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Agenda 09-21-04 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES &. PROCEDURES FOR PUBUC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). I-OPENINGS ITEM 2. RESOLUTION R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTJNG A FINAL MILLAGE RATE OF 7 _50~ MILLS FOR THE CITY'S GENERAL OPERATJNG FUNDS FOR THE HSCAL YEAR BEG~G OCTOBER 1, 2004, AND ENDJNG SEPTEMBER 30, 2005; PROVIDJNG THAT THE FINAL MILLAGE RATE OF 7.500 MILLS IS 10.84 PERCENT ABOVE THE COMPUTED ROLLED-BACK RATE; PROVIDJNG FOR SEVERABll..ITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, a Final Budget has been reviewed and considered by the City Commission of the City of Boynton Beach, Florida, for the ensuing year, with detailed infonnation, including revenues to be derived from sources other than ad valorem levy, and the City Manager has made recommendations as to the amount necessary to be appropriated for the ensuing year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the final millage rate necessary to be levied against ad valorem valuation of property subject to taxation in the City of Boynton Beach, Florida, to produce a sufficient sum which together with departmental and other revenues will be sufficient to pay for appropriations made in the budget for the Fiscal Year beginning October 1, 2004, and ending September 30, 2005, is hereby set at 7.500 mills plus 0.1800 for Voted Debt Service for a total Final Millage rate of 7.6800. Section 2. The Final Millage rate of 7.500 mills is 10.84% above the computed rolled-back rate. Section 3. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon passage. :\CA \RESO\Budget\2004-05 Budget\Final Millage2004.doc 1 FIRST READING, this _ day of September, 2004. CITY OF BOYNTON BEACH, FLORIDA . Mayor Vice Mayor Commissioner Commissioner A TIEST: Commissioner City Clerk (Corporate Seal) S:\CA\RESO\Budget\2004-05 Budget\FinaJ MilJage2004.doc2 I-OPENINGS ITEM 3. 1 RESOLUTION 04- 2 . 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL 5 YEAR BEGINNING OCTOBER 1. 2004, AND ENDING 6 SEPTEMBER 30, 2005; DETERMINING AND FIXING THE 7 AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT 8 OF THE CITY FOR THE ENSUING YEAR; PROVIDING FOR 9 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. 10 11 WHEREAS, a final budget has been prepared by the City Manager estimating 12 expenditures and revenues of the City for the ensuing year, with detailed infonnation, 13 including revenues to be derived from sources other than ad valorem levy, and she has 14 made recommendations as to the amount necessary to be appropriated for the ensuing year; 15 and 16 WHEREAS, the City Commission has met and considered the recommendations, the 17 suggested budget, and the proposed millage necessary to be levied to carry on the 18 government of the city for the ensuing year; 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA: 21 Section 1- That the final budget of the City of Boynton Beach, Florida, for the 22 fiscal year beginning October 1, 2004, and ending September 30, 2005, is hereby adopted 23 and the appropriations set out therein are hereby made to maintain and carry on the 24 government of the City of Boynton Beach, Florida. There is hereby appropriated the sum 25 of $56,035.842.00 ($54,377,442.00 in new revenue plus $1,658,400.00 allocated from 26 reserve fund balance) the General Fund for the payment of operating expenses and 27 necessary capital outlays for the City Government pursuant to the tenns of the above 28 budget. 29 Section 2. That there is hereby appropriated the sum of $986.013.00 to the 30 interest and sinking fund for the general debt service for the purpose of paying the interest, 31 principal and reserve due on the general obligation bonds of the City not subject to statutory 32 exemptions and for redeeming such bonds as they mature. 33 Section 3. That there is hereby appropriated the sum of $55,317,916.00 to the 34 Capital Improvement Fund for the payment of capital outlays pursuant to the terms of the 1 I above budget. 2 Section 4. That there is hereby appropriated the sum of $7.26?.277.00 to the 3 Solid Waste Fund for the payment of operating expenses and necessary capital outlays. 4 Section 5. That there is hereby appropriated the sum of $2,752,319.00 to the 5 Golf Course Revenue Fund for operating expenses and necessary capital outlays. 6 Section 6. That there is hereby appropriated the sum of $3,903,584.00 to the 7 Beet Maintenance Fund for the payment of operating expenses and necessary capital 8 outlays. 9 Section 7. That there is hereby appropriated the sum of $1,260,000.00 to the 10 local Option Gas Tax Fund for the payment of operating expenses and necessary capital 11 outlays. 12 Section 8. That there is hereby appropriated the sum of $22,988,988.00 to the 13 Water and Sewer Utility Fund for operating expenses and necessary capital outlay. 14 Section 9. That there is hereby appropriated the sum of $4,047 ,008.00 to the 15 Water and Sewer UtiJity Fund for the purpose of paying debt service due on the Water and 16 Sewer Revenue Bonds, the sum of $3,330,000.00 for renewal and replacement and 17 amortization of its Revenue Bond discounts, for a total of $30,365.996.00. 18 Section 10. That there is hereby appropriated the sum of $257,371.00 to the 19 Warehouse Fund for the payment of operating expenses and necessary capital outlays. 20 Section 11. That there is hereby appropriated the sum of $255,104.00 to 21 Cemetery Fund for the payment of operating expenses and necessary capital outlays. 22 Section 12. That there is hereby appropriated the sum of $4,072.575.00 to the 23 interest and sinking fund for general debt service for the purpose of paying the interest, 24 principal and reserve due on the pubJic service tax bonds of the City not subject to statutory 25 exemptions and for redeeming such bonds as they mature. 26 Section 13. That there is hereby appropriated the sum of $2,087.135.00 to the 27 Self-Insurance Fund for the payment of operating expenses. 28 Section 14. That there is hereby appropriated the sum of $264,262.00 to the Mass 29 Transit Fund for the payment of operating expenses and necessary capital outlays. 30 Section 15. That there is hereby appropriated the sum of $748.225.00 to the 2 ____ _.......--0 1 Recreation Program Revenue Fund for the payment of operating expenses and necessary_ 2 capital outlays. . 3 Section 16. That there is hereby appropriated the sum of $663,251.00 to the 4 Community Improvements Fund for the payment of operating expenses and necessary 5 capital outlays. 6 Section 17. That there is hereby appropriated the sum of $4,864,102.00 to the 7 Fire Assessment Fund for the payment of operating expenses and necessary capital outlays. 8 Section 18. All delinquent taxes collected during the ensuing fiscal year as 9 proceeds from levies of operation millages of prior years are hereby specifically 10 appropriated for the use of the General Fund. 11 Section 19. If any clause, section or other part of this Resolution shall be held by 12 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 13 or invalid part shall be considered as eliminated and shall in no way affect the validity of 14 the remaining portions of this Resolution. 15 Section 20. If any clause, section or other part of this Resolution shall be held by 16 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 17 or invalid part shall be considered as eliminated and shall in no way affect the validity of 18 the remaining portions of this Resolution. 19 Section 22. All Resolution or parts of Resolution in conflict herewith are hereby 20 repealed to the extent of such conflict. 21 FIRST READING TIDS _ day of September, 2004. 22 3 1 SECOND, FINAL READING AND PASSAGE, this _ day of 2 September, 2004. . 3 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 22 ATTEST: 23 24 25 City Clerk 26 27 (Corporate Seal) 28 29 30 4 -- III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.l.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office D August 3, 2004 (Noon.) July 19,2004 D October 5,2004 (Noon) September 20,2004 D August 17,2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4,2004 C") C) n=t ...."- =i-< D September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18, 2004:ta -<0 c:: GJ C~ .." I:8J September 21, 2004 (Noon) September 7,2004 D November 16, 2004 (Noon) November 1,200"'" ; w '''0 c::> ::~ -< .""tj -'::2: ~.")~ ::;¡; 0 D Administrative D Development Plans N ;-,,--:,)z '1 .. ""ria:¡ NATURE OF D Consent Agenda D New Business N -fTl AGENDA ITEM N C"» D Public Hearing D Legal 1TlC") ::t: D Bids D Unfinished Business D Announcement I:8J Presentation D City Manager's Report RECOMMENDATION: Pennit presentation EXPLANATION: Until July 18,1979, no commemoration was held to honor America's POW/MIAs, those returned and those still missing and unaccounted for fTom our nation's wars. National POW/MIA Recognition Day legislation was introduced yearly, until 1995 when it was deemed by Congress that legislation designation special commemorative days would no longer be considered by Congress. The President now signs a proclamation each year. In an effort to accommodate all returned POWs and all Americans still missing and unaccounted for fTom all wars, the National League of Families proposed the third Friday in September, a date not associated with any particular war and not in conjunction with any organization's national convention. National POW/MIA Recognition Day Ceremonies are held throughout the nation and around the world on military installations, ships at sea, state capitols, at schools, churches, national veteran and civic organizations, police and fire departments, etc. PROGRAM IMPACT: Will raise awareness of the country's responsibility to stand behind those who serve our nation and do everything possible to account for those who do not return. FISCAL IMPACT: None AL TERNA TIVES: Not penn it presentation ~ .&or ~. ~d . Depart nf Hea s Signature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.l.b CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19,2004 c=J October 5, 2004 (Noon) September 20, 2004 c=J August 17,2004 (Noon) August 2, 2004 c=J October 19, 2004 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18,2004 Q C") C')- ....- - -., ~ September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November 1, 20~ -t-< --(0 G") C) ""'7 1\.) r-03 c.v '''0 ~ Administrative D Development Plans :?2-< :J=a .--::.<:: NATURE OF c=J Consent Agenda c=J New Business ~ 'j) -., - 0° AGENDA ITEM D Public Hearing c=J Legal 9 ""11~ ..c:- ""1103 -fT D Bids D Unfinished Business C> CJ.)::,. fTC') D Announcement c=J Presentation ::z: D City Manager's Report RECOMMENDATION: Proclaiming the week of October 4 through October 8, 2004 as National Customer Service Week in the City Of Boynton Beach. EXPLANATION: As an organization dedicated to serving the public, the City Of Boynton Beach fully supports the ideas and practices embodied in the attached proclamation declaring National Customer Service Week. Special events scheduled during this week will remind our customers how important they are to all of us. PROGRAM IMPACT: We, as a City, can positively impact all of our customers by continually striving to improve our level of Customer Service. FISCAL IMPACT: None ALTERNATIVES: ~'Si_ None ()8/~.s/()1 Signature UTILITIES Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC III.-ANNOUNCEMENTS & PRESENTATIONS Item C.1.c 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 o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4,2004 n C") ("')-i 0 September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 (/) :::¡-< -<0 fT1 (")'1 -0 [8] September 21, 2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November 1,2004- ,--w ~Tlo Ul ;~-< ~:z: -0 ~")~ 0 0 :J: 0 Administrative Development Plans :.:::>z \..D ~ro NATURE OF 0 Consent Agenda 0 New Business .. w -fTl '--'þ AGENDA ITEM 0 Public Hearing 0 Legal - f"I1C"') :x: 0 Bids 0 Unfinished Business 0 Announcement [8] Presentation 0 City Manager's Report RECOMMENDATION: Present Proclamation EXPLANATION: This Proclamation was requested in observance of "Celebrate 350," which commemorates 350 years of Jewish communal life in America. PROGRAM IMPACT: Presentation of this Proclamation will help raise awareness of the many contributions made by the Jewish community to the quality of life for all citizens. FISCAL IMP ACT: None AL TERN A TlVES: Not present Proclamation zJ~/U1 'In. ~~ Departmdrrllead' gnature Public Affairs Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC VI.-CONSENT AGENDA ITEM B.l. 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 o August 3, 2004 (Noon.)July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4,2004 rg¡ September 7,2004 (Noon) August 16,2004 o November 3,2004 (Noon) October 18,2004 <:J o September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November I, 200,f2 ('") --~ ::;-< :~ -<'0 0 0 '- -.... (--") -q Administrative Development Plans 1"':";-) I:]"] rg¡ 0 0) ;~".:) NATURE OF Consent Agenda New Business -- ;:":" --< AGENDA ITEM 0 0 ;:Ä.;X: Public Hearing Legal !:~ <-,-; --I ;:=) 0 Bids 0 Unfinished Business ~_____ ....'i:- OJ -n 0 Announcement 0 Presentation ()1 :i~~ C,,;:> 0 City Manager's Report -..J "';0 ::t: RECOMMENDATION: A Motion to award the Contract for: "THE EXP ANSION/REMODEL OF THE LIBRARY" Bid#017-2610-04/CJD to:SESSOMS CONSTRUCTION COMPANY, INe. of Hollywood, Florida in the amount of: $5.727.485.00 plus a project contingency of $100,000.00. EXPLANATION: On August 24, 2004, Procurement Services received and opened ten (10) bids. The proposals have been evaluated by our Design Consultant Schenkel & Schultz of West Palm Beach Florida as well as our Library Director, Virginia Farace and it was determined that Sessoms Construction Co., Inc. was the lowest, most responsive, responsible bidder overall including the three (3) "Add On Alternates" and who meets all specifications. Virginia Farace, Library Director concurs with this recommendation (See attached memo). The three lowest bidders including additive alternates one, two, three are as follows: 1. Sessoms Construction Company $5,727,485.00 2. DiPompeo Construction Company $5,769,000.00 3. West Construction Company $5,900,000.00 PROGRAM IMP ACT: The purpose of this bid is to seek a Contractor to furnish all materials, equipment, and labor to perform all work in order to expand/remodel the library FISCAL IMP ACT: Account Number Amount Allocated for the Librarv 302-4104-5580.62-01 $ 6,295,000.00 Project (CP0408) - Procurement Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC cc: Virginia Farace - Library 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, APPROVING THE AWARD 6 OF BID NO. #017-2610-04/CJD FOR THE 7 EXPANSION AND REMODELING OF THE 8 LIBRARY TO SESSOMS CONSTRUCTION 9 COMPANY, INC., IN THE AMOUNT OF 10 $5,727,485, AUTHORIZING THE CITY MANAGER 11 TO EXECUTE CONTRACT DOCUMENTS; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, on August 24, 2004, three competitive bids were received, 15 opened and reviewed by Procurement Services, for the expansion/remodel of the 16 library; and 17 WHEREAS, the City Commission, upon recommendation of staff, deems it 18 to be in the best interests of the citizens and residents of the City of Boynton Beach, 19 to award this bid (#017-261O-04/CJD), in the amount of $5,727,485 plus a project 20 contingency of $100,000 to Sessoms Construction Company, Inc., as the lowest, 21 most responsive, responsible bidder who meets all specifications. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 23 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and 25 continned as being true and correct and are hereby made a specific part of this 26 Resolution upon adoption hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida, 28 hereby approves the award of Bid #017261O-04/CJD, for in the amount of 29 $5,727,485.00 and does hereby authorize the City Manager to execute a contract S:\CA\RESO\Agreements\Bid Awards\Bid Award for Library - Sessoms Construction.doc . -- -~~_.~ -.. -- 1 between the parties, which is attached hereto and made a part hereof. 2 Section 2. That this Resolution shall become effective immediately. 3 PASSED AND ADOPTED this day of September, 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 28 29 30 S:\CA\RESO\Agreements\Bid Awards\Bid Award for Ubrary - Sessoms Construction.doc ...¡ o .µ o N ~ Õ ...¡ ~ OM Q » ...¡ c¡ ...¡ ..0 OM H .. ~ o c¡ ...¡ c¡ µ., c¡ OM ¡:: OM Z òO .0 ...¡ U) OM Z Þ ·W ¢ 0 .~ NOCJ) 0 0 0 0 0 X gOroø ~ 0 ~ 0 0 0 W M~~EW W W W ~ 0 goo ~ W W o '. 0 W W W W ~_ 0 0 0 0 0 W W « ~MtOØ>- >- >- >- I'- q - o. q 0 >- >- o .¢!;1::! ú) ~ ~ g ~ uS 0:: o~~W ~ ~ ~ ~ ~ ~ W O~· . ~ ~ , 5 O~~~ a « ~~~~ .. <II' 0 :SQ) ...J ) :;; ~ ~ ...J C .. ~ 'g=> ~ o~~É ~ ~ -g , B : ~ ~ ñi - -0 ~ ~ .~ 12 ) c: ~ CD ~ 'ë8~_ ~ ¡ .2!~8.~ CJ) 0 - ~ -g ~ ~ .; >- g~N ~ g goo 0 § - 0 cu « M M MO' . 0 0 0 .- ~ g¡.g.5-o ~ MI'-~ W W W W 0 ~ ~ <0 ..-i . 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C MV= -' Z .- ~~e~ OC~::;~OO~ (/) ~u; ~ g¡ ~ .E"O 8 ¡¡j m ~ :2 :2 iV (/) (/) ð (/) (/) (/) (/) ~ ::> (/) (/) (/) ~ I!! œ -g œ Z ""WÓ . 0 w w W w w W <{IXI W W W x i5EJ (/) .S~Mg(J) > >~ > > > > 1-0 > > > W ~õ~e º~~ð~~> I- ow ~ ~ :; ¡;¡ ~ ô; ~ OC ~~ s:. ~ ~ Z !! 5~1!! e I-w::;¡Wm~"ª Z (/)~o 'º EE~1! o:I:OO~~Q) - W ~ e=Oœ wgU::>'II:'II:g!z > ~~~æ_ 1-a:~:5:!! ~ 0 ~BÕ¡;- a...M.OXe: 0 $'e;¿': iE~~Ii:~~~ . 0 ~ ~ 0 o-m u) üw~ Z ~(/) Z5M - æ(/) O(f)M ..: ~ OW ~.~ "'~., ~ Zz ül-~ It)v - <{ -u; 3~I- ~~~ (/) (/)::> (/) (/) (/) (/)~::> (/) (/) (/) ~ '19 w w w w w w w W W 1-00 ~vE > >~ > > > > <{IXI > > > ~ (f)ü<{ m~o 0 1-0 0 ZOW ma.. OW ga::m ~~_ 0 ~Z ~ ~O ~~O OC (/)~ ~ > O·Z ~~e: 0 WO 0 ~ fu~<{ 'II:'II:~ ~ > Z <C ::¡;Za.. CD., OC W ~ O-~ 5xë <{ w m _ g,go .s:::.m~ I (/) _ ð ONa.. a..~.... · ~ 0 0 WNW 0 Z"¡ 0 ~~ t- N W -~ W LL ~~ ~ ~ ~ ~ 0 ~ ~ ~ O::>oe( 0 0 ~ 0 ~ ~ ~ <{ ~ ~ C)O Z W ~ I- - c> Q ::¡ W ::>'?O 0 0 ~ (f) 5 != OC ::>0 ~ a.. C «......, u; w oc~ Z <{ ~ ~ OCw ~ ~ o .......ü (/) I- w_ 0 0 0 -0 01- 0 :E UJw~ w¡ß != 05 [; u:: u:: ~w <{!= t> 0 W ~~o ~(/) ~ Q(/) W ~ ~ ~~ ~~ <{ ~ ~ o¡:::o OZ ::> IXI(/) g¡ Z <{ o~ o~ > <{ - ,n ,n ..... a.. w (/) ~ Z Z 0 OC ::.::: Z IXI Z (/) I- OC v Z ~~W ~º 0 00 - -w 0 0::> Ow ~ c> Õ o ~~~ o~ Z I-~ ~ (/)0 <{ ~(/) ~o <{o 00 (/) c;; ZZ~ (/) wß 0 ~ð ëñ 3Q ~ ~(/) ~:5 (/)W g:w !z ~ z ~~o:s ~Q; ~ ~~ ~ 51X1 ~ Q;¡ß Q;a.. ðt: ~t: w l! Q.<C oo=!:t: 0 Wo::> ãi ~::;! W 0z~ ....!. ~z~ Z~æ z~ w~ ~ (/) 000 Z _0 <{.... 0 - I- (/) 0 wm ~m ~ X ___ W >w '*- 1-::> Q ooc Z 0::> 0 oc::> <{::> 0 W CD CD CD > W OC It) (/) 0 en Z a.. <{ 0 IXI 0 :;: I- (/) (/) (/) 0 The City of Boynton Beach Boynton Beach City Library 208 S. Seacrest Blvd Boynton Beach, Florida 33435 Phone: (561) 742-6380 FAX' (561) 742-6381 www.bovnton-beach.orf? www.coala.orl!lhovnton August 30, 2004 MEMORANDUM TO: Bill Atkins, Deputy Director Department of Financiaf Services FROM: Virginia K. Farace ( .r~ Ubrary Director t<.. SUBJECT: Recommendation for -Expansion of the Ubrary" Bid 1017-261 ()..()4ICJD On August 24,2004, Procurement SelVÏces received and pubHcIy opened ten (10) bids for the -Expansion of UbrafY", Bid 1011-2610-04ICJD. The bid consisted of a base bid with provision for five (5) alternates. Three of the alternates were additive alternates, and two (2) alternates were deducts. The alternates were placed In the bid to aUowthe CIlyft&xibility of adjusting the base bid price depending upon the costs of construction. Since the base bid price was favorable compared to budget this allows for accepting all three (3) additive alternates. The three lowest bidders including additive alternates one, two, and three are as follows: 1. Sessoms Construction Company $ 5,727,485.00 2. DiPompeo Construction Company 5,769,000.00 3. West Construction Company 5,900,000.00 It Is recommended that the bid be awarded to Sessoms Construction Company in the amount 01$5,727,485.00 with an allocated project contingency of $100,000.00. Samuel Ferreri, SchenkelShullz Architecture, (letter dated August 27, 20(4) has reviewed the construcIion bids, reviewed the sub-contractors, and checked the references for the three (3) lowest btda. It is the Architect's recommendation to award the bid to Sessoms Construction Company in the amount of $5,127,485.00. As Project Manager, I concur with the recommendation to award the bid to Sessoms ConsIrucIion Company as being the most responsive, responsible bid which includes alternates one, two, and three. Please move forward and prepare the necessary Commission Agenda Item for the September 7, 2004, Commission meeting to award this bid. ee: VVllfred Hawkins SCHENKELSHULTZ OeD ARCHITECTURE ::Jcc August 27,2004 Mrs. Virginia Farace, Library Director City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 RE: City of Boynton Beach City Library Library Expansion / Remodel Review of Bids Dear Virginia: SCHENEKELSHUL TZ has reviewed the bids received on August 24, 2004 and respond with the following recommendations to the City of Boynton Beach. The City received ten bids on August 24, 2004. The bid documents required the bidders to include a base bid and five alternates. The five alternates were included to insure that an acceptable bid would be within the budget. The intention was to award as many alternates that would meet the budget. Alternates one thru three were additive alternates and alternates four and five were deductive alternates. The alternates are as follows: Alternate One (1): Standing Seam Metal Roof: This alternate meets the Requirements of the CRA and the city site plan approval. Alternate Two (2): Re-roof of the existing library roof: This alternate was included to get a separate price for the CIP project included in your budget of $111 ,000.00 (CIP#CP045). Alternate Three (3): Add a ducted return air system to the existing library. The existing system is a plenum return system and the operation and air quality will be improved with a ducted system. The new part of the library will have a ducted return system (part of base bid). Alternate Four (4): Delete new canopy at book return: This alternate provides a Covered canopy at the book return. Alternate Five (5): Delete five parapets on the building. These parapets are added to the existing building to tie the new and old building together. These were part of the CRA and city site plan approval. 1300 North Congress Avenue, West Palm Beach, Florida 33409 Phone 561-697-3451 . Fax 561-697-5210 . www.schenkelshultz.com . Architectural License No. AA-C000937 Page 2 of2 Virginia Farace August 27,2004 Based on the fact that the three lowest bidders were below the budget of $6,295,000 (CIP# CP0408) for the base bid and the three additive alternates and included the re-roof of the existing building (alternate two (CIP# CP0405), our office has reviewed each of their bids and their subcontractors as well as checked the references of the three lowest bidders. It was also clarified to all bidders at the pre-bid conference that it was the intention of the city to take as many alternates as the budget would allow in no specific order. The three lowest bidders including alternates one, two and three are as follows: 1. Sessoms Construction Company, Inc. $ 5,727,485.00 2. DiPompeo Construction Corporation $ 5,769,000.00 3. West Construction, Inc. $ 5,900,000.00 SCHENEKELSHUL TZ would recommend that the City of Boynton Beach enter into contract with the lowest bidder including the three alternates which is Sessoms Construction Company, Inc. If you have any questions or need any additional information, please do not hesitate to call. Sincerely, Cc: Joseph S. Toth, AlA Choli Lightfoot 0320802/ owner outgoing BID TITLE: EXP ANSIONIREMODEL OF THE LIBRARY BID NUMBER: #017 - 261 0-04/CJD PROJECT NUMBER:CP040R . CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 11h day of S(>~temher, 2004, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and SF,SSOM CONSTRTJCTION COMPANY, INC a Florida Corporation LX~ Check One a Florida General Partnership L-J a Florida Limited Partnership L-J a Sole Proprietor L-J hereinafter called "CONTRACTOR". WITNESSETH A. The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: F,XPANSIONIRF,MODF,I, OF THF, I,IRRARV B. Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the _24th_day of A ngJ1~t , 2QQ4 for the total bid amount of $5,727,485.00. C. On the _lth_ day of ~eptemher, ?004, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement. D. The Parties agree that the Project is scheduled to be completed within ill calendar days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C -1 1. AGREEMENT 1.1. The Parties agree that: . 1 .1.1. The foregoing recitations contained in Paragraphs A -C are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CON1RACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by perfonning all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that tenn is set forth in the General Conditions for Construction (GC-2) 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The Contract Documents are the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate of Insurance 2.2.8. Public Construction Bond 2.2.9. Letters of Credit 2.2.10. Technical Specifications 2.2.11. Contract Drawings and Plans 2.2.12. Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties C-2 -..- >--=----- 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shaH: . 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform aH the work and labor pursuant to this contract and all of the materials furnished shaH be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. Guarantee all work and materials for a period of one (1) year. Upon receipt of written notification from the CITY, CONTRACTOR shall correct any defective or faulty work or materials which may appear within one (1) year after completion of the Contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (l0) days of receipt of the written notice. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Release of lien forms to be utìlìzed shall be supplied by CITY. 3.1.6. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.7. Observe and comply with the provisions of the charter, ordinances, .codes and regulations of the City of Boynton Beach, Florida. 3.1.8. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.9. Perform such other tasks as set forth in the Contract Documents. C-3 3.1.10. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. . 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions or the acts or omissions of their subcontracts or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract on or beforea date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within ill calendar days following the commencement date as specified in same. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of completion. 5.3. CONTRACTOR shall notifY the Project Architect in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Architect may direct, and shaU not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. C-4 -_._~-~--_._-_.~------ ----,~-_.'-'--"'- ~._-.--~---- .~---",-..-,-~- 6. LIQUIDATED DAMAGES . 6.1. The CONTRACTOR further agrees to pay $500.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to complete the work within 451 calendar days from the commencement date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the General Conditions for Construction (GC-44, GC-45, and GC-46). 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnifY and save hannless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnifY and save hannless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 millio.n per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceab~e and said provision shaH be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CON1RACTOR shall obligate C-5 CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the Insurance provIsIOn contained In the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the perfonnance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction (GC-57). 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ARCHITECT 11.1. The Project Architect ("Architect") is Choli Aronson 11.2. The Project Architect shall have general supervision and direction of the work. The Project Architect is the agent of the CITY only to the extent provided 'in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Architect is, in the first instance, the interpreter of the conditions of C-6 .'.--.-...... the contract and the judge of its perfonnance, he shall side neither with CITYnòr with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful perfonnance by both parties. . 11.4. In the event of a dispute, the role of the Project Architect is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shan be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finaUy by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of perfonnance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetennined program, an such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WIllI ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WIllI THIS LIMITATION. C-7 CONTRACTOR hereby acknowledges that he has read and understands the above provision. INTIALS . 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction (GC 24) 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Architect and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction (GC-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: City Manager Attest: Approved as to Fonn: City Clerk City Attorney Signed, sealed and witnessed SESSOMS CONSTRUCTION CO., INC. in the presence of: President or Vice President c- 8 -- Attest as to CONTRACTOR State of Florida ) . ) ss: County of Palm Beach ) On this day of , 20_, personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: C-9 ) BIDDER ACKNOWLEDGEMENT . Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: JULY 8, 2004 Bid Title: EXP ANSIONIREMODEL OF THE LIBRARY Bid Number: 017-261O-04/CJD Bid Received By: AUGUST tl! 2004, NO LATER THAN U!OOXM (LOCAL TIME) 24, 11:00 A.M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date ànd time is scheduled for: AUGUST 17,2004. no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and I ¡ codes of the City. Name of Vendor: Sessans Construction Co., Inc. Federal I.D. Number: 5~1532209 A Corporation of the State of: Flooida Area Code: 954 Telephone Number: 431. 7~ Area Code: 954 FAX Number: 436.6700 Mailing Address: 7485 Davie Road Extension City/State/Zip: I-b lly..,ood, FL 33024 /. /' /' Vendor Mailing Date: 00/24/04 . ",""1"'"" ~ "" ~9.UCTlo '" " ~ f:;) ........... /1f. " .- ~ 0 "';'v 0 RA, ~'" (\" ~()l~O \. -'0' ª U1 {St.~ \ - = Authorized Signature _ ~: ,q1A : z_ -: 0 \ ¡ ~() E ~ cP -. '!t:......... i ~...~¡.-!!.<?!~., ~ Lee W. Sessans, Vice President """ ,,-:: N T d IIUltI""'" ame ype THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL T:lA _ 1 -' ~~""""""-~-""-"'-~-~-~'-----~- -- ._-",,-~.-_-~,~ ; BID PROPOSAL . The Bidder agrees to accept as full payment for the: EXP ANSIONIREMODEL OF THE LIBRARY BID #0l7-2610-04/CJD Scope of Work: Construction of approximately 35,000 square feet 2-story addition, & 28,000 square feet of library remodel to include parking and site work. ..... TOTAL PROJECT SUM $5, 5\1\4~5- ~\ .. est +hx, €I,*,~f\~e f\\lG' I \ lor. ~"e ~ ~(ed~\) ~ .::ard Wr hùrdrd Dollars 001. ------ and \00 Cents (amount written in words has precedence) Alternates: A. Alternate No. 01 (additive alternate). Standing Seam Roof: State the amount to be added to the Base Bid for providing all work including labor, materials, coordination and supervision to provide a standing seam roof inclusive of gutters and downspouts for the Rotunda area in lieu of the specified low slope roof with internal drninage. ADD~lXX>~ B. Alternate No. 02 (additive alternate). Re-Roof of Existing Library: State the amount to be added to the Base Bid for providing all work including labor, materials, coordination and supervision to remove existing roofmg at the existing library and install a new roof system meeting the requirements of Section 07520 - Modified Bituminous Sheet Roofing. ADD lllc1) OCO ~ THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP-1 ) C. Alternate No. 03 (additive alternate). . Ducted Return in Existing Library: State the amount to be added to the Base Bid for providing all work including labor, materials, coordination and supervision to provide a ducted air return for the HV AC system as outlined on the Mechanical Drawings. dO ADD foO,ooo .- D. Alternate No. 04 (deductive alternate). Delete canopy roof at existingbook drop and leave existing canvas canopy. State the amount to be deducted from the base bid for providing all work including labor, materials, coordination and supervision to provide new canopy As shown on plans. DEDUCT ;y)) OCû£3. E. Alternate No. 05 (deductive alternate). Delete five parapet roofs at the existing building. State the amount to be deducted from the base bid for providing all work including labor, materials, coordination and supervision to provide new parapets as shown on plans. (10 DEDUCT ~ .000 -- The undersigned bidder agrees to commence work within ten (10) Ç.alendar days after the date of the ''Notice to Proceed" and shall complete the work within 457 calendar days after the commencement date. -/ Original and ~es of bid submitted. ~ Attached is a computer generated horizontal bar chart showing proposed schedule of wòrk. ./ Schedule of Subcontractors submitted. -./ Site Inspection Form submitted. / Evidence of possession of required licenses and/or business permits submitted. THIS PAGE TO BE SUBMI'ITED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP-2 __.__________~ _c __"__~.~_ --, -~~ --.-~~-~ ~ ,,~.~.~____._.~_ -,.~,~.___-..~o¡-., --- ' -.<>,~~ --..- I The undersigned bidder hereby represents that he has carefully examined the drawings and the Contract including all Contract documents and will execute the Contract and perfunn all its items, covenants and conditions, an in exact compliance with the requirements of the specifications and drawings. The bidder, by and through the submission of his Bid, agrees that he has examined and that he shall be held responsible for having theretofore examined himself as to the character of the route, the location., surface and underground obstructions, the nature of the ground water table, conditions and all other physical characteristics of the work, in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in doing the proposed work. The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the event bidder contests the award of this project to another bidder, that the bidder damages, if any, are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for other damages coming from the City's failure to award the project bidder. ",,,,,,,,,, ,,""~"\?:~~~/O""" Date 00/24/04 ~ O~"'VORJ'("'~ " ... Ú .' of/. ~ '. (' ~ ... 'ú Al' A'" : VJ f st.t'" \.)E:?~ ÛJnstruction Co.. Inc. § ~~ 1974 (Njtmc§ofbidder, Corporation, Firm or Individual) I ~~\ ~/.0~~§2 "'. ;¡>...., Fl<).\~'·· .'" ", u- ....._... ,- "" "", . ' ""'IJ~' :(~'/1 . ?' Signature Lee W. Sessans Printed Name Viri3 Pr'PdriPnt I Title 954A31.7rnJ Telephone Number Florida Contractor's License Number CG 0049662 I THIS PAGE TO BE SUBMITI'ED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP-3 ; STATEMENT OF BIDDER'S QUALIFICATIONS . Each Contractor bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of infonnation. This data must be included in and made part of each bid document. -Failure to comply with this instruction maybe regarded as justification for rejecting the Contractor's proposal. * attach additional sheets giving the information 1. Name of Bidder: Sessans Construction Co. , Inc. 2. Business Address: 7485 Davie Road Extension Ho llw.ood, FL 33)24 3. When Organized: 1974 4. Where Incorporated: Florida 5. How many years have you been engaged in the contracting business under the present firm name? 30 6. General character of work performed by your company. Contract Þånìnistration. General \!.abor, Misc. Itan Installation, Rough Car:pentry 7. Enclose evidence of possession of required licenses and/or business permits. Sæ attached 8. Number of employees. 15 9. Back~und and experience of principal members of your personnel, including officers. * Sæ a ched 10. Bonding capacity. $12,(0),00) Single, $18,ŒX>.(0) Aggregate (see attached) 11. Have you ever defaulted on a contract? If so, where and why?* See attached THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL <::!"Q() _ 1 - .~.~-- ~--------""'-~-~---'---q"--.~.--,-- 4 _,__~"._<_.""",~~~_._"_ _._~.<o-__ ,,_ .......t..,-. .-.<.;-.-.,.-~',- --~----. STATEMENT OF BIDDER'S QUALIFICATIONS continued...... I 12. Experience in performance. Project $ Value Contact Name Pbone # Palm Beach Countv Health ,,',.- ~$7.820.5Œ) David L Nelson 850.245.4444 x. 3164 BCC, Health Science Center II $6,775,403 Dr. Wanda Thanas 954.969.2ŒiO Elerœntary ScOOül "P" $9,602,439 Mr. Rick Ragland 954.765.6390 Fire Station #39 & #83 $4,168,836 Mr. Andre.w Scalese 954.572.2487 $4,184,632 13. Contracts on hand. * 14. Largest completed projects (include final cost). 1) Plantation Pointe ApartIœnts, Plantation, FL $11,819,245 2) Pointe @ Bayberry Lake, Penbroke Pines, FL $ 9,466,861 3) Elaœntary School lip" (Manatee Bay), Weston, FL $ 9,602,439 I i 15. List all lawsuits (design and/or construction related) or arbitrations to which you have been a party and which: * See attached 1) arose from construction projects: * 2) occurred within the last 4 years: * 3) provide case number and style: * Dated at: J-b 11 w.ood, FL this 24 . day of -J Äug.Jst 20~1I"'", ~ ", ~S1RUc.."', " 0 ......... ¡' ~o '... ... r. .. po" ... . ~v/~ L'~~ ~,-- ... .- ú ...,,1: . .". /...../ ::~¡ SEAL~\()~ By: // :<:: 0= (written signature) ~i J974 j ~ ~ ~ \. +.... .. ~ ~.~ ····&ORIDJ>o..··· '-. .......... Name: Læ W. Sessans "'10 (printed or typed) "'1111...\"" J Title: Vice President Rev.05ßO/02 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ - 2 ) ADDENDA CITY OF BOYNTON BEACH . FLORIDA BID TITLE: EXPANSION/REMODEL OF THE LffiRARY BIDDER: Sessans Construction Co. Inc. DATE SUBMITIED: August 24, 2004 We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Fonn, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, cons1ruction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: SCHENKEL & SHULTZ (Name of Project Manager/Architect/Consultant) ,I and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE 1 07/15/04 4 00/18/04 2 oo/œ/04 3 00/12/04 THIS PAGE TO BE SUBMHTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A-I --~.~<.. -,-- . .-10-0 .~.;; . -~-.....--,- -::ti I. ... DT1INE 1'~"""h,,~~~;æ!3D~~~~N~2:~~~. ~~E........';A..~..,,<',,<O?-.<g PRSRT::U }\\fl' '>- .... , .,.,."n """"""'H'" ..""µ;;I.....J.~_..,-'._,~","""--"",.~ U.S, POSTAGE ... SESSOMS CONSTRUCTION CO. INC. PAID 1485 DAVIE RO EXT MANASOTA,Fl ~ 0 R I A OA VI E Ft.. 3302400000 PERMIT #710 P.O. BOX 5917 DAVIE, FL 33310-5917 I "",eöNlRoL'NŒ;;ct\~:£':ilCENSE;;ry~i¡;¡i4t~~.J3E6tNNfN~~;~?k~~~~~P.ä~B~~~" 'O~:n3691 LREGULAR" _llo.ltn(2~03 I 9130/2004' '~~-4-431-190~~ ~i';<"';;UCENSIr:#".t~:';;%"·l;f'~;.~ . ~'.::.'-, ;:~- ":'I';<:~~~~~~,þ{;~J,;~_¡¿~ ",," "':., .'",*~...,¡,.~~~~~~, 04-16450 0580q ,,;P)NTf~:"'A.c!tOR: GEN.RES.8LOG , ~:: ?~. \ ~ \ t h -; . ; I c:EP ï::; n03 . ....J I _ oJ - ~ .....-. Reference:' : ·:·-.,.~~~.¡::ftfiMAtL~.ÐflESS'£'~~'.":~¡f'"'~~~Pi ~-, j~' TO: FLÈTCf1fER'SESSOMS " ," SESSOMS CONSTRUCTION CD. INC 1485 DAVIE RD EXT OAVI~ fL 330240000 I It ·1" . i I} I . ·1 ·Ii ·1 011 · J J iI ", ullmllHllwln! 11 Ii I 1111 !III tI. ull! I IIlIli . - - -- ~ - __ - - - -- - ~"-:-'-::-:'--~~--" ::7;...::-'--'-- -- -- -- -g-~~·302-:---= ! ROH:f.aO-;:.)6063 Boai-dof.CouiiïYCè)iilÌ'!l~lOjjers,l;!iCQwa!:d¢ouÌ1tYfJorldli.i.,. . ,....... ,. , · ~1~~~è 2~i' . "fOij.~~~;~~W~~~:~~f~I~~~~tL~::~::~~':~º~~~~~'1·;~:·';""';:i,\*,~~e;;~B.~\:~ff~,..·....... BROWARD COUNTYREvENUE,COLLECn)Ei:.·,'. 20'03 - 2' 00' 4' , - f Ht·,nC:T "1 0 --2003-,--~·~,_·:...._· 115 s. Arïarèws Avenüë;:Gov.ërñrñênfâi.ëe.:¡'.iå{An.ñ- .è.X..'.'.·..·.-' '. ," U U· ~, ' .. I :'~'" '.' , FORT LAUDERDALE,FL 33301 PA¥MENT RECENED.AS VALIDATED A~V: : ", 'SE INSTR CTlgNS ON B~~~,~~~! Ç.C!!!y,. ! ....: <~ . ._;."i...~ -' - . ~.' . - ,~ ~ -" . PAX£)' 1.0/0t/Oð 9Ö2S93Ö..o6oJ: ' ,- '54£00' ~' , >SrSS0L'" .' - '.~ /',. ~ - - ---- - ---- - ---- - - ----------~ - --- ---------- DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION .' CQNSTRUCTIONINDUSTRY LICENSING BOARD SEQ#L04061B01042 LICENSE NBR 06 1! 2004 030734j~7 CGCBOl134 ~ The GENERAL CONTRACTOR Named below Ig CERTIFIED . ........ >, - . : .' .-- Under' t.he provisions of Chapt¢r':189~ FS~ ":..: ,.i_:_>-~_ -_..:,.~ -'. ~ ¡'. .-. . - '~.-- - - -- Expiration date: AUG 31, 2006.·~,':,·::"· :,-;/.:.>__~- _':'::--_~_j.< _0.;,__" . . ': ,'. .:~_j.; :.«--J~'-~ - '-." _0=-. ',n. 0"_ 'O-~-- ,'-:- -r' '-- .. SESSOMS, FLETCHER JR -. SESSOMS CONST CO INC 7485 NORTH DAVIE RD EXT HOLLYWOOD FL 33024-2304 ·JEB· BUSH DIANE CARR .' GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY ~. -- -- Ac#1455 72 3 STATE OF FLORIDA > DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L04061B01043 DATE 06 18 2004 030734335 CGC049662-;· '. The GENERAL CONTRACTOR Named below IS CERTIFIED '._. .... ._ Under the provisions of Chapt~~'~~4~~7FS Expiration date: AUG 31, 2006 ~_. i. SESSOMS, LEE WALTER .,' SESSOMS CONSTRUCTION CO INC .. .~~ 7485 N DAVIE RD EXT ;::~'''' HOLLYWOOD FL 33024-2304 .... ~-~ - ";-. < , .' ~ < 1.-- . JEB BUSH ~', 1· DIANE CARR:) ~-f ..... GOVERNOR . . SECRETAR'f' ·""..-1 ., DISPLA YAS REQÜIRED BY LAw ., ~.-- . . -. ~. --~-~_..-.. --.- -. .O' _. - . -.. - ._--_..._..~-~~~....- .~. ..~.... &94 r_ ".",.. ,- ,~~- ,- ", ¡,:,:'if·...:- , - ;n ~C# , ' ' 4;i'13~' :.-:::-<" "'0, ",:~', ' '·~STAr.e QF"F'lORIDA . ,^ .L. ¡~,; <~~".~; :t ~!;~ £:;J'. ~¡i.,~ ~~#. ia:~~~T~ ~~ '';::\Jj..- .';:';' .\~{: ~.,,~.~ ~~~j ~._: . .._.... " . :-:~.\ :.:ÿ-~~ --:;;~. i-·~r~ :;: ~-" '- ~ ~-..~ : ~"':'~ ~'i". .DBP~~:~ 'OFl~u.sI'NESS' .'AJn> ' 'pROFESSIONAL' REGuLATION -'..;::~~,,: tJi' ~;~.~ c J 2:"$'c~<6'~.~.:.-k~ 't;":1-l'-'< C.1;)~STRU-ÇWJ..pN:'1:NDUS'l'RY LICENSING BOARD . - SE@t,03061-60t)823'''; ~. ~.-''1--:--_-._ LICENSE NBR ~,-·th-t. ;:¡:t~·>"c<, . ,. . ~ .,' ~~n..,.. ';-'.f'-rn-=:-~"...'.. ~:¡ ~~~:'~~~:i43Ó3,~)~~~~~~{t." ;,'~:'",; , :¡,.Jìfbe($.·~ò~a~ti'ÄLIFIED· . !f" " ,_of 'c,_,--~~YsL "c.'">;:,,_~,>,,, r "~~;i~:~i~~nP~~ti¡~i~~~ ~i: C~~ß~ci~. .~~~ ·':,':~~;~1;~Hs~r¿01~~: ',,' '~.::" (T-a;rSIS,<.NOop" A· LICENS]t T.oi(:PER~ '.. ""-';:-.b';-m..fh~itÌí-ows 1~~~t~~~:~~'~~;~ffhJfl~i'ÊR' ) ~~~~. ~J;[) -.;.... DIANE CARR nl~PI AY A~ R~nIIlR~n RY lAW SECRETARY ) NONCOLL USION AFFIDAVIT OF PRIME BIDDER . State of Florida ) County of Broward ) Læ W. Sessans , being first duly sworn, deposes and says that: 1) He is Vice President of Sessans Construction Co., Inc. , (Title) ~mneofCo~orationorFmn) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, ! connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attacbed bid has been submitted or to reftain from bidding in co~ection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, .firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties ~s affiant. (Si~ed) . , . \"","17)~... "" ~,,\~UCTIO "" . W- f) ~ (Title) Vice President ~'Q~'''å7i;;;;':I: ;>s ~ {J¡0Š£~l \O~ - c,,: .. - S cnbed an sworn to before me = ~ i ,Q14 È z: :0\ in;- 24 August ()1. , <p e. .. ... This day of , 20 _ ~ ~""" FLCR.\'V.!;··· $ ',J' ......... ~ M " . '" ".... : y COmmISSIon exp:rr """ ,\\,\, If.n , MY COMMISSION ( DO 125876 EXPIRES: July 20. 2006 HIOO·3-foIOfNIY Fl NcIefy s.Mce & Bcwdng. tna. THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Nf"A _ f ANTI-KICKBACK AFFIDAVIT . STATE OF FLORIDA ) : SS COUNTY OF ~ IIDtJARD ) I, the undersigned hereby du1y sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of" Rtìi firm or by an officer of the corporation. \\\"\ '"'I' ,,\ ~\)CTlo 1,,- .,.-. ", ~~ ,......-..", '-,. ~ ~ ~..·çoRAr~·..0 -:. /" ~úo.··oç.: 1\) ... 0 -:. ./ = ¡ùc...-<' r" \._: - en' ~~ . z- :~~ ,q1ABYio:· - ~ 0 \. ~.l· ~ :----....~, ~ <PJ" ..... FlO~~?'· ~ NA1vffi - SIGNATURE ........ ~n ......... " " .0> " '1 \\' """"'',\\ Sworn and subscribed before me this 24 day of August , 20 04 ) Printed Information: Lee W. Sessans NAME Vice President TITLE ~dR . t9 l[JuMrIJ N TARY PUBU:C, State of Florida at Large 5essans Construction Co. 9 Inc. COMPANY œ MICHELE D. BURNS MY COMMISSION # DD 125876 EXPIRES: July 20. 2006 1~ARY Fl Na48IY Serviœ & Bonding,.nc. "OFFICIAL NOTARY SEAL" STAMP TIllS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE AKA-I __~__,__~~__=_-,.",",.._.~~-..IoO__"",__. N/A CONFIRMATION OF MINORITY OWNED BUSINESS . A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN JNDIAN ( ) ASIAN ( ) BLACK ( ) liSP ANIC ( ) WOMEN ( ) OTHER j (specify) Do you possess a Certification qualifying your business as a '~ority Owned Business"? YES NO - If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification ! THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB - 1 í CONFIRMATION OF DRUG-FREE WORKPLACE . IDENTICAL TIE BIDS Preference shall be given to businesses with drug-rree workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received rrom a business that certifies that it has implemented a drug-rree workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug- rree workplace program. In order to have a drug-rree workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-rree workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. ! 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of. or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. ,. 5) hnpose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehàbilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-rree workplace through implementation of this section. As the person authorized to sign the ~-~~J, certify that h b' " ~t:;, 0 " , tea ove reqUIrements. ~ 0 ............... í'J- ~ / .:- û".. ov.'lOR-q~... 0 ~ ... . 0 At" ... :fIJ! SE \9:/ :: ~: 1974 : i:' -----..._~.~-. ,~o \ . - V d'S' , S ~.... /.r) ~ en or sIgnature I ~/J' ·....f!-.~~~·· ~5œE Wnstructìon Co.. Inc. ";~ \t Ses . . 111"..."",\ ee SO'Œ. Vlce Pres 1 dent THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW - 1 __ _, ~< --t.... ~~---"'- ¡ TRENCH SAFETY ACT AFFIDAVIT . On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFRS.l926.650, as Florida's own standards. The Proposer, by virtue of his signature below, affirms that he is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shan be legally binding on all persons employed by the Contractor and his subcontractors. The proposer is also obligated to identify his anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE V ARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS - ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEP ARATEL Y. THEY ARE NOT TO BE CONFUSED WTI1I BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, TIIE PROPOSERS MUST COMPLETE* TInS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THE~~~OCUMENTS. " III ", :WUCT1o '" ~' ~:"-"""" í1-- ~ Sessans Constructi ~ 00 ···oç.~ORA/"~·... (' , .. ~(j Al' 0'" È VJ[ S£ \. ~ame ofPI' =~~ ,914 :2= ; ~\.. ¡~() ~ ~ ~ ...... ¡:LOP.\Ç,!;··· ~ ~, J' ___., .$ "1 ", "I',ml\\'" Authorized Signature ofProposer--- Lee W. Sessans. Vice President *COMPLETION REQUIRES PROPOSERS TO FJLL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method Ilhfi.t ,'1/ /Ûf'tPt.ß J~7 fi?tJOcJ fh"t:>&CJ 5/iy'b- .- ! THIS PAGE TO BE SUBMITI'ED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE TSA-1 ¡ SAFETY PROGRAM COMPLIANCE . Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to _terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. j As the person authorized to sign the statement, I certify that this nrm complies fully with the above requirements. \\\\'U""" ",\ S1RUCl.~ . ~'o~ ......... l. aIlS Constructlon Co.. Inc. $ Û ..··ó~t'o~..jj;... ~ ~~i0SEAl~\0'~, _~: ;0_- = : :a = _0; 1974 :::::;;= _____ ~()\ l<.:: ...~. . 0... ~,J>·····f.~9J.\?~··· ,/1> AUTHORIZED SIGNATURE "" 'It." """"","'tee W. Sessans. Vice President , THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPC-l .- Sessoms CONSTRUCTION COMPANY, INC - SAFETY PROGRAM OUTLINE . 1) Sessoms Constructíon Co., Inc. (SCCI) holds weekly "Tool .Box" job . site safety meetings. A copy of the attendance sheet and topic discussed are filed on the job. 2) SCCI requires all subcontractors to hold weekly safety meetings and give sccrs Superintendent a copy of the attendance shèet and topic discUssed. 3) Emp10yees are supplied with OSHA-approved safety gear as required to the task being performed. 4) SCCI has a comprehensive drug testing program. 5) AIISCCI jobs follow both OSHA ahd AGC safety guidelines. Note: A complete Safety Program can· be provided upon Teql:Jest. ") [)avie ROad Extension · Hollywóod, FL 33024· ...g.... L . nard (954) 431-7900 · FàX (954) 436-.67a9. CG C~lJ34 .~ .. ~ = . . \. "'. -. . ~ a.I.LL _ -..... _ ._ _" s......., . -. . 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Z ,... z ~ ~ ~ 0 ~ ~ ~ A l:j'>:Ï! ~ ~ C3 :>< ~ u - t: 6 ~ ;¡; ¡¡¡ '" h r~' ~ 0 0 ~ u 0 ¡jJ": G ;;:; ¡:; .!!- .. .. ¡;;¡ p-< N ::;:' .D ,. ... ~ ~ ~ ..~ '" - ... ;¡¡' 0 '>0 ê.. ~ 0 "" ~ z 0¡j z t; a -<. is,, ~~ ~ ...'> . ... -< '" 00 ~ <e '" ~< ~ ~ ~~ '" ü .... ~ ~ ... ~ ~ ~~ >< '" _ ~ë5 ~ ?; G ø"~ '" ~ z"'· ~ ~ ~~~ ~ ~ ~9~~ z b 0 ~ ~ " t ~ ~~ < Q 000 ~ ~ ..... ~ ~ ~~ o b ...~ U ~ ~ ~~ ~ <z. 0 ~.. ",. ~ e ~ ~~ ôê5 ê: . ~~. ~b ~o ~ ~~ P-<ü ~ S r/J -< A o?; ¡ø~ ~ ~< ~z ,e ~ ~ 0 0 , '" ~~ ~¡;¡ t;/) t-I ~ ;:J ~ü ~tI) o~ :.( eO Z ÇQ~ The City of ~[A~~ ~ o~ :~J~1 Boynton Beach io.. -:4ø t}C , . ~ ... ~ Procurement Services 100 E. Boynton Beoeh BouJevnrd p. 0.. Box 310 Boynton Beach. Florida 33425-0310 Telephone: (561) 742-6320 FAX: (561) 742-6306 ADDENDUM #1 DATE: JULY 15,2004 BID TITLE: EXP ANSIONIREMODEL OF THE LIBRARY BID NUMBER: #017-2610-04/CID . The- foUowmgchanges, additions; deletions, 3Ild/or information ar~ hereby. made a part of the Bid for the "EXPANSIONIREMODEL OF THE LffiRARY", BID #017-2610-04/CJD. DOWNLOAD OF PLANS FROM DEMANDSTAR: When the original plans were uploaded into DemandStar for the bid solicitation the landscaping documents were not included. Therefore, if you downloaded plans ITorn DemandStar you will need the landscape docmnents ITorn Addendum #1 to complete your set. l!URCBASEOF-PLANS-FROM ARCHITECTURE: If you purchased the plans ITorn Schenkel/Shuhz Architecture the landscape documents were included and your set of plans are complete. \\\""",", ..,,\ o,,",STRU "" ..'t . G............ C' ~ '-=- Sessans Construction Co., Inc. ~ ~ ....CORP0,i·. /0 ~ '~. ...- : ... SEA"'i\~= Company Name . l . 0- :(1): 1 :- - c.n . 974 . 0 - -:.~... ¡. -.: ,ø.....<- ..,::' œ/24/~ ...{?.'~!r¿~.....:.~ ~..$ Signature ' .... Date '" \' '¡,'~,1!~\\\\ ~~~Y'4- Bill Atkins Deputy Director of Financial Services /cm cc: Virginia Farace - Project Manager Samue) Ferrieri - Architecture Demandstar.com Shelf Copies File THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ~ _ .'___">;c ,-,-- -...... ...~,,---- r~;;:ir; I~n WI IE P I i 'I ~ I,~ ','" ,r ¡ L f'- , : The City of : , --'--1' i " - ¡ U U: AUG 1 0 2004 Boynton Beach ' ryi~eJfJ~ j sC;Ç:, ~.:~)~~:~ Procurement Services .~y_. 100 E. Boynton Beileh Boulevørd P.. 0.. Box 310 Boynton Beach, Florida 33425·Œ10 Telephone: (561) 741-6320 FAX: (561) 742-6306 ADDENDUM #2 DATE: August 9, 2004 BID TITLE: EXPANSION/REMODEL OF THE LIBRARY BID NUMBER: #017-261O--04JCJD The foUowmgchanges, additions, -deletions, andIor information are hereb-ymade a part of the Bid for the "EXPANSION/REMODEL OF THE LIBRARY". I ADDENDUM NO.2, to Drawings and Specifications dated October 15, 2003 for Boynton Beach City Library, Boynton Beach, FL., as prepared by SCHENIŒLSHULTZ, 1300 N. Congress Ave., West Pahn Beach, Florida 33409. 'ßñs ADDENDUM NO.2 -sbaUhereby-be and become a partoftheGmtract Docomentstbe same as if originally bound thereto. The tòIIowingclarifiC8Û0Ds, -amendmen~ -additiœs, revisioos,dlangesaodJOOdificationsc:haDgethe original Contract I>ocumœts only in the amount and to the extœt hereinafter specified and set fur1h in this ADDENDUM NO.2. .. The City of Boynton Beach . Procurement Services 100 E. Boynton Belich Boulevard ~h) æu-t~ ~ ~~ [E F> 1 p. a Box310 Boynton Beach. Florida 33425"()31O Telephone: (561) 742-6320 I ¡ L~ r---- __u__! . FAX: (561) 742-6306 I , r- \ t, \ \ U Ul AUG 1 3 2004 L_ ¡ S¡:<:::~i"U ; .~ 'v.,··.· )"'" ._ ADDENDUM #3 7_..~' DATE: August 12, 2004 BID TITLE: EXPANSION/REMODEL OF THE LIDRARY BID NUMBER: #0 17-261 o.,041CID- The-foJlowing -changes, additions, deletions, and/or information are hereby made a part of the Bid for the "EXPANSIONIREMODEL OF THE LmRARY". ADDENDUM NO.3, to Dràwings and Specifications dated October 15, 2003 for Boynton Beach City Library, Boynton Beach, FL., as prepared by SCHENKELSHULTZ, 1300 N. Congress Ave., West PaJrnBeach, Florida 33409. Thìs ADDENDUM NO.3 'shaiHrereby'be-andbecome apart of1heContract Docmnents the same as if originally bound thereto. The . following . clarifications, amendments, additions, revisions, -changes -and modifications change the original Contract Docwnents only in the amount and to the extent hereinafter specified and set forth in this ADDENDUM NO.3. ,-; CHANGE BID-OPENING DATE FROM AUGUST 17. 2004 AT 2:30 P.M. TO: . AUGUST 24. 2004 AT 11:00 A.M. CONFERENCE ROOM "B" CITY HALL 1 - -_.------,"--.>;.0.- <- ~_..-~.__ _>~ _~_ .~. 0_ _ ---t._ --- MECHANICAL/ELECTRICAL Item #15 - DRAWING SHEET NO. EI 01, ELECTRICAL DEMOLITION PLAN A. Add the following general note to Drawing EIOI, "Disconnect and remove· existing fire alarm equipment after the new fire alarm system is installed; operational and inspected." CLARIFICATIONS PERMIT FEES A. Pennit fees for the project will be 2% of construction cost, 30% of that cost at time of submittal. ELECTRIC BILL A. The Contractor must provide temporary power during the new construction phases. The Electric wi11 be maintained through the remodel phase with the understanding that the air conditioning will not be used. SITE FILL A. Fill excavated ITom property can be used as site fill. . \\'''''"'''1. "" ONSTRú. "'''- ,.... G........ (\ ~ , ..- -../".., ~ ..- S ~\ ~ - 0: ê~ ~...\'Z-~ = Chi ltf\: = .~'~.-.. .' - U): '9 : () - ; ~ \ ~ r:R:!l4/ryi.o § . .... Signature Lee W. Sessans, Vice President ' e.. .... ~ ~ -;~ --·0 ...~ "" \", "'IIUn\\\\ ~~~ Bill Atkins Deputy Director of Financial Seryices Icjd C: Schenkel & Shultz - Sam Ferrieri Schenkel & Schulz - Cho1i Aronson Virginia Farace - Library Director Richard Fiege - Facilities Manager Demandstar.com Shelf Copies File 8 The City of Boynton Beach . Procurement Services 100 E. Boynton Beøeh Boulevard P. O. Box 310 Bo}nton Beach. Florida 33425-0310 Telephone: (561) 742-6320 FAX: (561) 742-6306 ADDENDUM #4 DATE: AUGUST 18, 2004 BID TITLE: EXPANSION/REMODEL OF THE LffiRARY BID NUMBER: #017-2610-04/CJD The following "Changes, -additions, deletions, and/or information are -hereby made a part of the Bid for the EXPANSIONIREMODEL OF THE LIBRARY BID#017-2610-04/CJD ADDENDUM NO.4, to Drawings and Specitications dated October 15,2003 for Boynton Beach City Library, Boynton Beach, FL., as prepared by SCHENKELSHULTZ, 1300 N. Congress Ave., West Palm Beach, Florida 33409. This- ADDENDUM NO.4 shall hereby be and become apart of the Contract Docnmœts the same as if originaDy bound thŒetO. The following clarifications, amendmettfs-, additions-, revisions; changes and modiñcatims- change the Œiginal Contract Documents only in the amount and to the extent hereinafter specified and set forth in this ADDENDUM NO.4. CHANGES TO PREVIOUS ADDENDA ..--- -- ..~~ ~ IEJ~~ Ii n '\/) j: ARl:WTECTURAL (No Architectural changes to Previous addenda) ~[ AUG 1 9 2004 CIVIL (No Civil d1aDge> ro Previous addœda) LANDSCAPE (No Landscape changes to Previous addenda) STRUCTURAL (No Structural Œ3Ilges ,to -Previous addeoda) SE:Ssor.':~ C -~ --~.~ MECHANlCALlELECTRICAL (No McchanicalÆlcctrical changes to Previous addmda) THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE 1 CONSIDERED COMPLETE AND ACCEPTABLE - . - . n. _ ____ _____ _ ~ ~._.d_· ~ __ "_'-"_d>,"_"~_-.~'..______ _-_'>--!~ -'---'~_.- STRUCTURAL (No Structural chanl!.es to the Drawinl!.s) MECHANICALIELECTRICAL ITEM NO.8.: DRAWING SHEET NO. E302. P ARTlAL FIRST FLOOR POWER AND SYSTEMS PLAN A. Add junction box with circuit K-23 for above door lighting. . CLARIFICATIONS ITEM NO.9.: LOUVERS A. Louvers shan be Ruskin ELF6375DXD Drainable Stationary Louver or approved equal. Louvers shall be Miami-Dade Hurricane and Missile Impact rated. Coordinate fmish with Architect. ITEM NO. 10.: ADDENDA SUBMITTAL A. It is mandatory to submit an addenda signed by an officer of the company in order for bid package to be I \\,,'U"I, comp ete. ,,\\' S1RUC "'" ~' O~.···..··..'IO ~ INSERT DRA WINGS ~ 0.{å9.po~-ij;...~ ~ ~ c,,! SEA( \0~ =~: :0: - 0 i 1974 :. = -C/>- --- ':-fI)~ !~: #II' -. .,: "- , -.. ,.. ~ ~, ...-..... ~ '" ,\,.... "'1'",,,\\\ -'-'. 00/24/04 Signature Lee W. Sessans. Vice President Date ~~~ Bill Atkins Deputy Director of Financial Services /CJD cc: Virginia Farace - Library Director Samuel Ferrieri - Consultant Choli Lightfoot - Consultant Demandstar.com Shelf Copies File THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE 3 CONSIDERED COMPLETE AND ACCEPTABLE ~ 0 ~ ~ I I ! i I I §~%~ I ~ o!l !2 ~~Io> " m ~ :!! ~ , . -0 ~ ~ I I ~ U>'-U ~'g\~ '" g 5. ~ 0 L ~-n~ ~ (þ Q. c.ncnoº 3 ~ CD m 0 ~ ?f Q. en nO"" (I) ~~~~ ¡¡ 'I¡¡I¡¡ ~ »owOUJ Cmom Q.g~f} G)..~"'t) ~~g2 o 0 I I ~,~ . , ! r" 0,0 co 0'0 3 ::J]:3 0 "n~ ~li~ I Hi~; ;;: ::J 0,3 ::J ~iÞ;~ = ~ ;!~ ~ :> :: ~ ~ I g :!~! jr ° ~ toj m 0 0 2.:!! §:\ ~ ~ A t ~ ~ Ji! w - '~~gCO :-9 ::;- ., , ..~ I ~œ' , II> ~'CO 0 ¡ CD m n 0 u_u i- i ~nr-- 'I · g " · ¡ 0 .., en ~ O::J cþ - - ~-o-~-!!?- ,,- I ~œ~g ; g- ~ ~ ~: ¡ œ - g Õ ! ¡3rn~ 0 - 1 - - -. l' ~- -rr - - -"'-- In ~,æ g g tD o CD' C) C. """II 0 o ~ì 0 -n ' I g ~:~ g ::J o g æ --i-rp i Ii!' Dr tD 0 .. co 3 !!.. 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I , I · ~ 1 1 I ~ .... \........ ·······1··········· ······1········ I . ! , i ¡ t I ¡ ! j . -. - - J - - - - -. - - - . - - - - - - " - ~ - - - - - - - - - - - - - - - - - - -t- - - - - -- .. ì ¡ I ! i VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.l. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2,2004 o October 19,2004 (Noon) October 4, 2004 ~ September 7, 2004 (Noon) August 16,2004 o November 3,2004 (Noon) October 18,2004 o September 21,2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal n 0 Bids 0 Unfmished Business 0 n-4 .¡:.- =i-< 0 Announcement 0 Presentation J::- -<0 C n--" 0 City Manager's Report G") ,.-- CD - ¡-710 G" .~-< '--2: ::Pa ,. ;; -I RECOMMENDATION: Motion to accept the agreement with the Palm Beach Post to institute a branding'1ánd'::-:' ~ sponsorship campaign for recreation and parks. . -:- ~ co -rrl 1',,) C)þ EXPLANATION: The Palm Beach Post is interested in supporting and reaching citizens through parks ~ recreation programming in the City of Boynton Beach. The attached Branding and Sponsorship Campaign outline (Exhibit "A") provides $60,000 in funding for recreation and park facilities over the next three years. As with grant funding, this provides opportunities to enhance our operations and offset costs inherent to providing high quality programs and well-maintained parks. PROGRAM IMPACT: Enhancing public/private relationships is important to the City of Boynton Beach Recreation and Parks Department and thus the branding and sponsorship campaign was developed to provide monetary and promotional support for recreation programs and parks over a three-year period. FISCAL IMPACT: $60,000 in sponsor income from this community partner for parks and a wide variety of recreation programming over a three year period to support parks and recreation activities. ~t.=:::;igoa"'" Recreation & Parks Department Name City Attorney / Finance / Human Resources S:\BULLETINlFORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R 04- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 5 THE EXECUTION OF THE AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH AND THE PALM BEACH 7 POST; AND PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, upon recommendation of staff, the City Commission has detennined that 10 it is in the best interests of the residents of the City to execute an Agreement with the Palm 11 Beach Post to institute a branding and sponsorship campaign for recreation and parks. 12 13 NO'V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 14 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 15 16 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 17 being true and correct and are hereby made a specific part of this Resolution upon adoption 18 hereof 19 20 Section 2. The City Commission of the City of Boynton Beach, Florida does 21 hereby authorizing execution of the Agreement with the Palm Beach Post, which is attached 22 hereto as Exhibit "A". i 23 24 PASSED AND ADOPTED this _ day of September 2004. 25 26 CITY OF BOYNTON BEACH, FLORIDA 27 28 29 Mayor 30 31 32 Vice Mayor 33 34 35 Commissioner 36 37 38 Commissioner 39 40 41 Commissioner 42 TTEST: 43 City Clerk ~g :caIResolAgr\PaIm Beach Post! Branding and Sponsorship ~gn for Parlcs 46 .. ._-----"- ~----_._---- -~. -....'"' -,.- RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 04-106 TO: Mayor & Commission VIA: Kurt Bressner, City Manager FROM: Wally Majors, Recreation & Parks Director r/¡r; DATE: May 19,2004 SUBJECT: Branding and Sponsorhsip Campaign with the Palm Beach Post In an effort to create additional revenue sources for our department, Sr. Recreation Manager Virginia Shea has developed a Branding and Sponsorship Campaign with the Palm Beach Post. This campaign is a partnership that will provide the Recreation & Parks Department with $55,100 in cash sponsorships and $70,228 "in-kind" contributions over a three-year period as described in the attached executive summary. The department will recognize the Palm Beach Post on signage and banners that must be approved by the City, which will be displayed at various parks and recreation facilities Our legal department has reviewed the various elements of the Branding and Sponsorship Campaign and they have prepared a formal agreement that we will submit for formal approvaL The term of the Agreement shall be for three years beginning on October 1, 2004. C: Wiltred Hawkins Virginia Shea /wm The City of Boynton Beach Recreation and Parks Department Branding and Sponsorship Campaign with The Palm Beach Post Executive Summary Attached is the Branding and Sponsorship Campaign, slated to be on the Commission Agenda for approval on September 21, 2004. The Campaign will begin, if approved, in October 2004 and will last through September 2007. The Campaign details the benefits of a partnership between the Boynton Beach Recreation and Parks Department and The Palm Beach Post, and it will provide funding for Recreation and Parks Department facilities and programs. The campaign's listed opportunities include funding for the new playground included in the Jaycee Park plans, sponsorship of the center court of the Tennis Center, sponsorship of between 800 and 1,000 youth tee shirts for summer program participants, and a partnership in presenting the annual anniversary parties of the opening of Intracoastal Park. The benefits to the City Of Boynton Beach are detailed in the table below, showing cash and in-kind dollars: 1st Year 2nd Year 3rd Year 2004 2005 2006 Ads/In-Kind I Tennis Center $10,000 $2,500 $2,500 41/4 pg x 4 tournaments::: 16 $48,128 I Jaycee Park construction $8,500 $8,000 $8,500 Banners $2,000 $2,000 $2,000 T-shirts for Summer program participants $0 $0 $0 $9,300 Advisorv Brd. Children & Youth Youth Expo $800 $0 $800 4 1/4 pg x 2 ::: 8 $3,200 Big Truck Rally $0 $250 $250 4 1/4 pçp 2 ::: 8 $3,200 Art Explosion at Hester Center $0 $250 $250 4 1/4 pg x 2 ::: 8 $3,200 Annual Holiday Parade $500 $500 $500 Intracoastal Park Anniversarv Parv $2,500 $2,500 41/4 $3,200 Cash Total $21,800 $16,000 $17,300 In-kind Donations Total $70,228 Grand Total $125,328 CITY OF BOYNTON BEACH RECREATION AND PARKS DEPARTMENT AND THE PALM BEACH POST BRANDING AND SPONSORSHIP CAMPAIGN 2004 - 2007 History The City of Boynton Beach initially offered recreation programming beginning in the 1950's. The City's parks were maintained by the Public Works Department. In 1979, recreation programming, facility management and parks maintenance merged to create the Recreation and Parks Department. There are now eight facilities and 283 acres of park properties (developed/scrub land and undeveloped properties) and open space. Recreation facilities alone serve the recreational needs of 350,000 participants each year. Features The city's premier facilities include the new Intracoastal Park on US 1 with a beautiful waterfront view; Hester Community Center, a 19,000 square foot building and 23 acre park featuring a full size gymnasium, athletic fields, classrooms and game rooms; the Art Center, featuring a fully functioning visual arts learning program for adults and children (ages 12 months - 99!); the Tennis Center featuring 17 Har-Tru and 4 composite surface tennis courts and a pro shop; and the Senior Center, with gardening; exercise, game, and entertainment rooms for the active older population. Our Image We seek to be recognized as a strong and influential municipal recreation and parks department offering the highest in quality programming and the availability of clean and inviting open spaces for passive and active play. We strive to present a focused and clear image to our diverse customer base. Our Mission We exist to engage Boynton Beach citizens in diverse recreational experiences and to cultivate parks and '1pen spaces. Our Slogan We Make Life Fun! Customers Our primary interest and understanding focuses on providing a wide variety of recreational experiences to a very diverse audience of residents, non-residents, businesses and visitors to Boynton Beach. We provide these customers with as much information about our programs as possible, through a variety of media, focusing on the individual benefits recreation and parks will bring to their lives. PARTNERSHIP AND BRANDING CAMPAIGN INCLUDES THE FOllOWING: Boynton Beach Tennis Center Jaycee Park Park/Facility Signage Boynton Beach Summer Youth Program Tee Shirts Boynton Beach Youth Expo Art Explosion The Big Truck Rally Bovnton Beach Tennis Center As the presenting and exclusive daily newspaper partner, The Post will pay the City the following amounts, no later than the dates indicated: 1. Ten Thousand and 00/100 Dollars ($10,000.00) no later than October 8,2004; 2. Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) no later than October 1, 2005; and, 3. Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) no later than October 1, 2006. 1 The Post will provide the City with a minimum of four quarter page ads for each of the City's four sanctioned tournaments each year for the term of the Agreement. In consideration of the above-referenced payments, the City will provide The Post with the following: 0 a north/south facing sign will be constructed on S. Congress Avenue at the Tennis Center. For illustrative purposes, the sign will appear as depicted below, and will include the following phrase or something similar (with approximate letter size listed in parenthesis): The Boynton Beach Tennis Center (8'? Featuring The Palm Beach Post Center Court (6'? 311 South Congress Avenue (4'J Sample The sign will have the capability of adding program/league/tournament information. The sign will provide The Post with both exposure of The Post logo and name to vehicular traffic traveling on Congress Avenue. The City will erect the sign no later than six (6) months following receipt of The Post's first payment indicated above. 0 Windscreens made and hung on the Center Court featuring imprint óf The Post logo. 0 Prominent logo placement on all tournament brochures and registration forms. 0 Logo/name exposure on the Tennis Center pages of the City's Website. 0 Logo/name exposure to an estimated 50,000 participants per year. Partnership Value - $20,000 per year Javcee Park The City recently purchased the Intracoastal Waterway park property located in the 2700 block of South Federal Highway from the Florida Inland Navigational District. Plans are underway to develop a community park on the property. The park will feature day docks, a playground, a large pavilion with restrooms, two smaller pavilions, kiosks with habitat and environmental information posted, bocce courts, walking paths, picnic tables, an open play field and a special conservation area. The park is now in the design phase. The City anticipates that it will take approximately 2.5 to 3 years to complete construction of the parle As an exclusive partner, The Post will invest $25,000 over a three year period. One of the proposed features at the Park would carry name/logo recognition for The Post, such as liThe Palm Beach Post Playground at Jaycee Park". The Post will pay the City the following amounts, no later than the dates indicated: 1. Eight thousand Five Hundred and 00/100 Dollars ($8,500.00) no later than February 1, 2005; 2. Eight Thousand and 00/100 Dollars ($8,000.00) no later than February 1,2006; and, 2 3. Eight Thousand Five Hundred and 00/100 ($8,500.00) no later than February 1, 2007. . In consideration of the above-referenced payments, the City will provide The Post with the following: 0 a north/south facing sign will be constructed on S. Federal Highway at Jaycee Park. For illustrative purposes, the sign will appear as depicted below, and will include the following phrase or something similar (with approximate letter size listed in parenthesis): Jaycee Park (10") This Park Was Developed With the Assistance of the Florida Inland Navigation District and the Palm Beach County Board of Commissions (6") Playground Funded in Part by a Generous Donation From The Palm Beach Post (5') Sample 0 Logo/name exposure to vehicular traffic on South Federal Highway. 0 Banner/signage on the playground designating it as The Palm Beach Post Playground. 0 One quarter page advertisement in The City's Funfare! Magazine, direct mailed to over 6000 participants three times a year and given out at city facilities to an additional 9,000 visitors per issue. The advertisement will appear in nine consecutive issues of the magazine beginning in 2005. I:J Logo/name exposure on the parks pages of the City's website Partnership Value - $100,000 Park/Facility Sianaae As a daily newspaper partner, The Post will be invited to hang approved signage/banners at six local parks (Pence, Intracoastal, Boat Club, Hester, Boynton Lakes and Oceanfront parks) and outside four popular recreation centers (Art, Civic, Hester, and Senior Centers). The banners/signs will be provided by The Post. The investment is $2,000.00 or $200.00 per banner per year. Prior to hanging the banners, The Post shall provide the City with art renderings of the banners for review and approval, such approval shall not be unreasonably withheld. The City will only be responsible for the installation of the banners/signs. In the event the banners or signs are damaged or become unsightly, the City may remove the banners, and it will be The Post's responsibility to provide new banners. For this investment, The Post will realize these benefits: I:J Logo/name exposure to active/passive leisure participants estimated to be in excess of 500,000 visitors each year his opportunity is not exclusive to The Post, as the City partners with other organizations, particularly with local and regional businesses who support our local sports teams whose agreement allows them to hang banners at events on our various properties. 3 Partnership Value - $15,000 Boynton Beach Summer Youth Program Tee Shirts For the past eight years, the City and The Post have partnered to provide as many as 1,800 summer program participants with t-shirts. For each year during the term of this Agreement, The Post will pay two-thirds of the total cost for the t-shirts. For each year during the term of this Agreement, the City will pay for one-third of the total cost for the t-shirts. The parties shall discuss and agree upon the parties' respective responsibilities for designing and ordering the t-shirts no later than April 1 sl of each year during the term of this Agreement. Partnership Value - $5,000 per year Boynton Beach Youth Expo As the presenting and exclusive daily newspaper partner, The Post will pay the City Eight Hundred and 00/100 Dollars ($800.00) for this event every two years. In addition to the payment, The Post will provide the City with a minimum of four quarter page ads appearing on a space available basis in various sections of the newspaper to promote the event. The payment for the 2004 event was made prior to the execution of the Agreement. The payment for the event in 2006 shall be paid to the City no later than June 15, 2006. For this investment, The Post will realize these benefits: 0 Logo/name exposure to Mall traffic during the weekend event. 0 Logo/name exposure on all printed promotional materials (a minimum of 15,000 flyers and 100 posters promoting the event). 0 Name exposure on twenty-two 30 second ads on two local radio stations (as long as The City is a party to an annual contract with a local radio station). Partnership Value - $6,000 The Big Truck Rally As the presenting and exclusive daily newspaper partner, The Post will pay the City an annual payment of Two Hundred Fifty and 00/100 Dollars ($250.00) no later than October 30th during each year of the term of this Agreement. This event takes place on Ocean Avenue and Seacrest Boulevard and attracts an estimated 1,000 family participants. The Post will provide a minimum of four quarter page ads appearing on a space available basis in various sections of the newspaper to advertise and promote the event. For this investment, The Post will realize these benefits: 0 Logo/name exposure to patrons prior and during the one day event. 0 Logo/name exposure on all printed promotional materials (a minimum of 5,000 flyers and 50 posters promoting the event). 0 Name exposure on twenty two 30 second ads on two local radio stations (as long as The City is party to an annual contract with a local radio station). Partnership Value - $3,000 Art Explosion As the presenting and exclusive daily newspaper partner, The Post will pay the City an annual payment of Two Hundred Fifty and 00/100 Dollars ($250.00) no later than October 30th during each year of the term of this - Agreement. This event takes place at the Ezell Hester, Jr. Community Center and Park. This event attracts an estimated1000 spectators who are being exposed to music, literature and visual arts. The Post will provide a minimum of four quarter page ads appearing on a space available basis in various sections of the newspaper to advertise and promote the event. For this investment, The Post will realize these benefits: 0 Logo/name exposure to patrons prior and during the weekend event. 4 0 Logo/name exposure on all printed promotional materials (a minimum of 5,000 flyers and 50 posters . promoting the event). 0 Name exposure on twenty-two (22) thirty (30) second advertisements on two local radio stations (as long as the City is a party to an annual contract with a local radio station). r'artnership Value - $3,000 Annual Holidav Parade As a local business partner, The Post will provide a monetary sponsorship for a local high school marching band which includes City residents in the amount of Five Hundred and 00/100 Dollars ($500.00) no later than October 30th of each year for the term of this Agreement. The marching band activities attract an estimated 1,000 participants and 8,000 spectators. FUTURE EVENTS/ACTIVITIES FOR THE POST'S CONSIDERATION Intracoastal Park Anniversary As a local business partner, The Post will be asked to sponsor the anniversary party at the City's premier waterfront park. This event attracted an estimated 1,500 spectators to the grand opening celebration of the park in 2003. The City is interested in continuing the event which could feature a concert, vendors, a special hospitality area for partners and dignitaries and a small scale fireworks show. The cost of partnering with the City for this event for 2004 is $5,000.00. In future years, the City would include in its budget money to produce the event. The Post agrees to pay the City Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) no later than September 30th of each year during the term of this Agreement to pay a portion of the cost of the event. The Post will provide a minimum of four quarter page ads appearing on a space available basis in various sections of the newspaper to advertise and promote the event. Partnership Value - $10,000 5 AGREEMENT THIS IS AN AGREEMENT, dated the _ day of ,2004, between: THE CITY OF BOYNTON BEACH, a municipal corporation, organized and operating under the laws of the State of Florida, with a business address of 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425, hereinafter referred to as "CITY", and PALM BEACH POST, INC., a Florida corporation, authorized to do business in the State of Florida, with a business address of 27515 South Dixie Highway, P.O. Box 24700, West Palm Beach, Florida 33416, hereinafter referred to as "MEDIA PARTNER". CITY and MEDIA PARTNER may hereinafter be referred to collectively as the "PARTIES". WITNE SSETH: WHEREAS, the City Commission for the City of Boynton Beach ("CITY") desires to enter into a branding agreement with a local newspaper publisher in order to assist with promoting special events sponsored by the CITY; and WHEREAS, the MEDIA PARTNER desires to provide branding and marketing services for the CITY to assist in advertising and promoting the CITY's special events in the MEDIA PARTNER's publications; and WHEREAS, the CITY and MEDIA PARTNER have reviewed the MEDIA PARTNER's proposal which is attached hereto as Exhibit "A", and incorporated herein by reference; and WHEREAS, the parties hereto have agreed upon a Scope of Services for work to be performed hereunder by the MEDIA PARTNER and attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the City Commission finds that the in this instance, the process of competitive bidding is not in the bèst interest of the CITY in light of the limited number of pùblishers who would have the capability to promote, publicize, and assist the CITY in advising the public of the CITY's special events; and -...",- WHEREAS, the City Commission finds that this Agreement with the MEDIA PARTNER is in the best interest of the CITY, its citizens, and residents, and will provide the most advantageous arrangement for the promotion of CITY special events. NOW THEREFORE, in consideration of the promises, the mutual covenants, conditions, provisions and undertakings herein contained, and for other good and valuable considerations, the parties do mutually covenant and agree with each other as follows: ARTICLE I SCOPE OF SERVICES AND COMPENSATION 1.1 The CITY agrees to use PALM BEACH POST as a MEDIA PARTNER to the CITY for the term hereinafter referred to, consistent with the terms, conditions and provisions of the CITY's ordinances. 1.2 MEDIA PARTNER shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement as specified in the Scope of Services attached hereto as Exhibit "A". 1.3 CITY or MEDIA PARTNER may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes must· be in accordance with the provisions of the Code or Ordinances of the CITY and must be contained in a written amendment, executed by the parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the terms of this Agreement, including the initiation of any extra work. In no event will the MEDIA PARTNER be compensatèd for any work, which has not been described in a separate written agreement executed by the Parties hereto. 1.4 ~e CITY agrees that in consideration of the services and payments provided by MEDIA PARTNER as specified in Exhibit "A", that CITY shall provide such branding and marketing opportunities to MEDIA PARTNER consistent with the terms, conditions and provisions set forth on Exhibit "A't, attached hereto and made a specific part hereof. 2 ARTICLE II TERM AND CANCELLATION 2.1 The term of this Agreement shall be for three (3) years commencing on October 1, 2004, and terminating on September 30, 2007. The Parties may agree to extend this Agreement for one (1) additional one (1) year term. Any such extension of the Agreement for the additional one (1) year term shall be in writing signed by both Parties. To the extent that the MEDIA PARTNER has been directed by the CITY's authorized representative to perform services hereunder, prior to the execution hereof by the CITY, then, in that event, Exhibit "A" shall reflect such total compensation as may be earned and payable to the MEDIA PARTNER in accordance with Exhibit "A". 2.2 Either party may cancel this Agreement by providing no less than thirty (30) days written notice to the other party, by certified mail, personal delivery or facsimile transfer. ARTICLE III GENERAL PROVISIONS 3.1 It is understood and agreed that this document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and that the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation :trom the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 3.2 It is further agreed that no modification, amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal· dignity herewith. 3.3 MEDIA PARTNER shall indemnify and save hannless and defend the CITY, its trustees, elected and appointed officials, agents, servants and employees :trom and against any and all actions, claims, suits, causes of action, proceedings, penalties, liabilities and judgments 3 -~-_.. for damages, or equitable relief of any nature whatsoever, arising out of or in connection with any intentional, willful, or knowing tortious acts or conduct by MEDIA PARlNER, its agents, servants or employees in the performance of services under this Agreement, for all costs, losses and expenses, including but not limited to, damages to persons or property, judgments and attorneys' fees arising out of or in connection with the services performed by the MEDIA PARlNER pursuant to this Agreement. Nothing herein shall be construed as a waiver of the CITY's sovereign immunity as provided for in Section 768.28, Florida Statutes, as may be amended. 3.4 Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. 3.5 If the MEDIA PARlNER subcontracts any or all of the work required under this agreement, the MEDIA PARlNER agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this contract with the CITY. 3.6 MEDIA PARlNER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the MEDIA PARmER to solicit or secure this Agreem,ent, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for MEDIA PARlNER any fee, commission, percentage, gift, or other consideration contingent upon or resulting ttom the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 3.7 Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, by hand delivery or by facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining parties, at the places last specified, and the places for giving of 4 notice shall remain such until they shall have been changed by \vritten notice in compliance with the provisions of this section. For the present, the MEDIA PARmER and the CITY designate the following as the respective places for giving of notice: CITY: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Telephone: (561) 742-6019 Facsimile: (561)742-6011 Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P .A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone: (954) 771-4500 Facsimile: (954) 77 I -4923 MEDIA PARTNER: Gale Howden, V.P of Community Relations & Marketing Palm Beach Post, Inc. 2751 South Dixie Highway, P.O. Box 24700 West Palm Beach, Florida 33416 Telephone: (561) 820-3400 Facsimile: (561) 837-8412 3.8 Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 3.9 Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 3.10 Each Exhibit attached to tlùs Agreement fonns an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 5 3.11 If any provision of this Agreement or application thereof to any person or situation shaH to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shaH have been held invalid or unenforceable shaH not be affected thereby, and shaH continue in fuH force and effect, and be enforced to the fuHest extent pennitted by law. 3.12 This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 3.13 This Agreement represents the entire and integrated agreement between the CITY and the MEDIA PARTNER and supersedes all prior negotiations, representations or agreements, either written or oraL 3.14 This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shaH constitute one and the same instnnnent. IN WITNESS WHEREOF, the parties hereto have made and executed this Consulting Agreement on the date first written above. CITY ATIEST: CITY OF BOYNTON BEACH BY: CITY CLERK KURT BRESSNER, CITY MANAGER APPROVED AS TO FORM: OFFICE OF THE CITY ATIORNEY MEDIAPÀRTNER WITNESSETH: PALM BEACH POST, INC., a Florida corporation BY: 6 Print Name: Title: ATTEST: SECRETARY STATE OF FLORIDA ) )ss: COUNTY OF ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of Palm Beach Post, Inc., an organization authorized to do business in the State of Florida, who is personally known to me or who has produced as identification and acknowledged (s)he executed the foregoing Agreement as the proper official of Palm Beach Post, Inc. for the use and purposes mentioned III it and deed of IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2004 My Commission Expires: NOTARY PUBLIC SSG:DNT:dnt H:\1990\900I82.BB\AGM1\PB Post Marketing Agmtdoc 7 __ ·-_~_'O ,_, __. _~ _~ °n_r '- Exhibit "A" CITY OF BOYNTON BEACH RECREATION AND PARKS DEPARTMENT AND THE PALM BEACH POST BRANDING AND SPONSORSHIP CAMPAIGN 2004 - 2007 History The City of Boynton Beach initially offered recreation programming beginning in the 1950's. The City's parks were maintained by the Public Works Department. In 1979, recreation programming, facility management and parks maintenance merged to create the Recreation and Parks Department. There are now eight facilities and 283 acres of park properties (developed/scrub land and undeveloped properties) and open space. Recreation facilities alone serve the recreational needs of 350,000 participants each year. Features The city's premier facilities include the new Intracoastal Park on US 1 with a beautiful waterfront view; Hester Community Center, a 19,000 square foot building and 23 acre park featuring a full size gymnasium, athletic fields, classrooms and game rooms; the Art Center, featuring a fully functioning visual arts learning program for adults and children (ages 12 months - 99!); the Tennis Center featuring 21 Har-Tru tennis courts and a pro shop; and the Senior Center, with gardening, exercise, game, and entertainment rooms for the active older population. Our Imaae We seek to be recognized as a strong and influential municipal recreation and parks department offering the highest in quality programming and the availability of clean and inviting open spaces for passive and active play. We strive to present a focused and clear image to our diverse customer base. Our Mission We exist to engage Boynton 6each citizens in diverse recreational experiences and to cultivate parks and "en spaces. Our Sloaan We Make Life Fun! Customers Our primary interest and understanding focuses on providing a wide variety of recreational experiences to a very diverse audience of residents, non-residents, businesses and visitors to Boynton Beach. We provide these customers with as much information about our programs as possible, through a variety of media, focusing on the individual benefits recreation and parks will bring to their lives. PARTNERSHIP AND BRANDING CAMPAIGN INCLUDES THE FOLLOWING: Boynton Beach Tennis Center Jaycee Park Park/Facility Sianaae· Boynton Beach Summer Youth Proaram Tee Shirts Boynton Beach Youth Expo Art Explosion The Bia Truck Rally Boynton Beach Tennis Center As the presenting and exclusive daily newspaper partner, The Post will pay the City the following amounts, no . ~er than the dates indicated: 1. Ten Thousand and 00/100 Dollars ($10,000.00) no later than October 8,2004; 2. Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) no later than October 1,2005; and, 3. Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) no later than October 1, 2006. 1 The Post will provide the City with a minimum of four quarter page ads for each of the City's four sanctioned tournaments each year for the term of the Agreement. In consideration of the above-referenced payments, the City will provide The Post with the following: 0 a north/south facing sign will be constructed on S. Congress Avenue at the Tennis Center which will include the following phrase, or something similar: The Palm Beach Post Center Court At The Boynton Beach Tennis Center The sign will have the capability of adding programlleague/tournament information. The sign will provide The Post with both exposure of The Post logo and name to vehicular traffic traveling on Congress Avenue. The City will erect the sign no later than six (6) months following receipt of The Post's first payment indicated above. 0 Windscreens made and hung on the Center Court featuring imprint of The Post logo. 0 Prominent logo placement on all tournament brochures and registration forms. 0 Logo/name exposure on the Tennis Center pages of the City's Website. 0 Logo/name exposure to an estimated 50,000 participants per year. Partnership Value - $20,000 per year Javcee Park The City recently purchased the Intracoastal Waterway park property located in the 2700 block of South Federal Highway from the Florida Inland Navigational District. Plans are underway to develop a community park on the property. The park will feature day docks, a playground, a large pavilion with rest rooms , two smaller pavilions, kiosks with habitat and environmental information posted, bocce courts, walking paths, picnic tables, an open play field and a special conservation area. The park is now in the design phase. The City anticipates that it will take approximately 2.5 to 3 years to complete construction of the park. As an exclusive partner, The Post will invest $25,000 over a three year period. One of the proposed features at the Park would carry namellogo recognition for The Post, such as "The Palm Beach Post Playground at Jaycee Park". The Post will pay the City the following amounts, no later than the dates indicated: 1. Eight thousand Five Hundred and 00/100 Dollars ($8,500.00) no later than February 1, .2005; 2. Eight Thousand and 00/100 Dollars ($8,OOO.00) no later than February 1, 2006; and, 3. Eight Thousand Five Hundred and 00/100 ($8,500.00) no later than February 1,2007. In consideration of the above-referenced payments, the City will provide The Post with the following: 0 a north/south facing sign will be constructed on S. Federal Highway at Jaycee Park with the following phrase, or something similar; Jaycee Park Featuring The Palm Beach Post Playground 0 Logo/name exposure to vehicular traffic on South Federal Highway. 0 Bannerlsignage on the playground designating it as The Palm Beach Post Playground. 0 One quarter page advertisement in The City's Funfare! Magazine, direct mailed to over 6000 participants three times a year and given out at city facilities toan additional 9,000 visitors per issue. The advertisement will appear in nine consecutive issues of the magazine beginning in 2005. D' Logo/name exposure on the parks pages of the City's website Partnership Value - $100,000 Park/Facility Sianaae As· a daily newspaper partner, The Post will be invited to hang approved signage/banners at six local parks (Pence, Intracoastal, Boat Club, Hester, Boynton Lakes and Oceanfront parks) and outside four popular 2 ::-ecrea':õ,on centers (Art, Civic, Hester, and Senior Centers). The banners/signs will be provided by The Post. The investment is $2,000.00 or $200.00 per banner per year. Prior to hanging the banners, The Post shall provide the City with art renderings of the banners for review and approval, such approval shall not be I'nreasonably withheld. The City will only be responsible for the installation of the banners/signs. In the event ~ banners or signs are damaged or become unsightly, the City may remove the banners, and it will be The ¡-,ost's responsibility to provide new banners. For this investment, The Post will realize these benefits: 0 Logo/name exposure to active/passive leisure participants estimated to be in excess of 500,000 visitors each year ·This opportunity is not exclusive to The Post, as the City partners with other organizations, particularly with loæl and regional businesses who support our local sports teams whose agreement allows them to hang banners at events on our various properties. Partnership Value - $15,000 Boynton Beach Summer Youth Program Tee Shirts For the past eight years, the City and The Post have partnered to provide as many as 1,800 summer program participants with t-shirts. For each year during the term of this Agreement, The Post will pay two-thirds of the total cost for the t-shirts. For each year during the term of this Agreement, the City will pay for one-third of the total cost for the t-shirts. The parties shall discuss and agree upon the parties' respective responsibilities for designing and ordering the t-shirts no later than April 151 of each year during the term of this Agreement. Partnership Value - $5,000 per year Boynton Beach Youth Expo As the presenting and exclusive daily newspaper partner, The Postwill pay the City Eight Hundred and 00/100 Dollars ($800.00) for this event every two years. In addition to the payment, The Post will provide the City with a minimum of four quarter page ads appearing on a space available basis in various sections of the newspaper promote the event. The payment for the 2004 event was made prior to the execution of the Agreement. The . .:!yment for the event in 2006 shall be paid to the City no later than June 15, 2006. For this investment, The Post will realize these benefits: 0 Logo/name exposure to Mall traffic during the weekend event. 0 Logo/name exposure on all printed promotional materials (a minimum of 15,000 flyers and 100 posters promoting the event). 0 Name exposure on twenty-two 30 second ads on two local radio stations (as long as The City is a party to an annual contract with a local radio station). Partnership Value - $6,000 The Big Truck Rally As the presenting and exclusive daily newspaper partner, The Post will pay the City an annual payment of Two Hundred Fifty and 00/100 Dollars ($250.00) no later than October 30th during each year of the term of this Agreement. This event takes place on Ocean Avenue and Seacrest Boulevard and attracts an estimated 1,000 family participants. The Post will provide a minimum of four quarter· page ads appearing on a space available basis in various sections of the newspaper to advertise and promote the event. For this investment, The Post will realize these benefits: 0 Logo/name exposure to patrons prior and during the one day event. 0 Logo/name exposure on all printed promotional materials (a minimum of 5,000 flyers and 50 posters promoting the event). 0 Name exposure on twenty two 30 second ads on two local radio stations (as long as The City is party to an annual contract with a local radio station). Partnership Value - $3,000 3 Art Explosion As the presenting and exclusive daily newspaper partner, The Post will pay the City an annual payment of Two Hundred Fifty and 00/100 Dollars ($250.00) no later than October 30th during each year of the term of this Agreement. This event takes place at the Ezell Hester, Jr. Community Center and Park. This event attracts an estimated1000 spectators who are being exposed to music, literature and visual arts. The Post will provide a minimum of four quarter page ads appearing on a space available basis in various sections of the newspaper to advertise and promote the event. For this investment, The Post will realize these benefits: 0 Logo/name exposure to patrons prior and during the weekend event. 0 Logo/name exposure on all printed promotional materials (a minimum of 5,000 flyers and 50 posters promoting the event). 0 Name exposure on twenty-two (22) thirty (30) second advertisements on two local radio stations (as long as the City is a party to an annual contract with a local radio station). Partnership Value - $3,000 Annual Holidav Parade As a local business partner, The Post will provide a monetary sponsorship for a local high school marching band which includes City residents in the amount of Five Hundred and 00/100 Dollars ($500.00) no later than October 30th of each year for the term of this Agreement. The marching band activities attract an estimated 1,000 participants and 8,000 spectators. FUTURE EVENTS/ACTIVITIES FOR THE POST'S CONSIDERATION Intracoastal Park Anniversary As a local business partner, The Post will be asked to sponsor the anniversary party at the City's premier waterfront park. This event attracte<;i an estimated 1,500 spectators to the grand opening celebration of the park in 2003. The City is interested in continuing the event which could feature a concert, vendors, a special hospitality area for partners and dignitaries and a small scale fireworks show. The cost of partnering with the City for this event for 2004 is $5,000.00. In future years, the City would include in its budget money to produce the event. The Post agrees to pay the City Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) no later than September 30th of each year during the term of this Agreement to pay a portion of the cost of the event. The Post will provide a minimum of four quarter page ads appearing on a space available basis in various sections of the newspaper to advertise and promote the event. Þartnership Value - $10,000 4 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.2 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5,2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18,2004 L8J September 21,2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF 3 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Approve resolution in support ofa referendum for the levy ofa discretionary half-cent sales tax by the School Board of Palm Beach County EXPLANATION: The School Board of Palm Beach County is proposing a referendum to be held on November 2,2004 for the levy of a discretionary half-cent sales tax for the purpose of financing a comprehensive plan to construct and renovate public schools countywide. The attached resolution supports this referendum. PROGRAM IMP ACT: If referendum passes, it will enable the School Board of Palm Beach County to renovate and construct much-needed public schools countywide. FISCAL IMP ACT: Every citizen in Boynton Beach, as well as Palm Beach County, will be impacted by a half-cent sales tax on all taxable merchandise. ALTERNATIVES: Not approve the ..solution snpporting the ha1~ ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION 04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, SUPPORTING A REFERENDUM TO BE 5 HELD ON NOVEMBER 2, 2004 FOR THE LEVY OF A 6 DISCRETIONARY HALF CENT SALES TAX BY THE 7 SCHOOL BOARD OF PALl\'1 BEACH COUNTY FOR 8 THE PURPOSE OF FINANCING A COMPREHENSIVE 9 PLAN TO CONSTRUCT AND RENOVATE PUBLIC 10 SCHOOLS COUNTYWIDE. 11 12 WHEREAS, the City recognizes the value of providing the best education to its 13 students, the future leaders of the community; and 14 15 WHEREAS, the School Concurrency Interlocal Agreement was approved in January 16 2001 which establishes a County-wide public school concurrency process to limit public 17 school overcrowding; and 18 19 WHEREAS; the School District of Palm Beach County has established a partnership 20 with the County and 26 municipalities to improve education; and 21 22 WHEREAS; the School District Planning Department with extensive input from the 23 local planning directors, has detennined that 14 new schools and 26 replacement schools are 24 needed within the next five years; and 25 26 WHEREAS; the construction program requires an additional alternative funding 27 source; and 28 29 WHEREAS; the School Board thoroughly examined funding source options and 30 decided that a half-cent sales tax approval would save approximately $300 million in debt 31 service cost; and 32 33 WHEREAS, on April 28, 2004, the League of Cities unanimously voted to support 34 the referendum for a half-cent sales tax increase; and 35 36 WHEREAS, public schools are vital to the health and welfare of a community 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSOIN OF THE 39 CITY OF BOYNTON BEACH, FLORIDA: 40 41 Section 1. The City Commission of the City of Boynton Beach, Florida, hereby 42 adopts the Resolution supporting the referendum for a surtax of 'h cent per dollar for the 43 purpose of financing a Comprehensive Plan to construct and renovate public schools 44 countywide 45 46 Section 2. This Resolution shall be effective upon adoption. 47 48 :\CA\RESO\Administrative\MUNIC RESOLUTION - half cent tax. doc ._-.. 1 PASSED AND ADOPTED THIS THE DAY OF 2 2004 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 A TrEST: 21 22 City Clerk 23 24 (Corporate Seal) 25 S:\CA\RESO\Administrative\MUNIC RESOLUTION - half cent tax.doc VI.-CONSENT AGENDA ITEM C.3 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 ~ August3,2004 (Noon.) July 19,2004 ~ October 5, 2004 (Noon) September 20, 2004 ~ August 17, 2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4,2004 [g] September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 2004 0 (""')~ <::) ~-< o November 16, 2004 r0- D September 21, 2004 (Noon) September 7, 2004 (Noon) November 1, ~4 -<0 c::: n-rt GJ ,(1:1 f'> mo 0 0 <::) :;Q -< Administrative Development Plans :;:x;:% ¡g¡ 0 ~ <.ñ-\ NATURE OF Consent Agenda New Business 0 ::v; 0:% AGENDA ITEM 0 Public Hearing 0 Legal - 41CJ .' ~f"T1 0 Bids 0 Unfinished Business .r;:- oþ c.J1 f""'\("") 0 Announcement 0 Presentation -;I: 0 City Manager's Report RECOMMENDATION: Approve resolution to adopt the revised unified Palm Beach County Local Mitigation Strategy Plan. EXPLANATION: The resolution is an integral part of the Federal Mitigation Act of 2000 and the Federal Emergency Management Agency's requirements for communities to be eligible to receive pre-disaster and post- disaster federal funding for mitigation purposes. This resolution is necessary to bring the current Unified Local Mitigation Strategy (LMS) program into full compliance with new federal guidelines. PROGRAM IMP ACT: As a member of this multi-jurisdictional strategy known as the Unified Local Mitigation Strategy Plan, the City Of Boynton Beach will be eligible for federal funding for pre-disaster resistant community projects as well as post-disaster mitigation projects. Participation in this local hazard mitigation plan is an integral part of FEMA funding. FISCAL IMP ACT: Eligibility for FEMA grant funding for selected disaster mitigation programs. . AL TERNA TIVES: ï::= mitigatioo projects throogb local rundln~ epartment Head's Signature City Manager's Signature hr"G (Le. ~ c. '-' L ' Aa~ Department Name ...~~), . , City A Y f Fmance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. 04- I 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZINGTHE CITY OF 5 BOYNTON BEACH TO ADOPT THE REVISED 6 UNIFIED PALM BEACH COUNTY LOCAL 7 MITIGATION STRATEGY PLAN; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, Palm Beach County and its 37 municipalities, worked together in 11 1998 and 1999 to develop a multi-jurisdictional strategy known as the Unified Local 12 Mitigation Strategy Plan to create a more disaster resistant community; and 13 WHEREAS, the Federal Disaster Mitigation Act of 2000 (DMA2000) and the 14 Federal Emergency Management Agency (FEMA) require communities to adopt a hazard 15 mitigation plan in order to be eligible to receive pre-disaster and post-disaster federal 16 funding for mitigation purposes; and 17 WHEREAS, Palm Beach County and its 37 municipalities have participated in 18 the Unified Local Mitigation Strategy (LMS) program since its inception in 1999 and a 19 majority of the 37 municipalities approved an Interlocal Agreement with Palm Beach 20 County concerning the LMS program (the "LMS Interlocal"); and 21 WHEREAS, the County and its 37 municipalities coordinated a public process to 22 revise and amend the Unified LMS plan to bring it into fun compliance with new federal 23 guidelines established in response to DMA2000 (the "Revised LMS Plan"); and 24 WHEREAS, Palm Beach County's Revised LMS plan was reviewed and 25 approved by FEMA and the Florida Department of Community Affairs contingent upon 26 the inclusion of mutually acceptable changes and the adoption of same by the Palm Beach 27 County and the municipalities; and 28 WHEREAS, the LMS Steering Committee recommends the fonnal adoption of S:\CA\RESO\Locat Mitigation Strategy Plan.doc <-"f· -~--'---- 1 the Revised LMS plan by resolution pursuant to the terms of the LMS InterlocaI. 2 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 3 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 4 Section 1. Each Whereas clause set forth above is hereby ratified as being true 5 and correct and incorporated herein by this reference; 6 Section 2. The City Commission of the City of Boynton Beach, Florida, 7 hereby approves and adopts the Revised Unified Local Mitigation Strategy Plan in its 8 entirety, as revised and approved by the Local Mitigation Steering Committee (the 9 "Revised LMS Plan") and agrees to be governed by the Revised LMS Plan attached 10 hereto and incorporated herein as Exhibit "A" (set forth on CD-ROM); and, as applicable, 11 further agrees to be governed by the Revised LMS Plan which shall hereafter amend any 12 LMS Interlocals previously approved by the City of Boynton Beach. 13 Section 3. The City Commission of the City of Boynton Beach authorizes the 14 appropriate City Officials to pursue available funding opportunities for implementation 15 of proposals designated therein and will, upon receipt of such funding or other necessary 16 resources, seek to implement the actions contained in the mitigation strategies. 17 Section 4. The City of Boynton Beach will continue to participate in the 18 multi-jurisdictional LMS planning process, including reporting of progress as required by 19 FEMA, the Florida Department of Community Affairs, and the LMS Steering Committee. 20 Section 5. The City Commission directs the City Clerk to transmit an original 21 of the executed Resolution to the Palm Beach County Division of Emergency 22 Management, attention Senior Mitigation Planner (Phone No. 712-6325), to be forwarded 23 for filing in the Office of the Circuit Court. 24 Section 6. This Resolution shall take effect immediately upon passage. S:\CA\RESO\Local Mitigation Strategy Plan.doc 1 PASSED AND ADOPTED this _ day of September, 2004. I 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 ATTEST: 20 21 22 City Clerk 23 :\CA\RESO\Local Mitigation Strategy Plan.doc . ----_._,--------- ,,-~c___.___ >-,.;.-._ ;-¡. ~~~.. --~- RESOLUTION NO. A RESOLUTION ADOPTED BY THE (Municipal Governing Body) OF ( Muiliciøalítv), FLORIDA, AUTHORIZING THE ( Municiøalitv) TO ADOPT THE REVISED UNIFIED PALM BEACH COUNTY LOCAL MITIGATION· STRATEGY PLAN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Palm Beach County and its 37 municipalities, worked together in 1998 and 1999 to develop a multi-jurisdictional strategy known as the Unified Local Mitigation Strategy Plan to create a more disaster resistant community; and· WHEREAS, the Federal Disaster Mitigation Act of 2000 (DMA2000) and the Federal Emergency Management Agency (FEMA) require communities to adopt a hazard mitigation plan in order to be eligible to receive pre-disaster and post-disaster federal funding for mitigation purposes; and WHEREAS, Palm Beach County and its 37 municipalities have participated in the Unified Local Mitigation Strategy (LMS) program since its inception in 1999 and a majority of the 37 municipalities approved an Interlocal Agreement with Palm Beach County concerning the LMS program (the "LMS Interlocal"); and WHEREAS, the County and its 37 municipalities coordinated a public process to revise and amend the Unified LMS plan to bring it into full compliance with new federal guidelines established in response to DMA2000 (the "Revised LMS Plan"); and WHEREAS, Palm Beach County's Revised LMS plan was reviewed and approved by FEMA and the Florida Department of Community Affairs contingent upon the inclusion of mutually acceptable changes· and the adoption of same by the Palm Beach County and the municipalities; and WHEREAS, the LMS Steering Committee recommends the formal adoption of the Revised LMS plan by resolution pursuant to the terms of the LMS Interlocal. NOW, THEREFORE, BE IT RESOLVED BY THE (MUNICIPAL GOVERNING BODY) OF THE (Municipality), FLORIDA, THAT: Section 1. The ( Municipality) hereby approves and adopts the Revised Unified . Local Mitigation Strategy Plan in its entirety, as revised and approved by the Local Mitigation Steering Committee (the "Revised LMS Plan") and agrees to be governed by . the Revised LMS Plan attached hereto and incorporated herein as Exhibit "A" (set forth on CD-ROM); and, as applicable, further agrees to be governed by the Revised LMS Plan which shall hereafter amend any LMS Interlocals previously approved by (Municipality). . Section 2. The (Municipality) authorizes the appropriate (Municipalitv) Officials to pursue available funding opportunities for implementation of proposals designated therein, and will, upon receipt of such funding or other necessary resources, seek to implement the actions contained in the mitigation strategies. i Section 3. The (Municipalitv) will continue to participate in the multi-jurisdictional LMS planning process, including reporting of progress as required by FEMA, the Florida Department of Community Affairs, and the LMS Steering Committee. Section 4. The (Municipal Governing Body) directs the Clerk to transmit an original of the executed Resolution to the Palm Beach County Division of Emergency Management, attention Senior Mitigation Planner (Tel. 712-6325), to be forwarded for filing in the Office of the Circuit Court. RESOLVED AND ADOPTED this day of , 2004. ) ) . ~ -- ------~_._--- . . __-__,_~_____~w____ ___ ~ ~-_~ - ·----1. ..o,¡.-......___.__ MEMORANDUM LMS Department of Public Safety TO: Municipal LMS Representatives vision of Emergency Management 20 South Military Trail FROM: William F. O'Brien, III, Director West Palm Beach, FL 33415 Division of Emergency Management (561) 712-6400 FAX: (561) 712-6464 DATE: August 5, 2004 www.pbcgov.com RE: Adoption of the Revised LMS Plan . All Local Mitigation Strategy (LMS) programs across the U.S. are being required by the Federal Emergency Management Agency (FEMA) to bring their plans into compliance with the new federal Palm Beach COunty guidelines introduced in response to the Disaster Mitigation Act of Board of County 2000. A "FEMA approved" LMS plan is required by November 1. Commissioners 2004 in order for Palm Beach County and participating municipalities Karen T. Marcus, Chair to be eligible to apply for and receive pre and post disaster federal . Masilotti. Vice Chairman mitigation funding. Jeff Koons After a very lengthy and involved revision process, in November of Warren H. Newell 2003 Palm Beach County's plan was among the first in the U.S. to be granted "conditional approval" by FEMA .., Le. the plan was approved Mary McCarty conditioned upon completion of certain additional specified changes Burt Aaronson and documented evidence of adoption of the revised LMS by all participating jurisdictions. The required additional changes have now Addie L. Greene been completed and submitted to the Florida Department of Community Affairs and FEMA. We are now proceeding with the final step of completing the adoption process at the municipal and county levels and supplying evidence to FEMA in time to make the November 1st deadline. COunty Administrator Robert Weisman Enclosed find the following: 1. A CD-ROM copy of the Revised Palm Beach County Unified Local Mitigation Strategy Plan 2. A copy of the LMS municipal adoption resolution 3. A copy of the cross-walk document pairing the FEMA required changes with the sections or pages changed and resubmitted. Please do everything you can to expedite the adoption process. In order to meet FEMA's deadline, we are establishing a deadline of October 1 for receiving all executed adoption resolutions. Municipalities not included in our FEMA submission package will likely "An Equal Opportunity have to reapply for membership in the LMS and will be ineligible for Affirmative Action Employer" federal funding until they are reinstated in the program. @ printed on recycled paper For your information, a draft of the enclosed adoption resolution has been reviewed and revised in accordance with recommendations provided from the County attorney's office, the attorney's office representing the League of Cities, and the Florida Department of Community Affairs. Your municipality is required to execute the new adoption resolution even if it has a previously executed Interlocal Agreement on file with the county. We have purposely kept the enclosed resolution short and straight forward in hopes of avoiding lengthy legal delays. The resolution basically represents a recommitment to the LMS program as modified by the Disaster Mitigation Act of 2000. It is essentially the same resolution other communities will use. One significant change that should be noted is FEMA's more stringent requirements for documented participation by all jurisdictions. Accordingly, the LMS Steering Committee has introduced strict rules on LMS meeting attendance, committee participation and project submission. While participation in the LMS is voluntary, we strongly recommend that no municipality withdraw from the program without first seriously considering the potential costs, risks, and exposures that non- participation would bring. In order to ensure your executed resolution is processed in a timely manner, please forward three copies with oriainal sianatures directly to the attention of Sheridan Truesdale, Division of Emergency Management, 20 S. Military Trail, West Palm Beach, FL 33415. If you have any questions on the LMS plan and/or the adoption process, please direct them to Mr. Truesdale at (561) 712-6325 or struesda~co.palm-beach.fI.us Thank you for your prompt attention to this request. Sincerely, ~~t.:~æ ~~~ Sheridan L. Truesdale Division of Emergency Management Sr. Mitigation Planner _ ,~_____~_.~_ ___..___~~~_~_J ."_ _~'4 _"«,,~,,,___,__, ~- _,.__.u _ ~< .-.....~"'.'- VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 o September 7,2004 (Noon) August 16,2004 o November 3,2004 (Noon) October 18, 2004 [g September 21, 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF [8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Approve resolution authorizing the City Manager or his designee to authorize and apply for S~ permits for temporary closings of State roads for special events. 0 0--4 -ç- ~-< ::Þ' -< C) EXPLANATION: There is a State requirement pursuant to Chapter 14-65, Florida Administrative Code, tha~e F~a Department of Transportation requires local governments to authorize the City Manager or his designee te..>au~e temporary closings of State roads for special events by resolution. 0 ::u-< A:;l: :P- .(;-4 PROGRAM IMP ACT: Permit would be denied without resolution. ::x Vo CI ::r \.D 110) FISCAL IMP ACT: None ::.!¡"Tl - C>'þ \.D fT1(") ALTERNATIVES: Not hold special event. ::I: Department Head's Signature ~ Ity anager's Ignature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CHAPTER 14-65 TEMPORARY CLOSING AND SPECIAL USE OF STATE ROADS 14-65.001 Scope. (Repealed) 14-65.0011 Exceptions. (Repealed) 14-65.002 State Roads in Municipal Corporate Limits. (Repealed) 14-65.0025 Scope, Exceptions, and Definitions. 14-65.003 State Roads Outside Municipal Corporate Limits. (Repealed) 14-65.0035 Temporary Closing of State Roads Other Than Limited Access Facilities. 14-65.004 Procedures Subsequent to Approval of Request for Temporary Closing of State Roads Other Than Limited Access Facilities. (Repealed) 14-65.005 Forms to Request Temporary Closing or Special Use of State Road. (Repealed) 14-65.006 Temporary Closing and Special Use ofInterstate and Other Limited Access Facilities. 14-65.0065 Procedures for Special Use of State Roads Including Limited Access Facilities. 14-65.0068 Procedures Subsequent to Approval of Request for Special Use of State Roads Including Limited Access Facilities. (Repealed) 14-65.007 Notification of Temporary Closing of State Road for Repair, Reconstruction, or Alteration. (Repealed) 14-65.0025 Scope, Exceptions, and Definitions. This Rule Chapter 14-65, FA.C., specifies procedures for obtaining a prior written permit for temporary closure of a state road from the Department when necessary for the conduct of a special event. The rule chapter outlines the requirements for special temporary use of limited access facilities, state roads other than limited access facilities; and for notice to the appropriate local law enforcement agencies of repair, reconstruction, or alteration which necessitates the closing of lanes for vehicular traffic. (1) Exceptions. For purposes of this rule chapter, the folIowing examples are uses of state roads for special events which do not require a prior written permit: (a) A motorcade when no traffic lanes are closed and law enforcement personnel control traffic at each intersection; (b) A run, walk-a-thon or bicycle event with a poJice escort and no detour of traffic; and (c) A parade on a street which only intersects a state road where law enforcement personnel control the traffic at such intersections. (2) The folIowing words and phrases when used in this rule chapter, shall have the meaning ascribed in this rule: (a) "Charitable Purpose" has the meaning specified in Section 496.404(2), Florida Statutes. (b) "Commercial Activities" include sale or display for sale, of merchandise; servicing or repairing of any vehicle, except rendering of emergency service; storage of vehicles being serviced or repaired on abutting property or elsewhere; solicitation for sale of goods, property, or services or for charitable purposes; and the display of advertising of any sort. (c) "Emergency" is defined in Section 252.34, Florida Statutes, as any occurrence, or threat thereof, whether accidental, natural, or caused by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. (d) "Limited Access Facility" is as defined in Section 316.003(19), Florida Statutes. (e) "Local Governmental Authority" means a municipality, county, or expressway or transportation authority serving one or more jurisdictions. (f) "Special Event" means an art festival, parade, annual charity drive, fair, fund drive, race, run, motorcade, or similar activities of local interest. (g) "Special Use" means any activities other than those defined as special events and as detailed in Rule 14-65.0065, FA.C. (h) "State Highway System" is as defined in Section 334.03(25), Florida Statutes. (i) "State Road" is as defined in Section 334.03(27), Florida Statutes. Ü) "Temporary Closing" means the closing, detouring or otherwise restricting traffic flow of one or more vehicle traffic lanes of a street or highway for a cumulative period of fifteen minutes or more. (k) "Written Permit" is Form 850-040-65, Request for Temporary Closing/Special Use of State Road, 02í92, requesting stated specific permission to close a stated specific section or part of a state road for a stated specific time period, signed by the District Secretary or designee and the applicant or applicant's authorized representative. Specific Authority 334.044(2), 337.406(1) FS. Law Implemented 252.34,316.003, 316.006(1), 316.008, 334.03,337.406. 496.425 FS. History- New 1-19-89, Amended 4-15-92, 12-31-96. 14-65.0035 Temporary Closing of State Roads Other Than Limited Access Facilities. (1) Procedures for Temporary Closing of State Roads Other Than Limited Access Facilities. The temporary use and closing of state roads for the purpose of special events, not related to construction, reconstruction, maintenance or emergency purposes, may be accomplished as follows: (a) A special event may be permitted by the appropriate local governmental authority. - 154 .-. . -, __....,..",,_"'-".. __,_----=_~~_u~_-,·_ ~_~_ __~__._.. .,,~__~-__.._ __ __~__... -'''-"--..____._ J~ ""'._-_-"'___;,-_~...._ ~ - '--"""-. '-''«-" (b) Prior to temporary closure of a state road for a special event, the local governmental authority which penn its the special event mustdetennine whether a temporary closing ofthe road is necessary for the event and obtain prior written approval from the Department unless excepted as defined in subsection 14-65.0025(1), F.A.C. (c) A Request for Temporary Closing/Special Use of State Road, Fonn 850-040-65, 02/92, shall be submitted by the responsible official of the local governmental authority to the District Secretary, or designee, naming the sponsoring officials; stating that local law enforcement officials will manage all the details involved in administration of the event; and stating that as between the Department and the local governmental authority, to the extent pennitted by Florida law, the local governmental authority will assume full responsibility for any liability claims arising from, or based on, the activities ofthe event. (d) The local governmental authority shall include with this request: 1. A certified copy of an excerpt from the minutes of a duly scheduled meeting, or duly executed resolution, of the governmental authority authorizing the special event. The governmental authority may, by resolution, designate a position within that body (Mayor, City Manager, etc.) to authorize and sign for the body; 2. A marked map, indicating the temporary detours to be utilized by the public; and showing the placement of appropriate signs; stationing of any officers or flagmen; and locations of barricades and cones necessary to detour the traffic in a safe and efficient manner; 3. A description of the provisions made for the temporary rerouting of traffic; and 4. Approval from the United States Coast Guard District Commander authorizing the opening or closing of any movable bridge within the geographical limits ofthe event during the time period of the road closure. (e) Prior to authorizing the temporary road closing, the Department shall review the proposed detour route to ensure that traffic volume will be handled and routed safely and efficiently. (t) Such closing of the state road shall not be for commercial use, except that any portion of a state-maintained roadway may be used for special events and special use as defined in paragraphs 14-65.0025(2)(t) and (2)(g), F.A.C., of this rule chapter, together with such commercial activities necessarily related to such events. Nothing in this rule chapter shall be construed to authorize such special events on the interstate highway system, toll roads, or other limited access facilities. (2) Procedures Subsequent to Approval of Request for Temporary Closing of State Roads Other Than Limited Access Facilities. The Department will return a copy ofFonn 850-040-65 indicating approval or disapproval to the submitting applicant. Upon receipt of a copy ofFonn 850-040-65, Request for Temporary Closing/Special Use of State Road, 02/92, signed by a District Secretary of the Department, or designee, the responsible official ofthe local governmental authority shall notifY the applicant for the special event whether preparation for and execution ofthe special event mayor may not proceed. (3) Fonn to Request Temporary Closing or Special Use of State Road. Copies of Fonn Number 850-040-65, Request for Temporary Closing/Special Use of State Road, 02/92, is hereby incorporated by reference and made a part of this rule chapter. Copies of this fonn may be obtained by contacting any Department District Maintenance Office. Specific Authority 334.044(2), 337.406(1) FS. Law Implemented 316.003, 316.006(lj, 316.008, 337.406 FS. History-New 1-19-89, Amended 4-15-92,7-1-92,12-31-96. 14-65.006 Temporary Closing and Special Use ofInterstate and Other Limited Access Facilities. Temporary closures for special uses will not be allowed on interstate highways, toll roads, and other limited access facilities on the state highway system with the exception of the following situations: (1) Emergency Conditions. When emergency or extremely dangerous conditions are judged to exist, the Department will assume responsibility for detennining whether closure of state roads is warranted. (2) Request for special use of interstate and other limited access facilities will be made to the Department. Special use is approved by the Department, in accordance with the provisions of Rule 14-65.0065, F.A.C. (3) Use of facilities on interstate highways, toll roads, or other limited access facilities for solicitation is otherwise prohibited except under the provisions of Rule Chapter 14-28, FA.C. Specific Authority 334.044(2), 337.406(1) FS. Law Implemented 316.006(1), 337.406, 338.01 FS. History-New 1-19-89, Amended 4-15-92. 14-65.0065 Procedures for Special Use of State Roads Including Limited Access Facilities. The temporary use of state roads for special use activities, not related to construction, reconstruction, maintenance, emergency purposes, or special events, may be accomplished in accordance with this rule chapter. The following infonnation must be supplied to the Department when requesting a penn it for filming: (1) A copy of pertinent portions of the script with a concise but detailed written description of the action to occur on the state right of way. (2) A detailed map showing the proposed filming location and an estimate ofthe number of event personnel. (3) No stunts, staged accidents, explosives, or pyrotechnics that may cause damage to state property shall be allowed without prior approval of the Department. Use of pyrotechnics requires approval from the District Secretary, or where applicable, the Executive Director of the Florida Turnpike Enterprise and a separate approval from the local fire department having jurisdiction over the filming site. Both must be attached to the special use pennit. Additionally, a licensed "Pyrotechnic Operator - Special Effects" shall be on location and in charge of all use, storage, and handling of special effects items. - 155 (4) The permittee shall provide the Department with proof of liability insurance in the amount of $1,000,000 for routine filming. If the filming request involves specialized stunts, pyrotechnics, special effects, the use of some form of air transportation over the state highway right of way, or stunts of any kind under or adjacent to a structure (bridge) then a minimum of$5,000,000 of liability insurance is required. (5) All maintenance of traffic on Department rights of way shall conform to the Federal Manual on Uniform Traffic Control Devices (MUTCD), incorporated by reference under Rule 14-15.010, F.A.C.; the Department's current Roadway and Traffic Design Standards; and the current Standard Specifications for Road and Bridge Construction. The Department shall regulate, limit, or restrict hours of filming to minimize disruption of traffic on the state highway system. When filming causes undue disruption of traffic, or creates safety hazards on a state highway, the Department shall require immediate corrective action within a specified time frame, or cause filming to cease if deemed necessary. The Department shall require the submittal of a maintenance of traffic plan with the request for permit to ensure compliance with this provision. The Department may require the presence of an off-duty law enforcement officer in areas of congestion, critical traffic flow, or situations that may cause hazardous conditions. (6) Filming of activities on state road rights of way from low flying aircraft must be in compliance with Federal Aviation Administration regulations, and wiII not be permitted if the public safety or welfare is jeopardized. Any activities involving aircraft shall require written notification of overhead utility companies. Specific Authority 334.044(2), 335.10(1), 337.406(1) FS. Law Implemented 316.003, 316.006(1), 316.008, 334.044(28), 335.10, 337.406(1). 496.425 FS. History-New 4-15-92. - 156 --~-------~"-"""'~.---..~~. _~___ _ ~".__~_~ _c_ _~.__ .,___".6_"".,...~___-,;"_' O"_.,...,....'-"~._~_..',,~,........... ~...._..,.-,~ 1 RESOLUTION NO. R 04 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER OR illS 5 DESIGNEE TO AUTHORIZE AND APPLY FOR STATE 6 PERMITS FOR TEMPORARY CLOSING OF STATE 7 ROADS FOR SPECIAL EVENTS; PROVIDING FOR 8 SEVERABILITY; REPEALER AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City of Boynton Beach permits special events to utilize state 11 oadways from time to time; and 12 WHEREAS, the City of Boynton Beach desires to expedite the issuance of state 13 ermits pursuant to Chapter 14-65, Florida Administrative Code, to facilitate special events 14 hich use state roadways; and 15 WHEREAS, the Florida Department of Transportation requires the local government 16 o authorize all Temporary Road Closures on state roadways; and 17 WHEREAS, the City Commission of the City of Boynton Beach desires to authorize 18 he City Manager or his designee to authorize temporary cJosings of state roads for special 19 vents, and to apply for state permits pursuant to Chapter 14-65, Florida Administrative 20 ode, for said temporary cJosings; 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section L The foregoing "WHEREAS" cJauses are true and correct and 24 ereby ratified and confinned by the City Commission 25 Section 2. That the City Commission of the City of Boynton Beach authorizes the 26 ity Manager or his designee to authorize temporary closings of state roads for special 27 vents, and to apply for permits from the Florida Department of Transportation pursuant to 28 hapter 15-65, Florida Administrative Code, for said temporary cJosings. 