Loading...
Agenda 01-16-07 The City of BoynJton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 ~,.~\."'fY ~, _ Jt', ~ l \ I ' , \ ~ \11.00\' j :r ~~ /_u "" .."" ~ -_./~ "< ~N '0 City Commission AGENDA January 16, 2007 Jerry Taylor Mayor - At Large Janet M. Prainito City Clerk Commissioner - District I Mack McCray Commissioner - District II Jose Rodriguez Commissioner - District III Carl McKoy Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney 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 January 16, 2007 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Father Richard Floreck - St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Mayor Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: 1. Oceanfront Concert featuring Phil Mann and his alleged Orchestra on Friday, January 19, 2007, 6 p.m. to 9 p.m. at Oceanfront Park. FREE The Boynton Beach Heritage Celebration will be held February 23, 24, & 25, 2007. Activities at the Hester Center include children's activities, sports tournaments, art exhibits, and entertainment featuring Suave Smooth, JRed, Boot Leg and Tampa Tony. Kool & the Gang will perform a FREE concert on Saturday, February 24th, 7 p.m. to 10 p.m., on East Ocean Avenue. 2. Boynton Regional Symphony Orchestra classical music concert to be held on Saturday, January 20, 2007, at 8 p.m. at Boynton Beach Community High School. Tickets are $15 and students (Grades 1-12) are free. Discounts for groups of 10 or more. Subscription tickets are $25. 3. Boynton Beach City Library's Heritage Celebration and African-American History Month Activities. Agenda Regular City Commission Boynton Beach, FL January 16, 2007 Feb. 3 1 p.m. Feb. 10 1 p.m. Feb. 16 3:30 p.m. Feb.17 1 p.m. Feb. 21 6 p.m. Feb. 22 6 p.m. Feb. 23 1:30 p.m. Feb. 24 2 p.m. Feb. 24 3 p.m. Calendar of Events PUDDet Show - Puppets reflecting various ethnic groups will present a musical puppet show discussing the principles espoused by Martin Luther King, Jr. FL African American Historv WorkshoD - Learn about great Florida African Americans. Program for all ages. Harriett Tubman - Performance artist will portray Harriett Tubman at the Schoolhouse Children's Museum. The American Constitution - Author Cathy Travis will inform us about our history and our government workings in plain English. African American Familv Film Festival - A movie, suitable for all audiences, which is related to African American Heritage will be shown. African American Film Niqht: Stormy Weatherwith Lena Horne. Insiqht into Remove Africa - A PowerPoint presentation of photos taken by a Library patron in remote parts of Africa. A brief history of the different regions and a description of the culture will be presented. African American Tribute Show - United Teems in Action (teen volunteers) will produce a skit taking place in a classroom where they discuss famous and not so famous African Americans. African American Familv Film - A movie, suitable for all audiences, which is related to African American heritage will be shown. B. Community and Special Events: None. C. Presentations: 1. Proclamations a. Tribute to Vice Mayor Bob Ensler IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> v. ADMINISTRATIVE: A. Accept correction to Public Input Meeting Minutes of Monday, December 20, 2006 on Ocean 95 Project. B. Implementation of Charter Section 20 which requires the filling of a vacancy on the City Commission. C. Appointments: Appointment To Be Made Board Length of Term Expiration Date Alt 1 yr term to 4/07 III Rodriguez Bldg. Bd of Adj & Appeals 2 Agenda Regular City Commission Boynton Beach, FL January 16, 2007 III II Rodriguez Cemetery Board Alt 1 yr term to 4/07 Tabled (3) McCray Code Compliance Board Alt 1 yr term to 4/07 Ensler Community Relations Board Alt 1 yr term to 4/07 McCray Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) Rodriguez Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) McKoy Education and Youth Advisory Board Reg 2 yr term to 4/07 Tabled (2) Rodriguez Library Board Alt 1 yr term to 4/07 Tabled (3) McKoy Library Board Alt 1 yr term to 4/07 McKoy Recreation & Parks Board Alt 1 yr term to 4/07 McCray Recreation & Parks Board Reg 3 yr term to 4/08 Tabled (3) McKoy Senior Advisory Board Reg 2 yr term to 4/07 Tabled (3) CONSENT AGENDA: II III IV III IV IV II IV VI. Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference - December 29, 2006 2. Regular City Commission - January 2, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Approve piggyback of the General Services Administration Contract (GSA) #GS-07F-9491G to Godwin Pumps of America, Inc. for the purchase of one (1) 4" Stationary Diesel Pump in the amount of $26,982.34. 2. Award Bid for "ANNUAL CONTRACT FOR MEDICAL AND DRUG SUPPUES", Bid #012-1412-07/JA, to various vendors with an estimated expenditure of $120,000. 3. Approve piggyback off of the School Board Bid #03C-75P with S&F Construction, Inc. for the installation of a sidewalk along the south and north sides of NW 6th Avenue and the west side of NW 2nd Street, and along the west side of NW 4th Street. The estimated expenditure price is $99,323.60 plus an owner's contingency of 5% in the amount of $4,966.18 for a total projected budget appropriation of $104,289.78. C. Resolutions: 1. Proposed Resolution No. R07-009 RE: Approving and authorizing execution of Amendment No.2, to Task Order 01-17, in the 3 Agenda Regular City Commission Boynton Beach, FL January 16, 2007 amount of $222,761 for engineering services provided by Camp Dresser & McKee, Inc. (CDM) for additional permitting requirements, construction observation services, technical services and groundwater monitoring for the INCA Stormwater Management Improvements and Water Main Replacement Project. 2. Proposed Resolution No. R07-010 RE: Approving the terms and conditions set forth in EMS Grant award (C-6050) as approved by the Palm Beach County Division of Emergency Medical Services. $28,680.33 award for Ocean Rescue truck, and $12,525 award for continuing CERT training. 3. Proposed Resolution No. R07-011 RE: Urging support of issues before the Florida Legislature during the 2007 legislative session that are of great concern to municipalities. 4. Proposed Resolution No. R07-012 RE: Approving an Interlocal Agreement with the Community Redevelopment Agency (CRA) to provide Human Resources related services. The CRA will pay $500 per month for services, plus $150 per hour for special projects. 5. Proposed Resolution No. R07-013 RE: Supporting and endorsing the principles of Home Rule and adopting policies to support the premise that the City should have authority to govern within its jurisdiction, and further providing that such authority should not be eroded. D. Approve payment in the amount of $100,085 for annual software technical support & maintenance from Sungard, H.T.E. Inc. for the period of January 1, 2007 through December 31, 2007. E. Authorize the issuance of a purchase order to Carpenter Electric for the supply and installation of "Transfer Switches" at the Art Center, Senior Center, Public Works, Civic Center and City Hall locations that would allow City facilities to operate via generator power. The estimated expenditure is $303,050.85 with a contingency amount of $45,457.63 for a total expense amount of $348,508.48. F. Authorize the use of Community Investment Funds from Mayor Taylor in the amount of $2,000 for the Boynton Beach CDC Peacemakers Program. 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. 4 Agenda Regular City Commission Boynton Beach, FL January 16, 2007 None. IX. CITY MANAGER'S REPORT: None. X. FUTURE AGENDA ITEMS: A. Temporary Housing of Police Department and Code Enforcement (February 13, 2007) B. Feasibility of Saturday hours for the Building Division (March 2007) XI. NEW BUSINESS: A. Development of Gang Intervention Program XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING MIRAFLOR 1. Proposed Ordinance No. 06-093 acres. (ANEX 06-009) RE: Annexing 3.87 2. Proposed Ordinance No. 06-094 RE: Amending the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 du/ac) (LUAR 06-022) 3. Proposed Ordinance No. 06-095 RE: Rezoning from Residential, Multi-family (PBC RM) to Multi-family Residential (R-3) (LUAR 06-022) a. Miraflor (NWSP 06-027) Request for new site plan approval to construct 40 town homes and related site improvements on 3.887 acres in the R-3 Multi-family Residential zoning district. B. Ordinances - 2nd Reading - Non-development - PUBLIC HEARING 1. Proposed Ordinance No. 07-001 RE: Amending Ordinance 06-050 which consolidated the Children and Youth Advisory Board and the Education Advisory Board to clarify the City of Boynton Beach's Code of Ordinances. 5 Agenda Regular City Commission Boynton Beach, FL January 16, 2007 2. Proposed Ordinance No. 07-002 RE: Amending Ordinance 05-060 to provide that the art fee does not apply to projects which had applications pending on or before October 5, 2005; providing that the 30% of the 1% (.03) Public Art fee is collected by the Building Department at time of Building Permit issuance and the 70% of the 1% (.07) prior to and as a condition of issuance of the certificate of occupancy which includes the Public Art. 3. Proposed Ordinance No. 07-004 RE: Amending section 2-16 of the Code of Ordinances to add a new sub-section (i) to modify the commencement of terms for Board Appointees from April to November to coincide with the City election sequence. C. Ordinances - 1st Reading None D. Resolutions: 1. Proposed Resolution No. R07-014 Re: Appointing a representative to the Palm Beach County League of Cities. 2. Proposed Resolution No. R07-015 Re: Appointing a representative to the Metropolitan Planning Organization. 3. Proposed Resolution No. R07-016 Re: Appointing a representative and alternate to the Coalition of Boynton West Residents Association. 4. Proposed Resolution No. R07-017 Re: Appointing a representative and alternate to the County-wide Intergovernmental Coordination Program E. Other: None XIII. UNFINISHED BUSINESS: None 6 Agenda Regular City Commission Boynton Beach, FL January 16, 2007 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, HElsHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HElsHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.s.286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR AmVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST lWENlY-FOUR HOURS PRIOR TO THE PROGRAM OR AcnYITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Agenda 01/12/07 11:00 a.m. S:\CC\WP\CCAGENDA \AGENDAS\year 2007\011607.doc 7 J""....... ""t1C'.....r YOt- .'- "'\ 1= C-(.. ~ /,' ; ':. " . ~ . - J-,>_". . _> .~)_"< ",- /' :~) '-, III.-ANNOUNCEMENTS & PRESENTATIONS Item A.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetinl! Dates in to Citv Clerk's Office Meetinl! Dates in to Citv Clerk's Office D December 5, 2006 November 20,2006 (Noon.) 0 February 20. 2007 February 5. 2007 (Noon) D January 2, 2007 December 18,2006 (Noon) D March 6. 2007 February 20, 2007 (Noon) ~ January 16. 2007 January 2. 2007 (Noon) D March 20. 2007 March 5.2007 (Noon) D February 6. 2007 January 16, 2007 (Noon) D April 3.2007 March 19.2007 (Noon) ~ ArmouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA nON: Armounce the upcoming Oceanfront Concert and the Boynton Beach Heritage Celebration Super Weekend and Concert. /- EXPLANATION: On Friday, January 19,2007, the City will present an Oceanfront Concert, featuring Phil Mann and his Alleged Orchestra. _ On February 23, 24 & 25, 2007, The Boynton Beach Heritage Celebration 2007 is presented by The City and CRA. The Hester Center activities include: Children'sActivities, Sports Tournaments and Art Exhibits. On Saturday Continuous Entertainment featuring: Suave Smooth, JRed, Boot Leg and Tampa Tony. Also on Saturday, Kool & the Gang will perform a FREE Concert on East Ocean Avenue between Seacrest and NE _151 Street. A VIP area will be set up for City officials and their guests. Other activities as determined by the Committee. . Friday, January 19,2007,6:00 PM - 9:00 PM at Oceanfront Park, 6415 N. Ocean Boulevard, Ocean Ridge. FREE . Saturday, February 24,2007,7:00 PM - 10:00 PM, Concert Featuring Kool & the Gang. 100 block E. Ocean Ave. FREE. PROGRAM IMPACT: We wish to present quality events that will bring the residents of Boynton Beach and the surrounding conimunities into the downtown Boynton Beach area. FISCAL IMPACT: None AL TERNA TIVES: Not permit announcement /.... Assistant to City Manager CW-- City Attorney! Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC r- ~'~T~~ . "', c' Ix ~. ; 0" "l (; / J.- / ..' !1 . ,.' / '", V ?~ 0 ;,~--?_~~/ III.-ANNOUNCEMENTS & PRESENTATIONS Item A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 5, 2006 November 20, 2006 (Noon.) D D January 2, 2007 December 18, 2006 (Noon) D March 5, 2007 February 12,2007 (Noon) [8) January 16,2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) D February 13, 2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) [8} Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA nON: Announce the upcoming classical music concert to be performed by the Boynton Regional Symphony Orchestra. ,.-.... . EXPLANATION: The Boynton Regional Symphony Orchestra, under the direction ofBari)' Volkman, will perform Mozart, ~ Haydn and Beethoven on Saturday, January 20, 2007, at 8:00 p.m. at the Boynton Beach Community High School. Subscription tickets are $25.00, Single Concert tickets are $] 5.00 each and Students (through high school) are free. Groups of] 0 or more receive special discounts. For tickets and information, call (561) 369- 3432 PROGRAM IMPACT: This announcement will raise public awareness of the Boynton Regional Symphony Orchestra and its concert series. FISCAL IMPACT: N/A ALTERNATIVES: Not to make the announcement. ~~~aru'e Ui- , City Manager's Signature Assistant to City Manager ~ kty #f~~m~lj::: City Attorney / Finance ",-.. I S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CLASSICAL MUSIC CONCERTS MOZART I HAYDN I BEETHOVEN SATURDAY JANUARY 20, 2007 MENDELSSOHN I MOZART I SCHUMANN SATURDAY MARCH 3, 2007 8:00 PM BOYNTON BEACH COMMUNITY HIGH SCHOOL 4975 Park Ridge Blvd. I Boynton Beach, FL (Parking via Gateway Blvd., 2 lights east of Congress) TICKETS: Subscription: $25 Single Concert: $15 Students (through high school}: FREE Groups of 10 or more recieve special discounts! Sponsored by: TARGET. CITY OF BOYNTON BEACH. PALM BEACH COUNTY. PALM BEACH COUNTY CULTURAl COUNCIL r /, ~'0~~'?f~~.~ c~ r:: "" ' v. " .,--- -''- ..,,('/.... .. ,i ,-:;; ;-J. III.-ANNOUNCEMENTS &. PRESENTATIONS Item A.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 5, 2006 November 20.2006 (Noon.) D D January 2, 2007 December 18,2006 (Noon) D March 5. 2007 February 12,2007 (Noon) ~ January 16, 2007 January 2.2007 (Noon) D March 20, 2007 March 5,2007 (Noon) D February 13, 2007 January 22, 2007 D April 3, 2007 March 19,-2007 (Noon) ~ Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Announce Boynton Beach City Library's Heritage Celebration and African-American History Month Activities. I"" EXPLANATION: The Boynton Beach City Library and Schoolhouse Children's Museum will host African American activities throughout the month of February. The activities for the Heritage Celebration weekend of February 23 and 24 include an Insight into Remote Africa through a photo presentation, African American Tribute Show produced by the Library's teen volunteers and an African American Family Film. A complete list of the Library's and Museum's activities is attached as Exhibit A. PROGRAM IMPACT: Participate in the joint effort of the City-wide Heritage Celebration to create a professional Celebration and promote a positive impact between all heritages within the City of Boynton Beach. FISCAL IMPACT: None. AL TERN A TIVES: None. (;W~ Department ead s Ignatore City Manager's Signature Assistant to City Manager ~ City Attorney / Finance Department Name r- S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC HE'RIT.AGoE z.." e - z . ~ ,.. m. :I: <'E"E8~nON ~007 BOYNTON BEACH CITY LIBRARY African American History Month Calendar of Events: February. 2007 I EXHIBIT A I Saturday Feb. 3 1 :00 PM Puppet Show Puppets reflecting various ethnic groups will present a musical puppet show discussing the principles espoused by Martin Luther King, Jr. Saturday Feb. 10 1 :00 PM FL African Amel(ican, MistoliY. WaEks:lilep IIProgram for all ages. Friday Feb. 16 3:30 PM Harriett Tubman Performance artist will portray Harriett Tubman at the Schoolhouse Children's Museum. Saturday Feb. 17 1 :00 PM The American Constitution Author Cathy Travis will inform us about our history and our government workings in plain English. Wednesday Feb. 21 6:00 PM African American FamnYLiIi'ilRh~e)Ubf.al A movie, suitable for all audiences, which is related to African American heritage will be shown. Thursday Feb. 22 6:00 PM AflfiGa;li1l1~m'i..i:aatURli"ll;Ni:bn~Q"'ii;J'lJ.we~t/J:e.t; ""l"lt.