03-0108 Dear Mr. Hislop: *.. In response to your request dated October 21, 2003 for the adrainistrative review and approval of the modifications proposed to the above-referenced approved site plan, depicting the following: · Installation of a TikiHut building (as depicted on the attached drawing). Please be informed that the proposed changes on the revised plan date stamped 10/22/03 are not "minor# as defined within the Land Development Regulations, Chapter 4- Site Plan Review. This project my not continue to be processed by the Building Division aS a permit application. Be advised that the Proposed change requires a Zoning Code Variance for the encroachment into the required side yard setback. That process involves Board and Commission action .above and beyond staff interaction. The applicant must also demonstrate'a hardship in complying with the'City's development regulations associated, with the construction of your project. Please contact me at (561) 742-6260 if you have additional questions. Sincerely, ~~,--P~incipal Planner Cc: Karen Main, Plan Review Analyst ...' . ,"' EXHIBIT "D" 5 .... Stature 9fspecial C~o'/~l_ it!ohs, har&,~hips or r~m ~n~L~rmj~ ~~ ~ ~, m que om (A-~ on a ~e ~. ~~ie to ~ !~ ~ ~ ~ ~ t~~~: We ~ p~n~ ~ b~d a fi~ hut and bath~m in the ~! ~ea for the ~ ~d ~nve~n~ of ~mm~e~. T~ ~mmu~ ~mpr~ t~-~o fow~om~, ~d ~ ~! ~ s~ The~ ~ ~ s~de ~. T~ ~ ~ack ~ intended ~r the roadway and turuamund w~eh h ~n~m ~ the When Manatee Cove was constructed in 1986 Code did not require a bathroom at the pool Now, a variance is necessary for us to bring it up to code mndated by Florida Building Code, Chapter 424.1.6.1. sec. exception. Also, the fiki hut is planned to provide shade for pool users since there are no shade trees there. Both structures benefit the health and welfare of homeowners and guests. Other applicants in the tuning district have, in fact, received variances. Eight landowners in the Harbor Estates have been granted 10' rear setbacks. Two of these, lots #58 and $9, are e0utiguous to the pool area of Manatee Cove. Also, Mariners V'dlage, which is across the canal in clear view ofour community, has both a tiki hut and bathroom at the community pool Our not providing a bathroom at the pool presents an inconvenience for homeowners; more hnportanfly, it jeopardizes the health of pool users 0~iorida Building Code, Chapter 424.1.6.1). ~ in ti~ sam~ zoning t~ts~rict under tl~ tern~. .of th~ Ontinan~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Clearly, variances have been granted to landowners in Harbor Estates to build structures wh/ch loom over our pool area.. Also, ~ Cove homeowners must leave the pool to use rest-room at hom~ (a walk of up fo 974 feet); Mariners V'dlage homeowners, on the other hand, have the convenience ora restroom at the pool Protection from the sun, not provided at Manatee Cove, is afforded Mariners V'~age in the form ora fiki hut similar to the one we would like to build. Such sun pro~ion is essential protection for people of all ages who use the pooL The position of the tiki hut provides shade in an area away from the pool itse~ Considering the size and configuration of the pool area, road/turnaround, and the water pipes, there are no other places fo comtruct the bathroom. Thus, the variance requested is the minimum variance fo provide a 10* rear set-back fo construct the minimum structure allowed~ by the Flm~la Access Code, i.e. 5'8" X 5'8". This w~l be a uui~x bathroom with handicap faciliffes~i~ will ~wiate a health hazard for pool users. The bathroom and tiki hut are neeessa~ fc~ the health.and safety of users of the pool These structures conform to the intent of the chapter to make the recreation area safe for people ming it while protecting the environment; it does not interfere in any way with the well-being of neighbors or any other members of the public. Also, the desig~ and color conform to that of the townhouses and will blend aesthetically. EXHIBIT "E" Conditions of Approval Project name: Mariner's Way File number: ZNCV 04-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:XPlanning\SHARED\WPXPROJECTSXMariners Way~ZNCV 04-001\COA.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: Mariner's Way APPLICANT'S AGENT: K.P. Hislop APPLICANT'S ADDRESS: 744 Mariners Way Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 tabled until April 20, 2004 TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning, Section 5.C.2.A, requiring a minimum front yard setback of forty (40) feet, to allow for a variance of thirty (30) feet, and a front yard setback of ten (10) feet for a structure within a R-3 zoning district. LOCATION OF PROPERTY: 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 THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Mariners Way~ZNCV 04-001\DO.doc VZ.-CONSENT AGENDA ITEM E.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOmvt Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June I, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May18,2004 May 3, 2004 (Noon) [] July20,2004 JulyS, 2004(Noon) [] Administrative [] Legal .sz- 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 April 20, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-077. EXPLANATION: PROJECT: Coastal Bay Colony (SPTE 04-002) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Southern Homes of Palm Beach LOCATION: SE 23~t and South Federal Highway DESCRIPTION: Request for a one (1) year time extension of the site plan approval granted on February 18, 2003, from February 18, 2004 to Febma~ 18, 2005. PROGRAM IMPACT: FISCAL IMPACT: Develoi~t Depar~ent Director City Manager's Signature Pla~nin~ and 7_~ni~g Director City Attorney / Finance / Human Resources S:~Planning~SHARED\WPLPROJECTS~Soutbern Homes of Palm Beach\Coastal Bay ColonyXAgenda Item Request Coastal Bay Colony SPTE 04-002 4-20- 04.dot S:~BLILLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN~'NG AND ZONZNG D~/~SI'ON MEMORANDUM NO. 04-077 TO: Chairman and Members Community Redevelopment Agency TIJROUGH: Michael W. RumpfTM Planning and Zoning Director FROM: Maxime Ducoste-Am~d~e Planner DATE: March 26, 2004 SUBJECT: Coastal Bay Colony (SPTE 04-002) Site Plan Time Extension NATURE OF REOUEST Carlos Ballb~, agent for property owner, Southern Homes of Palm Beach is requesting a one-year time extension, of the site plan approval originally granted on February 18, 2003. The subject property, zoned :[PUD, is an irregularly-shaped parcel comprised of multiple lots totaling 4.34 acres. As indicated on the survey, the site fronts on both Golf Road and Federal Highway. If approved, the request would extend the expiration date of this site plan approval, including concurrency certificaUon, from February 18, 2004 to February 18, 2005 (see Exhibit "A"- Location Map). BACKGROUND On February 18, 2003, the City Commission granted site plan approval for the Coastal Bay Colony project; a development consisting of 64 fee simple townhouse units in 12 separate buildings on a 4.34-acre parcel (see Exhibit "B" - Site Plan). The plan also includes a recreation area with a clubhouse and pool. The number of units within each building vades from three (3) to eight (8) units. The buildings will be two (2) and three (3) stories high and include two (2) and three (3) bedroom units. The approval was subject to staff comments and included concurrency cerUficaUon for all applicable levels of service. As of this date, a new plat of the property has been submitted and is under review in the Engineering Department. It should be forwarded for the City Commission consideraUon in April 2004. A building permit was applied for and issued in error (after project expiration); however, the applicant has been informed by the Building Division that no work can occur unUI final re-plat approval. ANALYSZS According to Chapter. 4, Sec. 5 of the Land Development Regulations," the applicant shall have one year to secure a building permit from the development department." It states further that the City Commission may extend the approval for one year provided the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the Memorandum No 04-077 Page 2 Coastal Bay Colony SPTE 04-002 requirement. The Planning and Zoning Division received the application for a site plan time extension, on February 3~, 2004, prior to the expiration date. The purpose of the time limitation is to maintain approved projects in accordance with current development regulations, to free-up infrastructure capacity for active or new development applications, and to expire projects that are not proceeding in good faith. Staff also contacted the Palm Beach County Traffic Engineering Division to vedfy that traffic concurrency approval is still valid for the project. The odginal approval letter was dated .lanuary 22, 2003 assuming a ~Build-out Year" of 2003. According to the Palm Beach County Traffic Engineering Division, since this project is located within the County Coastal Residential Exception areas, the project still meets the Traffic Performance Standards of Palm Beach County. Regarding water and sewer capacity, the applicant has reserved capacity with the Utilities Department for the project. The reservation of capacity locks in the capacity needed for a specific development for a year at a time. Currently, the reservation of capacity is valid until Apdl 28, 2004. Lastly, no applicable new regulations have been adopted since project approval, against which this project should be reviewed. One informal criterion that staff methodically utilizes in the evaluation of a request for time extensions is the applicants' demonstration or willingness to complete the project in "good faith". The reason given for this time extension request is related to obtaining approval and recordation of a new plat. The applicant has demonstrated willingness, since several permits are ready to be issued once the new plat is approved. The Land Development Regulations allow for one time extension and in most cases that is adequate. RECOMMENDAT'[ON Therefore, st. afl recommends that this request for a one-year time extension of site plan and concurrency approval be granted, which would extend project approval from February 18, 2004 to February 18, 2005. All conditions of approval that were required by the initial development order must still be satisfactorily addressed during the building permit process. If additional conditions of approval are required by the Board or City Commission for the approval of this request, said conditions will be included on the attached Exhibit "C"- Conditions of Approval. Staff would not support a second extension, if so requested, due to the upcoming rewdte of the Land Development Regulations and particularly because of the Notice of Intent related to Staff's re- evaluation of the l~nfill Planned Unit Development zoning district. S:\Plannlng\SHARED\WP\PRO3ECTS'~Southem Homes of Palm Beach\Coastal Bay Colony\SPTE 04-O02\Staff Report.doc Location Map EXHIBIT"A" COASTAL BAY COLONY R3 O, 600, Feet EXHIBIT "C" Conditions of Approval Project name: Coastal Bay Colony File number: SPTE 04-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 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. To be determined. S:XPIanning\SHARED\WP~PROJECTS\Southem Homes of Palm Beach\Coastal Bay ColonyXSPTE 04-002\COA.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: Coastal Bay Colony APPLICANT'S AGENT: Carlos Ballb~ APPLICANT'S ADDRESS: 2201 West Prospect Road, Suite 100, Fort Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20, 2004 TYPE OF RELIEF SOUGHT: Site Plan Time Extension LOCATION OF PROPERTY: Southwest corner of Federal Highway and SE 23rd Avenue intersection DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of 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\SHAREDiWP\PROJECTS\Southern Homes of Palm Beach\Coastal Bay Colony\SPTE 04- 002\DO.doc VT.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM F. AGENDA ITEM REQUEST 1) Requested City Commission Date Final Form Must be 'Fumed Requested City Commission Date Final Form Must be'I~rned Meeting Dates in to Ci~ Clerk's Office Meeting Dates in to City Clerk's OITI~ [] April0,2004 MarchlS, 2004 (Noon.) [] Junel,2004 May l7, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) "~ [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 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 February and March 2004 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. ,~ _ Deputy Director of Financial Services City Manager's Signature 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 MONTH ENDED FEBRUARY AND MARCH 2004 1. Vendor: Duval Ford Purchase Amount: $ 22,062.00 Requesting Department: Public Works/Fleet Management Contact Person: Robert Lee Brief Description of Purchase: Purchase of one (1) new Ford Crown Victoria Police car. This car is being purchased through the Florida Department of Transportation, DUI Enforcement Grant #J8-04-06-23. It is being purchased from the State of Florida, Car and Light Truck Contract. Source for Purchase: State Contract #070-001-02-1 Fund Source: 501-2516-519-64-33 Vehicle Purchases 2. Vendor: Web United Purchase Amount: $ 19,000.00 Requesting Department: ITS Department Contact Person: Peter Wallace Brief Description of Purchase: Web United Protect Point Network Security Firewall Appliance provides a complete Network Security Solution with the use of one appliance on the network. The City has been using this system since 2001 to protect the enterprise network. Web United monitors, manages and maintains all services and features provided by Protect Point from one central application. Source for Purchase: Sole Source Fund Source: 001-1510-513-46-91 Software Maintenance 3. Vendor: Xiotech Purchase Amount: $ 15,999.00 Requesting Department: ITS Department Contact Person: John McNally Brief Description of Purchase: The XIOTech Storage Area Network (SAN) is currently using all of its configured fiber ports to connect ten (10) servers to our SAN in the ITS Department. With the configuration of our next server (SQL) we will not be able to connect it to the SAN. The purchase of the 8-port switch will provide the required connectivity. The SAN is also in need of additional disk space to expand current servers and to provide fault tolerance. The purchase of the 8 additional drives will allow the ITS Department to allocate more disk space to the GIS server, Laserfiche server, and other application servers while using the remaining space for creating "mirror" images of our most critical servers' data files (GIS, DOCS, FP1 MAIL). Source for Purchase: Sole Source - Drive Fund Source: 001-1510~513-64-15 Three Quotations - Switch Computer Equipment 4. Vendor: Nozzle Nolen Inc. Purchase Amount: $ 22,800.00 Requesting Department: Public Works/Facilities Managemen' Contact Person: Richard Fiege Brief Description of Purchase: The flea infestation problem in the Code Compliance trailer is originating from Mangrove High School. The pest control contractor believes that the flea infestation is the result of an accumulation of other pests within the high school and recommends that the high school be tented and fumigated. Source for Purchase: Three Written Quotations Fund Source: 302-4199-580-62-01 1 of 2 5. Vendor: Imperial Flooring Purchase Amount: $ 10,850.00 Requesting Department: Golf Course Contact Person: Freda DeFosse Brief Description of Purchase: Carpet in the restaurant, pro shop, hallway, and front office are well worn. The carpet in the restaurant is approximately six (6) years old, and due to the extreme amount of foot traffic and food and drink spillage in that area is no longer viable to steam clean the carpet. The carpet in the remainder of the proposed replacement area is over ten (10) years old and in the same worn condition as the restaurant carpeting. Source for Purchase: Three Written Quotations Fund Source: 411-5000-590-95-42 Renewal and Replacement 6. Vendor: Hector Turf Purchase Amount: $ 17,400.00 Requesting Department: Golf Course Contact Person: Scott Wahlin Brief Description of Purchase: Purchase of three (3) Club Car Carry All Turf2 Utility Vehicles to replace worn out Carry-All II Vehicles. Source for Purchase: Three Written Quotations Fund Source: 411-2911-572-99-13 Reserve - Maint. Equipment 7. Vendor: Lighting City Gymnastics Purchase Amount: $ 10,796.00 Requesting Department: Recreation Department Contact Person: Mary DeGraffenreidt Brief Description of Purchase: Gymnastics equipment needed to allow City to become a self-sufficient program. At the present time, Recreation utilitizes Congress Middle School gym, and gymnastics equipment. Cost to operate the program out of the school per six week session is $600.00. The City operates eight sessions per year at an annual cost of $4,800.00. The purchase of the equipment will eliminate the cost to the City. Source for Purchase: Three Written Quotations Fund Source: 172-2712-572-52-20 172-2712-572-64-03 8. Vendor: Presidio Corporation Purchase Amount: $ 21,681.00 Requesting Department: ITS & Utilities Departments Contact Person: John McNally Brief Description of Purchase: The City's Data Network relies heavily on our network communication equipment to route our network traffic between our PC systems, servers, sites and the Internet. We currently have 24-hour by 7-day coverage with 4-hour response time for any outages on our core switch/router and ancillary devices. In the event that the City suffers a component failure, the support contract provides on-site certified technicians to repair our problem and restore our data communications capability. Source for Purchase: State Contract #250-000-03-1 Fund Source: 001-1510-513-46-22 401-2821-536-46-91 The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Com~~ City Manager Approval: Date: y- ~Oy esented to Commission for information on April 20, 2004. 2 of 2 VI.-CONSENT AGENDA ITEM G CITY OF BOYNTON BE/ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June l, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noo~ [] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon)f;;~ [] 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: Appropriate $7,000.00 from the Law Enforcement Trust Fund (federal forfeiture funds) to pay for the production and broadcast of an anti-drug public service announcement. EXPLANATION: Federal forfeiture fund guidelines recommend expenditures for drug awareness and education. The Department has contacted Real Performance Marketing, a Tampa, Florida company, that produces public service announcements and determined that an anti-drug PSA that combines a recruiting message for the department, can be produced and broadcast for the above total. The 20 second message would be broadcast 84 times over a period of two weeks on the following cable channels: Black Entertainment Television, TNT, MTV, ESPN, Spike TV, Animal Planet, Comedy Central and the Discovery Channel. The message would feature a professionally produced anti-drug spot with a 10 second "tag" featuring Chief Marshall Gage urging children not to use illegal drugs and to issue a recruitment message for the department. PROGRAM IMPACT: Community benefit in the form of an anti-drug message and departmental benefit in the form of a recruiting message. The department will have a number of openings as a result of the Early Retirement Incentive' Program and additional personnel funding from the CRA. FISCAL IMPACT: None - no expenditure from budgeted funds involved. ALTERNATIVES: Current methods of advertising in the print media. / ~Dep~ment Head'~ Stgnature ' C~ty Manager's Signature Marshall B. Gage, Chief of Police Kurt Bressner Department Name City Attorney / Finance / Human Resources Police S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC REAL PERFORMANCE MARKETING WITH MOMENTUM i Agency Agreement This signed agreement authorizes Real Performance Marketing, Inc. ("RPM") to conduct business as the "Agency of Record" for Boynton Beach Police Department (the "Client") relative to the Partnership for a Drag Free America. RPM agrees to compile a media schedule based on the target demographics and budget provided by the Client. RPM will subsequently inform the Client of its findings. Once the schedule is finalized and approved by Client, RPM will purchase the advertising and schedule the production. Client agrees that payment for advertising and production of tags, purchased on its behalf by RPM, is due in advance of air dates and payable upon receipt of invoice. Client will provide an investment of: $ ~t~oO. Oo As Agreed by: Real Performance Marketing, Inc. /,~c,~ ~,ro-; i< s'~~/ ../~)~ (Client) By: By: Signature Signature Print P~t Title: Director~ice President Title: Date: Date: VI.-CONSENT AGENDA CITY OFBOYNTON BE ITEM H. AGENDA ITEM REQUESql Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 Niay 31, 2004 (Noon)~ "<C:~ [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)f.d.iI [] May18,2004 May 3, 200n (Noon) [] July20,2004 July 5, 200a (Noon) ~ [] Administrative [] Legal ~ NATURE OF [] Announcement [] New Business On AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Authorization to apply for funding towards the acquisition of Jaycee Park, from the 2004/05 Florida Communities Trust, Florida Forever Program. EXPLANATION: According to the Recreation & Parks Department Revenue Policy Manual, page 11, Financial Assistance Guidelines, all federal, regional, state, and county grant applications of any amount will be approved by the Recreation & Parks Director, City Manager and Commission. Funds are allocated each year by the Florida Legislature and awarded for land acquisition and conservation, preservation of open spaces and outdoor recreation purposes. Florida Communities Trust awards grants through a competitive process that places an emphasis on land conservation that furthers the goals of local governments and community residents. PROGRAM IMPACT: The City has reached an agreement to purchase Jaycee Park from the Florida Inland Navigation District for the sum of $3.4 million plus all closing costs. Additional stipulations include: cash payment, closing must be completed within 90 days of execution of sale agreement, a deed restriction for perpetual waterfront public park and conservation use, construction of waterway access facilities with day docks and fishing pier, no restriction on types of boats allowed to use day docks, FIND included on recognition signage for the park, and language in the contract recognizing the discounted price. FISCAL IMPACT: Palm Beach County has agreed to provide $1 million dollars towards the acquisition. The Recreation & Parks Department would like to apply for $1,713,000.00 (50% funding reimbursement) grant from Florida Communities Trust. ALTERNATIVES: Not apply for the grant; th%City would pay $2~e Jaycee Park. ~)epar~h~nt Head's S~gn'ature' City Manager's Signature Recreation and Parks Department Name City Attorney / Finance / Human Resources S:'dBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC VI.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM I. AGENDA ITEM REQUEST } Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcemem [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Authorize the use of Community Investment Funds to Committed Citizens Concerned about our Children, Inc. by Commissioner McCray. EXPLANATION: Commission approval for allocation of $2,000 of community investment fimds to Committed Citizens Concerned about our Children for a program that will improve the lives of children by providing academic counseling, recreational activities, technical skills, athletic advising and mentoring for students residing in the City of Boynton Beach and surrounding areas. PROGRAM IMPACT: Allocation of fimds will assist the above program. FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,000 in Community Investment fimds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature ature Department Name City Attorney / Finance / Human Resources SABULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request Date of Request: April 6, 2004 Requested by Mayor/Commissioner Mack McCray Amount Requested: $2,000 Recipient/Payee: Committed Citizens Concerned about our Children, Inc. Description of project, program, or activity to be funded: Improve the lives of children by providing academic counseling, recreational activities, technical skills, athletic advising and mentoring for students residing in the City of Boynton Beach and surrounding areas. Dated: d//ff~/~ y/ By:~6 ff~~ The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $2,900 has been used to date by the requesting Member, leaving a balance of available funds of $ 9,100. This request would bring the available amount down to $ 7,100. Accordingly: ff~ There are funds available as requested ~ There are insufficient funds available as requested. Dated: /4-q'~"4 By: ~~e_~ Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) ~" Thc proposed expenditure of funds will not result in improvement to private property; eft' The recipient/payee is a resident of thc City of B,oynton 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 ~' Proper safeguards are being implemented to assure that thc public funds being appropriated will be used for the stated l~rpose. Dated: ")/---~--'~ By: ,~ff~.~Z.~. [2it37~[anager S:\City Mgr\AdministrafionhMAYORCOM\COMMUNITY INVESTMENT~McCray42CCC - 4-7-04.doc, 4/6/2004 C C C Committed Citizens Concerned about our Children, Inc. Local tutorial center I I ~oc=,t~o~,~,c~.,~ I CCCC Tutorial Network "Empowering parents, caregivers and concerned citizens to enhance the social and academic performance of their students." www. committedcitizens.org About Committed Citizens Concerned about our Children, Inc. · We are a non-profit, 501(c)(3), organization based here in Boynton Beach. · Our membership is composed of current and former educators, and professionals who care about the children of Boynton Beach. · We meet monthly, third Sunday evenings at 7:00pm at St. Johns Missionary Baptist Church. · We currently have 12 active members. Our Mission CCCC intends to improve the lives of our children by providing academic counseling, recreational activities, technical skills, athletic advising and ment~ring for students residing in the City of Boynton Beach and surrounding areas. Our Current Activities · Accelerate! Tutorial Program at the Ezell Hester Community Center bom September to June. 5:00PM-6:00PM · Speakers Pool Attracts professionals to speak to small groups of students. · Annual MLK Breakfast. ~ Commemoration of the death of Martin Luther King Jr. · CCCC ScholarshiP. $500 Scholarship for a deserving student from Boynton who attends one of our area high schools. · Accelerate Summer Project Summer science enrichment for elementary school students. · Annual 70's Dance. Scholarship Fundraiser. 2 The CCCC Tutorial Network A response to the following education issues: Need Source/Ju$ ti fi cation >70% of minority students (African American & Gold Report Hispanic) are performing in the lowest levels of · FCAT Reading scores for 2000/2001 · % of Black students scoring in FCAT performance in FCAT Reading and need critical Levels 1 & 2: intervention o 78% ~ Galaxy Elementary o 84% ~ Poinciana Elementary o 75% ~ Rolling Green Elementary o 71% District wide average. 70% of minority students (African American & Gold Report Hispanic) are performing in the lowest levels · FCAT Math scores for 2000/2001 · % of Black students scoring in FCAT performance in FCAT math need critical Levels 1 & 2: intervention o 58% ~ Galaxy Elementary (17 students) o 80o/o ~ Poinciana Elementary o 72% ~ Rolling Green Elementary o 70°,4 District wide average. Galaxy Elementary boundaries change in 2002- · School District boundary proposals. 2003 to make it >75% African American from the 50% African American percentage rate. These are neighborhood students that will need additional academic assistance. >40% of AfiScan American high school students · Gold Report receive a D or F in Algebra I, Algebra II, or Math District averages for 2001. II district wide. There is a great need for small group tutorial services to accelerate these students. Small group tutorial efforts outside of the school · State & District funding formulas. center are needed because funding and other Teacher reallocation when new schools restrictions prevent schools from reducing class are built · Teacher shortage throughout district sizes enough to focus effectively on individual students. Parents need to be enabled and educated in how · Anecdotal knowledge, experience, and they can teach their students at home. interviews with educators. Conclusions · Parents and the community cannot depend on the schools alone to accelerate student performance. · Parents and the community must be more proactive in accelerating the performance of their students. · Parents and the community must be enabled with curriculum and strategies to enhance student performance. · Parents and the community must enhance, supplement, and augment the instmction being received at school. Driving Forces · The Sunshine State Standards Grade Level Expectations, a statewide guideline of what students should know and when. · The FCAT, and required passage for promotion and graduation. · A district wide reading strategy based on the Lexile Framework, a method of accurately matching readers with appropriate books. · A move towards neighborhood schools, which encourages more parental and community involvement. CCCC Tutorial Network Goals · The goal of the CCCC Tutorial Network project is to develop and coordinate a large number of individual tutorial centers clustered around neighborhood schools. · By aligning tutorial services more closely with community and school goals, providing high quality resources, and by training parents and concerned citizens how to provide basic tutorial services in a small group setting (1 instructor to 4 students) we plan to accelerate students to perform at their grade level faster than can be accomplished by the schools alone. 5 CCCC Tutorial Network Strategy The CCCC Tutorial Network provides a number of services to participating tutorial centers (called Networked Tutorial Centers). These services include: · Leveled Reading books and other instructional material, aligned with state and school district curriculum goals. · Centralized tracking of student performance. An agreement with the school district allows student records to be pulled by the school district (with parent permission) relieving the individual program of tracking that information, and ensuring accurate tracking of student performance. · Centralized training of parents and volunteers. Through an agreement with the Boynton Beach Library, neighborhood schools and the school district, monthly seminars will be held at the library to educate volunteers from participating centers on various educational topics. CCCC or school volunteers will provide additional small group training as needed at each tutorial center. · Centralized coordination through the hiring of a part time coordinator who would maintain communication with each individual centers, the school district, and with neighborhood schools to make sure that students are improving and that resources are allocated properly. · Advocacy in communications with schools and the school district Since CCCC is composed of current and former instructors, and has direct contact with area principals and school district officials, we may be able to assist in resolving conflict and enhancing the bi-directional flow of information between the community and neighborhood schools. CCCC Tutorial Network Needs · Coordination Help (one additional advocate from the Library, Galaxy, Poinciana, the School District) · Funding (to hire a part time coordinator, and to purchase reading books and materials) VI.-CONSENT AGENDA ITEM J. CITY OF BOYNTON BEAC1 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 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: Authorize the use of Community Investment Funds to Bethesda Memorial Hospital ~r thee Miller Nursing Scholarship Fund. EXPLANATION: Commission approval for allocation of $500.00 of community investment funds to the Jayne Miller Nursing Scholarship fund. PROGRAM IMPACT: Allocation of funds will assist the scholarship fund. FISCAL IMPACT: Funds are budgeted for this type of activity. Each Commission has $12,000 in Community Investment funds to allocate, subject to Commission approval. ALTERNATIVES: Decline to authorize the requested expenditure. Department Head's Signature City Manager's Signature Department Name I/[] City Attorney ~l~inance / Human Resources SABULLETINWORMSX, AGENDA 1TEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request Date of Request: April 12, 2004 Requested by Mayor/Commissioner: Commissioner Mike Ferguson Amount Requested: $500.00 Recipient/Payee: Jayne Miller Nursing Scholarship Fund Description of project, program, or activity to be funded: Bethesda Memorial Hospital Nurses Week, sponsorship of scholarship fund. Dated: ~/-,/~-~ 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. $500 has been used to date by the requesting Member, leaving a balance of available funds of $11,500 This request would bring the available amount down to $11,000. Accordingly: g' There are funds available as requested c~ There are insufficient funds available as requested. Dated: Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) ca 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 o 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 MgrL~dministrationWlAYORCOM\COMMUNITY INVESTMENTht*erguson - Nurse Scholarship 4-20-04.doc Bethesda Memorial Hospital March 30, 2004 Mike Ferguson, Commissioner City of Boynton Beach Boynton Beach Florida Dear Commissioner Ferguson: Bethesda Memodal Hospital is pleased to recognize the 700+ nurses who care for all of us' in our community. This year dudng Nurses Week (May 6-May 12) we are planning 'the follow events to recognize our nurses. The events include the Jayne Miller Nursing Scholarship fund, Nurses' Appreciation Breakfast and Award Ceremony, an Evening of Entertainment at Boston's on-the Beach, Tea and Cookies for all the nursing staff and a gift for all of our nurses. We would appreciate any Contribution you would be interested in making. Your gift will be recognized at our Nurse of the Year Ceremony. If you have any questions or comments Please do not hesitate calling me at (561) 737-7733 ext. 4432. Again thank you for. your-support. Wanda Phillips, MBA, BSN, RN Director, Clinical Surgical Services 2815 South Seacrest Boulevard · Boynton Beach, Florida 33435 · (561) 737-7733 VZII.-PUBLIC HEARING ITEH A. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) ~, [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) r~l I July 20, 2004 July 5, 2004 (Noon) - m_mm [] Administrative [] Legal o-tCO ~r~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 20, 2004 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommends that the proposed code changes be approved including changes to the allowed uses making "performing arts" a conditional use in the MX-L district, and accommodating "auction houses" with appropriate standards. A definition and corresponding standards will be drafted by staff and presented to the Commission on April 20e~. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-086. EXPLANATION: PROJECT: Mixed Use Code Review (CDRV 04-001) AGENT: City-initiated DESCRIPTION: Request for approval of proposed amendments to Chapter 2, Zoning, Section 6.F. Mixed Use Zoning Districts. PROGRAM IMPACT: FISCAL IMPACT: Developfix~nt bepa~ixn~nt l~ire~tor Signature ' ' ' t/'~-lt~ng ~n~ Zorn[rig E/irector City Attorney / Finance / Human Resources S:X~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNZNG AND ZONZNG DZ'VtrSZON MEMORANDUM NO. PZ 04-086 TO: Mayor and C. ity Commission FROM Dick ~~.-A'I'C~ SeniOr'Pl~t,;ler THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: April 14, 2004 SUBJECT: CODE REVIEW CDRV 04-001 Mixed Use Zoning Districts (MU-H/MU-L) PROSECT DESCRIPTION Project: Proposed amendments to the Zoning Regulations for Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L) zoning categories. Agent: City of Boynton Beach Location: Federal Highway Corridor segment between the Boynton (C-16) Canal on the north and Woolbright Road on the south, and lying between the Intracoastal Waterway on the east and the right-of-way of the Florida East Coast (FEC) Railway on the west. NATURE OF REOUEST The regulations for the Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L) zoning categories were adopted on 3une 18, 2002. After eighteen months of working with these regulations, staff has determined that minor amendments are warranted to bring the regulations into closer conformance with the intent of the Federal H/qhway Corr/dor Community Redevelopment P/an and to aid in their administration. The specific locations where these district regulations may be applied are generally described as lands currently designated as Mixed Use (MX) and Mixed Use-Core (MXC) on the City's Future Land Use Map. ANALY~;Z$ The proposed amendments to th~ Mixed Use zoning districts include recommendations from City staff, from a workshop and two public hearings held by the Community Redevelopment Agency and from the :Inlet Cove Association (INCA). These include changes to the following sections: Section 6.F.4-Table 6F-1 Schedule of Permitted, Princioal, Accessory and Conditional · Live-Work Units have been added as permitted uses in both zoning districts. Page 2 CDRV 0zt-001 Mixed Use-High/Mixed Use-Low · Self-storage or Mini Warehouse use has been made a conditional use in the MU-L district. · Supplemental regulations are provided for the additional uses (6.F.14 and 6.F. 15) to address location, design and other related aspects. It should be noted that, with the proposed changes, the majority of permitted uses would be required to be integrated into a mixed use project. · Boutique Hotel has been added as a "Conditional Use" in the MU-H district and required to be a part of a mixed use project. A definition has also been added for the use. · Marina has been added as a "Conditional Use" in both districts. · Numerous uses have been reclassified from "Conditional" to "Permitted'; based on the Code's definition of "Conditional Use". Section 6F.5 Buildino and site reoulations. · Locational Requirements for Height, Density and Floor Area Ratio have been added for all uses except "Residential, Single-Family Detached" and "Residential, Single- Family Attached (Duplex)". These requirements affect Townhouses and MulU-family developments, as well as all Mixed-Use projects. Section 6F.6 Rezonino of $inole-familv Residential Zonino Districts to Mixed Use Zoninq Districts has been added, providing addiUonal requirements for these requests to ensure greater compatibility with existing single-family development. Additional recommendations from the CRA, which have not been added, include: · Making "Performing Arts Theater" a conditional use in the MU-L district as it now is in the MU-H district. · Adding "Fine Arts Auction House" as a permitted use in the MU-H district. · Reducing the minimum parcel size for a Hotel from 3 acres to i acre. · Reducing the average size of minimum living area lot"All other Residential" from 1,000 square feet to 850 square feet. Staff will draft standards and a definition for "Fine Arts Auction House". RECOMMENDA'FZON Staff recommends that the subject text amendments be approved as the proposed amendments to the zoning code, and request direction from the Commission relative to those changes listed above that are not reflected in the attachment. Exhibits S:\PLANNING\SHARED\WP\SPECPRO]\CODE REVIEW\CDRV MU-H MU-L\S-I'AFF REPORT REVISED ~1-14-04.D0C CHAPTER 2 ZONING Exhibit A Sec.6. Commercial district regulations and use provisions F. Mixed Use Zoning Districts 1. Intent and Purpose. The Mixed Use zoning Districts allow for a diversity of land uses and accommodate and encourage a mixture of residential, office, retail, recreational, and other miscellaneous uses on assemble arcels ..... e, .............. ~ .... ., ............... Community Redevelopment Area. All development and redevelopment shall be ffuided-by-a~ approved-require a site plan approval to be processed concurrently with the application for The objectives of the Mixed Use zoning districts are as follows: a. Support and enhance revitalization efforts in the City's traditional commercial core area; b. Create major new residential and mixed use areas in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments though appropriate separation from, and design of vehicul~orr*~-'a~ .~k ~~ d. Allow flibili[ inl. c,__ll~ctur~l~l~ign ~,J~uflrl~ntullc; while maximizing compatibility and~i~l~ t~°~l~nl withte redevelopment area; e. Create surrounding areas that complement rather than compete with the downtown; f. Create higher quality environments for residents, businesses, employees, and visitors. 2. Zoning Districts. The Mixed Use zoning districts shall be applied to selected geographic areas east of 1-95, identified on the City's Future Land Use Map, where a mixture of uses and building densities is intended to carry out elements of the city's redevelopment plans, including goals in employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through two zoning districts: Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L). Permitted uses and associated standards for development vary between the zoning districts, each reflecting the importance of the district's location and its relationship to the downtown. Heights, densities and intensities of development are regulated according to the classification of the roadway along the frontage of the property. A Mixed Use zoning district may be located only on lands designated Mixed Use (MX) or Mixed Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map. 3. Subdistricts established. a. MU-H 0Mixed-Use-High Intensity) Zoning District. (1) Upon adoption of the Mixed Use-Core (MX-C) land use classification, this zoning district shall only be applied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. (2) The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. 1 S:~Planning~SHARED\WP\SPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code strike&under4-13-04.doc (3) The district allows a maximum height of one hundred-fifty (150) feet and a residential density of 80 dwelling units per acre, provided that all new developments within this district that front on streets designated as "arterial" or "collector" roads~ways.on the "Functional Classification of Roadways Map" contain a mixture of retail, office and/o~r residential uses arranged either vertically or horizontally. b. MU-L (Mixed-Use-Low Intensity) Zoning District. (1) In order to complement the revitalization efforts in the City's commercial core, the MU-L zoning district shall only be applied to lands peripheral to the downtown and classified as Mixed Use (MX) on the Future Land Use Map. (2)The MU-L district is appropriate for low- to mid-rise developments that provide for medium density residential uses. (3) The district allows a maximum height of seventy-five (75) feet and a residential density of 40 dwelling units per acre for mixed use projects. (4) -i!~ hDtwe~l[ven~~d one hundred (100) feet may be permitted i~~ l'l 1 (5) The review of these applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. (6) All new mi,x-edmse developments within this district that contain a mix of uses shall front on streets designated as "arterial", "collector", or "local collector" roads~ways" on the "Functional Classification of Roadways Map" and shall contain a mixture of retail commercial, office and/o__rr residential uses, which may be arranged either vertically or horizontally. (7) Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans. 4. taemagt64-Uses. a. The following table identifies the permitted, restricted and prohibited uses within the Mixed Use Zoning Districts. b. Uses are classified as Permitted "P", Conditional "C" or Not Permitted c. Uses permitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. d. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted provided, however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the City. 2 S:~Planning~SHARED\WP\SPECPROJZCODE REVIEW~CDRV MU-H MU-L\Code strike&under4-13-04.doc TABLE 6F-1 I SCHEDULE OF PERMITTED ACCESSORY AND CONDITIONAL USES PRINCIPAL, USE GROUP/USE MU-L ZONE MU-H ZONE Residential or Lodging Use Group Bed and Breakfast C N Boutique Hotel N C Hotel C P Home Occupation P P Mobile Home N N Motel N N Residential, Single Family Detached P N Residential, Single Family Attached P t~C Residential, Multi-Family P P2/C2 Boarding and Rooming House N N (except where provided by state law) Accessory Unit ~ ~ I~ I ~ I~ ~ N Live/work Unit II I a! , I 'els Communit~ Facilitie~lse l~o~l~k ,g - IIJ-LIO~IE IU-H ZONE Government O ffi c e/C~t er/Ll~ral~J~~- Recreation (outdoor) P N Museum P P House of Worship p~ N_p~,3 Police or Fire-Rescue Station p4 p Postal Center (retail sales only) C ~,o C ~_,_6 Post Office p Public Park P P Public parking Lot or Garage P P Office Use Group* MU-L ZONE MU-H ZONE * Not encouraged as a first floor use in the MU-H Zone Bank/Financial Institution GP ~ GP 9 Medical or Dental Office or Clinic p_6 p_6 Physical Therapy Clinic Professional Business Office Veterinary Office or Clinic p0 N Sales and General Commercial Use MU-L ZONE MU-II ZONE Group* * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Alcoholic Beverage Package Store pO pO Ammunition or Firearm Sale or Rental N N Animal Boarding or Kennel C--P._~° N Animal Grooming p_~ p6 Animal Sales N N 3 S:\Planning~SHARED\WP~SPECPROJ~CODE REVIEW~CDRV M U-H MU-L\Code strike&under4-13-04.doc USE GROUP/USE MU-L ZONE MU-H ZONE Sales and General Commercial Use MU-L ZONE MU-H ZONE Group* Antique Store p-b- p-~ Antique Mall/Flea Market N N Arts, Crafts, Hobby and Framing p_~ Auction House N N Automotive Parts Sales N N Automobile Sales with Display p~ p~2 Bakery, Retail pO pO Boat/Marine Sales/Rental N p~3 Boat/Marine Accessories Bookstore pO pO Building Supplies or Materials N N Bus Terminal N New Clothing, Shoes or Accessories Boutique ~ ~ Contractor's Office/Eclpm~[ StagiB ~k Il j ~ I~ I ~ N Coffee Shop I I l~[' ~ __~ ll~ I pO Conve~enceStore I J I '~ Custom Home Furnishings pO p~ Cyber-caf~ p° p~' Delicatessen pO pO Dive Shop and Instruction as Accessory Use pO p Drug Store or Pharmacy pn p3 Gasoline Sales with/without Vehicle Service Cl° N Grocery Store, Supermarket p, p7 Florist pO p_O_ Hardware Store pO pO Health Food Store pO pO Home Improvement Centers N N Lumber Yard N N Marina C C Newsstand pO pt, Outdoor Storage or Display N N Parking Lot for Commercial Vehicles N N Parking Lot or Garage, Private Ownership C C Personal Watercraft Sales, Rental, Service, p~2 pO Parts or Repair Photographic Studio and Photographic C P Supplies Restaurant, w/Drive Thru N N Restaurant, Sit-Down GP__~_~ P-~ Specialty Foods and Confections pO p~, Sporting Goods pO pO Tobacco and Accessories pO pO 4 SAPIanning~SHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code strike&under4-13-04.doc USE GROUP/USE MU-L ZONE MU-H ZONE Sales and General Commercial, cont'd MU-L ZONE MU-H ZONE Vehicle or Marine Customizing, Detailing, N N Service, Parts or Repair Vehicle or Marine Trailer Sales, Rentals, N N Service, Repairs and Storage Video Rental pO pO Wholesale/Warehouse/Distribution N N Service Use Group* MU-L ZONE MU-H ZONE * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Barbershop/Beauty Salon/Day Spa pO p0 Dance Studio pO p0 Dressmaker or Tailor pO pO Drycleaner p6,S pO,S Fimess/Health Club GpO pO Funeral Home N N Hospital ~ ~ -~ i ~ ~ -lr-n N Labor PoolEstablishm~ts~ i I ~ ~l I I '' I 'N Laundromat I [ i ~ I N Medical Outpatient Fali~ I~ ~ _ l~ ~ i~ GP~ Nursery, Preschool or Child Daycare pO N Nursing or Convalescent Home N N Photocopy Center pO pO Self-Storage or Mini Warehouse ~C14 N Shoe Repair pO pO Soup Kitchens,/Substance abuse Centers/ N N Shelters/Half-way Houses Tattoo Parlor/Body Piercin~ N N Entertainment Use Group* MU-L ZONE ] MU-H ZONE * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Adult Entertainment N N Bar, Cocktail Lounge C~- P~- Billiard Club/Bowling Alley/Indoor Ca pO Recreation Facility Bingo Hall N N Fortune Teller N N Movie Theater N C3 Night Club N C Performing Arts Theater N P Private Clubs, Lodges and Fraternal C-° C-~ Organizations Accessor~ Use MU-L ZONE MU-H ZONE Drive-Thru Facility (other than accessory C9 N use to financial institutions and restaurants) 5 S:XPlanning~SHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code strike&undcr4-13-04.doc Restriction Notes: 1 Must be an integral part of a mixed-use development comprising a maximum of 30 percent of the gross floor area of the entire development. 2 For those with frontage on an arterial road, allowed as a permitted use if the ground level floor fronting the arterial is devoted to office or retail uses. Otherwise, use is a conditional use. 3 Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. 4 Subject to setback and buffering requirements as recommended by the Technical Review Committee. s Maximum gross square footage of structure shall not exceed 2,500 square feet. Storage of postal vehicles prohibited. 6 Must be integrated into a commercial or mixed use development and not exceed 30 percent of the gross floor area of the entire development, constructed within the same structure as the remai~ei~[l~mixed~l[se d~~l'~ 7 Gross floor area of grolry s~e rl~l~a mi~ ot~.~00'sqtle f~et and a m x um °f30',000 l 8 On-site drop-off and 9 Drive-thru facility, including stacking lanes, must be screened from public right-of-way and requires conditional use approval. Ingress/egress shall not be from/to an arterial roadway. lo Shall comply with provisions of Chapter 2, Sec. 11 .L., pertaining to retail sale of gasoline or gasoline products. 11 Not permitted on property with Federal Highway Frontage in the MU-L Zone unless consistent with restriction note number six (6). ~2 Indoor storage/display shall not exceed 10,000 square feet. 13 II1 conjunction with a permitted marina use. Storage/display allowed only in wet docks or indoor not to exceed 10,000 square feet. La See Section 14 for regulations. t__s See Section 15 for regulations. 6 S:XPIanning~SHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU~H MU-L\Code strike&under4-13-04.doc 5. Building and site regulations. Minimum Parcel Size MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Hotel --- 3 acres* *or is part of a mixed use development of at least 3 acres. Residential, Single Family Detached 5,000 sq. ft. --- Residential, Single Family Detached w/Accessory Unit 7,500 sq. ft. --- Residential, Single Family Attached (Duplex) 7,500 sq. ft. --- Residential, Single Family Attached (Town_home) 2,500 sq.ft./unit 65,000 sq. ft. Residential, Multi-Family 15,000 sq. ft. 20,000 sq. ft. Community Facility Use Group Public Park no minimum no minimum All other Uses 10,000 sq. ft 10,000 sq. ft, Minimum Living Area MU-L ZONE MU-H ZONE Single Family Detached 1,000 sq. ft. --- All other Residential ~ ~ ~ ~ n,;a~ ~..~.~ ~ ~ 650* sq. ft. AccesSory Apartment I I ! I Ism. . I --- * Size of all units must ave~l~ 1,(~sqi~ [ /,.2, ii I~ I Minimum Lot Frontage MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached 50 ft. --- Residential, Single Family Attached (Duplex) 75 ft --- Residential, Single Family Attached (Townhome) 25 fi/unit --- Residential, Multiple-Family 100 ft. 100 fi. All Other Uses 100 ft. 100 ft. Maximum Height I MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached 35 ft. --- Residential, Single Family Attached (Duplex) 35 ft --- All Other Uses Locational Requirements for Heiaht. Densi ,W and Floor Area Ratio ADolv Type Of Zoning Districts Roadway MU-L ZONE MU-H ZONE Frontage HeightI Densi .ty FAR2 Height: Densi .t?? FARz Arterial 753-1003,n ft 40 du/ac 1.5-2.0 150 ft.3, 80 du/ac 4.0 Collector 45-75~ ft 20-40 du/ac 1-1.5 150 ft.! 80 du/ac 4.0 Local Collector 45 ft 20 du/ac 1.0 NO NO NO L, ocal NO NO NO NO NO NO t. Minimum Height on any street frontage is 35 feet. 2. Includes all habitable space, including residential units, (excluding parking structures) 7 S:~Planning~SHARED\WP\SPECPROJ~CODE REVIEW~CDRV MIJ-H MU-L\Code strike&under4-13-04.doc 3. Maximum height of front facade is 45 fi. above which building must step back a minimum 10 fi. of steplmoh for ~ each additional 50 fi. of height. 4. May increase to ~.e maxi~:,:m~, v,"~jcet tv. cv.ndi~v.n~ tv. ~2nimize above 75 ft. and up to 100 ft., subject to conditional use approval to ensure design and land use incompatibilities. Multiple story buildings are encouraged within the Federal Highway Corridor District, particularly along arterial roadways. The intent of this provision is to create the appearance of, or simulate the intensity of, a minimum two (2)-story building. MINIMUM PERVIOUS AREA MU-L ZONE MU-H ZONE Community Facility Use Group Public Parking Lot or Garage --- 15% Residential Or Lodging Use Group Residential, Single Family Detached 40% --- Residential, Single Family Attached 30% 30% Ali Other Uses 20% 15% Residential Or Lodging Uselroul 1.nd,lr [~ I, 1.4 1 Residential, Single FamilyD l:hq uiltonlk /--' I --- Residential,Single Family A~ bm'I"d~ lin-"~~' ''B "I'll.~ ~-~ --- Residential, Multi-Family build to line 10 ft. ~' 0-15 ft. All Other Uses including mixed use with a single-family 0 fl or 10 fi3 0 ft o~ 1915 ft4 attached component--build-to line ~ Porches may be placed forward of the build to line and shall maintain a minimum 2 foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. 2 Projecting feature(s) such as awnings, balconies, porches and/or stoops s~all may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. 3 One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance. 4 Where intent is to widen pedestrian walkway in compliance with Section 9.(d) Landscaping (below). SIDE YARD MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached, Interior 6 ft. --- Comer 15 fi --- End 10 ft. --- Residential, Single Family Attached (Duplex) Comer 15 ft. --- Residential, single Family Attached (Townhomes) End 10 fi --- Comer 15 fi. Residential, Multi-Family 20 ft! 0 ft: 8 S:~Planning~SHARED\WP\SPECPROJXCODE REVIEW~CDRV MU-H MU-L\Code strike&under4-13-04.doc All Other Uses Adjacent to Residential Single Family Attached or 25 fi. ~ 0 fi. Detached in the MU-L Zone Adjacent to Other Uses 0 fi. ~ 0 fi. ~ plus one additional foot for each foot of height over 45 fi. where adjacent to an existing single-family detached dwelling, less width of right-of-way. REAR YARD MU-L ZONE MU-H ZONE Residential Or Lodging Use Group All Residential, Where Yard is Adjacent to Intracoastal Waterway 25 ft. 25 ft. Residential, Single Family Detached 7.5 ft. --- Residential, Single Family Attached 7.5 ft. --- Residential, Multi-Family 25 fi. 2 0 ft. All Other Uses Where Yard is Adjacent Where YardisAdjacenttles] ~tii~ ~eFT~251~Ir 129ft.2 Attached or Detached Where yard is Adjacent tollfll ~rlesnlk., llk0fl ' 10fi.3 ~ subject to requirements of any permitting agency having jurisdiction over construction abutting the Intracoastal Waterway. 2 plus one additional foot for each foot of height over 45 ft. where within or abutting the MU-L Zone 3 Fifteen (15) feet abutting a street, 10 feet abutting an alley. 6__:. Rezoning of Single-family Residential Zoning Districts to Mixed Use Zoning Districts. All requests for rezoning from any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: · Height, density and intensity of development based on the roadway frontage; · Ratio of lot frontage to depth that is no more than 1 foot (frontage) to 1.25 foot (depth); · Vehicular access to the property located to minimize impacts on adjacent single- family developments and meet safety standards; and, · Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoned property abuts single-family residential zoning. 