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Agenda 11-03-04 final
The City of Boynton B h ,,~"eac,¡'j 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA NOVEMBER 3, 2004 Jerry Taylor Mayor At Large A Bob Ensler Commissioner District I Mack McCray Commissioner District II . Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV DISTRI T I Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES &. PROCEDURES FOR PUBLIC 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). - --,."...--- OITY OF BOYNTON BEAOH REGULAR CITY COMMISSION MEETING AGENDA November 3, 2004 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Dr. Solomon Rothstein, 2nd Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy ADMINISTRATION OF OATHS OF OFFICE/REMARKS A. Commissioner Mack McCray - DISTRICT II B. Commissioner Carl McKoy - DISTRICT IV D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS: A. Announcements: 1. Boynton Veterans Council Veterans Day Ceremony - November 7, 2004 at 2:00 p.m. at Intracoastal Park 2. Veterans Day Celebration at St. John's Missionary Baptist Church, 900 North Sea crest Boulevard on November 11, 2004 at 1:00 p.m. 3. The Regular City Commission Meeting of December 21, 2004 has been cancelled B. Community and Special Events: None Agenda Regular City Commission Boynton Beach, Florida November 3, 2004 C. Presentations: 1. Proclamations: a. World Town Planning Day - November 8, 2004 2. Presentation of Certificates of Appreciation to businesses that provided assistance to the City during the two hurricanes IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMINISTRATIVE: A. Accept resignation of Mike Friedland, Regular member of the Planning & Development Board B. Appointments to be made: Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 (Tabled 3) I Ensler Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 (Tabled 3) II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 (Tabled 3) III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 (Tabled 3) I Ensler Cemetery Board Alt 1 yr term to 4/05 (Tabled 2) IV McKoy Code Compliance Board Alt 1 yr term to 4/05 (Tabled 3) Mayor Taylor Code Compliance Board Alt 1 yr term to 4/05 (Tabled 2) Mayor Taylor Education Advisory Board Alt 1 yr term to 4/05 (Tabled 2) I Ensler Education Advisory Board Alt 1 yr term to 4/05 (Tabled 2) II McCray Education Advisory Board Stu 1 yr term to 4/05 I Ensler Planning & Development Bd. Reg 2 yr term to 4/05 VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference - October 15, 2004 2. Regular City Commission Meeting - October 19, 2004 Agenda Regular City Commission Meeting Boynton Beach, Florida November 3, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004 Adopted Budget 1. Award Bid #094-2821-04jJA, "DOWNTOWN WATERSHED STORMWATER IMPROVEMENTS - PHASE 2 OF 3, AREA 1", to Coastland Development, Inc. and to execute a contract by resolution in the amount of $1,036,460.00. Also approve an owner's contingency of 10% in the amount of $103,646.00 for a total project budget appropriation of $1,140,106.00 (PROPOSED RESOLUTION NO. R04-184) 2. Approve the "Piggy-Back" of the State Contract #863-000-03-01 awarded to EASY PAY TIRE COMPANY for the purchase of tires for our Fleet Department in the estimated amount of $50,000.00 for the fiscal year 2004- 2005 3. Approve a sole source purchase from DATA FLOW SYSTEMS of Melbourne, Florida for the purchase of telemetry repair parts for wells and lift stations in the amount of $50,000.00 C. Resolutions: 1. Intentionally left blank 2. Proposed Resolution No. R04-185 Re: Authorizing the execution of Task Order No. U04-05-12 CH2M Hill, Inc. for additional engineering services for the Redevelopment/Replacement Water Supply for the East Wellfield, Wells lOE, 11E and 13E project in the amount of $133,321.00 3. Proposed Resolution No. R04-186 Re: Authorizing the execution by Resolution of Amendment #2 to Task Order #1 in the amount of $52,000 to Brown and Caldwell, Inc., to provide for continued professional consulting services from October 19, 2004 through December 15, 2004 4. Proposed Resolution No. R04-187 Re: Authorizing the execution of the Police Service Contract Amendment for budget year 2004-2005 with the CRA to provide police service to the CRA District 5. Proposed Resolution No. R04-188 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with Quintin Lee Van for the property at 1163 Highview Rd. Lake Worth, Florida (Ridge Grove ADD NO 1 LT 197) 3 Agenda Regular City Commission Meeting Boynton Beach, Florida November 3, 2004 6 Proposed Resolution No. R04-189 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with Micheline Many for the property at 7870 Loomis St. Hypoluxo, Florida (Tropical Terrace L T 163) 7. Proposed Resolution No. R04-190 Re: Approving the renewal of Software Maintenance Agreement with Queues Enforth Development Inc. (Q.E.D.) for budget year 2004-2005 in the amount of $44,418.00 8. Proposed Resolution No. R04-191 Re: Approval of contract to permit the South Central Regional Waste Water Treatment & Disposal Board to utilize the City's benefit plans 9. Proposed Resolution No. R04-192 Re: Authorization to apply for $200,000 of funding towards the development of Jaycee Park from the Department of Environmental Protection 2005/06 Florida Recreation Development Assistance Program (FRDAP) 10. Proposed Resolution No. R04-193 Re: Authorization to apply for $200,000 of funding towards the development of Wilson Park from the Department of Environmental Protection 2005/06 Florida Recreation Development Assistance Program (FRDAP) 11. Proposed Resolution No. R04-194 Re: Approving and adopting an interim pay plan for new and/or pending positions for FY2004-2005 budget D. Ratification of Planning & Development Board Action: 1. Berry Veal (SPTE 04-009) - 1421 Neptune Drive - Request for one (1) year time extension of the site plan approval granted on August 3, 2003, from August 3, 2004 to August 3, 2005 2. Serrano Beach (SPTE 04-010) - Quarter mile west of Congress Avenue; south of Golf Road - Request for a three (3) month time extension of the site plan approval granted on August 5, 2003, from August 5, 2004 to November 5, 2004 (The Planning & Development Board granted approval of a five (5) month time extension to 1-05-05) E. Ratification of CRA Action: None 4 Agenda Regular City Commission Meeting Boynton Beach, Florida November 3, 2004 F. Approval of an expenditure in the amount of $9,033.00 from the Federal Forfeiture Fund in order to purchase 1 LaserFiche unit and license from R&S Integrated Products (No impact on City funds.) G. Approval of an expenditure in the amount of $16,563.40 from the Federal Forfeiture Fund to purchase a closed circuit television system from Security One Systems. This purchase is from the SNAPS Agreement #6802563 (No impact on City funds.) H. Approve the "MONTEREY BAY, 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) I Authorize Proposal for Settlement in the case Vernessa Edwards & Vincent Mackey vs. City of Boynton Beach in the amount of $25,000.00 J. Approve the "THE PLAZA AT BOYNTON" record Plat conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Surveyor & Mapper) VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS None IX. CITY MANAGER'S REPORT: None x. FUTURE AGENDA ITEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) B. Proposed Lease Agreement with Boynton Woman's Club (TBA) C. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA) D. Review of Possible Changes to Compensation for the City Commission (November 16, 2004) E. Selection of Vice Mayor per Section 2-1.2 of City Code (November 16, 2004) 5 Agenda Regular City Commission Meeting Boynton Beach, Florida November 3, 2004 F. City Commission District Boundary Review - December 7, 2004 XI. NEW BUSINESS: A. Discussion of Suspended Animation, Inc. (proposed use for zoning verification) XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 04-080 Re: Request for annexation of 9.99 acres of partially developed parcels located in unincorporated Palm Beach County (Gulfstream Gardens (ANEX 04- 003) (Request to Postpone until November 3, 2004) 2. Proposed Ordinance No. 04-081 Re: Request to amend the Comprehensive Plan Future Land Use map from Commercial High/S (Palm Beach County), General Commercial and Local Retail Commercial (Boynton Beach) to Special High Density Residential (Gulfstream Gardens (LUAR 04-004) (Request to Postpone until November 3, 2004) 3. Proposed Ordinance No. 04-082 Re: Request to rezone from Commercial General (CG) (Palm Beach County), C-4 General Commercial and C-3 Community Commercial (Boynton Beach) to Planned Unit Development (PUD) (Gulfstream Gardens (LUAR 04-004) (Request to Postpone until November 3, 2004) 4. Proposed Ordinance No. 04-089 Re: Amending Section 14- 5 of the Code of Ordinances to enforce restricted parking on rights-of- way under the jurisdiction of the Florida Department of Transportation (FDOT) B. Ordinances - 1st Reading None C. Resolutions: None D. Other: None 6 Agenda Regular City Commission Meeting Boynton Beach, Florida November 3, 2004 XIII. UNFINISHED BUSINESS: None IV. ADJOURNMENT: NOTICE IF A PERSON DEODES TO APPEAL ANY DEOSION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WIll NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHAll FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL AGENDA 10/29/2004 1:13 PM S:\CC\WP\CCAGENDA\AGENDAS\ YEAR 2004\11 0304.DOC 7 I!I.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.)July 19,2004 0 October 4,2004 (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 ~ November 3, 2004 (Noon) October 18, 2004 o September 21,2004 (Noon) September 7,2004 0 November 16,2004 (Noon) November I, 2~ (.:2: .-.,-< a ; ('"") 'C - .'-, ., o Administrative 0 Development Plans _ .= 8:J ~"-,. co . ~ NATURE OF 0 Consent Agenda 0 New Business': . <: .",... AGENDA ITEM 0 Public Hearing 0 Legal 2:~; "; -..->.. 0 o Bids 0 UnfInished Business <2 ,~; o Announcement [g Presentation C.I~ .G ~ -... ;-q c:; o City Manager's Report ::;¡: RECOMMENDATION: Please place this request on the November 3,2004 City Commission Agenda under Presentations as a proclamation for "World TO\vn Planning Day" to be recognized on November 8, 2004. EXPLANATION: World TO"Wll Planning Day will be celebrated in 30 countries on four continents on November 8,2004. This day was founded in 1949 by a university professor in Buenos Aires to advance public and professional interest in planning. It is a special day to recognize and promote the role of planning in, and contributions to creating livable communities; to draw attention to the objectives and progress of planning; to celebrate accomplishments tTom collective decisions concerning our cities and regions that bring quality and meaning to our lives and which address both current and future needs; and to emphasize the importance of continued community involvement in considering future impacts of community and regional developments. To:further recognize this day, Planning and Zoning staff is hoping that schedules and work load will allow for an "open house" to be held at the Division on November 8th, which will be announced during this brief presentation on November 3rd. PROGRAM IMPACT: NM flSCALIMPACT: N/A ALTERNATIVES: N/A 4lJ ~ .. /~" ~ . /, ~ DOVelÀ ~Dire"O' .' City M""'g"', Signa"", /¿JZ'~ Planning and Zo . g lrector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\Special Event\Agenda Item Request World TOWl1 Planning Day 11-3-04.doc S:ìBULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC WHEREAS November 8th of each year has been celebrated as World Town Planning Day since its inception in 1949 and is currently celebrated in over 30 countries on 4 continents; and WHEREAS the City of Boynton Beach endorses World Town Planning Day as an opportunity to highlight the contribution that sound planning makes to the quality of our settlements and environment; and WHEREAS World Town Planning Day also celebrates American accomplishments made in the collective decisions concerning our cities and regions that bring quality and meaning to our lives; and WHEREAS the celebration of World Town Planning Day gives us an opportunity to publicly recognize the efforts and dedication of the members of the advisory boards and other citizens who have contributed time and effort to the improvement of our city, county and region; and WHEREAS we fully appreciate the many valuable contributions made by members of the professional community, including planning staff, and extend our thanks for the continued commitment to public service NOW THEREFORE let it be known that I, Jerry Taylor, Mayor of the City of Boynton Beach, do hereby proclaim the day of November 8,2004 as WORLD TOWN PLANNING DAY in the City of Boynton Beach and to commend its thoughtful observance to all citizens of our City. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 3rd day of November, Two Thousand and four. Jerry Taylor, Mayor CITY OF BOYNTON BEACH ATTEST: City Clerk (Corporate Seal) S:\CC\WP\CCAGENDA \Proclamations\Y ear 2004\World Town Planning Day-11-3-04 .doc World Town Planning Day Page 1 0[2 II American Planning ¡\Sj~~~~~~!r~~~~¡'iJ..rliJ:J¡íìr' Ir"p/!,-n search YOUr C0rTImunity 'Ii! Research Legislation & Policy Your Community Publications Knowledge Exchange Consultant Services About APA News Jobs & Careers Conferences & Workshops APA Store Member Services Member Login Your Community / World Town Planning Day § Printer-Friendly Format November 8, 2004 Celebrate Planning on World Town Planning Day Sponsored in the U.S. by the American Planning Association (APA) and its Awards professional institute, the American Institute of Certified Planners (AICP), APA awards honor excellence World Town Planning Day will be celebrated in 30 countries on four continents in community building. on November 8, 2004. The international organization for WTPD was founded in Click here to learn about the 1949 by the late Professor Carlos Maria della paolera of the University of awards program and browse Buenos Aires to advance public and professional interest in planning both lists of previous years' winners locally and abroad. It is a special day to recognize and promote the role of planning in creating livable communities. ------~ Top Three Reasons to plan a WTPD event on or near //~x" P l, 1'--'" /11\ November 8: ,/ ~ -1- \ Kids and Community i .. r.! 1. Education - educate all of the members of your f ~ '." , f ~ - ç:-j community, including government officials, small Visit APA's special website ¡ ......... ';;'! !Z- _f designed just for kids. ',;.-" '-I business owners, and children about planning's \ ,1 ) -' positive impacts on community livability. Use this '\", ,ví.l ' 4.<0 /" III . ""-:~:~~\~>_/ opportunity to highlight the significance of neighborhood and city centers as well as the need for citizen involvement in community decision-making. Join APA 2. Celebration - celebrate all of the people and the planning that give your APA is an outspoken advocate community a sense of place where you are proud to live and work. As part of for planning. Become a this celebration, make sure to point out the valuable contributions sound member and join thousands of planning has made to the quality of your community and the surrounding people who share your dedication to building strong, environment. vibrant communities. 3. Recognition - take time to honor all of the people involved in the planning process, including planners, political officials, and citizens, all of whom are integral in helping create a sense of place in your neighborhood. While recognizing the collective decision-making process that planning involves, explore how these decisions bring quality and meaning to our daily lives and how best to preserve this impact for future generations. The American Institute of Certified Planners (AICP) endorses World Town Planning Day as a strategy to promote a broad-based awareness, support, and advocacy of community and regional planning among the general public and all levels of government through activities in recognition of American accomplishments on World Town Planning Day, November 8 of each year. Program History World Town Planning Day (WTPD), November 8, is currently celebrated in some manner in about 30 countries on four continents. The international organization for WTPD was founded in 1949 by the late Professor Carlos Maria della Paolera of the University of Buenos Aires to advance public and professional interest in planning, both locally and abroad. WTPD began to be observed in many countries 20-30 years ago. WTPD is promoted each year by the International Society of City and Regional Planners (ISoCaRP) http://www.planning.orglworldtown/ 9/16/2004 World Town Planning Day Page 2 of2 headquartered at The Hague in The Netherlands. Why celebrate World Town Planning Day? · To draw attention to the aims/ objectives, and progress of urban and regional planning in the United States and our relationship to such planning elsewhere in the world. · To highlight the valuable contributions sound planning has made to the quality of human settlements and their environment. · To give worldwide coverage to the ideals of urban and regional planning not only within the profession but also among the general public. · To celebrate our accomplishments in making those collective decisions concerning our cities and regions that bring quality and meaning to our lives/ addressing both current needs and those of the future. · To remind future generations of community-wide needs/ the significance of neighborhood and center, the need for personal involvement in community policy making, the fragile nature of the environment, and the necessity to consider future impacts in community and regional development. How Do I Gèt Involved? Schedule and run APA Chapter and planning agency events in the vicinity of November 8/ including an open house/ lectures, exhibits/ and seminars open to the public, all publicized as World Town Planning Day events. Questions about WTPD? Contact AICP@planning.org. Contact Us Privacy Statement Siternap FAQ En Españoi Copyright 2004 APA All Rights Reserved http://www.planning.org/worldtown/ 9/16/2004 III.-ANNOUNCEMENTS 8r. PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 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 :J D September 7, 2004 (Noon) August 16,2004 [8] November 3, 2004 (Noon) October 18, 200"F ,~--t :::¡ -( D D November 16,2004 <=) "<0 September 21, 2004 (Noon) September 7, 2004 (Noon) November I, 20(J4) ,-) " -4 '-OJ - -~o GJ J_< D D -... ~...... Administrative Development Plans . --0 -')6 .....,.- D D _u.. =::; ;:¡:: NATURE OF Consent Agenda New Business r'V '" AGENDA ITEM D D .. -.,w Public Hearing Legal -rTJ ::) '::?,> D Bids D Unfinished Business ~...:J ;' ("") ..... [8] Announcement D Presentation 0 D City Manager's Report RECOMMENDA TION: Presentation of certificates of appreciation to thank those businesses who provided assistance to the City during the two hurricanes. EXPLANATION: Attached is a listing of names and assistance provided to the City by area businesses. PROGRAM IMPACT: None FISCAL IMPACT: None AL TERNA TIVES: Not provide certificates J2.~~ture Department Head's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETTN\FORMS\AGENDA ITEM REQUEST FORM.DOC Name & Title Company Description of Support Katie Kolacz BJ's Wholesale Club Donated a gift card of $75 for food purchase for lunches Denise Cushing Boynton Beach Ale House Donated tasty winqs for lunch Christy Smith Equipment Savers Diesel Fuel Patrick McMaster I Golden Corral Provided food for emergency personnel General Manager and provided food to be distributed for those most in need of a warm meal. Charles Goldberg Krispy Kreme Doughnuts Provided donuts for Utilities crews and on-duty firefighters as well as the hurricane shelter at Boynton Beach Community Hiqh School. Marcio Cardoso Macmillan Oil Company of Diesel Fuel FL, Inc. Mike Bowman Palm Beach County Provided barricades on loan Dir of Road & Bridge Division Tony Lufman Palm Beach County Provided barricades on loan Asst Dir of Road & Bridqe Division Dave Bruce Panera Bread Store #3298 Provided food that was distributed to the area hurricane shelter at the Boynton Beach Community Hiqh School. T om Zemaitis Publix Super Markets, Inc. Provided Fire Rescue Dept with food for 133 N. Congress Ave on-duty firefighters and provided a storage area for ice that was distributed to citizens in need Robert Gallik Publix Super Markets, Inc. Permitted Utility workers to shop in your Manager 4753 N. Congress Ave store after everything was closed and not open for business. Donated items that would have been destroyed which allowed us to feed hundreds with the food purchased and donated Buffy McMillen Sam's Club Provided Fire Rescue with a $500 donation for food & non-perishable items and a pallet of water that was distributed to area hurricane victims in the Boynton Beach Communitv Phil Medico Southern Waste Systems Provided a dump site on the first day after Frances hit and assistance with roll offs Richard Draper The Ice Cream Club, Inc. Donated Ice Cream I President , Mark Rutledger Wal-mart Supercenter Donated lunch meat, bread and Co-Manager condiments for sandwiches Larry Whitlick Wal-Mart Supercenter Permitted Utilities Team to shop at one of Manager the only places open Sunday morning 9/26/04 Judy S1. John, Co- Wal-Mart Supercenter Donated lunch meat, bread, and Manager condiments for sandwiches -~-~~~-- >--"., ."._. o_~___ ooC>___". _" ___ .'~T_-~~___~.__~'-~'____~_'· '., .---'-~-"-d_"'__4'-'.~__~_,____"""""'_ ___. _ ___ __~_~~""U~___ · V. ADMINISTRATIVE ITEM A. , i ¡ ßtIJ ~ , ..... '^'~ - ßu,tit! þtJ- II. ]:;><{:f7 ! tPq~__~~ ~ I \- ",u - , COli.... .. ¡ z~ <ry ~ ¡ ~~~~ ~ ?Þu-þ(P_~!!~~Y ! g:j Ñ ! lL C~ t- 0:>_ g i >- t:: -,- ! =u Ô ¡- ~..:; 1 ¡ æa I~ (;it.¡ í ¡ J lJLó-V~~L f j , ! i i I t/~/~ /If-i ~' ~~tV.R~' Þ~~~~zI~-þ i ~, ~(~~ I f ~~ þi.~?~ ~ ~d-¿.V--á/.-á;L _ \ ~ ?ð.B ð~, ~~ ¿t ~~ ! ! i ~ ûui I'tUV ~//ey ~~-~ i ! , i ~tUf~ ¥ - ,~~~ /F¿.<--Ã, ~, ~- - - VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM 8.1 AGENDA ITEM REQUEST FORM Requested City Connnission Date Final Form Must be Turned Requested City Conunission Date Final Form Must be Turned in Meeting Dates in to City Clerk's Office Meeting Dates 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 [g 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 [g 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: Motion to award Bid #094-2821-04/JA, "DOWNTOWN WATERSHED STORMWATER IMPROVEMENTS - PHASE 2 OF 3, AREA 1", to Coastland Development, Inc. and to execute a contract by resolution in the amount of $ 1,036,460.00. Also, approve an owner's contingency of 10% in the amount of $ 103,646.00 for a total project budget appropriation of $ 1,140,106.00. EXPLANATION: This project area is an industrial area with no positive discharge. The existing conditions, consisting primarily of natural overland flow and infiltration is inadequate. On June 17, 2003, the City Commission approved a task order to Camp Dresser and McKee (CDM) to provide professional engineering services for the final design drawings, permitting, and bid and construction phase services for this project. The project area is located and/or bound by Martin Luther King Boulevard on the north, Boynton Beach Boulevard on the south, NE 3nf Street on the west, and Federal Highway on the east. S:\BUilETIN\FORMS\AGENDA ITEM REQUEST FORM.lX>C CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: Construction improvements are designed to reduce localized nuisance and buüding flooding problems, increase infiltration into local shallow aquifers and improve water quality. These improvements include the following: · Swales and exfiltration trenches within Railroad Avenue right-of-way · Stormwater culverts under the FEC Railway right-of-way · Placement of storm water inlets and connecting culverts under Raüroad Avenue · On street parking over several segments of the exfiltration trench · Widening of Railroad A venue to meet FDOT standards · Approximately 1,000 linear feet of new 12-inch water main providing a vital link to the Marina Project (to meet new fire flow requirements) Eight (8) bids were received and opened by Procurement Services on September 23, 2004. Copies of the bid proposals were submitted to Utilities and CDM, our design professional, for review and evaluation. Reference and background checks performed by the City and CDM included LBFH Consulting, Matthews Consulting, Inc. and Whiting Turner. Based on the references contacted, the City and CDM determined that Coastland Development, Inc. is a responsible contractor and is capable of undertaking and completing this project (see attached letter). We concur with CDM (see attached memo) and recommend awarding this contract to Coastland Development, Inc. of Boca Raton, Florida as the lowest, most responsive, responsible bidder who meets all specifications. FISCAL IMPACT: Funds are available in Utüities Account #401-5000-590-96.07 (STMOI8) and Account #401-5000- 590-96.02 (WTRllO). CONTRACT AMOUNT 10% CONTINGENCY TOTAL BUDGET APPROPRIATION $ 1,036,460.00 $ 103,646.00 $ 1,140,106.00 S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: There is no alternative due to the combination of excessive amounts of stormwater in the project area, new fire flow requirements, and the progress of the Marina roject. -t~~l IPÙ/tJ9' urt Bressner N, esio . Gomez I / Interim Utilities Director J;:;;:;J Utilities Department Department Name City Attorney / Finance / Human Resources bc: Dale Sugerman, Assistant City Manager ~ Nemesio Gomez, Interim Utilities Director Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Administration Utilities File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I i I I i I I I 1 RESOLUTION NO. R04- I 2 3 A RESOLUTION OF THE CITY OF BOYNTON I 4 BEACH, FLORIDA, APPROVING THE A \V ARD 5 OF BID NO. #094-2821 -04/JA FOR I 6 DOWNTO\VN \V A TERSHED STORM\VA TER 7 IlVIPROVEMENTS - PHASE 2 OF 3, AREA 1 TO 8 COASTLAND DEVELOPMENT, INC., IN THE 9 Al\tIOUNT OF $1,036,460.00; APPROVING AN 10 O\VNER'S CONTINGENCY OF 10% IN THE 11 Al\'IOUNT OF $103,646.00 FOR A TOTAL 12 PROJECT BUDGET APPROPRIATION OF 13 $1,140,106.00; AUTHORIZING THE CITY 14 MANAGER TO EXECUTE CONTRACT 15 DOCUl\tlENTS; AND PROVIDING AN 16 EFFECTIVE DATE. 17 18 \VHEREAS, on September 23, 2004, eight (8) competitive bids were 19 received, opened and reviewed by Procurement Services, for Downtown Watershed 20 Stonnwater Improvements - Phase 2 of 3, Area 1; and 21 WHEREAS, the City Commission, upon recommendation of staff, deems it I 22 to be in the best interests of the citizens and residents of the City of Boynton Beach, 23 to award this bid (#094-2821-04/JA), in the amount of $1,036,460.00, to Coastland 24 Development, Inc., as the lowest, most responsive, responsible bidder who meets all 25 specifications; 26 \VHEREAS, the City CommissioT!, upon recommendation of staff, deems it 27 to be in the best interests of the citizens and residents of the City of Boynton Beach, 28 to approve a ten (910%) percent owner's contingency in the amount of $103,646.00 29 for a total project budget appropriation of $1,140,106.00. 30 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY 31 COMl\tIISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Bid Awards\Award of Bid - 094-2821-04JA - Downtown Watershed. doc II I 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and 2 confirmed as being true and correct and are hereby made a specific part of this 3 Resolution upon adoption hereof. I 4 Section 2. The City Commission of the City of Boynton Beach, Florida, i I 5 hereby approves the award of Bid #094-22821-04/JA, for the Downtown Watershed 6 Stormwater Improvements - Phase 2 of 3, Area 1 to Coastland Development, Inc., 7 of Boca Raton, Florida in the amount of $1,036,460.00; approves a ten (10%) 8 percent owner's contingency in the amount of $103,646.00 for a total project budget 9 appropriation of $1,140,106.00 and does hereby authorize the City Manager to 10 execute a contract between the parties. 11 Section 2. That this Resolution shall become effective immediately. 12 PASSED AND ADOPTED this day of November, 2004. 13 14 CITY OF BOYNTON BEACH, FLORIDA 15 16 17 Mayor 18 19 20 Vice Mayor 21 22 23 Commissioner 24 25 26 Commissioner 27 28 29 ATTEST: Commissioner 30 31 32 City Clerk 33 34 (Corporate Seal) 35 S:\CA\RESO\Agreements\Bid Awards\Award of Bid - 094-2821-04JA - Downtown Watershed. doc Utilities Department City of Boynton Beach Project Management Team Interoffice Correspondence TO: Mary Munro DATE: October 11, 2004 Assistant to the Finance Director/Purchasing Agent ð~ FROM: Paul Fleming, PHONE: 6487 Senior Project Manager 11»1 PROJECT: DOWNTOWN WATERSHED STORMWA TER IMPROVEMENTS, Phase 2 of 3, Area 1 Bid #094-2821-04/JA SUBJECT: Recommendation of Contract Award . . bcc: File: 2.2 Nem Gomez, Interim Utilities Director B. Conboy K. Riseley Ana DeMelo, Camp Dresser & McKee This office has reviewed the bid tabulation sheet and related information for the project/bid and hereby recommends contract award in accordance with the following data: Project Name: Downtown Watershed Stormwater Improvements, Phase 2 of 3, Area 1 Recommended Contractor: Coastland Development, Inc. This is the low bidder for Bid #094-2821- 04/JA whose bid represents the most advantageous bid to the City, price and other factors considered. Award Amount: $ 1,036,460.00. A Contingency of 10% of the award amount, $ 103,646.00, will be set aside for unforeseen site conditions to be managed by the Senior Project Manager. The total project budget appropriation is $ 1,140,106.00. Account Number: 401-5000-590-96.07 STM 018 & 401-5000-590-96.02 WTR110 Verification of Contractor Responsibility: The Utilities Department and the project consultant, Camp Dresser & McKee, have verified that Coastland Development, Inc. has successfully completed projects similar in nature with Matthews Consulting, Inc., Whiting Turner, and LBFH Consulting Civil Engineers. Compliance with the Plans and Specifications: No exceptions were taken to the construction documents. Client Office Concurrence: Bid results were discussed with staff and concur with the recommendation to Coastland Development, Inc. If you have any questions, please contact me at Ext. 6487. CDNI OO~©~UW~[þ) 1601 Belvedere Road, 5uite 211 50uth West Palm Beach, Florida 33406 tel: 561689-3336 OCT - 5 200L¡ fax: 561 689-9713 BOYNTON BEACH UTILITIES October 1, 2004 Mr. Paul M. Fleming Senior Project Manager City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 Subject: Downtown Watershed Stormwater Improvements - Phase 2 of 3, Area 1 Bid #094-2821-04jJA Evaluation of Bids Dear Mr. Fleming: The bid opening for the Downtown Watershed Stormwater Improvements - Phase 2 of 3, Area 1 was held on September 23, 2004 at 2:30 p.m. at the City of Boynton Beach City Hall. A total of eight (8) bids were received, the tabulation of the bids and their respective bidder is summarized in the attached bid tabulation table. A summary of the eight bids is provided below, along with their Grand Total Base Bid Amount, which is the basis of determining the apparent low bidder. Grand Total Base Bid $ 1. $1,036,460.00 2. $1,103,810.00 3. $1,257,840.00 4. $1,289,010.00 5. $1,390,740.00 6. $1,399,660.00 $1,441,520.00 $1,568,300.00 $1,034,739.00 There was a minor mathematical error in the Grand Total Base Bid of ManCon Incorporated. The corrected value is presented above. The low bidder on the project is Coastland Development, Inc. Each bidder supplied a bid bond or base bid in the amount oi5 percent of the Grand Total Base Bid. Each bidder acknowledged receipt of Addendum No. 1 and 2. Bids for the project are valid for a period of ninety calendar days from the bid opening day and expire on December 22, 2004. The engineer's opinion of probable cost prior to opening bids was $1,034,739.00 or 0.17 percent below the lowest bidder. N:\6276\WL2079.doc consultinQ . enQineerinQ . construction· operations CDIVI Mr. Paul M. Fleming October 1, 2004 Page 2 Coastland Development, Inc. submitted the following information as required by the Bid Documents. · Acknowledgement of Addendum No. 1 · Acknowledgement of Addendum No.2 · Construction Schedule - Computer Generated Horizontal Bar Chart · Schedule of Subcontractors · Site Inspection Form · Evidence of Possession of Required Licenses and/ or Business Permits · Five percent Bid Bond · Statement of Bidder's Qualifications · Noncollusion Affidavit · Anti-Kickback Affidavit · Confirmation of Minority Owned Business Form · Confirmation of a Drug-free Workplace · Trench Safety Act Affidavit · Safety Program Compliance Form Coastland Development, Inc. has been in business as General Contractors for 5 years. CDM contacted the following references: Mr. Ed Balbis, P.E. of LBFH Consulting Civil Engineers, Mr. David Matthews, P.E. of Matthews Consulting, Inc. and Mr. Frank Zaremba of Whiting Turner. Based on the references that we contacted, we have determined that Coastland Development, Inc. is a responsible Contractor, and is capable of undertaking and completing the contract in a satisfactory and timely manner. Accordingly, CDM recommends that the City award the construction contract to the lowest responsible bidder, Coastland Development, Inc. of Boca Raton, Florida in the amount of $1,036,460.00. If there are any questions regarding the bids, the low bidder Coastland Development, Inc. or our bid evaluation and recommendation, please contact our office. Very truly yours, Il- r.J2 ft..v(.. Ana C. DeMelo, P.E. Senior Project Manager Camp Dresser & McKee Inc. ACD/wll Enclosures N:16276\Wl2079.doc __~~'-O'_~_ ,~_.*~~-~--, -_.~....,_-..-,~._~_.;,,-...---,--, -~-.-"---~. .-- ~-~...-=.....~ CDM Mr. Paul M. 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UNIT NO 1200 DESCRIPTION QTY UNHS COST VALUE 1 !.lOB Furnish and install12-inch ductile iron pipe (cement lined). 1,000 LF S] 00 $IOO,OOC Valves: lncludes valves, fittings, electronic markers, valve box, ~ 2 J.JOC concrete collar (where required), and accessories and instaJIation. 2.a · 12"-GV 2.b · 2"-ARV I EA $3,500 $3,50 Furnish and install fire hydrant assemblies. If setback or clear-zom 3 1.10 H cannot be met, unit price shall also include protective bollards. 2 EA $3,000 56,000 Connections of new ductile iron pipe to existing water mainíforcf 4 1.10 I main pipe of various sizes and materials. 2 EA $100 $200 T,pp". ,}"" w,th "',, "d "},, bo, ,Ii,,, 'od,d, tho f,ro;'b1'~ 5 1.]0 J and installation of all required items in the assemblies. 5.a · 20" X 12" tapping sleeve I I EA $13,000 $13,00 6 I.IOK Permanent sampling point. 7 1.]0 N Storm Drainage 1,550 LF' $90 $J39,5Ö:~ 7.11 · 36':=J~filtratio.n Trench with swale al1d sodding, ..";..:..,,,,, ~ 7.b · 36" - Exfiltration Trench under pavement 700 LF $80 $56,00 7.c · 36" - HDPE 950 LF $]25 $]18,75 7.e · ]8"-HDPE 300 LF $75 $22,500 7.d · Core Opening at Termination Box on NW 4th Ave. I LS $1,000 $1,000 8 !.IOQ Public Manholes and Structures 8.a · Inlet Type 'D' w/J-bottom 8.t · Inlet Type 'D' wíJ-bottom - modified I EA $3,050 $3,050 8.c Inlet Type 'F' 5 EA SI,800 $9,00( 8.d Inlet Type 'G' 3 EA $4,200 $12,60( 8.f Curb Inlet Type 'J-6' 1 EA $4,050 $4,05C 8. · Manhole P-8 5 EA $2,300 $] 1,5OC 9 !.IOY Asphalt Overlay w/miIIing 1800 SY $6.50 $] I, 70C FDOT Typ' ·D· C"b "d FDOT Dmp C,'" " ITo", of driV""y~ 10 will be paid for as Type 'D; curbing at same unit price. ., 1O.a · Type'D'íDropCurb ],630 LF $]5 $24,45 Tech New Roadway shall include removal and disposal of all existing Spec asphalt, base course, and sub-base. II 02740 8,000 SY SI8 S144,000 Tech '''k rn' B"'. 