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Agenda 02-15-05 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING REVISED AGENDA February 15, 2005 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 Mayor Jerry Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission None III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events: 1. Boynton Beach City Ubrary - Brown Bag Series 2005 -February 28th, 2005 from 12:00 Noon to 1:00 p.m. in the Library Program Room - Sponsored by the Friends of the.Library - Free to the public 2. "The Friends of the Library" are hosting their 16th Annual Benefit Luncheon on Monday, Feb 21, at Benvenuto's Restaurant. The author is James W Hall, whose newest released book is Forests of the Night.- will be available for sale and autographing at the Luncheon. For tickets, call the Library. "" Agenda Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 3. Heritage Festival - Month-long celebration of Black History Month that informs the public of the ties that bind the African-American community together through the enjoyment of arts, education and pride in African- American accomplishments and heritage - Weekends in February. Week 3: Book Fair VIP Aut ra h Session Book Fair General Public Coronation Youth Awards Poinciana Poinciana Poinciana Poinciana 19 19 19 19 5:00 .m. 6:00 .m. 7:30 .m. 8:30 .m. Week 4: Parade Seacrest Februa 26 4:00 .m. Concert - "An International Affair" . R&B - Classique, Regina Bell & Howard Hewitt MLK February 26 6:00 p.m. . Reggae - Glen Washington . Trinidad and Tobago - Trinny . Latin D International Celebration (Around the World in one day - Wilson Park February 24, Elementary Schools adopt a 25, 26 & 27 coun MLK Carnival C. Presentations: 1. Proclamations: a. Rotary International Day - February 23, 2005 2. NEW Congress Middle School presentation of the School Board of Palm Beach County by Angela Usher, Planner and Helen Lavalley, Planner IV. PUBUC 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) ~, 2 Agenda Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 V. ADMINISTRATIVE: A. Accept resignation from Diana Johnson, Regular Member of the Golf Course Advisory Committee B. Appointments to be made: Appointment To Be Made I IV Mayor I II III III IV IV II IV II Ensler McKoy Taylor Ensler McCray Ferguson Ferguson McKoy McKoy McCray McKoy Mayor Taylor McCray Board Length of Term EXDiration Date Adv. Bd. On Children & Youth Stu/Non-Voting 1 yr term to 4/05 Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Alt Reg Alt Alt 3 yr term to 4/07 Tabled (3) 3 yr term to 4/07 Tabled (3) 1 yr term to 4/05 Tabled (3) 1 yr term to 4/05 Tabled (3) 1 yr term to 4/05 Tabled (3) 1 yr term to 4/05 Tabled (3) 1 yr term to 4/05 Tabled (2) Cemetery Board Alt Code Compliance Board Code Compliance Board Alt Alt Community Relations Board Community Relations Board Alt Alt 1 yr term to 4/05 1 yr term to 4/05 Tabled (3) Education Advisory Board Stu 1 yr term to 4/05 Golf Course Advisory Committee Reg 5 yr term to 6/05 Recreation & Parks Board Reg 3 yr term to 4/06 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. City Commission Meeting - January 18, 2005 2. Agenda Preview Conference"- January 28, 2005 3. City Commission Meeting - February 1, 2005 4. City Commission Workshop - January 31, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget '" 3 Agenda Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 1. Award Bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA), Bid #014-2821-05/0D, to ALLIED UNIVERSAL CORPORATION of Miami, Florida, with an annual estimated expenditure of $166,000 for the Utilities Department 2. Award the "CLASSIFICATION & COMPENSATION STUDY", RFP #015- 1610-05/0D to MGT OF AMERICA of Tallahassee, Florida, with an estimated expenditure of $66,000 (PROPOSED RESOLUTION NO. R05-020) C. Resolutions: 1. Proposed Resolution No. R05-012 Re: Approving and adopting grant funding policies (TABLED TO FEBRUARY 15, 2005) 2. Proposed Resolution No. R05-021 Re: Authorizing the execution of a contract for Federal lobby services with the firm of U. S. Strategies Corp. (USSC) at an annual cost of $60,000 (a portion of this cost is proposed to be shared with the CRA) 3. Proposed Resolution No. R05-022 Re: Authorizing the execution of a Task Order with Kimley-Horn and Associates, Inc. for final design and construction services for the Wilson Center Building, pool and park project in the not-to-exceed amount of $519,400 4. Proposed Resolution No. R05-023 Re: Approving concept plans for the Intracoastal Park Clubhouse as prepared by CH2Mhill, providing direction to staff regarding the desired location of the clubhouse on the site and authorizing Task Order No. 05-05-01 to CH2Mhill in the lump sum, and not-to-exceed amount of $181,255 for final architectural design and construction oversight services for the Intracoastal Park Clubhouse 5. Proposed Resolution No. R05-024 Re: Approving and authorizing the execution of Amendment #1 to Task Order No. U04-14- 01 to Mathews Consulting, Inc. (MCI) for $102,715 to provide professional engineering services for the NW 17th Avenue (Rolling Green) Stormwater and Water Main-Improvement Project 6. Proposed Resolution No. R05-025 Re: Authorizing the Approval of Modification to Hazard Mitigation Grant Agreement (permanent hurricane window coverings for second floor City Hall windows), which will result in a reimbursement to the City of $40,780 f!'o 4 Agenda Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 7. Proposed Resolution No. ROS-026 Re: Authorizing the execution of Agreements for Water Service Outside the City Limits with: a. Lori Podray as Customer and Hypoluxo Homes LLC as Contract Vendee: and b. Eparchy of Passaic as Customer and Hypoluxo Homes LLC as Contract Vendee, for the proposed project known as Nicola PUD, located west of Military Trail and south of Hypoluxo Road (PROPOSED RESOLUTION NO. R05-027) 8. Proposed Resolution No. ROS-028 Re: Ratifying the action of the South Central Regional Wastewater Treatment & Disposal Board of January 20, 2005 as follows: a. Authorization to enter into an agreement with the City of Delray Beach to expand their contract for the reuse line with Chaz Equipment for Area 1 reclaimed water system into the South Central Plan in the amount of $415,240 with the cost to be split 50/50 from each city's capital funds; and b. Authorization for chairman to sign agreement with Solid Waste Authority for South Central to participate in the construction and operation of the Biosolids Pelletization Project. The construction cost of $5,643,362 will be split 50/50 from each City's Capital funds. 9. Proposed Resolution No. ROS-029 Re: Authorizing the execution of Task Order No. U05-11-1 for $87,355, plus a 5% contingency in the amount of $4,367.75, for a total budget appropriation of $91,722.75, to LBFH, Inc. to provide professional engineering services for the design, permitting, bid phase and construction phase for the replacement of approximately 2,500 linear feet (LF) of to-inch force main within the Platina force main system to. Proposed Resolution No. ROS-030 Re: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Homrich Corporation for the property at 1018 Highland Road, Lake Worth, FL (RIDGE GROVE LT 54) 11. Proposed Resolution No. ROS-031 Re: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Homrich Corporation for the property at to26 Highland Road, Lake Worth, FL (RIDGE GROVE LT 53) 0> 5 Agenda Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 12. Proposed Resolution No. ROS-032 Re: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Homrich Corporation for the property at to34 Highland Road, Lake Worth, FL (RIDGE GROVE LT 52) D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: None F. Approve Closeout Change Order #1, increasing Purchase Order #050600 by $6,406.16, and approve the Final Application for Payment to Chaz Equipment Company, Inc. The Rnal Application for Payment is $33,394.22, including the recommended increase. G. Authorize the use of $2,000 of Community Investment Funds by Commissioner Carl McKoy, $1,000 from Commissioner Bob Ensler, $1,000 from Mayor Taylor and $2,000 from Vice Mayor McCray for Heritage Fest 2005 H. Approve the full release of surety covering the water and sewer systems for the project known as Polo Ridge, and refunding the cash surety in the amount of $3,085 to the developer, Polo Ridge Developer, LLC 1. Approve the full release of surety covering the water and sewer systems for the project known as Borgata/San Savino (aka Melear PUD) and returning Letter of Credit No. 3704313 from Bank of America to the developer, Continental Homes (D.R. Horton) VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: A. Motion to pay settlement from court ordered mediation in the amount of $9,000 in the case Shirley M. Akins. v. City of Boynton Beach (The initial demand made prior to and at mediation was $150,000.) VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Seaview Park Club (NWSP 04-014) -1620 North Federal Highway (east side of North Federal Highway, approximately 1,000 feet north of the Boynton C-16 Canal - Request for new site plan approval for the construction of 69 condominium units on 3.756-acres in the IPUD zoning district (RETURNED TO COMMISSION FOR RECONSIDERATION) (.!'> 6 Agenda Regular City Commission Meeting Boynton Beach, Florida February IS, 2005 1. Proposed Ordinance No. 05-006 Re: Amending the Comprehensive Plan Future Land Use Map from Low Density Residential and Local Retail Commercial to Special High Density Residential (Seaview Park Club - LUAR 04-101) (2'd READING OF PROPOSED ORDINANCE WAS TABLED ON 02/01/05) 2. Proposed Ordinance No. 05-007 Re: Rezoning from R-3 Multi-family Residential and C-3 Community Commercial to Infill Planned Unit Development (IPUD) (Seaview Park Club) (2"'0 READING OF PROPOSED ORDINANCE WAS TABLED ON 02/01/05) B. Project: Boynton Beach Lofts (LUAR 05-003) (eRA HAS REQUESTED POSTPONEMENT) Agent: Brady Miller, AICP, Miller Land Planning Consultants, Inc. Owner: Louis F. Mascia/Boynton Motel LLC Location: 623 South Federal Highway Description: Request to amend the Future Land Use designation from Local Retail Commercial (LRC) (1st READING OF PROPOSED ORDINANCE NO. 05-); and to rezone from Community Commercial (C-3) to Mixed-Use Low (MU-L) (1ST READING OF PROPOSED ORDINANCE NO. 05-) 1. Boynton Beach Lofts (NWSP 05-008) - 623 South Federal Highway _ Request for new site plan approval to construct a mixed-use project consisting of 48 multi-family dwelling units, 5,364 square feet of retail and 12,354 square feet of office on a 1.21-acre parcel in an MU-L zoning district (CRA HAS REQUESTED POSTPONEMENT) 2. Boynton Beach Lofts (HTEX 05-001) - 623 South Federal Highway- Request for a height exception of 3'-2" pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevator/stair tower to be 78'-2" in height, a distance of 3'-2" above the 70' maximum height allowed in the Mixed-Use Low (MU-L) zoning district (CRA(APPUCANT HAS REQUESTED POSTPONEMENT) HAS REQUESTED POSTPONEMENT) C. Amendment to the Land Development Regulations, Chapter 2. Zoning, Section 8., M-1 Industrial District, to allow as conditional uses, uses proposed as medical or scientific research which involve the use, treatment, storage, or processing of human or animal bodies, or body parts (1ST READING PROPOSED ORDINANCE NO. 05-015) IX. CITY MANAGER'S REPORT: None ~ 7 Agenda Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 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 B/3/04 based on review by Planning & Development Board and CRA) D. Annexation of Enclaves (TBA) E. Hurricane Design for Public Buildings F. City Manager's Evaluation (October 2005) G. Presentation of the After-action Report regarding the 2004 Hurricane Season (TBA) H. Contribute $1,000 of Vice Mayor Mack McCray's Community Investment funds to the Boynton Ministerial Association (TBA) 1. Disposition of Old High School (March 1) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 5. Proposed Ordinance No. 04-049 Re: Amending Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use-Suburban (MX-S) land use category; providing for consistent zoning districts, allowed uses, density and intensity of development TABLED ON 01/18/05 1. Proposed Ordinance No. 04-045 Re: Regarding property consisting of approximately 81.814 acres and located between Congress Avenue and the LWDD E-4 Canal, more particularly described herein; amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan, the Land Use Designation is being changed from Moderate Density Residential to Mixed Use-Suburban (Boynton Village) '" TABLED ON 01/18/05 8 Agenda Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 2. Proposed Ordinance No. 04-046 Re: Regarding the application of Klatt Family Limited Partnership, amending Ordinance 02- 013 of said City by rezoning a parcel of land more particularly described herein from R-1-AA Single-Family Residential to Suburban Mixed Use (SMU) (Boynton Village) TABLED ON 01/18/05 3. Proposed Ordinance No. 04-047 Re: Regarding property consisting of approximately 25 acres and located on the northeast comer . of the intersection of Congress Avenue and Old Boynton Road; amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan of the City for the property more particularly described herein; the Land Use Designation is being changed from Moderate Density Residential to Local Retail Commercial (LRC) (Boynton Town Center) TABLED ON 01/18/0S 4. Proposed Ordinance No. 04-048 Re: Regarding the application of Klatt Family Limited Partnership 1 and Klatt Enterprises, Inc., amending Ordinance 02-013 of said City by rezoning a parcel of land more particularly described herein from R-1-AA Single-Family Residential to C-3 Community Commercial (Boynton Town Center) TABLED ON 01/18/05 5. Item moved up on agenda to be heard prior to Item XII-A. 1. 6. Proposed Ordinance No. 04-058 Re: Approving the proposed amendment to the functional classification of roadways map in the support documents for the Transportation Element of the Comprehensive Plan (The streets involved are SE 4th Street between Boynton Beach Boulevard and SE 12th Avenue, and Martin Luther King, Jr. Boulevard between Federal Highway and Seacrest Boulevard TABLED ON 01/18/05 7. Proposed Ordinance No. 04-059 Re: Amending the Transportation Element of the Comprehensive Plan to establish a Transportation Concurrency Exception Area (TCEA) in a portion of the City's Community Redevelopment Area TABLED ON 01/18/0S 8. Proposed Ordinance No. 05-005 Re:' Amending Chapter 26. Water, Sewers and City Utilities, Article VII, Section 26-406 entitled "Capital Contributions", authorizing the transfer of real property to the City in lieu of capital contribution charges within the downtown stormwater improvement watershed TABLED ON 01/18/05 9. Proposed Ordinance No. 05-013 Re: Requesting a Development of Regional Impact Amendment (DRIA) to allow an increase ..in the maximum number of dwelling units permitted under the development order from 1,000 to 1,105 dwelling units 9 Agenda Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 B. Ordinances - 1st Reading 1. Proposed Ordinance No. 05-014 Re: Request for amendments to the Land Development Regulations, Chapter 22. Streets and Sidewalks, related to street naming and renaming, construction of sidewalks, access to and work within public rights-of~way, and providing for appeals, work requirements and surety (TABLED ON 02/01/05) 2. Proposed Ordinance No. 05-016 Re: Approving the exemption from provisions of Section 101.657, Florida Statutes related to early voting C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: XIV. ADJOURNMENT: NOTICE IF A PERSON DEOOES TO APPEAl ANY DEOSION MADE BY THE CITY COMMISSION WITH RESPEcr 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 INnUDES THE TESfIMONY AND EVIDENCE UPON WHICH THE APPEAl IS TO BE BASED. (F.S. 286.0105) THE OTY SHAll. FURNISH APPROPRIATE AUXlUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAl OPPORTUNITY TO PARTIOPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PlEASE CONTACT JOYCE COSTEllO, (561) 742-6013 AT LEA5T lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTlvm IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. REVISED FINAL AGENDA 2/15/20058:52:06 AM s:\CC\WP\CCAGENDA\AGENDAS\Year 2005\021505 - REVISED FINAL AGENDA.doc JMP '" 10 WHEREAS, Rotary International, founded on February 23, 1905 in Chicago, Illinois USA, is the world's first and one of the largest non-profit service organizations; and WHEREAS, there are over 1.2 million Rotary club members comprised of professional and business leaders in over 31,000 clubs in more than 165 countries-, and WHEREAS, the Rotary motto "Service Above Self" inspires members to provide humanitarian service, encourage high ethical standards, and promote good will and peace in the world; and WHEREAS, Rotary funds club projects and sponsors volunteers with community expertise to provide medical supplies, health care, clean water, food production, job training, and education to millions in need, particularly in developing countries; and WHEREAS, Rotary in 1985 launched Polio Plus and spearheaded efforts with the World Health Organization, U.5 Centers for Disease Control and Prevention, and UNICEF to immunize the children of the world against polio; and WHEREAS, polio cases have dropped by 99 percent since 1988 and, the world stands on the threshold of eradicating the disease; and WHEREAS, Rotary is the world's largest privately-funded source of international scholarships and promotes international understanding through scholarships, exchange programs and humanitarian grants, and WHEREAS, more than 35,000 students from 110 countries have studied abroad since 1947 as Rotary Ambassadorial Scholars; and WHEREAS, Rotary's Group Study Exchange program has helped more than 46.000 young professionals explore their career fields in other countries-, and WHEREAS, 8,000 secondary-school students each year experience life in another country through Rotary's Youth Exchange Program; and WHEREAS, there are over 387,000 Rotary club members in more than 7,700 clubs throughout the United States sponsoring service projects to address such critical issues as poverty, health, hunger. Illiteracy, and the environment in their local communities, and abroad NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim February 23, 2005, as: Rotary International Day and encourage all citizens to join us in recognizing Rotary International for 100 years of service to improving the human condition in local communities around the world. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 15th day of March, Two Thousand Five. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:\CC\WP\CCAGENDA \ProclamationsW ear 2005\Rotary .doc V. ADMINISTRATIVE ITEM A. :Ms. Viana J-f. Jolinson 7 'Bay tree Circle 'Boynton 'Beacli, :f{orUfa 33436 561-357-8033 ,~ Cii -<1 rn co \ - January 31, 2005 Mayor Gerald Taylor City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Mayor: I hereby tender my resignation as a Commission appointee serving on the Golf Course Advisory Committee. It has been a pleasure to serve for the past several years on this board and I thank the City COmmission for the privilege of doing so. The Links has seen a great deal of upgrades and improvements in the past few years, along with challenging policy changes, all of which have made the course a more enjoyable recreational facility. The golf course staff does a very efficient job of managing day to day operations, as well as long term projections. Our City should be very proud of its golf course and its management. At this time, I feel that there are other venues where my time and experience can better serve my community and its residents. Thank you again for the opportunity to serve as an advisory board member. tz' xI.J-- Diana H. Johnson CC: City Clerk's Office, City of Boynton Beach ,,-") -J:~' .;~\-<. <.0 ,-'1 "~rn ,(? -ry -,..' ....". "'0 y:;:': --=~oJ _en 0y- r-i\("') :J: 17: - t CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM B.1. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meet;n!:! Dates in to City Clerk's Office Meetin!! Dates in to Citv Clerk's Office D December 7, 2004 November 15,2004 (Noon.) D February 1,2005 January 17,2005 (Noon) D December 21, 2004 December 6, 2004 (Noon) IZJ February 15, 2005 January 31, 2005 (Noon) D January 4, 2005 December 20, 2004 (Noon) D March 1, 2005 February 14, 2005 (Noon) D January 18,2005 January 3, 2005 (Noon) D March 15,2005 February 28, 2005 (Noon) D Administrative D Development Plans NATURE OF IZJ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: A Motion to award Bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA") Bid# 014-2821-05/CJD to ALLIED UNIVERSAL CORPORATION of Miami, Florida with an annual estimated expenditure of: $166,000.00 for the Utilities Department. CONTRACT PERIOD: FEBRUARY 16, 2005 TO FEBRUARY 15, 2006 EXPLANATION: On December 29, 2004 Procurement Services received and opened three (3) sealed proposals for the referenced bid. Allied Universal Corporation was the lowest, most responsive, responsible bidder overall and who meets all specifications and has provided satisfactory service in the past. Sodium Hydroxide is nsed at the West Water Treatment Plant to raise the pH of the product water to prevent scaling in the pipelines and to neutralize hydrogen sulfide in the off-gas scrubber. The Utilities Department purchases eighty (80) dry tons of 25% and two hundred a'!4 seven (207) dry tons of 50% Sodium Hydroxide. Nem Gomez, Interim Utilities Director, concurs "",ith,:~ recommendation (see attached memo #05-11). The provisions of this bid award will allow for a one (1) yeat"'\rteDSloti at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and det~na:~~ that the renewal is in the best interest of the City. ~ . G:J c..) 10 J.",(' PROGRAM IMP ACT: The purpose of this bid is to secure a source to provide the best quality Sodinm ~,J,'droxidii (Liquid Caustic Soda) available at the most economical price. ,~;:..:J 6 .-.Jz C3 ~l ~:2~ _J ~-~~ ::t: FISCAL IMPACT: BUDGET ACCOUNT#: 401-2811-536-52-35 ESTIMATED ANNUAL EXPENDITU 66'000~. City Manager's Signature (1 a9PlJl1~ City Attorney / Finance / Human Resources A~h~F' . SSlstant to t e mance DIrector Procurement Services Department Name S,IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM DOC C: Dave Ailstock -- Chief Operator File MEMORANDUM Utilities #05-11 FROM: Bill Mummert Director of Finance Nem Gomez XJ Interim UtilitiesLrsirector ; ,~ '...' '~, TO: DATE: January 21, 2005 pm SUBJECT: Purchase of Sodium Hydroxide Bid #014-2821-05/CJD AGENDA ITEM Sodium hydroxide is used at the West Water Treatment Plant to raise the pH of the product water to prevent scaling in the pipelines and to neutralize hydrogen sulfide in the off-gas scrubber. The current bid with JCI/Jones Chemical Inc., was cancelled because JCI/Jones would no longer honor the existing bid due to a large increase in price of this product. We received three (3) bids that would meet our needs: providing 25% and 50% sodium hydroxide based on the total cost per year of purchasing eighty (80) dry tons of 25% and two hundred and seven (207) dry tons of 50% sodium hydroxide. Allied Universal Corporation has the lowest total bid price. Bid number ~% 2~1i zO,4~~ !ca~ op'ened December 29, 2004 at 2:30PM. We recommend awarding the bid to purchase sodium hydroxide from Allied Universal Corporation for an estimated annual amount of $166,000 as they are the lowest overall bidder and have provided good service with other products that we have purchased from them. Please place this item on the next City Commission Agenda to approve the bid for Allied Universal Corporation. These funds will be available in account number 401-2811-536-52-35. If you have any questions, please contact Dave Ailstock at extension 6453. NG/plw Copy: Dave Ailstock File Attachments C:\Documents and Settings\conboy\Local Settings\Temporary Internet Files\OLK1070\memo 1-20- 05_ mummert ~ sodiumhydroxide _ ng.doc - "'tl-l (l) I\) I\) 01 cOl(")en e: 0 0 01 0 0 CIl::l::T8. 0 lii 0 ~ -..I '<f!. 01 a. CD 0 (Q 3 2' ::T - o.<! en 0 en 01 )> 0 o.<! 0 CD !);1 _. 3 CIl 3 -I 2' -I 2' O'e.lJ:x: CD 0 0 ;;; 3 en'< ::I - 0 - O'e: CIl o' ::I o' Ill_a. ., ::I ::I CIl ::I -<~caa - 01 0 CD ::I X -<- 01 (Q-' .., _a. CD ::TCD 01 .., )>"'tl )> ... ... 3 ::I. 0) 01 0 o ~ [ 0) <0 .0) e: ... 0) -..I 01 01 ::I "'tl C (l) I\) ~ 0) ... -CD ::I 0) I\) ?' ~ ~ o .., :C' 0 ~ I\) 0) (l) -0 CD 0 0 (l) 0 0 -go.<! iil o -I ::TO (") ea 01 ::I CIl 0 CD ., (J)~~ OJO-lO _0-" ocmOJ -n: Cf) 0 )>"'tl OJ >:J:O-< ... ... 3 ::I. ii! 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Carbonates (as Na2C03) Chlorides (as NaCI) Chlorates (as NaCI03) Sulfates (as Na2S04) Iron (Fe) Copper (Cu) Nickel (N i) Mercury (Hg) Heavy Metals (as Pb) Arsenic (As) Total Organic Carbon (TOC) Note 1: All % and ppm values are expressed on a weight by weight 50% solution basis Note 2: This 9rade of Sodium Hydroxide Liquid meets the following standard: . American Water Work Association Standard (AWWA 8501 -98) , ASTM E-1098-1993 . Food Chemicals Codex (FCC- 1 996) . Water Chemicals Codex (WCC-1982) . Certified NSF/ANSI Standard 60, Drinkin9 Water Treatment Chemicals Health Effects - 2002 Contact PIONEER for additional technical information In the United States, call (713 )570-3200 and in Canada, call (514) 397-6100 Our Quality System is ISO 9001:2000 registered nl-~ product informatioil present:;d herein, while not:jllaranteb_~ is true and accur i!~ 10 the !)8st of our knowled ]8, No w !r,anly or guarantee' e)(press or ,,,piled, is made re,: !:ding D,t )[rnance, SIClbilllj' other\\ ,~, ,Jr regardWi] ,1\ racy or ';'Iff,ciency of such )ducl 1[" ,-m,llion, Buyer (l-!pts the foreqolrlg product inlo(lIldtion at l'luyer's own risk, W:II:e our le,_:tlnical personnel \\,i':Je happy to respond to questions re~,Hdlng safe handiilhJ cmd use r1r, ",:-ldures, safe l1al1(! '1'9 and t ;'; r,~;T1ains the ((;Sl Isibihly i III() Buyer 1 :1,,' C j prOdu,;' uses are for infurr','1onal pl :',):;;':5 only and flu "ShOl,IO :'1-, )';II~P!8 and eSDlili" to BliY' 'i s-ltisfaction (~1, 'clbifily ( <:1'-: such Uy ! , : ,yer's 0'" p'Jif'Joses_ N,,) ~l :'jestio'h rhe are inkl' I, 'as, ii' ,,; n,: 'ereinslll:I' )nS!f,". IS ~fecomir';'t, "nto)' J' l;lye~ls' 'J' ntso I 'i(")[eanYil:~ll'i ;-~Iaw ~ Material Safety Data Sheet 1. CHEMICAL PRODUCT & COMPANY IDENTIFICATION 24-Hour Emergency Phone Number: 517-636-4400 Product: CHLORINE, LIQUID The Dow Chomical Company Midland, Michigan 48674 Page: 1 Product Code: 16295 Effective Date: 05/04/99 DatePrint;ed: 10/27/99 MSD: 001122 The Dow Chemical Company! Midland, MI 48674 Customer Information Center: 800-258-2436 2. COMPOSITION/INFORMATION ON INGREDIENTS Chlorine CASU 007782-50-5 99.8% 3. HAZARDS IDENTIFICATION EMERGENCY OVERVIEW ************************************************************************ ,': Amber I iquified gas under .pressure. Pungent odor. Causes severe 1: 1: eye burns. Causes severe skin burns. May be fatal if inhaled. 1: * Highly toxic to fish and/or other aquatic organisms. * ,'. ok. ****************************************************t:******************* POTENTIAL HEALTH EFFECTS (See Section 1 I for toxicological data.) EYE: May cause severe irritation with corneal injury which may result in permanent impairment of vision, even blindness. Vapors may cause severe eye i rr"j tation and corneal injury. SKIN: Short single exposure may cause severe skin burns. INGESTION: Ingestion is unl ikely due to physical state. INHALATION: A single brief (minutes) inhalation exposure to easily attainable concentrations may cause serious adverse effects, even death. Excessive exposure may cause severe irrit;ation to upper respiratory tract; and lungs and may cause lung injury. SYSTEMIC (OTHER TARGET ORGAN EFFECT~: Human signs and symptoms (Cont;inued on page 2 , over) (R) Indicates a Trademark of The Dow Chemical Company UtI ~" t.J Printed on Recycled and RecYClable Paper MATERIAL SAFETY D A T A SHE E T PAGE: 2 Product: CHLORINE, LIQUID Product Code: 16295 Effective Date: 05/04/99 Date Pr i nted: 10/27/99 /'IS 0: 001122 ------------------------------------------------------------------------ may include respiratory effects. In animals, effects have been reported on the fol lowing organs: kidney, 1 iver and lung. Observations in animals include respiratory effects. Excessive exposure to chlorine gas has been known to also cause erosion of tooth enamel. CANCER INFOR/'IATION: Oid not cause cancer in long-term animal studies. TERATOLOGY (BIRTH DEFECTS): is notteratagenic but may administered at high doses limited data suggests that chlorine be slightly embryotoxic when in drinking water to pregnant rats. REPRODUCTIVE EFFECTS: In animal studies, has been shown not to interfere with reproduction. 4. FIRST AID EYES: Immediate and continuous irrigation with flowing water for at least 30 minutes is imperative. Prompt medical consultation is essential. SKIN: Immediate continued and thorough washing in flowing water for 30 minutes is imperative whi Ie removing contaminated clothing. Prompt medical attention is essential. INGESTION: No adverse effects anticipated by this route of exposure. INHALATION: Remove to fresh air. If not breathing, give artificial respiration. If breathing is difficult, oxygen should be administered by qualified personnel. Cal I a physician or transport to a medical facil ity. NOTE TO PHYSICIAN: Excel lent warning properties force rapid escape from chlorine gas; thus most inhalations are mild to moderate. If escape is not possible, exposure to high concentrations for a very short time can result in dyspnea, hemoptysis and cyanosis with later complications being tracheobronchopneumonitis and pulmonary edema. Oxygen. intermittent positive pressure breathing and aerosol ized bronchodilators are of therapeutic value in the 1 ight to moderate inhalatiQn. A severe inhalation should be hospital ized and treated as a respiratory emergency. Any chlorine inhalation in an individual with compromised pulmonary function (COPD) should be regarded as a severe inhalation and a (Cant i nued on page 3) (R) Indicates a Trademark of The Dow Chemical Company 1J11 lot ATE R I A L S A F E T Y D A T A SHE E T PAGE: 3 Product: CHLORINE, LIQUID Product Code: 16295 Effective Date: 05/04/99 Date Printed: 10/27/99 MSD: 001122 ------------------------------------------------------------------------ respiratory emergency. If a burn is present, treat as any thermal burn, after decontamination. Supportive care. Treatment based on judgment of the physician in response to reactions of the patient. 5. FIRE FIGHTING MEASURES FLASH POINT: METHOD USED: None Not appl icable FLAMMABLE LIMITS LFL: Not appl icable UFL: Not appl icable EXTINGUISHING MEDIA: Chlorine will react or cause reducing materials to burn without oxygen. Water is effective only as a cool ing media to reduce the reaction rate, however, water should not ~e eppiied directly to the chlorine leak. Where practical attempts should be made to reduce the avai lable reactants through the isolation of the reaction from the chemical supply. This should be attempted only by properly trained personnel using presc~ibed protective equipment. FIRE & EXPLOSION HAZARDS: May react to cause fire and/or explosion upon contact with many organic compounds. ammonia, hydrogen, or many metals, and with all metals, including steel, at elevated temperatures. FIRE-FIGHTING EQUIPMENT: A positive pressure self-contained breathing apparatus for respiratory protection and protective clothing. 6. ACCIDENTAL RELEASE MEASURES (See Section 15 for Regulatory Information) PROTECT PEOPLE: Clear non-emergency personnel from area. contact with eyes and skin. Do not apply water directly leak. Use appropriate safety equipment. For additional information, refer to "Exposure Controls/Personal Protection", MSDS Section 8. Avoid to PROTECT THE ENVIRONMENT: Contain material to prevent contamination of ~oj 1, surface water or ground water. CLEANUP: Contain spi II if possible. See MSDS section 13 for information on disposal. 7. HANDLING AND STORAGE (Conti nued on page 4 , over) (R) Indicates a Trademark of The Oow Chemical Company uu MAT E R I A L S A F E T Y D A T A S f: E E T PAGE: 1 Product: CHLORINE, LIQUID Product Code: 16295 Effective Date: 05/04/99 Date Printed: 10/27/99 MSD:001122 ------------------------------------------------------------------------ HANDLING AND STORAGE: No attempt should be made to handle or store chlorine wi thout a complete review of the Chlorine Manual. avai lable from the Chlorine Institute, Inc., 2001 L Street N.W., Washington, DC 20036. 8. EXPOSURE CONTROLS/PERSONAL PROTECTION ENGINEERING CONTROLS: Provide general and/or local exhaust venti lation to control airborne levels below the exposure guidel i'nes. ,Lethal concentrations may exist in areas with poor venti lation. EYE/FACE PROTECTION: Wear full-face respirator to prevent contact with vapors. Eye wash fountain should be located in immediate work area. SKIN PROTECTION: Use protective clothing impervious to this material. Selection of specific items such as gloves, boots, apron, or full-body sui t wi 11 depend on operation. Safety shower should be located in immediate work area. Remove con'. taminated clothing immediately and launder before reuse. Items which cannot be decontaminated, 'such as shoes, belts, and watchbands, should be removed and destroyed. RESPIRATORY PROTECTION: Atmospheric levels should be maintained below the exposure guideline. When respiratory protection is required for certain operations, use an approved air-purifying respirator. EXPOSURE GUIDELINE (5): Chlorine: ACGIH TLV and OSHA PEL are 0.5 ppm TWA, 1 ppm STEL. ACGIH classifies as A4. PEls are in accord with those recommended by OSHA, as in the 1989 revision of PEls. 9. PHYSICAL AND CHEMICAL PROPERTIES APPEARANCE: Amber color; I iquified gas under pressure; vaporizes to greenish - yel low gas. ODOR: Pungent odor. BOiliNG POINT: -29.3F (-34C) VAP. PRESS: 82 psig @ 68F, 20C VAP. DENSITY: 2.49,@ 32F,OC SOL. IN WATER: 0.73g/100g H20 @ 20C SP. GRAVITY: 1.47 @ 32F, OC; 53.2 psia 10. STABILITY AND REACTIVITY (Cont i nued on page 5) (R) Indicates a Trademark of The Dow Chemical Company '''~ MAT E R I A L S A F E T Y Product: CHLORINE, LIQUID Product Code: 16295 Effective Date: 05/04/99 D A T ASH E E T P.~GE: 5 Date Printed: 10/27/99 MSO: 001122 ------------------------------------------------------------------------ STABILITY: (CONDITIONS TO AVOID) Avoid proximity to flammable materials including chemicals. INCOMPATIBILITY: (SPECIFIC MATERIALS TO AVOID) Many organic compounds, ammonia, hydrogen, moist or hot steel, and many metals. May react explosively with some organics under confinement. HAZARDOUS DECOMPOSITION PRODUCTS: None. HAZARDOUS POLYMERIZATION: Will not occur. 11. TOXICOLOGICAL INFORMATION (See Section 3 for Potential Health Effects. For detailed toxicological data, write or call the address or non-emergency number shown in Section 1) SKIN: The dermal lDSO has not been determined. INHALATION: The lCSO for mice was 137 ppm and for rats 293 ppm for 1 hour. MUTAGENICITY: Has been shown to have mutagenic activity in bacteria. Results of mutagenicity tests in animals have been negative. 12. ECOLOGICAL INFORMATION (For detailed Ecological data, write or call the address or non-emergency number shown in Section 1) ENVIRONMENTAL FATE MOVEMENT & PARTITIONING: Partitioning from water to n-octanol is not appl icable. DEGREDATIDN & PERSISTENCE: Biodegradation is not appl icable. Chemical reaction (oxidation or reduction) is expected in the environment. Degradation is expected in the soil environment. Biodegradation may be reduced or stopped by excessively high (inhibitory) concentrations. Theoretical oxygen demand (ThOD) is calculated to be -0.23 p/p. ECOTOXICITY: Material is very highly toxic to aquatic organisms on an acute basis (LCSO/EC50 <0.1 mg/L in most sensitive species) . 13. DISPOSAL CONSIDERATIONS (See Section 15 for Regulatory Information) (Cont i nued on page 6 , over) (R) Indicates a Trademark of The Dow Chemical Company I'" MAT E R I A L S A F E T Y OAT ,\ SHE E T PAGE: 6 Product: CHLORINE, LIQUID Product Code: 16295 Effective Date: 05/04/99 Date Printed: 10/27/99 MSD: 001122 ------------------------------------------------------------------------ DISPOSAL: DO NOT DUMP INTO ANY SEWERS, ON THE GROUND OR INTO ANY BODY Of WATER. AI I disposal methods must be in compl iance with all Federal, State/Provincial and local laws and regulations. Regulations may vary in different locations. Waste character- izations and compl iance with appl icable laws are the responsi- bi 1 ity solely of the waste generator.' THE DOW CHEMICAL COMPANY HAS NO CONTROL OVER THE MANAGEMENT PRACTICES DR MANUFACTURING PROCESSES OF PARTIES HANDLING OR USING THIS MATERIAL. THE INFORMATION PRESENTED HERE PERTAINS ONLY TO THE PRODUCT AS SHIPPED IN ITS INTENDED CONDITION AS DESCRIBED IN MSDS SECTION 2 (Composition!lnforma\ion On Ingredients). fOR UNUSED & UNCONTAMINATED PRODUCT, the clude sending to a I icensed, permitted: incinerator or other thermal destruction preferred options in- recycler, reclaimer, device, and landfi 1 I. As a service to its customers, Dow can provide names of information resources to help identify waste management companies and other faci 1 ities which recyclel reprocess or manage chemicals or plastics, and that manage used drums. Telephone Dow's Customer Information Center at 800-258-2436 or 517-832-1556 for further details. 14. TRANSPORT INFORMATION U.S. DEPARTMENT OF TRANSPORTATION (D.O.T.): For DOT regulatory information, if required, consult transportation regulations, product shipping papers or contact your Dow representative. CANADIAN TOG INFORMATION: For TOG regulatory information, if required, consult transportation regulations, product shipping papers, or your Dow representative. 15. REGULATORY INFORMATION (Not meant to be all-inclusive--selected regulations represented) NOTICE: The information herein is presented in good faith and bel ieved to be accurate as of the effective date shown above. However, 'no warranty, express or impl ied is given. Regulatory requirements are subject to change and may differ from one location to another; it is the buyer's responsibil ity to ensure that its activities comply with federal, state or provincial, and local.laws. The following specific information is made for the purpose of complying with numerous federal, state or provincial, and local laws and regulations. (Cont i nued on page 7l (R) I ndicates a Trademark of The Dow Chemical Company III' MATERIAL SAFETY D A T A 5 I-j E E T PAGE: 7 Product: CHLORINE, LIqUID Product Code: 16295 Effective Date: 05/04/99 Date Printed: 10/27/99 MSD:001122 ------------------------------------------------------------------------ See other sections for health and safety information. U.S. REGULATIONS -------------------- -------------------- SARA 313 INFORMATION: This product contains the fol lowing substances subject tO,the reporting requirements of Section 313 of Title I I I of the Superfund Amendments and Reauthorization Act of 1986 and 40 CFR Part 372: CHEMICAL NAME CAS NUMBER CONCENTRATION ------------------------------------------------------------------------ CHLORINE 007782-50-5 100 % SARA HAZARD CATEGORY: This product has been reviewed according to the EPA "Hazard Categories" promulgated under Sections 311 and 312 of the Superfund Amendment and Reauthor i za t i on Act of 1986 (SARA Tit I e 111) and is considered, under appl icable definitions, to meet the fol lowing categories: An immediate health hazard A delayed health hazard A sudden release of pressure hazard A reactive hazard STATE RIGHT-TO-KNOW: The following product components are cited on certain state 1 ists as mentioned. Non-I isted components may be shown in the composition section of the MSDS. CHEMICAL NAME CAS NUMBER LIST -------------------------------------------- ----------- ------------ CHLORINE 007782-50-5 NJ2 NJ3 PAl PA3 ,NJ2=New Jersey Environmental Hazardous Substance (present at greater than or equa I to 1.0%). NJ3=New Jersey Workplace H,azardous Substance (present at greater than or equal to 1.0%). ' PA1=Pennsylvania Hazardous Substance (present at greater than or equal to 1.0%). PA3=Pennsylvania Environmental Hazardous Substance (present at greater (Cont i nued on page 8 . over) (R) I ndi cates a Trademark of The Dow Chemi ca I Company "lI MAT E R I A L S A F E T Y D A T A S H [ E T PAGE: 8 Product: CHLORINE, LIQUID Product Code: 16295 Effective Date: 05/04/99 Date Printed: 10/27/99 MSD: 001122 ------------------------------------------------------------------------ REGULATORY INFORMATION (CONTINUED) than or equal to 1.0%). --------------------- OSHA HAZARD COMMUNICATION STANDARD: This product is a "Hazardous Chemical" as defined by the OSHA Hazard Communication Standard, 29 CFR 1910.1200. CANADIAN REGULATIONS -------------------- -------------------- WHMIS INFORMATION: The Canadian Workplace Hazardous Materials Information System (WHMIS) Classification for this product is: A - compressed gas C - oxidizing material DIA - material is toxic with short exposure and low dose DIA - poisonous substance defined by TDG regulations E - corrosive to metal or skin Refer elsewhere in the MSDS for 'specific warnings and safe hand! ing information. Refer to the employer's workplace education program. CPR STATEMENT: This product has been classified in accordance with the hazard criteria of the Canadian Controlled Products Regulations (CPR) and the MSDS contains all the information required by the CPR. HAZARDOUS PRODUCTS ACT INFORMATION: This product contains the fol lowing ingredients which are Controlled Products and/or on the Ingredient Disclosure List (Canadian HPA section 13 and 14): COMPONENTS: CAS # Chlorine CAsH 007782-50-5 AMOUNT (%w/w) 99.8% 16. OTHER INFORMATION MSDS STATUS: Converted to 16 section. Revised Sections 3, 4, 6, 7, 11, 12, 13, 14 and 15. (R) Indicates a Trademark of The Dow Chemical Company The Information Herein Is Given In Good Faith, But No Warranty, Express Or Impl ied, I s Made. Consul t The Oow Chemical Company For Further Information. 0119 The City of Boynton Beach C(( Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6320 FAX: (561) 742-6306 REQUEST FOR BID FOR ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID # 014-2821-05/CJD Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: December 29. 2004. No Later Than 2:30 P.M. (Local Time). Bids will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated All bids received will be publicly opened and read aloud. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that a bid can be considered. The City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid and no award has been made. Any questions relative to any item(s) or portion of this bid should be directed to Carol Doppler, CPPB, Senior Buyer, (561) 742-6323. Americas Gateway to the Culfi;tream . The following language is made a part of and is to be included in the specifications hereto attached: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name or vendor catalog number is mentioned it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR EOUAL is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within his bid and to prove to the City that said product is equal to that specified and to submit brochures, samples, and/or specifications in detail on item( s) submitted. The City shall be the sole judge concerning the merits of the bid submitted. SCOPE OF BID: The City of Boynton Beach Utilities Department is seeking a firm price per dry ton for the purchase of Sodium Hydroxide for one (1) year to be used at the West Water Treatment Plant located at: 5469 W. Boynton Beach Blvd., Boynton Beach, Florida. Contact: City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 (561) 742-6323 - Carol Doppler Office Hours: MONDAY - FRIDAY, 8:00 A.M. TO 5:00 P.M. Rev 040303 2 SPECIFICA nONS FOR Annual Supply of Sodium Hydroxide (Liquid Caustic Soda) Scope of Work: The City of Boynton Beach Utilities Department is seeking a firm price per dry ton for the purchase of Sodium Hydroxide for one (1) year to be used at the West Water Treatment Plant located at: 5469 W. Boynton Beach Blvd., Boynton Beach, Florida. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets (Pages 3-5) with the proposal sheet in order for a bid to be considered. ~ I. Acceptable Standard: Rayon Grade - Sodium Hydroxide ---x-2. Sodium Hydroxide will be shipped as liquid caustic soda. * 3. Delivery will be a twenty (20) ton minimum load (3,135 gallons). * MinimURI deli very on 50% material is 3,500 gallons, on 25%, 4,000 gallons -X- 4. Total Anticipated Annual Volume (not guaranteed) is 50,000 gallons, 638,000 Ibs., or 80 dry tons from November 1st - March 31st of 25% NaOH and 65,000 gallons, 829,400 Ibs. or 207 dry tons from April I 51 - October 31st of 50% NaOH. --x--5. The bidder must submit a certificate of compliance and a certificate analysis, as to the composition of the product with the bid. ---x-6. The successful bidder's shipper is responsible for matching our receiving tank equipment with their tank discharge system. ~7. The successful bidder must supply M.S.D.S. (Material Safety Data Sheets) on the product and conduct a one (1) hour safety seminar on site for staff who will handle this material. -X- 8. The successful bidder will provide a representative to visit the plant a minimum of two (2) times per year to coordinate shipping, safety, unloading and to inspect the results of product on the feed system. -x-9. Coordinate all deliveries between the business hours of 7:00 a.m. and 4:00 p.m., Monday through Friday with the exception of holidays. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 BID SPECIFICATIONS CONTINUED........................... CAUSTIC SODA. LIQUID (SODIUM HYDROXIDE - NaOH) 25% RAYON GRADE REFERENCE LCP TEST METHODS SPECIFICA nONS SODIUM HYDROXIDE 24.0 - 26.0 % BY WT. (AS NaOH) ACS 1.17 SODIUM OXIDE 18.0 - 19.5 % BY WT. (N!l20) ACS 1.17 SODIUM CARBONATE 0.02% (MAX.) (N!l2C03) ACS 1.15 SODIUM CHLORIDE 0.004% (MAX.) (NaC1) CCS 1.15 SODIUM SULFATE 0.01% (MAX.) (N!l2S04) SCS 5.01 IRON (Fe) 4.0 PPM (MAX.) ICS 2.06 MERCURY (Hg) 0.5 PPM (MAX.) MCS 3.07 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 4 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BID SPECIFICATIONS CONTINUED................. CAUSTIC SODA. LIOUID (SODIUM HYDROXIDE - NaOH) 50% RAYON GRADE REFERENCE LCP SPECIFICATIONS TEST METHODS SODIUM HYDROXIDE 49.0 - 51.0% BY WT. ACS 1.17 (AS NaOH) SODIUM OXIDE 38.0 - 39.5% BY WT. ACS 1.17 (Na20) SODIUM CARBONATE 0.02% (MAX.) ACS 1.15 (Na2C03 ) SODIUM CHLORIDE 0.004% (MAX.) CCS 1.15 (NaCl) SODIUM SULFATE 0.01% (MAX.) SCS 5.01 (Na2S04) IRON (Fe) 4.0 PPM (MAX.) ICS 2.06 MERCURY (Hg) 0.5 PPM (MAX.) MCS 3.07 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 5 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The bidder is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the bidder will in no way relieve them from responsibility. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. All bid forms must be executed and submitted in the envelope (generally "yellow") provided by the City for easy identification. The bid submittal envelope is provided in each bid package and is attached to the "Statement of No Bid" form. The face of the envelope shall contain the company's name and address, bid title, number, bid date and time. When the bid submitted is larger than the envelope provided, insert requested information and material into a large envelope, affix the bid envelope to the outside and fill in all requested information. Bids not submitted on attached bid forms may be rejected. All bids are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a bid, respond by returning one copy of the "STATEMENT OF NO BID" in the envelope provided (generally "yellow"), and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID OPENING: Shall be public, on the date as specified on the bid form. It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid opening. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are not so delivered, will not be considered. The City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid and no award has been made. Offers by telegram or telephone are not acceptable. RIGHT TO REJECT BID: Right is reserved to reject any or all bids and to waive technical errors, or to accept any bids that are in part deemed as the best responsible bidder which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. This would include specifications, delivery requirements, the initial purchase price, life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but not 6 necessarily limited to conformity to the specifications, including timely delivery, product warranty, a bidder's proposed service, ability to supply and provide service, delivery to required schedules and past performances in other contracts with the City or other government entities. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the best responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid opening time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid unless the bidder specifies otherwise; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performances; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. 7 INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid opening. Inquiries must reference the date by which the bid is to be received. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL OUANTITIES: The right is reserved to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the opening of the bids. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with the issuing office and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addendum(s) in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rej ected. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 8 ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or whatsoever, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes, 1971. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all reprocurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notifY the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REOUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. ON PUBLIC ENTITY CRIMES - All Invitations to Bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: 9 "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list". ADVERTISING: In submitting a bid, the bidder agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the moneys which may be come due hereunder are not assignable except with the prior written approval of the City. LIABILITY: The supplier hold and save the City of Boynton Beach, Florida its officers, agents, volunteers and employees harmless from liability of any kind in the performance of this Contract. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: This bid may be expanded to include other governmental agencies. In some cases, Cooperative Purchasing Agreement exists or an Interlocal Agreement for joint purchasing exists between the City of Boynton Beach and the other public agency. All bidders submitting a response to this Invitation to Bid agree that such response also constitutes a bid to ALL POLITICAL SUBDIVISIONS OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, under the same conditions, for the same price(s) and the same effective period as this bid. This agreement in no way restricts or interferes with the right of ANY POLITICAL SUBDIVISION OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, to re- bid any or all items. It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this advertised request constitutes a bid made under the same conditions, for the same Contract price, and for the same effective period as this bid, to the PALM BEACH COUNTY SCHOOL BOARD. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the best responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all bids and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an improper award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the best responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. lO AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. PRICES. TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the UTILITIES DEPARTMENT and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. II TIME OF DELIVERY: Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Deputy Director of Financial Services and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to: Dave Ailstock. Chief Operator (561) 742-6450. RENEWAL: The Assistant to the Finance Director may renew the contract, at the same terms, conditions, and prices, for one (1) year subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 12 SPECIAL CONDITIONS FOR BIDDERS I. It will be the responsibility of the successful bidder to supply necessary labor for placement of all equipment as specified. 2. Award is anticipated on an all-or-none basis; however, where applicable, item by item offers will be considered and the best combination will determine the award. 3. The City by written notice, may terminate in whole or in part any Contract resulting from the invitation, when such action is in the best interest of the City. If the Contract( s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 4. It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of his personnel are working on City of Boynton Beach property. Loss bv fire or anv other cause shall be the responsibilitv of the vendor until such time as the items and/or work has been accepted bv the Citv. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. 5. When considering and evaluating bids, an advantage will be given on items for which parts and service are sufficiently available locally so that excessive down time will not occur. Bidder should be ready to furnish information on availability on parts and service upon request by the City. 6. The City of Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a bidder, including past performance (experience) with the City in making the award in the best interest of the City. 7. The successful bidder shall at all times guard from damage or loss of property of the City or of other vendors or Contractors and shall replace repair any loss or damage unless such has been proven to have been caused by the City, other vendors or Contractors. The City may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful bidder or his agent. 8. Vendor to indicate number of days required for delivery. 13 City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) nnnn_nunnnnnn_nhnnn__________nnnnnnnnhnnnnn______________________nnn____n_~nnnnn_nn~hnnnnn_ MINIMUM LIMITS REOUIRED -----..~.---------------...---------------.....----------------...__________________________________..n______nn___._h_____________..... General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement u:ad Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire u:gal Liability General Aggregate Products.Comp/Op Agg. Personal & Adv. Injury Each Occurrence Fire Damage (anyone fire) Med. Expense (anyone person) $ 1,000,000,00 $ 1,000,000,00 $ 1,000,000,00 $ 1.000,000,00 $ 50,000.00 $ 5,000.00 nn_hn____nnnnnh_____nnnnn....________nnn.Uh______nnnn.uh_____nnnn.._______nnnn...h_____nnn...________ Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos PIP Basic Intermodal Combined Single Limit Bodily Injury (per person) Bodily Injury (per accident) Property Damage Trailer Interchange $ 500,000.00 to be determined to be determined to be determined $ 50,000,00 -----.........________........._________.......hnn_.._.nn..hn______........._n_____._.......________n___....._________........____ Garage Liability Any Auto Garage Keepers Liability Auto Only, Each Accident Other Than Auto Only Each Accident Aggregate $ ] ,000,000,00 S ] 00,000,00 $ ] ,000,000,00 $ ] ,000,000,00 Excess Liability Umbrella Form ....._________........_______.n__......_________......___________.....__._n_______........._________........_________........._______h._ to be determined to be determined Each Occurrence Aggregate _____........._________.._n...___________......._________.......__n_n___..._....n________.........________........._________...________ Worker's Compensation Employer's Liability Each Accident Disease, Policy Limit Disease Each Employee Statutory Limits $ ]00,000,00 $ 500,000,00 $ 100,000.00 Property n.__......_..________........._________.._..._________._._..____n_.......__....__n..__....._.._________n....._.._______....._________.. $ 300,000,00 Homeowners Revocable Permit Builder's Risk Limits based on Project Cost ......--------.----....--.---------...-.---------.........--------.........---------.-.......-----__.........._____+n_.........__...nn.. to be determined Other. As Risk Identified -----......-----..----..-..--.--------....---------.........---------........---------...-.....--------_.........______h.........___..n THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 14 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: November 30, 2004 Bid Title: ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) Bid Number: #014-2821-05/CJD Bid Received By: DECEMBER 29, 2004, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: DECEMBER 29, 2004, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Allied Universal Corp. Federal I.D. Number: 59 0776285 A Corporation of the State of: Florida Area Code: 305 Telephone Number: 888-2623 Area Code: 305 FAX Number: 463-8369 Mailing Address: 3901 N.W. 115 Ave. City/State/Zip: Miami, FL 33178 Vendor Mailing Date: December 17, 2004 ~<..... ---i} .,~ Authorized Si re Catherine Guillarmod Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 15 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: December 17, 2004 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product called for. When submitting more than one bid proposal price for this product, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product in accordance with the specifications for the sum of: 25% SOLUTION: SODIUM HYDROXIDE $ 745.28 Unit Price Dry Ton (Minimum Delivery 4,000 Gallons) 50% SOLUTION SODIUM HYDROXIDE: $ 514.80 Unit Price Dry Ton (Minimum Delivery 3,500 Gallons) ALL PRICES F.O.B. BOYNTON BEACH Anticipated Annual Volume is 1,467,400 pounds per year. (638,000 of 25% + 829,400 of 50%) or 287 dry tons (80 of25% + 207 of50%). Certificate of Compliance/analysis submitted? Yes Product Brand: Sodium Hydroxide - Rayon Grade - Caustic Soda, Liquid MSDS submitted? Yes Unit Price per Dry Ton shall be firm through the Contract Period. It is further agreed that the product will be delivered within 3 worllalendar days from the date of the Purchase Order from the City. THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 BID PROPOSAL CONTINUED............. Number of Bid Proposal prices submitted 2 Specification "check-off' sheets (Pages 3-5) submitted Yes YesINo Allied Universal Corp. COMPANY NAME -Inri__ :&r'~ TURE Catherine Guillarmod PRINTED NAME ( ,no; ) see 16?3 TELEPHONE NUMBER Executive Administrator TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: ~ad. rfl'~4 NAME - SIGNA Sworn and subscribed before me this 17th day of December ,2004_ Printed Information: Catherine Guillarmod NAME Executive Administrator TITLE J~,w\/aJ ~(l)V;Jr\t'J,yt l~nlOLj NOTARY PUBLIC, State of Florida at Large Allied Universal Corp. COMPANY "::1\: Tawana Houston ! ~ j My eom_ DD2mll8 \;....i Ex,",". June 12. 2007 "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO x If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 19 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifYing employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifYing the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (I). 4) In the statement specified in subsection (I), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL I RDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 9' 20 . ' STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this fonn to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of veudor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid #014-2821-05/CJD for ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIOUID CAUSTIC SODA) because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specifY below) REMARKS: IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES (t?"," ''1.. VI.-CONSENT AGENDA ITEM B.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 Meetinl! Dates in to City Clerk's Office D December 7, 2004 November 15, 2004 (Noon.) D February 1,2005 January 17,2005 (Noon) D December 21, 2004 Deccrnber6,2004 (Noon) [8J February 15, 2005 January 31, 2005 (Noon) D January 4, 2005 December 20, 2004 (Noon) D March 1, 2005 February 14, 2005 (Noon) D January 18,2005 January 3, 2005 (Noon) D March 15,2005 February 28, 2005 (Noon) D Administrative D Development Plans NATURE OF [8J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: A motion to award the "CLASSIFICATION & COMPENSATION STUDY" RFP # 015- 1610-05/CJD to MGT OF AMERICA, of Tallahassee, Florida with an estimated expenditure of: $66,000.00. EXPLANATION: On January 5, 2005, Procurement Services opened and tabulated eleveu (11) proposals to our RFP "Classification & Compensation Study". An evaluation committee was formed and reviewed all proposals. The committee consisted of the following staff and one (1) member of the Committee was from the City of Delray Beach. Mr. Harry Hamilton, Human Resource Director for the City of Delray Beach, Bill Mummert, Finance Director, Jeff Livergood, Public Works Director, Patricia Sholos, Benefits Administrator, and John Jordan, Assistant1,lu"!,,I!-~ Resource Director. A numerical scoring system was utilized to evaluate each proposal against the requlr.me\it~ established in the RFP. All the proposals were then ranked based upon the evaluation criteria. The ~rt IW::, consisted of two (2) consultants. MGT of America and Management Advisory Group, Inc. Both consulfill'g finnS' were asked to meet with the evaluation committee on January 21, 2005 to give a presentation. It was a u~ini~ vote that MGT of America was the most responsive responsible Consultant that met all criteria. -':::S .""-- ')--..,' PROGRAM IMPACT: It has been determined by staff that the City's Classification and Compensation St~y ~g to be re-evaluated and updated. " -,., co a -- fTl C:> ~p Ill.:? :::::r. FISCAL IMPACT: ACCOUNT DESCRIPTION: OTHER CONTRACTUAL SERVICES: ACCOUNT #: 001-1610-513.4 S A~~ SSlstant to t e mance nectar Procurement Services Department Name City Attorney / Finance I Human esources S:\8ULLETlNIFORMSIAGENDA ITEM REQUEST FORM DOC C: John Jordan - Assistant Human Resource Director File 1 2 3 RESOLUTION NO. ROS- 4 5 A RESOLUTION OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, APPROVING THE AWARD OF 7 RFP #015-1610-05/CJD TO MGT OF AMERICA, TO 8 PROVIDE A CLASSIFICATION AND 9 COMPENSATION STUDY FOR THE CITY OF 10 BOYNTON BEACH; AUTHORIZING THE CITY 11 MANAGER TO EXECUTE AN AGREEMENT 12 BETWEEN THE PARTIES; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 WHEREAS, on January 5, 2005, Procurement Services opened and tabulated 16 eleven (1 l) proposals to the RFP "Classification & Compensation Study"; and 17 WHEREAS, after review and evaluation it has been determined appropriate by staff 18 to recommend award of this RFP to MGT of America of Tallahassee, Florida whose RFP 19 was overall responsive and responsible proposer; and 20 WHEREAS, upon recommendation of staff, the City Commission of the City of 21 Boynton Beach does hereby approve the award of RFP No.015-161O-05/CJD to MGT of 22 America of Tallahassee, Florida, with an estimated expenditure of$66,000.00. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 26 as being true and correct and are hereby made a specific part of this Resolution upon 27 adoption hereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 29 approves the award of RFP No. 015-l610-05/CJD to MGT of America of Tallahassee, 30 Florida, for a Classification & Compensation Study with an estimated expenditure of S:\CA\RESO\Agreements\Bid Awards\Award of RFP - MGT Class & Pay study.doc DEPARTMENT OF HUMAN RESOURCES MEMORANDUM NO. 05-008 To: Via: From: Mary Munro, Purchasing Agent / Assistant to the Finance Director Wilfred Hawkins, Assistant City Manager John Jordan, Assistant Director, Human Resources Date: Subject: January 24, 2005 Evaluation Committee Recommendation for the Classification and Compensation Study Based upon the information provided during the process summarized below, the RFP Evaluation Committee recommends MGT of America as the consulting firm to complete the Classification and Compensation Study for the City of Boynton Beach. . By the closing of the submission window on 01/05/05, the City received eleven (11) proposals to conduct a Classification and Compensation Study. · The RFP Evaluation Committee met on 01/14/05, after reviewing the proposals, to discuss and rank the submissions. The evaluation committee consisted of: o Bill Mummert, Finance Director o Jeff Livergood, Public Works Director o Harry Hamilton, Human Resources Director, Delray Beach o Patricia Sholos, Benefits Administrator o John Jordan, Assistant HR Director . A numerical scoring system was utilized to evaluate each proposal against the requirements established in the RFP. All proposals were then ranked based upon the evaluation criteria. · Based upon the ranking process, two proposals ranked substantially above the others. They are MGT of America and Management Advisory Group, Inc. (MAG), with MGT scoring well above MAG. Subsequently, both organizations were asked to present their proposals to the evaluation committee. . On 01/21/05 the evaluation committee met with a representative from MGT, and then from MAG. Based upon their submitted proposal and presentation, and under the open interrogation of the evaluation committee, MGT of America stood out as the clear choice for all the committee members. MGT clearly demonstrated a proven ability to meet or exceed the requirements of the City's Classification and Compensation Study. . The Classification and Compensation Study RFP Evaluation Committee recommends MGT of America as the consulting firm to complete the Classification and Compensation Study, cc: Kurt Bressner, City Manager Wilfred Hawkins, Assistant City Manager Bill Mummert, Finance Director Jeff Livergood, Public Works Director Harry Hamilton, Human Resources Director, Delray Beach Patricia Sholos, Benefits Administrator Carol Doppler, Purchasing 7'/!'-;:;V HUMAN RESOURCES MEMORANDUM NO. 05-008 HR Director *******KOST RESPONSIBLE RESPONSIVE RESPONDENT WHO MEETS ALL CRITERIA**** ~~ Y Munr , Assistant to the Finance Director/Purch Agent NAME OF RFP: CLASSIFICATION AND COMPENSATION STUDY "Offers from the vendors listed herein are received timely as of the above receiving da;e and time. All other offers submitted in response to thiS solicitation, RFP OPENING DATE:JANUARY 5,2005 RFP OPENING TIME:2:30 P.M. RFP #: 015-1610-05/CJD f any, are hereby rejected as late" '*~~~-*~ VENDORS MGM'T ADVISORY GROUP, INC. MGT OF AMER'IC,l>; PALMER & CAY. INC. 15974 COVE LANE 2123 CENTRE POINTE BLVD. 76 SOUTH LAURA STREET #1400 MONTCLAIR. VA 22026 TALLAHASSEE, FL 32308-4930 JACKSONVILLE, FL 32202 CONTACT: DONALD C. LONG CONTACT: W.K. BOUTWELL CONTACT: KAREN COLLINS TELEPHONE: 703-590-7250 TELEPHONE: 850-386-3191 TELEPHONE: 904-633-9400 FAX: 703-590-0366 FAX: 850-385-4501 FAX: 904-633-7580 PROPOSAL PRICE $62,200.00 $66,000.00 $79,805.00 ORIGINAL & (5) COPIES SUBMITTED YES YES YES PROPOSER'S QUALIFICATIONS YES YES YES SUBMITTED ANTI-KICKBACK AFFIDAVIT YES YES YES SUBMITTED NON-COLLUSION AFFIDAVIT YES YES YES SUBMITTED MINORITY OWNED BUSINESS YESIYES A MINORITY OWNED YES/NOT A MINORITY OWNED YES/NOT A MINORITY BUSINESS/CERTIFIED BUSINESS OWNED BUSINESS CONFIRMATION OF A DRUG FREE YES YES YES WORKPLACE SCHEDULE OF SUB-CONTRACTORS YES/NA YES/NA YES/NA SUBMITTED COMMENTS RFP: CLASSIFICATION AND COMPENSATION STUDY "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, f any, are hereby rejected as late" RFP OPENING DATE:JANUARY 5.2005 RFP OPENING TIME: 2:30 P.M RFP #: 015-1610-05/CJD THE WATERS CONSULTING GROUP 2695 VILLA CREEK DRIVE STE 104 DALLAS, TX 75234 CONTACT: STACY LAYTON WATERS TELEPHONE: 972-481-1950 FAX: 972-481-1951 $46.950.00' THE SEGAL COMPANY 2018 POWERS FERRY RD., STE 850 ATLANTA, GA 30339-5003 CONTACT: ELLIOT R. SUSSELES TELEPHONE: 678-306-3100 FAX: 678-306-3190 $118,000.00' VENDORS PROPOSAL PRICE: COPIES SUBMITTED ORIGINAL & (5) YES YES YES PROPOSERS QUALIFICATIONS SUBMITTED YES YES ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES NON-COLLUSION AFFIDAVIT SUBMITTED YES/NOT AMINORITY OWNED BUSINESS YES CONFIRMATION OFMINORITY OWNED BUSINESS YES YES CONFIRMATION DRUG FREE WORKPLACE SUBMITTED YES/NA YES/NA SCHEDULE OF SUBCONTRACTORS SUBMITTED VARIABLE & OPTIONAL COSTS SUBMITTED . 'OPTIONAL FEE COMMENTS WOOers from the velldors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late' RFP CLASSIFICATION & COMPENSATION STUDY RFP DUE DATE: JANUARY 5, 200S RFP DUE TIME: 2:30 P.M. RFP # 015-1610-05/CJD CONDREY & ASSOCIATES, INC. P.O. BOX 7907 ATHENS, GA 30604-7907 CONTACT: STEVE CONDREY TELEPHONE: 706-548-8938 FAJ<: 586-816-4067 $49,500.00 CODY & ASSOCIATES, INC. 305 JACK DRIVE COCOA BEACH, FL 32931 CONTACT: N.E. PELLEGRINO TELEPHONE: 321-783-3720 FAJ<: 321-783-4353 $29,800.00 NC, BENNETT YARGER & ASSOC. 23 DOCTOR'S HILL DRIVE SCITUATE, MA 02086 CONTACT: DONALD I. JACOBS TELEPHONE: 781-545-7616 FAJ<: 781-267-8500 $35,000.00 VENDORS PROPOSAL PRICE YES YES YES COPIES SUBMITTED PROPOSER'S QUALIFICATIONS SUBMITTED (5) ORIGINAL AND YES YES YES ANTI-KICK BACK AFFIDAVIT SUBMITTED YES YES NOT SUBMITTED NON-COLLUSION AFFIDAVIT SUBMITTED YES YES NOT SUBMITTED YES/ NOT A MINORJlY OWNED BUSINESS YES/NOT A MINORITY OWNED BUSINESS YES NOT SUBMITTED MINORITY OWNED BUSINESS CONFIRMATION OF A DRUG FREE WORKPLACE YES NOT SUBMITTED SCHEDULE OF SUB- CONTRACTORS SUBMITTED YESIINCOMPLETE YES/NA NOT SUBMITTED COMMENTS NAME OF RFP:CLASSIFICATION AND COMPENSATION STUDY "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, f any, are hereby rejected as late" RFP OPENING DATE: JANUARY 5, 2005 RFP OPENING TIME: 2:30 P.M. RFP #: 015-1610-05/CJD HRPC P.O. BOX 2683 BRANDON, FL 33509-2683 CONTACT: MAC MCDOWELL TELEPHONE: 813-657-8128 FAX: 813-657-9127 $46.800.00 HR MANAGEMENT PARTNERS, INC. 1938 WESTPOINTE CIRCLE, STE 350 ORLANDO, FL 32835 CONTACT: JUANA AYERS TELEPHONE: 407-765-4979 FAX: 407-532-4823 $43,751 FOX, LAWSON & ASSOC. 1335 COUNTY ROAD D. EAST ST. PAUL, MN 55109-5260 CONTACT: JAMES FOX TELEPHONE: 651-635-0976 X12 FAX: 651-635-0980 $83,200.00 VENDORS PROPOSAL PRICE .50 COPIES SUBMITTED ORIGINAL & (5) YES YES YES YES PROPOSER'S QUALIFICATIONS SUBMITTED YES YES YES ANTI-KICK BACK AFFIDAVIT SUBMITTED YES YES YES NON-COLLUSION AFFIDAVIT SUBMITTED YES YES MINORITY OWNED BUSINESS YES/CERTIFIED YES/CERTIFIED YESIINCOMPLETE YES CONFIRMATION OF A DRUG FREE WORKPLACE YES YES/NA YES YES/NA YES/NA SCHEDULE OF SUBCONTRACTORS SUBMITTED COMMENTS ATTACHMENT "B" CONSULTANT AGREEMENT FOR CLASSIFICATION AND COMPENSATION STUDY THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and MGT of America, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform CONSULTANT services in connection with the project designated CLASSIFICATION AND COMPENSATION STUDY. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required to develop recommendations and timetable for implementation including a four (4) year plan to maintain and keep the plan competitive and current unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to Consultant shall not exceed $66.000.00 without express written modification of the agreement signed by the City. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertammg to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-l ATTACHMENT "B" 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Consultant shall indemnifY, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$I,OOO,OOO. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution ofthis agreement. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making ofthis contract. CA-2 ATTACHMENT "B" For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHffiITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, ifthe City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Consultant shall be sent to the following address: MGT OF AMERICA 2123 CENTRE POINTE BLVD. TALLAHASSEE, FL 32308-4930 ATTN: W.K. BOUTWELL CA-3 ATTACHMENT "B" 17 . INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this _ day of ,20_ CITY OF BOYNTON BEACH City Manager MGT OF AMERICA Consultant Attest! Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attestl Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA-4 --'\ EXHIBIT "A" SCOPE OF SERVICES . The following indicates the major objectives of the project. 1. Assist the Administration and Board of City Commissioners in target market identification. 2. Review all position classifications, comparing internally within the City as well as externally with other selected local government entities both in Palm Beach County and those of similar size within the Southeastern region of Florida and the private sector, making detailed recommendations (collapsing classes, creating new classes, developing career ladders, etc.) as appropriate. 3. Evaluate current salary structure, comparing with other local government entities in Palm Beach County and those of similar size within the Southeastern region of Florida, and the private sector, making recommendations (broadening our bands, using market indices, addressing compression, internal equity, skills based salary systems,) as appropriate. 4. Perform an analysis of all positions and identify essential duties, ADA requirements. Review and revise the descriptions for each position, specifically including FLSA designations. 5. Review current compensation and classification procedures and recommend necessary changes, including executive and management compensation programs, and incentive and assignment pay programs. Further develop electronic administrative resources necessary to maintain Human Resources Compensation and Classification system on an in-house basis. 6. Provide a detailed cost analysis report for implementing the recommended changes. 7. Develop a revised Pay Plan, collapsing the four pay schedules into one pay schedule, demonstrating that the information used as benchmarks is appropriate to the City of Boynton Beach and current with relation to the market. 8. Recommend resources necessary to maintain Human Resources Compensation and Classification systems (on-line, in-house). 9. Update and create job specifications as needed in electronic format. 10. Develop recommendations and timetable for implementation including a four (4) year plan to maintain and keep the plan competitive and current. 1 I. Develop a communications plan encompassing the entire project, informing the organization of their involvement in the process, monthly progress reports, final results and implementation plan. 12. The awarded consultant will provide five copies of the initial written draft of the study's conclusions and recommendations submitted to the Director of Human Resources for review. Following the City's review and revision of the report, 12 copies of the final written report, and one electronic copy, will be submitted to the City Commission. 13. At the conclusion of the study, the awarded consultant will make a formal presentation to City management and officials, describing methodology, findings and recommendations. This presentation will be scheduled after the final report has been submitted. The recommended system changes must meet all legal requirements, be nondiscriminatory and provide for compliance with all pertinent federal, state and local regulations. A Proposal to Conduct a Classification and Compensation Study , j '~, '~, . '" \ .', ,\ ~,~ ~ 4 Submitted to: The City of Boynton Beach, Florida A Proposal to Conduct a Compens,ation and Classification Study Submitted to: Ms. Carol Doppler, CPPB Senior Buyer City of Boynton Beach Procurement Services 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Submitted by: 1ST -of~ 2123 Centre Pointe Boulevard Tallahassee, Florida 32308-4930 FEIN # 59-1576733 January 5, 2005 TABLE OF CONTENTS PAGE 10 COVER LETTER 2.0 EXECUTIVE SUMMARY ....................................,.............................................2-1 3.0 DESCRIPTION OF WORK PROGRAM AND SCOPE OF SERVICES ............3-1 3.1 Project Overview ....................................................................................3-1 3.2 Classification and Compensation............................................................3-2 3.3 Major Work Tasks ........................,...........................,...........................3-11 3.4 Detailed Work Plan..........................,.....,..,........................................... 3-16 3.5 Proposed Time Line .............................................................................3-26 4.0 QUALIFICATIONS AND EXPERIENCE............................................................4-1 4.1 Proposed Management Structure and Organizational Chart...................4-1 4.2 Qualifications of Key Personnel..............................................................4-2 4.3 Relevant Experience.............................................................................. .4-7 4.4 Client Listing...............................................,..,..................................... .4-12 4.5 Sample Documents ..............................................................................4-14 4.6 Location of Office......................................,.....,................................... .4-14 4.7 References.............................,.......................................,...........,. ....... .4-14 5.0 COST BREAKDOWN ........................................,..............................................5-1 6.0 ADDITIONAL INFORMATION .......,..................................................................6-1 APPENDICES Appendix A: Detailed Resumes Appendix B: Required Forms Appendix C: Job Content Questionnaire@ Appendix D: Management Issue Papers@ 1.0 COVER LETTER 'MGT I~ of America I Over years of innovative January 3, 2005 Ms. Carol Doppler, CPPB Senior Buyer City of Boynton Beach Procurement Services 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Ms. Doppler: MGT of America, Inc. (MGT), is pleased to submit this proposal to conduct a Classification and Compensation Study (RFP # 015-161 0-05/CJD) for the City of Boynton Beach. MGT is uniquely qualified to meet the demands of this challenging project, given that our proposed team includes professionals with extensive human resources and local government experience, as well as proven ability to communicate and market new policy proposals. Working with government partners to create innovative and effective solutions in the public sector is all we do at MGT. Founded in 1974, and today with six offices across the country, MGT is one of the nation's leading public sector management consulting firms. As a Florida company, most of that experience has been right here in Florida. After a comprehensive review of the RFP, MGT understands that the major objectives of the study are to: . assist the Administration and Board of City Commissioners in target market identification; . review all position classifications, comparing internally within the City as well as externally with other selected local government entities both in Palm Beach County and those of similar size within the southeastern region of Florida and the private sector; . evaluate current salary structure, comparing with other local government entities in Palm Beach County and those of similar size within the southeastern region of Florida, and the private sector; . perform an analysis of all positions and identify essential duties, ADA requirements; . review and revise the descriptions for each position, speCifically including FLSA designations; Ms. Carol Doppler January 3, 2005 Page 2 . review current compensation and classification procedures and recommend necessary changes; . develop electronic administrative resources necessary to maintain Human Resources Compensation and Classification system on an in-house basis; . provide a detailed cost analysis report for implementing the recommended changes; . develop a revised Pay Plan, collapsing the four pay schedules into one pay schedule; . recommend resources necessary to maintain Human Resources Compensation and Classification systems (on-line, in-house); . update and create job specifications as needed in electronic format; . develop recommendations and timetable for implementation, including a four year plan to maintain and keep the plan competitive and current; and . develop a communications plan encompassing the entire project. We want the elected officials, employees, and taxpayers of Boynton Beach to feel confident after reading our report that they have received their tax dollars' worth of value. Our recommendations are sensitive to the fact that resources and budgets are not unlimited, so our reports are always fiscally responsible and reasonable. And because we know who pays the bills, we make sure our recommendations are able to stand up to the toughest scrutiny and questioning from the taxpayers themselves, as well as city officials who must make the tough decisions. We are prepared to initiate the project at the convenience of the city, and to complete all project activities, including the delivery of the final report, within 150 days. W. K. Boutwell, Ph.D., CEO and President, is authorized to negotiate contract terms and render binding decisions on contractual matters. My contact information is as follows: MGT of America, Inc., 2123 Centre Pointe Blvd., Tallahassee, FL 32308, (850) 386-3191, (850) 385-4501 FAX We look forward to working with the city's management team and employees. Please feel free to contact Jeffrey Ling, Ph.D., Partner, at (850) 386-3191 if you have any questions or require clarification on any aspect of our proposal. We look forward to the opportunity to exceed your expectations. N:\Proposal\063\04Prop\9555\Proposal Sections\Cover Letter.doc MIT -........ 2.0 EXECUTIVE SUMMARY 2.0 EXECUTIVE SUMMARY MGT of America, Inc. (MGT), proposes to conduct a classification and compensation study for the City of Boynton Beach. We conceptualize the project as consisting of classification analysis, compensation analysis, and the merger of classification and compensation analysis. We anticipate that the project will take approximately five months to complete. The final report will contain the following components: . Introduction - specifies the purpose of the study · Methodology - outlines the assumptions, methodology, and major work steps · Review of Current System - highlights the advantages and disadvantages of the current classification and compensation system · Market Analysis - presents the results of the salary survey . Proposed Classification and Compensation System - provides a summary of proposed classification changes and proposed pay plan · Implementation - presents the cost implications of the proposed solution and the necessary administrative steps · Class Descriptions - contains the revised class descriptions with current job tasks and revised FLSA designations · Communication Plan - specifies the manner in which proposed changes are to be communicated to employees MGT's approach provides a number of advantages to the City of Boynton Beach. Among the key components are: Automation - MGT has committed substantial resources to develop a system where City employees can submit their job information on-line. This approach saves time and money and reduces the potential for error that exists with transcription. Data Collection Tools - MGT has used its Job Content Questionnaire@ and Management Issues Papers@ in numerous local government settings, and the instruments have been validated in numerous settings. J.E.T. Software - MGT has developed proprietary software that integrates the Job Content Questionnaire@ information, Management Issues Papers@ and class description components. The software allows us to develop numerous implementation scenarios to provide the City with the best option for implementing the proposed solution. E- Page 2-1 Executive Summary Experience - MGT has conducted classification and compensation studies in a number of local government settings across the nation. Our consultants understand the unique issues associated with working in the public sector. This experience helps MGT work with its clients to develop innovative solutions. Knowledge of the Palm Beach Area - MGT has conducted human resources work throughout the Palm Beach area. Among our past clients are Miami-Dade County, the City of North Miami, and the City of West Palm Beach. Currently, MGT is conducting a classification and compensation study for the City of Lake Worth. ~ - - MGT has much to offer to the City of Boynton Beach. We appreciate the opportunity to submit this proposal and look forward to your response. MGT ~ Page 2-2 3,0 DESCRIPTION OF WORK PROGRAM AND SCOPE OF SERVICES 3.0 DESCRIPTION OF WORK PROGRAM AND SCOPE OF SERVICES 3.1 Proiect Overview After a comprehensive review of the RFP, MGT believes that the major objectives for the classification and compensation study for the City of Boynton Beach (City) are to: . Assist the City with developing an overall classification and compensation philosophy that equitably compensates employees for their contributions in accomplishing the City's objectives. . Use this philosophy to develop a classification system for all employees that is easily understood, defensible, and consistent with the city's philosophy and federal and state law. The system should allow for placement of all employees within a unified class and grade structure. . Determine the market value of each classification within the City's classification structure. By determining market value, the City will clarify external equity relationships, specifically within the Palm Beach County area and Southeast Florida. . Make use of all relevant data to merge internal equity and external equity considerations and produce an overall classification and compensation system that properly rewards employees. . Review the city's current classification descriptions and update them based on current conditions. Class descriptions should be based on work currently performed, and reflect current terminology and changes brought by technological updates. Additionally, the class descriptions should be updated to be consistent with recent changes to the Fair Labor Standards Act (FLSA) and the Americans with Disabilities Act (ADA). . Produce a report that clearly specifies the study's methodology, assumptions, results, and recommendations. The recommendations should include an implementation schedule, implementation costs, and an explanation of how the program will be implemented; i.e., what implementation options or strategies will best meet the City's needs. · Provide the City with the necessary tools and training to maintain the proposed compensation and classification system. . Provide the City with a comprehensive, well-reasoned classification and compensation system that is based on current classification and compensation philosophy. IGT ~ Page 3-1 Description of Work Program and Scope of Services MGT is uniquely qualified to conduct the defined scope of work. As an industry leader in management consulting for state and local governments across the nation, we understand the complexity of classification and compensation systems. Our consultants have firsthand knowledge of human resource management issues and are prepared to work collaboratively with all parties to make sound, easily implemented recommendations. In particular, we understand: . the need to ensure an appropriate number of system job classifications to enable the human resources department to manage the system effectively; · methods for working collaboratively with a broad range of stakeholders to generate solutions; . the Palm Beach County market; . the need to maintain fairness and competitiveness; and · policies and procedures that lead to effective salary administration, hiring and promotion practices, reduced employee turnover, better recruitment techniques, and improvements in employee morale. We will work closely with the City's project director and the management team at key project points to ensure an ongoing communication of issues, concerns, and study methodology. We believe such communications are particularly important at the outset of the study, at which time your compensation history and salary administration priorities will be shared and discussed in detail. Most important, MGT recognizes that in the current fiscal environment, every dollar matters. We are committed to providing recommendations that produce both internal and external equity while keeping in mind the interests of the other major stakeholders-namely, the taxpayers of Boynton Beach. 3.2 Classification and ComDensation In this section we present our general approach and underlying philosophy to conducting a classification and compensation study. While MGT firmly believes in maintaining maximum flexibility to meet your specific needs, we also believe that our potential clients should know our standard approach to classification and compensation analysis. This approach is presented immediately below. 3.2.1 Classification Employee classification begins with a thorough understanding of two key issues: an organization's work mission and the manner in which each job fits into this overall mission. All organizations are required to perform specific work tasks and structure themselves in such a way as to perform these tasks most effectively and efficiently. Whether it is formalized or not, each organization has an overall work mission consisting of specific subtasks. Each job contributes to one or more work tasks and the value of each job varies depending on that job's total contribution to the overall work mission. In other words, classification depends on the work mission, the structure designed to carry -- Page 3.2 Description of Work Program and Scope of Services out this mission, and the perceived value of each position in the overall accomplishment of the organization's work mission. MGT realizes that different organizations will have different work missions. For example, within the realm of local government, different cities perform different service mixes. Some cities offer more services than others do. Consequently, classification systems will vary depending on the work to be performed and the resulting structures developed to perform this work. When organizations develop these employment structures they make determinations about the level of qualifications, skills, knowledge, and abilities necessary to perform each job. When done properly, organization design will match the work mission and each job will serve one or more overall work objectives. Over time, new positions become necessary and technology and other factors restructure the nature of the work performed. If the overall classification design does not keep up with these changes, then a misalignment between the total work mission and the job classifications emerges. This is why all organizations (including city governments) must periodically evaluate their work mission and the resulting classification system. MGT begins each engagement by meeting with the Human Resources team to ascertain the client's overall work mission and obtain the employee database. At this time we discuss the rationale for the current composition of the classification structure and obtain background information on the structure's evolution. Another important activity undertaken at this time is the distribution of MGT's Job Content Questionnaires@ (JCQs) and Management Issues Papers@ (MIPs). These documents are critical to the job evaluation component. Once the employee database is obtained, it is then cleaned and made ready for MGT's customized software. After these items have been accomplished, MGT will provide the City with an initial written data assessment. We then conduct a general analysis to determine if any inconsistencies or problems with the current classification system exist. Typically, this analysis focuses on issues such as salary compression, outlier analysis, range distribution analysis, and checking for the degree of the "topping out" phenomena. This preliminary analysis helps us to better understand the current classification and compensation structure and alerts us for potential trouble spots. Reviewing current job descriptions is an integral part of the classification process. Job descriptions reveal the intended work tasks for each class, and serve as an indicator for the City's division of labor. Job descriptions provide an excellent frame of reference for later analysis of actual work tasks performed. and any deviation detected in work task analysis helps point out misalignment of the work mission and work performed. MGT has developed the capacity to have City employees enter their JCQ information directly into an established database through direct on-line access. This process not only reduces costs, it provides for greater accuracy. Once these data are entered, the next step is to examine the work tasks contained in the JCQs and develop job families. Job families are groupings of job classes based on similar types of work performed. Jobs are placed into job families to help us structure our analysis based on the actual work performed rather than simply relying on department designations and job titles. -- Page 3-3 Description of Work Program and Scope of Services After the jobs are grouped into job families, MGT will conduct a series of interviews with department heads to identify any issues that these key stakeholders may have related to classification or compensation. Department heads are likely to have the most thorough understanding of the work that is performed within their departments and how that work fits together and relates to the overall work mission. Once these interviews are conducted, we will conduct a series of focus groups with employees in each department. These focus groups are essential to uncover issues harbored by rank and file employees and to give employees more input into the classification and compensation process. Rank and file employees are much more likely to accept future recommendations if they feel they have had an opportunity to participate. Failure to receive employee input will likely lead to more appeals once the process is completed. The heart of the classification process is job evaluation. The next step in the process is to review the JCQs and MIPs at a central location and identify possible misclassifications. Once this is complete, all jobs are evaluated for each compensable factor and scores are assigned to each position. After the initial review is done, potential problems are identified and positions are identified for possible further evaluation. At this point, all positions have been evaluated and reclassification can take place. Possible outcomes include position reclassification, class elimination, additional classes, and the merger of existing classes. Special attention is paid to those positions identified for further analysis in the previous steps. The final step in the classification process is to present a report to the City that contains a summary of the point classification scores and the relative ran kings of each class. It is expected that the City will provide feedback, and some minor alterations are to be expected. Once these steps have taken place, the classification component of the study is complete and the classification component can be merged with the market study. This is done through basic regression analysis. This process is covered in greater detail in section 3.2.3. The classification process is presented schematically in Exhibit 3-1. -E- Page 3-4 Description of Work Program and Scope of Services EXHIBIT 3-1 CITY OF BOYNTON BEACH PROPOSED CLASSIFICATION PROCESS Internal Considerations I Classification Evaluation: Job Content Analysis J. Conduct a General Analysis to determine inconsistencies or problems with current classification system . Develop Job Families based on the broad type of work performed .. Conduct Interviews and Focus Groups to gather additional information that may not have been included in other documentation collected ~ . Evaluate JCQs and MIPs and summarize information in a central location. Also, flag outlying incumbents for additional analysis . Evaluate Jobs for Each Compensable Factor to determine initial score and identify those that may need additional analysis + Utilize Position Evaluation and Reclassification to conduct further analysis for those incumbents and classifications identified earlier J. Provide Interim Evaluation Reports to review the point factoring and relative ran kings of classes and update as necessary IGT -aj~ Page 3-5 Description of Work Program and Scope of Services 3.2.2 ComDensation MGT's approach to compensation analysis is based on the belief that compensation should be market-based, internally equitable, and strongly tied to organizational goals. These three factors are not always reflected in the current compensation system. The process of producing a compensation system that reflects these goals requires extensive analysis of the labor market, the relationship between jobs in the internal hierarchy, and assurance that the relative worth of each job to the organization is properly rewarded. After MGT has obtained information related to the City's pay policies, a general analysis is conducted to determine if the current policies are a good match with the City's stated compensation philosophy. This analysis also identifies any potential pay issues related to specific incumbent classes. Prior to conducting the actual market survey, MGT will work with City officials to establish an overall pay plan. This analysis will focus on any expectations regarding the number of pay grades, range widths, percentage differences between grades, step plans versus open range plans, and the expected time to reach full job competency. This step allows MGT to construct the framework of the pay plan system; however, the determination of the actual salary ranges must wait until the actual market analysis is complete. Determining the actual market rates for the respective classes requires close coordination with the City. A key component in defining the market is establishing the parameters of the analysis. Some organizations prefer to survey the marketplace. Others prefer to use readily accessible secondary data. Still others prefer a combination of the two approaches. MGT is comfortable with all three approaches, but prefers the combined option. Secondary data often provide a solid baseline for readily agreed upon classes, but survey data are useful for providing supplemental data for classes that are somewhat unique to the City of Boynton Beach. Another key component in market analysis is the determination of classes for which data will be collected. The selection of benchmark positions to be surveyed is a critical component in the compensation process. Typically, MGT likes to survey approximately 40 to 50 positions. Although it would be ideal to survey all positions, this is usually not possible when the total number of classifications is much greater than 50, since the survey response rate is directly related to the survey's length. Put simply, the more positions that are included, the lower the response rate tends to be. Benchmark positions are selected in consultation with the City and should reflect a broad range of departments, pay grades, and work functions. After the benchmarks are selected, the peer organizations are selected and a database of potential contacts is created. The selection of peer organizations can be contentious if employees have been dissatisfied with past peer selection. To ensure employee buy-in, MGT recommends that the selection of peers be a collaborative process between MGT and the City's project team. MGT likes to select the peer organizations based on the local labor competition. Peer organizations should be those organizations that compete with the City for labor. Different employee levels sometimes require slightly different peers since the labor market often varies depending on the job -- Page 3-6 Description of Work Program and Scope of Services that needs to be filled. Once the peers are selected, the survey is produced and sent to the City for final approval. After approval is obtained, the surveys are sent to the peer organizations for completion by their human resources personnel. MGT will do everything we can to ensure survey participation, but it must be recognized that survey participation on the part of the peers is a voluntary process. For this reason, MGT believes it is necessary to establish guidelines for the necessary response levels, and consensus must be reached before project initiation on the use of supplemental data sources. Supplemental data sources can be a valuable source of information, but the guidelines for their use must be established prior to the survey's submission. Once the surveys are sent to the peer organizations, MGT conducts the necessary follow-up calls to prompt responses and clarify any information that may be unclear. The compensation information that is received is placed in a database, cleaned, validated, and summarized. A separate report will be issued to the City that shows the results of the compensation survey. The overall compensation process is illustrated in Exhibit 3-2. -- Page 3-7 Description of Work Program and Scope of Services EXHIBIT 3-2 CITY OF BOYNTON BEACH PROPOSED COMPENSATION PROCESS External Considerations Compensation Evaluation: Market Analysis -! Conduct a General Analysis to determine actual pay practices and evaluate those incumbents outside of the current city . Determine Basic Structure of Proposed Pay Plan that reflects how the county currently values jobs based on current pay practices .. Establish Benchmarks that represent the span of salary ranges and the classifications assigned to them .. Determine Peer Organizations to survey for market salary comparisons + Prepare and Customize survey contents to meet the City's approval .. Collect, Validate, and Summarize survey responses .. Provide Draft of Survey Summary to the City and update as necessary -E- Page 3-8 Description of Work Program and Scope of Services 3.2.3 Meraina Classification With ComDensation The process of merging the classification and compensation study elements is the most difficult portion of any classification and compensation study. MGT has considerable experience performing this task and utilizes regression analysis to accomplish this work task. Regression analysis is a statistical technique that produces a line of best fit between two different variables. In this case, the JCQ point scores of the benchmark positions are used to predict the dollar value of the survey midpoints for these positions. A regression line is created that places each benchmark position along the line. The underlying premise of the regression analysis is that job classifications with greater relative worth to the organization will be valued more highly in the marketplace. Thus, higher JCQ values will be associated with higher salary levels. Regression analysis also produces a slope coefficient that permits us to predict dollar values for each position based on the number of JCQ points accumulated. It is important to note that the regression line is the result of the "best fit" between points and dollar ranges. Job classifications seldom if ever fall perfectly onto the regression line. The line can be considered the starting point for future job placement. After the regression line is created, it is possible to slot the remaining unsurveyed positions along the line based on the knowledge of the internal relationships between jobs. This information is acquired both from the JCQ points and the previous classification analysis performed. Slotting the unsurveyed positions is a process that requires great care, experience, impartiality, and judgement. These are the attributes that MGT's experienced staff can provide to the City to ensure a classification and compensation system that is both externally and internally equitable and valid. After the slotting process is complete, MGT will work with the City to produce an implementation system that will include implementation costs and an overall implementation plan. MGT is able to use its customized software to produce different implementation scenarios and can produce the phased-in implementation plan that the City desires. Exhibit 3-3 shows the total compensation and classification plan from start to finish. 1ST -aj~ Page 3-9 Description of Work Program and Scope of Services EXHIBIT 3-3 CITY OF BOYNTON BEACH PROPOSED CLASSIFICATION AND COMPENSATION MERGER Orientation Session and Data Collection I ... Obtain Employee Database, Clean and Provide Interim Data Assessment Report External Considerations ~ I Compensation Evaluation: Market Analysis .. Conduct a General Analysis to determine actual pay practices and evaluate those incumbents outside of the current system .. Determine Basic Structure of Proposed Pay Plan that reflects how the city currently values jobs based on cUrrent pay practices ... Establish Benchmarks that represent the span of salary ranges and the classifications assigned to them .. Determine Peer Organizations to survey for market salary comparisons .. Prepare and Customize SUNey conlents to meet the City's approval .. Collect, Validate, and Summarize survey responses .!- Provide Draft of Survey Summary to Ihe City and update as necessary 1 -. Internal Considerations I Classification Evalualion: Job Content Analysis ... Conduct a General Analysis to determine inconsistencies or problems with current classification system Develop Job Families based on the broad type of work performed Conduct Interviews and Focus Groups to gather additional information that may not have been included in other documentation collected .. Evaluate JCQs and MIPs and summarize information in a central location. Also, flag outlying incumbents for additional analysiS .. Evaluate Jobs for Each Compensable Factor to determine initial score and identify those that may need additional analysis .. Utilize Position Evaluation and Reclassification to conduct further analysis for those incumbents and classifications identified earlier )' . Provide Interim Evaluation Reports to the City to review the point factoring and reiative rankings of classes and update as necessary Reconcile internal and external considerations using regression analysis .- Slot classification along the regression line I ... Refine pay line to meet the City's needs -- . Page 3-10 Description of Work Program and Scope of Services 3.2.4 Class DescriDtions Typically, MGT likes to provide class descriptions toward the end of the study process. Class descriptions can be produced quickly and easily in MGT's customized software and can reflect different levels of sophistication. The software can draw directly from the factor evaluations and work tasks that have been entered into the JCQs, thus ensuring integration of class descriptions to the classification process. The JCQs that have been completed by City employees provide a rich source of data to be used in the revision of class descriptions. From these evaluation tools, MGT can determine current work tasks, amount of experience required, educational requirements, and levels of responsibility. They also provide critical information for the determination of exempUnonexempt status under FLSA and any special requirements a job may have for ADA consideration. 3.3 Maior Work Tasks In this section, we provide an overview of major study activities. After describing the initial start-up activities, we divide the activities into classification. compensation, reports, and system maintenance sections. 3.3.1 Initial Meetinas and Orientation Sessions Upon agreement to proceed, MGT's study team will meet with your project manager and designated representatives to discuss the study's objectives, along with the strengths and limitations of the current classification and compensation systems. MGT will seek input into your classification and compensation philosophies and preferences and address alternative compensation systems. MGT's representatives will then request documentation about current programs and discuss these systems to develop an understanding of your concerns. During these initial meetings, MGT will review the scope, content, and methodology of the study; encourage employee cooperation and commitment; and establish appropriate time frames for completing and returning necessary forms. Another major activity that takes place during the orientation sessions is the distribution and review of MGT's JCQs and MIPs. These documents, which are critical to the study's successful completion, are detailed in the classification section below. Our orientation briefings are a key component in the communication process, allowing staff members to ask questions and clarify their own roles and responsibilities during the study process. Similarly, these meetings allow employees to develop an understanding of their role in the study process and the importance of providing detailed information that may ultimately lead to revisions in the classification and compensation systems. -- Page 3-11 Description of Work Program and Scope of Services 3.3.2 Classification Study MGT employs a number of specially designed tools to assist us in conducting a thorough classification study. Among the tools are our registered JCQ, MIP, and J.E.T. (Job Evaluation Tool) software. As effective as these tools have been, however, the heart of our classification process is our staffs cumulative experience and expertise. MGT has conducted numerous publiC sector classification studies and is familiar with nearly all municipal jobs and the relationship between these jobs. This experience is critical to completing the study in an efficient and timely manner. Job Evaluation The first step in MGT's classification study is to gain a thorough understanding of the work performed by each city employee. This is done via the use of MGT's JCQ. MGT anticipates that all employees in each job classification included in the study will complete a comprehensive JCQ. The questionnaire will be used as a basis to: . document job duties; . analyze each job; · assist in determining necessary education, experience, and training (including certification and licenses) for individual positions; and . produce job factor scores. MGT will explain how to complete the questionnaire and the types of data required. Supervisors, principals, and department heads will be asked to review the forms completed by employees for completeness and accuracy, making additional comments as necessary. The JCQ includes various factors, such as: · judgment/decisions about data, people, and things; . cognitive requirements; . reasoning requirements; . mathematical requirements; . language requirements; . mental requirements; · vocational/educational and experience preparation; . Americans with Disabilities Act Requirements; · physical and dexterity requirements; · environmental hazards; and . sensory requirements. The questionnaire to be used in your proposed study will rely on a recognition process rather than the less precise recall approach. Our standardized questions are tailored to reflect work examples common to both field- and office-based staff, as necessary. The JCQ asks employees to recognize and check a level of responsibility or complexity that is appropriate for their job in each of the factors listed and provide a short written statement about why they picked that level. Based on the information provided in the completed JCQ, each jOb class is then normally evaluated by MGT's E- Page 3-12 Description of Work Program and Scope of Services J.E.T. software. The evaluation from this system results in a quantitative score for each job and establishes the relative ranking of positions within the compensation system. A sample copy of a portion of our questionnaire is provided as an appendix to this proposal. MGT's JCQ is a standardized instrument that allows for objective analyses of job content across organizations. Classification Designation The process of determining and recommending job classification titles that reflect existing technology and recent nomenclature is accomplished through examining both the work performed and the relationship between classifications. The JCQ is extremely important in this process, but the MIP is equally important because the use of these papers helps MGT staff identify potential misclassifications and recommend possible changes. These documents are filled out by managers and alert MGT staff to possible rank and title issues that may exist. Classification System The final development of the complete classification system is a result of using the information collected from the JCQ, MIP, existing job descriptions, organizational charts, and interviews to assemble a classification system that properly defines each employee's work duties and the proper relationship between job classifications. The classification system will build on current strengths and will address the problems that arise in any classification system over time. Additionally, the use of the JCQ during the classification process ensures that the system will be flexible enough to accommodate new positions brought about by the evolution of work responsibilities. The point factor system behind the JCQ ensures easy placement of new positions based on scores awarded to different levels of work performance. Class Descriptions The production of revised class descriptions is accomplished by using the data provided in the existing class descriptions and updating them with the information obtained from the JCQs. In addition to the necessary knowledge skills and abilities, the class descriptions will also include key work tasks entered in the JCQs and additional information such as FLSA status and ADA compliance information. City class descriptions will be produced in a consistent, easily understood format that can be used for recruitment and maintenance purposes. 3.3.3 The ComDensation Studv The basis of any compensation system is to establish existing market pay levels and to place employees within these levels. Thus, compensation systems hinge upon the ability to conduct a proper market analysis. This analysis is typically done through a market survey. However, usually not every position can be surveyed since response rates decline dramatically as the number of positions to be surveyed increase. MGT will work with the City's project team to determine a representative sample of benchmark positions that will be surveyed. These benchmark positions will form the initial salary line off which MGT will slot the remaining positions. Through the use of benchmarks, slotting, E- Page 3.13 Description of Work Program and Scope of Services and point factoring, we will be able to establish a compensation system that is both market based and internally consistent. MGT's JET. software uses regression analysis to integrate job evaluation points with salary data (average market midpoints) and calculate a pay line. The pay range midpoint is used in the regression analysis because it is accepted as the market value of a position. The pay line is then used as a base in developing the pay plan or plans. At this point in the study, MGT will work with the City's project director to determine what type of compensation architecture will best support the City's operational needs and mission. The next step is to establish the structure and pay range width from minimum to midpoint and from midpoint to maximum. Traditionally, pay structures have pay ranges that are equal in width from minimum to midpoint and from midpoint to maximum. In the 1990s, pay structures were altered by decreasing range width from minimum to midpoint and increasing range width from midpoint to maximum. This change is attributed to a recognition that midpoint is market value. Consequently, position incumbents should move toward market value within a reasonable time frame for the level of the position in the organization. While a five-year time frame to reach the midpoint of the range might appropriately reflect the learning curve for lower level positions, it would not necessarily be appropriate for Department Directors or other highly professional or technical positions. The final step in determining the pay line involves determining point breaks (evaluation point ranges or internal ran kings assigned to each pay grade). The point breaks utilized by MGT's JET. software are typically established as a direct result of research and MGT's statistical analysis of comparative differences. Compensation Survey MGT's approach to obtaining accurate market data is to consider the relevant labor market for each specific type of labor. Generally speaking, the greater the level of skill and education required, the broader the relevant labor market becomes. For example, most cities require laborers to perform routine maintenance. Ordinarily, these are relatively low skill positions, and the relevant labor market consists of a relatively small geographic area. Contrast this position with the position of City Manager. City Managers are usually highly educated and have much greater mobility. Therefore, the relevant market area for City Managers may better be defined as the entire state. Typically, most cities compete in a relatively compact labor market. Candidates are ordinarily recruited from an area that is within driving distance because city pay levels do not usually afford the opportunity for migration. MGT ordinarily considers county and municipal governments in the surrounding geographic area as the primary competitors for labor. For some positions, the private sector is also a competitor; however, many city positions do not have private sector equivalents for the Simple reason that if the private sector could perform the service profitably, it would already be doing so. When considering the relevant labor market, MGT likes to work with the City's project director, since the project director is likely to have a good understanding of the MST ~ Page 3-14 Description of Work Program and Scope of Services local labor market. The use of secondary data can help refine the search parameters and offer additional data points. Our standard criteria for selecting comparable jurisdictions are geographic proximity, population equity, and tax base. Geographic proximity captures the willingness of potential workers to commute to work. Population equity captures the relative scope of services provided, while tax base captures the district's ability to compensate employees. These three components allow us to develop a clear picture of the total compensation structure within the relevant labor market. Private sector peers are usually provided by the city, based on recent experience in recruitment and retention. Compensation Plan Many of the aspects for developing the final compensation plan have already been discussed above. The competitive advantage that MGT offers its clients is a tested automated system that incorporates information from the market survey and the ability of our software to generate a system that is internally equitable and reflective of the marketplace. After this is accomplished, the use of the J.E.T. software allows us to produce various compensation scenarios to best fit the City's needs. Our software package allows us to efficiently provide the City with timely, flexible, and defensible solutions. Merging Compensation with Classification The process of merging the classification and compensation components produces a classification and compensation system that is both internally and externally equitable. The classification component focuses on producing a system that is characterized by internal equity and rewards most highly those employees who are most valuable to the organization's work mission. However, internal equity is not the only consideration. The labor market produces some situations where skills that are in high demand need to be rewarded above where internal equity alone would suggest. External equity is ensured by the market analysis conducted. Integrating these two components in a systematic way lies at the heart of the study, and MGT does this through the use of advanced regression analysis and careful slotting based on JCQ data. 3.3.4 Reoorts MGT's final recommendations for your classification and compensation plans will reflect your mission and the compensation philosophy that best supports that mission. We will provide a draft report with detailed cost recommendations (by individual employee, based on the employee database developed at the beginning of the study) to the City's project director to ensure that all aspects of the proposed report meet your standards and provide viable recommendations. After reviewing the draft report with the City's project director and other designated officials, we will make any needed revisions and submit the final report. We will also meet to review the final results of the study and discuss alternatives for funding the recommendations made in the final report. Our final report will contain a written implementation plan that the City can use to implement the recommendations contained in the report. The implementation plan is IGT ~ Page 3-15 Description of Work Program and Scope of Services provided to assist the City in placing employees into the revised pay plan and resolving issues associated with changes to the overall classification and compensation systems. 3.3.5 Plan Maintenance If selected, MGT will provide the City with a copy of our JET. software and provide two days of training to city HR personnel. For those clients who wish to retain a longer-term relationship, MGT offers a maintenance agreement at a nominal charge. Our ultimate goal is to leave our clients with a classification and compensation system with which they can feel comfortable. But for those clients who would like the additional security of a maintenance agreement, we are happy to provide such agreements and the services that accompany these agreements. 3.4 Detailed Work Plan Listed below is the detailed work plan that MGT proposes to use for the City of Boynton Beach's classification and compensation study. CLASSIFICATION COMPONENT TASK 1.0: FINALIZE PROJECT WORK PLAN AND CONDUCT PROJECT ORIENT A TION Objectives: · Agree on the scope and breadth of the study. · Establish a project management plan. · Gain a comprehensive understanding of the City's specific objectives and expectations. · Finalize schedules to ensure completion by June 30, 2005. · Make logistical and contractual arrangements. Activities: 1.1 Meet with the City's project director and management team to accomplish the following: · understand the City's basic work mission and compensation and classification philosophies; · review the technical approach and work plan to make any necessary modifications; E- Page 3-16 Description of Work Program and Scope of Services · finalize the project schedule and assign project responsibilities; and · establish a schedule for communicating project activities. 1.2 Meet with the City's project director, department heads, and, as appropriate, any other top staff to review the objectives of the study and identify policy and issue concerns to be addressed while conducting the study. 1.3 Provide department heads and key staff members with the opportunity to identify pay and classification problems relating to their own areas of responsibility through the provision of Management Issues Papers@ (MIPs). These initial forms serve two major purposes: (1) to afford top managers the opportunity to express their concerns to the consulting team in brief, written fashion; and (2) to identify for the MGT consulting team some key areas of work focus, thus directing the analysis and review process in the proper direction. We have found over the years that these initial MIPs are invaluable in setting the stage for focusing on study concerns. 1.4 Obtain pertinent reports and background materials relevant to the review, including: · existing class descriptions, pay plan(s), and any agreements with organized groups; · tables of organization and descriptions of major responsibilities in each department; · elements of the personnel policy that relate to position classification, class descriptions, and pay plan issues; · any previous studies, program evaluations, or other reports that are applicable to this project; · staffing level data including performance measures; and · if available, any guidelines used to place new or reclassified positions within the current structure. 1.5 Revise the original work plan and finalize the time lines for each project task, adjusting the following elements, as needed: · data collection approach, in terms of questionnaires and related documentation; . interview plan; · tentative project schedule; . revised time schedule for deliverables; and . study monitoring procedures. -- Page 3-17 Description of Work Program and Scope of Services 1.6 Develop a communication plan that will keep City employees aware of the study's progress and inform them of upcoming steps. Key Project Deliverables: . Initiation meetings and orientation sessions · Revised work plan and time lines . Project Director summary of issues · Project management plan · Project communication plan II TASK 2.0: GATHER AND EVALUATE CURRENT JOB DATA ~ Objectives: · Provide comprehensive questionnaires (JCQs) to capture job data that is consistent with MGT's Job Evaluation Tool (JET.), for such factors as education, experience, supervision, guidelines, complexity, scope and effect, physical demands, and work environment. . Conduct department head interviews. . Conduct employee focus groups. · Obtain additional firsthand knowledge of job duties within the departments through department managers. Activities: 2.1 Work with the City's project director to administer the Job Content Questionnaire@ and Management Issues Papers. @ If necessary, hold an orientation session to help supervisors answer questions regarding the survey instrument. 2.2 Arrange and conduct interviews with each of the department heads and elected officials to receive their input on classification and compensation issues. 2.3 Administer the remaining MIPs and work with supervisors to answer any questions they may have regarding the survey instrument. 2.4 Schedule and conduct departmental focus groups to acquire additional job-related data. 2.5 Review all additional data sources such as organizational charts, class descriptions, strategic plans, and any other such information that may be relevant to the study. MGT Of~ Page 3-18 Description of Work Program and Scope of Services Key Project Deliverables: · JCQ designed to capture current job data · MIPs for completion by supervisory level personnel · Orientation briefings for department heads, managers, and supervisors . Department head interviews . Focus Groups ~ TASK 3.0: EVALUATE THE CURRENT CLASSIFICA TION PLAN Objectives: · Evaluate the current classification plan in terms of its appropriateness in meeting the city's objectives. · Evaluate the administrative classification plan in terms of its ability to: recognize significant differences among work tasks; be managed efficiently; contribute to the City's overall efficiency and effectiveness; and determine what redesign elements would be appropriate for establishing a more effective system of pay delivery. Activities: 3.1 Review and evaluate the structure of the current classification plan(s) in terms of: · duplicative and/or overlapping classifications. Where it appears that classifications are excessive and do not reflect a reasonable distinction of job duties, classifications may be consolidated. One of the benefits of this action is to make the plan more efficient and more manageable for the human resources staff; · classification voids or gaps. Where it appears that there is an insufficient number of classes to support the nature of the work being conducted, expansion of classes may occur; and · elimination of classifications that are no longer needed. 3.2 Compare the classification plan to class specifications to determine whether a proper classification description exists for each job. IGT ~~ Page 3-19 Description of Work Program and Scope of Services Key Project Deliverables: · Review of existing classification plan . Review of existing job descriptions TASK 4.0: DEVELOP PROPOSED CLASSIFICA TION PLAN Objectives: · Develop job families based on the broad type of work performed. · Review JCQ and MIP information. · Identify the classification of all existing positions utilizing MGT's point factor job evaluation system. · Recommend changes, additions, or modifications to the City's pay plan to support a new classification system. · Provide interim evaluation reports to the City. Activities: 4.1 Review the work performed by each job classification and develop job families. 4.2 Place all existing job classifications into the developed job families. 4.3 Review the JCQ scores and identify the classification of each position. 4.4 Develop an initial set of recommended changes in the structure of the current classification system. 4.5 Review the recommended changes with the City's project director and make appropriate revisions. 4.6 Provide a complete listing of the allocation of job classes to pay bands or range assignments. The listing will be sorted in the following ways: (1) alphabetical order by job class title; (2) in descending order by range; and (3) by old class title and new class title. A final group of all listings will accompany the draft report. Key Project Deliverables: . Job family list . Recommended classification changes . Final Report showing the classification of all existing employees under the new system, including current titles and current pay grades, and proposed titles and proposed pay bands or grades -- Page 3-20 Description of Work Program and Scope of Services II TASK 5.0: PRODUCE REVISED CLASS DESCRIPTIONS Objective: . Produce a set of revised class descriptions that are consistent, reflect the work currently being performed, and comply with federal and state statutory requirements. Activities: 5.1 Review current class description format and contents. 5.2 Agree upon a class description format. 5.3 Update current class descriptions with information obtained from JCQs and current class descriptions. 5.4 Produce a set of up-to-date class descriptions. Key Project Deliverables: . Sample class description template . A set of revised class descriptions based on current requirements COMPENSATION COMPONENT II TASK 1.0: REVIEW EXISTING COMPENSA T/ON STRUCTURE Objective: . Obtain a complete understanding of the city's current compensation philosophy as it relates to the work mission. Activities: 1.1 Obtain the existing pay structure and compensation philosophy. 1.2 Review the existing pay structure and look for potential problems to be resolved. 1.3 Produce a summary of the current compensation system. Key Project Deliverable: . Summary of existing compensation plan IGT ~ Page 3-21 Description of Work Program and Scope of Services II TASK 2.0: DETERMINE BASIC STRUCTURE OF PROPOSED PA Y PLAN Objective: . Work with the City to determine the best possible compensation plan. Activities: 2.1 Determine number of pay plans that best fits the city's needs. 2.2 Identify appropriate compensation incentives related to acquisition of relevant education, certifications, and skills 2.3 Determine the number of grades, range widths, and minimum and maximum for each proposed grade. Key Project Deliverable: . Proposed compensation plan [I TASK 3.0: ESTABLISH SURVEY BENCHMARKS Objective: . Determine the proper benchmarks for comparison against peer organizations. Activities: 3.1 Review the existing classifications for possible inclusion in the benchmark survey. 3.2 Determine the proper number of benchmark classes for inclusion in the market survey. 3.3 Review any secondary data for classes to include in the market analysis. 3.4 Select the proper classifications for inclusion in the benchmark survey. Selection criteria should include the following: . all departments should be represented; . all current pay grades should be represented; . classifications with large numbers of incumbents should be represented; and . benchmarks should be diverse and representative of the workforce. 3.5 Provide the list of benchmark positions to the City for review and comment. 3.6 Make any necessary changes to the benchmark list. IGT ~ Page 3-22 Description of Work Program and Scope of Services Key Project Deliverable: . List of benchmark positions to be included in the salary survey II TASK 4.0: DETERMINE PEER ORGANIZA TIONS Objective: . Provide a list of peer organizations to survey. Activities: 4.1 Review with the project team any peer organizations that must be included in the survey. 4.2 Select a list of public and private sector peers to include in the salary survey. Selection criteria should include: . number of employees; . proximity; . revenue base; and . recent labor competition. 4.3 Select secondary data information for inclusion. 4.4 Agree on the proper mix of primary and secondary data sources. 4.5 Obtain a listing of the contact information for peer organizations and verify this information through phone calls. 4.6 Alert peer organizations that the survey will be coming shortly. Key Project Deliverables: . List of peer organizations and contact information for each . Secondary data for inclusion II TASK 5.0: PROVIDE SURVEY SUMMARY TO THE CITY Objective: . Provide a written summary of the survey results to the City. Activities: 5.1 Prepare and customize the survey contents to meet the City's approval. 5.2 Mail the survey to the designated survey targets. E- Page 3-23 Description of Work Program and Scope of Services 5.3 Conduct necessary follow-up through postcards and phone calls. 5.4 Collect survey results and enter into database. 5.5 Validate information. 5.6 Summarize survey information in written report. 5.7 Provide written summary to the City. Key Project Deliverable: . Written summary of the compensation survey results MERGING THE COMPENSATION AND CLASSIFICATION PROCESSES II TASK 1.0: CONDUCT REGRESSION ANAL YSIS II Objectives: · Reconcile JCQ values and survey results for the benchmark positions. · Produce a regression line to plot the unsurveyed positions against. Activities: 1.1 Run regression analysis on benchmark positions to provide a line of best fit between the JCQ scores and salary midpoints. 1.2 Establish JCQ point ranges for each pay grade. 1.3 Match JCQ point ranges with dollar ranges to establish slotting sequence for unsurveyed positions. Key Project Deliverables: . Initial regression analysis . JCQ ranges J TASK 2.0: SLOT UNSURVEYED POSITIONS ALONG REGRESSION LINE ~ Objective: . Place the unsurveyed positions into the proposed pay plan. IGT ~ Page 3-24 Description of Work Program and Scope of Services Activities: 2.1 Take JCQ scores from unsurveyed positions and place classifications along the regression line. 2.2 Adjust classifications as needed to reflect market and internal equity. 2.3 Review placement of individuals within respective classes and respective classes within the overall classification and compensation system. Key Project Deliverables: . JCQ scores for each position . List of classifications and proposed salaries II TASK 3.0: PROVIDE DRAFT REPORT TO THE CITY Objective: . Provide the City with a draft report. Activities: 3.1 Take key project milestones from Tasks 1.0 and 2.0 and produce a comprehensive draft report. 3.2 Develop an implementation plan to include timing and implementation costs. 3.3 Submit the draft report to the City's project director and other members of the Project Team. Key Project Deliverable: . Draft report for the City [I TASK 4.0: PROVIDE FINAL REPORT AND PRESENTATION TO THE CITY f Objectives: . Produce a final report for the City. · Give a PowerPoint presentation to the City highlighting the study's key findings and recommendations. Activities: 4.1 Review City's comments concerning rough draft. 4.2 Make necessary revisions. E- Page 3-25 Description of Work Program and Scope of Services 4.3 Provide the City with a final report. 4.4 Produce PowerPoint presentations. 4.5 Make PowerPoint presentation. Key Project Deliverables: . Final report for the City · PowerPoint presentation of the study's key findings and conclusions II TASK 5.0: INSTALL SOFTWARE AND PROVIDE TRAINING TO CITY PERSONNEL Objectives: . Install J.E.T. software on city's computer system. · Set up training session for city's Human Resources personnel and provide training on J.E.T. software. Activities: 5.1 Arrange with city officials to install JET. software on Human Resources computers. 5.2 Install software on city computer system. 5.3 Arrange for training on JET. software. 5.4 Provide HR personnel with training on JET. software. Key Project Deliverables: . Installation of JET. software . Two-day training session for HR personnel 3.5 Proposed Time Line MGT will complete all project tasks as described in this proposal and conclude the project within five months. Assuming a start date of February 1, 2005, the study should be completed by June 30, 2005. The proposed project time line is presented on the following page. . Page 3-26 Description of Work Program and Scope of Services EXHIBIT 3-4 PROPOSED TIME LINE Classification Task 1.0: Finalize Project Work Plan and Conduct Project Orientation Task 2.0: Gather and Evaluate Current Job Data Task 3.0: Evaluate the Current Classification Plan Task 4.0: Develop Proposed Classification Plan Task 5.0 Produce Revised Class Descriptions Compensation Task 1.0 Review Existing Compensation Structure - Task 2.0: Determine Basic Structure of Proposed Pay Plan Task 4.0 Determine Peer Organizations Task 3.0: Establish Survey Benchmarks Task 5.0 Provide Survey Summary to City Merging Classification With Compensation Task 1.0 Conduct Regression Analysis Task 2.0 Slot Unsurveyed Positions Along Regression Line - Task 3,0 Provide Draft Report to the City Task 4.0 Provide Final Report and Presentation to the City - Task 5.0 Install Software and Provide Training to City Personnel -- Page 3-27 4,0 QUAL/FICA TIONS AND EXPERIENCE 4.0 QUAL/FICA TIONS AND EXPERIENCE MGT is well-qualified to conduct a classification and compensation study for the City of Boynton Beach. The qualifications and experience of the firm and its proposed staff scheduled to undertake the responsibility for the successful completion of this important project are presented within this section. We believe MGT has exactly the right mix of firm and personnel experience to assist the City with the proposed project. As a national management consulting firm that has provided outstanding client services for 30 years, MGT recognizes that the ultimate success of any study depends on the qualifications of the project team and the structure and management assigned to direct it. We have the proven ability to work together as an efficient and productive team, even under tight time constraints. We also have a clear understanding of responsibilities, assignments, time frames, and deliverables the City will require, as well as the order in which project activities must be accomplished to ensure the desired project outcome. The following pages show the project assignments of our key consultants and include resume summaries. 4.1 ProDosed Manaaement Structure and Oraanizational Chart Exhibit 4-1 illustrates the proposed organizational structure for managing the project. The structure is carefully designed to clearly identify the roles and responsibilities of each team member. City of Boynton Beach's Project Director. We will look to the City to designate an individual to serve as Project Director for this study. That individual will serve as MGT's single point of contact during the study. MGT will confer with the City's Project Director for overall project guidance and direction. All project correspondence, progress reports, and final reports will be delivered to the Project Director for dissemination to City leaders. MGT's Partner-in-Charge. MGT's Partner-in-Charge will be the primary person responsible to the City for ensuring that MGT's work fulfills all contractual requirements, produces a quality report, and meets all project deadlines. He will be the main point of quality control, have final authority for the project and deliverables, and will help resolve any issues or conflicts identified during the project. MGT's Project Manager. MGT's Project Manager's responsibilities include developing study procedures, maintaining frequent contact with the City's Pproject Director, making assignments to project staff, monitoring all work activities, and developing the final report. He will be available and accessible throughout the contract period and will respond immediately to inquiries. 