67. Mixed Uses. a. Buildings containing residential and non-residential uses are required within the MU-H zoning district for all properties fronting on arterial roadways, and permitted and encouraged, within the MU-L zoning district._ c~fi Mixed use structures are subject to the same development standards as "all other uses." b. Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses. 9 S:'xPlanning~SHARED\WPXSPECPROJ~CODE REVIEWXCDRV MU-H MU-L\Code strike&under4-13-04.doc c. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use-type, construction materials, floor plan and site layout, and other factors as determined appropriate given the type of use. :38. Building Placement, Massing & Orientation. Structures fronting on arterial roadways within the MU-H and MU-L Zones shall occupy the entire width of the parcel they are located upon, notwithstanding comer side setbacks and clearance needed for a drive that may be required to access the rear of the property. 9. Access. Within the MU-H and MU-L Zones, vehicular access to parking shall not be directly from an arterial roadway, if an alternative is available. 810. Landscaping. a. MU-H District. (1) Trees. All new construction in the MU-H District shall provide shade trees in the streetscape.-l"nl~ ~ ~ ~ ~ · !e tr~I s~,~hall~nsis~i'th tl~stablished theme of the ~l?.t,~e~~.ri~ CIFlJrester~ll provide co~ onl~pprl~l~a~ sp e,,l~ ,.am,- ~ · Trunks shall be a minimum four (4) inch caliper and provide seven (7) feet of vertical clearance for visibility. · In instances where canopies of overhangs make it infeasible to plant trees, altemative means of providing landscaping for the sidewalk shall be utilized. · Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. (2) Tree Spacing · Trees shall be regularly spaced. The spacing of the trees shall be 20-25 feet on center. · Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at comers or by comer conditions. · Tree placement shall match the existing pattern, where appropriate. · Tree guards, fabricated to City specifications, shall be placed adjacent to the curb, where feasible. (3) Tree Irrigation · Irrigation systems shall be installed to service all trees and other landscape materials. · Irrigation systems shall be in operable condition at all times. (4) Sidewalks · All new construction in the MU-H District shall provide new sidewalks. 10 S:XPIanningXSHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code strike&under4-13-04.doc · Sidewalks constructed along arterial roadways shall be a minimum often (10) feet wide, measured from the rear of curb. · Sidewalks shall, where practical, be Holland-Stonepavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the design elements in place along Federal Highway. (5) Flower Containers · To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials ar-~eneou~ged m shall, where practical, be planted and maintained along facades of new building fronting on arterial roadways in the MU-H District. 911. Parking Requirements. Parking requirements for both the MU-H and MU-L zoning districts shall be as set forth by Chapter 2, Section 11H, of the Boynton Beach Land Development Code. Chapter 2, Section 11 .I shall apply only to the MU-H zoning district. a. On-sit~f~all b~l~ocate~~e of the structure they are intended to serve and iree~ ~ fi'ojtl~blic It~s, not,ithstanding other provisions of these regulationslat ]~[hirl~ ]l~ifi~tialut~mobillgarage setback, and paragraphs 8d. and 8e. below~inga~ll~lerlJt~',oPpar~gulatiet~lhu'king garages. The intent of this provision is that parking facilities not be prominent as viewed from the street(s) that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings and pedestrian features and de-emphasize parking facilities. In order to best achieve this objective, rear parking is preferable to side yard parking. Access to parking shall be from side streets not serving as the principal structure's main frontage when possible in order to minimize vehicle/pedestrian conflicts along sidewalks resulting from driveway crossings. b. Mixed-use developments may utilize the following parking requirements based upon shared parking with different hours of use. The total requirement for off-street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be: Weekday Weekend Daytime Evening Daytime Evening Nighttime (6 a.m.- (5 p.m.- (6 a.m.- (5 p.m.- (Midnight- 5 p.m.) midnight) 5 p.m.) midnight) 6 a.m.) (Percent) (Percent) (Percent) (Percent) (Percent) Office 100 10 10 5 5 Retail 75 75 100 70 5 Lodging 75 100 75 100 75 Restaurant 50 100 100 100 10 Entertainment 40 100 90 100 10 Residential 60 100 100 100 100 (Source: Urban Land Institute "Shared Parking", 1983) 11 S:\Planning~SHARED\WP~SPECPROJZCODE REVIEW~CDRV MU-H MU-L\Code strike&under4-13-04.doc c. Freestanding parking garages as part of a mixed use development are permitted within the MU-H Zone only. Within the MU-H Zone, freestanding single-use parking garages shall not exceed 75 feet in height, and shall not have direct fi'ontage on Boynton Beach Boulevard, Ocean Avenue or Federal Highway unless the portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor. The intent is to border or wrap the garage in storefronts and other permitted habitable floor area to a minimum depth of twenty (20) feet, so as to disguise the garage and create continuity in street- level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure to create the illusion that the garage is habitable floor space. d. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU-H and MU-L Zones. Understory parking (on the first floor of a structure) is permitted throughout the MU-H and MU-L Zones for multiple-floor buildings. Such first floor parking areas, abutting on arterial roadways, are required to be developed for commercial uses to a minim o 20 fe . All 's' ' of the arkin structure shall be scr~lizi~nbinglneg) and/or architecturally articulated faqa e. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. 11~t-0. Dumpster Location. Dumpsters shall be adequately screened from view in a manner compatible with the sun'ounding environment. 12___~. Circulation. Development sites with frontage on Federal Highway, Ocean Avenue and Boynton Beach Boulevard shall be designed to discourage mid-block street crossings on these streets. 13.__~. Signage. Chapter 21 shall govern signage within the Federal Highway Corridor District, Signs, of the Boynton Beach Land Development Code. storage Design Requirements. a. Location o_fself-storage use. Self-storage uses shall only be allowed above the first floor in a mixed-use structure. b. Ground-floor retail uses required. Street fi'ontages of the ground floor area shall be devoted to one or more principal retail and office uses, not related to the self-storage use, to a depth of at least twenty (20) feet. c. Access to self-storage facilities. Access to self-storage use portion of the structure shall not be from/to an arterial roadway and must be screened from public right-of-way. 12 S :XPIanning~SHARED\WP\SPECPROJ~CODE REV1EW~CDRV MU-H MU-L\Code strike&under4-13 -04.doc d. Design of buildings. Buildings shall be designed to have the appearance of a multi-story retail, office and/or residential structure through the use of windows, shutters, and appropriate building elements on the upper floors. 15. Live/Work Unit Requirements. a~ Minimum Floor Area. The minimum floor area of a live/work unit shall be one thousand (1,000) square feet. b. Permitted_floor Area. No more than 30% or four hundred (400) square feet, whichever is greater, of the live work unit shall be reserved for living space, including kitchen, bathroom, sleeping and storage areas. The rest of the gross floor area of each unit shall be reserved and regularly used for working space. c. Separation Required. Each live/work unit shall be a separate unit from other uses in the building. Access to each live/work unit shall be provided from co_ .mm.on..a~ hall r co' . ' from the exterior d. and one half (2 ½) ParMng. parking spaces. e. Permitted Work Activity. The work activity in a building where live/work units are allowed shall be any use permitted by fight in the zoning district, except that in order to protect the health and safety of persons who reside in a live/work unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes. f. Occupational License Required. At least one c, ccupa~nt resident of an individual live/work unit shall maintain a current occupational license for a business located in that unit. g. No Separate Sale or Rental of Portions qt' Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person not working in the same trait. h. No Conversion o_fUnits. No live/work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live/work units in a single structure to exclusively residential use shall be, where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be permitted where the live portion of the units is the only residential use in a project. 13 S:LPlanning~SHARED\WPXSPECPRO.BCODE REVIEW~CDRV MU-H MU-L\Code s~ke&under4-13-04.doc -1416. Definitions. The following are supplement definitions applicable only to the Mixed Use Zoning Districts, and therefore take precedence over definitions in other portions of the Code in case of conflict. Accessory apartment: a habitable living unit added to or created within a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory apartments shall comprise no more than twenty-five percent (25%) of the total floor area of the single-family dwelling and shall in no case be more than 750 square feet. Antique shops: any premises used for the sale or trading of articles of which eighty percent (80%) are over fifty (50) years old or have collectible value. Antique shop does not include "secondhand store". Child Care: an establishment that provides care, protection and supervision for children on a regular basis away from their primary residence for less than 24 hours per day. The term does not include facilities operated in conjunctirmlilil~[~ e~nt use ~1[ oth~l~here children are cared f°r while parents or custodl arJci~ the ~e~ °~ tlhmlte Mcinilot. Coffee house: an informal ca.a. lP.i,a~ta~ o]lt'in~ffee, t~d other non- alcoholic beverages, and where light refreshments and limited menu meals may also be sold. Convenience Store: a small store near a residential area that stocks food and general goods and is open all or most of the day and night. Custom furnishings: home furniture and decorative objects built to a buyer's specifications. Cyber cart: a coffee house that provides patrons with computer terminals for browsing the Internet for a fee. Day Spa: Spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs that may last from a few minutes up to a full day. Fitness/Health Club: A commercial recreation and entertainment facility or private club which has as a PRINCIPAL USE a gymnasium, swimming pool or other sports facility and which may offer massages, whirlpool baths, steam rooms, saunas or medical facilities as ACCESSORY USES to the PRINCIPAL USE. Fortune-teller/Psychic: somebody Person who makes predictions about the future through methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. Half-way House: A residential facility used to house individuals being transitioned from penal or other institutional custody back into the larger society. 14 S:~Planning~SHARED\WP\SPECPROJRCODE REVIEW~CDRV MU-H MU-L\Code strike&under4-13-04.doc Hotel: A building or portion thereof containing twenty (20) or more guest rooms, efficiency units or suites designed for the temporary_ lodging of transient guests rented on a daily basis and occupied for less than thirty (307 days. Ancillary facilities may include conference facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to the guest quarters shall be through an inside lobby and corridors or from an exterior court which is within a secured area. Hotel, Boutique: A small luxury hotel containing ten (107 to fifteen (157 guest rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or lunch service and room service may also be provided. Hotel, Extended Stay: Any all-suite hotel that provides visitors with a full kitchen and more than 5% of its rooms are occupied for at least thirty (30) days and no more than one hundred and eighty (180) days. Landscaped Area: Open spal~otDd byt~stm~or ~m~~ous surfaces, and landscaped with vegetative m~2~2/~[tllffi~g~l~t~llae Bolon Beach Landscape Code. Live/Work Unit: A commercial unit with incidental residential accommodations occupying one (17 or more rooms or floors in a building primarily designed and used for commercial occupancy and providing, 1. adequate working spaced reserved for commercial use and regularly used for such purpose by one (17 or more persons residing in the unit; and, 2. living space containing, but not limited to, a sleeping area, food preparation area with reasonable work space and a full bathroom. Medical outpatient facility: an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. Mixed Use Development: a combination of two or more uses on a single parcel, tract or development pod. In the Mixed Use-High zoning district this shall consist of a structure or series of structures containing ~'oun~ floor retail eommemiat ;;'i~ office uses and/or housing above residential uses arranged vertically. In the Mixed Use-Low Intensity and Suburban Mixed Use zoning district_s, mixed-use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. Motel: A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum often (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. Newsstand: a stall, booth or store where newspapers and magazines are sold. Package liquor store: an establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption off the premises. 15 S:~Planning~SHARED\WP\SPECPROJ~CODE REVIEWXCDRV MU-H MU-L\Code strike&under4-13-04.doc Recreation and Entertainment, Indoor: an establishment offering recreation and entertainment to the general public within an enclosed building. Such uses include movie theaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, computer), fitness centers, dance studios, court sports and swimming pools. Residential, Multi-Family: A building containing three (3) or more dwelling units that cannot be classified as single-family attached. Residential, Single Family Attached: Two (2) or more one-family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single-family attached dwellings include duplexes and townhomes. Shelter: A facility, which is not a hotel or motel, used primarily for providing free or very low- cost short-term lodging for individuals who would otherwise be homeless. Soup Kitchen: A facility providing free or very low-cost meals or distributing free or very low- c°st pre-packaged f°°dstuffs l~l~ °f ~ta~tT °rorganization. Substance Abuse Center: A~s_,qlp_n~for Iktr_,ql~ent ofi~iduals for alcohol or drug abuse. Theater: A building or outdoor structure expressly designed for the presentation of plays, operas, music concerts, motion pictures, etc. 16 S:~PlanningX.SHARED\WP\SPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code strike&under4-13-04.doc VIII.-PUBLIC HEARING CITY OF BOYNTON BEA ITEM B. AGENDA ITEM REQUEST F ...... Requested City Commission Date Final Form Must be Requested City Date Final Form Must be Meeting Dates Turned in to City Clerk's Office Commission Meeting Dates Turned in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] Apd120, 2004 Apdl 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 Apd119, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 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 ~~..~o"'-c° RECOMMENDATION: Staff recommends that the Commission approve Resolution R04- fd~,a Special Warranty Deed conveying title to Habitat for Humanity of South Palm Beach County, Inc. for: .~- Lot 353, CHERRY HILLS, according to the plat recorded in Plat Book 4, Page 58, Public Records of Palm Beach County, Florida. Being the real property described under tax certificate 4914 in the tax deed recorded in Official Record Book 9459, Page 1059, Public Records of Palm Beach County, Florida. EXPLANATION: The property in Cherry Hills is adjacent to property currently owned by Habitat. With the addition of this lot, which with only a 25' frontage is not buildable by itself, they will be able to construct a new home. PROGRAM IMPACT: One new single-family dwelling will be added to a neighborhood located within the City's target area. FISCAL IMPACT: Upon completion of the house, the tax value of this property will be an estimated 125,000.00 annually, less homestead exemption. ~ Depa~;t~e"nt H~d's S'[gna{ure City M~nager's Signature Department of Development Community Improvement Division Department Name City Attorney / Finance / Human Resources S:\Community Improvement~Agenda Requests~2004\CC4-20-04Habitat.dot I ~eaml~/~J~lal~ Lavam N~I:~: I*2-T:H ¢:-:AV'E ' ~ner Info~ation PCN: 0~21140003530 Lo~tlon: 529 NW 11TH AVE BOYNTON B~CH FL 3~25 0310 _ .~ .._ ,..~ -2003Ce. JfiedT~ ..... ~.~ ~ ~ ~ Ad Valorem: $0.0 ...... I .... "~~ Non ad valore~To~l: $0.0~$0'0~ ~: ~ ~ ~o ~, ~ ~ ~,,e ~: ~ -2003Ce.ifiedAssessment Manet Value: $6,40 Assessed Value: $6,40~ ~empt Amn~ $6,4~ T~able: NW { ~ ~H AWE -Sales Information Sa!e~ Date "~ [ ":: '' ~'~-':: ,' ....... .............. '-: ........ Mar-1998 $10~ Fob-~ 080 VII'1'.-PUBL 'C HEARI'NG ITEM B. 3 RESOLUTION R 04- 4 5 A RESOLUTION OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, AUTHORIZING AND 7 DIRECTING THE CITY MANAGER TO EXECUTE 8 A SPECIAL WARRANTY DEED CONVEYING 9 PROPERTY .AS PART OF THE CITY'S INFIIJ, 10 CONSTRUCTION PROGRAM TO HABITAT FOR 11 HUMANITY OF SOUTH PALM BEACH COUNTY, 12 INC., AND PROVIDING AN EFFECTIVE DATE. 14 WHEREAS, staff recommends that the City Commission approve a 15 conveyance to the Habitat for Humanity of South Palm Beach County, Inc., (Habitat) 16 for a parcel of land adjacent to property currently owned by Habitat. The addition of 17 this lot will enable them to construct a new home on the property; and 18 WHEREAS, the City Commission of the City of Boynton Beach, based upon 19 staff recommendation, finds it to be in the best interests of the community and its 20 residents to convey certain property to Habitat for Humanity of South Palm Beach 21 County, Inc., for the purpose of constructing one new single family home. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 23 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The City Commission of the City of Boynton Beach, Florida 25 does hereby authorize and direct the City Manager to execute a Special Warranty 26 Deed conveying certain property to Habitat for Humanity of South Palm Beach 27 County. A copy of the Special Warranty Deed is attached hereto and made a part 28 hereof. 29 Section2. This Resolution will become effective immediately upon 30 passage. S:\CA\RESO\Real Estate~Habitat Resolution- Cherry Hills.doc 2 PASSED AND ADOPTED this __ day of April, 2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 12 13 Commissioner ~4 ~5 16 Commissioner 19 Commissioner 2O ATTEST: 21 22 City Clerk 23 24 (Corporate Seal) 25 26 27 28 29 S:\CA\RESO\Real Estate\Habitat Resolution- Cherry Hills.doc THIS INSTRUMENT WAS PREPARED BY: James A. Cherof, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this __ day of April, 2004, between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose post office address is P.O. Box 310, Boynton Beach, Florida 33425-0310, hereinafter referred to as "Grantor" and HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. whose post office address is palm Beach Connty~ Florida~ (hereinafter referred to as "Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the Grantee, and Grantee's heirs and assign forever, the following described land, situate, lying and being in Palm Beach County, Florida, to wit: SEE ATTACI-II~D EXHIBIT "A". TOGETHER with all of the Grantor's interest in and to all licenses, approvals, tenements, hereditaments and appurtenances belonging or in any way appertaining to the Property, including without limitation on the foregoing, all right, title and interest of Grantor in and to any land lying in the bed of any dedicated street, alley, road or avenue (before or after vacation thereof, and whether previously abandoned or vacated or hereafter abandoned or vacated) in front of or adjoining the Property to the centerline thereof. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantors do hereby covenant with the Grantee, that the Grantor is lawfully seized of the Property in fee simple; that the Grantor have good right and lawful authority to sell and convey the Property; the Grantor do hereby fully warrant the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor; and that the Property is free and clear of all encumbrances except for (1) zoning, restrictions, prohibitions and other requirements imposed by governmental authority; (2) restrictions, easements and other matters appearing on the plat(s) of the Property; (3) easements, restrictions, covenants and reservations of record. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands and seals the day and year fa'st above written. Signed, sealed and delivered CITY OF BOYNTON BEACH City Manager Print or Type Name Print or Type Name STATE OF FLORIDA ) ) SS.: COUNTY OF PALM BEACH ) The foregoin~ instrument was acknowledged before me this ~ day of April, 2004, by Kurt Bressner, City Manager of the City of Boynton Beach. He is personally known to me or has produced as identification and did not take an oath. NOTARY PUBLIC Print or Type Name My Commission Expires: EXHIBIT A Lot 353, CHERRY HIIJS, according to the Plat recorded in Plat book 4, Page 58, Public Records of Palm Beach County, Florida. Being the real property described under tax certificate 4914 in the tax deed recorded in Official Record Book 9459, Page 1059, Public Records of Palm Beach County, Florida. ¥III.-PUBI. IC HEARII IG ITEM C, CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business "D AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 20, 2004 City Commission Agenda Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-075. EXPLANATION: PROJECT: Dunkin Donuts (COUS 04-001) AGENT: Ronald L. Uphoff OWNER: Roderick H. Cushman LOCATION: 1317 South Federal Highway DESCRIPTION: Request for Conditional Use approval for a 2,474 square foot drive-thru restaurant on a 0.43-acre parcel in a C-3 zoning district. PROGRAM IMPACT: FISCAL IMPACT: ;/ ' Develop~nt b'~.e~-Director Signature Plan~ing a~d Zoninl~rector City Attorney / Finance / Hurmm Resources S:~Planning~SHARED\WP~PROJECTS~Dunkin Donuts-Baskin Robbins\COUS 04-001~Agenda Item Request Dunkin Donuts COUS 04-001 4-20-04.dot S:~BULLETINWORMSLa. GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-075 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee .Johnson, AICP ~Jj Planner DATE: April 7, 2004 PROJECT: Dunkin Donuts - Baskin Robbins / COUS 04-001 REQUEST: Conditional Use approval for a drive-through facility PRO.1ECT DE$CI~P'rZON Property Owner: Mr. Roclerick H. Cushman Applicant: Mr. Sam Desai Agent: Mr. Ronald L. Uphoff Location: 1317 South Federal Highway (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Local Retail Commercial (IRC) / Community Commercial (C~3) Proposed Land Use/Zoning: No change proposed Proposed Use: Restaurant with drive-through facility Acreage: 18,762 square feet/0.43-acres Adjacent Uses: North: Existing commercial classified Local Retail Commercial (IRC) and zoned Community Commercial (C-3); South: Existing vacant commerdal classified Mixed Use (MX) and zoned Mixed Use - Light (MU-L); East: Right-of-way for South Federal Highway, then farther east are developed condominiums classified High Density Residential (HDR) and zoned Multi-family ResidenUal (R-3); and West: Developed residential classified Local Retail Commercial (IRC) and zoned Community Commercial (C-3). Southwest is classified Mixed Use (MX) and zoned Mixed Use - Light (MU-L). Dunkin Donuts / Baskin Robbins - COUS 04-001 Page 2 Memorandum No. PZ 04-075 BACKGROUND Mr. Pon Uphoff, agent, is seeking condiUonal use / major site plan modificaUon approval for a fast-food restaurant with a drive-through fadlity. The applicant proposes to demolish the existing 1,550 square foot donut shop and replace it with a one-story 2,192 square foot building with a drive-through window. According to the traffic impact analysis, the existing restaurant generates 769 average daily trips. The proposed building with the drive-through facility would generate 1,277 new average daily trips. The Palm Beach County Traffic Division approved the project for traffic concurrency purposes. A fast-food restaurant is a permitted use in the C-3 zoning distdct but the drive-through feature requires conditional use approval (see Exhibit "D" - Justification). The drive-through fadlity would be located on the south building fac, ade and would require one drive-through lane,, running the entire length of the west facade. Tf approved, the construction of the new building and drive-through facility as well as all other site improvements would occur in one (1) phase. STANDARDS FOR EVALI)ATZN~i ~ONDZ'rzONAL USE~ AND ANALYSZ$ 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 each of the standards. The Community Redevelopment Agency Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the dtizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section, In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The survey shows that there are two (2) ex/sOng curb cuts along South Federal Highway. The width of the entrance and ex/ts would be slightly mod/fled in order to comply w/th current regulations and design standards. The northernmost curb cut would allow for both vehicular ingress and egress while the southernmost curb cut would only allow for vehicular egress. Both points would allow for right-turn only egress. A pedestrian walkway five ($) feet/n width would connect the front entrance of the building to the sidewalk along South Federal Highway. 2. Off-street parking and loading areas where required, with parUcular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properUes, and the city as a whole. Required parking for a restaurant use is based on the fo/lowing methodologies: one (I) space per two and one-half (2.$) seats or one (1) space per 100 square feet of gross floor area, whichever/s more stringent. In this case, the required parking is tabu/abed on the proposed building area (2,192 square feet) rather than the number of seats (20 seats). The si~e plan (sheet $PI) shows that 22 parldng spaces Dunkin Donuts / Baskin Robbins - COUS 04-001 Page 3 Memorandum No. PZ 04-075 are required and 22 spaces are provided. One space is designated for handicap use. This handicap space would be situated in the most appropriate on-site location, closest to the bui/ding's front entrance. 3. Refuse and service areas, with particular reference to the items in subsection ! and 2 above. The survey does not show an existing dumpster enclosure location. However, as shown on the site plan (sheet SP1), the dumpster enclosure is proposed at the southwest corner of the property. City trucks would enter the site at the northernmost entrance, p~ westward, eventually circulating around the building, and then travel due south. This would result in a direct in-line access to the enclosure. The depth of the travel lane behind the dumpster is sufficient enough for the trud~s to back up and maneuver away from the site. Staff does not anticdpate interference from the trucks and the use of the loading zone. The dumpster location is positioned in such a way as to facilitate the efffcient removal of trash. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and ~anitary sewer are available for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed pervious or "green" area is 3,$~0 square feet or JS. ZCa of the total site. The landscape plan (sheet LP2 of 3) shows that all landscape buffers would comply with code requirements. The front (east) landscape buffer would be seven (7) feet in width and contain a Live Oak and four (4) Purple Glory trees. The buffer would also have a row of Silver Buttonwood hedges and various Iow-growing groundcover p/ants. A Podocarpus shade bee is currently located within the southern landscape buffer. The landscape plan proposes to remove this tree from its current location, create new parldng spaces in its place, and then relocate the tree to the front landscape buffer. Although this transplantation would be allowed by code, staff recommends presen4ng the tree in its current location and creating the parallel spaces on either side of the tree. The applicant agrees that this can be accomplished and promises to preserve the tree in its current location by designing a landscaped island around the tree while still being able to create the three (3) parallel parking spaces along the south property line. These modifications to the plans can occur at the time of permitting. If successful in preserving the tree, staff also re~mmends adding a cluster of palm trees to the port/on of the front landscape buffer where the Podocarpus was originally proposed for relocation (see Exhibit "C"- Conditions of Approval). The south landscape buffer would be at least two and one-half (2-1/2) feet wide. It would contain the Podocarpus and D've Oak shade trees. A continuous row of Redtip Czx~plum and Silver Buttonw~ hedges are proposed within this buffer. The Silver Buttonwood hedges would be installed at 36 inche~ in height (rather than the minimum of 24 inches in height) in order to further screen vehicles using the drive-through window from South Federal Highway. The landscape plan (sheet LP2 of 2) shows that the west landscape buffer would be five ($) feet in width. This landscape buffer would separate the subject property, which is zoned commercial, from a non- conforming resident/al use to the west. The code requires a buffer wall only when a commercial district abuts a resident/al distn'ct. Zn this case, no buffer wall would be required by code because the property to the west is zoned commercial. However, as previously mentioned, the proposed project would generate addit/'onal vehicular traffic. Offcially and under the O'ty's traffic concurrency guidelines, the local roads would be able to aocommodate the additional tn'ps (generated by the expansion and drive- through facility), but as a practical matter, without the wall, this auto-intensive use could have a negative impact on the non-conforming resident/al use directly to the west and the future mixed-use project to the Dunkin Donuts / Baskin Robbins - COUS 04-001 Page 4 Memorandum No. PZ 04-075 south and southwest, which permits a residential componenL Therefore, for these reasons, staff re~mmends in~rporaling a six (6) foot high buffer wall into the design of the west landscape buffer. Also, as normally associated w/th buffer walls, staff further recommends installing a row of Redtip Cocoplum hedges on the outside of the wall (see Exhibit "C"- Conditions of Approval). At the ~'rne of permitting, the developer would be required to submit plans that show the buffer wall within the west landscape buffer. The landscape plan also shows that five (5) Dahoon Holly trees are proposed within this landscape buffer as well. The shade trees should be replaced with palm trees since the landscape buffer coincides with a five (5) foot wide ut#ity easement (see Exhibit "C~- Conditions of Approval). The wall would provide a low-to-mid level barrfer while the canopy of the palm trees would provide an upper- level barrier. The north landscape buffer would be sim#ar to the south landscape buffer in that it would be two and one-half (2-1/2) feet in width and contain a row of RedO'p Cocop/um hedges and seven (?) Silver Buttonwood trees. 6. Signs, and proposed exterior lighUng, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. This condib'onal use applicab'on proposes two (2) internally lit wall signs for the new Dunkin Donuts / Bask/'n Robbins donut shop. The elevation (Sheet A2) shows that both signs are proposed on the front (east) facade, faring South Federal Highway. The "Dunkin Donuts' wall sign 1~ above the Bask/n Robbins sign, would be 16. 79 square feet in area. The "Bask/n Robb/ns" wall sign would be slightly larger at 25. 47square feet in area. Collecb'vely, both signs would be ~t2 square feet in area. This would comply with Chapter 21, Ar~'cle 11/, Secbbn 3,C. of the Land Development Regulations. The monument sign detail as shown on sheet $P2 indicates that the freestanding monument sign would be seven (7) feet- six (6) inches in height and be located 10 feet away from the front property line. The detail shows that the sign would be internally/it and be 42 square feet in area. The base of the monument sign shall be painted the same color and one of the building's colors (see Exhibit "C'- CondiEons of Approval). The photometric plan (sheet IPCP14382,4) illustrates the proposed Iighlz'ng levels for the subject site. It shows that lighting levels would not spill onto the adjacent properties or create excessive glare or lighting levels. 7. Required setbacks and other open spaces. The proposed building, awnings, and drive-through lane would meet all setback requirements of the 03 zon/ng distri~. No open spaces are being diminished as a result of the ddve-througfl lane. 8. General compatibility with adjacent property and other property in the zoning district. In general, the proposed use is compatible with the commercial uses along South Federal Highway and the C-3 zoning d/strict. There would be m/n/ma/on-site impact and no adverse effects would occur from the drive-through fad/ity. According to the applicant, 'Yt wi//serve the high density and medium density residenb'a/ properb'es to the east and west sides we//at the same b'me providing the necessary buffering and screening. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. Dunkin Donuts / Baskin Robbins - COUS 04-001 Page 5 Memorandum No. PZ 04-075 The maximum allowable building height in the C-$ zoning distn'ct is 45 feet. The proposed building height (17.5 feet), measured at the top of the parapet wall would comply w/th code. The top of the monolith would be 21 feet in height. The height would be compab'b/e in compaffson w/th the neighboring commercial properb'es. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The new building would be modern and updated compared with the existing structure. The drive-through facility would constitute additional convenience and choice for the City residents. The City is witnessing a new generation of fast-food restaurants focusing on inexpensive products and morning peak-hour traffic. This new strategy and markeb'ng ploy among donut shops/s to create a drfve-through feature and offer addib'ona/ convenience to morning and afternoon commuters. 11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Artide [! of the City of Boynton Beach Code of Ordinances. (Part ]!! Chapter 4 Site Plan Review). W/th incorporation of staff comments, the proposed project would comply w/th all requirements of applicable secb'ons of city code. 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. Staff recommends that the audio component of the menu board (related to the drive-through facility) should project its sound in any direct/on other than west so as to not create a potenb'al dz~urbance to the residenb'al neighborhood (see Exhibit "C"- Cond/'b'ons of Approval). W/th incorporation of all conditions and staff recommendab'ons contained herein, the proposed fast-food restaurant with the drive-through facility would operate in a manner that/s in comp/lance w/th the above-referenced codes and ordinaries of the City of Boynton Beach. RECOMMENDATXON ];t should be noted that while the intent of the Federal Highway Corddor Redevelopment Plan discourages auto-intensive uses such as this drive-through fadlity, nothing in the Land Development Regulations would necessarily prohibit or justify recommending denial of this simple redevelopment project at this Ume. Therefore, based on the discussions contained herein, compliance with development regulaUons, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to saUsfying all condiUons of approval as contained in Exhibit "C" - CondiUons of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 CondiUonal Uses, a Ume 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 initiate this project. S:~PI~rm~sgLSHARED\WP~'ROJF~TS'ff~nkin Donuts--Baskln Rob 'bms~COUS 04-001LStnff Repots.doc 1 in. = 100.0 feet 0180 2TH AVE 401 0090 0010 C-1 0170 0111 0021 0121 0030 0130 5090 R-3 LOCATION MAP DUNKIN DONUTS EXHIBIT "A" EXHIBIT "B" EXHIBIT "B" [ [ [[ EXHIBIT '"B" I--7,.HII~I I -'~ SOUTH FEDERAL NIGmAY ~YNTON BEACH FL~IDA 1311 SOUTH FEDERAL HIGHIIIAY BOYNTON BEACH FLORIDA EXHIBIT "C" Conditions of Approval Project name: Dunkin Donuts/Baskin Robbins File number: COUS 04-001 Reference: 2na review plans identified as a Conditional Use with a March 23, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. At the time of permitting, provide additional information on the plans X regarding the locations of the mm lanes on Federal Hwy. in front of Dunkin Donuts. ENGINEERING DIVISION Comments: 2. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 3. Permit(s) from the Florida DOT will be required for any work within the X Federal Hwy. right-of-way. 4. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 of the Land Development Regulations will be required at the time of permitting. 5. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 6. Provide a Utility plan showing the location of water and sanitary sewer X service laterals. 7. All utility easements shall be shown on the site plan and landscape plans (as X well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. COA 04/08/04 2 DEPARTMENTS INCLUDE REJECT Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way 8. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16Co)). 9. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 10. Utility construction details will not be reviewed for construction acceptability X 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 BUILDING DIVISION Comments: 11. Buildings, structures (such as light poles), and parts thereof shall be designed X to withstand the 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. 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site COA 04/08/04 3 DEPARTMENTS INCLUDE REJECT data that address the following issues: · The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." · From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans; · Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/ drainage (civil plans). 14. 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. 15. 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: · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article 1I, Sections 26-34) 16. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 17. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. 18. 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. COA 04/08/04 4 DEPARTMENTS INCLUDE REJECT 19. Department of Business and Professional Regulation shall review and X approve the plans prior to submittal for a building permit. 20. The outdoor freestanding lighting poles shall be designed to withstand 140- X m.p.h, wind-load capacity (Section 1606, Florida Building Code). PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 21. If possible, staff recommends preserving the existing Podocarpus tree, which X is currently located along the southern property line. This would involve incorporating a landscaped island around the tree and reconfiguring the parallel parking spaces and outdoor freestanding lighting fixture around the landscaped island. A modified landscape plan would be required at the time of permitting. Also, staff recommends adding a cluster of palm trees to the portion of the front landscape buffer where the Podocarpus tree was originally proposed for relocation. PLANNING AND ZONING Comments: 22. Staff recommends that a period of one (1) year be allowed to initiate this X project (obtain a building permit). 23. Install clusters of palm trees (preferably native) rather than shade trees within X the remaining portion of the west landscape buffer. 24. On the elevation "exterior finish materal schedule" on sheet A2, correctly X identify the following color: EIFS-3: SW #6385 Dover White (white). 25. On the landscape plan, ensure that the plant quantities must match between X the tabular data and the graphic illustration. 26. The base of the freestanding monument sign shall be painted the same color X as one of the building's colors. 27. At the time of permitting, provide a detail of the proposed internally lit menu X board. It must comply with Chapter 21, Article IV, Section 2.D. of the Land Development Regulations. COA 04/08/04 5 DEPARTMENTS INCLUDE REJECT 28. Staff recommends that the audio component of the menu board (related to the X drive-through facility) should project its sound in any direction other than west so as to not create a potential disturbance to the residential neighborhood 29. Staff recommends incorporating a buffer wall into the design of the west X landscape buffer because the subject property abuts an existing non- conforming residential use. The wall shall be at least six (6) feet in height, stucco, and painted on both sides (Chapter 2, Section 4.L.). The row of Redtip Cocoplum shall be planted on the outside of the buffer wall. This can be accomplished at the time of permitting. All plans must match this modification. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 30. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 31. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Dunkin Donuts-Baskin Robbins\COUS 04-001\3RD REVIEW COMMENTS.doc EXHIBIT "D" RONALD L UPHOFF PLANNER INSPECTOR 4483-D WILLOW POND ROAD WEST PALM BEACH FLORIDA 33417 " TO: THE P~NNING &ZONING DIVISION, CI~ OF BOYNTON B~CH, ;'~ 100 E BOYNTON B~CH BOULEVARD. P.O.BOX 310 BOYNTON B~CH FLORIDA 33425-0310 RE: PROPOSED SI~ P~N FOR DUNKIN DONUTS 13t7 S FEDE~L HIGHWAY- BOYNTON BEACH- CONDITIONAL USE JUSTIFCATION A- PROJECT OVERVIEW: The overall purpose and intent of this request to demolish and replace the existing Dunidn Donuts building located at 1317 South Federal Highway, It is based on two primary reasons: 1) The existing Dunldn Donuts store is over thirty years old, undergone several improvements, and is currently neadng the end of its life cycle. So that any further improvements would be economically meaningless and would not resolve the problems created by changing demographics and different customer needs over the past years. 2) Due to changing demographics resulting in a different traffic pattern and customer needs have generated the need, more than ever, for a drive thru, pick up window. Business, over the yearn, has transformed from a traditional' sit down 'coffee shop to a 'take out' high volume coffee shop. Currently approximately sixty percent of the overall business is ' take out". The approval of this request will better serve the welfare safety and the general health of the community now and into the future B-JUSTIFICATION: 1) Current site parking and access configuration creates congestion, conflicting trafrm flow and virtually no pedestrian drculation, which is an endangerment to the safety of the customem, visiting the store, and general public travelling along Federal Highway. The proposed site plan will alleviate these problems by providing direct pedestrian access from the public side walk on Federal Highway, improve traffic flow and circulation significantly by allowing a two way trafrK: on the north side, but at the same time allowing full access around the entire building by providing a by pass lane. It will also alleviate the congestion currently caused by 'take out' customers who have currently to park their vehicles for pick up of their orders, by providing a drive thru pick up window. It will also allow easier and quicker pick up of refuse collection, with separate ingress and egress, currently unavailable and additionally full access and circulation to emergency vehicles around the entire building. 2) The proposed improvements will provide improved buffering to the West Side of the property, by a providing a 6' high solid concrete wall and 4' high hedge. To adjacent properties to the north and south by adding landscaping to soften the noise and activity within the site. The site lighting is shielded on both the west and south property lines to minimize glare and over spill at nighttime. Improvements will add a loading area, currently unavailable, better landscaping, improved night EXHIBIT "D" time lighting, better shielding and buffering to adjacent properties resulting in a new facility that will be suited to serve the community better and at the same time promoting the welfare, safety and general health of the community at large. 3) Proposed location and configuration of refuse containment will provide safer and quicker refuse collection. Enclosure, along with proposed landscaping, will shield the refuse container. (Currently there is no enclosure). It is also proposed to use the dumpster access lane also as a loading zone. Although this may raise concerns, typically deliveries occur between 12.00 midnight to 2.00 am whereas refuse pick up is between 6 and 7 am twice a week, and is expected to take only a few minutes with the proposed configuration. Also customer traffic is minimal at this time, and proposed north entrance will allow both ingress and egress for this particular reason, should both the by pass lane and the drive thru lane be blocked at the same time, customers may exit through the north entrance. Spedrmally parking spaces on the south side, of the building, will be designated for the exclusive use of employees only thereby ensuring free access for customers to the building at all times. 4) Currently all the utilities, required for the proposed improvement, including water, sewer, electricity and natural gas are existing, and should be adequate for the proposed improvements. 5) Proposed landscaping, a vast improvement from what is existing will provide better screening buffering, appearance and soften the activity within the site from adjacent properties. The proposed landscaping will comply with the city's latest standards. Irrigation, currently non- existent, will also be provided. 6) Proposed signage will comply with current city codes. Signage will only be provided on the west side of the building, facing federal highway, thereby shielding the south and north properties. A monument sign on the north east comer of the property will replace the current non-compliant pylon sign. Overall square footage will be less than the maximum allowed by the city sign code. The proposed signage will minimize the impact on the adjacent properties. 7) The proposed set backs exceed the minimum required by the city's codes and additional landscaping along Federal Highway, currently non-existent, will be provided. 8) The proposed use will remain unchanged from its current use. Use is consistent with the current and future zoning designations for the site (Community Commerdal- C3) and use of Local Retain Commercial (LRC) and also with the properties located to the north and south. It will serve the high density and medium densities residential properties to the east and west sides well at the same time providing the necessary buffering and screening. 9) The proposed height of 21 feet ,measured at the highest point of the monolith, is well below the code allowed height of 45', thereby providing a building that is in harmony with the adjacent buildings 10) The proposed improvements will benefit the community and the city in providing a better and renewed economic stature and tax revenue base. We believe the proposed improvements are consistent with the city's redevelopment plans for this district and changing demographics. 11) The proposed improvements are in compliance with the city's standards as set forth in Chapter 4 of the Land Development Regulations. 12) The proposed improvements are in full compliance with the city's Noise Control Ordinance specifically chapter 15, section 15.8 of the Boynton Beach Code of Ordinances. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Dunkin Donuts / Baskin Robbins APPLICANT'S AGENT: Mr. Ron L. Uphoff APPLICANT'S ADDRESS: 4483-D Willow Pond Road West Palm Beach, FL 33417 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20, 2003 TYPE OF RELIEF SOUGHT: Request conditional use / major site plan modification approval for the construction of a 2,192 square foot fast-food restaurant with a drive- through facility on a 0.43-acre parcel in the C-3 zoning district. LOCATION OF PROPERTY: 1317 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the 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:x,Planr~i~g~SHARED~Wt'~,PROIECTS~unki~ Don~als~Baskin Robbins\COUS XII. - LEGAL CITY OF BOSTON BE. IlEt4 A.1 AGENDA ITEM REQUEST I Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office .~ April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) ~ April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 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: Amend Chapter 9 "Fire Protection and Prevention" to address requirements for high-rise buildings. EXPLANATION: Safety features including a firefighter's ak system, fire equipment storage rooms, master keys, rappelling anchors, fire department connection and control valves, communication systems, and comphant elevators will be provided. PROGRAM IMPACT: This will provide an extra level of safety for firefighters and will enhance the fire rescue departments' ability to render aid in an emergency. FISCAL IMPACT: All cost will be borne by the builder. ALTERNATIVES: Allow high-rise buildings to be built without consideration for contemporary high-rise fire and life safety features, j Depart~nt Head's Signature v -- ~l~'n~ger's Signature Department Name City Attorney / Finance / Human Resources S:~BULLET1N'xFORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 03-OO5' AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 9, "FIRE PROTECTION AND PREVENTION," ARTICLE 1I, CREATING A NEW SUBSECTION 9-24, "REQUIREMENTS FOR HIGH-RISE BUll.DINGS AND BUILDINGS WITH SIX OR MORE STORIES"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined that it is necessary to amend Chapter 9 of the City's Code of Ordinances to address requirements for high-rise buildings and buildings with six or more stories; and WHEREAS, the City Commission has determined that it is in the best interests of the residents and citizens of the City of Boynton Beach to amend Chapter 9 of the Code of Ordinances to specifically address requirements for high-rise buildings and buildings with six or more stories. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Chapter 9, Fire Protection and Prevention, Article II, is hereby amended by creating Subsection 9-24 is as follows: Sec. 9-24 REQUIREMENTS FOR HIGH-RISE BUll JDINGS AND BUll .DINGS WITH SIX OR MORE STORIES Enforcement of Application The high-rise regulations set forth in this section shall be enforced by the Fire Marshal. S:\CA\Ordinances~'u'e - Chapter 9'0tigh Rise Requirements - Chapter 9 Amendment.doc Page I These regulations shall apply to all buildings, which have floors used for human occupancy located 75 feet or more above grade, and all buildings of six or more stories used for human occupancy. Certificate of Compliance A. No Certificate of Occupancy shall be issued for a high-rise building or a building of six or more stories, unless a Certificate of Compliance, as described herein, is first issued by the Fire Marshal. B. The following life safety features shall be provided in accordance with approved plans and specifications and shall be tested, certified and proved to be in proper working condition to the satisfaction of the Fire Marshal before issuance of the Certificate of Compliance. 1. Firefighters Air System A system capable of supplying breathing air to multiple levels of the structure for the purpose of filling breathing air bottles shall be provided. It shall be designed to meet fire department needs as described in the Fire Department Design Guide; be tested annually and maintained at the expense of the owner. It shall be for fire department use only. 2. Equipment Storage Rooms Equipment rooms or areas as described in the Fire Department Design Guide, for the purpose of storing equipment for fire department use shall be provided. 3. Stairwell doors Stairwell doors shall remain unlocked to allow entry to each floor above the first floor S:\CA\OrdinancesXFire - Chapter 9~High Rise Requirements ~ Chapter 9 Amendment.doc Page 2 from the stairwell. 4. Administrative Controls Administrative controls shall be provided as deemed appropriate by the Fire Marshal. This typically includes evacuation/identification maps, door labels, impairment controls, etc. 5. Master Keys Multiple master keys fitting all common area doors shall be provided. 6. Rappelling Anchors Anchor devices meeting fire department requirements as described in the Fire Department Design Guide shall be placed on the roof and used by the fire department for rappelling purposes. 7. Suppression Connections and Control Valves The location of fire department connections and fire suppression control valves shall be approved by the Fire Marshal. 8. Communications The systems and devices used to provide voice information to building occupants and among emergency personnel shall be approved by the Fire Marshal. 9. Elevators Elevators shall be of adequate size and configuration to accommodate the needs of the fire department as described in the Fire Department Design Guide. 10. Smoke Controls S:\CA\OrdinancesWire - Chapter 9XHigh Rise Requirements - Chapter 9 AmendmenLdoc Page 3 Stairways and areas important to life safety shall be provided with adequate smoke control features as determined by the Fire Marshal. Section 3. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4. Authority is hereby granted to codify said ordinance. Section 5. This ordinance shall become effective immediately upon passage. FIRST READING this 1"7 day of ~'~brc~r,~ , 2004. SECOND, FINAL READING AND PASSAGE this day of ,2004. C1TY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner (CORPORATE SEAL) S:\CA\Ordinances'~n'¢ - Chapter 9'ffligh Rise Requirements - Chapter 9 Amendment.doc Page 4 FIRE DEPARTMENT DESIGN GUIDE 2004 PURPOSE The Fire Department Design Guide was developed to provide information for design professionals regarding methods to comply with city ordinances pertaining to fire and life safety design issues. Alternative designs may be acceptable at the discretion of the Fire Marshal. TABLE OF CONTENTS Bulk Storage of Flammable Liquids In Outside Aboveground Tanks .................. 3 Duct Detector Annunciation ................................................................. 3 Elevators ........................................................................................ 3 Equipment Storage Rooms ................................................................... 3 Extension Cords, Control Panels, and Appliances ......................................... 5 Firefighters Air System ....................................................................... 7 Fire Hydrants and Fire Department Connections ......................................... 16. Fire Lanes On Private Property; Blocked Roadways ....................................16 Key Boxes/Entry Systems ................................................................... 17 Penetration of Firewalls and Fire Breaks ................................................... 