Agenda 07-06-04 It is July - the kickoff of the summer season. It is also a time to enjoy the out-of-doors, spend time with
family and friends, and just kick back and relax. That is why the National Recreation and Park Association, Florida
Governor Jeb Bush, and the Florida Recreation and Park Association have designated July as Recreation and Parks
Month.
WHEREAS, parks, recreation activities, and leisure experiences provide opportunities for young people to
live, grow, and develop into contributing members of society, and
WHEREAS, parks and recreation create lifelines and continued life experiences for older members of our
community, and
WHEREAS, parks and recreation generates opportunities for people to come together and experience a
sense of community through fun recreational pursuits, and
WHEREAS, park and recreation agencies provide outlets for physical activities, socializations, and stress
reducing experiences, and
WHEREAS, parks, playgrounds, nature trails, open spaces, community and cultural centers, and historic
sites make a community an attractive and desirable place to live, learn, work, visit, and play and contribute to our
ongoing economic vitality, and
WHEREAS, parks, greenways, and open space provide a welcome respite from our fast paced, high-tech
lifestyles while protecting and preserving our natural environment, and
WHEREAS, parks and recreation agency staff members touch the lives of individuals, families, groups, and
the entire community which positively impacts upon the social, economic, health, and environmental quality of our
community, and
WHEREAS, July 2004 has been designated as Recreation and Parks Month by the National Recreation and
Park Association and the Florida Recreation and Park Association.
NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, proclaim July as
"Recreation and Parks Month"
and encourage all citizens to celebrate by participating in their choice of pleasurable activities to find refreshment from
their leisure and to enjoy the benefits derived from quality public recreation.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach,
Florida, to be affixed this 6· day of July 2004.
Jerry Taylor, Mayor
CITY OF BOYNTON BEACH
ATTEST:
City Clerk
(Corporate Seal)
C:\Documents and Settings\majorsw. Cl'T'~Local Settings\Temporary Internet Files\OLK15\RecreationIparks Month -
2004.doc
[[[..ANNOUNCEHENTS & PRESENTATIONS
Item C.2A
CITY OF BOYNTON BEACt
AGENDA ITEM REQUEST FOlx 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 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)
[] MaylS, 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 ~ ~r~
[] Consent Agenda [] Public Hearing c:~ ~ c'~
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
EXPLANATION: Recognition of the Traffic Safety Award Winners- held on June 2, 2004 at the Eighteenth
Annual Traffic Safety Awards Luncheon, sponsored by the Traffic Safety Committee of the Palm Beaches.
PROGRAM IMPACT: To recognize the efforts of Officer Michael Lane, Sgt. Steele and the Traffic Unit of the Boynton
Beach Police Department.
FISCAL IMPACT:
ALTERNATIVES:
j p~, me~~ City Manager's Signature
Department Name City Attorney / Finance / Human Resources
Police Department
S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
~.~..~.....~....~.~..[~.....~~ (561) 6894733
FAX (561) 683-1717
Polo Market Place · 770-5 South Military Trail · West Palm Beach, Florida 33415-3906
Boynton Beach Police Department-Traffic Unit
135 NE 1 st Ave
Boynton Beach, FL 33435
Dear Traffic Safety Award Winner
We were delighted to honor you at our Eighteenth Annual Traffic Safety
Awards Luncheon. Your efforts in Traffic Safety demonstrate how valuable
the work you do is to all you serve.
We have enclosed a picture of you from the event.
Thank you for all you do to keep South Florida a save place to work and
play.
It is through your efforts that we will continue our work to make positive
changes in traffic safety.
On behalf of the Committee, Thank you.
Sincerely,
Toni Burrows
Chair-Traffic Safety Committee
A non-profit committee promoting Traffic Safety in Palm Beach County
TRAFFIC SAFETY AWARD WINNERS
/
At the Eighteenth Annual Traffic Safety Awards Luncheon, held
June 2, 2004, Officer Michael Lane and Sgt. Steele of the Traffic
Unit received Distinguished Service Awards for their efforts in
traffic safety, demonstrating how valuable their work is to all they
serve.
Officer Michael Lane, one of the two DUI Officers of the Traffic
Unit, during 2003 wrote 580 traffic citations had a total of 114
DUI arrests. Officer Lane, not only works as a DUI Officer, but he
also maintains all of the equipment related to DUI arrests. During
2003, Officer Lane hosted and participated in three DUI
checkpoints in the city. In addition, he attends functions in the city
educating the public about not drinking and driving.
The City of Boynton Beach Traffic Unit won this year's
Distinguished Service Award for Enforcement. Under the
leadership of Sgt. Stewart Steele, the city's Traffic Unit
successfully participated in Road Runner (a program designed to
reduce speeding in our city), which resulted in enforcement totals
of 2,975 citations, 2 DUI arrests, 4 felony arrests and 6
misdemeanor arrests. The unit also participated in Buckle Up
Florida; You Drink, You Drive, Your Lose; DUI Enforcement,
Train Safety Awareness campaigns. These enforcements netted
806 seatbelt citations, 24 child restraint citations, 1,396 speeding
citations, 11 reckless driving citations, and 61 DUI arrests.
The motorcycle units issued 8,176 citations, 94 parking citations,
made 5 DUI arrests and handled 53 crashes.
Our next award goes to Officer Michael Lane with the
Boynton Beach Police Department.
In 2003 Officer Lane worked as a member of the traffic
unit as a DUI Officer.
During 2003 Officer Lane wrote 580 citations, and had
a total of 114 DUI arrests. Officer Lane not only works
as a Boynton Beach DUI Officer, but he also maintains
all of the equipment related to DUI arrests.
During 2003 Office Lane hosted and participated in 3
DUI checkpoints in the city. In addition Officer Lane
attends functions in the city educating the public about
not drinking and'driving.
We are pleased to give such a dedicated Officer this
years Distinguished Service Award for Enforcement-
DUI.
Our next award goes to Bo~Beach Traffic Unit,
which is under the leadership of Sergeant Stewart
Steele.
Under his leadership the cities traffic unit successfully
participated in Road Runner initiatives, which resulted
in enforcement totals of 2,975 citations, 2 DUI arrests, 4
felony arrests, and 6 misdemeanor arrests.
They also participated in Buckle Up Florida, You
Drink You Drive Your Lose, DUI enforcement, Train
Safety Awareness campaigns which netted 806 seatbelt
citations, 24 child restraint citations, 1,396 speeding
citations, 11 reckless driving citations 61 DUI arrests,
and 890 recovered stolen vehicles.
The motorcycle units issued 8,176 citations 94 parking
citations made 5 DUI arrests and handled 53 crashes.
This is one industrious Traffic Safety Department. We
applaud your efforts and we are pleased to give the City
of Boynton Beach Traffic Unit this years Distinguished
Service Award for Enforcement. ~$~- ~3~*'~). f. t.. ~
TRAFFIC SAFETY AWARD WINNERS
At the Eighteenth Annual Traffic Safety Awards Luncheon,
sponsored by the Traffic Safety Committee of the Palm Beaches,
held on June 2, 2004, Officer Michael Lane and Sgt. Steele of the
Traffic Unit received Distinguished Service Awards for their
efforts in traffic safety, demonstrating how valuable their work is
to all they serve.
Officer Michael Lane, one of the two DUI Officers of the Traffic
Unit, during 2003 wrote 580 traffic citations had a total of 114
DUI arrests. Officer Lane, not only works as a DUI Officer, but he
also maintains all of the equipment related to DUI arrests. During
2003, Officer Lane hosted and participated in three DUI
checkpoints in the city. In addition, he attends functions in the city
educating the public about not drinking and driving.
The City of Boynton Beach Traffic Unit won this year's
Distinguished Service Award for Enforcement. Under the
leadership of Sgt. Stewart Steele, the city's Traffic Unit
successfully participated in Road Runner (a program designed to
reduce speeding in our city), which resulted in enforcement totals
of 2,975 citations, 2 DUI arrests, 4 felony arrests and 6
misdemeanor arrests. The unit also participated in Buckle Up
Florida; You Drink, You Drive, You Lose; DUI Enforcement,
Train Safety Awareness campaigns. These enforcements netted
806 seatbelt citations, 24 child restraint citations, 1,396 speeding
citations, 11 reckless driving citations, and 61 DUI arrests.
The motorcycle units issued 8,176 citations, 94 parking citations,
made 5 DUI arrests and handled 53 crashes.
IlL-ANNOUNCEMENTS & PRESENTAT?ONS
CITY OF BOYNTON BEACH Item C~l~ '_~
AGENDA ITEM REQUEST FORM
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) [] Jul)' 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 :J::
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Permit presentation
EXPLANATION: The Florida Society of Enrolled Agents sponsors a program for children called "Christmas in June." Its
focus is to collect teddy bears for children in trauma. The organization has about 30 bears that it would like to present to
Police and Fire to distribute as needed. Altogether, the organization has collected 2,300 bears that it has been distributing
around the state. FSEA members are federally authorized tax practitioners who have demonstrated technical competence in
tax law and are the only taxpayer representatives licensed to practice by the U.S. government.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: Not permit presentation ~ ~ ~,,,,7
~7~ Depantment He~i~s Signature ity anager s Signature
Public Affairs
Department Name City Attorney / Finance / Human Resources
S ABULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC
Prainito, Janet
From: Costello, Joyce
Sent: Tuesday, June 15, 2004 4:56 PM
To: Prainito, Janet; Segal, Wayne
Cc: Bressner, Kurt
Subject: July 6th Commission Meeting
Janet
Please put on the July 6th agenda under Presentations:
Presentation by Florida Society of Enrolled Agents of teddy bears to Police and Fire Depts.
The presentation will be done by Paul Murray and Danny Underwood.
Wayne - as you and I discussed you will prepare the agenda cover sheet.
Thank you
jc
05/17/2004 16:24 FAX 561 743 0919 ULT INSURANCE JUPITER ~002
V. ADMZNISTRATIWE
I'TEM A.
Brenda Shamblin
735 E Blvd. Chatelaine
Delray Beach, Florida 33445
City of Boyaton Beach
Clerk's Office/Code Compliance
City of Boynton Beach
Boynton Beach, Florida
Attention: Susan, Clerk's Office
Reference: Code Compliance Board Member
Dear Susan:
Please accept this lvtter as my resignation from the City of Boynton Beach Code
Compliance Board.
AS you can see, I moved to Delray Beach and I understand I am no longer ehgible tn bca
board member. It was a pleasure to serve on the board.
As an aside, I must say I found workin~ with the staff of the code compliance
organization for the dty of Boynton Beach a pleasure. They work well with one another
and with the board. Each member of the team goes to the board meetings fully prcpar~
and conduct themselves in a professional manner.
Best Regards,
Brenda Shamblin
Page 1 of 2
V. ADMZNZSTRATWE
Madden, Barbara ITEM B.
From: LFGI @ aol.com
Sent: Friday, June 25, 2004 1:43 PM
To: LFGI @ aol.com
Cc: dennis@burkhardtconstruction.com; FERGUSONBigMike@cs.com; byrnen @ci.boynton-
beach.fi.us; rgolber@guidancepathways.com; bcistreetscapes@bellsouth.net; mckoyc@ci.boynton-
beach.fi.us; mccraym@ci.boynton-beach.fl.us; stormet@bellsouth.net; jricketts@jtrinc.com;
SugermanD @ ci.boynton-beach.fl.us; MatrasH @ci.boynton-beach.fl.us
Subject: CRA Board Resignation
114 N. Federal Highway, Suite 202
Boynton Beach, FI. 33435
Phone (561) 736-9790 * Fax (561) 423-2432
Email - [fgi @ aol.com
June 18, 2004
Mayor, Vice Mayor, Commissioners, CRA Board & Staff and City Staff
RE: Letter of Resignation _~- ~._<
Dear All: :z: r-co
After great consideration, I have decided to end my tenure with the CRA Board effecti.v~ ~:z:
immediately.
As they say, t~me fl~es. Looking back, ~t seems hke yesterday I was forrmng the Boynt~
Ocean District Association, serving on various Vision 20/20 committees, the Chamber of Commerce
Board and committees, an AD-Hoc Landscaping and Sign Committee for the City, then the Code
Compliance Board from January 1999 through August 1999, Planning and Development Board from
August 1999 through September 2000 and finally the CRA from December 5, 2000 until now. All
total, approximately 7 years of consecutive community service.
I feel fortunate to have been a small part of Boynton's rebirth and appreciate your confidence
in me. It has been a pleasure working with you all.
This was a difficult decision, one that I have been putting off for quite awhile; however, my
work load is such that I am unable to give the attention that this responsible position deserves.
Please keep the "Vision" alive.
Most Sincerely,
6/25/20O4
Page 2 of 2
c._ -<o
c-
Z
o
6/25/2004
VI.-CONSENT AGENDA
CITY OF BOYNTON BEAC! ITEM
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 3 l, 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)
[] 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 an lnterlocal Agreement for funding from Palm Beach County in an amount to $1,000,000 to assist with
costs for construction of the Wilson Recreation Center.
EXPLANATION:
For sometime now the ciO/' has been planning to replace the Wilson Recreation Center. Palm Beach County Commissioner
Addle Greene has assisted us to secure up to $1,O00, O00 from the 2002 Recreation and Cultural Facilities Bond issue. These
documents formalize the agreement.
PROGRAM IMPACT:
The new Wilson Center building wil[ expand recreation programming and serve as a catalyst for redevelopment of the Heart
of Boynton plan.
FISCAL IMPACT:
The current estimates for only the construction of the new Wilson Center build is $2,167,000. Under the agreement the city
will be paying all planning and design costs and the first $1,167, 000 of the construction cost with the county' reimbursing us
for the next $1,000,000. Any additional cost will be paid by the city.
ALTERNATIVES:
The ciO, could fund the whole $2,167, 000 construction costs itself, or it could not proceed with the project.
ff Department Heads Signature / ' "2)/ -- Cit91Ol-a~aierrs'Sig~tu~re-' r~
Recreation & Parks ~/~..~' 0~[/~//~¢d}
Department Name ~/' City Attorn~lt'/~Fin'ance / Human Resources
S:~BULLETINWORMS'xAGENDA ITEM REQUEST FORM.DOC
RESOLUTION R04-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,-
FLORIDA, AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE
AN INTERLOCAL AGREEMENT BETWEEN PALM
BEACH COUNTY (COUNTY) AND THE CITY OF
BOYNTON BEACH (CITY) FOR FUNDING OF THE
RECREATION CENTER AT WILSON PARK; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City owns property located at 211 N.W. 13th Avenue
in the City of Boynton Beach, Florida; and
WHEREAS, the City desires to construct the Recreation Center at
Wilson Park at the above location, and has requested that the County
financially participate in the construction of this project; and
WHEREAS, the purpose of this Inteflocal Agreement is to enhance
recreational and cultural opportunities for use by the public and thereby
provide a mechanism for the County to assist the City in the funding of the
project;
WHEREAS, the County will pay to the City a total amount not to
exceed $1,000,000 for the construction of the project, and the City agrees to
provide funding in an amount of $1,167,000 or greater to complete the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. This Commission does hereby authorize and direct the
City Manager and City Clerk to execute an Interlocal Agreement between
Palm Beach County and the City of Boynton Beach to assist with costs for
construction of Wilson Recreation Center in an amount not to exceed
$1,000,000.
Section 2 That this Resolution shall become effective
immediately upon passage.
S:\C,~ '.S O~Agreernent s',h~t erlocals~lm e r 1o cai- V~'flso n Recreation. doc
PASSED AND ADOPTED this __ day of June, 2004.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
S:'CA' S O'¢tgreernent s'dmer loc als'xlnt erlocal- Wils~ n Recreation.doc
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH FOR FUNDING OF THE RECREATION
CENTER AT WILSON PARK
THIS INTERLOCAL 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 Boynton Beach, a Florida municipal corporation,
hereinafter referred to as "MUNICIPALITY"
WITNESSETH:
WHEREAS, MUNICIPALITY owns property located at 211 N. W. 13th Avenue in the
City of Boynton Beach; and
WHEREAS, MUNICIPALITY desires to construct the Recreation Center at Wilson
Park, hereinafter referred to as "the Project" at said location; and
WHEREAS, MUNICIPALITY has asked COUNTY to financially participate in the
construction of said project; and
WHEREAS, on November 5, 2002, a bond referendum was passed by the voters of
Palm Beach County for the issuance of general obligation bonds for the purpose of
financing the acquisition, construction, and/or improvements to certain recreation and
cultural facilities, in the principal amount of $50 Million ("the $50 Million Recreation and
Cultural Facilities Bond"); and
WHEREAS, the COUNTY has approved a recreation and cultural facilities project
list and proposed funding allocations for the $ 50 Million Recreation and Cultural Facilities
Bond; and
WHEREAS, the Project represents one such recreation/cultural project; and
WHEREAS, MUNICIPALITY desires to operate and maintain the Project upon its
completion; and
WHEREAS, the Project shall be open to and benefit all residents of Palm Beach
County; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into
Intedocal 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, both parties desire to increase the recreational and cultural
opportunities for residents of Palm Beach County and to enter into this Interlocal
Agreement.
NOW, THEREFORE, in consideration of the mutual .covenants, promises and
representations contained herein, the padies hereto agree as follows:
ARTICLE 1: GENERAL
Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if
fully set forth.
Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational and
cultural opportunities for use by the public and thereby provide a mechanism for the
COUNTY to assist MUNICIPALITY in the funding of the Project.
Section 1.03 COUNTY will pay to MUNICIPALITY a total amount not to exceed
$1,000,000 for the construction) of the Project as more fully described in the Project
Description, Conceptual Site Plan, and Cost Estimate attached hereto and made a pad
hereof as Exhibit "A". MUNICIPALITY recognizes that the County's funding of the Project is
being paid from the proceeds of tax-exempt bonds issued by the County. MUNICIPALITY
agrees to provide the County with a certification, in a form acceptable to the County, from
MUNICIPALITY's chief financial officer or independent accountant that each cost item for
which County funding is requested under Article 3 of this Agreement constitutes a capital
expenditure. In that regard, an item is considered a capital expenditure where the item has
a useful life and benefit beyond one year or extends the Project's use beyond one year.
Section 1.04 MUNICIPALITY agrees to provide funding in an amount of $1,167,000 or
greater to complete the Project. The parties agree that the COUNTY shall provide its
portion of the funding only after MUNICIPALITY has expended $1,167,000.
Section 1.05 COUNTY's representative during the design and construction of the Project
shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation
Department, telephone, no. (561) 966-6685. MUNICIPALITY's representative during the
design and construction of the Project shall be John Wildner, Parks Director, 742-6226.
Section 1.06 MUNICIPALITY shall design and construct the Project upon property owned
by MUNICIPALITY as more fully described in Exhibit "B" attached hereto and made a part
hereof.
Section 1.07 MUNICIPALITY shall utilize its procurement process for all design/construction
services required for the Project. Said procurement process shall be consistent with all
federal, state and local laws, rules and regulations. COUNTY shall have no contractual
obligation to any person retained by MUNICIPALITY with regard to the Project. Any
2
dispute, claim, or liability that may arise as a result of MUNICIPALITY's procurement is
solely the responsibility of MUNICIPALITY and MUNICIPALITY hereby holds the COUNTY
harmless for same to the extent permitted by law and subject to the limitations of Section
768.28, Florida Statutes.
ARTICLE 2: DESIGN AND CONSTRUCTION
Section 2.01 MUNICIPALITY shall be responsible for the design and construction of the
Project. MUNICIPALITY shall design and construct the Project in accordance with Exhibit
"A", attached hereto and made a part hereof, and with all applicable federal, state and local
laws, rules and regulations.
Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto,
MUNICIPALITY shall initiate its procurement process to select the necessary professional
engineer and/or architect to perform all engineering and/or architectural design work,
including, but not limited to, the preparation of plans, permits and specifications necessary
for the design and construction of the Project.
Section 2.03 MUNICIPALITY shall provide a copy of the engineer's and/or architect's
programming phase documents (i.e., site plan, floor plan, elevations, etc.) to the
COUNTY's Representative for review. The COUNTY's Representative shall review said
programming phase documents to ensure consistency with the intent of this Intedocal
Agreement.
Section 2.04 MUNICIPALITY shall be responsible for securing all permits and approvals
necessary to construct the Project.
Section 2.05 Prior to MUNICIPALITY commencing construction of the Project,
MUNICIPALITY shall provide a copy of all plans and specifications, along with the
associated costs thereof, to the COUNTY's Representative for review to ensure
consistency with the intent of this Interlocal Agreement.
Section 2.06 MUNICIPALITY agrees to totally complete the Project and open same to the
for its intended within six months from the date of execution of this
public
use
thirty
(36)
Interlocal Agreement by the parties hereto. Upon notification to the COUNTY at least
ninety (90) days prior to that date MUNICIPALITY may request an extension beyond this
period for the purpose of completing the Project. COUNTY shall not unreasonably deny
MUNICIPALITY's request for said extension.
Section 2.07 MUNICIPALITY shall submit quarterly project status reports to the COUNTY's
on or before 10, 1 and October 10 the
Representative
January
April
10,
July
0,
during
design and construction of the Project. These Quarterly reports shall include but not be
~limited to, a summary of the work accomplished, problems encountered,
percentage of completion, and other information as deemed appropriate by the COUNTY's
Representative.
3
ARTICLE 3: FUNDING
Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall
be paid by COUNTY to MUNICIPALITY on a reimbursable basis. Any costs incurred in
connection with the Project in excess of that amount shall be the sole responsibility of
MUNICIPALITY. Should the total cost of the Project exceed the amount as projected by
MUNICIPALITY, MUNICIPALITY shall appropriate and expend the excess funds required
for completion of the Project. The COUNTY shall not dispense any funds to
MUNICIPALITY for the Project until MUNICIPALITY has appropriated and expended said
excess funds for the Project.
Section 3.02 The COUNTY shall reimburse project costs under the terms of this
Agreement to MUNICIPALITY on a quarterly basis from the date of execution of this
Interlocal Agreement; however, should the need arise for MUNICIPALITY to be reimbursed
on a more frequent basis, then COUNTY will, at MUNICIPALITY's specific request for
each instance,' make its best efforts to reimburse MUNICIPALITY within forty five (45)
days of such special request. For each requested payment, MUNICIPALITY shall provide
to the COUNTY's Representative a fully completed and executed Contract Payment
Request Form and a Contractual Services Purchase Schedule Form, attached hereto and
made a part hereof as Exhibit "C". Said forms shall include information listing each invoice
as paid by the MUNICIPALITY and shall include the vendor invoice number; invoice date;
and the amount paid by MUNICIPALITY along with the number and date of the respective
check for said payment. MUNICIPALITY shall attach a copy of each vendor invoice paid
by MUNICIPALITY along with a copy of each respective check and shall make reference
thereof to the applicable item listed on the Contractual Services Purchase Schedule Form.
Further, MUNICIPALITY's Project Administrator and Project Financial Officer shall certify
the total funds spent by MUNICIPALITY on the Project and shall also certify that each
vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by
MUNICIPALITY as indicated.
Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total
amount allocated to MUNICIPALITY for the Project until MUNICIPALITY completes the
Project and provides COUNTY with either a Certificate of Occupancy or a Project
Completion Certification as determined by COUNTY, and the COUNTY receives and
approves all documentation as required in accordance with this Interlocal Agreement. The
COUNTY's representative shall visit the Project site to verify and approve said final
reimbursement.
Section 3.04 MUNICIPALITY shall provide a request for final reimbursement to the
COUNTY no later than ninety (90) days following completion of the Project and provision of
either a Certificate of Occupancy or Project Completion Certification to the County.
4
Section 3.05 The County agrees to reimburse MUNICIPALITY an amount not to exceed
$0 for pre-agreement costs .accruing to the Project subsequent to November 5, 2002, as
more fully described in Exhibit "D", Pre-Agreement Cost List.
Section 3.06 For construction projects fully funded by the County, no more than 10% of
the County's funding for the project shall be used for design and engineering costs for the
project and be eligible for reimbursement under this Agreement. For construction projects
not fully funded by the County, all design and engineering costs associated with the project
shall be borne by the MUNICIPALITY, and will not be eligible for reimbursement from the
County.
Section 3.07 County shall reimburse Project costs only after MUNICIPALITY has expended
its share of Project funding in its entirety. MUNICIPALITY shall provide the County with a
cedification, in a form acceptable to the County, from an independent auditor that the
MUNICIPALITY has complied with this Project funding provision. The County will be
entitled to rely on that certification in reimbursing Project costs to the MUNICIPALITY under
this Agreement.
ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE
OF THE PROJECT
Section 4.01 Upon completion, the Project shall remain the property of the MUNICIPALITY.
The COUNTY shall not be required to pay MUNICIPALITY any additional funds for any
other capital improvement required by or of MUNICIPALITY.
Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authority
and financial ability to operate and maintain said Project. MUNICIPALITY shall be
responsible for all costs, expenses, fees and charges, and liability related to the operation
and maintenance of the Project.
Section 4.03 MUNICIPALITY shall operate and maintain the Project for its intended use by
the general public for a term of thirty (30) years from the execution of this Interlocal
Agreement by the parties hereto. MUNICIPALITY shall maintain the Project in accordance
with industry standards for such facilities to prevent undue deterioration and to encourage
public use.
Section 4.04 The rights and duties arising under this Interlocal Agreement shall inure to the
benefit of and be binding upon the parties hereto and their respective successors and
assigns. MUNICIPALITY may not assign this Interlocal Agreement or any interest
hereunder without the express prior written consent of the COUNTY.
Section 4.05 It is the intent of COUNTY to issue this funding assistance to
MUNICIPALITY for the purpose set forth hereinabove. In the event MUNICIPALITY
transfers ownership of the Project to a party or padies not now a part of this Interlocal
Agreement, other than another governmental entity that agrees to assume, in writing,
5
MUNICIPALITY's obligations hereunder, COUNTY retains the right to reimbursement from
MUNICIPALITY for its participation to the full extent of the funding assistance awarded to
accomplish the Project. Should MUNICIPALITY transfer management of the project to a
party or parties not now a part of this Interlocal Agreement, MUNICIPALITY shall continue
to be responsible for the liabilities and obligations as set fodh herein. Further,
MUNICIPALITY shall not transfer management of the Project to a third party without the
written consent of the COUNTY.
ARTICLE 5: USE OF THE PROJECT
Section 5.01 MUNICIPALITY warrants that the Project shall serve a public recreational or
cultural purpose and be open to and benefit all residents of Palm Beach County and shall
be available thereto on the same cost and availability basis as to residents of
MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex,
national origin, age, disability, religion, ancestry, marital status or sexual orientation with
respect to use of the Project.
Section 5.02 The term of this Interlocal Agreement shall be for a period of thidy (30) years
commencing upon the date of execution of this Interlocal Agreement by the parties hereto.
MUNICIPALITY shall restrict its use of the Project to recreational, cultural, civic,
community and social purposes only unless otherwise agreed to in writing by the parties
hereto.
Section 5.03 MUNICIPALITY shall affix a permanent plaque or marker in a prominent
location at the completed Project indicating that the COUNTY was a contributor to the
development of the Project. Said plaque or marker shall include the County seal and a list
of County Commissioners, unless otherwise directed by the COUNTY's Representative.
ARTICLE 6: ACCESS AND AUDITS
MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the design/construction of the Project for at least five
(5) years after the end of the fiscal year in which the final payment is released by the
COUNTY, except that such records shall 'be retained by MUNICIPALITY until final
resolution of matters resulting from any litigation, claim, or special audit that starts prior to
the expiration of the five (5) year period. The COUNTY reserves the right, upon
reasonable request and during normal business hours, to inspect said Project and shall
have access to such books, records, and documents as required in this section for the
purpose of inspection or audit.
ARTICLE 7: NOTICES
Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and
hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be
addressed to the following:
6
As to the COUNTY:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, FL 33461
With a copy to:
County Attorney
301 Nodh Olive Avenue, Suite 601
West Palm Beach, FL 33401
As to the MUNICIPALITY:
City Manager
City of Boynton Beach
100 East Boynton Beach, Boulevard
Boynton Beach, Florida 33435
ARTICLE 8: TERMINATION FOR NON-COMPLIANCE
The COUNTY may terminate this Interlocal Agreement upon written notice to
MUNICIPALITY for non-compliance by MUNICIPALITY in the performance of any of the
terms and conditions aS set forth herein and where MUNICIPALITY does not cure said
non-compliance within ninety (90) days of receipt of written notice from the COUNTY to do
so. Further, if MUNICIPALITY does not cure said non-compliance within the time frame
specified above, then upon written notice, the COUNTY may require MUNICIPALITY to
reimburse any funds provided to MUNICIPALITY pursuant to this Interlocal Agreement
either in whole or in part once the COUNTY has reasonably determined that no other
remedy is available.
ARTICLE 9: REMEDIES
This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and
all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right,
power, or remedy hereunder shall preclude any other or further exercise thereof. The
parties hereto may pursue any and all actions available under law to enforce this Interlocal
Agreement including, but not limited to, actions arising from the breach of any provision set
forth herein.
7
ARTICLE 10: FILING
A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and
for Palm Beach County.
ARTICLE 11: INDEMNIFICATION
It is understood and agreed that MUNICIPALITY is merely a recipient of County funding
and is an independent contractor and is not an agent, servant or employee of County or its
Board 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, MUNICIPALITY 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, judgments, and/or causes of action of any type arriving out of or relating
to any intentional or negligent act or omission of MUNICIPALITY its agents, servants
and/or employees in the performance of this Agreement. The foregoing indemnification
shall survive termination of this Agreement.
In consideration for 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 MUNICIPALITY
is eligible to receive reimbursement from the County.
ARTICLE 12: INSURANCE
Without waiving the right to sovereign immunity as provided by Section 768.28, Florida
Statutes, the MUNICIPALITY acknowledges to be either insured or self-insured for General
Liability and Automobile Liability under Florida sovereign immunity statutes with coverage
limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver
limits that may change and be set forth by the legislature.
The MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation
and Employer's Liability insurance in accordance with Florida Statutes Chapter 440.
The MUNICIPALITY agrees to maintain or acknowledges to be self-insured for property
insurance, in an amount at least equal to the estimated completed project value as well as
subsequent modifications of that sum; thereafter, Ali-Risk property insurance for adequate
limits based on the MUNICIPALITY'S replacement cost or probable maximum loss
estimates for the perils of either fire, wind, or flood. MUNICIPALITY shall agree to be fully
responsible for any deductible or self-insured retention.
The MUNICIPALITY shall agree to provide a statement or Certificate of Insurance
evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY
agrees to recognize as acceptable for the above mentioned coverages.
8
Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability
and obligations under this Interlocal Agreement.
The MUNICIPALITY shall require each Contractor engaged by MUNICIPALITY for work
associated with this Agreement to maintain:
1. Workers' Compensation coverage in accordance with Florida Statutes
including endorsements for U.S. Longshore and Harbor Workers
Compensation Act and the Merchant Marine Act (Jones Act) in the event any
portion of the scope of services/work occurs over, near, or contiguous to any
navigable bodies of water.
2. Commercial General Liability coverage at limits of not less than $1,000,000
Each Occurrence. The COUNTY shall be added an "Additional Insured".
3. Business Auto Insurance with limits of not less than $1,000,000 Each
Accident.
4. If the construction work being performed exceeds $200,000, a payment and
performance bond for the total amount of their construction contract, in
accordance with Florida Statute 255.05.
5. The Contractor agrees to carry builder's risk insurance while the project is in
the course of construction in an amount at least equal to the estimated
completed project value as well as subsequent modifications of that sum.
ARTICLE 13: PUBLIC ENTITY CRIMES
As provided in Section 287.132-133, Florida Statutes, by entering into this contract or
performing any work in furtherance hereof, MUNICIPALITY 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 36 months immediately preceding the date hereof. This
notice is required by Section 287.133 (3)(a), Florida Statutes.
ARTICLE 14: CAPTIONS
The captions and section designations herein set forth are for convenience only and shall
have no substantive meaning.
ARTICLE 15: SEVERABILITY
If any term or provision of this Interlocal Agreement, or the application thereof to any
person or circumstance, shall to any extent be held invalid or unenforceable, the remainder
of this Interlocal Agreement, or the application of such term or provision, to any person or
circumstance other than those as to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Interlocal Agreement shall be deemed
valid and enforceable to the extent permitted by law.
9
ARTICLE 16: ENTIRETY OF AGREEMENT
This Interlocal Agreement represents the entire understanding between the COUNTY and
MUNICIPALITY, and supersedes all other negotiations, representations or agreements,
either written or oral, relating to this Interlocal Agreement. None of the provisions, terms
and conditions contained in this Interlocal Agreement may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties
hereto.
ARTICLE 17: THIRD PARTY BENEFICIARIES
This Agreement is made solely and specifically among and for the benefit of the parties
hereto, and their respective successors and assigns subject to the express provisions
hereof relating to successors and assigns, 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 parties have caused this Interlocal Agreement to be
executed on the day and year first above written.
ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS
DOROTHY H. WILKEN, CLERK BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Karen T. Marcus, Chair
ATTEST: CITY OF BOYNTON BEACH
By: By:
Clerk Mayor
APPROVED AS TO TERMS AND APPROVED AS TO FORM AND
CONDITIONS: LEGAL SUFFICIENCY:
By: By:
Dennis L. Eshleman, Director Municipality Attorney
Parks and Recreation Department
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
County Attorney
lO
LIST OF EXHIBITS
EXHIBIT A Project Description, Conceptual Site Plan, and Cost Estimate
EXHIBIT B Legal Description of Property
EXHIBIT C Contract Payment Request Form (Page 1 of 2) and
Contractual Services Purchase Schedule Form) (Page 2 of 2)
EXHIBIT D Pre-Agreement Cost List
EXHIBIT A
PROJECT DESCRIPTION, CONCEPTUAL
SITE PLAN, AND COST ESTIMATE
Wilson Center Replacement
Cost Estimate
Construction - Existing Recreation Center to be replaced to include the following:
~. Estimated Cost
~ $224,000
1,200 93,500
Lobby 425
Mechanical Room '71'/,000
Multipurpose Room 3300
734 180,500
1'/5,000
Restrooms 700 28,000
Kitchen 128 180,000
Storage 900
Game Room 185,000
Computer Lab 840 230,000
1,330
Classroom '/04 ~
Office Space
Total Estimated Construction Costs $2,16'/,000
EXHIBIT B
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT 'B'
WILSON CENTER PARK AND POOL PROPERTIES
LEGAL DESCRIPTION
A parcel of land Lots 489 - 500 inclusive, 503, 504, 506, 507, 518 - 523 inclusive, CHERRY
HILLS SUBDIVISION, according to legal description of the Palm Beach County Property
Appraiser thereof recorded as 21-45-43, N 160 FT OF SE 1/4 OF SE 1/4 OF NW 1/4 (LESS S
86.52 FT OF E 99.22 FT)
EXHIBIT C
CONTRACT PAYMENT REQUEST FORM AND
CONTRACTUAL SERVICES PURCHASE SCHEDULE
FORM
,~'~"-"~.~wr~ PALM BEACH COUNTY EXHIBIT C
i~' · ~, PARKS AND RECREATION DEPARTMENT
Date
Grantee: Project Name:
Submission #: Reimbursement Period:
Project Costs Cumulative
Item Key This Submission Project Costs
Consulting Services (CS)
Contractual Services (C)
Materials, Supplies, Direct Purchases (M)
Equipment, Furniture (E)
TOTAL PROJECT COSTS
Kev Legend i c = Contractual Sewice~
~ M = Materials, Supplies, Direct Purchases
i E = Equipment, Furniture
Certification: I hereby certify that the above Certification: I hereby certify that the documentation has
expenses were incurred for the work identified as been maintained as required to support the project
being accomplished in the attached progress expenses reported above and is available for audit upon
reports, request
Administrator Date Financial Officer Date
PBC USE ONLY
County Funding Participation $
Total Project Costs To Date: $
County Obligation To Date $
County Retainage ( ~ %) $
County Funds Previously Disbursed $
County Funds Due this Billing $
Reviewed and Approved By:
PBC Project Administrator Date
Department Director Date
H:\BOND-RAP FORMS~3Pg-Exhibit C-Bond Page I of
EXHIBIT D
PRE-AGREEMENT COST LIST
(NOT APPLICABLE)
May 27, 2004
Department of
Mr. Kurt Bressner, City Manager
Parks and Recreation
2700 6th Avenue South City of Boynton Beach
100 East Boynton Beach Boulevard
L~ke Wu,th, FL 3~4~,~ Boynton Beach, FL 33435
(56]) 966-6600
FAX: (561)642-2640 RE: 2002 Recreation and Cultural Facilities Bond Funding Agreement for
,,~,,,,.¢,c~ov. com Wilson Park Recreation Center
Dear Mr. Bressner:
Attached are two originals of an Interlocal Agreement for funding in an
amount up to $1,000,000 to assist with costs for construction of the Wilson
~ Beach County Park Recreation Center. The exhibits provided by Parks Director John
Board of County
C~*ai,~sio.e. Wildner are attached to each Agreement. This funding is being provided from
the 2002 Recreation and Cultural Facilities Bond Issue.
Y~aren T. Marcus, Chair
Tony MasilottL Vice Chairman The Agreement allows for the reimbursement of eligible project elements
indicated in Exhibit "A" incurred subsequent to November 5, 2002.
Jeff Koons
Warren H. Newell Please have the Agreement executed as soon as possible and return both
M~y M~Ca~y originals, accompanied by the required insurance certificates, to this office.
We will then place the Agreement on the Agenda for approval by the Board
Burt Aaronson of County Commissioners.
Addie L. Greene
Please contact Susan Yinger, Administrative Support Manager, at 966-6653
if you have any questions on the Agreement. On behalf of Commissioner
Addle Greene and the Board of County Commissioners, we look forward to
co.,,~,,,,~b,i,t,-~,- assisting the City of Boynton Beach with the construction of the Wilson
Recreation Center.
Robert Weisman
Parks anO Recreation Departmen~
DLE:SWY
Attachment - Two originais of Bond Agreement for Execution and Return
.A~ EqUal Opportunity Copy to: Commissioner Addle L.. Greene, District 7
AZr~,~ve,~c~o~E,,p~o~,~' John Wildner, Director ,',,~ Parks, Boynton Beach
l~ pr/nted on n~c/ed pa~er
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.2.
AGENDA ITEM REQUEST FORI .
Requested City Commission Date Final Form Must be Turned Requested Cib' Commission Date Final Form Must be Turned
Meeting Dates in to City. Clerk's Office Meetin~ Dates in to Cit3' 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: Designate Commissioner Carl McKoy as Voting Delegate for the 78th Annual Florida League of
Cities Conference- August 19 thru August 21, 2004 in Hollywood, FL
EXPLANATION: It is important that the City designate one person to be the voting delegate. Policy development, election
of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will
make decisions that determine the direction of the League.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: Not appoint a voting delegate.
Department Head's Signature City Manager's Signature
Department Name City Attorney / Finance / Human Resources
S:~I3ULLETIN~FORMSLAGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R04-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPOINTING CARL MCKOY AS
5 A VOTING DELEGATE TO REPRESENT THE CITY
6 OF BOYNTON BEACH AT THE FLORIDA LEAGUE
7 OF CITIES, INC., 78th ANNUAL CONFERENCE TO BE
$ HELD AUGUST 19-21, 2004; AND PROVIDING AN
9 EFFECTIVE DATE.
10
11 WHEREAS, the Florida League of Cities Annual Conference will be held on
12 August 19-21, 2004; and,
13 WHEREAS, the City of Boynton Beach is entitled and urged to appoint one
14 ~oting delegate to said Conference and wishes to bestow upon the following named
15 ndividual such right and honor of service.
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
17 }F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
18 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed
19 being true and correct and incorporated herein by reference.
20 Section 2. The City Commission of the City of Boynton Beach, Florida
21 tereby appoints Carl McKoy as a voting delegate to the 78th Annual Florida League of
22 2ities Annual Conference.
23 Section 3. That this Resolution shall become effective immediately upon
24 ,assage.
25
26
:\CA\RESO~Appointments\FI Mun League Voting Delegate.doc
1 PASSED AND ADOPTED this __ day of July, 2004.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor
7
8
9 Vice Mayor
10
11
12 Commissioner
13
14
15 Commissioner
16
17
18 Commissioner
19 ~.TTEST:
20
21
22 2ity Clerk
23
24 iCorporate Seal)
25
26
27
28
29
30
31
:\CA\RESO~Appointments\FI Nun League Voting Delegate.doc
VL-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon)
[] April20,2004 April 5, 2004 (Noon) [] June l5, 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 Heating
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the July 6, 2004 City Commission Agenda under Consent -
Resolutions. Staffrecommends approval of this resolution that allows endorsement of the amendment of the Declaration of
Covenants and Restrictions for "Alhambra Square", allowing for the partial release of covenants that removes the use
restriction to an ACLF, as a prerequisite to final approval of the Venetian Villas site plan (Southwest comer of Congress
Avenue and Golf Road). See explanation below and the attachments for further information.
EXPLANATION: In 1991 the Declaration of Covenants and Restrictions for Alhambra Square, was recorded in
connection with a 1989 Stipulation and Settlement Agreement between the City of Boynton Beach and the Milnor
Corporation. The settlement agreement, in part, specified certain site improvements and design requirements, and most
significantly, in accordance with Article III, Section C(5), restricts the use of the property to an ACLF. A subsequent court
order authorized the city's review of an alternative development plan, with the requirement that if approved by the city, the
court would be petitioned for amendment of the original settlement agreement to remove the ACLF use restriction. The
alternative plan, called the "Venetian Villas" consist of 50 fee simple townhomes and related site improvements, and was
approved by the City Commission on February 17, 2003. This site plan was approved with various conditions, which
included in part, the requirements to conform with original site restrictions from the settlement, or to amend the settlement
stipulations accordingly. The plan complied with most site requirements; however, the amended declaration includes
limitations and requirements to ensure resolution of selected issues indicated in the original agreement or endorsed by
adjacent homeowners. These conditions included in the amendment are attached to the document as Exhibit "B", and will
supplement the site plan conditions of approval, except where they are construed to supercede conditions g43, g44, g47, and
g48. All other conditions of approval included in the Developer Order will remain applicable. It should be noted that
requirement #8 of Exhibit "B" limits project colors to those represented on the approved site plan. Lastly, staff assumes that
due to the connection between the approved site plan and the court order or amendment, any subsequent changes to the
approved site plan, whether minor or major, may require court approval.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
S:\BULLETINLr:OILMS'xAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
DevellYl~ment D~'~a~r~efit DireCtor City Manager's Signature
Planning'~nd ZoningrD~rector ~/ City Attort~fl6~nance / Human Resources
S:',Planning~SHARED\WP\PROJECTSWenetian Villas~genda Item Request Venetian Villas Covenant & Restrict.7-6-04.dot
S:~BULLETINWORMS'OtGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION R04-
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, CONSENTING TO TI-IE AMENDMENT TO
5 THE DECLARATION OF COVENANTS AND
6 RESTRICTIONS FOR ALHAMBRA SQUARE
7 ALLOWING FOR THE PARTIAL RELEASE OF
8 COVENANTS THAT REMOVES THE USE
9 RESTRICTION TO AN ACLF, AS A REREQUISITE TO
10 FINAL APPROVLA OF 'THE VENETIAN VILLAS S1TE
11 PLAN; AUTHORIZING THE CITY MANAGER TO
12 EXECUTE THE AMENDMENT TO EVIDENCE THE
13 CITY'S CONSENT; AND PROVIDING AN EFFECTIVE
14 DATE.
15
16 WHEREAS, in 1991, a deed restriction, identified as the Declaration and Covenants
17 nd Restrictions for Alhambra Square was recorded in connection with a court-approved,
18 [989 Stipulation and Settlement Agreement between the City of Boynton Beach and the
19 Vlilnor Corporation; and
20 WHEREAS, the Stipulation and Settlement Agreement, in part, specified certain site
21 :nprovements and design requirements, and most significantly, in accordance with Article
22 II, Section C95), restricts the use of the property as an ACLF; and
23 WHEREAS, a subsequent court order authorized the city's review of an alternative
24 levelopment plan, with the requirement that if approved by the city, the court would be
25 letitioned for amendment of the original settlement agreement to remove the ACLF use
28 estriction; and
27 WHEREAS, the alternative plan, called the "Venetian Villas" consists of 50 fee
28 imple townhomes and related site improvements, and was approved by the City Commission
29 ,n February 17, 2003. The site plan was approved with various conditions, which included
:\CA\RESO~Alhambra. Amend to Declaration - Venetian Villas.doc
1 n part, the requirement to conform with original site restrictions from the settlement, or to
2 tmend the settlement stipulation accordingly; and
3 WHEREAS, the plan complied with most site requirements, however, the amended
4 leclaration includes limitations and requirements to ensure resolution of selected issues
5 ndicated in the original agreement, or endorsed by adjacent homeowners. The conditions
6 ncluded in the amendment are attached as Exhibit "B" and will supplement the site plan
7 :onditions of approval, except where they are construed to supercede conditions $43, #44,
8 ~47, and g48. All other conditions of approval included in the Development Order will
9 emain applicable; and
10 WHEREAS, due to the connection between the approved site plan and the court
11 )rder or amendment, any subsequent changes to the approved site plan, whether minor or
12 najor, may require court approval.
13 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
14 rilE CITY OF BOYNTON BEACH, FLORIDA, THAT:
15 Section 1. The foregoing "WI-IEREAS" clauses are true and correct and
16 ~ereby ratified and confirmed by the City Commission
17 Section 2. The City of Boynton Beach, by and through its City Commission,
18 :onsents to the Amendment of the Declaration of Covenants and Restrictions for Alhambra
19 ~quare, attached and incorporated herein, that allows for the partial release of covenants that
20 ~'emoves the use restriction to an ACLF, as a prerequisite to final approval of the Venetian
21 ~'illas site plan.
;:\CA~RESO~,lhambra - Amend to Declaration - Venetian Villas.doc
1 Section 3. The City Manager is authorized to execute the Amendment to
2 Declaration of Covenants and Restrictions for Alhambra Square, thereby conveying the
3 :onsent of the City of Boynton Beach to the Amendment.
4 Section 4. This Resolution shall become effective immediately upon passage.
5 PASSED AND ADOPTED this ~ day of July, 2004.
6 CITY OF BOYNTON BEACH, FLORIDA
7
0 Mayor
11
12 Vice Mayor
14
15 Commissioner
17
115 Commissioner
20
21 Commissioner
22 ATTEST:
23
24
25 City Clerk
27 (Corporate Seal)
28
30
l:\CA\RESO\A~harnbra - Amend to Declaration - Venetian Villas.doc
08-09-2004 . 12:40P~ FRO~B R V & ~, P~A. +3053~38038 T-478 P.OOZ/Oll F-201
This document has been prepared by
and when recorded r~urn [o:
Shamira Klein, Esq.
Berman R~nnert Vogel & Mandler,
t 00 Southeasl Second Sweet, Suite 2900
Miamti, Florida 33131
Phone: 305/577-4177
AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS FOR
AIJtAMBRA SQUARE
THIS AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS
FOR ALHAMBRA SQUARE (this "Amendment") is entered into as of the day of
,2004 by and between THE CITY OF BOYNTON BEACH (the "City"), RSPB, LLC,
a Florida limimd liability company, AMERICAN RETIREMENT CORPORATION ("ARC"), and
GOLFVIEW HARBOUR ESTATES HOMEOWNERS ASSOCIATION, INC., and GOLFVIEW
HARBOUR ESTATES, INC. (collectively, the "Govem~n.g Associations").
RECITALS
WHEREAS, as a condition of that certain Stipulation and Settlement Agreement with the
City, dated October 31, 1989 and entered in the Circuit Court of the 15~h Judicial Circuit in and for
Palm Beach County, Florida under Case No. 89-6178-AN (the "Stipulation Agreement"), M.i!nor
Corporation, a Florida corporation ("Milnor") as owner of A!_h.~mbra Square North, and Norman J.
Michael and Elishka E. Michael (collectively, "Michael"), as owners of Alhambra Square South and
Alhambra Square ACLF, entered into that certain Declaration of Covenants and Restrictions For
Alhambra Square, (the "Declaration") recorded on July lg, 1991 in Official Records Book 6895 at
Page 1431 in the Public Records of Palm Beach County, Florida, to knpose certain developmental
limitations upon the use of the parcels of land located in Palm Beach County, Florida, as more
partlcularly described in the Declaration;
WHEREAS, RSPB, L.L.C., a Florida limited liability company C'RSPB") is a successor in
interest to Michael and .am~qean Retirement Corporation ("ARC") is a successor in interest to
Milnor.
WHEREAS, the City, the Governing Associations, ARC and RSPB are the sole benefited
parties to the parcel described on Exhibit "A" attached hereto and are therefore the only parties
required to join in this partial release of the covenants, restrictions, conditions, terms, provi_qions,
rights and obligations created and arising in that certain Declaration.
WHEREAS, Exhibit "A" is wholly comained within the Alhambra Square South and the
· .4!hambra Square ACLF parcels.
06-09-2004 12:40PM FROM-B E V & ~, P.A. +3053736036 T-4?B P.OO3Z011 F-Z01
WffEREAS, the City, the Governing Associations, ARC and RSPB desire to partially release
the covenants, restrictions, conditions, terms, provisions, rights and obligations created and arising in
that certain Declaration as they relate to Exhibit
WHEREAS, a site plan (the ~'Si~e Plan") bas been filed with the City for the development of
, 50 town home units on the Property, which plan is prepared by CW Associates and dated December
2, 2003.
WHEREAS, the City, the Governing Associations, ARC ar, d RSPB desire to partially release
the covenants, restrictions, conditions, terms, provision% rights and obligations created and arising in
that certain Declaration as they relate to the Property.
WITNESSETH
NOW, TI~REFORE, for good and valuable consideration, the receipt ~d~ sufficiency of
which are hereby aetmowledged, the undersigned agree as follows:
1_ The above recitals are true and correct and incorporated herein by tiffs reference;
o 2. Article III, Section C(5) of the Declaration is hereby released, terminated and of no
further force or effect as to the Property, effective as of the date of the recording of this Amendmem.
Further, all reference to restricting the property dcscn'bed in Exhibit "A' hereto to an Adult
Congrcgam Living Facility ("ACLF") are hereby released and deleted in their entirety o_.n4_, from the
date of recording of this Amendment, shall not be a restriction on that certain propexty descn'bed in
Exhibit "A' hereto.
3. As a condition to the release descn'bed above, thc owner of the Property and/or its
successors in interest hereby agree that the development of thc Property shall be in conformance with
the limitations and requirements set forth on Exhibit "B" hereto.
4. This Amendment constitutes the entire agreement between the parties relating to the
subject matter hereof and may not be amended, waived or discharged, except by ~stnanent in ~g
executed by the partie~, hereto. ,
5_ This Aalexldment shMl_ be governed by and constnled in accordance with the laws of
the State of Florida.
6. This Amendment may be executed in any number ofeounterpmx& each of which shall
be deemed an original, but ail of which together, shall constitute but one instrument.
7. This Amendment is for the benefit of the parties hereto and may not be amended or
modified without the consent of the Governing Associations.
2
06-09o~004 . 12:40P~ FROI/-B R ¥ & ~, P.A. +30§3738036 T-418 P.004/011 F-~01
8. In the event construction of the development on the Property in accordance with the
She Plan is not commeneefl within one (1) year from the date of recording of this Amendment, this
Amendment will terminate and be of no fucther force or ePc~ct.
[Signature Pages to Follow.]
06-09-2004 · 12:40PM FROM'-B R V & M, P.A. +3053736036 T-475 P.O05/Oll F-ZO1
IN WITNESS WHEREOF, this Amendment is executed as of the dale first written above by each
of the parties hereto.
WITNESSES/ATTESTATIoN:
THE CITY OF BOYNTON BEACH
Print Name:
By:
Print Name:
Print Name: Title:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrumem was acknowledged before me in the County and State aforesaid this
__ day of _. ,2004 by ., who is personally known to me or
has produced , as identification.
