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Agenda 10-18-05 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA October 18, 2005 Jerry Taylor Mayor At Large Mack McCray Vice Mayor District II I ~ ~ Bob Ensler Commissioner District I Mike Ferguson Commissioner District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA October 18, 2005 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Mayor Jerry Taylor C. Pledge of Allegiance to the Flag led by Commissioner Bob Ensler. D. Agenda Approval: 1. Additions, Deletions, Corrections. 2. Adoption. II. OTHER: A. Informational Items by Members of the City Commission. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: None. B. Community and Special Events: 1. Oceanfront Concert Series featuring Island Heat on Friday, October 21, 2005 from 6-9 P.M. 2. Pirates of the Intracoastal, an interactive fantasy event on Saturday, October 22nd from 10 a.m. - 8 p.m. and Sunday, October 23rd from 10 a.m. - 5 p.m. at Intracoastal Park, 2240 N. Federal Hwy. Admissions are Adult $6, 65 and over $5, Ages 2-10 $2, under 2 free. C. Presentations: 1. Proclamations: None. 2. Presentation by the Recognition Team of their vision, miSSion and objectives. Also recognize the 3rd quarter D.I.S.C. award winners Charles Hodis, Ray Altman and Heather Spillane for their accomplishments. Agenda Regular Commission Meeting Boynton Beach, FL October 18, 2005 3. Presentation by Lisa Bright, Interim Director of the Community Redevelopment Agency, on the current status of the Agency. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission> V. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date Mayor Taylor Adv. Bd. On Children & Youth Alt 1 yr term to 4/06(3) I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/06(3) III Ferguson Adv. Bd. On Children & Youth Reg 1 yr term to 4/06 IV McKoy Adv. Bd. On Children & Youth Reg 1 yr term to 4/07 I Ensler Arts Commission Alt 1 yr term to 4/06(3) III Ferguson Cemetery Board Alt 1 yr term to 4/06(3) Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06(3) III Ferguson Code Compliance Board Alt 1 yr term to 4/06 Ensler Education Advisory Board Alt 1 yr term to 4/06(3) Mayor Taylor Library Board Alt 1 yr term to 4/06(3) I Ensler Library Board Alt 1 yr term to 4/06(3) III Ferguson Veterans Advisory Commission Alt 1 yr term to 4/06(3) IV McKoy Veterans Advisory Commission Alt 1 yr term to 4/06(3) Mayor Taylor Veterans Advisory Commission Alt 1 yr term to 4/06(3) III Ferguson Employees Pension Board Reg 3 yr term to 4/08 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. 2. 3. Regular Commission Meeting - September 20,2005 Agenda Preview Conference - September 30, 2005 Regular Commission Meeting - October 5, 2005 2 Agenda Regular Commission Meeting Boynton Beach, FL October 18, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Award the "ANNUAL BID FOR DUMPSTER REPAIRS", Bid # 071- 251O-05/JA, to Lamons Welding and Design of Boynton Beach, FL for an estimated annual expenditure of $60,000.00. 2. Approve a piggy-back of Miami-Dade contract #1072-2/04-2 with Wall Innovators of Tampa, FL to refurbish, repair, clean and re- install wall panels from the West Wing of City Hall that were damaged due to roof leaks from the hurricanes of 2004. Work includes re-facing approximately 160 ft. of cloth covered wall panels with vinyl, and reinstallation of approximately 460 ft. of 9 foot high wall for a total expenditure of $41,509.00. 3. Multi-award the "ANNUAL BID FOR HARDWARE SUPPLIES" Bid #065-1412-05/0D, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated annual expenditure of $50,000.00. 4. Award the "TWO-YEAR BID FOR THE PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS", Bid #058-1412-05jJA, to various vendors on a "lot to lot" basis with an estimated two year expenditure of $25,000 plus an additional $30,000 per year for the new street sign program. 5. Approve a "sole source" purchase for four (4) new Siemens Master Drive VFD with W/RVAT bypass Model 65E72 for 300 HP motors for the West Water Treatment Plant from Power and Controls Automation of Tampa, FL for a total expenditure of $283,916.00 to include installation. C. Resolutions 1. Proposed Resolution No. ROS-174 RE: Ratifying a Memorandum of Understanding (MOU) between the City of Boynton Beach, Florida and the National Conference of Fireman and Oilers, SEIU, AFL-CIO, Local 1227 (NCF&O) resolving several issues. 2. Proposed Resolution No. R05-175 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits and Covenant for Annexation between the City of Boynton Beach and Thomas W. Cornutt for the property at 7841 Loomis St., Lake Worth, FL (Tropical Terrace L T 135). 3 Agenda Regular Commission Meeting Boynton Beach, FL October 18, 2005 D. Ratification of Planning and Development Board Action 1. Quantum Park Lot 3 (USAP 05-001) Request use approval for a school and educational services - Home Inspection Trade Training Center (weekends only). 2. Quantum Park Lots 15 & 16 (MSPM 05-009) Request for Major Site Plan Modification to complete construction of a partial second floor of a two-story building, adding approximately 9,000 square feet of new office space to the existing 40,000 square foot building and conversion of the building entirely to office use. E. Ratification of CRA Action: None. F. Accept the written report to Commission of purchases over $10,000 for the month of September, 2005. G. Authorize the use of Community Investment Funds to Boynton Beach Faith Based CDC in the amount of $1,000 by Commissioner Ferguson for the CDC's Peacemakers Youth Program. H. Authorize the Police Department to contribute $600 to the American Red Cross for Hurricane Katrina relief efforts. The funds represent the proceeds from the Police Labor Day Challenge held in Delray Beach. 1. Ratify Commissioner McKoy as voting delegate and Vice Mayor McCray as alternate for the National League of Cities Annual Business Meeting on Saturday, December 10, 2005 at the Congress of Cities in Charlotte, NC. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission A. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Learning Place II (COUS 04-006) Dave Beasley Scott and Cathy Freeland East side of Lawrence Road. approximately 1,100 feet north of Gateway Blvd. Request for Conditional Use and New Site Plan approval for construction of a 7,800 square foot Day Care Center 4 Agenda Regular Commission Meeting Boynton Beach, FL October 18, 2005 and related site improvements on a 0.839 acre site, zoned Single-family Residential (R-1-AAB). IX. CITY MANAGER'S REPORT: A. List of State Funding Requests. B City Manager's Evaluation. X. FUTURE AGENDA ITEMS: A. Proposed amendment to Parks Dedication Code ordinance to modify the review time line. (11/1/05) B. Reduction in the allowance for uncollectible accounts. (11/1/05) C. Ordinance allowing non residents on Advisory Boards. (11/1/05) D. Analysis of Water Capital Improvement Fees. (1/3/06) E. Selection of Vice Mayor. (11/15/05) XI. NEW BUSINESS: None. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 05-061 RE: Approving establishment of a Dependent District Over the Real Property Comprising approximately 582.49 acres; providing Definitions; Establishing the Name of the District as Quantum Park Overlay Dependent District; Naming the Initial Members of the Board of Supervisors of the District; Designating the purpose of the District; providing for Board of Supervisors, Members, Election of Members, Meetings and General Duties; providing General Powers of the District; Providing Special Assessment Powers; Providing for Collection and Enforcement. B. Ordinances -- 1st Reading 1. Proposed Ordinance No. 05-062 RE: Amending Chapter 2 "Administration" Article 1, Section 2-1 to Incorporate a Revised City Organizational Chart, effective October 1, 2005. 5 Agenda Regular Commission Meeting Boynton Beach, FL October 18, 2005 2. Proposed Ordinance No. 05-063 RE: Amending Land Development Regulations, Chapter 20, Building, Housing and Construction Regulations, Section 3 Minimum Building and Construction Standards; providing for the Adoption of the Boynton Beach Administrative Amendments to the 2004 Florida Building Code, and Amendments thereto. 3. Proposed Ordinance No. 05-064 RE: Amending Land Development Regulations, Chapter 2 "Zoning", Section 9 "Administration and Enforcement"; Providing for Additional Public Hearing Requirements. 4. Proposed Ordinance No. 05-065 RE: Amending Chapter 16, "Parks and Recreation", Article II, "City Parks and Beaches," by Amending Section 16-38 to provide for the Consumption and Possession of Alcoholic Beverages at City Recreational Facilities pursuant to a Special Event Permit. C. Resolutions: 1. Proposed Resolution No. R05-119 RE: Interlocal agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for Land Acquisition in the Heart of Boynton Beach. 2. Proposed Resolution No. R05-176 RE: Assessing the Costs of Abatement of Certain Nuisances Against the Owners of the Properties involved; providing for an Additional Administrative Fee prior to Recordation of Liens. (Boynton Terrace Apartments) 3. Proposed Resolutions No. R05-177 and No. R05-178 RE: Declaring the Public Necessity of Acquiring parcels of Property more particular described on composite Exhibit "A" attached hereto for the purpose of implementing the Heart of Boynton Community Redevelopment Plan. 4. Proposed Resolution No. R05-179 RE: Authorizing application for a Grant for a Landfill Feasibility and Phase I Environmental Report for 40.2 Acres of Land Adjacent to the Boynton Links Golf Course (Pine Drive Next to the E-3 Canal) D. Other: None. XIII. UNFINISHED BUSINESS: A. Reconsideration of tow contracts. 6 Agenda Regular Commission Meeting Boynton Beach, FL October 18, 2005 XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAlTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABIUTY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEffiS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Agenda 10/17/2005 2:39 PM S:\CC\WP\CCAGENDA\AGENDAS\YEAR 2005\1 0182005.DOC 7 III.-ANNOUNCEMENTS & PRESENTATIONS Item 8.1,0...." J J. Pyle, Judith From: Segal, Wayne Sent: Wednesday, October 05,20053:25 PM To: Prainito, Janet; Pyle, Judith Subject: Announcements 10/18 Commission Meeting Can we get the following special events on the next agenda? Friday, Oct. 21, Oceanfront Concert Series, Oceanfront Park, 6-9 P.M., featuring Island Heat Saturday & Sunday, Oct. 22 & 23, Pirates of the Intracoastal, an interactive fantasy event, 10 AM. - 8 P.M. on Saturday, 10 AM. - 5 P.M. on Sunday. Intracoastal Park, 2240 N. Federal Hwy. Admission charge. Please let me know if you need any more information. Thanks! 10/5/2005 III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM l\: ;~_:J - "--' _r- :~~-~~L~:'l .-, ~j -~ ~ " ," i :;--: l~ 7 Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk.s Office Meeting Dates 0 August 2. 2005 July 18.2005 (Noon.) 0 October 5. 2005 0 August 16.2005 August 1.2005 (Noon) !2J October 18, 2005 0 September 6, 2005 August 15.2005 (Noon) 0 November I. 2005 0 September 20, 2005 September 6,2005 (Noon) 0 November 15.2005 Date Final Form Must be Turned in to City Clerk' s Office September 19.2005 (Noon) ,.----\ October 3.2005 (Noon)- . ('J \--:'i ~. October 17.2005 (Noon)':; - ,-Cj October 3 J, 2005 ("oon) - --.. ~;:: ___-"': ,jJ - 0 0 ---, \ . Administrative Development Plans - -- 0 0 --l .-QS2 NATURE OF Consent Agenda New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement !2J Presentation 0 City Manager's Report RECOMMENDATION: Accept a presentation by Recognition Team members to inform the City Commission of the vision, mission and objectives of this self-directed team comprised of volunteers from various city departments; and, to recognize the 3rd quarter (July, August & September) D.I.S.C. award winners (Charles Hodis, Ray Altman, Heather Spillane) for their accomplishments. EXPLANATION: This presentation will continue to fulfill the team's Vision, "No contribution goes unrecognized" and the team's Mission "To foster and maintain an environment where city employees are recognized and valued." PROGRAM IMPACT: Promoting the City's core values and recognizing outstanding employee performance. FISCAL IMPACT: N/A ~ City Manager's Signature City Attorney! Finance / Human Resources S:'BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC V. ADMINISTRATIVE ITEM A. APPLICANTS ELIGIBLE FOR APPOINTMENT 10/18/05 lAST NAME FIRST 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICA1l0N NAME SUBMITTED Allard John Recreation and 9/13/05 Parks Bd. Barnes Matthew Community Planning and 7/27/05 Redev.Agency Development Bd Broenig Gerald Planning & Community 4/11/05 Development Development Board AgencY Fitzpatrick Michael Planning & 2/25/05 Development Board Lender Wayne Community 1/28/05 Redevelopment Agency Richman Nubia Recreation & Arts 8/18/05 Parks Board Commission Rodriguez Jose Community 9/30/05 Redevelopment Agency Taylor Jeannie Library Board. 10/10/05 Dee APPLICANTS FOR VETERANS ADVISORY COMMISSION: (There are two non-residents permitted by Ordinance; One (1) in a Regular position and one (1) in an Alternate Position. Those position are currently filled.) * Andrea William Veterans 9/19/05 Commission Buckner David Veterans 10/17/05 Commission *Goldgeier Larry Veterans 9/16/05 Commission Hoffmann Charles Veterans 10/17/05 Commission *Jones Jerry Veterans 9/19/05 (Gerald) Commission * Leibensohn Marvin Veterans 9/16/05 Commission **Milano Angelina Veterans 9/19/05 Commission * Marilyn Veterans 9/19/05 * * Nemes Comission Preston Stuart Veterans 10/17/05 Commission **Sims Wilbur Veterans 9/22/05 Jean Commission JAP 10/17/200510:57 AM S:\CC\WP\BOAROSIAPPMENTS\Board Year 2005IAPPLlCANTS ELIGIBLE FOR APPT 10 18.doc VI.-CONSENT AGENDA ITEM B.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned l\.leetin!! Dates in to City Clerk's Oftlce Meeting Dates in to City Clerk's Office 0 August 2, 2005 July 18.2005 ("loon.) 0 October 5, 2005 September 19,2005 (Noon) 0 August] 6. 2005 August 1,2005 (Noon) [2J October] 8, 2005 October 3. 2005 (Noon) 0 September 6. 2005 August] 5.2005 (Noon) 0 November] , 2005 October 17,2005 (Noon) 0 September 20. 2005 September 6. 2005 (Noon) 0 ~ovember 15. 2005 October 31, 2005 O~oon) 0 Administrative 0 Development Plans NATVRE OF [2J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: A motion to award the "ANNUAL BID FOR DUMPSTER REPAIRS", Bid # 071-2510- 05/JA, to Lamons Welding and Design, of Boynton Beach, FI for an estimated annual expenditure of $60,000.00 CONTRACT PERIOD: NOVEMBER 06, 2005 TO NOVEMBER 05, 2006 EXPLANATION: On September 22, 2005, Procurement Services opened and tabulated two (2) bids. All bids were reviewed by the Public Works Department and it was determined that Lamons Welding and Design, of Boynton Beach, was the lowest, most responsive, responsible bidder for recommended award. Larry Quinn, Solid Waste Manager, concurs with this recommendation (see attached memo # 05-101). PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for a one (1) year period for the "ANNUAL BID FOR DUI\JPSTER REPAIRS". The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. S:\BULLETlN\FORMS\.A.GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: ACCOUNT NUMBER: 431-2515-534-46-93 ESTIMATED ANNUAL EXPENDITURE: $60,000.00 2003/2004 ACTUAL EXPENDITURE: 2004/2005 ESTIMATED EXPENDITURE: Procurement Services IXtn 2~ As~s ant to the Finance Director Cc: Jeffrey Livergood - Public Works Director Christine Roberts - Assistant Public Works Director Larry Quinn - Solid Waste Manager File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FOR.M.DOC \ DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 05-101 TO: FROM: Janet Allen, Buyer Procurement Services Finance Department Christine Roberts, Assistafltbjrector ~ Public Works /""-. \ L Q. l'-~') arry U1nn d / Solid Waste Manager f Vv' September 26, 2005 THRU: DATE: Subject: Dumpster Repair Bid I have reviewed the attached bid sheet for the annual bid for dumpster repairs. Based on the prices reviewed, I recommend the bid be awarded to Edward Lamons Welding as the lowest responsible bidder. 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O~",.I-t(i "'U I ~"I(Jl . CD, I)>QO ()CJ1CD < I~~~fT1~ )> CJ1.j:>.. c < .j:>.. ~ m .j:>..- N ~ < m Z o o ;;0 (j) .. y. OJ OJ OJ - -- 000 ~OO O"'U"'U ""'mm 7ZZ I'V-- OlZZ ->.G)G) ?-IO 0-)> OlS:---, --m-' );..f1:1 I'V(J) .. m W"'U 0-1 "'Um ~s: . OJ m :;u N I'V N o o Ol ; ~ ~ Q ~ ~ ~. CD' ~~~U; CD a a ~ iD 3. 3 n: en ~ ::r C" 1Il III ID ;5-U)~ cp. 2. a ~ n ~ ~ 0 Cb 0. t'b (;; ~ ::r ~ (ii" IJ) (b ~ m m ~ (1) ~ ~ 0 CD CD ~ ~ Ci (]) <" ::j' o S" OJ ~ co CD (ii" g- ~ Cf) CD CD Q.. III g n: ~ ~ ~ 0 g' ~. ~ 1Il )> Z Z C )> r- OJ - C "T1 o :::tI C C s: "'0 en -I m :::tI :::tI m "'0 )> - :::tI en Submit Bids To: Bid Title: Bid Number: Bid Received By: BIDDER ACKNOWLEDGEMENT PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 "ANNUAL BID FOR DUMPSTER REPAIRS" 071-2510-05/JA SEPTEMBER 22, 2005, 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: September 22, 2005, no later than 2:30 P.M. Oocal 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: Federal J.D. Number: Sl.U'\beH HttJ'au.\~s 4 ~rn~l\t(~. ~5- 07Y ;;l3~5 F IlSY,' ~ a ~7+- ~'5DG :17'1- ~~ ~SXl SW Lf-~ fre. Ue\va -Se~ fL A Corporation of the State of: Area Code: 5b' 5bl Area Code: Mailing Address: City/State/Zip: Vendor Mailing Date: Telephone Number: FAX Number: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 14 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: q I~ 106 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 service called for. When submitting more than one bid proposal price for this service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The estimated annual expenditure for Dumpster Repairs is $ 60,000.00. The vendor shall provide a flat rate price for a period of one (1) year on an "AS NEEDED BASIS" for the replacement of dumpster bottoms, including preparing, priming, and painting; inspection and repair of lid bar tabs; and all transportation associated with the repair, as per the specifications, for the following size dumpsters: 2 Cubic Yard $ /9.=5 ::;:;-ZJ 3 Cubic Yard $ ~:5SZJ ~ 4 Cubic Yard $ g&/-.rYp 6 Cubic Yard $ 3-r?-~ /":: 8 Cubic Yard $ 39~J' ZJ ADDITIONAL WORK (Work performed at Contractor's facility) Additional work shall include miscellaneous repairs to dumpsters and/or roll-off containers on an "AS NEEDED BASIS". Price quotes for additional work found to be necessary must be approved in advance by the Solid Waste Manager, Larry Quinn, and quote shall include both time and materials. Additional Work ~~ $ ~ Iper hour (includes both time and materials) THIS PAGE TO BE SUBMITfED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 15 OPTIONAL BID Cost to repair the dumpsters at the City of Boynton Beach facility located at the Rolling Green Municipal Complex: 2 Cubic Yard $ 3 Cubic Yard $ 4 Cubic Yard $ 6 Cubic Yard $ 8 Cubic Yard $ ADDITIONAL WORK (Work performed at City facility) Additional work shall include miscellaneous repairs to dumpsters and/or roll-off containers on an "AS NEEDED BASIS". Price quotes for additional work found to be necessary must be approved in advance by the Solid Waste Manager, Larry Quinn, and quote shall include both time and materials. Additional Work $ Iper hour (includes both time and materials) ALL PRICES F.O.B. BOYNTON BEACH Number of Bid Proposals submitted Specification "check-off' sheets (Pages 3-4) submitted Yes/No Customer List submitted Yes/No THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 SWI\1elf Ht-fJittJ;{,S 4 ,%';Ifmed/~. COMPANY NAME (!Jhl ) ~1(-!6D6 TELEPHONE NUMBER Mafiu ~ OJ a~ PRINTED NA p~5trknt TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 SPECIFICATIONS FOR ANNUAL BID FOR DUMPSTER REPAIR BID #071-2510-05/JA SCOPE OF BID: The City of Boynton Beach is seeking a source to provide the Public Works/Sanitation Department with a cost effective and timely service for the repair of the City's dumpsters for a period of one (1) year. The estimated annual expenditure is $ 60.000.00. The bidders will be carefully screened to insure the resource availability of the bidder to perform the required services. Services will be provided on an "AS NEEDED BASIS". 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 3-4) with the proposal sheet in order for a bid to be considered. The successful bidder shall provide services in accordance with the following conditions: ~ Vendor must presently have the resource availability to perform the specified work in an acceptable time schedule and provide the necessary transportation of specified equipment. ~ Vendor shall be prepared to show evidence of having the ability to successfully provide this type of service, and shall provide a customer list with telephone numbers and contact person to verify the claims. -'-- Vendor must provide pickup and delivery of dumpsters to be repaired. The dumpsters shall be picked up from and delivered back to the Rolling Green Municipal Complex located at approximately N.W. 16th Avenue and N.W. 4th Street in Boynton Beach. L Within a twelve (12) hour working day period, arrangements must be made for dumpster(s) pickup, completion of necessary Ire qui red repairs, and delivery of the repaired dumpster(s). Working days are defined as Monday through Friday. ~ The work shall include, but not necessarily be limited to: cutting out and removing the old rusted out bottom of the dumpster and replacing it with the same gauge and quality of steel as that used in the walls of the dumpster; lid bar tabs shall be inspected and repaired as needed. L The bottom of the dumpster shall be properly equipped with a replacement drain plug. L The new bottom shall be fabricated with 900 flanges on each side. "(... The flanges shall be a continuous weld to the exterior of the container, forming a water tight bottom to the container. 3 L Any repair work performed shall be in accordance with accepted practices for the painting of steel. It shall be primed and the entire dumpster shall be painted with a new coat of industrial enamel paint. 1- Paint used for any and all dumpster repairs shall be equivalent to "Industrial Enamel" produced by Sherwin Williams, Product Number B54 Tl 04, and shall be color: "Packer Green" . ~ The vendor shall be responsible for a complete inspection of the dumpster. ~ The vendor shall report and obtain approval for any additional recommended repairs(s) to: Larry Quinn, Solid Waste Manager, (561) 742-6206. ~ All prices are F.O.B. Boynton Beach. ADDITIONAL WORK L Additional work shall include miscellaneous repairs to dumpsters and/or roll-off containers on an "AS NEEDED BASIS", Price quotes for additional work found to be necessary must be approved in advance by the Solid Waste Manager, Larry Quinn, and quote shall include both time and materials. OPTIONAL BID _ Vendor may submit a bid to repair the dumpsters at the City's facility located at the Rolling Green Municipal Complex. _ Vendor must provide the City of Boynton Beach with a Certificate of Insurance in the amount of one million dollars for Commercial General Liability and products Completed Operations. The liability policies must list the City of Boynton Beach as additional insured (please refer to Attachment "A" for other required insurances). 4 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER County of State of r J(}(ida 'Palm ~~ t1a(l~ f. Cha~~ 1) HeisYle5jk,,~ (Title) ) ) , being first duly sworn, deposes and says that: of 1/lc . t the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid 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 bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any' collusion, conspiracy, connivance or unlawful agreement any advantage against the c.- of (Local Public Agency) or any person interested in the proposed ontract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this a NOTARY PUBUC.STATE OF FLORIDA ~ Mary A. DeVierno Commission #DD414686 Expires: APR. 04, 2009 Bonded Thru Atlantic Bonding Co., lnc. (Title) Subscribed and sworn to before me This ~ day of ~~( , 201:25 My commission expires ~ ~) ,;).001 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 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: Sworn and subscribed before ql.e this ~:J.. day of ~ ,20 D~ Printed Information: M8~O ~ C~a~ NAME Y(es.\~t TITLE . H a(~ A. Vev,e{(\O NOTARY PUBLIC, State ofFlonda at Large NOTARY PUBUC.STATE OF FLORIDA ~ Mary A. DeVierno Commission #DD414686 Expires: APR. 04, 2009 IoDded Tbna AtIaudc Bonding Co., IDe:. S I.U'I~H ~tl{&\ja 'L~~I{I. k. COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 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 bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? x Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISP ANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE 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 20 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. fu order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) fuform 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 (l). 4) fu the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 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 fu the above requirements. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORD R FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTAB 21 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form 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 vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: SuJ\~H- 4-h.{J(au.l;cs ~~I ~. ADDRESS: 'S~ oW Lfil\ ~. 'Del(a~ 1>eaci1. I ti.. 334-44 TELEPHONE: 601- ~1Lf- &"605 SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid #071-2510-05/JA for ANNUAL BID FOR DUMPSTER REPAIRS because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) msufficient time to respond to the mvitation to Bid We do not offer this product Of an equivalent OUf 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 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 Meeting Dates in to City Clerk's Office 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon) 0 August 16, 2005 August 1,2005 (1\oon) C8J October 18, 2005 October 3,2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17, 2005 (Noon) 0 September 20, 2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF C8J 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 RECOMME~DATION: A motion to approve a piggy-back of Miami-Dade contract #1072-2/04-2 with Wall Innovators of Tampa, Florida to refurbish, repair, clean and re-install wall panels from the West Wing of City Hall that were damaged due to roof leaks from the hurricanes of 2004. Work includes re-facing approximately 160 ft. of cloth covered wall panels with vinyl, and reinstallation of approximately 460-ft. of 9 ft. high wall for a total expenditure of: $41,509.00. EXPLANATION: Following Hurricane Frances of 2004, The West Wing of City Hall suffered severe water damage to walls and flooring. All walls of the Engineering Department and Conference Room "C" must be removed, cleaned, refurbished, and reinstalled. Refurbishing of cloth-covered walls is required to address mold issues due to the water damage. PROGRAJ."t IMP ACT: The removal, cleaning, refurbishing and reinstallation of the walls is a portion of the work required to restore the Engineering, GIS and Conference Room "C" space in the West Wing due to damage caused by Hurricanes Frances and Jeanne of September 2004. FISCAL IMP ACT: ACCOUNT#: 001-1211-512-52-98 /Xo~~ Assistant 0 the Finance Director Procurement Services S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Laurinda Logan - Engineering File U~/~U/~005 08:45 FAX 8138856954 WALL INNOVATORS INC ~ 004/004 - ~. PROPOSAL NO. 16517-2 a.ALL CORPORATE HEADQUARTERS 'D INNOVATORS,INC. WATS (800) 451-6521 5415 West Crenshaw, Tampa, FL 33834 PfImIIImnt WlIIr 1hIJI MiMI- Toll Free Fax (800) 222-4B10 P.O. Box 2B1089 Tampa. FLS3685-1089 Tampa Fax (813) 88H954 (813) B84-GOO3 FL STATE CeFITIFICATION Jacksonville (904) 281-0157 AITBNTION: MS. LAURINDA LOGAN #~~4~561) 742-6259 PAGE 3 OF) PROPOSAL SuBMITTED TO PHONE I DATE CITY OF BOYNTON BEACH (561) 742-6482 SEPTEMBER 29, 2005 STREET 1H JOe NAME 222 "N.E. 9 AVENUE WEST WING - 2ND FLOOR CITY, STATE AND ZIP cooe J081.OCATION BOYNTON BEACH, FL 33425-0310 BOYNTON BEACH ~PE OF WORK CONT.INUED PIIASE n ITEM 1~ REFlJRBJSH WATER DAMAGED FABRIC COVERED WALL PANELS RECOVBRAPPROXIMATEL Y 160 LIF OF 9'-0" mGH WALL PANELS WI DUNDEE GREY VINYL W ALLCOVERING. ITEM 3: REINSTALL WALL INSTALL APPROXIMATBL Y 456lJF OF 9'-0" mGH WALL lNNOV ATORS' -SERIES 125" MOVABLE WALL. SYSTBM TO INCLUDB: 160 UP RECOVERED PANELS (ITBM m 156 l/F EXISTING VINYL COVERED PANELS 140 LIF NEW VINYL COVERED PANELS 28 EACH INTERSECTIONS 4 EACH POST 1NTBR.SEC110NS 12 EA.CH CORNERS 8 BACH RIGHT lliUID DOOR UNITS ~ 10 EACH LBPT HAND DOOR UNITS PHASI U -ITEMS 2 AND 3 - LIST PRICE: S 83,018.00 LESS DADE COUNTY CONTRACI' (#1072-2104-2) DISCOtJNT !O%: ---' 41.!l09.00\ NET PlUCE: S 41_.00 TOTAL NET PRICE: S 4'1,339.00 PLUS APP~ABLE SALES TAX. II I ! , NOTES: 1. NO SALES OR USE T~ INCLUDED. 2. NO BUILDING PERMIT OR PERMIT COST INCLUDED. 3. PlUCE IS BASED UPON PBRPORMING WORK DURING STANDARD WORKING H01JR.S. WE PROPOSE HEREBY TO FURNISt-l MATERIAL AND LABOR - COMPLETE IN ACCORDANCE WITH "'BCNE SPECIFICATIONS FOfl TtiE SUM OF: FORTY SBVBN nroUSAND 1'HREB HUNDRED 11DR.TY NINE AND NO/tOO COLLARS(S 47,339.00 ) WITH PAYMENT TO BE MADE AS FOLLDWS: 50% DEPOSIT WlTH PLACEMENT OF OltDER- BALANCE OF MATBIUAL AND LABOR DUB UPON CO}.lPLBTlON - NET TEN (to) DAYS - NO RETAlNAGE. ~K'ENNEmp. ,?VM.S NOTE: THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED AUTHORIZED-I_~hffA'p-- TIllRTY (30) SIGNATURE I WITHIN DAYS. I ACCEPTANCE OF PROPOSAL, , . THE ABOVE PRICES. SPECIFICATIONS DATE OF ACCEPTANCE AND CONDITIONS ARE SATISFACTORY AND ARE HEReBY ACCEPTED. VOU ARE AUTHORIZED TO DO WORK N3 S~FIED. PAYMENT WIll. SIGNATURE BE MADE AS OUT1.INEO ABOve. "o.s.c. & V." NOTE: FOR GENERAL CONOITIONS REFER TO BACK SHEET CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 30-Sep-05 Requesting Department: PW/Engineering Div. Contact Person: Laurinda Logan, PE Explanation for Purchase: Refurbish and reinstall water damaged fabric covered wall panels. I Recommended Vendor Wall Innovators, Inc. I Dollar Amount of Purchase $41,509.00 Source for Purchase (check and attach backup materials): Three Written Quotations D GSA State Contract D PRIDE/RESPECT D D D SNAPS Sole Source D D D D I Dade County Contract Piggy-Back Emergency Purchase Budgeted Item Other Contract Number: #1072-2/04-2 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-1211-512-52-98 Project HR0402 Approvals: ~ 't J Q Department Head -y i'~ Purchasing Agent Asst City Manager City Manager Date 9 /30/ oZ::;;- , . Date Date Date Form Revised 02101/02 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM B.3 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 Otlice Meeting Dates in to City Clerk's Office 0 August 2, 2005 July 18, 2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) [gJ October 18,2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17,2005 (Noon) 0 September 20, 2005 September 6, 2005 C\oon) 0 November 15, 2005 October 31,2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [gJ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City :\1anager's Report RECOMMENDATION: A motion to multi-award the "ANNUAL BID FOR HARDWARE SUPPLIES", Bid#065- 1412-05/CJD, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated annual expenditure of: $50,000.00. EXPLANATION: On September 7, 2005, Procurement Services opened nine (9) proposals. It is recommended to award this bid to multi vendors as overall "Low Bidders". The evaluating factors used in determining the award were based on: brand name, Warehouse processing time, samples received from vendors and price. In additiol!,..to proposing the lowest prices, a catalog discount was offered from most proposers for overall discount pricing. Dominic DeMauro, Warehouse Manager, concurs with this recommendation per memo attached. The provisionsAf this hid award will allow for a one (1) year extension at the same terms, conditions and prices subject to vendor lI~ceptante, satisfactory performance and determination that the renewal is in the best interest of the City. t.'~ ~" G.; PROGRAM IMPACT: The purpose of this bid is to provide a competitive established price for the }V;uehquSe stocked best quality hand tools and hardware supplies. Hardware Supplies will be stocked in the City's .-ware~iiie and issued to requesting departments on an "As Needed Basis". - _:~ :: ,':__'~1 ~.~;: FISCAL IMP ACT: BUDGET ACCOUNT NO. WAREHOUSE 502-00-141-01-0 Past year's expenditure: $50,000.00 ESTIMATED ANNUAL EXPENDITURE $5 ,000.00 \,."....; "I<.~ Procurement Services yx~~ AssIsta to the Fmance DIrector S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FOR\1.DOC C: Dominic DeMauro - Warehouse \1anager File The City of Boynton Beach Finance Department WAREHOUSE DIVISION RECE~'''J:D SEP : -; "~n5 j -- ~ ~--- ".-" .... PROC7in2u-~.-'\ It leES TO: Mary Munro, Assistant to the Director of Finance Dominic DeMauro, Warehouse Manager r:tfJD FROM: DATE: September 27,2005 SUBJECT: Hardware Bid # 065-1412-05/cjd I reviewed the tabulation sheet sent from your office. My recommendation is a multi- award to overall low vendor. The evaluating factors used were A) Brand name; B) Warehouse processing time C) Samples received from vendors. Last year's expenditures was $50,000. This year's expenditures will be an estimated $50,000. Section I - Buildin2 Materials No Bid-I, 2, 4, 9 AAA Tool & Supply Item # 3, 6, 8 Wholesale Tool Company Item # 5 The Home Depot Supply Item # 7 Section II - Paint and Supplies w. W. Grainger Item # 10, 11, 12, 13, 14, 15, 16, 17, 18,20,22 The Home Depot Supply Item # 19,21,23,24,25,26,27,35 Southern Star Fasteners Item # 28, 29, 30 AAA Tool & Supply Item # 31, 32, 33, 34 Section III - Hand Tools N 0 Award - 38 (Vendor did not meet specifications) The Home Depot Supply Item # 36, 44, 50, 51, 57 W. W. Grainger Item # 37, 42, 45, 46, 47, 48, 49,52,53,54,55,58,59,60,61,62,63,64,65,66, 67 JJ.. AAA Tool & Supply 1'" Item # 39, 40, 41, 56 Southern Star Fasteners Item # 43 Section IV - Batteries W. W. Grainger Item # 68, 69, 70, 72, 73 The Home Depot Supply Item # 71 Southern Star Fasteners Item # 74, 75 Section V - Garden Tools and Supplies No Award -79,80,82 (Vendor did not meet specifications) The Home Depot Supply Item # 76, 77, 78, 81 W.W. Grainger Item # 83, 85 AAA Tool & Supply Item # 84 Section VI - Tape Wholesale Tool Company Item # 86 AAA Tool & Supply Item # 87, 88, 89 Section VII - Master Locks Maiestic Lock Co. Item # 90,91,93,94,96,97 Armstrong Inc. Item # 92 The Home Depot Supply Item # 95 Section VIII - Miscellaneous Supplies NoBid-102, 103, 114 The Home Depot Supply Item # 98, 99, 101, 104, 118 Southern Star Fasteners Item # 100, 107, 108, 109, 110 W. W. Grainger Item # 105, 106, 111, 112, 113, 115 The Battery Bank Item # 116, 117 In addition, the following vendors included a discount of cost plus % for all items not listed on the bid. Armstrongs Inc. 35% w.w. Grainger 10% Majestic Lock CO 40% CC: Bill Mummert, Director of Finance KEYNOTE: BLUE - "NO BID" DID NOT MEET SPECIFICATIONS GRAY: AWARDED VENDOR ANNUAL CONTRACT FOR HARDWARE SUPPLIES Blot 065-1412.o5lCJD HARDWARE SUMMARY SHEET ~ 0 0 :ill: a:: :ill: ... a. (.) z I- 0 0 a. w a:: :::) :i!: . C) 0 0 ~ g II) ID Z a. ... c; w all ~ ~ Q 0 II) w ... z w i= z ... en 0 w C) II) a:: . a: 0 a:: ~ :IE w w II) 0 0 l- I 0 ~ :z: w c l- II) . :z: I- ... z :IE ID :::) 0 ITEM # COMMODITY # w ~ 0 i > II) 1 445-003-00001 NB NB NB NB NB NB NB 2 445-003-00002 NB NB NB NB NB NB NB 3 445-006-00030 NB NB $2.04 $1.69 NB $1.40 NB 4 445-006-00031 NB NB NB NB NB NB NB 5 445-006-00033 $1.60 NB NB $1.90 $2.29 NB NB 6 445-006-00034 NB NB NB NB NB NB NB 7 445-085-00001 .. NB NB $90.51 ~ NB NB NB 8 445-085-00002 NB NB $37.20 NB NB NB NB 9 445-079-00001 NB NB NB NB NB NB NB 10 445-008-00007 NB NB NB $29.99 NB NB NB 11 445-030-00001 $1.15 NB NB NB NB NB NB 12 445-030-00002 $1.45 NB NB NB NB NB NB 13 445-030-00003 $2.15 NB NB $13.99 NB NB NB 14 445-030-00004 $3.30 NB NB NB NB NB NB 15 445-030-00005 $1.15 NB NB $3.29 NB NB $2.90 16 445-030-00008 $3.95 NB NB $4.69 NB NB $2.95 17 445-030-00009 $3.30 NB NB NB NB NB NB 18 445-030-00010 $2.55 NB NB NB NB NB $2.49 19 445-030-00013 $2.95 NB NB $2.58 NB NB NB 20 445-030-00014 $0.70 NB NB $1.17 NB NB NB 21 445-030-00015 $14.70 NB NB $21.55 NB NB NB 22 445-030-00017 $3.55 NB NB $1.65 NB NB NB 23 445-032-00001 $2.10 NB NB NB NB NB NB 24 445-032-00002 $2.10 NB NB NB NB NB NB 25 445-032-00003 $2.10 NB NB NB NB NB NB 26 445-032-00004 $2.10 NB NB NB NB NB NB 27 445-032-00009 $2.10 NB NB NB NB NB NB 28 445-032-00006 $2.40 NB NB $1.91 $3.99 NB NB 29 445-032-00007 $2.40 NB NB $1.91 $4.79 NB NB 30 445-032-00005 . NB NB $1.91 $4.79 NB NB 31 445-035-00001 NB NB NB $4.79 NB NB NB 32 445-035-00002 NB NB NB $4.79 NB NB NB 33 445-035-00003 NB NB NB $4.79 NB NB NB 34 445-035-00004 NB NB ~ NB NB NB 35 445-032-00010 NB NB NB NB NB NB NB 36 445-009-00001 $1.05 I NB NB NB NB NB NB 37 445-009-00002 . NB NB $0.99 NB NB NB 38 445-009-00003 $1.15 NB NB NB NB NB NB 39 445-009-00004 NB NB NB NB NB $7.56 NB 40 445-009-00005 NB NB NB NB NB $4.47 NB 41 445-009-00006 NB NB NB NB NB $6.67 NB 42 445-012-00001 $3.10 NB NB $4.29 NB $3.49 NB Additional comparison is based on price only, does not consider the product being offered. KEYNOTE: BLUE - "NO BID" DID NOT MEET SPECIFICATIONS GRAY: AWARDED VENDOR ANNUAL CONTRACT FOR HARDWARE SUPPLIES BIOI 065-1412-G5ICJD HARDWARE SUMMARY SHEET ~ 0 u a. U :ll:: a: :ll:: ..J a. Z w ~ u a: 0 ~ ~ < C) 0 0 ~ 0 II) CD z a. ..J ~ c5 W all ~ ~ Q U II) W ..J Z W j:: Z ..J en 0 0 w C) :IE II) a: < a: a: I: w w II) 0 ~ ~ I 0 ~ J: W 0 II) < J: ~ ..J Z 3 :IE CD :IE ~ 0 ITEM # COMMODITY # w ~ 0 i > II) 43 445-012-00002 $3.25 NB NB 3.13 $12.95 NB $3.85 44 445-012-00003 $9.50 NB NB 8.12 NB $10.98 $13.95 45 445-038-00001 $17.40 NB NB NB NB NB NB 46 445-038-00002 $5.40 NB NB $17.95 NB NB NB 47 445-038-00003 $15.15 NB NB NB NB NB NB 48 445-046-00004 $11.95 NB NB $17.99 NB NB NB 49 445-046-00005 $13.00 NB NB $9.98 NB NB NB 50 445-046-00006 $7.50 NB NB $12.27 NB NB NB 51 445-052-00001 $3.85 NB NB $7.93 NB NB NB 52 445-052-00002 $10.15 NB NB $13.97 NB NB $11.95 53 445-052-00003 $10.80 NB NB $15.75 NB NB $13.20 54 445-052-00004 $9.80 NB NB $11.97 NB NB $9.99 55 445-058-00002 $3.20 NB NB $14.98 NB NB NB 56 445-061-00001 NB $2.62 $2.79 $6.39 NB NB NB 57 445-061-00003 $24.80 NB $20.12 $15.79 NB NB NB 58 445-064-00001 $2.45 NB NB $5.98 NB NB NB 59 445-064-00002 $2.80 NB NB NB NB NB NB 60 445-064-00008 $4.40 NB NB NB NB NB NB 61 445-064-00004 $3.50 NB NB NB NB NB NB 62 445-064-00005 $2.45 NB NB NB NB NB NB 63 445-064-00006 $3.00 NB NB NB NB NB NB 64 445-064-00007 $4.25 NB NB NB NB NB NB 65 445-091-00005 $5.50 NB NB $13.97 NB NB NB 66 445-091-00006 $6.80 NB NB $15.97 NB NB NB 67 445-091-00007 $9.75 NB NB $23.97 NB NB NB 68 445-026-00001 $0.45 NB $0.28 $1.24 NB $0.39 NB 69 445-026-00002 $0.50 NB $0.28 $1.24 NB $0.39 NB 70 445-026-00003 $0.80 NB $0.58 NB NB $0.89 NB 71 445-026-00004 $0.80 NB $0.60 $0.60 NB $0.97 NB 72 445-026-00005 $1.65 NB $1.05 $3.84 NB $1.28 NB 73 445-026-00006 $5.80 NB $1.85 $8.38 NB $8.96 NB 74 445-026-00007 $0.75 NB $1.49 $0.69 NB NB NB 75 445-026-00008 $1.20 NB $2.01 NB .- NB NB 76 445-043-00001 $4.20 NB NB $11.30 NB NB NB 77 445-043-00002 $13.35 NB NB NB NB NB NB 78 445-061-00005 :~~: -== NB NB NB NB NB 79 445-061-00004 NB NB NB NB NB NB 80 445-061-00006 $6.40 NB NB NB I NB NB NB 81 445-061-00007 $10.95 NB NB NB NB NB NB 82 445-061-00008 $10.75 NB NB I NB NB NB NB 83 445-073-00001 $18.35 NB NB $37.95 NB NB NB 84 445-073-00002 NB NB I $11.34 I $12.95 NB NB NB 85 445-076-00001 $8.15 I NB NB $5.95 NB NB NB 86 445-088-00001 .. NB NB $0.96 1.16 NB NB 87 445-088-00002 NB NB $3.41 $3.29 NB NB NB 88 445-088-00004 NB NB $5.74 $1.83 NB NB $1.67 89 445-088-00005 NB NB $1.77 $3.97 NB NB $2.23 Additional comparison is based on price only, does not consider the product being offered. KEYNOTE: BLUE - "NO BID" DID NOT MEET SPECIFICATIONS GRAY: AWARDED VENDOR ANNUAL CONTRACT FOR HARDWARE SUPPLIES BIOI 065-1412-05lCJD HARDWARE SUMMARY SHEET ~ 0 U ~ ~ ~ ..J CL U z ~ u 0 CL W ~ :) ~ 4( C) 0 0 ~ 0 ID CL ..J II) cS z w ~ all > ~ Q U II) W ..J Z ~ w i= z ..J C/) 0 0 w C) :& II) ~ 4( a:: ~ l: w w II) 0 0 ~ I 0 :z % w 0 ~ II) 4( % I- ..J Z ~ :& ID :& :) 0 ITEM # COMMODITY # w ~ 0 i > II) 90 445-079-00002 $5.95 $5.03 NB NB NB NB NB 91 445-079-00003 $7.60 $7.02 NB NB NB NB NB 92 445-079-00004 $6.90 NB NB NB $5.80 NB $8.30 93 445-079-00005 $7.60 $7.02 NB NB NB NB NB 94 445-079-00006 $10.75 $9.10 NB NB NB NB NB 95 445-079-00007 $14.40 $11.16 NB NB $11.00 NB $14.04 96 445-079-00008 $16.20 $15.05 NB NB I NB NB NB 97 445-079-00009 $14.95 $13.61 NB NB NB NB NB 98 445-008-00002 NB NB NB NB NB NB NB 99 445-008-00005 NB NB NB $1.77 NB I NB NB 100 445-008-00006 $2.85 NB NB $1.92 $3.80 NB $3.22 101 445-008-00016 $27.60 NB NB $188.60 NB NB NB 102 445-009-00008 NB NB NB NB I NB NB NB 103 445-009-00009 NB NB Iii NB I NB NB NB 104 445-021-00001 NB NB NB $1.88 NB NB NB 105 445-021-00002 NB NB NB NB NB NB NB 106 445-021-00003 NB NB NB NB NB NB NB 107 445-049-00001 NB NB NB NB $0.13 NB $3.40 108 445-049-00002 NB NB NB $2.49 $0.06 NB $5.60 109 445-049-00003 NB NB NB $3.34 $0.07 NB $6.30 110 445-090-00001 NB NB NB NB NB NB NB 111 445-090-00002 NB NB NB NB NB $24.50 NB 112 445-090-00003 NB NB NB $19.97 NB $36.80 NB 113 445-090-00004 NB NB NB NB NB $9.10 NB 114 445-090-00005 NB NB NB NB NB NB NB 115 445-090-00006 NB NB NB NB NB $11.00 NB 116 285-054-00003 NB NB $6.92 I $8.79 NB NB $9.80 117 285-054-00002 NB NB $10.43 $14.75 NB NB $20.25 118 285-054-00001 NB NB $3.55 $3.21 NB NB NB %OFF NOT N/A NOT N/A N/A SUBMITTED SUBMITTED CALENDAR DAYS FOR DELIVERY NOT 10 1-3 1-3 NOT 20 10 30 SUBMITTED SUBMITTED I Additional comparison is based on price only, does not consider the product being offered. l!! cti c ~ g ~ ~ ~ :Q ~ lB ~ = {g ~ f!! 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S? ii:Z -::,:: ::2 0 W ~ Z- Ll.o::: ::2 Z ...J ~ 03 Zo w <( Z 8~ 0 > U U <( UlD U VI.-CONSENT AGENDA ITEM 8.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 2, 2005 July 18,2005 G"oon.) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) [gJ October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November 1, 2005 October 17,2005 (Noon) 0 September 20, 2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [gJ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Armouncement 0 Presentation 0 City Manager's Report RECOMMENDATION: A motion to award the "TWO-YEAR BID FOR THE PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS", Bid # 058-1412-05/JA, to various vendors on a "lot to lot" basis with an estimated two year expenditure of $25,000.00, plus an additional $30,000.00 per year for the new street sign program. CONTRACT PERIOD: OCTOBER 19, 2005 TO OCTOBER 18, 2007 EXPLANATION: On August 24, 2005, Procurement Services received and opened nine (9) proposals, which were computer tabulated on August 25,2005. After a careful review, we recommend an award be made to various vendors on a "lot by lot" basis. The factors used in determining the bid award were 1. Price; 2. Brand Name; and 3. Vendor minimum shipping requirements. All recommended vendors, are considered to be the most responsive, responsible bidders who meet all specifications. Dominic DeMauro, Warehouse Manager, concurs with this recommendation (see attached memo). The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City, PROGRAM IMPACT: The purpose of this bid is to establish prices for various Warehouse stocked items. These items include new and replacement street signs of miscellaneous design, accessories, and parts related to signs used throughout the City. Items will be ordered on an "AN NEEDED BASIS" S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMP ACT: BUDGET ACCOUNT NUMBER WAREHOUSE STOCK 502-0000-141-01-00 ESTIMATED TWO-YEAR EXPENDITURE $85,000.00 2003/2004: ACTUAL EXPENDITURE 200412005: ACTUAL EXPENDITURE Procurement Services .~~ ASSISt t to the Fmance Drrector c: Dominic DeMauro-Warehouse Manager File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach Finance Department WAREHOUSE DIVISION Rf ~-~"erED SEP 2 8 2005 PROCU~SERVICES ---' TO: Mary Munro, Assistant to the Director of Finance Dominic DeMauro, Warehouse Manager ()~ FROM: DATE: September 27,2005 SUBJECT: Street Sign Bid # 058-1412-05/ja I reviewed the tabulation sheet sent from your office. The evaluating factors used were A) Brand name; B) Warehouse processing time. My recommendation is a multi-award to overall low vendor with the exception of the Pre-Faced Signs. Items 18-25. We received samples from the three lowest vendors. Public Works approved the third highest sample for the quality ofthe logo, neatness of the lettering and the reflectivity. Last two year's expenditures were $23,835. The next two year's expenditures will be an estimated $85,000. The reason for the large increase is the Public Works department is rolling out their new street sign program. With estimated expenditures of $30,000 a year. Aluminum Blank Siens Municipal Signs Item # 1,2,3,4,5,6,7,8,9,11, 16 Custom Products Item # 14 Vulcan Signs Item # 10, 12, 13, 15 Pre-Made Metal Siens - Eneineer Grade Vulcan Signs Item # 17 Pre-Faced Street Siens Universal Signs Item # 18,19,20,21,22,23,24,25,26,27,31 Vulcan Signs Item # 29, 30 Allied Tube & Conduit Item # 28, 32, 33 24 x 50 Rolled Facia Nippon Carbide Industries Item # 34, 35, 36, 38, 39, 42,43 3M Company Item # 37 Vector Graphics Supply Item # 40, 41 In addition, the following vendors included a discount of cost plus % for all items not listed on the bid. Universal Sign Vulcan Signs Vector Graphics Supply Municipal Signs Nippon Carbide Industries 20% 10% 15-20% 25% 10% CC: Bill Mummert, Director of Finance ~ )I- p; )l- t-! )I- '<: )I- en ... en ... en ... en ~ en ~ I ~ I ~ Z ~ Z ~ Z ~ en ~ en )> )> < III III III (J) ~ )I- -I ~ -I ... -I .$ -I -I 0 0 0 0 0 -I -I ,- 0 0 m 0 0 ~ H )> )> -,.- )> )> I\) )> 0 0 Ol Ol Ol )> )> ... 0 0 Z 0 Z '" Z '" Z I\) Z ./>. 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VI.-CONSENT AGENDA ITEM B.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 City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 2. 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) [gJ October 18. 2005 October 3,2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17, 2005 (Noon) 0 September 20. 2005 September 6,2005 (Noon) 0 November 15, 2005 October 3 1,2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [gJ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: A motion to approve a "sole source" purchase for four (4) new Siemens Master Drive VFD with W/RV AT bypass Model 65E72 for 300 HP motors for the West Water Treatment Plant from Power and Controls Automation of Tampa, Florida for a total expenditure of: $283,916.00 to include installation. EXPLA.~ATIO~: The four (4) Variable Frequency Drives (VFD'S) for the membrane feed pumps at the West Water Treatment plant are twelve years old and starting to fail. A Variable Frequency Drive has a life cycle of seven (7) to ten (10) years. New replacement parts for theses drives are no longer made, only rebuilt ones are available. These drives do not have a bypass capability so if they fail, the feed pumps cannot be run manually. ., The feed pumps boost the raw water pressure from 30psi to 100psi to push the water through the membranes whitit~ produces drinking water. A feed pump failure or VFD failure would result in a loss of 1.45 million gallons ~~ day of production. CJ PROGRAM IMPACT: These drives have a bypass so the pump can be run manually if the drive fails. We<have two: (2) Siemens drives on our High Service Pumps and they have worked well. Siemens has provided us with:ce):celle~t. service and their parts are available and interchangeable, greatly reducing our spare parts inventory. These drfv~ are $51,228.00 each plus $19,751.00 each to remove the old drive and install the new one for a total purchasClJfice_fw-, four (4) drives with installation of $283,916.00. These drives will be purchased from Power and Controls AutQmat~ij: who are the sole source distributor for Florida. -~ i (~ FISCAL IMPACT: These pumps were approved in the Renewal/Replacement section of the 2005-2006 Budget Capital Improvement Program. Account#: 403-5000-590-96.02 CIPIRENEW AL REPLACEMENT Expenditure: $283,916.00 Project #WTROI7 ALTERNATIVES: A failure in these pumps would result in a loss of 1.45 million gallons of water per day of production. S:\8ULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Procurement Services ~~ AssIstant to e Fmance Drrector S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Dave Ailstock - Chief Operator Barb Conboy - UtiL Admin. Manager File Memorandum Utilities #05-116 RECEIVED SEP~(I 2005 PROCU~t:.KVICES FROM: Mary Munro Assistant to Finance Director Kofi Boateng Vy.^. ~ 'JJ~ - ~--==: Cl r~ A~. Utilities Director l\j ~ '-"-" - .~ TO: DATE: September 27, 2005 SUBJECT: Purchasing 300 HP Siemens Master Drive VFD with W/RVAT Bypass Model 65E72. Commission Approval. The four (4) Variable Frequency Drives (VFD'S) for the membrane feed pumps at the West Water Treatment Plant are twelve years old and starting to fail. A Variable Frequency Drive has a life cycle of seven (7) to ten (10) years. New replacement parts for these drives are no longer made only rebuilt ones are available. These drives do not have a bypass capability so if they fail the feed pumps cannot be run manually. The feed pumps boost the raw water pressure from 30psi to 100psi to push the water through the membranes, which produces drinking water. A feed pump failure or VFD failure would result in a loss of 1.45 million gallons per day of production. We recommend purchasing four (4) new Siemens Master Drive VFD with W/RVAT Bypass Model 65E72. These drives have a bypass so the pump can be run manually if the drive fails. ( We have two Siemens drives on our High Service Pumps and they have worked well. Siemens has provided us with excellent service and their parts are available and interchangeable, greatly reducing our spare parts inventory.) These drives are $51,228.00 each plus $19,751.00 each to remove the old drive and install the new one for a total purchase price for purchasing four (4) drives with installation of $283,916.00. These drives will be purchased from Power and Controls Automation who are the sole source distributor for Florida. Please place this item on the next City Commission Agenda to approve the purchase of four (4) Siemens Master Drive VFD'S with W/RVAT Bypass for 300 HP motors model 65E72 from Power and Controls Automation at 32414 Queen Palm Drive, Suite 100 Tampa, Florida 33619 for the amount of $283,916.00 approved in the Renewal/Replacement Section of the 2005-2006 Budget Capital Improvement Program. If you ha. ve questions, please contact Dave Ailstock at exte.nsion 6f3. _ I..{.o 5"" - s:z,oo .- ~ c) - cr Co. 0 z.-- ~ L:r:: F ~ ~ f~~4f: k>~ 0 (1 Attachment cc: Dave Ailstock \~ tSLYb COr\bC>.( SEP.28.20C5 j':26A1V 954-428-7258-S:EMENS NC.6784 ) SIEMENS September 20, 2005 City of Boynton Beach 5469 W Boynton Beach Blvd. Boynton Beach, FL 33437 Attn: Robert David Ailstock Re: Authorized Distributor Dear Mr. Ailstock, The purpose of this letter is to provide docwnentation that Power & Controls Automation is the exclusive authorized stocking distributor for Automation, Motion and Drives products in Florida Power & Controls Automation has access to the full Ene of products offered by Siemens Energy & Automation. These products include all SIMATIC Automation (PLC's, HMI, Ethernet Switches, Software, etc.), Master Drives, Sinamics Drives, MicroMaster Drives as well as Industrial Control, Molded Case Circuit Breakers, Safety Switches, NEMA and ANEMA Motors, Motor Control Switchgear, Panelboards, Switchboards, Medium Voltage Switchgear and Low Voltage Switchgear. Power & Controls Automation has trained application engineers, local inventory and experienced automation and drives specialists to assist customers in Florida. They have four locations in Florida which are: Jacksonville 803 North Myrtle Jacksonville, FL 32204 (904) 356-5881 (904) 356-8717 FAX Orlando 400 Pittman Street Orlando. FL 32801 (407) 843-5025 (407) 423-9786 FAX Fort Lauderdale 3402 SW 26th Terrace Fort Lauderdale, FL 33312 (800) 918-7867 (800) 918-7003 FAX TamDl! 32414 Queen Palm Dr., Suite 100 Tampa, FL 33619 (813) 386-1023 (813) 623-5591 FAX Please do not hesitate to call if you have any questions regarding this information. ~?- Edward Ray ( 7- Industrial Sales Manager - Florida & Caribbean Siemens Energy & Automation Siemens Energy & Automation, Inc. 700 W. Hillsboro Blvd Bldg. 1, Suite 105 Daeffield Beach, FL 33441 September 20,2005 City of Boynton Beach 5469 W Boynton Beach Blvd. Boynton Beach, FL 33437 Attn: Robert David Ailstock Re: Authorized Distributor Dear Mr. Ailstock, The purpose of this letter is to provide documentation that Power & Controls Automation is the exclusive authorized stocking distributor for Automation, Motion and Drives products in Florida. Power & Controls Automation has access to the full line of products offered by Siemens Energy & Automation. These products include all SIMATIC Automation (PLC's, HMI, Ethernet Switches, Software, etc.), Master Drives, Sinamics Drives, MicroMaster Drives as well as Industrial Control, Molded Case Circuit Breakers, Safety Switches, NEMA and ANEMA Motors, Motor Control Switchgear, Panelboards, Switchboards, Medium Voltage Switchgear and Low Voltage Switchgear. Power & Controls Automation has trained application engineers, local inventory and experienced automation and drives specialists to assist customers in Florida. They have four locations in Florida which are: Jacksonville 803 North Myrtle Jacksonville, FL 32204 (904) 356-5881 (904) 356-8717 FAX Orlando 400 Pittman Street Orlando, FL 32801 (407) 843-5025 (407) 423-9786 FAX Fort Lauderdale 3402 SW 26th Terrace Fort Lauderdale, FL 33312 (800) 918-7867 (800) 918-7003 FAX Tamoa 32414 Queen Palm Dr., Suite 100 Tampa, FL 33619 (813) 386-1023 (813) 623-5591 FAX Please do not hesitate to call if you have any questions regarding this information. Regards, Edward Ray Industrial Sales Manager - Florida & Caribbean Siemens Energy & Automation POWER &. CONTROL~ AITTOltlADON May 26, 2005 To: City of Boynton Beach Attn: William McClain Subject: (4)300HP w/Reduced Voltage Auto-Transformer Bypass Siemens E&A, Inc., Proposal # AC-05081A, Rev. 0 Power and Controls Automation and Siemens Energy & Automation, Inc. is pleased to present this quotation and technical proposal for electrical equipment and services for AC variable frequency drive system for Pump application. Please see the attached documents for our terms and conditions. As one of the world's largest electrical companies, Siemens provides a global experience base in industrial drive solutions. Thank you for the opportunity to present this technical solution to enhance your company's operations. We trust that our technical proposal and prices are of interest and meet your requirements. If you have any questions or require further information, please contact Shelton Snead Toll Free 877.733.6189 x 4545. Sincerely yours, Shelton Snead Drives Specialist Enclosures: Standard Terms and Conditions of Sale cc: Eddie Ray Siemens Energy & Automation, Inc. Power Conversion Division 100 Technology Drives Tel: (770) 740-3000 Alpharetta. GA 30005 Fax: (770) 740-3050 Page 1 of 4 POWER & CONTROL~ AllTOltL\TION I . A DIVISION OF POWER & ~.~ps The following commercial conditions form an integral part of this quotation: Commercial Conditions 1.0 Price Basis The prices are based upon Siemens interpretation of your Inquiry, subject to final clarification and mutual agreement upon the scope of supply. Individual prices, if given, are valid only if purchased as part of the total package. The prices are firm in US $ for shipment in accordance with the stated shipment schedule. The equipment will be shipped F.O.B. U.S. manufacturing facility, domestic packaging, no freight allowed. 2.0 Validity This quotation is valid for 60 days until July 12, 2005. After this date the quotation is subject to reconfirmation or change. This proposal is subject to credit approval and applicable US government regulations. This quotation is also subject to the customer obtaining any licenses or approvals, which may be required by the appropriate authorities. 3.0 Payment Conditions Project prices are based upon the following payment terms: Total Payments are due 30 days after date of invoice. If necessary, it is assumed that payment guarantees or securities acceptable to Siemens will be provided, such as an irrevocable and confirmed letter of credit. The Purchaser shall bear all associated costs for such guarantees or securities. All bonds or guarantees, which might have to be provided by Siemens, are company guarantees. If external bonds or guarantees are required, all associated costs shall be borne by the Purchaser. 4.0 Shipment Period Shipment will be approximately 12 to 14 weeks after receipt of a technically and commercially clarified order. Additional detailed technical clarification is to occur no later than one month after receipt of order. The exact shipment date will be confirmed after receipt of order. Additional detailed technical clarification is to occur no later than one month after receipt of order. 5.0 Taxes and Duties The Prices do not include taxes and duties which may become payable under the country of import law. The purchaser shall bear the total cost of all taxes and duties, and if Seller or its employees shall be required to pay for taxes or duties, the Purchaser shall immediately reimburse the Seller. Page 2 of 4 POWER & CONTROLS AllTOlt'L\TIOl\T 6.0 Other Conditions For all other commercial terms and conditions, the following attached Terms and Conditions shall apply: "Standard Terms and Conditions of Sale" 7.0 Variable Frequency Drive Price Schedule I Scope of Supply The following firm prices are provided as part of this offer. Item Description Qty Unit Price Line Total 1.0 ~ 300HP Enclosed Siemens MasterDrive VFD W/RVAT Bypass 4 $ 51,228.00 $ 204, 912.00 The following items are included: . NEMA 1 enclosure wID rive Fan and Filters . Bypass Reduced Voltage Autotransformer (Taps 50-65-80%) : . Isolator for Analog Output . Control transformer 230/460: 115/230 . Molded case circuit breaker with door mounted operator . Input line reactor, 3% . Output reactor, 3% . Door mounted OP1 S operator panel . Overload Relays . Complete set of documentation, hardcopy and electronic . Warranty per Siemens' terms and conditions(2years) . Standard factory tests . Cabinet dimensions@: will advise Page 3 of 4 POWER & CONTROLS AllTOlt'L\TION t-.c).- DI_vJ.~19~_ _,?_F_!:,_~.~_~_ ~ ._~_~~~ 9.0 VFD Technical Data Control Type: Nominal Rating: Front End: Rated Input Voltage: Rated Output Voltage: Rated Input Frequency: Output frequency at constant flux: Output frequency with field weakening: Rated (max. continuous) output current: Rated Base Load Current (CT): Short time over current: Power Loss: Cooling Air Required: Sound Pressure Level (NEMA 1 enc.): 10.0 Comments and Exceptions Vector Control 300 HP Variable Torque N/A 3-phase AC; 380V -15% to 480V +10% 3-phase AC; OV to rated voltage 50/60 HZ :1::6% o to 200 HZ 8 to 300 HZ 370A 337 A 503 A for 60s (current must be < 337A for 240 sec) 5.05 kW (approximate) 868 cfm (0.41 m3/s) 82 dBA at 1 meter This proposal excludes supply of the following items: . Installation design, construction engineering, installation material, cable, and installation labor. . Training Motors . Spare parts Startup and Commissioning Page 4 of 4 POWER & CONTROLS AlTTOltlADON l ~._t?~I:,!!_.$_I_ ,?N_g_~ ~_~_~.~__&_~ ~_~ ~i June 1, 2005 Mr. William McClain City of Boy ton Beach 5469 West Boynton Beach Boulevard Boynton Beach, Florida 33437 Ref: Siemens Master Drive Start-up & Installation Siemens Industrial Services Neg. No. ATA-2005-05-005-Rev.1 Mr. McClain; As per your request, Power and Controls Automation and Siemens Industrial Service is pleased to submit the following proposal based upon the Siemens Master Drive 6SE72 for Boynton Beach WTP. Equipment Listing Item no. 1 .Qrt Description 4 Siemens Master Drive - 6SE72. (To be utilized on a 300hp, 480 volt motor) 3214 Queen Palm Drive, Tampa, Florida 33619 Toll Free 877.733.6189 Fax 813.623.5591 POWER & CONmOIS AlrroltlADON ~ A ~IY_l.?!.9_.....__ O~_~_~__~~._~ ~ L!:-"_P__~ j Workscope: Siemens Industrial Services will provide the following: . The system will be electrically tested and verified for proper operation before normal power will be applied. . The parameters will be set and programmed per the customer supplied application settings and verified for the four (4) new Siemens Master drives only. . The existing three (3) Robicon drives will be removed and left at your facility outside the existing building area. . The one (1) existinq Siemens drive will be removed, relocated, and placed on a pad in an adiacent buildinq for others to install. connect power cable, control cables. and re-proqram. . Will utilize existinq power cables and control cables for the four (4) new Siemens Master drives to be installed. . The four (4) new Master drives will be installed in the place of existing equipment and made ready for start-up / programming. . To Provide rigging for the four (4) existing drives to be removed and rigging for the four new drives to be installed. . Field report will be supplied One (1) week after each start-up is performed. Customer Responsibility . Make all equipment available upon arrival of Siemens personnel, including removal from service, to permit continuous progression of work. . Provide or authorize Siemens to obtain a source of auxiliary power for operation of test and motorized equipment when normal power is removed. . Be responsible for maintaining power to vital or necessary plant equipment and processes. . Coordinate all outages and perform all switching to de-energizelisolate equipment for each Siemens Master Drive to be Started-up. Page 2 POWER & CONTROLS Alrro'L\TION ~_ ~IYI_~1.9!"____l2!"__~~~_'=-~~~~,_-:'_~J . Provide one (1) representative to assist the Siemens assigned Engineer for coordination of all scheduled outages. . Provide all program settings for each individual Siemens 6SE72 Master drive to be implemented upon receipt of an order to proceed. Pricing Investment for the above Emergency Siemens Technical Engineering assistance labor is: Per trip cost is $19,751.00 x 4 = $79,004.00 Grand Total for four (4) trips is: $79,004.00 Clarifications 1. All prices are net exclusive of taxes, if applicable. 2. Please reference Siemens Industrial Service Negotiation Number ATA-2005-05- 005-Rev.1 on all purchase orders. 3. No additional replacement parts are included in the sell price mentioned above for the A TA-2005-05-005-Rev.1 proposal other than what is stated in the Bill of Material listing. 4. Siemens has proposed for Four (4) individual trips to program, remove existing equipment, install new Siemens Master Drives only, and start-up each drive in the AT A-2005-05-005-Rev.1 proposal that will include travel, expense, and per diem for each mobilization. 5. Supply of new Master Drives to be by Others in the ATA-2005-05-005-Rev.1 proposal. Page 3 POWER &. CONTROLS AlTTOlt'IATlON I i t t A__ ~IVI_51 ~__~_.g_F _~__~__~_~__~_.__~_._~_~ ~_~- 6. Siemens will require two (2) weeks notice for each trip to schedule the appropriate Siemens Drives enQineer. 7. Siemens will re-utilize all existinQ power cables and control cables for each drive to be removed. Siemens has NO allocation for providinQ new power cables and control cables for the four (4) new drives to be installed in the A TA-2005-05-005- rev.1 proposal. 8. Siemens has NO allocation for the disposal of the three (3) existing Robicon drive units in the A TA-2005-05-005-rev.1 proposal that are to be removed. 9. Siemens has No allocation for scheduling of Utility outages, payments for such outages, and or permits required for this project. Safety Training of Siemens Industrial Service Field Personnel All Siemens Industrial Service field personnel completed the Phosphate Council Member Facilities Contractor Safety & Health Training Program in addition to Siemens Industrial Service's internal annual safety training. Furthermore, all Siemens Industrial Service field personnel received training to comply with the new OSHA CFR191 0.269 Electrical Safety Standard, which sets minimum safety rules and practices for the design, operation, and maintenance of high-voltage systems (over 600 volts). Additional Work and Replacement Parts Replacement parts and additional labor required affecting any repairs necessary for proper operation of your equipment would be accomplished exclusively at your written direction and authorization. Any authorized additional work will be accomplished in compliance with the Price List, 49-020, dated December 31, 2004. Terms of Payment An invoice in the amount of the above firm price plus billing for any extra work or delay time will be issued upon completion of the defined scope of work. Payments are due and payable net within thirty (30) days from the date of each invoice. Page 4 POWER & CONTROLS Al1TOltlATION .".:..,,,., I i Terms and Conditions Any order arising out of this offer will be governed by the conditions contained in Siemens Selling Policy 49-000 dated September 2004. This offer limits acceptance to the terms contained herein, including the referenced selling policy. Offer Validity This offer is valid for 30 days unless otherwise extended, modified or withdrawn, in writing, by Siemens Industrial Services. The return of a purchase order or any other reasonable manner of acceptance communicated to Siemens during such validity period will be sufficient to form an agreement on the terms and conditions of this offer. Proprietary Statement This document contains information proprietary to Siemens Industrial Services. Your acceptance of it is an acknowledoment of a confidential relationship between yoU and Siemens with respect to this proposal document. We require it to be returned or destroyed when no lonoer required. We also require that neither this document nor any information obtained therefrom is to be reproduced, transmitted, disclosed or used otherwise in whole or in part without the written authorization of Siemens. Thank you for the opportunity to be of service to you. Power and Controls Automation and Siemens is dedicated to providing all services in a Total Quality manner. We intend to provide quality services at competitive prices, everything rights the first time. If you have any questions, or if we may be of further service, please contact us at (877-733- 6189 x 4545). We look forward to working your Facility on this project. We would appreciate your order. Sincerely, Power and Controls Automation SIEMENS INDUSTRIAL SERVICES Shelton Snead Drives Specialist Page 5 Crr ,,\, . ~ VI.