'odd".." ",," ',d,d~ but '" no! lim;too tn 4-_ Spec inch relief vent with gooseneck and insect screen. . . .,~ . _ . 12 02446 ,"'~"'" < __~' ~ h_ .,,_' 0,_ .~:_~__._~Jl- .. 12.a · 24" Steel Casing 50 LF $250 $12,50 J2.b · 54"SI«}C,,'o. ~ FDOT B~ers, per FDOT index 400 and FDOT standard specificatio ,,:,,..It:1,,"''' . ."'. . ,..:, .'~:-' .'. I3 Section 536. .,,~ . _.;; ;~¿:~'..,.. . c 13.a Guardrail, W-Beam and Timber 1,750 LF $]4 $24,50 13.b End Anchorage Assembly, Type II 16 EA $1,052 $16,83L ]3.c Miscellaneous asphalt pavement (200 Ib/SY) 365 SY $8 $2,920 FDOT/ Pavement Markings and Traffic Signage. 14 Drawings 1 LS $28,100 $28,JOC Per W"a Q,"'ty Improv="t Dovioe. D<v;= ,'," b< _Ii" _ Drawings ~",d1o. oil, w"" rnd grit Jrom tho ~fi'""'on Den 0'''. W,,, . . .u~ ,> , .i .~ qualIty Improvement devIce shall be Snout, by BMP, ]nc. 0 '.'. .' .. ' . ';¡¡t:" . 15 approved equal.i "~,,,,~...,. ::' ·".,i. ú,i; .::; J 5.a . Size 24F 2 EA $450 $9 15.b . Size 48F 17 EA $1,300 $22,100 16 Trench Safety System for OSHA Compliance 4,000 LF $1 $4,000 17 SUB TOTAL BASE BID PRICE (Item #'s 1 through 18) $859,052 1/2 Downtown Watershed Stormwater Improvements Phase 2 of3, Area 1 Revised based on Addendum No.2 Engineer's Opinion of Probable Cost General Conditions include: Mobilization/Demobilization Bonds, Insurance, Permits, and Maintenance of Traffic (per FDOT index 600 and FDOT standard specification section 536). General Conditions are limited to a maximum of eight percen 18 I.IOZ (8%) of base bid sub total (Item No. 18). NíA I LS $68,724 NPDES - Limited to a maximum of one and one-half (1.5%) 01 19 1.10 AA the base bid sub total-Item No. 18 N/A I LS $12,886 20 Indemnification N/A I LS $10 21 TOTAL BID PRICE (Item #'s 19,20,21 & 22) $940,672 (enter this amount on Bid Proposal Page BP-) CONTIGENCY (10%) $1,034,739 -- - -"- - 2/2 N Õ '"""" ~ . 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O~N u..z z ~ z::æ: z:::> ~ [2w :: >0 <.?<9co 00 0 U o~ oenw <!> ~ O ZZN - ëi5 « - -w u.. 0:;;:: 0 N __I ~~:::> ee ~en I-u «0 0::""" en M I-w ffiifid'; en æð ...J ~ ~en ~::s enw CL~ ~ ãí ~U) ~~o ¡§ ~ü: ð º Q;æ Q;CL B~ ~en w ~ >« OO=lt 0 ~:J U J: u..~ u..~ z::æ: w::æ: ~ en 0... 000 Z «« Z ~ Zen z wee u..a::: """ ~ __- W 1-:::> 0 z 0:::> 00 0::::::> «0 0 Co.. mmm > enCJ z « Uee U5 ~en enu.. U Utilities Department City of Boynton Beach Project Management Team Interoffice Correspondence TO: Mary Munro DATE: October 11, 2004 Assistant to the Finance Director/Purchasing Agent ð~ FROM: Paul Fleming, PHONE: 6487 Senior Project Manager ~ PROJECT: DOWNTOWN WATERSHED STORMWA TER IMPROVEMENTS, Phase 2 of 3, Area 1 Bid #094-2821-04/JA SUBJECT: Recommendation of Contract Award bcc: File: 2.2 Nem Gomez, Interim Utilities Director B. Conboy K. Riseley Ana DeMelo, Camp Dresser & McKee This office has reviewed the bid tabulation sheet and related information for the project/bid and hereby recommends contract award in accordance with the following data: Project Name: Downtown Watershed Stormwater Improvements, Phase 2 of 3, Area 1 Recommended Contractor: Coastland Development, Inc. This is the low bidder for Bid #094-2821- 04/JA whose bid represents the most advantageous bid to the City, price and other factors considered. Award Amount: $ 1,036,460.00. A Contingency of 10% of the award amount, $ 103,646.00, will be set aside for unforeseen site conditions to be managed by the Senior Project Manager. The total project budget appropriation is $ 1,140,106.00. , Account Number: 401-5000-590-96.07 STM 018 & 401-5000-590-96.02 WTR110 Verification of Contractor Responsibility: The Utilities Department and the project consultant, Camp Dresser & McKee, have verified that Coastland Development, Inc. has successfully completed projects similar in nature with Matthews Consulting, Inc., Whiting Turner, and LBFH Consulting Civil Engineers. Compliance with the Plans and Specifications: No exceptions were taken to the construction documents. Client Office Concurrence: Bid results were discussed with staff and concur with the recommendation to Coastland Development, Inc. If you have any questions, please contact me at Ext. 6487. CDM r.m~©~OWf-ª@ 1601 Belvedere Road, Suite 211 South West Palm Beach, Florida 33406 tel: 561 689-3336 OCT - 5 2001t fax: 561 689-9713 BOYNTON BEACH UTILITIES October 1, 2004 Mr. Paul M. Fleming Senior Project Manager City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 Subject: Downtown Watershed Stormwater Improvements - Phase 2 of 3, Area 1 Bid #094-2821-04/JA Evaluation of Bids Dear Mr. Fleming: The bid opening for the Downtown Watershed Stormwater Improvements - Phase 2 of 3, Area 1 was held on September 23, 2004 at 2:30 p.m. at the City of Boynton Beach City Hall. A total of eight (8) bids were received, the tabulation of the bids and their respective bidder is summarized in the attached bid tabulation table. A summary of the eight bids is provided below, along with their Grand Total Base Bid Amount, which is the basis of determining the apparent low bidder. Bidder Grand Total Base Bid $ 1. Coastland Development, Inc. $1,036,460.00 2. Petro Hydro, Inc. $1,103,810.00 3. Mora Engineering Contractors, Inc. $1,257,840.00 4. Foster Marine Contractors, Inc. $1,289,010.00 5. ManCon Incorporated $1,390,740.00 6. Rosso Paving & Drainage, Inc. $1,399,660.00 7. Asphalt Consultants, Inc. $1,441,520.00 8. Chaz Equipment Co. Inc. $1,568,300.00 Engineer's Estimate $1,034,739.00 There was a minor mathematical error in the Grand Total Base Bid of ManCon Incorporated. The corrected value is presented above. The low bidder on the project is Coastland Development, Inc. Each bidder supplied a bid bond or base bid in the amount of 5 percent of the Grand Total Base Bid. Each bidder acknowledged receipt of Addendum No.1 and 2. Bids for the project are valid for a period of ninety calendar days from the bid opening day and expire on December 22, 2004. The engineer's opinion of probable cost prior to opening bids was $1,034,739.00 or 0.17 percent below the lowest bidder. N:\6276\Wl2079 doc consulting· engineering· construction· operations CDM Mr. Paul M. Fleming October 1, 2004 Page 2 CoastIand Development, lne. submitted the following information as required by the Bid Documents. · Acknowledgement of Addendum NO.1 · Acknowledgement of Addendum No.2 · Construction Schedule - Computer Generated Horizontal Bar Chart · Schedule of Subcontractors · Site Inspection Form · Evidence of Possession of Required Licenses and/ or Business Permits · Five percent Bid Bond · Statement of Bidder's Qualifications · Noncollusion Affidavit · Anti-Kickback Affidavit · Confirmation of Minority Owned Business Form · Confirmation of a Drug-free Workplace · Trench Safety Act Affidavit · Safety Program Compliance Form Coastland Development, lne. has been in business as General Contractors for 5 years. CDM contacted the following references: Mr. Ed Balbis, P.E. of LBFH Consulting Civil Engineers, Mr. David Matthews, P.E. of Matthews Consulting, lne. and Mr. Frank Zaremba of Whiting Turner. Based on the references that we contacted, we have determined that CoastIand Development, lne. is a responsible Contractor, and is capable of undertaking and completing the contract in a satisfactory and timely manner. Accordingly, CDM recommends that the City award the construction contract to the lowest responsible bidder, Coastland Development, lne. of Boca Raton, Florida in the amount of $1,036,460.00. If there are any questions regarding the bids, the low bidder CoastIand Development, Inc. or our bid evaluation and recommendation, please contact our office. Very truly yours, /.-. ú2 fL.v(.. Ana C. DeMelo, P.E. Senior Project Manager Camp Dresser & McKee lne. ACD/wll Enclosures N:16276\Wl2079.doc -- -- -- --- _ ____~____~__~_~_____n_~~____ - ----- ~.~~-~->-~ - --~ -,~.~-.,..~""",->-- .- -~~ <-~ -">--- ~~-_..~..._--- -,.... CONI Mr. Paul M. Fleming October 1, 2004 Page 3 c: David Collins File: 6276-39606-016 N\6276\WL2079.doc c. ,8 Igcx~ I ~~o~coi:,>' 'So ~ ""c "_ . 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U~IT 1\0 1200 DESCRIPTION QTY UNITS COST VALUE I I.] 0 B Furnish and install] 2-inch ductile iron pipe (cement lined). ] ,000 LF $] 00 $] 00,00 Valves: Includes valves, fittings, electronic markers, valve box, "; ,1:~t~ts,t;'I;I"K!j~,~~~*ß\,.*;;!;' ..,..,.,.... " 2 I.] 0 C concrete collar (where required), and accessories and installation. ......; .<,.~ 2.a .] 2"' - GV 3 EA $2,000 $6,000 l.b . 2" - ARV ] EA $3.500 $3.500 Furnish and instaIJ fire hydrant assemblies. If setback or clear-zone 3 I.] 0 H cannot be mct, unit price shall also include protective bollards. 2 EA $3,000 $6,000 Connections of new ductile iron pipe to existing water main/force 4 J.] 0] main pipe of various sizes and materials. 2 EA $] 00 S200 Tapping sJeeve with valve and valve box shall include the furnishing....,> ¡U.,!, ····...'T' 5 ]. I 0 J and installation of a]] required items in the assembJies. .... ..... ¡'Y,,: "'!; ...,,,", 5.a . 20" X J2"'tappings]eeve ] EA $13,000 5]3,00 6 1.10 K Penn anent sampling point. 3 EA $] ,500 $4,50 7 1.10N StonnDrainage'" ~ it¡·,;·"·,,... 7.a . 36" - Exfiltration Trench with swale and sodding ] ,550 LF $90 $ 139,50 7.b . 36" - Exfiltration Trench under pavement 700 LF $80 $56,00 7.c . 36"-HDPE 950 LF $]25 $118,75 7.e .] 8" - HDPE 300 LF $75 $22,500 7.d . Core Opening at Tennination Box on 1\W 4th Ave. ] LS $],000 $],00 8 ].1 0 Q PubJic Manholes and Structures .......;.> ~ 8,a . Inlet Type 'D' w/J-bottom 7 EA 53,700 $25,900 8.b . Inlet Type 'D' w/J-bottom - modified ] EA 53,050 S3,05 8.e ]nletType'F' 5 EA S],800 $9,000 8.d Inlet Type 'G' 3 EA $4,200 $]2,600 8.t Curb Inlet Type' J-6' 1 EA $4,050 $4,050 8. . Manhole P-8 5 EA $2,300 $] 1,500 9 ] . ] 0 Y Asphalt Overlay w/miJIing ] 800 SY $6.50 $] 1,70 FDOT Type 'D' Curb and FDOT Drop Curb in front of driveways ~f.E ~ 10 will be paid for as Type 'D; curbing at same unit price.'!)"" ::B.: ~ ]O.a . Type'D'/DropCurb ],630 LF $15 $24,450 Tech New Roadway shall include removal and disposal of a]] existing Spec asphalt, base course, and sub-base. J1 02740 8,000 SY S]8 S]44,00C Tech Jack and Bore. Incidentals shall include, but are not Jimited to 4~ Spec inch relief vent with gooseneck and insect screen.'LK: 12 02446 Ni;y J 2.a . 24" Steel Casing 50 LF $250 SI2,5"oõ ]2.b . 54" Steel Casing ~o LF $600 $30,000 FDOT Barriers, per FDOT index 400 and FDOT standard specification 13 Section 536. 13.a Guardrail, W-Beam and Timber ],750 LF $]4 $24,500 13.b End Anchorage Assembly, Type II ]6 EA $1,052 S16,832 ] 3.e Miscellaneous asphalt pavement (200 IbíSY) 365 SY $8 52,920 FDOTi Pavement Markings and Traffic Signage. 14 Drawings 1 LS 528,]00 $28,]00 Per Water Quality Improvement Device. Devices shall be capable _ Drawings excluding oil, water and grit from the exfiltration trenches. Wate . quality improvement device shall be Snout, by BMP, Inc. 0 IS approved equal. ] 5.~ . Size 24F 2 EA $450 $90 ]5.b . Size48F 17 EA $],300 $22,10 16 Trench Safety System for OSHA Compliance 4,000 LF $1 $4,000 17 SUB TOTAL BASE BID PRICE (Item #'s 1 through 18) $859,052 1/2 Downtown Watershed Stormwater Improvements Phase 2 of 3, Area I Revised based on Addendum No.2 Engineer's Opinion of Probable Cost General Conditions include: Mobilization/Dem obilization, Bonds, Insurance, Permits, and Maintenance of Traffic (per roOT index 600 and FDOT standard specification section 536). General Conditions are limited to a maximum of eight percen 18 1.10 Z (8%) of base bid sub total (Item No. 18). NiA 1 LS $68,724 NPDES - Limited to a maximum of one and one-half (1.5%) 0 19 1.1 0 AA the base bid sub total- Item No. 18 NfA I LS S12,886 20 Indemnification NiA I LS SIC 21 TOTAL BID PRICE (Item #'s 19,20,21 & 22) $940,672 (enter this amount on Bid Proposal Page BP-) CONTIGENCY (10%) $1,034,739 2/2 N Õ ~ >- . z o « ~ ~ ~ :2 Z 0 ~ mco g ü ~W~Nco 0 ç ~ g~~~~£ø ø ø ~ ø ø ø ø ØW .¡c W W"'NN'EW W W - W W W W We::: .¡c »"'mmã)>- >- >- ~ >- >- >- >- >-~ W«~"''''~ 0 ø Oû)LL--~ ~ O~¿IDIDC w ~ z~B~~~ W 5 .ro~~~ I- ~c¡j¡j ~ze:::w « ~ ~ :t::.S"" «",roc.. > CD 0-'" (Oooxc > ~ ~~~ ONO~ro~ C ¡¡¡,g O'<ten~LL« 0 m g m _ .<: '" '" ....... 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W (J) f- ,I, 0 ::!:: WW a.. f- - \J .J WO (J)~ :> c oc :Jo ü: a... ~~ (J)~4:: ã::- « > 0 OCw LL ::E «« ..N, w::E 0 « ~o Of- « 0 ~ _ wû..i~ o~ ü: ê ::Ew «c t; 0 M ~~~ 9(J) ~ LL LL~ LL::E « ::Eo Zu. o¡:::..... m(J) « O~ om > «w :> 0 ,n ,n C\I LL Z Oz :10::: Z m Z ~ f- a:: f- M > '-''-'æ 00 - 0 O:J Ow ~ C>c - ON ~~ I f-¡::: (J) ~ ¡:::(J) ¡:::O «0 O::E (J) 0 ~ ZZ'¢ Z« :J .... « « (J) OCID f- M ZW WWO>o ~ ~~ :j ð ::E~ ::E::5 :I:~ a...:J Z ãí :>C/) a..a.. 0 ""'LL 0 - OCw OCa... f- >(J) w Q) >« OO~ 0 ~~ 0 ~ ü:~ ü:~ ~~ ~::E ::E ~ OJ: 000 Z «« Z f- Z(J) Zo wm LLOC ::E --- W I-:J 0 Z O:J 0 OC:J «0 0 On. mmen > (J)O Z « Om O~ f-(J) (J)LL 0 BID TITLE: DOWNTOWN W A TFRSHFD STORMW A TFR TMPROVEMFNTS - PHASE 7. OF 1, ARFA 1 BID NUMBER: 094-7.R7. 1-04/1 A PROJECT NUMBER: STMOl R & WTR 11 0 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into tlns 1ni (hy of Novemher, 2004, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and C:o::¡stl::¡nò Development, Tnc. a Florida Corporation LX~ Check One a Florida General Partnership L-) a Florida Limited Partnership L-) a Sole Proprietor L-) hereinafter called "CONTRACTOR". WITNRSSRTH WHEREAS, 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: DOWNTOWN W A TRRSHRD STORMW A TRR lMPROVRMRNTS - PHASF. 2 OF 1, ARRA 1 WHEREAS, Contractor, in compliance with the bidding requirements armounced by the City, submitted a bid on the 21rò òay of Septemher, 7.004, for the total bid amount of $1,036,460.00; and, WHEREAS, On the 1rò ò::¡y of Novemher, 2004, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within .11ill...calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenar1ts contained herein, the parties agree as follows: C - I Utilities Department Rev. 12/30í03 -----.~~-------- 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by 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, INDEPENDENT CONTRACTOR. 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. Technical Specifications 2.2.10. Contract Drawings and Plans 2.2.11. Addenda 2.2.12. Written directives or interpretations 2.2.13. Manufacturers warranties C-2 Utilities Department Rev. 12/30/03 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perfonn a11 the work and labor pursuant to this contract and all of the materials furnished shall be in strict confonnity 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 confonnity with the detail for said work on file in the offìce of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8. Remove and clean up a11 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. 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.10. Obtain written approval :trom the CITY of all subcontractors not disclosed C - 3 Utilities Department Rev. 12/30/03 in the Contractor's bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents. 3.1.12. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) of the Award ofthe 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 rrom any cause resulting rrom their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 4.2. Make timely payments for the work in accordance with the procedures and time rrames 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 within (10) calendar days of the Commencement Date specified in the written "Notice to Proceed," and to achieve Substantial Completion without interruption within l.8Jl calendar days thereafter. 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, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. C-4 Utilities Department Rev. 12/30/03 5.3. CONTRACTOR shall notiry the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shalI not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $1,200.00 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 achieve Substantial Completion within 1&l 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. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7. PROTECTION OF EXISTING FACILITIES AND \VORK IN PROGRESS 7.l. 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 Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.L The CONTRACTOR shall indemniry 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 perfonnance of services under this Agreement. c- 5 Utilities Department Rev. 12/30/03 8.2. CONTRACTOR sha1l indemnifY and save harmless and defend CITY, its agents, servants and employees fTom 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 trom 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 do1lars ($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 miHion 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 fu1l intention that this provision sha1l be enforceable and said provision sha1l be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shan obligate 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 fTom the other. 8.4. The obligation of the CONTRACTOR to indemnifY the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. c- 6 Utilities Department Rev. 12130/03 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-46, FŒLD CHANGE DIRECTIVES/CHANGE ORDERS. 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is Ana DeMelo, P.R., ramp Dresser & McKee, Jnc., (561) 6R9-JJJ6. 11.2. The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shaH, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its perfonnance, he shaH side neither with CITY nor with CONTRACTOR, but shaH 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 Engineer is to make recommendations to the Project Manager who shaH make the final decision. C-7 Utilities Department Rev. 12/30103 12. INSURANCE 12.1. The Contractor shaH obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13. CONTRACT CONTROLS 13.l. This Contract must be construed with an other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shan 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-17, CONTRACT INTERPRETATION. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finany 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, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. C - 8 Utilities Department Rev. 12/30/03 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. INITIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY. 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. C-9 Utilities Department Rev. 12/30/03 ,,~-<- '.,-_..~- --_.._---_.~-- IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk i.vith 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 COASTJ ,AND DFVFJ ,OPMFNT, JNC in the presence of: President or Vice President 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-lO Utilities Department Rev. 12/30/03 PUBLIC CONSTRUCTION BOND BY THIS BOND, We , as Principal and , a corporation, as Surety, are bound to City of Roynton Re::Jch, herein called Owner, III the sum of $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Perfonns the contract dated , between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Perfonns the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 5. Any changes in or under the contract documents and compliance or noncompliance with any fonnalities connected with the contract or the changes do not affect Surety's obligation under this bond. DATED ON (Name of Principal) BY: (Name of Surety) PCB - 1 Rev. 07/30/03 - ...""'-.-.->~ . <___~n'~~o--__--'-._ -~-<"- ~--- -----~-~--~"'=.....-~~---- . -- -~-,--~------- -~------ CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF , being first duly sworn, deposes and says as follows: He is of , (Title) (Name of Corporation or Firm) a Florida Corporation ( ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) which is named in Construction Contract dated the day of , 20_, between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment fTee and dear of al1liens, and al1laborers, materialmen and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of ,20_ Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE THIS FORM SHAH, BR RXRCIJTRD BY CONTRACTOR AND SITRMTTTRD WITH FINAl, APPUCATION FOR PAYMRNT Utilities Department WT-I Rev. 10/28/03 ,\1-. ~ .- --"-- -. , ADDITIONAL BACKUP VI. - CONSENT AGENDA ITEM B.1- Award Bid #094-2821-04/JA, "DOWNTOWN WATERSHED STORMWATER IMPROVEMENTS - PHASE 2 OF 3, AREA 1", to Coastland Development, Inc. and to execute a contract by resolution in the amount of $1,036,460.00. Also approve an owner's contingency of 100/0 in the amount of $103,646.00 for a total project budget appropriation of $1,140,106.00 (PROPOSED RESOLUTION NO. R04-) 11-3-04 VI.-CONSENT AGENDA ITEM B.l Project Name: RAILROAD AVENUE I _ ..._.1. WATER MAIN CONNECTION & STORMWATER IMPROVEMENT PROJECTS Project Funding, 407-5000-590-96.07 STM018 Utilities Accounts: 407-5000-590-96.02 WTR010 Key Dates Funding Schedule and BudQet Notice To Proceed 12/6/04 Consultant: $ 201,630.00 Project is fully permitted and is Substantial Completion 7/8/05 Contractor: $ 1.036.460.00 budgeted for the 04/05 budget Project Closeout 8122/05 Total: $1,238,090.00 year under the account numbers noted above. I This project is for the replacement the area's water mains and services. Some highlights of the project I include : i · 7,000 If of 6" water main I · 79 water service connections I · 2,000 If of service piping · 4 permanent water sampling stations · 31 fire hydrants · 3,800 sy of asphalt overlay i Project Map NORTH "". ,.~.~ .J W 0: oJ C} ~ ~ z 0 1: u ;) 1í :0 I ) ..- 1 in. = 252.5 feet Title Line 1 VI.-CONSENT AGENDA ITEM 8.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 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 ~ November 3, 2004 (Noon) October 18,2004 D September 2 I , 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November 1, 2004 D Administrative D Development Plans NATURE OF ~ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unftnished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Motion to approve the "Pig~-Back" of the State Contract .#863-000-~3-01 a~rdl(1\~: EASY PAY TIRE COMPANY for the purchase of tires for our Fleet Department ID the estimated 'amouü1j : $50,000.00 for the fiscal year 2004 - 2005. g-< 2 -'-J '; co EXPLANATION: Procurement Services Division received a request from the Warehouse to utilize the StatJ1ConftiR:t, # 863-000-03-01 awarded to EASY PAY TIRE COMPANY, for the purchase of tires. Warehouse stocks mosf:tir-]i.e tires for our Fleet Division. ~ ~¡} 6 Ñ :::J-- -n .ã- Procurement Services recommends Commission's review, evaluation and approval. -rj Q) U1 -Gì 0 (Jþ. ,'1("") :r: PROGRAM IMPACT: ,Most of the tires are stocked in our warehouse for our Fleet Division or purchased on an "As Needed Basis". FISCAL IMP ACT: Funds are allocated for this purchase in the following Inventory Account: ACCOUNT DESPCRIPTION ACCOUNT NUMBER ANTICIPATED EXPENDITURE: WAREHOUSE INVENTORY 502-000-141-000-00 $50,000.00 7/(~~ ~ Assistant t the Finance Director ŒYM.a~ Procurement Services Department Name City Atto~ey / Finance / uman Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC [Contract Number) -- Vendor Information Page 1 of 1 Tires 863-000-03- 1 Instructions to Bidders Technica~ Specifications General Conditions Award Index Revisions E-Procurement Amendment Complete Contract http://www.myflorida.com!st_contracts/863000031 / contractdocs.htm 10/15/2004 263-000-03-1 = Tires Page 1 of 1 Tires 863-000-03- 1 Effective: 1/1/2003 through 2/28/05 If Rate this contract View survey Results Certification Contract Administrator Price Sheet URLs Ordering Instructions Contract Documents Contractors Bridgestone/Firestone North America Tire. LLC http://www.bfentirenet.coml The Goodyear Tire and Rubber Company http://www. goodyear.com/gov/ gs0230918.pdf Michelin North America. Inc. http://W\.vw.MichelinB2B.com http://www.myflorida.comlst_contracts/863000031/ 10/15/2004 VI.-CONSENT AGENDA ITEM B.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 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 [8J 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 [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: A motion to approve a sole source purchase from DATA FLOW SYSTEMS of ~Ibouriìè, Florida for the purchase oftelemetry repair parts for wells and lift stations in the amount of: $50,000.00. .~:: S~ a ._-_ C) , <-.J EXPLANATION: Procurement Services Division received a request from the Warehouse to purchasnlecIrori\c components for the wells and lift stations in the Utility Department as a sole source from DATA FLOW S~TEM~f Melbourne, Florida. ..ii::; -0 ........ ~ ./);::! PROGRAM IMP ACT: The electronic componentsffelemetry repair parts for the Telemetry Systems of ~ we1Jf:iDd lift stations throughout the City. .~. 2!~ \.0 g> Procurement Services Division recommends CODlßÙssion's review, evaluation and approval. ~ FISCAL IMP ACT: Funds are allocated for this purchase in the following account: Account Description: Account #: Anticipated Expenditure: WAREHOUSE INVENTORY 502-000-141-000-00 ~ "/'XoJ. YJú..uuo Assistant ~e Finance Director City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / n Res ces S:\BULLEllN\FORMS\AGENDA ITEM REQUEST FORM.DOC WAREHOUSE PAGE 01 10/18/20134 1Ð:B0 5517426235 '5/3;.20(,;'1 1(::6'1 Ni i~'JM: ~."'I:'-: r..)r..~, :.....;..!,' i']'r':;t-(""~Jf '!">"n.. ] .~)! ~ ~ ì r:/~_ ~Ii¿-~::~~, ~-¡.f~;!'~ ~r;:· '~:T C{;~ GP CLv,J¿ 'ð/ " ; .. ~". '''ì . ',¡,. ,~~~;;'/tr~î}_l::~~'J~~/r-~:~~;' __....~ "-'''~' .___._.__.__~_ ... ~___~_____·.k·..R"~_"____'____ _______..._____....._..__._...,..."..._._.._..___.. t I ." June 3,2004 Mr. Mike Dauta City of BDynton Beacr Fax; 561-742-6295 This letter is to advise that Data Flow Systems, Inc.. of Melbourne. Florida, is the sole source for the TAC II Telemetry System Remote Terminal Units (RTU) and PCU 'AC Packs utilized for Boynton Beach. DFS de~igns. manufactures, installs and services the TAC "units There are no other dealers. distributors, or serJÎce organizations that offer or service TAC II units. Thank you for your intere$t in Data Flow Systems. Plêase let me know if I can provide additional information. Sincerely, Data Flow Systems, Inc. ~1 WJh/··-;"~;.I<> D~bbie Wilkinson Sales Administrator debbie@dataflowsys.com PL1:ASE VISIT DUR Wr::SSIT!: @ IIMwd:¡r¡¡n~.com Detl.! Flow Syst"m~. In~ J 605 N. John Rode~ el'Jð, 1 Melbourne, >'1ori:10 3?9~4-9105 1 PH, 321'-~9.S009 1 ~AX 31125g4')CS VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.2. AGENDA ITEM REQUEST FORM Requested City Cormnission Date Final Form Must be Turned Requested City Cormnission Date Final Fonn Must be Turned ill Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Office D August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) Sepùmnber20. 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 I:8J November 3, 2004 ~oon)~18,2oo4 D September 21, 2004 (Noon) Sepùmnber 7, 2004 D November 16, 2004 (Noon) November 1, 2004 D Administrative D Development Plans NATURE OF 181 Consent Agenda D New Business AGENDA ITEM 0 Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Motion to approve and execute by Resolution, Task Order #U04-05-12 CH2M Hill, Inc. for additional engineering services for the Redevelopment/Replacement Water Supply for the East Wellfield, Wells 10E, HE, and 13E project for $133,321.00 EXPLANATION: Task Order No. 24 for CH2M Hill was approved by City Commission for the design, permitting, bidding, and construction management services for the replacement of two (2) surficial aquifer wells in our East Wellfield, wells 3E and 10E. The City's Consumptive Use Permit (CUP) issued by the South Florida Water Management District (SFWMD) has severely limited the individual well withdrawal rates in the entire East Wellfield due to the potential for saline water intrusion at deeper depths within the shallow aquifer. The lowest permitted withdrawal rate limitations were placed on wells 10E - 14E that have an average depth of 180 feet. An application was submitted to SFWMD for a minor modification to reconstruct these five (5) wells at a shallower depth in an effort to prevent saline water intrusion. When the modification was approved by SFWMD, CH2M Hill was directed to stop design on well 3E (now "locked-out" due to the proximity of the East Water Treatment Plant's fluoride tank) and redirect their efforts on wells 10E - 14E. Utilizing unused funds from Task Order No. 24, CH2M Hill completed the design for the reconstruction of these five (5) wells in February, 2004. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The modified project design called for the replacement/redevelopment of the five (5) wells to shallower depths of approximately 80 to 100 feet. The project was advertised for bid and opened in March, 2004. Three (3) of the wells are located on Palm Beach County school property (Forest Hill Elementary) making it necessary to meet a stringent timeline to coincide with the school's summer break. The start of the project could not comply with the necessary timeline and the bid was cancelled. Ultimately, Utilities staff was directed to re-bid the project and to only construct three (3) wells, 10E, liE and 13E. PROGRAM IMPACT: The changes in Task Order No. 24 resulted in a reaJlocation of funding for individual tasks. With the elimination of construction of well 3E, the design and permitting for wells liE - 14E, and the re-bid for only three (3) wells, additional funding is required to complete this necessary development to the east wellfield. CH2M Hill will provide professional services for bidding, construction management and resident observation for the replacement of wells 10E, liE and 13E as detailed in Task Order No. U04-05- 12. The re-bid is scheduled to open October 26, 2004 and staff anticipates the award recommendation will be submitted for the November 16, 2004 City Commission Agenda. FISCAL IMPACT: The fiscal impact of this task order is an additional $ 133,321.00. Funds are available from the following Utilities CIP Accounts: Task Order Commission Account Number AMOUNT ApprovaJ Date Task Order No. Recommended for 401-5000-590-96.02 WTRlI5 $ 133,321.00 U04-05-12 11/03/04 The current Task Order No. 24 was approved by City Commission on April 1, 2003 for $ 135,404.00. S:IBULLETIN\FORMS\AGENDA ITEM REQUEST FORM.IX>C CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: There are no alternatives. It is crucial for the City to meet the requirements outlined in the CUP from the SFWMD. If these requirements are not met, it will place the City at risk of not being able to meet the demands of our potable water customers. f~ ~ ¡"j;4/p4' ~ Nem M. mez Kurt Bressner Interim Utilities Director City Manager J Utilities Department q~ Department Name City Attorney I Finance I uman Resources Attachments: Three (3) Original Task Orders No. U04-5-12 bc: Dale Sugerman, Assistant City Manager Nemesio Gomez, Interim Utilities Director ~ Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Administration Utilities File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I I 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE 5 CITY MANAGER TO EXECUTE TASK ORDER NO. 6 U 04-05-12 \VITH CH2M HILL FOR ADDITIONAL 7 EN GINEERING SERVICES FOR THE 8 REDEVELOPMENT/ REPLACEMENT WATER 9 SUPPLY FOR THE EAST WELLFIELD, \VELLS 10E, 10 l1E AND BE, IN THE AMOUNT OF $133,321.00; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 \VHEREAS, Task Order No. 24 with CH2M Hil1, approved by the City Commission 15 on April I, 2003, provides for the design, permitting, bidding, and construction management 16 services in connection with the replacement of two surficial aquifer wel1s (Wel1s 3D and 17 lOE) in the City's East Wellfield; and 18 \VHEREAS, the City's Consumptive Use Permit issued by the South Florida Water 19 Management District ("SFWMD") has severely limited the individual wel1 withdrawal rates 20 in the entire East \Vel1field due to the potential for saline intrusion at deeper depths within 21 the shallow aquifer; and 22 \VHEREAS, an application was approved by the SFWMD for a minor modification 23 o reconstruct wells in the East Wellfield at a shallower depth in an effort to prevent saline 24 ntrusion; and 25 WHEREAS, upon the approval of this application by SFWMD, CH2M Hill was 26 irected to cease design on Well 3E referenced in Task Order No. 24 and redirect its efforts 27 o the design of shallower wells; and 28 \VHEREAS, City staff intends to solicit bids for the construction of three wells, 29 ells lOE, lIE, and BE; and :ICAIRESOlAgreemenlslTask - Change OrderslCH2M Hill Task Order U040512.doc I I I ¡ 1 \VHEREAS, additional funding is required to complete this necessary development 2 to the East Wellfield; and 3 WHEREAS, The cost for the additional funding for Task Order No. U04-05-12 is 4 $133,321.00. 5 6 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMl\lISSION OF 7 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 Section I. The foregoing "\Vhereas" clauses are hereby ratified and confirmed as 9 being true and correct and are hereby made a specific part of this Resolution upon adoption 10 ereof. 11 12 l Section 2. The City Commission of the City of Boynton Beach, Florida does 13 ereby authorize and direct the approval and execution of Task Order No. U04-05-12 with 14 CH2M HILL for additional engineering services for the redevelopment/replacement Water 15 Supply for the East Wellfield, Wells, 10E, lIE and BE, in the amount of$133,321.00. 16 17 Section 3. This Resolution shall become effective immediately upon passage. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 :\CAIRESOlAgreementsITask . Change Orders\CH2M Hill Task Order U040512.doc I I I I 1 2 PASSED AND ADOPTED this _ day of November, 2004. I 3 ! 