~" 10'\. ';'1.7 , . '.."r~ """ , with l:.en~Hh:)r;ffe ' liThe movie Stormy Weather with Lena Horne will be shown. Friday Feb. 23 1 :30 PM Insiaht into Remote Africa A PowerPoint presentation of photos taken by a Library patron in remote parts of Africa. A brief history of the different regions and a description of the culture will be presented. Saturday Feb. 24 2:00 PM African American Tribute Show United Teens in Action (teen volunteers) will produce a skit taking place in a classroom where they discuss famous, and not so famous African Americans. Saturday Feb. 24 3:00 PM African Amer;icanli'.ami,l,y (i\iitn , A movie, suitable for all audiences, which is related to African American heritage will be shown. III.-ANNOUNCEMENTS & PRESENTATIONS Item C.1 T'R ItJ II TE Mystical Hasidic Judaism as well as other segments of Judaism know that there is the Jewish tradition of 36 righteous men whose role in life is to justify the purpose of mankind in the eyes of God. Their identity is unknown to each other. Vice Mayor Bob Ensler, who dedicated himself to improving the quality of life for the community through public service, was one such man. Mr. Ensler, who passed away on January 6, 2007, was initially elected to the City Commission in November 2003 and was serving his second term. He had been named Vice Mayor. He was instrumental in the formation of the city's Veterans Advisory Commission and was a proponent of the City's planned Boundless Playground. He was also a founder and on the board of directors of the Boynton Beach Regional Symphony Orchestra and the Greater Boynton Beach Sister City organization. In addition, he was on the board of directors of the Tomadachi Judo Club and was a black belt and three time Pan American Judo Masters Gold Medalist. Vice Mayor Ensler brought to the commission more than 40 years of experience with major corporations in areas of engineering and design, government contracting, financial analysis, planning and corporate acquisitions. This enabled him to be an active participant in the redevelopment of the city and a valuable resource for all citizens. Mr. Ensler served in the 8th Army in Korea. After an honorable discharge, he was involved in many highly classified programs for the U.S. Government, including removal of Russian missiles from Cuba, surveillance of communist countries during the Cold War and development of the AWACS aircraft. He was a member of the American Legion, the Veterans of Foreign Wars (VFW) and the VFW National Home for Children. During his career, he was also responsible for and managed multi-million dollar businesses in the commercial and industrial sectors. Born in Manhattan, New York, Mr. Ensler came to the area 20 years ago from Penn Valley, Pennsylvania. He held a Bachelor of Science degree in Mechanical Engineering from Hofstra University and a Government Contracts Law certificate and Advanced Certification from Hofstra. He is survived by his wife Judy, sons Henry and David, daughter Beth and eight grandchildren. It is fitting and appropriate, therefore, that the City of Boynton Beach recognizes with this Tribute 'Rciberl;E~ for his dedication and service to the citizens of Boynton Beach. In witness whereof, I have set hereunto my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 16th day of January, Two Thousand Seven. ATTEST: Jerry Taylor, Mayor City of Boynton Beach City Clerk (Corporate Seal) MINUTES OF THE PUBUC MEETING TO DISCUSS THE PROPOSED OCEAN 95 EXCHANGE HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA, ON MONDAY, NOVEMBER 20, 2006 AT 6:30 P.M. 1. Introduction by Kurt Bressner, City Manager (City Commission Members, City Staff and Developer) Mr. Kurt Bressner, City Manager, opened the meeting at 6:33 P.M. and thanked the public for coming. The meeting had been convened at the request of the City Commission, to review the Ocean 95 Exchange project in detail with the residents, and more specifically, to review the traffic and impacts on the surrounding neighborhood. More than 300 notifications were sent in an effort notify more residents than the original public hearings held by the Planning and Development Board and the City Commission. State Statute required notification be provided to property owners within a 400-foot radius of a project. However, with projects having a broader impact, the notice may not always be sufficient. Mr. Bressner gave a review of the topics for discussion. He introduced Mayor Taylor and Commissioner Jose Rodriguez, who were attending with Special Observer status. Mayor Taylor represents the entire City and part of the subject property falls within District III represented by Commissioner Rodriguez. The following City staff were present: . Jeff Livergood, Director of Public Works and Engineering . Mike Rumpf, Director Planning and Zoning . Eric Johnson, Principal Planner The following Developers were present: · Anthony DeSimone, Representative for Coral Capital Palm Beach, LLC, Property Owner · Crockett Farnell, Director of Development, Genesis Development, Inc. and Authorized Agent for Boynton Industrial LLC · Chris Heggen, Project Manager, Kimley-Horn and Associates, Inc., Traffic Engineer 2. Review of Procedure to follow for the meeting - Kurt Bressner Mr. Bressner served as moderator for the meeting and reviewed the agenda. He announced there would be a question and answer period. The last item on the agenda would be whether there would be any recommendations forwarded to the City Commission for review. Mr. Bressner encouraged the public to sign in so the City could maintain contact with them. 1 Special Meeting Minutes Ocean 95 Exchange Plaza Boynton Beach, Florida November 20, 2006 3. Background of Project (location, history of property, history of industrial zoning of property) - Mike Rumpf, Planning Director for City of Boynton Beach Mike Rumpf, Planning and Zoning Director, explained staff conducted a review of the site. Industrial zoning dated back to 1975/1977. Commercial zoning preceded that going back to the early 1960's or earlier. There were permits for commercial/industrial uses dating back to the 1970's and older. Delray Chemical, located at 516 West Ocean Avenue had an occupational license in March of 1978. Historically, there were occupational licenses issued there. As long as the project met the criteria in the Code, the owner has the legal right to develop the site. The zoning was in place and in effect. The City does not have the legal authority to deny the request. The Comprehensive Plan also recognized industrial areas there in 1979 and 1986. It did not identify conflicts or issues given their proximity to residential areas. Recent zoning and land use studies did identify the subject area and others in close proximity that would be Impacted through noise, odor or other industrial impacts and traffic. Those were specifically identified in the plan and continue to be studied by the City through pending consultant. The site plan for this project was filed on May 17, 2006. The presentation made at the October 17, 2006 City Commission meeting, revealed it would occupy 3/4 of the subject property and would not affect the Bulldog Fence Company. The remainder of the property was acquired by the current landowner and was the subject of the site plan application for an industrial project. There would be three buildings occupied by multiple tenants. 4. Review of Proposed Project - Developer and Staff Mr. Bressner introduced Mr. Crockett Farnell, representing the applicant/developer. Mr. Crockett Farnell explained the type of project to be developed, and the type of traffic that would be generated. He explained having deed restrictions or restrictions on the sale of the property were legally unenforceable. The property configuration limited their options as it pertained to truck traffic. The proposed use was historically an allowed use, but they wanted to find the best route and have a method of improving, it to accommodate the community's concern. Mr. Farnell did not want to put an undue burden on any neighborhood or create unnecessary hazards. He described the location as between the railroad tracks and 1-95. They considered many traffic options including Boynton Beach Boulevard, but the grade and the ramp did not make it viable. The buildings and layout of the site were long and narrow. All buildings align parallel to the property. Because of the depth of the property, traffic would travel parallel to the buildings themselves. Where the building ends, there are 18-foot parking stalls with a 20 or 24-foot roadway and parking stalls on the other side. There are no accommodations for tractor-trailers. They do not have dock high loading ramps to off load. He showed the building elevation with the main entrance. The only way a truck could get in was to pull straight in. There was an area to back in and turn around. The Code dictated the uses for the site, but he stressed anyone looking at the site for reasonable and efficient use that would need tractor-trailers, would not buy it because they could not accommodate trucks on a regular basis. They see the vast majority of traffic to be car or box trucks (i.e. UPS and FEDEX/ two-axle truck traffic). 2 Special Meeting Minutes Ocean 95 Exchange Plaza Boynton Beach, Florida November 20, 2006 Mr. Farnell indicated trip counts for all vehicles were 1,000. The national average for truck to car traffic for industrial standards was about 8%, with the majority being passenger vehicular traffic. That aspect further limited the exposure, turning the focus to which of the available routes made the most sense. The existing route, which uses NW 1st Avenue and other roads, had a problem because it was narrow, with a bad corner that needs to be enlarged and the Oty does not have a right-of-way area. The positive aspect of that route was that it affected the least amount of residents. The West Ocean Drive route was a good straight-forward easy route, but the right-of-way was not as wide and there was a difficult at the round-about. The remaining option used West Ocean Drive because it had a wider right-of-way and offered greater visibility to see oncoming traffic. There was also space for sidewalks. Mr. Farnell had a chart of school bus stops, that were assumed to be at corners or at intersections. Three stops along the Ocean Drive access way were indicated 6. Is a South Access to the project site feasible (via Home Depot/Expo)? ~ Jeff Livergood, Director of Engineering and Public Works for the City of Boynton Beach (Taken out of order) Jeff Livergood, Director of Public Works and Engineering explained as engineers they look at roadway design, infrastructure that would carry traffic volume, and safety. In this instance, there was an existing roadway network for many years. Ocean Drive was the main entranceway to the downtown area before 1-95 was built. One of the reasons Ocean Drive had a 70-foot right-of-way was because it was the collector road to the downtown area. There was an industrial area right along the tracks. This was a normal infrastructure design. Mr. Livergood explained 1-95 was constructed parallel to the CSX railway. The zoning allowed for industrial uses and for all these years traffic hasn't been too much of an issue. Because the zoning allows a developer to approach the City to use the land for different purposes, the City is now tasked with finding a solution to the situation. When the developer and the City reviewed the design, staffs perspective was they thought it was an opportunity to provide a different access pOint to the development. 1. There is a public roadway that dead ends on the north side of Home Depot Design Expo. The roadway was designed to tie into a large piece of property owned by Winchester. There was ability for Winchester to develop the property and that would have been ideal. 2. There was a major change in rail lines when CSX built double tracks to accommodate Tri- rail. There was also a redesign on the location of the tracks, which used to be located behind Home Depot. The railway realized in their desire to increase train speeds, they had to realign the rail bed to have a higher speed turning movement. Trains do not turn quickly and wide sweeps of curvature on the tracks are needed which necessitated realigning them. Formerly cars would have come straight across the tracks and could access the property fairly easily. To safely cross train tracks, a 90-degree angle is needed. There is no location to cross the railway at a 90-degree angle. Staff asked the developer to review that, but there is no property available because it had been bisected with the realignment of the rail line and CSX would not allow it. Therefore, south access was not a possibility. 3 Special Meeting Minutes Ocean 95 Exchange Plaza Boynton Beach, Florida November 20, 2006 5. Traffic Report and Traffic Recommendations - Jeff Livergood, Director of Engineering and Public Works for the City Staff looked to the north end of the property because it was accessible by a public right-of-way. The owner of the property has the right to use the right-of-way road to access the property, but it was not ideal with industrial or commercial development because it runs through a residential neighborhood. The dilemma was how to best get the vehicles to the site without an impact on surrounding residents. Some areas would have a higher impact and traffic may be directed down a particular street, to minimize the impact on the rest of the neighborhood. Traffic has been directed to 7th, the 1st to 6th, because it is the path of least resistance. At one time there were not a lot of homes there. In general, 8th Street from Home Depot towards Boynton Beach Boulevard, is posted as "No Trucks". At some point, 7th, 1st to 6th was chosen as the access route because of a lesser impact. Historically, there have been problems over the years to restore right-of-ways from damage where trucks went off the roadway. They looked at all the streets, and each one could be made into the route, but some are just better than others; none are perfect. The City examined safety for the children and the best way to ensure safety would be to have separation. They have to look at the least potential for vehicles to come into contact with pedestrians or children, and children. Ocean Drive has a 70-foot right-of-way to utilize the street with enough room to install sidewalks and have separation from the sidewalk to the street by a green area. Ocean Drive already has sidewalks but they need to be connected at intersections and at Hibiscus Park. Hibiscus Park was one of the negatives because you would not want more vehicles where there would be more children. There were several things the City could consider to mitigate the impact on the users of the park. Another option was to not use Ocean Drive at all. The City could work with the developer to design and construct the route to minimize impact on the community and enhance safety for the children. He emphasized they could not do all of it and not everyone would be happy. They could not guarantee it would be 100% safe for kids, but they could do their best to minimize the impacts. Everything assumes risk. Staff pledged their commitment to work with their developer to develop a route as safe as possible and asked the community recognize there is no perfect solution. 7. Questions and Answers - Moderated by Kurt Bressner Mr. Bressner had questions to staff and developer. Mr. Bressner spoke about the replacement of a 20k sf, (square foot) building with a 133K sf building in the area. The magnitude of scale is larger than what was currently there. The intensity of the development drives the traffic. He asked Mr. Rumpf to explain how that was possible under the zoning regulations. Mike Rumpf explained the Land Development and Zoning Regulations do not go outside scope of the property boundaries. When a project applies for a new site plan, if the zoning is in place, there are general performance standards to satisfy with respect to concurrency and traffic. The majority of the regulations apply to the site itself. It assumed it is preferred the City have zoning districts, unless special provisions were previously made or the Comprehensive Plan was rewritten. It assumes if it complies with zoning regulations the project has a right to develop. 