1ST Of~ Page 4-1 Qualifications and Experience Project Consultant Team. The Project Consultant Team will have responsibility for performing their respective portions of the study under the guidance of MGT's Project Manager, completing the necessary research and analyses in their area, and developing relevant portions of the draft and final reports. EXHIBIT 4-1 PROPOSED PROJECT STAFF AND ORGANIZATION City of Boynton Beach Project Director MGT's Partner-in-Charge Dr. Jeffrey Ling I Consultant Team Mr. Greg Soitysiak, Project Manager Mr. Todd Osburn Ms. Amy Brown Additional project, editorial, and clerical staff as needed 4.2 Qualifications of Kev Personnel As noted earlier, a key factor to the success of this project is the quality of the consulting team assigned to conduct the study. The consulting team must have expertise not only specific to their area of review, but also must be thoroughly cognizant of the unique issues the City faces. MGT has selected an outstanding team of experts who have worked together on many other similar projects. Each member possesses unique knowledge and skills that combine to produce a well-rounded team capable of handling the many aspects of this project. In addition, staffing will be sufficient to respond on relatively short notice to requests for additional services during the course of the contract, if required. The following resume summaries of each team member provide highlights of the qualifications, education, and experience related to their role in the study. Each resume includes examples of similar experience in the State of Florida and outside the State of Florida. Detailed resumes are available upon request. MST ~ Page 4-2 Qualifications and Experience MGT'S PARTNER-IN-CHARGE: DR. JEFFREY LING Dr. Ling is a partner with MGT and the director for the firm's human resources practice area. His consulting experience includes human resource management, strategic planning, and public sector management. He has taught at the College of Wooster and Iowa State University and worked in domestic and international management. His project experience includes serving as: -- . Partner-in-Charge of classification and compensation studies for the Florida cities of Miami, Leesburg, Lakeland, and Lake Worth. . Partner-in-Charge of a compensation, classification, benefit and staffing study for the City of Baton Rouge and Parish of East Baton Rouge, Louisiana. . Partner-in-Charge of classification and compensation studies for the Florida counties of Hillsborough and Alachua. . Partner-in-Charge of classification and compensation studies for the Texas cities of Longview, Brownsville, and La Porte. . Partner-in-Charge of a human resources staffing and process analysis for Orange County, Florida. . Partner-in-Charge of a salary survey for the Florida League of Cities of its classifications system in order to assess external equity. . Partner-in-Charge of a project to assist the Palm Beach Solid Waste Authority in updating its compensation system. . Partner-in-Charge of a project for the City of West Palm Beach to assess the performance and management of the city's human resource function. . Partner-in-Charge of a project to assist the Florida State Board of Administration with a compensation and classification study of all nonbrokerage employees. . Partner-in-Charge and Project Director to assist the City of West Palm Beach with assessing the current staff, processes, and tools in conjunction with customer satisfaction to determine the best method of improving service, quality, and productivity. . Project Director of a comprehensive statewide human resources strategic plan for the Executive Branch of the Florida Government. . Project Director for a comprehensive salary and benefits survey for the State of Florida Department of Management Services. The survey was a high-profile study that was presented to the Florida State Legislature and the Governor's Office for review. Page 4-3 Qualifications and Experience Dr. Ling received his master's and doctoral degrees from Florida State University in political science and his bachelor's degree in political science from the University of Tampa. PROJECT MANAGER: MR. GREG SOLTYSIAK Mr. Soltysiak is a senior consultant with MGT. He has devoted most of his career to strategic human resources research and planning. Mr. Soltysiak has delivered human resource management programs, including compensation, employee relations, executive search, employment systems, and management development. He has worked with a broad range of private and public organizations, including local and state government, schools, higher education, associations, health care, retailing, banking, and insurance. Prior to joining MGT, Mr. Soltysiak served as Director of Human Resources at KPMG and as a manager for human resources consulting at Plante and Moran. His experience included the use and application of Lawson HR database management system; labor market analyses and pay recommendations for management and nonmanagement positions; and job analysis and preparation of job descriptions. Mr. Soltysiak also has managed and performed complex and critical projects to provide modern and effective HR programs and systems; provided expert advice and counsel to management in areas such as personnel policies, employee discipline, sexual harassment, wage-hour laws, FMLA, ADA, and workforce diversity; completed audits of employment programs; and developed new approaches procedures, forms, and processes. In addition, Mr. Soltysiak founded and managed a firm specializing in compensation systems, design and validation of employee assessment procedures, and employment tests and executive search. Mr. Soltysiak has worked on several projects at MGT including: · Consultant on a compensation and classification study for all Hillsborough County, Florida, classified and nonclassified employees. Over 10,000 employees were included in the study. · Consultant on a classification and compensation study for the City of Lake Worth, Florida. · Consultant on a classification and compensation study for Alachua County, Florida. · Consultant on an analysis of Baltimore City Community College's human resource management system. · Serving as a Project Manager to the Florida Department of Corrections (DOC). Responsible for the overall management and direction of the People First implementation plan for the DOC. Mr. Soltysiak holds a master's degree in labor and industrial relations and a bachelor's degree in business administration from Michigan State University. MGT Of-arial Page 4-4 Qualifications and Experience TEAM MEMBER: MR. TODD OSBURN Mr. Osburn is a senior consultant with MGT. His experience includes human resource management, pay system development, and government efficiency analysis. Before joining MGT, Mr. Osburn was a Research Assistant and Instructor at Florida State University. Before working at FSU, he was Vice President of Operations at IMCO Division Incorporated. Mr. Osburn has worked on several projects at MGT including: · Project Director of classification and compensation studies for the Florida cities of Miami and Lake Worth. · Project Director of a compensation, classification, benefit and staffing study for the City of Baton Rouge and Parish of East Baton Rouge, Louisiana. · Project Director of classification and compensation studies for the Florida counties of Hillsborough and Alachua. · Project Director of a compensation and classification analysis for the Tallahassee office of Citizens Property Insurance Corporation. · Project Director of a human resources staffing and process analysis for Orange County, Florida. · Project Director of a compensation and classification study for St. Clair County, Michigan. · Director of a project for the City of West Palm Beach to assess the performance and management of the city's human resource function. · Director of a project to review all policies, procedures, and regulations of Charlotte County (Florida) to determine how the information could be made accessible to employees. · Consultant on a project to develop a comprehensive statewide human resources strategic plan for the Executive Branch of Florida Government. · Consultant on a project for the Florida House of Representatives to conduct an analysis of the competitiveness of the compensation provided to legislators and judges. · Analyst on a project to assist the Florida Office of the Governor and Florida Department of Management Services to respond to the Legislature's request for an evaluation of the competitiveness of the compensation provided to State of Florida law enforcement officers. Mr. Osburn holds a bachelor's degree in political science (magna cum laude) from Kent State University and a master's in political science from Bowling Green State University. . Page 4-5 Qualifications and Experience TEAM MEMBER: MS. AMY BROWN Ms. Brown is a senior analyst with MGT. She has a demonstrated expertise in quantitative research and evaluation, demographic and market research, database design and analysis, survey design and implementation, and statistical analysis. Ms. Brown's project experience includes serving as: · Team Member on a compensation and classification study for all classified and nonclassified employees for Hillsborough County, Florida. · Team Member on a human resource staffing and process analysis for Orange County, Florida. · Team Member on classification and compensation study for the Florida city of Lake Worth. · Team Member on a project to assess Hidalgo County's (Texas) compensation and classification system. As part of the study, MGT will conduct management interviews, employee focus groups, a regional salary survey, and job analysis. · Team Member on a project to assist the Palm Beach (Florida) Solid Waste Authority in updating its compensation system. · Team Member on a compensation and classification study of all non- brokerage employees for the Florida State Board of Administration. · Team Member on a project to review all policies, procedures, and regulations of Charlotte County, Florida, to determine how the information could be made accessible to employees. · Team Member on a project to assist the Charlotte County (Florida) Schools with assessing the compensation and classification structure for all personnel. The study will include an assessment of internal and external equity. · Team Member on an assessment of the Summit County (Ohio) Education Service Center's management team and make recommendations on how best to implement a pay for performance system. · Team Member on a project to assist Baltimore City (Maryland) Community College with an analysis of its human resource management system. She graduated cum laude from Florida State University and holds a bachelor of arts degree in philosophy and creative writing. ADDITIONAL PROJECT STAFF A team of experienced support staff will contribute to this study, as needed. 1ST ~ Page 4-6 Qualifications and Experience 4.3 Relevant EXDerience Our broad range of experience, working on both personnel initiatives and an array of other management challenges, helps MGT provide our clients a seasoned and complex perspective on challenges and solutions. This range of consulting experience, coupled with the fact that all our senior staff have worked in the public sector at some senior level, means we have the hands-on experience to "hit the ground running" when selected to work on a project. Below, we have selected representative projects to illustrate our recent classification, compensation, and human resources experience. Projects currently in progress have been listed first, followed by projects MGT has conducted within the past five years for cities and other government entities. Additional project abstracts are available upon request. CURRENT PROJECTS Classification and Compensation Plan Client: City of Lake Worth, Florida MGT is assisting the City of Lake Worth in updating the city's classification and compensation system. In addition to redesigning these systems, MGT is updating the city's classification descriptions and designed the city's first performance evaluation system. . Compensation and Classification Study Client: Hillsborough County, Florida MGT is conducting a compensation and classification study for all of Hillsborough County's classified and nonclassified employees. Over 10,000 employees are included in the study. MGT conducted a job evaluation and analysis for all job classifications, as well as a market survey of the surrounding labor market to gather wage and salary information. As a result, the county's compensation and classification study reflected both internal and external equity. . Human Resources StaffinQ Analvsis Client: Orange County, Florida MGT is providing human resource staffing and process analysis to Orange County. MGT consultants will review current operations, review processes, identify areas for efficiency improvements and create a transition and implementation plan. . -- Page 4-7 Qualifications and Experience Classification and Compensation Study Client: Alachua County, Florida MGT is conducting a comprehensive classification and compensation study for Alachua County. As a result of the study, the county's classification and compensation study will reflect both internal and external equity. . Step and Grade ConsultinQ Client: Hidalgo County, Texas MGT is assessing Hidalgo County's compensation and classification system. As part of the study, MGT staff is conducting management interviews, employee focus groups, a regional salary survey and job analysis. The report will reflect data on internal and external equity and. provided the county with a 21st century human resource management system. . Compensation and Classification Study Client: City of WaynesYille, North Carolina MGT is conducting a compensation and classification study for the City of Waynesville. The major objectives of the study are to determine whether the current plan has both internal and external validity, and to make recommendations where appropriate for improvement. . Compensation Study Client: Baltimore City Community College, Maryland MGT is assisting Baltimore City Community College with an analysis of its human resource management system. The study will include a review of faculty and nonfaculty staff at three campuses and central administration. The study will identify critical areas for improvement in the system, classifications that need to be updated, and compensation structures that could be made more competitive with the market. . PreyailinQ Salary Study Client: Austin Independent School District, Texas MGT is conducting a prevailing wage study of construction occupations. MGT is surveying construction trades employers in 18 counties in central Texas to develop wage and benefits rates for trades persons in 40 different construction jobs. The District will use the data for its $280 million construction program. . 1ST -o;~ Page 4-8 Qualifications and Experience RECENT PROJECTS Classification. Compensation. and Benefits Study Client: City of Baton Rouge and Parish of East Baton Rouge, Louisiana MGT performed a classification, compensation, benefits, and staffing study for the City of Baton Rouge and Parish of East Baton Rouge. The study included a staffing analysis of all departments and established internal equity within the city's classification plan and based the city's pay plan around the area's labor market. The analysis was facilitated by MGT's JET. software. The study included an evaluation of the city's benefits plan. MGT also performed a staffing analysis for the city to align the city's resources with its labor needs. . Review and Analvsis of Full-Time Equivalent Positions Client: City of Key West, Florida MGT assisted the City of Key West with a study to improve the overall operational efficiency of the city's workforce. The study's primary purpose was to analyze the staffing levels for all the city's department and determine if the city is adequately utilizing all of its existing resources. As part of the study, MGT mapped the city's primary business operations, assessed the quality of service delivery, reviewed the structural soundness of the city's organization and determined if operations met the city's primary service needs. As a result of the study, the city enacted a number of recommendations related to organizational structure, technology use and staffing levels. . Human Resources ManaQement Review Client: City of West Palm Beach, Florida MGT assessed the performance and management of the city's human resource function. MGT assessed the current staff, processes, and tools in conjunction with customer satisfaction to determine the best method of improving service, quality, and productivity. . Classification and Compensation Study Client: City of Belle Glade, Florida MGT performed a classification and compensation study for all positions within the City of Belle Glade. The project included the collection and review of current job data, employee interviews, market surveys, job analysis, and the evaluation and classification of all municipal positions. The study concluded with a comprehensive report and summary that included specific recommendations for pay levels for all city positions. . -- Page 4-9 Qualifications and Experience Job Classification and StaffinQ Analvsis Client: Citrus County, Florida MGT conducted a comprehensive job classification, pay review, and staffing analysis for Citrus County. MGT evaluated the current classification plan, conducted a market survey, conducted a salary survey, and completed a staffing analysis. Approximately 230 class specifications were developed, including recommendations for revisions in the current classification and compensation plan. Recognizing the complexity of the project, MGT performed a job classification study and a pay review that would allow the county to operate as economically and efficiently as possible, while maintaining competitiveness in the area labor market. MGT also provided the county with implementation costs and guidelines for the plan. . Compensation Study Client: Alachua County Property Appraiser's Office, Florida MGT assisted the Alachua County Property Appraiser's Office in the classification of ten key positions. MGT also conducted a market salary survey and provided the Office with a total compensation and classification plan. . Pay and Classification Study Client: City of Longview, Texas MGT conducted a pay and classification study for the City of Longview. The study included analysis and recommendations on appropriate classification and pay ranges for all positions in the city development of a pay for performance plan for city employees, and development of new class descriptions for all job classes. . Compensation and Classification Study Client: City of Leesburg, Florida MGT performed a compensation and classification study for all included classifications in the City of Leesburg. Project tasks included job analysis, pay plan development, market salary survey and analysis, class description development, and J.E.T. software and training delivery. . Comprehensive Salarv Survey Client: Florida League of Cities MGT conducted a salary survey for the Florida League of Cities of its classifications system in order to assess external equity. The study included analyzing job duties, creating an electronic survey, issuing the survey, and analyzing the results. The results led to a number of recommendations for improving salary administration. -- Page 4-10 Qualifications and Experience Fair Labor Standards Act Audit Client: City of North Miami, Florida MGT updated the Fair Labor Standards Act status of the City of North Miami positions. . Compensation and Classification Plan Client: City of Lakeland, Florida MGT performed a comprehensive compensation and classification study for the City of Lakeland. The city has over 2,000 employees, and includes an electric utility. . Compensation and Classification Study Client: City of La Porte, Texas MGT contracted with the City of La Porte to perform a comprehensive compensation and classification study. The city employs over 350 employees, and serves a population of over 32,000 citizens. The study also included an analysis of the Fair Labor Standards Act status of all positions, the updating of job descriptions, and a point factor evaluation of all jobs within the city's system. . Compensation and Classification Study Client: St. Clair County, Michigan MGT performed a compensation and classification analysis for St. Clair County. In addition to the classification and compensation work, MGT assisted the county with integrating its performance management system with its compensation plan. . Performance Review and Salarv Survey Client: Hidalgo County Clerk's Office, Texas MGT conducted a study of the operations of the Hidalgo County Clerk's Office. Developed recommendations and implementation plans to improve organizational and operational efficiency, focusing on technology capabilities, financial controls, and human resource issues. Additionally, based on the findings in the review, MGT made recommendations as to strategic planning needs for the office. MGT was recently retained to assess the county's entire compensation and classification system. . 1ST Uf~ Page 4-11 Qualifications and Experience Employee Compensation Survey Client: Solid Waste Authority of Palm Beach County, Florida MGT assisted the Palm Beach Solid Waste Authority in updating its compensation system. MGT provided a compensation analysis of all classifications after surveying the local market place on a series of benchmark classes. In addition to conducting the survey and providing the analysis, MGT provided the Authority with implementation recommendations to facilitate the recommendations. . 4.4 Client Listina In addition to our human resource experience, we have provided a representative listing of MGT's local government clients in Exhibit 4-2. Florida clients have been highlighted in bold face. 1ST ~ Page 4-12 Qualifications and Experience EXHIBIT 4-2 PARTIAL LISTING OF MGT'S LOCAL GOVERNMENT CLIENTS Abbeville County, SC City of North Miami Beach, FL Little Rock Coalition/Alliance, AR AJachua County, FL City of North Port, FL Los Angeles County, CA Albuquerque Police Department, NM City of Oklahoma City, OK Macon County, NC Apomattox Regional Library System, VA City of Oakland Park, CA Manatee County, FL Bastrop County, TX City of Obel1in, OH Metropolitan Government of Nashville- Bexar County, TX City of Opelika, AL Davidson County, TN Birmingham-Jefferson County Transit City of PfIugerville, TX Miami-Dade County, FL Authol1ty, AL City of Phoenix, AZ. Nez Perce Tribe, Lapwai, ID Brevard County Sheriff's Office, Fl City of Piano, TX Northwestern Regional Housing Authority, NC Broward County, FL City of Reno, NV Nueces County, TX Cameron County, TX City of Richmond, VA Okaloosa County, Fl Capital Area Training & Employment City of Sacramento, CA Okeechobee County, FL Consortium, Fl City of San Antonio, TX Orange County, FL Capital Metropolitan Transportation City of Sandersville, GA Palm Beach County, FL Authority, TX City of 51. Petersburg, FL Pensacola Area Housing Commission, Fl Central Florida Jobs and Education City of Tallahassee, Fl Pinellas County, Fl Partnership City of Victoria, TX Polk County, FL Charlotte County, FL City of West Palm Beach, Fl Prince William County, VA Chatham County, GA City of Winter Springs, FL Putnam County, Fl Chesapeake Department of Human Cleveland County, NC Reeves County, TX Resources, VA Collier County, FL Sacramento County Management Cherokee County, NC Columbia County Property Appraiser, FL Association, CA Chesterfield County, VA Crosstown Community Economic Sacramento Housing and Redevelopment Citrus County, FL Development Initiative, FL Agency, CA Citrus County Mosquito Control Board, Dallas Convention and Visitors Bureau, TX Sacramento Regional Transit District, CA FL Dallas Fort Worth International Airport, TX San Mateo County, CA City of Albany, GA Davidson County, NC Santa Clara County Social Services Agency, City of Alice, TX DeKalb County, GA CA City of Apopka, FL District of Columbia Sarasota County, FL City of Asheville, NC Dorchester County, SC School Readiness Coalition of Bay and City of Austin, TX DougheMy County, GA Jackson County, FL City of Baltimore, MD Douglas County Transportation Authority, GA Scotland County, NC City of Baton Rouge, LA Durham County, NC Seminole County, FL City of Belle Glade, FL Durham County MHDDSAS Department, NC Seminole County Sheriff's Department, Fl City of Brownsville, TX EI Paso County, TX Solid Waste Authority of Palm Beach City of Cayce, SC Everett Chamber of Commerce, WA County, FL City of Clearwater, FL Florida Gulf Health Systems Agency Southwest Florida Water Management City of Columbia, MO Florida Housing Finance Corporation District City of Cocoa Beach, FL Fulton County, GA Southwest Okaloosa County, FL City of Corpus Christi, TX Gadsden County, FL St. Lucie County Children's Services City of EI Paso, TX Georgetown County, SC Council, FL City of Fort Lauderdale, FL Hanover County, VA St. Lucie County, FL City of Fol1 WOl1h, TX Harrison County, MS Tallahassee Housing Authority, FL City of Fredericksburg, TX Haywood County, NC Taylor County, FL City of Hollywood, FL Hidalgo County, TX Texas Association of County and District City of Houston, TX Health Systems Agency of South Florida Clerks City of Huntsville, TX Highlands County, FL Texas Conference of Urban Counties City of Irving, TX Hlllsborough County, FL Texas Municipal League City of Jackson, MS Inyo County, CA Town of Canton, NC City of Jacksonville, FL Jacksonville Economic Development Town of Lauderdale-by-the-8ea, FL City of Kansas City, MO Councll,FL Town of Maiden, NC City of Key West, FL Jacksonville Transportation Authority, Fl Town of West Jefferson, NC City of Lake Mary, FL Johnston County, NC Travis County, TX City of Lake Worth, FL Juvenile Welfare Board of Pinellas County, Village of Wellington, FL City of Lauderdale-by-the-Sea, FL FL Wake County, NC City of Little Rock, AR Kansas City Area Transportation Authority, MO Washington D.C. Financial Responsibility City of Longwood, FL Kent County 17th Circuit Court, MJ Assistance City of Macon, GA Lee County, FL Washington Suburban Sanitary Commission City of Marathon, FL Lee County Sheriff's Office, FL Webb County, TX City of Memphis, TN Leon County, FL Wells Branch Municipal Utility District, TX City of Miami, FL Leon County Tourist Development Council, Willaey County, TX City of New Orleans, LA FL Workforce Central Florida 1ST "Ot~ Page 4-13 Qualifications and Experience 4.5 SamDle Documents We are pleased to provide the city with the following sample documents: Management Issues Papers,@ and Job Content Questionnaire@ . . The documents can be found as appendices to this proposal. 4.6 Location of Office Project work and services will be provided from the following locations: MGT of America, Inc., 2123 Centre Pointe Blvd., Tallahassee, FL 32308 MGT of America, Inc" 502 East 11'h Street, Suite 300, Austin, TX 78701 MGT ensures that your project will be performed and managed successfully in compliance with your RFP requirements, 4.7 References We are pleased to provide the following references, We invite you to contact them for confirmation of our ability to provide professional, timely, and quality consulting services for our clients. CLIENT CONTACT PROJECT DESCRIPTION Annette I. Bookter, Ph.D. Human Resources Director City of Baton Rouge 1755 Florida Street Baton Rouge, LA 70802 (225) 389.3129 MGT performed a classification, compensation, benefits, and staffing study for the City of Baton Rouge and Parish of East Baton Rouge, The study established internal equity within the city's classification plan and based the city's pay plan around the area's labor market. The analysis was facilitated by MGT's J.E.T, software. The study included an evaluation of the city's benefits plan, MGT also performed a staffing analysis for the city to align the city's resources with its labor needs, MGT is conducting a comprehensive classification and compensation study for the county. MGT is conducting a job evaluation and analysis for all job classifications, as well as a market survey of the surrounding labor market to gather wage and salary information, As a result of the study, the county's classification and compensation study will reflect both internal and external equity. Ms. Betty Baker Director, Administrative Services Alachua County Post Office Box 1467 Gainesville, FL 32602 (352) 374-5202 1ST Of~ Page 4-14 5.0 COST BREAKDOWN 5.0 COST BREAKDOWN MGT is prepared to conduct the classification and compensation study as described in this proposal for a fixed fee amount of $66,000, which includes all professional fees and project expenses, As required by the RFP, we have included our total costs for the 12 tasks outlined in your Scope of Services, as well as the final presentation (Task 13,0), MGT is willing to discuss and adjust our interpretation of the scope of this project or our approach to accomplishing all of the city's needs in order to ensure that we meet your goals, time line, and budget parameters, EXHIBIT 5-1 TOTAL PROPOSED COSTS Work Task Total Costs 1,0: Assist the Administration and BOee in target market administration $2,000 2,0: Review classifications, internally and externally, and make detailed recommendations $4,000 3,0: Evaluate current saiary structure $3,000 $12,000 4,0: Perform an analysis on all classifications 5,0: Review current compensation and ciassification system and make recommendations $4,000 $6,000 6.0: Provide a detailed cost analysis for recommendations 7.0: Develop a revised pay plan, merging existing plans into one $7,000 $2,000 8.0: Recommend resources to maintain plan 9,0: Update and create job specifications $8,000 10.0: Develop recommendations and timetable for implementation $7,000 11,0: Develop a communication plan $4,000 $5,000 $2,000 !I!I:IIIIIl 12.0: Provide draft and final reports 13.0: Final presentation -- Page 5-1 6.0 ADDITIONAL INFORM A TION 6.0 ADDITIONAL INFORMA TION We believe that our proposal to conduct a Classification and Compensation Study for the City of Boynton Beach thoroughly responds to each aspect of the RFP requirements. Therefore, MGT is not submitting any additional information regarding our firm's experience, not already requested in the RFP, with this proposal submission. 1ST ~ Page 6-1 APPENDICES APPENDIX A: DETAILED RESUMES JEFFREY LING PARTNER-IN-CHARGE MGT OF AMERICA, INC. EDUCATION Ph.D" Political Science, Florida State University, 1996 M.S" Political Science, Florida State University, 1993 BA, Political Science, University of Tampa, 1990 RANGE OF EXPERIENCE Dr. Ling's experience includes strategic planning, statistical analysis, research methodology, data management, technology analysis, change management, and risk analysis. Dr. Ling has taught courses addressing research methodology, statistical analysis, technological innovations, and political economy at various universities. Similarly, he has planned, organized, and managed studies on survey analysis, government efficiency, technology planning, information utilization, public opinion, market expansion, and privatization. Each of these studies dealt with summarizing major alternatives for decision-makers and providing viable recommendations. Dr. Ling has consulting experience in state and local government evaluation, research management, efficiency analysis, survey analysis, statistical modeling, and technology planning. PROFESSIONAL AND BUSINESS HISTORY MGT of America, Inc., Partner, May 2004--present; Principal, September 2000-April 2004; Senior Associate, November 1999-September 2000; Senior Consultant, April 1999- November 1999; Consultant, 1998-1999; Senior Analyst, May 199B-November 1998 The College of Wooster, Assistant Professor, 1997-1998 Iowa State University, Visiting Scholar, 1995-1997 Florida State University, Research Assistant, 1992-1995 Stinger Systems, Market Analyst, 1990-1992 PROFESSIONAL AND BUSINESS EXPERIENCE Personnel Studies Partner-in-Charge contracted by Hillsborough County, Florida, to conduct a compensation and classification study for all classified and nonclassified employees, Over 10,000 employees were included in the study. The study involved a job evaluation and analysis for all job classifications, as well as a market survey of the surrounding labor market to gather wage and salary information, JEFFREY LING PAGE 2 Personnel Studies (Continued) Partner-in-Charge of an update to the compensation and classification study performed for Citrus County Mosquito Control in 2000, The primary purpose of the update was to track the movement of the labor market during the intervening four years, Partner-in-Charge of a compensation and classification study of all non-brokerage employees, conducted for Florida State Board of Administration, The study involved reviewing the current organizational structure, assessing internal equity, comparing current positions to the state market, and making position level recommendations for pay and class changes. Partner-in-Charge of an Employee Compensation Survey conducted by the Solid Waste Authority of Palm Beach County, Florida, The survey provided a compensation analysis of all classifications after surveying the local market place on a series of benchmark classes and also provided PBSWA with implementation recommendations to facilitate the recommendations, Partner-in-Charge of a project to conduct a salary study for the Florida State Board of Administration. Partner-in-Charge of a project to assist Citizens Property Insurance Corporation, Florida's largest nonprofit insurance company, with recruiting and selecting the organization's president. Partner-in-Charge of a project to perform a comprehensive classification and compensation study for Alachua County, Florida, Partner-in-Charge of a project to modernize Fayette County's human resources processes, including installing MGT's proprietary J.E.T. software to assist the County in maintaining its compensation and classification system, Partner-in-Charge of a classification, compensation, and benefits study for the City of Baton Rouge, Louisiana, Partner-in-Charge of a project that assisted the Tallahassee office of Citizens Property Insurance Corporation in integrating its current compensation and classification system with its Jacksonville office broad banding structure. Partner-in-Charge of a project that assisted Darton College with a compensation and classification study of non-instructional personnel. Partner-in-Charge of a project that developed a personnel policies manual for American Traveler employees, and contracted for the production of additional manuals. Partner-in-Charge of a project that conducted a review of Collier County Florida's current Human Resources policies and procedures and made recommendations for improvement. JEFFREY LING PAGE 3 Personnel Studies (Continued) Partner in Charge and Project Director to assist the City of West Palm Beach with assessing the current staff, processes, and tools in conjunction with customer satisfaction to determine the best method of improving service, quality, and productivity. Project Director on a project to assist the Florida Department of Management Services in managing the implementation of an automated personnel system that will consolidate agency systems into a single unified database. Project Director on a project to conduct a geographic assessment of Florida's labor market for the Florida Department of Management Services on the ability of the state to recruit and retain high-quality employees. Project Director on a comprehensive Statewide Human Resources Strategic Plan for the Executive Branch of Florida Government. Collected best practice data and performed cost benefit analysis in order to produce a five-year plan for the State of Florida. Project Manager for a comprehensive salary survey for the State of Florida Department of Management Services, Miscellaneous Consulting Project Director of a project that updated the Fair Labor Standards Act status of the City of North Miami, Florida, positions, Partner-in-Charge and Project Director of support given for Miami-Dade County, Florida, during the 2004 General Bond Program, The project facilitated over 40 community town hall sessions and made recommendations on projects to pursue as part of the bond initiative, Project Director of an employer needs assessment conducted for Workforce Central Florida, The assessment required focus groups, interviews, and a five-county phonelWeb survey. Partner-in-Charge of a Compensation Study Update for Citrus County, Florida, The study conducted an update to the compensation and classification study performed for Citrus County Mosquito Control in 2000. The primary purpose of the update was to track the movement of the labor market during the intervening four years. Partner-in-Charge of a Classification and Compensation Study for the City of Key West, Florida. The study involved conducting a market survey of benchmark classifications and used the Job Content Questionnaire to provide the City with an analysis of the City's external and internal equity, JEFFREY LING PAGE 4 Miscellaneous Consulting (Continued) Team Member of a Management and Performance Review of the Regional Educational Service Centers for the Legislative Budget Board, Texas. The project involved conducting detailed reviews of the 20 RECs in the areas of governance and management, financial condition and funding adequacy, number and geographic distribution of RESCs, institutional structure, program and academic delivery, human resources management, facilities use and management, asset and risk management, purchasing and contract management, and management information services, Partner-in-Charge of project conducted by the City of Key West to improve the overall operational efficiency of the City's workforce. The study's primary purpose was to analyze the staffing levels for the entire City's department and determine if the City was adequately utilizing all of its existing resources, Partner-in-Charge and Project Director of a Comprehensive Salary Survey for Florida League of Cities, The study included analyzing job duties, creating an electronic survey, issuing the survey, and analyzing the results, The results led to a number of recommendations for improving salary administration, Partner-in-Charge of a project conducted by Hidalgo County, Texas, to assess its compensation and classification system, The project consisted of conducting management interviews, employee focus groups, a regional salary survey, and job analysis, and provided the county with a 21st century human resource management system, Partner-in-Charge of a project conducted by Charlotte County, Florida, to review all policies, procedures, and regulations of the County to determine how the information could be made accessible to empioyees, During the study, two documents were produced: a new County Employee Handbook and new County Policy Manual. Team Member of a Public Involvement Strategies and Facilitation project conducted by the City of Marathon, Florida, The project involved building public support for the sewer infrastructure project through extensive publiC involvement, stakeholder input, consensus building, and public education, Partner-in-Charge and Project Director of a project conducted by Miami-Dade County, Florida, to assist with facilitating 26 community town hall meetings to determine the level of support for the General Obligation Bond. Partner-in-Charge and Project Director on a project review for Miami-Dade County, Florida, to assist with planning the General Obligation Bond project plan and materials, Partner-in-Charge of a project to assist the Florida Department of Veterans' Affairs with a feasibility study to determine the feasibility of adding additional long-term care facilities to the FDVA offerings, Partner-in-Charge of a project to assist the City of Miami with assessing the current compensation and classification system, evaluating the level of competitiveness of its compensation, and analyzing the results of collective bargaining for the last ten years. JEFFREY LING PAGE 5 Miscellaneous Consulting (Continued) Team Member on a project that assisted the Commonwealth of Puerto Rico's Administration of Corrections with the implementation of more than 250 recommendations for improvement in operations, security, organizational structure, management, technology, and strategic planning, Partner-in-Charge of a project that provided litigation support to the law office of Cooper, Byrne, Blue & Schwartz that was representing the Florida State Board of Administration in a case involving gender discrimination, Project Director of a study that assisted the Maui County, Hawaii, Workforce Investment Board with conducting a comprehensive needs assessment of Maui County's workforce, Partner-in-Charge of a project to assist the Florida's Citizens Property Insurance Corporation with a macro-level organizational redesign study. Partner-in-Charge of a project that conducted an executive compensation study for the Florida Transportation Commission. The study's purpose was to examine the compensation structure for mid- and upper-level managers within Florida's Department of Transportation. Partner-in-Charge and Project Director on a project that assisted the Florida Office of the Attorney General with litigation support for a case related to compensation equity in the OAG's Medicaid fraud unit. Partner-in-Charge of a project where MGT of America assisted the Florida Department of Management Services with conducting job application development sessions in the development of the Fleetdirect Fleet Management System. Partner-in-Charge of a project where MGT assisted Collier County, Florida, with a performance audit of the County's Human Resources Department. Principal on a project that conducted a statistical analysis of TANF recipients for Workforce Central Florida. Partner in Charge for a project to assist Isocorp with system design and business requirements to help the Agency for Workforce Innovation produce an RFP for system integration, Partner-in-Charge of a project that performed a compensation and classification analysis for St. Clair County, Michigan, Partner-in-Charge on a study to assist the Alachua County Property Appraiser's Office in the classification of 10 key positions. In addition to the classification work, MGT conducted a market salary survey and provided the County Appraiser's Office with a total compensation and classification plan. JEFFREY LING PAGE 6 Miscellaneous Consulting (Continued) Executive Director of a project that assisted the Palm Beach County Workforce Development Board with strategic planning, statistical modeling, and performance measurement development. Partner-in-Charge of performing a three-year project to collect information on the State of Michigan's Work First participants. Partner-in-Charge of a project that duplicated and bound additional copies of a report for American Traveler Staffing Professionals. Partner-in-Charge of a project for that conducted a review of employee appeals related to the City's Compensation and Classification Study for the city of Chesapeake, Virginia, Partner-in-Charge of a project that conducted a Legislative Study for the Florida Chamber of Commerce. Project Director of a Strategic Plan for Miami-Dade County, Florida, Partner-in-Charge of a project to provide technical assistance to a Fleet Support project for the Florida Department of Management Services, Partner-in-Charge of a Classification and Compensation Study for Fayette County, Georgia, Partner-in-Charge and Director of a project where MGT conducted a Management Assessment for Escambia County, Florida. Partner-in-Charge of a project that conducted a Compensation Study for the St. Johns County Property Appraiser. Director of a project to assist the State of Massachusetts with an assessment of women in the construction industry as well as recommendations on how the state should implement its associated programs, Partner-in-Charge and Project Director of a Compensation and Classification Plan for the City of Lakeland, Florida, Technical Advisor on a project to produce a strategic plan for the development of a Virtual Library for the State of Florida, Partner-in-Charge of a Classification and Compensation Study for the City of Leesburg, Florida. Team Member on a project for the City of LaPorte, Texas, to perform a comprehensive compensation and classification study. Director of a project for Workforce Central Florida to assist with the development and analysis of an employer's need assessment of firms in a five-county area, JEFFREY LING PAGE 7 Miscellaneous Consulting (Continued) Partner-in-Charge of a pay and classification study for the Florida On-Line High School, consisting of a market salary and benefits survey, pay plan development, class description development, employee performance evaluation system, J.E. T. software and training, a personnel policies and procedure manual, and an employee handbook. Partner-in-Charge and Director of a project to assist the Florida State Technology Office and Department of Management Services with the creation of new information technology classes, a new compensation methodology, and a business case for delivery to the Florida Legislature, Partner-in-Charge of a project to conduct a compensation and classification study for the Nassau County Property Appraiser's Office that included a salary survey, job analysis, pay plan development, and salary adjustment recommendations. Director of a project to assist the Florida Department of Transportation with the development of the system architecture and requirements for the State of Florida Commercial Vehicle Information Systems and Networks. Director of a project to assist the Georgia State Finance and Investment Commission with the creation of their information technology strategic plan, Director of a project for the State of Michigan and Health Management Associates to assist with assessing the level of customer satisfaction and outcome attainment among Work First program participants. Project Director of a project that conducted additional economic research for the Florida Office of the Film Commissioner. The purpose of the research was to gain insight into the economic activity in the film industry of specific Metropolitan Statistical Areas, Project Director of a project to monitor and report on the BSFA Student Financial Aid Database project on behalf of the Technology Review Workgroup of the Florida Legislature, Project Director of a project where MGT was retained by the association that represents the 20 elected public defenders in the State of Florida to assist with strategizing for the 2001 Legislative Session, Specifically, assisted in assembling materials to make the case that funding for attorneys working for the public defenders should be increased to a minimal level. Project Director of a project that completed an overall compensation analysis to review for inequities within and across classes and to identify possible corrective action for the South Carolina Department of Public Safety, Project Director of an evaluation project management plan to assist with developing, designing customer surveys, and the corresponding sampling methodology for the Florida Department of Transportation, Project Director on a project to perform evaluation services including performance measure assessment and profiling model creation for the Palm Beach County Workforce Development Board. JEFFREY LING PAGE 8 Miscellaneous Consulting (Continued) Project Director on a project to develop a detailed project management plan for BSMG Worldwide and the State of Florida as they prepared and operated the Florida Pavilion for the 2000 Summer Olympic Games in Sydney, Australia. Project Director on a study for the Florida Office of the Attorney General to provide support in a lawsuit against the Office by a current employee, Project Director of an economic impact study for the Florida Film Commissioner to assess the importance of the entertainment industry in Florida, Project Director on a project for the Florida House of Representatives to conduct an analysis of the competitiveness of the compensation provided to legislators and judges. The study addressed the possible impact of compensation on attracting the best candidates into public service. Project Director on a project for the Florida Office of the Governor Technology Review Workgroup (TRW) to serve as project monitor on the implementation of the State of Florida Student Financial Aid Database Project. Project Director of a project to assist the Florida Office of the Governor and Florida Department of Management Services to respond to the Legislature's request for an evaluation of the competitiveness of the compensation provided to State of Florida law enforcement officers. Project Director on a study to assist the Attorney General of the State of Florida to explore opportunities and possible strategies for increasing the allocation of funds to the Attorney General for improving recruitment and retention. Consultant on a study of the information technology resources of St. Lucie County Government in Ft. Pierce, Florida. Developed recommendations for improving the efficiency, effectiveness, and customer services of the department. Statistical Consultant on analysis of Department of Children & Families Medicaid provision data for the State of Florida. Research Manager for a report to Florida Department of Transportation on 1996 Road Related Automobile Crashes. Project Director of a Statewide Survey for the State of Iowa, The study was conducted of telecommunication services and information technology for municipal governments, Evaluated the effectiveness of public and private sector partnerships for capacity development at the state level. Senior Consultant for the 1999 Sole Practitioner Survey for the Florida Institute of CPAs. Revised the annual questionnaire to meet FICPA specifications, and provided oversight in the preparation of the annual report. JEFFREY LING PAGE 9 Miscellaneous Consulting (Continued) Technical Advisor on a project to conduct an economic development strategic plan of the souths ide area of Tallahassee, Florida, for the Crosstown Community Economic Development Initiative, Project Manager on a statistical analysis for a survey of Florida I nstitute of Certified Public Accountants member firms concerning their estimated level of participation in the newly enacted certified audit program, Team Member on a Management Plan for the Florida Association of Court Clerks. Research Manager on a Management Review for Thorndike and Geller, Coordinated research into technology utilization for local government and service management. The project concentrated on increasing access to local government, while managing the information gained from citizens in the most effective ways. Lead Analyst on an Efficiency Study for Dover Farms. Performed labor efficiency analysis to determine the most cost-effective method of crop removal during the peak seasons, Proposed computer-based solutions for production and labor management. Project Manager on a project for the design and completion of a telephone survey for the Florida Institute of Certified Public Accountants membership concerning proposed bylaw changes and membership category designations. Project Manager of the Annual Florida Institute of Certified Public Accountants Sole Practitioner Survey, 1993-1998, Reviewed data collection instruments and activities for accuracy, validity, and reliability, and supervised the data analysis and preparation of the final report, Project Director of a Risk Analysis for Global Development Systems. Managed the creation of risk analysis reports for companies involved in international trade and investing. Created custom computer solutions for tracking and analyzing risk factors, Research Analyst on a project for Thornton and Associates. Coordinated the development of mathematical models for spatial capacity analysis of tourist facilities in Northern Georgia, Market Analyst for Stinger Systems. Analyzed and expanded governmental contracts, including planning, implementing, and managing a marketing plan for expansion into Latin America and Africa. Coordinated imporUexport transactions and integrated production marketing solutions to increase the productivity of software and hardware products, Supervised the restructuring of the United States national marketing plan for business unit sales. Also streamlined and presented major data projects to management while coordinating staff, providing weekly reports, and maintaining the project budget. Project Director of a project for Office America to establish and implement a marketing plan for business-to-business and direct sales of computer hardware in Africa and Latin America. Project Manager for the conceptual design of an automated inventory and production system for Office America, JEFFREY LING PAGE 10 Miscellaneous Consulting (Continued) Analyst on a Technology Integration Project for the City of Tampa and Hillsborough County, Created custom solutions for technology integration in multiple issue areas in order to increase task efficiency in data management. CURRENT AND PAST PROFESSIONAL AFFILIATIONS American Political Science Association American Statistical Association Project Management Institute PRESENTATIONS American Political Science Association International Personnel Management Association Florida State Personnel Association Florida Public Personnel Association National Association of State Personnel Executives Florida Government Technology Conference Florida Government Information Services Association GA Board of Health Conference National Association of Workforce Boards Kansas Public Personnel Conference Texas County Leadership Institute Workforce Planning for the 2151 Century GREG SOLTYSIAK PROJECT MANAGER MGT OF AMERICA, INC. EDUCATION M.A., Labor & Industrial Relations, Michigan State University, 1975 B.A., Business Administration, cum laude, Michigan State University, 1971 RANGE OF EXPERIENCE Mr. Soltysiak has extensive professional consulting experience in key human resource management functions, including compensation and benefits, employee relations, executive search, employment systems, management development, organization analysis, and strategic planning. He has worked with a broad range of public and private organizations, including local and state govemment, K-12 schools, higher education, health care, retailing, banking, and insurance. This experience includes several years in leadership positions with regional and national CPA and management consulting firms, He has managed and performed complex and critical projects to provide modern and effective HR programs and systems, and has provided expert advice and counsel to management in such areas as personnel policies, employee discipline, sexual harassment, wage-hour laws, FMLA, ADA, and workforce diversity. In addition to his consulting activities, Mr. Soltysiak conducts seminars and workshops, and speaks to professional and business groups on a variety of compensation and human resource management topics, PROFESSIONAL AND BUSINESS HISTORY MGT of America, Inc., Senior Consultant, May 2004-present Tallahassee Memorial HealthCare, Compensation Analyst, January 2003-April 2003 Management Advisors, Inc" President, 1988-December 2002 Plante & Moran, Manager, Human Resources Consulting, 1985-1988 KPMG Peat Marwick, Detroit, Director of Human Resources, 1984-1985 Consulting Resources Corporation (CRC) ; President, Okemos, Michigan, 1978-1984. Ernst & Young, Manager, Organization and Personnel Consulting, 1975-1978 The University of Michigan, Division of Management Education, Graduate School of Business Administration, Program Director, 1972-1975; Senior Compensation Analyst, Human Resources Department GREG SOLTYSIAK PAGE 2 PROFESSIONAL AND BUSINESS EXPERIENCE Compensation/Classification Studies and Salary Surveys Team Member contracted by Hillsborough County, Florida, to conduct a compensation and classification study for all classified and nonclassified employees. Over 10,000 employees were included in the study, The study involved a job evaluation and analysis for all job classifications, as well as a market survey of the surrounding labor market to gather wage and salary information, Served as project director andlor staff member to design and implement pay programs in over 200 public and private sector organizations, These programs frequently emphasize pay-for-perforrnance strategies, encompass all organizational functions, and include both management and non-management employees. Worked closely with senior management in developing and implementing policies and practices that contribute to positive employee relations and cost-effective operations. Designed and conducted labor market pay and benefit surveys, Developed job evaluation point-factor systems, including selection, definition, and quantification of factors specific to organization mission and policy orientation. Prepared tailored job analysis and employee information gathering questionnaires, Wrote job descriptions, Created pay structures; i.e., pay levels, ranges, and assigned classifications, as well as direct-market pricing of executive jobs, Developed pay-for-performance programs, including appraisal tools specific to executive, management, and nonsupervisory employees. Developed annual and short- term incentive plans, Prepared cost analyses and projections of program implementation and payroll impact. Ensured compliance with state and federal wage-hour laws. Presented new program objectives, features, and operation to board members, senior management, and all other levels within the organization. General Human Resources and Employee Relations Project Director for a project contracted with Florida Department of Corrections for the implementation of its PeopleSoft@ system, The project provided project management expertise by supplying the Department with the project manager on a contract basis. Identified legal requirements and government reporting regulations and ensured that policies, procedures, and reports were in compliance. Developed and implemented plans, programs, and procedures for recruitment, testing, selection, and job placement. Developed contacts with educational institutions, employment agencies, placement firms, and other sources of applicants. GREG SOLTYSIAK PAGE 3 General Human Resources and Employee Relations (Continued) Created Internet Web-based recruiting strategies for attracting and recruiting candidates. Developed and implemented new employee orientation programs. Designed data and performance measures on recruitment activities, applicant flow, interviews, hires, transfers, promotions, and terminations, Reviewed, analyzed, and recommended changes to employee benefit programs such as health insurance, disability insurance, life insurance, workers' compensation, employee assistance, retirement, and other plans, Provided guidance regarding government regulations, benefit program trends, and prevailing practices among similar organizations. Conducted needs analysis studies and confered with managers and supervisors to determine training needs, Formulated training policies, programs based on needs analyses, and customer service requirements. Selected and recommended appropriate instructional procedures or methods such as individual training, group instruction, self-study, lectures, demonstrations, simulation exercises, role-playing, and computer-based training, Consulted with rnanagers to assess needs for HR-related information and determined scope of HRIS, Researched HRIS vendors to determine if market products matched organization needs and budgets, PAST CLIENTS A representative sample of public sector, governmental, education, and not-for-profit clients include: . Calhoun County, Mich. . Capital Area Community Services . City of East Lansing . City of Marshall, Mich, . City of Roseville, Mich. . Delta Township, Mich. . Detroit Medical Center . Eaton County, Mich, . Eaton Intermediate School District . Ingham Intermediate School District . Howell Carnegie District Library, Mich, . Hurley Medical Center, Mich, . Lansing Community College . Library of Michigan GREG SOLTYSIAK PAGE 4 PAST CLIENTS (Continued) . Legislative Service Bureau, Mich, . Marion Health Center, Iowa . Marionjoy Rehabilitation Hospital, III. . Michigan Dental Association . Michigan Department of Civil Service . Michigan Electric Cooperative Association . Michigan Hospital Association . Michigan Office of the State Employer . Michigan State University · Michigan Supreme Court, State Court Administrative Office . Minnesota Supreme Court · Northeast Michigan Community Service Agency · Northwest Jackson Community School District . Oakland County, Mich. . Sparrow Regional Hospital System, Mich, . Southeast Michigan Transportation Authority . St. Joseph Mercy Hospital, Mich, . Tamarack Rehabilitation Center, Mich. . Top O'Michigan Electric Cooperative . Urban Institute, Washington, D.C. . VFW National Home . Waverly Community School District PROFESSIONAL AFFILIATIONS Big Bend SHRM, Tallahassee, Florida World of Work (Formerly, American Compensation Association) TODD L. OSBURN CONSULTANT TEAM MEMBER MGT OF AMERICA, INC. EDUCATION ABD, Political Science, Florida State University, 1997 MA, Political Science, Bowling Green State University, 1992 B.A., Political Science (magna cum laude), Kent State University, 1985 RANGE OF EXPERIENCE Mr. Osburn's range of experience includes qualitative and quantitative work in the fields of workforce development, human service, human resources, and educational technology. He has extensive experience in the areas of statistical modeling, database research, and quantitative analysis. In addition, Mr, Osburn has worked extensively in the area of performance management with an emphasis on developing and refining performance measurement indicators used in the continuous improvement process, PROFESSIONAL AND BUSINESS HISTORY MGT of America, Inc., Senior Consultant, January 2004-present; Consultant, September 2000-January 2004; Senior Analyst, November 1999-September 2000; Analyst, May 1998-November 1999; Research Associate, 1997-1998 Florida State University, Research Assistant and Teaching Instructor, 1993-1997 IMCO Division Incorporated, Vice President/Operations Manager, 1987-1990; Inside Sales Desk, 1985-1987 PROFESSIONAL AND BUSINESS EXPERIENCE Human Resources Consulting Project Director contracted by Hillsborough County, Florida, to conduct a compensation and classification study for all classified and nonclassified employees. Over 10,000 employees were included in the study. The study involved a job evaluation and analysis for all job classifications, as well as a market survey of the surrounding labor market to gather wage and salary information. Project Director of an update to the compensation and classification study performed for Citrus County Mosquito Control in 2000. The primary purpose of the update was to track the movement of the labor market during the intervening four years. Project Director of a compensation and classification study of all non-brokerage employees, conducted for Florida State Board of Administration. The study involved reviewing the current organizational structure, assessing internal equity, comparing current positions to the state market, and making position level recommendations for pay and class changes. TODD L. OSBURN PAGE 2 Human Resources Consulting (Continued) Team Member of an employer needs assessment conducted for Workforce Central Florida, The assessment required focus groups, interviews, and a five-county phonelWeb survey. Project Director of an Employee Compensation Survey conducted by the Solid Waste Authority of Palm Beach County, Florida, The survey provided a compensation analysis of all classifications after surveying the local market place on a series of benchmark classes and also provided PBSWA with implementation recommendations to facilitate the recommendations, Team Member of a project conducted by Hidalgo County, Texas, to assess its compensation and classification system. The project consisted of conducting management interviews, employee focus groups, a regional salary survey, and job analysis, and provided the county with a 21st century human resource management system. Project Director of a project to conduct a salary study for the Florida State Board of Administration. Project Director of a project to assist Citizens Property Insurance Corporation, Florida's largest nonprofit insurance company, with recruiting and selecting the organization's president. Team Member on a project to perform a comprehensive classification and compensation study for Alachua County, Florida. Team Member on a project to assist the City of Miami with assessing the current compensation and classification system, evaluating the level of competitiveness of its compensation, and analyzing the results of collective bargaining for the last ten years, Project Director on a project to modernize Fayette County's human resources processes, including installing MGT's proprietary J.E.T, software to assist the County in maintaining its compensation and classification system, Project Director on a classification, compensation, and benefits study for the City of Baton Rouge, Louisiana. The study established internal equity within the City's classification plan and based the City's pay plan around the area's labor market. The analysis was facilitated by MGT's JET, software, The study included an evaluation of the City's benefits plan. MGT also performed a staffing analysis for the City to align the City's resources with its labor needs, Project Director on a project that conducted an executive compensation study for the Florida Transportation Commission. The study's purpose was to examine the compensation structure for mid- and upper-level managers within Florida's Department of Transportation, Project Director of a compensation and classification analysis for the Tallahassee office of Citizens Property Insurance Corporation, TODD L. OSBURN PAGE 3 Human Resources Consulting (Continued) Consultant on a compensation and classification study of all administrative and clerical staff for the Memphis City Schools in Tennessee. The study involved making classification revisions, correcting internal equity issues, and recommending external equity options, Consultant on a classification and compensation study for the Rockford Public School District in Illinois. Consultant on a compensation and classification study of noninstructional personnel for Darton College, Georgia. The study was designed to assist the college with determining the proper compensation and classification levels of administrative staff. Consultant on a project that assisted the Florida Office of the Attorney General with litigation support for a case related to compensation equity in the OAG's Medicaid fraud unit. Lead Consultant on a project that conducted a review of Collier County Florida's current Human Resources policies and procedures and made recommendations for improvement. Project Director of a project where MGT assisted the Florida Department of Management Services with conducting job application development sessions in the development of the Fleetdirect Fleet Management System. Project Director of a project where MGT assisted Collier County, Florida, with a performance audit of the County's Human Resources Department. Consultant on a project to assess the performance and management of the City of West Palm Beach's human resource function. MGT assessed the current staff, processes, and tools in conjunction with customer satisfaction to determine the best method of improving service, quality, and productivity. Director on a project that performed a compensation and classification analysis for St. Clair County, Michigan, Project Director on a study to assist the Alachua County Property Appraiser's Office in the classification of ten key positions. In addition to the classification work, MGT conducted a market salary survey and provided the County Appraiser's Office with a total compensation and classification plan, Project Director of a classification and compensation study for Fayette County, Georgia, Analyst on a study for the Florida Office of the Attorney General to provide support in a lawsuit against the Office by a current employee. Performed a statistical analysis of the current pay structure and provided evidence necessary for determining the eqUity in employee rank and pay, TODD L. OSBURN PAGE 4 Human Resources Consulting (Continued) Analyst on a project for the Florida House of Representatives to conduct an analysis of the competitiveness of the compensation provided to legislators and judges, The study addressed the possible impact of compensation on attracting the best candidates into public service, Analyst on a project to assist the Florida Office of the Governor and Florida Department of Management Services to respond to the Legislature's request for an evaluation of the competitiveness of the compensation provided to State of Florida law enforcement officers, Project Director of a project to assist the association that represents the 20 elected public defenders in the State of Florida with strategizing for the 2001 Legislative session. Specifically, MGT staff assisted in assembling materials to make the case that funding for attorneys working for the public defenders should be increased to a minimal level. Analyst on a project to conduct a geographic assessment of Florida's labor market for the Florida Department of Management Services on the ability of the state to recruit and retain high-quality employees. Analyst on a study to assist the Attorney General of the State of Florida to explore opportunities and possible strategies for increasing the allocation of funds to the Attorney General for improving recruitment and retention. Team Leader of a comprehensive statewide human resources strategic plan for the Executive Branch of Florida Government. Collected best practice data and performed cost benefit analysis in order to produce a five-year plan for the State of Florida, Team Leader on a comprehensive salary survey for the State of Florida Department of Management Services. Team Member on a redesign of the compensation and classification plan for the City of Richmond, Virginia, AMY K. BROWN CONSULTANT TEAM MEMBER MGT OF AMERICA, INC. EDUCATION BA, cum laude, Philosophy and Creative Writing, Florida State University, 1998 RANGE OF EXPERIENCE Ms, Brown has a demonstrated expertise in communications and marketing, quantitative research and evaluation, demographic and market research, database design and analysis, survey design and implementation, and statistical analysis, Her specific project experience includes work on several needs assessments, funding allocation studies, human resource studies, and organizational reviews, She is proficient in WordPerfect, Word, Excel, HTML, Lotus programs, PageMaker, AS400, and Photoshop. She also possesses experience in Web design, including the use of HTML and database applications, PROFESSIONAL AND BUSINESS HISTORY MGT of America, Inc., Senior Analyst, July 2004-present; Analyst, February 2003-June 2004; Research Associate, October 2002-February 2003 The Florida Bar, Assistant Editor, Joumal and News, November 2000-0ctober 2002; Public Information Assistant, Public Information and Bar Services, May 1999-November 2000 The Florida Flambeau, Staff Writer, August 1997-February 1998 North Florida Safety Council, Special Supervision Services Administrator, June 199B-May 1999 PROFESSIONAL AND BUSINESS EXPERIENCE Team Member contracted by Hillsborough County, Florida, to conduct a compensation and classification study for all classified and nonclassified employees, Over 10,000 employees were included in the study, The study involved a job evaluation and analysis for all job classifications, as well as a market survey of the surrounding labor market to gather wage and salary information, Team Member of support given for Miami-Dade County,Florida, during the 2004 General Bond Program, The project facilitated over 40 community town hall sessions and made recommendations on projects to pursue as part of the bond initiative. Team Member of a compensation and classification study of all non-brokerage employees, conducted for Florida State Board of Administration. The study involved reviewing the current organizational structure, assessing internal equity, comparing current positions to the state market, and making position level recommendations for pay and class changes. AMY K. BROWN PAGE 2 PROFESSIONAL AND BUSINESS EXPERIENCE (Continued) Team Member of an employer needs assessment conducted for Workforce Central Florida, The assessment required focus groups, interviews, and a five-county phonelWeb survey, Team Member of a Classification and Compensation Study for the City of Key West, Florida. The study involved conducting a market survey of benchmark classifications and used the Job Content Questionnaire to provide the City with an analysis of the City's external and internal equity, Team Member of a Management and Performance Review of Texas A&M University. The review involved conducting interviews, focus groups, surveys, and open forums to obtain substantial input from students, faculty, staff, and citizens, From the detailed reviews, commendations and recommendations were developed to assist the Legislative Budget Board and Texas A&M University, Team Member of a project conducted by Hidalgo County, Texas to assess its compensation and classification system. The project consisted of conducting management interviews, employee focus groups, a regional salary survey, and job analysis, and provided the county with a 21st century human resource management system. Team Member of a project conducted by Charlotte County, Florida to review all policies, procedures, and regulations of the County to determine how the information could be made accessible to employees, During the study, two documents were produced a new County Employee Handbook and new County Policy Manual. Team Member for a compensation study conducted by Charlotte County Public Schools, Florida, The study included an assessment of internal and external equity. The report provided a 21st century solution to the school district's human resource management needs. Team Member of a Development of an Enrollment Costing Model project conducted by Ohio Governor's Commission on Higher Education and the Economy. The project consisted of developing a model with a series of policy levers to determine the costs of enrolling additional students with different assumptions, Team Member of project to conduct an Analysis and Assessment of Selected Business Practices by Tidewater Community College, Virginia. Team Member of a Proposal Development Analysis project conducted by Henry and Rilla White Foundation of Florida. The project evaluated selected Foundation proposals against proposals submitted by competitors, analyzed these proposals for both style and content issues, and provided recommendations to strengthen proposal form and content. Team Member on a project to assist the Cal Poly Pomona Foundation, Inc., Housing Service with the development of a long-range strategic plan for its student apartment housing known as University Village, AMY K. BROWN PAGE 3 PROFESSIONAL AND BUSINESS EXPERIENCE (Continued) Team Member on a project to develop a comprehensive student housing plan for Florida A&M University, Team Member on a project to assist the University of Michigan, Flint, in developing and carrying out their RFP process for engaging a builderldeveloper for the introduction of student housing on the campus using a privatized model. Team Member on a project to provide assistance to the Illinois Board of Examiners and the Executive Director with the implementation of service delivery processes and procedures for a successful and timely transition to expanded responsibilities. Team Member on a project to assess the feasibility of initiating an effort to consolidate the City of Tallahassee and Leon County governmental functions, Team Member on a project to conduct a survey of employees in selected county departments in Miami-Dade County. Team Member on a study for the University Center of Lake County to conduct a community needs assessment of higher education, Team Member on a study for the Illinois Quad City Chamber of Commerce on a project to conduct a community needs assessment of higher education. Team Member on a project for the University of North Florida to prepare a facilities program plan with a feasibility analysis for the university's proposed new student life center, Team Member on a project that conducted a process reengineering review and assessment of the operational production of print materials and publications for both internal and external use for The University of North Florida. Team Member on a study that assisted the Georgia Board of Regents address its concerns about high administrative costs by studying the feasibility of consolidating selected administrative support functions at the smaller campuses, Team Member on a project to conduct a workflow assessment for the State of Florida, Division of Elections, Bureau of Election Records. Team member on a study for the Rockford Area Chamber of Commerce and the Rockford Council of 100 in Illinois that conducted a needs assessment study for higher education in the surrounding area, Team Member on a project for the Florida Credit Union League to conduct a series of market research efforts regarding the organization's training and education services. Research Associate for a student housing market study for the University of South Florida, AMY K. BROWN PAGE 4 PROFESSIONAL AND BUSINESS EXPERIENCE (Continued) Research Associate on a project that conducted research and analysis and provided other support to the Florida Legislature regarding the implementation of Revision 7 to Article V of the State Constitution, Research Associate for student housing feasibility studies for Laramie County Community College, Wyoming, Research Associate on a project that developed a plan to expand the functions of the Illinois Board of Examiners. Designer of the Journal and News Web pages for The Florida Bar's Web site. Also maintained the site and initiated use of searchable databases on-line. Traveled to various meetings, conventions, and events across the state to report on the Bar's association functions, criminal justice conferences, and court programs. Communicated on a daily basis with members of the legal system, including lawyers, judges, court clerks, and Supreme Court justices. As an Assistant Editor, wrote, edited, produced, and photographed articles for The Florida Bar News (circulation 70,000). Edited and proofread articles for The Florida Bar Journal, a scholarly magazine (circulation 65,000). Edited, proofread, and produced The Florida Bar Journal directory, a 1,000+ page directory of Florida's legal community, Coordinated activities of the editorial board, Posted Journal and News articles on the Web site and designed the publications' Web presence. Initiated use of searchable databases for Journal and News on-line. Traveled to various meetings, conventions, and events across the state to report on Bar association functions, criminal justice conferences, and court programs. Communicated on a daily basis with members of the legal system, including lawyers, judges, court clerks, and Supreme Court justices, As a Public Information Assistant, created, posted on-line, and distributed via e-mail and fax the Bar's "Daily News Summary," a summary of news articles of interest to the legal profession, to 500+ recipients, Wrote and edited the "Board Information Papers," a series of Bar position papers designed to educate the media about current issues impacting the legal profession, and posted on-line, Updated the Bar's Web site on a daily basis using HTML and databases. Communicated with various media outlets regarding Florida Bar activities. As a staff writer wrote and edited articles for daily citywide newspaper. Prepared monthly Florida Department of Law Enforcement and Department of Highway Safety & Motor Vehicles reports for the Special Supervision Services (SSS) caseload, Acted as liaison to probationlDHSMV for DUI and Special Supervision Services clients. Managed case files for SSS and DUI clients, and communicated with treatment agencies regarding client progress, Reviewed and processed all applications for the SSS program, AMY K. BROWN PAGE 5 CURRENT AND PAST PROFESSIONAL ASSOCIATIONS Member of Association for Institutional Research, 2003-present Member of Mensa, 1989-present Member of Golden Key National Honor Society, 1997 -present 621 art gallery, board of directors, 2000-2002 Guardian advocate, 2001-present WVFS-FM (89.7), news director, 1999-2001; DJ, 1999-present APPENDIX B: REQUIRED FORMS ATTACHMENT A City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and ''The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REOUlRED General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability General Aggregate Products-Comp/Op Agg. Personal & Adv. Injury Each Occurrence Fire Damage (anyone fire) Med. Expense (any 'One person) $ 1,000,000,00 $ 1,000,000,00 $ 1,000,000,00 $ 1,000,000,00 $ 50,000,00 $ 5,000,00 Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos PIP Basic Intermodal Combined Single Limit Bodily Injury (per person) Bodily Injury (per accident) Property Damage Trailer Interchange $ 500,000,00 to be determined to be determined to be determined $ 50,000,00 Garage Liability Any Auto Garage Keepers Liability Auto Only, Each Accident Other Than Auto Only Each Accident Aggregate $ 1,000,000,00 $ 100,000,00 $ 1,000,000.00 $ 1,000,000,00 Excess Liability Umbrella Form Each Occurrence Aggregate to be determined to be determined Worker's Compensation Employer's Liability Each Accident Disease, Policy Limit Disease Each Employee Statutory Limits $ 100,000,00 $ 500,000.00 $ 100,000,00 Property Homeowners Revocable Permit Builder's Risk $ 300,000,00 Limits based on Project Cost Other - As Risk Identified to be determined INSURANCEADVISORYFORM04 Revised 10/200 I THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE 13 QUALIFIER ACKNOWLEDGEMENT Submit RFP's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P,O, Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date December 6, 2004 RFP Title: CLASSIFICATION AND COMPENSATION STUDY RFP Number: 015-1610-05/CJD RFP Received By: JANUARY 5, 2004, NO LATER THAN 2:30 P.M. (LOCAL TIME) RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: JANUARY 5. 2004. NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be witbdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections ofthe charter and codes of the City. Name of Vendor: MGT of America, Inc. Federal I,D, Number: 59-1.'>/6733 A Corporation oftbe State of: Florida Area Code: 850 Telephone Number: 386-3191 Area Code: 8,50 FAX Number: 385-4501 Mailing Address: '2123 Centre Pointe Blvd. City/State/Zip: . Talla.hassee, .FL 32308 Vendor Mailing Date: 1/3/05 j~: W. K. Boutwell Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE 14 ADDENDA CITY OF BOYNTON BEACH FLORIDA RFP TITLE: CLASSIFICATION AND COMPENSATION STUDY QUALIFIER: MGT of America, Inc. DATE SUBMITTED: 1/3/05 We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents, Having studied the documents prepared by: MGT of America, Inc. (Name of Project Manager/Architect/Consultant) and having examined the project site (when indicated in thesc specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 15 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information, This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response, * attach additional sheets giving the information 1. Name of Qualifier: MGT of America, Inc. 2, Business Address: 2123_Centre Pointe Blvd. Tallahassee, FL 32308 3. When Organized: 1974 4, Where Incorporated: Florida 5, How many years have you been engaged in business under the present firm name? 30 Years 6. General character of work performed by your company. Management Consulting, Human Resources Consulting, Evaluation, Research , . Please see 6, Enclose evidence of possession of reqUIred licenses and/or busmess permits, attached 8, Number of employees, 142 9. Background and experience of principal members of your personnel, including officers. * Please see the attached document Bonding capacity. figure request 10. Yes, dollar available on Have you ever defaulted on a contract? If so, where and why?* NO 11. THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 12, Experience in performance of work similar in importance to this project. Project $ Value City of Baton Rouge Compensation & $134 435 ClaDDi[i~4Liuu Study , Alachua County $05,000 CUwp~ll~aLiull & Clas~i[icaLiull Hillsborough Co. $244,jOO Classificat10n & Compensation Contact Name Phone # Annette Bookter (225) 389-3129 Betty Baker Study Bob Chandler STudy (352) 3/4-5202 (813) 212-j025 ext 222 13, Contractsonhand* Please See Attached 14. Largest completed projects (include final cost). Administration of Corrections Commonwealth oL'Puerto Rico I) 2) ~lty ot Charlotte, Mecklenburg bAarl6tte-Mecklenburg Schools, $to, 005,138 County NC $922,800 3) Florida Legislature $908,802 15. List alllawsuits (related to similar projects) or arbitration to which you have been a party and which: · None I) arose from performance: · 2) occurred within the last 4 years: · 3) provide case number and style: · Dated at: MGT ot America,Inc. this ~ day of January 20 05 ~b By: Name: W_ K. Boutwell (printed or typed) Title: CEO and President THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ of jf)r ~tat~ ~--- -- or't) -- ---~- 1 a -- - fIll'partml'nt uf ~tatl' I certify from the records of this office that MGT OF AMERICA, INC., is a corporation organized under the laws of the State of Florida, filed on August 25,1974, B B The document number of this corporation is 460217, I further certify that said corporation has paid all fees due this office through December 31, 2002, that its most recent annual reporVuniform business report was filed on February 20, 2002, and its status is active, I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Fifteenth day of January, 2003 CR2E022 (1-03) K~~ lfRcu ~ctmcr ~errd1tr'J of~mt.e ~ ~~~~~~~ ~~~ We have provided below the information requested regarding contracts on hand for the human resources practice area of MGT. · Classification and Compensation Study, City of Lake Worth, FL · Human Resources Staffing Analysis, Orange County, FL · Compensation Study, Baltimore City Community College, MD · Compensation and Classification Study, Hillsborough County, FL · Step and Grade Consulting, Hidalgo County, TX 1ST ~ We have listed below background information for all of the firm's principals. Detailed resumes are available upon request. NAME BACKGROUND W. Ken Boutwell, Jr. Served as an administrator at both the system and institutional CEO and President levels, inciuding Vice Chancelior for the Fiorida State University System, Leads the firm's higher education practice area and has over 30 J. Kent Caruthers, Jr, years of experience in developing strategies that address issues Deputy CEO and of funding and administration of higher education systems, universities, and colleges, Prior to joining MGT, he was Director Senior Partner for Strategic Planning for the National Center for Higher Education Management Systems. Leads the state and local government practice area for MGT Stephen F. Humphrey and has over 30 years of consulting experience in the public and Senior Partner private sectors and has directed or participated in over 200 management and research projects, Over 25 years of experience in public education at the K-12 and Linda Recio postsecondary education levels as a state education agency Senior Partner administrator, school district administrator and classroom teacher. She leads the firm's K-12 practice area, Extensive experience in project management including providing Fred Seamon consulting services to numerous nonprofit organizations and Senior Partner local and state governments in both rural and urban areas, He previously taught in the School of Social Work and the Askew School of Public Administration at Florida State University, His experience inciudes over 30 years of significant research, Jerry Ciesla development, and management responsibilities in program Senior Partner evaiuation, information management, education, instructional design, applied science and health, Leads the firm's criminal justice and public safety practice and specializes in program evaluations, performance reviews and Alan Pollock organizational assessments, He helped create and seNed as Senior Partner the first manager of the Texas Performance Review (TPR) Division of the Office of the Texas Comptrolier of Public Accounts, The firm's Western Regional Director and leads of technology planning and assessment practice, He has more than 15 years Fred Forrer experience evaluating and assisting government agencies in Senior Partner improving performance, fiscal controls and operations, Served on the California State Auditor's executive staff where he supervised numerous performance and financial compliance audits of state and locai government agencies. Ed Humble Over 20 years of experience in education as a teacher, principal, Senior Partner superintendent and educational planner, 1ST ~ Summary of Qualifications and Experience NAME BACKGROUND Jeffrey Ling Leads the firm's human resources practice area, Extensive experience in human resource management, strategic planning Partner and public sector management. Has been serving the firm's higher education ciients for more Ray Thompson than 22 years, He specializes in studies uliiizing both quaiitative and quantitative research methods for planning college and Partner university marketing strategies, student services, academic programs and facility needs, Over 30 years of experience in the area of educational David Brittain technology. Served as the Director of the Office of Educational Partner Technology for the Florida Department of Education for 16 years. Dee Torre Over 20 years experience in education and human services Partner administration and poiicy analysis, Served the California Legislature for ten years in different Mary Winkley capacities, including as a principal consultant with the California Partner Legislative Analyst's Office, Extensive experience in evaluating state government programs, One of two partners responsible for the firm's criminai justice Bob Lauder and public safety consulting practice, He has a strong financial Partner background, as well as extensive experience with performance reviews, legislative analysis, and revenue forecasting and modeling, Has spent the last 30 years working as an administrator, faculty member, and staff member at universities and Boards of Mary McKeown-Moak Education and Regents in Illinois, Maryland and Arizona, Partner Extensive background of higher education experience. Prior to joining MGT was the senior financial officer for the Arizona University System, Russell Campbell More than 15 years of pubiic sector experience in human Partner resources management; organizational development and strategic planning, Dodds Cromwell Speciaiizes in facility consulting for universities, colleges, Partner schools, institutions and governments, He also is a licensed architect in three states, Over 15 years experience working for and consulting to state Michelle Juarez and local government. She has extensive experience in Principal governmental finance and accounting for local government and higher education. Nancy Stepina-Robison Over 20 years of experience in higher education administration, Principal including serving as Vice Chancellor for Public and Government Relations of the State University System of Florida, involved in virtually every aspect of correctional management Kenneth McGinnis and operations over the course of a 30 year public service Principal career, Served as the Director of the Michigan Department of Corrections and the Director of the Illinois Department of Corrections, -- Summary of Qualifications and Experience NAME BACKGROUND 1ST -o;~ Karl Becker Principal Tom Jons Principal Dave Teater Principal Nina Barrios Principal JoAnn Cox Principal Joe Clark Principal Phil Crocker Principal More than two decades of experience working with federal, state and iocal criminal justice agencies, Served as Deputy Director of Finance and Administration for the Illinois Department of Corrections, Over 30 years of experience in higher education operations and administration, He specializes in information technology, planning and management systems, and educational research and policy analysis for schools, universities, colleges, states and associations, Over 30 years of experience as a classroom teacher, counselor, principal, assistant superintendent, superintendent, consultant, and educational planner for schools, Over 25 years of experience in a wide range of education and human services programs, Held various positions in the field of education for over 25 years, Including classroom teacher, curriculum and policy writer, assistant program administrator, university adjunct professor and educational consultant. Over 12 years of experience working in public education, His areas of expertise include application development and policy and legislative analysis; Geographical Information Systems (GIS) analysis; and database design, management and analysis Extensive experience in marketing and sales, operations, and the financial management of specialized high-tech consulting and development firms, ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) COUNTY OF PALM BEACH SS ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: /I!;jf~ t/ AME - SIGNATURE Sworn and subscribed before me this 3 day of January ,20 05 Printed Information: W, K. Boutwell NAME CEO and President TITLE ~~~. C~;y:-_ NOTAR PUBLIC, State ofFlonda at Large MGT of America, Inc. COMPANY '."~~':':'~" -p.,....,~. G {~/' ~.'.f::~ My C wynn B. Carpenter 'f,,~,;.!OMMISJSION# DD110674 EXPIRES <fo'i~b~'.." une 13 2Q06 ",,,,,,,. BOND[DTtI~UT~OY , F,I.,ININSUIMNCE,INC "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 NONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER State of Florida ) County of Leon ) w. K. Boutwell , being first duly sworn, deposes and says that: I) He is CEO and Presiden'Df (Title) has submitted the attached RFP: MGT of America, rnc. , the qualifier that (Name of Corporation or Firm) 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners. agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantagc against the (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) CEO and resident Subscribed and sworn to before me 3 d f January This ay 0 My commission expires Co - 1 ~ 05 ,20 ob THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 19 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your submittal sheet making it an official part of your RFP response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO x If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE 20 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs, Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program, In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition, 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1), 4) In the statement specified in subsection (1), notifY the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notifY the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by. any employee who is so convicted, 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section, As the person authorized to sign the statement, I certify that this firm complies fully with <b..h"'''q.;"m.... ~~~~ t/ e Signature THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 z o - Eo< :; - u - Eo< CI: -< =- ~ Iiol = ~ Iiol = ::; '-' Iiol '" ;: =- CI: Iiol Eo< Z Iiol '" '" Iiol Z - '" ~ = ;;.. 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'" ' f:16 0'" 925 ='" N N t>:: o r-. t>::1"l I"l....l ~~ oS: ~tl I"lU "'< ~~ ~< I"ll"l t>::... =:I"l .......l ~~ ",0 ZU 00 ~~ ol"l I"lEi ...00 ...z "0 ::;u =I"l ~= 1"l0 =... 0(:5 ...< I"l;.: "'u << '"=- 00 .. =: ... APPENDIX C: JOB CONTENT QUESTIONNAIRE@ Job Content Questionnaire'" JOB DESCRIPTION AND RESPONSIBILITIES SECTION 2.0 JOB DESCRIPTION In the space provided below, please give a brief, general description of the purpose of your position. This description does not have to be the same as your formal job description, but it can be if you choose. Indicate the number of full-time and part-time individuals you Supervise: Directly': full-time part-time Indirectly": full-time part-time . *Direct supervision is the management or oversight of employees who report work to you without the coordination of anyone else. Please do not include subcontractors. · **Indirect supervision is the management or oversight of employees whose work you monitor through coordination with other individuals. Please do not include subcontractors. SECTION 3.0 JOB DUTIES In the space provided below, please list the major job tasks of your position. For each task, indicate whether you complete the task Daily, Weekly. Monthly, or Annually. Also, please indicate the percent of your time that you spend on each task on a monthly basis, Finally, check the five tasks that most clearly define your job, . >=,. ..:I "';z;~> I-< ><..:I:l ...:1< :;0"'..:1 ~ ;z; ..:I~=~<~ - <= "'1-<<'" 1-<1-<1-< ~~~~ ~~~~~~ ...;Z;=I-< o"'U;Z; ESSENTIAL TASKS ~<o c:i:;;"'<.( ~"'",:; :; . ~ - %OF MOST FREQUENCY TIME IMPORTANT (If you need more space, continue on a sheet of paper and staple it to the back of the questionnaire.) . Human Resources Management Consulting Division Page 3 Job Content Questionnaire@> SECTION 4.0 RESPONSIBILITY WITHIN THE ORGANIZATION Please check the box next to the statement that most closetv matches the work that you perform on a regular basis, If there is more than one statement that seems to apply to the type of work that you peiform, please check the boxes for those that may also apply, MAY ALso CLOSEST FACTOR ApPLY FACTOR I work according to set procedures, My supervisor checks my work daily, I work according to some procedures but decide how or when to do things. My supervisor reviews my work about once a week. I am given a general outline of work to be performed and am free to develop work methods and sequences. My supervisor reviews my work oeriodically. I work within broad policy and organizational guidelines and do independent planning and implementation. I report progress of major activities through periodic conferences and meetings. I plan, organize, and implement programs within major organizational policies. I report I program progress to executive level administration through reports and conferences. I research and formulate long-range goals for the organization. I develop policy and position papers and negotiate with chief administrative officers and/or elected officials. Please give example of job tasks performed to support the choices above. SECTION 5.0 ROLE WITHIN THE ORGANIZATION Please indicate which of the following statements most closelv matches the work that you perform on a regular basis. o Clerical/Manual o Technical/Paraprofessional o Administrator o Managerial/Professional o Executive/Advanced Professional If you chose Clerical/Manual or Technical Paraorofessional, please skip to SECTION 6.0, If you chose Administrator, please skip to SECTION 5.1. If you chose Managerial/Professional, please skip to SECTION 5.2, If you chose Executive/Advanced Professional. please skip to SECTION 5.3, SECTION 5.1 ROLE WITHIN THE ORGANIZATION- ADMINISTRATOR MGT Of~ Human Resources Management Consulting Division Page 4 Job Content Questionnaire" Do you spend more than 50 percent of your time performing office or non-manual work of substantial importance directly related to management policies or general business operations? DYes DNo Do you customarily and regularly exercise discretion and independent judgement? Discretion and independent judgement must be exercised with regard to matters of importance or consequence, without close supervision. The following skills are examples of administrative tasks that are not considered to require discretion and independent judgement: . Routine, repetitive, or clerical tasks · Inspecting, measuring, or comparing to a standard . Following standardized procedures, techniques, or procedures · Utilize special training to perform a defined function · Carry out practices according to standards set by a supervisor DYes D No SECTION 5.2 ROLE WITHIN THE ORGANIZA T10N- MANAGERIAL/PROFESSIONAL Do you spend more than 50 percent of you time working as a professional in either a learned or artistic profession? "Learned" professions require advanced learning acquired by a prolonged course of specialized intellectual instruction. "Artistic" professions include those that produce original or creative work depending primarily on invention, imagination, or talent. DYes D No Do you customarily and regularly exercise discretion and independent judgement? Discretion and independent judgement must be exercised with regard to matters of importance or consequence, without close supervision. The following skills are examples of administrative tasks that are not considered to require discretion and independent judgement: · Routine, repetitive, or clerical tasks · Inspecting, measuring, or comparing to a standard · Following standardized procedures, techniques, or procedures . Utilize special training to perform a defined function · Carry out practices according to standards set by a supervisor DYes D No Is your professional work considered computer-related? Computer-related occupations have primary duties that include at least one of the following (or similar) tasks: · Application of systems analysis techniques and procedures, including consulting with users, to detennine hardware, software, or system functional specifications · Design, development, documentation, analysis, creation, testing or modification of computer systems or programs · Design, documentation, testing, creation, or modification of computer programs related to machine operating systems DYes D No SECTION 5.3 ROLE WITHIN THE ORGANIZATlON- EXECUTIVE Do you spend more than 50 percent of your time in the management of the organization, a division, or subdivision? Mst Of~ Human Resources Management Consulting Division PageS Management duties may include: Job Content Questionnoire@ . Interviewing, selecting, and training employees · Setting and adjusting employees' rates of pay and hours of work . Directing employees work . Evaluating employee performance . Handling employee complaints and grievances . Disciplining employees · Planning the work and determining the sequence or type of work performed DYes 0 No SECTION 6.0 VOCATIONAL/EDUCATIONAL PREPARATION What level of education is reouiredfor your position? o Up to and including some high school o Completion of high school o Some College o Completion of associate's degree o Completion of bachelor's degree o Some graduate work o Completion of master's degree o Completion of doctorate degree o Other o Other What certifications, licenses, or professional designations, if any are required for your position? What certifications, licenses, or professional designations, if any are oreferredfor your position? SECTION 7.0 EXPERIENCE REQUIRED How much experience is reouiredfor your position? o No experience required o Six Months o 1 Year o 2 Years o 3 Years o 4 Years Can education be substitutedfor experience? DYes o No Mst Of~ 0 5 Years 0 6 Years 0 7 Years 0 8 Years 0 Over 8 Years Can experience be substitutedfor education? DYes o No Human Resources Management Consulting Division Page 6 Job Content Quest;onna;re~ JOB FACTORS SECTION 8.0 WORK PERFORMED This section relates to the broad type of work you perform in your job (the essential tasks you identified on the previous page). Please read each of the sentences below, and check the box representing the closest match to the work that you described on the previous page. . If there is more than one statement that seems to apply to the type of work that you perform, please check the boxes for those that may also apply. MAY ALSO CLOSEST FACTOR ApPLY FACTOR *Perform clerical or manual tasks; *May copy, compile, or enter data, or compute data using addition, subtraction, multiplication, and division; or COffinaTe items against a standard *Perfonn clerical or manual tasks involving intensive understanding of a restricted field, unit or division; *May summarize, tabulate, or format data or information, or gather data and information for later evaluation; or perform arithmetic operations including basic geometry or algebra, including computing discounts, interest rates, ratios andlor percents *Perform specialized technical work involving data collection, evaluation, analysis, and troubleshooting, or reports on operations and activities of a department, or performs general coordination of individual or departmental activities; *May use descriptive statistics, advanced geometry or algebra; requires the use of a wide range of administrative andlor technical methods in the solution of prohlems "Perform entry level professional work including basic data analysis and synthesis, or report on operations and activities of an organization; or perform quality assurance and compliance activities; *May use advanced algebra, inferential statistics, andlor financial models *Perform professional level work requiring a wide range of administrative, technical, scientific, engineering, accounting, legal, or managerial methods applied to complex problems; *May plan or direct the secmence of department or division activities *Perform professional or managerial work including advanced data analysis and synthesis; "May develop policies, procedures, or methodologies based on new facts or knowledge; or interpret or apply established policies *Perform advanced professional work methods to formulate important recommendations or make technical decisions that have an organization-wide impact; *May require the use of creative ability and resourcefulness in the analysis and solution of complex problems; may develop new approaches or methodologies to solve problems not previously encountered *Perfonn executive or expert professional work to establish policy, long-range plans, and programs, identify funding sources and allocate funds; *May develop or use theoretical mathematical concepts to fonnulate new techniques, or make decisions that impact both the organization and the discipline Please give example of job tasks performed to support the choices above. MGl Of~ Human Resources Management Consulting Division Page 7 Job Content Questionnaire@> SECTION 9.0 RESPONSIBILITY AND LEADERSHIP This section relates to the amount of leadership your job requires. Please read each of the sentences below, and check the box representing the closest match to the work that you described on the previous page. If there is more than one statement that seems to apply to the type of work that you perform, please check the boxes for those that may also apply, MAY ALso ApPLY CLOSEST FACTOR FACTOR *Follow instructions or work orders; or read routine sentences, instructions, regulations, or procedures; *Comrnunicate using routine sentences, complete routine job forms and incident reports, or communicate routine information regarding daily activities *Follow technical instructions, procedure manuals and charts to solve practical problems, or compose routine or specialized reports or forms and business letters, or ensure compliance with clear guidelines and standards; *Communicate to conveyor exchange general work- related information or service to internal or external customers *Follow complex technical instructions, solve technical problems, or disseminate information regarding policies and procedures; may compose unique reports or analysis, or provide extensive customer service to internal or external customers; *Communicate information to guide or assis~eople; may give instructions or assignments to helpers or assistants *Follow complex rules or systems, using professional literature and technical reports; or enforce laws, rules, regulations, or ordinances; *Communicate with internal and external groups, write manuals and complex reports, persuade or influence others in favor of a service, point of view, or course of action *Supervise, instruct, or train others through explanation, demonstration, and supervised practice or make recommendations based on technical expertise; *May have first-level supervisory duties including administration of performance feedback; or coordinate work activity schedules for teams; *Communicate information among co-workers, customers, vendors, and management; or speak before professional and civic groups; may write complex articles and reports or develop presentations for specialized audiences; may read scientific or technical journals or reports *Direct, manage, or lead others; may determine work procedures, assign duties, maintain harmonious relations, or promote efficiency; may develop and administer operational programs; or may write or present extremely complex papers and reports; *Communicate with operational and functional leaders; read and interpret professional materials involving advanced bodies of knowledge *Formulate and issue policies, procedures, and instructions; responsible for long term planning within a department or division; *Communicates through negotiation and consensus building to exchange ideas, information, and opinions or develop decisions, conclusions, or solutions *Guide organization-wide development; leads the development of organization mission, vision, and principles; directs capital improvement initiatives; *Communicate with key stakeholders to effect long term planning and to secure organization position and resources Please give example of job tasks performed to support tbe cboices above. MIit O{~ Human Resources Management Consulting Division Page 8 Job Content Questionnaire@ SECTION 10.0 DECISION MAKING This section relates to the amount of decision-making your job requires. Please read each of the sentences below, and check the box representing the closest match to the work that you described on the previous page. f( there is more than one statement that seems to apply to the type of work that you perform, please check the boxes for those that may also apply, MAY ALSO CLOSEST FACTOR ApPLY FACTOR . , 'Work in a very stable *Perfonn routine or semi-routine work under direct supervlslOn; environment with clear and uncomplicated written/oral instructions *Requires very few decisions, affecting only the individual *Perform semi-routine work involving set procedures, but which may require problem-solving, serve customers or co-workers, or respond to requests; *Wark in a stable environment with clear and uncomplicated written/oral instructions but with some variations from the routine; may be responsible for providing information to others; *Requires some decisions that affect a few co- workers *Perform semi-skilled work involving some set procedures and frequent problem solving; *Work in a somewhat fluid environment with rules and procedures having many variations from the routine *Requires frequent decision making affecting co-workers or the general public; may be responsible for providing information to those who depend on a service or product *Perform skilled work involving almost constant problem solving; 'Work in a moderately fluid environment with guidelines and rules having frequent variations from the routine; *May be responsible for actions of others, requiring almost constant decisions affecting co-workers, crime victims, patients, customers, clients or others in the general public *Perform coordinating work involving guidelines and rules with constant problem solving; *W ork in a very fluid environment with guidelines having significant variation; 'May be responsible for actions of others requiring development of procedures and constant decisions affecting subordinate workers, crime victims, patients, customers, clients, or others in the general public *Perform management and supervisory work involving policy and guideline interpretation, solving both people and work related problems; *W ork in a dynamic environment, responsible to assist in developing policies and practice; *Decision-making is a significant part of job, affecting a large segment of the organization and the general public 'Perform advanced professional work involving the application of principles of logical thinking to diagnose or define problems, collect data and solve abstract problems with widespread unit or organization impact *Decision-making is almost the entire focus of job, affecting most segments of the organization and the general public; *W ork in a highly dynamic environment, responsible to establish goals, objectives and policies *Perform executive work involving the application of broad principles of professional management and leadership to new problems for which conventional solutions mayor may nor exist; *Decision-making is the primary aspect of the job, affecting organization, related organizations, and major segments of the general population. * Responsible for long-range goals, planning, and methodologies; works in an evolving environment with emerging knowledge and technologies, col11peting priorities. and changing politics Please give example of job tasks performed to support the choices above. MGt Of~ Human Resources Management Consulting Division Page 9 Job Content Questionnaire"' SECTION 11.0 FINANCIAL AUTHORITY Please read each of the sentences below, and check the boxes next to each factor representing the financial authority your job entails, o NonelNot Applicable o Handle cash transactions; prepare and process purchase orders o Bill or reconcile records, including departmental budget records and other related information such as subcontracts o Manage inventory, property, or loss control o Administer benefits by determining individual eligibility and coverage levels o Purchasing authority: the ability to purchase goods or services worth more than $ I 00 without securing approval from another authority o Manage or administer budget within assigned department o Budget or allocate funds within or across departments or divisions Please give example of job tasks performed to support the choices ahove. SECTION 12.0 TOOLS AND EQUIPMENT USAGE Please read each of the sentences below, and check the boxes next to each factor representing the tools or equipment you use in various ways to complete your job. o NonelNot Applicable o Use office machines such as copiers or calculators o Use computers for data entry; bandle, use, or repair hand-held power equipment or light machinery o Use computers for word processing, spreadsheets, PowerPoint presentations or custom applications; operate or repair large shop equipment and machines, vehicles, or firearms SECTION 12.0 TOOLS AND EQUIPMENT USAGE, Contd. Mlt ti{~ Human Resources Management Consulting Division Poge 10 Job Content Questionnaire@ Please read each of the sentences below, and check the boxes next to each factor representing the tools or equipment you use in various ways to complete your job. o Use, develop, or repair electronics or complex software, hardware, or network systems; operate, instal], test or inspect heavy or complex machinery o Supervise the activities of those operating or repairing complex machinery or technology systems o Interpret policy and establish methods and procedures for acquiring, installing, testing, operating or repairing machinery or technology systems o Establish policy for the acquisition, installation, testing, operation, and maintenance of machinery or technology systems o Establish long-range plans and programs for capital improvements, major construction projects, or new technology systems Please give example of job tasks performed to support the choices above. SECTION 13.0 PHYSICAL REQUIREMENTS This section relates to the amount of physical ability your job requires. Please check each factor that is required to complete an essentialjob function (which you identified in Section 2,0 - Job Descriptions and Responsibilities), 0 None/ Not Applicable 0 Lift more than 20 lbs. 0 Lift more than 40 Ibs, 0 Lift more than 60 Ibs, 0 Vision: any 0 Vision: color perception 0 Sense of Smell 0 Sense of Taste 0 Hearing: any 0 Hearing: above average 0 Speaking 0 Depth perception o Texture perception o Any other physical requirement for essential job tasks: SECTION 13.0 PHYSICAL REQUIREMENTS, Contd. This section relates to the amount of physical ability your job requires. Please check each factor that is required to complete an essential job function (which you ident(fied in Section 2.0 - Job Descriptions and Responsibilities). Mst Of~ Human Resources Management Consuhing Division Page /I Job Content Questionnaire'" Please give example of job tasks performed to support the choices above. SECTION 14.0 SUPERVISOR'S COMMENTS Instructions: Please review the questionnaire carefully and check if you agree or disagree with the employee'5 choices or statements. Note any additional information that you feel is important to the understanding of this employee '5 work. If you disagree with any of the levels checked or statements made in this questionnaire, we ask that vou do not chanfle anv reSDonse nor ask the emolovee to chanfle a reSDonse. Rather, please indicate your comments on this page. If you need additional room, please add a page and staple it securely to this questionnaire. Each section must be reviewed. Failure to review each section thoroughly and to complete this section of the questionnaire will result in a delay in the evaluation process. Thank you for your time and careful attention to this process. SECTION AGREE DISAGREE COMMENTS 1.0 2.0 3.0 4.0 5.0 6.0 7,0 8.0 9.0 10.0 11.0 12.0 13.0 I certifY that I have read and reviewed this questionnaire and that I have noted any additional information or areas of disagreement to the best of my ability. Supervisor's Signature Date Additional Comments: MGt Of~ Human Resources Management Consulting Division Page /2 APPENDIX D: MANAGEMENT ISSUE PAPERS@ Management Issues Pape(9 This tool is designed to collect information about specific concerns that you may have reiated to the compensation and classification system for the City of Boynton Beach, The information that you submit will be used to assist MGT of America, Inc, in the overall job evaluation and make recommendations for updating and improving the current system, Author of Manaaement Issue PaDe,JID: Your Name: Department Name: Your Classification Title: ManaQement Issue Detail: I. OFFICIAL CLASSIFICATION TITLE (Job Title) RELATED TO ISSUE: II. EMPLOYEES IN CLASS RELATED TO THE ISSUE (please list names of class incumbents. The back of this paper may be used for additional space if necessary): III. DESCRIPTION/RESOLUTlON OF ISSUE: Please Check NATURE OF ISSUE RECOMMENDED all that apply RESOLUTION Recruitment/Retention of qualified employees Current Pay Grade/Salary Range should be Recommended New Pay revised/updated Grade or Salary Range: Classification Title should be revised/updated Recommended New Title: Career Path/Advancement for this Recommended New Series Classification or Advancement level:: Other (please briefly describe) IV. BACKGROUND OF ISSUE A. Please briefly describe the nature of the issue(s) checked in Part III: B, Are other related classifications comparable to this classification in terms of required skill, effort, responsibility or working conditions? Please list titles and pay grades: City of Boynton Beach Page 1 of1 CorDorate Office 2123 Centre Pointe Boulevard Tallahassee, Florida 32308 (850) 386-3191 www.MGTofAmerica.com . . Regional Offices 711 Capitol Way Suite 608 Olympia, WA 98501 (360) 866-7303 455 Capitol Mall Suite 600 Sacramento, CA 95814 (916) 443.3411 . . 250 Berryh ill Road Suite 525 Columbia, SC 29201 (803) 772-2033 502 E. 11th Street Suite 300 Austin, TX 78701 (512) 476-4697 . 0..... ~ ""l VI.-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's OtTtce Requested City Commission Meetine: Dates Date Final Form Must be Turned in to Citv Clerk's Office o December 7, 2004 o December 21, 2004 ~ January 4, 2005 o January 18, 2005 o February 1,2005 o February 15. 2005 o March 1,2005 o March IS, 2005 February 28, 2005 (NooliP ["1 " r',,) i._.; November 15, 2004 (Noon.) January 17,2005 (Noon) December 6, 2004 (Noon) January 31, 2005 (Noon) December 20, 2004 (Noon) February 14, 2005 (Noonl, January 3, 2005 (Noon) NATURE OF AGENDA ITEM o Administrative 8' Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report 0 Development Plans ~-~ 0 New Business _J: Legal C) '---' 0 ," -') Unfinished Business u 0 Presentation ',.'J '--1-"1 :~~ -< -<c.) .-)--'1 GJ 1;"-) :;cl;:~ ,)-'i o "')~ " I c:J ~:-- t.,., ';")J> ; .le) ::c RECOMMENDATION: Approval of an Resolution creating Grant Funding Policies governing all grants awarded by the City to outside individuals and organizations, Currently, the procedures followed by staff and required of grant fund applicants is not well documented, Lack of documentation has the potential to create uncertainty and confusion as to how the process works, The draft policies are intended to clarifY the role of applicants, reviewing staff, City Manager, City Attorney and City Comf'li5'ion, EXPLANATION: PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None ~..r City Mana r's Signature ~nd~~ature City Attorney Department Name ~#~ ty Attorney / Fmance / Human Resources S\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC 1 2 RESOLUTION NO. os-Ola 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF THE 6 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 7 AND ADOPTING GRANT FUNDING POLICIES; 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City Commission of the City of Boynton Beach desires to create 12 policies governing all grants which are awarded by the City to outside individuals and 13 organizations; and 14 15 WHEREAS, the City Commission intends for the following policies to cover all 16 instances when the City Commission approves distribution of public funds to individuals or other 17 legal entities, with the exception of distribution of Community Investment Funds by the City 18 Commission which are regulated by the procedures set forth in Resolution R03-137. 19 20 WHEREAS, the grant funding policies adopted by the City should clearly indicate that 21 they are intended to be supplemental and subordinate to federal regulations as they pertain to the 22 CDBG program. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 27 confirmed by the City Commission. 28 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 29 approves and adopts the following Grant Funding Policies: 30 GRANT FUNDING POLICIES 31 Intent 32 It is the intent of the City Commission by adopting the following polices that the City 33 implement grant application, evaluation, letting, and monitoring procedures that: S:\CA SOIGrantsIRevised Grant Funding Procedures,doc 1/28/2 5 Page 1 of 9 I 2 3 (a) Establish a process for announcing the availability of grant funds, the purposes for which they can be used, and the procedures for making application for those funds. 4 5 (b) Encourage eligible individuals and organizations to seek appropriate funding from the City. (c) Provide a level playing field for grant applicants. 6 7 8 (d) Require full documentation of the process from time of announcement to time of completion of the project funded by a City grant. ( e) Require transparency of the grant decision making process so that it is clear why some applicants are successful in obtaining grant funding and why others are not. (f) Require objective decision making on the part of City staff involved in the grant application evaluation process, 9 10 II 12 13 14 (g) Describe the role of the City Commission in authorizing project or social service funding with public funds, (h) Insure that limitations or conditions on the use of public funds obtained by applicants through the City's grant letting process are consistent with state and federal rules and regulations, 15 16 17 18 (i) . Establish accountability by all individuals involved in grant funding. (j) Describe the responsibilities ofthe City staff in monitoring the use of grant funds, (k) Require the City staff to maintain accurate grant records and provide for reports to the City Commission the use and availability of funds. 19 20 21 22 The foregoing objectives, and the following policies should be viewed as supplemental 23 and subordinate to state and/or federal regulations pertaining to CDBG funds. In the event 24 of a conflict between what is required by state or federal regulation and what is required 25 by theses policies, state and federal regulations control. 26 Roles and Responsibilities 27 City Commission- The City Commission shall be responsible for: 28 29 (a) Establishing by resolution general policies to ensure accountability for the use of public dollars obtained through grant programs regardless of the source of funds. Appropriate funds in the City's annual budget to provide funds or matching funds for projects or services which benefit the community. 30 31 (b) S:\CA SO\Grants\Revi~~d Grant Funding Procedures,doc 1/28/2 5 Page 2 of 9 1 2 3 4 (c) Appropriate funds in the City's annual budget for administrative costs necessary to manage the City's grant programs. (d) Review and act on recommendation from the City's professional staff on issues regarding grant administration and distribution. 5 Staff- The City's staff is responsible for: 6 7 8 9 10 11 ]2 ]3 14 15 ]6 17 ]8 19 20 21 22 (c) (d) (e) (t) (a) Gathering information of the availability of County, State, Federal, or private grant opportunities and report that information to the City Manager and the City Commission. (b) Day to day administration of the City's grant programs, including, but not limited to, promoting grant programs, education regarding the grant application process, application assistance, evaluation of applicants, recommendation of funding awards, management of grant funds consistent with state and federal rules and regulations, monitoring of grant contracts, preparation of reporting documents, interfacing with regulatory personnel from other agencies, and periodically reporting to the City Commission the status of programs funded through the City's grant program, Maintaining and report the availability of funds. Maintaining accurate and current information on the expenditure of all grant dollars, the status of pending grants, and grant monitoring, Processing requests for public records in cooperation with the City Clerk. Providing, through the City Manager, information requested by City Commissioners. 23 City Manager- The City manager is responsible for: 24 25 26 27 28 (a) (b) (c) (d) Oversight ofthe City staff. DeSignating or appointing City staffto administer the City's grant programs. Requesting, in his/her annual budget, funds to provide grant opporturuties and for grant administration. 29 City Attorney-The City Attorney is responsible for: Coordinating his/her staffs periodic reports to the City Commission. 30 31 (a) (b) Reviewing and approving all forms used in the grant application process, Preparing agreements with grant recipients. S:\CA SO\Grants\Revi~ed Grant Funding Procedures,doc 1/28/2 5' Page 3 of 9 1 2 (c) 3 General policies 24 25 26 27 28 29 30 31 32 33 34 35 36 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (a) (4) (5) Advising the City Manger, City staff and City Commission on issues of law that impact the City's grant program or grant agreements, Access to funding (I) The City staff should announce and publish all funding opportunities, through public announcements, postings, explanatory leaflets, targeted mailing to local organizations, press releases tOe the media, and other means that might expand the base of applicants who desire to serve the community through the use of public funds. This is particularly important where a funding opportunity is available for the first time, during annual renewal, or where the terms of funding are revised. (2) Interested parties should be able to find out easily what the funds are available and what those funds will and will not support; key conditions of funding; exclusions; the likely scale of competition for funds; any upper or lower limits on grant size; how to apply for a grant; how the applications will be handled; and how long it will take to reach a decision. Each enquirer should be provided with a clear funding timetable that sets out the City's calendar of key deadlines in the funding process. Information should be disseminated early enough to allow time for applications to be prepared, taking into account the circumstances of potential applicants. City staff should act in the role of facilitator of the application process, not as a gatekeeper. Each enquirer should be treated as an equal in the application process. (3) Funding application forms and accompanying instructions should be clear and user-friendly and any additional documentation required should be specified. Where application forms are not used, guidance notes or a simple information checklist should be provided. Examples of previous forms which resulting in funding should be provided to interested parties to illustrate the content of a successful application, City staff should consider whether special steps are required to ensure fair and equal access to information and funding across geographical areas; for ethnic or racial minority groups; for groups from different religious and cultural backgrounds; for disadvantaged groups; and for those with special needs whom the City particularly wishes to reach. The City Manager should establish oversight procedures to monitor the effectiveness of this approach, S:\CA SOIGrants\Revised Grant Funding Procedures.doc 1/28/2 5" Page 4 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 (b) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (6) (7) The City Commission, following a recommendation from City staff, should consider whether they can produce bilingual information and forms and be prepared to assist non-English speaking applicants to complete the City's applications The City staff should maintain a list of the name, address and telephone number of all individuals who make inquiry regarding funding opportunities and a procedure for follow up with those individuals should be developed as a means of measuring the success of City's procedures. The success of the City's funding procedures should be measure not only by those who are successful in the funding process, but also by understanding why those who sought funding and were not able to obtain funding failed, Processing grant applications (I) (2) (3) (4) (5) Timetables and procedures for processing applications should be set and publicized, with particular emphasis on deadlines and the reason for them. The City staff should identify clearly the information that they wish to collect and how that information will be used in the decision-making process. Information concerning the applicant's objectives; experience of related work; the purpose and expected outcome of the work to be funded; financial competence; and current financial position should be completely documented and verified. Documentation of this information is critical to evaluating and verifying the effectiveness ofthe decision-making process. Completed grant applications should be acknowledged on receipt. When a grant applicant is reviewed and it is determined that necessary information is lacking, the applicant shall be contacted personally and advised of the deficiencies, The deadlines for applications should be set to allow one short period of time for correction or supplementation. Applicants should be made aware of suitable sources of advice and help with their applications. The City should maintain a list of the name, address and telephone number of all applicants as well as the time and date of filing. The City staff should develop a procedure for follow up with those individuals should be developed as a means of measuring the success of City's procedures. The success of the City's funding procedures should be measure not only by those who are successful in the funding process, but also by understanding why those who sought funding and were not able to obtain funding failed. S:ICA' SOIGrantsIRevised Grant Funding Procedures,doc 1/28/2 5 Page 5 of 9 34 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 (d) (c) Decision-making 22 23 24 25 26 27 28 29 30 31 32 33 (1) The City staff should have clear written criteria for making grant decisions. The City Commission should be advised of the proposed criteria prior to it being announced to the public or incorporated in application documents or grant agreements, (2) The criteria for approving or rejecting an applicant should be objective and not subjective. These should cover the extent of any delegated authority, the timetable, the criteria for approval, and any training or special expertise required for the decision-making process. (3) Staff evaluators and their supervisors shall consider whether arrangements should be made to avoid any appearance of improper conflict of interest arising for those involved in decision- making. (4) Applicants should be notified of decisions as soon as possible. (5) For successful applications, where funding is requested for a specific period (eg a financial year), it may be helpful to give a provisional indication of the grant as far in advance of the start of the period as possible, but a definite figure should be confirmed not later than the start of the period. (6) City staff shall write to all unsuccessful applicants to give the principal reasons for a refusal to make a grant. Selecting whom to fund (1) Applications should be judged on substance rather than presentation, except to the extent that presentation is material. (2) City staff should consider whether voluntary organizations should be encouraged to seek funding from a range of sources, recognizing that such encouragement may in different circumstances constitute a reasonable challenge or an unreasonable burden. Where matching funding is required, staff should consider the economic value of volunteering and of community activity and self-help. The City staff and City Commission should be careful to avoid 'double funding (3) The City staff should require evidence of a voluntary organization's commitment to equal opportunities in terms of their own personnel policies and the delivery of services to their clients. (4) The City staff should consider the extent and nature of the contribution S:ICA SOIGrantsIRevised Grant Funding Procedures.doc 1/28/2 5 Page 6 of9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 (e) (2) (3) (t) (1) (2) (3) that volunteers and users might make to the proposed activity where this is consonant with wider policy objectives. (5) Following evaluation of applicants by the City staff, the City staff shall forward a recommendation to the City Commission through the City Manager. The recommendation shall contain sufficient justification for the rejection of any application. (6) Final approval of funding is reserved to the City Commission, Payment procedures (1) There should be written confirmation of the grant offer and any conditions before any payment is made. It may also be appropriate to confirm the applicant's acceptance of these conditions. The City Attorney shall review and approve all contracts between the City and an applicant. Grant conditions should clearly state the amount, purpose and duration of the grant; the arrangements for payment; the monitoring and evaluation arrangements which apply; the limitation on the use of the funds, if any, and the circumstances in which funding might be terminated. The City staff should recognize that some organizations cannot function without receiving payments in advance, and should make suitable arrangements where possible. The City staff should also be aware of the problems for grant recipients that may be caused by departure from any agreed schedule of payments. Monitoring & evaluation Appropriate measures of performance (ie monitoring) and outcome/output (ie evaluation) should be agreed at the outset with all organizations receiving funding. These should conform to clear policy objectives for the overall grant scheme. Monitoring should not become an excessive burden on either the City staff or the grant recipient funded, but should be appropriate to the level and type of funding provided, the nature of service required, and the need to ensure proper accountability for the expenditure of public dollars, The City staff should evaluate grant fund expenditure in accordance with these policies, the grant contract documents and applicable county, state, or federal laws and regulations, City grant agreements should require grant recipients to use self- evaluation and periodically report to the City staff the use of funds and level of services provided with those funds. Where S:\CA SOIGrantslRevised Grant Funding Procedures,doc li28/2 5 Page 7 of 9 1 2 3 4 5 6 7 8 9 10 (g) appropriate, the City, through inter-local agreement or informal understanding, should act in consort with any other private or public entities supporting a grantees activities. (4) The City staff shall request appropriate levels of financial information and should require independent verification of accounts, through audit & or independent examination. 11 12 13 14 15 (2) (5) The City Attorney shall ensure that all grant agreements contain provisions for terminating funding in the event of unsatisfactory performance or breach of grant conditions. 16 (h) Dissemination (I) The City shall require all grant recipients to disseminate the results of projects or services funded and if necessary should make provision in the grant agreement for dissemination. The City staff should disseminate to the public at least once annually the results of project or services funded with public dollars. 17 18 (I) Changes to funding 19 20 (2) The City staff should give as much notice as possible of any changes in grant scheme policy or management arrangements, Voluntary organizations should be consulted prior to any changes in their funding position, which arise from evaluations of individual grants, The City staff should ensure that decisions on funding are taken well before arrangements have to be made to terminate a service. Should any section or provision of this Resolution or portion hereof, any 25 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 21 22 23 24 (3) 26 decision shall not affect the remainder ofthis Resolution, Section 3. 27 28 29 Section 4. This Resolution shall become effective immediately upon passage. S:\CA SOIGrantsIRevised Grant Funding Procedures. doc 1/28/2 5 .', Page 8 of 9 30 PASSED AND ADOPTED this l5" day of Fe6("lIn cy ,2005, 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 6 Mayor 7 8 9 10 Vice Mayor 11 12 13 14 Commissioner 15 16 17 18 Commissioner 19 20 21 22 Commissioner 23 ATTEST: 24 25 26 27 City Clerk 28 29 (CORPORATE SEAL) 30 31 32 33 S:\CA SOIGrants\Revised Grant Funding Procedures,doc 1/28/2 5 Page 9 of 9 C ;{';' 0 " ....."',h 0' ~~") ,....,;:><..~: VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Requested City Commission Meetine Dates Date Final Form Must be Turned in to City Clerk's Office December 20, 2004 (Noon) D February 1,2005 i:2J February 15.2005 D March 1, 2005 D March 15, 2005 January 17, 2005 (Noon) D December 7,2004 D December 21, 2004 D January 4, 2005 D January 18, 2005 November 15,2004 (Noon.) December 6,2004 (Noon) January 31,2005 (Noon) February 14, 2005 (Noon) January 3, 2005 (Noon) February 28, 2005 (Noon) NATURE OF AGENDA ITEM D Administrative i:2J Consent Agenda D Public Hearing D Bids D Announcement D City Manager's Report D Development Plans D New Business D Legal D Unfinished Business D Presentation RECOMMENDATION: Authorize contract for Federal lobby services with the firm ofU, S, Strategies Corp, (USSC) at an annual cost of$60,000, A portion of this cost is proposed to be shared with the CRA, EXPLANATION: Securing a Federal Lobbyis firm was identified by the City Commission as part of the 2004 Strategic Plan, Staff surveyed other Palm Beach County municipalities to determine which communities use Federal lobbyists, how long and the cost of services, It was found that the services offered by U ,S, Strategies were competitive with other firms, Cities Using Federal Lobbyists City Firm Annual Cost Years w/firm Boca Raton Alcalde & Fay, Ltd $72,000 5 years Riviera Beach Alcalde & Fay, Ltd $72,000 6 years West Palm Beach Holland & Knight, LLP $120,000 2 years Wellington Beal Johnson, Ltd $60,000 5 years Boynton Beach (Proposed) U.S. Strategies Corp. $60,000 o years USSC would work with the City on a wide variety of funding projects and permitting issues, Examples of work include the following: working with Federal legislative and regulatory bodies for necessary approvals and funding for improvements to the Boynton Inlet, Boynton Beach Boulevard Promenade, Other activities include assistance on: Exploring the feasibility of wastewater and reclaimed water projects, developing a strategic plan in concert with Florida Atlantic University or other institutions for the further development of a Paleontology Museum, working to secure through grants or direct earmark funding to enhance the City of Boynton Beach Senior Center and working on inter-modal transportation opportunities to link Boynton Beach downtown area with other parts of the City and other communities, Additionally. USSC will develop strategies and work to secure funding for programs and projects, which have been identified by the City as priorities, S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC : W.': "'.. u j~. , CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM including proactive identification of new funding opportunities, Additionally, USSC will work with the City's Grant team via the City Manager's Office to identifY and evaluate Federal grant fund opportunities that may be beneficial and cost-effective for the City to pursue, USSC would represent the City of Boynton Beach and the Boynton Beach City Commission before U.S, Congress and Federal agencies, USSC will work with on Federal Grant Funding opportunities and strategies, preservation of Community Development Block Grant funding levels, opportunities for redevelopment funding via Small Business Administration. Housing and Urban Development or other Federal Agencies, Coordinate with the City's Congressional Delegation in gaining support for the city's federal agenda; assist in drafting appropriate correspondence. schedule briefings and meetings and identifYing key federal contacts, The proposed contract would be from February 16, 2005 through September 30, 2006 to coincide with the City's fiscal year. PROGRAM IMPACT: Securing Federal lobby services is proposed to provide a means of be Iter securing funds, preserving funding authorizations of existing programs and to be belter informed of Federal programs, regulations or legislation that could impact Boynton Beach, FISCAL IMPACT: Funds for the services have been include in the approved 2004-05 Budget. AL TERN A TIVES: Do not award a contract for Federal lobby services at is time, y / Finance I Human Resources Department Head's Signature Department Name S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC 1 RESOLUTION NO. R05- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING THE CITY 6 MANAGER TO EXECUTE AGREEMENT FOR 7 PROFESSIONAL SERVICES BETWEEN THE CITY OF 8 BOYNTON BEACH AND U.S. STRATEGIES CORP., AT 9 AN ANNUAL COST OF $60,000.00; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be 15 in the best interests of the citizens and residents of the City of Boynton to enter into an 16 Agreement for Professional Services with U.S, Strategies Corp., to provide a means of better 17 securing funds, preserving funding authorizations of existing programs and to inform of Federal 18 programs, regulations or legislation that could impact the City of Boynton Beach, 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 25 authorize and direct the approval and execution by the City Manager of Agreement For 26 Professional Services between the City of Boynton Beach and U.S. Strategies Corp, in an 27 annual amount of $60,000.00, which is Agreement is attached hereto as Exhibit "A, 28 Section 3. This Resolution shall become effective immediately upon passage, 29 30 31 S:\CA\RESQ\Agreernenls\lobbyist us Strategies Corp.doc 2 PASSED AND ADOPTED this _ day of February, 2005. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 City Clerk 24 25 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\RESO\Agreemenls\Lobbyisl us Strategies Corp.doc AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND u. S. STRATEGIES CORP The following is an Agreement between the City of Boynton Beach, hereinafter referred to as "CITY," and the firm of U.S, Strategies Corp., a Florida corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CONTRACTOR is a firm duly qualified as experts in the field of government relations. WHEREAS, in the judgment of the City Commission of the City of Boynton Beach, it is necessary and desirable to employ the services of CONTRACTOR to assist the City Manager with special projects approved by the City Commission, PART I - SPECIAL PROVISIONS A. Scope of Services. CONTRACTOR shall act as a consultant, lobbyist and strategic planner to the City of Boynton Beach in the development and execution of a federal legislative agenda. Such services would include but not be limited to: . Issues research. CONTRACTOR offers its extensive experience and background in legislative research to advise as to appropriate action as requested by the commission and CONTRACTOR will provide periodic briefing to the City on emerging issues at the Federal Level that may have an impact on the City, . Issues strategies. CONTRACTOR will recommend strategies as requested to best address City issues and objectives and work closely with the City Manager and designated staff in researching current issues and providing background information, . Special projects identification and implementation. CONTRACTOR will assist the City Manager and City Commission in developing the city's legislative priorities, CONTRACTOR will work with staff to carry out issue objectives as identified by the City Commission, These issues may include such projects as working with Federal legislative and regulatory bodies for necessary approvals and funding for improvements to the Boynton Inlet, Boynton Beach Boulevard Promenade. Other activities include assistance on: Exploring the feasibility of wastewater and reclaimed water projects, developing a strategic plan in concert with Florida Atlantic University or other institutions for the further development of a Paleontology Museum, working to secure through grants or direct earmark funding to enhance the City of Boynton Beach Senior Center and working on inter-modal transportation opportunities to link Boynton Beach downtown area with other parts of the City and other communities, Additionally, CONTRACTOR will develop strategies and work to secure funding for programs and projects, which have been identified by the City as priorities, including proactive identification of new funding opportunities, Additionally, CONTRACTOR will work with the City's Grant team via the City Manager's Office to identify and evaluate Federal grant fund opportunities that may be beneficial and cost-effective for the City to pursue, . Legislative Lobbying Services. CONTRACTOR shall represent the City of Boynton Beach and the Boynton Beach City Commission before U.S, Congress and Federal agencies, CONTRACTOR will work with on Federal Grant Funding opportunities and strategies, preservation of Community Development Block Grant funding levels, opportunities for redevelopment funding via Small Business Administration, Housing and Urban Development or other Federal Agencies, Coordinate with the City's Congressional Delegation in gaining support for the city's federal agenda; assist in drafting appropriate correspondence, schedule briefings and meetings and identifying key federal contacts. B. PAYMENT: CONTRACTOR's compensation for General Services described in Part I above shall be $60,000 per year. A monthly fee invoice shall be submitted by CONTRACTOR at the first of each month representing 1/12 of the annual fee. The CITY shall reimburse the CONTRACTOR for travel expenses authorized by the CITY, subject to the limitations and requirements of Section 112.061, Florida Statutes, PART II - GENERAL PROVISIONS A. ASSIGNMENT AND DELEGATION: Neither party hereto shall assign or delegate any interest in or duty under this Agreement without written consent to the other, and no assignment shall be of any force or effect whatsoever unless and until the other party shall have so consented, B. STATUS OF CONTRACTOR: The parties intend that CONTRACTOR, in performing the services hereinafter specified, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. CONTRACTOR is not to be considered an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides its employees. C, METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS: All notices, bills, and payments shall be made in writing and may be given by personal delivery, e-mail or by mail. Notices, bills and payments sent by mail should be addressed as follows: CITY: Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 561-742-6010 CONTRACTOR: D. NON-DISCRIMINATION: CONTRACTOR shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to non-discriminations in 2 employment because of race, color, ancestry, national origin, religion, sex, age, marital status, medical condition, or physical or mental disability. E. CONFLICT OF INTEREST: CONTRACTOR is aware of the conflict of interest laws of the Municipal Code of the City of Boynton Beach and the State of Florida, Chapter 112, Florida Statutes, as amended, and agrees that it will fully comply in all respects with the terms of said laws. F. TERM OF AGREEMENT: The first term of this contract shall be from March 1, 2005, until September 20, 2006, and shall automatically renew for subsequent one-year terms concurrent with the City's fiscal year of October 1s1 through September 30th thereafter unless either party terminates the contract in writing within 30 days before the renewal date of the contract. G. JURISDICTION: This Agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of Florida. In any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action of special proceeding may be instituted. H. VENUE: Any and all legal action necessary to enforce this Agreement will be held in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Kurt Bressner, City Manager City Clerk Witnesses: U.S. Strategies Corp. Name, Title 3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.3 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetimr Dates in to City Clerk's Office Meetin2" Dates in to City Clerk's Office 0 December 7,2004 November 15, 2004 (Noon.) 0 February J, 2005 January 17, 2005 (Noon) 0 December 21, 2004 December 6, 2004 (Noon) IZI February 15,2005 January 31, 2005 (Noon) 0 January 4, 2005 December 20, 2004 (Noon) 0 March I, 2005 February 14,2005 (Noon) 0 January 18, 2005 January 3, 2005 (Noon) 0 March 15, 2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation IZI City Manager's Report RECOMMENDATION: Motion to review and approve a Resolution for a Task Order with Kimley-Horn and Associates. Inc, for final design and construction services for the Wilson Center BuildiIg, Pool and Park project in the not to exceed amount of $519,400, EXPLANATION: As part of the City's capital planning process for this fiscal year, the City Commission requested that City staff proceed with steps necessary to design and build a new mmmunity building and park, and to renovate the existing pool and pool building, all at the Wilson Center Complex, As a first step, in March of 2004, the City entered into atask order with Kimley-Horn to prepare space programming and conceptual designs for the entire complex, The conceptual phase focused primarily on "fitting" the various components onto the site in the manner that is least obtrusive to the adjacent residential community and also in a manner that provided safe and efficient useofthe property, Additionally, Kimley-Horn was charged with developing schematic building design and exterior elevations for the new Wilson Center building Subsequent to this task order, at its July 20, 2004 meeting, the City Commission declared public necessity to acquire four parcels (five pieces of property) necessary to construct this work, We have closed on three of the five properties, Currently in negotiations to purchase the remaining vacant lot and residential property, Finally, at its November 16,2004 meeting, the City Commission received a presentation from Kimley-Horn and Recreation Staff regarding the fmdings and schematic design outlined in the first task order. At this meeting, the City Commission authorized staff to proceed with thepreparation of a fmal design task order with Kimley-Horn based upon the concept plans approved on November 16, 2004, Since that date, Staff and Kimle)' Horn have been negotiating services and fees to perfonn final design work. Staff has met numerous times to negotiate the scope of services and the cost associated with same, The task order from Kimley-Horn is a not to exceed amount of $519,400, Included in the amount will be all engineering services associated with full design, permitting, bidding and rnnstruction of the project as approved in November of2004. The approved project includes a new Wilson Center building; park improvements that include new playground equipment, pavilion and access to the green way that we plan to expand in the future; andrenovation to the existing pool, which include exterior renovations to improve aesthetics, a new entry access ramp to accommodate users with special needs, upgrading the pool deck, and various deck furniture to improve comfort and aesthetic, The total estimated cost for these improvements, as outlined to the Commission in November, is$3,771,500, The total cost, therefore, for engineering services is $646,100 ($519,400 + $126,700 for prior approved schematic design), Staff would normally anticipate thatengineering design and construction services for a complex project such as this would be in the range of 15% of the total project construction cost. As you will note, Kimley Horn's services are slightly above this at 17% despite the fact that staff has already negotiated a reduced priced S:\BULLETlNlFORMSIAGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM in Kimley Horn's services for prior to this request. The budgeted amount for professional services totals $427,500, This amount will be adjusted appropriately in the upcoming Fiscal Year 2005/2006 Budget and Five Year Plan, Design and Construction Alternative - Interactive Plav Pool During the November 16 meeting, the City Commission noted that the interactive play pool was shown on the overall site concept plan yet the pool was not being included in the construction costs presented at that time, Staff advised that this interactive play pool was shown on the site concept plan to illustrate that future planning and expansion had been considered in the overall site plan. However, the funds for this component were not included in the budgeted total project cost of $3,771,500. The Commission requested that staff identiry the costs to incorporate the design and construction ofthe interactive play pool in the current project, The anticipated additional cost above the recommended amount of $519,400 for engineer design and construction services for the interactive play pool is $164,600. The additional cost to construct the interactive play pool is $1,119,000, Should the Commission choose to consider the interactive play pool, Staff foresees three alternatives as outlined below, It would be appropriate for the Commission to act on one of these alternatives at this time, I, Design and Construct the interactive play pool as part of the overall Wilson project(s), By selecting this option. staff will modiry the current capital improvement plan to accommodate the additional engineering costs of$164,600 and the additional construction costs of$I,119,OOO, Funds are neither available in the current fiscal year budget, nor the five year plan for this work. Therefore, additional revenues will be necessary to finance the interactive play pool or other planned capital projects must be deferred or eliminated, 2, Proceed with design only for the interactive play pool. By selecting this option, the final design for the interactive play pool can be incorporated into the overall site design, yet construction would not proceed until a future year when funding is identified, This option ensures that the existing site will be compatible with a future play pool in that utilities and drainage will be designed to accommodate the future play amenity, thus potentially reducing future construction expenses, Essentially, this option places the design on the "shelf" in the hopes that sufficient funding is available in the future, Staff believes that we can adapt the budget and five year plan to allow for the design only of the interactive play pool. 3, Do not conduct design and do not construct the interactive play pool. By selecting this option, space would still remain on the overall site plan to allow for design and construction of the interactive play pool in the future or for an alternate use that may be more desirable by the community in the future. PROGRAM IMPACT: Wilson Center and Pool are more than forty years old, Both facilities are antiquated and do not adequately meet the needs of our community, The new center will become a focal point for the Heart of Boynton Redevelopment area. It will host several recreation activities, including summer camp and after school programs, opportunities for community gatherings and classes, The pool and decking will receive much needed upgrading, and we will be installing a geothermal heating system, The park improvements will include two lighted basketball courts, installing new playground equipment, picnic pavilion and access to Palmetto Greens Park Greenway/Bikeway, S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC !(~'"V.'''.''O'.''' . .....:... >", (,,:::. ,C>\ ; . .1 t'l \ .. ... iX 0,. .... ji.; ).":'. r.. /'? 'V..'.'/ V toN'i) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Budgeted and Planned Engineering and Architectural Costs: Final Total Engineering and Architectural Costs as recommended: $427,500 $646, I 00 It will be necessary to modifY the anticipated expenditures in the current fiscal year budget as well as the proposed five-year capital plan to reflect the current costs of professional services, Moreover, the budget and five year plan will be modified to reflect the current estimated construction cost of$3,77I,500 AL TERNA TIVES: As noted, staff believes the consultant's fees are slightly higher than we would normally expect but not so high that we believe that we should not move towards completion of this much anticipate project. However, if the Commission believes that the c~s~ltant's fees are too high, th~!)...taffrecommends that we seek proposals from other firms un er act wit .lhe City a~r of the City's consul' rvlC clion process int\ov er of2003, f2, ok 0. D a ent ead' City Manager Signature Public Works/Recreation & Parks Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC RESOLUTION NO. R05- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A TASK ORDER IN AN AMOUNT NOT TO EXCEED $519,400.00 TO KIMLEY-HORN AND ASSOCIATES, INC, FOR FINAL DESIGN AND CONSTRUCTION SERVICES FOR WILSON CENTER, POOL AND PARK; AND , PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 6, 2004, the City Commission approved funding for replacement of Wilson Center, refurbishment of Wilson Pool, and improvements to Wilson Park; and WHEREAS, The Commission reviewed the Master Plan at the November 16, 2004 meeting City Commission meeting which Kimley-Hom dedicated a significant amount of time meeting with staffto develop the Master Plan; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to authorize execution of a Task Order in an amount not to exceed $519,400.00 to Kimley-Hom and Associates, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section L The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the approval and execution of a Task Order in an amount not to exceed $519,400.00 to Kimley-Hom and Associates, Inc., for final design and construction S:\CA\RESOlAgreements\Task - Change OrderslKirney Horn - Task Order 020305 Wilson Center doc services for Wilson Center Building, Pool and Park. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of February, 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CAIRESO\Agreements\Task - Change OrderslKimley Horn. Task Order 020305 Wilson Center.doc ~=n Kimley-Horn and Associates, Inc, January 26, 2005 . 4431 Embarcadero Drive West Palm Beach, Florida 33407 Mr. Wally Majors Recreation & Parks Director City of Boynton Beach 100 E, Boynton Beach Boulevard P.O. Box310 Boynton Beach, FL 33425 Re: Proposal for Design, Bid, and Construction Phase Services for the Wilson Center, Pool, and Park Complex Dear Mr. Majors: Kimley-Hom and Associates, Inc. (Kimley-Hom) is pleased to submit this proposal to the City of Boynton Beach (City) for professional consulting services for improvement of the Wilson Center, Pool, and Park Complex, This proposal addresses scope and fees for professional services associated with preliminary and final design of this project, as well as bid and construction phase assistance. PROJECT UNDERSTANDING Our understanding is that the City would like to provide a new community center and upgrade the existing park and pool facilities to better serve the neighboring community, The upgraded Wilson Center complex will serve as a cornerstone for the proposed CRA improvements and the Heart of Boynton improvements, The City has previously authorized Kimley-Hom to provide schematic design of a new community center, pool facility upgrades, and modifications to the site layout. Services provided to date included several meetings with City staff to refine the schematic design, boundary surveys of the proposed park boundary and the individual parcels within the proposed park boundary, color renderings of the schematic layout, and a presentation to the City Commission, Based on the City Commission's November 17, 2004, approval of Kimley-Hom's schematic design, Kimley-Hom is prepared to begin detailed design of the Wilson Center, Pool, and Park Complex, Kimley-Hom understands that the City desires us to proceed with the following distinct elements of the proposed facility improvements: (A) a community recreation center (B) upgrades to the existing pool with renovation of the existing pool building (C) a playground area with a tot lot . TEL 561 845 0665 FAX 561 863 8175 ~=~ Kimley.Horn and Associates, Inc, (D) a walking trail with pavilions (E) an open multi-purpose grassed play field with lighting, and (F) two lighted basketball courts The City also has requested that Kimley-Hom provide detailed design of an interactive play pool as an additional design alternative. Design of this facility includes modifications to the open space to accommodate the new facility footprint as well as more substantial upgrades to the existing pool building, including enhanced utility services and mechanical equipment and additional structural and aesthetic improvements, The design of all of the primary elements will be in accordance with the approved master plan developed during the first phase of this project. The design of the interactive play pool and the accompanying pool building upgrades will be in accordance with the schematic design of these elements as presented to City staff and the City Commission, Due to Kimley-Hom's close coordination of the schematic design with City staff and leadership, and the resulting interaction during site plan development, many of the design elements have been advanced beyond a typical schematic design. Consequently, Kimley-Hom has been able to establish the design parameters more definitively and estimate proposed construction costs more accurately, The schematic design approved by the City Commission allowed us to define the layout of the site and proposed facility upgrades sufficiently to eliminate the standard 30% design submittal, thereby reducing the design and review cycles required to prepare plans and technical specifications ready for construction, In order to expedite the detailed design of the primary and alternative improvements, Kimley-Hom proposes to prepare the detailed design in two phases, Preliminary Design and Final Design, SCOPE OF SERVICES TASK i-PRELIMINARY DESIGN Having received Commission approval of the schematic design, Kimley-Hom will proceed with the preliminary design of the proposed facility improvements. It is anticipated that we will make a design submittal that is representative of a 50% design for review by the City, The preliminary design submittal will combine all of the elements prepared during the schematic design and advance them to a level of detail sufficient for the City to review and make additional comments regarding compliance with the design intent and constructability, Kimley-Hom intends to develop a preliminary index of sheets as well as individual plans defining the construction requirements, The preliminary plans will address the primary elements of design, pending comments from the City. ~=~ Kimley-Horn and Associates, Inc, The preliminary design plans will include the following: . Horizontal/dimensional control for all facilities. · Utility alignments for tie-ins to existing utilities and proposed new services, hydrants and cleanouts for: a. the community center b, the improved pool locker facilities c, the new interactive pool features and building (alternative design) d, the basketball courts e, the open play area . Drainage design and layout, including inlets, conveyance plpmg, retention/detention areas and/or outfalls, . Lighting requirements for the open play field, polygon pavilions, basketball courts, and parking areas, including securitylflood lighting, . Floor plans, building sections, exterior elevations, and structural and mechanical details for the community center and pool buildings, including automatic sprinkler systems for fire suppression, . Pool and deck layout for the updated aquatic facility, including revised floor plans and exterior elevations for the modifications to the existing pool service and locker room building, . Landscape and irrigation plans and details, The preparation of the preliminary design plans includes coordination meetings with City staff to obtain input and decisions, including decisions related to the selection of architectural materials and finishes. Kimley-Horn will submit the Preliminary Design plans for review by Recreation and Parks staff and the TRC, We also will participate in required TRC review meetings, We will address all comments received, Kimley-Horn will prepare a Traffic Concurrency Report as part of the Preliminary Design, Anticivated Deliverables for Task] After completion of this Task, Kimley-Horn will provide three (3) copies of the following deliverables to Recreation and Parks staff and ten (10) copies for TRC reVIew: A. Preliminary design plans to include the following sheets (24"x36" hard copies): I) Project cover sheet 2) Boundary and Topographic Survey 3) Index of sheets /General Notes 4) Demolition and Clearing Plan 5) Horizontal Control Plan 6) Site Plan! Key sheet! Phasing Plan 7) Utility Plan ~=~ Kimley-Horn and Associates, Inc, 8) Drainage Plan 9) Irrigation and Planting Plan 10) Site Electrical Plans II) Recreation Center Floor Plans a, First Floor Plan Layout b, Second Floor Plan Layout 12) Recreation Center Exterior Elevations 13) Recreation Center Building Thru Section 14) Life Safety Plan 15) Aquatic Facility Pools and Deck Layout 16) Interactive Play Pool and Play Structure Layout Plan 17) Interactive Play Pool Filter Building Plan 18) Interactive Play Pool Filter Building Elevations and Sections 19) Pool RestroomILocker Building Floor Plan 20) Pool Restroom/Locker Building Elevations 21) Pool RestroomILocker Building Section 22) Basketball Court Plan and details B, Preliminary calculations for: I ) Drainage 2) Fire flow/ water needs 3) Sanitary requirements C. Preliminary Technical Specifications for site civil improvements based on the City's current Utilities and Engineering technical specifications D, Preliminary architectural and play structure specifications E, Preliminary Opinion of Probable Construction Cost, including preliminary lists and budgets for proposed pool equipment, sunbrellas, recreation center fixtures, and tot lot playground equipment. F, Traffic Concurrency Report Kimley-Hom also will prepare a list of permits that will be required along with the anticipated permit fees, Kimley-Hom also will contact City and outside utility owners to inquire about underground utilities in the project area and notify them of the proposed construction. We will send the utility owners progress sets of the project plans for their use in marking their underground utilities, If the utility owners agree to do so, we will have them paint mark the locations and depths of their utilities at the project site, We will incorporate information received from the utility owners in the final construction plans, TASK 2 - PERMITTING ASSISTANCE During the development of the final construction plans, Kimley-Hom will conduct a pre-application meeting with the SFWMD, Palm Beach County Health Department and Building Department, and the appropriate City departments, Kimley-Hom will prepare the appropriate permit applications for signature by the City and submittal to the permitting agencies. Permit fees will be the responsibility of the City and are not included in this proposal. ~=~ Kimley-Horn and Associates, Inc. Services under this task include reviewing comments from the permitting agencies and providing responses for requests for additional information from each agency, The City has expressed a desire to have the building permit in hand prior to bidding the project. Kimley-Hom will make all necessary applications and address all comments received prior to the bid such that the building permit will be ready for the successful bidder to acquire. We will address any issues related to the building permit in the bid documents, Deliverables (or Task 2 After completion of this Task, Kimley-Hom will provide the City with original permit applications for signature and submittal to the agencies, TASK 3 - FINAL DESIGN The focus of this task is to finalize the plans and specifications needed to proceed into the bid and construction phases of the project. In addition to updating the information included in the previous submittal, the plans for the final submittal will include additional detailed design of the site improvements and facilities, The plan sheets and details are anticipated to include: Horizontal Control Plan Signing and Marking Plan Paving, Grading and Drainage Plan and details (3 sheets) Erosion Control Plan Storm Water Pollution Control Plan Utility Plan Sanitary Profile Irrigation Plan and Details Basketball Court Plan and Details Multi-Purpose Field Layout Plan Tot Lot and Pavilion Layout Plan and Details (2 sheets) Typical Water and Sewer Details Site Electrical Plans Landscape Planting Plans and Details (3 sheets) Recreation Center Building Details: 1, Architectural 2, Structural 3, Mechanical 4, Plumbing 5, Electrical Aquatic Facility Details: ], Architectural 2. Structural 3, Mechanical ~=~ Kimley-Horn and Associates, Inc, 4, Plumbing 5, Electrical The preparation of the final design plans includes coordination meetings with City staff. Kimley-Hom will submit final design documents to the TRC, Engineering, and Recreation and Parks staff to receive final comments from this design submittal and address all comments before proceeding with the bid package preparation phase. AnticiDated Deliverables (or Task 3 After completion of this Task, Kimley-Hom will provide three (3) signed and sealed copies of the following deliverables to the City on 24"x36" paper and one (I) digital copy on CD, I) Final construction plans 2) Final utility and drainage calculations 3) Final Opinion of Probable Construction Cost 4) Final Specifications TASK 4 - INTERACTIVE POOL ALTERNATIVE DESIGN The City has requested that Kimley-Hom include the design of an interactive play pool, play structure, and companion pool building improvements as an alternate for consideration by the City, Development of this design will include substantial improvements to the pool building that would not be required for the base design, In addition, modifications to the site grading, drainage, utilities, irrigation, and landscaping will be required, These modifications will affect the Opinion of Probable Construction Costs, drainage and utility calculations, Because the base design and alternate design differ substantially, design development for the interactive play pool must proceed independently. Kimley-Hom proposes to develop this design alternate on separate sheets and include the sheets in the preliminary and final design plans, Note that the fee proposed for this task is inclusive of Bid and Construction Phase Services for this design alternative, This will provide the City the opportunity to approve or eliminate all services related to this alternative without altering any other task in the proposal. TASK 5 - BID PHASE ASSISTANCE After the design documents are completed and the construction implementation schedule is identified, Kimley-Hom will proceed into the Bid Phase. During the Bid Phase, Kimley-Hom will provide the following services: . Provide information to City staff for inclusion in the bid documents, including a schedule of bid items. . Prepare hard copies of plans and project manuals for sale and distribution by Kimley-Hom to proposed bidders and construction reporting/plan review services. Kimley-Hom will handle reproduction of the plans and project ~=~ Kimley-Horn and Associates, Inc. manuals and charge a fee to the services and prospective bidders who wish to obtain a copy. . Prepare and maintain a list of planholders, . Attend pre-bid meeting( s) conducted by City staff and assist City staff in answering questions. . Respond to questions from proposed bidders regarding the bid documents, . Issue bid addenda including modifications to the bid documents (if necessary). . Attend the bid opening, . Review bids. . Tabulate bids, . Check contractor references. . Notify the City of any apparent discrepancies or irregularities in the bids. . Make recommendations to the City regarding award of the bid, · Meet with City staff to review our recommendations, Unless directed by the City, Kimley-Horn will not divulge the Engineer's Opinion of Probable Construction Cost to prospective bidders, Kimley-Horn assumes that the City will provide the following services during the Bid Phase: . Prepare the final front-end documents (with input from Kimley-Horn as required,) . Advertise the bid, . Schedule and facilitate the pre-bid meeting(s), . Review the submitted bid packages for completeness and compliance with City requirements, . Respond to inquiries from prospective bidders regarding the Opinion of Probable Construction Cost. . Notify the successful bidder, . Handle the contract negotiations with the successful bidder, If the City is unsuccessful in negotiating a contract with any of the bidders or if the City detennines that it is in its best interest to re-bid the job for any reason, Kimley- Horn will prepare a proposal to assist the City in re-bidding the job as an Additional Service. TASK 6 - CONSTRUCTION PHASE ASSISTANCE Kimley-Horn will provide professional construction phase services for the subject project for the purpose of providing assistance to Client during construction, We anticipate that the proposed improvements will be completed within 14 months of Contractor's receipt of Notice to Proceed, These services are as follows: Kimley-Horn will attend a Pre-Construction Conference with representatives of the City and the selected Contractor prior to commencement of Work at the Site, ~=~ Kimley-Horn and Associates, Inc. Kimley-Hom will provide on-site construction observation services during the construction phase of the subject project. Observations will vary depending on the type of work being performed by the contractors, the location, and the contractors' schedules. Kimley-Horn wiil make visits to the Site in order to observe the progress of the Work. The frequency of site visits wiil vary based on the activities of the Contractor, Such visits and observations by Kimley-Horn are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress, Based on information obtained during such visits and such observations, Kimley-Horn will detennine if Contractor's work is generally proceeding in accordance with the Contract Documents, and Kimley-Horn shall keep Client informed of the general progress of the Work. The purpose of Kimley-Horn's visits to the site will be to enable Kimley-Horn to better carry out the duties and responsibilities assigned in this Agreement to Kimley- Horn during the construction phase by the City, and, in addition, by the exercise of Kimley-Horn's efforts, to provide the City a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. Kimley-Horn will notify the City of any observed construction that does not conform to the Contract Documents, Kimley-Horn will conduct and prepare meeting summaries for field progress meetings held at the project site. The frequency of the meetings will vary depending on our observations of Contractor's progress, Kimley-Horn will recommend to the City that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Kimley-Horn believes that such work will not produce a completed Project that conforms generally to Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, Kimley-Horn will issue necessary clarifications and interpretations of the Contract Documents to the City as appropriate to the orderly completion of Contractor's work. The requests for clarifications typically come in the form of Requests for Information (RFls) from the Contractor. Such clarifications and interpretations will be consistent with the intent of the Contract Documents, Field Orders authorizing variations from the requirements of the Contract Documents will be made by the City, Kimley-Horn will review and make recommendations related to Change Orders submitted or proposed by the Contractor, as required, Kimley-Horn will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, Such review and approvals or other action will not extend ~=~ Kimley-Horn and Associates, Inc, to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs, We intend to define all submittal requirements, and consequences for failing to abide by such requirements, in the Contract Documents, Kimley-Hom will evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities, Kimley-Hom will require such special inspections or tests of Contractor's work as Kimley-Hom deems appropriate, and receive and review certificates of inspections within Kimley-Hom' s area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents, Kimley-Hom shall be entitled to rely on the results of such tests and the facts being certified, As necessary, Kimley-Hom will render written decision on all claims of the City and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions, Kimley-Hom shall be fair and not show partiality to the City or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity, Based on Kimley-Hom's observations and on review of applications for payment and accompanying supporting documentation Kimley-Hom will recommend the amounts that Contractor be paid, Such recommendations of payment will be in writing and will constitute Kimley-Hom's representation to the City, based on such observations and review, that, to the best of Kimley-Hom's knowledge, information and belief, Contractor's work has progressed to the point indicated, such work-in-progress is generally in accordance with the Contract Documents, and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled insofar as it is Kimley-Hom's responsibility to so determine. In the case of unit price work, Kimley-Hom's recommendations of payment will include final determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests, By recommending any payment, Kimley-Hom shall not thereby be deemed to have represented that observations made by Kimley-Hom to check Contractor's work as it is performed and fumished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Kimley-Hom in this Agreement. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with the City and Contractor, Kimley-Hom will conduct a site visit to determine if the Work is substantially complete, Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any ~=~ Kimley-Horn and Associates, Inc. objections of the City, Kimley-Horn considers the Work substantially complete, Kimley-Horn shall notify the City and Contractor. Kimley-Horn will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Kimley-Horn may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Kimley-Horn shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Kimley-Horn's knowledge, information, and belief and based on the extent of the services provided by Kimley-Horn under this Agreement and based upon information provided to Kimley-Horn upon which it is entitled to rely. Kimley-Horn shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Kimley-Horn shall not have the authority or responsibility to stop the work of any Contractor. Kimley-Horn will, at the City's request, maintain the official project files in our office until the project is accepted by the City as complete. At that time, we will turn over the project files to the City. The City's standard construction contract language requires the Contractor to maintain a complete set of "as-built" or record data throughout construction in the form of red- lined plans and technical specifications. As a condition of the City's final acceptance of the Contractor's Work and final payment to the Contractor, the Contractor will be required to submit the completed record documents to Kimley-Horn. Kimley-Horn will incorporate the record information provided by the Contractor into the project plans and technical specifications to reflect any approved deviations from the Contract Documents. We will provide this information digitally to the City on CDs. Kimley-Horn will coordinate a warranty inspection with the Contractor and City one year after final acceptance of the Work by the City. We will prepare a written summary of any deficiencies noted at that time to the City. CONTRACT REFERENCE If acceptable to the City, the proposed services can be performed as a Task Order under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2003 between the City of Boynton Beach and Kimley-Hom and Associates, Inc. as adopted by Resolution Number R03-l82. At the City's request, Kimley-Horn will enter into a separate Agreement with the City for the proposed services. ~=~ Kimley-Horn and Associates, Inc. INFORMATION AND SERVICES PROVIDED BY CITY The following information and services shall be the responsibility of the City: . The City shall review all drawings and other documents presented by Consultant and render decisions pertaining thereto within a mutually agreed- upon time. . The City will designate representative(s) to serve as point(s) of communication with the Consultant. . The City shall provide to the Consultant with available Geotechnical information for use in developing the design of the proposed facilities. . The City will conduct any necessary hazardous material (asbestos) surveys associated with the existing buildings. . The City will acquire all right-of-way, easements and lands needed for the proj ect. . The City will provide access to the site, as needed, for the Consultant's performance of these services. LIST OF SERVICES NOT INCLUDED The following services are not included in this Agreement: . Off-site improvements . Linear Park Design (extension of Palmetto Greens Master plan) . Geotechnical services (to be provided by the Contractor during construction) . Testing services (to be provided by the Contractor during construction) SCHEDULE The anticipated schedule for the Tasks outlined above is based on the implementation schedule presented to the City Commission at the November 17,2004 meeting. We understand that the schedule may be modified during the project at the request of the City. TASK DESCRIPTION ANTICIPATED SCHEDULE DURATION TASK I - PRELIMINARY DESIGN Production of Deliverables for Task 1.............................................10 weeks City and TRC Review............................ ...... .......... ........... ...........2 weeks TASK 2 - PERMITTING ASSISTANCE - concurrent with Task 3 TASK 3 - FINAL DESIGN Production of Deliverables for Task 3 .................................................... 14 to 16 weeks City and TRC Review........................................................................................ 2 weeks ~=~ Kimley-Horn and Associates, Inc. TASK 4 - INTERACTIVE POOL ALTERNATIVE DESIGN ~ concurrent with Tasks 2 and 3 TASK 5 - BID PHASE ASSISTANCE Prepare Bid Documents and Advertise..............................................2 weeks Receive and Tabulate Bids............................................... ................6 weeks Award of Bid and Negotiations.................... ...... ........... ............. ....3 weeks Notice to Proceed................................................................... ....I week TASK 6 - CONSTRUCTION PHASE ASSISTANCE Community Center and Building Improvements......................... ......60 weeks Sitework (concurrent)........................................................... ..24 weeks ADDITIONAL SERVICES We are available to provide, as requested and authorized by you, additional services that require analyses or design beyond those described and included above. Any services not specifically provided for in the above scope, as well as any changes in the scope you request, will be considered additional services and will be performed at our then current hourly rates as we agree prior to their performance. Additional services we can provide include, but are not limited to, the following: . Additional survey services . Traffic Planning, Signal Design and Analysis . Environmental Engineering . Design of Off-site improvements . Services in support of re-bidding the job COMPENSATION A summary of proposed lump sum budgets for each of the tasks described above is included in the table below. BUDGET / COMPENSATION TABLE TASKS Task t Task2 Task3 Task 4 Task 5 Task 6 Preliminary Permitting Final Interactive Bid Phase Construction Design Assistance Design Pool Assistance Phase Alternative Assistance Design SUBTOTAL $191,700 $7,100 $179,600 $164,600 $10,000 $131,000 BY TASK TOTAL $684,000 ~=~ Kimley-Horn and Associates, Inc. CLOSURE If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute a Task Order referencing this proposal. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact Michael Spruce at (561) 840-0852 if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. By: David R. Bardt Vice President Michael D. pruce, P.E. Project Manager H:\044349009\finaldesign scope 1_26_05.doc VI.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetimz Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office 0 December 7,2004 November 15, 2004 (Noon.) 0 February I, 2005 January 17, 2005 (Noon) 0 December 21,2004 December 6, 2004 (Noon) ~ February 15, 2005 January 31, 2005 (Noon) 0 January 4, 2005 December 20, 2004 (Noon) 0 March I, 2005 February 14, 2005 (Noon) 0 January 18, 2005 January 3, 2005 (Noon) 0 March] 5. 2005 February 28. 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation ~ City Manager's Report RECOMMENDATION: Review and approve concept plans for the Intracoastal Park Clubhouse as prepared by CH2MHILL. Provide direction to staff regarding the desired location of the Clubhou;e on the Intracoastal Park site. Approve a Resolution authorizing Task Order No. 05-05-01 to CH2MH1LL in the lump sum, and not to exceed aroount, of $181, 255 for final architectural design and construction oversight services for the Intracoastal Park Cltbhouse. EXPLANATION: As part of the City's capital planning process for this fiscal year, the City Commission requested that City staff proceed with steps necessary to design and build a clubhouse/municipal facility at Intracoastal Park. As a first step in July of 2004, the City entered into an $8,000 task order withCH2MHlLL to prepare space prograroming and conceptual designs for a one and two story clubhouse. The City Commission gave subsequent direction to staffto proceed with the evaluation of a two-story concept plan only. CH2MHlLL has completed the concept plan and will provide the City Commission a brief overview of their findings and recommendations. Essentially, the plan contemplates a 7,200 square foot, twl>story, building that can be located on either the west end of the property, adjacent to Federal Highway, or on the east end of the property, adjacent to the Intracoastal Waterway. In either location, additional parking can be allocated to meet the parking demand, some of which will be slared with the existing park. '" The proposed building envisions a tw<>-story structure that is simple in its design because it is square. The building will have recreation program space on the first floor along with a small office/reception desk having excel~nt sight lines into the divisible program room(s). The building is very efficient in its design because lower and upper level plumbing facilities are stacked as are the kitchen/pantry areas. The lower level kitchen will serve as an entry area to caterersand will have only refrigerators and microwave ovens. There will not be full cooking capability built into this facility. The lower level kitchen/pantry will connect via elevator to the second floor pantry and storage room. The elevator will have dual ellry doors serving both the public and staff/caterers. The second floor pantry/storage room will be utilized for final food preparation and service to those utilizing the second floor conference room. The second floor conference room can seat 200 people in classroom style and 100 people in banquet style. A balcony surrounds the entire second floor with outstanding views overlooking both the park and Federal/Intracoastal Waterway, depending upon the alternative selected. The gazebo shown on South Elevation A is shown only to illustrate the potential of the Intracoastal location. The gazebo is NOT included in the architect's estimate of cost. SIBULLETlNlFORMSIAGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM If the City Commission approves of the conceptual plao, it would be appropriate to proceed to final design. Therefore, staff is presenting for Commission consideration, a task order with CH2MHILL for fmal design aod construction oversight of the Intracoastal Park Clubhouse. CH2MHlLL proposes to provide these services for a lump sum, not to exceed, aroount of $181,255. This compares very favorably to the current budgeted construction aroount of$1,840,000. The total cost of architectural services is $189,255 ($181,255 plus $8,000 already paid during the programming phase), which is 10.3% of the current budgeted construction cost and 8.8% of the architect's current estimated construction cost of $2,157,200. The architect's current estimate of cost, based upon the concept plao, is detailed as follows: Building Cost: Site aod Laodscaping: Water Retention Mod.: 10% Contingency: TOTAL: $1,793,600 $150,000 $20,000 $193,600 $2,157,200 The current cost estimate is based upon the desired building elements as outlined in the capital planning process. However, the cost is increased over earlier estimates because of the significant increase in costs of raw building materials, particularly concrete and steel. Furthermore, many contractors are now submitting bids that are much higher than previous years because of the increased demand for their services as a result oflast Fall's hurricanes. Staff recommends that the City Commission award the proposed task order in the amount of $181 ,255. Staff further recommends that the Fiscal Year 2005/06 Capital Budget prepared and approved later this year to properly reflect the architect's current construction estimate, plus a small inflation factor, as well as the architectural services provided herein. PROGRAM IMPACT: Construction of this municipal facility will provide substitute space for the demolished Royal Palm Clubhouse as contemplated by the Commission. However, the design of this facility will provide much more to the community. Recreation staff will be able to provide recreation prograro space that will complement the existing park amenities as well attract new users to new prograros as a result of the outstanding location. Lastly, the second floor conference facility will be designed to allow for City meeting space and other regional governmental functions where a Boynton Beach presence is desirable. The facility will likely also prove popular for various community orgaoizations seeking meeting aod prograro space and it may also benefit many residents for private functions. Staff recommends that a Commission Policy be developed to guide the use of what will be highly desirable space. FISCAL IMP ACT: There are sufficient funds ($1,840,000) in the current fiscal year budget for this project to accommodate the proposed task and the start of construction. Next year's budget will be prepared to reflect the architectural services and the remainder of the construction costs as outlined above that will be necessary after October I, 2005. ALTERNATIVES: 1. Do not build this facility. Identity alternate conference and meeting space elsewhere in the City. 2. Should the City Commission desire to proceed with this project, and stay within the current budget amount, it will be "=""'~re"",''''''""::::,";~ </k S.r:. _ ...~. , CityMan~ Public Works / Recreation & Parks Departroent Name City Attorney I Finance I Human Resources S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC 1 RESOLUTION NO. R05- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE CITY 5 MANAGER TO EXECUTE TASK ORDER NO. 05-05-01 6 WITH CH2M HILL FOR THE PURPOSE OF PROVIDING 7 FINAL ARCHITECTURAL DESIGN AND 8 CONSTRUCTION OVERSIGHT SERVICES FOR THE 9 INTRACOASTAL PARK CLUBHOUSE IN THE AMOUNT 10 OF $181,255.00; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, As part of the City's capital planning process for this fiscal year, the City 14 Commission requested that staff proceed with steps necessary to design and build a 15 clubhouse/municipal facility at Intracoastal Park; and 16 WHEREAS, in July, 2004, the City entered into a Task Order with CHRM Hill to 17 prepare space programming and conceptual designs which it is presenting to the City; and 18 WHEREAS, upon approval of the conceptual plan it would be appropriate to proceed 19 to final design. Staff is recommending that City Commission award Task Order 05-05-01 to 20 CH2M Hill for final design and construction oversight of the Intracostal Park Clubhouse in the 21 amount of $181,255.00. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 authorize and direct the approval and execution by the City Manager of Task Order No. 05-05- 29 01 with CH2M HILL for the purpose of providing final architectural design and construction S:\CA\RESO\AgreementsITask - Change QrderslCH2M Hill Task Order 050501 Inlracoslal Park Clubhouse.doc 1 oversight services for the Intracoastal Park Clubhouse in the amount of$18l,255.00. 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of February, 2005. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 City Clerk 25 26 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\RESO\AgreementsITask - Change Qrders\CH2M Hill Task Order 050501 Inlracoslal Park Clubhouse.doc CH2M HilL One Harvard Circle . CH2MHILL ... West Palm Beach, FL 33409-1923 Tel 561.515.6500 Fax 561.515.6502 Task Order No. 05-05-01 Reference No. RFP No. Architectural and Engineering Services for Design and Construction Administration for Boynton Beach Intracoastal Park Community Pavilion. A. Project Description: The City of Boynton Beach has funded and approved Improvements to the Boynton Beach Intracoastal Park to Design and Construct approximately 7,000 S.F. 2-Story Park Community Pavilion. B. Scope of Services: At the request of the City, CH2M HILL is to provide Architectural and Engineering Services, Schematic Design, Design Development, Construction Documents, Pennitting and Bidding Assistance and Construction Administration for the Intracoastal Park Community Pavillion. Additional design services to be authorized as the project progresses. Task 1- Pre-Desilm Services: A. Geotechnical Services (Provided by the City) $ .00 / .' B. Site Survey (provided by the City) to include Topographic site survey, property lines, Set backs, utilities, roadways, sidewalks, Drainage calculations and existing relevant Site information. $ .00 C. Programming: Attend a Four (4) Hour Meeting with appropriate City Commissioner and Staff, to review Building Space Program (See Attachment "C"), schedule and cost. $ 3,000.00 DDAVIS10/PROPOSAUBOYNTON BCH PROP IPCP A&E DESIGN_1-03-05 Boynton Beach Intracoastal Park Pavilion Page 2 January 6, 2005 D. Expenses: Programming submission to include Six (6) Sets of Program Requirements, Black-Line Concept Site Plan, Concept Floor Plan and Elevations. $ 200.00 TOTAL TASK 1- LUMP SUM $3,200.00 Task 2: Schematic Design Based on approved Task I services provide further developed floor plan, site plan, exterior elevation drawings and preliminary construction cost estimates. Up to three meetings with Planning & Zoning, Water Deparhnent and Engineering personnel to review, revise and finalize the schematic design. Written approval of the work in this task will be required and the floor plan will be considered "frozen" in order to avoid additional work in future tasks $13,680 Expenses: Schematic Design submission to include six (6) sets of drawings and cost estimate. Colored Rendering $ 245 $ 3,000 TOTAL TASK 2 LUMP SUM $ 16,925 Task 3: Design Development: Technical Review Committee (TRC) Submittal Based on an approved schematic design, detailed Civil Drawings, Landscape Drawings, Floor Plans, Exterior Elevations, Exterior Color Selections and Photometric Site Plans for the submittal will be developed. Up to two meetings will be held with TRC to review, revise and finalize the design development. Written approval of the work in this task will be required prior to proceeding with Task 4. $32,480 Expenses: Design Development (TRC) Submission to include Fourteen (14) sets of drawings, and drainage calculations. $ 2,000 TOTAL TASK 3 LUMP SUM $ 34,480 DDAVIS10fPROPOSAUBOYNTON BCH PROP IPCP ME DESIGN_l-Q3-05 Boynton Beach Intracoastal Park Pavilion Page 3 January 6, 2005 Task 4: Construction Documents Based on an approved Design Development Package, final Architectural and Engineering drawings, specifications, cost estimate, including Fire Protection System will be prepared. All Drawings and Specifications listed in Attachment B will be finalized. Up to three meetings with City Staff will be held to review, and finalize the construction documents. $ 54,840 Expenses: Construction Documents submission to include six (6) sets of drawings, cost estimate and specifications $ 810 Task 5: Permitting TOTAL TASK 4 LUMP SUM $ 55,650 Submit two (2) signed and sealed sets of Permit Documents and Assist City in preparation of permit applications and processing those applications for the City of Boynton Beach Building Department and SFWMD for drainage and water-use permits and revelant permitting agencies $ 7,400 Expenses: Permit Documents to include four (4) sets of Drawings, Specifications and Drainage Calculations $ 600 TOTAL TASK 5 HRL Y ESTIMATE NOT TO EXCEED Task 6: Bidding Assistance Distribute Bid Documents and conduct a pre-bid conference with prospective bidders. Assist the City in answering questions, prepare Addendmns, assist City in bid analysis and Recommendations. $ 4,000 TOTAL TASK 6 LUMP SUM DDAVIS1O!PROPOSAUBOYNTON BCH PROP IPCP A&E DESIGN_l-Q3-05 $ 8,000* $ 4,000 Boynton Beach Intracoastal Park Pavilion Page 4 January 6, 2005 Task 7: Construction Phase Services Conduct the pre-construction meeting. Attend bi-monthly progress meetings, miscellaneous on-site review meetings, coordinate office administration, (shop drawings, change orders, proposed requests/ RFI's, review monthly pay applications as needed conduct substantial and final completion inspections and certification. (See attachment A for breakdown). $ 54,000 TOTAL TASK 7 LUMP SUM Task 8: Post Construction Services Provide record CADD drawings (electronic file) based upon contractor's marked up changes and provide 1 year warranty walk thru. $ 4,600 Expenses: Record CADD Files, two (2) sets of Plans, Warranty Punch List and Travel $ 400 TOTAL TASK 8 LUMP SUM Task 9: Additional Services a) Security Data / Communication systems selection, specifications or design. (induded is a conduit/pullstring to backboard) b) Interior furnishing selection. c Off site design beyond the project boundaries/property lines. d) Traffic Study. e) Permit Fees f) Extension of Tasks 1-8 beyond that described herein. g) Revisions to previously approved work. TOTAL SERVICES (TASK 1-8) DDAVIS101PROPOSAUBOYNTON BCH PROP IPCP ME DESIGN_1-03-05 $ 54,000 $ 5,000 $181,255 Boynton Beach Intracoastal Park Pavilion Page 5 January 6, 2005 C. Assumptions: . City to provide As-Built Drawings . Utilities are available to site location. . No off-site work included. . City to provide Geotechnical Services . City to provide Site Survey . City to provide Traffic Study . City to provide Telephone, Data, Cable TV and Security Systems D. Contract Reference: This Task Order shall be performed under the terms and conditions descried within the Agreement for General Engineering Consulting Services dated November 2003, between the City of Boynton Beach and CH2M HILL, Inc. E. Compensation: Compensation by the CITY to the CONSULTANT for this Task order will be on a Lump Sum basis in accordance with the above mentioned agreement. The estimated compensation for the services described in this Task Order is $181,255 as shown in Table 1. TABLE 1 Intracoastal Park Convention Pavilion Labor Labor Expense Hours Cost Cost Total Task 1 - Pre-Design Services 70 $ 3,000.00 $ 200.00 $ 3,200.00 Task 2 - Schematic Des~ 182 $13,680.00 $3,245.00 $16,925.00 Task 3 - TRC Submittal ) 290 $32,480.00 $2,000.00 $34,480.00 Task 4 - Construction Documents 500 $54,840.00 $ 810.00 $55,650.00 Task 5 - Permitting 60 $ 7,400.00 600.00 $ 8,000.00 Task 6 - Bid Phase 32 $ 4,000.00 .00 $4,000.00 Task 7 - Construction Administration 520 $54,000.00 .00 $54,000.00 Task 8 - Post Construction Services 48 $ 4,600.00 $ 400.00 $ 5,000.00 TOTAL Lump Sum 1702 $170,000.00 $11,255.00 $181,255.00 DDAVIS1OJPROPOSAUBOYNTON BCH PROP JPCP ME DESIGN~ 1-03-05 Boynton Beach Intracoastal Park Pavilion Page 6 January 6, 2005 F. Schedule: The CONSULTANT will commence Professional Services upon receipt of written authorization and will complete the work according to the table below. Task 1 - Pre- Desi Services Task 2 - Schematic Desi Task 3 - TRC Submittal Task 4 - Construction Documents Task 5 - Permittin Task 6 - Bid Phase Task 7 - Construction Administration Task 8 - Post Construction Services royal letion A tentative schedule will be developed within tasks/services once a Notice to Proceed for Design has been issued and City review commission and procurement dates have been established. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner, City Manager Dated this _ day of .2005 SUBMITTED BY: CH2M HILL, INe. By: Tim Sharp Officer Dated this _ day of .2005 DDAvrSl0/PROPOSAUBOYNTON BCH PROP IPCP ME DESIGN~ 1-03-05 Boynton Beach Intracoastal Park Pavilion Page 7 January 6, 2005 ATIACHMENT A BOYNTON BEACH INTRACOASTAL PARK COMMUNITY PAVILION TASK 7: CONSTRUCTION PHASE SERVICES Construction Phase (Basic Services Based on 30 week/7 month construction period). Schedule A Construction Phase Services include the following: Hours Rates Total . Prepare for and Attend Pre-Construction Meeting 4 P.M. $140 $560 . Office administration (correspondence, RFI's, change orders, Shop drawing review, proposal requests, and review of Monthly pay applications, phone, fax, etc.) Architect/Engineer (Ave. 4 hrs/wk) 120 Prof $80 $ 9,600 . Shop Drawing Review: Archi techtral Mechanical Plumbing/Fire Protection Electrical Structural Civil Landscaping 32 16 12 16 16 16 16 124 Prof $80 $ 9,920 . Bi-Monthly Meetings: Equivalent of (1) 8 hour visit every two (2) weeks to include travel, 4-hours minimum on site Review RFI's CO's, Schedule, As-Builts and Monthly Pay Application 120 Sr.Prof. $110 $13,200 . Miscellaneous Engineering Site Visits: To include Civil, Landscaping, Mechanical, Struchtral, Plumbing and Electrical Engineer to attend Progress Meeting as needed 80 Sr. Prof $110 $ 8,800 DDAVlS1OJPROPOSAUBOYNTON BCH PROP JPCP A&E DESIGN_1-03-05 Boynton Beach Intracoastal Park Pavilion Page 8 January 6, 2005 Attachment A Boynton Beach Intracoastal Park Pavilion Page 2 . Substantial Completion & Punch List Architect/PM Mechanical Electrical Civil Landscaping Clerical 12 P.M. $140 8 Sr.Prof. $110 8 Sr. Prof. $110 12 Sr.Prof. $110 8 Sr. Prof. $110 .l1 $ 50 56 . Final Completion/Close Out Architect/PM Clerical 12 P.M. $140 4 $ 50 16 . Expenses: TOTAL 520 DDAVIS101PROPOSAUBOYNTON BCH PROP IPCP A&E DESIGN_1-03-OS $ 1,680 $ 880 $ 880 $ 1,320 $ 880 $ 400 $ 1,680 $ 200 $ 6,040 $ 1,880 $ 4,000 $54,000 Boynton Beach Intracoastal Park Pavilion Page 9 January 6, 2005 Attachment B Drawings and Specifications List Boynton Beach Intracoastal Park Pavilion Scope of Services/Estimated Drawings (Schematic Design through Construction Documents) Discipline Est. # of Sheets *T-l T-2 *T-3 *S *SS *C-l.l *C-l.2 *C-2.l *C-3.l *C-4.l C-4.l *C-4.2 *C -4.3 *C-4.4 *C -4.5 Sheet Title Cover Sheet Symbols, Legends, and Abbreviations Boundary and Topographic Survey Symbols Site Survey Site Plan Site Plan Paving, Grading & Drainage Plan Horizontal Control Utilities Plan Civil Details Civil Details Civil Details Civil Details Civil Details Site Survey Civil LandscapelIrrigation *L-l.l *L-l.2 * L-l.3 *L-2.l *L-2.2 *L-2.3 *L-2.4 Landscape Planting Plan Landscape Details Landscape Specifications Irrigation Plan Irrigation Plan Irrigation Details Irrigation Specifications Architecture A-l.l A-l.2 *A-2.l *A-2.2 A-2.3 A-2.4 A-2.5 Architectural Site Plan Site Details 1'1 Floor Plan 2nd Floor Plan Enlarged Plan & Interior Elev. Casework & Interior Elevations Equipment Plan DDAVIS101PROPOSAUBOYNTON BCH PROP IPCP ME DESIGN_1-03-OS Boynton Beach Intracoastal Park Pavilion Page 10 January 6, 2005 Discipline Est. # of Sheets Sheet Title A-2.6 A-2.7 A-2.8 A-2.7 *A-3.1 A-4.1 A-4.2 A-5.1 A-6.1 A-6.2 A-7.1 A-7.2 A-7.3 1" Floor Reflected Ceiling Plan 2nd Floor Reflected Ceiling Plan Wall Types Plan Room Finish Sched/Pattem Plan Exterior Elevations Roof Plan Roof Details Building Sections Wall Sections Wall Sections Door & Window Schedules Door & Window Details Architectural Details Structural 5-1.1 5-2.1 5-2.2 5-2.3 5-3.1 5-3.2 5-3.3 5-3.4 Structural General Notes Foundation Plan 1'1 Floor Roof Framing Plan 2nd floor Roof Framing Plan Typical Details & Schedules Sections & Details Sections & Details Sections & Details Mechanical M1.l M2.1 M2.2 M2.3 Mechanical Legend 1" Floor HV AC Floor Plan 2nd Floor HV AC Floor Plan Enlarged Mech. Room Plans and Elevations HV AC Refrigerant Piping Plan HV AC Details HV AC Controls HV AC Schedules M2.4 M3.1 M3.2 M4.1 Plumbing P1.l P2.1 P2.2 P3.1 P3.2 P4.1 Plumbing Legend & Abbreviations 1" Floor Plumbing Floor Plan 2nd Floor Plumbing Floor Plan Plumbing Stack Diagram Plumbing Water Riser Diagram Plumbing Details DDAVIS101PROPOSAUBOYNTON BCH PROP IPCP ME DESIGN_1-03-0S Boynton Beach Intracoastal Park Pavilion Page 11 January 6, 2005 Discipline Est. # of Sheets Sheet Title Fire Protection FP .Ll FP.2.1 FP.2.2 FP.2.3 Site Plan Fire Protection 1" Floor Plan Fire Protection 2nd Floor Plan Fire Protection Attic Plan Fire Protection Electrical EO.l ELl E2.1 E2.2 E3.1 E3.2 E4.1 E4.2 E5.1 E6.1 E7.1 E8.1 E8.2 E8.3 E8.4 E9.1 E9.2 *ElO.l Symbols, Legend and Abbreviations Electrical Site Plan 1" Floor Lighting Floor Plan 2nd Floor Lighting Floor Plan 1" Floor Power Floor Plan 2nd Floor Power Floor Plan 1" Floor Communications Plan 2nd Floor Communication Plan Lightning Protection and Roof Plan Risers and Room enlargement One-Line Diagram Electrical Details Electrical Details and Risers Lightning Protection Details Apparatus Bay Door controls Schedules and Diagrams Panel Schedules Photometric Plan *Denotes Plan required for TRC Submittal DDAVIS101PROPOSAUBOYNTON BCH PROP IPCP ME DESIGN_'-03-05 e ~t1;;l ....a q~ o ..... ~~ CO? o ..... 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"'l ~~ a~ ;:'0 i::l t;.., S "- ~ *' 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 Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meetin2 Dates in to City Clerk's Office 0 December 7, 2004 November 15.2004 (Noon.) 0 February 1,2005 January 17.2005 (Noon) 0 December 21, 2004 December 6, 2004 (Noon) i:8J February 15.2005 January 31,2005 (Noon) 0 January 4, 2005 December 20. 2004 (Noon) 0 March 1,2005 February 14, 20q;'(Noon) .. 0 January 18,2005 January 3, 2005 (Noon) 0 March 15,2005 February 28. 2005 (Noon) NATURE OF AGENDA ITEM o Administrative i:8J Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfinished Business o Presentation RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for Amendment #1 to Task Order No. U04-14-01. Amendment No.1 to Mathews Consulting, Inc. (MCI) is for $ 102,7J5.00 to' provide professional engineering services for the N. W. 17th A venue (Rolling Green) Stormwater and Water Main Improvement Project. EXPLANATION: The project area is plagued by years of chronic stormwater flooding, poor water quality,amJ,}Qw flow rates. The project area covers approximately 30,500 linear feet of roadwaY('~ite(f~r stormwater improvements and approximately 15,000 linear feet of water main replaceiiJent,-new service connections and site restoration. The N.W. 17tb Avenue area is predominately ;!thil1;iite Rolling Green subdivision and is now referred to as the Rolling Green project. -- ti S;: A~6 On February 17,2004, the City Commission approved Task Order No. U04-14-01 fo~qJp perform engineering services that included development of a scope of work based on SU01lCYS<lli/! subsurface investigations, drawings and specifications for bidding, obtaining requiredper~i4. assistance in recommending the award of a construction contract, and full time representation during construction. S,IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC (,err) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: During the performance of the original task order, MCI identified replacement of an additional 13,461 feet of water main, fifteen (15) sewer main repairs and replacement of ten (10) service laterals. Amendment No.1 will provide funding for engineering costs associated with the broader scope of services. The amendment consists of drawings and development of contract specifications necessary to prepare bid documents. The broader scope of services will add six (6) months to the actual construction time; this six (6) month period will require additional support from MCI as the Resident Project Representative that was not included in the original task order. FISCAL IMPACT: Through the identification of sanitary sewer repairs/replacement, a sewer account number and project number have been added. Funds are available as follows: Task Order Commission Account Number Amount Approved No. U04-14-01 2-17-04 401-5000-590-96.02 WTR121 $ 332,360.00 401-5000-590-96.07 STM027 Proposed 401-5000-590-96.02 WTR121 Amendment No.1 401-5000-590-96.07 STM027 $ 102,715.00 2-15-05 401-5000-590-96.04 SWRI04 TOTAL $ 435,075.00 The construction costs for this project are estimated at $ 5,000,000.00. The total engineering costs including, Amendment No.1, are 9% ofthe estimated construction costs, well below the generally accepted average of 12% to 15%. The compensation for this amendment is based upon the terms and conditions described within the Agreement for General Engineering Consulting Services approved by the City Commission on November 18, 2003. S:IBULLETlNlFORMSIAGENDA ITEM REQUEST FORM ,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: This additional work must be performed in conjunction with the work identified in the original task order to reduce the impact on the project area's residents. It is in the best interest ofthe City and more cost effective to safeguard the project area by completing the entire scope of work at one time rather than going back into the neighborhood shortly after the completion of the original scope of work. To move forward with the described improvements, there is no alternative. 01 ~g t:JJ' ~ aO~/-Sl.. r ...,____ N sio M. Gomez Kurt Br~ Interim Utilities Director \:~ty Manager .L Utilities Department CAlJh/~/1ub!- Department Name City Attorney / Finance / Human Resources Attachment Amendment No.1, Task Order No. U04-14-01 - three originals c: Nemesio Gomez, Interim Utilities Director Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Administration File S:\BULLETINIFORMSIAGENOA ITEM REQUEST FORM.OOC 1 RESOLUTION NO. R05- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING EXECUTION OF AMENDMENT NO.1 6 TO TASK ORDER NO. U04-14-01 TO MATHEWS 7 CONSULTING, INC., (MCI) TO PROVIDE 8 PROFESSIONAL ENGINEERING SERVICES FOR THE 9 N.W. 17TH AVENUE STORMWATER AND WATER 10 MAIN IMPROVEMENT PROJECT IN THE AMOUNT 11 OF $102,715.00; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 WHEREAS, On February 17,2004 the City Commission approved Task Order No. 15 04-14-01 for MCr to perform engineering services that included development ofa scope of 16 ork based on surveys and subsurface investigations, drawings and specifications for 17 idding, obtaining all required permits assist in recommendation for award of a construction 18 contract and full time representation during construction; and 19 WHEREAS, during the performance of the original task Order, Mcr identified 20 eplacement of an additional 13,461 feet of water main, fifteen (15) sewer main repairs and 21 eplacement of ten (I) service laterals. Amendment No. 1 will provide funding for 22 engineering costs associated with the broader scope of services. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 eing true and correct and are hereby made a specific part of this Resolution upon adoption 27 ereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 ereby authorize and direct the approval and execution of Amendment No. I to Task Order S:\CA\RESO\Agreements\Task - Change Orders\MCI-Amd #1 Task Order U04-14-01.doc 04-14-01 to Mathews Consulting, Inc., (MCI) in the amount of $102,715.00, to provide 2 rofessional engineering services for the N.W. 17th Avenue Stormwater and Water Main 3 Improvement Project. 4 Section 3. This Resolution shall become effective immediately upon passage. 5 PASSED AND ADOPTED this _ day of February, 2005. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 City Clerk 28 29 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\RESO\A.greemenls\Task - Change Orders\MCI-Amd #1 Task Order U04-14-Q1.doc TASK ORDER NO U04-14-01- ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT. AMENDMENT NO 1 Task Order No. U04.14.01 - Rolling Green Stormwater and Water Main Improvement Project. Amendment No.1 A. Background As part of Task Order No. U04-14-0I, Mathews Consulting (CONSULTANT) will provide additional design services to the City of Boynton Beach for additional water mains (13,461 feet) in the project area, fifteen (15) sewer main repairs and ten (10) service lateral replacements. Based on the additional work required the construction time frame will be extended from eight (8) months to fourteen (14) months. Therefore, this Amendment to Task Order No. U04-14-0 I provides the scope of work, schedule, and fee estimate for conducting these services. B. Scope of Services This scope of services provides for additional design, construction management, and resident observation for water mains and sanitary sewer repairs in the project area. Task 1 - Survey No Change Task 2 - Geotechnical No Change Task 3 . Design The CONSULTANT will provide professional engineering services to the CITY for the replacement of additional water mains (13,461 feet) and fifteen (15) sewer main repairs and ten (10) service lateral replacements within the project area. The work will include preparation of Drawings and Contract Specifications to be used for bidding and construction. The specific scope of services to be provided by CONSULTANT in this Admendment include the following: 1. Detailed design (plan/profile) for approximately 13,461 feet of additional 8-inch DIP water main in the project area. The construction cost opinion will be revised to include this new work. 2. Detailed design for fifteen (15) sewer main repairs and ten (10) service lateral replacements in the project area. The includes providing Contract Specifications as necessary for this work. The construction cost opinion will be revised to include this new work. 3. Existing underground utilities will be shown on the Drawings based on available information obtained from CITY and as verified by the field survey information. Utilities shown are only those located within the work area that will materially affect construction 1/19/2005 ~ ~o~~~~~g",:~~. TASK ORDER NO. U04-14-01 - ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT- AMENDMENT NO.1 of the improvements (i.e. water or sewer mains, telephone conduits and cable, fiber optic or electrical lines). Additional utility locations will be verified by CONSULTANT through a subcontractor such as "No Cuts" and will be reimbursed by the CITY on a time and materials basis plus a 0% mark up (as specified in negotiated rate schedule) on the subcontracted fee. For the purpose of this Amendment, $5,000.00 (as specified in negotiated rate schedule) has been added as an expense item for this task. Task 4. Permitting No Change Task 5 - Bid Phase Services No Change Task 6 . Services During Construction The specific SDC phase services to be provided by the CONSULTANT include the following for additional 6-month construction period: I. Review additional Shop Drawing and Product submittals for general conformance with the design intent and provisions of the Contract Documents. 2. Attend construction progress meetings every two weeks and provide a written summary of the issues discussed. Project meetings will be conducted by the Project Engineer with the Resident Observer also in attendance. Following the meeting, the Project Engineer will prepare and distribute meeting minutes to the City and other attendees. Meetings will be held at the site construction trailer. Twelve (12) progress meetings are included in the budget for this task. 3. Review monthly payment applications submitted in a format acceptable to the CITY. Assist the CITY to reconcile the Contractor payment requests, clarifications, and responses to requests for quotations. A 6-month additional construction period is assumed in budgeting these tasks. Task 7 - Resident Project Representative Services The Resident Project Representative phase services to be provided by the CONSULTANT include the following below. Construction RPR hours are based on an additional 24 weeks of actual construction (Monday through Friday) at 8 hours per day, for a total of 960 man- hours. 1. Provide a full-time (40 hours/week) Resident Project Representative (RPR) during the construction of the additional work in a total period of not-to-exceed six (6) months for the construction contract. Activities performed under this task consist of furnishing a RPR during the construction of the project, to observe the performance of the work of the Contractor, who will: . Serve as CONSULTANT's liaison with construction contractor, working principally through the contractor's construction superintendent and assist him in understanding the intent of the contract documents. 1/19/2005 2 ~ MATHEWS CO~~11h~,Stl~::~ TASK ORDER NO. U04"14-01 - ROLLING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT - AMENDMENT NO, 1 . Conduct on-site observations of the work in progress to assist in determining if the work is proceeding in accordance with the contract documents and that completed work conforms with the contract documents. Report, in writing, whenever CONSULTANT believes that work is unsatisfactory, faulty or defective, or does not conform to the contract documents, or does not meet the requirements of inspections, tests or approval required to be made, or has been damaged prior to final payment. . Accompany visiting inspectors representing public or regulatory agencies having jurisdiction over the project. Record, in writing, the outcome of these inspections and report same to CITY. . Consider and evaluate construction contractor's RFI's. CONSULTANT shall make recommendation for action by the CITY. . Furnish to the CITY weekly written reports of progress of the work, the level of detail of which will be sufficient to determine the progress of all activities on the contractor's construction schedule. 2. Review work progress at key steps to allow certifications to the SFWMD and PBCHD that work was completed in substantial conformance with the Contract Documents. Review to include verification that water mains were properly pressure tested and bacteriologically sampled to allow a "request for release of facilities to be placed into service" to be filed with the PBCHD. Assist the CITY in obtaining the appropriate PBCHD release for completed facilities. 3. In conjunction with CITY staff, make preliminary and final inspections and assist in the preparation of a Contractor "punch list" to achieve Substantial Completion. Review completion of identified punch list items to assist in the determination that Substantial Completion has been achieved by the Contractor. CONSULTANT shall be involved with the project through Contractor Closeout. Advise the CITY that Final Acceptance of the project has been reached in accordance with the Contract Documents. LlMITATlONSOF AUTHORITY Except upon written instructions of CONSULTANT, Resident Project Representative: I. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not exceed limitations on CONSULTANT's authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, Subcontractors or Construction Manager, or expedite the Work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. 5. Shall not authorize Owner to occupy the Project in whole or in part. 6. Shall not participate in specialized field or laboratory tests. 1/19/2005 3 ~ MATHEWS CO:r;f.~Yh~S{"~~~:; TASK ORDER NO. U04-14-01 - ROLLING GREEN STORMWATERAND WATER MAIN IMPROVEMENT PROJECT- AMENDMENT NO.1 D. Contract Reference This Amendment No. I to Task Order No. U04-14-0l shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2003 between the City of Boynton Beach and Mathews Consulting, Inc. E. Compensation Compensation by the CITY to the CONSULTANT for all tasks except Tasks 6 and 7 will be on a lump sum basis in accordance with the above mentioned Agreement. Task 6 - Services During Construction, and Task 7 - Resident Project Representative will be invoiced on a time and materials basis for the amount of work actually required by the project. The estimated compensation for the services described in this Amendment No. I to Task Order No. U04- 14-01 is $102,715.00 as shown in Table I below and detailed in Attachment 1. The total revised compensation will be a Not-to-Exceed fee of$435,075.00 TABLE 1: LABOR AND EXPENSE SUMMARY Labor Labor Expenses Total Cost Hours Cost Task 3 - Design Phase LS 174 $14,560 $5,000 $19,560 Task 6 - Services During NTE 141 $14,905 $250 $15,155 Construction (SDC) Task 7 - Resident Project NTE 960 $67,200 $800 $68,000 Representative (RPR) Totals 1,275 $96,665 $6,050 $102,715 H. Schedule The completion dates for this work will be as follows (starting at written notice-to-proceed). Refer to attached overall schedule. Enl!.ineerinl!. Services Additional Time per Phase Cumulative Time Task 3 - Design 3 Months 3 Months Task 6 - SDC (I) 6 Months 9 Months (I) RPR Services will be completed during Task 6 - Services During Construction. 1/25/2005 4 ~ MATHEWS CO~~!H:.~Stl:~; TASK ORDER NO_ U04-14-01 ~ROLlING GREEN STORMWATER AND WATER MAIN IMPROVEMENT PROJECT- AMENDMENT NO_ 1 APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this day of ,2005. SUBMITTED BY: Mathews Consulting, Inc. By: (mf~ David L. Mathews, P.E. V ice President . ~ ~ Dated this \ '\ day of J ",,, u...,..J ,2005. 1/19/2005 5 ~ MATHEWS CO~'f.~Yk~Stl:~; City of Boynton Beach Task Order No. U04-14-01 Rolling Green Stormwater and Water Main Improvement Project Amendment No.1 Proiect SummarY Fees Labor Classification and Houri Rates Senior Senior Principal Senior Field Resident Senior Admin. Sub~ Engineer Engineer Repres Inspector Designer Suppor1 Total Consultant Reimbursable Task No. Task Description $115 $105 $95 $70 $75 $45 labor Services Expenses 3 Cui n Services ,-- f--- ..- - f--- -- I-- ,. - f---- 1---, ..- -. - --- Civil Design --- I---'Q..... f-- .~ 1--- ~5__ -'-,- $12.925 1----.- -- S cifications 5 - ~. - Cost 0 inion 8 2 $930 Subconsultant - Ground Houn -- $5,000 - -. Subtotal 10 43 --- ~- 115 6 $1:4,560 - 1----- 1-- ---- -,- --- f-- Construction Administration Services --" -- 6 - .- -- -- General Administration 1 hrslwk addit. 24 weeks) 24 .- e--' $2,760 $250 -, Site Visits (PM) 2 hrslwk (additional 24 weeks) 60 - $6,900 .-- Bi-Monlhl Meetings (additional 12 me_etings) --- f---- 24 I ,- ."-- --- 16 $3,480 Shop Drawin Review 5 -_.- _.2 $615 Evaluate Applications for Payment 10 - $1,150 s.ubtotal 118 5 18 $14,905 - - 7 Resident Project Representative 960__~ i---- $67,200 $800 Subtotal 960 $67,200 labor Subtotal Hours -- 128 48 0 960 115 24 ~-- labor Subtotal Costs .. $14,720 $5,040 $67,200 $8,6~? $1,080 $96,665 $5,000 $1,050 labor Total Costs $96,665 .- ~--- 1---- -_.- ~, - Subcoosultant Costs Total - $5,000 ,- ----- 1------- f---- -"-- -- - -. Subconsultant Multiplier - 1,0 -- ,- -- .--- --- -~. " Subconsuttant Total $5,000 -- -- --- -. - Reimbursable Expenses $1,050 ProiectTotal $102,715 AlIachment1 Mathews Consulting,lnc. 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VI.-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM RequcslL'd ('ily ('OI1l111issi\\I1 _1'vlffiinKV;J!0 I><lll; Filla] hll"lll Must be IUrI1L'd inJi_1 (,'il\' (Jl'.lok '~J )1}L~e Requested ('ily ('ol1lmissjoll ,r-vl~(jJngjl:.l\!,1i [):.lle Final hmll Must be Tumed !!lJ.\l City ('jerk's Oflicc o IkcClllbc1'7,2(j()4 o Dccclllhcr21,2()()4 o .Iulluury4,2()()) o .Iullllury IX.2(}()S o Ichrll<lry 1,20{).'\ [gJ h.:bruury 15,2(0) o l'v1;uch 1,20{)5 o MiHChl.\20().'i Novcmher ] 5, 2()()4 (Nooll.) .hlllllury 17,2005 (Noon) IkCl:lllhci' (l, 2()(J4 (No(lll) .JanU<lry J 1,2005 (Noon) I kCClllhLT 2n, 2()()4 (Noun) February 14, 20()5 (Noon) .IanU<lry J, 2()()5 (NoOTl) February 2X, 2005 (Noc:n_~ c_ -~:.. ::c 0 Administrative 0 Development Plans '" NATlIR.: OF [>.sJ Consent Agenda 0 New Business AGENDA ITEM 0 0 -, Public Ilearing Legal -."'. 0 Bids 0 Unfinished Business r'V 0 0 Presentation ~_....) Anllouncemellt co 0 City Mal1<lger's Report RECOMMENDATION: Approval of Modification to HlIzard Mitigation Grant Agreement (permanent hurricane window covcrings for second floor City Hall windows ~ sec l:lttachmcnts "'A'l & "8'1). EXPLANATION: This agrccment modification is a rcsult of delays in having grant funded hurricane window protection installed on select cd second story \,",'indows ~lt City Hall. The installation delay was secondary to the numerous hurricanes that disrupted operations during August .1Ild Septemher of this past )'ear. There is no penalty or consequencc to the grant. PROGRAM 1M PACT: This approval is required in order for the city to rcceive reimbursement from the State of Florida and FEMA for the purchase and install.ltion of these window covcrings. FISCAL IMPACT: Reimbursement to the City in the amonnt 01'$40,780.00 ALT Not approve the extcnsioll and forfeit Q. k.-... aAJ} epartmellt Ile<ld's Signature City Manager's gnature __,_ Fire Rcscue Ilepartment Department Name ~/iT~,) City Attorney,' Finance / Human Resources S:\BIJLU':TlN\I'()I{MS\A( il;NDA ITI'M Rh)IIlXI ]:ORM,I)()(' C) ("")--l :=i-< .,0 .., I' - ,,1 "0 .( ::J: .-< , C:J ,":')---:r"" .-'1.......... .--qCO -["'1 C)b :110 ::c 18 19 20 21 22 23 24 25 26 27 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. R05- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AMENDMENT #1 TO THE HAZARD MITIGATION GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE DEPARTMENT OF COMMUNITY AFFAIRS FOR THE INSTALLATION OF PERMANENT HURRICANE WINDOW SCREENS AT CITY HALL; PROVIDING AN EFFECTIVE DATE. 13 WHEREAS, on October 21,2003 the City Commission of the City of Boynton Beach 14 authorized the execution of an Agreement between the City of Boynton beach, Florida and the 15 Department of Community Affairs Local Mitigation for 75% funding for the purchases and 16 installation of24 permanent hurricane resistant window coverings on second story windows that 17 cannot be shuttered through standard methods; and WHEREAS, the Agreement expired August 19,2004; and WHEREAS, staff is recommending that the Agreement be extended to November 30, 2004, in order for the City of Boynton Beach to be reimbursed for work completed in the Scope of Work in the approximate amount of$40,780.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission ofthe City of Boynton Beach hereby authorizes and 28 directs the execution of the Amendment No. I to the Agreement between the City of Boynton 29 Beach, Florida and the Department of Community Affairs Local Mitigation, a copy of which is S:\CA\RESO\JI.greements\Granls\Granl Agreement Amendment #1 - DCA - windows.doc 1 attached hereto as Exhibit "A". 2 Section 2. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of February, 2005. 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 ATTEST: 23 24 25 City Clerk 26 27 28 S:\CA\RESOlAgreementsIGrants\Granl Agreement Amendment #1 - DCA. windows.doc ~)(~\~.{- n ~ A M;REEMENT #04HM-?L-IO-60-15-013 PROJECT # 1359-0012 MODIFICATION #1 TO IIAZARD MITIGATION GRANT AGREEMENT This Modilication Number One is made and entered into by and between the Florida Department of Community Anairs ("the Department") and the City of Boynton Beach ("the Recipient") to reinstate and extend the agreement between them dated November 19. 2003 and numbered DCA Contract No.04HM-'lL-1 0-60-15-0 13 ("the Agreement). WHEREAS, the Agreement expired August 19,2004; and WHEREAS, the parties desire to reinstate and extend the Agreement to November 30, 2004 in order for the Recipient to be reimbursed 1<'11' work completed in the Seope of Work, as set forth in Attachment A. NOW, THEREFORE, the parties agree to reinstate, extend and modify the above retCrenced Agreement as follows: I. Paragraph (3) of the Agreement is hereby deleted in its entirety, and the following paragraph substituted in its place and stead 1<',1' all intents and purposes: This Agreement shall begin November 19,2003 and shall end November 30, 2004, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. 2. Except as modified herein, all other provisions of the Agreement shall stay in full force and effect IN WITNESS WHEREOF, the parties, have caused this Modification to be executed by their duly authorized undersigned ot1icials on the dates set forth below. BY: '-....- ....~ RECIPIENT CITY OF BOYNTON BEACH Name and Title: Date: ----.---- DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: W. Craig Fugate, Director, Division or Emergency Management Date: --.-.-.------- 1 ,~, I t)( "'I~'+ A Page] ofl Ness, Jim From: Angela.Weir@dca.state.fl.us Sent: Friday, January 07, 2005 4:58 PM To: nessj@ci.boynton-beach.fl.us Cc: Merle.Davis@dca,state.fl.us Subject: 1359-0012 Contract Modification #1 Mr. Ness: Attached, please find the above referenced document. Please print four copies of the modification aqreement ,and have the official representative siqn each modification. All four (4) copies of the modifications should then be sent to the Department of Community Affairs for full execution as soon as possible after receipt of this e-mail for final execution. One fully executed modification will be returned to the City of Boynton Beach for its files. If you have questions regarding this modification or who is authorized to sign it, please contact Merle Davis at 850-413-7440, 1/21/2005 If II r3.'/, ~\h,* E Page I of I Ness, Jim From: Mike Pawelczyk [mpawelczyk@cityatty.comj Sent: Wednesday, January 19, 20058:42 AM To: NessJ@ci.boynton-beach.fl.us; Swanson L@ci.boynton-beach.fl,us Subject: Extension of Agreement - Hazard Mitigation Grant I have reviewed the documents faxed to me from the CAO and regarding the above matter and comment as follows: 1. It is my understanding that the original agreement was approved by the City Commission and executed by the City Manager. There are no provisions within the original grant document authorizing the City Manager to extend the Agreement without the necessity of City Commission approval. Therefore, the Amendment or "Modification" must be presented to the City Commission for consideration. 2, Are the dates, which refer to the year 2004, as set forth in paragraph 1 of the Modification document correct? Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me. Michael J. Pawelczyk Assistant City Attorney 1/21/2005 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.7. 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 Meetim~ Dates in to City Clerk's Office D December 7, 2004 November 15,2004 (Noon.) D February],2005 January 17,2005 (Noon) D December 21, 2004 December 6, 2004 (Noon) i:8J February 15,2005 January 31,2005 (Noon) D January 4, 2005 December 20, 2004 (Noon) D March 1,2005 February 14,2005 (Noon) ,"": D D , January 18,2005 January 3, 2005 (Noon) March 15,2005 February 28, 2005 (Noon) r',' ,:"1 ,-, -..~ , ::.) '-'I .,1 .-) D Administrative D Development Plaos .." NATURE OF i:8J Consent Agenda D New Business I' ~ AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business i'.,J D Announcement D Presentation D City Manager's Report -I ) '--') -, ~-) :.::.c RECOMMENDATION: Motion to approve and authorize signing of Agreements for Water Service Outside the City Limits with Lori Podray as Customer and Hypoluxo Homes LLC as Contract Vendee; and with the Eparchy of Passaic as Customer and Hypoluxo Homes LLC as Contract Vendee, for the proposed project known as Nicola P.U.D. located west of Military Trail and south of Hypoluxo Road. EXPLANATION: The parcels covered by these agreements consist of 53.685 acres of land proposed for singe family residential usage. The anticipated demand for 177 equiValent residential connections will be approximately 80,000 gallons per day of potable water based upon the City's adopted level of service of 200 gallons per capita per day (gpcd) and a per unit occupancy of 2.26, and 36,000 gallons per day of wastewater based upon 90 gpcd. PROGRAM IMPACT: Water and Sewer main extensions must be constructed by the developer to serve this new P.U.D.. It is anticipated those lines will be extended westward along the south side of Hypoluxo Road from the current terminus ofthe utility system. A new sewer pumping station will also be required. Provisions will be incorporated into the system design to allow looping of water mains, and also to allow future service line extensions to adjacent properties. FISCAL IMPACT: None. The developers will be required to construct all improvements needed to serve the P.U.D. at their expense. S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC Q( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: None. This parcel is within the Utilities service area. /&P/t-~ 4- .. Department Head's Signature ignature Utilities Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella Michael Rumpf~ Planning & Zoning City Attorney File S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM ,DOC I 2 RESOLUTION NO. ROS- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING THE MAYOR TO 6. EXECUTE AN AGREEMENT FOR WATER SERVICE 7 OUTSIDE THE CITY LIMITS AND COVENANT FOR 8 ANNEXATION BETWEEN THE CITY OF BOYNTON 9 BEACH AND LORI PODRA Y AS CUSTOMER AND 10 THE HYPOLUXO HOMES LLC, AS CONTRACT II VENDEE; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the subject property is located outside of the City Limits, but within our 15 water and sewer service area, for the 8.420 acres parcel located on the west side of Military 16 Trail and south ofHypoluxo Road; and 17 WHEREAS, the parcel covered by this agreement is currently not developed, but is 18 proposed to accommodate 177 single family residences; and 19 WHEREAS, water and sewer main extensions must be constructed by the developer 20 to serve this new P.D.D. Those lines will be extended westward along the south side of 21 Hypoluxo Road from the current terminus of the utility system at developer expense to serve 22 this project; and 23 WHEREAS, City policy requires annexation of the property to be serviced at the 24 earliest practicable time, as a condition of the granting of water services outside its 25 jurisdictional limits; and 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The Mayor is hereby authorized and directed to execute a Water S:\CA \RESO\Agreemenrs\Water Service\Podray (Hypoluxo Homes) Water Service Agr-.doc Service Agreement between the City of Boynton Beach, Florida and Lori Podrayas Customer 2 and Hypoluxo Homes LLC, as Contract Vendee, said Agreement being attached hereto as 3 Exhibit "A". 4 Section 3. This Resolution shall become effective immediately upon passage. 5 PASSED AND ADOPTED this _ day of February, 2005. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor II 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 24 25 26 City Clerk 27 28 29 30 S:\CA\RESO\Agreements\Water Service\Podray (Hypoluxo Homes) Water Service Agr-.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this )@day of IJonua(':),7o:~ by and between Lori Podray hereinafter called the "Customer", HYPOLUXO HOMES LLC, hereinafter called "Contract Vendee" 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, in order for the Contract Vendee to obtain zoning approval for commercial development from the Palm Beach County Board of County Commissioners, the property owner must be able to access water services; and WHEREAS, the Contract Vendee only requires water service if it purchases the subject property from Customer; and WHEREAS, all parties recognize that this agreement is valid only upon the occurrence of the Contract Vendee, HYPOLUXO HOMES LLC (as assignee of Ansca Communities, LLC), purchasing the property from Customer, at which time the Customer will voluntary annex into the City of Boynton Beach; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are 30 Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer, or if the said real property has been transferred, the transferee, will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer, or if the said real property has been transferred, the transferee, will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer 2 acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferees, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer, or if the said real property has been transferred, the transferee, hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. Customer hereby acknowledges that it has currently entered into a contract with HYPOLUXO HOMES LLC for the sale of Property conditioned upon the Contract Vendee obtaining approval from the Palm Beach County Board of Commissioners and/or other municipal agencies' zoning approval for development of the Property and other conditions. 14. This agreement shall not be effective until and unless the Customer transfers legal fee title to the Property to HYPOLUXO HOMES LLC or its successors or assigns in accordance with the terms of the contract referred to in paragraph 13 mentioned above. Furthermore, no documents, including this agreement, shall be recorded unless title to the Property is so conveyed to HYPOLUXO HOMES LLC or to its successors or assigns. Upon such transfer of title, this agreement shall be in full force and effect and all obligations hereunder on the part of the Customer shall be automatically transferred and assumed by the grantee named in the deed from the Customer conveying title to the Property as aforesaid, whereupon Lori Pod ray, her 3 heirs and assigns, shall be deemed released from any further liability or obligation hereunder. 15. Notwithstanding any other term or provision in this Agreement, this Agreement will be null and void, if the Contract Vendee has not acquired the property by )'l.l>t. 3D ,20~ , \3 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of :::JZ:(f\L((i/,lj ,20<6 WITNESS: ~C\t Witness Signa;;;;;Z +- ~ >( " 5) -tl V\ Q -::r<..I._X, <;,.:t- P . led Witness Name ' INDIVIDUAL(S) AS OWNER(S): ~ ~ "- , ,.-/ c/ ignature ~~ Lori Podrav . Printed Owner 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 Lori Podray to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: fl_ "t':l_ . ~ .\.-1. WITNESS m hand and official seal in the County and State last aforesaid this \ t, \ 1) day of '---',fll', ,200..5 (Notary Seal) ~ /'_ Notary1'ubllc ~ a\. KhristIna N Iwooz ;, >f. i My Commission 00185879 ...7" ExpkuFolltualy01.2007 4 WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ,Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: City Attorney 5 L~~ ~S ignature v,cSDh-ti ~S? 6LWf:[tme ~ . I i)L h\tKs s~ntVel ~i)Mp~V) Printed Witness Name T VENDEE: Charles Scardina, Mgmr (CORPORATE NOTARIZATION) FOR CORPORATE 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 Charles Scardina to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me thatlJ~/she executed the same; that the individual was personally known to me or provided the following proof of identification: \ '8f-'\WITNES~j(, hand and official seal in the County and State last aforesaid this - day of , 0..-1 GII'j , 2005 (Notary Seal) ~g:;ru . Notary ublic "'" ""- KhrIatIna N Iwuz !'~"", My CommiaIIOn DOl05B19 ,.,../ expifMFellruIllyOl.2007 6 JANI9 '05 II :l4 FROM: T-IlS P.08/09 F-540 FUND COMMITMENT Commitment No,: Fund File Numbe,. 06-2004-10634 EXHIBIT A P...cell The South, IICrcs ofTl'lIo! 3, Amended Plat of Seotion 12, Town.mp 45 South, Range 42 East, Mary A. Lyman, et ai, according to the map or plat thereof as recorded in Plat Book 9 Page 74 being more particularly described as the South 5 acrc:$ ofthc We$t ~ ofthe West ~ ofilia ' Northeast V. of the Northwest V. of Section 12, Township 45 SOUth, Range 42 East. Together with those Grants of Easement for ingress and egress recorded in O.R. Book 14050, Page 1906 and O.R. Book 14161. Page 690, Public Records of Palm Beach County, Florida. Parcel 2 ~ AI 'IIIJ JIlml S6.77/m' O"'JHl (Cll"" Zn..1Ur Of'Mi NOlmI 11M' (II Yo} 01' M _ tW.F lW ,,) Of' TItI WI5'/' IWIIW 1111 CI' M NQIl1lteA5f QUAlITIR (II! 1111 01' nc; ~~lllW~~ RC1'/llII U,lll\WlIItll'45 &llUnt.1WIIlI4Z ~..- ICNQWII Alj.'IIllIDlfll"'77 Of' M ICllIIlt ..9.t RI!l' C1'M JllllITH 0lIe0IWf (ImCll' 1lUCt" no4i1lMlIlftQUM1lR11l4). /("Q'I'_'IO,/HUMeIlDIOPlATIIl:11llM lZ.1'ClWIlIItlP 451lXlTH, lWtGl.Q 1A$T,1Wl'I A. LVIWl. Ef.Al..,1lECOIUlI!ll1N PlATlIClOlCt, PAIlE 74, PIAJC lW:llllll$ OIlWl'1llEA01 CIOlJItI't, R.ORlD'- 1WICIt-.: 'lllIi JllllITH ""'feeTOf' M SOUIli 127.21 f'UT Of M JllllITH IWI (II \,\) ClI'1l1I! WlSTHIW'lW Yo) OI''IltIIWErr HAlJIlW Ill) Cl'M /ICIIl'/llIAITQU'= =1ItI anIWlSTOJAImIIIJfW''lOl'IB:IIOIll2, 'IOWNIHIP4S~ q (...~ IIIIllWIlASMMClmI!M.77IllEfOf,/ltlUlllIIHUJ.zlf&TOf ..",NDIl'IHIWI lRIOf .-. l, _1~III'QIWITI!ll(lJ4), _1IlIlll'/O'M! AJllfllll!lllllA'/ IIlCIlllN U. '/OWIISIllP04S IalITII, IWlGe G Wl', MAAY ,., LVIWl. II' A1... AIOllIIltO IN lUITIIClOlC I, PAllE 74, fIaIC Ill!CllItCS tJll'ALK llEAOI CCIllNl'Y, ~ IWlCILCI 'IItlI NClA'/II H.n f&T llI' 'Mi 1llUIII17IlM 1m' Of '!HI! NDIl'IH HAI.I'(II "'llll'M WISf IWI cw It} llI''IHl! WErrIWl (VI \Ill Of 1MI HClRTllfAST QIMRTJll (Ill") tJI 'lit! NC:llrlIiWE5l'()lJAkTfA INW~) Of SKnClII~ 10_U tIIlUlli, -.. ~ -- Il/IIOWlIM M NtlIl'IH...77 FE!!' 01 'lIE IOI1IH UO.44 Nrf Of TIll HOAn4 ~MflI OFmeT' t NCR1tfMSI' QUMnII, Aa:IOtll-"NG T1) 'IlIl! AIlIHDID PlAT sa:noN l2, 4S $ClIIll, lWlGEueAST,MMY A. ~YMAN, 'tt. AT., llECOllCllHIlPlAT IlOOllI, l\lGE 74, 1'UIllC1lECIlllllS0I' ,ALI4IlfN:1l CClUH'lY. Fl.llIUlIA. ,AIlalL II THlICll1IH llSAl RIT tJI'IlIl! IQI1H HAlf (M Val Of'/HIwm'lWIlW "'tiM WES1' HAI.F IW "'I Ol'lHE JtClImtfA5T CIUMIIA IN. "lonMl NClIo..lW\lIl' QINIliIl iiI ClI' SEl:ItCN 12; ~1IHll' 45 SClUIH. MIlGII q tA$r1 NlIlCt _1CIIllWN M'1ll5 illUTH lU7111t llI' 1l1I! IIClRTH HAI.I' um ClI' '/MCl' J, HaIl1'KWIiST QIJAR1'IIll1l.~ _CIIlIlIIllllllI1V '/III N ElIDeD P1.AT ACllON I), 'I'ClWIIilHIP 45 sount.lWIGJ a MSf.1fMl' A. LYMAH, IT 1lT. ~ III lUIT lOOK" ,IIGE 74, PlIIUt: llIiCZlIlaf tJll\WIlIfAOIl!lUHI't, flOlUllA, PAIQI,1< 1HllHOtml so.o ffEfCll''Mi IlllI1M ....IUfCll''!1W:I' J,II11lm.-..1lSI ClUAlnWl tflNI ") 0" Sl!CTIllN 12, 1QWIISltIP 45l1Ol1111. JWlllf a IAliTlIIilNli AUO IlNOWN AI 'lilt IIClIlTH III '. I'I!EfOf'/HI1OUTH HAlf lam '/RIlC1' J, NOlmINllST~(1I4).. '~1V'/III A/GNlII!O PlAT 1K!lllII11o ~.. ~ MNiiI 011 Wft ~ A. L",,* rr. AT.. IlKDIUlED III PlAT IDCIC.. PAGE 7. ClI'lHE l'IJIQC; Il/!CllAllS Of IWI'IllEAOI CXIUI'l't, I\OlUllA AND RlHG IQIl! l'MnQ,IUALY /lID.IRD AS M NlltnH Iu.o I'm' 01' 'ftfJ 1Cll/TII......I\III'ClI''/IC WBTHAlJI <m~'IlIl! WEST HAt!' lW "I Qf 'lHf NORT1<<4Sl' QIlAftn,*lNllfd Clf'ntli ~ (NW I/o) Of' ss:naN U. 1OWIIlIHIP.5 SCIlInI.IIAIlGf 42 fAST, PAUl llEAI:H CllUNlY, R.CflIOA. Page 6 of7 L Dr, ~.(,-r Cxh.b,f A" THIS iNSTRUMENT PREPARED BY: James A. Cheraf, Esquire Josias & Goren, PA 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF Palm Beach I/We, Lori POdray, hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the day of , 20_ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the 1"2b day of::Y'H,U O/lj ,in the year two thousand and S Sealed and delivered in the presence of ~~~ Witness Signature ~Ylsb'n('\~('l~-(- Printed Witness Name o. f) . Lori Podrav Printed Owner Name i ness Signature ~ll{(i 8{,{)(#ffr)~\I--, Printed W tness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this of \QV\l ~C.r\ir; 2oili, by Lori Podray and are known to e or who have produced -f l_ b (_ identification and who did/did not take an oath. ctr1Ja NOTARY P~ I ~'! day , who , as J':: a\. Khristino N Iwooz . ~ . My Commilalon 00165879 V... .:/ Expires FobrulllY 01, 2007 Type or Print Name Commission No. My Commission Expires: POA.IND JAN19 '05 II :32 FROM: T-136 P02/09 F-540 ATTORNEYS' TITLE INSURANCE FUND, INC. Palm Beaeh Brancb 340 Columbia Drive, Suite 106 West Palm Beaeh, FL 33409 (561) 640-3700 Fax: (561) 640-9387 Mitchell A. Shennan 1301 N. Congr~s Avenue Suite #210 Boynton Beach FL 33424 Date: Fund File Number: County: Refsrence: August 26, 2004 06-2004-10634 Amended P"lm Beach Podray S/l' Anrea Dear Khristina: We hRve ~_i""d tith to the property described in Schedule A lIttached and prepared these schedules to be used exclusively for the purpose of issuing a commitment or policy ofrltle Insurance underwritten by Attorneys' Tille InsuNfHce Fund, Inc. Please review the schedules before signing and inserting in a Fund Commitment cover. As our Agent you must: A. Add additional requirements lItId/or exceptions to Schedule B that you find necessary from your analysis of the present transactions. B. Evaluate Schedule A and B and issue endunements as may be appropru.te, dekting or modifying the Schedules. Our exQminatlon of rUle reflects only tho., mRttel'$ record"d I.. the Official Records Books. You are responsible for .fuch other off-record examinations and check$ lIS you may find necessQry pursUQnt to Fund underwriting procedures. It /$ also necessary that YO/l check fll' any unpaid municipQI assessmsntslllsns to satisfy the requirement under Schedule B-1. if QPplicable. In the event you are required to issue a MorlgQgee Commitment, Schedule B-Ilofthe Owner's Commitment will provide informtltion from a 20-year judgment Qnd lien search on the proposed Insured. The Fund QPprec;ates this opportunity tll be ofservic,. PI'Rsl! contact us if you have any questions. Sincerely. Attorneys' 17tle Insurance FU/ld,lnc. Rebecca ClIccilltore Senior Examiner JANI9 '05 11:33 FROM: T-I,5 P,O,/09 F-540 FUND COMMITMENT SCbedule A 1. Policy or Policies to be Issued: Fund File Number: 06-2004-10634 Amcndcd kent's File Reference: Podray SIT Ansca Proposed Amount of Insurance Commitment No.: Effective Date: August 9, 2004 at 11:00 PM OWNER'S: ALTA Owner's poliey (10/17/92). (If other. specify.) $1,850,000.00 Propo$ed Insured: Ansea Conununitics, LLC. a Florida limited liability company MORTGAGEE: :1. Th. utate or interest In the land described or refemul to in thi.v commitment Is afee limple and title th.reto is at the effective date hereof vested In: Lori Podray as to Parcel I and Parcel 2 8flS.- ~. Saragelas, Jr. and. )J~iA ~t'ltllt C.a"helar '1:1 t~ Paf;el1 3. The land referred to In this commitment Is described liS follows: See Exhibit A attached. AGENT NO.: 13613 ISSUED BY: Mitchell A, Shennan MAIL/NG ADDRESS: 1301 N. Congrc.. Avenue Suite #210 Boynton Beach FL 33424 AGENT'S SIGNAT';;;;::; ~ - Mitchell A. Sherman Rcv.1.Z Page 1 of7 JANI9 '05 II :33 FROM: T-136 P04/09 F-540 FUND COMMITMENT Schedule B Commitment No.: Fund FiI~ Numb~r 06-2004-10634 Amended I. Thll following "re the requirements to be complied with: 1. PRYIfl~nt of the full considllrlllion to. 01' for the account of, the gmntors or morlgRIlOrs. Z. Instruments creiRing the eatlfte or intereat to b. inaur.d which Ifluat bll executed, delivered and flied for record: A. Warranty Deed from Lori Podray.joined by spouse. if married, to the proposed purchaser(s). as 10 Parcels 1 and 2 . , . posed insured pllrchaser(s). liS to Parell13 C. Access Easement by a n ake Worth Drainage District and Spero D. Carabelas. Jr. and pata Carabelas for access over the Lake Worth Drainage District L-18 3. A determination must be made that there are no unrecorded .~pecial asses.~ment liens or unrecorded liens "rising by virtu. of ordinances. unl'ecorded agreementa tlS to impact or other development fees, unpaid wlIste fees payable to the county or municiplllity, or unpaid service chfU'ges under Ch. 159, F. S., or county ordlnance. of yment of taxes for the year 2003 must be with respect eye clerk of the court, under Folio Number 00-42- - 3-0060. (Parcel 3) 5. Satisfaction of the mortgage from Frederick Hurlbut and Claudia Hurlbut to Washington Mutual Bank, FA dated September 28, 1999 and recorded in O.R. Book 11417, Page 500, Public Records of Palm Beach County, Florida. (Parcel 2) 6. . CarabeJas, Jr. and Nu . Home Loan Corporation dba Expanded Mortgage Cr It ted Fcbru . 3 and recorded in O.R. Book 14914, Page 113, Public Recor each County, Florida. (Parcel 3) 7. Satisfaction oflhe mo rom Spero D. Carabelas, Jr. and Nubia Zapata Carabelas to GMAC db .com dated June 26. 2004.and recorded in O.R. Book 17319, Page 793, 8. Satisfactory evidence must be furnished establishing that Ansca Conununities, LLC is a limited liability company dilly organized, validly existing, and in good standing under the laws of Florida (at date of purchase and at the present time, or at date of purchase and at date of sale). Page 2 of7 JAN 19 '05 II:!! FROM: T-1!6 P.05/09 F-540 FUND COMMITMENT Sehedule B Commitment No.: Fund Fiie Number 06-2004-10634 Amended 9. davit to be executed by LOri Podray and Spero D. Carabelas. Jr. and Nubhl Zaplltil Carabe '. 1 There are no matters pending against the am glve rise to a lien that would attach to b and the recording ofthe interest to II e affiant s ot execute any instruments ould adversely affect the interest to be insured. 10. Closing funds are to be disbursed by or at the direction of the agent of The Fund identified at bottom of Schedule A. II. A search commencing with the effective date of this commitment will be performed at or shortly prior to the closing of this transaction. If this search reveals a title defect or other objectionable matters, an endorsement will be issued requiring that this defect or objection be cleared on or before closing. 12. Affidavit from the owner of the aubject property, or some other person having actual knowledge, establishing that no person other than the owner is in possession. 13. A survey meeting The Fund's requirements must be furnished. If such survey reveals any encroachments, overlaps., boundary line llisputes, or other adverse mlltter., they will appear as exceptions in the policy to be issued based upon this commitment. 14. The policy to be issued based upon this commitment will not contain an exception for easements or claims of easements not shown by the public records, providell that: (n tbe survey, meeting The Fund's requirements, does not disclose the existence of any unrecorded easements; and (ii) the affidavit of the owner, or other person with actual knowledge, establishes that there arc no unrecorded easements or claima of easements in existence. IS. Affidavit from a reliable person must be furnished es~blishing that more than 110 daya has elapsed since the completion of all improvements for which payment has not been made in full. 16. Agent is to record the insured instruments as soon as possible after closing. 11. Schedule B of the policy 01' policl.8 to ", u8u.d will contain exceptions to the following matters unless the same are diN posed of to the IllIlsfaction of The Fund: 1. Defects, /lens, encllmbr(/llces, tulvel'Se claims or other mattel'S,if any, cl'eated,fil'St appearing in the Pllblic records or attaching sllbsel/uent to the ,flective date hereof but prior to the dIlIe the proposed insured tlCl/uir"" fol' vallie of record the estate or interut 01' mortgage thereon covered by thi., commitment 2, Any owner IInd mortgagee policies isslled pUl'SlIlInt heretowlll contain under Schedllle B th. lit"ndlll'4 lIXc.pfiom; $etfDrth at the inside cOl'er hel'eofllnless an affldal'it of possession and a satisfactory current survey are sllbmltted, an Inspection of the premises is made,lt is determined the cllrrent yellr's tllXes or specilll assessments hal'e been paid, and it is determined there is nothing ofrecol'd which would give rise to construction liens which could take priol'1ty ol'er the Interest(s) insured hereunder (wher. th. U.n. wDuld Dthe.....i." tllke priority, submission of waivers ;$ necessary). Page 3 of7 JAN 19 '05 11 :,4 FROM: T-1,6 P06/09 F-540 FUND COMMITMENT Schedule B Commitment No.: FIInd FUe Number 06-2004-10634 Amended 3. Pederalllens and Judgment liens, if any, filed with the Fiorito Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.101, et seq., P.S., respectively, which designate the florida Department of State a.r the place for filing federal liens and Judgment liens against psrt/t>nRI pro1"'rty. FDr insuring purposes: (a) Pursuant to See. 713.901, et seq., F.S., psrso"RI pro1"'11)1 includes, but Is not limited to, mortgRges, leaseholds, mortgRges on lea.reholds, Interests In coopelYltlve Rssoclatlons, ventees' tlllerests, IIIId opti01lS ",hen t"He interellts ars held by R pRrtnership, corporation, trust or decedent's estate; alld (b) PursURllt to See. 55.201, It seq., P.S., personRI prope11)1 inclulles, but is not limited to, leaseholds, tnterests in cooperative alSoclations. vendees' interests, and options rlllRrllJiIU olthe IJIpe of enti(v holding such interests, Including indlvldullls. (,Note: Mortgllges hllve been specifically excluded from the personal property Interests In ",hieh Rjudgment Ikn mllY "s Rcquil'd unur the prolli1:ions of See. 55,201, et seq.. F.S.) 4. Taxes for the year of the effective date of this policy. 5. Subject to rights oftenants under unrecorded leases, if any. 6. Restrictions. conditions, reservations, casements, and other matters contained on the Plat of Amended Plat of Section 12, Township 45 South, Range 42 East, Mary A. Lyman, et aI, as recorded in Plat Book 9, Page 74, Public Records of Palm Beach County, Florida. (All) 7. Reservations contained in Deed from Lake Worth Drainage District recorded in Deed Book 574. Pa~e 87, Public Records of Palm Beach County. Florida. (All) 8. Easement to Florida Power and Light Company recorded in O.R. Book 2295, Page 1231, Public Recorda of Palm Beach County, Florida. (l'arcell) 9. Easements contained in Warranty Deed recorded in O.R. Book 1829, Page 407, Public Records of Palm Beacl1 County. Floricla. (Parcell) 10. EIl.emen!. for Ingress and Egres. recorded in Deed Book 1165. Palle 496, Deed Book 1166, Page 387, O.R. Book 147, Page 246, O.R. Book 147, Page 246, O.R. Book 147, Page 248, O.R. Book 1521, Page 572, O.R. Book 1829, Page 407, O.R. Book 457&, Page 703, O.n.. Book 2&27, Page 1010, Public Records of Palm Beach County, Florida. (parcel 2) 11. Easement a. reserved for road purposes over and across the East 14 feet of tracts of land recorded in O.R. Book 5272, Page 1615, as corrected In O.R. Book 54.51, Page 1.535, Public Records of Palm Beach County. Florida. {Parcel 2) 12. Ba.ement to Florida Power and Lillht Company recorded in O.R. Book 637, Page 538 and O.R. Book 642, Page 287, Public Records of Palm Beach County, Florida. (l'arceI2) PlIge 4 of7 JAN ,19 '05 11:34 FROM: T-IlS P.OT/09 F-540 FUND COMMITMENT Schedule B Commitment No.: Fund File Number 06-2004-1 0634 Amended 13. Lack of access or limitations on access to the land occasioned by the tenns and conditions of the crossing agreement recorded in Temporary Access granted over and across the L-18 Canal by the Lake Worth Drainage District, contained in instrument recorded in a.R. Book 15601, Page 1383 and a.R. Sook 14071, Page IIII Public Records of Palm Beach COWlty, Florida. (Parcel 2) 14. Basement for Temporary Aooe.s over and acro.. the L-IS Canal to Hypoluxo Road recorded in a.R. Book 1560 I, Page 1388, Public Records of Palm Beach COWlty, Florida. (Parcel 2) 15. Easement to Florida Power and Light Company recorded in a.R. Book 14050, Page 1914, a.R. Book 14050, Page 1918, a.R. Book 14050, Page 1922, O.R. Book 14050, Page 1926, a.R. Book 14050. Page 1930 and a.R. Book 14050, Page 1934 Public Records of Palm Beach County, Florida. (Parcel 2) 16. ElllIement in favor of Bellsouth Telecommunications, Inc., contained in instrument recorded in a.R. Book 14050, Page 1938, O.R. Book 14050, Page 1943, a.R. Book 14050, Page 1948, a.R. Book 14050, Page 1953, aR Book 14050, Page 1958, O.R. Book 14050, Page 1963 Public Records of Palm Beach County, Florida. (Parcel 2) 17. Grant of Easement for a perpetual, non-exclusive casement for ingress and egress over the Bast 20 feet recorded in a.R. Book 14050, Page 1906, Public Records of Palm Beach County, Florida. (Parcel 2) 18. Easement in favor of Adelphia Communications Corporation, contained in instrument recorded in a.R. Book 14050, Page 1968, a.R. Book 14050, Page 1973, a.R. Book 14050, Page 1978, a.R. Book 14050, Page 1983, a.R. Book 14050, Page 1988, a.R. Book 14050, Page 1993 Public Records ofP~m Beach COWlly, Florida. (parcell) 19. Grant of easement for a perpetual, non-<:xclusive ClIsement for ingress and egress to and from the subject properties recorded io D.R. Book 1416\, Page 681 and a.R. Book 1416\, Page 690 Public Records of Palm Beach County, Florida. (Parcel 2) 29. ==~ t~ ::o~da Power and Light Company recorded in a.R. Book 2445. Palle ~~,;. Publie- v f a lash ~8W1t)~ Jflu.ldu.l"~w"'~ 011 21. ~~:~ O~~;:; ~~D~~V::g:fl ;~~~u:~~~;;~;~~~ ;;1;:~~:~~~~~~.:;~"~~~~rt 30, 22. Subject to the rights as conveyed by Palm Beach COWlty to Lake Worth Drainage District in the property South of Hypoluxo Road and the 1.-18 Canal recorded in a.R. Book 7511, Page 1952, Public Records of Palm Beach County, Florida, which restricts ingress and egress from the subject property to Hypoluxo Road. 23. Rights ofthe Lake Worth Drainage District to Chancery No. 407 as reflected in a.R. Book 6495, Page 761. Public Records of Palm Beach COWlty, Florida, PageS of7 JANIS '05 11: 14 FROM: T-II6 P.08/0S F-540 FUND COMMITMENT C'Jntmitment No.: Fund File Number 06-2004-10634 EXHIBIT A P"rcell The South 5 acres ofTrllc! 3, Amended Plat of Section 12, Town.hip 4S South, Range 42 East, Mary A. Lyman, el ai, according to the map or plat thereof as recorded in Plat Book 9, Page 74, bemg more particularly described as the South S lieI'<:' oflhe West ~ ofthe West Y. of the Northeast V. of the Northwest Yo of Section 12, Township 45 South, Range 42 East, Together with those Grants of Basement for ingress and egress recorded in O.R. Book 14050, Page 1906 and O.R. Book 14161, Page 690, Public Records ofPalrn Beach County, Florida. Parcell ~A1 MIIClrnl56.77 1&1'01"'* 5Dl1lll an..I&l'Cll'lIE IlOImlIll\Ol' IN Yo}Cll' M _tW.l' lW ,,) Of 'IltI_HAlI IW Ill) CII' MIIIlCIltIlA51' QUA/lTIIl (Ie lItl 01' M NlIR1h'WISt aIAIlIIR lNW "I Cll' RC1IllN II. 'lll'MIIHll' 4S Ill\ml, - 'Ill urr, __ ALIO IlIICl\W Ali.'IIIfE.1IDITH "771'1II' OF M SCltIlI aa.u I'IIl' OI'M Nllll'IIl 0IIl!>tWI' 11m llF ~,,~quoII11l'tIl4)." q'O'lIIIG'IOTHlAM....fllATIIC1KlIl"' 'lllWNIllIP 4S1llUlIl, ""GEAST,1Wl't A. LVIWI,IUI..,llECOIUleI)tN fllATIOClICI, PAIZ 74, PlaK: ~ 01 MlMlIUOtCllUlfl't, MlIlD'- IWIaL I: 'lIill NOllTH .." HIT 01' 'Ill! SlllI1l4 227.211VT OIF 1ltII anllWI (II \\l 01' 1liI! WIST HIW' lW VII 01'111I WEST HAll tw IlOI OIF 1liI! NIlllMAIT ~~"I Cll' ltI! anM1!ST ~ I/lW IIIl ClI'iiII:T1OIl aa. 'tOItt'NMP 4S saum. G fAIfI.... AlSO IlNllWIl AS '!HI MCImI ..711111'0IF 1HJ1llUIll azUl"" OIF 1III1ICllll1i HAU' 11121 II' 'IUCl' ,,_~tpIITM(II4)' _'10M AtBIIlI!lI PlAT IlK1\CIIl 12,1tMolIlQP4S l1llU1'H.1WIGe G WT, MAllY'" LVIWI, 11' AL.. R~IN P1ATIOClIC', fME?4. ~ ~OI' ~ WACHCllUIfI't, ~ _C'lIE MCImI St.TI ",",OllIE IQUtH l"IM I&1'llF'l1<< IICllll1i HALP(N \Ia)Cll'lIE ~HAlI(w III}Cll''IHll WESTHALPtw \'II 0IF1MIliIClIlTllWTQlI~~~ ")0I''ne ~~IIlWIII)llFliECIIlllI,z.IQ_4lItIlUl'tlt 4lI~ .HGALIO IlNllWIlM'!He NllA'IH"'''' FI!I' ClfM IOU1It llO.441'EEl' 01 'IlII1IlIml1Wl ffl ClFmc:r " ~ QUMTIlI, AIlI:l:.1fP'lIG 'IV 1M AMItallI'lAT SECIlCIH l2, lllWIIII 4S 5CUTIl, IWlGEG~, MIllY" LVMAH. IT, AT., llfCllIIllEV 1M PlAT 1IOOll', fME ~ I'UIlLIC AICIlllOII 01' PALM IleAOI CIClUN'fY. R.ORIllA. PAACII.ll 'lHllOlIIllllSA11'11l' OIF 11ft! ICllml HAll (II \\l CI' 'IIiI wm' IWIlW "'t:'IIiI WESt' IWI CW "'I Cll'lHE IIClImtfAS1' QlIMItI. IN' 11I1 onMl! tu...lWI!S1' IlIlAlmIl ~I Cll' sa:noN n. ~ 45 sauIlf. lNllllloQ rAft'1 tIIINlI uo IlNllWIl M'T16 iOUllf U,f7.... Cll'THl! IlClITH lWl'llI2lCl''IUCl'S, NOIITIIWES1'QUM1'IRtII4~ ~T01HI NEllDID P\AT IICItllN ,), 'I'ClWIIlIlIP 45saunt. RMGtGa NARY A. LYMAN. IT AT. ~aIl) IN PlAT IIClClK t, PAGE ~ I'UIUl: ~ OI'PAlM 0lUNlV. fl.lllIIDA, PAIIla a, 1M! NQIl1)IW.o FaT 0IF'lIill1OlllM'" IUI' Of' 'IUCl' J. NQl\Th..I,l.. ClUARIa fH'I 14) 01' RCI'IQN n. 'I1lWNSHIP 45 saunt. RMilI1Z IMflIllilNli AUO IlNllWIlM 'IItt IlClITH III .. ,., 0I11i1! SOUTH IfALI' llnl tlW:1' J,IoufmMIST ~11l4),. --TOM A1lBJIltO P1ATIII:TlllII U. row_ 4lItalml, IWMG W'I', _ A. L.... rr. AT~ IIIlDUlEDtN IUTlIlCU. PAGe'4 ClI'M I'UIlLICIll!COllll5 OIF~ WACH CCU'l'Y,1\llIQllA JNI) RlNI'l MClfI! l'MI1ClUlILy DUtlIIIIIl A5 M! IIlllmI WoO I'm' QI' 'lI111Dl/T1i ....""Gf". WIlSI' HAll' (W ~ ClI''M WEST HAll lW 10\1 Of THE NllIlIleA5T QlWl1IA" 10\) 01' '1llli ~ QlIAR11R (NW Uol Of GJ:T1aH 12. 'IOWIISIW' 45 SlllltH, RANGf 42 EAST, PoIUI lEACH CXllJN1Y, fIDRlCL Page 6 of7 JI..119 '05 11 :35 FROM: T-136 P.09/09 F-540 FUND COMMITMENT Commitment No.: Fund File Number 06-2004-10634 Parcel 3 TheW,,",I54.J2fOOl(llj "'IlilnfroJAl\I<W""imoofl..o(3)<>fllle One.n.lf (101 11;1) On.Ol 3; EXCEPT: O.1HOOIIllo:rOO1. Dr 1lIe l'I""h_ 0fe00"""'" ll'lW '1'4) of lIoo01IaA 12. 0' a..... 42 ...... l1lI1G114cd pOll Dr l:lC:<LiGc> 12. ...ordill, ID 1110 I' liIo 1 - Of Ill. Clei\; "flheCiTCuIICo1ll1i1>_f..Pa1 1QI\}.~lWlfdedlft.1 1'lIllJl 74;UlSS: The kcWonl\PlDinoaoDblrioll..'...IL-I....... ' . 5)3 oflhlr1'ublic iUcoIdt of,.ll., lkac:h COllI\IY lInd IIle rI1lJlI-oI'.WIl)' or ~II'" flomI7rYI (llypolllXO 1lm4)' Page 7 of7 ... 1 in. = 197.1 feet 3040 0013 (~'\) . l_ / ,/ .. HYPOLUXO RD ---_.~~ 0040 0060 0070 0010 0020 __I r ! I 0010' -t- . -- - ! Parcels owned by Lori 0020 3010 -~I-- 0011 Podray Parcels - Part of Nicola PUD ... 1 in, = 295.7 feet I \ OztiO 00280",0210 , i, --......-.--.....1' ! ! I !~lJ~-~J ".. 'l OOOOqoJ---~2)o. .,' , . 0:<.10 ",- POSEJDQ.It..EL. l0210 1"'00 i ",00 r:~~r",=[~1 I , I'!, L.L_.JL' HYPO. LJXO Rn ,~" .- --r" ~ i I ""'" I I lIUlU ,I 0016 I I i ,- ___ L i\ i I I I\S[: --..J I I I I I _~ I /--1--- , ' 1210 / ,I i 0011 Oll13 i I m _-------I -r--'T I ! I I I! ""'" r I 1___,,,J i i 00111 _I I- I ""'" I , "---.--_.1 ,"ro TI--- -- n__ I I ! I ,J I J ""'" -r-::::~ ""'" 0011 · f:-T~"," 'I' ! r--~ I , i -"'- /- i "ro I I I ___ I ------..-____..J___.~_ ""' ""'" ""'" Site Location Map 0010 r-~--- , i I 2 RESOLUTION NO. ROS- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING THE MAYOR TO 6 EXECUTE AN AGREEMENT FOR WATER SERVICE 7 OUTSIDE THE CITY LIMITS AND COVENANT FOR 8 ANNEXATION BETWEEN THE CITY OF BOYNTON 9 BEACH AND EPARCHY OF PASSAIC AS CUSTOMER 10 AND THE HYPOLUXO HOMES LLC, AS CONTRACT 11 VENDEE; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the subject property is located outside of the City Limits, but within our 15 water and sewer service area, for the 45.265 acres parcel located on the west side of Military 16 Trail and south ofHypoluxo Road; and 17 WHEREAS, the parcel covered by this agreement is currently not developed, but is 18 proposed to accommodate 177 single family residences; and 19 WHEREAS, water and sewer main extensions must be constructed by the developer 20 to serve this new P.U.D. Those lines will be extended westward along the south side of 21 Hypoluxo Road from the CUrrent terminus of the utility system at developer expense to serve 22 this project; and 23 WHEREAS, City policy requires annexation of the property to be serviced at the 24 earliest practicable time, as a condition of the granting of water services outside its 25 'urisdictionallimits; and 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The Mayor is hereby authorized and directed to execute a Water S:\CA\RESO\Agreements\Water Service\Eparchy (Hypoluxo Homes) Water Service Agr-.doc Service Agreement between the City of Boynton Beach, Florida and Eparchy of Passaic as 2 Customer and Hypoluxo Homes LLC, as Contract Vendee, said Agreement being attached 3 hereto as Exhibit nAn. 4 Section 3. This Resolution shall become effective immediately upon passage. S PASSED AND ADOPTED this _ day of February, 2005. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 11ayor II 12 13 Vice 11ayor 14 IS 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 24 25 26 City Clerk 27 28 29 30 S:\CA\RESO\Agreements\Water Service\Eparchy (Hypoluxo Homes) Water Service Agr-.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this _ day of January, 2005, by and between Eparchyof Passaic hereinafter called the "Customer", and HYPOLUXO HOMES LLC, hereinafter called "Contract Vendee" 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, in order for the Contract Vendee to obtain zoning approval for commercial development from the Palm Beach County Board of County Commissioners, the property owner must be able to access water services; and WHEREAS, the Contract Vendee only requires water service if it purchases the subject property from Customer; and WHEREAS, all parties recognize that this agreement is valid only upon the occurrence of the Contract Vendee, HYPOLUXO HOMES LLC, purchasing the property from Customer, at which time the Customer will voluntary annex into the City of Boynton Beach; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are /'17 Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer, or if the said real property has been transferred, the transferee, will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer, or if the said real property has been transferred, the transferee, will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of.way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described 2 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 transferees, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer, or if the said real property has been transferred, the transferee, hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. Customer hereby acknowledges that it has currently entered into a contract with HYPOLUXO HOMES LLC for the sale of Property conditioned upon the Contract Vendee obtaining approval from the Palm Beach County Board of Commissioners and/or other municipal agencies' zoning approval for development of the Property and other conditions. 14. This agreement shall not be effective until and unless the Customer transfers legal fee title to the Property to HYPOLUXO HOMES LLC or its successors or assigns in accordance with the terms of the contract referred to in paragraph 13 mentioned above. Furthermore, no documents, including this agreement, shall be recorded unless title to the Property is so conveyed to HYPOLUXO HOMES LLC or to its successors or assigns. Upon such transfer of title, this agreement shall be in full force and effect and all obligations hereunder on the part of the Customer shall be automatically transferred and assumed by the grantee named in the deed from the Customer conveying title to the Property as aforesaid, whereupon Eparchy of Passaic, their heirs and assigns, shall be deemed released from any further liability or obligation hereunder. 15. Notwithstanding any other term or provision in this Agreement, this Agreement will be null and void, if the Contract Vendee has not acquired the property by /J L!~,/ 3,; , 200~~ , 3 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of , 200_. ~/~ CUSTOMER AS OWNER(S): Witness Signatu re -I-Si;e ~?~ The Most Reverend Bishop Andrew Pataki J.C.L., D.O. .??:~ IrlJEVrlYf Printe Witness Name 1 vdf,j:~ . ltness Signature /(mX t2arkcA,- ~rintflitness Name ~;1~. Witness Signature ~~<~~ Secretary Signature _. . f/{iiUJ.UiCl /11. l(J/.41 J'0;Il.. "printed Name /tC/}A/G ~_~ Wi ness Signature 4/1731 {J/,,";J-6JcA.. . Printed Witness Name (CORPORATE NOTARIZATION) FOR CORPORATE NOTARIZATION: STATE OF NEW JERSEY) ) ss: COUNTY OF PASSAIC) 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 Auf/f.eW /~ -""'"" W31-<JucA #- tl.4..J4)dc.W to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: iJ/4~ L(Cei)...d"i! . 4 WITNESS my hand and official seal in the County and State last aforesaid this /ti:ft day of );YlAUM .'<-U , 200S / I (Notary Seal) ~ a k..f~ Notary P~~A FALSETTA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MARCH 31. 2007 WITNESS: . CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ,Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of , 200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: 5 City Attorney ;1 ,I>' CT VENDEE: Charles Scardina, Mgmr Rkd ,1.JII'S~ Printed Witness Name (CORPORATE NOTARIZATION) FOR CORPORATE 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 Charles Scardina 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 personallv known to me or provided the following proof of identification: ------ WITNESS my ~d and official seal in t~County and State last aforesaid this ICJ<U- day of qJLf\urLrl ' 200~ (No',,,, $eol) C(u.c-~ d-~ Notary Public . ,..... Lucinda L May !.J..... My ConvnIIIlon 00101989 ,\"1',/ Expires March 21, 2006 6 --- JAN Ie '05 I I :42 FROM: ~Bn 06 ~uu~ a;U~nl'l ...... ..... - - . T-IeT P.02/04 F-542 Attorney.' Title Insurance Fund, Inc. COMMITMENT FORM Scbedule A Commitment No,: CF. \164605 Effo,cti1lc Dale: December IS, 2004 @ II ;00 PM Agent's Fllc Reference: 9+6 The eaveraills provllUCl by fhe CID.IIII Prllteet1DIt Letter printed CIII the Inllde eover of tbla eomrnlllllellf are llXtende4 to tbe proPOled \llllIred(a) telepur.... below. I. PoliCY or Policies t.o be ls&uCli: Proposed Amo\Jllt ot Illsunu1ce: S7,500,Ei43.00 OWNER'S; ALTA Owner'. Policy 00/11/92). (IfotbOl'. SJlCCit'y.) Proposed In~urcd: Hypoluxo Homes, LLC, a Florida LI1l1ited LiabiUt}' Company MORTGAOllB: ALTA Loan PDlicy (10/17/92). (If other. specify.) Proposed Insured: IS 2. The ..tall> or interest ill the I4nd de.cribed or tefomKllO in this commitment ii a fee simple (if othor, specify same) and title thereto is at the etrllOtive date hereofve.ted in: Eparchy ofpaualo. a ""II profit New Jcney corporation 3. The land referred to in thill conunianollt i. described as follow", Parcel 1 The Bast 1/2 of the Northwest 1/4 of llIe Norlhweot1/4 of Section 12, ToWtlShip 45 South. Range 42 East, Palm ll...ch County, P\Qrida. LOSS Right of Way ill (boder of Taldnllln Q.a, Book 6798, Pase 1051 and Quit Claim Deed in D.ll.. Book 7511, Paae 1952. Public Recmdl oiPalm Beach Count)'. PJ..rido. Paroel 2 All of TnclS 12 IIDd 13. of Amanded Plat oilbe Mary A. LYlllO''''t al. Subdivi.olDtl ..t Se.etion 12, 'rOWIUlh!p 4S South, RaIl. 42 Bast, according to the _p or plat thereof as recorded in Plat Bl>ok 9, Pale 14. Public Rocorcloll of Paint Beach COWlt}', FIQlida, being a ponicm of East 1/2 ot'tbe Nor1hweat 1/4 and Southwest 114 onhe Northwest 114 of Section 12, T(>wnship 45 South. Range 42 Bast, Palm BelICh County, Florida. Agent No.: 1994 lasuln& Ac....t: J.l'ATRlCK FITZGEULD. P.A. 110 Merrlek Way Sulte 3.B Coral Gables. FL 33134 ~ c= -...::;:----~ Agent's Signature Suzanne A. Dockerty Attorney at Law ForPl CF-SCH, A t,ev. 8l9~) OaubleT1mwlil €'PlltJc,I/'1 of ~UA'" / t. I I II 5h,t,f IJ I THIS INSTRUMENT PREPAREC BV; ..mea. A. Ch.rof, Eaqulte Josi8$ & Geren, P.A. 30DQ E.5t Commereial Blvd. Sl.liw200 Ft, lauderdale, Fl 333D8 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporations) STATE OF New Jersey COUNTY OF Passaic I/We, Eparchy of Passaic, hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the day of 20_ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of , in the year two thousand and 2'd EISS-Ei>i>-50E bid' a-'l:Hf3~Zl I -=I >lJ I ~'l.-~-~r'- Wd2i>'E 5002 81 ue, II r~/~d in the presence of Witness Signature ~~ pi ~tyM Printed Witness N~e '//? J ti~ id ~.sc/~ Imess Signature /;1/11 /.. {b//c7&SC/;r Printed W~ness Name Si+U~~ ~~ The Moat Reverend Bishop Andrew Patak; J.C.L., D.O. /1iJ4;;J ~ Witness Signature .71 cf2<<!s y1 d? 07>1 Printed Witness Name :t. Secretary! Vice President's Signature .... X;'/ . /. ~///? (jt.}.&:USd4. c.-"/Wi ess Signature /}!//ll tbohi?so::;( Printed Wilness Name 1/&..0 tV(0f # tW ;V.(}SM-- Printed Secretaryl Vice President's Name .1z?J,ur;;; )l7,f~ STATE OF New Jersey ) ) ss: COUNTY OF Passaic ) THE FOREGOING !NSTRUMENT was acknowledged before me this ~ay of;::i}W , 20~, by The Most Reverend Bishop Andrew Patakl who is known to me or who have produced .1I1A. tbS L.-{~ , as identification and who did/did not take an oath. ..{{),.,..-n"rui../ :;z: .P/J~:LId NOTARY PUBLIC bOAJI\Jf1 FA LSETT71 Type or Print Name Commission No. My Commission Expires: POA.IND DONNA FALSETTA NOTARY PUBlIC OF NEW JERSEY MY COMMISSION EXPIRES MARCH 3t. 2007 E'd EI99-Et.t.-SOE ljd' a'l~~.3n.lJ:;j- >t:J iiiJ.(,Jd~~ .-Ioid""t.: E soo" B I U"[" JAN 19 '05 11:42 FROM: ~an as ~uu~ =iu~nl-I T-137 P02/04 F-542 Attorneys' Title Insurance Fund, Inc. COMMITMENT FORM Scbedule A Commitment No,; Cp.116460S lUfective Date: Decelnblll' IS, 2004 @ 11 ;00 PM Asenes File Reference: 9-4-6 The ~verll.1 prO'>'l4ed by the Clo.lIIg Prolecdoll LettAlr printed all the 1.llde COVill' of tbls eommlllnel1t arc exteud.cI to the propo.ed lIIIlU'ecl.(I) ldaDlmed below. 1. Policy or Policies to be issued: proposed Nnaunt or lIuIur'a\1Ce: OWNER'S: ALTA 0w1I.....'. Policy ClO/11192). (lfolbor. specify.) $7.500,643.00 Praposed ln~urcd: Hypoluxo HamCll, LLC, a Florida Lhnite<l Liability Company MORTGAGBB: ALTALoaaPalicl' (10/17/92), (Uolher. ~pecllY.) $ Proposed hlsured: 2. The ..I..1Il or inlCreat ill the J.rid deacribed 01' refemsd 10 in this colDlllitment i. a fee sinlple (if other, specify same) and titl. thereto is at tb. .ffective date hereof vested in: Eparchy ofpustio, a non protit New J......l' cOlPOr~iol1 3. The land referred Ix> in Ibia conunitmOlU is described lIS followo: Pate.1 1 The East 1/2 of the Northwest 1/4 of the Notthweal 1/4 of Section 12, ToW1l8hip 45 Soulb. Range 42 East, Palm ll..."h COIlnty, Plarida. Ulii Righi of WAY ill Order of Taking In o.a. Book 6798, Page 1051 and Quit Claim Deed in O.R. Book 7511. Pase 1952. Public Recardll of Palm 'BellOh County, Florida. Pare"l 2 All ofTnclll12 and 13, of Amended Plat oftbeMary A. LY1uon 101..1, Subdivi.sion of Section 12, Towpahip 45 South, Range 42 Bast, aceordins TO the Imp or plat th.reof as rocorded in Plat Btlok \I, Paa.. 14, Public Recorda ofPahn Beach County. Florida. beitlg a portion l)f B"t 1/2 oflbe Nor1hwet11l4 and Southwest 114 ofth" NorthwesI1I4 of Seetion 12. Township 45 South. Range 42 HilS!, Palm Beach C(lUtlty, Florida. Agent No.: 7994 loauinS At""t: J. l"ATRlCl(. FITZGJi:P.4LD. P.A. 110 Merrick Way Suite 3.B Coral Gablel, FL 33134 ,- ~ ~_.-~ AsCZlt'S Signature Suzann" A. Doekerty Attorney at Law ForM CF.SCH, A (rev. B/9S) O..ublaTlmIl4il II JAN 19 '05 11:42 FROM: .]..M oS 2005 ~:U~Mn oJ. I ."'......_n 0 ~-- T-Il7 P.Ol/04 F-542 Attorneys' Title Insurance Fund, Inc. COMMITMENT FORM Schedule B.I Conunitment No.: CF.1l6460~ Agent's File Reference: 94-6 I. The follOWing ale the requirem""b to be oompUed with: I. payment of1bc full eoIlolOideratloD to. or for II'" ...:coun. of. the grantol'll or mortgllllon. 2. lnslNment. oreatiDg the esta1il: Dr intcrellt to b.. insured which must be exeouted, delivered and filed for record: A. Warranty Deed from Bparchy of Pas..,c, a non pt<ltil New Jer,",y ~.licm, to lhe propDocd iosured purchuer(s). 3. A determination must be II1IIde that there a11l no Ullreeordcd '\'C'lial BlI8Cl118mc:nt liens or wuecotdellliells .rising by viltUC of ordinlUt_. ~r..o,ded lISt- a. to iJnpaot or olber development fees, unpaid Waite f_ payable l<l the county or municipality. or uppald llCIViee charges IlI1der Chapter 159, F.S., or county ordinance. 4. SatW'actol}l evidence rPl/.st be twnished _bliahins that Bpanmy of Pasaaic i. . c<ll'Paration duly oraanized, val idly existing, lIIld in good standing UDder the 14wa o{New Jersey <at date of purchUe and at the pmlllt time, or II date of pUlChase and al date at aale). If thoro ill no Sove_o'at agenoy in oharge of corporale reoords from wbich a ecrtUioate of good standiPa can be obtllined. th.m1 aD atlQmey or notary public in Ibe lIale or counlty ot origln, who has llX8mioed the appropriate corporate fecords. Can provide the certificate. S. Satisfactory evidence mUll! be furnished establishing that the IUbjGCt property llo.. lIot constitute aU or substantially ILII of the assets of Bparcl1y of ?tasa.lo. It It do.... oatilIll>c>1ory evk\....,. mu.' be provided complying with Sec. 607.1201 ot 607.1202, F.S., or similar statutelBt the p\llce oCori.in oflbe corpoJation. 6. Verified copy of bylaw I must br: checked for any provisions lIlI to the powers of Iho dir..1ot9 and ofli<ors and aUlI procedur-e relatinll to !:he .al.. of the proplOrty. 7. 'Rllsolution rr<>m the governing board llOllSistent with the bylaws autborizinlllho slle and apecittlng the o~ who are to mako that conveyU1Ce to be atlaObed to the deed ftom the eorporato grantot. 8. App'''vw frommcmbcrahip if the sl\le eollStitutllS all or subswmally all of the ....ta oftb. corpol'll'" grantor. 9. Proof of AcCO&l Over tho Lake Worth Drainalle Distrio' Canal 1.-18 10. Sallst1l<:lol}l evidcn~c 12m,' be l\u'oi.....d ...tablishine: that Hypoluxo HOl1\Cla, LLC is a COrpDration duly orpnized. validlyexistine, lllld in good standing und.... the lawa ofFlorid.a (at dale ofpurchaaa and al the p1'eaenl tmoe. or ar "ate Dfpllr<>h..... and.., datAl of oal.). Iftbere is no govOl'llDlClltal agency ill charge of corporate records from which a certificate of good IltlUlding can be obtained, then lIII atlQrney or notary public In the state Dr """"try or o,illin. wbo haa examined the appropriate corporate records. can provide the certificate. II. Note: 2004 real estate taxes arc paid all follows: Folio 0042-45-12-03-013-0000 5672.74; Folio QO..42-4S-I2-00. 000-3010 54,8~2."; 1U141'oUD OO""2--4S-L2-0~-012.0000 $S.191.l1 FQn" C.$CH, B~J (rov, 5/94)) DoubleT1m"" I~ JAN 19 '05 11 :42 FROM: :Jan' 06_~..t:J;u.;:lnn ~. .....:......-. T-IlT P,04/04 F-542 Attorneys' Title Insurance Fund, Inc. COMMITMENT FORM Schedule B~n Conunitlnenl No,: CF-1164605 Agent'a File Raf_nce: 94-6 U. Schedlllo B of Ibe polioy or pollcle~ I<l be isaued will contain exceptions to \he followiag rnatlllrs IJnleSll Ibe same are disposed of to tho s8tisfllClion of Tho undAorwritar: I. Defects, liens, etlClll'llb.....ces. sdverso ollliJn& or 011101' lI1Iltors, if any, O\'eatod, fll1lt appcerin; in tM public records I)I' attaching .ubseqU<mt to 11>0 efrcoti... 4ate 1t8reof but prior to the dlIlI!l the proposod Insured acquires for vsluo of record the elilale or il\1llrClll or mortaalle \hereon co..ered by this commitment. 2. AnY ownor aDd mortllAllCO policies ilI1118a puuumt hereto will contain undor Scbedllle 9 Ibo standard exceptions set fOM 81 tluo inside c<lver hereof lUll.... all affJda..it of posaelllion and a salhfllCtoty cunene sutYe)' IlJ'O sublOitllld, an inspe<:tion of the premlses is mac1e. It 15 dcrtennined Ibe _IU yeaTs texes ot lIpeoial aBlessments have beeo paid, and it i. demmW.ed there is l10lbIns of record which would Give rise to construction lima which could tUo:; priority over lb. in_tel) inSured he~cr (whare tlle liena ""auld otherwise lake priority, aubmi...ioo of waivers is neceslary). 3. Ally owoor polic;y iasWld p1.ll'llUW boreto w111 ClOl1uoio ~cler SeJudWe B Ibo following cxocption: Any eJdlIers" ownenhip claim by the State of Florida by rlgh' of ,owl'8ign/,)' 10 tzIl)' portion of the f(urds ilInI..ed hcrlllUlder, incl~dlng submerged, filled and Q11i/i&lally expot,d fanlh, and 1<Wh IICC/'VlreQ to .",,/1 lands. 4. Tb~ Ii.... of all II."". for the )-ear 2004 and thereafter', whic;h 11I'0 not yet due and payable. 5. Rights of Way in favor of the LaU Worth DrainaSO District recorded in Deed 9001< 712. l',,&c 46Z. Public l'l.."".ds of PI 1m Beacb CO\Ulty, Florida. (P.....l I) 6. Bu<ltnent to Florida Power an<l Light company _.,dad '" O.)l. Qaok 645. Page 312, Public Reconk of Palm Boach County, Florida (1'III'Cell) 7. Rights in favor oflbc Lake Worth DniiDaae Distr\Qt ill O.R.. BoOk t732, Pall" 612, PIlblic Records of Palm Beach CoW>t)', Florid... (Parcels t lUld 2) 8, Nihts of the Lab Worth Dra'D8Sc District to Chancery No. 401 u reflected In O.R.. Bgok ~9S. paae 76l, Public Records of Palm BellCb Co""lY. Florida. (PIUCC!$ IlIIld 2) 9. &semen! in fa..or of Lake wottb Drain.aac District, OOIIll>ined ill inatrUlll8nt recorded December I, \980, wa.R. Book: 34 t 6, pago 560, l'\Ibl1c llOcotdo af Palm Boaoh COllDty, Florida. 10, Rights of Way in favor of Lake Worth Drllinll8e District recorded in Deed Book 925, Page 235, Public Records of Palm B....,b County, Florida. (Tf1IOt 12) 11. Subject l(l R.osd !l.lshlO ef Way o\l.r lhe South IS foct of Tract 13 and uquircd Droinage Right of Way over !he Soulb 24_0' feet of Tract 13 in O.R.. !:look 3126, P,,&e 1462, Public l\ecol:da or PlIlIn Beach COllnty, Florida. 12. R~~trictioo.s. conditions, roscrvllllons, 0"0_",", ADd ..tiler rnattcn; contoilled ot> the Plat of Alnended Plat of Section 12, Tcwnahip 45 Sollth. RanS" 42 Bast Mary A. Lyman, at aI. as rocordc4 in Pllt aoak 9. 1'ag. 74, PIlbli. Records ofl'atrn B...c;h County. Plerida. I,. Tel'lllll, covenanlll, oondilOllB, and other malten _rained in any unre<>ord8d 1_(') end all rights thereunder/I_OC(I) lIIld of any per~1 clailning by, througb or under Ibe Jessca(s). Porm C.$CH. B-lI (n'r. $/94) CIJuDloTlmd WI by ~parcht.. ~PaS~-aic --.-......, ..'" I 0030 I' ! I - ^~____J I I I ! i , I I ' ! i i I ~.,~-~..,..._-,.._.____L".__,..__.__ .+, 1 in. ~ 295.7 feet 010280\0270 "'00 ";, : PQ.~...f.lDQt!.eL--T~ . 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CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST II . 'I I I 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) . . haw gf,----'. ...- - ~t... .....- ~ .1It 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 Commission Meeting Dates D December 7 2004 December 21 2004 Janua 4 2005 Janua 18 2005 D Februa 1 2005 ~ Februa 15 2005 March 1 2005 March 15, 2005 Deadline for Submittal to City P &. D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. . Exhibit "A' Department Head's initials: ~ I-- tll.c. Please do not write in the shaded area below. Legal Department signature D ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing D Incomplete submittal D Missed deadline D other D Reason: City Manager's signature D Person contacted to pick up rejected request on by bg - 7/19/02 C:\mazzellauserdata\wordata\JanFebOS\Agenda Item Cover Sheet Checklist Dec 7 - March IS, 200S.doc (Date) 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 0 December 7, 2004 November IS, 2004 (Noon.) 0 February 1,2005 January 17,2005 (Noon) 0 December 21, 2004 December 6, 2004 (Noon) ~ February 15,2005 January 31, 2005 (Noon) 0 January 4,2005 December 20,2004 (Noon) 0 March 1,2005 February 14,2005 (Noon) 0 January 18,2005 January 3, 2005 (Noon) 0 March 15.2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Maoager's Report RECOMMENDATION: Motion to approve and authorize signing of Agreements for Water Service Outside the City Limits with Lori Podray as Customer and HypoIuxo Homes LLC as Contract Vendee; and with the Eparchy of Passaic as Customer and Hypoluxo Homes LLC as Contract Vendee, for the proposed project known as Nicola P.U.D.located west of Military Trail and south of Hypoluxo Road. EXPLANATION: The parcels covered by these agreements consist of 53.685 acres of land proposed for singe family residential usage. The anticipated demand for 177 equivalent residential connections will be approximately 80,000 gallons per day of potable water based upon the City's adopted level of service of 200 gallons per capita per day (gpcd) and a per unit occupancy of 2.26, and 36,000 gallons per day of wastewater based upon 90 gpcd. PROGRAM IMPACT: Water and Sewer main extensions must be constructed by the developer to serve this new P.U.D.. It is anticipated those lines will be extended westward along the south side of Hypoluxo Road from the current terminus of the utility system. A new sewer pumping station will also be required. Provisions will be incorporated into the system design to allow looping of water mains, and also to allow future service line extensions to adjacent properties. FISCAL IMPACT: None. The developers will be required to construct all improvements needed to serve the P.U.D. at their expense. S,IBULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: None. This parcel is within the Utilities service area. &p~;(~ ~- A~ Department Head's Signature City Manager's Signature Utilities Department Name City Attorney I Finance / Human Resources XC: Peter Mazzella Michael Rumpf, Planning & Zoning City Attorney File S,\BULLETINIFORMSIAGENDA ITEM REQUEST FORM,DQC AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this _ day of January, 2005, by and between Eparchy of Passaic hereinafter called the "Customer", and HYPOLUXO HOMES LLC, hereinafter called "Contract Vendee" 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, in order for the Contract Vendee to obtain zoning approval for commercial development from the Palm Beach County Board of County Commissioners, the property owner must be able to access water services; and WHEREAS, the Contract Vendee only requires water service if it purchases the subject property from Customer; and WHEREAS, all parties recognize that this agreement is valid only upon the occurrence of the Contract Vendee, HYPOLUXO HOMES LLC, purchasing the property from Customer, at which time the Customer will voluntary annex into the City of Boynton Beach; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are !..:t.Z Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer, or if the said real property has been transferred, the transferee, will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer, or if the said real property has been transferred, the transferee, will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described 2 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 transferees, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer, or if the said real property has been transferred, the transferee, hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. Customer hereby acknowledges that it has currently entered into a contract with HYPOLUXO HOMES LLC for the sale of Property conditioned upon the Contract Vendee obtaining approval from the Palm Beach County Board of Commissioners and/or other municipal agencies' zoning approval for development of the Property and other conditions. 14. This agreement shall not be effective until and unless the Customer transfers legal fee title to the Property to HYPOLUXO HOMES LLC or its successors or assigns in accordance with the terms of the contract referred to in paragraph 13 mentioned above. Furthermore, no documents, including this agreement, shall be recorded unless title to the Property is so conveyed to HYPOLUXO HOMES LLC or to its successors or assigns. Upon such transfer of title, this agreement shall be in full force and effect and all obligations hereunder on the part of the Customer shall be automatically transferred and assumed by the grantee named in the deed from the Customer conveying title to the Property as aforesaid, whereupon Eparchy of Passaic, their heirs and assigns, shall be deemed released from any further liability or obligation hereunder. 15. Notwithstanding any other term or provision in this Agreement, this Agreement will be nul' and void, if the Contract Vendee has not acquired the property by /J /lv, I 5,) , 200~-:- , 3 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of , 200_. W~;J~ Witness Signature i(}tll~ ' Itness Signature /{m;{ 12adJc/l' Printed itness Name ~~re~ 'ri~ p lJl? VL1vt Printe Witness Name , I. XlfzdC:~' Wi ness Signature 4hn,X Lbr--l1'rtfJ'CA.' Printed Witness Name (CORPORATE NOTARIZATION) FOR CORPORATE NOTARIZATION: ST A TE OF NEW JERSEY) ) ss: COUNTY OF PASSAIC) CUSTOMER AS OWNER(S): -I-Si;e, ~?~ The Most Reverend Bishop Andrew Pataki J.C.L., D.O. ~~~~ Secretary Signature (/[iWMGf /11- 1(J1.41.r~ .J'rinted Na~ /tCiJAlG- ,)~~ I HEREBY CERTI FY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Aud.4&.J t"~, .~ ~(" ,t/- tl.1'..l4!JJ"LW to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: j)4-<~ ~(Cev---ft! . 4 WITNESS my hand and official seal in the County and State last aforesaid this J.l.-q, day of ?/lAuJ/1 h./.1 , 200S / / (Notary Seal) ~a Uae.::dq Notary PLf:R)~A FALSETTA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MARCH 31, 2007 WITNESS: . CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ,Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of , 200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: 5 City Attorney CT VENDEE: Charles Scardina, Mgmr ~he1 ,1.J,^s~ Printed Witness Name (CORPORATE NOTARIZATION) FOR CORPORATE NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTI FY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Charles Scardina 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 inqividual was Rersonallv known to me or provided the following proof of identification: ---- WITNESS my ~d and official seal in t~County and State last aforesaid this I~ day of Q1l.Y\urJ...r, , 200~ (NotaoyS"I) cX<'L~ c+~ Notary Public ,..,..... Lucinda L May !'~,,: MyCommlulon 00101989 '\"'../ ExpI.... March 21, 2006 6 ---- JAN 18 '05 11:42 FROM: .)an 05 i:::uu:J ;riU..:If"!.I.:..!.. --.. .....-. T-1!7 P,02/04 F-542 Attorneys' Title Insuranee Fund, Inc. COMMITMENT FORM Schedule A Commilment No,: CF-1164ti05 'BH""thre Date: December lS, 2004 @ 11 :00 PM Agent's Fite Reference; 9+6 The coverages provlcUd by lbe Clo'lII~ I'rlllecl1ob Letter Drlnted QII the IDslde cover of tbls ~mmll\llellt arc extende4 to Ihe proPQ'ed IIullred(.) ldelltlf".-d belllw. L Policy or Policies t;l be issued: I'ropClSCd Amount of !Qsuraoc..: $7.500,643.00 OWNER'S: ALTA Owll.or's Policy (10/l7/92). (If other. specify,) Proposed In~lID:d: HypDluxo Homes. LLC, a Florida Lhnited LlablUty Company MORTOAOF..B: AL T A Loll1t Policy (10/17192), (If other. ~pecltY.) Proposed Insured: $ 2, The e.lale or interest ill the I4nd deacribcd or tefolTlld 10 in this colnl1litmenl is a fee sln:lple (if other, specify same) II1td t\1le1hcreto is at Ihe effllCtivc date hereafn.ted in: Eparchy ofPassLio. a nall profil NolIw JOPley corporeUall 3. The land referred to in !bill com:ll1llmOlll Is described as foIlDw~: Parcel I The East 1/2 af the Northwest \14 af lIIe Nortnweal1/4 of Section 12, TOWllShip 45 South. Range 42 East, Palm :e""o;h C<>Ullty, Plorida. LniS RighI of W.y ill o.-der of Tal<ing in O.R. :Book 6798, Paso 1051 and Quit Claim Deed In O.ll., :Book 7511. Paac 1952. Public RecOTda of Palm Be.ch COWl!)'. P!corlda, Parcel 2 All of Tncl& 12 ud 13. at Amended Plat of the Mal}' A, L)'1nan eI ..I, !luhellvlslon of Section 12. Tawll8hip 4S South, Rallgo 42 EIlSt, according to the 1mp or ptat thCll'eof IS I'ClCOrdod in Plat &ok 9, Paao 74, Public Recorda ofPabn Beach County, FIDrida, bcitlg I ponlon of But 1/2 ottbe Northwest 1/4 and SouthWOlt 114 oflbe Northwestlf4 of Seotion12. Township4! South. Range 42 BIISI, Palm BelU>h County, F\arida. Agent No.: 1994 loauinl5 Agent: J. PATalCI' FITWER4LD. P.A. 110 Merrick Way Suite 3.B Coral Gables. FL 33134 ~ c:- ~-'-"') Agent's Signatul"ll Suzanne A. Doobrly Attorney at Law Fa,.", Cl'-SCH. A (rev, 8/98) O..ublaT1mwll> E"Plltlclly .,.p /J.UA'" L I. ,I II f;".. .L..f. IJ III THIS INSTRUMENT PREPARED BY; Jamea.A Cherot !:$quire Jo$is$ & Goren, P.A. 30liJD !last CQmmen:::ia1 Blvd. Suite 200 Ft. Lal..lderdale, FL 333CN1 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporations) STATE OF New Jersey COUNTY OF Passaic I/We, Eparchy of Passaic. hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH. FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accompliSh annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attomey, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the day of 20_ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of , in the year two thousand and ~.,.J C"Tnn .....L.L.. .