-CONSENT AGENDA ITEM C.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested city Commission Date Final Form Must be Turned Requested City Coounission Date Final Form Must be Tumed in Meetiml: Dates in to City Clerk. 's Office MeetimzDates to Citv Clerk.'s Office 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16,2005 August 1, 2005 0'000) ~ October 18, 2005 October 3, 200S (Noon) 0 September 6, 2005 August 15, 2005 (Noon) o November 1, 2005 October 17, 2005 (Noon) 0 September 20,2005 September 6, 2005 (Noon) o November 15, 2005 October 31, 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: Approval of the Memorandum ofUnderstanding (MOD) between the City of Boynton Beach and the National Conference of Fireman and Oilers, SEW, AFL-CIO, LocalI22? --- 0_. EXPLANATION: The parties have negotiated and reach agreement to resolve to resolve the following issues a~ fortbin the attached exhibits: I . ':. ..;:.~-- Exhibit A: Exhibit B: Exhibit C: Exhibit D: Hurricane PaylEmergency Pay Standby and Callout Pay RecIassification Pay Grievance and Disciplinary Appeal Procedures ~~~-.. \_,~, rj -T] CJ -rl1 ,-; ""'.:> "'in C:1 PROGRAM IMPACT: This MOU affects employees as identified by the specific exhibits within the document.'---' FISCAL IMPACT: The immediate fiscal impact of this MOU is $262,570.19, paid to the employees identified, and as identified in the MOU. ALTERNATIVES: Disapprove the MOU which would then not resolve the outstanding issues regarding, Hurricane PaylEmergency Pay, Standby and Callout Pay, Reclassification Pay, Grievance and Disciplinary Appeal Procedures. 4- ~ ity Manager's Signature /lunJtUJ 1;~ Orc:e,/-, Department Name City Attorney / Finance / Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION ROS - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING A MEMORANDUM OF UNDERST ANDING BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE NATIONAL CONFERENCE OF FIREMAN AND OILERS, SEIU, AFL-CIO, LOCAL 1227 (NCF&O) TO RESOLVE SEVERAL ISSUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boyr.ton Beach and the National Conference of Fireman 17 and Oilers, Local 1227, (NCF&O) have negotiated and reached agreement to resolve the 18 issues of Hurricane/Emergency Pay, Standby and Callout Pay, Reclassification Pay, and 19 Grievance and Disciplinary Appeal Procedures; and 20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 21 the best interests of the residents and citizens ofthe City to ratify this Memorandum; 22 23 24 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 27 ratified and confirmed by the City Commission. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby ratify the Memorandum of Understanding between the City of Boynton Beacp and 30 the National Conference of Fireman & Oilers, Local 1227, a copy of which is attached 31 hereto and made a part hereof 32 Section 3. This Resolution will become effective immediately upon passage. S:\CA\RESO\AgreemenlS"BBPD\MOll - Rlue and \"l1itedoc II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 28 29 City Clerk 30 31 32 PASSED AND ADOPTED this __ day of October, 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner 33 (Corporate Seal) 34 35 S:\CA'.RESO\i\greements\BBPO\'\10U - Blue and While.doc MEMORANDUM OF UNDERSTANDlNG This Memorandum of Understanding is entered into this _ day of , 2005, by and between the CITY OF BOYNTON BEACH (the "CITY") and the NATIONAL CONFERENCE OF FIREMAN, OILERS, SEIUAFL-CIO, LOCAL 1227 (the ''UNION'') for the purpose of modifying an existing Collective Bargaining Agreement between the CITY and the UNION. WHEREAS, the CITY and the UNION have entered into a Collective Bargaining Agreement, the term of which expired September 30,2004 (Agreement"); and WHEREAS, the CITY and the UNION are engaged in an impasse proceeding for a successor Collective Bargaining Agreement; and WHEREAS, there are several pending grievances between the CITY and the UNION, which the parties believe can be resolved as hereinafter set forth. NOW THEREFORE, the CITY and the UNION agree as follows: 1. The foregoing whereas clauses are true and correct. 2. The parties have negotiated and reach agreement to resolve the following issues as set forth in the attached Exhibits: Exhibit A Hurricane PaylEmergency Pay Exhibit B Standby and callout pay Exhibit C Reclassification pay Exhibit D Grievance and Disciplinary appeal procedures 3. Following ratification of this MOU, the provisions of the foregoing Exhibits shall constitute resolution of all grievances and disputes pending or threatened on the issues listed above. The parties agree to withdraw any conflicting proposals in the pending impasse proceeding and agree that their agreement as set forth in this MOU constitutes the controlling status quo on the issues. 4. The Memorandum of Understanding shall become effective as of the date it is ratified by both parties. 5. Nothing herein shall be interpreted or construed in any manner which would preclude either the CITY or the UNION from bargaining any other matter not specifically addressed in this Memorandum of Understanding. S:\CA \Collective Bargaining\NCF&O\Blue Collar\MOUcallouthunicaneKB090805.doc Rev. 08-16-05 w/revisions dated 9/5/05 I THE CITY OF BOYNTON BEACH NCF&O, SEID AFL-CIO, LOCAL 1227 (blue collar) Mayor President City Manager Union Representative Date Ratified Date Ratified ATTEST: Union Attorney City Clerk APPROVED AS TO LEGAL FORM: Office of the City Attorney S:\CA \Collective Bargaining\NCF&O\Blue Collar\MOUcallouthurricaneKB090805.doc Rev. 08-16-05 w/revisions dated 915/05 2 EXHIBIT "A" HURRICANE P A YIEMERGENCY PAY 1. The following bargaining unit members will be paid hurricane pay in full settlement of the pending grievance over hurricane pay for the 2004 hurricane season: See list attached hereto as Exhibit A-I 2. The City will utilize the terms of the CBA for Blue Collar Employees for the 2005 Storm Event called Katrina. The effective local emergency declaration period for said storm was from 12:00 PM (EDT) (noon) on Thursday, August 25, 2005 until 5:00 PM (EDT), Friday, August 26, 2005. 3. Hurricane (emergency) pay shall hereinafter be paid in accordance with the provisions of City Ordinance 2005-036. S:\CA \Collective Bargaining\NCF&O\Blue Collar\MOUcallouthurricaneKB090805.doc Rev. 08-16-05 w/revisions dated 9/5105 CITY OF BOYNTON BEACH WHITE COLLAR GRIEVANCE Hurricane Pay I Amount Employee Full Name Position .DUe ALLEN, BRENT R UTILITIES FIELD INSPECTOR .... 867.24 ALLEN, LEONARD D. WATER PROCESS TECHNICIAN 400.80 BEAN, RENE A. COMMUNICATIONS SPECIALIST 900AS BEAVER,DEBORAH ADMINISTRATIVE CLERK 429..60 BENNETT MICHAEL A LIBRARY ASSOCIATE 393.12 BINGHAM, CARISSA L POLICE RECORDS CLERK 655.20 BISHOP, CATHY E POLICE RECORDS CLERK 393;12 BITTERLlNG, LINDA L COMMUNICATIONS SPECIALIST 600.30 BORGES GLORIA E. LABORATORY TECHNICIAN SR 524;37 BRENNER, EDMUND R SERVICE WRITER 87'1.50 BRYANT, MARIO P COMMUNICATIONS DISPATCHER fJ34:80 CAIN, COURTNEY C. CODE COMPLIANCE OFFICER 711.36 CARIM, FELIX CONSTRUCTION INSPECTOR 436;56 CASSA, SHIRLEY POLICE RECORDS CLERK 477.00 CELIA. FELICIA R. COMMUNICATIONS DISPATCHER 918;60 CLEGHORN, DENISE D. ADMINISTRATIVE CLERK . 41l;72 COLLINS, SUSAN S. RECORDING SECRETARY .......S7'1.44 CONKLIN, CHRISTINE ADMINISTRATIVE CLERK 542;62 CORCORAN, TERRY POLICE RECORDS CLERK . 33.UO CROMARTIE, MERRI ANNE ADMINISTRATIVE CLERK >:..>. ,. m153.'f2 DAVIS, DEBBY J. ASSISTANT FIRE MARSHALL .'885;15 DAVIS, FLORENCE R CUSTOMER RELATIONS CLERK, SR 393.12 DAVIS, TENISHA LIBRARY ASSOCIATE 0;0.0 DOBARD, TIA CUSTOMER RELATIONS CLERK, SR ...' ...,.,.., .... .:4~1;92 DONOVAN, RICHARD R PLAN REVIEW ANALYST, SR. .. 10Q1:.16 ECHEVARRIA, MELISSA M ADMINISTRATIVE CLERK ,..'.. . ..393;12 EICHORST, ROBIN A. CRIME SCENE TECHNICIAN .", . ..., ..... JJ1S;12 ELIZONDO, ARSENIO R. LABORATORY TECHNICIAN SR .,.. ":'. ;695:80 ERSKINE, WILLIAM C. PLAN REVIEW ANALYST, SR. ::.... 1&1:;52 EZZELL, GARY CHEMIST/QUALITY ASSUR OFFICER .. m578:03 FELllTl, ANTHONY M COMMUNITY SERVICE OFFICER ..,.... :'6l6;96 FRYE BEVERLY K COMMUNITY SERVICE OFFICER .. . >/')432.72 FULLERTON, ELIZABETH ADMINISTRATIVE CLERK :.>....,li9.5.\14 GALL, DANIEL BUILDING INSPECTOR, SR. , ......7'36;2.0 GILMORE, KELLE L. COMMUNICATIONS DISPATCHER ..:,... . ..5QQ;10 GREGORCHIK, MICHAEL J BUILDING INSPECTOR :211,';32 GUIFARRO, CHRISTINA B. PERMIT APPLICATION TECHNICIAN 482;04 HALL, KENNETH R ENGR PLANS ANAL YSTIINSPECTOR ....:.. 93Q;96 HALL, OUIDA S. ADMINISTRATIVE CLERK .. .41:1;24 HAYS, LYNN A PERMIT APPLICATION TECHNICIAN ...745.56 HERNDON, KENNETH FINGERPRINT EXAMINER .,.. .'JUJ1';40 JAHNKE, JOSEPHINE A. PLAN REVIEW ANALYST : .1$58;80 JENKINS, JACQUELINE YVONNE CUSTOMER RELATIONS CLERK, SR . .:;.417',24 KATZ, GAIL S LIBRARY ASSOCIATE ..:. :..28Q;98 KELLY, CYNTHIA L. ADMINISTRATIVE CLERK .:.669;96 LAFONTANT, FRANTZ ENGR PLANS ANALYST/INSPECTOR '."..1~;S2 LAVERDURE, RICHARD J. CODE COMPLIANCE OFFICER 8IM,36 LEE, SELWYN R FIRE PLANS REVIEWER/INSPECTOR .. .. ..'109;20 LEWIS, EDGAR J. CODE COMPLIANCE OFFICER, SR ...... 180;48 LEWIS, MONIQUE COMMUNICATIONS SPECIALIST ....:,. 600;30 LLOYD, VICKI L. ADMINISTRATIVE CLERK 501,48 MACINTYRE, JAMES ASSIST ANT FIRE MARSHALL ... l,Q43;SS MADDEN, BARBARA M. RECORDING SECRETARY m:....61'l:.04 MADIGAN, LAURIE A ADMINISTRATIVE CLERK ...643;32 MCCOY EVELYN L COMMUNITY SERVICE OFFICER ... ..S'16;96 MCCRAY, KATIE MAJOR ASSISTANT FIRE MARSHALL 645,30 MCCRAY, PETER OCCUPATIONAL LICENSE INSPECTOR . ..529;92 MCDEAVITT, AMY EMS BILLING SPECIALIST ... 554.40 MCKESSY, ALEXANDRA V POLICE RECORDS CLERK ... .524;16 MCSWEENEY, THERESA M COMMUNICATIONS SPECIALIST . . ... 601'.20 MEEKER, ELIZABETH A LABORATORY TECHNICIAN .. 669;24 n -/ CITY OF BOYNTON BEACH WHITE COLLAR GRIEVANCE Hurricane Pay Employee Full Name MELILLO, MICHAEL J MOYSE. ROSELINE OWENS. MONIQUE PAGLIARULO, JOHN A. PAIT. BRITTON P. PAQUETTE. JEAN PATE. JEANETTE L. PFIEL, DAWN M. PHILLIPS, MARK A PICA, ANTHONY N. PIERRE, VESTIGUERNE PREITE, DENNIS A. PRIEST, JAMES A REILLY, SHARON RICHARDS, NORMA JOY ROCKEY, CLIFFORD W. ROEHRICH, ELIZABETH ROGERS, LESLIE S. ROSA, LORETTA P ROSS. KYLA L. ROSSI, LILLIAN M SCHOEBERGER.JOSEPH SCOTT, BARBARA G. SILVERMAN, AUDREY R. SMITH. CHERYL D. SMITH, JUDITH C. SOODEEN. NANDANIE SARAH STIMPSON. TARA ANN SURAJBALL Y, SUNIL SUYONO, CHANDRA R. THOMPSON. KEITH R. TITCOMB. FRANCIE TROTT, TRACY M TYSON, LANCE A. WEBB, WILLIE J WELSH, PAMELA L. WESTERMAN, LUANN S. WILSON. ANGES YVONNE WOOTEN DON F. Position CODE COMPLIANCE OFFICER, SR CUSTOMER RELATIONS CLERK. SR OFFICE ASSISTANT. SR. PLAN REVIEW ANALYST, SR. SERVICE WRITER ADMINISTRATIVE CLERK CUSTOMER RELATIONS CLERK. SR ADMINISTRATIVE CLERK LABORATORY FIELD TECHNICIAN ELECTRICAL INSPECTOR CODE COMPLIANCE OFFICER ENGINEERING TECHNICIAN PLAN REVIEW ANALYST ADMINISTRATIVE CLERK POLICE RECORDS CLERK UTILITIES FIELD INSPECTOR ANIMAL CONTROL OFFICER COMMUNICATIONS DISPATCHER CUSTOMER RELATIONS CLERK, SR CUSTOMER RELATIONS CLERK. SR ADMINISTRATIVE CLERK CUSTOMER RELATIONS CLERK, SR ADMINISTRATIVE CLERK ADMINISTRATIVE CLERK CUSTOMER RELATIONS CLERK. SR POLICE RECORDS CLERK CUSTOMER RELATIONS CLERK. SR OFFICE ASSISTANT. SR. CODE COMPLIANCE OFFICER POLICE RECORDS CLERK CUSTOMER RELATIONS CLERK. SR ADMINISTRATIVE CLERK PLUMB/MECHANICAL INSPECTOR COMMUNICATIONS DISPATCHER CODE COMPLIANCE OFFICER, SR ADMINISTRATIVE CLERK ASSISTANT FIRE MARSHALL CUSTOMER RELATIONS CLERK. SR CRIME SCENE TECHNICIAN 100 ..~ ........866iI2 '<.:.:i4aO~6B ..41.S,11i .' . ..... . ....... . 4D.iS2 ..m ";IU~68 '.' . "i4SSi24 . .' ..... ....... .' .4'7~,~D6 .... ...gJ~16 ,...i.;~Q;DO :..~;Q4 ....68S~88 . ......:.!i'OSJiS ";1i6~ii68 . .........B2s.~6 ....,.. ..4U;92 .... .'. '....12~;;:Q8 . "':..I!l!Q~68 .., .'. ;....8a~,~4S . '.391~12 ..'~9i28 '<jI25;68 .... "/':'S!l!2~N ....451~48 m.....:.....Q;:Qe · ""+7;~:~96 "":'...'..'111;18 ',......,..'..:21IiL"U "/'lal~6 ...... .......".;,,6.1'~:;21 ,.......U.;ifSIiN :i::::1 ...,S:T:t..32 .~:..... '->~-!:~:;;:!!8ID~IO ';,",',,'.",:781;12 .,.........,....."...;:;.10;52 ".. '.",'162~2D . ......'..183~12 ~ CITY OF BOYNTON BEACH BLUE COLLAR GRIEVANCE Hurricane Pay Employee Full Name ADAMS, WILLIE M ALEXANDER, RANDOLPH ALLEN, LEONARD D. ANDERSON, JEFFERY ANTONUCCI, DARREN ANTONUCCI, TODD R. ARTHUR, CRAIG A. ASKINS, LEWIS ATTANASIO, SILVIO AYERS, GEORGE W BABCOCK, FORD W. BARNES, CHARLES LEONARD BECKLES, BETTY JOE BERGMAN, RONALD BLACK, LINTON C BLACKSIN, FREDERICK M. BLlMEGGER, FREDERICK W. BLOCK, EDWARD J BORNICK, VICKIE L BROCK, ALAN J BROWN, CARLTON L BROWN, JUSTUS G BURNS, JOHN E. BYERS, JOHN R. CALDWELL, CHRIS CANE, JONATHAN D CANE,ROSA CARRION, ALEXANDER CLARK, SILAS COLLET, NANCY A. COLLIN, MICHAEL CRUIT, RICHARD DAMUS, ELlFAITE DAUT A, RAMON DAWSON, NORMAN C. DAZZO, MICHAEL A. DELLlBOVI, NICHOLAS DERONCELL Y, JEAN DEZILME, ALCEGUEUR DOR, ASNOR DOUGLAS, C. NORMAN DOWDELL, JEFFREY R. DUPERVIL, DIEUDONNE EDWARDS, CHARLENE D. EICHORST, RUSSELL A ELLIS, KEITH L. ESPINOZA, MELISSA M. FALSTAD, ERIC A FERGUSON, BRUCE B. FOSTER, STANLEY L. FRANKLIN, PATRICK REVISED - 09/08/05 Amount Que . ... 603.00 414..00 ....... . 40.().80 .. $4a..~2 >d. 4"8~20 ........ 456.0Q 0.0.0 S1a.9(1 ;4.1$;37 m363.$$ I.. ."4".;3Q .... '}848.25 .;.....;.Z2Qi.36 ..'m.'8Z1~50 "666~4S 39~.44 .. ....... '}'s01.30 147.00 ............. ... .}$6'$.56 .;;;.... ";'$00.96 "'06~68 m]'8h11;68 .. '.'3.1a:48 ".566.40 ;..;m..;'}$33~"6 ... ..~6...to m.;m~'3t.04 m.~8'1.04 "S$Q!.OQ .................S02jS6 .....:zS't.68 ;'337'.36 .....;...;.S~~~16 .m....;..:;;I~f),;30 ..m.........'...;Ii&'1":80 '.'.'...4..20 ..........61'2~12 ......168'.36 .';34$~32 .. ......608.68 '..;..';j~I:II.60 "'; '115~36 ....3B:28 ....;;;5Q~ilO ..... .}"$,84J.60 ;1.~02J.65 .........569;25 m .. .... . Bhlsr16 ...... .... . ..~'~.32 ... 1'41:36 ..... .434.'16 CITY OF BOYNTON BEACH BLUE COLLAR GRIEVANCE Hurricane Pay Employee Full Name FREEMAN, ALBERTO GALL, GUS GALLOWAY, ALEN GARCON, ERMICA GAYLE, lAIN E. GERECKE, KENNETH R GLASS, DAVID J GODFREY, RONALD E GONZALEZ, CATHY GRAHAM,ARKANSAS GREEN, IRVIN GREEN, PAUL F. GREENE, ROBERT F. GUIDRY, ERIC GUIDRY, JESSICA V. HALL, BARRY W HAMILTON, KATHERINE HARBOL, DONALD L HARDY, DION P HARMON, ARTHUR HARVEY, FRANK G. HATCHER, ALLEN HESS, ROBERT D HICKMAN, CLARENCE HILLMAN, TERRY T. HOLDAM, JACK P. HOLLIS, REGINALD LENARD HOLLIS, ROBERT L. INGLESE, FRANK ISOM, KAREY R. IVY, WENDELL JACKSON, ANDRA R. JENKINS, CARLOS JOHNSON, THORLEY D. JOHNSON,THORNDALE JONAS, REGINALD JONES, BYRON D JONES, ROBERT JONES, TIM JORDAN, DOVIT KELLY, PHILIP J. KENDRICK, SAMUEL N KRUPER, ROBERT R. LADD, MARK P LAMONS, EDWARD LARSONS, ROBERTA LATONE, PAUL R. LAW, MARKG LEPAGE, LAWRENCE G. LEPAGE, LAWRENCE GEORGE LESTER, LURA L REVISED - 09/08/05 Amount [)lIe 274.32 542.25 .....0.00 .. . ..3'78.36 ..... ~.,.8;88 ........... m $'16.95 .......m< .831.20 .'.y.\622.1JO \.m . .. ..0.00 . .... .~26:'16 .. ...:~~$.90 . ..'23:00 . .......... .J34.96 :596.16 .388..44 .U9.44 1..3.6 . .mL649~$0 m . .4$"'~$O .... ...<...... ....1I.UU .....:....4.:10 m....... 831;0.0 .. .....621.~OO 495~'12 Lm'L'3~$;06 :.863:48 .. ...~~.:$.o .;.433;:20 .:..:....:..ID~40 .- :-t!</I~~8!~40 562ij68 Y...........,'183~'l2 ,....1'14~$4 m,'~~;~.:84 YI~9.60 ,&&..$4 ""'.""..562;2.0 ...Y,.I09.3i2 m',.'il3i1l:10 .... ......11:'1.00 '.'::':3511.56 ... ,\:36'1:2.0 Y:2.68.35 :::.';&$.50 ,.JeT.52 : '455Jl6 "390.87 ,.. m,:31:1.76 ~02~20 '.., ....354.;24 545.76 CITY OF BOYNTON BEACH BLUE COLLAR GRIEVANCE Hurricane Pay Employee Full Name LOUIS, RAMEAU MACKER, JOHN C JR MAHDI, KALEM MARK, JEFFREY MATHIS, JAMES D. MATTHEWS, JOE L. MCCRIEF, RONALD A MCGEE, PERNELL E. MIERKE, LANSON R MILLER, DAMIAN L. MILLlNES, DURON R. MIMS, JAMES ALLEN MITCHELL, RAYANTHONY MONCRIEF WILLIAM S MOORE, ALTON MOORE, HENRY J MURDAUGH, JONATHAN NEWTON, RODNEY L. NIESOLOWSKI, DIANE L. NORFUS, MICHAEL ODOM, ERIC L OLSON, CHRISTOPHER ORSENO, GREG M. OSBORN, MICHAEL L. PATTERSON, JOHN L PERALES, DANIEL PEREZ, JOSE PETERSON, ARTHUR PRADO, RAY F PROANO, FABIAN E. RAZZ, MARVIN C RAZZ, TOMMY L. REDDICK, ROYSTON, JR. REDDICK, ROYSTON, SR. RICHARDS, JOHN W. RIGGLEMAN, DAVID W. ROBERTS, CAROLE ROBERTS, DONALD A ROBERTS, EDDIE L. ROBERTSON, DRAVIOUS V. ROBINSON, ANDRAE RODRIGUEZ, FRANCISCO ROLAND, DAVID F. ROSENBERG, MICHAEL ROSETTI, ROCCO V. ROUNDTREE, RICKY R. RUS, BRIAN A. SAAD, DANIEL E. SAUBERER, PABLO SAUNDERS, DAVID B SAVAGE, JAVON 0 REVISED - 09/08/05 Amount m..Pu. . . . 04~1.92 ....... .4~().OO ..... .. ..... 43;~.28 . .... So$.25 i~a~PIO ......4-6$.50 .... ..... ...m9118;90 ..........481:1;24 ...~$.;SO ag~O Ej~();80 .::'t'l,~$O .m:'l~$~~5 333~72 .'~1I1;60 1m.... ~.l'Z;68 ....1~U~4 .<7-01~6 .. .$Ql.15 m:4~28 .......!:).)2~;()8 .. .. m.....42&~3.0 '.':..31~m80 ..':)'71$..66 m..:'.60!;20 ',:qBl]O! . ...:r::'''~,1I,i'l:2 "!:e~a9 "$Of)iOO m:'....'[:S7Ii60 "'E'[I.iOO ...'..'[:J38,mSO ."',illiSS ..\:!::tl~I~5 .:::"'--:.-:.:~::1:-;i;i.:i:.~!::(:!!IJf;I~IO ",.::llI";SO ..;i-.;;:i~~..~~;~:,..~;ilU~~6 ....'....;96 >.>:621iIO r~;~:~ ~~~:::;:.:::~ :,.:::.:::::i~~;:~;:;~~_~ltl~IB .... . .:'6Sa:so .'::'.4~.aQ '611'1i10 ,~7'...60 ,'m m \571~68 .....55..;88 >0.00 ..... maSa.52 CITY OF BOYNTON BEACH BLUE COLLAR GRIEVANCE Hurricane Pay Employee Full Name SHEPAUM, DAVID SIMMONS, ANTHONY C. SMITH, CHARLES S SMITH, RICHARD K SMITH, TINA S. SOTO, JOSE SPRENG, STEVEN P. STAIANO, PERRY P. TALEGRAND, DIEU TAYLOR, BARRY A. TAYLOR, MICHAEL F TAYLOR, PHILL TAYLOR, RONALD THOMAS, WAYMON TOOKES, ANDRE UNDERWOOD, ARCHIE L VICKERS, BARBARA R VICKI, RODNEY VILLANACCI, PETER M. WALKE, RICHARD S WALTON, MICHAEL L. WATSON, CRAIG F. WEEKS, RANDY K WEIR, CHARLES WHITE, A. LEON WHITE, GREGORY L WILLIAMS, STANLEY T. WOLCOTT, JOHN C REVISED - 09/08/05 .' "15Q~;t6 '.~aQ ......."$~',I . .."."'.~I;~Jn m."..'/').I':I'I~Q'" . mm ."..,5.9~QO .,m_. n.I.~1 ".,m......nSIIW~,1 ...'/..:C';3.~S$ '''','.',;:.'I.~ID ';";....:'......'...!.".:!.itIUI ,";''..;.,'I~I\II ,.'!!'!.":;.la~ID "'''''.'.SIs:Jl3S ."T':,191il~SO " >.T'.,'~~1~3~ ,.,'.;'..;;.181411 .......;"';.,.;181. ,...,..,m:',!;'.'i'.~ID .... """"'!"';III~nQ ',;./;';';.'.:,.r~I" '["j".'IOSJ.,1 ":"'..:<.",t.rl:2.1~3S '."'..'.T"..II~IO '.,.;';'.mS~I~30 ;...".,..;m_~~n EXHffiIT "B" STANDBY PAY AND CALL OUT PAY Section 1. STANDBY PAY In order to provide coverage for services during off-duty hours, it may be necessary to assign and schedule certain bargaining unit employees to standby beeper duty. A standby beeper duty assignment is made in writing by a department director or hislher designee who requires an employee on his/her off-duty time, which may include nights, weekends or holidays, to be available to perform his normal daily job function during off hours, due to an urgent situation. The written directive placing an employee on standby shall specify a starting and ending period. Employees placed on Stand-by shall be assigned a take-home vehicle in compliance with the department's rotation list appropriate for the completion of the task required of the employee should he/she be called back to work. All take home vehicles shall be equipped with Automatic Vehicle Locators (A VL) capable of tracking a vehicle's location and the time of day. The A VL capability will substitute for the City time clock for those employees responding to emergency situations in take home vehicles. Therefore, those employees on Stand-by will not be required to punch in or punch out on the normal City time clock and instead may travel directly to and from their home to the work site when responding to after-hours emergencies. For payroll purposes, the starting time of the employee responding to emergencies will be that time when the vehicle leaves the employee's home and the ending time will coincide with provisions outlined in Section 2, CALL BACK PAY. An employee who is called while on standby but who only responds by telephone or electronic communication is not entitled to call back pay however, the employee shall be entitled to one hour of straight time pay, up to a maximum of five (5) such one-hour payments in a seven-day standby period. Any subsequent call responses are considered as compensation under the initial standby pay allowance. Such pay shall be documented with the time of call and a summary of resolution of the incident telephonically or by electronic communication on log sheets prescribed by the City. If the duration of the call is less than 15 minutes, such time shall not count toward hours worked for FSLA purposes. The employee shall receive one hour of pay at time and one half the employees base rate of pay for each 24 hour period that they are assigned standby beeper duty. Time spent on standby does not count as time worked for calculation of hours worked in a workweek or for overtime purposes. S:\CA \Collective Bargaining\NCF&O\Blue Collar\MOUcallouthumcaneKB090805.doc Rev. 08-16-05 w/revisions dated 9/5105 Section 2 CALL BACK PAY: Any employee called back to work after having been relieved and having left the assigned work station or called in before his/her regularly scheduled work time, shall be paid the actual time worked at time and one-half or a minimum of two (2) hours pay at straight time when such callback is between the hours of 8:00 a.m. and 12:00 p.m. (midnight), whichever is greater. When such callback is between the hours of 12:01 a.m. and 6:59 a.m. the employee shall be paid the actual time worked at time and one-half or a minimum of three (3) hours pay at straight time, whichever is greater. If work conducted on the call extends into normal work hours, the time worked will be paid at straight time. Employees called back to work during lunch breaks are not entitled to Call Back Pay. ill this case the finishing time for that particular work day will be adjusted accordingly. After an employee has been called out once during the employee's time off, all subsequent call outs occurring prior to the employees next regular shift will be at a rate of one and one-half (1112) times his/her base rate of pay for actual time worked. If work conducted on the call extends into normal work hours, the time worked after the start time will be paid at straight time. Call out pay constitutes premium pay. Hours worked on call out count as hours worked in the employee's work week. S:\CA \Collective Bargaining\NCF&O\B1ue Collar\MOUcallouthunicaneKB090805.doc Rev. 08-16-05 w/revisions dated 9/5105 Exhibit "e" CITY OF BOYNTON BEACH Reclass Waae Increase Grievance Total Current Earnings 5% Employee Full Name Actual Position Title Grade Hourly Rate 8/19/09-09/01/05 Retro DORNIEDEN, VICTORIA K. ACCOUNTS PAYABLE SPECIALIST 11P 14.03 52,255.95 2,612.80 VACANT ANIMAL CONTROL OFFICER 13P DAVIS, DEBBY J. ASSISTANT FIRE MARSHALL 19P 20.70 86,298.11 4,314.91 MACINTYRE, JAMES ASSISTANT FIRE MARSHALL 19P 24.60 103,547.59 5,177.38 MCCRAY, KATIE MAJOR ASSISTANT FIRE MARSHALL 19P 22.38 92,088.57 4,604.43 WESTERMAN, LUANN S. ASSISTANT FIRE MARSHALL 19P 19.50 81,182.99 4,059.15 GREGORCHIK, MICHAEL J BUILDING INSPECTOR 17P 16.19 34,805.78 1,740.29 ICARO, DANIEL L BUILDING INSPECTOR 17P 15.87 10,791.61 539.58 STEG, GLEN D. BUILDING INSPECTOR 17P 20.74 80,477.49 4,023.87 GALL, DANIEL BUILDING INSPECTOR, SR. 19P 21.80 84,795.57 4,239.78 WILSON, GRACE A. CADD TECHNICIAN/DESIGN SUPV 15P 19.18 82,270.51 4,113.53 EZZELL, GARY CHEMIST/QUALITY ASSUR OFFICER 20P 22.23 90,518.38 4,525.92 BROWN, LENWORTH E COMMUNICATIONS DISPATCHER 12P 13.51 23,143.51 1,157.18 CLOWES, ELIZABETH R COMMUNICATIONS DISPATCHER 12P 13.78 41,907.09 2,095.35 IMMLER, PHILLIP M. COMMUNICATIONS DISPATCHER 12P 13.12 2,584.64 129.23 JOHNSON, WUINADA COMMUNICATIONS DISPATCHER 12P 13.12 1,535.04 76.75 ROST, KIMBERLY COMMUNICATIONS DISPATCHER 12P 13.12 1,535.04 76.75 YANES, LESLIE V COMMUNICATIONS DISPATCHER 12P 13.51 18,203.48 910.17 LAW, SCOTT R ELECTRICAL INSPECTOR 17P 19.04 23,514.40 1,175.72 PICA, ANTHONY N. ELECTRICAL INSPECTOR 17P 20.63 75,173.85 3,758.69 PREITE, DENNIS A. ENGINEERING TECHNICIAN 18P 20.02 83,342.88 4,167.14 HALL, KENNETH R ENGR PLANS ANALYSTIINSPECTOR 18P 25.86 121,365.10 6,068.26 LAFONTANT,FRANTZ ENGR PLANS ANAL YSTIINSPECTOR 18P 20.52 81,463.82 4,073.19 ELIZONDO, ARSENIO R. ENVIRONMENTAL INSPECTOR 16P 18.75 70,326.14 3,516.31 BLOCK, EDWARD J. FLEET MECHANIC 14P 16.60 70,022.86 3,501.14 LADD, MARK P FLEET MECHANIC 14P 22.85 105,924.54 5,296.23 PEREZ, JAVIER M FLEET MECHANIC 14P 15.00 9,735.19 486.76 PRADO, RAYF FLEET MECHANIC 14P 15.00 55,430.76 2,771.54 RODRIGUEZ, FRANCISCO FLEET MECHANIC 14P 19.89 86,932.03 4,346.60 BERGMAN,RONAlD FLEET MECHANIC, SENIOR 15P 19.50 84,514.28 4,225.71 DAUTA, RAMON FLEET MECHANIC, SENIOR 15P 20.21 90,605.60 4,530.28 CRAWFORD,CHARLESJ PARKS/RECREATION CREW LEADER 13P 17.91 77,688.85 3,884.44 HARRIS, JAMES PARKSIRECREATION CREW LEADER 13P 17.31 74,860.02 3,743.00 SAULTER, DWIGHT PARKSIRECREATION CREW LEADER 13P 17.17 76,658.81 3,832.94 TROTT, TRACY M PLUMB/MECHANICAL INSPECTOR 17P 16.80 42,672.75 2,133.64 PATRICK, JOSEPH W. PLUMB/MECHANICAL INSPECTOR, SR 19P 22.05 85,069.69 4,253.48 110,162.15 EXHIBIT "D" GRIEVANCE, ARBITRATION, AND APPEALS OF DISCIPLINARY ACTION 12.0 GRIEVANCE AND ARBITRATION PROCEDURES 12.1 A grievance is defined as a dispute or disagreement involving the application or interpretation of this Agreement. 12.2 No employee or group of employees may refuse to follow directions pending the outcome of a grievance except where safety would be jeopardized. Employees in the bargaining unit will follow all written and verbal directives, unless the employee has an objective basis to believe that hislher health and safety is threatened. Compliance with such directive will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. The parties agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute involving the application or interpretation of the Agreement. 12.3 All grievances shall be in writing on a form prepared by the City and Union. All responses to a grievance must be in writing and dated by the responding party. Grievances not appealed to the next higher step within the prescribed time limits will be considered withdrawn and need not be further processed by the City. Failure by management to observe time limits for any step of the grievance procedure shall entitle the employee to advance the grievance to the next step. Grievance time limits may be extended only by mutual written agreement of the Union and the City. 12.4 GREIV ANCE PROCEDURE STEPS 12.4.1 Step 1. Within ten (10) working days of the incident or the time which the employee had knowledge of the incident, the Union may initiate a grievance with the employee's Department Director. The grievance shall be hand delivered or send by facsimile during regular working hours (8:00 AM to 5:00 PM). The written grievance must state the following: A. Statement of the grievance and the facts upon which it is based. B. The Article Sub-Section( s) of this Agreement alleged to have been violated. C. The action, remedy, or adjustment requested. D. The signature of at least one aggrieved employee and of a union representative (Union Official or Steward) and the date filed. C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKDl \MOUcallouthurricaneKB090805.doc Rev. 08-16-05 w/revisions dated 9/5/05 E. A statement indicating the grievance is a class action grievance, when appropriate. Any and all grievances submitted as a class action must be signed by a Union Official (president or Vice-President). F. A statement identifying the positions of the class of workers affected when brought as a class grievance. Any and all grievances submitted as a class action must be signed by a Union Official (president or Vice-President). The Department Director shall respond to the grievance on or before 5:00 PM on the eleventh (11th) business day following the date of receipt of the grievance. Step 2. In the event the employee is not satisfied with the disposition of the grievance by the Department Director the Union shall have the right to file a written appeal of the decision to the Human Resources Director within five (5) days of the date of receipt of the Department Director's decision. Within five (5) days of receipt of the grievance, the Human Resources Director will contact the aggrieved employee and schedule a meeting within five (5) days to discuss the matter. c) The Human Resources Director or designee shall respond in writing to the employee within five (5) days ofthe meeting. Step 3. When a grievance is not settled under the forgoing steps of the grievance procedure, the Union, within twenty (20) days of such decision, may refer the dispute to an impartial arbitrator from the pre-selected panel of arbitrators appointed by mutual agreement of the parties. The arbitrators shall set the hearing on the matter appealed will be heard within ninety (90) days following appointment. If the arbitrator is not available within the ninety (90) day period, the next arbitrator shall be used. The arbitrator shall make a final and binding ruling within thirty (30) days following the hearing or, when requested by either party, the submission of briefs . The City and the Union shall select a panel of six (6) arbitrators from the Federal Mediation and Conciliation Service (FMCS). The City selected three (3) arbitrators and the Union selected three (3) arbitrators. These arbitrators, shall hear grievances on a rotating basis, beginning in alphabetical order of the arbitrator's sir name. 12.5 The arbitrator shall have only jurisdiction and the authority to apply and interpret the provisions of this Agreement. He/she shall not have jurisdiction to alter or change in any way the provisions of this Agreement and shall confine the decision solely to the issue of interpretation or application of the Agreement presented. The decision of the arbitrator on any matter within his/her jurisdiction shall be final and binding on the Union, the City and the employee covered by the Agreement. When the arbitrator has been selected by the parties, the City shall have ten (10) days from receipt of notice of appointment to raise arbitrability as a defense, If arbitrability is raised by the city, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKD1\MOUcallouthurricaneKB090805.doc Rev. 08-16-05 w/revisions dated 9/5105 prior to the commencement of an arbitration hearing on the grievance itself, if the matter is arbitrable. The issue of arbitrability shall be determined in summary fashion without a hearing. The parties shall submit the issue to the arbitrator by motion of the city with supporting documentation and/or affidavits. The Union shall file its response with supporting documentation and affidavits within ten (10) days of the City's motion. The arbitrator shall make his/her ruling based on the documents provided by the parties. The arbitrator may, at the arbitrator's discretion, conduct one telephone conference with counsel for the City and Union prior to ruling on the City's motion. If the City raised the question of arbitrability and loses that determination, the City shall pay the arbitrator's fee for the arbitrability determination. If the City raised the question of arbitrability and the arbitrator determines that the matter is not arbitrable, the Union shall pay for the arbitrator. 12.5.1 The City and the Union agree to share all information each party will present to the arbitrator no later than ten (10) days prior to the date of the arbitration, even if such information was accumulated after the final grievance step or after the terminated employees' pre- determination hearing. 12.6 The hearing shall not be formal and the strict rules of evidence shall not apply. 12.7 The parties shall divide the arbitrator's fee and expenses equally. In the event of a settlement, the arbitrator's fee and expenses shall be born equally by the parties, unless they agree otherwise. 12.8 The term "day" shall mean Monday through Friday, exclusive of holidays, as recognized by this agreement. C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKDI \MOUcallouthurricaneKB090805.doc Rev. 08-16-05 w/revisions dated 915105 13.0 DISCIPLINARY APPEAL & ARBITRATION PROCEDURE 13.1 Probationary employees shall not have the right to appeal any type of disciplinary action. 13.2 Regular employees may respond to discipline actions of counseling, written reprimand and suspensions with or without pay, of, less than one (1) workdays by requesting administrative review by the Human Resources Director. Such request shall be made within ten (10) calendar days of the imposition of the discipline. The Human Resources Director shall review the disciplinary action in question and shall either sustain, reverse, or modify the disciplinary action. The Human Resources Director's disposition shall be made within thirty (30) days of the employee's request for review. The Human Resources Director's disposition is final and not subject to further review. 13.3 Regular employees have the right to binding arbitration of any suspensions without pay of one (1) workdays or greater, or dismissals by requesting binding arbitration within ten (10) business days of the employee's receipt of formal notification of recommended suspension or dismissal. 13.4 The City and the employee may waive the selection process by mutually agreeing to the appointment of an arbitrator. If there is no waiver the City shall request a panel of five arbitrators from the American Arbitration Association or the Federal Mediation and Reconciliation Association within ten (10) days of a request for arbitration. The City and the employee shall alternately strike one name, until one name remains and that individual shall be designated as the arbitrator. 13.5 The arbitration shall be scheduled within forty-five (45) days of the date of appointment of the arbitrator. Continuances shall not be granted except for good cause and in any event, not more than one continuance shall be granted to either the employee or the City. 13.6 The decision of the arbitrator shall be made within twenty (20) days following the close of the arbitration or submission of written briefs, whichever occurs last. 13.7 The decision of the arbitrator is binding and final. 13.8 The arbitrator may modify the discipline. 13.9 The arbitrator's charges, including fees and costs shall be divided and paid equally by the parties to the arbitration. Each party shall be responsible for their own attorney fees. C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKD 1 \MOUcallouthurricaneKB090805 .doc Rev. 08-16-05 w/revisions dated 9/5105 ~:~ VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.2. AGENDA ITEM REQUEST FORlvl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office 0 August 2. 2005 July 18,2005 (Noon.) 0 October 5. 2005 September 19,2005 (Noon) 0 August 16. 2005 August 1.2005 (Noon) ~ October 18, 2005 October 3,2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17,2005 (Noon) 0 September 20, 2005 September 6, 2005 (Noon) 0 November 15,2005 October 31, 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 and authorize signing of an Agreemeut for Water Service Outside the City Limits with Thomas W. Cornutt for the property at 7841 Loomis St, Lake Worth, FL (Tropical Terrace LT 135). EXPLAL"'JA TION: The parcel covered by this agreemeut includes a single-family home in Tropical Terrace. Only potable water is available for connection to the property at this time. (See location map) PROGRAM IMPACT: A Water Distribution main exists in the vicinity, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None fY RNA~S: None. This parcel is within the Utilities service area. <3 "'-- , '\.A-'" ' Departme ~ City Manager's Signature Utilities Department Name City Attorney I Finance I Human Resources XC: Peter Mazzella (wi copy of attachments) Michael Rumpf, Planning & Zoning Anthony Penn File S:\BULLETIN\FORMS\AGENDA 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 CITY 8 OF BOYNTON BEACH AND THOMAS W. CORNUTT; 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 7841 Loomis Street, Lake Worth, Florida (Tropical 14 Terrace Lt. 135); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 in Tropical Terrace which only potable water is available for cOll..llection at this time; and 17 WHEREAS, a water distribution main exists in the vicinity allowing for the service to 18 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 SectiQn 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 Thomas W. Comutt, which Agreement is attached hereto as Exhibit "A". S:\CA\RESO\Agreements'.Water Service\Cornutt Water Service Agreement.doc 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 1/ I: 1 Attest: Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of , 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S:\CA\RESO\Agreements\Water Service\Comutt Water ServIce Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this _ day of ,200_, by and between -r;'cJm~~ W. (I OI2/7U rr- hereinafter called the "Customer", andtheOTY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from 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 ~ 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. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to 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. 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 ofPaIm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements 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 casualties or other circumstances beyond the City's . reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its,Mayor, Members of the City Connrussion, 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 connect~ 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. J ~ IN WITNESS WHEREOF~he parties hereto have set their hands and seals this ~ day of e IJ-f.ern r -t7 f? , 200 ~. I - WITNESS: ~t{ ~=r:nat~t ;11(7)' Printed Witness Name . J'~ ~UAL(S) AS OWNER(S): .=4- Owner Signature /i,ofYlltS LV Cb~J\ ) Printed Owner Name "~/tZt,~?~,4.; Witness Signature S uJlIN C'OLL"zN J' Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Thelin's lU - ('OR ~ u-f I- 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: r- /0 f( l db... f) ,eIP ~~ S L "c t' ~ S -...e ~ (' WITNESS my hand and of!cial seal in the County and State last aforesaid this "d '] day of -.J e;O -fy hi bofiL , 200~ , (Notary SeiJJt,"!III, Barbara M. Madden _,:-~."~"c~::~f';'-:. Commission # DD125274 ; ,~! ~ i~ ~ Expires July 19 2006 "..--.~......... . -"'7~':.-;.....;"::~~~ Bonded Thro "llf/;';~'\" Atlantic Bonc!illg Co., Inc. ~ft...JIA~ Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ATIEST: 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 Oerk 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 ,200__ day of (Notary Seal) Notary Public 5 Palm Beacb County PfC'perty Appraiser Property Search System Page 1 of2 :~ry R: flr.> . i'~'J!'Tii~~~ ".rDdil Ap"rai'lr's PubliC Access S'rs'e~1 ,,~fl;~1,'I4, .Mu _ ,~.."." .. l' .. ~Jl;(..~ ..l i"" . ,.. ~ .. ! ,~ 1", l.. r; .""; ~ r _ t - -: T ~ J c: 1" ! ~ ' II li",:i;I~1t< , I ; f Property Information Location Address: 7841 LOOMIS Sf ~ . , . Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-10-07-000-1350 Subdivision: TROPICAL TERRACE IN Official Records Book: 18812 Page: 462 Sale Date: Jun-2005 Legal Description: TROPICAL TERRACE LT 135 Owner Information Name: CORNUTTTHOMAS W ~.....~.I Mailing Address: 7841 LOOMIS Sf LAKE WORTH FL 33462 6119 Sales Information Sales Date Book/Page Jun-2005 18812/0462 Dec-1985 04805/0973 May-1982 03730/1233 Price Si:tle Type Owner $120,000 WARRANTY DEED CORNUTT THOMAS W $22,000 WARRANTY DEED $100 WARRANTY DEED [Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 0100 Tax Year 2005 Number of Units: 1 *Total Square Feet: 606 * in r_idential properties may indate living .rell. Tax Year: Assessed Value: Exemption Amount: Taxable Value: / Cion"'"", ~~, I Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~ ~"....I I 1<<"p..",.PJU.&><"~, I NOTE: Lower the top .nd bottom ....rgins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Record Search I Information I Exemptions I Community I Employment I Ne\NHome Eluyer I Office Locations Value Adjustment Board I SaveOurHomes I SeniorCorner I Disclaimer Home I Links I Glossary I FAQ I Forms I Contact Us I PAPA http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=00434 51007000... 9/27/2005 ~yk', t~ It- THIS INSTRUMENT PREPARED BY: James A. Cherot, Esquire 3099 East Commercial Blvd. Suite 200 Fl. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF fa //71 t5f ~t(h IIWe, ThcJrrt/ls 0. (:tJ~l1ufr , 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: o 0 - y 3 '- Y "J-- J 0 ~ 0.] - 000 - 13 ~ - () The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, ~ FLORIDA, shall commence and be in full force and effect on the ;;) 3 day of ~-IfYl b-fe , 200~- and the powers and authority shall be irrevocable by Grantee. .. ';} .J- IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ J day of ,~{J of ~ tn b -(It:... , in the year two thousand and F.' v -( . , Sealed and delivered in the presence of SI~V'(i,~ Cc+f!{" , ~ Witness Signalure . Owner Signalure . ---rhOfV\ AS> Lv QRNVl) Printed Owner Name J'/J/1/I./ L) (,ILL iVI pri.n. led Witness Name ~. \LeJ~^ ~ f . Witness Signature \l? ) (1)0\ Printed Witness Name YYl ; ) )E'-6 " ~;.' Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA COUNT'( OF PALM BEACH ) _) 5S: .) ..-v(/q THE FOREGOING INSTRUMENT was acknowledged before me this :r;J day of Sf LJ1-e m b"",-- , . 20t?~, by 7 h(1 /'}'JUS tv {"o ~ n IA. +--1- and I - / ' who are known to me or who have produced FJ..()II;clo. /JR >{)fP IP s J...J'( t'r/f;,. (' as identification and who did/did not take an oath. \\\'II~"I, B .:-"b~;~ arbara M. Madd ;: '!":':&~::C01ll.Il1issio . en ;'5\ i,;.:: 1:....... n # DD125271 ~~.~ '~$ -t'lI'es July 19 2006 ""oq\~:,'f',, Bo d . "1'"111\\\''\ Atl.. ti n ed Thru iiI) C Bonding Co., fuc ~~, ~,A~ NOTARY PUBLIC Type or Pril)t Name Commission No. My Commission Expires: ... I ! / ,I 0690 I 0820 1 I l I' 0671 /' I 0830 i ~ I III I 0660 j ---1 I . I I 0850 / ~ ,/1 064 ",,-..1. ,! _ I I r-----r- ~ . / i 0631 / 0870 ; I ~ I I I [ ) 0890 I 0610 1 , I 0600 j I I 0690 I I I I i . I III j , : , l ; ! i II : I , 1 in. = 130.0 feet 0320 0171 0330 -i I I ~ I I I 0160 I 0150 -, I , I I 0140 I I I I I I d I 0130 0120 0110 0100 \ j I !I 0080 I I 0341 i , I I ! 0390 i I 0400 I I I l I 0410 0420 0430 0070 0440 Ii I 0450 i 0050 I I 10030 i I j bo10 / / I i 0360 0371 I j I I 0100 0800 1200 1190 1180 1170 1310 III 1700 ,~ I I , I 1680 / 1320 1330 I 1760 /- , i 1no I I I ; 1790 ! . It 1160 tlL it 1360 1640 0810 0920 0930 0570 OMO 0580 0850 1400 l I 1411 I ' 1090 I I'" 1590 1070 ~, I 1580 I 1860 i 1440 ---j I I ! . , 1.go I I 1550 I 1860 I "f II II' ~---J 1460 I 1880 [ 1040 I I I 1540 I I 1470 j I ~ 1890 j 1030 I i~' 1530: i_r ' r I I 'j . j' I' I I , 1010I'020! 1490 i ! 15101 1520 11920, I I I I I I III 1140 1120 ) 1110 [ I 1 I I 1100 j f j i I ' I 1_106G f ' 1050 1370 1380 i 1620 I , I j I 1830 0860 0540 [ I i 0970 I I , , 10990/1000 I ! IU 1810 1610 1800 1840 Location Map - 7841 Loomis St 0530 0510 VI.-CONSENT AGENDA ITEM 0.1. 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 Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 2,2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon) 0 August 16, 2005 August I, 2005 (Noon) [8J October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17,2005 (Noon) 0 September 20, 2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF rgJ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation " r.') 0 City Manager's Report '.' r...) RECOMMENDATION: Please place this request on the October 18,2005 City Commission Agenda unl!ci Consent Agenda. The Planning and Development Board recommended that the subject request be approved on -.:1 , September 27,2005. For further details pertaining to the request, see attached Department of Development MemOl;nidun:l:'~', r<) .. "~- No. PZ 05-174. .-~) ~2i Ci ,.'e; EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Quantum Park Lot 3 (USAP 05-001) Joey Caballero, 5th Avenue Inspections, Inc. Joey Caballero 2419 Quantum Boulevard, Lot 3 Request Use Approval for a School and Educational Services - Home Inspection Trade Training Center (weekends only). PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A ~_M' Develo 7 ) ~ /./1/.(-/. ~ Planning and ni g DIrector CIty Attorney / Fmance / Human Resources S:\Planning\SHARED\WPiPROJECTS\Quantum Lot 3\USAP 05-001 Home Inspections\Agenda Item Request Quantum Pk Lot 3 USAP 05-001 10-18- 05.dot S:\BULLETIN\FORl'v1S\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-174 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission Michael Rum~O~ Director of Planning & Zoning THRU: FROM: Eric Lee Johnson, AICP Planner DATE: September 16, 2005 PROJECT NAME/NO: Quantum Park DRI, Lot 3 / (USAP 05-001) REQUEST: Use Approval for 5th Avenue Building Inspections, Inc. PROJECT DESCRIPTION Property Owner: 5th Avenue Building Inspections, Inc. Agent: Joey Caballero, President / 5th Avenue Building Inspections, Inc. Location: Quantum Park DRI Lot 3, Building 10, Unit A Existing Land Use/Zoning: Office - Industrial (01) / Planned Industrial Development (PID) Proposed Land Use/Zoning: N/A Proposed Use: School and Educational Services - Home Inspection Trade Training Center (see Exhibit "Dff - Quantum Park DRI Use List Revision Request) Acreage: 4.075 acres Adjacent Uses: North: Right-of-way for Lake Worth Drainage District L-21 Canal, then farther north is developed residential property (Dos Lagos) with a Low Density Residential (LRC) use designation, zoned Planned Unit Development (PUD); South: Right-of-way for Quantum Boulevard, then further south is developed property with an Office - Industrial - Hotel (OIH) use designation, zoned Planned Industrial Development (PID); East: Developed property (Masonic Lodge) with an Office (0) use designation, zoned Planned Industrial Development (PID); and Quantum Park DRI Lot 3 (USAP 05-001) Staff Report Memorandum No PZ 05-174 Page 2 West: Developed commercial property (Shoppes of Boynton) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3). BACKGROUND Mr. Joey Caballero, President of 5th Avenue Building Inspection, Incorporated has submitted an application for use approval in the Quantum Park Planned Industrial Development (PID) (see attached location map- Exhibit "AfT). The proposed use would apply only to Lot #3 and include the following: . School and Educational Services - Home Inspection Trade Training Center; weekends only (Lot 3) The approval of a list of permitted uses is required for all Planned Industrial Developments. The original Quantum Park PID Master Plan did not include the above-referenced use and that is the reason the applicant is now requesting use approval. Similar to past requests, the Quantum Park Master Plan's permitted uses list would be incrementally modified in connection with the approval of each new development within the PID. In approving a particular use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations, and that the uses proposed are consistent with the intent and purposes of the Planned Industrial Development District. ANALYSIS The applicant is required to address the Performance Standards listed in Chapter 2, Section 4.N of the Land Development Regulations as they relate to the proposed list of permitted uses. The purpose of the Performance Standards are to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 2, Section 4. N of the Land Development Regulations to evaluate the impact and appropriateness of this use within the PID district. These responses are listed as follows: 1. Noise: No use shall be carried out on the property so as to create sound which is in violation of Section 15-8 of the City Ordinances. The above requested use will be conducted entirely within the building and shall not produce sound in violation of Section 15-8. 2. Vibrations: No use shall be carried out on the property so as to create inherently and recurrently generated ground vibrations, which are perceptible without instruments at any point at or beyond the property line. The above requested use shall not create ground vibrations, which would be perceptible beyond the property lines of the subject lot. 3. Smoke, dust, dirt, or other particulate matter: No use shall be carried out on the property so as to allow the emission of smoke, dust, dirt, or other particulate matter, which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way beyond the property line. Furthermore, no use will be carried out on the property so as to allow the emission of any substances in violation of any federal, state, county, or city law or permit governing the emission of such substances. The proposed use Quantum Park DRI Lot 3 (USAP 05-001) Staff Report Memorandum No PZ 05-174 Page 3 does not produce smoke/ dust dirt or other particulate matter and shall comply with all federal, state/ county or city laws or permits pertaining to same. 4. Odors and fumes: No use shall be carried out on the property so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the property. The proposed use does not produce any objectionable or offensive odors or fumes. 5. Toxic or noxious matter: No use shall be carried out on the property so as to allow the emission of toxic or noxious matter in such concentration as to cause damage to property, vegetation, discomfort, or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment of property or rights-of-way at or beyond the proposed property boundary; or to contaminate any public waters or any groundwater. The proposed use does not produce toxic or noxious matter. 6. Fire and Explosion: No use shall be carried out on the property so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way or any persons or property thereon. Furthermore, the storage, use, or production of flammable or explosive materials shall be in conformance with the provision in Chapter 9 of the City of Boynton Beach Code or Ordinances. The propose uses does not create a fire or explosive hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9. 7. Heat, Humidity or Glare: No use shall be carried out on the property so as produce heat, humidity or glare readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting, which is used to illuminate any property or use, shall be directed away from any residential use, which is a conforming use according to these regulations, so as not to create a nuisance to such residential uses. The proposed use does not produce heat humidity or glare. No additional lighting is being proposed for the buildings and the site complies with the City approved site plan, which required that lighting be directed away from any residential use. 8. Liquid Waste: No use shall be carried out on the property so as to dispose of liquid waste of any type, quantity, or manner, which is not in conformance with the provisions of Chapter 26 or the City of Boynton Beach Code or Ordinances, or any applicable federal, state, or county laws or permits. Any applicable provisions of Chapter 26 of the City Of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits shall be complied with. The applicant certifies that the home inspection classes will not cause liquid waste. 9. Solid Waste: No use shall be carried out on the property so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of- way. The proposed use shall be in compliance with Chapter 10 of the City Of Boynton Beach Code of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan. 10. Electromagnetic Interference: No use shall be carried out on the property so as to create electromagnetic radiation, which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined, by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out on the property so as to cause Quantum Park DRI Lot 3 (USAP 05-001) Staff Report Memorandum No PZ 05-174 Page 4 electromagnetic radiationr which does not comply with the Federal Communications Commission Regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. The proposed use will not create electromagnetic radiation. 11. Hazardous Materials and Hazardous Waste: The operator of any use on the property that usesr handlesr storesr or displays hazardous materials or that handles hazardous waster as defined in 40 Code of Federal Regulationsr Part 261 shall be required to obtain a permit in accordance with Section 11.3r Environmental Review Permits of the City Ordinances. The proposed use does not use, handle, store or display hazardous, or generate hazardous waste. The above-referenced testimony by the applicant certifies that the proposed use would not violate any of the performance standards listed in Chapter 2, Section 4.N of the Land Development Regulations. The approved site plan shows that the two (2) buildings were approved for a total of 46,660 square feet. The parking methodology was based upon the following: . 23r330 square feet of office area at a rate of one (1) space per 300 square feet . 23,330 square feet of warehouse at a rate of one (1) space per 800 square feet The approved site plan showed that 107 parking spaces were required and that 132 or an excess of 25 parking spaces were provided. The most recent use approval request for the subject lot was for the Lions Club Meeting Hall (USAP 04-005). In summary, the City Commission has recently approved the following additions to the use approval list applicable to the subject lot: . Lions Club Meeting Hall . Medical Offices . Gymnastic centers and cheerleading schools; and . Installation, repair, and service of alarms, stereosr and window tinting for automobilesr and ancillary sales. The new uses approved for Lot 3 over the past two (2) years are important to note because of their inherent need for additional parking spaces. For exampler medical offices, gymnastic centersr and cheerleading schools require one (1) parking space per 200 square feet of gross floor area. SimilarlYr "automobile" type uses would also require parking at a higher rate (one space per 250 square feet). The original site plan proposed an excess of 25 parking spacesr to be allocated between two (2) buildings on the subject property. The property owner requested a variance (ZNCV 03-008), which was approved to allow a reduction in the width of the western perimeter buffer to accommodate additional parking spaces. Subsequent to variance approval, a request for minor site plan modification (MMSP 03-095) for the construction of 23 parking spaces (along the western perimeter) was approved on October 17r 2003. Nowr the plan provides a total of 155 parking spaces, or an excess of 48 spacesr based on a combination of office and warehouse uses. The subject site (Building lOr Unit A) is currently licensed for "Construction Home Inspection Services". The bay is comprised of 1,026 square feet of office and 674 square feet of air-conditioned warehouse for a total of 1,700 square feet. The current business requires 5 parking spaces. The applicant's intent is to have the school operate as an ancillary use to the current businessr utilizing the bats existing warehouse space. The classes would occur only the weekends and would not conflict with normal business operations. Quantum Park DRI Lot 3 (USAP 05-001) Staff Report Memorandum No PZ 05-174 Page 5 Since the buildings on the subject site (Lot 3) were constructed years ago, it would be difficult for staff to monitor the incoming / outgoing businesses within the subject property without the active involvement and coordination among Divisions within the Department of Development. As a compromise, the original property owner (Bocar Properties Incorporated) had agreed to monitor the businesses and their respective parking requirements for each tenant by using a spreadsheet (see Exhibit "B" - Letter from Joni Brinkman to Eric Johnson). This spreadsheet would be submitted as part of the building permit and occupational licensing processes in order to help mitigate any future parking problems. Also, according to the developer, each tenant's lease would require a copy of the spreadsheet and that document would be submitted with the tenant's application for an occupational license. This spreadsheet would be maintained and continuously updated by the property owner. It would indicate the amount of parking provided on the site, the deduction of required parking per bay, the applicable calculation rate, and the remaining unallocated amount of parking spaces. Obviously, it is the City's responsibility to ensure compliance with the parking requirements. However, the burden of proof is shifted from the City to the property owner when the property owner perpetually maintains the "spreadsheet" (see Exhibit "C" - Conditions of Approval). As previously mentioned, the subject property currently contains an Office - Industrial (01) use option. This request for use approval, in part, is to allow "School and Educational Services - Home Inspection Trade Training Center" under the "Office" land use option in the Quantum Park PID. The "office" land use option is more appropriate than the "industrial" land use option, because the Florida Building Code classifies the school as a "Business Occupancy". According to the application, the school would have 15 to 20 students. Anything over 50 students would be classified as an "Assembly Occupancy". Furthermore, the proposed use would be classified as "Technical and Trade Schools" by the North American Industrial Classification System (NAICS) standards. According to the NAICS, this industry comprises establishments primarily engaged in offering vocational and technical training in a variety of technical subjects and trades. The training often leads to job specific certification. Staff opinion has not wavered from the original position that industrial property should not be converted to commercial property. However, since office uses are already permitted under this land use option, then the subject request would be consistent with the intent and purpose of the Quantum Park PID. The list of permitted uses for the Quantum Park PID has been specifically tailored to the subject property due in part, to the site's close proximity to adjacent commercial centers and residential neighborhoods as well as its developed (nearly "built-out'') characteristic. The proposed school (as an ancillary use to the Construction Home Inspection Services), like meeting halls and dance instruction/gymnastic uses previously approved, does not have the same general hours of operation typically found in office and industrial businesses and complexes. As previously mentioned, the school would only operate on weekends, thus not competing for available parking spaces. Given the nature of the type of use and characteristics of its parking demand, staff is satisfied with the compatibility of this use with those others already allowed in the Quantum Park PID. RECOMMENDATION It is the determination by staff that the requested "School and Educational Services - Home Inspection Trade Training Center, weekends only (Lot 3)" use would be consistent with the intent and purpose of the Office - Industrial (01) land use option of Lot 3 in the Quantum Park PID. Therefore, staff recommends approval contingent upon meeting the conditions listed in Exhibit "C" - Conditions of Approval. Additional comments recommended by the Board or Commission would also be included in Exhibit "C" - Conditions of Approval. Quantum Park DRI Lot 3 (USAP 05-001) Staff Report Memorandum No PZ 05-174 Page 6 S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 3\USAP 05-001 Home Inspedions\Staff Report.doc ~ (J D e Location Map Quantum Park Lot 3 EXHIBIT flA n C3 N .~ w~, s B5/06/2~04 12:52 5616895~"'9 WINSTON LEE Assr PAGE 133 # ... ....-, ( I ~:I72 lI- .0/'1 lTIS\On Lt:€ /~ssociat{ ~S, Ine. EXHIBIT "B" Ltlr:d...;;.:;:~< _-\;':.:b:~..:..:=llr~ :....I:~.J ?~~U;I;!i1:: r'.:).~.. .'!..ce." June 24, 200 i M.. Eric joh lson Planning & L oning Division City of Boyn :on Beach i 00 E. Boyn on Beach Blvd. Boynton Be~ ch, FL 33425-0310 R.E: Qual .tum Park DR! Use List Revision Request Our] 'ile No. 98-010.09A Dear !Vir. Jo: mon: As a foHow up to our telephone conversation last week, J would iike to address your specific concerns as. 0 the process for monitoring the uses and associated required parking for Lot 3 in (he Quantum Pa -k DRl. This project is under the ownership of one entity and all of the square footage contained in the buildings is J ~ased to 1:enants. Tne owner has agreed to monitor the types of uses and the required p~king fur e :l.ch on a spread sheet which will be submitted as part of the building permitting process. In addition, each tenant's lease will require that a copy of the sheet be submitted with their applications for occupational iicence~_ This spread sheet will be maintained and updated by the property o~ ner and will indicate the amount of provided parking on me site) the deduction of required pal king per bay and appiicable calculation rate, and the remaining unallocated amount of parking spa! es. This monitoring method is similar to what has previously been accepted by the City ~'1 $imil.ai si1 JatioDS, such as Levitt Commercial's project on Lots 9-12 @ High Ri~e Commerce Center. .. - . . The applies! t agrees to monitor the utilization of parking as outiined above, and this method will put no undue m IMoring burden on City staff. I hope this addresses any concerns you may have. Please feei free to 1 all with any questions. S.incerely, 2~i '1~rJ<.~ · Joni Brinkn an, AfCP Project Plar uer ,~,nw~@ cc: Mic \.S.el Rumpf Rot ~rt Burrow lllro 1 ~ l0 ~ f! . ~ ~; ~.;' . I - ..., I \ ~ 1 ' . I ~l ,,;; 2 F: l -._: PlL~.':~"I:' :- I:'::::':::'~;."'. _____ ..J m DfiPARTMeNT OF DEvELOPMENT i :3: OltJ Ok.:cchub..:.; R\Jild Suite \06. W~~t Palm Reach. FL 33409-5270 r~l: 5f:l1-6~N....6iO . Fax: Sr,t-6~9.5S59 .. E.mail: winslonwlalc.baol.t.:om EXHIBIT "C" Conditions of Approval Project name: Quantum Park DR! Lot 3 File number: USAP 05-001 Reference: Quantum Park DR! Use List Revision Request for School and Educational Services - Home Inspection Trade Training Center, weekends only (Lot 3) DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING 1. The owner of Quantum Park Lot 3 has agreed to monitor the future business X of each tenant and their required parking. This monitoring system would be Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT accomplished by usmg a spreadsheet. This spreadsheet would be continuously maintained by the property owner or property owners association and submitted to the Buildin~ Division during the permitting process for interior renovations. In addition, the property owner (or tenant) would submit this updated spreadsheet to the Occupational License Division when applying for an occupational license for a future business. Staff agrees with this monitoring system and further recommends that no occupational licenses or building permits be issued until the applicant formally and satisfactorily demonstrates compliance with all applicable parking requirements. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 3\USAP 05-001 Home Inspections\COA.doc EXHIBIT D th Avenue Building Inspections Inc.C To: Eric Johnson, City of Boynton Beach, FL RE: City of Boynton Beach Performance standards. i I-~ Ir' r~ ! i !...\ r- ''--. I ~..JL I! r;! {I': I I II I ,L....\~ : I r' W l . , L _.:}_.Jo.... : ~~': i : i: I: SEP' 42mi .\U)\ i '--' i I : L_- PL/\~~;~;~JG _A~~D zC'~:~:~~G [~fD.I-____J Chapter 2, Section 4.N. of the Land Development Regulations. PERFORMANCE STANDARDS. All uses located within the city shall conform to the performance standards set forth below, and shall be constructed, maintained and operated so as not to be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or rights-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors, glare, heat or humidity; radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge, or solid waste accumulation. Furthermore, no use shall be carried out so as to create any nuisance or hazard which is violation of any applicable federal, state, county, or city law or permit, and all such laws and permits are hereby adopted as performance standards in these zoning regulations. 1. Noise. No use shall be carried out in any zoning district so as to create sound which is in violation of Section 15-8 of the City of Boynton Beach Code of Ordinances. I cer~i~ the pro,posed home in~ction c~asses wi~~ not cause noise. 2. Vibrations. No use shall be carried out in any zoning district so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. I cer~i~ the pro.Posed home in~ection c~asses wi~~ not cause vibrations. THE_EXPERIENCE. IQ .. ... ~ EXHIBIT 0 5th Avenue Building Inspections Inc.C 3. Smoke, dust, dirt, or other particulate matter. No use shall be carried out within any zoning district so as to allow the emission of smoke, dust, dirt or other particular matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which the use is located. Furthermore, no use shall be carried out so as to allow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. I certi~ the pro.posed home ins,pectioD c~asses wi~~ Dot cBase Smoke, dust, dirt, or other particul.ate matter. 4. Odors and fumes. No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all no industrial districts, the standards contained in this paragraph shall apply where the district abuts any residential district. I certi~ the pro,posed home iDs.PeCtioD c~asses wi~~ Dot cBuse odors or fumes. 5. Toxic or noxious matter. No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. I certi~ the prqposed home i~ection c~asses wiL~ not cause toxic or noxious matter. 6. Fire and explosion hazards. No use shall be carried out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way, or any persons or property thereon. Furthermore, the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of I THE_EXPERIENCE. ~ ~ EXHIBIT 0 th Avenue Building Inspections Inc.O Ordinances. I certi~ the pro,posed home in~ection classes will not cause fire and e~losion hazards. 7. Heat, humidity, or glare. No use shall be carried out in any zoning district so as to produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting which is used to illuminate any property or use shall be directed away from any residential use which is a conforming use according to these zoning regulations, so as not to create a nuisance to such residential uses. I certi~ the prqposed home inspection classes will not cause heat, humidi ty or glare. 8. Liquid waste. No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity or manner which is not in conformance with the provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances, or any applicable federal, state or county laws or permits. I certi~ the prqposed home in~ection classes will not cause liquid waste. 9. Solid waste. No use shall be carried out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinance, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. I certi~ the pro.posed home inspection classes will not cause solid waste. 10. Electromagnetic interference. No use shall be carried out in any zoning district so as to create electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out in any zoning district so as to cause electromagnetic radiation which does not comply with the Federal Communications Commission I THE_EXPERIENCE. ~ ~ (t~J EXHIBIT 0 th Avenue Building Inspections Inc.O regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. I certi~ the prqposed home in~ection c~asses wi~~ not cause e~ectramagnetic interference. 