Notary Public- State of Florida
Prim Name
My Commission Expires:
4
06-og-zo04 .12:41P~ FRO~B R V & M, P.A. +305~?~8038 T-4T6 P.006/011 F-201
IN WITNESS WHEREOF, this Amendmem is executed as of the date first written above by each of
the parties hereto.
WITNESSES/ATTESTATION:
STATE OF FLORIDA
COUNTY OF PALM BEACH
~7~ay The foregoing instrument was ac~knowledged before .me. in the County and State aforesaid this
~s produced t='/a, dr',¥a2, [;c ~ " , as idcnti~ation.
Notary Public-State of Florida
Print Name
My Commission Expires:
.r~;;;.,.. Carol A. Crowel
~ ~-~"~...~ Commission #DD173
;~; '..= . · .
;.,~.. ',-3.~; Expires. Jan ! g, 2007
" .....'" Atktnt~c Bomlmta; Co.
5
06-09-2004 · 12:41P~ FROi~-B R ¥ & ~, P.^. +3053736036 %478 P.O07/Oll F-ZO1
INWITNESSWHEREOF, thisAmcndmentiscxccutcdasofthcdatefirsxwriuenabovcbyca~hof
the parties hereto.
WITNESSES/ATIESTATION;
p~t~~~ GOLFVIEW HARBOUR ESTATES, INC.
B~
Print Name: -_ ' _0~_ ' ~
'lh-intName:oq/3~f'l.' (~~{~ Title: tg,~t,de'~-I-''
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was aeJ~nowledged before me in the County and State aforesaid this
/~__dayof l.,]~ld,/ ,2004by {~.E~t'.~I~L~ ~~ , w.h_ois~r~onallyknowntom¢
or has pr°~l~ed7- ..... . ...... ' ........ as identification. '" '
l%~ublic-sta~e Of Florida ....
't'~-t',~o,°a ,~:~,o:,,, Print Name
~g_~t~O~ uommku0~ =-',;~._ ~.~- My Commission Expires:
06-09-Z004 l~:41Pbl FROM-B R V & iA, P.A. +3053'(3~036 T-476 P.008/011 F-201
'O~'lO-~l~O4 01:¢?~ ;J~OJ~-B R V & kL P_A. *~10~37~6o~ T-G?Z P.OO;/Ol~
IN WITNESS W}~R.EOF, this Amend_m_.ent is executed as of the da~ fir~ written above by each of
The parties hereto,
STATI~ OF FLOI~IDA
COUNTY OF PALM BEACH
The foregoing instnmaen~ wa~ aelmowledge~ before me in the Cotmq/and ~tate aforesaid This
~ · ~ ~.~ .~-- . .....
- ' ' = P~x
'7
06-09-2004 IZ:41PM FROM-B R V & M, P.A- +3053?36036 T-475 P-00g/011 F-201
IN wrrNI~SS WHEREOF, this Amendmem is executed as of the date first written above by each of
the parties hereto.
WITNESSES/ATTESTATION:
AMERICAN RETIREMENT CORPORATION
Print Name: C'_. C~tc--~\ eq._ ~ ~
~~t~,1 ~ __ ;By: )~ ~//~,.-,G!~
Print Name: ' g/7~ A o /ff,~ ~',-,~
/
STATE OF ~"~"
COUNTY OF ~~
The foregoing insu'ument was acknowledged bgfore me in the County and State aforesaid this
c~glay of 'W'X'x.o.~ ,2004 by '~ ."? ~_~ who is personally known to me
or has produced ~<~xaax~.,w~e~_~ ^,,~.'~ox,~~ as identification.
NOTary/~ublic-S~e o~~
My Commission Expires: I '
[ N~ta~ Pu~c, W~lam~n C~,.TN |
06-09-2004 12:41P~ FROU-B R ¥ & ~, P.A. +3053736036 T-476 P.010/011 Fo201
The East ~.6~ feel: of Tract 4, GOLF ~ HARBOUR 3RD SECreCY,
~ atthe SouU~ast eorner of Tract 4, as shown on the Plat
Florida, according to the Plat thereof recorded in Plat Book 30 on page
119, Pubilc Records el' Palm Beach County, Florida; thence Nort~
2°21'345" West, along the East line of said Tract 4, a distance of 104.29
feet to t~e Point of Begtnn~g of the Right of Way to I~e herein described;
feet to a potnt of tangency of a curve concave to the Northwest having a
central angle ~ 88~S'44' and a racllus of ~5 feet; ther~e Southerly and
Westerly along the arc of said curve, a distance o1' 23.~! feet to a point
of revese curvature: thence Westerly, Southerly and Easterly, a~ me
arc of a cur~e concave to the East having a oentral angle of 197°43'52~
and a radius of 40 feet, a c~stance of L38.04 feet to the Point of
Beginning.
Begin at t~e Southeast corner of satd Tract 4; theme North 202~.'36"
West, on a Plat bearing, along tie East line of saki Tract 't, a dtstanm of
104.2g feet lo an Intersection wl~ a curve concave tothe North, said
a radial line from said Intersection I:~earlng North 21~49'44" West; thence
having a radius of 40.00 feet., a central angle of 29003'12', and an arc
leng~tl d 20.28 feet to an hYeersecUon with a line being 20.DO feet West
of, as measured at right angles, and parallel with the said East line of
Tract 4; ttence South 2°21'36" East.~ alon9 said parallel Ilne~ a dista~
of 102.56 feet to an intersection with the South line of said Tract 4;
thence North 87e38'24" East, along said South line, a distance of 20.00
feet to the sam $otrdeast corner of Tract 4 and the Point of Beginning.
9
05-09-Z00~ 12:41P~ FRO~B R ¥ & ~, P.A. +30§3T36036 T-476 P.Oll/OI1 F-Z01
The Hght poles on the east side of the site locoIed adjacent to ~he cul-de-sac for 13~ S~x
shall bc reduced to the minimum height required to meet lhe City of Boynton Beach Code
provided that such height and location meets the approprla~e foot ~_.~_l.e requirements.
2. The so~h wall shall be a six foot high continuous ~ aluminum bar fence with
concrete colmnm and with no gates or openings to the ~._~__! area to the sou~h of such
fence. Upon completion of the installation of such fence, plantings will be installed on
thc c~,~xior of the fence to obsmact the view of such fence from the South.
3. No construction sb.a)_l_ occur on Sunday or legal holidays and the developer further agrees to
limit Saturday constnanion from 7:30 A.M. to 12:00 PaVI.
4. Developer will include in tl~ project's Associau'on documents th.at: (i) no t~h~$ or other
water recreation shall be permitted in the drainage ~.a_! located to the south of the
propot~, and (ii) the Association will maintain the fence and plantings in the Site Plan.
5. The developer further agrees to petition the Drainage District in cooperation with the
Govern_ .~.n.E Associations to allow the existing vegetation located with;.~ the District's
right-of-way to nanain, however, the parties to the Declaration all understand that the
veg~_.m~_'_on ia located within Drainage District's fight-of-way and is not umier the full
control or ao..~bority of the developer or any other party to the DccI~n.
6. The developer shall petition Palm Beach County to allow a westbound left turn lane into
the Venetian Villa projects. The parti~ to the Declaration acknowledge that the petition
shall request Palm Beach County to fired and to consman such Uzrn lane.
7, Devcloper will request from the Palm Beach County School District that a school bus
stop be located W~!_h_i.n_ the project.
8. The colors of the buildings shall be those colors contained in the site plan presented to the
City Commission on February 17, 2004.
9. Developer shall include in the project's Association documents a prohibition from
parking on 23ra Avenue.
10. Developer will instal! trees located along the east and south sides of the project at a
min!rnmn height of 16 feet (plus or m..~nus 6 inches).
10
Prainito, Janet
From: Lamanna, Rosemarie
Sent: Tuesday, June 15, 2004 9:26 AM ,.,
To: Rumpf, Michael
Cc: Prainito, Janet; 'jcherof@cityatty.com'
Subject: RE: Alhambra Square Declaration of Covenants and Restrictions
I searched the Resolution index and find only two Resos regarding Declaration of Covenants - the first one for Two
Georges/DSS and the second one for Alhambra Square (medical arts) Declaration. So, unless I hear differently from Jim,
I guess we can prepare a Resolution. Can you email me a copy of the agenda cover sheet once it is prepared?
..... Original Message .....
From.' Rumpf, Michael
Sent: Monday, 3une 14, 2004 5:37 PM
To: Lamanna, Rosemarie
Cc: Tucker, Patricia
Subject: Alhambra Square Declaration of Covenants and Restrictions
Rose Marie, I have preparing this item for Commission review and just wanted to confirm where on the agenda it falls.
Will it require a resolution? So a resolution under consent? Mike
VI.-CONSENT AGENDA
ITEM C.6
CITY OF BOYNTON BEACI
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)
[] April20,2004 April 5, 2004 (Noon) [] June l5, 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 July 5, 2004 (Noon)
[] Administrative [] Legal .a:7'.
NATURE OF [] Announcement 7-] New Business
AGEI~H ITEM [] City Manager's Report [] Presentation ...t-
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unf'mished Business
RECOMMENDATION:
Motion to approve and execute by Resolution four (4) individual task orders for the East Water
Treatment Plant Expansion (EPX), Stage 1, Phase 1 Project totaling $ 823,790.00. Also, to
approve an owner's contingency of 5% in the amount of $ 41,190.10 for a total budget
appropriation of $ 864,980.00. This item has been revised from the May 18, 2004 Commission
Agenda and is the product of re-negotiated fees that result in over-aH savings of $ 525,957. The
owner's contingency of 5% will be applied to individual task orders on an "as needed basis".
Each Consultant will be contracted individually and will be responsible for the scope of the work
developed within their task order as follows:
· CH2M Hill, Inc. - Upper Floridan Aquifer Wellfield Development
· Kimley-Horn and Associates - Water Treatment Plant Design and Site Plan
Development
· Metcalf & Eddy - Off-Site Pipelines Development
· Arcadis G&M, Inc. - Membrane Concentrate Disposal Development
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
EXPLANATION:
As required by the City's Water Use Permit (WUP), issued by the South Florida Water
Management District (SFWMD) on August 14, 2003, the City is implementing a plan of action to
begin replacing lost weHfield capacity due to withdrawal restrictions from the surficial aquifer
in our eastern wellfield. This plan of action requires the City to begin withdrawing and
processing raw water for our potable water supply from the Upper Floridan aquifer by August
2008 and to plan for and implement withdrawal reductions out of the eastern wellfield from the
surficial aquifer (due to concerns of saltwater intrusion). SFWMD encourages the use of the
Upper Floridan aquifer as an alternative water source, since currently there are no withdrawal
restrictions or limitations for the Upper Floridan aquifer.
Utilization of the Upper Floridan aquifer water will require a multi-faceted project team
approach involving siting of potential supply wells including pilot wells for aquifer testing (flow
characteristics and raw water quality), cross-country raw water pipelines, a new water treatment
process (Low Pressure Reverse Osmosis, commonly referred to as LPRO) including an above
ground storage tank and disposal of the concentrate (a "rejected" liquid bi-product, high in
chlorides).
To implement Stage 1 of the EPX project, the Utilities Department has chosen a team of four (4)
consultants to provide professional services and serve as a highly qualified team focused on the
project's mission and goals. The four (4) team members were chosen from the list of qualified
Consultants/Engineers under the terms and conditions for the Request for Qualifications 0065-
2821-03/CJD, approved by the City Commission on November 18, 2003.
Consultants were chosen for the four (4) separate and distinct activities to take advantage of
each Consultant's resources and specialization. The expression of ideas or concerns among all
EPX project team members has been established to provide the best work product possible. The
Utilities Department, Senior Project Manager, will provide direction for the four (4) EPX project
consultants.
The existing EWTP is a lime softening plant that was constructed in 1963. The lime softening
process is not capable of properly treating the brackish raw water from the Upper Floridan
aquifer. The City intends to continue to use the surficial aquifer as its primary raw water
source and to use the Upper Floridan aquifer source and the new LPRO membrane treatment
process as needed going forward. The LPRO plant will provide the City with the best available
technology to meet all current and future potable water quality requirements, future demands
and environmental stewardship.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
On April 12, 2004, the City Commission attended a workshop presented by the Water Resources
Leadership Team. At that time, a Project Master Schedule was reviewed to demonstrate the
department's intention to synchronize project activities to avoid water shortages and/or
restrictions that would impact our customers and communities. An approved and agreed-to
Project Master Schedule is attached for reference (Exhibit 'A').
The EPX project will be delivered in two (2) stages to accomplish the need for alternative water
sources.
Stage 1 - Current Schedule May 2004 through August 2008
· Siting study for ten (10) new raw water Upper Floridan wells to provide a total of 21.3 mgd
of raw water used to produce 16 mgd of membrane permeate water for the build-out plant
capacity and two (2) pilot wells (with monitoring wells).
· New raw water main.
· New LPRO facility with 8 mgd of membrane permeate capacity, expandable to 16 mgd
permeate at build-out plant site including a new 5 MG ground storage tank.
· New membrane concentrate waste disposal system.
It is the intention of the Utilities Department to implement Stage 1 of the EPX project in two (2)
phases to identify and develop alternative raw water sources, Phase 1 - Conceptual/Preliminary
Design and Phase 2 - Design and Construction. The initial task orders for Phase 1, are the first
step toward meeting the more stringent restrictions for the City's WUP required by the SFWMD
beginning August 2008. Phase 2 services are to be provided in subsequent task orders following
the completion of Phase 1.
Stage 2 - Current Schedule August 2008 through December 2013
· Addition of an 8 mgd build-out expansion of LPRO treatment capacity
· Addition of a second 5 MG ground storage tank
· Decommissioning of existing lime softening plant
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT:
The four (4) task orders for Phase 1 of Stage 1 total $ 864,980.00. Funds are available in Utilities
Account g401-5000-590-96.10 WTR122 and Account 0403-5000-590-96.052 WTR122.
I NAME OF I TASK ORDER I RESPONSIBILITY AMOUNTOF [
CONSULTANT NUMBER TASK ORDER
$ 424,450.00
CH2M Hill, Inc. U04-5-06 Upper Floridan Aquifer Well Field
Development (Original cost:
$484,950.00)
$ 252,064.00
Kimley-Horn and Water Treatment Plant Design &
U04-10-02 (Original cost:
Associates, Inc. Site Plan Development
$350.996.00)
$ 97,281.00
Metcaif & Eddy, Inc. U04-15-03 Off-Site Pipelines Development (Original cost:
$128,814.00)
$ 49,995.00
Membrane Concentrate Disposal
(Original cost:
Arcadis G & M, Inc. U04-01-01 Development $128,814..00)
$ 823,790.00
Total Task Orders for Engineering Services (Original Cost:
$1,324,702.00)
$ 41,190.00
5% Owner's contingency for application to individual task orders "as
needed" (Original Cost
$66,23S.lO)
$ 864,980.00
(Orignal Cost:
$1,390,937.10) -
Total Savings
TOTAL BUDGET APPROPRIATION (Note: Task Order U04-08-02 for
Globaltech, Inc. for Program Management has been deleted, due to
negotiation and
project
revamping:
$525,95.7.10
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Attachments - Three Original Contracts/Per Consultant for Execution
CH2M Hill, Inc.
Kimley-Horn & Associates, Inc.
Metcalf & Eddy, Inc.
Arcadis G&M, Inc.
Exhibit 'A'
bc: Dale Sugerman, Assistant City Manager
Paul Fleming, Sr. Project Manager
Bob Kenyon, Deputy Utilities Director
Tom Fitzgerald, Chief Operator EWTP
Utilities File/WRLT
Procurement Services
1
2 RESOLUTION NO. R04-
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AMENDING RESOLUTION NO. R04-078, BY
6 DELETING GLOBALTECH INC., FROM THE LIST OF
7 APPROVED CONSULTANTS FOR THE EAST WATER
8 TREATMENT PLANT EXPANSION (EPX), STAGE. 1,
9 PHASE 1 PROJECT; AUTHORIZATION FOR THE CITY
10 MANAGER TO EXECUTE FOUR (4) INDIVIDUAL TASK
11 ORDERS IN THE TOTAL AMOUNT OF $823,790.00;
12 '- RESERVING TO THE CITY THE RIGHT TO REQUEST
13 ALTERNATE PROPOSALS FROM APPROVED
14 CONSULTANTS FOR THE REMAINDER OF THE WORK
15 IN SUBSEQUENT STAGES AND PHASES; AND
16 PROVIDING AN EFFECTIVE DATE.
17
18
19 WHEREAS, the City Commission approved Resolution No. R04-078, approving five
20 ndividua1 task orders for the East Water Treatment Plant Expansion (EPX), State 1, Phase 1
21 ~roject; and
22 WHEREAS, upon recommendation of staff, the City Commission has determined
23 hat it is in the best interests of the residents of the City of Boynton Beach, to amend
24 resolution No. R04-078 to delete the firm of Globaltech, Inc., from the list of approved
25 onsultants for the East Water Treatment Plant Expansion, Stage 1, Phase 1 project; and
26 WHEREAS, that the approval of the remaining four contracts on this project,
27 pproved by Resolution R04-078 is for Stage 1, Phase 1 work only, unless authorized in
28 ~riting by the City Manager to proceed to the next task; and
29 WHEREAS, the City reserves the right to request alternate proposals from approved
30 onsultants for the remainder of the work in subsequent stages and phases, if necessary to
31 :omplete the work.
32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
33 ['HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
:\CA'J:{ESO'~Agreements\Task - Change Orders'Amending R04-078 - Globaltech.doc
1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
4 Section 2. The City Commission of the City of Boynton Beach, Florida does
5 ~ereby authorize and direct the following:
6 a) Amendment of Resolution No. R04-078 to delete the firm of Globaltech, Inc., from
7 he list of approved consultants for the East Water Treatment Plant Expansion, Stage 1, Phase
8 project; and
9 b) That the approval of the remaining four contracts on this project listed below,
10 pproved by Resolution R04-078 is for Stage 1, Phase 1 work only, unless authorized in
11 writing bY the City Manager to proceed to the next task. Those Consultants are as follows:
12 ~ · CH2M Hill, Inc., - Upper Floridan Aquifer Wellfield Development
13 · Kimley-Horn and Associates - Water Treatment Plant Design and Site
14 Plan Development
15 · Metcalf & Eddy - Off-Site Pipelines Development
16 · Arcadis G&M, Inc., - Membrane Concentrate Disposal Development;
17 and
18 c) The City reserves the right to request alternate proposals from approved consultants
19 'or the remainder of the work in subsequent stages and phases, if necessary to complete the
20 ~ork.
21 Section 3. This Resolution shall become effective immediately upon passage.
22
xCA\RESO~greements\Task - Change Orders~nending R04-078 - Globaltech.doc
1 PASSED AND ADOPTED this __ day of July, 2004.
2
a CITY OF BOYNTON BE'ACH, FLORIDA
4
5
6 Mayor
7
8
9 Vice Mayor
10
12 Commissioner
13 ATTEST:
15 Commissioner
16 2ity Clerk
17
18 Commissioner
19
20
:\CA\RESOV~greements\Task - Change OrdersV~mending R04-078- Globaltech.doc
1 RESOLUTION NO. R04-
2
3 ~, A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 , FLORIDA, AUTHORIZING THE CITY MANAGER TO
5 ~' EXECUTE THREE INDIVIDUAL TASK ORDERS FOR
6 il THE EAST WATER TREATMENT PLAN EXPANSION
7 11 (EPX), STAGE 1, PHASE 1 PROJECT, BETWEEN THE
8 ~ · CITY OF BOYNTON BEACH AND CH2MHILL, INC.
0 FOR UPPER FLORIDAN AQUIFER WELLFIELD
l O DEVELOPMENT; METCALF EDDY FOR OFF-SITE
1~ PIPELINES DEVELOPMENT AND ACRADIS G&M.,
12 INC. FOR MEMBRANE CONCENTRATE DISPOSAL
13 DEVELOPMENT; AND PROVIDING AN EFFECTWE
14 DATE.
16 WHEREAS, as required by the City's Water Use Permit (WUP) issued by the
17 gouth Florida Water Management District (SFWMD) on August 14, 2003, the City is
18 mplementing a plan of action to begin replacing lost wellfield capacity due to withdrawal
19 'estrictions from the surficial aquifer in our eastern wellfield; and
20 WHEREAS, this plan of action requires the City to begin withdrawing and
21 ~rocessing raw water for our potable water supply from the Upper Floridan aquifer by
22 ~mgust 2008, and to plan for and implement withdrawal reductions out of the eastern
23 vellfield from the surficial aquifer; and
24 WHEREAS, to implement Stage 1 of the EPX project, the Utilities Department
25 tas chosen a team of five (5) consultants to provide professional services and serve as a
26 dghly qualified team focused on the project's mission and goals; and
27 WHEREAS, the City Commission upon recommendation from staff, deems it
28 ~propriate and in the best interest of the residents of the City to approve three (3) of the
29 ye (5) individual task orders for the East Water Treatment Plan Expansion (EPX), State
30 , Phase 1 project as follows:
~.CA\RESO'~greemems~Task - Change O~ders~Revise~ OF~lO4East Water Treatment Plant Exlmnsion - 5 task
I l) CH2M Hill, Inc. - Upper Floridan Aquifer Wellfield Development- Task
2 Order U04-5-06, Tentative Cost $484,950;
3 2) Metcalf & Eddy- Off-Site Pipelines Development- Task Order U04-15-
4 03, Tentative Cost of $128.722;
5 3) Arcadis G&M, Inc., - Membrane Concentrate Disposal Development-
6 Task Order U04-01-01, Tentative Cost $128,814.
7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
8 DF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
9 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
10 ts being true and correct and are hereby made a specific part of this Resolution upon
11 tdoption hereof.
12 Section 2. The City Commission of the City of Boynton Beach, Florida does
13 ]ereby authorize and direct the City Manager to execute three (3) individual Task Orders
14 br the East Water Treatment Plant Expansion, Stage 1, Phase I Project, as follows:
15 1) CH2M Hill, Inc. - Upper Floridan Aquifer Wellfield Development- Task
16 Order U04-5-06;
17 2) Metcalf & Eddy - Off-Site Pipelines Development - Task Order U04-15-
18 03;
19 3) Axcadis G&M, Inc., - Membrane Concentrate Disposal Development-
20 Task Order U04-01-01.
21 Section 3. The City Manager and Interim Utility Director will meet with each
22 Df the three (3) selected firms to develop a finalized project cost and timeline for the
23 :ompletion of tasks and provide a written report to the City Commission.
~C,A~R. ESO~greements~Task - Change O~s~wised 060104East Wat~ Treatmer~ Ptant ~sion- 5 task ofde~.<]oc
1 Section 4. This Resolution shall become effective immediately upon passage.
2 PASSED Al'II) ADOPTEI) this ~ . day of June, 2004.
3
4 CITY OF BOYNTON BEACH, FLORIDA
: /l~yor ! //~~
~.TTEST: . .
17 .~i~erk
18
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:tCA~O~greeme~ts~Tas.k - Change Orcle~s&Revised (~0104East W&te~ Treatmen[ Plant Ex--on - 5 task orderl.doc
KIMLEY-HORN AND
ASSOCIATES, INC.
TASK ORDER U04-10-02
EAST PLANT EXPANSION
Task Order No. U04-10-02 COMMISSION AGENDAS/18/04
City of Boynton Beach
East Water Treatment Plant Expansion Stage 1
Conceptual/Preliminary Design Phase 1
Engineering Services for Water Plant Site Plan Development
A. Background
The City of Boynton Beach (City) is embarking on a major improvement project for the
City's East Water Treatment Plant (WTP). The project named "East Plant Expansion"
(or "EPX" for short) will address the City's future water needs. Currently, the South
Florida Water Management District (SFWMD) limits the quantity of water available for
withdrawal from the City's primary source of water, the surficial Biscayne aquifer, for
potable water use. If not addressed, this existing water withdrawal restriction will create
water shortages for the City in the future.
Water Supply. The EPX Project will resolve the potential water shortage issues by
changing the East WTP's primary water source from the existing surficial Biscayne
aquifer to the deeper more plentiful upper Floridan aquifer. Due to these withdrawal
limitations and restrictions placed on the surficial Biscayne aquifer, the City is turning to
the Floridan aquifer as an additional alternative water source to the surficial Biscayne
aquifer in order to meet its future water demands. The change in the primary water
source will provide the City with an adequate water supply and help the environment by
reducing the potential for salt-water intrusion into the surrounding area's groundwater
near the East WTP.
Water Treatment. By changing the primary water source to the upper Floridan aquifer,
the EPX Project will also change the water treatment process at the East WTP from lime
softening to a low-pressure reverse osmosis (LPRO) treatment system. The new LPRO
treatment process will produce fresh water from the brackish upper Floridan aquifer water
source. The LPRO membrane treatment process is similar to the existing membrane
softening process at the West WTP and will produce a higher quality of water that is
lower in color and hardness than currently produced by the existing lime treatment
process at the East WTP. The new LPRO membrane treatment process also provides the
City with the best available technology to meet the existing and pending water quality
requirements of the Environmental Protection Agency.
Project Approach. It is anticipated that the required facilities for the East WTP will be
constructed in two stages. In Stage 1, the City will install 8 million gallons per day (mgd)
of treatment capacity and approximately ten Floridan wells to supply water by August
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT
2008. In Stage 2, the City will install the remainder of the equipment needed to expand
the treatment facilities to 16 mgd of product water capacity by year 2013.
To assist the City with Stage 1 of this large project, the City has assembled a team of five
Consultants to provide professional services for the planning, preliminary design, design,
permitting and construction of the required facilities. The EPX Project team consists of
the following consultants with their respective project responsibilities:
· Globaltech, Inc. - Program Management
· CH2M HILL, Inc. - Floridan Aquifer Well field Development
· Kimley-Horn and Associates, Inc. - Water Treatment Plant Design and Site
Plan Development
· Metcalf & Eddy - Off-Site Pipelines Development
· Arcadis G&M, Inc. - Membrane Concentrate Disposal Development
The City will engage each Consultant separately for the Stage 1 work in two separate
design phases:
· Phase 1 - Conceptual/Preliminary Design Phase
· Phase 2 -Design and Construction Phase
In general, the Conceptual/Preliminary Design of Phase 1 to be conducted by the EPX
Project team will accomplish the following:
· Select well site locations
· Construction of two Floridan aquifer test wells to determine water quality and
water withdrawal rates for well and plant process sizing
· Identify raw water main routing considerations
· Develop the new East WTP site layout to include the new LPRO facilities and the
existing facilities
· Develop treatment process criteria to be used in Phase 2 design work
· Determine the most feasible membrane concentrate disposal option(s) and provide
design criteria for the most feasible disposal option(s)
· Identify permitting requirements for improvements
· Determine budgetary cost for improvements
Based on the results of the Conceptual/Preliminary Design of Phase 1, the development
of plans and specifications will be conducted in Phase 2, along with the construction
services. These Phase 2 services are to be provided in subsequent task orders following
the completion of the Phase 1 services. Services to acquire the land for raw water well
sites, membrane concentrate disposal site, and easements are not included in the scope of
any of the EPX Project team members.
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT
Project description for Kimley-Horn and Associates, Inc. Water Plant Site Plan
Development activity under the EPX Project Phase 1 services is provided in the
remainder of this task order.
B. Project Description for Kimley-Horn and Associates, Inc.
Because of the large magnitude of the EPX Project, the EPX Project has been subdivided
into five individual activities. The CITY has requested that Kimley-Horn and Associates,
Inc. (KHA) assume responsibility for all water treatment components of this program that
are to be constructed within the limits of the East Plant site, as well as the well heads on
each of the Floridan Aquifer wells including the associated pumps, above-ground piping,
and instrumentation. KHA's work as described in this Task Order will include services
during Phase 1 - Conceptual/Preliminary Design Phase.
KHA will represent the CITY's best interests throughout this project and serve as the
CITY's representative in all matters on the project related to this scope of services.
KHA's obligations include timely communication of activities and status of the project
with the CITY's Senior Project Manager, Program Management staff, and other EPX
Project team members.
C. Scope of Services
The objective of KHA's services during Phase 1 is to develop a complete and accurate
site plan for placement of all facilities associated with the entire expansion program at the
East Plant site. This will require development of conceptual/preliminary design criteria
so that sizes of individual components required for this facility can be established. This
site plan must include a construction phasing plan to allow construction of the new
facilities while maintaining operation of the existing treatment plant and ancillary
facilities. In order to develop an accurate footprint of the LPRO process building, KHA's
work in this Phase will include development of a preliminary floor plan for this building.
KHA also will develop typical site and wellhead plans for raw water supply wells under
this Phase of the program.
KHA will provide services for the development of conceptual/preliminary design criteria
and a revised site plan under this Task Order.
Task 1 - Review of Existing Site Conditions and Ancillary Uses
Task 1.1 - Existing Site Plan
The LPRO facilities must be constructed on the site currently occupied by the Lime
Softening Water Treatment Plant (LSWTP) facilities and distribution system facilities.
However, the lime softening plant, including all support facilities, must remain in full
operation during construction of Stage 1 of the LPRO facilities which is a fully
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT
operational 8.0 MGD water plant. In order to accomplish this it is important that all
existing and critical facilities, both above and below ground, are shown accurately on a
site plan. KHA will utilize available existing hardcopy and electronic format site
drawings as a base followed by field confirmation of critical dimensions for above
ground facilities. KHA will visit the site and meet with operations staff to identify
critical underground facilities needed to maintain operation of the LSWTP. Once
identified these critical underground facilities will be located and placed on the site plan
base. The deliverable is an electronic format drawing of the existing site showing critical
features, both above and below ground. This base is intended to be dimensionally
adequate for site plan purposes; however, it is not intended to be dimensionally adequate
for use as a horizontal control plan.
Task 1.2 - Evaluation of Ancillary Uses
The East Water Plant site also hosts distribution field crew employee parking, equipment
parking, offices, and storage areas. The CITY desires to maintain those ancillary uses on
this site. KHA will inventory the ancillary user facilities and evaluate the space
requirements of these ancillary uses. The purpose of this evaluation is to determine if
their current space is greater or less than that needed and if the layout of their facilities is
an efficient use of available space. This evaluation will include an analysis of employee
and equipment parking at the Emergency Operations Center and within the existing plant
site. This information will be used to determine if there are portions of existing space
used by the ancillary facilities that can be contributed to the new LPRO facility. The
deliverable will be a technical memorandum describing the existing space usage and
minimum space requirements for ancillary facilities and parking. The memorandum will
include recommendations for incorporation into the proposed site plan.
Task 1.3 - Environmental Investigation
The undeveloped area on the south end of the plant site has the potential to be utilized for
the proposed LPRO facilities or stormwater management purposes. KHA will perform an
environmental investigation of the area to determine if there are endangered or threatened
species or wetlands present. KHA will prepare a Biological Assessment Technical
Memorandum summarizing the results of this investigation.
Task 2 - Traffic Analysis
Task 2.1 - Data Collection and Inventory
KHA will perform existing AM (7 to 9 am) and PM (4 to 6 pm) turning movement
counts at the intersection of Woolbright Road and Seacrest Boulevard. KHA also will
perform an additional one hour turning movement count outside peak hour times because
deliveries to the plant and ancillary uses occur outside peak hour times. Concurrent with
these intersection counts, KHA will manually count ingress and egress traffic accessing
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT
the existing facility and will perform observations to determine by cardinal distribution
the origin and destinations of truck traffic.
KHA will develop site traffic projections based on truck and employee traffic changes
caused by the expansion and any additional information as provided by the CITY.
Task 2.2 - On-Site Truck Circulation Operations Analysis
Based on the preliminary site plan developed for the expansion, KHA will provide an
evaluation of on-site traffic circulation. KHA will utilize the AUTOTURN program to
simulate truck turning movements within the proposed site.
The deliverable for this task will be a summary of recommendations for implementation
into the development of the site plan as well as a summary of the AUTOTURN
evaluation.
Task 2.3 - Conceptual/Preliminary Site Access Design
Using the site entrance ingress and egress volume projections, KHA will evaluate the
need for additional turn lanes based on the traffic volume, traffic operations, and
vehicular queuing issues related to the proximity of the entrance driveways to the
intersection of Seacrest Boulevard and Woolbright Road. KHA will evaluate the
existing curb radii for accommodation of the expected truck traffic upon expansion of the
facility.
The deliverable for this task will be a conceptual/preliminary access design sketch of each
of the entrance driveways (Seacrest Boulevard and Woolbright Road) incorporating the
recommended design elements based on our evaluation of the truck traffic at the proposed
entrance driveway locations.
Task 3 - Raw Water Quality and Finished Water Hardness Goal
Task 3.1 - Raw Water Quality
Quality of the raw water expected to be treated at this facility is important in establishing
conceptual/preliminary design criteria. The primary water quality parameters are sodium,
chloride, sulfate, and calcium as these are the major constituents of the overall total
dissolved solids (TDS) of Floridan Aquifer water. Other ions present in Floridan Aquifer
water will be important later in the design process, but generally will not affect
development of conceptual/preliminary design criteria. KHA will also evaluate iron,
hydrogen sulfide, and silica that could affect the overall treatment process. KHA will
research and acquire information on existing Floridan Aquifer explorations north and
south of Boynton Beach. The deliverable will be a technical memorandum documenting
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT
information found and methodology for establishing target values for major ions expected
to be present in raw water entering this plant.
Task 3.2 - Hardness Goal
Another component of this task is establishing a goal for finished water hardness
produced at this plant. KHA will examine the predicted hardness of water produced at the
West Plant assuming completion of Phase 4 improvements and make recommendation as
to a finished water hardness goal for the East Plant. This issue will be concluded in
consultation with the EPX TRC.
Task 4 - LPRO Overall Treatment Process, Individual Train Capacity, Chemical Uses, Post
Treatment
Task 4.1 - LPRO Overall Treatment Process, Individual Train Capacity
The current conceptual capacity of this water treatment facility is 8.0 MGD, considered
Phase 1 and due on-line by August, 2008. The ultimate capacity is considered 16.0 MGD
with an indefinite time line.
KHA will develop treatment capacity versus time charts which will be matched with
projections of system demand contained in the City's CUP. These charts will be based on
current schedules for completing Phase 3 and Phase 4 improvements at the West WTP
and Phase 1 improvements at the East WTP. Allowed withdrawals contained in the CUP
will be incorporated into these charts.
A technical memorandum will be prepared summarizing these charts and providing
recommendations for Phase 1 plant capacity.
A Process Flow Diagram (PFD) will be developed to show the entire treatment process,
from raw water supply wells to concentrate disposal. This document will establish the
treatment facilities needed for all portions of the new LPRO facility. This includes
pretreatment of the raw water, membrane processes, post treatment of the drinking water,
chemical additions, treatment of the concentrate, and blend water treatment. The PFD
also provides a description of the sequencing of all treatment components. The
deliverable is a Process Flow Diagram in CADD format.
Drinking water produced by the LPRO process is naturally low in hardness and alkalinity
since these constituents in the raw water are removed along with the salt. The most cost
effective and customer friendly method of returning these constituents is to blend about
15% of shallow aquifer ground water with the LPRO permeate. This affects the LPRO
capacity since approximately 15% of the produced drinking water comes from another
source. The actual amount of blended water will be established from the results of
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT
Subtask 3.2 - Hardness Goal. The deliverable is a technical memorandum providing the
recommended blend volume.
Capacity of each LPRO train will be established based on overall plant capacity, shallow
well water blend, predicted capacity of each raw water supply well, required plant
operational flexibility, available building size, and hydraulic surge considerations. KHA
will analyze these factors and recommend the most appropriate individual train capacity.
The recommended individual train capacity will establish the capacity for plant capacity
increases following the Stage 1 installation since train capacities should be duplicated
during future expansions to the plant. The deliverable is a technical memorandum
establishing individual train size and number of trains.
Task 4.2 - Chemical Uses
The LPRO treatment facility will require bulk storage of acid, caustic, chlorine, fluoride,
scale inhibitor, and corrosion inhibitor. This task will include predicting consumptive
rates of each of these chemicals, establishing a target storage duration, and determining
storage volume for each chemical. Storage of each chemical requires space which must
be accounted for in a site plan of the proposed facility. Delivered bulk sodium
hypochlorite will be used as the basis for predicting chlorine storage requirements. The
site plan will allow space for on-site generation (OSG) of hypochlorite facilities to allow
this option to remain available. The LSWTP currently uses gaseous chlorine. KHA will
examine the impacts of continuing the use of gaseous chlorine versus converting this
facility to hypochlorite. This analysis will include an examination of when conversion
should or could occur. The deliverable is a technical memorandum establishing storage
requirements for each chemical and an analysis of the LSWTP chlorine options.
Task 4.3 - Post Treatment
KHA will identify loading rates, dosage rates, size and other relevant data on post-
treatment components of the water treatment facility. These will include, but not
necessarily be limited to, permeate degasification, permeate stabilization, permeate
disinfection, finished water ammoniation, corrosion inhibitor, fluoride addition, chlorine
contact time/clearwell configuration, transfer pumping, odor abatement, concentrate
degasification/treatment, and ion exchange treatment of shallow well raw water. This
work will include conceptual/preliminary sizing of these components so that their space
requirement and placement can be determined for development of an overall site plan.
Some of these components may not be needed in the final design; however, it is prudent
to make space available in the event they are needed. The deliverable will be a technical
memorandum identifying assumptions, criteria, and conceptual/preliminary sizing of each
of these components.
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT
Task 5 - Process Building Layout
A building layout must be developed to house those components of this new water
treatment facility that belong together and under one roof. These components include,
but are not necessarily limited to, membrane treatment trains, electrical switching and
motor starter equipment, wet laboratory, chemical injection pump rooms, operator space,
membrane cleaning facilities, storage, micron filtration, emergency electrical generation,
and control space. Space will be provided to accommodate control of the LSWTP to be
moved into the RO Building. It is more practical and cost effective to place all control
functions at a single location. Provisions will be made for control of all off-site wells and
facilities. Space will be provided for noise abatement features on the building. Space
will be provided for back-up and redundant equipment to provide adequate reliability for
the new water treatment of facilities. A layout will be developed that includes those
components that are needed for this facility and this layout will accommodate expansion
of the facility to its ultimate capacity of 16.0 MGD. Electrical one-line diagrams will be
developed to identify the power requirements for the entire LPRO facility. These will
include provisions for redundancy and allow establishment of electrical
switching/distribution space requirements. During this task overall height of the building
will be established; however, architectural treatment of the building will be addressed in
Phase 2 - Design. The deliverable for this task is a scaled drawing of the building floor
plans and sections, assuming it will have multiple levels.
Task 6 - High Service Pumping
The existing high service pumping facility will be examined and evaluated for its ability
to meet needs of the new treatment facilities to be constructed at this site. This
examination will include an evaluation of capacity, condition, and impact on future site
development. In the likely event that this facility will require replacement, this task is to
include identification of pump types, hydraulic requirements on both suction and
discharge side of the pumps, and placement of replacement high service pumping
facilities.
The deliverable for this task will be a technical memorandum providing findings of
evaluating the existing facility and conclusions reached toward a replacement facility if
required. If a replacement facility is required, this technical memorandum will identify
pump type, hydraulic requirements and a recommended placement for new high service
pumps.
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT
Task 7 - Site Layout and Summary Report
Task 7.1 - Final Site Plan
Findings, conclusions, and recommendations developed under the previous tasks will be
used to develop a site plan which accommodates all required components or facilities
needed to support a 16 MGD LPRO treatment facility on this site. A key component of
this site plan will be accommodating, and maintaining in service, the existing lime
softening treatment, sludge handling, high service pumping, and ancillary facilities located
on this site. Development of a site plan will include identification of major underground
facilities, including piping and electrical power distribution. This site plan will also
address on-site traffic circulation and stormwater management requirements.
Noise and odor emissions from the new facilities are to be controlled by treatment
facilities and design of the building. However, placement of odor or noise emitting
facilities will be considered a part of site planning by placing these facilities away from
neighbors that would be offended.
Areas to receive landscaping treatment will be indicated on the Site Plan. Site security
measures identified in the current Vulnerability Assessment (VA) will be incorporated as
well as new features which address the City's objectives as stated in the VA.
The Site Plan will provide for additional public parking for the existing Emergency
Operations Center Building and retaining Arbor Park.
Space will be allocated for construction and operation of up to two (2) deep injection
wells which may be required for disposal of concentrate. A pumping station will be
called for to move concentrate to the injection well(s) or an off-site location.
Space will be provided for two - 5 MG ground storage tanks. One of these may be
constructed in the future Stage 2 expansion of the LPRO facility.
The deliverable will be an electronic format site plan showing proposed facilities, staging
of their construction, and existing facilities located on this site.
Task 7.2 - Summary Report
A summary report will be prepared that combines all of the previously developed
technical memoranda and reports. This report will provide justification for the decisions
made in formulating the final site plan and will serve as a precursor to the Basis of Design
Report that will be developed as part of Phase 2.
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT
Task 8 - Wellheads
The Floridan Aquifer raw water supply wells associated with this improvement program
represent an integral part of the treatment process. Control and functioning of these
supply wells must be from the new water treatment plant. Each well represents a
significant investment due to its depth, artesian pressure, and aggressive nature of
Floridan Aquifer water. KHA will prepare three basic alternate well site layout and well
head development plans which show the differences in below ground pumps, above
ground pumps and above/below ground with buildings. Well sites layout will be selected
after completion of this task and the concepts developed under this task will likely be
used to help in selecting well sites. The space needed for each site and physical
appearance of a developed well site is an important factor in judging the suitability of a
site.
Below ground pumps will be submersible style and above ground pumps will be limited
to end suction. Site plans will be developed for the submersible alternate using below
ground wellhead piping and above ground piping. A site plan for above ground pumps
must have above ground piping. The advantage of above ground pumps is accessibility to
all rotating parts; however, this type of pump limits allowable drawdown in the well.
All site plan alternates will include area requirements for drilling a well, placing a rig on a
well for maintenance, fencing, site access, electrical supply and control features.
Each alternate will also address provision of emergency electrical power. Since these
wells will be far from the water plant, the most reasonable method of providing
emergency power is by an engine driven generator located at the site. Generators will be
propane gas powered and housed in a building. Buildings will include sound attenuating
features.
Site plans will allow for landscaping.
The deliverable for this task will be preliminary site and wellhead plans for the Floridan
Aquifer well sites.
Task 9 - Community Involvement
Task 9.1 - White Papers and Journal Articles
KHA will prepare White papers or.journal articles describing elements of our work during
Phase 1 upon request by the CITY. Per the CITY's request, we have budgeted $5,000 for
this Subtask.
10
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT
Task 9.2 - Community Involvement Meetings
KHA will participate in up to two Community Involvement meetings. It is understood
that these may include presentations to the City Commission. KHA will prepare
presentation graphics for use at these meetings and will present on elements of the project
for which we are responsible.
Task 10- Pre-Permitting Activities
KHA will prepare for and participate in a roundtable discussion with members of the
EPX Project Team and representatives of the agencies from which the team will be
seeking permits for this project. The purpose of the meeting will be to educate the
agencies on the full scope of the project and introduce the parties to one another. The
EPX team intends to obtain their input as to potential hurdles to permitting, specific
requirements that will have to be met, and how the permitting process can be expedited.
Task 11 - EPX Team Coordination, Progress Meetings, and TRC Meetings
KHA will participate in twice monthly meetings with the EPX Team to review general
progress or participate in EPX TRC reviews of project deliverables. KHA also will
maintain close coordination and share information as necessary with the other EPX Team
members, especially those handling the raw water well and concentrate disposal
assignments to facilitate the successful completion of the Phase 1 Conceptual/Preliminary
Design.
O. Assumptions
1. KHA assumes that final site plan approval will be included in Phase 2 of the East
Plant expansion.
2. KHA assumes that the proposed level of coordination with other EPX Team
members will be sufficient to facilitate a smooth and timely exchange of data and
information.
3. KHA assumes that technical memoranda and minor reports will be reviewed at
90% completion, with comments from the EPX Program Manager and the CITY
incorporated into final deliverables.
4. KHA assumes that the Summary Report and deliverables that include
conceptual/preliminary design drawings will be subject to 50%, and 90% reviews
prior to final submission.
5. KHA assumes that the CITY will organize, schedule, and coordinate the
Community Involvement meetings.
6. KHA assumes that the CITY will coordinate our participation in presentations to
the City Commission.
11
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT
E, Contract Reference
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services (Resolution #R03-182) dated
November 18, 2003 between the City of Boynton Beach and Kimley-Horn and
Associates, Inc.
F. Additional Services
KHA believes the proposed scope of services to be generally inclusive of the required
tasks. However, KHA will provide additional services at the request of the C1TY and
EPX Program Manager upon receipt of written authorization to proceed. KHA also will
provide additional services that arise due to unforeseen circumstances with prior written
authorization from the EPX Program Manager and the CITY.
G. Obligations Of The City
1. The CITY shall provide the KHA, in a timely manner, record data and
information related to the Project as necessary for the performance of services
specified herein.
2. The CITY shall review all drawings and other documents presented by KHA;
obtain advice of an attorney, insurance counselor, and others as CITY deems
appropriate for such review and render decisions pertaining thereto within
reasonable time so as not to delay the services of KHA.
3. The CITY will designate representative(s) to serve as point(s) of communication
with the KHA.
4. The CITY shall provide existing site drawings in an electronic format which
allows modification of those drawings as well as a non-copyrighted copy
including permission from the preparer of those drawings for the CITY and the
KHA to modify and reuse those drawings.
H. Deliverables
KHA will prepare the following deliverables for submission to the CITY and EPX
Program Manager. Any drawings submitted as final deliverables will be 24" x 36". The
proposed deliverables are listed below:
Deliverable 1.1 - Existing Site Plan
Deliverable 1.2- Technical Memorandum: Ancillary User Space
Requirements
Deliverable 1.3 - Technical Memorandum: Biological Assessment
Deliverable 2.1 - Site Traffic Projections and Summary of Collected Data
12
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT
Deliverable 2.2- Summary of Traffic Recommendations and Autoturn
Evaluation
Deliverable 2.3 - Conceptual/Preliminary Access Design Sketches of
Entrance Driveways
Deliverable 3.1 - Technical Memorandum: Predicted Raw Water Quality
Deliverable 3.2 - Technical Memorandum: Finished Water Hardness Goal
Deliverable 4.1.1- Technical Memorandum: Projected Customer Demands
Versus Plant Capacity
Deliverable 4.1.2 - Overall Process Flow Diagram
Deliverable 4.1.3 - Technical Memorandum: Recommended Blend Volume
Deliverable 4.1.4 - Technical Memorandum: LPRO Train and System
Capacity
Deliverable 4.2 - Technical Memorandum: Chemical Storage and LSWTP
Chlorine Options
Deliverable 4.3 - Technical Memorandum: Post Treatment Components
Deliverable 5- Building Floor Plans, Sections and Electrical One-line
Diagrams
Deliverable 6 - Technical Memorandum: High Service Pumping
Requirements
Deliverable 7.1 - Final Site Plan
Deliverable 7.2 - Summary Report
Deliverable8- Preliminary Site and Wellhead Plans for Floridan
Aquifer Well Sites
Deliverable 9.1 - White Papers or Journal Articles
Deliverable 9.2- Community Involvement Meeting Presentation Graphics
and Oral Presentations
Deliverable 10 - Participation in Roundtable Discussion
Deliverable 11 - Participation in EPX Team and TRC Meetings
13
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT
I. Compensation
Compensation by the CITY to the KHA for all tasks will be on a time and materials basis
in accordance with the above mentioned Agreement. The estimated compensation for the
services described in this Task Order No. U04-10-02 is $350,996.00 as shown in Table 1
below and on the attached estimate for engineering services. KHA will not exceed the
fee amount of the individual tasks without prior written approval of the EPX Program
Manager or the C1TY.
Table 1: Labor and Expense Summary
EAST WATER TREATMENT PLANT EXPANSION
CONCEPTUAL/PRELIMINARY DESIGN AND SITE PLAN DEVELOPMENT
Labor Labor Expenses Total Cost
Hours Cost
Task 1- Review of Existing Site 312 $32,455 $6,029 $38,484
Conditions and Ancillary Uses
Task 2 - Traffic Analysis 95 $8,765 $713 $9,478
Task 3 - Raw Water Quality 72 $9,250 $2,041 $11,291
and Finished Water Hardness
Goal
Task 4 - LPRO Overall 364 $43,575 $10,429 $54,004
Treatment Process, Individual
Train Capacity, Chemical Uses,
Post Treatment
Task 5 - Process Building 238 $28,135 $12,526 $40,661
Layout
Task 6 - High Service Pumping 96 $10,985 $973 $11,958
Task 7 - Site Layout and 302 $33,135 $6,758 $39,893
Summary Report
Task 8 - Wellheads 274 $30,580 $6,919 $37,499
Task 9 - Community 135 $17,290 $2,291 $19,581
Involvement
Task 10 - Pre-Permitting 48 $6,230 $1,124 $7,354
Activities
Task 11 - EPX Project Team 580 $73,720 $7,073 $80,793
Coordination, Progress
Meetings, and TRC Meetings
Totals 2516 $294,120 $56,876 $350,996
14
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT
J. Schedule
The KHA will commence conceptual/preliminary design and site development services
upon receipt of written authorization and will complete all work associated with Tasks 1
through 11 of this Task Order U04-10-02 in accordance with the attached master
schedule developed by the EPX Project team. As this is a team effort between five
consultants retained by the CITY, KHA will adhere to the master schedule agreed to by
the EPX Project team and the CITY.
DATED this I~ day of ['~ O,,~ ,2004.
CITY OF BOYNTON BEACH KIMI.EY-HORN AND ASSOCIATES, INC.
Kurt Bressner, City Manager Charles L. G Vice President
AttesffAuthenticated:
City Clerk (Corporate Seal)
Approved as to Form: Attest/Authenticated:
Office of the City Attorney ~
15
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1 - WATER PLANT SITE PLAN DEVELOPMENT
ATI'ACHMENT 1
ESTIMATE FOR ENGINEERING SERVICES PHASE 1
TASK ORDER NO. U04-10-02
EPX PROJECT PHASE 1 - WATER PLANT SITE PLAN DEVELOPMENT
ATTACHMENT 2
MASTER SCHEDULE
JanFeblDecJan FeblMarAprlMayJun JulAug SepIOct Nov!DecJanIFeb Mar IApr May Jun,
3 Draft Task Orders ,5 da .... 2J2/04 F,~ 2/20~4 ~. i~.. ! '
~ Final Task Ordem 43 days Fn 2/'20/04 T~e 4/~; --
5 NTP ~ day Fd 5/7104 Fri U?/04
6 Design/Permitting/Bidding 1 ~ -;t-~ wu~ ~ a;u~
8 Final Task Orders 1 day ~, Thu &'SF39 7: ~
9 NT~P I day mhu 8'5/99 ~ Thu 3/~
11 Commission Workshop ~ day Thu ~5/~9 Thu 3/5/~
12 RO Test Well (CH2M HILL) 270 dayl lion 3/1,~4 Frl 3nt/05
13 SFWMD Funding App a] days Thu 4/1/04 wed 6.~3/04
i 4 SelectJAquire Site ~2o days Mon 3/~4 Fn 3/13/04
15 Design 47 days Tue 4;20/04 Wed 6Z23,~ 4
I
i 7 Test Well Pen'nit 4 days wed 9/~o4 Mo. ~,~
19 Supply Wells (CH2M HILL) ac2 da3~ lio~ 3/'1~ T~ 3~?1S7 i ! ,
20 ID/Evaluate Alternate Sites ~20 days~ Mon 3/1/04 Fn 3/13/04
21 Site Selection t da~: su~ 3/r5/04 _ ~o, ~,6~o4I [ i i
24 BODR (30% Design/Review) 45 days Uon 4,'~3/OS F~
25 60% Design/Review i 44 days Tue 6/21~5 Fd 5/13/OS
28 Permitting 2o8 days Wed 2/13/O5 Fn 12~'05
I
30 ~id/Award 74 days Fn 9/3~05~ wed tn 1~06
33 Apply for CUP Modirmation 433 days wed 4/6~5 F~ !2/1/06
34 Final CUP Modification 65 da~ ~lon 12/4/0~ ~n 3/2/o7
35 Treatment Plant & Facilities (KHA) t251 days? lion 3/t/04 T~e t Z/23~
37 Develop Existing Base Plan 75 days Uon 3/~;o4 F, 5/1~,' ~ :
39 Site Development Plan ~22 days? i ~,n 3/15~4 ! Tue 3/31/04
8~ days Wed 9/1/04 Fn 12,r31/04
42
BODR
(3O%
Design/Review)
47
~kl/Award
48 ConstnJction 413days wed3/15/06 F 2/07 ....
49 Commissioning ~ days F~ 10/12~ ....... ~38 ~ Co~l~i~.,n~ Cl ]
~o c~o~ ~days ......... ~ ...... o,
51 Operational Asst. (One Year) ~87 days Mon 4/7108 Tue 12,'23.~8 ~i~[i~i[~:i[i!i~iii::i~i~i~ ii~iii!i~:.i!i[i;!~i![i~i!i~ !iii~ii::ii i~iiii~!iii~;i!i~i;-iiii! i~i!~i[ Odam~ional A~I. {Oriel Year)
52 Offsite Pipelines (Metcalf & Eddy) s34 da~/~? Mort 3/t/04 Thu 9/27/07
55 Alignment/BODR ( ~0 */o DesigWRe 14o days; Mon 9/16/041 Fn
65 Concentrate Disposal (Arcadis) ~ day~ ~n 3/rs/o4 F~i r 2/2~ :
69 BODR (30% Design/Review) ~days; -r~ 9/I~.~4.
70 60% Design/Review 4~ days~ Tue 12r21/o4 '. Fn 2/15/05
CH2M HILL, INC.