18 Repelling Anchors ............................................................................. 18 Security Gates and Emergency Access ..................................................... 18 Smoke Controls ................................................................................ 19 Sprinkler Systems .............................................................................. 19 Tent Requirements For Assembly Use ...................................................... 19 Bulk Storage of Flammable Liquids In Outside Aboveground Tanks The limits in which bulk storage of inflammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: Bounded on the east by the Florida Inland Navigation District Canal; on the north by the Boynton Canal; on the west by Seaboard Air Line Railroad; and on the south by Woolbright Road (SW 15 Avenue). Such bulk storage is also prohibited within two hundred fifty (250) feet of U.S. Highway No. 1, and within fire hundred (500) feet of any church, school, theater, or other public gathering place, or similar type bulk storage tank installation located on any noncontiguous parcel. Any building permit issued for the construction of bulk storage tanks contemplated hereinabove, shall be subject to the imposition of any reasonable safety requirements deemed necessary by the city commission dictated by the physical location of the proposed site of such tanks. (Ord. No. 98-4.5, § 2, 12-1-98) Duct Detector Annunciation Where an approved fire alarm system is installed in a building, HVAC duct detectors shall be connected to the fire alarm system. Smoke detectors used solely for closing dampers or for heating, ventilating, and air-conditioning system shutdown shall not activate the building fire alarm. They are to be identified as "Supervisory" only. Elevators CONTROL OF AUTOMATIC ELEVATORS (a) In all buildings three stories or more in height, hereat~er erected, which are equipped with automatic elevators, at least one designated elevator servicing all floors of the structure shall be arranged for emergency use (firefighter's service) by Fire Department personnel. The control of automatic elevators shall meet the requirements as set forth under the state elevator code and ASME/ANSI, A17.1. (b) Existing elevators shall conform to the requirements ofASME/ANSI A 17.3. (c) Elevators shall be inspected and tested as specified in ASME/ANSI A 17.3. (Ord. No. 98-4.5, § 2, 12-1-98) Equipment Storage Rooms In High-Rise Buildings Fire Department equipment storage rooms shall be provided to store the required fire fighting equipment and shall comply with the following: A. Each equipment storage room shall have a minimum of forty-eight (48) square feet of floor space, with no dimension less than six (6) feet. Ceiling height shall be at least seven (7) feet, six (6) inches. Size may be reduced when approved by the Fire Department. B. Rooms shall be of two (2) hour fire-resistive construction with no opening rated less than 1 ½ hours. C. Rooms shall be locked with access by the Fire Department only. Keys shall be provided in a Fire Department key box. D. The door to the equipment storage room shall have a permanent sign stating, "FIRE DEPARTMENT USE ONLY" E. Stairway doors shall be identified to indicate the location of equipment storage rooms in the following manner: 1. The stairway, which is adjacent to equipment storage rooms, shall have an exterior sign on the first floor level, or Fire Department entrance level, identifying the floors where rooms are located adjacent to that stairway. These stairways shall have roof access. 2. At each floor level where equipment storage rooms are located, signs shall be placed on the stairway side to identify that floor as an equipment storage room location. F. Shelves, cabinets and racks shall be installed as specified by the Fire Department G. The door to the equipment storage room shall be a minimum three (3) feet by six (6) feet, eight (8) inches in size. H. Location and Access 1. The equipment storage rooms shall be located adjacent to an enclosed exit stairway, which provides access to the roof. Placement of the equipment storage rooms shall begin five (5) floors above the ground level and then placed at every fifth in an ascending order. 4 2. When travel distance between exit stairways exceeds 200 feet, both stair~vays shall have equipment storage rooms adjacent to them. Such locations shall be on an approved alternate floor schedule. 3. Access to the equipment storage rooms shall be within 10 feet of the exit stairway. The door to each equipment storage room shall be visible from the entrance to the exit stairway, and shall be properly identified. The room shall be readily accessible at all times for Fire Department use. 3. The fire equipment storage room may be placed within the service elevator lobby, provided travel distance to the nearest stairway is no greater than 30 feet. 4. Location of rooms shall be approved by the Fire Department. I. Each Fire Department equipment storage room shall contain the following: 1. Three (3) fifty-foot lengths of double-jacketed rubber-lined 2-1/2" hose 2. Three (3) fifty-foot lengths of double-jacketed rubber-lined 1-3/4" hose 3. Six (6) lightweight Scott air bottles, 4.5 cubic feet in size 4. One each 2-1/2" x 1-1/2" reducer fitting 5. One each 2-1/2" x 1-1/2" x 1-1/2" grated Y fitting 6. Two devices to plug sprinkler heads of each type installed 7. Six each door wedges 8. One fire phone handset per room xvith outlet 9. Ten foot attic ladder. 10. Haligan Tool 11. Axe 12. Pike Pole J. All equipment shall be approved by and meet specifications provided by the Fire Department. All equipment shall be purchased by the building owner / agent. K. After initial approvals and certifications, all equipment shall be tested and maintained by the Fire Department. All equipment storage rooms shall require an annual Fire Department Inspection. Extension Cords, Control Panels, and Appliances (a) Temporary use. Extension cords shall not be used as a substitute for permanent wiring. (b) Conditions of use. Extension cords are permitted only with portable appliances or fixtures. While in immediate use: (1) Each extension cord shall be plugged directly into an approved receptacle and shall, except for approved multiplying extension cords, serve only one appliance or fixture. (2) The current capacity of the cord shall not be less than the rated capacity of the appliance or fixture. (3) The extension cord shall be maintained in good condition without splices, deterioration or damage. (4) The extension cord shall be of the grounded type when servicing grounded appliances or fixtures. (c) Limitations. Extension cords and flexible cords shall not be affixed to structures, extend through walls, ceilings, floors, under doors or floor coverings, nor be subject to environmental damaging physical impact. (d) Multi-plug adapters. The use of multi-plug adapters such as multi-plug extension cords, cube adapters, strip plugs or any other device that does not comply with this code or the Electrical Code is prohibited. (e) Access to controlpanels. A minimum 30-inch clearance shall be provided in front of electrical control panels for access. (f) Non-approved appliances. Electrical appliances or fixtures shall not be sold, offered for sale or rent, disposed of by gift or premium, nor made available for use or used unless they are of an approved type. (g) Exception. Low voltage wiring, such as communications and signal wiring. 6 (h) Temporary wiring. (1) Temporary wiring for electrical power and lighting installations shall be permitted during the period of construction, remodeling, repair or demolition of buildings, structures, equipment, or similar activities, subject to proper permitting and inspection. (2) Temporary wiring for electrical power and lighting installation shall be permitted for a period not to exceed 90 days for Christmas decorative lighting, carnivals, and similar purposes and for experimental development work. (3) When temporary wiring is attached to a structure, it shall be attached in an approved manner. (i) Electrical motors. All electrical motors shall be maintained in a manner free from the accumulations of oil, waste, and other debris, which will interfere with required motor ventilation or create a fire hazard. (Ord. No. 98-4.5, § 2, 12-1-98; Ord. No. 02-008, § 1, 2-19-02) Firefighters Air System In High-Rise Buildings The Firefighters Air System is a complete, self contained breathing air replenishment system, permanently installed within a structure, consisting of exterior fire department connection panels, interior air fill stations, interconnected piping distribution system and an air storage system. Final locations shall be approved by the Fire Department. Purpose. The Firefighters Air System allows firefighters and other first responders to replenish empty breathing air cylinders within close proximity of the incident, reducing the amount of travel distance, time and personnel needed for logistical support, thus maximizing firefighter safety and effectiveness. Scope. The design, installation, testing and certification of Firefighters Air System shall be in accordance with this section. Safety. The Firefighters Air System is a life safety system. The system shall provide a safe and reliable source of clean breathable air to firefighters and other first responders performing fire suppression, evacuation, search and rescue and other types of emergency response tasks at incidents requiting the use of self contained breathing apparatus. Nothing within this specification shall be reduced in quality in any manner, including but not limited to system design criteria, system performance criteria, components, materials, installation procedures, testing procedures, commissioning requirements and certification. Quality Assurance. Plans, specifications, equipment and product data sheets and system calculations for the Firefighters Air System shall be reviewed and stamped by a licensed mechanical engineer knowledgeable in high pressure breathing air replenishment systems, who can demonstrate previous experience with such systems. Contractor Qualifications. The Firefighters Air System shall be installed by a licensed High Pressure Breathing Air Contractor. The installation contractor shall have a state, county, or municipal Occupational License. Performance and Design Criteria. The Firefighters Air System shall allow firefighters to replenish a minimum of two (2) 4.5 cubic foot breathing air cylinders at 4,500 PSI simultaneously within three (3) minutes or less and shall provide for the refilling of breathing air cylinders within a certified fill containment enclosure. All components of the system shall be rated to operate at a minimum working pressure of 5,000 PSIG at 70 F with a 4:1 safety factor The air storage system shall be capable of replenishing a minimum offit~y (50) breathing air cylinders of 4.5 cubic feet at 4,500 PSI simultaneously within three (3) minutes or less without fire department supplementation. The interconnected piping distribution system shall have a minimum calculated design flow using two (2) interior fill stations, total of four (4) - 4.5 cubic foot 4,500 PSI breathing air cylinders operating simultaneously at the furthest point from the fire department access. When air supplementation becomes available by the fire department mobile air unit, the exterior fire department connection panel will allow the MAU operator to connect and begin augmentation of the system, providing for a constant source of breathing air replenishment to all interior fill stations. The interconnected piping distribution system shall be designed so that the exterior fire department connection panels may be isolated from the air storage system and routed directly to the interior air fill stations via the systems main distribution line. This shall be accomplished through the means of check valves and selector valves readily accessible by fire department personnel, thus allowing breathing air to be supplied directly from the fire department MAU to the interior fill stations. Permits. A permit is required to install and repair a Firefighters Air System, in accordance with the Building Department's permitting procedures. Fees. No fees shall be charged by the Fire Department for the permit. The Building Department's fee schedule does apply. Plans. Prior to the installation of a Firefighters Air System, two sets of plans and specifications shall be submitted to the Building Department for review and approval. Plans and calculations shall demonstrate compliance with the requirements of this section and shall be stamped by a Registered Design Professional demonstrating that the design criteria for all pressure containing components is satisfied with a minimum working pressure of 5,000 PSIG at 70 F with a safety factor of 4:1. The plans submittal shall also include manufacturer mill report for the tubing, fittings, valves, pressure regulators, pressure relief devices, pressure gauges, cylinder filling hoses and all other components that may be required for a complete Firefighters Air System installation. The AHJ is authorized to require additional information that is necessary for ensuring the proposed design meets the requirements of this section. The installation of the Firefighters Air System shall not commence until complete plans, specifications and calculations have been submitted, approved and permit issued by the Building Department. Codes and Standards The Firefighters Air System shall conform to all current national standards and this specification. Construction requirements shall follow the current editions of the FBC. Where applicable all components of the Firefighters Air System shall meet the minimum requirements of the NFPA, OSHA, ASTM, ASME, ANSI and Florida Building, Fire, Plumbing and Mechanical codes. System Components. All pressurize breathing air components of the Firefighters Air System shall be listed and, or approved by a nationally recognized testing laboratory or agency. The system shall contain as a minimum, the following components. a. Exterior Fire Department Connection Panel b. Interior Fire Department Air Fill Station c. Air Storage System d. Interconnected Piping Distribution System e. Pressure Monitoring Switch f. Moisture - CO Monitor Protection. All components of the Firefighters Air System shall be protected by a minimum two (2) hour fire resistive construction and be protected from physical damage. Materials of Construction. All breathing air components used in the construction of the Firefighters Air System shall be listed and, or approved by a nationally recognized testing laboratory or agency. All pressurized components shall be compatible for use with high pressure breathing air equipment and self-contained breathing air apparatus. All pressurized breathing air components shall be rated for a minimum working pressure of 5,000 PSI with a minimum safety ratio factor of4:1 Markings. All components of the Firefighters Air System shall be clearly identified by means of stainless steel or plastic labels or tags indicating their function. This shall 9 include as a minimum all fire department connection panels, air fill stations, air storage system, piping, gauges, valves, air connections, air outlets, enclosures, doors. Exterior Fire Department Connection Panel and Enclosure. Location. A minimum of two (2) exterior fire department connection panels shall be attached to the building or on a remote monument at the exterior of the building and be interconnected to the interior air fill stations and air storage system. The panels shall be secured inside of a weather resistant enclosure. The panels shall be within 50 feet of an approved roadway or driveway, or other location approved by the Fire Department. The enclosures shall be visible and accessible on approach to the building and shall be maintained with a minimum of six (6) feet - 180-degree clear unobstructed access to the front of the panels. The exterior fire department connection panel shall provide the fire departments mobile air operator access to the system and shall be compatible with the fire departments mobile air unit. Non-Metallic Materials. When the enclosures are constructed of non-metallic materials, the enclosures shall be resistant to ultraviolet and infrared solar radiation. Vehicle Protection. When the panels are located in an area subject to vehicle traffic, impact protection shall be provided. Enclosure Marking. The front of the enclosures shall be marked FIREFIGHTERS AIR SYSTEM on a securely attached stainless steel, plastic engraved or painted plate. The lettering shall be in a color that contrasts with the enclosure front and in letters that are a minimum of 2 inches high with 3/8-inch brush stroke. The marking of the enclosures shall be immediately visible and accessible to emergency response personnel. Enclosure Components. The exterior fire department connection panel shall contain all of the necessary gauges, isolation valves, pressure relief valves, pressure regulating valves, check valves, tubing, fittings, supports, connectors, adapters and other necessary components as may be required to allow the fire departments mobile air unit to connect and augment the system with a constant source of breathing air. Interior Air Filling Station. Location. An air filling station shall be located within ten (10) feet and adjacent to an enclosed exit stairway which provides access to the roof or other areas of ingress or egress at a minimum of every three (3) floors, commencing on the third (3~d) floor above the lowest level of fire department access and every third (3rd) floor thereafter and continue in an ascending order until the uppermost filling station is within three (3) floors of the roof; the specific location on the floors shall be approved by the fire department; and within ten (10) feet and adjacent to an enclosed exit stairway or other areas of ingress or egress approved by the fire department, commencing on the third (3~d) floor below 10 ground level and every three (3) floors below grade thereafter and continue in a descending order until the lowermost filling station is within three (3) floors of lowest level; or, if there are less than three (3) floors below ground level, the lowest floor. The specific location on the floors shall be approved by the fire department. Additional air filling stations are required when travel distance between exit stairways exceeds two hundred (200) feet; both stairways shall have air filling stations adjacent to them, such locations shall be approved by the fire department. The specific location on the floors shall be approved by the fire department. Enclosure Requirements. Each air fill station shall be installed within a lockable enclost~re, closet or room by a means approved by the fire department. Each enclosure, closet or room shall be within ten (10) feet of the exit stairway. The door to each enclosure shall be readily visible from the entrance to the exit stairway and readily accessible at all times by firefighters and other emergency responders and shall be maintained with a minimum of six (6) feet - 180 degree clear unobstructed access to the front of the air filling station. The enclosure shall have emergency lighting and 110 AC outlet also powered off the building emergency generator. Security. To prevent unauthorized access to or tampering with the system, each air fill station enclosure shall be maintained locked by a means approved by the fire department. Enclosure Marking. Each enclosure, closet or room shall be marked FIREFIGHTERS AIR SYSTEM on a securely fastened stainless steel, plastic engraved or painted plate. The lettering shall be in a color that contrasts with the cabinet front and in letters that are a minimum of 2-inches high with 3/8-inch brush stroke. The marking of the cabinet shall be immediately visible and accessible to emergency response personnel. Air Filling Station Marking. The front of each air fill station shall be marked FIREFIGHTER AIR SYSTEM on a securely fastened stainless steel, plastic engraved or painted plate. The lettering shall be in a color that contrasts with the cabinet front and in letters that are a minimum of 2-inches high with 3/8-inch brush stroke. The marking of the cabinet shall be immediately visible and accessible to emergency response personnel. Air Filling Station Components. The air filling station shall contain all of the necessary gauges, isolation valves, pressure relief valves, pressure regulating valves, check valves, tubing, fittings, supports, connectors, adapters and other necessary components as may be required to allow firefighters to safely and reliably replenish multiple breathing air cylinders within a certified fill containment enclosure. Air Storage System. Location. An air storage system shall be located in buildings ten (10) floors or more above the lowest level of fire department access at a location approved by the fire department. 11 Purpose. The air storage system along with interior air fill stations shall provide firefighters the ability to safely and reliably replenish empty breathing air cylinders prior to the fire departments mobile air unit arriving on scene. Performance. The air storage system shall be capable of replenishing a minimum of fifty (50) breathing air cylinders of 4.5 cubic feet at 4,500 PSI simultaneously within three (3) minutes or less without fire department supplementation. The use of equipment requiring gasoline, diesel driven or standard building powered components is not acceptable. Enclosure Requirements. The air storage system shall be contained within a minimum two (2) hour fire rated enclosure, closet or room sufficiently sized to accommodate all air storage system components. The access door to the enclosure shall be of sufficient size to allow for the maintenance and or removal of the air storage system. The enclosure shall be conditioned so that the temperature is no less than 40 F or more than 80 F degrees and shall have an engineered pressure relief vent for over pressurization in the event of component failure. The enclosure shall have emergency lighting and 110 AC outlet also powered off the building emergency generator. Security. To prevent unauthorized access to or tampering with the air storage system, the enclosure shall be maintained locked by a means approved by the fire department. Enclosure Marking. The air storage enclosure, closet or room shall be marked FIREFIGHTERS AIR SYSTEM on a securely fastened stainless steel, plastic engraved or painted plate. The lettering shall be in a color that contrasts with the cabinet fi-ont and in letters that are a minimum of 2-inches high with 3/8-inch brush stroke. The marking of the enclosure shall be immediately visible and accessible to emergency response personnel. Air Storage System Marking. The air storage system shall be marked FIREFIGHTER AIR SYSTEM on securely fastened stainless steel, plastic engraved or painted plates. The lettering shall be in a color that contrasts with the systems components and in letters that are a minimum of 2-inches high with 3/8-inch brush stroke. Piping Distribution Materials and Methods. Prohibition. The use of carbon steel, iron pipe, malleable iron, high strength gray iron, alloy steel, copper or plastic for pressurized breathing air components is prohibited. Materials of Construction. All components of the piping distribution system shall be protected by a minimum two (2) hour fire resistive construction and be protected from physical damage. All pressurized materials used in the construction of the piping distribution system shall be compatible for use with high pressure breathing air equipment and self-contained breathing apparatus. All pressurized breathing air components shall be rated for a minimum working pressure of 5,000 PSI with a minimum 12 safety ratio factor of 4:1. The intemal surfaces of all pressurized material shall be free of contamination and meet the standards of NFPA 1500-200 Grade D breathing air. Tubing. Tubing shall be constructed of stainless steel materials that are compatible with high pressure breathing air. The use of nonmetallic materials shall be compatible with high pressure breathing air. When stainless steel tubing is used, it shall meet ASTM A- 269, Grade 316 or an equal standard. Stainless steel tubing shall be a minimum .375 outside diameter x .065 wall 316 fully annealed seamless. Stainless steel tubing shall be at least Grade 316 and meet the requirements of ASTM A-479 or equal. Routing of tubing and bends shall be such as to protect the tubing from mechanical damage. Securement. Tubing shall be supported at minimum of five (5) feet intervals. Individual tubing clamps and mounting components shall be mechanically secured to the building support-members in accordance with manufacturers specifications and the Mechanical Code adopted by the jurisdiction. Marking. All tubing shall be clearly marked FIREFIGHTERS AIR SYSTEM and HIGH PRESSURE BREATHING AIR using double sided engraved 3" x 1" stainless steel or plastic markers placed at minimum 10' intervals and at each floor level whether concealed or in plain view. Fittings. Fittings shall be constructed of stainless steel materials that are compatible with high pressure breathing air. The use of nonmetallic materials shall be compatible with high pressure breathing air. Stainless steel fittings shall be at least Grade 316 and meet the requirements of ASTM A-479 or an equal standard and rated to the maximum working pressure of the tubing used. System Assembly Requirements. The piping distribution system shall be a welded system, except where the tubing joints are readily accessible and at the point of connection to the individual air filling stations. Welding procedures shall follow nationally recognized standards. Prior to and during the welding of sections of tubing, a continuous, regulated dry nitrogen purge at 3 psi shall be maintained to eliminate contamination with products of the oxidation or welding flux. The purge shall commence a minimum of 2 minutes prior to welding operations and continue until the welded joint is at ambient temperature (72° F). When mechanical high-pressure tube fittings are used, they shall be listed for the type of materials to be joined and rated for the maximum pressure of the system, when mechanical tube fittings are used, prior approval by the authority having jurisdiction must be obtained. All concealed mechanical fittings for tubing and valves shall be made accessible by means of fire rated, self-closing, access door with fire department approved locking system, when tubing passes through a fire rated or solid material, it shall be protected by a sleeve at least three (3) times the tube diameter. Both ends of the sleeve shall be filled with and approved fire stop material. Prevention of Contamination. The installing contractor shall ensure that, at all times, the system components are not exposed to contaminants, including but not limited to, oils, solvents, dirt, and construction materials. When known or suspected contamination 13 of system components has occurred, the affected component shall not be installed in the system. The installation shall also conform to good engineering practice. Pressure monitoring switch. An electric low pressure-monitoring switch shall be installed to monitor the air pressure. The pressure switch shall be connected to the building's fire alarm system or monitor system as a supervisory alarm. The pressure switch shall transmit a supervisory signal when the pressure of the breathing air system is less than 3,000 PSIG at 70 F, +100 PSIG. The building owner or authorized agent shall notify the fire department and testing contractor of any alarm signaling a loss of pressure to the system. Moisture - CO Monitor. An electric moisture and carbon monoxide monitor shall be installed to monitor the systems air quality. This monitor shall be connected to the building's fire alarm system as a supervisory alarm. The monitor shall transmit a supervisory signal when the levels of moisture or carbon monoxide exceed acceptable levels for breathing air standards. The building owner or authorized agent shall notify the fire department and testing contractor of any alarm signaling a rise in moisture or carbon monoxide levels within the system. Final Testing, Inspection and Commissioning. All components of the Firefighters Air System shall be pre-inspected and tested for proper assembly and operation prior to a functional fire department test and inspection. Testing Procedures. Following fabrication, assembly, and installation of the exterior fire department connection panels, interior air filling stations, air storage system and the piping distribution system, the Fire Department shall witness the pneumatic testing of the entire system at 5,000 PSI for a period of twenty four (24) hours using oil free, clean dry air. During this time all fittings, joints and system components shall be inspected for leaks. A solution compatible with the system component materials shall be used on each joint and fitting. Any defects in the system or leaks detected shall be documented on an inspection report, repaired and or replaced. Upon the successful completion of the twenty four (24) hour pressure test, the Fire Department shall witness the pneumatic testing of the entire system at 7,500 PSI for a period of one (1) using oil free, clean dry air. Any defects in the system or leaks detected shall be documented on an inspection report, repaired and or replaced. Upon the successful completion of the one (1) hour pressure test, the systems low pressure monitoring switch shall be calibrated to not less than 3,000 PSI descending and tested to verify that the signal is annunciated at the bnilding's main fire alarm panel and by means of an audible and visual strobe located in a readily visible location. 14 A minimum of two (2) air samples shall then be taken from separate air filling stations and submitted to an independent certified gas analyst laboratory to verify the system's cleanliness and that the air meets all applicable standards for breathing air systems to include but not limited to NFPA 1500-2000 and the definition of PF grade (D) breathing air. The laboratory shall submit a written report to the testing contractor and the Fire Department documenting the air analysis complies with the above requirements. During the period of air quality analysis, the air filling stations inlets shall be secured so that no air can be introduced into the system and each air filling station shall be provided with a sign stating "AIR QUALITY ANALYSIS IN PROGRESS, DO NOT FILL OR USE ANY AIR FROM THIS SYSTEM." This sign shall be a minimum of 8-1/2 X 11" with minimum of 1" lettering. Each exterior fire department connection panel shall be tested for compatibility with the fire departments mobile air unit. This shall be accomplished by connecting the fire departments mobile air unit to each exterior connection panel. At such time of connection the fire departments mobile air unit will provide a source of air to the system verifying the systems compatibility with the MAU. Each air filling station shall be tested for compatibility with the fire department's self- contained breathing cylinders and apparatus. This shall be accomplished by replenishing empty 4,500 PSI breathing air cylinders at each outlet at each air fill station. The air storage system shall be tested for its ability to meet the Performance Section. This shall be accomplished by the replenishing of a minimum of twenty five (25) 4.5 cubic foot, 4,500 PSI breathing air cylinders at the uppermost air filling stations without augmentation from the fire departments mobile air unit. Upon successful completion of all testing procedures the system shall be filled to normal operating pressure of 5,000 PSI, all control valves shall be placed in their normal operating position, all doors shall be secured and locked. Five (5) sets of keys properly identified shall be provided to the fire department. System Acceptance and Final Commissioning Training. The installing contractor shall provide training for the fire department upon the successful conclusion of all inspections, testing and commissioning procedures. This training shall be accomplished in three (3) separate shifts of not more than three (3) hours per session. The fire department may request additional training when the regular testing and certification contractor performs testing and certification procedures. Training sessions shall be by mutual consent with the building owner or authorized agent. Certification. A registered design professional's stamped certificate documenting the entire Firefighters Air System has been installed, tested and commissioned in accordance with this section and the approved plans shall be submitted to the AJH. 15 Final Acceptance. Prior to the final acceptance of the Firefighters Air System and certificate of occupancy, the building owner or authorized agent shall provide for the regular testing and certification of the Firefighters Air System for the life of the system. Verification of a regular testing and certification shall be provided to the Fire Department in writing. Regular Testing and Certification. As a minimum, this shall include; verifying the system's compatibility with the fire department's mobile air trait and self contained breathing apparatus. This shall include verifying the system's ability to maintain 5,000 PSI working pressure, the operability of the low pressure monitoring switch and the system's ability to comply with the air quality requirements of this section. The building owner, authorized agent or testing contractor shall notify the fire department of any scheduled test of the system. Testing Contractor. The Firefighters Air System testing contractor shall be a licensed High Pressure Breathing Air Contractor. The testing contractor shall have a Business License. Final Commissioning. Upon satisfactory completion of all testing procedures, receipt of engineered stamped certification, verification of a regular testing and maintenance contract and fire department training the system shall be considered complete. The Firefighters Air System shall then be considered ready for use by firefighters in an emergency incident. Special Requirements. Any modification or changes to components contained within or to the "systems" described in this section shall be requested through the Building Department's permitting procedures. Fire Hydrants and Fire Department Connections Reflective blue markers shall be placed to indicate the location of a hydrant. Reflective red markers shall be placed to indicate the location of a Fire Department Connection. (Ord. No. 98-4.5, § 2, 12-1-98; Ord. No. 02-008, § 1, 2-19-02) Fire Lanes On Private Property; Blocked Roadways (a) For the purposes of this section: Fire Lane. A space sufficient in width and length to permit the parking of fire trucks, rescue vehicles, and other fire rescue department apparatus and located nearest to, or at the best location to permit firefighting and rescue operations nearest to, a building or structure. (b) Fire lanes shall be established on private property where the public has the right to travel by motor vehicle, or where the public is permitted by invitation or by license to travel by motor vehicle, to the extent that any such lane is necessary for 16 access to buildings by fire trucks or other firefighting apparatus as determined by the Fire Marshal. Any person owning or in possession and control of any such property, including but not necessarily limited to, any parking lot, shopping plaza, shopping center or other commercial, industrial or multi family residential area, shall establish such fire lanes through striping, marking and posting of signs. (c) After notification by the Fire Marshal of the necessity to establish one or more fire lanes upon a particular property, the owner or person in possession and control of the property shall submit two sets of site plans of the property to the Fire Marshal for review and approval of the design and location of the fire lanes. The site plans shall be drawn to scale and shall show all related buildings, driveways, streets and other information to evaluate the sufficiency of the fire lanes. (d) Approval by the Fire Marshal of the fire lanes shall constitute authorization for the installation of official signs prohibiting the stopping, standing or parking of motor vehicles within the fire lanes, and posting the lanes as tow away zones. Such signs and necessary pavement marking and striping shall be furnished by and at the cost of the owner or person in possession and control of the property, who shall hereafter be responsible for the maintenance of the signs, marking and striping in a state of good repair. (e) All fire lanes signs installed pursuant to this section shall have red lettering, not less than two inches or more than three inches in height, on a white background. Each sign shall be 12 inches wide by 18 inches in height, and shall not be inconsistent with the Manual on Uniform Traffic Control Devices of the State Department of Transportation. The Fire Marshal shall prescribe a uniform sign design for such signs. (f) It shall be unlawful for any person to have or cause to have any driveway, roadway or entrance barricaded or blocked by obstacles which would interfere with the response of Fire Department or other emergency vehicles. If an existing building requires the changing of access to the properties, the owners shall provide revised site plans to the Building Division and to the Fire Department for their approval. Any person failing to comply with the above provisions or violating the provisions shall be punished pursuant to the provisions of Sec. 9-1 and Sec. 1-6. (Ord. No. 98-4.5, § 2, 12-1-98) Emergency access shall be provided at the start of a project and be maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. Emergency access roadways must be firm and unyielding, having a beating value of not less than 40 (i.e. LBR 40), compacted to 98% of the maximum density as determined by AASHTO T180, in accordance with the FDOT Standard Specifications for Road and Bridge Construction (2000) Division 11, Section 160, STABILIZING. A copy of the test results shall be 17 provided and accepted prior to above grade construction. Testing frequency shall not be less than that specified in the FDOT Sampling, Testing and Reporting Guide, or as required by the Fire Marshal. The roadway shall be maintained free from ruts, depressions, and damage, and at the required beating value for the duration of it's intended use. Key Boxes/Entry Systems In all new and existing buildings, except individual residential dwelling units of any kind, there shall be installed a key box for such areas or buildings when the Fire Marshal determines that access to or within a structure or an area is unduly difficult because of secured doors and windows, security gates, or where immediate access is necessary for all life-saving or firefighting purposes. The key box shall be a type approved by the Fire Marshal, and shall contain: (a) Keys to locked points of egress, whether in common areas or on the interior or exterior of such buildings; (b) Keys to locked mechanical equipment rooms; (c) Keys to locked electrical rooms; (d) Keys to elevator controls; and (e) Keys to other areas where fire rescue personnel may need emergency access as directed by the Fire Marshal. The Fire Marshal shall approve the location of the lock box. (Ord. No. 98-4.5, § 2, 12-1-98) Penetration of Firewalls and Fire Breaks Any material penetrating a firebreak or firewall shall have the equivalent fire rating of that break or wall which is penetrated. (Ord. No. 98-4.5, § 2, 12-1-98) Repelling Anchors (1) Anchors shall be attached at locations specified by the Fire Department. (2) All anchors and hardware shall be of Type 303, 304, or 316 stainless steel. (3) Anchors attached to concrete poured-in-place shall be installed while the concrete is being placed. Such anchors shall extend not less than 5 inches into the concrete and shall have a cross-sectional area of not less than one-fourth of a square inch 18 and shall be provided with a fluke at the end of the anchor not less than 1 inch in length. (4) Anchors attached to masonry, other than concrete poured-in-place, shall be installed while the wall is under construction and shall be shaped to build into the joints between masonry units. Such anchors shall be not less than 8 1/2 inches long and shall have a cross-sectional area of not less than one-fourth of a square inch at all unexposed points and shall have a fluke or flukes having holding surface of not less than 1 inch in length that shall be firmly imbedded in the masonry. (5) Anchors attached to hollow metal construct/on shall be installed by one of the following methods: (A) At least two machine screws or bolts of 3/8-inch diameter stainless steel or equivalent passing through the frame and a steel reinforcing plate 3/8-inch thick that extends not less than 5 inches above the top bolt hole, placed on the inside of the frame and secured by means of nuts and lock washers. In cases where it is impracticable to provide nuts and lock washers, the reinforcing plate may be tapped to receive 3/8-inch diameter bolts, and the bolts shall extend through the plate. (B) Where the threaded bolt is an integral part of the anchor, it shall be at least 1/2-inch in diameter and shall be secured by means of a nut and lock washer, or any other method acceptable to the AHJ. (C) Bolts used to attach anchor fastenings shall be secured by means of nuts tightened to the torque specified by the bolt manufacturer or other equivalent means. (6) Anchors attached to solid metal construction shall be installed by one of the following methods: (A) At least two machine screws or bolts of 3/8-inch diameter stainless steel or equivalent passing through the frame and secured by means of nuts and lock washers. In cases where it is impracticable to provide nuts and lock washers, the metal frame shall be reinforced with a 3/8-inch thick plate, 6 inches long, tapped to receive both attaching bolts which shall extend through the reinforcing plate. (B) Where the threaded bolt is an integral part of the anchor, it shall be at least 1/2-inch in diameter and shall be secured by means of a nut and lock washer, or any other method acceptable to the Fire Department. 19 (C) Bolts used to attach anchor fastenings shall be secured by means of nuts tightened to the torque specified by the bolt manufacturer or other equivalent means. (7) When anchors are attached to hollow or solid aluminum frames, the reinforcing plate shall be coated or protected so as to minimize electrolytic action between unlike metals. (A) All anchors and anchor fastenings shall be provided with means to prevent them from turning, backing off or becoming loose. (B) Bolts used to attach anchor fastenings shall be secured by means of nuts tightened to the torque specified by the bolt manufacturer or other equivalent means. (8) The use of expansion shield anchors is prohibited. (9) Inspection of Anchors and Fittings on buildings shall be conducted at least every 12 months. Security Gates and Emergency Access The minimum requirements shall be as required by the Fire Marshal: (a) All security/entrance gates must have an electronic key number pad or an approved alternative. (b) The keypad will allow entrance by the simple act of pushing four (4) or five (5) buttons. (c) All gates must have a security entry code approved in advance by the Fire Marshal. (d) Gates may be operable by telephone from our dispatch office. A phone call from our dispatchers will open the gate and a second call will be required to close the gate. (e) In case of power failure, the electronic gate shall open automatically and remain open. (f) An exception will be where a 24-hour security guard is stationed at the gate. (g) A back-up device such as an authorized security box or key switch is required to operate the gate in the event the number pad entry does not work. 20 (h) No other code numbers, operating methods or key systems will be kept on file by the Fire Rescue Department. (i) In the event that our units are unable to gain rapid entry with the above methods, it will required the use of raid forcible entry methods to gain entry. The city and/or the Fire Rescue Department shall not be responsible for, nor incur any costs as a result of, gaining access to a specific area. 0) Information on where authorized key security boxes can be obtained is available from the Fire Rescue, Fire and Life Safety Division. (k) Failure to comply will result in the violation of Section 9-3F of this code. (1) Failure to notify the Fire Marshal of all unauthorized change to the operating system or other violation of this Section shall result in a fine of $100. (Ord. No. 98-4.5, § 2, 12-1-98; Ord. No. 02-008, § 1, 2-19-02) Smoke Controls Stairways and areas important to life safety in buildings of six or more stories shall be provided with adequate smoke control features as determined by the Fire Marshal. An understanding of the expected performance of the system and the acceptance test procedures should be established early in the design. Detailed engineering design information is contained in ASHRAE/SFPE, Design of Smoke Management Systems, and the NFPA publication, Smoke Movement and Control in High-Rise Buildings. The purpose is to accomplish one or more of the following: (1) Inhibit smoke from entering stairwells, means of egress, areas of refuge, elevator shafts, or similar areas. (2) Maintain a tenable environment in areas of refuge and means of egress during the time required for evacuation. (3) Inhibit the migration of smoke from the smoke zone. (4) Provide conditions outside the fire zone that enable emergency response personnel to conduct search and rescue operations and to locate and control the fire. (5) Contribute to the protection of life and to the reduction of property loss. Sprinkler Systems a) Water meters are prohibited on sprinkler suppIy lines. Tent Requirements For Assembly Use a) A supplemental lighting system in addition to the regular system for emergency lighting is required. 21 b) A certificate of flame retardant fabric is required to be provided to the authority having jurisdiction. c) A confirmatory field inspection is required after the tent is erected and prior to use by the public to confn'm flame resistance. d) The storage of flammable liquids or the use of combustible materials, not flame retardant treated, are not permitted inside the tent. There will be no smoking or open flame allowed inside the tent. e) A method to provide for emergency communications shall b9 provided. f) A ten-pound ABC fire extinguisher will be prominently displayed and persons operating the assembly shall be trained. g) The public will be protected from tripping hazards and all electrical connections shall be enclosed. h) Applicable building permits and inspections shall be required. Permit applications shall include flame-spread information, location of tent relative to other structm'es, and the time period the tent is to be used. 22 XII. - LEGAL CITY OF BOYNTON BE. ITEM A.3 AGENDA ITEM REQUEST .. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fom~ Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 20, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission unanimously approved this request under Legal, Ordinance-First Reading on April 7, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-302. EXPLANATION: PROJECT: Bermuda Bay (ANNEX 03-002) AGENT: Michael J. Covelli, Caulfield & Wheeler, Inc. OWNER: National Land Company, Inc. LOCATION: East ofi-95, north of Lake Ida Road and south of Diane Drive DESCRIPTION: Request to annex 17.12-acres of unincorporated land to be concurrently reclassified and rezoned for 17 single-family homes. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVE~ ~ Devel01ff-aent Depfixtrnent Director City Manager's Signature Pl[mning ~tnd~Z~nin~l~ector City Attorney / Finance / Human Resources S:XPIanning~SHARED\WPXPROJECTS~Bermuda Bay~RqEX 03-002LS, genda Item Request Bermuda Bay 2nd reading Annex 03-002 4o20-04.dot S:~BULLETINWO~S~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNI'NG & ZONI'NG DZVZS~'ON MEMORANDUM NO. PZ 03-302 TO: Chairman and Members Planning and Development Board and City.~~ssion FROM: Dick Hu~l%J AtCP Senior Planner THROUGH: Michael W. Rumpf'~~b/~'~ Director of Planning and Zoning DATE: December 2, 2003 PRO.1ECT NAME/NUMBER: Bermuda Bay/ANEX 03-002, LUAR 03-007 REQUEST: To annex the property, reclassify from MR-5 Residential and Industrial (Palm Beach County) to Low Density Residential (4.84 du/ac) and rezone from IL-Industrial, CG-General Commerdal and RS-Residential (Palm Beach County) to R-1-AAB. PRO~ECT DESCRZP'I'ZON Property Owner: National Land Company, Inc. Applicant/Agent: Caulfield & Wheeler, ]~nc./Hichael .]. Corelli Location: Adjacent to the east side of ]~-95, south of Diane Drive and west of Lake Ddve. (Exhibits UA & B~) Parcel Size: +_17.121 acres (including +_8.595 acres of submerged land) Existing Land Use: HR-5 Residential and Industrial (Palm Beach County) Existing Zoning: CG-Commerclal, IL-Industrial and RS-Residential (Palm Beach County) Proposed Land Use: Low Density Residential (4.84 du/ac) Proposed Zoning: R-1AAB-Single Family Residential Proposed Use: 17 single family residential lots Page 2 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay Adjacent Uses: North: Northwest, single family homes (Lake View Haven) designated Low Density Residential (4.84 du/ac) and zoned R-1-AAB Single Family Residential; northeast, right-of-way of Diane Drive. South: [ndustrial building (formerly B E Aerospace) remaining in unincorporated Palm Beach County, designated 1ND-Industrial and zoned IL-Ught Industrial East: Single family residential (Lake Eden) designated Low Density Residential (4.84 du/ac) and zoned R-1-AAB Single Family Residential West: Right-of-way of 1-95 PRO3ECT ANALYS]:S The parcel, which is the subject of this annexation, land use amendment and rezoning, totals .+17.121 acres; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and CAy Commission public hearing, a "large-scale" amendment is transmitted to the Rorida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans pdor to adoption. Following the review pedod of approximately 60 days, DCA provides the City with a report of their findings in an ~ObJecUons, RecommendaUons and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Rodda Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cydes each calendar year. This amendment request is a part of the 14 round of amendments for the 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Rorida Department of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. Subsequent to approval of the annexation, land use amendment and rezoning, the property will be platted for a conventional subdivision, and subjecting only common areas, recreation areas or signage to the site plan review process. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as Indicated in Section 9.C.7., as this petition is consistent with the dty's Comprehensive Plan Future Land Use Hap designation for properUes to be annexed within this vidnity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability consistent with Policy 8.10.5 of the Intergovernmental Coordination Element of the Comprehensive Plan. Page 3 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay Policy 1.16.3 of the Future Land Use Element states: ~The City shall continue to enforce and Implement the polides that regulate the use and intensity, and other characteristics for the development of spedfic areas, as set forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities are hereby incorporated by reference into the Goals, Objectives, and Polides of this Plan. By 2004, the Problems and Opportunities section shall be revised and updated to reflect current conditions in each of the planning areas. Until the revisions are adopted, the recommendations shall be considered as advisory." The relevant portions of the Problems and Opportunities section are, as follows: ~4.1. Unincorporated Parcels in Vidnlty of Lake Ida Those parcels on the west side of Lake Ida, north of the L.W.D.D. L-30 Canal and the adjacent right-of-way for Interstate 95 should be annexed. The existing industrial parcel along Interstate 95 should be annexed as a nonconforming use in a Low Density P, esldential land use category and an R-1AAB zoning district, since this is an Inappropriate location for industrial uses. Those parcels to the north and south of the existing industrial parcel should also be placed in a Iow-density residential category and developed for single-family detached housing. The small parcel abutting the east side of the Lake Eden subdivision should also be annexed and placed in the same land use and zoning categories as the adjacent incorporated properties." The requested annexation will reduce the existing enclave by approximately one-half, leaving approximately 19,37 acres, induding 7 acres owned by Palm Beach County, Staff will continue to encourage the property owner to annex the remaining portion, consistent with the cited directions from the Problems and Opportunities section, In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Rre, and Public Works), have been surveyed for Issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) The endaves are all Immediately adjacent to areas within the dty that currently ' receive urban services; 2) Ample service capacity exists to serve adjacent unincorporated properties; and 3) Host endaves currently receive service from the city via the mutual aid agreement (Police and Rte/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that no Traffic Study was warranted due to the dern/nirnu$ nature of the land use and zoning changes. While the continued presence of the existing industrial use on adjacent lands, coupled with the development of the property for residential use could be viewed as Intensifying the traffic Impacts on local streets, the incompatibility of the two uses will encourage the demise of the Industrial use. AddiUonally, since the proposed development of the property is consistent with recommendations of the Comprehensive Plan, it should be considered as Incremental Implementation of the plan, which will lead ultimately to the similar conversion of the Industrial use, as well. Page 4 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay The Palm Beach County School District has provided a concurrency determinaUon for the project for 17 singleofamily homes. Since there are no existing potable water demands for the property, and the proposed 17 units are estimated to require 522 Gallons per Day (GPD) per unit, the increased demand is esUmated at 8,875 GPD. Ukewise, wastewater discharge will increase by an estimated 235 GPD per unit, or a total of 3,995 GPD. (;:QNCLUSXONS I RECOMM ENDATZONS As indicated herein, this request is consistent with the Intent of the Comprehensive Plan; will not create additional impacts on Infrastructure that have not been anticipated in .the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. ~[f the Planning and Development Board or the City Commission recommends conditions, they will be Included as an additional attachment (Exhibit "C"). ATTACHMENTS 1 In. = 500.0 feet BERMUDA BAY EXHIBIT "A" i ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 17.12 ACRES OF 5 LAND THAT IS CONTIGUOUS TO THE CITY 1JMITS 6 WITHIN PALM BEACH COUNTY AND THAT WII.I., 7 UPON ANNEXATION, CONSTITUTE A 8 REASONABLY COMPACT ADDITION TO THE CITY 9 TERRITORY, PURSUANT TO ARTICLE I, SECTION 7 10 (32) OF THE CHARTER OF THE CITY OF BOYNTON 11 BEACH, FLORIDA, AND SECTIONS 171.044, AND 12 171.062(2), FLORIDA STATUTES; PROVIDING THAT 13 THE PROPER LAND USE DESIGNATION AND 14 PROPER ZONING OF THE PROPERTY SHAH. BE 15 REFI.ECTED IN SEPARATE ORDINANCES TO BE 16 PASSED SIMULTANEOUSLY HEREWITH; 17 PROVIDING FOR CONFLICTS, SEVERABIL1TY, 18 CODIFICATION AND AN EFFECTIVE DATE; 19 PROVIDING THAT THIS ORDINANCE SHALI. BE 2 0 FII.ED WITH THE CI.ERK OF THE CIRCUIT COURT 21 OF PALM BEACH COUNTY, FLORIDA, UPON 22 ADOPTION. 