11. Hazardous materials, hazardous waste, and toxic substances. a. Prior to the issuance or renewal of an occupational license in the city, the operator of any use that uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as the same are defined in 40 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, and requires a permit for same from a state or federal agency, or requires periodic reporting to a state or federal agency, shall be required to file a Fire Department Hazardous Material Disclosure Form in accordance with Part III, Section 9-71 of this code. b. The operator of any such use shall be required to design and construct, prior to occupancy, an appropriate separate spill containment system to hold spilled hazardous materials for cleanup, independent from the storm water drainage system, along with an appropriate early warning monitoring program. The containment system and monitoring program shall be a type which is generally acceptable to the Florida Department of Environmental Regulation and the South Florida Water Management District, and shall serve all structures or areas where hazardous materials are used, handled, stored or displayed, or where hazardous wastes are generated. c. Depressed truck wells which are utilized by users of hazardous materials and generators of hazardous waste shall provide a drainage system which shall be designed and maintained to include oil and grease receptors, and open bottom sedimentation pumps as pollutant retardant structures. Such systems shall be designed so as to prevent pollutants from entering surface waters and groundwater. Parking areas and driveways adjacent to truck wells shall be designed to divert runoff to storage and exfiltrations systems on-site, prior to discharge into surface waters or storm sewers. d. Those using, storing, displaying, or generating hazardous materials, hazardous waste, or toxic substances shall develop hazardous materials response plans prior to the operation of such uses, which shall require the approval of the Fire Marshal. THE _ EXPERIENCE. ~ .. .. (~ EXHIBIT 0 5th Avenue Building Inspections Inc.O This plan shall identify appropriate measures for contamination response including, but not limited to: (1) Provision of equipment and trained personnel on-site or a contract with a contamination response firm meeting Florida Department of Environmental Regulation standards, where appropriate; (2) Specification of follow-up water quality monitoring programs to be implemented in the event of contamination; (3) Specification of design and operational measures to contain and direct contaminated surface runoff away from lakes, ponds, canals, drainage structures and/or other connections to the surficial aquifer; (4) Specifications for the development and implementation of an early warning monitoring program; (5) Proof of financial responsibility which will assure that cleanup costs can be provided; (6) A copy of the permit issued by or application for permit to the governmental agency or agencies responsible for permitting the handling, storage, display, or generation of the particular hazardous materials, hazardous wastes, or toxic substances. Where only periodic reports are required to be supplied to such agencies, copies of these reports shall be provided to the Fire Marshal; (7) Where the information required under (1) through (6) above is required as part of the information required for permitting by or reporting to governmental agencies responsible for regulating hazardous materials or hazardous wastes, this information shall be considered sufficient for the purpose of this section. I certi~ the pro.posed home in~ection c~asses ~~~ not cause hazardous materia2s, hazardous waste, and toxic substances. y a~~ero 5th A enue bui~ding inspections 2419 Quantum B~vd Boynton Beach, FL 33426 561 369-8363 THE_EXPERIENCE. ~ ~ DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 05-176 EXHIBIT E DATE: October 18, 2005 RE: Quantum Park of Commerce PID - Permitted Uses (Update of Previous Memorandum dated September 1, 1999 (Memorandum No PZ 99-215, January 12, 1989, June 22, 1990, October 16, 1992, July 9, 1998, March 13, 2000, October 16, 2001, September 9, 2002 and correction of error on Memorandum dated August 5, 1992, January 24,2003, May 7,2004, May 28,2004, June 14,2004, and September 14, 2004). The following uses have been approved to date by the Planning & Development Board and City Commission for the Quantum Park of Commerce Planned Industrial Development: A. COMMERCIAL ./ Professional and Business Offices 1 ./ Nursery Schools and Day Care Centers 9 ./ Used and New Car Sales (CAR MAX) ./ Gas Station with Convenience Store and Car Wash3 ./ Restaurants with or without Drive-through5 ./ Retai\~only on Lots with the commercial use option per the Quantum DRI Master Plan) ./ Hotel B. OFFICE ./ Professional and Business Offices 1 ./ Nursery Schools and Day Care Centers ./ Meeting Hall for Masonic Lodge ./ Rehabilitation Hospital6 ./ Charter High School 11 ./ Medical Offices 7 ./ Lions Club ./ School and Educational Services - Home Inspection Trade Training Center, 7 weekends only C. INDUSTRIAL ./ Solvent Distribution Facility2 ./ Warehouse, Distribution, Wholesale ./ Electronics Manufacturing ./ Research and Development Laboratories ./ FP&L Substation (utility facilities) ./ Research, Development, & Manufacturing of Spray Dispensing Systems and Chemical Specialty Liquid Products (Packaging Concepts) ./ Cosmetics and Perfume Manufacturing (BGI) ./ Manufacturing, Fabrication, and Assembly of Furniture ./ Stone cutting and finishing (Oriana Granite Lot 50-A [CC 6-6-00]) ./ Design, Manufacturing, Storage, Distribution of Decor Elements (Ed Carey design) 4 ./ Outdoor Storage ./ Assembly of Automated Packaging Machines & Ancillary Office & Warehouse ./ Manufacturing, fabrication, and processing of machinery, equifment, appliances, parts, and tools, limited to assembly of finished parts and materials. ./ Gymnastic centers and cheerleading schools 7 ./ Installation, repair, and service of alarms, stereos, and window tinting for automobiles, including ancillary sales 7 ./ Charter High School 11 EXHIBIT E D. GOVERNMENTAL/INSTITUTIONAL ./ Public High School ./ Fraternal Order of Police Clubhouse ./ Tri-County Railroad Station, Park & Ride All businesses shall state, as part of the occupational license application, whether the business would use, handle, store, generate or display hazardous materials, hazardous waste, or toxic substance, as the same are defined by 40 Code of Federal Regulations, Part 261; or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, in which case a City Fire Department Hazardous Material Disclosure Form shall be required in accordance with Part II, Section 9-71 of this code. 1 Requires Conditional Use Approval (See Section 11.2 of Appendix A, Zoning) 2 Requires Hazardous Material Disclosure Form be submitted with occupational license application. 3 Applies to Lot 65B-Mobil and Lot 91 Hess 4 Applies to Lots 32-38, 68A-70, 72, and 73A-76 with conditions (maximum 15% of site) 5 Applies to Lots 81 and 82 only. 6 Applies to Lots 48A, 48B, and 48C only. 7 Applies to Lot 3 only. 8 Applies to any lot with IND or I included in the use designation. 9 Applies to Lots 76-80 only. 10 Applies to Lot 1 only. 11 Applies to Lots 18 & 19 only. MWR/sc S:\Planning\SHARED\WP\PROJECTS\QUANTUM\USAP\QUANTUM PARK PID use list rev 10-18-05 (eD.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Lot 3 APPLICANT: Mr. Joey Caballero with 5th Avenue Building Inspections, Inc. APPLICANT ADDRESS: 2419 Quantum Boulevard Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 18, 2005 TYPE OF RELIEF SOUGHT: Request use approval for a School and Education Services - Home Inspection Trade Training Center (weekends only) on Lot 3 in the Quantum Park PID. LOCATION OF PROPERTY: Lot 3, Quantum Park PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 3\USAP 05-001 Home Inspections\DO USAP 05-001 (5th Ave Inspections).doc Meeting Minutes Planning & Development Board Boynton Beach, FI September 27, 2005 Mr. Cwynar believed to put a solid wall on the north and east sides would be a waste of money. There was already a landscape buffer back there and from the aerial photograph, the landscaping was heavy in the Lawrence Lakes corner abutting this project. The houses that were there were far away. He understood the six-foot wall on the south property line, but not on the east or the north. He felt a chain link or vinyl-link fence would be acceptable. Mr. Beasley said that a green vinyl fence would blend in with the landscaping and not be seen - a C.B.S. wall painted white would really "stick out." Mr. Casaine agreed with Mr. Cwynar's comments. He felt the project was secure with the fence proposed by the applicant and that the children would be safe. It was clear the applicant was willing to put up a wall on the south side, in the rear. The applicant clearly preferred to have a fence and hedge on the north and east sides, and this was close to staff's recommendation. Ms. Jaskiewicz noted that this was a conditional use and that professional staff had made a recommendation for the reasons stated. This was a use abutting a single-family residential area. She thought staff's compromise was reasonable. A vote was taken on Mr. Saberson's motion. At the Chair's request, the Recording Secretary polled the vote and the motion failed 2-5, Mr. Casaine, Mr. Cwynar, Vice Chair Hay, Ms. Johnson, and Chair Wische dissenting. Motion Mr. Casaine moved to approve the conditional use/new site plan request for construction of a 7,800 square foot daycare center and related site improvements on a 0.839-acre site, zoned Single-Family Residential (R-l-AAB) with the conditions expressed by staff with the exception of those of the clarification presented by the petitioner. Vice Chair Hay seconded the motion. Mr. Saberson and Ms. Jaskiewicz asked what that clarification was. Mr. Casaine indicated he would rely on the record of the secretary since there had been a lot of discussion. Mr. Saberson asked Mr. Casaine to express his understanding of the clarification so it could be included in the motion. It was Mr. Casaine's understanding there would be a wall on the rear, south side and none on the north or east. Vice Chair Hay indicated acceptance of this. Ms. Jaskiewicz asked staff if this had been what they had suggested, and staff responded in the negative. At Chair Wische's request, the Recording Secretary polled the vote and the motion passed 5-2, Mr. Saberson and Ms. Jaskiewicz dissenting. B. Use Aporoval 1. Project: Agent: Owner: Quantum Park Lot 3 (USAP 05-001) Joey Caballero, 5th Avenue Inspections, Inc. Joey Caballero 6 Meeting Minutes Planning & Development Board Boynton Beach, FI September 27, 2005 Location: Description: 2419 Quantum Boulevard, Lot 3 Request Use Approval for a School and Educational Services - Home Inspection Trade Training Center (weekends only) Chair Wische described the project and invited the applicant to come forward. Joey Caballaro, 7456 Liverpool Court, Boynton Beach, stated he agreed with the condition of approval. Eric Johnson, Planner, had nothing to add except that staff recommended approval of this request. Chair Wische opened the floor for public comment and closed it when no one wished to speak. Motion Ms. Jaskiewicz moved approval of the request for use approval for a school and educational services - home inspection trade training center (weekends only) subject to the staff condition of approval. Mr. Casaine seconded the motion that passed 7-0. C. Maior Site Plan Modification 1. Project: Quantum Park Lots 15 Be. 16 (MSPM 05- 009) Eric Anderson, Anderson Architecture Quantum Corporate Center LLCP 3601 Quantum Boulevard Request for Major Site Plan Modification to complete construction of a partial second floor of a two-story building, adding approximately 9,000 square feet of new office space to the existing 40,000 square foot building and conversion of the building entirely to office use. Agent: Owner: Location: Description: Chair Wische described the project. Chris Hair, Project Manager from Anderson Architecture, Inc., 399 W. Camino Gardens Boulevard, Boca Raton, stated the applicant agreed with aU the staff conditions of approval. Ed Breese, Principal Planner, had nothing to add beyond the staff report and its conditions. Staff recommended approval with the conditions. Chair Wische opened the floor to the public for comment and dosed it when no one came forward. 7 VI.-CONSENT AGENDA ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D August 2, 2005 July 18, 2005 (Noon.) D August 16, 2005 August 1,2005 (Noon) D September 6, 2005 August 15,2005 (Noon) D September 20. 2005 September 6, 2005 (Noon) Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office D October 5, 2005 [8J October 18, 2005 D November I, 2005 D November 15, 2005 September 19, 2005 (Noon) October 3, 2005 (Noon) October 17, 2005 (Noon) October 31, 2005 (Noon) NATURE OF AGENDA ITEM D [8J D D D D Administrative Consent Agenda Public Hearing Bids D D D D D Development Plans New Business Announcement Legal Unfinished Business Presentation - --~ - .' -;.~ f. ) , . , --'.J r-) RECOMMENDATION: Please place this request on the October 18, 2005 City Commission Agenda under _ .. Consent Agenda. The Planning and Development Board recommended that the subject request be approved on _ _ . . September 27,2005. For further details pertaining to the request, see attached Department of Development MemorllWfum-= ~::~; 1'1.,).-. ~- No. PZ 05-170.::; ;j ~~ '- .J"-;. ~-:;; :1 c=; City Manager's Report EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Quantum Park Lots 15 & 16 (MSPM 05-009) Eric Anderson, Anderson Architecture Quantum Corporate Center LLCP 3601 Quantum Boulevard Request for Major Site Plan Modification to complete construction of a partial second floor of a two-story building, adding approximately 9,000 square feet of new office space to the existing 40,000 square foot building and conversion of the building entirely to office use. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~mre Develo lc, w. ~ ~___ Planning and Zonift irector City Attorney / Finance / Human Resources S:\PlanningISHARED\WP\PROJECTS\Quantum Park Lots 15 + 16 Coiltronics\Coiltronics\MSPM 05-009\Agenda Item Request Quantum Pk Lots 15 & 16 MSPM 05-009 1O-18-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-170 STAFF REPORT FROM: Chair and Members Planning and Development Board Michael Rumpf('1-~ Planning and Zoning Director Ed Breese ~ Principal Planner TO: THRU: DATE: September 2, 2005 PROJECT NAME/NO: Quantum Corporate Center (Quantum Park lots 15 & 16, fka Coiltronics) MSPM 05 - 009 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: Benjamin Management Company, LLC Applicant: Quantum Corporate Center LLCP Agent: Eric Anderson, Anderson Architecture, Inc. Location: 3601 Quantum Boulevard (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Industrial (I) / Planned Industrial District (PID) Proposed Land Use/Zoning: No change proposed PID Use Options: Lots 15 & 16 - Office & Industrial (01) Proposed Use: Request for major site plan modification approval for the addition of approximately 9,000 square feet build-out of the second floor internal to the existing building and conversion from office/industrial use to strictly office building, on a S.2S-acre parcel. Acreage: S.2S-acres Adjacent Uses: North: Motorola building on Lot 14 of Quantum Park zoned PID; South: Vacant property (Lot 17 of Quantum Park) zoned PID, then farther south right-of- way for Gateway Boulevard; Staff Report - Quantum Corporate Center (MSPM 05-009) Memorandum No PZ 05-170 Page 2 East: West: Project size: Quantum Boulevard right-of-way, then farther east developed industrial property (Premier Gateway complex) zoned PID; and Water management Tract "H" zoned PID, then farther west developed residential property (Parkside Townhomes) zoned PID. The project consists of the interior build-out to complete a partial second floor with an additional 9,000 square feet of new office space. Site Characteristic: The subject parcel is a relatively odd-shaped rectangular piece of land with approximately 550 feet of frontage along Quantum Boulevard and a maximum depth of approximately 370 feet, ending at a water management tract for Quantum Park. The parcel is situated approximately 350 feet north of Gateway Boulevard, on the west side of Quantum Boulevard. The survey shows that the highest elevation is 18.39 feet above sea level, located near the northeast property line. The northern portion of the lot is improved with a previously approved building (Coiltronics), while the southern part is primarily vacant (depicted as future Phase II), with a small portion of the parking lot associated with Phase 1. Proposal: Concurrency: Traffic: Police & Fire: BACKGROUND Quantum Corporate Center LLCP proposes to complete construction of a partial second floor of a two-story building, adding approximately 9,000 square feet of office space to the existing 40,000 square foot office/industrial building. The proposal also includes the conversion of the building entirely to office use. The remainder of the site is designated as a second phase. Any proposed development of Phase II would be treated as another Major Site Plan Modification and would require Board and Commission review and approval. Currently Lots 15 & 16 have the use option within the Quantum Park Planned Industrial District of Office & Industrial (01), which would allow for a myriad of strictly industrial uses, strictly office uses or combination of the two. The building was constructed as the manufacturing/ offices for Coiltronics, a business that worked closely with Motorola in their manufacturing of pagers. ANALYSIS A traffic concurrency approval letter has been received from Palm Beach County Traffic Engineering with the build-out year reflected as 2007. As a condition of that approval, the County is requiring the provision of an exclusive northbound left turn lane on Quantum Boulevard, into the project driveway. The Police Department indicates that, although the proposed project does not have a direct impact their services, the zone in which this project is located (Zone 9), has a high percentage of calls for service and that additional officers and equipment are currently needed. The Fire Department notes that traffic congestion and population density in this area is a concern, and that construction of Fire Station #5 should be expedited to ensure adequate service delivery. Staff Report - Quantum Corporate Center (MSPM 05-009) Memorandum No PZ 05-170 Page 3 Utilities: The Utilities Department indicates there would be no impacts to their operations associated with this request. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information for the subject property to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). School: This project is exempt from the school concurrency requirements of Palm Beach County . Driveways: The subject property fronts on Quantum Boulevard, approximately 350 feet north of Gateway Boulevard. Existing on-site circulation consists of one (1) driveway near the northeast corner of the property, which is not slated for change with the proposed expansion. The driveway width measures approximately 27 feet. Parking Facility: Parking required for this type of facility is based on one (1) parking space per 300 square feet of office space (48/999 sq. ft.j300), for a total of 163 parking spaces. The plan as designed accommodates 206 parking spaces, including 7 handicap spaces, for an excess of 43 parking spaces. The existing 145 parking spaces on the site are dimensioned at 9 feet x 18 feet, with 27 foot aisle width. The proposed 61 new parking spaces are also dimensioned 9 feet x 18 feet rather than the new standard of 9.5 x 18.5, since the applicant has requested and received an administrative waiver from Engineering to allow the proposed new parking spaces to be dimensioned to match the existing. Traffic circulation is provided completely around the building and the design allows for ease of movement by emergency and general service providers. Landscaping: The proposed pervious or "green" area of the Phase I portion of the property would be 55/536 square feet or 39.7%/ while the balance of the site (Phase II - 2.05 acres) would be 100% pervious. The landscape plan tabular data (Sheet L-1) indicates that 37 additional trees, 11 additional palms and 821 additional shrubs and groundcover are being added to the existing landscaping on the site. Typical trees being utilized in the planting scheme include Live Oak, East Palatka Holly and Gumbo Limbo along with Sabal and Washingtonia palms, to match the landscape material already existing on the site. Shrub materials selected for the site include Cocoplum, Croton, Wax Jasmine and Firebush. Approximately 81 % of the proposed trees are native and 61% of the shrubs and groundcover depicted are native. The existing front buffer along Quantum Boulevard does not meet current code regulations relative to the layering of plant material and use of colorful shrubs. As a condition of approval, the applicant will be required to bring the front buffer landscape into compliance with current-day landscape regulations (see Exhibit"C"- Conditions of Approval). Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. As noted earlier, the proposed expansion would include no exterior modifications (other than added parking and windows), Staff Report - Quantum Corporate Center (MSPM 05-009) Memorandum No PZ 05-170 Page 4 since it is only the partial second floor within the existing building shell that is proposed to be completely built-out under this request. The existing two-story office building has a typical roof height of 32 feet, measured to the top of the highest parapet wall. The maximum allowed height in the PID zoning district is 45 feet. Sheet A4 provides an illustration of the existing building facades, with reveals, score lines and recesses. The applicant is adding new windows in existing recesses that will match the windows already existing on the building. The addition of matching windows will greatly enhance facades that previously had some very stark walls due to the industrial nature of the previous tenant. Design: The colors on the existing building would not be altered as a result of this application. The base of the building is painted a light beige color and the accent trim is a slightly darker beige color. The building style, materials and colors are compatible with surrounding development. Signage: The applicant is not proposing any new signage in conjunction with these improvements. RECOMMENDATION: The Technical Application Review Team (TART) has reviewed this request for major site plan modification approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "Cft - Conditions of Approval. Staff recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Quantum Park Lots 15 + 16 Coiltronics\Coiltronics\MSPM OS-009\Staff Report.doc EXHIBIT "A" . .-J II t:::mllllll I II~I , _ '".i'.,..; . - ~ ij - :::;.--- - ,~) [fU.l f'l" -.I J~ I - lL ~~ '<1:r't f:: . ^ t!f1D~ ~l~ ~~= : 1f' ~ tJPJ to- ~ P;JL ~ -- ~ f,,,~~'-':f- := . ~r=:"~' - 3 ~ I:'" t: ~~ d.. -.;: r~r ~,,".I '.lJ ra TV' ";;-" I LJ ~ P-flI rJ.<5~~I/;.?EI :: ~,--, - CI :.:"!': h. -= -__ r- ~ ~ f' \~. ~ f)1t~ ~t9~ f-, '~ ~~Vr 11".1 i~ --= L. z.L '1 ~ " ~ [0 ~' ~ @:3:\ ',', -.- I ~:~. ~ , '11I1 L---J , ' . : , ". .. ~ .. . . -- I I I . T! -; NOT IN CITY ~llV 1 .. ~ ... ;DII- )- ~ I , ^ I ' Iii ' ..... f- .. . 'f--. ~ I I: . -r .. ... .... - l' r T---' - ti li!tf ~o ~'Y: R'l^^ ~ " r r .I/...... _ __ ~~.~ )} ~~/ 9-, ~ / -r~1 r-- -,- ~ ., ~ V'~v ~1I -.-. .~~ \ : ~---:. r- : I ~". -'. --.7 . " I L. " . I .,~ J l . . I I I ITr I : _ I ~/ ." , .. ~ PIC ~ti "MClTClRDLA;,.'~~ {'~J . .'t...- lq . . ~. . l.,j . 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JUII.. f II ti i~ I ~diUlinli !ii-: i&!i~ igl II H l: id !fii RliIt!IJ5tl !!i " III ~ ij I Ii i! !if Irq G!i&t~f'ii i ~ f liD i 1 fllp~ ~I i!11): tr. - Iii I "al f 11 I ~",I p- J WI' l~ "I i .. :t .or I . ~- r II . , , I pi --...- r EXHIBIT B .~ ./ ./ \ ./ ./ \ ./ \ ./ \ \ i I i .;;;i..illli, ~ I':;;;;;; ~ I '**1111'.". ~ ......... ~ i ~f~1~~~~~iil~t~lij~ ! f9ijf~n~~~m~ ! ;1~;I;I~~;I~: ~JI'f I l~ Y~~~uij I ;IJJmIFl;rI~:!JfJII;ij11 ffll~;"1iJ~~~ I I I ~l ~I out i It; Jf~!p.JII"I ilai [Ii II - f ~ IiI ~l if! JIJlJ J i J f 0UANT\&t EXECUI1'tE CEN1ER ~ III ilillll Iii j!1 __R. ~~: ~ II- II r. S 11)'''''.' III.'" I ~..'.~'~:; . .... '.....'.;...'. ,,, ,-~~~ . ; ~l., ! ~. 1mJ..... '-', -... .........., ;';""" (,~',:,: : .-w: . - _ h.. mm'.. . HrJ"'" ........ ....... :.- , ~. .-:. ..:.....'. . '. .-' ..-,.- . U.-. . .' n__ . ~..:............... Uill mmu . fE[I' 'U ."--.' _ 0 ".~ .-.- ._-. ...,-- -,'" >" .-...' ..--:............,. :'::."'" .. ... ." -'-- . - - - . al ' ~ , II ~..'....:....:............ liLu ~....:.....'....'..... t.iw mil". DED' '............': . .:;::....... "."- - "-" '. .. h'___ '_ ... ,-, -- - -'. I Ell ~ ~ Ell "... I ~ "~': 11m 1m Iifl I IfI) Ii] 111 II ~U> ~ ~ :8)> ~~f ! JlI - gi 11~ E I I I 10 D. o III ~ mmi III lIJl ., ! mID DImi Itl mIDI 1mB m: ~ ~I Iillill [lliJ I 1m 0ITm' I'.;...:.:..;........; I.,.;.:.:........! :'::;.'1.:. I ..ur. ..-. .-'-"; I"::. j mffiJ : ":'.: H:llH ! I'll! I I I I ~ 11"'-'. - . ~= :1.,.' t ou.ntun Corporate Center ---- --"- EXHIBIT B I Efil : ffJl "" I '----.J . -.-- ~I~ca [Rrl ! rEf! CD ~.J '-----" i EIr ! H:J! DC ~.L~ ~!~DD I EIfl ! EJI C D ffl[JlDD ~~ ~ ~1~CD EIr ! H::r 0 ~I~ EIflIEflo", i L-~ , l':J-:--.J.J i ~i:Bi" I rJ:::n' ; !ff3l 0' ~.~ I EIflI [Efl n ~IEflcc EJJli~cc ~I EIfl!~DD HOD ~ L:=::...J il ~,j [G]" rJ::lTl ~ D " ~ I!!:::-!J EIfl ~ DC 000 o .. -ga ~i g ~ 1 I I.. , ~ II .. 1 ~ ~ " I ~ e I I i EXHIBIT "e" Conditions of Approval Project name: Quantum Park Lots 15 + 16 File number: MSPM 05-009 R fi 2nd l'd'fi d 'th A 16 2005 PI &2 d t k e erence: reVIew plans 1 entI Ie WI an ugust , anTIlng onmg a e stamp mar mg. DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. 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 msurance underwriters, whichever is greater (CODE, Section 26-16(b)). 2. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 3. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 4. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 5. 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. 6. 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. BUILDING DIVISION Comments: 7. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 8. 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. 9. General area modifications to buildings shall be in accordance with 2001 X FBC, Sections 503.3, 503.3.2, and 503.3.3. Provide calculations verifying compliance with the above code sections and the 2001 FBC, Table 500. 10. 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. 11. 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 DEPARTMENTS INCLUDE REJECT 1604.1. Indicate the live load (pst) on the plans for the building design. 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. If an accessible route has less than 60 inches clear width, then passing X spaces at least 60 inches by 60 inches shall be located at reasonable intervals not to exceed 200 feet. A "T"-intersection of two corridors or walks is an acceptable passing place. 2001 FBC, Section 11-4.3.4. 14. 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 numberls must be provided. The building numbers must be the same as noted on the 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) 15. At 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. 16. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for reVIew at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 17. Sheet 1.2 - The direct burial light poles shall comply with 1002 FBC, X Section 1606.1. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 18. The applicant must indicate on the landscape plan that any existing trees / X Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT vegetation in accordance with the original approved landscape plan for lot #15 and #16 that are dead, missing or in poor health after site construction must be replaced with the same size materials throughout the lots. The existing landscaping should be identified on the plan as to species, size, diameter, and health. 19. The Quantum Boulevard right-of-way must receive Floratam sod and X irrigation coverage for both lots #15 and #16. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 20. The applicant should add a note that all utility boxes or structures (not X currently known or shown on the plan) should be screened with Cocoplum hedge plants on three sides. 21. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 22. Landscaping along the east side of the project abutting Quantum Boulevard X shall be upgraded to meet current landscape regulations. 23. Provide an executed unity of title, satisfactory to the City Attorney, for the X two (2) parcels, prior to the issuance of the first permit. 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 Lots 15 + 16 Coiltronics\Coiltronics\MSPM 05-009\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Corporate Center (Quantum Park lots 15 & 16) APPLICANT'S AGENT: Eric Anderson, Anderson Architecture, Inc. APPLICANT'S ADDRESS: 399 W. Camino Gardens Boulevard # 202, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 18, 2005 TYPE OF RELIEF SOUGHT: Request Major Site Plan Modification approval for the addition of approximately 9,000 square feet to the second floor internal to the existing building and conversion from office/industrial to strictly office building on a 5.25 acre parcel in the Quantum Park Planned Industrial District. LOCATION OF PROPERTY: Lots 15 & 16 Quantum Park PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Quantum Lots 15 &16\Quantum Corporate Center\DO.doc Meeting Minutes Planning & Development Board Boynton Beach, FI September 27, 2005 Location: Description: 2419 Quantum Boulevard, Lot 3 Request Use Approval for a School and Educational Services - Home Inspection Trade Training Center (weekends only) Chair Wische described the project and invited the applicant to come forward. Joey Caballaro, 7456 Liverpool Court, Boynton Beach, stated he agreed with the condition of approval. Eric Johnson, Planner, had nothing to add except that staff recommended approval of this request. Chair Wische opened the floor for public comment and dosed it when no one wished to speak. Motion Ms. Jaskiewicz moved approval of the request for use approval for a school and educational services - home inspection trade training center (weekends only) subject to the staff condition of approval. Mr. Casaine seconded the motion that passed 7-0. C. Major Site Plan Modification 1. Project: Quantum Park Lots 15 & 16 (MSPM 05- 009) Eric Anderson, Anderson Architecture Quantum Corporate Center LLCP 3601 Quantum Boulevard Request for Major Site Plan Modification to complete construction of a partial second floor of a two-story building, adding approximatety 9,000 square feet of new office space to the existing 40,000 square foot building and conversion of the building entirely to office use. Agent: Owner: Location: Description: Chair Wische described the project. Chris Hair, Project Manager from Anderson Architecture, Inc., 399 W. Camino Gardens Boulevard, Boca Raton, stated the applicant agreed with all the staff conditions of approval. Ed Breese, Principal Planner, had nothing to add beyond the staff report and its conditions. Staff recommended approval with the conditions. Chair Wische opened the floor to the public for comment and dosed it when no one came forward. 7 Meeting Minutes Planning & Development Board Boynton Beach, FI September 27, 2005 Ms. Jaskiewicz asked when the applicant would comply with condition of approval # 18 to remove or replace missing or dead trees. Mr. Hair commented that this would be shown at the time of permitting. Ms. Jaskiewicz confirmed with Mr. Hair that this was a requirement and condition of approval. Motion Mr. Cwynar moved to approve request for major site plan modification to complete construction of a partial second floor of a two-story building, adding approximately 9,000 square feet of new office space to the existing 40,000 square foot building and conversion of the building entirely to office use, subject to all staff conditions of approval. Ms. Jaskiewicz seconded the motion that passed 7-0. 8. Other 1) Discussion regarding request for a joint CRA/P&D workshop on development activities in the respective sectors of the City Mike Rumpf, Planning and Zoning Director, placed this on the ~genda because Diana Johnson contacted him with a request to determine whether the two boards would like to meet jointly to discuss development within each other's boundaries. It was felt that this would help each board to get a better idea of the big picture for the whole City. For example, the residents are concerned about traffic and the number of units coming into the City. The CRA does not know what projects the Planning & Development Board has approved west of 1-95 and vice versa. Mr. Rumpf thought it would also be helpful at some time to have a joint workshop with the City Commission to address the projects currently approved and planned, even though the projects might not be on the ground for two or three years. In this way, everyone could get a better idea of the effect decisions were having on the entire City. The board members were very receptive to this idea and looked forward to such a meeting. Mr. Rumpf will try to set the meeting up and advise the board members when and if a meeting is arranged. 2) Notification from City Oerk's Office of Role of the Recording Secretaries in Relation to the City Advisory Boards Mr. Rumph read a letter from the City Clerk outlining this. The gist of the letter was that the board members were to interface with the Board Uaison on any problems that might arise. The Recording Secretary is present to record the proceedings only and should not be considered a member of the board. The letter was circulated to all the advisory boards. 3) Chamber/City/CRA Community Development Forum Ms. Johnson advised that this forum would feature four or five of the current mixed-use projects in the City. Many supporting businesses such as architects, commercial lenders, title companies and similar entities will be present. The event will be at the Holiday Inn 8 VI.-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) [g] October 18, 2005 October 3,2005 (Noon) 0 September 6, 2005 August IS, 2005 (Noon) 0 November I, 2005 October 17, 2005 (Noon) 0 September 20, 2005 September 6, 2005 (Noon) 0 November 15,2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF [g] Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal . ) .----~ 0 Bids 0 Unfmished Business -- . .:n . , 0 Announcement 0 Presentation :-"1 -G 0 City Manager's Report C) c...J -, :T_'-... _... I RECOMMENDATION: Motion to accept the \\oTitten report to Commission of purchases over $10,000 for the ~nthof:':':': September 2005. -IF;~ ::.., i~> EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, wlia states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager" . PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMP ACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. AL TERNATIVES: Revert back to the old bid threshold of S 10,000.00. Financial Services! Procurement Department Name ~~ Depa ent Head's SIgnature S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED SEPTEMBER 2005 1. Vendor: CEM Enterprises Inc. Requesting Department: Engineering Purchase Amount: Contact Person: $ 39,585.00 George Mantell Brief Description of Purchase: Emergency Bridge Repair at W. Ocean Drive (#935300) by order of Florida Department of Transportation -- approvals per APM 10.10.1, Emergency Purchases Source for Purchase: Piggyback - Broward County Fund Source: 302-4905-580-63-22 CIP-Bridge Improvements Purchase Amount: $ 16,758.90 Contact Person: George Mantell 2. Vendor: S & F Construction, Inc. Requesting Department: Engineering Brief Description of Purchase: Installation of New Sidewalk at Demonstration Park. Source for Purchase: Piggyback - PB Co. School Board Fund Source: 302-4905-580-63-24 CIP-Sidewalks Purchase Amount: $ 17,400.00 Contact Person: Mark Bobich 3. Vendor: Song & Associates, Inc. Requesting Department: Utilities Brief Description of Purchase: Structural Assessment of Utilities Administration Building to investigage wind load capacities and necessary improvements to meet a Category 4 Hurricane. Source for Purchase: Sole Source - Architect of 1998/99 Renovations 4. Vendor: Camarra's Asphalt Construction Requesting Department: Utilities Fund Source: 403-5000-590-96-10 CIP-Water Purchase Amount: $ 14,250.00 Contact Person: Tony Lombardi Brief Description of Purchase: Asphalt Repair on Boynton Beach Boulevard due to Sewer Repair. Source for Purchase: Three Written Quotes Fund Source: 405-5000-590-96-04 CIP-Sewer Purchase Amount: $ 17,625.00 Contact Person: Peter Roy 5. Vendor: Frederico Equipment Company Requesting Department: Code Compliance Brief Description of Purchase: Demolition of Properties at 480 Ocean Parkway, 3947 E. Palm Drive, 617 N.E. 7th Avenue, and 311 Ocean Parkway. Source for Purchase: Piggyback - Palm Beach County Fund Source: 691-5000-590-04-43 Code Compliance Reserve 1 of 2 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED SEPTEMBER 2005 The purchases presented in this written report were approved in accordance with the provisions of Ordinance 001-66, Chapter 2, Section 2.56.1, and are Z br;::::: to Commission as required. City Manager Approval: lr Date: ()cJ::- 7 . ~ ;- Presented to Commission for information on October 18, 2005 20f2 . .i..<~>\ \ ~_~'k.... , . , C; \ j :r 0,\, ,,/0 J-/~"". _ ,//-~:;.,. \" ? 0 P.. "', CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR~. VI.-CONSENT AGENDA ITEM G. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 2, 2005 July 18, 2005 (Noon.) 0 October 5,2005 September 19, 2005 (Noon) 0 August 16,2005 August 1,2005 (Noon) ~ October 18, 2005 October 3,2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November 1,2005 October 17,2005 (Noon) 0 September 20, 2005 September 6, 2005 (Noon) 0 November 15,2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 1ZI Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business --- 0 Announcement 0 Presentation ~~--j 0 City Manager's Report c::> C~) ---I I ' "-<: H - CTi RECOMMENDATION: Authorize the use of $1,000 of Commissioner Mike Ferguson's Community InvestmentFunds teL the Boynton Beach Faith Based CDC. =~ -'::.: . ., --._~ p,;, -'1 EXPLANATION: Commission approval is requested for allocation of$I,OOO to the Boynton Beach Faith Based C'P.C t~,::~ assist in funding the CDC's Peacemakers Youth Program which works in partnership with Galaxy and Poinciana El~nta:ry~ Schools. :z: PROGRAM IMP ACT: Allocation of funds will assist the above program. 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 TERNA YES: Decline to authorize the requested use. Department Head's Signature ~, City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: October 4, 2005 Requested by Mayor/Commissioner: Commissioner Mike Ferguson Amount Requested: $1,000 Recipient/Payee: Boynton Beach Faith Based CDC Description of project, program, or activity to be funded: CDC's Peacemakers Youth Program which works in partnership with Galaxy and Poinciana Elementary Schools. Dated: /# By: ~/!.d/~ l/ / 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. $ 0 has been used to date by the requesting Member, leaving a balance of available funds of $1 0,000. This request would bring the available amount down to $9,000. Accordingly: X There are funds available as requeste D There are insufficient funds available ID I" los t I Dated: By: Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: JY' The proposed expenditure of funds will not result in improvement to private property; liT The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; D The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and IIY' Proper safeguards are being implemented to assure that the public funds being appropriated will be used for the stated purpose. D If funds are to be used as a scholarship, the individual receiving the funds must reside inside the City Limits. t) (O-L(-()~ BY:~~~ City Manager -'\ S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM 05-06.doc . ~ BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION POST OFFICE BOX 337 . BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY PHONE (561) 752-0303 . FAX (561) 752-0302 September 23, 2005 'A. ./OVO Commissioner M. Ferguson City of Boynton Beach PO Box 310 Boynton Beach, FL 33425-0310 Dear Commissioner Ferguson: I'm writing to ask for your support of the CDC's Peacemakers Youth Program which works in partnership with Galaxy and Poinciana Elementary Schools. The Program serves 3rd to 5th graders referred to us by their schools because of behavior and academic problems. The program offers mentoring before school (2 days per week in each school) and after school recreation and tutoring (2 days per week in each school and jointly on Fridays). The Peacemakers Program requires about $30,000 for the academic year. Thus far we have about $7,000 for it. Could you please grant us $1,500 - $2,000 for the Program from your discretionary 2005/06 allocation? Thank you for your consideration. Sincerely, f) ,! }J. ... . -,' David Zimet Executive Director VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates 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 City Clerk's Office o August 2, 2005 o August 16. 2005 o September 6. 2005 o September 20. 2005 July 18.2005 (Noon.) 0 October 5. 2005 August I. 2005 (Noon) rgj October 18, 2005 August 15. 2005 (Noon) 0 November I. 2005 September 6,2005 (Noon) 0 November 15.2005 September 19.2005 (Noon) October 3.2005 (Noon) October 17.2005 (Noon) October 31,2005 (Noon) NATURE OF AGENDA ITEM o Administrative rgj 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 U) '-;-1 -'v --j" <...) G..;. RECOMMENDATION: Authorization for the Police Department to contribute $600.00 to:tb.e American Red Cross for Hurricane Katrina relief efforts. I..Cj :_:):;-. . -,. .--"-~ --rj (:(J W --- r:-j <.J_ EXPLANATION: On Labor Day, the Boynton Beach Police Department along with the Boca Rat1:iil and Delray Beach Police Departments competed in the annual Police Labor Day Challenge in Delray - Beach. The Challenge consists of various athletic events in which teams from the three agencies compete. The Boynton Beach Police Department won first place in the weightlifting event and second place in the basketball and volleyball tournaments. As a result of participating in the event, the Department received $600.00 from the Citizens Group for Delray Beach Police, Inc., which was deposited in our contribution fund. The three agencies agreed that the funds received from the Citizens Group would be contributed to the American Red Cross for Hurricane Katrina relief efforts. PROGRAM IMPACT: N/A FISCAL IMPACT: Donation from account # 691-5000-590-04-39 ~ City Manager's Signature Kurt Bressner Police Department Name City Attorney / Finance / Human Resources S:\BULLETN\FORMSIAGENDA ITEM REQUEST FORM.DOC Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 DELRAY BEACH < LOR I 0 ^ D.e:III AII.America City 1111 J! Joseph L. Schroeder Chief of Police 2004 1993 2001 September 20, 2005 b71- oc>cH::Jr2.Y7-Dt/-3? ~/.sc:. /'0//( f [) v~/f'/' OA-" Chief Matthew Immler Boynton Beach Police Department 135 N.E. 1 Avenue , Boynton Beach, FL 3/.~ Dear Chief Imml~ As I mentioned in my previous email.Delray Citizens for Delray Police are unable under their by-laws to issue the check to the American Red Cross as we had hoped. I have enclosed your check and ask that you deposit this check and issue a check directly to the American Red Cross. Sorry for any inconvenience this may have caused. Sincerely, Joseph L. Schroeder Chief of Police -t DELRA Y CITIZEN FOR DELRA Y POLICE INC. 40 SOUTH OCEAN BLVD. DELRAY BEACH, FL 33483 495 ~ J i il P~R1~~'6Ef ~.(\ -tYl\, ~ #~t",.1Z:, I. ; ~ g~ h~lvvuJ -- I / 63-4/630 Fl q ~ ....- 1161 DATE OS '--rk \9-i 1$ &0 IJ ~ 8 V-.J D DOLLARS ffi =a: ffi ~ I ~ ~ BankofAmerica.. ~ """"~'~n ~. l- FOR d-vv~ 1G -2u ~ __~_~!?:~ II-ODD ~ 11 511- 1:0 b 310000 ~ 71: 00. b . . 5 ~ ~8 ~ 3111- J.C.~\.'(Y OP.,.".., ;" , I \ Cl \ .i :r 0\ ,0 )-.~:; ~.'. ..",~,,< i-\"" r-o N '9 VI.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) IZI October 18,2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November 1, 2005 October 17,2005 (Noon) 0 September 20, 2005 September 6,2005 (Noon) 0 November 15,2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF IZI 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 Commissioner McKoy as voting delegate and Vice Mayor McCray as alternate for the National League of Cities Annual Business Meeting on Saturday, December 10, 2005 at the Congress of Cities in Charlotte, North Carolina. EXPLANATION: As a direct member city of the National League of Cities, our elected officials are entitled to vote at the Annual Business Meeting. Based on our population we are entitled to two votes. To be eligible to cast the city's votes, each voting delegate and alternate must be officially designated by the city. PROGRAM IMPACT: None FISCAL IMP ACT: None ALT~ Department Head's Signature City Manager's Signature Department Name City Attorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC To strengthen and promote citie.5 as centers of opportunity. leadership, and governance. ~~,~ National League of Cities 1301 Pennsylvania Ave., NW Washington, DC 20004-1763 202-626-3000 Fax: 202-626-3043 www.nlc.org 2005 Officers President Anthony A. Williams Mayor Washington. DC First Vice President James C. Hunt Councilman Clarksburg, West Virginia Second Vice President Bart Peterson Mayor Indianapolis. Indiana Immediate Past President Charles Lyons Selectman Arlington. Massachusetts Executive Director Donald J. Borut RecYCled Paper d);. 6mum ~%(b;~ . _-. , .-., r- .", (' I l i - , :! [' ,." \;i i_ ,: C;:' h v II C '1, '-.: . c: :<F\CC August 18, 2005 r'\ \ \. " ' ".'.1 . I,. I r\.: . !\ \ '(' f)? }.. '.j ;~~ (.. ~ MEMORANDUM TO: City Clerks of Direct Member Cites FROM: Donald J. Bornt, Executive Director SUBJECT: Congress of Cities Voting and Alternate Voting Delegates The National League of Cities' Annual Business Meeting will be held on Saturday, December 10,2005, at the Congress of Cities in Charlotte, North Carolina. As a direct member city, your elected officials are entitled to vote at the Annual Business Meeting. Based on the population of the city, each member city casts between one to twenty votes. The number of votes each city is allowed can be found on the table on the reverse side of this memorandum. To be eligible to cast a city's vote(s), each voting delegate and alternate must be officially designated by the city using the attached credentials form. This. form will be forwarded to NLC's Credentials Committee. NLC Bylaws expressly prohibit voting by proxy. The voting delegate must pick up his/her voting credentials BEFORE the Annual Business Meeting and must be present at the Annual Business Meeting to cast the city's vote(s). Your city elected officials should be made aware of this request so that d(~cisions can be made on who will be the voting delegate and alternate at NLC' s Annual Business Meeting. Before the Congress of Cities, please consult the NLC website at www.nlc.org for information summarizing the proposed National Municipal Policy amendments and resolutions that are to be voted on at the Annual Business Meeting. This information should be shared with your voting delegates. We ask that you return the completed form to NLC on or before Thursday, October 13, 2005. Please follow the instructions on the card for filling out the fonn and make a copy for your own files. A pre-addressed envelope is attached for your convenience. If you have any questions or concerns, contact Katherine Bates at bates(tV,nlc.org or (202) 626-3176. Put PresidenlB: KIfeR Anderson, Mayor, Minnetonka. Minnesota. Cllrence E. Anthony, Mayor. South Bay, Florida. John DeStefeno, Jr., Mayor. New Haven, Connecticut. Williem H. Hudnut, III, Mayor, Town of Chevy Chase. Maryland' Sharpo Jamos, Mayor. Newark. New Jersey' Bria. J. O'Naill. Councilman. Philadelphia. Pennsylvania' Oirecto,,: Lanai.a Ando"o., Councilmember. Arvada. Colorado. Tommy Bakar, Alderman. Osceola. Arkansas' Vickio Barnetl. Mayor. Farmington. M~higan . Phil Bazomore. Mayor Pro Tem. Monroe. North Carolina' Oo.iol Boardslo,. Jr.. Executive Director. Rhode Island League of Cities and Towns. Thoma. Brad.weg, Executive Director, Iowa league of Cities. Kenneth Bueche, Executive Director. Colorado Municipal league . Rosemaunda Butler, Council Member, West Columbia, South Carolina. Nor. Campos. Councilmember. San Jose, California. Roosevelt Colts. Councilman. Cleveland. Ohio. Jim Condos. Council Chair. South Burlington, Vermoot. U.. Dooley. Executive Director. West Virginia Municipal league . Clay Ford. Jr.. Mayor Pro Tern. Gulf Breeze. Florida. Eddy Ford. Mayor, Farragut, Tennessee. Olnny George. Executive Director, Oklahoma Municipal League. Inc. . Matthew GreUer. Executive Director, Indiana Association of Cities and Towns. Ken Harward, Executive Director, Association of Idaho Cities. Lester Heitke, Mayor, Will mar, Minnesota. Jim Higdon, Executive Director, Georgia Municipal Association. Ruth Hopkins, Councilmember, Prairie Village, Kansas. Ted Jennings, Mayor, Brewton, Alabama. Ronald Loveridge, Mayor, Riverside, California. Joseph Maestas, Councilor. Espanola. New Mexico' Micheol McGlyn.. Mayor. Medford. Massachusetts. Jam.. Mitchell. Jr. Council Member. Charlotte. North Carolina. J.o Moore, Alderman. Chicago. Illinois' Ed Oaklay. Councilmember. Dallas. Texas. Margaret POll"... Councilmember At large. West Vallev City. Utah' Oonio Rooder, Mayor. Seminole. Florida' Torry Rila,. Council Member. Kansas City. Missouri' John Ru.... City Attorney. Oakland. California' Ro. Schmitt. Council Member. Sparks. Nevada' Doug Scott. Mayor. Rockford. Illinois' Libaral. Silva, Vice Mayor. Flagstaff. Arizona' Shop Stahol, Mayor Pro Tern. Plana. Texas. Charle.. Tavares. Council Member, Columbus, Ohio. Ted Tedesco. Mayor, Ames, Iowa. Dick Traini, Assembly Chairman, Anchorage, Alaska. Jacques Wigginton. Councilmember, Lexington, Kentucky . Evelyn Woodson. Councilor, Columbus, Georgia NATIONAL LEAGUE OF CITIES 2005 CONGRESS OF CITIES CHARLOTTE, NORTH CAROLINA Number of Votes - Annual Business Meeting Direct Member Cities Article IV, Section 2 ofNLC's Bylaws specifies the number of votes that each direct member city of the National League of Cities is entitled to cast at the Annual Business Meeting at the Congress of Cities. All member cities are required by the Bylaws to cast unanimous votes CITY POPULATION (per 2000 Census) NUMBER OF VOTES Under 50,000 1 vote 50,000 - 99,999 2 votes 100,000 - 199,999 4 votes 200,000 - 299,999 6 votes 300,000 - 399,999 8 votes 400,000 - 499,999 10 votes 500,000 - 599,999 12 votes 600,000 - 699,999 14 votes 700,000 - 799,999 16 votes 800,000 - 899,999 18 votes 900,000 and above 20 votes NATIONAL LEAGUE OF CITIES . CREDENTIALS FORM 2005 CONGRESS OF CITIES . CHARLOTTE, NORTH CAROLINA Each direct member city of NLC Is entitled to cast from one to 20 votes, based upon the city's population per the 2000 census, through its designated voting delegate at the Annual Business Meeting. Please Indicate below your city and state, voting delegate andlor altemate(s), and sIgn and date the credentIals form. Mall the form to NLC In the enclosed pre-addressed return envelope. The official voting delegate andlor alternate(s) for the cltyltown of' .. - .... ':"~;'~' ..-L3 6' YJ.J TI'J;L 13 E /It!. ~ ~'re: (please type or print the name of your city/town a state) VOTING DELEGATE: " 1.CI1j{,1 I'll!- I( ~ 'I' N~ . . /J J?1 (Y)J S S loNE I<. TI E FOR OFFICE USE ONLY (DO NOT WRITE IN THIS SPACE) Voting card issued to: (Signature) ALTERNATE VOTING DELEGATE(S): 1. 2. 3. 2. fY} Ftc /( NAME t1 t-tl< 19 f ~~E TITLE J1 19 YtJ.f 3. Date: It!) - /J-tJ,j NAME TITLE Signature (city representative) TitJe:C I T 'I cr CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FO~... VIII.-PUBLIC HEARING ITEM A. Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office September 6, 2005 (Noon) D October 5, 2005 ~ Octoberl8,2005 D November 1,2005 D November 15, 2005 September 19, 2005 (Noon) D August 2, 2005 D August 16, 2005 D September 6, 2005 D September 20, 2005 July 18,2005 (Noon.) August 1, 2005 (Noon) October 3, 2005 (Noon) August 15,2005 (Noon) October 17, 2005 (Noon) October 31, 2005 (Noon) NATURE OF AGENDA ITEM D Administrative D Consent Agenda ~ Public Hearing D Bids D Announcement D City Manager's Report D Development Plans D New Business D D D Legal Un[mished Business Presentation "-') RECOMMENDATION: Please place this request on the October 18,2005 City Commission Agenda under::! Public Hearing. The Planning and Development Board recommended that the subject request be approved on Sept~ber 27, 2005, subject to all staff comments, and modification of Condition #34 to require the buffer wall only along the souTh .-- property line. For further details pertaining to the request, see attached Department of Development Memorandum NO. PZ: ::.-i 05-180. - . -,,' t't..; .. .::::. ~.,,--i CD .'2;: "'~? ~r EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Learning Place II (CODS 04-006) Dave Beasley Scott and Cathy Freeland East side of Lawrence Road, approximately 1,100 feet north of Gateway Boulevard Request for Conditional Use and New Site Plan approval for the construction ofa 7,800 square foot Day Care Center and related site improvements on a 0.839-acre site, zoned Single-family Residential (R-l-AAB). PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~~ Develop ~J:~ Planning and Z mg DIrector CIty Attorney / Fmance / Human Resources S:\Planning\SHARED\ WP\PROJECTS\Learning Depot - Learning Place II\Learning Place IMgenda Item Request Learnaing Place II COUS 04-006 10-18- 05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-180 TO: Chair and Members Planning & Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP Planner rt DATE: September 22, 2005 PROJECT: Learning Place II / COUS 04-006 REQUEST: Conditional Use / New Site Plan approval to construct a 7,800 square-foot day care center PROJECT DESCRIPTION Property Owner: Scott and Cathy Freeland Applicant: Scott and Cathy Freeland Agent: Dave Beasely Location: East side of Lawrence Road, approximately 1,100 feet north of Gateway Boulevard (see Exhibit "AIf - Location Map) Existing Land Use/Zoning: Low Density Residential (LDR) / Single-family Residential (R-1-AAB) Proposed Land Use/Zoning: No change proposed Proposed Use: 7,800 square foot day care center Acreage: 36,588 square feet (0.839-acres) Adjacent Uses: North: Right-of-way for Lake Worth Drainage District (LWDD) Canal L-21, then farther north is a developed school (Citrus Cove Elementary School), classified Low Density Residential (LDR) land use and zoned Single-family Residential (R-1-AA); South: Developed property classified Low-density Residential (LDR) and zoned Single-family Residential (R-1-AAB); Learning Place II - COUS 04-006 Page 2 Memorandum No. PZ 05-180 East: Right-of-way for Lawrence Lake Drive, then farther east are developed lots for single-family homes (Lawrence Lakes Estates) classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); and West: Right-of-way for Lawrence Road, then developed single-family homes (Sa usa lito ) classified Moderate Density Residential (MoDR) and zoned Planned Unit Development (PUD). BACKGROUND Mr. Dave Beasley, agent, is seeking conditional use / new site plan approval to construct a 7,800 square foot day care center on a 0.839-acre parcel in the R-1-AAB zoning district. Pursuant to Chapter 2. Zoning, Section 5.A., day care businesses, and other selected non-residential uses are conditional uses in single-family residential zoning districts. If the property is located along an arterial or collector roadway as recognized by the Comprehensive Plan, such use must also be located on a parcel no smaller than 0.5-acres and be no closer than 2000 feet from another day care use. Lawrence Road is classified as a collector and the subject property is O.839-acres in area. The proposed building (7,800 square feet) in conjunction with the rear porch (240 square feet) would account for 21.97% lot coverage. The applicant submitted a traffic analysis indicating the project would generate over 618 vehicular trips per day. However, the analysis is currently being reviewed by the Traffic Division of Palm Beach County to ensure compliance with the Traffic Performance Standards (TPS) of Palm Beach County. No building permits may be issued by the City until the Traffic Division approves the analysis (see Exhibit "C" - Conditions of Approval). 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 3,000 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 3,000 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan (see Exhibit "C" - Conditions of Approval). If approved, the construction of the building as well as all other site improvements would occur in one (1) phase. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings Learning Place II - COUS 04-006 Page 3 Memorandum No. PZ 05-180 certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The site plan (sheet 1) shows that the project would have two (2) curb-cuts on Lawrence Road. One (1) driveway opening would allow for vehicular ingress and the other would allow for vehicular egress. The southernmost opening is where vehicles would enter the site. Vehicles would travel eastward towards the building and then loop around to the northernmost opening, and exit on Lawrence Road. Vehicles leaving the site would have the option of both right-turn (north) and left- turn (south) traffic movements. In each case, both driveway openings proposed on Lawrence Road would be at minimum, 12 feet in width. At the time of permitting, the southernmost entrance would require minor adjustments in order to allow for a safer turning radius. Also, additional signage and striping would be required on the plans prior to the issuance of any building permits (see Exhibit "c" - Conditions of Approval). Nonetheless, the proposed configuration and dimensions of drive aisles and parking areas would allow for on-site access of emergency and selVice vehicles. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Day care centers require one (1) parking space per 300 square feet of gross floor area, plus adequate provision for a convenient drop-off area. The site plan requires a total of 26 parking spaces based on a 7,800 square foot building. The site plan would provide 26 parking spaces, including two (2) spaces designated for handicap use. All spaces would be dimensioned nine and one-half (9- 0) feet in width by 18- 0 feet in length, except for the handicap space, which would be 12 feet in width with five (5) foot wide striping area by 18-0 feet in length. The vehicular backup area would be 25 feet in width. State law requires parents and / or authorized persons are required to park their vehicles, escort the child(ren) inside the day care center and sign the daily attendance log. No glare is expected from the development. The child playground area would be located to the rear of the site, away from Lawrence Road. A six (6)-foot tall C.B.5. wall is proposed along the north and south property lines and recommended by staff along the east boundary in connection with the code required landscape barrier to prevent negative impacts upon the adjacent neighborhood. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The site plan proposes a dumpster enclosure along the south property line. Its location, orientation, and angle would facilitate the convenient and efficient removal of trash. Trucks would enter the site through the southernmost driveway opening, drive straight and access the dumpster head-on, then have enough space for back-up, subsequent turning movements and eventual egress from the site. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are available for this project (see "Background" section above). Learning Place II - COUS 04-006 Page 4 Memorandum No. PZ 05-180 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The site plan tabular data indicates over 40% (14,872 square feet) of the subject site would be pelVious surface. The landscape data on sheet LP-1 indicates that the project would have a total of 28 canopy trees, 32 palm trees, and 935 shrubs / groundcover plants. By the time of permitting, the plan would provide over 50% native species of trees and shrubs (see Exhibit "C" - Conditions of Approval). The project would provide a mix of canopy and palm trees. The tree species would include the following: Pigeon Plum, Live Oak, Japanese Fern tree, Cabbage palm, Christmas palm, and Yellow Elder. According to Chapter 2, Section l1.C, a minimum buffer width of five (5) feet and a landscape barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family zoning districts. A landscape barrier is defined as a near solid element combining a wall and / or natural vegetation intended to block all direct and reasonable views to a given use. The landscape barrier shall be comprised of a berm, buffer wall, and / or natural vegetation consisting of various tree species planted tip-to-tip in two or more staggered rows, and shall include species such as Southern Red Cedar, Silver Buttonwood, Dahoon Holly, B1011y, Palatka Holly, Redbay, Sweet Bay, Southern Coastal Willow, Sweet Acacia, Spanish Stopper, Geiger Tree, Cherry Laurel, Yaupon, Black Ironwood, Lancewood, Coffee Colubrina, Crabwood, Wild Lime, Willow Bustic, Torchwood" or other tree species found compatible by staff. The north landscape buffer, adjacent to the L WDD canal would be five (5) feet in width. The site plan shows that a six (6)-foot tall CBS wall is proposed within the buffer. Also, a row of hedges are proposed on the inside of the wall with Live Oak and Pigeon Plum trees throughout the buffer. Likewise, the south landscape buffer would also be five (5) feet in width. It would have the same six (6)-foot high wall and similar plant material proposed within the north landscape buffer. The east landscape buffer would be wider. The site plan shows that this buffer would be 15 feet in width. The landscape plan shows that a wall/chain-link fence is proposed within this buffer. However, it is not shown on the site plan. The wall detail shows that the wall would be one (1)-foot tall with a chain-link fence proposed on top of it For consistency and maximum buffering between the outdoor play area and the adjacent single-family neighborhood, staff recommends that the wall (proposed along the north, south, and east landscape buffers) be six (6) feet in height and be made of either CB.5. or masonry, and be painted to match the building. Furthermore, staff recommends that the buffer wall contain decorative columns / caps for aesthetic purposes. In addition, staff recommends that the trees proposed within the aforementioned buffers be planted at tip-to-tip spacing at the time of installation (see Exhibit "C" - Condition of Approval). The code requires landscape buffers adjacent to rights-of-way be at least seven (7) feet in width (Chapter 7.5, Article II, Section S.D.). Although not dimensioned, it appears that the western landscape buffer adjacent to Lawrence Road would be at least 10 feet in width (when scaled). This buffer would contain Cabbage palm, Japanese Fern trees, Purple Ruellia, and Redtip Cocoplum. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. A monument sign is proposed within the front (west) landscape buffer. The site plan shows it would be located approximately within the center of the buffer. According to Chapter 21, Article IV, Section LB., may not exceed 32 square feet in area and the structure must be setback 10 feet from all Learning Place \I - COUS 04-006 Page 5 Memorandum No. PZ 05-180 property lines (see Exhibit "c" - Conditions of Approval). The proposed sign would be similar to the applicants existing monument sign located at their other day care business (along Woolbright Road, east of Interstate 95). The sign elevation shows that the heights of the sign letters would range between five (5) and seven (7) inches. The elevations do not show any wall signage. No photometric plan was provided with this submittal. It would be required at the time of permitting. 7. Required setbacks and other open spaces. The building would be setback 20 feet - six (6) inches from both the north (side) and south (side) property lines/ over 40 feet from the east (rear) property line/ and over 150 feet from the west (front) property line. The proposed building would meet all setback requirements of the R-1-MB zoning district. As previously mentioned the site would be developed with over 40% of land area allocated for landscaping 1 open spaces. 8. General compatibility with adjacent property and other property in the zoning district. In general, the proposed use would be compatible with the adjacent residentially-zoned property within the immediate area/ within the incorporation of staffs comments related to project buffering. The Land Development Regulations were recently changed to increase the required buffering between non-residential uses within single-family residential zoning districts. This plan would meet the intent of that code revision. Furthermore/ the building is designed to resemble a single-family detached home. The elevations show that the structure would be adorned with aluminum railing, green decorative shutters/ and decorative windows. The roof would be cement tile roof. However, no paint colors are indicated on the elevations. At the time of permitting/ the elevations shall indicate the paint manufacturer name and color code (Chapter 4/ Section 7.0.). Staff understands the building would be painted yellow and highlighted with white accents but no definitive colors were chosen. The applicant submitted three color swatches of varying shades of yellow (Glidden Lemon Ice - 861241/ Glidden Moonscape - 89113~ and Behr Lemon Souffle - 350B-4). Staff requested that the applicant submit colored elevations of all four (4) building facades prior to the Planning & Development Board meeting (Chapter 4/ Section 7.0.). These elevations will be on display at the public hearings. Staff recommends that the building be painted with the Glidden Lemon Ice - 861241 paint because it is a soft, pale yellow color that would look aesthetically pleasing with the white accents (of the aluminum railing) and green shutters. The applicant is in agreement with staffs recommendation (see Exhibit "c" - Conditions of Approval). Given the existence of the adjacent elementary school and single-family neighborhood, it is assumed that there are a high percentage of families with children that would be well served by the subject use. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The maximum allowable building height in the R-1-MB zoning district is 30 feet. The elevations show that the proposed building is designed as a one (1) story structure, 17 feet in height (at mid- point of the roof) and 30 feet in height at the peak of the roof of the decorative cupola. The proposed building would not exceed the districts maximum height limitations and would compatible in comparison with the neighboring residential properties. Learning Place II - COUS 04-006 Page 6 Memorandum No. PZ 05-180 10. Economic effects on adjacent and nearby properties, and the city as a whole. According to the applican~ the economic impact on the neighborhood and the City is absolutely positive. The tax base of the City is increased by a property that is a good neighbor to the surrounding areas. The existing Palm Beach County school (to the north of the subject property) suggests that we are in the appropriate location. Staff concurs. 11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments noted within Exhibit "C" - Conditions of Approva~ the proposed project would comply with all requirements of applicable sections of city code and Land Development Regulations. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed building and use would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. It would be atypical for a business such as this, to violate the City's performance standards. RECOMMENDATION Based on the information contained herein, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "C" - Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. S:\Planning\SHARED\WP\PROJECTS\Learning Depot - Learning Place II\Learning Place II\Staff Report.doc Exhibit 'A' - Location Map . 175 87.5 0 I 175 350 525 700 * , Feel 'T' :1l1J\ ,.&:l.(,.lN- I:or-O>Vllf) >O->:O-t-l ZZZ:::t:J::oOO ;:)(")m;;ocO-v-" -:;:oen-=E n m. z (,f) (J) en >..... '" ""Clm (,f)C>Gl r::x:zz -> Zr-~:;e rnr-- '" .......... ">:'::1: '" m :I: "'''' >3-- r>C>G) r-~ZZ aJmCDO mop::!z -boOOCJ:l . 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Ij '" '" 0 '" e ~ ~ 'il ~ 'il ~ ~ 5l ~ 5l 8 Ie n 0 m () m ;; z 0 > " ~ " r" '" '" ~'" <::: ..... o ::J: r ~ " -< ~ z E '" Gl !il 78.0" ;: ~ ~ ~ 20.e" OVIIN LINK FENCE 03'34- W 1/9,32 ' ---- ~ w. ....... ....... ~., I ~ ~ i ~ ~ z LAWRENCE ROAD ( 80' R/W I TO HYPOLliXO ,qOAD , '" " " () > Z ~ .:., IB!l!I;::li:=!i !i;< ->;1- ::I~ ~~~~ _~~!ili ~:: ~F~ii~C:l B";:;;:l\-2~ ~~"!'i:i:~ij ~!'l_w_ - iHS2;;liiiii1 ~ii:_e>!:x:e e!!i~";~d _--~ez!l~ z~. _.._~ ml'l -'-lIl :::I!l;:!~!;~- ;"'~~!iJ~~~ ~~H~~m~ :-U~Ii~~ 1'i~::Ied~i ~!l ---~~ e!'i~~i;;!; .........n...i!: !!l ~~:;~i~~ -J;~l!-. -~ ifi.....il:i~iiKm!:! ;::iIIifi' _!l~::1 >>!i z..~_, . ~!\\~~=;;Iiiiii -!l!-~' ~ ~ !;;~~;-~. !::!:'i!i1m~~ !!i~~ii~i ~~~- ..a: !!!~~:i~: 1i: >-..- /;l ill % ~ '" ~ '" '" m % D 0- s: (") '" m '" '" c: '" m 0 '" % :z: > ~ '" Z '" '" -i n ~ m ?; ,. (") ~ m > '" :z: '" -0 > ?< '" Z % 0 0 '" "'" (") VI 0 ;, -0 '" 0- '" ~ n z: ~ '" VI m D '" c: m '" '" SO m 0 '" m '" (") ,. -i o :J: '" ,. '" % G> '" ::. m '" '" :z: ,. r- r- OO m o -< (") r- m -0 or> o !ii VI -0 :J: > > n % ~ '" n N ~ VI '" <J> m -0 D ,. SO n '" ~ m '" -0 or> ~ 0 "'" ?< 0 Z m 0 '" '" = '" '" '" '" '! 1-0 % i '" c '" '" m 0 c or> m ,m ffi ,3 \~ ~ i~ \ \ , '" \ -0 \ ,. ~ \ '" 0 0 i EXHlt5\ I D "'1~ -~- , ~ zz ' -nor.,) -:. ~U)O. , -<<> ~ ~. ~ :z 2 SOUTH BOUND TRAFFIC LANES TO GATEWAY BOULEVARD --------- PAVED ~EDIAN EXISTING lei' WATER /'fAIN )"STING . CQ+fC. CURe. ~ OUTlEft EXISTING 2' GRASS STRIP l^W$tENCE I..AIlES DR! \IE: '" c: r- o Z '" ~ m > <J> -0 > n m 0' o '" '" c r- o ~ ,. '" m ,. '" C r- o % '" ~ m > N '" <J> -0 ,. n z: 2 NORTH BOUND TRAFFIC LANES EXISTING ~. .'tY<:LE P,.. = '" - i ~ ~ ;; g ~ "'" '. POJlC'M 7'.0' ,b,.' ~i ~ 0 IH m ~ \; !i! Ie .. ~~ I~ Ii \" I rGl :r>rr1 ~ ZZ ;;; 0-4 !< ::0 ~ ~:" ~ ~ ~ ~ ::: "'~ < Z ~ ~ !:: ~~ ~ ~ - ! ~:: - z i:e s~ ; ;x) ~ :- ~ I 0' ~ ~ -00 ",0 ~n om ",,,, mn 0- > ."r .,,'" c mr- -0 _ Z ~'" N o -" '" ~ ~ m '" 8 <, 8 <, <J> -i o '" -< o ~ 14.0 ~Q_6' I 20.&' ~ I " I ..i - - 'C- -PAOPi5'SEP~ CHAIN L'i"NK FEN e:-uTili"nE:" - - -..L 5 2 03'34" W i !9.32' -------_._------------------~----- ~i= ~ i~i ~!:\! fl~~ ~ ~ ~ . ~~ ~~ ,; ~~ H :~ ';r ;;~ lil- iii I % '" ..., VI VI o ... 0' ~ I \ I \ I I \ \ 1 / I LAWRENCE ROAD ( 80' R IW I TO IiYPOLUXO ROAD r- '"' '" '" n :>- % ,. r- c '5" CJ\NAl. p;1'fI ~g ~ '- -I rn r [1l ( }; ,- -f':. ,,- ( ;,.Ii~ S '< J r 'G f" I'll * ,~ ~G"~ :~8~ ~ ~ ~." 1\\ ~ ~ :z. ~: t .. (} ~! t 0" ~ > t- l~ ! N SO~OII 1.,1",11 1~'.t'll EXHIBIT B &~ ,q~ '!I mIl ~ T Ii; l ? 1\1 ~ ~ 1 s~alt '" v l. g ~~ \ 1\ f~ \ ~~ \ ff' -l \ s:- ; ~ IT [ , ,~ I" I:' ! ~ if ~ f i \J' ~ m ~o \" ~f" ~ ~EJ ~ "gSl ""r "S b"" t) l. ". '1 !e! :S~f ~ J; r-l>l= ..( r\" ..!!. , ~ -i 6: z." r - (II .... "..$.. _>I n : ;; '" {t H ,,~ No ~~ ~: ... '11 I' 'l>'~ ~ "'\ ~ 1- ~ f. ~,. t' f .. dl'~ ~ <S6111H-777O D.=-~~8Y ~-~-~.- ----- T U R QUO IS E, Inc. ConetAtlng~, ~&Pa.nr1irlD .,,___,..~_.. __-.ft._" -~ ~..-..-...........-, A L....lLN .14.... CeNTeIIo.1'T.......~ 1~e-\..e~~NING. CSrl~-1L-______'--c, L"""e.nlGa ~o J".o'o-/N T">\ f'12A~ F1..olZ-U>... :; ). " ...." .,. ~ - W I I ~ w ~ I' \~ I ~ ['\ \ l- Ilt \ ~ ~ 11 ~ i ~ "- ~f v " - "L .f\ .. -I!' J 41 -t- U I <': 11 -l> ,,- 11 6: ::. ~ ~ ? 1 !J: "- -i J & 1: ~ " S'-a'" 1 :\I r j -:l ~f , 'II' ! ] ~ ( - J . ~ H ~ 1 ~'.~ r :. I I L :L f f 111 ~~ !1 ~ ... - m I" ....;) t"' H ;r-g~ ... 'l' ~~1 r .r i + t '" "iI ~ .. i:' f 5:: X ~ r "Il ~ .. r 1 ~ ~ P -1l . , tn ~-.;,. 11 ~ ~( ~ ...( " -< .. <i '" 1- ~ :s- f C' ~ ~ ~ ..(. -i. ~ l? J;; c- il .. " 1. ..6" t' ~~~ f 1: EXHIBIT B CHI) ''''7770 Dave Be.aley -'- l tl t - f i 1~ .' ~~ T U R Q' U 0 I S E, ~nc. ConUlIng EnginMItr'IG. AtdIIIK:kft & P&&rnng .n...--.............. .......-...._ ..-:..........-.- --~ ........- A '-~..c..\t..+..lIN-co. - Ci!.NT'&11L.. ~-': T<-IE L~L'NINa~ :n:-- '--"";....-.. ~ e."-fNT1:>.-I e.~ f'~ --- ~ = g ~ a ~ ~ ~ ~ ~ Q ~ ~ 6 8 ~ ~ ~ ~ ~ ~ ~ 8 ~ S t ~ e ~ ~ t . N N ~ . ~ ~ .. ifIffiUnunfHfn ~ ~ [ ~ I U n h h q n fin ~ ~i ( ~ ; f ~ l 9 [ ! r I . [ ! ~ t ! f i ~ !~ ~( I." ~~...iG'." ... r J ~. Jf i~ ~ 5 ~ II - .;:; ~ !: ~ ~ ~ ~ ~ ~ ~ ~ ~ l~ ee ~~ €S~ d ~ ~ ~ :i !l: i!: i!: i!: j I !. .!- ~s; ~z . . "0 :; ~cn on :J> ." m ." S; Z ~. ~ '. ':- '< ~- ---- '\ \ ) Y n / &~ .'~ 11~ --. \ ~i ~~/) ~ S ~l -/ '" ~ r- ~ . .... THE LEARNING CENTER II l.awrence Road, city of Boynton Beach Palm Beach County, Florida Majestic Vol-Mol Lendscape ArchltectuN . Construction M.n.gement 4711 c,.,...DrfloI,....-~..L SMMI....'.,U......_(N1J7U-I1... -==~...:===...a::-...:..-....:-..=::=.::=- . ~ ! ~ ! Ii\ il<" = 1\ r .~ 1" "1:1 f l.. z: i I J~1 ,- ~ ~ ~ 'll~r ~r': ir: ~ ..... C. a 4/' ~ E," 6" ~\ t; . ~ b' ~ " ,...t _ ~ r> 1 . ~ qr ~. ~ I~ ~~ '", ;,. '" ~ (\ c- r -t ~ C ~ "I ' 2 .... !~ I b" '" & ~ .!.- E' ~ '\. .. . .. ~ i' €' ~ J ~ ~. ~ . ~ \J' ~. ... !:' i:" t) ~ l::l .~,. ~ l) "l . ,I 'l'- i J ~ 14 t. '" ~ \4 ~ i ,,1 t-! i ""t~ ij~ f !~l ~ ~ ft r"'~ 0- . 1'~ Gl 1- * It ~ ~j~ ~ I~ -4" :i- t" I f F u.!.cll 4-1\, ~ <4" 7'- ~ i :tl ~I ~ ijO ~ ; ~ & -i , '" ~ ~ ... .... ~ " ; f, ~ "t ~ i, ~ "'. ~ ~- <:e.. \ ~. ~o oe.... o.~~ '--- ~v- ~~ ~/"lo"~__ r--+'\'t. ~""Q{f,jIL'" . .. ~~e..Ie.I\..lT'1' It~O'\ 4'\ A:~-1 ~~~ i" · ,ir 1.~ 1\1"; ~cl~ ~F' H H t~ ~ ,",' 4" =!t"Z.:.<,II z?'-c" .- ~ ~ i .. .\' ~ IS' 5>~ <\ ~ , ! J\ P ... . .. t , If " t" ., ~ iff ~ J '2.Q L.o II '" t p :f. " . $ r g ~ 1 J ~ tf .( :: " ~ ~ ., j ~ EXHIBIT B ~ &" ~ ~ ,- 6~ ~ ~ ( .~ + ~ "'- "?'l ~ l,11 ( toJO". Z::l~+!\ Iff 'Z!.tt~bll ~ .... ~ ~ J "! .. ~ i ... '7b~a'l 1.~C""'" 0.4'1 ,5" ... .. ~ "';. s" b' f 0;, 1 , , ~"l!!-...~ f · ! ~::'"fl, 1 " ~.. -",.. ..o~ ~ ~.. i \l'! . . (HI) ''''7770 D~e~.y ,A I-e-"--iNo<.~.z- 'F.f'G.~. li4e- Le..-lZ-i.l,I'ol... ~(t... n: L..J-.wtt..a~ tz..I'AO P,;,""fN T7)N ...,.....IF\-PltAP.... r l! ~ :~ i ~ :: ; i rG> l>1T\ ~ ~~ ~ :XI .. (1)-< ~ ~~~", =::r:~<z N ""1:1I ", G') ~ i~ ~ - --N Z ~ :~ ~ ~ I I :XI ~i~ I !i~i h2 f.1i!;~ i ~ i! i :-"1 ... I. .-- 'E' LAWRENCE LAKEs DR I VE \:I:; H g ~~~~i ~ ! i ;; ! : It ; i ~ g;~f: € a c: ; ~ ~:~~~ g :J: ~ ~ ~ i i m ~ a: ..... t: ! i ~ gJ~ ~ -~o ~ z: '!! ~no -; "'~ ~n , ~~ ~ EXHIBIT B :z: TO GATEWAY BOUcEVARD PAVED MEDIAN 2 SOUTH BOUND TRAFFIC LANES EX,STING 115" WATER MAIN EX'ST~NO 2' CONe. CURB AND GUTTER EX'rS"HG 2' OII:ASS STRIP "" ~ g U' '" ~ en 0 ~ '" ~ ~ '" '<: 2 NORTH BOU~D TRAFFIC LANES EXISTING <4" "CYCLE P~TH ~ i!l ", EXISTING S" CONCRETE S'OEW"LK N 2 03'34- E 119,43' li! ~ I ( " ""i" ~ 8~~~ - <, i; ~rg .., i g ~ m -! ;z ~ U' en 0 -": ~~i~ ,... '" ~:w.OoC; <:> a ~V:~;g c:> n ~;S rri;; > ;Z ~ ~ ~; ~ !i'; "'~ ~ n: ~ .:., ~Ini . ;: ~ ~ 8 ~ I~,~ '"'~ ~ I~I; ~ ~ . ":.... (...,j '" o ~ 30' "I 0 PORCH 711.0' ~ n ~ '" 0 '" ~ :< ~ :< ~ ;:: ~ 8 m n m '" <:> ~ 2: '" ~ .... m ,... ::6 <:> -< ;Z n G> ~ ..., 0 78.0' 20.&" ---- ~":~E~ x~;;\H m Ql!l ~ :~ ~ LAWRENCE ROAD ( 80' R/W ) TO "'YPOLUXQ ROAD W 119,32' ABOVE OII:OUNO CANAL CROSSING EXISTING eo WATER MAIN ~~ n ;;ioa.: -"'!\:I ~;~; ",_m! ~;~~ .... ~~ ~ ~i m ~ U :~ ~~ ~ ~ o ~ ~ o ~ as' C^NA.L R/W EXHIBIT "C" Conditional Use Project name: The Learning Place II File number: COUS 04-006 Reference: 3rd review plans identified as a Conditional Use with a July 19, 2005 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Flatten the south side of the ingress driveway to allow wider turning access X for Solid Waste and FirelRescue PUBLIC WORKS - Traffic Comments: 2. Reference City Standard Drawings "K" Series for striping details. X 3. On the Site and Civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. 4. Add "Do Not Enter" signs at the egress driveway and to prohibit traffic into X the one-way drive aisles. 5. Add "One-Way" arrow signs at the ends of the two-way drive aisles where X they meet the one-way drive aisles. ENGINEERING DIVISION Comments: 6. Show proposed site lighting on the landscape plans (LDR, Chapter 4, Section X 7.B.4.) The lighting design shall provide a minimum average light level of one foot-candle. On the Lighting Plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section A.1.a and Florida Building Code). Provide a note that the fixtures shall be operated by photo-electrical control and are to remain on until 2:00 a.ill. (LDR, Chapter 23, Article II, Section A.1.a.) Include pole wind loading, and pole details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A on the Lighting Plan. Glare that is readily perceptible at any point at or beyond the property on which the use is located is prohibited (LDR, Chapter 2, Section 4.N.7). Lighting shall be directed away from any residential uses (LDR, Chapter 2, Section 4.N.7.) Provide photometries as part of your TRC plan submittals. 7, Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X COA 09/27/05 2 DEPARTMENTS INCLUDE REJECT Section 5.R.). Reference FDOT Standard Index 546 for the sight triangles along all collector and arterial roadways. 8. 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. 9. 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: 10. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 11. 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 greater (CODE, Section 26-16(b)). 12. 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. 13. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 14. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 15. 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. COA 09/27/05 3 DEPARTMENTS INCLUDE REJECT FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 16. 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. 17. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 18. 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. 19. 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. 20. 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, 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) 21. At time of permit review, submit separate surveys of each lot, parcel or tract. X 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. 22. 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 COA 09/27/05 4 DEPARTMENTS INCLUDE REJECT all the conditions of approval as listed in the development order and approved by the City Commission. 23. 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. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 24. The landscape plan must meet the minimum requirements of Chapter 7.5 X Environmental Regulations Article II. 25. There is no irrigation system design included with the plans. The irrigation X design should be low-flow for water conservation 26. In the design, all shade and palm trees should receive irrigation from a X bubbler source (Chapter 7.5, Article II Sec. 5A). 27. Turf areas should be limited in size. Landscape (bedding plants) areas should X be designed on separate low-flow zones with proper time duration for water conservation (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 28. This project requires conditional use approval. Provide justification for X approval of the project based on the standards for evaluating conditional uses found in Chapter 2, Section 11.2.D. of the City of Boynton Beach Land Development Regulations. Staff recommends that a period of one (1) year be allowed to obtain a building permit for this project. 29. At the time of permitting, on the site plan tabular data, identify the Future X Land Use designation for the subject property. The Future Land Use designation is the following: "Low Density Residential (LDR)". 30. The elevations shall indicate the paint manufacturer name and color code X (Chapter 4, Section 7.D.). COA 09/28/05 5 DEPARTMENTS INCLUDE REJECT 31. The applicant submitted three color swatches of varying shades of yellow X (Glidden Lemon Ice - 86/241, Glidden Moonscape - 89/135, and Behr Lemon Souffle - 350B-4). Staff recommends that the building be painted with the Glidden Lemon Ice - 86/241 paint because it is a soft, pale yellow color that would look aesthetically pleasing with the white accents (of the aluminum railing) and green shutters. 32. At the time of permitting, the location of the monument sign shall be shown X on all plans. The sign may not exceed six (6) feet in height. The sign face cannot exceed 32 square feet in area and the structure must be setback 10 feet from all property lines (Chapter 21, Article IV, Section LB.). 33. Fifty percent (50%) of site landscape materials must be native species. X Indicate the amount of native material in the plant list of the landscape plan (Chapter 7.5, Article II, Section 5.P). Please indicate by asterisk, the native species and ensure that at least 50% of landscape material is native. The categories shall be as follows: Shade trees, palm trees, shrubs and groundcover. 34. A minimum buffer width of five (5) feet and meeting "barrier" landscaping X requirements shall be required for all parking and vehicle use areas and outdoor recreation areas that abut residential zoning districts. According to Chapter 7.5, Article II, Section 3.B.3, a "landscape barrier" is a near solid element combining a wall and / or natural vegetation intended to block all direct and reasonable views to a given use. The landscape barrier shall be comprised of a berm, buffer wall and / or natural vegetation consisting of various trees species planted tip-to-tip in two (2) or more staggered rows. For consistency and maximum buffering, staff recommends that the wall (proposed along the north, south, and east landscape buffers) be six (6) feet in height and comprised of either C.B.S. or masonry, and be painted to match the building. Furthermore, staff recommends that wall contain decorative columns / caps for aesthetic purposes. In addition, staff recommends that the trees proposed within the aforementioned buffers be planted at tip-to-tip spacing at the time of installation. A row of hedges should be installed on the north side (outside) of the wall (proposed within the north landscape buffer) to deter from possible graffiti. (See Board Condition # 41 for wall location) 35. Substitute the Dwarf Ficus with a plant species allowed by the city's code. X Staff recommends native plant material. 36. All above ground mechanical equipment such as exterior utility boxes, X meters, transformers, and back-flow preventers shall be visually screened with appropriate landscaping / hedge material. Place a note on either the site plan or landscape plan indicating this requirement (Chapter 9, Section 10.CA.). 37. The dumpster enclosure shall resemble, with respect to the color and X materials, the design of the principal buildings and shall be integrated with other site elements (Chapter 9, Section 10.E.3.). On the site plan, place a COA 09/28/05 6 DEPARTMENTS INCLUDE REJECT note indicating this requirement. 38. Provide a detail of a typical outdoor freestanding lighting fIxture. The detail X of the typical freestanding outdoor lighting fIxture should include the overall height, exterior fmish, materials used (i.e. concrete or aluminum), color(s), and appropriate bafiling / shielding to keep glare away from adjacent properties. 39. All playground areas should have large canopy / shade trees (mature) such X that they are not capable of being bent / broken by the children. The trees should be installed large enough so that they won't break or fall down in case unsupervised children start to climb the tree. Also, larger trees provide more shade for the child play areas. 40. The applicant may wish to coordinate their east buffering requirements with X the Lawrence Lake HOA, who currently has a fence and landscaping at their western edge. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 41. Condition # 34 will require the buffer wall only along the south property line. X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 42. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Learning Depot - Learning Place lI\Learning Place II\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Learning Place II APPLICANT'S AGENT: Mr. Dave Beasely AGENT'S ADDRESS: 3570 Kitely Avenue Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 18, 2005 TYPE OF RELIEF SOUGHT: Request conditional use / new site plan approval for the construction of a 7,800 square foot day care facility on a 0.839-acre parcel in the Single-family Residential (R-1-AAB) zoning district. LOCATION OF PROPERTY: East side of Lawrence Road, approximately 1,100 feet north of Gateway Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning & Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\P'anning\SHARED\Vw'P\PROJECTS\Learning Depot - Learning Place U\Learning Place II\DO.doc City Clerk Meeting Minutes Planning & Development Board Boynton Beach, FI September 27,2005 Mike Rumpf, Planning & Zoning Director, reported on the planning and zoning items heard by the Commission at its September 20, 2005 meeting. . Cortina @ Boynton Village new site plan approved with modifications recommended by board. . Boynton Town Center new site plan approved. . Boynton Village new site plan approved. The Commission only revised one condition of approval to update with current unit counts for purposes of recreation impact fee calculation. . High Ridge New Urban Communities new site plan approved. . Boynton Village Parcels 4 & 5 and Parcel 3 conditional use approved. Mr. Rumpf inquired whether the board would be rescheduling or canceling its December 27 meeting as usual. He needed to know in order to schedule hearings accordingly. After discussion, the board's consensus was to change its December 27 meeting to Thursday, December 22, 2005. 6. Old Business A. Master Plan Modification 1. Project: Agent: Owner: Location: Fosters Mill (MPMD 05-010) Bernard Malatesta, Vice PresidentjTreasurer N/A North of Miner Road between Lawrence Road and Congress Avenue Request for Master Plan Modification to reduce side yard setbacks from ten (10) feet to eight (8) feet for construction of screened roof enclosures. Description: Chair Wische stated that staff had pulled Item 6.A.1 from the agenda. Chair Wische recognized the presence in the audience of Commissioner Mike Ferguson. 7. New Business The Recording Secretary administered the oath to all persons who would be testifying during the public hearing. A. Conditional Use/New Site Plan 1. Project: Agent: Owner: Location: Learning Place II (COUS 04-006) Dave Beasley Scott and Cathy Freeland East side of Lawrence Road, approximately 1,100 feet north of Gateway Boulevard 2 Meeting Minutes Planning & Development Board Boynton Beach, FI September 27, 2005 Description: Request for Conditional Use and New Site Plan approval for the construction of a 7,800 square foot Day Care Center and related site improvements on a 0.839-acre site, zoned Single-family Residential (R-l-AAB) Chair Wische read the project details and invited the applicant to come forward to answer questions. Dave Beasley, agent for owner, 2385 S.W. 13th Terrace, commented that the applicant owned the Learning Center on Woolbright and 1-95 and this one would be patterned after it in color, design, and signage. He also stated the applicant agreed with all 40 staff comments. Chair Wische noted item #34 in the conditions of approval pertaining to a recommendation from staff, "For consistency and maximum buffering, staff recommends that the wall (proposed along the north, south, and east landscape buffers) be six (6) feet in height and comprised of either CBS. or masonry, and painted to match the building, " When Chair Wische asked Mr. Beasely how the applicant felt about this recommendation, it turned out that there had been a misunderstanding between staff and the applicant on this point. Scott Freeland, 4770 Glen Eagles Drive, said they had found nothing in the Code that required a C.B.5. or masonry wall in this circumstance and they believe that aesthetically speaking, a fence buffered with hedges on both sides would look better than a wall. Ms. Jaskiewicz' understanding was the plans called for a C.B.5. wall on both sides. Mr. Freeland said there would be a concrete retaining wall to the elevation of the landscaping and then at that point, they would put a fence. Mr. Beasley stated that the retaining waif was needed to harmonize the very different grade elevations between this project and the adjoining property. According to Mr. Beasley, there were utility easements in the rear of the property that would have to be left open in any kind of barrier, fencing or a waif. The rear of the property faces Lawrence Lakes, but there is a very large landscape buffer at present between the two properties. Ms. Jaskiewicz inquired whether the residents in the surrounding neighborhoods had been made aware of the proposed project, and the applicant responded that they had so notified them. A considerable discussion ensued about the wall. Mr. Saberson and Ms. Jaskiewicz expressed a strong preference for the concrete wall recommended by staff as being more protective than the fence and landscaping. Each of them was concerned about the proximity of the single-family residential neighborhood to the project. Ms. Jaskiewicz believed that landscaping could die and concrete would not. Other board members 3 Meeting Minutes Planning & Development Board Boynton Beach, FI September 27, 2005 seemed to feel that the proposed fence and landscaping would provide an acceptable buffer. Placement of the wall/fence was also an issue. Ms. Johnson asked about the hours and days the daycare would be operated. Kathy Freeland, 4770 Gleneagles Drive, responded that the hours for the daycare center would be 7:00 a.m. to 6:00 p.m. Monday through Friday, no weekends. Eric Johnson, Planner, stated staff had reviewed the site plan for compliance with all applicable rules and regulations and recommended approval of the site plan contingent upon complying with all conditions of approval. Non-residential uses are allowed in single- family residential zoning districts as long as the property is located along an arterial or collector road. This change to the Code had taken place since the Freelands had opened their first daycare facility and staff wanted to insure there was enough buffering between this use and the adjacent single-family community. That was the reason for the recommendation for the wall. A daycare center would be an appropriate use for this area and staff recommended approval. In response to questions from the board, Mr. Johnson stated staff would not agree with the applicant's request for a chain link fence and hedge in place of a C.B.5. wall. Staff wanted to have a six-foot high wall around the north, east, and south sides of the property. He added that the wall was requested to provide a sound barrier as well as a visual one. The children's play area would create noise. Mr. Casaine asked the applicant if there were a problem about the six-foot wall. Mr. Beasley said this discussion had been held before. The applicant believed that a concrete wall on three sides of the property would make it look like a big "compound" and would not be nearly as attractive as the proposed fence and hedges. Also, he commented the children were only playing during the day and most people were not home during the day. Mr. Beasley said in regard to a wall on the south side of the proposed property, there was a house. If they ran a wall, it would be a concrete wall from the resident's side. From Lawrence Road, there would be a concrete wall and they proposed putting a butterfly garden inside the wall. On the other side there was a canal and Citrus Grove Elementary School. There was brush and nothing over there to buffer from. They felt the retaining wall, fence and hedges were a more attractive solution to the problem. A discussion ensued about which directions really needed buffering in an attempt to find an acceptable compromise on the wall issue. (**) Mike Rumpf, Planning and Zoning Director, proposed eliminating the request for a wall on a portion of the north buffer west from the building, and placing a wall along the eastern, rear boundary. A canal and elementary school abut the property to the north, so that did not warrant a solid buffer wall and sound buffering and so forth. Mr. Rumpf felt that a child would be less likely to get over a wall than a fence, but that was not in the Code. There was really no Code saying there had to be a buffer wall around the property 4 Meeting Minutes Planning & Development Board Boynton Beach, FI September 27, 2005 for safety reasons. He further clarified that as an alternative, a portion of the north leg of the wall could be replaced with landscaping and perhaps vinyl-covered fencing and that same length of wall, in CBS or masonry, could be placed on the eastern side of the property . Mr. Beasley said they had no problem with the wall on the south side of the property since it definitely abutted residential. Ms. Johnson confirmed with Mr. Rumpf that staff would require a six foot wall on the east side of the property and Mr. Rumpf said that was correct, for the buffering intent. Ms. Johnson asked Mr. BeaSley how he understood this. Mr. Beasley said he understood staff's proposal, but disagreed with a part of it. They had made their own proposal and he thought it was a reasonable one. The Code said, "a wall and/or landscaping and a berm." It did not say "wall." Mr. Cwynar had heard this also. Mr. Beasley said that according to the Code, the applicant did not have to put a wall around any of it. Mr. Saberson said that according to the Code, conditional use approvals required compatibility with adjacent and nearby properties and this was an independent standard, separate from any requirement for a wall or fence in any particular case. If staff felt that a wall was necessary in order for it to be compatible and protective of the uses adjacent to the proposed use, unless the applicant complied with that additional requirement, the conditional use itself did not have to be approved. What staff was proposing was far less of a problem than a determination that the conditional use should not be approved at all. Mr. Beasley said both sides had made a proposal and that both proposals fell within reasonable guidelines. It was up to the board to interpret this. Of course they would do what they had to do. If the board passed staff's recommendation, they would have to comply, but they believe they had proposed something reasonable and acceptable and it was up to the board to make that determination. Chair Wische opened the floor to the public for comment, and closed it when no one came forward to speak. Motion Mr. Saberson moved approval of Learning Place II's conditional use and site plan approval contingent to all conditions in the staff report as modified by the staff recommendation just made regarding the walt. Ms. Jaskiewicz seconded the motion. Mr. Casaine felt the matter needed clarification. The applicant had accepted part of it and staff had not commented about whether staff agreed with the compromise. Mr. Saberson felt that staff had made its recommendation and it was a reasonable compromise. He stood by the motion. Ms. Johnson asked for clarification about what was actually being agreed to. Chair Wische asked for clarification from Mr. Rumpf. Mr. Rumpf reiterated his recommendation (** see page 4). 5 Meeting Minutes Planning & Development Board Boynton Beach, FI September 27, 2005 Mr. Cwynar believed to put a solid wall on the north and east sides would be a waste of money. There was already a landscape buffer back there and from the aerial photograph, the landscaping was heavy in the Lawrence Lakes corner abutting this project. The houses that were there were far away. He understood the six-foot wall on the south property line, but not on the east or the north. He felt a chain link or vinyl-link fence would be acceptable. Mr. Beasley said that a green vinyl fence would blend in with the landscaping and not be seen - a C.B.S. wall painted white would really "stick out." Mr. Casaine agreed with Mr. Cwynar's comments. He felt the project was secure with the fence proposed by the applicant and that the children would be safe. It was clear the applicant was willing to put up a wall on the south side, in the rear. The applicant clearly preferred to have a fence and hedge on the north and east sides, and this was close to staff's recommendation. Ms. Jaskiewicz noted that this was a conditional use and that professional staff had made a recommendation for the reasons stated. This was a use abutting a single-family residential area. She thought staff's compromise was reasonable. A vote was taken on Mr. Saberson's motion. At the Chair's request, the Recording Secretary polled the vote and the motion failed 2-5, Mr. Casaine, Mr. Cwynar, Vice Chair Hay, Ms. Johnson, and Chair Wische dissenting. Motion Mr. Casaine moved to approve the conditional use/new site plan request for construction of a 7,800 square foot daycare center and related site improvements on a 0.839-acre site, zoned Single-Family Residential (R-l-MB) with the conditions expressed by staff with the exception of those of the clarification presented by the petitioner. Vice Chair Hay seconded the motion. Mr. Saberson and Ms. Jaskiewicz asked what that clarification was. Mr. Casaine indicated he would rely on the record of the secretary since there had been a lot of discussion. Mr. Saberson asked Mr. Casaine to express his understanding of the clarification so it could be included in the motion. It was Mr. Casaine's understanding there would be a wall on the rear, south side and none on the north or east. Vice Chair Hay indicated acceptance of this. Ms. Jaskiewicz asked staff if this had been what they had suggested, and staff responded in the negative. At Chair Wische's request, the Recording Secretary polled the vote and the motion passed 5-2, Mr. Saberson and Ms. Jaskiewicz dissenting. B. Use Approval 1. Project: Agent: Owner: Quantum Park Lot 3 (USAP OS-001) Joey Caballero, 5th Avenue Inspections, Inc. Joey Caballero 6 , .,.v.~,""n:_,o".~ / ;", / \ I \ CJl iX 0\, .f/U J- ..', ,/ t.,.. .-v .,~ ." ',' , \-' iON ~) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IX. - CITY MANAGER'S REPORT 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 Meetine Dates in to City Clerk's Office D August 2, 2005 July 18,2005 (Noon,) D October 5, 2005 September 19,2005 (Noon) D August 16,2005 August 1, 2005 (Noon) ~ October 18, 2005 October 3, 2005 (Noon) D September 6, 2005 August 15,2005 (Noon) D November 1, 2005 October 17, 2005 (Noon) D September 20, 2005 September 6, 2005 (Noon) D November 15, 2005 October 31, 2005 (Noon) ':, ._-~ D D , Administrative Development Plans CJ - --. NA TURE OF D Consent Agenda D New Business - -- AGENDA ITEM D Public Hearing D Legal f"~) D Bids D Unfinished Business ,--, D D -, Announcement Presentation ., ---. .--- ~ City Manager's Report -";--' cr::- ,-.... ---"':jI'j ~~ '.:')> , . t c-) RECOMMENDATION: Review Funding Requests from State sources. EXPLANATION: possible state funding: The staff has prepared Community Budget Information Requests (CBIR) for two projects for 1. Hardening of Emergency Operations Center at Fire Station #5 (High Ridge and Gateway) 2. Boundless Playground at Congress Avenue Park Site (adjacent to Tennis Center) PROGRAM IMPACT: If funded, the projects will provide community improvements while reducing local costs. Staff has prepare several other ideas for funding but have not prepared CBIR funding requests, if state funding. These are attached as a separate list. FISCAL IMPACT: If funded, the projects may require a local match, as shown on attached exhibit. ALTERu=.O'ize funding applications. Department Head's Signature ~ City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC COMMUNITY BUDGET ISSUE REQUESTS Draft application form - 2006 SESSION REQUESTER: Bill Bingham Organization: Boynton Beach Fire Rescue PROJECT TITLE: Increased hardening of proposed Emergency Operations Center from category 3 specifications to Category 5 level DATE SUBMITTED: 9/23/05 REQUEST MADE BY: (INCLUDE NAME, COMPANY NAME, ADDRESS, TELEPHONE, E-MAIL, AND FAX) Bill Bingham, Fire Chief Boynton Beach Fire Rescue Department City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 (561) 742-6331 (561) 742-6334 (fax) STATEWIDE INTEREST: RECIPIENT: City of Boynton Beach CONTACT: Bill Bingham, Fire Chief CONTACT PHONE: (561) 742-6331 CONTACT EMAIL: binghamb@ci.boynton-beach.fl.us COUNTIES AFFECTED: Palm Beach County GOVERNMENTAL ENTITY NAME: City of Boynton Beach PRIVATE ORGANIZATION NAME: nl a (PROFIT 1 NOT-FOR-PROFIT) PROJECT DESCRIPTION: As a component of our city's pubic safety capital improvement program, a dedicated EOC is planned for construction on the site of our new public safety campus (police/fire/communications/ITS). Current budgetary limitations have prohibited us from hardening this facility to withstand a hurricane with greater than a category 3 designation. Having witnessed the magnitude of destruction that a category 4 or 5 storm can do to the infrastructure of a municipal government, it is imperative that we harden this new structure to protect the integrity of our command and control. Our ability to maintain a fully functioning government in a post storm environment is critical to the safety, and wellbeing of any post storm recovery effort. The restoration of essential governmental services provides an indication of confidence to the public that their government is functioning properly. Is THIS A PROJECT RELATED TO 2004 OR 2005 HURRICANE DAMAGE? (YES 1 No) MEASURABLE OUTCOME ANTICIPATED: Having a fully hardened EOC to house essential governmental services during and after a major hurricane will provide continued command and control and government leadership necessary to respond to the immediate needs of the citizens. A true measure of success will be the city's ability to effectively direct post storm rescue efforts. AMOUNT REQUESTED FROM THE STATE FOR THIS PROJECT TillS YEAR: (Approx. 20% of building cost) $1,800,000 TOTAL COST OF THE PROJECT: $9,000,000 REQUEST HAS BEEN MADE TO FUND: (CONSTRUCTION OR OPERATIONS) ACQUISITION OF OPERATIONS EQUIPMENT - N / A WHAT TYPE OF MATCH EXISTS FOR TillS PROJECT? ? CASH AMOUNT: $9,000,000 IN-KIND AMOUNT:$100,000 WAS TillS PROJECT PREVIOUSLY FUNDED BY THE STATE? (YES OR No) Is FUTURE-YEAR FUNDING LIKELY TO BE REQUESTED? (YES OR No) AMOUNT: To FUND: (OPERATIONS OR CONSTRUCTION) WAS TillS PROJECT INCLUDED IN AN AGENCY'S BUDGET REQUEST? (YES OR No) WAS TillS PROJECT INCLUDED IN THE GOVERNOR'S RECOMMENDED BUDGET? (YES OR No) Is THERE A DOCUMENTED NEED FOR TillS PROJECT? YES Documentation: City of Boynton Beach Special Fire Assessment Ordinance (Fire Station construction to include new EOC facility) Is THIS A WATER PROJECT AS DESCRIBED IN SECTION 403.885, LAWS OF FLORIDA? (YES OR No) ~--~ Draft application form - 2006 SESSION REQUESTER: KURT BRESSNER ORGANIZATION: CITY OF BOYNTON BEACH PROJECT TITLE: BOUNDLESS PLAYGROUND DATE SUBMITTED: REQUEST MADE BY: KURT BRESSNER, CITY MANAGER CITY OF BOYNTON BEACH P.O. Box 310 BOYNTON BEACH, FLORIDA 33435 (561) 742-6019 VOICE (561) 742-6011 FAX BRESSNERK@CI.BOYNTON-BEACH.FL.US STATEWIDE INTEREST: THIs A STATEWIDE INITIATIVE. IT IS GOVERNOR BUSH'S GOAL TO HAVE FIFTY (50) BOUNDLESS PLAYGROUNDS THROUGHOUT THE STATE BY 2006. APPROXIMATELY 35,000 CIllLDREN WITH SPECIAL NEEDS LIVE IN PALM BEACH COUNTY. RECIPIENT: CITY OF BOYNTON BEACH MANAGER CONTACT: KURT BRESSNER, CITY CONTACT PHONE: 561-742-6019 CONTACT EMAIL: BRESSNERK.@CI.BOYNTON- BEACH.FL.US coUNfrns AFFECTED: PALM BEACH GOVERNMENTAL ENTITY NAME: CITY OF BOYNTON BEACH PRIVATE ORGANIZATION NAME: (pRom / NOT-FOR-PRom) PROJECT DESCRIPTION: BOUNDLESS PLAYGROUNDS AND PARKS ARE DESIGNED FOR CIllLDREN REGARDLESS OF ABILITY OR DISABILITY TO ENCOURAGE ENVIRONMENTS THAT ENSURE CIllLDREN WITH AND WITHOUT DISABILITIES CAN PLAY AND LEARN TOGETHER. THE PLAYGROUND WILL BE ONE ELEMENT IN A BARRIER FREE PARK THAT WILL ALSO INCLUDE A SENSORY GARDEN, INTERPRETIVE TRAlLS, AND A CLUBHOUSE FOR THERAPEUTIC RECREATION . ADDITIONALLY, ADULTS AND SENIORS WITH DISABILITIES WILL BE ABLE TO INTERACT AND ENJOY THE PARK AMENETIES WITH THEIR CIllLDREN AND GRANDCIllLDREN. Is TIllS A PROJECT RELATED TO 2004 OR 2005 HURRICANE DAMAGE? No (YES / No) MEASURABLE OUTCOME ANTICIPATED: To PLAN AND DEVELOP A BARRIER FREE PARK AND PLAYGROUND THAT WILL BE AVAILABLE FOR PUBLIC USE BY CIllLDREN AND ADULTS OF ALL LEVELS OF ABILITY, AND TO OFFER A WIDE VARIETY OF RECREATIONAL AND EDUCATIONAL PROGRAMS AND OPPORTUNITIES. TIns SITE WILL SERVE AS A VENUE FOR NON PROFIT GROUPS AND ORGANIZATIONS THAT SERVE THE NEEDS OF OUR SPECIAL POPULATION IN PALM BEACH COUNTY. AMOUNT REQUESTED FROM THE STATE FOR TIllS PROJECT TIllS YEAR: $1,000,000 TOTAL COST OF THE PROJECT: $4,200,000 REQUEST HAS BEEN MADE TO FUND: CONSTRUCTION (CONSTRUCTION OR OPERATIONS) WHAT TYPE OF MATCH EXISTS FOR TIllS PROJECT? CASH AMOUNT: $515,000 IN THE CITY'S CAPITAL IMPROVEMENTS FY 2005-06 BUDGET AND $1,000,000 IN THE 2006-07 BUDGET. THE CITY PLANS TO INITIATE ITS FUND RAISING EFFORTS IN 2005-06. IN-KIND AMOUNT: NOT LESS THAN $50,000 IN STAFF TIME WAS TIllS PROJECT PREVIOUSLY FUNDED BY THE STATE? No (YES OR No) Is FUTURE-YEAR FUNDING LIKELY TO BE REQUESTED? YES (YES OR No) AMOUNT: UNDETERMINED CONSTRUCTION) To FUND: CONSTRUCTION (OPERATIONS OR WAS TIllS PROJECT INCLUDED IN AN AGENCY'S BUDGET REQUEST? YES (YES OR No) WAS TIllS PROJECT INCLUDED IN THE GOVERNOR'S RECOMMENDED BUDGET? No (YES OR No) Is THERE A DOCUMENTED NEED FOR TIllS PROJECT? DOCUMENTATION: PALM BEACH COUNTY POPULATION IS OVER 1,000,000; OF THOSE, 35,000 CHILDREN HAVE SPECIAL NEEDS. THESE CHILDREN OFTEN DO NOT GET TO EXPERIENCE WHAT MOST OTHER CHILDREN TAKE FOR GRANTED. IN ALL BOUNDLESS PLAYGROUND PROJECTS, AT LEAST 70% OF THE PLAY ACTIVITIES CAN BE ENJOYED BY CHILDREN WITH PHYSICAL DISABILITIES TO BE SENSORY RICH SO CHILDREN WITH DEVELOPMENTAL AND SENSORY DISABILITIES CAN ACTIVELY, SAFELY AND INDEPENDENTLY P ARTICIP ATE WITH THEIR. PEERS WITHOUT DISABILITIES. EXPERTS IN PEDIATRICS AND EARLY CHILDHOOD EDUCATION NOTE THAT THROUGH PLAY, CHILDREN DEVELOP THEIR LANGUAGE SKILLS, DECISION MAKING ABILITIES, SOCIAL INTERACTION STRATEGIES, AND PHYSICAL, SENSORY AND COGNITIVE STRENGTHS. TIns PROJECT COMBINES RIGOROUS, CHALLENGING, DEVELOPMENTALLY ADVENTAGIOUS AND SENSORY -RICH ACTIVITIES WITH FULL INTEGRATION AND UNIVERSAL ABILITY TO ALLOW CHILDREN AND ADULTS OF ALL AGES AND ABILITIES TO LAUGH, PLAY, GROW AND LEARN TOGETHER; INCLUDING PEOPLE WITH AND WITHOUT PHYSICAL, SENSORY AND DEVELOPMENTAL DISABILITIES. Is TIllS A WATER PROJECT AS DESCRIBED IN SECTION 403.885, LAWS OF FLORIDA? No (YES OR NO) Project Title: Project Lead: Priority: Summary: Project Title: Project Lead: Priority: Summary: Project Title: Project Lead: Priority: Summary: Project Title: Project Lead: Priority: Summary: Phase: Department: Nautica Park Jody Rivers High 3.5 acres undeveloped neighborhood park site. Proposed program elements include benches, parking, paved walks, fencing, and fencing. Area includes retention pond area with education signage to attract waterfowl. Current plans are to work with the developer of an adjacent site for excavation of the retention basin. County funding for landscape and other amenities is being sought from County Commission funds. Fundinq Analysis Recreation and Parks Gateway IFederal Traffic Signal Upgrade Jeff Livergood High Upgrade of existing traffic signal and pedestrian crossing at this location due to adjacency of Intracoastal Park. Coordination with County and FEC RR needed to install pedestrian crossing and modify traffic signals. County funding being sought. Phase: Fundinq Analysis Department: Public Works Oceanfront Park Renovations Jody Rivers High 3 Lifeguard Towers, and Boardwalk Design /Replacement and temporary/removable Handicap Decking. This will either be state or county funding. Phase: Department: Proiect Definition Recreation and Parks Phase: Department: Ouantum District Park Jody Rivers High Undeveloped district park site also known as Optimist Park (approx 15 acres). A residential project is planned to be constructed on the adjacent site. Planned facilities may include a regulation baseball field, soccer/football/softball fields, outdoor basketball courts, bocce court, picnic tables, pavilions, health trail, horseshoe pits, activity building, restroom /concession, maintenance building, landscaping &irrigation, sand volleyball court, and children's playground. A skatepark may be substituted for the activity center, volleyball or basketball courts. possible funding may be available through the Florida Recreation Development Assistance Program (FRDAP). - State of Florida Funding Proiect Definition Recreation and Parks '0r 6\~:-'C::"',\ , I "'\ JI' 0:\ iCJ ).., /.'" ,-y;:ON<'?V IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 2, 2005 July 18,2005 (Noon,) 0 October 5, 2005 September 19,2005 (Noon) 0 August 16, 2005 August 1,2005 (Noon) ~ October 18, 2005 October 3, 2005 (Noon) 0 September 6. 2005 August 15,2005 (Noon) 0 November 1,2005 October 17,2005 (Noon) 0 September 20, 2005 September 6,2005 (Noon) 0 November 15,2005 October 31, 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 of City Manager completion of City Commission approved objectives. Essentially, this is the work agenda for the City Manager over and above the normal executive, administrative and legal responsibilities of the position (budgeting, managing the day to day activities of the City, representing the City at intergovernmental functions or activities, etc.) EXPLANATION: On May 3,2005 the City Commission approved a list of32 objectives for the City Manager to work on in 2004-2005. The objectives were based, in part on the City Commission's strategic initiatives list approved in 2004. Therefore many of the objectives were known in mid-2004 even though the final project list was not approved unil June 3, 2005, PROGRAM IMPACT: The objectives represent major work by the City staff in a wide variety of program areas. FISCAL IMP ACT: This is an informational report on results achieved for the 32 objectives. This is an informational report on results achieved for the 32 objectives. D H d' S. ~C' M~S'- epartment ea s tgnature Ity anager signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC City Manager Response to City Commission Objectives Kurt Bressner City Manager City of Boynton Beach, Florida October 2005 The following is a summary of the projects assigned to the City Manager by the City Commission in May 2005. (Exhibit A) The majority ofthese are long-term and multi- year efforts stemming from the City Commission's 2004 Strategic Initiatives Retreat. These activities supplement the normal executive, administrative and legal responsibilities of the position (budgeting, managing the day-to-day activities of the City, representing the City at intergovernmental functions or activities, etc.) The 32 objectives presented below are listed in order of priority based on City Commission evaluation. 1. Finalize long-term water needs and water delivery analysis. Prepare plan for wastewater reclamation use. Prepare decision tree for west water plant expansion options and timetable for it. (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 19.) - From City Commission (Score 3.0 = High Priority) Status October 2005: The City Utility Department has narrowed options for long-range water plans to include cost analysis of expansion of West Water Plant vs. continued purchase of water from Palm Beach County. In addition, the report will include a review of five options: 1. West Plant Expansion 2. Purchase of Water from Palm Beach County 3. East Plant Expansion via deep well program 4. Desalinization Options 5. Smaller water treatment plants These five options were subjected to the Business Case Evaluation process from an original fourteen (14) alternatives. Based on City Commission direction at the CIP Workshop in August 2005, staff is also reviewing population projections in the entire Boynton Beach Utility Service Area. To date, staff has been using the population projections from the University of Florida. Historically, these have been found to be high. The goal of the population study is to make sure that the City does not overbuild water utility projects or construct them prematurely. The final report is expected in late November or early December 2005. Also, related to the use of recycled water, the staff has worked on an alternative alignment ofa water reuse line from Congress Avenue to Federal Highway to take in a number of multi-family developments using potable water for landscape irrigation. The alignment also allows access of recycled water to the new developments in the CBD area. 1 Finally, this alignment also provides a jumping off point for the barrier island, which is totally dependent on potable water for landscape irrigation. 2. Develop fiscally sound budgets and capital project plans. Make sure that capital equipment items that are operational (recurring) are handled in operational budget. - From City Commission (Score 2.8 = High Priority) Status October 2005: the Commission has adopted The 2005-06 Budget and Five Year Plan. O&M costs for capital projects have been worked into the operating budget. For Utility projects, the staff has developed and is using the Business Case Evaluation tool, as noted above, to set priorities for capital projects and identify operating costs. Repair and replacement funds are being set up for smaller capital items such as playground equipment. 3. Finish ramp-up of police staffing per authorized budget levels. - From City Commission (Score 2.6 = High Priority) Status October 2005: The second year of additional police personnel has been included in the 2005-06 Budget. In 2004-5, the City has added 6 police officers and the CRA has added 4 police officers. In 2005-06, the City will add 10 police officers. As ofthe week ending October ih, the City has filled all positions except the five authorized by the 2005-06 Budget. In the past week, the City has processed appointments for 15 new police officers, five of which are fully certified. The City anticipates offering the five remaining positions next week, which means we will be fully staffed. As a practical matter, however, a number of the new employees will require training at the police academy and full service capability is expected for these ten probationary officers is expected by February 2006. 4. Revamp staff problem solving skills to create a "can-do" attitude and a willingness to change processes. - From City Commission (Score 2.4 = Medium Priority) Status October 2005: This is a long-term project that involves teaching and encouragement of staff to use the City's core values of: diversity, integrity, stewardship and creativity. Periodically, members of the City Commission and citizens have noted the accomplishments or positive actions of City staff at meetings. Of particular note is the improvement in the work productivity and attitude of the Police Department under new leadership. This is an ongoing effort to build capacity in the City staff. 5. Finalize plans for Town Square area including space needs, resolve Old High School Site Issue. (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 17.) - From City Commission (Score 2.2 = Medium Priority) Status October 2005: the City Commission approved The Town Square Plan in January 2005. The agreement with the CRA on the use of the Old High School was approved on October 5,2005 with the next step being alternative uses in the building. 2 6. Finalize Plans for Fire Department/Communications/Police (public Safety) Facility at Gateway and High Ridge. - From City Commission (Score 2.2 = Medium Priority) Status October 2005: The campus plan has been completed for the buildings. Design work for the Fire Station and Communications/ITS facility is underway. Per the approved five-year capital improvement plan, construction is scheduled to start late 2006. It is recommended that this facility be expedited to provide for a better hurricane protected City facility. We have learned from the storms of 2004 in Boynton Beach and the 2005 storm events elsewhere that lack of a municipal operating center may be detrimental to the ability of the City to maintain City services in case of a Category 4 or Category 5 storm. Staff is preparing an expedited program proposal with funding recommendations. 7. Prepare suggestions for alternative revenue sources. (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 8.) - From City Commission (Score 2.2 = Medium Priority) Status October 2005: The revenue enhancement review in conjunction with the Florida Municipal League was postponed due to hospitalization of City Manager and Assistant City Manager in early 2005. We attempted to schedule for early summer, but the FLC could not commit to date. Per the Florida League of Cities, the revenue enhancement program has now resumed. Regretfully, my illness forced the City to miss the early spring 2005 window. We will have the session this fall based on the following e-mail received from FLC: September 13, 2005 Revenue Enhancement Training My busy time of the year is finally over. My schedule from now to the end of the year is pretty open, so if you would like to find times for your city's Revenue Enhancement Training to take place, please give me a call at your convenience. There are several of you that wanted me to come down, but due to schedules and budgets, it didn't work out. Ken Small 8. Evaluate Long-Term City Pension Costs. (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 8.) - From City Commission (Score 2.2 = Medium Priority) Status October 2005: The City retained the Segal Company as pension consultant in June 2005. The consultant's report on the three pension funds is expected in October or November 2005. The objective is to evaluate the City's three pension funds and determine if structural changes are warranted in the scope of benefits or the method of payment. 3 9. Complete Wilson Center Plans and Start Construction. - From City Commission (Score 2.2 = Medium Priority) Status October 2005: The City Commission reviewed options for the pool area at the two budget workshops. Based on information provided by the consultant, it is more cost- effective to replace the pool. On October 5, 2005, the City Commission gave final go ahead on the Wilson Center Complex project. Staff will now proceed with final design and bidding. We were fortunate that a leak was found in the existing pool in early summer 2005. This prompted are-review of the project scope leading to the decision to replace the pool. As City Manager, I urged the Commission to take this cautious approach earlier this summer. I think the results will be a better project for the community. 10. Develop affordable housing strategies for the City in cooperation with CRA and other agencies. -- From City Manager (Score 2.2 = Medium Priority) Status October 2005: The City staff and CRA have developed strategies for affordable housing. The initial presentation was made to the Commission and CRA on July 18, 2005. A follow-up report will be presented to the City Commission and CRA on October 24,2005. This is a very difficult issue that will require consideration of multiple strategies and alliances with different public and private agencies. There is no one answer to this program. The City and the CRA are on the right track, I believe with the formulation of an innovative land trust approach. 11. Finalize Congress Avenue Corridor Review. (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 15.) -- From 2004 Strategic Plan (Score 2.2 = Medium Priority) Status October 2005: This project has been replaced by the M-l study authorized by the City Commission in May 2005. The consultant has finished a draft report that was distributed to the City Commission in early October. The time line for final review needs to be established. 12. Remodel or replace Boynton Terrace. - From City Commission (Score 2.0 = Medium Priority) Status October 2005: The entire complex was safely evacuated and demolished in early 2005. Staff is currently reviewing a development plan for adherence to the Heart of Boynton Plan. Staff performed a series of miracles to get the entire complex evacuated, residents relocated and the premises demolished all in a span of four months. The press coverage of the project underscored the City's sensitivity to the needs of the residents. Staff is now reviewing a redevelopment plan of townhouses for the property. 13. Finish Fire Station #4. - From City Commission (Score 2.0 = Medium Priority) Status October 2005: The station was put into service in August 2005. 4 14. Reduce City Tax Rate to 7.4%. - From City Commission (Score 2.0 = l'v1edium Priority) Status October 2005: Per the 4-1 approval ofthe 2005-06 Budget by the Commission, the tax rate stayed at 7.5% owing to the addition of staff and other immediate needs. 15. Continue to push for Boynton Inlet modernization project. (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 22.) - From City Commission (Score 2.0 = Medium Priority) Status October 2005: The City achieved $160,000 funding for this project through a special appropriation via the South Florida Water Management District. This was due to effective lobby efforts by the City and its representatives in Tallahassee. An inter- governmental steering committee is being established to help define and guide the feasibility study. The first meeting of the steering committee is expected late October. There is representation from: City of Boynton Beach Town of Lantana TO\VTI of Hypoluxo T own of Ocean Ridge Town of Manalapan Palm Beach County Lake Worth Lagoon Inlet Committee South Florida Water Management District Marine Industries 16. Change allocation procedure to allow for more realistic developer contribution of land for greenways/recreation, including annual update procedure. - From City Commission (Score 2,0 = Medium Priority) Status October 2005: Draft language for an amendment to the code has been prepared by staff and is being reviewed. This item is on the City Commission's agenda for November 2005. 17. Implement Heart of Boynton. (Source: 2004 City Commission Strategic Plan, June 29,2004 Implementation Document, page 13.) - From City Commission (Score 2.0 = Medium Priority) Status October 2005: Special staff team established to help guide implementation of HOB plan. This resulted in recommended changes to the HOB plan presented to the City Commission and CRA on July 18,2005. The changes included recommendations on defining mixed-use categories, a moratorium on C-2 activity west of Seacrest, and re- affirmation of the core HOB area along Martin Luther King Boulevard. An interlocal agreement for property acquisition by the City and the CRA was tabled by the City 5 Commission in July 2005. This matter is back on the City Commission's agenda on October 18, 2005. Presently, the City Commission and the CRA is addressing an alternate proposal by a private developer for a different implementation process that would designate this developer as the developer of choice. The staff role in this is to evaluate a possible change to the scope and density ofthe Heart of Boynton Plan along Martin Luther King Boulevard between Seacrest and Federal Highway. 18. City Manager to maintain City Manager ICMA Credentialed status through at least 40 hours a year training and education per ICMA guidelines. - From City Manager (Score 2.0 = Medium Priority) Status October 2005: Completed, City Manager received renewal of credential status in January 2005. This is an annual process. 19. Have Fire Station #2 underway. - From City Commission (Score 1.8 = Medium Priority) Status October 2005: Construction started June 2005 and the completion date is expected to be May 2006. 20. Continue liaison function with CRA and other developers with particular emphasis on infrastructure improvements. - From City Commission (Score 1.8 = Medium Priority) Status October 2005: The City staff has worked with the CRA staff and developers to assure appropriately sized and timed facilities for improvements, especially in the CBD area. One priority area is the sizing and upgrade of master lift station 356 in the CBD area. 21. Finalize Boynton Beach Blvd. Corridor Review. (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 14.) -- From 2004 Strategic Plan (Score 1.8 = Medium Priority) Status October 2005: Modifications to the earlier corridor study were prepared and presented to the City Commission on July 18,2005. This plan re-work involves substantive land use change recommendations that will need detailed review by the CRA and the City Commission. Target is late 2005. 22. Update Federal Highway Corridor Plan (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 15.) -- From 2004 Strategic Plan (Score 1.8 = Medium Priority) Status October 2005: Modifications to the earlier corridor study were prepared and presented to the City Commission on July 18,2005. This plan re-work involves substantive land use change recommendations that will need detailed review by the CRA and the City Commission. In addition, the CRA has recently completed work on a draft 6 2030 plan that will be presented to the CRA Board and the City Commission. Target is late 2005. 23. Review Five Year Capital Planning of Schools and Evaluate Congruence with City growth trends or projections. (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 17.) -- From 2004 Strategic Plan (Score 1.8 = Medium Priority) Status October 2005: A special staffteam is working directly with the School Board staff on the reconstruction of Congress Middle School. The population study produced in Objective # 1 will have projections with age data that will be very helpful for school and parks planning work. 24. Initiate closer City liaison with schools. (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 18.) -- From 2004 Strategic Plan (Score 1.8 = Medium Priority) Status October 2005: The Educational Advisory Board has taken the lead with a Principal's Round-Table. The City Manager is directly involved in the effort to provide closer and more frequent interaction with schools in the City limits. 25. Public Safety Services Analysis. (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 18.) -- From 2004 Strategic Plan (Score 1.8 = Medium Priority) Status October 2005: The City Commission approved an external management review of the Police Department at the meeting of October 5, 2005. This followed an extensive review of issues and concerns by staff. This will guide the work of the consultant. We expect the study to be competed in early 2006. There has been a substantial improvement in departmental productivity and responsiveness due to a change in command. Following a series of issues, I replaced the Police Chief in July 2005 and appointed Matt Immler as Police Chief in August 2005. 26. Cycle of Service Levels- East/West. (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 21.) -- From 2004 Strategic Plan (Score 1,8 = Medium Priority) Status October 2005: Due to the press of other projects and events, there was no activity on this objective. 27. Proceed with annexation review process. (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 21.) -- From 2004 Strategic Plan (Score 1.6 = Medium Priority) Status October 2005: Staff prepared a detailed annexation enclave report and presented the document to the City Commission in June. A staff team has been convened following 7 the City Commission's authorization to proceed. Work to date includes assembly of the water agreements, review of the enclaves with County staff to determine which of these can move forward for annexation. Of the 19 enclaves, a total of 8 are deemed appropriate for annexation from the County's perspective. This was based on meetings the City staff has had with County staff. In addition to the enclave analysis, staff is reviewing the location of the water annexation agreements. There are approximately 400 active water service agreements that staff is reviewing for contiguity and service capability. The next step is for staff to present a follow-up report on recommended annexations. This is expected in December 2005 or January 2006. 28. Conduct Woolbright Corridor Review. (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 16.) -- From 2004 Strategic Plan (Score 1,6 = .Medium Priority) Status October 2005: Preliminary ideas for the Woolbright corridor between 1-95 and the Intracoastal were prepared and presented to the City Commission on July 18, 2005. This plan re-work involves substantive land use change recommendations that will need detailed review by the CRA and the City Commission. Target is late 2005. 29. Resolve Woman's Club partnership deal. - From City Commission (Score 1.4 = Low Priority) Status October 2005: This has been resolved based on final discussions with the Woman's Club. The Woman's Club has opted out ofa lease arrangement with the City. 30. Finalize refuse collection rates in 5 enclaves through introduction of toter program. - From City Commission (Score 1.4 = Low Priority) Status October 2005: While final discussion with the Commission is pending on this item, staff has concluded that in some areas (Leisureville and HighPoint) implementation of the toter system will be extremely difficult and could present difficulties for the homeowners. The staff will concentrate on those developments such as Nautica that could implement the program without hardship. The Commission adopted the ordinance on September 20' 2005 rescinding the rate hike to non-toter accounts in deference to these homeowner associations. 31. Develop Economic Development Program. (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 8.) -- From 2004 Strategic Plan (Score 1.4 = Low Priority) Status October 2005: No activity on this project due to other priorities. The staffhas worked with the Palm Beach County Business Development Board on specific business attraction efforts by working with the Board on finding suitable office or industrial space options for prospective companies. 