29 Section 3. If any section, subsection, clause or provision of this resolution is held 30 valid, the remainder shall not be affected by such invalidity. 31 Section 4. All resolutions or parts of resolutions in conflict herewith shall be and 32 ereby are repealed. :\CA \RESO\Legislative Actions\Authorization of Road Closings.doc 1 Section 5. That this Resolution will become effective immediately upon 2 passage. 3 PASSED AND ADOPTED this _ day of September, 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 I 22 23 ity Clerk 24 25 Corporate Seal) 26 27 :\CA\RESO\Legislative Actions\Autborization of Road Oosings.doc ~_~._.-.._.._~~...,_..---.:.__....>~__ _ "_.~____~<~_,~_ ~_._,__~ '___ __.,_~~__~ ·c. - ''- VI.-CONSENT AGENDA ITEM C.6. 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 .in Meetin2 Dates in to City Clerk's Office Meetimt Dates to City Clerk's Office o August 3, 2004 (Nooo.) July 19, 2004 o October 5, 2004 (Noon) September 20.2004 o August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 ~ September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans C;) (") ~ 0 -+:-- ~::::¡ NATURE OF Consent Agenda New Business fq --{ -< AGENDA ITEM 0 0 '"a Public Hearing Legal -0 0-'" 0 0 I .ç;~ Bids Unfinished Business lQ ,;a 0 Announcement 0 Presentation .b. oJ\:: ~ ~ _ --c. 0 "J) --{ City Manager's Report .::- ";:) a " ry<= c.r, ry Q) co ~ f"tJ '--rJ À RECOMMENDATION: £ Motion to approve and autborize tbe execution of a Resolution for Task Order No. U04-15-02 for $ 155,929.00 to Metcalf & Eddy (M&E) to provide engineering semces for tbe Lakeside/N.E. 20th A venue Water Services and Storm Water Improvements Project. EXPLANATION: Tbe Lakeside/N.E. 20th Avenue project area is located in tbe nortbeast section of Boynton Beacb (see attached Figure 1). Tbe areas east and west of U.S. Highway #1 (US #1) bave inadequate water services due to the age, condition and size of existing water mains and tbe limited number of tire bydrants. Additionally, tbese areas suffer from chronic flooding, a result of poor or non- existent storm water management. Tbe areas east and west of US #1 constitute approximately 25,000 linear feet of water mains. Of the 25,000 linear feet, it is known tbat approximately 10,000 linear feet will need to be replaced (Figure 2). The balance of the existing water mains and service connections will be investigated for possible replacement during the preparation of a Preliminary Design Report (pDR) based on criteria such as pipe size, depth, location, material and water semce location. S:\BUlLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Tbe area east of US #1 is identified for stono water improvements consisting of drainage piping and structures for conveyance to an existing outfaU at the Intracoastal Waterway and other drainage structures. The project area west of US #1 may be limited to development of approximately 11,500 feet of swales where City personnel indicated flooding issues. Final detenoination of the extent of the swale development and possible exfiltration trench construction will be based on data from the PDR. The Utilities Department has cleaned and televised the sanitary sewer system within the project area and -there are no areas that warrant inclusion for repairs in this task order. PROGRAM IMPACT: M&E will provide the City with a Preliminary Design Report (PDR) to evaluate the water mains in the areas east and west of US #1 and make a recommendation as to the extent of the total linear feet of water mains and service connections to be replaced. The PDR will also provide the City with additional infonoation regarding stono water improvements for both of the project areas. The development of a hydraulic model to confino the replacement piping sizes is not included in this task order. Task Order No. U04-15-02 consists of project management, project meetings, value engineering, and the Preliminary Design Report (PDR). FISCAL IMPACT: Funds are avallable as foUows: Account #401-5000-590-96.02 WTRI23 and Account #401-5000- 590-96.09 STM029. The compensation for this task order is based on the tenos and conditions described within the Agreement for General Engineering Consulting Services, Commission approved November 18, 2003 between the City of Boynton Beach and Metcalf & Eddy. ALTERNATIVES: Delays in this project will burden our utllity customers by not providing improved water services and relief from nuisance flooding. It is necessary to move forward with the preparation of the PDR to futrJU our customer's needs. There are no alternatives. S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC . -<-....__~o...."~__...~__,___ . "II _.. ......-..,..""'..__J"""""'_...._._~~.,._~>,~""""'..-.-_~ · CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 7f~ ~ fY1Yõ Kurt Bressner City Manager Ult7f7.LJd Utilities Department City Attorney / Finance / Human Resources Attachments: Three (3) Original Task Orders for Execution Figure 1 - Project Area Figure 2 - Known Water Main Replacement bc: Nemesio Gomez, Interim Utilities Director Dale Sugerman, Assistant City Manager Paul Fleming, Sr. Project Manager Utilities FilelWRL T Procurement Services S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . . 1 RESOLUTION NO. R04- I 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF TASK 5 ORDER NO. U04-15-02 TO METCALF & EDDY IN THE 6 AMOUNT OF $155,929.00 TO PROVIDE ENGINEERING 7 SERVICES FOR THE LAKESIDE / N.E. 20TH A VENUE 8 WATER SERVICES AND STORM WATER 9 IMPROVEMENTS PROJECT; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the Lakeside/N.E. 20th Avenue project area is located in the northeast 14 section of Boynton Beach. The areas east and west of U.S. Highway #1 (US #1) have in 15 adequate water services due to the age, condition and size of existing water mains and the 16 limited number of fire hydrants; and 17 WHEREAS, the areas suffer from chronic flooding as a result of poor or non- 18 existent stonn water management; and 19 \VHEREAS, the City Commission, upon staff's recommendation, has deemed it 20 appropriate and in the best interests of the public to approve Task Order No.U04-15-02 to 21 Metcalf & Eddy to provide the engineering services for the Lakeside/N.E. 20th Avenue 22 Water Services and Stonn Water Improvements Project. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned 26 as being true and correct and are hereby made a specific part of this Resolution upon 27 adoption hereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby authorize and direct the approval and execution of Task Order No. U04-15-02, in the S:ICAIRESOlAgreemenlslTask - Change OrderslMetcalf & Eddy - Lakeside and N.E. 20th Water Services.doc . .-.- _Y_~~--==--""""''''''''''''''~--''~'' ~_~""_~_~,~________",_"",,,,___. ~ .._.~-........-.......-.¡...-, .._~,-- · 1 amount of $155,929.00 to Metcalf & Eddy to provide the engineering services for 2 Lakeside/N.E. 20th Avenue Water Services and Stonn Water Improvements Project. 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of September, 2004. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 23 ATIEST: 24 25 26 City Clerk 27 S:ICAIRESOlAgreemenIsITask - Change OrdersIMetcalf & Eddy - Lakeside and N.E. 20th Water Services.doc ______ 'n_____________ -=-=- _~- '--0--'-..0=--= - -~__--=_------_=_-c,=- -n_----=--c ·=-==-=_-""~-=__==____cc, o=--==- - C--="OC--'7C_==_"",=--=-==-- __ n__ ______n TASK ORDER U04-15-02 August 30, 2004 FEE PROPOSAL AND SCOPE OF SERVICES ; CITY OF BOYNTON BEACH LAKESIDE/NE 20th A VENUE - Preliminary Design Report , ; A. Backe.round This fee proposal provides preliminary design services associated with the upgrading of water services and stonn water improvements in northeast Boynton Beach. The project area is defined as shown on Figure 1. Specifically: . An area east of US Highway I bordered by: · Dimick Road on the north (including North Lake Road extensions), ; · Las Palmas on the south, · Intercoastal waterway on the east, and · US Highway I on the west (but not including US I). ; . An area west ofDS Highway I bordered by: · NE 26th A venue on the north, · NE 20th A venue on the south, · US I and NE 4th Street on the east (excludes The Crossings), and ! · NE 1st Way to Gateway Boulevard and NE 2nd Court/3rd Court from Gateway on ; the west (but not including Gateway Blvd.). ~ ~ . ~ , The two areas identified constitute approximately 25,000 If of water main. Based on I existing infonnation, it is known that approximately 10,000 If will need to be replaced I due to size. The balance (15,000 If) will be investigated for possible replacement during ~ I j preliminary design based on criteria such as pipe depth, material, and size and water i ¡ service location. Stonn water improvements will also be investigated during the ¡ ¡ preliminary design. ~ ; ¡ r Development of a hydraulic model to confinn replacement piping sizes is not included in ~ î our scope of work. , ¡ , i ! 1í I ; , ~ , ¡ , ~ j ;! ¡ ¡ ! ~ ,; ; ;' j ~ , 1 ;í ;; ~ ==---=-'-===-==_=-=----==:..c_===---==cc""--="-'oo===----=----='o'-"--=-~_==_..:.c===_==_.===____=_=-..;:,=__====___:===.-==-..o===-'--::='='-"'---="":::==-=---===-=--"=---==-===c-~==----===---=--",="=-==-_-----=o===--______~__-' . trl _........._O~"___,, . ~_ ""___...-__........~_~, ..._.r~....n__ ,.__",_~_.__. .....'-''''.~_.''n___' . . ".,----_.-------~-...-_"-~ ----,--- --.-- I'..~~~~~~~~'~~~C~O~."=~~C.~~~~~=~~~~~~~'~~~~~O'-"~'~o~~=~"="=_~._..,._,.~___~~_~=~~_~_~~~~~~ 1 . I ~ i Vision Statement ~ I " ~ ~ ,I The City's Utilities Department vision is: , á 1 ~ ,; ~ Creating value for our customers and community by achieving excellence in J I service, products, and environmental quality PEOPLE· TEAMWORK· INNOVATION I j It is always the intent of the City for the project's outcome to achieve the goals set forth in their vision. Therefore M&E has developed tills scope of services in an effort to meet the City's goal. I H " B. Scope of Services i ¡ 1.0 Project Management " ~ j !f j 1.1 Management I I Project Management activities compnse contract administration, j ! coordination of project staff, monitoring of progress and project costs f during the project through closeout. I 1.2 Proiect Meetings M&E will attend meetings with representatives of the City as part of this I project, as follows: ! , ¡ J a. Project kickoff meeting b. One design review meeting for the Preliminary Design Report in draft form M&E will prepare agenda, record and distribute meeting minutes for all meetings. City formats will be used for agenda and minutes. 1.3 Value Engineering I M&E will be conducting one value engineering meeting with the City for ~ I the project to identify potential cost savings and further enhance value to the City. Results will be incorporated into the draft PDR deliverable. I I ! ! ¡ ¡ I I ! 2 I. ~ ~ ------- , I---~'--~~~~~~~~~~-~~~~-~=~--~~~~~'- ~~~~---==.~~= -=~~-~~---~-===-~-~~~-~--------=--- ----==---------- ~ =-=-~.----- -~~-=~~=~~-=-.~~-== =-- .-~=---~-~-=== ¡ I I 2.0 Engineering Design ¡ 2.1 Preliminary Design Report :! f ~ i! ~ ~ J M&E will provide a preliminary design report (PDR). The intent of the PDR is to f¡ review existing infonnation, develop design criteria, and provide general route of ií i the proposed water main and layout of stonn water structures. It is anticipated the ¡ PDR will include the following elements: ~ :[ ¡¡ i · Survey for work described below (hard and disk copy available) II · Geotechnical report - boring results and bedding recommendations I ;¡' · Soft dig results ~ · Construction Considerations I · Depth and material of main ~ · Fire hydrant placement ~ · Stonnwater system details i f · Landscaping issues i , Potential MOT issues ~ · j · Pennit table ~ ~ · Preliminary List of Technical Specifications ¡I · Water main layout ï · Fire flow requirements ~ · Stonnwater system preliminary layout · Engineer's Estimate for improvements ~ , Drainage calculations will be based on the South Florida Water Management ~ ¡ District's conservative fonnula and the Palm Beach County design parameters. j, The calculations will be based on criteria of a 10-year, 72-hour stonn event. The ¡ specific drainage area for this project will extend to 25 feet beyond the edge of I pavement. 2.1.1 Data Collection and Field Investigation I I M&E will perfonn the following field activities in support of the project: I ~ . Field supervision ofM&E subcontractors, as necessary i Geotechnical services (as approved by the City for actual number ¡ . ~ and location prior to activity commencement): I · advance up to 25 borings to a depth of 10 feet each to obtain ¡ , , soil properties J I laboratory testing of each boring (.!.!1LJQ 25 samples) to ¡r · ¡ detennine corrosive properties at representative locations · measurement and recording groundwater levels at each boring I location 1- 3 ~---~--_.--------- -----------~ - ~-~-=-;;.---....- . ..~..~-~ __ .___._,_ ~~,,-_ _<~,....o-_~.'___,,~-~_ -. _>_~__rA________. .~._.,.,..,~~..."'..._......_,,,""~~__-_...v ,..,~ r --~-"-==---:=.""==._--------------------~-=======-----==-=="'-===""'===-==--=---===--~=--===-----=====--==-=:====--=--------;; I ! j 'r J j i I if the reviewing agency for storm water desires calculations on ~ · , i the project's west side, double-ring percolation/infiltration I ~ testing coordinated with other required testing. Up to Six tests I ! are planned depending upon the consistency of results. ~ ¡ i · preparation of geotechnical report which will describe the work performed and include boring logs and laboratory test results · Surveying services: · services as defined by the Florida Department of Business Regulation Chapter 61G17-6 survey type "(i) Record Survey" and "(j) Right of Way Survey", including property lines and easements within the project area (including pertinent Gateway and US 1 intersections) as defined in Figure 1 approximately I I 25,000 If of roadway. I · generate a 1 "=30' scale topographic map of the project area ! streets (both in CADD and a reproducible copy), including onsite items as indicated within the public Right-of Way · locate storm water manholes and record rim elevations and select manhole inverts · locate vegetation within the right-of-way · provide PLS signed and sealed survey plans · Utility locate services ~ · contact City Valve Book Team and arrange for location of utilities on the project area public roads right-of-way · use existing City utility maps to assist in identifying proposed water main route and stormwater conflicts · with the City's assistance, locate and identify existing water meter locations on the survey I · Vacuum extraction (soft dig) · provide up to 50 soft dig utility locations in those areas that ! have potential water main route or stormwater structure ¡ conflicts. The City will review for actual number and location prior to activity commencement. · Should the City request that additional locations be explored, these locations are $275 per hole not including 10% markup. All additional work must be performed while the crew is on- site. Otherwise a setup fee of $260 not including markup will be imposed. 2.1.2 Easements/Rights of Way M&E will obtain available information on the City's or County's I I easements and rights-of-way for the proposed water system upgrades. I I This information will be included in the Preliminary Design Report ! (PDR). I t I I ; ¡ ¡ 4 ¡ ---- i ~ r=~o~~~c=~==-~=~~=~~==~=,_c,-_.~~~~~~~=~==~,,~~~-,,~~-~~c=_=.~_~~~=,_.~~~_.__~==~~~ ---~~~~~~~~=~_._~.=-=_=.~=___ ¡ I I I ; I 2.1.3 Pennitting Infonnation In the PDR M&E will present a table identifying the pennits, agencies, I [ contacts, anticipated schedule for obtaining the pennit, and associated pennit fees for each agency. Pennitting activities with the following agencies are anticipated: :1 ~ 1. Palm Beach County Department of Health (PBCDOH) pennit for " constructing a water main ~ 'I 2. Palm Beach County DERM for stonnwater improvements " 3. SFWMD and FDEP for stonnwater 4. USACOE for stonnwater , p. ~ 2.1.4 Engineer's Estimate 'j M&E will prepare a rough order engineer's estimate of probable construction cost. The cost estimated will be subdivided into separate , items as much as practical. , , ~¡ 2.1.5 Deliverables , ,í ;, M&E will provide the City three sets of the draft and final PDR in hard copy. j :! Project Team '! ! The project team will be led by Mr. Alejandro Toro, P.E. who will act as principal-in- ¡ I charge. M&E's project manager will be Mr. Jim Penkosky, P.E. The following , ,1 subcontractors will be used during the project. J 1, ~ H Stonn Drainage: Civil-Works Inc (MBEIWBE) - Linda Bell, P.E. ~ · J ;,¡ · Utility Locating: Accurate Locating - Jay Scagliola, P.L.S. ª · Survey: SFRN, Inc - Gary Rayman, P.S.M. ¡ ~ · Geotechnical Testing: Intercounty Laboratories - Alex Hockman, P.E. ¡ j í C. Assumptions i í 1. Field verification of existing utilities will be limited to those affecting the project. .1 ~ 2. Hydraulic modeling of the water distribution system or stonnwater in the area will not :¡ ¡ be conducted. 3. Compensation for engineering work in this proposal will be based on a time and ! material method of payment, with a "not-to-exceed" limit. n I 5 I ~---_.- '·~...)r. -11'14 -.1- . -. ----~""..__.._,,---~.._-<---->-~~--~ ---.",,--=,-'~-"'-_._--- "._~,~_......_.-..--~-..................,--> _._<-~ r~=~=~~~"-~·=~~~~-~~~~~~~·~~~~~~~=~~~~~··~- -- ',-- ~ 'u ï I ~ I D. Contract Reference ¡ ¡ ¡ ~ This Task Order shall be performed under the tenns and conditions described within the ì. Consultant Agreement, Two-Year General Consulting and Engineering Contract dated j ~ November 18,2003 between the City of Boynton Beach and Metcalf & Eddy. li , " I E. Obli2ations of the City ~ a 1. The City shall provide M&E in a timely manner, an requested and available record I data and infonnation related to the project as necessary for the perfonnance of the services specified herein. I 2. The City shan review an documents presented by M&E; obtain advice of an 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. I F. Compensation J ¡ í M&E proposes to perform the tasks outlined above for a time and material amount of ! $155,929. A cost estimate presenting a breakdown of fees and hours per major task is r included as Attachment 1. In accordance with our contract with the City, subcontractors will be at a 10% markup for this proposal. The fees per major task are summarized below: Labor Labor Hours Cost Ex enses Total Cost 46 $5,778 $1 ,122 $6,900 18 $1,962 $688 $2,650 4 $700 $28 $728 320 $31,428 $114,224 $145,652 388 $39,868 $116,061 $155,929 G. Proiect Schedule Activity Time Elapsed Notice to Proceed (and Kick-offmeeting) o weeks Geotechncial 4 weeks Soft Digs 6 weeks Survey 14 weeks DraftPDR 20 weeks City Review 22 weeks Final PDR 24 weeks I I ! ~ ! í 6 ! I !'=-==--=-:-==--"===--=-c="'--==-=,===--==----==-==-----===--====--===--__-__"'~:c===-=.=__==___c_,"'~,_c..::'-~---====-==-O'"'"'"-==-C=-=,=_=_"------=-=_,_-===--=7"--7__===_=____,___=-_==___===__::;.__:;:c===_-_==_--- ~ [ I' r ! , ~ I' ~ DATED this day of ,2004. ~ r i ! I CITY OF BOYNTON BEACH METCALF & EDDY, me. r I ~ I I Kurt Bressner, City Manager I Vice President -- Attest! Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest! Authenticated: ~~ f1~t;Lm~ Office of the City Attorney Notary Diane Centimo1e tDDOO2903 IIJII!I ~ 2.mt ""!In AIa6 ø.1Ia8lh. Jœ. I 7 .. .-.~--.¡-...,,- ~--,..-,~~-,."---,-~ ~ >--.....-"'. ..."-'-.... ----.-~.- - -. _~.......",._"~__~_---=_<c."",,,""'_ . -.~. . r~--~__________ ¡~ ~:z --. - - -~~ . // <è. r . --- j ~ -? 7ií --- .2 C') 't lO -v II c: ~ , ... -< lù ~ -< r- u lù ..... 0 ~ ~ I ...--! lù ~ ;:J c:> ~ µ.. z.~ ;t - --~- ; ----- : ,~~-~. -. tì;:.' ¡:-~~ '- i e.- _.C~'_ ~ . ~-' -- ->----. II .1;.:'::_. p__ 'c ID 2 <") ~ > ~ 10 - . ~ - --... /I C ~ ;- E-< Z r.ù 2 r.ù u <t: ~ Çl..; ~ Z --; --< ~ ~ ~ f-t <t: ~ ~ 0 ~ I N ~ :::> 0 ....... µ.. '" z.~ at ---~,.._-..._- , .---.....,--....~.......__.~--. ."'~-. ..?-. --,-....--,. . . ..-..---,"........-.-.- ~<~~ r~~~=~-~~~-~~~~~=~~~~~~~c~~'- ~ ~ ¡ J ¡ ! ¡; ~ ¡ ~ ~ I , H !( .' ~ , I ~ I ~ ª 9 # I ~ A TT ACHMENT 1 ~ ~ I COST ESTIMATE I I ~ I i I i I I ¡ ¡ I I I I Î j I i f J I L CITY OF BOYNTON BEACH lakeside/NE 20th Avenue - Preliminary Design Report ATTACHMENT 1 TASK Designations LABOR CATEGORY HOURLY 1.1 1.2 1.3 2.1 TOTAl TOTAl RATE Hours Rt x Hrs Hours Rt x Hrs Hours Rt x Hrs Hours Rt x Hrs HOURS FEES Consulting/Engineering: Proi. Dir., Principal $175 6 $1,050 0 $0 4 $700 0 $0 10 $1,750 Senior Project ManaQer $156 24 $3,744 8 $1,248 0 $0 80 $12,480 112 $17,472 Project Engineer $113 0 $0 0 $0 0 $0 0 $0 0 $0 Senior Enqineer $89 0 $0 0 $0 0 $0 0 $0 0 $0 Engineer $78 8 $624 8 $624 0 $0 180 $14,040 196 $15,288 Scientist $71 0 $0 0 $0 0 $0 0 $0 0 $0 Technical Services: Senior Designer $91 0 $0 0 $0 0 $0 48 $4,368 48 $4,368 Desiqner $71 0 $0 0 $0 0 $0 0 $0 0 $0 Senior Inspector $75 0 $0 0 $0 0 $0 0 $0 0 $0 Project Support Services: Senior Administrative $71 0 $0 0 $0 0 $0 0 $0 0 $0 Administrative $45 8 $360 2 $90 0 $0 12 $540 22 $990 TOTAl PERSONNEL 46 $5,778 18 $1,962 4 $700 320 $31,428 388 $39,868 Direct Costs: Subcontractor CWI) cost $920 $600 $0 $12,230 $13,750 Subcontractor Accurate) cost $0 $0 $0 $15,110 $15,110 Subcontractor SFRN) cost $0 $0 $0 $65,000 $65,000 Subcontractor Intercounty) cost $0 $0 $0 $11,300 $11,300 ODCs cost $100 $25 $25 $200 $350 10% Cost Markup 10% $102 $63 $3 $10,384 $10,551 TOTAL DIRECT COSTS $1,122 $688 $28 $114,224 $116,061 GRAND TOTAL $6,900 $2,650 $728 $145,652 $155.929 ..- . ~ 1PI w,..-><--.......~"--, .-___;w-;-_~____~<_.<.___,__.-<._ ..- ___._._.....--.;......_,~~..~_,,_,_~__. 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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 o August 3, 2004 (Noon.) July 19,2004 o Octoocr 5, 2004 (Noon) September 20, 2004 o August l7, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 ("") ~ September 21, 2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November I, 20af:2 Ç)......¡ =i-< (f) -<0 P1 -0 0" 0 Administrative 0 Development Plans t --0") ~o w ~-< NATURE OF ~ Consent Agenda 0 New Business .-.... ---- .. ....- AGENDA ITEM 0 0 -ry :/) .....¡ Public Hearing Legal ---..:- C) C:J -cc- 0 Bids 0 Unfinished Business 0 -'1- "I CD U1 -rrl 0 Announcement 0 Presentation '-:'J> L) ¡ T (") 0 City Manager's Report :J:: RECOMMENDATION: Approve the agreement with eCivis.com,LLC to purchase Grants Management Information System software. EXPLANATION: The City of Boynton Beach is committed to improving its grants performance by both increasing the number of grant opportunities its departments pursue, more effectively finding and managing grants core to the strategic goals of the City, and improving its internal grant-related processes. The Grant Management Information System is designed specifically for local governments. The Boynton Beach Grants Team was involved in the development of this product and provided recommendations based on our needs to automate our grant processes. PROGRAM IMP ACT: The Grants Management Information System will help the City achieve the following: ~ Create electronic forms based on our current processes trom project definition to closeout ~ Increase management oversight of grants, without the implementation of a costly, time consuming paper-based process ~ Automate reporting currently manually collected and compiled grant information ~ Streamline and record information distribution trom Grants locator FISCAL IMP ACT: $41,620 has been designated in the Capital Improvement Plan for FY04/05. This includes a one-time purchase of software, implementation fees, training and reasonable travel costs. Annual maintenance of$12,500 has been waived for the first year. AL TERN A TIVES: Not enter into the agreement and continue to use curre tragmented grant seeking and management processes. City Manager ~ Department Name City Attorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.I)()C I I 1 2 RESOLUTION NO. R04- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND ECNIS.COM, LLC TO PURCHASE 9 GRANTS MANAGEMENT INFORMATION SYSTEM 10 SOFTWARE; AND PROVIDING AN EFFECTNE 11 DATE. 12 13 14 \VHEREAS, the City is committed to improving its grants performance by 15 creasing the number of grant opportunities its departments pursue and improving its 16 i temal grant-related processes; and 17 WHEREAS, the City Commission of the City of Boynton Beach, upon 18 commendation of staff, deems it to be in the best interests of the residents and citizens 19 f the City of Boynton Beach to approve the Agreement between the City of Boynton 20 each and eCivis.com, LLC; and 21 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 22 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. Each Whereas clause set forth above is true and correct and 24 corporated herein by this reference. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 ereby approve the Agreement between the City of Boynton Beach and eCivis.com, LLC 27 r the purchase of Grants Management Information System Software, a copy of said 28 greement is attached hereto as Exhibit "A". 29 - ,,""-. -~...._--~- _ _"_,,,_~-4.~~"",_.~~_~_""~~.E'-S'_'¿ .........""',.;.,._..._c_, _.-...,'_......."....i~__..·-_,~~-_<.-_,___,,>: h"'''_ 1 2 Section 3. That this Resolution shall become effective immediately upon 3 assage. 4 5 6 PASSED AND ADOPTED this _ day of September, 2004. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 TTEST: 25 26 27 ity Clerk 28 29 30 orporate Seal) 31 32 33 A/reso/agreementsleCivis.com - grants management system ,.. Jj&. eCIVIS Grants Management Information System (GMIS) Subscription Agreement Between eCivis.com LLC, a Delaware limited liability company ("eCivis") Address: 150 E. Colorado Boulevard, Suite 215 Pasadena, CA 91 l05 Phone: (877) 232-4847 Principal Contact: Karl Rectanus Customer Name, type of entity, and jurisdiction: City of Boynton Beach, Florida Address: City of Boynton Beach, Florida 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Phone: (561) 742-6241 Principal Contact and Master Access Holder: Debbie Majors, Grants Coordinator This Agreement provides for eCivis to grant access to your Access Holders, on a password-restricted basis, through the Internet, the following products for the following fees ("Fees"): Grants Manager Information System · Software License: $25,000 (Reflects 50% Alpha/Early Customer Discount) · Annual Maintenance Fee: $12,500 per year plus annual increases (not to exceed 5% annually) after the second year. Included in software license for first year. · Professional Services: Rates and Work to be Performed as covered by the attached Statement of Work plus reasonable travel expenses not to exceed $5,000.00. · Toll Free Customer su ort 877-2-eCivis and trainin included This Agreement, incJuding the Terms and Conditions is the complete and excJusive statement of the agreement between the parties. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. eCivis.com, LLC City of Boynton Beach, FL By: C3:?---.... dL£] By: Omaya S. Ismail CEO Print Name eCivis.com, LLC Print Title Date --.- <-~~~.>----~.-, ->,. -- TERMS AND CONDITIONS 1. General. "You" means the single end-user organization executing this Agreement. "Access Holder" means each individual that is an employee of your organization that uses Grants Management Information System (GMIS). "GAflS" means the most current version of the online grants management software and database core functionality as described in th~ attached Statement of Work. eCivis reserves the right to discontinue GMIS at any time by giving written notice to you. 2. License. eCivis grants you, subject to this Agreement, a nonexclusive, nontransferable right and license. 1. To permit each anowed Access Holder to access GMlS through the Internet. 2. To create printouts, download and store in electronic form, and re-purpose GMIS for internal use in connection with your normal business activities. You may not engage in such activity if it is for commercial sale, redistribution, broadcast or transfer of such materials. You agree not to rent, lease, sublicense, distribute, or transfer any infonnation to entities or people outside your organization. You agree to take all reasonable steps to protect GMlS from unauthorized access, copying, or use. If people or entities outside your organization use your usernames to access GMlS, eCivis reserves the right to tenninate this contract. 3. Passwords. You agree to assume sole responsibility for the security of your passwords. 4. Maintenance Maintenance is provided separate from the base software license as indicated on the first page of this agreement. Maintenance is renewed on an annual basis and is required for use of GMIS. Maintenance includes: Ton Free Telephone Help Line: The toll free help line (877-232-4847) is available from 8 AM to 5 PM Monday through Friday excluding public holidays unless agreed to in writing. The help line staff are authorized to provide product assistance for GMIS as well as user assistance including password retrieval and account infonnation. TelephonelWeb Based User Training: Customer is entitJed to unlimited telephone or Internet based training for GMIS. Training sessions are offered periodically by schedule that will be provided to client or at a mutually agreeable date and time if a sufficient number of customer users are available. Error Resolution: If customer experiences an error within the GMIS software or its associated customizations listed in the Statement of Work, eCivis will fix the error within a reasonable period of time generally not to exceed 5 business days. Customer is required to submit a description of the error, the actions leading to the error, and the expected result as well as user Internet browser infonnation in writing via fax to eCivis. Customer will pennit eCivis to access its account to replicate the error for the purpose of detennining the problem. IfeCivis cannot resolve the error within 5 business days, it will give written notice to customer with an estimate of how long and what steps it will take to fix the error. Upgrades: Any upgrades to GMIS Core functionality as described in the statement of work will be provided as soon as they are generally released. Any associated help materials or upgrade infonnation will be provided either in GMIS's Help section or by separate document within 3 weeks foJJowing any release. Customer acknowledges that any upgrades may alter existing functionality 2 and the old functionality will no longer be available. Availability: GMIS will be available 24 hours a day, 365 days per year. From 5 AM to 6 PM PST Monday through Friday, GMIS will be have uptime of at least 99.0%. eCivis reserves the right to make scheduled maintenance upgrades from 7PM to I AM PST Monday through Friday and on weekends. eCivis also reserves the right to make any emergency upgrades at anytime. Warranty: eCivis hereby warrants that it will use reasonable care and skill in the provision of Maintenance Services. 5. Your Responsibilities. You are responsible for detennining whether the G.WS will achieve the results you desire; You are responsible for adopting reasonable measures to limit your exposure with respect to potential losses and damages arising out of your use of GMIS, to the extent not arising our of or in connection with the negligence, acts, or omissions of eCivis, its employees, immunities, and limitations of liability afforded any party entitled to such protections pursuant to section 768.28, Florida Statutes. You agree to indemnify and hold eCivis, its managers, members, officers, employees, hannless from and against any loss, claims, demands, expenses, or liability of whatever nature or kind of you or any third parties arising out of your use of GMIS. 6. Term. The initial tenn of this Agreement shall commence on the date of customer signature listed on the first page of this agreement and continue until tenninated by either party as provided for in this agreement. 7. Fees. eCivis will charge, and you agree to pay, the Fees. Full payment for license fee shall be made to eCivis within thirty (30) days after the original date of the invoice. eCivis will charge you interest at the rate of 1.5 % per month if payment is not received within the 30 days. Professional services fees less any credits will be billed after the completion of each of the four timeframes of Section 8.1 in the Statement of Work. Travel expenses will be billed after the completion of each timeframe and are not offset by credits. Maintenance fees are due on the anniversary of the completion of implementation as outlined in the Statement of Work. eCivis will notify customer by invoice of the amount and due date of the fees. 8. Changes. eCivis reserves the right to change its fees and any other tenns and conditions, at any time, effective upon publication. Fees will not increase more than 5% on an annual basis. These changes wiI1 NOT affect any existing contract Tenn. 9. Proprietary Protection. eCivis is the sole owner of GMIS and any associated intellectual property rights. eCivis claims U.S. and foreign copyright ownership with respect to GMIS. You agree not to remove any copyright notices from printouts of GMIS. If any configuration or modification of GMIS done on your behalf by eCivis professional services, eCivis will retain ownership and property interests in the configuration or modification as well as GMIS. Any configuration or modification will be covered in a separate statement of work. 10. Indemnification. If a third party claims that GMIS or your use of GMIS pursuant to this Agreement infringes any U.S. patent, copyright, or trade secret, eCiviswill defend you and all Access Holders against such claim at eCivis's expense and pay all damages that a court finally awards, provided that you promptly notify eCivis in writing of the claim, and allow eCivis to control, and cooperate with eCivis in, the defense or any related settlement negotiations. If such a claim is made or appears possible, eCivis may, at its option, secure for you the right to continue to use the Product, modify or replace the Product with equivalent infonnation so they are noninfringing, or, if neither of the foregoing options is available in eCivis's sole judgment, tenninate this Agreement by paying you a credit equal to the portion of previously paid fees and charges allocable to the remaining tenn of this Agreement. For this purpose, the life of the license wiJI be treated as five years. THIS PARAGRAPH STATES ECIVIS'S ENTIRE 3 ,,~- ~<--------~,._.~-"..--~ .~--- ._~. ----~-~~~~,-~"",'""~--~--""- --. ----- _ "'_""~"-"""""-<--_______~-'<~ ...,-u.____., --=~<- OBLIGA nON WITH RESPECT TO ANY CLAIM OF INFRINGEMENT. 11. Limitations. eCivis shall employ due care and attention in obtaining and maintaining GMlS. However, you acknowledge that any collection and compilation of data entails the likelihood of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. Accordingly, you agree that the GMlS is provided "as is"; eCivis makes no representation or warranty with respect to their accuracy, completeness, and eCivis specifically disclaims any other warranty, express, implied, or statutory, including, any warranty of merchantability or fitness for a particular purpose. eCivis shall not be liable because of any such errors, omissions, delays, or losses, including data losses and corruption, unless caused by eCivis's gross negligence or willful misconduct. You further agree that in no event will the total aggregate liability of eCivis for any claims, losses, or damages arising under this agreement and services perfonned hereunder, whether in contract or tort, including negligence, exceed the total amount paid by you to eCivis during the preceding twelve-month period, even if eCivis has been advised ofthe possibility of such potential claim, loss, or damage. You acknowledge that eCivis does not warrant that use of the GMIS will result in any grant acquisition. You acknowledge that GA1IS may not include all potential data. 12. Default. Should you fail to pay Fees due hereunder or fail to carry out any other obligation under this Agreement or any other agreement with eCivis,eCivis may, at its option, in addition to other available remedies, tenninate this Agreement provided that it first gives you fifteen (15) days' prior notice to penn it you to cure your default. eCivis reserves the right, with or without notice, to suspend access to or use of any Product in the event of any delinquency or default. eCivis may elect, in eCivis's sole discretion, after delinquency, to tenninate all personal infonnation and settings associated with an Access Holder. Such infonnation and settings will be unrecoverable after such tennination. 13. Force Majeure. eCivis shall not be liable or be deemed to be in default for any delay or failure in perfonnance or interruption resulting directly or indirectly from any cause or circumstance beyond the reasonable control of eCivis; equipment, or telecommunications failure; labor dispute; or failure of any third party to perfonn any agreement with eCivis that adversely affects eCivis's ability to perfonn its obligations hereunder. 14. Severability. If any tenn, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such tenn, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. 15. Governing Law. Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida as it applies to a contract made and perfonned in such state. Yenue for purposes of any litigation arising out of this Agreement shall be Palm Beach County, Florida. ******** End of Terms and Conditions******** 4 eCivis.com, LLC Statement of Work Boynton Beach. Florida Grants Management Information System (GMIS) Implementation Statement of Work May 4, 2004 Assistant City Manager Director, East Coast Operations 04/30/04 (703) 373-0395 (703) 373-0396 ! 0 ~ eC .VIS SoIuIIons for Loc:olGcwernments 1 --------- .....y~.~ - <~----"",~-~-~~-~,---~.....;,.~---,~-~-.,...- .-~,---&-~.-.._-_.>--->~~~---~----~- ---~.. -- ~---.-~--_.- ......'~~-~. eCivis.com, LLC Statement of Work Table of Contents 1. GENERAL ............. ...... ........ ....... ..... ......... ..... ........ .... ......... ............ ......... ........ .............. ...... ..... ........................... 3 2. BA CK G ROUND ........................................... ....................... ........................ ................. ....................................... 3 3. E C IVI S ....................................................................................................................................... ..... ............. ........ 4 4. o BJE CTIVES.... .................... ...................................... ................ ................... ...................................... ............... 4 5. ST AKEH 0 LD ER BENEFITS ..... .......... ................ ........................ ..... ....... ............................. ........................... 5 , 6. CORE - GRANTS MANAGEMENT INFORMA nON SYSTEM (GMIS)..................................................6 6.1. ECIVIS GRANTS FLOW TM ....... ............................................ .......................... .... ...... ............................... ..........6 6.2: GMIS CORE FUNCTIONALITY ........................................................ ............ ....... .................. ........................... 7 6.3. TECHNICAL DEPLOYMENT ............... ...................... ....... ................ ......................... ... ....................... ........ ...... 8 7. SC OPE ...... .. ..... ...................... ....................... .............. .... ...................... .............. .............. ............... ................... 1 0 7.1. IMPLEMENTATION: .............. ................................................................ ................................ ......................... 1 0 7.2. MAINTENANCE....................................................... .......... ................................................ ..... ............. .......... 11 7.3. CUSTOM DOCUMENTS!REPORTS ............................. ................................................ .............. ............... ........ 12 8. APPROACH ............... ............. ............................. ............................................................................................. 13 8.1. DELIVERy............................................. .................................. ..... .............. .......... ........................................ 13 8.2. DELIVERABLES................... ............................. ................................................ ................................. ............ 13 8.3. IMPLEMENTATION LOCATION. ................................................... .................. ...... ..................... ................. ..... 13 8.4. MANAGEMENT APPROACH.. ......... ..... ....... ......... .......... ........................ .............. ......... ..... ..... ................. ....... 14 9. STAFFING AND RESPO NSIBILITIES .........................................................................................................14 9.1. CLIENT RESPONSffiILITIES ........ ........... ......... ....................... ..... ... ............... ...... ............. ..... ........ .......... ... .....14 9.2. STAFFING ........ ...... .......... .................. .... .................................. ...................... ........ ......... ......... ............ ......... 15 10. FEES AND EXPEN SES ................................................................................................................................16 10.1. GRANTS MANAGEMENT INFORMATION SYSTEM FEE ...............................................................................16 10.2. IMPLEMENTATION FEES & EXPENSES: . .......... .......... .......................... ................... ................................... 16 10.3. MAINTENANcE FEES & EXPENSES: ..........................................................................................................17 2 eCivis.com, LLC Statement of Work 1. General This document is the Statement of Work between Boynton Beach, Florida (Boynton Beach) and eCivis.com, LLC. (eCivis) and sets forth the specifications for the deliverables, the tasks and responsibilities, and the schedule, in each case, as of the date of the agreement ("Statement of Work"). 2. Background Boynton Beach, Florida (population 62,000+) is a municipality that provides a full range of services to its constituents. Boynton Beach is committed to improving its grants performance by both increasing the number of grant opportunities its departments pursue, more effectively finding and managing grants core to the Strategic Goals of the City, and improving its internal grant-related processes. In the last three years, Boynton Beach has re-organized its grants effort and implemented eCivis's Grants Locator product, which has helped the City increase its total awarded grants to over $5.6 miJJion in 2002 and a success ratio above 78%. Boynton Beach now seeks to improve its grant-related processes by implementing eCivis' Grants Management Information System (GMIS). The core of objectives of the GMIS software: · Create streamlined grant-related processes that provides accountability and structure · Replace existing paper-based processes and forms with an electronic solution · Increase the availability and reduce the time to collect, analyze and report key management information · , Make more informed decisions about which grants should and should not be pursued · Decrease the number of missed deadlines · Increase the knowledge of departmental grant and project activity at every level of the organization · Increase collaboration between departments Specifically, Boynton Beach wants to utilize GMIS to achieve the following: · Increase management oversight of grants, without implementation of a costly, time-consuming paper-based process · Create electronic forms based on Boynton Beach's current processes · Automate reporting for current manually-collected and compiled grant information · Streamline and record grant information distribution ITom Grants Locator. · Create organization-defined tasks for all 7 GrantsFlowTM phases that allow consistency throughout departments and meaningful reporting Boynton Beach and eCivis wiJJ work together to complete the GMIS implementation. Implementation wi]] include aJI grant active departments, including the Finance and City Manager's Office. This Statement of Work covers implementation and discusses, briefly, related maintenance and upgrades after the full implementation. l. Requirements Gathering (October-November 2004) - eCivis wiJJ meet with department personnel for all grant-active departments, the City Manager's office, and Finance Department. 2. Customization (November 2004) - eCivis will create electronic forms, approvals, organization- defined tasks, reports, baseline ímancials for Boynton Beach and integrate into core GMIS. 3. TestingIRollout (December 2004 - January 2005) - eCivis will conduct user training for grant- active departments. Boynton Beach will begin testing GMIS software with departments, and eCivis will make adjustments based on feedback. 3 ----------_. ._r~._- -- -.~"-,--- ._ ~~.-o__.._-=-",......._....,""_"~,_--_>_-~_____ -.< ---~~~- ~,- -_.---~-. ._~ ,,---..-..-. ,_.-__"'"'"0..;:_-"...."...., eCivis.com, LLC Statement of Work This Statement of Work describes the estimated implementation timeframe. These estimates should be regarded as a rough guideline only, and assumes Boynton Beach's full cooperation to meet the estimated timeframe. 3. eCivis eCivis is dedicated to developing solutions, through technology, consulting and education, to help local governments do more for their communities. eCivis has the only online, fully searchable, continually updated system of federal grant infonnation, Grants Locator, utilized by over 350 leading cities and counties. eCivis employees, with a wide range of experience in government, technology, and competitive funding, work hard every day to achieve the company's mission of helping local governments across the country . eCivis draws on this extensive experience, but, specifically, has focused for over 3 years on understanding and streamlining the grant processes of leading local governments. These core processes are the foundation of Grants Management Information System (GMIS), a web-based enterprise-wide software system that creates a fonnal and configurable grants process that will lead to improved grant perfonnance as well as streamlined internal processes. The system coupled with customized additions specific to the City's needs, will allow the City to achieve significant gains within 12 to 18 months. 4. Objectives The Key Objectives of the work covered under this Statement of Work are: · Implement GMIS software with all grant-active departments, the City Manager's Office and Finance. · Gather detailed functional requirements from City Manager's Office and all departments · Develop customized fonns, tasks, and reports · Test, train, and rollout to all grant-seeking departments · Monitor usage and progress The specific role of eCivis Professional Services and Technology Group is to: · Help gather requirements for Boynton Beach's custom needs · Develop best practices with Boynton Beach Management · Ensure functionality and custom requirements work in practice · Eliminate software inconsistencies or process errors as they arise · Train users in system Boynton Beach plays an integral role in the effective implementation of GMIS. eCivis assumes Boynton Beach will: · Encourage participation and implementation staff at all levels · Allow stakeholders time and support for interviews, training, and interaction with eCivis · Internally dedicate resources to the success of the project · Provide honest, fact-based feedback to eCivis at all stages 4 eCivis.com, LLC Statement of Work 6. Core - Grants Management Information System (GMIS) 6.1. eCivis GrantsFlow TM The GMIS system is the only web-based, enterprise-wide application that helps local governments better manage their grant-related processes. Designed specifically from years of working with leading grant- seeking cities and counties, GMIS is a platform to increase grant funds, streamline internal processes, and enable management awareness at all levels of the organization. Typically, these organizations garner millions of dollars in grants but have patchwork internal processes and procedures. GMIS utilizes the eCivis GrantsFlow™ process: Through utilization of the eCivis GrantsFlow TM process, Boynton Beach will ensure effective management of every project at every stage. Each phase has specific, requirements and tasks tailored to the needs of the City: · Project Definition - fully scope and define a project based on City needs and priority goals. · Funding Analysis - IdentifY, analyze, attach, and agree upon grants and other funding streams appropriate for each project. · Application - Collaborate and more quickly finalize applications · Approval - Interact with funding agencies for analysis and approval · Finalization - Approved grants requireplanning to ensure effective implementation · Implementation -Manage the project, the reporting requirements, the effectiveness, as well as the funding. · Closeout - A worthwhile project requires a shift to sustainability and/or measured results as well as final reporting due to funding agencies 6 . . eCivis.com, LLC Statement of Work 6.3. Technical Deployment GMIS can be deployed two ways - Hosted-Shared Client and Hosted-Single Client. In all cases, eCivis can discuss with Client's IT department and meet Client's minimum security requirements. 6.3.1. Hosted-Shared: eCivis hosts shared server in third party secure co-location facility. Database server contains Boynton Beach data as wen as other local government client data. Access to data is password protected but accessible from any web browser without IP address authentication. Software upgrades are instantaneous and fully managed by eCivis technical staff. Access to data is over shared I OMBit connection. Data is backed up nightly. AI/fees in this SOW are based on Hosted-Shared option. Hosted-Shared Co-location Facility Shared Shared Database erver Web Server lient Services 8 eCivis.com, LLC Statement of Work 6.3.2. Hosted-Single Client: eCivis hosts clients server in third party secure co-location facility. Database server only contains Boynton Beach data. Access to data is password protected, accessible from any web browser, option for IP address authentication. Software upgrades are instantaneous and fully managed by eCivis technical staff. Access to data is over shared lOMBit or dedicated lOMbit connection. Data is backed up nightly and client has option of receiving database backup tapes. This option is an additional fee based on hardware and bandwidth selections. Hosted-Single Client Co-location Facility IP Address n eCivis Client Shared Servers Servers lient Services 9 ----,- . .--.~-~-..-->---- "-' - <---~-~..-_........_-..---,.__. .....-........__..,""'-__._4'____ 4.,·'< -- eCivis.com, LLC Statement of Work 7. Scope This section identifies major aspects of the GMIS implementation at Boynton Beach that are covered by this SOW and additional implementation and maintenance for reference purposes. This SOW only covers the implementation in Boynton Beach, and future maintenance and enhancements in general. 7.1. Implementation: 7.1.1. Requirements Gathering: eCivis Professional Services will work with the City Manager's Office as we]) as key grant seeking departments that are committed to implementing GMIS to buiJd on the initial requirements gathered in March 2004. eCivis will create a Business Requirements document and deliver it to Boynton Beach that wiJI describe in detail additional reports, forms, organization-wide tasks, etc. that need to be created. 7.1.2. Technical Development: eCivis Technology Group wiJI design, buiJd, and test custom requirements within scope and integrate into GMIS core functionality. eCivis will then demonstrate to key Boynton Beach management the core and custom functionality. 7.1.3. Testing/Trial Usage: eCivis Professional Services will work closely with the departments, Finance and City Manager's Office to test and begin using GMIS. Sample data wiJI be used to test end-to-end functionaJity. Real data wiJI be used to begin to test system capabilities on a day-to-day basis. 7.1.4. Departmental Rollout Departments will be scheduled for transitioning to GMIS in a certain order. Key personnel wiJI be trained either by eCivis Professional Services staff or by Boynton Beach staff. eCivis Professional Services staff wiJI be avaiJable via phone and email to answer specific questions. eCivis and Boynton Beach wiJI host a series of onsite meetings to encourage usage, listen to user issues, and get user feedback on desired additional functionality. 7.1.5. Management Reporting eCivis Professional Services wiJI work with the City Manager's Office to measure the quaJity and extensiveness of the information being collected. Standard reports, report ftequency, user security, and other key items for management will be determined. 10 eCivis.com, LLC Statement of Work 7.2. Maintenance This SOW primarily covers the implementation portion, but also covers the maintenance phase in general. The maintenance phase will begin after the successful completion of organization-wide rollout. The maintenance phase consists of two components: Standard Maintenance as part of the annual license fee and Custom Services that Boynton Beach wishes to purchase to further improve its operations. 7.2.1. Standard Maintenance: In general, the standard maintenance includes the following: All upgrades to GMIS core functionality in the Base Module, unlimited toll rree help desk for usage-related questions, unlimited instructor led webinar training, and all updated documentation. Standard Maintenance may increase in scope in the future depending on the common needs of GMIS client base. 7.2.2. Custom Services: This includes any functionality that Boynton Beach would like developed that eCivis detennines is not core functionality, additional onsite trainings, process improvement consulting, migration to Hosted- Single Client Solution, data mining, 3rd party software integration or other services not directly related to core functionality. As part ofthis SOW, eCivis agrees to a reduced rate for these services. j í- 11 -~ ~~._~---...,.< . __ ",,~",--___....-,,-"___-~____ ___~. .__ __.~ .__",_'....·'-'"__~_.~h - ~__»___--.__-_""""____~=~~=-~o·___"'"_._ . - ~----- ,-..... eCivis.com, LLC Statement of Work 7.3. Custom Documents/Reports The attached chart provides a high-level summary of the documents to be created during implementation. The specific business processes and documents to be integrated will be finaJized during requirements gathering portion of implementation. · "FY xxx Budget Grant Funding Form · Grant Funded Mgmt Plan Form · Closeout form considered crucial to successful Implementation. The final · 3 additional forms defined in Requirements Documents Gatherin · "Grants Information Report; FY XXXX" Summary · "Grants Information Report; Ql FY XXXX" Detail e orts · 3 additional custom re Its Or anization Defined-Tasks 12 eCivis.com, LLC Statement of Work 8. Approach This section defines the approach that will be used to achieve the results and the project management standards that will be used to control and monitor the project. 8.1. Delivery The followin Weeks ]-2 Gather business requirements, confirm scope Determine main POCs tTom each grant-active department Determine custom reports, forms, and tasks Gather historical data needed for base in ut Weeks 3-7 Design custom reports, forms, and tasks Develop and test custom functionality Migrate customized Boynton Beach Data to GM]S Jointl determine ractical or anizational structure for GMIS Weeks 8-]4 User test and modify custom functionality Train departments and stakeholders in GMIS usage Test mock historical data Be in real time data testin with de artments Weeks ]5-20 Determine final security roles Finalize reporting functionality Finalize documentation Based on a start date of the first week in October 2004, the system will be running and usable by the City of Boynton Beach by February 20, 2005. If customer is unable to perform its roles, this date may be delayed. ECivis will provide customer written notice if this date is likely to change based on an inability of eCivis or Customer. 8.2. Deliverables Detailed project plan based on Boynton Beach Feedback eCivis Visual R resentation of Core R rts as defined b field eCivis Structure of Boynton Beach's Grants, scalable for future phases, Boynton BeachleCivis reflectin or anization structure of the Conn Security and Permissions of each user level, as determined with Boynton BeachleCivis Bo ton Beach List of individuals, their security levels and permissions Boynton BeachleCivis Scripts to be used to guide Boynton Beach stakeholders through eCivis the testin hase Training Documentation Full training manual to be covered during on-site training eCivis meetin s, for Custom GrantsFlow TM for The GrantsFlow TM process will be customized to your own eCivis De artments rocedures and allow a rless rovals where a licable The services provided under this agreement are on Time & Materials basis - quality and overall material contained in each of the following documents is based on the information provided by the client and time allowed by the client to be spent by the eCivis staff on each of these documents. 8.3. Implementation Location eCivis will conduct this project at both Boynton Beach and eCivis's offices. All technical development work will be done at eCivis's offices. 13 - . , - - --~-...,,"----~ . -._- '-~<''''--''~-''--- ~-. - ._~.;.--~---.-,--- ~......,-.-..-__.....-......,.o.~-_-"'¡¡'- -..~,..--.-~ eCivis.com, LLC Statement of Work 8.4. Management Approach The following sections describe agreed upon management approaches and procedures. 8.4.1. Status Reporting eCivis will produce monthly reports that cover the following agenda: · Accomplishments for the period · Accomplishments planned for the following period · Issues that may require management attention · Risks to the project's success · Time spent by each consultant on project We also strongly recommend that Boynton Beach hold monthly meetings to go over project status and resolve any issues. 8.4.2. Issue Management Issues requiring Boynton Beach's attention (particularly those impacting project scope or schedule) will be raised immediately with the Boynton Beach project manager, and addressed in the monthly status meeting if unresolved. Boynton Beach will attempt to resolve the issue within the time frame described. If the issue cannot be resolved, then it will be escalated further and addressed by eCivis and Boynton Beach's senior management. 8.4.3. Change Control Changes that affect the project's scope and which impact the project's schedule will be escalated to eCivis and Boynton Beach's senior management for approval. 9. Staffing and Responsibilities 9.1. Client Responsibilities This section identifies Boynton Beach's responsibilities and the impact on the project if these responsibilities are not fulfilJed. Selection of appropriate departments Failure to pick departments or have non-motivated departments will decrease chance for good user feedback as well as rovide limited basis for or anization-wide rollout User participation Failure for departments to ensure usage will decrease chance for good user feedback as well as provide limited basis for 0 ization-wide rollout. Time and Materials Failure to allow staff and managers the time and materials for discussions, interviews, testing, training and implementation will ham effective im lementation. Management Contact & Oversight Failure to allow access to managers or quickly handle issues raised b eCivis will ham r effective im 1ementation. Meeting Space Failure to provide Internet-ready space on-site will hamper efficac of meet in feedback 100 ,and roduction. 14 eCivis.com, LLC Statement of Work 9.2. Staffing Roles and Staffing from eCivis. Omie Ismail CEO eCivis Requirements gathering, customization design, mana ement bu -in Karl Rectanus Director of East eCivis Requirements gathering, Coast Operations client questions and feedback, ro' ect status Jason Betz Director of eCivis Technical design, Technology development, and troubleshootin , TBD Professional eCivis Answer user questions, Services re or! errors Roles and staffing from Boynton Beach. Debbie Majors Grants Coordinator Boynton Beach Help define Functional Requirements, select departments, determine customized forms, reports, and organization-wide tasks, test final functionality, promote usage. Project Mana er WilfTed Hawkins Assistant City Boynton Beach Management sponsor for Manager escalated issues, changes to SOW. TBD Finance Boynton Beach Help define functional requirements and develop core financial information. TBD Grant Team Boynton Beach Test Historical Data, be Members main point of contact for De artments TBD Users Boynton Beach Use and test GMIS functionality and provide feedback. 15 ~~-.,.---~ ------.'-'~-_.. ~ ---~--._- - --, -,-~.~ .",~--.-~. - . ,. -~~~ ~_-__, ........-.·.r--_ __._--__>_.~_____ .__ ·_~__v"'_·~...__~cr~·__~__~J. _OJ J._~__'_ eCivis.com, LLC Statement of Work 10. Fees and Expenses This estimate is based on the infonnation contained in the SOW, the March 2004 Alpha Testing, multiple discussions with staff and management of Boynton Beach, and eCivis experience creating GMIS core functionality. If the scope of the project or if any of the assumptions are incorrect, the actual fees may exceed this estimate. eCivis staff will be billed on a standard time and materials basis. The travel and expenses incurred during the engagement are additional, and will be billed back to the customer at cost, not to exceed $5,000.00. eCivis is very conscious of keeping travel costs low and typical costs for eCivis will be much lower than a standard consultant but will increase if last minute meetings are necessary. eCivis will invoice Boynton Beach for Services perfonned and Expenses incurred at the end of each month in accordance with the Professional Services Agreement. Expenses will be invoiced monthly as they are incurred. All changes to this SOW shall be accepted in writing by both parties. This revised Fee and Hourlv rate structure is valid ONLY with a signed contract received bv October I. 2004. Any future Scopes of Work will not include Alpha Test Discounts and mayor may not include marketing discounts. The cost for the GMIS core product and an estimate for services is detailed below. 10.1. Grants Management Information System Fee Item Re ular Price Net Price Initial License Fee - Small $50,000 $25,000 Ci ICoun Hosted-Shared Annual Maintenance $12,500 $0 ear I * Annual Maintenance, Years 2+ $ 12,500 $12,500 (First Payable One Year After 1m lementation Finalized * *The first year's maintenance, beginning after implementation is finalized, is discounted to $0. Future year's maintenance payable J 2 months after the final implementation, and is detailed in Section 7.2 of the SOW 16 eCivis.com, LLC Statement of Work 10.2. Implementation Fees & Expenses: Requirements gathering $]75 40 $7,000 Custom Development of forms, $175 50 $8,750 reports, tasks Testingffraining $140 40 $5,600 Sub-total 130 $21,350 Contingency 20% 26 $4,270 Estimated Services Cost 156 $25,620 Less Marketing Discount (based only on this quote and participation in ($17.000) post implementation marketing). Estimated Net Services Cost I $8,620 I *Note: The above excludes reasonable travel expenses to client. Marketing based on project results will be in an industry publication such as NACO News or similar with ICMA code of ethics in mind. Attendance of key person nom City Manager's Office for best practice or educational presentation to industry association may be requested. eCivis reserves the right to use the positive outcome iTom this project in its marketing materials in accordance with Boynton Beach policies. 