-nt"" It 1 'n-lI''\.',n.., IT ..j ........T...' I U I ---.----._--_.....,.~ " ,............. ..........."... nT Ilg.... II ~~;;;;d in the presence of Witness Signature -m~ ,.::1 ~ 11M prlnt~ Witnes~ Nij'"e / / :d!///7f ulw;;U.,Sd>L . l!ness Signature ;-{n z (b 7'/I6><;.CJ.; I Printed Witness Name Si+U~~ A('"~ The Moat Rev....nd Bishop Andrew Patak; J.C.L., D.O. ~;J~ Witness Signature 7/'~ ~ rtJs:- h7YI Printed Witness Name / /t2~; ;;;{ aW,::t::/JCk- &/Wi el!s Signature ~;/l? L ;$,Ci?-&5Ch(. Printed Witness Name If 61..e M0f ;I(~ tf/; "VlJ.r M-- Printed Secretaryl Vice President's Name k-~g~ )l:?.L~ STATE OF New Jersey ) ) ss: COUNTY OF Passaic ) THE FOREG01NG j1'lSTRUMENT was acknowledged before me this ~ay of J><lA/ , 20 Dr, b~ The Most Reverend Bishop Andrew P~takl . wh~ is known to me or who have produced , 4<. ~ 4~ , as Identification and who did/did not take an oath, A'O/-J-n.ru;u :kh~dd NOTARY PUBLIC bOA! !lIft r:A. L 5 t:-T/79 Type or Print Name Commission No. My Commission Expires: POA.IND DONNA FALSETTA NOTARYPU8l1C OF NEW JERSEY MY COMMISSION EXPIRES MARCH 31. 2007 ~...l .. .c__..~~=__._. JAN19 '0511:42 FROM: ".]an 06 i;:UU:) wiU~r"!_I.:.!..,....... .....-_. T-197 P.02/04 F-542 Attorneys' Title Insurance Fund, Inc. COMMITMENT FORM Scbedule A Commitment No.' CF-I16460S Effective Dale: DeceInb$l' 15,2004@ 11:00 PM Agent's File Reference' 9.04-6 Tbe OIIverall"l proV\4ed by lhe C1o.lIIg I'r"tect\OI1 Letter printed 11ft the In.lde OlIver of tbla eommltlDOnt are extended to the p....poted Inslll'lld(s) Idenlif"1td belo",. 1. PolicY or P oUcies tD be issued: I'roposed Amount of IIIs1.ItanOO: OWNER'S: ALTA Owuer'. Policy (10/11/92). (If otb~, specify.) $7.500.643.00 Proposed In~llrcd: Hypoluxo Homes, LLC, a Florida Litnited Liability Company MORTGAGBE: ALTALoanpolicl' (10/11/92), (Ifo1her. ~peCIf)'.) Proposed In&ured: $ 2. The e.talll or interest in 1110 land de;ocribed or memKtlO in this conwitment i. a fee simple (if other, specify 8llllle) and title thereto is at the effoctive date hcreofvested in: Epsrchy ofPa..aio. a non prolil New Jlltlley COlPOralion 3. The land referred lD in lbia conunianont il lkscrihed as follow~: P&I'cell The But 1/2 of the Northwest 1/4 of 1I1e Northwe.1 1/4 of Section 12, Township 45 South. Range 42 EaSt, Palm B....,h COI>nty, P"'rida. LnSS RighI ef Way ill Order of Tak\ns ill O.R. Book 6198, Palle 1051 and Quit Claim Deed in O.ll.. Book 7511, Pase 1952. Public Recardll of Palm Beach County, PI..rid". Parcel 2 All of TnclS 12 IUId 13, of Amended Plat of the MalY A. LY1ullJ1 at ai, Subdivision of Section 12. 'foWllahlp 45 South, lW1ge 42 Bast, according tD the map or plat thereof as recorded in Plat Book \I, paae 14, Publio Recorda ofPahn Beach County, Florida. beiDg a pomcm "fBut 1/2 oithe NorIhwest 1/4 and SouthWCllt 114 of the Northwest 114 of Section 12, Townsbip 45 South. Range 42 Bl\lIt, Palm Beach County, Florida. Agent No.: 19\14 laaulns At""t: J.I'ATlUCK FITZGEP.4LD. P.A. 110 Merrick Way Suite 3.B Coral Gablel. FL 33134 .,.- ~ ---=::--.-~ Agenl's Signature Suzanne A. Docbrty Attorney al Law For". CP-SCH. A (rev. 8/911) Ooubl.l1mwlil EI JAN 19 '05 11:42 FRO~: <.J;iln os 2005 :::I:U;"Mn ..J. 11"'.....-... . ..... Attorneys' Title Insurance Fund. Inc. COMMITMENT FORM Schedule B-1 Commitment No,: CF.l1646O~ T-Iar p.oa/04 F-542 Agent's File Refarence: 94--0 1. The following are the requirements to be comptied with: I. f'aYmeIlt of the tull coD4ideratlcl1 to, or for II.., lIOlCOunl of, the grantors or mortgallCll'll. 2. Instruments creating the _1<: or wlereSt to be insUl"ed which I11UlII ~ executad, delivered and filed for record: A. Warranty Deed jj-em llparchy of PaSSllic, II 11011 prefit New Jersey "","""""lion, to the I'ropo8Cd insured purchuer(s). 3, A determination mUBt be made !hat there I1ll no Ulll"Ocorded speciall88Cl1l8ment liens or unrecorde4 liens arisillg by vinuc of ordinUtIOO" \IIlroeorded asr.- as to ilnplOt or olber development foes. unpaid WlI8le feol8 payable to the county or munioipality, or unpaid 5elViee charlet IlI1c1er Chapter 159, F.S., or county otdlnIUlCG. 4. SatW'actory evidBllce fl>Ilst be tllmished _bl,.hing that Bp....hy of Paswc is H cQrJlorlltion duly orsani~ validly existing, and iP good standin& UDder the lows of New Jersey <at date of purchasc and at the prelIent time, or 1\ dale of plllChase and at date of aalll). If th.... ill no sovo_ntalllfl8ncy il1 charge of co!pome record$ from wbich a certificate of good ~ can be obtaiPod, tlum at! attam"Y or notary public in the .tata or counlry at orll!ll1, who bas llXamine<1 the appropriate corporate records. can provide the: certinc.te. S. Satisfaelory cvi<1el1Ce InWII be fumishCld establishins that the IlUbjll~ property docs not constitute aU or lubstaIUiAlly "ll of the assl>tS of Eparchy of Passuo, If It doeo, o.uaa..to<y evi<lence must be provided complying with Sec. 601.1201 or 607.1202, F.S., or ,imilar statuteaal\he place ohrism of the corporation. 6. Verified copy of bylaw. must be checked fur any provisions III to the pow.", oftbc directors &<ld officers and any pl'Oce,""," relatinll'tD the .ale of tho pr~rty. 7. Rssolution trom the gov..min.g board CQosistent with the bylaws authorizing tho s"le llI<1specltY1118 the of'fwo who "re to make that convcyUlCCl to be attIWhed w1he deed from \he corporate grantor. 8. Approv,.! frommembCfship if the sale constitutes all or substantially all oftbe _l>tS of the corporate llrantor. 9. Proof of Accoss ovor Ibo Lake Worth Pra.iDage Oistri<>l Canal L-Is 10. Satlstll<:lory evi&ncc mu.t be f\lnoj.lMod ...IabUshine thai J-1ypoluxo Homes, LLC is a COrporatiOll duly orl:anizcd, validly coxiatina. and in gOOd standinG undelr the h,ws of Florida (at <tate ofpW'chaae 11I11 althe pros"'" lia:lc, or at "ate ot'plIrch..... IIDd at data of sale). IfthlllC is fie gov_cotal,gone)' in charge of corporate records from which a cortifiCl.le of good 1lI1l11d\n8 OIUl b. obtainc<l, then an utanley or notary public In the stale 0, country or o,illin, who hili examined \he approprlata oorporato recorcls. CIlII provide tho c:cmficato. II. Notc: 2004 r~l estate we. lItO pl'id DO follows: Folio 0().42-4S-12-03-013-0000 5672.74; Folio 00-42-4S-12-00- 000-30 t (I $4,852.55; an4 PoUo OO,,",2-45-12-0~ -0 12.0000 $ 5,191.11 ...' .. Fanll C.SC.H. 8.) 1\'... 5/94)) OollbleTlm"" I~ JAN 19 '05 11:42 FROM: '~an os ~uu~ ~;U~nl.1 --.....--. . .' ~ . .... ~ -.. T-Iar P.04/04 F-542 Attorneys' Title Insurance Fund, Inc. COMMITMENT FORM Schedule B-n Conunitmenl No,: CF-II646QS Agelll'a File Reference: 94-~ U. Schedule B of me pollOY or polleles I<l 100 isalled will oollttin exoeptions to the followillg mallJln unleSll lbe same are diaposed of to tho satisfaction of The Und.l!rwriter: I. Defects, lien., eoo\l1'llbrances, advDl'Sll olllims or o1her It18ltars, if any. created, flnt appe8l'ins ill the public reoords or attaohlng ~ubseqU<lUt to tho effoe>tin elate hereof but prior to the dale the proposed losured aoquires for value of record the ""181C Dr int<<cRt or mortaalle thereon oovered by this comnPtmltllt. 2, AnY owner and mortgasee polloiCll illlued PUtiuant bereto wl1l contain under Schedule B the sl8l1dard oxceptions set forth at tbe inside CQver hereof unl_ an afficlavlt of posse18iDD acd a saDlfactoly current aUI'Vey are submittacl, an lnspeetion of me premises is macle. It Is dGIormiDed lbe _at yoar's taxes or special aase..menlll bave been paid, lllld it ia dotermillcd there is nothlDs of recorcl wbich would give rise to oonslruction liens which could r.Jg: priority over the inllOtllSt(l) iI1llu:rcd he~or (where tllo Ilena would otberwise lake priority. aUbmiSRion of waiven l. nece&ll\l'Y). 3. Any ownor poli~y issued pun<uant hereto will ccnu.m 1Ul00r Scbod...lc B tba following exception: A.ny alive,.." owner:thip claim by Ihe State oj Florldl1 b)l rlghl oj ,overejgPl/}l to I'll)! pomon 01 the IIJ1rd~ j1lSll~ed "ereunder, ind~dlng 'Ubmerged, filled and artificially expo"d lanth. and landI ,."c",led to sue" lands. 4. The lie.. of all _. for the )'081" 2llO4 and theraa.fter, which IUO not yet due and payable. S. Rights of Way in favor oflhe Lake Wann Drainage District recorded in Deed Book 712. Page 46Z. Public ReCQrci$ of Palm Beacb CDIII1!}', I'loridl.. (1'_1 I) 6. Bu<<nont to f'loricla Power and LIg\lt CDlI1pGI1y _oni"" ;11 O.R- Book. 645. Page 312, Public Records of Palm Beach County, Florida (PllI'CCll) 7. Rights in favor of the Lake Worth DraillllllC Di$1rict ill O.fl.. Book 1732, Pag.. 612. Public Recordlo of Palm Beaeh eo....ty. Florid.. (Parcels 1 lUId 2) 8. Rl&hts of the ~ Worth Draiaage District to ClulncetY No. 401u reflected in a.R. Bool< 6495. poso 76L. Public Records of Palm BOlICh Cow!}', :Florida. (Parcels 1 and 2) ~. EasOll1omt in favor of Lake Worth Draiu.o&e District, contained ill instrUment recorded December I. 1980, iI:I Q.R. Book 34 t 6, Page 560, J'ubltc Reccuda <of PAlm B _h COUAty, Florida. la, Rigb1s ofW.y in favor of Lake Wortl1 DraiRlSe District recorded In Deed BODle. 925, Page 235, Public Records of Palm B...,b Q)unty, Floricb!, (Tract 12) 1\. Subject to R.oad :Rlsh'" "fW..yo"..r the South 15 fsetofTrll.Ct 13 llll4 rlll[Uired Drainage RightofW.y over Ibo Soutll24Jl' feet of Tract 13 InO.R. Book 3126, Page 1462, PubUc Records otPlllln BeDcb COllnty,Florida. 12. Rcatriclioll-S, C(lodltiona, l'Caorva!loll6. 0"0_, ....Ii otMr rnaltefS oontained on the Plat of Amended 1'10\ of Section t 2. Townllhip 45 South, Ranse 42 East Mary A. Lyman, at aI. as recorded in Plat Book 9. 1'ogo 14, l'ublio Records oCPa1m Beach Co,,"ty. Plorida. 13. Terma, oovenanlll, oolldilollB, and other matlers contained in any Wlreaordcd I_(a) tlI1d all rights thc:rcunder/lOlllloe(a) and of any person. claiming by, through or under the Iessee(s). Porm C-SCH. B-1I (n::"Y, $/9.0 1:1,," aloTlmallll VI .. 1 in. = 295.7 feet 'I "."M i 00290 0270\,. ..' ," "~,",/ I I -i- I i 1210 1170 O~') i , 0011 r ,~ \ "= 0013 I' 000 ODOO ,~" ----~-- TIlT.... I , . I "~.~- "- I""ro I ""'" i · i J IL-.J -I I ---""'----J ""'" J b!!parChr 10f ~~'iaiC 0030 II\. J __-i-. -i I"''"""~ .. I -,~- I I I I """ ""' oal0 Parcel owned by Eparchy of Passaic AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this I@day of IJQ()ua(':l''2u~ by and between Lori Podray hereinafter called the "Customer", HYPOLUXO HOMES LLC, hereinafter called "Contract Vendee" 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, in order for the Contract Vendee to obtain zoning approval for commercial development from the Palm Beach County Board of County Commissioners, the property owner must be able to access water services; and WHEREAS, the Contract Vendee only requires water service if it purchases the subject property from Customer; and WHEREAS, all parties recognize that this agreement is valid only upon the occurrence of the Contract Vendee, HYPOLUXO HOMES LLC (as assignee of Ansca Communitios, LLC), purchasing the propei ty from Customer, at which time the Customer will voluntary annex into the City of Boynton Beach; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time, NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are '30 Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer, or if the said real property has been transferred, the transferee, will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer, or if the said real property has been transferred, the transferee, will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the-City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer 2 acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferees, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer, or if the said real property has been transferred, the transferee, hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. Customer hereby acknowledges that it has currently entered into a contract with HYPOLUXO HOMES LLC for the sale of Property conditioned upon the Contract Vendee obtaining approval from the Palm Beach County Board of Commissioners and/or other municipal agencies' zoning approval for development of the Property and other conditions. 14. This agreement shall not be effective until and unless the Customer transfers legal fee title to the Property to HYPOLUXO HOMES LLC or its successors or assigns in accordance with the terms of the contract referred to in paragraph 13 mentioned above. Furthermore, no documents, including this agreement, shall be recorded unless title to the Property is so conveyed to HYPOLUXO HOMES LLC or to its successors or assigns. Upon such transfer of title, this agreement shall be in full force and effect and all obligations hereunder on the part of the Customer shall be automatically transferred and assumed by the grantee named in the deed from the Customer conveying title to the Property as aforesaid, whereupon Lori Podray, her 3 heirs and assigns, shall be deemed released from any further liability or obligation hereunder. 15. Notwithstanding any other term or provision in this Agreement, this Agreement will be null and void, if the Contract Vendee has not acquired the property by )</.,d. 3D ,20~ , \;'3 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of :JZl.VlU(2/)j ,20<6 WITNESS: QID.c\t Witness Signa~ INDIVIDUAL(S) AS OWNER(S): ~r )/LA ' . ,-/ V ignature -:J~ Lori Podrav Printed Owner Name Printed Witness Name FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Lori Podray to me known to be the person(s) described in and who executed ttie foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: (1_ \:-/_ . . ~ VI WITNESS m hand and official seal in the County and State last aforesaid this \ t. Ill. day of ~N\I'.j ,200.5 (Notary Seal) ~ ./'_ Notaryrt>ubllc 1J)KhritUnaNlwaoz ;., ..; My Commlsaion 00185879 ... " EJcpku February 01. 2007 4 WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ,Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of , 200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: City Attorney 5 L,- T VENDEE: ~s ignature r,'s-bri-a ~S?: ~UL~ .,~ IA ~"~' r"ffi, /Jj::: I YllC\.LU l ~~ ) EYS ptiWI Printed Witness Name Charles Scardina, Mgmr (CORPORATE NOTARIZATION) FOR CORPORATE 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 Charles Scardina to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that be/she executed the same; that the individual was --'personally known to me or provided the following proof of identification: \ ?3~WITNESS-fJ hand and official seal in the County and State last aforesaid this - day of , d-L!('L(c'tI'j ',2005 (Notary Seal) ~p ./'7. .' Notary Ffublic 1fJ KhriItIno N IwaIz . . My COmmi..1On 00185819 ~..~ Expi...Fabruary01,2OO7 6 JAN '19 '05 II: 14 FROM: FUND COMMITMENT Commitment No.: T-IlS P.OS/09 F-540 Fund File Numbe,. 06-2004-10634 EXHIBIT A P.~Clell The South 5 acres otTract 3, Amended Plat otSeotion 12, Town.hip 45 South, Range 42 East, Mary A. Lyman, elal, according to the map or plat thereof as recorded in Plat Book 9 Page 74 being more particularly described as the South 5 aC",$ of the Wcst ~ oflbe West ~ oflbe ' Northeast Yo of the Northwest V. of Section 12, Township 4S South, Range 42 East, Together with those Grants of Easement for ingress and egress recorded in O.R. Book 14050, Page 1906 andO.R. Book 14161, Page 690, Public Records of Palm Beach County, Florida. Parcel 2 p,waAr'llll~ I6.7TREfOl"lllJ 1Cll11ll3U...1Ul'0I'_ NOIl'lllIKl'CW I'o)0l' M ~tW.l'=" 01'1111 WlSl"HAlIIW iii) CII''''1IIClllIltWl' ~lW~1 0I''n1ll NllIIThWIS1' 0lW "~ IfCTlDN 1.1. .,... 4I1llUIll. _ 4lI1A1Tl....- IGICl\W U JIDIlfM"''' lIF 1ltI SQllllUad fI!Il' OI'''IHI NlllITlt ClIlllotW.P (lmllF 1lW;U, _n".urquomll\CIl4). VV"""""'lOTHUM_PlATRCI1CM1.I. 'I'ClWIlIlllP 4S IlX/TH, WtGl! <Q lAST, fWl'( A. LVMAll. IT. ~,1lICOIUlell1N PlAT IICIOlCt, PAGr 74; NUC ~ 01 I'ALM llUOf CllUIII'I'. MRID'- IWla!L I: 'l'WI1tOllTH.." REf Of 'IIlI $IIllIlW W.21 PErI' CII M ItOllTH IWI CW \\l CII'IIlI WIST ~_OI''ntJWIST HAll tw "I Ol''IIlINIl<<MAITQlI-=''1 OI''IHI HOAnM (HW\liIOl'ACIIOll 1.1. 'IO\'Mlllr4S1CIU'IIl, UfAS1')_AISO IlNllWNAS ItOllTH ..." Il!r1'Clf1llf1OUlll UUl..... C111HI NClImt fWl'llRl ClImei' " ~ ,,,;War QUMn'II'oClJ4), ftllCllll\llll4lO '!HI! nBIDI!D PlAT ETlllII12. 'laWllSlV45 lIllUTW, IWIGe q ':lot MAllY ~ LVJ4AN, IT AL.. Rf~ 1M ""'1 IICIOlC t. PAllli 74.1UllUC QCllltllS 01 PALM COllNl'Y, ~ PAIIlZLCl 'IIlI1tOllTH an REf Dl' 'Ml1llUlll17ll.1i FlIT 01' '11<< IIllmlIlALl'(II lIIlCII'Ml WPI' IfAUICW 11I1 OI''IHI WliI1'~1 Of11llHClRlllWT QlI~ "I CI''IlI! HORll'iWESl' QllAIlRIl CIIW Ill) Of I~ lQWNMP.. tIlUTtl,. 4lI Wll.,._ IlNllWNAI M NtlA'IH..." fEI!'I' llF M ICU'IH tlO,44 RIl' 01". Mlll114 HALP (l1Zl ClF~ " DlHMSI' QlIM'I1Il, AaXlIlllllIG 11)THe AMlltaD PlAT RCI'lOH U, 'RlWNIIlIP 15 SCUTIl. IWGI q Wl', MAlY A. LYMAN. !t. AT., IIfCllIIllelIIN PlAT IICIOlC ,. MIll! 74, I'IJIl1C AIODllOS 01' PMoM IleAaf llClUH'IY. FLClIUllA. P*lL11'lHll1iCIIIIH IISA7f1!1l'OI'TItI!IlCR1IfIlALl'CN Vol Cf'IHIIWIST="'{i" WB'I' IWI CW "'I OI''IHE IlCIlMAS1' CIlINllU 11I1 "I orntl NI:lRI.lI'4lS1' "I ar 5Iil:ItON 13; ~ 4$1llUIIf, JMIlI G rA$T1 tIIINI~ ICIlllWH All lI.I7.... Of M NCIlmlIWl' (1m CF'llW:I'1, HClIITIIMITQllAmIl (I/4~1llIlII 'I'D '/HI NIEHIleD IUT__I2, ~ 45Sl'JU1\t. twlGt42 Nf. NARY A. IT Ilr. pfI'Ol'DelllH fUT 1IClllIC" MIll! H, I'UlIUC IQiCXlIIDI ot'NUIIlfN:1l oum, fltIllIDA, PNaL1: '\'Ie NClllTIIICI.lI faTClI'M SOIIIlt.....1'm' Qf'11W:U, 1IIImlIo.....QUAltIa"", = RCIlllIIl2. '1OWNSHIP 4S Ill!nII. JWlllI '"R AUO IlNCIWIIIlI M fltlI1IIlil .. ClI''TliIIIlUTHIlALI'Clnl11W:U,IoufmMllff ('''''''''IIINIi'I'D'TliI PUTIIIll:I1I:lII~ lOW...."" 'lI 1IClIIIll.' 4a~_"'LYMaII.rr.~T. Pr-OEI) 1M PUT IOCIC.. PAGe? onH8 P\JIUl; R/!COAllI Cf pAU411fAl)f ClIlM'Y.1\OIQQA Nfl) RlHG MOll! ~YDIDIIliDAS1IlI!IID/mIIRIoDl'mgl' 'll1' IllUTIi ......,...01''1* WESTIWJI(w '" Clf'llfl! WESfHAU' tw "') ClI''IHI NORl1iWTd"t$N ~I Ofntll HllIIlHWIS1' ~ (IIW Volllft 1EI'l1lH U. 'l'OVI1dHJP 4S IWlGe 42 fAST, PALM IlDQt allMY. fLDIlIOL Page 6 of7 L Dr, Po.!,..}' F>< ~ ./wf A I, THIS INSTRUMENT PREPARED BY; James A. Cheraf, Esquire Josias & Goren, P,A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF Palm Beach I/We, Lori Podray, hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name. place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the day of , 20_ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the I~ day of Jl (\ U O/IJ ,in the year two thousand and S ~ed ,"d d.II"".... Ie th. p'_e" ofyj?_ :iJ" 0 ~ Witness Signat~ (~er ~:atrJc. J c%v (S-bnl\=s::t..uCI..~t- Lori Podrav Printed Witness Name __ Printed Owner Name f) i ness Ignature VIII a^ e {,() {ffe.rSftY\~, Printed W tness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this of: \QIf\l\C-'.I\1n' 20.QS., by Lori Podrayand are known to e or who have produced fl- b (_ identification and who did/did not take an oath. q;f'd NOTARY P~ I ~'1 day , who , as 1fJ Khristino N Iwasz . . My Commiaoion 00165819 ~..':/ ExplfesFabruary01,2007 Type or Print Name Commission No. My Commission Expires: POAIND JAN ~9 '05 11:3Z FROM: T-13S P,OZ/09 F-540 A TTORNEVS' TITLE INSURANCE FUND. INC. Palm Beach Branch 340 Columbia Drive, Suite 106 West Palm Beach. FL 33409 (!61) 640-3700 Fa,,: (561) 640-9387 Mitchell A. Sherman 1301 N. Congrcss AvenUIl Suite #210 Boynton Beach FL 33424 Date: Fund File Numbe,.: County: Reference: August 26, 2004 06--2004.\0634 Amended Palm Beach Podray S/l' Ansca near Khristina: We htlvo "amiMd t/tk to the p,.operly described in Schedule A lIttached and prepared these schedules to be used exclusively for the purpose of issuing a commitment 0,. policy oflltle (nsu,.""ce undel'Wrltten by Attorneys' Title Insu,.tlnce Fund, Inc. Please review the schedules beftlre signing and inserting in a Fund Commitment cover. As our Agent you must: A. Add additional ,.equl,.ements and/or exceptions to Schedule B that you find necessary from your analysis of the present transactitlns. B. Evaluate Schedule A and B and issue endtlrsements as may be approp,.;"te, dektlng or modifying the Schedules. Our IIXllmlnation a/title reflects only those mtltterfl ,..cordlld III the Official Records Books. You are ,.esponslblefor such other off-reco,.d examinations Ilnd checks Il$ you may find necessary pursuant to Fund undel"Wrltlng procedures, It is also neces$lIf)' that you check for tiny fmpald municipal auessmentsl/iens to satisfy the requirement under Schedule B-1, if Ilppllcable. In the event you are required to issue a Mortgagee Commitment, Schedule B-II of the Owner's Commitment wi/I provide Infotination from a 20-yeaJ' judgmentand lien search on the p,.oposed Imured. The Fund appreciates this opportunity to be afsl!rvice. Pletlse contad us if you havl! (lilY questions. Slnce,.ely, AttorneY$' Title Insurance Fund,lne. Robecca Cacciatore Senior Elxaminer JANI9 '05 11:33 FROM: T-136 P.03/09 F-540 FUND COMMITMENT Schedule A Commitment No.: Effective Date: August 9, 2004 fJt ll:oo PM Fund FUe Number: 06.2004.10634 Amended Alent's File Reference: Podray srr Ansca 1. Policy or Policies to be Issued: Proposed Amount of Insu,.ance OWNER'S: ALTA Owner's Policy (10/17/92), (lfothcr, specify.) $1,850,000.00 Proposed In"u,."d: Ansca Communities, LLC, a Florida limited liability company MORTGAGEE: 3. Th,. utfJte 0" Interest In the land described or refen'ed to in thLf commitment Is (I fee limple and title thereto Is (It the effective date hereDfvested In: Lori Podray as to Parcell and Parcel 2 E'f'e.-~. ~af8'eelaBt Jr. &tul )ft\l5iR ~t'g.tc. CD:f8.8shr'~ tQ Parsel, 3. The land referred to In this commitment Is described (IS follows: See E,u,ibit A attached. AGENT NO.; 13613 ISSUED BY: Mitchell A. Sherman MAILING ADDRESS: l301 N. Congrc.. Avenue Suite #210 Boynton Beach FL 33424 A GENT'S SIGNA Tu;;;::.::.. ___ f' .~<~- Mitchell A. Sherman Rev.l.Z Page 1 of7 JAN ,19 '05 11:;; FROM: T-II6 P.04/09 F-540 FUND COMMITMENT Schedule B Commitment No.: Fund FiI~ Number 06-2004-10634 Amended L Th" followillg aN the requirements to be complied with: 1. Payment of the full condd",.a#on to, 0,. for the accounr of, the grtmto,.s or morlllllJlOrs. 2. Instruments c,.eating the estate or interest to be inlilu/"(J(/which must bfl executed, delivered and fdedfor recordl A, Warranty Deed from Lori Podray. joined by spouse. if married, to the proposed purchaser(s), as 10 Parcels 1 and 2 ' , . posed insUrt'd purchascu:( 9). as to Parcel 3 C. Access Easement by a n like Worth Drainage District and Spero D. Carabelas, Jr. and pata Carabelas for access over the Lake Worth Drainage District L-18 3. A determination must be made that there are no unrecO,.ded ,fpeclal asseS,fment /lens or rmrecol"ded liens ari.dng by virtue of ordinances, unl"tlcDrded Il/!reemenls liS to impllct or other development fees, unpaid waste fees payable 10 the count,v or municiplllit,v, 0,. unpllid sel'Vice chllrges under Ch. 159, F. S., 0" count,v ordinance. of ymenl oftaxes for the year 2003 must be with respec 1 y e clerk of the court, under Folio Number 0042- -0060. (PareeI3) 5, Satisfaction of the mortgage from Frederick Hurlbut and Claudia Hurlbut to Washington Mutual Bank, FA dated September 28, 1999 and recorded in O.R. Book J 1417, Page 500, Public Records of Palm Beach County, Florida. (Parcel 2) 6. . Carabelas, Jr. and Nu Home Loan Corporation dba Expanded Mortgage Cre It led Fcbru . 3 and rccorded in O.R. Book 14914, Page 113, Public Recor each County, Florida, (Parcel 3) 7. Satisfaction oflhe mo rom Spero D, Carabelas, Jr. and Nubia Zapata Carabelas to GMAC db .com dated June 26, 2004.and rccorded in O.R. Book 17319, Page 793. 8. Satisfactory evidence must be furnished establishing that Ansea Communities, LLC is a limited liability company ciuly organized, validly .,xi9ting, and in good standing un<\er the laws of Florida (at dale of purchase and at the present time, or at date of purchase and at date ofsale). Page 2 of7 JANI9'0511:!3 FROM: T-13S P.05/09 F-540 FUND COMMITMENT Schedule B Commitment No.: Fund File Numbe,. 06-2004-10634 Amended 9. vit to be executed by Lori Podray and Spero D. Carabelas, Jr. and Nubill Zapatil Carabe '. 1 There are no matters pending against the am glve rise to a lien that would attach to be and the recording of the interest to a e affiant. . not execute any instruments ould adversely affect the interest to be insured. 10. Closing funds are to be disbursed by or at the direction of the agent ofThe Fund identified at bottom of Schedule A. 11. A 5eareh commencing with the effective date of this commitment will be performed at or shortly prior to the closing of this transaction. If this search reveab a title defect or other objectionable matters, an endorsement will be issued requiring that this defect or objection he oteared on or before c1osinll. 12, Affidavit from tho owner of the subject property, or some other person having actual knowledge, establishing that no person other than the owner is in possession. 13. A survey meeting The Fund's requirements must be furnished. Ifsuch survey reveals any encroachments, overlaps., houndary line dispules, or other adverse matters, they will appear as exceptions in the policy to be issued based upon this commitment. 14. The policy to be issued based upon this commitment will not contain an exccption for easements or claims of casements not shown by the public records, provided that: (I) the survey, meeting The Fund's requirements, does not disclose the exlstence of any unrecorded easements; and (ii) the affidavit of the owner, or other person with actual knowledge, establishes that tlu:re llI'C nO unreoorded casement. or claims of easements in existence. I S. Affidavit from a reliable person must be furnished establishing that more than \10 day. has elapsed since the completion of all improvements for which payment has not been made in full. 16. Agent is.to record the insured instruments as soon as possible after closing. II. Schedule B of the policy or poiici"s to b" issued will contain exceptions to the following maJters unless the same are dixptJSed a/to the satisfaction of The Fund: 1. De/ects, liens, encumbrances, adverse clllims 0,. other matters, ifany, created,first appearing in the public record., or (l/faching subsequent to the ,ffectlve date hereof but prior to the date the proposed msu,.ed f#Jquire., for value of record the elltate or interest or mortgage thereon covered by thL, commitment 2. Any owne,.lfnd morlgagee policies Issued pursuant hereto will contllin under Schedule B the IittmdwlIXllllplions I;nforth at the inside COVel" hereo/unless an ajJldavlt o/possesslon and R satls/actory current survey are submitted, an Inspection of the premises Is made, it is determined the current year's taxes 0,. special assessments hRve been paid, and It is determined there is nothing o/record which would give ,.Ise to construcJlon liens which could take priority over the Interest(s) insured he~unde,. (wher" th" lilins wDuid tltherwi." take p,.torlty, submission o/waivers Is necessary). PaGe 3 of7 JAN ,19 '05 11:34 FROM: T-IlS P.OS/09 F-540 FUND COMMITMENT Schedule B Commitment No.: Fund FUe Number 06-2004.10634 Amonded 3. Pederalliens and Judgment liens, if any,jiled with the Florida Department of Stale pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.101, 1St seq., P.S., respectively, which designate the Florida Department of State as the plQce for jUlng federQlliens and Judgment lien8 "gain81 plll'sonRI proJU1'tJ1. Fo,. insurl". purposes: (a) PursuRnt 10 See. 713.901, tJI seq., F.S., pe,.so"tlI pl'OJU1'C)J includt!S. but is nOl limited to, mortgQges, leaieholdi, mongagei on leaseholds, Intert!Sts In cooperative associations, vendees' tnte,.ests, IInd options ...htJn Ih08e ;nltJre$Is ",.e hsld by " pllnnershtp, corporation, trust or decedent's estate; lI11d (b) Pursuant 10 See. 55.201, et seq., P.S., JUrsontll property includt!S, but Is not limited to, leaseholds, Intert!Sts In coope"ative associations, vendees' (nteresi, and optfons regtmlJess tif the type of entity holding such intereltS, including individuals. (.Note: Mongages have been specifically tlXcluded fram the personal property Interests In ...hieh IIjudgmMI lie" m",y bs IIcqulrsd until,. Ihe pl'ovisloni of See. 55,201, 1St sell.. F.S.) 4, Taxes for the year of the effective date of this policy. 5, Subjcct to rights of tenants under unrecorded leases, if any. 6. Restrictions, conditions, reservations, easements, and other matters eontained on the Plat of Amended Plat of Section 12, Township 45 South, Range 42 East, Mary A. Lyman, et aI, as recorded in Plat Book 9, Page 74, Public Records of Palm Bcach County, Florida. (All) 7. Reservations contained in Deed from Lt\ke WoI1h Drainage District recorded in Deed Book 574. Paae 87, Public Records of Palm Beach County, Florida. (All) 8. Easement to Florida Power and Light Company recorded in O.R. Book 2295, Page 1231, Public Records of Palm Beach County, Florilia. (parcel 1) 9. Easements contained in Warranty Deed recorlied in a.R. Book 1829, Page 407, Public Records of Palm !leach County. Florida. (Parcell) 10. Baoements for Ingress and Egre.. reoorded in Deed Book 1165. Palle 496, Deed Book 1166, Page 387, a.R. Book 147, Page 246, a.R. Book 147, Page 246, a.R. Book 147, Page 248, a.R. Book 1521, Page 572, O.R. Book 1829, Pagc 407, O.R. Book 4578, Page 703, a,R. !look 2827, Page 1010, Public Records of Palm Beach County. Florida. (pareeI2) 11. Easement as reserved for road purposes over and across the East 14 feet of tracts ofland recorded in a.R. Book 5272, Page 1615, as corrected In O.R. Book 5451, Page 1535, Public Records ofl'alm Beach County. Florida. (Parcel 2) 12. Basement to Florida Power and Light Company recorded in a.R. Book 637, Page 538 and a.R. Book 642, Page 287, Public Records of Palm Beach County, Florida. (PareeI2) PlIge 4 of7 JANH '0511:14 FROM: T-13S P,D7/09 F-540 FUND COMMITMENT Schedule B Commitment No.: Fund File Number 06-2004-1 0634 Amended 13. Lack of access or limitations on access to the land occasioned by the temlS and conditions of the crossing agreemenl recorded in Temporary Access granted over and across the 1-18 Canal by the Lake Worth Drainagc District, contained in instrument recorded in a.R. Book 15601, Page 1383 and O,R. Book 14071, Page 1111 Publio Rocord!! of Palm Beach County, Florida. (Parcel 2) 14. Basement for Temporary Acce.. over and across the L.IS Canal to Hypoluxo Road recorded in a,R. Book 1560 I, Page 1388, Public Records of Palm Beach County, Florida. (Parcel 2) 15. Easement to Florida Power and Light Company recorded in a,R. Book 14050, Page 1914, a,R. Book 14050, Page 1918, a.R. Book 14050, Page 1922, a.R. Book 14050, Page 1926, a.R. Book 14050, Page 1930 and a.R. Book 14050, Page 1934 Public Records of Palm Beach County, Florida. (Parcel 2) 16. Easement in favor of Bellsoutb Telecommunications, Inc., contained in instrument recorded in O.R. Book 14050, Page 1938, O.R. Book 14050, Page 1943, a.R. Book 14050, Page 1948, a.R. Book 14{)50, Page 1953, aR Book 14050, Page 1958, O.R. Book 14050, Page 1963 Public Records of Palm Beach County, Florida. (Parcel 2) 17. Grant of Easement for a perperual, non-exclusivc easement for ingresa and egre.s ovor the Bast 20 feel recorded in a.R. Book 14050, Page 1906, Public Record!! of Palm Beach County, Florida. (Parcel 2) 18, Easement in favor of Adelphia Communications Corporation, contained in instrument recorded in a.R. Book 14050, Page 1968, a.R. Book 14050, Page 1973, a.R. Book 14050, Page 1978, a.R. Book 14050, Page 1983, O.R. Book 14050, Page 1988, O.R. Book 14050, Page 1993 Public Records of Palm Beach COWlly, Florida. (ParccI2) 19, Grant of easemenl for a perpetual, non-c:xc1ulive casement for ingrOllls and egre.. to and from the subject properties recorded in a.R. Book 14161, Page 681 and a.R. Book 14161, Page 690 Public Records of Palm Beach County, Florida. (parcel 2) 29. i:emoIlt tll Illorida Power and Light Company recorded in a.R. Book 2445. Pa~e ~I>'\ Publia I' R.~fPa~liIaek CS\UU). JTlulldCL.l"AI~"'j ..,J 21. :;,~ ;:.~:: ~~o~~v::g~~ i~~~u:~~";;;;~~ ~~i:~8:~~ d~:~~:;~u~=~etrt 30, 22. Subject to the rights a$ conveyed by Palm Beach County to Lake Worth Drainage District in the property South of Hypoluxo Road and the 1-18 Canal recorded in a.R. Book 7511, Pagc 1952, Public Records of Palm Beach County, Florida, which restricts ingress and egress from the subject property to Hypoluxo Road. 23, Rights of the Lake Worth Drainage District to Chancery No. 407 as reflected in O.R. Book 6495, Page 761, Public Records of Palm Beach County, Florida, PageS of7 JAN'19 '05 11 :34 FROM: T-13S P,D8/09 F-540 FUND COMMITMENT Commitment No.: Fund File Numbe,. 06-2004-10634 EXHIBIT A Pa~Clell The South Sacres of Tract 3, :"mendad Plat ofSeotion 12, Town.hip 45 South, Range 42 East, Mary A. Lyman, et ai, according to the map or plat thereof as recorded in Plat Book 9, Page 74 being more particularly described as the South 5 ac"," of the West ~ oftha West ~ of the ' Northeast !4 of the Northwest !4 of Section 12, Township 45 South, Range 42 East, Together with those Grants of Easemenl for ingress and egress recorded in O.R, Book 14050, Page 1906 and O,R. Book 14161, Page 690, Public Records of Palm Beach County, Florida. pareel 2 _ At 'Ilfti ~ S6.TT I'EiT OI'l1iI! 101"".11 fill' Of "lIE NOll'IIIlIIIOl' (N Va, Of 'lie MST'HALf fIN ~) OF lllI MST'HAIIIW Vd OF M NllllIlWl' QUAIITEll (III! ~l ClI'1li& NClIl1lI'ftSt CIIAIlTfIllllW \\) Of RC1IClN n, lllWIlIHIl' 45 SlllIIll.'_ >II wr, __ ALIO IiHQWIt Alina IIDIlTM IU71'11f Clf' 'lItI1CllIIlI aa.n fill' Cll'M NOll'IIIllIII-IWI {1m CF 1lW;f 50 1lQIlIItINm'~II/~~ - 1'0 TIll! AM_IUTIlll:1XlN", 1tJWIlilllP 45 lIllUl1l, ANIIlI! ~ fAST, lUll'( A. 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IIIaIUlElIIN PUT ICOIC.. ,oMlE'4 Of'htl ~ IlfOlAD5 OF'Wt IIeAOI CGUm'. I\OIUlI4 AND RlNG MaIlt! mntLUlIL'l' oeDIlID AS '1m IIlllmIIWoD mr ClI' 'ftlJICIUT1i ,,"ftIl'Cl'M WS'r1lAlJl (W '*1 0I11f1! WESf HALl' lW .., lII' '\'HI NClIlTIt!AST ~" ~, OI''I'HI -.ww&1 QlUiAtP. (IlW ...) OF III:TlOH 12. 'I'OWNSHIP 45 SOUlli.IIAHG! 41 fAST, 'AUI eoal CllUH1Y. fl.llllIOI.. Page 6 of7 JI.,~19 '05 11: 15 FROM: T-llS P.09/09 F-540 FUND COMMITMENT Commitment No.: Fund FIle Number 06-2004-10634 P reel3 The W""' 154.32fe>ot\lll . llII~lc.hIIll\lC West line ofl..ot 3)e>fu.. ono-notr(N lr.l) on.., J; exCEPT: O.1HOOIlllcreOf.' of1!l<l N<>rth- 0/lN)....... lNW l"'l of -... 12. ' a..", 42 ];;>sl, IIIIlC8lkd pial ofliClOLIGa 12. """.rdiaJ 10.110 I' lilo n . of III. CI,!\; .,r ".. 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned MeetinQ: Dates in to City Clerk's Office Meetin!:!: Dates in to City Clerk's Office 0 December 7, 2004 November 15, 2004 (Noon.) 0 February 1,2005 January 17,2005 (Noon) 0 December 21,2004 December 6, 2004 (Noon) lZJ February 15, 2005 January 31, 2005 (Noon) 0 January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005 February 14, 2005 (Noon) 0 January] 8, 2005 January 3, 2005 (Noon) 0 March 15, 2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF lZJ 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: Ratify the action of the South Central Regional Wastewater Treatment & Disposal Board. EXPLANATION: On January 20, 2005, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting, At that time, the Board took action on items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R,W,T.D. Board. PROGRAM IMPACT: None FISCAL IMPACT: None ,'ifiL 'm, Not ratify thei r action ~ ~J ALTERNATIVES: Department Head's Signature %(/1'. L ~ ~D 1'0, Department N City Attorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. ROS- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ON JANUARY 20, 2005, AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal 15 Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly 16 Meeting of January 20,2005, as set forth in the attached Exhibit "A". 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 18 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 19 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed 20 as being true and correct and are hereby made a specific part of this Resolution upon 21 adoption. 22 Section 2. The City Commission does hereby ratifY the action taken by the 23 South Central Regional Wastewater Treatment & Disposal Board on January 20,2005, as 24 set forth in the attached Exhibit "A", 25 Section 3. This Resolution shall take effect immediately upon passage. 26 27 28 29 S:\CA\RESO\SCRWTDB Annual Meeting 01-20-05 Ratification.doc 1 PASSED AND ADOPTED this _ day of February, 2005. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\RESQ\SCRWTDB Annual Meeting 01-20-05 Ratification.doc ~ ""','("{ \,yr., ',)\ r\'\",r : ,.' \'2.: :\ \ . \'\\'2."\ V,I ::_ ..'111" SOUTH CENTRAL REGIONAL WASTEWATER r; ~C\~ TREATMENT AND DISPOSAL BOARD <\c,'i\,y'-;"~-:, \, \ '\ ~ f" \ \~,- 1801 North Congress Avenue . Delray Beach, Florida 33445 @ Telephone (56!) 272-7061 (561) 734-2577 Fax: (56!) 265-2357 www.scrwwtp.org MEMORANDUM TO: Ms. Janet Prainito City Of Boynton Beach FROM: Mary Ann Shumilla i"Y DATE: January 21, 2005 RE: RATIFICATIONS FOR SIGNATURE Attached are the Ratifications from the Quarterly Annual Meeting of January 20, 2005 which require signatures. Would you place these on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratifications are executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 20. 2005 WHEREAS. the South Central Regional Wastewater Treatment and Disposal Board did on January 20, 2005 by a vote of 7-0, approve AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE CITY OF DElRAY BEACH TO EXPAND THEIR CONTRACT FOR THE REUSE LINE WITH CHAZ EQUIPMENT FOR AREA 1 RECLAIMED WATER SYSTEM INTO THE SOUTH CENTRAL PLANT IN THE AMOUNT OF $415.240.00. COST TO BE SPLIT 50/50 FROM EACH CITIES' CAPITAL FUND. C405.03 WHEREAS. said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW. THEREFORE. the City of Boynton hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of . by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney INTERLOCAL AGREEMENT FOR REIMBURSEMENT OF CONSTRUCTION COSTS FOR RECLAIMED WATER DISTRIBUTION PIPING PROJECT DATED DECEMBER, 2004 THIS AGREEMENT entered into this _ day of , 2005, by and between the CITY OF DELRAY BEACH, (hereinafter referred to as "City"), and the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD (hereinafter referred to as "SCRWTD Board"), and provides as follows: WHEREAS, the City is in the process of constructing a Reclaimed Water Distribution System which will connect to the SCRWTD Board's Reclaimed Water Facility; and WHEREAS, it is necessary to construct connection piping between the City's Reclaimed Water Distribution Pipe and the SCRWTD Board's Reclaimed Water Facility which such connection will be constructed upon the SCRWTD Board's real property; and WHEREAS, the City is currently under contract with Chaz Equipment Co., Inc., to construct the City's Reclaimed Water Distribution Piping System and in order to facilitate the connection of such system to the SCRWTD Board's Reclaimed Water Facility, the parties believe it to be in their mutual best interest to have the City's Contractor construct the connection piping and metering upon the SCRWTD Board's real property; and WHEREAS, such connection construction is a capital expenditure for the SCRWTD Board, which such capital expense is funded by the Cities of Boynton Beach and Delray Beach respectively; and WHEREAS, the SCRWTD Board upon collecting such capital contributions from the Cities of Boynton Beach and Delray Beach will reimburse the City for all costs of the project. WHEREAS, the City Commission and the SCRWTD Board have determined it to be in the best interests of the parties to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. INCORPORATION OF RECITALS. The above-stated recitals are incorporated as if fully set forth herein. 2. BID AWARD AND ACCEPTANCE. The City has received a bid for Project No. 2004-20 for an Area I Reclaimed Water System as it pertains to the City's Reclaimed Water Project. The City has awarded the bid to Chaz Equipment Co., Inc. The City shall add a contract addendum to its contract with Chaz Equipment Co, Inc. to construct the SCRWTD Board Project. 3. CONSTRUCTION OF PROJECT. The City's addendum will advise Chaz Equipment Co. Inc that the SCRWTD Board Project shall be constructed in accordance with the plans to be submitted by the SCRWTD Board. 4. PAYMENT FOR CONSTRUCTION. The SCRWTD Board shall be responsible for all costs associated with the SCRWTD Board Project for which a 2 proposal was received by the SCRWTD Board as shown on Exhibit "A" hereto. If the SCRWTD Board Project cost is increased or decreased, the SCRWTD Board shall be responsible to pay the City all of the costs of construction and incidental costs occasioned by the City as a result of the work. The SCRWTD Board shall pay to the City the amount in Exhibit "A" ten (10) calendar days prior to the City's contract with Chaz Equipment Co., Inc., being revised to include the SCRWTD Board Project referred to above. If the SCRWTD Board fails to make payment to the City within the required time period, the City shall not be required to amend the Contract to include the construction of the SCRWTD Board Project. The City shall refund to the SCRWTD Board any funds provided to the City that were not expended for the construction of the SCRWTD Board Project at the conclusion of the project and after a full accounting of the SCRWTD Board Project has been performed by the City. In the event greater funds are needed than the amount the City has collected from the SCRWTD Board, the SCRWTD Board shall then remit such funds to the City within ten (10) calendar days of receiving such written request from the City. 5. COMPLIANCE WITH CONTRACT; INSURANCE. The City shall require the contractor to comply with all the terms and conditions of the specifications submitted by the SCRWTD Board to the City for the Project and the City's contract, including the one year warranty period as described in the General Conditions of the Contract. In the event there is a dispute between the parties regarding compliance with the contractual terms by the contractor, the City, in its sole discretion, shall determine whether or not the contractor has complied with the contract. The City shall require the City's Contractor to add an additional named insured for the SCRWTD Board Project. 3 6. GOVERNING LAWS; VENUE. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 7. INTEGRATION; AMENDMENTS. This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by all parties. 8. NOTICE. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. /f given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: David Harden, City Manager City of Delray Beach 100 NW. 1st Avenue Delray Beach, Florida 33444 SCRWTD Board: Robert J. Hagel, Executive Director 1801 North Congress Avenue De/ray Beach, FL 33445 Any party may at any time by giving ten (10) calendar days written notice designate any other person or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. 4 9. SIGNATURE REQUIRED, This Agreement shall not be valid unless and until signed by the Mayor and attested to by the City Clerk. 10. RECORDING. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written, ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk By: Jeff Perlman, Mayor Approved as to Form: By: City Attorney WITNESSES: fi6' "~I ,...-tj .. . .:;/;' , .- 'IN ,~ . .-- ... I' "R",h~t- T H~gpl (Name Printed or Typed) SOUTH CENTRAL REGIONAL WAS~ir. E W...A TER tREATMENT & DISP SAL BO ,RD . ) ' t , . \ ~ By: i , r PrintN 'e: . \ I. T/t1e: t \ . .~ ~ ~, . ~?(0.A4.~<!I:4~t'77:/~-{:;.1 / 1/ Mariiaret Woodall (Name Printed or Typed) , , . , \) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before Januarv , 2005, by Jon R. Levinson of officer or agent) as r.h~; rm~n So. Central Regional Wastewater Board (name personally known to me C;llJd~~~iQ me this --1.<L day of , (name (title of officer or agent) of of corporation). He/She is as identification. "';;;:'~&';'" Mary Ann Shumilla ~:~o~\"'~ Commission nDD J 98899 c~'. \iJ.':o Expires: May 01, 2007 '~;r..':'o~ f~O~'~}- Bonded Thru "!, ~",\' Atlantic Bonding Co.. Inc. "'hI ~ 6/1<'" die'd.,,,, ,.1.&/ Signatur of Notary Public - State of Florida Mary Ann Shumilla 5 tf_C '-"..- >-.J_" l-._,~ ~.- "- ::t: ,->, ~',r' LJ..)S~ Q}LJ...... ~I ,?:;' c ~ ;;....- ~'.' ~. C\.J I c:, L<J L... C~ c.:, ~-' i .~\ .-....J SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue . Delray Beach, Florida 33445 ,..--. 'Thlephone (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 www,scrwwtp.org C',,' Ms. Janet Prainito CITY OF BOYNTON BEACH CITY CLERK'S OFFICE P.O. Box 310 Boynton Beach, FL 33425-0310 Dear Janet: Per our telephone conversation yesterday, enclosed is Exhibit "A" which should be attached to the Ratification and Interlocal Agreement for Chaz Equipment in relation to the reclaimed water. Thank you for your assistance. Sincerely, Mary Ann Shumilla Executive Assistant FROM :CHAZ EQUIPMENT CO., INC. EXHIBIT "A" FAX NO. :5613332180 AGENDA II G (5) 3460 Fairlahe "'ann~R(lad Suite 8 WeWngton, FL 33414 Phone: 561-333-2109 Fax: 561-333-21.110 ,. -- January 7, 2005 Mr. Bob Hagel South Central Regional Wastewater Treatment and Disposal Board (SCRWTB) 1801 North Congress Ave Defray Beach, FL 33445 Re: SeRWTB Reclaimed Water Main "Piggyback" proposal based on Delray Contract (Project # 2004-020) Dear Mr. Hagel: Please find attached proposal for the reclaimod water piping at the SCRWTB plant located at 1801 North Congress Ave, Pricing is predicared or commensurate with Pricing of the Contract between Chaz Equipment and the City of Delray Beach for continuation of the reclaimed main from the termination point of this proposal to the City of Delray Beach Municipal Golf Course On Atlantic Ave, Total Proposal Amount ~J5.UO.OO Should you have any further questions please do not hesitate to call. FROM :CHAZ EQUIPMENT CD., INC. FAX NO. :5613332180 Jan. 07 2005 01:38PM P3 Schedule A Area 1 Reclaimed Water System Delray Bids 10128104; 2:00 PM SCRWfP Yard Piping "Piggyback" Contract Addition OeoCl1pIlon Qty Uol Price. TObII 1 LS 16,000.00 1 &,000.00 Mallllenance of TIafIIe 1 1..$ 500.00 500.00 , CIeerIng.. Grubbing (Includn soddlng "'atora~"n) LS 22,500.00 22,&00.00 , As.8ulll ROClord llrewInu- 1 LS 150.00 150.00 18" CL 350 PIP RWM 80 LF 105.00 8,300.00 s :U" CL 3eO DIP RWM 180 LF 109.00 19,820.00 6 '0" CL 350 PIP RWM S84 I-F 1 &5.00 90,&20.00 Additional lIttlngS (18", 24" Md SO" piping) for yolrd piping .. _'''Ion piping.. bid to CIIy; Includaa chBnglng to :Mx18 "'" to LS 66.500.00 66.500.00 ~4lrI8 _) t .hock an.. 90.. AlllnIlc Av...... 0' LS 135.000.00 0.00 8 30" RWM (HOPE $DR l100IPS Dhetlona' Drill. Cong.... Awn... 0 LS 106,000.00 0.00 9 SO" RWM (HDPE $DR 11. DIPS otNCIIon8l Drill. Lake Ida ReI 0 LS 106,000.00 0.00 10 8" GIla Va"'" 0 lEA 700.00 0.00 11 ." Gsta Va"'" 0 lEA 950.00 0.00 12 10" GaI8 Valve 0 lEA 1,&2&.00 O. 13 1." IutIoorfly Va"'" 0 lEA 4,000.00 0.00 1. 24" Butterfty Val.. 0 lEA 8,000.00 0.00 1. 30"lluIteIfIy Valve 1 lEA 11,000.00 11,000.00 AI, Rele... Va've" ~ Aorla' 1 lEA 2,000.00 2,000.00 17 Cclnnact 10 Exle... 24" DIP RWM 2 LS 4,000.00 8.000.00 Connact 10 ExtOl. 30" DIP RWM ~ I.S 7.500.00 18,000. 18 Connect 10 _t. 24" DIP RWM (Dtwg C.2' 0 L8 4,000.00 0.00 19 CorltwIct 10 EIlI$t. 24" DIP RWM (llts 10 + 8' on drwg C-5) 0 LS 4.000.00 0.00 20 - Culvert C_nll (o.lslll! an drwg C-2) 0 1-8 12.360.00 0.00 A rROM :CHRZ EQUIPMENT CO., INC. FRX NO. :5613332180 Jan. 07 2005 01:38PM P4 Schedule A A,.. 1 Reclaimed Water System Delray BId810/28/lMj 2:00 PM SCRWTP Yard Piping "Piggyback" Contract Addition 1""'* o...criptJon Qty UnK P~ce Total 21 24" FIg CL HO RWIII Co_ HoMldW8H Cronlng 1..,12 Camd (Dtwg C- D LS 30,000.00 0.00 1) 22 CUll PII.IlI EllIot. F""'" .."''''' 0 EA 1,000.00 0.00 n Remove plat. ...".. M11lno 0 LF 4.80 0.00 24 Raise bill. 1n1, Piping (818 J2+ IS on drwg c.t, 0 LIl 2,000.00 0.011 -.- :l5 tip. CUI "- Trench Repair (70'''''' 30"; 30' ..". 24" DIP: 20' for 120 l.F 30.00 3.600.00 24"CII') 20 Cone... Drive Apron 0 SF 4.80 0.00 27 SI_lk """"Ir 0 LF 30.00 0.00 2B Restore "-n0llt .....Ing and Slgnage 0 LS 2,800.00 0.00 2t Flow Meier 1.....11IId In I!xhd Mabor Vaullldrwg C.20) 0 LS 8,900.00 0.00 - Plpl", I FlllVf Meter I_led w1-...IItOnlroI. 1 L8 125,000.00 126,000.00 '- ".....u 1 Is -- 1 Is e_ 1 Ia Plpo_ 1 10 -- , 10 30 Flow _I Valve I_led In biOI M_ Vault (Drwg C-2O) 0 LIl 1,600.00 0.00 31 $4" ReP 0uIh011 (Orwg C-2O) 0 Ul 2,500.00 0.00 - 24" RCP 0utrII1 / !lemMIon ANa __Ion 1 LS 24,600.00 24,800.00 RamQ\Ie elll$ting ""!faD I SlruCbJre 1 LS Tie-in to ....ting IlruClutB 1 ea ~, 24" eMP Culv$! 100 LF Mhared end ..otlon 1 Eo . Fl"1lradlng 1 LS 32 3/4" ContIoI Woe en--.lln :r PVC PI"" & 314" DrIlIn LI... Encuad In 0 LS 4,000.00 0.00 :r PVC ~ - 3" Chlorine Uno 8tI LF 80,00 4,250.00 S' Chlotlne lIno 85 LF ..- Connect to e_ng 3' a e. Remova "",.ti"O 3" 70 LF '" VIdeo Allowanca . 1 LS 200.00 200.00 2 ;t f'ROM :CHRZ EQUIPMENT CO., INC. FRX NO. :5613332180 Jan. 07 2005 01:39PM P5 SGhedule A Area 1 ReclaImed Water System Delray Bid. 10/28104; 2:00 PM SCRWTP Yard Piping "Piggyback" Contract Addition Item. DaBCrlptlon QIy UnIt f'tiea Total ~ Untt.fInad Undel'llfGUl1d A1_"" 9 La 60,000.00 O.O~ 3& ....n~A1I_ 0 LS 5,000.00 0.00 3e Indemnlllcatlon 0 La 10.00 0.00 totAL EVALUATED liD Sid..... 1 through 38 415,2<10.00 - .. : < . Oont'aot Un~ pr10e chonljM due 10 reducad qly .,.: ".!Iid lIllma addod!hls propoaaland nollndudad In CIty acope 1/1I. ,= Projae:lll2OO4.Q2O Conh:! Unn Pricing Pr_1 ia predi<:aled on plana _ 'Raclairned Walllr Dlolrlbution Site PlIln' by Hazen and Sawyer lor the Soulll Cenlnll Regional Wao_ler Treatment and Dla~ tlOlIIll d_ Oealmber 2004 All Conlreot provlaion.o and Ip/lllcal>la unn priclg lor lhe Atea 1 Rec10imad Weill, System (City plGjeol' 2004-020) balwaen Chaz Equ;pmont and me City of Delray Beech 111011 apply II> 11>0 _ pet Ih;o proposa' By Ho rd Wight lor Chill EqlllplTIlilnt Co,. Inc. 3 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 20. 2005 WHEREAS. the South Central Regional Wastewater Treatment and Disposal Board did on January 20, 2005 by a vote of 7-0. approve AUTHORIZATION FOR CHAIRMAN TO SIGN AGREEMENT WITH SOLID WASTE AUTHORITY FOR SOUTH CENTRAL TO PARTICIPATE IN THE CONSTRUCTION AND OPERATION OF THE BIOSOllDS PELLETIZA TION PROJECT. CONSTRUCTION COST OF $5.643.362 TO BE SPLIT 50/50 FROM EACH CITY'S CAITAL FUNDS. WHEREAS. said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW. THEREFORE. the City of Boynton hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of . by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney YOUR PARTNER FOR SOLID WASTE SOLUTIONS January 7, 20.05 Mr, Robert J. Hagel, P,E. Executive Director South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Avenue Dekay Beach, FL 33445 !fOJ [E @ [E 0 I!! [E ~ '!J!JJAN 1 2 2005 ~ By ::=- Re: Interlocal Government Agreement Biosolids Processing and Recycling Dear Mr, Hagel: Enclosed please find a copy of the proposed Interlocal Agreement (ILA) between the SCRWWTP and the Solid Waste Authority for biosolids processing and recycling, We have finalized the agreements with NEFCO for the design, construction and operation ofthe biosolids processing facility, The cost for the design and construction of the facility will be $23,546,622; some $226,378 less than the adjusted bid price. The operation and maintenance fees remain as proposed by NEFCO and there have been no substantial changes to the terms and conditions of either the Design & Construction or Operation & Maintenance Agreements that were included in the proposal documents, The attached ILA is very similar in content to the draft agreement we previously sent for your information. The ILA includes a summary of all the capital costs for the facility as . well as an accounting of all developmental costs associated with the project. The capital cost allocation is consistent with our previous discussions and cOlTespondence, Your share of the total project cost is 21.75 percent based on your committed capacity requirements of 87 for the originally planned 400 wet ton per day facility, Please note that because we will be building a 600 wet ton per day facility, your available capacity reflected in the ILA is 130.5 wet tons per day, (If at this time you feel you need additional capacity, please let us Imow immediately.) TIns percentage is applied to the total cost of the project including all the development costs incurred to date, permitting, design, construction, and commissioning for the processing facility and associated infrastructure improvements made by the Authority to provide necessary utilities to the facility site less the currently committed grant funds, The total cost also includes a 5 percent contingency to allow for unforeseen circumstances. 7501 North Jog Road, West Palm Beach, Florid8 33412 (561) 640-4000 FA)( (561) 640-3400 Recycled paller Mr, Robert J. Hagel, P,E. January 7, 2005 Page 2 The ILA also includes a detailed summary of the applicable facility O&M costs, As currently structured, the ILA establishes a fixed unit rate per acceptable wet ton received at the facility that includes both the Operator's processing fee and the estimated pass through costs. With the exception of the gas expenses, the pass through costs were calculated based on the maximum usage rate, per wet ton processed, that was guaranteed by NEFCO, The gas cost reflects our estimate of the amount of natural gas that may be required and also includes our estimated cost to operate and maintain the equipment required to condition and transmit the landfill gas to the biosolids processing facility. The O&M costs also include a nominal fee to cover the administrative Authority's expenses. The ILA provides for an annual reconciliation that insures tllat your cost would be limited to the actual expenses incurred. Wben reviewing these costs, it is important to keep in mind that significant savings can be achieved on both the capital and O&M components. The facility as proposed will have the capacity to process up to 600 wet tons per day. Based on the most recent data obtained from the participants, the total processing capacity needed at build out is 400 wet tons per day. The additional 200 wet tons per day can be sold and the capital component will be rebated to the original participants on a prorated basis, The opportunity for savings on the O&M component are significant and are also related to the sale of excess capacity on both a permanent and short term basis, As this capacity is filled, tlle participants will benefit from the reduced O&M fees associated with higher through put levels thereby reducing the overall processing costs, The contractor is ready to begin work on the project. However, we can not move forward until all ILA's from participants have been executed. We would like to bring the NEFCO contract to our Board for approval in February, We are available to meet with you andlor your legal counsel at your earliest convenience to address any questions or concerns that you may have regarding the project or the ILA and finalize the document as soon as possible, We appreciate you cooperation and assistance and are looking forward to the successful completion of this vital environmental project. If you have questions or need additional information, please feel free to contact me or Mr. Patrick Carroll at (561) 640-4000. SMt~~ rRaymOnd H. Schauer Director, Engineering & Public Works Enc, INTERLOCAL GOVERNMENT AGREEMENT FOR BIOSOLIDS PROCESSING AND RECYCLING BETWEEN THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, FLORIDA AND SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD DATED AS OF ,2005 1 TABLE OF CONTENTS Article I 1.1 1.2 Definitions and Entire Agreement Definitions Entire Agreement Article II 2.1 2,2 2.3 Const1'Uction and Payment/or Construction Commitment to Construct and Operate Commitment to Pay for Capital Costs Sale of Excess Capacity Article III 3.1 3.2 3.3 3.4 Operations and Management Commitment to Supply Biosolids Commitment to Accept and Process Biosolids Temporary Use of Excess Processing Capacity Biosolids Processing Facility Operations (a) Receiving Hours (b) 0 & MPlan (c) Laws, Rules, and Regulations (d) Biosolids Quality (e) Rejection of Deliveries of Unacceptable Biosolids (f) Weighing and Record Keeping (g) Obligations Prior to the Operations Date Article IV 4.1 4.2 Payment Monthly Payment o & M Costs/Ton and Reconciliation (a) 0 & M Costs/Ton (b) Annual Reconciliation to the Monthly Payment Uncontrollable Circumstance and Performance Changes in Laws (a) Changes in General Laws (b) Change in Environmental Law 4.3 4.4 Article V Term 5.1 Term Article 'W 6.1 6.2 6.3 Dispute Resolution Dispute Resolution Arbitration Payments Upon Resolution Article 'WI Indemnification 7.1 Indemnification 7.2 Survival 2 Page 5 9 9 9 10 10 10 11 11 11 11 11 11 11 12 12 12 13 , 0 u 13 13 13 14 14 14 14 14 16 16 16 Article VIII Miscellaneous 8.1 Representations, Warrantees, Approvals 8,2 Amendment and Modification 8,3 Notices' 8.4 Assignment 8.5 Severability 16 17 17 17 17 Exhibit I - Summary of Capital Costs Exhibit II -Bioso1ids Quality Specifications Exhibit ill-O & M Costs/Ton and Adjustments Exhibit N-D & C Agreement Exhibit V -0 & M Agreement 20 21 22 23 24 3 INTERLOCAL GOVERNMENT AGREEMENT FOR BIOSOLIDS PROCESSING AND RECYCLING Tms AGREEMENT, hereinafter called the "Agreement", is made and entered into this _ day of , 2005 by and between SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, a of the State of Florida, hereinafter called the "Utility" or "SCRWWTDB", and the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a special district created pursuant to Chapter 75-473, Laws of Florida, as amended, hereinafter called the "Authority", WITNESSETH WHEREAS, the Utility owns, operates, and manages Wastewater Treatment Facilities (as defined herein); and WHEREAS, such Wastewater Treatment Facilities generate domestic wastewater residuals referred to as Biosolids (as defined herein) as a residual of the treatment process; and WHEREAS, the Utility desires to secure an efficient, long-term, and environmentally sOlmd method to recycle and beneficially reuse the Biosolids produced; and WHEREAS, the Federal Government and the State of Florida encourage the recycling and beneficial reuse of residuals including Biosolids; and WHEREAS, the Authority can provide for the beneficial reuse of Biosolids by means of recycling through the process of drying and pelletization; and WHEREAS, such processing facility will produce, among other things, Biosolids Benificial Reuse Products for use in the commercial fertilizer industry; and WHEREAS, the Utility and the Authority mutually find it in the public interest to cooperate in the recycling ofBiosolids and production of Beneficial Reuse Products, NOW, THEREFORE, in consideration of the mutual promises contained herein, the Utility and the Authority agree as follows: 4 ARTICLE I - DEFINITIONS AND ENTIRE AGREEMENT 1.1 Definitions For the purposes of this Agreement, the following terms shall have the meanings set forth below: "Acceptable Deliveries" means the delivery by the Utility or its agent of Biosolids that meet the requirements set out in Exhibit IT. "Accept or Acceptance" means the receipt by the BPF ofBiosolids from the Utility, "Alternate Location" means the Authority Landfill located at 45th Street and North Jog Road in West Palm Beach, Florida, or other locations as mutually agreed upon. "As Received Weight or Wet Tons" means the weight of Biosolids as delivered by the Utility to the BPF or Alternate Location, with no adjustment made for moisture content. "Base Processing Fee" has the meaning as shown in Exhibit ill, "Beneficial Reuse Products or BRUP" means the end product of the sludge drying process that meets or exceeds the requirements of Chapter 62-640,850, F.A.C., or it's successor regulations, for Class AA Residuals that is produced by the BPF from Biosolids, recycling purposes. "Beneficial Re-Use" Ineans the sale or distribution of BRill to others to be used for "Billing Period" means each calendar month in each Fiscal Year, except that the initial Billing Period shall begin on the Operations Commencement Date and end with the last day of the month in which the Operations Commencement Date occurs, "BiosoIids" means material as specified in Exhibit IT, "Biosolids Processing Facility or BPF" means the regional facility constructed (or to be constructed) by the Authority, for itself and on behalf of the Utilities, for the purpose of accepting Biosolids from the Utility and others for processing into BRUP. .. Capital Costs" means the Utility's share of the capital costs of the design, development, permitting, construction, and acceptance testing of the BPF as provided for in Exhibit I. "Change in General Law" means any change in the Federal, State, or Local laws, rules, regulations, or requirements after June 15, 2004 which has, or may reasonably be expected to have, a direct or indirect, material, and adverse effect upon the cost to the Authority of constructing, operating, maintaining, or modifying the BPF or the performance of the BPF, excluding a Change in Environmental Law. "Change in 5 General Law" shall also mean any change in the Federal, State, or Local laws, rules, regulations, or requirements after June 15, 2004 which has, or may reasonably be expected to have, a direct or indirect, material, and adverse effect upon the cost to the Utility of producing or delivering to the BPF acceptable Biosolids as referred to and specified in Exhibit II, General Change in Law shall not include: a) general economic conditions, interest or inflation rate fluctuations, commodity prices or changes in prices, or currency or exchange rate fluctuations; b) union work rules that increase the operating cost ofthe BPF; c) any change in prevailing wage laws that impact the cost of operating and constructing the BPF; d) any change in Federal, State, or local tax laws, or any other tax law, The parties agree that the costs, if any, associated with the types of changes in law described in a) through d) above shall be recovered in the annual adjustment to the Base Processing Fee described in Exhibit III to this agre=ent. "Change in Environmental Law" shall only mean a change in the Federal, State, or Local laws, rules, regulations, permits, or requirements after June 15,2004 which has, or may reasonably be expected to have, a direct, material, and adverse effect upon the cost to the Authority of constructing, operating, maintaining, or modifying the BPF or the performance of the BPF related solely to changes in the chemical or physical properties of the BRUP produced to allow for Beneficial Re-Use, or changes in the quality of the air discharged from the BPF, or to changes to the quality of the effluent discharged or stormwater discharged from the BPF. "Contractor" means New England Fertilizer Company that will (or has) contract(ed) "\vith the JUlthority to design, build, acceptfu'"1Ce test, operate and 111aintain the BPF and market the BRUP. "D & C Agreement" means the Design and Constmction Agreement entered into (or to be entered into) by the Authority with New England Fertilizer Company for the design, construction, check out, and acceptance testing of the BPF and attached hereto as Exhibit N, "Dry Weight" means the weight measured after oven drying at a temperature of 1030F to lOSoF for a period of twenty-four (24) consecutive hours. "Effective Date" means the date of this Agreement first written above. "Fiscal Year" means the Authority's fiscal year which currently is October I through September 30, or as may be adjusted from time to time, "Monthly Payment" shall have the meaning as set out in Section 4.1 hereafter. "0 & M Agreement" means the Operations and Maintenance Agreement entered into (or to be entered into) by the AUthOlity with New England Feliilizer Company for the operation and maintenance of the BPF and the marketing of BRUP and attached hereto as Exhibit V. 6 "0 & M Costs/Ton" means the total of the actual costs of the applicable Base Processing Fee /Ton, Pass Through Costs/Ton, and Solid Waste Authority (SW A) Administration Costs/Ton as are shown as estimates in Exhibit m. "0 & M Plan" means a written description of the operations, hours of operation, hours during which the BPF shall Accept Biosolids, vehicle procedures at the receiving area at the BPF and the Alternate Location, handling of unacceptable Biosolids, vehicle procedures at the delivery area, traffic routing, weighing and billing procedures, backup plan if the Authority's scale facilities become inoperable, and emergency notification procedures, which will be, or has been, prepared in accordance with the 0 & M Agreement. "Operations Commencement Date" means the date of the written notice fi:om the Authority to the Utility stating that the BPF has been placed into commercial operation and is able to Accept Biosolids. "Party" means either the Authority or the Utility, or both, as the context of the usage of such term may require. "Participants" means other utilities entering into similar agreements with the Authority for delivery and processing of Biosolids at the BPF, "Person" means any legal entity including, but not limited to, any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization, or govemment or any agency or political subdivision thereof. "Receiving Hours" means the hours set forth in the 0 & M Pla.'1 during which the Utility may deliver, and the Authority shall Accept, Biosolids, "State" means the State of Florida. "Term" shall have the meaning set forth in Section 8,1 herein. "Ton" shall mean 2,000 pounds avoirdupois, "Uncontrollable Circumstance" means an act, event, or condition that has a direct, material, and adverse effect on the lights or obligations of a Party under this Agreement, if such act, event, or condition could not have been avoided by the exercise or use of reasonable care or precautions and is beyond the reasonable control of the Pmty relying thereon as justification for not performing an obligation or not complying with a condition required of such Party under this Agreement. Such acts, events, or conditions shall include, but shall not necessarily be limited to, the following: (a) an act of God, hurricanes, tornadoes, epidemic, landslide, lightning, earthquake, fire or explosion, flood or similar occurrence, an act of public enemy, war, blockade, insurrection, riot or civil disturbance, sabotage, or similm' OCClUTence; (b) the order, or injunction or judgment of any Federal, State, or local court, administrative agency or governmental body or officer with jurisdiction in 7 (e) f4'\ \.L} (c) the Utility, including any exercise of the power of eminent domain, police power, condemnation, or other taking by or on behalf of any public, quasi- public, or private entity, provided, however, that such order or judgment shall not arise in connection with or be related to the negligent or willful act, error, omission, or inaction of the Party relying thereon and that neither the contesting in good faith of any such order or judgment nor the reasonable failure to so contest shall constitute or be construed as a willful or negligent action or inaction of such Party; the failure to issue, or the suspension, termination, interruption, denial of renewal of any permit, license, consent, authorization or approval essential to a Party to carry out its obligations pursuant to this Agreement, if such act or event shall not arise in connection with or be related to the negligent or willful act, error, omission, or inaction of the Party relying thereon and that neither the contesting in good faith of any such order or judgment nor the reasonable failure to so contest shall constitute or be construed as a willful or negligent action or inaction of such Party; the failure of any appropriate Federal, State, or local agency or public or private utility having operation jurisdiction with respect to the BPF to provide, and maintain and assure the provision of, all utilities necessary for the operation of the BPF; any subsurface condition which shall prevent, or require a redesign or change in the construction, or directly adversely affect the Scheduled Acceptance Date; provided however, that the condition was unlrnown to the Contractor taking into account the information made available to the Contractor by the Authority prior to the contract Date and the generally recognized geology of Florida in which the BPF site is located, provided however, that groundwater in any quantity, as opposed to quality, shall not be considered an Uncontrollable Circumstance; the provisions of this paragraph and, in pa,....icular, of subparagraphs (a) through ( e), above, shall never be interpreted as describing an Uncontrollable Circumstance if the situation or condition at issue is the direct or indirect result of a party's violation of, or failure to comply with, any existing Federal, State, or local statute, law, rule, ordinance, regulation, or requirement or any Federal, State, or local statute, law, rule, ordinance, regulation, or requirement enacted after the Effective Date of this agreement or any change in any existing Federal, State, or local statute, law, rule, ordinance, regulation, or requirement which change occurs on or after the Effective Date of this agreement. (d) "Utility Capacity" means the Utility's share ofthe BPF total annual throughput capacity as set out in Section 2.2 hereafter. "Wastewater Treatment Facilities" means the wastewater treatment plants that the Utility owns, operates, and manages, or causes to be operated and managed.. 8 1.2 Entire Agreement The following Exhibits are attached hereto, are incorporated by reference, and are made part of this Agreement. Exhibit I - Summary of Capital Costs Exhibit IT - Biosolids Quality Specification Exhibit ill- 0 & M Costs/Ton and Adjustments Exhibit N - D & C Agreement Exhibit V -0 & M Agreement This Agreement, together with the foregoing Exhibits, constitutes the entire Agreement between the Authority and the Utility and supercedes all other negotiations, representations, or agreements, either oral or written, with respect to the matters contained herein. The Article and Section headings in this Agreement are for convenience and reference only and shall not be considered in construing this Agreement. ARTICLE IT - CONSTRUCTION AND PAYMENT FOR CONSTRUCTION 2.1 Commitment to Construct and Operate The Authority shall cause the BPF to be designed, constructed, permitted, and acceptance tested on or before the date as determined in accordance with the D & C Agreement, on lands which it owns at 45th Street and North Jog Road in West Palm Beach, Florida, in accordance with all applicable local, state, and federal rules and regulations in place at the time of the Operations Commencement Date. ' 2.2 Commitment to Pay for Capital Costs The Authority shall invoice the Utility for the Utility's Capital Cost of the BPF, as adjusted, as is determined in accordance with Exhibit I, on a monthly basis starting from the co=encement of design of the BPF until the final payment is made for all Capital Costs, These payments shall be pro-rated based upon the work completed at the time of the billings, and in no case shall the cumulative billings exceed the maximum Capital Cost determined in accordance with Exhibit 1. The Capital Costs shall include all the costs to develop, design, construct, permit, and acceptance test the BPF, including without limitation, all labor, material, supplies, contractors, and subcontractors costs, land costs, easement costs, costs of providing utilities, taxes, consulting fees, legal fees, interest charges, insurance premiums, and the like, This payment of the Capital Cost is the consideration for the Utility's share of the BPF's capacity, which share shall be equal to 40,716 Wet Tons of Acceptable Deliveries annually (the 'Utility Capacity') with delivery not to exceed an average of 130.5 Wet Tons of Acceptable Deliveries per day during any two-week period. Any Biosolids delivered in excess of the above-identified maximmTIs will not be accepted, or, if capacity in the BPF is available, will be subject to an additional processing fee equal to the then applicable Base Processing Fee, The Utility shall own this share ofthe BPF' s capacity in perpetuity for the life of the BPF. 9 2.3 Sale of Excess Capacity The Parties acknowledge that the BPF constructed (or to be constructed) is anticipated to have 200 wet tons per day capacity greater than estimated total capacity required by all the original Utilities, the County, and the Authority (the Original Participants) over the term of this agreement. The parties agree that the Authority may offer this excess capacity for sale to interested parties subject to the following conditions: ,I Sale of excess capacity will be subject to approval by all Original Participants. .2 Proceeds from sale will be distributed to all Original Participants on a prorata share basis, ,3 Minimum sale price of the excess capacity shall be $42,515 per wet ton of daily capacity, .4 Sale of excess capacity shall not result in an increase of the 0 & M Costs/Ton of the Original Participants .5 Sale of the excess capacity shall not reduce the processing capacity available to the Original Participants below their minimum required capacity. ,6 0 & M Costs/Ton for the use of the excess capacity shall not be less than that of the Original Participants. ARTICLE ill - OPERATIONS AND MANAGEMENT 3.1 Commitment to Supply Biosolids On and after the Operations Commencement Date, the Utility shall deliver all of the Biosolids generated by the Wastewater Treatment Facilities on a regular basis to the BPF. The delivery schedule will be determined as pali of the development of t.l}e 0 /& M Plan and will be agreed upon by both parties, Beginning with the Operations Commencement Date, the Utility shall deliver a minimum of 19,847 Wet Tons of Acceptable Deliveries (the "Minimum Commitment") during each Fiscal Year, except that the Minimum COlmnitment shall be prorated for the Fiscal Year during which the Operations Commencement Date occurs. The delivery of Biosolids other than to the BPF or the Alternate Location shall be considered a material breach of tius Agreement unless otherwise agreed upon by both parties. The failure of the Utility to deliver the Mi1umum Commitment shall result in a charge to the Utility equal to the product of the difference between the actual Acceptable Deliveries delivered by the Utility and the Minimum Commitment, times the first level operations and maintenance fee, as adjusted, set out in Exhibit ill, A, 1, and shall be billed to the Utility as provided in Section 4,2 (b) below, 3.2 Commitment to Accept and Process Biosolids On and after the Operations Commencement Date, tile BPF shall accept and process Biosolids from the Wastewater Treatment Facilities delivered to the BPF or the Alternate Location as designated by the Authority, On and after the Operations Commencement Date, the Authority's obligation to Accept and process Biosolids at the BPF meeting tile specifications contained in Exhibit II shall only be relieved by, and only to tile extent of, an Uncontrollable Circumstance that prevents or partially prevents such Acceptance and processing. Should an Uncontrollable Circumstance occur, the Authority shall continue 10 to accept Biosolids at the BPF or Alternate Location until such time that the Uncontrollable Circumstance is corrected or resolved, 3.3 Temporary Use of Excess Processing Capacity On the Operations Commencement Date, it is anticipated that there will be significant unused capacity owned by the Utility, To the extent that the Utility does not temporalily need this capacity, the Authority shall have the right to fill this capacity on a temporary basis on the open market at the best obtainable price, provided that all net income derived from processing additional Biosolids will be a credit to the Utility in the year end reconciliation as provided in Section 4.2 (b) below.. In no event will the temporary use by others of excess capacity increase the Utility's 0 & M Costs/Ton or Monthly Payment or reduce the Utility's capacity ownership in the BPF. 3.4 Biosolids Processing Facility Operations (a) Receiving Hours The Authority shall cause the BPF to be operated, and shall Accept Biosolids delivered by or on behalf of the Utility during the Receiving Hours in accordance with the 0 & M Plan, At a minimum, the BPF shall accept Biosolids six (6) days per week. (b) 0 &M Plan The Authority shall develop, maintain, and update from time to time all 0 & M Plan as defined above, mutually acceptable to the Authority and the Utility, (c) Laws, Rules, and Regulations The Authority shall cause the BPF to be operated in compliance with all applicable Federal, State, and local laws, rules, regulations, ordinances, and permits, as amended from time to time, (d) BiosoIids Quality Biosolids to be delivered by the Utility to the Authority for processing shall meet the Biosolids Quality Sp ecifications as specified in Exhibit II, All utilities that are producing digested Biosolids at the time of signing this Agreement shall deliver only digested Biosolids to the BPF, Utility agrees to use its best efforts to have all Biosolids delivered to the BPF in vehicles dedicated for Biosolids transportation only, (e) Rejection of Deliveries of Unacceptable Biosolids The Authority or the Contractor shall have the light to reject the delivery and prohibit the unloading of Biosolids not meeting the Quality Specifications as indicated in Exhibit II, The Authority or Contractor shall immediately notify the Utility of such rejection and the Utility shall either: (i) take possession of, alld remove from the BPF or the Authority's premises, such lmacceptable Biosolids; or (ii) request that the Authority or Contractor dispose of such unacceptable Biosolids. If the Authority or Contractor does not agree to dispose of such 11 unacceptable Biosolids, the Utility shall promptly remove such unacceptable Biosolids, If the Utility requests that the Authority or Contractor dispose of such unacceptable Biosolids and the Authority agrees, the Authority or Contractor will dispose of said material by alternative methods consistent with current laws and regulations, The Utility will pay a disposal fee equal to the then applicable Base Processing Fee in addition to the 0 & M Costs/Ton for all such materials disposed of by the Authority or Contractor other than at the BPF. (1) Weighing and Record Keeping All Biosolids and unacceptable Biosolids delivered by or on behalf of the Utility, and all unacceptable Biosolids rehrrned by or on behalf of the Utility, shall be weighed on an AB Received Weight basis at the Authority's designated scale facilities which shall be certified at least annually by the State, The Authority shall maintain all weight records for a period of at least three (3) years and will make such records available to the Utility at the Utility's request. (g) Obligations Prior to the Operations Date It is recognized by the Parties that although the Authority will not establish the Operations Commencement Date until the BPF has passed certain performance tests, the BPF shall require amounts of Biosolids and shall produce BRUP during start-up, and testing, all of which will be prior to the Operations Commencement Date. In order to accommodate the above, the Authority shall provide reasonable notice to the Utility of the amounts ofBiosolids that the Authority projects will be required to be delivered. The Utility shall use all reasonable efforts to accoIllillodate the Authority's request. Prior to the Operations Commencement Date, the Utility shall not be charged any fees or costs for the Biosolids it delivers to the BPF, ARTICLE IV - PAYMENT 4.1 Monthly Payment After the Operations Commencement Date, and on or before the fifteenth (15th) day of each Billing Period thereafter during the tenll of this Agreement, the Authority shall submit to the Utility an itemized invoice for services rendered to the Utility during the previous Billing Period which shall include: (a) the daily and total quantities of As Received Weight of Biosolids delivered to the BPF during the Billing Period by the Utility and by all users combined; and (b) the Monthly Payment due the Authority by such Utility calculated as the product of the Total Estimated 0 & M Costs/Ton as set out ill Exhibit ill times the total As Received Weight of Biosolids delivered by the Utility during the Billing Period, plus any additional charges associated with disposal of such Utilities unacceptable Biosolids as provided for in section 3.4(e). The Monthly Payment shall be payable by the Utility to the Authority within thirty (30) days from receipt of the invoice by the Utility, 12 4.2 0 & M Costs/Ton and Reconciliation (a) 0 & M Costs/Ton, The 0 & M Costs/Ton is designed to cover all costs of the BPF not included in the Capital Cost, including, but not limited to, the complete cost of administeling, operating and maintaining the BPF, On and after the Operations Commencement Date, and during the full term of tins Agreement, the Base Processing Fee shall not exceed the per ton fees as set out in Exhibit III, except as adjusted in accordance with Exhibit III or other provisions of this Agreement. (b) Annual Reconciliation to the Monthly Payment. Within 120 days of the end of each Fiscal Year, the Authority shall make an annual reconciliation to tile Utility for the prior Fiscal Year which shall account for debits or credits for the items listed below and shall be reflected in the next Monthly Payment invoice submitted to the Utility after such reconciliation is issued: I) Any changes in the actual 0 & M Costs/Ton resulting from tile application of the Base Processing Fee due to increased levels of Acceptable Deliveries delivered to tile BPF during the past Fiscal Year; 2) Any deviation in tile actual costs of Pass Through Costs per Ton from the Estimated Pass Through Costs per Ton as set out in EKhibit III; 3) Any charges for Utility's failure to meet the Minimum Commitment as set out in Section 3,1 above; and 4) Any revenues due the Utility associated with the utilization of excess processing capacity as set out in Section 3.3 above, 4.3 Uncontrollable Circumstance and Performance (a) If either Party fails to perform any of its obligations pursuant to tins Agreement, and if such failure to perform was caused by an Uncontrollable Circumstance, tllen the Parties shall cooperate to remove, reduce, or eliminate the adverse effect of such Uncontrollable Circumstance. During the period of time impacted by the Uncontrollable Circumstance:(i) the Utility shall continue to deliver, or cause to be delivered, all of the Biosolids from its Waste Water Treatment Facilities to the extent it is able to do so; and (ii) the Authority shall Accept and process Biosolids and produce BRUP at the BPF to the extent it is able to do so; and (iii) the Authority shall Accept the Utility's Biosolids at the Alternate Location to the extent that it is not able to do so at the BPE (b) Neither Party shall be responsible for paying allY additional costs incurred by tile other, including, but not limited to additional capital, operating, maintenance, or repair costs, 0 & M Costs/Ton or any other costs or fees due to, or caused by, an Uncontrollable Circumstance that occurs during the term of tllis Agreement. Provided however, in tile event of an Uncontrollable Circumstance that results in damage or a condition of the BPF that requires repair or modification of tile BPF, and there is no liability or obligation on the part of the Contractor for tile cost of such 13 repair or modification, and there are insufficient or no insurance benefits to cover such costs, then each Utility shall be responsible and liable for its prorate share of such costs based on each Utility Capacity share. Such costs shall be billed to each Utility and paid in accordance with the same procedures set out in Section 2.2 above. 4.4 Changes in Laws (a) Changes in General Laws. Neither the Authority nor the Utility shall be responsible for paying any additional costs incurred by the other, including, but not limited to additional capital, operating, maintenance, or repair costs, 0 & M Costs/Ton or any other costs' or fees due to or caused by a Change in General Law, unless otherwise specifically provided in this Agreement. (b) Change in Environmental Law. In the event of a Change in Environmental Law (as defined herein) that has a direct, matelial, and adverse effect upon the cost to the Authority of operating, maintaining, or modifying the BPF, the Authority and Utility shall mutually negotiate any necessary capital cost contribution or any necessary increase in the 0 & M Costs/Ton commensurate with the necessary cost. In the event the Parties are unable to mutually agree, then the increase shall be determined in accordance with Article VI herein. ARTICLE V - TERM 5.1 Term, The Tenn of this Agreement shall be until the 20th anniversary of the Operations Commencement Date, unless terminated sooner in accordance with its terms, Upon the conclusion of the term of this Agreement, the BPF shall remain the property of the Authority. Notwithstanding any other provision of this agreement to the contrary, the Utility shall own its share of the capacity of the BPF, in perpetuity, for the life of the plant. ARTICLE VI - DISPUTE RESOLUTION 6.1 Dispute Resolution. All disputes between the Utility and the Authority shall be resolved first by resOli to negotiation, then by mediation with a mutually agreed upon mediator with each Party sharing the costs, and finally, after these options have been exhausted, either Party may initiate arbitration in accordance with Section 6.2, Arbitration, hereafter. 6.2 Arbitration. To the extent permitted by law, unless otherwise specified in this Agreement, any single controversy arising under this Agreement, which the parties are unable to resolve by mutual agreement shall be submitted to binding arbitration. 14 Either party may initiate arbitration by giving to the other Written notice of its desire to have a matter arbitrated which shall precisely designate the specific matter to be resolved and shall designate the arbitrator selected by such initiating party, in which event a hearing thereon shall commence within sixty (60) days of the date of the request for arbitration. The issues shall be submitted to arbitration in accordance with the then current rules of the American Arbitration Association (AAA) and this Agreement. Subject to the provisions of this Section 6,2, any decision of the arbitrators in any such arbitration shall be conclusive as to the matters submitted to them, shall be final and binding upon the parties hereto and may be enforced in any court of competent jurisdiction, Any rule of the AM to the contrary notwithstanding, the issues under arbitration shall be heard and decided by a panel of three (3) arbiu'ators, all of whom shall be: (i) registered professional engineers for disputes involving engineering or construction issues or (il) lawyers for disputes not involving engineering and consu'uction issues; and of whom one (1) arbiu'ator shall be designated by the Authority, one (1) arbitrator shall be designated by the Contractor and the third to be mutually acceptable to the Authority and the Conu'actor, No individual who is, or has at any time been, an officer, employee, representative or consultant of either the Authority or the Contractor or any affiliates thereof, shall be an arbitrator without the express written consent of the other party, Within ten 10 Business Days of receipt of a request for arbitration, the non-initiating party shall select an arbitrator and shall notify the initiating party of the selected arbitrator, and the two designated arbiu'ators shall select the third arbiu'ator within ten (10) Business Days of suc..!]. notice, and in the event that they are unable to agree on a third arbitrator within such time, or if the non-initiating party fails to name an arbitrator within the time provided, then either of the parties may request the AAA select the second and/ or third arbitrator, Any decision on the issue or issues properly before the panel, including the sharing of the cost of ou:bitration, must be joined in by at least two (2) of the members of such panel Any such decision shall be final and binding upon the parties, subject to review as provided by Florida law and the orovisions of this Section, L'1 the case of anv conu'oversv not sU'DJ'ect to arbitration or " , , resulting in a non-binding decision, the parties shall have all of their lights and remedies otherwise available to them in law or in equity, In the event of a binding arbitration decision, such review shall be based upon the record of the arbitration hearing and neither party shall be entitled to a trial de novo of such issues. The arbitrators shall conduct the p1'Oceedings in the manner the arbitrators deem appropriate, consistent with basic standards of fairness and due process. All arbitration proceedings shall be held in Palm Beach County, Florida or such other location as is mutually agreeable to the Authority and the Utility, The arbitrators shall decide the matters submitted based upon the evidence presented, the terms of this Agreement and the governing law, The Florida Rules of Civil Procedures and the Florida Evidence Code shall be followed. The arbitrators shall issue a written award which shall state the basis of the award and include detailed findings of fact and conclusions of law, An appropriate court of competent jurisdiction may enter judgment upon any award, either by confirming tl1e aWaJ:d or by vacating, modifying or cOTl'ecting the award. The court shall vacate, modify or correct any award (1) where the arbitrators' findings of fact are not supported by competent substantial evidence; or (2) where the arbitrators' conclusions of law are erroneous. For purposes of this Section 6,2, all determinations by the arbitrators as to the existence, validity, enforceability, interpretation, application or breacl1 of this Agreement shall be deemed to be conclusions of law. It is the parties' intent that the reviewing court shall independently review all conclusions of law made 15 by the arbih'ators, without being bound in any way by the al'bitrators' determinations of law. 6.3 Payments Upon Resolution. If either the Authority or the Utility has withheld payment of any amount in dispute, upon resolution of such dispute, the non-prevailing Party shall pay to the prevailing Party the disputed amount (or as much thereof as shall be determined to be due) plus interest at the legal prejudgment rate from the date on which such amount was due to the date of payment. ARTICLE VII- INDEMNIFICATION 7.1 Indemnification. Each Party shall be liable for its own actions and negligence or wrongful acts and, to the extent permitted by law, the Utility shall indemnify, defend, and hold harmless the Authority against any actions, claims, or damages arising out of the Utility's negligence or wrongful acts in connection with tins Agreement, and tile Authority shall indemnify, defend, and hold harmless tile Utility against any actions, claims, or damages ariSiIlg out of the Authority's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall same be construed to constitute agreement by either Party to indemnify the otiler Party for such other Party's negligent, willful, or intentional acts or omissions, 7.2 Survival. This Article VII shall survive the termination of this Agreement. ARTICLE VIII - MISCELLANEOUS 8.1 Representation, Warrantees, Approvals, The Parties represent and warrant to each other that upon execution of tIns Agreement: (a) the Parties have the power and authority to enter into this Agreement and to CillT}' out their respective obligations hereunder; (b) the Parties have taken all legal actions necessary to authorize them to enter into and perform their respective obligations hereunder; ( c) entering into and performing this Agreement does not violate any statute, rule, regulation, order, writ, injunction, or decree of any court, administrative agency, or governmental body or violate any agreement by which a Party is bound; (d) this Agreement has been duly entered into by tile Party and constitutes a legal, valid, and binding obligation of the Party; (e) there is no litigation or proceeding pending or 16 threatened against a Party which could materially or adversely affect the performance of this Agreement; and (f) the Parties have obtained all approvals as may be required to permit their respective performance of the obligations of this Agreement. Except as expressly provided herein, the Parties malce no representations or warranties and waive no rights or remedies. 8.2 Amendment and Modification, This Agreement shall only be modified or amended by a written agreement duly signed by the persons authorized to sign agreements on behalf of the Authority and the Utility, Any such amendments or modifications shall be numbered in ordinal sequence and titled accordingly, 8.3 Notices. Any notices required in this Agreement shall be sent in writing, certified mail return receipt requested, to the Parties at the addresses listed below, unless either Party shall inform the other Party in writing of any change in that address. If to the Authority: Solid Waste Authority ofPalrn Beach County 7501 North Jog Road West Pahn Beach, Florida 33412 Attention: Director of Engineering If to tile Utili~J: South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Ave, Delray Beach, FL 33445 Attention: Wastewater Utilities Department Director 8.4 Assignment. It is expressly understood and agreed that tins Agreement is between the Authority and the Utility and that the Authority and tile Utility shall have no right to assign tins Agreement or any portion thereof without the prior approval of the other party, 8.5 Severability. In tile event that any provision of tilis Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties hereto shall negotiate in good faitil and agree to such amendments, modifications, or supplements of, or to, tilis Agreement or such other appropriate changes as shall, to the maximum extent practicable in light of such detemlination, implement and give effect to the intentions of the Parties as reflected herein and the other provisions of this Agreement shall, as so amended, 17 modified, supplemented, or otherwise effected by such action, remain in full force and effect. THE REMAINDER OF THIS PAGE IS BLANK 18 IN WITNESS WHEREOF, the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, at a regular meeting thereof, by action of the Authority Board authorizing and directing the foregoing to be adopted, has caused these presents to be signed by its Executive Director, and its seal to be hereto affixed, and the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD has authorized and caused the_execution of this Agreement, all as of the day, month, and year first above written. SOLID WASTE AUTHORITY OF PALM BEACH COUNTY: By: Attest: Executive Director Clerk of the Board Approved as to Form and Legal Sufficiency: By: Counsel to the Authority SOUTH CENTRAL REGIONAL WASTEWATER TRE TMENT AND DISPOSAL BOARD: I By: Attest: "'; .016'1(;' / /l (--{/t'l/'/L ./!/;;tl/",{/t. Clerk \ ) \J Chair Approved as to Form and Legal Sufficiency: By, ~""AttomOY By Approved as to Terms and Conditions: Approved by Authority Board on , 2005, Item_ Approved by the Utility on , 2005, Item 19 EXHIBIT I SUMARY OF CAPITAL COSTS Capital Costs Project Development Right-of-Way Abandonment Preliminary Design & Permitting RFQ/RFP Grant Funding Infrastructure Design & Construction 25,305 872,586 521,519 275,000 778,000 Sub Total 3,472,411 Project Capital Cost Facility Constl1lction Technical Services During Construction 23,546,622 1,600,000 Sub Total 25,146,622 Total Development & Capital 28,619,033 Total Grant Funding (3,225,000) SubTotal 25,394,033 Contingency @ 5% * 1,219,702 Total Net Capital Cost 26,663,734 SCRWWTP share @ 130.5 WTD = 21.75% 5,799,362 Less Prepaid (156,000) Net Total Dne for SCRWWTP 5,643,362 * Estimated to cover unexpected conditions or change orders; any excess to be returned to, or shortfall billed to, Utility, 20 EXBIBITll BIOSOLIDS QUALITY SPECIFICATIONS The successful operation of the Biosolids Processing Facility (BPF) requires that the Biosolids to be received meet the minimum requirements outlined below, Biosolids shall have minimum solids content of 13 percent solids by weight, with a weekly average of not less than 15 percent solids, The facility shall have the right to reject any shipment that is below the 13 percent solids or that fails to meet the 15 percent average. No add mixtures or foreign material (i.e, Sawdust, etc,) will be accepted as a means to increase solids content. No lime-stabilized Biosolids shall be accepted by the BPF. Digested sludge must meet class B standards for vector attraction and pathogen reduction as provided for in Chapter 62-400 F.A.C, All Sludge shall be delivered to the BPF in covered water tight Semi-truck dumping trailers or dump trucks capable of dumping into a hopper from the real' of the truck. Contributors to the BPF shall provide copies of their Biosolids monitoring alld testing data that is required by their FDEP wastewater permit within 30 days of the date due to the FDEP. Any facility may be restricted from the BPF if their sludge exceeds the ceiling that FL Chapter 62-640 defines as the Class AA biosolids metal limits (which match 40 CFR Part 503, Table 3) as listed below: a, Arsenic 41 mg/kg dry weight basis b, Cadmium 39 mg/kg dry weight basis c, Copper 1500 mg/kg dry weight basis d, Lead 300 mg/kg dry weight basis e, Mercury 17 mg/kg dry weight basis f Molybdenum 75 mg/kg dry weight basis g, Nickel 420 mg/kg dry weight basis h, Selenium 100 mg/kg dry weight basis 1. Zinc 2800 mgilcg dry weight basis The BPF shall only accept Biosolids as defined as "Residuals" or "Domestic Wastewater Residuals" in Chapter 62-640.200 (31) F.A.C" or as alllended ii.om time to time. The BPF shall not accept any materials that are hazardous waste lmder Chapter 62-730, F.A.C., or as amended from time to time, 21 EXHIBIT ill o & M COSTS PER TON AND ADJUSTMENTS (Estimated) Total Operations & Maintenance Costs Base Processing Fee Operator Contract Fee $24.25 Pass through Costs Per Ton (estimated) Electric Potable ISW WW Na Hypochlorite Caustic Gas 3.69 0,47 0.42 0,72 0.45 0,09 2.00 * Sub Total 7.84 SW A Admin Costs/Ton (based on minimum tons) .25 Total Estimated O&M Cost/Ton 32.34 * Includes estimated costs for natural gas which may be needed and SW A costs for O&M of iandfin gas deiivery systems. ADJUSTMENTS The Base Processing Fee schedule, as set out above, shan be adjusted annually as set out in Section 3.01 of the 0 & M Agreement. The Authority shall submit a notice of the adjustment not later than September 1st of each year by ierter to the Utility at the address set forth in Section 8.4 of this Agreement. 22 EXHIBIT IV DESIGN AND CONSTRUCTION AGREEMENT FOR BIOSOLIDS PROCESSING FACILITY EXHIBIT V 23 OPERATIONS AND MAINTENANCE AGREEMENT FOR BIOSOLIDS PROCESSING FACILITY 24 (fr. . } VI.-CONSENT AGENDA ITEM C.9. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested city Commission Date Final Form Must be Turned Requested City Commission Meetin2 Dates in to Citv Clerk's Office Meetin2 Dates 0 December 7, 2004 November 15. 2004 (Noon,) 0 February 1, 2005 0 December 21, 2004 December 6, 2004 (Noon) ~ February 15.2005 0 January 4, 2005 December 20, 2004 (Noon) 0 March 1. 2005 0 January 18, 2005 January 3, 2005 (Noon) 0 March 15, 2005 Date Final Form Must be Turned m to Citv Clerk's Office January 17. 2005 (Noon) January 31.2005 (Noon) February 14. 2005 (Noon) February 28, 2005 (Noon) "........ c-~ ~-'~.~. :-~ ::.) ~'q n , ;,-) ( - . 0 Administrative 0 Development Plans . '-'- ~ 0 f.,J NATURE OF Consent Agenda New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report ,:,.... .--~ 1.;,-) ,. ,,', co,:") ~.1 - .i~:- C) :l: RECOMMENDATION: Motion to approve and authorize the execution ofa Resolution for Task Order No. U05-11-1 for $ 87,355.00 to LBFH, Inc. to provide professional engineering services for the design, permitting, bid phase and construction phase for the replacement of approximately 2,500 linear feet (LF) of 10-inch force main within the Platina force main system. Also, approve a 5% contingency in the amount of$ 4,367.75 for a total budget appropriation of$ 91,722.75. EXPLANATION: The Platina force main system extends along Boynton Beach Boulevard from the West Water Treatment Plant (WWTP), which is adjacent to the Platina subdivision to PS 801, located near the intersection of Boynton Beach Boulevard and Lawrence Road. The force main system is comprised of approximately 4,500 LF of 10-inch and 12-inch pressurized piping and 2,500 LF of IS-inch and 21-inch gravity sewer for a total estimated length of 7,000 LF. Ten lift stations and adjacent subdivisions discharge wastewater into the I8-inch and 21-inch gravity portion of the system and the WWTP disposes membrane concentrate during periods when the deep injection well is out of service for mechanical integrity testing. Repairs have already been made to replace deteriorated piping, attributed to hydrogen sulfide gases and/or lack of cathodic protection and the fact that portions of the system are approximately 30 years old. S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORMJXlC Q( r CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM In Jnly 2004 CH2M Hill, Inc. prepared a technical memorandum under a separate task order that provided an evaluation of the Platina force main system, options for repairs to the system, and options for disposal of membrane concentrate from the WWTP. The memorandum recommended replacing the older lO-inch cast iron portion of the force main with 12-inch pipeline utilizing open cut and/or directional drill methods. PROGRAM IMPACT: LBFH, Inc. will provide engineering services to replace approximately 2,500 LF of 10-inch cast iron force main with 12-inch PVC and/or HDPE force main. The task order will include an evaluation of the method of construction for the installation of the new force main and hydraulic modeling to ensure continued operation of the existing lift stations. Task Order UOS-ll-l includes the following components: . Task 1 - Preliminary Design . Task 2 - Utility Locates . Task 3 - Survey Services . Task 4 - Final Design . Task 5 - Permitting . Task 6 - Bidding · Task 7 - Construction Services FISCAL IMPACT: A 5% contingency is recommended to provide for unforeseen conditions and the directional bore anticipated for pipe installation under Military Trail. Funds are available in Account No. 401- 5000-590-96.04 SWRI03. Task Order #U05-11-1 $ 87,355.00 Pro osed 5% Contin en $ 4,367.75 Total A ro riated Funds $ 91,722.75 SoIBULLETlN\FORMSIAGENDA ITEM REQUEST FORM,DQC ((( )- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Sanitary sewer services provided by the City are increasing continuaUy from the rapid growth and development in this area, placing heavier demands on Pump Station 801. Due to the deterioration of this 30-year old section of to-inch cast iron force main and the reoccurring repairs, there is no alternative. -4"-' ~j,!,-~ "hi,.,. ~,O'-~ ~ N~eslo M. Gomez I . Kurt B sner Interim Utilities Director City Manager Q Utilities Department Department Name Resources Attachments: Three (3) original task orders bc: Nem Gomez, Interim Utilities Director ~Paul Fleming, Sr. Project manager Tony Lombardi, Wastewater Collection Supervisor Barb Conboy, Manager, Utilities Administration File SoIBULLETIN\FORMSlAGENDA ITEM REQUEST FORMJXlC 1 RESOLUTION NO. R05- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING EXECUTION OF TASK ORDER NO. 6 U05-ll-1 TO LBFH, INC., TO PROVIDE 7 PROFESSIONAL ENGINEERING SERVICES FOR THE 8 DESIGN, PERMITTING, BID PHASE AND 9 CONSTRUCTION PHASE REPLACEMENT OF 10 APPROXIMATELY 2,500 LINEAR FEET OF to-INCH 11 FORCE WATER MAIN WITHIN THE PLATINA 12 FORCE MAIN SYSTEM IN THE AMOUNT OF 13 $87,355.00, PLUS A 5% CONTINGENCY OF $4,367.75 14 FOR A TOTAL OF $91,722.75; AND PROVIDING AN 15 EFFECTIVE DATE. 16 17 WHEREAS, the Platina force main system extends along Boynton Beach Boulevard 18 from the West Water Treatment Plant (WWTP), which is adjacent to the Platina subdivision 19 to PS 801, located near the intersection of Boynton Beach Boulevard and Lawrence Road; 20 and 21 WHEREAS, In July, 2004, CH2M Hill, Inc., prepared a technical memorandum 22 under separate task order that provided an evaluation of the Platina force main system, 23 options for repairs to the system, and options for disposal of membrane concentrate from the 24 WWTP, That memorandum recommended replacing the older lO-inch cast iron portion of 25 the force main with 12--inch pipeline utilizing open cut and/or directional drill methods; and 26 WHEREAS, the Utilities Department and LBFH have developed a detailed scope of 27 services that outline sub-tasks required for this project, which consists of seven (7) sub-tasks 28 to accomplish the necessary improvements, as follows: 29 . Task I ~ Preliminary design 30 . Task 2 - Utility locates 31 . Task 3 - Survey services 32 a Task 4 - Final design 33 a Task 5 ~ Permitting 34 a Task 6 ~ Bidding 35 . Task 7 - Construction services S:\CA\RESO\Agreements\Task . Change Orders\LBFH Task Order U05.1 1.1 ,doc 1 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 5 being true and correct and are hereby made a specific part of this Resolution upon adoption 6 hereof. 7 Section 2, The City Commission of the City of Boynton Beach, Florida does 8 hereby authorize and direct the approval and execution of Task Order U05-11-1 to LBFH, 9 Inc., in the amount of $87,355.00, plus a 5% contingency of $4,367.75 for a total 10 appropriation of $91,722,75, to provide professional engineering services for the replacement 11 of the IO-inch cast iron force main located within the Platina force main system. 12 Section 3. This Resolution shall become effective immediately upon passage. 13 PASSED AND ADOPTED this _ day of February, 2005. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ATTEST: 31 32 33 City Clerk CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\RESO\AgreemenlsITask - Change OrdersllBFH Task Order U05-11-1.doc Task Order No. U05-11-1 Engineering Services for Design, Permitting, Bidding and Construction of the Platina Force Main Replacement Project A. Background The Platina Force Main system extends along Boynton Beach Boulevard from the City of Boynton Beach's (CITY'S) West Water Treatment Plant, which is adjacent to the Platina subdivision, to Pump Station #80 I (PS 80 I), located near the intersection of Boynton Beach Boulevard and Lawrence Road. The force main system is comprised of approximately 4,500 linear feet (LF) of 10" and 12" pressurized piping and 2,500 LF of 18" and 21" gravity sewer for a total length of approximately 7,000 LF. Portions of this force main system are approximately 30 years old. There are 10 lift stations that discharge into the Platina force main system, Adjacent subdivisions also discharge wastewater via gravity sewers into the 18" and 21" gravity portion of the system. The CITY has had to make repairs to a portion of the force main system due to the deterioration of the piping, most likely caused by hydrogen sulfide gases and/or lack of cathodic protection. As a result, it is the CITY's desire to replace an older portion of the force main system, which is susceptible to further deterioration. The Platina force main system includes a segment of older 10" cement lined cast iron pipe approximately 2,500 LF in length that is located between newer sections of 12" ductile iron and PVC piping. The newer 12" PVC portion of the force main system discharges into an 18" gravity pipe at a manhole. From there the wastewater is conveyed east via 18" and 21" gravity sewers, which discharges into PS 80 I. In July 2004 CH2M Hill, Inc. submitted a technical memorandum to the CITY that included an evaluation of the Platina force main system. The Memorandum included an evaluation of options for repairs to the Platina force main as well as options for disposal of membrane concentrate from the West WTP during periods when the deep injection well is out of service for mechanical integrity testing. Because the Platina force main system has been used to convey the concentrate during MIT testing in the past, it was also evaluated as a means for conveying the concentrate during MIT testing. Recommendations of the Technical Memorandum include replacing the older 10" cast iron portion of the force main with a 12" pipeline utilizing open cut and/or directional drill methods. The Memorandum also recommends that the WTP concentrate be pumped to a different force main system as the Platina force main system cannot accommodate the periodic additional flows. Based on the recommendations included in the aforementioned Technical Memorandum and direction provided by the CITY, LBFH, Inc is herein providing our proposal to provide the engineering services necessary to replace the 10" cast iron portion of the existing force main with a 12" force main. The scope of work includes preliminary design, survey, final design, permitting, bidding and engineering services during construction. It is assumed that the C:\DOCUMENTS AND SETTINGSIFlEMINGP\LOCAl SETTINGS\TEMPORARY INTERNET FllESIOLKB84\12 INCH PLATINA FM PROPOSAL REV4.DOC design of the force main used to convey the WTP concentrate for disposal during the MIT will be conducted under a separate Task Order. B. Scope of Service This scope of service provides for the design, permitting, bid phase and construction phase services for the replacement of approximately 2,500 LF of 10" cast iron force main with 12" PVC and/or HOPE force main. The scope will include an evaluation of the method of construction for the installation of the new force main as well as hydraulic modeling necessary to ensure continued operation of the existing lift stations. An engineers cost estimate for the construction of the portion of the force main is also included in this scope of services. This project will include the following components: . Task 1- Preliminary Design · Task 2- Utility Locates . Task 3- Survey Services . Task 4- Final Design . Task 5- Permitting . Task 6- Bidding · Task 7- Construction Services Task 1 - Preliminary Design Task 1.1 - Kickoff Meeting and Site Inspection LBFH, Inc shall conduct a kickoff meeting with CITY staff to discuss the criteria used in selecting piping materials, methods of construction and location of the proposed main. This Task also includes a review of record drawings of the existing force main and other utilities as made available by the CITY. LBFH Inc. will conduct a site inspection to verify existing conditions and utilities as they compare to those shown on the record drawings, Minutes of the kickoff meeting will be provided. Task 1.2 - Hydraulic Modeling In order to ensure that the existing lift stations connected to the Platina force main system continue to operate properly with the proposed force main replacement it is recommended hydraulic modeling be conducted. LBFH, Inc will develop the hydraulic model using WaterCad by Haested Methods and run up to five separate scenarios to check the operation of each of the nine (9) lift stations connected to the system. A preliminary design report will be submitted which will include results of the modeling. Existing pump data will be taken from the CH2M Hill, Inc. Technical Memorandum dated July 2004 and from information provided by the CITY. Existing record drawings will also be used for developing the model. It is anticipated that the Technical Memorandum will be approximately three (3) pages in length. Task 2 - Utility Locates LBFH Inc. will provide the services of a company who will locate underground utilities during the design phase. This Task includes contacting utility companies who may have P:\04-0406\PROPOSAL\l2 INCH PLATINA FM PROPOSAL REV2.DOC 2 utility lines within the pipeline corridor, reviewing record drawings provided by the utility companies and flagging or marking the utilities in the field, If necessary, ground penetrating radar (OPR) or electromagnetic locating will be used to locate utilities. Also, if necessary, a maximum of five (5) potholes will conducted to verify the depths of utilities. Task 3 - Survey Services Information obtained from Task 2 will help in identifying the most feasible route for the proposed 12" force main. Once the proposed force main alignment is established, LBFH Inc. will perform the following: 1. Conduct a topographical survey of the proposed pipeline route along Boynton Beach Boulevard from the West Water Treatment Plant to Lift Station #905, or approximately 800 LF east of the intersection with Military Trail. The total length of the survey is anticipated to be 3,000 LF maximum. The survey will include all improvements from the centerline of Boynton Beach Boulevard to the right-of-way line on the north side only. The survey will include the following: a Vertical and horizontal information for all above ground improvements including, but not limited to, light poles, power poles, traffic signals, signs, edge of pavement, curbs, valves, gutters, drainage structures, drain pipes, hydrants, manholes, mail boxes, etc. . Invert elevations of all gravity sewers, drain pipes, etc. that are accessible. . Locate flagging and markings of location of underground utilities. . Details at the intersection of Military Trail and Boynton Beach Boulevard (i.e, curbs, edge of pavement, signage, etc.). . Locate right-of-way lines. a Cross section at 100-foot intervals . Establish benchmarks in NOVD 29 datum at 1000-foot intervals . Establish survey baseline 2, Prepare an engineering base map with State Plane coordinates for aerial photo overlay for use in developing construction drawings. Task 4 - Final Design of Proposed Force Main The final design will include plans and specifications for the construction of approximately 2,500 LF of 12" force main that will replace the existing 10" cast iron portion of the Platina force main. The proposed 12" force main will extend from the existing connection of the 12" ductile iron pipe on the west end to the existing connection to the 12" PVC pipe on the east end, which is in close proximity to LS #905. Methods of constructing the force main will be dependent on existing utilities within the corridor. The design will be developed to minimize impacts to the traffic in this heavily congested area. Options for installing the pipe will include open-cut, horizontal directional drill and/or by jack-and-bore methods. The crossing of Military Trail will require one of the aforementioned trenchless methods of construction. The design will also include details for tie-ins to the existing force mains and lift stations as well as the abandonment of the existing 10" cast iron pipe. The existing pipe will be abandoned by filling it with grout. P:\04-0406\PROPOSAL\12 mCH PLATINA PM PROPOSAL REV2.DOC 3 LBFH Inc. will determine the best route for the proposed force main and coordinate the vertical and horizontal alignment with other utilities and structures based on the survey data and right- of-ways. Sixty percent (60%) design drawings and specifications will be developed and two (2) sets will be submitted to the CITY for review. LBFH Inc. will meet with the CITY to review the comments on the 60% plans and specifications. LBFH Inc, will prepare the 90% drawings and specifications including the design of the crossing of Military Trail for submission to the CITY Two (2) sets will be submitted. LBFH Inc. will edit drawings based on the CITY's comments and prepare 100% plans and specifications. This final design set will include the preparation of final construction drawings with specifications and other required contract documents, including the bid form, ready for bidding. Four (4) sets of the final design drawings will be submitted to the CITY LBFH Inc. will develop an engineers opinion of probable construction cost and submit it with the 90% submission, It is anticipated that there will be a total of six (6) sheets, including cover, three plan and profile sheets and two detail sheets. Plan drawings will be at I" = 30' scale and profiles will be provided at I" = 3' scale. The profile of the horizontal directional drill portion of the main may be at a slightly larger scale. This Task also includes preparation and attendance at one meeting with the local community residents and businesses and one Commission meeting. Task 5 - Permitting LBFH will prepare and submit the following construction permit applications: . Palm Beach County Health Department (PBCHD) Application for Constructing a Domestic Wastewater CollectiontTransmission System · State Department of Transportation Right -of-Way Permit . City of Boynton Beach Right -of-Way Permit · Palm Beach County Right-of-Way Permit LBFH Inc. will follow up with each agency during the review process on a regular basis in efforts to keep the project on task, and respond to their review comments and modify the plans as necessary. Drawings will be submitted to other utility agencies for coordination as part of the permitting process. Permit application fees are not included and are assumed to be paid by the CITY LBFH Inc, has assumed 12 hours total to respond to review comments from the agencIes. P:\04-0406\PROPOSAL\12 INCH PLA TINA FM PROPOSAL REV2_DOC 4 Task 6 - Bidding Bid phase services to be performed by LBFH will be consistent with the guidelines in the "Standard Procedures and Functions for Consultants, Procurement Services, and the Project Management Team" provided by the CITY. LBFH Inc. will provide copies of the contract documents for construction of the 12" Platina Force Main Replacement project to interested parties. LBFH lnc, will maintain a list of plan holders and will answer questions regarding the project. LBFH will provide technical information to the CITY for issuance of addenda, if necessary. Addenda will be issued by the CITY's Procurement Department. LBFH will participate in the pre-bid meeting. This Task also includes attending the bid opening and evaluating the bids presented at that opening, including contacting references, LBFH Inc will prepare a recommendation of award for the construction contract and submit it to the CITY for final approval. Task 7 - Construction Services LBFH Inc, will work with CITY staff to provide signed and conformed contract documents. Other services during construction to be provided include: · Attend the pre-construction meeting . Review and distribution of shop drawing submittals a Review and respond to contractor's information request (RFI's) during construction · Review and approval of periodic Contractor pay requisitions . Conduct full time construction observation to evaluate the Contractor's compliance with the intent of the Contract Documents (10 weeks construction, 5 days per week at 9.5 hours per day (inc. travel time) = Field Rep @ 47.5 hrs/week including travel time) · Attend progress construction meetings as necessary and distribute meeting minutes. RPR will attend weekly meetings and the project manager will attend monthly (or other) meetings a Review and respond to change order requests submitted by the contractor · Review of record drawings based upon information provided by the contractor's surveyor a Generate and administer punchlist at substantial completion and for final completion . Providing final certification to permit agencies C. Additional Services LBFH Inc. will provide additional services beyond the scope as authorized by the CITY as an amendment or as a separate task order. Additional services may include, but not be limited to: . Geotechnical evaluation of the soils in the vicinity of the proposed force main replacement (i.e. borings, etc,).F P:\04-0406\PROPOSAL\12 JNeR PLA TINA FM PROPOSAL REV2.DOC 5 · Hydraulic modeling of portions of the CITY's force main system downstream of PS 801 or any portion of the gravity collection system. . Developing or obtaining necessary easements for the force main. · Assisting the CITY in construction contract claims. D. Assumptions The following assumptions have been made in preparing this scope of services: . The CITY will assist LBFH in providing record drawing information and obtaining information relative to the existing Platina Force Main lift stations and their pumps. · The CITY will locate (flag or mark) utilities within the proposed pipeline corridor for which they are responsible (i.e. sewer, water). · A maximum of 5 scenarios will be run with the hydraulic model. . The CITY will review deliverables in a timely manner and will be available to meet to discuss these deliverables. · The CITY will provide LBFH with an electronic copy of the "front-end" contract documents. · The CITY will provide LBFH with an electronic copy of their Standard details in AutoCAD format. · Procurement of dewatering permits will be the responsibility of the contractors. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2003 between the City of Boynton Beach and LBFH Inc. E. Compensation Compensation by the CITY to LBFH Inc. for services provided in this Task Order will be a lump sum (Tasks 2, 3, 4 and 6) and time and materials (Tasks 1, 5, and 7) basis in accordance with the above mentioned Agreement. The estimated compensation for the services described in this Task Order is $87,355 as shown in Table L P:\04-0406\PROPOSAL\12 INCH PLA TINA FM PROPOSAL REV2.00C TABLE 1 Platina Force Main Replacement Project C' f h Ity 0 Bovnton Beac Labor Labor Cost Expense Cost (Sub- Total Hours Consultants and Direct Expenses) Task 1 Preliminary Design (T &M) 47 $4,470 $4,470 Task 2- Utility Locates (LS) $5,600 $5,600 Task 3- Survey Services (LS) 145 $11,610 $11,610 Task 4 - Final Design (LS) 230 $18,985 $18,985 Task 5 - Permitting (T &M) 45 $3,685 $3,685 Task 6 - Bidding Services (LS) 34 $2,720 $2,720 Task 7 - Construction Services 609 $37,785 $37,785 (T&M) Direct Expenses (T &M) $2,500 $2,500 TOTAL 1,110 $79,255 $8,100 $87,355 F. Schedule LBFH will commence services upon receipt of written authorization and will complete the work according to the table below. Task 1 - Preliminary Design 3 Weeks from NTP Task 2- Utility Locates 4 Weeks from NTP (dependent upon Utility Company responses) Task 3- Survey Services 6 Weeks from NTP Task 4 - Final Design 12 Weeks fromNTP Task 5 - Permitting Submit Applications 12 Weeks from NTP Task 6 - Bidding Services 16 Weeks from NTP (assumes permits received) Task 7 - Construction Services Construction Duration Anticipated at 20 weeks total from NTP to Close-out NTP~ Notice to Proceed P:\04-0406\PROPOSAL\12lNCH PLA TINA FM PROPOSAL REV2.DOC 7 APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this _ day of ,2005. SUBMITTED BY: LBFH, INe. By: Sjty;tl (j ~cott ECkle:J,.E. Vice President Dated this ifltdayof 7/t1'/tU1..f I ,2005. P:104-0406\PROPOSAL\12 INCH PLA TINA F!\II PROPOSAL REV3.DOC 8 ..~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.I0. Requested City Commission Date Final Form Must be Turned Requested City Commission Meetin2 Dates in to City Clerk's Office Meetlne Dates 0 December 7. 2004 November 15, 2004 (Noon.) 0 February 1,2005 0 December 21, 2004 December 6, 2004 (Noon) 1:81 February 15, 2005 0 Jannary 4. 2005 December 20, 2004 (Noon) 0 March 1, 2005 0 January 18, 2005 Jannary 3, 2005 (Noon) 0 March 15,2005 Date Final Fonn Must be Turned m toCitvClerl<'sot!i<:e Jannary 17,2005 (Noon) January 31, 2005 (Noon) February 14, 2005 (Noon)~') .-"; -.\ February 28, 2005 (Noon) , - ~.- , f'.) 0 Administrative 0 Development Plans -,..] NATURE OF 1:81 Consent Agenda 0 New Business -'" , . AGENDA ITEM 0 Public Hearing 0 Legal CJ 0 Bids 0 Unfinished Business (>) (,..) 0 Announcement 0 Presentation 0 City Manager's Report , )'11 :~I) ~.:;l ,;; --i '.1 (,=, ..q- -,",C'J .:..;. rr' c-,.,> (.'l~J ~ RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Homrich Corpo...tion for the property at 1018 Highland Rd, Lake Worth, FL (Ridge Grove LT 54). EXPLANATION: The parcel covered by this agreement will include a single-family bome located in the San Castle/Ridge Grove project area. Only potable water is availablc for connection to tbe propcrty at tbis time due to recent water main improve- mcnts constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this strcet, allowing for the service to this parcel. No additional construction will be required by the City to serve this property, FISCAL IMPACT: None Department Head's Signature City Manag , Signature Ut, /,fltJ Department Name City Attorney I Finance I Human Resources XC: Peter Mazzella Michael Rumpf, Planning & Zoning Anthony Penn File (wi copy of attachments) " " " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ] RESOLUTION NO. ROS- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE 8 CITY OF BOYNTON BEACH AND HOMRICH 9 CORPORATION; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 ater and sewer service area, located at 1018 Highland Road, Lake Worth, Florida (Ridge 14 rove, Lot 54); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 located in the San Castle/Ridge Grove project area; and 17 WHEREAS, a water distribution main has recently been completed on this street, 18 vicinity, allowing for the service to this parcel; and 19 WHEREAS, no additional construction will be required by the City to serve this 20 roperty. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section L 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 hereby authorizes and directs the City Manager 27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 28 Homrich Corporation, which Agreement is attached hereto as Exhibit "A". 29 30 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\Water Service\l-Iorrnich 1018 Water Service Agreement.doc I 2 3 PASSED AND ADOPTED this _ day of February, 2005. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 11ayor 11 12 13 Vice 11ayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 Attest: 24 25 26 City Clerk 27 28 S:\CA \RESO\Agreements\Water Service\Honuich 1018 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 SERVlCE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TillS AGREEMENT made on this day of ,200--, by and between Ho m r; c.h Co rf& (dl 0 YI - hereinafter caJJed the "Customer", and the CITY OF BOYNTON BEACH, mumClpal corporation of the State of Flonda, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: I. The City agrees to provide Customer with water service from its Municipal Water System to service the real property descnDed as follows and which Customer represents is owned by .Customer: (Exlu"bit A) 2. The Customer and the City hereby agree that there are rl Equivalent Residential Connections which City shaII service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the fucilities 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 confonnance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform 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 shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other fucilities extended from the City Water Distnbution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be su~ect 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 infurm 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 defunse or bar to the City's rights as set furth herein. The Customer acknowledges that the consideration ofinitiaIly 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, impairment or termination in water service to be provided under this Agreement due to any prohtbitions, 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, impainnent or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casuahies or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnifY, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses inchtding reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resuhing 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. iJ<. /:' IN WITNESS WHEREOF zlhe parties hereto have set their hands and seals this ~ day of ) tl f\ utlll,\ ,2000. WITNESS: TION AS OWNER(S): W' Signature ~ ~/I/,<:'_ 1(/17 Printed itness Name . Pre' e 's Signature (~~ ~dl'" Printed Presi nt's Name ..~v' Witness Signature ~e )W\C\. y. Printed Witness Name ~ 11\\; 1)~R 3 ~ &L ~:'1 . e Signature Vice President/Secretary's Signature ~tJ.t:.Lu/c ~v..vo r!.f=<!II..If~ f-(-nhR'IC-It- -- Printed Witness Name Printed Vice President/Secretary's Name ~,f(ko. y. Qk Witness Signature 1k:\ \N\cx. V. m; /Je ( Printed Witness Name (CORPORATE NOTARIZATION) FOR CORPORATE 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 ~d in the County aforesaid to talce ac~owledgments, personally appeared ~ 0(2!, C' Ho m e. Id, a (Id (ec I / Ie( t/o Jn~1( h to me known to be the pe n(s) escnbed m and who executed the foregomg mstrument that he/she acknowledged befure me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: ;:: /L? Ii' ,;./"" ,{};e )tJ 1'12 s' -/,(1",';r s (' .s . --t> WITNESS my hand and official seal in the County and State last aforesaid this \,) un 144" J ' 200!) (Notaty,~~). Barbara M. Madden $~r~\Commi.ssion # DD125274 g ", 1.. = Expire; July 19. 2006 ':.~'t :0:::.= de<! __. ~""./:';;;:;: {If..~ 'Bon uuu. ",f OH\~.., A1lantic !onding Co., IDe. ''''11\\ If [A dayof '-~~U4~ /It . /Ii a-~.' Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ATTEST: City Clerk STATE OF FLORIDA ) 4 ) 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 , City Manager and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence oftwo subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this ,200_" day of (Notary Seal) Notary Public Approved as to form: City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Cherof. Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF 'Po..ll-v\. &r. ch.. IrNe, t+Orr-. r-tc.L C ()rpt.lro..JL~ K ,hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: CO-Lf3-l/S--o'1-0g -000 - o!;;LfO The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 19f1" day of - , \o.n \.( tLr r-' 20 <,.s: and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the --~ day of J tin Ii L ti ct , in the year two thousand and F I-t!. . ~ Sealed and deli red in the presence of /(/4 f,c;E.... Printed Witness Name ~O~.~ Witness Signature k\1MO V. fV\,) )e'( Printed Witness Name :AJ rinted Witness Name f!..et--l~'2.. ~ Secretaryl Vice President's Signature (!,rr"-, ~ l-k M ~ Ie.. Printed Secretaryl Vice President's Name v~O- V Witness Signature \J;'\ VV\C\ J ' Printed Witness Name ~ M ~ l'p'C of STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) ~THE FOREGOING INSTRUMENT was acknowledged before me this / It tkday JUr1tUi/tj , 200S-; by 1fN'Jc<iJ1f'c.j,'.cflC'InR/rJr and ,who re known to me or who have produced , as identification and who did/did not take an oath. GlL...<-h(~ A. NOTARY PUBLIC III a. .(:~{~.... Type or Print Name Commission No. ...\\111/1/1 B b ~..\~y P(J.~/'-', ar ara M. Madden - ~ii .. Co '. ?t/ ;. ~ ~lOn # DD125274 ~.,;.~ s~ ilj!Het J.41 .1.::1, 2006 ",/ Or f\Cff.....:< Bonded Thru "'11111\'" Atlantic Bonding Co.. Inc. My Commission Expires: POA.IND Palm Beach County Property Appraiser Property Search System Page 1 of2 Location Address: HIGHLAND RD t... VJewM,,!? J ~ ~'.~...cl............ . Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-08-000-0540 Subdivision: RIDGE GROVE IN Official Records Book: 16269 Page: 1093 Sale Date: Dec-2003 ~"gal D!;:sqiotlon: RIDGE GROVE LT 54 Owner Information Name: HOMRICH CORPORATION Mailing Address: 501 NE 3RD 5T BOYNTON BEACH FL 33435 3836 ~~u~ '," )!iill'",~ tN," Sales Information Sales Date Book/Page Dec-2003 1.!;26.9/HI.93 Mar-2003 1~Q':;6JJ1):l;! Jun-1994 l!i_056jU~J) Price 5iilJeTllP.<1 Owner $9,000 WARRANTY DEED HOMRICH CORPORATION $9,000 WARRANTY DEED HOMRICH GEORGE $10 QUIT CLAIM TOMILEN WILLIAM [ Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: I..!.se CQde: 0000 2004 2003 2002 o 3337 3337 o 3000 3000 o 3000 3000 Tax Year 2004 Number of Units: 0 'Total Square Feet: 0.00 Description: VACANT * in residential properties may indicate living area. A d dT bl V I r sse sse an axa e a ues Tax Year: 2Q04 ;2003 ;2002 Assessed Value: $3 337 $3 000 $3,000 ~"~I Exemption Amount: $0 $0 $0 Taxable Value: $3 337 $3 000 $3,000 T VI ax a ues Tax Year: 2004 20Q3 2002 ~.lliij Ad Valorem: $65 ..i.59 $0 Non Ad Valorem: $0 ..i.0 $0 k_:illjl~ll!lillli!,j;!".il Totat Tax: $65 $59 $0 lus!~!l5l<~i,C;,I~!.:i.t\1i11 b~"Jmjil88~ NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option In the browser to print the detail on one page. l~ecord_5Qqrct1 IlnfofJ.TI~]1i~)!) 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""" 01101) ..00 .... .... 0070 _...L.._____ I , i J.___~j. _________j .... Palm Beach County Property Map Map Scale 1:844 Copyrigbl Palm Beach ('.....ty 2003 All Rights RCSCI'Voo - Subject to a License Agreement :Map produced on 1/25/2005 &om PAPA http://gisweb.co.palm-beach.fl.uslipapagis/presentationlmapping/printnew.asp?MAPURL=...1/25/2005 Jo. I i """' 02lIlI =. """' -_____.1 Legend c::::J Parcel s.....d8Iy 11121 I Lfltllllll1Nlr VI.-CONSENT AGENDA ITEM C.11. ~. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission MeetiD1l Dates in to City Clerk's Office Meetimz Dates 0 December 7, 2004 November 15, 2004 (Noon.) 0 February I, 2005 0 December 21, 2004 December 6. 2004 (Noon) ~ February 15,2005 0 January 4, 2005 December 20, 2004 (Noon) 0 March I. 2005 0 January 18, 2005 January 3, 2005 (Noon) 0 Marclt 15.2005 Date Final Form Must be Turned m to City Clm's 0tIke January 17,2005 (Noon) Janwuy 31, 2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (Noon) 0 Administrative 0 Development Plans ',:" NATURE OF ~ Consent Agenda 0 New Business f'-' AGENDA ITEM 0 0 -J Public Hearing Legal 0 Bids 0 Unfinished Business -0 0 Announcement 0 Presentation ("..) 0 City Manager's Report c..) Iv RECOMMENDATION: Motion to approve and autborize signing of an Agreement for Water Service Outside tbe City Limits with Homricb Corporation for tbe property at 1026 Higbland Rd, Lake Wortb, FL (Ridge Grove L T 53). . , n ";' -..., .::i-< .~.:) ) '1 . <.'] i:.:J ,.)----l -' C) :.~~ "r:..? -''':Pl nJ> i"'i('") :z: EXPLANATION: Tbe parcel covered by this agreement will include a single-family bome located in the San Castle/Ridge Grove project area. Only potable water is available for connection to the property at tbis time due to recent water main improve- ments constructed by Palm Beach County as part of a neigbborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main bas recently been completed on tbis street, allowing for tbe service to this pareel. No additional construction will be required by tbe City to serve tbis property. FISCAL IMPACT: None TfVES: None. Tbis parcel is witbin the Utiliti s Department Head's Signature City Manager's Si ture U fll.fn r Department Name City Attorney I Finance I Human Resources XC: Dale Sugerman Peter Mazzella Michael Rumpf, Planning & Zoning Anthony Penn File (wi copy of attachments) " " " S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC 23 1 RESOLUTION NO. R05- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE 8 CITY OF BOYNTON BEACH AND HOMRICH 9 CORPORATION; PROVIDING AN EFFECTIVE DATE. 10 II 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 1026 Highland Road, Lake Worth, Florida (Ridge 14 Grove, Lot 53); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 located in the San Castle/Ridge Grove project area; and l7 WHEREAS, a water distribution main has recently been completed on this street, 18 vicinity, allowing for the service to this parcel; and 19 WHEREAS, no additional construction will be required by the City to serve this 20 property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 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 hereby authorizes and directs the City Manager 27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 28 Homrich Corporation, which Agreement is attached hereto as Exhibit "A". 29 30 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\Water Service\Homrich 1026 Water Service Agreement.doc 1 2 3 PASSED AND ADOPTED this _ day of February, 2005. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 11ayor 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 S:\CA\RESO\Agreements\Water Servicc\Homrich 1026 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 ANNEXATION ~S AGREEMENT made on this day of ,200--> by and between VY1 V-;dl (' ov-~ora.+I-;'Y1 hereinafter called the "Customer", and the CITY OF BO TON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property descnbed as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are U Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and tees of engineering, material, labor, installation and inspection of the fucilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either 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 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 cOlmections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other fucilities extended from the City Water Distn'bution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to acconnnodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliverto the City anIrrevocable 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 eligI'ble under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's fuiIure to provide such notice shall not constitute a defunse or har 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, impairment or termination in water service to be provided under this Agreement due to any prolnbitions, 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 tennination of water service due to acts of God, accidents, strikes, boycotts, blackouts, :fire, earthquakes, other casuahies or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indeIllIlifY, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgroent collection) and costs rising out of or resuhing 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 WIlNESS WHEREOF, the parties hereto have set their hands and sea1s this ~ of Ja(l(,(alL/~ ,20Q-:> . WITNESS: OWNER(S): f/{ - (~~f:.J...If'/--tS HJIht'/AJ Printed Witness Name V.~cx V'~ ~~T:S:turv. ft{: il e ~ Printed Witness Name 3 /!. J J "-'..i '~~.~'<" Vice President/Secretary's Signature ~~'-'" f/ol-1tC-;c..~ Printed Vice President/Secretary's Name ~~ V,~ Witness Signature \]e-\'vY\0\ ry, ~\;) )p\, Printed Witness Name (CORPORATE NOTARIZATION) FOR CORPORATE NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesai to take acknowledgments, personally appeared a 'fie . ",' 'I (' f ,';: .' 0 in e i c 0 to me known to be the perso (s) de in and who executed the foregoing instrument that he/she acknowledged befure me that he/she executed the same; YJat the individual was personally known to me or provided the following proof of identification: I~ If) /2;~ JJI<.,'// f /C s' L, 'I: 't'/7 S "'S . WITNESS my hand and official seal in the County and State last aforesaid this /7 ~day of .-.----'. ..- Ja/l"'<r/l) ,200? (Notary Seal) \\\111111, Barbara M. Madden l~hi"1 P~~"~commission # DD125274 : "f 1";; Expire; July 19. 2006 :.~~ iCS.:: de<! --. -:'~""'" 'R:'~ BOD lJ,11.... ...."E OF'f\.C{,'" Atlantic Bonding Co., Inc. 1'11111\' ~I-l./tt~... Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ATTEST: City Clerk STATE OF FLORIDA ) 4 ) 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, personaIly appeared , City Manager and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscnbing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this ,200_. day of (Notary Seal) Notary Public Approved as to form: City Attorney 5 THIS INSTRUMENT PREPARED BY: James A Cherof, Esquire Josias & Goren, P A 3099 East Commercial Blvd. Suite 200 Ft. lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF -.RJ W\ 15et'-J.. I/We, -ItOVV\ ~lJ,- (()r~r",-tl"~ , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: 00 - L(?:, - (jr;: - 09 -0 ~ - Qct?- 05,,$0 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 14 ~ day of ~VllA fA.ry , 20~ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the I q UC day of 'Ii ~<-) , in the year two thousand and F: u-( Sealed and delivered in the presence of vJ/d President's Slg re r,:e O~;~V>/ iWvrYl/'IOL Printed Preside s Name \ Vclw"o.. V. 1IMj) 2" ,- Witness Signature . nature ~~L Secretaryl Vice President's Signature Wd ~/'-,~ !-f.3H~'''-~~ Printed Secretaryl Vice President's Name \ ~-Q~ Vr ~ Witness Signature ~) ~O\ --J. (\, \ Ue '(' Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) of _JHE FOREGOING INS'!HUMENT was acknowled,9edl>E;fore me this J c; L./'day J?t'lk4.~1 ' 200\, by ~r'l'''~'f 't-(ec,I,C{ HC:OltHl.)ct/ and , who eJre kn wn to me or who have produced , as identification and who did/did not take an oath. ~<-+"- fit. A k.-L?:~ NOTARY PUBLIC \\,.~IIl!"1 Barbara M. Madden ,\ ~.~"iJ " .' ~/'~"'~"" Commission # DD125274 tt(&'i':;~ Expires July 19, 2006 ~-'. .'~" Oonded--' ....""'....;--. ';)~.:- uuu ....'f/~~l~~\\.... Atlantic Bonding Co., Inc. Type or Print Name Commission No. My Commission Expires: POA.IND Palm Beach County Property Appraiser Property Search System Page 1 of I Information Location Address; HIGHLAND RD b'Lill~~~jjJ Municipality; UNINCORPORATED Parcel Control Number; 00-43-45-09-08-000-0530 Subdivision: RIDGE GROVE IN Official Records Book: 16269 Page: 1093 Sale Date: Dec-2003 l.<i!g"ID.,s<:;rijltion: RIDGE GROVE LT 53 Owner Information Name: HOMRICH CORPORATION Mailing Address: 501 NE 3RD ST BOYNTON BEACH FL 33435 3836 l;ilijph;;;;M;~gjilliliilll Sales Information Sales Date Book/Page Dec-2003 19Z6~/IQ93 Price Sale Type Owner $9,000 WARRANTY DEED HOMRICH CORPORATION Exemptions Exemption Information Unavailable. Appraisals Tax Vear: Improvement Value: Land Value: Total Market Value: use COd",; 0000 2004 2003 2002 Tax Year 2004 0 0 *Total Square Feet: 3,998.81 0 0 0 Acres: 0.0918 0 0 0 Description: VACANT * in residential properties may indicate living area. Assesse an axa e a ues Tax Year: 2004 2003 2002 Assessed Value: $0 50 $0 I~~ Exemption Amount: 50 50 $0 Taxable Value: 50 50 $0 d dT bl V I r Tax Values Tax Year: 2004 2003 2002 ~~ Ad Valorem: 0 $0 $0 Non Ad Valorem: 0 $0 $0 LRillR;jj~iJ.;;iJ Total Tax: 0 $0 $0 UL~u~.tDr'n;nJ [;i;R_BiellRl:;L] NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Record ':iCtll'Ch I Info:maticil I f:xemptions I ComYlunit:y' I bnpiqynKnt I NI>N Horne E3uyu I Offjce Lo;::atiQi)S Vd!UC Ad]Ustn1cnl' Buard J ;;a')~~ OUr HqmC5 I Scnior Cone I Disc.1ainv" Hornc~ I L if;!'.:'; I Gicssary I f-!\Q J fO!TnS I Contact: Us ! Pi,Pi\ :D 2004 Paim Beach County Property Appraiser. http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p_entity=0043450908000...1 124/2005 10 1 in. = 122.9 feet 1 I -----J " 0730J';fj ,.. 0150 0140 1690 1560 0130 0120 60 59 0571 0560 0110 0100 91 51 54 55 0080 08 26 0070 35 1380 0050 ._.__..~---.~ 0200 0220 24 25 1561 0030 1580 0100 0080 07 08 01 m ffi 00200010 00200010 0030 0040 0020 0010 0030 0040 ffi En 02 01 00200010 0030 0040 /gr" , , , . , , Location Map - "Exhibit A" I 00.. ..... <13&. . .... .... j .... <>= * Page I of] Gary R. Nikolits, CF A Palm Beach County Property Appraiser Property Mapping System ..71 .... i ! i ,I , i I Seatctl ...._DlIitalls Parcel Control Number 100434509080000530 Go (eg.74434322120080010) ~Street Intersection I I and I Go rl~~~aMun~iIy ~ I I.Range, Township, Sectioni LR 1353 T G 5 G ---.J ; 0200 : . - -- .... ..... 0210 OZ70 0200 ! Legend CJ ........ B.....dery 1"21 IltIl- i wi , , , r- , .,. , i I i Palm Beach County Property Map Map Scale 1 :844 Copyright Pabn Beach County 2003 All Rights Reserved M Subject to a License Agreement Map produced on 1/2512005 &om PAPA http://gisweb.co.palm-beach.fl.uslipapagis/presentationlmappinglprintnew.asp?MAPURL=...1/2512005 ~\ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.12. Requested City Conunission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned m Meetiml Dates in to City Clerk's Office MeetinllDates to City Clerk's Office 0 December 7, 2004 November 15, 2004 (Noon.) 0 February 1,2005 January 17,2005 (Nooo) 0 December 21. 2004 December 6, 2004 (Noon) ~ February 15,2005 January 31, 2005 (Noon) 0 January 4, 2005 December 20, 2004 (Noon) 0 March I, 2005 February 14, 2005 (Noon) 0 January 18, 2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Nooo) :". o '~l:"~ ~-< --<C) ''1-l1 'CG - .::::) ~ -< NATURE OF AGENDA ITEM o Administrative ~ o o o o Consent Agenda Public Hearing Bids o Development Plans o o o o New Business Legal Unfinished Business f',) -j -:1 . /) ~_'_I -) ~-; <....J --,,-- '~-~co c.) -':r'Tl "1> RECOMMENDATION: N "iO Motion to approve and autborize signing of an Agreement for Water Service Outside the City Limits witb Homria: Corporation for the property at 1034 Higbland Rd, Lake Wortb, FL (Ridge Grove LT 52). Announcement Presentation City Manager's Report EXPLANATION: Tbe parcel covered by this agreement will include a single-family borne loeated in the San CastlelRidge Grove project area. Only potable water is available for eonnection to tbe propcrty at tbis time due to reeent water main improve- ments constructed by Palm Beaeb County as part of a neighborbood improvement projeet. (See location map) PROGRAM IMPACT: A Water Distribution main bas reeently been completed on tbis street, allowing for tbe service to this pareel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None ALTERNATIVES: None. This parcel is witbin tbe Utilitie ~~ ./t- A.6- Cl....