4 Special Meeting Minutes Ocean 95 Exchange Plaza Boynton Beach, Florida November 20, 2006 Mr. Rumpf confirmed the developer had the legal right to develop a building of that size provided it conformed to the setback requirements of the City. Mr. Rumpf pointed out the property had a difficult configuration and size, and was essentially underutilized at the present time, in spite of the intensification. The property in its present condition is blighted. The new plan showed the property being internally developed, contained within the walls, and cleaned up on the outside. He confirmed the property has been zoned for years for this use. There was nothing the City Commission could legally do, so long as the building conformed and they met the standards of approval in the Land Development Regulations. Mr. Bressner advised the design of the building precluded or made it very cumbersome for larger vehicles to access the site with any regularity, other than incidental access of trucks initially. He inquired if there had been any discussion about deed restrictions or other types of restrictions on the sale of the property that limits the type of vehicles that could be used, to provide some type of mechanism or instrument of ownership for the property that would carry with it some restrictions. Mr. Crockett advised his understanding was that was not legally enforceable. They could be in the covenants but they are not enforceable in court or the practical reality of someone policing and refusing trucks. He explained in reference to the project density, this project is between 10-15% smaller than the allowable use based on the zoning regulations. Mr. Bressner asked Mr. Farnell to review the design of the building and why it was thought larger trucks would be discouraged from getting in and out of the site with any regularity. Mr. Farnell reviewed the south, middle and north buildings, which had gaps between them and loading areas, of only 30 feet. He discussed the Ocean Avenue Drive entranceway. The road is two lanes in and out with a loading area in front of the overhead doors. The depth is 30 ft of loading space and a regular tractor-trailer is 50 feet. They could parallel park, unload and depart. If an owner wanted to use a building that needed that type of truck support on a regular basis they would not buy the building. They would not go after large-scale distribution and warehouse spaces. He could not guarantee there would be no semi-tractors, but generally speaking, for businesses that use large-scale trucks, the location would be problematic. Donald Marks, 746 West Ocean Avenue, asked when trucks were traveling west on Ocean Drive towards 8th, the truck would take 8th to Boynton Beach Boulevard, which was a posted "No Truck" road. He advised he counted 43 trucks traveling that road. He asked about law enforcement, and advised they are not enforcing the road or the speed limit. Mr. Livergood explained he was not certain what "No Trucks" signage meant. He clarified typically there would be a weight limit posting which would allow the police to enforce that restriction. Mr. Marks was concerned the traffic counts would increase. Mr. Livergood explained they would change the configuration or the posting of the weight restriction on 8th Street. Katie VanLennep, 818 W. Ocean Avenue, explained the present condition of 8th Street was poor, having no sidewalks and uneven pavement. She asked if 8th Street would be improved for pedestrian, general and vehicle truck traffic in light of the increased traffic generated by the project. 5 Special Meeting Minutes Ocean 95 Exchange Plaza Boynton Beach, Florida November 20, 2006 Mr. Livergood responded that would be a consideration they would have in determining the final route. Mr. Bressner added that issue may not necessarily be attributable to this specific development. Mr. Livergood responded there may be some responsibility to the developer for cost participation, and noted some of the trucks using the road are not associated with the site. There are trucks going to Home Depot and Lowe's that should be coming off of Woolbright. Mr. Livergood announced that location was where the truck restrictions needed to be diligently enforced. He did not believe they would have the same weight, loading, or type and size trucks for this development that they have going to Home Expo and Home Depot. Matt Prisabell, 741 W. Ocean Drive, explained traffic generated would be boxed truck traffic. He wanted to know what was being done to help the residents as opposed to helping a profit center flourish. Mr. Livergood explained there would be infrastructure improvement to separate pedestrians from vehicles, which would be widening Ocean Drive to back up to both sidewalks on the other side and putting up a fence at Hibiscus Park. Mr. Livergood explained they wanted to make sure they had a reasonable width of two 12-foot travel lanes. They would make improvements to the intersection of Ocean Drive and 7th. Mr. Bressner indicted some decisions need to be made at this meeting about how to handle the traffic that would be affected by this project. Skitter Bengston, 719 SW 3rd Avenue, had maps and discussed Boynton Beach Boulevard near Industrial Avenue and pointed out there was a storage facility, and an industrial road that goes under the 1-95 bridge. She advised the Department of Transportation (DOT) owned the road and they could get an access easement through Industrial Road. She advised the Oty just needed to negotiate with the owner and the DOT. She explained all the options pertained to finding a route through the neighborhood, but Industrial Avenue was an option. Mr. Chris Heggen, the consulting engineer looked at that option and agreed the road does go undemeath the Boynton Beach overpass, but the problem was making the connection on the south side of the roadway because it aligned with a privately owned property, east of 6th and west of the railroad tracks. He explained it was not possible to bring the road through with the correct design and curvature without going through condemnation process. Ms. Bengston spoke with FOOT and indicated no condemnation needs to place. She explained the owner of the storage facility said he could give an access easement. She recommended finding out the regulations for permits from DOT as opposed to going though the neighborhood. She announced the City of Boynton Beach had equipment in the staging area and advised there was access via Industrial Road. Mr. Bressner explained the contractor had their staging area near Store All. He asked if it would be feasible if a corridor were acquired south of Boynton Beach Blvd. that could connect to the general area along the railroad right-of-way. Mr. Heggen explained the problem is there was a house on the property. The railroad would not allow a roadway within its right-of-way. The 6th Street alignment could be done with condemnation of one piece of property. There was one piece of privately owned property. 6 Special Meeting Minutes Ocean 95 Exchange Plaza Boynton Beach, FlorIda November 20, 2006 Mr. Bressner explained when property is purchased, damages to the remainder, would occur which meant the property had to be acquired in total in order to make the connection to 6th. It was possible that two properties would need to be acquired. Mr. Farnell explained the problem was the 90 degree angle issue. There would need to be a large turning radius and it might impact the second home as well. Mr. Farnell explained DOT only encompassed the right.of-way and overpass, and the railroad owned the rest. If the road connected through, he would be more than happy to take that route, but the reason they could not was because the abutment at the end of the road was sharp and steep by the ramp, and there would need to be a ramp almost all the way back to the circle. He advised if there was a way through, they would have looked at it. Skitter Bengston indicated that based on the September meeting minutes, there were 34 conditions of approval and she wanted to know why the site plan was approved without meeting the conditions. Mr. Farnell explained the standard procedure in Boynton Beach is to provide the condition and the developer accepts the conditions. It was not typical to have full. blown construction drawings because it is not known at that time whether it would be approved or not. Ms. Bergston commented some projects take years to get approved. She questioned why this project only took four months. Mr. Farnell explained they have been working with staff and the site for over a year and a half. He elaborated there were many adjustments and they changed the plans as they went along to get to the point of presentation to the Planning and Development Board. There was also a moratorium on industrial zoning. A woman from the audience asked the Commissioners and all associated with the project to really look at the project and see the impact. She clarified doing so did not just pertain to homes; it can pertain to all projects and would not necessarily result in a lawsuit. She urged the City to place stipulations on the agreements. Bill Dier, 700 SW 1st Avenue explained he is a site development manager in the industry. He noted the developer is starting to tear down the old buildings and asked if they had a permit. In his line of work he indicated they had a stipulation that they were not buying anything until the project was approved. He questioned why the developer was moving ahead with modifications to the property when he did not have the right to build the building. Mr. Farnell responded the demolition was fully permitted and allowed; they were cleaning up the site. There were old deteriorated buildings on the site that were attracting poor transients, so demolition was needed. The property is vested and is zoned, but does not have site plan approval. Mr. Dier announced he chooses to not make assumptions and the way the City was talking, the project was all set to go. Mr. Dier explained Hibiscus Park was the biggest sore they have there. He announced they went to town meetings and the police indicated they are making drug busts there. He expressed he did not believe putting a fence up and lights on it would cure the problem. The project is not an improvement. Mr. Farnell explained they were open to recommendations and was not aware of issues at the park. 7 Special Meeting Minutes Ocean 95 Exchange Plaza Boynton Beach, Florida November 20, 2006 Mr. Dier requested the City officially review the DOT option of using the road under the overpass. Mr. Bressner announced a commitment was given by the developer to look at the DOT. An unidentified woman referred to the September 26, 2006 Planning and Development Board meeting minutes. She quoted the minutes, in response to a question about the type of traffic expected at the site as being 55-foot trailers, which they could put on the site and turn around easily. She announced this was a contradiction throughout the meeting. The meeting minutes indicated the loading dock heights would not accommodate tractor-trailers. The woman indicated jf the buildings did not accommodate 55-foot. trailers, why did the City want to discuss a plan that accommodated the 55-foot trailers. Mr. Farnell indicated the comment was in reference to the fire department. Mr. Farnell responded from a feasibility standpoint and as a user, the docks do not accommodate the trucks as an efficient transportation method. Trucks could be drive into the site, parallel park and turned around in certain locations. He advised when people were moving in, there would be semi-trucks and an occasional user will have a semi- truck. But it is a requirement of the City to allow Fire department to enter the site so there needed to be roads designed so a full size fire truck could enter the site. For day-to-day truck use it is highly impractical. The woman asked if the Fire Department was satisfied with the grade of the road. Mr. Farnell responded they were. Terry Iiames, 656 NW 1st Avenue, explained she owns commercial property. She thought saying there would not be very many rigs was not accurate. There were tractor-trailers using the road all the time, and the police department does not know its one way because they traverse the road as well. She stressed tractor trailers wjIJ use the road. Light industrial could encompass, cabinetmakers, plumbers and others with tractor-trailers entering the site. She noted there could be up to 38 companies. She announced she lives on 1st Avenue and if she lived on Ocean she would be upset. Their subdivision has been in existence for quite some time. She wanted to know if the Police Department would be in that area. Mr. Bressner explained the Police Department would do selective enforcement. The City of Boynton Beach proactively enforces traffic, but could only do it on a complaint basis. The woman announced that would ruin the community. Mr. Farnell indicated he never at any time said there would be no tractor-trailers on the site. To the contrary, there was no way they could stop them from being there. It was an allowed use and he stressed he was trying to say the buildings do not lend themselves to businesses needing rigs. An unidentified man, residing at 722 W. Ocean Drive thought this was a quality of life issue. He requested the northern options be looked at more closely. Mr. Farnell announced some of the allowable uses were to store septic waste there, a recycling plant there, or a steel plant, tow- truck services, outdoor car services are all allowed uses. Mr. Farnell announced he would target small sole proprietor businesses such as subcontractor businesses, storage to some extent, but not self-storage, and what was limited by the Code - generally office warehouse units. Mr. Farnell was not opposed to re-examining the north access option and would prepare the information again about it. 8 Special Meeting Minutes Ocean 9S Exchange Plaza Boynton Beach, Florida November 20, 2006 Gloria Melvin, 131 W. Ocean Drive, wanted to know what the City would do if a child got hurt. She explained there were school bus stops and kids on the streets. Ms. Melvin explained when individuals come up W. Ocean Drive from the park it was easy to travel up to 60 mph, because there were no stop signs. She elaborated speeding occurs all the time. She questioned whether the City Commissioners could live with themselves if something happened to the children and implored the City to not allow it. She indicated speed bumps do save lives and indicated if the City could not control the speed on the road, to not allow it. She also commented if traffic- calming devices were added, they would slow emergency vehicles. Mr. Farnell shared the concern about safety. He acknowledged there were some problematic and dangerous intersections, which require improvements. Sidewalks would help keep pedestrian traffic off the roads. He explained once the route is identified, they could add traffic- calming features and design the roads to ensure the traffic is controlled in the proper fashion. Gary Leonards, 619 SW 2nd Avenue, thought Ocean Avenue may be widened and sidewalks added on both sides of the street. He advised many homes there do not have much of a front yard and if a sidewalk were added by Hibiscus Park, a significant part of the park would be lost. There are almost 1,200 trips per day and questioned the eight percent would be trucks. He calculated that to be a heavy truck driving by every five minutes. He spoke about the intersection of Old Boynton Road and Boynton Beach Boulevard and it having capacity until 2009. He indicated right now if the intersection were developed it would be fine, but not in three years. With the addition of big trucks, the intersection would be dangerous. When the Tradewinds was developed, the City said they would put a crossing behind the Home Expo. The City was promised there would be a crossing there and they would close the crossing at Ocean. He questioned, why the City could not go along the railroad tracks at a 90-degree angle and then go up. Mr. Bressner explained you could not run the road on the east side of the tracks. The tracks have moved. Mr. Leonards suggested coming behind the Home Expo across the old tracks and new tracks, and then go north, between 1-95 and the new tracks. It appeared there was enough of an easement. He contended CSX promised to close down the Ocean Avenue crossing, 20 years ago. Mr. Livergood explained with the above proposal, in the gravel area, compared to where 1-95 was, there was a Florida Department of Transportation right-Of-way with private property and then the CSX right-Of-way. The width of the area that is private property where the road could go is not sufficient to handle a 24 ft right-oF-way, with drainage appurtenances, and the turning radius requirements. Carol Mahoney, 737 SW 1st Avenue, asked at what point it was determined the railroad crossing was not sufficient. Mr. Livergood explained that was discovered months ago. Ms. Mahoney advised in the September 26, 2006 minutes, Eric Johnson, Planner, noted the property to the south could be developed and there could be a cross access agreement. Mr. Farnell advised that was not in reference to the railroad crossing, rather it was in reference to property that is not available to them. It is too small to build on. The Industrial Avenue 9 Special Meeting Minutes Ocean 95 Exchange Plaza Boynton Beach, Florida November 20, 2006 access road could not pursued because there are two homes on the property. The area of drivable easement is not aligned and the shoulder of the road has a fence. The owner has equipment staged there. To develop a roadway there, one property and likely a second property would have to be acquired. Mr. Bressner advised the purpose of the meeting was to gather any new information available. A roadway under Boynton Beach Boulevard, without the property being available, is not an option. Mr. Uvergood advised there is no perfect solution. 