10.3. Maintenance Fees & Expenses: Boynton Beach will receive a 25% discount off all rates for maintenance consulting for a period of up to 3 years from the start of the project. The rates for eCivis Professional, Technical Staff, and Regular (i.e. Client Services or other) are as follows: Regular Rate Boynton Beach Rate Professional Staff (Senior . $200 $150 Managers) Technical Staff $180 $135 Regular Staff $140 $105 Maintenance does not include custom software upgrades or customized services as requested by Boynton Beach, as described in 7.2.2 of this SOW. Boynton Beach wi1l receive a 25% discount off list price for upgraded software and custom services. 17 . . ... _"'__.~____.___<._.o .,-----.-- _ --'." -~-"'" "'_....L~_. .~_,,,'""~~__.__ -t'--- -, - -~"'_.. VI.-CONSENT AGENDA ITEM C.S. CITY OF BOYNTON BEACB 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 o August 3, 2004 (Noon.) July 19,2004 0 October 5, 2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16, 2004 0 November 3, 2004 (Noon) October 18, 2004 ~ September 21, 2004 (Noon) September 7, 2004 0 November 16, 2004 (Noon) November 1, 2004 (, o Administrative 0 Development Plans r:? '::"..:'-:3- NATURE OF ~ Consent Agenda 0 New Business ~ -< ~ . n AGENDA ITEM 0 Public Hearing D Legal ~ :,~~ .--' -< D Bids D Unfmished Business - ::.~~ -;r:. n~..-\ D Announcement D Presentation ;f .~ ~ D City Manager's Report '-? 3% .-- (J -po -- \....'0 - ::x: RECOMMENDATION: Approve and execute, via a Resolution, the Interlocal Agreement between Palm Beach County and the City to assist in the removal of invasive non-native vegetation in the LeisurevilleIW oolbright Place park site. EXPLANATION: The Palm Beach County Board of Commissioners has established and funded a grant program to fmancially assist municipalities and other public agencies with the removal of invasive n0811ative vegeta~ion trom publicly owned lands. The nine prohibited invasive non-native plant species include Air Potato, Austrailian Pine, Brazilian pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca and Queensland Umbrella Tree. The Recreation and Parks Department has been awarded a $5,000 grant to remove invasive non-native plant species at the LeisurevilleIWoolbright Place park site. The City must enter into a project agreement to receive the grant award. The City will have until July 1, 2005 to complete the project. This will be contracted out. PROGRAM IMP ACT: Certain species of prohibited invasive non-native vegetation are spreading rapidly into natural areas in the City, displacing native vegetation, destroying wildlife habitat and creating mdesirable vegetative monocultures. Rolling Green (Hester) Scrub and Ezell Hester Park, the fIrst project site in 2004, has benefIted greatly trom this opportunity. The Leisureville/Woolbright Place park site will be the second project site to take advartage of this grant-funded program. The invasive non-native vegetation in the park will be treated and removed for aesthetic purposes. FISCAL IMP ACT: The grant award requires the City to provide a 50% cash match; $5,000 has been designated in the FY2004/05 Capital Improvement Plan for small-scale park improvements (Account #302-4298-580-63-05). ALTERN~eCI ag"em'nl ",d foneil Ihe ~ ¿¡ .. ,~ . .~.(.A .I~ ~ Deportnl nl Head, Sigmrt",é ' ity M"""!\e<','signatnre Recreation & Pm'" ?;fIi1 }X?,..,..., Department Name CI J\ttorney I Fmance I Human Resources S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM. DOC RESOLUTION NO. R04- ; ¡ I A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH TO ASSIST IN THE REMOVAL OF INVASIVE NON-NATIVE VEGETATION IN THE LEISUREVILLEIWOOLBRIGHT PLACE PARK SITE; AND PROVIDING AN EFFECTIVE DATE. \VHEREAS, Palm Beach County Board of Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with the removal of invasive nonnative vegetation from publicly owned lands; and \VHEREAS, the City's Recreation and Parks Department has been awarded a $5,000 grant to remove invasive non-native plant species at Leisureville/Woolbright Place park site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida , upon recommendation of staff, hereby authorizes and directs the City Manager to execute an Interlocal Agreement between Palm Beach County and City of Boynton Beach, providing for assistance in removal of invasive non-native vegetation in the Leisureville/Woolbright Place park site, which Agreement is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon assage. S:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement PBC - Nonnative Vegetation. doc -',---~ ~ ~A___."."""'~"____ ~_..~ '~>_~~~~.r¥~. __~_<_._~ . - -~ç------ ~ __ ~.,.,,____~-_,~ '-.' .--- ,.t<-. -~.~---- '-'-~,",,-~ _~_T~___~"""'____~'-"'_~ >~n" PASSED AND ADOPTED this _ day of September, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) :\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement PSC - Nonnative Vegetation.doc INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF BOYNTON BEACH, FLORIDA DISTRICT 3 This Interlocal Agreement (hereinafter "Agreement") is made the day of ,200_, between the City of Boynton Beach, a municipality located in Palm Beach County, Florida (hereinafter "Grantee") and Palm Beach County, a political subdivision of the State of Florida, (hereinafter "County"), each one constituting a public agency as defmed in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into inter10ca1 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, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and WHEREAS, certain species of prohibited invasive non-native vegetation are spreading rapidly into natural areas in the County, displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative monocultures; and WHEREAS, certain species of prohibited invasive non-native vegetation have a variety of noxious qualities, including, but not limited to, adverse effects on human health, hazards to public safety, and undesirable aesthetics in the County; and WHEREAS, the 1989 Comprehensive Plan, as amended, mandates that the County shall continue efforts to eradicate prohibited invasive non-native vegetation; and WHEREAS, the nine prohibited invasive non-native plant species (Air Potato, Australian Pine, Brazilian Page 1 --->._-,,_._---~.-,-," , _ ~_~~-_,,_~~~..._.."_£."o._ _.,___"t_........:,-~~~~"..__r ~_______ .- -_~_III , -.'>'-"-' Pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, MelaJeuca, and Queensland Umbrella Tree) are also found in both unincorporated and incorporated areas of the County; and WHEREAS, eradication of prohibited invasive non-native vegetation will require the combined efforts of the municipalities and the County to stop their spread; and WHEREAS, the Board of County Commissioners has established and funded a grant program to financially assist municipaJities and other public agencies with removal of this invasive non-native vegetation trom publicly owned lands and related educational activities, and NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: ARTICLE 1 - PROJECT TO BE COMPLETED BY THE GRANTEE: The Grantee agrees, during the term of this Agreement, to assist in the removal of invasive non-native vegetation within the County as specifically set forth in Exhibit A attached hereto and made a part hereof. The Grantee shall coordinate work on the project with the County's Department of Environmental Resources Management, hereinafter referred to as the Sponsoring Department, and shall submit all invoices, reports and records to the Sponsoring Department, as specifically set forth in Exhibit B and Article 8, hereof ARTICLE 2 - PAYMENTS TO GRANTEEIREIMBURSABLE: The County shall pay to the Grantee as reimbursement of the Grantee's expenses, an amount not to exceed $5,000.00, provided the Grantee completes the removaJ project as described in Exhibit A, and meets the estimated match requirement of $5,000.00 as noted in Exhibit A. Activities eligible for match requirements include (actual) contributions (e.g., equipment usage/direct operating expenses/in-kind services), funding from other non-County grants and repJacement planting with vegetation native to Florida. Costs relatedto in-kind services (e.g., planning & design) shall be limited to salaries and fiinge benefits. Only those costs incurred after the effective date of the Agreement will quaJif)r as matching funds. County funding can be used to match grants from other non-County sources; however, the Grantee cannot submit reimbursement requests for the same expenses to more than one funding source or under more than one County-funded program. The Grantee will bill the County upon completion of the project, for expenses actually incurred and paid, up to the amounts set forth in Exhibit A for the project. The Grantee shan be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance by the Page 2 County of a properly completed Payment Request Summary Fonn, provided as Exhibit B. In support of the Payment Summary fonn, the Grantee must also provide, from its accounting system, a listing of expenditures in detail sufficient to evidence actual payment and that said expense was necessary in the perfonnance ofthe Scope of Work described in Exhibit A. The Grantee shall supply any further documentation such as copies of paid receipts, canceled checks, invoices or other documents deemed necessary by the County. All supporting invoices and receipts must clearly state that goods and/or services were invoiced to Grantee and not to an individual or "Cash." In the case of reimbursement for a portion of a salary, the canceled check subllÙtted as invoice must be payable to the referenced individual and memorandum as such on the check. Reimbursement requests received from the Grantee will be reviewed and approved by the Department of Environmental Resources Management, 3323 Belvedere Road, Building 502, West Palm Beach, FL 33406-1548, which will indicate that the expenditures have been made in confonnity with this Agreement and send the payment request to the County's Finance Department for final approval and payment. The invoice must be subllÙtted along with a final report, as described in Article 8 below. ARTICLE 3 - AVAILABILITY OF FUNDS: The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Palm Beach County. ARTICLE 4 - INSURANCE: A. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee acknowledges it is self-insured under State Sovereign Immunity statutes with coverage lillÙts 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, which the County agrees to recognize as acceptable coverage for General Liability and Automobile Liability msurance. B. In the event the Grantee does not rely exclusively on sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee shall agree to maintain third-party Commercial General Liability at limits not less than $500,000 per occurrence. With respect to Commercial General Liability, Grantee shall agree to add the County as an "Additional Insured." Page 3 -. ~ . . - ".--- .~_..-"c<><.......~""",..,,__=_~-"'i'....~--·_.._,.--'-'· ---.-~'~- . _ _'__~_'--"'-;'.._J. _ ___ ~,~~_~"__"""___",,,,,,_,_,_~ .,---",,~..-~--~ C. The Grantee agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes, Chapter 440. D. The Grantee shall 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 required coverages. The Certificate Holder will be: Palm Beach County, Dept. of Environmental Resources Management, 3323 Belvedere Rd., Bldg. 502, West Pabn Beach, FL 33406-1548. ARTICLE 5 - INDEMNIFICATION: Without waiver oflimitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the County agrees to indemnify and hold hann1ess the Grantee from any claims, losses, demands or cause of action of whatsoever kind or nature that the Grantee, its agents or employees, mayor could sustain as a result of or emanating out of the tenns and conditions contained in this Agreement that result from the County's negligence or willful misconduct. Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the Grantee agrees to indemnify and hold hannless County from any claims, losses, demands or cause of action of whatsoever kind or nature that the COWlty, its agents or employees, mayor could sustain as a result of or emanating out of the tenns and conditions contained in this Agreement that result from the Grantee's negligence or willful misconduct. Nothing herein shaU be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. ARTICLE 6 - WARRANTYIPERSONNEL: The Grantee warrants that all project-related services shall be performed by skilled and competent personnel to the highest professional standards in the field. The Grantee further represents that it has, or will secure at its own expense, all necessary personnel required to complete the project under this Agreement, and that they shall be fuUy qualified and, if required, authorized, permitted and/or licensed under State and local law to complete such project. Such personnel shaU not be employees of or have any contractual relationship with the County. ARTICLE 7 - EQUAL OPPORTUNITY PROVISION: Page 4 The County and the Grantee agree that no person shall, on the grounds of race, color, sex, age, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded ITom the benefits of, or be subjected to any form of discrimination under any activity carned out by the performance of this Agreement. ARTICLE 8 - GRANTEE'S PROJECT-RELATED AGREEMENTS: The Grantee further agrees: 1. To allow the County through its Sponsoring Department to monitor Grantee to assure that the project is completed as outlined in the Exhibit A. 2. To provide the funds for the balance of the project not funded by the County. 3. To maintain books, records, documents, and other evidence which sufficiently and properly reflects all costs of any nature expended in the performance of this Agreement. 4. That all records shall be subject to the Public Records Law, Chapter 119, Florida Statutes. 5. That the County shall be promptly reimbursed for any funds which are misused or misspent. 6. To complete the project, and submit a final 1-2 page project report to the County by the Agreement expiration date noted in Article 11 below. The [mal report shall include a Payment Request Summary Form along with documentation, as described in Article 2 above, and a copy of a brief press release higWighting the successes of the project and acknowledging the contribution of the grant towards the project success. Failure to submit completed reports withiri the specified timeframe will result in a delay in payment and/or termination of this Agreement. ARTICLE 9 - ACCESS AND AUDITS: Grantee shall maintain adequate records to justify all charges, expenses and costs incurred in accordance with generally accepted accounting principals. The County shall have access to all books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the project. ARTICLE 10 - PUBLIC ENTITY CRIME CERTIFICATION: As provided in ES. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the Page 5 -~-,----..--." _~1 -011_ "f'-WV ~----- -, -. _.~~~........._""",-------~....._>.......~.,.,.....,...-.............-.<._.<=-._--- ~ -. -_...,""""-.;......-.-""""......,~--.~'''"'"..-''"'"''¡.----'~ ~>-- "" -- Grantee certifies that its suppliers, subcontractors and consultants who will perfonn 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 F.S. 287.133 (3) (a). ARTICLE 11 - EFFECTIVE TERMffERMINATION: The tenn of this Agreement shall be effective on the date of execution of the Agreement by both parties and shall continue in full force until July 1, 2005, unless otherwise terminated as provided herein. This Agreement may be terminated by either party upon thirty (30) days written notice by the tenninating party to the other party, provided that the County will not arbitrarily or unreasonably deny funding to Grantee under the tenns and conditions set forth herein. ARTICLE 12 - NOTICES: The County's representative/grant manager during the term of this Agreement is identified as: Department of Environmental Resources Management Attn: Director 3323 Belvedere Road, Building 502 West Palm Beach, FL 33406 (561)233-2400 Fax: (561) 233-2414 The Grantee's representative/grant manager during the tenn of the Agreement is identified as: Wally Majors, Recreation & Parks Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 (561) 742-6255 Fax: (561) 742-6090 All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States mail to the County and Grantee representative/grant manager identified above, respectively, and with a copy to the Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beach, FL 33401. Page 6 ARTICLE 13- ENFORCEMENT COSTS Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of tills Agreement shall be borne by the respective parties provided, however, that tills clause pertains only to the parties to thís Agreement. ARTICLE 14- COMPLIANCE WITH LAW The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services under thís Agreement. The Grantee acknowledges that thís requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include tills provision in all subcontracts issued as a result of thís Agreement. ARTICLE 15- REMEDIES This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement wí11 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 shan 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. ARTICLE 16- SEVERABILITY In the event that any section, paragraph, sentence, clause or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of thís Agreement and the same shall remain in full force and effect. ARTICLE 17 - ENTIRETY OF AGREEMENT The Grantee agrees that the Scope of Work has been developed from the Grantee's funding application and that the County expects performance by the Grantee in accordance with such application. In the event of a conflict between Page 7 ... _...-.~-----.- _ ·~__""""""'_~-____"""""'_"__"_"""__""'''''''_""-",;,o-e_,,...-"_~· .-..-._---=._~--_."""--. -,- the application and this Agreement, this Agreement shall control. The County and the Grantee both further agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 18 - COUNTY'S AUTHORITY TO EXECUTE AGREEMENT The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute this Agreement to the County Administrator, the Director and Deputy Director of the Department of Environmental Resources Management on February 25,2003. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the County and Grantee has hereunto set his/her hand the day and year above written. PALM BEACH COUNTY, FLORIDA CITY OF BOYNTON BEACH, FLORIDA, BY ITS FOR ITS BOARD OF COUNTY COMMISSION COMMISSIONERS By: By: Jerry Taylor, Mayor Date Richard E. Wa1esky, Director Date Environmental Resources Management ATTEST: By: APPROVED AS TO FORM AND Janet Prainito, City Clerk Date LEGAL SUFFICIENCY; By: Assistant County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: James Cherof, City Attorney Page 8 , ' . 1'"'f EXHIBIT A -- ORIGINAL ( .- City of Boynton Beach LeisurevillelW oolbright Place Palm Beach County 2004-2005 Public Lands Grant Program Invasive Non-Native Vegetation Removal Proiect Applicant: Wally Majors, Recreation & Parks Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 (561) 742-6255 f!r .-. v ~; '¡ \!J. r',"" -'""'1M ~~; ~1;i"c . , ': ...!-'i--"" ~ =- ~ &- --,--....--._,'"""-~...~.<'----_....>.~- - -- ~-~<--..---- .'-"-^- -; ---"'-- _> ..,.-.,,~..._~<c_~-~.~.,,_. ",~ .-- · PALM BEACH COUNTY /""- PUBLIC LANDS GRANT PROGRAM ( INVASIVE NON-NATIVE VEGETATION REMOVAL ____ ________. __ _ ~____________ ___ _____ u __ _______..~______._._ _.______.__.__ -- -. .. - ____~____~_.________~ ____.____ - ____ __ _"__ ~ - __~_ _._ - __ _"___U___ ___________~_.____ u___..".___._____.__ ._-----.-~--.._------~---,--- ----.. ------- -------- --- ..~-~- ----------------~ -_.~ PROJECT INFORMATION Aroouot of Grant Request _$5,000. QQ________ Total Project Cost: $1 0,000.00 _____ Matching Funds Available? If yes, describe the specific sources and amounts: $5,000.00 match in funds are available in the City's Capital Improvement Plan. ---- ----------------- ---~------ (- Esthmted Project Start Date: 12/04 _____ Estimated Project C01q)letion Date: 4/05 -----~ ...~- f1 - Minimum Criteria Description Describe, in detail. in the spoce provided, how this project meets each of the six (6) minimum criteria. If more space is required, please attacJr a separate page œuJ note question number. t. Project mmt be subnñtted by a qualified applicant and must be designed to reroove one or roore oftbe County's nine prohibited plant species (Air potato, Australian pine, Brazilian pepper, carrotwood, earleaf acacia, kudzu. old-woÌ"1d climbing fern, mela1euca, umbrella tree). Austrailian pine, Brazilian pepper, earleaf Acacia, meJaleuca and umbrella tree will be removed from this project site. ._--_._--------~----.---_._--- _.._----------~--------------- - - ---~- ---- -~._----_._~--~-~._---.-_._.-.---------_._--_.------------_._~.----_.- 2. Project must be located on public lands managed or maintained for greenspace, or preservation/conservation. This project site is owned by the City of Boynton Beach and is mantained as greenspace, reserved for a future park. _._______ ___"___ _u___.________~~____._~ __________0_ __..____,.._____.___ _._._ __ .._ __. __ __ >__._ ___ ---·-·----.----__.-__0_._- ___.________________._.___...__._.______ ___~_.__.___ 3. Project cannot be a required mitigation project with an invasive plant removal requirement. This project is not a required mitigation project. -----~-------.--.-------_. -----0-- __ __ _·_____________________._n___~_ __ __ __.____ ____ "___________. ____>_______._ _._h_______ _ __________._____ ..h_____.__~_______ ~Jí~¡~~- -J! -'~i"'''~l~¡;--~¡_-~'¥~~~t!;t,.~O~& -;.t..i\-~_-)¡l~jiì¡.I! I: IT Public Lands Grant Program Application - Project Title: Le~~ureville/Woolbright p'ªce Page 2 -~;~~~~ši§~~~7~W~~~~~fu~%:~~gi~~~~~~~~r~~1~;~~g~Þ~~i~4'~~JI;:~z..~~~if1X.i}~:¿;3~~gtSi,,~"1:â:;:;:£%~~~'9f;~~ø:,.~"117ß (- Minimum Criteria Description - Continued 4. Project applicant must have financial means for perpetual follow-up maintenance. Describefollow-up schedule andjùnding source for perpetual moÙftenance This site is currently maintained by the City's Division of Forestry & Grounds and will continue to be maintained by this division. Maintenance is funded by the City's General Fund. . -.---- ~--~-------~-----_._-- _._-~-- .-.._,-----,- -~--------~>-- ---- ~-~- ~---_._~---- -~-_._-~-------------------_.- ---_.~------------------~---------- --" ------- -_.__.~-- .--- ---~----- -- --- ---- - 5. Planting/restoration plan (if applicable) must include Florida native vegetation and may not include Florida Exotic Pest Plant Council Category I or II plant species (see www.fleppc.org for most current list). This site will not be replanted at this time. ----- _F_________~___~_______._____________~__~~_____~__~_______ 6. Project must have a minimum fifty-percent project match, except for those municipalities specified in the Project Match Requirement section. Deðcribe jùnding source for match and how match will be used. $5,000.00 match is in the City's Capital Improvement Plan. The match will be used with the grant to pay a contractor to remove Austrailian pine, Brazilian pepper, earleaf acacia, melaleuca and umbrella tree. / -~~- ~-------_._.~--_._.~_.-_._--------- 7. Project cannot involve the clearing of native vegetation for maintenance purposes. No native vegetation will be removed for maintenance in this project. (- ~. - tif' Project Location Description Describe project location. neJlTeSt cross streets, property type (natural area. open space, etlSement. ..J, property use, property owner, agency(sJ with mmwgement responsibility. Include natural area description if applicable. ··Anach a site plan showing the project elements along with a general location map and an aerial photo of tlte project vicmity. Maps should be 110 greater thon J J .. x J 7. .... LeisurevillelWoolbright Place is located in Boynton Beach one block west of the intersection of SW 8th Street and SW 1st Court. leisureville and lake Boynton Estates residential properties border the project site. The 3.5-acre site is owned by the City of Boynton Beach and is maintained as greenspace, reserved for a future park site. Please see attached general location map and aerial photo. _______________.___ _____ _~____________..__ _~______ ~._____.____ _._____.___.___________~__.___._______________u___ _____________ _."____________,_ __________._ .__ ~. ______________ . __ IncJude Project Location X, Y Coordinates in State Plane NAD 1983: X: 956,65-.!:~___~~__~~~ Y: Z97,ª?:~n__.~~.~ ._. ~~..- J [~!U -~·r!1iifi.~w..~~ ~ f l~__~-],~~~~fj~~ ~_._----~,.-.....--......- -...... -' '.-~>--~q-~,~><-~_.,..-, _ ~........___,__._....._~YO _<. . ""._~--...."",",,,,,,,, =.~ 04·· -,___." -." ,.- .~-._ ."-.~-...............~--- Public lands Grant Program Application - Project Title: _Lei~u.r~yill~!'J\I()Q.I!>ri9~t Place Page 3 ~~~~.îSi;ì!t~~Y~~~~{f~~'iÌ~:Jt~iíßt~"&[it~Íi¡;~'~~~~~~ r Detailed Project Description This description is to answer information for scoring the applications by the judging committee and for compliance with the minimum grant criteria. Must include project location description. targeted invasive non-fI/ltive plant species, acreage of infestation, scope of wort, wiD the work be preformed in-house or contracted out (if contracted out, describe contract pricing), method of removal (mechanical. herbicides, hand pulling...), project milestones, and replanting species. Project location description This site is located in a residential area west of 1-95 in Boynton Beach. It borders two neighorhoods, Leisureville and Lake Boynton Estates. Some of the native vegetation includes: saw palmetto, avacado & citrus trees, slash pine, poinciana and women's tongue. The invasive non-native vegetation is located throughout the site and is highly visible to neighboring residents. The Leisureville/Woolbright Place site is currently maintained as greenspace by the City's Division of Forestry & Grounds. Once the initial removal of the invasive non-native plant species begins, an on-going maintenance program for this project site will be implemented, which will include quarterly mowing and removal of exotics that may re-grow. Targeted invasive non-native plant species The following plant species will be targeted: Austrailian pine, Brazilian pepper, earleaf acacia, melaleuca and umbrella tree. Acreage of infestation There is approximately 2.5 acres of infestation on this projcet site. (?> Scope of work ~-'...-.- Work will be contracted out. The City will refer to the contractors on our bid list who are approved to perform this type of work. Contractors on the bid list have been approved based on an hourly rate. Invasive non-native plants will be removed by hand pulling and mechanical means. We will remove approximately 50 feet around the perimeter from improved property. The City's Division of Forestry & Grounds will implement an on-going maintenance program for the project area that targets invasive non-native plants. Project milestones * An educational notice will be sent to neighboring residents describing the invasive non-native vegetation being removed and the benefits to be derrived from this cooperative project by November 2004. * Contractor will be selected by November 2004. * Project will commence in December 2004. * Project will be completed by April 2005. Replanting Species We do not plan to replant at this time. / '- ---_._-------_._-----------_._----~._----~-------------------- ----------_._-----------~-----_._-- Jl fit.. !I~¡~ .- : J ~ 1 !!i~J. ._ ¡'¡~~ØJ! ¡¡'~~rl . -~- n Public lands Grant Program Application - Project Title: leisureville/Woolbright Place Page 4 )~~~}t~~:-~~~f,-~-~;::~::;:--:~~)':}-'--'i_/--:::-i_ ::,~i;~ ~::".,;<--~;.--: ::~- -:..: ;--'-:-?:.-::.::~";. ~ >:;'~, (- Project Narrative Provide any additiofUll mfonnation that describes how the proposed project win meet each of the Judf!inl! Criteria noted m the application guidelml!$. The goal of this project is to target removal of Austrailian pine, Brazilian pepper, earleaf acacia, melaluca and umbrella tree from the leisurevillel Woolbright Place greenspace. Follow-up monitoring and maintenance of the site by the City is available in perpetuity. The City has the required 50% match available in our Capital Improvement Plan and is ready to commence the project upon the exceution of the grant agreement with the Board of County Commissioners. __ _.u_ ____0_ __0_ £i~JM$Jâ;SÊi~.ft'"¿ZS~~~t~Ì~~~·~:æS~~~~~~4¥j!~3.~-~;'?2ii¿t.:~L}JJ~i-~f:~;f~~:!'Ù~~ii~~$~~b-7~~J.'Z~E.2t~~&""?i~:${1J-:i~~~~~~~2.f-f::;_~:;~li.;'f~1Æ:~~·;·:~~.:_\~··r&~_~_i~\~\'-1:\~~~~ Certification: I certify that to the best of my koow1edge. all of the statements contained in tlñs application are correct and c01q)lete. Submit 10 copies and 1 original to the foUowing address: Signature:/~ ___________- Public Lands Grant Program Coordinator Print Name: Wally MªJ9fS Palm Beach County Title: R~creation & Parks Director Dept. of Environmental Resources Management ~-~ 3323 Belvedere Roa~ Bldg. 502 Date: May 7, 2004 West Palm Beach, FL 33406 ,- ~ ~---4"""__~",<"...~~,__'''~''~'''''''''''''''__._;O_'_~__'''''''''_'"'' --,,~..,~""'""----"'"'.._~"'"~--_._~---.. <,-~~---~ I I - - - II I' .. -....-. .. .'!.~-_.~~¡~ :S:l!~j} ::~::;~~. ~.'~ 1/ .,' ~~ ~~';;'"~~Jt !r ..-.-'----.-"..... -,.,'"..,<',....~ ,,*,.,,> ~. '4ò", ~ ,?r:m~~~ - .,- ,w'<~~. I ~.':"'.;+.,';'i>::"i'.,¡. . ·-'····;·"....:'2"'.. .~ " - ,ic'r'" _, ~.!itc..c"'~ ~~"""-tl''t ?;.' ,-_.~ __i....;....~.~ ~ ;:_-.;,.:'~ _ ," _~..""~~ 'c, ~ i_~ B ,,-,,-,.-~~,-:r\,;~ f ';if', ="'~!f) ..'i'..'~...." Ci!1.. k.... ~~'-s. ._......~"""_.3. . ...... .' . - ''\I" " _. 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Exhibit B ( Lei sure V ¡I r e IW 00 r b rig h t Place I "0 co 0 0:: c B c >. 0 tD "0 Boynton Beach Blvd. Õ - CD e 10 - (J) C» ('" £; s co l!J ~ ~ en S c " & ~_:~~.-.--- ,~ N Legend ... Streets Feet , '- 0 360 720 1,440 s ~ Park Water Body " ~....-_.. ... -~~-----""...-.,,-_. ~---->-~~><;¡.-,~--...,,,-"< ,-- _4__'__,__ --.----..---- .-.....-..... '1"1 I I . I I I I >- .,.. , " ~~~~~~~~~~~~~~~,;~?;"-: :"".."~....,.,~ .,:'._';:" --.:~. ::.:' ·Wt~ ý' " .".' ~ ..}- .. , ,.' .~ - ~ -,..-:.;-:- -- . - .:~ " . ~ .t-:; ;".:{, <i; \" :~.~.' ¡~' ..1;..·"~ . ~ ,...,,'~, ~~\. 1 j ," ..~ ;'ï I -.... .....?... J,!o'p :\. ",'#-'. ~" r ~" . ":" ~ ~:!;';~~';,~;~ ' t.,·;, , ¡. 't\..\ :), , ~ \. .. ~ :-::.,..")....~~""'.;;" , Ii 1 .... ,~.., -;<.... ~.:.élA, ""._..,I"!..~'~~~".~,"Þ4C ''': \' :_\. F' .~,'..r~· ': ' ~'Y~'...ile:'lk"¡'~"-'."''IJ '.. ~'--,\ "V-I ~ . -' _",'>~ ~:-<':,,';';'" ,'; _~' ~.~ it >.- -....,~~- "__, -..:!,:'.....; . ',' L'f':' ~~~,. ~ _'1, ,,'" ".. .... ~ f"",\'" ..-,,~!': .;;::: '''~-''''~~., ' ~ ,^ /f! . ,"."..~' ::'''' ~ " ' . " ! ',-, cO_ 0 ...~. " ." ~ , ., ~ \".... ;?, i ~i 'þ ,¡: ) , i 'Ï - ,,' ~ , -~ " '" ~ ,r., . , .:,. '.. :t' ,'~:;,~, ;; ,~ ~ "',i\j~. -' _ - 'It' J-? .:}.~ "'c ~,..,.... 'f d'.' c t '"l r~i ~ .....:.- ~):, c, ~, ~ 1';,,;. , " . (, /ì )'(' t~; '. { -,'4" '" ., ,f r j i.. j ~ ;,," ..of: .~ ..-.~ "-.. -...... "'--::"';'~ /.1;;:';::-; . . ~ .. . EXHffiIT B PAYMENT REQUEST FORM FOR INTERLOCAL AGREEMENT GRANTEE: GRANTEE'S GRANT MANAGER: COUNTY AGREEMENT NO.: R_ -_ DATE OF REQUEST: PERFORMANCE PERIOD: AM:OUNT MATCHING REQUESTED:$ REQUIRED:$ GRANT EXPENDITURES SUMMARY SECTION fEffective Date of Grant through End-of-Grant Period] AMOUNT OF THIS MATCHING FUNDS CATEGORY OF EXPENDITURE REQUEST Salaries $ $ Fringe Benefits $ $ Subcontracting: Planning $ $ Design $ $ Removal related Costs $ $ Supplies/Other Expenses $ $ Public Information / Outreach $ $ TOTAL REQUESTED $ $ TOTAL GRANT AGREEMENT $ TOTAL REMAINING IN GRANT $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above were for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent . Print Name Print Name Telephone Number Telephone Number Exhibit B, Page 1 of 1 VI.-CONSENT AGENDA ITEM C.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 c=J August3,2004 (Noon.) July 19, 2004 D October 5, 2004 (Noon) September 20, 2004 c=J August 17, 2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August 16,2004 D November 3,2004 (Noon) October 18, 2004 r8J September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November 1,2004 C) D D 0 C">-4 Administrative Development Plans -- - =i-< [8J Consent Agenda D New Business en -<0 NATURE OF rr1 ,.," --0 AGENDA ITEM D Public Hearing D Legal I ,-<:0 ,·,~o D D ~ :;~-< Bids Unfmished Business --z D Announcement D Presentation ~~ ~-_J~ --( C> __':110 ;-:JZ D City Manager's Report (,) "1 .,ro r'<) -- r-1 n> \..D ¡Tin ::£: RECOMMENDATION: Approve the license agreement with Jazzercise, Inc. to institute a monthly rental fee for use of the Civic Center Auditorium and Hester Center Gymnasium to conduct weekly Jazzercise classes and establish a revenue sharing percentage for Jazzercise program registration fees. EXPLANATION: Various Jazzercise classes and programs are offered at the Civic and Hester Center. The agreement with Jazzercise, Inc. is due for renewal. PROGRAM IMPACT: Maintaining an active lifestyle is a critical factor in personal health and well being. The Recreation & Parks Department and Jazzercise, Inc. have a long relationship in delivering this type of service to our community. These programs benefit youths and adults. FISCAL IMPACT: Jazzercise classes will generate $10,200 in annual rental fees and additional revenue will be collected from program participation fees. ALTERNATIVES: Do not renew Qxr nego te the agreement. City Manager's Signature Department Name ~ City Atto Y / Fmance / Human Resources S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R 04- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 5 THE EXECUTION OF THE LICENSE AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH AND 7 JAZZERCISE, INe.; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 WHEREAS, upon recommendation of staff, the City Commission has determined that 11 it is in the best interests of the residents of the City to execute a License Agreement with 12 Jazzercise, Inc. to institute a monthly rental fee for the use of the Civic Center Auditorium 13 and Hester Center Gymnasium to conduct weekly Jazzercise classes. 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 16 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 17 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption 20 hereof. 21 22 Section 2. The City Commission of the City of Boynton Beach, Florida does 23 hereby authorizing execution of the License Agreement with Jazzercise, Inc. is attached 24 ereto as Exhibit "A". 25 26 PASSED AND ADOPTED this _ day of September, 2004. 27 28 CITY OF BOYNTON BEACH, FLORIDA 29 30 31 Mayor 32 33 34 Vice Mayor 35 36 37 Commissioner 38 39 40 Commissioner 41 42 43 Commissioner 44 TTEST: 45 City Clerk ~9 :ca\Reso\Agr\Licencc Agrcemcnt - Jazzercise 48 - --- -."-- -. 0_ L.___._~",,_..._~"~.___.._,____~ ,....."-~-- . ~ . "-.'. "' - -~~-" <-.' "- ..... >.- ---..- LICENSE AGREEMENT THIS LICENSE AGREEMENT, ("Agreement"), made this _day of , 2004, by and between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "CITY" and JAZZERCISE, INC., a Florida corporation, with a business address of , hereinafter referred to as "LICENSEE". 1. DESCRIPTION OF THE PREMISES CITY hereby grants to LICENSEE the right, license, and privilege of occupying and maintaining certain CITY owned premises and improvements located at the locations as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the ".Premises" or "Property"), subject to the tenns and conditions set forth in this Agreement. 2. LICENSE FEES, CLASS FEES, and PAYMENT 2.1 LICENSEE shaH pay CITY Eight Hundred Fifty and 00/1 00 ($850.00) doHars at the time of execution of this Agreement. 2.2 LICENSEE agrees to pay CITY thirty percent (30%) of the total revenue received by LICENSEE for each Junior Jazzercise and Teen Jazzercise class held between the months of October 1,2004 and April 30, 2005. 23 CITY shaH provide LICENSEE with thirty (30) days notice if the CITY intends to cancel orre-schedule a class. 2.4 LICENSEE shalJ pay CITY Twenty Five and 00/100 ($25.00) doUars on hour to cover cost of staffing on CITY holidays in the event a class is held on the foHowing days: New Y ear's Day~ Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Eve Day, and Christmas Day. The payment is required as the facilities would normally not open on those days. 2.5 Any fees charged by LICENSEE must be approved by CITY. 2,6 ili .... No later than the tenth (10 ) day of the month, LICENSEE shan deliver to CITY an itemized statement showing an funds received during the preceding calendar month. Attached to the statement shaH be the applicable payment due to CITY. Page 1 of9 3. TERN! This Agreement shall commence on October 1, 2004 and tenninate April 30, 2005, unless tenninated prior to said date as provided for herein below, and shall be renewable thereafter upon mutual consent of the parties. 4. USE OF PREMISES 4.1 LICENSEE shall use and occupy the Premises only for Jazzercise Classes, and not used for any other purpose whatsoever without the written consent of the CITY. LICENSEE covenants that he will not, without written consent of the CITY, pennit the Premises to be used or occupied by any other person, finn, entity or corporation other than LICENSEE or its agents. LICENSEE further covenants that no nuisance or hazardous trade or occupation shaH be pennitted and nothing shall be kept in or about said Premises which will increase the risk of any hazard, fire or catastrophe, and no waste shall be pennitted or committed upon or any damage done to said Premises. LICENSEE shall not pennit the licensed Premises to be used or occupied in any manner which will violate any laws or regulations of any governmental authority. 4.2 CITY wiH maintain control of class schedules, class enrollment size, and the times of the use of the facility by LICENSEE. 4.3 CITY shall provide a stage or portable platfonn to elevate the instructor for the class to see. CITY shan provide a location for LICENSEE to store any equipment used for the classes at the CITY facility; however, CITY shall not be responsible for any loss of equipment or damage to equipment stored at the CITY facility. 4.4 Any signs, advertising, brochures, or pamphlets to be displayed in CrtY facilities must be approved by CITY. 4.5 LICENSEE shall submit to CITY monthly attendance reports which shall indicate attendee resident/non-resident infonnation. If class registration reaches the maximum enrollment number as established by CITY, then CITY residents shall have priority in fining the available class spaces. 4.6 LICENSEE shall schedule classes according to the following schedule: Class Dav Time Civic Center: Junior Jazzercise M 3:30p.m. Teen Jazzercise M 4:30 p.m. J azzercise M,W,F,Sa 9:00 a.m. and 6:00 p.m. Tuesday Ezell Hester: Jazzercise T,Th 9:00 a.m. Page 2 of9 _~... -"'-.;:-1. " "'"-,-- .~ .__,-,,_ _~_,~~_,_ _'."~ .__/ _~~__,,__._ __,~_ __n__ _ __0' n _, .____"".~._=__.~___"'..._~~-...~_~.~~..__-_~~_ _,"_~ ...___ .___;.3_ 4.7 Each of the above classes is for one-hoUT, and LICENSEE may not hold any classes other than those listed above without the prior approval of the CITY. Following the completion of the class, LICENSEE shall not remain on premises to conduct any other activities, but shall leave the premises as soon as possible following the completion of the class. 5. ASSIGNMENT LICENSEE shall have no authority to assign any portion of the Premises during the Tenn of this Agreement. Should LICENSEE attempt to assign this license, then the license shall be terminated forthwith without prior notice to LICENSEE. 6. DAMAGE TO PREMISES LICENSEE agrees that all personal property, inventory, or stock placed on the Premises shall remain the property of LICENSEE, and shall be placed on the Premises at the risk of LICENSEE. LICENSEE shall give the CITY prompt written notice of any occurrence, loss, incident or accident occurring on the licensed Premises. 7. INSPECTIONS CITY, its agents, OT authorized employees may enter upon the Premises at all reasonable times and hours, to examine same to detennine if LICENSEE is properly maintaining the Premises according to this Agreement. 8. INDEMNIFICATION LICENSEE acknowledges that any personal property placed on the Premises is at LICENSEE's sole risk. LICENSEE shall indemnify and save harmless and defend the CITY, its trustees, elected and appointed officials, agents, servants and employees ftom and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of LICENSEE, its agents, servants or employees in the use of the Premises, for all costs, losses and expenses, including but not limited to, damages to persons or property, judgments and attorneys' fees arising out of or in connection with the uses or operations pennitted under this Agreement. The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by the LICENSEE and requires a specific consideration be given therefor. The parties therefore agree that the sum of Ten DoI1ars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by LICENSEE. Furthennore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall serve the tenn of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. Page 3 of9 9. INSURANCE LICENSEE shall provide, pay for, and maintain in force, at all times during the tenn of this Agreement the kinds and types of insurance as are Jisted on Exhibit "B". Submission of proof of insurance coverage shall be submitted to the City's Risk Manger at the time of execution of this Agreement. Failure to submit proof of continuing coverage, when requested by the City's Risk Manager shaH constitute grounds for immediate tennination of this agreement. 10. MAINTENANCE OF LICENSED PREMISES AND UTILITIES CITY agrees to provide janitorial services and electricity to the Premises at no additional cost. LICENSEE shall be responsible for providing and paying for all costs associated with telephone and facsimile equipment and any other utility costs and expenses associated with equipment placed on the Premises by LICENSEE. The LICENSEE agrees to maintain the Premises and aH personal property placed thereon in accordance with the terms and conditions of this Agreement and consistent with prudent and well-reasoned maintenance procedures and techniques. 11. AMENDMENTS It is agreed that no modifications, amendment or alteration in the tenns or conditions contained herein shan be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12. SURRENDER UPON TERMINATION Upon the conclusion of the tenn, or upon tennination of this Agreement, LICENSEE agrees to peaceably surrender and deliver the premises to the CITY in substantially the same condition as it was delivered to LICENSEE at the beginning of this Agreement, ordinary wear and tear excluded. Furthennore, LICENSEE agrees to remove rrom the Premises at their expense, any personal property or inventory placed therein. Upon completion of removal the condition of the Premises shall be safe and not a hazard. 13. WANER Failure of the CITY to insist upon strict perfonnance of any covenant or condition of this Agreement, or to execute any right herein contained, shan not be construed as a waiver or relinquishment for the future of any such covenant, condition or right, but the same shan remain in fun force and effect. 14. TERMINATION This Agreement may be tenninated by either party during the tenn hereof upon sixty (60) calendar days written notice to the other of its desire to tenninate this Agreement. Page 4 of9 --.._...-,.~ ~ =~'.~"~<C""__~. ,,_. o__,_....~_........_.-=__..,,"', ow. .....,.~-.',,"-__~ .-~- ---~~-._._-- "; __to·-· ~.-- 15. ~EPENDENTCONTRACTOR This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the LICENSEE is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application ofthe Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The LICENSEE shall retain sole and absolute discretion in the judgment of the manner and means of carrying out LICENSEE's activities and responsibilities hereunder. The LICENSEE agrees that it is a separate and independent enterprise from the CITY, that it has full opportunity to [md other business, that it make its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the LICENSEE and the CITY and the CITY will not be liable for any obligation incurred by LICENSEE, including but not limited to unpaid minimum wages and/or overtime premiums. 16. NOTICES Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. Notice shall be deemed to have been given upon receipt. For the present, the LICENSEE and the CITY designate the following as the respective places for giving of notice: CITY: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Attention: City Manager Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P .A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 LICENSEE: Page 5 of9 17. BINDING AUTHORITY Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 18. LAWS AND ORDINANCES LICENSEE shall observe all laws and ordinances of the CITY, county, state, federal or other public agencies directly relating to the operations being conducted on the Premises. 19. SEVERABILITY If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 20. GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the CITY and the LICENSEE and supersedes all prior negotiations, representations or agreements, either written or oral. THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFf BLANK Page 6 of9 ~ ~ __","_"_._~__~_,.... o~___,~._-_~_.__ _ < _'. ..~ '" _""-' _ .._~____"'" _ c._~ .o--<~~._;'--<' _~.__>__.~...~tp_____.o .,.--+",-~~""""",,--~ IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Mayor City Clerk APPROVED AS TO FORM: Office of the City Attorney LICENSEE Signed and delivered in the presence of: Print Name Print Name STATE OF FLORIDA · · COUNTY OF PALM BEACH · I HEREBY CERTIFY that on this _ day of 2004, before me personaIly appeared , personaIly known to be the individual who executed the foregoing instrument and acknowledged before that he executed the same for the purposes therein, IS personally known to me or produced as identification. Notary Public, State of Florida Print Name: Commission No. Commission Expires: DNT:dnt \\JGCDE ]S\LIBRARY\1990\900182.BB\AGMI\License Agreement (Jazzercise ).doc Page 7 of9 EXHIBIT "A" Facilities Covered by this License Agreement Civic Center Auditorium Ezel1 Hester Community Center Gymnasium Page 8 of9 .;.;.",-<~-....- ~~__.~-___~,,_>___~__.____~.~.______o_._~_>__ .--__;_<_ _,._ -"">--...-'.........-. ._---~----~,-. ..,_~....._ ~~r EXHIBIT "B" INSURANCE REQUIREMENTS Page 9 of9 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.I0. 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 o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4,2004 [8] September 7, 2004 o November 3, 2004 ("") (Noon) August 16,2004 (Noon) October 18,2004 f? O=¡ en -.;-< ~ September 21, 2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November I, 200fi;j --....0 ,-) -r¡ ~ I :::;-r:u \.D "0 ::~-< 0 Administrative 0 Development Plans -0 .--: :;z; :x (/) -¡ NA TURE OF [8] Consent Agenda 0 New Business - :::)0 - ~z AGENDA ITEM " ....,co 0 Public Hearing 0 Legal W -~ --J o~ 0 Bids 0 Unfinished Business fTJ("") :r: 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA nON: Approve and execute, via a Resolution, the agreement between Palm Beach County and the City to provide funding for the acquisition of the Jaycee Park property fTom Florida Inland Navigation District (F.I.N.D.). EXPLANA nON: F .I.N.D recently placed the Jaycee Park property on the lands available list. The City desired to retain the 5.57-acres as park property and negotiated with F.I.N.D. to purchase the property for $3,400,000. Palm Beach County Commissioner Mary McCarty has assisted us to secure $1,000,000 fTom the 2002 Recreation and Cultural Facilities Bond issue. These documents formalize the agreement. PROGRAM IMPACT: The City has leased Jaycee Park fTom F.I.N.D. since 1965. By purchasing the property, recreation opportunities will be increased, and some mangrove mitigation can be accommodated enabling downtown projects to move forward. The contract for sale and purchase with F.I.N.D. requires that the property be deed restricted in perpetuity for public waterfront use, the City develop the park according to the conceptual plans within forty-eight months after the closing and not seek funding fTom F.I.N.D.'s Waterway Assistance Program to do so. Similarly, the agreement with Palm Beach County requires that the City develop the property as described in the conceptual plans within five years, developing, operating and maintaining the project for boating, fishing and Intracoastal Waterway access for use by the general public. FISCAL IMPACT: The City has purchased the Jaycee Park property with funds appropriated fTom CIP account #302-4299-580-61-01; total purchase price $3,400,000 (plus closing costs). Under the agreement with Palm Beach County, the City pays the total purchase price, with the County reimbursing us $1,000,000 for the acquisition. Any additional costs must be paid by the City. AL TERNA TIVþ: ~ agreement and find alternative fundh~,.l~ Department Head's Signature ity Manager's Signature Recreation and Parks ~(l~~ Department Name City Attome mance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 I RESOLUTION NO. R 04- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 5 THE EXECUTION OF THE AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH AND PALM BEACH 7 COUNTY PROVIDING $1,000,000 FUNDING TOWARDS 8 I THE ACQUISITION OF JAYCEE PARK PROPERTY FROM 9 I FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.); 10 ! AND PROVIDING AN EFFECTNE DATE. 11 I 12 1 WHEREAS, the City has desired to retain the 5.57 acres as park property and 13 regotiated with F.I.N.D. to purchase the property for $3,400,000; and 14 I 15! WHEREAS, Palm Beach County has secured $1,000,000 from the 2002 Recreation 16 d Cultural Facilities Bond to reimburse the City of Boynton Beach towards the acquisition; 17 d 18 19 WHEREAS, upon recommendation of staff, the City Commission has detennined that 20 is in the best interests of the residents of the City to execute an Agreement between Palm 21 each County to provide $1,000,000 reimbursement for the acquisition of the Jaycee Park 22 roperty from Florida Inland Navigation District; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 28 eing true and correct and are hereby made a specific part of this Resolution upon adoption 29 ereof. 30 31 Section 2. The City Commission of the City of Boynton Beach, Florida does 32 ereby authorizing execution of the Agreement with Palm Beach County, which is attached 33 ereto as Exhibit "A". 34 35 PASSED AND ADOPTED this _ day of September 2004. 36 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 40 Mayor 41 42 43 Vice Mayor 44 45 46 Commissioner 47 48 <t ~"'_.'~'_~ _____..'"""""...._____~._~~_,______o_~ __ .. __._._~~>_~_____<___.__. ~~~'_.'._n_~~__...__,~__"....._.......-'" --.--~ -- 1 Commissioner 2 3 4 Commissioner 5 TTEST: 6 City Clerk à ca\Reso\Agr\PBC - Jaycee Park funding 9 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE PURCHASE OF THE JA YCEE PARK PROPERTY THIS INTERLOCAL AGREEl\'IENT is made and entered into on this _ day of ,2004, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the City of Boynton Beach, a Florida municipal corporation, hereinafter referred to as " MUNICIPALITY". WIT N E SSE T H: WHEREAS, MUNICIPALITY is to purchase from the Florida Inland Navigation District, hereinafter referred to as "FIND", the Jaycee Park property located on South Federal Highway in Boynton Beach, hereinafter referred to as "the Project"; and WHEREAS, MUNICIPALITY has asked COUNTY to financially participate in the acquisition 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 \VHEREAS, 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, upon completion of the purchase of the Project, it is the intention of the MUNICIPALITY to develop, operate, and maintain the Project for boating, fishing, and Intracoastal Waterway access use by the general public; 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 Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencIes share In common and which each might exercise separately; and WHEREAS, 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 parties hereto agree as follows: 1 ... >;-......----- .--..- '-"~--"---'~---.--"-- ..to - -?..-. 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 acquisition of the Project as more fully described in the Project Description, Conceptual Site Plan, and Cost Estimate attached hereto and made a part hereof as Exhibit "A". Section 1.04 MUNICIPALITY agrees to provide funding in an amount of $2,400,000 or greater to complete acquisition of the Project. The parties agree that the COUNTY shall provide its portion of the funding only after MUNICIPALITY has expended $2,400,000. 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 acquisition of the Project shall be Wally Majors, Recreation and Parks Director, Boynton Beach, 561-742-6255. Section 1.06 MUNICIPALITY shall acquire the property as more fully described in Exhibit "B" attached hereto and made a part hereof. Sectionl.07 MUNICIPALITY shall utilize its procurement process for all acquisition 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 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 within five years of purchase 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 MUNICIP AUTY agrees to complete its purchase of the Project from FIND within six (6) months from the date of execution of this 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 2 not unreasonably deny tvlUNICIP ALITY's request for said extension. 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 MUNICIP AUTY 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 MUNICIP AUTY upon completion of the purchase of and recording of the deed to the Project property from FIND. For each requested payment, MUNICIPALITY shall provide to the COUNTY's Representative a copy of the recorded deed from FIND for the Project property, FIND sale and purchase agreement, and executed Contract Payment Request Fonn and a Contractual Services Purchase Schedule Fonn, attached hereto and made a part hereof as Exhibit "C". Said fonns shall include information documenting the amount and date of the sale and purchase agreement, as paid by the MUNICIPALITY, and the amount paid by MUNICIP AUTY along with the number and date of the respecti ve check( s) paid for the purchase of the Project. MUNICIPALITY shall attach a copy of the respective check(s) 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 MUNICIP AUTY on the Project and shall also certify that the sale and purchase agreement as listed on the Contractual Services Purchase Schedule Fonn was paid by MUNICIP AUTY as indicated. Section 3.03 MUNICIPALITY shall provide a request for final reimbursement to the COUNTY no later than ninety (90) days following completion of the purchase and recording of the deed to the Project property from FIND. Section 3.04 The County agrees to reimburse MUNICIPALITY an amount not to exceed $1,000,000 for those approved pre-agreement costs accruing to the Project subsequent to August 1, 2004, as more funy described in Exhibit "D", Pre-Agreement Cost List. Section 3.05 County shan reimburse Project costs only after MUNICIPALITY has expended its share of Project funding in its entirety. MUNICIPALITY shaH provide the County with a certification, 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 MUNICIP AUTY under this Agreement. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT 3 F'I' .. ....~~~---._--. -----....-,~=_....--. . .----~~-~--.---,......,--_. - «, -~..~,.,.~--,...-....:-<...--.... ..;;----"~. -~ --. ,,------~.~-- --~ Section 4.01 MUNICIPALITY shall develop, operate and maintain the Project for its intended use by the general public for a tenn of thirty (30) years from the execution of this Interlocal Agreement by the parties hereto. After development, MUNICIPALITY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.02 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 4.03 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 parties not now a part of this Interlocal Agreement, other than another governmental entity that agrees to assume, in writing, 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 MUNICIPAUTY 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 forth 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, upon development, 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. MUNlCIP ALITY 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 tenn of this Interlocal Agreement shall be for a period of thirty (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 pennanent 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 perfonning the acquisition 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 4 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 nonnal 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 tenns 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: As to the COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth A venue South Lake Worth, FL 33461 With a copy to: County Attorney 301 North 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 perfonnance of any of the tenns 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 MUNICIP AUTY pursuant to this Interlocal Agreement either in whole or in part once the COUNTY has reasonably determined that no other remedy is available. 5 , ...-....----.< _~~_~. _~ '__"_'___'<__'__O_"""'-~A_~__".,~_.".....,,-,.__,· --~-,-",__~_"",<.--.>.-..-~_--t"'·_'____r .-.~ -- ARTICLE 9: REMEDIES This Interlocal Agreement shan be governed by the laws of the State of Florida. Any and an 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 shan be cumulative and shan 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. ARTICLE 10: FILING A copy of this Interlocal Agreement shan 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 an claims, liabilities, losses, judgements, and/or causes of action of any type arising out of or relating to any intentional or negligent act or omission of MUNICIPALITY, its agents, servants and/or employees in the performance of this Agreement. The foregoing indemnification shan 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 MUNICIP AllTY agrees to maintain or acknowledges to be self-insured for property insurance, 6 which would include 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 weIl as subsequent modifications of that sum; thereafter, All-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. Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this Interlocal Agreement. 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 shaH be deemed valid and enforceable to the extent permitted by law. 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 7 - . . --.-.0;=......- ___·_______~____=__.;;_"'....._""'_.__~__~_>____n ~_-, _ "_'~~ ~_ __ -'<~_."""_ ., --. -~- ~ .---->.,'-r' ___-...--......~__'"o_~ This Agreement is made solely and specificalJy 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 shalJ 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 InterJocal 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: City Clerk Mayor APPROVED AS TO TERMS ANDAPPROVEDAS 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 8 LIST OF EXHIBITS EXHIBIT A Project Description, Conceptual Site Plan, and Cost Estimate EXHIBIT B Legal Description of Property EXHIBIT C Contract Payment Request Fonn (Page 1 of 2) and Contractual Services Purchase Schedule Fonn) (Page 2 of 2) EXHIBIT D Pre-Agreement Cost List 9 J:,....III>~_........~~ __ _,_;_,____----=~_____-_~_v.-_,_,-._, _;_.....~~'"_~___ __ -"----.,"""---~~,."'~"'~--~." --,-. ~ ._-~-_...---_._-.;-~-~.-~ EXHIBIT A PROJECT DESCRIPTION, CONCEPTUAL SITE PLAN, AND COST ESTIMATE 10 ... EXHIBIT A Project Description: Acquisition (only) of approximately 5 acres of property along the Intracoastal Waterway for the purpose of future development as a public park. _'0'" _ _. ü iii _ _ ___>_.____~o.___«_^'~'"__,~__'"'_~,__<_......;_...,__~~ ~"~___<_-~.^"~-<;.-...~r~_._""___ ,__,,~ ~- I ::::.::: t - I _ INTRACOASTAL \JATERVAV FISHING PIER <TY?) ~¡ -<I I ~ µ;:¡ ; f µ;:¡ -, Ui ~ t -< ~ d JiB 5 !b ~il OLI ..~ ~~i ãl! OPEN PLAVFJELD 3 ø.. Po: ¡¡.;¡ E-o en I ~ I · I I 1 !/ · I I I I I - · - -- ---- FEDERAL HIGHVAY EXHIBIT B LEGAL DESCRIPTION OF PROPERTY 11 , -~---~~~~--- I - ......-. = -~,~.,--~- ~---..,.."-~,-~--- '> ~~-- "-^ ~ _ _ ~~~,~~,,,,,,__.____~ ~",,-u._.'';þ~____, -~:-..."..""'"'-~ J Exhibit ''ß' The following described land in Palm Beach County, Florida: , LEGAL DESCRIPTION: Easterly·portion. formerly MSA 638', described as: rnose port.ione of.a·tract described, by metes and boundlJ lying'in tne SE~ ofSec.33 3nd,inthe N~ of.tne·S~ of 5ec.34.T.45S.R.43 E,'Palm 6e~cn County. m~e particu- larly delc:r1bed -as follows: ,c" .' . . ,\ACT NO.1: Commence at the 1/4 section corner on line bet~een said Sec.~3 and 34, fora ~oint pi reference. From t.hence run. along the E and' W 1/4 section 'line throug 5ec.34. N: 890 24'40- E, a distance of 155.91 ft. to an intersection with tneW# R/Wiline of Intracoast.al Wate·rway from Jacksonville to Miami, ~a~. as that. R/W 1 1\e is' shown on the plat, recprded In Piat 61. 17, at P.13-A· ,of the public records of Palm Beach CountYit.hence along said W RlW line. 5 070 07· 04- West., a'dist;anc.·of 1;1.96.19 ft.. "to SW c:ornerParc.l',ll of said ICWW as shown in said pllt 'book and' page, for a point of' beginning for the' tract. herei" described. From &aid point of:,beginning run Sout.h 890 33' Of West, a di&.tance of 363 ft. to a point.; thence N·07 07' 04- E, a distance. of :48 ·ft." to '8 point; thence N. 990 33' 02~ East, a distance of· 363 ft. to' an intersection with W R/W line: t.hence along said W R/W line, 5 070 07' 04- IV, a dist.anc. of 348 ft.. to. pt.. pf beginning; also: :~c:r tÐ~ 2;" Th~W'lyprolonïation of 5·15' of Tract No. l,hereinebove descripe , to an·intrsect!,pn. wit.h ë' ine of Federaì Highway, also known as St.Rd.· Combined areas of Tract~ 1 and 2 being 3.0 acres. more or less. TRACT NO.3: That portion of aforementioned R/W Parcel iI, embraced wit.hin the Nand S linss of above, d~bed Tract No. I, when sallie are projected eastward, subject. to right.. and easemen f'?_!I/'If parcelhald .by J.lÞ~.of America: containing 0·;2:) A.JDore or leu. TRACT' NO.' 4.1 A port.ion of tho ÑE~ of the SEJ:¡¡ OT Sect.ion 33, Town shiP 4~ S., Range 43 E.. Palm Beach County. Florida. adjoining and lying East of t.he .Easterly R1ght-ofWay Line of Stat.e Road No.4. West orand adjoining Tra." No..--l---end ·Nortiluof andajoining Tract. #2.. said Tracts No.1 and 2 havi~ been conv.ye~_ þy Lanfraßchl. Inc.. to . Board 'of COIIDiss1-one:n-.of.·F} -on 4-12Qa.9 , ènd recorded April 14. 1939, in Deed Book 584,. at paîe 420. of the. public recordspf Palm Beach \ . County , ¡more·.p-articuiar Y de:scribeã a~ ~011.ows: ;... .c~ence .a~.the 1/4 sectIon'corner'on the'iine betw~en said Sections 33 and 34. for a point of reference. . From said.point of reference run ¡¡lona', the ·East and ·"est.1/4 section line through said Sect! on 34. . Nor.th 89 2"" 40- E. a 'distance of 155.91 ,ft. to an intersection with the .W rlw 'line of t.he· lntracont.al Wat.erwey from Jacksonville t.o Miami, . Florida, ~s that r/w li~e is shown on :the plat.. recorc;led in P1:at 8~~k . ". . 17,· at page l3-A;of the publiC"reeords bf"saiil Pa!ØI'Beat:h County.;' -'. ... 'tþenê:.-a!o!'fUid·west Righ:t-òf-way ~1"!,e,'SoU-t" ~ ':07' O4'!W.å ili~1;ance~ .. : of'1196.19 t. to -the South_s"t corner of·-Parc'e1··ko. '11- which· point·· " ,¡smarked'bya cOncrete'monument: "thencé Soûth'89° 3~'·02· West, 363,00-:' feit-t¡' thltnc~' North 07? 07' 04" East,~ 15.l3~feet· t.o th!t point of'beglnn~ng; . . . . .' . ... . .. .Thence from' the point- of beginningabov8 dèscribed~~South'89° 33' 02- West,' 332..60 feat·t.o 'the Easterly'ling"'of the 66- foot: width right.' at '. . way of'S~ate Road No. ·4;:theßce·~1~n9 said. East~rly..r1ght.-or':"way:l~ne . .'North; 04 .58' 52-· East; ·331.46 feet to a concrete monument· marking- _; the' NW.ëorner· of the ·;tract· her~in' conv!!yed¡. the~ce:Nòrtþ_ 890 -33"·.2"· : East, í345..0~ fe'et to a concrete monume'nt mllrkfng'the,NortheaS1¡ corner' '. " .,. of the,tract faerø1n.ço~vityed¡ t.henc~_South"070' .'!":04-:'II~1S1i. ·~~2,87.: ."--. . feet 'to the poi!"t· of beginning. contai!"ing 2.~1: ~cr'~~, mor'e or .les.s.. . '. LESS AND EXCEPT: That portion of S 348' of N. 1183.25' of ~ of S~ of Sec.33, T.45S,R.43E. lying East of E R/W line of St.ate Road 5, and within 50'E'ly of. measured at right angles to, Base lina þf·Survey of St.Rd.5, Section 9301-205, ilS shown on R/w Map of sa!. d road . and .ection recorded in Stat. and County Road Plat Book 2, P'.156-165 inclusive, Palm Beadh County Public Records, containinq 0.14 of an ~cre, more or less. . G:\06115124\WARRANTY DEED'-CITY OF BOYNTON BEACH (2).DOC EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES PURCHASE SCHEDULE FORM 12 ,--~-- .