23 2 4 WItEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 2 5 development of an Annexation Program; and 26 WItEREAS, National Land Company, Inc., through its agents, Michael J. 27 Covelli, Caulfield & Wheeler, Inc., as owner of the property more particularly described 2 $ hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, 2 9 of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing 3 0 a certain tract of land consisting of approximately +17.12 acres; and 31 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 32 following tract of land as hereinafter described, in accordance with Article I, Section 7 33 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; 34 and 3 5 W}tEREAS, said tract of land lying and being Within Palm Beach County is S: \CA\Ordinances\Planning\Annexations\Annexation - Bermuda Bay. doc I contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 2 annexation, constitute a reasonably compact addition to the City territory. 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 4 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1. That each and every Whereas clause is tree and correct. 6 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 7 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described 8 unincorporated and contiguous tract of land situated and lying and being in the County 9 of Palm Beach, Florida, to wit: 10 A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 11 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE 12 PARTICULARLY DESCRIBED AS FOLLOWS: 13 14 BEGINNING AT A POINT WHERE THE EAST RIGHT-OF-WAY OF STATE ROAD 9 (I- 15 95) INTERSECTS THE NORTH LINE OF THE SOUTH sA OF THE SOIYFH lA OF SAID 16 SECTION 5, SAID POINT ALSO BEING 387.38 FEET (AS MEASURED ALONG SAID 17 EAST RIGHT-OF-WAY IJNE) SOUTH OF THE SOUTHWEST CORNER OF LOT 1, 18 BLOCK 1, "LAKE VIEW HAVEN", AS RECORDED IN PLAT BOOK 32, PAGES 53 19 AND 54 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 20 THENCE ALONG SAID RIGHT-OF-WAY LINE S18°31'15"W (ASSUMED). A 21 DISTANCE OF 950.91 FEET THENCE N 65°52"48"E, A DISTANCE OF 90.85 FEET TO 2 2 A POINT OF CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A CURVE, 23 CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 106.26 FEET AND A 24 CENTRAL ANGLE OF 53o41'47" A DISTANCE OF 99.58 FEET; THENCE S59°34'14"E 2 5 A DISTANCE OF 99.58 FEET; THENCE S 59o34, 14"E, A DISTANCE OF 93.09 FEET; 26 THENCE N30°25'46"E, A DISTANCE OF 137.40 FEET; THENCE S89°34'14"E, A 27 DISTANCE OF 275.96 FEET; THENCE N01°39'45"E, A DISTANCE OF 125.40 FEFJT; 28 THENCE N37°41'35"E, A DISTANCE OF 88.34 Fl~.ET; THENCE N00°52'00"E, A 2 9 DISTANCE OF 5.28 FEET TO THE INTERSECTION OF THE WESTERLY LINE OF 3 0 BLOCK 1, "LAKE EDEN SUBDMSION PLAT NO.2", AS RECORDED IN PLAT BOOK 31 29, PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 32 N21°14'45"W ALONG SAID WESTERLY LINE OF BLOCK 1, A DISTANCE OF 803.98 3 3 FEET TO THE MOST WESTERLY CORNER OF LOT 1 OF SAID BLOCK 1 OF "LAKE 3 4 EDEN SUBDIVISION PLAT NO. 2"; THENCE N18°30'15,'E ALONG THE 3 5 NORTHWESTERLY LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 101.11 FEET 3 6 TO THE SOUTHEAST CORNER OF PARCEL A, AS SHOWN ON THE PLAT OF 3 7 "LAKE VIEW HAVEN", AS RECORDED IN PLAT BOOK 32 ON PAGES 53 AND 54, 38 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N71°28'45"W $: \CA\Ordinances \ Planning\Annexat ions \Annexation - Bermuda Bay. doc 1 ALONG TIlE SOUTH LINE OF SAID PARCEL A, A DISTANCE OF 199.88 FEET TO 2 THE SOUTHWEST CORNER OF SAD PARCEL A; THENCE N18°31'lS"E ALONG 3 THE WEST LINE OF SAID PARCEL A, A DISTANCE OF 60.00 FEET TO THE 4 SOUTHEAST CORNER OF LOT 1, BLOCK 1, OF TIlE SAD PLAT OF "LAKE VIEW 5 HAVEN"; THENCE N71°28'45"W ALONG THE SOUTH LINE OF SAD LOT 1, BLOCK 6 1, A DISTANCE OF 110.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, 7 BLOCK 1 AND THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 9 (I-95); 8 THENCE S18°31'15"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE , A 9 DISTANCE OF 387.38 FEET TO THE POINT OF BEGINNING AFOREDESCRIBED. 10 11 SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. 12 coNTAINING 745,806 SQUARE FEET/17.121 ACRES MORE OR LESS. 13 SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS AND 14 RIGHTS-OF-WAY OF RECORD. 15 16 CONTAINING APPROXIMATELY +17.12 ACRES OFLAND 17 18 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall 19 be and become part of the City with the same force and effect as though the same had 2 0 been originally incorporated in the territorial boundaries thereof. 21 Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 22 is hereby amended to reflect the annexation of said tract of land more particularly 23 in Section 1 of this Ordinance. 24 Section 3: That by Ordinances adopted simultaneously herewith, the proper City 25 designation and Land Use category is being determined as contemplated in Section 26 171.162(2), Florida Statutes. 27 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 28 29 Section 5: Should any section or provision of this Ordinance or any portion thereof 30 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 31 of this Ordinance. 32 Section 6: This Ordinance shall not be passed until the same has been advertised S:\CA\Ordinances\Planning\Annexations\Annexation - Bermuda Bay.doc 1 two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 2 Florida, as required by the City Charter and Section 171.044, Florida Statutes. 3 Section 7. This ordinance shall become effective immediately upon passage. 4 Section 8. Specific authority is hereby given to codify this Ordinance. 5 Section 9. This ordinance, after adoption, shall be filed with the Clerk of the 6 Circuit Court of Palm Beach County, Florida. 7 FIRST READING this 7 day of ~ Of'~' I ,2004. ! $ SECOND, FINAL READING and PASSAGE this __ day of ,2004. 9 CITY OF BOYNTON BEACH, FLORIDA 10 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 2O 21 Commissioner 22 23 ATrEST: 24 Commissioner 25 26 City Clerk 27 28 S:\CA\Ordinances\Planning\Annexations\Annexation - Bermuda Bay.doc 1 in. = 500.0 feet DBEHMUDA BAY ........................ EXHIBIT "A" XII. - LEGAL ITEM A.4 CITY OF BOYNTON BEA AGENDA ITEM REQUEST Fu uv Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Cit~ Clerk's Office Meeting Dates in to CiW Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Aunouncemem [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 20, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission unanimously approved this request under Legal, Ordinance-First Reading on April 7, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ03-302. EXPLANATION: PROJECT: Bermuda Bay (LUAR 03-007) AGENT: Michael J. Covelli, Caulfield & Wheeler, Inc. OWNER: National Land Company, Inc. LOCATION: East ofi-95, north of Lake Ida Road and south of Diane Drive DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map to reclassify 17.12- acres from MR-5 Residential (Palm Beach County) to Low Density Residential (4.84 du/ac). Proposed use is for 17 single-family residential lots. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVE~ Devel o~f~n, Dep~mm~ctor ~. C~ty Manager's~S~gnature Planning ~nd Zoning/Director City Attorney / Finance / Human Resources S:~Planning~SHARED\WPXPROJECTS~Bermuda BaykLUAR 03-007XAgenda Item Request Bermuda Bay 2nd reading Amend LUAR 03-007 4-20-04.dot S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN]:NG & ZON]~NG DZV/S];ON MEMORANDUM NO, PZ 03-302 TO: Chairman and Hembers Planning and Development Board and Oty~ssion FROH: Dick Hu~I%IA[CP Senior Planner THROUGH: Hichael W. Rumpf~~~ Director of Planning and Zoning DATE: December 2, 2003 PRO3ECT NAME/NUMBER: Bermuda Bay/ANEX 03-002, LUAR 03-007 REQUEST: To annex the property, reclassify from HR-5 Residential and Industrial (Palm Beach County) to Low Density Residential (4.84 du/ac) and rezone from [L-];ndustrlal, CCrC-,eneral Commercial and RS-Residential (Palm Beach County) to R-1-AAB. PRO3ECT DESCR,I:PTZON Property Owner: National Land Company, [nc. Applicant/Agent: Caulfield & Wheeler, Inc./Michael .1. Covelli LocaUon: Adjacent to the east side of 1-95, south of Diane Drive and west of Lake Drive. (Exhibits "A & B") Parcel Size: +17.121 acres (induding +8.595 acres of submerged land) Existing Land Use: MR-5 ResidenUal and Industrial (Palm Beach County) Existing Zoning: CG-Commerdal, IL-Industrial and RS-ResidenUal (Palm Beach County) Proposed Land Use: Low Density Residential (4.84 du/ac) Proposed Zoning: R-1AAB-Single Family ResidenUal Proposed Use: 17 single family residenUal lots Page 2 Rle Number: ANEX 03-002, LUAR 03-007 Bermuda Bay AdJacent Uses: North: Northwest, single family homes (Lake View Haven) designated Low Density Residential (4.84 du/ac) and zoned R-1-AAB Single Family ResidenUal; northeast, right-of-way of Diane Drive. South: Industrial building (~ormeriy B E Aerospace) remaining in unincorporated Palm Beach County, designated IND-Industrlal and zoned ~L-Ught Industrial East: Single family residenUal (Lake Eden) designat~! Low Density ResidenUal (4.84 du/ac) and zoned R-1-AAB Single Family ResidenUal West: Right-of-way of 1-95 PRO3ECI' ANALYS~S The parcel, which is the subject of this annexation, land use amendment and rezoning, totals +17.121 acres; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and City Commission public headng, a "large-scale" amendment is transmitted to the Rodda Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the CRy with a report of their findings in an 'ObJecUons, RecommendaUons and Comments (ORC) Report': The Qty then has 60 .days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and Inform DCA of that derision. According to Rorida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cydes each calendar year. This amendment request is a part of the 1~ round of amendments for the 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Rorida Department of Community Affairs (DCA). After transmRtal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. Subsequent to approval of the annexaUon, land use amendment and rezoning, the property will be platted for a conventional subdivision, and subjecting only common areas, recreation areas or slgnage to the site plan review process. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteda by which rezonings are to be reviewed as Indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Hap designation for properties tx) be annexed within this vidnity. [nstead, staff analysis will relate tx) consistency with other relevant portions of the Comprehensive Plan, the dty's annexation program and service capability consistent with Policy 8.10.5 of the [ntergovemmental Coordination Element of the Comprehensive Plan. Page 3 Rle Number: ANEX 03-002, LUAR 03-007 Bermuda Bay Policy 1.16.3 of the Future Land Use Element states: 'The Qb/shall conUnue to enforce and Implement the polides that regulate the use and Intensity, and other characteristics for the development of spedflc areas, as set forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities are hereby incorporat~ by reference into the Goals, ObJectives, and Polides of this Plan. By 2004, the Problems and Opportunities section shall be revised and updated to reflect current conditions in each of the planning areas. Until the revisions are adopted, the recommendations shall be considered as advisory." The relevant portions of the problems and O_oDortunities section are, as follows: '4.1. Unincorporated Parcels in Vidnity of Lake ];da Those parcels on the west side of Lake ];da, north of the LW.D.D. L-30 Canal and the adjacent right-of-way for ];nterstate 95 should be annexed. The existing Industrial parcel along Interstate 95 should be annexed as a nonconforming use in a Low Density ResidenUal land use category and an R-ZAAB zoning district, since this is an Inappropriate location for industrial uses. Those parcels to the north and south of the existing Industrial parcel should also be placed in a Iow-density resldenUal category and developed for single-family detached housing. The small parcel abutting the east side of the Lake Eden subdivision should also be annexed and placed in the same land use and zoning categories as the adjacent Incorporated properties." The requested annexation will reduce the existing endave by approximately one-half, leaving approximately 19.37 acres, induding 7 acres owned by Palm Beach County. Staff will continue to encourage the property owner to annex the remaining portion, consistent with the cited directions from the problems and Opportunities section. ];n connection with previous annexation studies, departments most affected by annexaUons (e.g. Police, Rre, and Public Works), have been surveyed for Issues related to service capability and costs. All opinions previously collected from these departments supported the Incremental annexation of endaves. These opinions have been based on the following: 1) The endaves are all Immediately adjacent to areas within the city that currently receive urban services; 2) Ample service capadb/exists to serve adjacent unincorporated properties; and- 3) Host endaves currently receive service from the city Via the mutual aid agreement (Police and Rre/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic DIvision has reviewed the project and determined that no Traffic Study was warranted due to the dern/nimu$ nature of the land use and zoning changes. While the continued presence of the existing Industrial use on adjacent lands, coupled with the development of the property for residential use could be viewed as intensifying the traffic Impacts on local streets, the Incompatibility of the two uses will encourage the demise of the Industrial use. Additionally, since the proposed development of the property is consistent with recommendations of the Comprehensive Plan, it should be considered as Incremental implementaUon of the plan, which will lead ultimately to the similar conversion of the Industrial use, as well. · Page 4 Rle Number: ANEX 03-002, LUAR 03-007 Bermuda Bay / The Palm Beach County School District has provided a concurrency determination for the project for 17 single-family homes. Since there are no existing potable water demands for the property, and the proposed 17 units are estimated tx) require 522 Gallons per Day (GPD) per unit, the Increased demand is estimated at 8,875 GPD. Ukewise, wastewater discharge will increase by an estimated 235 GPD per unit, or a total of 3,995 GPD. ¢ONCLUSZONS IRECOHFIENDATIONS As Indicated herein, this request is consistent with the Intent of the Comprehensive Plan; will not create additional impacts on Infrastructure that have not been antidpatecl in-the Comprehensive Plan; will be compatible with adjacent land uses and will conb'lbute to the overall economic development of the Qty. Therefore, staff recommends that the subject request be approved. [f the Planning and Development Board or the City Commission recommends conditions, they will be included as an additional attachment (Exhibit A'n'ACHMENTS 500.0 feet BERMUDA BAY EXHIBIT "A" 1 2 ORDINANCE NO. 04- Oo~ O 3 4 AN ORDINANCE OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, REGARDING PROPERTY 6 CONSISTING OF APPROXIMATELY 17.12 ACRES 7 AND MORE PARTICULARLY DESCRIBD HEREIN; 8 AMENDING ORDINANCE 89-38 BY AMENDING 9 THE FUTUR~ LAND USE ELEMENT OF THE 10 COMPREHENSIVE PLAN OF THE CITY FOR THE 11 SUBJECT PROPERTY THE LAND USE 12 DESIGNATION IS BEING CHANGED FROM MR-5 13 RESIDENTIAL (PALM BEACH COUNTY) TO LOW 14 DENSITY RESIDENTIAL; PROVIDING FOR 15 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 16 DATE. 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 20 Use Element by Ordinance No. 89-38 in accordance with the Local Government 21 Comprehensive Planning Act; and 2 2 WHEREAS, the procedur~ for amendment of a Future Land Use Element of a 23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 24 and 25 WHEREAS, after public hearing and study, the City Commission deems it in the 2 6 best interest of the inhabitants of said City to amend the aforesaid Element of the 27 Comprehensive Plan as adopted by the City herein. 2 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 9 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1: The foregoing WHEREAS clauses are true and correct and 31 incorporated herein by this reference. S:\CA\Ordlnances\Plannlng\Land Use\Bernu/da Bay.doc 1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the following described land shall be designated as 4 Low Density Residential (LDR). Said land is more particularly described as follows: 5 A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 6 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE ? PARTICULARLY DESCRIBED AS FOLLOWS: 8 9 BEGINNING AT A POINT WHERE THE EAST RIGHT-OF-WAY OF STATE ROAD 3. 0 9 (I-95) INTERSECTS THE NORTH LINE OF THE SOUTH 3A OF THE SOUTH ~ 3.3. OF SAID SECTION 5, SAID POINT ALSO BEING 387.38 FEET (AS MEASURED 3.2 ALONG SAID EAST RIGHT-OF-WAY LINE) SOUTH OF THE SOUTHWEST Z3 CORNER OF LOT 1, BLOCK 1, "LAKE VIEW HAVEN", AS RECORDED IN PLAT 14 BOOK 32, PAGES 53 AND 54 OF THE PUBLIC RECORDS OF PALM BEACH 15 COUNTY, FLORIDA; THENCE ALONG SAID RIGHT-OF-WAY LINE S18°31'15"W 3.6 (ASSUMED). A DISTANCE OF 950.91 FEET THENCE N 65°52'48"E, A 3.? DISTANCE OF 90.85 FEET TO A POINT OF CURVATURE; THENCE 3. 8 NORTHERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE NORTHWEST 3.9 HAVING A RADIUS OF 106.26 FEET AND A CENTRAL ANGLE OF 53°41'47' A 2 0 DISTANCE OF 99.58 FEET; THENCE S59°34'14"E A DISTANCE OF 99.58 FEET;- 21 THENCE S 59°34'14"E, A DISTANCE OF 93.09 FEET; THENCE N30°25'46"E, A 22 DISTANCE OF 137.40 FEET; THENCE S89°34'14"E, A DISTANCE OF 275.96 23 FEET; THENCE N01°39'45"E, A DISTANCE OF 125.40 FEET; THENCE 24 N37°41 '35"E, A DISTANCE OF 88.34 FEET; THENCE N00°52'00"E, A DISTANCE 25 OF 5.28 FEET TO THE INTERSECTION OF THE WESTERLY LINE OF BLOCK 1, 2 6 "LAKE EDEN SUBDIVISION PLAT NO.2", AS RECORDED IN PLAT BOOK 29, 2? PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 28 N21°14'45"W ALONG SAID WESTERLY LINE OF BLOCK 1, A DISTANCE OF 29 803.98 FEET TO THE MOST WESTERLY CORNER OF LOT 1 OF SAID BLOCK 1 30 OF "LAKE EDEN SUBDIVISION PLAT NO. 2"; THENCE N 18°30'15"E ALONG THE 33. NORTHWESTERLY LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 101.11 3~. FEET TO THE SOUTHEAST CORNER OF PARCEL A, AS SHOWN ON THE 33 PLAT OF "LAKE VIEW HAVEN", AS RECORDED IN PLAT BOOK 32 ON PAGES 34 53 AND 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 35 N71°28'45"W ALONG THE SOUTH LINE OF SAID PARCEL A, A DISTANCE OF 36 199.88 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL A; THENCE 3? N18°31'15"E ALONG THE WEST LINE OF SAID PARCEL A, A DISTANCE OF 38 60.00 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1, OF THE SAID 39 PLAT OF "LAKE VIEW HAVEN"; THENCE N71°28'45"W ALONG THE SOUTH 4O LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 110.00 FEET TO THE 43. SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1 AND THE EASTERLY RIGHT- S:\CA\Ordinances\Plannlng\Land Use\Bermuda Bay.doc -I OF-WAY LINE OF STATE ROAD 9 (I-95); THENCE S18°31'15"W ALONG SAID 2 EASTERLY RIGHT-OF-WAY LINE , A DISTANCE OF 387.38 FEET TO THE :3 POINT OF BEGINNING AFOREDESCRIBED. 5 SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. 6 CONTAINING 745,806 SQUARE FEET/17.121 ACRES MORE OR LESS. ? SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS 8 AND RIGHTS-OF-WAY OF RECORD. 10 Section 3: That any maps adopted in accordance with the Future Land Use Element 3_3_ shall be amended accordingly. :1.2 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 13 repealed. 14 Section 5: Should any section or provision of this Ordinance or any portion thereof 15 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 16 the remainder of this Ordinance. 3_7 Section 6: This Ordinance shall take effect on adoption, subject to the review, 18 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 19 Planning and Land Development Regulation Act. No party shall be vested of any right by 2 0 virtue of the adoption of this Ordinance until all statutory required review is complete and all 21 legal challenges, including appeals, are exhausted. In the event that the effective date is 2 2 established by state law or special act, the provisions of state act shall control. 23 FIRST READING this 7 dayof ADE[I ,2004. I 24 S:\CA\Ordi~ances\Planning\Land Use\Bermuda Bay.doc i SECOND, FINAL READING and PASSAGE this __ day of ,2004. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor 6 7 8 Vice Mayor 9 10 11 Commissioner 12 13 14 Commissioner 15 16 17 Commissioner 18 ATTEST: 19 20 21 City Clerk 22 23 (Corporate Seal) 24 S:\CA\Ord~nances\Plann~ng\L~n~ U~e\B~rmuda Bay.~oc in. = 500.0 feet BE'RMUDA BAY EXHIBIT "A" XII. - LEGAL CITY OF BOYNTON BEA ITEM A.5 AGENDA ITEM REQUEST F._ .... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 20, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. the City Commission unanimously approved this request under Legal, Ordinance-First Reading on April 7, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-260. EXPLANATION: PROJECT: Bermuda Bay (LUAR 03-007) AGENT: Michael J. Covelli, Caulfield & Wheeler, Inc. OWNER: National Land Company, Inc. LOCATION: East of 1-95, north of Lake Ida Road and south of Diane Drive DESCRIPTION: Request to rezone 17.12-acres from GC-General Commerce, AR-Agricultural Residential, RS-Residential (Palm Beach County) to R1-AAB Single Family Residential. Proposed use is for 17 single-family residential lots. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVE~ ~ Deve/~qSment De~partment Director City Manager's Signature Planning and ~onin~l~:-~tor City Attorney / Finance / Human Resources S:~Planning~SHARED\WPXPROJECTS~Bermuda Bay~LUAR 03-007XAgenda Item Request Bermuda Bay 2nd reading Rezone LUAR 03-007 4-20-04.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNt'NG & ZON%NG D~$[ON MEMORANDUM NO. PZ 03-302 TO: Chairman and Members Planning and Development Board and City~~_ssion FROM: Dick Hu~I%JA[CP Senior Planner THROUGH: Michael W. Rumpf'~~- Director of Planning and Zoning DATE: December 2, 2003 PRO3ECT NAME/NUMBER: Bermuda Bay/ANEX 03-002, LUAR 03-007 REQUEST: To annex the property, redassify from MR-5 Residential and [ndustrial (Palm Beach County) to Low Density Residential (4.84 du/ac) and rezone from %L-Industrial, CG-General Commercial and RS-Resldential-(Palm Beach County) to R-1-AAB. PRO3ECT DESCR/P1/ON Property Owner: National Land Company, Inc. Applicant/Agent: Caulfield & Wheeler, Inc./Michael 3. Corelli Location: Adjacent to the east side of 1-95, south of Diane Drive and west of Lake Drive. (Exhibits Parcel Size: +17.12:1 acres (including +8.595 acres of submerged land) Existing Land Use: MR-$ Residential and Industrial (Palm Beach County) Existing Zoning: CG-Commerdal, [L-]ndustrlal and RS-P, esidentlal (Palm Beach County) Proposed Land Use: Low Density P, esidentlal (4.84 du/ac) Proposed Zoning: P,-1AAB-Single Family Residential Proposed Use: 17 single family residential lots Page 2 Rle Number: ANEX 03-002, LUAR 03-007 Bermuda Bay Adjacent Uses: North: Northwest, single family homes (Lake View Haven) designated Low Density Residential (4.84 du/ac) and zoned R-1-AAB Single Family Residential; northeast, right-of-way of Diane Drive. South: Industrial building (formerly B E Aerospace) remaining in unincorporated Palm Beach County, designated IND-Industrlal and zoned IL-Ught Industrial East: Single family residential (Lake Eden) designated Low Density ResidenUal (4.84 du/ac) and zoned R-Z-ARB Single Family ResidenUal West: Right-of-way of 1-95 pRO,1ECT ANALYSLq The parcel, which is the subject of this annexation, land use amendment and rezoning, totals +17.121 acres; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Rodda Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an =ObJections, Recommendations and Comments (ORC) Report~. The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and Inform DCA of that derision. According to Rodda Statutes Chapter 163, large-scale amendments may only be adopted during two amendment o/des each calendar year. This amendment request is a port of the 1~ round of amendments for the 2004 calendar year. This proposed amendment Is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). After transmrctal and DCA review, the proposed amendment will be scheduled for adoption in May of 2004. Subsequent to approval of the annexation, land use amendment and rezoning, the properly will be platt~ for a conventional subdivision, and subjecting only common areas, recreation areas or signage to the site plan review process. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petiUon against the eight (8) criteda by which rezonings are to be reviewed as Indicated in Section 9.C.7., as this petrdon is consistent with the dty's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vidnity. Instead, staff analysis will relate to consi~ with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability consistent with Policy 8.10.5 of the Intergovernmental Coordination Element of the Comprehensive Plan. 3 File Number: ANEX 03-002, LUAR Bermuda Bay Policy 1.16.3 of the Future Land Use Element states: '"rhe City shall continue to enforce and Implement the polides that regulate the use and Intensity, and other characteristics for the development of spedflc areas, as set forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities are hereby Incorporated by reference into the Goals, Objectives, and Polides of this Plan. By 2004, the Problems and Opportunities section shall be revised and updated to reflect current conditions in each of the planning areas. Until the revisions are adopted, the recommendations shall be considered as advisory." The relevant portions of the Problems a.nd. Opportunities section are, as follows: '4.1. Unincorporated Parcels in Vidnity of Lake [da Those parcels on the west side of Lake [da, north of the L.W.D.D. L-30 ,Canal and the adjacent right-of-way for Interstate 95 should be annexed. The existing Industrial parcel along Interstate 95 should be annexed as a nonconforming use in a Low Der,~ity ResidenUal land use catagory and an R-1AAB zoning district, since this is an Inappropriate IocaUon for Industrial uses. Those parcels to the north and south of the existing Industrial parcel should also be placed in a Iow-density residenUal category and developed for single-family detached housing. The small parcel abutting the east side of the Lake Eden subdMsion should also be annexed and placed in the same land use and zoning categories as the adjacent Incorporated properties." The requested annexation will reduce the existing endave by approximat~ly one-half, leaving approximately 19.37 acres, including 7 acres owned by Palm Beach County. Staff will continue to encourage the property owner to annex the remaining portion, consistent with the ~ directions from the Problems and O_ooortunitles section. In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Rre, and Public Works), have been surveyed for Issues related to service capability and costs. NI opinions previously collected from these departments supported the Incremental annexaUon of endaves. These opinions have been based on the following: 1) The endaves am all Immediately adjacent to areas within the city that currently receive urban services; 2) Ample service capadty exists to serve adjacent unincorporated properties; and. 3) Host endaves currently receive service from the dry via the mutual aid agreement (Police and Rre/EHS only). With respect to Impact upon roadways, the Palm Beach County Traffic DMsion has reviewed the project and d~ined that no Traffic Study was warranted due to the dem/nimu$ nature of the land use and zoning changes. While the continued presence of the existing Industrial use on adjacent lands, coupled with the development of the property for residential use could be viewed as intensifying the traffic Impacts on local streets, the Incompatibility of the two uses will encourage the demise of the industrial use. Additionally, since the proposed development of the property is conslstent with recommendations of the Comprehensive Plan, it should be considered as Incremental Implementation of the plan, which will lead ultimately to the similar conversion of the Industrial use, as well. Page 4 File Number: ANEX 03-002, LUAR 03-007 Bermuda Bay rf The Palm Beach County School District has provided a concurrency determinaUon for the project for :[7 single-family homes. Since them are no existing potable water demands for the property, and the proposed :[7 units are esUmated to require 522 Gallons per Day (GPD) per unit, the Increased demand is esUmated at 8,875 GPD. Ukewlse, wastewat~r discharge will increase by an estimated 235 GPD per unit, or a total of 3,995 GPD. CONCLUSZONS IRECOMMENDAITONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastnJctum that have not been antidpated in .the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included as an addiUonal attachment (Exhibit ~C"). ATTACHMENTS S:~\WPWRO~ eay~U~R 03-O07LSTA~F P~ORT #EW~loc 500.0 feet BERMUDA BAY EXHIBIT "A" 1 ORDINANCE NO. 04- O,,~ I 2 AN ORDINANCE OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, 4 REGARDING THE APPLICATION OF 5 NATIONAL LAND COMPANY, INC., 6 AMENDING ORDINANCE 02-013 OF SAID 7 CITY BY REZONING A PARCEL OF LAND $ MORE PARTICULARLY DESCRIBED 9 HEREIN, FROM GC-GENERAL 10 COMMERCE, AR-AGRICULTURAL 11 RESIDENTIAL, RS-RESIDENTIAL (PAI.M 12 BEACH COUNTY) TO R1-AAB SINGLE 13 FAMILY RESIDENTIAL; PROVIDING FOR 14 CONFLICTS, SEVERABILITY AND AN 15 EFFECTIVE DATE. 1_6 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 1_8 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said 3_9 City; and 2 0 WHEREAS, National Land Company, Inc., owner of the property more 23_ particularly described hereinafter, and known as Bermuda Bay, has heretofore filed a 22 Petition, through his agent, Michael J. Covelli, Caulfield & Wheeler, Inc., pursuant 23 to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton 24 Beach, Florida, for the purpose of rezoning a tract of land consisting of 25 approximately 17.12 acres, said land being more particularly described hereinafter, 26 from GC-General Commerce, AR-Agricultural Residential, RS-Residential (Palm 27 Beach County) to R-1-AAB (Single Family Residential); and 28 WHEREAS, the City Commission .conducted a public hearing and heard 2 9 testimony and received evidence which the Commission finds supports a rezoning for 3 0 the property hereinafter described; and S:\CA\Ordinances\Planning~RezoningLRezoning - Bermuda Bay.doc 1 WItEREAS, the City Commission finds that the proposed rezoning is 2 consistent with an amendment to the Land Use which was contemporaneously 3 considered and approved at the public hearing heretofore referenced; and 4 WItEREAS, the City Commission deems it in the best interests of the 5 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 6 set forth. ? NOW, THEREFORE, BE IT ORDAINED BY THE CITY 8 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section 1. The foregoing Whereas clauses are true and correct and 10 incorporated herein by this reference. 13. Section 2. The following described land, located in the City of Boynton Beach, 12 Florida as set forth as follows: 13 3_4 A PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 3_5 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID PARCEL BEING MORE :].6 PARTICULARLY DESCRIBED AS FOLLOWS: -l? 18 BEGINNING AT A POINT WHERE THE EAST RIGHT-OF-WAY OF STATE 3.9 ROAD 9 (I-95) INTERSECTS THE NORTH LINE OF THE SOUTH 3A OF THE 20 SOUTH Y2 OF SAID SECTION 5, SAID POINT ALSO BEING 387.38 FEET (AS 21 MEASURED ALONG SAID EAST RIGHT-OF-WAY LINE) SOUTH OF THE 22 SOUTHWEST CORNER OF LOT 1, BLOCK 1, "LAKE VIEW HAVEN", AS 23 RECORDED IN PLAT BOOK 32, PAGES 53 AND 54 OF THE PUBLIC 24 RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID 25 RIGHT-OF-WAY LINE S18°31'15"W (ASSUMED). A DISTANCE OF 950.91 26 FEET THENCE N 65°52"48"E, A DISTANCE OF 90.85 FEET TO A POINT OF 27 CURVATURE; THENCE NORTHERLY ALONG THE ARC OF A CURVE, 28 CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 106.26 FEET AND 29 A CENTRAL ANGLE OF 53°41'47'' A DISTANCE OF 99.58 FEET; THENCE 30 S59°34'14"E A DISTANCE OF 99.58 FEET; THENCE S 59°34'14'E, A 31 DISTANCE OF 93.09 FEET; THENCE N30°25'46"E, A DISTANCE OF 137.40 32 FEET; THENCE S89°34'14"E, A DISTANCE OF 275.96 FEET; THENCE 33 N01°39'45"E, A DISTANCE OF 125.40 FEET; THENCE N37°41'35"E, A 34 DISTANCE OF 88.34 FEET; THENCE N00°52'00"E, A DISTANCE OF 5.28 S:\CA\Ordinances~Plan~gW. ezoningkRezoning - Bermuda Bay.doc 1 FEET TO THE INTERSECTION OF THE WESTERLY LINE OF BLOCK 1, :2 "LAKE EDEN SUBDIVISION PLAT NO.2", AS RECORDED IN PLAT BOOK 29, 3 PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 4 THENCE N21°14'45"W ALONG SAID WESTERLY LINE OF BLOCK 1, A 5 DISTANCE OF 803.98 FEET TO THE MOST WESTERLY CORNER OF LOT 1 6 OF SAID BLOCK I OF "LAKE EDEN SUBDIVISION PLAT NO. 2"; THENCE ? N18°30'15"E ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, BLOCK 8 1, A DISTANCE OF 101.11 FEET TO THE SOUTHEAST CORNER OF PARCEL 9 A, AS SHOWN ON THE PLAT OF "LAKE VIEW HAVEN", AS RECORDED IN 10 PLAT BOOK 32 ON PAGES 53 AND 54, PUBLIC RECORDS OF PALM BEACH ~L'I COUNTY, FLORIDA; THENCE N71°28'45"W ALONG THE SOUTH LINE OF 12. SAID PARCEL A, A DISTANCE OF 199.88 FEET TO THE SOUTHWEST 13 CORNER OF SAID PARCEL A; THENCE N18°31'15"E ALONG THE WEST :1,~ LINE OF SAID PARCEL A, A DISTANCE OF 60.00 FEET TO THE 15 SOUTHEAST CORNER OF LOT 1, BLOCK 1, OF THE SAID PLAT OF "LAKE 16 VIEW HAVEN"; THENCE N71°28'45"W ALONG THE SOUTH LINE OF SAID 17 LOT 1, BLOCK 1, A DISTANCE OF 110.00 FEET TO THE SOUTHWEST 18 CORNER OF SAID LOT 1, BLOCK 1 AND THE EASTERLY RIGHT-OF-WAY 19 LINE OF STATE ROAD 9 (I-95); THENCE S18°31'15"W ALONG SAID 20 EASTERLY RIGHT-OF-WAY LINE , A DISTANCE OF 387.38 FEET TO THE 21 POINT OF BEGINNING AFOREDESCRIBED. 22 23 SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. 24 CONTAINING 745,806 SQUARE FEET/17.121 ACRES MORE OR LESS. :25 SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS 2 6 AND RIGHTS-OF-WAY OF RECORD. :22.? :28 29 and the same is hereby rezoned from dC-General Commerce, AR-Agricultural 30 RS-Residential (Palm Beach County) to R1-AAB Single Family Residential. 31 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 32 33 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 34 accordingly. 35 Section 4: All ordinances or parts of ordinances in conflict herewith are 36 hereby repealed. 37 Section 6: Should any section or provision of this Ordinance or any portion S:\CA\Ordinances~PlanningLRezoningkRezoning - Bermuda Bay.doc ff 1 be declared by a court of competent jurisdiction to be invalid, such decision shall 2 affect the remainder of this Ordinance. 3 Section 7. This ordinance shall become effective immediately upon passage. 4 FIRST READING this "/ day of ~ ~}~' ;~ ,2004. 5 SECOND, FINAL READING and PASSAGE this __ day of ,2004. 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 21.2 Vice Mayor 13 15 Commissioner 16 17 3. $ Commissioner 19 20 21 Commissioner 2 2 ATTEST: 23 24 2 5 City Clerk 26 2 7 (Corporate Seal) S:\CA\Orrlinnnces'~:)lanning~RezoningkRezoning - Bermuda Bay.doc In. = 500.0 feet BF-HMUDA BAY EXHIBIT "A" XII,-LEGAL CITY OF BOYNTON BEAt XTEM A.6 AGENDA ITEM REQUEST F Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 20, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission tmanimously approved this request under Legal, Ordinance- First Reading on April 7, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-303. EXPLANATION: PROJECT: Anderson PUD (LUAR 03-006) AGENT: Julian Bryan & Associates, Inc. OWNER: D.R. Horton Homes LOCATION: West side of Lawrence Road approximately 1,500 feet south of Hypoluxo Road DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map to reclassify 18.32-acres from Agriculture (A) to Low Density Residential (4.84 du/ac). Proposed use is for 88 single-family detached residences. PROGRAM IMPACT: FISCAL IMPACT: and~oning~i~ector City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTSLSmderson PUD~LUAR 03-006~Agenda Item Request Anderson PUD 2nd reading amend LUAR 03-006 4-20-04.dot S :~BULLETINWORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTHENT PLANNXNG & ZONXNG DXV'zSZON MEMORANDUM NO. PZ 03-303 TO: Chairman and Members Plannin~el0pment Board and City Commission FROM: Dick Huc~rf,~AtCP Senior Pl~lnner THROUGH: Michael W. Rumpf~~vx~ Director of Planning and Zoning DATE: December 2, 2003 PRO3ECT NAME/NUMBER: Anderson PUD (LUAR 03-006) REQUEST: To amend the future land use designation from Agriculture (A) to Low Density Residential (I. DR) and rezone from Agriculture (AG) to Planned Unit Development (PUD) pRO3ECT DESCRJ:p1ZON Property Owner: H. Loy Anderson Applicant/Agent: D. IL Horton Homes/3ullan Bryan & Assodat~s, Znc. l~ocaUon: West side of Lawrence Road approximately 1,500 feet south of Hypoluxo Road (Exhibit 'A~) Parcel Size: ±18.32 acres Existing Land Use: Agriculture (A) Existing Zoning: Agriculture (AG) Proposed Land Use: Low Density ResidenUal (LDR) at 4.84 dwelling units per acre (du/ac) Proposed Zoning: Planned Unit Development (PUD) Proposed Use: 88 single family detached homes AdJacent Uses: North: Property located in unincorporated Palm Beach County designat~cl HR5 Residential (5 alu/ac) and zoned PUD (Palmyra), currenUy being developed by the applicant. Page 2 Rle Number: LUAR 03-006 Anderson PUD South: Developed property (Manor Forest) in unincorporated Palm Beach County designated MR-5 (5 du/ac) and zoned RS single family residenUal. East: Right-of-way of Lawrence Road, then developed property (NauUca Sound) within the City of Boynton Beach designated Low Density Residential (LDR-5 alu/ac) and zoned PUD-Planned Unit Development. West: Developed property (Homes at Lawrence) in unincorporated Palm Beach County designated MR-5 (5 du/ac) and zoned RS single family residential. PRO.Il!CT ANALYSIS The parcel, which is the subject of this land use amendment, is 18,32 acres in size; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. Following local board review and Ob/ Commission public headng, a 'large-scale' amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximate~ 60 days, DCA-provides the Ob/ with a report of their findings in an '~)bJeclions, Recommendations and Comments (ORC) Report'. The City then has 60 days to either (1) adopt the amendment as trar~-mitted, (2) adopt the amendment with changes in response to the ORC report, or (3) det~rmine not to adopt the amendment and Inform DCA of that decision. According to Florida Statub~ Chapter 163, large-scale amendments may only be adopted during two amendment o/des each calendar year. This amendment request is a part of the 1~ round of amendments for lite 2004 calendar year. This proposed amendment is being reviewed for transmittal to the Florida Depari~ent of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in Hay of 2004. The criteria used to review Comprehendve Plan amendments and rezonings are listed in the Land Developer Regulations, 'Chapter 2, Section 9, ,4dmln/stration and EnForcement~ Item C. Com~ P/an Amendment;: Rezon/~ These criteria are .required to be pert of a siaff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. In this Instance, however, the requested land use is conslsient with an annexation agreement between .the Oty. of Bo.vntrm I~ach ~nd ~ ~n.m_~..~y e.,e.~er, H. ~}, Anderson and referenced in the annexation ordinance (0094-32) dated October 18, 1994 and quoted as follows: "... a ceftin CEy zoning c/e~gnation and Land Use category IS be/rig ado~ pro,c/ed howe,, the Ob/has determined that it is in the best/n~ ol~ the pub#~ that upon receipt of written notice from the ~ owner, the Ob/~f# immediaa~fy procea~ ~o proces~ a/and use plan amendment for/ow dens~fy resfdential and a rezon/ng to RZAAB · a//as con~mplated/n Section 1Z~.062(2) Rorida 5'ta~.'"(ExhroR'"B") Page 3 Rle Number: LUAR 03-006 Anderson PUD Prior to annexation in the Qb/, the land use. designation for this property was MR-5. The Palm Beach County land use category has a maximum density of 5 du/ac for land developed as a Planned Unit Development (PUD) and 4 du/ac for regular subdivision development and the zoning was AR-SE Agricultural residenUal with a spedal excepUon for citrus. ;It would be assumed that the future demands on dry services were considered at the time the annexation agreement was approved by the Qty. The Palm Beach County Traffic Division has reviewed the traffic study for the plan amendment and "has determined that the proposed change in land use meets the traffic-related criteria established in the Palm Beach County Land Development Code." Staff has not received notice of School Concurrency from the Palm Beach County School District. The applicant is requesting a rezoning to PUD Planned Unit Development with a densit~ of 4.80 du/acl rather than the R-1-AAB Single-Family' Residential stated in the annexaUon agreement. The maximum density allowed by the R-1-AAB zoning is 4.84 alu/ac; however, the setback requirements for thls district do not consider a zero lot line residenUal development pattem, which would be possible with PUD zoning. Zero lot line development on this site is consistent With the development pattern found in the Nautica Sound PUD to the east and the Palmyra PUD to the north. For this reason, staff considers the request for PUD zoning to be reasonable. · Because of the time required for the large-scale amendment process, compared to the time required for site plan approval, the applicant has submitted only a 'bubble diagram" (Exhibit ~ as a master plan. This master plan is suffident only as a show of inl~nded development and for transmittal of the application to DCA. Simultaneous to approval of the requested land use amendment and rezoning to PUD~ the applicant will be required obtain slta plan approval, as required by the Land Development Regulations, and which will also be reviewed for fulfillment of the master plan requirements of the PUD. CON{~:LUSZONS/RECOM MENDAlZON$ As indicat~d herein, this request is consistent with an agreement between the CRy and the property,owner as stated in Ordinance 094-32 by which the property was annexed Into the City. In additionf approval of the request will not create addlUonal Impacts on InfraslnJc~re that have not been antidpated in the Comprehensive Plan; will be compaUble with adjacent land uses and will contribt~ to the overall 'economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends con(rfdons, they will be attached as Exhibrc ATTACHMENTS 1 In. = 765.6 feet NIC ANDERSON PUD EXHIBIT "A" · EXHIBIT "B": .. :- ~ght:.~gles. t6 the'~st :i~ne'the=e6f; of: . . .~s 9.~9:16, No,east 1/l..of Sec~i~ · ' ' ' 'i~ " "~ .- . ~ . :'9 ~ ( ag..~ .. 7~ -**~o~$~ ~o · ' '...'~l.,e. '~eo~' o~ ~ ~...Co~, -. ' ' ~ 'F~dal' .~c.ept ~: and. all legal- ' ~.'" ~gBt~Of-~y;' E~s~en~s. or ReVelations .... · "~.,,, __~o-~. -. '' ' ..... .. I :'Cont~ing 19;77 a~res ~re 'or .~eSs.' · · -.. -.. ".. - adjacent S~-h of .~r~er~. . ._. . · . ~ ' ~e -g,me-,force "~d~ e~Eect', as '.thoagh- ~he s~ '~a ~e~' ' -- . f' :" 0~gin;l!~: i~co~ted in ~he ~erritorial'.~~ies .the~. .?- ' ' ' ' · .- '--' ...... ' 'l .. ~ . "' :.~'.. ~t Secti~ 6 ~d 6{al. of" ~e ~er of the. <; Cit~ ~f'B~t6~ Beach, Flori~, is he~:.mnded-t6-~eflec~ ~ " - - 'the"-~~i~ of: said' 'tract .of ~!end ~re 'P~rtic~y . . ., ' described in'-~o~ion'l. ~f. ~is. Or~n~6~;_. ' " h~r ' ; '" .... ' ~"-' ' ~ ..... ~'~ .... ' : ' ' · ' .~', '" '~2i ' , .~ ~ ;__ ~ ' -~-' -, *.~ ~ · '" · . . ,.-...: .. . . . .... ."..- 'f . -'T~; ..-'~ - . - -. -... . . . . · · ' ~. .~h9' Ci~. ~.ii t~ ,~tat~lv .~oce~:. [o ~mc~ss' a..l~a. ~ ----~ 2' ~ '~ ~- '-e q- ~ ' ~ '.-' ~ .4 - - - ' ' ""'. .n~wsPaper' of '.~en&ral circulation' in the Ci~. 0f B°yn.tm Seach,' " "~ :. '.~.16ri~' .a~.. :~.recl:l~.~ the City Charter .and.. SectiOn 'i7t.044, ':' : ;:' ["the'-. date a ;'find-1 'or. der.., is issued'"by the Department" Of' .: ' . . .:. . · ... . ': .Comprehensive Pi~ to' be'-in cO~..itan, ce in accord.~ce' with Chapter 163'.-3~8¢,, F.S.,; or the date a' finatl order' is is~hed' -- : : .--" bY 'the. '. AdminiStration Commission-f.~.~ding ~'he .correspondi.ng .." 't9 .be in c~. li_-nce in iccordance with :-~ha..D~er. . . .. . . . . .:.' '~ i" 1~3,~8-4,. F. S ;' notice.of cc~pl£a~.e .becomes a final order ' ' : .: '.. · . - . . - .'. · J' 21' ..daY~ :-following the. issuance' .of ~he :~o~ice' of COmpliance ~! " during the. 2'i?day period.' no Petitions' a~e'.:filed cha. f]l'e~g~ng'. !" '- . the ~0rres .Dondin. g. jP-lm% '-amendment'.' 0n~ 'iss~/ed, the'-No~i=e. &f " ! : ' -tnt'.e~t shall be .~tt&ch.ed hereto as-~x~i~it...A..}and-made a Da~t -I ' Specific authority ~s hereby given tO Cedi. fy' ~i~w - -. .. . .- ' .. ~-~ :fi:led with the Clerk:.Of'6he. Ci~Cu/~' '.Couf~ .of. : : . .. .' .. --- '. :. r 1:~'.' -. . EXHIBIT"C" '~' . :I.~ ii~' 1 2 ORDINANCE NO. 3 4 AN ORDINANCE OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, REGARDING PROPERTY 6 CONSISTING OF APPROXIMATELY 18.32 ACRES 7 AND MORE PARTICULARLY DESCRIBED HEREIN; 8 AMENDING ORDINANCE 89-38 BY AMENDING 9 THE FUTURE LAND USE ELEMENT OF THE 1 0 COMPREHENSIVE PLAN OF THE CITY FOR THE 11 SUBJECT PROPERTY THE LAND USE 12 DESIGNATION IS BEING CHANGED FROM 13 AGRICULTURE (A) TO LOW DENSITY 14 RESDENTIAL; PROVIDING FOR CONFLICTS, 15 SEVERABIL1TY, AND AN EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 19 Use Element by Ordinance No. 89-38 in accordance with the Local Government 2 0 Comprehensive Planning Act; and 21 WHEREAS, the procedure for amendment of a Future Land Use Element of a 22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 23 and 2 4 WHEREAS, after public heating and study, the City Commission deems it in the 2 5 best interest of the inhabitants of said City to amend the aforesaid Element of the 2 6 Comprehensive Plan as adopted by the City herein. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1: The foregoing WHEREAS clauses are true and correct and 3 0 incorporated herein by this reference. 31 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the S:\CA\Ordinances\Plannlng\Land Use\Anderson PUD.doc 1 following: 2 That the Future Land Use of the following described land shall be designated as 3 Low Density Residential (LDR). Said land is more particularly described as follows: 4 The East 643.18 feet, as measured at right angles to 5 the East Line thereof, of Tracts 9 and 16, Northeast 6 One-Quarter (NE ~A) of Section 12, as shown on the ? AMENDED PLAT OF SECTION 12, TOWHSHIP 45 8 SOUTH, RANGE 42 EAST, MARY A. LYMAN ET AL, 9 as recorded in Plat Book 9, at page 74, in and for the 10 Public Records of Palm Beach County, Florida: 3_?. Said lands contain 18.3194 Acres, or 797,995 square 13 feet more or less. 15 Section 3: That any maps adopted in accordance with the Future Land Use Element 16 shall be amended accordingly. 17 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 113 repealed. 19 Section 5: Should any section or provision of this Ordinance or any portion thereof 2 0 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 21 the remainder of this Ordinance. 22 Section 6: This Ordinance shall take effect on adoption, subject to the review, 23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 24 Planning and Land Development Regulation Act. No party shall be vested of any fight by 25 virtue of the adoption of this Ordinance until all statutory required review is complete and all 26 legal challenges, including appeals, are exhausted. In the event that the effective date is 27 established by state law or special act, the provisions of state act shall control. 28 FIRST READING this --jr dayof it~rtlf~' [ ,2004. I 29 S: \CA\Ordinates\Planning\Land Use\Anderson PUD.doc 3_ SECOND, FINAL READING and PASSAGE this __ day of ., 2004. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor 6 ? 8 Vice Mayor 10 l 1 Commissioner 12 13 3.4 Commissioner 15 16 17 Commissioner 18 ATTEST: 3.9 2O 23. City Clerk 22 23 (Corporate Seal) 24 S:\CA\Ordlnances\Planning\Land Use\Anderson PDD.doc X11. - LEGAL CITY OF BOYNTON BEAC ITEI I A.7 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 20, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission unanimously approved this request under Legal, Ordinance- First Reading on April 7, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-303. EXPLANATION: PROJECT: Anderson PUD (LUAR 03-006) AGENT: Julian Bryan & Associates, Inc. OWNER: D.R. Horton Homes LOCATION: West side of Lawrence Road approximately 1,500 feet south of HYPoluxo Road DESCRIPTION: Request to rezone 18.32-acres from AG-Agriculture to PUD-Planned Unit Development. Proposed use is for 88 single-family detached residences. PROGRAM IMPACT: FISCAL IMPACT: Develo~fi~e~ D~ar~nent Director City Manager's Signature Planning'and Zon~g Director City Attorney / Finance / Human Resources S:XPIanning~SHARED\WP~PROJECTS~amderson PUDXLUAR 03-006~Agenda Item Request Anderson PUD 2nd reading rezone LUAR 03-006 4-20-04.dot S:~BULLETINWORMS~a~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANFLTNG & ZONXNG D]L'V~ZON MEMORANDUM NO. PZ 03-303 TO: Chairman and Hembers Plannlng~D~evel0pment Board and City Commission FROH: Dick HucJ~rf;A[CP Senior Planner THROUGH: Hichael W. Rumpf~' x- Director of Planning and Zoning DATE: December 2, 2003 ' PRO.1ECT HAME/NUMBER: Anderson PUD (LUAR 03-4306) REQUEST: To amend the future land use designation from Agriculture (A) to Low Density ResidenUal (LDR) and rezone from Agriculture (AG) to Planned Unit Development (PUD) PROJECT DESCR.I:PTJ:ON Property Owner: H. Loy Anderson Applicant/Agent: D. I~ Horton Homes/3ullan Bryan & Assodates, Inc. -[ocaUon: West side of Lawrence Road approximately 1,500 feet south of Hypoluxo Road (Exhibit Parcel Size: +18.32 acres Existing Land Use: Agriculture (A) Existing Zoning: Agriculture (AG) Proposed Land Use: Low Density Residential (I.DR) at 4.84 dwelling units per acre (du/ac) Proposed Zoning: Planned Unit Development (PUD) Proposed Use: 88 single family detached homes AdJacent Uses: North: Property Iocat~ in unincorporat~cl Palm Beach County designated NR5 Residential (5 du/ac) and zoned PUD (Palmyra), currently being developed by the applicant. Page 2 Rle Number: LUAR 03-006 Anderson PUD South: Developed property (Hanor Forest) in unincorporat~d Palm Beach County designated MR-5 (5 du/ac) and zoned RS single family residential. East: Right-of-way of Lawrenc~ Road, then developed property (Nautica Sound) within the City of Boynton Beach deslgnat~l Low Density Residential (LDR-5 du/ac) and zoned PUD-Planned Unit Development. West: Developed property (Homes at Lawrence) in unincorporated Palm Beach County designated MR-$ (5 du/ac) and zoned I~$ single family residential. PRO3ECT ANALYSZS The parcel, which is the subject of this land use amendment, is 18,32 acres in size; therefore, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.$. Following local board review and City Cornmission public hearing, a ~iarge-scale" amendment Is transmitt~ to the Rorida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA-provides the Qty with a report of their findings in an '~)bJections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes In response to the ORC report, or (3) determine not to adopt the amendment and Inform DCA of that derision. ~ing to Rodda Statutes Chapter :[63, large-scale amendments may only be adopted during two amendment cydes each calendar year. This amendment request is a part of the :[~ round of amendments for the 2004 calendar year. 'this proposed amendment is being reviewed for transmit~al to the Fioricla Department of Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be scheduled for adoption in Hay of 2004. ~ criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, 'Chapter 2, Section 9, Administraffon and Enforcement; [t~n C. (7om~ Plan/lmendment~: Rezonlng~ These cflterla are .required to be part of a s~aff analysis when the proposed change Indudes an amendment to the Comprehensive Plan Futura Land Use Hap. ]n this Instance, however, the requested land use is consistent with an annexation agreement between the city. of .Boyrfmn Reach ~nd_ ~ p.m_~..~y, o.~.nsr, H. ~%' Anderson and referenced In the annexation ordinance (0094-32) dated October 18, :t994 and quo _t~l as follows: ". o. a certain ~7ty zoning dedgnation and Land Use category is being adoa~d, pro~lded however~ the CTty has de,whined that it is In ~e best inf~,~=,st of the pub/lc~ that upon receipt of written notice from the property owner, b~e Qty will/mmedlatel)/proceed to process a/and use plan amendment for/ow density r~fdenffal and a rezonlng to RZA/18 .ali as conbsrnplab~d in Secffon ~IX~l. OE2(2) Rorida 5aetutes. '(Exhibit Page 3 Rle Number: LUAR 03-4)06 Anderson PUD Pdor t~ annexation in the Oty, ~ land use designation for this property was MR-5. The Palm Beach County land use category has a maximum density of S du/ac for land developed as a Planned Unit Development (PUD) and 4 du/ac for regular subdivision development and the zoning w~s AR-SE Agricultural residential with a spedal exception for citrus. It would be assumed that the future demands on dty services were considered at the time the annexation agreement was approved by the Qty. The Palm Beach County Traffic Division has reviewed I~ traffic study for the plan amendment and ~has determined that the proposed change In land use meets the traffic-related criteria established in the Palm Beach County Land Development Code.' Staff has not received notice of School Concurrency from the Palm Beach County School District. The applicant Is requesting a rezoning to PUD Planned Unit Development with a density of 4.80 du/ac; rather than the R-1-AAB Single-Family' Residential stated in the annexation agreement. The maximum density allowed by the R-1-AAB zoning is 4.84 du/ac; however, the selback requirements for this district do not consider a zero lot line residential development pattern, which would be possible with PUD zoning. Zero lot line development on this site is consistent with the development pattern found in the Nautica Sound PUD to the east and the Palmyra PUD to the north. For this reason, st~ff considers the request for PUD zoning to be reasonable. · Because of the time required for the large-scale amendment process, compared to the time required for site plan approval, the applicant has submitted only a 'bubble diagram" (Exhibit "C") as a master plan. This master plan is suffident only as a show of Intended development and for transmittal of the application to DCA. Simultaneous to approval of the request~ land use amendment and rezoning to PUD, the applicant will be required obtain site plan approval, as required by the Land Development Regulations, and which will also be reviewed for fulfillment of the master plan requirements of the PUD. CO~CI.US[ONS I RECOMMENDA1TONS As Indicated herein, this request is co~ with an agreement between the Qb/and the property .owner as stated in Ordinance 094-32 by which the property was annexed into the Ob/. ~ addition, approval of the request will not create additional Impacts on infi3stnx~re' that have not bccn anfldpat~d in the Comprehensive Plan; will be ~ompatible with adjacent land uses and will contribute to the overall *economic development of the Ob/. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends cond'~lons, they will be attached as Exhibrc'D". ATTACHHENTS · 1 in. = 765.6 feet N~ ANDERSON PUD EXHIBIT "a" · ' ;~ ~ ~ -EXHIBIT "B" ,,.. .- . om x . - . '0~4 ... : · : o~~.S ~'. .' .. - ~: o~~ o~. ~. C~ 'e~s~Os o~ .. -.. ~ ': cx~ . o~" porN. n~s,.: '~n~,' '. '" .- - (.~am.~S~- o~.-.~~s ~. ~~.~ '"' '.- '... -. ..... "~~~ ' ';x,3Oo. "~S~ .-. ~" cz-.. · .. --. .'~~~~ ~ o~.'.~ ~T -:~ .~.-~~ ~ .~ ~,. ~. i : ' · ~~ ' ~s~~ .-~ '~~~ ,-. .-' .:. .. ~-'. ~'oz ~ '~ o~ ~. ~9g,' · .'--~' '.~, ~ '~~. ~7x.04~, "' "" ~~gt2.I;..' - ~ ~n~ " ' ''~-" ~:..~ ~z~~- o~~s8 .~. ~. . _ ~~ ..~ ~, -~D~ '~R "'~ .9- ~e the ~~$:.ot a~d~ts '~or ~te~ ~ice. ~th ~G" : -: . .;. .... . " : ~.~t~ ~g~-sU~ D~~ies: are el~le. ~r '% .'~ ' '~, the '~t~ 6t ~ton 'Beac~ he~ ~erci~es .. ' -op4io~ bo.'~ th~':'foll~nO t~Ct OE-~l~'d.'.as he~in~.ter. : · ' ,: ~~,. ~ ad~~e ~ .~i-~e' .~, "Seq~m v '~2) o~-~e" ". ': C~arte~ o~ .~e City. ~d 'Se~ion '~71.0~4,. '~d 171..062(2) ,' ' ~am~' said tract, of l~d lying ~d b~g ~bhin Pa~ '-- ~ c~ [~ c~i~us. ~8 the '~s~-in~ C~by'.!~s 'o~ 1' ~ .of ~td~' ~,..n6ri~ ~ .wiil~ '~on' its ... '.a~.d bel. n'g in' the Coun'~ty'of~P~.l.~,:Bea~,h,. ~lorida, t~ ~t:' ~ ~ --~e.;~s~ 6~3.~8 feet, a~' meas~ed"'a~. -- " -. " ~- ~i~ht '.~gles. ~0 the '~st :ifne 'the=e0f~ of: ., . ..~a~s 9.~d ~16-, No,east 1/A-of Secti~-' ' · . · '.%a, ~ ~,~D': ~S So,th,'~ 'Smn~$: ~2 .'~ast ~-. -.-' .- " ... ' BoOk ,...a~..Dage 7&.-ac~ordin~ t'o 'the' . · : .. ".'~lic. a~o~s" o~ ma~ ~aeh...co~, -. . ' - 'Ft~da~' '~c.ePt any:and, all legal- ' '~'' .~ightsc~f-~y;' ~'s~ent. s or He~e'~aSions .. . ~ ., .. .~.' o~ ~,=ord. '. -. -. - ., . -$.:, · . . .. -. .. /' ... ... "ad]a=%~t' S~.h of .Pr~erty.. . %. ~. -.......~c~ - .,. . . .. ... . -. ' - . . 00-42-'4~-1~-02.009__00Z0. - '.- . ~.~.. . . . -~ ' ~e .~e.',force "~d': effect', as '-~o~g~"-' ~h~ s~ had -be~ .-'i : - ' ' ' f ' ' ' - -. · -~" ci~ "' - - - : '" the. '.~~i~ of: said-'trac~ .of %1~d ~re 'P~iculariy .. . : ~ - . . . ~_.....n.=~~';-~. .. . . . . ~..-....... . ..- ..~. :' . .~.] ~.'_.' ...',-.~.~.. . ~ .-~ . .- ..- .- . . ' ..... . ' . -~=&~,--~..'i,- L=I ..... .!=% ~_. ...... :--.' -' · ' , ' '..- " ' . . . ; . . ~ . ~_~ ~ ~~,,,~,~,~.~,- ..'.. ---;.. · , . . ~ ' % ~ ~- . .,.. ... · i-: - -'r~; .--'-. ...... :' -... . ..... . .....-.... . " :. '. . ~ ] ' : · .. . ~ ' . :~,. " · , ' ".. .. : '_- · .. - . .. -: .. · . - . '.- ' ... .'.. ' . . .~ ' · , ~ . : ~ ' . ' . :' ' ~ ~r'e~" '' '. .. 'i.~..e effective ~affe o~" this ~nance s'.ha/:l .be " . --::': "the" date a ' fin. a.~. 'okde~... is iSsue..d', by the Depar~men.'t :' Of- " '- C0mmun'iey Affairs' .'findi. ng' the. C.0e=e~pon~/ng' ..amendment'' to the': '}' .C. omp'.rehensi~e to' be'-in c0~..iian, ce 'in accordance' wi.th · Chapter 16~'.-3['8~-, F.S., ~ or the date a' final: order' is issued'-- '-. : ..- 'by 'the-.A~mi~.'~tr~t~on Commission' f-~.~L~ng ~he .co~resmondi~g - .. 3 ' - :. .:.' '::" 1~3.318-4.,.' F.'$;' The not[ce.of complia~0e .becomes a final order ' '~ ' 2i ..days .foliow/ng' the. ;i.."uance'.o'f the :notfice' off cOapl, ieJ/ce iff -. I -' duri. ng fihe' 2'~ay period.' no p~titio~s' a~e'-:filed cha-~:l'.e~in~'. ._ ' i ..... '~he cor~es~<~ndin~:'Pta~ '-o_men~n~nt'.' On0~ 'issued, the'.Notic:e. ~f ! : ' -~nt'.e~t shall be .~ttach.e~ hereto a~-~bit...A.:.a~d .made a Dart · _' . . .~_-_~^=-' -~ru~nan:w~: ._ ~ .. .. L .. .. .:'- .:. : - ..- -J " ':f[:led' ~eh the cl~rk".Of f~he. Ci~:~ '-Cou~ .of Pa:l~ B'~&'ch '" ... ~oun~:. ~-~~, - --.. -. .. .- ~-~-~ . ' :1~:~'. -- .. :._ ..~ .. - -. . cI~' O~ ~ot'~' . i.. -: .. -- ..... .. .t~.r~i~" ' ' 3. ORDINANCE NO. 04- Oc~ ~ 2 AN ORDINANCE OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, 4 REGARDING THE APPLICATION OF 5 D.R.HORTON HOMES, AMENDING 6 ORDINANCE 02-013 OF SAID CITY BY 7 REZON]NG A PARCEL OF LAND 8 CONSISTING OF A APPROXIMATELY 9 18.32 ACRES AND MORE PARTICULARLY 10 DESCRIBED HEREIN, FROM AG- 11 AGRICULTURE TO PUD-PLANNED UNIT t2 DEVELOPMENT; PROVIDING FOR 13 CONFLICTS, SEVERABILITY AND AN 14 EFFECTIVE DATE. 3_5 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 17 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said 18 City; and 19 WHEREAS, D.R. Horton Homes, owner of the property more particularly 2 0 described hereinafter, and known as Anderson PUD (LUAR 03-006), has heretofore 21 filed a Petition, through his agent, Julian Bryan & Associates, Inc., pursuant to 2 2 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, 2 3 Florida, for the purpose of rezoning a tract of land consisting of approximately 18.32 2 4 acres, said land being more particularly described hereinafter, from AG-Agriculture 2 5 to PUD-Planned Unit Development; and 26 WHEREAS, the City Commission conducted a public heating and heard 2 7 testimony and received evidence which the Commission finds supports a rezoning for 2 8 the property hereinafter described; and 29 WHEREAS, the City Commission finds that the proposed rezoning is S:\CA\OrdinancesXPlanningLRezoning~Rezoning - Anderson PUD.doc 1 consistent with an amendment to the Land Use which was contemporaneously 2 considered and approved at the public hearing heretofore referenced; and 3 WHEREAS, the City Commission deems it in the best interests of the 4 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 5 set forth. 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 7 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: $ Section 1. The foregoing Whereas clauses are true and correct and 9 incorporated herein by this reference. 10 Section 2. The following described land, located in the City of Boynton Beach, 11 Florida as set forth as follows: 12 13 The East 643.18 feet, as measured at right angles to the East Line 14 thereof, of Tracts 9 and 16, Northeast One-Quarter (NE ~A) of ~.5 Section 12, as shown on the AMENDED PLAT OF SECTION 12, 16 TOWHSHIP 45 SOUTH, RANGE 42 EAST, MARY A. LYMAN 17 ET AL, as recorded in Plat Book 9, at page 74, in and for the 18 Public Records of Palm Beach County, Florida: :1_9 2 0 Said lands contain 18.3194 Acres, or 797,995 square feet more or 21 less. 22 23 24 and the same is hereby rezoned from AG-Agriculture to PUD-Planned Unit 2 5 A location map is attached hereto as Exhibit "A" and made a part of this 2 6 Ordinance by reference. 27 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 2 8 accordingly. 29 Section 4: All ordinances or parts of ordinances in conflict herewith are S:\CA\OrdinancesLPlanning~RezoningqRezoning - Anderson PUD.doc 1 hereby repealed. 2 Section 6: Should any section or provision of this Ordinance or any portion 3 be declared by a court of competent jurisdiction to be invalid, such decision shall 4 affect the remainder of this Ordinance. 5 Section 7. This ordinance shall become effective immediately upon passage. 6 FIRST READING this 7 day of ~ t) f ~ ~ ,2004. 7 SECOND, FINAL READING and PASSAGE this __ day of ,2004. 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 ATTEST: 25 26 27 City Clerk 28 29 (Corporate Seal) S:\CA\Ordinances~Planning~Rezoning~Rezoning - Anderson PUD.doc 1 in. = 765.6 feet = NIC ANDERSON PUD EXHIBIT "A" XII. - LEGAL CITY OF BOYNTON ITEM A.8 AGENDA ITEM REQUEST., Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 20, 2004 City Conanission Agenda under Legal, Ordinance - Second Reading. The City Commission unanimously approved this request under Legal, Ordinance-First Reading on April 7, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-291. EXPLANATION: PROJECT: Urban Central Business District (CPTA 04-001) Text Amendments to Comprehensive Plan AGENT: City-Initiated DESCRIPTION: Request to amend the Comprehensive Plan to add one (1) objective and three (3) policies to the Furore Land Use Element of the Comprehensive Plan, to add development thresholds applicable to the Urban Central District. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES:,~..~ ~gna Develdffment Depfirtment Director ture l~lanni~g an~ Zon~ ]~irector City Attorney / Finance / Human Resources S APlanning~SHARED\WP~SPECPROJXCPTA\Urban CBD 04-001La, genda Item Request Urban Central Bus. Dist. CPTA 04-0012nd reading 04-20-04.dot S:~BULLETIIxBFORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTIqENT PLANNZNG & ZON~'NG DIV]:S]:ON MEMORANDUM NO. PZ 03-291 TO: Chairman and Members Planning and Development Board Commu~ni~ ~.~velopment Agency Board FROH: Dick H~uj~,-...v senior Planner y- THROUGH: Hichael W. Rumpf~[t~''~ Director of Planning and Zoning DATE: December :[, 2003 SUB3ECT: Urban Central Business District (CPTA 04-00:[) Comprehensive Plan Text Amendment ZNTRODUCrZON [t has become very evident that a single mixed-use project in the downtown could easily cross the intensity and density thresholds to be dasslfied as a Development of Regional Impact (DR[). While there are certain advantages of a project developing as a DR[, often the amount of time required for final approval at all levels overshadows those advantages. Both Chapter 380 of the Rodda Statutes (FS) and Rule 28-24 of the Rodda Administrative Code (FAC) make provisions for increasing those DR[ thresholds, under certain specific drcumstances. One such increase is reserved for a recognized Urban Central Business District wherein, for certain single use projects the thresholds increase by 50% and for multi-use projects with residential components the thresholds increase by :[00%. .- pROCEDURE The procedure for designation of an Urban CBD is outlined in subsecldon 28-24.0:[4(:[0)(a), FAC: ~ order to exPedite the use of these guidelines and standards, a local government may submit to the Department of Community Affairs, a proposed ordinance spedfically delineating the boundaries of an urban central business dislzict or a regional a~vity center encompassing the development, consistent with the criteria of this rule. ~r~hin thirb/(30) days of receipt of the proposed ordinance, the Department of Community Affairs shall de~ermine whether or not the proposed ordinance is consis~ent with the cr~erla of this rule. If the proposed ordinance is determined by the Department of Community Affairs to be consistent wrth the criteria of this rule, then the guidelines and standards for development~ within the designated urban central business dJsbtct or regional activity center shall take'. eff~ upon adoption of the ordinance by the local government The local government shall Page 2 File Number: CPTA 04-001 Urban CBD subsequently adopt the ordinance designation by an amendment to the local government ' comprehensive plan at the next opportunity for amendment." PROCEDURE On September 16, 2003 the City Commission passed, on first reading, a proposed ordinance establishing an Urban Central Business District (UCBD) for the downtown of the City of Boynton Beach. Pursuant to the requirements of Rule 28-24.014(10)(a), FAC, the proposed ordinance was reviewed by the Rodda Department of Community Affairs (DCA) for sufficiency prior to final adoption by the City Commission. [n addition, the Rule requires the City to 'subsequently adopt the UCBD ordinance by an amendment to the Comprehensive Plan at the next opportunity for amendment." The proposed amendment will add one objective and three polides to the existing Future Land Use Element and include a location map w'~h the text. All text amendments to the Comprehensive Plan are considered "Large-Scale" and therefore are Iimitod to adoption in only two cycles annually. This proposed amendment is a part of the first amendment cyde for the 2004 calendar year. Following approval by the Qty Commission, the amendment will be transmitted to DCA for review. Final adoption by the City is tentatively scheduled for Hay 2004. PROPOSED TEXT (vAth proposed cl~nges shown in underlined Oblective ~.,23 As a Dart: of Urban Znfill and redevelopment st~atxmles, hkJher ,densities and Intensities will be encouraaed in the Urban Core. ,Pprsuant to Rule 28-24.014¢11, F. A. C., the Urban Central Business District, as deuictecl on the Future Land Use Man, Is hereby established to Increase the development of reaional imnact ~auidelines and standards. These Increased thresholds shall' au=lv only to those develonments am)roved after the effective date of the imDlementin_a_ ordinance (Ordinance 03-039_1. Policy. 1.23.1 . For residential, hotel,, office or retail, developments, the apolicable guidelines and standards shall i~ by .50 percer~t. policy .1.23.2 The applicable multi-use guidelines and .standards shall tncrease, by 100%, provided that one land use of the multi-use development is residential, and that residential development amounts to not less than .35 percent of the dty's applicable residential threshold. Polio/1.23.3 If any Do--on of a D _roDosed develo0ment is located outside the delineated Urbart Central El~siness District, the irlcreased quidelines and standards of l~ule 28-24.014(10), F. A. C., shall not aDDIv. Page 3 Rle Number: CPTA 04-001 Urban CBD JFtECOMNENDATZON The proposed ~ amendments to the' Comprehensive Plan designating the downtown as an Urban Central Business District for the purpose of increasing DR[ thresholds, are consistent with the requirements of Rule 28-24.014(10), FAC; will enable projects of a scale that will make a positive impact on. the central business district, and will further implement redevelopment recommendations of the adopted Federa/H~h~vay Corridor Community Redevelopment plan. Therefore, staff recommends approval of the amendments. AI-I'ACHMENTS 1 : ORDINANCE NO. 04- ~, q 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, AMENDING THE FUTURE LAND 7 USE E1.EMENT OF THE COMPREHENSIVE PLAN TO 8 ADD ONE OBJECTIVE AND THREE POLICIES TO 9 ADD DEVELOPMENT THRESHOLDS APPLICABLE 10 TO THE URBAN CENTRAL BUSINESS DISTRICT; 11 PROVIDING FOR CONFLICTS, SEVERABILITY, AND 12 AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida ("City") 16 has adopted a comprehensive plan, pursuant to Ordinance 89-38 in accordance with the 17 Local Government Comprehensive Planning Act; and 18 WHEREAS, after public hearing and study, the City Commission deems it to tx: 19 in the best interest of the inhabitants of the City to amend the text of the City's 20 Comprehensive Plan by the creation of Objective 1.23, designating the downtown as an 21 Urban Central Business District for the purpose of increasing the DRI thresholds in the 22 Future Land Use Element and Future Land Use Map; and 23 WHEREAS, it is the recommendation of staff that the proposed text amendments 24 to the Comprehensive Plan designating the downtown as an Urban Central Business 25 District for the purpose of increasing DRI thresholds are consistent with the requirements 26 of Rule 28-24.014(a), FAC and will enable projects of a scale that will make a positive 27 impact on the central business district, and will further implement development 28 recommendations of the adopted Federal Highway Corridor Community Redevelopment 29 Plan. 30 S:\CA\Ordinances\OPTA 04-001 Urban Central Bosiness District.doc 1 2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 3 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section 1. That Objective 1.23 of the City of Boynton Beach Comprehensive 5 Plan is hereby created, as follows: 6 7 Objective 1.23 As a part of Urban Infill and redevelopment strategies, higher densities 8 and intensities will be encouraged in the Urban Core. Pursuant to , 9 Section 380.06(2)(e), Florida Statutes and Rule 28-24.014(1), F. A. C., 10 the Urban Central Business District, as depicted on the Future Land 11 Use Map Rule 28-24.014(1), F. A. C., the Urban Central Business 12 District, as depicted on the Future IJand Use Map, is hereby established 13 tO increase the development of regional impact guidelines and 14 standards. These increased thresholds shall apply only to those 15 developments approved after the effective date of the implementing 16 ordinance (Ordinance 03-039). 17 18 Policy 1.23.1 For residential, hotel, office or retail developments, the applicable 19 guidelines and standards shall increase by 50 percent. 20 21 Policy 1.23.2 The applicable multi-use guidelines and standards shall increase by 22 100%, provided that one land use of the multi-use development is 23 residential, and that residential development amounts to not less than 24 35 percent of the city's applicable residential threshold. 25 26 Policy 1.23.3 If any portion of a proposed development is located outside the 27 delineated Urban Central Business District, the increased guidelines 28 and standards of Rule 28-24.014(10), F. A. C., shall not apply. 29 30 31 Section 2. All laws and ordinances applying to the City of Boynton Beach in 32 conflict with any provisions of this ordinance are hereby repealed. 33 Section 3. Should any section or provision of this Ordinance or any portion 34 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 35 not affect the remainder of this Ordinance. 36 Section 4. This Ordinance shall become effective immediately. 37 S:\CA\Ordinances\CPTA 04-001 Urban Central Business District.doc 1 2 mST READING this f dayof /~t3f';[ ,2004. ! 3 4 SECOND, FINAL READING AND PASSAGE this __ day of 5 6 ., 2004. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 ATrEST: 25 26 27 City Clerk 28 29 30 31 S:\CA\Ordinances\CPTA 04-001 Urban Central Business District.doc XII. - LEGAL CITY OF BOYNTON BEA( rrEH A.9 AGENDA ITEM REQUEST FL _ _ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consem Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the April 20, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission unanimously approved this request under Legal, Ordinance-First Reading on April 7, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-260. EXPLANATION: PROJECT: Mixed Use Core Addition Land Use Amendment (LUAR 03-008) AGENT: City of Boynton Beach LOCATION: Area bounded by NE 4th Avenue on the north, NE 2~ Avenue on the south, the Intracoastal Waterway on the east and the parcel fronting North Federal Highway on the west. DESCRIPTION: Request to reclassify multiple properties totaling +15.036 acres from Mixed Use (MX) to Mixed Use-Core (MX-C), retaining the existing Conservation Overlay. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVE~/~ ~ Deve~l'opment'Department Director ture l~lannifig ~md Zonin~i)[rector City Attorney / Finance / Human Resources S:XPIanning~SHARED\WP~PROJECTShMIXED USE CORE ADDITIONAAgenda Item Request Mixed'Use Core Addition Land Use Amend LUAR 03-008 2nd reading 4-20-04.dot S:\BULLET1N~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-260 TO: Chairman and Members, Community Redevelopment Agency Board FROM: Hanna Matras, Economic Planner THROUGH: Michael W. Rnmpf Director of Plannlng and Zoning DATE: November 19, 2003 PROJECT DESCRI~ION Project: Mixed Use Core Addition Land Use Amendment (LUAR 03-008) Agent: City of Boynton Beach Location: Area bounded by NE 4~ Avenue on the north, NE 2nd Avenue on the south, the Intracoastal Waterway on the east and the parcel fronting North Federal Highway on the west. File No: Land Use Amendment (LUAR 03-008) Property Description: Six parcels totaling :1:15.036 acres shown on the accompanying location map (see Exhibit A), classified Mixed Use (MX). Most of the property is subject to requirements of the Conservation Overlay, which extends east from the city's retention pond (the Mangrove Park at the Marina) through the Mangrove Nature Park to the lntracoastal Waterway. Proposed change/use: To reclassify the subject properties described above from Mixed Use (MX) to Mixed Use-Core (MX-C), retaining the existing Conservation Overlay. Adjacent Land Uses and Zoning: North: Right-of-way of NE 4t~ Avenue, then developed property (St. Mark's Church and Campus) designated Mixed Use (MX) and zoned Central Business District (CBD). The eastern part of the'property, is subject to the Conservation Overlay. South: . Right-of-way 'for the proposed Boynton Beach Promenade, further south vacant properties designated Mixed Uso-Core (MX-C) and zoned, from east to west, Mixed Use.High Intensity (MU-H) and then Central Business District (CBD). East: The Intracoastal Waterway West: Developed property (the Boynton Beach Plaza commercial center) desi~oted Mixed Use- Core (MX-C) and zoned Central Business District (CBD). Page 2 Mixed Use Core Addition Land Use Amendment File Number: LUAR 03-008 BACKGROUND In January 2001, the City adopted text amendments to the Comprehensive Plan to enable the preparation of redevelopment plans as recommended by the Bo_lmton Beach 20/20 Redevelopment Master Plan. The City Commission adopted the first of those redevelopment plans, the Federal Highway Corridor Communit~ Redevelopment Plan, on May 15, 2001. Thc implementation process of this plan was initiated by the City Commission approval, in June 2002, of the addition of two Mixed Use zoning districts, Mixed Use.High and Mixed Use-Low, to Part IH of the City's Code of Ordinances. This amendment made the Mixed Use.High and Mixed Use.Low zoning districts available per request to developers who want to take advantage of benefits offered by the new regulations. The Mixed Use.High district, which allows residential densities up to 80 units per acre, necessitated the addition of a new land use category, the Mixed Use-Core (MX-C), to accommodate the higher density. Thc objective was to strengthen the incentives for redevelopment and infill development in the downtown area by creating a possibility for a higher "critical mass" in terms of use synergies. In June 2003, the City Commission approved a Comprehensive Plan text amendment creating the said MX-C land use designation. The concurrently approved land uso amendment reclassified the area of Federal Highway Corridor segment bounded by NE 4th Avenue, East Ocean Avenue, Federal Highway and the Intracoastal Waterway from "Mixed Use" to '%fixed Use.Core". The Conservation Overlay area (mangroves) and the city-owned property lying between NE 2nd Street and NE 4th Street {Mangrove Park at the Marina) were excluded from the amendment. In a separate land use amendment, The Arches development was approved under the MX-C designation. To allow for the more intensive development within the MX-C district, the Floor Area Ratio (FAR) ceiling has been set at 4.0 (exclusive of parking structures) for all uses, with the residential density up to 80 units per acre, as compared to the FAR of 1.5 to 2.0 (depending on location) and the residential density of 40 units per acre in the Mixed Use (MX) category. However, the Comprehensive Plan makes different provisions for residential densities in the Mixed Use-Core areas located east and west of Federal Highway. Developments in both areas may reach densities up to $0 units per acre, but the overall density in the Mixed Use.Core area east of Federal Highway must not exceed 40 units per acre~ since .it is within the Hurricane Evacuation Zone (Coastal High Hazard Area (.CHHA)). The Comprehensive Plan language explicitly limits the overall density within the CHI-IA to 40 units per acre. However, in its review of the Mixed Use.Core amendment, the Department of Community Affairs(DCA) expressed an ongoing concern about the increased density within the ~ Afl[er digcussioBs with ~ DCA commllnioated reqlliroments regarding the addition of ce~ain properties to the Mixed Use.Core land use category. This amendment is proposed in response to the DCA requirements. It will add six (6) properties to that area under the Mixed Use.Core land use designation. Due to the requirements of the Conservation Overlay, potential development of subject properties is severely curtailed. Page 3 M/xed Use Core Addition Lmqd Use Amendment File Number: LUAR 03-008 Consequently, even though individual lots within the entire MX-C-designated area can develop with the density of 80 units per acre, given the restrictions within the Conservation Overlay, and the density of the approved and proposed projects, the development of the MX-C area lying in the Coastal High Hazard Area will maintain the overall density of 40 units per acre as required by the Comprehensive Plan. The proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S.. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with chan~es in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the 1~ round of' amendments for the 2004 calendar year. This proposed amendment is'being reviewed for ~ansmittal to the Florida Department of Comm~mity Affairs (DCA). ARer transmi~ and DCA review, tho proposed amendment will be scheduled for adoption in May of 2004. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is in response to the requirement put forth by DCA~ Therefore, staff recommends that the subject request be approved. ATrACHMMNTS EXHIBIT LOCATION MAP MX vith Conservatio~ Overlay . ' THB MIXBD USE-CORB ARBA ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING SIX PARCELS 5 TOTALING APPROXIMATELY + 15.036 ACRES, 6 AND MORE PARTICULARLY DESCBRIBED 7 HEREIN; AMENDING ORDINANCE 89-38 BY 8 AMENDING THE FUTURE LAND USE ELEMENT 9 OF THE COMPREHENSIVE PLAN OF THE CITY 10 FOR THE PROPERTY; THE LAND USE 11 DESIGNATION IS BEING CHANGED FROM MIXED 12 USE (MX) TO MIXED USE-CORE (MX-C), 13 RETAINING THE EXISTING CONSERVATION 14 OVERLAY; PROVIDING FOR CONFLICTS, 15 SEVERABILITY, AND AN EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 19 Use Element by Ordinance No. 89-38 in accordance with the Local Government 2 0 Comprehensive Planning Act; and 21 WHEREAS, the procedure for amendment of a Future Land Use Element of a 22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 23 and 24 WHEREAS, after public hearing and study, the City Commission deems it in the 2 5 best interest of the inhabitants of said City to amend the aforesaid Element of the 2 6 Comprehensive Plan as adopted by the City herein. 2 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1: The foregoing WHEREAS clauses are true and correct and 3 0 incorporated herein by this reference. 31 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the C: \Documents and Settings\lmnannar.CI~'Y\Loeal Settlr~Js\Temporary Internet Files\OLK120\Mix~d Use Core -03-008 Land Use. doc i following: 2 That the Future Land Use of the following described land shall be designated as 3 Mixed Use-Core (MX-C), retaining the existing Conservation Overlay. Said land is 4 more particularly described as follows: 5 That portion of land situated in Range 43 East, Township 45 South, Section 22, in the 6 City of Boynton Beach, more particularly described as follows: Lots 21,22, 23, East 7 8 feet of North 98 feet of lot 24, lot 26 less South 45 feet thereof, lots 27, 28 and 29 8 of the DEWEY SUBDIVISION as recorded in Plat Book 1, Page 37 of the Public 9 Records, Palm Beach County, Florida. 10 11 12 Section 3: That any maps adopted in accordance with the Future Land Use Element 13 shall be amended accordingly. :1.4 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 15 repealed. 16 Section 5: Should any section or provision of this Ordinance or any portion thereof 17 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 18 the remainder of this Ordinance. 19 Section 6: This Ordinance shall take effect on adoption, subject to the review, 2 0 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 21 Planning and Land Development Regulation Act. No party shall be vested of any right by 2 2 virtue of the adoption of this Ordinance until all statutory required review is complete and all 2 3 legal challenges, including appeals, are exhausted. In the e~ent that the effective date is 2 4 established by state law or special act, the provisions of state act shall control. 25 FIRST READING this 7 dayof //~, ,2004. 26 S:\CA\Ordlnances\Plannlng\Land Use\Mixed Use Core -03-008 Land Use.doc 1 SECOND, FINAL READING and PASSAGE this __ day of ,2004. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor 6 ? 8 Vice Mayor 9 10 11 Commissioner 12 13 14 Commissioner 15 16 17 Commissioner 18 ATTEST: 19 20 21 City Clerk 22 23 (Corporate Seal) 24 S:\CA\Ordlnances\Pla~n£ng\hand Use\M~xed Use Core -03-008 Land Use.doc XII. - LEGAL CITY OF BOYNTON ITEM A. IO 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 Cid Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May4, 2004 April 19, 2004 (Noon) [] July6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place on the April 20, 2004 City Commission Agenda under Legal, Ordinance Second Reading, Ordinance 04- __ amending Section 13-7 "Application and Reapplication Fees" providing for additional inspection fees if additional inspections warranted by the applicants proposed use of property related to the new Hazardous Materials/Toxic Substances Permit process. EXPLANATION: In conjunction with changes staff is recommending to Part II Chapters 9 and Chapter 13, and LDR Chapter 2, additional inspections formerly required by the Environmental Review process will now be determined through individual occupational license application. This will provide a more efficient, less staff intensive inspection process, reducing the city's overhead costs and fee cost to businesses, along with the benefits of expedited review for businesses to secure occupational licenses while still retaining necessary oversight. PROGRAM IMPACT: Expedited inspection and review time along with reduced fees, for businesses utilizing hazardous materials/toxic substances. FISCAL IMPACT: Reduced employee overhead expense due to less mandatory departments participating in the Environmental Review process. The city will collect a $25 per hour per discipline inspection fee, with a maximum charge of $250. ALTERNATIVES: Since the Environmental Review Application and Permit fees would no longer be applicable with the recommended code changes, the fiscal impact of not collecting additional inspection fees for disciplines required to review business sites, would be absorbed tl3r. ough the general fund. Staff strongly ~usinesses requiring the inspection service be char e~5~/'din-gly. Quintus C;reenefei~eelor 4fD~e~o~m~nXt I- '(~ity Manager~' Signature Development Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMSL~GENDA GEM REQUEST FORM.DOC ORDINANCE NO. O 04- O ~{t:> AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13, "LICENSES," ARTICLE I, "OCCUPATIONAL LICENSES" OF THE CODE OF ORDINANCES TO AMEND SECTION 13-7, "APPLICATION AND REAPPLICATION FEES," PROVIDING FOR ADDITIONAL INSPECTION FEES IF ADDITIONAL INSPECTIONS WARRANTED BY THE APPLICANT'S PROPOSED USE OF PROPERTY; AMENDING SECTION 13-25, "BUSINESSES THAT HANDLE HAZARDOUS MATERIALS OR WASTE" OF THE CODE OF ORDINANCES, PROVIDING FOR DEFINITIONS AND PERMITTING; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is in the process of reviewing and revising Chapter 9 of its Code of Ordinances pertaining to the inspection of land uses associated with. toxic and hazardous substances; and WHEREAS, the City is also reviewing and revising its Land Development Regulations regarding the environmental review and inspection of land uses situated within the corporate boundaries of the City of Boynton Beach; and WHEREAS, in conjunction with the revisions proposed to Chapter 9 of the Code of Ordinances and to the Land Development Regulations, it is necessary to revise Section 13-7 of the Code of Ordinances to provide for inspection fees when disciplines and expertise outside of occupational licensing is required to review a proposed use, and to provide for the annual inspections of businesses engaged in the use, handling, generation, storage, or display of hazardous materials, hazardous waste, or toxic substances; and Page 1 WHEREAS, Section 13-25 of the Code of Ordinances also requires amendment to require an annual Hazardous Material Disclosure Toxic Substance Permit, rather than successful completion of the process of environmental review, for all businesses that use, handle, store, generate, or display hazardous materials, hazardous waste, or toxic substances; and WHEREAS, in order to cover the costs of necessary annual inspections and administrative review of businesses and occupations required to secure a Hazardous Material Disclosure Toxic Substance Permit, city staff recommends that an annual inspection fee of $25.00 be charged to such businesses or occupations, this fee having been found to presently cover the cost of such inspections and administration of toxic substance permit program; and WHEREAS, at its meeting of March 23, 2004, the City of Boynton Beach Planning and Development Board approved the abolition of the Environmental Review Committee and the process thereunder in favor of a City staff-level review of the various disciplines and approved the concepts provided for in this Ordinance; and WHEREAS, the City Commission of the City of Boynton Beach, Florida upon recommendation of staff and the Planning and Development Board, has determined that it is in the best interests of the citizens and residents of the City to amend the Code to remove the Environmental Review Committee from the development approval process without compromising the necessity or the requirement of City staff review. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 13, "Licenses," Section 13-7, "Application and reapplication fees," of the Code of Ordinances of thc City of Boynton Beach is hereby amended to state as Page 2 follows: Sec. 13-7. Application and reapplication fees. (a) Prior to the issuance of an occupational license a person shall file an application with the city. The application shall be on a form prescribed by the city and shall be filed together with such other documentation as hereinafter set or as required by state law. The form shall require disclosure of the Federal Identification Number or Social Security number of the person to be licensed. (b) Each new application for an occupational license shall be accompanied by an application filing fee in the amount of forty dollars ($40.00), which shall cover the occupational license inspections and review to be undertaken by the city zoning and. license manager. Should additional inspections for environmental, fire, or otherwise, be necessary due to the proposed use, the applicant shall pay for such inspections at a rate of twenty-five dollars per hour ($25.00/hour) per discipline, not exceeding a total of two hundred dollars ($200.00). In the event an application is denied due to failed inspections, the application may, upon payment of a reinspection fee of ten dollars ($10.00) per reinspection, be reconsidered. Section 2. That Chapter 13, "Licenses," Section 13-25, "Businesses that handle hazardous materials or waste," of the Code of Ordinances of the City of Boynton Beach is hereby amended to state as follows: Sec. 13-25. Businesses that handle hazardous materials or waste. All businesses which would be located within the city shall state, as part of the occupational license application, whether the business would use, handle, store, generates or display hazardous materials~ ov-gem6m~ hazardous waste, or a toxic substance, as the same are defined by 40 Code of Federal Regulations, Part 261,; or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, in which case ~ 13us~ness s~! require a City Env/rc, r~enta! Re'Aew Fire Department Hazardous Material Disclosure Form shall be required in accordance with Part II, Section 9-71 of this code. Section 3. Should any section or' provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Page 3 Section 4. Authority is hereby granted to codify said ordinance. Section 5. This ordinance shall become effective immediately upon Passage. FIRST READING this '7 day of ~ ,2004. SECOND, FINAL READING AND PASSAGE this day of , 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner (CORPORATE SEAL) s:ca'~rdinan~e~ERC O~d - Clmp~ 13.doc H:\1990~30182.bbV~td\ERC Oral - Cl~apter 13.doc Rev. 03-29-04 Page 4 XII. - LEGAL CITY OF BOYNTON B} ITEM A.11 AGENDA ITEM REQUES5 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 Date~ in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place on the April 6, 2004 City Commission Agenda under Legal, Ordinance Second Reading, Ordinance 04- __ amending Section 13-25, "BUSINESSES THAT HANDLE HAZARDOUS MATERIALS OR WASTE", Chapter 1, GENERAL PROVISIONS, Article VII "APPEALS Section 1 .D of the Land Development Regulations, removing the Environmental Review Permits from the City Commission appeal process; Amending Chapter 2, ZONING, Sections 4.N, 5,6,7 and 8 of the Land Development Regulations, providing for Fire Department Hazardous Material Disclosure Toxic Substance Permits in accordance with Part II, Section 9-71 of its code with respect to various uses within each zoning district; deleting Section 11.1.I, and deleting Section 11.3, removing the use of the Environmental Review Committee from the Environmental Review Permit approval process.. EXPLANATION: The Department of Development, in coordination with the Fire Department Fire and Life Safety Division, have determined that the function, purpose and enforcement of the Environmental Review Committee are best served through a staff review process, rather than a review-by-committee process. In addition, the recommended changes to Chapter 9, Chapter 13 and the Land Development Regulations will clarify and simplify the process by which businesses must comply with the Hazardous Material Disclosure and Toxic Substance requirements of the Fire and Life Safety Division. PROGRAM IMPACT: Improved permitting, oversight and management of businesses utilizing or storing hazardous materials and toxic substance within the City through the office of the City's Fire Marshall. Streamlined review process and reduced application costs for businesses existing and wishing to establish in the City. FISCAL IMPACT: Current environmental review permit fees consist of a one-time $250 application fee and a $250 permit fee. An annual $25 Hazardous Waste/Toxic Substance Permit fee charged to all applicable businesses will offset the current average annual revenue of approximately $15,000. Quintus Gre~,D~r'ectbr of Dev~pment ~ i2i-t~hnager's ~ignature William L.~gham, Director of Fire Services City Attorney } Finance / Human Resources S:kBULLETIN~ORMS~AOENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 04-Ooq'7 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS," ARTICLE VII, "APPEALS," SECTION 1.D OF THE LAND DEVELOPMENT REGULATIONS, REMOVING ENVIRONMENTAL REVIEW PERMITS FROM THE CITY COMMISSION APPEAL PROCESS; AMENDING CHAPTER 2, "ZONING," SECTIONS 4.N, 5, 6, 7, AND 8 OF THE LAND DEVELOPMENT REGULATIONS, PROVIDING FOR FIRE DEPARTMENT HAZARDOUS MATERIAL DISCLOSURE TOXIC SUBSTANCE PERMITS IN ACCORDANCE WITH PART II, SECTION 9-71 OF THIS CODE WITH RESPECT TO VARIOUS USES WITHIN EACH ZONING DISTRICT; DELETING SECTION ll.l.I; DELETING SECTION 11.3, REMOVING THE USE OF THE ENVIRONMENTAL REVIEW COMMITTEE FROM THE ENVIRONMENTAL REVIEW PERMIT APPROVAL PROCESS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Environmental Review Committee ("Committee") is a committee created by ordinance and composed of various staff members for the purpose of coordinating, in a committee environment, technical advice and expertise to assure compliance with the City of Boynton Beach Code of Ordinances and Land Development Regulations; and WHEREAS, it has been determined that the function and purpose of this Committee are best served through a staff review process, rather than a review-by-committee process; and WHEREAS, to implement the staff review, additional procedural direction and clarification to the environmental review process is required; and WHEREAS, amending the City's Land Development Regulations in this manner will serve to clarify and simplify the environmental review process, reducing the impact and cost on Page 1 of 16 the business community while at the same time assuring that environmental concerns are addressed in an efficient and thorough manner through the Hazardous Material/Toxic Substance Disclosure process; and WHEREAS, at its meeting of March 23, 2004, the City of Boynton Beach Planning and Development Board approved the abolition of the Environmental Review Committee in favor of a City staff-level review of the various disciplines and approved the concepts provided for in this Ordinance; and WHEREAS, the City Commission of the City of Boynton Beach, Florida upon recommendation of staff and the Planning and Development Board, has determined that it is in the best interests of the citizens and residents of the City to amend the Code to remove the Environmental Review Committee from the development approval process without compromising the necessity or the requirement of City staff review. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 1, "General Provisions," Article VII, "Appeals," Section 1, "Appeals from decisions of an administrative official," subsection D, "Assignment of Appeals," of the Land Development Regulations of the City of Boynton Beach is hereby amended to state as follows: Sec. 1. Appeals from decisions of an administrative official. D. ASSIGNMENT OF APPEALS. The City of Boynton Beach has several boards/commissions which deal with a variety of appeals, variance, exemptions, exceptions, etc., as follows: Page 2 of 16 1. The building board of adjustment and appeals will hear and decide appeals of administrative decisions or determinations made in the enforcement and administration of LDR Chapter 20, Building, Housing and Construction Regulations and the various building codes and ordinances adopted by the City. See LDR Chapter 20, Article VI/, Section 2D for detailed information. 2. The City Commission will hear and decide appeals of administrative decisions or determinations in the enforcement or administration of .... excavation, dredging and/or fill permits; major/minor site plan or master plan modifications and height exceptions. 3. The concurrency review board will hear and decide appeals of administrative decisions denying a certification of concurrency and/or conditional certification of concurrency. Section 2. That Chapter 2, "Zoning," Section 4.N, "Performance Standards" of the Land Development Regulations of the City of Boynton Beach is hereby amended to state as follows: Sec. 4. General provisions. N. PERFORMANCE STANDARDS. 11. Hazardous materials: and hazardous waste, and toxic substances. a. Prior to the issuance or renewal of an occupational license in the city, the operator of any use that uses, handles, stores~ o~ displays, or generates hazardous materials~ ~ *~'~* ...... ,~n hazardous waste~ or a toxic substance, as the same are defined in 40 Code of Federal Regulations, Part 261; or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, and requires a permit for same from a state or federal agency, or requires periodic reporting to a state or federal agency, shall be required to file ape .-"- ~ ................................................... ,. re Department Hazardous Material Disclosure Form in accordance with Part lI, Section 9-71 of this code. Page 3 of 16 d. Those using, storing, displaying, or generating ~/ser-s-of hazardous materials~ ~d g~m~atovs--of hazardous waste, or toxic substances shall develop hazardous materials response plans prior to the operation of such uses, which shall require the approval of the env; .... e~*~' review ccw~-v2ttee Fire Marshal. This plan shall identify appropriate measures for contamination response including, but not limited to: (6) A copy of the permit issued by or application for permit to the governmental agency or agencies responsible for permitting the handling, storage, display, or generation of the particular hazardous materials~ o~ hazardous wastes, or toxic substances. Where only periodic reports are required to be supplied to such agencies, copies of these reports shall be provided to the .... ; ...... *"~ ~evi~;; ..... ;**~ Fire Marshal. Section 3. That Chapter 2, "Zoning," Section 5, "Residential district regulations and use provisions" of the Land Development Regulations of the City of Boynton Beach is hereby amended to state as follows: Sec. 5. Residential district regulations and use provisions. H. AG AGRICULTURAL DISTRICT. These district regulations are intended to apply to those areas of Boynton Beach, the present use of which is primarily agricultural or the future use of which is uncertain. lA. TT.~o.~o ........ .~.~.,...,.~,;'~"~' ,~ .............. fl my;...,, .... pe~At. Any use listed under 5.H.I. above which uses, h~dles, stores, ~ ~splays, or generates h~dous matefifls, ~ .... ~;~" ...... ~ h~dous waste, or a to~c subst~ce, as ~e s~e ~e defined by 40 Code of Feder~ Regulations, P~ 261x or ~e ~o~ Subst~ce ~st ~ set fo~ in Rule 4A-62.~, ~o~da A~s~five C~e, sh~l require ~ envimnment~ review ~e~At h~dous matefi~ review in accord~ce with Sectizn !1.2 ~e Fire Dep~ent ~dous Matefi~ Disclos~e requirements of P~ H, Section 9-71 of ~s code. Page 4 of 16 I. REC RECREATION DISTRICT. These district regulations are intended to apply to those existing and proposed recreational areas not located in planned unit developments. Included in these areas are both public and private recreational tracts and the waters of Lake Worth and the Intracoastal Waterway. It is the specific intent of these regulations to preserve recreational areas for current use and for the future, consisten with the comprehensive plan and with the subdivision regulations. .... Any use listed under 5.[1 lB. tt ...... ' '~ ..... ; .......~ ....; ....... which uses, handles, stores, o~ displays, or generates hazardous materials, o~ · -'~-:-~- ...... *~ hazardous waste, or a toxic substance, as the same are defined by 40 Code of Federal Regulations, Part 261,. or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require a~ .... : ...... ~ .... : ....... :' hazardous material review in accordance with $ec44o~4~ Fire Department Hazardous Material Disclosure requirements of Part 11, Section 9-71 of this code. J. PU PUBLIC USAGE DISTRICT. These district regulations are intended to apply to those areas within the city whose ownership and/or operation is public or whose use is largely publicly or institutionally oriented, exclusive of those areas whose use is primarily recreational. IA. tt ........ :,4 ...... : ...... ,~] .... ~ ....... :* Any use listed under 5.J.1 above which uses, handles, stores, tv displays, or generates hazardous materials, ~ .... h:o~' ...... '~ hazardous waste, or toxic substance, as such may be defined by 40 Code of Federal Regulations, Part 261,. or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, · - · hazardous material review in shall require an accordance with $eenio~!-~ the Fire Department Hazardous Material Disclosure requirements of Part II, Section 9-71 of this code. Section 4. That Chapter 2, "Zoning," Section 6, "Commercial district regulations and Page 5 of 16 use provisions" of the Land Development Regulations of the City of Boynton Beach is hereby amended to state as follows: Sec. 6. Commercial district regulations and use provisions. A. C-I OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. These district regulations will provide appropriate space for office and professional uses, located to provide ready access to such services for all. 1. Uses permitted. Within any C-1 office and professional zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered or used, in whole or in part, except for one (1) or more of the following specified uses (single-family occupancy when incidental and necessary to main use is permitted). Those uses, however, which are listed in lA. below shall require conditional use approval, ~4 ,~. ........... ~;~. ~-~ prior to the establishment of these uses: q. Copying service. Print shops shall be allowed subject to obtaining an .... ~ ...... .n, .... ~ ....... ~ hazardous material or toxic substance review in accordance with Section 11.3 Part II, Section 9-71 of this code. lB. ................. ~-,; ...... ~-' rev..,:~w v ...... F~re Department Hazardous Material Disclosure required. Any use listed under 6.A. 1. or 6.A. 1A. above which uses, handles~ stores, o~ displays, or generates hazardous materials," .... ~':~*' ...... '~ hazardous waste, or a toxic substance as the same are defined by 40 Code of Federal Regulations, Part 261; or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require an .... -- ..... ~-,' .... ; ....... ;' Fire Department Hazardous Material Disclosure in accordance with Sect/on II.2 Part II, Section 9-71 of this code. B. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. These district regulations will provide a limited number of small commercial facilities of a retail convenience nature, intended to sevice individual residential neighborhodds. Generally, the desired locations for these facilities are near or about the geocenter or other planned nucleus of the neighborhood, conforming to the general development plan. 1. Uses permitted. Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected altered, Page 6 of 16 or used, in whole or in part, except for one (1) or more of the following specified uses. Those uses, however, which are indicated in lA. below shall require conditional use approval, ~a ,~ ........... ].:~u n~ u~.~a ..~.~ ~n ~ ]e;; ~* prior to the establishment of these uses: All stores and shops in the C-2 district shall be limited to retial sales. a. Any use permitted in C-1 district. qq. Drive-up, dive-through or drive-in service for any of the ratail uses of personal services listed under 1.ii through 1.pp above. * Drive-up and drive-through facilities for financial institutions shall be a permitted use, however. rr. Automotive service stations, subject to the provisions of 1.cc. above. ss. Print shops. tt. Drycleaning on premises, limited to handling goods that are brought to the premises by retail customers. uu. A single-family residence, incidental to a permitted, commercial use, located on the same lot as the commercial use. Such residence shall have a minimum living area of seven hundred fifty (750) square feet and shall be limited to occupancy by the property owner or business owner/operator. All uses listed under 1.c through ~ 1.tt above shall specify the gross floor area on the application for an occupational license. Each retail store and adjacent stores or bays under the same ownership or control that are of a similar or related use shall be considered to be a single store for the purpose of computing floor area. IA.Conditional uses allowed. Those uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set forth in Section 11.2. Page 7 of 16 d-.Any use listed under 6.B.1 or 6.B.1A, which uses, handles, stores, o~: displays, or generates hazardous materials,...^ .... ...v..u;ou e,~-.~-.--.~,'~o hazardous waste, or a toxic substance, as the same are defined by 40 Code of Federal Regulations, Part 261;. or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with Part H, Section 9-71 of this code. 2. Prohibited uses. Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the following uses: C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare. C Page 8 of 16 b. e-.Any use listed under 6.C.1 or 6.C.IA, which uses, ~ handles, stores, o~ displays, or generates hazardous materials, ~ .... ~';"~' ...... ,~o hazardous waste, or a toxic substance, as the same are defined by 40 Code of Federal Regulations, Part 2617 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with Part 1I, Section 9-71 of this code. 2. Prohibited uses. Within any C-3 community commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered, or uses, in Whole or in part, for any of the following uses: D. C-4 GENERAL COMMERCIAL DISTRICT. These district regulations will be effective in projecting desirable uses and pattens along the development corridors that will be located at points along major trafficways. The ultimate desired results are to group highway uses, keep accesses to a minimum, and combine accesses, so as to limit the drive out interruptions. In addition, these regulations can help expedite, facilitate, and ease traffic on and off the major trafficways and allow sufficient frontage for safe ingress and egress and yet again, not erode the design capacities for our highways. Page 9 of 16 .e-Any use listed under 6.D.1 or 6.D.1A, which uses, handles, stores, o~ displays, or generates hazardous materials,v." .... .....~.U;~h ,,.._.~.....~,*-- hazardous waste, or a toxic substance, as the same may be defined by 40 Code of Federal Regulations, Part 261, or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with Part II, Section 9-71 of this code. E. CBD CENTRAL BUSINESS DISTRICT. The intent of this district is to provide a highly visible community focal point integrating business, retail, and recreational and residential activities. The uses allowed in the central business district are intended to serve the entire community, create a high volume of pedestrian activity, provide business, recreation, and residential opportunities, and maximize the potential of the waterfront. lA. tt.~.~o ~ '' .~-~-- W;tU;n ,u,~ r~r~ t~.,.., Page 10 of 16 b-.Any use listed under 6.E. 1, which uses, handles, stores, o~ displays, or generates hazardous materials,... ~' .... ,,..~..k~'~' ~--,~*--'~*°° hazardous waste, or a toxic substance~ as the same may be defined by 40 Code of Federal Regulations, Part 261; or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with Part H, Section 9-71 of this code. 2. Uses prohibited. Within the central business district, no building, structure, land, or water, or portion thereof, shall be used for any of the following uses: G. PLANNED COMMERCIAL DEVELOPMENT DISTRICT. 5. Uses permitted, conditional uses, uses requiring .... : ...... *~' .... : ....... Fire Department Hazardous Material Disclosure in accordance with Part Section 9-71 of. this code. a. All uses listed in Section 6.C.1 of these zoning regulations provided however, that uses listed as conditional will not be required to secure conditional use approval if shown on the master plan required as a part of this submission, and uses will not be subject to the minimum acreage requirements of Section 6.C.1. if the site meets the minimum acreage requirement for rezoning to PCD and all portions of any building dedicated to such use are separated from residentially zoned property by a distance of 200 U~ec, ~,T. ....... T.,+.-.;~ ,-.,., eD;' TO.~I'..D.*I Page 11 of 16 b. Uses ancillary to permitted uses; and c. Commercial uses not listed in Section 6.C. 1, but approved by the planning and development board. d. Any use listed under 6.E. 1, which uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as the same may be defined by 40 Code of Federal Regulations, Part 261T or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with Part Il, Section 9-71 of this code. Section 5. That Chapter 2, "Zoning," Section 7, "Planned industrial development district" of the Land Development Regulations of the City of Boynton Beach is hereby amended to state as follows: Sec. 7. Planned industrial development district. E. USES PERM1TFED. In the PI]:), a building and its customary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale and retail), educational institution, adult entertainment in accordance with section 11.M, recreational and attractions as defined for the industrial land use classification, multi-family residential, and mixed use residentiaFcommercial uses in PID's totaling a minimum of 500 acres or industrial use provided that such use or uses is/are approved by the planning and development board. In approving uses in the PID .... Any use approved by ~e pl~ng ~d development bo~d for a p~cul~ P~ w~ch uses, h~es, stores, ~ ~splays, or generates h~dous matefifls, ~ w~dc~ ...... '~ h~dous w~te, or a toxic subst~ces, ~ the sine may ~ defined by 40 Code of Feder~ Re~lafions, P~ 261x or ~e ~ofida Subst~ce Page 12 of 16 List as set forth in Rule 4A-62.004, Florida Administrative Code, shall also require ma .... ~ ...... *~ .... ~ ....... ;* Fire Department Hazardous Material Disclosure in accordance with Part II, Section 9-71 of this code ~ Section 6. That Chapter 2, "Zoning," Section 8, "M-1 industrial district regulations and use provisions" of the Land Development Regulations of the City of Boynton Beach is hereby amended to state as follows: A. M-1 INDUSTRIAL DISTRICT. 