6th Avenue has a traffic circle, and people cut a corner to go across the tracks and do not use the circle. Mr. Bressner advised an alternative would be to take out the traffic circle. He further advised there is a memorial planned for the circle; however, Mr. Livergood advised the City does not want to encourage any unsafe movements. Mr. Heggen advised the traffic concurrency analysis for the 8th Avenue and Boynton Beach Boulevard intersection were reviewed by the City and the County. They reviewed the conditions at build out, and the 2009 conditions would operate within the County's guidelines and acceptable levels of service. The County also required a third level of traffic from others means. Demaris Oliver, 619 W. Ocean Avenue, explained their home is the only home her daughter has known. She loves the neighborhood. She asked how to make contact with the owner of the property to determine if they were willing to sell the property. She asked if the City could guarantee the trucks would use the truck route. Mr. Bressner advised the route would be posted, but there were no guarantees and there would be abuses. Commissioner Rodriguez, thanked all who came out for the meeting. He indicated there was a different alternative presented and it appeared the focus was on the north access. He requested a report how to get a route established on the north side, and then a decision would need to be made. Jeff Morgan, 745 SW 1st Court, suggested abandoning the property. He asked why the developer did not pick another site, and why would the City allow it. He suggested rezoning the area. He spoke about the church in the area and suggested listening to the community. Wendy Fretwell, who grew up at 713 SW 3rd Avenue and was a Co-owner of the property of 412 E. Ocean Avenue, indicated besides the comments made, she asked whether the City spoke to Tri-Rail and Amtrack. She reported they traverse the route much more than CSX. She noted Tri-Rail is increasing its services, and the gates would be closed more often which adds to the chances of a wreck. Mr. Bressner advised there are four quadrant gates at the current crossings. Mr. Livergood explained by having the quadrant gates at the location would allow the City to petition the Federal Railroad Administration, Florida Department Transportation for a quiet 10 Special Meeting Minutes Ocean 95 Exchange Plaza Boynton Beach, Florida November 20, 2006 zone. The gates would come down on all four sides. CSX owns the tracks and Tri-Rail and Amtrack are permitted users by CSX. Matt Berger, SW 6th Street, asked how high the structure was and then indicated if the building were 24 feet high, it would serve as an amplifier for train noise and deafen the neighborhood. MariAnne Griffiths, 656, SW 4th Avenue, read about the issue in the Palm Beach Post. She announced, there were two schools within one mile of her home. The children walk to school down Ocean Avenue, and the children are at the park with their parents waiting for the bus. She indicated the school bus cannot make the turn there. She did not understand why the City would want to send the traffic north. There were two lanes of traffic on either side of the road, and traffic turning off Woolbright from 1-95, have designated turn lanes. She alleged traffic was being diverted to another route that cannot accommodate it. Ms. Griffith questioned the height of the building. Mr. Farnell explained the Code allows for the building to be 34.5 feet in height. He has 210 parking stalls as required by zoning regulations. He anticipated having 39 to 40 bays. They could have three different businesses or more. He responded to landscaping questions and advised the building would front 1-95. For every 12 to 15 feet there would be trees planted with a hedge-row and other plants and buffers in accordance with Code. There would be trees planted along the back of the building, which could help mitigate the noise. Paul Bosco, the Adjunct and Secretary for the American Legion reported they did not like traffic going through a residential area regardless of what improvements were made, because of the children. He advised between the trains and the trucks, his building needed to be cleaned everyday because of the dust. His biggest concern was the children, and he was the Children and Youth Chairman for the entire American Legion district. Mr. Farnell responded the dust occurs because the area was unpaved. That aspect would be improved, paved and cleaned up. Ken Griffiths, 656 SW 4th Avenue, indicated he worked in Delray and noted residential property was being squeezed out to commercial. Terry Iiames commented there had been a feed store on the property and the City told the feed store it had to become residential. She asked why this property had to be commercial/light industrial. Mr. Rumpf explained the feed store was a non-conforming use. The zoning of the property was residential at that time. When it discontinued operations, the regulations mandated the license could not be renewed. The property was rezoned to M-1 in approximately 1975. The City cannot just rezone the property without costly ramifications. Mildred Willes, 315 SW 6th Court, had a problem with the traffic flow. She advised the traffic does not stop and she was concerned for children and elderly residents. She requested the City figure out a plan. 11 Special Meeting Minutes Ocean 95 Exchange Plaza Boynton Beach, Florida November 20, 2006 Mr. Bosco asked when the zoning was changed to light industrial. Mr. Rumpf indicated his research showed the zoning was changed to M-1 in approximately 1975. 1-95 was developed in approximately 1977. Chris Lemon, 737 W. Ocean Avenue, asked if there would be any possibility of bringing traffic from the north one-way, on a one-way road, and have it continue out another way. Mr. Livergood explained to do so, would require the developer to acquire property from Mr. Winchester and install a $300K railroad crossing. Mr. Bosco asked what could be done to make the area a residential area. Mr. Bressner noted one option was the City could acquire the property. He explained the law requires the purchase price would be based on the highest and best use of the property based on its industrial zoning. Sara Newcombe, 160 W. Ocean Drive, felt the highest and best use for the industrial property diminishes the highest and best use for the residential property in the community. She was opposed to the project. Kari Kimmey, 707 SW 3rd Avenue, asked what residential area meant if there were signs indicating no trucks. She asked what weight the road could withstand. She thought the City should be able to dictate how property could be used. Mr. Bressner indicated the issue was the weight of the vehicles and not the volume of the vehicles. He noted the overall percentage of large trucks, versus small trucks, based on traffic projections was a small percentage. Mr. Livergood explained the street pavement has the capability to handle a semi-tractor trailer of about 72,000 pounds. As contained in the staff report, the developer would be required to look at the structural number of the pavement, and determine what improvements were needed to offset and mitigate the additional wheel loadings. This could be addressed by engineering design. Mr. Uvergood announced that whatever was developed would need to be definitive in how the streets are posted so the police can enforce by weight. Carol Fretwell, 713 SW 3rd Avenue explained, on SW 3rd Avenue in the 700 block, there were nine homes with more than a dozen children, which was common to the area. She explained the middle school was close by and the children are not bused. She advised they would have dead and maimed children. She announced for each 55-foot truck, the visibility of the driver is limited and they would not see someone two feet tall. She explained with the big trucks, and 39 possible businesses, there was a tremendous amount of traffic in a residential area. Gary Pouncey, 661 SW 4th Avenue, spoke about a north/south entranceway and the property being owned by an individual. He advised if the property was wanted, a check needed to be written. He reported further west of Ocean Avenue, there were two schools with about 5,000 children who would be using Ocean, 8th, 7th and other streets. He suggested buying the property . Lola Swanson, 721 W. Ocean Drive, spoke about the trucks coming down SW 8th. She asked what improvements would be made. 12 Special Meeting Minutes Ocean 95 Exchange Plaza Boynton Beach, Florida November 20, 2006 Mr. Livergood reviewed improvements on 8th Street and on Woolbright. He thought working towards the south end could be a good solution and could offset improvements that need to be made. Ms. Swanson and Mr. Livergood reviewed other improvements that would need to be made. Mr. Heggen reported they studied existing traffic volumes on Ocean Avenue and Ocean Drive to determine the existing traffic levels over a 24.hour period. Based on those counts, the trips generated do not warrant a traffic signal. Ms. Swanson indicated traffic during peak hours, and the four way-stop would need to be addressed. For afternoon rush hour, Ocean Drive had a total of 39 vehicles. Mr. Heggen reported 120 vehicles are needed to warrant a signal. On Ocean Avenue there were 53 vehicles. Ms. Swanson suggested a crossing guard. Mr. Livergood responded a crossing guard is posted by the Police Department based on gaps in the traffic stream and if there were sufficient gaps for pedestrians or groupings of students to cross. He indicated that could be looked at. Mr. Livergood indicated on Ocean Drive, they would need to make sure there was adequate turning radius so when the vehicles turned they would stay on the pavement. This would assist children to stay on the pavement and off the street, and also protect green areas. That would be on all intersections. Ms. Swanson noted sidewalks do not line up. Mr. Livergood agreed. They would look for a consistent sidewalk network with appropriate ramps and handicapped accessibility all the way through up to 8th. The intersection by the park at 7th split, and needs a new geometric design. Ms. Swanson advised that is a bus stop. Mr. Livergood advised although sidewalks would cut down on green space at the park, they provide a psychological barrier and indicate to pedestrians to stay inside the sidewalk area. He suggested reviewing with the developer, if the neighborhood thought it was appropriate, to install a fence to keep basket balls in the area. They would need to ensure the traffic circle was properly signed and stripped and designed to encourage traffic to travel in a clockwise circle. Mr. Livergood explained those were the types of issues that could be viewed, but stressed they did not know what the all encompassing list would include until they knew exactly where the route would be. The staff report indicated the types of design considerations that would be made. They would take into consideration where there might be a high number of pedestrians and/or where a crossing guard and school cross walk might be placed. Wendy Franklin, 120 NW 6th Street, was the home owner of the property that was discussed for acquisition. She attended the Planning and Zoning meeting. Her family had four businesses, she has lived in the area for SO years and several family members were employed by the City of Boynton Beach. She reported the home in question was built by her father, she was born here. She advised another route needed to be found because she was not interested in moving. Her aunt and uncle live across the street from her and her mother lives down the road. Joe Somoana, 649 SW 3rd Avenue commented the developer was indicating there were no trucks, while trying to make truck access. He indicated the City was facilitating tractor-trailer trucks. 13 Special Meeting Minutes Ocean 95 Exchange Plaza Boynton Beach, Florida November 20, 2006 Mr. Bressner clarified there would be truck traffic, predominately from the small step van trucks, but there would be some larger trucks. Theresa Rodriguez 708 SW 1st Avenue, advised If one of the routes went through her street, she would have to put her home up for sale. Ada Dier, 700 SW 1st Avenue, spoke about bus stops. She attended a neighborhood watch meeting, and was told by the Police they would not install speed bumps. Mr. Bressner indicated staff generally discourages speed bumps, or humps because they can cause road noise, although it does slow traffic down. City staff has been reluctant to utilize those and there are other traffic calming methods or enforcement. Adlin AuGustin, 607 SW 1st Avenue, advised as a truck driver he would use the shortest route. Mr. Bressner advised as a designated route, it would be an enforcement issue. Peter Simo, 813 SW 1st Avenue, suggested accessing the property from the east or doing a feasibility study coming from 1-95 heading southbound. Mr. Heggen explained FOOT has a limited access facility and they protect the areas except for designated ramp areas, not allowing any driveways or access points onto or off of 1-95. FOOT also spaces ramps to prevent weaving of traffic. 8. Possible Recommendations to the City Commission - Group Mr. Bressner reviewed the three alternatives and the information from the meeting. Staff had recommended Ocean Drive to 8th be the option of the three originally proposed. One permutation would be to have access to the south, from Woolbright rather than Boynton Beach Boulevard. The north access route could be reviewed but could not be mandated as it involved personal/private property and interagency discussion, but it could be investigated. A permutation of this would be to come in off of Industrial Drive and go out another way or visa versa, but have some manner of splitting the traffic. That could reduce traffic coming through the neighborhood by 50%. The need for a traffic signal at 8th and Ocean Avenue was probably very small. As a fact, the property itself was zoned Industrial, and the developer had the legal right to develop the property and it was a lawful use. The City has the ability to review the impacts and minimize them to the best of their ability. Mr. Bressner commented they received good input from the meeting. He reiterated what he announced at the City Commission meeting which was, the art of compromise and the art of a good deal was both parties leave the table feeling a little disappointed. The City Commission asked to have something brought back to them. 14 Special Meeting Minutes Ocean 95 Exchange Plaza Boynton Beach, Florida November 20, 2006 Charlotta Terri, 317 SW 7th Street, wanted it noted in the minutes it was very important there be a last option, which was to view the neighborhood and the way it is laid out. The project is not wanted and it was the City's responsibility to rezone the property. She advised the City needed to take responsibility for it. Mr. Bressner advised this meant the City would have to buy the property. Mr. Bressner advised he would add that as an option, but did not know if it was feasible or a viable option. From a real estate perspective, the property would be acquired based on the highest and best use of the property. Mr. Bressner thanked all for coming and closed the meeting at 9:28 p.m. Respectfully submitted, 15 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR1.. V. ADMINISTRATIVE ITEM B. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk' s Office 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) 1:8] January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 1:8] Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Commission. Implementation of Charter Section 20 which requires the filling of a vacancy on the City EXPLANATION: The untimely death of CommissionerNice-Mayor Robert Ensler on January 6, 2007, creates a vacancy on the City Commission. The procedures for filling a vacancy on the City Commission are set forth in Section 20 of the City Charter. The first step ofthe process requires that the City Commission, at the next regular meeting of the City Commission, or as soon thereafter as possible following the declaration of such vacancy appoint a duly qualified citizen to fill the vacancy until the next municipal election. This provision of the Charter suggests that the City Commission should declare the vacancy in District Seat I at the regular City Commission meeting of January 16, 2007. Additional procedural details of Charter Section 20 for filling the vacancy are further explained by the attached memorandum. At its option, the City Commission may authorize the City Clerk to accept written applications from interested and qualified residents of City Commission District I and establish a deadline for the receipt of the applications. PROGRAM IMPACT: None FISCAL IMP ACT: In the event the City Commission is unable to reach agreement on an appointment after two regular City Commission meeting s have been held, the City Commission will be required to call a Special Election. The cost of a Special Election will be approximately $20 , 000 ALTERNATIVES: None A TT ACHMENTS: Memorandum from City Attorney outlining procedure. Copy of City of Boynton Beach Charter Section 20 Map of City Commission District 1 Boundaries Assistant to City Manager ~ Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Mayor and City Commission CC: Kurt Bressner, City Manager FROM: James A. Cherof, City Attorney DATE: January 8, 2007 RE: District Seat I - Vacancy The untimely death of Vice-Mayor Robert Ensler creates a vacancy in the Commission District Seat I. The Vice-Mayor's Commission seat term would have been until November, 2009. The procedures for filling a vacancy on the City Commission are set forth in Section 20 of the City Charter. That section provides: In the event of a vacancy occurring in the members of the City Commission, except at the close of a regular term, it shall be the duty of the remaining members at the next regular meeting, or as soon thereafter as possible, following the declaration of such vacancy, to appoint a duly qualified citizen to fill said vacancy until the next municipal election, at which time the balance of the original members term shall be filled by election. In no event shall an appointment or election alter the term of the district seat. Municipal election shall mean the election held on the first Tuesday in November of the calendar year. If a majority of said remaining members are unable to agree upon the selection of a Commissioner to fill said vacancy after two (2) regular meetings have been held, the City Commission shall call a special election for that purpose. The following sequence of action is required of the Commission: Step One. The City Commission must declare the vacancy in the Commission Seat for District I. This declaration should occur at the next regular City Commission meeting on January 16,2007. Step Two. A majority of the Commission must agree on the selection of the Commissioner to fill the vacancy. The Commission must reach agreement on the selection at either C:\Documents and Senings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\Comm (Vacancy) (2).doc the February 13,2007 or the March 5, 2007, which due to scheduling changes are the next two regular City Commission meetings. An individual who fills District Seat I by appointment will hold that seat until the municipal election in November, 2007. The successful candidate for the District I Seat in the November, 2007 election will hold the seat until November, 2009. Step Three. If a majority of the Commission is unable to agree on a selection, the City Commission shall call a special election for that purpose. Step Four. Special Election. Preliminary information from the Supervisor of Elections office indicates that sixty (60) days notice of election is required. The individual who fills the District I Seat following a Special Election will hold that seat until November, 2009. Step Five. November 2007. The appointment of a duly qualified citizen to fill the vacancy is only until the next municipal election at which time the balance of Vice Mayor's Ensler's term shall be filled by election. The next municipal election is November 2007. Charter Section 20 requires that the City Commission appoint a "duly qualified citizen". There is no definition of the phrase "duly qualified citizen" in Section 20, but Section 17 of the Charter describes the qualifications for the office of City Commissioner and provides: (c) Qualifications for City Commissioners. Only qualified electors who have resided in the City of Boynton Beach for at least one (1) year immediately prior to the election and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies as a candidate for office shall be eligible to hold the office of City Commissioner. Each Commissioner and each candidate for Commissioner shall be elected from the election district in which he or she resides... The foregoing referenced dates for Commission action are premised on the assumption that the City Commission will only declare the vacancy at the Commission meeting of January 16, 2007. Charter Section 20 does not contain any language which would prohibit the City Commission from both declaring the vacancy and making an appointment immediately thereafter at the January 16, 2007 meeting. The only requirement of Charter Section 20 is that the declaration of vacancy proceed the appointment. Additionally there is no requirement that the declaration of vacancy be made at a regular City Commission meeting. Accordingly the City Commission could accelerate the process outlined above by announcing the vacancy at the Commission's agenda preview meeting on January 12,2007. 2 Bovnton Beach, FL Code of Ordinances PART LCHARTER ARTICLE II. CITY COMMISSION* ARTICLE II. CITY COMMISSION* Sec. 20. Filling vacancy on City Commission. In the event of a vacancy occurring in the members of the City Commission, except at the close of a regular term, it shall be the duty of the remaining members at the next regular meeting, or as soon thereafter as possible, following the declaration of such vacancy, to appoint a duIy qualified citizen to fill said vacancy until the next municipal election, at which time the balance of the original members term shall be filled by election. In no event shall an appointment or election alter the term of the district seat. Municipal election shall mean the election held on the first Tuesday in November of the calendar year. If a majority of said remaining members are unable to agree upon the selection of a Commissioner to fill said vacancy after two (2) regular meetings have been held, the City Commission shall call a special election for that purpose. (Laws of Fla. 1947, Ch. 24398, g 16; Ord. No. 90-80, g 1,1-2-91, election of3-12-91; Ord. No. 01-25, g 7, 7-3-01; Ord. No. 02-043, g 4, 8-20-02, election of 11-5-02) Editor's note-Ord. No. 02-043, ~ 2, 8-20-02, election of 11-5-02, deleted previous ~ 20 pertaining to the fixing of salaries by resolution. Said section was derived from Laws of Fla. 1947, Ch. 24398, ~ 27; Laws of Fla, Ch. 67-1119, ~ 1. Current 9 20 was originally part of Article IV and designated ~ 51. c...,..,.. ",.",., I .." Old BoyntonRd m<b '@ii. '~... a~ ~ .-~" Sf-ANDREWS DR-- a 0:: ~ 0:: ~ < 'jC lIi ~ lURNBERRY CT w w ~ w z n: .~~-~~c~ , . .. .wo:: ...... lIi~ ~o ........ a 0::. w U z W 0:: ~ ?:c .3 a ::< 0:: ~ w 15 u .< ffi- -:d ~ ..~ :3 ~ z m~ Cl 0:: a >- lr ~ ~ u"'~ o ~ ~ .... ~ PlNE:fREE DR GLENEAGLESDR WooIbrighlRd QlJNt.. ~QRN ~LN ._ Q~ 'v~ ~~~ stiE,LLD~~ ~ -' GQLFRO- GOIRiI~~RIDGEDRS. CeYNTRl'RD + ~.. . . 0 "p. ~n o 0:: ir ... z ~ o u -<) 1i'1Cl1lb Cj. ..-ec " Gt ..z. _ ~\.4A->._ __. '('0-- l' 0:: b 0_ ~ t5 ~ ~ ~ < '0- . * Coconut Ln ..-\ 0 . Stlreets D City Boundal)' - '.- CoII..ldistJid_1 ~. ..~ ... 0 ,_.~-~. ~-~ '-I Z .-NW.1STAVE. :.sW-1S+-AvE ,SW2ND.wE rSW .JRD-JI,VE .-sw 4lHAVE- SoN 5lHAVE' sW.mi-AVE: . $W7l1i-AVE - _ SW-8THAVIi. SW9lH-AVE: SW-1OOHAVE .-,... m 0- 0:: <'>- ~- m 'W~Rd- -CD ..:E. (0) -l0- P -. ..(1)-. . .~-'1 __ -f--- (1). . (1) _~-' CD~ ....' ~. '-ICDUl-'1 :X~H:x - CD-.... X,(/! _-:l..1i! ~ H to H \D (I) . .RD---': ~ !!. ...... ID'- ~- .to- n <: ... 0 .0-_(1) Z ~ '" WUJ NE-22NO ST-. !liE '!9lh:st - N -+. s V. ADMINISTRATIVE ITEM C. APPLICANTS ELIGIBLE FOR APPOINTMENT 01/16/07 LAST NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3111 CHOICE APPUCATION SUBMITTED Aikens Willie L. Community Redev. 6/20/06 Aaencv Board Buchanan James (Buck) Community Redev. 7/10/06 AQencv Board Hillery, Jr. Edward G. Planning and 11/15/06 DeveloDment Bd. /tr( 1\ r VI.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20, 2006 (Noon.) 0 February 20, 2007 February 5, 2007 (Noon) 0 January 2, 2007 December 18, 2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) [8J January 16, 2007 January 2,2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 6, 2007 January 16,2007 (Noon) 0 April 3,2007 March 19,2007 (Noon) NATURE OF AGENDA ITEM Administrative Consent Agenda Code Compliance & Legal Settlements EXPLANATION: Procurement Services received a request from the Utilities Department to purchase one (1) 4" Stationary Diesel Pump from Godwin Pumps of America, Inc. of Bridgeport, New Jersey. The Utilities Department has worked with Godwin Pumps in the past and they have been very responsible and reliable. PROGRAM IMP ACT: The pump will be permanently installed at Lift Station #925 in the Cascade Lakes residential community. Agreement with the Cascade Lakes Residents Association and the City was approved at the Commission meeting on November 21,2006. The pump will allow for the continuation of wastewater pumping during power outages at Lift Station #925 which serves that community. One half of the purchase price of the pump will be reimbursed to the City by the Cascade Lakes Residents Association. FISCAL IMPACT: Funds are allocated in the FY 2006/2007 budget as follows: Total Cost to the City: Budget $26,982.34 13.491.17 (50% Reimbursement) $13,191.17 Account Description CIP R&R Sewer Account Number 403-5000-590-96-04 SWR III hase the pump, this will not allow the operatio 0 tation during power outages. .., City Manager's Signature Department rM1u ... Procurement Services S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Memorandum Utilities #06-212 From: Bobby Jenkins Assistant Finance Directo:n Kofi Boateng, PE I. ^.. ~~ C'r Utility Director l'-t~ ~ To: Date: December 14, 2006 Subject: Piggy-back GSA Contract Bid #GS-07F-9491G One (1) 4" Model CD100M Stationary Emergency Diesel Pump Agenda Item The Utilities Department would like to piggy-back the General Services Administration Contract (GSA) to purchase (1) 4" Stationary Diesel Pump for the Cascade Lakes Residents Association and the City of Boynton Beach. The contract was awarded to Godwin Pumps of America, Inc. of Bridgeport, New Jersey. Godwin has regional facilities around the country and locally here in Tampa Florida. The department has worked with and purchased Godwin pumps in the past and they are very responsive and reliable. The pump will be permanently installed at Lift Station #925 in Cascade Lakes. An agreement with the Cascade Lakes Residents Association and the City was approved at a Commission meeting on November 21, 2006. The pump will allow continuation of wastewater pumping during power outages at lift station 925 which serves that community. One half of the purchase price will be reimbursed by the Cascade Lakes Residents Association. Attached is the agreement between Cascade Lakes and the City. The cost of the pump is $26,982.34 The Cascade Lakes Residents Association 50% share of the purchase price is $13,491.17. Funds are available in account #403 -5000-590-96.04 SWR 111, Utility Reserve. Attached is the proposal from Godwin with a price breakdown and the GSA discount. Please present this at the next Commission meeting for approval. If you have any questions contact me at ext. 6401, Pete Mazzella at ext. 6404 or Tony Lombardi at ext. 6421 . TLI Attachments Xc: ~f- Pete Mazzella Michael Low Tony Lombardi Barb Conboy Dan Spooner File "'" N o o 0\ tJ ~ ~ i1- 1J ~ ~ "' "' :::! N' ~ ~ 3' CD CD 1J - c:: .g C) () en 0 () . ~~ () 0 () g 0 0 -....J 0 ->. o -. 00 01 -....J a,:;) 0 0 ~ 01 QII 0 CD ." ~ 0 )> ~ tJ -c:: 01 1J 3 0 "0 en CD f--- :::! CD' () c.... r- en -< 0 0 Q) Q) ~ ^ iii' (jj CD .- ::J ::J .- c: CD 3 (J) c: CD c: FJ ..., c: 0 0- I' N ~. Q) N CD 0 "U ~ c: " Q) ..., c: CD or CD W N ..., W W CD s: < r- r- w -f () 0 CD 0 ->. 0 Z CD W -....J ..., ->. 0 ->. < ->. 0 N )> ->. W 00 0 N 0 ->. <D 0 00 0 ->. G) en G) en G) (f) G) G) en G) (f) G) G) en G) G) G) G) en en f--- "U ^ "U ^ "U ^ "U "U ^ "U ^ "U "U ^ "U "U "U "U ;:;: ;:;: 0> c: W c: w c: W 0> c: W c: 0> w c: 0> W ->. ->. CD CD 0 ~ 0 ~ 0 ~ 0 0 ~ 0 ~ 0 0 ~ 0 0 00 0 -f -f -f -f -f -f -f -f -f -f -f -f -f -f g, ..., 0 0 0 0 0 0 Q. Q!. c: Q!. c: Q!. c: Q!. Q!. c: Q!. c: Q!. Q!. c: Q!. ..., Q!. Q!. CD ~ ::J ::J ::J ::J ::J ::J !!!. CD 0 CD .- CD .- CD .- CD CD m CD .- CD CD m CD CD CD CD '< '< CD CD CD CD c: ..., a. ..., a. ..., a. ..., ..., a. ..., a. ..., ..., a. ..., ..., ..., ..., :;) - S' CQ - I I I I I I I I I I I I I I I I I I I I r- in' - ." :::! n' CD - (I) (I) (I) (I) (I) (I) (I) (I) (I) (I) (I) (I) (I) (I) (I) (I) (I) (I) (I) (I) C) ~ ->. ->. ->. ->. ->. ->. ->. ~ ->. ->. ->. ->. ->. ->. ->. ->. ->. ->. ->. ->. _<D 01 0> 00 _00 _-....J 00 _00 -....J _00 _.l:>o 01 .l:>o _.l:>o 01 01 _w N N 00 ." en ".t. N :=0 -....J 00 01 ->. -....J <D 0> ->. ->. ->. -....J 00 <D 01 01 01 -....J n 0> N ->. -....J ->. W N W <D 00 <D 01 .l:>o 0 01 .l:>o 0> 01 0> 01 00 :'l ~ W 01 -....J ~ ->. .l:>o ->. <D 0> ->. ->. .l:>o W 0 -....J ->. W rn <D ->. W 0 0> m <D <D 00 0 w 00 <D -....J 00 00 <D <D (0 :e:.. 0> .l:>o -....J 00 00 <D N 0 W 0> .l:>o -....J .l:>o <D ->. -....J <D 00 .l:>o 0 ~ :;;: S' 8 CJ Q 0-~(1) o 0' 2" 0 "0 (1) _. 0- .., 0.. t: o ~ (i. _n",O $. 3 S. ~ 8 o..::s o ^ _. t: ^ ~ :;;: S. ft .., ;!l. ~ (1) '="> "0 :;;:'< 0 0 H(JC; 0- f"""'t- _. '""'t 0 S. ::s Q. '< o .... ~ F .... ~ -< Q) ::J 3 Q) ..., w -f Z < 00 00 o <6 \0 > 3: -1 (j)(j) ~ 0 ~ Q, n !. o ::J ::J ." :::rc: Q 3 0." ." In :::! 0 o' - S. )> to 3 (I) :::!. o P S- f) (j) ~ . C) ~ . -.0 ~ -.0 - (j) ::r .a '" r ~ ~ - '" n El (;; 0.. <: - ~ :z s (TQ (1) ~ 0 ~ I""" - (1) >< <:!. CJ ~ CZl 0 0- -.I tit 'Tl \0 . """ - \0 - CJ --- 0 -.I ~ -f :-J Vl w '"0 > 0\ 1 CJ CZl I 0 -.I 'Tl I \0 """ \0 CJ I CJ gedwin pumps Great Pumps. Great People. 202 Winston Creek Parkway Lakeland, FL 33810 Telephone: 863-682-8800 Facsimile: 863-682-5200 December 15,2006 Boynton Beach, City of 124 East Woolbright Road Boynton Beach, FL 33435 Attention: Mr. Anthony Lombardi Phone: (561)375-6421 Fax: (561)742-6298 RE: Godwin Dri-Prime@ Model CDIOOM Critically Silenced Automatic Self-Priming Diesel Pumpset. Sale Quotation # KA2884.01 Dear Mr. Lombardi: Godwin Pumps of America, Inc is pleased to provide the City of Boynton Beach with the following Sale Quotation for our Godwin Dri-Prime@ Model CDIOOM Critically Silenced Automatic Self-Priming Diesel Pumpset. This quotation is based on approved pricing structure per General Service Administration Contract (GSA) #GS-07F-9491G. If we can provide additional information or assistance, please do not hesitate to contact us at 863-682-8800, mobile at 813-363-5962 or via e-mail attampa@godwinpumps.com. Sincerely, GODWIN PUMPS OF AMERICA, INe. Kevin Abernathy Sales Engineer KNtla December 15, 2006 Boynton Beach, City of Attention: Mr. Anthony Lombardi Sale Quotation #KA2884.0I Page 2 of3 ** SALE QUOTATION ** ITEMQTY LIST PRICJ!j. GsA PRICE ,DESCRIPTION A $26,711.04 B 1 Godwin Dri-Prime@ Model CDlOOM Critically Silenced Automatic Self- Priming (to 28 feet) Diesel Pumpset. . 