TASK ORDER U04-5-06
EAST PLANT EXPANSION
Task Order No. U04-5-06 ~o,,~,i~io~ AGENDA 5/18/04
City of Boynton Beach
East Water Treatment Plant Expansion Stage 1
Conceptual/Preliminary Design Phase 1
Engineering Service for the Siting, Preliminary Design, Test
Well Construction and Evaluation of a Floridan Aquifer Well
Field
A. Background
The City of Boynton Beach (City) is embarking on a major improvement project for
the City's East Water T~eatment Plant (WTP). The project named "East Plant
Expansion" (or "EPX' for short) will address the City's future water needs.
Currently, the South Florida Water Management District (SFWMD) limits the
quantity of water available for withdrawal from the City's primary source of water,
the surficial Biscayne aquifer, for potable water use. If not addressed, this existing
water withdrawal restriction will create water shortages for the City in the future.
Water Supply. The EPX Project will resolve the potential water shortage issues by
changing the East WTP's primary water source from the existing surficial Biscayne
aquifer to the deeper more plentiful upper Floridan aquifer. Due to these
withdrawal limitations and restrictions placed on the surficial Biscayne aquifer, the
City is turning to the Floridan aquifer as an additional altemative water source to
the surficial Biscayne aquifer in order to meet its future water demands. The change
in the primary water source will provide the City with an adequate water supply
and help the environment by reducing the potential for salt-water intrusion into the
surrounding area's groundwater near the East WTP.
Water Treatment. By changing the primary water source to the upper Flo-ridan
aquifer, the EPX Project will also change the water treatment process at the East
WTP from lime softening to a low-pressure reverse osmosis (LPRO) treatment
system. The new LPRO treatment process will produce flesh water from the
brackish upper Floridan aquifer water source. The LPRO membrane treatment
process is similar to the existing membrane softening process at the West WTP and
will produce a higher quality of water that is low in color and hardness than
currently produced by the existing lime treatment process at the East WTP. The new
LPRO membrane treatment process also provides the City with the best available
DFIACH2fvl HILL SOW 032504.DOC 1
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
technology to meet the existing and pending water quality requirements of the
Environmental Protection Agency.
To assist the City with Stage 1 of this large project, the City has assembled a team of
five Consultants to provide professional services for the planning, preliminary
design, design, permitting and construction of the required facilities. The EPX
Project team consists of the following consultants with their respective project
responsibilities:
Globaltech, Inc. - Program Management
· CH2M Hill, Inc. - Floridan Aquifer Well field Development
· Kimley-Horn and Associates - Water Treatment Plant Design and Site Plan
Development
· Metcalf & Eddy - Off-Site Pipelines Development
· Arcadis G&M, Inc. - Membrane Concentrate Disposal Development
The City will engage each Consultant separately for the Stage 1 work in two
separate design phases:
· Phase 1 - Conceptual/Preliminary Design Phase
· Phase 2 -Design and Construction Phase
In general, the Conceptual/Preliminary Design of Phase 1 to be conducted by the
EPX Project team will accomplish the following:
· Select well site locations
· Provide for the construction of two Floridan aquifer test wells to determine
water quality and water withdrawal rates for well and plant process sizing
· Identify raw water main routing considerations
· Develop the new East WTP Water site layout to include the new LRPO
facilities and the existing facilities
· Develop treatment process criteria to be used in Phase 2 design work
Determine the most feasible membrane concentrate disposal option(s) and
provide design criteria for the most feasible disposal option(s).
· Identify permitting requirements for improvements
· Determine budgetary cost for improvements
Based on the results of the Conceptual/Preliminary Design of Phase 1, the
development of plans and specifications will be conducted in Phase 2, along with
the construction s. ervices. These Phase 2 services are to be provided in subsequent
task orders following the completion of the Phase 1 services. Services to acquire the
land for raw water wells sites, membrane concentrate disposal site, and easements
are not included in the scope of any of the EPX Project team members.
DFB~CH21vl HILL SOW 032.504.DOC 2
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
Project description for CH2M Hill's Floridan Aquifer well field development activity
under the EPX Project Phase 1 services is provided in the remainder of this task
order.
B. Project Description for CH2M Hill
Raw water for the City of Boynton Beach's East WTP is supplied from a series of
surficial aquifer wells located on and around the East WTP site. By August 2008, the
City is committed to installing a LPRO treatment process at the EAST WTP using
source water from the upper Floridan aquifer (UFA). It is anticipated that 10 wells
will be necessary to yield the water necessary to meet the ultimate facility capadty
of 16 million gallons per day (mgd). Further it is anticipated that each of the 10
wells will be constructed to a depth of approximately 1,200 feet below ground
surface and will yield 1,500 gallons per minute (Z3 mgd).
This Task Order provides the initial services necessary to construct the well field
and consists of preliminary evaluation (performance modeling), well siting, test well
construction, and test well evaluation. Data provided from this task order will be
critical to the City's ability to meet the goal established in the Water Use Permit
(WUP) issued by the SFWMD. Specific information that will be developed from this
task order will include the following:
· Optimum well spacing and yield
· Locations for production wells and parcel identification numbers
· Anticipated water quality to be provided to the new treatment system
· Aquifer parameters necessary to support permitting activities
In addition, it is recognized that with the execution of this task order, CH2M HILL
will become a member of the EPX project team. As a member said team,
CH2M HILL will have an. obligation to provide timely communication of activities
and status of the project with the CITY's Senior Project Manager, Program
Management staff, and other members of the EPX project team.
This task order will consist of two components. The first component will consist of
preliminary aquifer evaluation and the identification of locations for siting new
Floridan aquifer wells. This work will culminate in the preparation of a report
summarizing ideal well spacing, site selection criteria, site. identification, and site
justification. The report and the proposed locations will be submitted to the CITY
for acceptance and acquisition of the required properties or ratified utility/well
easements.
The second component will consist of test well construction and testing. Up to two
well locations will be identified at the extreme reaches of the proposed well field.
Ideally, the properties on which the test wells will be constructed will be owned or
easily accessed by the CITY for the construction of the test and monitor wells. Test
DFI~CH2M HILL SOW 032504.DOC 3
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
wells will be constructed and tested at the proposed locations to evaluate aquifer
performance and water quality. Following the completion of the testing program,
CH2M HILL will prepare a testing report summarizing the results of the field
evaluation. Data provided from the aquifer performance tests will be used to model
the impact of the full-scale production of the well field on the aquifer and on
adjacent Floridan aquifer users and will ultimately be used to support the CITY's
application for water use to the SFWMD.
C. Scope of Services
This scope of services provides for coordination with the EPX project team,
preliminary aquifer evaluation, well siting, well siting report preparation, test well
design, bid phase services, test well construction, construction management, well
testing, and preparation of the final test well report.
Task 1 - Coordination with the EPX Project Team
It is anticipated that CH2M I-]]LL will attend bi-monthly meetings of the EPX Project
team at the CITY's East WTP. During the meetings, project status will be discussed
and issues related to testing, data coordination, and design issues will be discussed.
The bi-monthly meetings may also serve as an opportunity to provide technical
review function as a Technical Review Committee.' It is anticipated that two
members from CH2M HILL will attend each meeting and that the task duration will
be 18 months (total of 36 meetings).
Task 2 - Public Outreach and EPX Project Team Support
Task 2 consists of a number of sub-elements to support the EPX Project team and the
EPX Program. All of Task 2 activities have been budgeted in the form of an
allowance and will be performed on a time and materials basis. Therefore, a labor
breakdown is not provided for this task.
Task 2.1 - Grant Application for Alternative Water Sources
A grant application to the SFWMD will be prepared for alternative water supply.
The grant will be directed toward the installation of the test wells that will be
'constructed prior to the well field implementation. A draft application will be
submitted to the CITY for review by March 29, 2004. The application will be
submitted to SFWMD by April 1, 2004. A $10,000 allowance will be dedicated to the
preparation and coordination of the grant application. This task will also cover
review meetings and presentation to SFWMD.
Task 2.2 - Coordination with'EPX Project Team Members
The successful implementation of the EPX Project will require coordination,
discussion, and review with other EPX Project team members outside of the bi-
monthly review meetings. Because the well field task occurs early in the planning
process, many of the EPX Project team members will be relying on assumptions and
data produced from this study. This task will provide scope and fee to coordinate
DFEN~H2M HILL SOW 032504.DOC 4
TASK ORDER NO, U04-5-O6
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
with EPX Project team members. A $10,000 allowance will be dedicated to this
subtask.
Task 2.3 - Attendance at City Commission Meetings
At the request of the CITY staff, CH2M HILL will attend and participate in up to
three City Commission meetings to support the EPX Program and to provide
updates to the City Commission. In addition to time spent at the meetings, this task
will provide additional funding for the preparation of sttmmary materials and
visual aids. A $5,000 allowance will be dedicated to this subtask.
Task 2.4 - Technical Paper Preparation and Public Awareness
To promote the CITY and the EPX Program, CH2M HILL has been requested to
allocate funding to prepare technical papers and/or make presentations regarding
the EPX Program to professional societies, civic groups, or trade organizations.
CH2M HILL is prepared to be a partner in this effort and will contribute to this
effort. To this effect, a $5,000 allowance has been dedicated to this subtask.
Task 2.5 - Permitting Seminars and Pre-permitting Activities
It is anticipated that the EPX Project team will host several pre-permitting events to
inform and update the regulatory agencies as to the goals of the CITY's EPX
program. Early meetings will provide an overview of the program, however, as the
program progresses, preliminary reviews and technical issues will be discussed to
gain pre-approval from the permitting agencies. An allowance of $5,000 has been
dedicated to this subtask.
Task 2.6 - Graphics Assistance to EPX Project Team Program Manager
CH2M HILL has been requested to provide the EPX Project team program and
Program Manager with graphics assistance. This may be provided in the form of
visual aids for presentation, maps, logos, or web sites and may be in .the form of
printed or electronic media. To provide this assistance, a $10,000 allowance has been
dedicated to this subtask.
Task 3 - Supply Well Site Selection Criteria
Task 3.1 - Preliminary Well Siting Evaluation
Prior to evaluating parcels of land for siting new wells, CH2M HILL will perfo.rm a
preliminary evaluation to identify ideal well yields and spacing. CH2M HILL will
start with the hydrogeologic data compiled during the previous preliminary siting
analysis of Floridan aquifer wells for the CITY's West WTP (CH2M HILL, April
2003). This information will be compiled and updated based on information
regarding other wells that may be have been constructed in the general area since
the previous report was completed and summarized in a tabular format, and will be
used as model input to assist in the optimization evaluation.
A conceptual groundwater model will be established with variable well spacing and
pumping rates to evaluate potential impacts to adjacent users of the Floridan
DFI~CH2.M HILL SOW 032.504.DOC 5
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
aquifer. The goal of the model will be to yield the ideal number of wells, their
possible locations, estimated yields, optimal separation, and potential impacts on
other users. The results of the modeling evaluation will be summarized in the well
siting report.
Task 3.2 - Kickoff Meeting and Site Selection Criteria
CH2M HILL will conduct a kickoff meeting with EPX Project team to develop
criteria and performance measures for selecting the most feasible supply well sites.
Criteria may include cost, land use and ownership impacts on other users of the
Floridan aquifer, etc.
The selection criteria will be divided into two parts:
· Screening criteria
· Final selection criteria
The first set of criteria will be used to screen alternatives that clearly do not meet
minimum requirements established by the CITY. The second set of criteria will be
used to evaluate well siting alternatives and require that the CITY assign specific
level of relative importance to each. This assignment of relative performance or
"weighting" is important when analyzing the final set of alternatives and
understanding the tradeoffs between altematives. A matrix of the criteria, along
with respective performance measures and relative weights will be developed and
used to evaluate the various sites selected for the supply wells. Much of this work
has previously been conducted under Task Order 18 - West Well Field Siting Study,
and can be incorporated into this task. CH2M HILL will prepare a meeting agenda
and summary. The meeting smmnm~ will be distributed to the EPX Project team
members and will identify action items and a schedule for completion.
Task 3.3 - Prepare Technical Memorandum
A summary of the preliminary well siting evaluation~ kickoff meeting, a listing and
description of the selection criteria, performance measures and weighting, along
with a sample input of the decision model will be presented to the CITY in the form
of a TeChnical Memorandum.
Five copies of the draft TM will be submitted to the CITY for review. Upon
receiving and incorporating comments, five final .copies of the Final TM will be
submitted to the CITY as part of the final report deliverable.
Task 4- Siting Analysis and Opinion of Cost
Following the completion of Task 3, a more detailed analysis of possible well
locations will be developed, including and order of magnitude opinion of cost.
DFB~CH2U Hill. SOW 032504. DOC 6
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
Task 4.1 - Obtain Available Maps and GIS Information from the CITY and County
Available GIS coverages and electronic maps in and around the CITY's water service
area will be obtained from the CITY and appropriate County and public agencies -
Planning and Zoning, Department of Environmental Resources Management,
Property Appraiser's and Tax Offices, SFWMD, etc. Coverages that are expected to
be obtained from the CITY and other agencies include:
· Major and minor roads,
· surface water bodies,
· land use,
· zoning,
· contaminated sites,
· property ownership,
· existing transmission and distribution pipelines
· other data (electrical power, fiber optic, and cable utilities), as required
It is expected that some minor manipulation of the above data will be required for
compatibility purposes wh~en importing the various maps.
Task 4.2 - Overlay GIS Coverages and Produce Composite Maps
After each of the above available GIS coverages and maps have been inputted, a
composite overlay map of the CITY's water service area will be developed
overlaying the project area aerial map. This figure will be used to assist in screening
the well locations and will serve as the base map for the remainder of the project.
Coordination with the conveyance consultant on the EPX Project team will also
occur at this jtmcture.
Task 4.3 - Site Alternative Screening
Based on the available maps and GIS coverages and the local knowledge of the area,
a meeting Will be held with the CITY to screen alternatives that are suitable for siting
the water supply wells and associated infrastructure. Site alternative screening will
also consider the results of the preliminary aquifer evaluation conducted in TaSk 3.1.
Task 4.4 - Develop Well Site Locations
BaSed on the screening analysis and discussions with the CITY and EPX Project team
members, potentially feasible locations for the Floridan aquifer water supply wells
will be selected. Locations considered will be at or aS close to the East WTP as
possible and will be mapped on the GIS baSe map. The number of locations that will
be required to accommodate the antidpated ten (10) Floridan aquifer water supply
wells is not yet known since it is possible that each site may allow for the siting
more than one supply well, while others may only accommodate one. VariOus
combinations of potential well site locations will be developed for further evaluation
in Task 5.
DF[~CH2~I HILL SOW 032504.DOC 7
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
Task 4.5 - Conduct Field Inspection of Proposed Candidate Locations
Following the mapping of the possible locations, a field evaluation will be
conducted with the CITY to review site-specific constraints that are not shown on
the GIS coverages and to verify the proposed locations. The sites will also be
evaluated with respect to the impacts of FAC 62-555 (i.e. sanitary hazards and
required easements and setbacks) on well sites and land acquisition and also for
compliance with well field protection issues described by PBC DERM. Based on
these constraints, the alternative sites may be revised or eliminated. The revised site
locations will be incorporated into the final GIS base map or project site selection
figure.
Task 4.6 - Well field Layout Concept
A preliminary wellfield layout concept will be developed to maximize potential
production from the supply wells while minimizing impacts to adjacent users of the
Floridan aquifer, as well as minimizing interference between the proposed water
supply wells. Raw water transmission pipeline routing will be discussed with the
conveyance consultant of the EPX project team.
Task 4.7 - Prepare Technical ~lemorandum
A sunm~ry of the site alternatives screening, the field evaluation, and a description
and printout of the final site locations will be presented to the CITY in a Technical
Memorandum. Several tasks associated with land and easement acquisition will be
conducted independently by the CITY and information obtained from this separate
effort will be incorporated in the Technical Memorandum.
Five copies of the draft TM will be submitted to the CITY and select EPX Project
team members for review. Upon receiving and incorporating comments, five final
copies of the TM will be submitted to the CITY and EPX Project team as part of the
final report deliverable.
City-Assigned Tasks
As part of Task 4, the CITY will contract with others to conduct analysis of probable
costs assodated with land and easement acquisition and will meet with landowners
to assess their willingness to sell or allow access by the CITY.
Perform a Land Acquisition Cost Analysis
The CITY will conduct its own cost analysis for the locations identified in Task 4.
The cost analysis will include an estimate of probable cost for the acquisition of the
properties identified.
Meeting with Land Owners
The CITY will conduct a meeting with landowners to determine if owners of
potential well sites will consider selling properties of interest or allow easement
access to such properties.
DFB~CH2M HILL SOW 032504.D0C 8
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
Task 4.8 - Develop Opinion of Probable Cost
CH2M HILL will develop a planning level order-of-magnitude opinion of probable
cost for each of the principal elements of the project including purchase of
properties, test well construction, development of the supply well site(s), new wells,
well pumps, well head facilities, wellfield collector piping network, and access
roadway, or mitigation costs (if required). Raw water transmission pipeline costs
will be discussed with members of the EPX Project team.
Task 4.9 - Permitting Analysis
Possible permits required to construct a Floridan aquifer well would include a Water
Use Permit with SFWMD, well construction permits from SFWMD, and construction
permits for public drinking water facilities from Palm Beach County Department of
Heath. Other permits, such as NPDES for disposal of water during testing or other
right-of-way access permits, will be determined based on the sites selected for
further analysis. Permitting requirements will be identified for each:-site and used to
analyze the alternatives as part of Task 5.
The Technical Memorandum from Task 4.7 will be updated to include the probable
construction cost estimateg. Five copies of the revised draft TM will be submitted to
the CITY and select members of the EPX Project team for review. Upon receiving
and incorporating comments, five final copies of the TM will be submitted to the
CITY as part of the final report deliverable.
Task 5 - Final Well Site Alternative Analysis
Task 5.1 - Conduct Decision Model Analysis
Following the identification of the final-set of Floridan aquifer well sites, raw water
transmission pipeline routing, property and cost analyses, each alternative will be
measured against the final selection criteria and entered into the decision model.
Included with this analysis will be additional simulations using the groundwater
model developed in Task 2.1. The results of the grotmdwater modeling, along with
other evaluation criteria will be entered into the decision model and results
presented to the CITY and discussed to decide on the most feasible site for the siting
of the Floridan aquifer wells.
Task 5.2 - Prepare Technical Memorandum
Following the meeting with the CITY and the EPX Project team, the most feasible
alternative will have been selected and Technical Memorandum will be prepared
summarizing the derision model results, the discussions with the CITY and the final
siting of the ten (10) Floridan aquifer water supply wells. Included in the final TM
will be a detailed testing plan for the two test well locations.
Five copies of the draft TM will be submitted to the CITY and select EPX Project
team members for review. Upon receiving and. incorporating comments, five final
copies of the TM will be submitted to the CITY as part of the final report deliverable.
DFI~ HILL SOW ~.DOC 9
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
At the conclusion of Task 5, the various technical memoranda prepared will be
compiled and bound in a single report to document the well siting process. Five
copies of the Well Siting Report will be provided to the CITY and EPX Project team
members.
Task 6 -Design of Floridan Aquifer Test Wells
Up to two locations identified in Tasks 1 - 5 will be used to construct Floridan
Aquifer Test Wells. Test wells will be designed so that that they can ultimately be
converted into full-scale productions wells. Aquifer monitor wells will also be
installed at both test well locations. One observation well will be installed at each
location to monitor the production zone during aquifer performance testing. In
addition, one deeper observation well will also be constructed at one test well
location to monitor the leakance from the lower Floridan aquifer. Services associated
with. Task 6 will be comb'm, ed with existing Task Order 17 - Engineering Services for
Final Design, Bidding Services, Services During Construction and Reports for Aquifer
Storage and Recovery Well ASR-2 at the City of Boynton Beach East Water Treatment Plant
currently being executed by CH2M HILL. CH2M HILL will provide the following
services for the City dUrink the design of those test and monitor wells.
Task 6.1 - Kick-off Meeting.
CH2M HILL will meet with the CITY staff and select EPX Project team members to
clarify the requirements for the project. Critical path issues (permitting,
construction sequence, etc.) that will require information/guidance from the CITY
before design can effectively begin will be identified. A site visit will be carried out
to identify possible conflicts, determine site constraints and the_ CITY preferences for
equipment types and location. CH2M HILL will prepare meeting minutes of, the
kick-off meeting and site visit including an action item hst of critical issues requiring
r~solution.
Task 6.2 - Design Criteria
CH2M HILL will address outstanding design issues and summarize the preliminary
design criteria for each component of the two test wells and three monitor wells. The
design criteria description sttrnmaries will be incorporated into a preliminary design
report or TM.
After development of the design criteria, CH2M HILL will prepare the design of the
wells. The design drawings and specifications will show the scope, extent,-and
character of the work to be furnished and performed by a cOntractor. One set of
contract documents will be prepared for both test wells. It is expected the following
list of technical specifications and drawings will be prepared: Half sized drawings
(11" x 17") will be submitted at the 60% completion levels. Full sized sheets (22" x
34") will be submitted for the 90% and Final design submittals.
DFERCH2M HILL SOW 032~4.D0C 10
TASK ORDER NO, U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
Specifications
· Division 1 - General Requirements
· Division 2- Site Construction
· Division 3 - Concrete
· Division 5 - Metals
· Division 9 - Finishes
· Division 15- Mechanical
Drawings
· Cover Sheet and Index
· Vicinity and Location Maps
· Abbreviations
· General, Civil and Structural Legends
· Yard Piping/Site Plan
· Mechanical Legend
· Floridan Aquifer Test Well Construction Details
· Standard Details ,
Task 6.3 - Survey
A boundary survey will be necessary at the two test well sites to define property
boundaries and to locate adjacent and underlying utilities. Based on the uncertain
size and complexity of this task, a $5,000 allowance will be requested to provide the
requisite services. CH2M HILL will solicit cost estimates from local vendors,
prepare the subcontracting mechanism, direct the work, and submit draft and final
copies of the survey to the CITY for review,
Task 6.4 - 60% Design Review Meeting.
At a time coordinated with the CITY and EPX Project team, CH2M HILL will
conduct at workshop to review the 60% Detailed Design Submittal. The workshop
will consist of one meeting between the CITY, select members of the EPX Project
team, and key members of CH2M HILL project team. CH2M HILL will prepare and
distribute written summaries of decisions rendered. The approved written
sttmmaries will serve as the basis for proceeding with the completion of the final
design.
Task 6.5 - 90% Detailed Design Submittal.
CH2M HILL will provide 2 sets of the 90% complete design submittal for the test
and observation wells that will include the following:
· Draft technical specifications
· A budget level opinion of probable construction cost
DFB\CH2M HILL SOW 032504.DOC 11
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
CH2M HILL will meet with the CITY and select members of the EPX Project team to
review the design and address any final comments before the design is finalized.
Task 6,6 - Final Detailed Design Submittal
Based upon the comments agreed upon as a result of the 90-percent review meeting
with the CITY and EPX Project team members, CH2M HILL will prepare a 100
percent (final) design submittal for Floridan aquifer test and observation wells.
These documents will be used to obtain competitive bids for the construction of
these projects. The submittal will include:
· Two sets of final (100 percent) specifications
· Two sets of final (100 percent) full size drawings
· Estimated Total Project Cost for the design package
After acceptance by the CITY and EPX Project team members of CIq2M HILL's 100-
percent drawings and specifications, CH2M HILL will solicit bids from qualified
firms to construct the test and observation wells. Permitting shall be carried out
concurrent with design an~d prior to the Bidding Phase.
Task 7 - Permitting Services
As part of the test well design and construction, it is not expected that any permits
will be required except for a well cons ,ttuction permit which is required to be
obtained by the well drilling contractor. Other permits such as NPDES for disposal
of water during testing or other right-of-way permits will not be known until the
siting analysis is conducted in Tasks 3-6. Thus, an allowance of $25,000 will be
included in this task only to be authorized by the City after a detailed scope of work
and fee are developed and agreed upon by the CITY based on the permitting
requirements identified.
Permitting will be performed concurrently with Task 6 - Detailed Design and
completed prior to Task 8 - Bid Phase Services.
Task 8 - Bid Phase Services
CH2M HILL will provide bid-phase services for the construction of the test 'and
observation wells following the guidelines outlined by the CITY in the Standard
Procedures and Functions for Consultants, Procurement Services, and Program
Management Team. Services provided under Task 8 will be combined with existing
Task Order 17- Engineering Services for Final Design, Bidding Services, Services During
Construction and Reports for Aquifer Storage and RecOvery Well ASR-2 at the City of
Boynton Beach East Water Treatment Plant currently being executed by CH2M HILL.
Specific functions to be performed by CH2M HILL will include the following:
DFB~H2M HILL SOW 032504.DOC 12
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
Bid Package Preparation. CH2M HILL will prepare Drawing and Specification
packaging for bidding purposes.CH2M HILL will reproduce and sell construction
bid documents to prospective bidders on behalf of the CITY. CH2M HILL will
provide the CITY and EPX Project team Program Manager with two copies of the
bid package (each for a total of four documents).
Pre-Bid Meeting. CH2M HILL will assist with and attend one Pre-Bid meeting.
CH2MHILL will prepare Pre-bid meeting minutes summarizing topics of
discussion and providing responses to significant Bidder questions.
Technical Issues. CH2M HILL will coordinate all communications with bidders on
matters related to technical aspects of the design. Copies of all correspondence will
be maintained with the CH2M HILL project manager and copied to the CITY.
Addenda. If required, based upon questions from prospective bidder, CH2M HILL
will prepare a draft addenda. The addenda will be reviewed and issued by the
CITY.
Bid Review. CH2M I-IILL will review the bids received for accuracy and prepare
Bid Tabulation for review by the CITY and EPX Project team Program Manager.
CH2M HILL will review Bid Documents of the apparent low bidder including
payment and performance bond information, insurance information, and references.
Based upon the above, CH2M HILL will issue a draft Recommendation of Award
letter to the City for concurrence. A final Recommendation of Award letter will
then be issued to the City for distribution to the bidders..
"As Bid" Conformed Construction Documents. CH2M HILL will produce a total of
six copies of conformed "As Bid" Contract Document Specifications and Drawings,
incorporating all Addenda. This will include the selected Contractor's Bid, Payment
and Performance Bonds and Certificates of Insurance. The conformed construction
documents will be issued to the CITY and Contractor for signature and execution.
Two copies will be issued to the Contractor, two copies will be provided to the
CITY, and two copies will be maintained by CH2M HILL.
Drawing Copies. CH2M HILL shall provide an electronic copy and one
reproducible copy of conformed contract docttments and drawings. CH2M HILL
will also provide two half-sized sets of drawings.
Bid Service Completion. Bid services will be considered complete upon CH2M
HILL's review and providing the Contractor's executed documents and conformed
contract doctmaents to the CITY.
~H2M HILL SOW 032504.D0C 13
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
Task 9 - Construction Management Support Services
It is expected that construction and testing of the two test wells, and associated
observation wells, will take approximately 30 weeks, depending on the site access
issues. Because of the unknown time element of this work, Task 8 will be completed
on a time and materials basis. CH2M HILL will be responsible for construction
management an will provide the following services:
Pre-construction Conference. CH2M HILL will attend and participate in one pre-
construction conference with the awarded contractor, the CITY and the EPX Project
team Program Manager. CH2M HILL will be responsible for preparing agenda,
chairing and preparing minutes from the meeting.
Monthly Progress Meetings. CH2M HILL will conduct monthly progress meetings
with the awarded contractor, the CITY and the EP× Project team Program Manager.
CI-L2M HILL will be responsible for preparing agenda, chairing and preparing
minutes from the meetings.
Submittal Review. CH2M HILL will review submittals from the contractor
including shop drawings, product data, schedules, progress payments and will
provide up to one additional review per submittal. CH2M HILL will be responsible
_for receiving and distributing the submittals and corresponding directly with the
CONTRACTOR.
Pay Request Review. CH2M HILL will receive, review, and provide recommend-
ations for payment to the CITY for work completed.
Field and Change Orders. CH2M HILL will issue field change orders,' requests for
quotation, work change directives, and change orders as needed throughout the
project. If Change Orders financially impact the project, CH2M HILL will request a
meeting with the CITY and the EPX Project team Program Manager to review
contract modification.
Requests for Information. CH2M HILL will also review and respond to Requests for
Information (RFI) and Clarification submitted by the Contractor.
Project Start .up and Close Out. CH2M HILL shall conduct project close out services
including:
· Incorporation of as-built information provided by the Contractor into a final set
of Record Drawings.
· Conducting substantial completion and final completion inspection and issuing
punch lists following each inspection.
DFB~H2U HILL SOW 032504.D0C 14
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
· As part of the above inspections, CHM HILL will assist the CITY with start-up
services.
· Reviewing final dose out change orders and payment applications from the
Contractor for processing by the CITY.
· Conduct one walk through inspection with CITY and EP× Project team staff
prior to final acceptance by the CITY.
CH2M HILL will notify and invite CITY and the EPX Project team Program
Manager to all monthly meetings and close out activities. CH2M HILL will provide
the construction management services for the test and observation wells on a time
and materials basis.
Task 10- Full Time Resident Observation
CH2M HILL will conduct full-time resident observation services during the test well
and associated observation well construction and testing. CH2M HILL will prepare
weekly construction summaries and provide copies to the CITY and EPX Project
team program, manager. This task assumes that the first location (One test well and
two monitor wells) will require 16 weeks to construct, while the second location (one
test well and one monitor well) will require 12 weeks to construct. During the
construction period, it is anticipated that a full time resident will be on site up to 40
hours per week. This accounts for probable 24-hour, 7-days per week drilling
activities during casing installations, cementing and testing by the CONTRACTOR
and includes time to coordinate with SFWMD for inspections as required. Because
of the unknown nature of this work, Task 10 will be completed on a time and
materials basis.
Task 11 - Aquifer Performance Testing
Task 11.1 - Aquifer Performance Testing
Following construction of the two test wells, CH2M HILL will set up and conduct
aquifer performance tests on both wells to obtain aquifer parameter, water quality
and flow characteristics of the upper Floridan aquifer. It is expected that both sites
will inClude one upper Floridan aquifer test well sized for a future production well
and one smaller diameter, upper Floridan aquifer observation well. In addition,- one
site will also be constructed with a lower Floridan aquifer observatiOn well to assess
the possibility of future upward leakance of poorer water quality from the lower
Floridan aquifer.
Testing will consist of extended pumping of the test wells, up to 72 hours (each site),
while monitoring.piezometric impacts to the adjacent observation wells. The flow
rate and duration of the tests will be determined after the point of water discharge is
identified and the well is Constructed.
DFBtCH2M HILL SOW 032504.DOC 15
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
It is antidpated that CH2M HILL will set-up pressure transducers to monitor
changes in the water levels in the ~test and observation wells while flow rates are
measured. It is antidpated that daily site visits will be needed during the testing
cycle however, full time observation should not be necessary. Discrete water quality
samples will also be collected during the pumping portion of the test once water
quality has stabilized (as indicated by conductivity and chloride concentrations)
Water quality parameters will be obtained from the EPX Project team and samples
will be submitted to a CITY-approved, certified testing laboratory for analysis. A
cost allowance of $2,500 has been allocated for this activity. Following the
completion of the pumping phase, recovery of the test and observation wells will
also be documented. It is anticipated that the two pumping tests (i.e., mobilization
and set up, pumping and recovery periods, and demobilization) will last
approximately three weeks. Because of the unknown duration of this work, Task 11
will be conducted on a time and materials basis.
Task ] ].2 -Test Well Report
Following the completion of the aquifer testing, the field data will be analyzed to
determine aquifer characteristics and well efficiency. From this information, full-
scale production impacts will be projected and the exact numbers of production
wells will be determined. Following the completion of all testing activities, the test
production wells will be configured with a tee, gate valves, and blind flanges to
accommodate future conversion to full scale production wells.
All construction and testing data will be compiled in a'draft TM will be submitted to
the CITY and the EPX Project team for review. Upon receiving and incorporating
comments from 'the CITY, five final copies of the TM will be submitted to the CITY
as part of the final report deliverable.
D. Assumptions
· Properties within the CITY's service area will be the primary focus for siting of
the supply wells, however, areas adjacent to the service area will also be
considered.
· Only available electronic GIS maps will be used to develop the base map-and
conduct the initial screening analysis. No new GIS layers will be developed.
· Except for the Test Wells and associated observation wells, only conceptual
drawings of typical well head details, raw water transmission piping layouts and
identification of possible areas requiring easements or property acquisition will
be developed. No other designs will be developed as part of this Task Order.
· CITY will be responsible for providing.GIS coverages and other maps that are
available from the CITY in electronic format to CH2M HILL. CH2M HILL will
DFB~CH2M HILL SOW 032504.DOC 16
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
be responsible for obtaining other available GIS coverages from the County and
other public sources.
· CITY will be responsible for conducting the necessary land and easement
acquisition analysis and setting up and conducting meetings with individual
landowners. CH2MHILL will not be involved in these meetings with
landowners.
· The groundwater modeling conducted in Task 3.1 will be set up so that the
model can be used for subsequent Water Use Permitting purposes in the event
the CITY elects to proceed forward with the design and construction of Floridan
aquifer water supply wells. However, per the South Florida Water Management
District (SFWMD) guidelines, this would be considered a Type I model and
would provide a gross approximation of potential impacts of the proposed
groundwater withdrawals. If during the permitting process, conditions warrant
that more sophisticated modeling is required, and the data supports it, a separate
Type II groundwater flow model such as MODFLOW would have to be
developed and utilized.
· CITY will be responsible for conducting the necessary land and easement
acquisitions.
· Permits for construction of the test wells will be the responsibility of the
contracted well driller. CH2M HILL will not responsible for any permitting-fees.
· All tasks will be conducted on a time and materials basis. Tasks 2 and 6 are
represented as a project allowance for work that is currently undefined. As such,
a:labor breakdown can not be prepared.
· Payment for all work assodated with the test and observation wells will be
provided directly by the CITY. The work will progress following a traditional
design/bid/build delivery protocol.
E. Contract Reference
This Task Order shall be perfo .r~ned 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 CH2M HILL, Inc.
F. Additional Services
Additional serviCes will be provided to the CITY or other EPX Project team members
as directed by the CITY on a time and materials basis. Scope and fee to amend this
task order will be submitted to the CITY and EPX Project team Program Manager for
review and approval prior to initiating additional work. Additional items may
DFB~H2M HILL SOW 032504.DOC 17
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
include supplemental modeling, presentations and coordination with other CITY
projects and activities.
G. Obligations of the City
In addition to the specific activities identified in this scope of work, the CITY is
obligated to provide the following:
· Provide available data as requested to complete the tasks idenfffied in this scope
of work
· Attend requested meetings
Provide timely reviews of deliverable materials with comments incorporated into
a single document
· All permitting fees
H. Deliverables
The following deliverable are included in this project:
Task 1 - None
Task 2.1 - Grant application to SFWMD by April 1, 2004
Attendance at requested meetings
Task 2.6 -Graphics assistance as requested
Task 3.1 - Hydrologic data tabularized for model input
Task 3.1 - Preliminary groundwater model indicaffng well spacing and capacity
Task 3.2 - Kick off meeting minutes and action items
Task 3.2 - Well location selection matrix with weighted alternatives
Task 3.3 - Five copies of Draft TM summarizing Task 3 activities
Five copies of Final TM summarizing Task 3 activities
Task 4.7 - Five copies of Draft TM summarizing Task 4 activities
Five copies of Final TM summarizing Task '4 activities
Task 4.8 - Opinion of Construction costs based on well site availability
Task 5 - Five Final well siting alternatives analysis TM
Five TMs with revised model results
Five Compiled "Well Siting Report" incorporating all project TMs
DFI~CH2M HILL SOW 032,604.D0C 18
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
Task 6.1 - Kick off meeting minutes
Task 6.2 - Preliminary design criteria TM
Task 6.3 - Site Survey (if required)
Task 6.4 - 60-percent design workshop meeting minutes with decision summary
Two copies of 60-percent design submittal (half size drawings)
Two copies of 90-percent design submittal drawings (full size),
specifications, and cost estimates
Task 6.6 - Two copies of Final Design
Task 7 - Permits as required
Task 8 - Two copies of bid documents
Letter of recommendation for CITY and EPX Project team concurrence
Four sets of confo[med construction documents
Task 9 - Notification of construction meetings
Task 10 - Copies of weekly construction summaries
Task 11 - Five copies of Draft Well Construction Report
Five copies of Final Well Construction Report
I. Compensation
Compensation by the CITY to the CONSULTANT for services provided in this Task
Order will be a not-to-exceed basis in accordance with the above-mentioned
Agreement. Individual task limits will not be exceeded without prior written
authorization from the CITY. The compensationfor the services described in Task 1
- 11 of this Task Order is estimated at $484,950 as shown in the following summary
table and proposed labor estimate. Work completed by the CONSULTANT will be
invoiced monthly on a labor and expenses basis per the above agreement.
DFEACH2~ HILL SOW 032504.DOC 19
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
Task Description Labor Labor Cost Expenses Sub Contract Totals
Hours Expenses
Task I -Coordination with EPX Team 324 $46.584 $4.416 $51,000
Task 2 - Public Outreach and EPX $40.000 $5,000 $45,000
Project Team Support (allowance)
Task 3 - Supply Well Site Selection 100 $10,182 $1,018 $11,200
Criteria
Task 4 - Siting Analysis and Opinion 196 $20,412 $2.088 $22.500
of Cost
Task 5 - Final Well Site Alternative 98 $10.212 $1.038 $11,250
Analysis
Task 6 - Design of Floridan Aquifer 324 $30.740 $3.260 $5,000 $39.000
Test Wells
Task 7 - Permitting Services $23,896 $1.104 $25.000
(allowance)
Task 8 - Bid Phase Services ~ 134 $12.996 $1,504 $14.500
Task 9 - Construction Management 870 $81.360 $7.640 $89.000
Support Services
Task 10 - Full Time Resident 1380 $118,080 $13,920 $132,000
Observation
Task 11 - Aquifer Testing and Report 390 $36.612 $5,388 $2.500 $44.500
Preparation
Grand Totals 3816 $43i,074 $46,376 $7,500 $484.950
J. Schedule
CH2M HILL will commence work upon receipt of written authorization and
complete work associated with this Task Order in accordance with the attached
master schedule developed by the EPX Project team. As this is a team effort
between five consultants retained by the CITY, CH2M HILL will adhere to the
master schedule agreed by the .EPX Project team and the CITY
DFfftCH2M HILL SOW 032504.DOC 20
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
K. Approval
DATED this day of ,2004.
CITY OF BOYNTON CH2M HILL, INC.
BEACH
City Manager Office Man'ag~r
Attest/Authenticated:
City Clerk
Approved as to Form: Attest/Authenticated:
Office of the City Attorney ~
.,,..~,~,, Deborah Mistcrka
~.~. ~ Commission'#DD225415
~.. --k~. i;_~ Expires: Jun 22, 2007
· ,,,,.,,o Atlantic Bonding Co., Inc-
DFB~CH2.M HILL SOW 032504.DOC 21
TASK ORDER NO. U04-5-06
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
ATTACHMENT 1
COST ESTIMATE PHASE 1
8888
TASK ORDER NO. U04-5-O6
EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT
ATTACHMENT 2
MASTER SCHEDULE
METCALF & EDDY, INC.
TASK ORDER U04-15-03
EAST PLANT EXPANSION
Task Order No. U04-15-03
City Of Boynton Beach
East Water Treatment Plant Expansion Stage 1
Conceptual/Preliminary Design Phase 1
Engineering Services for Off-Site Pipelines
A. Background
The City of Boynton Beach (City) is embarking on a major improvement project for the
City's East Water Treatment Plant (WTP). The project named "East. Plant Expansion"
(or "EPX" for short) will address the City's future water needs. Currently, the South
Florida Water Management District (SFWMD) limits the quantity of water available for
withdrawal from the City's primary source of water, the surficial Biscayne aquifer, for
potable water use. If not ad~essed, this existing water withdrawal restriction will create
water shortages for the City in the future.
Water Supply. The EPX Project will resolve the potential water shortage issues by
changing the East WTP's primary water source from the existing surficial Biscayne
aquifer to the deeper more plentiful upper Floridan aquifer. Due to these withdrawal
limitations and restrictions placed on the surficial Biscayne aquifer, the City is turning to
the Floridan aquifer as an additional alternative water source to the surficial Biscayne
aquifer in order to meet its future water demands. The change in the primary water
source will provide the City with an adequate water supply and help the environment by
reducing the potential for salt-water intrusion into the surrounding area's groundwater
near the East WTP.
Water Treatment. By changing the primary water source to the upper Floridan aquifer,
the EPX Project will also change the water treatment process at the East WTP from lime
softening to a low-pressure reverse osmosis (LPRO) treatment system. The new LPRO
treatment process will produce fresh water from the brackish upper Floridan aquifer water
source. The LPRO membrane treatment process is similar to the existing membrane
softening process at the West WTP and will produce a higher quality of water that is Iow
in color and hardness than currently produced by the existing lime treatment process at
the East WTP. The new LPRO membrane treatment process also provides the City with
the best available technology to meet the existing and pending water quality requirements
of the Environmental ProtectiOn Agency.
Project Approach. It is anticipated that the required facilities for the East WTP will be
constructed in two stages. In Stage 1, the City will install 8 million gallons per day (mgd)
of treatment capacity and approximately ten Floridan wells to supply water by August
TASK ORDER NO. U04-15-03
EPX PROJECT PHASE 1- OFF-SITE PIPELINES
2008. In Stage 2, the City will install the remainder of the equipment needed to expand
the treatment facilities to 16 mgd of product water capacity by year 2013.
To assist the City with Stage 1 of this large project, the City has assembled a team of five
Consultants to provide professional services for the planning, preliminary design, design,
permitting and construction of the required facilities. The EPX Project team consists of
the following consultants with their respective project responsibilities:
· Globaltech, Inc. - Program Management
· CH2M HILL, Inc. - Floridan Aquifer Well field Development
· Kimley-Hom and Associates - Water Treatment Plant Design and Site Plan
Development
· Metcalf & Eddy- Off-Site Pipelines Development
· Arcadis G&M, Inc. - Membrane Concentrate Disposal Development
The City will 'engage each consultant separately for the Stage 1 work in two separate
design phases:
· Phase 1 - Conceptual/Preliminary Design Phase
· Phase 2 -Design and Construction Phase
In general, the Conceptual/Preliminary Design of Phase 1 to be conducted by the EPX
Project team will accomplish the following:
· r Select well site locations
· Construction of two Floridan aquifer test wells to determine water quality and
water withdrawal rates for well and plant process sizing
· Identify raw water main routing considerations
· Develop the new East WTP Water site layout to include the new LRPO facilities
and the existing facilities
· Develop treatment process criteria to be used in Phase 2 design work
· Determine the most feasible membrane concentrate disposal option(s) and provide
design criteria for the most feasible disposal option(s)
· Identify permitting requirements for improvements
· Determine budgetary cost for improvements
Based on the results of the Conceptual/Preliminary Design of Phase 1', the development
of plans and specifications will be conducted in Phase 2, along with the construction
services. These Phase 2 services are to be provided in subsequent task orders following
the completion of the Phase 1 services. Services to acquire the land for raw water wells
sites, membrane concentrate disposal site, and easements are not included in the scope of
any of the EPX Project team members.
Project description for Metcalf & Eddy's Off-Site Pipeline Development activity under
the EPX Project Phase 1 services is provided in the remainder of this task order.
TASK ORDER NO. U04-15-03
EPX PROJECT PHASE 1- OFF-SITE PIPELINES
B. Project Description for Metcalf & Eddy
Because of the large magnitude of the EPX Project, the EPX Project has been subdivided
into five individual activities. Metcalf & Eddy (M&E) has been chosen to provide
professional engineering services for all off-site piping for Phase 1 of the the EPX
Project. This piping will primarily consist of a new raw water line to supply the Floridan
Aquifer water to the East WTP site. M&E's project scope will be at the interface where
raw water piping goes below grade (at below grade isolation valve) at each Floridan well
location to the East WTP site. The scope may also include the concentrate disposal line
and finished water distribution mains.
The CITY has asked each consultant to provide a fee proposal to assist in the
conceptual/preliminary design phase of the project. M&E's role during this first phase
will be attending meetings to coordinate with project team members as needed, review
information for those items which affect off-site piping routes, and provide assistance in
community involvement.
\
M&E's obligations include timely communication of activities and status of the project
with the CITY's Senior Project Manager, Program Management staff (Globaltech), and
other EPX Team members.
C. Scope of Services
M&E will provide professional engineering services to the CITY as follows:
Task 1- MgE Project Management
Task 1.1 - Management
Project Management activities comprise contract administration, .coordination of project
staff, monitoring of progress and project costs during the project.
Task 1.2- Project Meetings
M&E will attend the following meetings with representatives of the CITY as part of this
project, as follows:
a. Monthly EPX Project Team Meetings
b. EPX Technical Review Committee (TRC) Meetings
For estimating purposes, we have assumed 18 monthly team meetings and 18 consultant
interaction/technical review committee meetings each at an average of 6-hour durations.
It is assumed that Globaltech, as the overall program's project manager, will be providing
agenda and minutes for each monthly team meeting. For the TRC meetings identified in
'b' above, M&E will distribute a brief memorandum to each EPX member regarding
TASK ORDER NO. U04-15-03
EPX PROJECT PHASE 1- OFF-SITE PIPELINES
pertinent subject matter discussions. It is anticipated that M&E will be meeting with
CH2MHill for well siting discussions, Arcadis for disposal discussions, and Kimley-Hom
for finished water and water main route discussions.
M&E is committed to fostering strong relationships with the EPX members. These
meetings are one vehicle to meet our commitment.
Task 2. - Conceptual Design
M&E will provide review and assistance in those items which affect off-site piping
routes. These items consist of
· Review and input for raw water well siting and concentrate disposal studies prepared
by CH2M Hill and Arcadis, respectively,
· Review of Kimiey-Horn~s Technical Memorandmn of well sites and East WTP ~ite
plan,
· Review of rights-of-way and easements for the probable pipe route,
· Review of permitting requirements;
Researching grant opportunities, and
· Preparation of a technical memorandum summarizing items above.
As part of this task and upon agreement of well locations and method of concentrate
disposal, M&E will prepare a budgetary cost estimate fOr all off-site pipelines. The
purpose of the budgetary cost estimate is to allow for the CITY to have a planning cost as
part of the overall plant expansion project.
Task 3 - Community Involvement
M&E shall prepare for, participate in, and conduct public information meetings as
deemed appropriate by the CITY. At the request of the CITY or the Program Manager,
M&E will attend and participate in City Cgmmission meetings and provide updates to the
City Commission. This task includes but may not be limited to providing assistance at
City Commission Meetings, public meetings, and providing for journal articles. Hence, a
$5,000 allowance has been provided in the fee proposal for this task.
Task 4 - Permitting Seminars
It is anticipated that the EPX Project team will host several pre-permitting events to
inform and update the regulatory agencies as to the goals of the CITY's EPX Program.
Early meetings will provide an overview of the program, however, as the program
progresses, preliminary reviews and technical issues will be discussed to gain pre-
approval from the permitting agencies. These seminars will be necessary to facilitate and
understanding in a roundtable setting between permitting agencies such as the Health
Department/FDEP, FDOT, Florida East Coast Railroad, and various City and County
TASK ORDER NO. U04-15-03
EPX PROJECT PHASE 1- OFF-SITE PIPELINES
agencies as needed for the off-site pipeline. Hence, a .$5,000 allowance has been
provided in the fee proposal for this task.
Project Team
The project team will be led by Mr. Alejandro Toro, P.E. who will act as principal-in-
charge. The M&E's project manager will be Mr. Jim Penkosky, P.E.
D. Assumptions
1. The services under this scope of work are for the next 18 months during the
conceptual planning stage shown in the overall project schedule. After that it is
assumed that M&E will be providing design services under a new scope of work.
E. Contract Reference
This Task Order shall be performed under the terms and conditions described within the
Consultant Agreement, Two-Year General Consulting and Engineering Contract dated
November 18, 2003 between the CITY and Metcalf & Eddy.
F. Additional Services
At this time, there are no additional services anticipated that M&E would provide outside
these scope of services. However, should the need for additional services arise, M&E
will inform the CITY and Program Manager in writing prior to the commencement of any
additional services.
Any additional services can be provided, if desired by the CITY, under a separate Task
Order(s) or by amendment to this Task Order. Services performed will be on an as-
directed basis in accordance with a written Notice to Proceed from the CITY.
G. Obligations of the CITY
1. Thc CITY or Program Manager shall provide M&E in a timely manner, record data
and information related to the project as necessary for the performance of the services
specified herein.
2. The CITY shall review all documents presented by M&E; obtain advice of ah
attorney, insurance counselor, and other as CITY deems appropriate for such review
and render decisions pertaining thereto within reasonable time so as not to delay the
services of M&E.
H. Deliverables
Deliverables under Phase 1 of this project consist of the following:
· Meeting Minutes as required for Technical Review Committee
TASK ORDER NO. U04-15-03
EPX PROJECT PHASE 1- OFF-SITE PIPELINES
· Technical Memorandum for Conceptual Design under Task 2
· Budgetary Cost Estimate
I. Compensation
M&E proposes to perform all tasks outlined above for a time and materials mount of
$128,722. M&E will not exceed the fee mount of the individual tasks without
prior written approval of the program manager or CITY. A cost estimate presenting a
breakdown of fees and hours per task is included as Attachment 1. The fees are
summarized below:
Labor Labor
Task Designation ~onrs Cost Expenses Total Cost
1.1 Management 80 $9,080 $220 $9,300
1.2 Project Meetings 432 $60,156 - $220 $60,376
2.0 Conceptual P1anning 438 $48,496 $550 $49,046
3.0 Community Involvement - $5,000 - $5,000
4.0 Permitting Seminars . .., -- $5,000 - $5,000
Totals 950 $127,732 $990 $.128~722
d. Project Schedule
The M&E will commence work upon receipt of written authorization and complete work
assOciated with this Task Order in accordance with the master schedule developed by the
EPX Project team provided in Attachment 2. As this is a team effort between five
consultants retained by the CITY, M&E will adhere to the master schedule agreed by the
EPX Project team and the CITY. M&E is fully committed to achieving all dates for our
responsible portion of the work:
Once applicable for off-site piping, M&E will be providing a scope specific schedule in
Microsoft Project.