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 I 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 21 ATTEST: 22 23 24 City Clerk 25 26 :ICAIRESOlAgreemenlslTask - Change OrderslCH2M Hill Task Order U040512.doc \ Task Order No. U04·5·12 Construction and Resident Inspection Services for Three Replacement Water Supply Wells at the City of Boynton Beach's East Well Field A. Introduction and Background As part of previous Task Order 24, CH2M HILL began preparing the design and permitting for replacement water supply wells 3E and IDE. Since that time, the City had been severely limited by the-South TloIida Water Management Drstrict (SFWMD),,='n the LT\dividual well withdrawal rates in the entire East Wellfield due to the threat of saline water intrusion at depth within the shallow aquifer. Some of the lowest permitted withdrawal rate limitations were placed on wells IDE -14E. In response, the CITY submitted an application to SFWMD for a minor modification to SFMWD to reconstruct these five wells at shallower depths. The application was approved and thus the CITY directed CH2M HILL to stop design on well 3E and redirect efforts towards the design of wells 10E-14E. The design was completed in February 2004, construction bids were received in March 2004. Construction of two of the wells (12E and 14E) were on Forest Park Elementary school property and required construction to be conducted during the summer months Gune - August). After bids were received and reviewed, the CITY selected the second lowest, responsive, responsible bidder, Southeastern Drilling Services, due to some concerns regarding the contractor providing the lowest bid. However, due to time constraints and meeting OTY Commission agendas, the OTY was unable to start the project in time to comply with the school's requirements for construction. Thus the CITY has elected to only construct wells IDE, 11E and 13E and re-bid the project. The City has requested that CH2M HILL provide rebidding and construction management and resident inspection services related to the replacement of wells I DE, lIE and BE. Although a portion of these services were included in Task Order 24 for wells 3E and IDE, the OTY authorized CH2M HILL to conduct the additional design, permitting and bidding for replacement wells IIE-14E utilizing the fee previously set aside for construction management and resident inspection services. Therefore, this Task Order provides the scope of work, schedule, and fee estimate for conducting these services for wells IDE, lIE and 13E. B. Scope of Services This scope of services provides for bidding, construction management, resident observation and startup services for the replacement of water supply wells IDE, 11E and 13E, located within the City's East Wellfield. DFBIT ASK ORDER U04-5-12 1 Submittal Review. CH2M HILL will process and review submittals from the contractor including shop drawings, product data, schedules, progress payments and will provide up to one additional review per submittal. Payment Applications. CH2M HILL will review payment applications received from the Contractor and upon acceptance of quantities and percent complete, will sign and forward onto the City for approval and payment. Field and Change Orders. CH2M HILL will review with the CITY project manager and issue field orders, requests for quotation, work change directives, and change orders as needed throughout the project. Requests for Information. CH2M HILL will also review with the CITY project manager and respond to Field Change Requests (FCR), Requests for Information (RFI) and Clarification submitted by the Contractor. Following review by the City, CH2M HILL will issue field orders, Requests for Quotation (RFQ) and Change Orders as required by the project. Project Start up and Close Out. CH2M HILL shall conduct project close out services including: · Incorporation of as-built information provided by the Contractor into a final set of Record Drawings. · Conducting substantial completion and final acceptance inspection and issuing punch lists following each inspection. · As part of the above inspections, CH2M HILL will coordinate, document and provide technical oversight during start up. · Reviewing final close out change orders and payment applications from the Contractor for processing by the City. Task 6.1- Resident Observation CH2M HILL shall conduct resident observation services during the well construction and testing. It is assumed that each well take approximately 8 to 10 weeks to substantially complete. Of that time, it is assumed that full time (8-hour day) resident observation will be required for up to two (2) weeks per well. Full-time resident observation will be provided during drilling, casing installation, cementing and testing by the CONTRACTOR and includes time to coordinate with SFWMD for inspections as required. CH2M HILL shall provide part-time resident observation services during activities such as well development and the construction of surface facilities including piping, mechanical, pumps and motors, electrical and instrumentation. It is assumed that part-time (l6-hours per week) resident observation will be required for up to 8 weeks per well. DFBITASK ORDER U04-5-12.DOC 3 Task Description Labor Labor Cost Expense Cost Totals Hours Task 4.1 - Bidding Services 124 $11,998 $2,7558 $14,753 Task 5.1 - Construction Management 410 $39,297 $3,259 $42,556 Services Task 6.1 - Resident Inspection 620 $47,184 $12,0168 $59,200 Task 6.2 - Additional Resident 202 $14,890 $1,922 $16,812 Inspection Grand Totals 1,356 $113,369 $13,938 $133,321 8 Includes costs for electrical and I&C subconsultant Hillers Electrical A breakdown of the labor costs is included as an attachment to this Task Order. Work completed by CH2M HILL will be invoiced as part of the original invoice monthly on a percent complete basis, but will be broken out by task. A summary of work completed will be included with each invoice. G. Schedule CH2M HILL will conunence services upon receipt of written authorization and will complete the work according to the following schedule. Task Description Start Finish Task 4.1 - Bidding Services July 2004 October 2005 Task 5.1 - Construction Management November 2004 July 2005 Services Task 6.1 - Resident Inspection December 2004 June 2005 Task 6.2 - Additional Resident As Required As Required Inspection Total time for notice to proceed to completing construction close out services is estimated at approximately 10-12 months. DFB\TASK ORDER U04-5-12.DOC 5 City of Boynton Beach East Wellfield Replacement - Rebidding and Construction Services Tasks and Hours Classification Rate 4.1 5.1 6.1 6.2 Total Costs Client Service Manager $ 150.0 4 8 8 4 $ 3,600 Senior Project Manager $ 160.0 24 96 12 $ 21,120 Engineer/Hydrogeologist $ 85.0 16 200 240 120 $ 48,960 Senior Field Representative $ 122.0 192 $ 23,424 Project Engineer $ 122.0 6 13 10 $ 3,538 Senior Designer $ 95.0 6 13 10 $ 2,755 Senior Administrative Support $ 75.0 48 $ 3,600 Administrative Support $ 54.0 24 54 40 $ 6,372 Total labor Hours 128 384 480 156 $ 1,148 Total labor $ 11 ,998 $ 39,297 $ 47,184 $ 14,890 $ 113,369 Expenses 1 $ 2,755 $ 3,259 $ 12,016 $ 1,922 $ 19,952 Totals $ 14,753 $ 42,556 $ 59,200 $ 16,812 $ 133,321 1 Expenses for Tasks 4.1 and 6.1 include costs for Hillers Electrical Engineers. 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 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 D October 19,2004 (Noon) October 4,2004 D September 7, 2004 (Noon) August 16,2004 !:8J November 3, 2004 (Noon) October ]8,2004 D 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 Unfmished Business D i\nnouncement D Presentation D City Manager's Report RECOMMENDATION: Authorize the execution by Resolution of Amendment #2 to Task Order #1, in the amount of $52,000 to Brown and Caldwell, Inc., to provide for continued professional consulting services from October 19, 2004 through December 15, 2004. EXPLANATION: The City's Utilities Department serves over 90,000 people within its service area. An aggressive Capital Improvement Plant, and rapid development and redevelopment of properties within the Utility's services area will place higher demands on the Department's staff and procedures, in order to maintain customer satisfaction. The City has determined that it would be in the best interest of the customers and the Department to hire a licensed Professional Engineer to manage the day-to-day operations of the Department, as well as to provide support to the Department's strategic planning process. In the interim, Brown and Caldwell has been authorized by the City Commission to provide these Department Director services on an interim basis, until a permanent Director is hired. During the week of August 30th, the Human Resources Department, placed advertisements for Utilities Department Director in several professional journal publications. During the month of September, the City received approximately ten (10) responses to the classified advertisements. These resumes will be evaluated and the most qualified candidates will be interviewed during the month of October and early November, in an effort to negotiate an employment contract with the most qualified candidate by November 30th. This effort has been delayed as a result of staff commitments to hurricane recovery efforts during the month of September. This adjustment wi11 also provide a period of overlap with the selected permanent replacement. PROGRAM IMPACT: Amendment #2 to Task Order #1 will provide for continued Utilities Department Management Services through December 15, 2004. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMP ACT: Funding for this project is provided under Account No. 401-2821-536-49-17. Amendment #2 to this task order will constitute a fee of $52,000. The existing task order budget of $233,800 (as amended on September 7, 2004) will be increased to a limit of $285,800. AL TERNA TIVES: Œy Manager to a" e ...pon,ibmty for Inlerim [JtiUtie, Department ~nt. Man " Signatore c~, Kurt Bressner Kurt Bressner City Manager City Manager Utilities Department Department Name City Attorney í Finance í Human Resources Attachments: Copy of scope ofservices associated with the original Task Order #1. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORJ\1.DOC I 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING AMENDMENT NO. 2 TO TASK 6 ORDER NO.1 TO BRO\VN AND CALD\VELL, INC., IN 7 THE MIOUNT OF $52,000.00 TO PROVIDE 8 CONTINUED PROFESSIONAL CONSULTING 9 SERVICES FROM OCTOBER 19, 2004 THROUGH 10 DECEl\'IBER 15, 2004; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 \VHEREAS, on May 18, 2004, the City approved Task Order No. 1 with the finn of 14 Brown and Caldwell to provide interim Utilities Director services for a period of twenty 15 (20) weeks; and 16 \VHEREAS, on September 7,2004, Task Order No. I was amended to provide for 17 an analysis of the Utilities department to assess its current organizational structure and 18 processes; and 19 WHEREAS, as a result of staff commitments to hurricane recovery efforts during 20 the month of September, the efforts to evaluate resumes and negotiate an employment 21 contract with the most qualified candidate have been delayed; and 22 WHEREAS, the amendment will extend the services from October 19, 2004 23 through December 15, 2004, and wíl1 provide funding for continued services by the Interim 24 Utilities Director as well as affording additional time to help select and secure the services 25 of a pennanent Director of Utilities; and 26 \VHEREAS, the City Commission, upon stairs recommendation, has deemed it 27 appropriate and in the best interests of the public to approve Amendment No. 2 to Task 28 Order No.1 in the amount of $52,000.00 to Brown and Caldwell for continued services by 29 the Interim Utilities Director as well as affording additional time to help select and secure 30 the services of a pennanent Director of Utilities. S:ICAIRESOlAgreementslTask - Change OrderslAmendment No 2 -Brown and Caldwell - Task Order 1.doc I I I I I j I I 1 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF I 2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinued 4 as being true and correct and are hereby made a specific part of this Resolution upon I 5 adoption hereof. 6 Section 2. The City Commission of the City of Boynton Beach, Florida does 7 hereby authorize and direct the approval and execution of Amendment No.2 to Task Order 8 No. I in the amount of $52,000.00 to Brown and Caldwell, for continued services by the 9 Interim Utilities Director as well as affording additional time to help select and secure the services of a penuanent Director of Utilities. I 10 I I Section 3. This Resolution shall become effective immediately upon passage. I 11 I I , PASSED AND ADOPTED this _ day of ,2004. i 12 13 CITY OF BOYNTON BEACH, FLORIDA I 14 15 16 Mayor 17 I 18 19 Vice Mayor 20 21 22 Commissioner 23 24 25 Commissioner 26 27 28 ATTEST: Commissioner 29 30 31 City Clerk 32 S:ICAIRESOlAgreementslTask - Change OrderslAmendment No 2 -Brown and Caldwell- Task Order 1.doc 1 RESOLUTION NO. R04- Dei 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AlITHORIZING EXECUTION OF TASK 5 ! ORDER NO. 1 TO THE FIRM OF BROWN AND 6 CALDWELL TO PROVIDE INTERIM UTll1TIES 7 DIRECTOR SERVICES FOR A PERIOD OF AT LEAST 20 8 WEEKS AT AN ESTIMATED COST OF $128,000; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the recent or scheduled departure of two Deputy Utility Directors due to 13 the early retirement incentive program and the aggressive capital improvement program 14 warrant a return to a more conventional management system with the Utility Department 15 supervised and managed by a licensed professional engineer with specific experience in 16 environmental or utility engineering; and; 17 WHEREAS, the City Commission, upon staff's recommendation, has deemed it 18 appropriate and in the best interests of the public to approve Task Order No. 1 with Brown 19 and Caldwell to provide Interim Utilities Director services for a period of at least 20 weeks at 20 an estimated cost of $128,000.00; 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby authorize and direct the approval and execution of Task Order No. 1 to Brown and 28 Caldwell to provide Interim Utilities Director services for a period of at least 20 weeks at an S:ICAIRESOIAg'-"""ts\Task - Change Orders\Brown and Caldwell.doc 1 estimated cost of $128,000. 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this .Jª- day of MA1 ,2004. 4 5 6 q 9 10 11 12 13 14 15 16 17 18 19 20 21 .-- 22 23 ~ 24 25 26 S:\CA\RESO\Agreerrents\Task . Change Ordets\Brown and Calmwll.doc Task Order No. 1 - Water And Wastewater Utility Management Services A. Background The position of Utilities Department Director for the City of Boynton Beach (City) is currently filled on a part-time basis by the Assistant City Manager. The City desires that the position be filled on a full-time interim basis, utilizing the services of Brown and Caldwell (BC) while a search for a permanent Utilities Director is conducted. The City has requested that Be provide a scope of work to address this request for Utility Director Services for the City's Water and Wastewater Utility. The specific tasks are described below in Section B, Scope of Work. The Director of Utilities is responsible for managing the day-ttrday activities of the Department and responding to the needs of the City Manager. The following are specific examples of the skills to be provided: · Planning sIdlls and management techniques, as they relate to public utilities · Applying the principles, practices, and procedures of public and business administration as required in a large operation. · Assisting the City in the "enterprise funding" p~ess as related' to budgeting, cost accounting, financial planning and management. · Assisting the City in the "general funding" process utilized by loeaI government. · Communicating effectively, orally and in writing, with the City Commission and City Manager. · Planning and directing the work. of a staff of technicaI and clericaI employees. · Maintaining effective working relationships with staff, other departments and the public. With these skills in mind, Be has compiled the following scope of work listing the duties anticipated. The duties have been separated into three tasks reflecting the categories of work required. B. Scope of Services Task 1 - General Utility Management Be will be responsible for the following general utility management tasks, as they relate to interaction with other City Departments and the generaI pub1i!== . Professional and administrative work planning. - 4P:\GEM91079....R.OR~BlM2O_BOYNTONIOf\\YOfIILOROER..1\TASK..ORDER_0t£.DOC 1/4 VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin ( Dates in to City Clerk's Office Meetin ( 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 [8J October 19,2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18, 2004 D September 21, 2004 (Noon) September 7,2004 D 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 D Legal 0 f .s:- O Bids 0 Unfmished Business 0 ('"') 0 Announcement 0 Presentation -4 D I City Manager's Report .s: :' RECOMMENDA TION: Approval of the Police Service Contract Amendment for budget year 2004-2005 with the C.R.A. ."--- ~ ' ; .'? '" EXPLANATION: ::c: On August 3, 2004 the City and the C.R.A. entered into an agreement to provide Police Service to the C.R.A. district. This is only an amendment to the original agreement for the 2004-2005 budget year. The CRA will provide the funding for the personnel and equipment in accordance with the contract. PROGRAM IMPACT: Provide additional police personnel and services for the Heart of Boynton and the downtown and marina area. FISCAL IMPACT: No fiscal impact. C;) 0 .1:.;- 2==ï ALTERNATIVES: Q -<-< --- /;?~--- CJ "0 -I ,') ..., , L -= CD .ç:- ~c:: -~-,-- -.... .boo ' ::z: Department 19nature """- (;') -; ~ ::::Jo ':? ...,:;e: Q -r,co Police -~ - {J.:t::. Department Name City Attorney / Finance / Human Resources II' C"J :J: S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ! 1 I 2 RESOLUTION NO. R04- 3 I 4 5 A RESOLUTION OF THE CITY COM.MISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 FIRST AMENDMENT TO THE AGREEMENT 8 BET\VEEN THE CITY OF BOYNTON BEACH AND 9 THE BOYNTON BEACH COMl\'IUNITY 10 REDEVELOPMENT AGENCY FOR ADDITIONAL 11 POLICE SERVICES 'VI THIN THE AREA KNOWN 12 AS HEART OF BOYNTON BEACH; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 16 \VHEREAS, on August 3, 2004 the City of Boynton Beach and Boynton Beach 17 Community Redevelopment Agency entered into an agreement for additional police 18 services in the downtown and marina districts along the Heart of Boynton area; 19 \VHEREAS, the parties wish to amend the term of the original Agreement to I 20 reflect that the term begins on October 1, 2004 and ends on September 30, 2005, subject I 21 to annual renewal upon the mutual agreement of the parties; and 22 \VHEREAS, the City Commission of the City of Boynton Beach, upon 23 recommendation of staff, deems it to be in the best interests of the residents and citizens 24 of the City of Boynton Beach to approve the first Amendment to Agreement between the 25 City of Boynton Beach and Boynton Beach Community Redevelopment Agency. 26 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMl\lISSION 27 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. Each Whereas clause set forth above is true and correct and 29 ·ncorporated herein by this reference. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does I \ ! ! i i ! I I 1 ¡ hereby approve the First Amendment to Agreement between the City of Boynton Beach I 2 ¡ and the Boynton Beach Community Redevelopment Agency, a copy of said Agreement is I I 3 , attached hereto as Exhibit "A". ¡ 4 I Section 3. That this Resolution shall become effective immediately upon ¡ I 5 I passage. 6 I PASSED AND ADOPTED this _ day of November, 2004. I 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 ATTEST: 25 26 27 City Clerk 28 29 30 (Corporate Seal) 31 32 33 CAíreso/agreementsl Amendment to CRA Police Service Agreement AMENDMENT Supplemental Police Services THIS IS A FIRST MIENDMENT TO AGREEMENT, dated the _ day of , 2004, between: THE BOYNTON BEACH CO:MMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "CRA", and THE CITY OF BOYNTON BEACH, hereinafter referred to as the "City", In consideration of the mutual tenns and conditions, promises, covenants and payments hereinafter set forth, "CRA" and "City" agree as follows: The Original Agreement entered into on August 3, 2004, shall remain in full force and effect except as specifically amended hereinbelow. Section 7.0 Term of Contract The P ARTJES hereto agree to amend Contract Tenn as foIlows: The tenn of this ContTact shall begin on October 1, 2004 and end on September 30, 2005, Subject to annual renewal upon the mutual agreement of the parties. IN \VITNESS OF THE FOREGOING, the parties have set their hands and seal the day and year first written above. Signed and Seal and Witnessed CITY OF BOYNTON BEACH, FL. in the presence of: Witness City Manager Witness ATTEST: City Clerk City Attorney .ft V ~ Y f~ I {S í T "/1 Signed and Seal and Witnessed CRA in the presence of: ~~ ~ Oýtv1~ ()JJ.~ Witness ChaIr '>--- d~ Witness Page 2 of2 LAP/ja C :\Susan _shared files\Desktop 2\POLICE SERVPolice Services Contract{Amendment Revised 09-24-2004.doc VI.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested city Commission Date Final Form Must be Turned Requested City Commission Dale FinaJ Form Must be Turned .i!! MeetinR. Dates in to City Clerk's Office ~Dates to City Clerk's Office o August 3, 2004 (Noon.) July J9,2004 o October 5,2004 (Noon) September 20,2004 o August 17, 2004 (Noon) August 2, 2004 [g] October 19,2004 (Noon) October 4, 2004 () c:-.) n-; ~- ::.=¡-< o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 (l) -<0 r--, ,,'l -0 o September 21,2004 o November 16,2004 (Noon)Nowmber 1,2004r0 --GJ (Noon) September 7, 2004 "10 GJ ::~:j :,,--~ .,:.~! "'r-" ~ (-:=) 0 0 __,c_ _J~___ Administrative Development Plans - ---~~ --- m 0 ., -r,c:J NATURE OF ~ Consent Agenda New Business ."':rr1 -- (:..2> AGENDA ITEM 0 Public Hearing 0 Legal 8 "'0 =r: 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motioø to approve aDd authorize SigDiDg of aD AgreemeDt for Water Service Outside the City Limits with QDintin Lee V.. for the property at H63 Highview R~ Lake Worth, Florida (Ridge Grove ADD NO 1 LT 197). EXPLANATION: The parcel covered by this agreement ineludes a single-family home located in the San CastlelRidge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improve- ments constructed by Palm Beach County as part of a neighborhood improvement projed. (See Iocatioø map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve tbis property. FISCAL IMP ACT: None ~ . in the Utilities service area. t:>.f City Manager's SIgnature Utilities Department Name City Attorney I Finance I Human Resources XC: Dale Sugerman (wI copy of attachments) Peter Mazzella .. Michael Rumpf. Planning & Zoning .. Anthony Penn .. File .. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I I 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR 'VA TER I 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BET\YEEN THE 8 CITY OF BOYNTON BEACH AND QUINTIN LEE VAN; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 12 \VHEREAS, the subject property is located outside of the City limits, but within our 13 ater and sewer service area, located at 1163 Highview Road, Lake Worth, Florida (Ridge 14 Grove Add No 1 Lot 197); and 15 \VHEREAS, the parcel covered by this agreement includes a single-family home 16 ocated in the San Castle/Ridge Grove project area; and 17 \YHEREAS, a water distribution main has recently been completed on this street, 18 Howing for the service to this parcel; 19 \YHEREAS, No additional construction wil1 be required by the City to serve this I 20 roperty. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinued as 24 eing true and correct and are hereby made a specific part of this Resolution upon adoption 25 26 Section 2. The City Commission hereby authorizes and directs the Mayor to 27 xecute a Water Service Agreement between the City of Boynton Beach, Florida and Quintin 28 ee Van, which Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shal1 become effective immediately upon passage. 30 :\CA \RESO\Agreements\ Water ServiceWan Water Service Agreement.doc 1 2 3 PASSED AND ADOPTED this _ day of November, 2004. 4 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 24 25 City Clerk 26 27 S:\CA \RESO\Agreements\Water Service\Van Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire J osias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this _day of , 200_, by and between Q u ;...rt'l A... ~ VtU'\- hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside ofitsjurisdictionallimits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service ITom the MUIÙcipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service ITom its MUIÙcipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are -LJL Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ç>rdinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformànce with all codes, rules and regulations 1 ~_ V f4 I A ¡ J \ I .iL lJ applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perfonn the work necessary to conform the lines or the City may have the work perfonned on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work perfonned, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shan be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City bmits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will infonn any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to proVide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impainnent or tennination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnifY, defend and hold hannless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of , 200_ WITNESS: INDIVIDUAL(S) AS OWNER(S): ~æ~"tJ~#- ~£{lr~ Witne Signatute - Owner Signature i1-1 ~ ¡e t,ANfi/é'-c;ß.eK1f ~ Q,4; "oJ.; ~ L...eÅ.- Va.. "" Printed itness Name Printed Owner Name ~~f~' Witness S' ature ßeTT'/ L. S tJ- ~ G-; Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the. State aforesaid and in the County aforesaid to take acknowledgments, personally appeared tPUt~fl¡J Le~ \!arJ to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or-Erovided the followingproofofidentification: F/~" D.L, VS'ùo- 71 l. - 57- 175"-0 - ~I~SS my hand and official seal in the Connty and State last aforesaid thisd, D #- day of <2f . tU.-Þe í ,200j (Notarj Seal) &ChL~ ~ ............ . ............. i fÎ) SAJsNj c:oü'Wi-"! g !D; Conwnø £Inmesaes i Notary Public . -~ . : ~~ . ~31112001· f -:.,.'Zt,~~J. BoncIed Ihru f8OO~i ..~rll'·······..··......~~~.Aaan...1ne : WITNESS:) ...........: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WI1NESS my hand and official seal in the County and State last aforesaid this day of ,20o_. (Notary Seal) Notary Public Approved as to fonn: City Attorney 5 , , THIS INSTRUMENT PREPARED BY: James A. Cherat. Esquire Joslas & Goren. P .A. 3099 East Commercial Blvd. Suite 200 Fl Lauderdale. Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF (j/a.( {1,'i ~Ct. l/We, CPlAitJ--ìj,v Le~ VC?N , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH - full and complete authority to act on Grantee's behalf to accomplish annexation by any t available means. The real property which is the subject of this power is described as follows: 00--'{-3-- fs- ()9-ð 7-0ð 0 -1'l7tJ . . The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, '. . ~- FLORIDA. shall commence and be in full force and effect on the ~O day of ~e Vi,L¡'er , 200 tf and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the ;;(0 '/Á day of f-ef te..Je r ,in the year two thousand and þl{ r. Sealed and delivered in the presence of Witness Signature Owner Signature ~~~ ~~L Witnes Signatur Owner Signature AI't{fj(,4/V#~~ - ~ ; t1 -I., V L -e. -L V fÄ V\,. . Printed i ness Name . Printed Owner Name ~- :£!~. Wi ness Sig~ture ~ L S I STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) . . ~ THE FOREGOING INSTRUMENT wa~knOf~edged before me this~O day of 0PfknJiY, 20~ by uì" ítJ Lee_Vq,J . and , who are Imown to me or who have produced PIA D.L. V!:Cb-'}n. -5:1- :O.í- 0 . as identification and who did/did nottake an oath. ~t4L ~ J' fl II' "UlIf J J t··ëöLUNš.....·..···i NOTARY PUBLIC J' l . :.r . SUSAN . . . 'II Jlf-AJ aLL I¡V- I' c:onnø~ : : . ~31112OO8 : Type or Print Name ª \,.;, ~ Bonded thN (800)432-4254; . ~">i'{)ff" ," rid Notary Assn 'nc . Commissiòn No. :: ~"""n~"" ~..~.............";~.r~" My Comiiïíšs¡ö'ii"'Ë'xpires: POA.lND Palm Beach County Property Appraiser Property Search System Page 1 of2 . . Gary R. Nikolitst CFA Palm Beach County Property Appraiser PubUc Access System ~'_Y_<,_.--__"X.~" _.,c,P!:npedy...loformation Home location Address: 1163 HIGHVIEW RD _ þi10w t,,~p..1 Search Municipality: COUNTY OF PALM BEACH Search Re ult Parcel Control Number: 00-43-45-09-09-000-1970 Property In ormation Subdivision: RIDGE GROVE ADD 1 IN Owner Info mation Official Records Book: 07570 Page: 0735 Sale Date: Jan-1993 Structural etail legal Description: RIDGE GROVE ADD NO 1 LT 197 Extra Features Land Detail Tax Detail rowner Information > Name: VAN QUINTIN LEE Print Infor1ation Mailing Address: 1163 HIGHVIEW RD ,. ' > »~<-, >" '. LAKE WORTH FL 33462 5909 Property ppralser H e03 Certified Appraisal Improvement Value: $49,906 Number of Units: 1 I struetu~t:_·t land Value: $11,520 * Total Sq. Ft: 1670 t Extra:~ I Market Value: $61,426 Acres: .00 1m ·umi:. '.' '.1 Use Code: 0100 Description: SINGLE FAMILY * in residential properties may indicate living area. 2003 Certified Tax Ad Valorem: $1,201.07 _ ITa)(. caJcUlatØ~ Non ad valorem: $192.00 Total: $1,393.07 I·De~U...' 2003 Certified Assessed & Taxable Values Assessed Value; $61,426 Exemption amount: $0 (2003 Exemption) Taxable: $61,426 Exemption Information Unavailable. Sales Information Sales Date Book Page Price Instrument Owner Jan-1993 07570 0735 $44,000 WD Jul-1992 07342 1872 $112,500 WD Mar-1992 07143 0085 $100 CT Mar-1983 03904 1993 $45,000 WD Print Information J I Home I I Back L I Search I I Search Result I http://www.co.palm-beach.f1.us/papa/main/detail_info.asp?p _ entity=004345 0909000 1970 7/12/2004 t ..'. I~ 0010 0020 L:J 0210 0030 0040 0050 0060 0010 0080 0090 I\... 1 in. = 129.3 feet · · ~Rn ~ · V 0152 0010 0220 :- """ 0142 i 0030 0040 0050 0070 0060 0070 0080 0090 0100 0110 0230 I. 0020 \ 0141 ;6 ~o 0130 ë 3110 3130 3150 3170 3200 )22( 23( S24~ 3250 3270 I a ALTOR 0 I . I , ;10 0120 3090 3070 J06( 05( 3030 ~02( 3000 2980 2960 2950 2930 i i ; 1020 0112 2490 ~51(J )52( 2530 ~55( 2560 ;)60( 6U 2620 2640 2650 1)6 D30 0111 · · Rn )40 · tSO 2480 2460 M5( ~44(J 2420 2380 2360 2340 2330 2311 230 0092 60 0091 I uf~ ,'r.~ñ'Vii~ðtBØ( BBPOO! 2010 )03( 2040 ro a ~ 10 . , - 1860 ~85( 84( 83CJ 82( 8U 1791 1780 .77( 176( 75( .74(J 73( 72( 1710 1690 61 10 - [) S7(j DS6( )85( )84( 0821 0810 0191 0111 0160 75( 0730 þ72( D710 )70( 69( ~6t - ) I · ..-. ~I ANn RD - ) t88CJ 0890 0910 0930 0950 0980 0991 '^"" I^~" 1 ß.."\n IA ..11 ^~~^ " ..-.'~_~- ".v Location Map - Exhibit "A" ~ '- .. .' VI.-CONSENT AGENDA . ITEM C.6. 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 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 o September 7, 2004 (Noon) August 16, 2004 [8J November 3, 2004 (Noon) October 18,2004 D September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November I, 2004 ':') .---., :'''¡ --\ D Administrative D Development Plans ---( -~-I 0 . -':~CJ NATURE OF [8J Consent Agenda D New Business n .'} .. -t AGENDA ITEM D -m D Public Hearing Legal - -~Ç) .Ç ,.< D Bids D Unfinished Business -..- -:J -_-n~ 0 Announcement D Presentation --.- - C) -- -:::}z .- --q D City Manager's Report ""T1VJ ~ï'ì (,..) ::-» U1 1'<1 ("') RECOMMENDATION: :x: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Micheline Many for the property at 7870 Loomis St, Hypoluxo, Florida (Tropical Terrace L T 163). EXPLANATION: The parcel covered by this agreement includes a singh~..family home located in Tropical Terrace. Only potable water is available for connection to the property at this time. (See location map) PROGRAM IMPACT: A Water Distribution main exists on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None AL TERNA TIVES, No.,. Thi, p.m' " within th, Utiliti.. "rvö" or... ~ C" ~ Ity anager s SIgnature l,t~,I'''¡le f DepartmentNarne City Attorney I Finance I Human Resources XC: Dale Sugennan (wI copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning " Anthony Penn " File ,~ S:\BULLETIN\FORJ\.1S\AGENDA ITEM REQUEST FORM_DOC I I I 1 RESOLUTION NO. R04- I 2 I 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREE1\'IENT FOR \V A TER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BET\VEEN THE 8 CITY OF BOYNTON BEACH AND 1\'11 CHELINE 9 MANY; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 \VHEREAS, the subject property is located outside of the City limits, but within our I I I 13 water and sewer service area, located at 7870 Loomis Street, Hypoluxo, Florida (Tropical 14 Terrace Lot 163); and 15 \VHEREAS, the parcel covered by this agreement includes a single-family home 16 located in the Tropical Terrace area; and 17 \VHEREAS, a water distribution main exists on this street, allowing for the service I I 18 to this parcel; and I i 19 \VHEREAS, No additional construction will be required by the City to serve this I 20 property. I 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 24 eing true and correct and are hereby made a specific part of this Resolution upon adoption 25 26 Section 2. The City Commission hereby authorizes and directs the Mayor to 27 xecute a Water Service Agreement between the City of Boynton Beach, Florida and 28 icheline Many, which Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage. 30 :\CA\RESO\Agreements\Water Service\Many Water Service Agreement.doc I 1 I 2 3 PASSED AND ADOPTED this _ day of November, 2004. 4 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 24 25 City Clerk 26 27 S:\CAìRESO\Agreements\Water Service\J\1any Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P .A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON TIns .AQREEMENT made on this day of , 200-, by and betweeI} /lI d, B-1/vE MAIV Y hereinafter caned the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water scrvice to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW TIlEREFORE, for and in consideration of the privilege of receiving water service :&om tÞe MuniGpal Water System and $emutual covenants expressed herein, the City of Boynton Bea,:'. and the Customer, his heirs, successors and assigns, agree as foHows: l. The City agrees to provide ~tomer with water service fiom its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the Citý hereby agree that there are ~ Equivalent Residential Connections which City shaH service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection' of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in confo~ance with all codes, rules and regulations \ 1 ~ e Iff /8 / í \ ( Ii /J ---........ applicable to the installation and maintenance of water service lines upon the Customer's premises. AU such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof In the event the City has such work perfOImed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. þ 5. TitJe to an mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a volUntary petition for annexation. CùStomer covenants that it shall cooperate with the City and not raise opposition or challenge to such ,annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer win infQZDl anY_lUld all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. ì 2 - 9. Annexation is intended to be and is hereby made a covenant runÌ1ing with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Flori~, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. lt is agreed that the City shan have no JiabiIity in the event there is a reduction, impainnent or tennination in water service to be provided under this Agreement due to any - prohibitions, restrictions, ]imitations orrequirements ofIocal, regional, State or Federal agencies or öther agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impainnent or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond th<: City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold hannless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) :fTom and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment coJIection) and costs rising out of or resulting :fTom the Customer's obligation under or perfonnance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of _~4_. ~_~,200_. - -'-- ". INDIVIDUAL(S) AS OWNER(S): ~~~~.~~ Owner Signature '--.. . s....,"'" I F. [Zee:p- 1\.AIC-t-{- E:-L' '\...)Ë: M-A-f'../'j Printed Owner Name Printed Witness Name ~Kle ~/UO Witness Signatur ..' \ ~ 3 ~ -~-----._- -~---~ --~--'.'._. ~----..-.> _._«<-.-.........-."""'">~ - '-'-'"~""--._-"'=~-"'~-"------~ ..-.-~---. - __ . ~'~_~__->r-< , Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name , FOR INDIVIDUAL (8) NOT ARIZA TION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the, State aforesaid and in the County aforesaid to take acknowledgments, personally appeared /1¡Ücht:I'lie J\AAV\.y . . to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was persÐÐally lmöwulu In£ or provided the following proof of identification: rIa, D, L. ft'I.Ç{)()-.s,-S2 - YSt- 'lz D- 0 ~ my hand and official seal in the County and Slate last aforesaid this /3" day of Och>. ,200:/ - (Noœ ..S~- .- - ~avt~ J try . ..