- Department Head's Signature atore V-I. tn-<<J Department Name City Attorney I Finance I Human Resources XC: (wi copy of attachment, Peter Mazzella Michael Rumpf, Planning & Zoning Anthony Penn File " " S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. ROS- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE 8 CITY OF BOYNTON BEACH AND HOMRICH 9 CORPORATION; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 ater and sewer service area, located at 1034 Highland Road, Lake Worth,. Florida (Ridge 14 Grove, Lot 52); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 located in the San Castle/Ridge Grove project area; and 17 WHEREAS, a water distribution main has recently been completed on this street, 18 vicinity, allowing for the service to this parcel; and 19 WHEREAS, no additional construction will be required by the City to serve this 20 property. 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 hereby authorizes and directs the City Manager 27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 28 Homrich Corporation, which Agreement is attached hereto as Exhibit "A". 29 30 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\Water Service\Homrich 1034 Water Service Agreement.doc I 2 3 PASSED AND ADOPTED this _ day of February, 2005. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 !test: 24 25 26 City Clerk 27 28 S:\CA\RESO\Agreements\Water Service\Homrich 1034 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 ANNEXATION fkTillS AGREEMENT made on this day of ,200---, by and between . I'J W\ r ~ c..l r ,y("i:)M c....:L ~ i'\. hereinafter caIIed the "Customer", and the CITY OF OYNTON BEACH, ! municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property descnbed as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are ti 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 fucilities 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 responstble for installation in conformance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other fucilities extended from the City Water Distn1mtion 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 schednles 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 infurm 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. TIris Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or tennination in water service to be provided under this Agreement due to any prolnbitions, 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 tennination 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 indellllillY, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attomeys :fues (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 11 '~ of ) an WJd) , 200~. WITNESS: ~ ~. ~ Q..,-..~ W' Signature' ----r:;;;:;f V"';:/ If/'i:- !("...,,v~ Printed Witness Name , 0J2kex V. rL~ ~d:S:turv _ fM ) I k 0 Printed Witness Name AS OWNER(S): i,~ure GcJ'}t-- lio 1"1 t/( ~ Printed President's Name 3 GaA L:... ~..l,. ignature Vice President/Secretary's Signature ........... }~1V'J!:/,..vel-{ ,Hf/#o (;e~''-IA- /1JJ.-tlf>'e..~ Printed itness Name , Printed Vice President/Secretary's Name V~ V. f~ Witness Signature \_ \}e I wtt V- t\\ \ 11e( Printed Witness Name (CORPORATE NOT ARIZA nON) FOR CORPORATE NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) WITNESS my band and official seal in the County and State last aforesaid this CJ k n fUN?} , 200::;- (Notary Seal) ....'..\~~p":!11 BiIbara M. Madden .....~'"~ "<9:.... ~~.:.--;;--;i..~~COmmiSsi.n # DD125274 :~i )..~ Expires July 19. 2006 -:...... .::;:.. d-" Tbr -:..~;-..... (;jc';:.'~ Bon ~ u ""I~~I~~\\""'" Atlantic Mnding Co., Inc. ~6-R-'u"--- ft, . Notary Public III t<A24.h WITNESS: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ATTEST: City Clerk STATE OF FLORIDA ) 4 ) 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 , City Manager and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscnbing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this ,200~. day of (Notary Seal) Notary Public Approved as to form: City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. laudetdale, Fl 33306 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ~ I/We, Hom.r~cJ~ (orpar,^-+,;7t ,hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: OO-lF3,-L/~ -c/l- O~-OOO -05:2-0 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 1'1f-1... day of ';a n lA..A.r 1 20 oS- and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~j ~ day of I{ I} (.(q~u ' in the year two thousand and J.Oc.' ') . ict (,K Sealed and delivere in the presence of }c itne nature ~'ib'~t:I,v~ J-(~lf/cJ Printed Witness Name . v-eimcc \J " Wk Witness Signature' , I) ~C( y. ;V\l e'{ Print Witness Name Presiden s ature ~ Print~C~~~; Name 1Yf/1{ " ~ ~~ J~,~ Secretaryl Vice President's Signature ~LI"" J..I.o.....fl,fW Printed Secretaryl Vice President's Name - 'iJ.-C.A;J~LA/~ I(~#d Printed Witness Name ~.~~ ~,Mk Witn~ Signature \\ ry e. h'i\O-. Y, yy\\ I~ 'I Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) of h . THE FOREGOING INS:!"RUMENT was acknowledg~ be~re me this, Iql day 7~ t1 tdtll, ' 2(}t)<" by 1, ec P 1: "/-( e [, ). 4: tlc., /l'l~ 'e ~1 and , who a e kno to me or who have produced , as identification and who did/did not take an oath. ~k.- It. . A Cc-.LJZ~ NOTARY PUBLIC Type or Print Name Commission No. \\\1111/1/ B b ~""~~~'i""~ ar ~~ M. Madden = \&~=Co~on /I DD125274 ;'~\-...; if? .Q1'U,g, JWY 19,2006 "'; OF f\.(S.......... Boncled '1hn.1 "'/11\\\ Atlantic Bonding Co., Inc. My Commission Expires: POAIND Palm Beach County Property Appraiser Property Search System Page I of2 Location Address: HIGHLAND RD r,<,,Zr,(iAW;~jl,;.,; oj ~2ili!jh:;J;;;m;;;w.Wi;m;li. Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-08-000-0520 Subdivision: RIDGE GROVE IN Official Records Book: 16269 Page: 1093 Sale Date: Dec-2003 legal Description: RIDGE GROVE LT 52 Owner Information Name: HOMRICH CORPORATION ~~i_l Mailing Address: 501 NE 3RD 5T BOYNTON BEACH FL 33435 3836 Sales Information Sales Date Book/Page Dec-2003 1626911093 Mar-2003 lS056/l,192 Jun-1994 15056/ U90 Price Sille Type Owner $9,000 WARRANTY DEED HOMRICH CORPORATION $9,000 WARRANTY DEED HOMRICH GEORGE $10 QUIT CLAIM TOMILEN WILLIAM [Exemptions Exemption Information Unavailable. Appraisals o 14 461 14 461 o 13 000 13 000 o $13 000 13 000 Tax Year 2004 Number of Units: 0 *Total Square Feet: 3,998.81 Acres: 0.0918 Tax Vear: Improvement Value: land Value: Total Market Value: 2004 2003 2002 l1$e Code: 0000 Description: VACANT * in residential properties may Indicate living area. A d dT bl V I ssesse an axa e a ues Tax Veilr: 2004 2003 2002 Assessed Value: $14 461 $13 000 $13 000 ~ Exemption Amount: $0 $0 ~ a . . Taxable Value: $14 461 $13 000 $13 000 T VI ax a ues Tax Year: 2004 2003 200;! ~i~~;J Ad Valorem: $282 $254 0 Non Ad Valorem: $0 $0 0 Lu,,;: ;iL~~I't!:;;jjjJBjH;;) Total Tax: $282 $254 0 ~\'!!!;~,J lJ::,.tQ~fi:~i~bJ NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. i{ecord '.:'cxch jlnfonnaLcn I Exemption,; I COiTlI'lunity I r mpk)ynicnt I New Hcwle Huycr J Qrficc Locations \/aiuc-^djusLrnent Soald I Save Ci_I!- Hurn,:,s I Senior Corner I [)isclairne' HorrK~ I Links I GL;<35i1'Y I FJ\Q I fen!)s I Con tad: Us I PAP!\ http://www.co.palm-beach.fl.us/papalaspx/web/detaiUnfo.aspx?p_entity=0043450908000...1/24/2005 ... 1 in. = 122.9 feet 75 0730 10 1690 I . ---I 72 7j 1622 1610 1560 09 1061 1050 4 35 1380 0220 24 25 1561 1560 0080 07 06 0020 01 ffi ffi 00200010 0030 0040 0150 0140 0130 0120 0110 0100 0080 0070 0050 0030 (S(:; 02 01 0020 0010 0030 0040 ffi ffi 03 04 0020 0010 0030 0040 00200010 0040 Location Map - "Exhibit A" . Page 1 of I Gary R Nikolits, CF A Palm Beach County Property Appraiser Property Mapping System I I "" I ~~--'622r-L"'.'!--+'''''''1'''' + ....,JT-'~- .-! ii" I' Ii' Iii i ...., 0fl30 i <1620 r .... I .... ! .... I ""7' i 11 {:I -L____.._L --J ..... .~L_ ._,..~_..-.l.___ ..__.._.._1'..__.._.._____ OM<> *-- ...., "".. <=0 """" 000' t2H OZ7o. 02H .2lIO 0226 ..., t--- MSO! Legend c=J IW".... B.....d8ry 11121 I LalI1U11tMlr ..l. 1-- , .,J,. 1- D1ro- i I , .*", I 1-- , I , , ,... , 1-- ob7. i ,,,,,," Search .... betaUs Parcel Control Number lOO434509080llOOS20 d;Il (eg.74434322120080010) ~Street Intersection I and I Go [BY City I Choose. Municipality ~ r.Range, Township, Sectioni LR [353 T G 5 G ---.l Palm Beach County Property Map Map Scale 1:1182 Copyright Palm Beach County 2003 All Rights Reserved - Subject to a LiceDSe Agreement. Map produced on 1/2512005 frmn PAPA http://gisweb.co.palm-beach.tl.uslipapagis/presentationlmapping!printnew.asp?MAPURL=...1125/2005 VI.-CONSENT AGENDA ITEM F. ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Meetine: Dates in to Citv Clerk's Office Meetinll Dates 0 December 7. 2004 November 15, 2004 (Noon.) 0 February 1, 2005 0 December 21, 2004 December 6, 2004 (Noon) 0 February 15, 2005 0 January 4, 2005 December 20. 2004 (Noon) 0 March 1, 2005 0 January 18, 2005 January 3, 2005 (Noon) l~ Man;h 15, 2005 Date Final Form. Must be Turned in to Citv Clerk's Offioe January 17, 2005 (Noon) January 31, 2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (NoOiIj, 0 Administrative 0 Development Plans l'0 0.) NATURE OF ~ Consent Agenda 0 New Business -,-, AGENDA ITEM 0 0 . . Public Hearing Legal ,- 0 Bids 0 Unfinished Business r:? C1 0 Announcement 0 Presentation Cl 0 City Manager's Report RECOMMENDATION: c_ "^') ";-4 :,-< '-<c;:) 'J--" '.C) ;J:~ ~ . .~ .--1 '0 .'.:Z " '-clCO ---Pl ;")J> , ~" :c Recommendation to approve Closeout Change Order #1, increasing Purchase Order #050600 by $6,406.16 and approve the Final Application for Payment to Chaz Equipment Company, Inc. (Chaz). The Final Application for Payment is $ 33,394.22, including the recommended increase. EXPLANATION: On May 4, 2004, Bid #042-2821-04/JA, "Site Improvements for Pump Station (PS) 317" was approved by the City Commission. Chaz was awarded a construction contract for $ 297,760.00 with a 10% contingency of $ 29,776.00 for a total budget appropriation of $ 327,536.00. Closeout Change Order #1 included an authorized Field Change Directive for $ 45,662.40 for Chaz to perform emergency repairs of a non-project related force main failure, resulting in a cost over-run for the project of$ 6,406.16. PROGRAM IMPACT: The scope of work for this project was designed to alleviate drainage and flooding conditions and replace a 16-inch sanitary sewer force main located within the battery limits of PS 317. During scheduled construction, a 16-inch force main ruptured on Boynton Beach Boulevard in front ofPS 317 that was unrelated to the project. The force main rupture created an emergency situation that required immediate repairs. S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC ~.".., ,~'. . .' /> j' ,,;'~>Y. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Due to the close proximity of construction already in progress at PS 317 and the emergency force main repair, it was in the best interest of the City to authorize Chaz to perform the force main rupture on Boynton Beach Boulevard. Chaz was readily available with the necessary equipment and man power to accomplish the task that involved a temporary road closing on Boynton Beach Boulevard. FISCAL IMPACT: Funds are available in Account #401-5000-590-96.09 SWR097. Awarded Contract Amount 10% Contingency Approved Budget Appropriation Total Project Cost PS 317 Amount of Project Under Budget Emergency Repair Project Over Run $ 297,760.00 $ 29,776.00 $ 327,536.00 $ 288,279.76 $ 39,256.24 $ 45,662.40 ($ 6,406.16) ALTERNATIVES: The rupture of the 16-inch force in the City's wastewater system and the possible health hazard to area residents created an emergency situation. The repairs required immediate attention and Chaz was in place to provide prompt action. Given the circumstances, there is no alternative. Utilities Department Department Name Attachments: Closeout Change Order Field Change Directive c: Nem Gomez, Interim Utilities Director Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Administration File S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC ~)~~.b"~'~,- Kurt Bressn City ManageJ- ~I City Attorney I Financ I Human Resources \ Utilities Department City Of Boynton Beach Project Management Team Closeout Change Order (Final Reconciliation of Accounts) Project: Site Improvements at Pump Station 317 Chanae Order Number: 1 To: Chaz Equipment Company, Inc. Initiation Date: 1/14/05 3460 Fairlane Road, Bay 16 Wellinqton, Fl 33414 Contract Date: 5/24/03 This Closeout Change Order is prepared and issued to document the following: Original Sum of all previous Field Unused Amount of Amended PO Value Chanqe Directives Quantities Contingency Used PO Value $297,760.00 $139,915.16 $0.00 $29,776.00 $333,942.16 By the Owner Representative's signature below, the total Contract and PO value is increased by the full contingency amount ($29,776.00) plus an additional $6,406.16 and is hereby authorized. The Amended PO Value is further reflected on the FINAL Contract Application For Payment NO.2 that has been notarized, signed by the Contractor, certified by the Engineer and approved by the Owner's Representative. Not valid until signed by the Contractor, Engineer and Owner. Signature of the Contractor indicates his agreement herewith, including any adjustment in tl/e Purchase Order value. * Project over run was due to costs incurred when a ~inc~ main ruptured on Boynton Beach Boulevard in front of lS 317 and Chaz was requested by our Wastewater Division to perform the necessary emergency repairs. Barb Conboy concurred that since this was a wastewater project, we could use the unused project funding to pay for the emergency repairs. Actual cost of the proiect was $288,279.76, $39,256.24 or 11.98% under the fundinalimit. ontractor pment Company, Inc. rl ne Farms Road, Bay 16 e ington, Fl33414 --- En ineer CH2M Hill, Inc. 800 Fairway Drive, Suite 300 Deerfield Beach FL 33441 Owner's Re resentative City of Boynton Beach 124 East Woolbright Road Boynton Beach, Fl 33435 h--~ Date: I-ii-OS /-/y-o,r Distribution (1 original for each) : Contractor ~ Engineer ~ Project Manager ~ 3. .3 Utilities Department City Of Boynton Beach Project Management Team Field Change Directive Project Name: Site Improvements for Pump Station 317 FeD Number.: 1 Project Manager: Paul Fleming, Senior Project Manager Initiation Date: 1 0/6/04 Contractor: Chaz Equipment Company, Inc. Engineer: Rick Olson, P. E., CH2M Hill You are directed to make the following changes in this Contract. Contractor is required to develop a cost work-up and request for Contract Time Extension and attach to this FCD for the review and acceptance. Design Drawing Attached: Yes 0 No IX! Item Description of Work Cost 1 Provide credit for unused 16-inch gate valve ($2,709.00) 2 Furnish and install a60 If of 12-inch CElDI pipe $24,600.00 3 Perform night time tie-in (in lieu of items 15 and 16) $35,500.00 4 Perform rehabilitation of MH No. 1 and 2 using approved SewperCoat $31,461.76 5 Perform Alternate NO.2 work $5,400.00 6 Perform eme~ncy repair of broken force main $45,662.40 TOTAL: $139,915.16 The TOTAL cost of this work is : $139,915.16 The Contract Time will be increased by : Zero DayS The Date of Substantial Completion date is : October 4, 2004 Not valid until signed by the Engineer, Contractor and Project Manager. Signature of the Contractor indicates his agreement herewith, including Cost and Time impacts. Date: En ineer CH2M Hill, Inc. 800 Fairway Drive, Suite 300 Deerfield Beach, FL 33441 B' Contract Chaz Equipment C 3460 Fairlane Fa Wellington l c:::;. I~ - 7-/) /CJ -.6' -CJ '1' Distribution {1 original for each) : Contractor C2:J Engineer C2:J Project Manager C2:J CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet .!l1YB accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aQenda request (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. . Exhibit "A' Department Head's initialsdrfJ Please do not write in the shaded area below. Legal Department;fgnature 'tJ i:.I:;.: .",>. :;;:,' "+ "'>'1 Signature(s) missing 0 Incomplete suqrrlittcll 0 Missed,deadline, . 0 !;><J',' ",',' ", '," Other . 0 >< ::,.:-;' ....'>,: ,,- Reason: <0\ qtyMaila~er's signature ~ 0 '. :h.C 0, 1. y-.; '0';-> ',J;;; ,'J Ji:;; ,j ';::;:r tt> ';' ':)t':~"::<:> :> W' . ',.... _, ...."., ".,'..,', J:" T:>.,_:'>:;'.>:>. .....'..'\ ,',., "':j{~:.,: ">'<',:-,'>}-':.:;' ',;', ,'. ,'. ....:....:.....'?r: Pe~(m coritacted.tq pick up rejected r'equesV }s, by"':- -"'<,k.:.;:;;. "u/:": '::i{~;,,-<(;:<. ,:7<:;, ":<;i- bg - 7/19/02 U:\ProJeds\Pump Station 317\AIRF Cover Sheet 2-1S-0S.doc J:*::;~>< ,. . on,. (Date) I" .err cr",,',' 'iT \\l\, .,y'" '.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Conunission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned m MeetiruzDates in to City Clerk's Office MeetineDates to City Clerk's Office 0 December 7, 2004 November 15, 2004 (Noon.) 0 February I, 2005 January 17, 2005 (NQOU) 0 December 21, 2004 December 6,2004 (NQOU) 0 February 15, 2005 January 31, 2005 (Noon) 0 January 4, 2005 December 20, 2004 (Noon) 0 March I, 2005 February 14, 2005 (Noon) 0 January 18, 2005 January 3, 2005 (Noon) ~ March 15, 2005 February 28, 2005 (Noou) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Recommendation to approve Closeout Change Order #1, increasing Purchase Order #050600 by $6,406.16 and approve the Final Application for Payment to Chaz Equipment Company, Inc. (Chaz). The Final Application for Payment is $ 33,394.22, including the recommended increase. EXPLANATION: On May 4, 2004, Bid #042-2821-04/JA, "Site Improvements for Pump Station (PS) 317" was approved by the City Commission. Chaz was awarded a construction contract for $ 297,760.00 with a 10% contingency of $ 29,776.00 for a total budget appropriation of $ 327,536.00. Closeout Change Order #1 included an authorized Field Change Directive for $ 45,662.40 for Chaz to perform emergency repairs of a non-project related force main failure, resulting in a cost over-run for the project of$ 6,406.16. PROGRAM IMPACT: The scope of work for this project was designed to alleviate drainage and flooding conditions and replace a 16-inch sanitary sewer force main located within the battery limits of PS 317. During scheduled construction, a 16-inch force main ruptured on Boynton Beach Boulevard in front ofPS 317 that was unrelated to the project. The force main rupture created an emergency situation that required immediate repairs. S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC err ,}.. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Due to the close proximity of construction already in progress at PS 317 and the emergency force main repair, it was in the best interest of the City to authorize Chaz to perform the force main rupture on Boynton Beach Boulevard. Cha:r. was readily available with the necessary equipment and man power to accomplish the task that involved a temporary road closing on Boynton Beach Boulevard. FISCAL IMPACT: Funds are available in Account #401-5000-590-96.09 SWR097. Awarded Contract Amount 10% Contingency Approved Budget Appropriation Total Project Cost PS 317 Amount of Project Under Budget Emergency Repair Project Over Run $ 297,760.00 $ 29,776.00 $ 327,536.00 $ 288,279.76 $ 39,256.24 $ 45,662.40 ($. 6,406.16) ALTERNATIVES: The rupture of the 16-inch force in the City's wastewater system and the possible health hazard to area residents created an emergency situation. The repairs required immediate attention and Chaz was in place to provide prompt action. Given the circumstances, there is no alternative. Kurt Bressner City Manager Ne sio omez Interim Utilities Director Utilities Department Department Name City Attorney / Finance / Human Resources Attachments: Closeout Change Order Field Change Directive c: Nem Gomez, Interim Utilities Director Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Administration File S:\BULLETJN\FORMSIAGENDA ITEM REQUEST FORM.DOC ...cr Utilities Department City Of Boynton Beach Project Management Team Closeout Change Order (Final Reconciliation of Accounts) Project: Site Improvements at Pump Station 317 Change Order Number: 1 To: Chaz Equipment Company, Inc. Initiation Date: 1/14/05 3460 Fairlane Road, Bav 16 Wellington, Fl33414 Contract Date: 5/24/03 This Closeout Change Order is prepared and issued to document the following: Original Sum of all previous Field Unused Amount of . Amended PO Value Change Directives Quantities Contingency Used PO Value $297,760.00 $139,915.16 $0.00 $29,776.00 $333,942.16 By the Owner Representative's signature below, the total Contract and PO value is increased by the full contingency amount ($29,776.00) plus an additional $6,406.16 and is hereby authorized. The Amended PO Value is further reflected on the FINAL Contract Application For Payment NO.2 that has been notarized, signed by the Contractor, certified by the Engineer and approved by the Owner's Representative. Not valid until signed by the Contractor, Engineer and Owner. Signature of the Contractor indicates his agreement herewith, including any adjustmi~t in ~chase Order value. * Project over run was due to costs incurred when a ~inch force main ruptured on Boynton Beach Boulevard in front of lS 317 and Chaz was requested by our Wastewater Division to perform the necessary emergency repairs. Barb Conboy concurred that since this was a wastewater project, we could use the unused project funding to pay for the emergency repairs. Actual cost of the proiect was $288,279.76, $39,256.24 or 11.98% under the fundina limit. ontractor pment Company, Inc. rl ne Farms Road, Bay 16 e ington, Fl33414 En ineer CH2M Hill, Inc. 800 Fairway Drive, Suite 300 Deerfield Beach FL. 33441 Owner's Re resentative City of Boynton Beach 124 East Woolbright Road Boynton Beach, Fl 33435 ~~ !-I'i-oS /-/y-o.r Distribution (1 original for each) : Contractor [8:J Engineer [8:J Project Manager [8:J 3.E Utilities Department City Of Boynton Beach Project Management Team Field Change Directive Project Name .: Site Improvements for Pump Station 317 FCDNumher .: 1 Project Manager: Paul Fleming, Senior Project Manager Initiation Date: 1 0/6/04 Contractor : Chaz Equipment Company, fnc. Engineer: Rick Olson, P. E., CH2M Hill You are directed to make the following changes in this Contract. Contractor is required to develop a cost work-up and request for Contract Time Extension and attach to this FCD for the review and acceptance. Design DraWing Attached: Yes 0 No fgJ Item Description of Work Cost 1 Prollidecredit for unused 16-inch aate valve 1$2,709.00) 2 Furnish and install a60 If of 12-inch CELDI oioe $24,600.00 3 Perform night time tie-in (in lieu of items 15 and 16\ $35,500.00 4 Perform rehabilitation of MH No.1 and 2 usinaaooroved SewoerCoat $31,461.76 5 Perform Altemate NO.2 work $5,400.00 6 Perform emeraencv repair of broken force main $45,662.40 TOTAL: $139,915.16 The TOTAL cost of this work is : $139,91516 The Contract Time win be increased by : Zero DayS The Date of Substantial Completion date is : October 4, 2004 Not valid until signed by the Engineer, Contractor and Project Manager. Signature of the Contractor indicates his agreement herewith, inCluding Cost andTTme impacts. Contract Chaz Equipment C 3460 Fairlane Fa WeUington l I~ - 1-~ En ineer CH2M HILL, Inc. 800 Fairway Drive, Suite 300 Deerfield Beach, FL. 33441 B' Goo Date: Date: /r.? -.5'-0 '1' Date: Distribution (1 original for each) : Contractor 12:;) Engineer 12:;) Project Manager 12:;) ~'(f..(".'.'. '." . ..~ " , 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 Meeting Dates in to City Clerk's Office Meetinll Dates in to City Clerk's Office 0 December 7, 2004 November 15, 2004 (Noon.) 0 February 1,2005 January 17, 2005 (Noon) 0 December 21, 2004 December 6, 2004 (Noon) [8J February 15, 2005 January 31, 2005 (Noon) 0 January 4,2005 December 20, 2004 (Noon) 0 March I, 2005 February 14,2005 (Noon) 0 January 18,2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [8J 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: Authorize the use of Community Investment Funds hy Commissioner Carl McKoy for Heritage Fest 2005. EXPLANATION: Commission approval is requested for allocation of Community Investment Funds as follows: $2,000 for Heritage Fest 2005 for the Coronation Youth Awards Banquet by Commissioner Carl McKoy PROGRAM IMP ACT: Allocation of funds will assist the above programs. FISCAL IMP ACT: Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approvaL AL"'RNATIVE', Do"" ID ~_d, """"... "'~ )~ CO!:' f _ ~ . Department Head's Signature Clty Mana~e -- Department Name City Attorney I Finance I Human Resources S:\BULLETlNIFORMSIAGENDA ITEM REQUEST FORM. DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: January 28,2005 Requested by Mayor/Commissioner: Carl McKoy Amount Requested: $2,000 RecipientlPayee: HeritageFest 2005 Description of project, program, or activity to be funded: Funds to be donated to Coronation Youth Award Banquet Dated: By: Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. No funds have been used to date by the requesting Member, leaving a balance of available funds of $10,000. This request would bring the available amount down to $ 8,000. Accordingly: o o There are funds available as requested There are insufficient funds available as requested. Dated: By: Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) ~roposed expenditure of funds will not result in improvement to private m::atferty; 6"'T~hh~e n reci ientlpayee is a resident of the City of Boynton Beach or is a legal e . with offices in the City of Boynton Beach; The pro' , program or activity which is being funded will occur in the City o ynton Beach and participation is open to all residents ofthe City; and roper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. () Dated: L.-).;y J 6~ By: --J- . y Manager C:\Documents and Settings\prainitoj.CITY\Local Settings\Temporary Internet Files\OLKE\McKoy request. Heritage Fest.doc, 1/3112005 \{(: CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM H. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinll Dates in to City Clerk's Office Meetinll Dates in to City Clerk's Office D December 7, 2004 November IS, 2004 (Noon.) D February 1,2005 January 17,2005 (Noon) D December 21, 2004 December 6. 2004 (Noon) !:2J February 15,2005 January 31,2005 (Noon) D January 4. 2005 December 20, 2004 (Noon) D March 1,2005 February 14,2005 (Noon) D January 18,2005 January 3. 2005 (Noon) D March 15,2005 February 28, 2005 (Noon) D Administrative D Development Plans NATURE OF !:2J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Motion to approve full release of surety covering the water and sewer systems for the project known as Polo Ridge, and refunding the cash surety in the amount of $3,085 to the developer, Polo Ridge Developer, LLC. EXPLANATION: The water and sewer systems serving this project have been completed, all documentation has been provided and the system has operated satisfactorily through the warranty period. The surety may now be returned to the developer. " PROGRAM IMPACT: None r-. I c_ :".~ ~-) =:f ~~:i-< <,,::) ,'-,-11 "'" ";::) ~".< FISCAL IMPACT: None w ALTERNATIVES: None. " ..." "",,- :3~ C) ';:;;: -CjIJ:) (=)rrJ ("') :r '2 -'" Utilities Department Name :~ City Attorney / Finance / Human Resources xc: Peter Mazzella (w/copy of attachments) Mary Munro, Finance Dept. File SoIBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC D RETURN CHECK TO DEPT. CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 3,085.00 . TO: Polo Ridge Developer, LLC 25 Seabreeze Avenue Suite 304 Delray Beach, FL 33483 FOR: Full release of cash surety for the project known as Polo Ridge. Commission Appoval: Requested By: Peter V. Mazzella Deputy Utilities Director (j/ Approvals: Div Head ~O)- 9 /-3f-cb Finance Dept. City Manager Date: Jaunuary 28, 2005 FUND DEPT BASIC ELE OBJ AMOUNT 401 0000 220 99 00 3,085.00 3,085.00 MEMORANDUM UTILITIES DEPARTMENT TO: Diane Reese, Finance Director Peter V. Mazzella, Depu~lities Director FROM: DATE: ;Volle....te.- 7>>. ;.2.<J-{j>::J ..J SUBJECT: Surety/Fee transmittal - ;J. (. R..cI,rc.. LETTER OF CREDIT: ~ B.ank - Amount $ . CASH BOND Check no, t2ffJ.-. Amount $ "1 O{;-f-: d:> - ADMIN./INSPECTION FEE: Check no. Amount Water $ Amount Sewei $ Total $ SEWER TELEVISING FEE: (@ $1.75/L.F.) Check no. . Amount $ Based on L.F. COST DOCUMENTATION: Engineer's Estimate' Copy of Contract Other Please refer any questions on this matter to Peter Mazzella of this office. Attachment PVM bc: Peter Mazzella xc: File POLO RIDGE DEVELOPER, LLC .25 SEABREEZE AVE STE 304 DELRAY BEACH, FL33483 (561) 274-4863 NTHN TRUST BANK OF FL, NA DELRA Y BEACH, FL 33483 63.9651660 1282 t1/14/2003 PAY TO THE City of Boynton B=h ORDER OF I $ ..3,085.00 Three Thousand- Eighty-Five and 0011 00..................................................".................................. DOLLARS {D. !if City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 190 Boynton B=h, Fl. 33425-0t90 11'00 ~ 28 211' ~o ":o!;!;oo.Cl!; SO.: 5:i WOO!;"? ~II' ... MEMO Cash Bond. 3960 N. Ocean Blvd. - Water & Sewer POLO RIDGE DEVELOPER, LLC Clty of Boynton B=h Date Type Reference 11114/2003 Bill Cash Bond 1282 Original Amt. 3,085.00 11114/2003 Balance Due Discount 3,085.00 Check Amount Payment 3,085.00 3,085.00 Northern Trust Checking Cash Bond - 3960 N. Ocean Blvd. - Water & Sewer 3,085.00 CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet .!Ill.W; accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aGenda reauest (with back uDl to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds I') o ',-J-.'i -'"~-< All back u material is attached All exhibits are attached & marked e. . Exhibit "A' ( - _.,- ~-, ~ '--' ~ Department Head's initials: lfiJ <'0 --,,-q '-<";:-0 ',~ .,) :;.,":'0 . --; -- .--: S? '>-.,--' -;..Jco --- Cfl ('"')"'r> ,TIn ::r: Please do not write in the shaded area below. t'..) C.J Legal Department signature D City Manager's signature D ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing D Incomplete submittal D Missed deadline D Other D Reason: Person contacted to pick up rejected request on by bg . 7/19/02 C:\mazzellauserdata\wordata\JanFebOS\Agenda Item Cover Sheet Checklist Dec 7 . March 1S, 200S.doc (Date) ~O<'\:'2": ,- .- ," , \ " ~.. '(},(, . -}:r 0\ ~ .IV j.,~~;:~~) l'~'''~:~ ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin!;!' Dat~ in to City Clerk's Office Meetinl! Dates in to Citv Clerk's Office 0 December 7, 2004 November 15,2004 (Noon.) 0 February 1.2005 January 17, 2005 (Noon) 0 December 21, 2004 December 6, 2004 (Noon) [8J February 15.2005 January 31, 2005 (Noon) 0 January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005 February 14, 2005 (Noon) 0 January 18,2005 January 3, 2005 (Noon) 0 March 15.2005 February 28. 2005 (Noon) NATURE OF AGENDA ITEM o Administrative [8J Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o o o ( :..::,. .-) :-.~=:~ -'<cJ :") -q - Cl.7 ; ~_.) Legal Unfinished Business (,) :,:;,,, ,Co -,--1 (".=> ..! :,: 'l -.-..G:J -:~Pl ~:t> 111() =: Presentation C} ~"..) '.~;J RECOMMENDATION: Motion to approve full release of surety covering the water and sewer systems for the project known as Polo Ridge, and refunding the cash surety in the amount of $3,085 to the developer, Polo Ridge Developer, LLC. EXPLANATION: The water and sewer systems serving tbis project have been completed, all documentation has been provided and the system has operated satisfactorily tbrough the warranty period. The surety may now be returned to the developer. PROGRAM IMP ACT: None FISCAL IMPACT: None ALTERNATIVES: Noue. City Manager's Signature Utilities Department Name City Attorney / Finance / Hwnan Resources xc: Peter Mazzella (w/copy of attachments) Mary Munro, Finance Dept. File S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC o RETURN CHECK TO DEPT. CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 3,085.00 . TO: Polo Ridge Developer, LLC 25 Seabreeze Avenue Suite 304 Delray Beach, FL 33483 FOR: Full release of cash surety for the project known as Polo Ridge. Commission Appoval: Requested By: Peter V. Mazzella Deputy Utilities Director f?/ Approvals: Div Head ~O)- 9 I- 31- cb Finance Dept. City Manager Date: Jaunuary 28, 2005 FUND DEPT BASIC ELE OBJ AMOUNT 401 0000 220 99 00 3,085.00 3,085.00 MEMORANDUM UTILITIES DEPARTMENT TO: Diane Reese, Finance Director Peter V. Mazzella, DepU~lities Director FROM: DATE: ;Vove...,4-- :0J. ;2..<N'::J --' SUBJECT: Surety/Fee transmittal - ;J. (. R.tI,e. LETTER OF CREDIT: Bank- Amount $ CASH BOND Check no. t2i-1..-- Amount $ '1 CJrr.s-: <X> - ADMIN./INSPECTION FEE: Check no. Amount Water $ Amount Sewei $ Total $ SEWER TELEVISING FEE: (@ $1.75/L.F.) Check no. . Amount $ Based on L.F. COST DOCUMENTATION: Engineer's Estimate Copy of Contract Other Please refer any questions on this matter to Peter Mazzella of this office. Attachment PVM bc: Peter Mazzella xc: File , ' ., -...... .', '.-, -~~> ~: ~": ;-.,'.' .,..,.~". ,": . '.,- ,'..' :- ;-<J:;::':5:~':~;;,:.(::3::/~{'";,-~' " ", .-' ~'. "~',,:.c' .' :.:~. .. ;. ' " -- . "," ,;~;.:. "'.: -- :";< . '. ':.._:..'"C. - r ~ ' ..:..;- ." " , "'-':.'~<' ....;;:....;..':. ,'.,,-;,-. ~. h ',' "';)";-:-::. ::~:.' . -,~.' "'" '-.;",.:,-, ;....,-. ';"". POLO RID~E DEVELOPER, LLC 25 SEABREEZE AVE STE 304 DELRAY BEACH. FL33483 (561) 2744863 NTHN TRUST BANK OF FL, NA DELRA Y BEACH, FL 334S3 63-9651660 1282 11/14/2003 PAY TO THE City of Boynton Beach ORDER OF I $ **3,085.00 TIiree Thousand Eighty-Five and 00/1 00................................................................................... DOLLARS 6\. !if City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 190 Q Boynton Beach, F1.33425-0190 tllh , .rIA ""..... "'" N. - "m. W_' '- . -P"f' , 11'00 ~ 28 211' ":01;1;00"1; SO.: 5:1 ~0001;"? ~II' ,., MEMO POLO RIDGE DEVELOPER, LLC City of Boynton Beach Date Type Reference 11/1412003 Bill Cash Bond 1282 Original Amt 3,085.00 11/14/2003 Balance Due Discount 3,085.00 Check Amount Payment 3,085.00 3,085.00 Northern Trust Checking Cash Bond - 3960 N. Ocean Blvd. - Water & Sewer 3,085.00 ~. 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 Meetin{! Dates in to Citv Clerk's Office Meetin{! Dates in to City Clerk's Office 0 December 7, 2004 November 15,2004 (Noon.) 0 February 1,2005 January 17,2005 (Noon) 0 December 21, 2004 December 6. 2004 (Noon) [8] February 15,2005 January 31,2005 (Noon) 0 January 4, 2005 December 20, 2004 (Noon) 0 March 1, 2005 February 14.2005 (Noon) 0 January 18,2005 January 3. 2005 (Noon) 0 March] 5. 2005 February 28, 2005 (Noon) NATURE OF AGENDA ITEM (} 0 0 . " '~';-., Administrative Development Plans ~-< [8] Consent Agenda 0 New Business ,-.:c Z ~., 0 0 GJ Public Hearing Legal 1') '1._:> 0 Bids 0 Unfinished Business (~ ; 0 Announcement 0 Presentation --:J ,j -~1 :::.',: CJ ~:}Z 0 City Manager's Report N -" .-":"1(:':) _,-rJ ',oJ> U' ,.,("') :J.: RECOMMENDATION: Motion to approve full release of surety covering the water and sewer systems for the project known as Borgata ISan Savino (aka Melear PUD), and returning Letter of Credit No. 3704313 from Bank of America to the developer, Continental Homes (D.R. Horton). EXPLANATION: The water and sewer systems serving this project bave been completed, all documentation has been provided and the system bas operated satisfactorily through the warranty period. The surety may now be returned to tbe developer. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. II (71. '/Z ~r 's Signature I\. Utilities Department Name xc: Peter Mazzella (w/copy of attachments) Mary Munro. Finance Dept. File S,\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC '. , QankofA~erica ~ .,. lldl I. ., {. , . I. PAGE: 1 DATE: OCTOBER 25, 1999 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3704313 BENEFICIARY CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 APPLICANT D.R. HORTON, INC. / CONTINENTAL HOMES MIAMI 1901 ASCENSION BLVD. SUITE 100 ARLINGTON, TX 76006 AMOUNT USD 661,113.20 SIX HUNDRED SIXTY ONE THOUSAND ONE HUNDRED THIRTEEN AND 20/100'S US DOLLARS EXPIRATION OCTOBER 19, 2000 AT OUR COUNTERS GENTLEMEN: WE HEREBY OPEN OUR CLEAN IRREVOCABLE LETTER OF CREDIT NO. 3704313 IN YOUR FAVOR FOR THE ACCOUNT OF D.R. HORTON, INC. / CONTINENTAL HOMES MIAMI FOR AN AGGREGATE AMOUNT OF SIX HUNDRED SIXTY ONE THOUSAND ONE HUNDRED THIRTEEN AND 20/100 UNITED STATES DOLLARS ($661,113.20) AVAILABLE BY PAYMENT OF YOUR DRAFT(S) AT SIGHT DRAWN ON OURSELVES WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENT (S) : 1. A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF BOYNTON BEACH STATING "THE FUNDS DRAWN UNDER THIS LETTER OF CREDIT ARE NEEDED TO PAY FOR CONSTRUCTION OF WATER DISTRIBUTION + SANITARY SEWER IN ACCORDANCE WITH THE CITY'S LAND DEVELOPMENT CODE IN CONNECTION WITH THE PROPOSED SUBDIVISION KNOWN AS MELEAR PUD AND CONTINENTAL HOMES MIAMI HAS FAILED TO COMPLETE THE WORK STATED"; 2. THE ORIGINAL LETTER OF CREDIT AND ANY SUBSEQUENT AMENDMENTS. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL ONE YEAR PERIODS UNLESS WE NOTIFY YOU IN WRITING AT LEAST SIXTY (60) DAYS PRIOR TO THE CURRENT OR ANY FUTURE EXPIRATION DATE THAT WE ELECT NOT TO EXTEND THIS CREDIT FOR ANY SUCH ADDITIONAL ONE YEAR PERIOD. NOTICE TO THE CITY THAT THE LETTER OF CREDIT WILL EXPIRE, PRIOR TO THE PERFORMANCE OF THE OBLIGATIONS GUARANTEED BY THIS LETTER OF CREDIT, SHALL BE DEEMED A DEFAULT AND SHALL ENTITLE CITY TO COLLECT ON THIS LETTER OF CREDIT BY PRESENTATION OF SIGHT DRAFT(S) AND A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF BOYNTON BEACH STATING "WE ARE IN RECEIPT OF YOUR NON-RENEWAL NOTICE FOR THIS LETTER OF CREDIT AND THE FUNDS DRAWN UNDER THIS LETTER OF CREDIT ARE NEEDED IRREVOCABLE STANDBY LETTER OF CREDIT NO. 3704313 TO PAY FOR THE CONSTRUCTION WATER DISTRIBUTION + SANITARY SEWER IN .<ofAmerica ~ . PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3704313 EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED HEREIN THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), iNTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 AND IN THE EVENT OF ANY CONFLICT IS TO BE INTERPRETED BY FLORIDA LAW. LITIGATION HEREUNDER, IF NECESSARY. SHALL BE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA. WE HEREBY ENGAGE WITH YOU THAT EACH DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED WITH DOCUMENT(S) AS SPECIFIED AND THE ORIGINAL OF THIS CREDIT, AT OUR OFFICE LOCATED AT 333 SOUTH BEAUDRY AVENUE, 19TH FLOOR LOS ANGELES, CALIFORNIA 90017, ATTENTION LETTER OF CREDIT DEPT., ON OR BEFORE THE ABOVE STATED EXPIRY DATE, OR ANY . AUTOMATICALLY EXTENDED DATE AS PROVIDED FOR HEREIN. DRAFT (S) DRAWN UNDER THIS CREDIT MUST SPECIFICALLY REFERRENCE OUR LETTER OF CREDIT NUMBER. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTIO I PLEASE CALL 213-345-6632. ~ eAw.Lo.lOlNM -~--------------- . MilJ Gonz4/ez E AUTHORIZED SIGNATURE CUMENT CONSISTS OF 2 PAGE(S). AofAmerica ~. " " ""-~-"'''''''_''-'''''h' , . IU DATE: NOVEMBER 23, 1999 AMENDMENT TO IRREVOCABLE STANDBY CREDIT NUMBER: 3704313 ! ,U/ NOV 291 J I "",,'i" .t. o ._--~.. ._._:.~-~~,.'7>:~ PAGE: 1 AMENDMENT NUMBER 1 BENEFICIARY CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 APPLICANT D.R. HORTON, INC. / CONTINENTAL HOMES MIAMI 1901 ASCENSION BLVD. SUITE 100 ARLINGTON, TX 76006 THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAL PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: 1. PAGE 1, PARAGRAPH 5, LINE 3, WHERE IT READS AS: II UNLESS WE NOTIFY YOU IN WRITING AT LEAST SIXTY (60) DAYS..." IS NOW DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING: "... UNLESS WE NOTIFY YOU IN WRITING AT LEAST NINETY (90) DAYS... II 2. PAGE 2, PARAGRAPH 2, WHERE IT READS AS: "WE HEREBY ENGAGE WITH YOU. . . LETTER OF CREDIT NUMBER. II IS NOW DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING PARAGRAPH: "WE HEREBY ENGAGE WITH YOU THAT EACH DRAFT (S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED WITH DOCUMENT(S) AS SPECIFIED AND THE ORIGINAL OF THIS CREDIT, AT OUR OFFICE LOCATED AT 333 SOUTH BEAUDRY AVENUE, 19TH FLOOR, LOS ANGELES, CALIFORNIA 90017, ATTENTION LETTER OF CREDIT DEPT., OR TO OUR CORRESPONDENT LOCATED AT BANK OF AMERICA, N.A., LETTER OF CREDIT DEPT., 100 SE 2ND STREET, 13TH FLOOR, MIAMI, FLORIDA 33131, ON OR BEFORE THE ABOVE STATED EXPIRY DATE, OR ANY AUTOMATICALLY EXTENDED DATE AS PROVIDED FOR HEREIN. DRAFT(S) DRAWN UNDER THIS CREDIT MUST SPECIFICALLY REFERENCE OUR LETTER OF CREDIT NUMBER." ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS AMENDMENT, PLEASE CALL 213-345-6627. ~~~r':"'_ -------------------------- ~ AUTHORIZED SIGNATURE CONSISTS OF 1 PAGE(S). CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aGenda reauest (with back lID) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head ~ Wilfred Hawkins for de artments under Administrative Services D Finance De artment for items that involve ex enditure of funds ~ All back u material is attached D All exhibits are attached & marked e. ., Exhibit "A' ~ Department Head's initials: (Jfj) Please do not write in the shaded area below. Legal Department signature D City Manager's signature D ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing D Incomplete submittal D Missed deadline D Other D Reason: Person contacted to pick up rejected request on by bg - 7/19/02 C:\mazzellauserdata\wordata\JanFeb05\Agenda Item Cover Sheet Checklist Dee 7 - March 15, 200S.doc (Date) 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 Meetifill Dates in to City Clerk's Office 0 December 7, 2004 November 15, 2004 (Noon.) 0 February 1,2005 January 17, 2005 (Noon) 0 Decen;1ber 21, 2004 December 6, 2004 (Noon) ~ February 15.2005 January 31, 2005 (Noon) 0 January 4, 2005 December 20, 2004 (Noon) 0 March I, 2005 February 14, 2005 (Noon) 0 January 18,2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve full release of surety covering the water and sewer systems for the project known as Borgata /San Savino (aka Melear POO), and returning Letter of Credit No. 3704313 from Bank of America to the developer, Continental Homes (D.R. Horton). EXPLANATION: The water and sewer systems serving this project have been completed, all documentation has been provided and tbe system has operated satisfactorily tbrough the warranty period. The surety may now be returned to the developer. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. t71.'/Z M" l s Signature City Manager's Signature Utilities Department Name City Attorney / Finance / Human Resources xc: Peter Mazzella (w/copy of attachments) Mary Munro, Finance Dept. File SoIBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC QankofA~erica ~ ,. , ',. ! JJI I. '., (. i.: I. PAGE: 1 DATE: OCTOBER 25, 1999 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3704313 BENEFICIARY CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 APPLICANT D.R. HORTON, INC. / CONTINENTAL HOMES MIAMI 1901 ASCENSION BLVD. SUITE 100 ARLINGTON, TX 76006 AMOUNT USD 661,113.20 SIX HUNDRED SIXTY ONE THOUSAND ONE HUNDRED THIRTEEN AND 20/100'S US DOLLARS EXPIRATION OCTOBER 19, 2000 AT OUR COUNTERS GENTLEMEN: WE HEREBY OPEN OUR CLEAN IRREVOCABLE LETTER OF CREDIT NO. 3704313 IN YOUR FAVOR FOR THE ACCOUNT OF D.R. HORTON, INC. / CONTINENTAL HOMES MIAMI FOR AN AGGREGATE AMOUNT OF SIX HUNDRED SIXTY ONE THOUSAND ONE HUNDRED THIRTEEN AND 20/100 UNITED STATES DOLLARS ($661,113.20) AVAILABLE BY PAYMENT OF YOUR DRAFT (S) AT SIGHT DRAWN ON OURSELVES WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENT (S) : 1. A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF B0YNTON BEACH STATINC "THE FUNDS DRAWN UNDER THIS LETTER OF CREDIT ARE NEEDED TO PAY FOR CONSTRUCTION OF WATER DISTRIBUTION + SANITARY SEWER IN ACCORDANCE WITH THE CITY'S LAND DEVELOPMENT CODE IN CONNECTION WITH THE PROPOSED SUBDIVISION KNOWN AS MELEAR PUD AND CONTINENTAL HOMES MIAMI HAS FAILED TO COMPLETE THE WORK STATED"; 2. THE ORIGINAL LETTER OF CREDIT AND ANY SUBSEQUENT AMENDMENTS. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL ONE YEAR PERIODS UNLESS WE NOTIFY YOU IN WRITING AT LEAST SIXTY (60) DAYS PRIOR TO THE CURRENT OR ANY FUTURE EXPIRATION DATE THAT WE ELECT NOT TO EXTEND THIS CREDIT FOR ANY SUCH ADDITIONAL ONE YEAR PERIOD. NOTICE TO THE CITY THAT THE LETTER OF CREDIT WILL EXPIRE, PRIOR TO THE PERFORMANCE OF THE OBLIGATIONS GUARANTEED BY THIS LETTER OF CREDIT, SHALL BE DEEMED A DEFAULT AND SHALL ENTITLE CITY TO COLLECT ON THIS LETTER OF CREDIT BY PRESENTATION OF SIGHT DRAFT(S) AND A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF BOYNTON BEACH STATING "WE ARE IN RECEIPT OF YOUR NON-RENEWAL NOTICE FOR THIS LETTER OF CREDIT AND THE FUNDS DRAWN UNDER THIS LETTER OF CREDIT ARE NEEDED IRREVOCABLE STANDBY LETTER OF CREDIT NO. 3704313 TO PAY FOR THE CONSTRUCTION WATER DISTRIBUTION + SANITARY SEWER IN .(ofA~erica ~ . PAGE: :2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3704313 EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED HEREIN THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 AND IN THE EVENT OF ANY CONFLICT IS TO BE INTERPRETED BY FLORIDA LAW. LITIGATION HEREUNDER, IF NECESSARY. SHALL BE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA. WE HEREBY ENGAGE WITH YOU THAT EACH DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED WITH DOCUMENT(S) AS SPECIFIED AND THE ORIGINAL OF THIS CREDIT, AT OUR OFFICE LOCATED AT 333 SOUTH BEAUDRY AVENUE, 19TH FLOOR LOS ANGELES, CALIFORNIA 90017, ATTENTION LETTER OF CREDIT DEPT., ON OR BEFORE THE ABOVE STATED EXPIRY DATE, OR ANY . AUTOMATICALLy EXTENDED DATE AS PROVIDED FOR HEREIN. DRAFT (S) DRAWN UNDER THIS CREDIT MUST SPECIFICALLY REFERRENCE OUR LETTER OF CREDIT NUMBER. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTIO, PLEASE CALL 213-345-6632. ;do ~IOU'IAA -~--------------- . Mid Gonzalez AUTHORIZED SIGNATURE CONSISTS OF 2 PAGE(S). ~\'Y-::!0 , \ ( \ \3\\ 'r: 0;<" . /'~,. '/)'ON '2>0 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VII.-CODE - LEGAL SETTLEMENT ITEM A. 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 Meetine: Dates in to City Clerk's Office D December 7, 2004 November 15,2004 (Noon.) D February 1, 2005 January 17,2005 (Noon) D December 21,2004 December 6, 2004 (Noon) [gJ February 15, 2005 January 31, 2005 (Noon) D January 4,2005 December 20, 2004 (Noon) D March 1, 2005 February 14,2005 (Noon) D January 18,2005 January 3, 2005 (Noon) D March 15,2005 February 28. 2005 (Noon) D Administrative D D D D Announcement D City Manager's Report Shirlev M, Akins v. City of Bovnton Beach Plaintiff Counsel: J. Reeve Bright, Esq., Bright & Chimera, P.A. Defense Counsel: Benjamin Bedard, Esq., Roherts Reynolds Bedard & Tuzzio NATURE OF AGENDA ITEM Consent Agenda Public Hearing Bids D D D D D Development Plans New Business Legal Unfinished Business Presentation Code CompliancelLegal Settlements x RECOMMENDA nON: Motion to pay settlement from court ordered mediation in the amount of$9,000.00. EXPLANATION: On November 9,2000, City pick-up truck vehicle operated hy City employees was on Seacrest Boulevard in Boynton Beach, FL. Signs in the truck bed came out of the truck and struck the plaintiff's vehicle causing her to lose control of the vehicle and suffer physical injuries. These injuries included her neck, back, and left hand. This required surgery to her right hand. Total medicals and lost wages claimed were $42,000.00. The initial demand made prior to and at mediation was $150,000.00. PROGRAM IMPACT: Litigation settlements and judgments of this nature are part ofthe ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Settlement will be charged to the Risk Management budget expenses. AL TERNA TIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at $30,000.00. Additional defense trial legal costs are estimated at 25,000.00. RISK MANAGEMENT Department Name Cjrn/Claimaut/AkinsSO I.dot S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORMDOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager FROM: Wilfred Hawkins Assistant City Manager Charles J. Magazine (!;),.~1\ Risk Manager J THRU: DATE: January 26, 2005 Peter Ebbole v. City of Boynton Beach, et al Date of Loss: November 9, 2000 Risk Management recommends the City Commission ratifY the: X Settlement in the above stated manner. SUBJECT: _ Judgement RESERVES: Indemnity: $ 30,000 Expenses: $ 25,000 Demand: Original: $150,000 Final: $ 15,000 Offer: Original: $ 2,500 Final: $ 9,000 x SETTLEMENT: $ 9,000 NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ - Current Legal Fees: $ 20,924 IF NOT SETTLED Projected Legal Fees: $ 25,000 Projected Jury Verdict: $ 30,000 JUDGEMENT: $- Current Adjustment Fees: $ - Current Legal Fees: $ - CASE NARRATIVE: On November 9, 2000, City pick-up truck vehicle operated by City employees was on Seacrest Boulevard in Boynton Beach, FL. Signs in the truck bed carne out of the truck and struck the plaintiffs vehicle causing her to lose control of the vehicle and suffer physical injuries. These injuries included her neck, back, and left hand. This required surgery to her right hand. Total medicals and lost wages claimed were $42,000.00. The initial demand made prior to and at mediation was $150,000.00. Cjm/Claimautl AkinsS02.doc Judicial Circuit: / r:; Minimum Mediator time is 2 hours Judge: LiO W County: - (Q L "'^- ~ e&..c.. IA. Case #: 0 ->:,- c. A - 1\ 310 ( >'11J /,40') Mediator: Rodney G. Romano, Mediation, Inc. 1-800-741-7000 ~ETIlED Case Style: A (dJS vs.CI~o{-'-6,y~'''' ~k. SETTLEMENT AGREEMENT This case was mediated on -I-Jd5J 05and is settled under the following tenus which the parties agree are binding and enforceable: (l\.o'\-, \ 'Ct, c'\r... IS .,Jt_cA,bJed iir"'<--Vv--\ h It$' ()I ~ .J.v-. Plainti / Plaintiff E~)~ 1) Defense will pay the sum of$ ftJOO. ~ 0 , payable to plaintiff(s) and , plaintiff s counsel's trust account (FEIN# v.J \ \ \ '? t- 0 i,) \ \:;> E' _ ), and in exchange for a fun release, satisfaction of all related claims and liens, including medical claim~ ,and liens, and dismi~sal with prejudice if suit has r.. b. fil~ 51\ ec...~f,e..p.\.l{."'~\LR.\V''-bt f s c..Dv\lA:"'" \. :s-G." II s<>--'d<s7 een 1 e. ('. 'I 1 U' 'j '.A IL e 'tk."'-. /~tes 5 Lo.W'O>"'" \A.,^O'IV"'{ ) <--'^-' c... 0-1'" I" 2) Parties shall bear their own costs and attorney fees unless states otherwise below. 3) Oth." 11 i'-. ~ ~ I ~ ",,-, II 16 o'>\. 'F;r c i1t" K \c IZJcrLlt-J 0\ HI' M.C<.~""'2-ill1'E. 1:?lA. or hp~(e fil"flo{a.jY I Lj ~ I ~ c c; (\ V\. 9f., l/lAe +0 ~Af;3,(, /0<; re.d \A I Cd: \CJJ VIA Wd; S I o,~ , . kH IS S ,^",-e1A1 - S c . V\.<2...e.. of' ,- c:. GL 0;V\ ,,,-c r-e.e /;t~lAt rO r.z ' A laintiff(s) efendant - \7,:..!. Q "'^-\ '^ ~f.,<C(h\-J. Defendant - Attorney for Defendant - LAWOFFJCES ROBERTS, REYNOLDS, BEDARD & TUZZIO, P.A. 410 COLUMBIA DRive BUILOING C.,Ol WEST P Al.M BEACH, FLORIDA 33409 GEORGE P. ROBERTS. JR LYMAN H. REYNOLDS, JR BENJAMIN L BEDARD GERARD A. TU,z:ZIO LAURA I!. SCHWARTZ OANNA P CLEMENT TRJSHA A SMITH JEREMY H PIGOTT PARAL!:GALS TEL.EPHONE (561) 688.6560 FACSIMilE (661) 688.2343 EMAll: bbedardOrrbpa com LEEANN WILLIFORD KATHRYN L REEVES SHERRI L_ RENNER JENNIFER G WHITTALL TINA M. LIVINGSTON I!.RICA D KAHN January 25, 2005 VIA EMAIL AND U.S. MAIL Mr. Charles Magazine Risk Management Department City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: Akins v. City of Boynton Beach and Cain Claim No.: 001470-000030-AB-Ol D/Accident: 11/9/00 Our File No.: 103-211 Dear Mr. Magazine As you are aware, we tentatively resolved the above-referenced case for $9,000.00 subject to the Plaintiffs attorney's ability to negotiate down some of the liens and commissioner approval. I recommend the settlement in the amount of $9,000.00 for the following reasons: 1. Liability. It is not disputed that a sign did fly out of the back of a City of Boynton Beach's truck. The sign was not tied down or secured in any way. There are statutes that require items in the back of a truck be appropriately secured. It appears that the sign was not secured in this case and therefore, it is likely that there would be a verdict against the City. 2. Causation. The Plaintiff did immediately complain of injuries at the scene and went to the emergency room for treatment. She also diligently followed up with a chiropractor and an orthropedic surgeon following the subject accident. The Plaintiff complained of neck and back injuries. It was quite a while before she eventually complained of her left hand injury, but nonetheless, she did relate it to the subject accident. Akins v. City of Boynton Beach Mr. Charles Magazine Page 21January 25, 2005 3. Damages. Plaintiff has sustained approximately $36,000.00 in medical bills. We would get a setoff for approximately the amount of $10,000.00, but that would still leave approximately $26,000.00 in current medical bills. Additionally, she did have carpal tunnel surgery and was given a permanent impairment rating of 2% by her surgeon. The Plaintiff also is making a wage loss claim for approximately $6,000.00 as result of being out of work for approximately four to five months following the subject accident. Although we have a number of defenses and arguments in respect as to causation and damages, liability does seem clear. Based on the following I believe the settlement for $9,000.00 is a reasonable figure and that you did an excellent job in negotiating this claim. As we discussed, we filed a Proposal for Settlement in the amount of$5,000.00 in case the Plaintiff s attorney is not able to work out the liens to their satisfaction. If Plaintiff is able to do so, or if we do not hear from the Plaintiff by February 14, 2005, there will be a settlement and you can request the commission approval for same. In the interim, I have drafted all the necessary Release and settlement documents. The Plaintiff s Tax Identification Number is: 65-0468211 and make the check made payable to: Shirley and Eddie Akins and Bright & Chimera, PA, their attorney. We will keep you advised accordingly. B L.BEDARD For the Firm BLB/lck CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates D December 7 2004 D December 21 2004 D Janua 4 2005 D Janua 18 2005 D Februa 1 2005 ~ Februa 15 2005 March 1 2005 March 15 2005 Deadline for Submittal to City P &. D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Re uest Form: De artment Head ~ Wilfred Hawkins for de artments under Administrative Services ~ Finance De artment for items that involve ex enditure of funds ~ All back u material is attached All exhibits are attached & marked e. . Exhibit "A' ~ Department Head's initials: ~ Please do not write in the shaded area below. Legal Department signature D ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing D Incomplete submittal D Missed deadline D Other D Reason: City Manager:s signature D Person contacted to pick up rejected request by bg - 7/19/02 S:\CityTemplates\City Mgr\Agenda Item Cover Sheet Checklist Dee 7 - March 15, 200S.doc on (Date) ;~"TVO"; r. " " , \ \ , ]''1'',: \11' ii:;A '"()::;')O,,?:~"r CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetine- Dates in to City Clerk's Office 0 December 7, 2004 November 15, 2004 (Noon.) 0 0 December 21, 2004 December 6, 2004 (Noon) ~ 0 January 4, 2005 December 20, 2004 (Noon) 0 0 January 18, 2005 January 3, 2005 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meetine: Dates in to City Clerk's Office February 1,2005 January 17,2005 (Noon) February 15,2005 January 31, 2005 (Noon) March 1,2005 February 14, 2005 (Nooo) Marcb 15,2005 February 28. 2005 (Noon) o Administrative o o o o Announcement o City Manager's Report Shirlev M. Akins v. Citv of Bovnton Beach Plaintiff Counsel: J. Reeve Bright, Esq., Bright & Chimera, P.A. Defense Counsel: Benjamin Bedard, Esq., Roberts Reynolds Bedard & Tuzzio NATURE OF AGENDA ITEM Consent Agenda Public Hearing Bids o o o o o Development Plans New Business Legal Unfmished Business Presentation Code Compliance/Legal Settlements x RECOMMENDATION: Motion to pay settlement from court ordered mediation in the amount of$9,000.00. EXPLANATION: On November 9, 2000, City pick-up truck vehicle operated by City employees was on Seacrest Boulevard in Boynton Beach, FL. Signs in the truck bed came out of the truck and struck the plaintiff's vehicle causing her to lose control of the vehicle and suffer physical injuries. These injuries included her neck, back, and left hand. This required surgery to her right hand. Total medicals and lost wages claimed were $42,000.00. The initial demand made prior to and at mediation was $150,000.00. PROGRAM IMPACT: Litigation settlements and judgments of this nature are part of the ongoing responsibilities of the Risk Management Department. FISCAL IMP ACT: Settlement will be charged to the Risk Management budget expenses. ALTERNATIVES: Failure to approve settlement will result in claim heing litigated. Value of this case at trial is estimated at "o."~". "'''"'. .;., ,..., ,.." ~ ."""",,, "',000.00 artment Head's Signature RISK MANAGEMENT Department Name CjrnlClairnaut! AkinsSO 1 ,dot S,IBULLETfN\FORMSIAGENDA ITEM REQUEST FORMDOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Wilfred Hawkins Assistant City Manager Charles J. Magazine (Y));-fli\ Risk Manager 0 FROM: DATE: January 26,2005 Peter Ebbole v. City of Boynton Beacb, et al Date of Loss: November 9, 2000 Risk Management recommends the City Commission ratifY the: X Settlement in the above stated manner. SUBJECT: _ Judgement RESERVES: Indemnity: $ 30,000 Expenses: $ 25,000 $ [5,000 Demand: Original: $150,000 Final: Offer: Original: $ 2,500 Final: $ 9,000 ~ SETTLEMENT: $ 9,000 NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ - Curreut Legal Fees: $ 20,924 JUDGEMENT: $- Curreut Adjustmeut Fees: $ - Current Legal Fees: $ - CASE NARRATIVE: On November 9, 2000, City pick-up truck vehicle operated by City employees was on Seacrest Boulevard in Boynton Beach, FL. Signs in the truck bed carne out of the truck and struck the plaintiff's vehicle causing her to lose control of the vehicle and suffer physical injuries. These injuries included her neck, back, and left hand. This required surgery to her right hand. Total medicals and lost wages claimed were $42,000.00. The initial demand made prior to and at mediation was $150,000.00. Cjrn/ClaimautlAkinsS02.doc Judicial Circuit: / ;:; Minimum Mediator time is 2 hours Judge: [,OW. County: - (to.. L w-.. ~ e&..c.. ~ Case #: 07::>- c A -) 1\ 310 ( >'1 iJ 1M') Mediator: Rodney G. Romano, Mediation, Inc. 1-800-741-7000 ~ErrlED Case Style: A k'-dJS vs.C,~o{~boy~" ~k, SETTLEMENT AGREEMENT This case was mediated on vd5J 0 5and is settled under the following terms which the parties agree are binding and enforceable: I) Defense will pay the sum of $ f tJOO. (J 0 , payable to plaintiff( s) and , plaintiffs counsel's trust account (FEIN# w \ \ \ "? (--0 vi\:;> E'~ ), and in exchange for a ful~ release, satisfaction of all related claims and liens, including medical ~laim~ land liens, and dismi~sal with prejudice if suit has sf b fil~ 51\ ec..\f\e..."'\\t~~\~\II'~t f s c...Ov\lA:-~ \. 5h.'" II s~\h :/ een 1 e. ~ . ,/ I 1 I,., I W\. IL e', '1k-<c ;<pres 5 Lo.W'::>\A\ lAlAO'I",,\ /c.-,^- "-10-1 I v, 2) Parties shall bear their own costs and attorney fees unless states otherwise , below. 3) Oth,,, 11 i'-. 77. /l , ~ 'i- ",-, II " 0 ~ . fie e ,'It" K "- 6erJ 0. r~ 0 \' K I . MIA~"'- '2. i I/I-e. OtA.. 0 r [,If' -r; r e 5- ~fv<tt7 IL{~ l~oC:; C i"'- 'Jl-,~e +0 -.!,~3/,/aiJ t--e.3V\IClt (:.J)iI1/\INd~SfOv;, . ~H IS S '^"-.E'.lAtt - s ~12.. 1A..e...e. of' - C- k'e.co~> ,,,--r-{!'E'~lAt IOIA IX- A laintiff(s) efendant -- -B'i' V\~CtV\A.\ '^- '\s~\c\-J, Attorney for Defendant - Defendant - LAWOFFJCES ROBERTS, REYNOLDS, BEDARD & TUZZIO, P.A. 470 COLUMBIA DRive BUILDING C-101 WEST PALM BEACH. FLORIDA .33409 GEORGE P. ROBERTS, JR. LYMAN H. REYNOLDS, JR BENJAMIN L BeOARD GERARD A. TUZZIO LAURA I! SCHWARTZ DANNA P CLEMENT TRISHA A. SMITH JEREMY H PIGOTT PARALEGALS TELEPHONE (561) 688.8560 FACSIMILE (561) 888.2343 EMAll: bbedardCrrbpa com lEEANN WilLIFORD K"THRYN l REeVES SHERRI L RENNER JENNIFER G WHITT"ll TINA M. LIVINGSTON ERIC" D. ""HN January 25, 2005 VIA EMAIL AND U.S. MAIL Mr. Charles Magazine Risk Management Department City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: Akins v. City of Boynton Beach and Cain Claim No.: 001470-000030-AB-Ol D/ Accident: 11/9/00 Our File No.: 103-211 Dear Mr. Magazine As you are aware, we tentatively resolved the above-referenced case for $9,000.00 subject to the Plaintiffs attorney's ability to negotiate down some of the liens and commissioner approval. I recommend the settlement in the amolUlt of$9,000.00 for the following reasons: 1. Liability. It is not disputed that a sign did fly out of the back of a City of Boynton Beach's truck. The sign was not tied down or secured in any way. There are statutes that require items in the back of a truck be appropriately secured. It appears that the sign was not secured in this case and therefore, it is likely that there would be a verdict against the City. 2. Causation. The Plaintiff did immediately complain of injuries at the scene and went to the emergency room for treatment. She also diligently followed up with a chiropractor and an orthropedic surgeon following the subject accident. The Plaintiff complained of neck and back injuries. It was quite a while before she eventually complained of her left hand injury, but nonetheless, she did relate it to the subject accident. Akins v. City of Boynton Beach Mr. Charles Magazine Page 21January 25, 2005 3. Damages. Plaintiffhas sustained approximately $36,000.00 in medical bills. We would get a setoff for approximately the amount of $10,000.00, but that would still leave approximately $26,000.00 in current medical bills. Additionally, she did have carpal tunnel surgery and was given a permanent impairment rating of 2% by her surgeon. The Plaintiff also is making a wage loss claim for approximately $6,000.00 as result of being out of work for approximately four to five months following the subject accident. Although we have a number of defenses and arguments in respect as to causation and damages, liability does seem clear. Based on the following I believe the settlement for $9,000.00 is a reasonable figure and that you did an excellent job in negotiating this claim. As we discussed, we filed a Proposal for Settlement in the amount of$5,000.00 in case the Plaintiff's attorney is not able to work out the liens to their satisfaction. If Plaintiff is able to do so, or if we do not hear from the Plaintiff by February 14, 2005, there will be a settlement and you can request the commission approval for same. In the interim, I have drafted all the necessary Release and settlement documents. The Plaintiff's Tax Identification Number is: 65..0468211 and make the check made payable to: Shirley and Eddie Akins and Bright & Chimera, P.A., their attorney. We will keep you advised accordingly. B L. BEDARD For the Firm BLB/lck t??.... ...'l...... CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM A. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine: Dates in to City Clerk's Office Meetin!l Dates in to City Clerk's Office D December 7, 2004 November 15,2004 (Noon.) D February 1, 2005 January 17,2005 (Noon) D December 21, 2004 December 6, 2004 (Noon) IZ'J February 15, 2005 January 31,2005 (Noon) D January 4, 2005 December 20, 2004 (Noon) D March 1, 2005 February 14, 2005 (Noon) D January 18, 2005 January 3, 2005 (Noon) D March 15,2005 February 28. 2005 (Noon)'-; ~, r'l '..J C) ,-., --I -" -i-< -<c:') (_') nl"1 - -,) ') D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM IZ'J Puhlic Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report /".J -j ~. ~~~ (,,) i :~g ('1 -.J ~-> ,~--, :.r: RECOMMENDATION: Please place this request on the February 15,2005 City Commission Agenda under Public Hearing, to he comhined with the corresponding ordinances for Land Use Amendment and Rezoning. The City Commission on February 1, 2005, acted to reconsider this request to allow for anticipated changes in the conditions of approval originally approved on January 18, 2005. The proposed changes from the applicant and attorney for selected INCA residents have been previously forwarded to staff and the City Commission, and will be further presented and discussed at the Public Hearing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-294. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Seaview Park Club (NWSP 04-014) Weiner & Aronson, P .A. Wayne Irving and Charlene Darst 1620 North Federal Highway (east side of North Federal Highway, approximately 1,000 north of the Boynton (C-16) canal) Request for new site plan approval for the construction of 69 condominium units on 3.756-acres in the IPUD zoning district. DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: N/A N/A N/A :\JJlk~" - Develo ent epa ent 'It- tJ ~q~ Planning and Zoni g irector City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\nwsp 04-0 1 4\Agenda Item Request Seaview Park Club NWSP 04014 1-18-05.dot - S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM. DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-294 STAFF REPORT TO: Chair and Members Community Redevelopment Agency Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner if DATE: January 6, 2005 PROJECT NAME/NO: REQUEST: Seaview Park Club / NWSP 04-014 New Site Plan PROJECT DESCRIPTION Property Owner: Multiple owners (see file) Applicant: Lennar Homes, Incorporated Agent: Mr. Michael Weiner / Weiner & Aronson, P.A. Location: East side of Federal Highway approximately 1,000 feet north of the Boynton (C-16) Canal (Exhibit "A") Existing Land Use: Local Retail Commercial (LRC) and Low Density Residential (LOR) Existing Zoning: Community Commercial (C-3) and Single-family Residential (R-1-AA) Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac) Proposed Zoning: Infill Planned Unit Development (IPUD) Proposed Use: 69 multi-family (condominium) dwelling units Acreage: 3.756 acres (163,611,36 square feet) Adjacent Uses: North: To the northwest, developed multi-family rental complex (Manatee Bay) designated Local Retail Commercial (LRC) and Community Commercial (C- 3); to the northeast designated High Density Residential (10.8 du/ac) and zoned Multi-family Residential (R-3); South: To the south along Federal Highway, developed commercial strip center Staff Report-Seaview Park Club (NWSP 04-014) Memorandum No PZ 04-294 Page 2 (Yachtsman's Plaza) designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3); farther east, developed single-family residential (Yachtsman's Cove) designated Low Density Residential (4.84 du(ac) and zoned Single Family Residential (R-l-AA); East: Right-of-way for Intracoastal Waterway; West: Rights-of-way for U.S. 1 and the Florida East Coast Railroad, then developed property fronting on Northeast 4th Street, designated High Density Residential (HDR) and zoned Multi-family Residential (R-3). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject new site plan were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. Site Characteristic: The subject property is comprised of one (1) rectangular-shaped lot with the eastern portion submerged under the Intracoastal Waterway. The lot is currently located within the Federal Highway Corridor Community Redevelopment Plan Study Area I and is currently developed with 64 licensed mobile homes and their respective parking areas. The existing density of the mobile home park is non- conforming because the property is zoned R-l-AA with an underlying land use of Low Density Residential. As indicated on the survey, several easements traverse the property in varying locations. The most notable easement is located along the north property line where the presence of FP&L power lines run in an east-west direction. Also, the survey shows the locations of wood and chain-link fences (aiong the property perimeters), the swimming pool area and two (2) wood docks. The site contains Coconut, Queen, Cabbage, Areca, and Royal palm trees. It also contains Orange, Mahogany, and a Banyan tree for a total of 53 trees. The highest ground elevation (11.32 feet) occurs along the west property line, at the northwest corner of the property. BACKGROUND Proposal: Mr. Michael Weiner, representative for Lennar Homes, Incorporated, is proposing a new site plan for the construction of 69 multi-family (condominium) dwelling units. Approval of this project is contingent upon the approval of the corresponding request for land use change and rezoning (LUAR 04-010). Condominiums are permitted uses in the IPUD zoning district. Under the Special High Density Residential (SHDR) land use category, the maximum allowable density would allow a total of up to 75 dwelling units at a density of 20 dwelling units per acre. Both mobile homes and condominiums are considered as "dwelling units". In summary, the site plan proposes an additional five (5) dwelling units over the number of currently licensed mobile homes. This would equate to a project density of 18.37 dwelling units per acre. No phasing plan was submitted. Staff understands that the entire project would be built in one (1) phase. Staff Report -Seaview Park Club (NWSP 04-014) Memorandum No PZ 04-294 Page 3 Concurrency: ANALYSIS Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The County has determined that the proposed residential project is located within the designated Coastal Residential Exception Areas of the county, and therefore meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the City, after the 2006 build-out date. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. Utilities: The planned purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities would supply potable water for this project. Local piping and infrastructure improvements may be required for the project, dependent upon the final project configuration and fire-flow demands, These local improvements would be the responsibility of the site developer. Sufficient sanitary sewer and wastewater capacity is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). School: The School District of Paim Beach County has reviewed the request and determined that adequate capacity exists to accommodate the dwelling units. Driveways: The project proposes one main (1) point of ingress and one (1) main point of egress to the subject site. Both existing driveway openings are located on U.S.!. The northernmost opening is earmarked for ingress and the southernmost, for egress. The developer previously met with staff from the Florida Department of Transportation (FDOT) regarding the location of the ingress I egress lanes and that the proposed site plan's traffic pattern is a product of their recommendation. The site plan (sheet SP1 of 2) shows that each lane for Ingress and egress would be 20 feet in width. Vehicles would enter through the northernmost opening, move eastward and then make a lBO-degree turn to the west. These openings along U.S. 1 would not be gated and the applicant states that It Is not their intent to make this into a gated community in the future, The driveway, drive aisles, and turning radius, Internal to the development, would be improved to conform to current city engineering standards. Staff Report-Seaview Park Club (NWSP 04-014) Memorandum No PZ 04-294 Page 4 Parking Facility: One (1) bedroom dwelling units require one and one-half (1 V2) parking spaces per unit Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit The project proposes a mix of one (1) and three (3) bedroom units for a total of 69 dwelling units. A recreation / clubhouse area is also proposed. Therefore, based on the above referenced number of units and the amenity, the project requires a total of 142 parking spaces. The site pian shows that each unit would have a single or double garage with an outside tandem space. In summary, the plan proposes 72 garage parking spaces, 72 tandem parking spaces, and 31 off-street parking spaces for a total of 175 parking spaces, or an excess of 33 spaces. According to the site plan, the 90-degree parking stalls would be dimensioned nine (9) feet in width by 16 feet in length with two (2) feet of overhang (l8-feet in total length). The handicap parking spaces would be dimensioned 12 feet in width (with an extra 5-feet of striping) and 18 feet in length. A note on sheet SP-2 of 2 Indicates that roll-out garbage and recycle containers would be placed at the edge of the individual driveways of the tandem parking spaces. The roll-out containers would only be In this awkward location on trash pick-up days. This temporary location would not be an issue for efficient solid waste removal. Landscaping: As previously mentioned, the survey indicates that there are a total of 53 existing trees on-site. The tree disposition plan (L-6 of 6) indicates that 19 would be relocated and one (1) would be left in place. The remaining trees would be removed and mitigated. The tree species to be relocated would be the following: Coconut palm, Citrus tree, Alexander palm, Royal palm, and Cabbage palm. According to the site plan tabular data (sheet SP-2 of 2), the proposed landscaped area would equal 0.88-acre or 23.5% of the site. The Plant List indicates that 82 of the 99 shade trees (83.8%) of the shade trees would be native while 52 of the 81 palm trees (64%) would be native. Likewise, 2,007 of 3,913 or 51.3% of the shrubs / groundcover plants would be native. This meets the intent of Chapter 7.5, Article II, Section 5.P of the Land Development Regulations. The site plan (sheet SP-l of 2) shows that the western landscape buffer (adjacent to U.S. 1) would vary in width but would be at least 20 feet at Its narrowest pOint The Main Entrance Area Landscape Plan (sheet l-2 of 6) shows that an black aluminum fence, six (6) feet in height is proposed within the western landscape buffer, approximately 11 feet away from the west property line. The perimeter plantings proposed between the fence and the property line wouid include Royal and Bizmark palm trees, Pigeon Plum shade trees in conjunction with Ixora 'Nora' Grant, Aztec grass, Japanese Yew, and Redtip Cocoplum hedges. The plant material proposed east of the wall but west of Building One would Include Purple Glory trees, Cabbage palm, Green Buttonwood, Pink Hibiscus tree, Aztec grass, Redtip Cocoplum, Southern Wax Jasmine, and Travelers tree. The development's front entrance (shown on sheet l-1 of 6) would be heavily landscaped with an array of trees, hedges, and groundcover. Two cross sections have been provided to Illustrate the varying heights of trees and shrubs. Staff Report-Seaview Park Club (NWSP 04.014) Memorandum No PZ 04-294 Page 5 The north side landscape buffer would be three (3) feet in width. This narrow strip In itself would not be wide enough to effectively screen the subject property from the abutting property to the north, However, the project intent is to consider the combined effect of the three (3) foot wide buffer with the existing south landscape buffer of the abutting property to the north. Where the hedge and tree requirements are met on one property, only the green space width shall be required for the abutting property in accordance with Chapter 7.5, Article II, Section 5.D.E. of the Land Development Regulations. The south landscape buffer of the Manatee Bay complex is approximately 15 feet in width. During a site visit, staff noted a difference in ground elevation (possibly for drainage purposes) between the subject property and the abutting property to the north. The site inspection also revealed that Manatee Bay's south landscape buffer contained 10- foot tall Ficus hedges with clusters of 16-foot to lS-foot tall Mahogany trees spaced 10 feet apart, 16-foot to lS-foot tall Pongam trees spaced 10 feet to 15 feet apart, 14-foot to 16-foot tall Cabbage palm trees spaced five (5) feet apart, and clusters Seagrape bushes. Staff suspects that some of the plant material was lost due to the recent hurricanes of last fall. Regardless, the proposed landscape plan does not show this existing plant material of Manatee Bay's southern landscape buffer. Also, overhead FP&L power lines traverse along the subject property's north property line (within the north landscape buffer). The presence of these power lines would limit the type of tree species that may be planted within this buffer. The tree canopy cannot conflict with the utility lines. Therefore, any trees proposed within this three (3) foot wide buffer must conform to FP&L's Right Tree - Right Place publication. At the time of permitting, the landscape plan would have to be revised to show the existing landscape material of the abutting property to north. The existing landscape material of the abutting property to the north would have to be such that it meets the intent of the aforementioned code. Any additional trees proposed within the subject property's three (3) foot wide landscape buffer would have to adhere to Florida Power and Light (FP&L) Right Tree - Right Place publication (see Exhibit "c" - Conditions of Approval). It should be noted that the property owner to the north always reserves the right to request a modification from the approved landscape. However, a modification to the landscape plan would require staff review in order to ensure minimal code compliance. The width of the rear (east) landscape buffer, adjacent to the Intracoastal Waterway, would vary but would be approximately 10 feet wide at its narrowest point. This buffer would Include plant material such as Split Leaf Philodendrum, Green Buttonwood hedges and trees, Ixora 'Nora' Grant, Redtip Cocoplum, Southern Wax Jasmine, Solitaire palm, Coconut palm, and Pigeon plum trees. Adjacent to the single-family neighborhood to the south, the south landscape buffer would be nearly 10 feet In width. This landscape buffer would Include a six (6) foot high pre-cast wall, clusters of Coconut Palm, Laurel Oak, Pink Trumpet, and Cabbage palm trees, and a row of Florida Royal palm trees. Myrslne and Fakahatchee grass would be Installed on the north (Interior) side of the wall. The cross-section labeled "Section Thru South Buffer" on sheet L-l of 6 illustrates the dimensions of the parking lot and pervious area of the southern landscape buffer. Staff Report-Seaview Park Club (NWSP 04-014) Memorandum No PZ 04-294 Page 6 The "Site Cross-section between Bldg 3 and 4 Facing West" illustrates the line of site from Yachtman's Cove to the subject property. The detail shows that the Florida Royal Palm trees would be 35 feet in height, the Cabbage palm trees would be 24 feet In height, and the remaining trees would be 18 feet in height. The developer states that the landscape buffer and height of wall along the southern landscape buffer should mitigate any potential glare from vehicle headlights. Staff concurs. The south landscape buffer is important to the compliance of this project with regards to the design and compatibility requirements and standards of the IPUD zoning district. Therefore, staff recommends that the plant material proposed within the south landscape buffer be installed in such a way as to provide immediate buffering, This can be accomplished by utilizing five (5) installation tactics: minimize the removal of palm fronds from all proposed palm trees prior to their installation If possible in accordance with industry standards, install all proposed trees at their maximum height (within their specified range of heights) without jeopardizing the visual buffering of lower-to-mid-Ievel screening above the wall, increase the size of the Laurel Oak trees (18 to 20 feet in height) proposed directly "in front" of the buildings (outside the landscape buffer), replace the stretch (series) of palm trees with canopy trees consistent with the remainder of the buffer, and insert additional palm trees within the south landscape buffer in areas where tip-to-tip spacing is not entirely accomplished (see Exhibit "c" _ Conditions of Approval). Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the IPUD zoning district with a density of 18.37 dwelling units per acre. The maximum density aliowed by the Special High Density Residential land use classification is 20 dwelling units per acre. The 69 condominium units are proposed within four (4) separate buildings on the 3.756-acre site. Each building would contain a varying number of dwelling units. According to the Unit Mix Table on sheet SP-2 of 2, Building One would contain 18 units while Buildings Two, Three, and Four would contain 17 units. The condominium units would either be one (1) bedroom / one (1) bath or three (3) bedrooms / two (2) baths. No two (2) bedroom units are proposed. The one (1) bedroom / one (1) bath model would be 960 square feet "under air" while the three (3) bedrooms / two (2) bath models would range from 1,639 square feet to 2,415 square feet "under air". The IPUD zoning district allows a maximum building height of 45 feet and up to four (4) stories tall. However, a lesser building height could be imposed if compatibility with the adjacent properties would be in jeopardy. The project proposes four (4) separate buildings, all of which would be 4-storles tall. The elevations show that the top of the parapet wall (for the flat portion of the roof) would be 45 feet in height. Ukewlse, the mean height of the pitched portion of the roof would also be 45 feet. As previously mentioned, the abutting property directly to the north (Manatee Bay apartments) contains dual zoning districts, namely Community Commercial (C-3) and Multi-family Residential (R-3). The buildings that comprise the Manatee Bay complex were designed as three (3) story structures with a building height of 38 feet. Similarly, the abutting property directly to the south also contains dual zoning districts (Community Commercial / C-3 and Slngle- family Residential / R-1-M). The C-3 zoning district allows a maximum building Staff Report -Seaview Park Club (NWSP 04-014) Memorandum No PZ 04-294 Page 7 height of 45 feet. However, the R-l-AA zoning district only allows a maximum building height of up to 30 feet (mid-point of roof), a difference of 15 feet. Initially, staff informed the developer that the proposed building height on the subject property would be a critical design element to consider when requesting to rezone to the IPUD zoning district. For this parcel, building height compatibility is very important due to its close proximity to single-family detached homes (to the south) and Manatee Bay's three (3)-story apartment buildings (to the north). These properties have both varying residential intensities and building heights, As previously mentioned, the abutting property to the southwest is zoned C-3, The C- 3 zoning district allows a maximum building height of 45 feet. Therefore, the proposed building height on the western quarter of the subject property is of less concern as it is on the eastern three-quarters. The elevations of Building One, proposed on the westernmost quarter of the subject property, shows that the building would be four (4) stories tall with the top of the parapet wall at 45 feet in height. However, the abutting properties to the southeast that comprise the Yachtsman's Cove neighborhood are zoned R-l-AA and consists of single-story and two-story homes. Therefore, building height compatibility on the eastern three- quarters of the subject property is important because it directly abuts the slngle- family homes to the south. Initially, staff suggested that the applicant reduce the proposed building height of the south elevation (facing the Single-family neighborhood) from 45 feet to 34 feet - six (6) inches (to top of parapet) in an attempt to improve compatibility with the properties to the southeast and to reduce the height discrepancy. Staff felt that decreasing the height of the south fac;:ade would provide an equitable transition between the maximum height of 30 feet allowed In the adjacent single-family neighborhood and the 45-foot height allowed in the adjacent, multi-family district. However, after considering the ultimate height of the proposed structure (45 feet), evaluating the effects of comparable situations elsewhere, considering that the majority of adjacent single-family homes are one-story or two-story and less than 30 feet in height, and after reconsidering the intent of the IPUD district to maximize compatibility, staff has determined that compatibility would be achieved by limiting structure height to a maximum 008 feet (see Exhibit "c" - Conditions of Approval). As Indicated in the ordinance, a "transition" should be accomplished in this situation, which is best achieved by a height which does not exceed the existing heights of the adjacent multi-family development, and which transitions from the maximum height allowed in that adjacent multi-family district, 45 feet. The staff recommendation to limit the buildings to 38 feet may jeopardize the valuable penthouse units but it is vital for height compatibility. It Is important to note that the homes In Yachtman's Cove to the south may be developed as two (2) story structures with a maximum building height of 30 feet. In contrast, the Manatee Bay complex to the north could be redeveloped or expanded with four (4) story, mUlti-family buildings with a maximum building height of 45 feet In height under both the C-3 and R-3 zoning regulations. Using rational zoning principles, the allowable average height between the abutting properties to the north and south Is 37 feet - six (6) inches. It should be noted that under the current zoning district regulations, a 30-foot tall house may be constructed only 25 feet from the south property line without any required buffering or landscaping. Conversely, this project's buildings are proposed over 48 feet from the south property line. Therefore, a 3D-foot tall building proposed 25 Staff Report -Seaview Park Club (NWSP 04-014) Memorandum No PZ 04-294 Page 8 feet from the south property line could represent more visual impacts to the surrounding community than a three (3) story or 38-foot tall building height building proposed farther away from the property line. Staff opined that the proposed condominium project is reasonably compatible with the surrounding properties as stipulated herein and is similar to the development characteristics in the coastal area. A height limitation of 38 feet would meet the intent of the IPUD zoning regulations as it relates to building height and buffering. The IPUD zoning district contains no specific minimum building setback requirements other than mirroring the setbacks of adjacent zoning districts. However, a structure on the perimeter of an IPUD project that is adjacent to an existing single-family neighborhood must adhere to additional setback reauirements. The IPUD regulations require an additional one (1) foot building setback for each one (1) foot in building height that exceeds 30 feet. In this case, the proposed height of the condominium building would be 45 feet tall. Therefore, this would equate to an additional required setback of 15 feet (in conjunction with mirroring the setback of the abutting properties). The adjacent properties to the north and south contain multiple zoning districts. However, an existing neighborhood of single-family detached homes (zoned R-l-AA) abuts the subject property to the southeast. Therefore, this additiona/15 feet of setback would only be applied from the south property line. The required setback for the single-family homes to the south is 25 feet. The additional 15 feet of setback (required on the subject property due to the proposed building height) in conjunction with mirroring the 25 foot setback (of the single-family homes) equates to a required 40 foot side (south) setback. This project proposes a south (side) setback of 48.32 feet. According to the setback table on sheet SP-2 of 2, the side setbacks for the abutting properties to the north currently range from 10 feet to 30 feet. This project proposes a 45,67-foot side (north) setback. The balconies proposed on the north building fa~ade would extend into the north-side setback by four (4) feet but the edge of the balcony would still be 41.67 feet from the (north) side property line. The existing rear setback of the adjacent properties currently range from 20 feet to 40 feet. This project's proposed rear (east) setback would be 40 feet. The setback table on sheet SP-2 of 2, indicates that the front (west) setback for the adjacent properties (to the north and south) currently range from 20 feet to 40 feet. This project proposes a 31.69-foot front building setback. For this new site plan, all proposed building setbacks are consistent with the existing setbacks within the surrounding neighborhoods and meet the intent of the IPUD zoning district setback regulations. Outdoor patios are proposed on the north and south bUilding facades. A note on the elevations indicates "no patio enclosures - no screens allowed". The recreation area would be located at the eastern portion of the development overlooking the Intracoastal Waterway. It would include a 487 square foot cabana bUilding and a swimming pool. The elevation (sheet A2.17) of the one (I)-story clubhouse does not Indicate the dimension at the peak of the roof but shows that the deckllne would be 11 feet - one (1) Inch in height. It should be noted that the clubhouse would be located 20 feet from the north property line. This dimension was not Included within the setback table shown on sheet SP-2 of 2. Staff Report -Seaview Park Club (NWSP 04-014) Memorandum No PZ 04-294 Page 9 A lift station would be required to serve the cabana restrooms. The small grinder station would be located along the north side of the cabana building. Its location is identified on sheet SP-l of 2. According to the applicant, the pump station would require minimal maintenance and are visually benign, easy and safe to access, and very cost effective. It is necessary because the existing sewer infrastructure is not deep enough to proVide gravity sewer service to the east end of the site. Design: The design of the proposed buildings / clubhouse resemble a mixture between a Spanish-Mediterranean style with its smooth stucco finish and S-tile roof and a modern design with its decorative Permex shutters, decorative railings, black canvas awnings, and pre-cast decorative columns. The exterior walls of the buildings would be multi-colored consisting of the following Sherwin Williams paints: Kilim Beige - SW#6106, Lemon Chiffon - SW#6686, and White Flour _ SW#7102. The eievations of the clubhouse do not indicate the proposed building colors. Therefore, staff recommends the using the same colors on the clubhouse that would be used on the condominium buildings (see Exhibit "c" - Conditions of Approval). The plans propose one (1) type of outdoor freestanding lighting fixture. The photometric plan detail (sheet P-l of 1) shows that the light pole would be 18 feet - six (6) inches in height and made of black fiberglass. The photometric plan indicates that minimal or no light would "spill over" from the subject property to the abutting properties. Signage: The Front Wall / Fence at Entry Detail (sheet A2.13) shows that a sign would be located on the wall near the front entrance on U.S. 1. The detail shows the wall / sign structure would be eight (8) feet - eight (8) Inches in height. However, this residential subdivision sign may be no more than six (6) feet in height and 32- square foot in area (see Exhibit "c" - Conditions of Approval). The detail indicates the sign lettering would be black and of a Romans font. It would be placed on top of the sign face that would be textured with 16-inch by 16-inch travertine tile. The entire structure would be painted to match the condominium buildings. The sign medallion would be a 12-inch by 12-inch pineapple ornament. Staff recommends placing the address somewhere on the sign. RECOMMENDATION: Staff reviewed this project for compatibility between it and the adjacent properties. Factors considered in determining compatibility included the following: land use, density, height, dwelling type, style, activity, and performance. Staff reviewed these characteristics against the intent of the IPUD zoning regulations taking Into account the built environment of adjacent properties and development characteristics within the coastal areas. Staff has reviewed this request for new site plan approval, and based on the analysis contained herein, Is recommending approval of the site plan, contingent upon the successful request for land use amendment / rezoning (LUAR 04-010) and subject to satisfying all comments Indicated In Exhibit "eft - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly In the Conditions .of Approval, S:\Plannlng\SHARED\WP\PROJEcrs\Seavlew Park Oub\nwsp 04-014\Staff Report.doc Exhibit 'A' - Location Map e o , 100 200 400 600 800 -Feet w.. , ._--...,-~..."""., I @ I : I irl'nl IIIII ! lil! I 11111 II' I ~ I ~ fh li! 2;;: r ~ z "~ 1!!2E IHi'1 on '.2 '~ ~ , > I ~ , ~ t 0 - C '0 1'1 ~ .. 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"11 . 0"11 ~ 0 -i~ '<-u '0 _ ijgj -~ :y~ "'~ " '" "'" ,ilo. :?!i' 1iii6 !W1!1. z o Ii .en Q t . - I, . ~ a ~ , ~ ~- I g " ~~ ~ (Xl ~~ '11 i'f if Ii ,'/11, I' J , . !f 'i I, I S&Afllr PA.U" CLUB crrr or 80YN1'ON 1I8"CB, I'LOIU/U UN/U.R Jl<JJ(IS, INC. IUClW.rJON .ow. UNDSCAPZ PLAN1'tNc PLAN c...... Burg... _1__ --......-.. ...-.-- ~~"=' = .--- EXHIBIT "C" Conditions of Approval Project name: Seaview Park Club File number: NWSP 04-014 Reference: 2"" review plans identified as a New Site Plan with a December 7, 2004 Planning and Zoning Department date stamp marking, I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: I. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 2. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time, All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 3. All utility easements shall be shown on the site plan and landscape plans (as X well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future, The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 4. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 5. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g,p.m. (500 g.p,m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is COA 01/07105 2 DEPARTMENTS INCLUDE REJECT greater (CODE, Section 26-16(b )). 6. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or e"]Jected demand. 7. In regards to sanitary service, this project probably will require a lift station X on site, with the option to connecting to the existing sanitary system located in Manatee Bay Apartments (to the north.) A preliminary review will be required with the Utilities Department. 8. A building permit for tliis project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this proiect, in accordance with the CODE, Section 26-15. 9. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 10. The site addressing shall be visible from the street (with letters a minimum 6 X inches in height with I Y2-inch width (stroke). II, At the time of permitting, Fire department vehicle access shall be maintained X from the from the beginning to the finish of the project. 12. At the time of permitting, all fire protection equipment shall be operable and X accessible during each phase of construction. POLICE Comments: None X BUILDING DIVISION Comments: 13, Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives per 200 I FBC, Section 705.1.1.2. COA 01/07105 3 I DEPARTMENTS INCLUDE REJECT 14. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph, Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 15. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pst) on the plans for the building design. 16. Buildings three-stories or higher shall be equipped with an automatic X sprinkler system per F,S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 17. At time of permit review, submit signed and sealed working drawings of the X . proposed construction. 18. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 19. Please have the applicant provide the City with a copy of the letter that will be X sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool/clubhouse/recreation building. 20. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available 21. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216, 22. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the COA 01/07/05 4 I DEPARTMENTS INCLUDE REJECT Commission-approved site plans. c. The number of dwelling units in each building. d. The number of bedrooms in each dwelling unit. e. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 23. At the time of permit review, submit separate surveys of each lot, parcel or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 24. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: a. A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 25. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 26, The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 27. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: a. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. b, All shoring and re-shoring procedures, plans and details shall be submitted. c. All plans for the building that are required to be signed and sealed by the COA 01/07/05 5 I DEPARTMENTS INCLUDE REJECT architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F,S, Section 633. 28. All the dwelling units in the building are considered "covered dwelling units" X and shall comply with the Florida Fair Housing Act, F.S. 760.20 and the Federal Fair Housing Act, 24 CFR 100.205. Indicate on the plans which design option (A or B) is being utilized for the design of the dwelling units. 29. Clearly show the required clear floor spaces at all the fixtures and appliances X in accordance with the Fair Housing Act 30. The elevators shall be designed for wheelchair users to enter the car, X maneuver within reach of controls and exit from the car. Comply with ANSI Standard AII7.l-l986, Section 4.10, PARKS AND RECREATION Comments: 31. Recreation Facilities Impact Fee - based on the formula the fee is computed X as follows: 69 multi-family units X $656 ea. = $45,264 Private Recreation Facilities Provided - Swimming pool with Cabana, Barbeque Areas, Exercise Rooms, FORESTER/ENVIRONMENTALIST Comments: 32. The proposed trees should be installed at a minimum height that will provide X for tree canopies at the 25'-35' height level along Federal Highway, These trees should be installed in an effort to break up the expanse of the buildings. This design should visually obscure portions of the second / third story levels of the buildings. The applicant should evaluate the trees design along the North, South, and West elevations shown on landscape sheet A2.08, A2.09. 33, At the time of permitting, provide a more accurate and detailed cross-section X of the existing southern landscape buffer of Manatee Bay apartments, The cross-section should include the width, ground elevation, existing plant material and their height. 34. At the time of permitting, provide a cross-section of the entire length of the X proposed northern landscape buffer. The cross-section should include all landscape material proposed within the 3-foot wide landscape buffer on the COA 01/07/05 6 DEPARTMENTS INCLUDE REJECT subject property in conjunction with the existing plant material located within the southern landscape buffer of Manatee Bay Apartments. This illustration should be in-scale with the 4-story condominium building proposed within this project as shown on sheet A2.16. PLANNING AND ZONING Comments: 35. Approval of this site plan is contingent upon the accompanying request for X land use / rezoning application (LUAR 04-010). This includes the proposed project density. Include a note regarding LUAR 04-010 in the site plan tabular data (sheet SPI of I). 36. One (I) bedroom dwelling units require one and one-half (I Yz) parking X spaces. Two (2) and three (3) bedroom dwelling units require two (2) parking spaces. The recreation area would require five (5) parking spaces, This project requires 142 parking spaces and should be noted as such in the site plan tabular data. The plan proposes 72 garage spaces, 72 tandem spaces, and 3 I off-street spaces, for an excess of 33 spaces. Please revise the site plan tabular data to indicate this information. 37. At the time of permitting, the clubhouse elevations shall indicate the paint X manufacturer's name and color code. Staffrecommends using the same color palette for the clubhouse that was used for the condominium building. 38, All new docks would require approval from the U.S. Army Corps of X Engineers. Who owns the wood docks? Will they be removed? Do they have permits? If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage built will not exceed in width, the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit (Chapter 2, Section 5,LA.g.(3)). 39. Project compatibility will be judged on how well the proposed development X fits within the context of the neighborhood and abutting properties. Provide elevations and cross-sections showing adjacent structures within this site plan application (ChilE.ter 2, Section 5,L.4.g.(I)), 40. The IPUD zoning district contains regulations regarding vehicular circulation X (Chapter 2, Section 5A.h,). Provide documentation from the Florida Department of Transportation that suggests their preference for the location of the proposedl'oints of ingress and egress. 41. A drainage statement is required prior to the Technical Review Committee X meeting (Ch~er 4, Section 7,F,2.), COA 01/07/05 7 DEPARTMENTS INCLUDE REJECT 42. Provide a detail of front entry wall, including its dimensions, material, and X color (Chapter 4, Section 7.0.). Also, on the main entrance landscape plan (sheet L-2 of 5), indicate how far away the wall will be from the west (front) pr~erty line. 43. Provide a detail of the fence proposed around the pool/clubhouse area, X including its dimensions, material, and color (Chapter 4, Section 7,0.). 44. The residential subdivision sign may be no taller than six (6) feet in height X and more than 32 square feet in area (Chapter 21, Article IV, Section LB.). Staff recommends placing the address on top of the sign face. 45. Provide more detail of the cross-section of the buffer. Staff recommends X adding decorative caps and score lines to the buffer wall. 46. Where the hedge and tree requirements are met on one property, only the X green space width shall be required for the abutting property in accordance with Chapter 7.5, Article II, Section 5,D.E. of the Land Development Regulations, At the time of permitting, the landscape plan would have to be revised to show the existing landscape material of the abutting property to north. The existing landscape material of the abutting property to the north would have to be such that it meets the intent of the aforementioned code. Any trees proposed within the subject property's three (3) foot wide landscape buffer would have to adhere to Florida Power and Light (FP&L) Right Tree - Right Place publication. 47. At the time of permitting, on the landscape plan, ensure that the plant X quantities match between the tabular data and the graphic illustration. 48. Staff recommends limiting the maximum building height of Buildings Two, X Three, and Four to 38 feet in order to maximize compatibility between the subject property and the abutting properties / structures. 49. In order to maintain consistency of the appearance of the roof-top patio area, X canopies, and other items other than plants, which are visible from adjacent properties, shall be as shown on the site plan or done uniformly as a minor site plan modification to the approved plan. 50. Where possible, staff recommends installing one (1) tree per 30 linear feet X and short (small) palm trees within the 3-foot wide north landscape buffer. The proposed trees should be consistent with the allowable trees species as jJCr FPL' s Right Tree / Right Place publicatio11{s). 51. Where possible, staff recommends increasing the installation height of the X Laurel Oaks trees proposed within the parking islands on the north and south sides of the buildings. The trees should be installed at a height of 18 feet to 20 feet rather than 16 feet to 18 feet. COA 01/07/05 8 I DEPARTMENTS INCLUDE REJECT 52. Staff recommends installing tall, slender palm trees (such as Carpentaria or X Solitaire) within each vacant interior parking island on both the north and south sides of the building. The intent is to further break up the building fa9ades with additional plant material. These trees should be installed at the same height as the Laurel Oaks and meet the clear trunk requirements of the landscape code. The type of palm tree will be overseen by the City Forester at the time of permitting. 53. Staff recommends installing the Cabbage palm trees (proposed along the X south property line) without the typical "hurricane cut". This would help to provide immediate screening upon tree installation. 54. Staff recommends that the plant material proposed within the south landscape X buffer be installed in such a way as to provide immediate buffering. This can be accomplished by utilizing the following tactics: install all proposed trees at their maximum height (within their specified range of heights) without jeopardizing the visual buffering of lower-to-mid-Ievel screening above the wall, replace the stretch (series) of palm trees with canopy trees consistent with the remainder of the buffer, and insert additional palm trees within the south landscape buffer in areas where tip-to-tip spacing is not entirely accomplished. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 55. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 56. To be determined. MWRJelj S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\nwsp 04-014\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Sea view Park Club AGENT: Mr. Michael Weiner / Weiner & Aronson, PA AGENTS ADDRESS: 102 North Swinton Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 18, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 69 condominium units on 3.756 acres in the IPUD zoning district. LOCATION OF PROPERTY: DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5, This Order shall take effect immediately upon issuance by the City Clerk, 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\PlanningISHAREDlWP\PROJECTS\Seaview Park Club\nwsp 04-014\DO,doc VIII.-PUBLlC HEARING ITEM A. 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 Meetine Dates in to City Clerk's Office D December 7, 2004 November 15, 2004 (Noon.) D February 1, 2005 January 17,2005 (Noon) D December 21, 2004 December 6, 2004 (Noon) [gJ February 15, 2005 January 31, 2005 (Noon) D January 4, 2005 December 20, 2004 (Noon) D March 1, 2005 February 14, 2005 (Noon) D January 18, 2005 January 3, 2005 (Noon) D March 15,2005 February 28, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM [gJ Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this Ordinance (2nd reading) item on the February 15, 2005 City Commission Agenda under Public Hearing, so as to combine it with the corresponding site plan item (NWSP 04-014). The City Commission tabled this request on February I, 2005 to allow for reprocessing of the legal notices. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-298. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Seaview Park Clnb (LUAR 04-010) Weiner & Aronson) P .A. Wayne Irving and Charlene Darst 1620 North Federal Highway (east side of North Federal Highway, approximately 1,000 north of the Boynton (C-16) canal) Request to reclassify :!:3.81 acres of land by amending the Comprehensive Plan Future Land Use Map from Low Density Residential and Local Retail Conunercial to Special High Density Residential. Proposed Use: Residential Condominium Development PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: /' N/A N/A N/A =v~,,~_~ , I me Department Director /L,/() 7- {'/ Planning and Zoning (Ji ector City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\luar04-010\Agenda Item Request Seaview Park ClubLUAR 04-010 2nd reading amend 2-15- 05.dot S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 05-ado 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 5 89-38 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN 7 FOR A PARCEL OWNED BY LENNAR HOMES, 8 INC., AND LOCATED ON THE EAST SIDE OF 9 FEDERAL HIGHWAY APPROXIMATELY 1,000 10 FEET NORTH OF THE BOYNTON (C-16) 11 CANAL; CHANGING THE LAND USE 12 DESIGNATION FROM LOW DENSITY 13 RESIDENTIAL AND LOCAL RETAIL 14 COMMERCIAL TO SPECIAL HIGH DENSITY 15 RESIDENTIAL; PROVIDING FOR CONFLICTS, 16 SEVERABILITY, AND AN EFFECTIVE DATE. 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 20 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local 21 Government Comprehensive Planning Act; and 22 WHEREAS, the procedure for amendment of a Future Land Use Element of a 23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 24 and 25 WHEREAS, after two (2) public hearings the City Commission acting in its 26 dual capacity as Local Planning Agency and City Commission finds that the 27 amendment hereinafter set forth is consistent with the City's adopted Comprehensive 28 Plan and deems it in the best interest of the inhabitants of said City to amend the 29 aforesaid Element of the Comprehensive Plan as provided, 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S,\CA\O~dinances\Plannin9\Land use\Seaview Club.doc 1 Section 1: The foregoing WHEREAS clauses are true and correct and 2 incorporated herein by this reference, 3 Section 2: Ordinance No, 89-38 ofthe City is hereby amended to reflect the 4 following: 5 That the Future Land Use of the following described land located on the east 6 side of Federal Highway approximately 1,000 feet north ofthe Boynton (C-16) Canal in 7 Boynton Beach, Florida shall be changed from Low Density Residential and Local 8 Retail Commercial and shall now be designated as Special High Density Residential: 9 A parcel ofland lying in Section 22, Township 45 South, Range 43 10 East, Palm Beach County, Florida, being more particularly described 11 as follows: 12 13 That portion of the following described parcel lying east of the 14 easterly right-of-way line ofU,S, #1 (State Road #5) 15 16 Commencing at a point 314,74 feet south of the northwest comer of 17 Section 22, Township 45 South, Range 43 East, on section line 18 between Sections 21 and 22; thence running east 1427.45 feet parallel 19 with the north line of said Section 22 to Lake Worth; thence south 20 158.32 feet; thence west on a line parallel with said section line 21 1426,53 feet to the section line between Sections 21 and 22; thence 22 north 158,32 feet to the point of beginning 23 24 25 Subject to easements, restrictions, reservation and rights of way ofrecord, 26 27 28 Section 3: That any maps adopted in accordance with the Future Land Use Element 29 of the Future Land Use Plan shall be amended accordingly, 30 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 31 repealed. 32 Section 5: Should any section or provision ofthis Ordinance or any portion thereof S,\CA\Ordinances\Planning\Land Use\Seaview Club.doc 1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 2 the remainder of this Ordinance, 3 Section 6: This Ordinance shall take effect on adoption, subject to the review, 4 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 5 Planning and Land Development Regulation Act. No party shall be vested of any right by 6 virtue of the adoption ofthis Ordinance until all statutory required review is complete and 7 all legal challenges, including appeals, are exhausted, In the event that the effective date is 8 established by state law or special act, the provisions of state act shall control. 9 FIRST READING this ~ day of JCUlua.,t ,2005, 10 SECOND, FINAL READING and PASSAGE this ~ day of FebrtMI ""{' 11 2005, 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: 29 30 31 City Clerk 32 3 3 (Corporate Seal) 34 Mayor Vice Mayor Commissioner Commissioner Commissioner S,\CA\Ordinances\Planning\Land Use\Seaview Club.doc TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING" ZONING DMSION MEMORANDUM NO. PZ 04-298 Chair and Members CommunIty Redevelopment Agency Board and Mayor and ~Isslon DIck HUdso~P Senior Planner j\~ MIchael W. Rumpf Director of Planning and ZonIng January 3, 2005 Seavlew Park Oub (LUAR 04-010) Amend the future land use desIgnation from Local Retail Commercial (LRC) and Low Density ResIdential (LOR) to Special High Density Residential (SHDR); and, Rezone the property from C-3 Community Commercial and R-l- AA Single-family Residential to IPUD-Inflll Planned Unit Development. Property Owner(s): Applicant! Agent: Location: Parcel Size: ExIsting Land Use: ExIsting ZonIng: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPnON . Wayne Irving and Charlene Darst; Carmen Hubert Irving and Gail Ann Irving; Carmen Hubert Irving Revocable Trust Lennar Homes, Inc./Welner & Aronson, P.A. East side of Federal Highway approximately 1,000 feet north of the Boynton (C-16) Canal (ExhibIt "A") :1:3.756 acres Local Retail CommercIal (LRC) and Low DensIty Residential (LOR) C-3 CommunIty Commercial and R-l-AA Single-family Residential Special High Density Residential (SHDR) with a maximum densIty of 20 dwelling units per acre (du/ac) IPUD Inflll Planned Unit Development 69-unlt CondomInium Development Page 2 File Number: LUAR 04-010 Name: Seavlew park Club Adjacent Uses: North: Developed multi-family rental complex (Manatee Bay) desIgnated Local Retail Commercial along Federal Highway and High Density ResIdential (10.8 du/ac) eastward to the Intracoastal Waterway, and zoned R-3 MUlti-family Residential. South: To the south along Federal Highway, developed commercIal strIp center (Yachtsman's Plaza) designated Local Retail Commerdal (LRC) and zoned C-3 Community Commerdal; eastward of that, a developed sIngle family neIghborhood (Yachtsman's Cove) desIgnated Low Density Residential (4.84 du/ac) and zoned R-l- AA SIngle Family ResIdential. Intracoastal Waterway. Rights-of-way of Federal HIghway and the Florida East Coast Railroad, then developed property fronting on N.E. 4t11 Street, designated High Density ResidentIal and zoned R-3 Multi-family ResidentIal. East: West: EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The proposed redevelopment is located in Planning Area I, as defined In the above-cited redevelopment plan, and therefore meets the crIteria for consideration of the land use amendment as described In Policy 1.16.1 of the Future Land Use Element of the Comprehensive Plan; 2. The project will not create additional impacts on Infrastructure that have not been anticIpated In the Comprehensive Plan; 3. The proposed site plan Is consistent wIth the Intent and requirements of the IPUD regulations and meets the requirements for compatibility wIth the adjacent single family neighborhood based on the proposed landscaping buffer, the extra setbacks and through creatIve architectural desIgn; and, 4. The proposed project will have a posItive Impact on values of adjacent property and will contribute to the overall economic development of the City. PROJECT ANALYSIS Chapter 163.3187, Florida Statutes states the requirements for small-scale Comprehensive Plan map amendments. The proposed amendment must Involve a use of fewer than ten (10) acres and a residential use must have a densIty of ten (10) units or less In density, unless the subject Page 3 File Number: LUAR 04-010 Name: Seavlew Park Club property Is located In an area designated for urban Inflll, urban redevelopment, or downtown revitalization. The parcel, which Is the subject of thIs land use amendment, total 3.756 acres, Even though the requested density Is greater than 10 dulac, It Is located within a recognized redevelopment area. Because of thIs and the size of the property under consideration, the amendment qualifies as a "small scale" amendment. A "small-scale" amendment Is adopted prior to forwarding to the Florida Department of Community AffaIrs and Is not revIewed for compliance with the state, regional and local comprehensive plans prIor to adoption. Master PIan/SIte Plan Overview The IPUD regulations are Intended to be used In situations where new development or redevelopment Is proposed within an already developed area or neighborhood located In the "Federal HIghway Confdor CommunIty Redevelopment Plan"study Areas I and V. A mixture of uses, Including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic Intent of the Zoning Code and the ComprehensIve Plan will be followed, When the IPUD Is to be developed In a sIngle phase, the Site Plan for the development may also represent the Master Plan. A request for SIte Plan Approval Is beIng processed concurrent with this request for future land use map amendment and rezoning. It Is a basic public expectation that landowners requesting the use of the IPUD distrIct will develop design standards that exceed the basic development standards In tenns of site design, building architecture and construction materials, amenIties and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parkIng lot and circulation design, and setbacks, will be dependent on how well the above stated planning expectations are met In the proposed development plan. The IPUD shall minimize adverse Impacts on surrounding property, The City Is not obligated to automatically approve the level of development IntensIty requested for the IPUD. Instead, It is expected to approve only such level of Intensity that Is appropriate for a particular location In terms of land use compatibilities. The City may require, as a condition of approval, any limitation condition, or desIgn factor that will provide a reasonable transition to adjacent development. In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Further, it must be an enhancement to the local area and the city In general. Presentation of projects that fall to do so will be denied. Each IPUD project Is Independent and will be evaluated solely on Its own merits. The InclusIon of certain features In a prevIously approved IPUD project will not be entertained as a valid argument for the Inclusion of that same feature In any other IPUD project If the Oty decIdes to reject those features. While the details of the proposed site plan are a companion agenda Item, a brief overview of the sIte plan Is Included below. SIte Plan AnalysIs The Special High DensIty Residential land use category allows up to a maximum of 20 du/ac. In this Instance, the applicant Is proposing a development containing 69 units for an overall density of 18.37 du/ac. Three of the unIts have one bedroom and the remaIning 66 have three bedrooms. The one-bedroom unIt would be 960 square feet (sq. ft.); the three-bedroom unIts Page 4 FIle Number: LUAR 04-010 Name: Seavlew Park Oub range from 1,639 sq. ft. to 2,415 sq. ft. These are arranged In four separate buildings extending from Federal HIghway eastward to the Intracoastal Waterway. The building closest to Federal HIghway (Building 1) Is a four-story building wIth an overall height (to top of parapet or to midpoint of gable or hipped roof) of 45 feet. The remainIng three buildIngs (Buildings 2, 3, and 4) have an overall height of 45 feet on the north elevation and 34.5 feet on the south elevatIon, Terraces for the top-floor unIts occupy a portIon of the roof area on the south sides of these three buildings, but do not extend to the south edge of the roof. IPUD zoning district regulations contain no constant minImum setback requirements, requiring however, that setbacks mirror setbacks of adjacent development. In Instances where vegetation, screenIng or other barriers and/or creative design on the perimeter of an IPUD do not achieve compatibility wIth adjacent uses, sIngle-family residential development In particular, an additional setback of one foot for one every foot of height over 30 feet, may be requIred. In the plans under revIew, the developer Is proposIng a 10-foot wIde landscape buffer including a 6-foot high pre-cast wall along the south property line and landscaping, consisting of 35-foot Royal Palms 60 feet on center, Interspersed with dusters of Coconut Palms, Laurel Oaks, Cabbage Palms and Pink Trumpet Trees, with understory plantlngs spaced from 8 feet to 10 feet. It should be noted that the Land Development Regulations do not requIre landscaping between resIdential projects and typical minimum spacing per the code Is 30 feet. The cross- section labeled "Section Thru South Buffer" Illustrates the proposed heights of the plant materials. The proposed setback from the south property line (where abutting property has a rear setback of 25 feet) is 48 feet, 3-1/2 Inches. The site plan proposes one (1) main point of entrance and one of egress from Federal Highway. A loop drive encircles the property. A recreation area is proposed adjacent to the Intracoastal Waterway. This area contains a cabana with two restrooms and a roofed pavilion, a swimmIng pool and deck. Landscaped areas buffer the amenity on both the north and south. In addition, there are two barbeque patios, one between buildings one and two; the other is between buildings three and four. Exercise rooms In buildings one, two and three are adjacent to these patIos. Staff has recommended approval of the site plan based on 54 conditIons of approval, IncludIng the stipulation that the project be reduced In height to minimize any Incompatibility with the adjacent neIghborhood. Review Based on Reaulred Criteria 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. a. Whether the proposed rezonIng would be consIstent with applicable comprehensIve plan polldes Indudlng but not limIted to, a prohIbition agaInst any Increase In dwellIng unIt densIty exceedIng 50 In the hunicane evaaJafion zone without written approval of the Palm Beach County Emergency PlannIng DMs/on and the Oty's risk Page 5 File Number: LUAR 04-010 Name: Seavlew Park Club manager. The plannIng department shall also recommend lImItations or requirements, which would have to be Imposed on subsequent development of the property, In order to comply with policIes contained In the comprehensive plan. The subject property Is located In the hurricane evacuation zone; however, the proposed 69- unit condominium community Is replacing an existing legal non-conforming use that Is licensed for 64 mobile home units, ThIs is a net Increase of only 5 units. In addition, the proposed project will replace an antiquated mobile home park wIth Improvements that are significantly less vulnerable to the effects of major winds on older mobile homes since they must meet minimum standards for High Velocity Hurricane Zones as requIred by the FlorIda Building Code, The criteria for assigning the Special High Density Residential land use category are found In Policy 1.16,1 of the Future Land Use Element: "This land use category shall consist of redevelopment and Inflll residential areas assigned to this land use category In the port/on of the designated Community Redevelopment Area identlfled as Planning Area I and Planning Area V in the "Federal Highway Corridor Community Redevelopment Plan '; adopted on May 15, 2001. H The proposed redevelopment is located in Planning Area I, as defined in the above-cited redevelopment plan, and therefore is consistent with this portion of Policy 1.16.1. The Infill Planned Unit Development (IPUD) Zoning District as set forth by the City of Boynton Beach ("City") was created for the purpose of allowing flexlblllty to accommodate Infill and redevelopment on parcels less than five (5) acres in size specifically within the "Federal Highway Corridor Community Redevelopment Plan HStudy Areas I and V, The intent of the IPUD zoning district is to allow for a mixture of uses, including residential, retail commercial and office uses, Additionally, the IPUD zoning district was created to ensure compatiblllty of infill redevelopment with adjacent existing sIngle-family development, to clarify setback requirements and to provide standards for building design elements. The IPUD zoning regulations state that "it Is a basIc public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the basic development standards In terms of site design, building archItecture and construction materials, amenities and landscape design". Additional expectations of the IPUD are to minimize adverse Impacts on surrounding property; to be compatIble with and preserve the character of adjacent resIdential neighborhoods; to be an enhancement to the local area and the CIty In general; and, that It Is Independent and will be evaluated solely on Its own merits. Other policies contained In the ComprehensIve Plan that are applicable Include: Policy 1.19,1 The City shall continue efforts to encourage a full range of housIng choIces, by allowing densIties whIch can accommodate the approximate number and type of dwellIngs for whIch the demand has been projected in the Housing and Future Land Use Elements, Indudlng the provision of adequate sites for housing very-low, low-, and moderate Income households and for mobile homes,' Page 6 File Number: LUAR 04-010 Name: Seavlew Park Club Policy 1.19.7 The City shall continue to change the land use and zoning to permit only resIdentIal or other non-commercIal uses in areas where the demand for commercIal uses wIll not increase, particularly in the Coastal Areai and, The requested land use amendment and rezoning are consistent with both policies since it will remove the possibility that commercial development could be built on the front portion of the property, In addition, the requested changes are consistent with the follOWing strategies for PlannIng Area I, as stated in the "Federal Highwav Corridor Communltv Redevelooment Plan"; 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 expansioni 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. 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 protect/on of the public welfare. The requested land use amendment and rezoning will promote efficient use of the subject property. The property's location within both the Community Redevelopment Area and Planning Area I of the Federal Highway Corridor suggests that the requested increase in density Is appropriate for the area. Adjacent properties lying north of the subject property and west, across the Federal Highway and FEC rights-of-way, are designated for high densIty residential uses. There Is an existing strip commercial development to the south along Federal Highway and eastward of that, a developed single family neighborhood extending to the Intracoastal Waterway. Currently, the commercial property could be redeveloped for residential use at maximum density of 10.8 dujac and a maximum height of 45 feet. The zonIng for the single family neIghborhood allows a maxImum density of 5.4 dujac and a maximum height of 30 feet. While the requested density Is greater than that of the abutting developments, It Is consistent wIth the transition In uses recommended In the Federal Highway CorrIdor Community Redevelopment Plan with the height stipulation as recommended herein. It Is also typical of the development pattern In the coastal area, where sIngle family neighborhoods and mUlti-family developments are found In close proxImIty and development heIghts vary greatly, based on the type of development, often without consideratIon of abutting development. At the suggestIon of staff, the applicant reduced the height proposed on the south elevation facing the single family neIghborhood, from 45 feet to 34 feet six (6) Inches to top of parapet. ThIs provided a transItIon to the maximum height of 30 feet as allowed In the adjacent single- family neighborhood. On the north elevation, the 45-foot height was left as consistent with the maximum height allowed In the adjacent, multi-family dIstrict. However, after considering the Page 7 Rle Number: LUAR 04-010 Name: Seavlew Park Club ultimate height of the proposed structure, evaluating the affects of similar situations where a single family neighborhood abuts a similar project (In heIght and density), considering that the majority of homes In the single-family neIghborhood are one-story or two-story at less than 30 feet, and after reconsIdering the emphasIs of the IPUD district to maximize compatibility, staff has determIned that the compatibility will best be achIeved by a structure no higher than 38 feet. As Indicated In the ordinance, a transition should be accomplished in this situation, which is best achieved by a height which does not exceed the existing heights of the adjacent multi- family development, and which transItions from the maximum height allowed In that adjacent multi-family distrIct, 45 feet. Even though the proposed density seems far greater than that permitted on the single family properties to the south, the subject property Is currently the site of a 64-unlt mobile home park at a density of 17.04 du{ac. The proposed density of the subject project Is 18.37 du{ac. Aside from density, thIs represents an approximately 4-acre expansIon of the R-3 Multi-family zoning to the north, c. Whether changed or changing conditions make the proposed rezoning desirable, The property is currently developed with an aging moblle home park, The redevelopment of the property Is desirable for beautification, economic development, as well as for the purpose of removing storm-vulnerable housing from the coastal high hazard area. The proposed rezoning marntalns the residential character of the area, and will provide an aesthetically pleasing living environment In proximity to the downtown. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Projected utility systems demands and traffic generation impacts were provided by the applicant and are shown below, Maximum Potential Water/Sewer Traffic Deveropment Population Demand Generation Potential Trlps{ day 64 mobile 19,96B gpd/ 503 homes 6000 69-unlt 25,116 gpd/ 475 condominium 11 302 The project Is located In Palm Beach County's Coastal ResIdential Exception Area, and therefore meets the provisIons of Palm Beach County Traffic Performance Standards. Water and sewer capacity exists to provide for the 7,148 gallons per day Increase In water demand and the 5,303 gallons per day required for sewer selVlce. With respect to solid waste, the Palm Beach County Solid Waste AuthorIty has stated that adequate capacity exists to accommodate the county's munldpalltles throughout the lO-year planning period. The School District of Palm Beach County has reviewed the application and has determIned that adequate capacity exists to accommodate the resIdent population. Lastly, Page 8 FIle Number: LUAR 04-010 Name: Seavlew Park Club drainage will also be reviewed In detail as part of the review of the conditional use application, and must satisfy all requIrements of the cIty and local drainage permIttIng authorities, e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby propertIes, or would affect the property values of adjacent or nearby propertIes. Along Federal Highway, the commercially zoned property has an allowable maximum building height of 45 feet, even though neither of these properties Is built to this maximum. LikewIse, the property to the northeast, which Is zoned R-3 MUlti-family ReSidential allows a maximum heIght of 45 feet. ThIs property, both the commercial and residential, Is developed at a height of 38 feet to roof peak. The single family neighborhood abutting the project on the southeast has a maximum allowable heIght of 30 feet and a rear setback of 25 feet. The IPUD regulations require an additional setback of 1 foot for each 1 foot that a structure adjacent to a developed single family neighborhood exceeds 30 feet; therefore the setback would be 40 feet for a structure of 45 feet. The proposed buildings are setback 48 feet, and have a maximum height on the south elevation of 34 feet six (6) Inches. Staff opines that a maximum transitional heIght of 38 feet would be compatible with the surrounding propertIes and therefore, with the further enhancements ot the suth buffer as described In the corresponding sight plan report conditions, meet the Intent of the IPUD zoning regulations as it relates to building height and buffering. With anticipated starting prices ranging from $300,000 to $600,000 for a three- bedroom unit, the project would, most likely, have a positive effect on values of adjacent properties. f. Whether the property is physically and economically developable under the existing zoning, The commercially-zoned portion of the property is slightly less than one acre, and could be redeveloped with commercial uses. The remaining portion of the property stretching to the Intracoastal Waterway could possibly be developed for sIngle family homes; however, the narrow configuration of the property and the value of waterfront properties are factors which limit the diversity in terms of residential development alternatives. Further, If single-family dwellings were built on the site, which are permitted uses as currently zoned, based on the land values and development trends, the homes could be built over 30 feet high (to peak of roof), placed 25 feet from the adjacent properties rear-to-rear or 10 feet slde-to-slde, and be Improved without any buffering or landscaping g. Whether the proposed rezoning Is of a scale which is reasonably related /l:I the needs of the neighborhood and the dty as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment In a hIghly visible entrance corridor to the City and will also support the current trend toward greater residential uses In this area, economic revitalization, and downtown redevelopment. Anticipated Impacts to trafflc, and demands for water and sewer are mInimal, baSically because there Is relatIvely little Increase In the number of residentIal units. The proposed project will have a positive Impact on property values and vIsual Impacts to adjacent properties would be Page 9 File Number: LUAR 04-010 Name: Seavlew Park Club mInImized through reductions In height, Increased setbacks and the proposed dense landscaping and bufferIng (I.e. tree spacing from 8feet to 10 feet). h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. In accordance with the definition of the SpecIal High Density Residentla/land use designation in Policy 1.16.1 of the Future Land Use Element, residential densities of 20 dulac 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 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/RECOMMENDATIONS As indicated herein, this request is consistent with the Intent of the Comprehensive Plan and respective redevelopment plan; will not create additional Impacts on Infrastructure that cannot be accommodated, meets the Intent of the IPUD regulations, and will contribute to the overall economic development of the City. Staff has also determined that the proposed site plan would meet the requirements for compatibility with the adjacent single family neighborhood based on the extra setbacks as provided, the stipulation herein to reduce maximum project height to 38 feet, and the proposed site plan conditions for enhancement of the landscape buffer, Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City CommissIon recommends conditions, they will be included within ExhIbit "B". ATTACHMENTS S:\Plannlng\SHARED\WP\PROJECTS\Seaview Park Oub\luar04-010\STAFF REPORT Seavlew.doc '.. t2 fd &&; ~ I J: .Sl : - e i 17 C1l' - III C.l o ... Exhibit A Seavlew Park Club Location Map - .N It III E E 8 - .. S D: o o ... - .. .... III D: High Density Resident al r ) High Density Resldenti - - N Feet J... 600 f\ o 75 150 300 450 .c?(.. , ",;' VIII.-PUBLlC HEARING ITEM A.:L CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetim! Dates in to City Clerk's Office D December 7, 2004 November 15, 2004 (Noon.) D February 1,2005 January 17, 2005 (Noon) D December 21, 2004 December 6, 2004 (Noon) i:8J February 15,2005 January 31,2005 (Noon) D January 4, 2005 December 20, 2004 (Noon) D March 1,2005 February 14,2005 (Noon) D January 18,2005 January 3, 2005 (Noon) D March 15,2005 February 28, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM i:8J Public Hearing i:8J Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this Ordinance (2"' Reading) item on the February 15,2005 City Conunission Agenda under Public Hearing, so as to combine it with the corresponding site plan item (NWSP 04-014). The City Conunission tabled this request on February 1,2005 to allow for reprocessing of the legal notices. For further details pertaining to the request, see atrached Department of Development Memorandum No. PZ 04-298. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Seaview Park Club (LUAR 04-010) Weiner & Aronson, P .A. Wayne Irving and Charlene Darst 1620 North Federal Highway (east side of North Federal Highway, approximately 1,000 north ofthe Boynton (C-16) canal) Request to rezone from R-3 Multi-family Residential and C-3 Community Commercial to Infill Planned Unit Development (IPUD). Proposed Use: Residential Condominium Development PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A :=Dalo r~.. - ~- - - -- City Manager' S gnalure kcJ{ ~- Planning and Z~ g Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\luar04~010\Agenda Item Request Seaview Park ClubLUAR 04-010 2nd reading rezone 2-15- 05(2).dot S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 ORDINANCE NO. 05- C07 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF WEINER & ARONSON, P.A., ON BEHALF OF LENNAR HOMES, INC., TO REZONE A PARCEL OF LAND, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND ON THE EAST SIDE OF FEDERAL HIGHWAY, APPROXIMATELY 1,000 FEET NORTH OF THE BOYNTON (C-16) CANAL FROM MULTI-FAMILY RESIDENTIAL (R-3) AND COMMUNITY COMMERCIAL (C-3) TO INFILL PLANNED UNIT DEVELOPMENT (IPUD); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 18 19 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 21 Ordinance No, 02-013, in which a Revised Zoning Map was adopted for said City; and 22 WHEREAS, Lennar Homes, Inc., owner of the property located on the east side 23 of Federal Highway approximately 1,000 feet north of the Boynton (C-16) Canal in 24 Boynton Beach, Florida, as more particularly described hereinafter, has heretofore filed a 25 Petition, through its agent, Weiner & Aronson, P.A" pursuant to Section 9 of Appendix 2 6 A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of 27 rezoning a parcel of land, said land being more particularly described hereinafter, from 28 Multi-Family Residential (R-3) and Community Commercial (C-3) to Infill Planned Unit 29 Development (IPUD); and 30 WHEREAS, the City Commission conducted a public hearing and heard 3 1 testimony and received evidence which the Commission finds supports a rezoning for the S:\CA\Ordinances\Planning\Rezoning\Rezoning - Seaview Club.doc 1 property hereinafter described; and 2 WHEREAS, the City Commission, acting in its dual capacity as Local Planning 3 Agency and City Commission has found that the proposed rezoning is consistent with an 4 amendment to the Land Use which was contemporaneously considered and approved at 5 the public hearing heretofore referenced; and 6 WHEREAS, the City Commission deems it in the best interests of the inhabitants 7 of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 9 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 10 Section 1, The foregoing Whereas clauses are true and correct and incorporated 11 herein by this reference, 12 Section 2, The following described land, located on the east side of Federal 13 Highway, approximately 1,000 feet north of the Boynton (C-16) Canal in the City of 14 Boynton Beach, Florida, as set forth as follows: 15 A parcel ofland lying in Section 22, Township 45 South, Range 43 East, 16 Palm Beach County, Florida, being more particularly described as 17 follows: 18 19 That portion of the following described parcel lying east of the easterly 20 right-of-way line ofU,S, #1 (State Road #5) 21 22 Commencing at a point 314.74 feet south of the northwest comer of 23 Section 22, Township 45 South, Range 43 East, on section line between 24 Sections 21 and 22; thence running east 1427.45 feet parallel with the 25 north line of said Section 22 to Lake Worth; thence south 158,32 feet; 26 thence west on a line parallel with said section line 1426,53 feet to the 27 section line between Sections 21 and 22; thence north 158.32 feet to the 28 point of beginning. 29 30 31 be and the same is hereby rezoned from Multi Family Residential (R-3) and Community S:\CA\Ordinances\Planning\Rezoning\Rezoning - Seaview Club.doc 1 Commercial (C-3) to Infill Planned Unit Development (IPUD). A location map is attached 2 hereto as Exhibit "A" and made a part of this Ordinance by reference, 3 Section 3, That the aforesaid Revised Zoning Map of the City shall be amended 4 accordingly, 5 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 6 repealed, 7 Section 5, Should any section or provision of this Ordinance or any portion thereof be 8 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 9 remainder ofthis Ordinance, 10 Section 6. This ordinance shall become effective immediately upon passage, FIRST READING this L day of Ja.f\'It1 ry ,2005. SECOND, FINAL READING and PASSAGE this ~ day of Fe.brllMi-,2005, CITY OF BOYNTON BEACH, FLORIDA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - Seaview Club,doc TO: FROM: THROUGH: DATE: PROJECf NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO, PZ 04-298 Chair and Members CommunIty Redevelopment Agency Board and Mayor and ~'ss'on DIck HUdSO~ SenIor Planner 1\~ Michael W. Rumpf DIrector of Planning and Zoning January 3, 2005 Seavlew Park Club (LUAR 04-(10) Amend the future land use designation from Local Retail CommercIal (LRC) and Low Density Residential (LOR) to SpecIal High Density ResidentIal (SHDR); and, Rezone the property from C-3 Community Commerdal and R-1- AA Single-family Residential to IPUD-Infill Planned UnIt Development. Property Owner(s): Applicant[ Agent: Location: Parcel SIze: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPnON . Wayne Irvlng and Charlene Darst; Carmen Hubert Irving and Gall Ann Irvlng; Carmen Hubert Irvlng Revocable Trust Lennar Homes, Inc.jWelner & Aronson, P.A. East side of Federal Highway approximately 1,000 feet north of the Boynton (C-16) Canal (Exhibit "A") :1:3.756 acres Local Retail CommercIal (LRC) and Low Density Residential (LDR) C-3 Community Commercial and R-1-AA SIngle-family ResIdential Special High Density Residential (SHDR) with a maximum densIty of 20 dwelling unIts per acre (du/ac) IPUD Inflll Planned Unit Development 69-unlt CondominIum Development Page 2 Rle Number: LUAR 04-010 Name: Seavlew Park Club Adjacent Uses: North: Developed multi-family rental complex (Manatee Bay) designated Local Retail Commercial along Federal Highway and High DensIty ResIdential (10,8 dufac) eastward to the Intracoastal Waterway, and zoned R-3 MUlti-family ResIdential. South: To the south along Federal Highway, developed commercIal strip center (Yachtsman's Plaza) desIgnated Local Retail CommercIal (LRC) and zoned C-3 Community Commerdal; eastward of that, a developed single family neighborhood (Yachtsman's Cove) desIgnated Low Density Residential (4.84 dufac) and zoned R-I- AA Single Family Residential. East: Intracoastal Waterway, West: RIghts-Of-way of Federal Highway and the Florida East Coast Railroad, then developed property fronting on N.E, 4t11 Street, designated High Density Residential and zoned R-3 Multi-family Residential. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The proposed redevelopment Is located in Planning Area I, as defined In the above-cited redevelopment plan, and therefore meets the criterIa for consideration of the land use amendment as described In Policy 1.16.1 of the Future Land Use Element of the Comprehensive Plan; 2. The project will not create additional impacts on Infrastructure that have not been antldpated In the ComprehensIve Plan; 3. The proposed sIte plan Is consistent with the Intent and requirements of the IPUD regulations and meets the requIrements for compatibility wIth the adjacent sIngle family neighborhood based on the proposed landscaping buffer, the extra setbacks and through creatIve architectural design; and, 4. The proposed project will have a positive Impact on values of adjacent property and will contribute to the overall economic development of the CIty. PROJECT ANALYSIS Chapter 163.3187, Florida StaMes states the requIrements for small-scale Comprehensive Plan map amendments. The proposed amendment must Involve a use of fewer than ten (10) acres and a residential use must have a density of ten (10) units or less In density, unless the subject Page 3 File Number: LUAR 04-010 Name: Seavlew Park Club property Is located In an area desIgnated for urban Inflll, urban redevelopment, or downtown revitalization. The parcel, which Is the subject of this land use amendment, total 3.756 acres. Even though the requested density Is greater than 10 dulac, It Is located within a recognized redevelopment area. Because of this and the size of the property under consideration, the amendment qualifies as a "small scale" amendment. A "small-scale" amendment Is adopted prior to forwarding to the Florida Department of Community Affairs and Is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption, Master PlanlSlte Plan OvelVlew The IPUD regulations are Intended to be used In situations where new development or redevelopment Is proposed within an already developed area or neighborhood located In the "Federal Highway CorrIdor Community Redevelopment Plan"Study Areas I and V. A mixture of uses, Including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed, When the IPUD Is to be developed in a single phase, the SIte Plan for the development may also represent the Master Plan. A request for Site Plan Approval is being processed concurrent with this request for future land use map amendment and rezoning, It Is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the basic development standards In terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulatIon design, and setbacks, will be dependent on how well the above stated planning expectations are met In the proposed development plan, The IPUD shall minimize adverse impacts on surrounding property, The City is not obligated to automatically approve the level of development Intensity requested for the IPUD. Instead, it Is expected to approve only such level of intensity that is appropriate for a particular location in terms of land use compatibilities, The City may require, as a condition of approval, any limitation condition, or design factor that will provide a reasonable transitIon to adjacent development, In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neIghborhoods. Further, It must be an enhancement to the local area and the city in general. Presentation of projects that fall to do so will be denied. Each IPUD project is independent and will be evaluated solely on Its own merIts. The inclusion of certaIn features in a previously approved IPUD project will not be entertained as a valid argument for the Inclusion of that same feature In any other IPUD project If the City decides to reject those features. While the details of the proposed site plan are a companion agenda Item, a brief overview of the site plan Is included below. Site Plan Analysis The SpecIal HIgh Density ResidentIal land use category allows up to a maximum of 20 dulac, In this Instance, the applicant Is proposing a development containIng 69 units for an overall density of 18.37 du/ac. Three of the units have one bedroom and the remaining 66 have three bedrooms. The one-bedroom unIt would be 960 square feet (sq. ft.); the three-bedroom units Page 4 File Number: LUAR 04-010 Name: Seavlew Park Club range from 1,639 sq, ft. to 2,415 sq. ft. These are arranged In four separate buildings extending from Federal Highway eastward to the Intracoastal Waterway. The building closest to Federal HIghway (Building 1) Is a four-story building with an overall height (to top of parapet or to mIdpoint of gable or hIpped roof) of 45 feet. The remaining three buildings (Buildings 2, 3, and 4) have an overall height of 45 feet on the north elevation and 34.5 feet on the south elevation. Terraces for the top-floor units occupy a portion of the roof area on the south sides of these three buildings, but do not extend to the south edge of the roof. IPUD zoning district regulations contain no constant minimum setback requirements, requiring however, that setbacks mirror setbacks of adjacent development. In Instances where vegetation, screening or other barriers and/or creative design on the perimeter of an IPUD do not achieve compatIbility with adjacent uses, single-family residential development In particular, an additional setback of one foot for one every foot of height over 30 feet, may be required. In the plans under review, the developer Is proposing a lO-foot wide landscape buffer including a 6-foot high pre-cast wall along the south property line and landscaping, consisting of 35-foot Royal Palms 60 feet on center, interspersed with clusters of Coconut Palms, Laurel Oaks, Cabbage Palms and Pink Trumpet Trees, with understory plantings spaced from 8 feet to 10 feet. It should be noted that the Land Development Regulations do not require landscaping between residential projects and typical minimum spacing per the code Is 30 feet. The cross. section labeled "Section Thru South Buffer" Illustrates the proposed heights of the plant materials. The proposed setback from the south property line (where abutting property has a rear setback of 25 feet) Is 48 feet, 3-1/2 inches, The site plan proposes one (1) main point of entrance and one of egress from Federal Highway. A loop drive encircles the property. A recreation area Is proposed adjacent to the Intracoastal Waterway, This area contains a cabana with two restrooms and a roofed pavilion, a swimming pool and deck, Landscaped areas buffer the amenity on both the north and south. In addition, there are two barbeque patios, one between buildings one and two; the other is between buildings three and four, Exercise rooms in buildings one, two and three are adjacent to these patios. Staff has recommended approval of the site plan based on 54 conditions of approval, including the stipulation that the project be reduced In height to mInimize any Incompatibility with the adjacent neighborhood. Review Based on Reaulred Criteria 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. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan polldes Indudlng but not limited to, a prohibition against any Increase In dwelling unit density exceeding 50 In the hunicane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the Gty's risk Page 5 File Number: LUAR 04-010 Name: Seavlew Park Club manager. The plannIng department shall also recommend limitations or requirements, which would have to be Imposed on subsequent development of the property, In order to comply with polIcies contaIned In the comprehensive plan. The subject property is located in the hurricane evacuation zone; however, the proposed 69. unit condominium community is replacing an existing legal non-conforming use that is licensed for 64 mobile home units, This is a net Increase of only 5 units. In addition, the proposed project wIll replace an antiquated mobile home park wIth Improvements that are significantly less vulnerable to the effects of major winds on older mobile homes sInce they must meet minimum standards for High Velocity Hurricane Zones as required by the Florida Building Code, The crIteria for assigning the Special High Density Residential land use category are found In Policy 1.16.1 of the Future Land Use Element: "This land use category shall consist of redevelopment and inffll residential areas assigned to this land use category In the pottion of the designated Community Redevelopment Area identiffed as Planning Area I and Planning Area V in the "Federal Highway Corridor Community Redevelopment Plan '; adopted on May 15, 2001. " The proposed redevelopment is located in Planning Area I, as defined in the above-cited redevelopment plan, and therefore is consistent with this portion of Policy 1.16.1. The Infill Planned Unit Development (IPUD) Zoning District as set forth by the City of Boynton Beach ("City'') was created for the purpose of allowing flexibility to accommodate inflll and redevelopment on parcels less than five (5) acres In size specIfically within the "Federal Highway Corridor Community Redevelopment Plan "Study Areas I and V. The Intent of the IPUD zoning district Is to allow for a mixture of uses, Inciuding residential, retail commercial and office uses. Additionally, the IPUD zoning district was created to ensure compatibility of inflll redevelopment with adjacent existing single-family development, to ciarlfy setback requirements and to provide standards for building design elements. The IPUD zoning regulations state that "it Is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the basic development standards In terms of site design, building architecture and construction materials, amenities and landscape design", Additional expectations of the IPUD are to minimize adverse Impacts on surrounding property; to be compatible with and preserve the character of adjacent residential neIghborhOOds; to be an enhancement to the local area and the CIty In general; and, that It Is Independent and will be evaluated solely on its own merits. Other policies contained in the Comprehensive Plan that are applicable Inciude: Policy 1.19.1 The Oty shall continue efforts to encourage a full range of housing choIces, by allowIng densities which can accommodate the approximate number and type of dwellIngs for whIch the demand has been projected in the Housing and Future Land Use Elements, Indudlng the provisIon of adequate sItes for housIng very-low, low-, and moderate income households and for mobIle homes; Page 6 FIle Number: LUAR 04-010 Name: Seaview Park Club PolIcy 1.19.7 The Oty shall continue to change the land use and zoning to permIt only resIdentIal or other non-commercIal uses In areas where the demand for commercIal uses wIll not Increase, particularly In the Coastal Area; and, The requested land use amendment and rezoning are consistent with both policies since It will remove the possibillty that commercial development could be built on the front portion of the property, In addition, the requested changes are consIstent wIth the following strategies for Planning Area I, as stated In the "Federal Hiahwav Corridor Community Redevelooment Plan": 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; and, Require a transition to the adjacent gateway neighborhoods. Create development standards In the city entrance communities that establish a logical transition to the gateway communities, Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival In the Oty. 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 constitlJte a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare, The requested land use amendment and rezoning will promote efficient use of the subject property. The property's location within both the Community Redevelopment Area and Planning Area I of the Federal Highway Corridor suggests that the requested increase in density is appropriate for the area, Adjacent properties lying north of the subject property and west, across the Federal Highway and FEC rights-of-way, are designated for high density residential uses. There is an existing strip commercial development to the south along Federal Highway and eastward of that, a developed single family neighborhood extending to the Intracoastal Waterway. Currently, the commercial property could be redeveloped for residential use at maximum density of 10.8 dujac and a maximum height of 45 feet. The zoning for the single family neighborhood allows a maximum density of 5.4 dujac and a maximum height of 30 feet. While the requested density is greater than that of the abutting developments, It Is consistent with the transition In uses recommended in the Federal Highway Corridor Community Redevelopment Plan wIth the height stipulation as recommended herein. It Is also typical of the development pattern in the coastal area, where single family neighborhoods and mUlti-family developments are found in close proximity and development heights vary greatly, based on the type of development, often without consideration of abutting development. At the suggestion of staff, the applicant reduced the heIght proposed on the south elevation facing the single family neighborhood, from 45 feet to 34 feet six (6) Inches to top of parapet. ThIs provided a transition to the maximum height of 30 feet as allowed In the adjacent slngle- family neighborhood. On the north elevation, the 45-foot heIght was left as consistent with the maximum height allowed In the adjacent, multi-family district. However, after considering the Page 7 File Number: LUAR 04-010 Name: Seavlew Park Club ultimate height of the proposed structure, evaluating the affects of similar situations where a single family neighborhood abuts a similar project (In height and density), considering that the majority of homes in the single-family neIghborhood are one-story or two-story at less than 30 feet, and after reconsidering the emphasIs of the IPUD district to maximize compatibility, staff has determined that the compatibility will best be achieved by a structure no higher than 38 feet. As Indicated In the ordinance, a transition should be accomplished In this situation, which is best achieved by a height which does not exceed the existing heights of the adjacent multi- family development, and which transitions from the maximum height allowed In that adjacent multi-family district, 45 feet. Even though the proposed density seems far greater than that permitted on the single family properties to the south, the subject property Is currently the site of a 64-unlt mobile home park at a density of 17.04 dulac, The proposed density of the subject project is 18,37 du/ac. Aside from density, this represents an approxImately 4-acre expansion of the R-3 MUlti-family zoning to the north, c. Whether changed or changing conditions make the proposed rezoning desirable, The property is currently developed with an aging mobile home park. The redevelopment of the property is desIrable for beautification, economic development, as well as for the purpose of removing storm-vulnerable housing from the coastal high hazard area, The proposed rezoning maIntains the residential character of the area, and will provide an aesthetically pleasing living envIronment in proximity to the downtown. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Projected utility systems demands and traffic generation Impacts were provided by the applicant and are shown below, Maximum Potential WaterlSewer Traffic Development Population Demand Generation Potential Trips/day Existing Land Use 64 mobile 145 19,968 gpd/ 503 (ActuaO Mobile Home Park homes Qersons 6 000 oDd Proposed Development 69.unlt 157 25,116 gpd/ 475 condominium oersons 11,302 gpd The project Is located In Palm Beach County's Coastal ResidentIal Exception Area, and therefore meets the provisions of Palm Beach County Traffic Performance Standards. Water and sewer capacIty exists to provide for the 7,148 gallons per day Increase In water demand and the 5,303 gallons per day required for sewer servIce. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exIsts to accommodate the county's munldpalltles throughout the iO-year plannIng period. The School DIstrict of Palm Beach County has revIewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, Page 8 Rle Number: WAR 04-010 Name: Seavlew Park Club drainage will also be reviewed In detail as part of the review of the conditional use application, and must satisfy all requIrements of the city and local drainage permIttIng authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. Along Federal Highway, the commercially zoned property has an allowable maximum building height of 4S feet, even though neither of these properties Is built to this maximum. likewise, the property to the northeast, which is zoned R-3 Multi-family Residential allows a maximum heIght of 4S feet. This property, both the commercial and residential, Is developed at a height of 38 feet to roof peak. The sIngle family neighborhood abuttIng the project on the southeast has a maximum allowable height of 30 feet and a rear setback of 2S feet. The IPUD regulations require an additional setback of 1 foot for each 1 foot that a structure adjacent to a developed sIngle family neighborhood exceeds 30 feet; therefore the setback would be 40 feet for a structure of 45 feet. The proposed buildings are setback 48 feet, and have a maximum height on the south elevation of 34 feet six (6) Inches. Staff opines that a maximum transitional height of 38 feet would be compatible with the surrounding properties and therefore, with the further enhancements ot the suth buffer as described In the corresponding sight plan report conditions, meet the intent of the IPUD zoning regulations as It relates to building height and buffering. With anticipated starting prices ranging from $300,000 to $600,000 for a three- bedroom unit, the project would, most likely, have a positive effect on values of adjacent properties. f. Whether the property is physically and economically developable under the existing zoning. The commercially-zoned portion of the property is slightly less than one acre, and could be redeveloped with commercial uses. The remaining portion of the property stretching to the Intracoastal Waterway could possibly be developed for single family homes; however, the narrow configuration of the property and the value of waterfront properties are factors which limit the diversity in terms of residential development alternatIves. Further, if Single-family dwellings were built on the site, which are permitted uses as currently zoned, based on the land values and development trends, the homes could be built over 30 feet high (to peak of roof), placed 2S feet from the adjacent properties rear-to-rear or 10 feet side-to-side, and be Improved without any buffering or landscapIng g. Whether the proposed rezoning Is of a scale which Is reasonably related to the needs of the neighborhood and the dly 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. Antldpatedlmpacts to traffic, and demands for water and sewer are minimal, basically because there is relatively little Increase In the number of residential unIts. The proposed project will have a positive Impact on property values and visual Impacts to adjacent properties would be Page 9 File Number: LUAR 04-010 Name: Seavlew Park Club mInimIzed through reductions In height, Increased setbacks and the proposed dense landscaping and buffering (l.e, tree spacing from 8feet to 10 feet). h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is a/ready a/lowed. In accordance with the definition of the Special High Density Residentla/ 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 dujac; however, those sites do not offer the opportunity for redevelopment and Infill development that this location affords. Nor would development of those available sites seNe to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan and respective redevelopment plan; will not create additional impacts on Infrastructure that cannot be accommodated, meets the Intent of the IPUD regulations, and will contribute to the overall economic development of the City, Staff has also determined that the proposed site plan would meet the requirements for compatibility with the adjacent single family neighborhood based on the extra setbacks as provided, the stipulation herein to reduce maximum project height to 38 feet, and the proposed site plan conditions for enhancement of the landscape buffer. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B", ATTACHMENTS S:\Plannlng\SHARED\WP\PROJECTS\Seaview Parte Oub\luarQ4-.010\STAFF REPORT Seavlew,doc ... , u It >, 1 i i - ~ ~ &f 'tJ IV Seaview Park Club Location Map Exhibit A - .5 It aI E E o CJ High Density Resident al - '- JJ 0: - ~ u o ,.J r ) High Density Residenti - .- .... & - ~ u j - - N Feet J.... 600 ~ o 75 150 300 450 ~.. VIII.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl!: Dates in to City Clerk's Office Meetinl!Dates in to City Clerk's Office 0 December 7, 2004 November 15, 2004 (Noon.) 0 February 1, 20D5 January 17, 2005 (Noon) 0 December 21, 2004 December 6, 2004 (Noon) [gJ February 15, 2005 January 31, 2005 (Noon) 0 January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005 February 14, 2005 (Noon) 0 January 18, 2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM [gJ Public Hearing [gJ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the February IS, 2005 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading The Community Redevelopment Agency Board postponed this request to its March 17, 2005 meeting, to allow for corrections in required site signage which provides public notification for the public hearings. This item should be placed on the Commission agenda as advertised, allowing for date certain postponement to AprilS" and April 19, 2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-017. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Lofts (LUAR 05-003) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request to amend the Future Land Use designation from Local Retail Commercial (LRC) to Mixed Use (MX) and to rezone from Community Commercial (C- 3) to Mixed-Use Low (MU-L) PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: N/A N/A N/A Developme ~ - .k~ ~~ - / Planning and Zoning DirUtor 'city Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\LUAR 05-003\Agenda Item Request Boynton Beach Lofts NWSP 05-00S.dot ent Director ~ \~at-c~.k::., S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING lk ZONING DMSION MEMORANDUM NO, PZ 05-016 FROM: Chair and Members Community Redevelopment Agency Board and City Commission Eric Lee Johnson, AICP ~ Planner CJ Michael W, Rumpf Director of Planning and Zoning TO: THROUGH: DATE: February 1, 2005 PROJECT NAME / NUMBER: Boynton Beach Lofts LUAR 05-003 PROJECT DESCRIPTION Applicant: Mr. James A, Seifert / Addison Properties of South Florida, Incorporated Agent: Mr. Bradley D, Miller, AICP / Miller Land Planning Consultants, Incorporated Owner: Mr. Louis F. Mascia / Boynton Motel, LLC. Location: 623 South Federal Highway File No: Land Use Amendment / Rezoning (LUAR 05-003) Property Description: Partially developed property consisting of two (2) lots totaling 1.21 acres, classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3). Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Mixed Use (MX) and rezone from Community Commercial (C-3) to Mixed Use-Low (MU-L) Adjacent Land Uses and Zoning: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); Page 2 File Number: LUAR 05-003 Boynton Lofts East: Developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); West: Recreation space (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment / rezoning for the following reasons: 1. The requested land use and zoning are consistent with the Comprehensive Plan and the Federal Highway Corridor Redevelopment Plan; 2, Adequate public facilities and infrastructure are in place and / or is anticipated in the future to serve the subject site and its corresponding project; 3, The requested change would help to further provide an economic contribution to both the neighborhood and to the City. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. PROJECT ANALYSIS A future land use map amendment can be defined as a change to the City's Comprehensive Plan that seeks to modify the text of the adopted goals, objectives, and or policies contained within the Plan, Also, an amendment can be described as a change to the Future Land Use Map, which in turn, could change the list of permitted, conditional, or prohibited uses, Amendments to the Comprehensive Plan are divided into two (2) separate processes, namely large-scale and small-scale amendments. The applicable process is determined by the size of the parcel with the threshold being 10- acres. Also, if the amendment involves a residential land use, the density must be 10 dwelling units or less per acre. However, an exception to the density limitation is permitted if the property is in an area designated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization, According to the survey, the subject property totals 1.21 acres and is located in an area designated for urban redevelopment. Therefore, the subject request qualifies as a "small-scale" land use amendment. Small-scale text and map amendments do not require the State of Florida's Department of Community Affairs (DCA) to review for compliance with state and regional plans prior to its adoption by the City, This means that the proposed amendment, if desired by the city, would be adopted first, and then subsequently forwarded to the DCA for their records (generally "large-scale" amendments are not adopted until found to be "in compliance" by the DCA). Where a rezoning application Page 3 File Number: LUAR 05-003 Boynton Lofts would occur pursuant to an amendment to the Future Land Use Map, such as with this application, the two (2) applications shall be processed simultaneously as a single application, Therefore, "rezoning" shall be construed to include a "future land use map amendment", The proposed small-scale amendment / rezoning application is being reviewed concurrently with an accompanying request for site plan approval (NWSP 05- 008), The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in 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. a. Whether the proposed land use amendment / rezoning would be consistent with applicable comprehensive plan policies induding but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning depattment shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The applicant proposes to develop the property with a mixed-use residential/retail / office building, The project proposes a total of 48 dwelling units, which is under the 50 dwelling unit threshold outlined in Policy 1.12.1. Also, the subject property is located on the west side of Federal Highway, which is outside the evacuation zone, and therefore not subject to Palm Beach County Emergency Planning Division review and approval. Policy 1.13,3 states, "the City shall continue to encourage intill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element H On May 15, 2001, the City Commission approved the implementation of the Federal Highway Corridor Community Redevelopment Plan and the Mixed-Use Low zoning category, This plan was created as one of the redevelopment plans recommended by the Boynton Beach 20/20 Redevelopment Master Plan. The subject property is located within the boundaries of Federal Highway Corridor Study Area IV. The Study Area allows for the Mixed-Use land use designation and Mixed-Use Low zoning category, The property owner's intent is a proposed mix of uses (residential, retail, office), all of which would be permitted in the Mixed Use-Low zoning district. 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 special privilege to an individual property owner as contrasted with the protection of the public welfare. Page 4 File Number: LUAR 05-003 Boynton Lofts Parcels that front on the west side of Federal Highway in this portion of the Federal Highway Corridor are generally designated with the Local Retail Commercial (LRC) land use classification and zoned Community Commercial (C-3). On the east side of Federal Highway, the predominant land use near the subject property is generally residential with varying densities (i,e, High Density Residential, Low Density Residential) and their corresponding zoning districts (Multi-family Residential, R-l-AA). In fact, High Density Residential (HDR) land use and Multi-family Residential (R-3) zoning is designated for the multi-family complex (Sterling Village) directly east of the subject property at a density of 18.6 dwelling units per acre with a total of 840 units. In the future, staff anticipates that where eligible, property owners located within the boundaries of the Community Redevelopment Agency area would eventually request zoning changes in favor of the Mixed-Use Low district when the market demands higher intensities consistent with the City's initiatives for urban infill and redevelopment, In fact, the Gulfstream Lumber property, located on the northwest corner of Woolbright Road and Federal Highway was recently reclassified to Mixed-Use (MX) land use and rezoned to Mixed-Use Low (MU-L). It should be noted that both the Gulfstream Lumber property and the subject property are located within the same study area (Area IV) of the Federal Highway Corridor Redevelopment Plan, Also, a land use amendment and rezoning change was already approved for the Arches project, located just 1,000 feet north of the subject lots, The lots assembled for the Arches project were recently reclassified to Mixed-Use Core (MX-C) land use and zoned Mixed-Use High (MU-H), The only difference between the two scenarios is the Arches project is located in Federal Highway Corridor Study Area V. In any event, these types of land use and zoning changes, including the subject request, are consistent with the City's redevelopment plans and would not grant special privilege to an individual property owner as contrasted with the protection of the public welfare. The requested amendment would not create an isolated or unrelated district and would help to create a better transition to the residential neighborhood to the east, c. Whether changed or changing conditions make the proposed land use amendment / rezoning desirable. The changing conditions make the proposed land use amendment and rezoning desirable, The Federal Highway Corridor Community Redevelopment Plan recommended the changes of zoning categories within Planning Area IV in order to create a desired appearance of a neighborhood which, being adjacent to the downtown core area is a gateway to the city. The recommendations were also aimed at promoting urban infill by eliminating one-story commercial and automobile-oriented (i.e. drive-thru) types of uses. Any redevelopment activities in Planning Area IV consistent with the above objectives would support increasing developers' interest in the downtown core area, d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Page 5 File Number: LUAR 05-003 Boynton Lofts The property was previously developed as a 21-room motel and therefore, utility systems such as potable water and sanitary sewer lines have already been constructed to the subject site. Utilities staff acknowledges that the proposed land use / rezoning change would increase the development potential of the subject site and in turn, would impose additional demand upon city infrastructure. However, increases in demand for potable water (22,981 gpd) would be accomplished via the planned purchase of up to 5 million gallons of potable water per day (for the next 5 years) from Palm Beach County Utilities, Local piping and infrastructure improvements may be required and would be addressed during permit review. The local improvements would be the responsibility of the site developer, Sufficient wastewater treatment capacity is currently available to serve the projected demands (11,629 gpd) of the project if the land use / zoning change were approved. The applicant would be required to make a firm reservation of capacity, following approval of a site plan, Drainage will be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities, On January 19, 2005, the Palm Beach County School District reviewed and approved the request for 48 multi-family dwelling units. The District's concurrency determination is valid for one year (until January 19, 2006), unless building permits are issued, in which case the concurrency determination would be valid for the life of the development order. The applicant submitted a traffic study and it was forwarded to the Palm Beach County Traffic Division for their review and approval. The Traffic Division reported that the proposed land use / zoning change, which is being processed concurrently with the site plan, proposes a mixed-use project that would generate an additional 60 new morning peak hour trips and 119 evening peak hour trips. The residential portion of the proposed mixed-use development is exempt from the Traffic Performance Standard review because the project is located within the county designated Coastal Residential Exception Area, Furthermore, the non-residential portion of the proposed project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the City after the 2008 build-out date. Police and Fire staff reviewed the accompanying site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. However, it should be noted that the influx of new development in the downtown area will begin to have an impact on police and fire services, thereby ultimately increasing the demand for additional personnel and equipment to balance the increase in population and non- residential uses in the city, e. Whether the proposed land use amendment / rezoning would be compatible with the current and future use of adjacent and nearby propetties, or would affect the property values of adjacent or nearby propetties. The proposed land use amendment / rezoning would be compatible with the current and future use of properties located to the north, south, east, and west of the subject property in accordance with the vision for the corridor as represented by the redevelopment plan, There are no indications that the proposed amendment / rezoning Page 6 File Number: LUAR 05-003 Boynton Lofts would have negative impact on property values. In fact, the applicant states that "this (accompanying) project is anticipated to increase land values in the area by promoting the use of these new categories". Staff concurs. It would help to improve the overall character of the area and provide neighborhood serving retail and office uses to area residents, The accompanying site plan's proposed uses (retail, office, residential) have and will continue to occur on-site and within the neighboring properties, f. Whether the property is physically and economically developable under the existing zoning. The subject parcel was previously developed with commercial uses under the current zoning district. However, the one (I)-story motel is not the highest and best use of the site, Under the current zoning category, the C-3 zoning district allows for a residential density of 10.8 dwelling units per acre. However, this property, which is eligible for the Mixed-Use Low (MU-L) zoning category, would allow a residential density of up to 40 dwelling units per acre. The proposed zoning change would allow for greater flexibility in terms of use, density, setbacks, parking, and height. g. Whether the proposed land use amendment / rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor by promoting the desired mix of uses and appearance consistent with the recommendations of the redevelopment plan. The existing property and proposed structure (shown in the site plan) is a compact unit of appropriate scale based on the corridor plan and the desire to gradually step down the height of buildings (from 150 feet) allowed in the Mixed-Use Core (MX-C) land use and Mixed-Use High (MU-H) zoning district. The proposal is consistent with the densities and development regulations established by the mixed use land use and zoning categories. This site and its project characteristic are consistent with Objective 1.13 that discourages urban sprawl by creating a compact urban area within the City and City's utility service areas. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use Is already allowed. There are other vacant commercial sites that would likely accommodate the proposed uses, However, the proposed redevelopment of the subject site has the benefits of promoting the city's development and redevelopment objectives as stated in the Comprehensive Plan and downtown redevelopment plans. The Mixed-Use Low zoning district was adopted in summer 2002, in order to implement redevelopment in the Federal Highway Corridor. It is more difficult to redevelop a site rather than develop a vacant site. Therefore, redevelopment efforts should be embraced because to do so, would be consistent with many of the Objectives in the Comprehensive Plan and their subordinate policies. This current application would represent the third request for reclassification to the aforementioned land use designation and zoning district. Page 7 File Number: LUAR 05-003 Boynton Lofts CONCLUSION I RECOMMENDATIONS As indicated herein, the requested land use amendment and rezoning are consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that cannot be served by existing capacities; would not be incompatible with adjacent land uses; would further the corridor redevelopment plan 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 Agency Board or required by the City Commission, they will be included as Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton LoftslLUAR OS-003\StalfReport.doc ~ .. III II. Gl U C :. ((7 '\. (- Boynton Lofts LUAR 05-003 SE 5th Ave .. Gl l!! .. U) .c ; w U) o 37.5 75 225 150 >- ; .c = .- :c - III .. Gl ." Gl II. Feet "'" t\ N ct. VIII.-PUBLlC HEARING ITEM B. , CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meetine Dates Date Final Form Must be Turned in to City Clerk's Office D December 7, 2004 o December 21, 2004 D January 4, 2005 D January 18,2005 November 15, 2004 (Noon.) D February 1, 2005 cgj February 15, 2005 o Macch 1. 2005 o March 15,2005 January 17, 2005 (Noon) December 6, 2004 (Noon) January 31, 2005 (Noon) December 20, 2004 (Noon) February 14,2005 (Noon) January 3, 2005 (Noon) February 28, 2005 (Noon) NATURE OF AGENDA ITEM o Administrative o Consent Agenda [8J Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfinished Business o Presentation RECOMMENDATION: Please place this request on the February IS, 2005 City Commission Agenda under Public Hearing, to be combined with the corresponding ordinances for Land Use Amendment and Rezoning. The Conununity Redevelopment Agency Board postponed review of this item to its March 17, 2005 meeting, to allow for corrections in required site signage which provides public notification for the public hearings. This item should be placed on the Commission agenda as advertised, allowing for date certain postponement to AprilS, 2005. For further details pertaining to the request, see attached Department of Development Memorandum No, PZ 05-017. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Lofts (NWSP 05-008) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Louis F. MasciaIBoynton Motel LLC 623 South Federal Highway Request for new site plan approval to construct a mixed-use project consisting of 48 multi-family dwelling units, 5,364 square feet of retail, and 13,354 square feet of office on a 1.21-acre parcel in a MU-L zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ N/A ,"",,~.lL~ r-__ \),J'c.S~:;: '" = ~ L~. Y ./ anning and Zoning D#tor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\NWSP OS.008\Agenda Item Request Boynton Beach Lofts NWSP OS.008.dot S,IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 05-017 STAFF REPORT TO: Chair and Members Community Redevelopment Agency and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner DATE: February 2, 2005 PROJECT NAME/NO: Boynton Beach Lofts / NWSP 005-008 REQUEST: New Site Plan Property Owner: Mr. Louis F. Mascia / Boynton Motel, LLC Applicant: Mr. James A. Seifert / Addison Properties of South Florida, Incorporated Agent: Mr, Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated Location: 623 South Federal Highway Existing Land Use: Local Retail Commercial (LRC) Existing Zoning: Community Commercial (C-3) Proposed Land Use: Mixed Use (MX) Proposed Zoning: Mixed Use-Low (MU-L) Proposed Uses: Office: Retail: Residential: 13,354 square feet 5,364 square feet 48 condominium units Acreage: 52,542 square feet (1.21 acres) Adjacent Uses: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: Developed commercial properties (Offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 2 East: West: Right-of-way for Federal Highway, then farther east is developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); Right-of-way for Southeast 4t11 Street, then farther west is an active park (Pence Park) classified Recreational (R) land use and zoned Recreation (REC), PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007, Proposal: Concurrency: Traffic: BACKGROUND Mr. Bradley Miller, AICP, agent for the property owner (Boynton Motel, LLC) is requesting to develop a mixed-use project, The survey shows that the subject property is currently developed with a one (l)-story motel building and related parking areas, The intent is to raze the existing building and redevelop the site with a single mixed-use building consisting of two (2) towers with an interior parking garage, The parking garage would be two (2) stories, the west tower would be five (5) stories, and the east tower, proposed along Federal Highway, would be six (6) stories. Approval of this project is contingent upon the approval of the accompanying request to amend the Future Land Use Map and rezone (LUAR 05-003) the property from Community Commercial (C-3) to Mixed-Use Low (MU-L), The MU-L zoning district is appropriate for low to mid-rise development that provide for medium density residential uses, The district allows a maximum height of 75 feet (as a permitted use) and a residential density of 40 dwelling units per acre for mixed-use projects. The applicant submitted a request for height exception (HTEX 05-001) because as proposed, a portion of the building would exceed the 75-foot height threshold (see Exhibit "C" - Conditions of Approval). As of today, this project represents the third "mixed-use" type of development for the City within the newly created MU-L zoning district. The project is to be built within one (1) phase with an anticipated completion date of January of 2007, ANALYSIS Generally, anticipated project traffic is generated by two factors, namely the proposed use and its intensity, Intensity is typically measured by the proposed building area (in square feet), The traffic study for the project was reviewed and approved by the Palm Beach County Traffic Division, Based on the Traffic Division's review, it has been determined that the residential portion of the proposed mixed-use redevelopment project is located within the Coastal Residential Exception Areas of Palm Beach County and the non-residential portion meets the Traffic Performance Standards of Palm Beach County, No building permits are to be issued after the build-out date of 2008 (see Exhibit "c" - Conditions of Approval), The County traffic concurrency approval is subject to the Project Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 3 Aggregation Rules set forth in the Traffic Performance Standards Ordinance. Utilities: The planned purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities would supply potable water for this project (projected to a total of 22,981 gallons per day), Local piping and infrastructure improvements may be required for the project, dependent upon the final project configuration and fire- flow demands, These local improvements would be the responsibility of the site developer and would be reviewed at the time of permitting, Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project total of 11,629 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan, POlice/Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services, However, it should be noted that the influx of new development in the downtown area will begin to have an impact on police and fire services, thereby ultimately increasing the demand for additional personnel and equipment to balance the increase in population and non- residential uses in the city. Drainage: Conceptual drainage information was provided for the City's review, The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval), School: The School District of Palm Beach County has reviewed the request and determined that adequate capacity exists to accommodate the projected resident children, Driveways: The project can be characterized by "urban / infill" development whereby front building setbacks are minimal and off-street parking is relegated to a subordinate role, The plans show that a parking garage would provide for the off-street parking spaces and it is intentionally proposed as a hidden structure within the core of the project, unseen from the roadways, Also, the project is not proposing traditional driveways and surface parking lots like "suburban"-type of projects (where driveways connect to off-street parking located in front of the buildings), The site plan shows that vehicles would enter the site from two (2) points of entry, Pursuant to staff's recommendation, the project proposes only one (1) point of egress, The main entrance is proposed on Federal Highway and the alternate is proposed on Southeast 4th Street. Although not scaled, the vehicular entrance proposed on Federal Highway would be nearly 12 feet in width, The drive aisle, which would be separate from the pedestrian entrance, would run in an east-west direction and connect to the interior parking garage, This entrance would also provide an alternate means of emergency ingress to the interior parking garage should the other opening be obstructed, This opening would not violate the MU-L regulations (to discourage mid-block openings) because the intent of the code was to discourage the typical off-street surface parking lots located in front of buildings visible from the roadway; a common characteristic of suburban-type projects, The proposed parking areas are interior to the site and will be discussed in the following section of this staff report, The subject property is a mid-block lot. Had it been located on a corner, staff would have recommended against an opening onto Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 4 Federal Highway, As previously mentioned, the only point of egress would occur at the rear of the project, on Southeast 4th Street. This opening, which would also serve as the alternate point of ingress, would be approximately 23 feet in width, As a point of egress, it would allow for only right-turn vehicular traffic movement onto Southeast 44th Street subsequent to the proposed right-of-way (storm water) improvements to the roadway, Parking Facility: Off-street parking for the proposed MU-L zoning district must meet the requirements in Chapter 2, Section 11.H" of the Boynton Beach Land Development Regulations, The project proposes a mix of residential, retail, and office uses, One- bedroom apartment units require one and one-half (1 V2) parking spaces, Two bedroom apartment units require two (2) parking spaces. The project proposes 48 dwelling units (a mixture of one and two bedrooms), requiring 85 parking spaces, Retail uses proposed within mixed-use projects require one (1) parking space per 200 square feet of gross leasable floor area, For this project, a total of 26,8 parking spaces would be required for the retail uses, Office uses require one (1) parking space per 300 square feet of gross floor area, The project proposes 13,354 square feet of office and therefore, would require 44.5 parking spaces, In conclusion, under these standardized parking methodologies, a total of 156 parking spaces would be required. However, the project would only provide a grand total of 119 parking spaces, a deficiency of 37 spaces, Because the applicant is simultaneously requesting to rezone the property from Community Commercial (C- 3) to the Mixed Use-Low (MU-L), the project would be permitted to utilize the Urban Land Institute's (UU) Shared Parking Table methodology as a basis for calculating the required number of off-street parking spaces. Therefore, based on the Shared Parking Table, the proposed uses and their respective building areas would require a grand total of 116 parking spaces, No on-street parking spaces are proposed for this development. As previously mentioned, the plans propose a two (2)-story parking garage, internal to the development. The garage would be nestled between the five (5)-story tower along Southeast 4th Street and the six (6)-story tower fronting on Federal Highway, and would accommodate up to 119 vehicles, According to the 151 Floor Plan, a total of 44 parking spaces are proposed on the ground floor, Level 2 would prOVide the remaining 75 spaces, Parking space dimensions would conform to code requirements of nine feet by eighteen feet for 90-degree parking stalls and twelve feet by eighteen feet for handicap spaces In conclusion, the parking garage would provide 119 parking spaces or an excess of three (3) spaces when the UU Shared Parking Table methodology is utilized, However, it should be noted that the parking could be negatively impacted in the future if the applicant requests medical offices within area designated for "office" use. Medical offices would require additional parking; to be calculated at a ratio of one (1) space per 200 square feet. Landscaping: The landscape plan shows that 80 palm trees are proposed, of which, 62% would be native species, It also indicates that over 81 % of the canopy trees would be native, The landscape plan also proposes 1,674 shrubs / hedges / accents, of Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 5 which, 66% would be native species, The MU-L zoning district requires that at least 20% of the property remains as pervious area, The cover sheet tabular data indicates that the total pervious area would equal 10,519 square feet or 20% of the site, According to the Existing Tree Table, the subject site currently contains 44 existing trees with a total of 124 caliper inches to mitigate, The species consist of the following trees: Rubber Tree, Live Oak, Mango, Sabal palm, Queen palm, and Coconut palm trees, According to the table, 21 trees would remain on-site, The plant material proposed along Federal Highway within the front landscape buffer would be the following: Medjool, Foxtail, and European Fan palms in conjunction with Trinette, Bouganvillea, and Boston Fern groundcover, The applicant originally proposed Royal Palm trees instead of Foxtail palm trees within this front buffer, However, during the review process, it was determined that Royal palm trees would not be permitted due to the presence of overhead FP&L lines running along the sidewalk, Nonetheless, staff recommends installing two (2) additional Foxtail Palm trees within the front landscape buffer, Also, staff recommends increasing the size of the public space in front of the building along Federal Highway without jeopardizing compliance with the 20% required pervious space and the zoning district's maximum setback requirements (see Exhibit "C"- Conditions of Approval), Generally, the north and south landscape buffers would be similar in terms of width, plant quantity, and plant species, The intent of these buffers primarily, is to soften the look of the parking garage while counting towards the minimum amount of pervious area, Shade and palm trees are proposed within these buffers with foundation landscaping installed in a serpentine arrangement. The plant species proposed within both buffers would include the following: Laurel Oak, Sabal palm, Ixora "Nora" Grant, Redtip Cocoplum, and Silver Buttonwood hedges, and Fakahatchee Grass, The Sabal palm trees would be installed in a group of five (5), at varying heights (between 12, 15, and 18 feet of grey wood). Staff recommends that the new clusters of Sabal palms proposed at the southeast, southwest, and northwest corners be install at varying heights between 14 feet to 22 feet (see Exhibit "C" - Conditions of Approval), The landscape buffer proposed along Southeast 4th Street would be minimal in depth, intended primarily to soften the streetscape, The plant material would include the following: Xanadu, Ti plant, Pygmy date palm, Bougainvillea, Tibouchina. No trees are proposed within this buffer. Therefore, staff recommends reducing the width of the awnings and installing Montgomery or Alexander palm trees 14 feet to 16 feet in height within the planter spaces between the doorways and breaks between the windows (see Exhibit "C" - Conditions of approval), The Pool Area detail shows that landscape material is proposed on the recreation deck above the parking garage. The plans show that a diverse group of plants and trees are proposed on this deck to soften the hardscape environment while Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 6 providing a more tranquil space for the urban dwellers, The plant species include the following: Coconut palm, Ti plant, Cassia, Boston Fern, Japanese Fern, and Purple Crinum, Building and Site: Building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings, The maximum allowed and proposed project density would be 40 dwelling units per acre, As previously mentioned, the existing motel building would be replaced with the proposed five (5) to six (6)-story mixed-use building. The depth of the parcel extends westward from Federal Highway to Southeast 4th Street. Likewise, the building would encompass the depth of the entire block, which means that it would essentially have two (2) "front" building facades, one that faces Federal Highway, the other, Southeast 4th Street. The taller of the two front facades (six-stories) would front on Federal Highway, The smaller tower (five-stories) would face Southeast 4th Street. These towers are connected together with an internal parking garage, The MU-L zoning district allows for a maximum height of 75 feet. Proposed building heights greater than 75 feet but less than 100 feet are reviewed as conditional uses, The elevations show that the roofline of the building would range from 68 feet to 75 feet in height, which is permitted under the limitations of the zoning district. However, the top portion of an emergency stairwell proposed on the east tower would be 78 feet - two (2) inches in height. The applicant requested a height exception of three (3) feet - two (2) inches, The review of the height exception is discussed in an accompanying staff report (HTEX 05-001). As proposed, the project would require height exception approval rather than conditional use approval because the building height itself is lower than the 75-foot threshold, The building is proposed within close proximity of all the property lines in order to maintain compliance with the maximum setback requirements of the MU-L zoning district, The east (front) setback would vary but would be eight (8) feet - two (2) inches at its narrowest point and 23 feet - 10 inches at its widest point. The code requires the buildings to be close to the property line but to also allow for public gathering and pedestrian areas, Therefore, staff recommends increasing the amount of impervious surface in front of the building with brick-pavers to create more of a public space without jeopardizing compliance with the minimum required pervious surface (see Exhibit "C" - Conditions of Approval), Although the MU-L allows a zero (0) front setback, an additional 10 feet is required for every 50 feet of building height above the 4S-foot threshold, When looking at the elevation and massing drawing, it appears as though the plans comply with this setback requirement. However, at the time of permitting, the applicant would be required to provide this necessary information on either of the aforementioned plans to ensure compliance with step back requirements, prior to the issuance of a building permit. If it is determined that the plans do not comply, thereby necessitating a major reconfiguration of the building, then that reconfiguration may be subject to review by the Community Redevelopment Agency and City Commission (see Exhibit "C" - Conditions of Approval), The north (side) setback would range between two (2) feet - six (6) inches at its Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 7 narrowest point but would generally be 15 feet - two (2) inches from the south property line. Likewise, the building would be setback six (6) feet - nine (9) inches from the north property line at its narrowest point but would generally setback 14 feet - one (1) inch from the north property line, The building would be setback two (2) feet - four (4) inches from the west property line, Any awnings or balconies projecting over a pedestrian walkway should allow a nine (9) foot vertical clearance (see Exhibit "c" - Conditions of Approval), Generally defined, the Floor-Area-Ratio (FAR,) is a ratio between a project's total proposed fioor area (for all levels) divided by the size of the parcel. The allowable FAR, for properties located within the MU-L zoning district and fronting on a major arterial, such as Federal Highway is between 1.5 and 2,0, This project's proposed FAR, would be 1.82, This figure excludes the parking garage area, The proposed building composition would be as follows: Residential - 61,035 square feet; Retail - 5,364 square feet; Office - 13,354 square feet; and Parking Garage - 47,921 square feet. The plans show that the interior parking and office I retail components would occur on the first and second floors only, The condominium units would occur on all subsequent floors, It should be noted that a recreation deck is proposed on top of the parking structure, According to the tabular data, the one (1)-bedroom and two (2)-bedroom units are proposed in a variety of styles and sizes, The smallest one (1)-bedroom unit would be 824 square feet (under Ale) and the largest one (1)-bedroom unit would be 1,038 square feet in area, The smallest two (2)-bedroom unit would be 990 square feet while the largest two (2)-bedroom unit would be 1,447 square feet. No provisions for screen enclosures are proposed on the balconies, The project proposes a service entry driveway off of Southeast 4th Street labeled as "hard trash area" on the site plan, Garbage trucks would enter the site at the northwest corner of the property and empty the single dumpster and compactor, This method of trash removal was reviewed and approved by the Public Works Department. Design: With regards to building mass, the applicant states that the building was designed to minimize impact through the use of intermittent recesses (shadows) and by the use of balconies, According to the applicant, the end result would be a product that is an unusually attractive urban artifact. The 1st floor plan shows parking for bicycles would occur within the parking garage next to the parallel spaces behind the retail space (see Exhibit "c" - Conditions of Approval), Also noteworthy is that the project parking would be virtually hidden from all views and is considered to be a subordinate, unobtrusive element of the plan, Vehicular traffic is contained and tamed within the internal framework of the project, The parking garage would be enclosed but would have decorative openings compliant with Florida Building Code, These openings would resemble large windows. Staff recommends utilizing aluminum grills within the openings to enhance their appearance (see Exhibit "C"- Conditions of Approval), The paint color schedule on the elevation sheets indicates that three (3) different Staff Report - Boynton Beach Lofts (NWSP 05-008) Memorandum No PZ 05-017 Page 8 colors would be used, The paints would be Sherwin Williams Peace Yellow 2857, Caribbean Coral 2854, and Sage 2860, The project also proposes black canvas awnings at street level, Decorative light fixtures would also be placed on the building edifice at street level, where possible, A general intent of Chapter 9 (Community Design Plan) is to ensure that buildings achieve visual unity of character and design concepts, in part, through the use of building colors, However, there are no established noteworthy building colors or architectural themes within the immediate area with which this project should be compatible, Located more than three (3) blocks north of the subject site, the Arches project (NWSP 03-002) is to be painted with multiple colors; some of which would be similar to the colors proposed in this project, Therefore, the proposed colors for this site plan would not be inappropriate, incompatible, or obtrusive, However, staff recommends adding architectural elements and accents to all facades to enhance the overall appearance of the building (see Exhibit "C" - Conditions of Approval), Signage: Minimal project detail regarding proposed signage was shown with this submittal. In the future, the applicant intends to submit a sign program but for now, the signage would consist of lO-inch tall black foam letters, A note indicates that the style would be "unique to each tenant and in a Art Deco type faced". The letters would be mounted to wall area and secured with silicon adhesive, As presented, the elevations are incomplete when referring to project signage, Therefore, staff recommends utilizing a sign program for the entire project to ensure sustained continuity throughout the life of the project (see Exhibit "C" - Conditions of Approval), All project signage shall conform to the regulations as set forth in Chapter 9 (Community Design Plan) and Chapter 21 of the Land Development Regulations, RECOMMENDATION: Staff has reviewed this request and recommends approval, contingent upon the approval of the concurrent rezoning application, height exception request, and all items noted within Exhibit "c" - Conditions of Approval. 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A302, 01121I2Ji.:37:Cl4 AM , , , , , , , , 1 , :i::1 ....... .,-- "' "' ~ " " ~ Ii EXHIBIT "B" - .~ .Htiiil ~,~l-=- +-=-+--=-+-=--! - I ~-+ .Em , :~ , , : 0' -, rnf . . I . , : , , , ~ 0 0 :, e , I o EEEEEB [J] [J] [J] [J] 0' ='=:=: o , o , , , o i~.~:~.~. 1 , , , , o I , 1 , , , , , , .~ , , ~<8> o 0 o o '111'1 I III ~~~ OQN ::J IOYllTOIlIEACII LOFTS 623 SOUTH FEDERAL HIGHWAY BOYNTON BEACH - n 33435-4935 . .~) .-;:.~ J :V C:\DOCU E-~<;W;\l.Q.~'lIc'l;l.\.Ii:;~~IJjJ>t1~~II_J<lJI\i,;~....I.\.flIJ..I~~~OlF.~'i.U.zJ.QQ,~~.__._._,_ I EXHIBIT "B" ji l i: i .....<Io...Ill...................- ~ 111111I1111I........., ~ ""'.,, "'.....r.., ii5 ifjjjjjjffjjljjjjjJjjj m " q ,,,, f , 'I I'" I I I I , III I III ~ p j:l ~ ~ ~ .......-.............. ! . lIf1n:I:,::lIlfJ1fIf, .. .",., . "'......, I flJlJjfjflflfffffIJjfJ ~ lilt ;: , ill.::::: illl ,. , R!!'J t" " II' ,'! II JU"~' If If f' " , n';J! III ,J"'IJII, lJflls!l, JIII,.I> . 3' )1 f' Ii fl 'I 'ltl'I"'l If. ItI;j "U' ~ 11.1 '11,11 . f. II,: ,'Ill ,"q I~.l z m I! J' " It, .. '.' I I 11 I I I G) "!JJrf : fi ittj. n: t9 ~ 'jli Ii ~ J ,16 :1' In Ii 91. :~ Iff I'! I ~ i. k II ,fj;~ Pt~ 11 .i ti IHi !I~ i~ ill U: 'Pi If It '-,f! I' 'II · Ill' 'I 1!1 I If I .! J !': '~J' I H ~I '~l .. i i II :fiii.,tl 1J'~1! .! I, I II P. .1 " I ~ Uliir9lJidl'fllfr fiJ Inllfit" JI I . I III " f r'D I",h' III r I I ...G....!.....r..I..III.. I. ....1, L.> l ~ I i' ....~ = . iliili~!li."...""!lt~~""lIi!li.I!i~..."'''!li. t) -~ "it!j ili.;;"Iliili""-"''ilIiiil.''lillj,lilll''Ii'lIilIl!li. 1,,'4.' ...... II f" d'''~ J "I n , 1'",. ~ u- n JJ I J 1111 IIIi I II ,Il... ffll ...t p ~ ~~ f I ~... -1[>- Ii' ill' IIII r I:j '1Jr ' . ;; tD rmm wBi -0 . i 0 OfTlO o :::J ~ ~ :::JQ. I 'TJ)>-< Ii II' a -;oz 5;l (J) , . I z UJI-; 0 i '" ~ r r 0 tD 0 I II -0 '" Z > () ." .- EXHIBIT "c" Conditions of Approval Project name: Boynton Beach Lofts File number: NWSP 05-008 Reference: 2nd review plans identified as a New Site Plan with a January 18. 2005 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse per the CODE, Article II, Section 10-26 (a). 2, At the time of permitting, provide a detail of the interior of the compactor X storage room showing compactor guide and stops. PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 3. Full drainage plans, including drainage calculations, in accordance with the X LOR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 5, Palm Beach County Health Department permits may be required for the water X and sewer svstems serving this proiect (CODE, Section 26-12). 6, Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p,m. (500 g.p.m. some residential developments) with 20 p.sj, residual pressure as stated in the LOR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)), COA 02/04/05 2 DEPARTMENTS INCLUDE REJECT 7, The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hvdrants, 8. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand, 9, A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this proiect, in accordance with the CODE, Section 26-15. 10. The LDR, Chapter 3, Article IV, Section 3(0) requires Master Plans to show X all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction needed in order to service this proiect. II. The LDR, Chapter 3, Article IV, Section 3(P) requires a statement be X included that utilities are available and will be provided by all other appropriate agencies, This statement is lacking on the submitted nlans, 12. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application, FIRE Comments: 13. At the time of permitting, add an additional fire hydrant to the plans so that X no more than 300 feet of road travel occurs between hydrants, 14. At the time of permitting, the site addresses shall be placed conspicuously on X the front of the structure, so the numbers can be seen plainly Site addresses shall be placed conspicuously on the front of the structure, so the numbers can be from the street. Numbers used for residences shall be not less than four inches in height and shall be made of a durable and visible materiaL Numbers used for commercial and industrial buildings shall not be less than six inches in height. (Citv Ordinance Chanter 20 Section 16.). 15, At the time of permitting, emergency access shall be provided at the start of a X project and be maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, ( 1996) Safeguarding COA 02/04/05 3 DEPARTMENTS INCLUDE REJECT Construction, Alteration, and Demolition Ooerations, Section 5-4.3, POLICE Comments; None X BUILDING DIVISION Comments; 16. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. It cannot be Tvoe V construction as noted on olans. 17. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph, Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of oermit aoolication, 18. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2,1 and Table 1604.1. Indicate the live load (psfl on the nlans for the building design. 19. Buildings three-stories or higher shall be equipped with an automatic X sprinkler system per F.S, 553,895, Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 20. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject reouest. 21. At time of permit review, submit signed and sealed working drawings of the X orooosed construction. 22, Add to each building that is depicted on the drawing titled site plan and floor X plan a labeled symbol that identifies the location of the handicap accessible entrance doors to each building, 2001 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3. 23. Compliance with regulations specified in the Fair Housing Act regarding X handicap accessibility is required (Federal Fair Housing Act Design and Construction Requirements, Title 24 CFR, Part 100.205), 24. At the time of permit review, submit details ofreinforcement of walls for the X COA 02/04/05 4 DEPARTMENTS INCLUDE REJECT future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall complv. 25. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: a, The design professional-of-record for the project shall add the following text to the site data, "The proposed finish floor elevation _' _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." b, From the FIRM map, identify in the site data the title of the flood zone that the building is located within, Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 26. To properly determine the impact fees that will be assessed for the one-story X clubhouse, provide the following: a. Will the pool/clubhouse/recreation building be restricted to the residents of the entire project only? b. Will there be any additional deliveries to the site? c. Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the clubhouse. 27. CBBCPP 3,C,3,4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 28, A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit aoolication, F.S, 373.216, 29, If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a The full name of the project as it appears on the Development Order and the Commission-approved site plan. a. If the proiect is a multi-familv proiect, the buildinl! number/s must be COA 02/04/05 5 DEPARTMENTS INCLUDE REJECT provided. The building numbers must be the same as noted on the Commission-approved site plans, b. The number of dwelling units in each building, c. The number of bedrooms in each dwelling unit. d, The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 30. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: a, A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. d. The number of dwelling units in each building, e. The total amount being paid. (CBBCO, Chapter I, Article V, Section 3(f)) 32, This structure meets the definition of a threshold building per F,S. 553,71(7) X and shall comply with the requirements of F,S. 553,79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: a. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building; b. All shoring and re-shoring procedures, plans and details shall be submitted; c. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.s, Section 633. PARKS AND RECREATION Comments: 33, As a condition of the issuance of a land development order for residential X developments, the developer shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park and recreational purposes and COA 02/04/05 6 , DEPARTMENTS INCLUDE REJECT according to the standards and formula in Chapter I, Article V in the Land Development Code, The preferred method for satisfaction of the Land Development Code is payment of a fee based on the following calculation: 48 Multi-familv housing units \a) $656.00 per unit = $31,488,00 34, At the time of permitting, submit detailed irrigation plans for right-of-way X landscaping and site work improvements during the construction document permitting stage, for review and approval by the Parks Division staff. When proposing work in the public rights-of-way, show the location of any existing irrigation lines. In addition, if project proposes pavement on top of any existing irrigation lines, the contractor must encase said lines in PVC Schedule 40 sleeves to protect them from future damalle, 35. At the time of permitting, provide as-built plans showing locations of X irrigation lines in the rights-of-way to the Parks Division at the close of the construction contract. FORESTER/ENVIRONMENTALIST Comments: 36, The trees numbered 10, 33, 34, 36, and 38 are all mature native species of X Live Oak that can be relocated by proper root pruning and moving the trees with proper equipment. 37. The irrigation system design should be low volume water conservation using X non-portable water. 38. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 39. Trees should have separate irrigation bubblers to provide water directly to the X root ball (Chaoter 7.5, Article II Sec, 5. C.2.), PLANNING AND ZONING Comments: 40. Approval of this site plan is contingent upon the accompanying request for X land use amendment / rezoning (LUAR 05-003) and Height Exception (HTEX 05-001), 41. At the time of permitting, on the cover sheet tabular data (sheet AOOO), X substitute the words "variance requested" with "approved per HTEX 05-001" and correct the height to indicate 78 feet - two (2)- inches. 42, At the time of permitting, revise the Massing Model (sheet ILL-I) and other X applicable sheets to accurately show the roofline of the proposed building. COA 02/04/05 7 DEPARTMENTS INCLUDE REJECT 43, At the time of permitting, revise the Massing Model (sheet ILL-I) or X elevations to indicate building stepback compliance of the MU-L zoning district when structures are above the 45-foot threshold, 44. The project meets the Traffic Performance Standards (TPS) of Palm Beach X County, However, no building permits may be issue after the build-out date of 2008 without review and approval of the Traffic Division of Palm Beach County. 45. A unity of title may be required, The Building Division of the Department of X Develonment will determine its applicabilitv. 46, Abandonment and rededication of easements must be recorded pnor to X issuance of a building nermit for the nroiect. 47. On the landscape plan, ensure that the plant quantities must match between X the tabular data and the granhic illustration, 48, At the time of permitting, on the elevations, show the locations, dimensions, X color(s), and type of all proposed wall signage (Chapter 4, Section 7.D.). Submit a master sign program that shows the number, location, dimensions, exterior finish, and color(s) of all signs (Chapter 2, Section 5.H.9.). The sign program would address all types of signs, including commercial wall signs, identification signs, residential subdivision signs, freestanding monument signs, canopy signs, way-finding signs, directional signs, and all other signs (including a directional sign indicating location of bicycle parking) as regulated by Chapter 21 of the Land Development Regulations. All proposed signage shall be designed and treated as part of the architecture of the building and color(s) shall be complimentary to the structure on which they are located. No sign permits may be issued until the sign program is annroved bv staff, 49, Feature lighting emphasizing plants, trees, barriers, entrances, and exits is X encouraged (Chanter 9, Section IO,F.3.). 50. Lighting may be used to illuminate a building and its grounds for safety X purposes and to enhance its beauty. However, the visual effect shall be subtle (Chapter 9, Section 10.FA.), Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (Chapter 9, Section 10.F.5.). At the time of permitting, staff recommends adding architectural lighting to enhance the nroi eel. 51. Any awnings or balconies that project over a pedestrian walkway shall X nrovide a vertical clearance of nine (9) feet (Chanter 2, Section 5.F.5.), 52. Staff recommends increasing the size of the new Sabal palm tree clusters X nronosed at the southeast, southwest, and northeast comer at varying heights COA 02104/05 8 DEPARTMENTS INCLUDE REJECT between 20 feet and 28 overall feet. 53, Staffrecommends installing 14-foot to 16-foot tall Montgomery or Alexander X palm trees within the west landscape buffer (in the planter areas) proposed between the doorways and the breaks in the window. 54. Staff recommends installing more brick-pavers within the front plazas in X order to increase the size of pedestrian / public gathering space, thereby meeting the intent of the MU -L zoning district. In any case, staff determined that there would still be enough room to install two (2) additional Foxtail palm trees within this plaza along Federal Highway. The Foxtail palm trees should be installed at a height of 18 feet to 20 feet. 55. Staff recommends utilizing aluminum framework inside the "window" X openings of the parking garage in order to enhance their appearance, 56. Staff recommends adding more architectural elements and accents to all X facades to enhance the overall appearance of the building, COMMUNITY REDEVELOPMENT AGENCY Comments: 57. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 58. To be determined. MWRJelj S;IPlanningISHAREDlWPIPROJECTSIBoynton Lofts\NWSP 05-0081COA,doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Lofts AGENT: Mr, Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated AGENTS ADDRESS: 298 Pineapple Grove Way Derray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 15, 2005 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a mixed-use project consisting of 48 dwelling units, 5,364 square feet of retail, 13,354 square feet of office, and a two (2) level parking garage on a 1.21-acre parcel in the Mixed-Use Low Intensity zoning district. LOCATION OF PROPERTY: 623 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO, X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above, The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Apprication 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 SIPlanning\SHARED\WPIPROJECTSIBoynton LoftslNWSP 05-008\DO.doc · U,f' f ~ ,. VIII.-PUBLIC HEARING ITEM B. J.. 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 December 7, 2004 November 15, 2004 (Noon.) 0 February 1,2005 January 17,2005 (Noon) 0 December 21, 2004 December 6, 2004 (Noon) I:8J February 15, 2005 January 31, 2005 (Noon) 0 January 4, 2005 December 20, 2004 (Noon) 0 March I, 2005 February 14, 2005 (Noon) 0 January 18,2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM I:8J Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the February 15,2005 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board postponed review of this item to its March 17, 2005 meeting, to allow for corrections in required site signage which provides public notification for the public hearings, This item should be placed on the Commission agenda as advertised, allowing for date certain postponement to AprilS, 2005, For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-009. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Lofts (HTEX 05-001) Bradley Miller, A1CP, Miller Land Planning Consultants, Inc. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request for a height exception of three (3) feet - two (2) inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4,F.2, to allow the mechanical room housing elevator / stair tower to be 78 feet - two (2) inches in height, a distance of three (3) feet - two (2) inches above the 75-foot maximum height allowed in the Mixed-Use Low (MU-L) zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Planning and Zoning S:\PJanning\SHARED\WP\PROJ ECTS Ik..e.., ~~Sk. City Manager's 'gnalure ~- ...... ector City Attorney / Finance / Human Resources ton Lofts\HTEX 05-001\Agenda Item Request Boiynton Beach Lofts HTEX 05-001 2-15-05.dot S,IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-009 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP Planner (f DATE: February 2, 2005 PROJECT: Boynton Beach Lofts / HTEX 05-001 Height Exception of three (3) feet - two (2) inches REQUEST: PROJECT DESCRIPTION Property Owner: Mr. Louis F, Mascia / Boynton Motel, LLC Applicant: Mr, James A, Seifert / Addison Properties of South Florida, Incorporated Agent: Mr. Bradley D, Miller, AICP / Miller Land Planning Consultants, Incorporated Location: 623 South Federal Highway Existing Land Use: Local Retail Commercial (LRC) Existing Zoning: Community Commercial (C-3) Proposed Land Use: Mixed Use (MX) Proposed Zoning: Mixed Use-Low Intensity (MU-L) Proposed Use: Office Retail Residential 13,354 square feet 5,364 square feet 48 condominium units Acreage: 52,542 square feet (1.21 acres) Adjacent Uses: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); East: Right-of-way for Federal Highway, then further east is developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); Page 2 Memorandum No. PZ 05-009 West: Right-of-way for Southeast 4th Street, then further west is an active park (Pence Park) classified Recreational (R) land use and zoned Recreation (REC), BACKGROUND Mr, Bradley Miller, AICP, agent for the property owner (Boynton Motel, LLC) is requesting to develop a mixed-use project. The survey shows that the subject property is currently developed with a one (1)- story motei building and related parking areas, The intent is to raze the existing building and redevelop the site with a single mixed-use building consisting of two (2) towers and an interior parking garage, At the roofline, the parking garage would be two (2) stories at 24 feet in height, the west tower would be five (5) stories at 58 feet in height, and the east tower, proposed along federal Highway, would be six (6) stories at 68 feet - eight (8) inches in height. Approval of the site plan, as proposed, is contingent upon the approval of this request for height exception and accompanying request to rezone (LUAR 05- 003) the property from Community Commercial (C-3) to Mixed-Use Low Intensity (MU-L), The district allows a maximum height of 75 feet (as a permitted use) and a residential density of 40 dwelling units per acre for mixed-use projects, The applicant submitted a request for height exception (HTEX 05-001) because as proposed, a portion of the building would exceed the 75-foot height threshold, The project is to be built within one (1) phase with an anticipated completion date of January of 2007, ANALYSIS The property is currently zoned C-3, The C-3 zoning district allows for a maximum building height of 45 feet. As previously mentioned, the applicant is concurrently requesting to rezone the property to MU-L. Part of the justification to rezone to MU-L is to provide developers with greater options for development and redevelopment projects in and around the downtown area, The objective of the mixed-use zoning districts, in part, is to support and stimulate revitalization efforts in the city's Community Redevelopment Agency area, Staff recognizes that a viable downtown and surrounding areas would have a mixture of uses with higher residential densities, The MU-L zoning district is appropriate for low to mid-rise development that provides for medium density residential uses. The MU-L zoning district allows for a maximum building height of 75 feet, by right. Except as described herein, building heights may exceed that threshold but only as approved via conditional use, The standards for evaluating a conditional use are different from the standards for evaluating a height exception, Land Development Regulations, Chapter 2, Zoning, Section 4,f,3, Height Limitations and Exceptions, states that in considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable, The citywide maximum height of 45 feet would generally limit a typical building to four (4) stories, The MU-L zoning district allows for a maximum building height by right at 75 feet. The elevations show that a portion of the building exceeds the 75-foot threshold. However, this project will not be reviewed as a conditional use because the height of the building (according to the definition of building height) would actually range between 68 feet - eight (8) inches and 75 feet, which is below the 75-foot threshold. Only the top portion of the stairwell would be higher than 75 feet. An emergency stairwell and elevator shaft are the types of building appurtenances that may exceed the zoning district's height limitation and be eligible for height exception review, In this case, the top of the stairwell is proposed at 78 feet - two (2) inches in height. The top of the elevator core would be 76 feet in height. Approval of the height exception request for the stairwell would cover Page 3 Memorandum No. PZ 05-009 the elevator tower, both of which occur on the east tower, The aforementioned structures would account for only a small percentage of the entire roof, In fact, the roof plan (sheet A216) shows that the roof area of the east tower would be 11,416 square feet in area, The size of the roof of the stairwell would be 207 square feet in area, Likewise, the roof of the elevator core would be 86 square feet in area, Both appurtenances would be a combined total of 293 square feet or 2,5% of the entire roof of the east tower. The stairwell would be necessary to provide access to the roof. The elevator core is necessary for the operation of the elevator, Allowance of these heights would not severely reduce light and / or air in the adjacent areas, The applicant claims that the height exception would not adversely effect property values in adjacent areas or adversely influence the living conditions in neighboring communities, Staff concurs, Granting of this height exception does not constitute a special privilege to the current property owner, RECOMMENDATION In the accompanying reports, staff is recommending approval of the site plan and request to rezone to the MU-L zoning district. The City has made every effort to change and create zoning districts (CBD, MU-L, MU-H) that will accommodate a mix of uses, innovative and attractive building designs, and viable residential densities (as determined by the market) to act as a catalyst for downtown redevelopment. As to the issue of height, staff recommends approval of the height exception request of three (3) feet - two (2) inches, This would allow the top of the stairwell to be designed at 78 feet - two (2) inches in height, Any conditions recommended by the Board or City Commission would be placed in Exhibit "Cn - Conditions of Approval. S:\PlanningISHAREDIWP\PROJECTSIBoynlon lofts\HTEX 05-Q01\Slaff Report.doc Exhibit 'A' - Location Map . 200 , 100 o 200 400 600 800 'Feet W+E S f , I~ , , , )> ~ 0> 11/ 11111 !! t' ~ n~ :rp f EXHIBIT "B" H 10 Ii;] ~ J '., '.., if'; 1,' f> 0' . !, J J I i i , ! J J ! i i ~ i i <It> i l'j $ )1 , I . i I , (~i i i 1..V' ! ! ' , ' ( i ~ \ i' [;:\-J' J ! I""""""""J ~ ~ 0 ~ ! o. >./:; <lJ) ~8 h W,!, 1",1 il~ lH~ dill 623 SOUTH ~EDERAL HIGHWAY BOYNTON B..Af;K - FL 334.15-4935 BOYNTON BEACH LOFTS ) fI 11111'1 ~O"" ",m. !!!.ii1 OQN ::> I l;! ~ -lHF"iJ-r ------........---.---.....- , , , , , , , I , , , , , , , -___..i..._~_.J... :n Ii !\ ~: i ): _.._-_.L~..b! I 13>'--'" : o : , , ........ ........,..-'.'r..'.'...,...,.,~,.......,.,.,.,~,_,_,.'_1_ _n__~.() ._--_._-~ ---+B ~ o : :.-:;;) ----~ .~--v::' : :~) I I , : _____..l.-___~_-..___--.---_ ----+-----.---'*-1-----..,.- , , 0, 0 , ~ __+_m ~ ~ ---------- !~ ~ ~ ....,. w-4' ~ e :00 I ~ 83 83'83: , -'Et--otj-DJ::- o ----~) , - , ,~') :._..:,-~ '0 ~~0 ,0 , , " n n --_.~-_._-+----t--_.t-(~ , n , .~ .~ H i 11 f If . : I " " "II "\ ~ '. eOOIL... I · &; ~ JI" f Sa . ~ ~ f:tf jl P:\..Pfaje04\04-18ll BBL\CO'S\BBL-A302.dwg, A302. 01121ut:31:Q4 AM ...,. .-#' EXHIBIT "B" - ~ , , , ~ , , ~ ~ ~ ~, ~ ~ ~ .~ H ~ 11 t - - - '-I ~ ~ o o ar 83 83 []: [] []: o ~ 0 = = = z') o o , , , : i~EHEH~~ ~ , , , , , o . :~ ~ I IOYllTOIIIEACIl LOFT8 623 SOUTH FIDERAL HGHWA'1 BOYNTON BEACH - Fl 33435-4935 II . ~!;;l-O II~il' i ~" ~ EXHIBIT "e" Conditions of Approval Project name: Boynton Beach Lofts File number: HTEX 05-001 Reference: Elevations dated January 18. 2005 I I Comm,o", Noo, DEPARTMENTS I mOUDE I REJECT I I X I I PUBLIC WORKS UTILITIES Comments: None x FIRE Comments: None I Commrn", No", x POLICE 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: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 1. None X X Page 2 Boynton Beach Lofts File No.: HTEX 05-001 I DEPARTMENTS I ",ClUDE I REJECT I ADDITIONAL CITY COMMISSION COMMENTS: Comments: I, To be determined, S:\Planning\SHARED\WPIPROJECTSIBoynlon LofhIHTEX 05-001\COAdoc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Lofts AGENT: Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated AGENT'S ADDRESS: 298 Pineapple Grove Way Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Request a three (3) foot - two (2) inch height exception for a mixed-use project on a 1.21-acre parcel in the Mixed-Use Low Intensity (MU-L) zoning district. LOCATION OF PROPERTY: 623 South Federal Highway DRAWrNG(S): SEE EXHIBIT "B" ATTACHED HERETO. x THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2, The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4, The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Crerk, 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\WPIPROJECTSIBoynton LofulHTEX 05-00]100000;; ','Cf(",",,'. ! l7 .. "i',', ':> CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM C. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine: Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office 0 December 7, 2004 November 15,2004 (Noon.) 0 February 1,2005 January 17,2005 (Noon) 0 December 21, 2004 December 6, 2004 (Noon) l2<:J February 15,2005 January 31,2005 (Noon) 0 January 4, 2005 December 20,2004 (Noon) 0 March 1, 2005 February 14,2005 (Noon) 0 January 18,2005 January 3, 2005 (Noon) 0 March 15,2005 February 28, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM l2<:J Public Hearing l2<:J Legal 0 Bids 0 Unfinished Business 0 AlUlouncement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the February 15, 2005 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on January 25, 2005 and the Community Redevelopment Agency Board on February 8, 2005, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-023. EXPLANATION: PROJECT: AGENT: LOCATION: DESCRIPTION: Medical or Scientific Research Uses in M-I (CDRV 05-003) City initiated N/A Request for amendment to the Land Development Regulations, Chapter 2. Zoning, Section 8. M-l Industrial District, to allow as conditional uses, uses proposed as medical or scientific research which involve the use, treatment, storage, or processing of human or animal bodies, or body parts. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ,- J)~ ~\ n ~'~_.', City M~ignature l/-{~\. t-?l/ ~ PlalUling and Zonin nectar City Attorney / Finance I Hwnan Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-003 Medical Research in M-l\M-l Medical Scientific Research\Agenda Item Request Medical Scientific Research Uses in M-I CDRV 05-003 2-15-05.dot S,IBULLETlN\FORMSIAGENDA ITEM REQUEST FORM,DOC Develo DEVELOPMENT DEPARTMENT MEMORANDUM NO_ PZ 05-023 TO: Chair and Members Planning & Development Board Community Redevelopment Agency Board Michael W. Rumpf'kJt// Director of Planning and Zoning FROM: DATE: January 19, 2005 SUBJECT: CODE REVIEW CDRV 05-003 Medical or scientific research proposed as a conditional use in the M-I zoning district. Land Development Regulations, Chapter 2, Zoning, Section 8,A.4 NATURE OF REOUEST City staff is proposing to amend the M-I, Industrial zoning district to add a new use that involves animal or human bodies or body parts, Specifically, the proposed text would establish this new use under subsection 4, Conditional uses. as item "g" within Chapter 2, Zoning, Section 8,A. The proposed wording is as follows: "(g), Medical or scientific research which involves the use, treatment, storage or processing of hum an or animal bodies and/or body parts. " It is not necessary to end the description with an asterisk ("*") similar to other district sections where conditional uses are mixed with permitted uses. Under this section of the M-I district regulations, all conditional uses are consolidated and identified under one subsection, BACKGROUND/ANALYSIS A request for zoning and occupational license approval was recently made for a use described as Biomedical Research and Development. Staff ultimately obtained extensive information that identifies the proposed use with the cryobiological sciences, which has been stereo-typed as an industry solely providing a service to those who desired for their respective bodies to be frozen (e.g. preserved) in part, to benefit from subsequent scientific advances that are needed for specific health reasons. Due to the limited local knowledge regarding such uses, further information has been obtained, and which continues to confirm the research purpose of this specific business. However, this experience has identified a void in the city's zoning regulations between original use descriptions and new technologies, The City's Land Development Regulations Chapter 2, Section 8,A.I,b, Commercial services as follows: includes item (11) Research and development laboratories and item (13) Medical and dental laboratories, Neither use is defined in the definitions sections of the Land Development Regulations; however, according to the United States industrial classification system, Medical laboratories, would likely be described as uses providing analytic or diagnostic services, including body fluid analysis, to the medical profession or to the patient on referral from a health practitioner. Examples of such uses could include blood analysis laboratories, medical bacteriological labs, and medical forensic labs, In contrast, Research and Development is more generally described as uses that conduct research and experimental development in physical, engineering or life sciences such as agriculture, environmental, biology, botany, biotechnology, etc, Although the word "medical" is absent in this zoning use. it could be argued that this very general description of the R & D category accommodates a host of medical or related fields, As indicated by the recent exposure to the subject cryobiological use, many uses may be construed Page 2 CDRV 05-003 to be similar to an existing zoning use due to the lack of appropriate provisions, or construed to be prohibited. Such uses for various reasons differ from the conventional uses currently listed in this section of the zoning regulations, or upon which standard zoning regulations were formed, The conditional use process is intended to identifY potentially unique uses that warrant special rules and regulations for reviewing and approval. Conditional uses are defined and addressed in the Land Development Regulations within Chapter 2. Zoning, Section 11,2, This section defines conditional uses as those that would not be appropriate generally, or without restriction, throughout a zoning classification or district, Conditional uses are required to be reviewed by the corresponding advisory board and approved by the City Commission. RECOMMENDATION Based on the information herein, and based on the amendment not being inconsistent with the City's Comprehensive Plan, staff recommends that this request to amend the city's Land Development Regulations, Chapter 2. Zoning, Section 8.AA, to add medical or scientific research which involves the use, treatment, storage or processing of human or animal bodies and/or body parts be approved, This amendment will also prevent the potential exclusion of certain uses within the city's zoning regulations, as well as facilitate the "case-by-case" review of unique uses and application of appropriate conditions to regulate same, MR S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05..()Q3 Medical Research in M-l\StaffReport.doc J ORDINANCE NO. 05- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA AMENDING LAND 5 DEVELOPMENT REGULATIONS, CHAPTER 2 6 "ZONING", SECTION 8. M-I INDUSTRIAL DISTRICT, 7 I, PERMITTED USES BY AMENDING SUBSECTION 8 (b)(ll) AND (13) TO EXCLUDE TREATMENT, 9 STORAGE OR PROCESSING OF HUMAN OR ANIMAL JO BODIES OR BODY PARTS AND AMENDING 4. II CONDITIONAL USES. BY CREATING A NEW 12 SUBSECTION G. TO INCLUDE MEDICAL OR 13 SCIENTIFIC RESEARCH WHICH INVOLVES THE 14 USE, TREATMENT, STORAGE OR PROCESSING OF 15 HUMAN OR ANIMAL BODIES, OR BODY PARTS AS A 16 CONDITONAL USE; PROVIDING FOR CONFLICTS, 17 SEVERABILITY, CODIFICATION AND AN 18 EFFECTIVE DATE. 19 20 WHEREAS, the City Commission, upon recommendation of the Planning and 21 Development Board and the Community Redevelopment Agency, does deem it appropriate 22 and in the best interests of the citizens and residents of the City of Boynton Beach, to amend 23 the Land Development Regulations of the City of Boynton Beach to include medical or 24 scientific research that involves human or animal bodies or parts as a conditional use, 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section L The foregoing whereas clause is true and correct and is now ratified and 28 confirmed by the City Commission, 29 Section 2, Chapter 2, "Zoning", Section 8, of the Land Development Regulations 30 of the City of Boynton Beach Code of Ordinances is hereby amended as follows: 31 Sec, 8. M-I Industrial district regulations and use provisions, 32 A. M - I Industrial District 33 34 35 L Permitted uses, no distance requirement. Within any M-I Industrial District, no building, structure"" 36 37 b, Commercial services as follows: S:\CA\Ordinances\LDR Changes\Amdending LOR - Chapter 2.- Medical Research.doc 38 39 ] 2 3 4 5 6 7 8 9 10 II 12 ]3 ]4 (11) Research and development laboratories, excluding treatment, storage or processing of human or animal bodies or bodv parts. (12) Commercial testing laboratories. (13) Medical and dental laboratories. excluding treatment, storage or processing of human or animal bodies or bodv parts, Section 3, Chapter 2, "Zoning", Section 8, of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by creating a new subsection 4,g" as follows: See, 8, M-I Industrial district regulations and use provisions, 15 ]6 17 ]8 ]9 20 2] 22 23 24 25 26 27 28 29 30 3] A, M-l Industrial District 4. Conditional Uses, Within any M-I Industrial District, no building structure, ,., g. Medical or scientific research \vhich involves the use, treatment, storage or processing of human or animal bodies or body pmts. Section 4, Each and every other provision of the Land Development Regulations 32 not herein specifically amended, shall remain in full force and effect as originally adopted, 33 Section 5. All laws and ordinances applying to the City of Boynton Beach in 34 conflict with any provisions of this ordinance are hereby repealed, 35 Section 6, Should any section or provision of this Ordinance or any portion 36 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 37 affect the remainder ofthis Ordinance, Section 7, Section 8, Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately, S:\C' A\Ordinances\LDR Changes\Amdending LOR - Chapter 2.- Medical Research.doc 2 FIRST READING this ~ day of ,2005. SECOND, FINAL READING AND PASSAGE this ~ day of ,2005, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 City Clerk 24 25 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA \Ordinances\LDR Changes\Amdending LOR. Chapter 2.- Medical Research.doc XII, - LEGAL ITEM A,l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin!:!: Dates in to City Clerk's Office Meetin\! Dates in to City Clerk's Office D December 7, 2004 November 15, 2004 (Noon.) D February 1,2005 January 17,2005 (Noon) D December 21, 2004 December 6,2004 (Noon) [;gJ February 15, 2005 January 31,2005 (Noon) -, D December 20, 2004 (Noon) D March 1, 2005 February 14,2005 (NoonJ, i '"}--1 January 4, 2005 ~--=i -< -., -<C) D January 18,2005 January 3, 2005 (Noon) D March 15,2005 February 28, 2005 (Nooni:;; :---:-'1 . r~:J I c::-) I"...J D Administrative D Development Plans "'11 .;:~ . D D C~'; :.r: NATURE OF Consent Agenda New Business C) ~l -'\'lCO AGENDA ITEM D [;gJ en -P'I Public Hearing Legal n;to> -J ; '1("') D Bids D Unfinished Business ::c D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the February 15, 2005 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission tabled this request on February I, 2005 to allow for reprocessing of the legal notices. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-137. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Boynton Village (LUAR 04-006) Ruden, McCloskey, Smith, Schuster & Russell, P.A. Klatt Family Limited Partnership Between Congress A venue and the L WDD E-4 Canal and south of the C-16 (Boynton) Canal Request to amend the Comprehensive Plan Future Land Use Map from Moderate Density Residential (MoDR) to Mixed Use-Suburban. DESCRIPTION: Proposed use: Mixed use development of 281.814 acres containing retail, office and residential uses. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ':\)JLS~~= City Manager's ature -, I ,.--7 ~ /l.,('l f.. ' Phinning and Z-;;;'n Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \LUAR 04-006\Agenda Item Request Boynton Village Town etr LUAR04- 006 2nd tabled amend 2-j-05.dot S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ORDINANCE NO. 04-045 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY CONSISTING OF APPROXIMATELY 81.814 ACRES AND LOCATED BETWEEN CONGRESS AVENUE AND THE L WDD E-4 CANAL AND SOUTH OF THE C-16 (BOYNTON) CANAL, MORE PARTICULARLY DESCRIBED HEREIN; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE; THE LAND USE DESIGNATION IS BEING CHANGED FROM MODERATE DENSITY RESIDENTIAL TO MIXED-USE-SUBURBAN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 20 21 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has 22 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 23 Use Element by Ordinance No, 89-38 in accordance with the Local Government 24 Comprehensive Planning Act; and 25 WHEREAS, the procedure for amendment of a Future Land Use Element of a 26 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 27 and 28 WHEREAS, after public hearing and study, the City Commission deems it in 29 the best interest of the inhabitants of said City to amend the aforesaid Element of the 30 Comprehensive Plan as adopted by the City herein, 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\Ordinances\Planning\Land Use\Boynton 7illage.doc 1 2 Section 1: The foregoing WHEREAS clauses are true and correct and 3 incorporated herein by this reference. 4 Section 2: Ordinance No. 89.38 ofthe City is hereby amended to reflect the 5 following: 6 That the Future Land Use ofthe following described land shall be designated as 7 mixed Use-Suburban, Said land is more particularly described as follows: 8 See Exhibit "A" 9 10 Containing approximately 81.814 acres, more or less, 11 12 Subject to easements, restrictions, reservation and rights of way of record, 13 14 Said lands situate, lying and being in Palm Beach County, Florida, 15 16 Section 3: That any maps adopted in accordance with the Future Land Use Element 17 shall be amended accordingly, 18 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 19 repealed, 2 0 Section 5: Should any section or provision ofthis Ordinance or any portion thereof 21 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 22 the remainder of this Ordinance, 23 Section 6: This Ordinance shall take effect on adoption, subject to the review, 24 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 25 Planning and Land Development Regulation Act. No party shall be vested of any right by 26 virtue of the adoption ofthis Ordinance until all statutory required review is complete and 27 all legal challenges, including appeals, are exhausted, In the event that the effective date is S,\CA\Ordinances\Planning\Land Use\Boynton Village.doc 1 established by state law or special act, the provisions of state act shall control. 2 FIRST READING this ~ day of J u.1 '{ ,2004. 3 4 SECOND, FINAL READING and PASSAGE this 15 day of Fe.b","nr'{_, 5 2005, 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2 ATTEST: 23 24 2 5 City Clerk 26 2 7 (Corporate Seal) 28 Mayor Vice Mayor Commissioner Commissioner Commissioner s, \CA\Ordinances\Planning\Land Use\Boynton Village .doc DEVELOPMENT DEPARTMENT PLANNING 8< ZONING DMSION MEMORANDUM NO, PZ 04-137(AMENDED) TO: Chair and Members Planning a~d Develo ent Board and City Commission Dick Huds , ICP Senior Pia ner" ("1G)~ Michael W, Rumpf\ ~ Director of Planning and Zoning FROM: THROUGH: DATE: JURC 11, 2001 December 9, 2004 PROJECT NAME/NUMBER: Boynton Village (LUAR 04-006) REQUEST: Amend the land use classification from MOderate Density Residential (MoDR) to Mixed Use-Suburban (MX-S) and rezone from R-l-AA Single Family Residential to SMU Suburban Mixed Use PROJECT DESCRIPTION Property Owner: Klatt Family Limited Partnership & Klatt Enterprises, Inc. Applicant/Agent: 1950 Congress Avenue, LLC/Ruden, McClosky, Smith, Schuster & Russell, P.A. (Kim Glas-Castro) Location: Northeast corner of the intersection of Congress Avenue and Old Boynton Road (Exhibit "A'') Parcel Size: 81.81 acres Existing Land Use: Moderate Density Residential (MoDR) at 7.26 dwelling units per acre (du/ac) Existing Zoning: R-l-AA Single Family Residential Proposed Land Use: Mixed Use Suburban (MX-S) at 20 du/ac and a floor area ratio (FAR) of 1.0 Proposed Zoning: SMU Suburban Mixed Use Proposed Use: Mixed use development containing 1,120 residential units, 10,000 sq, ft. of office use and 149,000 sq.ft, of retail commercial uses Page 2 File Number: LUAR 04-006 Boynton Village Adjacent Uses: North: Right-of-way of the Boynton (C-16) Canal then property designated Development of Regional Impact (DRI) and zoned SMU, currently under development (Renaissance Commons), South: To the southeast, right-of-way of Old Boynton Road, then developed residential properties, both single-family and multi- family; to the southwest, vacant property designated Moderate Density Residential (MoDR) and zoned R-1-AA Single Family Residential. East: Right-of-way of the Lake Worth Drainage District (LWDD) E-4 Canal, then developed single-family residences designated Low Density Residential (4.84 du/ac) and zoned R-1-AA Single Family Residential. West: Right-of-way of Congress Avenue, then developed properties designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requests for land use amendment and rezoning are consistent with objectives and policies in the Comprehensive Plan relating to mixed use projects, the provision of a range of housing opportunities within walking distance of shops and workplaces and for the interconnectivity between large-scale projects; 2, The Mixed Use-Suburban land use category and the corresponding SMU Suburban Mixed Use zoning will require the development of a community that is a pedestrian-friendly environment containing gathering places for the residents; and 3, The proposed rezoning would continue the development pattern established by the adjacent lands to the north, across the Boynton Canal and will provide a transition between existing commercial development on the west along Congress Avenue and the single-family neighborhood to the east; however, 4. Consistent with the requirements of the SMU development regulations, approval of a SMU master plan for the property shall be required concurrent with approval of the requested rezoning. Page 3 File Number: LUAR 04-006 Boynton Village PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 81,81 acres, Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public hearing the amendment package was transmitted to the Florida Department of Community Affairs (DCA) on August 3, 2004 for review for compliance with the state, regional and local comprehensive plans prior to adoption, The normal review period is approximately 60 days; however, additional time was added to allow adequate response time for review agencies affected by the hurricanes, The City received DCA's report of their findings in an "Objections, Recommendations and Comments (aRC) Report" on November 19, 2004. This report from the state is generated from reviews against state, regional and local plans and other agencies' long-range plans and policies, The two objections were based on "lack of analysis" of: (1) availability of public facilities, and (2) traffic impacts for the maximum development potential of the sites, A matrix is attached, showing objections and comments from DCA and proposed responses (Exhibit "B'') , The City has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the aRC report, or (3) determine not to adopt the amendment and inform DCA of that decision, The adoption hearing is scheduled for the City Commission meeting on January 18, 2005, It is anticipated that DCA will issue a Notice of Intent (NO!) to find the amendments either "in compliance" or "not in compliance" approximately 60 days following receipt of the amendment package (March 14, 2005), The amendments become effective 21 days following issuance of the NO!. Master Plan Reauirements The regulations for the Suburban Mixed Use zoning district require that a master plan, including multi-year phases be submitted and reviewed for approval at the time of rezoning to SMU, Because of the length of time required by the large-scale land use amendment process, the applicant submitted a master plan (see Exhibit "C'') for approval to coincide with adoption of the land use amendment and the rezoning. While master plan approval is required for rezoning to the SMU district, there is no such requirement for rezoning to C-3 Community Commercial as requested for the Boynton Town Center portion of the property; however, since the two rezonings are preceding simultaneously, staff has requested that any proposed access points from the property to the excluded parcel (Boynton Town Center) be shown on the plan and that compatibility be maximized with the remainder of the project through interconnectivity, consistent architectural design and other design attributes required by the SMU regulations, The proposed master plan meets the minimum requirements, as outlined in the zoning regulations for the Suburban Mixed Use zoning district with any exceptions noted in the Review Comments (see Exhibit D), Those requirements include: . Any proposed multi-year phasing for the project; . Locations of the different uses proposed, including open space or common areas, recreational facilities, residential areas, commercial uses, office uses, other permitted uses, and areas to be developed with integrated mixed-use structures; Page 4 File Number: LUAR 04-006 Boynton Village . Access and flow to each parcel; · Tabulations of total gross acreage in the development and the percentages thereof proposed to be devoted to the several land use types; . Tabulations demonstrating the proposed number of dwelling units, square footage of commercial, office and other uses; and, . Architectural design standards showing the following: design themes to be followed, building colors and color pallet options, maximum building heights and color elevation renderings depicting representative design concepts, Proiect Phases And Master Plan Overview The project is proposed for development in two phases. Phase I will consist of the spine road connecting the Renaissance Commons development on the north with Old Boynton Road on the south; a lake parcel of 8,38 acres (10,27% of the site); and a mixed-use parcel of 24,7 acres (30,27% of the site), The mixed-use parcel extends from the north boundary of the site at the Boynton (C-16) Canal southward along Congress Avenue to the boundary with the Boynton Town Center Project. Two access points are shown from Congress Avenue and connecting with the proposed spine road, each provides pedestrian and vehicular access to the site, The road from Congress Avenue opposite the entrance to the Boynton Beach Mall, is proposed to be lined with one- and two-story commercial buildings which will provide a "main street" atmosphere for the project, The lake parcel is located in the central eastern part of the property, It will be the principal stormwater retention area for the development. Currently, the remainder of the project is scheduled for Phase II, With the exception of a 5,03- acre (6,16% of the site) parcel denoted as "park", parcels, identified for Phase II, would all be devoted to residential development, with town homes located on the parcel surrounding the "lake parcel" and along the C-16 Canal, and condominiums on the two remaining parcels, The residential parcels total 43.47 acres or 53,3% of the total development. Tabular data show that the proposed land uses include 149,000 square feet of commercial and retail, 10,000 square feet of office and 1,120 units of multi-family residential development. A more recent breakdown shows that of the 1,120 residential units, there are 472 proposed townhouses (attached single family units) and 648 condominium units. The City has adopted a resolution requiring land dedication to satisfy the impact fee obligations; therefore, only a portion of the 5.03-acre "park parcel" counts toward the "usable open space" requirements, Based on the formulae included in the SMU development regulations, 30% of the land area devoted to single-family attached units and 20% of the land area devoted to mixed use and multi-family use must be "usable open space". In the mixed use and multi- family use areas, up to 50% of the usable open space may be made up of hardscaped plazas and public gathering places, In the townhouse areas, at least 50% must be in common pooled areas, though none of this usable open space must be in public parks. Under this requirement, a total of 17,65 acres must be earmarked for usable open space, The proposed 40-foot pedestrian greenway adjacent to the right-of-way of the E-4 Canal and the 25-foot greenway adjacent to the C-16 Canal will fulfill some of those requirements. There is no other indication Page 5 File Number: LUAR 04-006 Boynton Village how the applicant intends to fulfill these requirements; although staff will require that the developer provide a notation on the master plan giving a conceptual description or statement of assumptions as to how he proposes to meet the requirements. This notation will be used as a guide as site plans for each development tract are submitted. Also regarding recreation, a negative aspect of the proposed master plan is the lack of park space (private and public) located to take advantage of the lake area. While location of the proposed park parcel would maximize accessibility to non-residents of the development, it is assumed that the "main street" area will be patronized by more than just residents of the development. A passive area located between the spine road and the lake could be a special focal point and gathering place for a great number of people, and a true asset to the development. This would also fulfill the SMU requirements that developments utilizing the regulations provide public plazas and gathering places that are both well-designed and integrated into the overall design of the development; and also create higher quality environments for residents, businesses, employees, and visitors. A finding of consistency of the project with the Palm Beach County Traffic Performance Standards Ordinance is based on the assumption that certain roadway and intersection improvements will be necessary prior to buildout. Many of these improvements are already in the County's adopted long-range transportation plans, but may not be included in their Five- year Transportation Improvement Plan. Since these planned improvements may require acquisition of additional rights-of-way, their full implementation may be too costly to be practicable. Staff recommends a requirement of an explanation of the thresholds of development that trigger each of the roadway improvements. This should include both a comparable mix of uses similar to the subject request, as well as a scenario involving principally residential uses (Condition 5). This should be provided prior to approval of any of the individual site plans within the project. Review Based on Reauired Criteria 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. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the Clty's risk manager. The planning department shall also recommend limitations or requirements, which would have to be Imposed on subsequent development of the property, In order to comply with policies contained In the comprehensive plan. The subject property is not located in the hurricane evacuation zone, therefore the referenced policy is not applicable; however, other applicable objectives and policies contained in the comprehensive plan include: Page 6 File Number: LUAR 04-006 Boynton Village "Objective 1.15 The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects In locations which are appropriate, and utilize other Innovative methods of regulating land development N "Polley 1.22.3 Neighborhoods shall provide residences of different income levels. Homes, shops, and workplaces shall be designed to be in walking distance of each other where appropriate. Architecture and landscaping shall reflect the character of the region. N The requested land use designation, Mixed Use-Suburban, and zoning district, SMU Suburban Mixed Use, are designed to encourage developments that meet both the adopted objective and policy directions. In addition, with a well-designed site plan, this area can become an effective transition between the commercial uses on the west of Congress Avenue and the low-density single-family neighborhood east of the E-4 Canal. "Policy 1.3.8 The City shall continue to adopt and enforce regulations to require that commercial projects provide marginal access roads or cross access between sites, wherever practical, in order to minimize the need for trips on adjacent thoroughfares. N The provision for connectivity between this site and the developing mixed-use project to the north, across the Boynton Canal, will reduce travel distances and could minimize vehicle trips on Congress Avenue. This is an important design attribute given the project size and the magnitude of potential trips generated by the project. Section VIII. LAND USE PROBLEMS AND OPPORTUNmES, from the Support Documents of the Comprehensive Plan include specific directions for this property. In effect, those directions stated that since adequate commercially-zoned land exists to accommodate existing and projected demands, the property should be considered as a site for one or more major manufacturing plants. A major concern, as expressed in this recommendation, was the impacts on roads in the vicinity. The population growth alone may account for a need for increased commercial and residential development. The Palm Beach county population projections for 2010 and 2020 show growth rates which are substantially down from the 31% over the last decade, but still fairly high (22% for 2000-2010 and 18% for 2010-2020). Boynton Beach, which grew at the same pace as the county between 1990 and 2000, is nearing buildout. However, the reevaluation of redevelopment activities, particularly in areas with proposed higher densities, has recently resulted in the upward adjustment of the projected growth rates for 2000-2010 and 2010-2020 for the city from 11% and 9%, to 17% and 13%, respectively. Also a study titled "Retail and Office Space and Land Sales Research Study" for the Motorola site, prepared by Land Reseach Management, Inc. in June of 2003 indicates that such increased demand for commercial space exists based on the low vacancy rates for the existing commercial development in the vicinity. Low demand for industrially zoned property has influenced the conversion of those properties to other uses. When no tenant could be found for the Motorola site, that property was redesignated for mixed use development. Likewise, as demand fell for industrial land in Page 7 File Number: LUAR 04-006 Boynton Village Quantum Park, a mixture of uses was approved for that property which includes residential, educational and commercial development. Other conversions of industrial lands have occurred in the Congress Avenue corridor at the southern part of the City. The requested amendment and rezoning will serve to offset the decrease in property tax revenues caused by the loss in existing industrial businesses such as Motorola and in future businesses through land conversion. These changing circumstances since adoption of the Comprehensive Plan in 1989 are factors that support the requested land use amendment and rezoning. Policy 5.3.4, found in the Recreation and Open Space Element of the Comprehensive Plan states the following: "The City shall continue to require the dedication of sufficient land for a neighborhood park site at the time that the following properties are rezoned or platted for residential use: Klatt Property, and the Sand & Sea Mobile Homes. If the need for public park acreage is not indicated at the above-mentioned time, a fee shall substitute the dedication of land. Mandatory dedication is required when the public park is greater than 0.5 miles away." Maintenance of consistency with this policy is discussed below, under "Item d". 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 proposed rezoning would not create an isolated district, but would relate to the adjacent lands to the north, across the Boynton Canal. As stated above, it could also serve as a transition between the Congress Avenue right-of-way and existing commercial development to the west, and the single-family residential development to the east. The development regulations for the SMU zoning district contain restrictions on building heights and buffering requirements designed to lessen any negative impacts of SMU developments on existing, adjacent single-family developments. c. Whether changed or changing conditions make the proposed rezoning desirable. The population growth, cited in "Item a", is a changing condition that could provide justification for the proposed rezoning. Also, the decreased demand for property designated for industrial uses, which was seen as an alternate development option in 1989, and the increase in residential development in the area, are changing conditions that must be considered. The City's adoption of regulations for mixed use development in the area west of 1-95 is a bold new departure from past development practices, where each use was well-separated from one another. Mixed use development patterns have typically been confined to urban areas and the movement to extend their use to suburban areas is relatively recent and desirable. The addition of a Mixed Use-Suburban land use category will permit the development of communities that are pedestrian-friendly environments and gathering places for their residents. By providing opportunities for people to live, work and shop in the same area, there may also be a benefit in lessening impacts on roadways external to the community. Page 8 File Number: LUAR 04-006 Boynton Village d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Estimates prepared by the applicant show that total potable water demand will be approximately 439,005 gallons per day (gpd) and sewage flow demand will be approximately 359,12S (gpd), compared to 227,535 gpd for potable water and 184,023 gpd sewage flow, if the property developed at the current land use and zoning. More exact calculations of these demands will be made at the time of site plan approval; however, the Utilities Department has stated that additional demands for water and wastewater services will be adequately met by the planned capacity expansion of 5,000,000 gallons per day, via an interlocal agreement with Palm Beach County. The traffic impact analysis submitted by the applicant shows that the average daily trips generated by 588 single-family residential units under the existing land use designation would be 4,116. Under the proposed mixed use designation the average daily trips would equal 12,780; a net increase of 8,664 new trips. This would cause Gateway Boulevard and Old Boynton Road to drop from Level of Service "D" to "E", without improvements to these roadways. Congress Avenue would still operate at LOS "D". Traffic impacts were also evaluated in combination with that portion of the property proposed for Local Retail Commercia/land use and C-3 zoning. The applicant's traffic engineer has stated that the proposed development will only meet all of the requirements of the Traffic Performance Standards of Palm Beach County if phasing of the development is linked to the County's programmed roadway and intersection improvements and those proposed by the traffic engineer; however, many of the cited improvements, which include widening Gateway Boulevard from four lanes to six lanes between Congress Avenue and High Ridge Road and widening Old Boynton Road from two lanes to five lanes between Boynton Beach Boulevard and Congress Avenue, would require an amendment to the Palm Beach County Five-Year Roadway Improvements Program (2003-2008) even though they may be included in the County's long- range transportation improvements plans. In addition, since some of these planned improvements may require acquisition of additional rights-of-way, their full implementation may be too costly to be practicable, particularly in instances where acquiring additional right-of-way would create non-conforming parcels for existing development. The list of improvements, below, is taken from the applicant's traffic impact analysis. Palm Beach County Traffic Engineering has not provided comments as to their sufficiency in meeting the Traffic Performance Standards Ordinance. They are listed below with summaries of their impacts on properties, as well as the status of the improvement on the County's Long-range Transportation Improvement Program: Old Boynton Road . Five (5) Laning from Congress Ave. to Boynton Beach Blvd. (Right-of-way for this improvement exists; however Palm Beach County has the majority of this improvement planned for 2016-2020. Removal of encroachments into the right- of-way will impact properties along the roadway. Rebuilding the bridge over the E-4 Canal is scheduled for 2006.) Page 9 File Number: LUAR 04-006 Boynton Village Congress Avenue . Six (6) Laning from Lantana Rd. to Hypoluxo Rd. (Planned for fiscal year 2005.) . Six (6) Laning from Maleluca Lane to Lantana Rd. (Planned for fiscal year 2006.) Intersection Phasing - Congress Ave/Gateway Blvd. . 6 Lane Gateway Blvd. from Congress Avenue to 1-95 . Add Eastbound Right Turn Lane . Add Southbound Right Turn Lane . or CRALLS* (Right-of-way exists for 6 laning Gateway Blvd, or would have minor impacts on properties along the right-of-way. The additional turn lanes would impact properties on the west side of the intersection.) Intersection Phasing - Congress Ave/Old Boynton Road . Add Additional Northbound Dual Left Turn Lanes . Add Additional Eastbound Dual Left Turn Lanes . or CRALLS* (The additional right-of-way for the turn lanes would highly impact the commercial properies at this intersection.) Intersection Phasing -Old Boynton Rd/Boynton Beach Blvd. . Add Additional Southbound Dual Left Turn Lane (The additional right-of-way for the turn lane impacts the property at the southwest corner of the intersection.) * Constrained Roadway at Lower Level of Service (Palm Beach County adopts a CRALLS in its Comprehensive Plan. This action recognizes that it is not feasible to complete improvements necessary for the roadway to operate at the adopted Level of Service. Mitigation measures are required to offset the lower level of service.) The applicant has proposed a phasing schedule for the project, linking the issuance of building permits to the commencement of construction of the roadway improvements. This is only one scenario, and other scenarios could be developed as long as they meet the phasing trip thresholds. The most recent traffic impact analysis for the Boynton Village project, combined with the Boynton Town Center, was only presented to Palm Beach County on December 20, 2004. A response from the County is expected prior to the adoption hearing. While the Objections, Recommendations and Comments by DCA associated with the land use amendment have been satisfied by the applicant, the adoption of the rezoning for this project is conditioned on the applicant's complying with the requirements of the County's Traffic Performance Standards Ordinance. Unless the County's response is forthcoming prior to the adoption hearing, staff would recommend postponement of the adoption of the land use amendment and rezoning until adoption of the amendments proceeding under Round 1-2005. Page 10 File Number: LUAR 04-006 Boynton Village The Police Department has utilized statistics from Cross Creek Plaza, a strip mall located at 1313 W. Boynton Beach Boulevard to project the service impacts of the small commercial uses proposed in the project. Over a three-year period, the number of businesses in the plaza ranged between 10 and 15 operating at anyone time. The statistical data indicated that businesses of a similar nature would generate approximately 81 calls for service. Likewise, statistical data from townhouses in the Sandalwood Community over a three-year period were used to project the impacts of the 1,120 proposed dwelling units, which is estimated at 988 calls per year. These demands coupled with those of the adjacent Boynton Town Center development indicate that an additional Uniformed Services patrol zone may have to be initiated and manned to provide police services to the residents and businesses on the site. This will require 4 additional police officers to man the new zone. Fire-Rescue indicates that increases in population density and commercial development also increase traffic congestion. Traffic light pre-emption for emergency vehicles is essential to maintaining desired response time. It is imperative that Fire Station #4 is completed and in service prior to completion and occupancy of these new projects, and that Fire Station #5 be expedited to insure adequate service delivery levels and effective response times in the northeast section of the City and as a backup in the northwest section of the City. Approval of new development projects involving multi-family or high-intensity commercial projects should be contingent upon consideration of future upgrades in emergency dispatch capability. Generally, Recreation and Open Space requirements are met in either of two ways: through payment of the Recreation and Parks Development Impact Fee based on an ordinance last amended in July 2002, or through land dedication based on a Comprehensive Plan standard of 6 acres per 1,000 population. In response to Comprehensive Plan Policy 9.C.3.4, cited above under "Item a", the City Commission has requested land dedication. The Recreation and Parks Department has determined that the Impact Fee for 1,120 residential units would equal approximately $784,000, based on 1,120 units (472 townhouse units) and 648 condominium units). To date, it has not been determined how this amount would convert to recreation acreage on the site; however, the dedication should not be counted toward the required "usable open space". Additionally, the Greenwavs/Blkewavs Plan calls for negotiation with developers to provide green space and bikeway linkages throughout the City. Per the plan's recommendation, a 25- foot wide bikeway is considered a minimum. As discussed in the Master Plan Overview, above, the developer has proposed a 40-foot wide greenway along the E-4 Canal right-of-way and a 25-foot greenway along the C-16 Canal to link with the Renaissance Commons bikeways along these canals. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of site plan review, and must satisfy all requirements of the city and local drainage permitting authorities. Page 11 File Number: LUAR 04-006 Boynton Village 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. Compatibility has been discussed under "Item b". above. The development regulations for the SMU zoning district contain restrictions on building heights and buffering requirements designed to lessen any negative impacts of SMU developments on existing adjacent single-family developments. In addition, the E-4 Canal, situated between the proposed project and the single family neighborhood to the east, has a right-of-way 180 feet. The resulting development would generally have a positive effect on property values of adjacent and nearby properties. However, the roadway improvements, which have been suggested as necessary for the project to be built out as designed, will have a negative impact on some properties, as discussed under "Item d", above. There may be alternatives to the required road improvements considered, such as a "CRALLS" designation, that will not have the same impacts; or a decision may be made that the benefits of the completed project outweigh the general or isolated costs, particularly if the costs are not borne by a governmental entity. f. Whether the property is physically and economically developable under the existing zoning. The property is developable under existing land use designation and zoning. Given the magnitude of commercial uses along this segment of the Congress Avenue corridor, it is questionable if single-family residential development would be the most desirable use of the property or would best accommodate population growth, while at the same time representing the highest and best use ideally proportional service costs. 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 scale of the proposed mixed use development is such that it can meet the policy directions of the Comprehensive Plan, cited above under "Item a", by providing a mixture of homes, shops, and workplaces in walking distance of each other that are designed in a manner to be sensitive to the characteristics of the site and to surrounding land uses, and at the same time, keep a significant portion of the projected trips within the boundaries of the project. h. Whether there are adequate sites elsewhere In the city for the proposed use, in districts where such use Is already allowed. Given the fact that the applicant is requesting a land use designation that is being considered concurrent with this request for land use amendment, there are no other sites currently available in the City with a Mixed Use-Suburban land use designation. There are no other sites in the City of similar size and location to provide this opportunity for a sizeable mixed use project. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; however, there will be impacts on infrastructure, particularly roadways that may require phasing Page 12 File Number: LUAR 04-006 Boynton Village of the project and the impacts of infrastructure improvements on selected properties in the area must be weighed against projected benefits to the City. In addition, the increase in property tax revenues, the additional housing opportunities, the recreation amenities, and the concentration of density near the City's commercial hub must be weighed against the decrease in Level of Service on Congress Avenue and the additional traffic on Old Boynton Road. The proposed land use amendment and rezoning 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, provided that the master plan, as required by the Suburban Mixed Use zoning regulations, is approved concurrently. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "D". ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\LUAR 04-006\SfAFF REPORT UPDATE.doc DCA OBJECTIONS ORIGINAL SOURCE RESI'ONSE (REVIEW AGENCY) Inconsistency with State Comprehensive Plan DCA Addressed by responding to policies dealing with capacity of infrastructure to other objections, concerns and support development and coordination of comments as listed transportation improvements with state, regional and local plans Lack of analysis for availability of public facilities SFWMD (potable Provided by developer's for the maximum development potential of the water facility capacity consultant sites (sufficient capacity to maintain adopted analysis) LOS) Lack of traffic analysis for the maximum FDOT (also: impact on Provided by developer's development potential of the sites (short- and long regional network and consultant term impact on adopted LOS), necessary road State Highway System) improvements CONCERNS/COMMENTS REVIEW AGENCY RESPONSE Uses permitted in SMU include only residential FDOT Adjusted comprehensive plan and commercial. excluding other possibilities language to include (such as institutional, civic etc) "residential" and "non- residential" categories There is no explanation how the density and FDOT Adjusted comprehensive plan intensity of uses are calculated language to include the method of calculation There is no determination of the minimum FDOT Adjusted comprehensive plan densityiintensity for each use language to include minimum/maximum density and intensity for residential and commercial uses No policies promoting transit/transit-oriented FDOT Policies promoting transit and designs for SMU sites transit-oriented designs are being introduced in the Transportation Element in conjunction with the TCEA. Inconsistencies of road classifications between the FDOT Mistake on the part ofFDOT proposed BB map and PBC Future 2020 (admitted) Functional Classification of Roads map No FLUM amendments should be adopted before TCRPC The suggested roadway amendments are made to the PB County Five improvements are not in the Year Roadway Improvement Plan plan. The City should consider designating the entire TCRPC The City staff has made this property as SMU suggestion; the developer declined. DCA - Department of Community Affairs SFWMD - South Florida Water Management District FDOT - Florida Department of Transportation TCRPC - Treasure Coast regional Planning Council LOS - level of service ...... .....' "'\"I'tool\C~O\CO""\__"1 WSI'_1WiJ 0.. 01, 200. "'''om .~ <>'10."""", ... .._.._'--"-'..~-~_........"",...,.._---,.......,-........_..~.~~-~-_...- _._~ "-- ...-.....-...--"..........-,-..........''''' I II - u_ -~'~"~if~:~~ - -i~-.~)L_-.-HWq~lq UII n iii! f~ -.---- -.- III I _ .o.~". 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I ~1171 !i, ,.,...",,, ,...,.<: '<:' '\~"'-<'" 1 I I ~ i, ~ - ,,,,, " " '" '" ',- "'\:"-" ." "'~" ""''' I ) 1 ] ,\.. ,'....:,'\'"~,,,' ,~'-~ --------1:::--'-- L _~~~~-~~_ ~_ _ . __ ____.~ _" ~ _ _-----!!'~_ _ _ r:-;;:lfFI~i~J~ ~~~...~. ~ \ ~ ~I ;:! 'I , BOYNTON VILLAGE CIJ :::i~ -~ DEVELOPER: "'1 ~J ~/( 1950 CONGRESS AVENUE, LLC. 8O'lmOH B~A.Cll FlOOUtlA SMU MASTER PLAN "1<L"NO'ItlI~~n ~nlCknley-Hom -....H~................._ a....J_U IlldAlloclalel,1nc. -.. ... Mm ...~-.~..._""::..~~ -.. -tml...._...Il1aI_ COIl -.....-...0 Exhibit "c" ~ i il "I' 1'1 !;I; Ij II " :1 . i ! II :11 , 'I , , , , , I , , , ~ - ~~!( n EXHIBIT "D" Conditions of Approval Project name: Boynton Village File number: LUAR 04-006 Reference: SMU DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: X 1. Provide a copy of a revised traffic analysis for this project. The traffic analysis shall include impacts associated with full build-out of the project. The provided analysis only considers Boynton Town Center and Boynton Village and should include all required off-site improvements. 2. Minimum right-of-way width for the spine road shall be no less than 100 X feet. The roadway classification for this roadway will be a Major Collector at build-out and thus the specified right-of-way width. 3. Please acknowledge that many of the off-site improvements referenced in X the Traffic Impact Analysis prepared by Pinder Troutman Consulting, Inc. will require acquisition of additional public right-of-way. Identify those areas and address resulting impacts to private properties. 4. Provide preliminary road layout to illustrate lane alignment at the X intersections of Congress/Old Boynton and CongressiGateway. Include the roadway widening impacts to the Renaissance Commons Phase VI and show roadway re-configuration on Gateway Blvd. from Congress to Park Ridge Rd. 5. The developer shall provide a phased construction schedule based upon off X site roadway improvements necessary to support each particular phase. The phased construction schedule shall be based upon trips generated by each land use in each phase. UTILITIES Comments: 6. Please provide an accurate time line that clearly illustrates when water and X sewer services will be required to serve the proposed project. Your starting Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I date for the time line should be the date of City Commission approval. A]so provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This time line will be used to determine the adequacy of water and wastewater treatment capacity for your project upon the project's completion, so please be as accurate as possible. 7. Provide calculations showing that the proposed water mains will support the X needed fire flows and demands. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: ]0. Tabulations demonstrating the proposed numbers and types of dwelling X DEPARTMENTS INCLUDE REJECT units, square footages of commercial, office and other uses should be shown on the individual parcels and tabular data of master plan. 11. Master plan shows approximately 5 acres for open space concentrated at X southeast corner of project. Although individual site plans will be required to show full compliance with objectives/intent of SMU ordinance including requirements for useable open space, this area is considerably smaller than the total amount of useable open space required for the project. Either expand the proposed recreation area to represent a greater portion of the open space requirement, or alternatively, provide secondary open space where originally proposed between lake parcel and eastern terminus of the main street, and sized to at minimum provide for open vista to lake and small gathering place. Remainder of required opens space can then be represented, for example, by private recreation areas, the pedestrian greenway, qualified green spaces and urban gathering spaces all to be shown on the comprehensive site plan and individual site plans. 12. The 2nd traffic circle (easternmost) should be the prominent focal point. The X alignment of the north/south intersecting roadway should be straight through, as depicted on the westernmost traffic circle, providing ease of movement and clear vision through the intersection. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S:\Planning\SHARED\WP\PROJECTS\8oynton Village-Boynton Town Center l\LUAR 04-006\SMU Master Plan\COA.doc EXHIBIT "B" ORe REPORT RESPONSES DCA OBJECTIONS ORIGINAL SOllRCE UESPONSE (UEVIEW AGENCY) Inconsistency with State Comprehensive Plan DCA Addressed by responding to other objections, policies dealing with capacity of concerns and comments as listed infrastIucture to support development and coordination of transportation improvements with state, regional and local plans Lack of analysis for availability of public SFWMD (potable water Provided by developer's consultant facilities for the maximum development facility capacity analysis) potential of the sites (sufficient capacity to maintain adopted LOS) Lack of traffic analysis for the maximum FDOT (also: impact on Provided by developer's consultant development potential of the sites (short- and regional network and long term impact on adopted LOS), State Highway System) necessary road improvements CONCEUNS/COMMENTS UEVIEW AGENCY RESPONSE Uses permitted in SMU include only FDOT Adjusted comprehensive plan language to residential and conunercial, excluding other include "residential" and "non-residential" possibilities (such as institutional, civic ete) categories There is no explanation how the density and FDOT Adjusted comprehensive plan language to intensi~y of uses are calculated include the method of calculation There is no detennination of the minimum FDOT Adjusted comprehensive plan language to density/intensity for each use include minimum/maximum density and intensity for residential and commercial uses No policies promoting transit/transit-oriented FDOT Policies promoting transit and transit-oriented designs for SMU sites designs are being introduced in the Transportation Element in conjunction with the TCEA. Also FDOT has stated that these can be addressed in a future amendment round. Inconsistencies of road classifications FDOT Mistake on the part ofFDOT (admitted) between the proposed BB map and PBC Future 2020 Functional Classification of Roads map No FLUM amendments should be adopted TCRPC The required roadway improvements are not before amendments are made to the PB in the County Five Year Roadway County Five Year Roadway Improvement Improvement Plan. Plan The City should consider designating the TCRPC Alternative to a land use designation, staff entire property as SMU will ensure that connectivity exists and, setbacks, architectural design, and colors are consistent between the two developments DCA - Department of Commumty AffaIrS SFWMD - South Florida Water Management District FDOT - Florida Department of Transportation TCRPC - Treasure Coast regional Plalll1ing Council LOS - level of service CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meetinll:Dates in to City Clerk's Office Meetinl! Dates D December 7, 2004 November 15,2004 (Noon.) D February 1,2005 D December 21, 2004 December 6, 2004 (Noon) ~ February 15,2005 D January 4, 2005 December 20, 2004 (Noon) D March 1,2005 D January 18, 2005 January 3, 2005 (Noon) D March 15,2005 XII. - LEGAL ITEM A.2 Date Final Form Must be Turned in to City Clerk's Office January 17,2005 (Noon) '~l I -~ January 31, 2005 (Noon) ;'1 :~::J I February 14, 2005 (Noon/v ...."J February 28, 2005 (Noon)'~ Co,:: ") D Administrative D Development Plans ~. , NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing ~ Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report ~. ) "']-"1 '~-i-< --', I:::; r")-'" !""rJ:J ":::':> '..-, .~- ~.')-, <:> "-';"'CO :r:-1 -!> '~~ ::r: RECOMMENDATION: Please place this request on the February 15, 2005 City Commission Agenda under Legal, Ordinance - Second Reading, The City Commission tabled this request on February 1,2005 to allow for reprocessing of the legal notices, For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-137, EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Boynton Village (LUAR 04-006) Ruden, McCloskey, Smith, Schuster & Russell, P .A. Klatt Family Limited Partnership Between Congress A venue and the L WDD E-4 Canal and south of the C-16 (Boynton) Canal Request to rezone from R-l-AA single family residential to Suburban Mixed Use (SMU). DESCRIPTION: Proposed use: Mixed use development of .:1:81.814 acres containing retail, office and residential uses. N/A N/A ~ ' IQ Development Dep nt rector -; . --7 L /1~ 1./ ~ / Planning and Zoni irector City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton To'Nll Center 1 \LUAR 04-006\Agenda Item Request Boynton Village To'Nll etr LUAR04- 006 2nd tabled rezone 2-1-05.dot PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: cAJ, City Manager signature S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC 24 25 26 27 28 29 ~30 1 ORDINANCE NO. 04-04(., 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF KLATT F AMIL Y LIMITED PARTNERSHIP, AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM R-I-AA SINGLE- FAMILY RESIDENITAL TO SUBURBAN MIXED USE (SMU); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 19 said City; and 20 WHEREAS, Klatt Family Limited partnership, owner of the property more 21 particularly described hereinafter, and known as Boynton Village, has heretofore 22 filed a Petition, through its agent, Ruden, McClosky, et al. pursuant to Section 9 of 23 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a tract of land consisting of approximately 82.076 acres, said land being more particularly described hereinafter, from R-l-AA Single- Family Residential to Suburban Mixed Use (SMU); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezomng IS S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boyntnn Village. doc 1 consistent with an amendment to the Land Use which was contemporaneously 2 considered and approved at the public hearing heretofore referenced; and 3 WHEREAS, the City Commission deems it in the best interests of the 4 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 5 set forth. 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 7 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 Section I. The foregoing Whereas clauses are true and correct and 9 incorporated herein by this reference. 