8 32. Modify Neighborhood Services Program to focus on community capacity building. (Source: 2004 City Commission Strategic Plan, June 29, 2004 Implementation Document, page 7.) -- From 2004 Strategic Plan (Score 1.2 = Low Priority) Status October 2005: The position of Neighborhood Services Director is currently vacant. The program is being analyzed by staff for modifications and improvements. Other Major Activities or Issues Legislative Review and Analysis: In 2005, the City Manager's office established a tighter legislative tracking program working with both the City's state and federal lobbyists. The City provided expert testimony to the Florida League of Cities on a proposed change to solid waste regulations that had a negative impact on the City's construction debris removal program. In addition, the staff provided information to our legislative delegation on telecommunications statute changes that would have been detrimental to the City's effort to provide no-cost wireless service to the community. Staffing Changes in Three Departments: New department heads were appointed in the Police Department, Human Resources Department and Utilities Department. Each of the new department heads is making very positive changes in the operations of their departments. As City Manager, I took care of a situation in need of change in the Police Department. In addition, structurally, the Human Resources Department now reports directly to the City Manager. The second Assistant City Manager position was vacated this year and is not being replaced. Instead, the old position of Assistant to the City Manager is being brought back to provide project and research assistance to the City Manager and City Commission. Grants Activity Continues to Increase: This year, the City presented our interdepartmental grants program at a national conference sponsored by the Innovation Groups. The City staff has developed the capacity to evaluate the cost/benefit of grants and whether the "red tape" is worth the funding opportunities. The City staff has joined with eCivis to serve as a "beta site" for a new software product designed to assist agencies in grants management activities. This allowed the City to help design the software and receive the use of the product at well below market cost. The partnership was featured last month at the national City Manager's conference. As City Manager, I view and important part of my job to enable staff to innovate and experiment with new ideas. This keeps creativity flowing and staff challenged to continually improve. The work if the grants team is an example of this approach. In the past two years, the grants team has applied for $13.9M in grants and have received approval for $6.7M in funding. The required local match for the funding received was $2.6M or 29% local match. Budget and Audit Awards Received: The City has received recognition for our annual finance report and our budget document from the Government Finance Officers Association. This is an annual competitive review. In addition, the City received an excellent review on the audit report this past year. 9 Completion of P BA and IAFF Labor Contracts: The PBA contract went to impasse procedure. However, I was directly involved in very extensive work on a resolution to the impasse that resulted in a three-year contract. The IAFF agreement was ratified in prior to its expiration. Hopefully, we sill have the same result with the Blue-Collar NCF&O contract. Hurricane Response Plan: The staffhas completed the response to the twelve-point update to our plan. A copy ofthe summary findings is attached as Exhibit B. This is very good work by staff. Palm Beach County Fire-Rescue Level of Service Committee - I continue to serve as Vice-Chair of the Level of Service Committee. This committee is responsible for developing a common level of service for fire and emergency medical services throughout Palm Beach County by 2007. In addition, I serve as chair of the Communications Sub-Committee, which is responsible for the actual design and implementation of the networked or common dispatch system, traffic signal pre-emption and assuring that fire-rescue agencies meet the response time criteria set by the larger Level of Service Committee. Board of Directors Innovation Groups - I continue to serve on the Board of Directors for this non-profit research and development corporation that assists cities and counties nationwide. My term is up in June 2006 and I have served two three-year terms. Given the press of activities in Boynton Beach, I have advised the Board of my intent to not continue service on the Board of Directors after my term is up. Absence of City Manager and Assistant City Manager: In early 2005, both Wilfred Hawkins and I were out due to major medical issues. I was out for seven weeks and Wilfred was out for sixteen weeks. During this time, the work of the staff continued with the assistance of the department heads, support staff from the City Manager's office and the direct assistance of Fire Chief William Bingham as administrative officer in charge. This was a test for the organization and work on projects continued with excellent performance by staff. I am grateful to the staff, Commission and community for the support shown to me during these difficult times. KB: 10/02/05, 10/08/05 10 IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FO~l Requested City Commission Date Final Form Must be Turned Requestcd City Commission Date Final Fonn Must be Turned Meetinll Dales in 10 City Clerk's Office Meetinll Dales in 10 City CleriCs Office 0 April .5, 2005 Man:h 14, 2005 (Noon,) 0 June 7, 2005 May 16,2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon) 18I May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17.2005 May 2, 2005 (Noon) 0 July 19,2005 July 5,2005 (NOOD) 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 18I City Manager's Report RECOMMENDATION: Report on City Commission Project Priorities EXPLANATION: As a follow-up to the 2004 Sl1ategic Plan and the 2004-05 Budget a listing of 32 project objectives was prepared by the City Manager. These objectives will fonn the basis of the City Manager's 2005 perfonnance evaluation in October 2005. Of the 32 objectives. 17 are directly attributed to the 2004 Strategic Plan. The remainder are newer objectives developed by either the City Commission (15) or the City Manager (2). Following preparation of the objectives each member of the City Commission ranked the objectives based on the following scale: J=High Importance; 2=Medium Importance; I=Low Importance; and O=No Importance. Attached as to this sheet is the result of the scoring ranking the 32 objectives from most important (Lone-Term Water Needs and Water DeliveJY Options) to the least important (ModifY Neighborhood Services Program to focus on community capacity building.) PROGRAM IMPACT: Each of the objectives represent a significant investment in staff resources to accomplish. Therefore. the priority ranking of the objectives is a helpful method of detennining which activities are most important to the City Commission. However. one objective: "&vamp staffprob/em solving ski/Is to create a 'can-do' attitude and a willingness to change. "requires clarification from Commission, as the results of such an objective may be subjective. FISCAL IMPACT: The exact cost of the objectives will need to be calculated once the City Commission approves the fmal priority and list Staff will develop a template for each of the selected objectives. It should be noted that work: hu been progressing on the following objectives: 1,3.5,6,8,9,10.12,13,15, J7, 18, 19.20 and 27. (IS of the 32 objectives) This work was started before the Commission completed their ranking of the objectives. 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J!I .. 8 ~ I ~ ! fi u b BOYNTON BEACH FIRE RESCUE DEPARTMENT TO: FROM: Mr. Kurt Bressner, City Manager -<' / William L. Bingham, Fire Chief ~~ Follow-up to Hurricane After-Action Report Addressing Twelve (12) Priority Concerns SUBJ: Date: September 12, 2005 Subsequent to a Hurricane Report that you provided to the City Commission on January 24, 2005, you issued a list of recommendations to CML T members on March 31, 2005. This was developed as a result of our 2004 Hurricane Season After-Action Report as presented to the City Commission on March 15, 2005. The following report discusses each of your twelve priority items (bold) in detail. As you know, I enlisted the help of all CML T members and others to assist in the gathering of information for this document. Each of your twelve priority items is included, followed by a detailed response (italics). 1. Pay policies for hurricane emergencies - The City was forced to rely on several collective bargaining agreements (CBA's) and the Personnel Policy Manual (PPM) to craft a pay determination for staff. It is recommended that the City Commission adopt an emergency pay policy to be put in place upon declaration of an emergency by the City Commission. Such an ordinance could supercede the CBA's and the PPM. ITEM 1 PA Y POLICY IN THE EVENT OF A DECLARED EMERGENCY This issue was resolved in August 2005 with approval of a comprehensive pay policy for all city employees (Attached). In accordance with this plan, the Payroll Department has developed new payroll codes. Some unexpected issues have developed post-implementation that will need to be addressed after the 2005 hurricane season to ensure a smoother utilization of the plan and to address variables in shifts of certain departments. The City has implemented the necessary documents to clearly identify the role of all employees, regardless of their status, to be eligible for reimbursement for salary expenses during a declared emergency, in accordance to FEMA policy. RE-('f.Il/f-"'D I ~ -- '.J ,.~. V p_ t. r------~ I I SEP 1 9 2005 I I I J" j I ' I ,I {~lrV PoJtr,llln:,-O'<! or,C!0'-,- ! I.., I 11.1,\".: ':""',..i, ".1 !j l ,'uL; -----I 2. Develop a more refined public information program involving the Mayor. We learned from the first storm that residents wanted to hear from the Mayor and took steps to include him in public affairs announcement on our AM Radio Station. By the second storm, the Mayor was actively involved in the public information program including national exposure on a news network show. Research of emergency operations plans from other organizations reveals that other jurisdictions also do not have defined roles and responsibilities for the Mayor and other elected officials in a declared emergency situation. The City developed a series of recovery newsletters that contained crucial information. These were hand- delivered by staff and volunteers to churches and stores as well as "pushed" electronically to Chamber of Commerce members. ITEM 2 PUBLIC INFORMA nON AND MA YOR IN VOL VEMENT Following the extraordinary hurricane season of 2004, each member of the City Commission, Mayor Taylor, the City Manager and all emergency responders gained many new insights into not only the City Of Boynton Beach Emergency/Disaster Response Plan, but also the common concerns and incredible tenacity of the city's residents in the face of one devastating crisis after another. What follows is a series of recommendations with regard to the public's access to Mayor Taylor and our other elected city officials: . As was done (and we believe it to have been extremely effective), the publication of a daily information newsletter proved to be our most reliable outlet for up-to-date briefings to both residents and city employees. This reliability was due to the fact that the city was in complete control of content and distribution vs. the proven unreliability of all other media to accurately report the information we supplied to them. Recommendation: Prepare and publish a daily statement from Mayor Taylor (and/or other elected officials) with the newsletter and deploy pre- established distribution channels (i.e. C.O.P.S. or C.E.R. T. teams, Lowe's, Home Depot, Publix, shelters, etc.). . The well-known phrase, "seeing is believing" has served as the backbone of political discourse since the birth of the democratic process with incumbent officials and their opponents calling one another out to "walk the walk" and perform as promised. If residents want to know where Mayor Taylor and their elected officials are, what they are really asking for is comfort in knowing that they are not alone-that these officials care about them and are working hard to improve the conditions. Let them be seen. 2 Recommendation: Be it a given that storm conditions have passed and PD safety checks have cleared the way, bring Mayor Taylor and/or the Vice-Mayor and other district commissioners out into the neighborhoods for an "impromptu" meet and greet with residents. This can be efficiently accomplished at any grocery store, gas station or other area that people will quickly descend upon following the storm. A quick 5-minute visit from a local official will serve to reassure those who need reassurance while also offering a concentrated outlet for newsletters to be distributed to those who simply want information. With a Public Information Officer (PIO) present to handle all aggressive concerns, the Mayor can concentrate on his talking points and then leave. (Residents will also tell their neighbors and friends that they saw the Mayor, giving us a 2-or-3-to- 1 branding impression!) . One thing we learned in the second storm was that the mass media are difficult to convince, as we saw with the boil-water fiasco. When a former staff member insisted on putting out a mixed message that was, in fact, confusing to the newsrooms (thus causing them to have to cover themselves on the safe side by telling residents to boil their water anyway), repeated efforts by us all to get them to report accurately seemed to fall on deaf ears. It wasn't until we started offering the Mayor for "official" interviews that he, himself, was able to control that message. Recommendation: Beginning at the earliest stages of an impending storm, possibly even before we engage the Emergency Ops Plan, make Mayor Taylor available to the mass media by soliciting them for interviews. By putting Mayor Taylor in front of them early, we stand a greater chance of building a more effective relationship before things really heat up in the newsroom. If a clear and reliable channel of communication is already open, news directors are more likely to take that easier road in the midst of newsroom chaos than they are of trying to establish new channels, which can be very frustrating to them once the crisis escalates-this helps us to become the "go to" city in Palm Beach County. (Almost a year later, we now have a combined list of very strong news media contacts that will make this much easier and less frustrating for everyone.) . While a lot of time was spent before, during and after the storms keeping 1670AM up to date and accurate, it is our best professional opinion that everyone's time is much better spent working with real media outlets. The actual reach (versus the perceived impact) of this "signal" is negligible, especially as it tends to fluctuate between 2-3 watts to avoid breaching its 5-watt maximum. Real people will be listening to "Real Radio" or something similar. There are so many other more worthwhile and professional broadcast quality sources for information that the public will be utilizing, so to spend anything more than a bare minimum amount of 3 time playing with this anemic system would be an inefficient waste of valuable time and human resources. Recommendation: Budget the necessary funding to upgrade the power. While this may bring with it some minor FCC issues, we believe that any obstacle will be well worth the effort of overcoming from a "Return of Investment" standpoint and will make this one of the most powerful tools in the city's public service arsenal. However, at this time, we must recommend simply having Mayor Taylor record the three "Hurricane Statements" for airing throughout the progression of the storm, then, leave it alone. Boynton Beach residents anywhere outside of our immediate city block will not be able to hear any daily updates on where to go or what to do next or when to come to work. Concentrate our resources on newsletter distribution, real media and in-house phone system updates (provided a new phone system is in place that will provide enough recordable space). . As with any disaster, be it a natural or man-made event, change will rule the day. It will be our ability to adapt, improvise and overcome that will have the most valuable effect. Flexibility and patience with those who don't share, or are not privy to, our own objectives will be essential. While we have our own message to deliver, in the mass media arena those hardest hit will be where the focus lies. Our boil water status paled in comparison to the utter destruction we saw in Charlotte and St. Lucie counties. However, by making the mayor and other elected officials available as much as humanly possible (and in close proximity to a Pia), we will be able to provide a level of customer service and information to our residents that should allay their fears, address their frustrations and move our city forward in the recovery effort. Unfortunately, there will always be some who simply feel the need to vent their personal disturbances in the general direction of others, especially toward their elected officials. It will be for these people that we will give our level best to super-serve the community, to keep them informed any way we can, given the circumstances of the hour at hand. While not every complaint is legitimate, it is worthy of a response. Communication is incumbent upon the messenger, and therefore, up to us-the Mayor, the City Manager, the Commissioners, our employees in every department, PO and Fire Rescue-to lead even the most difficult followers. We will do so by providing them with every piece of necessary information they need to feel safe, secure and satisfied that we have, and will continue to perform at the level of excellence that they have come to expect from us and that we expect from ourselves. Science has proven that in the absence of information, the human mind will, itself, fill in the blanks--often leading to inaccurate, even irrational 4 conclusions. The importance of the PIO position, in conjunction with the real, or merely perceived, presence of the elected officials cannot be overstated in any crisis. 3. Examine the City Code and determine if retrofitting of City facilities is warranted for strengthening these facilities for storms. I recommend a case-by-case review as some of the facilities are lower priority buildings that cannot be retrofitted in a cost effective manner. I am pleased to note that our new fire stations and Library are being built to comply with the more restrictive Miami-Dade code for roof construction. ITEM 3 ANAL YSIS OF RETROFITTING CITY FACILITIES City staff has taken a number of steps to retrofit existing City buildings. Staff has purchased aluminum storm shutters for the second floor of the Children's Museum. New shutter hardware has been purchased to supplement all shutter installations as well as to provide a backup material inventory. Staff has identified a potential funding grant to place storm window protection on the remainder of the City Hall complex, however this work is costly and is not budgeted so the work will not proceed until the grant is approved. Lastly, to ensure correct storm shutter installation and to ensure that all hardware is available, staff has inventoried all materials and conducted a trial installation of most storm shutters. Further retrofitting of existing facilities, if desirable and cost effective, will require significantly more financial resources and will be considered in the CIP planning process. It is apparent that, in the view of the Development Department, a proper analysis of retrofitting city facilities would require an extensive study by professional engineers to assess the structural integrity of each facility and their ability to meet a specific standard (for example, to withstand a direct hit from a Category 3 or 4 hurricane). Once again, the City would have to budget for these required improvements and upgrades in it's Capital Improvement Program (CIP). 4. Re-evaluate the food service provisions for staff required to be on duty. Our current policy of providing just the basics in food (canned goods, etc.) is not adequate. Staff should develop steps to convert one of our facilities into a commissary with adequate provisions for food service. We were fortunate to have been able to supplement our food provisions with donations from stores and restaurants, however, the basic food service was lacking. In addition, having one or more commissaries will give the crews from different departments an opportunity to better interact. 5 ITEM 4 EVALUATE FOOD SERVICE PROVISIONS HURRICANE FOOD PROVISIONS The following policy is now in effect and, to a small degree, was "field-tested" during our slight brush with Katrina in 2005: During the first 72 hours following police/fire lockdown, employees will be responsible for their own provisions. MRE's and bottled water will be available at all City facilities for those employees unable to provide their own provisions. After the initial 72-hour period has passed, the City Manager will determine if the need exists for the City to provide food provisions to City employees in the field performing emergency hurricane cleanup. If so, the City will utilize a pre- arranged contract with a catering company(s) to provide all food provisions. An annual retainer fee ($500-$1,000) will be paid to guarantee service when needed. Sonnie's Barbeque, which has various locations within 30-50 mile radius, has been contacted as is on-board with this contingency plan. The Boynton Beach Civic Center will be used as commissary, and. "Level C" city employees will be assigned to staff the Civic Center and provide assistance to the catering company as needed. No other food purchases will be allowed or reimbursed by the City. If purchases are made at the departmental level, that department will be personally responsible for those purchases. 5. Standby fuel before and after the storm event is a critical need. Most departments took the necessary steps before the storm to see to it that standby fuel was arranged and that tanks were full. I recommend that the Public Works Department through fleet maintenance be given the responsibility to verify fuel reserves and to coordinate and direct post-storm fuel delivery. ITEM 5 STANDBY FUEL PROVISIONS Fuel delivery problems developed preceding and following the hurricanes of 2004, especially in regard to hurricane Frances. Several departments throughout the city requested emergency deliveries to fill existing tanks at water treatment plants, pumping stations and remote facilities. Not all of these requests were honored before the storm, thereby limiting generator run time at those facilities. To partially address this issue, the Public Works fleet maintenance division has been charged with centralized ordering and distribution of diesel fuel. This will greatly simplify the communications between the City and various vendors, creating one point of contact and distribution. However, others issues remain in the area of fuel distribution to the Departments various water treatment plants, ground storage facilities, wellfields, master lift stations and portable generators. 6 An inventory of the fuel storage at the Department's major facilities with installed emergency generator power is as follows: Facilitv East Water Treatment Plant West Water Treatment Plant East Wellfield (ballfield only) 3-MG storage tank - Miner Road 1-MG storage tank -Woolbright Rd. LS # 356 LS # 316 LS # 317 LS # 319 LS # 309 LS # 801 Storaqe Volume (qal.J 2,180 5,914 1,000 1,000 500 1,000 800 800 800 644 525 Estim Run Time 36 hours 98 hours 100 hours 66 hours 50 hours 76 hours 66 hours 66 hours 66 hours 49 hours 52 hours To facilitate fuel storage and delivery to its smaller generators, the Utilities Department has installed an additional 2,000 gallon double-walled tank at its master lift station #316, located on Golf Road, and also outfitted two of its pickup trucks with 88 gallon holding tanks for the purpose of delivering diesel fuel to remote locations. These pickup mounted tanks proved very beneficial for refueling portable generators during the last hurricane season, and were also pressed into service to deliver fuel to some of our larger facilities when the expected tanker truck deliveries did not materialize. Their small (88-gallon) capacity, however, limits their functionality and requires significant round trips to and from the storage tank facilities at LS #316 or Public Works. Plus, dedicating the pickup trucks for fuel delivery prevents the vehicles and their personnel from performing mechanical or maintenance work. However, the Department has 3 pickup trucks that could be retrofitted with 88-gallon tanks and dispensers. The cost for 3 additional tanks, if deemed desirable, would be approximately $2,600 plus installation charges. One alternative worthy of consideration to address this issue on a citywide basis would be the purchase of a larger vehicle with a fuel storage tank installed. This vehicle would be capable of refueling several of the smaller installed or portable generators without a return trip to the storage facility, and could be operated by one person from the fleet maintenance staff. To this end, Staff developed, and had approved, a new APM (08-01-08 - Emergency Generator and Vehicle Fueling) regarding emergency fuel procedures. This procedure requires that the Fleet Administrator coordinate all fuel needs citywide. Utilities personnel will be working with Public Works Department to coordinate all the fuel needs of the department in case of emergency. Furthermore, staff recently received City Commission approval to purchase a mobile fueling unit capable of pumping and transporting 1500 gallons of fuel to those locations in most need after a hurricane event. This unit is being fabricated presently and should be available sometime in October 2005. This vehicle can function to remove fuel from other tanks as 7 well as from our underground storage tanks. This will alleviate the need to have fuel delivered, by an outside agency, to fire stations, water treatment plans, etc. Currently we can store 20,000 gallons of diesel and 20,000 gallons of regular fuel. One additional alternative suggested by staff would be to install another 2,000- gal/on double-walled tank at L.S. # 319 located at Lawrence Road and Miner Road. This tank could serve as an additional diesel fuel repository, and function as a remote distribution point. Estimated cost of the tank would be $20,000. 6. Retro-fitting City facilities with appropriate stand-by generator or transfer switch capabilities. As with #3 above, this will require a building-by-building review. ITEM 6 STAND-BY GENERATORS AND TRANSFER SWITCHES FOR CITY FACILITIES Staff has evaluated the potential for moving portable generators to those City facilities in need of emergency electrical powers. We found that aI/ City facilities that would be in use after a power outage had some form of standby electrical generation. However, there remained a desire to further evaluate the potential for additional electrical backup capability to power air conditioning systems in those buildings where staff was required to work after the storm event. In particular, staff identified the need to provide air conditioning to staff working in the Public Works administrative office and in Fire Station 1. Staff contracted with CH2MHILL to evaluate backup generator needs to power the chiller system at City Hall since this system also cools Fire Station 1. We found that the estimated cost to provide this amenity was nearly $350,000 and therefore we are unable to address this at this time. This project will have to be considered by the City in future Capital plans. It is not included in the current CIP. It is important to note that Fire Station #1 is obviously staffed with up to ten personnel working 24-hour shifts on a 24fl basis during an emergency. The issue of electric generation for lights, radio chargers and overhead doors, as well as and air-conditioning is a critical concern, particularly during long-term deployments Lastly, staff received an estimate of $35, 000 to modify the backup electrical panel to allow for a secondary generator to be installed to run the air conditioning system in the Public Works administrative offices. We found this cost to be too high given the increasing chance that the Public Works compound may be relocated altogether. Furthermore, any secondary generator connection would require us to assume that a portable generator would be available. Given the severity of a storm event, it may be very likely that all portable City generators would be in use powering water well sites and lift stations. 8 7. Verify the number and size of Utility standby generators for lift stations and well fields, Generally, the City did well in this area despite the loss of three generators loaned to the Hurricane Charley effort. I believe additional generators or dual electrical feeds for key City lift stations and wellheads are needed. ITEM 7 VERIFY THE NUMBER AND SIZE OF UTILITY STANDBY GENERA TORS FOR LIFT STA nONS AND WELL FIELDS. Hurricanes Frances and Jeanne left widespread power outages throughout Palm Beach County in their wake, posing a challenge to every water utility, but a special challenge to those with remote pumping stations. Whereas state design standards require the installation of emergency generators at water treatment facilities, remote pumping stations are only required to include the receptacles for connection of emergency generators. With upwards of 120 sewage lift stations out of power during the aftermath of both storms, the availability of portable generators available was readily outstripped by the demand. Our analysis of this component will focus on the need for additional emergency generator power to serve the City's sewage lift stations, particularly those designated as "major re-pumping stations", which do not currently have installed generator sets. During our discussions, five stations were designated as those most critical in the configuration of our sewage pumping by virtue of their service to critical facilities, and their function in re-pumping sewage from other basins. We would like to retrofit these five stations (nos. 509, 603, 310, 405, 406) with on-site generators as soon as possible. The rationale for selecting these stations above all others is based upon the following facts: LS 509 - Boynton Beach High School, the City's largest hurricane shelter. LS 603 - Re-pumps Fire Station #2, Homewood Residence and portions of Leisureville. LS 310- Boynton Beach Assisted Living Facility, 4 Seasons, Boynton Bay Apartments. LS405 - Bethesda Hospital and Boulevard Manor Nursing Center. LS 406 - Chapel Hill, Mission Hill, re-pump Lake Eden. It is preferred that the generator sets for these stations be outfitted with self- contained fuel tanks that can provide for 48-hours of continuous service without refueling. This would allow time for departmental personnel to mobilize and deploy portable generator sets to other stations without having to attend these critical locations. The cost per generator set, installed, is estimated at $23,000. $75,000 has been budgeted in the current year's CIP budget for new generators. The following is a list of those priority stations requiring portable generator power if needed, due to the presence of nursing homes, A CLF's, or Fire/Rescue 9 facilities within the lift stations' service area. This list is provided for operational purposes only, and does not constitute an added expense. 404 - Parkside Inn. 414 - Fire Station #4, Alterra Winwood East. 516 - Fire Station #3, Melear PUD. 606 - Homewood Residence, parts of Leisureville. 607- Fire Station #2, parts of Leisureville. 612 -Marriott Brighton Gardens. 717- Newport Place and Ridge Terrace Health Care Center. 806-Manor Care Nursing Home, Alterra Winwood West, portions of Hunters Run. 811- Heartland Health Care Center. Staff identified the need for five additional generators to supplement the existing stock, as stationary equipment, to retrofit five critical lift stations. The five generators are currently on order. A new replacement generator has also been bid for the East Water Treatment Plant; while another one has been proposed for the West Water Treatment Plant, as part of an improvement project for that plant. The West Plant Improvement project is currently in its design phase. The Department has identified nine (9) priority stations to receive existing portable generators, and these nine are listed in the department's hurricane update report. Beyond that, emergency response will be based upon monitoring the high water alarms throughout the system and re-assigning potable generators to critical facilities, as required. Some lift stations have larger collection systems than others, and therefore possess greater storage capacity. Other stations have very limited storage, and would require more frequent generator usage. Staff has grown quite adept in monitoring the system and is well acquainted with the storage time of those critical, low-volume facilities. Wastewater Pumpina Stations Stations with permanently installed generators: Master Station #309- 1900 N. Seacrest Blvd... Master Station #316- 100 yards east of Military Trail and Golf Road. Master Station #317 - 1000 feet east of Winchester Park Blvd. on Boynton Beach Blvd.. Master Station #319 - Southeast comer of Lawrence Road and Miner Road. Master Station #356 - 500 feet east of Federal Highway on Boynton Beach Blvd. Extension. Master Station #801- Northwest comer of Lawrence Road and Boynton Beach Blvd.. Stormwater Station # 415- sw:fd Street between 5th Lane and 6th Ave.. Stations with 40 Kw permanently installed aenerators on order: LS 509 Quantum Park South - inside the Publix warehouse complex in Quantum Park. 10 LS 603 Home Depot area - just South of the East end of SW 4th Ave. behind Home Depot. LS 405 Behind (E of) Bethesda Hospital- NW comer of SW 27th Ave. & SW 6 St. intersection. LS 310 Four Seasons - 100 ft. NE of NE 4th St. & NE 16th Ave. intersection. LS 406 West of Chapel Hill Blvd. & Westwood Ln. intersection (in the median). Portable (trailer-mounted) generators Generator 8148 (60 Kw) Generator 8146 (60 Kw) Generator 8149 (60 Kw) Generator 8145 (60 Kw) Generator 8147 (60 Kw) Generator 8105 (125 Kw) Generator 8106 (80 Kw) Generator 8128 (80 Kw) Generator 8119 (80 Kw) Generator 8107 (80 Kw) Generator 8127 (80 Kw) Generator 8120 (80 Kw) Generator 8189 (80 Kw) Generator 8188 (80 Kw) Generator 8184 (60 Kw) Generator 8183 (60 Kw) - permanently assigned to Fire Station #2 Water Treatment Division Permanently installed generators are at both treatment plants and portions of East We/lfie/d, and ground storage tanks. Portable qenerators for Wells 8065-125 Kw Onan 8066-125 Kw Onan 8105-125 Kw Onan 8111-125 Kw Onan 8132-125 Kw Kato/ight LARGE PUMPS AND OTHER EQUIPMENT Pump 8051 (6'J - Water Distribution Pump 8052 (8'J - Stormwater Pump 8123 (6" Godwin) Pump 8124 (6" Godwin) Pump 1485 (12" Godwin) Welder on Vehicle #114 11 8. Provide several extra generators to be deployed in the community to support private relief efforts at churches or faith-based agencies. There were instances of several churches providing excellent relief services without use of public funds. Their efforts were hobbled, however by lack of electrical power. Perhaps the City's Grant's Team can identify funding sources for these facilities to 'retrofit" the buildings with transfer switches or generators so that a second tier of relief facilities can be identified. ITEM 8 PROVIDE SEVERAL EXTRA GENERA TORS TO BE DEPLOYED IN THE COMMUNITY TO SUPPORT PRIVATE RELIEF EFFORTS A T CHURCHES OR FAITH-BASED AGENCIES, AND SEARCH FOR GRANT OPPORTUNITIES. There is currently no provision for the use of City generators to supply power to private relief efforts in the City. Generators designated for this use would need to be budgeted and purchased. Given the number of City-owned sites and lift stations that may require generation, to commit an existing generator would be irresponsible and may jeopardize utilization of planned relief efforts. The following is a review of staffs due diligence into researching the topic of grants for generators: At an earlier meeting with representatives from the FEMA grant team, it was brought to our attention that the awarding of grant money for the purchase of generators was an extremely remote possibility. According to the FEMA staff members, the acquisition of generators was considered a municipal problem, something that FEMA assigned a very low priority for funding. In fact, during our meetings with the FEMA staff members, they strongly advised to remove any reference for the funding of any generators, or even portions of a generator in our EOC hardening grant application. The mere mention of the inclusion of a generator in the grant application might trigger a rejection of the entire grant application. This grant award philosophy was further revealed at the Governor's Hurricane Conference Jim Ness attended in early May. Again, word was that generators were an item that was on FEMA's radar screen for grant rejection, and that there just was not any federal funding available for these types of projects. Significant time as spent researching the various generator vendors at the conference. These vendors also agreed that the most practical solution to any generator problem was to rent or lease the machines; to that end Jim collected a number of rental brochures. Those brochures were forwarded to Jeff Livergood for his review. In addition, Grants Coordinator, Debbie Majors, searched eCivis Grants Locator for possible funding sources. While the Florida Department of Community Affairs and United States Federal Emergency Management Agency (FEMA) has several programs for disaster recovery there was no funding source identified that would pay for generators or retrofitting facilities with transfer switches. Debbie also contacted the State Liaison for Faith-based and Community Organizations, Liza McFadden, and the FEMA Public Assistance Headquarters in Orlando and spoke 12 with Annie Brown, to ensure no sources were overlooked. Locally, Tamara Worley, with the United Way, and Judith Brauer with Resource Development Initiative were contacted for potential funding sources. Despite our efforts, no suitable grant funding was identified. Mary Wyns, Nonprofit Resource Center's Director of Operations, suggested an alternative might be for the City to collaborate with the non-profit and provide the interest as a matching grant for a Small Business Loan (SBA) for a faith-based collaborative. SBA interest was as low as 2.9% at the time of contact. The future continues to look bleak concerning the awarding of grant funding for these types of purchases. We suggest that a program of small yearly incremental purchases of generators be implemented. The same incremental purchase philosophy for these smaller generators also be included in our ten year capital planning for those generators necessary to power entire complexes including lighting and air conditioning. 9. Continue to support hosting FPL as a power restoration site in Boynton Beach. I believe the location of the FPL site at Boynton Beach Mall was a crucial element in Boynton Beach's faster utility recovery. ITEM 9 CONTINUE HOSTING FLORIDA POWER AND LIGHT (FPLJ FOR RES TORA TlON SITE We contacted FPL representative Tony Newbold on 4n/05. Boynton Beach Mall is designated as a staging area in their 2005 Restoration Plan. FPL is currently working with Boynton Beach Mall management to establish an agreement. FPL contact person(s) for this issue is Tony Newbold @ (561) 495-7603 or Mr. Michel Khoury@ (561) 479-4500. All indications are that FPL is on-board with the City. An issue has surfaced, however, in terms of insurance and liability that will need to be worked out and is currently being addressed by the Legal Department. The question remains whether the City or the County should accept this responsibility and risk. It is hoped that the Legal Department will resolve this issue soon. 1 O.lmprove intersection safety in power outages. The City did not have stand-by stop signs in place at intersections until about two days after Hurricane Frances left. In addition, our traffic control with personnel present at key intersections needs to be reviewed. I do not favor use of volunteers for this work. We may wish to engage the services of the Florida Highway Patrol Reserve or our own reserve units to assist regular on duty staff. 13 ITEM 10 IMPROVED INTERSECTION SAFETY DURING POWER OUTAGES The Police Department has developed the fol/owing protocol for control of major intersections in the event of a citywide power outage. The three overpasses for 1-95, Boynton Beach Boulevard, Gateway Boulevard, and Woolbright Road, will be monitored by two officers at each location. Traffic will flow freely east and west bound at each of these locations. All left turns will be blocked which will assist with the flow of traffic at these major intersections. Right turns at these intersections will be allowed. Other major intersections throughout the City: 1. Hypoluxo and Congress. 2. Congress and Gateway. 3. Congress and Boynton Beach Boulevard. 4. Congress and Woolbright. 5. Boynton Beach Boulevard and Seacrest. 6. Seacrest and Woolbright. 7. Federal and Boynton Beach Boulevard. 8. Federal and Woolbright. These intersections will be staffed with two sworn officers or community service officers, properly equipped for manual traffic control. One of the two left turn lanes at each intersection will be closed to assist in officer safety and ease of control. The approximate number of officers needed to work all of the intersections and overpasses is 22. Officers will be relieved on-station eve/}' two hours. Assuming an alphalbravo deployment, we should have sufficient officers for the traffic control and preventive patrol functions. Other smaller intersections will be posted with stop signs and will be checked as often as possible to ensure that traffic is flowing properly. If an intersection has power and the lights are still working normally or on flash, then we will not post stop signs and allow the lights to continue to control the intersection. We will maintain liaison with Public Works in order to insure that stop signs and barricades are placed appropriately. It is also suggested that the largest intersections along Congress Avenue (mentioned above) and as many others as possible, be illuminated by portable lighting equipment if available. 11.lmprove our public information on trash and debris removal. The City staff did a superb effort in the cleanup. However, as residents began cleaning their private property of debris, this material inevitably ended up on the street side. This played havoc with our schedule and advise to residents as to when our first, second and third pick-up would occur. The one-two punch of Frances and 14 Jeanne also_played into concerns by residents that items they left on the curb would be missiles in the second storm. Four days before Jeanne, we shifted our pick-up of landscape debris to building debris and damaged personal property. This was a good decision because the landscape debris basically stayed intact in piles during Jeanne. ITEM #11 PUBLIC INFORMA TION ON TRASH AND DEBRIS REMOVAL Public Works staff will do its vel}' best to keep all parties apprised of ongoing cleanup operations after a storm event. However, we must recognize that is appropriate to only notify the public of general schedules on a neighborhood basis. We are unable to project a schedule more than a few days in advance. Last year, we tried to be somewhat specific regarding schedule with the public only to see us fail to live up to that schedule on a number of occasions. For example, our anticipated schedules were based upon the amount of debris identified on the streets. Often times, in the days prior to the "scheduled" pickup, residents would bring even more materials to the streets than we anticipated, thus delaying the pickup and prolonging the overall schedule. Furthermore, we found that unanticipated equipment failures by both the City and the private contractor caused delay in cleanup operations. We found that the public was frustrated both when we were unable to provide a precise pickup schedule and when we were unable to adhere to an advertised schedule for reasons mentioned herein. However, to better notify the public, staff is considering the use of the Dialogic notification system through Palm Beach County. This would allow us to use the telephone to notify the public several days in advance of proposed pickup schedule. Additionally, we will continue to give the public, via the PIO, the best schedule information that we have at any given time. 12. Seek better information from FEMA on eligibility of what is covered under the storm reimbursement programs. Current regulations are dependent on a state and national declaration of a disaster area. Once the initial scan is completed, by FEMA and the state, a decision is made as to what areas of recovery would be eligible for reimbursement. In the case of Frances the reimbursement included debris pick-up from public property and damage to public buildings. Later, FEMA made several changes in approach, which were not readily available to the City. City staff had to do some digging and research to uncover the latest rule that "if you get to the curb of a public street, you can include this on the reimbursement." This still left a number of private gated communities to their own devices to remove their storm debris. We had to advise them to document their costs and that the City could not do much more than the basic cleanup in these areas. I do understand that the Florida congressional delegation has requested a more definitive word from FEMA. Absent FEMA clarification, private gated communities are on 15 their own for debris removal. The City should work actively with our delegation, Palm Beach County League of Cities and the Palm Beach County League of Cities to obtain clarification before the next hurricane season. ITEM 12 SEEK BETTER INFORMA nON FROM FEMA ON ELIGIBILITY OF WHA TIS COVERED UNDER THE STORM REIMBURSEMENT PROGRAMS. FEMA has recently announced that they are implementing significant changes in how damages are verified and reimbursements are provided amid widespread fraud and waste of taxpayer's money after the 2004 storms. Issues such as rental assistance will be verified after FEMA gave out $188 million to many who chose not to relocate while their homes were being repaired. Training for inspectors, beyond last year's two-hour requirement, and more careful background checks are part of the new plan. On a local level with an issue that affected the City of Boynton Beach, there was much confusion regarding debris removal in gated "private" communities, and issues regarding the salary disbursement for worker's required before, during, and after the emergency and based upon the time of the actual "emergency declaration", which has already been addressed. The City's policy is to pick up debris in private communities post-storm with the understanding that the associated charges will, in all likelihood, not be reimbursed. Obviously, we would be reimbursed if the debris from private areas was brought to a public street, but this is not encouraged due to other challenges created involving street blockages, narrowed traffic lanes, etc. For further clarification on FEMA's policy regarding Public Assistance and Debris Removal, please find attached related FEMA website information addressing these two topics. As stated earlier, this report represents a compilation of information obtained from those on the attached participant list. I want to thank each member of this team for their cooperation and input. I suggest that this document be forwarded to State Representative Adam Hasner, who chaired the Legislative Committee on Intergovernmental Affairs meeting in Delray Beach on June 13, 2005 to discuss the 2004 Hurricane season. As you may recall, the City of Boynton Beach's after-action report was discussed in detail at that meeting and this document serves as a follow-up to that initial report. This concludes the report. ~ Attachments: Project List I Participants Pay Policy Letter to City Commission (January 24, 2005) CBS Emergency Organizational Chart 2005 Legislative Summary,., Relating to Natural Disaster Preparation, Response, and Recovery Public Assistance Mapping Charts FEMNPublic Assistance and Debris Management (FEMA329) 16 Updated 8/03/05 @ 5.:0Opm ISSUE Responsible Deadline* / Notes / Updates / Issues party( s) Report Due 1. Pay policies for Bill Mummert June 1,2005 COMPLETED hurricane emergencies. John Jordan Jim Cherof 2. Public Information Wayne Segal May 1, 2005 COMPLETED and Mayor involvement. Steve Lewis 3. Analysis of Jeff Livergood July 1, 2005 COMPLETED retrofitting city facilities. Quintus Greene 4. Evaluate food service Bill Mummert June 1, 2005 COMPLETED provisions. Jeff Livergood 5. Fuel Provisions. Jeff Livergood July 1, 2005 COMPLETED 6. Stand-by generators Kofi Boateng July 1, 2005 COMPLETED and transfer switches. Jeff Livergood 7. Lift station and well Kofi Boateng July 1, 2005 COMPLETED field standby generators. 8. Grants for generators / Jim Ness July 1,2005 COMPLETED community relief sites. Debbie Majors 9. Continue hosting FPL Carisse Lejeune May 1, 2005 COMPLETED as restoration site. 10. Improve intersection Marshal Gage June 1, 2005 COMPLETED safety in power outages. Matt Immler 11. Improve public info 'N ayne Segal July 1, 2005 COMPLETED on trash/debris removal. Jeff Livergood 12. Seek better Bill Bingham August 1, COMPLETED information from FEMA 2005 on eligible and/or reimbursable items/programs. * Deadline for report that may indicate the need for an extension due to the complexity of the issue. )(11. - 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 Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 2, 2005 July 18,2005 (Noon,) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16,2005 August I, 2005 (Noon) [gJ October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17,2005 (Noon) 0 September 20, 2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) (":) <" ') --I ~ --~ 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [gJ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report .... ,=-~ ~~":"~ ; ,........-- ~--:-, '-~-' C,,) ~.:.~ 122 0-:1~ RECOMMENDATION: Please place this request on the October 18,2005 City Commission Agenda under Legal, Ordinance-Second Reading, The City Commission approved this item under Legal, Ordinance-First Reading on October 5, 2005, EXPLANATION: The subject petition has been submitted on behalf of the Board of Supervisors of the Quantum Community Development District. Quantum CDD was established in 19910n the premise that Quantum will be built out as an industrial and commercial park. However, the land use in the District has changed over time, permitting residential development. The "mixed-use" situation is about to create a voting issue. The voting procedure stipulated by the State law used to create the District would eventually lead to a situation whereby all members of the Board of Supervisors are popularly elected from the residential communities only, with no representation of the commercial and industrial property owners. Since Chapter 190 of the Florida Statutes, which regulates Community Development Districts, does not offer any options to this conversion of representation, the Board of Supervisors of the Quantum CDD is seeking approval to create the Quantum Park Overlay Dependent District as a solution to the problem. The boundaries of the proposed Dependent District would be co-terminus with the boundaries of the Quantum Park at Boynton Beach (the 'Park'). All assets of the Quantum CDD would be deeded to the new overlay district. The new overlay district would then be responsible for the operation and maintenance of the public infrastructure previously owned by the Quantum CDD, The Board of Supervisors of the overlay district would be made up of representatives of both the residential communities and the non residential communities elected on the basis of land ownership. The Quantum CDD would continue to exist only to levy the non ad valorem assessments each year that are required to retire the outstanding debt of the District. Once the debt has been satisfied, the Quantum CDD will have no reason to remain in existence and dissolution procedures could be initiated. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The overlay dependent district would operate in the same manner as the existing CDD except that the Board of Supervisors can be removed by the City Commission if and whenever the Commission deems it necessary. PROJECT: AGENT: PETITIONER: LOCA nON: Quantum Park Overlay Dependent District Peter L. Pimentel Board of Supervisors of the Quantum Community Development District Quantum Park PROGRAM IMP ACT: FISCAL IMPACT: AL TERNATIVES: N/A N/A N/A ~e~~rure De lJ~k Planning and Zo ng DIrector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CDD\Quantum Overlay District\Agenda Item Request Quantum Overlay district 2nd reading IO-18-05,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 ORDINANCE NO. 05-DbI 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA ESTABLISHING A DEPENDENT 5 DISTRICT OVER THE REAL PROPERTY LEGALLY DESCRIBED 6 ON EXHIBIT "A" TO THIS ORDINANCE COMPRISING 7 APPROXIMATELY 582.49 ACRES; PROVIDING DEFINITIONS; 8 ESTABLISHING THE NAME OF THE DISTRICT AS QUANTUM 9 PARK OVERLAY DEPENDENT DISTRICT; NAMING THE INITIAL 10 MEMBERS OF THE BOARD OF SUPERVISORS OF THE 11 DISTRICT; DESIGNATING THE PURPOSE OF THE DISTRICT; 12 PROVIDING FOR BOARD OF SUPERVISORS, MEMBERS, 13 ELECTION OF MEMBERS, MEETINGS, AND GENERAL DUTIES; 14 PROVIDING GENERAL PO\VERS OF THE DISTRICT; PROVIDING 15 SPECIAL ASSESSMENT PO\VERS; PROVIDING FOR 16 COLLECTION AND ENFORCEMENT; PROVIDING FOR 17 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 18 19 \VHEREAS, the Florida Legislature created Chapter 189, Florida Statutes, as 20 amended, to provide an alternative method to finance, deliver and manage community 21 services; and, 22 23 \VHEREAS, Quantum Community Development District (the "Petitioner"), has 24 petitioned the City Commission of City of Boynton Beach, Florida (the "Commission") to 25 grant the establishment of Quantum Park Overlay Dependent District (the "District") to 26 provide certain community services; and, 27 28 \VHEREAS, the District will constitute a timely, efficient, responsive and economic 29 way to deliver community services; and, 30 31 \VHEREAS, the creation of the District is the best alternative available for 32 delivering the community services and facilities to the area that will be served by the 33 District; and the area that \vill be served by the District is amenable to separate special 34 district government; and, 35 36 \VHEREAS, the District does not have any zoning power and the establishment of 37 the District is not a development order; and 38 39 \VHEREAS, the creation of the District is consistent with the approved local 40 comprehensive plan. 41 42 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 43 CITY OF BOYNTON BEACH, FLORIDA: 44 45 Section 1. Creation of District. 46 The "WHEREAS" recitals above are hereby confirmed and adopted, and the Petition to 2 establish Quantum Park Overlay Dependent District over the real property described in 3 Exhibit "A" attached hereto, which was filed by 4 on, 200_, and which Petition 5 is on file at the Office of the City Clerk, is hereby granted. The external boundaries of the 6 District shall be as depicted on the legal description and location map attached hereto and 7 incorporated as Exhibit "A". 8 9 10 11 Section 2. Definitions. 12 13 As used in this Ordinance, the term: 14 (1) "Assessable improvements" means, without limitation, any and all public improvements 15 and community facilities that the district is empowered to provide in accordance with this 16 Ordinance. 17 18 (2) "Assessment bonds" means special obligations of the district which are payable solely 19 from proceeds of the special assessments levied for an assessable project. 20 21 (3) "Board" or "board of supervisors" means the governing board of the district or, if such 22 board has been abolished, the board, body, or commission succeeding to the principal 23 functions thereof or to whom the powers given to the board by this act have been given by 24 law. 25 26 (4) "Bond" includes "certificate," and the provisions that are applicable to bonds are equally 27 applicable to certificates. The term "bond" includes any general obligation bond, assessment 28 bond, refunding bond, revenue bond, and other such obligation in the nature of a bond as is 29 provided for in this Ordinance, as the case may be. 30 31 (5) "City" means the City of Boynton Beach, Florida, a Florida municipality. 32 33 (6) "Cost," when used with reference to any project, includes, but is not limited to: 34 (a) The expenses of determining the feasibility or practicability of acquisition, 35 construction, or reconstruction. 36 (b) The cost of surveys, estimates, plans, and specifications. 37 (c) The cost of improvements. 38 (d) Engineering, fiscal, and legal expenses and charges. 39 (e) The cost of all labor, materials, machinery, and equipment. 40 (f) The cost of all lands, properties, rights, easements, and franchises acquired. 41 (g) Financing charges. 42 (h) The creation of initial reserve and debt service funds. 43 (i) Working capital. 44 (j) Interest charges incurred or estimated to be incurred on money borrowed prior to 45 and during construction and acquisition and for such reasonable period of time after 46 completion of construction or acquisition as the board may determine. 2 1 (k) The cost of issuance of bonds pursuant to this Ordinance, including 2 advertisements and printing. 3 (I) The cost of any election held pursuant to this Ordinance and all other expenses of 4 issuance of bonds. 5 (m) The discount, if any, on the sale or exchange of bonds. 6 (n) Administrative expenses. 7 (0) Such other expenses as may be necessary or incidental to the acquisition, 8 construction, or reconstruction of any project or to the financing thereof, or to the 9 development of any lands within the district. 10 (p) Payments, contributions, dedications, and any other exactions required as a 11 condition to receive any government approval or permit necessary to accomplish any district 12 purpose. 13 14 (7) "County" means Palm Beach County, Florida. 15 16 (8) "District" means the Quantum Park Overlay District created by this Ordinance. 17 18 (9) "District Manager" means the manager of the district. 19 20 (10) "District roads" means highways, streets, roads, alleys, sidewalks, landscaping, storm 21 drains, bridges, and thoroughfares of all kinds and descriptions. 22 23 (11) "General obligation bonds" means bonds which are secured by, or provide for their 24 payment by, the pledge, in addition to those special assessments levied for their discharge 25 and such other sources as may be provided for their payment or pledged as security under 26 the resolution authorizing their issuance, of the full faith and credit and taxing power of the 27 district and for payment of which recourse may be had against the general fund of the 28 district. 29 30 (12) "Landowner" means the owner of a freehold estate as appears by the deed record, 31 including a trustee, any legal entity, and an owner of a condominium unit; but it does not 32 include a reversionary, remainderman, mortgagee, the Quantum Community Development 33 District or any governmental entity, who shall not be counted and need not be notified of 34 proceedings under this act. Landowner shall also mean the owner of a ground lease from a 35 governmental entity, which leasehold interest has a remaining term, excluding all renewal 36 options, in excess of 50 years. A landowner may be a nonresidential landowner or a 37 residential landowner. 38 39 (13) "Local general-purpose government" means a county, municipality, or consolidated 40 city-county government. 41 42 43 (14) "Ordinance" or "this Ordinance' means this Ordinance No._ of the Oty. 44 3 1 (15) "Project" means any development, improvement, property, utility, facility, works, 2 enterprise, or service no\\! existing or hereafter undertaken or established under the 3 provisions of this Ordinance. 4 5 (16) "Refunding bonds" means bonds issued to refinance outstanding bonds of any type and 6 the interest and redemption premium thereon. Refunding bonds shall be issuable and 7 payable in the same manner as the refinanced bonds, except that no approval by the 8 electorate shall be required unless required by the State Constitution. 9 10 (17) "Revenue bonds" means obligations of the district which are payable from revenues 11 derived from sources other than ad valorem taxes on real or tangible personal property and 12 which do not pledge the property, credit, or general assessment revenue of the district. 13 14 (18) "Sewer system" means any plant, system, facility, or property, and additions, 15 extensions, and improvements thereto at any future time constructed or acquired as part 16 thereof, useful or necessary or having the present capacity for future use in connection with 17 the collection, treatment, purification, or disposal of sewage, including, without limitation, 18 industrial wastes resulting from any process of industry, manufacture, trade, or business or 19 from the development of any natural resource. Without limiting the generality of the 20 foregoing, the term "sewer system" includes treatment plants, pumping stations, lift stations, 21 valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary 22 appurtenances and equipment; all sewer mains, laterals, and other devices for the reception 23 and collection of sewage from premises connected therewith; and all real and personal 24 property and any interest therein, rights, easements, and franchises of any nature relating to 25 any such system and necessary or convenient for operation thereof. 26 27 (19) "Water management and control facilities" means any lakes, canals, ditches, 28 reservoirs, dams, levees, sluiceways, floodways, pumping stations, or any other works, 29 structures, or facilities for the conservation, control, development, utilization, and disposal 30 of water, and any purposes appurtenant, necessary, or incidental thereto. The term "water 31 management and control facilities" includes all real and personal property and any interest 32 therein, rights, easements, and franchises of any nature relating to any such water 33 management and control facilities or necessary or convenient for the acquisition, 34 construction. reconstruction, operation, or maintenance thereof. 35 36 (20) "Water system" means any plant, system, facility, or property and additions, 37 extensions, and improvements thereto at any future time constructed or acquired as part 38 thereof, useful or necessary or having the present capacity for future use in connection with 39 the development of sources, treatment, or purification and distribution of water. Without 40 limiting the generality of the foregoing, the term "water system" includes dams, reservoirs, 41 storage, tanks, mains, lines, valves, pumping stations, laterals, and pipes for the purpose of 42 carrying water to the premises connected with such system, and all rights, easements, and 43 franchises of any nature relating to any such system and necessary or convenient for the 44 operation thereof. 45 46 Section 3. District Name 4 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 40 41 42 43 44 45 46 The name of the District shall be "Quantum Park Overlay Dependent District". Section 4. Initial Board Members The initial members of the Board of Supervisors of the Quantum Park Overlay Dependent District (the "District Board") shall be as follows: 1. Eugene Gerlica 2. Robert S. Fike 3. Al Slaman 4. Thomas McGillicuddy 5. Igor Olenicoff Section 5. Purpose The District is created for the purposes set forth in and prescribed in the Petition. Section 6. Board of Supervisors; Members, Election of Members, and Meetings. The District Board shall exercise the powers granted to the District pursuant to this Ordinance. The District Board shall consist of five members. Except as otherwise provided herein, each member shall hold office for a term of four years and until a successor is chosen and qualifies. The members of the District Board must be residents of the State of Florida and citizens of the United States. (1) (a) Within 90 days following the effective date of this Ordinance establishing the District, there shall be held a meeting of all landowners of the District for the purpose of electing five members for the District Board. Notice of the landowners' meeting shall be published once a week for 2 consecutive weeks in a newspaper which is in general circulation in the area of the District, the last day of such publication to be not fewer than 14 days or more than 28 days before the date of the election. The landowners, when assembled at such meeting, shall organize by electing a chair who shall conduct the meeting. (b) At such meeting, each landO\vner shall be entitled to cast one vote per assessable acre and/or a fractional vote equal to any fractional share of one assessable acre for the purpose of votes taken at the meeting for any item that the landowner is entitled to vote. Landowners owning less than one (1) assessable acre in the aggregate shall be entitled to a fractional vote equal to the aggregate fractional assessable acreage owned. Landowners with more that one (1) assessable acre are entitled to an aggregate number of votes equal to the aggregate number of all (whether whole or fractional) assessable acres owned, when all of such landowners' assessable acreage has been aggregated for purposes of voting. A landowner may vote in person or by a proxy given in writing. The two candidates receiving the highest number of votes shall be elected for a period of four years, and the three candidates receiving the next highest number of votes shall be elected for a period of two years. The members of the first District Board elected by landowners shall serve their 5 1 respective 4-year or 2-year terms; however, the next election by landowners shall be on the 2 first Tuesday in the first November following the expiration of the initially elected 2-year 3 terms.. Thereafter, there shall be an election of Board members for the District every 2 4 years on the first Tuesday in November. At each election following the initial election, the 5 two candidates receiving the highest number of votes shall be elected to serve for a 4-year 6 term, and the remaining candidate shall be elected to serve for a 2-year term. 7 8 (2) Upon entering into office, members of the district board shall take and subscribe to 9 the oath of office as prescribed by s. 876.05. They shall hold office for the terms for which 10 they were elected or appointed and until their successors are chosen and qualified. If, during 11 the term of office, a vacancy occurs, the remaining members of the District Board shall fill 12 the vacancy by an appointment for the remainder of the unexpired term. During their 13 unexpired terms, members of the Board may be removed at will by action of the governing 14 body of the City. 15 16 (3) A majority of the members of the District Board constitutes a quorum for the 17 purposes of conducting its business and exercising its powers and for all other purposes. 18 Action taken by the District shall be upon a vote of a majority of the members present unless 19 general law or a rule of the District requires a greater number. 20 21 (4) As soon as practicable after each election or appointment, the District Board shall 22 organize by electing one of its members as chair and by electing a secretary, who need not 23 be a member of the District Board, and such other officers as the District Board may deem 24 necessary. 25 26 (5) The District Board shall keep a permanent record book entitled "Record of 27 Proceedings of Quantum Park Overlay Dependent District," in which shall be recorded 28 minutes of all meetings, resolutions, proceedings, certificates, bonds given by all employees, 29 and any and all corporate acts. The record book shall at reasonable times be opened to 30 inspection in the same manner as state, county, and municipal records pursuant to chapter 31 119. The record book shall be kept at the office or other regular place of business 32 maintained by the District Board in Palm Beach County. 33 34 (6) Each supervisor shall be entitled to receive for his or her services an amount not to 35 exceed $200 per meeting of the board of supervisors, not to exceed $4,800 per year per 36 supervisor, or an amount established by the electors at referendum. In addition, each 37 supervisor shall receive travel and per diem expenses as set forth in s. 112.061. 38 39 (7) All meetings of the District Board shall be open to the public and governed by the 40 provisions of chapter 286. 41 42 Section 7. Board of Supervisors, General Duties. 43 44 (1) The District Board shall employ, and fix the compensation of, a district manager. 