4" Flanged Suction and 4' Flanged Discharge Connection. . Solids handling to 1 7/8". . Dry Running Oil Bath Mechanical Seal. . Driven by Yanmar 31NV88, 24.6 HP @ 2200 RPM, water cooled diesel engine. . Entire pump and engine assembly shall be completely enclosed with sound attenuated panels. . Mounted on a GL3 highway trailer with integral 70-gallon fuel tank and lifting bracket. . Average fuel consumption 1.1 GPH @ 1800 RPM. . Noise Level: 69 dBA @ 30 Feet $34,815.00 $625.00 $271.30 1 Godwin two float switch assembly with 7-pin connector. For use with the Godwin Prime Guard diesel engine controller ESTIMATED SALE TOTAL I $26,982.34 F.O.B. - Bridgeport, New Jersey Delivery: 6 Weeks, ARO Transportation: No Additional Charges, if purchased under GSA Pricing. This pricing iriformation isfor your internal use only. We ask that these items and terms be kept corifidential. All applicable tax and freight charges will be added to i/'IVoices. All quotations are subject to credit approval. All quotations are validfor 90 days. All prices quoted in US Dollars. See attached Terms and Definitions which are part of this quote. Ori-Prime@ Pumps CD150M 6" (150mm) Dri-Prime Trailer Mount CD150M 6" (150mm) Dri-Prime for Storm water Sewer Bypass The Critically Silenced enclosure houses the versatile Dri-Prime CD range and HL range pumps in a specially designed, acoustically-silenced enclosure. The Critically Silenced unit is intended for use in any application where pumping is required and engine and other noise must be kept to a minimum. Sound levels are approximately 69 dBA at 30 feet (9 meters). The Critically Silenced unit is engineered from start to finish for quiet operation. The enclosure consists of 14 gauge sheet metal lined with 1" and 2" (25mm and 50mm) layers of polydamp acoustical sound deadening material. yve've designed the engine with a criticaL grade silenced muffler, silenced the priming exhaust, and isolated engine vibration to further reduce operating noise. Hinged, lockable doors provide convenient access to operating controls and service locations. For added versatility, the entire skid mounted unit can be unbolted and removed from the DOT highway trailer. Hinged. lockable doors provide access to operating controls and service locations. gedwin pumps CD Series Dri...Prime0 Pump Performance Curve 1m) (ft.) 200 60 55 180 50 160 C 45 ~ 140 :I: 40 0 120 :i 35 c( z 30 100 > C ...J 25 80 :! ~ 20 60 15 40 10 20 5 0 0 - - - - ......... ......... - ...;;; :::::: ::,.... ..... ......... ....... '" ~ ..... ...;:: ....... ~ -- I'\. r--,,- ........ - - -~ \f', \ '\\..... 1\1'\ ,,", " \ \ \ IR \ \ \ \ \ \. \ 1\ ! \ \ 1 6 7 CD Series 1. CD75MA5 2. CD80D 3. CD100M 4. CDl50M 5. CD225M 6. CD250M 7. DPC300 8. CD300M 9. CD400M Composite curve tor comparison -- only. ConsuIt--. Jng data tor exact ftow and head eapabllUe$. I o I 50 I 300 o 200 400 600 800 1200 1600 2000 3000 4000 5000 6000 9000 US GPM I I 400 600 LlSEC I 100 I 25 I 200 FLOW RATE HL Series Dri...Prime@ Pump Performance Curve ""'....... \. \ "\ ......... 6 , \ \ i'-... N ......... ......... \ ..... ....... i'.. \ \ 3 ""- 8 "- "" !'. 5 7 "\ \ \ ~ o 200 400 600 800 1200 1600 2000 3000 I 200 4000 HL Series 1. HL80M 2. HL4M 3. HL130M 4. HL5MS 5. HL5M 6. HLl60M 7. HL6M 8. HL225M 9. HL250MI HL10M Com_.,..,.. for comparison purpoaea ont)'. ConouIIonov- Ing _ for ...ct flow __ c.pabilitlea. I 300 5000 6000 US GPM I 400 LlSEC I o I 25 CORPORATE OFFICES: One Floodgate Road, Bridgeport. NJ 08014. USA. (856) 467-3636. Fax: (856) 467-4841 Quenington. Cirencester, Glos. GL7 5BX. UK. Tel: +44 (0)1285-750271 . Fax: +44 (0)1285-750352 E-mail: sales@godwinpumps.com . www.godwinpumps.com LOCATIONS: Norwich. CT · Buffalo. NY · Chicago, IL · Washington. DC · Richmond, VA Virginia Beach, VA · Charleston, WV · N. Charleston. SC · Raleigh. NC · Charlotte, NC Atlanta. GA · Houston, TX · San Antonio. TX · Helena. MT · Los Angeles. CA Dri-PrimeA and the color orange for pumps are registered trademarks of Godwin PLmps of America, Inc. Specffications and iltustrations are subject to revision without notice. Q Copyright 2003 Godwin Pumps of America. Inc. All rights reseMld. GPASL071.503 I 50 I 100 FLOW RATE gedwin pumps CD100M Performance Curve 120 100 I- w w u. 80 6 <( w J: 60 ..J <( I- 0 40 I- 20 0 100 200 300 400 500 600 700 800 900 US GPM CD100M Performance Table Diesel Set - John Deere 30150, 22 hp @ 2000 rpm Impeller Diameter - 8 5/8 in. (220 mrn) Total Delivery Head - Feet (3~ ---~._..-'~-- Total Suction 10 20 40 50 --"--- Head - Feet Output - GPM ...~~--_. --_..----- 10 720 710 700 695 690 15 615 580 530 500 450 20 510 490 ~ 430 375 25 450 440 00- 390 350 ~ Performance data listed in table and curves are based on water t~sts at sea level and 680 F (200 C). Larger diameter pipes may be required for maximum flows. CD100M: John Deere 3015D & GP30 Highway Trailer Weight: 1734 lb. '" All dimensions listed in inches. Specifications Maximum Operating Speed: 2200 rpm Maximum Operating Temperature: +2120 F (1000 C) Maximum Working Pressure: 50.0 psi Maximum Suction Pressure: 40 psi Maximum Casing Pressure: 75.0 psi Fuel Tank Capacity: 30 to 100 gallons (30 gallon standard) Fuel Consumption: 1.21 gph @ 2200 rpm (full load & max. speed) Pipe Connections: 4" ASA 150# Solids Handling: 2" dia. standard impeller;' / 2 3/16" dia. recessed impeller Materials Pump casing, suction cover, separation tank find wearplates: Close grained cast iron Impeller: Cast chromium steel hardened to minimum Brinell 341 HB Shaft sleeve and shaft: 1 1/2% nickel/chromium steel Non Return valve body: Close grained cast iron Non Return valve ball and seat: High nitrile rubber Mechanical seal faces: Solid silicon carbide gedwin pumps One Floodgate Road, Bridgeport, NJ 08014 Tel: (856) 467-3636. Fax: (856) 467-4841 www.godwinpumps.com BRANCH LOCATIONS: Norwich, CT. Buffalo, NY. Chicago, IL Washington, DC. Richmond, VA . Virginia Beach, VA. Charleston, WV . N. Charleston. tlv Atlanta. GA . Houston, TX . Raleigh, NC Dri-.Prime" is a registered trademark of Godwin Pumps of America. Inc. Specifications and illustrations are subject to revision without notice. @ Copyright 2000 Godwin Pumps of America. Inc. GPASL.015.600 ('~"' \ '<; y.....?.<- / ( \ , \I. l' m ~~ \ ,.1; . 0\. .::... . /u, J-t'';;~C; ;; ;;~ 'J' ' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August I, 2006 July 17,2006 (Noon.) D October 3, 2006 September 18, 2006 (Noon) D August 15,2006 July 31, 2006 (Noon) D October 17,2006 October 2, 2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16, 2006 (Noon) D September 19,2006 September 5. 2006 (Noon) r?3J November 21, 2006 November 6, 2006 (Noon) D Announcements/Presentations r?3J City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Approve Resolution No. 06-_ to authorize the City Manager and City Clerk to execute an agreement between the City of Boynton Beach and the Cascade Lakes Residents' Association, Inc. to share the purchase cost and use of an emergency diesel-powered pump at a City lift station. EXPLANATION: The subject agreement will allow the Cascade Lakes Residents' Association, Inc. and the City of Boynton Beach to each contribute 50% of the purchase price of a new diesel-powered pump that will be permanently installed at the City's lift station no. 925, and sized to operate the lift station during power outage emergencies. The pump will be self-priming, and sized to accommodate the entire sewage now from the development. The City will purchase, install and maintain the pump for at least 10 years, whereas the Cascade Lakes Residents' Association will reimburse the City for its share of the purchase price. PROGRAM IMPACT: This agreement will allow cost-sharing, and the installation of an additional pump that will allow this lift station to continue functioning during power outage emergencies. FISCAL IMPACT: The net cost to the City is currently estimated at $15,000, yielding a potential savings of approximately $15,000 due to the 50% cost-sharing with the Homeowners Association. AL TERNA TlVES: Fully fund any emergency equipment to be installed at this station, without assistance from the Residents' Association. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM kJ/ J%..ff6' Department Head's Signature City Manager's Signature Assistant to City Manager Ul, ;, II <?S Department Name City Attorney / Finance XC: Peter Mazzella Michael Low Tony Lombardi File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC AGREEMENT TO PROVIDE SEWAGE PUMP IN THE EVENT OF AN EMERGENCY TillS IS AN AGREEMENT, ~ted ~ OlD~ of 5e-1~006' by and between: CAS~ri PE Z)t!KJ.::: S ~c..5: 12> E.IUI~// ~50v/ A 77 ON THE CITY OF BOYNTON BEACH, a municipal corporation, organized and operating under the laws of the State of Florida, with a business address of 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425, hereinafter referred to as "CITY"; And THE CASCADE LAKES RESIDENTS' ASSOCIATION, INC., a Florida not- for-profit corporation, authorized to do business in the State of Florida, with a business address of 5075 Cascade Lakes Blvd., Boynton Beach, Fl., 33437, hereinafter referred to as "CLRA". WITNESSETH WHEREAS, CLRA is a Residents' Association that owns property located at 5075 Cascade Lakes Blvd, Boynton Beach, FL., 33437, and additional common areas as described in the documents filed with the County of Palm Beach, Florida and, WHEREAS, CLRA desires to have the CITY provide a diesel powered pump to be used to operate CITY's Lift Station number 925 in the event of an emergency, or other natural or man-made disaster; and WHEREAS, the parties hereto have concluded that the most efficient manner in which to achieve the purposes and goals set forth above would be through the entering of this Agreement; and, NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and no/l00 ($10.00) Dollars and other good and valuable considerations, the receipt, sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1.0 The aforesaid recitals are true and correct and are incorporated herein. 2.0 PurDose. The purpose of this Agreement is to authorize the CITY to provide a diesel powered pwnp to the CLRA in the event of an emergency or other natural or man- made disaster. 3.0 ResDonsibilities and Obli2atioDs: 3.1 CITY shall purchase a diesel powered pump of a sufficient size and power to operate the CITY's Lift Station Number 925. Page 1 of6 3.2 CITY will purchase the diesel powered pump, and CLRA will provide CITY with one-half of the purchase price upon the presentation of an invoice by CITY. 3.3 The diesel powered pump will be installed within the CITY's utility easement and will be installed, owned, maintained and operated by CITY.. 3.4 CITY will be responsible for installing the diesel powered pump permanently, facilitating all connections to its lift station, and periodically testing the diesel powered pump. 4.0 Term and Termination. This Agreement shall renew from day-to-day, unless otherwise terminated in accordance with the terms hereof. This Agreement shall terminate ten (10) years after the date on which the CITY installs the diesel powered pump, or when the diesel powered pump is no longer capable of being repaired cost effectively (i.e. the cost of repair would exceed 40% of the original value of the unit), whichever occurs later. Notice of termination shall be addressed to the CITY or CLRA as provided in this Agreement. Upon termination the CITY, at the CITY's option, will remove or replace said diesel powered pump. If the CITY opts to replace said diesel powered pump a new agreement shall be required for continued service to CLRA's facilities. 5.0 Indemnification. The CLRA agrees to indemnify and hold harmless the CITY, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action whatsoever, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the CITY or any third party arising out of, or by reason of, or resulting from the CLRA's negligent acts, errors, or omissions related to the performance of obligations pursuant to this Agreement.. CITY is a state agency or subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents, contractors, or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by the CITY. Nothing herein shall be construed as consent by the CITY to be sued by third parties in any matter arising out of this Agreement or any other contract. 6.0 Default. In addition to the other remedies which CITY may have specifically set forth in this Agreement in the event of EITHER party's default, EITHER party shall be entitled to equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunctive relief. . 7.0 Notice. Any notice, request, demand, instruction or other communication to be given to either party hereunder, except where required to be delivered at the Closing, shall be in writing and shall be hand delivered or sent by Federal Express or a comparable over- night mail service, or mailed by U.S. Registered or Certified Mail, return receipt requested, postage prepaid, to CITY, CLRA, CITY Attorney and CLRA Attorney, at Page 2 of 6 their respective addresses listed below, or by facsimile transmittal with a receipt certifying delivery: City: Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 Telephone No. (561) 742-6060 Facsimile No. (561) 742-6090 Copy To: James Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P .A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4900 Facsimile No. (954) 771-4923 CLRA: lite. r:;.~ A (, ~ ~isresident 5075 Cascade Lakes Blvd., Boynton Beach, Florida 33437 Telephone No. (561) 737-9986 (property Manager) Facsimile No. (561) 737-9443 Copy To: t(iEIJ 7)ie.EJCT~ ESQ. Attorney of Record for CLRA % i5'taK(u. q 1o;'(kK.tPFF I! a /.Jcv. ?o S"7 r:. 41. Telephone No. Facsimile No. Notice shall be deemed to have been given upon receipt of said notice. The addressees and addresses for the purpose of this paragraph may be changed by giving notice. Unless and until such written notice is received, the last addressee and address stated herein shall be deemed to continue in effect for all purposes hereunder. 8.0 Assismment. The Contract shall not be assignable by either party. 9.0 Miscellaneous. 9.1 Countemarts. This Agreement may be executed in any number of counterparts, anyone and all of which shall constitute the contract of the parties. The paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Page 3 of6 9.2 Amendment. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by both CLRA and CITY. 9.3 Attornevs' Fees. If any party obtains a judgment against any other party by reason of breach of this Agreement, attorneys' fees and costs shall be included in such judgment. 9.4 Governinl! Law. This Agreement shall be interpreted in accordance with the laws of the State of Florida, both substantive and remedial. 9.5 Entire Aueement. This Agreement sets forth the entire agreement between OWNER and CITY relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. 9.6 ComDutation of Dates. If any date computed in the manner herein set forth falls on a legal holiday or non-business day or non-banking day, then such date shall be extended to the first business day following said legal holiday or non-business day or non-banking day. 9.7 Time is of the Essence. Time is of the essence and failure of the CITY to exercise the option granted hereby on or before the Option Acceptance Date shall cause this Agreement to terminate and be of no further force or effect. The provisions herein contained shall be strictly construed for the reason that both parties intend that all time periods provided for in this Agreement shall be strictly adhered to. 9.8 No Recordine:. Neither this Agreement nor any notice or memorandum hereof shall be recorded in the public records of any county in the State of Florida. 9.9 InterDretation. Should any term or provision of this Agreement be subject to judicial interpretation, it is agreed by CLRA and CITY that the court interpreting or construing the same shall not apply a presumption that the term or provision shall be more strictly construed against the party who itself or through its agents and attorneys of each party have participated in the preparation of the terms and provisions of this Agreement and that all terms and provisions have been negotiated. 9.10 Caotions. Headin2S. Etc. Captions, headings, section and subsection numbers in this Agreement are for convenience and reference only, and shall have no effect upon the meaning of any of the terms or provision herein. 9.11 Waiver. Failure of either party to insist upon compliance with any term or provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any waiver of any term or provision of this Agreement shall only be applicable to the specific term or provision and Page 4 of6 instance to which it is related, and shall not be deemed to be a continuing or future waiver as to such term or provision or as to any other term or provision. 