- . ~--_. ..-.....-.-~~--'... ,--.'- -,. - . u~__.__~_,,_~ ~_,._.~_ ~__ _._ __~~_ _,_-" _,_ -_r__ -- --- -. -~-. PALM BEACH COUNTY EXHIBIT C ~~~ PARKS AND RECREATION DEPARTMENT ~/Á . .\~.~) ~:.~/ CONTRACT PAYMENT REQUEST Date Grantee: Project Name: Submission #: Reimbursement Period: Project Costs Cumulative Item ~ This Submission Project Costs Consulting Services (CS) Contractual Services (C) Materials, Supplies, Direct Purchases (M) ~ ~-~" Equipment, Furniture (E) TOTAL PROJECT COSTS Kev Leqend .fcs.-;..cöëisUitiñ9.s.ëiVices....n..........n..........nn.....---h...........nn.. .nn! ¡ C = Contractual Services : : M = Materials, Supplies. Direct Purchases : I E = Equipment, Furniture ¡ ....._..........__........__._n.........n........___..._.........___n.__..hh.._............__n_.h_...._........._....._· \....ertification: 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 ONl Y County Funding Participation $ Total Project Costs To Date: $ County Obligation To Date $ County Retainage ( %) $ - County Fund~ Previously Disbursed $ County Funds Due this Billing $ Reviewed and Approved By: PSC Project Administrator Date Department Director Date H:\BOND-RAP FORMS\3Pg-Exhibit C-Bond Page 1 of U !:: OJ I X ... W Q) .r. Õ e u 0 eU ; ~-ê a. .: rn 0 j£a. 0 ~ ~ UI () .r. rn 0 o~ () U rn UI ~ 8 e Q) Q) () o.r. )( e~ lilt W o 0 ~- ~ o ::J ~VJ §.8 oU U ~ Q) Q)-- ro .....::J 0 ::J 0- o Q) Q) ... )( en W Q) III ..J -u :::I rn Q) 1-0 e e - .2 .- (¡) ZW .....III() WI U .!!!E::J ::EU -º ::J -- 0- ..c1llQ) 1-00 (¡; ~E'" o:::w 0.. uee >q:oo E __ Q) 0 I-D..< (¡) ..cQ)a. ZW:I: Q) .......c::J :::IOU E E .êQ)::: OZo::: III Q) .....>u Z ~ ~ III ::J UO:::l t5 ::J ._ .r. III :rt=D.. Q) ..c () t e ... Uq:OO -e E 0 Q)O.E q:WW -¡¡; ·õ O:¡:¡ Q) 0.. >-CO- wo:::U Q) 0::: > ..c~..c OJU- 10 .E Q) e III ro w~ 0 ,-Q)= <3 ~o:::w Q) E III c .r. ::J > '" <000 _ 0 III c o Q) ü: D..Z..J .. \Ji L... q:< §01III U):::I ~£-g :::.:::1- o UI III o:::U ¡¡::: CO __ .r. Q) q:~ to> v) Q) ... 0 CO 0..1- ... () ü::J..c 0.. Z () .. a. III 0 .r: III U 0 0 ::J 0 > ... r-····..-..··--······--···-·· 0 - . .:.: · . · - · . 0 · . · . I I J CD Q) .r: ... U Q) 3: i æ i Q) > · . 0 Ji~ ~ ~ ~ : ..c ~I I I CO ~ I I I I u I I Q) ;..1 ï:: ~ ~ == ¡ I I I I õ ¡cþ~Æ~~ ¡ ~ I I I c:: I rn ,~ CJ) ro => U. , (¡) Q) ¡Hill 'ª en .2 III c:: -Ë .r. III ..c 0 ... ... C> ::J ::J en -- a. Q) L._.~.~_ ~ ~ ' :5 - -g roO 0 <n .----. ....-= .r. - Q) å ~o :a ~... i: ~?'. __ a. " 1: en w Q)-- rn U o£ (; [L >-01 ~ ~ (/) ..cc:: iñ :::;; Q)-- er: ....r. c= ~,' Q) en 1~ !? .r.= a. -0 - E « g 8 z __ 0 -~-- 10 co 0 m o c:: :i _._---~, ¡¡:::-- 'eU _"'___L" Q) Q) ü~ .-..,........,. -_____,_ -~tk. ._0 ..,.------~ · EXHIBIT D PRE-AGREEMENT COST LIST Note: Costs must be for eligible project expenses incurred subsequent to August 1 2004 13 EXIDBIT D Pre-Agreement Cost List: Land Acquisition - payable to the Horida Inland Navigation District $ 3,400,000 , -..--."""'" --~-. . ,____-a.________~.__ _ _.--'_ ð,"'" ....<_...._+".."~....~4~""-_ __'--_~ --_.,-------_...._~--..¡--"-'...~~~.,-"'"- "---~j.-""'~""."....... VI.-CONSENT AGENDA . ITEM C.ll. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetimr Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October S, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 I:8J September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF I:8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids D Unfinished Business D Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Approve by resolution the conveyance of Barton Memorial Park property from Florida Department of Transportation to the City of Boynton Beach. EXPLANATION: On July 6, 1978, the City of Boynton Beach entered into a Lease Agreement with the State of Florida Department of Transportation (FDOT), whereby the City assumed full responsibility for operation and maintenance of the Leased property for public park purpose. On July 5, 2002, the City of Boynton Beach acquired ownership of Parcel 88 (Barton Memorial Cemetery), which consists of approximately 11,335 square feet which parcel was carved out and was no longer a part of the Lease Agreement. The City has been advised that FDOT received approval from the Federal Highway Administration to surplus Barton Memorial Park (the remaining part of the property under the Lease Agreement) to the City. Once the resolution is executed, the City will receive a quitclaim deed with a public purpose clause that stipulates if the use of the property changes, title to the land will revert back to Florida Department of Transportation's ownership (Exhibit A). PROGRAM IMP ACT: Grant funding has been denied due to property control in the past. Acquiring this property allows the City the opportunity to develop improve the property using community input and grants. Plans include removing exotics from the scrub area, re-surface and repair work to the existing asphalt path, trail markers, native landscaping, ornamental fencing around the cemetery and educational kiosks telling the history of this unique area in Boynton Beach. FISCAL IMP ACT: No funds are required from the City for this property conveyance. Recreation and Parks Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R 04 - 2 I 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE MAYOR TO REQUEST 5 THE FLORIDA DEPARTMENT OF TRANSPORTATION 6 ("FDOT") TO CONVEY SURPLUS PROPERTY TO THE 7 CITY OF BOYNTON BEACH ("CITY") TO BE UTILIZED 8 FOR THE PUBLIC PURPOSE OF A PARK; SUCH 9 PROPERTY BEING IDENTIFIED IN THE LEGAL 10 DESCRIPTION AND SKETCH A IT ACHED TO TillS 11 RESOLUTION LABELED AS EXHIBIT "A"; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the FDOT acquires properties for transportation facilities for the 15 Ïtizens of the State of Florida; and 16 WHEREAS, the FDOT is pennitted by law to convey real property that FDOT no 17 anger needs and detennines to be surplus to other public entities to further the public needs 18 f the State of Florida; and 19 WHEREAS, the City of Boynton Beach can utilize FDOT's surplus property 20 escribed on the attached Exhibit "A" for a park; and 21 WHEREAS, it is in the best interest of the citizens of the State of Florida to gain the 22 ost benefit from properties acquired with public funds; and 23 WHEREAS, the City of Boynton Beach is requesting that FDOT convey to the City 24 f Boynton beach the surplus property described on the attached ExhibÜ "A"; and 25 WHEREAS, the surplus property is sought for the improvement of the Barton 26 emorial Park and is proposed to be conveyed to the City of Boynton Beach for the public 27 urpose of constructing the improvements to upgrade the property. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "WHEREAS" clauses are true and correct and 31 ereby ratified and confinned by the City Coll1II1Ìssion ._u~O'''''"''__'''- -_..- ---,.--",--,,~-- _<,____~_..-....._..._._.___~>.......,',,_-» _.n_ --'~"" - --...-. . -~ ~<~"~.>-' "-- ~-,->__c"_ ~~~ 1 Section 2. The City Commission of the City of Boynton Beach requests the 2 OT to convey title to the surplus property described on the attached Exhibit "A" to the 3 ity of Boynton Beach pursuant to Section 337.25(4)(h), Florida Statutes. 4 Section 3. The surplus property to be conveyed to the City of Boynton Beach by 5 OT will be used for the public purpose of improving the Barton Memorial Park, which 6 ill be in the best interests of the general public of the City of Boynton Beach. 7 Section 4. Upon adoption of this Resolution, the City Clerk shall forward an 8 xecuted copy of this Resolution to Tracy Glansen, Florida Department of Transportation, 9 400 W. Commercial Blvd., Ft. Lauderdale, Florida 33309-3421, for further handling. 10 Section 5. That this Resolution will become effective immediately upon passage. 11 PASSED AND ADOPTED this _ day of , 2004. 12 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 16 17 18 Mayor 19 20 21 Vice Mayor 22 23 24 Commissioner 25 26 27 Commissioner 28 29 30 Commissioner 31 32 33 ity Clerk 34 35 Corporate Seal) 36 37 :\1990\900182.BB\RESO\Barton Memorial Park.doc ~ ,!-J! "-~ "-, ".'"t . _/;/)1 ... ,'. --¡-- F J Florid~IS£~4~~~~r:!y p~tD[TJ;~r:~1?2:Istation JEB BUSH 3400 W. C01l11.fERClAL BLVD., FT. LAUDERDALE, FL 33309 JOSÉ ABREU GOVERNOR (954) 777-4242 TOLL-FREE (866) 336-8435 F A)( (954) 777-4261 SECRETARY June 29, 2004 J\.fr. John Wildner Deputy Director City of Boynton Beach Parks Department 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 SUBJECT: BARTON MEMORIAL PARK 1temíSegmem No. NíA. \X!P1 No. Ní/\. State Project No. 9322-202 Federal Project No. Ní"'" State Road No. 1-95 Countv Palm Beach Parcel Nos. 40,82,89 & 156 File Name Barton Memorial Park Dear I'vIr. \'Víldner: Today I received approval from the Federal Highway Administration that the Department is able to surplus the Barton Memorial Park to the City provided that it only be used for the intended public purpose (a park). At this time, it is requested that the enclosed resolution be passed and adopted by the County Commission. Please send the completed resolution to my attention at the above address. \Vhen I receive it, I will proceed in having the deed executed. It should be noted that the City will receive a quitclaim deed with a public purpose clause in it that stipulates if the use of the property changes, title to the land will revert back to the Department's ownership. Please feel free to contact me if you have any questions. My direct telephone number is (954) 777-4233 and my e-mail address is tracy.glansen@dot.state.fl.us. I look forward to working with you to ftnalize this transaction. ----. Sincerely, ---~~-------, ~ \ ~ Tracy Glansen Right of Way Agent TG/ I:.:ndo.furr: cc: Enc Thorne, Susan Day, fùe www.dot.stateJl.us @ RECYCLED PAPER - --,",..~~ . . -...--> . .- --~ ._---~---"',~~. ~~<"'-,-. -. ._._,~~y._,."...>u«>.",~~..^_,__",._ ______.'_~._A~""=-'-O..".,,~___;_-c ~ to-· ~<-_ u'''__ RESOLUTION NO. [483-98] A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO REQUEST THE .FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO CONVEY SURPLUS PROPERTY TO THE CITY OF BOYNTON BEACH ("CITY") TO BE UTILIZED FOR THE PUBLIC PURPOSE OF A PARK, SUCH PROPERTY BEING IDENTIFIED IN THE LEGAL DESCRIPTION AND SKETCH ATTACHED TO THIS RESOULTION LABELED AS EXHIBIT "A"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ******** WHEREAS, the FDOT acquires properties for transportation facilities for the citizens of the State of Florida; and WHEREAS, the FDOT is pennitted by law to convey real property that FDOT no longer needs and determines to be surplus to other public entities to further the public needs of the State of Florida; and WHEREAS, the City of Boynton Beach can utilize FDOT's surplus property described on the attached Exhibit "A" for a park; and WHEREAS, it is in the best interest of the citizens of the State of Florida to gain the most benefit from properties acquired with public funds; and WHEREAS, the City of Boynton Beach is requesting that FDOT convey to the City of Boynton Beach the surplus property described on the attached Exhibit "A"; and WHEREAS, the surplus property is sought for the improvement of the Barton Memorial Park and is proposed to be conveyed to the City of Boynton Beach for the public purpose of constructing the improvements to upgrade the property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1: The foregoing recitals are true, correct and incorporated into this. Resolution by this reference. SECTION 2: The City of Boynton Beach requests the FDOT to convey tiùe to the surplus property described on the attached Exhibit "A" to the City of Boynton Beach pursuant to Section 337.25(4)(h), Florida Statutes. SECTION 3: The surplus property to be conveyed to the City of Boynton Beach by FDOT will be used for the public purpose of improving the Barton Memorial Park, which will be in the best interests of the general public of the City of Boynton Beach. SECTION 4: Upon adoption of this Resolution, the City Clerk shall forward an executed copy of this Resolution to Tracy Glansen, Florida Department of Transportation, 3400 \\1. Commercial Blvd., Ft. Lauderdale, Florida 33309-3421, for further handling. SECTION 5: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED THIS DAY OF ,2000. (CORPORATE SEAL) CITY OF BOYNTON BEACH BY ITS CITY COMMISSION A TIEST: PRESIDING OFFICER [CITY CLERK] '-'-'-"--~--~--""'-"----¢'~'--'--~""""'~""'''''''''' ~-=..-..-,--~- ,. .__.......-.!....____~_..""'____~_._.."._.o-__. '.--~,-«.- ~--,-"",."~.."'---......----,~ .- -.-0<-..., EXHIBIT "A " -- W h ~ V · W C) a: · VI If) v · a. ~ ~ -- . . - - . . . .. - - . ...... - - -..' . . -.. -.. -. · - - -. -. - -.. - '. · ..' - - '. - -. - . · -. - -. -. -. . N '-. ". '.'-", . -", · .' . . - .... '.. -. - - -'". .. . . . - -. . . -. ........ -'. -' .' N '.' -. - . -. - - -. .. -.. -. -... - - . - - -. ..' .. - -... - - - -. - . . -..- -.- '.- '.' -. · '. - -. ." ...." - -." ".-.' ".".-' OC~AN . RIDGE u w . ···(""i II) - BREEZES ; Pop: 367·' -- LOCATION MAP LEGEND. NOT TO SCALE a · AND SURVEYOR'S NOTES L · ARC LENGTH OF CURVE I) BearIng basIs for ExhIbIt "A" I s the West fP. · BASELINE OF SURVEY I 1ne of the S.W.I /4 of Sec. 21. Twp. (l · CENTERL I NE 4S S.. Rge. 43 E.. os shown on the FOOT ð. · CENTRAL ANGLE OF CURVE R!ght of Way Mop SectIon No. 93220-2412. CLF · CHA I N LINK FENCE SOld I tne bears North 01°36'31" West. C.B. · CHORD BEAR I NG OF/CURVE COR. · CORNER 2 ) Informotron shown hereon for State Road 0 · DEGREE OF CURVATURE EXIST. · EX! S T I NG 9 ([ -95) Is based on the FOOT RIght of F.p. · FINANCIAL PROJECT Way Mop SectIon No.93220-2412 and lease FOOT · FLORIDA DEPARTMENT OF agreement per 0.R.B.2925. PG.1320. TRANSPORTATION provided by FOOT. FD. · FOUND I NT. · I NTERSECT I ON 3) Purpose for ExhIbIt "A" Is SURPLUS. IR · IRON ROD lLT ) · LEFT 4) All dImensIons ore co/culoted unless L fA · LI MITED ACCE SS otherwIse specIfIed. N/A · NOT APPL ICABLE NO. · NUMBER 5) ThIs sketch exIsts solely for the purpose O.R.B. · OFF I C I AL RECORD BOOK of II lustrotlng 0 legal descrIptIon to RT. · OFFSET RIGHT wh I ch I t 15 attached. pG. · PAGE p. B. CO. . PALM BEACH COUNTY 6) The noIse wal I locatIon shown hereon was PK · PARKER KALON surveyed by Greenhorne a O'Maro. Inc. on (I' ) · PLAT Aprr I 30. 2004. P.B. · PLAT BOOK . · PLUS OR MI NUS 7 ) ~ denotes hatched area to be surplus. p.O.B. · POINT OF BEGINNING p. O. C. · PO I NT OF COMMENCEMENT 8) FOOT to retain 0 15 foot maintenance and P.C. · POINT OF CURVATURE p. T. · PO I NT OF TANGENT access eosement along the limIted access R · RAD I US OF CURVE right of way I (ne. RGE. · RANGE NOT A SURVEY RfW · RIGHT OF WAY SEC. · SECTION PARCELS 40, 82, 88. 89 8 156 (PART) SF · SQUARE FEE T S.R, · STATE ROAD FLORIDA DEPARTMENT OF TRANSPORTATION STA. · S TAT I ON RIGHT OF WAY ~PPING TWp. · TOWNSH ¡ P --- ---------- Wp¡ · WORK PROGRAM ¡ TEM RIGHT OF WAY PARCEL SKETCH STATE OF FLORIDA ------------~-- STATE ROAD NO.9 (1-951 PAL~ BEACH COUNTY DEPARTMENT OF TRANSPORTATION -~- ---- -- DISTRICT FOUR _~ ~ ~___:^PPRÖ D OA;[ RIGHT OF WAY MAPPING PRELl... RITZEL 5-08-04 I IG"'O'~ ,-s~97/-c+- 3400 WEST COMMERCIAL BLVD. -fiNAL RITZEL 5-24-0.1__ FORT LAUDERDALE. FLORIDA 33309 .- -.- 5.2".O~ iD¡5TRI CHECKED TRUONG (954 )777-4550 !.lAPS. PH(P"A[t} 'af I f Ill£) aèO;-~Š---------~- -- GREENHQR"IE eo' MARl.. I NC. -- - - --- w.~.I. NO. ~!A Nt^ -----~- lSHEET -- -~-- J OF 6 ~[vISiO"l ., DAlt SECTION NO.93220-24/2 1- i t,'/S \RWM.{\P:~: i\!C \SUR',fL Y \RWDSWC25 - 04. DGN EXHIBIT "A I' LEGAL DESCRIPTION Being a partion of the Northwest one-quarter (N. W. 1 /4) and Southwest one-quarter (S. W. 1/4) of Sect i on 2 I , TownshIp 45 South. Range 43 East, lying in Palm Beach County. Florida, being more particularly described as 1'01 lows: Commencing at 0 found PK nail and disc marKing the Southwest corner of the Southwest one-quarter (S. W. I /4 ) of Section 21, Township 45 South. Range 43 East: thence North 01°36'31" West along the West line of said Southwest one-quarter (S. W. I /4). o distance of 2.630.07 feet to the Northwest corner of said Southwest one-quarter (S. W. 1 /4); thence South 89°36'40" East along the North lIne of said Southwest one-quarter (S. W. I /4), a distance of 433.90 feet to a poInt on the BaselIne of Survey for State Road 9 (1-95) as shown on the Florida Department of Transportation Right of Way Mop SectIon No.93220-2412: thence continue South 89°36'40" East along the North line of so i d Southwest one-quarter (S. W. I /4). a distance of 71.84 feet to 0 point on the existing Easterly Limited Access Right of Way line for State Rood 9 ( I -95 ) of said Florida Deportment of TransportatIon RIght of Way Map. some point also being the POINT OF BEGINNING: thence North 00°56'36" West along sold exIsting Easterly LImIted Access Right of Way I {ne, a distance of 18.56 feet to 0 point: thence North 04°24'04" East along sold existIng Easterly Limited Access Right of Way line. a distance of 462.63 feet to 0 point: thence North 12°09'56" East along sold existing Easterly Limited Access RIght of Way line. o distance of 48.79 feet to a point of Intersection with the prolongation of the centerl ine of 0 50.00 foot wide platted Right of Way for Northwest 12th Avenue, Cherry Hills, according to the plot thereof, as recorded in Plat BooK 4 at Page 58 of said PublIc Records; thence South 89°37'12" East along the prolongation of said center I ine. a distance of 86.13 feet to a point on a non-tangent curve concave to the East, having a chord bearing of South 00°44'49" West. a radIal bearing to soid point bears North 86°58'51" West, said point also beIng on the existIng Westerly Right of Way I Ine for Woodland Avenue as shown on said Florida Department of Transportation Right of Way Map: thence Southwesterly along the arc of said curve having a radIus of 5,529.65 feet, through a central angle of 04°32'40". and an arc distance of L38.59 feet to a point: thence South 01 °31 '31" East along soid existIng Westerly Right of Way I ine for Woodland Avenue and along a line being 200.00 feet East of and paral lei to the Basel ine of Survey of said FlorIda Department of Transportation Right of Way Map. a distance of 89.40 feet to a poInt on the North line 0 f sa I d Southwest one-quarter (S. W. I /4): thence contInue South 01°31'31" East along said existIng Westerly Right of Way I ine of Woodland Avenue and saId parallel line. a distance of 1.901.82 feet to a point of intersection with said existing Easterly Limited Access Right of Way line for State Rood 9 ( I - 95): thence North 09°25'28" West along sold existing Easterly Limited Access Right of Way line, a distance of NOT A SURVEY PARCELS 40. 82. 88. 89 a 156 (PART) FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING RIGHT OF WAY PARCEL SKETCH STATE OF FLORIDA STATE ROAD NO.9 (1-9S) PALM BEACH COUNTY DEPARTMENT OF TRANSPORTATION DISTRICT FOUR ---~~--~--'G~-¡--~;PRo~r IGH'G,...~,;~~:<~18# RIGHT OF WAY MAPPING PRELl'" RITZE~i 3400 WEST COMMERCIAL BLVD. FINAL RITZEl ¡ 5-2~-04 1._.. FORT LAUDERDALE. FLORIDA 33309 [)( ":.TRI (954 )777-4550 CHECKED TRUONG ---------- ~ MAPS PR[PAR[D .' ___ I --=+---= :AëpE~~Û::E :/~.M"R^. INC. -i=~~-~~^ --=-==-- 1== ' , ----~~-.-;;;;--.-- i .;-r-,;-~ SECTION NO.93220-2412 SHEET 2 OF 6 T~MS\RWMAPPJNG\SJqVEY\RWPSW02S-0~.DGN ___..____,~__..~.,;....a;; . ____Ð~__¿. -- ' _ _..___ ~..ó<-~_-_.,,~_..___ _ ~.".",,~_.-----<-'~ -,,---" --,,~ EXHIBIT "A " LEGAL DESCRIPTION (Continued) 498.40 feet to 0 poInt; thence North 06°02'35- West along saId existing Easterly LImIted Access RIght of Way lIne. a dIstance of 546.11 feet to 0 poInt; thence North 04°20'03- West along sold existing Easterly LimIted Access RIght of Woy line, o distance of 431.35 feet to 0 point; thence North 00°56'36- West along sold existing Easterly LimIted Access RIght of Way lIne, o distance of 437.24 feet to the POINT OF BEGINNING. ContainIng 231,806 squore feet ( 5.322 acres), more or less. Subject to 0 15 foot wide maintenance and access easement lying Easterly of and parol lei to the existing Easterly Limited Access RIght of Way lIne for State Road 9 ( ! - 95). ReservIng unto sold Grantor 01 I r- ¡ ght of access. ingress. egress. I !ght, oIr and vIew. I hereby certify that to the best of my knowledge and belief the attached I egol description of Parcel Nos. 40 (PART), 82 (PART) , 88 (PART) . 89 (PART) and 156 (PART) as shown on the RIght-of-Way Porce I Sketch for State Rood 9 ( 1-95) SectIon No.93220-2412 is true, accurate and was prepared under my direction. I further certify that sold legal descriptIon is in campi iance wIth the MinImum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers pursuant to Section 472.027 Florida Statutes. John H. AeJJ ér ! II, P. S.M. (J F I or I do P~rofess i ana I Surveyor and Mapper No. 4693 Greenhorne a O'Mara. Inc. 3223 Commerce Ploce, SuI te 100 West Pal m Be<:sþ F '%.7I 33407 Dote: :5 / t;21'; . NOT A SURVEY PARCELS 40. 82. 88, 89 a 156 (PART) FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ~PPING STATE OF FLORIDA RIGHT OF WAY PARCEL SKETCH DEPARTMENT OF TRANSPORTATION STATE ROAD NO.9 (1-951 PAL~ BEACH COUNTY DISTRICT FOUR RIGHT OF WAY MAPPING .. H'~m S~R~,~lÆ 3400 WEST COMMERCIAL BLVD. PREll... RI TIEL FORT LAUDERDALE. FLORIDA 33309 f I HAL RITZEL (954 )777-45~)O CHECKED TRUONG wps f'R(PAR£O ey r ((LO aOGJ. "'Q. S ~-- GREE~HORNE 6 O'MAAA. INC. __-+?_~~_____ 'It.P.!. NO. N/A :SCALE' N/A ~--._--- I r~HE ET ----- J OF 6 R£VIS!ON ., DATE SECTION NO.93220-2412 r!~S\RWMAPPING\SURVEY\RWPSW026-J4.DG~ 17 EX HI BIT "A" 50 0 50 '00 w ~-- '" r:; 20 21 GRAPH I C SCALE w N.W.COR.,N.W.I/4 ,". 100' C> SEC.21 -45-43 ~ FD.P.B.CO.BRASS DISC KNOLL WOOD SUBDJVJSJON . (P.B.27. PG.54) VI ~ ~-- .;;J2~' ------J ~ CD , (L , ~ N ~i F D. I /2 "I R I-- .-- - ..._________-- I ". I V f . (J'>~ 000 N ; ¡~ ._-~~ - .........~ r-oo _, :' ~~_..J; \ l N d, ~ ~ tñ tn 0 ¡ 1..0 -- :! ~ ¡ ,~ t ~~ 1 Ü cD" .. cD cD (J"I~ - ~ : _J I' ~ ; ;; I I.JJ N +00 COl!)+ + I ." 'I I I t/) 0r00--LDr01'-- -~ -0 .:',s;FD,.1(2"IR N....O.,...-N _ NO -."1' OO(J'> 00 O"(TI 00 00 å + 'Ice 1': ·If)0 .(TIN " (J"I2 000 , .: ¡ I ":¡:001',f"")1'--":¡:":¡: . -Ol:s " I-- r0 - ° - -I-- I- 'u 00 N ,:' __L_.L~_ ___t.. ~ VI-OI'---lf)VIVI Q:I.JJ 1"- - " " " " "ù"': tñVl J.,_v::.,, t-~-Å-~RËE-T~ý~~~ PTt . . _ I- 1 X f"") (L lf)- . N -.J 0'> I'-- cD ,-! : ' I (L I'-- <..) l.D V :- (JI ¡-----¡-----'------ n L.LJ .. ... .... i < --. >- .. VI N 0 I/)V ~~ ~ _ \ \ a... ~-q- ~ V· cDV 00 > aLL ' I - ~. 00 u... "OleO - 1<.D"er. wCO o ~ Nlf)O'>O ~ 20 , ,-" ,-iO ° I' 2 I") . N ° ~ .<, ,~- If'} u a... " ' 0 CDlf) VI ~;;: I '\ L- " CO VI") .VI ~, -(TI ! . _ '<T OVII'I''''' , 1 X . , i ~ . . . a: W~ ~ ...It N.~~ II'~H-~~E. z 0 <I...l~U :--- '{¿-ÕRE-£ECC't>.VË-:-Cpj W 0 ~5 " I. IT z .. - Z ~P J : ..J Lf) ,i I - 3=, I <T. 0: V ,> T ........,--........ , I '- ~ " { , c:, T r..:::>, [h \ CD 1- .0, c--- , _ ··~>;;'R-!;~ llè~~'-- ~!~ i 0< 1",[ ":r:; IS' MA I NTENANCE :"',CO I ¡ ; VI ' 8 ACCESS EASEMENT n''': LL.____:__ :~ ~:~ ~-_._--¡-¡-------- ----- ~ , EX [S 1. NO [SE WAL L Oú>: I : 8N (S.9·W OF lIA R/W) Z¡ I FDj.PK NAIL a ~u IDlpC¡"KH LB696" ·w N.LINE,S.W.I/4 ! ' ! 2V1 SEC. 21 -45-43 125812f,-,1 .I, 89036' 40" E L__I~.___--..l 433.90' '" - __W~~~S.. ~"-[:63( P_J_ - -~ -- - + "f"") I P; 0 · '. - '" I. . . /' _ Iv ~ ,:~ 1 81?81.58 ~ :~ - cñ"': ¿¿, 71 ,80'RI. 19 I:;; 0 . 2! I 20 I I r<1 WN WOODLAND HiLLS _ IV =~. .--W'-.J3~!..~.- £,Q:,-2_3_)_ ~~ ~~ I BUKK í: Z 3= END or EXI~T.NO~SE WALL ( s. ? 'W OF L / AI R /W ) BEG¡NIEXIST.6'H~GH CLF \ I \ N 01Q36'311" W 12.630.07' --.--.----~--- .---\--BE.AfÙNG--B'Asl-S.J-.-- RIGHT OF WAY PARCEL SKETCH STATE OF FLORIDA --~'--"----'--- DEPARTMENT OF TRANSPORT A T I ON STATE ROAD NO.9 (I -95) PAL~ BEACH COUNTY DISTRICT FOUR ö' . I -;~---;.-;:-PRO'[~-------~ RIGHT OF WAY MAPP! NG PRELl'" RITZEL rs-oe.o;', 3400 WEST COMMERCIAL BLVD. FINAL I RITZEL S-2~~ ___ FORT LAUDERDALE. FLOR I DA 33309 --+------~--C151RIC ( 954 ) 777 - 4 550 C~EC.ED I TRUONG I S-2'-O~ _ . __.__ _____~____+_~- MAPS PR(PAREO >}Y ; ~¡l Q 8001( I'.Q."S ===:=~___.-' ~~[.~~.~~~. .:~ I~ '~A~¡'. : ~~~..---1~:~L~-~~~;~~·--~-·---- =--=-O[V;,~~--l- " ~~:, SECT~~~O-.~32~~-~_;_- SHEET ~--;-~- T;MS\~~~Af~P1NG\SUqYEy\RWPSW026-0~.DGN __~_~,,_,,_, ," __..~.__ _..--f'!o ................. >--~-_..,- #89036'40"E EXHIBIT "A" 433.90' 20 \ WELLS AVE.(P) ------ - ---~---~---~----- N.LlINE,S.:W.1/4 1 SEC,.21-415-43I ~ 22 i 2\ 70 \ \3 1.1 _ I Z I - ~~ I ~ ~~ --~----I----'---- ~ .U") BL O:CK : ,x: ..... ~: ~ ~ ~ UN i a 9 10 :-;, ~U I ~ .w \ I I >< Z~ ___L_______~___ ~ ./ w SECOND ST.IP) ~ \! j ~ - - -~ - - -; -- -,---~ W r-- -0 I o 0 :r: a... I 1 19 cr Ó 0 Z2 I 2: I 20 ~.." zC-:; I I i:j _: _ _~ ~ _ _ _ _ S ~_ _ _ ___: _ _ _ -L _ __ J _ _~ _ ~ .... rn a . I pi O~f ~ i ~ . 00... uL ~'" '-- a... :;:: :;:: - I I I Q3I ~ 0 \ I I- :::. ' ,¡ 8 c¡ I 0::;;' I - I . « .. ¡ N W <D I I rn.." u - 0 --------------- ~ jo N z 3 8 I / \ ( .... ....../<) -.... . I ------ :;::If) . v ~I ; .- N WN -, Z . ~o ~~ ~~ .~ '~ :;:: -~ ~.IO a 0 ~z ex¡ 'ù C::w .~ VI I- a v· o 101- u- . cr <"1' -~ + V .... . oeo <X) <X) . / SEE SHEET G 5~J 0 50_~O NOT A SURVEY GR~ic SCALE PARCELS 40. 82. 88. 89 8 156 (PART) I H . 100' FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ~PPING ~-~-------~~~ - -~ ~- RIGHT OF WAY PARCEL SKETCH STATE OF FLORIDA -~------- DEPARTMENT OF TRANSPORTATION STATE ROAD NO.9 (J-95) PALM BEACH COUNTY DISTRICT FOUR ---r--- - .-------~ RIGHT OF WAY MAPPING --t--'" ~_I'PPRO" D,l( 3400 WEST COMMERCIAL BLVD. PR~"'_ 'RITZEl 5'08-()~_1 ~ FORT LAUDERDALE. FLOR I DA 33309 FINAL RITZEL 5-24-04 D-;''''-' c ,0._;; -s-'-:Rw,-!f 17_ - ( 954 ) 777 - 4550 CHECkED TRUONG 5-24 '04 , ___ UAPS PREPARED By I !ELC BOOI( NO. -s -------~ ___~ GR[[NHORN( 8 O'M;'.RA, INC. 521 ==--- i_ - w.P.I. tIlO. N/--;------ ¡SCALf.: l"~·------------- ----1- - ----- I----~---- HE'ISIDN B' I D'" SECTION NO.93220-2412 SHEET 5 OF 6 T!MS\PWMAPP¡~G\SURVEY\RWPSW026-04.DGN 50 0 50 100 EXHIBIT þ' A" 5 - ~- _CL .- . . CL - GRAPHIC SCALE r-_~ I" 100' \/).--:> . I\/)<{ ~o:§ê ·W<{ ~ ~I-, W W .1- 0 > Z::JO ,..., ex:: ....JO '<f ::;¡ ú> ~ \f) - W u.! '-' æJ -. a:: -~. - ----- \f) 3: Lf) \.J... '<f ....J ~- . U- S Q.. W ~ II- I- '-'<1: -~ IJ¡ . I- <::s x - X ;-.0"-. N -0 .0:: --' ~I lOa:: .Q.. '- ; <..:: w 0 I-CL -' \f) 0 \f)<1: N CO -- I'-- X 0 0 N - ,..., - \f)1O '" - . N \f) N -, ~ ; <1: 1110 CO O'\N t \ :;:: ,N - , '-' ,..., ,..., Z ~ -C!' . - - - NI- 0:::"'" 0 ,..., <1: . O'\:z; 0 -0::: W 1O - .- CO '" ·U 0 (J) - - 0 C:::w 1O Lf) . - .\f) Z CO- O \I) (J) '" l- I'--- Z 0 0 \.J... '<T '''' -'<T . , :;::ú> ''<T \f) , .- WN Z· -U Lf) -'W C!' .\f) r- :;:: ;/ P.D.C. IS. W. COR.. S. W. I /4 SE C. 2 I - 45 - 4 3 20 FD.PK NAIL a DISC 21 STAMPED ..~.. NOT A SURVE Y\ 29 28 PARCELS 40. 82. 88. 89 8 156 (PART) 29 28 FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ~PPING ---~--- RIGHT OF WAY PARCEL SKETCH STATE OF FLORIDA ----- ----~-----------~--~ DEPARTMENT OF TRANSPORTATION STATE ROAD NO.9 11-95) PAL~ BEACH COUNTY DISTRICT FOUR RIGHT OF WAY MAPPING 3400 WEST COMMERCIAL BLVD. r ¡"Al FORT LAUDERDALE. FLORIDA 33309 (954 )777-4550 _..~---- -~.__._-- ~.J-.. ~REENHORNE 60'MARt., INC. W.P. 1. NO. N/A ------ -~.._,....----+-- SHEET 6 OF 6 R[viS:')N j ß. ! Dt. ~( SECTION NO.93220-2412 T!MS\RWMAPP]~G\SURVEY\RWPSW025-0~.DGN --.--......-...,........-..¡... .- --..,.,--- "",-,-.- ~-- -,_.<_.~_._--,,~. vr.-CONSENT AGENDA ITEM C.12. 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 Meetinl!: Dates c in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office c=J August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 c=J August 17, 2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August 16,2004 c=J November 3, 2004 (Noon) October 18, 2004 [8J September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 c=J Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report rECOMMENDATION: Amend Resolution #R98-189 deleting Diane Reese, Finance Director and authorizing WilJiam Mummert, Director of Financial Services for the City of Boynton Beach to execute certain financial reports and documents on behalf of the City of Boynton Beach, which are required under Florida Administrative Code Rule 4C-2.032. EXPLANATION: Florida Administrative Code requires that the City designate an authorized signer to sign reports that are required to be submitted to the State. Some of the types of reports are Annual Financial Report, Public Depositors Report and State Revenue Sharing Report. PROGRAM IMPACT: None FISCAL IMP ACT: Reports will not be accepted by the state without an accompanying Resolution approved by the Commission authorizing a person to sign the financial reports. ALTERNATIVES: None ~ £¿Å~ ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources "- -- - S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . n '" , . \ RESOLUTION NO. R04- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION NO. R98-189, AUTHORIZING WILLIAM MUMMERT, DIRECTOR OF FINANCIAL SERVICES TO EXECUTE CERTAIN FINANCIAL REPORTS AND DOCUMENTS ON BEHALF OF THE CITY OF BOYNTON BEACH, AS REGULARLY REQUIRED UNDER RULE 4C- 2.032, FLORIDA ADMINISTRATIVE CODE, AND WHICH ARE TO BE SUBMITTED TO THE DEPARTMENT OF TREASURY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach approved esolution No. R98-189, authorizing Diane Reese, as Director of Financial Services, to xecute certain financial reports and documents on behalf of the City, as required by Rule C-2.032, Florida Administrative Code, and which are submitted to the Department of reasury in accordance with said Rule; and WHEREAS, William Mummert has replaced Diane Reese as the Director of inancial Services for the City, necessitating the amendment of Resolution No. R98-189, and e approval of this resolution authorizing William Mummert to sign and submit those ocuments and reports required under Rule 4C-2.032, Florida Administrative Code; and WHEREAS, the Director of Financial Services is the preparer of such [mancial eports and documents, and is responsible for their filing with the appropriate agencies and ithin the prescribed time rrames; and WHEREAS, the City Commission of the City of Boynton Beach, hereby deems it to e in the best interests of the citizens and residents of the City of Boynton Beach, to amend esolution No. R98-189 to replace Diane Reese with William Mummert as the individual uthorized to execute certain financial documents and reports pursuant to Rule 4C-2.032, :\CA\RESO\Admínistraüve\Authorizing Fin Director Síg - Rule 4C.doc "'...-~.. ~ ,~-- --<", ~JI - __.......,,$..,.~__ _.__~-. · Florida Administrative Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and continued as eing true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. Resolution No. R98-189 is hereby amended to replace Diane Reese ith Wil1iam Mummert, Director of Financial Services, as the individual authorized and irected to execute financial reports and documents, and to transmit the same to the epartment of Treasury, pursuant to Rule 4C-2.032, Florida Administrative Code. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of September, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner TTEST: ity Clerk Corporate Seal) :\CA\RESO\Administrative\Authorizing Fin Director Sig . Rule 4C.doc J\ ¡. er,.6 _ . ~.. . " '"(J f=~r RESOLUTION NO. R98-/8? ,J, ~ A RESOLUTION OF THE CITY COMMISSION OF "' ~ . THE CITY OF BOYNTON BEACH, FLORIDA; AUTHORIZING DIANE REESE, FINANCE DIRECTOR "oF THE CITY OF BOYNTON BEACH, TO EXECUTE CERTAIN FINANCIAL REPORTS ,!'; AND DOCUMENTS ON·BEHALF OF THE GITYOF ! BOYNTON. BEACH, WHICH ARE REQUIRED UNDER FLORIDA 'ADMJNISTRATIVE CODE RULË 4~2.032, TO BE SUBf\AITTt::D TO Tf:iE ¡ , . i. DEPARTMENT OF TREASURY; AND PROVIDING ! : AN EFFECTIVE DATE. ¡. I:· I" ' WHEREAS, pursuant to, ~Rule 4C-2.032. Florida Administrative Code. ", i,: certain documents and reports must be filed and submitted to the Department 1:1 ,¡' of the Treasury which require execution by an authorized representative of ¡: ~,; .. the City of Boynton Beach; and J I t, ., WHEREAS, the Finance Director is the preparer of said reports and documents, and is responsible for their filing with the proper agencies within ,-; " prescribed time frames; L: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION , ;¡, OF THE~ITY OF BOYNTON 'BEACH, FLORIDA, THAT: .\, 'j;' Section 1. The City, Commissiòn of the ,City of Boynton Beach, Florida hereby authorizes and directs Diane Reese, the Finance Director of ~ '1 the City of Boynton Beach, to' execute financial reports and documents, as set out in Florida Administrative Code Annotated, Rule 4C-2.032, which , , ~I! Section is attached hereto and made a part hereof. ~ ¡ ¡ \ Section 2. This Resolution shall become effective immediately upon ~........- --- .. .., . ~ I ¡ - ;-~...,---_.---- ~....,..,...~ ,'--' --. If r -~~-~~~-_._. -_., r ,. --"".-.......~~~~-~--'--......"'~-_.,.-.----.. -----.--......--,-----........."'..-.- ~-... <__ ~.....~__<5_~ ....~-'--,,--""'... ' ----~--~- < , \ ..: ,. - .... "9. i passage. ,,, PASSED AND ADOPTED this I day of December, 1998: r:, ~ r, " .~ ::; L ; !" ayor Pro T em i,',' - 'l Ii, ' ,':: " I: CO Issloner ,1" .~~ !:: ! Commissioner I" ¡'; , . ATTEST: I~I'·¡ ~ ¡.j ; . - - . - - -. j: ~ ~~. <2-L/ . City lerk ' ' , ' ~,,\,\"II""/¡IJ: ~'\ 'y :Ill I"; ~ ~o 111"'0 ~ " ~o<c.. ~ ~ ,¡. I S O.o~ .A '*' !"- .... ~ -..,~ "" ... ¡ [ ¡ s:wp~ _ nance Dlr -:. on ':,;:0 a:: ,.;,~ :: .:z: :: ~ is I~ ~ ~ I:' ~ ~ .~ I:, '~ 1.0RIO'-' ~., " ~/I.· ~ :¡ I fllll"'tli"\\\\~ . It , ¡ ,: I:: if! ,';',' '. F iì r: I;. III I . 'I' ; . I:: I . if r--' ¡i I : ,II If ~'=-.ro"'_.-.."- --- -~·":~.::;'"'Q>-··1-·:·~ _. "" ~"" '''''·-·~·-~1. -_._~..&'~"':~j~ ~- lr- -.- ~- -~~ ~.... VI.-CONSENT AGENDA ITEM C.13 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City COIIUTIission Date Final Form Must be Turned Requested City COIIUTIission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) September 20,2004 D August 17, 2004 (Noon) August 2, 2004 D October 19, 2004 (Noon)Ocwber4,2004 D September 7,2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18, 2004 [8J September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November 1,2004 D Administrative D Development Plans NATURE OF [8J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Amend Resolution #R03-183 deleting Diane Reese, Director of Financial Services and Bill Atkins, Deputy Director of Financial Services and adding William Munnnert, Director of Financial Services as an authorized signer for banking services. EXPLANATION: Bank of America requires a Resolution approved by the City Conunission listing authorized signers on the City's banking accounts. Due to the retirement of Diane Reese and the hiring of William Munnnert as the new Finance Director, the signature resolution needs to be amended. PROGRAM IMP ACT: None FISCAL IMPACT: None ALTERNATIVES: None ~ ~ ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDIN<:J RESOLUTION NO. R03-183, PROVIDING FOR AN AMENDMENT TO THE SIGNATURE RESOLUTION FOR CITY ACCOUNTS AT BANK OF AMERICA; AUTHORIZING THE EXECUTION OF A REVISED SIGNATURE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach approved esolution No. R03-183, designating specified individuals as authorized signatories on City ccounts at Bank of America; and WHEREAS, due to retirements and changes in personnel, it is necessary to remove iane Reese, Director of Financial Services, remove Bill Atkins, Deputy Director of inancial Services, and add William Mummert, Director of Financial Services as authorized ignatories on City accounts at Bank of America; and WHEREAS, the City Commission of the City of Boynton Beach, hereby deems it to e in the best interests of the citizens and residents of the City of Boynton Beach, to amend esolution No. R03-183 to remove Diane Reese and Bill Atkins, and add William Mummert the list of designated individuals authorized as signatories for all City accounts at Bank of enca; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. The foregoing "Whereas" clauses are hereby ratified and confinned as eing true and correct and are hereby made a specific part of this Resolution upon adoption ereof. :\CA\RESO\Agreements\Authorizing Signatures Bank Amercia rev. doc Section 2. Resolution No. R03-l83, is hereby amended to provide that the ollowing individuals are designated as authorized signatories on City accoµnts at Bank of enca: Mayor Jerry Taylor William Mummert, Director of Financial Services Mary Munro, Budget Coordinator Section 3. The City Commission of the City of Boynton Beach, Florida does ereby authorize execution of any documents from Bank of America necessary to amend the ist of authorized signatories on City accounts. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner TTEST: ity Clerk Corporate Seal) :\CA\RESO\Agreements\Authorizing Signatures Bank Amercia rev.doc RESOLUTION NO. R03--( 1'3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A RESOLUTION TO AUTHORIZE INDNIDUALS TO SIGN FOR ALL CITY ACCOUNTS AT BANK OF AMERICA, AND PROVIDING AN EFFECTNE DATE. WHEREAS, the City Commission of the City of Boynton Beach, hereby deems it to e in the best interests of the citizens and residents of the City of Boynton Beach, to authorize he following individuals as signers for all City accounts at Bank of America; Mayor Jerry aylor, Diane Reese, Director of Financial Services, Bill Atkins, Deputy Director of inancial Services, and Mary Munro, Budget Coordinator. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA, THAT: The foregoing "Whereas" clauses are hereby ratified and confirmed as being e and correct and are hereby made a specific part ofthis Resolution upon adoption hereof. The City Commission of the City of Boynton Beach, Florida does hereby uthorize execution of the Resolution opening and maintaining deposit accounts and services t Bank of America, which is attached hereto as Exhibit "A." This Resolution shall become effective immediately upon passage. ~ r¡ I -- S:\CA\RESO\Agreements\Aulhorizing Signatures Bank Amercía.doc PASSED AND ADOPTED this K day of November, 2003. CITY OF BOYNTON BEi\.CH, FLORIDA r.. ~ er 1]~ ~ i ~ Co ATTEST: /'/- / ~ ! S:\CA\RESO\Agreements\Authorizing Signatures Bank Amercla.doc -. - VI.-CONSENT AGENDA ITEM F 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 Meetinl! Dates in to City Clerk's Office '\ Meetinl! Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19, 2004 o October 5, 2004 (Noon) September 20,2004 o August 17, 2004 (Noon) August 2,2004 o October 19, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 2004 c> -- ('")A ~ September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 @o _04 (Noon) November 04 A . ..(.0 ~ -n c:: <'0' G1 - "'<'"\0 0 Administrative 0 Development Plans "'" ".-;J....c c::> -'" ~ ~ 0 ~ "A NATURE OF Consent Agenda New Business ~ <)1 0 AGENDA ITEM 0 0 ~ o-;e.. Public Hearing Legal -::::. -::;; aJ 0 Bids 0 .. -~ Unftnished Business c.J' ~~ 0 Announcement 0 Presentation <1':::c. 0 City Manager's Report RECOMMENDATION: Motion to approve the release of a Cash Surety for Carriage Pointe development in the amount of $22,000.00 (Twenty Two Thousand Dollars and no Cents). A letter dated August 23,2004 requesting said release is attached. EXPLANATION: This request represents the surety posted for Excavation & Fill in association with construction of this project. All excavation and ftll work has now been completed. There are no outstanding issues. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~~pDß ~ City Manager's Signature Public W orks/Engineering ~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Exhibit A Sheet 1 of 1 t.ENNAr~ ~ ...~..... ~ - -"- ,,, " - '-o~_ ! ¿ 6 2004 August 23, 2004 Laurinda Logan, P.E. Senior Engineer City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Subject: Carriage Pointe Excavation & Fill Permit, #04-247 Dear Ms. Logan; A cash bond in the amount of$22,000.00, dated 02/10/04, was submitted to the City of Boynton Beach to ensure satisfactory completion of the excavation and fill for the site. The work has been completed and inspected. It is respectfully requested that the bond be released. Kindly contact me if you have any questions or concerns. Thank you for your continued cooperation. Michae . Smolak Vice President, Ermloe LLC 1013 N. State Road 7, Royal Palm Beach, FL 33411 · Telephone: 561-790-0202 · Fax: 561-790-4825 · www.lennar.com @- .....""'""'" """"""'" .-0-. _~_., __. r"-,*_.C --...~.._-,,--.~ ..~-. ~.-.o-.....~_~_-..-. o~. __..........~L~~>_~_.,~.___...>. .. _"-__...."~__~r_ '__'-.>... ... - ._ VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM G. AGENDA ITEM REQUEST FORlVI Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) September 20, 2004 D August 17, 2004 (Noon) August 2, 2004 D October 19,2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18,2004 [8J September 2 I, 2004 (Noon) September 7, 2004 D November 16,2004 (Noon) November 1,2004 D Administrative D Development Plans NATURE OF [8J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business c-> D D ::;:) (}-f Announcement Presentation -¡-< D City Manager's Report (/) -<0 m ç") ., -0 I 'CD ,TiC) RECOMMENDATION: UlD-< Motion to approve full release of surety covering the water and sewer systems for the pr~ ;;; ~ known as Artesa/ Jonathan's Creek and returning Letter of Credit No. 2001-041A from io~z Savings Bank to the developer. .. :::!~ (..) Ç') 1> Ul 1""110 EXPLANATION: :x: The water and sewer systems serving this project have been completed, all documentation has been provided and the system has operated satisfactorily through the warranty period. The surety may now be returned to the developer. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. ~ ß/- City Manager's Signature UTILITIES ~ Department Name City Attorney / Finance / Human Resources XC: Dale Sugennan (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. " File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC OHIO SAVINGS BANK December 4, 2001 Clean Irrevocable Letter of Credit No. 2001-041A , (Amended and Restated) The City of Boynton Beach, Florida Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 Re: Clean Irrevocable Letter of Credit No. 2001-041A Applicant: Weitzer Artesa Homes,' LLC Breakdown of Projects for SDA Project No. 98-0453B (Artesa): 1. Jonathan's Creek-Lift Station: $117,700.00 2. Jonathan's Creek Water Distributiòn System & Sanitary Sewer Collectionffransmission System $246,136.00 Total Amount of Letter of Credit: $363,836.00 To Whom It May Concern: We hereby establish our Clean Irrevocable Letter of Credit No. 2001-041A in favor of the City of Boynton Beach ("Beneficiary") in the amount of Three Hundred Thirty Thousand Seven HUndred Sixty and no/100 U.S. Dollars ($363,836.00) effective as of this date. The amount of funds available under this Letter of Credit stated above may be reduced by" an authorized official or agent of thè Beneficiary. We hereby agree that such reduction shall not be effective until we have furnished a written amendment to this Letter of Credit. Such amendment shall reference this Letter of Credit as set out herein and the new amount. Funds under this Letter of Credit are available to the Beneficiary hereunder not exceeding in aggregate the amount of this Letter of Credit (as said amount may be amended . from time to time pursuant to the above paragraph) against the Beneficiary's demand, by its authorized agent or official, for payment on us mentioning our Letter of Credit No. 2001-041A. It is a condition of this Letter of Credit that it will be automatically extended for periods of one (1) year from the expiry date hereof, unless ninety, (90) days prior to the expiration date we shall notify you in writing by registered or certified mail,at the above indicated address, tl:1at we elect not to consider this letter of Credit renewed for any such additional period. nl-ll,", C"..... .__ M. . _ . ., n"'-f r-.....__ ... ..,.._.._ r____.· _,.-.. ..__ ._,............. ----- -- - . - ~ - ~ . - - _.. - - - - - - - ...¡".._"""'"'~---.-. , -.......-.--~- _ '''~<__>o...........~____",,___~_.,,- _O____.-.'Uo '-- __<_. __" Amended and Restated Clean Irrevocable Letter of Credit No. 2001-041A Weitzer Artesa Homes LLC December 4, 2001 Page Two When we receive your written demand for payment at our Commercial Banking Department, 200 Ohio Savings Plaza, 1801 East Ninth Street, Cleveland, Ohio 44~14, OR at the main office of AmTrust Bank, (a division of Ohio Savings Bank) Attn: Da'(id B. Smith, Vice President, 5550 Glades Road, Suite 100, Boca Raton, Florida 33431, accompanied by this Letter of Credit, on or prior to the Expiration Date, we will promptly honor the same. (Acceptance of process) Venue for any and all legal actions necessary to enforce the terms of this Letter of Credit shall be Palm Beach County, Florida. Kindly address all correspondence regarding·this Letter of Credit to the attention of Frank J. Bolognia, Executive Vice President - Commercial Banking Department, Ohio Savings Bank, 200 Ohio Savings Plaza, 1801 East Ninth Street, Cleveland, Ohio 44114, referencing Letter of Credit No. 2001-041A Except as is inconsistent with the express provisions hereof, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revisions) International Chamber of Commerce Publication No. 500. Very truly yours, OHIO SAVINGS BANK A federal savings bank By: J.~ . Vice President And: ¿j ~ Steven S. Swartz, Vice President ~ VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonu Must be Turned Requested City Commission Date Final Fonu Must be Turned Í!! Meetinl! Dates in to City Clak's Office MeetÎD8 Dates to City CJerk's Office o August 3, 2004 (Noon.) July 19, 2004 o October 5, 2004 (Noon) September 20, 2004 o Angust 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) <ktober 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o Novembe£ 3,2004 (Noon) October 18, 2004 ~ September 21,2004 (Noon) September 7, 2004 o Novemb« 16,2004 (N00Il) November I, 2004 0 Administrative 0 Development Plans NATURE OIi' ~ Consent Agenda o New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement o Presentation 0 City Manager's Report RECOMMENDATION: Transfer $53,140.00 from account number 001-121l-512-99-01(Contìngency) to account number 001-1610-513-31-20 (physician's Exams) to cover the outstanding charges and provide funding for physicians exams through the end of the fiscal year. EXPLANATION: The financial shortfall in the Physician Exams account is due to several factors. The:first of these factors is that the budget was not adequately increased over the previons years allocation to meet projected Iùring needs. The 2003 budget allocated $80,000 for services. but was exceeded by over $16,000. The 2004 budget allocation was only increased by $5000. The total nnmber of employees hired during :fiscal year 2003 was 136, as compared to the total number of employees hired during the first three quarters of 2004 totaling 133. This is a hiring increase of over 300/0. with a budget increase of only 6%. Additionally, funds ftom this budget also go to cover annual physicals and stress tests for the :first responders from. the City's emergency services uníts. the cost ofwhich has increased proportionate to the level of testing required. PROGRAM IMPACT: This funds transfer will enable the continued examination and testing of new employees as required and will enable the City to continue to meet its contractual obligations to the collective bargaining units for the Police and Fire departments. li'ISCAL IMPACT: This is a one-time transfer of funds to rnainmin new hire testing and ~mi113rions, as well as to maint~in the City's contractnaI obligations with the collective barg;1ining units for the Police and Fire departments for annual physicals and stress tests. Currently, the <:ODtingency fund has a balance of S53, 140.00. S: Allow line item account number 001-1610-513-31-20 (Physician's Exams) to finish the fiscal year in t of approxi.mate1y $53,000. ~ City Manager's Signature ~WI/(oIt. 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T""" CD e. {l. e « a 0 a 0 a 0 0 0 0 a a rJ) (/) e. 0 0 a 0 0 a 0 a 0 a 0 ::) :::¡ LL . -, « - Human Resources Account Transfers Current Line Item Balance for Item 001-1610-513-31-20 = -$58,376.25 Line Item Account Transfers to Item 001-1610-513-31-20 From 001-1610-513- 34-30 $537.00 From 001-1610-513- 41-15 $1,800.00 From 001-1610-513- 44-31 $1,200.00 From 001-1610-513- 46-20 $350.00 From 001-1610-513- 48-22 $2,800.00 From 001-1610-513- 49-12 $11,000.00 From 001-1610-513- 49-17 $5,000.00 From 001-1610-513- 52-20 $1,500.00 From 001-1610-513- 52-82 $2,500.00 From 001-1610-513- 54-30 $800.00 Post-Transfer Balance for Item 001-1610-513-31-20 = -$30,889.25 July Billing = -$11,722.00 August Billing (Est.) = -$10,000.00 Total Overage = -$52,611.25 Contingency Transfer = $53,140.00 Ending Balance = $528.75 .-~~--,..- ... , ~.'-~'o~_ _ . _ . ____~c".;;___...._"'" .......~_._~ ~".--...~-......-.__ "A;--"_"'-_~,"~~"-'_ . ~ ~_" "'_...............'~"' "___~__,,n."'_""'·~_'~__ _~__. .--- -_ - Human Resources Account Transfers Current Line Item Balance for Item 001-1610-513-31-20 = -$58,376.25 Lire Item Account Transfers to Item 001-1610-513-31-20 From 001-1610-513- 34-30 $537.00 From 001-1610-513- 41-15 $1,800.00 From 001-1610-513- 44-31 $1,200.00 From 001-1610-513- 46-20 $350.00 From 001-1610-513- 48-22 $2,800.00 From 001-1610-513- 49-12 $11,000.00 From 001-1610-513- 49-17 $5,000.00 From 001-1610-513- 52-20 $1,500.00 From 001-1610-513- 52-82 $2,500.00 From 001-1610-513- 54-30 $800.00 Post-Transfer Balance for Item 001-1610-513-31-20 = -$30,889.25 July Billing = -$11,722.00 August Billing (Est.) = -$10,000.00 Total Overage = -$52,611.25 Contingency Transfer = $53,140.00 Ending Balance = $528.75 ---- ---- -- ----.---... ------ ~ '..,J '~. ~ 'J--:'_ Fiscal Year 2004 Account Balance Inquiry 16 : 4 0 : 3 ~I Account number · 1-1610-513.3I-20 · · Fund . · . · · · 001 GENERAL Department · 16 SUPPORT SERVICES · · · Division · . . · · 10 HUMAN RESOURCES Activity basic · 51 GENERAL GOVERNMENT · Sub activity · 3 FINANCIAL/ADMINISTRATIVE · Element · · 31 PROFESSIONAL SERVICES Object · 20 PHYSICIAN EXAMS . · · · Original budget · · · · · · · 75,000 Revised budget · 85,000 04/15/2004 · · · · · Actual expenditures - current · 30,730.00 Actual expenditures - ytd · 112,646.25 · · Unposted expenditures · · · .00 Encumbered amount · · · · .00 Unposted encumbrances · · · · .00 Pre-encumbrance amount · · · · · .00 Total expenditures & encumbrances: 143,376.25 168.7% Unencumbered balance · · · · 58,376.25- 68.7%- F5=Encumbrances F7=project data F8=Misc inquiry F9=Misc update FIO=Detail trans Fll=Acct activity list F12=Cancel F24=More keys ~,·__·_v " ~_... ..._._,-;....-------~-+. -.~ -~----'"~..~--,,-~- _._-~--,-- -~..._--...--..,...---""""'''''"'''''-~<.-....---~-~-'-~-;." -'---'" VI.-CONSENT AGENDA ITEM I. 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 o August 3, 2004 (Noon.) July 19,2004 o October 5,2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2, 2004 o October19,2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 [8] September 21,2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF [8] Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Authorize the use of community investment funds by Mayor Taylor, Vice Mayor Ferguson and Commissioner Ensler. EXPLANATION: During the current fiscal year (2003-2004) each member of the City Commission may allocate up to $12,000 for programs and activities of community interest and support. · Mayor Taylor - $1,500 to Boynton Beach Head Start Program · Vice Mayor Ferguson - $1,000 to the Boynton Beach Little League for renovation of their dugouts Commissioner Ensler has requested the following: · $3,000 to Boynton Beach Little League Field for repairs due to Hurricane Frances. This request has been recommended by Former Commissioner Ron Weiland · $2,000 to Greater Boynton Beach Sister Cities Committee for assistance with program costs · $1,000 to the Bob Borovy Scholarship Fund PROGRAM IMPACT: Staffhas reviewed the request and as long as the funds are used to directly benefit the students, we believe the activity is permitted. FISCAL IMPACT: Prior allocation of Community Investment funds ftom Vice Mayor Ferguson totals $11,000 therefore funds are available for this purpose. AL TERNA TIVES: Do not authorize the funds. ~~ Department Head's Signature Department Name City Attorney / Finance / Human Resources S:\BULLEllN\FORMS\AGENDA ITEM REQUEST FORM.OOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 9,2004 Requested by Mayor/Commissioner: Vice Mayor Ferguson Amount Requested: $1,000 Recipient/Payee: Boynton Beach Little League Description of project, program, or activity to be funded: Renovation of dug outs Dated: q-q-O'1 BYf!jn' Yn. R~J~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $11,000 has been used to date by the requesting Member, leaving a balance of available funds of $1,000. This request would bring the available amount down to $ O. Accordingly: eí" There are funds available as requested 0 There are insufficient funds available as requested. Dated: q-q- I1Y BY:~~ k Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) ~ The proposed expenditure of funds will not result in improvement to private property; tiI" The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated urpose. Dated: 't j,.." () I{ By: . City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENNerguson-Little League 9-2I-04.doc, 9/912004 ... III - --ii........ -~ ------,--~, . __~_,_.'"'-~""~v""-c_~.~ ._o__.--___.~_·._.__~~__.-_~·" - >~ -~, _~.... ,,,",~~'-=- ,-. -'. ~.-.;--- >4t- . _.~,-- ~<,----. - EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 14, 2004 Requested by Mayor/Commissioner: Mayor Taylor Amount Requested: $1,500 RecipientJPayee: Boynton Beach Head Start Program Description of project, program, or activity to be funded: Boynton Beach Head Start Program Dated: q -I LJ-o:3 Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $8,717 has been used to date by the requesting Member, leaving a balance of available funds of$3,283. This request would bring the available amount down to $1,783. Accordingly: ~ There are funds available as requested 0 There are insufficient funds available as requested. Dated: q- II-- Ocf By: ~ tRØI~ Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) ~ The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; ~ The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and g""Proper safeguards are being implemented to assure that the public funds being Dated: appropriated will be used for the ~ C\)C'1 J O"'{ By: :...c~ City anager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT\Taylor- Head Start 9-21-04.doc, 9/14/2004 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 10, 2004 Requested by Mayor/Commissioner: Commissioner Ensler Amount Requested: $2,000 RecipientlPayee: Greater Boynton Beach Sister Cities Committee, Inc. Description of project, program, or activity to be funded: Will provide assistance in program costs, fund raising expenses, state & national membership fees to Sister Cities International and printing costs. Dated: q - 1'-1- oL/ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $9,878 has been used to date by the requesting Member, leaving a balance of available funds of $2, 122 This request would bring the available amount down to $122. Accordingly: fIj( There are funds available as requested 0 There are insufficient funds available as requested. Dated: CJ ~ ) 1.\ - 04 By:~ ð?t74411 ~ Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) 0 The proposed expenditure of funds will not result in improvement to private property; ,¿ The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and c;a/ Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated p ose. Dated: q),"{ , 011 By: S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMEN1ìEnsler-Sister Cities 9-21-04.doc, 9/13/2004 ".---~" _ "'"""-=-----,~~__,,_~________. __L~~__.~'''-''-'__,~-.~ _ __,._ :~__~",,_~P,~""'--'''''''''.~ "'""_"_''''~_O'''''~O~.o _. _" >--~---,=-,,- , ,/ ..¿ø 0\. \\0\ 0'" The Greater Boynton Beach Sister Cities Committee, Inc . fJO 1:: BOYllff'" /Jench Tlolflel'f1rrl September 1,2004 ]oyfltoPl /lench. 1'1. 33.¡z5 I'holfe: (56/) 731-1474 lfôì~~ [E ~ ~ [E ~I Emuil: jhea"ilill/(@msftCOm ~\ I li .1 Greater ßoyntoll Ileac" Mayor Taylor & Commissioners ~ ~I SEP - 82004 jU Si.fter Citie.~ City of Boynton Beach Board of Dired(Jr.~ 100 E. Boynton Beach Blvd. CITY MANAGER'S OFFICE Jeanne Heovilin. Boynton Beach, Fl. 33425 Pre8úlent ChrislÙJne Francois. RE: Sister Cities VICe President Carol Burnhøm Miller. Dear Commissioners: Secretary Jim Wdlinms The Greater Boynton Beach Sister Cities Connnittee, Inc. has had a busy Treasurer year. We completed our first full fiscal year as a 501(c) (3) corporation, Gerald Broening hosted a delegation :from our sister city, Qufu, China, and successfully launched the Y oung ~s Competition, a Sister Cities International '" DeCarlo program that saw 79 students :from Boynton Beach and Qufu participate. Dr. JudiJIr M. Garcia Stormet Norem Our plans for the coming year include continuation of the YOung Artists Competition, exploration of a second Sister City relationship, a "pen-pal" Dale S"germoll student exchange program, possible participation in the Sister Cities International Wheelchairs for Peace program and a partnership with the City of Boynton in a community park. And, of course, fund raising activities top our list in order to provide the programs we are planning. Our proposed budget for the coming year, October 1,2004 - September 30,2005 to cover program costs, fund raising expenses, state and national membership fees to Sister Cities International and printing costs is approximately $19,000. Our income is derived solely &om membership fees, fund raising activities and donations. We are requesting any assistance that the City can provide to us. In many communities, the municipality provides annual assistance. We realize there is not aJine item for Sister Cities in your budget, so ask that you contnòute whatever you can. - .À.- .dated with Slater CUle. Ilternatlona1, Inç. Page 2. We feel Sister Cities plays an important role in the community an~ with the establishment of additional Sister Cities programs, will prove to be a strong partner to the City in building global relationships. Thank you for your consideration. Should you have any questions, please don't hesitate to contact me at (561) 901-8714 (cell) or (561) 731-4474 (home). Sincerely, Jeanne Heavilin President Cc: Kurt Bressner ~ '__K"" , . . _ _, ,_~"""""-~_~_~A____'''''_ _.~.,",_"""""",,_...,-_~,>__,...-,""-.........".,~ -,,,<,~,.._-....,...........--~.,------- EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 13, 2004 Requested by Mayor/Commissioner: Commissioner Ensler on behalf of Former Commissioner Ron Weiland Amount Requested: $3,000 Recipient/Payee: Boynton Beach Little League Field Description of project, program, or activity to be funded: Repairs to little league field due to Hurricane Frances. Dated: q-It./-o,/ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $6,878 has been used to date by the requesting Member, leaving a balance of available funds of$5,122. This request would bring the available amount down to $2,122. Accordingly: Ifir"'" There are funds available as requested 0 There are insufficient funds available as requested. Dated: q-/4-D 4 By:~ ¡J(¡1 ~ A tI. J Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) ~ The proposed expenditure of funds will not result in improvement to private property; vThe recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~roper safeguards are being implemented to assure that the public funds being Dated: appropriated will be used for the ~ 9),L{ lOt( By: ~ City anager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENnEnsler-Little League 9-2 I -04.doc, 9/1312004 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 13, 2004 Requested by Mayor/Commissioner: Commissioner Ensler Amount Requested: $1,000 Recipient/Payee: Bob Borovy Scholarship Fund Description of project, program, or activity to be funded: $1,000 cash award to a graduating high school senior who best epitomizes the spirit of volunteering and giving to the community. Dated: q -14-04 Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $5,878 has been used to date by the requesting Member, leaving a balance of available funds of $6,122 This request would bring the available amount down to $5,122. Accordingly: ¡¡:(' There are funds available as requested 0 There are insufficient funds available as requested. Dated: q - I Y-Oa1- BY:~~ Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) 0 The proposed expenditure of funds will not result in improvement to private property; 0 The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and 0 Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: By: City Manager S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENliEnsler-Borovy Scholarship 9-21-04.doc, 9/14/2004 ~~--..... w··~-_>......_~....... " -> --~=<>-. .,..,.-~........- ~---,- ~,~----------,,,,,,,,,..;-.",,,,,,,,,,---,, ~'-~ - < - --- ~-.......,.~..-,---~-~-..--......"-,~~--,--_.- THE BOB BOROVY STUDENT CITIZEN OF THE YEAR AWARD Sponsored by the City of Boynton Beach Recreation & Parks Department and the Advisory Board on Children & Youth The City of Boynton Beach Advisory Board on Children and Youth announces the fifth annual Bob Borovy Student Citizen of the Year Award. This $1,000 cash award will be given to the graduating high school senior who best epitomizes the spirit of volunteering and giving to the community as exemplified by the late Bob Borovy. A United States Veteran and former Advisory Board on Children and Youth member, Mr. Borovy was an active citizen of the Boynton Beach community for many years. The requirements are as follows: .:. The nominee must be a resident of the City of Boynton Beach (live within the corporate city limits). .:. The nominee must have done significant volunteer work and have made meaningful contributions to his/her school community, religious community, social service organizations and/or to the community of Boynton Beach. .:. The nominee must be a person of good moral character. .:. The nominee must be nominated by three adults (not related to the nominee). .:. The nominee must write a 100-300 word essay on what he/she has learned from performing volunteer community service. (Essays should be typed and double-spaced). .:. The nominee must complete the appropriate application. .:. Supporting documentation such as news articles, letters and pictures should be placed in the packet sent for the nominee. All materials sent in the packet will be considered the property of the City of Boynton Beach and the Advisory Board on Children and Youth and will not be returned. Please do not send valuable original pictures or materials. Photocopies will be sufficient. The winner will be selected by a panel of judges. Their decision shall be final. The winner will be announced at the annual Youth Volunteer Bank Awards Banquet in May, and will have his/her name placed on a permanent plaque at City Hall. All applications must be received by April 1 , 2005 Contact Sherri Claude, Recreation & Parks Department, for more information (561) 742-6224 The Advisory Board on Children & Youth reserves the right to extend the application deadline date if insufficient applications are not received. THE BOB BOROVY STUDENT CITIZEN OF THE YEAR AWARD CHECK SHEET Prior to submittal, please ensure that all requirements are met. Incomplete applications will be ineligible for judging. Please enclose this form with your application. NAME City of Boynton Beach resident (within the corporate city limits) Completed application including student and parent signature 3 Letters of Recommendation (from adults NOT related to nominee) Essay (100-300 words, typed & double-spaced) What you have learned from performing volunteer community service Supporting Documentation (please list what is being included) APPLICATION DEADLINE: APRIL 1. 2005 MAIL TO: CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT "BOB BOROVY AWARD" P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 . ~-,- ~ "--~""""-~"'''''--~~~-' "_-,---~~--.....--->.~-~~.-.---,~-~-,-.-,-,--~ _A_'_,',____,~_~."~.,,......,...--_-¡-. · THE BOB BOROVY STUDENT CITIZEN OF THE YEAR AWARD APPLICATION LAST NAME FIRST NAME ADDRESS CITY ZIP PHONE SCHOOL E-MAIL COMMUNITY SERVICE PERFORMED: (Please attach supporting documentation) ORGANIZATION CO NT ACT PERSON VOLUNTEER WORK DA TESI & PHONE NUMBER PERFORMED HOURS (for verification) SPECIAL ACHIEVEMENTS/ACCOLADES, ETC. (Please attach supporting documentation) RELEASE I hereby give permission to the City of Boynton Beach Recreation & Parks Department and Advisory Board on '1i1dren and Youth to use my name, photos and other relevant materials and information for the purposes of ,.,ublicizing the Bob Borovy Student Citizen of the Year Award. I hold said Advisory Board, its individual members and the City of Boynton Beach harmless from any misuse of my name or other materials. STUDENT SIGNATURE DATE PARENT SIGNATURE DATE VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM J. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Connrnssion Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19,2004 c=J October 5, 2004 (Noon) September 20, 2004 c=J August 17,2004 (Noon) August 2, 2004 c=J October 19,2004 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August 16,2004 c=J November 3, 2004 (Noon) October 18,2004 ~ September 21 , 2004 (Noon) September 7,2004 c=J November 16, 2004 (Noon) November 1,2004 0 c:> n-i c=J Administrative c=J Development Plans ,¡:- =i-< :Þ" -<0 NATURE OF ~ Consent Agenda c=J New Business c= ,:-> 11 ø AGENDA ITEM c=J ,-ro c=J Public Hearing Legal N ,"'10 (T\ ::3-< c=J Bids c=J Unfinished Business :::~z ;:pa ><)-i c=J Announcement c=J Presentation 3 ~o o:z: co '"T1 c=J City Manager's Report .. -<lCD -fTl W CJþ U1 fTln :I: RECOMMENDATION: Motion to approved the "RENAISSANCE COMMONS PLAT TWO, A P.U.D." Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Surveyor & Mapper). EXPLANATION: The record plat review for this project conunenced on July 20, 2004, to which the second and final review was completed on August 23, 2004. Several plat preparation changes not withstanding, staff now reconunends that the City Commission approved the plat as presented subject to fmal signatures by the City Engineer and Mayor. This record plat is a boundary plat delineating the succeeding developable tracts. The record plat preparer has stated that all interior utility easements will be added to any and all replats or dedicated by separate instrument with each phase of the construction plans. PROGRAM IMPACT: The proposed development will continue to be delayed until the proposed record plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting conunences after the issuance of the LDP. FISCAL IMP ACT: None. AL TERNA TIVES: The proposed development will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. ~~ ~'Si__ _:P.) bt'Lt0t><t ~ £~IIW('-:j City Attorney / Finance / Human Resources Department Nam S:\BUlLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC GÄfEWftY BLVD. $ ~---l /. ~ J; !-&J ~ (~ !-&J ~ ~ lJIDD C-/6 CNlN... tD 3i ~ I '________________--1 "" ;. EXJ(NTON BElCH £)/JlEV AAD II LOCATION MAP NOT TO SCALE ,_____~__"'~._... ........_..~~.."...-.._,~ _ ._'.R........."'..___-_ ~_"_. _ "-~____,_._~""._o__~_....,,,_..______ ._..___".-~____............~~,~.--.- -~."..,=,---._-. .~ VI.-CONSENT AGENDA ITEM K. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOKIVl Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Officç c=J August3,2004 (Noon.)July 19,2004 c=J October 5, 2004 (Noon) September 20,2004 c=J August 17,2004 (Noon) August 2, 2004 c=J October 19,2004 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August 16,2004 c=J November 3,2004 (Noon) October 18,2004 [g September 21, 2004 (Noon) September 7,2004 c=J November 16,2004 (Noon) November 1,2004 c=J Administrative c=J Development Plans NATURE OF [g Consent Agenda c=J New Business AGENDA ITEM c=J Public Hearing c=J Legal c=J Bids c=J Unfinished Business c=J Announcement c=J Presentation c=J City Manager's Report RECOMMENDATION: Authorize the use of$2,500 community investment funds by Commissioner Carl McKoy. EXPLANATION: During the current fiscal year (2003-2004) each member ofthe City Commission may allocate up to $12,000 for programs and activities of community interest and support. Request approval for allocation of $2,500 to Maddads to assist in programming costs. PROGRAM IMPACT: Staffhas reviewed the request and as long as the funds are used to directly benefit the students, we believe the activity is permitted. FISCAL IMP ACT: Prior allocation of Community Investment funds ftom Commissioner McKoy totals $9,500, therefore funds are available for this purpose. AL TERN A TIVES: Do not authorize the funds. ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 16,2004 Requested by Mayor/Commissioner: Commissioner McKoy Amount Requested: $2,500 RecipientlPayee: Maddads Description of project, program, or activity to be funded: Assist with program costs. Dated: Cf - /fo-ot/ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $9,500 has been used to date by the requesting Member, leaving a balance of available funds of $2,500 This request would bring the available amount down to zero. Accordingl y: ü' There are funds available as requested 0 There are insufficient funds available as requested. Dated:--9 - to - D L1 By:~ æ1.-<J.' Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) Ì{ The proposed expenditure of funds will not result in improvement to private property; Jt The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; l!( The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and t- Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated Rurpose. Dated: q I ifal 0'1 By:~J2~ City Manager -- S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENnMcKoy-Maddads.doc, 9/16/2004 VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office D August 3, 2004 (Noon.) July 19,2004 D October 5,2004 (Noon) September 20,2004 D August 17,2004 (Noon) August 2, 2004 D October ]9,2004 (Noon) October 4,2004 D September 7,2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18, 2004 ~ September 21, 2004 (Noon) September 7,2004 D November 16, 2004 (Noon) November 1,2004 0 C) ç")-I J;.- :::¡-< D Administrative 0 Deve]opment P]ans U'> -~o rr1 .:-, .." -u NATURE OF D Consent Agenda D New Business ,-OJ I [il0 AGENDA ITEM ~ Pub]ic Hearing D Legal \.D .>'J -< Ã- - .A- D Bids D Unfinished Business :r:- :fl-l :% C> c:)z D Announcement D Presentation .r;- maJ .. ~rr1 D City Manager's Report at Ç")J> -...t £"T1C") ::I: RECOMMENDATION: P]ease maintain this request on the September 21, 2004 City Commission Agenda under Pub]ic Hearing. The City Commission tabled this item again at its September 7, 2004 meeting. For further detai]s pertaining to the request, see attached Department of Deve]opment Memorandum No. PZ 04-151. EXPLANA nON: PROJECT: Lake Drive North (ABAN 04-003) AGENT: Rodney Regan OWNER: Avon Investments, Inc. LOCATION: 2625 Lake Drive North DESCRIPTION: Request for abandonment of the north 4.2-foot wide walk easement in Lakeside Gardens subdivision. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNA TIVES: N/A 4~ ity Manager's SIgnature P]anning and mng Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Lake Drive North\ABAN\Agenda Item Request Lake Drive North ABAN 04-003 Pub Hearing tabled 9-21-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04-0'~ 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF AN 4.2 FOOT WIDE EASEMENT 6 LOCATED IN LAKESIDE GARDENS, (ABAN 04-003), 7 SUBJECT TO STAFF COMMENTS; AUTHORIZING 8 THE CITY MANAGER TO EXECUTE A DISCLAIMER, 9 WillCH SHALL BE RECORDED WITH THIS 10 ORDINANCE IN THE PUBUC RECORDS OF PALM 11 BEACH COUNTY, FLORIDA; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, Avon Investments, Inc., through its agent, Rodney J. Regan, is 15 requesting abandonment of a 4.2 foot wide unimproved easement located between Lot 30 to 16 the north and Lot 31 to the south and provides access to the Intracoastal Waterway from Lake 17 Drive North, subject to staff comments; and 18 19 WHEREAS, comments have been solicited from the appropriate City Departments, 20 and public hearings have been held before the City's Planning and Development Board, and 21 the City Commission on the proposed abandonment; and 22 23 WHEREAS, staff has determined that the easement provides no public service; and 24 25 NOW, -THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 27 28 Section 1. The foregoing Whereas clauses are true and correct and incorporated 29 herein by this reference. 30 31 Section 2. The City Commission of the City of Boynton Beach, Florida, does 32 hereby abandon a 4.2 foot wide unimproved easement located between Lot 30 to the north 33 and Lot 31 to the south and provides access to the Intracoastal Waterway from Lake Drive 34 North, subject to staff comments, and more particularly described in the attached Exhibit 35 "A." A location map is attached hereto as Exhibit "B." 36 37 Section 3. The City Manager is hereby authorized and directed to execute the 38 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 39 Records of Palm Beach County, Florida. 40 41 Section 4. This Ordinance shall take effect immediately upon passage. 42 43 FIRST READING this _ day of ,2004. 44 S:\CA\Ordinances\Abandonments\Abandonement -lake Drive North - 04-003.doc ."---- ----.".-- ._~-~---""~-"'"'--"<---'--~----"'- ---,_._-,--......".~._..~..~..""'.,.....~~-~,-~- 1 SECOND, FINAL READING AND PASSAGE THIS _day of 2 3 ,2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 ATTEST: 22 1)3 ~ City Clerk 25 26 27 S:\CA\OrdinanceslAbandonmenls\Abandonement -lake Drive North - 04-003.doc , , I 1 2 3 4 EXfllBIT "A" 5 6 The north 4.2 foot walk (easement), in LAKESIDE GARDENS, a 7 subdivision of the Town of Boynton, Florida, according to the Plat of said 8 subdivision recorded in the Office of the Clerk of the Circuit Court in and 9 for Palm Beach County, Florida, in Plat Book 8 at Page 57, located 10 between Lake Drive North and the Intracoastal Waterway. S:\CA\OrdnanceslAbandonmentslAbandonemenl -Lake Drive North - 04-003.doc ~---------.-....--.-=-~ _¢,,o__..s-_,' ~---~,-- ____ . < ,_,._ __. ~~____.~<A -e . _~__-o--'>__.~~:_~____-~~-. ~...¡. --- .. 'i In. = 100.0 feet R-3 - ;-3 R 1··' ·A . ,-. -. -. ..L. ._ .. . --". - . - ... . _.- ., _0 .lA _ . . LAKE DRIVE NORTH LOCATION MAP EXHIBIT ..It' i 1 DISCLAIMER 2 3 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, 4 Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon 5 a 4.2 foot wide unimproved easement located between Lot 30 to the north and Lot 31 to the 6 south and provides access to the Intracoastal Waterway from Lake Drive North, subject to 7 staff comments, and more particularly described in the attached Exhibit "A". 8 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton 9 Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ 10 day of September, 2004. 11 ATTEST: CITY OF BOYNTON BEACH, FLORIDA 12 13 Janet Prainito Kurt Bressner, City Manager 14 City Clerk 15 16 STATE OF FLORIDA ) 17 )ss: 18 COUNTY OF PALM BEACH ) 19 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and 20 Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, 21 Florida, known to me to be the persons described in and who executed the foregoing 22 instrument, and acknowledged the execution thereof to be their free hand and deed as 23 such officers, for the uses and purposes mentioned therein; that they affixed thereto the 24 official seal of said corporation; and that said instrument is the act and deed of said 25 corporation. 26 WITNESS my hand and official seal in the said State and County this _ day of 27 September, 2004. 28 NOT AR Y PUBUC, State of Florida 29 My Commission Expires: S:\CA\Ordjnances\Abandonmenls\Aba~donemenl -Lake Drive North - 04-003.doc .. NI -f-· -_....iII--.__;'_.,·"""'___~~~<-_ <.. _..___~~ nõ- -_~-.....__._____=r_ ._~_~.~....-~_."<_n'._'._~__.__ . __.___'~~__"""'_'-"""~'"'"""'_n_"""'__"I·~_·~____·_· ....-,.. 1 2 3 4 EXlUBIT "A" 5 6 The north 4.2 foot walk (easement), in LAKESIDE GARDENS, a 7 subdivision of the Town of Boynton, Florida, according to the Plat of said 8 subdivision recorded in the Office of the Clerk of the Circuit Court in and 9 for Palm Beach County, Florida, in Plat Book 8 at Page S7, located 10 between Lake Drive North and the Intracoastal Waterway. S:\CA\OrdlnanceslAbandonments\Abandonement -Lake Drive North - 04-003.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04·161 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf t.-~ Planning and Zoning Director FROM: Maxlme Ducoste-A. Planner DATE: June 30, 2004 SUBJECT: Lake Drive North Abandonment of the north 4.2-foot wide walk easement. (ABAN 04-003) NATURE OF REQUEST rhe agent for Avon Investments, Inc., Rodney J. Regan, is requesting to abandon the north 4.2-foot wide walk. "'Is unimproved easement measures 160.64 feet In length and Is located between lot 30 to the north and lot S1 to the south and provides access to the Intracoastal Waterway from lake Drive North. This abandonment equest was submitted on March 26, 2004. It Is described as follows: The north 4.2-foot walk (easement), In LAKESIDE GARDENS, a subdivision of the Town of BOYNTON, Florida, according to the Plat of said subdivision recorded In the Office of the Cieri< of the Circuit Court In and for Palm Beach County, Florida, in Piat Book 8 at Page 57, located between Lake Drive North and the Intracoastal Waterway. be location map attached as exhibit "A" shows the general vicinity of the portion of the road easement to be bandoned. The attached Exhibit "B"- shows the location of the proposed abandonment and Its legal description. 'he following Is a description of the zoning districts and land uses of the properties that surround the subject asemenl North - A single-family house zoned R-l-AA, single-family restdentlal district; South - A single-family house zoned R-l-AA, single-family resIdential dIstrict; and East - Intracoastal Waterway right-of-way; and West - lake Drive North right-of-way and farther west a single-family house zoned R-l-M, single-family residential district BACKGROUND I January of 1922, the Plat of lakeside Gardens was approved (exhibit M8_1N). this subdivision Included ro (2) avenueS (DImick Avenue and Potter Avenue), one (1) drive (Lake Drtve North) dedicated to 1he Npetual use by the public, reserving unto the developers or successors the right of reversion If not used as ICh. As suCh this clause Is In favor of the ortglnallnterest party If any light of way Is abandoned. Pursuant florida Statutes Sections 117.085, reversions contained In plats recorded prior to July 1, ·1972 would be ~hed If specific action were not taken to estabnsh such rights on or before July 1, 1973. Also c ____......~___~~...-,~,"-....'"'_;~__. ,< ..-.~ ,_ __.__".,._ _~"'__~_~'''''''_--<''''' _'-<4,,_ ,~,~~ ,. "'n_>,'.-__">_ . ~--- - Memorandum No. PZ 04·151 ABAN 04.()()3 v Indicated on the Plat are two (2) "walks", which provide access to the waterfront with no specific dedications. The plat of LakesIde Gardens Includes avenues, drive and walks. The avenues and drive contained In the Plat of ( :eslde Gardens are dedicated to the public, however the plat does not provide any specific reference to the ··,,,,ent and purpose of the two (2) -Walks", which were Intended to provide access to the Intracoastal Waterway from Lake Drive North. It should be noted that these walk easements are not being used as Intended nor are they properly maintained. Both are overgrown with grass and other vegetation and, fences are encroachlngfrom either side of the south walk. The subject walk easement terminates at the bank of the Intracoastal WateM/ay, which at this location Is unimproved and consists of large rocks assumed to buffer the shoreline from the wave action. If these walks remain, the city Is obligated to maintain them. and possibly improve the shoreline to minimize safety hazards and liability. However, due to the limited width of these walkways, the limited width at the water, and the unimproved shoreline, this path Is not Ideal for pUblic access. The applicant has the Intention of vacating the north 4.2-foot wide walk to consolidate It with the abutting property to the south (Lots 31 and 32) In order to reconstruct a new single-family house. That portion of the walk when abandoned will revert to the abutting property owners; one-half to the owner to the north and one-half to the owner to the south. ANALYSIS 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: ~ITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Wort<s/Utilitles - No objection Planning and Zoning - No objection 'UBLlC UTILITY COMPANIES Florida Power and Light - No objection Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphla) - No objection Cable Company (Comcast) - NIA RECOMMENDATION aft' recommends that this request to abandon the north 4.2-foot wide unimproved walk easement, located mediately east of Lake Drive N()rth, and as described above, be approved. This recommendation Is based on Iff'S findings that the unimproved walk easement serves no public purpose, and could potentially create zardous situations and be detrimental to the public welfare. Any conditions required by the Community development Agency Board and the City Commission will be placed In Exhibit ·C" - Conditions of Approval. Central FHa ~WP.PR.OJECT8'Uke Drive Hori!I\AIWt\St8ff Report.cI«: ..- . 1 In. -100.0 feet R-3 :-3 ... ... . "-. ,.. .. .. - ..-- .. .. . - - . .~...... ...... . LAKE DRIVE NORTH LOCATION MAP EXHIBIT "A" .~.,.,..~,,,-_:,",~.~-..---.-,.-~._.~,,,----,,-.~...-.~ ~~ . . .. . .~ .. ,~~ . ~d~ ..' " . . ~ I . , "I.to· -..-.- '--... ~ 00'",' ·oo·t: .. : t.1I: ,.... 1tI>; ... . ~,., .- I ..\ ~I " .¡ . . ~~ .' ..\...~".. . ,.Iì e I . I . ~~.~ I . . ~~;1. '. ~ .. I r «0. or . . © &..OVA T I~ MAr .... .- v- ~ ". " S S _ ~ - - '" ~1;e/ ~ IU ~ ~ I . It, , . . 8 8 ~ 8 LOT NœA ".'Tf ~ Of +1- ~ Z Z _~'ÞA '~'!f " u:tn" I fý TO' ,. I .. .;. :4-.'(, ~I"\ II . ~")..' .\1-~ Ie. - ~~ N' 'oo'e '" ".to· I I~ ~.~~ ---1. _~._ 0,00' 'Q l-AKE DR I VE ,NORTH - . tC!ItIt WT ~ II> ¥ 11't-WT 'tl-e ~ 16NAtuœ AW 1H: OR 161tw.. RAlc;fI) ~ or A R.OR lOA 1..1Çft.f.a6) Q'ÆYOR AtÐ . ; eoLWARY ~ IlI~.~~~flV'''~,ØP . , . t~ . P." ., J~ ~ IN -·to' ...~~ I t...f1.. ~I 04-04"042 . , . --u. ...~~""JUL;- '~K.UC1"'~E~r-1t1·" . being a subdivision of . . "\;]!) .;. . ·the nor:th 683_-4 ft. of the south 98a.~ t t._ qt bo.th Oovt 0 Lot ;3 '(1 ld . S~c.. '8 and that.part of the S.'\\'.~ o( the N.vv.~ of Sëctlon 'Slylnr; east of the Dixie Hlthway. all In 1'wP.4ô·,south . R. 43 B o. Palm BeMh County, Fill. . . 1922 Seabon..d ~gi'" .Assno, Soate, 60 ft. to the 't1~h. P. H. Bovvers, Chief Bngr., . v Kelsey D. Purdy . Þla. Cett. 131. . Lake Stffes c. liaU . . Owners'&, Developers Wo1-th .. .. . 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"õ ~ ~ -v' . ~. ~.I. .e;:..)... -d. ~ ~ ~ ~ ~ i 1- ì ~ ~ ~ .. . (-Ad- ~ ~ ~: ~81 59 6() 61 6.l 4;'; I I ~ =< ~., 1· . l I . - Ir- _I- ' I. ¡ : .~~ I 6~ 65 66.~., 66 61~ ~,I;. i~ . - - ,...,t. I. ; ~ ~.. '~~, . \ ~ - . -- -fØ.o) "ol.~ ~__ ~ '.¡ ~, I.tØ /.e...'? /30/9/ '.:J;! - ~ ~. DIJ'¡t "::ì;oII. -." ~.('... ~- -:: -:- _ _ _ ~ .: :! . ~ ! ~ /. ! W~ ~ ,. I~ . . . . -. -: _ .jM' 4fO." II' ~ i I! ~ .....~. ts . ....., 1.. ~I -:: ~ I -..... ~ . __ _"A l.l.# _. 0 · --..... ... -.. ~. ~- -: ( , -. ~. - . Þ. u. _ I' . atQ.II"b___ ' ~I ''-'', - -~~ i .. ,. tl.,-- -.- : ~ø·. ' t. ~ I '-~ ~ -- . .~~_~.__--'-_ t, ~~_",-_,~__."_~þ~ h_~"-· --.-.> ~-~>->~---' EXHIBIT "C" Conditions of Approval Project name: Lake Drive North File number: ABAN 04-003 DEPARTMENTS fNCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic CQnunents: None X UTILITIES Comments: None X Ji'IRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Conunents: None X FORESTERlENVlRONMENTALIST Comments: None X PLANNING AND ZONING ;omments: None X ADDITIONAL COMMUNITY REDEVEWPMENT AGENCY BOARD CONDmONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be detennined. S:\PlannInglSHAREDIWPIPROJECTSIl8ke Drive NorthIABANlCOA.doc ~ ----~---~""""':,---<'..,-_.- ~---- > __~,..>.........,.-_ ._.~ _____,~_>c-__ _"<_ _ _<"...~____ _n _",~...;<-""...- ~.",,'" VIII.-PUBLIC HEARIN~ ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting: Dates in to City C]erk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July] 9,2004 c=J October 5, 2004 (Noon) September 20, 2004 c=J August] 7, 2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August ]6,2004 c=J November 3, 2004 (Noon) October] 8, 2004 ("') 0 ("") -i ~ September 2 I, 2004 (Noon) September 7, 2004 o November] 6, 2004 (Noon) November], 200-t; ::¡-< -<0 rr1 " ." -U - ,-CO "'0 0 Adnùnistrative 0 Development Plans CT\ :::J-/ ~z NATURE OF c=J Consent Agenda 0 New Business ::Þo U)-i ::E: C) AGENDA ITEM rg¡ Public Hearing 0 Legal C..Jz .r- --1"\ .. ."m c=J Bids 0 UnfInished Business U1 -m nJ> f',.) "'0 0 Announcement D Presentation ::c: 0 City Manager's Report RECOMMENDATION: Please place this request on the September 21,2004 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-213. EXPLANATION: PROJECT: Edward Medical Office (ANEX 04-004) AGENT: Hany Edward OWNER: Hany Edward LOCATION: 3908 North Federal Highway DESCRIPTION: Request for annexation of a O.72-acre partially developed lot located in un incorporated Palm Beach County. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES: N/A Develop ent Director City Manager's Signature ~~DUectm City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Edward Medical Office\ANEX 04-004\Agenda Item Request Edward Moo. Office ANEX 04-004 9-21-04.( S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING &. ZONING DMSION MEMORANDUM NO. PZ 04-213 TO~ Chair and Members Community Redevelopment Agency Board and City Commission FROM: Eric Lee Johnson, AICP (f Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 31,2004 PROJECT NAME/NUMBER: Edward Medical Office Building LUAR 04-008 and ANEX 04-004 PROJECT DESCRIPTION Property Owner: Mr. Hany Edward Applicant! Agent: Mr. Hany Edward Location: West side of South Federal Highway, approximately 350 feet south of the intersection of Old Dixie Highway and South Federal Highway (Exhibit "A" - Location Map) ¡sting Land Use: CHIS Commercial High Intensity (Palm Beach County) ~ing Zoning: CG General Commercial (Palm Beach County) ,ed Land Use: Local Retail Commercial (LRC) 'CI Zoning: Community Commercial (C-3) Use: To annex the 0.72-acre parcel, to reclassify its land use to Local Retail Commercial (LRC), and rezone to Community Commercial (C-3) in order to construct an 11,957 square foot medical office building. . 1: Developed commercial property with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3); Page 2 Edward Medical Office Builidng File Numbers~ ANEX 04-004 and LUAR 04-008 South : Developed commercial property classified as Palm Beach County Commercial High / Medium Residential MR-S (CH / 5) land use and zoned Palm Beach County General Commercial (CG); East: Right-of-way for South Federal Highway, then farther east is undeveloped residential property (future Waterside residential development by Southern Homes, Inc.) with a Special High Density Residential (SHDR) land use dassification, zoned Infill Planned Unit Development (IPUD); West: Developed residential property dassified as Palm Beach County Medium Residential (5 units per acre - RM/5) land use and zoned Palm Beach County Residential Multi-family (RM). EXEcunvE SUMMARY Staff recommends approval of the requested annexation ¡land use amendment / rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the City's annexation program, which emphasizes the annexation of endaves, and relevant polides in the Comprehensive Plan; 2. The requested land use and zoning are consistent with respective current designations in unincorporated Palm Beach County; 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the Oty. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject annexation / land use amendment / rezoning were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. PROJECT ANALYSIS A land use amendment can be defined as a change to the City's Comprehensive Plan that seeks to modify the text of the adopted goals, objectives, and / or policies contained within the Plan. Also, an amendment can be described as a change to the Future Land Use Map. Amendments to the Comprehensive Plan are divided into two (2) separate processes, namely large-scale and small-scale text amendments. The process by which to review a petition is determined by the size of the parcel with lo-acres being the threshold. The subject property is 0.72 acre, which is smaller than the 10-acre threshold and therefore eligible for the small-scale amendment process. Small-scale text and Map amendments do not require the Rorida Department of Community Affairs (DCA) to review for compliance with state and regional plans prior to its adoption by the Oty. This means that the proposed amendment, if desired by the city, would - ;:1'- J Edward Medical Office Builidng Fi,'e Numbers: ANEX 04-004 and lUAR 04-008 be éldopted first, and then subsequently forwarded to the DCA for their records ("large-scale" amendments are not adopted until following consistency review by the DCA). The proposed small-scale amendment / rezoning application is being reviewed concurrently with an accompanying request for annexation (ANEX 04-004). The subject property's current land use classification is CHIS Commercial High Intensity (Palm Beach County). The Palm Beach County Future Land Use Atlas contains 42 different "commercial" land use classifications. By contrast, the City of Boynton Beach Future land Use Map contains only three (3) different "commercial" categories of land use classifications. The applicant is requesting to annex into the City to utilize the Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3) zoning district. The proposed land use classification (LRC) is the city's equivalent to the County's CH/5 land use classification, in terms of the allowable uses and respective intensities. Therefore, the requested land use amendment / rezoning application would be consistent with Chapter 2, Section 9.C.2(2) of the Land Development Regulations. Since this is the case, the request is relatively straightforward and would not require an evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2, Section 9.C.7 of the land Development Regulations. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. The only policy in the Comprehensive Plan that would be pertinent to this request for annexation / land use amendment 1 rezoning would be Policy 8.10.4, which states the following: The City shall coordinate with Palm Beach County regarding the prevention of enclaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, corporate limits, prior to annexation of any parcels into the City. Basically, this Policy requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres through an inter-local agreement with the County without the consent of the property owners. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy within the Comprehensive Plan regarding annexation. ect property lies within Planning Area # 1 - Coastal Area, as defined by Section VIII Problems and Opportunities of the 1989 Comprehensive Plan. Sub-section l.q. of '"ea #1 states the following: 'fig land uses along the u.s. 1 frontage are predominately retail; consequently a Retail Commercial (LRC) land use designation and Community Commercial (C-3) category are appropriate, both for lots, which are presently in the City, and "hich will be annexed. Page 4 Edward Medical Office Builidng File Numbers: ANEX 04-004 and lUAR 04-008 The requested land use and zoning is consistent with the recommendations of Section VIII land Use Problems and Opportunities, sub-section 1.q., found in the support documents for the 1989 City Of Boynton Beach Comprehensive Plan for properties to be annexed within this vicinity. In connection with previous annexation studies, city departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1. The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2. Ample service capacity exists to serve adjacent unincorporated properties; and 3. Most enclaves currently receive service from the city via the mutual aid agreement (Police and Rre I EMS only); With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. The Police and Rre Departments report that this project has been reviewed for potential service impacts and availability, and based on the planned office use, it has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. However, with respect to potable water and wastewater utilities, the review of the proposed site plan (which is being reviewed concurrently with this petition) identified the absence of potable water lines directly accessible to the subject property. As part of site plan approval, the water line shall be extended in order to access to city utilities. The review of the site plan application has been delayed to allow for project engineers to evaluate and address this situation. The project would tie in to an existing four (4)-inch sanitary sewer line. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "B" - Conditions of Approval. ATTACHMENTS S:IPJanninclSHARED\ WPlPROJECTS\Bdward MecIicaJ OIliccILUAR O4-OO8\StaIfhport.doc EDWARD MEDICAL OFFICE LOCATION MAP EXHIBIT A HDR LRC SHDR CHIS LRC CHIS ) LEGEND ~..' Q 20 .. .. t20 ...... City Boundary Land us..: s LRC . Local Retail Commercial HDR . High Density Residential SHDR . Special High Density Residential MR-5 . Medium Residential (county) CHIS . Commercial High, w/underlylng MR-5 (county) .--~-~-.;.,---- -~<-_.,.- _", ,~_~~....._"",O~_~ _J_~'>' >-,>...~ _~_~_"_~~-__~~~___> ~--"'"---<--=->~.~#- ~-.- . . VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final FOnTI Must be Turned Requested City Commission Date Fina] FOnTI Must be Turned Meeting. Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon,) Ju]y 19, 2004 o October 5, 2004 (Noon) September 20,2004 o August 17, 2004 (Noon) August 2, 2004 o October ]9,2004 (Noon) October 4, 2004 o September 7,2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October ]8,2004 (""') o November 16,2004 0 0-1 [8J September 21 , 2004 (Noon) September 7, 2004 (Noon) November I, 2004 ~- =t-< (/) -<0 rr1 n" ïJ - r-œ 0 Adnúnistrative 0 Development Plans c:n [TJo AJ ___ - " 0 Consent Agenda 0 New Business -': z:: NATURE OF ):a :/)-1 -~7 0 - AGENDA ITEM [8J Public Hearing [8J Legal Oz .e- m .. -r¡tD 0 Bids 0 UnfInished Business U1 -(T 0þ 0 0 N îfl("') Announcement Presentation :I: 0 City Manager's Report RECOMMENDATION: Please place tlús request on the September 21,2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-219. EXPLANATION: PROJECT: Gulfstream Gardens (ANEX 04-003) AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. OWNER: Multiple Ownership LOCATION: West side of Federal Highway, approximately 1 14 mile north of Gulfstream Boulevard DESCRIPTION: Request for annexation of9.99 acres of partially developed parcels located in unincorporated Palm Beach County. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~s¡~rore ALTERNATIVES: N/A Devel Å;)~ City Attorney 1 Finance 1 Human Resources Planning an Zoning Dlfector S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\ANEX 04-003\Agenda Item Request Gulfstrearn ANEX 04-003 9-21-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENTDEPAR~ENT PLANNING. ZONING DMSION MEMORANDUM NO. PZ 04-219 TO: Chairman and Members Community Redevelopment Agency Board Mayor and rlOn FROM: Dick Hudso, CP Senior Planner '^~ THROUGH: Michael W. RumPf~ Director of Planning and Zoning DATE: September 1, 2004 PROJEcr NAME/NUMBER: Gulfstream Gardens (ANEX 04-003-LUAR 04-004) REQUESTS: · Annex a 4.8-acre portion of the property consisting of 9.99 acres; · Amend the Mure land use designation from CH/5 (Palm Beach County), General Commercial and Local Retail Commercial (aty of Boynton Beach) to Special High Density Residential; and · Rezone the property from CG Commercial General (Palm Beach County), C-4 General Commercial and C-3 Community Commercial (aty of Boynton Beach) to PUD Planned Unit Development. PROJECT DESCRIPTION Property Owners: Multiple owners, including: Broward Pump and Supply Gulfstream Gardens, LLC Peters Development & Management, Inc. Bentley CKS, Inc. Arthur E. Parsons, Jr. & Arthur E. Parsons, m Applicant; Agent: Gulfstream Gardens, LLqBradley Miller, Miller Land Planning Consultants, Inc. Location: West side of Federal Highway, approximately V4 mile north of Gulfstream Boulevard (Exhibit "A") Parcel Size: 9.99 acres Existing Land Use: Commercial High/S (Palm Beach County); General Commercial and Local Retail Commercial (Boynton Beach) ¿--- . _ __. r"-.._____.......,_~'.. .___ ~,.__, ~-. ----.~< -> ---~----=,~=~~--~ -- ~ -- _. _._-".............'""-~---=-.-~~-.......,,-,~,._~-=--,- ~ ~- ¿ Page 2 File Number: LUAR 04-004 Gulfstream Gardens Existing Zoning: CG Commercial General (Palm Beach County); C-4 General Commercial and C-3 Community Commercial (Boynton Beach) Proposed Land Use: Special High Density Residential (SHDR) Proposed Zoning~ PUD Planned Unit Development Proposed Use: Multi-family Residential Community Adjacent Uses: North : Developed commercial (Service Electric) in unincorporated Palm Beach County designated CHIS (Commercial High Intensity with an underlying S units per acre residential) and zoned CG- Commercial General South: Developed commercial (self-storage) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial East: Right-of-way of Federal Highway, then developed commercial and vacant land in unincorporated Palm Beach County designated CHIS and zoned CG West: Rights-of-way of Old Dixie Highway and FEC Railroad, then vacant land (Sea crest Scrub) designated Conservation (CON) and zoned REC Recreation EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. lhe requested annexation and land use amendment is consistent with the Comprehensive Plan, and In particular with policies that support annexation of endaves and reduction of land for commercial usei 2. lhe requested land use amendment and rezoning will allow the development of a project that will benefit the city, both fiscally and estheticallYi 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the aty, and: 4. There is a long-standing lack of demand for retail commercial land In the vicinity and a high proven demand for residential land use In the Federal Highway corridor. Page 3 Rle Number: LUAR 04-004 Gulfsb"eam Gardens BACKGROUND When the Comprehensive Plan was adopted In 1989, the City Included policies dealing with the future annexation of properties adjacent to its boundaries. One of the Otýs policies Is to reduce existing enclaves through voluntary annexation. Palm Beach County has been generally supportive of this policy, since providing services to these enclaves is difficult for the County, and in fact, they rely on the City, through Interlocal agreements, to provide emergency services. It was envisioned that the properties along the Federal Highway Corridor south of the intersection of Old Dixie Highway, including the subject parcels, would eventually be annexed into the Oty and form a retail-orlented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and in effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the Otýs Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corndor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Oub) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetics of the corridor, as well as the Otýs tax base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersections along Federal Highway-Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. MASTER PLAN ANALYSIS Under its present land use the property could be developed for the range of commercial uses permitted within the existing Local Retail Commercial designation. This land use designation also allows rezoning to the PUD zoning district at a density of 10.8 dwelling units per aae for a total of 107 units. The developer Is requesting a change of land use to the Special High Density Residential classification to develop 199 condominium units and accessory amenities. Generally, when a PUD is to be developed In a single phase, a Site Plan approval application Is submitted concurrent with the rezoning application, which can fulfill the requirements for both a site plan and master plan. In this instance, the developer has chosen to submit a Master Plan. Master Plans give general Information about a proposed development through graphics and tabular data, but are not so specific as to describe exact placement of buildings, architectural design or proposed colors, and parking and landscaping details. These details are required elements of a site plan application, which will be subsequently filed for this project. The principal elements of a master plan consist of density, unit types, setbacks, access and circulation and infrastructure sources and needs. -- ~---~-->->-""'--".'- -~"._--.~~--,---~--,--~~-..: - --- >-. ~--~-"~. 11. ---,........----'--. - --- ......----..-. ~._- < - --~~~~.. <~-- - .-~-~~".,~---. Page 4 File Number: LUAR 04-004 Gulfstream Gardens Staff has determined that the layout of the buildings, the proposed recreation amenities, the internal årculation and the allocation of parking are in a configuration that creates a pedestrian- friendly development that provide the feel of a neighborhood. Major access to the development is from Federal Highway, with secondary access provided from Old Dixie Highway. Federal Highway medians restrict access to the property to a right-in/right out entrance. The two buildings fronting on Federal Highway, one a three-story 6 unit building and the other a two-story 11 unit building, have a minimum of 25 feet of setback/buffer from the property line. Buildings have 10 feet of setback/buffer from side and rear property lines. Garage buildings on the north and south property lines show setback/buffers of 2.5 feet. Buildings types are two and three stories and provide for a mix of fee simple townhomes and residential condominium units. Buildings on the sides and rear of the property are two-story. One two-story building and one three-story building front on Federal Highway, Maximum height of any building is shown at 45 feet. Parking spaces are provided either as first-floor garages, in detached garage spaces or uncovered surface spaces. Tabular data shows that 398 spaces are required and 417 are to be provided. Proposed recreation amenities include two swimming pools, one adjacent to a clubhouse and one adjacent to a cabaña. A third, passive recreation area, is a landscaped courtyard with a central water feature. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment,. total 9.99 acres. Because of the size of the property under consideration, the Rorida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Rorida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. where the proposed zoning Is consistent with zoning or land use recommendations contained In the Comprehensive Plan. Usually In those instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the dty's annexation program and service capability. In this instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. a. Whether the proposed rezoning would be consIstent with applicable comprehensive plan polides indudlng but not limited to, a prohibition against any increase In dwelling unit density exceeding 50 In the hunicane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. Tñe planning department shall also recommend limitations or Page 5 Rle Number: LUAR 04-004 Gulfstream Gardens requirements, which would have to be imposed on subsequent development of the property, in order to comply with polides contaIned in the comprehensive plan. The subject property is located on the west side of Federal Highway and therefore is not in the hurricane evacuation zone; however, it is staff's recommendation that the developer provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelter locations through the homeowners' or residents' association that will be established. Over the past several years, the Oty has seen a shift from the perpetuation of small commeràal uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment In the coastal area. Land use amendments and rezonings, which change designations from commercial uses to residential uses, are particularly consistent with two policies In the Comprehensive Plan: "Policy 1.17.1 The City shall continue to discourage additional commercial and industrial uses beyond those which are culTently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least"; and "Policy 1.19.7 The City shall continue to change the land use and zoning to pel771it only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area. " The subject property is located in Planning Area V (Entrances to the City) in the Federal Hiohwav Conidor Community RedeveloDment Plan. which was adopted by the Oty on May 16, 2001. The plan's recommendations for this planning area indude the following: "Encourage a variety of housing. Develop Intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards In the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival In the Oty." (p. 81) In concert with the recommendations cited, the residential density of the proposed development, and elimination of "strip" commercial areas in this vlánity will help support the downtown commercial core, as well as recognized commerdal nodes in the corridor. In addition, it is proposed at a scale and massing that will provide a transition Into the downtown area, where development standards allow greater densities and more intense massing of buildings. ,---~----""'- --. ~.~ > .___'...~.""___~~._:,___ _"__~_+ ~ ___ _._.~_,>_ ~.·<___~.""r~_'~"-"_~~..<>-~-__ - -. . . _n ~-^_"""'V_.,~"...."____,, ,~,_____J; Page 6 Ale Number: LUAR 04-004 Gulfstream Gardens b. Whether the proposed rezoning would be contrary to the established land use pattem, or would create an isolated distrid unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The changing development pattern in the Federal Highway corridor has seen an increase in the number of residential developments with densities greater than 10.8 du/ac. This type of development furthers the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 dulac with densities ranging from 21 dulac (Colonial Club) to 32.2 du/ac (Seagate). The shift in the development pattern has served to replace marginal and sub-standard commercial uses with residential projects that have been an enhancement to the esthetics of the corridor, as well as the aty's tax base, supporting existing commercial nodes and the downtown core. Additionally, the requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. c. Whether changed or changing conditions make the proposed rezoning desirable. The request for conversion of parcels designated for commercial uses to Special High Density Residential for condominium and townhouse development has become more prevalent In the Federal Highway corridor in the last four years. Often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. This changing condition serves to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. According to the applicant, the City of Boynton Beach already provides water and sewer service to the property; however, the demands for these services would greatly increase with the change in use. Estimates supplied by the applicant show that the full development potential demand for water and sewer under the present designation would be calculated at 0.125 gallons per day per square foot. With a development potential of 152,307 square feet of commercial development, the demand would be 19,038 gallons per day for each water and sewer. (The estimate for potential square footage developable on the site is less than the maximum possible, since the applicant used 0.35 Roor Area Ratio (FAR), when in actuality, the maximum FAR is 0.50.) Developed with 199 residential units, each unit housing 2.39 persons, the demand for water would increase to 86,561 gallons per day (based on 182 gallons per capita per day) and 49,939 gallons per day sewer capacity (based on 105 gallons per capita per day.) These estimates do not consider the demands from residents of the mobile home park, currently located on the property. In estimating potential traffic generation under the commercial designation, the applicant used 0.35 FAR, and projects a maximum daily traffic generation of 5,211 bips, compared to 1,393 maximum bips per day, If developed with 199 dwelling units. Under the Palm Beach County Traffic Performance Standards Ordinance, residential projects located east of 1-95 are exempt from meeting Level of Service Standards of the Ordinance. Page 7 File Number: LUAR 04-004 Gulfstream Gardens Public School Concurrency Determination is not required as a part of the Land Use Amendment process, but is required in conjunction with a rezoning/site plan application. The School District has estimated that the project will generate 16 elementary school students, 12 middle school students, and 8 high school students. All impacted schools in Concurrency Service Area 19, where the project is located, are operating below maximum capacity, therefore, concurrency is not an issue. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Lastly, drainage will be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. While the properties both north and south of the subject property are commercially zoned, the uses (self-storage to the south and a retail lighting store to the north) are of relatively low Intensity and neither the existing commercial uses nor the proposed residential use will have a detrimental effect on the other. f. Whether the property is physically and economically developable under the existing zoning. Portions of the property are currently vacant and portions are developed with small commercial uses, a church and a mobile home park. Most probably the entire property could be redeveloped; however, with annexation of almost half of the property into the City, the Palm Beach County zoning must be changed to a my of Boynton Beach zoning district. The C-3 Community Commercial district would most nearly correspond with Palm Beach County's Commercial General zoning district, and the portion of the property fronting on Federal Highway could be developed under C-3 Community Commercial zoning. The remaining portion of the property fronting on Old Dixie Highway could also be redeveloped under C-4 General Commercial zoning. It is unlikely, however, that a commercial tract of almost 10 acres would be physically or economically viable. g. Whether the proposed rezoning is of a scale whIch Is reasonably related to the needs of the neighborhood and the dty as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment In a highly visible entrance corridor to the Cty and will also support the current trend toward greater residential uses In this area, economic revitalization, and downtown redevelopment. ____,._____-__.-~___o...- ,___-_..-~~_~__,___~.._~-_~___"""" ....-..-,-.,. __ _~__..._ .__...,-",_",,~_.,," -<0 _ .._,_~____.~.+-_ - -<-<-~. - ~-'~-- . Page 8 File Number: lUAR 04-004 Gulfstream Gardens h. Whether there are adequate sites elsewhere in the dty for the proposed use, in districts where such use is already allowed. In accordance with the definition of the Special High Density Residential land use designation In Policy 1.16.1 of the Future land Use Element, residential densities of 20 du/ac are permitted In the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere In the dty where residential development could occur at a density of 10.8 du/ac¡ however, those sites do not offer the opportunity for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. CONCLUSIONS/RECOMMENDA110NS 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 antidpated In the Comprehensive Plan¡ will be compatible with adjacent land uses and will contribute to the overall economic development of the Oty. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Area Board or required by the Oty Commission, they will be Induded as exhibit "B". AlTACHMENTS S:\f'IannIng\SHARED\WP\PROJECTS\Gulr$beam Gardens\UJAR O4-OO4\S1"AFF REPORT NEW.doc GULFSTREAM GARDENS LOCATION MAP ~ Z III >< ... Q Q .., 0 Z H LEGEND ..' ~/M Annexation Area Amendment Area s o 35 70 140 210 28~ -- eet LRC - Local Retail Commercial GC - General Commercial ---~-'~ ~_. ._,___~__~._, _---'.~_ _< _,~-_"'_ c_ "" <_._ .__ ~__'_~~"'Y' .-. < -.- ~~~~'_~'''''-=--'''''''~''''O>_ _I> -. . VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM D. 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 c=J August 3, 2004 (Noon.) July 19, 2004 c=J October 5, 2004 (Noon) September 20, 2004 c=J August 17, 2004 (Noon) August 2, 2004 c=J October19,2004 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August 16,2004 c=J November 3, 2004 (Noon) October 18, 2004 0 [8J September 2 I , 2004 c=J November 16, 2004 0 o:::¡ (Noon) September 7, 2004 (Noon) November I, 200....- =i-< en --<0 rr1 -0 ,-'"") -" - ,-co c=J Administrative c=J Development Plans CT\ '-::0 ;:::!.-< NATURE OF c=J Consent Agenda c=J New Business ~ ·-~z L')--t AGENDA ITEM [8J c=J :r 0 Public Hearing Legal ':::J- .r:- ...,..... c=J c=J .. -.,co Bids Unfmished Business U1 -/T1 f'..) 0> c=J Announcement c=J Presentation r.10 :r c=J City Manager's Report RECOMMENDATION: Please place this request on the September 21, 2004 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-213. EXPLANATION: PROJECT: Edward Medical Office (LUAR 04-008) AGENT: Hany Edward OWNER: Hany Edward LOCATION: 3908 North Federal Highway DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Commercial High Intensity (CH-5) (Palm Beach County) to Local Retail Commercial (LRC); and Request to rezone from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3). Proposed use: 11,957 square foot medical building. PROGRAM IMPACT: FISCAL IMPACT: ~~ AL TERNA TIVES: Developm epa ent Director Ity anager sIgnature hL) ~ 4- Planning and Zo~g Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Edward Medical Office\LUAR 04-oo8\Agenda Item Request Edward Med. Office LUAR 04-008 9-21-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING It ZONING DMSION MEMORANDUM NO. PZ 04-213 TO: Chair and Members Community Redevelopment Agency Board and City Commission FROM: Eric Lee Johnson, AICP (f Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 31, 2004 PROJECT NAME/NUMBER~ Edward Medical Office Building LUAR 04-008 and ANEX 04-004 PROJECT DESCRIPTION Property Owner: Mr. Hany Edward Applicant! Agent: Mr. Hany Edward Location: West side of South Federal Highway, approximately 350 feet south of the intersection of Old Dixie Highway and South Federal Highway (Exhibit "A" - Location Map) Existing Land Use: CH/5 Commercial High Intensity (Palm Beach County) Existing Zoning: CG General Commercial (Palm Beach County) Proposed Land Use: Local Retail Commercial (LRC) Proposed Zoning: Community Commercial (C-3) Proposed Use: To annex the 0.72-acre parcel, to reclassify its land use to Local Retail Commercial (LRC), and rezone to Community Commercial (C-3) in order to construct an 11,957 square foot medical office building. Adjacent Uses: North : Developed commercial property with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3); __·c.":"--· ~________..._~ __ _ ~______________.'_O____~ _.___.___>."< ~_._._ _~",_~,~_____~-_-"""'f¡.-_'._-<;'¿_ - -- _..,.~.~.. -~~~~. Page 2 Edward Medical Office Builidng File Numbers: ANEX 04-004 and LUAR 04-008 South: Developed commercial property classified as Palm Beach County Commercial High I Medium Residential MR-S (CH I 5) land use and zoned Palm Beach County General Commercial (CG); East: Right-of-way for South Federal Highway, then farther east is undeveloped residential property (future Waterside residential development by Southern Homes, Inc.) with a Special High Density Residential (SHDR) land use classification, zoned Infill Planned Unit Development (IPUD); West: Developed residential property classified as Palm Beach County Medium Residential (5 units per acre - RM/5) land use and zoned Palm Beach County Residential Multi-family (RM). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation I land use amendment / rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the City's annexation program, which emphasizes the annexation of enclaves, and relevant policies in the Comprehensive Plan; 2. The requested land use and zoning are consistent with respective current designations in unincorporated Palm Beach County; 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the City. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject annexation / land use amendment I rezoning were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted sign age and mailed notices in accordance with Ordinance No. 04-007. PROJECT ANALYSIS A land use amendment can be defined as a change to the City's Comprehensive Plan that seeks to modify the text of the adopted goals, objectives, and I or policies contained within the Plan. Also, an amendment can be described as a change to the Future Land Use Map. Amendments to the Comprehensive Plan are divided into two (2) separate processes, namely large-scale and small-scale text amendments. The process by which to review a petition is determined by the size of the parcel with lO-acres being the threshold. The subject property is 0.72 acre, which is smaller than the lO-acre threshold and therefore eligible for the small-scale amendment process. Small-scale text and Map amendments do not require the Rorida Department of Community Affairs (DCA) to review for compliance with state and regional plans prior to its adoption by the City. This means that the proposed amendment, if desired by the city, would Page 3 Edward Medical Office Builidng File Numbers: ANEX 04-004 and LUAR 04-008 be adopted first, and then subsequently forwarded to the DCA for their records ("large-scale" amendments are not adopted until following consistency review by the DCA). The proposed small-scale amendment / rezoning application is being reviewed concurrently with an accompanying request for annexation (ANEX 04-004). The subject property's current land use classification is CH/5 Commercial High Intensity (Palm Beach County). The Palm Beach County Future Land Use Atlas contains 42 different "commercial" land use classifications. By contrast, the City of Boynton Beach Future Land Use Map contains only three (3) different "commercial" categories of land use classifications. The applicant is requesting to annex into the Oty to utilize the Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3) zoning district. The proposed land use classification (LRC) is the city's equivalent to the County's CH/5 land use classification, in terms of the allowable uses and respective intensities. Therefore, the requested land use amendment I rezoning application would be consistent with Chapter 2, Section 9.C.2(2) of the Land Development Regulations. Since this is the case, the request is relatively straightforward and would not require an evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2, Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. The only policy in the Comprehensive Plan that would be pertinent to this request for annexation / land use amendment / rezoning would be Policy 8.10.4, which states the following: The City shall coordinate with Palm Beach County regarding the prevention of enclaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, corporate limits, prior to annexation of any parcels into the City. Basically, this Policy requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres through an inter-local agreement with the County without the consent of the property owners. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy within the Comprehensive Plan regarding annexation. The subject property lies within Planning Area #1 - Coastal Area, as defined by Section VIII Land Use Problems and Opportunities of the 1989 Comprehensive Plan. Sub-section l.q. of Planning Area #1 states the following: Existing land uses along the U.S. 1 frontage are predominately retail; consequently a Local Retail Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are appropriate, both for lots, which are presently in the City, and those, which will be annexed. ... _ ~ __A__' ,-- . _,~,______~~__".,__o_~_~__.___~_~.____,~.______"._"'""-_ _ __ ._0__ ___ ~~.._O__....._...^'.__L ~-....-#-~ ._--.""'#<-- Page 4 Edward Medical Office Builidng File Numbers: ANEX 04-004 and LUAR 04-008 The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, sub-section l.q., found in the support documents for the 1989 City Of Boynton Beach Comprehensive Plan for properties to be annexed within this vicinity. In connection with previous annexation studies, city departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1. The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2. Ample service capacity exists to serve adjacent unincorporated properties; and 3. Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire / EMS only); With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. The Police and Fire Departments report that this project has been reviewed for potential service impacts and availability, and based on the planned office use, it has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. However, with respect to potable water and wastewater utilities, the review of the proposed site plan (which is being reviewed concurrently with this petition) identified the absence of potable water lines directly accessible to the subject property. As part of site plan approval, the water line shall be extended in order to access to city utilities. The review of the site plan application has been delayed to allow for project engineers to evaluate and address this situation. The project would tie in to an existing four (4)-inch sanitary sewer line. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "Bf! - Conditions of Approval. ATTACHMENTS S:lP1atminslSHA1U!D\WP'IPROJECTS\BdwanI Medic;a OfticcILUAR O4-OO8\StaIfltcport.doc EDWARD MEDICAL OFFICE LOCATION MAP EXHIBIT A HDR LRC SHDR CHIS LRC CHIS f LEGEND ~..' . 2D ... .. 120 ...... City Boundary Land us..: s LRC . Local Retail Commercial HDR . High Density Residential SHDR . Special High Density Residential MR-5 . Medium Residential (county) CHIS . Commercial High, w/underlylng MR-5 (county) .--~ .. ~~"'-- ,,--_.._",,_._~--_.-,.~> . . "-.."-. ,,~»'-'" ., __"'_~_^"_-c.__,,_.~_·F.___~ .'___ ·-t' VIII.-PUBLIC HEARING ITEM E.. 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 c=J August 3, 2004 (Noon.) July 19,2004 c=J October 5, 2004 (Noon)Sep~ber20,2004 c=J August 17, 2004 (Noon) August 2, 2004 c=J October 19, 2004 (Noon) October 4, 2004 c=J September7,2004 (Noon) August 16,2004 c=J November 3, 2004 (Noon)CKtoberI8,2004 n a n-f [g September 21,2004 (Noon) September 7, 2004 c=J November 16, 2004 (Noon) November I, 2004..!=- -f-< (/) -<0 rrl D" c=J Administrative 0 Development Plans -0 ¡- c::J - ["10 NATURE OF c=J Consent Agenda c=J New Business ~ ;:::J-< Ãz AGENDA ITEM [g Public Hearing [g Legal ;r.:.. u>-I ::¡;: C> c=J 0 C) :z: Bids Unfinished Business J..- --" .. --r¡c::J c=J 0 Ul -rr1 Announcement Presentation Ç)þ f'.J í'1o c=J City Manager's Report .:t: RECOMMENDATION: Please place this request on the September 21,2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-219. EXPLANATION: PROJECT: Gulfstream Gardens (LUAR 04-004) AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. OWNER: Multiple Ownership LOCATION: West side of Federal Highway, approximately 114 mile north of Gulfstream Boulevard DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use map from Commercial High/5 (Palm Beach County), General Commercial and Local Retail Commercial (Boynton Beach) to Special High Density Residential; and Request to rezone 1Ì"om Commercial General (CG) (palm Beach County), C-4 General Commercial and C-3 Community Commercial (Boynton Beach) to Planned Unit Development (PUD). Proposed use: Multi-family residential development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Devel entD artment Irector .~¿) U ~ Planning and Zo~ Director City Attorney 1 Finance 1 Human Resources S:\PlanningISHARED\ WP\PROJECTS\Gulfstream Gardens\LUAR O4-004\Agenda Item Request Gulfstream LUAR 04-004 9-21-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENTDEPAR~ENT PLANNING It ZONING DMSION MEMORANDUM NO. PZ 04-219 TO: Chairman and Members Community Redevelopment Agency Board Mayor and rion FROM: Dick Hudso, CP Senior Planner ~ THROUGH: . ~ Michael W. Rumpf Director of Planning and Zoning DATE: September 1, 2004 PROJECT NAME/NUMBER: Gulfstream Gardens (ANEX 04-003-LUAR 04-004) REQUESTS: · Annex a 4.8-acre portion of the property consisting of 9.99 acres; · Amend the future land use designation from CH/5 (Palm Beach County), General Commercial and Local Retail Commercial (aty of Boynton Beach) to Speåal High Density Residential; and · Rezone the property from CG Commercial General (Palm Beach County), C-4 General Commercial and C-3 Community Commercial (City of Boynton Beach) to PUD Planned Unit Development. PROJECT DESCRIPTION Property Owners: Multiple owners, induding: Broward Pump and Supply Gulfstream Gardens, LLC Peters Development & Management, Inc. Bentley CKS, Inc. Arthur E. Parsons, Jr. & Arthur E. Parsons, ill Applicant! Agent: Gulfstream Gardens, LLqBradley Miller, Miller Land Planning Consultants, Inc. Location: West side of Federal Highway, approximately V4 mile north of Gulfstream Boulevard (Exhibit "A") Parcel Size: 9.99 acres Existing Land Use: Commercial High/5 (Palm Beach County); General Commercial and Local Retail Commercial (Boynton Beach) -,-,-..........~"------- _...._..0_...__._ . ._<_._.c__io..o,.;,-'--___~_~_·,__~~ __~.._~> .______~_ _.~"__".~~~ .,..- ~ . ~_ .""",_.-._~__~ ,~___.__,_o_. ,.-<___ Page 2 Ale Number: LUAR 04-004 Gulfstream Gardens Existing Zoning: CG Commercial General (Palm Beach County); C-4 General Commercial and C-3 Community Commercial (Boynton Beach) Proposed Land Use: Special High Density Residential (SHDR) Proposed Zoning: PUD Planned Unit Development Proposed Use: Multi-family Residential Community Adjacent Uses: North: Developed commercial (Service Elecbic) In unincorporated Palm Beach County designated CHIS (Commercial High Intensity with an underlying S -units per acre residential) and zoned CG- Commercial General South: Developed commercial (self-storage) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial East: Right-of-way of Federal Highway, then developed commercial and vacant land in unincorporated Palm Beach County designated CHIS and zoned CG West: Rights-of-way of Old Dixie Highway and FEC Railroad, then vacant land (Seacrest Scrub) designated Conservation (CON) and zoned REC Recreation EXECunYE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested annexation and land use amendment is consistent with the Comprehensive Plan, and In particular with policies that support annexation of endaves and reduction of land for commercial use; 2. The requested land use amendment and rezoning will allow the development of a project that will benefit the city, both fiscally and esthetically; 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the Oty, and; 4. There is a long-standing lack of demand for retail commercial land in the vlcfnity and a high proven demand for residential land use in the Federal HIghway corridor. Page 3 Ale Number: LUAR 04-004 Gulfstream Gardens BACKGROUND When the Comprehensive Plan was adopted in 1989, the Oty included policies dealing with the future annexation of properties adjacent to its boundaries. One of the Oty's policies Is to reduce existing enclaves through voluntary annexation. Palm Beach County has been generally supportive of this policy, since providing services to these enclaves is difficult for the County, and In fact, they rely on the Oty, through Interlocal agreements, to provide emergency services. It was envisioned that the properties along the Federal Highway Corridor south of the intersection of Old Dixie Highway, including the subject parcels, would eventually be annexed into the City and form a retall-oriented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and in effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Over the past several years, the Oty has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the Oty's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial aub) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetics of the corridor, as well as the Oty's tax base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersections along Federal Highway-Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. MASTER PLAN ANALYSIS Under its present land use the property could be developed for the range of commercial uses permitted within the existing Local Retail Commercial designation. This land use designation also allows rezoning to the PUD zoning disbict at a density of 10.8 dwelling units per acre for a total of 107 units. The developer Is requesting a change of land use to the Speåal High Density Residential classification to develop 199 condominium units and accessory amenities. Generally, when a PUD is to be developed In a single phase, a Site Plan approval application is submitted concurrent with the rezoning application, which can fulfill the requirements for both a site plan and master plan. In this instance, the developer has chosen to submit a Master Plan. Master Plans give general Information about a proposed development through graphics and tabular data, but are not so speåfic as to describe exact placement of buildings, architectural design or proposed colors, and parking and landscaping details. These details are required elements of a site plan application, which will be subsequently filed for this project. The principal elements of a master plan consist of density, unit types, setbacks, access and circulation and infrastructure sources and needs. .,_ _____,_,"_~_...._r .