TASK ORDER NO. U04-15-03
EPX PROJECT PHASE 1- OFF-SITE PIPELINES
DATED this day of ,2004.
CITY OF BOYNTON BEACH METCALF & EDDY, INC.
Kurt Bressner, City Manager Mark S Blanclz~rd
Vice President
Attest/Authenticated: Title
City Clerk (Corporate Seal)
Approved as to Form: Attest/Authenticated:
Office of the City Attorney No
TASK ORDER NO. U04-15-03
EPX PROJECT PHASE 1- OFF-SITE PIPELINES
ATTACHMENT 1
COST ESTIMATE PHASE 1
TASK ORDER NO. U04-15-03
EPX PROJECT PHASE 1- OFF-SITE PIPELINES
ATTACHMENT 2
MASTER SCHEDULE
ARCADIS G&M, INC.
TASK ORDER U04-01-01
EAST PLANT EXPANSION
Task Order No. U04-01-01 COMMISSION AGENDA 5/18/04
City of Boynton Beach
East Water Treatment Plant Expansion Stage 1
Conceptual/Preliminary Design Phase I
Engineering Services for Membrane Concentrate Disposal
Evaluation
A. Background
The City of Boynton Beach (City) is embarking on a major improvement project for the
City's East Water Treatment Plant (WTP). The project named "East Plant Expansion"
(or "EPX" for short) will a~tdress the City's future water needs. Currently, the South
Florida Water Management District (SFWMD) limits the quantity of water available for
withdrawal from the City's primary source of water, the surficial Biscayne aquifer, for
potable water use. If not addressed, this existing water withdrawal restriction will create
water shortages for the City in the future.
Water Supply. The EPX Project will resolve the potential water shortage issues by
changing the East WTP's primary water source from the existing surficial Biscayne
aquifer to the deeper more plentiful upper Floridan aquifer. Due to these withdrawal
limitations and restrictions placed on the surficial Biscayne aquifer, the City is turning to
the Floridan aquifer as an additional alternative water source to the surficial Biscayne
aquifer in order to meet its future water demands. The change in the primary water
source will provide the City with an adequate water supply and help the environment by
reducing the potential for salt-water intrusion into the surrounding area's groundwater
near the East WTP.
Water Treatment. By changing the primary water source to the upper Floridan aquifer,
the EPX Project will also change the water treatment process at the East WTP from lime
sottening to a low-pressure reverse osmosis (LPRO) treatment system. The new LPRO
treatment process will produce fresh water from the brackish upper Floridan aquifer
water source. The LPRO membrane treatment process is similar to the existing
membrane softening process at the West WTP and will produce a higher quality of water
that is low in color and hardness than currently produced by the existing lime treatment
process at the East WTP. The new LPRO membrane treatment process also provides the
City with the best available technology to meet the existing and pending water quality
requirements of the Environmental Protection Agency.
Project Approach. It is anticipated that the required facilities for the East WTP will be
constructed in two stages. In Stage 1, the City will install 8 million gallons per day
(mgd) of treatment capacity and approximately ten Floridan wells to supply water by
TASK ORDER NO. U04-01-01
EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION
August 2008. In Stage 2, the City will install the remainder of the equipment needed to
expand the treatment facilities to 16 mgd of product water capacity by year 2013.
To assist the City with Stage 1 of this large project, the City has assembled a team of five
Consultants to provide professional services for the planning, preliminary design, design,
permitting and construction of the required facilities. The EPX Project team consists of
the following consultants with their respective project responsibilities:
· Globaltech, Inc. - Program Management
· CH2M HILL, Inc. - Floridan Aquifer Well field Development
· Kimley-Hom and Associates - Water Treatment Plant Design and Site Plan
Development
· Metcalf & Eddy- Off-Site Pipelines Development
· A.rcadis G&M, Inc. - Membrane Concentrate Disposal Development
The City will engage each Consultant separately for the Stage 1 work in two separate
design phases:
,,
· Phase 1 - Conceptual/Preliminary Design Phase
· Phase 2 -Design and Construction Phase
In general, the Conceptual/Preliminary Design of Phase 1 to be conducted by the EPX
Project team will accomplish the following:
· Select well site locations
· Construction of two Floridan aquifer test wells to determine water quality and
water withdrawal rates for well and plant process sizing
· Identify raw water main routing considerations
· Develop the new East WTP Water site layout to include the new LRPO facilities
and the existing facilities
· Develop treatment process criteria to be used in Phase 2 design work
· Determine the most feasible membrane concentrate disposal option(s) and provide
design criteria for the most feasible disposal option(s)
· Identify permitting requirements for improvements
· Determine budgetary cost for improvements
Based on the results:of the Conceptual/Preliminary Design of Phase 1, the development
of plans and specifications will be conducted in Phase 2, along with the construction
services. These Phase 2 services are to be provided in subsequent task orders following
the completion of the Phase 1 services. Services to acquire the land for raw water wells
sites, membrane concentrate disposal site, and easements are not included in the scope of
any of the EPX Project team members.
Project description for ARCADIS's Membrane Concentrate Disposal Evaluation activity
under the EPX Project Phase 1 services is provided in the remainder of this task order.
TASK ORDER NO. U04-01-01
EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION
B. Project Description for ARCADIS
Because of the large magnitude of the EPX Project, the EPX Project has been subdivided
into five individual activities. ARCADIS (CONSULTANT) will perform a Membrane
Concentrate Disposal Evaluation for the drinking water by-product to be generated by the
planned East WTP LPRO treatment system. The work includes the completion of a
memorandum that identifies and ranks options that can be permitted and are practical,
and recommends further evaluation of the 2 or 3 most suitable options. ARCADIS will
further evaluate the technical feasibility and cost of the highest ranked options and
complete a report describing findings. In addition, during Phase 1, ARCADIS will
anticipate and provide project-knowledgeable staff to attend semi-monthly (twice per
month) meetings (EPX Project progress meetings and EPX technical review meetings).
Also, ARCADIS will participate in public information events such as Commission
Meetings, commur~'ty activities and meetings, agency seminars~ preparation of white
papers and technical conference presentations, as requested by the CITY.
C. Scope of Services ,
ARCADIS will prepare a Membrane Concentrate Disposal Evaluation for handling
drinking water by-product generated by the planned East WTP LPRO treatment system.
Task 1 - Identify Permittable Options
ARCADIS will identify reasonable options for disposal. Available options will be
determined from internal discussions and input from City staff and its consulting team.
Current apparent options are:
· Deep well injection
· Shallow injection
· Sanitary sewer discharge
· Ocean outfall
· Near-shore ocean discharge
· Intracoastal waters
· Surface disposal through exfiltration gallery
· · Re-use for irrigation
ARCADIS will contact the Florida Department of Environmental Protection and other
regulatory agencies, as appropriate (i. e., Palm Beach County Department of
Environmental Resources Management, Palm Beach County Health Unit), to discuss the
potential to permit the various options. Some options may be permittable but the process
is long. Since the project schedule is critical, discussions will include the length of time
necessary and likely for permitting. ARCADIS will prepare a draft memorandum for
review by City staff and the consulting team, including a ranking of options and
recommendations to further'evaluate the most permittable options. At the present time,
TASK ORDER NO. U04-01-01
EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION
further evaluation will be limited to a maximum of 3 options. The "Memorandum" will
be finalized after receipt of comments.
Task 2- Evaluate Most Permittable Options
The options identified in Task 1 will be further evaluated in this Task 2. The two or three
most attractive options will be evaluated for technical feasibility and cost. Consideration
will be given to the following factors:
· Probable time needed to permit
· Cost and time for acquisition of land, right of way, and/or negotiated agreements
· Constructability by June 2008
· Public perception
· Cost to acquire Property and permit, design and construct (separate ¢.osts) the
disposal facilities, pipeline and ancillary treatment facilities
· Cost for operation and maintenance
· Design implications related to backup and redundancy requirements
· Data needed for perrhit application
The options will be compared, including a present worth analysis of each of the (2 or 3)
options and including a separate analysis of intangible factors, if any. A draft report will
be prepared that addresses the factors considered in reviewing the most permittable
options and including a recommendation for the most favorable option. After review and
comment on the draft report by City staff and the consulting team, a final "Report" will
be prepared and submitted.
Task 3 - Team Meetings
During Phase 1, ARCADIS will anticipate and provide project-knowledgeable staff to
attend semi-monthly (twice per month) meetings (EPX Project progress meetings and
EPX technical review meetings), as may be requested by the CITY.
It is assumed that Globaltech, as the overall program's project manager, will be providing
agenda and minutes for each monthly team meeting. For the TRC meetings, ARCADIS
will distribute a brief memorandum to each EPX member regarding pertinent subject
matter discussions. It is anticipated that ARCADIS will be meeting with Kimley-Hom ~o
discuss membrane concentrate water quality and with Metcalf and Eddy to discuss water
main route issues.
Task 4- Community Involvement
ARCADIS will participate in public information events such as Commission Meetings,
community activities and meetings, agency seminars, preparation of white papers and
technical conference presentations, as requested by the CITY. At the request of the CITY
staff, ARCADIS will attend and participate in City Commission meetings and provide
updates to the City Commission.
TASK ORDER NO. U04-01-01
EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION
Task 5- Grant Applications
During Phase l, ARCADIS will make efforts to identify cooperative funding and grant
oppommities for which the project may be eligible and bring those oppommities to the
attention of CITY staff. Upon direction from CITY staff, ARCADIS will prepare and
submit applications for funds to meet the application deadlines, along with supporting
documentation as may be required.
O. Assumptions
In order to complete as current and accurate a study as possible, ARCADIS will need
timely data about the following:
Flow rate and water quality for Stage 1 (8 mgd finished water capacity)
· Flow rate and water quality for Stage 2 (16 mgd finished water capacity)
· Schedule of target completion for Plant Expansion Stage 1 and Stage 2
E. Contract Reference
This Task Order shall be performed under the terms and conditions described in the
Agreement for General Engineering Services dated November 18, 2003, between the City
of Boynton Beach and ARCADIS G&M, Inc.
F. Additional Services
Additional Services may be provided by ARCADIS upon request by the CITY. These
services may include but are not limited to those services not provided in Section C.
Additional Services may include services that were 'expected to be provided by others
(Section D) but were not or cannot be provided by others. Other examples of Additional
Services include but are not limited to permitting, design or construction management
services; preparation of specifications; data acquisition including but not limited to
construction or testing to determine disposal capacity; collection and analysis of
hydrogeologic, geotechnical, water quality or biological data; surveying or appraisal
services.
O. Obligations of the City
The City shall promptly provide ARCADIS, as needed, with record data, drawings.
(electronic) and information regarding fight of ways available to the City, lands under the
City's ownership or control, the City's fights of use of facilities inside and outside the
City (including the South Central Regional Wastewater Treatment Plant, sewer and water
transmission lines), and costs and appraisals of various properties and types of properties
inside and outside the City, to the extent the data and information is available to the City.
TASK ORDER NO. U04-01-01
EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION
H. Deliverables
Deliverable I (Memorandum) shall represent that Task 1 is 100 % complete. Deliverable
2 (Report) shall represent that Task 2 is 100% complete. Draft versions of both
Deliverables will be provided for review and comment by the City and EPX consulting
team before the final Deliverables are prepared.
I. Compensation
The CONSULTANT shall invoice the CITY monthly for services completed in the
previous month, on a time-and-expenses basis, at rates established in the Agreement
(referenced in Section E) between the CONSULTANT and the CITY. The
CONSULTANT also will provide the Senior Project Manager and the EPX Program
Manager with an update on project budget status monthly. The CITY shall promptly
process each invoice, promptly notify flae CONSULTANT of any charges in dispute, and
pay the CONSULTANT for amounts not in dispute promptly in accordance with the
terms of the Agreement.
ARCADIS proposes to perform all tasks outlined above for a time-and-expenses amount
of $128,814.10. ARCADIS will not exceed the fee amount of the individual tasks
without prior written approval of the program manager or CITY. Attachment 1 shows the
estimated staff hours and estimated labor fees for this Task Order. The fees are
summarized below:
Labor Labor
Task Designation Hours Fee Expenses Total Fees
1. Identify Options 174 $25,055 $1,327 $26,382
2. Evaluate Most Pemittable Ot~ons 226 $30,855 $1,018 $31,873
3. Team Meetings 162 $24,900 $822 $25,722
4. Community Involvement 115 $15,620 $515 $16,135
5. Grant Applications 201 $27,785 $917 $28,702
Totals 878 $124,215 $4,599 $128,814
J. Schedule
ARCADIS will commence work upon receipt of written authorization and complete work
associated with this Task Order in accordance with the attached master schedule
developed by the EPX Project.team,
TASK ORDER NO. U04-01-01
EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION
Deliverable 1 w/ll be provided within 2 months of written authorization to proceed.
Deliverable 2 will be provided within 5 months of receipt of written authorization to
proceed.
TASK ORDER NO. U04-01-01
EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION
DATED this day of ,2004.
CITY OF BOYNTON BEACH ARCADIS G&M, INC..
Kurt Bressner L
City Manager / Associate Vic6 President/
Southeast Florida Area Manager
Attest/Authenticated: Witness:
Approved as to Form:
Office of the City Attorney
ATTACHMENT 1
COST ESTIMATE PHASE 1
TASK ORDER NO. U04-01-01
EPX PROJECT PHASE 1 - MEMBRANE CONCENTRATE DISPOSAL EVALAUTION
ATTACHMENT 2
MASTER SCHEDULE
VT.-CONSENT AGENDA
ITEM C.7
CITY OF BOYNTON BEACIq
AGENDA ITEM REQUEST FORM
Requested City, Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City_' Clerk's Office Meeting Dates in to 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 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 co
NATURE OF [] Announcement [] New Business c:n rn~c
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Authorizing the City Manager to execute the Palm Beach Metropolitan Planning Organization
Intralocal Agreement.
EXPLANATION: The Palm Beach Metropolitan Planning Organization (MPO) has revised and expanded its membership
to the maximum of nineteen members, which includes the addition of the Village of Wellington as a member and the
replacement of a statutorily authorized planning board member with the City of Greenacres and the Village of Royal Palm
Beach as annually alternative members. The Palm Beach MPO, with its revised membership, must be created through an
Intralocal Agreement executed by all represented jurisdictions. The attached Agreement was created by the Florida
Department of Transportation to meet Federal and State requirements and modified to reflect local members.
PROGRAM IMPACT: Adoption of Intralocal Agreement will bolster Boynton Beach's involvement and support of
regional governance programs.
FISCAL IMPACT: None
ALTERNATIVES: Do not approve Intralocal Agreement
Department Head's Signature City Manager's Signature
City Manager
Department Name City Attorney / Finance / Human Resources
SSBULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC
1 ~ncreasing the positions to be filled by elected officials of general-purpose local
2 ; and
3 WHEREAS, the Governor has designed the Village of Wellington as a voting
4 of the MPO and the Town of Greenacres and the Village of Royal Palm Beach as
5 alternative voting members of the MPO, and approved the expansion of the
6 membership to 19 voting members; and
7 WHEREAS, the Governor has approved the MPO's membership and
8 p apportionment plan as set forth in the Inteflocal Agreement for Creation of
9 Palm Beach Metropolitan Planning Organization.
10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
11 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
12 Section 1. The membership apportionment plan approved by the Governor
13 the addition of the Village of Wellington as a voting member of the MPO and the
14 of Greenacres and the Village of Royal Palm Beach as annually alternative voting
15 is accepted.
16 Section2. The Interlocal Agreement for Creation of the Palm Beach
17 Planning Organization creating the MPO and establishing its membership is
18 approved.
19 Section3. This Resolution shall become effective immediately upon
2O
21
;:\CA\R ESO~Agreements\lnterlocals\MPO Creation.doc
1
2 RESOLUTION NO. R04-
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AUTHORIZING AND DIRECTING THE
6 CITY MANAGER TO EXECUTE AN INTERLOCAL
7 AGREEMENT FOR CREATION OF THE PALM BEACH
8 METROPOLITAN PLANNING ORGANIZATION;
9 EXPANDING ITS MEMBERSHIP TO INCLUDE THE
~0 VILLAGE OF WEI.I.1NGTON AS A MEMBER, AND
11 THE CITY OF GREENACRES AND THE VII LAGE OF
12 ROYAL PALM BEACH AS ANNUALLY
13 ALTERNATIVE MEMBERS; ESTABLISHING AN
14 EFFECTIVE DATE..
17 WHEREAS, 23 U.S.C. 132, 49 U.S.C. 5303 AHC Chapter 339.175, F.S., provide
18 'or the creation of metropolitan planning organizations to develop transportation plans
19 md programs, in cooperation with state and public transit operators, for metropolitan
20 treas; and
21 WHEREAS, the plans and programs for each metropolitan area must provide for
22 he development and integrated management and operation of transportation systems and
23 'acilities; and
24 WHEREAS, Chapter 339.715, F.S., requires that each metropolitan planning
25 }rganization be created and established pursuant to an Interlocal Agreement between the
26 ;ovemor and units of general-purpose local governments designed by the Governor for
27 ~embership on the metropolitan planning organization; and
28 WHEREAS, the Palm Beach Metropolitan Planning Organization (MPO) and the
29 3overnor approved a plan to modify the membership of the MPO by eliminating a
30 )osition which could only be filled by a member of a statutorily authorized planning
31 )oard appointed by the Palm Beach County Board of County Commissioners and
;:\CA\RESO~Agreements\lntedocals\MPO Creation.doc
1 PSSSED AND ADOPTED this ~ day of July 2004.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor
7
8
9 Vice Mayor
10
12 Commissioner
13
14
15 Commissioner
16
17
18 Commissioner
~ 9 hTTEST:
20
21
22 2ity Clerk
23
:\CA\RESO~Agreements\lnterlocals\M PO Creation.doc
FORM 525-010-01
POLICY PLANNING
OGC - 07/03
Page 1 of 12
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
INTERLOCAL AGREEMENT FOR CREATION OF THE
PALM BEACH METROPOLITAN PLANNING ORGANIZATION
THIS INTERLOCAL AGREEMENT is made and entered into this~ day of ,2004,
by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY OF Palm Beach;
the MUNICIPALITIES of Belle Glade, Boca Raton, Boynton Beach, Delray Beach, Greenacres, Jupiter,
Lake Worth, Palm Beach Gardens, Riviera Beach, Royal Palm Beach, Wellington and West Palm Beach;
and the Port of Palm Beach.
RECITALS
WHEREAS, the Federal Government, under the authority of 23 United States Code 134 and 49
United States Code 5303, requires each metropolitan area, as a condition to the receipt of federal capital
or operating assistance, to have a continuing, cooperative, and comprehensive transportation planning
process that results in plans and programs consistent with the comprehensively planned development of
the metropolitan area, and further requires the State Transportation Agency and the Metropolitan
Planning Organization to enter into an Agreement clearly identifying the responsibilities of each party for
cooperatively carrying out such transportation planning;
WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in the
performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to
assure that highway facilities, mass transit, rail systems, air transportation and other facilities will be
properly located and developed in relation to the overall plan of community development;
WHEREAS, 23 United States Code 134, as amended by the Intermodal Surface Transportation
Efficiency Act of 1991 and the Transportation Equity Act for the Twenty-first Century (Public Law 105-
178, 112 Stat. 107), 49 United States Code 5303-5307, 23 Code of Federal Regulations 450.306, and
Section 339.175, Florida Statutes, provide for the creation of Metropolitan Planning Organizations to
develop transportation plans and programs for metropolitan areas;
WHEREAS, pursuant to 23 United States Code 134(b), 49 United States Code 5303, 23 Code of
Federal Regulations 450.306(a), and Section 339.175, Florida Statutes, a determination has been made
by the Governor and units of general purpose local government representing at least 75% of the affected
population (including the central city or cities) in the metropolitan area to designate a Metropolitan
Planning Organization;
WHEREAS, pursuant to Section 339.175(3), Florida Statutes, by letter to Mr. John F. Koons, Chair
dated March 26, 2004, the Governor has agreed to the apportionment plan of the members of the
proposed Palm Beach Metropolitan Planning Organization as set forth in this Agreement;
WHEREAS, pursuant to 23 Code of Federal Regulations 450.306(c), and Section 339.175(1)(b),
Florida Statutes, an interlocal agreement must be entered into by the Department and the governmental
entities designated by the Governor for membership on the MPO;
WHEREAS, the interlocal agreement is required to create the Palm Beach 'Metropolitan Planning
Organization and delineate the provisions for operation of the MPO;
FORM 525-010-01
POLICY PLANNING
OGC - 07/03
Page 2 of 12
WHEREAS, this Interlocal Agreement shall terminate and replace, on its effective date, all
prior interlocal agreements, and all amendments thereto, creating or establishing the Palm Beach
Metropolitan Planning Organization;
WHEREAS, this Interlocal Agreement shall not invalidate, terminate or otherwise impair any
other interlocal agreement relating to the funding, coordination, planning or programming
responsibilities of the Palm Beach Metropolitan Planning Organization;
WHEREAS, the undersigned parties have determined that this Interlocal Agreement satisfies the
requirements of and is consistent with Section 339.175(1)(b), Florida Statutes;
WHEREAS, pursuant to Section 339.175(1)(b), Florida Statutes, the intedocal agreement must be
consistent with statutory requirements set forth in Section 163.01, Florida Statutes, relating to interlocal
agreements; and
WHEREAS, the undersigned parties have determined that this Interlocal Agreement is consistent
with the requirements of Section 163.01, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation
herein, the parties desiring to be legally bound, do agree as follows:
ARTICLE 1
RECITALS; DEFINITIONS
Section 1.01. Recitals. Each and all of the foregoing recitals are hereby incorporated herein
and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the
foregoing recitals to be true and correct shall not operate to invalidate this Agreement.
Section 1.02. Definitions. The following words when used in this Agreement (unless the context
shall clearly indicate' the contrary) shall have the following meanings:
Agreement means and refers to this instrument, as amended from time to time.
Department shall mean and refer to the Florida Department of Transportation, an agency of the
State of Florida created pursuant to Section 20.23, Florida Statutes.
FHWA means and refers to the Federal Highway Administration.
FTA means and refers to the Federal Transit Administration.
Long-Range Transportation Plan is the 20-year plan which: identifies transportation facilities;
includes a financial plan that demonstrates how the plan can be implemented and assesses capital
improvements necessary to preserve the existing metropolitan transportation system and make efficient
use of existing transportation facilities, indicates proposed transportation enhancement actMties; and in
ozone/carbon monoxide nonattainment areas is coordinated with the State Implementation Plan, all as
required by 23 USC Section 134(g), 23 CFR Section 450.322, Section 339.175(6), Florida Statutes.
Metropolitan Area means and refers to the planning area as delineated by the MPO for the
FORM 525-010-01
POLICY PLANN1NG
OGC - 07/03
Page 3 of 12
urbanized area containing at least a population of 50,000 as described in 23 U.S.G. 134(b)(1), 49 U.S.G.
Section 5303(c)(1), and Section 339.175, Florida Statutes, which shall be subject to the Metropolitan
Planning Organization' planning authority.
MPO means and refers to the Metropolitan Planning Organization formed pursuant to this
Agreement.
Transportation Improvement Program (TIP) is the is the staged multi-year program of
transportation improvement projects developed by a Metropolitan Planning Organization consistent with
the Long-Range Transportation Plan and developed pursuant to title 23 United States Code 134(h), 49
United States Code 5304, 23 Code of Federal Regulations 450.324 and Section 339.175, Florida
Statutes.
Unified Planning Work Program (UPWP) is the annual program developed in cooperation with the
Department and public transportation providers, that lists all planning tasks to be undertaken during a
program year, together with a complete description thereof and an estimated budget, all as required by
23 CFR 450.314, and Section 339.175(8), Florida Statutes.
ARTICLE 2
PURPOSE
Section 2.01. General Purpose. The purpose of this Agreement is to establish the Palm Beach
Metropolitan Planning Organization:
(a) To assist in the development of transportation systems embracing various modes of
transportation in a manner that will maximize the mobility of people and goods within and through this
metropolitan area of this state and minimize, to the maximum extent feasible for transportation-related
fuel consumption and air pollution;,
(b) To develop transportation plans and programs, in cooperation with the Department, which
plans and programs provide for the development of transportation facilities that will function as multi-
modal and an intermodal transportation system for the metropolitan area;
(c) To implement and ensure a continuing, cooperative, and comprehensive transportation
planning process that results in coordinated plans and programs consistent with the comprehensively
planned development of this affected metropolitan area in cooperation with the Department;
(d) To assure eligibility for the receipt of Federal capital and operating assistance pursuant to
23 U.S.C. 34 and 49 U.S.C. 5303, 5304, 5305 and 5306; and
(e) To carry out the metropolitan transportation planning process, in cooperation with the
Department, as required by 23 U.S.C. 134 and 49 U.S.C. 5303, 5304, 5305 and 5306; 23 CFR 420 and
450, and 49 CFR Part 613, Subpart A: and consistent with Chapter 339, Florida Statutes, and other
applicable state and local laws.
Section 2.02. Major MPO Responsibilities. The MPO is intended to be a forum for cooperative
decision making by officials of the governmental entities which are party to this Agreement in the
development of transportation-related plans and programs, including but not limited to:
FORM 525-010-01
POLICY PLANNING
OGC - 07/03
Page 4 of 12
(a) The Long-range Transportation Plan;
(b) The Transportation Improvement Program;
(c) The Unified Planning Work Program;
(d) A congestion management system for the metropolitan area as required by state or
federal law;
(e) Assisting the Department in mapping transportation planning boundaries required by state
or federal law;
(f) Assisting the Department in performing its duties relating to access management,
functional classification of roads, and data collection; and
(g) Performing such other tasks presently or hereafter required by state or federal law.
Section 2.03. MPO decisions coordinated with FDOT and consistent with comprehensive
plans. Chapter 334, Florida Statutes, grants the broad authority for the Department's role in
transportation. Section 334.044, Florida Statutes, shows the legislative intent that the Department shall
be responsible for coordinating the planning of a safe, viable and balanced state transportation system
serving all regions of the State. Section 339.155, Florida Statutes, requires the Department to develop a
statewide transportation plan, which considers, to the maximum extent feasible, strategic regional policy
plans, MPO plans, and approved local government comprehensive plans. Section 339.175, Florida
Statutes, specifies the authority and responsibility of the MPO and the Department in the management of
a continuing, cooperative, and comprehensive transportation planning process for the metropolitan area.
In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334
and 339, Florida Statutes, the Department and all parties to this Agreement acknowledge that the
provisions of the Local Government Comprehensive Planning and Land Development Regulation Act,
Sections 163.3161-3215, Florida Statutes, are applicable to this Agreement. The parties to this
Agreement shall take particular care that the planning processes and planning integrity of local
governments as set forth in aforementioned law shall not be infringed upon.
ARTICLE 3
MPO ORGANIZATION AND CREATION
Section 3.01. Establishment of MPO. The MPO for the metropolitan area as described in the
membership apportionment plan approved by the Governor is hereby created and established pursuant
to the Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name of
this Metropolitan Planning Organization shall be the Palm Beach Metropolitan Planning Organization.
Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum,
approval, permit, notice, other proceeding or authorization is required under applicable law to undertake
any power, duty, or responsibility hereunder, orto observe, assume, or carry out any of the provisions of
this Agreement, the MPO will, to the extent of its legal capacity, comply with all applicable laws and
requirements.
Section 3.03. Governinq board to act as policy-making body of MPO. The goveming board
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established pursuant to Section 4.01 of this Agreement shall be the policy-making body forum of the
MPO responsible for cooperative decision-making of actions taken by the MPO. The governing board is
the policy-making body that is the forum for cooperative decision-making and will be taking the required
approval action as the MPO.
Section 3.04. Submission of proceedings; Contracts and other documents. Subject to the dght
to claim an exemption from the Florida Public Records Law, Chapter 119, Florida Statutes, the parties
shall submit to each other such data, reports, records, contracts, and other documents relating to its
performance as a metropolitan planning organization as is requested. Charges are to be in accordance
with Chapter 119, Florida Statutes.
Section 3.05. Ri.qhts of review. All parties to this Agreement and the affected Federal funding
agency (i.e., FHWA, FTA, and FAA) shall have the rights of technical review and comment of MPO
projects.
ARTICLE 4
COMPOSITION; MEMBERSHIP; TERMS OF OFFICE
Section 4.01. Composition and membership of governing board.
(a) The membership of the MPO shall consist of nineteen voting representatives and one
non-voting representative. The names of the member local governmental entities and the voting
apportionment of the governing board as approved by the Governor shall be as follows:
Jurisdiction Members
Palm Beach County 5
City of Belle Glade 1
City of Boca Raton 2
City of Boynton Beach 1
City of Delray Beach 1
Town of Jupiter 1
City of Lake Worth 1
City of Palm Beach Gardens 1
City of Riviera Beach 1
Village of Wellington
City of West Palm Beach 2
City of Greenacres 1 Annually Alternating Member*
Village of Royal Palm Beach 1 Annually Alternating Member*
Port of Palm Beach 1
Florida Department of Transportation 1 (Non-voting)
*The City of Greenacres and the Village of Royal Palm Beach shall, on an annual basis, alternate membership on the MPO.
(b) All voting representatives shall be elected officials of general purpose local
governments, except to the extent that the MPO includes, as part of its apportioned voting membership,
a member of a statutorily authorized planning board or an official of an agency that operates or
administers a major mode of transportation. The City of Greenacres and the Village of Royal Palm
Beach shall each have one voting representative who shall serve only during each year the local
government is a member of the MPO. All individuals acting as a representative of the governing board of
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the county, the city, or authority shall first be selected by said govemin9 board. Each 9overning may
appoint one or more alternate voting representatives in place of a regular voting representative who must
be an elected official serving the same governmental entity that the regular voting representative serves.
(c) In no event shall the county commission representatives constitute less than twenty
percent (20 %) of the total number of representatives on the MPO.
(d) In the event that a governmental entity that is a member of the MPO fails to fill an
assigned appointment to the MPO within sixty days after notification by the Governor of its duty to
appoint a representative, that appointment shall be made by the Governor from the eligible individuals of
that governmental entity.
Section 4.02. Terms. The term of office of members of the MPO shall be four years except that
where membership on the MPO is alternated with another municipality, the term of office shall run
concurrently with municipal membership. The membership of a member who is a public official
automatically terminates upon said official leaving the elective or appointive office for any reason, or may
be terminated by a majority vote of the total membership of the governmental entity represented by the
member. A vacancy shall be filled by the original appointing entity. ^ member may be appointed for one
or more additional four year terms.
ARTICLE 5
AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES
Section 5.01. General authority. The MPO shall have all authorities, powers and duties, enjoy
all rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessary or
appropriate to managing a continuing, cooperative, and comprehensive transportation planning process
as specified in Section 339.175(4) and (5), Florida Statutes.
Section 5.02. Specific authority and powers. The MPO shall have the following powers and
authority:
(a) As provided in Section 339.175(5)(g), Florida Statutes, the MPO may employ
personnel and/or may enter into contracts with local or state agencies and private planning or
engineering firms to utilize the staff resources of local and/or state agencies;
(b) As provided in Section 163.01(14), Florida Statutes, the MPO may enter into
contracts for the performance of service functions of public agencies;
(c) As provided in Section 163.01(5)(j), Florida Statutes, the MPO may acquire, own,
operate, maintain, sell, or lease real and personal property;
(d) As provided in Section 163.01(5)(m), Florida Statutes, the MPO may accept funds,
grants, assistance, gifts or bequests from local, State, and Federal resources;
(e) The MPO may promulgate rules to effectuate its powers, responsibilities, and
obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable local
and state laws, rules and regulations; and]
(f) The MPO shall have such powers and authority as specifically provided in Sections
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163.01 and 339.175, Florida Statutes, and as may otherwise be provided by federal or state law.
Section 5.03. Duties and responsibilities. The MPO shall have the following duties and
responsibilities:
(a) As provided in Section 339.175(5)(d), Florida Statutes, the MPO shall create and
appoint a technical advisory committee;
(b) As provided in Section 339.175(5)(e), Florida Statutes, the MPO shall create and
appoint a citizens' advisory committee;
(c) As provided in Section 163.01(5)(o), Florida Statutes, the MPO membership shall be
jointly and severally liable for liabilities, and the MPO may respond to such liabilities through the
purchase of insurance or bonds, the retention of legal counsel, and, as appropriate, the approval of
settlements of claims by its governing board;
(d) As provided in Section 339.175(8), Florida Statutes, the MPO shall establish a
budget which shall operate on a fiscal year basis consistent with any requirements of the Unified
Planning Work Program;
(e) The MPO, in cooperation with the Department, shall carry out the metropolitan
transportation planning process as required by 23 CFR Parts 420 and 450, and 49 CFR Part 613,
Subpart A, and consistent with Chapter 339, Florida Statutes, and other applicable state and local laws;
(f) As provided in Section 339.175(9)(a), Florida Statutes, the MPO shall enter into
agreements with the Department, operators of public transportation systems and the metropolitan and
regional intergovernmental coordination and review agencies serving the metropolitan area. These
agreements will prescribe the cooperative manner in which the transportation planning process will be
coordinated and included in the comprehensively planned development of the area;
(g) Prepare the Long-Range Transportation Plan;
(h) In cooperation with the Department, prepare the Transportation Improvement
Program;
(i) In cooperation with the Department, prepare and annually update the Unified
Planning Work Program;
0) Prepare a congestion management system for the metropolitan area;
(k) Assist the Department in mapping transportation planning boundaries required by
state or federal law;
(I) Assist the Department in performing its duties relating to access management,
functional classification of roads, and data collection;
(m) Perform such other tasks presently or hereafter required by state or federal law;
(n) Execute certifications and agreements necessary to comply with state or federal Jaw;
and
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(o) Adopt operating rules and procedures.
ARTICLE 6
FUNDING; INVENTORY REPORT; RECORD-KEEPING
Section 6.01 Fundin.q. The Department shall allocate to the MPO for its performance of its
transportation planning and programming duties, an appropriate amount of federal transportation
planning funds.
Section 6.02 Inventory report. The MPO agrees to inventory, to maintain records of and
to insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to
funding under this Agreement. This shall be done in accordance with the requirements of 23 CFR Part
420, Subpart A, 49 CFR Part 18, Subpart C, and all other applicable federal regulations.
Section 6.03 Record-keepin.q and document retention The Department and the MPO
shall prepare and retain all records in accordance with the federal and state requirements, including but
not limited to 23 CFR Part 420, Subpart A, 49 CFR Part 18, Subpart C, 49 CFR 18.42, and Chapter 119,
Florida Statutes.
ARTICLE 7
MISCELLANEOUS PROVISIONS
Section 7.01. Constitutional or statutory duties and responsibilities of parties. This
Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of
any of the parties. In addition, this Agreement does not relieve any of the parties of an obligation or
responsibility imposed upon them by law, except to the extent of actual and timely performance thereof
by one or more of the parties to this Agreement or any legal or administrative entity created or authorized
by this Agreement, in which case this performance may be offered in satisfaction of the obligation or
responsibility.
Section 7.02. Amendment of Aqreement. Amendments or modifications of this Agreement
may only be made by written agreement signed by all parties here to with the same formalities as the
original Agreement. No amendment may alter the apportionment or jurisdictional boundaries of the MPO
without approval by the Governor.
Section 7.03. Duration; withdrawal procedure.
(a) Duration. This Agreement shall remain in effect until terminated by the parties to this
Agreement; provided, however, that by no later than June 30, 2009 and at least every five years
thereafter, the Governor shall examine the composition of the MPO membership and reapportion it as
necessary to comply with Section 339.175, Florida Statutes, as appropriate. During examination of the
MPO apportionment every five years by the Governor, this Agreement shall be reviewed by the MPO and
the Department to confirm the validity of the contents and to recommend amendments, if any, that are
required.
(b) Withdrawal procedure. Any party, except Palm Beach County and the United States
Bureau of the Census designated center city(les), may withdraw from this Agreement after presenting in
written form a notice of intent to withdraw to the other parties to this Agreement and the MPO, at least 90
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days prior to the intended date of withdrawal. Upon receipt of the intended notice of withdrawal:
(1) The withdrawing member and the MPO shall execute a memorandum reflecting the
withdrawal of the member and alteration of the list of member governments that are signatories to this
Agreement. The memorandum shall be filed in the Office of the Clerk of the Circuit Court of each county
in which a party hereto is located; and
(2) The Office of the Governor shall be contacted, and the Governor, with the
agreement of the remaining members of the MPO, shall determine whether any reapportionment of the
membership shall be appropriate. The Governor and the MPO shall review the previous MPO
designation, applicable Florida and local law, and MPO rules for appropriate revision. In the event that
another entity is to accorded membership in the place of the member withdrawing from the MPO, the
parties acknowledge that pursuant to 23 CFR 450.306(k), adding membership to the MPO does not
automatically require re-designation of the MPO. In the event that a party who is not a signatory to this
Agreement is accorded membership on the MPO, membership shall not become effective until this
Agreement is amended to reflect that the new member has joined the MPO.
Section 7.04. Notices. All notices, demands and correspondence required or provided for
under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage
prepaid, return receipt requested. Notice required to be given shall be addressed as follows:
Palm Beach County City of Belle Glade
301 North Olive Avenue 110 Southwest Avenue "E"
West Palm Beach, FL 33401 Belle Glade, FL 33430
City of Boca Raton City of Boynton Beach
201 West Palmetto Park Road 100 East Boynton Beach Boulevard
Boca Raton, FL 33432 Boynton Beach, FL 33435
City of Delray Beach City of Greenacres
100 Northwest First Avenue 5985 Tenth Avenue North
Delray Beach, FL 33444 Greenacres, F 33463-2399
Town of Jupiter City of Lake Worth
210 Military Trail 7 North Dixie Highway
Jupiter, FL 33458 Lake Worth, FL 3360
City of Palm Beach Gardens City of Riviera Beach
10500 North Military Trail 600 West Blue Heron Boulevard
Palm Beach Gardens, FL 33410 Riviera Beach, FL 33404
Village of Royal Palm Beach Village of Wellington
1050 Royal Palm Beach Boulevard 14000 Greenbriar Boulevard
Royal Palm Beach, FL 33411 Wellington, FL 33414
City of West Palm Beach Port of Palm Beach
Post Office Box 3366 Post Office Box 9935
West Palm Beach, FL 33402-3366 Riviera Beach, FL 33419-9935
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Florida Department of Transportation- Dist. IV
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309-3421
A party may unilaterally change its address or addressee by giving notice in writing to the other parties as
provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be
addressed and transmitted to the new address.
Section 7.05. Interpretation.
(a) Drafters of Agreement. The Department and the members of the MPO were each
represented by or afforded the opportunity for representation by legal counsel and participated .in the
drafting of this Agreement and in choice of wording. Consequently, no provision hereof should be more
strongly construed against any party as drafter of this Agreement.
(b) Severability. Invalidation of any one of the provisions of this Agreement or any part,
clause or word hereof, or the application thereof in specific circumstances, by judgment, court order, or .
administrative hearing or order shall not affect any other provisions or applications in other
circumstances, all of which shall remain in full force and effect; provided, that such remainder would then
continue to conform to the terms and requirements of applicable law.
(c) Rules of construction. In interpreting this Agreement, the following rules of
construction shall apply unless the context indicates otherwise:
(1) The singular of any word or term includes the plural;
(2) The masculine gender includes the feminine gender; and
(3) The word "shall" is mandatory, and "may" is permissive.
Section 7.06. Enforcement by parties hereto. In the event of any judicial or administrative
action to enforce or interpret this Agreement by any party hereto, each party shall bear its own attorney's
fees in connection with such proceeding.
Section 7.07. Agreement execution; Use of counterpart signature pages. This Agreement,
and any amendments hereto, may be simultaneously executed in several counterparts, each of which so
executed shall be deemed to be an original, and such counterparts together shall constitute one and the
same instrument.
Section 7.08. Effective date; Cost of recordation.
(a) Effective date. This Agreement shall become effective upon its filing in the Office of
the Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment hereto
shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for each county in
which a party hereto is located.
(b) Recordation. FDOT hereby agrees to pay for any costs of recordation or filing of
this Agreement in the Office of the Circuit Court for each county in which a party is hereto located. The
recorded or filed original hereof, or any amendment, shall be returned to the MPO for filing in its records.
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IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement
on behalf of the referenced legal entities and hereby establish the above designated MPO.
Signed, Sealed and Delivered in the presence of:
BOARD OF COUNTY COMMISSIONERS CITY OF DELRAY BEACH
OF PALM BEACH COUNTY, FLORIDA
BY: BY:
CHAIRPERSON MAYOR
ATTEST: ATTEST:
CLERK CLERK
CITY OF BELLE GLADE CITY OF GREENACRES
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
CITY OF BOCA RATON TOWN OF JUPITER
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
CITY OF BOYNTON BEACH CITY OF LAKE WORTH
BY: BY:
MAYOR MAYOR
ATTEST: ATTEST:
CLERK CLERK
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CITY OF PALM BEACH GARDENS PORT OF PALM BEACH
BY: BY:
MAYOR CHAIR
ATTEST: ATTEST:
CLERK EXECUTIVE DIRECTOR
CITY OF RIVIERA BEACH
BY: STATE OF FLORIDA
MAYOR DEPARTMENT OF TRANSPORTATION
BY:
ATTEST: DISTRICTSECRETARY
CLERK
ATTEST:
VILLAGE OF ROYAL PALM BEACH EXECUTIVE SECRETARY
BY:
MAYOR
Approved as to Form:
ATTEST:
CLERK Flodda Department of Transportation
VILLAGE OF WELLINGTON BY:
ATTORNEY
BY:
MAYOR
ATTEST:
CLERK
CITY OF WEST PALM BEACH
BY:
MAYOR
ATTEST:
CLERK
PALM BEACH
METROPOLITAN PLANNING ORGANIZATION
160 Australian Avenue, Suite 201, West Palm Beach, Florida 33406
Phone 561.684.4170 Fax 561.233.5664 www. pbcgov, com/mpo
May 26, 2004
Honorable Mayor Jerry Taylor
City of Boynton Beach
100 E. Boynton Beach Boulevard :~ .~
Boynton Beach, FL 33435
Reference:Palm Beach Metropolitan Planning Organization
I nterlocal Agreement
Dear Mayor Taylor:
Following the decennial Census, the Governor and the Metropolitan Planning
Organization (MPO) reviewed the Board's membership. The Palm Beach MPO
has revised and expanded its membership to the maximum of nineteen
members. The membership changes include the addition of the Village of
Wellington as a member and the replacement of a statutorily authorized planning
board member with the City of Greenacres and the Village of Royal Palm Beach
as annually alternating members.
The Palm Beach MPO, with its revised membership, must be created through an
Interlocal Agreement executed by all represented jurisdictions. The enclosed
Agreement was created by the Florida Department of Transportation to meet
Federal and State requirements and modified to reflect local members. Also
enclosed is an example resolution authorizing execution of the Agreement.
Following your approval, the MPO staff will meet with you to sign original copies
of the Agreement. Copies of the signed agreement will be distributed later.
Your expeditious attention to this matter is appreciated. If you have any
questions, please contact me.
Sincerely,
RMW/eer
Enclosures (2)
VI.-CONSENT AGENDA
CITY OF BOYNTON BEA( ITEM D.1
AGENDA ITEM REQUEST FOte v
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 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 [] Unf'mished Business
RECOMMENDATION: Please place this request on the July 6, 2004 City Commission Agenda under Consent
Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved~
subject to the revision to condition #2 to limit the area for parking calculation to gross "ground" floor area only. ~I~
details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-117.
EXPLANATION: '"O ,'.';-'~
PROJECT: Boynton Commerce Center Lot 3B (USAP 04-003) ~::
AGENT: Joni Brinkman, AICP
OWNER: Nayrot Realty, Inc.
LOCATION: South of Woolbright Road and West of 1-95
DESCRIPTION: Request for use approval for dance instruction on Lot 3B only.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
DevelolbI~enf~e~t"~Di~e&or City Manager's Signature
Plahni~ and Zoni~g~Director City Attomey/ Finance / Human Resources
S:'xPIanning\SHARED\WPWRO3ECTSXBoynton Commerce CtrXBoynton Commerce Ctr, Lot 3B\USAP 04-003 Dance Instruction~Agenda Item Request
Boynton Commerce Ct Lot 3B USAP 04-003 7-6-04.dot
SSBULLETINNrORMS~GENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PI.ANNt'NG AND ZONI'NG DZVZStON
MEMORANDUM NO. PZ 04-117
STAFF REPORT
TO: Chairman and Members
Planning and Development Board and City Commission
THRU: Michael Rumpf
Director of Planning & Zoning
FROM: Eric Lee ;lohnson, A[CP
Planner
DATE: 3une 16, 2004
PRO.~ECT NAME/NO: Boynton Commerce Center PID / (USAP 04-003)
REQUEST: Use Approval for Dance Instruction on Lot 3B only
PRO3ECT DESCRZPTZON
Property Owner: Nayrot Realty, Incorporated
Agent: .loni Brinkman, AICP / Winston Lee & Associates, Incorporated
Location: Boynton Commerce Center PID
Existing Land Use/Zoning: Industrial (I) / Planned Industrial Development (PID)
Proposed Land Use/Zoning: N/A
Proposed Use: Dance Instruction on Lot 3B only (see Exhibit "B"- Proposed
Revisions to the Approved Ust of Permitted Uses)
Acreage: + / -3.8 acres (Lot 3B)
Adjacent Uses:
North: Developed Boynton Commerce Center Lot 3-A (Lowe's) with a Local
Retail Commercial (IRC) land use designation, zoned Community
Commercial (C-3);
South: Developed office / industrial Boynton Commerce Center Lot 3-C with a
industrial (I) land use deslgnaUon, zoned Planned industrial
Development (PID);
East: Right-of-way for the C.S.X. Railroad, then farther east is right-of-way
for Interstate 95; and
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 2
West: Vacant industrial property, Boynton Commerce Center Lot 3-H,
classified Industrial (1) and zoned, Planned Industrial Development
(PID); still farther west is developed residential property with a
Moderate Density Eesidential (MODE), zoned Single Family Eesidential
(R-i-AA).
~ACKGROUND & ANALYSZS
Ms..]oni Bdnkman, agent for the owner has submitted an application for use approval in the Boynton
Commerce Center Planned Industrial Development (PID) (see attached location map - Exhibit"A'O.
Each Planned Industrial Development (PID) has a list of permitted uses. ]~n short, the use approval
list includes a wide variety of uses and intensities, which range from very industTial to commerdalized
industrial-type uses. The commercial uses are allowed showrooms and retail spaces up to 100% of
the gross floor area of a bay. The underlined text indicates the proposed modification to the Boynton
Commerce Center PID permitted use list. For clarity in the staff report, the analysis and
recommendations are ltalic/zed below the corresponding revision.
Exhibit "B" shows Ms. Brinkman's proposed modifications to the Permitted Use List of the Boynton
Commerce Center Planned Industrial Development (PID). Please note that the only proposed
changes are to add "Dance Instruction" under the Miscellaneous Uses heading as an approved use
(see page #4 below). The proposed changes are as follows (underlined):
Permitted Uses.
A. Personal Services
No change proposed.
B. Manufacturing, including compounding, assembly, repair, or treatment of articles or
merchandise from previously prepared materials from the following:
1. Cellophane.
2. Canvas.
3. Fiber (i.e. wood, except that furniture manufacturing requires environmental review).
4. Fiberglass.
5. Glass.
6. Leather.
7. Textiles.
8, Yarn.
9. Uses listed under Section 8.A.Z.a (6), (7), (9), (10), (12-15), (18), and (21); Section
8.A.l.b. (1), (3), & (9) of the Boynton Beach Zoning Code.
No change proposed,
C. Warehouse, DistribuUon, Wholesale
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 3
1. Any manufacturing category listed above, or any use listed in Chapter 2, Section
8.A.l.c (2), (3), (4), (6), (7), (9), (14), and (16) of the M-1 INDUSTRIAL DISTRICT,
Zoning RegulaUons
But not limited to the following:
Window treatment manufacturing and showroom
Glass and mirror manufacturing and distribuUon
Alarm system manufacturing and installers
~le and Carpet wholesale
Furniture wholesale and distribution
Artifidal flowers/plants wholesale and distribution
Paper
Plastic
Metals (i.e. machine shop)
Rubber
Electrical appliances, instruments, devices, and components
Boat parts and equipment
Airplane parts and equipment
Medical equipment, instruments, devices, and components
Furniture
Precision instruments
Engraving, printing, and publishing.
No change proposed.
2. Retail sales are allowed for good listed under the sections specified under I.C.i.,
provided that less than 50% of the goods sold on the premises are sold at retail with
the exception of the area designated on Lot 3B as industrial, which shall be allowed
no retail sales.
No change proposed.
3. Retail sales of up to 100% of sales, are allowed for goods listed under the section
specified in (Seclz'on .r.c. 1.) above on Lot 38 only, for up to ~,9% the gross floor
square footage of the building, with the exception of 8.A.1.c. (1~,). The specific uses
within the code sections 8.A.l.c. (2), (3) and Yumiture' shall be limited to a
maximum floor area of 10,000 square feet. This square footage shall be located in
the western area of the building and depicted on the approved site plan. This retail
sales "use" is considered ancillary to the overall industrial uses approved for this lot.
No change proposed.
D. Operations Center - Requiring a mix of moderate warehouse and increased office use.
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 4
1. Bank Operations Center
2. Insurance Company Records Storage
3. Government Operations Facility
4. Radio / TV studio
5. Nursing Registries
6. Non-profit Trade Organization Research and Record Storage Facilities
7. Offices for contractors (work shops and outside storage). However, truck parking for
contractors is specifically prohibited.
No change proposed,
E. Offices
1. PID Leasing Office
2. Satellite Operations Management Offices for any Light Industrial Use Allowed in
Se~on 8 of the "N-1 Industrial District" Zoning Regulations
3. Professional Engineering Offices
No change proposed.
F. Miscellaneous Uses:
l. Dance Instruction, only in the Dor~ion of the building on Lot 3B designated as retail.
Current/y, dance instruct/on operations are a/lowed in the C-2, 03, 04, and M-1 zoning
disb?'cts. Approval of this request would be to a/iow them w/thin the 8oynton Commerce
Center PID. In the summer of 2003, Ms. 8dnkman made a use approval request (USAP 05-
002) to allow "retail*and "commercial" uses w/thin the building proposed on Lot SB of the
Boynton Commerce Center £ID. Etaff had concerns over the/ncrementa//ossandconvers/on
of industrially-zoned/ands to commerda/ properties by allowing retail type uses on them.
However, staff also recognized that Lot 38 would be a very attract/ye location for retail users
because of its close proximity and high vidbility to the Lowe's $uperstore. After careful
evaluation, staff recommended approval of Ms. Bdnkrnan's request of allowing 100% retail
on Lot 3B, however, contingent upon the following conditions:
· That retail operations would occur only/n the western ~tgo~ port/on of the proposed
building on Lot SB on/y, which wou/d be regu/ated by the s/te p/an of record and that
the uses covered under Sect/on 8.A.l.c. (2), ($), and Turn/ture' be//m/ted to a
maximum square footage of lO, O00 square feet;
· That uses covered under Section 8.A. 1. c (14) would not be allowed the retail opt/on;
and
· That as agreed to by the applicant, there would be no retail sa/es a/lowed/n the
remainder of the building.