9.12 No Third Party Beneficiarv. The terms and provisions of this Agreement are for the exclusive benefit of CLRA and CITY, and not for the benefit of any third party, and this Agreement shall not be deemed to have conferred any rights, express or implied, upon any third party. 9.13 Additional Documents. The PARTIES hereby agree from time to time to execute and deliver such further documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intentions of this Agreement. CLRA hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CLRA, that CLRA has sole interest in the Property and that no other person, entity, or mortgagee has any interest in said Property. 9.14 Lee:aIReuresentation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both PARTIES. IN WTINESS WHEREOF, the PARTIES hereto have made and executed this Agreement on the respective dates under each signature: the CITY through its City Commissioners, signed by and through its City Manager, authorized to execute same by City Commission action on the _ day of , 2006, and CLRA, by and through the undersigned officers duly authorized to execute same. CITY CITY OF BOYNTON BEACH, FLORIDA ATTEST: BY: KURT BRESSNER. CITY MANAGER JANET PRAINITO, CITY CLERK APPROVED AS TO LEGAL FORM: OFFICE OF TIIE CITY ATTORNEY Page 5 of6 BOA WITNESSES: THE CASCADE LAKES RESIDENTS' ASSOCIATION, INC., a not-for-profit co ration BY: Tk-R- I~E~ I~;::' t1j~ r~~6 Florida ~,~ \( (~~ /LES Print Name Print Name --- STATE OF rL 0~ l'y 11- COUNTY OF f;;LJ?1 IJE4~1i BEFORE ME, an officer dilly authorized by law to administer oaths and take acknowledgments, personally appeared /11) <-155 ,4 LJ EIt ~ who is personally known to me ~ v;ho ~ pIO~.iQed as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and is dilly authorizedL1 to execute the foregoing Agreement on behalf of W5CA~E !1JJ<J::s j2E.$J'!:JJ:N7-5'/ /lss;oc;/l7/o;J IN WITNESS OF THE FOREGOING, I have set my b,and and official seal at in the State and Coooty aforesaid on this A 6 --:!It day of e.-- e....v 6c,,- 2006. Notary PL'olic Slate of Florida Joel Duberstein My Commission 00352543 EXplres 0910212008 Y PUBLIC O~L V&~E;0SjE.lfl) Print or Type Name I Rqr:t ii\- I ~Y:.) My Commission Expires: DNT:dnt H:\l 990\900 1 82.BB\AGMf\Famnont Place Generator.doc Page 6 of6 ~ <t: 0 0 [I \0 0 0 ---- N -- llJ CO .0 - -- ru N V> ru 1 "E > 0 <!: ~ ~ c Q) VI ~ ;S E ~ to llJ . VI ;::: VI llJ ~ r::: llJ Q, "Vi I... :> > 'ii ::l > ~ .0 0> 0 ID ::c u ~ I IE QI ru \0 ru >- E 0 0 VI .... ...... 01 0 ...... Ul OIZ M @ 01 c;: N r::: llJ If) U +J \0 :i:i ~ 3: ru v E uOI'- 0 U QI .J::. ltJ~lJ')ii CI U 0 I... ED I . 1J I' .l3 .... c 0 ru +-' I'- ru r::: c VI llJ 0 c. r::: UJ 0 III QI Ul U O~.-l llJ +JllJ N > .= W U ex> 01 U+J 'C or 'ii I .c( ru ru ...... ~ 'C 0 .....Z llJ 1:;0 M "5 'u r::: ru r::: .... ~w 0 :E 0 ru C) C) 0 .J::. , u :E CI IJ) l?~ Cl... UJ c .;: VI QI 'E t~g 0 ~VI:.:; rnlliI QI +J E "- r:::....1J "5 o llJ r::: 'C Uf-8 QI .c ~ 19 u iii ...... III +J.... en ID U llJ '<t U ~.o en +JE I Z LL ..... r::: ::l I' <( .-l E E 8z 0 I U '" 0 0 Ul ..... .-l U u 19 ex: 0 Ul 3: IJ) , ex: w I Ul 0.. ~ v o..E ::swl?w .-l E :J .....zr- <( 0 r-.....IJ) u.... ex> :Jo.. ~I<( o..c .....r-tf) 000 C._ uo..... IJ) ex: r'"\ '3: 3: <(....JO l?0- Z\O"O"O c ex:u....u,- CI .-l ~ ~...:M 0 &1'- >- c 0 o ,u :w "'::::><(cx:~@~o :i:i u.... wz VI vO-l?O I 0 ltJ '::::> w :::; "'ZOO-l'-c3:N E ~Ul? QI "5 al.....ow\05l3: ' L- .....1J)ex: i 1'-$ l?;t.o>:::::.-l .E ex:ww ~ oOOO\O,O..M c llJ 1J)::::>ex:~ I ....J..... L-0..L- :i:i zU w tf)ou....ex:lJ')ltJj:iltJ >- i= ow' > l?l?.-lal~==.t=~ C .....tf)wO a. ltJ r- ~z Q, 0.. ~ l::: ::::> u....<( III 0 E ....J f "- 0 o r-' 't ... QI ~ U tf)Z~~ 'C t: L- -S QI :J Ww I&. :... 0> 0 ~~utf) "ti ~ .j....l >- J;: ltJ UWWZ Q) ..... "0 0> ....Jex:~zo :... Ul"O 01 13 0 Ul c c <(OZ 0:: 0- ..... ::tl:: L- ~ 0> ltJ r-u....<(<(tf) ~ 0 .t= oz W CJ) ~ ..... ..... Ul "0 +-t U r-W~~O:: u u "0 U ..... ltJ ltJ Ul 0>:=<( ltJ 0 llJ QI ,s:: L- L- 0> L- +-' U ..... ..... L- C ltJ ..... .... V E U C C"O o~~c 3: ::l ex> 0 0 0"0 0 0 ::c .t= I 3: 0 Ul uu<( o-w U I ~ <( 0- o i- i- u .5 (") ..-- 1.0 I'- (") (") 0 0> 0> 0 00 '<;/' 00 (") 0 0> c:- c:- 1.0 "'" 0 (") (") I'- N (") N ..-- "'" "'" ..-- 0 (") 0> ~ ..-- 0> 1.0 ~ ..-- (") 0 00 1.0 0 1.0 I'- N (") <0 0> 1.0 0 N 00 1.0 ..-- 00 1.0 1.0 ..-- ;g ..-- -<<i (") 0> 0 00 0) ,...: cri ci lri -<<i 0 0 lri lri (") -<<i cri (") I'- I'- ,...: 0) ...... cri .- - 0 I'- 0> I'- ...... 1.0 0> 0 I'- I'- (") "'" ...... "'" 0 u u 0 0 <0 ~ N (") <0 00 0 I'- I'- (") I'- 0> "'"- 00 0> 1.0 0 (") ~ 0> "'"- 00 "'"- 00 '<;/'- 1.0 III III I'- 00 0 "'"- I'- "!. 0 ~ ...... 00 "<I:. 0) ex> ri ri ex> u. u. 0) - N (") N "'" 1.0 "'" "'" (") (") N '<;/' ...... N 1.0 I'- "'" 1.0 00 1.0 N ...... ..-- ...... ..-- N N N N N N N N N N N N "'" (") ~ ~ '<;/' (") N N N N N N (") (") (") (") ::J ::J If) If) e e 0 0 tft tft tft tft tft tft tft tft tft tft tft tft tft tft tft tft () () tft tft tft tft tft tft tft tft tft tft tft tft c:- c:- o .8 I I I I I I I I I I I I I I I I - I I I I I I I I I I I I u U III III U. U. ~ ~ ::J ::J If) If) e e 0 0 () () ~ ~ ~ ~ ~ ~ ~ ~ -0 -0 ~ ~ -0 -0 -0 -0 "~ -0 ~ -0 -0 ~ -0 ~ -0 ~ -0 ~ -0 ~ Q) ~ Q) ~ "~ ~ Q) ~ .m ~ Q) ~ Q) Q) "~ 2 2 ~ "~ Q) ~ "~ Q) 'n; Q) "n; Q) ~ - ~ - ~ ~ - ~ ~ - ~ - I-- e ~ - ~ e ~ e ~ e "~ e "n; e I-- e .~ e "n; e "~ e I-- e e .~ I-- e "~ I-- I-- I-- ::J ::J ~ ::J ::J ::J ::J () ::J ::J ::J ::J ::J ::J ::J 0 ~ 0 I-- N 0 0 ~ 0 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 I-- :E I-- :E 0 1.0 I-- :E I-- :E I-- :E I-- :E 1.0 :E 1.0 :E 1.0 :E I-- 1.0 :E I-- 1.0 :E 1.0 :E 1.0 :E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 <0 -0 <0 -0 ...... (") <0 -0 <0 -0 <0 -0 <0 -0 I'- -0 (") -0 I'- -0 <0 (") -0 <0 (") -0 (") -0 (") -0 ll.. ~ ll.. ~ ll.. ll.. ll.. ~ ll.. ~ ll.. ~ ll.. ~ ll.. ~ ll.. ~ ll.. ~ ll.. ll.. ~ ll.. ll.. ~ ll.. ~ ll.. ~ c.9 (f) c.9 (f) c.9 c.9 c.9 (f) c.9 (f) C> (f) c.9 (f) c.9 (f) c.9 C/) c.9 (f) c.9 C> (f) c.9 c.9 (f) c.9 (f) c.9 (f) 0 I-- I-- I 0 I-- <( () I () I-- ..-- 1.0 () 00 1.0 1.0 1.0 , ..-- "'" "'" "'" "'" <0 "'" "'" "'" "'" "'" () 0 0 1.0 "'" ...... ...... 0 0 ..-- 0 ..-- 0 "'" '<;/' 0 1.0 0> 0> <0 '<;/' 0> "'" 0> "'" 1.0 ..-- (") 0 -l -l -l -l -l ~ (") (") "'" Q) ~ <0 Q) "'" Q) 0 N ~ ~ ~ ~ (") u. Q) ~ ~ u. u. Q) Q) u. Q) u. Q) ~ Q) "a' ~ .t:I .t:I Q) Q) CO Q) .t:I Q) :m .t:I 0 ~ "a. ::J ::J 0 0 .t:I 0 ::J 0 "a. ::J Q) ~ Q) Q) e e ::J e Q) e Q) e ~ - Q) 0 0 .L:: .L:: Q) .L:: 0 .L:: Q) 0 .L:: III - 0 () III 0 0 0 0 0 - ..., () ..., ..., ..., ..., III () ::?E ::?E ::?E ::?E 0 0 0 1.0 1.0 <0 0 N ..-- ..-- N N 0 0 0 0 () () () () <0 <0 Co Co ~(l)~"" CJI-o~~ ..cOl::O .::<: E 0 ~ .S:! 0.... ,9 0 -<.,::.~u .~ o o r~ ;r; a> - ~ ..... a> :J a> ..... 0 a>18 .L: 0.0 ~ Ero .L:('f) "~ o.E -0 . u _ c U ~ C"') '" <0 It) N 0> It) N 0 <0 It) '" ...... ~ <0 ('f) N 00 0 It) 0 ...... "": '" N It) ('f) ~ It) ~ 00 ...... It) to Iri Iri "<i- "<i- t-..: ...... 00 N It) N to ('f) ...... ...... m to <0 N 0> 0> <0 N '" It) <0 ~ <0 It) ~ It) ~ ~ <0 00 0> 0 ...... N It) ('f) ~- 00 0> 00 0> 0 00 0> ~ <0 '" ~ 0> to 0 ....: 00 N cO N oq: 0 0> It) Cf'i N ('f) ('f) C"') ('f) ('f) ~ ('f) <0 <0 <0 <0 It) It) It) It) ...... ...... t17 t17 t17 t17 t17 t17 t17 t17 t17 t17 t17 t17 t17 t17 t17 t17 t17 - I I I I I I I I I I I I I I I I - ~ c ro - 0 ..... ..... .s j!1 j!1 "~ .~ "0 "0 "0 "0 "0 "0 "0 "0 a> a> a> a> ..... a> ..... a> I- a> I- a> - - - - j!1 C j!1 - - - C U c U c U c .~ .~ C 0 C 0 C :J :J :J :J :J :J 0 :J 0 :J 0 N 0 N 0 N 0 I- 0 I- 0 0 0 0 0 ~ It) ~ It) ~ It) ~ ~ ~ ~ :2 0 0 0 ~ ~ 0 0 "0 '" "0 '" "0 '" "0 ...... "0 ...... "0 ...... "0 ...... "0 :i:: c.. 32 c.. :i:: c.. :i:: .....J :i:: .....J :i:: c.. :i:: c.. :i:: en <.9 C/) <.9 en C> en <.9 en <.9 en C> C/) C> en t-- I I- ill I I- ill It) 00 ...... 00 ~ <0 <0 00 0> <0 <0 0> 0 0 It) 0 U 0 It) U c c ~ <0 0 <0 <0 0 .Q .Q ('f) ..... ('f) ..... ~ ~ ..... ~ ~ ~ ..... :m ro ro a> a> ~ a> "a' a> :m "a. <.9 <.9 a> a> '0. a> ..... a> .0. ..... 0 0 0 0 0 a> 0 a> ..... - ..... - 00 0 c c a> c ro c .& ro N It) - U U .L: .L: ro .L: .L: ro 0 0 U 0 0 U -. -, -. -. - ro ~ ~ ~ ~ 0 ~ 't: C> 0 0 0 ~ ~ Q) It) 0 ('f) 0 LL c en N ('f) U ~ ::J ro ~ 0 0 c.. 0 :::> I- U U 0 U a> . :0 II) :J ~ 0 0 Q" - ~ ;,. c Q) ro .e b N N ...... l- x t: ...... ...... ...... Q) 0- N :J -i!: ...... LL Q ~ -< 0- o o \0 o o N --- 00 --- N 2: <e: 00- o o <l> <l> .... <l>,.C ~I (\) .... .... ,.C o l::: ~ 8 0 .~ 6<2 . u "'" .S I.C) I"- I.C) I"- I.C) l"- T"" (j) <0 (j) <0 (j) T"" N T"" 0 T"" 0 ~ <") T"" <0 T"" <0 ~ (j) v (j) v (j) I"- 0 <0 N ~ N ...... (j) ,...: ..0 ,...: I.C) 0 0 co c::i ex) c::i <0 I.C) ..0 I.C) I.C) I.C) co 0 <0 T"" <0 ...... co <") 0 <") 0 <") co ...... <") (j) <") (j) I.C) (j) co T"" co T"" M co (j) co (j) co <0. 0 V v. v. v 0 co N T"" N T"" N (j) <") 0) M 0) I"- <0 0 I"- 0 I"- <") N <") <") <") <") <") N <") N <") N <") M V <") V <") tI7 tI7 tI7 tI7 tI7 tI7 tI7 tI7 tI7 tI7 tI7 tI7 tI7 tI7 tI7 tI7 tI7 tI7 I I I I I I I I I I I I I I I I I I ... ... ... ... ... ... ... ... ... ~ ~ ~ "0 ~ "0 ~ "0 ~ "0 ~ "0 ~ "0 ~ "0 e! "0 .~ "0 'm Q) .~ Q) .~ Q) 'm Q) .~ Q) .~ Q) .~ 2 Q) Q) ... - - - ... - - - ~ 'E ~ 'E ~ e ~ e ~ e l- e ~ c ~ e l- e () () ::l ::l ::l ::l ::l ::l ::l ::l ::l N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 I.C) ~ I.C) ~ I.C) ~ I.C) ~ I.C) ~ I.C) ~ I.C) ~ I.C) ~ I.C) ~ 0 0 0 0 0 0 0 0 0 <") "0 <") "0 <") "0 <") :'2 <") :'2 <") "0 <") "0 I"- "0 I"- "0 a.. ~ a.. ~ a.. ~ a.. ~ a.. ~ a.. ~ a.. ~ a.. ~ a.. ~ C9 (/) C9 (/) (9 (/) C9 (/) C9 (/) C9 (/) II) C9 (/) C9 (/) C9 (/) ~ 0 I- <( 0 ~ <( .!!! I l- I- l- e- W I.C) I.C) I I.C) I.C) I I.C) co v v () v v () l1] v (0 (0 0 0 v 0 0 v ~ 0 0 I.C) v v I.C) v v I.C) v (0 0 <") ~ ~ 0 Q) Q) 0 "0 Q) Q) ... <") ... ... <") ... ... ~ Q) Q) ... Q) Q) ... Q) Q) Q) Q) Q) ,m Q) Q) ~ c: Q) Q) '0.. 0 0 II) 0 0 Q) 0 0 '0.. '0.. 'E ... e e ~ e e e e Q) ... ... l1] - .c: .c: 2 .!!! .c: .c: Q) .c: .c: ro 0 0 0 0 - :r: 0 0 () -, -, ro e- -, -, ro -, -, () l1] () Q) ~ ~ CI) "0 E: Q) .:::! c: E: Q) (/) ~I 'E ~I e ~ .c: ~ 0 I.C) ..J Q) '*- I ~ CO CI) C\j E: I "0 .:::! :::: E: ::s CO .". e .". 'E ~ .c: .x 0 .x ~ _x ~ '*- ~ c: (0 CO ~ C\j CI) '0 o o !::,l 00 :::E <r: 0"1 o o \0 o o ~ 00 - --- N to ...- 0 I"- 0 to N 0) It) 0 0) ...- 0 ...- 0) It) ...- 0) CO "": 0 C") 0 It) "": I"- 0 'V 0) N c:i ('t) 'V 0) to 00 ...- et) to 0 et) <D 0) Lri 0) 'V et) 0) 0) CO It) 0 I"- It) 'V It) CO I"- 0 ...- CO It) 0 N CO_ O ...- to to ...- ...- 0 0 ...... ...- m N 'V to N m r-: to m 0) 0 0 ...- 0 ...- to 0) to CO I"- to 0) ...- ...... ...- ...- ...- Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} I I I I I I I I I I I I I I I -0 -0 -0 .... -0 .... -0 .... -0 .... -0 .... -0 .... a> a> a> ~ a> ~ a> ~ a> ~ a> ~ a> ~ .- .- .- .- .- .- .- .- l:: l:: l:: .~ l:: .~ l:: .~ l:: o~ l:: on; l:: o~ :J :J :J :J :J :J :J .... :J 0 0 0 I- 0 I- 0 I- 0 I- 0 I- 0 I- ~ co ~ ~ N ~ co ~ 0 ~ 0 ~ 0 ~ 0 -0 ...- -0 -0 ...- -0 ...- -0 et) -0 et) "0 et) "0 et) ~ --' ~ ~ --' ~ --' ~ a.. ~ a.. ~ a.. ~ a.. en " en en " en C) en " en C) en " en " co 0) co 0 0 'V () 'V et) .... et) .... Jg .... a.. a.. a.. a.. ~ Jg I I I I 00. 00. '0. It) 0 It) 0 .... I"- ...- I"- ...... .... a> .... a> .- a> .- co ro co () ~ () () '- S ~ '1:: Q ~ ~ (.) ~I :s ~ 0 It) 0 (.) It) 0 N It) m I"- to N N 0 0 --' --' I I , () () t 0- D Q) Co Co .e _x _x ...... M _x I:: ::- M D D N 0- N ...- ...- ...- -E!: Q ~ <r: C\ o o \0 o C 01 00 '- ("') I'- N L!) ..- I'- ("') """ """ """ CO ..- 0) I'- """ ..- N 0) CD ~ CO N cO M N CO Lri ..- I'- I'- T""" cO 0) 0 """ L!) (") 0 I'- ("') N T""" CO ..- T""" CO CD 0 N N """- 0 I'- 0) I'- """ T""" """ ci L!) T""" CD cO cO N cri """ """ """ ("') ("') ("') ("') N N ("') N tit tit tit tit tit tit tit tit tit tit tit I I I I I I I I I I I L- L- L- L- ~ ~ ~ ~ om l:J om l:J om l:J om l:J l:J L- lI.l L- lI.l ~ lI.l L- 2 lI.l I- - I- - - I- L- C () c () c () c () ~ C ::l ::l ::l 'i!! ::l ::l N 0 N 0 N 0 N 0 0 L!) :::E L!) :::E L!) :::E L!) :::E :::E 0 0 0 0 l- I'- l:J I'- l:J I'- l:J I'- ("') l:J L!) l:J a.. ~ a.. ~ a.. ~ a.. ....J ~ ....J ~ <.9 (j) <.9 (j) <.9 (j) <.9 <.9 (j) C9 (f) co 0 L!) co '<t > 0 a.. a.. a.. z '<t I I I I- lI.l ("') L- 0 0 L!) L- lI.l L!) 0 N J!l ('0 lI.l N T""" T""" .- E 0 :5 c c ('0 .!: ~ >- 0 CI) ...., CJ c:: CI) :::: CI) ~ 0 - ~ ~ III 0 CJ 0 0 ("') ;:. 0 L!) () '1:: ..- T""" a.. 0 0 0 0 I () () II) Q" E ~ Q" CI) N E T""" ~ ;r (0 I 01:: Q Q) Q)~ ... ~Iil Q)"'- ..s:::Oc ~Eo ,go.E () """.c ('t) IJ') IJ') '<t 1"- 1"- 0> N ('t) 1"- co IJ') ..- 0 IJ') N '<t '<t CO ('t) 00 ..- IJ') IJ') 00 IJ') ~ N ('t) 1"- ('t) 0> 0 ~ ..- 1"- ('t) ~ C"! 00 0> IJ') N ..- <0 cO cO <0 ..- ('t) N ('t) '<t 0> 0 0 ..- ..- M ..- N 1"- cO ,....: 0 ori 1"- 0> ..- ..- 00 N CD 1"- ('t) 0> N '<t 0> ..- '<t ..- N 1"- CD 0> ..- 1"- ..- N ~ ('t) 0 '<to 0> CO. IJ') 00 0> N. N ~ 00 C'>!. 00 0 1"- 0 00 0> ('t) 0> 00 M ..- 0 CD IJ') aJ 1"- M IJ') '<t IJ') 00 0 0 '<t 0> ..- 0 ('t) '<t ('t) CD CD N N N N N N ..- ..- ..- ..- ..- N N N ..- N N N Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} Ef} {fl Ef} Ef} Ef} I I I I I I I I I I I I I I I I I I I I I I ... ... -C -C -C -C -C -C ... -C ... -C ... -C ~ -C -C ~ Q) Q) Q) Q) Q) Q) Q) Q) Q) 'j!! Q) ... 2 'j!! C C C - - - ~ - ~ - ~ - - ~ c c c 'j!! c .j!! c 'j!! c .- c .j!! c .- ::s ::s ::s ::s ::s ::s ::s ::s ::s ::s ::s 0 0 0 0 0 0 .- 0 .- 0 .- 0 N 0 .- 0 N :E :E :E :E :E :E :E :E :E IJ') :E :E IJ') N 0 0 0 0 0 0 0 0 0 1"- -c ..- -c ('t) -c co -c CD -c -c CD -c CD -c CD -c ('t) -c CD -c ('t) ...J 32 ...J 32 0- 32 0- 32 0- 32 32 0- 32 0- 32 0- 32 0- 32 0- 32 0- C> (/) C> (/) C> (/) C> (/) C> en (/) C> en C> (/) C> (/) C> (/) C> en C> .- .- 00 0 0 IJ') 00 IJ') IJ') '<t CD 00 '<t '<t 0 0 > 0 0 '<t co Z '<t '<t ~ ~ .- ~ ~ 0- 0- 0- 0- 0- 0- ('t) :r: :r: :r: :r: :r: :r: Q) Q) ... Q) Q) 0 0 0 IJ') 0 IJ') Q) Q) ~ ro Q) Q) II ('t) IJ') CD 1"- CD 1"- 0 0 E 0 0 .... CI) .... :5 c c :5 c c c ~ ..s::: ..s::: ro ..s::: ..s::: .!!! 0 0 >- 0 0 (,) ., ., (,) ., ., :s CI) e- 8? ~ III (,) ~ - CD .!!! ~ i!i e- "0 c:: ~ III Q) ~ ~ s:::: ::2: 0 ::2: ::2: ::2: "t: ~ 0 .... CD ::2: ~I ~I IJ') CD 0 0 0 CI) s:::: N ('t) .... 0 IJ') 0 0 ,g ~ N () ~ ..- ..- N ~ 00 0 0- () 0 0 0 ...J ...... () 0 () () () :r: CI) Q) I I ~ ~ CI) II) Q.. ~ C/) E I E "0 ~ .f :::: .:2 14 ::J CD CD IX:I E .E E M 'E ~ e ~ N ..c:: Co t: ~ <0 Co ;f .x ~ () .x ..- 14 ~ s:::: ~ '*' ~ -t: -t: ~ 00 Q Q C/) C\l ~ -< 0- o o \0 o o N --- 00 - --- N ::?: <1. 0- o o Q) Q) ..... Q)~ ~I Q) ..... .... ~ o c ~ E 0 ,~ 25<8 . U "'" .5 T'" <D '<t GO 0> N T'" '<t GO '<t '<t I'- 0 I'- GO <D 0 GO 0 0> ~ T'" T'" ~ LO c-<> 0 GO c-<> c-<> 0 cri T'" ..,,: T'" 10 r--: N cri c-<> N cri <D N LO 0 N GO T'" I'- '<t GO T'" GO 0) c-<> I'- 0> '<t <D I'- GO '<t_ LO LO c-<> '<t_ LO I'- 0) T'" '<t N LO 0> N 0 ('f) ..f cD c-<> <D ..f r---: N N N N T'" N N N LO LO N N N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I I I I I I I I I I I I I I '- '- '- '- '- ~ '- '- -c ~ -c ~ -c ~ -c ~ -c '(ij -c ~ -c ~ Q) '~ .& '~ .& '~ Q) '(ij .& '- Q) .~ Q) '~ ...... e '- l- e e e l- e l- e l- I- e () l- I- :J :J :J :J :J :J :J 0 N 0 N 0 N 0 N 0 N 0 N 0 N ~ LO ~ LO ~ LO ~ LO ~ LO ~ LO ~ LO 0 0 0 0 0 0 0 -c c-<> -c c-<> -c c-<> -c c-<> -c I'- -c c-<> -c c-<> 32 0.. 32 0.. 32 0.. 32 0.. 32 0.. 32 0.. 32 0.. C/) CJ) CD CJ) CD CJ) CD CJ) CD CJ) CD (/) CD CJ) CD ~ ~ e- co ~ 0.. 0.. 0.. 0.. 0.. C/) 0.. 0.. -0 I I I I I ~ I I Q) LO 0 LO 0 0 ~ 0 LO c:: I'- 0 I'- 0 LO e- o N Q) T'" T'" N T'" T'" ~ co ~ ~ Q5 Q5 ~ ~ C/) C/) E: E: ,~ ::J E: CJ) CJ) ~ 'E e ~ ~ 0 e ~I .c: c-<> .c: () LO LO T'" 0 ....J ....J ....J '*- I C/) I *- co ~ I co '" ~ '" I e- o -0 co -0 "=: ~ "=: ::J ::J CO CO ~ ;". c:: ;". ;". ~ (0 {g _x ,g _x _x {g _x c:: (0 "'- (0 (0 c:: (0 C/) ~ co ~ C/) 0 C/) '-0 o o Cl 00 ~ ~ 0\ o o \0 o o t::! 00 - --- N 0) C"') <0 0 0) IX) 0) IX) N N ...... N 0) C"') 0 <0 LO 0) IX) 0) r-- 1.0 IX) <0 r-- r-- ~ C'! ...... <0 C"') 1.0 0 0 ": 0) <0 C"') ~ C"') 1.0 ...... C"') '<t 0) N r-- '<t ~ N '<t '<t C"') c-r) ...... N a.ri <0 0> 1.0 <0 0> IX) r-- ~ 0) cO r-- 0> r-..: c:i r-..: 0> ...... c:i IX) '<t 1.0 ...... IX) <0 0) 1.0 ...... 0) C"') 0 0) <0 0) <0 C"') 0) '<t r-- ...... 0) 0 r-- C"') 1.0 r-- 0) IX) N <0. ...... to ...... <0. 0 1.0 <0 1.0 C"') ("') '<to ~ IX) <0 IX) N N <0 ...... '<t N Il'i ...... <D N r-: 0) '<t 0 1.0 N C"') N '<t 0 ...... C"') ci ..f M ci N N N N C"') C"') C"') C"') N C"') C"') C"') <0 <0 1.0 1.0 <0 <0 ...... ...... ...... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - I I I I I I I I I I I I I I I I I I I I 0 I I I 0 0 0 c:i c:i '<t '<t IX) IX) ~ ~ - ..... ..... ..... ..... ..... ..... ..... ..... ..... ~ ~ ~ ~ ~ ~ ~ "0 ~ "0 ~ "0 o~ "0 '~ "0 o~ "0 o~ "0 o~ "0 o~ "0 oiij ..... 