-...........uëòí i SUSAN c:c:ûJNa u.., ¡ _ . -- 11.,,- I Notary Public :1.· ___ ª \~~~ .........~. -. ~................. ~ ~"-¡ ~ .1 WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor AITEST: Ci~\ Clerk - , 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severaUy acknowledged executing same in the presence of two subscribing witnesses rreely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this dayo( ,200_. (Notary Seal) Notary Public Approved as to fonn: City Attorney \ - 5 . .'- --~--~.~-- ~._-------------~,______. A_~~____ -,"-~-_""",,~_,__c__ c__ _____~ ______ u_ .' THIS INSTRUMENT PREPARED BY: James A- Cherof. Esquire Jos/as "Goren. P A 3099 East Commercial Blvd. Suite 200 Fl Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ß¿/ ~ t CaC/' l/'#:e, YY1 , è hell h '€.., Ma h v' , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF ~OYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY . OF BOYNTON BEACH. This power shall exten.d to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any , , available means. The real property which is the subject of this power is described as . . follows: . 6(;) t.f3lfS 10 01 000' 7630 . The powers and authority of my attorney, THE CITY OF aOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the I~ d:y of . (/C1-v he r ,204 and the powers and authority shall be irrevocable by Grantee. ; IN WITNESS WHEREOF, we have hereunto set our hands and seals the /]'l~ day of Oc~ber , in the year two thousand and /0 {,( r . Sealed and delivered in the presence of itness Signature (~na~(~~ ~-~~ 7¿c:e¥- I\A ì ~t+- e:...- LÀ.. I'-J E: ^^ A- ""! Printed Witness Name Printed'Owner Name ~ Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE. F¡;:EGOING INSTRUMENT was ~wfed!led before me this rxJl.. day of ()ch r , 20.12!:£ by .' ~cí1(::1 /he JV1aV\v . and. . , whø . are knQ\Nn te me or wtfo have produced rkt ,þ. L. h1 SOO- sSZ ~ 't-%'? 0 - 0 , as identification and who did/did noHake an oath. f -- CiOí.UNä ~ "';'! . ~~~.; NOTARY PUBLIC J" (/.J 11 ¡V - .. c... . LOUflllf ~ ~~ ao.l",,* : ;~.:, . ~3f1I2OO8: Type or Þl1nt Name "~ : -,~, Bonded hI\¡ (800)432-4254: ~'.... F'Iorirla Nota A .. Commissiòri\NÒ. ·"t·"JII"·'lI.~=-~_Ci·;;:~ "o.=- !.~ ;;C'~~_~ .)~_e :; My Commission Expires: POA.IND -- =>-_._~____._z~__ -..".--~:---~-~>. <-_..--~. -,- Palm Beach County Property Appraiser Property Search System rage 1 U1 ¿ . Ijr~~[C_~~_-~~~I~..:_r""~"o i'~§>'~,:,P~,p"j' 'pp"',,,< P,'i, '"" 5, w c Property Information Location Address: 7870 LOOMIS Sf Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-10-07-000-1630 Subdivision: TROPICAL TERRACE IN Official Records Book: 13913 Page: 1856 Sale Date: Jul-2002 Legal Description: TROPICAL TERRACE LT 163 Owner Information Name: MANY MICHEUNE ~iò:#~1 Mailing Address: 1001 CORAL CT BOYNTON BEACH FL 33426 3518 Sales Information Sales Date Book Page Price Sale Tvpe Owner ~~i"'i£'1 Jul-2002 13913 1856 $64,000 WARRANTY DEED MANY MICHEUNE Jul-2000 11898 1620 $6,450 QUIT CLAIM CRAWLEY WILLIAM J Jan-1998 10209 1722 $8,000 QUIT CLAIM CRAWLEY WILUAM .JOSEPH [ Exemptions I Exemption Information Unavailable. Appraisals Tax Year: 2004 P 2003 Tax Year 2004 Improvement Value: $43,02 $39,794 Number of Units: 1 Land Value: $lS 66 $14,08 *Total Square Feet: 1035 Total Market Value: 5868 $53,87 Use Code: 0100 Description: RESIDENTIAL .'.- ,'," .c. irn$1!dential propedies m:ay indicate living area. P =Prelim~nary Values - Assessed and Taxable Values Tax Year: 2004 P 2003 Assessed Value: $58 68 $S3 874 - Exemption Amount: $ Taxable Value: $58,68 $53,87 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Record Search I Information I Exemptions I Community I Employment I New Home Buyer I Office Locations Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer Home I Unks I Glossary I 00 I Forms I Cóntact Us I PAPA http://www.co.palm-beach.fl.us/papalaspxlweb/detail_info.aspx?p _ entity=004345I 00700... 10/13/2004 1180 1330 .. .-+- 9830 1170 1340 1670 1760 1 in. = 130.4 feet 1160 1350 ___ 0850 1770 2070 o 0641 1360 1640 1140 fa 1370 I- 1790 ~1 ~ro ~ ~ 1 ~ 1380 r!a 1800 ; 1120 fiI:3 TK/II· ,..misSt2050 R ~ ~ ) 0610 0890 ~ 1390:= 1620 ~ 1810 I ~ 0900 - 1110 1400 - 1610 - 0600 0910 1100 1600 1830 _ 2010 0590 0920 1090 1411 1590 1840 - 0930 1430 1580 1850 _ 0570 1070 0940 1440 ~ _ 1860 1990 0560 0950 1060 1450 1550 _ 0960 1050 1460 1880 0540 1040 1540 1960 0970 1470 1890 0530 1030 1530 I 0510 0990 1000 1010 1020 1490 1510 1520 1920 1930 ~ J ,". . "".' '.F"'~">'" <' .'. '"c~ .""",-.".,.".,,,,, . . ... "-'~ ,,' "'f'1?"'" ,-" "·.""'T ,"""'.'. "',','","",,,", "<""-'Y'-"'-~'~'=""-~;;':=:D"'ii5~""""""" I . 3060 I -'0-'-"";1050 _ /// _ .-, ~- '. Location Map - Exhibit "An . J ~ .' .. ~ , VI.-CONSENT AGENDA ITEM C.7. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final FOnll 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 [g November 3, 2004 (Noon) October 18, 2004 0 September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF [g 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: ~ Approval of the renewal for budget year 2004-2005 Software Maintenance Agreement with Queues Enforth Devetgpme§::;! Inc. (Q.E.D.) in the amount of $44,418.00 0 ~.:o n _~ -,., -; , '--m EXPLANATION: - '1 Õ Q.E.D. is the cities police departments records management and dispatch system. w ~-=:~ -( ·---~z \J ~j')-1 PROGRAM IMPACT: ~ 0 (:;; :z: (.,.) ...,. .. "T aJ FISCAL IMP ACT: - -fT1 f,:;> Funds have been budgeted in current year line item 001-2110-521-46-91 - C") ::x: ALTERNA~~~ ~Signa,",' >./- Police Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R04- 2 3 4 5 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, AUTHORIZING AND DIRECTING THE I 7 PROPER CITY OFFICIALS TO EXECUTE A SOFT\V ARE I 8 MAINTENANCE CONTRACT RENE\V AL AGREEMENT I 9 FOR THE CITY'S POLICE DEPARTMENT'S RECORDS I 10 MANAGEMENT AND DISPATCH SYSTElVI, BETWEEN I 11 I THE CITY OF BOYNTON BEACH AND QUEUES 12 ENFORTH DEVELOPMENT, INC.; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 I 16 17 WHEREAS, on November 1, 2000, the City entered into a Software Maintenance 18 Agreement with Queues Enforth Development, Inc., (QED) to provide a software system for 19 the City's dispatch system; and I I 20 \VHEREAS, staff has recommended that the City renew its Software Maintenance 21 Agreement with QED for the period of November 1, 2004 through October 31, 2005 in the 22 amount of$44,418.00. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMl\USSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 26 Section 1. The City Commission of the City of Boynton Beach, Florida, at the 27 recommendation of staff, hereby authorizes and directs the proper City Officials to execute 28 the Software Maintenance Contract Renewal Agreement between the City of Boynton Beach, 29 Florida and Queues Enforth Development, Inc., (QED), a copy of said Renewal Agreement is 30 attached hereto as Exhibit "A". 31 Section 2. This Resolution shall become effective immediately upon passage. 32 S:\CA\RESO\Agreements\Queus Enforth - Software Renewal 04-05.doc I I I -" - ._-~.- -_.._-----~-~----- "-~----~--_.._-~--------- - --~~~------~~. .-- - . _.~._----.--~-->- _ >."_ .~___A_.-___.__M_._.___~.__ _,~_ _ _ ___ I I I I 1 2 3 4 PASSED AND ADOPTED this _ day of November, 2004. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 ATTEST: 24 25 26 City Clerk 27 28 29 S:\CA\RESO\Agreements\Queus Enforth - Software Renewal 04-05.doc ~;/!,!!., QUEUES ENFORTH DEVELOP~ŒNT, INC. David D. Varney, President & ChiefE;>;ecutive Officer James A. McClure, Chief Technology Officer John F. Olson, Ewcutive Vice President David B. Gordon, Chief Operating Officer Steven Vantine, Controller August 24, 2004 Dougias Solomon Technical Service Manager Boynton Beach Police Department 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Software Maintenance Contract Dear Doug: Pursuant to Section 2( c) of the Software Maintenance Agreement dated November 1, 2000 between Queues Enforth Development, Inc. and the City of Boynton Beach, I am pleased to confinn Q.E.D.'s current standard fees and rates, which are set forth in the enclosed Renewal Agreements. If the City wishes to renew the Contract on these tenns, please have both copies of the Renewal Agreement signed by an appropriate City Official and return one of them to me by September 24,2004. If you should have any questions, please contact me at (781) 870-1122. Sincerely, ~~~~ Steven Vantine ControHer Enclosures: Renewal Agreement (2) 14 Summer Street, Malden, Massachusetts 02 I 48 Phone: 781-870-1100 Fax: 781-870-1199 Web: http://www.qed.com _ ___ >_ __..r __ ~- _____.___-_~k____~>~"""'_.._;__^_.__ .,_._--'--~~---,,_. ~;/!/!! SOFTWARE MAINTENANCE CONTRACT RENEWAL AGREEMENT This agreement sets forth the tenns and conditions under which Queues Enforth Development, Inc. ("Q.E.D.") and the City of Boynton Beach (the "Client") agree to renew the Software Maintenance Agreement dated November 1, 2000, pursuant to Section 2(c) of that Agreement. Renewal Term: NOVEMBER 1, 2005 - OCTOBER 31, 2005 Pricing: Software Maintenance for the above term: $ 44,418.00 Consultation Services, if any: $ 150.00 per hour plus expenses Training Services, if any $ 150.00 per hour plus expenses Other Terms: All other tenns and conditions of the Agreement dated November 1, 2000 are incorporated by reference. Travel and out of pocket expenses will be billed separately and are the responsibility of the customer. In witness thereof, Q.E.D. and the Client have caused this Renewal Agreement to be executed effective as of November I. 2004. Q.E.D. QUEUES ENFORTH DEVELOPMENT, 1Ne. .'" BY~\\~ " Steven Vantine '. Controller ... For the Client: THE CITY OF BOYNTON BEACH By: Title: £)4J,ð¡f llf) I) renewal VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.S. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Í!! MeeûnR Dates in to City Clerk's Offioe Meetin2 Dates to City Clerk's Office o August 3, 2004 (Noon.) July 19, 2004 o October 5, 2004 (Noon) September 20, 2004 o August 11,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 o September 1, 2004 (Noon) August 16. 2004 123 November 3, 2004 (Noon) October 1 g, 2004 .:-> r:=J .:-> -i o September 21, 2004 o November 16, 2004 ~.. =-=1-< (Noon) September 1, 2004 (Noon) November 1. 20Q1t) -(0 C) :-; ., --4 -c:J - -.:=> ~ -----; J 0 0 - -- -... Administrative Development Plans . .:-? -~~ 123 0 ~ ~ .,-~ --1 NATURE OF Consent Agenda New Business . 0 ,-- ,-- AGENDA ITEM 0 Public Hearing 0 Legal i') .. t1 -." co -1" 0 Bids 0 Unfinished Business r.,) '"=:. J> ì-J .' n 0 Announcement 0 Presentation x 0 City Manager's Report RECOMMENDATION: Approval of contract to pennit the South Central Regional Waste Water Treatment & Disposal Board to utilize the City's benefit plans. EXPLANATION: The Purpose of this Interlocal Agreement is to permit the Board to utilize the Plans for coverages that are afforded to employees of the City through negotiated agreements with Plan Providers. for the benefit of Board employees. The Board has utilized the City's health. dental, vision. and life Plans. without objection ftom Plan Providers in the past, and the parties mutually desire to formulate such relationship in this Interlocal Agreement. PROGRAM IMPACT: The intent of the parties is that aU plan administration responsibilities, premiums. and any other costs and expenses associated with the providing of coverage under the Plans to Board employees shall be the responstbility of the Board. It is also the intent of this Agreement that any apportioned costs for stop-loss coverage and for the City's assistance be incurred by and the responsibility of the Board. FISCAL IMPACT: Should City purchase stop-loss coverage from any Plan Provider, Board agrees to pay its share of the premium for such stop-loss coverage, apportioned based on the number of Board employees and the additional pooling charges assessed by Plan Provider(s). Unless otherwise directed in writing by City, Board shall pay City directly for this incremental cost in advance on an annual basis. Board shall pay City pooling charges in accordance with Exhtbit "B", a copy of which is attached hereto and made a part of this Agreement. On a monthly basis, in advance, Board shall pay the City an administrative charge equal to Ten ($10.00) for each Board employee enroJled in any Plan of the City. This administrative charge shall cover a portion of the costs incurred to the City in assisting the Di . ct and employees with issues related to insurance and Plan coverages. ALTERNA approve the contract, forcing the South Central Regional Waste Water Treatment & Disposal Board t CO\'I ge. ~ City Attorney I Finance I Human Resources S:\BULLE ORMSIAGENDA ITEM REQUEST FORM.DOC II II 1 I' RESOLUTION R04- ! 2 ¡ 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, I 4 FLORIDA, AUTHORIZING EXECUTION OF AN 5 INTERLOCAL AGREEMENT BET\VEEN THE CITY OF 6 BOYNTON BEACH AND THE SOUTH CENTRAL 7 REGIONAL \V ASTE\V A TER TREATMENT AND 8 DISPOSAL BOARD ALLO\VING THE BOARD TO 9 UTILIZE THE CITY'S BENEFIT PLANS; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 \VHEREAS, the City has heretofore provided the Board with the ability to 13 utilize existing City agreements with providers of health and other insurance, 14 thereby allowing Board employees to participate in health and other insurance plans 15 under the same coverages and programs offered to City employees; and 16 \VHEREAS, the City has entered into a health insurance plan with Blue 17 CrosslBlue Shield of Florida, MetLife dental, vision care and life plans for the I 18 2004/05 fiscal year; and; 19 WHEREAS, the Board is desirous of continuing to participate in the City's 20 Plans for the benefit of the Board's employees; and 21 \VHEREAS, staff has reviewed and recommends acceptance of the 22 InterIocal Agreement, a copy of which is attached hereto and made a part hereof as 23 Exhibit "A". 24 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY 25 COIUlVIISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and 27 confirmed as being true and correct and are hereby made a specific part of this 28 Resolution upon adoption hereof I :\CA\RESO\Agreements\lnterlocals\ILA - SCRWWTDB benefits.doc --~.~. < <."m._k_'O__.....____._O ~~~_,__< ..-._~-y------..,~_. _.__~.,-__,.."'"...,__>_--'....,-..¿,_,-._._.-_<J"'~ -"'--",--,>",~"" 1 Section 2. Upon recommendation of staff, the City Commission does 2 hereby authorize the execution of this Interlocal Agreement between the City of 3 Boynton Beach and the South Central Regional Waste Water Treatment & Disposal 4 Board, a copy of which is attached hereto and made a part hereof as Exhibit "A". 5 Section 3. That this Resolution shall become effective immediately upon 6 passage. 7 PASSED AND ADOPTED this _ day of November, 2004. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 20 21 Commissioner 22 23 24 Commissioner 25 ATTEST: 26 27 28 City Clerk 29 30 (Corporate Seal) 31 S:\CA\RESO\Agreements\lnterlocals\ILA - SCRWWTDB benefits. doc INTERLOCAL AGREEMENT This is an Interlocal Agreement, made and entered into this _ day of ,2004, by and between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "City," AND SOUTH CENTRAL REGIONAL W ASTEW A TER TREA TMENT AND DISPOSAL BOARD, an entity created pursuant to Section 163.01, Florida Statutes, hereinafter referred to as "the Board" or_"Board." WITNESSETH: WHEREAS, this Agreement is entered into pursuant to § 163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, the Board is a Independent Special District of the City of Boynton Beach and the City of Delray Beach, created pursuant to an Interlocal Agreement dated December 26, 1974, as subsequently amended; and WHEREAS, City has heretofore provided the Board with the ability to utilize existing City agreements with providers of health and other insurance, thereby allowing Board employees to participate in health and other insurance plans under the same coverages and programs offered to City employees; and WHEREAS, City has entered into a health insurance plan with Blue Cross/Blue Shield of Florida, MetLife dental, vision care, and life plans for the 2004/05 fiscal year (the "Plan" individually or the "Plans" collectively); and WHEREAS, Board is desirous of continuing to participate in the City's Plans for the benefit of Board's employees; and WHEREAS, City has no objection to Board or its employees benefiting from the Plans negotiated by City with private providers ("Plan Providers"); and WHEREAS, the Plan Providers of coverages under the Plan have agreed to furnish services to the Board for the benefit of Board employees at the same rates, benefits, incremental costs, and terms and conditions contracted for with City; ILA - SCRWWTP Insurance Rev. 10-06-04 Page 1 "'.- ,--~_. .-~--............._......_~- .___<__<.._o_~~........~_ _.........__ ~__>-- NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, City and Board agree as follows: ARTICLE 1- PURPOSE 1.1 The Purpose of this Interlocal Agreement is to permit the Board to utilize the Plans for coverages that are afforded to employees of the City through negotiated agreements with Plan Providers, for the benefit of Board employees. The Board has utilized the City's health, dental, vision, and life Plans, without objection from Plan Providers in the past, and the parties mutually desire to formulate such relationship in this Interlocal Agreement. The intent of the parties is that all plan administration responsibilities, premiums, and any other costs and expenses associated with the providing of coverage under the Plans to Board employees shall be the responsibility of the Board. It is also the intent of this Agreement that any apportioned costs for stop-loss coverage and for the City's assistance be incurred by and the responsibility of the Board. ARTICLE 2 - SCOPE OF SERVICES 2.1. Subject to any separate agreement(s) being required by the Plan Provider(s) of the City, Board may offer enrollment to Board employees in the Plans for the 2004/05 fiscal year under the terms and conditions of this Agreement, and subject to renewal as provided in Article 3 below. Subject to any objection from a Plan Provider, it is the intent of the parties that the Board shall be subject to the Plans, coverages, negotiations, and agreements between the City and the respective Plan Providers. Board understands that the individual Plan Providers may require Board to enter into a written agreement with the Plan Provider to, in essence, piggyback the City's agreement with the Plan Provider. However, it is further recognized that, except as negotiated between the Board and any Plan Provider, any such agreement between the Board and the Plan Provider shall be under the same terms and conditions as the City's agreement with Plan Provider. The City's current Plans and Plan Providers are set forth in Exhibit "A," a copy of which is attached hereto and made a part of this Agreement. Based on the City's independent negotiations for services and coverage with Plan Providers, Exhibit "A" to this Agreement may be amended by the City on an annual basis without the necessity of Board or City Commission approval. 2.2. Board shall administer the enrollment and cancellation of Board employees in such Plans, and shall remit to the Plan providers on a monthly basis in accordance with the City's agreements with any Plan Provider, the Board's share of contribution required for such premiums and coverages resulting from Board employees' enrollment in the Plan. The Board shall be fully responsible for collecting and remitting all required sums from its employees. Board's use of Plan Provider agreements shall in no way bind the City. 2.3. It is understood and agreed that City shall not be responsible for any costs or expenses, premiums, or contract requirements of Board in connection with the Board's use of City's Plan Providers, and that Board shall hold harmless and indemnify City, to the extent permitted by law, for any costs or expenses whatsoever attributable to the Board's providing of and making available such insurance coverage to and for Board employees. Board shall ILA - SCRWWTP Insurance Rev. 10-06-04 Page 2 reimburse City for any additional costs, if any and in addition to those specifically provided for in this Agreement, incurred and documented by City in performing this Agreement. 2.4 Should Board desire to have City provide any services in connection with the provision of insurance benefits to Board employees, a separate agreement or amendment to this Agreement shall be required and mutually agreed upon by the parties. 2.5 City will provide reasonable assistance through its Human Resources departmental staff to Board to answer questions regarding Plans and Plan administration and in contacting Plan Providers with Board matters concerning the Planes). 2.6 Board expressly understands and agrees that Plan premiums, costs, benefits, and coverages may be changed by the City or City's Plan Provider throughout the term of this Agreement. 2.7 Except as specifically provided in sections 2.8 and 2.9 of this Agreement,_Board shall make all required payments directly to Plan Providers, which will bill and invoice Board separately from City, in accordance with the agreement between the Board and the Plan Provider. Board shall have separate account numbers, separate accounts, and separate invoices with Plan Providers. 2.8 Board shall have no right select any of the present or future Plan Providers of the City; and nor shall Board have any right under this Agreement to determine coverages, premiums, or terms and conditions of agreements between the City and any Plan Provider. 2.9 Should City purchase stop-loss coverage from any Plan Provider, Board agrees to pay its share of the premium for such stop-loss coverage, apportioned based on the number of Board employees and the additional pooling charges assessed by Plan Provider(s). Unless otherwise directed in writing by City, Board shall pay City directly for this incremental cost in advance on an annual basis. Board shall pay City pooling charges in accordance with Exhibit "B", a copy of which is attached hereto and made a part of this Agreement. 2.10 On a monthly basis, in advance, Board shall pay the City an administrative charge equal to Ten ($10.00) for each Board employee enrolled in any Plan of the City. This administrative charge shall cover a portion of the costs incurred to the City in assisting the District and their employees with issues related to insurance and Plan coverages. ARTICLE 3 - TERM OF AGREEMENT 3.1 This Agreement shall be deemed to have commenced on October 1, 2004, and shall continue in full force and effect until terminated by either party in accordance with Article 5 below. ILA- SCRWWTP Insurance Rev. 10-06-04 Page 3 _._---------_.~_._--~--<----~--~-~-_.~-----~-----_. __ _ ~u~._._______~ h_'__. _~_ ._ "___ _._ ~___'___'_____""_.~-____ -- ~----'.<----.,-'--~~"'-...._~-->'>--<.--~--,. ~~~ ARTICLE 4 - GOVERNMENTAL IMMUNITY 4.1 City is a state agency as defined in Chapter 768.28, Florida Statutes, and Board is a Dependent Special District created by lnterlocal Agreement. To the extent permitted by law, each party agrees to be fully responsible for acts, omissions, and negligence of their agents, officers, or employees. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 4.2 Both parties acknowledge that this an lnterlocal Agreement created pursuant to Section 163.01, Florida Statutes, and that each party shall retain all legislative authority with regard to its respective governing body. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agency when performing their respective functions within the territorial limits for their respective agency shall apply to the same degree and extent to the performance of such functions and duties of those officers, agents, or employees extra-territorially under the provisions of any lnterlocal Agreement. ARTICLE 5 - TERMINATION 5.1 This Agreement may be terminated by either party by giving notice of termination in accordance with Article 6 herein at least sixty (60) days prior to the expiration of any renewal of a Plan or any new Plan, provided that such termination does not adversely impact the City in its contractual relationships with Plan Providers. City may terminate the Agreement immediately upon notice from any Plan Provider that Board is not complying with plan administration procedures or is not paying premiums to a Plan Provider in a timely manner, and such default or breach by the Board may adversely impact City's agreement with that Plan Provider. ARTICLE 6 - NOTICES 6.1 Any and all notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class and certified, return receipt requested, addressed as follows: TO CITY: City Manager 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 ILA - SCR \\"WiP Insurance Rev. 10-06-04 Page 4 With copy to: City Attorney 100 East Boynton beach Boulevard Boynton Beach, Florida 33435 TO BOARD: Executive Director South Central Regional Wastewater Treatment & Disposal Board 1801 South Congress A venue Delray Beach, Florida 33345 ARTICLE 7 - MISCELLANEOUS PROVISIONS 7.1 ASSIGNMENT: Neither party shall have the right to assign this Agreement without the express mutual consent of the other party. 7.2 DISPUTES: In the event that a party has a dispute with respect to the other party's performance hereunder, the party shall notify the other party in writing in accordance with Article 6, advising of the disputed matter. In the event that the disputed matter is not resolved to the satisfaction of the Board and the City, the dispute shall be submitted to a mediator mutually agreed to by the parties before any litigation is brought. 7.3 WAIVER: The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. 7.4 SEVERABILITY: If any terms or provisions of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this 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 be deemed valid and enforceable to the extent permitted by law. 7.5 ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporates and includes all prior negotiations, agreements or understandings applicable to the matters contained herein and 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 from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 7.6 INDEPENDENT CONTRACTOR: City is an independent contractor under this Agreement. Any services provided by City pursuant to this Agreement shall be subject to the supervision of City. In providing such services, neither City nor its agents shall act as officers, employees, or agents of the Board. This Agreement shall not constitute or make the parties a partnership or joint venture. It is understood and agreed that employees of the Board are not entitled to any benefits offered by the City to City employees, including those benefits offered by ILA - SCRWWTP Insurance Rev. 10-06-04 Page 5 - ----- - -~--~----"._-- ---;~-~-". <-~-. ?-~-~~. ,~,---_. _ __. -...o;O,-_-_-...",.~"'~~>-"~"i't<~~__->__. ~_~c_. -". ="_:-._'__.- ~'"'~V_ Plan Providers pursuant to this Agreement. Any benefits to Board employees are conveyed by the Board and at the cost, expense, and liability of Board. 7.7 MODIFICATION: It is further agreed that no modifications, amendments or alterations in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith.. 7.8 CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or legal problems arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 7.9 DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and shall not be more strictly construed against any party because of such party's preparation of this Agreement. 7.10 RECORDING: This Agreement shall be recorded in the public records of Palm Beach County, in accordance with the Florida Interlocal Cooperation Act of 1969. IN WITNESS WHEREOF, the parties have hereto set their hands and seals this day of ,2004. SOUTH CENTRAL REGIONAL WASTEWATER TREA TMENT AND DISPOSAL BOARD By: Print name: , Chairman ATTEST: Print name: , Secretary Approved as to form: Robert W. Federspiel, Board Attorney ILA - SCR WWTP Insurance Rev. 10-06-04 Page 6 CITY OF BOYNTON BEACH Kurt Bressner, City Manager Attest: Janet Prainito, City Clerk (CITY SEAL) Approved as to form: Office of the City Attorney H:\1990\900 I 82.BB\AGMnILA - SCR WWTP Insurance.doc S:\CA\AGMTS\ILA SCRWWTP Insurance.doc ILA - SCRWWTP Insurance Rev. 10-06-04 Page 7 . . --_.--~---"-~ ~.~."~~-. - --'~-.,,,,-~......-.- . >-~~._- -,....~---,-~~. - ,-~--,_..~~~..=---",-.,,,,,-........-~--_.~--- , ""-'~-"";;;'-- EXHIBIT" A" Plan Providers Medical - BlueCross BlueShield of Florida BlueCare® for large employer groups is an HMO product offered by Health Options, Inc. (HOI), a subsidiary of Blue Cross and Blue Shield of Florida. The features of BlueCare® are: · A full range of benefits for hospital, physician and other medical services · Preventive care, such as routine physical exams, well-child care, immunizations and health care screenmgs · Predictable costs through pre-determined copayments for health benefits as long as care and referrals are coordinated through a Primary Care Physician Our BlueChoice® PPO (Preferred Provider Organization) plan offers the freedom to choose any doctor and hospital for care. However, members receive maximum benefits and are free from claims filing and balance billing when they choose physicians and providers who participate in the PPO network. Dental - MetLife Group Dental Dental care is a part of healthy living, and for this reason a dental benefit plan is a highly appreciated employee benefit. Yet, many employers do not offer a dental benefit plan as part of their overall benefits programs. This can add a financial burden for employees. Fortunately, MetLife has the knowledge and innovation to offer a range of affordable dental benefit plans to fit the needs of nearly all employers. Vision - VisionCare Plan VisionCare Plan offers employees and their dependents a benefit that covers all routine eyecare, including eye exams and eyeglasses (lenses and frames) or contacts. The plan features: · In-Network and Out-of-Network benefits. · Exam Plus, if you prefer contacts you get your exam plus an allowance for contacts in place of lenses and frames. Life & LTD Jefferson Pilot provides life insurance and accidental death coverage to all employees and their dependents. Program Terms The medical, dental and vision care programs are all annual programs with a contract renewal date of October 1 st; however the programs are administered on a calendar year basis. The life and AD&D are on a 3 year contract. ILA - SCRWWTP Insurance Rev. 10-06-04 Page 8 EXHIBIT "B" SOUTH CENTRAL REGIONAL WASTE WATER (Board) Special Annual Pooling Charge Statement Due 10/1/2004 Pooling Rate and Annual Type Monthly Pooling Coverage Enrollment Total Expense EO 14 $ 15.96 $2,681.28 ES 2 $ 32.71 $ 785.04 EC 0 $ 30.16 $ 0.00 EF 4 $ 37.91 $1,819.68 TOTAL 20 $440.50 $5,286.00 Note: The above pooling charge calculation for Board is based on enrollment during the last month of the 12 month experience period upon which The City's 10/1/2004 renewal was based. The actual annual expense charge will be accounted in October 2005. Should average enrollment be less than that shown above, The City will reimburse Board the amount of pooling expense charge overpaid. Should the enrollment be less than that shown above, then Board will pay The City the additional pooling charge incurred. (actual annual enrollment times the above pooling expense charge rates will equal the actual annual pooling expense charge for the 10/1/2004 - 9130/2005 policy year.) ILA - SCRWWTP Insurance Rev. 10-06-04 Page 9 - -- -~--~,- ...-~ _.=<_7~____"""_~"".o<__~_' ' ---<_.-"'-'--='~_.~~----~_. -.- . > ~~'_"'-"""'o""-~"'-R""""""'_-_""'>;<c___~'~___'_' . --.>-'----"""".. 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 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 ø November 3, 2004 (Noon) October 18,2004 c=J September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF [g Consent Agenda c=J New Business AGENDA ITEM 0 Public Hearing c=J Legal c=J Bids 0 Unfmished Business c=J Announcement 0 Presentation c=J City Manager's Report RECOMMENDATION: Authorization to apply for funding towards the development of Jaycee Park, from the Department of Environmental Protection 2005/06 Florida Recreation Development Assistance Program. EXPLANATION: The Recreation & Parks Department Revenue Policy Manual requires all federal, regional, state, and county grant applications of any amount be approved by the Director, City Manager and Commission. The Florida Recreation Development Assistance Program (FRDAP) is a competitive program, which provides grants to local governmental entities for acquisition and development of land for public outdoor recreation. The Florida Department of Environmental Protection administers FRDAP. PROGRAM IMP ACT: The City recently purchased the Jaycee Park property from the Florida Inland Navigation District. In accordance with the purchase agreement, the City has forty-eight (48) months to develop the park property. The FRDAP grant will provide matching funds (up to $200,000) for the construction of the upland portion of the site, including a playground, picnic facilities, walking trail, park benches, signage, educational kiosks, irrigation, bike rack, sidewalk, fence, restrooms and bocce courts. FISCAL IMPACT: We are requesting a $200,000 grant through FRDAP. The Department of Environmental Protection requires a 50% cash match from the City of Boynton Beach. There is $1,010,000 budgeted for park development in the adopted Capital Improvements Plan for FY2004/05 (Account # 302-4299-580-63-05. This dollar amount also includes funding for wetlands development, to be included in Phase II of park development). ALTERt~ATlVES: Not apply for ciated with park development . Recreation & Parks Department Name City Attorney 1 Finance 1 Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FOJU,1.DOC 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORJDA, AUTHORJZING THE PROPER CITY 5 OFFICIALS TO APPLY FOR FUNDING TOWARDS 6 DEVELOPMENT OF JAYCEE PARK, FROM THE 7 DEPARTMENT OF ENVIRONMENTAL PROTECTION 8 2005/06 FLORJDA RECREATION DEVELOPMENT 9 ASSIST ANCE PROGRAM; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 \VHEREAS, the City of Boynton Beach recently purchased the Jaycee Park property 13 from the Florida Inland Navigation District; and 14 \VHEREAS, in accordance with the purchase agreement, the City has forty-eight 15 (48) months to develop the park property; and 16 \VHEREAS, the Florida Recreation Development Assistance Program ("FRDAP") is 17 a competitiv~ program that provides grants to local government entities for acquisition and 18 development of land for public outdoor recreation; and 19 'WHEREAS, the Florida Department of Environmental Protection administers 20 FRDAP; and 21 \VHEREAS, the FRDAP grant will provide matching funds up to $200,000.00 for 22 the construction of the upland portion of the site including a playground, picnic facilities, 23 walking trail, park benches, signage, educational kiosks, irrigation, bike rack, sidewalk, 24 fence, restrooms and bocce courts; and 25 WHEREAS, the City is requesting a $200,000.00 grant that requires a 50% cash 26 match from the City of Boynton Beach, pursuant to the FRDAP policies. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COM1\HSSION OF 28 THE CITY OF BOYNTON BEACH, FLORJDA, THAT: 29 S:\CA\RESO\Agreements\Grants\Jaycee Project - FRDAP Grant.doc --- ._._-~- .' ~, , , .~-.._--,---~ >'--~<~" .>---- -., ,- ....~- <....~_."".~~-'-'--- -t'-. .