In December of 2003, Southern Dance Studio made a separate app//cat~bn to mod/fy the
Land Development Regulations (CDRV 03-005) to allow dance/nstruct~bn operations/n the
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 5
M-1 zoning district. A/though the application was made primarily for a separate property
elsewhere in the City, its subsequent approval has an impact on al/properties with indusby'al
zoning. In opposilybn to that request, staff argued that dance instruction operalybns would
be an inapprop/iate use in the 'M-1 zoning dist/ict. The applicant's justification for the
request was that "dance schools require high ceilings (m/n/mum 16 feet) for lift work and
hanging of fans, and relatively large open rooms': The City Commission approved the
request to a/low dance stud/os as conditional uses in the M-1 zoning distn'ct pursuant to
Ordinance 04-002.
Staff understands that economic and market trends evolve at a faster pace than the
updating of zoning regulations and may also lead to inconsistency in regard to the
relationship between public we/fare and the allowance of such use. It should be noted that
this use functions somewhat similar to gymnastic centers, which was also added as a
permitted use to the M-1 zoning dist/ict pursuant to Ordinance 01-057 (November I6,
2001). The required parkJng would be treated as for any other commercial operation.
Likewise, the required parking for dance instruction operations for this use approval would
also then be consistent with the methodology that was ut/'/ized for the Lot 3B project (1
parking space per 200 square feet of/~oor area). The applicant states that "this (parking)
method is consistent with the commercial method a/ready depicted on the approved site
plan, no increase in required parking wi//be necessary as a result of this use being a/lowed
in the retail porbbn of the building~. Staff concurs. Consistent with Ms. B/ink/nan's summer
of 2003 request, staff recommends that a revised trafl~c impact statement be required
indicating the proposed uses and their intensities (building area). The Palm Beach County
Traffic D/vision would review the reWsed traffic impact statement to determine the change (if
any) on the Traffic Performance Standards of Palm Beach County (see Exhibit "C"-
Condi~bns of Approval).
II. Uses requiring City Rre Department Hazardous Material Disclosure Form.
A. Manufacturing, including compounding, assembling, repair, or treatment of arUdes or
merchandise from the folloWing previously prepared materials.
1. Cosmetics
2. Drugs
3. Pharmaceutical
4. Paper
5. PlasUcs
6. Metal (i.e., machine shop)
7. Wire
8. Rubber
9. Electrical appliances, instruments, devices, and components
10. Auto parts and equipment
13.. Boat parts and equipment
12. Airplane parts and equipment
13. Medical equipment, instruments, devices and components
14. Furniture
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 6
15. Precision instruments
16. Engraving, printing and publishing
No change proposed.
B. Warehouse, Distribution, Wholesale.
z. Seafood (excluding Processing)
No change proposed,
2. Principal uses for any of the manufacturing categories listed under [[.A. above.
No change proposed.
3. Retail sales are allowed for goods listed under this section, provided that less than
50% of the goods sold on the premises are sold at retail, with the exception of the
area designated on Lot 3B as industrial, which shall be allowed no retail sales.
No change proposed.
C. Other uses as follows:
1. Building cleaning and janitorial services.
No change proposed.
III. All uses not specifically listed above are prohibited. Furthermore, the following uses
are expressly prohibited:
1. Fertilizer manufacturing, sale, or distribution
2. Millwork
3. Metal casting
4. Welding shop
5. Contractors' shops, storage, or truck parking
6. Retail sales, where the value of goods sold at retail exceeds 50% of the total
value of goods sold from the premises with the exception of the area designated
on Lot 3B as industrial, which shall be allowed no retail sales.
7. Any warehouse or wholesale use which is listed in Section 8.A.2.b, 8.A.3.c., or
Section 8.A.5.b. of the "M-1 INDUSTRIAL DISTRICT".
No change proposed.
Parkinq Requirements:
Warehouse, distribution, wholesale: One (1) parking space per eight hundred (800)
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 7
square feet of gross floor area (subject to the conditions outlined in notes 1-3 below).
No change proposed.
Nanufacturinq: One (1) parking space per two (:2) employees, but not less than one (:1)
parking space per five-hundred (500) square feet of gross floor area (subject to the
condiUons ouUined in notes :1-3 below).
No change proposed.
Buildinq cleanin.q and ianitorial services: One (:1) parking space per 800 square feet of
gross floor area (subject to the conditions outlined in notes :1-3 below).
No change proposed.
1. Showrooms assodated with the principal use are permitted as an andllary use up
to a maximum of 30% of the total gross floor area devoted to such use.
No change proposed,
2. Offices associated With the principal use are permitted as an ancillary use with a
maximum of 30% of the total gross floor area devoted to such use.
No change proposed.
3. Office floor area which exceeds 30% of the total gross floor area shall be
considered a principal use and shall provide parking at the rate of one (:1) parking
space per three hundred (300) square feet of the entire gross floor area devoted
to such use.
No change proposed,
Lot 3B: The parking calculation methods to be utilized for Lot 3B are as follows:
1. Retail: The potential retail square footage (up to 49% of the gross ground floor
square footage) shall require one (1) parking space per two hundred (200)
square feet.
No change proposed.
2. Blended Rate: Warehouse, distribution, wholesale, showroom, and manufacturing
uses shall have the option to utilize a blended rate of one (:1) parking space per
five hundred (500) square feet of gross floor area.
No change proposed.
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 8
3. Mezzanine square footage shall be limited to warehouse uses and may utilize a
parking calculation method of one (1) parking space per eight hundred (800)
square feet of gross floor area.
No change proposed.
Operations Center: One (1) parking space per three hundred (300) square feet of gross
floor area devoted to office use and one (1) parking space per eight hundred (800)
square feet of gross floor are devoted to warehouse use. Where both office and
warehouse uses are intermixed, parking shall be calculated based on the requirement for
office use.
No change proposed.
Personal Services and Offices: One (z) parking space per three hundred (300) square
feet of gross floor area.
No change proposed.
PERFORf4ANCE STANDARDS
Rnally, the applicant is required to address the Performance Standards listed in Chapter 2, Section
4.N of the Land Development Regulations as they relate to the proposed list of permitted uses. The
purpose of the Performance Standards is to ensure that uses will not be a nuisance or hazard to
persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or
to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise,
vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or
humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or
solid waste accumulation. The applicant has been asked to provide a description of their request
relative to the performance standards within Chapter 2, Section 4.N of the Land Development
Regulations to evaluate the impact and appropriateness of this use within the PID district. These
responses are listed as follows:
A. Noise: No use shall be carried out on the property so as to create sound which is in
violation of Section 15-8 of the City Ordinances. The use as proposed shall not produce
sound in violation of Section 15-8.
B. Vibrations: No use shall be carded out on the property so as to create inherently and
recurrently generated ground vibrations, which are perceptible without instruments at any
point at or beyond the property line. The use as proposed should not create ground
vibrations that would be perceptible beyond the property lines of the subject lot.
C. Smoke~ dust~ dirt, or other particulate matter: No use shall be carried out on the
property so as to allow the emission of smoke, dust, dirt, or other particulate matter, which
may cause damage to property or vegetation, discomfort or harm to persons or animals, or
prevent the reasonable use and enjoyment of property and rights-of-way beyond the property
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 9
line. Furthermore, no use will be carded out on the property so as to allow the emission of
any substances in violation of any federal, state, county, or city law or permit governing the
emission of such substances. The proposed use do not produce smoke, dust, dirt, or other
particulate matter and shall comply with all federal, state, county or city laws or permits
pertaining to same.
D. Odors and fumes: No use shall be carded out in any industrial distdct so as to allow the
emission of objectionable or offensive odors or fumes in such concentration as to be readily
perceptible at any point at or beyond the boundary of industrial districts. For all non-districts,
the standards contained in this paragraph shall apply where district abuts a residential district.
The proposed use does not produce any objectionable or offensive odors or fumes that would
be readily perceptible at any point at or beyond the boundary of the PID.
E. Toxic or noxious matter: No use shall be carded out in any zoning district so as to allow
the discharge of any toxic or noxious matter in such concentrations as to cause damage to the
property or vegetation, discomfort, or harm to persons or animals, or prevent the reasonable
use and enjoyment of property or rights-of-way, at or beyond the property line of the property
on which the use is located; or to contaminate any public waters or any groundwater. The
proposed use does not produce any toxic or noxious matter in any concentrations that would
cause or vegetation, discomfort, or harm to persons or animals, or prevent the reasonable use
and enjoyment of property or rights-of-way, at or beyond the property line of the property on
which the use is located; or contaminate any public waters or any groundwater.
F. Fire and Explosion: No use shall be carried out in any zoning districts so as to create a fire
or explosion hazard to adjacent or nearby property or rights-of-way or any persons or
property thereon. Furthermore, the storage, use, or production of flammable or explosive
materials shall be in conformance with the provision in Chapter 9 of the City of Beynton Beach
Code or Ordinances. The proposed use does not create a fire or explosive hazard. There will
be no storage of flammable or explosive materials unless in conformance with Chapter 9 of
the Land Development Regulations.
G. Heat, Humidity or Glare: No use shall be carded out in any zoning district so as produce
heat, humidity or glare readily perceptible at any point at or beyond the property line of the
property on which the use is located. Artifidal lighting, which is used to illuminate any
property or use, shall be directed away from any residential use, which is a conforming use
according to these regulations, so as not to create a nuisance to such residential uses. The
proposed use does not produce heat, humidity or glare. Site lighting will conform to code
requirements and shall not be directed toward any residential uses.
H. Liquid Waste: No use shall be carried out in any zoning district so as to dispose of liquid
waste of any type, quantity, or manner, which is not in conformance with the provisions of
Chapter 26 or the City of Boynton Beach Code of Ordinances, or any applicable federal, state,
or county laws or permits. Any applicable provisions of Chapter 26 of the City Of Boynton
Beach Code of Ordinances, or any applicable federal, state, or county laws or permits shall be
complied with.
Boynton Commerce Center (USAP 04-003) Staff Report
Memorandum No PZ-4-117
Page 10
[. Solid Waste: No use shall be carried out in any zoning districts so as to allow the
accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the
City Ordinances, or which would cause solid waste to be transferred in any manner to
adjacent or nearby property or rights-of-way. The proposed use shall be in compliance with
Chapter 10 of the City Of Boynton Beach Code of Ordinances and shall utilize the solid waste
receptacles as depicted on the approved site plan.
3. Electromagnetic :Interference-' No use shall be carded out in any zoning districts so as to
create electromagnetic radiation, which causes abnormal degradation of performance of any
electromagnetic receptor of quality and proper design as defined, by the principles and
standards adopted by the [nstitute of Electrical and Electronics Engineers, or the Electronic
industries Association. Furthermore, no use shall be carded out on the property so as to
cause electromagnetic radiation, which does not comply with the Federal Communications
Commission Regulations, or which causes objectionable electromagnetic interference with
normal radio or television reception in any zoning district. The proposed use shall not create
electromagnetic radiation.
K. Hazardous Materials and Hazardous Waste: Zf any business locates within the PID
which uses, handles, stores, or displays hazardous materials or generates hazardous waste,
shall comply with items a. through d. as outlined in the City's performance standards. In
addition, Section 11.3, of the use list outlines specific uses which are prohibited in the P[D
and no additions or deletions to this portion of the approved list has been proposed as part
of this request.
The above-referenced testimony by the applicant certifies that the proposed uses would not violate
any of the performance standards listed in Chapter 2, Section 4. N of the Land Development
Regulations.
RECOMMENDAI'XON
Non-industrial uses, such as gymnastic centers and dance instruction operations, are already
permitted in the M-1 zoning district. Furthermore, a P[D is an upscale industrial environment with
appropriate site improvements and the means to control or limit impacts from heaw industrial uses,
which would be incompatible with the subject use. Lastly, the subject P[D has already been approved
for commercial uses limited to the subject building. Therefore, staff recommends that the above
request for use approval be approved to allow dance instruction operations on Lot 3B only. Additional
comments recommended by the Planning & Development Board or City Commission would also be
included in Exhibit "C" - Conditions of Approval.
S:\Planr~ngL~HARED\WP~PRO~ECTS~Boynton Commerce Ctr~Boynton Comme~e Ctr, Lot 38\USAP 04-003 Dance b~a~:flo~Staff ReporLdec
Location Map
BOYNTON BEACH COMMERCE CENTER EXHIBIT
LOT 3 B
EXHIBIT "B"
Proposed Revision to the Approved List of
Permitted Uses and Parking Requirements for Boynton Commerce Center PI])
.April 14, 2004
I. Permitted Uses, Not Requiring Environmental Review Approval.
A. Personal Services
1. Carpet and Upholstery Cleaning
B. Manufacturing, including compounding, assembly, repair, or treatment of articles
or merchandise from the following previously prepared materials:
1. Cellophane
2. Canvas
3. Fiber (i.e., wood, except that furniture manufacturing requires
environmental review)
4. Fiberglass
5. Glass
6. Leather
7. Textiles
8. Yarn
9. Uses listed under Section 8.A.l.a.(6), (7), (9), (10), (12-15), (18) and (21);
Section 8.A.l.b.(1), (3), & (9) o£the Boynton Beach Zoning Code.
C. Warehouse, Distribution, Wholesale
1. Any manufacturing category listed above, or any use listed in Sections
8.A. 1.c.(2), (3), (4), (6), (7), (9), (14), and (16) o£the "M-1
INDUSTRIAL DISTRICT" Zoning Regulations, and including, but not
limited to the following:
Window treatment manufacturing and showroom
Glass and mirror manufacturing and distribution
Alarm system manufacturers and installers
Tile and Carpet wholesale
Furniture wholesale and distribution
Artificial flowers/plants wholesale and distribution
Paper
Plastics
Metal (i.e. machine shop)
Rubber
Electrical appliances, instruments, devices, and components
Boat parts and equipment
EXHIBIT "B"
Airplane parts and equipment
Medical equipment, instruments, devices and components
Furniture
Precision instruments
Engraving, printing and publishing
2. Retail sales are allowed for goods listed under the sections specified in
I.C.1. above, provided that less than 50% of the goods sold on the
premiss are sold at retail with the exception of the area designated on Lot
3B as industrial, which shall be allowed no retail sales.
3. Retail sales, of up to 100% of sales, are allowed for goods listed under the
sections specified in I.C.1. above on Lot 3B only, for up to 49% the gross
ground floor square footage of the building, with the exception of
8.A. 1.c.(14).. The specific uses within the code sections 8.A.l.e.(2), (3)
and 'furniture' shall be limited to a maximum floor area of 10,000 square
feet. This square footage shall be located in the western area of the
building and depicted on the approved site plan. The retail sales 'use' is
considered ancillary to the overall industrial uses approved for the PID.
D. Operations Center - Requiring a mix of moderate warehouse and increased office
use.
1. Bank Operations Center
2. Insurance Company Records Storage
3. Government Operations Facility
4. Radio/Television Studio
5. Nursing Registries
6. Non-Profit Trade Organization Research and Record Storage Facilities
7. Offices for contractors (work shops and outside storage). Truck parking
for contractors is specifically prohibited, however.
E. Offices
1. PID Leasing Office
2. Satellite Operations Management Offices for any Light Industrial Use
Allowed in Section 8 of the "M-1 Industrial District" Zoning Regulations
3. Professional Engineering Offices
Boynton Commerce Cemer PID Use List
Page 2
EXHIBIT "B"
F. Miscellaneous Uses
1_. Dance Instruction is allowed only in the portion of the building on Lot 3B
designated as retail.
II Uses requiring Environmental Review - See Planning Department for Application
A. Manufacturing, including compounding, assembling, repair, or treatment of articles
or merchandise from the following previously prepared materials:
1. Cosmetics
2. Drugs
3. Pharmaceutical
4. Paper
5. Plastics
6. Metal (i.e., machine shop)
7. Wire
8. Rubber
9. Electrical appliances, instruments, devices, and components
10. Auto parts and equipment
11. Boat parts and equipment
12. Airplane parts and equipment
13. Medical equipment, instruments, devices and components
14. Furniture
15. Precision instruments
16. Engraving, printing and publishing
B. Warehouse, Distribution, Wholesale
1. Seafood (excluding Processing)
2. Principal uses for any of the manufacturing categories listed under II.A.
above.
3. Retail sales are allowed for goods listed under Section II.A. 5. above
(plastics) provided that less than 50°/$ of the goods sold on the premises are
sold at retail, excepting the eastern portion of the building on Lot 3B
designated as industrial, which shall not be allowed retail sales.
C. Other uses as follows:
1. Building cleaning and janitorial services
III All uses not specifically listed above are prohibited. Furthermore, the following uses are
Boynton Commerce Center PIE) Use List
Page 3
expressly prohibited: EXHIBIT "B"
1. Fertilizer manufacturing, sale or distribution
2. Millwork
3. Metal casting
4. Welding shops
5. Contractor's shops, storage, or track parking
6. Retail sales, where the value of goods sold at retail exceeds 50% of the
total value of goods sold from the premises with the exception of the area
designated on Lot 3B as industrial, which shall be allowed no retail sales.
7. Any warehouse or wholesale use which is listed in Section 8.A.2..b.,
8.A.3.c., or Section 8.A.5.b. of the "M-1 INDUSTRIAL DISTRICT"
Zoning Regulations
Parking Requirements:
Warehouse, distribution, wholesale: One (1) parking space per eight hundred (800) square
feet of gross floor area (subject to the conditions outlined in notes 1-3 below).
Manufacturing/Building cleaning and janitorial services: One (1) parking space per two (2)
employees, but not less than one (1) parking space per five-hundred (500) square feet of
gross floor area (subject to the conditions outlined in notes 1-3 below).
1. Showrooms associated with the principal use are permitted as an ancillary use up
to a maximum of 30% of the total gross floor area devoted to such use.
2. Offices associated with the principal use are permitted as an ancillary use with a
maximum of 30% of the total gross floor area devoted to such use.
3. Office floor area which exceeds 30% of the total gross floor area shall be
considered a principal use and shall provide parking at the rate of one (1) parking
space per three hundred (300) square feet of the entire gross floor area devoted to
such use.
Lot 3B: The parking calculation methods to be mill?ed for Lot 3B are as follows:
1. Retail: The potential retail square footage (up to 49% of the gross ground floor
square footage), shall require one (1) parking space per two hundred (200) square
feet.
2. Blended Rate: Warehouse, distribution, wholesale, showroom, and manufacturing
uses shall have the option to utilize a blended rate of one (1) parking space per
five-hundred (500) square feet of gross floor area.
3. Mezzanine square footage shall be limited to warehouse uses and may utilize a
parking calculation method of one (1) parking space per eight hundred (800)
square feet of gross floor area.
Boynton Commerce Center PID Use List
Page 4
EXHIBIT "B" Operations Center: One (1) parking space per three hundred (300) square feet of gross
floor area devoted to office use and one (1) parking space per eight hundred (800) square
feet of gross floor are devoted to warehouse use. Where both office and warehouse uses
are intermixed, parking shall be calculated based on the requirement for office use.
Personal Services and Offices: One (1) parking space per three hundred square feet of
gross floor area.
Boynton Commerce Center PID Use List
Page 5
EXHIBIT "C"
Conditions of Approval
Project name: Boynton Commerce Center PID
File number: USAP 04-003
Reference: See Exhibit "B" - Boynton Commerce Center Use List Revision Request
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Submit a revised traffic impact statement that indicates the proposed uses and X
their respective building intensities (on Lot 3B in conjunction with NWSP
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
03-009) to ensure equivalent impacts and / or compliance with the Traffic
Performance Standards of Palm Beach Count.
2. The required parking for businesses (on Lot 3B) that are engaged in retail / X
commercial uses such as a dance instruction studio would be calculated on
the entire bay at a retail rate of one (1) parking space per 200 square feet of
gross floor area. Adequate parking will be determined prior to the issuance of
an occupational license.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
3. Condition #2 will be revised as follows: the required parking for businesses X
(on lot 3B) that are engaged in retail/commercial uses such as a dance
instruction studio would be calculated on the entire bay at a retail rate of one
(1) parking space per 200 square feet of gross "ground" floor area only.
Adequate parking will be determined prior to the issuance of an occupational
license.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
4. To be determined.
ELJ
S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce C~Boynton Commerce Ctr, Lot 3B\USAP 04-003 Dance Instmction\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Boynton Commerce Center PID
APPLICANT'S AGENT: Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc.
AGENT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL 33409
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 6, 2004
TYPE OF RELIEF SOUGHT: Request use approval for dance instruction on Lot 3B in the Boynton
Commerce Center PID
LOCATION OF PROPERTY: Boynton Commerce Center PID
DRAWING(S): SEE EXHIBIT "B" A~-I'ACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
... HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:~Ianning\SHARED~WP~PROJECTS~Boynton Commerce Ctr~oynton Commerce Ctr, Lot 3B\USAP 04-003 Dance Instruction\DO.doc
VI.-CONSENT AGENDA
ITEM D.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] 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)
[] Administrative [] Legal c_.
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation c~ .~-~..<
[] Consent Agenda [] Public Hearing "~
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the July 6, 2004 City Commission Agenda under Consent :x:
Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved,
subject to staff comments. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 04-13 6.
EXPLANATION:
PROJECT: New Haitian Alliance Church (SPTE 04-005)
AGENT: Rev. Dieugrand Jacques
OWNER: New Haitian Alliance Church
LOCATION: 440 Hoadley Road
DESCRIPTION: Request for a one (1) year time extension of the site plan approval granted on
June 3, 2003, from June 3, 2004 to June 3, 2005.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: (,~ N/A
Developme~ I~e~art]men~D*tre~tor~x, City Manager's Signature
Planning and Zon~'Director City Attorney / Finance / Human Resources
S:~lanning\SHARED\WP~PROJECTShNew Alliance Haitian ChurchXSPTE'C, genda Rem Request New Alliance Haitian Church SPTE 04-005 7-6-04.dot
S:XBULLET1N~ORMSXAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANN:~NG AND ZONZNG DI¥~SION
MEMORANDUM NO. 04-136
TO: Chairman and Members
Planning and Development Board
THROUGH: Michael W. Rumpf~u~'~'
Planning and Zoning Director
FROM: Maxime Ducoste-A. ~,~.
Planner
DATE: .lune 22, 2004
SUBJECT: New Alliance Haitian Church (SPTE 04-005)
Site Plan -time Extension
NATURE OF REOUEST
Reverend Dieugrand .lacques, agent for property owner, New Alliance Haitian Church is requesting a
one-year time extension, of the site plan approval originally granted on .lune 3, 2003. The subject
property, zoned R1-AA, is comprised of two C2) rectangular shaped lots totaling 1.9 acre on the east
side of Hoadley Road at the southern terminus of the right-of-way. If approved, the request would
extend the expiration date of this site plan approval from .lune 3, 2004 to .lune 3, 2005 (see Exhibit
"A"- Location Map).
BACKGROUND
On .lune 3, 2003, the City Commission granted site plan approval for the New Alliance Haitian Church
project; a development consisting of a 5,146 square foot church with 240 seats on a 1.9-acre parcel
(see Exhibit "B" - Site Plan). The approval was subject to staff comments including roadway
improvements to Hoadley Road needed to support new traffic demand, which this use would
generate. To date, the applicant has submitted to the Building Division a clearing and grubbing
permit application, which was voided in 2002. A new building permit application was submitted on
.lune 1, 2004.
ANALYSIS
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
requirement. The Planning and Zoning Division received the application for a site plan time extension,
on May 4m, 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
Memorandum No 04-136 Page 2
New Nliance Haitian Church SPTE 04-005
applications, and to expire projects that are not proceeding in good faith.
Staff contacted the Palm Beach County Traffic Engineering Division to verify that traffic concurrency
approval is still valid for the project. The original approval letter was dated December 18, 2001
assuming a "Build-out Year" of 2003. Since the traffic concurrency for this project expired in 2003, an
updated traffic concurrency approval is required through Palm Beach County Traffic Engineering
Division. Regarding water and sewer capacity, the applicant has not reserved capacity with the
Utilities Department for the project. This reservation locks in the capacity needed for a specific
development for a year at a time. According to the Utilities Department, the applicant would be
required to pay the reservation cost for last year and the upcoming year, prior to Commission
approval (see Exhibit "C" - Conditions of Approval). 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 requests for time extension
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 additional funds to finance unforeseen
expenses related to plan modifications. The applicant has demonstrated willingness by working
cooperatively with city's staff. The Land Development Regulations allow for one time extension and in
most cases that is adequate.
RECOMMENDATION
Therefore, staff recOmmends that this request for a one-year time extension of site plan approval be
granted with the condition that the applicant obtains traffic concurrency approval to extend the build-
out date accordingly, which would extend project approval from .lune 3, 2004 to .lune 3, 2005. All
conditions of approval that were required by the initial development order must still be satisfactorily
addressed during the building permit process, l~f 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.
S:\Plannlng\SHARED\WP\PRO.1ECTS\New Alliance Haitian Church\SPTE~Staff Report. doc
Location Map EXHIBIT"A"
NEW ALLIANCE HAITIAN GHURCH
PCD 'C3
R3
PCD
$
EXHIBIT "C"
Conditions of Approval
Project name: New Alliance Haitian Church
File number: SPTE 04-005
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. CODE Sec. 26-34(E) requires that a capacity reservation fee be paid for X
this project either upon the request for the Department's signature on the
Health Department application forms or within 30 days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand. As such, the reservation fee is past
due, the developer should pay the past due amount, and an equivalent
amount for the upcoming year prior to City Commission's approval of
this extension. As and alternative to paying the reservation fee, the
developer may pre-pay the full capital facilities charge, as allowed by the
Code.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: X
2. Submit a revised traffic impact statement meeting the Traffic
Performance Standards of Palm Beach County Traffic Division prior to
issuance of a building permit.
PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WPLPROJECTS\New Alliance Haitian Church\SPTE\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: New Alliance Haitian Church
APPLICANT'S AGENT: Rev. Dieugrand Jacques
APPLICANT'S ADDRESS: 534'1 Helene Circle, FL 33487
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3, 2004
TYPE OF RELIEF SOUGHT: Request a one ('1)-year site plan time extension for New Alliance
Haitian Church.
LOCATION OF PROPERTY: 440 Hoadley Road, Boynton Beach
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearin9 on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Plannin§ and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission havin9 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\$HARED\WP\PROJECTS\New Alliance Haitian Church\SPTE\DO.doc
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM F.
AGENDA ITEM REQUEST FORI%
Reque~M City Commission Date Final Form Must be Turned Requea~d City Commission Date Final Fo~m Must I~ Tumid in
Meeting Dates into CiW Clerk's Office Meeting Dates to City Cla'k's Oltie~
[] 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)
[] MaylS, 2004 May 3, 200n (Noon) [] July 20, 2004 July 5, 200n (Noon) CEa c'~--~
%;. o"~
[] Administrative [] Legal ~ ~o
NATURE OF [] Announcement [] New Business ,~o :'3-<
AGEI~AITEM [] City Manager's Report [] Presentation ~ ~
[] Consent Agenda [] Public Hearing ~---r~
[] Code compliance/Legal Settlements [] Unfinished Business r,o ~
RECOMMENDATION:
Authorization to approve payment for an emergency raw water main repair performed by Mora
Engineering Contractors, Inc., Invoice #561 in the amount of $ 26,571.33.
EXPLANATION:
On April 15, 2004, a raw water main leak was detected on Boynton Beach Boulevard, west of
Military Trail in the center of the westbound three-lane roadway. The leaking 24-inch line carries
raw water from the City's west weHfieid, located in the Sun Valley development, to the West
Water Treatment Plant. Procurement Services was notified and instructed the Utilities
Department to proceed on an emergency basis to fix the leak. The Florida Department of
Transportation (FDOT) was requested to and issued an emergency permit required to perform the
repair in their roadway and the City Manager's office was made aware of the emergency
situation.
The Utilities Department contacted two (2) local contractors who have performed satisfactory
work for the City on previous infrastructure projects. Chaz Equipment Company rendered a
written quote of $ :}8,500.00 and Mora Engineering Contractors, Inc. (MEC) confirmed that their
cost for the repairs should not exceed $ 25,000.00 as stated in the attached letters. MEC was asked
to begin the repairs immediately. Couplings stored in the City's warehouse were placed on hold
for the emergency repair.
S:~BULLETINWORMSLttGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
Upon excavation of the 24-inch raw water main, MEC discovered that the depth of the raw water
line was greater than anticipated since Boynton Beach Boulevard had been reconstructed after the
original water main installation. Additionally, the couplings being held at the warehouse were not
the correct size and MEC ordered the couplings and replacement pipe from an outside source.
The use of a special backfill was necessary to fill the excavation site and complete the repairs.
These unforeseen circumstances increased the 'should not exceed' quote from MEC by $1,571.:53.
FISCAL IMPACT:
Funds are available in account 0401-5000-590-96.02 WTR017 for $ 26,571.33.
ALTERNATIVES:
The City's Administrative Policy Manual describes an "Emergency" as a situation involving the
health, welfare, injury, or loss to the City which can only be rectified by immediate purchase of
equipment, supplies, materials, or services.
Any leak in a raw water main threatens the City's potable water system by allowing bacteria to
enter lines connected to the water processing plant. There is no alternative.
~r Dale S. ~
~ Assistant City Manager KC~t~ ~I;e~;rr'
Utilities Department
Department Name City Attorney/Finance/Human Resources
Attachments
bc: Dale S. Sugerman, Assistant City Attorney
Paul Fleming, Sr. Project Manager
Bob Kenyon, Deputy Utilities Director
Procurement Services
Utilities File
S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
Conbo¥, Barb
From: Conboy, Barb
Sent: Thursday, April 15, 2004 4:20 PM
To: Bressner, Kurt
Cc: Kenyon, Bob; Fleming, Paul; Reese, Diane; OeMauro, Dominic; Sugerman, Dale
Subject: Boynton Beach Blvd. Raw Water Main leak
Purpose of the e-mail - to keep you informed.
We have a raw water main leak in Boynton Beach Blvd. (west bound lanes by Sun Valley) west of Military Trail.
The pipe is a 24" pipe and carries raw water from our western wellfield (in the Sun Valley development) to our West Water
Treatment Plant.
The leak is in the roadway. We have contacted Procurement and we are proceeding on an emergency basis to fix the
leak.
The Warehouse has the part we need to repair the leak, they are holding this part for us. (This is assumed until we dig and
uncover the situation.)
We have contacted Chaz Equipment a contractor responsive to our needs. They are calling in for the necessary locations
in the area, and activitating their crews.
We have contacted FDOT for lane closures and they have authorized the lane closures.
The plan is to begin the repair tomorrow morning around 7:00am.
I will keep you updated on the situation.
Barb Conboy
(742-6406)
FROM~:CHA2 E~UIPMENT CO.~ INC. FAX NO. :561~2180 Ap~. 15 200~ 04:29PM P2
Wellington, FL 33414
Phone: ~61-333-2109
Fax: 561-333-2180
PROPOSAL
April 15, 20O4
Mr. Paul Fleming
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
Emergency Repair of 24" Raw Water Transmission Main on Boynton Beach Bird
Scope of Work: approxiamately 200' east of the intersection of Sun Valley East Road. Lump sum price
includes Mobilization, Maintenance of Traffic per DO'I' Standards, Excavation, Repair
of pipe, Backfill and Compaction, Restoration and Patching as required for the repair
per DOT Standards. If the proposal Is approved today 4/tS/~4 Chaz Equipment is
prepared to mobilize and complete the repair on 4/16/04.
Lump Sum Total
Price Excludes: Permits, Materials for actual repair of water main (i.e. repair clamp, pipe, fitting, sleeves),
milling and overlay of street as required by DOT or pigging of main after completion of repair.
Price Include~: Soils density testing, Temporary striping of street markings.
Payment Terms: 'ment due thirty days after receipt of invoice.
/ ,,
Proposed ski, President
Signature of Acceptance Date
MEC inc. Fnora engineering contractors, inc.
CGC 040142
CGC 1504101
CLASS V FIRE
April 16th. 2004
Mr. Paul M. Fleming
City of Boynton Beach
124 E Woolbright Road
Boynton Beach, Florida 33425
Fax: 561.742.6298
ref:City of Boynton Beach 0 RECEIVED ,,
subj.:Emergency ~~R~pair at
Main 80YNTONB Ij S
Boynton Beach Boulevard in the vicinity of Military Trail
Dear Paul:
As discussed earlier today on our telephone conversation, I would like to thank you for giving us the
opportunity to be of service to you.
We have schedule a crew to do the work tomorrow Saturday 17th. and we also have set up support
personnel on standby.
With regard to cost, we will keep a tabulation of materials, equipment and labor, which once all is
completed we will present to you for your consideration. It is our Company Policy, for emergency situations,
to consider only the direct cost incurred, no additional overhead and/or profit will be added to our invoice. The
cost for the schedule work should not exceed $ 25,000.00.
Again, I thanks for your trust, and if there should be anything that I can do, please do not hesitate
to contact me at my cellular telephone 954.275.3065.
Sincerely yours,
MORA ENqlNEERING CONTRACTORS, INC.
¥
President
9660 West Sample Road, #301 · Coral Springs, Florida 33065
954-752- 8065 · Fax 954-345-9268
c~sscscC~C o,o,,2,5o,,o,v F,,E MEC i-c.I mora engineering contractors, inc.
May 26, 2004
Mr. Paul Fleming
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach Blvd, FL 33425-03
RE: Emergency Repair F~ce Main B oynton Beach Blvd (Jog/Military)
Dear Mr. Fleming, ~ Pf~ ~d~~ ~']~]t~
As per our conversation this morning attached please find the invoice and supporting
breakdown. We do have a copy of the material invoices if you need them.
We appreciate the opportunity to work for you and your staff and hope that you will find
everything in order. Any questions please do not hesitate to contact me.
Mora Engiheering Contractors, Inc.
Encl: Invoice # 561, Cost Breakdown
9660 West Sample Road, #301 · Coral Springs, Florida 33065
954-752- 8065 · Fax 954-345-9268
DATE ~ INVOICE
5/26/2004 561
For the following ,s~rvic_e_~: ~ ~'/~ /
Submitted to: ~, .~j~l.~ t..~. ~ v
City of Boynton Beach Emergeng~e M;; ~l~air
Building Division (between Jog and Military)
100 East Boynton Beach Blvd. 4/17/04-4/26/04
P.O. Box 310
Boynton Beach, FL 33425-0310
PROJECT: [ [ MEC
Boynton Beach Emergency Repair
TICKET No./DESCRIPTION DATE QTY RATE UNIT AMOUNT
See Attached Labor, Equipment, Material, and Rentals 4/26/2004 1 26,571.33 LS 26,571.33
relating to the above referenced work.
AMOUNT 3UE
Al1 past due amounts are subject to a 1.5% late fee
charge, invoice due within 15 days of invoice date.
9660 West Sample Road, #301 Coral Springs, FlorMa 33065
954-752- 8065 · Fax 954-345-9268
Labor Class / Equipment Name Hours Ea]~ Total Labor Equipment
Foreman / 321 Operator Kevin Leisy OT 24.00 42.20 1,012.80 1,012.80
Foreman / 321 Operator Kevin Leisy 25.50 28.13 717.32 717.32
321 Excavator 24.00 52.31 1,255.44 1,255.44
321 Excavator 25.50 52.31 1,333.91 1,333.91
Pipelayer Wilson Neris OT 18.00 22.50 405.00 405.00
Pipelayer Wilson Nods 31.00 15.00 465.00 465.00
Tailman Richard Hammonds OT 18.00 20.25 364.50 364.50
Tailman Richard Hammonds 19.00 13.50 256.50 256.50
Laborer Roberto Chavez-Rojo OT 18.00 16.50 297.00 297.00
Laborer Roberto Chavez-Rojo 31.50 11.00 346.50 346.50
Loader Operator Gordon Bierbrauer OT 18.00 22.50 405.00 405.00
Loader Operator Gordon Bierbrauer 31.00 15.00 465.00 465.00
Loader Operator Julio Rodriguez 12.50 10.50 131.25 131.25
928 Loader 18.00 31.57 568.26 568.26
928 Loader 31.00 31.57 978.67 978.67
928 Loader 12.50 31.57 394.63 394.63
Laborer Ruben Neris OT -16.00 13.50 243.00 243.00
Laborer Ruben Neris 31.00 9.00 279.00 279.00
Laborer Al Beers Jr, OT 20,00 16,50 330.00 330,00
Laborer Al Beers Jr. 37.50 11.00 412.50 412.50
Foreman Mario Ruiz 12.50 18.00 225.00 225.00
Roller Operator Fermin Caltzontzin 12.50 11.00 137.50 137.50
Laborer Pablo Susa 12.50 10.75 134.38 134.38
Laborer Jose Penaren 12.50 10.00 125.00 125.00
Sub Totals 6,752.28 4,530.91
Labor Total 6,752.25
Payroll 'Tax Employer Fica (.0765) 516.55
Payroll Tax Employer Futa (.008) 54.02
Payro[t Tax Employer UTC6 (.0073) 49.29
Workman's Comp Burden (Sewer Crew / $16.51 per $100) 1,114.79
Total Labor Cost
Total Equipment Cost
Material, Equipment Rentals, and Other:
Community Asphalt Invoice 20627 940.60
Community Asphalt Invoice 39590 550.38
Community Asphalt Invoice 39479 193.46
Community Asphalt Invoice 39468 367.16
Community Asphalt Invoice 39439 544.89
Community Aspha{t Invoice 20665 590.38
Community Asphalt Invoice 20617 74.98
American Equipment Rental Invoice 73128 114.17
American Equipment Rental Invoice 41091 207.05
Palm Beach Aggregates Invoice 133168 84.04
Palm Beach Aggregates Invoice 133056 200.94
Palm Beach Aggregates Invoice I33061 170.97
Palm Beach Aggregates Invoice 133402 81.45
Service Pump and Compressor Invoice 5679775-001 414.11
Bob's Barricades Invoice G385821 316.94
Bob's Barricades Invoice. G387012 759~49
National Waterworks Invoice 1223357 3,346.04
United Rentals Invoice 40042532-001 179.14
United Rentals Invoice 39945082-001 1,347.51
Davie Concrete 8101-8102 750.00
Allied Trucking Invoice 55381 79.88
Allied Trucking Invoice 55295 468.00
Allied Trucking Invoice 55294 342.00
Allied Trucking Invoice 55604 432.00
Al{ied Trucking invoice 55380 126.00
Allied Trucking Invoice 55960 80.94
Allied Trucking Invoice 55961 396.00
Nutting Engineering of F!odda Invoice 41811 395.00
Total Material, Equipment Rentals, and Other Costs [. 13,553.52 J
Grand Total 26,571.33
VL-CONSENT AGENDA
ITEM G
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] April 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 release of a Cash Surety (Check//449438, City National Bank of Florida) in the amount of $2,750.00
(Two Thousand Seven Hundred Fifty Dollars) for restoration of roadways in conjunction with removal of dredge materials
from Marina Village.
EXPLANATION:
This surety represents the amount required for restoration in the event of roadway damage. All work has been completed and
no restoration is required. No warranty period is required for this surety.
PROGRAM IMPACT:
Not applicable
FISCAL IMPACT:
Not applicable
ALTERNATIVES:
Not applicable
/ ' (,J~ffrey"RfLiverg0od, P.E. - Cit~ Manager's Signature
Public Works/Engineering Division ~
Department Name City Attorney~e / Human Resources
SABULLETINLFORMS',AGENDA ITEM REQUEST FORM.DOC
EXHIBIT "A"
., Page 1 of 5
MARINA VILLAGE
May 25, 2004
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Dear Timothy,
We issued $2,750.00 as security for the clean up of the debris from the dredging of the
Marina. It was received by Ken Hall on February 9, 2004.
Since the debris has since been removed, we are respectfully requesting the return of our
deposit.
If there are any questions or concerns, please do not hesitate to call me.
Sincerely,
The Related Group
Rhonda L. Randall
Project Controller
aR/cs
(zPAF~TMENT OF DEVELOPM[Ni .
743 NE 1st Ave~':~.~:~
Bo~nton Beach, : ',-~da 33435
T561.738.6568
F 561.738.6558
marinavillageboynton corn
Page 3 of 5
DEPARTMENT OF PUBLIC WORKS n..~ ~.-, ,.
ENGINEERING DIVISION
TO: Diane Reese
Finance Dimotor
FROM · H. David Kelley, Jr., PEIPS~~''''-
City Engineer
DATE: February 12, 2004
IRE: MARINA VILLAGE - PERMIT #04-493
RESTORATION SURETY FOR CANAL DREDGING
Attached please find Cashier Check #449438 Issued by City National Bank in the amount of $2,750.00
from TRG-BOYNTON BEACH, LTD. This check represents surety for restoration, If needed, for the
above referenced project, it is to be returned upon satisfactory performance and final site Inspection.
Please deposit in account #001-0000-220-99-00.
HDK/ck
Attachment:. I check ($2,750.00)
Xc: Ken Hall
Engineering Div. File
S:\Englneailni;l~KrlbmMartna Village Restoration Surety for Canal Dredging, Permit ;~4-493,do0
Page 4 of 5
'," ~'"~ *~"I ~"1~'".,,'~ ',~ ~.~'p'~;..~A. .#~l ,a'~ ,m'...I .'3 ~,,,~;l..~,l~l ~p.1,~h'q , ~ ~ ~ ~"~
~ ~0~ ~ Ci~ National Bank
OF FLORIDA
c~-r'y r~- -. ,..,
,, ~
Page 5 of 5
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
TO: Carol Kribs
FROM: Ken Hal~v
DATE: February 11, 2004
RE: Cashier's check for 2,750.00 representing surety for the marina village canal dredging
. Permit 04-4~ '~cl,.r3 , , , ,
Please forward the attached, subject check to finance for safekeeping. Thanks.
C: Dave Kelley
.l :\SHRDATA\Engineering\Engineering Div. Memorandum new logo.doc
VL-CONSENT AGENDA
ITEM H.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOI ,
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:::> ~rn
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
Motion to approve full release of surety covering the water and sewer systems for the project
known as Tuscany on the Intracoastal (fka Bay Vista) and returning Letter of Credit no. LC870-
132291 from Wachovia Bank to the developer.
EXPLANATION:
The water and sewer systems serving this project have been completed, all documentation has
been provided and the system is operating satisfactorily. The letter of credit may now be returned
to the developer.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None.
~. Depar~ent Head's Signature City Manager's Signature
UTILITIES ~
Department Name City Attorney / Finance / Human Resources
XC: Dale Sugerman (w/copy of attachments)
Peter Mazzella "
Barbara Conboy "
MaD' Munro, Finance Dept.
File "
S:",.BULLETIN',~ORMSx~AGENDA ITEM REQUEST FORM.DOC
WACHOVIA
INTERNATIONAL OPERATIONS
40! LINDEN STREET
Irrevocable Standby Letter of Credit No.: L6870-132291 WINSTON-SALEM. NC 2710~
DeCember 19, 2001
Beneficiary: Applicant:
City of BoYnton Beach Tuscany Intracoastal, Ltd.
100 .East Boynton Beach Blvd. 2201 Corporate Blvd., NW, #200
Boynton Beach, FL 33435 Boca Raton, FL 3343 t
Amount: USD $187,142.00
Exactly One Hundred Eighty Seven
Thousand One Hundred Forty Two
Dollars and 00/100's Only U.S. Dollars
Date of EXpiry: December 15, 2002
Or any future extended expiry as
PrOvided herein.
Place of Expiry: At our counters for
Payment.
Gentlemen:
We hereby:open our clean. Irrevocable Letter of Credit No. LC870-132291 in favor of
The City of Boynton Beach ( C.~ty ) for the initial amount of One Hundred Eighty Seven
Thousand one Htmdred Forty TWO UkS DOllars ($187,142.00) effective as of this date.
~s leper Of:Credit is is:sued:pursqan~ t0'those certain approVed plans for construction of
required W[ater md s~System H;~i~.,..: permit Nos. 13827i-t 15DSGP and 138271.
116.-DWC: ~teafter,. ;!i'APpr0Ved l~ennit"!g: ) between Tuscany tntraooastal; LTD as
developei}.and: the CityOfBoynm. n:Beach;..FlOrida to devel°P a subdi~i:°n tobe known
as Tu~any 0n the IntramaSt~ (h~eafter, :;"Subdivision,,) and. to c°nstmct and i~l the
_reqmr~:.lm~ements purs'-~.nt it0 the terms 6f~e permit and apProVed'plans. This
Letter' of Credit~!however; is ~dependent of said'approved permit and referenee is f°r
'information OnlY;
It is aconditi~ of this'Letter :of C~edit that :it shall be deemed aUtomaticallY extended
without: ~?ndment for One year periods from the expiration date -here°f,' or any future
exPimtiori date tm_less atleast Six~ (60)days prior to anY eXpkati0n date we ShMl:notify
yO~::bY:COuri~ at:the address indi aied :abOVe., :unless a chan~e of address is Otherwise
notifi~ by:y0u-toi:~:in ~g, that We.elect notto consider this Lettei :'of cre~t renewed
forany:SUChaddifi0nakpefi:rdi: i: : ': : :::
INTERNATIONAL OPERATIONS
401 LINDEN STREET
WINSTON-SALEM, NC 27101
Irrevocable Standby Letter of Credit No.: LC870-132291 Page 2
This initial amOUnt of funds avai'.lable Under this credit and stated above may be reduced
by the City of Boynton :BeaCh Utilitys Director, as authorized agent of the City of
Boynton Beach, in accordance with the requirements of the subdivision and required
improvements regulations. We hereby agree that such reduction shall not 'be effective
until we have famished a written ~amendment :to this Letter of Credit. SUch arfiendment
shall reference this Letter of Credit as well as the H.R.S. Permit Number and Subdivision
name, as set herein and the new amount.
FUnds under this Letter of Credit are available to the City hereunder not exceeding in
aggregate the amount of this credit (as :said amount may be amended from time to time
pursuant to the above paragraph) against the City's demand by its authorized agent
named above, for Payment on:us mentioning our Credit No. LC870-132291.
All drafts drawn: under this credit must be marked "DraWn under Wachovia Bank, N:A.
Letter of Credit No. LC870,132291 ."
This credit is subject to and governed by the laws of the State of Florida and the 1993
revisiOn of the Uniform Customs and Practice for Documentary Credits of the
International Chamber of Commeme (Publication No:, 500): and, in:the event of any
conflict, the laws o.f the :State of Florida will control.
This :original Letter of credit and all amendments thereto mUSt be submitted to us
together: wi~ any :drawingS. hereunder for our endorsement of any payment effected by us
and/or for cancellation.
We engage with you that each :draft under and in compliance with the terms of this credit
will be duly honored if presented at this office on or before DeCember 15, 2-002 or any
automaticallY extended date
Very truly yours,
Wachovia bank, N.A.
Authorized Signature
Please direct any eorrespondence including drawing or inquiry quoting our reference
number to:
WaChovia Bank, N.A.
401 Linden Street:
winst°n~satem, NC 27101
Attn: StandbY Letter of Credit unit
This document consists of two {2) pages
GENERAL PROJECT INFORMATION Te~ep #: ]651-241-6455
Development Name: II'ay Visi~al~a~-ru~any on the Intracoastal Street #:
Agent: i'Jim'~lah'a~n;h, P:E. ' .... street Name: IFed Hwy & SE 23rd Ave
Location: t Type of Units: IApts Total Units: ! 286
Number Units to be Built:. ~ 0
In Quantum Park?: 1 No
Actual Flow water:. ~ 0
Lift station number ~509 South
Actual Flow sewe~. J 0
RESERVATION FEE INFORMATION
Payment Amount: ]' $39,639.60 Site Plan Approval Date
Payment Date: ~ Notes: 14ii2/0~:A~cliti0~;i $6,3~0.i6, ~;sv. f-e; f0~: 31 2;;met~
ladded to plan. PE will contact owner. 5/21/01-Additional
Expiration Date: j 11/27/2001 !$6,320.16 pd 5/18/01.
SURE~'Y AND INSPECTION FEE INFORMA ]'ION
I.specaon F.~: J $2,722.06
Lelter of Credit: jLC870-132291 Date Paid:
Surety amount: i ...... $187,142.00
Televising Fee: J $2,112.25 ....
Notes on surety: IComerica Bank LOC no. 562451-04 in the
amount of $338,580.00 for EXCAVATION Date Pd:
I
~AND FILL accepted by CC on 12/19/00.
IResolution was not written properly -
Value of water: I $116,742.00 Value of sewer-. ~ $53,387.00
Surety Reduction amount: J $177,792,00
Dm of r.d.c,o.: I~ 1/19/2002 .~,.c. of au.,~y: ! $9.350.00Do~m~m r.~,ed: 19/10/02-B,. of Sa~e &
! Easement. 10/07/02- W/SS Final Walk
Lettsr of credit expira~on date: j- 12/15/2003 !Thru'
I
Da. of ~l ~-~.~: ~ s...y r~.. d. dm: ~
PERMITTING INFORMATION
Date HRS applications sir.d:
DSI~ of Preston meeting:
Date HRS Water permit i~med: I 2/6/2001 Dat~ HRS Sew~ perm~ ismmd: ~ 2/6/2001
Date{s) sewer ¢e~#tcat~ appl~ed: partial release
phase I only.
Date(s) water ~ al~rC~d: !12/20/01 full release for
I Const. Water only.
~) of HRS release-sewer: ~'~';~/21/01-Parti'~'l '
lrelease. 5/31/02-
Date{s)of HR$ release-water:. 6/14/01- Partial- ~HRS-elect-partial
Construction water ~rel.-limited to MHs
only. 12/21/01- ~1,3,4,&5
Release- Full Extent.
Jw/inferr~nnn~f
8/5/02-Full Syst Rel.
Notes on Project: i1~/2'%1-S/S-partial re~{-mai~s between Mils 5-8
l and exist MH@ US #1 and companion water.
VI.-CONSENT AGENDA
ITE ,I I.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR .
Requested City Commission Date Final Form Must be Turned Requested Cit),. 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)
[] May18,2004 May 3, 2004 (Noon) [] July20,2004 JulyS. 2004(Noon)
[] Administrative [] Legal ~ ~:,v_<
NATURE OF [] Announcement [] New Business
AGENDA ITEM [] City Manager's Report [] Presentation -~.
[] Consent Agenda [] Public Hearing co ~ rn
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
Motion to approve full release of surety covering the water and sewer systems for the project
known as Villas at Cypress Creek and returning the cash surety in the amount of $1,333.15 to the
developer.
EXPLANATION:
The water and sewer systems serving this project have been completed, all documentation has
been provided and the system is operating satisfactorily. The cash surety may now be refunded to
the developer.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None.
~ Departn~ead' eS_~/gnatur; re
UTILITIES
Department Name City Attorney / Finance / Human Resources
XC: Dale Sugerman (w/copy of attachments)
Peter Mazzella "
Barbara Conboy "
Mary Munro, Finance Dept.
File
S:',BULLETIN',,FORMS',AGENDA ITEM REQUEST FORM.DOC
DIRECT PAYMENT REQUISITION
Please issue a check in the amount of $ 1,333.15
To: R.J. Consulting
Management & Marketing Inc.
9185 Perth Road
Lake Worth, FL 33467
For: Full release of cash surer7 for the project known as Villas at Cypress Creek
Commission Approval:
Requested by Peter V. Mazzella, Deputy Utilities Director ~/~ Date June 10, 2004
Approvals:
~ 401 0000 220 99 00 1,333.15
Finance Dept.
City Manager
$1,333.15
MEMORANDUM
UTILITIES DEPARTMENT
TO: Diane Reese, Finance Director
FROM: Peter V. Mazzell'~a, Deputy Utilities Director
DATE:
SUBJECT: Surety/Fee transmittal -
LETTER OF CREDIT:
Bank - Amount $
CASH BOND
Check no. 3~,2z Amount $ /.
ADMIN.flNSPECTION FEE:
Check no. Amount Water $
Amount Sewer $
Total $
SEWER TELEVISING FEE:
(~ $1.75/L.F.)
Check no. Amount $
Based on L.F.
COST DOCUMENTATION:
Engineer's Estimate
Copy of Contract
Other
Please refer any questions on this matter to Peter Mazzella of this office.