~.'- - - ---."-~- <- -"-- ~--- .;<~, ><. <-",.<>-.--,"" ~~__~~_~_~,___-__ ___'_~'_f* -~.. ...... "---- Page 4 Rle Number: LUAR 04-004 Gulfstream Gardens Staff has determined that the layout of the buildings, the proposed recreation amenities, the internal circulation and the allocation of parking are In a configuration that creates a pedestJian- friendly development that provide the feel of a neighborhood. Major access to the development is from Federal Highway, with secondary access provided from Old Dixie Highway. Federal Highway medians restrict access to the property to a right-In/right out entrance. The two buildings fronting on Federal Highway, one a three-story 6 unit building and the other a two-story 11 unit building, have a minimum of 25 feet of setback/buffer from the property line. Buildings have 10 feet of setback/buffer from side and rear property lines. Garage buildings on the north and south property lines show setback/buffers of 2.5 feet. Buildings types are two and three stories and provide for a mix of fee simple town homes and residential condominium units. Buildings on the sides and rear of the property are two-story. One two-story building and one three-story building front on Federal Highway, Maximum height of any building is shown at 45 feet. Parking spaces are provided either as first-floor garages, in detached garage spaces or uncovered surface spaces. Tabular data shows that 398 spaces are required and 417 are to be provided. Proposed recreation amenities Indude two swimming pools, one adjacent to a dubhouse and one adjacent to a cabaña. A third, passive recreation area, is a landscaped courtyard with a central water feature. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 9.99 acres. Because of the size of the property under consideration, the Rorida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Rorida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonlngs are listed in the Land Development Regulations, Chapter 2, Section 9, AdmInistration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated In Section 9.C.7. where the proposed zoning Is consistent with zoning or land use recommendations contained In the Comprehensive Plan. Usually In those instances, staff analysis relates only to conslstenc.y with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. a. Whether the proposed rezoning would be consIstent with applicable comprehensive plan polides induding but not limited to, a prohibition against any Increase In dwelling unit density exceeding 50 In the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the Oty's lisk manager. tñe plannIng department shall also recommend limitations or Page 5 File Number: LUAR 04-004 Gulfstream Gardens requirements, which would have to be imposed on subsequent development of the property, in order to comply with polides contained in the comprehensive plan. The subject property is located on the west side of Federal Highway and therefore is not In the hurricane evacuation zone; however, it Is staff's recommendation that the developer provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelter locations through the homeowners' or residents' association that will be established. Over the past several years, the Oty has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density deveiopment was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, Intended to support redevelopment in the coastal area. Land use amendments and rezonlngs, which change designations from commercial uses to residential uses, are particularly consistent with two policies in the Comprehensive Plan: ''Policy 1.17.1 The Gty shall continue to discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least"; and ''Policy 1.19.7 The Gty shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area. " The subject property is located in Planning Area V (Entrances to the City) in the Federal Highwav Corridor Communitv Redevelopment Plan. which was adopted by the Oty on May 16, 2001. The plan's recommendations for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the Oty." (p. 81) In concert with the recommendations cited, the residential density of the proposed development, and elimination of "sbip" commercial areas in this vicinity will help support the downtown commercial core, as well as recognized commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will provide a transition Into the downtown area, where development standards allow greater densities and more Intense massing of buildings. .... .... -'1 _." ~.~--- . _ ~__.__,..-.-......",._______--.-__ __~. -. > ''-_'__'r-__~__~.~_--~ ___ -- < _".~"_~""-__"'¡'-"'_"'''-L~'''''""''''__~~-~ Page 6 File Number: LUAR 04-004 Gulfstream Gardens b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would consütute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The changing development pattern in the Federal Highway corridor has seen an increase In the number of residential developments with densities greater than 10.8 du/ac. This type of development furthers the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Oub) to 32.2 du/ac (Seagate). The shift in the development pattern has served to replace marginal and sub-standard commerdal uses with residential projects that have been an enhancement to the esthetics of the corridor, as well as the Cty's tax base, supporting existing commercial nodes and the downtown core. Additionally, the requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. c. Whether changed or changing conditions make the proposed rezoning desirable. The request for conversion of parcels designated for commerdal uses to Spedal High Density Residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. Often the conversion serves to remove marginal, and sometimes undesirable, commerdal uses. This changing condition serves to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. According to the applicant, the City of Boynton Beach already provides water and sewer service to the property; however, the demands for these services would greatly increase with the change in use. Estimates supplied by the applicant show that the full development potential demand for water and sewer under the present designation would be calculated at 0.125 gallons per day per square foot. With a development potential of 152,307 square feet of commerdal development, the demand would be 19,038 gallons per day for each water and sewer. (The estimate for potential square footage developable on the site Is less than the maximum possible, since the applicant used 0.35 Roor Area Ratio (FAR), when In actuality, the maximum FAR is 0.50.) Developed with 199 residential units, each unit housing 2.39 persons, the demand for water would increase to 86,561 gallons per day (based on 182 gallons per capita per day) and 49,939 gallons per day sewer capadty (based on 105 gallons per capita per day.) These estimates do not consider the demands from residents of the mobile home park, currently located on the property. In estimating potential traffic generation under the commercial designation, the applicant used 0.35 FAR, and projects a maximum daily traffic generation of 5,211 bips, compared to 1,393 maximum bips per day, if developed with 199 dwelling units. Under the Palm Beach County Traffic Performance Standards Ordinance, residential projects located east of 1-95 are exempt from meeting Level of Service Standards of the Ordinance. Page 7 Ale Number: LUAR 04-004 Gulfstream Gardens Public School Concurrency Determination is not required as a part of the Land Use Amendment process, but is required in conjunction with a rezoning/site plan application. The School District has estimated that the project will generate 16 elementary school students, 12 middle school students, and 8 high school students. All impacted schools In Concurrency Service Area 19, where the project is located, are operating below maximum capacity, therefore, concurrency is not an issue. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Lastly, drainage will be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and ñJture use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. While the properties both north and south of the subject property are commercially zoned, the uses (self-storage to the south and a retail lighting store to the north) are of relatively low intensity and neither the existing commercial uses nor the proposed residential use will have a detrimental effect on the other. f. Whether the property is physically and economically developable under the existing zoning. Portions of the property are currently vacant and portions are developed with small commercial uses, a church and a mobile home park. Most probably the entire property could be redeveloped; however, with annexation of almost half of the property into the City, the Palm Beach County zoning must be changed to a Oty of Boynton Beach zoning district. The C-3 Community Commercial district would most nearly correspond with Palm Beach County's Commercial General zoning district, and the portion of the property fronting on Federal Highway could be developed under C-3 Community Commercial zoning. The remaining portion of the property fronting on Old Dixie Highway could also be redeveloped under C-4 General Commercial zoning. It is unlikely, however, that a commercial tract of almost 10 acres would be physically or economically viable. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. ..._...,..~~_~>__d'·'_ - ~ ~~-... .-~--~ ---~ ___.~___."""",-.~_.._.,,,,~_~">._ _ --~ Ie ..- Page 8 Rle Number: LUAR 04-004 Gulfstream Gardens h. Whether there are adequate sites elsewhere in the dty for the proposed use, in districts where such use is already allowed. In accordance with the definition of the Special High Density Residential land use designation In Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ac are permitted In the Federal Highway corridor to encourage Infill development and redevelopment. There are a limited number of sites elsewhere In the dty where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and Infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. CONCLUSIONS/RECOMMENDA110NS 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 antldpated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the Oty. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Area Board or required by the Oty Commission, they will be induded as Exhibit "B". AlTACHMENTS S:\P\annIng\SHARED\WP\PROJECTS\Gulfstream GartIens\lUAR 04-004\STAfF REPORT NEW.cIoc GULFSTREAM GARDENS LOCATION MAP ~ Z IU - ~ Q Q .." 0 Z N LEGEND ..' U/M Annexation Area Amendment Area s o 35 70 140 210 28p -- eet LRC . Local Retail Commercial GC . General Commercial '-.--..... --~..-- ? -,.-.....--...- .--~-- <-.-- ~. ~ - - v. ,_ ~,....,_.-_.___~~__._ -..-~~ -~-=-t>- XII. - LEGAL CITY OF BOYNTON BEACH ITEM A.1 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 ~ August3,2004 (Noon.) July 19,2004 ~ October 5, 2004 (Noon) September 20, 2004 ~ August 17, 2004 (Noon) August 2,2004 ~ October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 o November3,2004 (Noon) October 18, 2004 [8J September 21 , 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November 1,2004 0 Administrative ~ Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8J Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please maintain this request on the Commission agenda, under Legal, Ordinance -Second Reading as being tabled to the September 21, 2004 meeting. The City Commission approved this request under First Reading on August 3, 2004 with a unanimous vote and then tabled it on August 17, 2004 to allow for conditions of approval to be met.. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04- 147. C") 0 .£?=i .... ::t=- -i-< c:: -<0 ø ':J -r¡ N ::;aJ EXPLANATION: C.J1 ~Jo :::...-< PROJECT: Boynton Seafood (ABAN 04-002) -0 .~::c 3:: <.n-i AGENT: Jim Hanson 0° OWNER: Jim Hanson and Carter Logan ..c- -'1:2: " -,aJ LOCATION: 1022 North Federal Highway W ñ£: DESCRIPTION: Request for abandomnent of a portion of a 20-foot wide alley lying east oflots'10, lfln and 22, and west oflot 19 in Block 3, Lake addition to Boynton subdivision. =r PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES: N/A , City Manager's Signature ~()~ ~-" Planning ~ g Director City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. o4-0b~ 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF A 20 FOOT WIDE ALLEY 6 LOCATED BETWEEN N.E. 9lli AVENUE AND N.E. 7 lOTII A VENUE (ABAN 04-002), SUBJECT TO STAFF 8 COMMENTS; AUTHORIZING THE CITY MANAGER 9 TO EXECUTE A DISCLAIMER, WHICH SHALL BE 10 RECORDED WITH THIS ORDINANCE IN THE 11 PUBLIC RECORDS OF PALM BEACH COUNTY, 12 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, Boynton Seafood, through its agent Carter Logan, is requesting 16 abandonment of a portion of 20 foot wide alley located between N.E. 9th Avenue and N.E. 17 10th A venue, lying east of lots 20, 21 and 22 in Block 3, Lake Addition to Boynton, subject to 18 staff comments; and 19 20 WHEREAS, comments have been solicited from the appropriate City Departments, 21 and public hearings have been held before the City's Planning and Development Board, and 22 the City Commission on the proposed abandonment; and 23 24 WHEREAS, staff has detennined that the roadway provides no public service; and 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 28 29 Section 1. The foregoing Whereas clauses are true and correct and incorporated 30 herein by this reference. 31 32 Section 2. The City Commission of the City of Boynton Beach, florida, does 33 hereby abandon a portion of a portion of 20 foot wide alley located between N.E. 9th A venue 34 and N.E. 10th Avenue, lying east of lots 20, 21 and 22 in Block 3, Lake Addition to Boynton, 35 subject to staff comments, and more particularly described in the attached Exhibit "A." A 36 location map is attached hereto as Exhibit "B." 37 38 Section 3. The City Manager is hereby authorized and directed to execute the 39 attached DiscJaimer and cause the same to be filed, with this Ordinance, in the Public 40 Records of Palm Beach County, florida. 41 42 Section 5. This Ordinance shall take effect immediately upon passage. 43 44 FIRST READING this _ day of ,2004. 45 46 S:\CA\OrdinanceslAbandonmentslAbandonement· Boynton Seafood.doc "'-~-- ---{-- ,~'"~--" --. . - '-~_"""~»"""",.~"ft-O__-~~'_-___~_-"",__~_ -<,_.~-_____>~_..o._.__ ' _,..-~__~..._~...~__ ".,~-"",""it>~--__. ~~--____~__:___ .----~ 1 2 SECOND, ANAL READING AND PASSAGE THIS _day of 3 4 ,2004. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 ATIEST: "3 .;4 25 City Clerk 26 27 28 S:\CA\OrdinanceslAbandonmentslAbandooement- Boynton Seafood.doc 1 2 3 4 5 6 I 7 EXHIBIT "A" 8 9 A portion of a twenty foot wide alley being east of lots 20, 21, 22 and west of Lot 19 as 10 shown on plat of Lake Addition to Boynton Beach filed in the official records of Palm Beach 11 County in Plat Book 11, Page 171 and being more particularly bounded and described as 12 follows: 13 14 Beginning at the northeast comer of Lot 20, Plat of Lake Addition to Boynton Beach, at the 15 south right of way of northeast 10th Avenue. 16 17 Thence southerly, along the easterly bounds of Lots 20, 21 and 22 of the aforementioned Plat 18 of Lake Addition to Boynton Beach, a distance of 131.19 feet to a point. 19 20 Thence easterly on the prolongation of the southerly boundary of Lot 22 a distance of 20.18 21 feet to a point. 22 23 Thence northerly, maintaining a distance of 20 feet rrom and parallel to the easterly bounds 24 of Lots 20, 21, and 22 a distance of 131.19 feet more or less to a point on the southerly right 25 of way of the aforementioned Northeast 10th Avenue. 26 27 Thence westerly along the right of way of Northeast 10th Avenue a distance of 20.18 feet 28 more or less to the Point of Beginning. 29 30 SUBJECT to a utility easement over the legal description described above. 31 32 S:ICAlOrdinanceslAbandonmenlslAbandonemenl - Boynton Seafood.doc - - - --'--~y--- ---_.---,~---..-... -----=--~?--~-- _ ____ u__.--,",,~.--;...._~c_~ __",_<,_.,_,__~y___~.__~~-. .~ "-- .- - - -~-~-'~--''>-'''-<''''''- ,,,--,,,,,~- ~~~"<- ,---~.-' .. 1 In. = 100.0 feet . - ....... J .." '.' . -... - ~ . ,....... - 3 ì .' .- . - . ....... . .." - .. .. w... _. . ~ .. ." ..- ..........,.-. ,- .- ~ R1 . ~ : / .. . - BOYNTON SEAFOOD LOCATION MAP EXHIBIT "B" 1 2 3 DISCLAIMER 4 5 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, 6 Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon 7 a portion of a portion of 20 foot wide alley located between N.E. 9th Avenue and N.E. 10th 8 A venue, lying east of lots 20, 21 and 22 in Block 3, Lake Addition to Boynton, subject to 9 staff comments, and more particularly described in the attached Exhibit "A". 10 11 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton 12 Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ 13 day of September, 2004. 14 15 A TIEST: CITY OF BOYNTON BEACH, FLORIDA 16 17 Janet Prainito Kurt Bressner, City Manager 18 City Clerk 19 20 STATE OF FLORIDA ) 21 )ss: 22 COUNTY OF PALM BEACH ) 23 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and 24 Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, 25 Florida, known to me to be the persons described in and who executed the foregoing 26 instrument, and acknowledged the execution thereof to be their free hand and deed as 27 such officers, for the uses and purposes mentioned therein; that they affixed thereto the 28 official seal of said corporation; and that said instrument is the act and deed of said 29 corporati on. 30 WITNESS my hand and official seal in the said State and County this _ day of 31 September, 2004. 32 33 NOTARY PUBUC, State of Florida 34 My Commission Expires: u 35 S:\CA\OrdinanceslAbandonmentslAbandonement - Boynton Seafood. doc r........ - f'.. f) ..¡.... - - ..... ...1 - - -._~-_ ,- ...... ..."'. --~,~----- ,_--"'~_~_~__"_ ______~___ '_'~_____.>-.^ __C"____"'._,,_, .-_,..._____ __o__.~~.~_=_,~___,_o_.,_.:..._,_,>._,_ --4---- ._._~,.__. 1 2 3 4 5 6 7 EXHIBIT "A" 8 9 A portion of a twenty foot wide alley being east of lots 20, 21, 22 and west of Lot 19 as 10 shown on plat of Lake Addition to Boynton Beach filed in the official records of Palm Beach 11 County in Plat Book 11, Page 171 and being more particularly bounded and described as 12 follows: 13 14 Beginning at the northeast comer of Lot 20, Plat of Lake Addition to Boynton Beach, at the 15 south right of way of northeast lOth Avenue. 16 17 Thence southerly, along the easterly bounds of Lots 20, 21 and 22 of the aforementioned Plat 18 of Lake Addition to Boynton Beach, a distance of 131.19 feet to a point. 19 20 Thence easterly on the prolongation of the southerly boundary of Lot 22 a distance of 20.18 21 feet to a point. 22 23 Thence northerly, maintaining a distance of 20 feet from and parallel to the easterly bounds 4 of Lots 20, 21, and 22 a distance of 131.19 feet more or less to a point on the southerly right 25 of way of the aforementioned Northeast 10th Avenue. 26 27 Thence westerly along the right of way of Northeast 10th Avenue a distance of 20.18 feet 28 more or less to the Point of Beginning. 29 30 SUBJECT to a utility easement over the legal description described above. 31 32 S:\CAIOrdioanceslAbandonmentslAbandooement - Boynton Seafood.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04·147 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rump~~ Þlannlng and Zoning Director FROM: Maxime Ducoste-A. Þlanner DATE: June 28, 2004 SUBJECT: Abandonment of a 20-foot wide alley lying east of lots 20, 21 and 22 In Block 3, Lake Addition to Boynton (ABAN 04-002). NATURE OF REQUEST The applicant and agent for Boynton Seafood, Carter lORan, is requesting to abandon a portion of the 20-foot wfde alley located between N.E. 9th Avenue and N.E. 10 Avenue. This request to abandon a public alley was submitted on April 23R1, 2004. This abandonment is for the following unimproved platted alley segment: A portion of a twenty foot wide alley being east of lots 20, 21, 22 and west of lot 19 as shown on plat of lake Addition to Boynton Beach·filed In the official records of Palm Beach County In Plat Book 11, Page 111 and being more particularly bounded and described as follows: Beginning at the northeast comer of lot 20, Plat of lake Addition to Boynton Beach, at the south right of way of Northeast 10th Avenue. Thence southerly, along the easterly bounds of Lots 20, 21 and 22 of the aforementioned Plat of Lake Addition to Boynton Beach, a distance of 131.19 feet to a point. Thence easterly on the prolongation of the southerly boundary of Lot 22 a distance of 20.18 feet to a point. Thence northerly, maintaining a distance of 20 feet from and parallel to the easteriy bounds of Lots 20, 21, and 22 a distance of 130.19 feet more or less to a point on the southerly right of way of the aforementioned Northeast 10th Avenue. Thence westerly along the right of way of Northeast 10th Avenue a distance of 20.18 feet more or less to the point of begInnIng. Subject to easements, right of way and reservations of records. he location map attached as Exhibit "An shows the general vicinity of the alley right-of-way to be abandoned. he attached exhibit -B" - ·Proposed Abandonment" shows the location of the subject property and Includes a 3taDed location of the alley to be abandoned and Its legal description. 1e following Is a description of the zoning districts and land uses of the properties that surround the subject quest North - N.E. 10"" Avenue right-of-way, and farther north a vacant commercial building zoned C-4; South - Boynton Beach F.a.E. #3944 lodge building, zoned C-4 and farther south, N,E. 9th Avenue right-of-way; East - A vacant parcel within a single-family neighborhood, zoned R-1-A; and West - Boynton Seafood property, zoned c-4, and farther west. North Federal Highway right-of- way, zoned c-4. - ->~-, ~'-- -..,-~~-- ~~ '. __ _,__~""._., ~-..."-~_______,..,,,,-iÞ' ~-,",'---~-"~--+'~-- . -~....,-_..-_...........-...~-'~...._><><""'~.._,...-~-_.- >- · Page 2 Memorandum No. PZ 04-147 ~ 04-002 BACKGROUND In March of 1925, the Plat of Lake Addition to Boynton was approved. It Included several 20-foot wide alleys dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion if not used as such. As such this clause Is In favor of the original Interest party if any right of way is abandoned. Pursuant to Florida Statutes Sections 117.085, reversions contained In plats recorded prior to July i. 1972 would be extinguished If specific action were not taken to establish such rights on or before July 1. 1973. The applicant has the intention of vacating the adjacent portion of the 20-foot wide alley to consolidate It with Lots 20. 21 and 22 In order to renovate the Boynton Seafood property. The renovation of the Boynton Seafood Is proposed to Include but not limited to parking lot expansion I reconfiguratlon. When abandoned the alley will revert to the adjacent property owners; one-half to the property owner to the east and one-half to the property owner to the west. ANALYSIS Pursuant to Chapter 22. Article III. Section 4. public notice was given to the property owners that abut the right- of-way to be abandoned. all utility companies have been notified and the request has been advertised In the newspaper. A summary of the responses from the utility companies and city staff Is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works/Utilities - Approval with conditions (see Exhibit "C") Planning and Zoning - No objection :)UBLlC UTIL1TY COMPANIES Florida Power and Light - No objection BellSouth - Approval with conditions (see Exhibit "CIt) Florida Public Utilities Company - No objection Cable Company (Adelphla) - No objection Cable Company (Corncast) - N/A : noteworthy that other segments of this same alley have been previously abandoned as supported by similar nalysls and findings. RECOMMENDATION taff has determined that the subject alley no longer serves a public purpose. and therefore recommends that lis request to abandon a segment of the 20-foot wide alley as described above, be approved. subject to the :>mments Included In Exhibit "C" - Conditions of Approval. Any conditions recommended by the Community edevelopment Agency Board or required by the Commission will be placed In exhibit ·C" - Conditions of pproval. ~: Central File ~WP\PROJECTS\8oynIon 8&af00Cl\SUtff Report.cIoc --- . - ... i 110. = 100.0 feet 3 r ..j ~. -'. . ": . , ~I, ......- . ..... . ! . ..'J ,- ,IlT'·· :, r R· ··1 . .... , ..~. ....; BOYNTON SEAFOOD LOCATION MAP EXHIBIT "A" " .____.~~<_""_~_,J._ -.-y -_.<". ._~.---' ~ ,--_.~._---<~ -.--- . . ¡ E R/W.o/..t'/E: h'/GNWAY I EXHIB IT "E'; BOYNTON .sEAFOOD ..... I ~ I '" I '" I I ;' . li~ I l ~ .~ I . ~ J I o¡.1t ~ I "" I .... ~, ~ I .. I I -~ . I ~ .0' '/.11./9 ' fþ (cl' . . ( l t~ . ~ í) ~, ,," (! . ~ "ME /..31./9' .~ ~ ..\:1,... 1 ~'(/' q ~ ,. I ~ \õ ~ ~f." tb· ä'. ~ Ii t. ~ ~ . I ~~ ~~. :¡¡¡: ~ ! ~ ~ .... . ..... ...... Q 6 ¡:¡- .-it· ifr t!it ir tf l B.~I ~~ 8'"B" ~B'~ I titö '. .s II Jtl 'I tl I. r[l~ i : !~§ii~§ ~ ~iI2Ii.1 II j~'ll~ Ii J[ irlll4 -2//j r !t .... dzl.. ~~ III'¡:' f 11.1. ¡If, ;1 II.. D?:i . ß ;1¡; I Iii ~ ,I' j'ü I J::- ~ '1;; rll~ ~ !!e~! ¡i .1 ~ I I f J ~ _ ~ ~ ~ i'l f Ii. 'f· ~ ¡SWll" ~ in Ll ~~~pt.. "Ii JJ~ I Ilia" 1~lh;( [IU 1 Ii I~ IU ~~. ~I~ - !!r, I bill~ ~ ~Iï!rr! ~[J k! hi ~.: i~ hi ~ ii~¡~~1 . ällli~\ " I II 5 Ii . r ¡III ~~;1! 2 Ët* ~ i¡¡ii iQI¡I~. II i ~I f. II: ~ £% ~ I~II~ "ill~E '. e ,4- B. . J III ~ ~ ~ . ¡; ~'r It. ~-< !:> ~ j&hiÏ I i~¡~--- ~ ------ - - - ~ ~ ~ !·III)~ . ïlllg~ - . ~ '< I I~I I i!ft~ ~ . ~ ~ .I~al I 5iit;l~ ~ ~ ~ § ø§~. II i ~ ~ I! '. I ~ ~~. . . I s¡ ~~ .' i . ~ . . IIII1 ~ 1111 II¡ I 5~ EXHIBIT "C" Conditions of Approval Project name: Boynton Seafood File number: ABAN 04-002 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: l. This alley currently contains utility services that will require a conversion X to a utility easement of the same width. The twenty (20)-foot wide alley shall be replaced by twenty (20) foot wide utility easement. 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all1egal entities occupying said easement. UTILITIES Comments: None X FIRE Comments: None X POUCE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: None X _ ~~,< -~.. ___-,;__,~~ -"'~--w - .~- ,- - -".._----~_. . .___. _~~_.,~ _._., o. _ -__ Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X PRIVATE UTILITIES Comments: 3. Bellsouth will require a utility easement to maintain the existing aerial X facilities. The alternative to an easement would be a relocation of facilities at the owner's expense. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be detemñned. 8~WP\PROJECTSIIIo'nIon SeafoodlCOA.doc XII. - LEGAL ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19,2004 c=J October 5, 2004 (Noon) September 20, 2004 c=J August17,2004 (Noon) August 2, 2004 c=J October 19, 2004 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August 16,2004 c=J November 3,2004 (Noon) October 18,2004 r8J September 21, 2004 (Noon) September 7, 2004 c=J November 16, 2004 (Noon) November 1, 2004 c=J Administrative c=J Development Plans NATURE OF c=J Consent Agenda c=J New Business AGENDA ITEM c=J Public Hearing r8J Legal c=J Bids c=J Unfinished Business c=J Announcement c=J Presentation c=J City Manager's Report RECOMMENDATION: Please maintain this request on the Commission agenda, under Legal, Ordinance Second Reading as being tabled to the September 21, 2004 meeting. The City Commission approved this request under First Reading on August 3, 2004 with a unanimous vote and then tabled it on August 17, 2004 to allow for conditions of approval to be met. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04- 165. n 0 n=i .c- :::¡-< þo -<0 c:: G) (J ." N ¡-CD '''0 EXPLANATION: U1 ~·7-< PROJECT: NW stb Avenue (ABAN 03-011) A:z: -0 u)-i AGENT: City- initiated :::: 0 O;z: LOCATION: Approximated 400 feet west of Sea crest Boulevard between lots 154 and 155 ofPloc~CD "C", and lots 154 and 155 Block "D", Boynton Hills subdivision. w õ~ DESCRIPTION: Request for abandonment of portion ofan unimproved, 50-foot wide road righf-6t-wáJi1o for NW 81b Avenue, adjacent to lots 154 and 155 Block C, Boynton Hills subdivision. :I: PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES~ . .' N/A ~- ¡ .~¡ Development Department Director ~tJ Z/2 ~/ City Attorney / Finance / Human Resources Planning and z~ Director S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04-ob~ 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF AN UNIMPROVED 50 FOOT WIDE 6 ROAD RIGHT -OF- WAY FOR NW 8TH A VENUE; 7 (ABAN 03-011), SUBJECT TO STAFF COMMENTS; 8 AUTHORIZING THE CITY MANAGER TO EXECUTE 9 A DISCLAIMER, WHICH SHALL BE RECORDED 10 WITH THIS ORDINANCE IN THE PUBUC RECORDS 11 OF PALM BEACH COUNTY, FLORIDA; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City of Boynton Beach is requesting abandonment of a portion of an 16 nimproved, 50 foot wide road right-of-way for NW 8th Avenue, adjacent to Lots 154 and 17 55, Block C, Boynton Hills subdivision, subject to staff comments; and 18 19 WHEREAS, comments have been solicited from the appropriate City Departments, 20 nd public hearings have been held before the City's Planning and Development Board, and 21 he City Commission on the proposed abandonment; and 22 23 \VHEREAS, staff has detennined that the roadway provides no public service: and 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 HE CITY OF BOYNTON BEACH, FLORIDA THAT: 27 28 Section 1. The foregoing Whereas clauses are true and correct and incorporated 29 erein by this reference. 30 31 Section 2. The City Commission of the City of Boynton Beach, Florida, does 32 ereby abandon a portion of an unimproved, 50 foot wide road right-of-way for NW 8th 33 venue, adjacent to Lots 154 and 155, Block C, Boynton Hills subdivision, subject to staff 34 omments, and more particularly described in the attached Exhibit "A." A location map is 35 ttached hereto as Exhibit "B." 36 37 Section 3. The City Manager is hereby authorized and directed to execute the 38 ttached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 39 ecords of Palm Beach County, Florida. 40 41 Section 5. This Ordinance shall take effect immediately upon passage. 42 43 FIRST READING this ~ day of AIJ~4)T ,2004. 44 45 46 47 :\CA\Ordil1ances\Abandol1rœnts\Abandonerœnt . largo Pointe.doc _.~,_.~..._ "'-._- - -~- ~,-~~--.,.,-~"~.........>-,-~--,..------. .--< -._--,,- - >. .- -~,.,...-.._-~-,...~--, · 1 SECOND, FINAL READING AND PASSAGE THIS _day of 2 3 ,2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 TIEST: 22 '3 ¿4 ity Clerk 25 26 27 :\CAlOrdinanceslAbandonmentslAbandonement - largo Pointe.doc 1 2 3 I 4 i 5 I 6 7 EXHIBIT "A" 8 9 That portion of the road right of way for NW 8th A venue lying north of lots 10 154 and 155, Block C, Boynton Hills, according to the plat thereof as recorded 11 in Plat Book 4, Page 51, Public Records of Palm Beach County, Florida, 12 described as follows: 13 14 Beginning at the northwest comer of said lot 154; thence easterly along the 15 north line of said lot 154, a distance of 100.26 feet to a point on a curve 16 concave to the southwest having a central angle of 126° 26'42" and a radius of 17 10.00 feet; thence southeasterly along the arc of said curve, a distance of 22.07 18 feet to a point on the easterly line of said lot 154; thence northeasterly along 19 the northeasterly projection of the easterly line of said lot 154 a distance of 20 19.82 feet; thence northerly fanning an included angle of 143°33'18" to the 21 right from the preceding course, a distance of 50.00 feet; thence westerly 22 forming an included angle of 90°00'00" to the right from the preceding 23 course, a distance of 240.16 feet; thence southerly forming an included angle 24 of 90° 00'00" to the right from the preceding course, a distance of 50.00 feet 25 to a point on the northwesterly projection of the westerly line of said lot 155; 26 thence southeasterly along said northwesterly projection, a distance of 19.82 27 feet to a point on a curve to the southeast having a central angle 126°26'42" 28 and a radius of 10.0 feet; thence northeasterly, along the arc of said curve a 29 distance of 22.07 feet to a point on the north line of said lot 155; thence 30 easterly, along said north line, a distance of 100.26 feet to the point of 31 beginning. :\CA\OrdinanceslAbandonments\Abandonement - largo Pointe.doc ~--<-,>--"._-";," -, -.~ ---_.-..~-- '~_.~___.,~._."""~",_""_~.~_,,,,,,___.__c . _,_."~__.,"_-._""_""_"'___,,,"' ~-. ~- --..~>---._-",-._--~",",~~,.~---~~- .' .........-, -~'--'-;:> .->-~- --," -___'o-_'¡'- _~ -~ ---'- -. 0000 -1m. = 100.0 feet .... .- 1320 1330 1560 14ð2 1460 141:0 .. -- . .-- - 1501 '1690 R-3 1238 ~.- 1801 ~ 1210 ø :. _ - -.a NW 8TH AVENUE LOCATION MAP EXHIBIT "BII i' ! ¡ I: I· , , 1 2 3 DISCLAIMER 4 5 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, 6 Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon 7 a portion of an unimproved, 50 foot wide road right-of-way for NW 8th A venue, adjacent to 8 Lots 154 and 155, Block C, Boynton Hills subdivision, subject to staff comments, and more 9 particularly described in the attached Exhibit "A". 10 11 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton 12 Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ 13 day of September, 2004. 14 15 ATIEST: CITY OF BOYNTON BEACH, FLORIDA 16 17 Janet Prainito Kurt Bressner, City Manager 18 City Clerk 19 20 STATE OF FLORIDA ) 21 )ss: 22 COUNTY OF PALM BEACH ) 23 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and 24 Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, 25 Florida, known to me to be the persons described in and who executed the foregoing 26 instrument, and acknowledged the execution thereof to be their free hand and deed as 27 such officers, for the uses and purposes mentioned therein; that they affixed thereto the 28 official seal of said corporation; and that said instrument is the act and deed of said 29 corporation. 30 WITNESS my hand and official seal in the said State and County this _ day of 31 September, 2004. 32 33 NOT AR Y PUBUC, State of Florida 34 My Commission Expires: 35 S:\CA\Ordinances\Abandonments\Abandonement - NW 8th Avenue.doc ---.-",.-.. -~ --~----#---.- ..~ ~''-'''-'-~~~~- ----_._=-------.~~."-._."'". -''''''--~' - ......~~~__....~,"'--=_.~__.O_~___ --,-- 1 2 3 4 5 6 7 EXHIBIT "A" 8 9 That portion of the road right of way for NW 8th A venue lying north of lots 10 154 and 155, Block C, Boynton Hills, according to the plat thereof as recorded 11 in Plat Book 4, Page 51, Public Records of Palm Beach County, Florida, 12 described as follows: 13 14 Beginning at the northwest comer of said lot 154; thence easterly along the 15 north line of said lot 154, a distance of 100.26 feet to a point on a curve 16 concave to the southwest having a central angle of 126° 26'42" and a radius of 17 10.00 feet; thence southeasterly along the arc of said curve, a distance of 22.07 18 feet to a point on the easterly line of said lot 154; thence northeasterly along 19 the northeasterly projection of the easterly line of said lot 154 a distance of 20 19.82 feet; thence northerly forming an included angle of 143°33'18" to the 21 right from the preceding course, a distance of 50.00 feet; thence westerly 22 forming an included angle of 90°00'00" to the right from the preceding 23 course, a distance of 240.16 feet; thence southerly forming an included angle of 90° 00'00" to the right from the preceding course, a distance of 50.00 feet 25 to a point on the northwesterly projection of the westerly line of said lot 155; 26 thence southeasterly along said northwesterly projection, a distance of 19.82 27 feet to a point on a curve to the southeast having a central angle 126°26'42" 28 and a radius of 10.0 feet; thence northeasterly, along the arc of said curve a 29 distance of 22.07 feet to a point on the north line of said lot 155; thence 30 easterly, along said north line, a distance of 100.26 feet to the point of 31 beginning. :\CAlOrdinances\AbandonmentslAbandonement - Largo Pointe.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-165 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf (\(;)~ Planning and Zoning Director FROM: Maxlme Ducoste-A~.. Planner . DATE: July 6, 2004 SUBJECT: Abandonment of a 50-foot wide right-of-way running east-west In Block 4, Lake Addition to Boynton (ABAN 03-011). NATURE OF REQUEST City staff are requesting abandonment of an unimproved 5O-foot wide right-of-way located on N.W. 8th Avenue apprt?xfmately four hundred (400) feet west of Seacrest Boulevard. This abandonment Is for the following unimproved right-of-way segment That portion of the (Oad right of way for NW tJh Avenue lying north of lots 154 and 155, Block C, Boynton Hils, according to the plat thereof as recorded In Plat Book 4, Page 51, Public Records of Palm Beach County, Florida, Described as follows: BegInning at the northwest comer of said lot 154; thence easterly along the north line of said lot 154, a distance of 100.26 feet to a point on a curve concave to the southwest having a central angle of 12(1026'42" and a radius of 10.00 feet; thence southeasterly along the arc of said cutve, a distance of22. 07 feet to a point on the easterly Dne of said tot 164; thence northeasterly along the northeasterly projection of the easterly line of IJIJld lot 154 a dIstance of 19.82 feet; thence northerly fonnlng an Included angle of 14.3033'18" to the tight tiom tþe preceding course, a cIlstance of50.00 feet; thence westerlyform/ng an Included angle of90000Wto the tight from the preceding course, a distance of240.16 feet; thence southerlyfonnlng an Included angle of 9CJOOO'00" to the dght from the preœcllng course, a distance of 6!J.OO feet to a point on the northwesterly projection of the westerly line of said lot 155; thence southeasterly along saId northwesterly projection, a distance of 19.82 feet to a point on a curve to the southeast having a central angle 12tJ026'42"and a l8d1us of 10.0 feet; thence northeasterly, along the arc of said curve a distance of22.07 feet to a point on the north One of seld tot 165; thence easterly, along said north line, a distance of 100.26 feet to the point of beginning. he location map, attached as exhibit · AD, shows the Immediate vicinity of the subject right-of-way. The ltached exhibit R8D_ ·Proposed Abandonmenf Is a survey of the subject street which Indicates Its proximity to :ljacent properties. 1e following describes the zoning districts and land uses of the properties surrounding the subject request. North - A slngle-famlly house zoned R-1-A; South - A slngle-famlly house, zoned R-1-A, and farther south, Is N.E. 8th Avenue right-of- way; East - N.W. 8th Avenue right-of-way and farther east, Is a single-family neighborhood, zoned R-1-A; and ,___' o,___......-='~...........<-;,.."__""--. .-=- x_ c_ ._c_." . ~._~---~.~_.-" ._""",,,.--~-.,I.-;- Page 2 Memorandum No. PZ 04·165 ABAN 01-004 West - N.W. 8th Avenue right-of-way and farther east, Is a single-family neighborhood, zoned R-1-A. BACKGROUND The Boynton Hills subdivision was originally platted In 1925. Contrary to the grid pattern used In the development of most American towns, the design of this subdivision was based on the radial scheme and diagonal avenues In lieu of the grid (see Exhibit "B" - Boynton Hills Subdivision). The streets, avenues and alleys are dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion if not used as such. The ultimate street design within this area Is a unique pattem of many curvilinear streets and avenues extending from NW 10th Avenue south to Boynton Beach Boulevard. The subject portion of this unique street pattem Is a straight segment extending through the center of four segments platted In a diamond shape. Three of the four segments comprising the "diamond" configuration are improved. ANAL YSIS . Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right-of- way to be abandoned, all utility companies have been notified and the request has been advertised In the newspaper. A summary of the responses from the utility companies and city staff Is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objections Public Works/Utilities - Approval with conditions (see Exhibit .C") Planning and Zoning - No objections PUBLIC UTILITY COMPANIES Florida Power and Light - Approval with conditions (see Exhibit ·CIf) Bell South - No objections Florida Public Utilities Company - No objections Cable Company (Adelphla) - No objections Cable Company (Comeast) - N/A Iñe property located on the north side of the subJect right-of-way Is developed with a single-family house while the ;outhem prop~rtles are vacant, zoned R-1-A, and were recenUy acquired by Habitat for Humanity for the :onstruction of single-family residences. Staff requests this abandonment to vacate the 50-foot wide right-of-way Þ6C8USe it Is unimproved, Jacks necessity given the greater network around the subject street segment, and could ontrtbute to the confusion of motorists. Proper flow and slgnage for unique Intersections and street patterns Is a :hallenge. and Is simplified by the elimination of the subject street at this location. iliandonment of the 50-foot wide right-of-way, as shown on the survey. will result In the reversion to the adjacent 'roperty owners. Although this original street pattern represents a unique part of history In these neighborhoods, nd possibly worthy of preservation. this overall network has already been altered by previous abandonments, to· ~mmodate the Sara Sims Park, Boynton TelT8ce Apartments and expansion of the First Baptist Church. It hould be noted· that the subject abandonment can occur while leaving the chance to preserve a portion of yrr'""8by within this section of the network. This balance In the network Is contingent upon the ultimate r. ement of the remaining unimproved segment (Grand Blvd. West) of the -diamond- configuration that lJlTOunds the segment to be abandoned. Page 3 Memorandum No. PZ 04-165 ABAN 01-004 RECOMMENDATION Staff finds that the subject unimproved street provides no public purpose except for utilities, and therefore recommends that this request to abandon a portion of the 50-foot wide right-of-way as described above, be approved, subject to the comments Included In Exhibit "C" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed In Exhibit "C" - Conditions of Approval. xc: Central File S:\PIaoolng\SHARED\WP\PROJECTS\NW 8th Avenue\Staff Report.doc ~~.--"",..---,~.~----#",. --- . ----_._-'<'~.....-_-.-_._.-., <-~--,-..-.- _.~>._.._-;. --,-. ~.-. - --"~-~.-...-....._"'~--~~...._- · '. ... ' I', -'" 0000 . 110. = 100.0 feet .. -- 1320 13'80 1660 1402 1460 1470 .. -- - 1501 I 1690 R-3 1230 '._. 18;0'0 dI 1210 .~ NW 8TH AVENUE LOCATION MAP EXHIBIT "An . EXHIBIT"B~' .- -_.- --. .-_.- .....~~_..._-- ..----- ---..-----------. . . _. 'ij5f''-~ 111!;j I I,~ ,. ~II j ~! 1~~~e~~~lì~! ~~;I~t; a I~ J ~~. ql ~ ~ RIC~ ~¡.~ f ~ ,ft ,-. ,. il't ~ ,: If ".. . -. . ~ I~II~ ~~ .fI.. ~ ~:<~~ ~I -< ~ ~ ~/ .~ .-.'t-~ I ~.. I I .- !¡ .,/ PI..... PI...... ~/ tl~~ ~~ .- I·~ ~m /: ,,~ ()m I~ ,. /' ~ I ~ ~ ".. ~ ~ ./ "'. ~ ~!!lB <e ~ .. i '"~:: I ..... .~ '" ,~ ..._~~ .. '" "-..... "-..... " I\llB "- 1 ~.... ~~ (')~ .' ~-- jIl..... ...--.--.' - ~~ ~~ .., . . 'III ~ I' "pp .~.~ . ·Ii. ~ III' to .M! 1,1 e) I I ; I . if~ '11'1 aI·1 ~ d t· ql~ þ I 8 II; ~ . III "< :¡;- t. Z . _.'.On_~' ,~~~>_---.~<.._ _""'_.' ;_>-. ____._~k<~_"'__-"...-.j-__~_--,,_'O_.__= >'-..-...........;:.->-.·---.-------""-\1· __._. __~·_.,.4 - · EXHIBIT "C" ConditionsofApprov~ Project name: NW 8th Avenue File number: ABAN 03-011 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X - PUBLIC WORKS- Traffic Comments: l. This alley currently contains utility services that will require the X establishment of a utility easement in accordance with the Engineering Division's requirements in order to support any existing or future utility infrastructures. 2. If a utility easement is required, no structures shall be constructed or X landscaping placed within the utility easement without express written consent of all legal entities occupying said easement. UTILITffiS Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X PRIVATE UTILITIES Comments: 3. Florida Power and Light will require at minimum a ten (10) foot wide X utility easement to maintain the existing faci1ities. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S.~WP\PROJ~S.-coA.doc _ > ___",,-"''''-__~_-__'_-_-> __~."_,___~_~~.._;".,__..........o-o-o<-__. - '-_........."".4\.>___ -- ~...... , . :XII. - LEGAL ITEM A.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final FOnTI Must be Turned Requested City Commission Date Fina] Fonn Must be Turned Meetin~ Dates in to City Clerk's Office Meeting Dates in to City Oerk's Office D August 3, 2004 (Noon.) Ju]y ]9, 2004 D October 5, 2004 (Noon) September 20,2004 D August 17, 2004 (Noon) August 2, 2004 o October ]9, 2004 (Noon) October 4, 2004 C September 7,2004 (Noon) August ]6,2004 D November 3, 2004 (Noon) October] 8, 2004 R September 2], 2004 (Noon) September 7, 2004 D November] 6, 2004 (Noon) November], 2004 D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing ~ Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDA TION: Approval of an Ordinance amending Chapter 26, Article IV "Sewers" to provide that the property owner is responsible for the maintenance, repair and replacement of sewer laterals. EXPLANA TION: Due to the large number and cost involved, the City does not routinely inspect laterals. The amendment to this section of the Code addresses the duties and responsibilities of property owners and the City as they relate to maintenance, repair and replacement of sewer laterals and appUrtenant facilities. PROGRAM IMPACT: FlSCAL IMPACT: AL TERNA TIVES: ~ Department Head's Signature City Manager's Signature City Attorney's office ~()~ Department Name . City Attorney m e I Human Resources S:\BUllETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I I 1 ORDINANCE 0-04- 01" 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING CHAPTER 26, ARTICLE IV "SEWERS," SECTION 26-57 5 "CONNECTIONS REQUIRED" OF THE CODE OF ORDINANCES OF 6 THE CITY OF BOYNTON BEACH, PROVIDING THAT THE 7 PROPERTY OWNER IS RESPONSIBLE FOR THE MAINTENANCE, 8 REPAIR, AND REPLACEMENT OF SEWER LATERALS; PROVIDING 9 FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the City Commission, upon recommendation of staff, has deemed it 13 appropriate to amend Chapter 26, Article IV, Section 26-57 to affinnatively state that the 14 property owner is responsible for the maintenance, repair, replacement, or improvement of 15 the sewer lateral serving his or her property; and 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA: 19 20 Section 1. The foregoing "WHEREAS" clause is true and correct and hereby 21 ratified and confinued by the City Commission. 22 23 Section 2. That Chapter 26, Article IV, Section 26-57 is hereby amended by 24 adding the words and figures in underlined type and by deleting the words and figures in 25 struck-through type, as follows: 26 27 Sec. 26-57. Connections required. 28 29 ill The owner, tenant or occupant of each lot or parcel of land 30 within the city which abuts upon a street or other public way containing a 31 sanitary sewer served or which may be served by the sewage disposal 32 system and upon which lot or parcel a building has been or shall be 33 constructed for residential, commercial or industrial use, shall within thirty 34 (30) days after the placing of the sewage disposal system in operation and 35 the construction of all connections thereto from such sanitary sewer, or 36 within thirty (30) days after the construction of such building, connect 37 such building with such sanitary sewer, and shall cease to use any other 38 method for the disposal of sewage, sewage waste or other polluting matter. 39 40 (b) The owner shall be responsible to maintain, repair, and 41 replace, as necessary all sewer laterals and appurtenances serving the 42 owner's property, and which are not located within the city rights-of-way_ 43 The clearing of any blockages within the sewer lateral is included within 44 this obligation. 45 1 ...... -<,---"..,--,--" ~~-.;.=_....,,_~=--.~~~.<__~_~_~.__.._'-~~. ~~_~~<_."'õ<.___. -~'- ..--........""""'.--- 1 0) A sewer lateral is that portion of sewer pipe, which 2 connects a structure to a sewer main. Appurtenances to the sewer 3 lateral include, but are not limited to the fitting to which the 4 owner's plumbing is connected, the clean-out and plu~, and any 5 markings or devices installed as an aid to locating the service 6 connection. 7 8 (2) Except as provided in this section, any {Jortion of 9 the sewer lateral located within the city rights-of-way, once 10 accepted by the city, is the responsibility of the city. All other 11 portions of the sewer lateral are the responsibility of the property 12 owner. 13 14 (3) Should the City determine that blockage in any 15 portion of the sewer lateral has occurred as a result of root 16 intrusion from a tree located on non-City property, the owner of 17 the property where the tree is located shall reimburse the city for 18 any costs and expenses incurred by the city in repairin~ or 19 replacing the sewer lateral and restoring the streets, sidewalks, or 20 other areas affected by the necessitated repair or replacement. 21 22 (4) No modification, repair or replacement of a sewer 23 lateral within the public right-of-way shall be performed without 24 the written consent of the city utility department. 25 26 (5) Nothing herein shall be construed to {Jrohibit the 27 city from performing any repairs or replacement of sewer laterals 28 in the public rights-of-way. 29 30 (6) The city shaH not be responsible for, nor wiJ] the 31 city {Jrovide reimbursement for claims of costs incurred by 32 property owners to clear blockages to any sewer lateral, including 33 any and all damage within the residence or structure, without a 34 written agreement, entered into prior to the commencement of any 35 work on the sewer lateral. 36 37 (7) In the event of an emer~ency and in order to protect 38 the public health and safety, the city may perfonn repairs to the 39 sewer lateral on private property. Wherever possible, the city 40 shalL at a minimum, make reasonable attempts to notify the 41 {Jropertv owner of the need for re{Jairs to the sewer lateral. In the 42 event the city performs repairs under this subsection, the city· shall 43 be entitled to reimbursement by the property owner of all costs and 44 expenses incurred for such emergency work. 45 46 2 ; i 1 2 3 4 Section 3. That each and every other provision of Chapter 26 not hereinbefore 5 specifically amended shall remain in full force and effect as previously enacted. 6 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 7 with any provisions of this ordinance are hereby repealed. 8 Section 5. Should any section or provision of this Ordinance or any portion thereof 9 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 10 the remainder of this Ordinance. 11 Section 6. Authority is hereby given to codify this ordinance. 12 Section 7. This Ordinance shall become effective immediately upon passage. 13 FIRST READING this l day of ~2004. 14 15 SECOND, FINAL READING AND PASSAGE this _ day of ,2004. 16 17 CITY OF BOYNTON BEACH, FLORIDA 18 19 20 Mayor 21 22 23 Vice Mayor 24 25 26 Commissioner 27 28 29 Commissioner 30 31 ATIEST: 32 Commissioner 33 34 City Clerk j! s:ca\ord\Chpt 26 - Section 26-57 (sewer laterals) ev.08-23-04 3 ....- ~- < __.,__.~""",,-,<-=_o _._-T_~H_____~"""''''''''''''<-'.-'-'_'''___Y _________._....~_,~_w=.~ ~-/__._~_ __~O.-.··~__,- ~.....'~"". /~- CITY OF BOYNTON BEACH XII. - LEGAL ITEM A.4 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 0 October 5,2004 (Noon) September 20,2004 o August 17, 2004 (Noon) August 2, 2004 0 October 19,2004 (Noon) October 4, 2004 C September 7, 2004 (Noon) August 16,2004 0 November 3, 2004 (Noon) October 18,2004 'Ø. September 21, 2004 (Noon) September 7, 2004 0 November 16, 2004 (Noon) November I, 2004 o Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business 0 ö: AGENDA ITEM 0 Public Hearing ~ Legal ...... =i-< :;po -<0 o Bids 0 Unfinished Business § C) ~ o Announcement 0 Presentation ~ ~2~ o City Manager's Report .-.-. ~.~ '-' v 0 ::J:: ox r- m .,ro RECOMMENDATION: c...> õç; Revise Section 104.7.3 - OTHER FEES of the Boynton Beach Administrative Amendments to the 2001 Florida Béi1diñg1n Code and return the responsibility of collecting Palm Beach County Impact Fees back to Palm Beach County. :I:; EXPLANATION: This code section revision coincides with a separate department reconnnendation requesting authorization to enter into an agreement with Palm Beach County to return the collection of Road Impact Fees back to the County Building Division. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not approve the revision of Section ]04.7.3 of the Boynton Beach Administrative Amendments to the 200] Florida Bui]ding Code and continue to collect Palm Beach County Impact Fees. ~. ~G· ·1 dD> ~C' M 'S' ,<"mtus . reene, ve opment lTector lty anager sIgnature Deve]opment Department Department Name City Attorney / Finance / Human Resources S:\BUllEllN\FORMS\AGENDA HEM REQUEST FORM.DOC ï I I 1 ORDINANCE NO. 04- 01 €) 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING SECTION 104.7.3 OF THE 5 BOYNTON BEACH ADMINISTRATIVE AMENDMENTS TO THE 6 2001 FLORIDA BUILDING CODE; PROVIDING FOR 7 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 8 EFFECTIVE DATE. 9 10 WHEREAS, staff has recommended that Section 104.7.3 of the Boynton Beach 11 Administrative Amendments to the 2001 Florida Building Code be amended to return the 12 responsibility of collecting Palm Beach County Impact Fees revert to Palm Beach County; 13 and 14 15 WHEREAS, the City Commission has detennined that it is in the best interest of the 16 City, its residents, property owners, and visitors to revise the regulations of the City which 17 govern collection of Palm Beach County Impact Fees; and 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 20 CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 22 Section 1. The foregoing whereas clauses are true and correct and are now ratified 23 and confinned by the City Commission. 24 Section 2. That Section 104.7.3 of the Boynton Beach Administrative 25 Amendments to the 2001 Florida Building Code is hereby amended by deleting the words 26 and figures in struck-through type, as follows: 27 28 104.7.3 OTHER FEES. A pennit shall not be issued until all other fees associated 29 with said pennit are paid. Other fees may include additional fees, penalty fees, water and 30 sewer capital facility fees, Fire Department fees, Palm Beach County Impact fees and State 31 of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of 32 Boynton Beach Code of Ordinances. The Fire Department fees are established in Chapter 9 33 of the City of Boynton Beach Code of Ordinances. The city collects Palm Beach County 34 Impact fees that include fees for Roads, PubJic Buildings, Schools and Parks. The city 35 collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code 36 Administrators and inspectors Fund (BCAIF). 37 38 Section 3. That ordinances or parts of ordinances in conflict herewith be and the 39 same are hereby repealed, provided that in the event of a conflict with respect to S:\CA\Ordinances\Building\Amd BB Amendments to 2001 Building Code.doc - -._~--. ~- -.......~ >- .,,;.......-.< .. ",,-"'-<-"0""""''':'-'''''-- ._~_ 1 administration of the building codes, existing administrative laws or rules of the City shall 2 control. 3 4 Section 4. Should any section or provision of this Ordinance or any portion 5 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 6 affect the remainder of this Ordinance. 7 8 Section 5: Authority is hereby granted to codify said Ordinance. 9 10 Section 6: This Ordinance shall become effective immediately upon passage. 11 12 FIRST READING this ~ day of September, 2004. 13 14 SECOND, FINAL READING and PASSAGE _ day of September, 2004. 15 16 CITY OF BOYNTON BEACH, FLORIDA 17 18 19 Mayor 20 21 22 Vice Mayor 23 24 25 Commissioner 26 27 28 Commissioner 29 30 31 Commissioner 32 33 ATfEST: 34 35 36 37 City Clerk 38 S:\CA\Ordioances\Building\Amd BB Amendments to 2001 Building Code.doc 104.7.3 OTHER FEES. A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees, water and sewer capital facility fees, Fire Department fees, Palm Beach County Impact fees and State of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Department fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances. The city collocte P31m Boach County Imp3ct feoe that includo f-aoe for R03de, Publio Buildinge, Sohoole 3nd P3rke. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). ~---",""-- --~--~--'-'------~--~._-~ < -"_.- --~.__:_-~.- -~ --. ~-- -------..- ---._-~--~---_._~-_.--""--- -- XII. - LEGAL ITEM A.S CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office c=J August3,2oo4 (Noon.) July 19,2004 c=J October 5, 2004 (Noon) September 20, 2004 c=J August 17,2004 (Noon) August 2,2004 c=J Octoberl9,2oo4 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August 16,2004 c=J November 3, 2004 (Noon) October 18, 2004 I2J September 21, 2004 (Noon) September 7,2004 c=J Novemberl6,2004 (Noon) November 1,2004 (") c=J Administrative c=J Development Plans £2 ,::-) ~ ::¡-< NATURE OF c=J Consent Agenda c=J New Business (/) -<0 AGENDA ITEM c=J I2J r1i :., --" Public Hearing Legal --0 ï""CP c=J c=J I no Bids Unfinished Business ú) ·~o-< -:>=:.z c=J Announcement c=J Presentation ;po ,..;....., 3'0 c=J ::¡¡:: ~..... City Manager's Report .....J..o.- r -r.OJ ~fT1 c.J\ (")::þ -J fT1(") RECOMMENDA nON: Please place this request on the September 21, 2004 City Commission Agenda under :J: Legal, Ordinance - Second Reading. The City Commission approved the subject request under First Reading on September 7, 2004. It should be noted that the conditions of approval require the dedication of an easement prior to Second Reading of the ordinance. Staff will report on the status on this effort at the September 2151 meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-189. EXPLANA nON: PROJECT: Janis Group (NE 3rd Avenue) (ABAN 04-004) AGENT: Ron Janis / Karen Janis-Brown OWNER: N/A LOCATION: 409 NE 3rd Street DESCRIPTION: Request for abandonment of a portion of the Northeast 3 rd Street right-of-way lying in the Plat of Arden Park. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A - Deve1 City Manager's Signature -L Planning and Zo n irector City Attorney / Finance / Human Resources S:\Planning\SHAREDIWP\PROJECTSì4 NE 3n1 StreetlABAN 04-004IAgenda Item Requesl Janis Group NE 3rd 2nd READING ABAN 04-004 9-2 I -04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 04- 07fo AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF THE NORTHEAST 3RD A VENUE RIGHT-OF- WAY LYING IN THE PLAT OF ARDEN PARK (ABAN 04-004); AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ron Janis and Karen Janis-Brown are requesting to abandon a portion of the Northeast 3Td A venue right-of-way. This 40 foot wide unimproved right-of-way is situated between Lots 11 and 30 of the Arden Park Plat; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and WHEREAS, staff has determined that the utility easement provides no public service; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the Northeast 3Td Avenue right-of-way. This 40 foot wide unimproved right-of-way is situated between Lots 11 and 30 of the Arden Park Plat, and more particularly described in the attached Exhibit "A." A location map is attached hereto as Exhibit "B." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this ~ day of ~, 2004. S:ICAIOrdinanceslAbandonmentslAbandonement -04-004 - NE 3rd Avenue.doc v -. -----'*~ ~ .... - ~-"'---'~-"'''----'._~-.----,--~-, ~~~-""-,--__.....,,,>,~_._'to:-.-.-_.- _~____.u SECOND, ANAL READING AND PASSAGE THIS _day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner A TrEST: City Clerk S:\CA\OrdinanceslAbandonmentslAbandonement -04-004 - NE 3rd Avenue.doc I I EXHIBIT "A" That portion of a 40 foot roadway known as N.E. 3rd Avenue, lying west of N.E. 3rd Street, lying south of Lot 30 and lying north of Lot 11, as shown on the Plat of ARDEN PARK, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida. SUBJECT TO a utility easement 12.00 feet wide whose centerline is also the centerline of said N.E. 3rd A venue. Containing 5,528.714 square feet more or less and subject to easements and right-of-way of record. S:\CA\OrdinanceslAbandonmenlslAbandonemenl -04-004 - NE 3rd Avenue.doc --- ._~_._~ - -_..._~~-~_.-_.._--. ___._u__u~_ _______-_~~~_.dOL DISCLAIMER KNOW ALL l\ŒN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of the Northeast 3rd Avenue right-of-way_ This 40 foot wide unimproved right-of-way is situated between Lots 11 and 30 of the Arden Park Plat, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ day of September, 2004. ATIEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) COUNTY OF P AiM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _ day of September, 2004. NOTARY PUBLIC, State of Florida My Commission Expires: S:ICAIOrdinanceslAbandonmenls\Abandonemenl -04-004 - NE 3rd Avenue.doc EXHIBIT "A" That portion of a 40 foot roadway known as N .E. 3rd A venue, lying west of N.E. 3rd Street, lying south of Lot 30 and lying north of Lot 11, as shown on the Plat of ARDEN PARK, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida. SUBJECT TO a utility easement 12.00 feet wide whose centerline is also the centerline of said N.E. 3rd A venue. Containing 5,528.714 square feet more or less and subject to easements and right-of-way of record. S:\CA\Ordinances\AbandonmentslAbandonement -04-004 - NE 3rd Avenue.doc ""-_'".- ~·__",~~-"-,"",,=---~~_____._<_-£.~_._~_·__.,o;o..___""'_~> _.. ~- .,-- _..~,~~.-.~..,,~~-'~'---'~.,ç.......>-_.