1. Permitted uses, no distance requirement. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered or used, in whole or in part, for other than one or more of the following specified uses; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., win:Id requ re..~,"~ ,. ....................... ,. e ..................... , wou re u re conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. No distance requirement other than district setback regulations shall apply for the following uses: 2. Permitted uses subject to distance requirement. Within any M-I industrial district, no building, structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part for any of the following uses, unless a minimum distance of three hundred (300) feet is maintained between the use and residential-zoned property. Said distance shall be measured along a straight airline route from the property line of residential-zoned property to the building or portion of the lot where the specified use is located, except that those portions of the lot or structure which are located within the minimum distance may be used for lawful uses other than the uses listed below, subject to district building and site regulations. Any use or process that wculd require :,n env~rom'nental review pem',.':t under ~ would require conditional use approval under Section 8.A.4.; or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. a. Manufacturing, fabrication, and processing as follows: Page 13 of 16 (1) Plastic products, limited to forming of plastics materials, including compoun ng o resins ...................................... -- (2) Rub~r products, li~ted to fo~ng of robber mated~s; excluding tire and inne~ube manufacturing ~d robber reciting. EstaSEs~ment cf (3) Machine shops, welding ~d metalworhng shops, fins~ths, sheet met~ hbhcation, blacks~th shops; machining, stmping, cu~ing, joining, forging, drawing, ~nding, or other fo~ng of metes as either a nc a or access0~ use .................................. o.-..~ b. Other uses as follows: (1) Asphalt paving, patc~ng, roofing, and sealcoaOng, exclu~ng asph~t ~d t~ pl~ts. (2) Buil~ng clewing ~d j~itofi~ se~ices; swi~ng pool mhnten~ce (6) Con.actors, o~rmive builder, ~d trade con.actors shops ~d storage ......... c e. ny use w c uses, h~es, stores, ~splays, or generates h~dous mated~s, h~ous w~te, or a toxic subst~ce, as ~e sine ~e defin~ by 40 Code of F~e~ Regulations, P~ 261 or ~e ~ofi~ Subst~ce ~st as set fo~h in Rule 4A- 62.~, ~ofida A~ffis~five Code, shall ~q~re Fire ~pment Page 14 of 16 Hazardous Material Disclosure in accordance with Part Il, Section 9-71 of this code. a. Manufacturing, fabrication, and processing, as follows: (1) Dairy products. eec 4. Conditional uses. Within any M-I industrial district, no building, structure, land or water, or any part thereof shall be erected, altered, or used, in whole or part, for one or more of the following uses, unless a conditional use approval is secured according to the standards and procedures set forth in Section 11.2 of these zoning regulations~ provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2.; ............. re .... v .......................... , or would be prohibited under Section 8.A.5., shall fully comply with the provisions of those sections, where applicable. Section 7. That Subsection I, "Status of Existing Uses Requiring Environmental Review Permits," of Section 11.1, "Nonconforming uses and structures," Chapter 2, "Zoning," of the Land Development Regulations of the City of Boynton Beach is hereby deleted in its entirety. Section 8. That Chapter 2, "Zoning," Section 11.3, "Environmental review permits" of the Land Development Regulations of the City of Boynton Beach is hereby deleted in its entirety. Section 9. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 10. Authority is hereby granted to codify said ordinance. Page 15 of 16 Section 11. This ordinance shall become effective immediately upon passage. FIRST READING this "/ day of ~ ,2004. SECOND, FINAL READING AND PASSAGE this day of , 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner (CORPORATE SEAL) s;ca~xtinance~sXF_.RC Ord -LDR.do~ H:~1990L000182.bb~rdXERC Ord - LDR. doc Rev. 03-29-04 Page 16 of 16 XII. - LEGAL CITY OF BOYNTON BEA ITEM A.t2 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested CiD' Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place on the April 20, 2004 City Commission Agenda under Legal, Ordinance Second Reading, Ordinance 04- __ to amend the Code of Ordinances Chapter 9, "FIRE PROTECTION AND PREVENTION" Section 9-30 DUTIES OF OFFICERS, authorizing officers of the Fire and Life. Safety Division to enforce all laws concerning toxic substances; Amending Section 9-71, Code of Ordinances, requiring a Hazardous material Disclosure/Toxic Substance Permit for businesses using, handling, storing, or displaying hazardous or toxic substances. EXPLANATION: The Fire Department Fire and Life Safety Division, in coordination with the Department of Development, have determined that the function, purpose and enforcement of the Environmental Review Committee are best served through a staff review process, rather than a review-by-committee process. In addition, the recommended changes to Chapter 9, Chapter 13 and the Land Development Regulations will clarify and simplify the process by which businesses must comply with the Hazardous Material Disclosure and Toxic Substance requirements of the Fire and Life Safety Division. PROGRAM IMPACT: Improved permitting, oversight and management of businesses utilizing or storing hazardous materials and toxic substance within the City through the office of the City's Fire Marshall. Streamlined review process and reduced application costs for businesses existing and wishing to establish in the City. FISCAL IMPACT: Current environmental review permit fees consist ora one-time $250 application fee and a $250 permit fee. An annual $25 Hazardous Waste/Toxic Substance Permit fee charged to all applicable businesses will offset the current average annual revenue of $15,000. ALTERNAT~ES: / ~ Quintus G~,~fi'e,~l~ir~:'~o~"~'~)e~elbpment City Attorney / Finance / Human Resources S:~BULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC I ORDINANCE NO. O 04-O~ $~ 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 CHAPTER 9, "FIRE PROTECTION AND PREVENTION," 6 AMENDING SECTION 9-30, "DUTIES OF OFFICERS" OF 7 THE CODE OF ORDINANCES, AUTHORIZING OFFICERS 8 OF THE FIRE AND LIFE SAFETY DIVISION TO 9 ENFORCE ALL LAWS CONCERNING TOXIC 10 SUBSTANCES; AMENDING SECTION 9-71, 11 "DISCLOSURE AND SAFETY REQUIREMENTS," OF THE 12 CODE OF oRDINANCES, REQUIRING A HAZARDOUS 13 MATERIAL DISCLOSURE/TOXIC SUBSTANCE PER~HT 14 FOR ALL BUSINESSES, NEW AND EXISTING, USING, 15 HANDLING, STORING, OR DISPLAYING HAZARDOUS 16 OR TOXIC SUBSTANCES; PROVIDING FOR CONFLICTS, 17 SEVERABILITY, CODIFICATION AND AN EFFECTIVE ! 8 DATE. 19 2O WHEREAS, the Code of Federal Regulations and the Florida Administrative Code 21 contain roles and regulations goveming the use, handling, storage, and display of hazardous 22 materials, hazardous waste, and toxic substances; and 23 WHEREAS, the City of Boynton Beach Fire and Life Safety Division has determined 24 that it is necessary to clarify Chapter 9 of the City's Code of Ordinances to specify that the use, 25 handling, storage, and display of hazardous materials, hazardous waste, and toxic substances are 26 included within the duties of the division and are to be considered by the City when reviewing 27 applications for Hazardous Material Disclosure/Toxic Substance Permits and when performing 28 annual inspections on businesses engaged in the use, handling, storage, and display of hazardous 29 materials, hazardous waste, and toxic substances; and 30 WHEREAS, the City Commission has determined that it is necessary to amend Chapter 31 9 of the Code of Ordinances to authorize officers of the Fire and Life Safety Division to enforce S:\CA\Ordinances\Fire - Chapter 9\ERC Ord - Chapter 9.doc Page 1 of 9 1 all laws, rules, and ordinances pertaining to toxic substances, in addition to hazardous materials 2 and hazardous waste; and 3 WItEREAS, hazardous materials, hazardous waste, and toxic substances have potentially 4 adverse and lasting effects on humans and on the environment if such substances are not stored, 5 used, or handled properly; 6 WItEREAS, under an annual inspection program, the Fire-Rescue Division of the City 7 will monitor businesses and sites where the use, handling, storage, or display of hazardous 8 materials, hazardous waste, or toxic substances occurs to assure compliance with the City's Code 9 of Ordinances and Land Development Regulations and applicable state and federal regulations; 10 and 11 WItEREAS, an annual inspection program will assist in protecting the citizens of 12 Boynton Beach and the environment from long-term, lasting effects, which have the potential of 13 adversely affecting the quality of life within the municipal limits of the City of Boynton Beach; 14 and 15 WItEREAS, it is the desire of the City Commission to ensure that the use, handling, 16 storage, and display of toxic substances is reviewed by the City in connection with applications 17 for Hazardous Material Disclosure/Toxic Substance Permits and in connection with annual 18 inspections and reinspections of businesses required to secure and maintain such a permit; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida upon 20 recommendation of staff, has determined that it is in the best interests of the citizens and 21 residents of the City to amend Chapter 9 regarding the regulation of the use, handling, storage, 22 and display of hazardous materials, hazardous waste, and toxic substances. S:\CA\Ordinances\Fire - Chapter 9\ERC 0rd - Chapter 9.doc Page 2 of 9 1 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 3 CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 5 Section 1. That Chapter 9, "Fire Protection and Prevention," Article Ill, "Fire and 6 Life Safety Division," Section 9-30, "Duties of officers," of the Code of Ordinances of the City 7 of Boynton Beach is hereby amended to state as follows: 8 ARTICLE III. FIRE AND LIFE SAFETY DIVISION 9 10 ... 11 12 Sec. 9-30. Duties of officers. 13 14 It shall be the duty of the officers of the Fire and Life Safety Division, identified 15 in Section 9-29, to enforce all laws and ordinances concerning the following: 16 17 (a) The prevention of fires. 18 19 (1) Inspection. 20 (2) Plan review. 21 (3) Public education. 22 (4) Enforcement. 23 24 (b) The storage and use of explosive, flammable, "~nd hazardous materials, and 25 toxic substances. 26 27 ... 28 29 Section 2. That Chapter 9, "Fire Protection and Prevention," Article vm, "Hazardous 30 Materials," Section 9-71, "Disclosure and safety requirements," of the Code of Ordinances of the 31 City of Boynton Beach is hereby amended to state as follows: 32 ARTICLE VIII. HAZARDOUS MATERIALS AND TOXIC SUBSTANCES 33 34 Sec. 9-71. Disclosure and safety requirements. 35 S: \CA\Ordinances\Fire - Chapter 9\ERC Ord - Chapter 9.doc Page 3 of 9 1 (a) Definitions. For the purpose of this section, the terms listed below shall be 2 defmed as follows, provided however, references to statutes or regulations in existence at 3 the time this section is adopted shall also include references to such statures or 4 regulations as they maybe amended from time to time: 5 6 (1) Carcinogen: refers to a substance which causes cancer. For purposes of 7 this section, carcinogens are those substances specified on the list 8 developed by the United States Department of Health and Human Services 9 in its Annual Reports on Carcinogens. 10 11 (2) CAS Number: the unique identification name as assigned by the Chemical 12 Abstracts Services to specific chemical substances. 13 14 (3) Chemical name: the specific designation of a substance in accordance 15 with the International union of Pure and Applied Chemistry of the system 16 developed by the Chemical Abstracts Services. 17 18 (4) Common name: a designation of identification such as code name, code 19 number, trade name or brand name used to identify a substance other than 20 by its chemical name. 21 22 (5) Disclosure form: the "Hazardous Material Information/Toxic Substance 23 Permit Form" provided by the City of Boynton Beach Fire Rescue 24 Department. 25 26 (6) Environmental Review: All businesses which would be located within the 27 city shall state, as part of the occupational license application or renewal, 28 whether the business would use, handle, store, or display hazardous 29 materials or generate hazardous waste, as defined by 40 Code of Federal 30 Regulations, Part 261, in which case the business shall require a 31 Env:,rc,-'~.mznta! Review Hazardous Material Disclosure/Toxic Substance 32 Permit. 33 34 (7) Handle: to generate, treat, use, or dispose of a hazardous material or toxic 35 substance in any fashion. 36 37 (8) Handler: any person who handles a hazardous material or toxic substance. 38 39 (9) Hazardous Material: any substance or product for which the manufacturer 40 or producer is required to prepare a Material Safety Data Sheet 0VISDS) 41 for the substance or product pursuant to the Superfund. 42 43 Amendments and Reauthorization Act (SARA) Title 11/, October, 1986 S:\CA\Ordinances\Fire - Chapter 9\ERC Ord - Chapter 9.doc Page 4 of 9 1 and/or Chapter 252, Florida Statutes, the Florida Hazardous Materials 2 Emergency Response and Community Right-to-Know Act, July 1988, 3 provided that a substance may additionally be deemed hazardous material 4 or hazardous waste upon a finding by the Fire Chief that the substance, 5 because of its quantity, concentration or physical or chemical 6 characteristics, poses a significant potential hazard to human health and 7 safety or to the environment if released into the community. Should the 8 Fire Chief at any time determine that otherwise exempted materials should 9 be subject to disclosure the Fire Chief may require the submission of a 10 disclosure form. 11 12 (10) Hazardous waste: any material that is identified in the Code of Federal 13 Regulations, Title 40, Sections 261.31 - 261.33. 14 15 (11) Health official: the Health Officer with authority in the City of Boynton 16 Beach, Florida. 17 18 (12) MSDS: A Material Safety Data Sheet prepared pursuant to regulations 19 indicated in paragraph (8) above. 20 21 (13) Person: an individual, trust, firm, joint stock company, corporation, 22 partnership, or association. 23 24 (14) Physician: any person recognized as a physician under Florida law. 25 26 (15) SIC Code: the identification number assigned by the Standard Industrial 27 Classification Code to specific types of businesses. 28 29 (16) Recovery: as defined in Palm Beach County Regional Hazardous 30 Materials Response Plan. 31 32 (17) Storage or storing the containment of substances or materials in such a 33 manner as not to constitute disposal of such substances or materials. 34 35 (18) Use: includes the handling, processing, or storage of a hazardous material 36 or toxic substance. 37 38 (19) User: any person who uses or handles a hazardous substance~ or--hamttes 39 hazardous waste, or toxic substance. 40 41 (20) Toxic Substance: Any substance listed in the Florida Substance List, as 42 set forth Rule 4A-62-004, Florida Administrative Code. 43 S:\CA\Ordinances\Fire - Chapter 9\ERC Ord - Chapter 9.doc Page 5 of 9 1 (b) Filing of a Hazardous Material Disclosure/Toxic Substance Permit Form. 2 3 (1) Any person applying for site plan review, building permits, or an 4 occupational license shall disclose on the application whether hazardous 5 material, hazardous waste, or toxic substances will be used, stored, 6 displayed, generated, or handled, and if so, a disclosure permit form must 7 be completed and filed with the Boynton Beach Fire Rescue Department. 8 9 (2) Any person who uses, stores, displays, or handles a hazardous material or 10 toxic substance must ~ ...... ,,.. a..~- ,u .... ,un Ac T ......... a 11 ~l-l-y, on an annual basis, submit a completed disclosure permit form to 12 Boynton Beach Fire Rescue Department. Inspection fees shall be the 13 amount(s) as provided chapter 13 of this code. 14 15 (-2-)(3) Any person who, during the calendar year, for the first time becomes a 16 user or handler of any hazardous material or toxic substance must submit a 17 completed disclosure permit form to the Boynton Beach Fire Rescue 18 Department within fifteen (15) days of becoming a user or handler. 19 Thereafter, any such user or handler shall comply with the provisions of 20 Subsection (b)(1) above. 21 22 (&)(4) The City of Boynton Beach Fire Rescue Department may, upon written 23 notice, require the submittal of a disclosure permit form of any user or 24 handler. The user or handler shall submit a completed disclosure permit 25 for within fifteen (15) days. 26 27 ~ Any person required to submit a disclosure permit form pursuant to this 28 Section shall file with the Boynton Beach Fire Rescue Department and 29 updated disclosure ~)ermit form on an annual basis at the same time as any 30 occupational license renewal or within fifteen (15) days of any of the 31 following: 32 33 a. A change in business address. 34 35 b. A change in business ownership. 36 37 c. A change in business name. 38 39 d. Cessation of business operations. 40 41 e. The use or handling of a previously undisclosed hazardous material 42 or toxic substance. 43 S: \CA\Ordinances\Fire - Chapter 9~ERC Ord - Chapter 9.doc Page 6 of 9 1 f. A sigrfificant change in the use, handling, or manufacturing of a 2 hazardous material or toxic substance for which disclosure has 3 been previously made. 4 5 g. The hazardous characteristics of every hazardous material or toxic 6 substance disclosed, including but not limited to, toxicity, 7 flammability, reactivity, and corrosivity as may be required by the 8 Fire Rescue Department. 9 10 (-5-)(6) Upon request, all users must provide the following information: 11 12 a. To the Fire Rescue Department, any information determined by the 13 Department to be necessary to protect the public health, safety, or 14 environment. 15 16 b. To any physician, where the physician determines that such 17 information is necessary to protect the public health, safety, or the 18 environment. 19 20 (c) Exemptions fi.om Disclosure. The following materials or persons are 21 exempt for disclosure requirements: 22 - 23 (1) Hazardous materials or substances contained in food, drug, cosmetic, or 24 tobacco products. 25 26 (2) Hazardous materials or toxic substances contained solely in consumer 27 products packaged for use and by and distributed to the general public 28 unless the product is repackaged or altered in any way; provided, however, 29 the manufacture and distribution of these products are not exempt. 30 However, pesticides, herbicides, and ammonium nitrate fertilizers over the 31 required disclosure amounts are not exempt fi'om disclosure. 32 33 (3) Any person, while engaged in the transportation or storage of hazardous 34 materials, within the provisions of Title 49 of the Code of Federal 35 Regulations, Subchapter ¢, as exists or as hereafter amended or changed. 36 37 (4) Infectious waste generated by hospitals, medical centers, clinics, and other 38 health care facilities. 39 40 (d) Identification of Areas; keyed lock box: identification placards. 41 42 (1) When required by the Fire Rescue Department, any person submitting a 43 disclosure permit form may be required to install an approved keyed lock S:\CA\Ordinances\Fire - Chapter 9\ERC Ord - Chapter 9.doc Page 7 of 9 1 box to store safety data sheets, floor plans, site plans, and building access 2 keys for authorized use in the case of an emergency. If required by the 3 Fire Rescue Department, the approved keyed lock box must be installed 4 within ninety (90) days of receipt of a written notice fi.om the Fire Rescue 5 Department. The specifications and location of the required keyed lock 6 box shall be as designated by the Fire Rescue Department. The National 7 Fire Protection Association (NFPA) Standard 704m, Standard System for 8 Identification of the Fire Hazards of Materials, shall be incorporated with 9 the application of the keyed lock box to provide exterior warning symbols 10 for emergency responders. Hazardous materials identification placard(s) 11 shall be installed in accordance with NFPA Standard 704. 12 ~ 3 (2) The Fire Rescue Department may direct that the items specified above be 14 revised or reinstalled at any time. The City shall bear no expense for 15 initial or subsequent work required of a user under this section. 16 17 (e) Record keeping; exemption fi.om public disclosure. 18 19 (1) Upon receipt of a disclosure form, the Fire Rescue Department shall 20 maintain files of all disclosure permit forms received. 21 22 (2) Under the provision of 252.88(3), Florida Statutes, any and all 23 information, including but not limited to, site plans and specific location 24 information on hazardous materials or toxic substances furnished to the 25 Fire Rescue Department pursuant to this section shall be confidential and 26 exempt fi-om the provisions of Section 119.07(1), Florida Statutes. 27 28 (f) Enforcement. The Fire Chief or designee is authorized and empowered to 29 enforce the provisions of this Chapter. The enforcement may include the inspection of 30 hazardous materials or toxic substances in use, storage, or disposal, review of hazardous 31 materials records, the sampling and testing of hazardous materials and other activities 32 directly related to the enforcement of this section. No person shall obstruct or interfere 33 with the Fire Chief or designee in the performance of these duties. 34 35 (g) Violations. In addition to the penalties and remedies provided in Section 36 252.66, Florida Statutes, any violations of the provisions of this section shall be 37 punishable as provided for in Section 2-91 and 9-61 of the City of Boynton Beach Code 38 of Ordinances. 39 40 41 Section 3. Should any section or provision of this ordinance or portion hereof, any S:\CA\Ordinances\Fire - Chapter 9\ERC Ord - Chapter 9.doc Page 8 of 9 1 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 2 decision shall not affect the remainder of this ordinance. 3 Section 4. Authority is hereby granted to codify said ordinance. 4 5 Section 5. This ordinance shall become effective immediately upon passage. 6 7 8 FIRST READING this 7 day of ~ OR,,'t-- ,2004. 9 t 10 SECOND, FINAL READING AND PASSAGE this ~ day of , 11 2004. 12 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 16 Mayor 17 18 19 Vice Mayor 20 21 22 Commissioner 23 24 25 ATTEST: Commissioner 26 27 28 City Clerk Commissioner 29 30 31 (CORPORATE SEAL) 32 33 34 S:\CA\Ordinances\Fire - Chapter 9\ERC Ord - Chapter 9.doc Page 9 of 9 XII. - LEGAL CITY OF BOYNTON BE ITE AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June l, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May4,2004 April 19, 2004 (Noon) [] July6,2004 June 14,2004(Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business ~ AGENDA ITEM [] City Manager's Report [] Presentation C:~ [] Consent Agenda [] Public Hearing r~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Request approval of Ordinance 04- amending City Of Boynton Beach Ordinance Part II, Chapter 24, "Taxicabs," and creating a revised Chapter 24 entitled "Vehicles for Hire." EXPLANATION: In conjunction with the Land Development Regulation update currently in progress, the Department of Development has reviewed the existing Code of Ordinances chapter related to Taxicabs and determined that as written, the intent of this code is no longer broad enough to encompass the numerous modes of transportation services available to the general public. In an effort to better define and regulate Vehicles for Hire, staffhas undertaken a comparative analysis of neighboring communities along with an evaluation of the goals of the Community Redevelopment Agency in revitalizing our downtown area. As a result of this research, staffhas determined that broader regulations allowing for alternative modes of transportation, including trolley and non-motorized vehicles, are appropriate at this time. PROGRAM IMPACT: Improved regulation and licensing of Vehicles for Hire. FISCAL IMPACT: N/A. ALTERNATIVES: ~th existing code. Quintus L.16'~e~, ~e~,~o~rn3ni Dir&tor ! Development Department Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMS~AGENDA lTEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 24. OF THE CODE OF 5 ORDINANCES ENTITLED "TAXICABS", AND CREATING 6 A REVISED CHAPTER 24. ENTITLED "VEHICLES FOR 7 HIRE"; PROVIDING FOR CONFLICTS, SEVERABILITY, 8 CODIFICATION AND AN EFFECTIVE DATE. 9 10 WHEREAS, in conjunction with the Land Development Regulation update currently 11 in progress, the Department of Development has reviewed the existing Code of Ordinances 12 chapter related to Taxicabs, and determined that as written, the intent of this code is no longer 13 broad enough to encompass the numerous modes of transportation services available to the 14 general public; and 15 WHEREAS, in an effort to better define and regulate Vehicles for Hire, staff has 16 undertaken a comparative analysis of neighboring communities along with an evaluation of 17 the goals of the Community Redevelopment Agency in revitalizing our downtown area; and 18 WHEREAS, upon recommendation of staff, the Commission has determined that 19 broader regulations allowing for alternative modes of transportation, including trolley and 20 non-motorized vehicles, are appropriate at this time; and 21 WHEREAS, the City Commission deems it appropriate and in the best interests of 22 the citizens and residents of the City of Boynton Beach, to amend Chapter 24 of the Code of 23 Ordinances entitled "Taxicabs"; and 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing whereas clause is true and correct and is now ratified and 27 confirmed by the City Commission. 28 Section 2. That Chapter 24, Part 1I of the Code of_Ordinances is hereby amended by 29 adding the words and figures in underlined type and by deleting the words and figures in 30 struck-through type, as follows: 31 32 PART II CODE OF ORDINANCES 33 34 Chapter 24 TA>2CAES VEHICLES FOR HIRE 35 36 37 Se~. 24-1. Definitions. 38 39 As used in this chapter: 40 41 Advertising shall mean vehicle overlays, attached or painted signage, as regulated by 42 City of Boynton Beach Land Development Regulations, Chapter 21, any written statement S:\CA\Ordinances~Builffmg~Revision 041204 - Taxicabs.doc 1 made in connection with the solicitation by vehicle for hire business and includes without 2 limitation, statements or representations made in a newspaper, "Yellow Pages" or other 3 publication, or on radio, television or contained in any notice, handbill, business card, sign, 4 catalog, billboard, brochure, poster or letter. 5 6 Applicant shall mean any person who applies for a vehicle for hire occupational 7 license. In the case of partnerships, associations, corporations and other legal entities, 8 "applicant" shall also mean any member of a partnership and the corporate officers and 9 directors. 10 13 14 Compensation shall mean a return in money, property, or anything of value for the 15 rendition of vehicle for hire services. 16 17 Cottnty Bttsiness Permit shall mean the grant by Palm Beach County to operate one 18 (1) vehicle for hire not subject to reciprocity, upon the streets of the county. 19 20 Cruising means the driving of a taxicab on the streets, alleys or public places of the 21 city in search of, or soliciting, prospective passengers for hire. 22 23 Driver means an individual who operates or is in actual physical control of a public 24 vehicle. 25 28 Holder means a person, corporation, partnership, or other business entity to whom a 30 whom the City issues an occupational license to operate a vehicle for hire business. 31 32 Jitney shall mean any non-metered vehicle for hire which may or may not operate a 33 regular intervals over a designated route, and which fixed fares or rates may be charged for 34 services. 35 36 l~mott$ine means any chauffeur-driven, non-metered passenger vehicle for hire, 37 including, but not limited to, modified-for-the-purpose luxury limousines or full-sized luxury 38 sedans, providing seating accommodations for not more than the number of passengers: 39 including the driver, specified by the vehicles manufacturer, whose rates are determined on 40 an hourly, daily, weekly or monthly rental of the vehicle and the chauffeur, or a combination 41 of rental and mileage charges, with a minimum rental period of one (1) hour. 42 43 Manifest means a daily record prepared by a vehicle for hire driver of all trips made 44 by said driver showing the time and place of origin, destination, number of passengers, and 45 the amount of fare of each trip. 46 47 Non-motorized vehicle means vehicles for hire des(ej~ed to be propelled by humans 48 and/or animals which do not also have engines or motors installed, including, but not limited 49 to, rickshaw, animal-drawn vehicle, bicycle or other opened or closed vehicle with two or 50 more wheels, pedicab or pedestrian cab. S:\CA\OrdinancesXBuildingXRevision 041204 - Taxicabs.doc 2 3 Operator means any person owning, leasing or controlline a vehicle for hire. An operator 4 may or may not be a driver. 5 6 Public Vehicle means taxicabs, vans, limousines and non-motorized vehicles for the 7 transportation for hire of passengers where new fares begin within the City limits of Boynton 8 Beach. 9 10 Rate card means a card issued by '['~ ~';*" c,.~ .~:o~,~.,: .... u ~-.vi~K ..,h;r.k ~t~;~o th~ 11 rates of fare then in force. 12 13 Taxicab means a motor vehicle regularly engaged in the business of carrying 14 passengers for hire not operated on a fixed route, having seating accommodations for not 15 more than the number of passengers, including the ch-iver, specified by the vehicles 16 manufacturer. 17 18 Vehicle for hire driver's identification badge (I.D. badge) shall mean a permit issued 19 by Palm Beach County, authorizing the holder thereof to utilize the vehicle for hire described 20 in said permit for the transportation of passengers as authorized pursuant to this article. 21 22 Waiting time means the time when a taxicab is not in motion from the time of 23 acceptance of a passenger or passengers to the time of discharge, but does not include any 24 time that the taxicab is not in motion if due to any cause other than the request, act or fault of 25 a passenger or passengers. 26 27 Sec. 24-2 ................ Comphance. 28 29 (a) The operation of a vehicle for hire within and upon the streets of the City shall be 30 subject to the conditions, restrictions, and regulations set forth in this Chapter. It 31 shall be unlawful to operate any vehicle for hire within and upon such streets 32 without first obtaining the appropriate City occupational license for the operation 33 of a vehicle for hire. The provisions of this Chapter, however, shall not apply to 34 the following: 35 36 (1) Vehicles operated by a governmental agency; 37 (2) Vehicles tendering transportation services not for compensation; 38 (3) Vehicles owned and operated by hotels, motels, churches, private clubs 39 and organizations, or other such entities, which provide transportation 40 services for their guests/members only, for which the guest/member 41 does not incur a separate charge; 42 (4) Discharge within the regulatory_ purview of this Chapter of a passenger 43 picked up pursuant to legal authority in either another municipality or 44 another county; 45 (5) Operation of motor vehicles for the transportation of passengers, not 46 for compensation, between the vicinity of their residences and the 47 vicinity of their places of work, in an arrangement commonly known 48 as a "car pool" or "van pool",_and exclusive ride-sharing vehicles as 49 defined in F.S.§ 341.031 (9), as amended.: 50 (6) Motor vehicles used exclusively in transporting children to and from 51 school/daycare_. S:\CA\OrdinanceskBuildmgXRevisis)n 041204 - Taxicabs.doc 1 (7) Motor vehicles whose primary business is transporting passengers to 2 and/or from airports located outside the City limits of Boynton Beach. 3 (8) Out-of-county origin exception. Nothing in this Chapter shall prohibit 4 discharge within the City of any passenger, lawfully picked up in 5 another county and lawfully transported into the City. Any passenger 6 lawfully picked up in another county, transported to, and discharged at 7 any location within the City, may be picked up at the discharge 8 location so long as the transportation is part of a prearranged, round- 9 trip fare (evidenced by written manifest or load ticket.) Additional 10 passengers may not be picked up at the discharge point unless a valid 11 City of Boynton Beach Occupational License is obtained. This 12 exemption is not applicable to scheduled discharge locations, such as 13 bus terminals. 14 15 Compliance with Palm Beach County Code of Ordinances, Chapter 19, as may be amended 16 from time to time is required in order to obtain an occupational license from the City and to 17 receive an annual renewal of the City's occupational license. 18 19 (b) Non-motorized vehicles: 20 21 (1) Non-motorized vehicles shall not be operated on any sidewalk; 22 (2) Animal waste generated by non-motorized vehicles shall be 23 immediately disposed of in a sealed container by the vehicle driver. 24 (3) Non-motorized vehicles shall comply with posted regulations for 25 stopping and standing. Non-motorized vehicles may not stop or stand 26 in on-street spaces reserved for bus or trolley stops:, 27 (4) Non-motorized vehicles ma), use available public parking spaces for 28 stopping or standing but shall comply with posted time requirements 29 and are subject to ticketine for failure to comply with such 30 reouirements: 31 (5) There shall be a passenger visible location provided in the vehicle for 32 the public vehicle's driver's Palm Beach County Identification to be 33 displayed. 34 (6) Non-motorized vehicles are limited to the City's ..Community 35 Redevelopment Area and shall not trans~ess streets other than those 36 permitted within the district. 37 38 (c) Compliance with state, federal safety laws: 39 40 (1) Every vehicle for hire company shall be responsible for ensuring that 41 each vehicle in its employ complies with applicable state and federal 42 laws, rules, regulations, and standards regarding motor vehicle safety 43 equipment and devices. Every vehicle for hire company shall cause 44 every vehicle that it owns, leases or controls to be inspected at least 45 annually to ensure that each such vehicle complies with F.S. § Ch. 316. 46 The vehicle for hire company shall maintain a permanent registry 47 containing information on the identity of each vehicle inspected, the 48 date of the insp~tion, the nature of any deficiencies or defects 49 discovered, remedial action or service performed, and the name of the 50 inspector. All information so required shall be typewritten or printed 51 legibly. S:\CA\Ordinances~BuildingLRevision 041204 - Taxicabs.doc 1 (2) The city may require additional inspections of any vehicle for hire to 2 enforce the pro'visions of this section. Such inspections shall be 3 conducted by persons qualified to perform the inspection requested. 4 (3) A vehicle for hire which fails to meet the operating and safety 5 requirements of F.S. § 3.16 or other applicable law. rule, or regulation 6 shall not be operated for the transportation of passengers for hire until 7 the defect or deficiency has been rectified. In no case shall an unsafe 8 vehicle for hire be operated upon the streets, roads, and highways of 9 the city. 10 (4) All vehicle for hire drivers must display, in a conspicuous location 11 visible to passengers, their Palm Beach County issued driver's 12 identification card. 13 14 Sec. 24-3. Advertising: 15 16 (a) It shall be unlawful for any vehicle for hire company to 17 advertise vehicle for hire services and/or transportation services without 18 obtaining and maintaining a current and valid vehicle for hire City of Boynton 19 Beach Occupational License, Palm Beach County business permit and Palm 20 Beach County vehicle decal (s) pursuant to the provisions of this article. Any 21 advertisements of any vehicle for hire business shall clearly and conspicuously 22 disclose the vehicle for hire Palm Beach County business permit number. The 23 permit number shall be preceded by "PBC". 24 (b) With the exception of limousines and executive sedans, 25 each vehicle for hire shall clearly display on the exterior of the driver and 26 passenger side of the vehicle, letters at least two (2) inches high and in 27 contrasting colors, the vehicle for hire company's name, telephone number 28 and Palm Beach County business permit number. The permit number shall be 29 preceded by "PBC". 30 (c) All taxicabs shall conspicuously advertise their meter rates 31 on the exterior of the vehicle and metered drop rate must match the advertised 32 rate. 33 q-~.a ~1;~ aa~--~. ~ ,Ua ~,., :~ ha~a~.~, ~ .... ,U ....*U^.4* ....a :~ :~.~.ea tV, watch 37 42 43 S~. 24-4. Prohibited conduct of public vehicle drivers. 45 (a.) It shall be unlawful for any driver of a public vehicle to: 46 (1) Violate any of the terms, provisions or directions of this Chapter; 47 (2) Fail to keep a written manifest of all trips, which record shall give 48 information as to the time of each trip, the starting and ending point of 49 each trip, together with the number of persons carried. The manifest 50 shall be available for the inspection by the Police Department of the 5] C!ty at all times and shall be kept available for a period of not less than S:\CA\Ordinances~Building~Revi$ion 041204 - Taxicabs.doc 1 one year_. 2 (3) 'Fail to report promptly all accidents to the Police Department. 3 (4) Fail to report to the. Occupational License division of the City any 4 changes in driver status within five working days. 5 (5) Fail to give a receipt for 'fares when requested by passengers. 6 (6) Oper[,~e a vehicle for hire for more than 12 hours of any continuous 7 24-hour period. 8 (7) Operate an)' vehicle for hire while any article is on, upon or attached to 9 the running board, tender, hood or door thereof. All articles and 10 baggage or bicycles catTied by vehicles under this Chapter shall be 11 wholly within such vehicle, except that transporting of 12 baggage/bicycles securely fastened in ba~eaee/bicycle racks safely 13 attached to any licensed vehicles shall be a permissible practice. 14 (8) Leave unattended while parked, any animal used for an animal-drawn 15 vehicle for hire. 16 17 18 Sec. 24-5. Certificate ._~.no.,:.-. :_r .... ,.... -.~-~ ......Vehicle for Hire 19 Occupational License 2o 21 (a) An application for a ~'-~"-'~ ^~ ...... ; .... '~ ......~,.. ............. public,.,~... .. -'..,..~-'. ,... ~. ,~ ......... j a vehicle 22 for hire occupational license shall be filed with the appropriate City 23 department city cc'anci! upon forms provided by the city; such application 24 shall be verified umter-oa~and shall furnish the following information: 25 (1) n-~. .... ppli 's ....... ~,e ............ a cant name and name 27 under which the applicant is providing the vehicle for hire service; 29 applicant's local business address; (3) ..... 32 number, make, model, year of manufacture, and specific color scheme 33 of each vehicle for hire operated by the applicant. .~u~, Th, vehicle identification number and license tag for each 36 vehicle for hire operated by the applicant. 37 (5) Proof of liability insurance as required by this Chapter. 39 (b) Each applicant for a vehicle for hire occupational license shall employ only 40 those drivers who have been issued a vehicle for hire Palm Beach County 41 driver's identification badge pursuant to Chapter 19, Section 19-217, Palm 42 Beach County Code of Ordinances, as may be amended from time to time. 43 The applicant shall provide coPies of each identification badge for each of the 44 applicant's drivers along with a current and valid chauffeur's driver's license to 45 the City upon .receipt from Palm Beach County, within 7 working days of the 46 issuance of a City Occupational License or an occupational license application 47 renewal to the City's Occupational License Office. Any changes to driver's 48 status shall be reported to the City's Occupational License Office within ten 49 (10) working days of the status change. 50 51 (c) The City may deny or revoke an occupational license issued to an applicant for S:\CA\OrdinanceskBuilding\Revision 041204 - Taxicabs.doc I vehicles for hire, if it is determined that the applicant has misrepresented, 2 omitted, or concealed a fact on the application, renewal application, or 3 replacement application. The applicant shall be given written notice of the 4 proposed action to be taken and shall have the opportunity to appeal the 5 revocation to the City Manager. 6 7 (d) An occupational license shall only be valid for the vehicle for hire person or 8 company to which the City issues the occupation license. The license is 9 transferable; however, any change in name or business structure, must meet all 10 requirements of this Chapter. 11 12 Sec. 24-68. Vehicle Safety and Operational Requirements. [ 13 14 Each applicant for a vehicle for hire occupational license shall comply with the 15 Vehicle safety requirements pursuant to Chapter 19, Sections 19-218 and 19-219, Palm 16 Beach County Code of Ordinances, as may be amended from time to time. 17 r~ 147 ,k~ ~;, ....... ~41 ~,4~ ,h~, 20 the city council, ,u~ ,un ~;, ........ a o~,.n; ........ .-,m,..,,~ o,.,;..~, tu.~ n.m~ and address of 24 28 maintain "~m'm~ ""fi ......... ~v ........ accurate .... 29 33 mrc ............... or 37 38 39 49 S:~CA~nances~uilding~evision ~12~ - T~cabs.d~ 1 ,.~,~., ......~. ...... t-,~4 .........,~,~4 ~.., ,~,~ ~ty council ;f t~s holder *~ .... ~ ~o ~ v~c!ated 4 5 8 gc 45, ***~ m~ g ~n 9 10 Sec. 24-78. Liabilily iasutaace required. 11 City 12 The sb~] not issue an occupational license ~ *~;~*~ *~ ~-~; ..... n .......~ ........ ~;uad ~or shall a vehicle for hire business be pe~tted to confinue~ in 14 operation unless there is in full force ~d effect a liability insur~ce policy for each vehicle 15 authorized in the ~ount of five hundred tbous~d do]]~ ($5~,0~.~) combined sin~e 16 ]i~t cove~ng bodily inju~ per person; bo~ly inju~ per accident; and pro~y d~age ~r 17 ~cu~ence. S~d liability insurance sh~] inure to the ~nefit of any ~rson who sh~] 18 injured or who sh~l sust~n d~age to prope.y proximately caused by ~e negligence of a 19 holder, his secants, or a~ents. A copy of the liability insurance policy sb~] 20 sub~tted to ~e City's Occupation~ ~cense Office at ~e time of application or renewal of 21 the applic~t's occupational license~ ~n t~e offic~ of *,~a c~ty'~ cccu~afion~ 22 ?~2n~tmtor ~d instance shah be with a comply authorized to do business in the State of 24 a~ ~ 25 26 27 Sec. 24-~. License fe~ prerequisite to continuance of operation. 2g 29 An in&vidu~, or comply shall not be pc~tted to operate a ve~cle for hire 30 business within the CityNo ............ ~;n~,~ ~ .,,uuv ..... ..... c .... ~-i~n~e ~r necessity ~hall be ~-*: 31 ~ unless the ~ndividufl or comply '&ereof has p~dpays ~the ~nu~ 32 ~cupafional license fee as provided in Chapter 13 of this Code for the fi~t to engage in the 33 vehicle for hire t~c~ business. Such occupafionfl license f~s shill be for the license ye~ 34 ~d sh~l ~ in ad~tion to ~y other license fees or ch~ges established by pro~r au~ofity 35 ~d applicable to the holder of the vehicle or ve~cles under his operation ~d consol. 37 39 41 42 Sec. ~-~. Driver to have chauffeum license. 43 ~ NaA ~rson sh~l not operate a t~ica~vehicle for hke u~n the s~eets of the ~ity 45 ~d ~g ~mon who owns or consols a tmxicabve~cle for him sh~l not ~t ~e ve~cle 46 for ~m to be sc ~ven wit~n ~e City, ~d ~g t~xicabvehicle for hke, ~cen~d by ~e ci~, 47 shill not ~ ~ven at ~y time for hire, unless the ~ver of ~e ~icabve~cle for ~e 48 ~bt~ns~ ~d hol~ mud s?n" .... *~ :- v ...................... a cu~nt ~d v~id chauffeur's 49 license issued by ~e State of ~ofida. MI driver's ~censes for fll ~vem of ve~cles for 50 sh~l ~ sub~tted by ~e applic~t to ~e City's Occupafion~ ~cense ~ Office a~ 51 the time ~e in~vidu~ or business applies for or renews ~eir ~cupafion~ license, and S:XCAX~n~c~ffil~n~ehsion ~12~ - T~.d~ 1 throughout the year. All City Occupational License applicants shall supply copies of the Palm 2 Beach County issued Driver's Identification Badge, satisfying the requirements pursuant to 3 Chapter 19, Sections 19-221, Palm Beach County Code of Ordinances, as may be amended 4 from time to time. tc,^n~ 5 7 9 11 13 ~6 17 18 20 21 23 27 29 31 38 45 SACAX~c~uil~g~c~sion ~12~ - T~cabs.d~ this 6 8 17 22 suspen~."~.~ ....... o e 23 25 ~w~c~ ~ ..................... 26 0 ~ .......... z ..... 3o 19 31 35 lO<Q g O~ lA- ~A NT~ ~ 36 37 38 S~. ~-1~22. Duty to ~ve receipt. 39 40 ~e ~ver of ~y *~:~" ' 41 p~sengeh ~rovide to s~b~e passenger a receipt for ~e mount ch~ged, eider by a 42 mechmc~ly printed receipt or by a specially prepmd receipt on wMch sh~l ~ the nme of 43 ~e owner, ~cupafion~ license numar or ~ ch~ges: and date of ~saction. 45 46 See. 24-11~. Refus~ of p~senger to pay; intent to defraud. 47 48 It sh~l ~ unlawfM for ~y ~mon to refuse to pay ~e leg~ f~e of ~y of the veMcles fo~ 49 Mre mentioned in ~is chapmr ~ter having hired ~e sine, ~d it sh~l ~ unlawM1 for ~y 50 ~rson to hire ~y veMcle herein defined wi~ intent to defraud ~e ~mon from whom it is 51 Mred of the vMue of such semice. S ACAk~n~ces~ui~ng~ehsi~ ~ 12M - T~ca~.d~ 1 2 Sec. 24-1294. Manifests required. 3 4 Every driver of a vehicle for hire shall maintain a daily manifest upon which are recorded 5 all trips made each day, showing time and place of origin and destination of each trip and 6 amount of fare, and all such completed manifests shall be returned to the owner of the vehicle 7 for hire .by the driver at the conclusion of the driver's workday. ............. /. The forms 8 for each manifest shall be furnished to the driver by the owner of the vehicle for hire. 9 o.,~-°h"n ~.~.,~ v."~ a ~..~"h .... ...... · .......... rr ...... ,4 k.,j ,~,,~..~ ~--J";* ........ .... ~..~.u.. Every holder of an occupational license 10 ,.~.-.mo..~ of ~.a.n ........ ; ......,4 necessity shall retain and preserve all driver's manifests 11 in a safe place for at least one the-calendar year~ -~--* ..... ,4~- *~' ....... · -'-~-'-',4 ....... and 12 such manifests shall be available to the eCity upon request.,~..,~tr"-,4'- 13 18 22 23 25 No A.4 ..... k.ll sol.o.t ~.* ...... ;-- ,.~ .... Or ......... ,.'n ........... t- ....... ~, ......... .,-,~, ..... ., s:gn or _. any Y .... vel'son ~r ............................. J t-' ....... , 26 manner anne 29 fight ' · 35 38 40 41 SeC. O~ O9 m~b;~ ~AA;*;~I 46 47 S:\CA\Ordinances~BuildingkRevision 041204 - Taxicabs.doc 1 2 3 Sec. 24-1_3-30. Number of passengers. 4 5 NoA driver of a vehicle for hire shall not permit more persons to be carried in the vehicle 6 for h~re,,, ........ as passengers~ than the rated seating capacity of the vehicle for hire. 8 previzusly 13 15 18 engage in selling .............. o --~ ....................... ~ ~ mn)' ........ ... repute or ":~ ~ ~s 19 vehicle for tony pu~cse~...~.~*h~- ,u~..._. ,h~...~ ,~..ow.....e~;.. cf passengers. (Code 1958, ~ .°7 17) 20 22 e,,h;~., ,~ ,~ _n .... a ..... ~,; .... c ,~ o; ........u ;, ~I be ~a'-'f:-~ Car any pem0n ~ua ................... ~ ................ tj 24 ~;~a *~ ~. :.o~.~a_~; ......... u *~:~ ..... * ..... ~:~.. c~ .u;~. ~a~ -~,~ nc~ ~ o7 22) 25 28 ,~, ~o ~ ..... ,~];~a ~ ~;+~ ....... ,~.a ..... u ~ ~,~. /~od~ ~ nc8 ~ o7 ~ ~ 29 30 31 Section 3. Each ~d eve~ other provision of ~e ~nd Development Regula~ons 32 not herein specifically ~ended, sh~l rem~n in ~l] force ~d effect as ofi~na]]y adopted. 33 Sec6on 4. All laws ~d orffin~ces applying to the City of Bo~ton Beach in 34 conflict with any provisions of this orffin~ce ~e hereby re~ed. 35 Section 5. Sho~d ~y sec~on or provision of this ~din~ce or ~y poffion 36 ~ereof be decided by a cou~ of core,tent j~sffiction to be inv~id, such decision shah not 37 affect the reminder of ~s Or~n~ce. 38 Sec~on 6. Au~ofity is hereby ~ven to co~fy ~s Or~n~ce. 39 Section 7. ~s Orffin~ce sh~l become effec~ve i~e~ately. 40 ~ST ~~G t~s ~ day of ,2~. 41 S;\CA\Ordinances~BuildinghRevision 041204 - Taxicabs.doc ! SECOND, FINAL READING AND PASSAGE this __ day of 2 ,2004. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 1o 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 ATTEST: 20 21 22 City Clerk 23 24 ~:\CA\OrdinancesXBuildingXRevision 041204 - Taxicabs.doc XlI. - LEGAL CITY OF BOYNTON BEA TE 4 B.2 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May4,2004 April l9, 2004 (Noon) [] July6,2004 June l4, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal O17 ~-~r~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation -r- [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve Solid Waste Ordinance Revisions - Chapter 10 - Garbage, Trash and Offensive Conditions EXPLANATION: The Public Works staff along with Code Compliance have revised ordinance provisions related to garbage and trash within the City of Boynton Beach. This was done for two primary reasons: 1. For the last two years, auditors have found that the expenses for Solid Waste services have nearly exceeded revenues. Therefore, in addition to previous operation cost cuts, it is necessary to evaluate sources of enhanced revenue. Staff is recommending increase to multi-family and commercial collection rates. 2. Staff has found many outdated provisions within the Solid Waste Code that make it extremely difficult for Code Compliance staff to enforce a number of provisions throughout the community. Specifically, staff has evaluated the time frame in which bulk trash can be placed at the curb in response to homeowner's concerns about the aesthetic conditions throughout the City. PROGRAM IMPACT: See attached Exhibit A (memorandum/104-052) FISCAL IMPACT: See attached Exhibit A (memorandum #04-052) ALTERNATIVES: Elect not to approve the changes and continue to work within the current Code. Direct staff to evaluate potential cuts to maintain a balanced Solid Waste Fund. ~ 'De~ hnent'He/d~ Signature e Department Name City Attorney / Finance / Human Resources S 5BULLETINX, FORMSX, AGENDA ITEM REQUEST FORM.DOC I ORDINANCE NO. 04 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA AMENDING CHAPTER 10. 5 GARBAGE, TRASH AND OFFENSIVE CONDITIONS, 6 PROVIDING FOR RATE MODIFICATION AND 7 CLARIFICATION OF LANGUAGE; PROVIDING FOR 8 CONFLICTS, SEVERABILITY, CODIFICATION AND 9 AN EFFECTIVE DATE. 10 11 WHEREAS, over the past several months staff has met and reviewed the Code for 12 the purpose of revising provisions related to garbage and trash within the City of Boynton 13 Beach; and 14 WHEREAS, it has been determined that over the past two years, the Solid Waste 15 fund balance, has exceeded revenues received for the services provided; and 16 WHEREAS, staff has looked at all options available to evaluate sources of enhanced 17 revenue, as well as identifying outdated provisions within the Solid Waste Code that make it 18 extremely difficult for Code Compliance staff to enforce a number of provisions throughout 19 the community; and 20 WHEREAS, the City Commission has determined, upon recommendation of staff, 21 that Chapter 10 Garbage, Trash and Offensive Conditions be amended to provide for a rate 22 modification, as well as by deletion of outdated material and clarification of sections of the 23 Code, which will enhance the efforts of all City departments to work together. 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. Each Whereas clause set forth above is true and correct and 27 ~ncorporated herein by this reference. 28 Section 2. That Chapter 10 Garbage, Trash and Offensive Conditions is hereby 29 amended by adding the words and figures in underlined type, and by deleting the words and 30 figures in struck-through type, as set forth in Composite Exhibit "A" attached hereto and 31 made a part hereof. 32 Section 3. Each and every other provision of Chapter 10, not herein specifically 33 amended shall remain in full force and effect as previously enacted. 34 Section 4. All ordinances or parts of ordinances in conflict herewith be and the S:XCA\Ordinances\draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 1 1 same are hereby repealed. 2 Section 5. - Should any section or provision of this ordinance or portion hereof, 3 any paragraph, sentence or word be declared by a court of competent jurisdiction to be 4 invalid, such decision shall not affect the remainder of this ordinance. 5 Section 6. Authority is hereby granted to codify said ordinance. 6 Section 7. This ordinance shall become effective during the first full billing cycle 7 after the adoption of the Ordinance on Second Reading. 8 FIRST READING this __ day of April, 2004. 9 SECOND, FINAL READING AND PASSAGE this day of 10 ,2004. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor 16 17 18 Vice Mayor 19 20 21 Commissioner 22 23 24 ATTEST: Commissioner 25 26 27 City Clerk Commissioner 28 29 (CORPORATE SEAL) 30 31 32 S:\CA\Ordinances~lraft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditkms.doc 2 I COMPOSITE EXHIBIT "A" g 3 Chapter 10 4 5 6 GARBAGE, TRASH AND OFFENSIVE CONDITIONS* 7 8 9 Art. I. In General, §§ 10-1--10-21 lO 11 Art. II. Refuse, Garbage and Trash, 8§ 10-22--10-49 12 13 Art. III. Abandoned Property, 88 10-50~10-54 14 15 Art. IV. Reserved, 88 10-55--10-61 16 17 *Cross references e..;,.,;~. Solid Waste placed within ,~cFa ..... cn, Department of 18 Fu~!ic Public worlcsWorks, 19 § 2-2; removal of dead animals, §§ 4-10, 4-11; nuisances arising from keeping of animals, § 2o 4-13; open burning, § 9-3; stench bombs and other offensive matter, § 15-11; litter, § 15-26 21 et seq.; disposal of refuse and trash on beaches and in parks, § 16-49. 22 23 24 25 ARTICI dE I. IN GENERAL 26 27 28 29 Sec. 10-1. Reserved. 30 31 Editor's note-Section 2 of Ord. No. 88-39, adopted Sept. 7, 1988, repealed former § 10-1, 32 which pertained to penalties and derived from Code 1958, § 13-42. 33 34 35 36 Sec. 10-2. Lands to be kept free from trash or filth. 37 38 The owners of lands within the c-it-y-City shall keep the samoland and one-half of any 39 abutting street, alley or easement free from any accumulation of trash or filth, broken tree 40 limbs or branches, uncontained garbage or refuse, any containers or materials which could 41 hold or conceal pools of water, and heavy dense or dank growth of weeds, grass, underbrush, 42 palmettos, Florida holly trees, or other uncultivated vegetation, or other dead or living plant 43 life, which might constitute a fire hazard, serve as a breeding place for or harbor insects, 44 rodents, wild animals, snakes or other pests or vermin, or-give off an offensive odor, or which 45 otherwise is considered to be a hazard to the health and safety of individuals residing or 46 working on neighboring property and the general public, [,vhic-h]which, shall in each S:\CA\Ordinanccs~lraft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 3 1 constitute a nuisance when any parts or accumulation of growth are located within fifty (50) 2 feet of the boundary of any developed or maintained adjacent property located in the 3 corporate limits of the City of Boynton Beach. Ln t~e event accumnladon er growth ~- It is 6 further found and declared that said accumulation and growth are detrimental to the economic 7 welfare of the adjacent property, and injurious to the public safety, health and welfare of the 8 City of Boynton Beach and its inhabitants. Said nuisances also adversely affect economic 9 growth, stability and prosperity of said city and its inhabitants. It is further found and 10 declared that dense, undergrowth, weeds and vegetation either cultivated or uncultivated that 11 are allowed to grow so as to impede and obstruct the normal view of intersections, railroad 12 crossings or traffic signs from streets, roads and highways are traffic hazards and are hereby 13 declared to be a nuisance. (Code 1958, §§ 13-15, 13-18, 13-27; Ord. No. 80-27, § 1, 7-15-80; 14 Ord. No. 82-28, § 1, 9-21-82) 15 16 17 18 Sec. 10-3.Lands to be kept free from matter occasioning 19 hurricane hazards. 