Attachment
PVM
bc: Peter Mazzella
xc: File
V]'.-CONSENT AGENDA
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City. Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to CiVs' Clerk's Office
[] April 6, 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)
[] May4.2004 April l9, 2004 (Noon) [] July6.2004 June l4, 2004 (Noon) L ~-~"<
[] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) ~
-- '"fl
[] Administrative [] Legal ~ cv
NATURE OF [] Announcement [] New Business ~
AGENDA ITEM [] City Manager's Report [] Presentation c:~ r~c~~
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION:
Motion to approve full release of surety covering the water and sewer systems for the project
known as Stor-Ali on Knuth Road and returning the cash surety in the amount of $1,653.65 to the
developer.
EXPLANATION:
The water and sewer systems serving this project have been completed, all documentation has
been provided and the system is operating satisfactorily. The cash surety may now be refunded to
the developer.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None; ~~_
k Depar~nt He~d~ Signature / - City Manager's ~gnabare
UTILITIES ~
Department Name City Attorney / Finance / Human Resources
XC: Dale Sugcrman (w/copy of attachments)
Peter Mazzella "
Barbara Conboy "
Mary Munro, Finance Dept.
File "
S:\BULLETIN',FORMS',~GENDA ITEM REQUEST FORM.DOC
DIRECT PAYMENT REQUISITION
Please issue a check in the amount of $ 1,653.65
To: Stor-AII Knuth Road
1375 W. Hillsboro Blvd.
Deerfield Beach, FL 33442
For: Full release of cash surety for the project known as Stor-AII
Commission Approval:
Requested by Peter V. Mazzella, Deputy Utilities Director ~ Date June 10, 2004
Approvals:
40~ 0000 220 O0 O0 ~,653.65
Finance Dept.
City Manager
$1,653.65
MEMORANDUM
UTILITIES DEPARTMENT
TO: Di~ R~eese, Finance Director
FROM: ~ John A. Guidry, Utilities Director
DATE: .5' ~a Z ~ I
SUBJECT: Surety/Fee transmittal - .~ 7't~ ,~-,q~-t-. ~',~,~'ht ~ o
18 r~' la~. Ht~t.~ D~ ~v'~.
LETTER OF C~DIT:
B~- Amour
CASH BO~:
Check no.
~~./~SPECTION FEE: ~ount Water
Check no. ~Ount Sewer
Total
SE~R TELE~S~G FEE:
(~ $1.75~.F.)
Check no. ~o~t$~
Based on ~ L.F.
COST DOCUMENTATION:
Engineer'S Estimate
Copy of Contract
Other
Please refer any questions on this matter to Pete Mazzella of this office.
Attachment
JAG/PVM
Bc: Peter Mazzella
Xc: Jo Jahnke
File
D~rfietd Beach, FL 33~2 ~ ~o. 6 8 8 0
- ' "'~ :-~ ~: ?: "::'-::' ::'~ '-;:'.Stor-All M~agement, Ltd.
PAY~LE C~CK
~ ONE THOUS~ SIX H~RED FIETY THREE ~ 65/100 DOL~S
To Che Ci~ of Boynton Bch Utilities ~~
Order of Dep~ent
P.O. Box 190 '~
Boston Beach, FL 33425~190 ~s ~o~n ~ ~0 ,,
LIt-L.. b. ,-'l¢ldLL ~; ,"'~HI*I I'1, ~..~L, IflUI~HM Hb::3L)t_,. I~L). 12D/-I- h'. ,"'?,'"
.... MICHAEL B. SCHORAH & ASSOCI~:TES, iNC. PROJ. ECT: Stor-AII · Knuth Road
1850 FOREST HILL BLVD,, SUITE 206
WEST PALM BEACH, FL 33406 JOB NO.: 98-938
(561)968-0080 BY: $.A,V, DATE: 1115101
EB 1/2438 CHECKED BY:
SHEET NO'. 1 OF I
SUBJECT; OPINION OF COST - WATER REVISEO:
6" D.I,P~'~ater Main 1,081 L,F. $18.00 $19,098.00
8" Gate Valve 5 EACH $615.00 $3,075.00
6"'D.I.P. Water Main 80 L.F. $13.50 $1,(180~00
~-'~- Gate Valve 2 EACH $450.00 $900.00
Fire Hydrant Assembly .._ 3 EACH $1,800.00 $S,400.00
Blowotf Assembly I EACH $500.00 $500,00
1"--Service wlRPZ Backflow Preventor 1 EACH $500.00 $500,00
6" ~"VC Schedule 40 Sewer Service " 1~5 L.F. $12.00 $2,220.00
Cleanouts .... 3 EACH $100.00 $300.00
.C;'..-.:':'.:':., '!¥;; ' ; :-;;;,;;; ;:;:;;;:;;: ' :.,;;;; ::::.:: ::::: :;'.: ¥~`:~:`~:~;~:;:~:~:¥:~:~:¥:~;~:~:~:~"¥~:~:..:~:~¥`~¥~:.:~;~:~`~?~¥~:~:~:~'~;~;-~"~.`:~::~:~¥~¥~:¥~".;~;¥:¥~.~¥~¥
,/
938.XLS 11/9/01
VL-CONSENT AGENDA
ITEM K.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOI I
Requested CiW Commission Date Final Form Must be Turned Requested CiD' Commission Date Final Form Mast be Turned
Meeting Dates in to CiW 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 ~oon) ~ July 6~ 2004 June 14, 2004 ~oon) ~
May 18, 2004 May 3~ 2004 ~oon) ~ July 20~ 2004 July ~, 2004 ~n) ~
~ A~inis~ative ~ Legal ~
NATURE OF ~ A~ouncement ~ New Bus.ess
AGENDA ITEM ~ CiW Manager's Repoff ~ Presentation
~ Consent Agenda ~ Public Hear~g
~ Code compliance/Legal Se~lements ~ Unfinished Bushess
RECOMMENDATION: Motion to approve Travelers Casualty and Surety Company of America bond, replacing the
existing Hanover Insurance Company Bond.
EXPLANATION: The bonds are required in order to provide the City with assurance that there will be funds
available to repair any damage caused by a cable television provider to the City's rights of way, in the event the cable
television provider does not repair the damage.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Department Head's Signature ignamre
Department Name City Attorney / Finance / Human Resources
S:'~BULLETIN\FORMS'~AGENDA ITEM REQUEST FORM.DOC
Bressner, Kurt
From: Bressner, Kurt
Sent: Wednesday, June 16, 2004 3:39 PM
To: Ramsey, Mary
Cc: Costello, Joyce
Subject: Adelphia Surety Bonds
Mary,
Received your memo regarding legal sufficiency of the revised surety bonds. I assume the action needed is for the City
Commission to accept then by either motion or resolution via Consent Agenda. I will drop off the packet to you with the
request that Legal prepare the needed agenda coversheet. Please also alert the City Clerk's Office if this is a go for the
7/6/04 agenda.
Thanks,
Kurt
CITY OF BOYNTON BEACH
City Attorney's Office
Memorandum ~ ...... ~ --~ .......... ~
TO: Kurt Bressner, City Manager/~
/1/v
FROM: Mary Ramsey, Legal Secretar~_~_
DATE: June 8, 2004
RE: Adelphia - Surety Bonds
David Tolces has reviewed and approved for legal sufficiency the attached replacement
Surety Bonds. This issue may now be brought before the Commission for approval.
Should you have any questions, please do not hesitate to contact our office.
/mr
Attachment (original bonds)
cc: Diane Reese, Finance Director
C_/' Aon Commercial Surety Services
.A,~-cc One Liberty Place
0
~ h4 ~/ Philadelphia, PA 19103
SUBJECT: Adelphia Letter dated 4/16/04 - Filing of new surety bond
In accordance with the letter sent to you on or about April 16~, 2004 from our client, Adelphia,
we hereby submit for filing the attached Travelers Casualty and Surety Company of America
bond. This bond replaces and exonerates the existing Hanover Insurance Company bond
currently on file.
Also enclosed, please find a release document which requires an acceptance signature. Please
returned the signed document to Aon at your earliest convenience; a self-addressed envelope has
been included for your use.
If a bond is no longer required, please also return the original Travelers Casualty and Surety
Company of America bond in the enclosed envelope with the signed release.
Thank you in advance for your prompt attention to this matter. If you should have any questions
or ifI may be of further assistance, please do not hesitate to call me at 215-255-1721.
Sincerely,
Aon Commercial Surety Services
Mary C. O'Leary
Director, Surety Operations
Aon Surety
Fax: 215-255-1978
SURETY BOND RELEASE TO
THE HANOVER INSURANCE COMPANY
WHEREAS, The Hanover Insurance Company ("Hanover"), as surety, issued Bond No. 1678922,
dated 1/1/2001, on behalf ofADELPHIA CABLEVISION OF WEST PALM BEACH, LLC, as principal,
in favor of CITY OF BOYNTON BEACH, as obligee CObligee"), in the current amount of $15,000 (said
bond as same may have been thereafter amended by rider or otherwise hereinafter referred to as the
"Existing Bond"); and
WHEREAS, Obligee has accepted a bond issued by another surety in replacement of the Existing
Bond; or, upon expiration of the Existing Bond, has accepted a new bond issued by another surety; or has
other~vise determined that it no longer desires to retain any rights or protections under the Existing Bond;
and
NOW, THEREFORE, Obligee hereby releases and forever discharges, Hanover, its affiliates,
subsidiaries, successors and assigns, as surety, of any and all claims, demands and liabilities of any kind
or nature whatsoever, in law or in equity, whether known or unknown, contingent or liquidated, monetary
or otherwise, and no matter when accruing, which Obligee ever had, now has or which it or its successors
or assigns hereafter can, shall or may have under the Existing Bond and/or arising out of or related to the
agreements or obligations referred to in the Existing Bond.
Obligee waives any notice of cancellation, termination or other notice of any kind, whether set
forth in the Existing Bond, under statute or regulation, or otherwise. By signing below, the individual
executing this Release on behalf of Obligee represents and warrants that he/she is duly authorized by the
Obligee to bind Obligee to all of the terms and conditions of this Surety Bond Release.
DATED this __ day of ,2004. CITY OF BOYNTON BEACH
By:
Name:
Title:
STATE of )
) SS.
COUNTY of )
On this __ day of ,2004, before me personally appeared ,
who is known to me, and acknowledged before me on this day, that being informed of the contents of the
foregoing Surety Bond Release, that he/she executed said instrument voluntarily, and that he/she is duly
authorized to execute said instrument on behalf of Obligee.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my OFFICIAL SEAL the day and
year first above written.
(NOT,mY SEAL)
(Signature of Notary Public)
Notary Public, residing at
My commission expires
FRANCHISE BOND Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
Bond Number 104310695
KNOW ALL MEN BY THESE PRESENTS, That, we, ADELPHIA CABLEVISION OF WEST PALM BEACH, LLC
as Principal, and Travelers Casualty and Surety Company of America, a corporation of the State of Connecticut, as Surety, are helc~
and firmly bound unto CITY OF BOYNTON BEACH, 120 East Boynton Beach Blvd. Boynton Beach, FL 33435 , as Obligee,
in the sum of Fifteen Thousand and 00/100 Dollars, ($. 15,000.00 ) lawful
money of the United States of America, to be paid unto said Obligee, its successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the above bound Principal has entered into a written agreement dated , with the Obligee, which
grants a Franchise to the Principal for use of its public streets and places to transmit and distribute electrical impulses through an
open line-coaxial antenna system located therein. Principal has agreed to faithfully perform and observe and fulfill all terms and
conditions of said Franchise agreement referred to above and said agreement is hereby made a part of this bond with like force and
effect as if herein set forth in length.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above named Principal, its successors or
assigns, does and shall well and truly observe, perform and fulfill its obligation as set forth in the above mentioned Franchise
agreement, for which a bond must be posted, then the above obligation to be void; otherwise to remain in full force and effect.
The bond is subject, however, to the following express conditions:
FIRST: That in the event of a default on the part of the Principal, its successors or assigns, a written statement of such default with
full details thereof shall be given to Surety promptly, and in any event, within thirty (30) days after the Obligee shall learn of such
default, such notice to be delivered to Surety at its Home Office in Hartford, Connecticut by registered mail.
SECOND: That no claim, suit or action under this bond by reason of any such default shall be brought against Surety unless
asserted or commenced within (12) twelve months after the effective date of any termination or cancellation of this bond.
THIRD: That this bond may be terminated or canceled by Surety by 30 days prior notice in writing to Principal and to Obligee, such
notice to be given by certified mail. Such termination or cancellation shall not affect any liability incurred or accrued under this bond
prior to the effective date of such termination or cancellation. The liability of the Surety shall be limited to the amount set forth above
and is not cumulative.
FOURTH: That no right of action shall accrue under this bond to or for the use of any person other than the Obligee, and its
successors and assigns.
FIFTH: That this bond replaces Hanover Bond # 1678922 , including all past, present & future liability. Having accepted
this bond, the Obligee hereby releases and forever discharges the Hanover Insurance Company, its affiliates, successors
and assigns, as surety, of any and all liability and/or obligation under Bond # 1678922 that the Obligee has
now or may obtain in the future on any claim it has asserted in the past or may in the future assert under said bond,
whether said claim be known or unknown, whether monetary or otherwise, and whether under contract or otherwise.
IN WITNESS WHEREOF, the above bound Principal and the above bound Surety have hereunto set their hands and seals on the
24th day of June , 200.~_.~_4.
ADELPHIA CABLEVlSION OF WEST PALM BEACH, LLC
By: ~
Christine Morris, Vice President and Treasurer
Travelers Casualty and Surety Company of America
Susan A. Welsh , Attorney-in-Fact
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
PO'WER OF ~TTORNEY AND CERTIHCATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporatiOns duly organized under the laws of the State of Connecticut, and having their principal offices in the City .of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and app6inted, and do by these
presems make, constitute and appoint: Thomas J. Joslin, Karen Daniel, Kathleen J. Mailes, Linda Iser, Sandra Martinez, Susan
A. Welsh, Susan J. Preiksa, Geoffrey E. Heekin, Marcia K. Cesafsky, Daniel R. Smith, Patrieia M. Doyle, of Chicago /
Glenview, Illinois, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, the followinginstrument(s): by his/her sole signature and act, any and all bonds,
recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaldng
and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same wer~ signed
by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are
hereby ratified and confu-med. ,
This appointment is made under and by authority of the folio. Wing Standing Resolutions of said Companies, which Resolutions are now
in full force and effect: '.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second ViCe President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may apgoint Attorneys-in-Fact and
Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the riature
of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee
and revoke the power given him or her.
vOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in
writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in thc nature ora bond, recognizance, or conditional undertaking
shall be valid and binding upon thc Company when (a) signed by thc President, any Vice Chairman, any Executive Vice President, any Senior Vice
President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any, Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile '(mechanical or printed)under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affLxed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(11-00 Standard)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their Corporate seals to be hereto aWL, ced this 10th day of December, 2003.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
} SS. Hartford
FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
' $~i~r ¥ic~ Pr~id~nl
On this 10th day of December, 2003 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY .COMPANY, the
corporations described in and which executed the above insmunent; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
' authority of bls/her office under the Standing Resolutions thereof.
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE x
i, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the.Boards of Directors, as set forth
in the Certificate of Authority, are now in force. '
Signed and Sealed at'the Home Office of the Company, in the City of Hartford, Sta~e of Connecticut. Dated this 24TH day of
JUlqE ,20 04
'eec
Keri M. Johan$on
Assistant Secretary, Bond
ATTACHMEN:T TO SURETY BOND
Attachment A
Christine Morris has signed the foregoing bond in her capacity as
Vice President and Treasurer of the corpo_rate entity.holding an
ownership interest in the principal.
Travelers
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused
by certain acts of international terrorism. We are providing you with
this notice to inform you of the key features of the Act, and to let
you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for
certain losses caused by international acts of terrorism as defined
in the Act. The Act further provides that the Federal Government
will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of Travelers'
statutorily established deductible for that year. The Act also caps
the amount of terrorism-related losses for which the Federal
Government or an insurer can be responsible at
$100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or
bond beir~g quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMP/kNY
Hartford, Co~inecticut 06183-9062
POWER OF ~TTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY:
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City .of Hartford,.
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and app6inted, and do I~y these
presents make, constitute and appoint: Thomas J. Joslin, Karen Daniel, Kathleen J. Mailes, Linda Iser, Sandra Martinez, Susan
A. Welsh, Susan J. Preiksa, Geoffrey E. Heekin, Marcia K. Cesafsky, Daniel R. Smith, Patricia M. Doyle, of Chicago /
Glenview, Illinois, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferr.ed to sign, execute and
acknowledge, at any place within the United States, the following.instrument(s): by his/her sole signature and act, any and all bonds,
recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking
and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same wer~ signed
by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are
hereby ratified and confuxned. ,
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now
in full force and effect: ',
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may apgoint Attorneys-in-Fact and
Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indenmity, and other writings obligatory in the rtature
of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee
and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in
writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice
President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any, Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or Co) duly executed (under seal, if required) by
one or more Attorneys-in-Fact and Agents pursuant to the power preset/bed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation Of authority.
This Power of Attorney and Certificate of Authority is signed and. sealed by facsimile '(mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified b y such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(11-0o Standard)
VI.-CONSENT AGENDA
ITEM L.
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FOkM
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 Ma)/17, 2004 (Noon}
[] April 20, 2004 Apdl 5, 2004 (Noon} [] June 15, 2004 Ma), 31, 2004 (Noon}
[] Ma), 4, 2004 April 19, 2004 (Noon) [] Jul), 6, 2004 June 14, 2004 (Noon)
[] May 18, 2004 May' 3, 2004 (Noon) [] July 20, 2004 Ju~y 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business
AGENDAITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
Code compliance/Legal
[] Settlements [] Unfinished Business
RECOMMENDATION: Staff recommends the reduction of liens on the property identified as Lot 20,
Block 25, Rolling Green Ridge, 1st Addition, PCN 08 43 45 16 01 025 0200. This property currently has Code
Enforcement Liens totaling $54,000 and Lot Mowing fees in the amount of $3,542.06.
The property, is currently owned by the Boynton Beach Faith Based Community Development Corp, is currently in
compliance.
EXPLANATION: This property was previously deeded to the City of Boynton Beach by Palm Beach County who
took ownership as a result of delinquent taxes. The established procedure has been to convey title of buildable
lots to local nonprofits such as Habitat for Humanity, the Boynton Beach Faith Based Community Development
Corporation, or directly to the approved owner. A title search on behalf of a perspective homeowner revealed that
three previous owners had incurred assessments that had not been paid to the city.
This property has been selected by a potential homeowner who has been qualified by Republic Bank for a
construction mortgage.
PROGRAM IMPACT: A newly constructed dwelling valued at $147,000.00
FISCAL IMPACT: The city currently receives no taxation from this property, therefore this would be an increase to
the tax base
DepartmL-~t I--le a d ~s"S i g-n a t L~b Signature
Department of Development
Community Improvement Division
Department Name City Attorney / Finance / Human Resources
S:\Community Improvement~Agenda Requests~004\CC7-20-04Release of Liens BBFBCDC.doc
SATISFACTION OF SPECIAL MUNICIPAL ASSESSMENT
The undersigned Clerk of the City of Boynton Beach, Florida hereby certifies that
special assessment lien imposed by the City of Boynton Beach, Florida, against
property hereinafter described, pursuant to Resolution #R84-W dated 03/20~84
a certified copy of which has been recorded in Official Record Book #4196, Page
#981 through #985 of the Public Records of Palm Beach County, Florida, has
been SATISFIED IN FULL,
LIEN #84-15 PROPERTY LOCATION
ROLLING GREEN RIDGE IsT ADDITION
PC #08-43-45-16-01-025-0200
BLOCK 25, LOT 20
OWNER OF RECORD AT TIME OF LIEN: TAX DEED CORP., CIO J. BURSTYN
DATED THIS 21sT DAY OF JUNE 2004.
CTY~.OF ~OYNTON BEACH,
JANET ~. PRAINITO,'CM~, CITY
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly authorized to
take acknowledgements personally appeared, Janet M. Prainito, City Clerk of
The City of Boynton Beach, Florida, to me known to be the person described in
and who executed the foregoing instrument and she acknowledged before me
that she executed same.
WITNESS my hand and official seal in the County and State last aforesaid this
21s'r day of June 2004.
NOTAR'~ PUBLIC
State of Florida at Large
My commission expires:
This instrument was prepared by and return to:
Janet M. Prainito, CMC, City Clerk
City of Boynton Beach I ...... ~'~'~17'6'6'G.?~
P. O. Box 310 :
Boynton Beach, FL 33435
S:\CC\WP\PBC recording\sat of lien R84-W.doc
SATISFIED SPECIAL MUNICIPAL ASSESSMENT
The undersigned Clerk of the City of Boynton Beach, Florida hereby certifies that special
assessment lien imposed by the City of Boynton Beach, Florida, against property
hereinafter described, pursuant to Resolution #84-AAAA dated NOVEMBER 71 1984 a
certified copy of which has been recorded in Official Record Book #4403 Page #1353
through #1355 of the Public Records of Palm Beach County, Florida, has been
SATISFIED IN FULL.
LIEN #84-44 PROPERTY LOCATION
ROLLING GREEN RIDGE 1ST ADDITION
PC #08-43-45-16-01-025-0200
BLOCK 25, LOT 20
OWNER OF RECORD AT TIME OF LIEN: HARRY & DORA SCHEER
DATED THIS 21sT DAY OF JUNE 2004.
~J . ?..-L
JANET M. PRAINITO,
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly authorized to take
acknowledgements personally appeared, Janet M. Prainito, CMC, City Clerk of The City
of Boynton Beach, Florida, to me known to be the person described in and who
executed the foregoing instrument and she acknowledged before me that she executed
same.
WITNESS my hand and official seal in the County and State last aforesaid this 21s'r DAY
OF JUNE 2004.
NOTARY PUBLIC
State of Florida at Large
My commission expires:
This instrument was prepared by and return to:
Janet M. Prainito, CMC, City Clerk
City of Boynton Beach
P. O. Box 310 --~ --, ..........
Boynton Beach, FL 33435 J JJe~ cOu. ii~- -:--'-1
I t
S:\CC\WP\PBC recording\SAT OF LIEN 84-AAAA.doc
SATISFACTION OF SPECIAL MUNICIPAL ASSESSMENT
The undersigned Clerk of the City of Boynton Beach, Florida hereby certifies that special
assessment lien imposed by the City of Boynton Beach, Florida, against property hereinafter
described, pursuant to Resolution #R91-97 dated 07/23/91 a certified copy of which has
been recorded in Official Record Book #6899, Page #1806 through #1809 of the Public
Records of Palm Beach County, Florida, has been SATISFIED IN FULL.
,LIEN #91-09 PROPERTY LOCATION
~ROLLING GREEN RIDGE IsT ADDITION
IPC #08-43-45-16-01-025-0200
iBLOCK 25, LOT 20
OWNER OF RECORD AT TIME OF LIEN: JOEL ISRAEL
iDATED 21s~ DAY OF JUNE 2004.
C~..TY OF BOYNTON BEACH,
JANET M. PRAINITO, CM(
~STATE OF FLORIDA
COUNTY OF PALM BEACH
HEREBY CERTIFY that on this day before me, an officer duly authorized to take
~cknowledgements personally appeared, Janet M. Prainito, City Clerk of The City of Boynton
3each, Florida, to me known to be the person described in and who executed the foregoing
~strument and she acknowledged before me that she executed same.
~/VlTNESS my hand and official the County last aforesaid this day of
seal
in
and
State
21sT
~une 2004.
NOTARY PUBLIC
State of Florida at Large
My commission expires:
r'his instrument was prepared by and return to:
Janet M. Prainito, CMC, City Clerk
City of Boynton Beach
P. O. Box310, Boynton Beach, FL 33435
-,,,,~' F~onda
:\shrdata\cc\wp\pbc recording\sat of lien r91-97.doc
SATISFACTION OF SPECIAL MUNICIPAL ASSESSMENT
The undersigned Clerk of the City of Boynton Beach, Florida hereby certifies that special
assessment lien imposed by the City of Boynton Beach, Florida, against property
hereinafter described, pursuant to Resolution #R92-70 dated 05/5/92_a certified copy of
which has been recorded in Official Record Book #7296, Page #1177through #1181 of the
Public Records of Palm Beach County, Florida, has been SATISFIED IN FULL,
LIEN #92-07 PROPERTY LOCATION
ROLLING GREEN RIDGE IsT ADDITION
PC #08-43-45-16-01-025-0200
BLOCK 25, LOT 20
OWNER OF RECORD AT TIME OF LIEN: TAX DEED CORP, C/O J. BURSTYN
DATED THIS 21s? DAY OF JUNE, 2004.
C OF BQYNTON BEACH, FLORIDA
JANET PRAINITO, CMC,
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly autl take
acknowledgements personally appeared, Janet Prainito, City Clerk of The City of Boynton
Beach, Florida, to me known to be the person described in and who executed the foregoing
instrument and she acknowledged before me that she executed same.
WITNESS my hand and official seal in the County and State last aforesaid this 21 ST day of
June 2004.
NOTARY PUBLIC
State of Florida at Large
My commission expires:
This instrument was prepared by and return to:
Janet Prainito, Deputy City Clerk
City of Boynton Beach
P. O. Box 310, Boynton Beach, FL 33435
j:\shrdata\cc\wp~pbc recording\sat of lien r92-70 jp.doc
SATISFACTION OF SPECIAL MUNICIPAL ASSESSMENT
The undersigned Clerk of the City of Boynton Beach, Florida hereby certifies that special
assessment lien imposed by the City of Boynton Beach, Florida, against property hereinafter
described, pursuant to Resolution #R92-72 dated 05/5/92 a certified copy of which has been
recorded in Official Record Book #7281, Page #305 through #308 of the Public Records of
Palm Beach County, Florida, has been SATISFIED IN FULL.
LIEN #92-44 PROPERTY LOCATION
ROLLING GREEN RIDGE IsT ADDITION
PC #08-43-45-16-01-025-0200
BLOCK 25, LOT 20
OWNER OF RECORD AT TIME OF LIEN: TAX DEED CORPORATION, C/O J. BURSYTN
DATED THIS 21 ST DAY OF JUNE 2004.
C~'. ,Y OF BOYNTON BEACH, FLORIDA
JANET PRAINITO, C
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer'~il;l~l~ed to take
Clerk
acknowledgements personally appeared, Janet Prainito, City City of Boynton
of-'"11
Beach, Florida, to me known to be the person described in and who executed the foregoing
instrument and she acknowledged before me that she executed same.
WITNESS my hand and official seal in the County and State last aforesaid this 21 ST day of June
NOTARY PUBLIC
State of Florida at Large
My commission expires:
This instrument was prepared by and return to:
Janet Prainito, City Clerk
City of Boynton Beach . .
P. O. Box 310, Boynton Beach, FL 33435
S:\CC\WPXPBC recording~sat of lien Rg2-72.doc
SATISFACTION OF SPECIAL MUNICIPAL ASSESSMENT
The undersigned Clerk of the City of Boynton Beach, Florida hereby certifies that special
assessment lien imposed by the City of Boynton Beach, Florida, against property is
hereinafter described, pursuant to Resolution #R95-05 dated 01/17/95. A certified copy
was recorded on February 17, 1995 in the Official Record Book #8634, Page #1060
through #1077 of the Public Records of Palm Beach County, Florida and has been
SATISFIED IN FULL.
LIEN #95-62~ #95-113 AND #95-179 PROPERTY LOCATION
ROLLING GREEN RIDGE IsT ADDITION
PC #08-43-45-16-01-025-0200
!i BLOCK 25, LOT 20
=, OWNER OF RECORD AT TIME OF LIEN: TAX DEED CORP. cio J. BURSTYN
!i DATED THIS 21"t DAY OF JUNE 2004.
CI~Y OF BOYNTON BEACH, FLORI
JANET M. PRAINITO, OM(
, STATE OF FLORIDA
!COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly author e
acknowledgements personally appeared, Janet M. Prainito, City Clerk of The City of
Boynton Beach, Florida, to me known to be the person described in and who executed the
foregoing instrument and she acknowledged before me that she executed same.
WITNESS my hand and official seal in the County and State last aforesaid this 21st day of
NOTARY PUBLIC
State of Florida at Large
My commission expires:
This instrument was prepared by and return to:
Janet M. Prainito, CMC, City Clerk
City of Boynton Beach I~ ~'-''-' ~-'~ :---- i
j:\shrdata\cc\wp\pbc recording\sat of lien r95-05 janet.doc
SATISFACTION OF SPECIAL MUNICIPAL ASSESSMENT
The undersigned Clerk of the City of Boynton Beach, Florida hereby certifies that special
assessment lien imposed by the City of Boynton Beach, Florida, against property is
hereinafter described, pursuant to Resolution #R95-52 dated April 4, 1995. A certified copy
was recorded on May 10, 1995 in Official Record Book #8740, Page #60 through #65 of
the Public Records of Palm Beach County, Florida, has been SATISFIED IN FULL.
LIEN #95-207 PROPERTY LOCATION
ROLLING GREEN RIDGE IsT ADDITION
PC #08-43-45-16-01-025-0200
BLOCK 25, LOT 20
OWNER OF RECORD AT TIME OF LIEN: TAX DEED CORP., CIO J. BURSTYN
DATED THIS 21ST DAY OF JUNE 2004.
CITY OF BOYNTON BEACH, FLORIDA
JANET M. PRAINITO, CM
STATE Of FLORIDA '~'~:
,,: ~::
OOUNTY OF PALM BEAGH
I HEREBY OERTIFY that on this day before me, an officer duly
acknowledgements personally appeared, danet M. Prainito, Ci~ Clerk of
Boynton Beach, Florida, to me known to be the person described in and who executed the
foregoing instrument and she acknowledged before me that she executed same.
WITNESS my hand and official seal in the Coun~ and State last aforesaid 21st day of
June 2004.
NOTARY PUBLIC
State of Florida at Large
My commission expires:
This instrument was prepared by and return to:
Janet M. Prainito, CMC, City Clerk
City of Boynton Beach ~ ~~~"~~
P. O. Box 310,
~ C~mm~
Boynton Beach, FL 33425 ~ ~ ~.-~~ ~
s:~cc~wp~pbc recording~sat of lien r95-52 janet.doc
SATISFACTION OF SPECIAL MUNICIPAL ASSESSMENT
The undersigned Clerk of the City of Boynton Beach, Florida hereby certifies that
special assessment lien imposed by the City of Boynton Beach, Florida, against
property hereinafter described, pursuant to Resolution #R95-111 dated 7/18/95 a
certified copy of which has been recorded in Official Record Book #8892, Page #1295
through #1300 of the Public Records of Palm Beach County, Florida, has been
SATISFIED IN FULL.
LIEN ~35-268 PROPERTY LOCATION
ROLLING GREEN RIDGE IsT ADDITION
PC #08-43-45-16-01-025-0200
BLOCK 25, LOT 20
OWNER OF RECORD AT TIME OF LIEN: TAX DEED CORP. C/O J. BURSTYN
DATED THIS 21sT DAY OF JUNE 2004. . .
Clef,OF ~OYNTO" BEACH
JA~IET M. PRAINITO, Cl~lC, CITY C~!!:-i
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly authorized to take
acknowledgements personally appeared, Janet M. Prainito, CMC, City Clerk of The City of
Boynton Beach, Florida, to me known to be the person described in and who executed the
foregoing instrument and she acknowledged before me that she executed same.
WITNESS my hand and official seal in the County and State last aforesaid this 21sT day of
2004.
June ~..~,~ ~~, ..,
NOTARY PUBLIC
State of Florida at Large
My commission expires:
This instrument was prepared by and return to: Janet M. Prainito, CMC, City Clerk
City of Boynton Beach ii ' I) ~= i~
P. O. Box 310, Boynton Beach, FL 33435 , a=,,,m~,,
.... i - __~_~
\\ch\main\shrdata\cc\wp~pbc recording\sat of lien r95-111 .doc
SATISFACTION OF SPECIAL MUNICIPAL ASSESSMENT
The undersigned Clerk of the City of Boynton Beach, Florida hereby certifies that special
assessment lien imposed by the City of Boynton Beach, Florida, against property
hereinafter described, pursuant to Resolution #R96-71 dated 06/4/96 a certified copy of
which has been recorded in Official Record Book ~J302, Page #1438 through #1444 of
the Public Records of Palm Beach County, Florida, has been SATISFIED IN FULL.
LIEN #96-47 & 97-48 PROPERTY LOCATION
ROLLING GREEN RIDGE IsT ADDITION
PC #08-43-45-16-01-025-0200
BLOCK 25, LOT 20
OWNER OF RECORD AT TIME OF LIEN: Jewish Education Endowment
Foundation, cio J. Burstyn
DATED THIS 21sT DAY OF JUNE 2004.
C/JTY. OF;BOYNTON BEACH, FLORIDA
JANET M. PRAINITO,"C~
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly au'u'~
acknowledgements personally appeared, Janet M. Prainito, CMC, City Clerl
of Boynton Beach, Florida, to me known to be the person described in and who
executed the foregoing instrument and she acknowledged before me that she executed
same.
WITNESS my hand and official seal in the County and State last aforesaid this 21st day
of June 2004.
NOTARY PUBLIC
State of Florida at Large
My commission expires:
This instrument was prepared by and return
Janet M. Prainito, CMO, City Clerk
City of Boynton Beach
P. O. Box 310
Boynton Beach, FL 33435
j:\shrdata\cc\wp\pbc recording\sat of lien r96-71 jp.doc
SATISFACTION OF SPECIAL MUNICIPAL ASSESSMENT
The undersigned Clerk of the City of Boynton Beach, Florida hereby certifies that
special assessment lien imposed by the City of Boynton Beach, Florida, against
property hereinafter described, pursuant to Resolution #R97-87 dated 6/3/97 a
certified copy of which has been recorded in Official Record Book #9838, Page
1868 through #1878 of the Public Records of Palm Beach County, Florida, has
been SATISFIED IN FULL.
LIEN #97-11 & #97-12 PROPERTY LOCATION
ROLLING GREEN RIDGE IsT ADDITION
PC #08-43-45-16-01-025-0200
BLOCK25, LOT20
Ii OWNER OF RECORD AT TIME OF LIEN: Jewish Education Endowment
l~ Foundation~ c/o J. Burstyn
DATED THIS 21=t DAY OF JUNE, 2004.
i.
~~~__~~CI ¥ OF B YNTON BEACH, FLOR!
JANET M. PRAINITO, CMC, (?,~.~
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly authorized to take
acknowledgements personally appeared, Janet M. Prainito, City Clerk of The City of
Boynton Beach, Florida, to me known to be the person described in and who'
executed the foregoing instrument and she acknowledged before me that she
executed same.
WITNESS my hand and official seal in the County and State last aforesaid this 21st
day of June 2004.
NOTARY PUBLIC
State of Florida at Large
My commission expires:
This instrument was prepared by and return to:
Janet M. Prainito, CMC, City Clerk
City of Boynton Beach
P. O. Box 310
Boynton Beach, FL 33435
S:\CC\WP\PBC recording\sat of lien R97-87.doc
VIII.-PUBLIC HEARING
CITY OF BOYNTON BEAC[ ITEM A.
AGENDA ITEM REQUEST
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine 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 maintain ~ request on the July 6, 2004 and July 20, 2004 City Commission
Agendas under Public Hearing. The City Comminsion postponed this item until the August 3, 2004 City Commission
meeting, as requested by the applicant. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 04-021.
EXPLANATION:
PROYECT: Florida Collision Center (LUAR 04-005)
AGENT: Carl A. Cascio, P.A.
OWNER: Boynton Beach RE Enterprises, Inc.
LOCATION: 902 NE 3~ Street
DESCRIPTION: Request to rezone from General Commercial District (C-4) to Industrial District (M-l).
Proposed use: auto body repair, storage and towing.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: ~ N/A ~
DevelopmTt Dal~atttn~t ~irec'~r ~'- City Manager's Signature
Plan~ and' Zo~up~ 1T~ector City Attorney / Finance / Human Resources
S:~Plarming~SHARED\WI~PRO~WIorida Collision Cir~LUAR~Agenda Item Request Florida Collision Cir LUAR 04-005 rezone Public Hearing 7-6-
04.dot
S:~IULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
XII. - LEGAL
CITY OF BOYNTON BEACH ITEM A. 1
AGENDA ITEM REQUEST FOI ,
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) .r.-- .-~"<
[] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon)
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business " ~r~
AGENDA ITEM [] City Manager's Report [] Presentation cz>
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the July 6, 2004 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved this item under Public Hearing and Legal, Ordinance - First
Reading on March 16, 2004. The corresponding item has returned from the Florida Department of Community Affairs
(DCA) and it is now ready for ordinance processing. For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 04-036.
EXPLANATION:
PROJECT: Renaissance Commons (CPTA 03-001)
AGENT: Klm Glas-Castro, AICP, Ruden McClosky
OWNER: Compson Associates of Boynton II, LLC
LOCATION: Southeast comer of Congress Avenue and Gateway Boulevard
DESCRIPTION: Request to amend the text of the Comprehensive Plan Future Land use Element to
establish a Development of Regional Impact (DRI) as a land use designation, and
corresponding policies for the Renaissance Commons DRI (fka Motorola DRI) that
documents its approval; uses, densities and intensities; and approved traffic generation.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
D evelopnLe~~~or ~gnamre
Planning and 7foni~g Director City Attorney / Finance / Human Resources
S:',PlanningKSHARED\WP~PROJECTS',Renaissance Commons\CPTA 03-001\Agenda Item Request Renaissance Commons CPTA 03-001 7-6-04.dot
S:\BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNI'NG & ZONI'NG D[V~SI'ON
MEMORANDUM NO. PZ 04-036
TO: Chairman and Members
Planning and Development Board
FROM: Dick Hudson, Senior Planner
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
DATE: February 9, 2004
SUB.1ECT: DRI Policies for Renaissance Commons (CPTA 03-001)
:[NTRQDUCT/ON
Compson Associates of Boynton II, LLC is requesting amendments to the Future Land Use
Element of the City of Boynton Beach Comprehensive Plan pertaining to Renaissance Commons
(fka Motorola) DR1. The text amendment is a companion to the Land Use Amendment and
Rezoning also requested for the Renaissance Commons site.
PROCEDURE
Text amendments to the Comprehensive Plan are deemed to be "large-scale" amendments and
are normally required to be a part of on of the two annual "large-scale" amendment cycles
allowed each calendar year by Chapter 163, F.S. An exception to that rule is in the case of a
Development of Regional Impact (DR1) where the law permits amendments related to a DR1 to
be adopted without being subject to the twice-yearly restrictions. Following local board review
and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida
Department of Community Affairs (DCA) for review for compliance with the state, regional and
local comprehensive plans prior to adoption. Following the review pedod of approximately 60
days, DCA provides the City with a report of their findings in an "ObJections, Recommendations
and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment
as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3)
determine not to adopt the amendment and inform DCA of that decision.
PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT
The proposed text amendment will add one new DR1 objective and three policies specific to the
Renaissance Commons DR1 to the Future Land Use Element. The policies detail the approved
density and intensity ranges as well as the maximum number of peak hour trips approved in
compliance with the Palm Beach County Traffic Performance Standards.
PROPOSED TEXT
(with proposed changes shown in underlined and bold text)
Page 2
File Number: LUAR 01-008
Krispy Kreme Doughnuts
Obiective 1.24 The CRv shall delineate Development of Regional Impact in the
Future land Use Element and on the Future Land Use HaD. Each
DeveloDmen~; of Regional Tmeact shall be eoverned by snecific
policies herein.
Policy 1.24.1.a The Renaissance Commons (fka Motorola) Development of Regional
Impact (DI~), approved by Ordinance 79-36, as most recently amended
by Ordinance 0~- (the "Development Order'~), is a multiple-use project
proposed to contain multi-family residential, commercial and office uses.
Policy 1.24.1.b Consistent with the Renaissance Commons DP/Development Order, the
apDroved land uses and intensities shall be as follow:
Land Use Minimum-Maximum IntensiW
High density Residential 1.085 du to 2,016 du
Office Commercial 173,460 sf to 322,140 sf
Local Retail/General Commercial 149,100 sf to 276.900 sf
Policy 1.24.1.c Traffic generation for the Renaissance Commons DR1 shall not exceed
1,634 peak hour trips (For compliance with Article 15, Traffic
Performance Standards of the Palm Beach County Unified Land
Development Code).
ANALYSTS
The addition of the objective will recognize an approved DM as a specific land use category.
The three proposed policies are specific to the Renaissance Commons DR1 and allow the data,
analysis and statewide review of the project to serve as the justification and documentation for
the DR1. The DR1 designation and policies allow site-specific uses, intensities, conditions and
characteristics to be described in the Comprehensive Plan. The range of densities and
intensities for each land use represents a 30% modification, reduction and increase, to each
land use proposed in the Notice of Proposed Change (NOPC). The "Use Conversion Matrix"
contained in the NOPC is based on traffic trip equivalency and will be used if any approved use
should be converted to another use. This allows the City to approve conversions of uses up to
30% without requiring a Comprehensive Plan amendment. DR1 policy (c) also expresses the
maximum traffic generation volume for concurrency purposes utilizing Palm Beach County
Traffic Engineering's accepted methodology pursuant to countywide Traffic Performance
Standards. The amount shown, 1,634 peak hour trips, is the number of trips vested by the
original project approval.
RECOMMENDA'r[ON
Staff recommends the addition of Objective 1.24, delineating Developments of Regional Impact
in the Future Land Use Element and Future Land Use Map, and the three policies specific to the
Renaissance Commons DRI.
ATI'ACHMENTS
.I:~,~HRDATA\I:~anrang\HUDSON\COMP PLAN PROCESS~TAFF REPORT CP'I'A.doc
1 ORDINANCE NO. 04- 0 [ ~2.
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING THE FUTURE LAND USE
5 ELEMENT OF THE COMPREHENSIVE PLAN TO
6 ESTABLISH A DEVELOPMENT OF REGIONAL IMPACT
7 (DRI) AS A LAND USE DESIGNATION, AND
8 CORRESPONDING POLICIES FOR THE RENAISSANCE
9 COMJVIONS DRI (FKA MOTOROLA DRI) THAT
10 DOCUMENTS ITS A APPROVAL, USES, DENSITIES AND
11 INTENSITIES AND APPROVED TRAFFIC GENERATION;
12 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
13 EFFECTIVE DATE.
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida ("City")
16 las adopted a comprehensive plan, pursuant to Ordinance 89-38 in accordance with the Local
17 3overnment Comprehensive Planning Act; and
18 WHEREAS, after public heating and study, the City Commission deems it to be in
19 the best interest of the inhabitants of the City to amend the text of the City's Comprehensive
20 Plan by the creation of Objective 1.24, delineating Developments of Regional Impact in the
21 Future Land Use Element and Future Land Use Map, and the three policies specific to the
22 Renaissance Commons DRI; and
23 WHEREAS, the addition of the objective will recognize an approved DRI as a
24 ;pecific land use category, and the three proposed policies are specific to the Renaissance
25 2ommons DRI and allow the data, analysis and statewide review of the project to serve as the
26 ustification and documentation for the DRI; and
27 WHEREAS, it is the recommendation of staff that a text amendment be made to
28 )rovide for the creation Objective 1.24, which objective will recognize an approved DRI as a
29 ;pecific land use category.
1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
2 ?HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 Section 1. That Objective 1.24 of the City of Boynton Beach Comprehensive
4 'lan is hereby created, as follows:
5
6 )bjective 1.24 The City shall delineate "Developments of Regional Impact" in the
7 Future Land Use Element and on the Future Land Use Map. Each
8 Development of Regional Impact shall be governed by specific policies
9 herein.
10
11 ?olicy 1.24.1.aThe Renaissance Commons (fka Motorola) Development of Regional Impact
12 (DRI), approved by Ordinance 79-36, as most recently amended by
13 Ordinance 04- (the "Development Order"), is a multiple-use project
14 proposed to contain multi-family residential, commercial and office
15 uses.
16
17 ?olicy 1.24.1.b Consistent with the Renaissance Commons DRI Development Order,
18 the approved land uses and intensities shall be as follow:
19
Land Use Minimum-Maximum Intensity
High density Residential 1,085 du to 2,016 du
Office Commercial 173,460 sf to 322,140 sf
Local Retail/General Commercial 149,100 sf to 276,900 sf
20
21 ?olicy 1.24.1.c Traffic generation for the Renaissance Commons DRI shall not exceed
22 1,634 peak hour trips (For compliance with Article 12, Traffic
23 Performance Standards of the Palm Beach County Unified Land
24 Development Code).
25
26
27 Section 2. All laws and ordinances applying to the City of Boynton Beach in
28 :onflict with any provisions of this ordinance are hereby repealed.
29
30 Section 3. Should any section or provision of this Ordinance or any portion
31 :hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
32 ~ffect the remainder of this Ordinance.
33
34 Section 4. This Ordinance shall become effective immediately.
36 FIRST READING this day of /~tr'C-~ ,2004.
37
38
1 SECOND, FINAL READING AND PASSAGE this __ day of ,
2 ~004.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor
8
9
10 Vice Mayor
11
12
13 Mayor Pro Tern
14
15
16 Commissioner
17
18
19 Commissioner
20 tTTEST:
21
22
23 City Clerk
24
25
26
27 DNT:dnt
28 H:\1990L900182.BB\ORD\CPTA 02-002 (5-27-03).doc
[] RETURN CHECKTO DEPT.
CITY OF BOYNTON BEACH
DIRECT PAYMENT REQUISITION
Please issue a check in the amount of $ 26,571.33
v#
TO: Mora Engineering Consultants, Inc.
9660 West Sample Road, #301
Coral Springs, FL 33065
954-752-8065
FOR: Invoice #561
Emergency repair of raw water main located on Boynton Beach Boulevard between Jog Road
and Military Trail. This raw water main services the West Water Treatment Plant, bringing
raw water to the pla~estern wellfield.
'~l~emlng, ~Sr. I~
Requested By: Date: May 28, 2004
Paul Ject Manager
Approvals:
FUND DEPT BASIC ELE OBJ AMOUNT
;Ro3.'7 401 5000 590 96 02 26,571.33
Dept. Head '~~ ~~l ~'/d4/r)4
{, ~ ~ , .
Finance Dept.
City Manager
26,571.33
XZT. - LEGAL
CITY OF BOYNTON BEACH ZTEM A.2
AGENDA ITEM REQUEST FOI
Requester 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)
[] April20,2004 April 5, 2004 (Noon) [] June l5, 2004 May 31, 2004 (Noon)
[] May4,2004 April19, 2004 (Noon) [] July6,2004 Junel4,2OO4(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 [] Presemation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the July 6, 2004 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission unanimously approved this request under Public Hearing and Legal,
Ordinance - First Reading on March 16, 2004. The corresponding item has returned from the Florida Department of
Community Affairs (DCA) and is now ready for ordinance processing. For further details pertaining to the request, see
attached Department of Development Memorandum No. PZ 04-042.
EXPLANATION:
PROJECT: Renaissance Commons (DRIA 03-001)
AGENT: Klm Glas-Castro, AIVP, Ruden McClosky
OWNER: Compson Associates of Boynton II, LLC
LOCATION: Congress Avenue south of Gateway Boulevard
DESCRIPTION: Request for Development of Regional Impact Amendment (DRIA) approval amending the
approved uses within the project, establishing a use conversion matrix and changing the
name of the DRIA project from Motorola to Renaissance Commons.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
_
Develop~nt/Del~o~nent birector City Ma~mger's Signature
Planning and ector City Attorney / Finance / Human Resources
S:XPlanningXSHARED\WPXPROJECTSXRenaissance CommonsXDRIA 03-001~genda Item Request Renaissance Commons DRIA 03-001 7-6-04.dot
S:\BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC
so. 04- 0 / :3
2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, AMENDING ORDINANCE NO. 02-061 OF THE
4 CITY OF BOYNTON BEACH BY ADOPTING AN
5 AMENDMENT TO THE RENAISSANCE COMMONS
6 DEVELOPMENT OF REGIONAL IMPACT, FORMERLY
7 KNOWN AS THE MOTOROLA DEVELOPMENT ORDER;
8 PROVIDING FOR A SAVINGS CLAUSE, REPEALING
9 PROVISION, AND PROVIDING AN EFFECTIVE DATE.
10
12 WHEREAS, on October 1, 1979, MOTOROLA, 1NC., ("Motorola") filed a
13 Development of Regional Impact Application for Development Approval ("Application")
14 with the Treasure Coast Regional Planning Council ('TCRPC") in accordance with Section
15 380.06, Florida Statutes; and,
16 WHEREAS, Motorola proposed to develop a manufacturing development and
17 administrative facility on approximately 90 acres, constituting a Comprehensive (Industrial
18 and Office) Development of Regional Impact on the following described real property
19 located in Palm Beach County, Florida, described in Exhibit "A".
20 WHEREAS, the City Commission of the City of Boynton Beach approved the
21 Motorola Development of Regional Impact on June 3, 1975 by Ordinance No. 75-19, and
22 subsequently amended by Ordinance 79-36, dated January 7, 1980; and
23 WHEREAS, on December 17, 2002, the City Commission approved an amended
24 DRI Development Order by Ordinance No. 02-061, requested by the then-owner of the
25 Property, Manry L. Carter & Associates, Inc., to develop a mixed residential and supporting
26 commercial use project on the vacant portion of the Property; and
27 WHEREAS, on November 11, 2003, the new owner of the Property, Compson
28 Associates of Boynton II, LLC ("Master Developer") filed a Notice of Proposed Change to
29 the Motorola Development of Regional Impact with the City of Boynton Beach, the TCRPC
H:\900182.bb~ord\DRI Amd - Renaissance Commons.doc
Page 1
1 and the Florida Department of Community Affairs in accordance with Section 380.06,
2 Florida Statutes; and
3 WHEREAS, said Master Developer proposes to redevelop the Property with a
4 mixed-use project to complement the approved residential uses, and to rename the project as
5 "Renaissance Commons DRI; and
6 WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter
7 City Commission), the governing body of the local government having jurisdiction, pursuant
8 to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider
9 Notices of Proposed Change; and
10 WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and
11 Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the
12 Division of Community Affairs and the TCRPC; and
13 WHEREAS, this City Commission has on March 16, 2004 and on April 7,2004, held
14 a duly noticed public hearing on the Application and has heard and considered the testimony
15 taken thereat; and
16 WHEREAS, the Treasure Coast Regional Planning Council has informed City staff
17 that the TCRPC has no comments or issues with respect to the Application; and
18 WHEREAS, this City Commission has received and considered the report and
19 recommendations of the Technical Review Committee and the Planning and Development
20 Board of the City of Boynton Beach; and
21 WHEREAS, this City Commission has made the following FINDINGS OF FACT
22 AND CONCLUSIONS OF LAW with regard to the Application for Development Approval.
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
H:\900182.bb\ord\DRI Amd - Renaissance Commons.doc
Page 2
1 Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by
2 this reference.