-,--. '~-''''',,,,"--=.,,,, ! I Ii 1 2 Section 1. The City Commission of the City of Boynton Beach hereby authorizes 3 the City Manager to execute an application to the Florida Department of Environmental 4 Protection 2005/06 Florida Recreation Development Assistance Program for a grant in the 5 amount of $200,000.00 for the Jaycee Park Project 6 Section 2. This Resolution shall become effective immediately upon passage. 7 PASSED AND ADOPTED this _ day of November, 2004. 8 9 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 Mayor 14 15 16 Vice Mayor 17 18 19 Commissioner 20 21 22 Commissioner 23 24 25 Commissioner 26 ATTEST: 27 28 29 City Clerk 30 31 32 S:\CA\RESO\Agreements\Grants\Jaycee Project - FRDAP Grant.doc VI.-CONSENT AGENDA ITEM C.IO. 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 o September 7, 2004 (Noon) August 16, 2004 [8] 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 [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: Authorization to apply for funding towards the development of Wilson Park, from the Department of Environmental Protection 2005/06 Florida Recreation Development Assistance Program. EXPLANATION: The Recreation & Parks Department Revenue Policy Manual requires all federal, regional, state, and county grant applications of any amount be approved by the Director, City Manager and Commission. The Florida Recreation Development Assistance Program (FRDAP) is a competitive program, which provides grants to local governmental entities for acquisition and development of land for public outdoor recreation. The Florida Department of Environmental Protection administers FRDAP. PROGRAM IMP ACT: The Wilson Project is a vital part of the Heart Of Boynton Plan. The park will enhance the livability of this area by providing a blend of active and passive recreation activities. This approach to park development allows for a mixed recreational use of the limited public space in the city. Phase I redevelopment of this land includes a Tot Lot playground, picnicking facilities, native landscaping, improvements to the pool deck and equipment for the pool operation, parking lot lighting, bike rack and connection to a greenways project. FISCAL IMPACT: We are requesting a $200,000 grant through FRDAP. The Department of Environmental Protection requires a 50% cash match from the City of Boynton Beach. There is $379,500 budgeted for park development in the adopted Capital Improvements Plan for FY2004/05 (Account# 302-4298-580-63-05). ALTERNATIVES: Not apply for th Recreation & Parks Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE PROPER CITY 5 OFFICIALS TO APPLY FOR FUNDING TO\V ARDS 6 DEVELOPMENT OF \VILSON PARK, FROM THE 7 DEPARTMENT OF ENVIRONMENTAL PROTECTION 8 2005/06 FLORIDA RECREATION DEVELOPMENT 9 ASSISTANCE PROGR~I; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 \VHEREAS, in 2002, the City of Boynton Beach applied for and received a Florida 13 Recreation Development Assistance Program ("FRDAP") grant for the purchase of two 14 pieces of properties adjacent to the Wilson Park, for future expansion of the park; and 15 \VHEREAS, FRDAP is a competitive program that provides grants to local 16 govemment entities for acquisition and development of land for public outdoor recreation; I I 17 and I 18 WHEREAS, the Florida Department of Environmental Protection administers 19 FRDAP; and 20 \VHEREAS, the Wilson Project is a vital part of the Heart of Boynton plan and will 21 enhance the livability of this area by providing a blend of active and passive recreation 22 activities; and 23 \VHEREAS, the City is requesting a $200,000.00 grant that requires a 50% cash 24 match :trom the City of Boynton Beach, pursuant to FRDAP policies. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COl\'IMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 28 Section 1. The City Commission of the City of Boynton Beach hereby authorizes 29 he City Manager to execute an application to the Florida Department of Environmental S:\CA\RESO\Agreements\Grants\Wilson Project - FRDAP Grant.doc I --~__~_~~_~__...c_, ~ .. -"~. -~ _. >"~___,___", _.__.' ..,....--'"... --0___.- _,_co, ~.. ->~..--~ I I I I I 1 Protection 2005/06 Florida Recreation Development Assistance Program for a grant in the 2 amount of$200,000.00 for the Wilson Park Project 3 Section 2. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of November, 2004. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 ATTEST: 24 25 26 City Clerk 27 28 29 S:\CA\RESO\Agreements\Grants\Wilson Project- FRDAP Grant.doc VI.-CONSENT AGENDA ITEM C.ll 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 o September 7, 2004 (Noon) August 16,2004 o November 3,2004 (Noon) October 18,2004 (J 0 --:; --\ -- :.::¡ -< ~ 0 September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November I, 200g ·-<0 ,_ -r¡ -i :-ro f'..) :" ::::> 0"\ --.~ ;- 0 Administrative 0 Development Plans "'2: .~ -1 ):' -~~ NATURE OF 0 Consent Agenda 0 New Business ~~ ~~.... .-.J.- AGENDA ITEM 0 ëS -q 0 Public Hearing Legal ..."CD --- rT1 0 0 - 0> Bids Unfinished Business c...... ;-r¡ (J 0 0 ::c Announcement Presentation 0 City Manager's Report RECOMMENDATION: Approval of the FY2004-2005 budget-approved positions for inclusion in the interim Pay Plan. EXPLANA TION: Positions were budgeted and approved under the 2004-2005 annual budget; however, with the impending Classification and Compensation study, the corresponding Pay Plan revisions for 2004-2005 are on hold pending the results of the study. This request is for approval of the interim positions pending the inclusion of the new position in the forthcoming Pay Plan revision. The attached Parks Superintendent position (Exhibit B) is replacing the Assistant Recreation & Parks Director. Additional positions currently budgeted for include the positions of Forestry & Grounds Manager (Public Works Dept.), Arborist (Recreation & Parks) and three management positions at the Golf Course. These Golf Course positions will be brought to the City Commission at a later date. PROGRAM IMPACT: This action will facilitate the addition of budgeted positions to the Pay Plan on an interim basis. FISCAL IMPACT: Budgeted positions will have no additional impact beyond the approved budget. AL TERNA TIVES: Not approve the budget-approved positions for inclusion in the interim Pay Plan. ~ CIty Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION R04 - 2 3 A RESOLUTION OF THE CITY COJ\Il\USSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND ADOPTING AN INTERIM PAY 6 PLAN; AUTHORIZING THE CITY J\IANAGER TO 7 APPROVE INTERIM PAY RANGES FOR THOSE 8 NEW AND/OR PENDING POSITIONS; AND I 9 PROVIDING AN EFFECTIVE DATE. 10 11 ¡ 12 \VHEREAS, it is vitally important that the City maintain an equitable pay plan in 13 place, to ensure that we are able to compete for, and retain qualified employees; and I I 14 WHEREAS, the Human Resources Department is in the process of reviewing I I every position and conducting a comparison with the most current survey and market I 15 I I 16 data; and I I 17 WHEREAS, in the interim and until that pay study is complete, it is necessary to I I 18 hire individuals in certain positions that do not exist in the current pay plan but are 19 expected to be added to the new pay plan; and 20 WHEREAS, there are certain positions that have been reviewed and are still I 21 pending a final determination of the classification analysis by the City's compensation 22 consultants, and staff recommends that the City Manager be authorized to approve 23 interim pay ranges for these new and/or pending positions as detailed in the attached 24 Exhibit "A." 25 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon I 29 adoption hereof I \ - --~-·________~~._____m.~,_r__ __ ->~-~-""'--- .-.-- . - -~ -" - ,....-,..,~. - - ~ - - ~_____"~<__,,,_ _,__""-_......" -___~"_-_«;.._ ...~_, --0 ~_._.___,__..__, ". ~-..... ^-~" 1 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby approve and adopt an Interim Pay Plan, providing for certain positions, a copy of 3 which is attached hereto and made a part hereof as Exhibit "A". 4 Section 3. That the City Manager shall be authorized to approve interim pay 5 ranges for new and pending positions. 6 Section 4. This Resolution will become effective immediately upon passage. 7 PASSED AND ADOPTED this _ day of November, 2004. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 20 21 Commissioner 22 ATTEST: 23 24 Commissioner 25 26 City Clerk 27 (Corporate Seal) ~~ Class Code 62019 Grade: 32 50,167/60,200/75,250 FLSA: E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: SUPERINTENDENT; PARKS PURPOSE OF CLASSIFICATION The purpose of this classification is to direct the development, operation, and maintenance of municipal parks, grounds, buildings, and rights of way, focusing on landscape maintenance. ESSENTIAL FUNCTIONS The following duties are nonnaJ for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Assists in the planning of new and expanded parks. SupelVises parks and landscape maintenance operations. Develops division budget and supelVises expenditures. SupelVises, directs, and evaluates assigned staff, processing employee concems and problems, directing work, counseling, disciplining, and completing employee performance appraisals; supelVises training of parks personnel; interviews and selects new employees. Coordinates support for recreation events. Develops and monitors maintenance records. SupelVises cemetery operations and maintenance; advises Cemetery Board; assists the Director in the planning and supelVision of construction of capital projects. Handles public complaints. Advises Director on parks matters; coordinates with Recreation and Parks Board. Maintains relations with parks and other professional organizations; represents the division at public meetings. Performs duties of Recreation & Parks Director in absence of Director. ADDITIONAL FUNCTIONS Answers the telephone; types correspondence. Performs other related duties as required. Page 1 _~~O__ ~ ~...........-- --',,,-- >-; ---".- ~ _.~ -.~- , .~-_.<---~_.,..~~--.~--""","~~'--""'~ - ,.-.---,.~-,~.o.ç,-';';' City of Boynton Beach, Florida · Superintendent, Parks 62019 MINIMUM QUALIFICATIONS Bachelor's degree in public administration, landscape architecture, horticulture, or closely related field; supplemented by four (4) years progressively responsible managerial· experience and/or training that includes public administration, parks, and grounds maintenance administratiçm; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid restricted use pesticide certification. PERFORMANCE APTITUDES Data Utilization: Requires the ability to coordinate, manage, and/or correlate data. Includes exercising judgment in determining time, place and/or sequence of operations, referencing data analyses to determine necessity for revision of organizational components, and in the formulation of operational strategy. Human Interaction: Requires the ability to function in a director capacity for a major organizational unit requiring significant internal and external interaction. Equipment. Machinerv. Tools. and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize consulting and advisory data and information, as well as reference, descriptive and/or design data and information as applicable. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute disGount,ihterest, profit and loss, ratio and proportion; may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasonlna: Requires the ability to apply principlès Qf logical or synthesis functions; to deal with several concrete and, abstract variables; and to analyze major problems that require complex planning for interrelated activities that can span one or several work units. Situational Reasoninq: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the direction, control and planning of an entire program or set of programs. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, depth, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. Page 2 City of Boynton Beach, Florida · Superintendent, Parks 62019 The City of Boynton Beach, Florida, is an Equal Opportunity Employer. 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July 19,2004 D October 4, 2004 (Noon) September 20, 2004 D August17,2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4,2004 D September 7,2004 (Noon) August 16, 2004 [8] November 3, 2004 (Noon) October 18, 2004 .:'J C)~ D September 21 , 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November I, 2Q21 ~'=i -< ~::o CJ _¡ -'1 --! í--- CJ rv -c,::::) D D -...J -, ,/ Administrative Development Plans -~ --.¿,..... [8] D :2: -~~ NATURE OF Consent Agenda New Business "~'o -~ :-:; ::-¿: AGENDA ITEM D D - -.~~ Public Hearing Legal - .. D Bids D Unfmished Business C-J C¡ J;> c·.) ,-.,~ D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the November 3, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board recommended that the subject be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-244. EXPLANATION: PROJECT: Berry Veal (SPTE 04-009) AGENT: Alan Gioia, Berry Veal Corporation OWNER: Berry Veal LOCATION: 1421 Neptune Drive DESCRIPTION: Request to one (1) year time extension of the site plan approval granted on August 3, 2003, from August 3, 2004 to August 3,2005. PROGRAM IMP ACT: FISCAL IMP ACT: U AL TERNA TIVES: Develop , City Manager's Signature ~ ~- ~~ ':¡t- ~12- ,/" Planning and Zoning D' ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\BERRY VEAL\SPTE 04-009\Agenda Item Request Berry Veal SPTE 04-009 I I -3-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-244 TO: Chair and Members Planning & Development Board THRU: Michael RU~ ~ Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: October 12, 2004 PROJECT: Berry Veal / SPTE 04-009 REQUEST: Site Plan/Conditional Use Time Extension PROJECT DESCRIPTION Property Owner: R.A. Realty / Alan Gioia Applicant: Berry Veal Corporation Agent: Alan Gioia, Berry Veal Corporation location: 1421 Neptune Drive (see attached map) Existing land Use/Zoning: Industrial (I) / Industrial (M-1) Proposed land Use/Zoning: No change proposed Proposed Use: Expansion of existing Meat Processing Plant Acreage: 1.338 acres Adjacent Uses: North: l-29 Canal right-of-way, farther north Carriage Pointe Townhomes (fka Arbolata Townhomes), currently under construction, zoned PUD; South: Neptune Drive right-of-way, farther south Oceanview limousine and Shutter Products International, zoned M-l; East: Sir Electric, Inc., zoned M-1; and West: Dixie Metal Products, Inc., zoned M-1. BACKGROUND The subject lot is located in an industrial park on the east side of South Congress, a few blocks north of the city's southern limits. Berry Veal has operated from this site since 1985. The company, in 1999, considered expansion plans. At that time, the applicant, based on a recommendation from staff, requested Page 2 Memorandum No. PZ 04-244 a code amendment to better define their operational characteristics. The City Commission authorized the code amendment in the M-l zoning district regulations under conditional use (Chapter 2, Section 8, AA.e.), which reads, "Cutting of sub-primal portions of meat and pre-cut poultry into serving portions including packaging and shipping". Staff has previously toured the facilities and witnessed the process and the cleanliness of the operation. Berry Veal has a resident USDA inspector to monitor the daily operations. ANALYSIS The Applicant applied for Conditional Use approval (COUS 03-005) to expand their operations and on August 5, 2003 received approval from the City Commission, subject to 23 conditions. All project conditions of approval pertaining to the conditional use would still apply. The proposed expansion would enlarge the "deep freezer holding area", the "holding area" and the "storage area", as well as the creation of a "storage mezzanine". The parking lot would be re-striped, including the designation of a fire lane and ADA accessible route. A new dumpster enclosure would be created with the associated landscaping. All newly constructed portions of the building are designed to be compatible with the existing structure. The new construction is proposed at the rear of the building, not visible from the public street. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". It states further that the City Commission may extend the approval for one (1) year provided that the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan time extension on July 20,2004, prior to the expiration date. After Commission approval, the original architect, Mr. Jaime Plana, withdrew from the project for personal reasons, and the applicant has had a difficult time retrieving pertinent plans and information to submit for building permit purposes. As such, the applicant has hired a new architect to complete the process of obtaining the necessary permits. RECOMMENDATION Staff recommends approval of this request for a one (l)-year time extension of the site plan and conditional use approval (COUS 03-005). This recommendation is based on the fact that no changes have been made to the Land Development Regulations that would impact this project since it was approved in 2003. However, since the build-out date in the County's Traffic Performance sign-off is 2004, the applicant will be required to provide the City with an updated concurrency letter of approval from Palm Beach County Traffic Engineering, prior to issuance of any permits. Approval of this request for site plan and conditional use time extension would extend the project's expiration date to August 5,2005. All conditions of approval included in the initial development order must still be satisfactorily addressed during the building permit process, along with the addition of the updated traffic concurrency approval mentioned above. Any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "c" - Conditions of Approval. "":\PIanning\Shared\WplProjects\Berry Veal COUS \sPTE 04-oo9\Slaff Report.doc LOCA TION MAP BERRY VEAL EXHIBIT "A" .' 7 $. I I - . -.. EXHIBIT "B" Conditions of Approval Project name: Berry Veal File number: SPTE 04-009 Reference: I DEP ARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. All previous conditions of approval must still be complied with. X Conditions of Approval 2 [ DEPARTMENTS I INCLUDE I REJECT I 2. The applicant must submit an updated traffic concurrency approval letter X from Palm Beach County Traffic Engineering, which extends the build-out date, prior to issuance of any pennits. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be detennined. I I I S:\Planning\SHARED\ WP\PROJECTS\Berry Veal COUS\SPTE 04-009\COA.doc · LlCVCLVr'YII::''t' Vn.LlCn. vr ,nc v" , vV'V"V"~~IVI't vr I nt;; CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Berry Veal APPLICANTS AGENT: Alan Gioia APPLICANTS ADDRESS: 1421 Neptune Drive, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 3,2004 TYPE OF RELIEF SOUGHT: Request one year site plan time extension to the major site plan modification originally approved by the City Commission on August 5, 2003. LOCATION OF PROPERTY: 1421 Neptune Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Berry Veal COUS\SPTE 04-009\DO.doc VI.-CONSENT AGENDA ITEM 0.2. 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 City Clerk's Office Meeting Dates in to City C1erk's Office o August 3, 2004 (Noon.) July 19,2004 o October 4, 2004 (Noon) September 20,2004 o August 17,2004 o October 19, 2004 ~) (Noon) August 2, 2004 (Noon) October 4, 2oot) ~J=i (Noon) October 18, 20Œf5 ~-< o September 7,2004 (Noon) August 16,2004 r8J November 3, 2004 ~-<C -f ~J -r¡ o September 21, 2004 o November 16,2004 N ~C"J (Noon) September 7, 2004 (Noon) November 1, 2~ <0 :?-( ~-'-"-::'~ == :..)-f ~.: 0 D D - :~~:z Administrative Development Plans - " '1GJ NATURE OF rg¡ Consent Agenda D New Business GJ -fTI nJ> C0 ¡~C') AGENDA ITEM D Public Hearing D Legal ::r: D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the November 3, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board recommended that the subject be approved with the revised time extension date to be five months instead of three months, granting approval to January 5,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-246. EXPLANATION: PROJECT: Serrano Beach (SPTE 04-010) AGENT: Chip Bryan, Julian Bryan & Associates, Incorporated OWNER: D R Horton, Incorporated LOCATION: Quarter mile west of Congress A venue; south of Golf DESCRIPTION: Request for a three (3) month time extension of the site plan approval granted on August 5, 2003, rrom August 5, 2004 to November 5, 2005. PROGRAM IMP ACT: FISCAL IMPACT: ~~ ALTERNATIVES: 0 Developmen ity Manager's Signature ./ ~ __ /", tW2- Planning and Zonintl>irector City Attorney / Finance / Human Resources S:\P1anning\SHARED\WP\PROJECTS\Serrano Beach\SPTE 04-01 O\Agenda Item Request Serrano Beach SPTE 04-010 1 I -3-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-246 TO: Chairman and Members Planning & Development Board THRU: Michael Rumpf ~. Director of Planning and Zoning FROM: Eric Lee Johnson, AICP ~ Planner DATE: October 11, 2004 PROJECT NAME/NO: Serrano Beach / SPTE 04-010 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: D R Horton, Incorporated Applicant / Agent: Mr. Chip Bryan - Julian Bryan & Associates, Incorporated Location: 1,300 feet west of Congress Avenue on the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28)(see Exhibit "A" - Location Map) Land Use/Zoning: Low Density Residential (LOR) (4.84 du/ac) / Planned Unit Development (PUD) Proposed Use: 47 zero lot line single-family dwelling units Acreage: 9.728 acres (423,754 square feet) Adjacent Uses: North: To the northeast, three single-family homes in Silverlake Estates designated Low Density Residential (LDR) at 4.84 du/ac and zoned Planned Unit Development (PUD). The actual built density of the PUD is 2.04 dujac. To the northwest, unincorporated property developed with one, two (2)-story single-family residence designated MR-5 (Medium Density Residential at 5 du/ac) and zoned AR-USA, Agricultural Residential in the Urban Services Area; South: Immediately south are the rights-of-way of the Lake Worth Drainage District L-28 Lateral Canal and Palmland Drive, then developed residential (Chanteclair Villas Condominiums) designated High Density Residential (HDR) at 10.8 du/ac) and zoned Multi-family Residential (R-3) (10.8 du/ac). The actual built density of Chanteclair Villas is 7.42 du/ac. To the west of Chanteclair Villas is the Palmland Villas development with a built density of 8.57 du/ac; East: Developed Elementary (Crosspointe) School designated Public & Private Governmental/Institutional (PPGI) and zoned Public Use (PU); and Page 2 Memorandum No. PZ 04-246 West: Property within the Village of Golf designated single family residential and built at a density of 0.3 du/ac. The property immediately adjacent to the subject site consists of one single-family home on a 1.6-acre parcel and a portion of a vacant parcel of 4.5 acres. BACKGROUND The subject property is a square-shaped lot totaling 9.7 acres in area. It was annexed (ANEX 03-001) into the city last year and rezoned (LUAR 03-005) to Planned Unit Development (PUD). According to public records, D R Horton, Incorporated has owned the property since December of 2003. On August 5, 2003, the site plan was approved for the construction of 47 zero-lot line single-family homes. Potential homebuyers could choose from seven (7) different house styles, ranging from three (3) to five (5) bedrooms. A site plan is valid for only one (1) year after a development order has been issued. The developer is required to secure a building permit within that year. Mr. Chip Bryan of Julian Bryan & Associates, Incorporated, agent for the property owner, is now requesting a three (3)-month time extension, for the site plan (NWSP 03-010), which was approved a year ago. If this time extension request is approved, the expiration date of the site plan, including concurrency certification, would be extended to November 5, 2004. The site plan would still be subject to the original 48 conditions of approval. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on August 3, 2004. The payment and written time extension request were both received on August 4, 2004, prior to the expiration date of the site plan. According to the time extension application, Mr. Bryan states "the project was delayed extensively during the post site plan permitting phase in an effort to accommodate neighboring resident's concerns. As a result of numerous meetings and discussions with the residents of adjacent communities, several aspects of the project's drainage and utility design were revised to further reduce any potential impacts to adjoining communities. Serrano Beach has recently received an environmental resource permit from South Florida Water Management District and a clearing and excavation permit from the City. Site work has commenced, and we anticipate remaining permitting and construction proceeding rapidly. We do not anticipate any further delays, and regret that we must request this extension, having so nearly met the deadline". One informal criterion that staff methodically utilizes in the evaluation of a request for time extensions is the applicants' demonstration or willingness to complete the project in "good faith". The applicant can submit detailed plans to the Building Division in anticipation of eventually securing a building permit. Submitting building permit plans demonstrates "good faith" to the City that the developer is attempting to complete the project. The applicant submitted plans to the Building Division for the model home on August 11, 2004. The plans are still under review. The clearing and grubbing permit was approved on August 19, 2004. Page 3 Memorandum No. PZ 04-246 A more formal criterion for evaluating requests for time extensions is a project's compliance with (traffic) concurrency requirements. On March 7, 2003, the Palm Beach County Traffic Division approved the traffic study for 98 multi-family dwelling units with a build-out year of 2004. One of the conditions of approval from the site plan is that the Palm Beach County Traffic Division would have to approve a revised traffic analysis based upon the decision to construct 47 zero-lot line single-family homes and submit a Traffic Equivalency Statement, prior to the issuance of a building permit. This condition as well as the other conditions would still be applicable today. As of this date, the project currently lacks traffic concurrency. It should be noted that on March 9, 2004, Mr. Peter V. Mazzella, Deputy Director of Utilities approved the underground Utilities piping plan and the applicant paid for the water reservation fee. RECOMMENDATION Staff recommends approval of this request for a three (3)-month time extension of the new site plan (NWSP 03-010). As previously mentioned, if approved, the new expiration date would be November 5, 2004. This recommendation is based on the "good faith" effort shown to build the project and the fact that no changes have been made to the Land Development Regulations that would impact this project since it was approved in 2003. All conditions of approval included in the initial development order must still be satisfactorily addressed during the building permit process. Any additional conditions of approval recommended by the Board or City Commission would be placed in Exhibit "c" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Serrano Beach\SPTE 04-010\Staff Report.doc Location M , Serrano at B ap I i oynton Beach , ; , - ---, __ 0---' ~ .- ~ i ' ' ¡ ! i ! I ¡ i i I i I I I I ! I u PU ¡ ! I I , I' I . ~\ \ MLANn nR I I I I ! 'I =0 ¡ i 0 I :~ r II ' I ¡ ì i .' I ¡ I ¡¡-I I ------------- . I .\ .' i I 1 II : I I I I I : i i I ! I ! i ....; I ,f' /' I /,.' // / I I J I I 800 0 800 Feet H .~, s I . f--" ON""'--I'U3S ---1·- I II . v co ~ II ~;~ g ~ ¡ " JJ NYld 3J.JS ~3J.S'ffl .... -.- ....-.......-.... "......¡-- .-,.,.... -.......u_ --...... .....u_ _,~u.", -- ~"'--p u__n S9.JOIOOSS\¡f 'ii UDAle uonnr tJ U r ~; I"'A. !l j "'I^.......YOItO:) ".. ~í - ... Il. i;f r i~ ef I ! ~ i 'nq :e ~ i ¡f't,"", · Z - .,t - J~ C~. I if ii, t ~ 0; ,.1. i5 t II j = ~ ~ l U~ f :. gS § Ii ; t- ,t hll ~ : u ~ ~~!~ = § ~~ ~ ~ I! .;1 ~jf,'ld, ¡ g h;~ i ~ ~: ~ ~ ~! ~f!! lit !f· . ællf ~ ~ ~ .~ a ~: NIIIII . ~!f- 0 ~ ~ 8. . ",'I>fi I 5!!~ ~ I ~ ~~. ¡ w IP,II;, ~ !i~ ø rIEl I t I i:J g 5 I fl, ,i,1 f I H H C f5 U : ~ = : Ilrlll'l; ~¡ uu V~~ u w I ¡ f' III r ~ It~ ~:I. ::~: :~~ :: ~ I f mill. Ii ~ t!' H~Bt~ ISH H! U ;r .. ¡¡ ~ ~ ~ I J i I ulll" HII III II .. HIIIII HII JU U I' ! ~ , I - _.J : .ac..oo' 40.00' ".-=---=-1 I ' t. Ii ¡ '\; , ; , It" I . J. i! ¡. j\: -- I . '1: 1r ·i' It ~ ~J ~J h ..... 0: . f o ._-~ N J ~f i3~ ()~ iJ'ã ~ì ~~ - Ai -n-··· --... i I! I ~ .1 ~ I Þ i -------~ - Anu-~2.:-PtUI:i -: Mf'I o qnd - d :ðutuoz ) II:~Z ' ~OO'¡03Ðm,^ .. C 5100 ;10 31!)YT1~ 030\/, '~'1[19-Nn 40.00' . .0.00' . II II 81 HX3 , EXHIBIT "C" Conditions of Approval Project name: Serrano Beach File number: SPTE 04-010 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING A1~D ZONING Comments: 1. The applicant must submit an updated/corrected traffic concurrency approval X letter from Palm Beach County Traffic Engineering prior to issuance of any pennits. Conditions of Approval 2 I DEPARTMENTS I INCLUDE ¡ REJECT I 2. All previous conditions of approval must still be complied with. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\ WP\PROJECTS\Serrano Beach\SPTE 04-0 I O\COA.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM F 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 ¡;:-) '-'J --'-t o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2()t)I :...~-< -_/ ...-... ;~¡-1 ...·._1 -0 .-, -." o August 17,2004 (Noon) August 2, 2004 [gJ October 19,2004 (Noon) October 4,20041" .-- CO ;~;C> ---1 ... - ._-..... o September 7, 2004 o November 3, 2004 .-'<~:: (Noon) August 16,2004 (Noon) October 18, 200~ "}-I _.x,., 0 - .----", -,-- o September 21, 2004 o November 16,2004 "1 (Noon) September 7, 2004 (Noon) November 1, 20ðr - if CJ 0 '~rr1 '-, "'-> c.n '''0 ::¡: 0 Administrative 0 Development Plans NATURE OF IB Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Approval of an expenditure in the amount of $9,033.00 from the Federal Forfeiture Fund in order to purchase 1 LaserFiche unit and license. Supplier of the equipment is R & S Integrated Products. This expenditure meets the requirements for the use of Federal Forfeiture funds. EXPLANATION: The LaserFiche scanner will be used in the police-training unit for document scanning. Currently all documents are stored in file cabinets and we are out of storage space. R & S is the vendor for all of the cities LaserFiche equipment. PROGRAM IMPACT: FISCAL IMPACT: No impact on City funds. Money will be taken from the Federal Forfeiture Fund. Account No. 691-5000-04-22 $9,033,00 Sf() - AL TERNA TIVES: ~ . ~ Department Head's Signature Ity anager's SIgnature Police W~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC '<I' '<I' , , C) C) 1 I ----- ----- r>:' , 0 0 !ill I C) C) p:¡, , ----- ----- :<;, 1 r-- r-- ~: , , E-<C) C) C) C) C) C) C) , I 5~ 0 0 0 0 0 0 .. .. 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E-<.... Z.... 0.... Q.. .. , l!1 l!1 l!1 l!1 U) l!1 H 0' o;>iQ ;>iQ !i ><Q O><Q µ:¡U;>iQ ~><Q , E-<o 0 0 0 0 0 Z f-i H' '<I'f-i0 of-iO UJf-iO f-i0 :r: f-i0 f-i0 . Zo C) C) 0 0 C) 0 <1; E-<' H:<; l!1HZ H:<; r>:H:<; Ur>:H:<; H:<; , ::Jo 0 C) 0 0 0 H U 14' ::JQZ roQZ r>:Q:<; <1;QZ HIïIQZ E-<Q:<; , OU) l!1 l!1 l!1 l!1 l!1 f-i 0 HI UJOO 00 rz¡00 rz¡00 µ,UJOO r>:00 , Ur-I r-I r-I r-I rl r-I H ,..:¡ r>:1 f-iZU ~:<;U ~:<;U ><ZU r>:::J:<;U O:<;U I UO'I 0'\ 0'1 0'1 0'\ 0'1 UJ U, HZP:¡ ZP:¡ :<;¡:Q Z¡:Q !i :<;¡:Q p':<;P:¡ , <1;\D \D \D \D \D \D H 0 UJ' t-::JO::J rr.0::J O::J rz¡0::J UJIïIO::J P.O::J , ::J f-i !ii' ::JUCI) OUCI) UUCI) ZUCI) ':¡;ZUCI) ::JUCI) . a QI rr. :>:: CI) 0 "':¡O U) , '"' µ:¡ 14 I r>: H !i , , !i :r: Zr>:' r-I 0J M '<I' U) \D , Zr-I N M '<I' l!1 \D U) H¡:Q' 1 H "':¡ZI , ,..:¡ 1 1 _ __'·_'h~<-__-_ .,,_. ~ ~. . _ __ _>..,--__-=_u_~_.....i__.....__"'_. -. "-;""~--'~""'";''' R&S Integrated Products and Services Inc. Information through Innovation 16471/2 George Jenkins Blvd. Lakeland, FL 33815 Voice 863.683.9393 Facsimile 863.686.061 www.rsoasis.com Fujitsu 4097 scanner with Kofax card, duplex scanner 49/88 ppm 5j. RS4097G Fujitsu 4097 SCSI scanner, up to 11 X 17" 1 $5,595 $5,595 5k. RS4097G one year onsite system support, scanner replmnt 1 $1,295 $1 ,295 51. RS850V Kofax 850 Adrenaline card, scanner interface 1 $1,395 $1,395 RS2104 Scanner setup 1 $130 $130 $8,415 R&S Integrated Products and Services Inc. Information through Innovation 16471/2 George Jenkins Blvd. Lakeland. FL 33815 Voice 863.683.9393 Facsimile 863.686.061 www.rsoasis.com Document Management and Imaging Systems City of Boynton Beach (includes support) Product Code Description Qual SNAPSII Cost subTotal Software 2c. LFULL LaserFiche 'SQL' ReadlWrite Client for Document Management System 1 $475 $475 One user concurrent license 2d. LFULLP Support and Upgrades for one year 1 $143 $143 Software Total $618 6/22/04 - -~~. "'_~'~T_' __ _ ~ ." ___",-_>~_~____""",,_._ N'·~ ~ ___._~..-;o_,,",<>-";__... VI.-CONSENT AGENDA . ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetim! Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July] 9,2004 o October 5, 2004 (Noon) September 20, 2004 CJ r-, CJ-i o August ]7,2004 (Noon) August 2, 2004 [8J October 19,2004 (Noon) October 4, 20ò.f ~-:;-< (..0 -~--=) 'q -fl o September 7, 2004 (Noon) August] 6, 2004 o November 3, 2004 (Noon) October 18,2004 :J ¡-co ~,-) ì--:'J ... -: 1 .' o September 21, 2004 o November 16, 2004 - (Noon) September 7, 2004 (Noon) November], 2004 "",,--- .. -1 . ~ C> r-., -:' - "-~"'"1 --"~- .. -,C ::0 0 Administrative 0 Development Plans ..~ -:= ,.,1 .:'.> [8J Consent Agenda 0 New Business 01 ¡ t;(J NATURE OF ::c AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Untmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Approval of expenditure in the amount of $16,563.40 from the Federal Forfeiture Fund to purchase a closed circuit television system from Security One Systems. This purchase is from the SNAPS agreement # 6802563. This expenditure meets the requirements for the use of Federal Forfeiture Fund. EXPLANATION: Our current 24-hour video recording system is old and outdated with some of the units in need of replacement. The current system uses over 450 VCR tapes in a 90-day cycle. With the new digital system the recordings will be stored on a server with an automatic recycling date, thus eliminating the need of changing the VCR tapes on a daily routine. We can use the existing cabling in place and record more of the needed areas of required coverage. PROGRAM IMPACT: FISCAL IMPACT: No impact on City funds. Money will be taken from the Federal Forfeiture Fund. Account No. 691-5000-04-23 $16,563.40 s,c> - ALTERNATIVES: ~~ Cl Manager's 19nature Police w.~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 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 copy of aC)enda request (with back up) 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. Requested City Deadline for Submittal to City P & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates D Au ust 3, 2004 D Au ust 17, 2004 D Se tember 7 2004 D Se tember 21, 2004 D October 5, 2004 !:8J October 19, 2004 D November 3, 2004 D November 16, 2004 Departments are responsible for securing the following si natures on attached A enda Re uest Form: De artment Head 0 Wilfred Hawkins for de artments under Administrative Services D Finance De artment for items that involve ex enditure of funds D All back u material is attached D All exhibits are attached & marked D Department Head's initials: ~--- Please do not write in the shaded area below. Legal Department signature 0 City Manager's signature 0 ITEM RETURNED FOR THEFOlLOWINGREASON(S): Signature(s) missing 0 Incompl.ete submittal 0 Missed deadline D Other D Reason: Person. contacted to pickup rejected request on (Date) by bg - 7/19/02 M:\CityTemplates\City Mgr\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc - --._-~."