10 Section 2. The following described land, located in the City of Boynton Beach, 11 Florida as set forth as follows: 12 SEE EXHIDIT "B" 13 14 Containing 82.076 acres, more or less. 15 16 Subject to easements, restrictions, reservation and rights of way of record. 17 18 Said lands situate, lying and being in Palm Beach County, Florida. 19 2 0 be and the same is hereby rezoned from R-l-AA Single-Family Residential to Suburban 21 Mixed Use (SMU). A location map is attached hereto as Exhibit "A" and made a part of 22 this Ordinance by reference. 23 Section 3: 24 accordingly. 25 Section 4: 26 hereby repealed. 27 Section 6: That the aforesaid Revised Zoning Map of the City shall be amended All ordinances or parts of ordinances in conflict herewith are Should any section or provision of this Ordinance or any portion S:\CA \Ordinances\Planning\Rezoning\Rezoning - Boynton Village.doc 1 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 2 not affect the remainder of this Ordinance. 3 Section 7. This ordinance shall become effective immediately upon passage. 4 FIRST READING this ~ day of J ul 'f ,2004. 5 SECOND, FINAL READING and PASSAGE this ~ day of Fe.brUlU'1,2005. 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 19 20 21 22 ATTEST: 23 24 25 City Clerk 26 27 (Corporate Seal) Commissioner Commissioner $:\CA \Ordinances\Planning\Rezoning\Rezoning - Boynton Village.doc LEGAL DESCRIPTION A parcel of land being a portion of Lots 69 through 78, Lots 84 through 93, the abandoned road rights-of-way adjacent to said lots, Lake Bessie and the unnumbered lands adjacent to said Lake Bessie as shown on the plat of "PALM BEACH-MIAMI LAND AND DEVELOPMENT COMPANY SUBDIVISION OF SECTION 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST as recorded in Plat Book 7, Page 20 of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: COMMENCE at the Southwest corner of the Southwest One-Quarter (114) of said Section 20, Township 45 South, Range 43 East; THENCE on a grid bearing of NOI %%d22'46"W along the West line of said Southwest One-Quarter (114) of Section 20 a distance of 1222.48 feet to the centerline of Old Boynton Road; THENCE N89048'57"E along said centerline of Old Boynton Road a distance of 1990.49 feet to the Southerly extension of the West right-of-way line of the Lake Worth Drainage District E-4 Canal; THENCE NOo041'03"W along said Southerly extension a distance of50.00 feet to a point on a line 50.00 feet North of and parallel with said centerline of Old Boynton Road, said point being the POINT OF BEGINNING; THENCE S89048'57"W along said parallel line a distance of 826.94 feet; THENCE NOool I '03"W a distance of 89.52 feet to a point of curvature of a tangent curve concave to the West; THENCE Northerly along the arc of said curve to the left having a central angle of 19003 '4 7" and a radius of 556.50 feet for an arc distance of 185.15 feet to a point of reverse curvature of a tangent curve concave to the East; THENCE Northerly along the arc of said curve to the right having a central angle of 23057'48" and a radius of 682.00 feet for an arc distance of 285.24 feet to a point of reverse curvature of a tangent curve concave to the West; THENCE Northerly along the arc of said curve to the left having a central angle of 06006'43" and a radius of 556.50 feet for an arc distance of 59.36 feet to a point of tangency; THENCE NOl 023'44"W a distance of74.24 feet to a point of curvature of a tangent curve concave to the West; THENCE Northerly and Northeasterly along the arc of said curve to the left having a central angle of23043'48" and a radius of 556.50 feet for an arc distance of 230.48 feet to of reverse curvature of a tangent curve concave to the Northeast; THENCE Northwesterly along the arc of said curve to the right having a central angle of 04025'16" and a radius of 1542.00 feet for an arc distance of 118.99 feet to a point on a non-tangent line; THENCE S88037'14"W a distance of 962.36 feet to a point on the East right-of-way line of Congress Avenue, said line also being 60.00 feet East of and parallel with said West line of the Southwest One-Quarter (114) of Section 20; THENCE NOI %%d22'46"W along said right-of-way line and parallel line a distance of 371.75 feet to a point on line 60.00 feet East of and parallel with the West line of the Northwest One-Quarter (114) of said Section 20; THENCE NOl023'03"W continuing along said right-of-way line and said parallel line a distance of 1222.05 feet to a point on line 210.00 South of and parallel with the South line of the plat of RENAISSANCE COMMONS, A P.D.D. as recorded in Plat Book 102, Pages 57-62 of the Public Records of Palm Beach County, Florida, said line also being the South right-of-way line ofthe Boynton Canal (Canal C-16); THENCE N87045'57"E along said parallel line and said right-of-way line a distance of 1485.39 feet to a point on the West right-of-way line of said Lake Worth Drainage District E-4 Canal; THENCE S06%%d28'18"E along said West right-of-way line a distance of760.86 feet; THENCE S30%%d46'03"E continuing along said West right-of-way line a distance of 800.00 feet; THENCE SOO%%d41'03"E continuing along said West right-of-way line a distance of 1200.00 feet to the POINT OF BEGINNING; Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 82.076 Acres ie. BOYNTON TOWN CENTER I LOCATION MAP Local Retail Commercial Industrial o :::: ! Gl II:: "- III --.---.-.-.-.---- '-----. I i i BOYNTON TOWN CE TER I i LUAR 04-007 .3 Local Retail Com erclal 25.00 acres Local Commercial ;::A" " ((7' \~ Y .. - - - - W+E S \\ A II DEVELOPMENT DEPARTMENT PLANNING &: ZONING DIVISION MEMORANDUM NO. PZ 04-137(AMENDED) TO: Chair and Members Planning a~d Develo ent Board and City Commission Dick Huds , ICP Senior Pia ner 7 rv1 t:../ Michael W. Rumpf; ~ LV Director of Planning and Zoning FROM: THROUGH: DATE: Junc 11, 2001 December 9. 2004 PROJECf NAME/NUMBER: Boynton Village (LUAR 04-006) REQUEST: Amend the land use classification from Moderate Density Residential (MoDR) to Mixed Use-Suburban (MX-S) and rezone from R-l-AA Single Family Residential to SMU Suburban Mixed Use PROJECT DESCRIPTION Property Owner: Klatt Family Limited Partnership & Klatt Enterprises, Inc. Applicant; Agent: 1950 Congress Avenue, LLCjRuden, McClosky, Smith, Schuster & Russell, P.A. (Kim Glas-Castro) Location: Northeast corner of the intersection of Congress Avenue and Old Boynton Road (Exhibit "A'') Parcel Size: 81.81 acres Existing Land Use: Moderate Density Residential (MoDR) at 7.26 dwelling units per acre (du/ac) Existing Zoning: R-l-AA Single Family Residential Proposed Land Use: Mixed Use Suburban (MX-S) at 20 du/ac and a floor area ratio (FAR) of 1.0 Proposed Zoning: SMU Suburban Mixed Use Proposed Use: Mixed use development containing 1,120 residential units, 10,000 sq. ft. of office use and 149,000 sq.ft. of retail commercial uses Page 2 File Number: LUAR 04-006 Boynton Village Adjacent Uses: North: Right-of-way of the Boynton (C-16) Canal then property designated Development of Regional Impact (DRI) and zoned SMU, currently under development (Renaissance Commons). South: To the southeast, right-of-way of Old Boynton Road, then developed residential properties, both single-family and multi- family; to the southwest, vacant property designated Moderate Density Residential (MoDR) and zoned R-l-AA Single Family Residential. East: Right-of-way of the Lake Worth Drainage District (LWDD) E-4 Canal, then developed single-family residences designated Low Density Residential (4.84 dujac) and zoned R-l-AA Single Family Residential. West: Right-of-way of Congress Avenue, then developed properties designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requests for land use amendment and rezoning are consistent with objectives and policies in the Comprehensive Plan relating to mixed use projects, the provision of a range of housing opportunities within walking distance of shops and workplaces and for the interconnectivity between large-scale projects; 2. The Mixed Use-Suburban land use category and the corresponding SMU Suburban Mixed Use zoning will require the development of a community that is a pedestrian-friendly environment containing gathering places for the residents; and 3. The proposed rezoning would continue the development pattern established by the adjacent lands to the north, across the Boynton Canal and will prOVide a transition between existing commercial development on the west along Congress Avenue and the single-family neighborhood to the east; however, 4. Consistent with the requirements of the SMU development regulations, approval of a SMU master plan for the property shall be required concurrent with approval of the requested rezoning. Page 3 File Number: LUAR 04-006 Boynton Village PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 81.81 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public hearing the amendment package was transmitted to the Florida Department of Community Affairs (DCA) on August 3, 2004 for review for compliance with the state, regional and local comprehensive plans prior to adoption. The normal review period is approximately 60 days; however, additional time was added to allow adequate response time for review agencies affected by the hurricanes. The City received DCA's report of their findings in an "Objections, Recommendations and Comments (ORe) Report" on November 19, 2004. This report from the state is generated from reviews against state, regional and local plans and other agencies' long-range plans and policies. The two objections were based on "lack of analysis" of: (1) availability of public facilities, and (2) traffic impacts for the maximum development potential of the sites. A matrix is attached, showing objections and comments from DCA and proposed responses (Exhibit "B"). The City has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. The adoption hearing is scheduled for the City Commission meeting on January 18, 2005. It is anticipated that DCA will issue a Notice of Intent (NOI) to find the amendments either "in compliance" or "not in compliance" approximately 60 days following receipt of the amendment package (March 14,2005). The amendments become effective 21 days following issuance of the NOr. Master Plan Reauirements The regulations for the Suburban Mixed Use zoning district require that a master plan, including multi-year phases be submitted and reviewed for approval at the time of rezoning to SMU. Because of the length of time required by the large-scale land use amendment process, the applicant submitted a master plan (see Exhibit "C") for approval to coincide with adoption of the land use amendment and the rezoning. While master plan approval is required for rezoning to the SMU district, there is no such requirement for rezoning to C-3 Community Commercial as requested for the Boynton Town Center portion of the property; however, since the two rezonings are preceding simultaneously, staff has requested that any proposed access points from the property to the excluded parcel (Boynton Town Center) be shown on the plan and that compatibility be maximized with the remainder of the project through interconnectivity, consistent architectural design and other design attributes required by the SMU regulations. The proposed master plan meets the minimum requirements, as outlined in the zoning regulations for the Suburban Mixed Use zoning district with any exceptions noted in the Review Comments (see Exhibit D). Those requirements include: . Any proposed multi-year phasing for the project; . Locations of the different uses proposed, including open space or common areas, recreational facilities, residential areas, commercial uses, office uses, other permitted uses, and areas to be developed with integrated mixed-use structures; Page 4 File Number: LUAR 04-006 Boynton Village · Access and flow to each parcel; . Tabulations of total gross acreage in the development and the percentages thereof proposed to be devoted to the several land use types; . Tabulations demonstrating the proposed number of dwelling units, square footage of commercial, office and other uses; and, . Architectural design standards showing the following: design themes to be followed, building colors and color pallet options, maximum building heights and color elevation renderings depicting representative design concepts. Proiect Phases And Master Plan Overview The project is proposed for development in two phases. Phase I will consist of the spine road connecting the Renaissance Commons development on the north with Old Boynton Road on the south; a lake parcel of 8.38 acres (10.27% of the site); and a mixed-use parcel of 24.7 acres (30.27% of the site). The mixed-use parcel extends from the north boundary of the site at the Boynton (C-16) Canal southward along Congress Avenue to the boundary with the Boynton Town Center Project. Two access points are shown from Congress Avenue and connecting with the proposed spine road, each provides pedestrian and vehicular access to the site. The road from Congress Avenue opposite the entrance to the Boynton Beach Mall, is proposed to be lined with one- and two-story commercial buildings which will provide a "main street" atmosphere for the project. The lake parcel is located in the central eastern part of the property. It will be the principal stormwater retention area for the development. Currently, the remainder of the project is scheduled for Phase II. With the exception of a 5.03- acre (6.16% of the site) parcel denoted as "park", parcels, identified for Phase II, would all be devoted to residential development, with town homes located on the parcel surrounding the "lake parcel" and along the C-16 Canal, and condominiums on the two remaining parcels. The residential parcels total 43.47 acres or 53.3% of the total development. Tabular data show that the proposed land uses include 149,000 square feet of commercial and retail, 10,000 square feet of office and 1,120 units of multi-family residential development. A more recent breakdown shows that of the 1,120 residential units, there are 472 proposed townhouses (attached single family units) and 648 condominium units. The City has adopted a resolution requiring land dedication to satisfy the impact fee obligations; therefore, only a portion of the 5.03-acre "park parcel" counts toward the "usable open space" requirements. Based on the formulae included in the SMU development regulations, 30% of the land area devoted to single-family attached units and 20% of the land area devoted to mixed use and multi-family use must be "usable open space". In the mixed use and multi- family use areas, up to 50% of the usable open space may be made up of hardscaped plazas and public gathering places. In the townhouse areas, at least 50% must be in common pooled areas, though none of this usable open space must be in public parks. Under this requirement, a total of 17.65 acres must be earmarked for usable open space. The proposed 40-foot pedestrian greenway adjacent to the right-of-way of the E-4 Canal and the 25-foot greenway adjacent to the C-16 Canal will fulfill some of those requirements. There is no other indication Page 5 File Number: LUAR 04-006 Boynton Village how the applicant intends to fulfill these requirements; although staff will require that the developer provide a notation on the master plan giving a conceptual description or statement of assumptions as to how he proposes to meet the requirements. This notation will be used as a guide as site plans for each development tract are submitted. Also regarding recreation, a negative aspect of the proposed master plan is the lack of park space (private and public) located to take advantage of the lake area. While location of the proposed park parcel would maximize accessibility to non-residents of the development, it is assumed that the "main street" area will be patronized by more than just residents of the development. A passive area located between the spine road and the lake could be a special focal point and gathering place for a great number of people, and a true asset to the development. This would also fulfill the SMU requirements that developments utilizing the regulations provide public plazas and gathering places that are both well-designed and integrated into the overall design of the development; and also create higher quality environments for residents, businesses, employees, and visitors. A finding of consistency of the project with the Palm Beach County Traffic Performance Standards Ordinance is based on the assumption that certain roadway and intersection improvements will be necessary prior to buildout. Many of these improvements are already in the County's adopted long-range transportation plans, but may not be included in their Five- year Transportation Improvement Plan. Since these planned improvements may require acquisition of additional rights-of-way, their full implementation may be too costiy to be practicable. Staff recommends a requirement of an explanation of the thresholds of development that trigger each of the roadway improvements. This should include both a comparable mix of uses similar to the subject request, as well as a scenario involving principally residential uses (Condition 5). This should be provided prior to approval of any of the individual site plans within the project. Review Based on Reauired Criteria 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. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies Including but not limited to, a prohibition against any Increase in dwelling unit density exceeding 50 In the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the Clty's risk manager. The planning department shall also recommend limitations or requirements, which would have to be Imposed on subsequent development of the property, In order to comply with policies contained In the comprehensive plan. The subject property is not located in the hurricane evacuation zone, therefore the referenced policy is not applicable; however, other applicable objectives and poliCies contained in the comprehensive plan include: Page 6 File Number: LUAR 04-006 Boynton Village "Objective 1.15 The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects In locations which are appropriate, and utilize other innovative methods of regulating land development FF "Policy 1.22.3 Neighborhoods shall provide residences of different income levels. Homes, shops, and workplaces shall be designed to be In walking distance of each other where appropriate. Architecture and landscaping shall reflect the character of the region. FF The requested land use designation, Mixed Use-Suburban, and zoning district, SMU Suburban Mixed Use, are designed to encourage developments that meet both the adopted objective and policy directions. In addition, with a well-designed site plan, this area can become an effective transition between the commercial uses on the west of Congress Avenue and the low-density single-family neighborhood east of the E-4 Canal. ''Policy 1.3.8 The City shall continue to adopt and enforce regulations to require that commercial projects provide marginal access roads or cross access between sites, wherever practical, in order to minimize the need for trips on adjacent thoroughfares. " The provision for connectivity between this site and the developing mixed-use project to the north, across the Boynton Canal, will reduce travel distances and could minimize vehicle trips on Congress Avenue. This is an important design attribute given the project size and the magnitude of potential trips generated by the project. Section VIII. LAND USE PROBLEMS AND OPPORTUNmES, from the Support Documents of the Comprehensive Plan include specific directions for this property. In effect, those directions stated that since adequate commercially-zoned land exists to accommodate existing and projected demands, the property should be considered as a site for one or more major manufacturing plants. A major concern, as expressed in this recommendation, was the impacts on roads in the vicinity. The population growth alone may account for a need for increased commercial and residential development. The Palm Beach county population projections for 2010 and 2020 show growth rates which are substantially down from the 31 % over the last decade, but still fairly high (22% for 2000-2010 and 18% for 2010-2020). Boynton Beach, which grew at the same pace as the county between 1990 and 2000, is nearing buildout. However, the reevaluation of redevelopment activities, particularly in areas with proposed higher densities, has recently resulted in the upward adjustment of the projected growth rates for 2000-2010 and 2010-2020 for the city from 11% and 9%, to 17% and 13%, respectively. Also a study titled "Retail and Office Space and Land Sales Research Study" for the Motorola site, prepared by Land Reseach Management, Inc. in June of 2003 indicates that such increased demand for commercial space exists based on the low vacancy rates for the existing commercial development in the vicinity. Low demand for industrially zoned property has influenced the conversion of those properties to other uses. When no tenant could be found for the Motorola site, that property was redesignated for mixed use development. Likewise, as demand fell for industrial land in Page 7 File Number: LUAR 04-006 Boynton Village Quantum Park, a mixture of uses was approved for that property which includes residential, educational and commercial development. Other conversions of industrial lands have occurred in the Congress Avenue corridor at the southern part of the City. The requested amendment and rezoning will serve to offset the decrease in property tax revenues caused by the loss in existing industrial businesses such as Motorola and in future businesses through land conversion. These changing circumstances since adoption of the Comprehensive Plan in 1989 are factors that support the requested land use amendment and rezoning. Policy 5.3.4, found in the Recreation and Open Space Element of the Comprehensive Plan states the following: "The City shall continue to require the dedication of sufficient land for a neighborhood park site at the time that the following properties are rezoned or platted for residential use: Klatt Property, and the Sand & Sea Mobile Homes. If the need for public park acreage is not indicated at the above-mentioned time, a fee shall substitute the dedication of iand. Mandatory dedication is required when the public park is greater than 0.5 miles away." Maintenance of consistency with this policy is discussed below, under "Item d". 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 proposed rezoning would not create an isolated district, but would relate to the adjacent lands to the north, across the Boynton Canal. As stated above, it could also serve as a transition between the Congress Avenue right-of-way and existing commercial development to the west, and the single-family residential development to the east. The development regulations for the SMU zoning district contain restrictions on building heights and buffering requirements designed to lessen any negative impacts of SMU developments on existing, adjacent single-family developments. c. Whether changed or changing conditions make the proposed rezoning desirable. The population growth, cited in "Item a", is a changing condition that could proVide justification for the proposed rezoning. Also, the decreased demand for property designated for industrial uses, which was seen as an alternate development option in 1989, and the increase in residential development in the area, are changing conditions that must be considered. The City's adoption of regulations for mixed use development in the area west of I-95 is a bold new departure from past development practices, where each use was well-separated from one another. Mixed use development patterns have typically been confined to urban areas and the movement to extend their use to suburban areas is relatively recent and desirable. The addition of a Mixed Use-Suburban land use category will permit the development of communities that are pedestrian-friendly environments and gathering places for their residents. By providing opportunities for people to live, work and shop in the same area, there may also be a benefit in lessening impacts on roadways external to the community. Page 8 File Number: LUAR 04-006 Boynton Village d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Estimates prepared by the applicant show that total potable water demand will be approximately 439,005 gallons per day (gpd) and sewage flow demand will be approximately 359,12S (gpd), compared to 227,535 gpd for potable water and 184,023 gpd sewage flow, if the property developed at the current land use and zoning. More exact calculations of these demands will be made at the time of site plan approval; however, the Utilities Department has stated that additional demands for water and wastewater services will be adequately met by the planned capacity expansion of 5,000,000 gallons per day, via an interlocal agreement with Palm Beach County. The traffic impact analysis submitted by the applicant shows that the average daily trips generated by 588 single-family residential units under the existing land use designation would be 4,116. Under the proposed mixed use designation the average daily trips wouid equal 12,780; a net increase of 8,664 new trips. This would cause Gateway Boulevard and Old Boynton Road to drop from Level of Service "D" to "E", without improvements to these roadways. Congress Avenue would still operate at LOS "D". Traffic impacts were also evaluated in combination with that portion of the property proposed for Local Retail Commercial land use and C-3 zoning. The applicant's traffic engineer has stated that the proposed development will only meet all of the requirements of the Traffic Performance Standards of Palm Beach County if phasing of the development is linked to the County's programmed roadway and intersection improvements and those proposed by the traffic engineer; however, many of the cited improvements, which include widening Gateway Boulevard from four lanes to six lanes between Congress Avenue and High Ridge Road and widening Old Boynton Road from two lanes to five lanes between Boynton Beach Boulevard and Congress Avenue, would require an amendment to the Palm Beach County Five-Year Roadway Improvements Program (2003-2008) even though they may be included in the County's long- range transportation improvements plans. In addition, since some of these planned improvements may require acquisition of additional rights-of-way, their full implementation may be too costly to be practicable, particularly in instances where acquiring additional right-of-way would create non-conforming parcels for existing development. The list of improvements, below, is taken from the applicant's traffic impact analysis. Palm Beach County Traffic Engineering has not provided comments as to their sufficiency in meeting the Traffic Performance Standards Ordinance. They are listed below with summaries of their impacts on properties, as well as the status of the improvement on the County's Long-range Transportation Improvement Program: Old Boynton Road . Five (5) Laning from Congress A ve. to Boynton Beach Blvd. (Right-of-way for this improvement exists; however Palm Beach County has the majority of this improvement planned for 2016-2020. Removal of encroachments into the right- of-way will impact properties along the roadway. Rebuilding the bridge over the E-4 Canal is scheduled for 2006.) Page 9 File Number: LUAR 04-006 Boynton Village Congress Avenue . Six (6) Laning from Lantana Rd. to Hypoluxo Rd. (Planned for fiscal year 2005.) . Six (6) Laning from Maleluca Lane to Lantana Rd. (Planned for fiscal year 2006.) Intersection Phasing - Congress Ave/Gateway Blvd. . 6 Lane Gateway Blvd. from Congress A venue to 1-95 . Add Eastbound Right Turn Lane . Add Southbound Right Turn Lane . or CRALLS* (Right-of-way exists for 6 laning Gateway Blvd, or would have minor impacts on properties along the right-of-way. The additional turn lanes would impact properties on the west side of the intersection.) Intersection Phasing - Congress Ave/Old Boynton Road . Add Additional Northbound Dual Left Turn Lanes . Add Additional Eastbound Dual Left Turn Lanes . or CRALLS* (The additional right-of-way for the turn lanes would highly impact the commercial properies at this intersection.) Intersection Phasing -Old Boynton Rd/Boynton Beach Blvd. . Add Additional Southbound Dual Left Turn Lane (The additional right-of-way for the turn lane impacts the property at the southwest corner of the intersection.) * Constrained Roadway at Lower Level of Service (Palm Beach County adopts a CRALLS in its Comprehensive Pian. This action recognizes that it is not feasible to complete improvements necessary for the roadway to operate at the adopted Level of Service. Mitigation measures are required to offset the lower level of service.) The applicant has proposed a phasing schedule for the project, linking the issuance of building permits to the commencement of construction of the roadway improvements. This is only one scenario, and other scenarios could be developed as long as they meet the phasing trip thresholds. The most recent traffic impact analysis for the Boynton Village project, combined with the Boynton Town Center, was only presented to Palm Beach County on December 20, 2004. A response from the County is expected prior to the adoption hearing. While the Objections, Recommendations and Comments by DCA associated with the land use amendment have been satisfied by the applicant, the adoption of the rezoning for this project is conditioned on the applicant's complying with the requirements of the County's Traffic Performance Standards Ordinance. Unless the County's response is forthcoming prior to the adoption hearing, staff would recommend postponement of the adoption of the land use amendment and rezoning until adoption of the amendments proceeding under Round 1-2005. Page 10 File Number: LUAR 04-006 Eoynton Village The Police Department has utilized statistics from Cross Creek Plaza, a strip mall located at 1313 W. Boynton Beach Boulevard to project the service impacts of the small commercial uses proposed in the project. Over a three-year period, the number of businesses in the plaza ranged between 10 and 15 operating at anyone time. The statistical data indicated that businesses of a similar nature would generate approximately 81 calls for service. Likewise, statistical data from townhouses in the Sandalwood Community over a three-year period were used to project the impacts of the 1,120 proposed dwelling units, which is estimated at 988 calls per year. These demands coupled with those of the adjacent Boynton Town Center development indicate that an additional Uniformed Services patrol zone may have to be initiated and manned to provide police services to the residents and businesses on the site. This will require 4 additional police officers to man the new zone. Fire-Rescue indicates that increases in population density and commercial development also increase traffic congestion. Traffic light pre-emption for emergency vehicles is essential to maintaining desired response time. It is imperative that Fire Station #4 is completed and in service prior to completion and occupancy of these new projects, and that Fire Station #5 be expedited to insure adequate service delivery levels and effective response times in the northeast section of the City and as a backup in the northwest section of the City. Approval of new development projects involving multi-family or high-intensity commercial projects should be contingent upon consideration of future upgrades in emergency dispatch capability. Generally, Recreation and Open Space requirements are met in either of two ways: through payment of the Recreation and Parks Development Impact Fee based on an ordinance last amended in July 2002, or through land dedication based on a Comprehensive Plan standard of 6 acres per 1,000 population. In response to Comprehensive Plan Policy 9.C.3.4, cited above under "Item a", the City Commission has requested land dedication. The Recreation and Parks Department has determined that the Impact Fee for 1,120 residential units would equal approximately $784,000, based on 1,120 units (472 townhouse units) and 648 condominium units). To date, it has not been determined how this amount would convert to recreation acreage on the site; however, the dedication should not be counted toward the required "usable open space". Additionally, the Greenwavs/Blkewavs Plan calls for negotiation with developers to provide green space and bikeway linkages throughout the City. Per the plan's recommendation, a 25- foot wide bikeway is considered a minimum. As discussed in the Master Plan Overview, above, the developer has proposed a 40-foot wide greenway along the E-4 Canal right-of-way and a 2S-foot greenway along the C-16 Canal to link with the Renaissance Commons bikeways along these canals. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of site plan review, and must satisfy all requirements of the city and local drainage permitting authorities. Page 11 File Number: LUAR 04-006 Boynton Village 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. Compatibility has been discussed under "Item b". above. The development regulations for the SMU zoning district contain restrictions on building heights and buffering requirements designed to lessen any negative impacts of SMU developments on existing adjacent single-family developments. In addition, the E-4 Canal, situated between the proposed project and the single family neighborhood to the east, has a right-of-way 180 feet. The resulting development would generally have a positive effect on property values of adjacent and nearby properties. However, the roadway improvements, which have been suggested as necessary for the project to be built out as designed, will have a negative impact on some properties, as discussed under "Item d", above. There may be alternatives to the required road improvements considered, such as a "CRALLS" designation, that will not have the same impacts; or a decision may be made that the benefits of the completed project outweigh the general or isolated costs, particularly if the costs are not borne by a governmental entity. f. Whether the property is physically and economically developable under the existing zoning. The property is developable under existing land use designation and zoning. Given the magnitude of commercial uses along this segment of the Congress Avenue corridor, it is questionable if single-family residential development would be the most desirable use of the property or would best accommodate population growth, while at the same time representing the highest and best use ideally proportional service costs. 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 scale of the proposed mixed use development is such that it can meet the policy directions of the Comprehensive Plan, cited above under "Item a", by providing a mixture of homes, shops, and workplaces in walking distance of each other that are designed in a manner to be sensitive to the characteristics of the site and to surrounding land uses, and at the same time, keep a significant portion of the projected trips within the boundaries of the project. h. Whether there are adequate sites elsewhere in the city for the proposed use, In districts where such use is already allowed. Given the fact that the applicant is requesting a land use designation that is being considered concurrent with this request for land use amendment, there are no other sites currently available in the City with a Mixed Use-Suburban land use designation. There are no other sites in the City of similar size and location to provide this opportunity for a sizeable mixed use project. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; however, there will be impacts on infrastructure, particularly roadways that may require phasing Page 12 File Number: LUAR 04-006 Boynton Village of the project and the impacts of infrastructure improvements on selected properties in the area must be weighed against projected benefits to the City. In addition, the increase in property tax revenues, the additional housing opportunities, the recreation amenities, and the concentration of density near the City's commercial hub must be weighed against the decrease in Level of Service on Congress Avenue and the additional traffic on Old Boynton Road. The proposed land use amendment and rezoning 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, provided that the master plan, as required by the Suburban Mixed Use zoning regulations, is approved concurrently. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "D". ATTACHMENTS S:\Plannlng\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\LUAR 04-006\STAFF REPORT UPDATE.doc DCA OBJECTIONS ORIGINAL SOURCE RESPONSE (REVIEW AGENCY) Inconsistency with State Comprehensive Plan DCA Addressed by responding to policies dealing with capacity of infrastructure to other objections, concerns and support development and coordination of comments as listed transportation improvements with state, regional and local plans Lack of analysis for availability of public facilities SFWMD (potable Provided by developer's for the maximum development potential of the water facility capacity consultant sites (sufficient capacity to maintain adopted analysis) LOS) Lack of traffic analysis for the maximum FDOT (also: impact on Provided by developer's development potential ofthe sites (short- and long regional network and consultant term impact on adopted LOS), necessary road State Highway System) improvements CONCERNS/COMMENTS REVIEW AGENCY RESPONSE Uses permitted in SMU include only residential FDOT Adjusted comprehensive plan and conunercial, excluding other possibilities language to include (such as institutional, civic etc) "residential" and "non- residential" categories There is no explanation how the density and FDOT Adjusted comprehensive plan intensity of uses are calculated language to include the method of calculation There is no determination of the minimum FDOT Adjusted comprehensive plan densitylintensity for each use language to include minimum/maximum density and intensity for residential and commercial uses No policies promoting transit/transit-oriented FDOT Policies promoting transit and designs for SMU sites transit-oriented designs are being introduced in the Transportation Element in conjunction with the TCEA. Inconsistencies of road classifications between the FDOT Mistake on the part ofFDOT proposed BB map and PBC Future 2020 (admitted) Functional Classification of Roads map No FLUM amendments should be adopted before TCRPC The suggested roadway amendments are made to the PB County Five improvements are not in the Year Roadway Improvement Plan Dlan. The City should consider designating the entire TCRPC The City staff has made this property as SMU suggestion; the developer declined. DCA - Department of Community Affairs SFWMD - South Florida Water Management District FDOT - Florida Department of Transportation TCRPC - Treasure Coast regional Planning Council LOS -level of service Exhibit "e" 0<..... .om" G'\""OOO"'CJ.DO\~S""""_;WI ~SI'-_ D" Oll, 200. 1"'1... ~~ CM..<<..... ..~~.. "-'- ''''~-'~_.._...,....._----.._.__....':'::'..~,-''''''"":,,,.....~.. -. ...-"......- - '-...-.........L_"........_..._.<l&f !,. n[=--~.-''''''''''''fI'''~'-'.-..'' . '.-=) ----um~ m~ f nrfPI~ u~ {I' -,:-~.I.- I I -..., III... . ".".. ~ ~~ ~ t;l..( _ ~ 'I, I ~ ,p E II r I 8t.tU-PAACal 6~ ~ ~ Ii i II ~I:: Ie'" /~y~' I ----~fl JI",I \[ ,~ ~~ .~ III: III v ~ \,: :~~ :-11 ,;r III II: II. 1111 IiI I~h~ 'r\'~\ i~s~~ I ~g ,! I "I. it" 'I \ \ \ it: ~, 1'1 ) !! _~ ' , _ __J 1:" ~~~\F'; Ii ~ II '\ ~ \ ' \ I J~ 1.1 Ii : ! ei~!l \ \ \ f ~iU~ Ii. II I I 1 '~i~~ --\ \'\ ~" , I '11 ._~ " s :: ill II ill ,;)": ~\ " ~~~'~\.. '"~I I' I I ---J~----J I ~ II r~ \ 'il I i I I ! 1 '31, I, \ II.:.. 1'1 ! I i ~ ,.,11 'lffi1h I \,/. 1..1: ! II. I 1,111 ;i~u 11 : ~: I ~\ Ii.; I - mM~- 1101 \ ' ) '..1,1. ..... r \ \ \ -\, ;U~ \'v , ~ "\' , 1:11, i: I m \\\<:\ \ qi'l '\' II' I !':~ I:, I I \ \ ~ \ J II L-__~__ '0--"""'''-~ <"",-,~~~ '\~ -, ' , " II Ii '~""",, ~ ~" (\"~',, \:i\' I,':, : :~~;~~, ,~,,','~~~. '~""'~~~'::\~ L--------7J jill' ," I;'::"""""',""">', ,,'.::\,~~~~\ ( : Iii I! I~",,,,~~,,~~,~~~,,,~<,,<,,~~~ >",> ''''''''''0~'\i\\ ,"I ! II '" liil \~::! ~~~S~~::~~~~~"0~~~ 'wI ~ gl~ i ~ ' i1,1 "11 I:! ~~~~'~~~~~~~~. 3~~~~,' "'I ~~Ii~ ~ I : II I I """,,"'~.D' Z\,:\~::--: "::; I' ~: ~~~:00~~~~;~~~:\:~' ~\~~I s ~ ~I I'! W '~'~-:~' ;S~~0~~~~m' ~~~~~~~~ ""~" ,,' \ \~------------------ I "1 ,,':~>~;;.' """', , ~~-0::' >s \ \~L ,,' ~, fIll ~ ,~;.~ '~~,~~\ "~~0~~" ~"" :i \ "j=V ;1:1 I ;7 , !~II \;~~~~~'~~>~'~"'~~':;~~ "1! I ~. i III : r~1 """':'~:::;"~"\ ~,~~ _ -- _ _ _ _ _ _ _ __ _ I ~ ~~lr;~Tc~)1]i !I.I.!II' h~!"i ~ "i', ' "Ii I WPm! !I Ii "~'i ' ! ,"". i ~l.ij .1 P \. ~~~. .... Ijll!.l~ \. . " /.i';1 (~: ,\> 'iil! \/.-/ ~ i! . , \\../'-\'\ \, I \;~\ ".;, \ i \ 'y/ \\, . '\~ '~. \'\ '\ ~ Y A\ . ,\ 'y'. /\ \~ \ Y v 'i ;:: ! 'If BOYNTON VILLAGE UJ :::t~ ~~ DEVELOPER: 1J I ~j1 ~~ 1950CONGRESS AVENUE,l.l.C. llO'\'IjTONBtACH fl.ORD... SMU MASTER PLAN -"llillO""~"':""~p.(.~nKlrnley-tbn -..-.......,....._ ~u IIldAiladeles,~ ........ _ 5'~" ...ct.-_~~"'::..........':... -..- ~'''r_'''";.- -- -- lI>.1[ .V EXHIBIT "D" Conditions of Approval Project name: Boynton Village File number: LUAR 04-006 Reference: SMU DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: X 1. Provide a copy of a revised traffic analysis for this project. The traffic analysis shall include impacts associated with full build-out of the project. The provided analysis only considers Boynton Town Center and Boynton Village and should include all required off-site improvements. 2. Minimum right-of-way width for the spine road shall be no less than 100 X feet. The roadway classification for this roadway will be a Major Collector at build-out and thus the specified right-of-way width. 3. Please acknowledge that many of the off-site improvements referenced in X the Traffic Impact Analysis prepared by Pinder Troutman Consulting, Inc. will require acquisition of additional public right-of-way. Identify those areas and address resulting: imnacts to private properties. 4. Provide preliminary road layout to illustrate lane alignment at the X intersections of CongressiOld Boynton and Congress/Gateway. Include the roadway widening impacts to the Renaissance Commons Phase VI and show roadway re-configuration on Gateway Blvd. from Congress to Park Ridge Rd. 5. The developer shall provide a phased construction schedule based upon off X site roadway improvements necessary to support each particular phase. The phased construction schedule shall be based upon trips generated by each land use in each phase. UTILITIES Comments: 6. Please provide an accurate time line that clearly illustrates when water and X sewer services will be required to serve the proposed project. Your starting Conditions of Approval 2 I DEPARTMENTS [ INCLUDE I REJECT I date for the time line should be the date of City Commission approval. Also provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This time line will be used to determine the adequacy of water and wastewater treatment capacity for your project upon the project's comnletion, so nlease be as accurate as possible. 7. Provide calculations showing that the proposed water mains will support the X needed fire flows and demands. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. BUILDING DIVISION Comments: None X PARKS AND RECREATION Corrnnents: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 10. Tabulations demonstrating the oronosed numbers and tvoes of dwelling X DEPARTMENTS INCLUDE REJECT units, square footages of commercial, office and other uses should be shown on the individual parcels and tabular data of master plan. II. Master plan shows approximately 5 acres for open space concentrated at X southeast comer of project. Although individual site plans will be required to show full compliance with objectives/intent of SMU ordinance including requirements for useable open space, this area is considerably smaller than the total amount of use able open space required for the project. Either expand the proposed recreation area to represent a greater portion of the open space requirement, or alternatively, provide secondary open space where originally proposed between lake parcel and eastern terminus of the main street, and sized to at minimum provide for open vista to lake and small gathering place. Remainder of required opens space can then be represented, for example, by private recreation areas, the pedestrian greenway, qualified green spaces and urban gathering spaces all to be shown on the comprehensive site plan and individual site plans. 12. The 2nd traffic circle (easternmost) should be the prominent focal point. The X alignment of the north/south intersecting roadway should be straight through, as depicted on the westernmost traffic circle, providing ease of movement and clear vision through the intersection. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: I. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I I. To be determined. I I I S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center I\LUAR 04-006\SMU Master Plan\COA.doc EXHIBIT "B" ORC REPORT RESPONSES DCA OBJECTIONS OlUGINAL SOllRCE RESPONSE (REVIEW AGENCY) Inconsistency with State Comprehensive Plan DCA Addressed by responding to other objections, policies dealing with capacity of concerns and comments as listed infrastructure to support development and coordination of transportation improvements with state, regional and local plans Lack of analysis for availability of public SFWMD (potablc water Provided by developer's consultant facilities for the maximum development facility capacity analysis) potential of the sites (sufficient capacity to maintain adopted LOS) Lack of traffic analysis for the maximum FDOT (also: impact on Provided by developer's consnltant development potential of the sites (short- and regional network and long term impact on adopted LOS), State Highway System) necessary road improvements CONCERNS/COMMENTS REVIEW AGENCY RESPONSE Uses permitted in SMU include only FDOT Adjnsted comprehensive plan language to residential and commercial, excluding other include "residential" and "non-residential" I possibilities (such as institutional, civic etc) categories There is no explanation how the density and FDOT Adjusted comprehensive plan language to intensity of uses are calculated include the method of calculation There is no detennination of the minimum FDOT Adjusted comprehensive plan language to density/intensity for each use include minimurw'rnaximum density and intensity for residential and commercial uses No policies promoting transit/transit-oriented FDOT Policies promoting transit and transit-oriented designs for SMU sites designs are being introduced in the Transportation Element in conjunction with the TCEA. Also FDOT has stated that these can be addressed in a future amendment round. Inconsistencies of road classifications FDOT Mistake on the part ofFDOT (admitted) between the proposed BB map and PBC Future 2020 Functional Classification of Roads map No FLUM amendments should be adopted TCRPC The required roadway improvements are not before amendments are made to the PB in the County Five Year Roadway County Five Year Roadway Improvement Improvement Plan. Plan The City should consider designating the TCRPC Alternative to a land use designation, staff entire property as SMU will ensure that cOlUlectivity exists and, setbacks, architectural design, and colors are consistent between the two developments DCA - Department of Commumty Affans SFWMD - South Florida Water Management District FDOT - Florida Department of Transportation TCRPC - Treasure Coast regional Planning Council LOS - level of service ..r.... ... . ... , , . ' "~ XII. - LEGAL ITEM A.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meetin!! Dates in to City Clerk's Office Meetinl! Dates 0 December 7, 2004 November 15, 2004 (Noon.) 0 February I, 2005 0 December 21 , 2004 December 6, 2004 (Noon) ~ February 15, 2005 0 January 4, 2005 December 20, 2004 (Noon) 0 March I, 2005 0 January \ 8, 2005 January 3, 2005 (Noon) 0 March 15,2005 Date Final Form Must be Turned in to City Clerk's Office January 17,2005 (Noon) January 31,2005 (Noon) February 14, 2005 (Noon) .> 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report February 28, 2005 (No01U i -c"1 ,'1 cO I r0 -)--1 ~:,-< -:: :~) ")"'1 "~ ,:-::7 ,~ :,; ~; -'" _.,- C.>..) Ul --l ~-"l -llC;:J -.". fT1 .~-) .....,.. "\n ::x: RECOMMENDATION: Please place this request on the February 15,2005 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission tabled this request on February I, 2005 to allow for reprocessing of the legal notices. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-138. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Town Center (LUAR 04-007) Ruden, McCloskey, Smith, Schuster & Russell, P.A. Klatt Family Limited Partnership Northeast comer of Congress A venue and Old Boynton Road Request to amend the Comprehensive Plan Future Land Use Map from Moderate Density Residential (MoDR) to Local Retail CommerciaL Proposed use: Commercial retail development of :!:25.00 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: A1 /J:~~ /7 Develop~a~~r f<-tJ 7:. 4rf Planning and zoci1g . irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \LUAR 04-007\Agenda Item Request Boynton Village Town Ctr LUAR04- 007 2nd tabled amend 2-1-05.dot S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC r \).J~ J. ~.- City Manager's S alure - ---, '- 1 2 3 4 5 6 7 8 9 ORDINANCE NO. 04-041 10 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY CONSISTING OF APPROXIMATELY 25 ACRES AND LOCATED THE NORTHEAST CORNER OF THE INTERSECTION OF CONGRESS AVENUE AND OLD BOYNTON ROAD; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREIN; THE LAND USE DESIGNATION IS BEING CHANGED FROM MODERATE DENSITY RESIDENTIAL TO LOCAL RETAIL COMMERCIAL (LRC); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 11 12 13 14 15 16 17 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 20 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use 21 Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive 22 Planning Act; and 23 WHEREAS, the procedure for amendment of a Future Land Use Element of a 24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 25 WHEREAS, after public hearing and study, the City Cornmission deems it in the 26 best interest of the inhabitants of said City to amend the aforesaid Element of the 27 Comprehensive Plan as adopted by the City herein. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 29 CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 31 herein by this reference. 32 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 33 following: S:\CA\Ordinances\Planning\Land Use\Boynton Town Center (010705 lCev) .doc 1 That the Future Land Use ofthe following described land shall be designated as Local 2 Retail Commercial (LRC). Said land is more particularly described as follows: 3 See legal description attached hereto. 4 5 Subject to easements, restrictions, reservation and rights of way of record. 6 7 Said lands situate, lying and being in Palm Beach County, Florida. 8 9 Section 3: That any maps adopted in accordance with the Future Land Use Element shall 10 be amended accordingly. 11 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 12 Section 5: Should any section or provision of this Ordinance or any portion thereofbe 13 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 14 remainder ofthis Ordinance. 15 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 16 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 17 Land Development Regulation Act. No party shall be vested of any right by virtue of the 18 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges, 19 including appeals, are exhausted. In the event that the effective date is established by state law or 20 special act, the provisions of state act shall control. 21 FIRST READING this ~O day of J l.d~ ,2004. 22 S,\CA\Ordinances\Planning\Land Use\Boynton Town Center (010705 cev) .doc 1 SECOND, FINAL READING and PASSAGE this ~ day of Fe..b ((olMt 2005. CITY OF BOYNTON BEACH, FLORIDA 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ATTEST: 19 20 21 City Clerk 22 23 (Corporate Seal) 24 Mayor Vice Mayor Commissioner Commissioner Commissioner S,\CA\Ordinances\Planning\Land Use\Boynton Town Center (010705 rev) .doc LEGAL DESCRIPTION A parcel ofland being a portion of Lots 68, 69, 79 through 84, the abandoned road rights- of-way adjacent to said lots, Lake Bessie and the unnumbered lands adjacent to said Lake Bessie as shown on the plat of "PALM BEACH-MIAMI LAND AND DEVELOPMENT COMPANY SUBDIVISION OF SECTION 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST as recorded in Plat Book 7, Page 20 of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: COMMENCE at the Southwest comer of the Southwest One-Quarter (114) of said Section 20, Township 45 South, Range 43 East; THENCE on a grid bearing ofNOlo22'46"W along the West line of said Southwest One- Quarter (li4) of Section 20 a distance of 1222.48 feet to the centerline of Old Boynton Road; THENCE N89048'57"E along said centerline of Old Boynton Road a distance of 1990.49 feet to the Southerly extension of the West right-of-way line ofthe Lake Worth Drainage District E-4 Canal; THENCE NOoo41 '03"W along said Southerly extension a distance of 50.00 feet to a point on a line 50.00 feet North of and parallel with said centerline of Old Boynton Road; THENCE S89048'57"W along said parallel line a distance of826.94 feet to the POINT OF BEGINNING; THENCE continue S89048'57"W continuing along said parallel line a distance of 536.02 feet to a point on the East line of said Lot 79; THENCE NOl o22'46"W along said East line a distance of 1.00 feet to a point on a line 51.00 feet North of and parallel with said centerline of Old Boynton Road; THENCE S89048'57"W along said parallel line a distance of 528.12 feet; THENCE N45047'05"W a distance of 57.16 feet to a point on the East right-of-way line of Congress Avenue, said line also being 60.00 feet East of and parallel with said West line of the Southwest One-Quarter (114) of Section 20; THENCE NOl o22'46"W along said right-of-way line and parallel line a distance of 957.57 feet; THENCE N88037'14"E a distance of 962.36 feet to a point on the arc of a non-tangent curve concave to the Northeast, a radial line of said curve through said point having a bearing ofN69017'44"E; THENCE Southeasterly along the arc of said curve to the left having a central angle of 04025'] 6" and a radius of 1542.00 feet for an arc distance of 118.99 feet to a point of reverse curvature of a tangent curve concave to the West; THENCE Southeasterly and Southerly along the arc of said curve to the right having a central angle of23043'48" and a radius of 556.50 feet for an arc distance of 230.48 feet to a point of tangency; THENCE SOl 023'44"E a distance of74.24 feet to a point of curvature of a tangent curve concave to the West; THENCE Southerly along the arc of said curve to the right having a central angle of 06006'43" and a radius of 556.50 feet for an arc distance of 59.36 feet to a point of reverse curvature of a tangent curve concave to the East; THENCE Southerly along the arc of said curve to the left having a central angle of 23057'48" and a radius of 682.00 feet for an arc distance of285.24 feet to a point of reverse curvature of a tangent curve concave to the West; THENCE Southerly along the arc of said curve to the right having a central angle of 19003'47" and a radius of 556.50 feet for an arc distance of 185.15 feet to a point of tangency; THENCE SOO%%dll'03"E a distance of89.52 feet to the POINT OF BEGINNING; Said parcel ofland situate within the City of Boynton Beach, Palm Beach County, Florida, containing 24.419 Acres or. TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 04-138 Chairman and Members Planning and Development Board and City Commission n~ Dick Hudson, A\:tp Senior Planner.u . Il\ t,)V Michael W. Rump~ Director of Planning and Zoning June 14, 2004 Boynton Town Center I (LUAR 04-007) Amend the future land use designation from Moderate Density Residentail (MoDR) to Local Retail Commercial and rezone from R-l-AA Single-family Residential to C-3 Community Commercial. Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION Klatt Family Limited Partnership 1 and Klatt Enterprises, Inc. Boynton Beach Place, LLC/Kim Glas-Castro of Ruden, McClosky, et al. Northeast corner of the intersection of Congress Avenue and Old Boynton Road. (Exhibit "A") 25 acres Moderate Density Residential (MoDR) at 7.26 dwelling units per acre R-l-AA Single-family Residential Local Retail Commercial C-3 Community Commercial Commercial retail development Page 2 File Number: LUAR 04-007 Boynton Town Center I Adjacent Uses: North: Vacant property designated Moderate Density Residential (MoDR), zoned R-l-AA Single-family Residential and proposed to be reclassified to Mixed Use-Suburban. South: The right-of-way of Old Boynton Road, then a developed commercial center (Oakwood Plaza) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. East: Vacant property designated Moderate Density Residential (MoDR), zoned R-l-AA Single-family Residential and proposed to be reclassified to Mixed Use-Suburban. West: The right-of-way of Congress Avenue then commercial development (restaurants) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROPERTY OWNER NOTIFICATION Owners of property within 400 feet of the subject rezoning were mailed a notice of this request and hearing. Included in the mailing list was the Sky Lake Homeowners Association. To ensure optimal notification to potentially affected property owners, representatives of the Laurel Hills and Venetian Isles Homeowners Associations were also mailed separate notices despite the location of their properties being outside the 400 foot notification boundary. EXECUTIVE SUMMARY In the absence of requested information regarding traffic impacts, staff does not recommend approval of the requested land use amendment and rezoning; nevertheless: 1. The proposed rezoning will relate to the adjacent three quadrants of the intersection of Congress Avenue and Old Boynton Road, whereas the existing designation for single- family residentiai development might be viewed as contrary to the established land use pattern in the area; 2. There may be a probable need for additional retail commercial development in the Congress Avenue corridor to balance the residential development proposed within the vicinity; 3. The proposed commercial development may have a positive effect on the economic development of the City; however, if approved staff recommends a condition that commercial development on the site be limited to 250,000 sq. ft.; and, Page 3 File Number: LUAR 04-007 Boynton Town Center I 4. The proposed land use and zoning are complimentary to this segment of the Congress Avenue corridor, which has developed into a retail commercial core as recognized beyond the City's borders. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 25.00 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment is a part of the second amendment cycle for calendar year 2004. Adoption is anticipated for November 2004. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Reguiations, 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. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 In the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the Clty's risk manager. The planning department shall also recommend limitations or requirements, which would have to be Imposed on subsequent development of the property, In order to comply with policies contained In the comprehensive plan. The property is not located in the hurricane evacuation zone; therefore the cited policy is not applicable. Other Comprehensive Plan policies are applicable and reviewed below. Policy 1.19.6 of the Land Use Element reads: "The City shall not allow commercial acreage which is greater than the demand which has been projected. . . The City shall not allow commercial unless a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned property, and the commercial use would comply with all other applicable comprehensive plan policies." Section VIII. LAND USE PROBLEMS AND OPPORTUNmES, from the Support Documents of the Comprehensive Plan gave specific directions for this property. In effect, those directions stated that since adequate commercially-zoned land exists to accommodate existing and projected Page 4 File Number: LUAR 04-007 Boynton Town Center I demands, the property should be considered as a site for one or more major manufacturing plants. A major concern, expressed in the directions, was the impacts on roads in the vicinity. The population growth alone may account for a need for increased commercial development. The Palm Beach county population projections for 2010 and 2020 show growth rates which are substantially down from the 31 % over the last decade, but still fairly high (22% for 2000-2010 and 18% for 2010-2020). Boynton Beach, which grew at the same pace as the county between 1990 and 2000, is nearing buildout. However, the reevaluation of redevelopment activities, particularly in areas with proposed higher densities, has recently resulted in the upward adjustment of the projected growth rates for 2000-2010 and 2010-2020 for the city from 11% and 9%, to 17% and 13%, respectively. Also a study titled "Retail and Office Space and Land Sales Research Study" for the Motorola site, prepared by Land Reseach Management, Inc. in June of 2003 was not a full market study; however, it indicates that such increased demand for commercial space exists based on the low vacancy rates for the existing commercial development in the vicinity. Low demand for industrially-zoned property has seen the conversion of those properties to other uses. When no tenant could be found for the Motorola site, that property was redesignated for mixed use development. Likewise, as demand fell for industrial land in Quantum Park, a mixture of uses was approved for that property which includes residentiai, educational and commercial development. Other conversions of industrial lands have occurred in the Congress Avenue corridor at the southern part of the City. These changing circumstances since adoption of the Comprehensive Plan in 1989 are a factor in consideration of the requested land use amendment and rezoning. In developing the site plan for this property, the applicant should work with the developers of adjacent properties to implement, where appropriate, the following policy from the comprehensive plan: "Policy 1.3.8 The City shall continue to adopt and enforce regulations to require that commercial projects provide marginal access roads or cross access between sites, wherever practical, in order to minimize the need for trips on adjacent thoroughfares. FF The provision of connectivity between this site and the proposed mixed-use project to the north could serve to minimize the need for trips, particularly on Congress Avenue. 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 proposed rezoning would not create an isolated district, but would relate to the adjacent three quadrants of the intersection of Congress Avenue and Old Boynton Road and the concentration of retail commercial uses and centers along this segment of Congress Avenue. Rather, it is the existing designation as Moderate Density Residential that might be viewed as contrary to the established land use pattern in the area, particularly in view of the application Page 5 File Number: LUAR 04-007 Boynton Town Center I for land use amendment to Mixed Use-Suburban designation for adjacent property, being processed concurrently with this application. c. Whether changed or changing conditions make the proposed rezoning desirable. The population growth, cited in "Item a", is a changing condition that could make the proposed rezoning desirable. Also, the decreased demand for industrially-designated land, which was seen as an alternate development option in 1989, and the increase in residential development in the area, are changing conditions that must be considered. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The applicant has submitted estimates for water and sewer flows based on currently allowable residential development and the proposed commercial development. These estimates show that if the property develops as single-family residential, the demand for water will be 219,912 gallons per day (GPD) and 176,400 GPD sewer flow. Developed with retail commercial uses, the demands for each will be lowered to 31,250 GPD. The Utilities department has stated that the ability to provide adequate water and wastewater service should not be an issue. The traffic impact analysis submitted by the applicant shows that the average daily trips generated by 181 singie-family residential units under the existing land use designation would be 1,267; under the proposed commercia/land use designation the average daily trips would equal 7,434; a net increase of 6,171 new trips. This amendment alone would not lower the levels of service on surrounding roadways. Traffic impacts were also evaluated in combination with the concurrent applications for land use amendment and rezoning of the adjacent property. The applicant's traffic engineer has stated that the proposed development will only meet all of the requirements of the Traffic Performance Standards of Palm Beach County if phasing of the development is linked to the County's programmed roadway and intersection improvements and those proposed by the traffic engineer. However, many of the cited improvements, which include widening Gateway Boulevard from four lanes to six lanes between Congress Avenue and High Ridge Road, and widening Old Boynton Road from two lanes to five lanes between Boynton Beach Boulevard and Congress Avenue, would require an amendment to the Palm Beach County Five-Year Roadway Improvements Program (2003-2008). Absent any positive response from Palm Beach County with regards to additional data and analysis the Traffic Division has requested, staff cannot recommend approval of the requested land use amendment and rezoning. The Police Department has utilized statistical data for the Wal-Mart Super Center to assess the possible impacts from the super center proposed on the Boynton Town Center site. During construction of the Wal-Mart, there were 17 calls for service at the site and extra patrols were deployed to curb criminal activity. Data collected for each calendar year (January 1 to December 31) since Wal-Mart opened in January 2001 show the following: Page 6 File Number: LUAR 04-007 Boynton Town Center I YEAR TOTAL CALLS FOR SERVICE* TRAFFIC RELATED CALLS** 2001 568 89 2002 722 135 2003 809 219 * Shoplifting accounts for 50.8% of the total calls for service. *'" Traffic related calls included in total calls for service In addition to the super center, there will be smaller commercial uses as a part of the complex and in the adjacent Boynton Village mixed-use development. These businesses will generate approximately 81 calls per year. Coupled with the 1,120 dwelling units, also associated with the Boynton Village development, the data indicate that an additional Uniformed Services patrol zone may have to be initiated and manned to provide police services to the residents and businesses on the site. This will require 4 additional police officers to man the new zone. Fire-Rescue indicates that increases in population density and commercial development also increase traffic congestion. Traffic light pre-emption for emergency vehicles is essential to maintaining desired response time. It is imperative that Fire Station #4 is completed and in service prior to completion and occupancy of these new projects, and that Fire Station #5 be expedited to insure adequate service delivery levels and effective response times in the northeast section of the City and as a backup in the northwest section of the City. Approval of new development projects involving multi-family of high-intensity commercial projects should be contingent upon consideration of future upgrades in emergency dispatch capability. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County does not review non-residential projects for concurrency. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and locai 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. Compatibility of the project with surrounding uses is discussed under "Item b". Given that properties in the remaining quadrants of the Congress Avenue-Old Boynton Road intersection are developed with commercial uses, the development of this property in a similar manner will not affect property values negatively. f. Whether the property Is physically and economically developable under the existing zoning. The property is developable under existing land use designation and zoning. Given the commercial nature of existing development in this segment of the Congress Avenue corridor Page 7 File Number: LUAR 04-007 Boynton Town Center I and the changing circumstances cited in "Item a", it is questionable if single-family residential development would be the highest and best use of the property. 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 application states that the Boynton Town Center will contain 250,000 sq. ft. of retail commercial development. . This will have a positive effect on the economic development of the City through its contribution to property taxes, employment, and the support it provides being "an anchor" for other commercial businesses. Under the Local Retail Commercial land use designation, a floor area ratio (FAR) of up to 0.5 may be considered. This FAR would allow up to 544,500 sq. ft. of development. Development at this scale (above 400,000 sq. ft. of commercial uses) would necessitate review of the project as a Development of Regional Impact, and would be far beyond a scale related to the needs of the neighborhood. Staff recommends a condition that commercial development on the site be limited to 250,000 sq. ft. This would allow the development of the "Big Box" used in the traffic impact analysis, as well as several smaller uses. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use Is already allowed. There is little vacant land in the City designated Local Retail Commercial, and certainly no parcel approaching this size. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan, it may, however, create additional impacts on infrastructure, particularly the roadway network, that have not been anticipated in the Comprehensive Plan. The project may be compatible with adjacent land uses and may contribute to the overall economic development of the City. Therefore, staff does not recommend that the subject request be approved. If approval is considered, it should be with the conditions that the amendment and rezoning meets the County's Traffic Improvements Standards and that commercial development is limited to a maximum of 250,000 sq. ft. If the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Planning\SHAREO\WP\PROJECTS\Boynton Village-Boynton Town Center l\LUAR 04~007\STAFF REPORT NEW.doc ,,,1 I I I I , i -1 I , 1 i I I ' \ ' -O"D~olNT<(IN-RJ ^'~--T-~^ i ('! , , "., , , , ' ! 'T' I l , L i % o Z ell , -m I '? i". :I> ",lei;: ." , .-......'''-... ill 'e III , E ! __EH I 0 I 0 :::: ill ... III II: "I ..;;;; ill "-\I" o '"' -"", "0:;1 ~"""""'","',;,~" (i" I ..... I, ,"., ;. .~ ~ />~.? " ,\,', BOYNTON TOWN CENTER I LOCATION MAP Local Retail Commercial Industrial i '.) ! f, ''',', :' ";i~~~~,:1,~!1;11IQi~:?:1,:/':,'.:i:,'}~\'I~I'~i1~I'~ ;.j~.Iii."'i'i'.Iii..ii.ii..'i.'.lj.1 .................. i , ii' i i : , I " .: 'tiic,: /!1?ll!> ; IS";; i l~':' \~j~; ',I \'%' \.\~~y<: ~~+': " \ra-0i \\'i.'W;; \~ ~-;-'(\ \. " \ ~ ii~ i '; . I , : X'" F i::,',' : ~;t" i ! i . ! i i i i i i = i r-1_1_1_1_._._._._.l._I_.~ I BOYNTON TOWN ~I:IjITER I . LUAR 04-007 I I Local Retail com~erCial . ><00.__, I I · ;;"'lIIIlIIl_M1II111_..Ju-__ .aua..allalla.lallalla..a.,aIlJ I pmom,., .. '.. W+E S ., ... 'M.., CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meetin!?: Dates in to City Clerk's Office Meetine Dates 0 December 7, 2004 November 15, 2004 (Noon.) 0 February 1,2005 0 December 21, 2004 December 6, 2004 (Noon) IZl February 15, 2005 0 January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005 0 January 18,2005 January 3, 2005 (Noon) 0 March 15,2005 XII. - LEGAL ITEM A.4 Date Final Form Must be Turned in to City Clerk's Office January 17,2005 (Noon) January 31,2005 (Noon) , , :;..il February 14, 2005 (Noor~ o? February 28, 2005 (Noon) \ \",v ~? :::-j-.... ~-< -<.0 --<1 ') -nJ -,,::::J -< --- :).~ ;2 '~;~(D _i"T1 ;:J/ ';-nCl ::t: "n 0 Administrative 0 Development Plans (.) NATURE OF 0 Consent Agenda 0 New Business ')1 AGENDA ITEM --1 0 Public Hearing IZl Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the February 15, 2005 City Commission Agenda under Legal, Ordinance - Second Reading, The City Commission tabled this request on February I, 2005 to allow for reprocessing of the legal notices, For further details pertaining to the request, see attached Department of Development Memorandum No, PZ 04-138. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Town Center (LUAR 04-007) Ruden, McCloskey, Smith, Schuster & Russell, P.A Klatt Family Limited Partnership Northeast comer of Congress Avenue and Old Boynton Road Request to rezone from R-l-AA single family residential to C-3 Community Commercial. Proposed use: Commercial retail development of :!:25,00 acres, PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: N/A N/A N/A ~j, Develop ent pa City Manage Signature '~(J.~ Planning and Zonin Director City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\LUAR 04-007\Agenda Item Request Boynton Village Town Ctr LUAR04- 007 2nd tabled rezone2-1-05.dot S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM,DOC 1 ORDINANCE NO. 04-0&./8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF KLATT FAMILY LIMITED PARTNERSHIP I AND KLATT ENTERPRISES, INC., AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM R-l-AA SINGLE- FAMILY RESIDENITAL TO C-3 COMMUNITY COMMERCIAL; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 20 said City; and 21 WHEREAS, Klatt Family Limited partnership 1 and Klatt Enterprises, Inc., 22 owner of the property more particularly described hereinafter, and known as 23 Boynton Town Center, has heretofore filed a Petition, through its agent, Boynton 24 Beach Place, LLClKim Glas-Castro of Ruden, McClosky, et al. pursuant to Section 25 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, 26 Florida, for the purpose of rezoning a tract of land consisting of approximately 27 24.419 acres, said land being more particularly described hereinafter, from R-l-AA 28 Single-Family Residential to C-3 Community Commercial; and 29 WHEREAS, the City Commission conducted a public hearing and heard 30 testimony and received evidence which the Commission finds supports a rezoning S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton To\VTJ Center 1(010705 rev).doc 1 for the property hereinafter described; and 2 WHEREAS, the City Commission finds that the proposed rezomng IS 3 consistent with an amendment to the Land Use which was contemporaneously 4 considered and approved at the public hearing heretofore referenced; and 5 WHEREAS, the City Commission deems it in the best interests of the 6 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 7 set forth. 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 9 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 10 Section I. The foregoing Whereas clauses are true and correct and 11 incorporated herein by this reference. 12 Section 2. The following described land, located in the City of Boynton Beach, 13 Florida as set forth as follows: 14 15 See legal description attached hereto. 16 17 18 Subject to easements, restrictions, reservation and rights of way of record. 19 20 Said lands situate, lying and being in Palm Beach County, Florida. 21 22 be and the same is hereby rezoned from R-l-AA Single-Family Residential to C-3 23 Community Commercial. A location map is attached hereto as Exhibit "A" and made a 24 part of this Ordinance by reference. 25 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 26 accordingly. 27 Section 4: All ordinances or parts of ordinances in conflict herewith are S:\CA\Ordinances\Pla.,ning\Rezoning\Rezoning - Boynton Town Center 1(010705 rev).doc 1 hereby repealed. 2 Section 6: Should any section or provision of this Ordinance or any portion 3 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 4 not affect the remainder of this Ordinance. 5 Section 7. This ordinance shall become effective immediately upon passage. 6 FIRST READING this ~ day of JU.\i ,2004. SECOND, FINAL READING and PASSAGE this ~ day of Fe.brlltH'y.2005. CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 11 12 13 14 15 16 Mayor Vice Mayor 17 Commissioner 18 19 20 21 22 23 24 ATTEST: 25 26 27 City Clerk 28 29 (Corporate Seal) Commissioner Commissioner S:\CA \Ordinances\Planning\Rezoning\Rezonmg - Boynton Tovm Center 1(01 0705 rev).doc LEGAL DESCRIPTION A parcel ofland being a portion of Lots 68, 69, 79 through 84, the abandoned road rights- of-way adjacent to said lots, Lake Bessie and the unnumbered lands adjacent to said Lake Bessie as shown on the plat of "PALM BEACH-MIAMI LAND AND DEVELOPMENT COMPANY SUBDIVISION OF SECTION 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST as recorded in Plat Book 7, Page 20 ofthe Public Records ofPa]m Beach County, F]orida, said parcel being more particularly described as follows: COMMENCE at the Southwest comer of the Southwest One-Quarter (1/4) of said Section 20, Township 45 South, Range 43 East; THENCE on a grid bearing of NO 1 o22'46"W along the West line of said Southwest One- Quarter (1/4) of Section 20 a distance of 1222.48 feet to the centerline of Old Boynton Road; THENCE N89048'57"E along said centerline of Old Boynton Road a distance of ] 990.49 feet to the Southerly extension ofthe West right-of-way line of the Lake Worth Drainage District E-4 Canal; THENCE N0004] '03"W along said Southerly extension a distance of50.00 feet to a point on a line 50.00 feet North of and parallel with said centerline of Old Boynton Road; THENCE S89048'57"W along said parallel line a distance of 826.94 feet to the POINT OF BEGINNING; THENCE continue S89048'57"W continuing along said paralle] line a distance of 536.02 feet to a point on the East line of said Lot 79; THENCE NOl o22'46"W along said East line a distance of 1.00 feet to a point on a line 51.00 feet North of and paralle] with said centerline of Old Boynton Road; THENCE S89048'57"W along said paralle] line a distance of 528.]2 feet; THENCE N45047'05"W a distance of57.]6 feet to a point on the East right-of-way line of Congress Avenue, said line also being 60.00 feet East of and paralle] with said West line ofthe Southwest One-Quarter (1/4) of Section 20; THENCE NO] o22'46"W along said right-of-way line and paralle] line a distance of 957.57 feet; THENCE N88037']4"E a distance of962.36 feet to a point on the arc of a non-tangent curve concave to the Northeast, a radial line of said curve through said point having a bearing ofN690] 7'44"E; THENCE Southeasterly along the arc of said curve to the left having a central angle of 04025'16" and a radius of 1542.00 feet for an arc distance of 118.99 feet to a point of reverse curvature of a tangent curve concave to the West; THENCE Southeasterly and Southerly along the arc of said curve to the right having a central angle of23043'48" and a radius of556.50 feet for an arc distance of230.48 feet to a point of tangency; THENCE SOl 023'44"E a distance of74.24 feet to a point of curvature of a tangent curve concave to the West; THENCE Southerly along the arc of said curve to the right having a central angle of 06006'43" and a radius of 556.50 feet for an arc distance of 59.36 feet to a point of reverse curvature of a tangent curve concave to the East; THENCE Southerly along the arc of said curve to the left having a central angle of 23057'48" and a radius of 682.00 feet for an arc distance of285.24 feet to a point of reverse curvature of a tangent curve concave to the West; THENCE Southerly along the arc of said curve to the right having a central angle of 19003'47" and a radius of 556.50 feet for an arc distance of 185.15 feet to a point of tangency; THENCE SOO%%dll '03"E a distance of89.52 feet to the POINT OF BEGINNING; Said parcel ofland situate within the City of Boynton Beach, Palm Beach County, Florida, containing 24.419 Acres ie. BOYNTON TOWN CENTER I LOCATION MAP Local Retail Commercial o I ! ~ .CIl E o l.) ~ .~ .. ~ CIl II: ~ .. o .., ----.---.-------- .-.-..... BOYNTON TOWN CE LUAR 04-007 Local Retail Com erclal 25.00 acres Local Commercial '.~r ;, Y '''Fl'' Industrial ...........H......J .. ." W+E S - - ~ TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 04-138 Chairman and Members Planning and Development Board and City Commission n~ Dick Hudson, Akp Senior Planner , KI)V Michael W. Rumpf Director of Planning and Zoning June 14, 2004 Boynton Town Center I (LUAR 04-007) Amend the future land use designation from Moderate Density Residentail (MoDR) to Local Retail Commercial and rezone from R-l-AA Single-family Residential to C-3 Community Commercial. Property Owner: Applicant! Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION Klatt Family Limited Partnership 1 and Klatt Enterprises, Inc. Boynton Beach Place, LLC/Kim Glas-Castro of Ruden, McClosky, et al. Northeast corner of the intersection of Congress Avenue and Old Boynton Road. (Exhibit "A'j 25 acres Moderate Density Residential (MoDR) at 7.26 dwelling units per acre R-l-AA Single-family Residential Local Retail Commercial C-3 Community Commercial Commercial retail development Page 2 File Number: LUAR 04-007 Boynton Town Center I Adjacent Uses: North: Vacant property designated Moderate Density Residential (MoDR), zoned R-l-AA Single-family Residential and proposed to be reclassified to Mixed Use-Suburban. South: The right-of-way of Old Boynton Road, then a developed commercial center (Oakwood Plaza) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. East: Vacant property designated Moderate Density Residential (MoDR), zoned R-l-AA Single-family Residential and proposed to be reclassified to Mixed Use-Suburban. West: The right-of-way of Congress Avenue then commercial development (restaurants) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROPERTY OWNER NOTIFICATION Owners of property within 400 feet of the subject rezoning were mailed a notice of this request and hearing. Included in the mailing list was the Skv Lake Homeowners Association. To ensure optimal notification to potentially affected property owners, representatives of the Laurel Hills and Venetian Isles Homeowners Associations were also mailed separate notices despite the location of their properties being outside the 400 foot notification boundary. EXECUTIVE SUMMARY In the absence of requested information regarding traffic impacts, staff does not recommend approval of the requested land use amendment and rezoning; nevertheless: 1. The proposed rezoning will relate to the adjacent three quadrants of the intersection of Congress Avenue and Old Boynton Road, whereas the existing designation for single- family residential development might be viewed as contrary to the established land use pattern in the area; 2. There may be a probable need for additional retail commercial development in the Congress Avenue corridor to balance the residential development proposed within the vicinity; 3. The proposed commercial development may have a positive effect on the economic development of the City; however, if approved staff recommends a condition that commercial development on the site be limited to 250,000 sq. ft.; and, Page 3 File Number: LUAR 04-007 Boynton Town Center I 4. The proposed land use and zoning are complimentary to this segment of the Congress Avenue corridor, which has developed into a retail commercial core as recognized beyond the City's borders. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 25.00 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public hearing, a "Iarge-scaie" amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (aRC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the aRC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment is a part of the second amendment cycle for calendar year 2004. Adoption is anticipated for November 2004. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Deveiopment Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Pian 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. a. Whether the proposed rezoning wouid be consistent with applicable comprehensive plan poilcies including but not limited to, a prohibition against any increase in dweliing unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City'!; risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with poliCies contained in the comprehensive plan. The property is not located in the hurricane evacuation zone; therefore the cited policy is not applicable. Other Comprehensive Plan policies are applicable and reviewed below. Policy 1.19.6 of the Land Use Element reads: "The City shall not allow commercial acreage which is greater than the demand which has been projected. . . The City shall not allow commercial unless a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned property, and the commercial use would comply with all other applicable comprehensive plan policies." Section VIII. LAND USE PROBLEMS AND OPPORTUNmES, from the Support Documents of the Comprehensive Plan gave specific directions for this property. In effect, those directions stated that since adequate commercially-zoned land exists to accommodate existing and projected Page 4 File Number: LUAR 04-007 Boynton Town Center I demands, the property should be considered as a site for one or more major manufacturing plants. A major concern, expressed in the directions, was the impacts on roads in the vicinity. The population growth alone may account for a need for increased commercial development. The Palm Beach county population projections for 2010 and 2020 show growth rates which are substantially down from the 31 % over the last decade, but still fairly high (22% for 2000-2010 and 18% for 2010-2020). Boynton Beach, which grew at the same pace as the county between 1990 and 2000, is nearing buildout. However, the reevaiuation of redevelopment activities, particularly in areas with proposed higher densities, has recently resulted in the upward adjustment of the projected growth rates for 2000-2010 and 2010-2020 for the city from 11 % and 9%, to 17% and 13%, respectively. Also a study titled "Retail and Office Space and Land Sales Research Study" for the Motorola site, prepared by Land Reseach Management, Inc. in June of 2003 was not a full market study; however, it indicates that such increased demand for commercial space exists based on the low vacancy rates for the existing commercial development in the vicinity. Low demand for industrially-zoned property has seen the conversion of those properties to other uses. When no tenant could be found for the Motorola site, that property was redesignated for mixed use development. Likewise, as demand fell for industrial land in Quantum Park, a mixture of uses was approved for that property which includes residential, educational and commercial development. Other conversions of industrial lands have occurred in the Congress Avenue corridor at the southern part of the City. These changing circumstances since adoption of the Comprehensive Plan in 1989 are a factor in consideration of the requested land use amendment and rezoning. In developing the site plan for this property, the applicant should work with the developers of adjacent properties to implement, where appropriate, the following policy from the comprehensive plan: "Policy 1.3.8 The City shall continue to adopt and enforce regulations to require that commercial projects provide marginal access roads or cross access between sites, wherever practical, in order to minimize the need for trips on adjacent thoroughfares. FF The provision of connectivity between this site and the proposed mixed-use project to the north could serve to minimize the need for trips, particularly on Congress Avenue. 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 proposed rezoning would not create an isolated district, but would relate to the adjacent three quadrants of the intersection of Congress Avenue and Old Boynton Road and the concentration of retail commercial uses and centers along this segment of Congress Avenue. Rather, it is the existing designation as Moderate Density Residential that might be viewed as contrary to the established land use pattern in the area, particularly in view of the application Page 5 File Number: LUAR 04-007 Boynton Town Center I for land use amendment to Mixed Use-Suburban designation for adjacent property, being processed concurrently with this application. c. Whether changed or changing conditions make the proposed rezoning desirable. The population growth, cited in "Item a", is a changing condition that could make the proposed rezoning desirable. Also, the decreased demand for industrially-designated land, which was seen as an alternate development option in 1989, and the increase in residential development in the area, are changing conditions that must be considered. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The applicant has submitted estimates for water and sewer flows based on currently allowable residential development and the proposed commercial development. These estimates show that if the property develops as single-family residential, the demand for water will be 219,912 gallons per day (GPD) and 176,400 GPD sewer flow. Developed with retail commercial uses, the demands for each will be lowered to 31,250 GPD. The Utilities department has stated that the ability to provide adequate water and wastewater service should not be an issue. The traffic impact analysis submitted by the applicant shows that the average daily trips generated by 181 single-family residential units under the existing land use designation would be 1,267; under the proposed commercial land use designation the average daily trips would equal 7,434; a net increase of 6,171 new trips. This amendment alone would not lower the ievels of service on surrounding roadways. Traffic impacts were also evaluated in combination with the concurrent applications for land use amendment and rezoning of the adjacent property. The applicant's traffic engineer has stated that the proposed development will only meet all of the requirements of the Traffic Performance Standards of Palm Beach County if phasing of the development is linked to the County's programmed roadway and intersection improvements and those proposed by the traffic engineer. However, many of the cited improvements, which include widening Gateway Boulevard from four lanes to six lanes between Congress Avenue and High Ridge Road, and widening Old Boynton Road from two lanes to five lanes between Boynton Beach Boulevard and Congress Avenue, would require an amendment to the Palm Beach County Five-Year Roadway Improvements Program (2003-2008). Absent any positive response from Palm Beach County with regards to additional data and analysis the Traffic Division has requested, staff cannot recommend approval of the requested land use amendment and rezoning. The Police Department has utilized statistical data for the Wal-Mart Super Center to assess the possible impacts from the super center proposed on the Boynton Town Center site. During construction of the Wal-Mart, there were 17 calls for service at the site and extra patrols were deployed to curb criminal activity. Data collected for each calendar year (January 1 to December 31) since Wal-Mart opened in January 2001 show the following: Page 6 File Number: LUAR 04-007 Boynton Town Center I YEAR TOTAL CALLS FOR SERVICE* TRAFFIC RELATED CALLS** 2001 568 89 2002 722 135 2003 809 219 Shoplifting accounts for 50.8% of the total calls for service. ** Traffic related calls included in total calls for service * In addition to the super center, there will be smaller commercial uses as a part of the complex and in the adjacent Boynton Village mixed-use development. These businesses will generate approximately 81 calls per year. Coupled with the 1,120 dwelling unit." aiso associated with the Boynton Village development, the data indicate that an additional Uniformed Services patrol zone may have to be initiated and manned to provide police services to the residents and businesses on the site. This will require 4 additional police officers to man the new zone. Fire-Rescue indicates that increases in population density and commercial development also increase traffic congestion. Traffic light pre-emption for emergency vehicles is essential to maintaining desired response time. It is imperative that Fire Station #4 is completed and in service prior to completion and occupancy of these new projects, and that Fire Station #5 be expedited to insure adequate service delivery levels and effective response times in the northeast section of the City and as a backup in the northwest section of the City. Approval of new development projects involving multi-family of high-intensity commercial projects should be contingent upon consideration of future upgrades in emergency dispatch capability. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County does not review non-residential projects for concurrency. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. Compatibility of the project with surrounding uses is discussed under "Item b". Given that properties in the remaining quadrants of the Congress Avenue-Old Boynton Road intersection are developed with commercial uses, the development of this property in a similar manner will not affect property values negatively. f. Whether the property Is physically and economically developable under the existing zoning. The property is developable under existing land use designation and zoning. Given the commercial nature of existing development in this segment of the Congress Avenue corridor Page 7 File Number: LUAR 04-007 Boynton Town Center I and the changing circumstances cited in "Item a", it is questionable if single-family residential development would be the highest and best use of the property. 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 application states that the Boynton Town Center will contain 250,000 sq. ft. of retail commercial development. . This will have a positive effect on the economic development of the City through its contribution to property taxes, employment, and the support it provides being "an anchor" for other commercial businesses. Under the Local Retail Commercial land use designation, a floor area ratio (FAR) of up to 0.5 may be considered. This FAR would allow up to 544,500 sq. ft. of development. Development at this scale (above 400,000 sq. ft. of commercial uses) would necessitate review of the project as a Development of Regional Impact, and would be far beyond a scale related to the needs of the neighborhood. Staff recommends a condition that commercial deveiopment on the site be limited to 250,000 sq. ft. This would allow the development of the "Big Box" used in the traffic impact analysis, as well as several smaller uses. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There is little vacant land in the City designated Local Retail Commercial, and certainly no parcel approaching this size. CONCLUSIONSI RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan, it may, however, create additional impacts on infrastructure, particularly the roadway network, that have not been anticipated in the Comprehensive Plan. The project may be compatibie with adjacent land uses and may contribute to the overall economic development of the City. Therefore, staff does not recommend that the subject request be approved. If approval is considered, it should be with the conditions that the amendment and rezoning meets the County's Traffic Improvements Standards and that commercial development is limited to a maximum of 250,000 sq. ft. If the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\lUAR 04-007\STAFf REPORT NEW.doc -.... ~ .~ ~ e e Q o - .~ ~ ~ ll: - ~ U Q ... OLD BOYNTONRD Local BOYNTON TOWN CENTER I LOCATION MAP Local Retail Commercial 'l: (') o 'l: Cl ;;a m CIl '" l> <: m BOYNTON CANAL _.II..........Il....I........II.il.II....II.......Il! i ! i i . - i i - - i i . - i i - - i i - - i i - - i i - - i ~ - . i ~~ - ~~ i ~ ~ - \.'"' i -:. ~ \?'c. '- ?'t ~'l( .~ ~ ~ ~ . ! = r-._._._I_._I_._._._._._I~ I BOYNTON TOWN CEI'!lTER I LUAR 04-007 I I ;"lIIIIIIIYNnI'6I1IIIft~I.-H"""'I.U.I..II.II....II.II.II..'."" Local Retail Comrftercial 25.00 acres Industrial - .~ ~ = ~ .~ ~ ll: ~ 'Vi = ~ Cl ;: Q oi..I Commercial i Highifenslty Residential "'1'-1 "',---'----' '" ""'" W+E S w .~" . , XII. - LEGAL ITEM A.S CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meetine Dates in to City Clerk's Office Meetinl! Dates 0 December 7, 2004 November 15,2004 (Noon.) 0 February 1,2005 0 December 2\ , 2004 December 6, 2004 (Noon) ~ February 15, 2005 0 January 4, 2005 December 20, 2004 (Noon) 0 March 1, 2005 0 January 18, 2005 January 3, 2005 (Noon) 0 March 15,2005 Date Final Form Must be Turned in to City Clerk's Office January 17,2005 (Noon) January 31, 2005 (Noon) February 14, 2005 (Noon) ::'J ~~:,,3 ~.:~Q n , ,--OJ ''"'.'.".':) .( "." 0 Administrative 0 NATURE OF 0 Consent Agenda 0 AGENDA ITEM 0 Public Hearing ~ 0 Bids 0 0 Announcement 0 0 City Manager's Report '-:J February 28, 2005 (Nooo,1 "" rn cO I r'" Development Plans New Business Legal UnfInished Business Presentation Co>? U1 _J ":,....." "0 ~-:~:.::. _qC' _f'"l c;y- (nO :t: --'('I ~ RECOMMENDATION: Please place this request on the February IS, 2005 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission tabled this request on February I, 2005 to allow for reprocessing oflegal notices. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-134. EXPLANATION: PROJECT: Comprehensive Plan Text Amendments (CPTA 04-002) Suburban Mixed Use City-Initiated Request to amend Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use- Suburban land use category, providing for consistent zoning districts, allowed uses, density and intensity of development. OWNER: DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A r ~)a~'c.,l~ lanning and Zon' g irector City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECT \Boynton Village-Boynton Town Center l\CPTA 04-002\Agenda Item Boynton Village Town Ctr Znd reading tabled CPT A 04-00Z 2-1-05.dot S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC 19 20 21 22 23 24 , 25 26 27 28 29 30 31 32 33 Amen 1 ORDINANCE NO. 04 - Q!1q 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA AMENDING POLICY 1.16.1 OF 5 THE FUTURE LAND USE ELEMENT BY ADDING 6 A MIXED USE-SUBURBAN (MX-2*) LAND USE 7 CATEGORY; PROVIDING FOR CONSISTENT 8 ZONING DISTRICTS, ALLOWED USES, 9 DENISITY AND INTENSITY OF DEVELOPMENT; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, 11 AND AN EFFECTIVE DATE. 12 13 WHEREAS. the City Commission of the City of Boynton Beach, Florida 14 ("City") has adopted a comprehensive plan and as part of said plan, adopted Policy 15 1.16.1, pursuant to Ordinance 89-38 in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, after public hearing and study, the City Commission deems it to be 18 In the best interest of the inhabitants of the City to amend the text of the City's Comprehensive Plan by amending Policy 1.16.1, as provided herein; and WHEREAS, it is the recommendation of staff that a text amendment to Policy 1.16.1 be made to add a Mixed Use-Suburban (MX-S) land use category, to provide for consistent zoning districts, allowed uses, density and intensity of development; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Objective 1.16 of the Comprehensive Plan shall be amended by adding the words and figures in underlined type, to read as follows: Policy 1.16.1 The City shall continue to adopt and/or revise regulations to continue to enforce zoning regulations, which, unless provisions are made for 'Scrivenor's error should correctly be (MX-S) C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKD1\Mixed Use-Suburban Text ent 71204 rev011205.doc 1 otherwise in the Problems and Opportunities section of this element, shall 2 correspond to the Future Land Use Plan in accordance with the following 3 descriptions ofland use categories... 4 5 Mixed Use-Suburban: This land use category shall onlv be applicable to lands located 6 west ofI-95, and shall consist of the SMU Suburban Mixed Use zoning districts and/or 7 anv zoning district(s) which mav be established in the future provided that the 8 abovementioned zoning districts are shown on the Future Land Use Map within the 9 Mixed Use-Suburban land use category. 10 II The land use category allows for a diversitv of land uses and accommodates and 12 encourages a mixture of uses. which mav be arranged either verticallv or horizontal Iv 13 along maior arterial roadwavs. All land development located in the Mixed Use- 14 Suburban category shall be required to submit a master plan that includes a unified plan 15 of development for the proiect. which encourages svnergv between proposed uses. 16 promotes pedestrian or multi-modal linkages, maximizes usable open spaces and public 17 spaces, and establishes design obiectives for the proiect. 18 19 The uses allowed in this land use category shall be limited to, but shall not necessarilv 20 include the following: 21 22 All uses located in the Local Retail Commercial land use categorv and all uses located 23 in the High Densitv Residential Land Use Category. Residential densities UP to 20 24 dwelling units are permitted. A maximum Floor Area Ratio (FAR) UP to 1.0 is 25 permitted for all non-residential uses. exclusive of parking structures. throughout the 26 Mixed Use-Suburban land use category. Densitv and FAR shall be calculated based 27 upon the grOSS acreage. 28 29 The following percentages, calculated as a percentage of the net area, shall be met in 30 designing the mixture of uses: 31 32 High Densitv Residential: 30%-70% 33 Local Retail Commercial (including office development): 30%-70% 34 35 In calculating the net area, roadwav areas. parks. drainage, wetlands, or recreation tracts 36 shall be excluded. 37 38 39 The mix of uses proposed for anv land development located in the Mixed Use- 40 Suburban category shall be reviewed for aesthetics. design quality and phvsical 41 compatibility with adiacent land uses: and shall conform to anv adopted design 42 plan( s) for the area covered bv the category. 43 C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Fifes\OLKD1\Mixed Use-Suburban Text Amen eot 71204 rev011205.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Section 2. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 3. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder ofthis Ordinance. Section 4. This Ordinance shall become effective immediately. FIRST READING this ~ day of July, 2004. SECOND, FINAL READING AND PASSAGE this 15' day of Fe.\:!rfIl'lN, 2005. , CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKD1\Mixed Use-Suburban Text Amen ent 71204 rev011205.doc DEVELOPMENT DEPARTMENT PLANNING 8< ZONING DIVISION MEMORANDUM NO. PZ 04-134 UPDATED TO: Chairman and Members Planning and Develop.men FROM: Dick Hudson, Sen' , THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: JUAC 10, 2001 January 4, 2005 SUBJECT: Mixed Use-Suburban (CPTA 04-002) INTRODUCTION The proposed text amendment is requested by Ruden, McClosky, et al. on behalf of Boynton Beach Place, LLC and would amend Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use-Suburban (MX-S) land use category, provide for consistent zoning districts, allowed uses, density and intensity of development. The MX-S land use designation is proposed for portions of the two parcels of land located in the northeast quadrant of the intersection of Congress Avenue and Old Boynton Road; however, the designation could be applied to other lands in the City located west of I-9s that meet the requirements of the code. PROCEDURE A text amendment to the Comprehensive Plan is defined by Florida Statutes as a "large-scale" amendment, and is restricted to the twice-yearly adoption schedule. Large-scale amendments approved by the City are forwarded to the Florida Department of Community Affairs (DCA) for review and comment prior to adoption. This text amendment is a part of the second round of amendments for calendar year 2004. Adoption of this round is tentatively scheduled for November. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT Currently, the Mixed Use land use designation is intended for application within the City's downtown and Community Redevelopment Area. The proposed sub-category will establish a mixed use designation for the areas of the City west of I-9s. The proposed Mixed Use-Suburban designation promotes a mixture of land uses, arranged either vertically or horizontally, within a single project, and must be guided by a development plan for the project that includes a single unified design. To be considered for land use amendment to this designation, the property must front on an arterial roadway. The designation allows residential densities up to 20 dwelling units per acre (dujac) and up to 1.0 Floor Area Ratio (FAR) for non-residential/mixed use structures. Parking structures are excluded from FAR calculations. Page 2 File Number: CPTA 04-002 Mixed Use-Suburban PROPOSED TEXT (with proposed changes shown in underlined text) Policy 1.16.1 The City shall continue to adopt and/or revise regulations to continue to enforce zoning regulations, which, unless provisions are made for otherwise in the Problems and Opportunities section of this element, shall correspond to the Future Land Use Plan in accordance with the following descriptions of land use categories. . . Mixed Use-Suburban: This land use cateaorv shall on Iv be aoolicable to lands located west of I- 95. and shall consist of the SMU Suburban Mixed Use zonina districts andlor anv zoning district(s) which mav be established in the future orovided that the abovementioned zonina districts are shown on the Future Land Use Map within the Mixed Use-Suburban land use cateaorv . The land use categorv allows for a diversity of land uses and accommodates and encouraaes a mixture of uses. which mav be anranaed either verticallv or horizontallv alona maior arterial roadwavs. All land develooment located in the Mixed Use-Suburban cateaorv shall be reauired to submit a olan that includes a sinale unified olan for the oroiect. which encouraaes svnergv between orooosed uses. oromotes oedestrian or multi-modal Iinkaaes. maximizes usable ooen soaces and oublic spaces. and establishes desian obiectives for the oroiect. The uses allowed in this land use cateaorv shall be limited to. but shall not necessarilv include the followina: All uses located in the Local Retail Commercial land use cateaorv and all uses located in the Hiah Density Residential Land Use Cateaorv. subiect to desian reauirements and oerformance standards contained in the Land Develooment Reaulations: however. residential densities uo to 20 dwellina units oer acre (based on the aross acreaae of the oroiect) are oermitted. A maximum Floor Area Ratio (FAR) uo to 1.0 (based on the aross acreaae of the oroiect) mav be considered for all uses. exclusive of oarkina structures. throuahout the Mixed Use-Suburban land use cateaorv. Land use activities shall be illustrated on the master olan and are oermissible accordina to the followina ranaes. exoressed as a oercentaae net area in this olan cateaorv, which does not include areas dedicated solelv to roadwavs. drainaae or recreation tracts. The oercentages shall reauire develooment with a mixture of such uses. For a oroiect containina 100% vertical mixed use: Residential Non-residential 15%-85% 15%-85% In all other oroiects: Minimum net land area of 10% must be vertical mixed use: and. Maximum net land area of 80% can be single-use residential: and. Maximum net land area of 20% can be single-use commercial. Page 3 File Number: CPTA 04-002 Mixed Use-Suburban The cumulative develooment in these areas shall be monitored with each site olan to ensure that the prooortion of mixed uses is maintained. The mix of uses orooosed for anv land develooment located in the Mixed Use-Suburban cateqorv shall be reviewed for aesthetics. desiqn qualitv and ohvsical comoatibilitv with adjacent land uses; and shall conform to anv adooted desiqn olan(s) for the area covered by the cateqory. ANALYSIS The suburban development pattern of the City of Boynton Beach west of I-95 provides for uses to be well-separated from one another. The distances between the various uses have forced the population to be increasingly more dependent on the automobile. Mixed use development patterns have typically been confined to urban areas and the movement to extend their use to suburban areas is relatively recent and desirable. The addition of a Mixed Use-Suburban land use category will permit the development of communities that are pedestrian-friendly environments and gathering places for their residents. By providing opportunities for people to live, work and shop in the same area, there may also be a benefit in lessening impacts on roadways externai to the community. The addition of a Mixed Use-Suburban future land use category will support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area. RECOMMENDATION Staff recommends the adoption of the proposed text amendment to provide for a Mixed Use- Suburban land use category in the City of Boynton Beach Comprehensive Plan. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\CPTA 04-002\STAFF REPORT CPTA.doc Ranges of Allowable Percentages of Land Use Within the Area: Residential: 30%-70% Commercial (including office development): 30%- 70% The cumulative development in these areas shall be monitored annually to ensure that the proportion of mixed uses is maintained. A Floor Area Ratio (FAR) up to 4.0 may be considered for all uses, exclusive of parking structures, throughout the Mixed Use Core land use category. For the Mixed Use-Core area east of Federal Highway within the Hurricane Evacuation Zone, while the residential density within a development may be up to 80 dwelling units per acre, the overall density for the Mixed Use-Core area east of Federal Highway shall not exceed 40 dwelling units per acre. All land development located in the Mixed Use-Core category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design planes) for the area covered by the category. Mixed Use-Suburban: This land use category shall only be applicable to lands located west of 1-95, and shall consist of the SMU Suburban Mixed Use zoning districts and/or any zoning district(s) which may be established in the future provided that the abovementioned zoning districts are shown on the Future Land Use Map within the Mixed Use-Suburban land use category. The land use category allows for a diversity of land uses and accommodates and encourages a mixture of uses, which may be arranged either vertically or horizontally along major arterial roadways. All land development located in the Mixed Use- Suburban category shall be required to submit a master plan that includes a unified plan of development for the project, which encourages synergy between proposed uses, promotes pedestrian or multi-modal linkages, maximizes usable open spaces and public spaces, and establishes design objectives for the project. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: All uses located in the Local Retail Commercial land use category and all uses located in the High Density Residential Land Use Category. Residential densities up to 20 dwelling units are permitted. A maximum Floor Area Ratio (FAR) up to 1.0 is permitted for all non-residential uses, exclusive of parking structures, throughout the Mixed Use-Suburban land use category. Density and FAR shall be calculated based upon the gross acreage. City of Boynton Beach Comprehensive Plan Amendments 04-2 1-21a Date: January 18, 2005 Future Land Use Element Ordinance No. 04-049 The following percentages, calculated as a percentage of the net area, shall be met in designing the mixture of uses: High Density Residential: 30%-70% Local Retail Commercial (including office development): 30%-70% In calculating the net area, roadway areas, parks, drainage, wetlands, or recreation tracts shall be excluded. The mix of uses proposed for any land development located in the Mixed Use- Suburban category shall be reviewed for aesthetics, design quality and physical compatibility with adjacent land uses; and shall conform to any adopted design plan(s) for the area covered by the category. General Commercial: This land use category shall consist of all C-4 General Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development districts, which are similar in character to the C-4 district, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the General Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: All uses allowed in the Local Retail Commercial land use category, plus wholesale of non-hazardous commodities, business services, vehicle and boat storage; household storage; shops for fabrication, rebuilding, and repair on a custom basis. A Floor Area Ratio (FAR) up to 0.50 may be considered for general commercial uses Industrial: This land use category shall consist of all M -I and Planned Industrial Development zoning districts, and any other industrial zoning districts which may be established, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Industrial land use category The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Industrial uses, research and development, wholesale and distribution, business and repair services, warehousing and storage; transportation, communication, and utility facilities, retail sale of City of Boynton Beach Comprehensive Plan Amendments 04-2 1-21b Date: January 18, 2005 Future Land Use Element Ordinance No. 04-049 XII. - LEGAL ITEM A.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission MeetinQ Dates in to City Clerk's Office Meetinl! Dates 0 December 7, 2004 November 15,2004 (Noon.) 0 February I, 2005 0 December 21, 2004 December 6, 2004 (Noon) [gJ February 15, 2005 0 January 4, 2005 December 20, 2004 (Noon) 0 March 1,2005 0 January 18,2005 January 3, 2005 (Noon) 0 March 15,2005 Date Final Form Must be Turned in to City Clerk's Office January 17, 2005 (Noon) January 31, 2005 (Noon) February 14, 2005 (Noon) -, 0 0 r"il Administrative Development Plans :..:0 0 0 I NATURE OF Consent Agenda New Business [J AGENDA ITEM 0 Public Heariug [gJ Legal "1, 0 0 _."-. Bids UnfInished Business c,) 0 Announcement 0 Presentation (.'1 0 City Mauager's Report -...J February 28, 2005 (Noon) :") o ':J-1 ~:::i-< --:0 (")"il '-':.""J --;/.,/ n CJ ..,.... --;1:::- -;1..;0 ._fTl f'-) > [T' '" :r: RECOMMENDATION: Please place this request on the February 15, 2005 City Commissiou Agenda under Legal, Ordinance - Secoud Reading. The City Commission tabled this request on February 1, 2005 to allow for reprocessiug of the legal notices. For further details pertaining to the request, see attached Departmeut of Development Memoraudum No. PZ 04-163. EXPLANATION: PROJECT: OWNER: DESCRIPTION: Transportation Concurreucy Exception Area (TCEA) (CPT A 04-003) City-initiated Request to amend existing aud add new Objectives aud Policies in the Transportation Element designating a portion of the Conununity Redevelopment Area as Transportatiou Concurreucy Exception Area (TCEA) to facilitate development and redevelopmeut of properties located withiu the TCEA. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Developmen .~ /~i .~. Planniug aud Zoum Drrector CIty Attorney / Fmance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CPTA\04_003 TCEA\Agenda Item Request Transport Concurrency TCEA CPTA 04-003 tabled 2~1-05.dot N/A N/A N/A =-u.1L J~. -_ City Manager ignature S,IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC I ORDINANCE NO. 04-058 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA APPROVING THE PROPOSED 5 AMENDMENT TO THE FUNCTIONAL 6 CLASSIFICATION OF ROADWAYS MAP IN THE 7 SUPPORT DOCUMENTS FOR THE 8 TRANSPORTATION ELEMENT OF THE 9 COMPREHENSVIE PLAN; PROVIDING FOR 10 CONFLICTS, SEVERABILITY, AND AN II EFFECTIVE DATE. 12 13 WHEREAS, the existing Functional Classification of Roadways Map 14 (Figure 4) attached as Exhibit "A" in the Transportation Element support 15 docwnents was amended with the EAR related amendments in June 2000; and 16 WHEREAS, the map was based on the Palm Beach County Functional 17 Classification Map from 1996. however since that time the County's map has 18 been updated using a different legend than that used in earlier versions of the 19 map; and 20 WHEREAS, staff is also recommending the addition of two local streets 21 to be designated "Local Collector" roadways, a classification that does not 22 appear on State or County maps since the designation of Local Collector roads is 23 a prerogative of the City, and those two streets are Southeast 4th Street between 24 Boynton Beach Boulevard and Southeast lih Avenue, and Martin Luther King 25 Junior Boulevard between Federal Highway and Seacrest Boulevard; (see 26 Exhibit "B"); and 27 WHEREAS, the designation of these two roadways will support redevelopment 28 through implementation of redevelopment plans and future rezoning of parcels 29 fronting on these roadways to the Mixed Use-Low Intensity zoning district will S:\CA\Ordinances\Planning\Amdment to Map - Transportation Element.doc allow redevelopment of these properties to occur at a maximum of forty-five feet 2 (45') in height and up to twenty dwelling units per acre; and 3 WHEREAS, this intensity of development is consistent with adopted 4 redevelopment plans for the areas and is not intended for parcels with frontage 5 on local streets; and 6 WHEREAS, staff recommends approval of the proposed amendment tot 7 the Functional Classification of Roadways Map (Figure 4), found in the Support 8 Documents for the Transportation Element of the Comprehensive plan. The 9 amendments to the map utilize the same designations used by Palm Beach 10 County and the designation of two segments of roadways as "Local Collector" 11 roads will enable redevelopment of two areas of the City consistent with adopted 12 redevelopment plans. 13 NOW THEREFORE, BE IT ORDAINED BY THE CITY 14 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, 15 THAT: 16 Section I. The foregoing Whereas clauses are true and correct and are 17 now ratified and confirmed by the City Commission. 18 Section 2. That the Functional Classification of Roadways Map, 19 found in the Support Documents for the Transportation Element of the 20 Comprehensive Plan is hereby amended to utilize the same designations used by 2] Palm Beach County and the designation of two segments of roadways as "Local 22 Collector" roads to enable redevelopment of two areas of the City consistent 23 with adopted redevelopment. S:\CA\Ordinances\Planning\Amdment to Map - Transportation Elernent.doc Section 3. All laws and ordinances applying to the City of Boynton 2 Beach in conflict with any provisions of this Ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any 3 4 portion thereof be declared by a court of competent jurisdiction to be invalid, 5 such decision shall not affect the remainder ofthis Ordinance. 6 Section 5. This Ordinance shall become effective immediately. 7 FIRST READING this aO day of July, 2004. 8 9 SECOND, FINAL READING AND PASSAGE this J5 day of 10 Februa.rf2005. 11 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor 16 17 18 Vice Mayor 19 20 21 Commissioner 22 23 24 Commissioner 25 26 27 Commissioner 28 ATTEST: 29 30 31 City Clerk 32 33 34 35 S:\CA\Ordinances\Planning\Amdment to Map - Transportation Element.doc I~J I I~ ~I I I~~\ I ~ I 'i! j I /~I ! I. /1/ ~ II l ~I/~I : ~ -/ I 1/. . . J ;;j.' - I &slll-aj CM '/ I /. 1 '1 I f. . ;1 ~ I I'I~I I .. . /. 1 "/ - I II' . i I Cll HYPOLUXO ~ eM 15 Ii ~ '" i !i! &so --u u u u Ii! I llH!ll III __L __ MINOt JlD CC C l:i <. Z2 AVE M CC u u e -if i5 x .. u lUJ BOYlIltfl Rl CC CC IUD Sl4 DC Sl4 Sll Sll BDYlilll'l: B CH SH i! i i i5 u XOOLBAI6HT FO ~ II! Itl u u w > ... CC CC 13 AYE S --' Ii! II I )I AVI CC fj LEIEHD Cll EXHIBIT "A" ~ ~ ~ " <<::! " ..., " ~ ~ 'J " ~ ID ~T. ScoI. SP - STATE PRINCIPAL ARTERIALS Sll - STATE MINOR ARTERIALS Cll - ClUfTY MINOR ARTERIALS CC - ClUfTY CCUE~ORS SOURCE: 1996 Compo Plan E.A.R. C - CITY Cll.u~ORS _ L - lOCAL ClUEntm - HOT QI STATE CUSSIFICATlll'l BOYNTON BEACH COMPREHENSIVE PLAN LaruePIanning& Management Services, Inc. Functional Classification of Roadways Fort Myers, Florida, 2000 . FIGURE 4 L J ._J r----.--- I I I i L_.~.._.___.._____. I .. L.._J ! II EXHIBIT "B" ......N --.1 ! z Lrl . .__~-' L.. IHIIN :1 ! "7 ( I i Jr B~d I ; i z o :1 ! II ~ i! ~ lI-IIIN I s RD AV c li . n o z , ~ e I: $ J f LEGEND u. ..AII.....nc/pIII_ .I_.toot.. U...AO:.............I_I._ U . MIN: Minor _.. U. COLL: CoII_ L. Local ColI_... _ on._ CI_tlon w+ o "ti.1.7lKl 3_ 5.100 6.8l\ll... 80YNTON 8EACH COMPREHENSIVE PLAN FUNCTIONAL CLASSIFICAnON OF ROADWAYS 2000.2010 FIGURE 4 DEVELOPMENT DEPARTMENT PLANNING 8r. ZONING DMSION MEMORANDUM NO. PZ 04-163 TO: Chair and Members Community ~ex;!?pment Agency Board Dick HUdso~ar Planner MIchael W. Rump~~ Director of Planning and Zoning FROM: THROUGH: DATE: SUBJEcr: June 30, 2004 Transportation Concurrency Exception Area (CPTA 04-00.l) INTRODUCTION Over the past several years, the Community Redevelopment Agency (Agency) has initiated several redevelopment plans with the intent to build a livable, SustaInable community and provide a catalyst for redevelopment and growth within the Community Redevelopment Area (CRA). The redevelopment plans promote and increased residential densities and commercial Intensities in an integrated mix of land uses that enhance non-automobile modes of travel. Even so, we are aware that the redevelopment plans will ultimately generate additional vehicular traffic impacts on the transportation network in the downtown and surrounding areas. These Impacts could severely limit the redevelopment potential of the downtown. The establishment of a Transportation Concurrency exception Area (TCEA) for a portion of the CRA (see Exhibit "C'1 will give the City and the Agency an essential tool to meet the goals of Infill development and redevelopment while minimizing the negative consequences of transportation concurrency. The TCEA designation is being pursued under the requirements of Rule 9J-s.0055(6)(a)2, Florida Administrative Code, as a specific geographic area delineated in the Comprehensive Plan for an urban redevelopment area containing not more than forty percent (40%) developable vacant land. The amendments to existing goals, objectives and policies and additions of new objectives and policies have been developed to proVide a set of strategies and recommendations to manage traffic operations, maintaIn mobility options and support redevelopment in and around the TCEA and the City's Community Redevelopment Area. While the establishment of a TCEA exempts projects within the delineated area from the requirement of meeting traffic concurrency, It also sets limits on the amount of development that will be allowed (Policy 2.1.8). In addItIon, there are requirements for periodic monitoring and requires specific actions to correct any negative effects the TCEA desIgnation may have on mobility, such as establishing a local circulator system to augment the County's public transit service. Page 2 File Number: CPTA 04-003 Transportation Concurrency exception Area PROCEDUI\E In October 20031 the City of Boynton Beach petitioned Palm Beach County to amend the Transportation Element of the County's Comprehensive Plan In order to recognize a TCEA In the City's Community Redevelopment Area. Those amendments were approved by the County Commission and transmitted to the Florida Department of Community Affairs (DCA) In early April 2004. This Is the City's first opportunity to amend Its Comprehensive Plan to meet the 9J- 5 requirements. As with all text amendmentsl these are restricted to the twice-yearly cycles of "Large-Scale" amendments. Following approval by the City Commission, they will be transmitted to DCA and other statel regional and local agencies for review and comment prior to final adoption. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT KlmleY-Horn and Associates, Inc'l transportation consultants, has prepared the accompanying justification report (Exhibit "A''), proposed text amendments (Exhibit "B") and location map (Exhibit "c''). RECOMMENDAnON Staff recommends approval of Comprehensive Plan Text Amendments to establish a Transportation Concurrency Exception Area (TCEA) in portions of the Community Redevelopment Area of the City to give the City and the CRA an essential tool to meet the goals of infill development and redevelopment while minimizing the negative consequences of transportation concurrency. ATTACHMENTS S:\PIanntng\sHARED\WP\SPECPROJ\CPTA\04-<103 TCEA\STAFf REPORT CPTA.doc Goal 2 Objective 2.1 Policy 2.1.1 Policy 2.1.2 Policy 2.1.3 City of Boynton Beach Comprehensive Plan Amendments 04-2 City of Boynton Beach Transportation Element Goals, Objectives, and Policies To develop and maintain a transportation system which will serve the transportation needs of ail sectors of the City of Boynton Beach in a safe, efficient, cost effective, and aesthetically pleasing manner that promotes multi-modal transportation options, such as walking, bicycling, and transit. The City shall continue to provide a motor vehicle transportation network based on the following minimum level of service standards, except within the transportation concurrency exception area (TCEA) and designated constrained roadways at a lower level of service (CRALLS): . Level of Service "D" or better and peak hour conditions on all unspecified City and collector highway facilities. . Level of Service "D" for peak season peak hour conditions on all unspecified arterial facilities. . Level of Service "D" for 1-95 through the City, Boynton Beach Boulevard from Old Boynton Road to I-95, NW 22nd Avenue between Congress Avenue and 1-95, Congress Avenue between Boynton Beach Boulevard and NW 22nd Avenue and Boynton Beach Boulevard east of I-95. The City shall ensure, through the implementation of the adopted Concurrency Management Ordinance, that development orders shall only be approved concurrent with provisions of adequate motor vehicle transportation facilities needed to maintain the minimum level of service adopted by the City, except projects located within the transportation concurrency exception area (TCEA). The City shall coordinate with Florida Department of Transportation, the Treasure Coast Regional Planning Council, and Palm Beach County regarding the designation of "Special Transportation Areas" for those roads with operational standards less than Level of Service "D," including Transportation Concurrency Exception Areas (TCEA) and Constrained Roadways At a Lower Level of Service (CRALLS). The City shall continue to annually identify Backlogged and Constrained facilities and roadways operating below their adopted Level of Service. Through the continued monitoring of area-wide traffic conditions, and 2-1 Date: January 18, 2005 Transportation Element Ordinance No. 04-059 Policy 2.1.4 Policy 2.1.5 Policy 2.1.6 Policy 2.1.7 Policy 2.1.8 requirements for development project traffic studies, highway improvements and phased traffic impacts, the City shall only approve additional development projects which would "Maintain" operating conditions on Backlogged and Constrained facilities, except within TCEAs and CRALLS, and not cause adopted level of service standards to deteriorate on other roadways. The City shall petition Palm Bcach COllllty for the necessary exceptions to the Palm Beach Countywide Traffic Performance Standards Ordinance (as adopted on June 16, 1992 and as revised in August 1995), as soon as it becomes possible/necessary to request such exceptions. The City shall continue the enforcement of the adopted County-wide Traffic Performance Standards Ordinance, and conformance to the Level of Service Standards set forth in that ordinance, except where reasonable exceptions have been approved in accordance with that ordinance and do not exceed the Level of Service Standards set forth in Objective 2.1. A transportation conclllTency exccption area (TCEA) is hereby established and designated for a portion of the Boynton Beach Community Redevelopment Area (CRA) as shown in Exhibit TE-1. The TCEA shall be limited to the maximum allowable number of units, square footage, total daily trips, and total pm peak hour trips identified in Table TE-l. Any project utilizing the TCEA and significantly impacting the Florida Intrastate Highway System (FIRS) shall be required to address its impacts on the FIRS as required by Palm Beach County. In return, the City will actively pursue the goals, objectives, and policies contained herein to create sustainable development pattems within the CRA supportive of walking, bicycling, and public transit. Beginning March I, 2006, the City shall prepare an arumal monitoring report for development approvals within the TCEA to demonstrate compliance with the conditions of the ratio of approved residential units to 1,000 square feet of approved office and non-residential space. The City will forward this report to the Palm Beach County Planning Director for review. Development approvals utilizing the TCEA shall remain at or below the maximum allowable limits for units, square footage, total daily trips and total p.m. peak hour trips set by Table TE-1. No building permits shall be issued for new development when the applicable maximum allowable limit for that development is reached. Ciiy of Boynlon Beach Comprehensive Plan Amendments 04-2 2-2 Date: January 18, 2005 Transportation Element Ordinance No. 04-059 TABLE TE-l BOYNTON BEACI~ CRA - TCEA PLANNED DEVELOPMENT THRESHOLDS Allowable L~md Use Intensities Residential! Other Rental Hotel Industrirll Office Non- Units Units residential Planned Land Use Totals 7,000 450 235.000 2,400,000 1,450,000 Allowable variance +/. (%) 15% 25% 10% 15% ]0% MaximulII Allowable 8,050 563 258,500 2,760,000 1,595,000 MillilllUIn Allowable 5,950 338 211,500 2,040,000 1,305,000 Allowable Vehicle Trips Daily Traffic PM Peak Hour Traffic Planned Land Use Net New Trips 45,976 4,510 Allowable Land Use Ratios Residential! Residential! Office Other Non-Residential Maximum Allowable Ratios 3.9 5.3 Minimum Allowable Ratios 2.2 3.2 Policy 2.1.9 The City shall annually monitor the intersection of Boynton Beach Boulevard and U.S. I (Federal Highway), and coordinate with FDOT and Palm Beach County to improve this intersection when necessary, and if feasible. Policy 2.1.10 Beginning with the March I, 2007 annual report, and at the end of each reporting period thereafter, the cumulative ratio of approved residential units to 1,000 square feet approved office and other non-residential uses shall remain between the maximum and minimum allowable ratios identified in Table TE-I. Objective 2.2 The City shall continue to implement the future Transportation Plan on apriority basis and shall coordinate same with the City's Future Land Use Plan, Housing Element, and Coastal Management Element. Measure: Development of road improvement priority listing, miles of roadway constructed and other improvements, and maintenance of adopted Level of Service standards. Policy 2.2.1 The City shall continue to establish and maintain an updated prioritized listing of short term (2005), mid-term (2010), and long term (2020) transportation improvements for use by the City. Policy 2.2.2 The City shall continue to lobby Palm Beach County and the County Metropolitan Planning Organization for the timely implementation of all programmed road improvements as identified in the City's Transportation Element. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-3 Date: January 18,2005 Transportation Element Ordinance No. 04-059 Policy 2.2.3 Policy 2.2.4 Policy 2.2.5 Policy 2.2.6 Objective 2.3 The City shall continue to coordinate with Palm Beach County and the County Metropolitan Planning Organization in order to attempt to secure County andior state funding of planned, but unprogrammed road improvements as identified in the City's Transportation Element. The City, in conjunction with the annual update of the City's Capital Improvement Program, shall continue making available supplemental funding necessary to accelerate unfunded or othelwise lagging road improvements, including pedestrian. bicycle, and community transit projects, particularly within the TCEA. By January 2005, the City, through the CRA's Direct Incentive Program and its Affordable Access component, shall implement a program to make affordable housing available to low-to moderate income households (with incomes of 80% to 100% of median household income in Palm Beach County) in the TCEA. The affordable units in this program must remain affordable for a minimum period of 10 years. The City shall continue implementation of the policies under Objectives 6.1, 6.3 and 6.6 of the Housing Element of the Comprehensive Plan to provide other programs benefiting very low, low and moderate income households. The City will also insure that 5% ofncw or rehabilitated housing within the TCEA area is available for occupancy by these households, with pricing consistent with SHIP guidclines, and rent levels consistent with affordable effort ratios. The City will begin the annual monitoring of the affordability of housing within the TCEA by January 2006. The City shall annually demonstrate hurricane shelter space availability for at least 20% of the population increase within the TCEA associated with hotel/motel and residential developments within the hurricane vulnerability zone. In the event the City is unable to satisfactorily demonstrate hurricane shelter space availability, the City shall coordinate with Palm Beach County Emergency Management and the Red Cross to provide adequate hurricane shelter space within a timely manner. The City shall also participate in a long-term, Countywide, comprehensive shelter program coordinated with public, private, non-profit organizations to ensure adequate shelter space is available for the long-term needs of the TCEA and the County. Within three years of Plan adoption, neighborhood circulation patterns shall be monitored to assess local operating conditions and address themed for any capacity or traffic calming/safety-related road improvements on an as needed basis. Measure: Nnmber of case studies performed; Number of safety ,'elated improvements implemented. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-4 Date: January 18, 2005 Transportation Element Ordinance No. 04-059 Policy 2.3.1 Objective 2.4 Policy 2.4.1 Policy 2.42 Policy 2.4.3 Policy 2.4.4 Policy 2.4.5 Policy 2.4.6 Policy 2.4.7 The City shall perform a traffic count and special traffic studies for local streets and collector roadways on an as needed basis. The City shall develop and maintain a safe, convenient, multi-modal tl'ansportation system, including walking, bicycling, and public transit, which will meet future as well as current transportation needs, particularly within the TCEA and the CRA. Measure: Transit ridership within the TCEA and the CRA. Measure: Number of crashes along targeted corridors involving automobiles, pedestrians, and bicycles. The City's engineering and police department shall continue to investigate local high crash locations to identify potential methods of minimizing or eliminating future problems (through Palm Beach County's Community Traffic Safety Team). The City shall continue to support the construction of sidewalks and/or designated roadside bikeways in all land development regulations and road improvement projects which shall include ample signage and pedestrian signalization provisions to designate and promote routes. The City shall continue to require unobstructed sight lines and non- obtrusive landscape plantings along medians and at development driveway/street locations. Planting within and along roadway rights-of- way should emphasize the use of native vegetation. The City, at a minimum, shall continue to program and budget funds for roadway maintenance of City maintained roads at least at the existing levels. The City shall, enforce regulations to include access management criteria such as establishing minimum spacing between driveways (access points) and median openings, as well as requirements for exclusive turn lanes and intersection signalization (warrants per the Manual of Uniform Traffic Control Devices). The City shall implement the recommended bikeway classification system (bike lanes, bike paths, and bike routes) within the City, as stated in the Palm Beach County Bikeway Plan, and assess the adequacy of the system components in meeting the City's demands and needs. By January 2007, the City shall complete an inventory of existing sidewalks on all arterial, collector and local streets within the CRA and place such an City of Boynton Beach Comprehensive Plan Amendments 04-2 2-5 Date: Jannary 18, 2005 Transportation Element Ordinance No. 04-059 Policy 2.4.8 Policy 2.4.9 Policy 2.4.10 Policy 2.4.11 Policy 2.4.12 Policy 2.4.13 inventory in a geographic information system (GIS) to assist City staff identify gaps and priorities. The City shall request that sidewalks be installed and/or repaired as part of any State or County roadway widening or improvement project. The City shall work with the FDOT and Palm Beach County to provide traffic control and design features to enhance pedestrian activity along all State and County facilities within the designated TCEA. The City acknowledges that in order to provide traffic circulation and transportation infrastructure consistent with the requirements of the TCEA, it will be necessary to augment the existing local transit circulator system. By January I, 2005, the City shall undertake a detailed transit study to develop a local transit circulator plan (complementing or augmenting the County's public transit service) for the TCEA including specific route alignments, infrastructure needs, headways, hours of operation, and other service characteristics. The City and the Boynton Beach CRA shall be responsible for funding and implementing the transit circulator plan based on the recommendations and conclusions of the study. If the detailed transit study indicates that redevelopment projects within the TCEA have not progressed enough for the necessity of implementing the transit circulator plan on or before January 1, 2007, then the City shall conduct a monitoring study for such implementation every two years. This monitoring study shall be submitted to the County Engineer and Planning Director on March I, 2007, and every second year thereafter until the City implements the circulator plan. The County must review and approve any slIch monitoring study that would otherwise allow additional delay in implementing the transit circulator plan. The City shail inventory and prioritize enhancements for transportation projects within the boundaries of the TCEA in the City's Five Year Capital Improvements Program. The City shall promote a variety of transportation choices within the Community Redevelopment Area (CRA) by snpporting the following design features for streets within the TCEA boundaries: low speed turning radii; new continuous and permanent on-street parking; pedestrian-scaled lighting; narrow travel lanes; curb extensions or bulb outs; installation of shading street trees; bus stops and other transit enhancements; widening sidewalks; installation of bicycle lanes; and use of brick crosswalks. All streets within the CRA shall, where feasible, include sidewalks on both sides. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-6 Date: January 18, 2005 Transportation Element Ordinance No. 04-059 Policy 2.4.14 Policy 2.4.15 Policy 2.4.16 Objective 2.5 Policy 2.5.1 Policy 2.5.2 Policy 2.5.3 Policy 2.5.4 Objective 2.6 The City shall continue to monitor the activities of the South Florida Regional Transportation Authority (SFRTA), particularly related to the FEC passenger service initiative and the City's support for the initiative. The City shall investigate the opportunity for expanding the Palm Beach water taxi service to includc stops in Boynton Beach. The City shall apply for capital funding available through the Metropolitan Planning Organization for water taxi stops whcn thc service is determined to be feasible in the southern portions of Palm Beach County. The City shall create and seek opportunities for grade separated crossings along major corridors, when feasible. Explore all legally defensible alternatives for protection of public right of-way when reviewiug development proposals, provide for the protection of existing and future right-of-way from building encroachment. Provide for minimal negative impacts associated with driveway locations, and provide for safe and efficient on-site traffic circulation and parking, inclnding provisions for shared driveways, sh3l'ed parking, and handicapped users. Measure: Nnmber of development projects permitted subsequent to performance review. The City shall continue to support State and/or County requirements, or more restrictive local criteria, for minimum access point spacing, cross access easements or other access controls associated with engineering and development review procedures. The City shall continue to require in the land development regulations the provision of handicapped parking facilities when reviewing development proposals. The City shall modify and enforce regulations to require the conveyance of right-of-way or easements consistent with the City's Palm Beach Connty Thoroughfares Plan and with the plans of the Florida Department of Transportation andlor Palm Beach County when coni dol' right-of-way maps are filed with the Palm Beach County Official Records Division. The City shall review and modify regulations to provide safe and efficient onsite circulation and parking for all vehicles if subsequent analysis determines that on-site design produces unsafe conditions. The City shall provide for private sector responsibility to implement project related transportation improvements, including bicycle, City of Boynton Beach Comprehensive Plan Amendments 04-2 2-7 Date: January 18, 2005 Transportation Element Ordinance No. 04-059 Policy 2.6.1 Policy 2.6.2 Objective 2.7 Policy2.7.1 Policy 2.7.2 Policy 2.7.3 pedestrian, and public transit infrastructure, particularly within the TCEA. Measure: Amonnt of private sector transportation enhancements. contributions toward The City shall continue to modify and enforce regulations to require a traffic impact analysis for any development project anticipated to generate 200 or more additional vehicle trips per day or 250 trips in the AM or PM peak hour. The City shall continue to require improvement of roadways to mitigate the impacts of development as a condition of development approval. The City shall, wherever feasible, require the construction of transportation improvements in lieu of impact fee contributions. In order to maximize highway system performance, the City shall SUPPOl't alternative Transportation Demand Management strategies wherever feasible in lieu of, or in conjunction with, more expensive supply ride capital improvements. Measure: Number of local Transportation Demand Management improvements. The City shall promote local, or county and state (Florida Department of Transportation, Palm Beach County) funding for traffic operations improvements with pmiicular emphasis on developed roadways such as US I, or projected overcapacity arterial or collector roadways such as Congress Avenue and arterial or collector segments adjacent to 1-95, as well as, acquisition of Florida East Coast Railroad for use as commuter rail and rail with trail facilities. The City shall, if necessary, consider capacity improvements to US I and Boynton Beach Boulevard through restriping of the existing pavement; this effort shall be predicated on a finding of minimal negative impacts regarding the loss of on-street parking-either through lack of demand or by replacement with off-street parking in other areas. Transportation Demand Management: By January 2006, the City will submit a request to the Florida Department of Transportation (FDOT) Office of Modal Development for the creation of a transportation management initiative (TM1) in downtown Boynton Beach or participate in a county-wide TMI. The TMl will include considerations to mitigate peak hour impacts through promotion of flexible work hours, car pooling, ride sharing and reinforce transit use and non-automobile forms of transportation. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-8 Date: January 18, 2005 Transportation Element Ordinance No. 04-059 Policy 2.7.4 Policy 2.7.5 Policy 2.7.6 Objective 2.8 Policy 2.8.1 Policy 2.8.2 Policy 2.8.3 Policy 2.8.4 Objective 2.9 The City shall promote Transportation Demand Management strategies such as car pooling, transit, and parking priorities to alleviate peak hour andior peak season traffic congestion through public/private partnerships (e.g. Transportation Management Associations andior Parking Management Associations). By 2006, the City shall amend the land development regulations to include transportation demand management requirements for major developments within the City and particularly the TCEA. This may be accomplished through cooperation with the TMl. By 2006, the City shall develop transportation system management strategies to more effectively manage the transpOliation system including, but not limited to, parking management strategies, signal timing coordination, and programs that increase walking andior bicycling. The City shall strive to reduce overall energy consumption due to transportation via regulatory measures such as trip reduction ordinances and incentives. Measures: Adoption of a trip reduction andlor transportation demand management (TDM) ordinance or establishment or participation of a transportation management initiative (TMI) The City shall continue to coordinate with Florida Department of Transportation and Palm Beach County regarding computerized signalization and optimal signal timing and progression. The City shall continually support local promotion and coordination in implementing Countywide ridesharing efforts. The City shall continue to sUPPOli the Tri-Rail project and the local rail stop adjacent to NW 22 Avenue and 1-95, and support the resolution andior expansion of the Tri-Rail to Florida East Coast Railroad upon feasibility of such. The City shall continue to support the high speed rail transportation concept and participate in the review of rail proposals as these relate to local comprehensive planning efforts and land use or environmental impacts (despite the state's recent decision to not fund this program). The City shall continue to provide local transportation facilities that are visually and functionally pleasing and that conform to City guidelines. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-9 Date: January 18, 2005 Transportation Element Ordinance No. 04-059 Policy 2.9.1 Policy 2.9.2 Policy 2.9.3 Policy 2.9.4 Policy 2.9.5 Policy 2.9.6 Objective 2.10 Policy 2.10.1 Policy 2.10.2 Policy 2.10.3 Measure: Increase in facilities which meet the criteria below. The City shall continue to institute transportation facility design standards, such as roadway signage and lighting, for the entire City or designated subdistricts. The City, in conjunction with the recommendations from the Boynton Beach20i20 Redevelopment Master Plan, the plan shall develop "gateway" treatments at major cross street locations and facility entrances to the City, as well as, older neighborhoods. The City shall continue to program and budget funds for streets cape beautification in public rights-of-way. Plantings within and along roadway rights-of-way should emphasize the use of native vegetation. The City shall continue to support or, where appropriate, require funding for landscaping and irrigation in transportation projects and for perimeter masonry and/or vegetation screening along all private circulation and parking areas. Plantings within and along roadway rights-of-way should emphasize the use of native vegetation. The City shall continue to enforce local and state laws prohibiting dumping or littering in public right-of-way. The City shall implement recommendations related to the roadway improvements and beautification as recommended pursuant to the Boynton Beach 20/20 Redevelopment Master Plan. The City shall continue to participate in the Palm Beach County Metropolitan Planniug Organization's long range planning process and utilize the resulting plans to update the City's Transportation Elemeut as appropriate. The City shall develop procedures to annually provide the Palm Beach County Metropolitan Planning Organization with a prioritized listing of needed roadway and intersection improvements for inclusion into the Metropolitan Planning Organization Five- Year Transportation Improvement Program. The City shall continue to participate in the Palm Beach County Technical Coordinating Committee. The City shall continue to maintain active and positive relationships with the Florida Department of Transportation, Palm Beach County, adjacent municipalities, and other relevant public and private entities in order to City of Boynton Beach Comprehensive Plan Amendments 04-2 2-10 Date: January 18,2005 Transportation Element Ordinance No. 04-059 Objective 2.11 Policy 2.11.1 Policy 2.11.2 Policy 2.11.3 Policy 2.11.4 Policy 2.11.5 Policy 2.11.6 Objective 2.12 Policy 2.12.1 support and engage 111 cooperative funding of transportation improvements. The City shall continue to assist Palm Tran in providiug efficient public transit services based on existing and future trip generators and attractOl's and also provide local public transit road and terminal areas which are safe for transit users. The City shall support the transit shelter and tenl1ina1 development programs of Palm Tran, the proposed High Speed Rail Project and of the Tri-Rail Authority. The City shall continue to modify and enforce regulations to encourage the provision oftransit related shelters in major land development projects. Reserved. The City will continue to assist Palm Tran in route selection and puhlicity by reviewing and commenting on proposed route revisions and providing space at City offices for Palm Tran schedule infonl1ation. As part of the transit study in Policy 2.4.10 and in cooperation with Palm Tran, the City shall evaluate transit service within the CRA boundaries and identify needs for route realignments andior bus stop improvements such as well-designed shelters, bicycle parking, route infonl1ation, benches, waste receptacles, pedestrian access to stopsishelters or the need for new bus stops. Based upon the conclusions of the transit study, the City will work with Palm Tran to program recommended actions and modifications to the existing transit system within the CRA boundaries. Increase the City's public transit mode split for work trips to four percent as an effort to reduce motor vehicle use and traffic congestion. Based upon the 2000 Census, the public tn1l1spOliation mode split was 1.53 percent of all work trips by Boynton Beach residents. Promote a pedestrian- and bicycle-friendly environment by providing adequate facilities, such as wider sidewalks, buffers from travel lanes, shade trees, shorter crossing distances, lighting, refuges in large intersections, bike lanes, and bicycle parking, for pedestrians and bicyclists. Measnre: Length of sidewalks provided, length of bicycle paths and lanes provided, and length of multi-use paths provided in the City. Promote a pedestrian-friendly environment on streets within the TCEA and the CRA by providing adequate and comfortable facilities. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-11 Date: January 18,2005 Transportation Element Ordinance No. 04-059 Policy 2.12.2 Policy 2.12.3 Policy 2.12.4 Policy 2.12.5 Policy 2.12.6 Policy 2. 12.7 By January 2007, the City shall complete an inventory of existing bicycle facilities within the City and place such an inventory in a geographic information system (GIS) to assist City staff identify gaps and priorities. By January 2005, the City will complete a citywide bicycle facilities study for providing an interconnected bicycle system with the City that connects local residents and visitors to the area with major destinations. By January 2007, the City shall identify all street segments within the TCEA and the CRA that are not currently designated with in-street bicycle facilities and detelmine the most appropriate design to accommodate such transpOliation, where appropriate. By January 2007, the City shall conduct an inventory of the existing major street network within the TCEA and the CRA to identify hazards and barriers to bicyclists and prepare a plan for removing or mitigating such impediments. The City shall provide routine maintenance programs for all designated bicycle and pedestrian facilities within the TCEA. Maintenance shall include, but not limited to, sweeping of bicycle lanes, and filling potholes. Increase the number of work trips by bicycle within the City by onc percent by 2010. Based upon the 2000 Census, work trips by bicycle accounted for 0.45 percent of all trips by Boynton Beaeh residents. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-12 Date: January 18, 2005 Transportation Element Ordinance No. 04-059 TCEA Boundary Map (=::J S"liN' l;<iJ!i ';f'~llIWn'l (lfCtt,:a..,ILl," '':''()I.)',,(lJl')l'IM'!;..,.~b "$' , 1)..1 O~J: Uin;;c1 Legend C:J lli:'npi)!i(!d T'(]EA Bllundary ~1 E " ~ " > ... !i J = - o (I City of ... ... BO)'flton Beach 11I"'1_,. 'Kl~.k". ..1- '.~~I!O l1li n,l..51#1.(lIl!; l\1l>Yllftry'H\.l1oj. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-13 Date: January 18, 2005 Transportation Element Ordinance No. 04-059 w....' '.'... .:t",,' XII. - LEGAL ITEM A.7 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 Meetine Dates in to City Clerk's Office D December 7. 2004 November 15, 2004 (Noon.) D February 1, 2005 January 17,2005 (Noon) D December 21, 2004 December 6, 2004 (Noon) IZJ February 15,2005 January 31, 2005 (Noon) D January 4, 2005 December 20, 2004 (Noon) D March 1,2005 February 14,2005 (Noon) D January 18. 2005 January 3, 2005 (Noon) D March 15,2005 February 28, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business -., -., AGENDA ITEM D IZJ OJ Public Hearing Legal I D Bids D Unfinished Business rel D Announcement D Presentation --:.J D City Manager's Report C,) U1 -._1 () .:-)--4 :::;-< --<0 'J -;1 -c;-J " .~-) ---. (:.) RECOMMENDATION: Please place this request on the February 15,2005 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission tabled this request on February I, 2005 to allow for reprocessing oflegal notices. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-166. -'1 "..- ~"lJJ -Pl '-)J> ,:"1n -~ EXPLANATION: PROJECT: Comprehensive Plan Text Amendments (CPTA 04-004) Figure 4-Functional Classification of Roadway Map City-initiated Request to update Transportation Element data and analysis Figure 4 (Functional Classification of Roadways Map) by adding two roadway segments classified as Local Collectors, thereby making these corridors eligible for redevelopment using the mixed use low zoning district. OWNER: DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~l~ Developme a nt Directo A-.(j 1 ~. Planning and Zoni,J; Director City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\SPECPROJ\CPTA\04_004 Funct.Class Map\Agenda Item Comprehen.Plan Text Amend.FigA Functional Class Roadway Map tabled 2-1-D5.dot S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 1I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 04- 059 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN TO ESTABLISH A TRANSPORTATION CONCURRENCY EXCEPTION AREA (TCEA) IN A PORTION OF THE CITY'S COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida ("City") has adopted a Comprehensive Plan, and as part of said plan, adopted Goal 2, Transportation Element Goals, Objectives and Policies; and WHEREAS, over the past several years, the Community Redevelopment Agency has initiated several redevelopment plans with the intent to build a livable, sustainable community and provide a catalyst for redevelopment and growth within the Community Redevelopment Area (CRA); and WHEREAS, the redevelopment plans promote and increase residential densities and commercial intensities in an integrated mix of land uses than enhance non-automobile modes of travel; however we are aware that the redevelopment plans will ultimately generate additional vehicular traffic impacts on the transportation network in the downtown and surrounding areas; and WHEREAS, the establishment of a Transportation Concurrency Exception Area (TCEA) for a portion of the CRA will give the City and the Agency an essential tool to meet the goals of in fill development and S:\CA\Ordinances\Planning\TCEA Camp Plan Amendment(010705 rev).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 redevelopment while minimizing the negative consequences of transportation concurrency; and WHEREAS, staff recommends approval of Comprehensive Plan Text Amendments to establish a Transportation Concurrency Exception Area (TCEA) in portions of the Community Redevelopment Area of the City to give the City and the CRA an essential tool to meet the goals of infilI development and redevelopment while minimizing the negative consequences of transportation concurrency. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That the Comprehensive Plan, shall be amended by adding the words and figures in underlined type, and by deleting the words and figures in struck -through type, as follows: SEE EXHIDIT "A" ATTACHED HERETO Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this Ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. S:\CA\Ordinances\Planning\TCEA Camp Plan Amendment(010705 rev).doc 2 Section 5. This Ordinance shall become effective immediately. 2 FIRST READING this ~ day of July, 2004. 3 4 SECOND, FINAL READING AND PASSAGE this I ~ day of 5 februar'fr 2005. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 ]2 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 ATTEST: 24 25 26 City Clerk 27 28 29 30 S:\CA\Ordinances\Planning\TCEA Camp Plan Amendment(010705 rev).doc 3 Goal 2 Objective 2.1 Policy 2.1.1 Policy 2.1.2 City of Boynton Beach Transportation Element Goals, Objectives, and Policies To develop and maintain a transportation system which will serve the transportation needs of all sectors of the City of Boynton Beach in a safe, efficient, cost effective, and aesthetically pleasing manner that promotes multi-modal transportation options, such as walking, bicycling, and transit. The City shall continue to provide a motor vehicle transportation network based on the following minimum level of service standards, except within the transportation concurrency exception area (TCEA) and desienated constrained roadwavs at a lower level of service (CRALLS): . Level of Service "GD" or better unller lIaily and peak hour conditions on all unspecified City and collector highway facilities. . Level of Service "C" fer a'lerage lIaily and Level of Service "D" for lIaiIy-peak season aull year rouull peak hour conditions on all D6-!!!!specified arterial facilities. . Level of Service "D" for year rouull daily anll peak hour conditions on Seaerest Boulcyard south of SE 23rll ... yeuue, US I between Boynton Beach Boulevarll and Woolbright Roall, 1-95 through the City, Boynton Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue between Congress Avenue and 1- 95, Congress Avenue between Boynton Beach Boulevard and NW 22nd Avenue and Boynton Beach Boulevard east of 1-95. CLe'/elof Service "Maintain" I 95 from Boynton Beach BouleYllrll to Woolbright Road, Boynton Beach Boule'/arll fl'om 0111 Boyuton Roall to I 95, Congress f.'/enue from Boynton Beach Boulevarll to the south City limits anll I1ypoluxo Road east of I 95. The City shall ensure, through the implementation of the adopted Concurrency Management Ordinance, that development orders shall only be approved concurrent with provisions of public adequate motor vehicle transportation facilities needed to maintain the minimum level of service adopted by the City, except projects located within the transportation eoncurrenev exception area (TCEA). The City shall coordinate with Florida Department of Transportation, the Treasure Coast Regional Planning Council, and Palm Beach County regarding the designation of "Special Transportation Areas" for those Policy 2.1.3 Policy 2.1.4 Policy 2.1.5 Policy 2.1.6 Policv 2.1.7 Policy 2.1.8 roads with operational standards less than Level of Service "D," including Transportation Concurrency Exception Areas (TCEA) and Constrained Roadways At a Lower Level of Service (CRALLS). The City shall continue to annually identifY Backlogged and Constrained facilities and roadways operating below their adopted Level of Service. Through the continued monitoring of area-wide traffic conditions, and requirements for development project traffic studies, highway improvements and phased traffic impacts, the City shall only approve additional development projects which would "Maintain" operating conditions on Backlogged and Constrained facilities, except within TCEAs and CRALLS, and not cause adopted level of service standards to deteriorate on other roadways. The City shall petition Palm Beach County for the necessary exceptions to the Palm Beach Countywide Traffic Performance Standards Ordinance (as adopted on June 16, 1992 and as revised in August 1995), as soon as it becomes possible/necessary to request such exceptions. The City shall continue the enforcement of the adopted County-wide Traffic Performance Standards Ordinance, and conformance to the Level of Service Standards set forth in that ordinance, except where reasonable exceptions have been approved in accordance with that ordinance and do not exceed the Level of Service Standards set forth in Objective 2.1. A transportation concurrency exception area (TCEA) is hereby established and designated for a portion of the Bovnton Beach Community Redevelopment Area (CRA) as shown in Exhibit TE-1. The TCEA shall be limited to the maximum allowable number of units, square footage. total daily trips, and total pm peak hour trips identified in Table TE-1. Any proiect utilizing the TCEA and significantly impacting the Florida Intrastate Highway System (FillS) shall be required to address its impacts on the FillS as required by Palm Beach County. In return, the City will actively pursue the goals. obiectives. and policies contained herein to create sustainable development patterns within the CRA supportive of walking, bicycling, and public transit. Beginning March I, 2006, the City shall prepare an annual monitoring report for development approvals within the TCEA to demonstrate compliance with the conditions of the ratio of approved residential units to 1.000 square feet of approved office and non-residential space. The City will forward this report to the Palm Beach Countv Planning Director for revIew. Development approvals utilizing the TCEA shall remain at or below the maximum allowable limits for units. square footage, total daily trips and total p.m. peak hour trips set by Table TE-I. No building permits shall be issued tor new development when the applicable maxmmm allowable limit for that development is reached. TABLE TE-l BOYNTON BEACH CRA - TCEA PLANNED DEVELOPMENT THRESHOLDS Allowable Land Use Intensities Residential! Other Rental Hotel Industrial Office Non. Units Units residential Planned Land Use Totals 7,000 450 235,000 2,400,000 1,450,000 Allowable variance +/- (%) 15% 25% 10% 15% 10% Maximum Allowable 8,050 563 258,500 2,760,000 1,595,000 Minimum Allowable 5,950 338 211,500 2,040,000 1,305,000 Allowable Vehicle Trips Daily Traffic PM Peak Hour Traffic Planned Land Use Net New Trips 45,976 4,510 Allowable Land Use Ratios Residential! Residential/ Office Other Non-Residential Maximum Allowable Ratios 3,9 5,3 Minimum Allowable Ratios 2.2 3,2 -- "----- ...."____._..m.""_______ -.-.....--- ----,.,"-- - --........_------ ..._----..,---- .-- ---.-......___________..._.____n___.u________......____ Policy 2.1.9 The City shall annually monitor the intersection of Boynton Beach Boulevard and U.S. I (Federal Highway), and coordinate with FDOT and Palm Beach County to improve this interseetion when necessary, and if feasible. Policy 2.1.10 Beginning with the March I, 2007 annual report, and at the end of each reporting period thereafter, the cumulative ratio of approved residential lmits to 1.000 SQuare feet approved office and other non-residential uses shall remain between the maximum and minimum allowable ratios identified in Table TE-1. Objective 2.2 The City shall continue to implement the future Transportation Plan on apriority basis and shall coordinate same with the City's Future Land Use Plan, Housine Element, and Coastal Manaeement Element. Measure: Development of road improvement priority listing, miles of roadway constructed and other improvements, and maintenance of adopted Level of Service standards, Policy 2.2.1 The City shall continue to establish and maintain an updated prioritized listing of short term (2005), mid-term (2010), and long term (2020) transportation improvements for use by the City. Policy 2.2.2 The City shall continue to lobby Palm Beach County and the County Metropolitan Planning Organization for the timely implementation of all Policy 2.2.3 Policy 2.2.4 Policy 2.2.5 Policy 2.2.G Objective 2.3 programmed road improvements as identified in the City's Transportation Element. The City shall continue to coordinate with Palm Beach County and the County Metropolitan Planning Organization in order to attempt to secure County and/or state funding of planned, but unprogrammed road improvements as identified in the City's Transportation Element. The City, in conjunction with the annual update of the City's Capital Improvement Program, shall continue making available supplemental funding necessary to accelerate unfunded or otherwise lagging road improvements, including pedestrian, bicycle, and community transit proiects, particularly within thc TCEA. By Januarv 2005, the Citv, through the CRA's Direct Incentive Program and its Affordable Access component, shall implement a program to make affordable housing available to low-to moderate income households (with incomes of 80% to 100% of median household income in Palm Beach County) in the TCEA. The affordable units in this progranl must remain affordable for a minimum period of 10 years. The City shall continue implementation of the policies under Obiectives G.I, G.3 and 6.G of the Housing Element of the Comprehensive Plan to provide other programs benefiting very low, low and moderate income households. The City will also insure that 5% of new or rehabilitated housing within the TCEA area is available for occupancy by these households. with pricing consistent with SHIP guidelines, and rent levels consistent with affordable effort ratios. The City will begin the annual monitoring of the affordabilitv of housing within the TCEA by Januarv 2006. The City shall annually demonstrate hurricane shelter space availability for at least 20% of the population increase within the TCEA associated with hotel/motel and residential developments within the hurricane vulnerability zone. In the event the City is unable to satisfactorily demonstrate hurricane shelter space availabilitv, the City shall coordinate with Palm Beach County Emergency Management and the Red Cross to provide adeQuate hurricane shelter space within a timely manner. The City shall also participate in a long-term, COlmtvwide, comprehensive shelter program coordinated with public, private. non-profit organizations to ensure adeQuate shelter space is available for the long-tenn needs of the TCEA and the County. Within three years of Plan adoption, neighborhood circnlation patterns shall be monitored to assess local operating conditions and address themed for any capacity or traffic caln'linglsafety-related road improvements on an as needed basis. Measure: Number of case studies performed; Nnmber of safety related improvements implemented. Policy 2.3.1 Objective 2.4 Policy 2.4.1 Policy 2.4.2 Policy 2.4.3 Policy 2.4.4 Policy 2.4.5 Policy 2.4.6 Policy 2.4.7 The City shall perform a traffic count and special traffic studies for local streets and collector roadways on an as needed basis. The City shall develop and maintain a safe, convenient,--ll-lHl energy efficient multi-modal transportation system, includine walkine, bicvcline, and public transit, which will meet future as well as current transportation needs, particularlv within the TCEA and the CRA. Measnre: Number of SO" auto trills convertell to transit trillS as estimated lJy Ileak hour loall faetor. Transit ridership within the TCEA and the CRA. Measure: Number of crashes along targeted corridors involving automobiles, pedestrians, and bicycles. The City's engineering and police department shall continue to investigate local high crash locations to identifY potential methods of minimizing or eliminating future problems (through Palm Beach County's Community Traffic Safety Team). The City shall continue to support the construction of sidewalks and/or designated roadside bikeways in all land development regulations and road improvement projects which shall include ample signage and pedestrian signalization provisions to designate and promote routes. The City shall continue to require unobstructed sight lines and non- obtrusive landscape plantings along medians and at development driveway/street locations. Planting within and along roadway rights-of- way should emphasize the use of native vegetation. The City, at a minimum, shall continue to program and budget funds for roadway maintenance of City maintained roads at least at the existing levels. The City shall, by the year 2002, modify Rfld enforce regulations to include access management criteria such as establishing minimum spacing between driveways (access points) and median openings, as well as requirements for exclusive turn lanes and intersection signalization (warrants per the Manual of Uniform Traffic Control Devices). The City shall implement the recommended bikeway classification system (bike lanes, bike paths, and bike routes) within the City, as stated in the Palm Beach County Bikeway Plan, and assess the adequacy of the system components in meeting the City's demands and needs. By January 2007, the City shall complete an inventory of existing sidewalks on all arterial, collector and local streets within the CRA and place such an Policv 2.4.8 Policv 2.4.9 Policy 2.4.] 0 Policv 2.4.] ] Policy 2.4.12 Policy 2.4.] 3 Policy 2.4.14 inventorv in a geographic information system (GIS) to assist Citv staff identify gaps and priorities. The Citv shall request that sidewalks be installed and/or repaired as paJ1 of any State or County roadway widening or improvement proiect. The City shall work with the FDOT and Palm Beach COlU1ty to provide traffic control and design features to enhance pedestrian activity along all State and County facilities within the designated TCEA. The City acknowledges that in order to provide traffic circulation and transportation infrastructure consistent with the requirements of the TCEA. it will be necessarv to augment the existing local transit circulator system. By January 1. 2005, the City shall undertake a detailed transit study to develop a local transit circulator plan (complementing or augmenting the County's public transit service) for the TCEA including specific route aligmoents. infrastructure needs, headways. hours of operation, and other service characteristics. The City and the Bovnton Beach CRA shall be responsible for funding and implementing the transit circulator plan based on the recommendations and conclusions of the study. If the detailed transit study indicates that redevelopment proiects within the TCEA have not progressed enough for the necessity of implementing the transit circulator plan on or before January 1. 2007, then the City shall conduct a monitoring study for such implementation every two years. This monitoring study shall be submitted to the Countv Engineer and Planning Director on March I. 2007, and every second year thereafter until the City implements the circulator plan. The County must review and approve any such monitoring study that would otherwise allow additional delay in implementing the transit circulator plan, The City shall inventory and prioritize enhancements for transportation proiects within the boundaries of the TCEA in the Citv's Five Year Capital Improvements Program. The City shall promote a variety of transportation choices within the Community Redevelopment Area (CRA) by supporting the following design features for streets within the TCEA bowldaries: low speed turning radii; new continuous and permanent on-street parking; pedestrian-scaled lighting; narrow travel lanes; curb extensions or bulb outs; installation of shading street trees; bus stops and other transit enhancements; widening sidewalks; installation of bicycle lanes; and use of brick crosswalks. All streets within the CRA shall, where feasible, include sidewalks on both sides. The City shall continue to monitor the activities of the South Florida Regional Transportation Authority (SFRTA), particularly related to the FEC passenger service initiative and the City's support for the initiative. Policy 2.4.15 Policy 2.4. I 6 Objective 2.5 Policy 2.5.1 Policy 2.5.2 Policy 2.5.3 Policy 2.5.4 Objective 2.6 The City shall investigate the opportunity for expanding the Palm Beach water taxi service to include stops in Bovnton Beach. The City shall apply for capital funding available through the Metropolitan Planning Organization for water taxi stops when the service is detern1ined to be feasible in the southern portions of Palm Beach County. The City shall create and seek opportunities for grade separated crossings along maior corridors. when feasible. Explore all legally defensible alternatives for protection of public right of-way when reviewing development proposals, provide for the protection of existing and future right-of-way from building encroachment. Provide for minimal negative impacts associated with driveway locations, and provide for safe and efficient on-site traffic circulation and parking, including provisions for shared driveways, shared parking, and handicapped users. Measure: Nnmber of development projects permitted subsequent to performance review. The City shall continue to support State and/or County requirements, or more restrictive local criteria, for minimum access point spacing, cross access easements or other access controls associated with engineering and development review procedures. The City shall continue to require in the land development regulations the provision of handicapped parking facilities when reviewing development proposals. The City shall modifY and enforce regulations to require the conveyance of right-of-way or easements consistent with the City's Palm Beach County Thoroughfares Plan and with the plans of the Florida Department of Transportation and/or Palm Beach County when corridor right-of-way maps are filed with the Palm Beach County Official Records Division. The City shall review and modifY regulations to provide safe and efficient onsite circulation and parking for all vehicles if subsequent analysis determines that on-site design produces unsafe conditions. The City shall provide for private sector responsibility to implement project related transportation improvements, includine bicvcle, pedestrian, and public transit infrastructure, particularlv within the TCEA. Measure: Amount of private sector highway contributions toward transportation enhancements. improvements I Policy 2.6.1 Policy 2.6.2 Objective 2.7 Policy 2.7.1 Policy 2.7.2 Policy 2.7.3 The City shall continue to modifY and enforce regulations to require a traffic impact analysis for any development project anticipated to generate 200 or more additional vehicle trips per day or 250 trips in the AM or PM peak hour. The City shall continue to require improvement of roadways to mitigate the impacts of development as a condition of development approval. The City shall, wherever feasible, require the construction of transportation improvements in lieu of impact fee contributions. In order to maximize highway system performance, the City shall support alternative Transportation Demand Management strategies wherever feasible in lieu of, or in conjunction with, more expensive supply ride capital improvements. Measure: Number of local Transportation Demand Management improvements. The City shall promote local, or county and state (Florida Department of Transportation, Palm Beach County) funding for traffic operations improvements with particular emphasis on developed roadways such as US I, or projected overcapacity arterial or collector roadways such as Congress A venue and arterial or collector segments adjacent to 1-95, as well as, acquisition of Florida East Coast Railroad for use as commuter rail and rail with trail facilities. The City shall, if necessary, consider capacity improvements to US I and Boynton Beach Boulevard through restriping of the existing pavement; this effort shall be predicated on a finding of minimal negative impacts regarding the loss of on-street parking-either through lack of demand or by replacement with off-street parking in other areas. Transportation Demand Management: The City ~hall Sllpport the County MetropolitRH PlarJiing OrgRHization's establishment of a Transportation Demand Management pr-egram by 2003 as part of a eongestion ll'ioiaanee strategy to reaRee the nlHRber of single eeellflant 'Ielrieles auring peak traffie periods, either by trip reauetionG ar by aeeemmoaating ellisting trips in fewer yehieles (e.g. trip redRetion oFliimmee), or by moying some trips before or after the most eongeGtea periods. By January 2006, the City will submit a request to the Florida Department of Transportation (FDOT) Office of Modal Development for the creation of a transportation management initiative (TMI) in downtown Bovnton Beach or Participate in a county-wide TMI. The TMI will include considerations to mitigate peak hour impacts through promotion of flexible work hours, car pooling, ride sharing and reinforce transit use and non-automobile forms of transportation. Policy 2.7.4 Policy 2.7.5 Policy 2.7.6 Objective 2.8 Policy 2.8.1 Policy 2.8.2 Policy 2.8.3 Policy 2.8.4 Objective 2.9 The City shall promote Transportation Demand Management strategies such as car pooling, transit, and parking priorities to alleviate peak hour and/or peak season traffic congestion through public/private partnerships (e.g. Transportation Management Associations and/or Parking Management Associations). By 2006, the City shall amend the land development regulations to include transportation demand management requirements for maior developments within the Citv and particularly the TCEA. This may be accomplished through cooperation with the TMI. By 2006, the City shall develop transportation system management strategies to more effectively manage the transportation system including. but not limited to. parking management strategies. signal timing coordination. and programs that increase walking and/or bicycling. The City shall strive to reduce overall energy consumption due to transportation via regulatory measures such as trip reduction ordinances and incentives. Measures: Decrease in a'ierage vehicle lIelay on City roallwaj's; Increase in auto occupancy or car pool users. Adoption of a trip reduction and/or transportation demand manaeement (TDM) ordinance or establishment or participation of a transportation manaeement initiative (TMI) The City shall continue to coordinate with Florida Department of Transportation and Palm Beach County regarding computerized signalization and optimal signal timing and progression. The City shall continually support local promotion and coordination in implementing Countywide ridesharing efforts. The City shall continue to support the Tri-Rail project and the local rail stop adjacent to NW 22 Avenue and 1-95, and support the resolution and/or expansion of the Tri-Rail to Florida East Coast Railroad upon feasibility of such. The City shall continue to support the high speed rail transportation concept and participate in the review of rail proposals as these relate to local comprehensive planning efforts and land use or environmental impacts (despite the state's recent decision to not fund this program), The City shall continue to provide local transportation facilities that are visually and functionally pleasing and that conform to City guidelines. Measure: Increase in facilities which meet the criteria below. -.... Policy 2.9.1 Policy 2.9.2 Policy 2.9.3 Policy 2.9.4 Policy 2.9.5 Policy 2.9.6 Objective 2.10 Policy 2.10.1 Policy 2.10.2 Policy 2.10.3 The City shall continue to institute transportation facility design standards, such as roadway signage and lighting, for the entire City or designated subdistricts. The City, in conjunction with the recommendations from the Boynton BeachZO/20 Redevelopment Master Plan, the plan shall develop "gateway" treatments at major cross street locations and facility entrances to the City, as well as, older neighborhoods. The City shall continue to program and budget funds for streetscape beautification in public rights-of-way. Plantings within and along roadway rights-of-way should emphasize the use of native vegetation. The City shall continue to support or, where appropriate, require funding for landscaping and irrigation in transportation projects and for perimeter masonry and/or vegetation screening along all private circulation and parking areas. Plantings within and along roadway rights-of-way should emphasize the use of native vegetation. The City shall continue to enforce local and state laws prohibiting dumping or littering in public right-of-way. The City shall implement recommendations related to the roadway improvements and beautification as recommended pursuant to the Boynton Beach 20/20 Redevelopment Master Plan. The City shall continue to participate in the Palm Beach County Metropolitan Planning Organization's long range planning process and utilize the resulting plans to update the City's Transportation Element as appropriate. The City shall develop procedures to annually provide the Palm Beach County Metropolitan Planning Organization with a prioritized listing of needed roadway and intersection improvements for inclusion into the Metropolitan Planning Organization Five- Year Transportation Improvement Program. The City shall continue to participate in the Palm Beach County Technical Coordinating Committee. The City shall continue to maintain active and positive relationships with the Florida Department of Transportation, Palm Beach County, adjacent municipalities, and other relevant public and private entities in order to support and engage in cooperative funding of transportation improvements. Objective 2.11 Policy 2.11.1 Policy 2.11.2 Policy 2.11.3 Policy 2.11.4 Policy 2. I 1.5 Policy 2.11.6 Objective 2.12 Policy 2.12.1 Policy 2.]2.2 The City shall continue to assist Palm Tran in providing efficient mass public transit services based on existing and future trip generators and attractors and also provide local mass public transit road and terminal areas which are safe for transit users. The City shall support the transit shelter and terminal development programs of Palm Tran, the proposed High Speed Rail Project and of the Tri-Rail Authority. The City shall continue to modify and enforce regulations to encourage the provision of transit related shelters in major land development projects. Reserved. The City will continue to assist Palm Tran in route selection and publicity by reviewing and commenting on proposed route revisions and providing space at City offices for Palm Tran schedule information. As part of the transit study in Policy 2.4.10 and in cooperation with Palm Tran, the City shall evaluate transit service within the CRA boundaries and identify needs for route realignments and/or bus stop improvements such as well-designed shelters, bicycle parking, route information, benches. waste receptacles, pedestrian access to stops/shelters or the need for new bus stops. Based upon the conclusions of the transit study. the City will work with Palm Tran to program recommended actions and modifications to the existing transit system within the CRA boundaries. Increase the City's public transit mode split for work trips to four percent as an effort to reduce motor vehicle use and traffic congestion. Based upon the 2000 Census, the public transportation mode split was 1.53 percent of all work trips by Boynton Beach residents. Promote a pedestrian- and bicvcle-friendlv environment bv providine adequate facilities. such as wider sidewalks. buffers from travel lanes. shade trees, shorter crossine distances, Iiehtine, refuees in laree intersections, bike lanes, and bicvcle parkine, for pedestrians and bicvclists. Measure: Leneth of sidewalks provided, leneth of bicvcle paths and lanes provided, and leneth of multi-use paths provided in the City. Promote a pedestrian-friendly environment on streets within the TCEA and the CRA by providing adequate and comfortable facilities. By Januarv 2007, the City shall complete an inventory of existing bicycle tacilities within the City and place such an inventory in a geographic information system (GIS) to assist City staff identify gaps and priorities. Policy 2.] 2.3 Policy 2.12.4 Policy 2.12.5 Policy 2.12.6 Policy 2.12.7 By January 2005. the City will complete a citywide bicycle facilities study for providing an interconnected bicycle system with the City that connects local residcnts and visitors to the area with maior dcstinations. By January 2007. thc City shaH identify aH street segments within the TCEA and the CRA that are not currently designated with in-street bicycle facilities and detennine the most appror>riate design to accommodate such transportation, where appropriate. By January 2007, the City shall conduct an inventory of the existing maior street network within the TCEA and the CRA to identify hazards and barriers to bicyclists and prcparc a plan for removing or mitigating such impediments. The City shall provide routine maintenance programs for all designated bicycle and pedestrian facilities within the TCEA. Maintenance shall include, but not limited to, swccping of bicycle lanes. and filling potholes. Increase the number of work trips by bicycle within the City bv one percent by 2010. Bascd upon the 2000 Census. work trips by bicycle accounted for 0.45 perccnt of all trips by Bovnton Beach residcnts. , Boynton Beach Call1lllt.:-~ I n I ~g~~ I fMl\ UI tJI5 EEHH- ~ ~~BHHffi~ Ie ~ l ffitffiHImHlfIHHIEBHHffi ~ ~ <U / 1111111111111 IITIIlllIJ~~'OIIJ ~ ~ 11111111111111\hl H DDIIIIIIIIllJ ~ ~ IIIIIIIIIIIIIIITDIIJ ~~ ~IIIIIIIIII .133 UOTIJII[illJ]]r: ==:3 'B P; It 11IIIII1 IIIII~ Ib:2T;'~J ~ I 1~[][J B1lIIllJIIIIIIIJ ==' [IJ l- I I " 1IIIo:rrm II · G\L.B I F{J rnIIIIIIIIlIIII;;;:c:" R I \ I I ~~B~~~ ~~~ ~::li!IIIlIILLL\Y= t. j 8~cmm~ifut3 ,r ~Eill:J::lli1:idt:m ~ I I U , .s' l:Iitt3m~ =if I m I~ 'm ~ HI 1111I1 m~~.m ~~gam ~~ ~ ~f- ~=lj& B~ B 1111111 ~~~~ CJ&fBilIJ I mil I r!ImIl8EJ3 B3JITJ I II ~fEBEB mEB:3 Fl ~'IIIIHITIllJITIIDI I ~dl6ij D \9ttm~~~ I 6M3iJ B~ E5IIlLJ1 ~~~BHrl5ffijfEPE ~g B~ ~L - ~ e HffiffiB I'I UUlU ItlIHRfJ ffiillffi853 ~I ~ 'lil ~[I\lllllllllllIlllllllrmrnm OIIIIIIIJfTl _ '" DJIIIII]J D. I III I . 11111111 [[]]]IE ITIIIIIIU o::::J "- - ~==...EB~I~ ~, II UI',IIIII,II\\lnllmRffiJ E:Hmm1J11m:i=Jrnp rTTTllT1 nJIIID 0 11111/111 mmm ~J~ EB IT'] V f-J _a__ ~rg!JC EHffiEJ EffiIfI3 ffiIm]J EHEIEB - ! ~EEHffiffiEE3~ ~ ~.~ i Figure 2 Proposed TCEA Boundary / ~ ) Source: GIS information provided by the City of Boynton Beach w4E S o Legend D Proposed TCEA Boundary 0.1 0.2 0.3 Miles o ~ II I I II I I I II I I II I III II I I I I I I II I I II I I I III fllll1 lIT! HIIIII III :;;:;;~- ~ ~wmDJ L JC == )~ III H ( /11+:17/ 2 .U1Tf\ 'i ,r ~',cj '-III r 1= i-- I ~ City of _ :~:~on ~_n I\rnley-Hom ~_U and Associates, Inc. 044349005 January 2005 DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 04-166 TO: Chair and Members Communi~1t_~ent Agency Board Dick Huds~nior Planner Michael W. Rumpd\.\'~': Director of Planning and Zoning FROM: THROUGH: DATE: June 30, 2004 SUBJECT: Functional Classification Map Amendment (CPTA 04-004) INTRODUCTION The existing Functional Classification of Roadwavs Map (Fiaure 4) (see Exhibit A) in the Transportation Element support documents was amendded with the EAR related amendments in June 2000. The map was based on the Palm Beach County Functional Classification Map from 1996, Since that time, the County's map, which is based on the State Classification Map, has been updated using a different legend than that used in earlier versions of the map. Staff is also proposing the addition of two local streets to be designated "Local Collector" roadways, a classification that does not appear on State or County maps since the designation of Local Collector roads is a prerogative of the City. Those two streets are Southeast 4th Street between Boynton Beach Boulevard and Southeast 1th Avenue, and Martin Luther King Junior Boulevard between Federal Highway and Sea crest Boulevard (circled on attached map, Exhibit B). PROCEDURE As with all Comprehensive Plan text amendments, changes to the Plan's support documents are restricted to the twice-yearly cycles of "Large-Scale" amendments, Following approval by the City Commission, they will be transmitted to DCA and other state, regional and local agencies for review and comment prior to final adoption, ANALYSIS By definition, "Local Collector" roads are designed to carry moderate volumes of traffic from other collector roads and local roads to the arterial road network. They generally carry traffic originating in one location within a municipal boundary, destined for another location within the municipality. Both of the roadway segments that are being designated function in accordance with the definition. The designation of these two roadways will support redevelopment through implementation of redevelopment plans. Future rezoning of parcels fronting on these roadways to the Mixed Use- Low Intensity zoning district will allow redevelopment of these properties to occur at a maximum of forty-five feet (45') in height and up to twenty dwelling units per acre (20 du/ac), Page 2 File Number: CPTA 04-004 Functional Classification of Roadways Map This intensity of development is consistent with adopted redevelopment plans for the areas and is not intended for parcels with frontage on local streets, RECOMMENDATION Staff recommends approval of the proposed amendment to the Functional Classification of Roadways Map (Figure 4), found in the Support Documents for the Transportation Element of the Comprehensive Plan. The amendments to the map utilize the same designations used by Palm Beach County and the designation of two segments of roadways as "Local Collector" roads will enable redevelopment of two areas of the City consistent with adopted redevelopment plans. AlTACHMENTS S:\Planning\SHARED\WP\SPECPROJ\CPTA\04_004 funct.Oass Map\STAFF REPORT CPTA.doc ...J @ ~ ! SH EXHIBIT "A" CM IfTPOl.UXO ffi eM CM 1(/ I I'hl I ~ ~. I~ ~\ I ~ / I ~ I . t'; I ~ . I / / I g 1.1 .I "- I/~/ ;81 .; ; I;. . . I ;;/ . . I e,':II~1 CM -; I f, I -; I' f. . ;1 ~ I I-;~I I ~ ' ;. I ;1 . I i I I 15 Ii! g << o 12 ill' u u u u !f I 1<l1t011<l L Ij Mlk'm III ee c, c 11 AVE H ec u u e ('\ lE x '" u ~ ~ t,., ~ <::, lUl BOV1(1lJllll . cc cc BOYlfTlJl : SH i1 & BLYD SH SH SH DC B CH ~ .. ... tl ! L[") en I lU > '" ~ "., "- ~ ~ u u i ('\ 5 u HOOl.BIU 61fT AJ 'J "- ~ ec CC?3 AYE S ~ l:J XlV[ ec ti LEIEHD ~ SI' - SlATE P!I1HC1PAL AR1ElllALS SH - STATE "lH~ ARlEllJAL! CM - ClUfTY "lH~ ARlElllAUl ec - ClUfTY CCUEClOAS SOURCE: 1996 Compo Plan EAR, C - C1T'/ CCUEClcm L - LOCAl. CtU.EClOAS - H01 ~. STATE CUSSIF1CATllJl No<. TO S<:::III~ BOYNTON BEACH CDMPREHENSIVE PLAN Larue Planning & Management Services, Inc. Functional Classification of RoadwaY$ Fort Myers, Florida, 2000 . FIGURE 4 H ,--, - : .......,,1 I I. i ---I i .---~--' i i ------j __..r.dINE Lr~i : i , , ...-: j , : n_J -..-, ! ! ! r--.i , i i r-' . . L__~.J , l.._.! ., U~PAO ,- WOO BRIG GOLF RD -, i SW2 RDAV o : u ,; > ii " " o ~ . ~ go !O : / , , V '::I . 8 ~ r~---~ r ! w > oct U-MIN - OlL U-MIN U-COL , "1 -" i r--------------------- , , , , i i __I L.________.._______..__________ ______ J7 ~ ~ g I ~ I! GU~f_~ ~ ,r""'.. / -- ~<~ ~' \ ("" ! 'I; l - III (') o Z Gl ;Ill m = ~ m LEGEND u - PAl: Principal Arterial, Interstate U . PAO, Principal Arterial, Other U - MIN. Minor Arterial U - COLL, Collector L.. Local Collectors ..not on State Classification U-MIN ~ -I III .... L(I,) ----I ~ L, U ' ~ ! I/) Miher Rd Z U-CrLL .....--.. ... ... o ~ : :) U-MIN BOYNTON BEACH COMPREHENSIVE PLAN FUNCTIONAL CLASSIFICATION OF ROADWAYS 2000.2010 EXHIBIT "B" -------7 i ! i i j i j i Jr B~Vd i ! i oJ III o z ... ... o " ,; i i f___ ... ... o y '" w.' , ~ 8501.700 3.400 5.100 6,8~et FIGURE 4 XII. - LEGAL ITEM A.9 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 Meetim! Dates in to City Clerk's Office D December 7, 2004 November 15, 2004 (Noon.) D February 1, 2005 January 17,2005 (Noon) D December 21, 2004 December 6, 2004 (Noon) [gJ February 15, 2005 January 31, 2005 (Noon) D January 4, 2005 December 20, 2004 (Noon) D March 1,2005 February 14, 2005 (Noon) D January 18,2005 January 3, 2005 (Noon) D March 15,2005 February 28, 2005 (Noon) ,,'j ~~ ,:')--oj 1 ---i-< D Administrative D Development Plans ~1 -:'::J rq D Consent Agenda D New Business r:.--:; -).....q NATURE OF I ,-::) AGENDA ITEM D [gJ c..) ;C:) Pnblic Hearing Legal ~-< D Bids D Unfinished Business -ry .J --f (::-J D D "', -',~ Announcement Presentation C) q -qm D City Manager's Report en "--Pl -..J ~-~-?> , 'n :t: RECOMMENDATION: Please place this request on the February IS, 2005 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission reviewed and approved the request on February 1,2005 under Public Hearing and Legal, Ordinance - First Reading, subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-006. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Quantum Park NOPC #15 (DRIA 05-001) Eugene GerHca, Quantum Group of Companies MFT Development, Inc. West side of interstate 1-95, between Miner Road and the Boynton (C-16) canal Request for Development of Regiona11mpact Amendment (DRIA) to allow an increase in the maximum number of dwelling units permitted under the development order from 1,000 to 1,105 dwelling units. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Deve1 ~ \~PQ j. r. ~ ".' City ~lgnature - .-. 1-7 ~ .f1...-. /.,-' ~ ---" Planning and Z~ Director City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\Quantum Park NOPC #15-MPMD\Agenda Item Request Quantum Park NOPC #15 DRlA 05-001 2nd reading 2- 15-05.dot S,IBULLETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 05- 013 2 AN ORDINANCE OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, AMENDING ORDINANCE NO. 84- 4 51, AS SUBSEQUENTLY AMENDED, OF THE CITY OF 5 BOYNTON BEACH BY ADOPTING AN AMENDMENT 6 TO THE QUANTUM PARK DEVELOPMENT OF 7 REGIONAL IMPACT, KNOWN AS THE QUANTUM 8 PARK DRI DEVELOPMENT ORDER, BY MODIFYING 9 THE MASTER PLAN TO INCREASE THE NUMBER OF 10 DWELLING UNITS PERMITTED UNDER THE 11 DEVELOPMENT ORDER FROM 1000 TO 1105 12 DWELLING UNITS; PROVIDING FOR A SAVINGS 13 CLAUSE, REPEALING PROVISION, AND PROVIDING 14 AN EFFECTIVE DATE. 15 16 17 WHEREAS, Quantum Park of Commerce ("Quantum Park Pill") is a partially buiIt- 18 out Development of Regional Impact ("DRl") comprised of 553.13 acres, zoned Planned 19 Industrial Development ("PID"), and located on the west side of Interstate 95, from Miner 20 Road extended south to the Boynton C- J 6 Canal; and 21 WHEREAS, MFT Development, Inc. is requesting an amendment to the Quantum 22 Park DRl Development Order, adopted by the City Commission of the City of Boynton 23 Beach December 4, 1984 under Ordinance No. 84-51, and subsequently amended by 24 Ordinance Nos. 86-1 J, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02, 01-54, 25 02-54 and 04-77 ("Development Order"); and 26 WHEREAS, the proposed Amendment, referred to as Amendment #15 proposed 27 amending the Master Plan for Quantum Park to allow an increase in the number of dwelling 28 units permitted under the Development Order from 1000 to 1105 dwelling units on the real 29 property located in Palm Beach County, Florida, and more particularly described in the 30 attached Exhibit "A"; and S:\CA\Ordinances\DRI\DRI Amd NOPC15.doc Page 1 1 WHEREAS, MFT Development, Inc. has submitted a Notice of Proposed Change 2 ("NOPC") in accordance with the requirements of Section 380.06(19), Florida Statutes, said 3 NOPC to be reviewed by the Florida Department of Community Affairs ("DCA"), the 4 Treasure Coast Regional Planning Council ("TCRPC"), and the City; and, 5 WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter 6 City Commission), the governing body of the local govermnent having jurisdiction, pursuant 7 to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider 8 NOPCs; and 9 WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and 10 Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the 11 Department of Community Affairs and the TCRPC; and 12 WHEREAS, this City Commission has reviewed this matter on February 1, 2005, 13 and on Febrnary 15, 2005, held a duly noticed public hearing on the Application, and has 14 heard and considered the testimony taken thereat; and 15 WHEREAS, the Treasure Coast Regional Planning Council has reviewed the NOPC 16 and pursuant to the procedures of Section 380.06, Florida Statutes has determined that the 17 proposed changes will not create additional regional impacts; and 18 WHEREAS, this City Commission has received and considered the report and 19 recommendations of the Planning and Development Board ofthe City of Boynton Beach; and 20 WHEREAS, this City Commission has made the following FINDINGS OF FACT 21 AND CONCLUSIONS OF LAW with regard to the MFT Development, Inc. application for 22 an amendment to the Quantum Park DR! Development Order; S:\CA\Ordinances\DRI\DRI Amd NOPC15.doc Page 2 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 3 Section 1. 4 herein by this reference. 5 Section 2. The foregoing Whereas clauses are true and correct and incorporated That the City Commission of the City of Boynton Beach, Florida 6 makes the following findings of fact regarding the Notice of Proposed Change submitted by 7 MFT Development, Inc., the "Master Developer" related to the an amendment to the 8 Quantum Park Development of Regional Impact, previously approved by Ordinance No. 84- 9 51, and subsequently amended by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 10 96-65,97-20,99-05,00-02,01-54, aM 02-54 and 04-77; and 11 FINDINGS OF FACT 12 13 14 15 16 17 18 19 20 21 22 23 B. C. A. The proposed development is not in an area of critical state concern designated pursuant to the provisions of Section 380.05, Florida Statutes; A State Comprehensive Planning Document has been recognized by the legislature as an advisory policy document for the entire State of Florida, and the proposed development does not unreasonably interfere with the achievement of the objective of this advisory policy document; The proposed amendment to the Development of Regional Impact Order (DRI) Development Order will be consistent with the corresponding amendment of the adopted comprehensive plan for the City of Boynton Beach and are, or will be, consistent with the local S:\CA\Ordinances\DRI\DRI Amd NOPC15.doc Page 3 1 land development regulations, subject to conditions outlined herein 2 and Part III, Land Development Regulations ofthe City of the Boynton 3 Beach Code of Ordinances; and 4 D. The proposed development will be consistent with the proposed 5 amendment tfle submitted to and reviewed by the Treasure Coast 6 Regional Planning Council pursuant to Section 380.06(8), Florida 7 Statutes. 8 9 CONCLUSIONS OF LAW 10 It is hereby determined by the City Commission of the City of Boynton Beach, 11 Florida, in a public meeting, duly constituted and assembled this 15th day of 12 OctoberFchruarv, 20042, that the Notice of Proposed Change to the Quantum Park 13 Development of Regional Impact submitted by the Master Developer is hereby ordered 14 Approved, subject to the provisions of this Ordinance and the Conditions of Approval 15 attached hereto as Exhibit "B", 3nd incorporated herein by reference. 16 I. That this amended DRl Development Order shall constitute the Development Order 17 of this Commission issued in response to the Notice of Proposed Change for the 18 Quantum Park DR! filed by the Master Developer. 19 2. That the definitions found in Chapter 380, Florida Statutes shall apply to this 20 amended DRI Development Order. 21 3. That the Development Order shall be amended to modify the Master Plan dcsigBation 22 of ccrtain lots subject to_of the Quantum Park DR! Development Order, as follows: 23 The Master Plan designation of Lots 17,21, 50}\, and 52 is changed from 24 Office/Industrial (01) land use to Office/lndustrial (OJ) and Imhlstrial with S:\CA\Ordinances\DRI\DRI Amd NOPC15.doc Page 4 1 Retail Sales (ll'lD'R). designation of the maximum number of dwelling units 2 allowable within the areas designated for "Mixed Use (MU)" development 3 shall be increased from 1.000 to 1.1 05 dwelling units. 4 5 The Manter Plan desigBation of Lots 81 and 82 is cB8.Bged ffBm a 6 Officc/lndustrial/Commcrcial (Ole) land llse to Governmental & Institutional 7 (G&l). 8 9 10 11 12 13 4. That this amended DR! Development Order shall be binding upon the Master 14 Developer and its assignees or successors in interest. It is understood that any 15 reference herein to any governmental agency shall be construed to mean any future 16 instrumentality which may be created and designated as successor in interest to, or 17 which otherwise possesses any of the powers and duties of any referenced 18 governmental agency in existence on the effective date of this amended DRI 19 Development Order. 20 5. That in any event that any portion of section of this amended DRI Development 21 Order is determined to be invalid, illegal or unconstitutional by a court of competent 22 jurisdiction, such decision shall in no manner affect the remaining portions or 23 sections of this amended DR! Development Order, which shall remain in full force 24 and effect. 25 6. That the approval granted by this amended DR! Development Order is conditional. 26 Such approval shall not be construed to obviate the duty of the Master Developer to 27 comply with all other applicable loeal or state permitting procedures. S:ICAIOrdinancesIDRIIDRI Amd NOPC15.doc Page 5 1 7. The amendments proposed by the Master Developer do not create any additional 2 impacts and therefore do not constitute a substantial deviation under Chapter 380.06, 3 Florida Statutes. 4 8. Actual development phasing will depend upon economic circumstances and Master 5 6 7 Developer's internal business growth. Any proposed development described in the Notice of Proposed Change are for planning purposes only and the actual development schedule may vary therefrom. 8 9. The amended DR! Development Order set forth in Section 1 hereof shall become 9 effective upon adoption of the ordinance amending the land use designations f{)r 10 certain Lots designated maximum number of dwelling units allowable within the 11 areas designated for "Mixcd Use (MU)" ii'om 1,000 to 1.1 05 dwelling units in the 12 Master Plan, provided such date shall be extended until completion of appellate 13 procedures, if any, relating to the issuance of this amended DR! Development Order. 14 10. Copies of this Ordinance incorporating the amended DR! Development Order 15 amending the land use designation of the subject property to Development of 16 Regional Impact shall be transmitted immediately by certified mail to the Division of 17 Community Planning, the Treasure Coast Regional Planning Council, and the Master 18 Developer. 19 11. Except as otherwise amended herein, the Development Order shall remain in full 20 force and effect. 21 22 Section 3. Except as provided herein, the Master Developer shall proceed in strict 23 accordance with all ordinances of the city of Boynton Beach, including, but not limited to, its S:\CA\Ordinances\DRI\DRI Amd NOPC15.doc Page 6 1 building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and 2 regulations of the State of Florida Department of Environmental Protection. 3 Section 4. That should any section or provision of this Ordinance or any portion 4 thereof be declared by a Court of competent jurisdiction to be invalid, such decision shall not 5 affect the remainder of this Ordinance. 6 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby 7 repealed. 8 Section 6. This ordinance shall become effective immediately upon its passage. 9 FIRST READING this ~ day of Fe6ruo.-r1 ,2005. 10 SECOND READING and FINAL PASSAGE this ~ day of ,2005. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: 28 29 30 31 City Clerk 32 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\Ordinances\DRI\DRI Amd NOPC15.doc Page 7 DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 05-006 TO: Chair and Members Planning and Development Board THROUGH: Michael Rumpi)(C!-.- Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: January 12, 2005 SUBJECT: Quantum Park - DRIA 05-001/MPMD 05-006 Master Plan Amendment #15 NATURE OF REQUEST Quantum Park of Commerce (a.k.a, Quantum Park PID) Is a partially built-out Development of Regional Impact (DRI) comprised of 553.13 acres, zoned Planned Industrial Development (prO). It Is located on the west side of 1-95, between Miner Road extended and the Boynton Canal - (C-16), (See attached exhibit "A" - Location Map), The applicant, MFT Deyelopment, Inc. Is requesting an amendment to the Quantum Park DRI Development Order (0.0,) adopted December 4, 1984 by Ordinance No. 84-51. The original D,O, was subsequently amended 13 times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10,94-51,96-33,96-65,97-20,99-05,00-02, 01-54, 02-54 and 04-77, The City Commission denied Amendment #11 on February 20, 2001. The current Master Plan for Quantum Park Is provided In Exhibit "B" - Existing Master Plan. Amendment #15 proposes amending the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units In the Master Plan, The requested change is depicted in Exhibit "C" - Proposed Master Plan and described as follows: NOTE #2. Development of the following Land Use classifications should not exceed the following intensities without further City approval: - Residential - 1 ,105 dwelling units BACKGROUND An amendment to a Development of Regional Impact (DRI) Is first and foremost govemed by Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) In accordance with the statutory requirements. The NOPC Is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (RPC) and the City. The DCA and the RPC are reviewing the proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06 (19). Quantum Park - DRIA 05-001/MPMD 05-006 Memorandum No. PZ 05-006 The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review by the Planning and Development Board of an amendment to a DRI. Chapter 380.06 F.S. requires that the local governing body hold a public hearing to review and approve the NOPC. The City Commission is required to determine whether the proposed change to the Quantum Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined that the requested change is a substantial deviation then further reyiew will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change. The original DRI Development Order adopted a Master Plan for Quantum Parle That Master Plan has been amended over the years, the most recent change being approyed on October 4, 2004. The proposed Amendment #15 amends the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" in the Master Plan. Therefore the review of the DRI amendment also constitutes a reyiew of the change to the Master Plan for Quantum Park. In addition to the state statutes. staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. First review comments were generated and the Technical Review Committee (TRC) reviewed the Master Plan change on January 4, 2005. ANALYSIS Notice of ProDosed Chanae (NO PC) - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that two (2) of the criteria apply to the proposed change for Quantum Park DRI. This criterion, which is applicable for review of this proposed change is provided in Chapter 380.06(19)(e)5., which states: "The following changes to an approyed development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence" . 1. Chapter 380.06(19)(b)9., An Increase in the number of dwelling units by 5 percent or 50 dwelling units, whichever Is greater. The proposed change entails the addition of 105 residential dwelling units to the 1,000 currently approved, for a total of 1,105 dwelling units. The proposed change exceeds this threshold. Howeyer, the proposed change also eliminates the previously approved 4,000 seat movie theater. In this case, the criterion outlined in Chapter 380.06(19)(e)5.c. applies. 2. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within an authorized multiuse development of regional Impact which was originally approved with more than three uses specified In 380.0651 (3)(c), (d), (f) and (g) and residential use. As part of the NOPC application the applicant is to complete a "Substantial Deviation Determination Chart". The applicant has provided an updated chart. While Amendment #15 does not involve changes to any land use categories, the addition of 105 dwelling 2 Quantum Park - DRIA 05-001/MPMD 05-006 Memorandum No. PZ 05-006 units on the Master Plan is linked to the removal from the Master Plan of the 4,000 seat movie theater originally approved in NOPC #9. These changes are reflected in the "Notes" section on the Master Plan. The proposed increases and decreases are presumed to maintain the yested traffic generation level of 63,752 average dally trips (ADT). The traffic consultant for the applicant, Pinder Troutman Consulting, Inc., concludes that the simultaneous increases and decreases in allowable intensities associated with NOPC #15 results in no increases in approved daily and peak hour trips. As of the release of this staff report, the City has not received a response from Palm Beach County Traffic Engineering regarding the proposal's compliance with the Traffic Performance Standards. Conclusion The proposed changes delineated in Amendment #15 are determined not to be a substantial deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a non-substantial deviation finding. This determination is subject to satisfying Condition of Approval #1 regarding Palm Beach County Traffic Perfonnance Standards. Master Plan Modification The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park DR!. There is only one (1) change proposed. The applicant provided the following descriptive summary of this change: Request for Master Plan Modification approval to allow an increase in the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1 ,000 to 1,105 dwelling units. The NOTES section of the Master Plan would be revised as follows: "Residential-1, 105 dwelling units" (changed from 1,000) "One Movie Theater Seat - 40 square feet of office gross floor area" (eliminated) "One Movie Theater Seat - 60 square feet of industrial gross floor area" (eliminated) The elimination of the references to the Movie Theater, which was approved in NOPC #9, is proposed to offset any potential traffic impacts associated with the addition of 105 dwelling units to the Master Plan. These proposed changes are presumed to maintain the vested traffic generation level of 63,752 average daily trips (ADT). The traffic consultant for the applicant, Pinder Troutman Consulting, Inc., concludes that the simultaneous addition of 105 dwelling units and elimination of the 4,000 seat movie theater proposed in NOPC #15 results in no increases in approved daily and peak hour trips. All categories on the Land Use Acreage Table remain unchanged in Amendment #15. The Quantum Park DRI acreage total of 553.13 also remains unchanged. The Quantum Park DRI has been amended 13 times oyer the years, which is not unusual for a DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions". 3 Quantum Park - DRIA 05-001/MPMD 05-006 Memorandum No. PZ 05-006 Originally, in the review of NOPC #10 back in the year 2000, staff was opposed to the conversion of valuable industrial land to residential uses. The City had considerable acreage for residential purposes, but the amount of vacant industrial land, especially larger tracts that could accommodate business and industry that creates jobs, generates substantial property taxes and requires fewer City services, was in short supply. The applicant indicated that they understood the concerns of the City and that they would limit the amount of residential in an effort to assure that staff's fears of loss of industrial land would be minimized. The applicant has now submitted NOPC #15 (the subject of this review) to add 105 dwelling units. In this case however, the applicant has committed those 105 dwelling units to parcels designated as "Mixed Use (MU)", which does not entail any further conyersion of industrial land. Their request will likely only result in the shifting of the mix of uses within a mixed use pod, preserving the valuable and scarce industrial land . The proposed change to the Master Plan was analyzed from two perspectiyes. The first is the potential for creating additional regional or local impacts, The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensiye Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. Impacts Reaional A development has gone through the DRI process because the projected impacts are considered regional in nature, Any change to that deyelopment must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there will be an increase in traffic resulting from the land use redistribution/re-designation. A provision in Amendment #8 to the Quantum Park development order requires that" A traffic study shall be submitted with any future application requesting a change in use designations on any lot. A cursory review of the traffic study was conducted by staff during the Technical Review Committee (TRC) process. Additionally, the applicant has transmitted the traffic study to the Palm Beach County Traffic DiYision for their customary review and approval. Based on the TRC review of the Master Plan, including the traffic study, no additional regional impacts are evident. The vested number of trips, 63,752 is presumed to remain unchanged due to the balancing of increases and decreases in the intensities of the proposed change in uses. The Palm Beach County Traffic Engineering Division has not completed their review at this time. The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning Council (TCRPC) focus their review of the amendment on regional issues exclusively, Staff has not yet received a formal written response from DCA, however TCRPC has responded that the proposed changes will not create additional regional impacts, Local The focus of the substantial deviation determination is regional impacts. The development order for the DRlls a local order and the approval of any requested change is within the jUrisdiction of the City. As such, the City's main focus is local Issues and impacts. There were no significant local issues identified by the TRC members at this time. The Utilities Department has indicated 4 Quantum Park - DRIA 05-001/MPMD 05-006 Memorandum No. PZ 05-006 that any unforeseen impacts to the water and sewer systems and related levels of service will be borne by the developer. The updated Traffic Impact Analysis submitted with the request for amendment indicates that there will be no increase in the allowable intensities of development. The traffic generation levels will remain within the limits for which the DRI is vested. Turning movements and signalization issues can be evaluated and addressed at the Technical Site Plan stage, Drainage will also be reviewed in detail as part of the Technical Site Plan approvals, and must satisfy all requirements of the City and local drainage permitting authorities. Consistency and Compatibility with City Policies The change proposed by the applicant does not present any issues that are contrary to City policies. The proposed change is discussed below: On Lots Desianated "Mixed Use (MUI - Amendment #15 proposes amending the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1 ,105 dwelling units in the Master Plan. The lots containing the "Mixed Use (MU)" designation are noted as follows: Lots 7-11 & 23-31: These lots are located on Quantum Boulevard, north of Gateway Boulevard and were approved for a townhouse development by DR Horton in 2002 known as Quantum Townhomes East & West (now called Parkside). This project is nearly built-out. Lots 59-61 & 101: These lots are located on Quantum Lakes Driye, south of Gateway Boulevard and were approved for a rental apartment development by Olen Development in 2000 known as Quantum Lakes Villas. This project is complete. Lots 62-67 & 100: These lots are located on the south side of Gateway Boulevard, just west of High Ridge Road and were approved for an office, retail and rental apartment development by Olen Deyelopment in 2002 known as Quantum Park and Village South. The rental apartment component of this project is under construction. Lots 83-88 & 89-B: These lots are located on the north side of Gateway Boulevard, just west of High Ridge Road and were approved for an office, retail and townhouse development in 2002. The townhouse project (now called Canterbury) is actually on both sides of High Ridge Road, north of Gateway Boulevard and is currently under construction by Westbrooke Homes. The total acreage of the above-noted projects and designated for "Mixed Use (MU)" within Quantum Park is 94.86 acres, which is approximately 17% of the total acreage of the DRI (553.13 acres). It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be able to take advantage of the additional 105 dwelling units would be either Quantum Park and Village South or Quantum Park and Village North, since the office and retail components of these projects has not begun construction. The subdivision master plan for either of these sites would require a formal modification and review in front of the Board and City Commission to incorporate the additional units while reducing other approved uses on the site. Based upon discussions staff has had with Olen Development, they would intend to amend the plans for Quantum Park and Village South to accommodate the additional dwelling units, while redesigning the office and retail components. 5 Quantum Park - DRIA 05-001/MPMD 05-006 Memorandum No. PZ 05-006 Lastly, the applicant also requested an increase in the building height allowed for "Mixed Use (MU)" designated parcels, from the existing 45 feet to a maximum of 60 feet. Staff indicated that height was not a characteristic of the ORI or Master Plan and that height limitations were located within the Planned Industrial District (PID) regulations. Therefore, the height request will not be addressed in the NOPC. The applicant has been instructed that, should a change be proposed to the height limitation, a Code Reyiew (CDRV) request, justification and review fee must be submitted to amend the PID regulations. Conclusion As indicated herein, the impacts of the proposed ORI amendment on the utility systems, roadways and public facilities are either within the existing capacities or additional provisions will be required of the developer to ensure that levels of service standards are not compromised. The proposed amendment is consistent with City policies and appears compatible with surrounding land uses. RECOMMENDATIONS Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review. Therefore, staff recommends approval of DRIA 05-001 subject to the Conditions of Approval attached in Exhibit "0". Regarding the proposed modifications to the Quantum Park Master Plan staff recommends approval of request for Master Plan Modification to allow an increase in the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1 ,000 to 1,105 dwelling units, subject to the Conditions of Approval attached in Exhibit "0". S;\PLANNING\sHAREo\WP\PROJECTS\QUANTUM PARK 2005 AMEND #15+ MPMD\ORIA 05-001\STAFF REPORT #15.DOC 6 I ~I ilfil li.~ !g.~ ~ !~ i w~ . I . I I III' ,.!. i I t ~ , I . . I EXHI BIT B i ,,,;," Ii If I 111",&11."1 : 1!lIil ,. l'iil"lp~ r !!It 'JlI dl,ll I. I~: III!., &I!' Iii !!III I ~ Hf------------- COHOAESSAVEHUE ------------- -If -------- . I I I I I I I I I I I I ,....- I -, ., " i r . i 'MMl' ,,-1 Q(ft:\ " I I 1,1 I q ~ I I I ---------4 " 1'1; I I,n II''''''!'I i ..II lllijl I a CCall;lIIR1 I 111.11111I . I i I ~ . I JI~ I . i I i, i! E ~ J 1 .... " I I I II .. I I. i II I I .41\..\ ., ~II''';III ! 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EXHIBIT "D" Conditions of Approval Project name: Quantum Park NOPC # 15 Pile number: DRlA 05-001/MPMD 05-006 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Connnents: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: I. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) S.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Provide notice of concurrency (Traffic Performance Standards Review) from X Palm Beach County Traffic Engineering. 3. Provide notice of school concurrency from Palm Beach County School X Board for the additional 105 residential dwelling units being requested. 4. Amend the Substantial Deviation Determination Chart under "Attraction X and Recreation" to reflect a "0" below the heading of "Proposed Change" instead ofN/C for the 4,000 seat movie theater. 5. Height is not a characteristic of the DRI or the Master Plan. Height limitations X are located within the Planned Industrial District (PID). Therefore, the height request will not be addressed in the NOPC. If a change is proposed to the height limitation, a Code Review (CDRV) request, justification and review fee must be submitted to amend the PID regulations. 6. The applicant is asked to acknowledge that the City is currently in litigation X rel!:arding heil!:hts exceedinl!: 45 feet ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Quantum Park NOpe #15-MPMD\COA.doc to XII. - LEGAL ITEM 8.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin2 Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office D December 7, 2004 November 15, 2004 (Noon.) D February 1,2005 January 17,2005 (Noon) D December 21, 2004 December 6, 2004 (Noon) [gJ February 15,2005 January 31, 2005 (Noon) D January 4, 2005 December 20, 2004 (Noon) D March 1, 2005 February 14,2005 (Noon) D January 18, 2005 January 3, 2005 (Noon) D March 15,2005 February 28, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing [gJ Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the February 15, 2005 City Commission Agenda under Legal, Ordinance - First Reading. At the request of the Commission, the Planning and Development Board reviewed this request on January 25, 2005 and the Community Redevelopment Agency Board reviewed it on February 8, 2005 and return it with recommendations for approval. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-292. EXPLANATION: PROJECT: AGENT: LOCATION: DESCRIPTION: Chapter 22, Streets and Sidewalks (CDRV 05-005) City initiated - Engineering Division N/A Request for amendments to the Land Development Regulations, Chapter 22. Streets and Sidewalks related to street naming and renaming, construction of sidewalks, access to and work within public rights-of-way, and providing for appeals, work requirements and surety. PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A Planning and Zoning Dire S:\Planning\SHARED\ WP\SPECPRO]\CODE reading 2-l5-05.dot S,IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC ~ ~ City Manager Signature City Attorney / Finance / Hwnan Resources IEW\Streets and Sidewalks\Agenda Item Request Chapter 22,Streets & Sidewalks CDRV 05-005 2nd DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 03-292 TO: Chainnan and Members Planning & Development Board Michael W. RU~ Director of Planning and Zoning FROM: DATE: January 19,2005 SUBJECT: Land Development Regulations, Chapter 22. Streets and Sidewalks (CDRV 05-005) NATURE OF REOUEST At the initiative the City's Engineering Division, staff of the Planning & Zoning Division and Engineering Division jointly drafted revisions to Chapter 22. Streets and sidewalks of the Land Development Regulations. The subject revisions followed the update of technical standards and the establishment of the Engineering Division Design handbook. Topics of the subject revisions, in part, include street numbering, naming and renaming (Article I, Sections 1 - 1.4); sidewalk improvements (Section 5); the pennit process for work in rights- of-way (Article II. Sections 1 - 3); and insurance, bonding and other requirements (Sections 4 - Article ill, Sections 1 - Section 5). The proposed amendments also include necessary references to the established design standards such as minimum street width and construction standards. BACKGROUND The proposed amendments involve the Land Development Regulations; however, they principally affect processes that are administrative, or that involve pennitting post site plan approval. Based on this characteristic of the proposed amendment, staff did not construe them to be within the interest and jurisdiction of the advisory boards. However, upon review by the City Commission on May of 2004, the Commission acted to send them to this Board for consideration. No specific concerns were documented in the minutes of that meeting (see attached excerpt of meeting minutes) but just the decision for the document to be considered by the Board. ANALYSIS Staff has prepared no specific written analysis on the proposed amendments, which primarily entail the codification and formalizing of once administrative functions, and the formalizing of, and amendments to rules and regulations for work within rights-of-way. Although an appeal process is not new to the Planning & Development Board, it should be noted that this Board is only referenced on page 5 of 16 where the appeals process is described. This appeals process is intended only for those parties aggrieved by any decision of the director of public works regarding the requirement to construct a sidewalk(s) adjacent to private property. RECOMMENDATION Staff recommends that the Planning & Development Board support the proposed amendments to Chapter 22 of the Land Development Regulations. Exhibits S:lPlanningISHAREDlWPISPECPROJlCODE REVIEWlStreets and SidewalkslStaff Report.doc I ORDINANCE NO. 05-01L.\ 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 PART III, OF THE CITY OF BOYNTON BEACH CODE 6 OF ORDINANCES, ENTITLED, "LAND DEVELOPMENT 7 REGULATIONS", TO PROVIDE FOR THE CITY 8 ENGINEER TO TAKE ACTION WITH RESPECT TO 9 TECHNICAL SERVICES PROVIDED BY THE 10 ENGINEERING DIVISION OF THE DEPARTMENT OF II PUBLIC WORKS AS INDICATED IN EXHIBIT "A" 12 ATTACHED HERETO; AMENDING CHAPTER 22, 13 STREETS AND SIDEWALKS RELATING TO 14 PERMITTING OF WORK WITHIN PUBLIC RIGHTS-OF- 15 WAY AS IT MAY AFFECT PRIVATE PROPERTY 16 ADJACENT THERETO; AND THE PROCESSING OF 17 APPLICATIONS FOR PERMITS AS INDICATED IN SAID 18 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR 19 CONFLICTS, SEVERABILITY, CODIFICATION, AND AN 20 EFFECTIVE DATE. 21 22 23 WHEREAS, the City Commission for the City of Boynton Beach, Florida ("City 24 Commission") adopted Ordinance Number 095-02 on April 4, 1995, that revised and 25 consolidated the City's regulations governing the use and development of land and property 26 within the City, in the best interest ofthe City, its residents, property owners, and visitors: and 27 WHEREAS, the City Commission revised and consolidated the City's Land 28 Development Regulations ("LDR's") into a comprehensive part of the City Code of Ordinances 29 for ease of use and reference, as stated in Part III of the Code of Ordinances of the City of 30 Boynton Beach, Florida; and 31 WHEREAS, certain LDR's which established criteria, standards and specifications 32 require periodic amendments; and 33 WHEREAS, certain segments of the LDR's which reqUire determination for the 34 issuance of permits, signed statements, and permit approval as issued, signed and approved by 35 the City Engineer and/or the Director of Public Works; and I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 WHEREAS, the City Commission adopted Ordinance Number 02-033 on August 20, 2002, and Ordinance Number 03-018 on June 3, 2003, that revised numerous requirements of the LDR's as they then existed, requiring certain approvals, determinations and directives, associated with technical services, to be issued by the City Engineer; and WHERES, other requirements of the LDR's as they currently exists, requiring certain updating, determinations, directives, approvals associated with technical services, to be also issued by the City Engineer. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section I. The foregoing whereas clauses are true and correct and incorporated herein by this reference. Section 2. That Part III, entitled "Land Development Regulations" of the City of Boynton Beach Code of Ordinances, be, and the same is hereby amended so as to designate that additional actions associated with technical services provided by the Engineering Division of the Department of Public Works, shall be performed by the Director of Public Works and/or the City Engineer and indicated in Exhibit "A" which is attached hereto, and incorporated herein by reference. Section 3. That Part III, entitled "Land Development Regulations" of the City of Boynton Beach Code of Ordinances, be, and the same is hereby amended to provide for the deletion of obsolete language, clarification of provisions, renumbering, and re-Iettering of Part III, as indicated in Exhibit "A" which is attached hereto and incorporated herein by reference. Section 4. Each and every other provision of the Land Development Regulations of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. 1 Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby 2 repealed. 3 Section 6, Should any section of any provision of this Ordinance or portion hereof, 4 any paragraph, sentence, or work be declared by a court of competent jurisdiction to be invalid, 5 such decision shall not affect the remainder ofthis Ordinance. 6 Section 7. Authority is hereby granted to codify this Ordinance. 7 Section 8. The Ordinance shall become effective immediately upon passage. 8 FIRST READING is hereby approved by the City Commission of the City of Boynton Beach on this 15" day of Febtlln r I ,2005. APPROVED BY THE CITY Of BOYNTON BEACH CITY COMMISSION at 9 IO II Second and Final Reading and passage this day of ,2005. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: 28 29 30 City Clerk 31 32 33 (CORPORATE SEAL) 34 Mayor Vice Mayor Commissioner Commissioner Commissioner EXHIBIT "A" LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III * * * CHAPTER 22 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL Sec. 1. Street designation system. All streets, avenues or other thoroughfares for vehicular traffic shall be designated in accordance with city standards. Such designation shall be vested in the director of. dovolopHl6Ht public works who shall also maintain the city's master laHtl roadway file and allocate secondary street designations at his or her discretion. Sec.1.1 Street namine svstem. Street names shall be issued as per the request of the originator of the street (or roadway) except in the case of a section line, where roads will be given a route number in addition to the assigned name as determined by either the Florida Department of Transportation or Palm Beach County, whichever has iurisdiction of the street (or roadway). Proposed streets which are on the same aligmnent with other existing named streets. shall bear the same name of the existing street. All street names shall have a suffix and in no case, except as indicated in the preceding sentence, shall the name of the proposed street (or roadway) duplicate be phonetically similar to existing street names regardless of the use of the suffix - street, avenue, boulevard, drive, place, court, etc. A. Curvilinear streets shall be named on the same basis as other streets and shall carry the same name through their entire length. B. Streets crossing Ocean Avenue shall have north and south added to their names accordingly. C. Suffixes shall be limited in use as follows: North-South Direction East- West Direction Court Drive Lane Parkway Avenue Boulevard Place Road Page 1 of 16 CODING: Words in "trike threllgh type are deletions from existing law. Wards in underscore type are additions. Street Way The suffixes 'Boulevard' and 'Parkway' shall be reserved for arterials and collectors. The suffix 'Circle' is an option for either direction, however, it should be used as the name implies, i.e.. a curvilinear roadway. The use of 'Terrace' and 'Trace' shall be reserved for minor streets, cul-de-sacs, etc. Any other requested suffix shall be approved by the director of public works prior to its inclusion into any development. Sec.1.2 Vanitv street name chanees. A. Standard street name changes shall conform to the standards and requirements for naming streets as set forth in the preceding section, and shall be permitted only under the following circumstances: 1. In response to a City Commission directive, or 2. To eliminate duplication or confusion in street names, or 3. To reduce confusion in addressing. B. Name changes which do not meet the criteria above are considered "vanity street names" for the purposes herein and are permitted only under the following limited circumstances: I. The desired name will not create confusion; and 2. The desired name does not duplicate in whole or in substantial portion, the name of any existing street; and 3. All property owners abutting the road have signed a petition requesting the change and a completed application has been submitted to the Department of Public Works/Engineering Division; and 4. The established fee has been paid [$1.400.001; and 5. The entire length of the street must be renamed; and 6. The City Commissioners have approved the request. Sec. 1.3 Street numberine/addressine. Lot or parcel addressing for individual tracts of land shall be designated in accordance with the citv's Uniform Addressinf! Procedure policy. Such designation shall be vested in the director of public works or his designee, who shall also maintain the city's master roadway file. Page 2 of16 CODING: Words in strike tmaligh type are deletions from existing law. Wards in underscore type are additions. The addressing number system currently in use within the corporate limits of the city shall be maintained. For those lots or parcels located in the neighboring local government (Palm Beach County) that are or will be annexed into the city will, if possible, be assigned in a manner that maintains: 1. A logical sequence of numbers along the street or roadway on which the property is located, and as established in that neighboring government, and 2. A consistent pattern of separation of even and odd numbers. The establishing of the exact number of a particular lot or parcel entails the dimensions of the lot in question, and its distance from the nearest land line or street as given in the legal description. If the lot is on an East-West (E- W) street, it will receive an E- W number (even numbers on the south side of the street and odd numbers on the north side). If the lot is one on a North-South (N-S) street, it will received a N-S number (even numbers on the east side of the street and odd numbers on the west side). Sec.l.4 Vanity Street numberine/addressine. A. Street numbering and addressing for commercial and residential properties, shall be based on the City's grid system as described. B. Requested addresses which do not adhere to the City's grid system are considered "vanity addresses" for the purposes herein. are prohibited for residential uses and shall not be permitted for non-residential uses except under the following circumstances: 1. The entity requesting the "vanity address" is a prominent commercial entity and has a location which is widely recognized in the community; and 2. The requested number is not out of sequence with any existing numbers on the same street. (For example, the number 100 would not be permitted on a lot which is located between two existing lots with the addresses #500 and #550); and 3. the property; and Emergency Medical Services and the Post Office would be able to locate 4. An individual with the assistance of a generally distributed local street map would be able to locate the property without undue difficulty; and street: and 5. The requested address does not duplicate an existing address on the same 6. The requested address would, in no way, be iniurious to or infringe upon the existing rights of any other commercial entity in the County; and Page 3 of 16 CODING: Words in "lfike thre..gh type are deletions from existing law. Words in underscore type are additions. 7. The requestor has submitted an affidavit which acknowledges that the requested address may result in delays in mail delivery and service provisions; and 8. The established fee has been paid and the requestor has submitted a complete application to the Department of Public Works/Engineering Division; and 9. The City Commissioners have approved the request and have made a finding that the address request is related to a City goal. such as economic development. which takes precedence over the goal of maintaining the city's grid system. * * * Sec. 3. Minimum width of new or rebnilt streets. The minimum width of paving of all new or rebuilt streets shall be in accordance with Land De'/eloflHleRt ReglllatioRG current city standards. * * * Sec. 5. Certain construction activities; Sidewalks, when required. Prior to the issuance of any certificate of occupancy/completion for any improvement exceeding 70% of its current assessed property valuation, the owners of all undeveloped lots, platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewalk thereoR within the right-of-way in conformance with Chapter 6, Article IV, Section 10.T ofthe Land Development Regulations. This requirement shall also apply when a change in occupancy as defined in the Standara Florida Building Code occurs and/or when any building is reconstructed in an amount, which exceeds seveRt)' (70) fifty (50) percent of its current assessed valuation. A. No person shall improve any parcel within the city, except for accessory buildings and reconstruction or remodeling of existing buildings in any single-family or two-family zoning district, without first obtaining a sidewalk permit from the city engineer. B. No person shall construct any building, except for accessory buildings and reconstruction or remodeling of existing buildings or additions to existing buildings which amount to less than twenty-five (25) percent of the grOSS floor area of such building, in any zoning district in the city other than single-family or two-family districts, without first obtaining a sidewalk permit from the city engineer. C. The permits required by paragraphs A & B above shall be issued if one of the following requirements are met: 1. If any street abutting the property on which such construction is to occur is depicted on the map or schedule on file in the Public Works Department ofthe city as a street on which sidewalk construction is to be required, sidewalks shall be constructed along the entire Page 4 of16 CODING: Words in s!rilee through type are deletions from existing law. Wards in underscore type are additions. street frontage of such parcel; in the case of a corner lot, the sidewalk shall be constructed also along the access side. 2. If any street abutting the property on which such construction is to occur is not depicted on the map or schedule on file in the Public Works Department ofthe city as a street on which sidewalk construction is required, the property owner shall pay a fee equal to the cost to the city per square foot of construction of the sidewalk abutting the property, as such fee is determined annually by the director of public works. Such fees shall be utilized by the city for construction of sidewalks as provided in paragraph D hereof. D. The city shall establish four (4) accounts for sidewalk construction to be utilized only for construction of new sidewalks in the city. One (1) account shall be for construction of new sidewalks in the northwest quadrant (Commission District # 4) of the city; one (1) account shall be for construction of new sidewalks in the northeast quadrant (Commission District # 2) of the city; one (I) account shall be for construction of new sidewalks in the southeast quadrant (Commission District # 3) of the city; and one (1) account shall be for construction of new sidewalks in the southwest quadrant (Commission District # I). E. The director of public works shall prepare and update annually a map or schedule of streets or portions of streets of which construction of sidewalks is to be required. In addition, the director of public works shall administer the requirements of this ordinance and determine the streets or portions thereof on which sidewalk construction is to be required, pursuant to the City Commission policy with respect thereto. Such policy shall be on file in the office of the city clerk and, together with the annually revised map or schedule, shall also be on file for public inspection in the Public Works Department of the city. F. Any person aggrieved by any decision of the director of public works regarding construction of sidewalks abutting such person's property may appeal the decision within thirty (30) days of the date thereofto the Planning and Development Board (PDB), which shall hear and decide such appeal. Applications for such appeal shall be in writing, accompanied by a one- hundred ($100.00) dollar application fee. The PDB may either affirm the decision of the director of public works, or may reverse such decision. The procedure set forth in this paragraph shall constitute the only available remedy for any person aggrieved by any decision ofthe director of public works with respect to sidewalk construction and the determination of the PDB after ratification by the City Commission on appeal shall be the final administrative decision of the city, from which any further appeals shall be to a court of competent jurisdiction. For those areas in the Community Redevelopment Agency (CRA) district, the appeal procedure shall follow the same format. substituting the CRA for the PDB where applicable in the previous paragraphs. A, G. Waiver. Upon the recommendation of the city engineer, sidewalk requirements may be waived for an individual lot when adequate pedestrian circulation is provided by bicycle or pedestrian paths, or where sidewalk requirement would not be compatible or in harmony with adjacent/nearby properties previously developed without sidewalks. An application fee adopted by resolution of the City Commission shall accompany applications for waiver of this section. Page 5 of 16 CODING: Words in strike thrsllgh type are deletions from existing law. Words in underscore type are additions. Sec. 6. Permits required for work affectine trees and shrubs. No person may plant, remove, destroy, prune, set out, break, cut, deface or in any way iniure or interfere with any tree, shrub, or similar plant on any street or alley, or upon property owned or maintained by the city, without first obtaining a public right-of-way permit pursuant to this chapter. For certain types of protected trees or shrubs, refer to Chapter 7.5, Article L Tree Presevation for the proper procedure in addressing such tree or shrub. Sec. 7. Vehicles crossine curbs and parkwavs. It shall be unlawful for any person to push, pull, drive or cause to be pushed, pulled or driven any wheeled or track-laving type vehicle. conveyance, machine, apparatus or equipment on, over or across. in whole or in part, any curb or pavement laving in or on any public street, except as provided in this section: A. Vehicles, as described herein, may be driven over pavement at driveways: and B. Vehicles, as described herein, may be driven over curbs and over pavement at other than driveways, provided that such curbs and pavement shall be adequately bridged and shored with suitable wooden or steel structures to protect such curbs and parkways. Sec. 8. Mailboxes on public riehts-of-wav. All mailboxes placed in city right-of-ways shall be in compliance with all federal guidelines. The city shall not be responsible for damage caused during street maintenance to mailboxes not in compliance with federal guidelines. Sec. 9. Depositine. storine. processine material in streets and roadwavs. It shall be unlawful for any person to deposit, process or produce any material. including but not limited to any recreational item in or on any street or roadway or to store the same, either temporarily or permanently thereon: except, that building materials can be temporarily stored, processed or produced on streets or roadways if a permit has been obtained as provided in this chapter, and except that temporary storage of construction debris may be temporarily stored on streets or roadways in a container provided by a trash hauler for removal by such trash hauler, if a permit therefore has been obtained as provided in this chapter. Sec. 10. Removal ofwarnines prohibited. It shall be unlawful for any person to move, remove, damage, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of this chapter, except upon permission of the director of public works. Page 6 of 16 CODING: Words in strike thrsugh type are deletions from existing law. Words in underscore type are additions. ARTICLE II. CONSTRUCTION, REPAIR OR ALTERATION Sec. 1. Standards, permit reQuired. All work performed in public or private rights-of-way shall conform with the current Department of Public Works, Engineering Division's Enf!ineerinf! Design Criteria Handbook and Construction Standards Handheek Manual. Except as provided herein. any person desiring to perform or have performed any of the acts covered by this chapter wherein a permit is reQuired shall secure such a permit in accordance with the rules and regulations set forth in this chapter. See. 2. :\pplieation relJuired; eoutents. .^.n applieation for the permit reqllires by Seetien 7 hereunder shall file with the eity engilleer aRllflplieation showing: .^.. Name ans asaress of the ewner, or agent in eharge, ofthe property aiJattillg the p[eposed wark area; B. Name aRd address of the ]larty doing the work; C. Leeation of the werk area; D. .^.ttaehed plans, 8r sketch, shewing aetails efthe pT8pesed work; E. Estimated cest of the work; F. SlIeh other infermatien as the city engineer shall fins reasenaiJly necessary te aetermine if a ]lermit shollld be isslled hereunser. Sec. 2. Access to streets and allevs; permit reQuired; improvements. No person shall construct any access across any right-of-way on any improved or unimproved streets within the city without first obtaining a permit to do so from the city engineer. This permit shall be issued if the following requirements are met: A. The access to the street will not create undue or unnecessary safety hazards; will not impede the safe and efficient flow of traffic and will be constructed in compliance with applicable laws, ordinances and specifications of the city; B. If the street to which access is desired is not improved with asphalt pavement, storm sewers, and curb and gutters, it shall be improved as follows by the person seeking access in accordance with city specifications approved by the city engineer. Page 7 of 16 CODING: Words in strike tflrellgh type are deletions from existing law. Words in underscore type are additions. 1. Curbs and gutters shall be constructed along the side of any street to which access is sought to the limits of the property, if nearest paved portion of that street is improved with curbs and gutters along one or both sides. 2. Pavement shall be constructed in accordance with city standards of material similar or equivalent to the material used for the nearest paved portion of the street or streets as determined by the city engineer, shall be constructed along the side of the street or streets to which access is sought to the limits ofthe property and beyond to the nearest paved portion of that street or streets. 3. Storm drainage shall be constructed along the street or streets to which access is sought to the limits of the property and connected to the nearest existing storm drainage in that street or streets. If the nearest paved portion of the street or streets is improved with storm sewers, then storm sewers shall be installed. 4. Traffic signals shall be installed along the street or streets to which access is desired if the property is used for other than single-family residential uses and if the traffic volume generated from the development ofthe property meets the warrants established by the Florida Department of Transportation or Palm Beach County Traffic Engineering Division. C. No person shall construct any access to any alley within the city without first obtaining a permit to do so from the city engineer. This permit shall be issued if the following requirements are met: 1. Pavement shall be constructed in accordance with city standards and to the width of any existing improved alley, or if none of the alley is improved, to the limits of the alley right-of-way, along the allev to which access is sought from the limits ofthe property and beyond to the nearest paved portion of the alley. 2. Adequate storm drainage shall be constructed so that storm water runoff from the property from which access to the alley is sought shall not cause damage to adjoining properties or erosion of the land. Such storm drainage shall be constructed in accordance with specifications as determined by the city engineer consistent with city standards as amended from time to time, which shall assure that upstream and downstream drainage problems shall not result therefrom. D. If the right-of-way to which access is sought has been improved after the effective date of this section pursuant to the requirements of sub-paragraph B above, the person desiring access shall pay to the city that portion of the original cost of the improvements installed within the right-of-way abutting his property to the centerline of the right-of-way and to the side limits of his property. These recaptured costs shall be collected by the city and reimbursed to the person who paid for the improvement when installed, when and ifthe city collects these costs as aforesaid. The City Commission, after a public hearing before the Planning and Development Board (PDB) or the Community Redevelopment Agency (CRA), and receipt ofthe findings and Page 8 of 16 CODING: Words in skil:e tRr€lugl1 type are deletions from existing law. Words in underscore type are additions. recommendations of such board, may waive or vary any requirement of sub-paragraph B above for good cause shown upon application by the persons seeking access. Sec. 3. Application, Permit fees. Application for a permit under this chapter shall be made on such forms as shall be provided by the city engineer. No work shall commence until the city engineer or his designee has authorized issuance of a permit therefore and such permit has been issued. For permits issued under another chapter or any other permit which affects trees or shrubs, or will have an affect on trees or shrubs, in rights-of-way or on city owned property, the Department of Public Works/Forestry and Grounds Division shall review and approve the permit before it is issued. An application for a permit shall be accompanied by five (5) copies of the plans and specifications showing the work to be done, the time required to complete such work and the estimated cost thereof. When the permit is issued, one (1) COpy of such plans and specifications shall be returned to the applicant and the others shall be distributed to applicable divisions of the city and one (1) shall be retained by the city engineer. An applicant for a permit shall agree to save the city, its officers, employees and agents harmless for any and all costs, damages, liabilities and attorney's fees, which may accrue or be claimed to accrue by reason of any work performed under such permit. The acceptance of any permit under this chapter shall constitute such an agreement by the applicant. Fees for work within rights-of-way shall be as established by the City Commission from time to time by resolution. A separate fee is payable for each carb, sido',valk, clHb cut, driyeway or street to be altered. type of work to be performed. Sec. 4. Permit issuance. The city engineer shall issue a permit hereunder when it is found: A. That the plans for the proposed operation have been approved by the City Commission or that they have been approved in accordance with Land Development Regulations. B. That the work will be done according to the standard specifications on the city for public work oflike character. C. That the operation will not unreasonably interfere with the vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties. D. impaired. That the health, welfare and safety of the public will not be unreasonably E. Permits issued under authority of this chapter are nontransferable. Page 9 of 16 CODING: Words in strikel1rreHgh type are deletions from existing law. Wards in underscore type are additions. F. A COpy of the permit issued under this chapter and a COpy of the approved plans and specifications shall be kept and displayed in a conspicuous location at all times while such work is in progress at the location of the work. Sec. 4.1. Insurance required for certain permits. Each applicant for a permit under Article I. Sections 5, 7 & 9, and Article II, Section 2 of this chapter shall furnish the city with a satisfactory certificate of insurance or a statement from the administrator of a self-insurance program showing the required coverages, and containing a limitation that the insurance coverages may not be revoked except after ten (10) days written notice delivered to the city. The applicant's insurance shall provide coverage against claims for personal iniury as well as against claims for property damage which may arise from or out of the performance ofthe work, whether such performance be by himself, his subcontractor or anyone directly or indirectly emploved by him. Such insurance shall cover, inter alia, collapse, explosive hazards and underground work by equipment on the street, and shall include liability arising from completed operations. The amount of the liability insurance for personal iniury shall be not less than five hundred thousand ($500,000.) dollars per person, five hundred thousand ($500,000.) dollars per incident, and one hundred thousand ($100,000.) dollars for property damage. Sec. 4.2. Cash bond required for certain permits. With each application for a permit under Article I. Sections 5, 7 & 9, and Article II, Section 2 of this chapter, an applicant shall furnish a surety to guarantee faithful performance of the work covered by the permit. The surety shall be in accordance with one of the approved forms in the Enzineerinz Desizn Manual. The amount of the cash bond shall be not less than that as established by the City Commission from time to time by resolution. In lieu of a separate cash bond for each permit, an applicant anticipating more than one (I) permit application may furnish one cash bond in the amount of five thousand ($5,000.) dollars to cover all permits. The applicant shall deposit the cash bond with the city clerk, and such bond so deposited shall be kept in a separate account and shall stand as security for the full and complete performance by the applicant of the work covered by such permit. subiect to the following provisions: A. If any direct cost to the city of any loss, damage, work, claim or liability arises out of the breach by the applicant, or any contractor or representative of the applicant, in the performance of the applicant's obligations in connection with the work covered by such permit the applicant shall forfeit its bond. B. Upon certification by the city engineer of completion of the work covered by such permit, the balance of such cash bond shall be refunded by the citv clerk to the applicant upon request. Page 10 of 16 CODING: Words in "trike thrOHgR type are deletions from existing law. Words in underscore type are additions. C. In the event that the city engineer shall determine that additional bond in excess of five thousand ($5,000.) dollars is required, the applicant shall furnish surety as noted in Section 6 below and prescribed in Chapter 7 of the Land Development Regulations in an amount equal to one hundred ten (110%) percent ofthe estimated value of the work. If a letter of credit is provided, it shall be dated on or before the date of the permit application and shall be for a term to expire one (1) year after receipt by the permittee of a certificate of final inspection. Sec. 4.3. Riehts of the city not affected bv erantine of permits. Every permit issued under this chapter shall be granted subiect to the right of the city or of any other person entitled thereto to use the street for any purpose for which such street may lawfully be used, not inconsistent with the permit. Sec. 4.4. Work to be commenced within thirty davs. Work for which a permit has been issued shall commence within thirty (30) days after the issuance of the permit therefore or within such extension of period oftime as determined by the city engineer upon good cause shown. If the work is not timely commenced, the permit shall automatically be terminated and the fee forfeited. Permits thus terminated may be renewed upon payment of an additional fee in the amount of the original fee. Sec. 4.5. Performance of additional work. No permittee under this chapter shall perform work in an amount or Quantity greater than that specified in the permit except upon approval by the city engineer. Upon such approval. additional work may be done under the provisions of the permit an amount not greater than ten (10) percent of the amount specified by the permit. Any fee or bond posted in connection with the original permit shall be deemed to and must cover any such additional work as may be approved by the city engineer. Sec. 4.6. Expiration: extension of time. Permits issued in accordance with the provisions of this chapter shall expire at the end of the period of time, which shall be set in the application for the permit. If the permittee shall be unable to complete the work within the time period, he shall, prior to the expiration of the permit, present in writing to the city engineer a request for an extension oftime, setting forth therein the reasons for the requested extension. If in the opinion ofthe city engineer such an extension is necessary and not contrary to the public interest, he may grant the permittee additional time for completion of the work. A. All extensions of permit time shall be calculated at twenty-five (25%) percent of the original total permit fee and shall extend the life of the permit for an additional six (6) month period. B. One hundred (100%) percent of a permit fee shall be added if work is started without a valid permit. Page 11 of 16 CODING: Words in strike through type are deletions from existing law. Wards in underscore type are additions. C. No fees shall be refunded when a permit has lapsed after work is started. When a permit is revoked at the request of the permittee prior to lapsing due to time limits, and no work has been done, all but a basic fee of twenty-five ($25.) dollars to cover the cost incurred by the city engineer shall be refunded. Sec. 4.7. Default in performance, revocation. Whenever the city engineer shall find that a default has occurred in the performance of any term or condition of a permit, written notice thereof shall be given to the permittee and to the commercial bank issuing a letter of credit, if any. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the city engineer to be necessary for the completion of such work. After receipt of such notice, the permittee or the commercial bank shall within the time specified either cause the required work to be performed, or failing therein. If the required work is not performed within the specified time. the cash bond or letter of credit shall be utilized to reimburse the city for the cost of doing the work set forth in the notice. The city engineer may revoke any permit after prior written notice to the permittee for: A. Violation of any provision of this chapter. B. Violation of any other applicable provision of this Code or any other ordinance or law relating to the work. C. Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others. Written notice of any such violation shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement for the reason of the contemplated revocation ofthe permit. Notice shall be given either by personal delivery thereof to the person to be notified, by certified or registered United Stated mail addressed to the person to be notified, or by telegram addressed to the person to be notified. Such notice shall state the period of time which the permittee is being granted to correct the violation and to proceed with diligent prosecution of the work, which time shall be no less than twenty-four (24) hours. Sec. 4.8. Restoration of street bv citv. When any permit has been revoked and the work authorized by the permit has not been completed, the city may do such work as is necessary to restore the street or allev to a condition acceptable to the city. All expenses incurred by the city for such restoration shall be paid for by the permittee and may be removed from the cash bond or letter of credit that the permittee has filed with the city, and the bond or letter of credit shall so provide. Page 120f16 CODING: Words in "trike throHgh type are deletions from existing law. Words in underscore type are additions. Sec. 4.9. Abandoned facilities. Whenever any facilities existing in the streets or alleys of the city have been abandoned by the owners, the owner of such facilities shall be notified of the requirement to remove them, and if the owners shall fail to so remove them, the city may remove them and the owners shall reimburse the city for the cost thereof. Notice of the city's order to remove abandoned facilities may be given either by personal delivery thereof to the person to be notified, or by certified or registered United States mail addressed to the person to be notified. For purposes of this section, abandoned facilities shall be defined to be facilities, which have not been utilized by the owner or any other person for a period of at least six (6) months, or facilities, which are no longer necessary or useful because they have been replaced in some other location on the property. * * * Sec. 8. Temporarv permit. The city engineer may grant a temporary verbal approval for a permit to any agent (who is not a regular employee) of the city including the Utilities Department, in any street, alley. roadway or public land when such excavation is necessitated by an emergency. Such temporary approval shall be followed within forty-eight (48) hours by a formal application for a permit as regularly required under the terms of this chapter. ARTICLE III. IV. STREET AND EASEMENT ABANDONMENT * * * ARTICLE III. STREET OPENINGS Sec. 1. Permit required: compliance with chapter. Any person desiring to plow, dig, scrape or in any way make or have made any hole, pit, ditch or excavation in or upon any street, alley, roadway or public land shall proceed with such work only after obtaining a permit therefore and in compliance with all regulations contained in or promulgated under this chapter including the city's Department of Public Works, Engineering Division's Desiffn Criteria and Standards Handbook. Sec. 2. Notice to adioinine propertv owners of proposed work. If the work to be undertaken by a permittee under this article is such that it will affect the use of properties abutting or adioining the place where the work covered by the permit is to be done, the city engineer shall require the permittee to submit a list of the names and addresses of the affected propertv owners and tenants, and the permittee shall notify the affected property owners and tenants of the proposed work. If the work to be undertaken by the permittee will affect other subsurface installations in the vicinity of the proposed opening, the permittee shall also notify the owners of such facilities of the proposed work. Page 13 of 16 CODING: Words in strike Ihreligh type are deletions from existing law. WaIds in underscore type are additions. Sec. 3. Removal of debris, rubbish. etc., from work area: protection of persons and property. It shall be the duty of every person making any improvement in or upon anv street, alley, roadway or public land to promptly remove therefrom all rubbish, debris or material not immediately required for such improvement. In addition thereto, such person shall protect the place so improved or being improved. together with all material. articles or property used in connection therewith or taken therefrom, in a manner which the city shall direct and in such a way as to prevent iniury or damage to persons or property. Every such person making any such improvements or part thereof shall be liable for all damages or iniuries sustained on public property. Sec. 4. Requirements for work in streets. etc. All work in streets, alleys, roadways and public lands shall be subiect to the following restrictions: A. No opening or excavation in any street shall extend beyond the centerline of the street before being backfilled and the surface of the street temporarily restored. B. No more than two hundred fifty (250) feet measured longitudinally shall be opened in any street at anyone time. C. All underground pipes, tiles, cables, etc.. shall be located sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit relocation if necessary. D. Pipes, drains, tiles, culverts or other underground facilities encountered shall be protected as directed by the city engineer. E. Monuments, benchmarks, or datum points of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or precise survey reference point within the city, shall not be removed or disturbed unless permission so to do is first obtained in writing from the proper government authority. Permission may be granted only upon conditions that the permittee shall pay all expenses incident to the proper replacement thereof, including the cost of a survey. F. When work performed by the permittee interferes with the established drainage system of any street or natural water way, provision shall be made by the permittee for adequate temporary drainage to the satisfaction ofthe city engineer and consistent with the provisions of this Code. G. When any earth, gravel or other excavated material is caused to roll or flow or is washed or otherwise deposited on any step and/or sidewalk. the permittee shall cause the same to be removed from the street or sidewalk before the end ofthe working day. In the event the earth, gravel or other excavated material so deposited is not so removed, the city engineer shall cause Page 14 of 16 CODING: Words in strike thra,,!;h type are deletions from existing law. Words in underscore type are additions. such removal and the cost incurred thereby shall be paid by the permittee. Failure on the part of the permittee to make immediate payment of such cost upon demand shall be cause for revoking such permit. H. Every permittee shall place around the excavation or proiect such barriers, barricades, lights, warning flags and danger signs as shall be determined by the city engineer to be necessary for the protection of the public. Additional safety requirements may be prescribed by the city engineer where deemed necessary by him to protect adiacent private or public property. Whenever any person fails to provide or maintain the safety devices required by the city engineer, such devices might be installed and maintained by the city. The amount of the cost thus incurred shall be paid by the permittee. 1. When any work is performed on city streets, the permittee must comply with the traffic control procedures established by the Department of Public Works. In the event proper traffic control is lacking or deficient, and is not corrected within one (I) hour upon notice, the city engineer may stop work and revoke the permit. J. Access to private driveways and alley shall be provided except during working hours when construction operations prohibit such access. Free access shall be provided at all time to fire hydrants. K. Excavated materials shall be laid compactly along the side of the trench or removed immediately from the site at the discretion of the city engineer. Excavated material when piled alongside the excavation shall be kept trimmed so as to cause a minimum inconvenience to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the city engineer may require the permittee to provide and use toe boards or bins. If the excavated area or storage area is muddy or causes inconvenience to pedestrians, temporary wooden plank walks shall be installed by the permittee as directed by the city engineer. If the street is not wide enough to hold the excavated material without using part ofthe adiacent sidewalk, the permittee shall keep open a passageway at least one-half(\!') of the sidewalk width along such sidewalk. L. Work authorized by a permit shall be performed between the hours of7:00 a.m. and 7:00 p.m.. Monday through Saturday, unless the permittee obtains written consent from the inspection officer to do the work at other times. Such permission shall be granted only: 1) in case of emergency as determined by the city engineer; 2) where safety and traffic control measures in accordance with city and FDOT standards are not feasible during these hours as determined by the city engineer; 3) if the construction area is not within five hundred (500) feet of any single or multi-family dwelling as determined by the city engineer: 4) or for city work or activities where the City Manager determines that extended hours of work are necessary to complete the work in a timely fashion and to protect the public health, welfare and said feasibility of safety or traffic control measures. Any permit granted under this section may include other conditions on the permittee's ability to work after 7:00 p.m. No such work will be permitted on Sunday unless authorized by the City Commission as necessary and convenient for the public health, welfare and safetv. Page 15 of 16 CODING: Words in slfi"e thro"gh type are deletions from existing law. Words in underscore type are additions. Sec. 5. Backfilline and restorine of openines. All backfilling and restoring of openings made in any street, alley, roadway or public lands shall be performed in accordance with the latest standards and specifications of the city. Page 16 of 16 CODING: Words in strilee through type are deletions from existing law. Words in underscore type are additions. . Meeting MInutes Regular City Commission Meeting Bovnton Beach, FIDdda May 18, 2004 Therefore, for every 650 square foot unit, there would have to be a larger unit to offset that. A live/work unit Is a totally different matter. That has living space and workspace In the same unit and has a minimum square footage of 1,000 square feet. This would be a small apartment over a commercial unit. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 04-032. Vice Mayor Ferguson seconded the motion. City Clerk Pralnlto called the roll and the motion carried 4 to 1 with Commissioner McCray dissenting. 3. Proposed Ordinance No. 04-033 Re: Amending Chapter 2, Administration, Article VIII, Education Advisory Board, Section 2-130, "Meetings" and amending Section 2-131 "Qualifications" Assistant City Attorney Payne Proposed Ordinance No. 04-033 by title only. There was no one from the public who wished to address this Item. Mction \ Commissioner Ensler moved to approve Proposed Ordinance No. 04-033. Vice Mayor Ferguson seconded the motion. City Clerk Pralnlto called the roll and the motion carried unanimously. B. Ordinances - 1st Reading 1. Proposed OrdInance No. 04-039 Re: Amending the Land Development Regulations (LOR), Chapter 22 - Streets and Sidewalks Mayor Taylor announced that he receIved a request that this Item be removed and sent back to the Planning & Development Board for further consideration. Motion Vice Mayor Ferguson made a motion to remove this item and return It to the Planning & Development Board for further consideration. Commissioner McCray seconded the motion. City Clerk Pralnlto called the roll and the motion carried unanimously. C. Resolutlons: None D. Other: None 18 " ..~.,.n.,.:.,.. ' ,..,'F: , . w\ ;1: ,0')\, J'irU 1<):-~" ON v Requested City Commission Meeting Dates D December 7, 2004 o December 21, 2004 o January 4, 2005 o January 18, 2005 NATURE OF AGENDA ITEM RECOMMENDATION: CITY OF BOYNTON BEACHX~~~~~~:L AGENDA ITEM REQUEST FO~ Date Final Form Must be Turned Requested City Commission in to City Clerk's Office Meeting Dates Date Final Form Must be Turned in to Citv Clerk's Office November 15, 2004 (Noon.) 0 February 1,2005 December 6,2004 (Noon) I:8J February 15, 2005 December 20, 2004 (Noon) 0 March 1,2005 January 3,2005 (Noon) 0 March 15,2005 January 17,2005 (Noon) January 31,2005 (Noon) February 14,2005 (Noon) February 28, 2005 (Noon) o Administrative [gJ Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfinished Business o Presentation Approve an Ordinance exempting the City of Boynton Beach from the provisions of Section 101.657, Florida Statutes, specifically related to early voting EXPLANATION: During a Florida Association of City Clerks Conference, a presentation was given by a County Supervisor of Elections relative to Early Voting requirements as they pertain to municipalities. For municipal elections, the City Clerk is the filing officer for candidates and is the Municipal Supervisor of Elections. The presenter stated that early voting would apply to municipalities and would be required to be conducted in the municipal clerk's office at least eight hours per weekday, beginning 1S days prior to an election, and also, would have to include eight hours of voting on two weekends prior to the election. The City Clerk would also be required to submit written Security Procedures to the Division of Elections prior to the beginning of early voting. On December 16, 200S, the Palm Beach County Clerks met with Supervisor of Elections, Dr, Arthur Anderson, at a meeting facilitated by Mr. Paul Nicoletti, Attorney for the Village of Palm Springs. Dr. Anderson confirmed that many municipalities were in the process of adopting ordinances to opt out of early voting. At his request, Deputy Supervisor of Elections Charmaine Kelly advised that early voting took the County Supervisor of Elections Office by storm in November. Elections staff spent many long hours manning the voting locations at huge overtime costs to the County. Ms. Kelly spoke about the security that is required and explained that there could be impacts on a municipality if elections are questioned. It was Ms. Kelly's recommendation that the municipalities adopt ordinances to opt out of early voting. The schedule of elections for the next six years is as follows: 2005 2006 No Ci Elections City Election for Mayor, District I and District III County/State/National Elections Earl votin will be available. Ci Elections for District II & District IV County/State/National Elections Eari votin wili be available. Ci Election for Ma or District I & District III City Elections for District II & District IV County/State/National Elections Eari votin will be available. No City Election No Coun State National Elections 2007 2008 2009 2010 2011 S:\CC\WP\CCAGENDA\Agenda Request Memos\Agenda Item Request ~ Early Voting.dot "t1("'\"< .. ~ ,,-'- " .....". v CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: FISCAL IMPACT: The election expense budget for the Year 2004, when only two districts in the City would be voting, was $30,000. The personnel costs associated with early voting would be huge since it would be necessary to devote staff solely to this function. In addition to the overtime costs that would be incurred, it would be necessary to hire temporary staff to handle the day-to-day functions of the City Clerk's Office. ALTERNATIVES: 'tn (' \) ..t s~,~.- City Manager's Si ture , Department Head's Signature. ~ ~~~n%~ c.. City Attorney / Finance / Human Resources S:\CC\WP\CCAGENDA\Agenda Request Memos\Agenda Item Request ~ Early Voting.dot 1 2 3 4 5 6 7 8 9 10 11 ORDINANCE NO, 05- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, EXEMPTING THE CITY OF BOYNTON BEACH FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES SPECIFICALLY RELATED TO EARLY VOTING; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature adopted Chapter 2004-252, Laws of Florida which 12 amended Section 101.657, Florida Statutes, providing for Early Voting; and 13 WHEREAS, Section 100.3605, Florida Statutes, allows the City of Boynton Beach to 14 adopt an ordinance which exempts the Town from the provisions of Section 101.657, Florida 15 Statutes; and 16 WHEREAS, the City of Boynton Beach has determined it is in the best interest of its 17 citizens to adopt an ordinance which exempts municipal elections from the early voting 18 provisions contained in Section 101.657, Florida Statutes. 19 20 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and 23 confirmed by the City Commission. 24 Section 2. The provisions of Section 101.657, Florida Statutes, providing for early 25 voting, shall not apply to any City of Boynton Beach Municipal Election. It is the intent of the 26 City Commission of the City of Boynton Beach, pursuant to the provisions of Section 100.3605 27 to exempt all City of Boynton Beach Municipal Elections from the early voting provisions of 28 Section 101.657, Florida Statutes. Notwithstanding anything to the contrary contained herein, Page 1 of2 10 11 12 13 14 15 16 17 ]8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 the City of Boynton Beach may contract with Palm Beach County Supervisor of Elections to 2 conduct early voting for the City of Boynton Beach at the office of the Supervisor of Elections 3 and at any other early voting sites the Supervisor may establish in locations other than City Hall. 4 Section 3. A certified copy of this Ordinance shall be transmitted by the City Clerk to 5 the Palm Beach County Supervisor of Elections, 240 South Military Trail, West Palm Beach, 6 Florida 33416 immediately upon its adoption. 7 Section 4. Should any section or provision of this ordinance or portion hereof, any 8 aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 9 decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this _ day of ,2005. SECOND, FINAL READING AND PASSAGE this _ day of ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner TTEST: Commissioner City Clerk CORPORATE SEAL) Commissioner Page 2 of2 v" e~: ~ /~ /~ Jeb Bush Governor STATE OF FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS Glenda E. Hood Secretary of State November 24, 2004 DEe 01 2004 Sondra K. Hill, CMC City Clerk City of Greenacres 5985 Tenth Avenue North Greenacres, Fl 33463-2399 Dear Ms. Hill: This is in response to your recent letter regarding early voting requirements and their applicability to municipal elections. As you know, the early voting provisions contained in section 101.657, Florida Statutes, went into effect on July I, 2004 of this year. First, the early voting provision does not expressly apply to municipalities. As a result, pursuant to section 100.3605(1), Florida Statutes, a municipality holding an election may choose to "opt out" of conducting early voting through a charter or ordinance provision. Second, if a municipality does not opt out of section 101.657, Florida Statutes, then the municipality would be subject to all of the requirements associated with early voting, including the filing of security procedures (which pursuant to section 101.015(4)(c), Florida Statutes, are dUe 45 days prior to the commencement of early voting). However, a municipality by charter or ordinance can specifY their own process and procedure for the conduct of early voting as it relates to their municipal elections, So as an alternative to totally opting out, they could create a shorter time period for early voting, etc. However, for election integrity purposes you would still want to create security procedures with regard to early voting, but you could specify a different place for them to be filed. Finally, although section 101.657, Florida Statutes, does not define the terms "branch office" or "full service facility of the supervisor," a reading of the section in its entirety makes it clear that the Legislature was trying to specify that Supervisors could only use real branch county supervisor of elections offices which had been in existence for some R.A. Gray Building, Room 316 . 500 S. Bronaugh Street . Tallahassee, Florida 32399-0250 . (850) 245-6200 FAX: (850) 245-6217 . http://www.dos,slate,fI.us . E-Mail: DivElections@dos.statejl.us Ms. Sondra K. HilI November 24, 2004 Page 2 time (ie, the I year and full service requirements) and not ones being created solely for the purpose of conducting early voting. Please do not hesitate to contact me if! can be of further assistance, Sincerely, ~t~ Sharon D. Larson Assistant General Counsel SDUabt /':::,'v'rJ'" ~..;S~jil. \.' '~-_~~M ,. \~t~j)jI 5985 Tenth Avenue North Greenacres, FL 33463,2399 (581) 842.2017 (561) 642-2004 Fax Email: grpadm~cl.greenacres.fl.us Samuel J. Ferreri Mayor Wedle AlaUeh City Manager City of Greenacres November 10, 2004 Ms. Sharon Larson, Esquire Department of State Division of Elections R. A. Gray Building 500 South Bronough Tallahassee, FL 32399-0250 U&G.ENT RESf!ONSE.REQUESTED RE: Early Voting - F.S. 100,3605(1) and F,S, 101.657(1 )(a) Voting Methods and Procedures as it applies to Municipal Elections Dear Ms. Larson: During a Florida Association of City Clerks (FACC) Conference, there was a presentation giyen by a County Supervisor of Elections relative to Early Voting requirements as it applies to municipalities. For municipal elections, the City Clerk is the Filing Officer for candidates and is the Municipal Supervisor of Elections, The County Supervisor of Elections presenter at the FACC conference stated she was advised by the Florida Division of Elections that, with the enactment of Senate Bills 2346 and 516, the laws requiring early voting would apply to municipalities. (Requirements to include early voting in his/her office at least eight (8) hours per weekday, beginning fifteen (15) days prior to an election; and also, would haye to include eight (8) hours of voting on two weekends prior to the election. The voting in the office would haye to be done on an specific unit, and the City Clerk would be required to submit written Security Procedures to the Division prior to beginning the early voting (not sure of the time frame to submit.) F,S, Section 100,3605 (1), states: (1) The Florida Election Code, Chapters 97 -106, shall goyern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision, No charter or ordinance proYision shall be adopted which conflicts with or exempts a municipality from any provision the Florida Election Code that expressly applies to municipalities, Palm Beach County has thirty-seven (37) municipalities that prepare for and conduct Municipal Elections, most of them holding their elections in March. The Municipal Clerks are in the process of preparing for their Municipal Elections now and are concerned about "how early voting requirements apply to municipalities.. Our county has very small, medium and large sized municipalities; and therefore, the early voting legislation brings a variety of questions. Richard C. Radcliffe Councilman District I Peter A. Noble Councilman DlstrlctH Charles E. Shaw Councilman District III Theresa L. Whalen Councilwoman District IV Michael V. Mortimer Councilman District V Division of Elections - Early Voting Requirements Page 2 Therefore, on behalf of the Palm Beach County Municipal Clerks Association and the City of Greenacres, I respectfully request an official response from the DiYision of Elections regarding the following early voting legislation: Question 1.) Are municipalities required to provide early voting for electors prior to a municipal election; or can the municipality "opt out"? Question 2.) If a municipality decides to provide early voting, must the municipality fully comply with the statutory requirements of the Election Code, including the provision of providing written "Security Procedures" that must be submitted to the Division of Elections prior to early voting. What is the time frame for submittal of Security Procedures? (# _ days before early voting.) F.S, Section 101.657, states: "'n order for a branch office to be used for early yoting, it shall be a full- service facility of the supervisor and shall haye been designated as such at least 1 year prior to the election." Question 3.) What is the definition of a "branch office" and a "full-service facility of the supervisor" referenced in this section? It would be appreciated if you could respond to these questions as soon as possible. There are many concems that need to be addressed if early voting is applicable and required for municipalities, especially if there is no "opt out" or "exemption" provision. Thank you in advance for your assistance and early response. Sincerely, '-f>rkv ondra K. Hill, CMC City Clerk PBC Municipal Clerks Association Board Member cc: Wadie Atallah, City Manager Deborah S. Manzo, Assistant City Manager ORDINANCE NO. 04-11 AN ORDINANCE ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LAKE CLARKE SHORES, FLORIDA, EXEMPTING THE TOWN OF LAKE CLARKE SHORES FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES, SPECIFICALLY RELATED TO EARLY VOTING; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature adopted Chapter 2004-252, Laws of Florida, which amended Section 101.657, Florida Statutes, providing for Early Voting; and WHEREAS, Section 100.3605, Florida Statutes, allows the Town of Lake Clarke Shores to adopt an ordinance which exempts the Town from the provisions of Section 101.657, Florida Statutes; and WHEREAS, the Town of Lake Clarke Shores has determined it is in the best interest of its citizens to adopt an ordinance which exempts municipal elections from the early voting provisions contained in Section 101.657, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKE CLARKE SHORES, FLORIDA, AS FOLLOWS: SECTION 1. The provisions of Section 101.657, Florida Statutes, providing for early voting, shall not apply to any Town of Lake Clarke Shores Municipal Election. It is the intent of the Town Council of the Town of Lake Clarke Shores, pursuant to the provisions of Section 100.3605 to exempt all Town of Lake Clarke Shores Municipal Elections from the early voting provisions of Section 101.657, Florida Statutes. Notwithstanding anything to the contrary contained herein, the Town of Lake Clarke Shores may contract with the Palm Beach County Supervisor of Elections to conduct early voting for the Town of Lake Clarke Shores at the office of the Supervisor of Elections and at any other early voting sites the Supervisor may establish in locations other than the Town Hall. SECTION 2. A certified copy of this Ordinance shall be transmitted by the Town Clerk to the Palm Beach County Supervisor of Elections, 240 South Military Trail, West Palm Beach, Florida 33416 immediately upon its adoption. SECTION 3. Repeal of Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith or inconsistent with the provisions of this Ordinance are hereby repealed. SECTION 4. Severability. If any section, part of a section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held or declared to be Ordinance 04-11 Page 1 of2 unconstitutional, inoperative or void, such holdings of invalidity shall not affect the remaining portion of this Ordinance and it shall be construed to have been the legislative intent to pass the Ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this Ordinance after the exclusion of such part or parts shall be deemed to be held valid as if such part or parts had not been included therein, or if this Ordinance or any of the provisions thereof shall be held inapplicable to any person, group of persons, property, kind of property, circumstances, or set of circumstances, such holdings shall not affect the applicability thereof to any other person, property or circumstances. SECTION 5. Effective Date. The provisions of this Ordinance shall become effective immediately upon adoption. PASSED this 7th day of December, 2004, on first reading. PUBLISHED the 30th Day of December, 2004, in the Lake Worth Herald. PASSED AND ADOPTED this _ day of second and final reading. , 2004, on TOWN OF LAKE CLARKE SHORES, FLORIDA FOR AGAINST Robert M.W. Shalhoub, Mayor James D. Inglis, Vice Mayor Malcolm K. Lewis, President Pro Tern David Keir, Council Member H. David Kelley, Jr., Council Member ATTEST: By: Jo H. Plyler, Town Clerk Sponsored by: The Town Council Ordinance 04-11 Page 2 of2