~-- --. - DEVEUOPMENTDEPAR~ENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-189 TO: Chair and Members Community Redevelopment Agency THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP rt Planner DATE: August 4, 2004 SUBJECT: Abandonment of a portion of Northeast 3rd Avenue ABAN 04-004 NATURE OF REOUEST The applicants, Ron Janis and Karen Janis-Brown are requesting to abandon a portion of the Northeast 3rd Avenue right-of-way. This 4O-foot wide unimproved right-of-way is situated between lots 11 and 30 of the Arden Park plat The abandonment request was submitted on May 12, 2004. The platted roadway segment Is described as follows: , portion of N.E. 3rd Avenue lying in the Plat of Arden Pari< as recorded In Plat Book 2, page 96 of the Public ,ecords of Palm Beach County, Rorlda. Said land being described as follows: Bounded on the North by the South line of lot 30 Arden Park; Bounded on the South by the North line of lot 11 Arden Park; Bounded on the West by the Northerly extension of the lot 11, Also being the West line of the plat Arden Park; and Bounded on the East by the Southerly extension of the East line of lot 30, also being the West right-of-way line of Northeast 3rd Street, as recorded In the plat of Arden Park. Containing 5,528.714 square feet.more or less and subject to easements and right-of-way of record. The exhibit fA" - location Map shows the general vicinity of the right-of-way to be abandoned. The exhibit "B"- "Proposed Abandonment" shows the exact location of the subject site and Its legal description. The following Is a desa1ptlon of the land uses and zoning dlsbicts of all properties that surround the subject right-of-way. North - Developed commercial (Coastal Cydes), zoned General Commercial (C-4)¡ South - Partially developed commercial (Fred & Joe's), zoned General Commercial (C-4); East - Right-of-way for Northeast 3rd Street; and west - Developed residential, Two-famlly Duplex Residential (R-2). Page 2 Memorandum No. PZ 04-189 ABAN 04-004 BACKGROUND The subject right-of-way (formally known as Sheppard Street) lies partially within the boundaries of the Arden Park Addition to Boynton plat. The plat, originally approved In April of 1913, Induded 172 Individual lots, a 25-foot wide sbip of land along the florida East Coast (F.E.C.) right-of-way, and severallO-foot wide and 4O-foot wide alleys, which were dedicated for perpetual use by the public. The applicant Informed staff that It Is their Intention to abandon the unimproved right-of-way In order to develop additional parking for their tenant (Coastal Cydes) located at 403 Northeast 3rd Street. ANALYSIS When a right-of-way, such as this alley, Is abandoned, the ownership of the abandoned land Is transferred from the Oty of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected by an abandonment request. Normally, one-half of the right-of-way Is conveyed to one (1) abutting property owner and the other half Is conveyed to the other abutting property owner. Adequate public notice was given to all affected property owners In accordance with Chapter 22, ArtIde fiI, SectIon 4 of the land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised In the local newspaper. The applicants requesting this abandonment are the owners of the property to the north (Lot 30 Arden Park). Public records Indicate that Kenneth Schweitzer and Steven McGuirk own the property to the south (Lot 11 Arden Park). A summary of the responses from the utility companies and city staff Is noted as follows: CITY DEPARTMENTS/DMSIONS Engineering - No objection Public Works / UtIlities - Approval with conditions (see exhibit "C" - Conditions of Approval) Planning and Zoning - Approval with conditions (see exhibit "C" - Conditions of Approval) PUBUC UTlLm' COMPANIES Florida Power and Ught - No objection BeIlSouth - No objection Rorlda Public UtIlities Company - No objection Cable Company (Adelphla) - No objection Cable Company (Comcast) - N/A All public utility providers have Indicated that they have no objection to the applicant's request for abandonment. However, It must be noted that a wastewater line Is cun-ently located along the centerline of the unimproved roadway. Therefore, the Department of Public Works Is requiring that a utility easement be dedicated over the abandoned portion of the right-of-way. A dedication of a utility easement would grant the CIty legal access to the property for maintenance or upgrade purposes, while stili allowing the applicant to develop a portion of the property as a parking lot. lastly, the subject right-of-way terminates to the west of developed property preventing future extension of this right-of-way to connect with Northeast 2nd Street. There are also no Isolated parcels adjacent to the subject rlght- of-way which would rely solely upon this street: for access. RECOMMENDA110N Staff has determined that the subject alley does not serve a public purpose, and therefore is recommending approval of the request to abandon this portion of the 40-foot unimproved roadway as $ -.,-,,,,, ---_....-----~.- -'""---~".,.,.--~~~ ~- ----~ __'_T~'''''-,",-&<--~' ,~_....-",-. - --- ~--...~-<-~..-_."-. .-..- ~__"'_~__<"'_;o_'_, ,~_ Page 3 Memorandum No. PZ ()4..189 ABN<I04-OO4 described above, subject to the comments included in Exhibit ·C" - Conditions of Approval. Anyadditionar conditions recommended by the Community Redeveropm~nt Agency Board or by the Commission will be placed in Exhibit "C" - Conditions of Approval. S:\PIannlng\SHARED\WP\PROJECTS\409 NE 3rd Street\ABAN\Staff Report.doc I I III 1/ M ~ ... ~ I n I~ ~ ! 1 ~ - 125.0 _ ~ I ¡q I I j ~ -I R I ItA I r; 2 ~ ë I J I NF 4110 A.V~ .. .... C4 I I I I ~~~ I ~ ~ I ~ 1 Q ¡ I 2 [ I ~ I I ~ JŒ:3JII A'~F ~ - ~ I f If Ii¡ ID c. j 1j C3: @ ë '- J J I "I 'TN I UN Hl-iU ~... RI.Vn HoUTN I UN Mi:'.õ.i:" RIVn J ,...-- ~ ~ í1 ~ _.. ... . -- LOCATION MAP ABAN 04-004 EXHIBIT "A" ·~i· . .~ {. . ~~:._'~t-. ,- Jf~~~~ ~ ';;i~1' ~~¿~:~0:'; ~·:'':~·i :,."~" ......_.~_~ _ _. __-<_._~.~__. ___r__ ._"~___._~ - ,_.____0__ =.-___.,,-...~_>~..___f_>- I::AHII::III --un J ~I ill I ~> wes-l Úh~ t.A-Is // .ao . ~ f (WId â~ A,..."..',Q,;¡! .: ' r 8 ~ ø ;:}. 4t:J. tit/' m 2, f 8 8 2- , . W~,~~~,~ Zr t f f [~ __ __ ' ~ tu ~ ¡ ~ . 50.0' ~ ¡; ~~ a J It , ~~ ~.. I . f it ;;; n . ..~~. \}I .r·f l~ru j.. ~.~ I'I!~ II[ : 9 :\C~ ~, . U\' . I r r r ,i'~ I ~ ~ t i~'" .~ ~ . ~ ~ ~'('\' Irs..: [ [ . l i' ~ t' ~~ ~ ~ '§~" I i t~..? ~ j~ IlL 't ~ . ~ 1\ i '·1 i ¡ ¡ t J ~ ~ ~ ~ I I~ ~ ~ I ~. 2, r [ , [, I : ~ ~ ~ "''''. I if .. ~ ~ [r j I ~ ~ ~ ~ w 0 J2. ~' II I , ~ ~ ~ 0 . I [ . It ' Ù\ ~ ~w~ ~ 'I i'~ I I' ~ tt)..!!" ¡: t f . S ~ ~~ I· I ~ l 'i M -_' . '2. I ei I 'br.,B _ ~o.~ . ~ Wq ~h'<l>~ ' ," 2c. ' .st:J.~ I ! t f f ~ j' 4~ð!' -3 . I 2. ~ 2. ~ ~ ' J'"q~:r ~ <q;;-'~~ !! I f "J ~ _ 4t?~, (,IV" ~. t: i ~ ~ ... '"..' , . i; , U ~ IIUII § illll ~ ~ J2 71 11 ~llili 1~lgl'~ ¡SI i I i Ir p¡ ~~ I !lllbl i~11 ~ ~ ~fll I Ildl~ ~I II ~-~ 111 i -:c ~I - '-i :1\ . In . f il~iil ;1111 ~ ~ i ~ .;; . 11;1. Ipg~ ~ ~ , 'ó f~ q N II pl~ ~ z~ ~ z ~ . ~ ï ~~ I.:::~ !IIUI NI I ~~.;,>:;. ¡ I~ 1 ¡¡I . :co...... .ill'· U 1[.. . or .~:!;,¡! ~ ì' " ..Iii I ..... ... ·mJ i r II å~ ". ¡:; ~I i~~=~: Id;~'-·:, 'Ii ~f 111J . ~ ~ 'I ¡ ~ - '~I ...:./ \0 . I. ,. . ~f ,~'" , Ilal ·11& ~ :~.. I lis . d~! EXHIBIT "C" Conditions of Approval Project name: 409 Northeast 3rd Street File number: ABAN 04-004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. A wastewater line is currently located within the centerline of the unimproved X roadway. Therefore, a utility easement is required to allow the City legal access to the site in case of an emerg;ency. 2. No outside storage, structures, or landscaping shall be placed within the X confines of the required utility easement without the express written consent of the Eng;ineering; Division of Public Works. 3. The legal description needs to read as follows: X "That portion of a 40-foot roadway know as N.E. 3rd Avenue, lying west of N .E. 3rd Street, lying south of Lot 30 and lying north of Lot 11, as shown on the Plat of ARDEN PARK, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida; SUBJECT TO a utility easement 12.00 feet wide whose centerline is also the centerline of said N.E. 3rd Avenue." POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION ... ~,' " : .."."'. - -~- --- -----,,-"..-"?~ ~,->--., - . -.- ~._--- ~ -- ,. . Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 4. The dedication of the utility easement shall occur prior to the second reading X of the ordinance. PUBLIC UTILITY PROVIDERS Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be detennined. S:\PIannk1g\SHAREDlWPIPROJECTS\409 NE 3n1_NICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 409 Northeast 3rd Street (Janis Group, Inc.) APPLICANT'S AGENT: Ron Janis and Karen Janis-Brown APPLICANT'S ADDRESS: 608 North Dixie Highway lantana, Florida 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 17, 2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of the Northeast 3rd Avenue right-of-way located between lots 11 and 30 of Arden Park. lOCATION OF PROPERTY: Located near 409 Northeast 3rd Street, which is located at the northwest corner of Northeast 3rd Street and Northeast 3rd Avenue, more generally located west of Railroad Avenue and north of Boynton Beach Boulevard. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MA TIER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR X THIS MA TIER 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:\PIannlng\SHARED\WP\PROJECTS\409 NE 3rd Street\ABAN\DO.doc . "'"- "" ~2~-_ _ _.~·____-.._;_"""____....._..á""",,,,",-__.._~__",,,",,-,_~~___~ ..... ~-~~~-~.,..'..,--'---,....,..._--4t--.- .- ...-" ~ 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 City Clerk's Office o August 3, 2004 (Noon.)1uly 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 [8J September 2], 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 Ç") 0 0 .~ .£?::¡ Administrative Development Plans U) --¡-< 0 Consent Agenda 0 New Business rT} --<0 NATURE OF \) n"TJ AGENDA ITEM 0 Public Hearing ~ Legal , '-ro 1.0 íT10 ::0--< 0 Bids 0 Unfinished Business ;r.::,. ~z ~ (.I')-f 0 Announcement 0 Presentation C> D::z: ..c- -." 0 City Manager's Report .. -." œ ut -fT¡ -...J c» 0lc-:p :z: RECOMMENDATION: Please place this request on the September 21 , 2004 City Commission Agenda under Legal, Ordinance - First Reading and Second Reading. First Reading was originally to be combined with the corresponding public hearing item on September 7th, timed with the advertised Second Reading date of September 21 st. As First Reading was inadvertently excluded ITom the September 7th agenda, First Reading should occur on September 21 st, and Second Reading should be tabled to the October 5th meeting. This scenario will allow for the proper tabling of2Dd Reading and prevent expiration of the current legal advertisement. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-20]. EXPLANATION: PROJECT: Quantum Park NOPC #14 (DRIA 04-001) AGENT: Eugene Gerlica, Quantum Group of Companies OWNER: MFT Development, Inc. LOCATION: West side ofInterstate 1-95, between Miner Road and the Boynton (C-16) Canal DESCRJPTION: Request for Development of Regional Impact Amendment (DRIA) to create the new land use option "Industrial with Retail Sales" (Ind/R), to add this use option to lots 17,21, 50A and 52 and to re-designate lots 81 and 82 to "Governmental & Institutional". PROGRAM IMPACT: FISCAL IMPACT: ~ ALTERNATIVES: City Manager's Signature . Planning and Zoning ector City Attorney I Finance I Human Resources S:\PlanningISHARED\WP\PROJECTS\Quantum Park Amendment #]4 + MPMD\Agenda Item Request Quantum Pk NOPe #]4 DRIA 04-00] 9-2]-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.I:><x: ORDINANCE NO. 04- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 84-51, AS ¡ SUBSEQUENTLY AMENDED, OF THE CITY OF BOYNTON BEACH BY ADOPTING AN AMENDMENT TO THE QUANTUM PARK DEVELOPMENT OF REGIONAL IMP ACT, KNOWN AS THE QUANTUM PARK DRI DEVELOPMENT ORDER, BY MODIFYING THE MASTER PLAN LAND USE DESIGNA nONS FOR LOTS 17, 21, 50A, AND 52 FROM OFFICE/INDUSTRIAL (O!) TO OFFICE/INDUSTRIAL (01) AND INDUSTRIAL WITH RETAIL SALES (IND/R), AND BY MODIFYING THE MASTER PLAN LAND USE DESIGNA nONS FOR LOTS 81 AND 82 FROM OFFICE/INDUSTRIAL/COMMERCIAL (OIC) TO GOVERNMENTAL & INSTITUTIONAL (G&I); PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Quantum Park of Commerce ("Quantum Park PID") is a partially built- out Development of Regional hnpact ("DRI") comprised of 553.13 acres, zoned Planned Industrial Development (liPID"), and located on the west side of Interstate 95, ftom Miner Road extended south to the Boynton C-16 Canal; and WHEREAS, MFT Development, Inc. is requesting an amendment to the Quantum Park DRI Development Order, adopted by the City Commission of the City of Boynton Beach December 4, 1984 under Ordinance No. 84-51, and subsequently amended by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02, 01-54, and 02-54; and WHEREAS, the proposed Amendment, referred to as Amendment #14 proposed amending the existing use designations on several lots in the Master Plan for Quantum Park, including the creation of a new designation called Industrial with Retail Sales ("IND/R") on the real property located in Palm Beach County, Florida, and more particularly described in the attached Exhibit "A"; and H:\900182.bb\ord\DRl Amd - NOPCI4.doc Page 1 -- j ----- . .,"--~----_._-- ,- .- --- .-. - -"~ _,~_""'<~.A~"_ ____~_'<_"~____~'..._ _.. WHEREAS, MFT Development, Inc. has submitted a Notice of Proposed Change ("NOPC") in accordance with the requirements of Section 380.06(19), Florida Statutes, said NOPC to be reviewed by the Florida Department of Community Affairs ("DCA"), the Treasure Coast Regional Planning Council ("TCRPC"), and the City; and, WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter City Commission), the governing body of the local government having jurisdiction, pursuant to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider NOPCs; and WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the Department of Community Affairs and the TCRPC; and WHEREAS, this City Commission has on September 21, 2004 and on October 5, 2004, held a duly noticed public hearing on the Application and has heard and considered the testimony taken thereat; and WHEREAS, the Treasure Coast Regional Planning Council has reviewed the NOPC and pursuant to the procedures of Section 380.06, Florida Statutes has detennined that the roposed changes will not create additional regional impacts; and WHEREAS, this City Commission has received and considered the report and ecommendations of the Planning and Development Board of the City of Boynton Beach; and WHEREAS, this City Commission has made the following FINDINGS OF FACT CONCLUSIONS OF LA W with regard to the MFT Development, Inc. application for amendment to the Quantum Park DR! Development Order; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Page 2 Section 1. The foregoing Whereas clauses are true and correct and incorporated i herein by this reference. Section 2. That the City Commission of the City of Boynton Beach, Florida makes the following findings of fact regarding the Notice of Proposed Change submitted by MFT Development, Inc., the "Master Developer" related to the an amendment to the Quantum Park Development of Regional Impact, previously approved by Ordinance No. 84- 51, and subsequently amended by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65,97-20,99-05,00-02,01-54, and 02-54; and FINDINGS OF FACT A. The proposed development is not in an area of critical state concern designated pursuant to the provisions of Section 380.05, Florida Statutes; B. A State Comprehensive Planning Document has been recognized by the legislature as an advisory policy document for the entire State of Florida, and the proposed development does not unreasonably interfere with the achievement of the objective of this advisory policy document; C. The proposed amendment to the Development of Regional Impact Order (DR!) Development Order will be consistent with the corresponding amendment of the adopted comprehensive plan for the City of Boynton Beach and are, or will be, consistent with the local land development regulations, subject to conditions outlined herein and Part III, Land Development Regulations of the City of the Boynton Beach Code of Ordinances; and H:\900] 82.bb\ord\DRI Amd - NOPC] 4.doc Page 3 - .."---. _. ._.__~_~<O- __ ~ . -~_,,-. 0" _4 -- ~"",__",;,-~___.O_'__"'~~___~---'"_<-'-___P'-_" D. The proposed development will be consistent with the submitted and reviewed by the Treasure Coast Regional Planning Council pursuant to Section 380.06(8), Florida Statutes. CONCLUSIONS OF LAW It is hereby detennined by the City Commission of the City of Boynton Beach, Florida, in a public meeting, duly constituted and assembled this 5th day of October, 2004, that the Notice of Proposed Change to the Quantum Park Development of Regional Impact submitted by the Master Developer is hereby ordered Approved, subject to the provisions of this Ordinance and the Conditions of Approval attached hereto as Exhibit "B", and incorporated herein by reference. 1. That this amended DRI Development Order shall constitute the Development Order of this Commission issued in response to the Notice of Proposed Change for the Quantum Park DRI filed by the Master Developer. 2. That the definitions found in Chapter 380, Florida Statutes shall apply to this amended DRI Development Order. 3. That the Development Order shall be amended to modify the Master Plan designation of certain lots subject to the Quantum Park DRI Development Order, as follows: The Master Plan designation of Lots 17, 21, 50A, and 52 is changed ÍÌ"om Office/Industrial (OJ) land use to Office/IndustrÌal (OJ) and Industrial with Retail Sales (INDIR). The Master Plan designation of Lots 81 and 82 is changed :trom a Office/IndustriallCommercial (OIC) land use to Governmental & Institutional (G&J). H:\900J 82.bb\ord\DRI Amd - NOPCJ4.doc Page 4 4. That this amended DRI Development Order shan be binding upon the Master ¡ Developer and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shan be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this amended DRI Development Order. 5. That in any event that any portion of section of this amended DRI Development Order is detennined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this amended DRI Development Order, which shall remain in fun force and effect. 6. That the approval granted by this amended DRI Development Order is conditional. Such approval shall not be construed to obviate the duty of the Master Developer to comply with all other applicable local or state permitting procedures. 7. The amendments proposed by the Master Developer do not create any additional impacts and therefore do not constitute a substantial deviation under Chapter 380.06, Florida Statutes. 8. Actual development phasing will depend upon economic circumstances and Master Developer's internal business growth. Any proposed development described in the Notice of Proposed Change are for planning purposes only and the actual development schedule may vary therefrom. 9. The amended DRI Development Order set forth in Section 1 hereof shan become effective upon adoption of the ordinance amending the land use designations for H:\900182.bb\ord\DRl Amd - NOPCI4.doc Page 5 --. .-. ~ ~_._....--,...~---~ -- ,- .- .__..~-. _.__~_ ._ ~~,,__ =~_.~__4 -"__...o.~~,.....¡.. _._~~_ certain Lots designated in the Master Plan, provided such date shall be extended until completion of appellate procedures, if any, relating to the issuance of this amended DRI Development Order. 10. Copies of this Ordinance incorporating the amended DRI Development Order amending the land use designation of the subject property to Development of Regional Impact shall be transmitted immediately by certified mail to the Division of Community Planning, the Treasure Coast Regional Planning Council, and the Master Developer. 11. Except as otherwise amended herein, the Development Order shall remain in full force and effect. Section 3. Except as provided herein, the Master Developer shall proceed in strict accordance with all ordinances of the city of Boynton Beach, including, but not limited to, its building, electrical, plumbing, subdivision, planning and zoning codes, and an rules and regulations of the State of Florida Department of Environmental Protection. Section 4. That should any section or provision of this Ordinance or any portion thereofbe declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. This ordinance shall become effective immediately upon its passage. H:\900182.bb\ord\DRI Amd - NOPC14.doc Page 6 FIRST READING this _ day of , 2004. I SECOND READING and FINAL PASSAGE this _day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk H:\900182.bb\ord\DRI Amd - NOPC14.doc Page 7 ".~ -_.._-~-.- ~~--~~----- -- .-- -.---, -~"- --,-----~- - - ,.> -~. _.<~~~."-. >-,---...,_.-,~~--~ '>--'--~ ,,,.-~,~~---,--- DEPARTMENT OF DEVELOPMENT MEMORANDUM NÇ>. PZ 04-201 TO: Chair and Members Planning and Development Board THROUGH: Michael RumPf~~~ Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: August 11, 2004 SUBJECT: Quantum Park - DRIA 04-Q01/MPMD 04-005 Master Plan Amendment #14 NATURE OF REQUEST Quantum Park of Commerce (a.k.a. Quantum Park PID) is a partially built-out Development of Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development (PI D). It is located on the west side of 1-95, between Miner Road extended and the Boynton Canal - (C-16). (See attached Exhibit "Þ\ - Location Map). The applicant, MFT Development, Inc. is requesting an amendment to the Quantum Park DRI Development Order (D.O.) adopted December 4, 1984 by Ordinance No. 84-51. The original D.O. was subsequently amended 12 times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02, 01-54 and 02-54. The City Commission denied Amendment #11 on February 20, 2001. The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan. Amendment #14 proposes amending the existing use designations on several lots in the Master Plan, including creation of a new "INDIR" (Industrial with Retail Sales) designation. All requested changes are depicted in Exhibit "c" - Proposed Master Plan and described as follows: 1) Change in the Master Plan designation of Lots 17,21, 50A and 52 from Officellndustrial (Ol) land use to Office/Industrial and Industrial with Retail Sales (01 & IND/R). The proposed designation includes office and industrial uses as before, with the addition of retail sales associated with an allowable industrial use; and 2) Change in the Master Plan designation of Lots 81 and 82 from a land use of Officellndustrial/Commercial (OIC) to Governmental & Institutional (G & I). BACKGROUND An amendment to a D~veloprnent of Regional Impact (DRI) is first and foremost governed by Rorida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) in accordance with the staMory requirements. The NOPC is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (RPC) and the City. The DCA and the RPC are reviewing the Quantum Park - DRIA 04-001/MPMD 04-005 Memorandum No. PZ 04-201 proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06 (19). 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 DR!. 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 Quantum Park 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 then they may take action to approve or deny the requested change. The original DRI Development Order adopted a Master Plan for Quantum Park. That Master Plan has been amended over the years, the most recent change being approved on October 15, 2002. The proposed Amendment #14 alters the approved land uses for that Master Plan. Therefore the review of the DRI amendment also constitutes a review of the changes to the Master Plan for Quantum Park. 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 August 10, 2004. ANALYSIS Notice of Proposed Chanae (NO PC) - 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 only one of the criteria applies to the proposed changes for Quantum Park DR!. This criterion, which is applicable for review of this proposed change 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". 4. 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 a authorized multiuse 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. As part of the NOPC application the applicant is to complete a "Substantial Deviation Determination Chart". The applicant has provided an updated chart. Amendment #14 involves changes to four land use categories: OfficelindustriaVCommercial, Office/Industrial, Governmental & Institutional and the creation of Industrial with Retail Sales (INDIR). There is a loss of Offlce/lndustriaVCommercial (OIC) acreage. but the allowable square footage thresholds would not change on the Master Plan. Simultaneously, there Is an increase in the Govemmental & Institutional (G & I) acreage. These· changes are reflected in the -Notes- section on the Master Plan. The proposed 2 '-.", ---"'----~._-->"""----~ '-14- Quantum Park - DRIA O4-o01/MPMD 04-005 Memorandum No. PZ 04-201 increases and decreases are presumed to maintain the vested traffic generation level of 63,752 average daily trips (ADT). Conclusion The proposed changes delineated in Amendment #14 are determined not to be a substantial deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a non-substantial deviation finding. This determination is subject to satisfying Condition of Approval #3 regarding Palm Beach County Traffic Performance Standards. Master Plan Modification The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park DR!. There are two (2) major changes proposed. The applicant provided the following descriptive summary of these changes. lots 17.21. 50A and 52 (10.85 Acres) These lots were previously designated as Officelindustrial (01) land Use. The land Use would be revised to "Office/lndustrial and Industrial with Retail Sales (01 & IND/R)". lots 81 and 82 (9.39 Acres) These lots are currently designated as Office/lndustrial/Commercial (OIC) land Use. The land Use would be revised to "Governmental & Institutional (G & I)". Table 1 provides the proposed acreage changes to the DRI Master Plan. TABLE 1: DRI MASTER PLAN LAND USE ACREAGE CHANGES 79.82 0.00 55.90 9.39 All other categories on the Land Use Acreage Table remain the same as approved in Amendment #13. The Quantum Park DRI acreage total of 553.13 also remains unchanged. The Quantum Park DRI has been amended 12 times over the years, which is not unusual for a DRI of this type. The Florida 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 3 Quantum Park - DRIA 04-001/MPMD 04-005 Memorandum No. PZ 04-201 wish to propose changes to an approved development of regional impact, including changed market conditions". These 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. Impacts Reaional 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 Quantum Park DRI the major issue is whether there will be an increase in traffic resulting from the land use redistribution/re-designation. A provision in Amendment #8 to the Quantum Park development order requires that.. A traffic study shall be submitted with any future application requesting a change in use designations on any lot. A cursory review of the traffic study was conducted by staff during the Technical Review Committee (TRC) process. Additionally, the applicant has transmitted the traffic study to the Palm Beach County Traffic Division for their customary review and approval. Based on the TRC review of the Master Plan, including the traffic study, no additional regional impacts are evident. The vested number of trips, 63,752 is presumed to remain unchanged due to the balancing of increases and decreases in the intensities of the proposed changes to the land use designations. The Palm Beach County Traffic Division has not completed their review at this time. The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning Council (TCRPC) focus their review of the amendment on regional issues exclusively. Staff has not yet received a formal written response from DCA, however TCRPC has responded that the proposed changes will not create additional regional impacts. 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 changes is within the jurisdiction of the City. As such, the City's main focus is local issues and impacts. There were no significant local issues identified by the TRC members at this time. The Utilities Department has indicated that any unforeseen impacts to the water and sewer systems and related levels of service will be bome by the developer. The updated Traffic Impact Analysis submitted with the request for amendment indicates that there will be no increase in the allowable intensities of development. The traffic generation levels will remain within the limits for which the DRI is vested. Turning movements and signalization issues can be evaluated and addressed at the Master and Technical Site Plan stage. Drainage will also be reviewed in detail as part of the Master and Technical site plan approvals, and must satisfy all requirements of the City and local drainage permitting authorities. 4 - -,--."",,-=- ---~....~-<~- ._. ._.-<o'_~_-~_~ >~_. -~~----~-~ ~_..........~,~.--=-~. ---··-·_·....,__-__,....,____·,·,_,--_.<-.__~·4._ --- -. - ;.- Quantum Park - DRIA 04-o01/MPMD 04-005 Memorandum No. PZ 04-201 Consistency and Compatibility with City Policies Of the changes proposed by the applicant, none present issues that are contrary to city policies. The proposed changes are discussed below. lots 17. 21. 50A and 52 - lots 17,21 and 52 are all vacant parcels on Gateway Boulevard between Quantum Boulevard and the lWOO E-4 Canal. lot 50A is located on High Ridge Road, south of Gateway Boulevard. lots 17, 21, and 52 are situated between groupings of properties designated as Mixed Use and/or Commercial. The addition of retail sales in conjunction with recognized industrial businesses would appear to be highly compatible. lot 50A is a vacant parcel, six (6) lots south of CarMax on High Ridge Road, south of Gateway Boulevard, intermingled with a number of parcels designated Office/Industrial (01). The proposed revision to include retail sales as a part of an industrial operation would appear to be compatible with the surrounding industrial businesses, which may already have a wholesale component, and office type businesses. There appears to be no downside to the proposed change on these lots and the new designation should improve the marketability of these parcels, ultimately leading to construction on the properties and introduction of new business to Boynton Beach. lots 81 and 82 - The second part of the requested amendment is to change the designation of vacant lots 81 and 82, located at the southeast comer of Gateway Boulevard and High Ridge Road, from Office/lndustriaVCommercial (OIC) to Govemmental & Institutional (G & I). As the City of Boynton Beach has purchased the two lots totaling 9.39 acres for future City use, including possible construction of a Fire Administration Building along with a fire station for the northeast section of the City, the Governmental & Institutional (G & I) designation is totally appropriate. Conclusion As indicated herein, the impacts of the proposed ORI amendments on the utility systems, roadways and public facilities are either within the existing capacities or additional provisions will be required of the developer to ensure that levels of service standards are not compromised. The proposed amendments are consistent with City policies and appear compatible with surrounding land uses. 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. Therefore, staff recommends approval of ORIA 04-001 subject to the Conditions of Approval attached in Exhibit -0". Regarding the proposed modifications to the Quantum Park Master Plan staff recommends approval of designating lots 17, 21, SOA and 52, Office/Industrial and Industrial with Retail Sales (01 & INO/R) and designating lots 81 and 82, Governmental & Institutional (G & I), subject to the Conditions of Approval attached in Exhibit -0". S:\PlANNING\SHAREIf,WPI'ROJECTS'tQUAN'TUN PARK 2004 AMEND 1f14+ MPMDlDRIA 04-001\STAFF REPORT 1f14.DOC 5 r . . .:,,,;.'.;0; ~ - . .: . '~Ið~ 'O~,~^T~~N··' ·:·-M·, : EX·H. _':·IB··~·-~·~A·' .. __ . _~/';\u~,. ..' - . .. lel·~ _, . .m ·'!r.·Ä~~·· ;,...p:......':,¡- ._,:: ..., : AP : .. ~..:<:'. ,....,...J.~. '.. ~.rf.i~. - ,;.; r£ .., . . T· '0' M:· ":R"iÄ~A~K'" :-~..._.- ..L.. _.::--:-.....-..,e"; . ~_~;;n:. . . .' - ." .....C"..~. .. --- :: . .. .... , :---::----.. '.' ," . _ . ....... 1:' NOT" . ; (!rIID~ ~.... ~ -i. IN . . · 1_....Mrta1 b . CITY · 'A~ 1 · '" I -: r jt= R - ~. . .... '~' ... r ~;:) ~.... I It- ~ ~~:.. H í\ . '. I- : - ~..:' rT')... · ñ!J \' - -. · .1' If ; ~ f;:r ~ ~. ~ ~""H~ ,- --~. --. :imb . ""\)J /n .,..." J j" t · ...---' -..- ~~, / .., r;; J . .... 0-" 7'." \ I... A iio. ~/ '-=7 f"..,7"' = . f/ I' --'"'.... ~rï] ~ lA I h , V ¡~. . .,/' ~ :: OV! II' ~ . I ~ . '- 1- .." · . I ~l 0 . !. ........~ . . ~ ~ì .' '-fri' . .~ [I ,'- C~ " JI ~.:3:\ 1 ,\ '>!/ ~ I .;r...... ) I _,- .·c..::··..···· ~.~ :J . ' "I --~ · '- , , ~ ,., ~ t - fj _. . _..1. ~ I. , . _--'" ' '. ,. I _ " _~'N. .,. ...'" r . . - 1(;1' þ- -"'\ . <~ / . I'l j -'1 / 6~'1 -r--~ ¿J.,. ~ I ,¿: t ' U .:., ~ ,,,, ~ " : At" 'T ' ~ !Ç , . . ., Oy N~ ...ø:. _.....'1- ' ... . __ ___...H b ::: . ' ,. ~. K OF COMMER ~. ... "," . ' ,- .. , . \U ' ~ .'Ma~RDLAid 7J. ~.., r i r , ., l ~ !,., : ,_ , " ' .., ... " .: - . h'/"'t :. ~,:; , ,_ ". .....,. : . ~. ., r-zr- I~ . .' .' . ·ll~ n r . I...· ., ~ æ! . ....' . . '. ..... ,; ." . ~ PUt _ . ...... a.... . 1"1 . . - .....' . ~ .' ~ '. .' .' ~..' . '-1 IT·..··· .. - . ~ . ~. . ¡: .. ....-.: ""'~ . ....' , - ~ . ~ '" .~,' . _ 'RT L I- I- .'-- _ ""' 1""" I L ¡.. ... .... ~ E I- - "" ~:...;I . ; - ~ L' ... 1-- 6: ~ ' .' .~~ i: .~:. '0 1/8 MIL~5V ' ", .. , . ~~ 0 4·O·80·O.FE· .,J . M .__ .' ET .'. _ _ _ m: - - - ~ - --- - - ~ I - -. is - EXHIBIT "B" ! a I r~ . Ilr ;1·51 -' ¡¡or .1 ~ In !.. .. ~!!!II!mB!·· B . Ii!·· !~ 111!n+'~ .. .,.,.!!¡ b ; I.:..."," t . III ¡ I ¡I . .. t:oDIIU ! un ~ I .II ~ . 'Js ,. î 8~ . . ,.. .-'. !~ ;. r . ! g§ $ ,- Ii riji II ~jl! J I ph R J .. I .! I J I .. I :1 I ¡ I I:AIÐO ~-4 ~ I I I J I I J - I I =-...:. I I I I J I J I .~ I ,.. --------------- I ~ I I --- . I : ~y SQIII!HO:) -- __ I I I J --------tH ....j ~ ,h . iiB . ~ ¡! 1¡lt : ¡f' .~ II ~ II ~ . .. I I. 'I (P-! i .. "I I i i~ ; . ¡¡rl'l! I JllgllI I . ,. u-: ùII! I I ~I ~r Ili!!lH . ""'1' .. ........ ~". w EXHIBIT "Cn ~ :n I I ~ II III~! l1li11111111 I I : I ~ . Ii n' !!ll1IQ!!1 I ¡ -, ~ I. ~I ; Ilhløl; ¡ I.! r r ! ~ I itll ~ hf:o..Kn~ ... L:....K~lbl un . .. . ~111a I .. I I ~ ~ ð ~ =1.; III I~ . Ii Ef-------- .. I> I I ! I I §~ å I I ¡g11~ I I I I. I ~ill I I i . I :-1- .¡ I .¡ .¡ ~¡I! : 111 , I J I If ! 21fi I: I I I !. J I: I I I .. - I :·1 I I I I I I I I I I I I ... I I I I I I I ~ i I I I - I I I hd~ ~------------------ -------- ~ .. 3fVG\VSS3ll9llOO -------- !!~ I~ ¡ II ¡ 1 IR I III ": I · I iiili' '~ I.. II .t....... , - ~·__k~ .-._---~""'--'""-. .,~. EXHIBIT "D" Conditions of Approval Project name: Quantum Park NOPC #14/ Master Plan Modification File number: DRIA 04-001 MPMD 04-005 Reference: Master Plans identified with a Julv 7, 2004 Planmn~ & Zomn~ date stamlJ markin~. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. The applicants will be subject to all applicable rules and regulations of all X ~ovemin~ a~encies as each site is individually developed. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. 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. 3. Provide notice of concurrency (Traffic Performance Standards Review) X from Palm Beach County Traffic Engineering. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECfS\Quantum Park Amendment #14 + MPMD\COA.doc .do _- _ --_K___~~ ..____ù- =......ft_~_--....n _ - ___;__'*____"'_..0'-.". - ----;.--."."....... ..~_h'--.o:__.< ._ ~~¡ CITY OF BOYNTON BEACH AGENDA'ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of agenda reauest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Deadline for Submittal to City P &. D/CRA Requests Deadline Clerk's Office All back u material is attached All exhibits are attached & marked e. . Exhibit "A' --t'Ò~ Department Head's initials: ' Quantum Park NOPC #14 (D . 04- 01» Please do not write in the shaded area below. ~)~rp~~~;: XII. - LEGAL CITY OF BOYNTON BEACH ITEM 8.1 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned J Meetinf. Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19,2004 c=J October 5, 2004 (Noon) September 20,2004 c=J August 17, 2004 (Noon) August 2, 2004 c=J October]9,2004 (Noon) October 4, 2004 D September 7,2004 (Noon) August ]6,2004 D November 3, 2004 (Noon) October 18, 2004 ~ September 21, 2004 (Noon) September 7, 2004 D November 16,2004 (Noon) November 1,2004 C"") 0 £?=i 0 Administrative D Development Plans (.I') --""< D Consent Agenda D New Business fT1 -<0 NATURE OF -0 ::-)~ AGENDA ITEM 0 Public Hearing ~ Legal I ;~0~ \.0 0 Bids 0 Unfinished Business :::r: :; :;:,.. . ...... =ç: -J) --J 0 Announcement D Presentation <::J 0 - ~;;c City Manager's Report .. """'leu err - fõ'1 -.J CJþ. 01 C") :J: RECOMMENDATION: Please place this request on the September 21, 2004 City Commission Agenda under Legal, Ordinance - First Reading and Second Reading. First Reading was originally to be combined with the corresponding public hearing item on September 7th, timed with the advertised Second Reading date of September 21st. As First Reading was inadvertently excluded from the September 7th agenda, First Reading should occur on September 21 s" and Second Reading should be tabled to the October 5th meeting. This scenario will allow for the proper tabling of 2nd Reading and prevent expiration of the current legal advertisement. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-20l. EXPLANATION: PROJECT: Quantum Park NOPC #14 (DRIA 04-001) AGENT: Eugene Gerlica, Quantum Group of Companies OWNER: MFT Development, Inc. LOCATION: West side ofInterstate 1-95, between Miner Road and the Boynton (C-16) Canal DESCRIPTION: Request for Development of Regional Impact Amendment (DRIA) to create the new land use option "Industrial with Retail Sales" (Ind/R), to add this use option to lots 17, 21, 50A and 52 and to re-designate lots 81 and 82 to "Governmental & Institutional". PROGRAM IMPACT: FISCAL IMPACT: ~s AL TERNA TIVES: Ity anager sIgnature Planning and Zoning ector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #14 + MPMD\Agenda Item Request Quantum Pk NOPC #14 DRIA 04-001 9-21-04.doc S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC I ORDINANCE NO. 04- ì AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 84-51, AS SUBSEQUENTLY AMENDED, OF THE CITY OF BOYNTON BEACH BY ADOPTING AN AMENDMENT TO THE QUANTUM PARK DEVELOPMENT OF REGIONAL IMPACT, KNOWN AS THE QUANTUM PARK D~ DEVELOPMENT ORDER, BY MODIFYING THE MASTER PLAN LAND USE DESIGNATIONS FOR LOTS 17,21, 50A, AND 52 FROM OFFICE/INDUSTRIAL (01) TO OFFICE/INDUSTRIAL (01) AND INDUSTRlAL WITH RETAIL SALES (IND/R), AND BY MODIFYING THE MASTER PLAN LAND USE DESIGNATIONS FOR LOTS 81 AND 82 FROM OFFICE/INDUSTRIAL/COMMERCIAL (OIC) TO GOVERNMENTAL & INSTITUTIONAL (G&I); PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Quantum Park of Commerce ("Quantum Park PID") is a partially built- out Development of Regional Impact ("D~") comprised of 553.13 acres, zoned Planned Industrial Development ("PID"), and located on the west side of Interstate 95, horn Miner Road extended south to the Boynton C-16 Canal; and WHEREAS, MFT Development, Inc. is requesting an amendment to the Quantum Park D~ Development Order, adopted by the City Commission of the City of Boynton Beach December 4, 1984 under Ordinance No. 84-51, and subsequently amended by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02, 01-54, and 02-54; and \VHEREAS, the proposed Amendment, referred to as Amendment # 14 proposed amending the existing use designations on several lots in the Master Plan for Quantum Park, including the creation of a new designation called Industrial with Retail Sales ("IND/R") on the real property located in Palm Beach County, Florida, and more particularly described in the attached Exhibit "A"; and H:\900182.bb\ord\DRI Amd - NOPCI4.doc Page 1 r - 'V - ',... i _ - 'I ~ -, __ _~""",......___~....__~_ __., ,_m ____ - ~~-~-_._~ '~---_'__~~___J~".____~'1+ \VHEREAS, MFT Development, Inc. has submitted a Notice of Proposed Change ("NOPC") in accordance with the requirements of Section 380.06(19), Florida Statutes, said NOPC to be reviewed by the Florida Department of Community Affairs ("DCA"), the Treasure Coast Regional Planning Council ("TCRPC"), and the City; and, \VHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter City Commission), the governing body of the local government having jurisdiction, pursuant to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider NOPCs; and WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the Department of Community Affairs and the TCRPC; and WHEREAS, this City Commission has on September 21, 2004 and on October 5, 2004, held a duly noticed public hearing on the Application and has heard and considered the testimony taken thereat; and WHEREAS, the Treasure Coast Regional Planning Council has reviewed the NOPC and pursuant to the procedures of Section 380.06, Florida Statutes has detennined that the roposed changes will not create additional regional impacts; and WHEREAS, this City Commission has received and considered the report and ecommendations of the Planning and Development Board of the City of Boynton Beach; and WHEREAS, this City Commission has made the following FINDINGS OF FACT CONCLUSIONS OF LA W with regard to the MFT Development, Inc. application for amendment to the Quantum Park DR! Development Order; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: :\900182.bb\ord\DRI Amd - NOPC14.doc Page 2 I! Section I. The foregoing \Vhereas clauses are true and correct and incorporated herein by this reference. Section 2. That the City Commission of the City of Boynton Beach, Florida makes the following findings of fact regarding the Notice of Proposed Change submitted by MFT Development, Inc., the "Master Developer" related to the an amendment to the Quantum Park Development of Regional Impact, previously approved by Ordinance No. 84- 51, and subsequently amended by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65,97-20,99-05,00-02,01-54, and 02-54; and FINDINGS OF FACT A. The proposed development is not in an area of critical state concern designated pursuant to the provisions of Section 380.05, Florida Statutes; B. A State Comprehensive Planning Document has been recognized by the legislature as an advisory policy document for the entire State of Florida, and the proposed development does not unreasonably interfere with the achievement of the objective of this advisory policy document; C. The proposed amendment to the Development of Regional Impact Order (DRI) Development Order will be consistent with the corresponding amendment of the adopted comprehensive plan for the City of Boynton Beach and are, or will be, consistent with the local land development regulations, subject to conditions outlined herein and Part ill, Land Development Regulations of the City of the Boynton Beach Code of Ordinances; and H:\900182.bb\ord\DRI Amd - NOPCJ4.doc Page 3 --~.--- .. __......<_~~_,~__.__ o"____. _. <____..___._,__:~.__,,___~'>_'8<__ -. <~-_~'__4_"___-,>-O__"~___--="'__ ------Þ' ---- - D. The proposed development will be consistent with the submitted and reviewed by the Treasure Coast Regional Planning Council pursuant to Section 380.06(8), Florida Statutes. CONCLUSIONS OF LAW It is hereby detennined by the City Commission of the City of Boynton Beach, Florida, in a public meeting, duly constituted and assembled this 5th day of October, 2004, that the Notice of Proposed Change to the Quantum Park Development of Regional Impact submitted by the Master Developer is hereby ordered Approved, subject to the provisions of this Ordinance and the Conditions of Approval attached hereto as Exhibit "B", and incorporated herein by reference. 1. That this amended DR! Development Order shall constitute the Development Order of this Commission issued in response to the Notice of Proposed Change for the Quantum Park DRI filed by the Master Developer. 2. That the definitions found in Chapter 380, Florida Statutes shall apply to this amended DRI Development Order. 3. That the Development Order shall be amended to modify the Master Plan designation of certain lots subject to the Quantum Park DRI Development Order, as follows: The Master Plan designation of Lots 17, 21, 50A, and 52 is changed from Office/Industrial (OJ) land use to Officelh1dustrial (01) and Industrial with Retail Sales (IND/R). The Master Plan designation of Lots 81 and 82 is changed from a Officelh1dustria1JCommercial (OIC) land use to Governmental & Institutional (G&I). H:\900182.bb\ord\DRI Amd - NOPC14.doc Page 4 4. That this amended DRI Development Order shall be binding upon the Master Developer and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this amended DRI Development Order. 5. That in any event that any portion of section of this amended DRI Development Order is detennined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shalI in no manner affect the remaining portions or sections of this amended DR! Development Order, which shalI remain in full force and effect. 6. That the approval granted by this amended DR! Development Order is conditional. Such approval shall not be construed to obviate the duty of the Master Developer to comply with all other applicable local or state pennitting procedures. 7. The amendments proposed by the Master Developer do not create any additional impacts and therefore do not constitute a substantial deviation under Chapter 380.06, Florida Statutes. 8. Actual development phasing will depend upon economic circumstances and Master Developer's internal business growth. Any proposed development described in the Notice of Proposed Change are for planning purposes only and the actual development schedule may vary therefrom. 9. The amended DR! Development Order set forth in Section 1 hereof shall become effective upon adoption of the ordinance amending the land use designations for :\900182.bb\ord\DRJ Amd - NOPC14.doc Page 5 ~ ~"","",,- ~= - -----~ -...,- <"""'",ç~.''' ._,--~~----_.- . ___"__ _~>__~.o___..__ ~~__ ___ H-__ certain Lots designated in the Master Plan, provided such date shall be extended until completion of appellate procedures, if any, relating to the issuance of this amended DRI Development Order. 10. Copies of this Ordinance incorporating the amended DRI Development Order amending the land use designation of the subject property to Development of Regional Impact shall be transmitted immediately by certified mail to the Division of Community Planning, the Treasure Coast Regional Planning Council, and the Master Developer. 11. Except as otherwise amended herein, the Development Order shall remain in full force and effect. Section 3. Except as provided herein, the Master Developer shall proceed in strict accordance with all ordinances of the city of Boynton Beach, including, but not limited to, its building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and regulations of the State of Florida Department of Environmental Protection. Section 4. That should any section or provision of this Ordinance or any portion thereof be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. This ordinance shall become effective immediately upon its passage. H:\900182.bb\ord\DRI Amd - NOPCI4.doc Page 6 FIRST READING this _ day of ,2004. SECOND READING and FINAL PASSAGE this _ day of , 2004. i CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk H:\900182.bb\ord\DRJ Amd - NOPCI4.doc Page 7 ..,. ,-~-> '~--~-~. - .--- _.,--~<.__..-.......-. ~~_. __:_d__~'~F __<,_,",-.~ :,..,_",,#>.0 . ."~____» ->~~--'-~ DEPARTMENT OF DEVELOPMENT MEMORANDUM NÇ>. PZ 04-201 TO: Chair and Members Planning and Development Board THROUGH: Michael RumPf~~~ Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: August 11, 2004 SUBJECT: Quantum Park - DRIA 04-D01/MPMD 04-005 Master Plan Amendment #14 NATURE OF REQUEST Quantum Park of Commerce (a.k.a. Quantum Park PID) is a partially built-out Development of Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development (PID). It is located on the west side of 1-95, between Miner Road extended and the Boynton Canal - (C-16). (See attached Exhibit "A" - Location Map). The applicant, MFT Development, Inc. is requesting an amendment to the Quantum Park DRI Development Order (D.O.) adopted December 4, 1984 by Ordinance No. 84-51. The original D.O. was subsequently amended 12 times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02, 01-54 and 02-54. The City Commission denied Amendment #11 on February 20, 2001. The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan. Amendment #14 proposes amending the existing use designations on several lots in the Master Plan, including aeation of a new "INO/R" (Industrial with Retail Sales) designation. All requested changes are depicted in Exhibit "c" - Proposed Master Plan and described as follows: 1) Change in the Master Plan designation of Lots 17, 21, 50A and 52 from Office/Industrial (01) land use to Office/Industrial and Industrial with Retail Sales (01 & IND/R). The proposed designation includes office and industrial uses as before, with the addition of retail sales associated with an allowable industrial use; and 2) Change in the Master Plan designation of Lots 81 and 82 from a land use of Office/Industrial/Commercial (OIC) to Governmental & Institutional (G & I). BACKGROUND An amendment to a Døvelopment 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 NOPC is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (RPC) and the City. The DCA and the RPC are reviewing the Quantum Park - DRIA 04-001lMPMD 04-005 Memorandum No. PZ 04-201 proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06 (19). 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 DR!. 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 Quantum Park 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 then they may take action to approve or deny the requested change. The original DRI Development Order adopted a Master Plan for Quantum Parle That Master Plan has been amended over the years, the most recent change being approved on October 15, 2002. The proposed Amendment #14 alters the approved land uses for that Master Plan. Therefore the review of the DRI amendment also constitutes a review of the changes to the Master Plan for Quantum Park. 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 August 10,2004. ANALYSIS Notice of Proposed Chanae (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 only one of the criteria applies to the proposed changes for Quantum Park DRI. This criterion, which is applicable for review of this proposed change 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". 4. 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 a authorized multiuse 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. As part of the NOPC application the applicant is to complete a "Substantial Deviation Determination Chart". The applicant has provided an updated chart. Amendment #14 involves changes to four land use categories: Office/industrial/Commercial, Office/Industrial, Governmental & Institutional and the creation of Industrial with Retail Sales (IND/R). There is a loss of Office/Industrial/Commercial (OIC) acreage, but the allowable square footage thresholds would not change on the Master Plan. Simultaneously, there is an increase in the Governmental & Institutional (<3 & I) acreage. These changes are reflected in the "Notes· section on the Master Plan. The proposed 2 ---~.,,--- .'~_. ...~ _~_ "_~_3<_~~ .--..<---_.,,-~--- __.Oh..___-">-_"'~~-...,,,..""""___~"'_.;. ,-.. " ,--"; - -. .,¡... ~- Quantum Park - DRIA 04-001/MPMD 04-005 Memorandum No. PZ 04-201 increases and decreases are presumed to maintain the vested traffic generation level of 63,752 average daily trips (ADT). Conclusion The proposed changes delineated in Amendment #14 are determined not to be a substantial deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a non-substantial deviation finding. This determination is subject to satisfying Condition of Approval #3 regarding Palm Beach County Traffic Performance Standards. Master Plan Modification The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park DR!. There are two (2) major changes proposed. The applicant provided the following descriptive summary of these changes. lots 17.21. 50A and 52 (10.85 Acres) These lots were previously designated as Officelindustrial (Ol) land Use. The land Use would be revised to "Officellndustrial and Industrial with Retail Sales (01 & IND/R)". lots 81 and 82 (9.39 Acres) These lots are currently designated as OfficellndustriaVCommercial (OIC) land Use. The land Use would be revised to "Governmental & Institutional (G & I)". Table 1 provides the proposed acreage changes to the DRI Master Plan. TABLE 1: DRI MASTER PLAN LAND USE ACREAGE CHANGES 79.82 0.00 55.90 9.39 All other categories on the Land Use Acreage Table remain the same as approved in Amendment #13. The Quantum Park DRI acreage total of 553.13 also remains unchanged. The Quantum Park DRI has been amended 12 times over the years, which is not unusual for a DRI of this type. The Florida 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 3 Quantum Park - DRJA 04-001/MPMD 04-005 Memorandum No. PZ 04-201 wish to propose changes to an approved development of regional impact, including changed market conditions". These 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. Impacts 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 Quantum Park DRI the major issue is whether there will be an increase in traffic resulting from the land use redistribution/re-designation. A provision in Amendment #8 to the Quantum Park development order requires that II A traffic study shall be submitted with any future application requesting a change in use designations on any lot. A cursory review of the traffic study was conducted by staff during the Technical Review Committee (TRC) process. Additionally, the applicant has transmitted the traffic study to the Palm Beach County Traffic Division for their customary review and approval. Based on the TRC review of the Master Plan, including the traffic study, no additional regional impacts are evident. The vested number of trips, 63,752 is presumed to remain unchanged due to the balancing of increases and decreases in the intensities of the proposed changes to the land use designations. The Palm Beach County Traffic Division has not completed their review at this time. The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning Council (TCRPC) focus their review of the amendment on regional issues exclusively. Staff has not yet received a formal written response from DCA, however TCRPC has responded that the proposed changes will not create additional regional impacts. 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 changes is within the jurisdiction of the City. As such, the City's main focus is local issues and impacts. There were no significant local issues identified by the TRC members at this time. The Utilities Department has indicated that any unforeseen impacts to the water and sewer systems and related levels of service will be borne by the developer. The updated Traffic Impact Analysis submitted with the request for amendment indicates that there will be no increase in the allowable intensities of development. The traffic generation levels will remain within the limits for which the DRI is vested. Tuming movements and signalization issues can be evaluated and addressed at the Master and Technical Site Plan stage. Drainage will also be reviewed in detail as part of the Master and Technical site plan approvals, and must satisfy all requirements of the City and local drainage permitting authorities. 4 . . _.o_~-__ ----;._.-..-,.->~---~-- --- ~_~~_.__ 'O__~~'u'__ <'---~"--'-----''''-'''''~'''''.-9'1'''''' ",'.-,~ <.Co_ --__ .-- · Quantum Park - DRIA 04-001/MPMD 04-005 Memorandum No. PZ 04-201 Consistency and Compatibility with City Policies Of the changes proposed by the applicant, none present issues that are contrary to city policies. The proposed changes are discussed below. Lots 17. 21. 50A and 52 - Lots 17, 21 and 52 are all vacant parcels on Gateway Boulevard between Quantum Boulevard and the LWDD E-4 Canal. Lot 50A is located on High Ridge Road, south of Gateway Boulevard. Lots 17, 21, and 52 are situated between groupings of properties designated as Mixed Use and/or Commercial. The addition of retail sales in conjunction with recognized industrial businesses would appear to be highly compatible. Lot 50A is a vacant parcel, six (6) lots south of CarMax on High Ridge Road, south of Gateway Boulevard, intermingled with a number of parcels designated Office/Industrial (01). The proposed revision to include retail sales as a part of an industrial operation would appear to be compatible with the surrounding industrial businesses, which may already have a wholesale component, and office type businesses. There appears to be no downside to the proposed change on these lots and the new designation should improve the marketability of these parcels, ultimately leading to construction on the properties and introduction of new business to Boynton Beach. Lots 81 and 82 - The second part of the requested amendment is to change the designation of vacant Lots 81 and 82, located at the southeast comer of Gateway Boulevard and High Ridge Road, from Office/Industrial/Commercial (OIC) to Governmental & Institutional (G & I). As the City of Boynton Beach has purchased the two lots totaling 9.39 acres for future City use, including possible construction of a Fire Administration Building along with a fire station for the northeast section of the City, the Governmental & Institutional (G & I) designation is totally appropriate. Conclusion As indicated herein, the impacts of the proposed DRI amendments on the utility systems, roadways and public facilities are either within the existing capacities or additional provisions will be required of the developer to ensure that levels of service standards are not compromised. The proposed amendments are consistent with City policies and appear compatible with surrounding land uses. 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. Therefore, staff recommends approval of DRIA 04-001 subject to the Conditions of Approval attached in Exhibit "D". Regarding the proposed modifications to the Quantum Park Master Plan staff recommends approval of designating Lots 17, 21, 50A and 52, Office/Industrial and Industrial with Retail Sales (01 & INDIR) and designating Lots 81 and 82, Governmental & Institutional (G & I), subject to the Conditions of Approval attached in Exhibit "D". 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"" µ- --- - "--. --- ----------~__EXHIBIT "B" .~ b i i I f ~ II ~ I : ! i ... i I i . Ilf I .: I . I8IB1UUlB B B ÎI win . ~~=m~~!~J : ~ . . IÚ J~¡ ~1 1 linn 1 I I ilrrlb . . r' r ~ . . ðl:oa8U~ao . II:oasulh ¡~~I ~ I ~Ij ~. lis ... ~ i ,.-. i ;!è H. .0 ~ ..- I ! I , 1 g§ ~ I Ii I It fQ¡ I :·1_ a¡ i I . ~¡í! I J I ! :J11i I I ill I II" - - I .. _1:11 :~I I I I I I I I I I I I I I 8ft I I ;..... i I I ......... -- ~ I I I I I ~ I I . ~-~------~- I I ~-. ~-------- . I I I ·i ~y SS3IIOIm --------.. -m . ~--- - If i . . ii! .. . :! 1,lt: ~f I~ III ~ - 11&'..1 :. 'I Iii. j -. d 'I .ï inti ¡llliil~!1 · I .lltii I ,... -' hnl i .. U I! ¡Ii!!!i': - I.: .. Illf"I... ......... ..,.". ...,_....~"'tM\"'IM\It. EXHIBIT "C" ,"",r I :q II,II! l1li1l1li111 1 I : I ~ . Ii B' !lllII!lM1I I -, I. ~ ~I ~ ; !~~~~: 1. ! ~...JJII ~ r ! I I illf I . illla .. i I ~ ¡ ð ~ ;1·' '5 . f .! , II , f-------- . I> , Ð I I §~ ¡ , I I I , g51! I I -, I J if!l I I , .¡ ! I \-1' .¡ : 1f1 .¡ .. ~il! I X I I' ~I~ I: I I ! I : I II J I I I '" - I :1, I I I I I I I I ... I I I ~ i I I - I It! 'ell ~----------------~~ --------------m · i Jill. ~!llhB II ~ 1 L.. I, H I Iii I S- I I l!!t I 11~lt: ... æ I .!I ~!~! , -----~--.-...- .. "'='-...-.---~ ".~-----~ _._-~- -- -~-...--.,..-"'--.-~, ~--"' ... EXHIBIT "D" Conditions of Approval Project name: Quantum Park NOPC #14/ Master Plan Modification File number: DRIA 04-001 MPMD 04-005 Reference: Master Plans identified with a July 7, 2004 Planning & ZoniTIlZ date starn) marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. The applicants will be subject to all applicable rules and regulations of all X governing a11:encies as each site is individually developed. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERJENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Pursuant to Chapter 380.06 (l9)(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. 3. Provide notice of concurrency (Traffic Performance Standards Review) X from Palm Beach County Traffic Engineering. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECfS\Quantum Park Amendment #14 + MPMD\COA.doc -~~ . < ~-_..... ,- -=-"--"-~"~"" <--- ~^--<." ~, "_,~_"r",,_,,__~___,»>,,_,,, -",-""--,~,~",,.,..,-~:--. KII. - LEGAL CITY OF BOYNTON BEACH ITEM 8.2 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office o August 3, 2004 (Noon.) July 19,2004 0 October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 0 October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16, 2004 0 November 3, 2004 (Noon) October 18, 2004 [8] September 21,2004 (Noon) September 7,2004 D November 16, 2004 (Noon) November 1,2004 D Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8] Legal . ~ c::> (") -t o Bids 0 UnfInished Business » =i-< c -<0 o Announcement 0 Presentation ø C) " ,-OJ o City Manager's Report ~ CT¡ 0 --l-< - ·z :Þo 0-) -t 3: 0 RECOMMENDATION: Move to approve enclosed Ordinance. (Exhibit "A") = ~z .. ,,OJ -/T EXPLANATION: Current Code requires property owners to maintain trees at a minimum of 10 feet abo&n ~þ adjacent swale, public right-of-way, alley or street. The enclosed amendment will raise the minimum height to 14 ~t over roadways while maintaining the 10 feet clearance over sidewalks. This will allow larger equipment and vehicles such as Fire apparatus and Sanitation equipment to pass safely along our streets. The Fire Department and Public Works confirmed this is the height necessary to allow their vehicles to avoid problems with overhanging vegetation. PROGRAM IMPACT: Staff projects a slight increase in Code Compliance cases generated to enforce this amendment, but anticipate a leveling out once citizens become aware of the change. FISCAL IMP ACT: Reduction in repair expenses on City operated equipment and reduced exposure to litigation arising from incidents involving pedestrian and vehicular traffic on City roadways. AL TERNATIVE::/~;:;~' am,.d...... or keop tb, r.m.. ordi.~~ / .' .,~- ~/ , / //" ¿//~/~----_.. ..~ bepartment Head's Signature 1 kf'anager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I í 1 I ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA MIENDING CHAPTER 15 OF THE CODE OF 5 ORDINANCES ENTITLED "OFFENSES-MICELLANEOUS" 6 ARTICLE N, COMMUNITY APPEARANCE ANI> 7 MAINTENANCE, SECTION 15-120, PROVIDING FOR 8 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 9 EFFECTNE DATE. 10 11 WHEREAS, upon recommendation of staff, the Commission has determined that in 12 order to provide for proper clearance for City emergency vehicles and garbage disposal 13 equipment that it is necessary to increase the required clearance above streets, roads and 14 right-of-ways to fourteen feet (14'). 15 WHEREAS, the City Commission deems it appropriate and in the best interests of 16 the citizens and residents of the City of Boynton Beach, to amend the City's Code of 17 Ordinances to provide for the increase in the clearance height. 18 NO\V THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing whereas clause is true and correct and is now ratified and 21 confirmed by the City Commission. 22 Section 2. That Chapter 15, Article IX, Section 15-120, "Minimum Standards for 23 appearance and maintenance of public property and private property", of the City of Boynton 24 Beach Code of Ordinances be, and the same is hereby amended by adding the words and 25 figures in underlined type and by deleting the words and figures in struck-through type, as 26 follows: 27 Sec. 15-120. Minimum standards for appearance and maintenance of public I 28 property and private property. 29 30 (a) Streets and sidewalks. The owner(s) of all real property within the city 31 abutting a public or private street or sidewalk shall not permit.. and it shall be I 32 unlawful to permit the growth of grass, weeds, or other flora into or over such 33 street or sidewalk, and such owner(s) shall not allow a tree(s) or any part 34 thereofto extend over sidewalks below a height often (10') feet or the roots of 35 a tree to break or raise up such street or sidewalk, or allow a tree or any part 36 thereof to extend over a road, street or right-of-way below a height of fourteen 37 (14) feet. 38 39 (b) Swales, rights-of-way and alleys. 40 41 (c) The owner(s) of all real property within the city abutting a public or private 42 swale, right-of-way or alley shall not permit.. and it shall be unlawful to permit I S:\CA \Ordinances\Tree Height (ROW).doc .- ' ~ - ......."'---. _______............-",..~____-'-_.. _*._._. ~~_~~"""",Q.__>o__..<__ ..--,.-.....; ~~. -""""" < - ~-.~"....,,--".-- 1 I the growth of a tree growing in the adjacent swale, right-of-way or alley or any 2 part thereof to extend over a street or sidewalk below a height of ten (10') or 3 the roots thereof to break or raise up the contiguous street or sidewalk, or a110w 4 a tree or any part thereof to extend over a road, street or right-of-way below a 5 height of fourteen (14) feet. 6 *** . 7 8 Section 3. Each and every other provision of Chapter 15, Code of Ordinances not 9 herein specifically amended, shall remain in full force and effect as originally adopted. 10 Section 4. A11 laws and ordinances applying to the City of Boynton Beach in 11 conflict with any provisions of this ordinance are hereby repealed. 12 Section 5. Should any section or provision of this Ordinance or any portion 13 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 14 affect the remainder of this Ordinance. 15 Sectíon 6. Authority is hereby given to codify this Ordinance. 16 Section 7. This Ordinance sha11 become effective immediately. 17 FIRST READING this _ day of , 2004. 18 SECOND, FINAL READING AND PASSAGE this day of - 19 , 2004. 20 CITY OF BOYNTON BEACH, FLORIDA 21 22 23 Mayor 24 25 26 Vice Mayor 27 28 29 Commissioner 30 31 32 Commissioner 33 34 35 Commissioner 36 ATTEST: 37 38 39 City Clerk 40 41 S:\CA\Ordinances\Tree Height (ROW).doc