----~~------"'~-',",-...~-. .,..--~~-. .'~ ~~ - >,.; ""o"'o";¿;'''''--_~ Ci~ of ßO)lnton ßeacb~l'o\ice Departt1lent 01 project Location: City of BOynton BeIlcb-po\ice Depart11lent \00 £aSt BoynlOU J3e8Ch Blvd. Bo)'1\ton Beacn, fL 33425 Ccrv system Dpgrade ~ro\10sa\'. 62\ 6~ \ Qß/27/2004 'Prepared for: J31let VI ooten 1029 Ñ. f\orida M.ango Rd. West pa\In Beacb, rL 33409 56\ -6ß4-- \ 11 \ ...." .".,....... and............ ,.aets """'''' ~ "'" _ "'....... " ....... of'" ..--'...::;:'.... be...... "'......... """ to<"'-'" ........~ .. ~.,.........,............ __. U I ............ """.............. of.... pcoO""".... . . .... \I. -"'" Is............ ~ as.......·.:.:;,..........."... -..-. -....- - ""....... ..... -............. ..,.,"'...... -;"" þ""- -... _. ..-'" ,...-. c.-*·,.......... "'.- -- 561-684-1771 www.securityone.com 1029 N. Florida Mango Rd. West Palm Beach, FL 33409 August 31, 2004 Janet Wooten City of Boynton Beach-Police Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Re: CCTV - Proposal Dear Mrs. Wooten: Thank: you for allowing Security One Systems, Inc. the opportunity to present this proposal for your consideration. This proposal is based on our discussions, meetings, site surveys, and bid documents created by your organization. Our company is uniquely qualified to provide the installation and service required for the above referenced security system. Security One Systems, Inc. has an established track record of installing and maintaining similar systems as well as meeting strict time schedules and budget requirements. Our engineering and project management staff have worked together with me to create this proposal. This team will be prepared to deliver your installation in an organized and professional manner. Our installation crews and service technicians will be unifonned, trained, and in company stocked vehicles. In addition, upon completion of the installation, our service department staff will be ready to provide you with same day service utilizing our unique computerized dispatch system. Finally, although most of the work to be done will be executed by other team members, I will be committed to monitoring the process and making sure that your system meets or exceeds your expectations. Sincerely, Michele Buck Security Sales Advisor --'.--. iIIj"--~~,,-,,,,~~ ___ _. <_"".._~,_~~"'_"",~_L__ ._ T___ .-~~__ _~ -__,->-~_._,<~o ~fi< _"'...;-.v-.""'".....,.,. General System Description This is to remove the existing 7 black and white cameras and replace with color high resolution variable light condition cameras. The existing vcrs, multiplexor, switches, transformers and black and white monitors will be removed and replaced with 1 16 channel dvr and 1 16 channel master power supply (located in the evidence room). The 4 black and white 9" monitors outside of the booking room will also be removed and replaced with 1 21" color monitor so that you can see all of the cameras on 1 monitor. All existing cable is to be utilized. If for any reason any of the existing cable is damaged or can not be used there will be an additional charge for both new cable and labor to replace. Optional Estimates: Lobby Camera - Mini Dome Surface Mount $733.25 plus cable/labor/materialslshipping/programming - estimate $600.00 + or - = $1333.25 Interior Intersection Camera - Mini Dome Surface Mount $733.25 plus cablellabor/materialslshipping/programming - estimate $500.00 + or - = $1233.25 Exterior Intersection Camera - Mini Dome Surface Mount $733.25 plus cable/labor/materials/shipping/programming - estimate $700.00 + or - = $1433.25 Chiefs Wing Camera - Mini Dome Surface Mount $733.25 plus cablellabor/materials/shipping/programming - estimate $600.00 + or - = $1333.25 South Lot Camera - PTZ $2408.00 Mount $349.16 Power Supply $113.24 plus cablelconduitflabor/materialslshipping/programming - estimate $3000.00 + or - = $6170.40 Optional controller for each of the monitors each $743.47 to control the cameras at the monitor themselves. If you are interested in adding any of the above to the proposal I will meet Juan Pabon (my installation/branch manager) onsite to determine the exact distances/labor - especially for the South lot camera/conduit runs/etc. Scope: CCTV Video Head End Head End #1: Evidence Room Desktop (1) Kalatel- V-DVR-DVMRe-16CT-320C - Kalatel DVR 16 Camera 320GB - w/controller (1) Samsung - V -MON-l100DF - 21" Color Monitor (White) Notes: All cables come into here. There is an existing mux up on a shelf Remove and replace with the new dvr. Customer to furnish and install (as required) all electric, UPS systems, network connections, and telephone lines to each CCTV Head End location. CCTV Power Supplies Power SUDDIv #1 Evidence Room (1) Altronix Corp. - V-PSU-ALTV2416-ULX -16 Camera Power Supply - UL Listed Customer to furnish and install (as required) all electric connection to each CCTV Power Supply location. Camera Location Camera #1 Cell #1 Camera to view: cell area Camera: Panasonic - V-CAM-WV-CW474AS -Mini Dome Surface Mount Color Varifocal Other notes regarding this camera: Use existing cable/mountlhousing. We are just removing the existing b/w camera and replacing with color. Camera #2 Cell #2 Camera to view: cell area Camera: Panasonic - V -CAM-WV -CW474AS - Mini Dome Surface Mount Color Varifocal Other notes regarding this camera: Use existing cable/mountlhousing. Weare just removing the existing b/w camera and replacing with color. Camera #3 Cell #3 Camera to view: cell area Camera: Panasonic - V -CAM- WV -CW474AS - Mini Dome Surface Mount Color Varifoca/ Other notes regarding this camera: Use existing cable/mountlhousing. Weare just removing the existing b/w camera and replacing with color. - ----~-~~_.__.- ~-_......<~...-" -< ----_.-_._<~.....--~ .'-~' - .,-----,..,-"._--~,"".........,....,,""""....-- -",-.' -,~..--..;""'~'<~ Scope: CCTV Camera #4 CeU #4 Camera to view: cell area Camera: Panasonic - V-CAM-WV-CW474AS -Mini Dome Surface Mount C%r Varifoca/ Other notes regarding this camera: Use existing cablelmount/housing. We are just removing the existing b/w camera and replacing with color. Camera #5 Bookin~ Area Camera to view: booking area Camera: Panasonic - V-CAM-WV-CW474AS -Mini Dome Surface Mount C%r Varifoca/ Other notes regarding this camera: Use existing cable. Weare replacing existing camera/housing/mount with a surface mini dome color camera. Camera #6 Hallwav bv lockers camera 1 Camera to view: hallway Camera: Panasonic - V-CAM-WV-CW474AS -Mini Dome Surface Mount C%r Varifoca/ Other notes regarding this camera: Use existing cable. Weare replacing existing camera/housing/mount with a surface mini dome color camera. Camera #7 HaUwav bv lockers camera 2 Camera to view: hallway Camera: Panasonic - V-CAM-WV-CW474AS -Mini Dome Surface Mount C%r Varifoca/ Other notes regarding this camera: Use existing cable. Weare replacing existing camera/housing/mount with a surface mini dome color camera. Camera #8 SaUv Door Camera to view: Door Camera: Panasonic - V-CAM-WV-CW474AS -Mini Dome Surface Mount C%r Varifoca/ Other notes regarding this camera: Use existing cable. Weare replacing existing camera/housing/mount with a surface mini dome color camera. Also - add a flex kit to cover up the exposed cables (exterior camera). Equipment List !2!y Make - Model Price Per Unit Ext. Price 1.00 Kalatel - V-DVR-DVMRe-16CT-320C $7,380.52 $7,380.52 !2!y Make - Model Price Per Unit Ext. Price 8.00 Panasonic - V-CAM-WV-CW474AS $602.00 $4,816.00 !2!y Make - Model Price Per Unit Ext. Price 1.00 Pelro - V-MON-PMC21A $464.41 $464.41 Q!y Make - Model Price Per Unit Ext. Price 1.00 Altronix Corp. - V-PSU-AL 1V2416-ULX $154.50 $154.50 Q!y Make - Model Price Per Unit Ext. Price 1.00 Pelro - V-MNT-MR5000L $211.60 $211.60 60.00 Security One Systems - Mise Install $1.75 $105.00 Materials Items in italics are not pari of special pricing agreement. - -----,- -"_..-_.><.~ .->--."........"...---""'-. ..~_T~"............-_~__-__~_.......~1" - __" -~'''''<---~"---'''~.,,. Clarification General a) Customer to make available adequate mounting space for all head end devices. Mounting space requirements will be provided to Client upon award. b) Any High voltage (greater than 48 VAC) requirements are not quoted, unless specifICally identified in the scope of work and/or the equipment list. c) This installation will be done with T efJon plenum-rated wire where required for low voltage work. installed in free air, above ceilings, and in partition walls, and does not include costs for asbestos related work. d) Conduit is not included, unless specifically identified in the scope of work and/or the equipment list. Access Control a) All Door(s) and associated door hardware are not included, unless specifically identified in the scope of work and/or equipment list. b) Coring of new or existing doors required for electrified locking hardware is considered the responsibility of others. c) ModifICation of any new or existing fire doors is not included. Additional charges may apply if SECURITY ONE SYSTEMS, INC. is requested to perform such work. d) Proper door alignment and mechanical operation is the responsibility of others. e) Programming and configuration of your microprocessor and/or CPU is included, excluding Ioadingthe database. It shall be the responsibility of the Customer to load the data base which involves defining access levels, time zones, personnel data, programming maps, defining alarm messages and instructions, along with the input of any user defined data. Individual cardholder input and definition is also excluded. f) Access control cards are not included, unless specifically identified in the scope of work and/or equipment list. g) Access control system computer UPS is not included unless specifically identified in the scope of work and/or equipment list. h) FIRE ALARM RELEASE - It the responisbiflty of the customer and the fire alarm service provider for this site. Any permits required in accordance with the fire alarm system or release shall be obtained by the fire alarm service provider. CCTV a) A dedicated circuit is recommended for the CCTV system, but not included. b) Current and future lighting requirements are the responsibility of others. c) Appropriate furniture or shelving for CCTV recording equipment is not included, unless specifICally identified in the scope of work and/or the equipment list. Intrusion Alarm and Monitorina a) A separate alarm monitoring agreement will be required for alarm monitoring services. b) All call lists and contact names are to be provided in writing. Installation a) All required installation documents are included. b) Installation of all required equipment and materials with on-site supervision of project is included. c) Labor quoted assumes normal eight (8) hour working days, excluding weekends, holidays and overtime. d) Idle time incurred by Security One Systems, Inc. employees and their subcontractors due to escorts, clearances. inability to enter workspace, and other factors beyond our control, will be invoiced at our current labor rates. e) This proposal includes travel to and from the site to perform our stated scope of work. Additional or duplicate site visits required due to factors beyond our control, will be invoiced at our current labor rates. f) Client to coordinate with local Security One Systems, Inc. staff to provide safe and timely right-of-passage in the work area during cable run and system installation. g) Client to provide and coordinate 110 VAC electrical service where needed. h) AIILAN/WAN connections, addressing and network functionality are the responsibility of the Client. i) Any telephone lines or LAN/WAN connections must be installed and operational prior to Security One Systems, Inc. commencing work. The local Security One Systems, Inc. representative will verify the availability and functionality of all connections prior to starting work. Chanaes in Scope of Work Any changes in the understood scope of work win be communicated and approved in writing (by an authorized Client representative), prior to commencing work. PermitslBondinalSeaIed Enaineered Drawinas Permits, bonds, and other requirements by any government agency are not included. Financial Summary ;b iŠ'¡~~3~ Proposal Number: 6216-1 BiDing Address: Project Location: City Of Boynton Beach, Florida City of Boynton Beach-Police Department 100 East Boynton Beach Blvd 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Boynton Beach, FL 33425 CCTV Summary Equipment $13,132.03 Materials $787.92 Labor $2,388.90 System Total $16,308.85 Total Summary CCTV System $16,308.85 Systems Total $16,308.85 Shipping $254.55 Total $16,563.40 This proposal does not include sales tax Date Printed:0813112004 10:57:39PM .. --~----~--- , ~4__ ---. ~..,-~,-".-~-~.,. _~__ ._'. c",,-,...~~,~~.. 00'_>". - $ ~-_~__" - '--~-.--~"""-.....,-,:....~ Acceptance For the amount of $16,563.40 for installation. This proposal is valid until 10/26/2004 City of Boynton Beach-Police Department Security One Systems, Inc. Authorized Customer Signature Date Security One Systems, Inc. Signature Date Printed Name Printed Name Title Title PO Number The above persons represent that they are authorized to sign and execute this binding agreement. This acceptance indicates understanding of the complete proposal, including clañfications, design, programming, drawings, ownership and software licenses and the Warranty Service Plan below. This system proposal is intended to provide the client partial protection of the designated premises. Its design should be understood to represent a compromise between the costs, understood scope of work, and customer feedback. Accordingly, such a system may not provide ample protection from all possible threats, and Security One Systems, Inc. shall not be responsible in such an event. Snaps agreement #6802563 Payment for Services Customer agrees to pay fifty (50%) percent of the above price as a deposit before work begins. The balance of the installation will be billed upon substantial completion of the system. Under no circumstances may Customer make payments directly to any subcontractor, material supplier, laborer, or any other person performing work or fumishing material under the Agreement without the prior written consent of Security One Systems, Inc.. Service Plan The equipment installed by Security One Systems, Inc. will be covered by a Protection Plan for a period of twelve months following the date of substantial completion of the system. The system will be considered substantially completed at the time which the customer receives beneficial use of the system or is able to receive beneficial use of the system. The service plan will cover all parts and labor during working hours (Monday-Friday from 8:30AM -5:00PM excluding holidays. Service can be performed on weekends or after hours at Security One Systems, Inc. 's standard published rates. ~ SECURITY ONE SYSTEMS. INC. SNAPS .. PRICE LIST EFFECTIVE DATE: 1JJ1M083 REGULAR SNAPS MANUJi'AC'I'1JUR MODEL DECRJPTlON PRICE PRICE PaDasonic V-DVR-WJ-HD2OOI24O Hard Disk Recorder 8 Channel W/120GBT $3601.50 $3097.29 Peko V·VCR-TLR3096 VCR.-96 Hour Tune Lapse ~er $660.45 S567.99 Peko V-VCR-TLR3168 168 HrTimc Lapse VCR $B0938 .$696.06 PuInix V-DVR-VICJ4UWß8--9001 VIC-Video Capture Computer SI0391.50 $8936.69 (V-FIB) VIdeo Fiber Optics Fiber Option V-FlB-511EPSI Power Supply for S111U $1086..15 $934.60 Fiber Option V-FIB-517R1 Card Cage Rack, 17 Chambers S458.50 $39431 Fiber Option V-FIB-6J3P Powa- Supply for Fiber Options $49.00 $42.14 Fiber Optìoo V-F1B-S1OOVT-EST 1 Way Video TransmiUer $246.15 $21221 Fiber Option V-FIB-S102Vf-EST Video Tnmsmitœr $442.75 $380.71 Fiber Option V-FIB-S139DVR-RSTl Fiber Optic Recehrer rrrJ.OO $66822 Fiber Opdon V-FIB-S739DVT-ESTl Optic Video ~ $771.00 $668.22 I1Itemational Fabel- Sys V-FlB-PS-1101M Power Supply 24 V AC $29.49 $25.36 Iobøarional Fiber 8ys V-FJB-R3 Rack Mount Power SUpply $787.s0 $677.25 TrdPfnldÚmA1 Fiber Sys V-FIB- VIUSOS Fiber Optic Rec:eiverfor PTZ Rack Mount $516.25 $443.98 ~FiberSys V-FtB-VRl50SWDM-R3 Fiber Optic Rcc:ciwr for PTZ Rack MoÞnt $187 .so $61725 JJJIematioDaI Fiber Sys V-F18·VR20J0-.R3 Fiber .Receiver 2 CuumeJ Rack Mount $1081.50 S930.D9 International Fiber Sys V-FlB-VR60I0-R3 4 Ch Fiber Video Receiver Rack Mouncøble 5157325 $1353.00 IJdemariona1 Fiber Sys V-FlB-VT15OSWDM Fiber' Optic: Transmitter for PTZ- Panel $787.SO S61725 ~Fiber'Sys V-FlB-VTtSOSWDM-Peko Fiber Optic Transmiuer ibr PTZ Dome Mount S80S.oo $692.30 IJJIerœtionaI Fiber Sys V-FlB-VT2010 Fiber TJ'1UBiIDítœr - 2 Camera $1081.50 S930.09 IøœmatioIIaI Fiber Sys V-FIB-VT60IO-RJ 4 Cb Fiber V1deo Transmiaer Rack Mountable SIS732S 51353.00 IDtematicmaI Fiber Sys VT-IOOJ Fiber Optic Dual Video Fixed S442.15 S380.77 Jnœmøtio.øal Fiber 815 YTI500WDM-K Video TJ'8JISIJIÎtIa'-KaJateJ CyberdÐme S178.15 $669.72 (V-BSG) VIdeo BousiDgs Pelco V-HSG-3H2100P Indoor Wedge Camera HousiD& Plenum $13739 $118.16 Pe1co V-HSG-EH3S08IMT 8 Inch Outdoor Housing W"Jtb EMI4SO Mount $104.90 $9021 Peko V-HSG-EmS12 Housing-Qufdoor 12 $9324 $80.19 Peleo V-HSG-EH35I2IMT El:l3S12 Wdh EM14SO Mount SUO.08 $M.66 Pelc:o V-HSG-EH4112DB 12 IndI Outdoor Housing Drop.-Bottom $167.85 $144.34 (V-LENS) VIdeo LeDS Tamron IndusIries V-LEN-13VGSSO-SQ 5-SOmm. VarüòeaI All. Leos $210.00 5180.60 Tamron Iudusbies V-LEN-13VMSSO 5-SOmm VarifiM:al MIl Lens $166.2S 5142..98 Tamroø Jødusbies V-LEN-13VG2112AS-SQ 2.8 - 12rnm AspbaicaJ An Leas $122.S0 S105.35 Tamron Industries V-LEN-J3VM2812AS 2.8 - 12mm Aspberical MIl Leos $78.75 $67.13 (V-MNT) CCTVMouats CSJISpeco V-MNT-csTI2S Indoor WaDlCeiling Mount Black S15.OO 19.03 KaJateI V-MNT-KTA-02-12 KaJa1eI- Wall Mount forCybentome Grey $93.10 $80.07 Kalafel V-MNT-KTA-2S Comer Mount Adaptor $53.20 $45.75 KaIareJ V-MNT-KTA-26 KahrtcJ Pole Mouat Adapta' for Cyberdome $49.00 $42.14 Kalatel V-MNT -K.TA-27 KaJaœJ RoofMooøt Adapter for Cyba'dome $123.20 ~ KaIareJ V-MNT-KTAJ....C4. T Smoked Dome Wall MDt for FIXed Camera S2B1.oo 1246.12 PeIco V-NNT-cM4400 Outdoœ- CeiliDg Mount"L .. Shape 154.08 $46.50 PeJco V-MNT-E2100 DIop Ceiling AdapIer FÆH2100 $45.35 $3&.99 PeIco V-MNT-EMI01SU PeJco Ceiting/Pedeslal Mount 15 $62.69 $53.91 PeIco V-MNT-EM4400 Outdoor wan Mouøt $42.68 $36.71 Pdco V-MNT-IWM-GY Mount mr Spectra Dome Gray $83.06 $15.73 Rcb V-MNT -MRSOOOL CeßinglWaD MøûIorMouDt J9-21 In. S246..05 S21J.6Q 1 -_.--~----~-- ~... . -"'-~~-,' -' ..,~_-o.__ '1,."-_ '=~''''~'''''''''"'"'__''r --t-- ~__c-_ -. --_____..._-"--MIii m dr'f ~ SECURJTY ONE SYSTDIS.INC- ,0 ~, _ ~"I CD (' e c-f1¡)f\ SNAPS D PIUQ: UST /~ ~JCA1-J\ -WV-(WlJ1t. PÔ KD'i:.CI1VEDATE: nß9/2.G83 / ((o"rvhJwI' f~) . REGULAR SNAPS ./ M.yWFAC1'IJRER MODEL DECRIPTION PRICE PRICE / / V-CAM-WV-BPI44 CismeraII3 $122.50 $105.35 ;;anasonk Paoasonic V-CAM-WV-BP334 CamelaII3 $243.25 S20920 !~ V-CAM-WV-CP244 CalnemII3 S243.2S S209.20 ,-Panasonk V-CAM-WV-CP414 Camera-SDU DaylNigbt CoJor SS58.25 S480.10 ¡ Panasonic: V-CAM-WV-CW244F MiDi Dome Flush VariFocaf J...8mm SS51.25 1414.08 ¡ Panasonic V-CAM-WV-CW244S Miøi. Dome SurfiIœ VariFocaI3-8mm. $568.15 $489.12 \ PaDasoni V-CAM-WV-CW414F MiDi Dome Flusb Mounr Color VariFocaI $682.50 $586.95 \ c \. ~r. V-CAM-WV-CW414S MiDi Dome SurfiIa: Mount Color VariFocaI $700.00 $6(P-DO Pelco V-CAM-CCQI400A-KIT Color Cam % Standard R.ez CCD wlaudio NTSC S20ft73 $17262 PeIco V-CAM-ICS-loo.cR.V3A Surtàce Mount Color Smoke Dome High Res2.9JDm $565.92 $486.69 Pek:o V-CAM-ICS090-CA3 CamcJosure..SmoJœ Dome-Color-3mm std $194.25 $167.05 Peko V-CAM-ICS09O-CRV3A CamcJosun:...SmoJœd..c)mmlVari:tÐc:aI Hi Res $461.02 $396.48 PeJeo V-CAM-ICS09I-CA12 CamcJosure CIearColor 12mm StaDdard S220.96 $190.02 Pclco V-CAM-ICS091-CA3 Camclosare CJear Dome Color 3mm. Std Res $220.96 S19O.02 PeIco V-CAM-ICS091-CA8 Camclosdre Clear Dome Color Smm Std S194.25 SJ61.05 PeJeo V-CAM-1CS091-CR3 CamcIosure-CIear Dome 3mm Jr.-Res $259.00 S222-14 Pek:o V-cAM-ICS09J-CRV3A CallK:1osure HJ...Res Varifbca) S46 J.02 $396.48 Pe1co V-PTZ-SD53C22-Fl Flush Moœt Clear Dome 22X Color S2S08.42 $2)51.24 Pelco V-PTz.SI)S3CBW-FJ Flush Mount Claø' Dome 23X Co1orIB&:W $2908.57 $2SOJ .37 PeJco V-PIZ-SDS3CBW-FO Flush Mount Smoke Dome 23X CDJIB&W $190851 $2501.31 Pelco V-PTz..sDS3CBW-PGO Iudoor Pendant Mount SmoJœd Dame 23X Co1odB&W $3052.32 $2624.99 Pe1co V-PTZ-SD53CBW-PGl Jndoor Pc:Ðdaat Mount car Dome 23X CoIorfs.t:W S30S232 $2624.99 PeIco V-PTZ-SDS3CBW-PGEO Outdoor PendaøtMoum Smobd Dome 23XCoIor/BAW $313520 1269621 PeIco V-PTZ-SDS3CBW-PGB1 Outdoor Pcdda.4 MOUDt Clear Dome 23X Co1ar/B&W 53135.20 $2696.27 PeIœ V-PTZ-SDS3CBW-sMWO Surfaœ Mount Smoked Dome 23X CoJorIB&:W S2S81.24 $2225.02 Peko V-P'lZ..sD53CBW-SMWt SUrfàœ MDt. Clear Dome 23X CoIlBa:W $2587.24 $2225.02 Peko V-PTZ-SD53TC-FO Flush Mount SmoIœd Dome J 6X. Color 51849.26 $1 S90.36 Peko V-PTZ-5DS3TX-F] Sur1àœ Mount Clear Dome 16X Color $1849.26 $1590.36 PeIco V-PTZ-SDS3TC-PG-O IDdoor PeudentMouat ~ Dome 16X Color $1993.01 S1713.98 Pelco V-PTZ-sDS3TC-PG-1 Indoor.Pendant Mouat Clear Dome 16X Color $1993.01 S1113.98 PeIc:o V-PTZ-SDS3TC-PG-êO Outdoor Pendadt Mount Smoked Dome 16X Cot S2015.89 SI78S.26 PeIco V-P'fZ.8DS3TC-PG-El Outdoor PeIIdaøt Mount Clear Dome 16X. Color S2075.89 SI185.26 PeIco V-PTZ-SDS3TC-SMW-o Sudàce Mount SIIIObcI Dome 16X Color $]687.39 $1451.15 PeIco V-.P1Z-SDS3TC-SMW-1 Sudåœ Mount Clear dome 16X Color $1687.39 SI45US Puhüx V~AM-VJs-cAM-200 VIS Cmnenl SuhsysIem S6210.2S $5192.42 Sileøt w"dnc:Ss V-CAM-SWC23B-04 ~ Cob C8mera J 1-16vdc 3.6IJIm $411.25 $413.81 Si1eøt w"dDess V-cAM-SWX45-1043 Clear Dome DaylNiøbt CaIn HIR 4.3mm $525.00 S4SI,SO . Silent W"Itbess V-CAM-V60BCS-036 0uId00r HousiDg and CoIorCAM-E-1RlS $738.30 $635.1 J (V..crL) VIdeo CouIrOl . Ademco Group V-CTI.rADCD8TP Rapidvìew Code Disbibutor/Conv $311.88 $3J9JJl Ademc:o Omup V-CTL-AVBI6M64 VIM-16Inpu1sÎDID64 Outputs $2124.61 $2343.16 Adcøu:o Group V-CTL-AVBI6M8 VJM-16 Inputs into 8 0uIpuIs $856.6) . $136.68 Adenu:o Group V-CTI.-AVBI6TO 16 Video Output Module $3018.16 $2S9S.61 Admeco Group V-CIL-A VB422FT8 DalaPort~ SSS4.41 SS02.59 Ademco Group V-C11..-A VB4U Video BIox 4U Cbassis $112B.IO $fY1O.71 Ademco Group V-C11..-A VBSTO 16 Video Output Card wiIb T1IIes $1434.13 SI233.35 Ademco Group V-CTL-A VBCPU CPU CoøtroUer For VideoBIox-NTSC SI646.51 $1415.99 5 SECURITY ONE SYSTEMS. INC. SNAPS II PRICE LIST EFFECTIVE DATE: J 1/1912003 REGULAR SNAPS MANUFACTURER MODEL DECRlPTJON PRICE PRICE Ademco Group V-CTL-A VBPCKZ Video Blox Keyboard for Opeœtor Control $]411.67 $1214.04 Ademco Group V-CTL-A VBPIT422 PIT for Dome Control $581.75 $50031 KaIate] V -CTL-KID-348-324-C Matrix Switcher with Controller $1848.70 $1589.88 KaIatel V-CTL-K1D-405 Keyboard Controller $86450 $743.47 KaIatel V-CTL-KTD-460 Alarm Interface for Kalate) Matrix $232.75 $200.17 Kalatel V-e1L--KTD-463 Alarm Interface Chassis for KaIatel $731.50 $629.09 Kalatel V-C1L--KTD-4M-64X8 Digiplex IV Matrix Switch 64 Video Inputs $4830.00 $4153.80 Kalatel V-C1L-KTD-83-16 Data Signal Distribution $332.50 $185.95 Panasonic V-CTL-WJ-MP204C Data Mux for WJ-SX350 $490.00 $421.40 Panasonic V-C11--WJ-NT104 Network Interface Unit $2082.50 $1790.95 Panasonic V-CTL-WJ-NT204 Network Interface w/Streaming $5600.00 $4816.00 Panasonic V-C1L-WV-CU36OC Controller $612.50 $526.15 Panasonic V-CTL-WV-CU50 Controller for WJ-HD5oo Jœcorders $48125 $413.88 Pelro V-CTL-CM61DO-MXB2 Matrix Switcber 16f1. $1045.45 $899.09 Pe1co V-CTL-KBD4000 Genex Remote Controller $754.% $64921 Pelco V -CTL-LRD41C21-1 Legacy Receiver Driver $60736 $522.33 (V-DVRNCR) Video Recording Ademco Group V-DVR-ARM60N1000 16 Channel DVR-60ips-l000 Camera Days $818125 $7035.87 CenucoNirtual Acad V-DVR-CENVID DVR 8 Channel DVR 80GB $4900.00 $4214.00 KaJateI V-DVR-DVMRe-1OCT-160 Kalatel DVR 10 camera 160GB $5792.50 $4981.55 .KaJate1 V-DVR-DVMRe-1OCT-IT Kalatel DVR 10 Camera-1000GB $995820 $8564.05 Kalatel V-DVR-DVMRe-IOCT-40 Kalatel DVR 10 Camera 40G $4636.80 $3987.65 Kalatel V-DVR-DVMRe-IOCT-80 Kalatel DVR 10 Camera 80G .$5005.00 $4304.30 Kalatel V-DVR-DVMRe-l0EZfI60 KaIatel DVRez 10 Camera 160GB $4513.60 $3881.10 Kalatel V-DVR-DVMRe-l0EZTSO KaJateI DVRez 10 Camera 80GB $4103.40 $3528.92 Kalatel V-DVR-DVMRe-I6Cf-IT Kalatel DVR 16 Camera 1000GB .$9369.85 $80SS.07 KaJatel V-DVR-DVMRo-16cr-32OC Kalatel DVR 16 Camera 32OGB-w/comroller $8582.00 $1380.52 Ka1ate1 V-DVR-DVMRe-16CT-40 KalatelDVRI6Camera40G $6388.20 $5493.85 KaJate) V-DVR-DVMRe-16CT -640c Kalatel DVRe 640 - with Keyboard $12309.50 $10586.17 Kalatel V-DVR-DVMR.e-16CT-80 Kalatel DVR 16 Camera 80GB $6755.00 $580930 Kalatel V-DVR-DVMRe-I6eZT160 Kalatel DVRez 16 Camera 160GB $4620.42 $3973.56 Kalatel V-DVR-DVMRe-I6eZTl60AKalateI DVRez Camem 160GB-Audio $5136.25 $4417.17 Kalatel V-DVR-DVMRe-16EZT320 KaIate) DVRez 16 Camera 320Gig $5394.48 $463925 Kalatel V -DVR-DVMRe-4CT-160 KalateJ DVR4 Camera 160GB $4568.20 $3923.65 Kalatel V -DVR-DVMRe-4Cf-40 Ka1ate1 DVR 4 Camera 4GB $341320 $2935.35 Kalatel V-DVR-DVMRe-4EZTI60 Kalatel DVRez4 Camera l60G $3333.75 $2867.02 Kalatel V-DVR-DVMRe-4eZT80 4 Ch Color eZ DVR 80 Gig $219020 $2399.57 KalateJ V-DVR-DVMRe-10EZT320 Kalatel DVRez 10 Camera 320GB $5061.98 $4353.30 Kalatel V-DVR-DVMRe-4Cf640 DVR 4 Camera 640GB $6473.1 I $5566.87 Kalatel V-DVR-SDVRIO-I60 I OCT 160 GBCD-RW $4347.71 $3739.08 Kalatel V-DVR-SDVR-IOA-250 250GB 10 Channel Advanced $4880.75 $4197.45 Kalatel V-SDVR-JOA-16O 10 Channel Triplex CIr Advanced $5120.75 $4919.84 Kalatel V-SDVR-I0A-40 10 Channel Triplex CIr Advanced $4670.75 $4OJ6.85 Kalatel V-SDVR-IOA-80 10 Channel Triplex CIr Advanced $5195.75 $4468.34 KaIatel V-SDVR-4A-l60 4 O\annel Triplex Clr Advanced $4191.25 $3604.48 Kalatel V-SDVR-4A-40 4 Channel Triplex CIr Advanced $3141.25 $2701.48 Kalatel V-SDVR-4A-SO 4 Channel Triplex CIr Advanced $3666.25 $315298 Lenel Systems Int'I V-DVR-DVlooGB Additional 100GB $665.00 $511.90 Lenel SygeJ11S In1'l V-DVR-DVI20GB Additional 120GB Hard Drive $525.00 $451.50 Lenel Systems Int'l V-DVR-DV3-16-S Lene116 Channel DVR (Max 9 HD's) $]4525.00 $12491.50 Lenel Systems Int') V -DVR-DV3-32-S Lenel32 Channel DVR (Max 9 HD's) $20125.00 $17307.50 Lend Systems lat'l "-I)~-[)"S-16-S O¡pirnl Rff:orn¡>r 11\ rh~nT\Þl ~0'71 ') <;:1\ t'Ð'"tZ'~ ~~ ..;..<......._d'a"-~·_ .'_, . -- "",...-.--.:-/~,..."...~ .. _.~___~.........__""",,=_.,.._..._"~__h ,.--0->-.......-, -. VI.-CONSENT AGENDA ITEM H. 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 i:2J October 19, 2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 o November 16,2004 0 (Noon) September 7,2004 (Noon) November I, 20~ 0-i --- .--\-< .- 0 -C:o n j11 ~ 0 Administrative 0 Development Plans ¡--CD I ~'<.::::> NATURE OF i:2J Consent Agenda 0 New Business .c- ~:'~J-< -:z AGENDA ITEM 0 Public Hearing 0 Legal ~ ~:-:~-; . 0 :-=>z 0 Bids 0 Unfmíshed Business \.0 ~ro 0 0 ~ -fTl Announcement Presentation (Jþ ~ rr10 0 City Manager's Report ::r: RECOMMENDATION: Motion to approved the "MONTEREY BAY, A P.U.D." Record Plat, conditioned on the approval being the certification ofthe plat documents by H. David Kelley, Jr., (City Engineer and Surveyor & Mapper). EXPLANATION: The record plat review for this project commenced on May 11, 2004, to which the third and final review was completed on August 27,2004. Several plat preparation changes not withstanding, staff now recommends that the City Commission approved the plat as presented subject to fmal signatures by the City Engineer and Mayor. This record plat supercedes the former proposed development named "Westbrooke at Congress", and complies with the development order approved by the City Commission previously. 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 commences after the issuance of the LDP. FISCAL IMP ACT: None. ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in acceptable ::nn, and the c~tructi~ pI"", bave been appmved fn, pennitting.~ ~~ ~ e artment e s Slgnature Clty anager's SIgnature Public Works / Engineering Division Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A RIDGE I , \ \ --¡;.:: I I I 31 : BREEZES - - - · GULF STREAM S PLAT LOCATION ~'" -------- ---~--;..""'-_............~- .- - ----<-.~--._-- > -. ~'.-- ~~,,-_.~""'-"'~ .~- ,.~..'""'-~--_.. ~___8"_~""~..~ ""'~ 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 0 August 3, 2004 (Noon.) July 19, 2004 o October 5, 2004 (Noon) September 20, 2004 0 August 17, 2004 (Noon) August 2,2004 [J October 19, 2004 (Noon) October 4,2004 0 September 7, 2004 (Noon) August 16,2004 ~ November 3, 2004 (Noon) October 18,2004 0 September 21, 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November 1,2004 C) :~-=2 ':J-~ :::ï -< (:) -~<C 0 Administrative 0 Development Plans n ,;11 ~ --.-. crï 0 Consent Agenda 0 New Business \ ~·C) NATURE OF CO --< AGENDA ITEM 0 ~ -x Public Hearing Legal ' --' :: '"}o 0 Bids 0 UnfInished Business ::::"}:2: "'1 C) .,,!.:tJ 0 Announcement 0 Presentation -- __í-n r<> (;J:> 0 City Manager's Report C:J ;'qC) - ~ Vernessa Edwards & Vincent Mackev v. City of Bovnton Beach PLAINTIFF COUNSEL: Neil Anthony, Esq., William Price & Assoc., P.A. DEFENSE COUNSEL: Michael Burke, Esq., Johnson Anselmo Murdoch Burke Piper & McDuff, P.A. RECOMMENDATION: Motion to authorize Defense Counsel for fIle and serve Plaintiff with Pwposal for Settlement in the amount of $25,000.00. EXPLANATION: Mediation was conducted on October 4,2004, resulting in impasse. Please refer to correspondence fÌom Defense Counsel attached, outlining case and recommendation for Motion for Settlement. PROGRAM IMPACT: Litigation settlements and judgments of this nature are part of the ongoing responsibilities of the Risk Management Department. FISCAL IMP ACT: Settlement, if accepted, will be charged to the Risk Management Department budget expenses. ALTERNATIVES: Failure to authorize recommended pwposal may result in' bility to recoup legal expenses in litigation. iJ RISK MANAGEMENT Department Name CJMJClaimglJEdwardsV OI.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC LAW OFFICES JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & McDUFF, P.A. A PROFESSIOKAL ASSOCIA nON OCT 0 6 2004 SCOTT D. ALEXANDER, P.A. ROBERT E MURDOCH MICHAEL T. BURKE 't MICHAEL R. PIPER, P.A. . CAROLYN A. EGAN 2455 EAST SUNRISE BOULEVARD WILLIAM E. PLATOW ERIN E. GILL SUITE 1000 JEREMY A. SCHINDER FORT LAUDERDALE, FL 33304 JEFFREY L. HOCHMAN, P.A. DAVID M. SCHWEIGER, P.A. E. BRUCE JOHNSON' TAMARA M. SCRUDDERSt CARLOS F. MARTIN CHRISTOPHER L. SMITH RICHARD H. McDUFF, P.A. . TELEPHONE (954) 463-0100 TELECOPIER (954) 463-2444 RETIRED RONALD P. ANSELMO '" BOARD CERTIFIED CIYlL TRIAL L..fWYERS BURLF.GEORGE t BOARD CERTIFIED APPELLA TE L,WYERS October 5, 2004 Mr. Charles Magazine Risk Management City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Edwards/Mackey vs. City of Boynton Beach Our File No. 23-010 MTB Dear Mr. Magazine: The above-referenced matter is currently set for jury trial during the Court's six-week docket commencing January 3,2005 before Circuit Judge Arthur Wroble at the Palm Beach County Courthouse in West Palm Beach, Florida. The purpose of this letter is to request authorization to serve proposals for settlement in the total amount of $25,000.00. The reasons for this request are set forth below. On IVíay 14, 2002, Plaintiff, Vernessa Edwards, a 46 year old bus driver for the Palm Beach County School District, was arrested at her home by City of Boynton Beach Police Officer Chad Chaney. The arrest was affected in Mrs. Edwards' living room and because there was some resistance, Officer Chaney used O.C. spray and grabbed Mrs. Edwards' anns to hand-cuff her. The stated basis for the arrest was obstruction of justice arising from Mrs. Edwards' refusal to answer Officer Chaney's questions concerning a complaint phoned in by a neighbor named Patsy Berry. Essentially, Ms. Berry called the Boynton Beach Police Department to complain that she was receiving harassing telephone calls from Mrs. Edwards and that ten days earlier, Mrs. Edwards had taken her teenage daughter out of school without pennission to accompany Mrs. Edwards' son to a hearing at the Palm Beach County Courthouse. u,_. _ . ..~I .. ",_,;.--~---, _.-,.__-....._--~.~--- -'-'.~ _< ~__~_,;_.._,.-..._..r~__.~ .<_0_'_. +__ ., .- -__£~<_~'~___~r._"" Mr. Charles Magazine October 5, 2004 Page 2 Following the arrest, Mrs. Edwards was transported to the Boynton Beach Police Department for processing. At the station, Sgt. Lee Thompson recognized Mrs. Edwards and following additional investigation and a conversation with her, ascertained that the School allegedly involved in the incident was not located in Boynton Beach and that the teenage daughter had, in large part, recanted the claim which led to the call for service. Based on this additional investigation, Mrs. Edwards was "unarrested" and after being examined by paramedics to make sure she had recovered from the C.C. spray ând complaints involving her left lower extremity, she left the police station following a detention of approximately one and a half hours. In the days following the incident, Mrs. Edwards complained of neck, low back and leg pain. She came under the care of her regular medical doctor and was subsequently seen by a chiropractor. Ultimately, she came under the care of neurosurgeoN, Dr. Douglas Martin who, on August 26, 2002, perfonned an anterior fusion of her lower back at L5-S 1. As a result of the surgery and her subsequent convalescence, Mrs. Edwards missed approximately eight months of work. Mrs. Edwards' medical expenses are detailed on the attached bill summary and Mr. Mackey, Plaintiff, Edwards', husband, claims that he sustained a loss of his wife's consortium. The Boynton Beach Police Department subsequently investigated Mrs. Edwards' detention and found that the detention did not comport with departmental policies and Officer Chaney has been disciplined and provided with remedial training. I concur with the department's investigation and if the case is tried, I recommend that the City admit that Mrs. Edwards is entitled to some compensation for the detention. Finally, Mrs. Edwards claims that force used to affect her arrest aggravated a pre- existing low back condition and contributed to cause or hasten the surgery described above. At my request, Mrs. Edwards was examined by a board certified orthopedic surgeon who concluded that there were no injuries to the neck, back or left foot related to the May 14, 2002 incident. Instead, the examining physician detennined from a review of Mrs. Edwards' medical records that the surgery she had in August of 2002 was being discussed as early as October 2000, approximately one and a half years prior to the subject incident. I recommend that the City of Boynton Beach submit proposals for settlement to Mrs. Edwards and her husband in the total amount of $25,000.00. Mrs. Edwards would have thirty days to accept the proposal for settlement and, if accepted, it is my view that the payment of this amount would represent a reasonable settlement based upon the Mr. Charles Magazine October 5,2004 Page 3 compensation owed for the detention, the possibility that some of the subsequent low back treatment resulted from the incident and the substantial costs of trying the case. If the proposals for settlement are not timely accepted and if the judgment subsequently obtained by Mrs. Edwards and her husband is $20,000.00 or less, the City of Boynton Beach would probably be entitled to recover its attorneys' fees and costs incurred subsequent to the proposals for settlement. After you have had an opportunity to review the above, please advise if I am authorized to proceed as requested. ichael T. Burke For the Finn MTB/lt cc James Cherof, Esquire ---... -,,-~~~-- ~--- ~. -.