45 The district manager shall have charge and supervision of the works of the District and shall 46 be responsible for preserving and maintaining any improvement or facility constructed or 6 1 erected pursuant to the provisions of this Ordinance, for maintaining and operating the 2 equipment owned by the District, and for performing such other duties as may be prescribed 3 by the District Board. The district manager may hire or otherwise employ and terminate the 4 employment of such other persons, including, without limitation, professional, supervisory, 5 and clerical employees, as may be necessary and authorized by the District Board. The 6 compensation and other conditions of employment of the officers and employees of the 7 District shall be as provided by the District Board. S 9 (2) The District Board shall designate a person who is a resident of the state as treasurer 10 of the District, who shall have charge of the funds of the district. Such funds shall be 11 disbursed only upon the order, or pursuant to the resolution, of the District Board by warrant 12 or check countersigned by the treasurer and by such other person as may be authorized by 13 the District Board. The District Board may give the treasurer such other or additional 14 powers and duties as the District Board may deem appropriate and may fix his or her 15 compensation. The District Board may require the treasurer to give a bond in such amount, 16 on such terms, and with such sureties as may be deemed satisfactory to the District Board to 17 secure the performance by the treasurer of his or her powers and duties. The financial 18 records of the District Board shall be audited by an independent certified public accountant 19 at least once a year. 20 21 (3) The District Board is authorized to select as a depository for its funds any qualified 22 public depository as defined in s. 280.02 which meets all the requirements of chapter 280 23 and has been designated by the Treasurer as a qualified public depository, upon such terms 24 and conditions as to the payment of interest by such depository upon the funds so deposited 25 as the District Board may deem just and reasonable. 26 27 28 Section 8. General Powers 29 30 The Commission hereby grants to Quantum Park Overlay Dependent District general 31 powers as hereinafter defined, and hereby finds that it is in the public interest of the citizens 32 of the City to grant such general powers. The District shall have, and the District Board may 33 exercise, the following general powers: 34 35 (1) To sue and be sued in the name of the District; to adopt and use a seal and authorize 36 the use of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to 37 dispose of, real and personal property, or any estate therein; and to make and execute 38 contracts and other instruments necessary or convenient to the exercise of its powers. 39 40 (2) To contract for the services of consultants to perform planning, engineering, legal, or 41 other appropriate services of a professional nature. Such contracts shall be subject to public 42 bidding or competitive negotiation requirements as set forth in s. 190.033. 43 44 (3) To borrow money and accept gifts; to apply for and use grants or loans of money or 45 other property from the United States, the state, a unit of local government, or any person for 46 any District purposes and enter into agreements required in connection therewith; and to 7 1 hold, use, and dispose of such moneys or property for any District purposes in accordance 2 with the terms of the gift, grant, loan, or agreement relating thereto. 3 (4) To adopt rules and orders prescribing the powers, duties, and functions of the 4 officers of the District; the conduct of the business of the District; the maintenance of 5 records; and the form of certificates evidencing tax liens and all other documents and 6 records of the District. The District Board may also adopt administrative rules with respect 7 to any of the projects of the District and define the area to be included therein. The District 8 Board may also adopt resolutions that may be necessary for the conduct of District business. 9 10 (5) To hold, control, and acquire by donation, purchase, or condemnation, or dispose of, 11 any public easements, dedications to public use, platted reservations for public purposes, or 12 any reservations for those purposes authorized by this Ordinance and to make use of such 13 easements, dedications, or reservations for any of the purposes authorized by this Ordinance. 14 15 (6) To lease as lessor or lessee to or from any person, firm, corporation, association, or 16 body, public or private, any projects of the type that the District is authorized to undertake 17 and facilities or property of any nature for the use of the District to carry out any of the 18 purposes authorized by this act. 19 20 21 (7) To borrow money and issue bonds, certificates, warrants, notes, or other evidence of 22 indebtedness as hereinafter provided; to levy such tax and special assessments as may be 23 authorized; and to charge, collect, and enforce fees and other user charges. 24 25 (8) To raise, by user charges or fees authorized by resolution of the District Board, 26 amounts of money which are necessary for the conduct of the District activities and services 27 and to enforce their receipt and collection in the manner prescribed by resolution not 28 inconsistent with law. 29 30 (9) To exercise within the District, or beyond the District with prior approval by 31 resolution of the City if the taking will occur in an area of the City or with prior approval by 32 resolution of the governing body of the affected jurisdiction if the taking will occur within 33 some jurisdiction outside the City, the right and power of eminent domain, pursuant to the 34 provisions of chapters 73 and 74, over any property within the state, except municipal, 35 county, state, and federal property, for the uses and purposes of the District relating to water, 36 sewer, water management, district roads, utility provisions, and any other projects of the 37 district authorized by this Ordinance, specifically including, without limitation, the power 38 for the taking of easements for the drainage of the land of one person over and through the 39 land of another. 40 41 (10) To cooperate with, or contract with, other governmental agencies as may be 42 necessary, convenient, incidental, or proper in connection with any of the powers, duties, or 43 purposes authorized by this act. 44 45 (11) To determine, order, levy, impose, collect, and enforce special assessments pursuant 46 to Chapter 170, F.S. Such special assessments may, in the discretion of the District, be; 8 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 40 41 42 43 44 45 levied, collected and enforced pursuant to the provisions of Chapters 197.3631, 197.3632, and 197.3635, or Chapter 170, F.S.. (12) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: (a) Water management and control for the lands within the District and to connect some or any of such facilities with roads and bridges. (b) Water supply, sewer, and wastewater management, irrigation, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system. (c) Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut. (d) District roads equal to or exceeding the specifications of the County, and traffic control signs and streetlights. (e) Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the District under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the District and who caused or contributed to the contamination. (f) Parks and facilities for indoor and outdoor recreational, cultural, and educational uses. (g) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries. (h) To adopt and enforce appropriate rules following the procedures of chapter 120, in connection with the provision of one or more services through its systems and facilities. (13) To exercise all of the powers necessary, convenient, incidental, or proper III connection with any of the powers, duties, or purposes authorized by this Ordinance. Section 9. Budgets 9 1 On or before each July 15, the District Manager (or the District Board) shall prepare a 2 proposed budget for the ensuing fiscal year to be submitted to the District Board for 3 approval. The proposed budget shall include at the direction of the District Board an 4 estimate of all necessary expenditures of the District for the ensuing fiscal year and an 5 estimate of income to the District from the taxes and assessments provided in this act. The 6 District Board shall consider the proposed budget item by item and may either approve the 7 budget as proposed or modify the same in part or in whole. The District Board shall indicate 8 its approval of the budget by resolution, which resolution shall provide for a hearing on the 9 budget as approved. Notice of the hearing on the budget shall be published in a newspaper 10 of general circulation in the area of the District once a week for 2 consecutive weeks, except 11 that the first publication shall be not fewer than 15 days prior to the date of the hearing. The 12 notice shall further contain a designation of the day, time, and place of the public hearing. 13 At the time and place designated in the notice, the District Board shall hear all objections to 14 the budget as proposed and may make such changes as the District Board deems necessary. 15 At the conclusion of the budget hearing, the District Board shall, by resolution, adopt the 16 budget as finally approved by the District Board. The budget shall be adopted prior to 17 October 1 of each year. 18 19 Section 10. Financial Reports; Disclosure of public financing. 20 21 (1) The District shall provide financial reports in such form and such manner as prescribed 22 pursuant to chapter 218. 23 24 (2) The District Board shall take affirmative steps to provide for the full disclosure of 25 information relating to the public financing and maintenance of improvements to real 26 property undertaken by the District. Such information shall be made available to all existing 27 residents, and to all prospective residents of the District whenever possible. 28 29 Section 11. Issuance of bond anticipation notes. 30 31 In addition to the other powers provided for in this Ordinance, and not in limitation thereof, 32 the district shall have the power, at any time, and from time to time after the issuance of any 33 bonds of the District shall have been authorized, to borrow money for the purposes for 34 which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of 35 such bonds and to issue bond anticipation notes in a principal sum not in excess of the 36 authorized maximum amount of such bond issue. Such notes shall be in such denomination 37 or denominations, bear interest at such rate as the District Board may determine in 38 compliance with s. 215.84, mature at such time or times not later than 5 years from the date 39 of issuance, and be in such form and executed in such manner as the District Board shall 40 prescribe. Such notes may be sold at either public or private sale or, if such notes shall be 41 renewal notes, may be exchanged for notes then outstanding on such terms, as the District 42 Board shall determine. Such notes shall be paid from the proceeds of such bonds when 43 issued. The District Board may, in its discretion, in lieu of retiring the notes by means of 44 bonds, retire them by means of current revenues or from any taxes or assessments levied for 45 the payment of such bonds; but in such event a like amount of the bonds authorized shall not 46 be issued. 10 1 2 3 Section 12. Short-term borrowing 4 5 The District at any time may obtain loans, in such amount and on such terms and conditions 6 as the District Board may approve, for the purpose of paying any of the expenses of the 7 District or any costs incurred or that may be incurred in connection with any of the projects 8 of the District, which loans shall bear such interest as the District Board may determine in 9 compliance with s. 215.84, and may be payable from and secured by a pledge of such funds, 10 revenues, taxes, and assessments as the District Board may determine, subject, however, to 11 the provisions contained in any proceeding under which bonds were theretofore issued and 12 are then outstanding. For the purpose of defraying such costs and expenses, the District may 13 issue negotiable notes, warrants, or other evidences of debt to be payable at such times, to 14 bear such interest as the District Board may determine in compliance with s. 215.84, and to 15 be sold or discounted at such price or prices not less than 95 percent of par value and on 16 such terms as the District Board may deem advisable. The District Board shall have the 17 right to provide for the payment thereof by pledging the whole or any part of the funds, 18 revenues, taxes, and assessments of the District. The approval of the electors residing in the 19 District shall not be necessary except when required by the State Constitution. 20 21 Section 13. Bonds 22 23 Section 190.016(1) through 190.016(15) F.S. as amended and supplemented IS hereby 24 incorporated by reference. 25 26 Section 14. Trust agreements 27 28 Any issue of bonds shall be secured by a trust agreement by and between the District and a 29 corporate trustee or trustees, which may be any trust company or bank having the powers of 30 a trust company within or without the state. The resolution authorizing the issuance of the 31 bonds or such trust agreement may pledge the revenues to be received from any projects of 32 the District and may contain such provisions for protecting and enforcing the rights and 33 remedies of the bondholders as the District Board may approve, including, without 34 limitation, covenants setting forth the duties of the District in relation to: the acquisition, 35 construction, reconstruction, improvement, maintenance, repair, operation, and insurance of 36 any projects; the fixing and revising of the rates, fees, and charges; and the custody, 37 safeguarding, and application of all moneys and for the employment of consulting engineers 38 or other professionals in connection with such acquisition, construction, reconstruction, 39 improvement, maintenance, repair, or operation. It shall be lawful for any bank or trust 40 company within or without the state that may act as a depository of the proceeds of bonds or 41 of revenues to furnish such indemnifying bonds or to pledge such securities as may be 42 required by the District. Such resolution trust agreement may set forth the rights and 43 remedies of the bondholders and of the trustee, if any, and may restrict the individual right 44 of action by bondholders. The District Board may provide for the payment of proceeds of 45 the sale of the bonds and the revenues of any project to such officer, board, or depository as 46 it may designate for the custody thereof and may provide for the method of disbursement 11 1 thereof with such safeguards and restrictions as it may determine. All expenses incurred in 2 carrying out the provisions of such resolution or trust agreement may be treated as part of 3 the cost of operation of the project to which such trust agreement pertains. 4 5 Section 15. Taxes; non-ad valorem assessments 6 7 (1) AD VALOREM Ti\XES.--The District shall not have the power to levy and assess ad 8 valorem taxes. 9 10 (2) BENEFIT SPECIAL ASSESSMENTS.-- The District Board shall annually determine, 11 order, and levy the annual installment of the total benefit special assessments for bonds 12 issued and related expenses to finance District facilities and projects which are levied under 13 this Ordinance. These assessments may be due and collected during each year that county 14 taxes are due and collected, in which case such annual installment and levy shall be 15 evidenced to and certified to the Property Appraiser by the District Board not later than 16 August 31 of each year, and such assessment shall be entered by the Property Appraiser on 17 the County tax rolls, and shall be collected and enforced by the Tax Collector in the same 18 manner and at the same time as County taxes, and the proceeds thereof shall be paid to the 19 District. However, this subsection shall not prohibit the District in its discretion from using 20 the method prescribed in either Chapter 197.363 or 197.3632, F.S. for collecting and 21 enforcing these assessments. These benefit special assessments shall be a lien on the 22 property against which assessed until paid and shall be enforceable in like manner as County 23 taxes. The amount of the assessment for the exercise of the District's powers under this 24 Ordinance shall be determined by the District Board based upon a report of the District's 25 engineer and assessed by the District Board upon such lands, which may be part or all of the 26 lands within the District benefited by the improvement, apportioned between benefited lands 27 in proportion to the benefits received by each tract of land. 28 29 (3) MAINTENANCE SPECIAL ASSESSMENTS.-- To maintain and preserve the facilities 30 and projects of the District, the District Board may levy a maintenance special assessment. 31 This assessment may be evidenced to and certified to the Property Appraiser by the District 32 Board not later than August 31 of each year and shall be entered by the Property Appraiser 33 on the County tax rolls and shall be collected and enforced by the Tax Collector in the same 34 manner and at the same time as County taxes, and the proceeds there from shall be paid to 35 the District. However, this subsection shall not prohibit the District in its discretion from 36 using the method prescribed in either Chapter 197.363 or 197.3632 for collecting and 37 enforcing these assessments. These maintenance special assessments shall be a lien on the 38 property against which assessed until paid and shall be enforceable in like manner as County 39 taxes. The amount of the maintenance special assessment for the exercise of the District's 40 powers under this Ordinance shall be determined by the District Board based upon a report 41 of the district's engineer and assessed by the District Board upon such lands, which may be 42 all of the lands within the District benefited by the maintenance thereof, apportioned 43 between the benefited lands in proportion to the benefits received by each tract ofland. 44 45 (4) ENFORCEMENT OF TAXES.--The collection and enforcement of all taxes levied by 46 the District shall be at the same time and in like manner as County taxes, and the provisions 12 1 of the Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes; 2 the issuance, sale, and delivery of tax certificates for such unpaid and delinquent County 3 taxes; the redemption thereof; the issuance to individuals of tax deeds based thereon; and all 4 other procedures in connection therewith shall be applicable to the district to the same extent 5 as if such statutory provisions were expressly set forth herein. All taxes shall be subject to 6 the same discounts as County taxes. 7 8 (5) WHEN UNPAID TAX IS DELINQUENT; PENALTY.--All taxes provided for in this 9 act shall become delinquent and bear penalties on the amount of such taxes in the same 10 manner as County taxes. 11 12 (6) TAX EXEMPTION.--All bonds issued hereunder and interest paid thereon and all fees, 13 charges, and other revenues derived by the District from the projects provided by this 14 Ordinance are exempt from all taxes by the state or by any political subdivision, agency, or 15 instrumentality thereof; however, any interest, income, or profits on debt obligations issued 16 hereunder are not exempt from the tax imposed by Chapter 220. Further, the District is not l7 exempt from the provisions of Chapter 2 1 2. 18 19 (7) STATUS OF ASSESSMENTS.--Benefit special assessments, maintenance special 20 assessments, and special assessments are non-ad valorem assessments as defined by Chapter 21 1 97.3632, F.S. 22 23 (8) ASSESSMENTS CONSTITUTE LIENS; COLLECTION.--Benefit special assessments 24 and maintenance special assessments authorized by this Ordinance shall constitute a lien on 25 the property against which assessed from the date of imposition thereof until paid, coequal 26 with the lien of state, county, municipal, and school board taxes. These non-ad valorem 27 assessments may be collected, at the District's discretion, by the Tax Collector pursuant to 28 the provisions of Chapter 197.363 or 197.3632, F.S., or in accordance with other collection 29 measures provided by law. 30 31 (9) LAND OWNED BY GOVERNMENTAL ENTITY.--Except as otherwise provided by 32 law, no levy of non-ad valorem assessments under this Ordinance, or Chapter 170, Chapter 33 197, or otherwise, by a District Board on property of a governmental entity that is subject to 34 a ground lease as described in Chapter 190.003(13), F.S. shall constitute a lien or 35 encumbrance on the underlying fee interest of such governmental entity. 36 37 Section 16. Special assessments 38 39 (1) The District Board may levy special assessments for the construction, reconstruction, 40 acquisition, or maintenance of District facilities authorized under this Ordinance using the 41 procedures for levy and collection provided in Chapter 170 or Chapter 197, F .S. 42 43 (2) Notwithstanding the provisions of Chapter 170.09, F.S., District assessments may be 44 made payable in no more than 30 yearly installments. 45 13 1 Section 17. Issuance of certificates of indebtedness based on assessments for 2 assessable improvements; assessment bonds 3 4 (1) The District Board may, after any assessments for assessable improvements are made, 5 determined, and confirmed as provided in this Ordinance, issue certificates of indebtedness 6 for the amount so assessed against the abutting property or property otherwise benefited, as 7 the case may be; and separate certificates shall be issued against each part or parcel of land 8 or property assessed, which certificates shall state the general nature of the improvements 9 for which the assessment is made. The certificates shall be payable in annual installments in 10 accordance with the installments of the special assessment for which they are issued. The 11 District Board may determine the interest to be borne by such certificates, in compliance 12 with Chapter 215.84, F.S. and may sell such certificates at either private or public sale and 13 determine the form, manner of execution, and other details of such certificates. The 14 certificates shall recite that they are payable only from the special assessments levied and 15 collected from the part or parcel of land or property against which they are issued. The 16 proceeds of such certificates may be pledged for the payment of principal of and interest on 17 any revenue bonds or general obligation bonds issued to finance in whole or in part such 18 assessable improvement, or, if not so pledged, may be used to pay the cost or part of the cost 19 of such assessable improvements. 20 21 (2) The District may also issue assessment bonds or other obligations payable from a 22 special fund into which such certificates of indebtedness referred to in the preceding 23 subsection may be deposited; or, if such certificates of indebtedness have not been issued, 24 the District may assign to such special fund for the benefit of the holders of such assessment 25 bonds or other obligations, or to a trustee for such bondholders, the assessment liens 26 provided for in this act unless such certificates of indebtedness or assessment liens have 27 been theretofore pledged for any bonds or other obligations authorized hereunder. In the 28 event of the creation of such special fund and the issuance of such assessment bonds or other 29 obligations, the proceeds of such certificates of indebtedness or assessment liens deposited 30 therein shall be used only for the payment of the assessment bonds or other obligations 31 issued as provided in this section. The District is authorized to covenant with the holders of 32 such assessment bonds or other obligations that it will diligently and faithfully enforce and 33 collect all the special assessments and interest and penalties thereon for which such 34 certificates of indebtedness or assessment liens have been deposited in or assigned to such 35 fund; to foreclose such assessment liens so assigned to such special fund or represented by 36 the certificates of indebtedness deposited in the special fund, after such assessment liens 37 have become delinquent, and deposit the proceeds derived from such foreclosure, including 38 interest and penalties, in such special fund; and to make any other covenants deemed 39 necessary or advisable in order to properly secure the holders of such assessment bonds or 40 other obligations. 41 42 (3) The assessment bonds or other obligations issued pursuant to this section shall have 43 such dates of issue and maturity as shall be deemed advisable by the District Board; 44 however, the maturities of such assessment bonds or other obligations shall not be more than 45 2 years after the due date of the last installment which will be payable on any of the special 14 I assessments for which such assessment liens, or the certificates of indebtedness representing 2 such assessment liens, are assigned to or deposited in such special fund. 3 4 (4) Such assessment bonds or other obligations issued under this section shall bear such 5 interest as the District Board may determine, not to exceed a rate which is in compliance 6 with Chapter 215.84, F.S., and shall be executed, shall have such provisions for redemption 7 prior to maturity, shall be sold in the manner and be subject to all of the applicable 8 provisions contained in this Ordinance for revenue bonds, except as the same may be 9 inconsistent with the provisions of this section. 10 11 (5) All assessment bonds or other obligations issued under the provisions of this Ordinance, 12 except certificates of indebtedness issued against separate lots or parcels of land or property 13 as provided in this section, shall be and constitute and shall have all the qualities and 14 incidents of negotiable instruments under the law merchant and the laws of the state. 15 16 Section 18. Tax liens 17 18 All taxes of the District provided for in this Ordinance, together with all penalties for default 19 in the payment of the same and all costs in collecting the same, including a reasonable 20 attorney's fee fixed by the court and taxed as a cost in the action brought to enforce payment, 21 shall, from January 1 for each year the property is liable to assessment and until paid, 22 constitute a lien of equal dignity with the liens for state and county taxes and other taxes of 23 equal dignity with state and county taxes upon all the lands against which such taxes shall be 24 levied. A sale of any of the real property within the district for state and county or other 25 taxes shall not operate to relieve or release the property so sold from the lien for subsequent 26 District taxes or installments of District taxes, which lien may be enforced against such 27 property as though no such sale thereof had been made. The provisions of Chapters 194.171, 28 197.122, 197.333, and 197.432, F.S. shall be applicable to District taxes with the same force 29 and effect as if such provisions were expressly set forth in this Ordinance. 30 31 Section 19. Payment of taxes and redemption of tax liens by the District; sharing in 32 proceeds of tax sale 33 34 (l) The District has the right to: 35 36 (a) Pay any delinquent state, county, district, municipal, or other tax or assessment upon 37 lands located wholly or partially within the boundaries ofthe District; and 38 (b) To redeem or purchase any tax sales certificates issued or sold on account of any state, 39 county, district, municipal, or other taxes or assessments upon lands located wholly or 40 partially within the boundaries of the District. 41 42 (2) Delinquent taxes paid, or tax sales certificates redeemed or purchased, by the District, 43 together with all penalties for the default in payment of the same and all costs in collecting 44 the same and a reasonable attorney's fee, shall constitute a lien in favor of the district of 45 equal dignity with the liens of state and county taxes and other taxes of equal dignity with 15 1 state and county taxes upon all the real property against which the taxes were levied. The 2 lien of the District may be foreclosed in the manner provided in this Ordinance. 3 4 (3) In any sale of land pursuant to Chapter 197.542, F.S. and amendments thereto, the 5 District may certify to the clerk of the circuit court of the County holding such sale the 6 amount of taxes due to the District upon the lands sought to be sold; and the District shall 7 share in the disbursement of the sales proceeds in accordance the provisions of this 8 Ordinance and under the laws of the state. 9 10 Section 20. Foreclosure of liens 11 12 Any lien in favor of the District arising under this Ordinance may be foreclosed by the 13 District by foreclosure proceedings in the name of the District in a court of competent 14 jurisdiction as provided by general law in like manner as is provided in Chapter 173, F .S. 15 and amendments thereto; the provisions of that chapter shall be applicable to such 16 proceedings with the same force and effect as if those provisions were expressly set forth in 17 this Ordinance. Any act required or authorized to be done by or on behalf of the District in 18 foreclosure proceedings under Chapter 173 may be performed by such officer or agent of the 19 District as the Board of Supervisors may designate. Such foreclosure proceedings may be 20 brought at any time after the expiration of 1 year from the date any tax, or installment 21 thereof, becomes delinquent; however no lien shall be foreclosed against any political 22 subdivision or agency of the state. Other legal remedies shall remain available. 23 24 Section 21. Bids required 25 26 (1) No contract shall be let by the District Board for any goods, supplies, or materials to be 27 purchased when the amount thereof to be paid by the District shall exceed the amount 28 provided in Chapter 287.017, F.S. for category four, unless notice of bids shall be advertised 29 once in a newspaper in general circulation in the County. The District Board seeking to 30 construct or improve a public building, structure, or other public works shall comply with 31 the bidding procedures of Chapter 255.20, F.S. and other applicable general law. In each 32 case, the bid of the lowest responsive and responsible bidder shall be accepted unless all 33 bids are rejected because the bids are too high, or the District Board determines it is in the 34 best interests of the District to reject all bids. The District Board may require the bidders to 35 furnish bond with a responsible surety to be approved by the District Board. Nothing in this 36 section shall prevent the District Board from undertaking and performing the construction, 37 operation, and maintenance of any project or facility authorized by this Ordinance by the 38 employment of labor, material, and machinery. 39 40 (2) The provisions of the Consultants' Competitive Negotiation Act, Chapter 287.055, F.S. 41 apply to contracts for engineering, architecture, landscape architecture, or registered 42 surveying and mapping services let by the District Board. 43 44 (3) Contracts for maintenance services for any District facility or project shall be subject to 45 competitive bidding requirements when the amount thereof to be paid by the District 46 exceeds the amount provided in s. 287.017 for category four. The District shall adopt rules, 16 1 policies, or procedures establishing competItIve bidding procedures for maintenance 2 services. Contracts for other services shall not be subject to competitive bidding unless the 3 district adopts a rule, policy, or procedure applying competitive bidding procedures to said 4 contracts. 5 6 Section 22. Fees, rentals, and charges; procedure for adoption and modifications; 7 minimum revenue requirements 8 9 (1) The District is authorized to prescribe, fix, establish, and collect rates, fees, rentals, or 10 other charges, hereinafter sometimes referred to as "revenues," and to revise the same from 11 time to time, for the facilities and services furnished by the District, within the limits of the 12 district, including, but not limited to, recreational facilities, water management and control 13 facilities, and water and sewer systems; to recover the costs of making connection with any 14 District facility or system; and to provide for reasonable penalties against any user or 15 property for any such rates, fees, rentals, or other charges that are delinquent. 16 17 (2) No such rates, fees, rentals, or other charges for any of the facilities or services of the 18 District shall be fixed until after a public hearing at which all the users of the proposed 19 facility or services or O\\l1erS, tenants, or occupants served or to be served thereby and all 20 other interested persons shall have an opportunity to be heard concerning the proposed rates, 21 fees, rentals, or other charges. Rates, fees, rentals, and other charges shall be adopted under 22 the administrative rulemaking authority of the District, but shall not apply to District leases. 23 Notice of such public hearing setting forth the proposed schedule or schedules of rates, fees, 24 rentals, and other charges shall have been published in a newspaper in the county and of 25 general circulation in the District at least once and at least 10 days prior to such public 26 hearing. The rulemaking hearing may be adjourned from time to time. After such hearing, 27 such schedule or schedules, either as initially proposed or as modified or amended, may be 28 finally adopted. A copy of the schedule or schedules of such rates, fees, rentals, or charges 29 as finally adopted shall be kept on file in an office designated by the District Board and shall 30 be open at all reasonable times to public inspection. The rates, fees, rentals, or charges so 31 fixed for any class of users or property served shall be extended to cover any additional 32 users or properties thereafter served which shall fall in the same class, without the necessity 33 of any notice or hearing. 34 35 (3) Such rates, fees, rentals, and charges shall be just and equitable and uniform for users of 36 the same class, and when appropriate may be based or computed either upon the amount of 37 service furnished, upon the number of average number of persons residing or working in or 38 otherwise occupying the premises served, or upon any other factor affecting the use of the 39 facilities furnished, or upon any combination of the foregoing factors, as may be determined 40 by the board on an equitable basis. 41 42 (4) The rates, fees, rentals, or other charges prescribed shall be such as will produce 43 revenues, together with any other assessments, taxes, revenues, or funds available or 44 pledged for such purpose, at least sufficient to provide for the items hereinafter listed, but 45 not necessarily in the order stated: 46 17 1 (a) To provide for all expenses of operation and maintenance of such facility or 2 servIce; 3 4 (b) To pay when due all bonds and interest thereon for the payment of which such 5 revenues are, or shall have been, pledged or encumbered, including reserves for such 6 purpose; and 7 8 (c) To provide for any other funds which may be required under the resolution or 9 resolutions authorizing the issuance of bonds pursuant to this Ordinance. 10 11 (5) The District Board shall have the power to enter into contracts for the use of the projects 12 of the District and with respect to the services and facilities furnished or to be furnished by 13 the District. 14 15 Section 23. Recovery of delinquent charges 16 17 In the event that any rates, fees, rentals, charges, or delinquent penalties shall not be paid as 18 and when due and shall be in default for 60 days or more, the unpaid balance thereof and all 19 interest accrued thereon, together with reasonable attorney's fees and costs, may be 20 recovered by the District in a civil action. 21 22 Section 24. Discontinuance of service 23 24 In the event the fees, rentals, or other charges for water and sewer services, or either of 25 them, are not paid when due, the board shall have the power, under such reasonable rules 26 and regulations as the board may adopt, to discontinue and shut off both water and sewer 27 services until such fees, rentals, or other charges, including interest, penalties, and charges 28 for the shutting off and discontinuance and the restoration of such water and sewer services 29 or both, are fully paid; and, for such purposes, the board may enter on any lands, waters, or 30 premises of any person, firm, corporation, or body, public or private, within the district 31 limits. Such delinquent fees, rentals, or other charges, together with interest, penalties, and 32 charges for the shutting off and discontinuance and the restoration of such services and 33 facilities and reasonable attorney's fees and other expenses, may be recovered by the district, 34 which may also enforce payment of such delinquent fees, rentals, or other charges by any 35 other lawful method of enforcement. 36 37 Section 25. Enforcement and penalties 38 39 The District Board or any aggrieved person may have recourse to such remedies in law and 40 at equity as may be necessary to ensure compliance with the provisions of this Ordinance, 41 including injunctive relief to enjoin or restrain any person violating the provisions of this 42 Ordinance or any bylaws, resolutions, regulations, rules, codes, or orders adopted under this 43 act. In case any building or structure is erected, constructed, reconstructed, altered, repaired, 44 converted, or maintained, or any building, structure, land, or water is used, in violation of 45 this Ordinance or of any code, order, resolution, or other regulation made under authority 46 conferred by this Ordinance or under law, the District Board or any citizen residing in the 18 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 district may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct, or avoid such violation; to prevent the occupancy of such building, structure, land, or water; and to prevent any illegal act, conduct, business, or use in or about such premises, land, or water. Section 26. Suits against the District Any suit or action brought or maintained against the District for damages arising out of tort, including, without limitation, any claim arising upon account of an act causing an injury or loss of property, personal injury, or death, shall be subject to the limitations provided in s. 768.28. Section 27. Exemption of District property from execution All District-owned property shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against such property, nor shall any judgment against the District be a charge or lien on its property or revenues; however, nothing contained herein shall apply to or limit the rights of bondholders to pursue any remedy for the enforcement of any lien or pledge given by the district in connection with any of the bonds or obligations of the District. Section 28. The District is solely responsible for the implementation of special assessments upon benefited property within the District's internal boundaries and shall provide notice of said special assessments to all prospective purchasers of said property. Section 29. If any clause, or other part or application of this Ordinance shall be held in any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications which shall remain in full force and effect. Section 30. provided by law. This Ordinance shall take effect upon its' approval and signing as 19 1 2 FIRST READING this ~ day of CeIC~ ,2005. 3 4 SECOND, FINAL READING AND PASSAGE this _ day of ,2005. 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 Mayor 10 11 12 13 Vice Mayor 14 15 16 17 Commissioner 18 19 20 21 Commissioner 22 23 24 25 Commissioner 26 ATTEST: 27 28 29 30 City Clerk 31 32 33 34 35 36 37 38 39 20 !'"'1' Y-.::"" , j" ,j' \ ,< " 'Clt \x 0\ /0 ).~"-""'/~\'" IV },' ---' ,C'. Y ON Y CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL ITEM B.l Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office September 6,2005 (Noon) o October 5, 2005 [gI October 18, 2005 o November 1, 2005 o November 15,2005 September 19, 2005 (Noon) o August 2, 2005 o August 16,2005 o September 6, 2005 o September 20, 2005 July 18,2005 (Noon,) August 1,2005 (Noon) October 3, 2005 (Noon) August 15,2005 (Noon) October 17,2005 (Noon) , ,_"'1 October 31, 2005 (Noone- C-) ---: NATURE OF AGENDA ITEM o Administrative o Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business [gI Legal o Unfinished Business o Presentation "': ---0 c.=:' .:r: ;-! '.;1 :~~;-g ;-~~ RECOMMENDATION: Approve Ordinance per Chapter 2 "Administration" of the Code of Ordinances of the City of Boynton Beach to provide an updated organizational chart for the City departments and services. EXPLANATION: The City's organization chart was last amended in February, 2003. The revised organizational chart establishes responsibility with regard to utilization of municipal personnel, as well as delegation of authority, span of control and the grouping of related municipal functions. The main difference in the chart is the elimination of one Assistant City Manager position and the addition of the Utilities Director and Assistant to the City Manager positions. Also reflected in the revised organizational chart is the assumption of supervision of the Human Resources Department by the City Manager, the assumption of supervision of the Golf Course and the Public Art Administrator, by the Assistant City Manager and the addition of the Veteran's Advisory Commission under the direction of the City Commission. PROGRAM IMPACT: None FISCAL IMP ACT: All fiscal impacts are reflected in the approved 2005-2006 budget. AL TERNA TIVES: Do not approve the Ordinance as recommended and maintain current organizational chart. However, tho ,evi"d o'g.niz.!ion.1 c~ "flOC~ commi,,:on .ppmvod 2005-2006 b~ City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA lTEM REQUEST FORM,DOC ~ :I - u~ '- 01/) Q) - ... 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C CD ~ [ CD o .I ~ '0 .5 ~ S II 1 ORDINANCE NO. 05 - 2 3 AN ORDINANCE OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING CHAPTER 2, "ADMINISTRATION" 6 ARTICLE I, SECTION 2-1 TO INCORPORATE A 7 REVISED CITY ORGANIZATIONAL CHART, 8 EFFECTIVE OCTOBER 1, 2005; PROVIDING FOR 9 CONFLICTS, SEVERABILITY, CODIFICATION AND 10 AN EFFECTIVE DATE. 11' 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it 13 essential and in keeping with basic management principles that a professional organizational 14 chart providing for the highest degree of efficiency with regard to utilization of municipal 15 personnel, providing for delegation of authority, span of control, homogeneous assignment, 16 lateral coordination and the grouping of related functions, be established and adopted for the ] 7 efficient accomplishment of all municipal functions; and 18 WHEREAS, the City Administration has heretofore prepared and furnished to the 19 City Commission an appropriate table of organization which meets the above criteria; and 20 WHEREAS, the adoption of a revised organizational chart is deemed essential in 21 order to provide for the efficient daily operation of the municipal government; 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing whereas clauses are true and correct and are ratified and 25 confirmed by the City Commission. 26 Section 2. That pursuant to the Charter and the Ordinances of the City of 27 Boynton Beach, Florida, the organizational chart attached hereto and made a part hereof is 28 hereby established and adopted as the City Organizational Chart for the City of Boynton S:ICAIOrdinanceslAdministrativelOrganizational Chart 2005-06,doc II Beach, Florida. 2 Section 3. Each of the provisions of this Ordinance are separable, including word, 3 clause, phrase, or sentence, and if any portions there of shall be declared invalid, the 4 remaining portions shall not be affected, but shall remain in full force and effect. 5 Section 4. Should any section or provision of this Ordinance or any portion 6 thereofbe declared by a court of competent jurisdiction to be invalid, such decision shall not 7 affect the remainder of this Ordinance. 8 Section 5. Authority is hereby given to codify this Ordinance. 9 " Section 6. This Ordinance shall have an effective date of October 1,2005. 10 FIRST READING this _ day of_ ,2005. 11 SECOND, FINAL READING AND PASSAGE this _ day of 12 2005. 13 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 I S:\CAIOrdinanceslAdminlstrativeIOrgan,zational Chart 2DD5.D6,doc Q( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL ITEM B.2 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office 0 August 2, 2005 0 August 16, 2005 0 September 6, 2005 0 September 20, 2005 September 6, 2005 (Noon) o October 5, 2005 I2J October 18, 2005 o November 1, 2005 o November 15,2005 September 19, 2005 (Noon) July 18,2005 (Noon,) August 1,2005 (Noon) October 3, 2005 (Noon) August 15,2005 (Noon) October 17,2005 (Noon) October 31,2005 (Noon) NATURE OF AGENDA ITEM o Administrative o Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business I2J Legal o Unfinished Business o Presentation '~"J ~~:) w w '", RECOMMENDATION: --.:- .-:...!--o Sta!T ~ecommends that the City of Boynton Beach adopt the Boynton Beach Administrative Amendments to the 20~ FI~ BUlldmg Code. ' , . ~ ~ EXPLANATION: To meet the requirements of Florida Statute 553, allowing contractors and developers that work in Palm Beach County to have consistency in code application when coming to do work in Boynton Beach. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/ A AL TERNA TIVES: Apply the Florida Building Code without the Administrative Amendments tailored to the specific requirements of the City of Bo~~_ch ~ UL DeparJl6en ea's Signature City Manager's Signature Quintus L. Greene, Development Director Development Department Department Name y ity Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II 1 ORDINANCE NO. 05- 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 LAND DEVELOPMENT REGULATIONS, CHAPTER 20, 6 BUILDING, HOUSING AND CONSTRUCTION 7 REGULATIONS, SECTION 3 MINIMUM BUILDING 8 AND CONSTRUCTION STANDARDS; PROVIDING FOR 9 THE ADOPTION OF THE BOYNTON BEACH 10 ADMINISTRATIVE AMENDMENTS TO THE 2004 11 FLORIDA BUILDING CODE, AND AMENDMENTS 12 THERETO: PROVIDING FOR CONFLICTS, 13 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 14 DATE. 15 16 WHEREAS, pursuant to Chapter 553.73, Florida Statutes, the City Commission may 17 adopt amendments to the administrative provisions of the Florida Building Code, subject to 18 the limitations in said statute; and 19 WHEREAS, such amendments must be transmitted to the State within 30 days after 20 enactment of the amendments; and 21 NO'''", THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1, The foregoing whereas clauses are true and correct and are now ratified 24 and confirmed by the City Commission. 25 Section 2. Chapter 20 of the Land Development Regulations Buildings, Housing 26 and Construction Regulations, Article 1. Section 3. Minimum building and construction 27 standards is hereby amended by adding the words and figures is underlined type and by 28 deleting the words and figures in struck-through type, as follows: 29 Sec. 3. Minimum building and construction standards 30 A. The Florida Building Code ~2004, Gas, Mechanical and Plumbing Codes, 31 ~2004 Edition, and the +-9992002 National Electric Code including future II 2 3 4 5 6 7 8 9 10 11 12 13 14 15 same editions or revisions as adopted by the city, are hereby adopted by the city, are hereby adopted as the minimum Building Code for the City of Boynton Beach. B. Chapter I, Administration, as described in the Boynton Beach Amendments, and is incorporated herein the Florida Building Code MQ-l-2004, Gas Mechanical and Plumbing Codes, MG+2004 Edition, and the +9-9-92002 National Electrical Code. C. The City of Boynton Beach Administrative Amendments to the ~2004 Florida Building Code, Plumbing, Mechanical, Gas and +9992002 National Electrical Code are attached and incorporated in this documents and made a part hereof, copies shall be maintained on file in the Office of the City Clerk and shall be available to the public. D. All construction regulation fees... Section3. That ordinances or parts of ordinances in conflict herewith be and the are hereby repealed, provided that in the event of a conflict with respect to the 16 administration of the building codes, existing administrative laws or rules of the City shall 17 control. 18 Section 4. Should any section or provISIOn of this Ordinance or any portion 19 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 20 affect the remainder of this Ordinance. 21 22 23 24 Section 5. Section 6. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately II 2 FIRST READING this _ day of ,2005. 3 4 5 6 7 8 9 10 11 SECOND, FINAL READING AND PASSAGE this _ day of ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: 28 29 30 31 City Clerk 32 33 34 (City Seal) 35 36 37 S:\CA \Ordinances\Buildmg\.t\mendments to Building Code (l004),doc Vice Mayor Commissioner Commissioner Commissioner BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the 2004 FLORIDA BUILDING CODE ORDINANCE NO. 05- IEFFECTIVE OCT. 1, 2005 BEGINNING WITH PERMIT NO. 05-5699 Words underlined are additions Words with strikeouts are deletions City of Boynton Beach Department of Development Building Division 100 East Boynton Beach Blvd. PO Box 0310 Boynton Beach, Florida 33425-0310 (561) 742-6350 FAX (561) 742-6357 TABLE OF CONTENTS Page ADMINISTRATIVE CODE (Applies to all Construction Codes) CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 102 APPLICABILITY 103 BUILDING DIVISION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 105 PERMITS 106 CONSTRUCTION DOCUMENTS 107 TEMPORARY STRUCTURES AND USES 108 FEES 109 INSPECTIONS 110 CERTIFICATES AND BUILDING USE 111 TESTS 112 BUILDING BOARD OF ADJUSTMENT & APPEALS 113 SEVERABILITY 114 VIOLATIONS AND PENALTIES 115 Reserved 116 WIND LOADS 1 2 5 6 9 17 25 25 28 35 37 37 39 39 39 39 S:\DevelopmentIBUILDINGIORDINANCES & AMENDMENTSITsble of Contents to 2004 Amendments.doc SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Florida Building Code, hereinafter referred to as "this code," 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures as herein amended by in that local iurisdiction. Exceptions: 1. Detached one- and two-family dwellings and multiple single-family dwellings (town houses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Florida Building Code, Residential. 2, Existing buildings undergoing repair, alterations or additions and change of occupancy shall comply with Chapter 34 of this code the Florida Buildinq Code, Existinq Buildinq. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Qualitv control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Permittina and inspection. The permittinQ or inspection of any buildinQ, system or plan by this iurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such buildinQ, svstem or plan or their adequacy. This iurisdiction shall not be liable in tort for damaQes or hazardous or illeQal condition or inadequacy in such buildinQ, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permittinQ. Further, no BuildinQ Department employee shall be liable in tort for damaQes from such conditions, in accordance with Section 768.28(9)(a), Florida Statutes, as may be amended. 101.4 Referenced Standards. Standards referenced in the technical codes shall be considered an inteQral part of the codes without separate adoption. If specific portions of a standard are denoted by code text, onlv those portions of the standard shall be enforced. Where code provisions conflict with a standard, the code provisions shall be enforced. Permissive and advisory provisions in a standard shall not be construed as mandatory. The Land Development ReQulations of the Boynton Beach Code of Ordinances have been adopted bv Ordinance 95-02 and shall set additional construction standards. 101.4.1 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 1 101.4.2 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.3 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.4 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.5 Reserved, 101.4.6 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.7 Energy. The provisions of Chapter 13 of the Florida Building Code, Building shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.8 Accessibility. For provisions related to accessibility, refer to Chapter 11 of the Florida Building Code, Building. 101.4.7 Federal and State authority. The provisions of this code shall not be held to deprive any Federal or State aaency. or any applicable aovernina authority havina iurisdiction. of any power or authority which it had on the effective date of the adoption of this code or of any remedy then existina for the enforcement of its orders. nor shall it deprive any individual or corporation of its leaal riahts as provided by law. SECTION 102 APPLICABILITY 102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, 2 construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the siting of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. In addition to the requirements of this code, there may be other reaulations by other agencies affectina details of development, buildina desian and construction, such as. but not limited to: OTHER AGENCIES Federal & State DEP State Health Department TOPICS REGULATED Wetlands Permitting Wells & Septic Systems Commercial Building Security Flood Damage Prevention Ordinance City of Bovnton Beach Code of Ordinances Land Development Regulations Zero Lot Line Homes Townhouses Roof Overhangs in Easements Patio Screens and Roofs Setbacks Height Measurement 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in Chapter 34 of this code the Florida Buildina Code. Existing Building. The following buildings, structures and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad, (c) Nonresidential farm buildings on farms. (d) Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of Part 11.1 fSection 553.501-553.513, Florida Statutest.. relating to accessibility by persons with disabilities. Permits shall be required for structural support and tie down, electric supply and all utility connections shall apply to such mobile or modular structures. (f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. (g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. 3 102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes, facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements of the federal government. 102.2.2 Residenti31 buildings or structures Buildinos or structures for residential uses moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: 1. The building or structure is structurally sound for wind speed requirements of the new location and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of orioinal construction and are operational and safe for reconnection; and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Bui!d!ng Code, Building Florida Statutes for all residenti31 buildings or structures of the same-residential occupancy class. 102.2.3 The building official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code, 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.5 Reserved. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, or the Florida Fire Prevention Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 4 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1,2002), the wind speed map of the Florida Building Code shall be applicable, SECTION 103 BUILDING DIVISION 103.1 Establishment. There is hereby established a division to be called the buildina division and the person in charae shall be known as the buildina official. All code officials employed by the division shall be certified in accordance with Chapter 468. Part XII. Florida Statutes. 103.2 Employee aualifications 103.2.1 Buildina official's aualifications. The buildina official shall have at least ten years combined experience as an architect. enaineer. construction code official. contractor or construction superintendent with at least five years of such experience in supervisory positions. The buildina official shall be certified as a buildina official or buildina code administrator by the State of Florida. 103.2.2 Chief inspector aualifications. The buildina official. with the approval of the aovernina authority. may desianate chief inspectors to administer the provisions of the Buildina. Electrical. Gas, Mechanical. Plumbina. Residential. and Existina Buildina Codes Each chief inspector shall have at least ten years combined experience as an architect. enaineer, construction code official. contractor or construction superintendent with at least five years of such experience in supervisory positions. The chief inspector sh::lll be certified for the appropriate tr::lde bv the St::lte of Florida. 103.2.3 Plans examiner and inspector aualifications. The buildina official. with the approval of the applicable aovernina authority. may appoint or hire such number of officers, plans examiners. inspectors. assistants and other employees as shall be authorized from time to time. A person shall not be appointed or hired as a plans examiner or inspector of construction who has not had at least five years experience as a buildina inspector, enaineer, architect. or as a superintendent. foreman. or competent mechanic in charae of construction. in the correspondina trade. The plans examiners and inspectors shall be certified, throuah the State of Florida for the appropriate trade. 103.2.4 Deputy buildina official aualifications, The buildina official may desianate as a deputy an employee in the department who shall. durina the absence or disability of the buildina official. exercise all the powers of the buildina official. The deputy buildina official shall have the same aualifications listed in 103.2.1. 103.3 Restrictions on emplovees. An officer or employee connected with the department. except one whose only connection is as a member of the board established by this code, shall not be financially interested in the furnishina of labor, material. or appliances for the construction. alteration. or maintenance of a buildina. structure. service. system. or in the makina of plans or of specifications thereof. unless he/she is the owner of such. This officer or 5 employee shall not enoaoe in any other work which is inconsistent with their duties or conflict with the interests of the department or which utilizes the technical knowledoe used in their employment except as instructors. 103.4 Records. The buildino official shall keep. or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection. 103.5 Reports. The buildino official may submit annually a report coverino the work of the buildino department durino the precedino year. He/she may incorporate in said report a summary of the decisions of the Board of Adiustments and Appeals durino said year. 103.6 Liabilitv. Any current or former officer or employee. or member of the Buildino Board of Adiustments and Appeals. charoed with the enforcement of this code. actino for the applicable oovernino authority in the discharoe of their duties. shall not thereby render himself personallv liable. and is hereby relieved from all personal liability. for any damaoe that may accrue to persons or property as a result of any act reQuired or permitted in the discharoe of their duties. Any suit brouoht aoainst any current or former officer or employee or member. because of such act performed in the enforcement of any provision of this code. shall be defended by leoal council appointed by the aoencv or applicable oovernino authority until the final termination of the proceedinos. SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 104.7 104.8 Reserved, 104.1 General. The buildino official is hereby authorized and directed to enforce the provisions of this code. The buildino official is further authorized to render interpretations of this code. which are consistent with its spirit and purpose. 104.2 Riaht of entry 104.2.1 Whenever necessary to make an inspection to enforce any of the provisions of this code. or whenever the buildino official has reasonable cause to believe that there exists in any buildino or upon any premises any condition or code violation which makes such buildinQ, structure, premises, electrical. oas. mechanical or plumbina systems unsafe. danaerous or hazardous. the buildino official may enter such buildino. structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the buildino official by this code. If such buildino or premises are occupied, he/she shall first present proper credentials and reQuest entry. If such buildina. structure. or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons havina charae or control of such and reQuest entry. If entry is refused. the buildino official shall have recourse to every remedy provided by law to secure entry. 104.2.2 When the buildino official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry. no owner or occupant or any other persons havino charae, care or control of any buildina. structure. or premises shall fail or nealect. after proper reQuest is made as herein provided, to promptlv permit entry therein bv the buildina official for the purpose of inspection and examination pursuant to this code. 104.3 Stop work orders. Upon notice from the buildina official. work on any buildina. structure, electrical. oas. mechanical or plumbina system that is beina done contrary to the provisions of 6 this code or in a danQerous or unsafe manner. shall immediatelv cease. Such notice shall be in writinQ and shall be Qiven to the owner of the property. or to their aQent. or to the person doinQ the work. and shall state the conditions under which work may be resumed. Where an emerQencv exists, the buildinQ official shall not be required to Qive a written notice prior to stoppinQ the work. 104.4 Revocation of permits 104.4.1 Misrepresentation of application. The buildinQ official may revoke a permit or approval. issued under the provisions of this code. in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 104.4.2 Violation of code provisions. The buildinQ official may revoke a permit upon determination bv the buildinQ official that the construction. erection. alteration. repair. movinQ. demolition. installation. or replacement of the buildinQ. structure. electrical. Qas, mechanical or plumbinQ systems for which the permit was issued is in violation of, or not in conformity with. the provisions of this code. 104.5 Unsafe buildinas or systems. All buildinQs. structures. electrical. Qas. mechanical or plumbinQ systems which are unsafe, unsanitary, or do not provide adequate eQress, or which constitute a fire hazard. or are otherwise danQerous to human life. or which in relation to existinQ use. constitute a hazard to safety or health. are considered unsafe buildinQs or service systems. All such unsafe buildinQs, structures or service systems are hereby declared illeQal and shall be abated bv repair and rehabilitation or bv demolition in accordance with the this Code. The extent of repairs shall be determined bv the buildinQ official. When the buildinQ official determines that an unsafe buildinQ. structure or service system cannot be reasonablv repaired in accordance with this or the technical codes. it shall be demolished in accordance with this section. 104.5.1 When the buildinQ official determines a buildinQ. structure. electrical, Qas. mechanical or plumbinQ system or portion thereof is unsafe. as set forth in this Code he/she shall, in accordance with established procedure for leQal notices. Qive the owner. aQent or person in control of such buildinQ. structure. electrical. Qas. mechanical or plumbinQ system written notice statinQ the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements. or to demolish and remove the buildinQ, structure. electrical. Qas. mechanical or plumbinQ system or portion thereof. 104.5.2 If necessary. such notice shall also require the buildinQ. structure. electrical. Qas. mechanical. plumbinQ systems or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed. inspected and approved bv the buildinQ official. The buildinQ official shall cause to be posted at each entrance to such buildinQ a notice statinQ: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person. firm or corporation or its officers. aQents. or other servants. to remove such notice without written permission of the buildina official. or for any person to enter the buildina. or use such systems except for the purpose of makinQ the required repairs or of demolishinQ same. 7 104.5.3 The owner. aaent or person in control shall have the riaht to appeal from the decision of the buildina official. as provided hereinafter. and to appear before the Construction Board of Adiustments and Appeals at a specified time and place to show cause why he should not comply with said notice. 104.5.4 In case the owner. aaent. or person in control cannot be found within the stated time limit. or. if such owner. aaent. or person in control shall fail. nealect. or refuse to comply with notice to repair. rehabilitate. or to demolish. and remove said buildina. structure. electrical. aas. mechanical or plumbina system or portion thereof. the buildina official. after havina ascertained the cost. shall cause such buildina. structure. electrical. aas. mechanical or plumbina system or portion thereof, to be demolished. secured. or reauired to remain vacant or unused. 104.5.5 The decision of the buildina official shall be final in cases of emeraency. which. in the opinion of the buildina official. involve imminent danaer to human life or health, or the property of others. He/she shall promptly cause such buildina. structure. electrical. aas. mechanical or plumbina system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands. or abuttina land or structures. with such assistance and at such cost as he may deem necessary. He/she may order the vacatina of adiacent structures and may reauire the protection of the public by appropriate fence or such other means as may be necessary. and for this purpose may close a public or private way. 104.5.6 Costs incurred under 104.5.4 and 104.5.5 shall be charaed to the owner of the premises involved. If charaes are not paid within a ten (10) day period followina the billina notification sent by certified mail. the owner of the premises will be charaed in the followina manner: 1. The buildina official shall assess the entire cost of such vacation. demolition. or removal aaainst the real property upon which such cost was incurred. which assessment shall include but not be limited to all administrative costs, postal expenses. newspaper publication. and shall constitute a lien upon such property superior to all others except taxes. 