3 Section 2. That the City Commission of the City of Boynton Beach, Florida makes the
4 following findings of fact regarding the Notice of Proposed Change submitted by Compson
5 Associates of Boynton II, LLC, the "Master Developer" related to the Renaissance Commons
6 Development of Regional Impact, formerly known as the Motorola Development of Regional
7 Impact, previously approved by Ordinance No. 75-19, as amended by Ordinance Nos. 79-36
8 and 02-061:
9 FINDINGS OF FACT
10 A. The proposed development is not in an area of critical state concern
11 designated pursuant to the provisions of Section 380.05, Florida
12 Statutes;
13 B. A State Comprehensive Planning Document has been recognized by
14 the legislature as an advisory policy document for the entire State of
15 Florida, and the proposed development does not unreasonably interfere
16 with the achievement of the objective of this advisory policy
17 document;
18 C. The proposed amendment to the Development of Regional Impact
19 Order (DR0 Development Order will be consistent with the
20 corresponding amendment of the adopted comprehensive plan for the
21 City of Boynton Beach and are, or will be, consistent with the local
22 land development regulations, subject to conditions outlined herein
23 and Part ~I, Land Development Regulations of the City of the Boynton
24 Beach Code of Ordinances; and
H:\900182.bb\ord\ORI Amd - Renaissance Commons.doc
Page 3
1 D. The proposed development xvill be consistent with the submitted and
2 reviewed by the Treasure Coast Regional Planning Council pursuant to
3 Section 380.06(8), Florida Statutes.
4
5 CONCLUSIONS OF LAW
6 It is hereby determined by the City Commission of the City of Boynton Beach,
7 Florida, in a public meeting, duly constituted and assembled this 7th day of April, 2004, that
8 the Notice of Proposed Change to the Renaissance Commons Development of Regional
9 Impact submitted by the Master Developer is hereby ordered Approved, subject to the
10 following provisions of this Ordinance and the Conditions of Approval attached hereto as
11 Exhibit "C", and incorporated herein by reference.
12 1. That this amended DRI Development Order shall constitute the Development Order
13 of this Commission issued in response to the Notice of Proposed Change for the
14 Renaissance Commons DRI filed by the Master Developer.
15 2. That the definitions found in Chapter 380, Florida Statutes shall apply to this
16 amended DRI Development Order.
17 3. The Development Order shall be amended to include the following provisions:
18 Conversion of industrial and office land use entitlements to:
~9
20 1,551 multi-family residential units
2~ 213,000 square feet of retail use
22 247,800 square feet of office use
23
24 Master Site Development Plan Amendment No. 2, as submitted to the City, a
25 copy of which is attached hereto and made a part hereof as Exhibit "B",
26 replaces and supersedes the Master Site Development Plan currently approved
27 in the Development Order.
28
29
3O
3~
H:\9001 g2.bb\ord\DFll Amd - Renaissance Gommons.doc
Page 4
1
2
3 Establishment of a Use Conversion Matrix:
4
5 Office Multi-Family~ Commercial
6 1,000 sfoffice ....... 2.39 du 387 sf
7
/3 1 multi-family du 365 sf ......... 142 sf
10 1,000 sf commercial 2,582 sf 6.16 du ........
12 Uses approved by the DRI Development Order may be changed pursuant to
13 the conversion factors contained in the Use Conversion Matrix, subject to
14 limitation of 30%, increase or decrease, from the approved use intensity,
15 without the need for modification to the DRI Development Order. Use
16 conversions shall be reported each year in the Renaissance Commons DRI
17 Annual Report.
18
19 4. That this amended DRI Development Order shall be binding upon the Developer and
20 its assignees or successors in interest. It is understood that any reference herein to any
21 governmental agency shall be construed to mean any future instrumentality which
22 may be created and designated as successor in interest to, or which otherwise
23 possesses any of the powers and duties of any referenced governmental agency in
24 existence on the effective date of this amended DRI Development Order.
25 5. That in any event that any portion of section of this amended DRI Development Order
26 is determined to be invalid, illegal or unconstitutional by a court of competent
27 jurisdiction, such decision shall in no manner affect the remaining portions or sections
28 of this amended DRI Development Order, which shall remain in full force and effect.
29 6. That the approval granted by this amended DRI Development Order is conditional.
30 Such approval shall not be construed to obviate the duty of the Master Developer to
31 comply with all other applicable local or state permitting procedures.
~ Conversion to or from residential use is based on P.M. peak hour trip generation rates for
apartments or townhouse/condos, whichever is the more restrictive conversion factor.
H:\900182.bb\ord\DRI Amd - Renaissance Commons.doc
Page 5
1 7. The amendments proposed by the Master Developer do not create any additional
2 impacts and therefore do not constitute a substantial deviation under Chapter 380.06,
3 Florida Statutes.
4 8. That this amended Development Order shall remain in effect for a period of 30 years
5 from the date of its rendition, up to and including January 7, 2010, provided that this
6 effective period be extended by this Commission upon a finding of excusable delay in
7 any proposed development activity and that conditions have not changed sufficiently
8 to warrant further consideration of the development. In the event the Master
9 Developer fails to commence significant physical development within four years from
10 the date of rendition of this amended DRI Development Order, development approval
11 shall terminate and the development shall be subject to further consideration.
12 Significant physical development shall mean site clearing and foundations for the
13 facility.
14 9. Actual development phasing will depend upon economic circumstances and Master
15 Developer's internal business growth. The proposed development as described in
16 the Notice of Proposed Change to the Renaissance Commons DRI are for planning
17 purposes only and the actual development schedule may vary therefrom.
18 10. The amended DRI Development Order set forth in Section 1 hereof shall become
19 effective upon adoption as a part of the Ordinance rezoning a portion of the subject
20 property from Planned Industrial Development (PID) and Community Commercial
21 (C-3) to Suburban Mixed Use District (SMU) and amending the land use designation
22 for a portion of the subject property from Industrial and Local Retail Commercial to
23 Development of Regional Impact (provided such date shall be extended until
H:\900182.bb\ord~DRI Amd - Renaissance Commons.doc
Page 6
1 completion of appellate procedures, if any, relating to the issuance of this amended
2 DRI Development Order.
3 11. Copies of this Ordinance incorporating the amended DRI Development Order,
4 rezoning a portion of the subject property to Suburban Mixed Use District (SMU)
5 and amending the land use designation of the subject property to Development of
6 Regional Impact shall be transmitted immediately by certified mail to the Division of
7 Community Planning, the Treasure Coast Regional Planning Council and the Master
8 Developer.
9 12. Except as otherwise amended herein, the Development Order shall remain in full
10 force and effect.
~ 1 Section 3. That the subject Property located in the City of Boynton Beach, Florida,
~2 (approximately 85.554 acres) is subject to the successful Rezoning, which is contingent on
13 the review and approval of the DRI-related Land Use Plan Amendment by the State of
] 4 Florida Department of Community Affairs.
~5 Section 4. Except as provided herein, the Master Developer shall proceed in strict
16 accordance with all ordinances of the city of Boynton Beach, including, but not limited to, its
17 building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and
18 regulations of the State of Florida Department of Environmental Protection.
~ 9 Section 5. That should any section or provision of this Ordinance or any portion thereof
20 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
23 Section 7. This ordinance shall become effective immediately upon its passage.
24
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Page 7
1
3 SECOND READING and FINAL PASSAGE this __ day of ,2004.
4 CITY OF BOYNTON BEACH, FLORIDA
5
7 Mayor
8
10 Vice Mayor
13 Commissioner
14
16 Commissioner
17
19 Commissioner
20 ATTEST:
22
23
24 City Clerk
25
H:\900182.bb\ord\DRI Amd - Renaissance Commons.doc
Page 8
EXHIBIT "A'
Motorola DRI
LEGAL DESCRIPTION
ALL THAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL
DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 43, PAGE 139 oF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS.
ALL. OF TRACTS 94 THROUGH 107, SI~CTION 20, OF SUBDIVISION OF SECTIONS 29 AND 20,
TOWNSI~P 45 SOUTH, RANGE 43 EAST, AS PER PLAT TI-IEREOF, RECORDED IN PLAT BOOK
7, PAGE 20, OF THE PUBLIC RECORD~ OF PALM BEACH COUNTY, FLORIDA, INCLUDING 30
FOOT STRIP LOCATED IN SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND
BOUNDED ON THE SOUTH BY BOYNTON CANAL AND ON THE NORTH BY TRACT 94,
SECTION 20, OF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE
43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20,
PALM BEACH COUNTY RECORDS; ALSO INCLUDING 30 FOOT STRIP SHOWN AS ROAD
EASEMENT RUNNING FROM CANAL C-16 NORTH TO THE NORTH LINES OF LOTS 102 AND
107 EXTENDED OF SUBDIVISION OF SECTIONS 29 AND 20, RECORDED IN PLAT BOOK 7,
PAGE 20 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING BETWEEN
LOTS 96 TO 102 ON THE EAST AND LOST 94, 95 AND 103 THROUGH 107 ON THE WEST IN
SAID SUBDIVISION.
ALSO, ALL LANDS, INCLUDING LAKE BOTTOM OF LAKE JACKSON AND LANDS
DESIGNATED "SAND BEACH" OR "LOW MUCK" OR OTHERWISE LYING BETWEEN THE
ABOVE DESCRIBED PROPERTY AND WEST OF THE RIGHT-OF-WAY OF THE LAKE WORTH
DRAINAGE DISTRICT EQUALIZING CANAL E-4, EXCEPTING THAT PORTION OF TRACTS 94,
95, 103, 104, 105, 106 AND 107, SECTION 20, SUBDIVISION OF SECTIONS 29 AND'20,
TOWNSI-I]~ 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED
IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY PUBLIC RECORDS WHICH LIES WITHIN
50 FEET OF THE WEST LINE OF SAID SECTION 20.
ALSO, ALL THAT PART OF THE SW 'A OF SECTION 17 AND THE NW 'A OF SECTION 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUN'I~, FLORIDA, LYING SOUTH
OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW 22ND AVENUE AS DESCRIBED IN
OFFICIAL RECORDS BOOK 1738, PAGE 1686 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AND NORTH OF THE SUBDIVISION OF SECTIONS 29 AND 20,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, RECORDED IN PLAT BOOK 7, PAGE .20,
HEREINABOVE DESCRIBED, AND EAST OF THE EASTERLY LINE OF RIGHT-OF-WAY OF
CONGRESS AVENUE AND WEST OF THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF THE
LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4.
EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE RIGHT-OF-WAY OF
CONGRESS AVENUE, LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4 AND
RIGHT-OF-WAY OF CANAL C-16 FORMERLY BOYNTON CANAL.
10
WPB: 166567:2
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 04-042
TO: Chairman and Members
Planning and Development Board
THROUGH: Michael Rumpf
Planning and Zoning Director
FROM: Ed Breese
Principal Planner
DATE: February 17, 2004 (Amended) March 23, 2004
SUBJECT: Renaissance Commons (fka Motorola) - DRIA 03-001/MPMD 03-002
NOPC Amendment #2
NATURE OF REQUEST
Renaissance Commons (fka Motorola) is a partially built-out Development of Regional Impact
(DRI) comprised of 87.4 - acres, zoned Planned Industrial Development (PID) and Community
Commercial (C-3). It is located on the southeast corner of Gateway Boulevard and Congress
Avenue (See attached Exhibit "A"- Location Map). The applicant, Compson Associates of
Boynton II, LLC, is requesting a second amendment to the Motorola DRI Development Order
(D.O.) adopted January 7, 1980 by Ordinance No. 79-36.
Amendment #2 proposes to change the Motorola DRI entitlements by the conversion of 500
multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of
office space and 128,000 square feet of warehouse space to a mix of uses, including 1,551
multi-family residential units, 213,000 square feet of commercial space and 247,800 square feet
of office use. The request also proposes to change the name of the DRI from Motorola to
Renaissance Commons. There are no changes proposed to the DRI phasing, commencement
date or build-out date of 2010, and no lands are being added to the DRI boundaries (see
attached Exhibit "B"- Substantial Deviation Determination Chart).
BACKGROUND
An amendment to a Development of Regional Impact (DRI) is first and foremost governed by
Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a
Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The Florida
Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council
(TCRPC) and the City review the NOPC. The DCA and the TCRPC review the proposed NOPC
and provide comments following the procedures outlined in Chapter 380.06 (19).
The Regional Planning Council has verbally expressed little concern over this NOPC, as they
have had several meetings with the applicant and understand the project is a mixed-use
concept, closely following that of NOPC #1 which they reviewed in 2002, and that they do not
intend to formally respond in writing. The adopting Ordinance has been amended and updated
to reflect that the TCRPC has no comments on NOPC #2 and that a written response will not be
Motorola - DRIA 03-001/MPMD 03-002
Memorandum No. PZ 04-042
forthcoming. The major changes involve a transfer of allotted square footages between the
approved uses and a use conversion matrix which allows up to a thirty (30)% change in
intensity, while remaining within the approved average daily trips (ADT) and peak hour trips
approved with the original DRI. A letter from the Florida Department of Transportation (FDOT)
was forwarded to the TCRPC delineating their concerns with the traffic methodology utilized by
the applicant. These issues are discussed below in the section entitled "Regional Impacts". The
traffic consultant for Renaissance Commons has prepared a response to FDOT comments. As
of this staff report, FDOT has not had ample time to respond to the new data. Additionally,
several conversations have been conducted with DCA. They have indicated that they have no
objection to the proposed change, but will subsequently be reviewing the associated
Comprehensive Plan amendments for consistency, once received.
The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review
by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S.
requires that the local governing body hold a public hearing to review and approve the NOPC.
The City Commission is required to determine whether the proposed change to the Motorola
DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined that
the requested change is a substantial deviation then further review will be required pursuant to
the statutory requirements. If the City Commission determines that the proposed change is not a
substantial deviation, they may take action to approve or deny the requested change.
The original DRI Development Order adopted a Three-Phase Master Plan (see Exhibit "C" -
Motorola Conceptual Master Plan ADA 1979). The first amendment to the DRI was approved by
the City Commission on December 17, 2002, converting the Motorola entitlements from
825,000 square feet of industrial and office use to 500 multi-family residential units, 63,500
square feet of commercial space, 450,000 square feet of office space and 128,000 square feet
of warehouse space. The review of the DRI amendment also constitutes a review of the
changes to the Master Plan for Motorola. In addition to the state statutes, staff has reviewed the
Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned
Industrial Development and Chapter 3, Master Plan Approval. First review comments were
generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on
January 27, 2004.
ANALYSIS
Notice of Proposed Change {NOPC) - Substantial Deviation
The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined
in Chapter 380.06 (19). In reviewing the statute section staff determined that one of the criteria
apply to the proposed changes to the Motorola DRI. These criteria, which are applicable for
review of the proposed changes is provided in Chapter 380.06(19)(e)5., which states: "The
following changes to an approved development of regional impact shall be presumed to create a
substantial deviation. Such presumption may be rebutted by clear and convincing
evidence".
Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the
contrary, a proposed change consisting of simultaneous increases and decreases
of at least two of the uses within an authorized multi-use development of regional
impact which was originally approved with more than three uses specified in
380.0651(3)(c), (d), (f) and (g) and residential use.
Motorola- DRIA 03-001/MPMD 03-002
Memorandum No. PZ 04-042
As part of the NOPC application, the applicant is to complete a "Substantial Deviation
Determination Chart". The applicant has provided an updated chart (see Exhibit 'B").
Amendment #2 involves changes to all of the use categories approved in Amendment
#1: residential, commercial, office, and warehouse (storage & distribution). This proposal
will eliminate the warehouse component while adding 1,001 multi-family residential units,
adding 149,500 square feet of commercial while simultaneously reducing the office
component by 202,200 square feet. The proposed increases and decreases in square
footages are presumed to maintain the vested traffic generation level of 13,020 average
daily trips (ADT).
Conclusion
The proposed changes delineated in Amendment #2 are presumed to be a substantial deviation
per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the Substantial
Deviation Determination Chart and a traffic study for review. Palm Beach County Traffic
Engineering determined in a December 30, 2003 letter that NOPC #2 is projected to generate
less peak hour trips than what was previously approved, and therefore meets the Traffic
Performance Standards of Palm Beach County.
Master Plan Modification
This is the second amendment proposed for the Motorola DRI adopted in early 1980. The
Flodda Statute governing the DRI process, Chapter 380.06(19), provides for and anticipates
amendments stating 'There are a variety of reasons why a developer may wish to propose
changes to an approved development of regional impact, including changed market conditions".
These changing market conditions are evident in the history of this DRI, which was planned and
developed by Motorola for their exclusive use. Motorola began scaling back its operations at the
existing facility in 2001. In October of 2002, Motorola sold the property, and it has since been
purchased by the current applicant.
The Motorola site is zoned Planned Industrial Development (PID) and Community Commercial
(C-3). The applicant proposes to create 41.24 acres of Mixed Use designation and 45.74 acres
of Multi-family residential. The Mixed Use is proposed along the Congress Avenue corridor,
wrapping around the corner along the Gateway Boulevard corridor and southward through the
center of the development. The Multi-family residential development is proposed along the Lake
Worth Drainage District (LWDD) E--4 Canal and the Boynton Canal (C-16), as well as between
the Mixed Use along Congress Avenue and the Mixed Use running through the heart of the
development. Two additional access points are proposed along Congress Avenue (see Exhibit
'D' - Renaissance Commons (fka Motorola) DRI NOPC #2 Master Development Plan).
Impacts
The proposed changes to the Master Plan were analyzed from two perspectives. The first is the
potential for creating additional regional or local impacts. The second is the consistency and
compatibility of the proposed changes with the regulations and policies adopted by the City
through the Comprehensive Plan, Land Development Regulations and other applicable studies
such as the Visions 20/20 plan.
Motorola - DRIA 03-001/MPMD 03-002
Memorandum No. PZ 04-042
Regional
A development has gone through the DRI process because the projected impacts are
considered regional in nature. Any change to that development must be analyzed to determine if
the changes proposed create additional impacts above and beyond what was originally
identified and mitigated. In the case of the Motorola DRI the major issue is whether there will be
an increase in traffic beyond what was originally approved (13,020 average daily trips and 1,634
peak hour tdps) resulting from the requested land use changes.
The applicant prepared a traffic study that was transmitted to the Palm Beach County Traffic
Division for their customary review and approval regarding concurrency. The County formally
responded to the study in writing, indicating compliance with the Traffic Performance Standards
of Palm Beach County.
As mentioned earlier, FDOT has indicated that the traffic analysis submitted for the NOPC was
insufficient in the areas of tdp distribution, calculation of pass-by trip reduction, clarification of
the residential component of the conversion matrix and intersection & driveway analyses. The
applicant's traffic consultant has prepared the information and gathered the data requested by
FDOT and forwarded it to each review body. All agencies will review the new information and
provide comments as soon as possible.
Local
The focus of the substantial deviation determination is regional impacts. The development order
for the DRI is a local order and the approval of any requested change is within the jurisdiction of
the City. As such, the City's main focus is local issues and impacts. Typical areas identified for
review regarding potential local impacts are discussed below:
Traffic - The traffic study methodology is a local concern as well. Palm Beach County has
determined there are no additional local impacts associated with NOPC #2. The Master Plan
proposes two additional entrances on Congress Avenue. Permits from Palm Beach County
are required for these entrances. Turning movements and signalization issues will be
evaluated and addressed at the site plan stage.
Utilities - Based on the odginal Motorola Application for Development Approval the DRI is
vested for 127,000 gallons per day (gpd) for both water and sewer. The City projected
demand for the proposed development in NOPC #1 at 294,215 gpd for water and 255,865
gpd for sewer. This calculation is based on the formula in Chapter 26 of the Code of
Ordinances. For NOPC #2, demand is projected to be 674,967 gpd for water and 560,193
gpd for sewer. Due to the magnitude of the increase above the prior approval, the Utilities
Department is requiring that an evaluation of the off-site water and sewer service be
conducted by the City at the applicant's expense. Any required improvements to the water
and sewer systems and related levels of service will be borne by the developer. Additionally,
the Utilities Department is continuing to refine the conversion matrix figures for each use
proposed by the applicant and will have the final say on the exact numbers for each. These
recommendations are addressed in Exhibit "E" - Conditions of Approval.
Motorola - DRIA 03-001/MPMD 03-002
Memorandum No. PZ 04-042
Drainage - Drainage will also be reviewed in detail as part of the site plan approvals, and
must satisfy all requirements of the city and local drainage permitting authorities. The
applicant submitted a copy of the current South Florida Water Management permit for the
existing site. This permit will require modification based on the proposed development plan
for the site.
Environmental - The City's Forester/Environmentalist indicated in NOPe #1 that there were
existing Burrowing Owl nests located on the Motorola property in the area of the proposed
change. The applicant submitted a Migratory Bird Nest Removal Application with the State
of Florida Fish and Wildlife Conservation Commission (FFWCC), as required, and a permit
for Nest Burrow Removal was issued by the agency. A 100% site survey was conducted
and three nest burrows were identified and excavated on January 14, 2004, in accordance
with the permit. The City is in receipt of the Final Report from the FFWCC indicating that
each of the burrows were determined to be ~inactive", containing no eggs or flightless
young.
School Concurrency - The NOPC includes a request for 1,551 dwelling units, an increase of
1,001 from NOPC #1. This requires concurrency approval from the School District of Palm
Beach County. The applicant submitted a concurrency application to the School District and
was approved for concurrency. A copy of the approval form was submitted to the Planning
and Zoning Division.
Parks and Recreation - Residential units are also subject to the city's park and recreation
impact fee. The fee will be calculated based on the type of units constructed and will be due
at the time the first building permit is issued for the residential portion of the proposed
development. The City required that the applicant provide a greenway/pathway easement
along the LWDD E-4 Canal to the east and the Boynton Canal C-16 to the south when
Phase I of the Renaissance Commons site plan was approved.
Consistency and Compatibility with City Policies
In order for the proposed development to go forward the land use and zoning are being
simultaneously changed on the site. The applicant proposes to change the land use from
Industrial (I) and Local Retail Commercial (LRC) to a new category, Development of Regional
Impact (DRI) and change the zoning from Planned Industrial District (PID) and C-3 (Community
Commercial) to a new category, Suburban Mixed Use (SMU).
The applicable Comprehensive Plan policies in support of the proposed amendment are:
Objective 1.15 of the Future Land Use Element and its policies provide the basis for
approval of mixed use development in the city, as follows:
"The City shall encourage planned development projects which are sensitive to
characteristics of the site and to surrounding land uses, and mixed-use projects
in locations which are appropriate, and utilize other innovative methods of
regulating land development."
City staff is proposing an amendment to the Land Development Regulations for a Suburban
Mixed Use zoning district, to be utilized for this and other similar-sized mixed-use projects that
Motorola - DRIA 03-001/MPMD 03-002
Memorandum No. PZ 04-042
will not be located in the City's adopted Community Redevelopment Area. In addition, the
creation of a Development of Regional Impact land use classification, and the companion
Comprehensive Plan text amendment, will provide site-specific ranges and intensities of uses
allowed.
Policy 1.19.2 provides the directions for re-designation of lands classified as "Industrial"
on the Future Land Use Map:
"The City shall provide continued effort to allow for Industrial acreage; however,
that land designated "Industrial" on the currently adopted Future Land Use Map
may be converted to commercial or residential designations if the conversion (i)
would generate a range of employment choices for current and future residents,
provide goods and services of regional importance, or would provide
opportunities for the City to meet its long-range housing goals; and (ii) is based
upon adequate data including market analysis."
The proposed development for the site is consistent with the cited policy in that it will provide
both commercial and residential development, is expected to generate employment
opportunities and provide goods and services, as well as add to the range of housing
opportunities in the City.
The adoption of Motorola NOPC Amendment #2 is conditioned upon the approval of the land
use amendment and rezoning request (see Exhibit "E" - Conditions of Approval).
Conclusion
The only regional issue of significance is traffic. It is a significant issue on which both the
Substantial Deviation determination and concurrency approval are based. Palm Beach County
Traffic Engineering has already determined NOPC #2 would comply with the Traffic
Performance Standards of Palm Beach County. Staff believes the additional data and analyses
provided by the traffic consultant will help resolve any outstanding issues. Local impacts will be
addressed in the Conditions of Approval for the NOPC #2.
RECOMMENDATIONS
Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has
demonstrated by clear and convincing evidence that the proposed change is not a substantial
deviation requiring additional development of regional impact review. Resolution of any traffic
issues will be required to be resolved before any permits will be issued. Therefore, staff
recommends approval of DRIA 03-001 subject to the Conditions of Approval attached in Exhibit
Regarding the proposed modifications to the Motorola Master Plan staff recommends approval
subject to the Conditions of Approval attached in Exhibit "E".
Motorola - DRIA 03-001/MPMD 03-002
Memorandum No. PZ 04-042
S:~PLANNING~SHARED\WP~PROJECTS~Renaissance Commons (fl(a MOTOROLA) DRI~DRI~STAFF REPORT DRIA 03-001.DOC
EXHIBIT .B.
TYPE OF LAND CHANGE PROPOSED ORIGINAL PREVIOUS
USE CATEGORY, PLAN PLAN D.O.
CHANGE &
DATE OF
CHANGE
spaces NA
8it~ locafional
in¢lu~ng .
dmlmtg~, ROW,
External Vchi¢l~
Trips
D.O.
ADA
Representations
Runway
(arengh)
Terminal '(l~-OSS .
square feet)
Apron Area
(gro~ ~qu~
fe~t)
WPB:164967'3
EXHIBIT ';B"
Sit~ locational
Airpo~ Acreage,
iaaudi~¢
&~ge, ROW, '
e~emen~ etc.
NA'
~P~sen~Oom
~B~ NA '
sq~ f~t)
Si~ lo~o~
~ '} ch~ges
Acr~ge,
~clu~g ..
~age, ROW,
Ho~i~s ~men~, e~.
~~ Ve~cle
Tgps
~p~senmfiom
WP8:164987:3
EXHtBIT "B"
i Acreage, 0 acres 10.3 acres.
- including 87 acres (Ord. 02-061).
drainage, ROW, 12/17/02
eaSerllCll~,
Os.f. **
** could be 128,000 s,f.
Building (gross introduced into 850,000 s.f, (Ord[ 02-061)
square feet)' mixed-use 12/17/02
Industrial' . development via
utllt~tion of Use
Conversion Matrix
'~'~*~' ~,, ".' II ,, .... II..
chemical storage
(barrels nnd
[" ) Site locational
-.. 'chang~
# External vehicle
'~ .trips
.... , II,,.
ADA Mixed-U~e lndustri~ Multiple U,e
representations Proj~t Park
Mining Operations Acreage mined
(year)
Water with&awal
Size of mine
(acres), including NA
drainage, ROW,
easements, etc.
Site locational
." , ch~mges.
WPB:164967:~
· ISXH'IBIT '8"'
# External Vehicle
ADA
representations ..
· Acreage, 29.0 acres ·
includin~ 4'1.24 acres of 0 acres' (Ord. 02-061)
drainage, RO~, mixed-use
450,000 s.f.
Building (gr~ss '247,800 s.£. 0 s.f. * (Ord. 02-0i~1)
square feet)' ~ 12/17/02
Site loeational
changes
( '! # Bxtemal vehicle
trips
D.O. Conditions
.... '" I, permitted
Office (com.) representations use within
· industrial use
Petroleum/Chemical Storage'Capacity
Storage (barrels and/or ..
pounds) ..
· ' Distance to '
Navigable Waters
(feet) ·
Site locations
changes
WPB: 164987:3
EXHIBIT "B'~ '
Facility Acreage,
including NA
drainage, pOW,
easements, etc.
# External vehicle
trips
D.O. Conditions
ADA
representations
# Boats, wet NA
storage
# Boats, dry
storage.
Dredge and fill
(cu. yds.)
Petroleum storage
site locational
changes
Ports (Marinas). Port Acreage,
including
drainage, ROW,'
easements, etc.
# External vehicle
trips
ADA
representations
WPS:16498?:a
EXHIBIT ~B" ..
' " 500 MF du'S
~ # Dwelling units 1551 MF du's 0 (Ord. 02-061)
12/17/02
Multi-family
Type of dwelling Multi-familY NA ' ' (Ord. 02,-061)
Residential Acreage,
I - 33 ac.ms
including
ROb, r,!..' 45.74 acres 0 (Ord~ 02-061)
easements,.e~c.. 12/17/02.
Site locafional
changes ~.
# External vehicle
trips
· . Acreage, .29.0 acres
~ '~ inclUding 41.24 acres of 0 acres (Ord. 02-061)
drainage, ROW, mixed:.use 12/17/02
· e~gmen~, etc.
Floor Space 63,500 s~f.
(gross square 213,000 s.f. 0 s.f. (Ord. 02r061)
feet) 12/17/02
Wholesale, Retail, .... '
Service
Site locational
" changes
# External vehicle
trips
~presentafiom ·
. EXHIBIT "B" '
· i' # Rental Units -
Floor space
(gross square
feet)
.. # Parking P s . ·
~,,o~, II .... 'iI1~ .,, il' ,,,,
Site locational
changes
Hotel/Motel ,, ,, ' ..... , .... , , ,,,
Acreage"
. . including NA
"- .. drainage, ~OW,
# External vehicle
trips
~o ~o~,°~ '1~1 ': ' ..... '"11"':""il '~ ~
· .. ......... , .. . _~ . ',,:. ....
- ADA
(" '~ represCntation~
Acreage,
including NA
drainage, ROW,
easements, eto,
~,~'~;,,',.!1' ,' -!1 ,,,
Buildings (j~ro.~s
squar~ fe~t)
~'~ ~;;'"' ' '11 '" " '.'1/',' , ,', .'"i11 " ' ....
IL¥. Park o
Site loCational
changes
· # External vehicle
tdps
ADA
~ representations
WP8:164987:$
EXHIBIT "B'"
Site locational -
chantes
Ope~ Space (All _ ,,, , ~ ;,, , ,,, ... .~ ;
natural and vegetatedType of open ' '
non-impervious space ..
surfaces) .',. ...... ::, ,., ,, ..~ ......
representatio
Sit~ locatlonifl
changes
PreservatiOn, Buffer or ....... ' ....... '
Special Protection Development of .
Areas site proposal
' ~?-~o~o~ ~ ..... ,11." ,'.,,. II ·"
ADA
representations
WP8:16498~3
CONCEPTUAL. MASTER PlAN
PHASE I
LEGEND
. :~ I~ W. 22 Avenue
/'
Area
~o~T..~'~'~'~..~. SHEET 1 1-13
~3'Y. ~ ~E.,~.P~JJ,4 iI~.ACN COUNI~. ~3RI(~
'b
CONCEPTUAL MASTER ~PLAN
PHASE Iil
LEGEND
DEVELOPMENT OF REGIONAL IMPACT MAP H-3
E .)~tlt. -T "¢"
CONCEPTUAL MASTER PLAN
PHASE II
LEGEND
j, .',.,.. N.W. 22 Aveme
Recreational
Area
L:Ln,D. Bayntan (:;mai
HEE~ A HE~Y
MOTOROLA (DRIA 03-~01) EXHIBIT "A"
Location Map
PUd
C3
SITE Q: PARK
C3
EXHIBIT "C"
Conditions of Approval
Project name: Renaissance Commons (fka Motorola) DRIA
File number: DRIA 03-001
Reference: 2nd review plans identified as a Development of Regional Impact Amendment Master Plan with a
January 27, 2004 Planning & Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. The LDR, Chapter 3, Article IV, Section 3.O requires Master Plans to show I x I
all utilities on or adjacent to the project.
I
I
2. Justify the water and sewer values used in the conversion matrix. Those X
numbers should relate to what actually has been purchased to date. Provide
specific justification for the high values applied to office and industrial uses
3. Based upon the applicant's conversion matrix (which we do not accept), the X
site exhibits an increase from the current use of 2161.66 dwelling units
(equivalent) to 3281.01 dwelling units (equivalent) with the proposed
change. A change of this magnitude would require the applicant to
fund a re-study of the Utilities Master Plan for water and wastewater
in the affected area. Any cost for utility upgrades as a result of impacts
from this project shah be borne by the applicant.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
4. Provide a master storm water management plan in accordance with the X
LDR, Chapter 3, Article IV, Section 3.T.
BUILDING DIVISION
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None X [
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
5. Provide a letter from the South Florida Water Management District X
regarding impacts to ground and surface water as a result of the proposed
change, prior to issuance of any building permits.
6. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X
proposed change is presumed to. be a substantial deviation. This
presumption may be rebutted by clear and convincing evidence.
7. Indicate the width of all access points to ensure their compliance with City X
code. Also show the access points to collector and arterial streets indicating
their compliance with access requirements within the code.
8. The approval of NOPC #2 is contingent upon the approval of the Land Use X
Amendment to Development of Regional Impact (DRI) and Rezoning to
Suburban Mixed Use (SMU).
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:h°lanning\SHARED\WP~ROJECTS\Renaissance Commons'~DRIA 03-001/MPMD 03-002\COA.doc
EXHiBiT "D"
EXHIBIT "D"
EXHIBIT "D"
'~'~ ~:z: 0~0~~
,:~ .~.. '~::,~ ;~.. ~.~: -~:~ - ,.:~,,:. ~:~ ~ . ~o~
~ ~.~ - ....... ~: ~:~' t:~::, . ~ ..... ':.::-..':.~'...::~ .. :
~>
~,,~.,,,o,, ~,.,,,~. ~,~,.,,,,, ~ ·
EXHIBIT "E"
Conditions of Approval
Project name: Renaissance Commons (fka Motorola) DRIA
File number: DRIA 03-001
Reference: 2~a review plans identified as a Development of Regional Impact Amendment Master Plan with a
January 27, 2004 Planning & .Z..o .ning Department date stamp marking..
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. The Li)R, Chapter 3, Article IV,"Section 3.0 requires Master Plans to show ;~
all utilities on or adja, cent to the project. ...
2. Justify the water and sewer values used in the conversion matrix. Those X
numbers should relate to what actually has been purchased to date. Provide
specific justification for the high values, appl!ed to office and industrial uses ~ ,
3. Based upon the applicant's conversion matrix (which we do not accept), the X
site exhibits an increase from the current use of 2161.66 dwelling units
(equivalent) to 3281.01 dwelling units (equivalent) with the proposed
change. A change of this magnitude would require the applicant to
fund a re-study of the Utilities Master Plan for water and wastewater
in the affected area. Any cost for utility upgrades as a result of impacts
from this project shall be borne by the applicant.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
4. Provide a master storm water management plan in accordance with the X '"
LDR, Chapter 3, Article IV, Section 3.T.
BUILDING DIVISION
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments: None ..... X I
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
5. Provide a letter from the Soutl~'Fiorida Water Management District X
regarding impacts to ground and surface water as a result of the proposed
change, prior to issuance of any building p.err~.~ts.
6. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X
proposed change is presumed to be a substantial deviation. This
presumption may be rebutted by clear and convincing evidence.
7. Indicate the width of all access points to ensure their compliance with City X
code. Also show the access points to collector and arterial streets indicating
their compliance with access requirements within the code.
8. The approval of NOPC #2 is contingent Upon the ~¢proval of the Land Use X
Amendment to Development of Regional Impact (DRI) and Rezoning to
Suburban Mixed Use (SMU).
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:XPlanning\SHARED\WP\PROJECTS\Renaissance CommonskDRIA 03-00 I/MPMD 03-002\COA.doc
XlI. - LEGAL
CITY OF BOYNTON BEACH ITEM A.3
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin~ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
[] 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 Aprill9,2004(Noon) [] July6,2004 Junel4,2004(Noon)
[] May18,2004 May 3, 2004 (Noon) [] July20,2004 JulyS, 2004(Noon)
[] Administrative [] Legal
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing co
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Please place this request on the July 6, 2004 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved this request under Public Hearing, and Legal, Ordinance -
First Reading on March 16, 2004. The corresponding item has returned from the Florida Department of Community Affairs
(DCA) and is now ready for ordinance processing. For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 04-035.
EXPLANATION:
PROJECT: Renaissance Commons (LUAR 03-009)
AGENT: KLm Glas-Castro, AICP, Ruden McClosky
OWNER: Compson Associates of Boynton II, LLC
LOCATION: Southeast corner of Congress Avenue and Gateway Boulevard
DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Industrial (I) and
Local Retail Commercial (LRC) to Development of Regional Impact (DRI).
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: ~Dot N/A
Devei, o~t De~e~tt'l~irector ' ~ ei¢'Ma~ag-e'r~S Sign~(e
Planning ~ind Zo~n~'Dtd'~tor City Attorney / Finance / Human Resources
S:~IanningXSHARED\WP~PROJECTS~Renaissance Commons\LUAR 03-009XAgenda Item Request Renaissance Commons 2nd reading amend LUAR 03-
009 7-6-04.dot
S:XBULLEIIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNZNG & ZONZNG DI'ViSZON
MEMORANDUM NO. PZ 04-035
TO: Chairman and Members
Planning and Development Board
and City ~n
FROM: Dick Hucl~bh~f~CP
Senior Planner
THROUGH: Michael W, Rumpf
Director of Planning and Zoning
DATE: February 9, 200~,
PROJECT NAME/NUMBER: Renaissance Commons (fka Motorola) Development of Regional
Impact (DI~) / LUAR 03-009
REC~UEST: To reclassify the property from Local Retail Commercial (LRC)
and :industrial ([) to Development of Regional :impact (DM) and
to rezone from P1:D Planned Industrial Development and C-3
Community Commercial to SMU Suburban Mixed Use
PRO.lEt'1' DESCR/PT];ON
Property Owner: Compson Associates of Boynton []', LLC
Applicant/Agent: Ruden McCIosky/Kim Glas-Castro, AtCP
Location: Southeast corner of Congress Avenue and Gateway Boulevard
(see Exhibit "A'~
Project Size +86,98 acres
Existing Land Use: Local Retail Commercial and Industrial
Existing Zoning: P~D Planned Industrial Development and C-3 Community
Commercial
Proposed Land Use: Development of Regional Impact (DM, J)
Proposed Zoning: SMU Suburban Mixed Use
Proposed Use: Mixed Use Development
Page 2
File Number: LUAR 03-009
Renaissance Commons (fka Motorola DP, I)
Adjacent Uses:
North: Right-of-way of Gateway Boulevard then commercial development
(Shoppes of Boynton) designated Local Retail Commercial (LRC)
and zoned C-3 Community Commercial.
South: Right-of-way of the C-16 (Boynton) Canal, then vacant property
designated Moderate Density Residential (MEDR) and zoned R-1I
AA Single Family Residential.
East: Right-of-way of the Lake Worth Drainage District E-4 Canal, then
developed property (Boynton Beach High School) designated
]industrial (I) and zoned P1~D Planned Industrial Development
(C~uantum Park).
West: Right-of-way of Congress Avenue then commercial development
(Catalina Center) designated Local Retail Commercial (LRC) and
zoned C-3 Community Commercial.
PRO3ECT ANALYSZS
The parcels, which are the subject of this land use amendment, total 86.98 acres. Because of
the size of the property under consideration, the Florida Department of Community Affairs
classifies this amendment as a "large-scale" amendment. Following local board review and City
Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department
of Community Affairs (DCA) for review for compliance with the state, regional and local
comprehensive plans prior to adoption. Following the review period of approximately 60 days,
DCA provides the City with a report of their findings in an "Objections, Recommendations and
Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as
transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3)
determine not to adopt the amendment and inform DCA of that decision. According to Florida
Statutes Chapter 163, large-scale amendments may only be adopted during two amendment
cycles each calendar year. An exception to that rule is in the case of a Development of
Regional ]impact (DRI) where the law permits amendments to be adopted without being subject
to the twice-yearly restrictions.
The original Motorola DRI as approved in 1979 was, upon buildout, to contain 825,000 square
feet (sq. ft.) of industrial, research and development, and office uses. Following approval,
625,000 sq. ft. of industrial and office uses were constructed, with the remaining 200,000 sq. ft.
of approved office use left undeveloped. In 2002, both the DRI development approval and the
future land use designations were amended to allow the development of 63,500 square feet of
commercial uses and 500 multi-family residential units in place of the unbuilt 200,000 sq. ft. of
office use. The subject request would designate the entire 86.98 acres as Development of
Regional Impact (DRI), a new future land use designation being adopted through a companion
Comprehensive Plan text amendment (CPTA 03-001) and rezone the property to SMU-Suburban
Mixed Use, a new zoning district also being reviewed concurrently.
Page 3
File Number: LUAR 03-009
Renaissance Commons (fka Notorola DPt)
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Adm/n/strat/on and Enforcement, [tem C.
Comprehens/ve P/an Amendments: Rezon/ngs. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Hap.
a. Whether the proposed rezoning would be cons/stent w/th applicable comprehensive
p/an po#c/es/nc/ud/ng but not//m/ted to, a proh/b/b'on aga/nst any/ncrease/n
dwel//ng unit dens/b/exceeding 50/n the hum/cane evacuab'on zone w/thout written
approval of the Palm Beach County Emergency Plann/ng Div/s/on and the C/ty's dsk
manager. The p/ann/ng department shall a/so recommend//m/ta~'ons or
requ/rements, wh/ch would have to be/reposed on subsequent development of the
property,/n order to comply w/th po#c/es conta/ned /n the comprehens/ve p/an.
The property is not located in the hurricane evacuation zone; therefore, the prohibition against
increasing residential densiUes does not apply. Other applicable objectives and policies from
the comprehensive plan are cited below.
Objective 1.15 of the Future Land Use Element and its policies provide the basis for approval of
mixed use development in the db/, as follows:
"The City shall encourage planned development projects which are sensitive to
characteristics of the site and to surrounding land uses, and mixed-use projects in
locations which are appropriate, and utilize other innovative methods of regulaUng land
development."
City staff is proposing an amendment to the Land Development Regulations for a Suburban
Nixed Use zoning district, to be uUlized for this and other similar-sized mixed use projects that
will not be located in the City's adopted Community Redevelopment Area. In addition, the
creation of a Development of Regional Impact land use classification, and the companion
Comprehensive Plan text amendment, will provide site-spedfic ranges and intensities of uses
allowed.
Policy 1.19.2 provides the directions for redesignation of lands classified as "];ndustrial" on the
Future Land Use Nap:
'The City shall provide continued effort to allow for industrial acreage; however, that
land designated ']:ndustrial" on the currently adopted Future Land Use Nap may be
converted to commercial or residential designaUons if the conversion (i) would generate
a range of employment choices for current and future residents, provide goods and
services of regional importance, or would provide opportunities for the City to meet its
long-range housing goals; and (ii) is based upon adequate data including market
analysis."
The proposed development for the site is consistent with the cited policy in that it will provide
both commercial and residential development, is expected to generate approximately 1,090
jobs, and provide goods and services, as well as add to the range of housing opportunities in
the City.
Page 4
File Number: LUAR 03-009
Renaissance Commons (fka Hotorola DR1)
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated distn'ct unrelated to adjacent and nearby
districts, or would cons~'tute a grant of spec/al privilege to an individual property
owner as contrasted with the protect'on of the public we/fare.
The proposed land use amendment and rezoning would create a district which might, on first
examination, seem to be isolated; however, because of the uses allowed by both the land use
designaUon and the land development regulations, the district would relate to the adjacent
properties.
c. Whether changed or changing conditions make the proposed rezoning desirable.
There are several conditions that have changed since the DRZ, consisUng of +86.98 acres, was
approved in 1979. The project was originally expected to develop at buildout with a total of
825,000 square feet of industrial, research and development, and office uses. Even as planned,
this was an extremely inefficient use of land, with a floor area raUo (FAR) of 0.22, compared to
the maximum 0.50 FAR now permitted in the Industrial land use category. The 2002
conversion of a portion of the property to allow for mixed use development was the first step;
however, approximately half of the property remained with an Zndustdal land use and Planned
Zndustrial Development zoning. The current proposal to give the enUre parcel a single land use
designation and single zoning district will allow for a greater integration of uses and a more
innovaUve design for the enUre property. (See item "f" below for further explanaUon.)
d. Whether the proposed use would be compatible w/th utility systems, roadways, and
other public fadli~'es.
As a part of the approval for the original DI~ in 1979, the development became vested for
13,020 daily trips and 1,634 peak hour trips. Even though the types of development on the site
are proposed to change; however, since the trip generation will remain at the originally
approved level, there is no additional impact anticipated on the roadway system. Water and
sewer demands have been evaluated and are projected to increase from 295,742.5 gallons per
day to 734,436 gallons per day. It has been determined that the demands can be served by
the existing capacities at the City's water and sewer treatment plants. Through a land use
amendment and rezoning in 2002, the property was approved for the development of 500
mulU-family residenUal units. The proposed increase in the number of residential units to 1,55!
residential units requires approval by the Palm Beach County School District. This increase will
also require the payment of additional recreaUon impact fees.
e. Whether the proposed rezoning would be compab'b/e with the current and future
use of adjacent and nearby properb'es, or would affect the property values of
adjacent or nearby properS'es.
The proposed rezoning would be compaUble with the quantum P];D uses to the east of the
property, and with the C-3 Community Commercial uses on the north and west. The land
development regulaUons for the Suburban Nixed Use distdct are designed to lessen the impacts
on surrounding existing development by keeping the taller and more intense structures away
Page 5
File Number: LUAR 03-009
Renaissance Commons (fka Motorola DR]:)
from the perimeter of the property. Additionally, the property is separated from adjacent
properties by roadways or canals.
f. Whether the property is physically and economically developable under the ex/sb'ng
zoning.
Approximately 49.69 acres of the property, currently designated Industrial, is developed with
625,000 square feet of industrial space, including ancillary office and storage. The specialized
nature of the existing buildings limits their potential adaptability for other industrial uses,
including other desirable light industrial uses. The demand in recent years has been focused on
warehousing and distribution; however, after a relatively long period of high construction
activity, the local industrial markets have been negatively affected by the economic downturn.
Given the overall market conditions, it may be cost prohibitive to wait out the pedod of time
required to locate industrial uses that would be a suitable match for this unique type and size of
space. The remaining 35.86 acres is designated Local Retail Commercial and is approved for
development of 63,500 square feet of commercial uses and 500 multi-family residential units.
g. Whether the proposed rezon/ng /s ora scale which/s reasonably related to the
needs of the ne/'ghborhood and the city as a whole.
The size of the property lends itself to a large mixed-use project. The proposed rezoning to a
single mixed-use district will allow for master planning a development that integrates uses and
shares infrastructure, as opposed to the subdivision of the property into a number of single-use
parcels.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is a/ready a/lowed.
There are no sites outside the downtown redevelopment districts that permit a truly integrated
mixed use development of the type allowed under the SMU district regulaUons.
CONCLUSZONS/RECOMHENDATJ;ONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
overall economic development of the City. Therefore, staff recommends that the request to
reclassify the subject properly to Development of Regional Impact (DR/) and to rezone the
property to SMU - Suburban Mixed Use be approved. If the Planning and Development Board
or the City Commission recommends conditions, they will be included within Exhibit "B'.
ATTACHMENTS
S:\Plannlng\SHARED\WP~PRO..1ECTS~Renalssance Commons\LUAR 03-009~'I'AFF REPORT NEW.doc
:1_ ORDINANCE NO. 04- 0 !/'/
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING PROPERTY
5 LOCATED AT THE SOUTHEAST CORNER OF
6 CONGRESS AVENL~ AND GATEWAY
7 BOULEVARD (RENAISSANCE COMMONS);
8 AMENDING ORDINANCE 89-38 BY AMENDING
9 THE FUTURE LAND USE ELEMENT OF THE
2_0 COMPREHENSIVE PLAN OF THE CITY FOR THE
2_2_ PROPERTY MORE PARTICULARLY DESCRIBED
12 HEREIN; THE LAND USE DESIGNATION IS BEING
2_ 3 CHANGED FROM LOCAL RETAIL COMMERCIAL
14 (LRC) AND INDUSTRIAL (I) TO DEVELOPMENT OF
2_5 REGIONAL IMPACT (DRI); PROVIDING FOR
2_ 6 CONFLICTS, SEVERABIL1TY, AND AN EFFECTIVE
17 DATE.
2_8
2_ 9 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
2 0 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
2:1_ Jse Element by Ordinance No. 89-38 in accordance with the Local Government
22 ;omprehensive Planning Act; and
23 WHEREAS, the procedure for amendment of a Future Land Use Element of a
24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
2 5 and
2 6 WHEREAS, after public hearing and study, the City Commission deems it in the
27 ,est interest of the inhabitants of said City to amend the aforesaid Element of the
2 8 ;omprehensive Plan as adopted by the City herein.
2 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
3 0 tHE CITY OF BOYNTON BEACH, FLORIDA, THAT:
31 Section 1: The foregoing WHEREAS clauses are true and correct and
32 incorporated herein by this reference.
1: \CA\Ordinances\Planning\Land Use\Renaissance Colm~ons. 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 Development of Regional Impact (DRI)). Said land is more particularly described as
5 'ollows:
6 dA. THAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL
7 DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
8 BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS.
9
3_ 0 ~LL OF TRACTS 94 THROUGH 107, SECTION 20, OF SUBDIVISION OF SECTIONS
3_ 3_ ~.9 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS PER PLAT THEREOF,
3_2 ~ECORDED IN PLAT BOOK 7, PAGE 20, OF THE PUBLIC RECORDS OF PALM
13 BEACH COUNTY, FLORIDA, INCLUDING 30 FOOT STRIP LOCATED IN SECTION
14 ~.0, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND BOUNDED ON THE SOUTH BY
3_ 5 ~3OYNTON CANAL AND ON THE NORTH BY TRACT 94, SECTION 20, OF THE
16 ~UBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
3- 7 [ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20,
18 PALM BEACH COUNTY RECORDS, ALSO INCLUDING 30 FOOT STRIP SHOWN AS
19 ?.OAD EASEMENT RUNNING FROM CANAL C-16 NORTH TO THE NORTH LINES
2 0 DF LOTS 102 AND 107 EXTENDED OF SUBDIVISION OF SECTIONS 29 AND 20,
21 ?,ECORDED IN PLAT BOOK 7, PAGE 20 OF THE PUBLIC RECORDS OF PALM
22 BEACH COUNTY, FLORIDA, LYING BETWEEN LOTS 96 TO 102 ON THE EAST
2 3 ~ND LOST 94, 95 AND 103 THROUGH 107 ON THE WEST IN SAID SUBDIVISION.
24
2 5 5~LSO, ALL LANDS, INCLUDING LAKE BOTTOM OF LAKE JACKSON AND LANDS
26 DESIGNATED "SAND BEACH" OR "LOW MUCK" OR OTHERWISE LYING
2 7 BETWEEN THE ABOVE DESCRIBED PROPERTY AND WEST OF THE RIGHT-OF-
2 8 WAY OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4,
29 EXCEPTING THAT PORTION OF TRACTS 94, 95, 103, 104, 105, 106 AND 107,
3 0 ;ECTION 20, SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH,
3 ]_ ~ANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
3 2 BOOK 7, PAGE 20, PALM BEACH COUNTY PUBLIC RECORDS WHICH LIES
3 3 WITHIN 50 FEET OF THE WEST LINE OF SAID SECTION 20.
34
35 ALSO, ALL THAT PART OF THE SW lA OF SECTION 17 AND THE NW iA OF
3 6 SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
37 FLORIDA, LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW
3 8 22ND AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1738, PAGE 1686 OF
3 9 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND NORTH OF
4 0 THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43
S:\CA\Ordinances\Plannin~\Land Use\Renaissance Colmmons.doc
1 RECORDED IN PLAT BOOK 7, PAGE 20, HEREINABOVE DESCRIBED, AND
2 OF THE EASTERLY LINE OF RIGHT-OF-WAY OF CONGRESS AVENUE AND
3 ;T OF THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF TIlE LAKE WORTH
4 DISTRICT EQUALIZING CANAL E-4.
5
6 FROM Al ~1. OF THE ABOVE DESCRIBED PROPERTY THE RIGHT-OF-
7 AVENUE, LAKE WORTH DRAINAGE DISTRICT EQUAIJZING
8 ~ANAL E-4 AND RIGHT-OF-WAY OF CANAL C- 16 FORMERLY BOYNTON CANAL
9
21_ 0 Section 2: That any maps adopted in accordance with the Future Land Use Element
11 be amended accordingly.
12 Section 3: All ordinances or parts of ordinances in conflict herewith are hereby
13
14 Section 4: Should any section or provision of this Ordinance or any portion thereof
15 declared by a court of competent jurisdiction to be invalid, such decision shall not affect
16 remainder of this Ordinance.
17 Section 5: This Ordinance shall take effect on adoption, subject to the review,
18 :hallenge, or appeal provisions provided by the Florida Local Government Comprehensive
:1_9 and Land Development Regulation Act. No party shall be vested of any right by
2 0 eirtue of the adoption of this Ordinance until all statutory required review is complete and all
21 egal challenges, including appeals, are exhausted. In the event that the effective date is
2 2 by state law or special act, the provisions of state act shall control.