-...., n-~_"" __.> ;- '-'~-'.-_ .-____>0< ...<---------4~<-< .--------~ ----.---,~".,,-- MEDICAL BILL SUMMARY VERNESSA.EDWARDS Our File No.: E63-7752 DOA: 05/14/02 TOTAL PROVIDER Delray Medical Center $1,722.00 Emergency Physicians Delray $419.00 Imaging Consultants of South Florida $163.00 Rudy Trejo, M.D. $240.00 Neighborhood Family Doctor Citadel Chiropractic Center $2,203.00 \ Diagnostic Testing Group $5,770.00 Med-Manage Group, Inc. $500.00 Bethesda Memorial Hospital $34,030.25 ') 815 South Seacrest Boulevard Jouglas F. Martin, M.D. $22,650.00 Micro Surgery, Inc. Mueller & Lopez-Viego, M.D., P.A. $22,350.00 Benjamin Saketkou, M.D. $50.00 Bethesda Memorial Hospital $1,707.70 10301 Hagen Ranch Road Bethesda Imaging $105.00 Anesthesia Associates, P.A. $2,790.00 Paragon Surgical Services $4,400.00 Jonathan M. Cutler, DPM $388.00 Western Comm Foot & Ankle Ctr. Concept Medical Diagnostic Center $1,448.00 TOTAL $100,935.95 PLEASE BE ADVISED: . LIENS: 0 United Healthcare of Florida, c/o Ingenix $61,487.34 0 Florida Combined Life Insurance $1412.26 , VI.-CONSENT AGENDA ITEM J. Ji1C-- _ ( ADDITIONAL WALK-ON ITEM VI. - CONSENT AGENDA ITEM J. Approve the "THE PLAZA AT BOYNTON" record Plat. Conditioned on the approval " being the certification of the plat j documents by H. David Kelley, Jr., (City Engineer and Surveyor & Mapper) 11-3-04 r , VI.-CONSENT AGENDA . ITEM J. CITY OF BOYNTON BEACH r' 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 August 3, 2004 (Noon.) Ju]y 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 ()Joon) October 4, 2004 c=J September 7,2004 (Noon) August 16,2004 r8J November 3, 2004 (Noon) October ]8, 2004 c=J September 21, 2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November], 2004 C) , ) .-) --f ~. u ::::;-< c=J 0 0 -<0 Administrative Development Plans n ---{ ,'--;-1 NATURE OF r8J Consent Agenda c=J New Business N ::n u,'o AGENDA ITEM c=J 0 C) - ~-;-< Public Hearing Legal ~--~." -,..- c=J c=J ,.::~ .) --f Bids Unfinished Business _....v____ ~ .~ - ~<~z c=J Announcement c=J Presentation - .. -'1 OJ c=J N -fT1 City Manager's Report 0, g:t..~ n ::c /" RECOMMENDATION: Motion to approve the "THE PLAZA AT BOYNTON" 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 (formerly known as BOYNTON COMMERCE CENTER PARCEL 3B) review for this project commenced on August 6, 2004, to which the second and fmal review was completed on September 21, 2004. Several plat preparation changes not withstanding, staff now recorrnnends that the City Commission approve the plat as presented subject to fmal signatures by the City Engineer and Mayor. This record plat supercedes the previous named plat noted above. The City Commission approved the site plan at their August 5, 2003 regular meeting and approved certain related abandonments at both their September 2,2003 regular meeting and their October 7,2003 regular meeting, in order to allow for this record plat in the Boynton Connnerce Center development. 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 Pemùt (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court ofPahn Beach County, Florida. Construction pemùtting connnences after the issuance of the LDP. FISCAL IMP ACT: None. ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in acoeptabletll, and Ih~Î cnn'T1ans bave been app,"ved fn, penni~..".,....,. \ Signature ity Manager's Signature /" Public W odes I Engineering Division Department Name City Attorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC · ,r L OCA nON PLAN (NOT TO SCALE) SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST JI LWOOLBRIGHT ROAD / '" g '" p ARea 1 < 0.. W ::J Z W > <1: (I) (I) w a:: ü z 0 () r- J ~GOLF II 1" XI. - NEW BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Fonn 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 C-;oon) September 20,2004 o August ]7,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August ]6,2004 [g November 3, 2004 (Noon) October 18,2004 o September 2],2004 (Noon) September 7, 2004 o November] 6, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda [g New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: A member of the City Commission has requested that a discussion be held regarding Suspended Animation, Inc. Accordingly, please place this item on the November 3, 2004 Agenda under New Business. EXPLANATION: In a letter dated June 6, 2004, the President of Suspended Animation, Inc. indicated that his Biomedical Research and Development company, specializing in cryobiological research, had signed a letter of intent to lease space in a facility on High Ridge Road in an M-1 zoned area, He further indicated that his company would be seeking an occupational license to conduct research and development activities at that site, The City's Planning Director confirmed, in a letter dated June 22, 2004, that the research and development activities described in the letter received from Suspended Animation, Inc. appeared to coincide with the list of approved uses in the M-1lndustrial Zoning District (Chapter 2, Section 8, A, 1., b., (11). The Zoning Code does not further specifically define research and development. Pursuant to the Zoning Verification letter, Suspended Animation, Inc. has applied for an Occupational license. However, in the absence of an inspection of the facility, no license has been issued to date. PROG~IIMPACT: N~ FISCAL IMPACT: N/A AL TERl"lA TIVES: ~ . . - . Üty Manag«', S;gnanue Department of Development City Attorney / Finance / Human Resources S:\BULLETlNiFORMS\AGENDA ITEM REQUEST FORM.DOC . ... ... . The City of Boynton Beach ~ DEVELOPMENTDEPA~ENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, RorIda 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org June 22, 2004 David L. Shumaker President and CEO Suspended Animation, Inc. C/o Susan DeLegal Holland & Knight LLP One E. Broward Blvd., Ste 1300 Ft. Lauderdale, FL 33301 Dear Ms. DeLegal: Subject: Request for zoning approval for Biomedical Research and Development in M-1 The description of the operation proposed by Suspended Animation, Inc., as documented in Mr. Shumaker's letter dated June 6, 2004, has been reviewed and found to coincide with the list of approved uses for the City's M-1, Industrial Zoning District. This letter will be kept on file as a description of the originally intended, principal use, which is to be research and development involving cryobiological science. Please note that this review and approval is with the understanding that storage and/or preservation of bodies or parts thereof will remain principally for research purposes rather than for service purposes. Please contact me should you have any questions or need further assistance with establishing your business in Boynton Beach. Sincerely, W~ Michael W. Rumpf Planning and Zoning Director Cc: Occupational License MWR:pt S:\Plannlng\SHARED\WP\CORRESP\Corresp M thru Z\Suspended Animation, Inc. DL Shumaker 6-22-04.rtf ,-",".- -"'---~ --,-<. ~._, __. ___."_"o'--;õ.>_~-~__..~.....>. __F .--," ----.~,..<....,."."'-+< -- _.._-~-- ~...----~_. ----. ~ ,c~ ~. SUSPENDED ANIMATION, INC. City of Boynton Beach June 6, 2004 Planning and Zoning Division 100 E. Boynton Beach Boulevard Post Office Box 310 Boynton Beach, FL 33425-0310 Attn: Michael W. Rumpf, Director Dear Mr. Rumpf: Suspended Animation (SA) is a Biomedical Research and Development company. SA has signed a letter of intent to lease approximately 7450 sq. ft. of space in a facility at 3020 High Ridge Road, Boynton Beach, FL. SA will be seeking an occupational license to conduct research and development activities at this location. The location is zonedM-l,. and SA's activities are consistent with the M-l zoning regulations. A review of the permitted uses in the M-l District reveals that research and development laboratories, commercial testing laboratories, medical and dental laboratories, and manufacturing of medical instruments and precision instruments are permitted. . The following description of the use to be made by SA demonstrates that the use falls within the bounds of these specifically permitted uses. SA is a small biomedical research and development company specializing in CIyobiological research. Its primary research goal is the development and demonstration of equipment, processes and phatmacological agents to provide reversible long term storage of tissue, organs, and organisms using a cold temperature technique called vitrification. This long term research effort is funded by the Life Extension Foundation, of Ft. Lauderdale, a not-for-profit institute. The effort will continue for 20-40 years. The research focuses on mitigation of ischemic dstm~e at the cellular level and tissue stabilization at low temperature. SA expects that over a period of 20-40 years it will develop many cryopreservation processes and equipments, will demonstrate them, and· will license those developments to firms performing cryopreservation of tissue, organs, and organisms' (including corneas, bone, organs, embryos, etc.). SA also occasionally fabricates specialized one-of-a-kind research equipment copies of its· own systems and support equipments for other organizations and trains those organizations in the use of the equipment. SA performs laboratory research at the tissue, organ and organism level using tissue cultures, Langendorff organ perfusion equipment, laboratory rats, pound eutbani7.ed anima1s (which were previously euthanized for animal control purposes and would "\ . otherwise be disposed of in landfills), and human cadaveric tissue. All human tissues used in SA's research and development are made available through the Uniform Anatomical Gift act and are obtained through the Florida Anatomical Board located at the University of Florida School of Medicine. The Anatomical Board qdministers all research uses of human remains in Florida for the Florida Department of Health in accordance with Sections 406.50 through 406.61, Florida Statutes. SA's initial ischemia research will be performed using the facilities of Florida Atlantic University. SA is in the final negotiations for an ischemia research program to be conducted jointly with the Florida Atlantic University under a SA grant to FAU. The effort will then be followed by continued effort at FAU and at SA's facilities as those facilities become available. SA does not maintain research animal colonies at its facilities but purchases and uses small numbers of research rats on an experiment-by-experiment basis. All research is conducted in accordance with applicable USDA and Florida regulations. SA does not produce biological materials of any kind. Hazardous Materials Mixtures of cryoprotective drugs will be tested for efficacy in preserving tissue, organs and organisms at low temperatures. Primary compounds of interest are Dimethylsulfoxide (DMSO), glycerol, Formamide and glycols (particularly ethyl glycol). Estimated total utilization of all such compounds is 10 gallons per month to be stored in 30 gallon steel drums and disposed of in accordance with all local, state and federal guidelines. In accordance with Chapter 64E, Florida Administrative Code, and other appropriate state and federal regulations, bio~us materials consisting of sharps (needles, scalpel blades, etc.), blood and tissue, fluid soiled disposable materials, and animal remains will be disposed through a state licensed and bonded facility authorized to haul and incinerate biohazardous wastes in accordance with Chapter 64E and other applicable regulations. Chemical wastes such as solvents, formalin, and other small quantities of laboratory ·chemicals will be hauled away iÌ'om the SA facility and disposed of under contract with a state licensed and bonded chemical waste disposal company. Sewage System Discharge: Water containing common household cleaners and detergents and modest amounts of physiologic perfusate used to evaluate organs for viability following preservation procedures will be discharged into the sewer. These physiological perfusates typically contain a combination of small quantities (a few milligrams to grams per liter) of the following innocuous chemicals: Sodium Chloride ...... ....~>'"'-'--_., ~-_..--.- .._~.~--~~.-~"- >. -~~ ~. " ~. . Potassium Chloride Glucose Fructose Mannitol Ribose Adenine Dextran 40 & 75 (fully biodegradable polymers of Glucose) Magnesium Chloride and Magnesium Sulfate Calcium Chloride Hydroxylated Com Starch Sodium Bicarbonate Pharmaceutical Grade Water These solutions are nontoxic, contain the same chemicals commonly found in foodstuffs, and typically are not regarded as hazardous materials. It is estimated that approximately 50 gallons per year of these solutions will be properly discarded. We wish to point out that SA is a research and development company, not a manufacturing facility, and thus the quantities of chemical and biological wastes generated will be minuscule compared to a health care, medical laboratory, pharmaceutical manufacturing, or production facility. ~g) David L. Shumaker --- President and CEO Suspended Animation, Inc. c/o Susan DeLegal Holland & Knight LLP one E. Broward Boulevard Suite 1300 Fort Lauderdale, Florida 33301 (954) 468-7891 (phone) (954) 463-2030 (Fax) XII. - LEGAL ITEM A.I 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 4, 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 [8] November 3, 2004 (Noon) October 18,2004 c=J September 2 I, 2004 (Noon) September 7, 2004 c=J November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans ~, NATURE OF 0 Consent Agenda c=J New Business C:1 n=4 ¡-~-- :::::¡-< AGENDA ITEM 0 Public Hearing [8] Legal c::> -<8 0 0 Bids c=J UnfInished Business -f c; -r¡ N ~=:::D c=J Announcement c=J Presentation 0 '(=J .:-.-:-< .--.... .-:~- 0 City Manager's Report -ry ."-- "_.") --J -~::..... 0 ~j , .~~ ::z ",1 .. h"OJ ..- rr¡ RECOMMENDATION: Please place this request on the November 3,2004 City Commission Agenda ~er Ii~, Ordinance - Second Reading. The City Commission postponed the subject request on October 19,2004. For further detå!"M pertaining to the request, see attached Department of Development Memorandwn 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 1/4 mile north of Gulfstream Boulevard DESCRIPTION: Request for annexation of9.99 acres ofpartialIy developed parcels located in unincorporated Palm Beach County. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Developm ent Director City Manager's Signature ~ -~ ~ ~1ì;6 ./ Planning and Zonin irector City ittorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\ ulfstream Gardens\ANEX 04-003\Agenda Item Request Gulfstream ANEX 04-003 pubhc heanng.2nd readmg 11- 3-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I i I ORDINANCE NO. 04- 080 1 'I 2 3 I AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 9.99* ACRES OF 5 PARTIALLY DEVELOPED PARCELS OF LAND 6 THA T IS CONTIGUOUS TO THE CITY LIl\UTS 7 \VITHIN PALM BEACH COUNTY AND THAT 8 \VILL, UPON ANNEXATION, CONSTITUTE A 9 REASONABLY COMPACT ADDITION TO THE 10 CITY TERRITORY; PROVIDING THAT THE 11 PROPER LAND USE DESIGNATION AND PROPER 12 ZONING OF THE PROPERTY SHALL BE 13 REFLECTED IN SEPARATE ORDINANCES TO BE 14 PASSED SIMUL TANEOUSL Y HERE\VITH; 15 PROVIDING FOR CONFLICTS, SEVERABILITY, 16 CODIFICATION AND AN EFFECTIVE DA TE; 17 PROVIDING THAT THIS ORDINANCE SHALL BE 18 FILED 'VITH THE CLERK OF THE CIRCUIT 19 COURT OF PALM BEACH COUNTY, FLORIDA, i 20 UPON ADOPTION. 21 ¡ I I 22 'VHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the I 23 development of an Annexation Program; and 24 \VHEREAS, The owners, by and through their agent, Bradley Miller, Miller 25 Land Planning Consultants, Inc., of the property more particularly described hereinafter, 26 has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code 27 of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain 28 tract of land consisting of approximately 4.120 acres; and 29 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 30 following tract of land as hereinafter described, in accordance with Article I, Section 7 31 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; 32 and 33 34 *Scrivenor's error. Actual acreage is 4.120 acres. S:\CA\Ordinances\Planning\Annexations\Annexation - Gulfstream.doc -----------~~~,-- ~-' ~ ,.",,-_..~,-'- ._,~y~__v~_. ,n._ ->~--~_. -".. -"'>-~'-'..,,-~-.---,--. --'-¡.----. -"'~----._-'-'-- ¡ 1 \VHEREAS, said tract of land lying and being within Palm Beach County is 2 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 3 annexation, constitute a reasonably compact addition to the City territory. 4 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 5 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section 1. That each and every Whereas clause is true and correct. 7 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 8 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described 9 unincorporated and contiguous tract of land situated and lying and being in the County 10 of Palm Beach, Florida, to wit: 11 See attached Exhibit "A" 12 13 CONTAINING APPROXllvfATELY 4.120 ACRES OF LAND 14 15 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall 16 be and become part of the City with the same force and effect as though the same had 17 been originally incorporated in the territorial boundaries thereof. 18 Section3 : That Section 6 and 6( a) of the Charter of the City of Boynton Beach, 19 lorida, is hereby amended to reflect the annexation of said tract of land more particularly 20 escribed in Section 1 of this Ordinance. 21 Section 4: That by Ordinances adopted simultaneously herewith, the proper City 22 oning designation and Land Use category is being determined as contemplated in Section 23 71.162(2), Florida Statutes. 24 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby 25 pealed. 26 Section 6: Should any section or provision of this Ordinance or any portion thereof S:\CA\Ordinances\Planning\Annexations\Annexation - Gulfstream.doc I ¡ 1 I ~e declared by a court of competeut j misdiction to be invalid, such decis ion shall not a/Tect I he 2 remainder of this Ordinance. 3 Section 7: This Ordinance shaH not be passed until the same has been advertised 4 or two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 5 each, Florida, as required by the City Charter and Section 171.044, Horida Statutes. 6 Section 8. This ordinance shan become effective immediately upon passage. 7 Section 9. Specific authority is hereby given to codify this Ordinance. 8 Section 10. This ordinance, after adoption, shall be filed with the Clerk of the 9 Circuit Court of Palm Beach County, Horida. 10 FIRST READING this dav of ,2004. -- II SECOND, FINAL READING and PASSAGE this _ day of ,2004. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor 16 17 18 Vice Mayor 19 20 21 Commissioner 22 I 23 24 Commissioner 25 26 ATTEST: 27 Commissioner 28 29 City Clerk 30 31 S:\CA\Ordinances\Planning\Annexations\Annexation ~ Gulfstream.doc --._~-~~- . . - 0-__< ~--"--=-""''-----'-~ ~ . ~,_.-.-.~---. ---- .....""<----"'=-""~~------'"'--~-- +- ->..............~'*" LAND DESCRIPTION AREA TO BE ANNEXED INTO THE CITY OF BOYNTON BEACH 00-43-46-04-17 -000-0460 TRACT 46, TRADE WINDS ESTATES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 21, PAGE 73 TOGETHER WITH (00-43-46-04-17-002-0040): COMMENCING AT THE SE CORNER OF TRACT 47, AS SHOWN ON THE PLAT OF TRADE WINDS ESTATES (PLAT BOOK 21, PAGE 73, PALM BEACH COUNTY PUBLIC RECORDS) RUN NORTHERLY ALONG THE EAST LINE OF SAID TRACT 47, A DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; FROM THE POINT OF BEGINNING, THENCE RUN EASTERLY PARALLEL TO THE NORTH LINE OF TRACT 51 OF THE SAID TRADE WINDS ESTATES, A DISTANCE OF 100 FEET, TO A POINT; THENCE RUN SOUTHERLY, PARALLEL TO THE EAST LINE OF THE SAID TRACT 47, A DISTANCE OF 15 FEET, TO A POINT IN THE NORTH LINE OF THE SAID TRACT 51; THENCE RUN EASTERL Y ALONG THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 186.77 FEET TO A POINT; THENCE RUN NORTHERLY, AT AN ANGLE OF 10r37' (TURNED FROM WEST TO NORTH) WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 200 FEET, TO A POINT; THENCE RUN WESTERLY, PARALLEL WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 316.39 FEET TO THE NORTHEAST CORNER OF TRACT 46 OF THE SAID TRADE WINDS ESTATES; THENCE RUN SOUTHERLY A DISTANCE OF 177.70 FEET TO THE POINT OF BEGINNING. TOGETHER WITH (00-43-46-04-00-002-0050): COMMENCE AT THE SOUTHEAST CORNER OF TRACT 47 AS SHOWN ON THE AMENDED PLAT OF "TRADEWINDS ESTATES" AS RECORDED IN PLAT BOOK 21, PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR A POINT OF BEGINNING; THENCE EAST ALONG THE NORTH LINE OF SAID "TRADEWINDS ESTATES", A DISTANCE OF 100 FEET TO A POINT; THENCE NORTHEASTERLY ALONG A LINE PARALLEL TO THE EASTERLY LINE OF TRACT 47 OF SAID "TRADEWINDS ESTATES" A DISTANCE OF 15 FEET TO A POINT; THENC WEST ON A LINE PARALLEL TO THE NORTH LINE OF TRACT 51 OF SAID "TRADEWINDS ESTATES", A DISTANCE OF 100 FEET. MORE OR LESS, TO A POINT ON THE EASTERL Y LINE OF TRACT 47; THENCE SOUTHERLY ALONG THE EAST LINE OF TRACT 47, A DISTANCE OF 15 FEET, MORE OR LESS TO THE POINT OF BEGINNING. TOGETHER WITH (00-43-46-04-17-000-0520): LOT 52, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN 1 AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH (00-43-46-04-00-002-0030): START AT THE SOUTHWEST CORNER OF SAID LOT 52, TRADE WINDS ESTATES, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEROF ON FILE IN THE OFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; THENCE RUN EASTERLY 484.20 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE SOUTHERLY 100 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE WESTERL Y PARALLEL TO THE NORTH BOUNDARY ABOVE DESCRIBED TO THE NORTHEAST CORNER OF LOT 46, TRADE WINDS ESTATES; THENCE NORTHERL Y 96.43 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SAID LANDS CONTAINING A CALCULATED NET AREA OF 179,548 SQUARE FEET (4.120 ACRES), MORE OR LESS. LAND DESCRIPTION PREPARED BY: SHAH, DROTOS & ASSOCIATES, P.A. 3410 N. ANDREWS AVENUE EXT POMPANO BEACH, FLORIDA 33064 PREPARED BY: MDR CHECKED BY: MDR PROJECT NO: 03-0669A.OO OCTOBER 07, 2004 2 .A____y___~~ - _ _Õ-".A..__..._. .,. ._~"..--~-. ~ "..--. -".---- --~~'=...-~---~-..-.,-~=---<t--~ .-.~-- ----...~ .---.>-,-.-.~-,-,.;.... -.-"" LAND DESCRIPTION AREA TO BE ANNEXED INTO THE CITY OF BOYNTON BEACH 00~43-46~04-17 -OOO~0460 TRACT 46, TRADE WINDS ESTATES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 21, PAGE 73 TOGETHER WITH (00-43-46-04-17 -002~0040): COMMENCING AT THE SE CORNER OF TRACT 47, AS SHOWN ON THE PLAT OF TRADE WINDS ESTATES (PLAT BOOK 21, PAGE 73, PALM BEACH COUNTY PUBLIC RECORDS) RUN NORTHERL Y ALONG THE EAST LINE OF SAID TRACT 47, A DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; FROM THE POINT OF BEGINNING, THENCE RUN EASTERL Y PARALLEL TO THE NORTH LINE OF TRACT 51 OF THE SAID TRADE WINDS ESTATES, A DISTANCE OF 100 FEET, TO A POINT; THENCE RUN SOUTHERL Y, PARALLEL TO THE EAST LINE OF THE SAID TRACT 47, A DISTANCE OF 15 FEET, TO A POINT IN THE NORTH LINE OF THE SAID TRACT 51; THENCE RUN EASTERLY ALONG THE NORTH LINE OF THE SAID TRACT 51. A DISTANCE OF 186.77 FEET TO A POINT; THENCE RUN NORTHERL Y, AT AN ANGLE OF 10¡O37' (TURNED FROM WEST TO NORTH) WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 200 FEET, TO A POINT; THENCE RUN WESTERLY, PARALLEL WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 316.39 FEET TO THE NORTHEAST CORNER OF TRACT 46 OF THE SAID TRADE WINDS ESTATES; THENCE RUN SOUTHERLY A DISTANCE OF 177.70 FEET TO THE POINT OF BEGINNING. TOGETHER WITH (00-43-46-04-00~002~0050): COMMENCE AT THE SOUTHEAST CORNER OF TRACT 47 AS SHOWN ON THE AMENDED PLAT OF "TRADEWINDS ESTATES" AS RECORDED IN PLAT BOOK 21, PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR A POINT OF BEGINNING; THENCE EAST ALONG THE NORTH LINE OF SAID 'TRADEWINDS ESTATES", A DISTANCE OF 100 FEET TO A POINT; THENCE NORTHEASTERL Y ALONG A LINE PARALLEL TO THE EASTERLY LINE OF TRACT 47 OF SAID "TRADEWINDS ESTATES" A DISTANCE OF 15 FEET TO A POINT; THENC WEST ON A LINE PARALLEL TO THE NORTH LINE OF TRACT 51 OF SAID "TRADEWINDS ESTATES", A DISTANCE OF 100 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY LINE OF TRACT 47; THENCE SOUTHERL Y ALONG THE EAST LINE OF TRACT 47, A DISTANCE OF 15 FEET, MORE OR LESS TO THE POINT OF BEGINNING. TOGETHER WITH (00-43-46-04-17-000-0520): LOT 52, AMENDED PLAT OF TRADE WINDS EST A TES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN 1 AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH (00-43-46-04-00-002-0030): START AT THE SOUTHWEST CORNER OF SAID LOT 52, TRADE WINDS ESTATES, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEROF ON FILE IN THE OFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; THENCE RUN EASTERLY 484.20 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE SOUTHERLY 100 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE WESTERL Y PARALLEL TO THE NORTH BOUNDARY ABOVE DESCRIBED TO THE NORTHEAST CORNER OF LOT 46, TRADE WINDS ESTATES; THENCE NORTHERL Y 96.43 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SAID LANDS CO NT AINING A CALCULATED NET AREA OF 179,548 SQUARE FEET (4.120 ACRES), MORE OR LESS. LAND DESCRIPTION PREPARED BY: SHAH, DROTOS & ASSOCIATES, P.A. 3410 N. ANDREWS AVENUE EXT POMPANO BEACH, FLORIDA 33064 PREPARED BY: MDR CHECKED BY: MDR PROJECT NO: 03-0669A.00 OCTOBER 07, 2004 2 --~ ..,.. =""''''''~'-~_. ~-- . ~----._.....~----,-,,_.. ~ > ",0___ "_ .-'__'""__..--____ <--><___'_<H- --~ "",...--,""",-,,, DEVELOPMENT DEPARTMENT 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 - PROJECT NAME/NUMBER: Gulfstream Gardens (ANEX 0+003-LUAR 04-(04) REQUESrS: · Annex a 4.8-aae portion of the property consisting of 9.99 acres; · Amend the future land use designation from CHIS (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 (Oty 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, m Applicant! Agent: Gulfstream Gardens, LLC/Bradley Miller, Miller Land Planning Consultants, Inc. location: west side of Federal Highway, approximately 14 mile north of Gulfstream Boulevard (Exhlblt"A") Parcel Size: 9.99 acres ExIsting Land Use: Commercial Hlgh/S (Palm Beach County); General Commercial and Local Retail Commerdal (Boynton Beach) Page 2 Rle Number: LUAR 04-004 Gulfstream Gardens ExIsting Zoning: CG Commercial General (Palm Beach County); C-4 General Commerdal 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- Commercfal 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 commerdal 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. The requested annexation and land use amendment Is consistent with the Comprehensive Plan, and in particular with polides 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 dty, both fiscally and esthetically; 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the CIty, 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. < ,~. ~__-<~_~ ...""'..>_>-.- ->-'0.<' --,- Ã___._ _>-___,..,....~~_~O_<___'__.__ .~ _>nO' Page 3 Rle Number: LUAR 04-004 Gulfstream Gardens BACKGROUND When the Comprehensive Plan was adopted In 1989, the Oty Induded 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 aty, 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 retafl-ortented corridor, consistent with the land use designations and zoning categories assigned by both the Oty and Palm Beach County and In effect at that time. For example, the "Problems and OpportunltiesR 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 Clty's Comprehensive Plan through the establishment of the Special High Density Residential dasslficatlon, 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 Cub) 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 City's tax base. The remaining viable nelghborhood-servlng 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 dasslficatlon 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 glãphlcs and tabular data, but are not so specific as to desa1be 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 drculatlon and Infrastructure sources and needs. , Page 4 Rle Number: LUAR 04-004 Gulfstream Gardens staff has determined that the layout of the buildings, the proposed recreation amenities, the internal drculatlon and the allocation of parking are in a configuration that aeates a pedesb1an- fliendly 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 reaeatlon 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 Rorlda Department of Community Affairs dassifies this amendment as a "small scale" amendment. A "'small-scale" amendment Is adopted prior to forwarding to the Rorfda 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: Rezonlngs. These criteria are required to be part of a staff analysis when the proposed change Indudes 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) a1terfa by which land use amendments and rezonlngs 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 polIcies Indudlng but not Hmlted to, a prohibition against any In~se In dwelling unit density exceeding 50 In the hunfcane evacuation zone without written approval of the Palm Beach County Emsgency PlannIng DIvIsIon and the C1ty's risk manager. The plannIng department shall also recommend limitations or ___".__~,,"o,,___ c<-,-.____ ~~~----, ~,,-..........,..,. Page 5 Ale Number: LUAR 04-004 Gulfstream Gardens requIrements, which would have to be Imposed on subsequent development of the properly, In order to cofT!ply with pol/des 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 staffs recommendation that the developer provide a mechanism to disseminate continuing Information to residents concerning hunicane evacuation and shelter locations through the homeowners' or residents' association that wfll 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 development was fadlltated by the Clty's Comprèhenslve Plan through the estabUshment of the SpecIal High Density Residential dasslficatlon, 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 polldes In the Comprehensive Plan: "Policy 1.17.1 7ñe aty shall continue to discourage additional commerdal and Industrial uses beyond those which are CUJTef1t1y shown on the Future l.ßnd Use Map, except where access Is greatest and Impacts on residential/and uses are least"; and "Policy 1.19.7 7ñe aty shall continue to change the land use and zoning to pennit only residential or other non-commerdal uses In areas where the demand for commercial uses will not increase, partlallany In the Coastal Area. K The subject property is located In Planning Area V (Enbãnœs to the City) In the Federal Highway Corridor Communitv Redevelooment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area Indude the following: "Encourage a vañety 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. IF (po 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 aty.IF (p. 81) In concert with the recommendations cited, the residential density of the proposed development, and elimination of "slripIF commercial areas In this vicinity will help support the downtown commercial core, as well as recognized commercial nodes In the conidor. 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 bundings. Page 6 Rle 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 dIstrict unrelated to adjacent and nearby dIstricts, or would constitute a grant of spedal privilege to an Indivtdual 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 dulac (Colonial aub) 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 Oty'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. otten 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 fadlities. 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 greatiy 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 mmmercial 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 capadly (based on 105 gallons per capita per day.) These estimates do not consider the demands from residents of the mobile home pari<, currently located on the property. In estimating potential traffic generation under the commercial designation, the applicant used 0.35 FAR, and projects a maximum dally traffic generation of 5,211 trips, compared to 1,393 maximum bips per day, If developed with 199 dwelling units. Under the Palm Beach County Traffic Perfonnanœ Standards Ordinance, residential projects located east of 1-95 are exempt from meeting level of Service Standards of the Ordinance. <,_.... _~__,_."--_-.<O<--'___"'!"-" _____ _____u__~_~~"""_____ --. -- _._.~~-,¥-;>,-- Page 7 Rle 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 schoof 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 to-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 compaäble 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 exlsäng 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 Oty, the Palm Beach County zoning must be changed to a aty 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 Comm~nity Commercfal 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 commerdal tract of almost 10 aaes 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 conidor to the CIty and will also support the current trend toward greater residential uses In this area, economic revitalization, and downtown redevelopment. Page 8 Rle Number: LUAR 04-{)()4 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 Resldent/alland use designation In Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ac are pennltted In the Federal Highway corridor to encourage Infill development and redevelopment. There are a limited number of sites elsewhere In the city where residential development could occur at a density of 10.8 dufac¡ 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/RECOMMENDAnONS As Indicated herein, this request Is consistent with the Intent of the COmprehensive Plan; will not aeate 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 City. 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 aty Commission, they will be Induded as exhibit "B". ATTACHMENTS S:\PIaMIng\SHARED\WP\PROJECTS\Gull'stn!am Gardens\WAR 04-004\ST"Aff REPORT NEW.doc _ _~.___._.__._",."....._......_,__ ...¡.;o~~,-~:-~-....<,. ,. ._~ __~_~ ___~~o,_"" _ _.__._~_""->~.__..,.__o-,>,_._'. -. -- -, ""~~~-'-'~~-'-'--~' GULFSTREAM GARDENS LOCATION MAP ~ Z III i< .... Q Q ... 0 Z - N LEGEND W+. W"/M Annexation Area Amendment Area o 35 70 140 210 28Peet -- LRC . Local Retail Commercial GC . General Commercial --' - .- ~ I ~ I l~ JJ -I j . IIIII1 "y '\pD99 uo¡uAov ~ Ie I,~ If 1,Ii la 2¡ . ~~mH ~i! lihlllihl¡!1i! I SUapJOÐ woaJ¡S nÐ t I I I II f , 1- , ; ! ~ .~ -: · S I 0 11 ~!!~a ~ ~ II J I ~5 .-""_ !; t == J fn !!~! ) .i. !t ~ I il~î:: 11!~J I C ~ J .·nr I .'ii I ïf5 J II II In I f II ..!f II. U .. I ,j ... I I II I ~ " . II n ä, i 1"1 .,. f.t I H!f I . - -- ~ -= .lSÞco ~ J - =-= M:7No'J:,l - - ~ j. ~- .<~'- ~ ----..;;"-~-.._~.., XII. - LEGAL ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting: Dates in to City CJerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19, 2004 o October 4, 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 ~ November 3, 2004 (Noon) October 18,2004 0 September 2] , 2004 (Noon) September 7, 2004 o November J 6,2004 (Noon) November 1,2004 0 Adnúnistrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ß] Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report ç~ C) C)="i .¡~.. :::¡-< RECOMMENDATION: Please place this request on the November 3,2004 City Commission Agenda un£IèÌ -''''::0 Legal, Ordinance - Second Reading. The City Commission postponed this request on October 19, 2004. For furtherdetai~--11 pertaining to the request, see attached Department of Development Memorandum No. PZ 04-219. F'.) ~ ___'____J C) ','0 ...J--.