2. The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showina the nature of such lien. the amount thereof and an accurate leaal description of the property. includina the street address. which lien shall be effective from the date of filina and recite the names of all persons notified and interested persons. After three (3) months from the filina of any such lien which remains unpaid. the aovernina body may foreclose the lien in the same manner as mortaaae liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of ten (1 Q) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the aovernina aaency. 104.6 Reauirements not covered bv code. Any reauirements necessary for the strenath. stability or proper operation of an existina or proposed buildina. structure, electrical, aas. mechanical or plumbina system. or for the public safety. health and aeneral welfare, not specifically covered by this or the other technical codes. shall be determined by the buildina official. In addition, other reauirements to implement. clarify or set procedures to accomplish the intent of this code may be set in writina by the buildina official and may be posted electronically for public access. 104.7 Reserved, 8 104.8 Reserved, 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials that meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.1 0 Reserved. 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety systems are designed, the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, or other methods approved by the building official may be used, The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. 104.11.3 Accessibility. Alternative designs and technologies for providing access to and usability of a facility for persons with disabilities shall be in accordance with Section 11.2.2. SECTION 105 PERMITS 105.1 Permit application 105.1.1 When reauired. Any owner. authorized acent. or contractor who desires to construct. enlarce. alter. repair. move. demolish. or chance the occupancy of a buildinc or structure. or to erect. install. enlarce, alter, repair, remove. convert or replace any electrical. cas. mechanical or plumbinc system. the installation of which is reculated by the technical 9 codes. or to cause any such work to be done. shall first make application to the buildina official and obtain the reQuired permit for the work. Permit applicants shall be properly Qualified under the laws reaulatina the certification and licensina of contractors. or be exempt there from. Permit applicants shall be competent in all technical work and codes under their direct supervision as determined by the buildina official or desianee. A permit shall be required for, but not limited to, the following as determined by the building official: Buildings/Structures - Construct, erect, enlarge, alter, move, remove, relocate, demolish or change the occupancy of any building, or portion thereof. Service Systems - Install, enlarge, alter, repair, improve, remove, convert or replace any electrical, gas, mechanical, or plumbing system work or cause the same to be done. Roofing - Install, replace, or resurface roofing, or make repairs. If during any 12-month period more than 25% of a roof is removed, repaired, or recovered, then the entire roof shall comply with the requirements of the technical codes. Windows & Doors - Install or replace windows or doors including frames, shutters, awnings, canopies, or similar items. Barriers & Signs - Erect or replace fences, walls, signs, or sign structures. Antennas, Mast or Poles - Install or replace masts, towers for television or radio receiving- transmitting antenna extending more than ten feet above the last anchorage, satellite dish antennas, flag poles, exterior lighting or similar items. Pools - Install swimming pool, wading pool, or spas, above or below ground, unless otherwise exempted. Fuel Tanks - Install or replace gasoline, fuel, oil, bottled gas, oxygen, nitrous oxide, or similar liquid or gaseous storage tanks, pumps, and related equipment, above or below ground in a capacity of more than five gallons. Surfaces - Construct, replace or resurface asphalt or concrete driveways, parking areas, hardstands, or sidewalks. Marine Facilities - Install or replace docking mooring facilities for private or commercial watercraft, groins, sea walls, jetties, revetments, or similar structures and facilities related thereto. Fire Prevention/Suppression - Install, replace, or relocate fire sprinkler, fire alarm, smoke detection, or similar fire prevention and protection systems and related equipment or appurtenances. Exceptions: Ordinary minor repairs, installation or replacement may be made with the approval of the building official without a permit. Installation shall be done in accordance with the manufacturer's specifications when not in conflict with this or the technical Codes. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or the technical codes or any other laws or ordinances of the applicable governing body. Building. Building permits may not be required for replacement or repair work having value of less than $1,000, providing, however, that such work will not effect the structural integrity, fire rating, exit access or egress requirements. 10 Mechanical. Permits may not be required for the following mechanical work: 1. Any portable heating appliance. 2. Any portable ventilation equipment. 3. Any portable cooling unit. 4. Any steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part which does not alter its approval or make it unsafe. 6. Any portable evaporative cooler. 7. Any self-contained refrigeration system containing ten pounds or less of refrigerant and actuated by motors of one-horsepower or less. Electrical, Gas & Plumbing. In a one and two-family dwelling, a permit may not be required for the following: 1. Repair, installation or replacement of common household fixtures to existing energy supply lines and outlets. Existing energy supply lines shall not be altered or extended. 2. Repair or replacement of common household electrical switches and outlets on the load side of the electrical source. 3. Repair, installation or replacement of common household plumbing fixtures to existing supply lines and outlets. Existing supply lines shall not be altered or extended. This does not include water heaters. 105.1.2 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Buildino permits and roofino permits are not required for replacement or repair work havino value of less than $1,500. providino however, that such work will not effect the structural inteority, fire ratino. exit access or eoress requirements. Exceptions: Ordinary minor repairs. installation or replacement may be made with the approval of the buildino official without a permit. Installation shall be done in accordance with the manufacturer's specifications when not in conflict with this or the technical Codes. Exemption from the permit requirements of this code shall not be deemed to orant authorization for any work to be done in any manner in violation of the provisions of this code or the technical codes or any other laws or ordinances of the applicable oovernino body. Buildina. Buildino permits may not be required for replacement or repair work havino value of less than $1.000, providino. however, that such work will not effect the structural intearitv. fire ratina, exit access or eoress requirements. In the case of roofino repairs. a permit may not be required for work havino a value of less than $500, unless such work effects the structural inteority of the roof. Mechanical. Permits may not be required for the followina mechanical work: 11 1. Anv portable heatino appliance. 2. Anv portable ventilation equipment. 3. Anv portable coolino unit. 4. Anv steam. hot or chilled water pipina within any heatina or coolino equipment reoulated bv this code. 5. Replacement of any part which does not alter its approval or make it unsafe. 6. Anv portable evaporative cooler. 7. Anv self-contained refrioeration system containino ten pounds or less of refrioerant and actuated bv motors of one-horsepower or less. Electrical. Gas & Plumbina. In a one and two-familv dwellino. a permit mav not be required for the followino: 1. Repair, installation or replacement of common household fixtures to existino enerav supplv lines and outlets. Existino enerav supplv lines shall not be altered or extended. 2. Repair or replacement of common household electrical switches and outlets on the load side of the electrical source. 3. Repair. installation or replacement of common household plumbina fixtures to existino supplv lines and outlets. Existino supplv lines shall not be altered or extended. This does not include water heaters. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. Prior notification shall be aiven to the buildina official includino the work address, nature of emeroencv and scope of work. 105.2.2 Minor repairs. Ordinary minor repairs or installation of replacement parts may be made with the ~ approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall not include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Temporary structures. A special buildina permit for a limited time shall be obtained before the erection of temporary structures such as construction sheds. seats, canopies. tents and fences used in construction work or for temporary purposes such as reviewina stands. Such structures shall be completelv removed upon the expiration of the time limit stated in the permit. 105.2.4 Work authorized. A building, electrical, gas, mechanical or plumbing permit shall carry with it the right to construct or install the work, provided the same are shown on the drawings and set forth in the specifications filed with the application for the permit. Where these are not shown on the drawings and covered by the specifications submitted with the application, separate permits shall be required. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the building department for that purpose. The owner, or an authorized aaent shall sian the application. Permit application forms shall be in the form:Jt 12 prescribed by :J 10c:JI :Jdministr:Jtive bO:Jrd, if :Jpplic:Jble, :Jnd must comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the latest edition of Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefore. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the building official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, state community college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges, and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Electrical documents for any new building or addition which requires an aggregate service capacity of 600 amperes (240 volts) or more on a residential electrical system or 800 amperes (240 volts) or more on a commercial or industrial electrical system and which costs more than $50,000. 2. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $50,000. 3. Fire sprinkler documents for any new building or addition that includes a fire sprinkler system which contains 50 or more sprinkler heads. A Contractor I, Contractor II, or Contractor IV, certified under Section 633.521 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 4. Heating, ventilation, and air-conditioning documents for any new building or addition that requires more than a 15-ton-per-system capacity that is designed to accommodate 100 or more persons or for which the system costs more than $50,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural 13 part of the building or for work on a residential one, two, three or four-family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of $50,000 or less; and when a 15-ton-per system or less is designed for a singular space of a building and each 1S-ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1: When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. Example 2: Consider a small single-story office building that consists of six individual offices where each office has a single three-ton package air conditioning heat pump. The six heat pumps are connected to a single water-cooling tower. The cost of the entire heating, ventilation and air-conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. A mechanical or air conditioning contractor therefore could not design it. Note: It was further clarified by the Florida Buildino Commission that the limiting criteria of 100 persons and $50,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 5. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned -1-SO six months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each not to exceed three extensions. After the third extension, appeal may be made to the Buildino Board of Adiustment and Appeals for any additional extensions. The extension shall be requested in writing prior to the abandonment date and justifiable cause demonstrated. Abandoned applications shall be subiect to destruction in accordance with state law. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits 14 required from other governmental entities such as water management districts, state agencies, or federal agencies." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes. 105.3.6 Asbestos removal. Moving, removal or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within one year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.4 Conditions of the permit. 105.4.1 Permit intent. A permit issued shall be constructed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid expire unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit is not obtained within 48Q six months from the date the initial permit became null and void, the building official is authorized to require that any work that has been commenced or completed be removed from the building site. Alternately, 15 a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date if issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within +8Q six months. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process. The buildino official is authorized to arant. in writina, one or more extensions of time. for periods not more than 90 days each. The extension shall be requested in writina and iustifiable cause demonstrated, prior to expiration. 105.4.1.4 The fee for renewal re-issuance of a permit shall be set forth by the administrative authority. 105.5 Reserved. 105.6 Reserved. 105.7 Placement of permit. The building permit or copy sh:J1I be kept on the site of the work until the completion of the project. Placina of permit. Work reQuirino a permit shall not commence until the permit holder or his aaent places the permit card and all related documents in a conspicuous place on the premises. AU- The permit card and all related documents shall be protected from the weather and located in such position as to allow the buildino official or representative to convenientlv make the required entries thereon. AU The permit and all related documents shall be maintained in such position bv the permit holder until the Certificate of Occupancy or Completion is issued bv the buildino official. 105.8 Notice of commencement. As per Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 18-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit or plan for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. 105.10 Certificate of protective treatment for prevention oftermites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. 16 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for re-inspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Foundation or phased permit approval. After submittal of the appropriate construction documents, the building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. 105.13 Affidavits. The buildino official may accept a sworn affidavit from a reoistered architect or enaineer statina that the plans submitted conform to the technical codes. For buildinos and structures, the affidavit shall state that the plans conform to the laws as to eoress, type of construction and oeneral arranoement and, if accompanied bv drawinas, show the structural desian and that the plans and desion conform to the requirements of the technical codes as to strenoth, stresses, strains, loads and stabilitv. The buildino official may without any examination or inspection accept such affidavit. provided the architect or enoineer who made such affidavit aarees to submit to the buildina official copies of inspection reports as inspections are performed and upon completion of the structure, electrical. oas. mechanical or plumbino systems a certification that the structure, electrical. oas, mechanical or plumbino system has been erected in accordance with the requirements of the technical codes. Where the buildina official relies upon such affidavit. the architect or enoineer shall assume full responsibilitv for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The buildina official shall ensure that any person conductina plans review is Qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conductina inspections is Qualified as a buildina inspector under Part XII of Chapter 468. Florida Statutes. Nothino aforesaid shall preclude plan review or inspections bv the buildina official. SECTION 106 CONSTRUCTION DOCUMENTS 106.1 Submittal documents. Construction documents, special inspection and structural observation programs, and other data shall be submitted in GAe two or more sets with each application for a permit. The construction documents shall be prepared by a design professional where required by the statutes. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. If the design professional is an architect or engineer legally registered under the laws of this state regulating the practice of architecture as provided for in Chapter 481, Florida Statutes, Part I, or engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official seal. sianature and date to said drawings, specifications and accompanying data, as required by Florida Statute. If the design professional is a landscape architect registered under the laws of this state regulating the practice of landscape architecture as 17 provided for in Chapter 481, Florida Statutes, Part II, then he or she shall affix his or her seal... sianature and date to said drawings, specifications and accompanying data as defined in Section 481.303(6)(a)(b)(c)(d), FS. 106.1.1 I nformation on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are allowed to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official (see also Section 106.3.5). 106.1.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 106.1.1.2 For roof assemblies required by the code, the construction documents shall illustrate, describe, and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer for the specific site must be submitted with the construction documents. 106.1.2 Reserved. Additional data. The buildina official may require details, computations, stress diaarams, and other data necessary to describe the construction or installation and the basis of calculations. All drawinas, specifications and accompanvino data required bv the buildino official to be prepared bv an architect or enaineer shall be affixed with their official seal. sionature and date as state law requires. 106.1.3 Reserved. Qualitv of buildina plans. Buildino plans shall be drawn to a minimum 1/8 inch scale upon substantial paper, cloth or other acceptable medium. The buildina official may establish throuah departmental policv, other standards for plans and specifications, in order to provide conformity to its record retention prooram. This policv may include such thinos as minimum size, shape, contrast. claritv, or other items related to records manaoement. 106.2 Reserved. 106.3 Examination of documents. The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Section 553.77(3), Florida Statutes, and state- approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly (includina utilitv crossover connections) and construction at the site are subject to local permitting and inspections. 18 2. Industrial construction on sites where design, construction and fire safety are supervised by :Jppropri:Jte licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to 10c:J1 government GJ*ieR approval of the buildino official, from review of plans and inspections, providing owners the appropriate licensed desian and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be :Jppro'led endorsed, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 106.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 106.3.3 Reserved. Product approvals. Those products which are reoulated bv DCA Rule 9B-72 shall be reviewed and approved in writino bv the desioner of record prior to submittal for iurisdictional approval. 106.3.4 Structural and fire resistance integrity. Plans for all buildings shall indicate how required structural and fire resistance integrity will be maintained where a penetration of a required fire resistant wall, floor or partition will be made for electrical, gas, mechanical, plumbing and communication conduits, pipes and systems. Such plans shall also indicate in sufficient detail how the fire integrity will be maintained where required fire resistant floors intersect the exterior walls and where joints occur in required fire resistant construction assemblies. 106.3.4.1 Site drawings. Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot. The building official may require a boundary line survey, or other survey, prepared by a qualified surveyor. Surveys shall be prepared in accordance with provisions of Chapters 177 and 472 Florida Statutes, and Rule 61G17, Florida Administrative Code. 106.3.4.2 Reserved. 106.3.4.3 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, Florida Statutes, or Chapter 481 Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies 19 may accept or reject plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes. 106.3.5 Minimum plan review criteria for buildings. The examination of the documents by the building official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; and all exterior elevations: 106.3.5.1 Commercial Buildings: 106.3.5.1.1 Building 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydranUwater supply/post indicator valve (PIV) Set back/separation (assumed property lines) Location of specific tanks, water lines and sewer lines 2. Occupancy group and special occupancy requirements shall be determined. 3. Minimum type of construction shall be determined (see Table 503). 4. Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draft stopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 6. Life safety systems shall be determined and shall include the following req uirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic 7. Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements 20 Horizontal exits/exit passageways 8. Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope Structural calculations (if required) Foundation Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9. Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofing Insulation 10.Accessibility requirements shall include the following: Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11.lnterior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation Sanitation 12. Special systems: Elevators Escalators Lifts 13. Swimming pools; Plans shall detail compliance with Section 424 of the Florida Building Code and Department of Health requirements. Proper site plan is also required. 106.3.5.1.2 Electrical 1. Electrical: Wiring Services 21 Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCls 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 106.3.5.1.3 Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage S. Water heaters 6. Vents 7. Roof drainage 8. Back-flow prevention 9. Irrigation 10.Location of water supply line 11.Grease traps 12.Environmental requirements 13.Plumbing riser 106.3.5.1.4 Mechanical 1. Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof-mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10.Chimneys, fireplaces and vents 11.Appliances 12.Boilers 13. Refrigeration 14.Bathroom ventilation 15. Lavoratory 106.3.5.2 Gas 1. Gas piping 2. Venting 3. Combustion air 22 4. Chimneys and vents S. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagramlshutoffs 106.3.5.3 Demolition 1. Asbestos removal 106.3.5.3.1 Enaineerina 1. Storm water drainaoe system and other requirements of the Enoineerino Division. 106.3.5.4 Residential (one- and two-family) Buildina 1. Site requirements Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Fire 4. ~Smoke detector locations 5. 1. Egress: Egress window size Location stairs construction requirements (i~Structural requirements shall include: Wall section from foundation through roof Assembly and materials Connector tables Wind requirements Structural calculations (if required) +. ~Accessibility requirements: Show/identify accessible bath 7. Electrical: Electric service riser Wire sizes Conduit detail Groundina detail Complete load calculations Panel schedules Service eauipment Panel locations 8. Mechanical Enerav calculations Exhaust systems -clothes dryer exhaust -kitchen eauioment exhaust -specialtv exhaust svstems Eauipment Eauipment location Make-up air Roof-mounted eauipment 23 Duct systems Ventilation Combustion air Chimnevs, fireplaces and vents Appliances Boilers Refriaeration Bathroom ventilation Enerov calculations.. Equipment and location, Duct systems 9. Plumbina Minimum plumbino facilities Fixture requirements Water supplv pipina Sanitary drainaoe Water heaters Vents Roof drainaae Back flow prevention Irriaation Location of water supplv line Environmental requirements Plumbino riser 10. Gas Gas pipino Ventina Combustion Chimneys and vents Appliances Tvpe of aas Fireplaces LP tank location Riser diaaram/shut-offs 1L Enoineerino An enqineered storm water plan for construction of more than 800 square feet of impervious area 106.3.5.5 Swimming pools: Barrier requirements Spas Wading pools 106.3.5.6 Exemptions. Plans examination by the building official shalf not be required for the following work: 1. Exact replacement of existing equipment such as mechanical units, water heaters, etc. 2. Re roofs ~~. Minor electrical, plumbing and mechanical repairs 4-~. Annual maintenance permits &4. Prototype plans Except for local site adaptations, siding, foundations and/or modifications Except for structures that require waiver. 24 9-Q. Manufactured buildings plans except for foundations and modifications of buildings which are constructed on site. 106.4 Amended construction documents. Work shall be installed in accordance with the approved reviewed construction documents, and any changes made during construction that are not in compliance with the approved reviewed construction documents shall be resubmitted for approval review as an amended set of construction documents. 106.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 d:JYs from d:Jte of completion of the permitted 'Nork, or as required by Florida Statutes. SECTION 107 TEMPORARY STRUCTURES AND USES 107.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 107.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare. 107.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in Chapter 27 of the Florida Building Code, Building. For new construction the buildino official may authorize earlv power once all forms, inspections, policies. and feed have been paid for and complied with. 107.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. SECTION 108 FEES 108.1 Prescribed fees. A permit shall not be issued until all fees prescribed in Section 104.7 inclusive have been paid. 108.2 Permit fees. For construction that includes buildina systems, structures. electrical systems, plumbina systems, mechanical systems, aas svstems or other systems involvino site improvements that require a permit. a permit fee and, where applicable, other fees will be established. These fees will be required to be paid bv the applicant before the permit will be issued orior to oermit issuance. The basis for determinina the oermit fee is established bv City resolution. The City resolution document titled Fees for Land Develooment Related Activities contains the factor used to determine the permit fee. This factor is identified in the cateaorv- titled Buildina and Construction Permits. The dollar :Jmount cost of the permit fee is established bv multiplvina the value of the construction that is shown on the plan(s) submitted f-or permit aoolication bv the permit fee factor. Permit fees are not refundable. City resolutions are ratified 25 bv the City Commission and periodicallv may be amended pursuant to the code, ordinances or reoulations that are used to establish a resolution. 108.3 Other fees. A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees, water and sewer capital facility fees, Fire Department fees, Palm Beach County Impact fees and State of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Department fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances. The city collects Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). 108.4 Plan filing fee. A plan-filino fee shall be paid at the time of filino a permit application. The plan-filina fee is part of the permit fee and is deducted from the total amount of the permit fee. The dollar amount of the plan-filino fee is determined bv multiplvino the estimated dollar value of the construction that is specified bv the :Jpplic:Jnt on the permit :Joolication bv the permit fee factor and then multiplies that total dollar amount bv 30 percent. The plan-filino fee is not refundable. 108.5 Work commencing before permit issuance. Anv person who starts work that requires a permit before obtaininQ the necessary permit(s) shall be subiect to a penaltv of four times the permit fee that is required for the work. The buildina official shall have the authoritv to waive the oenaltv fee uoon written aooeal from the aoolicant. 108.6 Permit revision and revision fees. When the applicant chanoes the construction from what was illustrated on the permitted plans, or is advised bv the buildina official to revise plans, he/she shall complete a permit revision application form and submit two sets of revised drawinos that depict the proposed chanae(s). Following ~ city approval of the revised workino drawinos and receiot of the applicant pavina the appropriate permit revision fee. a permit revision will be issued. The permit revision will allow the construction that is associated '.'lith the permit to continue. The 00Uaf amount of the permit revision fee is established bv multiplvinQ the total dollar value of the revised construction that is identified bv the applicant on the permit revision application bv the permit fee factor. The total permit revision fee is not refundable and the tot:J1 permit revision fee is due at the time the permit revision application is submitted. Final inspection :Jpproval shall not be ar:Jnted approved for any permit that has WQIk when a permit revision tRat has not been issued. 108.7 Accounting. The buildina official shall keep a permanent and accurate accountino of all permit fees and other monies collected for a permit. The names of persons upon whose account the permit was paid, alono with the date and amount thereof, will be on record. 108.9 Buildina permit valuations 108.9.1 Value of construction. The dollar amount of a permit fee is based on the value of the construction multiolied bv the oermit fee factor. The value of construction is the total dollar value of the followina elements: value of work associated with structural. electrical. plumbina. mechanical. interior finishes, normal site preparation, oavina. drainaae. landscaoe irriaation (excavation and backfill for the buildina); fees for architecture and desian services: the total of overhead and profit. 26 108.9.2 Determinina value of construction. The value of construction is the total dollar value of all construction proposed with a request for permit. The value of construction for new buildinas and/or additions to existina buildinas that increase the floor area b'.' eXP:Jndina exterior walls or addino :J stOry shall be determined bv usino the hiaher value between the two followino computed values of construction - the value established bv usina the current ICC Buildina Valuation Data chart for averaae construction or the value that is established bv the applicant's estimate. The applicant's value of construction shall be specified on the permit application. The value of construction for improvements that are not considered new buildinos and/or additions to existina buildinos shall be the value of construction tJ::l.at.4s established bv the applicant's estim:Jte actual cost. The applicant's vak:Ie ~ of construction shall be specified on the permit application. The value of construction for improvements not listed or identified in section 108.9.1 such as, but not limited to, site c1earino and orubbino, drainaae. site excavation, site fill, irrioation, landscapina, pavino, sion, site liahtina and special structural. electrical. plumbino and mechanical systems shall be the value of construction that is established bv the applicant's estimate. The applicant's value of construction shall be specified on the permit application. The value of construction for all improvements shown on the plans submitted for permit(s) shall be included in determinina determine the total permit fee. In all cases, the value of construction estimated bv the applicant shall include the dollar value of all the elements listed in Section 108.9.1. The ICC Buildina Valuation Data is based on the elements listed in Section 108.9.1. 108.9.3 Applvina the ICC valuation of construction. The ICC Buildina Valuation Data chart is produced twice a year :Jnd published in the document entitled Southern Buildina. To determine the value of construction usina the ICC Buildina Valuation Data chart. applv the followino: find on the chart the Occupancy Classification and Tvpe of Construction that matches that which is identified on the approved plans submitted for permit. take the averaae per foot value for the appropriate occupancy classification and type of construction. and multiplv that dollar value bv the reoional modifier for Florida and then multiplv that total square foot v:Jlue bv the aross floor area of the buildino. To determine the value of construction for residential occupancy classifications, applv 100% of the averaae per foot value for the aross floor area of livino space, applv 50% of the averaae per foot value for the oross floor area of aaraaes and other areas as determined bv the buildino official or his/her desionee and applv 25% of the averaoe per foot value for aross floor area of opened roofed area. The buildina valuation data chart includes values for unfinished basements, fire sprinklers, elevators and, where applicable, they shall be added to the other values to determine the total value of construction. For special occupancy classifications not listed in the ICC Valuation Chart, the value of construction shall be based on the CQ.St estimate that the applicant specifies on the permit application. 108.9.4 Valuation. If, in the opinion of the buildino official and/or the buildino official's desion:Jted represent:Jtive desianee, there is a Question reaardina the valuation of the construction that the applicant identified soecified on the permit application. the permit shall be denied unless .u.ntil the applicant GaR provides written detailed estimates, and/or a bona fide sianed contract for the proposed improvements. The detailed estimates and/or bona fide sianed contract shall meet the :Jppro'l:J1 of be aooroved bv the buildina official and/or the buildina official's desiqnee. 108.9.5 Valuation alternatives. The buildina official may consider alternative valuations prepared bv an independent expert onlv when accompanied bv proper certification that the values include all elements defined on the plans submitted for permit. 27 108.9.6 Refunds. Refunds may be oranted on Iv for the other fees that are collected in coniunction with issuino a permit. See Section 104.7.3 for a description of other fees. Contact the buildino official or his/her desionated representative for the procedures that are required to be followed to request a refund. 108.10 Contractors 108.10.1 Contractor's responsibilities It shall be the duty of every contractor who shall make contract for the installation or repairs of a building, structure, electrical, gas, mechanical or plumbing system, for which a permit is required to comply with state or local rules and regulations concerning licensing and inspections which the applicable governing authority may have adopted. 108.10.2 Residential owner/builder. Pursuant to provisions of Chapter 489.503, Florida Statutes, a sole owner may make application for permit and supervise the work in connection with the construction, maintenance, alterations, or repairs of a single family or duplex residence for his/her OWN USE AND OCCUPANCY and not intended for sale. The construction of more than one residence by an individual owner in any 12-month period shall be construed as contracting and, such owner shall then be required to be licensed as a contractor. 108.10.3 Non-residential owner/builder. An owner of any building may make application for a building permit for work not involving structural elements, life safety, or fire protection.. in a building that is for his/her OWN USE AND OCCUPANCY, and wherein the work does not exceed $5,000 in value, and the total project value including the value of sub-contract work does not exceed a maximum of $25,000 within any 12-month period. Contractors currently licensed and insured in their respective field shall obtain all sub-permits. SECTION 109 INSPECTIONS 109.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 109.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 109.2.1 Existina buildina inspections. Before issuino a permit. the buildino official may examine or cause to be examined any buildina, electrical. oas, mechanical. or plumbino systems for which an application has been received for a permit to enlaroe, alter, repair. move. demolish, install. or chanoe the occupancY. He/she may inspect the buildinos. structures. electrical. oas. mechanical and plumbina systems, from time to time, before, durino and upon completion of the work for which a permit was issued. He/she shall make a 28 record of every such examination and inspection and of all observed violations of the technical codes. Additional reoulations in Chapter 34 of this code may applv. 109.2.2 Manufacturers and fabricators. When deemed necessary bv the buildina official, he/she shall make. or cause to be made. an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 109.3 Required inspections. The building official upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary, and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. The buildina official shall have the authority to accept affidavits as proof of compliance. A. Building 1. Foundation inspections. To be made after trenches are excavated and forms erected and shall at a minimum include the following building components: -Stem-wall -Monolithic slab-on-grade -Piling/pile caps -Footers/grade beams 2. Framina inspections. To be made after the roof, all framing, fire blocking and bracing is in place, all concealing wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: -Window/door framing -Vertical cells/columns -Lintel/tie beams (includina truss lavout drawinos) -Framingltrusses/bracing/connectors -Draft stopping/fire blocking -Curtain wall framing -Energy insulation -Accessibility. -Drywall 3. Sheathina inspections. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: -Roof sheathing -Wall sheathing -Sheathing fasteners -Roof/wall dry-in -Sheathina/claddina inspection -Gvpsum board, as required 4. Roofina inspections. Shall at a minimum include the following building components: -Dry-in -Insulation -Roof coverings (includina In Proaress) -Flashing S. Final inspection. To be made after the building is completed and ready for occupancy. 29 6. Swimmino pool inspection: -first inspection to be made after excavation and installation of reinforcina steel. bondina and main drain and prior to placino of concrete -perimeter plumbina -pool deck (includina soil reports as applicable, paver-type decks, or special perimeter footinas or deck features) -final alarm/electrical inspection prior to fillina with water -final inspection to be made when the swimmina pool is complete and all required enclosure requirements are in place -final Gas (if applicable) 7. Storm Shutter Inspection -to ensure compliance to Section 1606.1.4 8. Demolition Inspections: -first inspection to be made after all utilitv connections have been disconnected and secured in such manner that no unsafe or unsanitary condition shall exit durino or after demolition operations. -final inspection to be made after all demolition work is completed. 9. Manufactured buildina inspections. The building department shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities (see Section 423.27.20). B. Electrical 1. Underground inspection (includino bondina and around). To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Low Voltaoe: To be made for security. alarm, elevator. and special uses prior to beina covered from view. 4. Final inspection. To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. C. Plumbing 1. Underground inspection: To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof, framing, fire blocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. 3. Final inspection: To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section 312 of the Florida Building Code, Plumbing, for required tests. D. Mechanical 1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. 30 3. Final inspection. To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. E. Gas 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. 109.3.1 Reserved. Written release. Work shall not be done on any part of a building, structure, electrical, gas, mechanical or plumbing system beyond the point indicted in each successive inspection without first obtaining a written release from the building official. Such written release shall be given only after an inspection has been made of each successive step in the construction or installation as indicated by each of the foregoing inspections. 109.3.2 Reserved Failure to obtain required inspections. The permit applicant's failure to obtain required inspections may necessitate uncoverina concealed work to facilitate inspection. The cost of testina, certification or additional fees shall be born bv the applicant. In addition, the buildina official may refuse to issue a buildino permit or issue a permit with soecific conditions if the local Buildino Board of Adiustment and Appeals, throuoh a public hearina which affords due process, has found the contractor ouiltv of a willful buildino code violation, fraud or disreoard for inspection reauirements. 109.3.3 Reinforcing steel and structural frames. Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining a release from the building official. Certification that field weldina and structural bolted connections meet desian eIaR requirements shall be submitted to the buildina official. upon request. Certification of weld and bolted connections shall be from a third party independent aaencv. 109.3.4 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.6, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the building official has been received. 109.3.5 Shoring. For threshold buildings, shoring and associated formwork or false work shall be designed and inspected by a Florida licensed professional engineer, employed by the permit holder or subcontractor, prior to any required mandatory inspections by the threshold building inspector. 31 109.3.6 Threshold building. 109.3.6.1 The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. 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. The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. 109.3.6.2 The special inspector shall inspect the shoring and re-shoring for conformance to the shoring and re-shoring plans submitted to the enforcing agency. A fee simple title owner of a building which does not meet the minimum size, height, occupancy, occupancy classification or number-of-stories criteria which would result in classification as a threshold building under Section 553.71 (7) Florida Statutes, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code, Building. 109.3.6.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an architect. 109.3.6.4 Each enforcement agency shall require that, on every threshold building: 109.3.6.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: liTo the best of my knowledge and belief, the above described construction of all structural load-bearing components complies with the permitted documents, and the shoring and re-shoring conforms to the shoring and re-shoring plans submitted to the enforcement agency." 109.3.6.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 109.3.6.4.3 All shoring and re-shoring procedures, plans and details be submitted to the enforcement agency for record keeping. Each shoring and re-shoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. 109.3.6.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this section and Chapter 633, Florida Statutes. 32 109.3.6.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.10S(3)(a), Florida Statutes, or to a licensed building contractor, as defined in Section 489.10S(3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 109.3.6.6 The building department may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the building department. The building official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code. 109.3.7 Reserved. Other inspection services. The buildina official may make, or cause to be made bv others, the inspections reQuired bv Section 109. He/she may accept reports of inspectors of recoonized inspection services, provided that after investiaation he/she is satisfied as to their Qualifications and reliabilitv. A certificate called for bv any provision of the technical codes shall not be based on such reports unless the same are in writino and certified bv a responsible officer of such service. The buildino official may require the owner to emplov an inspection service in the followino instances: 1. For buildinas or additions of Tvpe I or Tvpe II construction 2. For all maior structural alterations 3. Where the concrete desion is based on compressive strenath (f 'c) in excess of 3000 pounds per square inch 4. For pile drivina S. For buildinos with area oreater than 20,000 square foot 6. For buildinos more than 2 stories in heioht 7. For buildinos and structures of unusual desion or methods of construction Such inspectors shall be adeQuatelv present at aU times tAat--work is underway on the structural elements of the buildina. weFk. Such inspectors shall be a reoistered architect, or enaineer, or a person licensed under Chapter 468, Part XII. Florida Statutes. Such inspectors shall submit weeklv prooress reports includina the dailv inspections to the buildina official. and includina a code compliance opinion of the Resident Inspector. At the completion of the construction work or proiect, such inspectors shall submit a certificate of compliance to the buildina official. statino that the work was done in compliance with this code and in accordance with the permitted drawina. Final inspection shall be made bv the buildino official before a Certificate of Occupancy or Certificate of Completion is issued: and confirmation inspections may be made at any time to monitor activities and resident inspectors. 109.3.8 Reserved. Plaster fire protection. In all buildinas where plaster is used for fire protection purposes, the permit holder or his aaent shall notify the buildina official after all lathina and backina is in place. Plaster shall not be applied until the release from the buildina official has been received. 33 109.3.9 Reserved. Fire resistant ioints and penetrations. The protection of ioints and penetrations in required fire resistant construction assemblies shall not be covered or concealed from view without first obtainina a release from the buildino official. 109.3.10 Reserved. Impact of construction All construction activity reaulated bv this code shall be performed in a manner so as not to adverselv impact the condition of adiacent property, unless such activity is permitted to affect said property pursuant to a consent oranted by the applicable property owner, under terms or conditions aoreeable to the applicable property owner. This includes, but is not limited to. the control of dust. noise, water or drainaae run-offs, debris, and the storaae of construction materials. New construction activity shall not adversely impact leaal historic surface water drainaae flows servino adiacent properties, and may require special drainaoe desian complyina with enoineerino standards to preserve the positive drainaoe patterns of the affected sites. Accordinolv. developers, contractors and owners of all new residential development. includino additions. pools, patios, driveways. decks or similar items, on existino properties resultina in a sianificant decrease in excess of 800 SQuare feet of permeable land area on any parcel or has altered the drainaoe flow on the developed property shall. as a permit condition, provide a professionallv prepared drainaae plan clearlv indicatino compliance with this paraaraph. Upon completion of the improvement. a certification from a licensed enaineer shall be submitted to the inspector in order to receive approval of the final inspection. 109.3.11 Freeboard. The finish floor elevation of all habitable space in new construction not located in a flood zone shall be elevated a minimum of twelve inches above the crown of the road. 109.4 Reserved. Inspections prior to issuance of Certificate of Occuoancy or Completion. The buildino official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every buildina, structure, electrical. oas, mechanical or plumbino system upon completion, prior to the issuance of the Certificate of Occupancy or Certificate of Completion. In performino inspections, the buildina official shall aive first priority to inspections of the construction. addition. or renovation to. any facilities owned or controlled bv a state university, state community colleae or public school district. 109.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 109.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. 34 SECTION 110 CERTIFICATES AND BUILDING USE 110.1 Certificate of Occupancy 110.1.1 Buildina occupancy. A new buildino shall not be occupied or a chanae made in the occupancy, nature or use of a buildino or part of a buildino until after the buildina official has issued a Certificate of Occupancy. Said certificate shall not be issued until all required electrical. oas. mechanical, plumbina and fire protection systems have been inspected for compliance with the technical codes and other applicable laws and ordinances and released bv the buildina official. 110.1.2Issuina Certificate of Occupancy. Upon satisfactory completion of construction of a buildino or structure and installation of electrical. aas. mechanical and plumbina systems in accordance with the technical codes, reviewed plans and specifications, and after the final inspection, the buildina official shall issue a Certificate of Occupancy statinQ the natur-e of the occupanc'l permitted. the number of persons for each floor 'f:hen limited bv law, and the allma:able load per SQuar:e foot for eaGh floor in acc:oFdance 'Nith the provisions of this code. The buildinQ official shall issue a certificate of occupanCl/ that contains the followino: 1. The buildino permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. S. A statement that the described portion of the structure has been inspected for compliance with the reQuirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the buildina official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The desion occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Anv special stipulations and conditions of the buildino permit. 110.1.3 Temporary/partial occupancy. A 30-dav temPOrarv/partial Certificate of Occupancy or Certificate of Completion may be issued for a portion or portions of a buildino that may safe Iv be occupied prior to final completion of the buildina. The buildino official shall have the authority, once all life safety issues have been complied with, to require an applicant to provide adequate cash surety for unfinished work or revision of plans until a permanent Certificate of Occupancy or Certificate of Completion is aranted. The purpose of the cash surety is to insure completion of work under this permit. Such cash surety shall be equal to one hundred ten percent (110%) of the estimated value of the remainino work, includina labor and material. as determined bv the desian professional. The desian professional shall submit a sianed and sealed document attestino to the amount reauired to cover the cash surety. If work has not been completed and all finals requested within 90 days of issuance of the initial Temporarv/Partial Certificate of Occupancy or Certificate of Completion. the City retains the riaht to have the applicant surrender the cash surety. The City then may use the surety to finish the remainina work. The surety shall be in the form of cash money, certified check, or cashiers check. Surety shall be returned upon approval of all final inspections and upon written request that has been approved bv the buildina official. 35 110.2 Certificate of Completion, Upon satisfactory completion of a buildino, structure, electrical. aas, mechanical or plumbino system. a Certificate of Completion may be issued. This certificate is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not orant authority to OCCUpy or connect a buildina, such as a shell buildino, prior to the issuance of a Certificate of Occupancy. 110.3 Service Utilities 110.3.1 Connection of service utilities. No person shall make connections from a utilitv. source of enerav, fuel or power to any buildino or system which is reaulated bv the technical codes for which a permit is reQuired. until released bv the buildina official and a Certificate of Occupancy or Completion is issued. The servicino utilitv company shall not connect the power supplv until notified bv the buildino official. 110.3.2 Temporary connection. The buildino official may authorize the temporary connection of the buildinQ or system to the utilitv source of enerav, fuel or power for the purpose of testino buildinQ service systems or for use under a temporary Certificate of Occupancy. 110.3.3 Authority to disconnect service utilities The buildino official shall have the authority to authorize disconnection of utility service to the buildino, structure or system reaulated bv the technical codes, in case of emeroencv where necessary to eliminate an immediate hazard to life. Sf property, or unsafe condition. The buildina official shall notify the servino utilitv and. whenever possible. the owner and occupant of the buildina, structure or service system of the decision to disconnect prior to takina such action. If not notified prior to disconnectina. the owner or occupant of the buildina. structure or service system shall be notified in writina, as soon as practical thereafter. 110.4 PostinG floor loads 110.4.1 Occupancy. An existino or new buildino shall not be occupied for any purpose that will cause the floors thereof to be loaded beyond their safe capacity. The buildino official may permit occupancy of a buildina for mercantile, commercial or industrial purposes. bY a specific business, when he/she is satisfied that such capacity will not thereby be exceeded. 110.4.2 Storaae and factory-industrial occupancies. It shall be the respOnsibilitv of the owner, aaent. proprietor or occupant of Group S and Group F occupancies, or any occupancy where excessive floor loadino is Iikelv to occur, to employ a competent architect or enaineer in computina the safe load capacity. All such computations shall be accompanied by an affidavit from the architect or enQineer statina the safe allowable floor load on each floor in pounds per square foot uniformlv distributed. The computations and affidavit shall be filed as a permanent record of the buildina division. 110.4.3 Sians reauired. In every buildina or part of a buildino used for storaae, industrial or hazardous purposes, the safe floor loads, as reviewed by the buildina official on the plan. shall be marked on plates of approved desian which shall be supplied and securely affixed by the owner of the buildina in a conspicuous place in each stOry to which they relate. Such plates shall not be removed or defaced, and if lost. removed or defaced, shall be replaced by the owner of the buildino. 36 SECTION 111 TESTS The buildina official mav reauire tests or test reports as proof of compliance. Reauired tests are to be made at the expense of the owner, or aoent. bv an approved testino laboratorv or other approved aaencv. SECTION 112 Rea8rv8E1 BUILDING BOARD OF ADJUSTMENT AND APPEALS 112.1 Appointment There is herebY established a board to be called the Buildina Board of Adiustment and Appeals. which shall consist of seven members and two alternates. The applicable aovernino bodv shall appoint the Board. 112.2 Membership and Terms 112.2.1 Membership. The Buildino Board of Adiustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledae and experience in the technical codes to include an architect, enoineer, aeneral contractor, electrical contractor, HVAC contractor, plumbino contractor, and any other contractor licensed cateaorv. In addition to the reaular members, there should be two alternate members, one member with the Qualifications referenced above and one member at laroe from the public. A board member shall not act in a case in which he has a personal or financial interest. 112.2.2 Terms. The terms of office of the board members shall be staoQered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-vear terms. Vacancies shall be filled for an unexpired term in the manner in which orioinal appointments are required to be made. Three absences of any member from required meetinos of the board shall in a 12 month period, at the discretion of the applicable aovernino bodv, render any such member subiect to immediate removal from office. 112.2.3 Quorum and votina. A simple maioritv of the board shall constitute a Quorum. In varvina any provision of this code, the affirmative votes of the maiority present. but not less than three affirmative votes, shall be required. In modifvino a decision of the buildino official. not less than four affirmative votes, but not less than a maioritv of the board, shall be reauired. In the event that reoular members are unable to attend a meetina, the alternate members, if appointed, shall vote. 112.2.4 Secretary of board. The buildina official or his/her authorized representative shall act as secretary of the board and shall make a detailed record of all of its proceedinas, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 112.3 Powers. The Buildina Board of Adiustments and Appeals shall have the power. as further defined in 112.4, to hear appeals of decisions and interpretations of the buildino official and consider variances of the technical codes. 37 112.4 Aooeals 112.4.1 Decision of the building official. The owner of a buildina, structure or service system, or dulv authorized aoent. may appeal a decision of the building official to the Buildino Board of Adiustment and Appeals whenever any one of the followina conditions are claimed to exist: 1. The building official reiected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not applv to this specific case. 3. That an eQuallv good or more desirable form of installation can be emploved in an specific case. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectlv interpreted. 112.4.2 Variances. The Building Board of Adiustments and Appeals. when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest iniustice and would be contrary to the spirit and purpose of this or the technical codes or public interest. and also finds all of the fOllowing: 1. That special conditions and circumstances exist which are peculiar to the buildino, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privileae that is denied bv this code to other buildings. structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. S. That the orant of the variance will be in harmony with the aeneral intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 112.4.2.1 Conditions of the variance. In arantino the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeouards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 112.4.3 Notice of aooeal. Notice of appeal shall be in writing and filed within 30 calendar days after the buildino official renders the decision. Appeals shall be in a form acceptable to the buildino official. 112.4.4 Unsafe or dangerous buildings or service systems. In the case of a buildino, structure or service system, which in the opinion of the buildino official. is unsafe, unsanitary or danoerous, the buildino official may, in the order, limit the time for such appeals to a shorter period. 112.5 Procedures of the board. 112.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of 38 the chairman. The board shall meet within 30 calendar days after notice of appeal has been received. 112.5.2 Decisions. The Buildino Board of Adiustment and Appeals shall. in every case, reach a decision without unreasonable or unnecessary delav. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal. order, or disallowance of the buildino official or varies the application of any provision of this code, the buildino official shall immediatelv take action in accordance with such decision. Everv decision shall be promptlv filed in writino in the office of the buildinc official and shall be open to public inspection. A certified COpy of the decision shall be sent bv mail or otherwise to the appellant and a COpy shall be kept publiclv posted in the office of the buildinc official for two weeks after filino. Everv decision of the board shall be final: subiect however to such remedy as any aoorieved party mioht have at law or in equity. SECTION 113 Reserved SEVERABILITY If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional. such decision shall not affect the validity of the remainino portions of this code. SECTION 114 VIOLATIONS AND PENALTIES Anv person, firm, corporation or aoent who shall violate a provision of this code. or fail to complv therewith, or with any of the reQuirements thereof. or who shall erect. construct. alter, install, demolish or move any structure, electrical. cas, mechanical or plumbinc system, or has erected, constructed, altered, repaired, moved or demolished a buildinc. structure, electrical. aas. mechanical or plumbinc system, without full compliance with applicable codes, laws. ordinances. rules and reculations, shall be ouilty of a misdemeanor. Each such person shall be considered cuiltv of a separate offense for each and every day or portion thereof durinc which any violation of any of the provisions of applicable codes, laws, ordinances, rules and reQulations is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided bv state laws. Nothinc in this section shall prevent the authority havina iurisdiction from imposino fines, liens, or seek iniunction relief. or exercisina other enforcement powers as permitted bv law. Code enforcement and penalties of 162 Florida Statutes Part I shall be authorized if buildino work: beains without payment of all reauired fees. SECTION 115 Reserved SECTION 116 (Section 1609, Florida Building Code) WIND LOADS 116.1 Basic wind speed. The basic wind speed in miles per hour, for the development of wind loads, shall be determined from Fiaure 1609, said Basic Wind Speed for Palm Beach County beina: 39 3 Second Gust 120 mph 130 mph 140 mph All Locations In R3SE R36E,R37E.R38E R39E throuoh R43E as depicted on map Fioure 1609 is herebY added to this code. 40 ,\. ~, .~...:~--~ I ~ -; i /.(1' . I .~ ,// .f / ./ // l? ,..r.>..... /' / ~~.... ,~. // /~ /" // ~/ ~..-. ,,/ ,/ I \ , -------------'. -r:-- - :So " ~, ~., ta <:? ......" ".... t40 ..... ~R '7 .'<r . . ~-..,. ':': '. '.>.. :.;.~..'.":_ '-,' r .~-- ~".r. !::. . ., t..__:., lflirl; i 12 i '. Iii g .'i 1 IIII h! . Iii IH J. ill J. (l! i 11 -III JJl(1 flllf I III JlIIH I'll! .11 1 II; !I, III 'irll <>:~ ilf IIIi !Ii Ilf 1 I I i Ij lJ tll j" f FiQure 1609 41 i I ' ii I "'.... I / - .. -- 1';1 ell - [I If r . i 1.1 5. g. If~f I j XII. - LEGAL ITEM 8.3 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 Meeting Dates Date Final Form Must be Turned in to City Clerk's Office August 1,2005 (Noon) o October 5, 2005 I:8J October 18, 1005 o November 1, 2005 o Kovemberl5,2005 September 19, 2005 (Noon) 0 August 2, 2005 0 August 16, 2005 0 September 6, 2005 0 September 20, 2005 July 18, 2005 (Noon.) October 3, 2005 (Noon) August IS. 2005 (Noon) October 17, 2005 (Noon) September 6, 2005 (Noon) October 31, 2005 (Noon) NATURE OF AGENDA ITEM o Administrative o Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business ~ Legal o Unfinished Business o Presentation RECOMMENDATION: Consider adoption of the Ordinance. EXPLANATION: The City Commission has discussed expanding the notice requirement for items on the Commission agenda which involve development or redevelopment of property. The proposed Ordinance provides for a second public reading of an ordinance implementing amendments to the Land Development Regulations and more specific notice requirements to property owners within 400 feet of boundary lines of the property being developed or redeveloped. The type of notice is reserved to the Commission on a project by project basis. PROGRAM IMP ACT: This ordinance expands the potential group of notice recipients when matters involving land development are on the Commission agenda. FISCAL IMPACT: Additional notice will by necessity result in additional cost. The cost is passed through to the applicant and in all likelihood to the end user, i.e; purchaser. ALTERNATIVES: ~ -~ Department Head's Signature Maintain current system of notification. ~ City Manager's Signature City Attorney Department Name ~ City Attorney / Finance / Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO, 05- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 2 "ZONING", SECTION 9 6 "ADMINISTRATION AND ENFORCEMENT"; 7 PROVIDING FOR ADDITIONAL PUBLIC HEARING 8 REQUIREMENTS; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach desires to modify 13 the public notice requirements for Land Development Regulation matters. 14 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 15 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 16 Section 1. The foregoing whereas clause is true and correct and is now ratified and 17 confirmed by the City Commission. 