20 21 All lands in the c--i~City shall be kept free from debris, vegetation (including trees) or 22 any other matter, which by reason of height, proximity to neighboring structures, physical 23 condition~ or other peculiar characteristics, might, in time of hurricane winds, cause damage 24 to life or property within the immediate area surrounding the same. The existence of any 25 debris, vegetation or other matter as shall create such a hazard is hereby declared to be a 26 nuisance. (Code 1958, § 13-17) 27 28 29 30 Sec. 10-4. Inspection of lands to determine violation. 31 32 The c-it-y-City manager-Manager or ~is the designated representative shall, as often as 33 may be necessary, inspect lands within the city-City to determine if violation of this chapter 34 exists. (Ord. No. 89-47, § 1, 12-5-89) 35 36 37 38 Sec. 10-5. Notice of violation required. 39 40 If the c4W-City mamager-Manager or his the designated representative s?dl determines 41 that a public nuisance exists, in accordance with the standards set forth in these sections on 42 any lot, tract, parcel, or other real property, within the c-it-yCity, whether improved or 43 unimproved, hethe Cio/Manager, or the designated representative, shall fe~':,'!t~ notify the 44 owner of the property, as the ownership appears upon the last complete records of the county 45 tax assessor. The notice shall be given in writing by first class mail, postage prepaid, which 46 shall be effective and complete when properly addressed as set forth above and deposited in S:\CA\Ordinancesklraft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 4 1 the United States mail with postage prepaid, and shall be considered sufficient notice. In case 2 of multiple or joint ownership, service as herein provided on any one (1) owner shall be 3 sufficient. The personal hand delivery by the c4ts~ity roarer-get-Manager or ~2s the designated [ 4 representative in lieu of mailing shall be equivalent to mailing. In the event that the mailed 5 notice is returned by the postal authorities, the c4t-y-City ~Manager or ~is the 6 designated representative shall cause a copy of the notice to be se~wedhand delivered upon the 7 occupant of the property, or upon any agent of the owner thereof. In the event that personal 8 service upon the occupant of the property or upon any agent of the owner thereof cannot be 9 performed after reasonable search, the notice shall be given by a physical posting of the 10 notice on the subject property. (Ord. No. 89-47, § 2, 12-5-89) 11 12 13 14 Sec. 10-6. Content and form of notice. 15 16 (a) The Notice provided for in section 10-5 shall notify the owner of the land of the 17 following: 18 19 (1) That/it has been determined that a public nuisance exists on ~isthe land, [ 20 and what constitutes that nuisance. 21 22 (2) That ~the owner of the land shall have a .... '~' ~ no more than ten 23 (10) days .....~'~ 25 from ~e date of receipt of ~e notice to remove ~e con~tion causing the 26 nuis~ce on the land. 27 28 (3) That gf the con~tions ~e not co~ected or removed, the ~ity sh~l 29 have them con~tions co~ected or removed at ~e expense of ~e owner, 30 including, but not li~ted to ~1 a~nis~afive and ins~cfion costs: of 32 33 (4) ~at ~e owneris~ have no mom than a ~o~ .............. ~ ...... ~ .... des ated ........ +"+;"~ from ~e 36 date of ~eceipt, er deliver, or posting of ~e notice to bring ~e 37 pro~y into confo~ance with ~e Citg's Code of Ordnances, to file a 38 written ~appeE mwi~ the ~it? ~M~ager or designee 39 for a hemng ~fore a ~ee-person appe~ p~el. 5c-~e t~-~mon 40 ap~ panel w~2c~ shall be composed of the ~it? ~M~ager, 41 the ~Dkector of puSllc ~blic wcr~wWorks, ~d ~e ~~e 42 ~ompli~ce a~ffia~crA~nis~ator, or ~eir desi~ees: 43 ~e., w~ic~ he~ng ~g~ng the owner's ap~ sh~l be held wi~n ~ five (~ days of the date ~e ~fifion is received by ~e city City 45 ~M~ager. 46 SACAX~dinan~ or~ce~apt~ 10 - G~bage, T~h ~d ~emive Con~fio~.d~ 5 1 (5) That the written appeal shall address the following issues: 2 3 (a) Whether the conditions do in fact exist; 4 (b) Why the City should not abate the conditions on the property, c-itq-at 5 the expense of the owner, and 6 (C) The time limits for the abatement. 7 8 4-5-)(6) That the source of the condition shall not be a defense against the 9 requirement that the condition shall be abated by the owner. 10 11 ~r~xcT'~..,~., That tif:_ after a hearing~ the board determines that the conditions which 12 exist on the property constitute a public nuisance, the board may grant the 13 owner of the property such ~additional time ~ ..... as the board should deem as 15 appropriate to correct or remove the conditions after which the c-4ty-Cit¥ 16 shall have the right to have the conditions abated at the expense of the 17 property oWner. If the owner does has not requested a hearing within the 18 designated time allottedl~-(4g)-d~ys, the c-i;y-City shall have the right to 19 have the objectionable condition corrected or removed at the expense of 20 the owner. If the ~ity has the condition abated and payment is not 21 received within thirty (30) days after the mailing of a notice of assessment 22 for the cost of the work together with all costs of inspection and 23 administration, the eCity shall have a lien placed against the property for 24 the cost of the work, including inspection and administration costs, plus 25 interest at the rate of eight percent (87_~_) per annum, ~ plus 26 reasonable attorney's fees, and other costs of collecting the sums, without 27 further heating by the board or commission. 28 29 e ......... ,a ...... .,, ............................. .~ ............. 30 31 32 33 ~trvt'tr~,2 /"~1~' DTT'I~T To ~I~-I~Y~S A~NC12 34 35 36 37 38 TO: 39 41 42 45 S:\CA\Ontinances~h'afi or41n~nce\Chapter 10 - Cembage, Trash and Offensive Conditions.doc 6 1 7 9 16 22 .~ .............................................. OWE~r. 2~ · . ~,; ~j ............ r~V ................ j 40 42 43 BY: 45 (Ord. No. 89~7, ~ 3, 12-5-89; Ord. No. 02-033, ~ 1, 8-20-02) 46 S:XCAX~~ or~X~p~ 10 - G~bage, T~h ~d Offe~ive Con~fio~.d~ 7 1 2 Sec. 10-7. Hearing. 3 4 (a) The owner of the property shall have the right, to file a written petition with the ........ a '~ 'm 5 City Manager for a hearing no later than ..,;.u;. ma:.imu- o 7 the r~;.., xa ........,~.~ .~..o;......-.~ ........ *"*;"~ from the date of the notice of 8 public nuisance provided for in this chapter._ to _..~'~ a ..,.4.........~.. .... ...... ~ ..... a The being sh~l be held before a ~ee-person bo~d ~0 composed of the ~it~ ~Manager, the ~Director of pu~l~c ~blic 1 ~ wo~k~ Works~n~neer ~d the ~Code ~ompli~c~ w .....~e hemng shall ~ held 12 ~ .......... A~ms~ator, or ~eir desi~ees~, 13 no later th~ within ten (10) days ~ter the City Manager receives the pefifion.~ 15 16 ~) The issues to be dete~ned at the he~ng ~e whether the con~tions do in hct 17 exis[ ~d why ~e conditions should not be abated by the~.~;*-' 18 of the owner, ~d the time li~ts for the abatement. The source of the condition 19 sh~l not be a defense ag~nst the requirement that the con~tion sh~l be abated by 20 the owner. (Ord. No. 89-47, ~ 4, 12-5-89; Ord. No. 02-033, ~ 1, 8-20-02) 21 22 23 Sec. 10-8.Abatement by ~ity; notice of estimated cost. 24 25 (a) ff~ ~ter a hemng, as provided for in section 10-7, ~e bo~d detemnes that the 26 conditions w~ch exist on the pro~y constitute a public nuis~ce, the owner of 27 the pro~y sh~l have an a~ticn~2 m~mam cf seven., 28 suc~addiiton~ time as the bo~d should deem as appropriate to remove or co~ect 29 the con~tions, Mter which the ~ity, ~ ..... h .h~ ~:....~:~o.~.. .... agents er 30 ~.~.~.~.o u;~ u~..u~ ~,., .a~;o....~ sh~l have the d~t to have the 31 con~tions abated at ~e expense of ~e pro.ny owner. ~ the owner has not · ..;,~: ....... t~ a .... ,u~ ~,~,.~a ,;~ the ~ity 32 requested a he.ny .............. t. J ~a ................. . . 34 ~..~...~..~..~..,"~;-;"*'~*;~ sh~l have the right to have the obj~tionable con~tion co~ected 35 or removed at ~e ex~nse of ~e owner, ff ~e ~ity has ~e con.riCh abated 36 ~d pa~ent is not received wi~in t~.y (30) days ~ter the m~ling of a notice of 37 assessment for ~e work together with ~1 costs of inspection ~d a~nisffafion, ~ity 38 ~e sh~l ~sess ~e costs h .... ~;~ ~ ~;_~. 39 cost of the work, ag~nst the pro~.y as provided in ~s Chapteh inclu~ng 40 inspection and a~nis~afion costs, plus interest at the rate of ei~t pement (8~ 41 ~r ~num~, plus reasonable attorney's fees, ~d o~er costs of coll~fing 43 ~ ~) e ..... t~x ~ .... p~dor to the con~on ~ing co~ected by 45 ~e ~ity, notice sh~l be delivered or sent by flint cl~s m~l, ~stage prep~ ¢o 46 ~e owner appdzin~o~fCng ~e owner of the es~mated cost of abating ~he S:~CA~~ ~ina~X~ 10- G~ge, T~h ~d Off~ive C~fio~.d~ 8 ~ath g ad .............. exerc:s:ng ................ ; ~rease -~.,; .... e,~;o ~.~-,~- (Ord. No. 89-47, ~ 5, 12-5-89) 9 vt .................. e 10 11 12 ......... ~ ~ ~ 13 fo ze~,iccs ~ 15 2o re .................... a ee.~ e ~ ................. rice 22 32 00% 33 34 36 40 41 42 Sec, 10:11~.Ass~sment of cos~, inter.t, and attorney's 43 f~; lien. 45 As soon as possible ~er the abate~nt t~es place. ~he ~ity Oty ............. omss]on the cost of the abatement, 46 ~M~ager sh~l repo~ to ~e ' 0~:0-;~- ~ ' ' SAgA[~nan~ ~X~p~ 10 - ~age, T~h ~d Off~ive C~fi~.d~ 9 1 including the costs of inspection and administration. Thereafter, the con'm'2ss~cn ~ity 2 Commission shall~ by resolution~ assess the costs against the subject parcel. This resolution 3 shall describe the property assessed, show the costs of the abatement, including costs of 4 inspection and administration, and indicate that the assessment shall bear interest at the rate 5 of eight percent (87~_) ~ per annum plus, if collection proceedings are necessary, that the 6 property owner would be required to pay the cost of the proceedings including a reasonable 7 attorney's fee. This resolution shall become effective thirty (30) days from the date of 8 adoption, and the assessment contained therein shall become due and payable thirty (30) days 9 after the mailing date of the notice of the assessment. In the event that payment has not been 10 received within thirty (30) days after the mailing date of the notice of assessment, the c4t-y 11 City c-4~4~Clerk shall record a certified copy of the resolution in the public records of Palm 12 Beach County, ~and upon the date and time of recording the certified copy of the 13 resolution, a lien shall become effective on the subject property which shall secure the cost of 14 abatement, including costs of inspection and administration, and collection costs including a 15 reasonable attorney's fee. At the time the c4t-y-City ~lerk sends the certified copy of the 16 resolution for recording~ the Clerk shall also notify the property owner that the City is 17 recording a certified copy of the resolution in the public records of Palm Beach County.a 19 20 26 TO: 27 28 ADDRESS: 29 30 ~ ~h foud 43 ~ C~Y QF ~Q~OH ~EACH 45 46 ~v. S:XCAX~~ ~X~ 10 - G~age, T~h ~d Off~ve ~fio~.d~ 10 2 (Ord. No. 89-47, § 8, 12-5-89) 3 4 5 Sec. 10q210. Enforcement of assessment. 6 7 The c4D~ity may enforce the assessment by either an action at law or foreclosure of 8 the lien provided in section 10-11, which shall be foreclosed in the same manner as 9 mortgages are foreclosed under state law. In either type of action, the city shall be entitled to 10 interest at the rate of eight percent (87~_) per annum pete--em-from the date of assessment, in 11 addition to collection costs, and reasonable attorney's fees. 12 (Ord. No. 89-47, § 9, 12-5-89) 13 14 15 Sees. 10:!311~10-21. Reserved. 16 17 18 19 ARTICIJE II. REFUSE, GARBAGE AND TRASH* 20 21 *Editor's note-Ord. No. 82-29, § 1, enacted Sept. 21, 1982, repealed fortner Art. II, §§ 10- 22 22--10-39, relative to refuse, garbage and trash, and enacted in lieu thereof a new Art. II, 23 pertaining to the same subject matter. Former Art. II was derived from Code 1958, §§ 13-2-- 24 13-6, 13-9, 13-11, 13-13, 13-33--13-41, and Ord. No. 80-20, § 1, adopted June 3, 1980. 25 26 27 Sec. 10-22.City to collect and dispose of garbage; 28 supervision; regulatory authority. 29 30 All refuse, garbage~ ami-some-trash of all types, ~nd b,v,~ic'.qt'.'.rn~ refu~evegetative 31 trash, recycling, construction and demolition material accumulated in the c4EM2i _ty shall be 32 exclusively collected, conveyed and disposed of by the city-City under the supervision of the 33 public wc, rks ~mct,vrDirector of Public Works. The ~ublic works '4,2rectcr Director of Public 34 Works shall have authority to make administrative regulations concerning the days of 35 collection, type and location of waste containers and such other matters pertaining to the 36 collection, conveyance and disposal not otherwise set by the eity-City 37 Commission or the c4ty-City mamvger-Manager as he shall find necessary, and to change and 38 modify the same after notice as required by law, provided that such regulations are not 39 contrary to the provisions hereof. 40 (Ord. No. 82-29, § 1, 9-21-82) 41 42 43 Se.l:. 10-23. Definitions. 44 45 For the purpose of this article, the following words and terms are defined as follows: 46 S:\CA\Ordinances'~lraft ordinance\Chapter lO - Garbage, Trash and Offensive Conditions.doc 11 1 Additional pickup means a collection of garbage, combustible trash, noncombustible 2 trash~ or yard vegetative trash, or bulk trash required due to the inappropriate 3 container, lack of containerization and/or size or type of material placed out for 4 pickup. Service charges shall be assessed against the customer for additional pickups. 5 6 Commercial means any public or private places, building and/or enterprise or of 7 business devoted in whole or in part to a business enterprise, whether nonprofit or 8 profit-making in nature, including, but not limited to hotels, motels, restaurants, 9 offices, industries, stores, markets, theaters, hospitals and other institutions locations 10 which hold themselves out to the public as places of business, services or 11 accommodations. 12 13 Containers or receptacIes/S..^ ......... ~. ..... ks ,~ P~mi!v : 14 15 "Nonc0ntainerized" means the use of a ............ ., ..... xoo~ e, ........... 19 into a s~nitaSon ve~ic!e "roll-out cart" provided by the City for the use of garbage 20 collection purposes. The cart as defined will be of a special design and 21 construction as to allow for the mechanical or automation of collection of garbage. 22 2s (2) "Containerized" or "Dumpster' means a detachable metal container provided by 24 the city designed and intended to be mechanically dumped into a packer-type 25 sv. vJtat~on Solid Waste vehicle and varying in size from two (2) cubic yards to 26 eight (8) cubic yards adaptable to city-City equipment. This type receptacle is 27 normally associated with collection service for Commercial or Multifamily 28 developments. 29 30 (3) "Containerized or Dumpster with wheels" are containers supplied by the 31 occupants, business, or institution who choose to use them inside buildings and 32 roll them to the designated outside location for pickup. This type receptacle is 33 normally associated with multifamily or commercial developments. 34 35 (4) "Compactor" is a mechanical device to accept garbage, trash, and other types of 36 materials, mechanically press or compact the material into a more dense form, and 37 to be serviced by City trucks designed for such operations. The compactor shall be 38 the property of the business, institution, or customer, and shall not be owned, 39 maintained, or repaired by the City. The City shall service the compactor to the 40 extent of collecting and disposal of the material, and will not be responsible for 41 the mechanical operation, repair, energy to operate~ or longevity of the device. The 42 customer shall be responsible for consulting with the City prior to purchasing a 43 compactor to assure the compactor and the City trucks used to service the 44 compactor are compatible. Failure on the part of the customer to conduct Such 45 coordination shall not waive the requirement that the compactor is to be serviced 46 by City equipment. The City will bear no responsibility for modifying either the S:\CA\Ordinances'Rtll~ ordinance\Chapt~' 10 - Garbage, Trash and Offensive Conditions.doc 12 1 compactor, or its equipment to offer the necessary service. This type receptacle 2 can be associated with commercial, mobile home parks, or institutional type of 3 customers. 4 5 (5) "Roll-out garbage carts" are specialized garbage carts provided exclusively by the 6 City as a part of the residential garbage collection service. The carts are of a 7 design that would allow the City to mechanically collect the garbage, or to 8 automate the garbage collection process. 9 I0 (6) "Roll-off containers" are various sized metal containers specially designed for the 11 collection of noncombustible trash, construction, demolition, cleaning, 12 renovation, industrial or garbage wastes, normally associated with construction 13 projects or special events. The containers are provided by the City upon request 14 and qualification of the customer, and shall be serviced by the City exclusively on 15 an as needed basis. 16 19 2O Dispose means to deliver to approved landfill or transfer station or other approved 21 disposal method. 22 23 Director of Public Works means the Director of Public Works and/or the duly 24 authorized agent. 25 26 Recycling means any process by which solid waste, or materials which would 27 otherwise become solid waste, are collected, separated, or processed and reused or 28 returned to use in the form of raw materials or products. 29 30 Refuse shall mean any or all of the following: garbage, combustible trash, 31 noncombustible trash, .~a .... .~ ~... j~.. vegetative trash, contaminated yard trash, bulk trash, 32 construction and demolition material, hazardous, industrial waste, infectious waste, 33 and recycling material. Such items are hereby further defined as follows: 34 35 (1) "Garbage:" Every accumulation of animal, fruit, or vegetable matter that attends 36 the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or 37 vegetables, and any other matter, of any nature which is subject to decay, 38 putrefaction and generation of noxious or offensive gases or odors, or which, 39 during or after decay may serve as a breeding or feeding material for flies or other 40 germ carrying insects; and any bottles, cans or other containers, except recyclable 41 containers, which due to their ability to retain water, may serve as a breeding 42 place for .mosquitoes or other insects. Garbage shall not include human solid 43 waste. Garbage is collected from each residential unit in the City twice a week, 44 and from each commercial establishment as requested by the customer or as 45 required by the Director of Public Works When public safety or appearance is 46 jeopardized. S:XCA\Ordinancesklraft ordinance\Chapter l 0 - Garbage, Trash and Offensive Conditions.doc 13 1 2 (2) "Combustible trash:" Accumulations of paper, rags or wooden or paper boxes, 3 sweepings, small appliances, ftj_mitur.e, toys, and other accumulations of a nature 4 other than garbage which are usual to housekeeping and the operation of stores, 5 offices, and other business places up to an accumulation of one cubic yard. 6 Accumulations of greater than one cubic yard of this material will be considered 7 as bulk trash. Combustible trash shall be collected on scheduled pickup days once 8 a week at all residential units throughout the City. 9 10 (3) "Non_-combustible trash:" Materials that are not burnable at ordinary incineration 11 temperatures, such as metals, mineral matter, metal furniture and auto bodies and 12 parts, dirt, bricks, paving and other types of building or demolition materials. The 13 City shall not collect non-combustible trash on a scheduled, routine basis. 14 15 (4) "Yard trash:" Shall mean vegetative matter resulting from ~ardenin~,_ _ 16 m,~..~.~..~.~.~.~~;~* ....... .nd !and c!em'ing ,...~.-~:,.~o..v ......... including accumulation of lawn, grass, 17 shrubbery cuttings, dry leaf rakings, palm fronds, small tree branches not to 18 exceed four (4) inches in diameter or four (4) feet in length. Accumulations of 19 subject material up to two cubic yards shall be considered as "yard trash". 20 Accumulations in excess of two cubic yards or the material, or shall be considered 21 as bulk trash. Yard trash shall be collected on scheduled pickup days. once a week 22 at all residential units throughout the City. All yard trash generated by privately 23 contracted yard services shall be considered as commercial material and shall be 24 disposed of by the private contractor responsible for generation of the material. 25 26 (5) "Contaminated yard waste:" Shall mean any yard and garden waste pile 27 containing material other than containerized grass or leaves, shrubbery_ cuttings, or 28 vegetative matter of any type incidental to the care of residential lawns and 29 gardens, including limbs and branches less than four (4) inches in diameter or four 30 (4) feet in length. 31 32 (6) "Bulk trash:" Shall mean large obiects and items, however not necessarily limited 33 to the following: washers, dryers, furniture (including mattresses and springs), 34 rugs, cabinets, wooden boxes, and other types of household items of size and 35 volume less than two cubic yards. Bulk trash Shall also include owner generated 36 construction debris less than one (1) cubic yard. Also included shall be trees, tree 37 stumps, and tree limbs less than four (4) inches in diameter and less than four (4) 38 feet in length except for palm fronds, and the accumulation of such yard waste 39 type material t~ssin excess of '~e~n two cubic yards. 4O 41 (7) "Construction and demolition material:" Commonly referred to as C&D debris, 42 shall be any byproduct material from either the construction or demolition or 43 remodeling, or repair of any type building, structure, or roadway, or driveway 44 materials. Material would commonly contain, but not be limited to, sand, building 45 materials, rubble, stone, brick, earthwork, paving materials, concrete, blocks, 46 wood, roofing materials or all types, metal, piping, asphalt, dirt, rocks, I-IVAC S:\CA\Ol-di/lances'~h-aft of~llnanc¢\Chaptgr 10 - Garbage, Trash and Offensive Conditions.doc 14 1 ducting, heating and air conditioning equipment, plumbing fixtures and the like. 2 This material will not be collected routinely by the City. The customer should 3 contact the Director of Public Works to schedule the removal, or arrange for a 4 roll-off container to be provided but the City. The cost of this service will be in 5 accordance with the type of materials and the cost of associated disposal. 6 7 (8) "Hazardous material:" Shall be any type material or product whose chemical or 8 biological nature make it dangerous to the human health if disposed improperly, 9 or that could cause harm to the environment. This includes any material which 10 requires special handling due to its acute or chronic effects on air and water 11 quality, on fish, wildlife, or other biota and on the health and welfare of the 12 public, including but not limited to explosives, pathological wastes, radioactive 13 materials, oil based paints, thinners, fluorescent bulbs, auto fluids, pesticides, 14 flares, pool chemicals, sl3arps or needles, batteries, and acidic, caustic, toxic or 15 highly flammable chemicals. The City will not collect hazardous material on any 16 regular Solid Waste services. Arrangements for the special disposal shall be made 17 by the customer for the proper, safe, and legal disposal of hazardous material by 18 calling the Solid Waste Authority. 19 20 (9) "Infectious waste:" Is any type of waste material resulting from the operation of 21 medical clinics, hospitals, abattoirs, and other facilities producing waste which 22 may consist of human and/or parts contaminated bandages, pathological 23 specimens, hypodermic needles, contaminated clothing and surgical gloves. The 24 City will not routinely collect infectious waste. Arrangements for special disposal 25 shall be made privately by the customer for the proper, safe, and legal disposal of 26 infectious waste according to standards within the relevant industry. 27 28 (10) "Recyclable materials:" Shall mean newspaper (including inserts), aluminum, 29 plastic containers, glass bottle and jars, milk and juice cartons, aseptic containers, 30 corrugated cardboard, brown paper bags, mixed paper, tin, and ferrous cans, 31 household dry-cell batteries (no wet-cell batteries) and other type materials that 32 have known recycling potential, can be feasibly recycled, and have been diverted 33 and source separated or have been removed from the solid waste stream for sale, 34 use, or reuse as raw materials, whether or not the materials require materials 35 would include items that are capable of being recycled and which would otherwise 36 be processed or disposed of as solid waste. Recycled material shall be collected on 37 a scheduled routine basis from each residential unit in the City. 38 39 Residential dwelling unit means any structure or shelter, house, apartment, building, 40 or any part thereof used or constructed as-~msid~,~for human habitation and shall 41 include bath and culinary accommodations for one or more families. 42 43 (1) "Single-family Dwelling:" means a residential dwelling unit designed to contain 44 only one (1) family, or any residential dwelling unit, or any number of residential 45 dwelling units receiving Solid Waste service for each individual dwelling unit. 46 S:\CA\Ordinances'~h'at~ ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 15 1 (2) "Multi-family Dwelling:" means a residential dwelling unit designed to contain 2 more than one family, and received containerized Solid Waste service. 3 4 Sa .......... suFcr¥isc~rDirector of Public Works means the dir-ec4or-Director ofv-~--~"""~;~' 5 Public ....... Works and his the duly authorized agents of the Director of Public 6 Works. 7 Sp pi kup · ..... n 8 ecial c is~e~4ee~io~shall be of materialsresulting ...... a ,~,~. from · ' ~ collect d v,~ektyro ti 1y S ~ pi ~ap W n ..... 13 works.,,~v,,,a~"*.-~-,. Special pickups will be coordinated with the resident and the 14 s-_n]taficn superv';sorDirector of Public Works as to time, place, date and items to be 15 picked up. Items to be picked up will not be deposited at curbside more than 24 hours 16 prior to ap~rc;'a! the scheduled of ~he s-~,itafion supe2:ise~pecial pickup. All special 17 pickups shall be at additional cost to the resident. An estimate of the cost of the 18 special pickup should be obtained by contacting the office of the Director of Public 19 Works. Special pickups will be made as soon as practicable upon acceptance of the 20 cost estimate by the owner. 21 26 (Ord. No. 82-29, § 1, 9-21-82; Ord. No. 92-12, § 1, 6-2-92; Ord. No. 94-28, § 1, 9-9-94) 27 28 29 Sec. 10-24.Single Family Residential nencen°~-.'ner:~ed 30 Refuse ee!!eet:'enCollection. 31 35 36 ~.-,t~-tr~w~ The c-C_ity will collect noncontainerized residential refuse under the following 37 conditions: 38 39 (1) Garbage an~ czm~usti~!e trag~ will be collected twice per week at curbside 40 only from each single family residential units,, in the City provided with roll- 41 out garbage carts. ^~"'~*'~-~'~'~ "'"*-' two ~" .... a, ............ ~a ~ags v .............. e acement o ouse o age in 43 a loose and uncontained manner on the roadside, swale or other locations 44 adjacent to the roadway with the expectation of collection shall be strictly 46 --...~'"~ ta,~,.~, ~ poun&. All material intended for disposal with the roll-out garbage S:\CA\Orflinances~lraft ordinance\Chaptex 10 - Garbage, Trash and Offensive Conditions.doc 16 1 carts shall be placed inside the cart, and the lid of the cart must be closed. All 2 ~refuse cans and carts shall be aboveground, placed off the strut, 3 but within three (3) feet of the curb or edge of pavement and shall be located a 4 minimum of Gve-(-5)three (3) feet from any obstruction that may interfere with 5 routine collection. Undergreund garb ~,,,, .... , ~.~ ~.~n .~. .......... .~ .... n~,;^~ ,~ .... Yard trash and 6 age ............ r .......... c:,- ..................... jo. 7 combustible trash will not be collected with household garbage, but will be 8 picked up once per week on a scheduled trash pickup day. Yard trash and 9 combustible trash capable of being containerized should be placed in a 10 standard garbage can, roll-out garbage cart, plastic bag, or disposable 12 Collection of yard trash should be piled separately from all other trash at 13 curbside. Any mixing of household garbage, combustible, noncombustible, or 14 bulk trash with the yard trash shill be strictly prohibited. Placing of yard trash 15 or combustible trash in the paved area of the street or on vacant lots is 16 pr e · ' d/spcsal Materials classified as hazardous material 18 ......... ,o c 19 will not be collected by the City. Household garbage, trash or any type of other 2o material intended for collection, shall not set out prior to 6:00 PM of the day 21 proceeding the scheduled pickup. 22 23 (2) All garbage cans provided by the individual customer shall be subject to 24 inspection and approval by the public ';,'arks ~rector Director of Public Works 25 or his-desig~lt~tesi~ee at all times. A container not approved by the publ~ 26 ~gr~e~Director of Public Works and which is set out for collection 27 will have a notice placed upon the container, handed to the owner or occupant, 28 or left at his residence and the occupant shall no longer use the container for 29 collection. 3O 34 38 39 (4-)(3) Special waterproof disposable refuse bags or any other containers may 40 be used for vegetative materials. When such bags or any other containers are 41 used, the responsibility for protection of either the bag or the container and the 42 contents shall rest with the individuals occupying or residing on the property_. 43 occupants. Rupture of~ or damage to the bag or container~ from any cause 44 which resu]ts__it~-in the scattering of refuse prior to the arrival of City 45 co]]ectJon personnel will obligate the user to reassemble all of the refuse in 46 tmd-prq~l~-an undamaged bag or container prior to pickup by the c4tsq2ity. S:~CA\Ordinances\draft o~dinance\Chapter I 0 - Garbage, Trash and Offcn-qiYe Conditions.doc 17 1 5 _...--^* -rt-,-J~-~" '~'-v r~----~ -r'o"'~--~o-) Accumulations of y~d ~ash shall be stacked in 6 compact piles not to exceed two (2) cubic y~ds in volume at curbside within 7 the confines of residents' or owners' side pro.ay lines. Deposits of ~y~d 8 trash sh~l not obstruct pedesffi~ or ve~cul~ traffic. The ~City will not 9 collect y~d trash produced from co~ercial ~ee td~ng o~rafions, 10 l~dsca~ ~d lawn m~nten~ce operators. Tree ~ers, or privately 11 employed ~ee ~e~, tree ~bofists, l~dsca~ con.actors and o~rators of 12 ~ee and s~bbe~ m~ntenance se~ices sh~l remove ~1 trash ~d debris 13 from the premises upon which they ~e worhng, inclu~ng but not limited to 14 limbs, ~ee ~s, roots, s~bbe~ clippings, ~d other debris em~ating from 15 their work. Disposal of y~d ~ash produced by commercial o~rafions or those 16 p~d to conduct such operations sh~l ~ sffictly prohbited. No ~y~d 17 ~ash sh~l be placed on prope~y owned or Occupied by o~em without 18 pe~ssion. 19 22 ~ ..... in 31 32 ~{5) Nv ~e~se cent-2ner cont~ners, c~s, ~d cms sh~l not 33 m~nt~ned upon or adjacent to any s~eet, sidew~k, p~ay, front y~d, side 34 y~d or other place wi~n the view of persons using ~e ~ity's s~eets or 35 sidewalks, except as provided herein , 41 o,~,," ~,~"n"~*;"",~,~,, ,~ made. Prot~tion of ~e cont~ners placed for collection is 42 the responsibility of ~e resident. 43 I .......... , ~ .... , .............. S:XCA[~~afl ~dinan~X~ 10 - ~ba~, T~h ~d Off~vc C~&fi~.d~ 18 3 (Ord. No. 82-29, § 1, 9-21-82; Ord. No. 92-12, §§ 2---4, 6-2-92; Ord. No. 94- 4 28, § 2, 9-9-94) 5 6 (6) Curbside residential recycling service will be given to each residential 7 dwelling unit with the City, once a week. The City shall provide each resident 8 with two (2) recycling bins or carts. One shall be used for the accumulation of 9 plastic containers, glass, aluminum and other allowable co-mingled materials. l0 The other shall be used for newspaper, magazines, glossy paper, office grade 11 paper, and corrugated cardboard. The bins shall be set out on the designated 12 collection day. 13 14 (7) The responsibility for proper placement and preparation of solid waste 15 materials for collection shall be that of the resident of the dwelling Unit. It 16 shall be unlawful for any person, upon vacating or moving from any dwelling, 17 storeroom, or any other building in the City, to fail to remove all garbage, 18 rubbish, and debris from such building and premises, and grounds appurtenant 19 thereto, or to fail to place said waste in an approved sanitary_ container for 20 disposal in accordance herewith. Failure of a renter, lessee, and/or tenant to 21 comply with this requirement shall obligate the property owner of record to 22 fulfill the responsibility of compliance with this aArticle. 23 24 (8) Hazardous wastes, infectious wastes, construction and demolition material, 25 dead animals and any other prohibited waste shall not be placed in garbage 26 cans, bags, or any other types of containers or placed loose on the ground with 27 the expectation of having the material collected by the City. These materials 28 are not part of Single Family Residential Refuse Collection Service. The 29 resident and/or property owner should contact the Director of Public Works in 30 order to inquire as to the proper disposal method for such materials. 31 32 33 Sec. lO-25.Containerized commercial and residential 34 collection. 35 36 (a) Regulations governing containerized service: 37 38 (1) Containerized refuse service shall be carried out by the c-C_ity at commercial or 39 multifamily residential establishments in the promotion of improved sanitary 40 conditions for the prevention of health hazard. Containers are supplied by and 41 shall remain the property of the oCity. The use~landowner is responsible for 42 the protection of containers placed to serve histhe premises. The 43 usedandowner shall be liable to the extent of the cost of repairs or 44 replacement of containers when damaged by fire, negligence, vandalism or 45 other forms of abuse. 46 S:\CA\OrdinsncesXdmR ordinance\Chapte~ 10 - Garbage, Trash and Offensive Conditions.doc 19 1 (2) Free dumping access to containers at all times shall be provided by the 2 usedandowner. All containers shall be located so that the collection vehicle 3 driver can dump containers without leaving the vehicle. 4 5 (3) Customers using garbage chutes or interior storage shall provide containers on 6 rollers which will be the responsibility of the owner or occupant for 7 maintenance. The landowner shall be responsible for placing (rolling) them to 8 the proper position for emptying and in time for emptying. 9 10 (4) The size or number of containers shall be determined by the volume of refuse 11 to be deposited and will be in direct relationship to the manner in which the 12 user elects to utilize the space provided in said container or containers. 13 Charges shall be assessed on the basis of cubic yards of refuse removed from 14 premises whether manually compacted or loose. 15 16 (5) At each multifamily site, located adjacent to the dumpsters, or a location 17 approved by the City, the City shall place a minimum of two (2) recycling 18 carts. The carts are for the purpose of collecting recycling materials. The 19 landowner must allow space for the carts adjacent to the dumpsters, and 20 properly accessible by the City trucks for servicing. The residents of the 21 multifamily development shall be encouraged to conduct recycling. The carts 22 will be serviced a minimum of once a week. The placement of materials, 23 ~arba~e, yard trash, or any other material not approved in the definition of 24 recyclable materials shall be strictly prohibited. This service is provided as a 25 part of the garbage collection fee. 26 27 (6) Commercial, institutional, and any other type activity requiring containerized 28 garbage collection, except for multifamily collection service, are encouraged 29 to access the garbage and trash stream, to determine the benefits of recycling. 30 The City will provide dumpsters, designated for cardboard and paper 31 recycling. The service will be provided for a fee. 32 33 (Ord. No. 82-29, § 1, 9-21-82) 34 35 36 Sec. 10-26. Roll-Off Services. 37 38 (a) Construction Sites. All construction, renovation, remodeling, and repair sites, 39 requiring a permit from the City for work being conducted, shall be maintained in 40 a clean and sanitary_ condition at all times. Each construction site shall be provided 41 with solid waste containers adequate in size an sufficient in number to 42 accommodate the accumulation of solid waste during the interval between 43 scheduled removals of solid waste from the proiect site. The number and _type of 44 refuse containers shall be subject to the approval of the Public Works Department. 45 The owner of the property, or the contractor conducting the operations, shall have 46 the right to provide the material removal service with his own containers and S:\CA\Ordinancesklraft ol'dinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 20 1 equipment. In all other cases, the owner or contractor shall be required to obtain 2 such removal services from the City. The Public Works Department shall 3 determine exclusively whether this service would require the use of roll-off 4 containers, or the service could be adequately provided by some other means. 5 6 (b) Stop Work. During the construction of any site project the Building Official may 7 at his/her discretion, issue a written order to stop work on a construction project 8 for failure to maintain the construction site in a clean and sanitary condition, or for 9 failing to adhere to the requirement of this chapter. 10 11 (c) Final Cleanup. Solid waste shall be removed from the construction, renovation, 12 remodeling, or repair site, and the area properly cleaned to the satisfaction of the 13 Director of Public Works within five (5) workdays following the completion and 14 final inspections of the work performed under a permit, and in all instances prior 15 to the issuance of a certificate of occupancy by the Building Department. 16 17 (d) Roll-off Location. All roll-off containers shall be placed on the customer's 18 property in a location accessible for service. Roll-offs maybe placed in the public 19 right-of-way only if a permit to do so is issued by the Engineering Department. 20 21 22 Sec. 10~2~27. General rcgu!at'.'~nsRegulations. 23 24 (a) Predetermination of refuse storage sites required. Prior to the issuance of a 25 building permit by the c4W-City buil~ng Building ~Department for the 26 renovation, modification or erection of a new structure ^*~' *~-~ single 27 dw~4ings, provisions must be made for the storage and handling of refuse. Such 28 arrangements shall provide free access to containers by mechanized equipment at 29 all times. Acting jointly, the r ..... Public wc, rks Works depm:tmem-Dep~ent 30 and the c4W-City building Building depam,ne~Department and the builder-owner- 31 occupant~ as applicable~ shall mutually arrive at a satisfactory arrangement to meet 32 collection requirements. 33 " Rfu fr 36 containerized residential units will be collected twice a week or as necessary. 37 Such frequency of service shall be determined exclusively by the Director of 38 Public Works to ensure public safe _ty, health, cleanliness and appearance. In the 39 case of the commercial establishment, the customer will be billed for the amount 40 of service required to meet the Solid Waste standards. 41 42 (c) Duty to record and bill users of c::'y City system. The se~n/tat/c,n ] 43 ~Director of Public Works shall cause to be kept, an accurate record of 44 all persons using the services and facilities of the said municipal refuse collection 45 and disposal system and make charges in accordance with the rates and charges S:\CA\Ordinances'draft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 21 1 herein established. The City may choose to not provide solid waste services 2 because of non-payment. 3 6 7 {-~(d) [UnlawJ~l deposits.] It shall be unlawful for any person to deposit on, or bury_ 8 in, or cause to be deposited on or buried in,~4~se upon any Rand, vacant or 9 unoccupied premises in the c-iiy--City or upon any occupied property public .... or upon any street, alley, park 10 square,without ,u. ~;~;_ ^c ,u ....... 11 parkway, or in any canal, waterway, bridge, easement, or other public passageway, 12 or right-of-way, or any storm drain, rock pit and sand pit, pool or lake within the 13 c4t-yCity any noxious, filthy, malodorous or offensive liquid or solid materials, 14 garbage, refuse, or rubbish anywhere within the limits of the City in any vessel or 15 receptacle other than in an approved refuse container which is collected regularly. 16 Nothing in this provision shall prohibit private, backyard, nuisance-free 17 composting practices for home gardening purposes. No person shall burn or cause 18 to be burned any refuse or waste anywhere within the City limits, except as 19 otherwise provided by law. 20 Cross references-Depositing litter in bodies of water, § 15-30; polluting park 21 waters, § 16-26. 22 23 {-g)(e) Mulch or compost piles permitted. Horticultural trash and refuse containing no 24 combustible mater, or which will not, during decay, give off offensive odors, may 25 be accumulated by the owner as a mulch or compost pile in the rear of the 26 residential premises upon which the material is accumulated. Bringing material 27 from offsite onto the property for the sake of composting will be prohibited. 28 Composting for commercial purpose, or composting to develop a marketable 29 product shall prohibited except for those cases allowed by commercial enterprise, 30 and properly licensed to conduct such operations. 31 (-g)_l~,.~. ~" ..... '~ ~' refa s, .~ ........... ,-,~a ;., ,U,, .-;,.. ~U~,, u~ 32 ~ ma)' ........... c?n;' sc ......................... ~ ...... ., · .,,.-.,~,.-,.,. ~. l.,W.,., .... 1-,1-,.,.,,,.,,~ ...j ...,~, ,.,a.j ....... w,,., ~ ....,~ ....... ,.,,.,. ,~,...,.,. i_,~,.,,. 4~ 44 (Ord. No. 82-29, § 1, 9-21-82) 4~ Edifor's nofe-$ub~ection 10-26(h), relative to the disposal of constn~ction or 46 industrial wastes, had been deleted as being duplicative of§ 10-30. S:\CA\OrOinarlcesklraft ordinance\Chapter 10- Garbage, Trash and Offensive Conditions.doc 22 1 2 (19Ownership of collection refuse and waste. 3 4 (1) Ownership of refuse and waste material shall be vested in the City at the 5 time of collection. 6 7 (2) It shall be unlawful for any person, not authorized to do so, to open, 8 remove, untie, or to interfere with the orderly and legitimate collection of 9 any refuse container, or to collect, disturb, or scatter refuse stored in 10 containers placed for collection and disposal. It shall be unlawful for any 11 person to scavenge any solid waste within the City. 12 13 (3) Recycling material to be collected, such as newspaper, newspaper/grade 14 papers, and/or other materials, shall become the property of the City from 15 the time of placement at the curb by the customer, and it shall be a 16 violation of this article for any person, firm, corporation, or partnership 17 other than the City, to tamper with or to take or remove, or to convert to its 18 own use in any way, such material. Each such collection in violation 19 hereof form one (1) or more residences or businesses during such period 20 shall constitute a separate and district offense. 21 22 (~)Dead Animals. It shall be unlawful to place any dead animal or parts thereof in 23 any solid waste container for collection; however, this section shall not apply to 24 animal parts from food preparation for human consumption. 25 26 (h)Incinerators. No private incineration units shall be erected or operated within 27 the City from the date of this article except upon approval of the City 28 Commission, and the issuance of the proper permits and licenses from any and all 29 regulating agencies. 30 3! (i)Landfills. It shall be unlawful for any person to create, use, own, or operate any 32 landfill or dump within the corporate limits of the City. 33 34 (j)Littering. It shall be unlawful to place, or allow to be placed, any solid waste 35 upon the roads, streets, storm drains, canals, lakes, other bodies of water, or any 36 public or private property within the City except as provided herein. 37 38 (k)Non-Interference. It shall be unlawful for any person to interfere with any 39 employee of the City while in the performance of their duties as authorized by this 40 Ordinance. 41 42 43 Sec. 10~2728. Reserved. 45 Editor's note-Provisions designated § 10-27, and enumerating certain violations, 46 have been deleted by the editor as being duplicative of§ 10-31. S:\CA\Ordinances~lraft ordinance\Clmptex 10 - Garbage, Trash and Offensive Conditions.doc 23 1 2 3 Sec. 10-g829. Purpose of rates and charges. 4 5 The rates and charges herein set forth are imposed to provide revenue for the purpose 6 of paying the costs of the operation and maintenance of the refuse collection and disposal 7 system of the city and extensions thereof and replacements thereto and for any other lawful 8 purpose as so determined by the city commission. 9 (Ord. No. 82-29, § 1, 9-21-82; Ord. No. 94-28, § 3, 9-9~94) 10 11 12 Sec. 10:2930.Rates and charges for c4tg-City ,service. 13 14 The rates and charges for refuse collection service provided by the city shall be as 15 follows: 16 17 (a) Commercial containerized, excluding multifamily residential units: 18 19 (1) Monthly commercial charges shall consist of a total of the following three 20 (3) items: 21 22 a. Container rental charge-A monthly flat fee c-har-~ to cover the 23 cost of the container by size as follows: 24 25 2003/2004 Rates: 26 2 cu. yd. container - $-1-9:4020.00 per month 27 3 cu yd. container ,,..~.¢°1 nngq, .~...,,,,tm per month 28 4 cu. yd. container ,~,.,..~¢~' ' ~ ~ .,,,.,,,,wa rsa per month 29 6 cu. yd. container $25.5235.00 per month 30 8 cu. yd. container ~0.00 per month 31 32 The Public Works Director shall annually adjust these fees based 33 upon chan~in~ purchase prices of new containers. 34 35 b. Disposal charge-A fixed disposal charge 36 Char-ged-set and modified from time to time .by the Palm Beach 37 County Solid Waste Authority q~. ....... * 39 ~.,4 ~:_~,, ~..,o ~¢a aox ...... k~ ..... ~ This price shall be passed 40 on to the customer directly. 41 42 C. Operating charge-A fixed charge per cubic yard to cover all other 43 labor and equipment hauling expenses and charges of the 44 sa.~ta~2en Solid Waste Departmentlmdg~. T!ae 45 ~, ,..,^.. a~,. .... ~ .a ~ ...... ,-. .......,~ re9 '~ [:er ,~,,~"h~',. yar~ The 46 rate in 2004 will be fixed at $3.00 per cubic yard and will be S:\CA\OrdinancesXdrafi ordiaance~r'haptex 10 - Garbage, Trash and Offensive Conditions.doc 24 1 increased 4% annually thereafter at the beginning of each fiscal 2 year, or as otherwise provided by the City Commission. 3 4 (2) Partial monthly service will be charged on a prorated basis, based on the 5 rates in subsection (la_) above. 6 7 (3) Mechanical compressed or compactor refuse shall have the disposal rate 8 computed at a three-to-one (3:1) ratio of the disposal rates set forth in 9 subsection (l_b). Containers with compactors shall be furnished by the 10 owner, therefore, no rental cost shall be charged. 11 17 18 (b) Noncontainerized commercial service: 19 20 (q-)Refuse picked up from residential type cans at commercial establishments 21 shall have their level of service negotiated by the public Public ';:orEs 22 Works d~pam~m-Department 24 25 (c) Residential rates (noncontainerized): 26 27 (1) Ten dollars and fifty cents ($10.50) per month for single-family dwellings. 28 29 (2) Ten dollars and fifty cents ($10.50) per month for each family unit duplex 30 or triplex. 31 32 (3) Ten dollars and fifty cents ($10.50) per month for each family unit for 33 apartments and condominiums. 34 35 (4) Trailer parks, ten dollars and fifty cents ($10.50) per month per trailer. 36 37 (d) Residential rates (containerized, multifamily): 38 Sir, Nine dollars ($~_9.00) per month for each family unit for apartments 39 (1) 40 and condominiums that are served by dumpster containers. 41 Six Nine dollars ($6_9.00) per trailer in trailer parks. 42 (2) 43 44 (e) Special pickup: Special pickups of items not normally handled by the weekly 45 garbage, trash or recycling pickup, whether due to the type of waste or the volume 46 of waste, may be scheduled by contacting the public works depamment and the S:\CA\Ordinances~lraft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 25 ! rate for such pickup shall be established by the director depending on the size and 2 type of removal needed. 3 ........ dRate schedule extra pickup of dumpsters at multifamily locations: $3 per 4 5 cubic yard. 6 11 14 15 (~) Roll-off Rates: Rates for rollmff dumpsters used for construction and demolition 16 debris shall be established and mottled from time to time by the Dir~tor of 17 ~blic Works based upon private m~kets con~tions. 18 19 20 22 23 24 27 32 33 ~/~ ........... ~c : ........ v .....v 43 (Ord. No. 82-29, ~ 1, 9-21-82; Ord. No. 83-36, ~ 1, 10-18-83; ~d. No. 85-55, ~ ~ I, 11-15-85; ~d. No. 86-36, ~ 2, 10-21-86; Ord. No. 90-36, ~ 1, 9-18-90; Ord. 45 No. 91-63, ~ 1, 9-19-91; ~d. No. 9249, ~ 1, 10-8-92; ~d. No. 93-33, ~ 1, 2, 9- 46 21-93; ~d. No. 94-28, ~ 4, 9-9-94) 1 2 4 5 12 13 14 Sec. 10-~3~. Violations and enforcement. 15 16 It is hereby d~l~ed unlawful ~d a violation of this ~icle for any person to do or 17 pe~t to ~ done any of the following acts or practices: 18 19 (1) To deposit or place in or cause to be deposited or placed in a tr~h cont~ner ~y 20 mated~s other than ~ose defined in this ~icle as re~se. 21 22 (2) To f~l or neglect to keep or cause to ~ kept cle~ ~d saffit~, ti~tly covered 23 ~d in good state of rep~r, ~1 refuse cont~ners. 24 25 (3) To use or supply g~bage c~s ~d refuse cont~ners other th~ those defined ~d 26 provided for in this ~cle. 27 28 (4) To collect or pe~t to be collected by ~yone, ~e g~bage from any g~bage 29 cont~ner o~er th~ by ~rsons regul~ly employed by the city for that p~ose 30 unless specificflly au~ofized by the ~ity ~o~ssion. 3~ (Ord. No. 82-29, ~ 1, 9-21-82) 32 33 It sh~l ~ u~awful for ~y ~rson to f~l, neW,t, or refuse to comply wi~ ~d abide 34 by each provision of ~s ~~cle. ~ese peffom~ce on each dag of ~g prohibited 35 act or practice sh~l consfi~te a sep~ate offense, ~d sh~l ~ pu~shable as such. 36 37 38 Secs. 10=~231~10-49. Rese~ed. 39 41 42 43 ~CL~ ~. ~~O~ PROPERTY* 45 *Ed~or's note-Ord. No. 87-2, ~ 1, 2, adopted Feb. 3, 1987, repealed foyer A~. III, 46 Abandoned, wrecked or junked vehicle& being ~ 10-5~10-56, as de~vedpom the 1959 SACA~~ ~~ap~ 10 - G~bage, T~h ~d Off--ire Con~fi~.d~ 27 1 Code, §§ 29-5m29-8, and enacted in lieu thereof new provisions designated herein as Art. 2 III, §§ 10-50---10-54. 3 4 5 Sec. 10-50. Definitions. 6 7 For the purposes of this a__Article, the following words and phrases shall have the 8 meaning set forth herein. According to context, words used in the present tense include the 9 future, singular words include the plural, plural words include the singular, and masculine 10 words shall include the feminine gender. 11 12 Abandoned property means all tangible personal property which does not have an 13 identifiable owner and which has been disposed on public property in a wrecked, inoperative, 14 or partially dismantled condition or which has no apparent intrinsic value to the rightful 15 owner. However, vessels determined to be derelict by the Department of Natural Resources 16 in accordance with the provisions of Section 823.11, Florida Statutes, shall not be included in 17 this definition. 18 19 Antique motor vehicle is any motor vehicle of thirty-five (35) years or more which is 20 registered with the State of Florida, pursuant to Florida Statutes, Section 320.086. 21 22 City is the City of Boynton Beach, Florida. 23 24 Enforcement officer means those employees or other agents of the c4ty--Cit¥ 25 designated by ordinance, or duly authorized and appointed by the c-/t-y-City mamage~Manager, 26 whose duty it is to enforce city-City c-odesCodes. This definition shall include, but not be 27 limited to, law enforcement and code compliance officers. 28 29 Inoperable motor vehicles. A motor vehicle shall be deemed inoperable and/or 30 abandoned if a valid and current motor vehicle license is not affixed thereto in excess of 31 thirty (30) calendar days; provided however, that this shall not apply to motor vehicles 32 located on private property owned or leased by automobile dealers, new or used, possessing a 33 current, valid, occupation license; nor shall this definition apply to any antique or collector 34 vehicle which is registered with the State of Florida, pursuant to Florida Statutes, Section 35 320.086. 36 37 Law enforcement officer means any full-time police officer employed by the c4tyCity. 38 39 Lost property means all tangible personal property which does not have an 40 identifiable owner and which has been mislaid on public property, upon a public conveyance, 41 on premises used at the time for business purposes, or in parks, .places of amusement, public 42 recreation areas, or other places open to the public in a substantially operable, functioning 43 condition or which has an apparent intrinsic value to the rightful owner. S:\CA\OrdinancesXdraft ordinance\Chapter 10- Gaxbage, Trash and Offensive Coaditions.doc 28 1 Motor vehicle is a vehicle or conveyance which is self-propelled and designed to 2 travel along the ground, and includes, but is not limited to, automobiles, buses, mopeds, 3 motorcycles, trucks, tractors, go-carts, golf carts, campers, motorhomes and trailers. 4 5 Private property is any real property within the city City which is privately owned and 6 which is not defined as public property herein. 7 8 Public property means lands and improvements owned by the federal government, the 9 State of Florida, a county or a municipality and includes sovereignty submerged lands located 10 adjacent to the county or municipality, buildings, grounds, parks, playgrounds, streets, 11 sidewalks, parkways, rights-of-way, and other similar property. 12 13 Wrecked motor vehicle is any motor vehicle the condition of which is wrecked, 14 dismantled, partially dismantled, incapable of operation by its own power on a public street, 15 or from which the wheels, engine, transmission or any substantial part thereof has been 16 removed. (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 87-29, § 1, 9-15-87) 17 18 19 Sec. 10-51.Abandoned or lost property on public property, 20 procedure. 