-' -ry ~ f~Z '~') -¡ -.-::..., ':::J s.? f',.) "'1'''- T=_;¡QJ EXPLANATION: ~ ;:?~ C-, PROJECT: Gulfstream Gardens (LUAR 04-004) j "0 :r: AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. OWNER: Multiple Ownership LOCATION: West side of Federal Highway, approximately I 14 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. Proposed use: Multi-family residential development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ City Manager's Signature ¡t¿,L Planning and Zoning ctor Ci Attorney 1 Finance 1 Human Resources S:\PJanning\SHARED\ WP\PROJECTS\Gu tream Gardens\LUAR 04-004\Agenda Item Request Gulfstream LUAR 04-004 Amend 2nd reading 11-3- 04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 0 B t 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA A1vIENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN FOR 7 A 9.99 ACRE PARCEL; THE LAND USE 8 DESIGNATION IS BEING CHANGED FROM 9 COMMERCIAL HIGH INTENSITY, GENERAL 10 COMMERCIAL AND LOCAL RETAIL 11 COMMERCIAL TO SPECIAL HIGH DENSITY 12 RESIDENTIAL; PROVIDING FOR CONFLICTS, 13 SEVERABILITY, AND AN EFFECTIVE DATE. 14 15 \VHEREAS, the City Commission ofthe City of Boynton Beach, Florida has 16 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 17 Use Element by Ordinance No. 89-38 in accordance with the Local Government 18 Comprehensive Planning Act; and 19 \VHEREAS, the procedure for amendment of a Future Land Use Element of a 20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 21 and 22 \VHEREAS, after public hearing and study, the City Commission deems it in 23 the best interest of the inhabitants of said City to amend the aforesaid Element of the 24 Comprehensive Plan as adopted by the City herein. 25 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1: The foregoing WHEREAS clauses are true and correct and 28 incorporated herein by this reference. 29 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 30 following: S;\CA\Ordinances\planníng\Lar.d Use\Gulfstream GardenS.doc "_" __0 '~____~'~_""""""_b .........'" -~-----~ .- --~ -.- ----_~ -"_.__._~.----- ";;"'_«o.. .l--_~__ 1 That the Future Land Use ofthe following described land shall be designated as 2 Special High Density Residential (SHDR). Said land is more particularly described as 3 follows: 4 See legal description attached hereto as Exhibit "A". 5 6 7 Subject to easements, restrictions, reservation and rights of way of record. 8 9 Said lands situate, lying and being in Palm Beach County, Florida. 10 11 Section 3: That any maps adopted in accordance with the Future Land Use Element 12 shall be amended accordingly. 13 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 14 repealed. 15 Section 5: Should any section or provision of this Ordinance or any portion thereof 16 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 17 the remainder of this Ordinance. 18 Section 6: This Ordinance shall take effect on adoption, subject to the review, 19 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 20 Planning and Land Development Regulation Act. No party shall be vested of any right by 21 virtue of the adoption of this Ordinance until all statutory required review is complete and 22 all legal challenges, including appeals, are exhausted. In the event that the effective date is 23 established by state law or special act, the provisions of state act shall control. 24 25 FIRST READING this L day of OeTober ,2004. 26 S:\CA\Ordinances\Planning\Land Use\Gulfstream Gardens.doc 1 2 SECOND, FINAL READING and PASSAGE this _ day of , 3 2004. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 S:\CA\Ordinances\PlanniTIg\Land Use\Gulfstream Gardens.ÒOC - - -_.__._---.~~--......--- ~ .. ,.-.¡ -" -.. _.....-.-..~_.~ ._~,_~,_.__ _,_Ok_< .-.-_~~_·~o~.-.c.~·~.___._ _ _-<o-__~___ Exhibit "A" GULFSTREAM GARDENS LAND DESCRIPTION (AREA TO BE ANNEXED) THE SOUTH 200 FEET (AS MEASURED ALONG THE EAST LINE) OF THE WEST 150 FEET (AS MEASURED ALONG THE SOUTH LINE) OF THE EAST 167.83 FEET (AS MEASURED ALONG THE SOUTH LINE) OF TRACT A, AS SHOWN BY THE AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: START AT THE SOUTHWEST CORNER OF LOT 52, TRADE WINDS ESTATES, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEROF ON FILE IN THE OFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; THENCE RUN EASTERLYL 484.20 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE SOUTHERLY 100 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE WESTERL Y PARALLEL TO THE NORTH BOUNDARY ABOVE DESCRIBED TO THE NORTHEAST CORNER OF LOT 46, TRADE WINDS ESTATES; THENCE NORTHERLY 96.43 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACT 46, TRADE WINDS ESTATES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 21, PAGE 73, AND ALSO THE FOLLOWING DESCRIBED TRACT OF LAND: COMMENCING AT THE SE CORNER OF TRACT 47, AS SHOWN ON THE PLAT OF TRADE WINDS ESTATES (PLAT BOOK 21, PAGE 73, PALM BEACH COUNTY PUBLIC RECORDS) RUN NORTHERL Y ALONG THE EAST LINE OF SAID TRACT 47, A DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; FROM THE POINT OF BEGINNING, THENCE RUN EASTERL Y PARALLEL TO THE NORTH LINE OF TRACT 51 OF THE SAID TRADE WINDS ESTATES, A DISTANCE OF 100 FEET. TO A POINT; THENCE RUN SOUTHERLY, PARALLEL TO THE EAST LINE OF THE SAID TRACT 47, A DISTANCE OF 15 FEET, TO A POINT IN THE NORTH LINE OF THE SAID TRACT 51; THENCE RUN EASTERL Y ALONG THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 186.77 FEET TO A POINT; THENCE RUN NORTHERLY, AT AN ANGLE OF 1Or37' (TURNED FROM WEST TO NORTH) WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 200 FEET, TO A POINT; THENCE RUN WESTERL Y, PARALLEL WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 316.39 FEET TO THE NORTHEAST CORNER OF TRACT 46 OF THE I I SAID TRADE WINDS ESTATES; THENCE RUN SOUTHERLY A DISTANCE OF 177.70 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: LOT 52, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOTS 45 AND 47. AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO I i THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT I I COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK I 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, I FLORIDA. I TOGETHER WITH: LOT 44, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SAID LANDS CONTAINING A CALCULATED NET AREA OF 295,133.78 SQUARE FEET (6.775 ACRES), MORE OR LESS. ~----» ~ -- -.......~ -, - -~-------> _ .^___ ,_ _.- _~',"___r'_x -----,---~. -;=>--~ .. - - =-_~_____.-'.~y ----.-~"'.....~.-.._"i"'~> :-_' -- - DEVELOPMENTDEPAR~ENT PLANNING. ZONING DMSION MEMORANDUM NO. PZ 04-219 TO: Chairman and Members Community Redevelopment Agency Board Mayor and ran 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-o03-LUAR 04-0(4) REQUESTS: · Annex a 4.8-acre portion of the property consisting of 9.99 acres; · Amend the future land use designation from CHIS (Palm Beach County), General Commerdal 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 Commerdal (Cty of Boynton Beach) to PUD Planned Unit Development. PROJECT DESCRlPnON 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, 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 j Parcel Size: 9.99 acres Existing Land Use: Commercial High/S (Palm Beach County); General Commercial and Local Retail Commercial (Boynton Beach) 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 EXECUTIVE 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 enclaves 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 vicinity 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 City Included polides 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 Intertocal agreements, to provide emergency services. It was envisioned that the properties along the Federal Highway Conidor south of the intersection of Old Dixie Highway, Including the subject parcels, would eventually be annexed into the Oty and fonn a retall-oriented corridor, consistent with the land use designations and zoning categories assigned by both the Oty 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 conidor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was fadlitated 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 conidor, 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 Cub) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commerdal 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 commerdal 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 ANAL YSIS 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 acre 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 prindpal elements of a master plan consist of density, unit types, setbacks, access and drculatlon and infrastructure sources and needs. , 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 pedesbian- 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 resbict 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 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 rezonlngs are listed In the Land Development Regulations, Chapter 2, SectIon 9, AdmInIstration and Enforcement, Item C. ComprehensIve Plan Amendments: Rezonlngs. 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 po/ides induding but not limited to, a prohibition against any Inaease In dwellIng unit density exceedIng 50 In the hunfcane evacuation zone without Wlitten approval of the Palm Beach County Emergency PlannIng DIvisIon and the Oty's risk manager. The plannIng department shall also recommend limitations or - ___" _". _~~_....~ -- -,".,,--1"> - ,,--~~._~-_.-~ . _'_~--------"~~-~-~'----- .-____,.,.<0__«-. - '---'''~-<-''- --, Page 5 Ale Number: WAR 04-004 Gulfstream Gardens requIrements, whIch would have to be Imposed on subsequent development of the property, In order to comply with pol/des 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 staffs recommendation that the developer provide a mechanism to disseminate continuing Infonnation 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 densltfes greater than 10.8 units per acre. HIgher density development was fadlftated by the Oty's ComprehensIve Plan through the establishment of the Special High Density Residential dassification, 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 polfdes In the Comprehensive Plan: "Policy 1.17.1 The Oty shall conünue to discourage addiüonal commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access Is greatest and Impacts on resldenüal land uses are least"; and "Policy 1.19.7 The Gty shall conünue to change the land use and zonIng to pennit only residenüal or other non-commercial uses in areas where the demand for commercial uses will not increase, partfculatfy In the Coastal Area. " The subject property is located in Planning Area V (Entrances to the City) in the Federal Highwav Conidor Community Redevelooment 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 b'ansition 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 "sb1p" commercial areas In this vldnfty 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. Page 6 Ale 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 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 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift: In the development pattern has served to replace marginal and sub-standard commeråal 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 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 fadliUes. 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 Floor 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 dally 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. _ _ s__~~_ ~4~,"" .-...' ~,~ _.___~4_ -<.- -. -----------~.~---_. ..-..~__.~.~__...L.~ -- - ---~,., ---..--~ < ~ 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 capadty exists to accommodate the county's munldpalitles 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 dty 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 debimental effect on the other. f. Whether the property is physically and economically developable under the exisöng 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 aty, the Palm Beach County zoning must be changed to a Oty of Boynton Beach zoning dlsbict. The C-3 Community Commercial district would most neariy 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 commerdal 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. 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 city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and ¡nfill 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/RECOMMENDAnONS 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 City. 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 included as exhibit "B". ATTACHMENTS S:\PIamIng\SHARED\WP\PROJECTS\Gulfstream Gardens\WAR 04-004\STAFF REPORT NEW.doc <-,---~~-<,-_..~- --~ ~~->'~~I'-' ------ ....~........,........--~ -~..-- GULFSTREAM GARDENS LOCATION MAP ~ Z III >< ... Q Q ..", 0 Z N LEGEND ..' U/M Annexation Area Amendment Area 5 o 35 70 140 210 ~eet -- LRC - Local Retail Commercial GC - General Commercial . ~I! ~ I 1 l1 JJ -II I,~ II~ I ~~ l'e' 11 'lpDØ9 UO¡uAog z :s ~ ~ I ill! I II! ¡I)II II" IL ~ ( I}=I II< II. Jilt I :Ii I SuepJOÐ woeJtS nÐ ;1 I ~jQ.U.! Pit I U Iii d" I J .- , , ! I - ~ I~ .:. I ~ R . --- [ ~ II!!'" ~ "II 1 r ~! """"I . t - I hi JIm ." II''''' ; ~¡I !! I --" I i;q .. ~ :!ii¡ I II~- lijf!i ~ ~ ¡ b ~I IIIII I f ii ~!f II. ~ n n _ i~ .... i I I a . i i rt i, i I,,) -,- 1.1 II II!J ~ ~' - ~ _ ..'-<_"-O'~_,___, .________> _ft__~'" _-__ -. ~<.- . ___.,-_~_._~~__.__>~:.~b'-__"·-·I",· -. - ~,-, ----_._--~. XII. - LEGAL , ITEM A.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Forn1 Must be Turned Requested City Commission Date Fina] Fonn Must be ìurned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon.) July] 9,2004 D October 4, 2004 (Noon) September 20,2004 D August] 7, 2004 (Noon) August 2, 2004 D October] 9, 2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August ]6,2004 I:8J November 3,2004 (Noon) October] 8,2004 D September 2] , 2004 (Noon) September 7, 2004 D November 16,2004 (Noon) November 1,2004 D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing I:8J Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report c) c) ..Z.."'- ,:-,- RECOMMENDATION: Please place this request on the November 3, 2004 City Conunission Agenda und.5 -~ --¡ --¡ -< Legal, Ordinance - Second Reading. The City Conunission postponed this request on October 19,2004. For furtht£fletam s> ,'" ·1 pertaining to the request, see attached Department of Development Memorandwn No. PZ 04-219. 25 ';:?J " '.;.) ". .-- ~ ---:~~.: -_.~ '.' --/ "'-, .~. Q . . .;~- -' EXPLANATION: -- '''', ::0 PROJECT: Gulfstream Gardens (LUAR 04-004) (.Pi {i!;: "',> 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 to rezone from Commercial General (CG) (Palm Beach County), C-4 General Commercial and C-3 CommW1Ìty Commercial (Boynton Beach) to Planned Unit Development (PUD). Proposed use: Multi-family residential development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A 4 '8 > ALTERNATIVES: N/A Devel0 Ity anager sIgnature Il-fL- Planning and Zoning Direc r Ci Attorney 1 Finance 1 Human Resources S:\P]anning'SHARED\ WP\PROJECTS\Gulfstre ardens\LUAR 04-oo4\Agenda Item Req est Gulfstream LUAR 04-004 Rezone 2nd reading 1] -3- 04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 ORDINANCE NO. 04- 082- 3 AN ORDINANCE OF THE ClTY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE APPLICATION 5 TO REZONE 9.99 ACRES OF LAND, AMENDING 6 ORDINANCE 02-013 TO REZONE A PARCEL OF 7 LAND FROM COMMERCIAL GENERAL DISTRICT 8 (CG); GENERAL COMMERCIAL (C-4) AND 9 COMMlJNlTY COMMERCIAL (C-3) TO PLANNED 10 UNlT DEVELOPMENT (PUD); PROVIDING FOR 11 CONFLICTS, SEVERABILlTY AND AN EFFECTIVE 12 DATE. 13 14 \VHEREAS, the City Commission of the City of Boynton Beach, Florida has 15 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 16 said City; and 17 \VHEREAS, Bradley Miller of Miller Land Planning Consultants, Inc., as 18 agent for the multiple property owners, the property being more particularly 19 described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of 20 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, 21 for the purpose of rezoning a parcel of land consisting of approximately 9.99 acres, 22 said land being more particularly described hereinafter, fTom Commercial General; 23 General Commercial (C-4) and Community Commercial (C-3) to Planned Unit ¡ 24 Development (PUD); and 25 \VHEREAS, the City Commission conducted a public hearing and heard 26 testimony and received evidence which the Commission finds supports a rezoning 27 for the property hereinafter described; and 28 \VHEREAS, the City Commission finds that the proposed rezoning is S:\CA \Ordínances\Planning\Rezoning\Rezoning - Gulfstream Gardens.doc -- --'-- _..__--n_ ~.-.- .. .---~~-.~.---..- -- >--.-, '" ~- -'.- ...,,--""- I 1 consistent with an amendment to the Land Use which was contemporaneously 2 considered and approved at the public hearing heretofore referenced; and 3 \VHEREAS, the City Commission deems it in the best interests of the 4 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 5 set forth. 6 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY 7 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 Section 1. The foregoing Whereas clauses are true and correct and 9 incorporated herein by this reference. 10 Section 2. The foHowing described land, located in the City of Boynton 11 Beach, Florida as set forth as foHows: 12 See Legal Description attached as Exhibit "A" 13 14 be and the same is hereby rezoned from Commercial General; General Commercial (C-4) 15 and Community Commercial (C-3) to Planned Unit Development (POO). A location 16 map is attached hereto as Exhibit "B" and made a part ofthis Ordinance by reference. 17 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 18 accordingly. 19 Section 4. AU ordinances or parts of ordinances in conflict herewith are 20 hereby repealed. 21 Section 5. Should any section or provision of this Ordinance or any portion 22 hereof be declared by a court of competent jurisdiction to be invalid, such decision shall 23 ot affect the remainder of this Ordinance. 24 Section 6. This ordinance shall become effective immediately upon passage. S:\CA \Ordinances'Planning\Rezoning\Rezoning - Gulfstream Gardens.doc ! ¡ 1 , ¡ FIRST READING this ~ day of OCTober 2 i ,2004. I I 3 ¡ SECOND, FINAL READING and PASSAGE this ~ day of ,2004. , í I 4 ¡ CITY OF BOYNTON BEACH, FLORIDA i I 5 i I i 6 ¡ 7 I Mayor , : I I 10 I Vice Mayor 11 I 121 Commissioner 13 14 15 16 Commissioner 17 I 18 i 19 Commissioner ! 20 ATTEST: 21 22 I 23 City Clerk 24 25 (Corporate Sea]) S:\CA \Ordinances\Plannmg\Rezoning\Rezoning - GuIfstream Gardens.doc ._----~ -- -. ~..------~.-=.................."""-...._~-~- -_...........-~--.,,~---~-"->. ___.__,~__...._._..~._ _"_ __~__~_~ -__ .> __._ _ ____u ".____~~_.~... n" ___..c.,~_·~ .--r·. I Exhibit "Au GULFSTREAM GARDENS LAND DESCRIPTION (AREA TO BE ANNEXED) THE SOUTH 200 FEET (AS MEASURED ALONG THE EAST LINE) OF THE WEST 150 FEET (AS MEASURED ALONG THE SOUTH LINE) OF THE EAST 167.83 FEET (AS MEASURED ALONG THE SOUTH LINE) OF TRACT A, AS SHOWN BY THE AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 21, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: START AT THE SOUTHWEST CORNER OF LOT 52, TRADE WINDS ESTATES, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEROF ON FILE IN THE OFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; THENCE RUN EASTERL YL 484.20 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE SOUTHERLY 100 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE WESTERL Y PARALLEL TO THE NORTH BOUNDARY ABOVE DESCRIBED TO THE NORTHEAST CORNER OF LOT 46, TRADE WINDS ESTATES; THENCE NORTHERL Y 96.43 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: TRACT 46, TRADE WINDS ESTATES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 21, PAGE 73, AND ALSO THE FOLLOWING DESCRIBED TRACT OF LAND: COMMENCING AT THE SE CORNER OF TRACT 47, AS SHOWN ON THE PLAT OF TRADE WINDS ESTATES (PLAT BOOK 21, PAGE 73, PALM BEACH COUNTY PUBLIC RECORDS) RUN NORTHERL Y ALONG THE EAST LINE OF SAID TRACT 47, A DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; FROM THE POINT OF BEGINNING, THENCE RUN EASTERL Y PARALLEL TO THE NORTH LINE OF TRACT 51 OF THE SAID TRADE WINDS ESTATES, A DISTANCE OF 100 FEET, TO A POINT; THENCE RUN SOUTHERL Y, PARALLEL TO THE EAST LINE OF THE SAID TRACT 47, A DISTANCE OF 15 FEET, TO A POINT IN THE NORTH LINE OF THE SAID TRACT 51; THENCE RUN EASTERL Y ALONG THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 186.77 FEET TO A POINT; THENCE RUN NORTHERLY, AT AN ANGLE OF 10r3T (TURNED FROM WEST TO NORTH) WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 200 FEET, TO A POINT; THENCE RUN WESTERL Y, PARALLEL WITH THE NORTH LINE OF THE SAID TRACT 51, A DISTANCE OF 316.39 FEET TO THE NORTHEAST CORNER OF TRACT 46 OF THE SAID TRADE WINDS ESTATES; THENCE RUN SOUTHERLY A DISTANCE OF 177.70 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: LOT 52, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOTS 45 AND 47, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: LOT 44, AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA. RECORDED IN PLAT BOOK 21, PAGE 73; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SAID LANDS CO NT AINING A CALCULATED NET AREA OF 295,133.78 SQUARE FEET (6.775 ACRES), MORE OR LESS. '--.- --~--""" "'..., - ...~ --~_.~.. . -'~-'--~-----~- ._____m __~__-~..~~."",.-...,.....__..._''''_..th-.,,<,_~_.. .-,- -~,----'«--' DEVELOPMENT DEPARTMENT 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 t\~ 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 CHIS (Palm Beach County), General Commerdal 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 Commerdal (City of Boynton Beach) to PUD Planned Unit Development. PROJECT DESCRIPnON 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, LLC/Bradley Miller, Miller Land Planning Consultants, Inc. Location: West side of Federal Highway, approxlmately 1A mile north of Gulfstream Boulevard (exhibit "A J Parcel Size: 9.99 acres ExIsting Land Use: Commercial High/S (Palm Beach County); General Commercial and local Retail Commercial (Boynton Beach) Page 2 Rle 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 EXECUTIVE 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 conbibution to both the neighborhood and to the City, and; 4. There Is a long-standing lack of demand for retail commerdalland In the vicinity and a high proven demand for resldentfalland use In the Federal Highway corridor. ".-.",--_.,-<,-~~--oy~~--'"'''''---- --- -~-~---~--. ' _ .._;c,~~-__ ," '_~___~___""'__r__ , Page 3 File Number: lUAR 04-004 Gulfstream 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 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 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 reta/l-oriented corridor, consistent with the land use desIgnations and zonIng categorfes 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 CIty'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/ae (Colonial aub) to 32.2 du/ac (Sea gate). The shift has selVed to replace marginal and sub-standard commerdal 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 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 Spedal 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 spedfic 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 flied for this project. The prindpal elements of a master plan consist of density, unit types, setbacks, access and drculation and Infrastructure sources and needs. , Page 4 Ale 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 pedestrlan- 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 Rorlda Department of Community Affairs dassifies 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, regìonal 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 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 polldes Indudlng but not Hmlted to, a prohlbltfon against any Increase In dwelling unit density exceeding SO In the hunfcane evaaJatlon zone without written approval of the Palm Beach County Emergency PlannIng DIvisIon and the Oty's risk manager. The planning department shall also recommend limitations or ,._ ..0' _;...."'...__._."'-'""__ _ _ H' ~~___ _. ~__~_,,,___.___. A ..---~ -- .~---. ~- ~ '"""'....,.----.,.~-"""-._-~-- -~_.,,-_.......-.-._=~-~--~..... .- >--.-..- Page 5 Ale Number: LUAR 04-004 Gulfstream Gardens requirements¡ whIch would have to be Imposed on subsequent development of the property, In order to comply wIth polldes contaIned In the comprehensIve plan. The subject property is iocated on the west side of Federal Highway and therefore is not In the hurricane evacuation zone; however, It Is staffs 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 Cty has seen a shift from the perpetuation of small commercial uses along the conidor to residential uses, particularly those wIth densities greater than 10.8 units per acre. Higher density development was facilitated by the Cty's Comprèhenslve Plan through the establishment of the Special High Density Residential classification, Intended to support redevelopment In the coastal area. Land use amendments and rezontngs, which change designations from commercial uses to residential uses, are particularly consistent with two policies In the Comprehensive Plan: "Policy 1.17.1 The Oty 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 Oty shall continue to change the land use and zoning to pennit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area. n The subject property is located in Planning Area V (Entrances to the City) in the Federal Highwav Conidor Community Redevelooment Plan, which was adopted by the City 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 CIty." (p. 81) In concert with the recommendations cited, the residential density of the proposed development, and elimination of "sbip" commercial areas In this vldnlty will help support the downtown commercial core, as well as recognized commercial nodes In the corridor. In addition, It Is proposed at a scare and massing that will provide a transition Into the downtown area, where development standards allow greater densities and more Intense massing of buildings. Page 6 Ale 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 const/Me a grant of spedal 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 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 Oty'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 fadlities. 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 Roar 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 dally traffic generation of 5,211 trips, compared to 1,393 maximum trips per day, If developed with 199 dwelUng units. Under the Palm Beach County Traffic Petformance Standards Ordinance, residential projects located east of 1-95 are exempt from meeting level of SelVlce 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 to-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 CUtrent 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 commerdal 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 Oty, the Palm Beach County zoning must be changed to a Oty of Boynton Beach zoning disbict. The C-3 Community Commercial district would most nearly correspond with Palm Beach County's Commercial General zoning disbict, 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 commerdal 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. Page 8 Rle Number: LUAR 04-004 Gulfstream Gardens h. Whether there are adequate sItes elsewhere In the dty for the proposed use, In distrlcts where such use Is already allowed. In accordance with the definition of the SpecIal High Density Resident/alland 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 city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and InfiU 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/RECOMMENDAßONS As Indicated herein, this request Is consIstent with the Intent of the Comprehensive Plan; will not create additional Impacts on Infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the 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 included as Exhibit "B". AlTACHMENTS S:\PIaMIog\SHARED\WP\PROJECTS\Gulfstream Gardens\LUAR ()4-( ()o \STAff REPORT NEW.doc - >~,~-_.-p.,.--~"--~"",,,,-,,,,,,,,,~.-------- ---.---- ~¡.- -:- - .,.......-..,--~~-- - ~ _ ~__ ".._ _o__>~~_~~__"'" _ 0 GULFSTREAM GARDENS LOCATION MAP ~ Z UI X ... Q Q .." 0 2 - 1'1 LEGEND ..' ~/M Annexation Area Amendment Area s o 35 70 140 210 28~eet -- LRC . Local Retail Commercial GC . General Commercial .- ~l ~ I t lit JJ .11 . ~ I! II II. 1\' h. 1:1 '!p00; 001""'011 ~ ~ ~ ~~ U' h Jil ~ ~ i ~ III U·IIII; JII¡ht IIi1i · suepJOÐ WOeJ~S lnÐ f I J ~j~ul! I~ J J~I IIi ~ < J J III ! 1- ~ .~ . , ~ R . ---- ~ ~!!" ~ "II J E ~! R.~~. 'i; t J In JlJJJ :': II_tiC; ~ Bit !t I "-< I *~1I .. ~ ~!i¡i I if;' liff5 !I i i ~I IIIII I I~ii ~!f IJø o u ø~ ø'4 .... I I J ~ i i 11 i¡ i )..J i'i dt I ! ~J - _.~ t - j. ~ . "~~-'" ->~ < .__._.____~__~ .___,_,,_v__~;p ~___~'_'_r -~. _-.o-"-,"~~-. - ....----~_.-"'" ---""<>-.....---. ".--.. --- XII. - LEGAL ITEM A.4 CITY OF BOYNTON BEACH AGENDA ITElVI 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 J\.-1eeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July J 9,2004 o October 5,2004 (Noon) Septembcr 20, 2004 o August 17,2004 (Noon) August 2,2004 ~j October 19,2004 (Noon) October 4, 2004 C) ,- ::::. ~~ ~-< 0 ~ November 3,2004 .~:: -~ September 7, 2004 (Noon) August 16,2004 (Noon) October 18,~4 /0 (J -" o November 16, 2004 ...-I ;- c:J 0 September 21, 2004 (Noon) September Î, 2004 (Noon) November I, 2(}04 \',0 " / 0 . . _~ ..-'I.- -..,-- ~~.,....~ - --\ P" <f) 0 0 Administrative 0 Development Plans ~ ~_:.J ;£- CP. 'q ç;:J D D ~fT1 NATURE OF Consent Agenda New Business en (TV AGENDA ITEM D ~ cr" 01 c'> PubJic Hearing Legal ::):: D Bids D UnFInished Business D AnnOlmcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve a proposed ordinance amending Section 14-5, "Motor Vehicles and Traffic - Stopping, Standing, Parking, or Storage Prohibited in Specified Places", of the City of Boynton Beach Code of Ordinances. EXPLANATION: The proposed ordinance amends Section 14-5 of the Code of Ordinances to enforce restricted parking on rights-of-way under the jurisdiction of the Florida Department of Transportation (FDOT) in accordance with General Use Permits issued by the FDOT and authorizing the City to restrict parking on portions ofFDOT rights-of-way. General Use Permits authorize the City to restrict the hours of continuous parking and to instaH appropriate signage. PROGRAM IJ\IIPACT: N/A FISCAL I1\'IP ACT: N/A ALTERNATIVES: N/A ~~~} , - . e ey R. bv od, Duector Public Works DepartmentlEngineering Division Department Name Attorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORJ\-1.DOC i' i I ¡ I I i i J I ORDINANCE NO. o4-0BQ 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AlVIENDING I 5 CHAPTER 14, "MOTOR VEHICLES AND TRAFFIC," 6 AMENDING SECTION 14-5, "STOPPING, STANDING, 7 PARKING, OR STORAGE PROHIBITED IN SPECIFIED I 8 PLACES" OF THE CODE OF ORDINANCES, TO I I 9 RESTRICT HOURS OF PARKING ON FLORIDA ! ! 10 DEPARTMENT OF TRANSPORTATION RIGHT-OF-'YAY I 11 'VHERE SIGN AGE IS POSTED; PROVIDING FOR I 12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN I I 13 EFFECTIVE DATE. 14 15 'YHEREAS, certain rights-of-way under the jurisdiction of the Florida Department of 16 Transportation ("FDOT") are striped to provide limited parking opportunities; and \VHEREAS, it has become apparent that this limited parking is being abused in certain I 17 I I 18 instances for all-day parking by area businesses and visitors, thereby removing such parking I 19 spaces for use by the general public and those frequenting the establishments located along these I 20 FDOT corridors; and I 21 WHEREAS, businesses are obligated to provide sufficient parking on their respective I 22 properties for their employees, their business vehicles, and any vehicles for sale or rent; and 23 \VHEREAS, upon application to the FDOT for a General Use Permit, a City can request 24 to restrict the hours of allowable parking on FDOT rights-of-way; and 25 'VHEREAS, the FDOT has authorized the City of Boynton Beach to implement 26 restricted parking, usually two (2) hour parking during peak hours, in these parking spaces 27 located within the FDOT rights-of-way; and 28 \VHEREAS, it is the desire of the City Commission to ensure that adequate parking is 29 available for the general public, while preserving aesthetics and the safety of those utilizing I \ 11<-<,- .....- ,,~-..., ~- _..............~---~ . -- ·,"--,- - .~~"'"',~- --'---~. ~ . ._____N~...........~·. _~____ ""~____,__.~,,,.__~_.____~_._. -- ,-......----- I ! I i I , ì 1 I public rights-of-way to travel within and through the City of Boynton Beach; and 2 \VHEREAS, the City Commission of the City of Boynton Beach, Florida upon 3 recommendation of staff, has determined that it is in the best interests of the citizens and 4 residents ofthe City to amend Chapter 14 to restrict the hours in which the standing or parking of 5 vehicles on FDOT rights-of-way is permitted; 6 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COMl\USSION OF THE 7 CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 9 Section 1. That Chapter 14, "Motor Vehicles and Traffic," Section 14-5, "Stopping, 10 standing, parking, or storage prohibited in specified places," of the Code of Ordinances of the II City of Boynton Beach is hereby amended to create a new subsection (a)(6) as fo]]ows: 12 Sec. 14-5. Stopping, standing, parking, or storage prohibited in specified places. 13 14 (a) Except when necessary to avoid conflict with other traffic, or in 15 compliance with law or the directions of a police officer or official traffic control device, 16 no person sha]]: 17 18 . .. 19 20 (6) Stand or park a vehicle, whether occupied or not, in a designated parking 21 space on or along any street, roadway, or right-of-way under the 22 jurisdiction of the Florida Department of Transportation in contravention 23 to the parking restrictions set forth in any general use permit issued to the 24 city by the Florida Department of Transportation. A general use permit 25 authorizes the city to restrict the hours of continuous parking along a 26 designated street, roadway, or right-of-way, and to install and maintain 27 signage specifYing the continuous parking restriction, the hours in which 28 the restriction is applicable, and the street, roadway, or right-of-way on 29 which the restriction is applicable. Sígnage in accordance with this section 30 and general use permit shall be conspicuously posted identifying the 31 restricted parking zone and the hours in which the restricted parking is 32 applicable. 33 34 Section 2. Should any section or provision of this ordinance or portion hereof, any II ¡ i I 1 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 2 decision shaH not affect the remainder of this ordinance. 3 I Section 3. Authority is hereby granted to codify said ordinance. 4 I I 5 I Section 4. This ordinance shaH become effective immediately upon passage. 6 I 7 Oc..robe.r ,2004. 8 FIRST READING this t'\ day of 9 10 SECOND, FINAL READING AND PASSAGE this _ day of , 11 2004. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 16 I Mayor 17 18 19 20 Vice Mayor 21 22 23 ¡ I 24 Commissioner I I 25 26 27 I 28 ATTEST: Commissioner 29 I I 30 I 31 32 City Clerk Commissioner 33 34 (CORPORATE SEAL) 35 36 s:\calordjnances\Parking - FDOT ROW.doc 37 :\1 990\9001 82.bb\Ord\Parking - FDOT RO\V.doc 38 ev. 09-29-04 I I t I , -_...._~~-_..-- - ._-----"..=-<>-...,..-----." - -- - ~-----"..............,-"-- .<_._....--4.~.,........___.___~,,__«_.'" ,.__ _ .~~, -. -~-., >..._,.-.