18 Section 2. Chapter 2. "Zoning", Section 9. "Administration and Enforcement" of 19 the Land Development Regulations of the City of Boynton Beach Code of Ordinances shall 20 be amended to add a new sub-section E by adding the words and figures in underlined type, 21 and by deleting the words and figures in struck-through type as follows: 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 1. When an amendment to the Land Development Regulations is proposed. the City Commission shall conduct one additional public hearing shall be held in addition to the public hearing conducted for second reading of the ordinance implementing the amendment to the Land Development Regulations. At the discretion of the City Commission, the additional public hearing shall may be conducted, eitheF in coni unction with first reading of the ordinance. may be referred to and conducted by one or more advisory board, or held on another date prior to second reading of the ordinance as announced by the City. 2. When the proposed Land Development Regulation will affect permitted, conditional or prohibited zoning uses, allew-a use not permitted without the proposed amendment. or will change a development regulation regarding building height and height exception. setbacks (for primary and all other structures), non- conforming lots,. telecommunication towers, new zoning districts, and buffering requirements related to residential zoning districts, or landscaping, the City Commission, on or prior to its preliminary review of said amendment, shall, determine which of the following types of notice shall be provided for the additional fH:st public hearing: S:\CAiOrdinances\LDR Changesiadditional public hearing ord - comments.doc , , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 a. \vntten mailed notice of the ffist additional public hearing shall be provided to all property owners within four hundred (400) feet of the boundary lines of all property or properties which will be eaffected by the change in regulations. b. notice published in a newspaper of general circulation. c. notice posted on or near the properties which will be impacted by the change in regulations. d. other forms of notice determined by the Commission to be necessary to advise the public that a change of development regulations is being considered by the Commission. 3. The additional public hearing provided in this section may, at the diseretion of the City Commission. be ref-erred to and conducted by the Plar.Jling and Development Board, the COIlliTItffiity Redevelopment Board. or both. Costs required for any additional notification shall be paid by the applicant for the change in the Land Development Regulations. 3. Section 3. Each and every other provision of the Land Development Regulations 22 not herein specifically amended, shall remain in full force and effect as originally adopted. 23 Section 4. All laws and ordinances applying to the City of Boynton Beach in 24 conflict with any provisions of this ordinance are hereby repealed. 25 Section 5. Should any section or provision of this Ordinance or any portion 26 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 27 affect the remainder of this Ordinance. 28 Section 6. Section 7. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. 29 30 FIRST READING this _ day of , 2005. SECOND, FINAL READING AND PASSAGE this _ day of ,2005. 31 32 33 34 35 36 37 38 39 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor S:\CA\Ordinances\LDR Changes\additional public hearing ord - comments.doc I' 1 2 3 4 5 6 7 8 9 10. ATTEST: 11' 12 13 City Clerk 14 Commissioner Commissioner Commissioner S:\CA\Ordinances\LDR Changes \additional public hearing ord - comments.doc XII. - LEGAL CITY OF BOYNTON BEACH ITEM 8.4 AGENDA ITEM REQUEST FORl\... Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon) 0 August 16. 2005 August 1,2005 (Noon) [8] October 18, 2005 October 3,2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17,2005 (Noon) 0 September 20, 2005 September 6, 2005 (Noon) 0 November IS, 2005 October 31,2005 (Noon) 0 Administrative D Development Plans NATURE OF 0 Consent Agenda D New Business AGENDA ITEM 0 Public Hearing [8] Legal 0 Bids D Unfinished Business 0 Announcement D Presentation 0 City Manager's Report RECOMMENDATION: Adopt proposed ordinance amendment of Chapter 16, Parks and Recreation, Article II, City parks and beaches, section 16-38 "Alcoholic beverages permitted only at designated places; sale; drunkenness" so that it is consistent with current practices. EXPLANATION: The Special Event Permit process allows for the consumption of alcohol on City property provided the applicant has proper insurance. This creates a conflict with Section 16-38 of the Code, which has not been amended since 1958. Based on Commission approval, the code will be amended to allow the consumption of alcohol on City property as per the special event permitting process. PROGRAM IMP ACT: The amendment to the code will allow for the consumption of alcohol on City property subject to appropriate permitting, which includes strict regulation and control. FISCAL IMPACT: N/ A ALTERNATIVES: Not amend the Code, Chapter 16 "Parks and Recreation". (/ ------------- /)- ---- . ~------- Department Head's Signature 4'""1;""5 Signa';;; Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 2, 2005 July 18, 2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16, 2005 August I, 2005 (Noon) ~ October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15, 2005 (Noon) 0 November I, 2005 October 17,2005 (Noon) 0 September 20,2005 September 6, 2005 (Noon) 0 November 15,2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NA TURE OF 0 Consent Agenda 0 New Business - - no__. AGENDA ITEM 0 ~ ," Public Hearing Legal (.,--.1 0 Bids 0 Unfinished Business ! -----:..i 0 Announcement 0 Presentation t..--J L..:: 0 City Manager's Report " . c. RECOMMENDATION: Adopt proposed ordinance amendment of Chapter 16, Parks and Recreati0!l; Article II, City parks and beaches, section 16-38 "Alcoholic beverages permitted only at designated places; sale; drunkenness" so that it consistent with current practices. ~l;-~-~l ::--) ~::-:~ :-"\~J EXPLANA TION: The Special Event Permit process allows for the consumption of alcohol on City property provided the applicant has proper insurance. This creates a conflict with Section 16-38 of the Code, which has not been amended since 1958. Based on Commission approval, the code will be amended to allow the consumption of alcohol on City property as per the special event permitting process. PROGRAM IMP ACT: The amendment to the code will allow for the consumption of alcohol on City property subject to appropriate permitting, which includes strict regulation and control. FISCAL IMPACT: N/ A ALTERNATIVES: Not amend the Code, Chapter 16 "Parks and Recreation". ~. / ~ . ~ t!~ .' i A,n Depa~Head's S gnature ~ City Manager's Signature Department Name City Attorney! Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II 1 ORDINANCE NO. 05- 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 CHAPTER 16, "PARKS AND RECREATION", ARTICLE 6 II, "CITY PARKS AND BEACHES" BY AMENDING 7 SECTION 16-38 TO PROVIDE FOR THE 8 CONSUMPTION AND POSSESSION OF ALCOHOLIC 9 BEVERAGES AT CITY RECREATIONAL FACILITIES 10 PURSUANT TO A SPECIAL EVENT PERMIT; 11 PROVIDING FOR CONFLICT, SEVERABILITY, 12 CODIFICATION AND AN EFFECTIVE DATE, 13 14 WHEREAS, staff has become aware that consumption and possession of alcohol at 15 City recreational facilities is not consistent with current practices including the Special Event 16 permitting process; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 determined that it is in the best interests of the citizens and residents of the City to amend the 19 Code to provide for the Special Event permit as an exception to the prohibition of alcoholic 20 beverages. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. That Chapter 16, " Parks and Recreation", Article II "City Parks and 26 Beaches" Section 16-38 is hereby amended by adding the words and figures in underlined 27 type, and by deleting the words and figures in struck-through type, as follows: 28 29 Sec. 16-38. Alcoholic beverages permitted only at 30 designated places; sale; drunkenness 31 32 No person shall drink or possess alcoholic beverages at any time at any 33 beach or park except for specifically designated recreation centers~ where 34 meals or lunches are served under concession privileges, or pursuant to a 35 Special Event Permit issued by the City. The sale or possession of alcoholic Page 1 II 1 beverages bYJ! 5H€fl: concessionaire, or pursuant to a Special Event Permit will 2 be permitted under subiect to the strict regulation and control of the Director. 3 Sales and consumption of alcoholic beverages shall be made only in 4 individual drinks (not in original packages or otherwise in bulk)~ and shall be 5 served for consumption on the immediate premises of the concession. 6 7 Section 3. Should any section or provision of this ordinance or portion hereof, any 8 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 9 such decision shall not affect the remainder of this ordinance. 10 Section 4. Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon passage. 11 Section 5. 12 FIRST READING this _ day of , 2005. 13 SECOND, FINAL READING AND PASSAGE this_ day of 14 2005. 15 CITY OF BOYNTON BEACH, FLORIDA 16 17 18 ]9 20 2] 22 23 24 25 26 27 28 29 30 3] ATTEST: 321 33 34 35 City Clerk 36 Mayor Vice Mayor Commissioner Commissioner Commissioner Page 2 cr XII. - LEGAL ITEM C.! CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 2, 2005 July 18, 2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16, 2005 August I, 2005 (Noon) [gI October 18,2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17, 2005 (Noon) 0 September 20, 2005 September 6, 2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [gI Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Resolution authorizing Intralocal agreement between City and CRA for land acquisition and land exchange in the Heart of Boynton Area. EXPLANATION: The CRA Board at their October 10, 2005 meeting will be requesting that the City work with the CRA in certain land acquisition for redevelopment activities in the Heart of Boynton Redevelopment Area. The Heart of Boynton Redevelopment Plan was approved by the City Commission as Ordinance 01-59 on December 4,2001. In addition, the City previously adopted Ordinance 98-33, establishing this area of the community as a qualified redevelopment area pursuant to FSS 163.360. The agreement sets the stage for cooperative work between the City and the CRA to facilitate the purchase of property for redevelopment either by voluntary purchase (preferred mode) or by eminent domain. No specific authorizations sought by the CRA for eminent domain via this agreement. Rather, that authorization, if needed, would be sought through presentation of resolution(s) of necessity. The City Commission retains the sole authority to authorize eminent domain for property purchases. The agreement also provides for the exchange of City-owned property on Martin Luther King Boulevard with the CRA for replacement recreation property west of Seacrest. PROGRAM IMPACT: The agreement is necessary to proceed \vith the Heart of Boynton Plan. FISCAL IMPACT: The costs associated with property research, appraisals, survey, legal, acquisition and relocation assistance, as needed would be borne by the CRA. ALTERNATIVES: Do not authorize the Intralocal Agreement. Property purchased in the Heart of Boynton area would be voluntary. This' y have an adverse impact on successful implementatio of the City Commission approved Heart of Boynton Plan. .' City Manager's Signature Department Head's Signature Department Name City Attorney! Finance! Human Resources S:\BULLETIN\FORMS\A.GENDA ITEM REQUEST FOR..c\1.DOC XII. - LEGAL ITEM C.l 2 RESOLUTION NO. R05- , I q 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 INTERLOCAL AGREEMENT BET\VEEN THE CITY OF 8 BOYNTON BEACH AND THE BOYNTON BEACH 9 COMMUNITY REDEVELOPMENT AGENCY FOR 10 LAND ACQUISITION IN THE HEART OF BOYNTON 11 AREA; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the eRA Board has requested the City of Boynton Beach work with the 15 CRA on certain land acquisitions for redevelopment activities in the Heart of Boynton J 6 Redevelopment Area; and 17 \VHEREAS, as the result of the City Commission reserving the power of eminent ] 8 domain to itself when it formed the CRA, it may be necessary to acquire some properties 19 through the eminent domain process; and 20 \VHEREAS, the Interlocal Agreement outlines the cooperative work between the City 21 and the CRA to facilitate purchase of property for redevelopment either by voluntary purchase 22 or ~hrough eminent domain proceedings; and 23 \VHEREAS, the City Commission of the City of Boynton Beach, upon 24 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 25 City of Boynton Beach to approve the Interlocal Agreement between the City of Boynton 26 Beach and Boynton Beach Community Redevelopment Agency outlining the responsibilities 27 relating to the Heart of Boynton Redevelopment project. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CNRESO\Agreements\lnterlocals\ILA with eRA (HOB projeet).do.: Section 1. Each Whereas clause set forth above ]s true and correct and 2 incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does 3 4 hereby approve the InterIocal Agreement between the City of Boynton Beach and the Boynton 5 Beach Community Redevelopment Agency outlining the responsibilities relating to the Heart 6 of Boynton Redevelopment project, a copy of said Agreement is attached hereto as Exhibit 7 "A". Section 3. That this Resolution shall become effective immediately upon passage. 8 9 PASSEDANDADOPTEDthis t9 daYOf~,2005. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: 28 29 30 City Clerk 3] 32 33 (Corporate Seal) 34 35 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA'RES,O'Agreemcnts\lnterlocals\lLA with CRi\ (HOB project).doc . ." ;.--, .-o!'__./_ BOYNTON BEACH October 4,2005 LETTER TO MAYOR OF BOYNTON BEACH . Dear Honorable Mayor Jerry Taylor: This letter shall serve as the Boynton Beach Community Redevelopment Agency's formal request to the City of Boynton Beach to institute eminent domain proceedings on the CRA's behalf. As you know, the CRA does not have the statutory authority to institute eminent domain proceedings. The parcels proposed for possible taking are attached in the Interlocal Agreement exhibit "0". Eminent Domain would only be considered if the parcels cannot be obtained through final mutually acceptable negotiations. The public purpose of taking these parcels is to eliminate blight and slum and for the future redevelopment of the Heart of Boynton area. This will improve the health, safety and welfare of all Boynton Beach citizens as well as bringing new job to the area. We have attached a proposed Interlocal Agreement between the City and CRA to move the HOB project forward for assembly. We have also included a draft proposal of the HOB Request for Qualifications (RFQ) to seek proposals for the Phase I redevelopment project. Upon securing the last properties in Phase I, the RFQ process for redevelopment can move quickly. Please do not hesitate to contact me if you have any questions. Thank you for your assistance. Sincerely, Chairperson Jeanne Heavilin cc: eRA Board members Douglas Hutchinson BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 639 E. Ocean Ave. Ste. 103 Boynton Beach, FL 33435 Office: 561-737-3256 · Fax: 561-737-3258 9187 AGREEMENT FOR THE BOYNTON BEACH- HEART OF BOYNTON PROJECT THIS IS AN AGREEMENT, made and entered into this _ day of , 2005, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter "CRA") and the CITY OF BOYNTON BEACH, Florida (hereinafter "CITY"). WHEREAS, the CITY has adopted a plan, known as the Heart of Boynton Plan, to promote rehabilitation and redevelopment of a designated area within the CRA boundaries (see description and map thereof attached hereto as Exhibit "A", hereinafter referred to as the "HOB Property"); and WHEREAS, the CITY and the CRA find that the Heart of Boynton Plan is consistent with the mission and powers of the CITY and the eRA to engage in redevelopment activities as described in the Community Redevelopment Act of 1969; and, WHEREAS, the CRA plans to acquire certain properties within the HOB (see description and plan attached hereto as Exhibit "B"); and WHEREAS, the CITY plans to acquire or owns certain properties within the HOB (see description and plan attached hereto as Exhibits "C & D"); and WHEREAS, as the result of the CITY having reserved the power of eminent domain to itself when it formed the CRA, it may be necessary to acquire some properties through the process of eminent domain; and WHEREAS, if the CITY acquires properties through the process of eminent domain for the CRA as described in Exhibit "D", then the CRA shall pay for all the costs for the property acquisition including, but not limited to, all litigation expenses, attorneys' fees, expert witness fees and just compensation paid to any property owner or other interested party; and WHEREAS, the CRA will be acquiring property located in the HOB area in order to exchange said property with the CITY (joined by Palm Beach County ("County") if necessary) Isee description and map attached hereto as Exhibit "E"; and WHEREAS, the parties hereto desire to outline the responsibilities relating to the HOB assembly; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the CRA and the CITY agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. I The City owns property that was transferred from Palm Beach County but which is subject to a public park or open space use restriction. The property can be better used for redevelopment consistent with the HOB Plan with a park or open space in an alternate location. A land exchange is contemplated and the consent of the County may be required. Page 1 LAP:st 9.7.04 S:\CA \CRA \BBCRA HOB project CityCRA Revised 6 27 05 Revised dch print.doc 2.0 Responsibilities of the CRA. 2.1 The CRA shall attempt to acquire voluntarily the properties described in Exhibit "B". 2.2 Upon request of the CRA, the CITY may, in its sole and absolute discretion, elect to file, maintain, prosecute, settle or otherwise dispose of any eminent domain action for the purpose of acquiring the HOB property identified in Exhibit "B". 2.3 Should the CITY acquire properties through the process of eminent domain for the CRA as described in Exhibit "D", then the CRA shall pay for all of the CITY'S costs of said properties' acquisition including, but not limited to, all litigation expenses attorneys' fees, expert witness fees and costs. 2.4 Should title be obtained by the CRA for the property described in Exhibit "E", then the CRA agrees to convey said property to the County or the City as a part of a land swap should such a land swap be agreeable to the County, and at no cost or expense to the CITY. 3.0 Responsibilities of the CITY. 3.1 The CITY, upon the request of the CRA, and in its sole and absolute discretion, may acquire, elect to file, maintain, prosecute, settle or otherwise dispose of any eminent domain action for the purpose of acquiring the HOB property identified in Exhibit "B". Should the CITY acquire properties through the process of eminent domain for the CRA as described in Exhibit "D", then the CRA shall pay for all of the CITY'S costs of said properties' acquisition including, but not limited to, all litigation expenses, attorneys' fees, expert witness fees and costs. 3.2 The CITY may acquire all of the properties described III Exhibit "D" either voluntarily or through the process of eminent domain. 3.3 The CITY agrees that the property described in Exhibit "E"(described as "City Properties") shall be traded to the CRA for the property described in Exhibit "E" (described as CRA Properties Purchased and/or Paid Eminent Domain Costs"). 4.0 Term of Agreement. The term of this Agreement shall begin on the Effective Date as defined herein and end when: a. All of the property to be acquired has been acquired; and b. When the land to be swapped to the County or the CITY has been properly titled to the CRA (if such land swap occurs); and c. When the CITY or CRA cease to be the owner of the Property so titled to each entity. 5.0 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Page 2 LAP:st9.7.04 S:\CA\CRA\BBCRA HOB project CityCRA Revised 6 27 05 Revised dch print.doc 6.0 Entire Agreement. This Agreement constitutes the entire understanding of the parties and any previous agreements, whether written or oral, are hereby superseded by this Agreement. This Agreement may be modified in accordance with paragraph 7.0 below. 7.0 Modification of Agreement. This Agreement may be modified upon mutual consent of the parties only in writing, and executed with the same dignity herewith. 8.0 Binding Authority, Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 9.0 Governing Law and Venue. This Agreement shall be governed by the laws of the State of Florida, with venue lying in Palm Beach County, Florida. 10.0 Remedies. Any and all legal actions necessary to enforce this Agreement will be conducted in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise hereof. 11.0 Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. 12.0. Effective Date. This Agreement shall become effective on the date last signed by the parties. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. Signed and Seal and Witnessed in the presence of: CITY OF BOYNTON BEACH, FL Witness Mayor Witness ATTEST: Approved as to Form: City Clerk City Attorney Page 3 LAP:s! 9.7.04 S:\CA\CRAIBBCRA HOB project CityCRA Revised 6 27 05 Revised dch print.doc Signed, sealed and witnessed in the Presence of: CRA Witness Chair Approved as to Form: Witness CRA Attorney State of Florida ) )ss. County of Palm Beach ) Personally appeared before me duly authorized to administer oaths , to me known to be the person described herein and who executed the foregoing instrument and has acknowledged before me and has executed the same. Notary Public My Commission Expires: Page 4 LAP:st 9.7.04 S:\CA\CRA\BBCRA HOB project CityCRA Revised 627 05 Revised dch print.doc ,~ t ~L ,:~f2 _u~: L (~ ",:i , !'.' ~, f" l'i , ~E> L . " ~~, i 0;,. ,. "" It" f~~ft ~.~~-<'<';;..",; """..... ~ ( ~ ~ t" "Ei 'i\ J, ~ i'!~. " ~it, . .' -r t t 1)- ,iji t ~ ........,..,.;:J5 ~ . "J;: '... i' I! . ~'. ,.'~' ,,=' [~. ~.. .- E . l'; ~..,Oii.Nt"' Ii.. ,,~ f" ~" '- ''t ,r: ~. - Ii t' .19~~~DJ:':; i !"~ ~ '1, r::J~ II &~",t'l ~ 'If.1 o-i~, ," " ,l {,' . .~, 'f' t.,,' . -" ::. r' '.X~ "'~ _"". b. <i '~~"'" ~f~f:l~;i,iP.L .' ~ c !~-'f r;,: '1''''~fiilffl":"l;;'1t;JF ::.: Il ,,!'~ K "L'll t< \.::' <~. . ~ Ii ti ~Ii:c.'. 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Oftlce Meeting Dates in to City Clerk's Office 0 August 2, 2005 July 18, 2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon) 0 August 16, 2005 August 1, 2005 (Noon) [8J October 18, 2005 October 3, 2005 (Noon) 0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17,2005 (Noon) 0 September 20, 2005 September 6, 2005 (Noon) 0 November 15,2005 October 31, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [8J Legal 0 Bids 0 Un[mished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve the placement of liens against the properties formerly known as "Boynton Terrace Apartments" for all applicable costs associated with the removal of "unsafe structures" in accordance with Section 103.5 of the Boynton Beach Administrative Amendments to the 2001 Florida Building Code. EXPLANATION: The structures referenced herein were deemed to be "unsafe" by the Building Official and subsequently demolished in accordance with established procedures. Pursuant to Section 5 of enclosed Resolution 05- 066 (Exhibit" A") the City is recording liens "for all costs and expenses of the demolition." PROGRA.'VI IMPACT: Eliminated unsafe living conditions for all Boynton Terrace residents and removed a blighting influence in the core of our community. Approval of this Resolution will assist the Community Redevelopment Agency in recovering their contributions to this effort and will also help staff recover their costs of administering this project. FISCAL IMPACT: The elimination of these unsafe buildings should provide a multitude of positive development opportunities in addition to creating a more safe and healthy environment for the residents of our community. ALTERNATIVES: ot approve this Resolution. City Manager's Signature ~ City Attorney / Finance / Human Resources Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II I I II I 1 RESOLUTION NO, 05- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA ASSESSING THE COSTS OF 5 ABATEMENT OF CERTAIN NUISANCES 6 AGAINST THE OWNERS OF THE 7 PROPERTIES INVOL VED; PROVIDING FOR 8 AN ADDITIONAL ADMINISTRATIVE FEE 9 PRIOR TO RECORDATION OF LIENS; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City Manager or his designated representative, acting on behalf of 13 the City, has pursuant to Section 10-5 of the Code of Ordinances of the City of Boynton 14 Beach, found and determined that the condition of certain property or parcels of land as 15 hereinafter described violate Section 10-2 and 10-3 of said Code by reason of the unsafe 16 structures located on the property which were detrimental to the health and welfare of the 17 residents of the City, thereby constituting a nuisance; and 18 19 WHEREAS, the owners of the parcel(s) of property hereinafter described were duly 20 notified in accordance with Section 10-5 of the City Code of Ordinances and were required 21 to abate the nuisance; and 22 23 WHEREAS, said nuisance was not abated as required; and, 24 25 WHEREAS, pursuant to, and in accordance with the procedure set forth in Chapter 26 10 of the Code of Ordinances of the City of Boynton Beach, the City abated said nuisance; 27 and 28 29 WHEREAS, the City Manager or his authorized representative has made a report of 30 costs actually incurred by the City and abatement of said nuisance as to the property(s) 31 involved, which is described in Exhibit "A" attached to this Resolution; and 32 33 WHEREAS, upon passage of this Resolution, the property owners will be furnished 34 with a copy of this Resolution, and given one more opportunity to remit all costs associated 35 with the abatement in full within 30 days of the passage of the Resolution, before transmittal 36 to the County for recordation of Liens; and 37 38 WHEREAS, at the time of recordation of Liens in the Public Records of Palm 39 Beach County, the City Clerk's office will add an additional administrative fee in the 40 amount of$30.00 to each Lien; and 41 42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 43 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 44 45 Section 1: Each Whereas clause set forth above is true and correct and 46 incorporated herein by this reference. II 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 Section 2: The amount of costs incurred by the City and the abatement of the above-described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED COMPOSITE EXHIBIT "A" Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes therefrom for the year 2005, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of October, 2005, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk ADDRESS peN# DEMOLITION OWNER NAME SUB DIVISION COSTS AND ADDRESS 721 NW 2ND ST. 22,032.40 BOYNTON ASSOCIATES L TO. 08-43-45-21-07-003-1810 9090 WILSHIRE BLV, STE 201 BOYNTON HILLS LTS 181 TO 1841NC BLK C BEVERLY HILLS, CA 90211-1850 711 NW 2ND ST. 22,032.40 BOYNTON ASSOCIATES L TO. 08-43-45-21-07-003-1810 9090 WILSHIRE BLV, STE 201 BOYNTON HILLS L TS 181 TO 184 INC BLK C BEVERLY HILLS, CA 90211-1850 230 NW 7TH CT. 22,032.40 BOYNTON ASSOCIATES L TO. 08-43-45-21-07-003-1160 9090 WILSHIRE BLV, STE 201 BOYNTON HILLS LTS 116 TO 1191NC BLK C BEVERLY HILLS, CA 90211-1850 220 NW 7TH CT. 22,032.41 BOYNTON ASSOCIATES LTD. 08-43-45-21-07-003-1160 9090 WILSHIRE BLV, STE 201 BOYNTON HILLS L TS 116 TO 119 INC BLK C BEVERLY HILLS, CA 90211-1850 210 NW 7TH CT. 22,032.41 BOYNTON ASSOCIATES LTD. 08-43-45-21-07-003-1160 9090 WILSHIRE BLV, STE 201 BOYNTON HILLS L TS 116 TO 119 INC BLK C BEVERLY HILLS, CA 90211-1850 801 N. SEACREST BLVD. 130,687.21 BOYNTON ASSOCIATES LTD. 08-43-45-21-07-003-1230 9090 WILSHIRE BLV, STE 201 BOYNTON HILLS, LTS 123, 124, 126 THRU 129, 134 BEVERLY HILLS, CA 90211-1850 THRU 138, 141 THRU 146, L T 147 (LESS RTN CRV R1W), L TS 148, 149, E 1/2 OF L T 150 & L T 192 BLK C & ABND NW 7TH AVE & NW 7TH CT L YG WITHIN 700 N. SEACREST BLVD. 130,687.21 BOYNTON ASSOCIATES LTO. 08-43-45-21-10-001-0010 9090 WILSHIRE BLV, STE 201 PALM BEACH COUNTRY CLUB ESTS L T 1 (LESS W 25 BEVERLY HILLS, CA 90211-1850 FT & 20 FT RETURN CURVE AREA RD R1W) & L T2 (LESS W 25 FT RD R1W) & L TS 3 TO 12 INC BLK 1 08-43-45-21-00-000-0021 21-45-43, S1/2 OF E 1/2 OF L T2 (LESS S 125 FT, E 25 FT & W 35 FT RD R1W) t ~ ~ '\ b"1 t t\ f\ tl f.\05-0b~ INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH ("CITY") AND T~.BO~TON BEACH COMMUNITY REDEVELOpME...""1T AGENCY ("eRA") This Interlocal Agreement (hereinafter "Agreement") is made the {q , day of A PI' L'. ' 2005. between the CITY OF BOTh"lON BEACH, a municipality located m Palm Beach County, Florida (hereinafter "CITY") and BOYNTON BEACH COMMUNITY REDEVELOPMENT A C'TF.NCY, a public agency created pllrsuant to Charter 163, Part Ill, of the Florida Statutes (hereafter "eRA"), each one constituting a. public agency as defined in Part I of Chapter 163, Florida Statutes, RECITALS WHEREAS, Section 163.01, Florida Statutes, known as the ~'Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities 011 a basis of mutual advantage and thereby to provide services and facilities that would harmonize geographic, economic. population and other factors inl1ut:U1.;Lug th~ lleeds and dcvoiuplllCllti5 ofio~al Gommunitic.:l; Ul1d WHERF.AS, ;n September 2004. following HUllicanes Francis and Jeanne, the City's building and code inspectors conducted a damage assessment of a number of multi-flUnily housing complexes in the CITY, including the 16 building, 89 unit conlplex known as BOYNTON TERRACE (hereinafter tl1e "Apartment Complex"); and WHEREAS, as the result of this assessment the inspectors discovered a number of structural and enviromnental problems at the Aparlment Complex, many of which predated the hurricanes; and WHE:REAS, b<l.sell VII ll::pOlts provid<:d by independent engineering 11l1d envirommmtaJ consultants hired by the CITY t~ r.oncillc.t a detailed examination of the ~lmctllral and environmental lntegrity of the Apartment Complex, the City's building officials fOlUJd it necessary to declare aU 16 buildings of the Apartment Complex to be "unsafe;" and \'VHEREAS. the UWIlCl:-i IJf tlll: Apartment C01l1pkx. despite req\;.c~t5 f1"Om the CITY to do so, have failed to express their intent or ability to rchabi1itat.~ the strnctures (If the ApartmenL Complex as required; and WHEREAS, the Building Official of rhe CITY has formally notified the ovmers that in the interest of public safety it is n(:cessary to move the Apartment Complex forward for demolition; and WHEREAS, the CITY's Development Department has assisted in relocating all of the residents of the Apartment Complex from the unsafe structuref; including through UIe u~e of Com.munity Development Hloek Grant funds to pay for moving expenses and security deposits at scitablc alternate housing sites; and \VHF.llli'4S, rhft CTTY hM; Tl'!Cl'!iv~c1 l'!.":tim::'l.t~,.. indier"lline thaI the cos.ts of demolition of the Apartmenl Complex. would be approximatoly Three Hundred Fifty Thousa.'1.d Dollars ($350,000.00); and WHEREAS. the Apartment Complex 18 in the CRA's Heart of Boynton Redevelopment Area; and WH~:REAS,the parcel of land upon which the Apartment Complex sits consists of 8.48 acres that the eRA would have otherwise been interested in purchasing Or pllJvilliul;; iW;ClltivclS 1u lhe uwnerl> ur ulher uc:vdupers Lo rebuild or redevelop pursuant to the He.nt of Boynton Redevelopment Area prograJl1; and 2 WHEREAS, the CITY (lces not have sufficient funds budgeted or available to pay for the costs of demolition of the Apartment Complex (bereim~fter the "Project"). NOW, THEREFORE, in cUIlsiucldlion of the mutual covenants, promises, and agreements herein contained, the parties agre~ ;'!<; 1hllnw~: Section 1. R~~tals. The foregoing recitals are true and correct at the time of the execution of this Agreement and are incorporated herein. Sedion 2. Effective Date. The effective date of this Agreement is the date set forth above which shall occur after the formal approval of this Agreement by the City Commission of Boynton Beach and the Board of the eRA. Section 3, Project to be completed by the Citv. The CITY agrees that no later ihan sixty (60) days after the etlective date of this Agreement, it shall enter into a contract or contracts with a J"eputable and duly liccns-::d controctor or contractors for the complete and total demolition of ,,11 sjrnc:tl1rl":~ located on the 8.48 acres of land upon which the Apartment Complex sits. Upon entering into the contract(s) for demolition, {he CITY shall provide the eRA with copies of the executed contracts. During the course of the Project. the CITY shall keep the eRA regularly infomled as to its progress. It is :fwt:t:er understood and agreed that the CITY retains all responsibility for compliance with the terms and provisions of the demolition contract(s), tor permitting and inspections of the Project as it moves forward and upon tennil1a.tion, and tor enforcement 0: the contract(s)' tenns :is a~ainsL lht: cOnLflwlm(s). eRA's uuly lulo ill tIll::: project is to provide funding to the Cny as set forlh in Section 3 beJowand as otherwise provided in Ulis Agreement. 3 Section 4. pavment bv the CnA. Payment for the costs of the Project ap to a ma.ximum of Three Hundred Fifty Thousand Dollars ($350,000.00) shaH be made by tile eRA. Payment shall bl::: mauc ~\,;I.;U1Ji!ll$ to 1I schedule of payments !let forth in the contract(s) entered into by the CITY and upon written ct'rlifil":at1M with ~uJ')pornng documentation by the CiTY. that the task or tasks required of the contractor(s) for the requested progress payments have been successfully completed. In the event of any dispute between the CITY and the contractor(s) over the right of any contractor to receive all or a."l.Y payments Wlder the contract(s). the eRA shall comply with the direction ofthe CITY and shaH be indemnified by the CITY as set forth in Section 6 below. Section 5. Priority of eRA Lien, The CITY shall undertake the Proj ect pursuant to aU statures, ordinances, regulations and proceedings in such a maimer as to authorize the imposition of a lien on the real pTOpcrty of the Project for the costs of the demolition work TTpon tne complet.ion of the work. the City shall record a lien against the property in favor of the City (the "Demolition Lienlf) tor all costs and expenses of the demolition with interest at the applicable legal rate in the Public Records of Palm Beach County, Florida. Concurrently with the recording of the Demolition Lien, the City shall assign the City's interest in the Demolition Lien to the CRt\.. The City makes no warranties to the eRA regarding the enforceability ofthe Demolition Lien, once assigned to the CRA, The torm of the Demolition Lien and the assignment thereof to the eRA shall be ~ppruvcl1 by lIJC CRA. The CITY agrees that the Demolition Lien shall have priority over any and all liens and encumbrances which. as of the date of the r!:':cording of the Demolition Lien, exisl in favor of the CITY. To that end the CITY agrees to the executiol1 and recording of 4 an Assigmnent and Encumbrance Subordination Agreement ("Subordination Agreement") in the form attached hereto as exhibit A. Once the DemolItIon LIen and Lhc SubulI.lill<lliuH AgH:eme.llt have been recorded ill tho l-'ublic; ROGQnb of Palm DCllCh County. the CITY shall defend any action filed challenging 01" contesting the leg(lli~y of the Demolition Lien, or the authority of the CITY to place the pemoJihon Lien on the Property. The CITY shall be entitled to recover its costs associated with defending the legality of the Demolition Lien or the authority of the CITY to place the Demolition Lien on the Property from the eRA at such time as the eRA either tbrecloses. or receives funds to satisfy the Demolition Lien; provided however. that before seeking reimbursement from the eRA of any or all such costs, the City. in defending the legality or validIty of the Demolition Lien, sllalJ have made every reasonable effort Lo recover its attorneys' fees and costs, jf statutorily or otherwise legally provided lor, from the OPpesin2 party in an)' sLlch action. To the extent that such costs are not recovered. or are not recovered in full, the City shall recover such costs from the eRA as provided herein. The eRA, at its own cost and expense, shall be entitled to foreclose the Demolition Lien at a.'1ytime folloV'.ing the recording and assignmenL of the Demolition Lien by the CIlY. SectIon 6. IndemnUlcatioD. Without waiver of limitation as per Section 768.28(5), Florida Statutes, and to be extent permitted by law, the CITY agrees to mdemnlty and hold harmless the eRA from any claims, losses, demand, cause of action or lia.b.i]jtj' of wllat&oc'vtj[ kiwl Ul mllu.n::: Lhl1t U:ll::: eRA, ilS a~enLs or employees mayor ~Olllrl in~lI1- ~I.o;. ,,1 result of or emanating out of the terms and conditions contained in this Agreement and contained in the CITY's contract(s) for the Project. that result from 5 CITY's Dr any contractor'(s)negligence or willful conduct (or that of their respective agents or employees) or from breach of this Agreemenr or the demoliliuIl CUUll act(s) Sec(jOD 7. CJtvPs proit:cl :R.1:1ated Af!:nements. The CITY further agre'~s; u. To maintain books, records, documents, and other evidence whicll sufficiently and properly reflect all costs of any nature incurred ::1 the perfonnance of this Agreement; b. That all records shall be subject to the Public Records Law, Chapter 119, Florida Statutes; c, That the eRA shall be promptly reimbla"sed for any fiInds WhlCh are misused or misspent; d. To complete the project and submit a final project report to thp. CR A hy the A ere~ment expiration date noted in Section 9 below. The final report shall include a final payment request, along with the substantiating documentation. ~edioD 8, Access aDd Audits. The CITY shall maintain adequate records to justify all c.harges, expenses and costs incurred in accordance with generally accepted accounting principles, The eRA shall have access to all books, records, and documents as required in this section for the purpose ot inspection or audit during Donna! business OOUIS during the t~rm of lh.i:s AgH,ement and for at least three (3) youTS after oompletion of the Project. Section 9. Effective T~_rJlllTe..miDation, The term of this Agreement shall be effective on the date set forth above and shall continue in full torce and. effect until 6 September 30. 2005, unless otherwise tem1inated as provided herein. This Agreement may he termmated by either party upon thirty (30) days written notice by the terminating pal1y to the other l'arty. provided that tho eRA wiJ1 not wbitTa.rily or unre::isonably deny fnnrling to the CITYnnder the terms and conditions set forth herein. Section 10, Notices. Any and all notices required or pennined to be delivered pursuant to the terms of this Agreement shall be effective upon receipt, but in any event no later than three (3) days after posting by U.S. Mail, certified or registered, postage prepaid or one (1) day after delivery to an expedited courier service such as Federal Express to the addr~sses listed below. Any of the parties described herein may change their address by giving notice to all other parties set forth in this subsection. lfto tho CITY: With a copy to: If to the eRA: With a copy to: City ofBoyntol1 Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Attention: Kurt Bressner, City Manager James Cherof~ Esq., City Attorney 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Boynton Beach Community Redevelopment Agency 639 E. Ocean Avenue. Suite 107 Boynton Beach, Florida 33435 Attcntior.: Douglas C. Hutchinson, Director KelUleth G. Spillias. Esquire Lewis. Lon$man & Walker. P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 Wfflt PA.lm Beac.h, Floric'la :l.1401 7 Section 11, No Tbird Partv Beneficiaries. This Agreement shaH inure to the benefit of lhe parties, t.ielr succes~ors and assigns, and shall creale: IJO rig.ht~ lI1 il}tcrest.s 1:0 or for any iliinJ pwty .not A Pal-ty heretO'. Section 11. Enforcement CMhl. Arty costs or expenses (includin~ reasonable attorneys' fees) associated with the enforcement of the terms and/or conditions of this Ag.recm.ent shall be borne by the respective parties provided, however, that this clause pertains only to the parties to this Agreement. Section 13. Remedies. This Agreement shall be construed by and governed by the laws of the State of Florida. A-:JY and alllega1 actions nece5saryto enforce the Agreement will be conducted in Palm Beach Couuty. No remedy herein confe.rred upon any party IS intended to be exclusive of any other remedy, amI l:'adl a.ml eveJ y such remedy shall be cumulative and shall be in addition to ever)' other remedy given hereinl1nder or T1f'lW or hereafter F.xi~tine at law or in equity or by statute or otherwise. No single or partial exercise by any party of any light, power or remedy hereinunder shall preclude any other or further exercise thereof. Section 14. Validi'!y. In the event that any section, paragraph, sentence, clause or provision hereof is held by a court of competent jurisdiction to be invalid, such sha.1l no: affect the remaining portions of this Agreement which shall otherwise :emain in full force and etlect; provided however that the invalidity of any provision which des1roys the IIwluality uf ubli8ation provided rOT by the tcnns of this Agroement 3hnll render the entice Agreement null <lTl(J V(,;1i1. Secti~ J5~ EDtire Allreement. This Agl'eement constitutes the entire understanding of the parties and any previous agreements. whether written or oral, are superseded by 8 this Agreement. Any amendment to this Agreement must be in writing and executed with the s.ame fonl1alily by both parties. Section 16. lUlt:J'uu:tatioll. TIlis Agreement shall nClt be construed more stricl.ly against one party thaJl against the other merely byvir1ne of the fac.t that it may have heen prepared by counsel for one of the parties. Section 17. Bindin2! Authority. Each party hereby represents and warr.wts to the other that each party executing this Agreemenr on behalf of the CITY and eRA or any representative in that capacity, as applicable, has full right and lawful authority to execule this Agreement and to bind.and obligate the party for whom or On whose behalf he or she is signing this Agreement. Section 19. Recordation. This A,zreement shall be recorded in the 'Public Records of Palm Beach County, Florida. IN WITNESS OF THE FOREGOING. the parties have set their ha."'Ids and seals the day and year first above written. BOYNTON BEACH COMMUNJTY REDEVELOPMEl'.TT AGENCY CITY OF BOYNTON BEACH By: ~----/~/~. /. Jeanne HC"d \i ilia, Chair By: ~ /rry'!' o. yor ArrEST: 9 SUFFICIENCY: James ~ rot; Esq. City Attorney By: h:\ 1990\9001 82.bb\agmt\cra ila (boynton teITllce) (4-14-05}.doc 10 o ...J "<t <t Z ~ I- W ~ O::::i N I- N Cl en Z Z 0 a: 00 "<t W i= ~ T"""" ~1rl3!~ (55)~<'"i ffi~~ I-"<t Z 0:: "f CO") ;(0";<0 0:: 0- "f g (.) ~ ~ N ~ ~ >- 0 I'- I-~C!U") :no::g~ lD:l"!.~ enenr-.~ <t ~ Z o <D ...Ji=l-a ~::::ienoR 00(.) 0 I- == I'- UJ ~ o o a::: <t ~ >- 0'> ~ <t;;;~-- o In @ j::" u. o g !e.:e cri ~ ci R <t m ::J: 0- en <t @ j::" LL 0 Oon 0 en "f 0 -N (J) o <D. == "<t W o l- LL d en en en UJ 0:: o o <t "<t ~ m ~ o ~ co cf-, o .-:0 en':" 09 ZN N.;, ~"<t zcf-, ~,. N <X) I'- 0 o "<to N CO") o N N "<t ~ o I'- U") CO") M <D M <D N I'- U") <X) N '"": ~ <D o o I'- o I'- ~ co N "<t (J) ~ <X) I'- <D I'- "<to N o o cri o ": m o C> o (J) <D. "<t "<t ~ (J) ~ o ~ co ~ cf-, o .-:0 en':" 09 ~'i' ~~ ZM ~"<t ro I'- 0 o "<to N CO") o N N "<t o I'- U") M M <D <'"i <D N I'- U") <X) N ~ ~ <D o o I'- o I'- co N -<i m ~ <X) I'- <D I'- "<to N o o m o I'- oi o o o m <D v. v ~ (J) ~ o <0 ~ ~ cf-, o .-:~ u9 I~ I-N 1'-.;, ~"<t zcf-, o"<t CO")ro N 0 ~ "<t N CO") ~ N N "<t ~ o I'- l!) <'"i CO") <0 CO") <D N I'- U") cO N ~ ~ I'- o o I'- o r-: ~ m "! "<t m ~ co I'- <D I'- v. N o o cri o I'- oi o o o a> <D ~ "<t C;; ~ o <0 ~ cf-, o ~~ ::J:9 tc; ~~ ZM 0" N co N 0 ~ "<t N M o. N N "<t ~ o I'- U") CO") M <0 CO") <D N I'- U") co N ~ I'- C> o I'- a. I'- ~ a> "! "<t a> ~ <X) I'- <0 I'- "<to N o o cri o I'- m o o o a> <0. "<t v ~ m ~ o <0 ~ ~ cf-, o ~~ I9 ~~ ~~ ZCO") 0" ~ <X) NO ~ "! I'- co <0. o M ~ ~ N ,.-: co <0 o CO") ~ tl) ~ l!) ~ o I'- U") CO") o I'- U") M tl) <0 <'"i <0 N "<t u:> CO") <0 N I'- U") cO N ~ co ~ co N ~. ~ "<t co - ~ Ol "! v Ol ~ o co <D I'- "<to N o <X) <0 I'- "<to N o C> a> o 1'-. Ol o o cri o I'- m U") I'- "<t v "'- M ~ ~ U") I'- - I'- v N U") a> I'- v oocio~ >M>~N .-1N~OO en J; tD o~ 06 1-01- eno(f)oo W~Wo6 595~9 <(N<(-- UJ..ow~~ (f),. (f),.,. ZMZCO")CO") ~,.o,.,. ocoococo coot'-oo v v <D M Ii) ~ I'- CO") o o ~ a> m v N "<t "<t tl) "<t co o o o o Ol I'- o o o o co <0 CO") M o C> o <D CO"). o U") I'- CO") CO") I'- ~ o o CO") <0 ~ I'- <0 o U") a> CO") ~. o U") N v I'- "<t U") o ~ XII. - LEGAL ITEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2, 2005 July] 8,2005 (Noon.) D October 5, 2005 September] 9,2005 (Noon) D August 16, 2005 August ],2005 (Noon) (8J October 18, 2005 October 3, 2005 (Noon) D September 6, 2005 August ]5,2005 (Noon) D November 1, 2005 October 17,2005 (Noon) D September 20, 2005 September 6, 2005 (Noon) D J\iovember 15, 2005 October 31,2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing (8J Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Resolutions authorizing acquisition of parcels in Heart of Boynton with possible eminent domain, as needed and confirmed by the City Commission. EXPLANATION: The CRA Board at their October 10,2005 meeting will be requesting that the City work with the CRA in certain land acquisition for redevelopment activities in the Heart of Boynton Redevelopment Area. The Heart of Boynton Redevelopment Plan was approved by the City Commission as Ordinance 01-59 on December 4,2001. In addition, the City previously adopted Ordinance 98-33, establishing this area of the community as a qualified redevelopment area pursuant to FSS 163.360. The resolutions set the stage for cooperative work between the City and the CRA to facilitate the purchase of property for redevelopment either by voluntary purchase (preferred mode) or by eminent domain. The City Commission retains the sole authority to authorize eminent domain for property purchases. PROGRAM IMPACT: The resolutions are necessary to proceed with the Heart of Boynton Plan. FISCAL IMP ACT: The costs associated with property research, appraisals, survey, legal, acquisition and relocation assistance, as needed would be borne by the CR.A.. AL TERNA TIVES: Do not authorize the resolutions. Property purchased in the H art of Boynton area would be voluntary. This may h an adverse impact on successful implementation of the City Commiss' n approved Heart of Boynton Plan. City Manager's Signature Department Name City Attorney! Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 8 9 10 11 12 20 21 22 25 26 II 1 2 3 4 5 6 71 RESOLUTION NO. R05-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC NECESSITY OF ACQUIRING PARCELS OF PROPERTY MORE PARTICULAR DESCRIBED ON COMPOSITE EXHIBIT "A" ATTACHED HERETO FOR THE PURPOSE OF IMPLEMENTING THE HEART OF BOYNTON COMMUNITY REDEVELOPMENT PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of the properties to implement the Heart of Boynton 13 Community Redevelopment Plan is a matter of great importance and concern to the residents 14 ofthe City of Boynton Beach; and 151 161 WHEREAS, the parcels ofland designated as Parcels 101, 103, 104, 105, 106, 107, 107A, 110, 114, 115, 116, 118, 124, 125, 126 and 127 as more particularly described on 17 Composite Exhibit "A" attached hereto, are required to better accomplish the public purpose 18 described above and further the general health, safety, and welfare to the citizens of the City of 19 Boynton Beach, Florida; and WHEREAS, the area designated as described on Composite Exhibit "A" attached hereto has heretofore been located and surveyed and the properties are needed for the acquisition of property to implement the Heart of Boynton Community Redevelopment Plan; 23 and 24 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 27 confirmed as being true and correct and are hereby incorporated herein. All exhibits attached 2 8 hereto are hereby incorporated herein. 1 KLElbb:mp S:\CA \RESO\necessity reso HOB.doc II 1 hereto are hereby incorporated herein. 2 SECTION 2. It is necessary, serves a municipal and public purpose, and is in 3 the best interest of the City of Boynton Beach to acquire the properties to implement the Heart 4 of Boynton Community Redevelopment Plan. 5 SECTION 3. That the properties described in Composite Exhibit "A" attached 6 hereto be and the same are hereby ratified, confirmed and found to be necessary for acquiring 7 the properties to implement the Heart of Boynton Community Redevelopment Plan. The City 8 of Boynton Beach shall acquire fee simple title to said properties by gift, purchase, or eminent 9 domain as described in Chapter 166, Florida Statutes and Chapters 73 and 74, Florida Statutes. 10 That acquisition of said parcels for this project is necessary and serves a public purpose. 11 SECTION 4. The City Attorney shall first attempt to acquire the properties 12 through negotiations at a price agreeable to both the sellers, if found and determined, and the 13 City of Boynton Beach; however, if such negotiations fail within a reasonable time from the 14 enactment of this Resolution, the City Attorney or the City Attorney's designee is authorized 15 and directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in the 16 exercise of Boynton Beach' powers of eminent domain for the purpose of acquiring the parcels 1 7 described in Composite Exhibit "A" attached hereto and is further authorized and directed to 18 do all things necessary to prosecute such lawsuit to final judgment. In pursuit of such 19 authorization and in direction, the City Attorney or his assistant or designee, is specifically 20 authorized to sign and file a Declaration of Taking so that the City may avail itself of the 21 provisions of Chapters 73 and 74, Florida Statutes, and the City Attorney or his assistant is 22 further authorized to accomplish the acquisition of said parcels by settlement and compromise 2 KLEibb:mp C:\Documents and Senings\ferraral\Local Settings\Temporary Internet Files\OLKl f'ne<:essity reso .doc II 1 in those instances where same can be effected in accordance with the terms, conditions, and 2 limitations established from time to time by the Boynton Beach City Commission. 3 SECTION 5. All resolutions or parts of resolutions in conflict herewith are 4 hereby repealed to the extent of such conflict. 5 SECTION 6, If any clause, section, other part, or application of this 6 Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in 7 part or application, it shall not affect the validity of the remaining portions or applications of 8 this Resolution. This Resolution shall become effective immediately upon its 9 SECTION 7. 1 0 passage and adoption. 11 PASSED AND ADOPTED this _ day of October, 2005. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ATTEST: 30 3 1 City Clerk 32 33 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner 3 KLElbb:mp C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKIFlnecessity reso .doc EXHIBIT "A" Parcel 101 - Keith Kern: The North 100 feet of Lot 10, Block 1, of MEEKS ADDITION TO BOYNTON, according to the Plat thereof, as recorded in Plat Book 9, at Page(s) 54, of the Public Records of Palm Beach County, Florida. LESS the Right-of-Way of Sea crest Boulevard. 4 KLE/bb:mp C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI F\necessity reso .doc Parcel 103 - Triumph the Church: A portion of Lot 14 less a triangular part for road right-of-way, and Lots 15 and 16, less the South 12 feet for road right-of-way Block 1, FRANK WEBBER ADDITION TO BOYNTON, according to the Plat thereof, as recorded in Plat Book 9, at Page(s) 3, of the Public Records of Palm Beach County, Florida. 5 KLElbb:mp C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI F\necessity reso .doc Parcel 104 - Ghali: The West 39 feet of Lot 12, less the South 20 feet, and a triangular part for road right-of-way, Block 1, FRANK WEBBER ADDITION TO BOYNTON, according to the Plat thereof, recorded in Plat Book 9, Page 3 of the Public Records of Palm Beach County, Florida. 6 KUvbb:mp C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKl F\necessity reso .doc Lot 105 - Girtman: Lot 11 and the East 11 feet of Lot 12, less the South 20 feet thereof, Block 1, FRANK WEBBER ADDITION TO BOYNTON, according to the Plat thereof, as recorded in Plat Book 9, at Page(s) 3, ofthe Public Records of Palm Beach County, Florida. 7 KLE:bb:mp C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI Fmecessity reso .doc Parcel 106 - Ghali Lot 10, in Block 1, of FRANK WEBBER ADDITION TO BOYNTON, FLORIDA, according to the Plat thereof, as recorded in Plat Book 9, at Page(s) 3, of the Public Records of Palm Beach County, Florida, less the South 10 feet thereof for road right-of-way. 8 KLE/bb:mp C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI Fmecessity reso .doc Parcel 107 - Keith Kern: Lots 6 and 7, Block 1, FRANK WEBBER ADD., according to the Plat thereof, as recorded in Plat Book 9, at Page(s) 3, of the Public Records of Palm Beach County, Florida. Less the South 10 feet thereof for road right-of-way. Parcel 107 A - Keith Kern: Lots 8 and 9, Block 1, FRANK WEBBER ADDITION TO BOYNTON, according to the Plat thereof, as recorded in Plat Book 9, at Page(s) 3, of the Public Records of Palm Beach County, Florida. Less the South 10 feet thereof for road right-of-way. 9 KLEtbb:mp C:\Documents and Senings\ferraral\Local Senings\Temporary Internet Files\OLKIF\necessity reso .doc Parcel 110 -Roberts: Lots 1 and 2, Block 5, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof recorded in Plat Book 11, Page 43, of the Public Records of Palm Beach County, Florida. LESS AND EXCEPT that parcel of land for road right-of-way purposes in Section 21, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as fo llows: All that portion of Lot 1 and 2, Block 5, PALM BEACH COUNTRY CLUB ESTATES, as recorded in Plat Book 11, page 43 of the Public Records of Palm Beach County, Florida, lying West of the proposed Easterly right-of-way line as shown on the Right-of-Way Map of Seacrest Blvd., as recorded in Road Book 5, Pages 179 through 183, of said Palm Beach County Records. 10 KLElbb:mp C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKl F'J1ecessity reso .doc Parcel 114 - Bell: Lots 7 and 8, Block 5, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof, as recorded in Plat Book 11, Page(s) 43, of the Public Records of Palm Beach County, Florida. 11 KLElbb:mp C:\Documents and Settingsiferraral\Local Settings\Temporary Internet Files\OLKI F\I1ecessity reso .doc Parcel 115 - Ghali: Lot 130, less exterior curve area road right-of way and Lot 131, Both of Block D, Boynton Hills, According to the Plat thereof recorded in Plat Book 4, Page 51 of the Public Records of Palm Beach County, Florida. 12 KLEibb:mp C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKIF\necessity reso .doc Parcel 116 - Jesus House of Worship, Inc.: Lot 1, less the West 25 feet and that part of said Lot 1, which is included in the external area formed by a 20 foot radius arc which is tangent to a line 25 feet East of and parallel to the West line of said Lot 1 and tangent to the South line of said Lot 1, and all of Lot 2, in Block 4, of PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof, as recorded in Plat Book 11, at Page(s) 43, of the Public Records of Palm Beach County, Florida. 13 KLEtbb:mp C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKl flnecessity reso .doc Parcel 118 - King: Lot 4, Block 4, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof, recorded in Plat Book 11, at Page(s) 43, of the Public Records of Palm Beach County, Florida. 14 KLE/bb:mp C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI F\necessity reso .doc Parcel 124 - Scarpulla: Lot 10, Block 4, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof recorded in Plat Book 11, Page 43, ofthe Public Records of Palm Beach County, Florida. 15 KLE/bb:mp C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKIF\necessity reso .doc Parcel 125 - Jefferson: Lot 11, Block 4, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof, as recorded in Plat Book 11, Page(s) 43, ofthe Public Records of Palm Beach County, Florida. 16 KLElbb:mp C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLK1F\I1ecessity reso .doc Parcel 126 - King and Robinson: Lot 12, Block 4, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof, recorded in Plat Book 11, Page(s) 43, ofthe Public Records of Palm Beach County, Florida. 17 KLE/bb:mp C:\Documents and Settings\ferraral\Local Settings\Temporary Internet FiIes\OLKI F\necessity reso .doc Parcel 127 - Johnson: Lots 132, 133 and 134 (less 20 foot return curve area road right-of-way) Block D, of BOYNTON HILLS, according to the Plat thereof, as recorded in Plat Book 4, at Page 51, of the Public Records of Palm Beach County, Florida. 18 KLElbb:mp C:\Docurnents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI F\necessity reso .doc II 1 RESOLUTION NO, R05- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC 5 NECESSITY OF ACQUIRING PARCELS OF PROPERTY MORE 6 PARTICULAR DESCRIBED ON COMPOSITE EXHIBIT "A" 7 ATTACHED HERETO FOR THE PURPOSE OF IMPLEMENTING 8 THE HEART OF BOYNTON COMMUNITY REDEVELOPMENT 9 PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR 10 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the acquisition of the properties to implement the Heart of Boynton 13 Community Redevelopment Plan is a matter of great importance and concern to the residents 14 ofthe City of Boynton Beach; and 15 WHEREAS, the parcels ofland designated as Parcels 1,2,3,4,5,6, 7, 8, 9, 10 and 11 16 as more particularly described on Composite Exhibit "A" attached hereto, are required to 1 7 better accomplish the public purpose described above and further the general health, safety, 18 and welfare to the citizens of the City of Boynton Beach, Florida; and 19 WHEREAS, the area designated as described on Composite Exhibit "A" attached 2 0 hereto has heretofore been located and surveyed and the properties are needed for the 21 acquisition of property to implement the Heart of Boynton Community Redevelopment Plan; 22 and 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 25 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and 2 6 confirmed as being true and correct and are hereby incorporated herein. All exhibits attached 2 7 hereto are hereby incorporated herein. 28 SECTION 2. It is necessary, serves a municipal and public purpose, and is in 1 KLE/bb C:\Docurnents and Settings\ferraral\Local Settings\Ternporary Internet Files\OLKI F\necessity reso 2 (short legals).doc ~~ 2- " 1 i I the best interest of the City of Boynton Beach to acquire the properties to implement the Heart 2 of Boynton Community Redevelopment Plan. 3 SECTION 3. That the properties described in Composite Exhibit "A" attached 4 hereto be and the same are hereby ratified, confirmed and found to be necessary for acquiring 5 the properties to implement the Heart of Boynton Community Redevelopment Plan. The City 6 of Boynton Beach shall acquire fee simple title to said properties by gift, purchase, or eminent 7 domain as described in Chapter 166, Florida Statutes and Chapters 73 and 74, Florida Statutes. 8 That acquisition of said parcels for this project is necessary and serves a public purpose. 9 SECTION 4. The City Attorney shall first attempt to acquire the properties 10 through negotiations at a price agreeable to both the sellers, if found and determined, and the 11 City of Boynton Beach; however, if such negotiations fail within a reasonable time from the 12 enactment of this Resolution, the City Attorney or the City Attorney's designee is authorized 13 and directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in the 14 exercise of Boynton Beach' powers of eminent domain for the purpose of acquiring the parcels 15 described in Composite Exhibit "A" attached hereto and is further authorized and directed to 16 do all things necessary to prosecute such lawsuit to final judgment. In pursuit of such 1 7 authorization and in direction, the City Attorney or his assistant or designee, is specifically 18 authorized to sign and file a Declaration of Taking so that the City may avail itself of the 19 provisions of Chapters 73 and 74, Florida Statutes, and the City Attorney or his assistant is 20 further authorized to accomplish the acquisition of said parcels by settlement and compromise 21 in those instances where same can be effected in accordance with the terms, conditions, and 22 limitations established from time to time by the Boynton Beach City Commission. 2 KLE/bb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI F\necessity reso 2 (short legals).doc II 1 SECTION 5, All resolutions or parts of resolutions in conflict herewith are 2 hereby repealed to the extent of such conflict. 3 SECTION 6. If any clause, section, other part, or application of this 4 Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in 5 part or application, it shall not affect the validity of the remaining portions or applications of 6 this Resolution. 7 SECTION 7. This Resolution shall become effective immediately upon its 8 passage and adoption. 9 PASSED AND ADOPTED this _ day of October, 2005. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: 28 29 City Clerk 30 31 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner 3 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI F\necessity reso 2 (short legals).doc EXHIBIT" A" PARCEL NOo I Lot 10, Block 1 of THE MEEKS AND ANDREWS ADDITION TO BOYNTON FLA. as recorded in PoB. 5, PG. 84, PoB.c.R. 4 KLElbb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKl f\J1ecessity reso 2 (short legals).doc PARCEL NO.2 Lot 9, Block 1 of THE MEEKS AND ANDREWS ADDITION TO BOYNTON FLA. as recorded in P.B. 5, PG. 84, P.B.c.R. 5 KLElbb C:iDocuments and SettingsiferraraliLocal SettingsiTemporary Internet FiIesiOLK1FIJ1ecessity reso 2 (short legals).doc PARCEL NO.3 Portions of Lot 9, and Lot 10, Block 4, of THE MEEKS AND ANDREWS ADDITION TO BOYNTON FLA. as recorded in P.B. 5, PG. 84, P.B.C.R., being more particularly described as follows: The South 1/2 of the West 1/2 of the aforementioned Lot 9, Block 4.; Together with: The North 65 feet of the West 1/2 of the aforementioned Lot 9, Block 4.; Together with: The North 75 feet ofthe aforementioned Lot 10, Block 4. 6 KLE/bb C:\Documents and Seltings\ferraral\Local Seltings\Temporary Internet Files\OLKI FlI1ecessity reso 2 (short legals).doc PARCEL NO.4 The South 75 feet of Lot 1, Block 3, of THE MEEKS AND ANDREWS ADDITION TO BOYNTON FLA. as recorded in P.B. 5, PG. 84, P.B.c.R. 7 KLE:bb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI f\J1ecessity reso 2 (short legals).doc PARCEL NO.5 Lot 20, Block 1, (Less the South 9.3 foot road right-of-way) of THE E. ROBERTS ADDITION subdivision as recorded in P.B. 1, PG. 123, P.B.c.R. 8 KLE:bb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI f\J1ecessity reso 2 (short Iegals).doc PARCEL NO. 6 Lot 18, Block 1, (Less the South 10.0 feet road right-of-way) of the E. ROBERTS ADDITION subdivision as recorded in P.B. 1, PG. 123, P.B.c.R. Together with: the East 1/2 of Lot 19, Bock 1 (Less the South 10.0 feet road right-of-way) of THE E. ROBERTS ADDITION subdivision as recorded in P.B. 1, PG. 123, P.B.C.R. 9 KLE/bb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKIF\necessity reso 2 (short legals).doc PARCEL NO.7 Lot 15, (Less the North 10.00' feet road right-of-way) of the ROBERT WELLS' SUBDIVISION as recorded in P.B. 11, PG. 66, P.B.C.R. 10 KLE/bb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI F\necessity reso 2 (short legals).doc PARCEL NO.8 Lot 14, (Less the North 10.00' feet road right-of-way) of the ROBERT WELLS' SUBDIVISION as recorded in P.B. 11, PG. 66, P.B.C.R. 11 KLE/bb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKIP,necessity reso 2 (shon legals).doc PARCEL NO.9 Lot 166, of the ARDEN PARK ADDITION TO BOYNTON as recorded in P.B. 2, PG. 96, P.B.c.R. 12 KLE;bb C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLK I F\necessity reso 2 (short legals).doc PARCEL NO. 10 Lot 165, of the ARDEN PARK ADDITION TO BOYNTON as recorded in P .B. 2, PG. 96, P.B.C.R. 13 KLE!bb C:\Docurnents and Settings\ferraral\Local Settings\Ternporary Internet Files\OLKI F\necessity reso 2 (short legals).doc PARCEL NO. 11 Lot 164, of the ARDEN PARK ADDITION TO BOYNTON as recorded in P.B. 2, PG. 96, P.B.C.R. 14 KLE/bb C:iDocuments and SettingsiferraraliLocal SettingsiTemporary Internet FilesiOLK1F\I1ecessity reso 2 (short legals).doc XII. - LEGAL ITEM C.4 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 40 41 RESOLUTION NO. 05- 11q A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA; AUTHORIZING APPLICATION FOR A GRANT FOR A LANDFILL FEASIBILITY AND PHASE I ENVIRONMENTAL REPORT FOR 40.2 ACRES OF LAND ADJACENT TO THE BOYNTON LINKS GOLF COURSE (PINE DRIVE NEXT TO THE E-3 CANAL); AND PROVIDING AN EFFECTIVE DATE. 'WHEREAS, the City is currently the custodian agent for a closed landfill located east of the Boynton Links Golf Course and comprised of approximately 40.2 acres; and \VHEREAS, the closure permit for the landfill is scheduled to expire on February 27,2012, subject to earlier expiration dependent on conditions of the landfill and monitoring circumstances; and \VHEREAS, the City desires to have better knowledge of the condition of the landfill for future redevelopment including environmental factors that may dictate, or limit, adaptive reuse following expiration of the current maintenance permit; and, \YHEREAS, the City Commission is not prepared to consider, support or reject future potential uses of the property until additional study is conducted and the City Commission has full and complete information regarding the potential for adaptive reuse; and, NO\Y, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The City Commission authorizes the City Administration to apply for a grant from the Treasure Coast Regional Planning Council for a Landfill Feasibility and Phase I Environmental Report. In conjunction with making application the City Administration is directed not to specify a specific use for the landfill property or adjacent properties. Section 3. This Resolution shall become effective immediately upon passage. 1 2 PASSED AND ADOPTED this _ day of October, 2005. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 ATTEST: 18 19 Commissioner 20 21 City Clerk 22 23