23 FIRST READING this /(o dayof I~/h~g'c/q ,2004.
24
\CA\Ordinances\Planning\Land Use\Renaissance Cormnons.doc
i SECOND, FINAL READING and PASSAGE this __ day of ,2004.
2 CITY OF BOYNTON BEACH, FLORIDA
3
4
5 Mayor
7
8 Vice Mayor
9
10
11 Commissioner
12
13
14 Commissioner
15
16
17 Commissioner
18 ~TTEST:
19
20
21 City Clerk
22
23 ICorporate Seal)
24
:\CA\Ordlnances\Plannin~\Land Use\Renaissance Conanons.doc
Xll. - LEGAL
I'TE t-1 A.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR 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 3l, 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 c~ ~..<
AGENDA ITEM [] City Manager's Report [] Presentation '-~
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business po --rn
RECOMMENDATION: Please place this request on the July 6, 2004 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved this request under Public Hearing and Legal, Ordinance -
First Reading on March 16, 2004. The corresponding item has returned from the Florida Department of Community Affairs
(DCA) and is now ready for ordinance processing. For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 04-035.
EXPLANATION:
PROJECT: Renaissance Commons (LUAR 03-009)
AGENT: Klm Glas-Castro, AICP, Ruden McClosky
OWNER: Compson Associates of Boynton II, LLC
LOCATION: Southeast comer of Congress Avenue and Gateway Boulevard
DESCRIPTION: Request to rezone from Planned Industrial Development (PID) and C-3 Community
Commercial to Suburban Mixed Use (SMU).
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: _ ~ N/A
Dev61~m~nt E~3-artmen(Darector Ci/y"Manager's Siglaature
Planning and Zoning/Dir'ector City Attorney / Finance / Human Resources
SSPlanning~SHARED\WP~PROJECTS~Renaissance Commons~LUAR 03-009~Agenda Item Request Renaissance Commons 2nd reading rezone LUAR 03-
009 7-6-04.dot
S:~BULLETINLFORMS~kGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DZVZSION
MEMORANDUM NO. PZ 04-035
TO: Chairman and Members
Planning and Development Board
and City ~n
FROM: Dick H ucI~I~rlCP
Senior Planner
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
DATE: February 9, 2004
PRO.1ECT NAME/NUMBER: Renaissance Commons (fka Motorola) Development of Regional
Impact (DR]:) / LUAR 03-009
REQUEST: To reclassify the property from Local Retail Commercial (LRC)
and ]:ndustrial (I) to Development of Regional Impact (DR]:) and
to rezone from P]:D Planned ]:ndustrial Development and C-3
Community Commercial to SMU Suburban Mixed Use
PRO3ECT DESCRZPTZON
Property Owner: Compson Associates of Boynton [[, LLC
Applicant/Agent: Ruden McCIosky/Kim Glas-Castro, A[CP
Location: Southeast corner of Congress Avenue and Gateway Boulevard
(see Exhibit "A")
Project Size _+86.98 acres
Existing Land Use: Local Retail Commercial and Industrial
Existing Zoning: P[D Planned Industrial Development and C-3 Community
Commercial
Proposed Land Use: Development of Regional Impact (DR]:)
Proposed Zoning: SMU Suburban Mixed Use
Proposed Use: Mixed Use Development
Page 2
File Number: LUAR 03-009
Renaissance Commons (fka Motorola DEl)
Adjacent Uses:
North: Right-of-way of Gateway Boulevard then commercial development
(Shoppes of Boynton) designated Local Retail Commercial (LRC)
and zoned C-3 Community Commercial.
South: Right-of-way of the C-16 (Boynton) Canal, then vacant property
designated Moderate Density Residential (MEDR) and zoned R-l-
AA Single Family Residential.
East: Right-of-way of the Lake Worth Drainage District E-4 Canal, then
developed property (Boynton Beach High School) designated
l~ndustrial (I) and zoned P]:D Planned ]:ndustrial Development
(C~uantum Park).
West: Right-of-way of Congress Avenue then commercial development
(Catalina Center) designated Local Retail Commercial (LRC) and
zoned C-3 Community Commercial.
pRO~ECT ANALYSTS
The parcels, which are the subject of this land use amendment, total 86.98 acres. Because of
the size of the property under consideration, the Flodda Department of Community Affairs
classifies this amendment as a "large-scale" amendment. Following local board review and City
Commission public hearing, a "large-scale" amendment is transmitted to the Flodda Department
of Community Affairs (DCA) for review for compliance with the state, regional and local
comprehensive plans prior to adoption. Following the review period of approximately 60 days,
DCA provides the City with a report of their findings in an "Objections, Recommendations and
Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as
transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3)
determine not to adopt the amendment and inform DCA of that decision. According to Florida
Statutes Chapter 163, large-scale amendments may only be adopted during two amendment
cycles each calendar year. An exception to that rule is in the case of a Development of
Regional Impact (DEl) where the law permits amendments to be adopted without being subject
to the twice-yearly restrictions.
The original Motorola DEl as approved in 1979 was, upon buildout, to contain 825,000 square
feet (sq. ft.) of industrial, research and development, and office uses. Following approval,
625,000 sq. ft. of industrial and office uses were constructed, with the remaining 200,000 sq. ft.
of approved office use left undeveloped. In 2002, both the DEl development approval and the
future land use designations were amended to allow the development of 63,500 square feet of
commercial uses and 500 multi-family residential units in place of the unbuilt 200,000 sq. ft. of
office use. The subject request would designate the entire 86.98 acres as Development of
Regional Impact (DR]:), a new future land use designation being adopted through a companion
Comprehensive Plan text amendment (CPTA 03-001) and rezone the property to SMU-Suburban
Mixed Use, a new zoning district also being reviewed concurrently.
Page 3
File Number: LUAR 03-009
Renaissance Commons (fka IVlotorola DP, Z)
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive P/an Amendments: Rezon/ng$. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Hap.
a. Whether the proposed rezon/ng wou/d be cons/stent w/th app//cab/e comprehensive
p/an po#c/es/nc/ud/ng but not//m/ted to, a prohibition against any increase in
dwe///ng unit dens/b/exceeding 50 in the hum'cane evacuation zone without written
approva/ of the Pa/m 8each County Emergency P/arming D/v/s/on and the C/b/'s risk
manager. The planning deparb'nent sha/I a/so recommend/imitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comp/y w/th po#c/es contained in the comprehensive p/an.
The property is not located in the hurricane evacuation zone; therefore, the prohibition against
increasing residential densities does not apply. Other applicable objectives and policies from
the comprehensive plan are dted below.
Objective 1.15 of the Future Land Use Element and its policies provide the basis for approval of
mixed use development in the city, as follows:
"The City shall encourage planned development projects which are sensitive to
characteristics of the site and to surrounding land uses, and mixed-use projects in
IocaUons which are appropriate, and uUlize other innovative methods of regulaUng land
development."
City staff is proposing an amendment to the Land Development Regulations for a Suburban
Nixed Use zoning district, to be utilized for this and other similar-sized mixed use projects that
will not be located in the City's adopted Community Redevelopment Area. Zn addiUon, the
creaUon of a Development of Regional ];mpact land use classification, and the companion
Comprehensive Plan text amendment, will provide site-specific ranges and intensities of uses
allowed.
Policy 1.19.2 provides the directions for redesignation of lands classified as "Industrial" on the
Future Land Use Map:
"The City shall provide continued effort to allow for industrial acreage; however, that
land designated "Industrial" on the currently adopted Future Land Use Nap may be
converted to commercial or residential designations if the conversion (i) would generate
a range of employment choices for current and future residents, provide goods and
services of regional importance, or would provide opportunities for the City to meet its
long-range housing goals; and (ii) is based upon adequate data including market
analysis."
The proposed development for the site is consistent with the cited policy in that it will provide
both commercial and residential development, is expected to generate approximately 1,090
jobs, and provide goods and services, as well as add to the range of housing opportunities in
the City.
Page 4
File Number: LUAR 03-009
Renaissance Commons (fka Motorola DP, J)
b. Whether the proposed rezon/ng would be contrary to the establ/shed land use
pattern, or would create an/so/ated d/strict unrelated to adjacent and nearby
d/~tr/c~, or would cons~'tute a grant of spec/al p#v//ege to an/nd/v/dual property
owner as contrasted w/th the protec#on of the pub/lc we/fare.
The proposed land use amendment and rezoning would create a district which might, on first
examination, seem to be isolated; however, because of the uses allowed by both the land use
designation and the land development regulations, the district would relate to the adjacent
properties.
c. Whether changed or chang/ng cond/b'ons make the proposed rezon/ng desirable.
There are several condiUons that have changed since the DI~, consisting of _+86.98 acres, was
approved in [979. The project was originally expected to develop at buildout with a total of
825,000 square feet of industrial, research and development, and office uses. Even as planned,
this was an extremely ineffident use of land, with a floor area ratio (FAR) of 0.22, compared to
the maximum 0.50 FAR now permitted in the Industrial land use category. The 2002
conversion of a portion of the property to allow for mixed use development was the first step;
however, approximately half of the property remained with an Industrial land use and Planned
Industrial Development zoning. The current proposal to give the entire parcel a single land use
designation and single zoning district will allow for a greater integration of uses and a more
innovaUve design for the entire property. (See item "f" below for further explanation.)
cf. Whether the proposed use would be compab'b/e w/th ub'//ty system~, roadways, and
other pub/lc fac//lb'es.
As a part of the approval for the original DP,[ in [979, the development became vested for
[3,020 daily trips and [,634 peak hour tdps. Even though the types of development on the site
are proposed to change; however, since the trip generation will remain at the originally
approved level, there is no additional impact anUcipated on the roadway system. Water and
sewer demands have been evaluated and are projected to increase from 295,742.5 gallons per
day to 734,436 gallons per day. It has been determined that the demands can be served by
the existing capacities at the City's water and sewer treatment plants. Through a land use
amendment and rezoning in 2002, the property was approved for the development of 500
multi-family residential units. The proposed increase in the number of residential units to [,55[
residential units requires approval by the Palm Beach County School District. This increase will
also require the payment of additional recreation impact fees.
e. Whether the proposed rezoning would be compab'b/e w/th the current and future
use of adJacent and nearby properb'es, or would affect the property values of
adjacent or nearby properb'es.
The proposed rezoning would be compatible with the Quantum PID uses to the east of the
property, and with the C-3 Community Commercial uses on the north and west. The land
development regulations for the Suburban Mixed Use district are designed to lessen the impacts
on surrounding existing development by keeping the taller and more intense structures away
Page 5
File Number: LUAR 03-009
Renaissance Commons (fka Motorola DR[)
from the perimeter of the property. Additionally, the property is separated from adjacent
properties by roadways or canals.
f. Whether the property/s physically and economically developable under the exisb'ng
zoning.
Approximately 49.69 acres of the property, currently designated Industrial, is developed with
625,000 square feet of industrial space, including ancillary office and storage. The specialized
nature of the existing buildings limits their potential adaptability for other industrial uses,
including other desirable light industrial uses. The demand in recent years has been focused on
warehousing and distribution; however, aRer a relatively long period of high construction
activity, the local industrial markets have been negatively affected by the economic downturn.
Given the overall market conditions, it may be cost prohibitive to wait out the period of time
required to locate industrial uses that would be a suitable match for this unique type and size of
space. The remaining 35.86 acres is designated Local Retail Commercial and is approved for
development of 63,500 square feet of commercial uses and 500 multi-family residential units.
g. Whether the proposed rezoning is ora ~cale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The size of the property lends itself to a large mixed-use project. The proposed rezoning to a
single mixed-use district will allow for master planning a development that integrates uses and
shares infrastructure, as opposed to the subdivision of the property into a number of single-use
parcels.
h. Whether there are adequate sites elsewhere/n the dry for the proposed use,/n
districts where such use/s already allowed.
There are no sites outside the downtown redevelopment districts that permit a truly integrated
mixed use development of the type allowed under the SMU district regulations.
CONCLU$IONS / RECOMMENDA~ONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
overall economic development of the City. Therefore, staff recommends that the request to
reclassify the subject property to Development of Regional Impact (DR[) and to rezone the
property to SMU - Suburban Mixed Use be approved. If the Planning and Development Board
or the City Commission recommends conditions, they will be included within Exhibit "B".
A'I-I'ACHMENTS
S:\Plannlng\SHARED\WP~PRO.1ECTS~RenaLssance Commons\LUAR 03-009~STAFF REPORT NEW.doc
1 ORDINANCE NO. 04- 0/~'~
2 AN ORDINANCE OF THE CITY OF
3 BOYNTON BEACH, FLORIDA,
4 REGARDING THE APPLICATION OF
5 COMPSON ASSOCIATES OF BOYNTON 1I,
6 LLC, AMENDING ORDINANCE 02-013 OF
7 SAID CITY BY REZONING A PARCEL OF
8 LAND MORE PARTICULARLY
9 DESCRIBED HEREIN, FROM PID
10 PLANNED INDUSTRIAL DEVELOPMENT
11 AND C-3 COMMUNITY COMMERCIAL TO
12 SMU (SUBURBAN MIXED USE);
13 PROVIDING FOR CONFLICTS,
14 SEVERABILITY AND AN EFFECTIVE
15 DATE.
16
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
18 ~dopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said
19 City; and
20 WHEREAS, Compson Associates of Boynton ti, LLC, owners of the
21 property more particularly described hereinafter, has heretofore filed a Petition,
22 through their agent, Ruden McClosky/Kim Glas-Castro, pursuant to Section 9 of
23 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for
24 Ihe purpose of rezoning a tract of land consisting of approximately + 86.98 acres,
25 ~aid land being more particularly described hereinafter, from PID (Planned Industrial
2 6 Development) and C-3 (Community Commercial) to SMU (Suburban Mixed Use);
27 md
28 WHEREAS, the City Commission conducted a public hearing and heard
29 testimony and received evidence which the Commission finds, supports a rezoning for
3 0 the property hereinafter described; and
:\CA\Ordinances\Planning\Rezoning\Rezoning - Renaissance.doc
1 WHEREAS, the City Commission finds that the proposed rezoning is
2 :onsistent with an amendment to the Land Use which was contemporaneously
3 :onsidered and approved at the public hearing heretofore referenced; and
4 WHEREAS, the City Commission deems it in the best interests of the
5 nhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter
6 ~et forth.
7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY
8 ~OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
9 Section 1. The foregoing Whereas clauses are true and correct and
10 .ncorporated herein by this reference.
11 ~ection 2. The following described land, located in the City of Boynton Beach,
12 ?lorida as set forth as follows:
13
14 a~LL THAT PART OF THE PLAT OF MOTOROLA, A PLANNED INDUSTRIAL
15 DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
16 PLAT BOOK 43, PAGE 139 OF PALM BEACH COUNTY, FLOR]DA PUBLIC
17 ~ECORDS.
]_9 M_l_, OF TRACTS 94 THROUGH 107, SECTION 20, OF SUBDIVISION OF
2 0 ~ECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS PER PLAT
21 THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, OF THE PUBLIC RECORDS
2 2 OF PALM BEACH COUNTY, FLOR]DA, INCLUDING 30 FOOT STRIP LOCATED
2 3 IN SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND BOUNDED ON
2,1 THE SOUTH BY BOYNTON CANAL AND ON THE NORTH BY TRACT 94,
2 5 SECTION 20, OF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45
2 6 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED
27 IN PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY RECORDS, ALSO
28 INCLUDING 30 FOOT STRIP SHOWN AS ROAD EASEMENT RUNNING FROM
29 CANAL C-16 NORTH TO THE NORTH LINES OF LOTS 102 AND 107 EXTENDED
3 0 OF SUBDIVISION OF SECTIONS 29 AND 20, RECORDED IN PLAT BOOK 7,
31 'AGE 20 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLOR]DA,
32 jYING BETWEEN LOTS 96 TO 102 ON THE EAST AND LOST 94, 95 AND 103
33 tHROUGH 107 ON THE WEST IN SA]D SUBDIVISION.
34
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Renaissance.doc
i ALSO, ALL LANDS, INCLUDING LAKE BOTTOM OF LAKE JACKSON AND
2 LANDS DESIGNATED "SAND BEACH" OR "LOW MUCK" OR OTHERWISE
3 LYING BETWEEN THE ABOVE DESCRIBED PROPERTY AND WEST OF THE
4 RIGHT-OF-WAY OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING
5 CANAL E-4, EXCEPTING THAT PORTION OF TRACTS 94, 95, 103, 104, 105, 106
6 AND 107, SECTION 20, SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45
7 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED
8 [lq PLAT BOOK 7, PAGE 20, PALM BEACH COUNTY PUBLIC RECORDS WHICH
9 LIES WITHIN 50 FEET OF THE WEST LINE OF SAID SECTION 20.
10
11 ALSO, ALL THAT PART OF THE SW 1,4 OF SECTION 17 AND THE NW 1,4 OF
12 SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
3_3 FLORIDA, LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW
14 22ND AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1738, PAGE 1686
3_ 5 DF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND NORTH
16 DF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE
17 ~3 EAST, RECORDED IN PLAT BOOK 7, PAGE 20, HEREINABOVE DESCRIBED,
18 AND EAST OF THE EASTERLY LINE OF RIGHT-OF-WAY OF CONGRESS
3_9 AVENUE AND WEST OF THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF
2 0 FHE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4.
21
2 2 EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE RIGHT-
23 DF-WAY OF CONGRESS AVENUE, LAKE WORTH DRAINAGE DISTRICT
24 EQUALIZING CANAL E4 AND RIGHT-OF-WAY OF CANAL C-16 FORMERLY
25 BOYNTON CANAL
26
27 ,e and the same is hereby rezoned from PID (Planned Industrial Development) and C-3
28 Community Commercial) to SMU (Suburban Mixed Use) . A location map is attached
29 ereto as Exhibit "A" and made a part of this Ordinance by reference.
3 0 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended
31 ccordingly.
32 Section 4: All ordinances or parts of ordinances in conflict herewith are
3 3 aereby repealed.
34 Section 6: Should any section or provision of this Ordinance or any portion
3 5 lereof be declared by a court of competent jurisdiction to be invalid, such decision shall
3 6 ot affect the remainder of this Ordinance.
:\CA\Ordinances\Planning\Rezoning\Rezoning - Renaissance.doc
3_ Section 7. This ordinance shall become effective immediately upon passage.
2 READING this /~,9 dayof }r)/~cT~_t'-'C-,l"l ,2004.
3 FINAL READING and PASSAGE this __ day of ,2004.
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor
8
9
2[ 0 Vice Mayor
11
3_2
13 Commissioner
14
15
16 Commissioner
17
]_8
19 Commissioner
21
22
2 3 t Clerk
24
2 5 (Corporate Seal)
:\CA\Ordinances\Planning\Rezoning\Rezoning - Renaissance.doc
m XII. - LEGAL
ITEM A.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned
Me~tin~ Dates i)~ to City Clerk's Office Meetimt Dates in tO City Clerk's Office
[] A,aril 6 2004 March 15, 2004 (Noon.) [] June I, 2004 May 17, 2004 (Noon)
[] Apr:l 20, 2004 ^pri~ S, 2004 (Noon) ~2 ,lune IS, 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) ...4
[] Administrative [] Legal
NATURE OF [] Announcement [] New Business r~ cq c:~
AGENDA ITEM [] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
RECOMMENDATION: Motion to approve amendments to the enclosed revision of Chapter 2, Article 5, Sections
84 through 2-90 of the Boynton Beach Code of Ordinances. (Exhibit "A')
EXPLANATION: The primary change to the current Ordinance occurs In Section 2-90 (6) requiring payment within
90 days of approval by the City Commission or the reduction becomes null and void. This eliminates the bookkeeping
that goes with applicants malting partial payments over an extended period of time.
The other changes involve cleaning up of existing language and have no impact on the application of the Ordinance.
PROGRAM IMPACT: Decrease in staff time used In tracking payments of lien reduction settlements.
FISCAL IMPACT: No impact.
ALTERNATIVES: Not approve amendments as presented.
//Department Head's Signature ~ City Manager's Signature
Department Name [ Cit~Att~m¢~ ~ffi~ance / Human Resources
S:\BULLETIN~',FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE 04-
2 AN ORDINANCE OF THE CITY OF
3 BOYNTON BEACH, FLORIDA;
4 AMENDING CHAPTER 2.
5 ADMINISTRATION, ARTICLE 5. CODE
6 COMPLIANCE BOARD, SECTIONS 2-84
7 THROUGH 2-90, PROVIDING FOR
8 CLARIFICATION AND SETTING
9 PROCEDURES REGARDING LIEN
10 REDUCTIONS FOR CODE BOARD
11 ORDERS; PROVIDING FOR
12 CONFLICTS, SEVERABILITY,
13 CODIFICATION AND AN EFFECTIVE
14 DATE.
15 WHEREAS, staff has recommended that Chapter 2. Administration, Article 5 of the
16 ',ode of Ordinances of the City of Boynton Beach, should be amended in order to lend
17 [arification to the Code Compliance Board Lien Reduction process; and
18 WHEREAS, the City Commission deems it to be in the best interests of the
19 :ommunity and the residents of the City of Boynton Beach to amend Section 2-84 through
20 ;ection 2-90 of the Code of Ordinances to reflect the recommendations of staff, and provide
21 clarification regarding the procedures for the lien reduction of Code Compliance Board
22 )rders;
23 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
24 ~oynton Beach, Florida, as follows:
25
26 ;ECTION 1. That Chapter 2. Administration, Article 5. Code Compliance Board, is
27 tereby amended by adding the words and figures in underlined type, and by deleting the
28 vords and figures in struck-through type, as follows:
29
30 ',ec. 2-84. Lien reduction procedure.
31 The lien reduction procedure is applicable to a tien whichlien, which is in effect
32 ubsequent to the issuance of an affidavit of noncompliance, pursuant to section 2-79.
1
2
3 Sec. 2-85. Criteria for lien reduction.
4 The following criteria must be complied with prior to a lien reduction hearing before the
5 eCode eCompliance bBoard:
6
7 (1) The property in question must be in total code compliance and an affidavit of
8 compliance must be issued for the code enforcement Compliance case that is
9 being appealed.
10
11 (2) The subject property must be free of all outstanding debts (including taxes)
12 due the city.
13
17
18 v~ ~(~o~An application fee of two hundred doll.s ($200.00) must be included for the
19 application to be processed.
20
21 Sec. 2-86. Application for lien reduction.
22 The ~uilding official Code Compliance Administrator or his designee shall provide the
23 application for a lien reduction he~ng. The application will be included with the affidavit of
24 compliance issued by the e~ode enfer:ement administrater Compliance Division. A
25 complete application must accompany each lien reduction request that is to be he~d before
26 the ~oard.
27
28 Sec. 2-87. Application fee for lien reduction.
29 A fee of two hundred doll.s ($200.00) shall accompany the initial reduction application
30 with a fee of fifty doll.s ($50.~) for each additional lien ~"~'; ............ ......~: ......... .... ;~ recorded
31 against the property '~" "';tN th .... ~ ..... ~ ...... ~;~"'~;"~ If all criteria for lien
32 reduction ~e not met under section 2-85, the applicant shall be reimbursed one-half ~e
33 amount of the application fee. If after it has been dete~ned that the criteria under section 2-
34 85 have not been complied with and the application returned to the applicant, a new
35 application and fee must be sub~tted for a lien reduction hemng.
36
37 Sec. 2-88. Lien reduction procedure.
38 A p~y requesting a lien reduction must sub~t a complete lien reduchon application to
39 the eCode_ ~Compliance ~,.-"-;~;-~...~,..Division of the ~";~:~~.-~.,e Police ~
40 Depa~ment upon receiving verification that all con~tions are complied with as stated in
41 Section '~-~,"~'~ ~"" ,~m ~ ..... of '" ...... '~- ,
.................. J ~ ~ ........... ut:~., da*e of tlc a~2davit of compliance. The
42 co'de Code ~ComPliance Aad~nistrator or designee will pr~ess the aPPlication
43 and dete~ne that all required criteria have been complied with under city ordinance, section
44 2-85. If the applicant does not qualify for a hearing under section 2-85, the p~y will be
45 notified in writing of the reasons and refunded one-half of the aPPlication feefees. If the
46 reduction aPPlication is complete, the case will be placed a lien red'dctjon homing g~all Le
1 o,.~'='~"~a..,,,~..,-~, on the next available code Code ,,,,,.~,.~;.,..~,, Compliance beard. Board Lien
2 Reduction Agenda ageoda. The appealing party will be notified in writing of the scheduled
3 date of the hearing at least five (5) days prior to the hearing date. The ~,.,~.4
..... ~: ...... r, ...... ~ A quorum must be present for the board to
5 hear a lien reduction and a majority of the entire board must vote in the affirmative for a lien
6 to be reduced or waived. The -eode-Code eComplJance nf,,)rcement aAdministrator shall
7 submit the board's appeaCLien Reduction Oorder to the city clerk, legal department and the
8 city manager. The code ~Compliance aAdministrator or his designee shall notify
9 the applicant in writing of the b_Board's appe~Lien Modification order within seven (7) days
10 following the entry of the order and of the date of the next e_City egommission meeting when
11 the ec_C_ommission shall hear the bB__oard's recommendation if required.=
12
13 Sec. 2-89. Conduct of hearing for lien modification.
14 The e_Code eCompliance bBoard at a lien modification hearing shall make one of the
15 following determinations: The lien shall be waived in full, reduced to a specified amount or
16 shall be upheld in full. The bBoard shall hear all the facts regarding the specific code or
17 codes the appealing party was in violation of, the date of the original beard Board hearing,
18 the date the affidavit of noncompliance was issued, the date the affidavit of compliance was
19 issued, the current lien amount and all pertinent information relating to the specific case,
20 prior to the bBoard making its determination and order. The lien modification hearing shall
21 not be a hearing de novo of the original case.
22
23 Sec. 2-90. Final orders issued in lien modification hearings.
24 Final orders shall be issued in lien modification hearings in accordance with the following
25 procedure:
26
27 (1) The Code Compliance Board shall issue its order in lien modification hearings
28 in writing in a form approved by the City Attorney. Immediately following
29 rendition of lien modification order, the City Clerk shall furnish a copy of the
30 order along with minutes of the Code Compliance Board's meeting to the City
31 Commission.
32 (2) Lien modification order issued by the Code Compliance Board shall be final
33 unless a City Commissioner or an aggrieved party takes exception to the final
34 order within seven days of rendition of the order.
35 (3) A City Commission or an aggrieved party may request a review of a Code
36 Compliance Board's order by notifying the City Manager or his/her designee
37 of the intent to do so. If review of a Code Compliance Board's order is
38 requested, the City Commission shall review the order of the Board within
39 thirty (30) days of the request for review. On review, the City Commission
40 may hear the position of the property owner, a Code Compliance Board
41 representative, or may rely upon the minutes of the Code Compliance Board
42 proceeding regarding the propriety of the lien modification.
43 (4) The City Commission shall make one of the following rulings:
44
45 a. Affirm the Code Compliance Board's final Board order in full.
..................... t~ .................. order ~n tull.
1 e:. Modify the Code Compliance Board's final order.
2
3 (5) The Commission shall direct the administration to take action consistent with
4 the acceptance, rejection, or modification of the Code Compliance Board
5 order.
6
7 (6) The property owner shall be advised that in the event the property owner does
8 not comply with the Code Compliance Board order, as approved or modified
9 bv the City Commission. within ninety (90) days of the Commission's action.
10 then the Code Compliance Board's Lien Reduction Order shall be of no
11 fu~'ther force or effect, and the ori~oinal lien shall remain on the property. No
12 extensions of the ninety (90) day period shall be permitted, and no further
13 action by the Code Compliance Board or the City Commission shall be
14 permitted regarding lien reduction.
15
16
17 SECTION 2. Each and every other section of Chapter 2. Administration, Article 5.
18 Code Compliance Board, not herein specifically amended shall remain in full force and
19 effect.
20 SECTION 3. Should any section, provision, paragraph, sentence, clause of word of
21 this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be
22 unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall
23 not affect the validity of the remaining portions or applications of this Ordinance.
24 SECTION 4. That all Ordinances or parts of Ordinances, Resolutions or parts thereof in
25 conflict herewith, be and the same are hereby repealed to the extent of such conflict.
26 SECTION & It is the intention of the City Commission of the City of Boynton Beach, that the
27 provisions of this Ordinance shall become and made a part of the Code of Ordinances of the
28 City of Boynton Beach, Florida, and that the Sections of this Ordinance may be renumbered, re-
29 lettered and the word "Ordinance" may be changed to "Section," "Article" or other word or
30 phrase in order to accomplish such intention.
1 SECTION 6. This Ordinance shall become effective immediately upon its passage and
2 adoption.
3 FIRST READING this I ~ day of ~-~ ,2004.
4 SECOND, FINAL READING AND PASSAGE this ~ day of ,
5
6 2004.
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor
11
12
13 Vice Mayor
14
15
16 Commissioner
17
18
19 Commissioner
20
21
22 Commissioner
23 ATTEST:
24
25
26 City Clerk
27
28
29
30
31
32
XII. - LEGAL
CITY OF BOYNTON BEACH ITEM A.6
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 CiW Clerk's Office
[] April 7, 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 (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: Please place this request on the July 6, 2004 City Commission Agenda under Legal,
Ordinance-Second Reading. The City Commission with a 5 to 0 vote approved this request under Legal, Ordinance-First
Reading on June 15, 2004. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 04-112.
EXPLANATION:
PROJECT: Largo Pointe (ABAN 04-001)
AGENT: Juan Perez, Moraitis, Cofar & Kamey
OWNER: Phegley Corporation
LOCATION: North side of Southwest 19t~ Avenue, approximately 800 feet east of Congress Avenue
DESCRIPTION: Request for abandonment of the roadway portion of an unimproved roadway/utility
easement.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: ..~.~ N/A ~~
Development~l'ep~rtm~nt ~)irector Cit371¢lanager's Signature
and Zoni~Director City Attorney / Finance / Human Resources
Planning
S:~Planning~SHARED\WP~PROJECTSXLargo Pointe~kBAN 04-001~Agenda Item Request Largo Pointe 04-0012nd reading 7-6-04.dot
S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. O4- 0 4 3
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT
5 OF A ROADWAY PORTION OF A 270 FOOT LONG
6 UNIMPROVED ROADWAY/UTILITY EASEMENT ON
7 THE NORTH SIDE OF SOUTHWEST 19T~ AVENUE,
8 APPROXIMATLEY 400 FEET EAST OF CONGRESS
9 AVENUE; (ABAN 04-001), SUBJECT TO STAFF
10 COMMENTS; AUTHORIZING THE CITY MANAGER
11 TO EXECUTE A DISCLAIMER, WHICH SHALL BE
12 RECORDED WITH THIS ORDINANCE IN THE
~3 PUBLIC RECORDS OF PALM BEACH COUNTY,
14 FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, the City of Boynton Beach is requesting abandonment of a
18 oadway/utility easement on the north side of Southwest 19th Avenue, approximately 400 feet
19 :ast of Congress Avenue, subject to staff comments unimproved 15-foot wide alley right-of-
20 ray located between N.E. 8th Avenue and N.E. 9th Avenue, subject to staff comments; and
21
22 WHEREAS, comments have been solicited from the appropriate City Departments,
23 [nd public heatings have been held before the City's Planning and Development Board, and
24 he City Commission on the proposed abandonment; and
25
26 WHEREAS, staff has determined that the roadway provides no public service; and
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 ?HE CITY OF BOYNTON BEACH, FLORIDA THAT:
30
31 Section 1. The foregoing Whereas clauses are true and correct and incorporated
32 ~erein by this reference.
33
34 Section 2. The City Commission of the City of Boynton Beach, Florida, does
35 ereby abandon a roadway portion of a 270 feet long unimproved roadway and utility
36 asement located on the north side of Southwest 19th Avenue, approximately 400 feet east of
37 .'ongress Avenue, and more particularly described in the attached Exhibit "A." A location
38 hap is attached hereto as Exhibit "B."
39
40 Section 3. The City Manager is hereby authorized and directed to execute the
41 ttached Disclaimer and cause the same to be filed, with this Ordinance, in the Public
42 [ecords of Palm Beach County, Florida.
43
44 Section 5. This Ordinance shall take effect immediately upon passage.
45
46 FIRST READING this I~' day of ~ ,2004.
:\CA\Ordinances~J3andonments~andonement - Largo Pointe. doc
1
2 SECOND, FINAL READING AND PASSAGE THIS __day of
3
4 ,2004.
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9 Mayor
10
12 Vice Mayor
14
15 Commissioner
18 Commissioner
2O
21 Commissioner
22 \TTEST:
23
24
25 2ity Clerk
26
27
28
;:\CA\OrdinancesV~,bandonments~,bandonernent - Largo Pointe.doc
EXHIBIT "A"
Tract A of "Christian Villas PLAT No. 2", according to the Plat thereof, as
recorded in Plat Book 40, Page 102 of the Public Records of Palm Beach County,
Florida.
:\CA\OrdinancesXJ~be. ndonmentsXAbandonement - Largo Pointe.doc
07:44 6090 CITY:CLERK P~GE 84/05
Location Map ~.,~,~-a. ")
L~RGO POINTE
.)
1
2
3 DISCLAIMER
4
5 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
6 ~lorida, a municipal corporation, under the laws of the State of Florida, does hereby abandon
7 ~ roadway portion of a 270 feet long unimproved roadway and utility easement located on the
8 ~orth side of Southwest 19th Avenue, approximately 400 feet east of Congress Avenue, and
9 note particularly described in the attached Exhibit "A".
10
11 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
12 3each, Florida, have hereunto set their hands and affixed the seal of the City this __
13 lay of June, 2004.
15 ~TTEST: CITY OF BOYNTON BEACH, FLORIDA
16
17 anet Prainito Kurt Bressner, City Manager
18 ;ity Clerk
19
20 :TATE OF FLORIDA )
21 )ss:
22 '.OUNTY OF PALM BEACH
23 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
24 anet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
25 lorida, known to me to be the persons described in and who executed the foregoing
26 ~strument, and acknowledged the execution thereof to be their free hand and deed as
27 ach officers, for the uses and purposes mentioned therein; that they affixed thereto the
28 fficial seal of said corporation; and that said instrument is the act and deed of said
29 orporation.
30 WITNESS my hand and official seal in the said State and County this __ day of
31 me, 2004.
32
33 NOTARY PUBLIC, State of Florida
34 My Commission Expires:
35
;:\CA\Ordinances~,bandonmentsV~bandonoment - Largo Pointe.doc
EXHIBIT "A'
Tract A of "Christian Villas PLAT No. 2", according to the Plat thereof, as
recorded in Plat Book 40, Page 102 of the Public Records of Palm Beach County,
Florida.
S:\CA\OrdinancesV~bandonmentsb~bandonement. Largo Pointe.doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 04-1 t2
TO: Chairman and Members
Planning and Development Board
· THRU: Michael W. Rumpf~Ik,~ ~''
Planning and Zoning Director
FROM: PlannerMaxime Ducoste-A~
DATE: May 14, 2004
SUBJECT: LARGO POINTE
.Abandonment of the roadway portion of a 30-foot wide roadway and utility easement.
(ABAN 04-001)
,NATURE OF REQUEST
The agent for Largo Pointa Townhomes, Juan Perez of Moraitis, Cofar and Kamey, is requesting to abandon a
roadway portion of a 270-foot long unimproved road'~ay and utility easement located on the north side of
Southwest 19th Avenue, approximately 400 feet east of Congress Avenue. This abandonment request was
submitted on Februa~/27, 2004. It is described as follows:
Tract A of 'Christian Villas PLAT No. 2', according to the Plat thereof, as recorded in Plat Book
40,'Page 102 of the Public Records of Palm Beach County, Florida.
The location map attached as Exhibit "A" shows the general vicinity of the portion of the road easement to be
abandoned. The attached Exhibit 'B"- shows the location of the proposed abandonment and its legal description.
The following is a description of the zoning districts and land uses of the properties that surround the subject
easement.
North - Developed professional office building 0Noolbdght Professional Building), zoned
Community Commercial (C-3);
South - Developed single-family residential (Palm Beach Leisureville), zoned Single-family
Residential (R-1AA);
East - Developed single-family residential (Palm Beach Leisureville), zoned Single-family
Residential (R-IAA); and
West - Developed multifamily residential property (Christian Villas), zoned Multi-family
Residential (R-3).
BACKGROUND
On June 20, 2003, the City approved the site plan for the Largo Pointe Townhomes. Largo Pointe is to consist of
20 fee-simple townhouse units on 1.97 acres.. The units are allocated to three (3) separate buildings, all two (2)
stories in height. Two (2) of the buildings contain six (6) units and the largest contains eight (8) units (see Exhibit
'B'- Site Plan).
The Plat of Christian Villas Plat No. 2 established Tract A as a dedicatad 30-foot wide roadway and utility
2
Idemorandum No. PZ 04.112
04-O01
easement as recorded in Plat Book 40, Page 102 of the Public Records of Palm Beach County, Flodda.
81nce the current roadway easement is no longer necessary In the design of the proposed site plan, and the re-
plat of Largo Pointe provides sufficient roadway for ingress and egress, the applicant proposes to vacate the
unnecessary roadway portion of the 30-foot wide roadway and utility easement while retaining a utility easement
to preserve access to existing and future utility lines. This utility easement is located at the eestemmost six (6)
units building of the project.
ANALY818
Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the
easement to be abandoned, all utility companies have been notified and the request has been advertised In the
newspaper. A summary of the responses from the utility companies and city staff Is as follows:
CITY DEPARTMENTS/DIVISIONS
Engineadng - Approval with conditions
Public Works/Utilities - No objection
Planning and Zoning - No objection
PUBLIC UTILITY COMPANIES
Florida Power and Ught - Approval with conditions
Bell South - No objection
Florida Public Utilities Company - No objection
Cable Company (Adelphla) - Approval with conditions
Cable Company (Comcast) - N/A
RECOMMENDATION
Staff recommends that this request to abandon the roadway portion of the 30-foot wide and 270-foot long
unimproved roadway and utility easement, located on the north side of Southwest 19th Avenue, approximately
400 feet east of Congress Avenue as described above, be approved. This recommendation is based on staffs
finding that the roadway easement serves no public purpose, and is subject to the comments Included in Exhibit
'C' - Conditions of Approval. Any conditions required by the Planning and Development Board and the City
Commission will be placed in Exhibit 'C' - Conditions of Approval.
xc: Central File
Location Map
LARGO POINTE EXHIBIT "A"
Y L__~_L_L_L_~
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C3 PC
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8
EXHIBIT
GRAPHIC SCALE
EAST 297.70'
C~ 41 42 43 44 45 46 47 48
~ IWEST~I I I I I I I >~
~ ~__ · PLAT BOOK 40, PAGE 102
~ I I I I I I I
0
I I I I I I I
· . I I I I I I
~ST 332.64'
'~- S.W. 19TH AVE. (60' RIGHT-OF-WAY)
TENTH SECTION PALM BEACH LEISUREVILLE
PLAT BOOK 30, PAGE 129-I41
W.L.FISH &C0MPANY! ABANDONMENT OF TRACT "A",
PP. OFP..SSIONAL SURYETORS ~ MAPP~
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. ~ST PAra BEACH, ~ORIDA 33~1 N.B.L. iDA~: 02/02/04ISHEET j
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11 ,
LARGO POINTE
EXHIBIT "C"
Conditions of Approval
Project name: Largo Pointe
File number: ABAN 04-001
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
Co~maents: None X
POLICE
Comments: None X
ENGINEERING DMSION
Comments: X
1. Engineering has no objection to the proposed wadway e~sement
abandonment, however the utility easement shall be no less than 24
(twenty-four) feet in width to accommodate proposed and existing water
and sewer lines.
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Conditions of Appro~
DEPARTIVfl~NTS INCLUDE REJECT
Comments: None X
PRIVATE UTILITIES
Comments:
1. Adelphia has no objections continl;ent upon ~ranting the proper easement X
to support Adelphia existing facilities.
2. Any and all costs resulling in the relocation or removal of Adelphia X
fadlities due to sa/d abandonment will be done by the customer and/or
property owner and/or requesting party.
3. Florida Power & Light has no object/on to the abandonment contingent X
upon the following conditions:
a) Additional easements must be granted to FPL for any and all
existing or proposed FPL facilities necessary to service any and
all ex/sting and proposed future construction requiring ele~u'/cal
service at the abandoned site.
b) All easements where FPL facilities exist are not considered
abandoned until said facilities are de-energized, relocated and/or
removed.
c) Any and all cost resulting in the relocation or removal of FPL
facilities due to said abandonment are pldd by the customer
and/or requesting party.
AI)DmONAL PLA N G VEV LOP lvr
coNDmoNs
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Largo Points Abandonment
APPLICANT'S AGENT: Juan Perez - Moraitis, Cofar and Kamey
APPLICANT'S ADDRESS: 915 Middle River Drive, Suite 506 Fort Lauderdale, FL 33304
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2004
TYPE OF RELIEF SOUGHT: Request abandonment of a roadway portion of a 270-foot long
unimproved roadway and utility easement, located on the north side of Southwest 19th Avenue,
approximately 400 feet east of Congress. Avenue.
LOCATION OF PROPERTY: Located on the north side of Southwest 19~ Avenue, approximately 400 feet
east of Congress Avenue, Boynton Beach, FL
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 A~lenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of 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:~Plannlng~SHARED~WF~ROJECTS~argo PointeV~BAN
XZZ. - LEGAL
CITY OF BOYNTON BEACH STEM B.!
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tu~
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 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 Ordinance amending Chapter 23 of the Code of Ordinances by creating a new Article IV
Entitled "Additional Homestead Exemption of Twenty-Five Thousand Dollars ($25,000.00) for eligible persons sixty-five
(65) years of age and older.
EXPLANATION: Several Municipalities as well as Palm Beach County have authorized an additional homestead
exemption for persons sixty-five years of age and older who meet the following requirements: 1. the person has legal or equitable title to real estate
2. the person maintains thereon the permanent residence of the owner
3. the person's household income does not exceed $20,000. (This is to be adjusted annually by the CPI index)
4. the taxpayer claiming the exemption submits annually to the Palm Beach County Property Appraiser, not later than
May 1, of each year a sworn statement of household income on a form prescribed by the Florida Department of
Revenue
5. in accordance with rules of the Florida Department of Revenue, the filing of the statement is supported by copies of
any federal income tax returns for the prior year, any wage and earnings statements (W-2 forms), and any other
documents which the Florida Department of Revenue, finds necessary, for each member of the household, is
submitted by June I. The taxpayer's statement shall attest to the accuracy of such copies
6. Property Appraiser Approval. The Property Appraiser may not grant the exemption without the required
documentation.
The time line for having this exemption in place for the 2005 tax year is as follows: · Prior to Dec. 1, 2004 an Ordinance must be sent to the Property Appraiser's Office
· Residents must apply for the exemption before March 1, 2005.
· If resident is approved for the exemption it will be applied to their tax bill sent out in November 2005.
FISCAL IMPACT: Based on the number of Boynton Residence who applied for the exemption the County granted the City
would lose an estimated $35,437 in ad valorem tax revenue. There were 191 Boynton Beach residents who applied for the
additional exemption from the County. The City of Boynton has an estimated 3,239 residents over 65. It is estimated that
25% of that number are resident's who rent thus bringing the number of residents over 65 who own their homes to 2,429. If
10% of that unmber qualified for the additional exemption the City would lose $45,544. in ad valorem tax revenue.
S:~BULLETIN~drORMSL~GENDA ITEM REQUEST FORlVI.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: Not authorize ordinance giving the additional homestead exemption to senior citizens 65 years of age or
older or authorize amount less than the $25,000.
Department Head's Signature /~/~_ ~2pyy Ma~ngger's Signature
Finance L.~(_~~[~
Department Name ~] City A~torney ~ance / Human Resources
S:'d3ULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO.
1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
2 FLORIDA, AMENDING CHAPTER 23 OF THE CODE OF
3 ORDINANCES BY CREATING A NEW ARTICLE IV. ENTITLED
4 "ADDITIONAL HOMESTEAD EXEMPTION"; PROVIDING AN
5 ADDITIONAL HOMESTEAD EXEMPTION OF TWENTY FIVE
6 THOUSAND DOLLARS ($25,000.00) FOR ELIGIBLE PERSONS;
7 PROVIDING PROCEDURES FOR QUALIFICATION;
8 PROVIDING FOR AN ANNUAL ADJUSTMENT; PROVIDING
9 FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN
10 EFFECTIVE DATE.
11
12 WHEREAS, section 196.075, Florida Statutes, provides the requirements for an additional
13 ~omestead exemption for persons sixty-five (65) years of age and older; and; and
14 WHEREAS, the statute provides that a municipality may adopt an ordinance granting an
15 ~dditional homestead exemption as authorized by the statute and submit the adopted ordinance to
16 he Property Appraiser no later than December 1 of the year prior to the year the exemption will
17 ake effect; and
18 WHEREAS, the additional homestead exemption shall apply to all taxes levied by the
19 2ity of Boynton Beach, including, if any, dependent special districts and municipal service taxing
20 ~nits within the City of Boynton Beach; and
21 WHEREAS, the City Commission finds that it is in the best interest of the citizens of the
22 2ity of Boynton Beach, Florida, to provide for such additional homestead exemption;
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIN OF THE
24 CITY OF BOYNTON BEACH, FLORIDA:
25 ~qection 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being
26 rue and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
;:\CA\OrdinancesXAdministrative\Final ADDITIONAL HOMESTEAD EXEMPTION 062504.DOC
Page 1 of 4
ORDINANCE NO.
1 Secho. n~ That Chapter 23. Taxation. of the Code of Ordinances of the City of Boynton
2 Beach, Florida is hereby amended by creating a new Article IV. entitled "Additional Homestead
3 Exemption", to read as follows:
4 Chapter 23. Taxation
5 ~: :g gq
6 ARTICI .F. IV. ADDITIONAl. HOMESTEAD EX'EMPTION
7 Section 23-54. "Additional Homestead Exemption for persons 65 and older."
8
9 (A) Definition.v
10
11 (1) Household means a person or gronp of persons living
12 together in a room or ~m'oup of rooms as a housing unit: but the term does Dot
13 include nersons boarding, or renting, a nortion of a dwellint~_ as defined in section
14 196_075(1); Florida Statutes: as amended from time to time.
15
16 (2) Household income means the ad~iusted gross income: as
17 defined in s. 62 of the llnited States Internal Revenue Code: of all members of the
18 household: as defined in Section 196_076 (1): Florida Statutes; as amended from
19 ~
20
21 (B) General
22
23 (1) The additional homestead exemption a.q set forlh in this
24 section shall apply only to taxes levied by the City of Boynton Beach including, if
25 any: dependent special districts and municinal service taxing units.
26
27 (2) Any person who meets the requirements set forth in (C)
28 below: shall he eligible for an additional homestead exemption in an amount tip to
29 twenty five thousand and 00/1 O0 dollars ($25:000_00).
30
31 (C) Requirements tr~ obtain Additional home.vtead Exemntion
32
33 Any person who has attained the age of 65 years will be entitled to an
34 additional homestead exemntion if:
35
:\CA\OrdinancesLa~dministrafiveW'inal ADDITIONAL HOMESTEAD EXEMPTION 062504.DOC
Page 2 of 4
ORDINANCE NO.
1 (1) the person has legal or equitable title to real estate; and
2
3 (2) the person maintains thereon the permanent residence of
4
5
6 (3) the person's household income does not exceed twenty
7 thousand and 00/100 dollars ($20,000.00); and
8
9 (4) the taxpayer claiming the exemption shall annually submit
10 a request for the additional exemption herein created to the Palm Beach County
11 Property Appraiser: not later than March l: a sworn statement of household
12 income on a form prescribed by the Florida Department of Revenne: and in
13 accordance with roles of the Florida Denartment of Revenue. The ar)nlicant shall
14 submit copies of any federal income tax returns for the prior year. any wage and
15 earnings statements (W-2 forms); and any other documents which the Florida
16 Denartment of Revenue: finds necessary.; for each member of the household: is
17 submitted by June I. The taxpayer's statement shall attest to the accuracy of such
18 c. opiesc_and
19
20 (5) property Appraiser Approval_ The Property Appraiser may
21 n01 grant the exemption without the reouired documentation.
22
23 (D) Houxehold income_ For purposes of (C)(3) above; beginning
24 January 1: 2001: the twenty thousand and 00/100 dollars ($20:000.00) household
25 income limitation shall he adjusted annually: on January 1: hy the percentage
26 change in the average cost-of-living in the period January 1 through December 31
27 of the immediate nrior veer comnared with the same period for the year prior to
28 that_ The index is the average of the monthly consumer-nrice-index figures for
29 the stated twelve month period: relative to the United States as a whole: ismmd by
30 the 1 lnited States Denartment of I .ahor_
31
32 (E) If title is held jointly with the right of survivorship; the person
33 residing, on the nronertv and otherwise aualifvin~, may receive the entire amnnnt
34 of the additional homestead exemption_
35
36 ~ It is the intention of the City Commission of the City of Boynton Beach
37 hat the provisions of this Ordinance shall become and be made a part of the Code of Ordinances
38 )f the City of Boynton Beach, Florida, and that the Sections of this ordinance may be renumbered,
;:\CA\OrdinanceskAdministrativeWinal ADDITIONAL HOMESTEAD EXEMPTION 062504.DOC
Page 3 of 4
ORDINANCE NO.
I m-lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or
2 )hrase in order to accomplish such intention.
3 geetion 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions
4 n conflict herewith be and the same are hereby repealed to the extent of such conflict.
5 ~ If any clause, section, or other part or application of this Ordinance shall be
6 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
7 >r invalid part or application shall be considered as eliminated and so not effecting the remaining
8 ~ortions or applications remaining in full force and effect.
9 Section 6. This Ordinance shall become effective immediately upon its passage and
10 tdoption.
11 F1RST READING this __ day of July, 2004.
12 SECOND, FINAL READING AND PASSAGE this __ day of July, 2004.
13 CITY OF BOYNTON BEACH, FLORIDA
14
15
16 Mayor
17
18
19 Vice Mayor
20
21
22 Commissioner
23
24
25 Commissioner
26 ~TTEST:
27
28 Commissioner
2ity Clerk
,:\CA\OrdinancesXAdministrativeWinal ADDITIONAL HOMESTEAD EXEMPTION 062504.DOC
Page 4 of 4
XII. - LEGAL
ITEM D,1
MEMORANDUM
ITEM D.2
June 23, 2004 ---
~]~ JUN 23 P~f l: 27
TO: Honorable Mayor and City Commission
Kurt Bressner City Manager
FROM: James A. Cherof, City Attorney(, ...~& {d~
RE: Request for Executive Session
Pursuant to Section 286.011(8), Florida Statutes, I would'like to request a closed door
Executive Session be scheduled to discuss pending litigation in the following cases:
Boynton Beach Alliance; and Desiderio Corporation, a Florida corporation; Ewell L.
Miller, individually and Sir Electric, Inc., a Florida corporation, Plaintiffs vs. The City of
Boynton Beach, Defendant - Case No. CA 02-01704 AN;
and
City of Boynton Beach, a Florida municipal corporation, Petitioner vs. Frank Janots,
Theodore Ryan, Gerhard Degen, Robert P. Brown,Charles Felman, Sylvia Felman, Palm
Beach County, County Collection Services, Inc., State Of Florida, Town Of Lake Park, Karl
Hlavac, United States Of America, City Of Riviera Beach, and John K. Clark, Tax
Collector, Palm Beach County, Respondents - Case No. 2003 CA 010606 XXFI)AJ"
We will need approximately 20 minutes for each case. We can discuss dates for the
Executive Session at the July 6th City Commission meeting, however it is my suggestion
that we meet on Tuesday, July 13th, prior to the budget workshop. I will bring this matter
up under Legal: Other.
JAC/ral
S:\CA\COMM\Request for ~x Session -70604.doc