21 22 (a) Whenever a law enforcement officer of the c-4t-y-City ascertains that an article of lost 23 or abandoned property is present on public property and is of such nature that it can 24 be easily removed, the officer shall take such article into custody and shall make a 25 reasonable attempt to ascertain the rightful owner or lienholder pursuant to the 26 provisions of this section. 27 28 (b) Whenever a law enforcement officer ascertains that an article of lost or abandoned 29 property is present on public property and is of such nature that it cannot be easily 30 removed, the officer shall cause a notice to be placed upon such article in 31 substantially the following form: 32 33 NOTICE TO T~THE OWNER AND ,ATJ. PERSONS INTERESTED IN THE 34 ATTACHED PROPERTY. This property, to wit: (setting forth brief description) is 35 unlawfully upon public property known as (setting forth brief description of location) 36 and must be removed within 5 days, otherwise, it will be removed and disposed of 37 pursuant to Chapter 705, Florida Statutes. The owner will be liable for the costs of 38 removal, storage, and publication of notice. Dated this: (setting forth the date of 39 posting of notice), signed: (setting forth name, fltle, address and telephone number of 40 law enforcement officer). 41 42 Such notice shall be not less than seven (7) inches by ten (10) inches and shall be sufficiently 43 weatherproof to withstand normal exposure to the elements. In addition to posting, the law 44 enforcement officer shall make a reasonable effort to ascertain the name and address of the 45 owner. If such is reasonably available to the officer, he shall mail a copy of such notice to the 46 owner on or before the date of posting. If the property is a motor vehicle as defined in Section S:\CA\Ordinancesklraft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 29 1 320.01(1), Florida Statutes, or a vessel as defined in Section 327.02(27), Florida Statutes, the 2 law enforcement agency shall contact the Department of Highway Safety and Motor Vehicles 3 or the Department of Natural Resources, respectively, in order to determine the name and 4 address of the owner and any person who has filed a lien on the vehicle or vessel as provided 5 in Section 319.27(2) or (3) or Section 328.15(1), Florida Statutes. On receipt of this 6 information, the law enforcement agency shall mail a copy of the notice by certified mail, 7 return receipt requested, to the owner and to the lienholder, if any. If, at the end of five (5) 8 days after posting the notice and mailing such notice, if required, the owner or any person 9 interested in the lost or abandoned article or articles described has not removed the article or 10 articles from public property or shown reasonable cause for failure to do so, the following 11 shall apply: 12 13 (1) For abandoned property, the ~ ...... r ......., .......~;t.., .................... e, .... ,, ._...j may retain any or all of 14 the property for its own use or for use by the state or unit of local government, 15 trade such property to another unit of local government or state agency, donate the 16 property to a charitable organization, sell the property, or notify the appropriate 17 refuse removal service. 18 19 (2) For lost property, the officer shall take custody and the ~ity shall retain the 20 property for ninety (90) days and publish notice of the ~ity's intended 21 disposition of the property. 22 23 a. If the City ~lects to retain the property for its own us% by-the-u~ 24 ^r ....... · ..~ gc ............. donate the property to a charitable organization, surrender 25 such property to the finder, sell the property~ or trade the property to 26 another unit of local government of state agency, notice of such election 27 shall be given by an advertisement published once a week for two (2) 28 consecutive weeks in a newspaper of general circulation in ~ 29 ,~,h~.,~ ,h ...... .., ....... fou?.~°alm Beach County. 30 31 b. If the ~ity elects to sell the property, it must do so at public sale by 32 competitive bidding. Notice of the time and place of the sale shall be given 33 by an advertisement of the sale published once a week for two (2) 34 consecutive weeks in a newspaper of general circulation in Palm Beach 35 County. ,h ...... , ..... h,,.~ ,h~ ~,,,~ .> *Z ~'~ ~ZI~. The notice shall include a 36 statement that the sale shall be subject to any and all liens. The sale must 37 be held at the nearest suitable place to that where the lost or abandoned 38 property is held or stored. The advertisement must include a description of 39 the goods and the time and place of the sale. The sale may take place no 4o earlier than ten (10) days after the final publication. ~ +~erz -:~ n~. 44 Notice of the ~ity's intended disposition shall describe the property 45 in a manner reasonably adequate to permit the rightful owner of the 46 property to identify it. S:\CA\Ordlnances~lraft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 30 1 2 c. If the property is sold at public sale pursuant to subparagraph 10- 3 51(b)(2)b, the agemc-yCity shall deduct from the proceeds the cost of 4 transportation, storage, and publication of notice, and any balance of 5 proceeds shall be deposited into an interest-bearing account not later than 6 thirty (30) days after the date of the sale and held there for one (1) year. 7 The ~City shall provide a bill of sale clearly stating that the sale is 8 subject to any and all liens. The rightful owner of the property may claim 9 the balance of the proceeds within one (1) year from the date of the above 10 stated deposit by making application to the City.~ If no rightful 11 owner comes forward with a claim to the property within the designated 12 year, the balance of the proceeds shall be deposited into the state school 13 fund. 14 15 d. The owner of any abandoned or lost property who, after notice as provided 16 in this section, does not remove such property within the specified period 17 shall be liable to the !aw enforcement ~e, .... j..~ty for all costs of removal, 18 storage, and destruction of such property, less any salvage value obtained 19 by disposal of the property. Upon final disposition of the property, the law 20 enforcement officer shall notify the owner, if known, of the amount owed. 21 In the case of an abandoned boat or motor vehicle, any person who 22 neglects or refuses to pay such amount is not entitled to be issued a 23 certificate of registration for such boat or motor vehicle, or any other boat 24 or motor vehicle, until such costs have been paid. The !aw enforcement 25 offic-e~ity shall supply the Department of Natural Resources with a list of 26 persons whose boat registration privileges have been revoked under this 27 subsection and the Department of Motor Vehicles with a list of persons 28 whose motor vehicle privileges have been revoked. Neither department 29 nor any other person acting as agent thereof shall issue a certificate of 30 registration to a person whose boat or motor vehicle registration privileges 31 have been revoked, as provided by this subsection, until such costs have 32 been paid. 33 34 e. Whoever opposes, obstructs, or resists any law enforcement officer or any 35 person authorized by the law enforcement officer in the discharge of his 36 duties as provided in this section upon conviction is guilty of a 37 misdemeanor of the second degree, punishable as provided in Section 38 755.083, Florida Statutes, as may be amended from time to time. 39 40 f. Any law enforcement officer or any person authorized by--the law 41 enforcement officer is immune from prosecution, civil or criminal, for 42 reasonable, good faith trespass upon real property while in the discharge of 43 duties imposed by this section. 45 g. The rightful owner shall be liable for the la-:; enforcement ..,, .... j~lty s 46 costs for transportation and storage of lost or abandoned property and the S:\CA\Ordinancesktraft ordinance\Chapter 10 - Garbage, Trash and Offensive Condilions.doc 31 1 ageem-sCity's cost for publication of notice of disposition of lost property. 2 If the rightful owner does not pay such costs within thirty (30) days of 3 making claim to the property, title to the property shall vest in the City. 4 ~ ...... *' ....... * ....... (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 87-29, §§ 5 2, 3, 9-15-87) 6 7 8 Sec. 10-52.Storing, parking, or leaving wrecked or 9 inoperable motor vehicles on private properly prohibited 10 and declared a nuisance; exceptions. 11 12 (a) No person shall park, store, leave or permit the parking, storing or leaving of any 13 abandoned property or wrecked or inoperable motor vehicle of any kind, whether 14 attended or not, upon any private property within the c4tyCity, except that, with 15 respect to an inoperable motor vehicle, such vehicle may be parked, stored, or left on 16 said property for a period of time not to exceed seventy- two (72) hours. The presence 17 of such vehicles, or parts thereof, on private property is hereby declared a public 18 nuisance which may be abated in accordance with provisions of this article. 19 20 (b) This section shall not apply to: 21 22 (1) Any motor vehicle which is completely enclosed within a building, or unless it 23 is held in connection with a business enterprise lawfully licensed by the c-C_ity 24 for the servicing and repair of such vehicles and properly operated in an 25 appropriate business zone pursuant to the zoning ordinances of the c-C_ity; 26 27 (2) Nor shall this section apply to any antique or collector vehicle which is 28 registered with the State of Florida, pursuant to Florida Statutes, Section 29 320.086. However, no more than two (2) antique motor vehicles may be 30 retained by the same owner for collection purposes unless they are 31 appropriately stored. 32 33 (C) Whenever the enforcement officer of the c-R-y-City shall ascertain that an article or 34 articles of abandoned property are present on private property within the limits of the 35 City of Boynton Beach in violation of the provisions of this article, the enforcement 36 officer shall cause a notice to be placed upon such article in substantially the 37 following form: 38 39 NOTICE TO THE OWNER AND AIJ. PERSONS INTERESTED IN THE 40 ATTACHED PROPERTY. This property, to wit: (setting forth brief description) 41 located at (setting forth brief description of location) is improperly stored and is in 42 violation of (setting forth ordinance or regulation violated) and must be removed 43 within ten (10) days from the date of this notice unless a hearing has been demanded 44 in accordance with the terms of Chapter 10, Article I, Boynton Beach Code of 45 Ordinances within ten (10) days of the date of this notice; otherwise, it shall be 46 presumed to be abandoned property and will be removed and destroyed by order of S:\CA\OrdinancesXdraft ordinance\Chapter 10 - Garbage, Trash and Offensive Conditions.doc 32 I the City of Boynton Beach and the owner will be liable for the costs of removal and 2 destruction. Dated this: (setting forth date of posting of notice). Signed: (setting forth 3 name, title, address, telephone number of enforcement officer). 4 5 Such notice shall be not less than eight (8) inches by ten (10) inches and shall be 6 sufficiently weatherproof to withstand normal exposure to the elements for a period of 7 ten (10) days. In addition to posting the notice, on or before the date of posting the 8 enforcement officer shall mail a copy of the aotiee-Notice to the o~aer-Owner of the 9 real property upon which the abandoned articles are located, as shown by the real 10 estate tax records used by the City of Boynton Beach, and if the abandoned property is 11 a motor vehicle or boat, shall make a reasonable effort to ascertain the name and 12 address of the owner and shall mail a copy of a notice to such owner. The notice shall 13 also advise the person to whom the notices are applicable that they have seven (7) 14 days from the date of posting and/or mailing of the notice to correct the condition or 15 file a written petition m-with the c-it-y-City ~Manager or hi~ ',he designee for a 16 heating as provided in Section 10-7 of the City's Code of Ordinances, ~ 17 t., ............................... t-' ............. J -----,-J ...... e, ......... r-.,~*, .......0~ 19 ,,,~---o~ ~..,~--"'~"~;~:°*~"*"' ^~,~,u,_~u.~v.am:.: o,~.~*^~., which her-ei-ahearin g shall be held no later than '-':'h:n...~.. ten 20 (10) days ofafter the date the petition is received by the cRy-City mamqg~Manager. 21 22 (d) Procedures: 23 24 (1) Hearing. The issues to be determined at the said hearing are whether the 25 conditions creating a nuisance, do in fact exist; why the conditions should 26 not be abated by the c4t-y-City at the expense of the owner; the time limits 27 for such abatement. The source of the condition shall not be a defense 28 against the requirement that the condition shall be abated by the owner. If 29 after a heating the board determines that the conditions which exist on the 30 property constitute a public nuisance, the owner or owners of the property 31 shall have a~no more than afia,2ti.~nal seven (7) days from the date of the 32 hearing to correct or remove the conditions: after w~2chsuch time, the 33 City shall have the right to have the conditions abated at the expense of the 34 property owner. 35 36 (2) Removal. If the owner or other interested person has not requested a 37 hearing within seven (7) days, the eR-y-City shall have the right to have the 38 objectionable condition corrected or removed at the expense of the owner. 39 If the c--it-y-City has the condition abated and payment for the City's 40 abatement costs is not received within thirty (30) days after the filing of a 41 notice of assessment for the cost of such work together with all costs of 42 inspection and administration, the cdD~ity shall have a lien placed against 43 the property for the cost of the work, including inspection and 44 administration cost, plus interest at the rate of eight percent (87_~_) per 45 annum, c--em;-, plus reasonable attorney fees and other costs of collecting 46 said sums without further heating. If, at the end of t~m-OO)seven (7) days S:\CA\Ordinances~iraft ordinance\Chaptor 10 - Garbage, Trash and Offensive Conditions.doc 33 1 after posting or mailing such notice, the owner or any person interested in 2 the abandoned article or articles describing such notice has not removed 3 the article or articles and complied with the ordinance or regulations cited 4 in the ~N__otice, the enforcement officer may cause the article or articles of 5 abandoned property to be removed or destroyed. The salvage value, if any, 6 of such article or articles shall be retained by the local government to be 7 applied against the cost of removal and destruction thereof, unless the cost 8 of removal and destruction are paid by the owner as provided in 9 Section 10-54. 10 11 The owner of any abandoned motor vehicle or the owner of the real 12 property upon which the vehicles or other abandoned property is located, 13 who after notice is provided in this article, does not remove the vehicle or 14 other property within the specified period then they shall be liable to the 15 City of Boynton Beach for all costs of removal and destruction of such 16 property, less any salvage value received by the local government. Upon 17 such removal and destmction, the local government officer shall notify the 18 owner of the amount owed and of the penalty provision of the section. 19 20 (3) Notification of removal to owner and other interested parties. The 21 enforcement officer, after taking possession of any motor vehicle pursuant 22 to this article, shall furnish notice in accordance with this section by 23 certified mail (return receipt requested) to the last known registered owner 24 of the motor vehicle at his last known address within fifteen (15) days of 25 the date of which possession of the motor vehicle is taken, with a copy of 26 the notice to the owner or occupant of the property from which the vehicle 27 is taken. 28 29 The enforcement officer shall also contact the Department of Motor Vehicles, State of 3O Florida, and such other agencies and departments of government in this and other states as 31 are reasonably necessary to ascertain the names and addresses of other persons with record 32 interests in the motor vehicle, including lien holders. Such other persons shall be given notice 33 in the same manner as stated in the previous section. 34 35 Notice under this section shall contain the following information: 36 37 a. Year, make, model, and serial number of the motor vehicle. 38 39 b. The name and address of the last known registered owner of the motor vehicle, if 40 available. 41 42 c. The vehicle registration number and the title registration number of the motor vehicle 43 if available. 45 d. The date on which the motor vehicle was removed. 46 S:\CA\Ordinances\draft ordinance\Chaptel' 10 - Garbage, Trash and Offensive Conditions.doc 34 1 e. The location from which the motor vehicle was removed. 2 3 f. The location in which the motor vehicle is being stored or in the alternative a number 4 to contact. 5 6 The notice shall also advise the persons to whom it is given that the person who is 7 entitled to possession of the motor vehicle may reclaim it upon payment to the c-C_ity of all 8 charges incurred by the ~__City and the removal and storage of the motor vehicle, except that if 9 such reclamation is not made within twenty (20) days after date of the notice, the right to 10 reclaim the motor vehicle as well as all right, title and interest of said person in the vehicle, 11 shall be deemed to be waived and that such person shall be deemed to have consented to the 12 disposition of the motor vehicle by the c--i-WCity. 13 14 If the c4W-City is unable to identify properly the last registered owner of any motor 15 vehicle or if unable to obtain with reasonable certainty the names and addresses of the owner 16 or other interested parties, including lienholders, it shall be sufficient notice under this 17 section to publish the notice once in one newspaper of general circulation in the City of 18 Boynton Beach. Such notice by publication may contain multiple listings of motor vehicles. 19 20 A copy of any notice required in this section, as well as a copy of any certificate of 21 sale issue hereunder by the ~_City or its designee shall be forwarded to the Division of Motor 22 Vehicles, State of Florida. (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 02-033, § 1, 8-20-02) 23 24 25 Sec. 10-53. Nuisance abatement bid procedure. 26 27 The services entailed in carrying out the abatement of nuisances under this _~icle 28 may be performed by the c-C_ity or be performed by an independent contractor retained by the 29 City pursuant to the City's procurement policies and procedures. .:,.,,o r,,.,, ..... 1 .... t:~a~ (Ord. No. 87-2, § 2, 2-3-87) 30 ~.,j .... r .......... t' ........ _ 31 32 34 35 S:\CA\Ordinances~traft ~dlnance~Chapte~ 10 - Garbage, Trash and Offensive Conditions.doc 35 12 v~' 13 14 15 NT~ ~ T m~T 16 17 18 ~9 TO: 20 A~D~. 21 22 30 ....~**~°~.. ~ .~h'*;~. ~ ..~... .m. ~.o~ .... *~,~ . ~ .."~*;~.. ~ *~*~. .. *~,, .~ ..... .~ ~ ~ .~"*;~-. ..v.. , .., ;" .~v..~a;*;~- ,~,~ ,~.. ¢ o~n~ cost of 35 o~11 ~ ~ ~ 36 37 C~v ~ ~~T ~C S ~U ~ ~O~ n 38 ~'" 39 ............ ~ ...... D ............ y o 46 S:XCA~dinan~ ~nan~X~ap~ 10 - G~, T~h ~d Off~ivc C~fi~.d~ 36 1 2 3 ARTICLE IV. RESERVED* 4 5 *Editor's note-Ord. No. 90-16, §§ 1, 2, adopted July 3, 1990, abolished the nuisance 6 abatement board and repealed Ord. No. 90-2; hence, Art. IV, pertaining to such subject 7 matter has been deleted. Prior to deletion, Art. IV, §§ 10-55--10-61, derived from Ord. No. 8 87-39, § 1, adopted Oct. 20, 1987; as amended by Ord. No. 90-2, §§ 1 ~,, adopted Jan. 16, 9 1990. 10 11 12 Secs. 10-55--10-61. Reserved. 14 S:\CA\Ordinanceskiraft ordinance\Chapter I0 - Garbage, Trash and Offensive Conditions.doc 37 EXHTBZT A PUBI_ZC WORKS DEPARTIVlENT MEMORANDUM #04-052 To: Kurt Bressner, City Manager From: .leffrey Livergood, P.E., Director of Public Works~l~ L~ Christine Roberts, Assistant Director of Public Works~__~ Larry Quinn, Solid Waste Manager Scott Blasie, Director, Code Compliance Subject: Ordinance Revisions - Chapter l0 Garba~le~ Trash and Offensive Conditions Date: April 1, 2004 For the past six months, representatives from Public Works and Code Compliance have been meeting for the purpose of revising ordinance provisions related to garbage and trash within the City of Boynton Beach. We have done so for two primary reasons. First, auditors contracted by the City's Finance Department have determined in the last two years that the Solid Waste fund balance is in a precarious position. Auditors have found that in each of the last two years, the expenses have nearly exceeded revenues received for the services provided. Therefore, in addition to previous operation cost cuts, it is necessary to evaluate sources of enhanced revenue. Secondly, staff has found many outdated provisions within the Solid Waste Code that make it extremely difficult for Code Compliance staff to enforce a number of provisions throughout the community. Specifically, staff has evaluated the time frame in which bulk trash can be placed at the curb in response to homeowner's concerns about the aesthetic conditions throughout the oty. Rate Modification Discussion Staff has evaluated the Solid Waste rate history within the City of Boynton Beach for the past ten years. We have found that residential rates have been maintained at $10.50 per month since 1991. Furthermore, we find that multi-family rates have been maintained at $6.00 per unit since 1992. With respect to commercial rates, we find that the rates assessed for customers for front load services, i.e. restaurants and other businesses, have not increased since 1996. When one considers the impact of our operations on the fund balance, we must not only look at our rate structure to evaluate our revenues but we must look at cost savings that we can achieve through operational efficiencies. The City of Boynton Beach has been successful for the past thirteen years in not raising residential rates. This has been primarily attributed to the City undertaking an automated garbage collection system beginning in 1997. Since the City has S:\PW~Correspondence\2004 Memos - Interdepartment 8~ Interoffice\04-052- Ordinance Revisions-Chapter 10.doc Kurt Bressner April 1, 2004 Ordinance Revisions - Chapter :tO Page 2 of 6 become automated, we have been able to reduce our Solid Waste staff by ten employees thus reducing our operating costs. Furthermore, we have been able to reduce the fleet size because of the efficiency we realized by utilizing an automated fleet. Staff will note that the City is not yet fully automated throughout all of its corporate limits and there is room for additional economies of scale that will help to maintain a stabilized residential rate. Difficulties may arise in going to a fully automated system Citywide. Further discussion of this topic will follow later in this report. $inqle Family Rates The current rate for garbage collection for a single-family home is $10.50 per month. This includes two times per week garbage pick up, one time per week recycling pick up, one time per week bulk trash pick up, and one time per week landscape waste pick up. Staff does not propose any changes to the single-family rate and proposes that this rate remain constant at $10.50 per month. B. Hulti-family Rate The current multi-family rate is $6.00 per month. Staff proposes to raise this rate to $9.00 per month in order to provide additional revenue. ]:t is important that staff justify its rationale for a $3.00 per month rate increase. When one considers that residential properties are either single family or multi-family units, by the very nature of the use, waste disposal of the various properties will be similar. As an example, three people living in a single-family home will generate approximately the same amount of waste of three people living in a multi-family home. However, the primary difference is that those residents that reside in multi-family dwelling units do not realize the benefit of having landscape waste collected. The property owner's association in multi-family developments typically disposes of landscape waste. Staff has found that the cost of landscape waste disposal is approximately $1.50 per month. Therefore, staff has developed the proposed rate structure for a multi-family unit at $9.00 per month by eliminating the landscape waste component from the single-family residential rate. ($10.50) Operating costs to pick up either single family or multi-family are approximately equal despite the fact that single-family units are served by automated or rear load vehicles and front-end load units serve multi-family units. Therefore, method of pick up is irrelevant in discussion related to fees provided to either single or multi-family units. ¢. Commercial Rates Staff is proposing a minor increase in rates for the City's commercial customers. As noted, our commercial customers are typically those business units that have a multi- yard front-load containers often enclosed in a walled unit. Commercial customers are serviced by front-load trucks on designated routes throughout the City. Commercial customers are picked up at a frequency requested by the business entity based upon their own individual needs and waste generation. The commercial rate that we assess our customers is based upon three very defined components. These components include a container rental fee, a waste disposal fee, and an operating charge. S:\PW~Correspondence\2004 Memos - ]nterdepartrnent & Interoffice\04~052~ Ordinance Revisions-Chapter 10.doc · Kurt Bressner April 1, 2004 Ordinance Revisions - Chapter :LO Page 3 of 6 :1. Rental Fee Staff is proposing an increase in container rental fees as outlined in the proposed ordinance revision. Staff proposes an increase in fees ranging from less than five percent to nearly thirty percent for an eight-yard container. Staff has proposed this increase for one reason only. We have been receiving a number of complaints about the conditions of our front-load containers located throughout the community. Many of our customers are asking that some of the older containers be replaced. Because the rental charge is a direct cost associated with providing the container, staff is proposing that we increase the rental rates to allow the containers to be replaced more often and thus enhance the visual appearance of the containers. Staff will note that it is not necessary to raise this container rental fee. We are doing so only to address a number of concerns about complaints, as noted. 2, Disposal Fee. This charge is set from time to time by the Palm Beach County Solid Waste Authority. This charge is passed directly on to each of our customers. ]:n Fiscal Year 1993-94, the direct charge was $3.08 per cubic yard. Staff does not believe that it is appropriate to reference the disposal charge as a defined dollar amount in the City's Code of Ordinances. Staff is proposing that the Code of Ordinances reference only that the charges as defined by the Solid Waste Authority be passed on directly to the customers. At present, this charge from the SWA is $28.00 per ton. 3. Operatincj Char~je The operating charge is the cost of providing the City services. Approximately 62 percent of our Solid Waste Department costs are vested in both labor and equipment costs. Obviously, the Solid Waste program is very labor and equipment intensive. Staff is proposing that this rate be fixed at $3.00 per cubic yard and is adjusted four percent annually hereafter to reflect the cost of inflation that occurs each year when equipment costs and labor costs rise. Once again, the attached rate charge shows a comparison between our existing commercial charge for a four-yard container and the proposed charge for a four yard container with comparison to rates that we found on our survey of other nearby communities. We have selected a four cubic yard container because it is the most common size of container used by our customers. This comparison shows that our proposed rate is competitive between the private and public sectors. ]:T, Operatin_o Zssues Staff is proposing a number of other changes within the Solid Waste Code beyond the rate structure modifications. Many of the changes proposed by staff are grammatical and structural changes. For example, proper reference to the Public Works Director or the Solid Waste Department has been incorporated into the code where appropriate. Furthermore, a number of S:\PW~Correspondonce\2004 Memos - lnterdepartment & [ntemffice\04-052- Ordinance Revisions-Chapter 10.doc Kurt Bressner April 1, 2004 Ordinance Revisions - Chapter 10 Page 4 of 6 exhibits such as letters have been stricken from the code because staff does not believe it is appropriate to embed a routine staff operating function within a municipal code. Many definitions have been clarified to provide consistency throughout all provisions of the Solid Waste code and a number of minor changes have been made in verbiage in order to provide better direction to Code Compliance staff as they enforce the various provisions of the code. Each of these is fairly clearly outlined in the proposed revisions. Staff remains available to answer any questions you may have on these minor changes. Of the operating changes, staff believes there are two primary areas that merit discussion and highlight for your benefit and that of the City Commission. First, we believe that it is appropriate that the issue of automated garbage collection be raised at this time. As noted earlier in this report, much of the cost savings in Solid Waste expenses over the last several years have been realized by implementing automated garbage collection services. When automated services were implemented, homeowners were provided carts and a new style of automated garbage truck was purchased. This allowed the City to place one employee onto an automated garbage truck compared to prior days when three people, if not more, staffed a garbage truck for the purpose of rear-load garbage collection. When the City implemented automation in 1997, a number of areas and/or homeowner's associations were given the choice as to whether or not they chose to be automated. At present, we still have five primary areas in the City that have chosen not to become automated in their garbage collection. These areas include Nautica, Boynton Leisureville, Palm Beach Leisureville, High Point, and Pine Point. These five areas are still being collected by rear-load garbage trucks staffed by three people. Therefore, City costs to collect garbage are somewhat higher in these areas. We still have an ability to achieve additional cost savings in the future thus keeping our residential rates steady at $10.50 per month. It is staff's recommendation that we pursue automation in these five areas so that the remainder of the City can benefit by stable garbage rates. Staff recognizes, however, that residents in some of these areas may still choose not to be automated. For example, one of the arguments against automation that we heard in the Leisureville area is that homeowners did not have sufficient room to provide indoor storage of the City-provided carts. There is no doubt this argument will still exist by residents in both Leisureville areas. High Point and Pine Point provide additional difficulties as well. Presently, in these areas the residents enjoy the luxury of having their garbage stored in underground containers. The City does not remove garbage from underground containers and relies upon homeowner's association personnel or residents to do so in order to expedite our timeframe for collection and also to minimize potential injury of employees by not having to reach into the ground to collect garbage. Nautica, located west of Lawrence Road, is a subdivision that could easily transition to the automated system. :In fact, we have received a preliminary favorable response from members of the homeowner's association board about transferring to the automated collection system. We are hopeful to have this in place within the next twelve months. The stark rea/ity is that those areas of the community that have gone automated, are subs/d/zing the additiona/ collect/on costs in those areas of the City that have chosen not to become automated. The cost to provide garbage collection services in non-automated areas is higher than the cost to provide services in those areas that have chosen to become fully automated. Staff is not recommending that the City mandate automation on the remaining five areas of the community that is still not automated. Rather, staff is proposing a two-fold $:\P~V~Correspondence\2004/qemos - ]nterdepartment & ]nteroff'~=e\04-052- Ordinance Revis~ns-Chapter lO.doc Kurt Bressner April 1, 2004 Ordinance Revisions - Chapter :/0 Page 5 of 6 approach that gives members of various homeowner's associations and/or geographic areas the following choices: a. The homeowners in the area choose to become fully automated and they continue to be charged the garbage rate of $10.50 per month, or b. Should those homeowner's choose to remain non-automated, the City shall charge a differential rate of $13.00 per month to the residents in those areas in recognition of the additional cost of providing a service that differs from the remaining part of the community. The second item concerning operational procedures involves the timeframe for which trash can be placed at the pavement edge for pick up. Presently, the code allows homeowners to place garbage and other bulk trash items at the roadway edge 72 hours prior to their scheduled pick up. Many homeowner's have chosen to place landscape waste and bulk trash items at the pavement edge sometimes as much as three days in advance of the pick up day. As a staff, we are receiving increased numbers of complaints from the public regarding the appearance of their neighborhoods because some of their neighbors have placed garbage out at the edge of the roadway at such an early time compared to the pick up date. Staff is recommending that the ordinance be changed to allow for placement of bulk items and landscape trash at the pavement edge no more than 24 hours in advance of the pick up day. Tn essence, homeowners would be allowed to place these items at the pavement edge one day prior to the pick up day. Staff does not believe that this proposed change to the code is unreasonable. Tn fact, many homeowners associations have this within their association by-laws already. Summary City staff has proposed a number of rate changes and operating changes that will affect many of our residents. We recognize that it is important to properly notify our public of these changes and the rationale for same. Staff will provide letters to each of the property management companies that service multi-family units, where appropriate, and will include notice in water bills for the individual residents. We anticipate creating flyers, warning stickers, and other materials in order to educate the public about the rate changes as well as the operational changes referenced. The Public Works staff believes that we offer an outstanding level of service to our customers. Our employees are dedicated; they are friendly; and they are efficient. We have made changes over the past ten years that have kept residential and commercial rates constant and we are now at a time that efficiencies cannot by themselves maintain rates. Tt is essential that we consider the rate changes for commercial and multi- family customers in order to maintain the single-family residential rate. The single-family customer is by far our largest customer base. We are pleased that we are not proposing any rate change for our single-family customers. S:\P~Conespondence\2004 Memos - Interdepartment & ]nterotT~ce\04-052- Ordinance Revisions~=hapter 10.doc SOLID WASTE RATE COMPARISON April 5, 2004 RESIDENTIAL MULTI-FAMILY SERVICE MUNICIPALITY REFUSE RATE REFUSE RATE LEVEL Boca Raton Ad Valorem Tax Ad Valorem Tax Twice/wk - Garbage $12.00 Side yard P/up for curbside p/up Once/wk - Recycling $13.50/unit for Once/wk - Vegetation dumpster service Quarterly - Bulk Trash Ci~, does not provide Commercial Service Boynton Beach $10.50 $ 6.00/unit (current) Tx~fce/wk - Garbage $ 9.00/unit (proposed) Once/wk - Recycling Once/wk - Bulk/Vege 4-Yard Commercial Rate ~ 1 p/up per week = $107.49/month - (current) $119.92/month - (proposed) Green Acres $ 5.38 $ 3.49/unit 2XPickup T~4ce/wk - Garbage $ 4.60/unit 3XPickup Once/wk - Recycling Once/wk - Bulk/Vege City does not provide Commercial Service Lake Worth $14.87 $14.87 under 9 umts Twice/wk - Garbage Over nine units is Once/wk - Recycling Billed as commercial Once wk - Bulk/Vege 4-Yard Commercial ~ 1 p/up per week = $79.02/month Lantana $15.00 $15.00/umt Txvice/wk - Garbage $ 1.67 (Recycling) $ 1.67/unit (Recycling) Once/wk - Recycling Bi-weekly-Bulk/Vege City does not provide Commercial Service Palm Beach Ad Valorem Tax $11.50/unit Four/wk - Garbage Once/wk - Recycling Once/wk - Vegetation Call In/Fee - Bulk Commercial Service is billed as follows 5/day week/p/up: Low Volume = .023 per sq. foot of building Med. Volume = .149 per sq. foot of building High Volume = .655 per sq. foot of building West Palm Beach $16.00 $16.00/unit - 1st bldg. Twice/~vk - Garbage $ 9.00/unit - 2,3,4,bldg. Once/wk - Recycling $16.00/unit - 5th bldg. Once/wk - Vegetation $ 9.00/umt - 5, 7, 8 bldg. Twice/wk - Bulk 4-Yard commercial rate ~ 1 p/up per ,veek = $112.00/month XII. - LEGAL CITY OF BOYNTON BEAC ITEM B.3 AGENDA ITEM REQUEST FO t 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 [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 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: Approval of an Ordinance amending Chapter 2, Article IX Boynton Beach Arts Commission, Section 2-156 of the Code of Ordinance, for purposes of clarification and consistency regarding Board composition. EXPLANATION: When Ordinance 01-64 was passed creating the Arts Commission, although membership was to be comprised of seven members and two alternates for three year staggered terms, there was no mechanism provided for selection of first time board members. This proposed ordinance sets suggested procedure for appointment of board members to institute the staggered terms. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head's Signature '/ ' City Manager~//5(i~na~'e City Attorney's Office Department Name ~//]-' CityAttorr f/finance/ Human Resources t/ S:'~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ~ ORDINANCE 04-- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING CHAPTER 2, ARTICLE IX, 5 BOYNTON BEACH ARTS COMMISSION, SECTION 2-156 6 "ORGANIZATION", FOR PURPOSES OF CLARIFICATION 7 AND CONSISTENCY; PROVIDING FOR CONFLICTS, 8 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 9 DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to amend 12 Chapter 2-156 (c) and (d), Organization of the Boynton Beach Arts Commission, to correctly 13 reflect qualifications and appointments consistent with other Board appointments; and 14 WHEREAS, the City Commission of the City of Boynton Beach has determined that the 15 enactment of this Ordinance is in the best interests of the citizens of the City of Boynton 16 Beach; 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 18 CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing Whereas clauses are true and correct and are now ratified and 20 confirmed by the Commission. 21 Section 2. That Chapter 2, Article IX. Boynton Beach Arts Commission, Section 2-156 is 22 hereby amended by adding the words and figures in underlined type, and by deleting the 23 words and figures in struck-through type, as follows: 24 Sec. 2-156 Organization. 25 26 (a) The Arts Commission ... 27 C:\Documents and Settin~s\lamannar. CITY~ocal SettingsVFemporary Intemet Files\OLK120\Revised Arts COIILvB SSIOll.doc .... ; 1 The Arts Commission shall be comprised of'seven (7) perrnanent members, and two 2 (2) alternate members, all to be appointed by the City Commission. Of the members 3 so appointed, three (3) shall be for a term of three (3) years, two (2) shall be for a term 4 of two (2) years, and two (2) shall be for a term of one (1) year. Their successors 5 shall be appointed for a term of three (3) years. Alternate members shall be appointed 6 for a period of one (1) year. All members may be reappointed at the pleasure of the 7 City Commission at the termination of their appointment, with no limit as to the 8 number of terms they may serve. 9 l0 (c) Appointees to the Arts Commission shall be ~ residents or business 11 owners preferably with the following background: Artist, art volunteer/activist; 12 planner; private developer; architect; neighborhood association member; interested 13 citizen. 14 t5 (d) At the organizational meeting of the arts commission a chairperson and vice- 16 chairperson shall be selected by majority vote of the arts commission. The 17 chairperson and vice-chairperson shall be selected annually at the anniversary of the 18 first meeting of the arts commission, or at the ~May meeting of the arts 19 commission. 20 21 Section 3. Each and every other provision of the Chapter 2 of the Code of Ordinances not 22 herein specifically amended, shall remain in full force and effect as originally adopted. 23 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 24 with any provisions of this ordinance are hereby repealed. 25 Section 5. Should any section or provision of this Ordinance or any portion thereof be 26 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 27 remainder of this Ordinance. 28 Section 6. Authority is hereby given to codify this Ordinance. 29 Section 7. This Ordinance shall become effective immediately. 30 FIRST READING this __ day of ,2004. 31 32 33 C:\I)ocmnents and Setfines\ 'lamannar. CgrY'qtx~al Settings\Temporary Intemet Files\OLK120'uqev~sed Arts Commission.docS:~.CAkO~ina::c~:S&':'2r2g~fi:'c'.~qe;5~e~ P~ Ccmm.!ag~x.~cz 1 SECOND, FINAL READING AND PASSAGE this __ day of .... 2 3 2004. . 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 ATTEST: Commissioner 17 18 19 City Clerk Commissioner and Settim, s\lamannar. CITY'0~x)cal SettingsWempom~' Iuttaaet Files~LK120X. Revised Arts XII. - LEGAL ORDINANCE NO. 04-00~ XTEM D.2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING A NEW SUBSECTION 2-92, WITHIN CHAPTER 2, "ADMINISTRATION," OF THE CODE OF ORDINANCT~; PROVIDING FOR THE CONSOLIDATION OF POWERS OF THE NUISANCE ABATEMENT BOARD AND THE CODE COMPLIANCE BOARD; AMENDING CHAPTER 15, ARTICLE VIII CHANGE ALL REFRENCES TO "NUISANCE ABATEMENT BOARD" TO "CODE COMPLIANCE BOARD"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, thc Code Compliance Board and the Nuisance Abatement Board both ~re empowered to conduct quasi-judicial hearings; and WHEREAS, the consolidation of thc Nuisance Abatement Board with the Code 2ompliance Board would facilitate thc exercise of powers necessary to eliminate conditions )f nuisance within the City; and WHEREAS, the Nuisance Abatement Board meets so infrequently that the transition ~f its responsibilities to the Code Compliance Board would not constitute additional burden ~n the Code Compliance Board; WHEREAS, considerable administrative effort and cost is associated with xmintaining and operating City boards, and the Commission finds that consolidation of Boards would lessen the administrative burden expended to support board action and board 'neeting activity; NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Boynton Beach, Florida, as follows: 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 Ordinance upon adoption ~ereof. SECTION 2. Amending Chapter 2 Administration, by creating a new subsection 2- )2, as follows: 2-92. Consolidation of Nuisance Abatement Board and Code Compliance Boar. d~ survival of actions All powers~ duties~ and r~.s. ponsibilities of the Nuisance Abatement Board shall survive and be deemed merited and consolidated with the powers, duties and responsibilities of the Code Compliance Board. Ail previous actions of the Nuisance Abatement Board shall survive this consolidation unless specifically revoked by the Code Compliance Board. SECTION 3. That Chapter 15, Article VIII, "Nuisance Abatement" is hereby amended >y adding the words and figures in underlined type, and by deleting the words and figures in g:\CA\Ordinances\Consolidation of NAB and CEB 020604.doc gh type, as follows: 15-112. Definition. For the purposes of this article, the following definitions shall control: (c) Board: The nuis-ancc 'abatement Code Compliance board of the City of Boynton Sec. 15-1 I5.5 Fines for noncompliance with orders; duration of lien. (a) The Nuisance Abatement Code ComPliance Board, upon notification by the City an order of the Board has not been complied with by set time or, upon finding that a violation has been committed, may order the violator to pay a fine in an amount in this section for each day the violation continues past the date set by the Nuisance Code Compliance Board for compliance or in the case of a repeat violation, for date a repeat violation continues beginning with the date the repeat violation is found to occurred by the City. A fine imposed pursuant to this section shall not exceed $250.00 day for the violation and shall not exceed $500.00 per day for a repeat violation. The fines imposed pursuant to this section shall not exceed $5,000.00. (c) After three (3) months from the filing of any lien that remains unpaid, the Code Compliance Board may authorize the City Attorney to foreclose the lien .... ;ACA~rdinances\Consolidation of NAB and CEB 020604.doc lection 4. Each and every other provision of the Code of Ordinances not herein ;pecifically amended, shall remain in full force and effect as originally adopted. gection 5. All laws and ordinances applying to the City of Boynton Beach in conflict tith any provisions of this ordinance are hereby repealed. ;ection 6. Should any section or provision of this Ordinance or any portion thereof be :leclared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby given to codify this Ordinance. Section 8. This Ordinance shall become effective immediately. FIRST READING this t'l day of Fe_..~c~ 2004. SECOND, FINAL READING AND PASSAGE this /~o day of CITY OF BOYNTON BEACH, FLORIDA ATTEST: Uity kXl2A\O~dinaaces\Consolidalion of NAB and CEB 020604.doc XlI, - LEGAL ORDINANCE NO. 04-0 ] 0 ITEl~l D.3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, ARTICLE 1, CHAPTER 1.5 PLANNING AND DEVELOPMENT GENERALLY., AND CHAPTER 1. ARTICLE VII "APPEALS"; PROVIDING FOR THE CONSOLIDATION OF POWERS OF THE BUILDING BOARD OF ADJUSTMENT AND APPEALS WITH THE PLANNING AND DEVELOPMENT BOARD; THAT ALL OF THE DUTIES, POWERS, AND PROCEDURES, AS OUTLINED IN CHAPTER 108 OF THE BOYNTON BEACH ADMINISTRATIVE AMENDMENTS TO THE 2001 FLORIDA BUILDING CODE AND THE PALM BEACH COUNTYWIDE AMENDMENTS SHALL SURVIVE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Building Board of Adjustment and Appeals and the Planning and )evelopment Board both are empowered to conduct quasi-judicial hearings; and WHEREAS, the Building Board of Adjustment and Appeals meets so infrequently ;hat the transition of its responsibilities to the Planning and Development Board would not ;onstitute additional burden on the Planning and Development Board; WHEREAS, considerable administrative effort and cost is associated with naintaining and operating City boards, and the Commission finds that consolidation of 3oards would lessen the administrative burden expended to support board action and board activity; and WHEREAS, the City Commission desires to grant to the Planning and Development the functions and duties formerly held by the Building Board of Adjustment and NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Beach, Florida, as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Ordinance upon adoption ~ereof. SECTION 2. Amending Article I, of the Land Development Regulations, Chapter .5, Section 4. (B), (C), (D), by adding the words and figures in underlined type and by the words and figures in struck-through type, as follows: Sec. 4. Advisory authority, functions, powers, and duties. (B) The planning and development board shall have all powers heretofore vested in the planning and zoning board, a~-~ the community appearance board:~ and the Building Board of Adiustment and Appeals. All powers~ duties~ and responsibilities of the Building Board of Adjustment and Appeals shall survive and be deemed mer,~ed and consolidated with the powers, duties and responsibilities ;:\CA\Ordinances\Consolidation of P&D and BBAA.doc of the Planning and Development Board. All previous actions of the .Buildine Board of Adiustment and Appeals shall survive this consolidation unless specifically revoked by the Planning and Development Board. (C) The planning and development board shall be responsible for all duties heretofore camed out by the planning and zoning board_. the community appearance beard board, and the .Building Board of Adjustment and Appeals. (D) All reference to the Land Development Regulations of the City Of Boynton Beach to the planning and zoning board~ o~ to the community appearance board, or to the Building Board of Adjustment ,-md Appeals shall hereinafter be construed to mean the planning and development board. SECTION 3. That Chapter 1 of the Land Development Regulations, Article VII, 'Appeals" is hereby amended by adding the words and figures in underlined type, and by the words and figures in struck-through type, as follows: 1. Appeals from decisions of an administrative official. Assignment of Appeals .... 1. The building board .... a ............... appeals planning and development will hear and decide appeals of ... ......... ~ ......... J ................ rv .... anning and board. A. Eligibility. Appeals of decisions of the ~,,,;~.u.~ ~,~,~ ~c .dju .......... an'~ appeals planning and development board may be taken by any aggrieved party affected by a board decision. 4. All of the duties, powers, responsibilities and procedures as outlined in 108 of the Boynton Beach Administrative Amendments to the 2001 Florida Building and the Palm Beach Countywide Amendments shall survive. ¢ection 5. Each and every other provision of the Code of Ordinances not herein y amended, shall remain in full force and effect as originally adopted. 6. All laws and ordinances applying to the City of Boynton Beach in conflict any provisions of this ordinance are hereby repealed. ;:\CA\Ordinances\Consolidation of P&D and BBAA.doc Section 7. Should any section or provision of this Ordinance or any portion thereof be :leclared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 8. Authority is hereby given to codify this Ordinance. Section 9. This Ordinance shall become effective immediately. FIRST READING this ~ "/ day of ~'~-l~ratl.~, 2004. SECOND, FINAL READING AND PASSAGE this /~ day of CITY OF BOYNTON BEACH, FLORIDA ,TTEST: ~ ~ ~it~Clerk--,l~5~t~ ' :\CA\Ordinances\Consolidation of P&D and BBAA. doc XlI. - LEGAL CITY OF BOYNTON BEAC] ITEM D.4 AGENDA ITEM REQUEST FO ,- Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 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: Discussion of proposed Ordinance amending Land Development Regulations, Chapter 1.5 Planning and Development, Article 1, Section 1 - Planning and Development Board. EXPLANATION: With the recent consolidation of the Planning and Development Board with the Building Board of Adjustment and Appeal, this proposed ordinance is being presented to the City Commission for discussion purposes only at this time. The Ordinance provides for the Planning and Development Board to be comprised of a certain number of licensed professionals as well as "lay" members. By incorporating aspects of both Boards' membership requirements this ordinance provides a solution to concerns regarding the effect of the Boynton Beach Amendments to the Building Code on the dual role of the Planning and Development Board. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Department Head's Signature City Manager's Signature City Attorney's Office C~/Y]~0 fJl~A~d/~t/ Department Name ~ ' City'Attorn~2 l~inance / Human Resources S:XBULLETINkFORMS~AGENDA 1TEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 1.5 PLANNING AND 6 DEVELOPMENT GENERALLY, ARTICLE 1, SEC. 1 7 "PLANNING AND DEVELOPMENT BOARD - 8 ESTABLISHMENT AND COMPOSITION"; PROVIDING 9 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND 10 AN EFFECTIVE DATE. 11 12 WHEREAS, with the recent consolidation of the Planning and Development Board 13 and the Building Board of Adjustment and Appeal, the City Commission has deemed it 14 necessary to expand the qualifications necessary for appointment to the Planning and 15 Development Board; and 16 WHEREAS, to clarify the appeal process by designating from the current members 17 of that Board, a five member Heating Board to hear appeals from a building code or life 18 safety code interpretation; and 19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing whereas clauses are tree and correct and are now ratified 22 and confirmed by the City Commission. 23 Section 2. That Chapter 1.5 Planning and Development Generally, Article 1. 24 Section 1. is hereby is hereby amended by adding the words and figures in underlined type 25 and by deleting the words and figures in struck-through type, as follows: 26 Sec. 1. Planning and development board - Establishment and composition. 27 A. A City of Boynton Beach Planning and Development Board is hereby created and 28 established, consisting of seven (7) regular members and two (2) alternate members 29 appointed by the City Commission of the City of Boynton Beach. Of the nine (9) total 30 members, four (4) members (either regular or alternate) must have either worked as one of 31 the following professions or be currently licensed or certified to perform professional services S:\CA\OrdinanceskLDR CbangeskAmdending LDR - Chapter 1 - P&D Board.doc 1 in the State of Florida as either: an Architect, Engineer, Landscape Architect, Contractor, 2 Electrician, Surveyor, Land Planner, or Attorney with land development experience. The 3 remaining five (5) members shall be lay members. 7 arc~te;ture .........~ .......... ,- ~ , ,~,,~-r~ ~-. ~,.~ arming When the Planing and 8 Development Bored is conducting the he~ng of an appeal from a building code or life safety 9 code inte~retation, the Ch~erson shall desi~ate from the cu~ent members a five (5) 10 member Hemng Bo~d comprised of three (3) of the fo~ (4) professional licensed mem~rs, 11 one addition~ member, and the Ch~erson of the Planning and Development Bo~d. 12 Section 3. Each and eve~ other provision of the Land Development Regulations 13 not herein specific~ly mended, shall remain in full force ~d effect as originally adopted. 14 Section 4. All laws and ordnances appl~ng to the City of Boston Beach in 15 conflict with ~y provisions of this ordinance ~e hereby repe~ed. ~6 Section 5. Should ~y section or provision of ~is Ordnance or any po,ion 17 thereof be decl~ed by a court of competent jurisdiction to be invalid, such decision shill not 18 ~fect the reminder of this Ordinance. 19 Section 6. Authority is hereby ~ven to co~fy t~s Or~n~ce, 20 Section 7. This Ordinance shall become effective i~e~ately. 21 ~ST ~~G this ~ day of ,20~. 22 S:\CA\OrdinancesXLDR ChangesLMndending LDR - Chapter 1 - P&D Board.doc 1 SECOND, FINAL READING AND PASSAGE this __ day of 2 3 ,2004. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 23 City Clerk 24 25 S:\CA\OrdinancesXLDR ChangesXAmdending LDR - Chapter 1 - P&D Board.doc