2 o~ Q) o~ Q) Q) Q) Q) Q) Q) Q) ..... - - ..... - ..... - ..... - ..... e: ..... - ..... - ..... ~ "0 e: ..... e: ..... e: () e: () e: () e: () U e: () e: U .~ 32 ::J ::J ::J ::J ::J ::J ::J ::J ::J 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N ..... (j) ~ 1.0 ~ 1.0 ~ 1.0 ~ 1.0 ~ 1.0 ~ 1.0 ~ 1.0 ~ 1.0 ~ 1.0 0 0 0 0 0 0 0 0 0 0 ro "0 C"') "0 C"') "0 r-- "0 r-- "0 r-- "0 r-- "0 r-- "0 r-- "0 r-- C"') C> 32 11. 32 11. 32 11. 32 11. 32 11. 32 11. 32 11. 32 11. 32 11. 11. I 0 - (j) (.!) (j) CD en CD (j) CD en (.!) (j) CD en (.!) (j) CD en CD CD C"') 0 0 0) 0) 0 0 0 0 11. 11. CI) 11. 11. 11. 11. 11. 11. 11. C"') C"') I I ~ I I I I I I I ~ ~ 0 1.0 ~ 1.0 0 1.0 0 0 0 0 J!l Q) Q) 0 N e- N 1.0 N 1.0 1.0 0 0 Q) Q) ...... ...... ...... ...... ...... ...... (") C"') '<t .- 0 0 lU :3 ~ e: e: ..9! .c .c 0 0 Q) :S ...., ...., - ~ ~ CI) CI) E: e ~ ~ .Q "0 0 - Q) "0 0 - ,~ ::) e: ro Q) - e: ro Q) E: ~ 11. (j) Q) ~ 11. (j) ~ ~ ~ CI) Q) Q Q) ~I e ~I ~I ..... ..... 0 1.0 0 u E Q) (/) E E ~ (/) .J:: <0 N 1.0 :.:::: ::J ~ 0 0 ::J 0 (.) ...... N N ::) 11. I () 11. I CI) *- CI) -' -' -' ~ 11. 0 11. 0 I I I 0 0 0 ~ IX) ~ IX) 0 IX) co co 0 co ~ <'l ~ ~ en co en (j) en co en e- I e- I CI) I I I en I lU 1:) lU a I I - ~ ':::: ~ :::J ~ II) c::: (0 'E (0 c::: (0 (0 Co b Q. g g ...... .x {g .x .x .x .x .x e M M .... (0 c::: Co .... Co Co b N ~ CI) ~ CI) ...... ...... lU lU ~ (.) CI) (.) ~ <( 0\ o o '-0 o o 01 ...<:: 0 I:: II> ~ E 0 N VJ ~a<B ::c . u ""'.8 ..- co "- "- N co 'V "- 0> 0> ('t) ..- ('t) ~ ~ ..- N 0> ~ 0> N <.0 II:! <.0 0> ..- ..- 0> ,...: ci cO 0> "- 0 "- ..- N 0; ...t "- 0> <.0 "- ('t) 0> <.0 "- ('t) 00 LO 0 'V ..- N ..- <.0 ..- N co <.0 co LO ..- co LO 'V ('t) ..- LO ('t) 0 'V LO N co ..- ..- ..- ..- ..- ..- ..- (/} (/} (/} (/} (/} (/} (/} (/} (/} (/} (/} (/} (/} - I I I 0 I I I 0 I I I I I 0 0 ci 0 'V 'V co co (/} (/} - ..... ..... ~ -a ~ o~ :52 Oiij (/) ..... I-- I-- 0 ro 0 ('t) 0> ('t) ll.. , ll.. C> 0 C> - ('t) co co ..- ..- > m m z ....J ....J I-- ('t) ('t) ('t) :J :J ..... N N ro :J :J E 1!! 1!! c ro >- - ~ ~ -a ..... Q) -a (,) - 2 -a (,) a> Q) Q) Q) - c ro Q) c ro - c ::: I/) Q) ~ ll.. en Q) ~ ll.. en Q) .~ 0 :t: C Q Q 0 I c ..... Q) ..... Q) E ll.. :J E E Q) I/) E E Q) I/) E 0:: 0 :J ::: 0 0 :J ::: 0 0 :J 0:: 0 () ll.. 0 I () ll.. 0 I () ll.. :2 :2 0 ll.. 0 0 ll.. 0 0 0 0 ..- 0 0 0 0 0 0 0 (/) CO CO 0 00 CO CO 0 CO CO ..- ..- I en (/) CO en (/) (/) CO (/) (/) ..- (/) I I (/) I I I (/) I I (/) (/) I I I I I - (or) (or) ~ Q) Q) ~ e -B 01 or 0> I"- ..- I"- 0> 0> ..- 0> 0> ..- ..- ..- 0> I.C) ..- I.C) 0> I.C) ..- I.C) C') 0 CO 0> C') CO CO CO I.C) 0 0> It:! It:! I.C) 0> 0 I.C) ..- 0> CO I.C) I.C) 0> 0 I.C) 0> 0> "<t ..- CO C') 0 ..- "<t C":! 0> ..- 0 cri ..- ..- I.C) 0> I"- ..- lri cri CO ..- to cri ro ..- M cri lri cri I.C) ..- to cri lri ..- lri CO N 0 ..- CO I.C) 0 "<t CO (() 0 I.C) CO 0 0 0> CO CO 0 I.C) 0 N N I.C) 0 0> N N ~ CO CO N I.C) I.C) CO 0> I.C) 0> CO C') I.C) ~ CO I"- I.C) CO CO N C') C') 0 CO C') I.C) 0 0> I.C) ci I"- Iri N a:i I.C) ..- a:i Iri ..- r--: Iri ci r--: r--: ri ..- ..- r--: N ..- ci ..- ..- ..- ..- ..- ..- ..- ..- ..- ..- ..- N ..- N U') U') U') U') U') U') U') U') U') U') U') U') U') U') U') U') U') U') U') U') U') U') U') U') U') U') U') U') I I I I I I I I I I I I I I I I I I I I I I I I I I I I L.. L.. L.. ""0 ~ ""0 ~ ""0 ~ ""0 :i: '~ :i: .~ :i: .~ :i: (f) I-- (f) I-- en I-- (f) (ij 0 (ij 0 (ij 0 (ij OJ C') OJ C') C) co C) I a.. I a.. I a.. I 0 0 0 I~ C') C> C') C> C') C> co C') C') co co co ..- ..- co co > 0 0 ..- ..- > > Z C') C') 0 0 Z Z I-- L.. ..... () () I-- I-- C') J!! J!! C') C') C') C') ..... 'a. 'a. ~ ~ ..... ..... l\3 N N l\3 l\3 E L.. L.. E E Q) Q) ~ ~ c: ..... .- I/) I/) c: c: l\3 l\3 l\3 l\3 l\3 >- () () >- >- ""0 ""0 ""0 ..... Q) ""0 ..... Q) ""0 ..... Q) ""0 ..... Q) ""0 ..... Q) c: ..... c: L.. c: Q) c: Q) c: ~ c: Q) c: Q) ~ Q) Q) ..... ~ Q) Q) :t::: ~ I/) ~ I/) I/) ~ I/) ~ I/) ~ I/) ~ I/) ~ 0 :t::: ~ 0 :t::: ~ 0 ..... ~ 0 :t::: ~ 0 :t::: 0 c: 0 c: 0 :r: c: 0 :r: c: 0 :r: 'c :r: c: 0 :r: c: E 0 :r: :J E :r: => E a.. :J E a.. :J E a.. :J E a.. :J E a.. => ~ a.. C> ~ a.. C> ~ e::: e::: 0 ~ e::: e::: 0 ~ e::: e::: 0 ~ e::: e::: 0 ~ e::: e::: 0 a.. C> C> a.. (9 C> a.. ~ a.. ~ a.. ~ a.. ~ a.. ~ (f) (f) en (f) ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 C> en 0 (9 en 0 0 0 0 ..- 0 0 0 ..- 0 0 0 ..- 0 0 0 ..- 0 0 0 ..- (f) 0 0 0 en 0 0 0 0 0 0 (f) 0 0 0 (f) 0 0 0 (f) 0 0 0 (f) 0 0 0 en 0 0 0 ..- 0 0 0 ..- ..- ..- ..- :r: ..- ..- ..- :r: ..- ..- ..- :r: ..- ..- ..- :r: ..- ..- ..- :r: 0 ..- ..- (f) 0 ..- ..- (f) en (f) (f) (f) (f) (f) (f) en (f) en en (f) en en (f) ..- (f) (f) :r: ..- en (f) :r: :r: :r: :r: :r: :r: :r: :r: :r: :r: :r: :r: :r: :r: :r: :r: en :r: :r: (f) :r: :r: :r: :r: ~ ~ ~ ~ ~ ~ ~ <l)i::~- Jj ~ ~.g 81 ~I -" ~ ......c ~"2 (,).- <l) U - :::l :..= .....;:; (/) u<.S ~ ~ -< 0\ o o 'J:> o o t:l 00 - -- N :E <( 0-, o o 'D o o 01 <Xi eo It) C") '<:t eo C") C") N eo 0> C") 0> eo C") C") N ..- C") 0> '<:t ..- N 0> C") ..- 0> 0> 0 ..- ..- 0> N 0 00 cO .....: 0 cO 00 t- O eo cO eo 0 ..0 cO '<:t ..- 0 00 0 ..- t- OO t- ..- It) 00 It) ..- 0 00 0 0> 0> ..- 0 0> ..- ..- N.- O> t- ..- 00 0> eo. ..- r- <!i <!i ui <!i . <!i <!i ..- eo ..- '<:t 0> ..- r- eo ..- '<:t ..- N ..- N ..- N ..- N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I I I I I I I I I I I I I I I I L.. ~ "'C .CO 32 L.. L.. (/) ~ I- "'C ro 'CO 32 > L.. C/) ~ OJ l- I 0 0 0 ro 0 0 eo OJ ..- ..- 0... I 0... > (9 ~ (9 ~ 0 0 () () L/) It) '<:t '<:t '<:t '<:t 0 0 It) It) '<:t '<:t 0 0 C") C") a> a> L.. L.. L.. L.. ~ ~ a> a> a> a> .0. 'a. 0 0 L.. L.. C C a> 2 ..... L: L: ro ro 0 0 () () ..., ..., "'C L.. a> "'C ~ a> "'C L.. a> "'C ~ a> a> a> c :: !/) ~ !/) c :: !/) c !/) ~ 0 ~ 0 ..... ~ 0 ...... ~ 0 ...... 0 J: c 0 J: .c 0 J: c J: 'c E 0... ::> E 0... ::> E 0... ::> E 0... ::> ::) a:: a:: 0 ::) a:: 0:: 0 ::) 0:: 0:: 0 ::) a:: 0:: 0 0... ~ ~ It) 0... ~ ~ It) 0... ~ ~ It) 0... ~ ~ It) 0 0 0 ..- 0 0 0 ..- 0 0 0 ..- 0 0 0 ..- It) It) It) C/) It) It) It) C/) It) It) It) (/) It) It) l.O (/) ..- ..- ..- J: ..- ..- ..- J: ..- ..- ..- J: ..- ..- ..- J: (/) (/) C/) C/) (/) (/) (/) (/) (/) (/) C/) (/) J: J: J: J: J: J: J: J: J: J: J: J: (0 (0 (0 (0 ~ <t: 0\ o o \0 o o t:! 00 - --- N CD 1.0 (t) '<t CD (t) (t) N CD 0) (t) 0) CD (t) (t) N 0) a co co 0) 1.0 co N 0) a co co 0) 1.0 ..- (t) 0) '<t ..- N 0) (t) ..- 0) 0) a ..- ..- 0) N 1.0 N (t) ..- 1.0 I"- (t) "'": 1.0 ~ (t) ..- 1.0 I"- a cO cO r-...: a cO co I"- a cO cO CD a ..0 co -<i cO ..- a a cO N a ..- cO ..- a a cO N ..- a co a ..- I"- co I"- ..- 1.0 co 1.0 ..- a co a CD 1.0 a N CD 1.0 a N CD 1.0 a N CD 1.0 0) 0) ..- a 0) ..- ..- N 0) I"- ..- co 0) CD ..- I"- a '<t '<to 0) a co ~ (t) a '<t '<to 0) a co <D <D - <D - - m ci ci m m ci ci ci m m ..- 1.0 CD CD ..- '<t 0) ..- I"- CD CD ..- '<t ..- ..- 0) ..- ..- N ..- N ..- N ..- N N (t) ..- (t) N (t) ..- Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell - I-- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I - I-- .... .... .... ~ u ~ u ~ u o~ ~ .~ ~ 'iij ~ .... en en .... en ~ ~ ~ ~ u > n; > n; > n; '~ ~ :E Cl :E Cl :E Ol ~ en t , , a a a a a a a n; a a a a a a CD Ol ..- ..- ..- ..- ..- ..- a. t a. > a. > a. > a <9 CD C> :E <9 :E C> I-- ~ a a () () a a a a 1.0 LO 1.0 LO LO 1.0 '<t '<t '<t '<t '<t '<t '<t '<t a a LO LO a a a a '<t '<t a a '<t '<t '<t '<t (t) (t) ~ Q) .... .... ~ ~ ~ ~ .... .!!! .!!! Q) Q) Q) Q) Q) Q) Q) Q) 00. 00. Q) Q) Q) Q) a a .... .... a a a a c c Q) Q) c c c c - - .r; .r; <U <U .r; .r; .r; .r; 0 0 () () 0 0 0 0 -, -, -, -, -, -, "'t5 - u u u u u u u c .... .... .... .... c .... c .... c .... ~ .... c Q) Q) c Q) Q) c Q) Q) c Q) Q) ~ Q) Q) :!::: ~ Q) Q) :!::: ~ Q) Q) - Q) ~ ~ If) ~ ~ If) ~ ~ If) ~ ~ If) ~ If) ~ If) ~ If) ~ 0 - 0 :!::: 0 - 0 :!::: 0 C 0 C 0 c E E I c E 0 I c E 0 I 'c E 0 I c E 0 I => E I => E I => 0 a. => a. => a. => a. => :J a. :J a. :J a. :J a. :J 0:: 0:: :J 0:: 0:: :J 0:: 0:: :J 0:: 0:: a. C> <9 C> a. <9 <9 <9 a. C> C> <9 a. <9 a. :E a a. :E a a. :E a a. :E a en en en en en en C> > :E LO > :E LO > :E LO > :E LO C> en a C> en a <9 en a en a a ..- a a ..- a a ..- a a ..- en a a 1.0 en a a 1.0 en a a 1.0 en a a 1.0 1.0 en a LO LO en a 1.0 LO en a LO 1.0 en a 1.0 1.0 ..- a 1.0 1.0 ..- a 1.0 LO ..- > LO 1.0 ..- ..- I 1.0 ..- ..- I 1.0 ..- ..- I LO ..- ..- I LO ..- ..- en LO ..- ..- en 1.0 ..- ..- en a ..- ..- en en ..- en en ..- en en ..- en en en en en en en en LO en en I en I en I en I ..- I I ..- I I ..- I I I I I I en I en I en I ..- I I I I I en I I I ~ - (0 (0 (0 (0 (0 (0 (0 (0 ~ <( 0\ o o \0 g ('l 0-:'- ro N M M 10 N M ..... 10 0) M ro 10 t- M ": ro 0) 10 M ro M 10 ~ ro "": 10 ro 0 ..... M to 0 ..... M '<t 0 ro M N 0 <0 0 N M t- ..... N M 0) ..... ('f) M 10 ..... 0) '<t M N 0 ..... '<t N.- O ..... '<to N N ..... 10 ...- 0 M 0) N ...j" M 0 N 10 M a) N '<t M ..... N '<t ...- M '<t ..... N '<t ffl ffl ffl ffl ffl ffl ffl ffl ffl ffl ffl ffl ffl ffl - - I I I I I I I I I I I I I I - - ..... ~ "iij "0 ..... "0 :52 r- :52 C/) () C/) ro N CO 10 9> 0 0'1 t- o 10 a.. 10 t- t- - - ..... <.9 ..... r- r- w ro ro <0 <0 <0 0 0 10 <0 <0 0 M ~ ~ ..... Q) Q) Jl1 Q) Q) "a. 0 0 ..... c: c: Q) .- .J:: .J:: CO 0 0 () ...., ...., - - "0 ..... Q) "0 ..... Q) "0 ..... Q) Q) :!: c: Q) c: Q) c: Q) l/) ~ l/) 3= l/) 3= l/) 0 c: ~ 0 :!: ~ 0 :!: ~ 0 :!: I ::::> I c: 0 I c: 0 I c: E a.. ::::> E a.. ::::> E a.. ::::> <.9 <.9 :J a:: a:: :J a:: a:: :J a:: a:: C/) C/) a.. ~ 0 a.. ~ 0 a.. ~ 0 0 ~ 0 ~ 0 ~ 0 0 10 0 0 0 N 0 0 0 N 0 0 0 N 10 ..... 0 0 0 C/) 0 0 0 C/) 0 0 0 C/) ...- C/) N N N I N N N I N N N I C/) I C/) C/) C/) C/) C/) C/) C/) C/) C/) I I I I I I I I I I - - Co Co Co ~ <: 0- o o \0 o o N --- 00 - --- N - 0> 0 1.0 I'- T""" <0 ('I) to 1.0 I'- ('I) tC! N 0> ('I) 0> ('I) 1.0 0> T""" N 0 0> T""" cri 0 0 I'- I'- N I'- 0 N to 0 T""" N 1.0 <0 to 0 T""" ~. T""" . T""" T""" T""" N ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 0 0 I I I I I 0 0 0 0 0 0 Lri 0 0 ~ 1.0 ~ T""" ('I) <0 to ~ ~ ~ ~ ~ 0 X X X LO X ~ ~ ~ x N T""" ~ - - T""" T""" T""" I T""" - :;::--0 T""" T"""O - T""" - _1.0 - -1.0 0 .:' X T""" ~X 0 0 o. - 1.0 1.0 1.0 I.O~ 0 b~ X X X X;:: 1.0 lOT""" ~ ~ ~ ~N X x- _ N T""" . - I ('I) ('I) ('1)::- T""" T""" T""" N ~ NO ~ NO ~ - _1.0 _1.0 - - <5 <5 <5 II) lB II) II) II) II) Q) Q) - - - Q) Q) Q) Q) Q) Q) Q) :0 :0 :0 C/) C/) (/) C/) C/) C/) ro ro ro Q) Q) Q) Q) Q) Q) '0 '0 '0 II) II) II) II) II) II) ~ ~ ~ 0 0 0 0 0 0 J: J: J: J: J: J: C> C> C> ~ ~ ~ ~ ro ro Q) Q) Q) '0 '0 '0 ~ ~ 0 0 0 x x x x x X co co co w w w w w w > 0 > 0 0 1.0 1.0 0 1.0 N " 1.0 " T""" C/) T""" N 0 C/) J: 0 0 C/) C/) C/) C/) 0 J: to 0 0 0 J: T""" - C/) T""" 0 J: LO - en - en - 0 0 J: T""" 0 T""" J: 0 0 J: C/) 1.0 C/) 0 1.0 N J: T""" J: N T""" C/) en C/) en J: J: J: J: ~ <r: 0'- o o \D o o N ;y; m I'- m I'- It) I'- I'- I'- ('I) I'- m I'- T""" I'- T""" I'- 0 I'- 0 I'- It) T""" CO I'- m T""" ('I) T""" N I'- I'- T""" N I'- m 0 CO ('I) CO ~ CO N CO m ~ ('I) CO ('I) CO CO CO N CO CO CO m (0 0 CO m ~ m (0 T""" CO ~ ~ ...,. CO m CO CO N CO m cO ...,. cO cD co 0 cO cD co ci cO ...,. co It) <<> 0 cO (0 <<> 0 CO ci cO N <<> ('I) CO lri cO I'- ('I) ('I) N ('I) It) ('I) ...,. ('I) ('I) ('I) I'- ('I) I'- ('I) CO ('I) m ('I) I'- ('I) It) ('I) T""" ('I) (0 ('I) CO ('I) N ('I) N ('I) ...,. ('I) ...,. m ...,. CO ...,. m ...,. (0_ ...,. m ...,. ('I) ...,. T""" ...,. m ...,. m ...,. ('I) ...,. N It) CO ...,. It) It) I'- It) ('I) ...,. It) It) CO ...,. m (0 (0 I'- I'- ro CO m CO m m T""" 0 ('I) m m N T""" ('I) T""" T""" T""" T""" T""" T""" T""" T""" fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ci 0 ci 0 0 ci 0 0 0 It) 0 It) It) 0 It) ci It) It) It) It) It) It) It) It) It) It) I'- It) I'- I'- It) I'- It) It) It) It) It) It) It) It) It) It) It) (0 It) (0 (0 It) (0 It) fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt fFt ...... c .0 ..e- m S ..... .2 ..... ...... ..... ...... ..... ...... ..... ...... .... ...... ..... ...... ..... .... Q) .... Q) ..... (l) (l) (l) (l) (l) (l) 2 (l) (l) (l) (l) (l) (l) (l) (l) (l) ...... ~ ...... ~ Ci. ~ ~ ...... ~ ...... ~ ...... ...... ~ ...... ~ ...... a. 0> 0 0> a. 0> 0 0> 0> 0 0> a. 0> 0 0> a. 0> 0 0> a. 0> 0 0> a. 0> a. 0> 0 0> a. 0> 0 0> a. ro ro ro ~ ro ~ ro ro ro ~ ro ~ ro ro ~ ro ~ ro 'tJ ,5 .... .5 'tJ c .5 'tJ c c 'tJ .5 .... c 'tJ c ,5 'tJ .5 c 'tJ .5 'tJ c .5 'tJ ,5 ,5 'tJ m ,- m m m m m m m <( a. a. <( a. a. <( a. a. <( a. a. <( a. a. <( a. a. <( a. <( a. a. <( a. a. <( (l) ::J 0> ::J (l) ::J 0> ::J (l) ::J 0> ::J (l) ::J 0> ::J (l) ::J 0> ::J (l) ::J 0> ::J (l) ::J (l) ::J 0> ::J (l) ::J 0> ::J (l) .5 0 c 0 .5 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 .5 0 c 0 .5 0 .5 0 c 0 c 0 c 0 c 0 .C 0 () .C 0 .0, () .C 0 0 .C 0 '0, 0 .C () 0 'C 0 0 0 .C () '01 0 .C 0 0> ro 0> ro co 0> ro ro 0> ro 0> 0> ro ro 0> c (l) c Q) c (l) c Q) c (l) c (l) c c Q) c (l) c w m w m w m w m w m w m w w m w m w ~ s:: Q) Q. It) It) :2 :2 :2 :2 :2 :2 > :2 :2 :2 :2 :2 E <( <( 0 0 :2 :2 :2 :2 :2 0 0 ('I) ('I) 0 0 0 0 0 0 :;:, 0 0 0 0 0 0 0 0 It) It) 0 (0 (0 0 0 N Q.. It) It) co co co co T""" T""" T""" T""" T""" T""" It) T""" T""" N N ~ I'- I'- 0 0 0 0 0 0 0 0 0 0 T""" 0 0 0 0 0 0 u 0 0 0 0 u u u 0 0 0 0 u 0 u cu U 0 0 ..s:: II) e cu Q) ~ Ie <0 't:: ~ ~ 0 Q) (") (") (") (") ""t ""t ""t ""t <0 <0 <0 >< >< co CI) C\I C\I <0 <0 Q U It) N o U ::E <: ~ '? o \C o o N --- 00 --- N ...... ('I) '<t ..- (0 0 '<t N '<t 00 "- '<t "- 00 ..- 0> "- (0 It) ~ N c>> <D -<i -<i r--: <D M aj ..- r--: 00 00 It) ..- It) 00 00 00 It) It) ('I) '<t 0> "- "- '<t (0 00 ..- ..- ('I) It) '<t N N ..- ..j ..- ..- ..- ('I) ('I) fh fh fh fh fh fh fh fh fh fh I 0 I 0 I 0 I I I I 0 0 0 ci ui ci ..- 0> ...... (0 00 (0 fh fh fh l-e ro Q) ...... '- ...... <9 ...... Q) Q) Q) ~ Q) ~ ...... ~ ~ () a. () () ~ C) ro C) ~ 0> ...... ...... ~ ~ C "0 C C Q) ~ ~ CO Ci <( Ci CO Ci ~ CO () C/) en 0> ::J Q) ::J 0> ::J ~ co 0> co C 0 0 c 0 C "i:: U C U 'i:: U co U "i:: U ro "5 ro C) ro Q) c Q) c Q) co w co "i:: co ro Q) co ~ ~ ~ 0 ~ It) 0 0 0 0 N It) It) ('I) 0 N N N U ('I) 0 0 0 D- o U U U 0 U . <=> . Co 0 C\/ C\/ -.- -.- -.- -.- 2, <: 0"- o o \0 o o ("'1 C;(; I!) ..- l"- I"- m <D <D '<t a <D I!) '<t I!) CD ..- '<t '<t CD N '<t a ..- C") N I"- ..- ..- N I!) ..- '<t N <D N ~ ..- ex> m ..- m l"- f'-: ..- N I"- <D ..- C") I"- C') ..- a I"- a m m ..- m m ex> ..- m m I"- ..- ex> 0> ex> r....: cO a '<i 0> <0 ..- '<i 0 CD ..0 '<i '<t <0 m '<i 0 CD 0> <0 N 0 C') <0 '<i 0 ..0 ~ '<i 0 cO a C') <D C') CD ..- I!) ex> ..- ..- I"- ex> a ..- N ex> m ...... ...... ex> ?"- m C') C') a m I!) C') ex> a C') a m I!) ...... '<t I!) ?"- m '<t <D I"- ..- '<t '<t ?"- m '<t ..- l"- I"- '<t m ..- N l"- I!) ...... m I"- '<t. ...... '<t I"- ex> . ri ..0 cD ..0 0> ...... ...... C') CD CD '<t '<t ex> ...... ex> I!) ...... N ...... ...... ...... ...... ...... ...... ..- ..- ...... ...... ..- ..- ...... ..- ...... ...... N N ...... fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 I a I a I a I a I a I a I a I a I a I a I I I a I I I a I I I a I a a a a a a a a a a a a a I!) 0 I!) 0 ..0 0 I!) 0 ..0 a ..0 ..0 I!) l"- I!) m ...... m ..- m ..- m ..- ...... ..- ...... <D I!) ex> CD ex> CD ex> CD ex> CD m m m fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 C C C C 0 0 e 0 L- L- V) V) L- V) V) V) V) V) V) - - a> a> - a> 2 a> a> a> a> ...... ...... ...... ...... ...... ...... ...... ...... ro ...... ro V) V) co co V) V) co co co co co co a. a. co co a. a. a. a. a. a. () () L- L- () () L- L- L- L- L- L- :2 ;g co co ;g :2 co co ;g co ;g co ;g co :2 co a> a> a> a> a> a> a> a> ::J ::J ~ ~ ::J ::J ~ ~ ::J ~ ::J ~ ::J ~ '5 ~ CO CO CO CO CO CO CO CO "'0 "'0 "'0 "'0 "E "'0 "'0 "'0 "'0 "'0 "'0 "'0 C C "'0 "'0 "E "'0 C L- L- a> a> L- a> a> L- a> L- a> 0 0 L- a> a> e co co c c co co c c co c co C L- L- co C co C "'0 "'0 a> a> "'0 "'0 a> a> "'0 a> "'0 a> - - "'0 a> "'0 a> - c c "E "E c C "'0 "E c "E c "E ...... ...... c "E c "E ...... co co co co L- jY co V) V) jY co V) ...... ...... co co ...... ...... co co co ...... co co co co ...... co co (f) (f) I I (j) (j) I I (f) I (f) I () () (j) I (f) I () L- ...... L- ...... L- iP L- ...... L- iP L- ...... L- ...... L- ...... L- a> a> a> a> a> 2 a> a> a> a> a> a> 2 a> a> ...... ~ a. ~ a. ~ ~ ...... ~ ...... ~ ...... ~ ~ ...... 0- Ol 0 Ol Ol 0 Cl Ol 0 Cl 0- Cl 0 Ol 0- Cl 0 Cl 0- Ol 0 Cl 0- Ol 0 Cl 0- Cl 0 Cl 0- co ~ co ~ co ~ co ~ co ~ co ~ co ~ co ~ co ~ .5 .5 "'0 c .5 "'0 c .5 "'0 .5 c "'0 c .5 "'0 .5 .5 "'0 c .5 "'0 .5 .5 "'0 a. CO a. <( a. CO a. <( a. CO a. <( a. CO a. <( a. CO a. <( a. CO a. <( a. CO a. <( a. CO a. <( a> ::J Cl ::J a> ::J Ol ::J a> ::J Cl ::J a> ::J Ol ::J a> ::J Cl ::J a> ::J Cl ::J a> ::J Cl ::J a> ::J Ol ::J a> c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 .5 0 c 0 c 0 c 0 c .0, () .C () .0, () 'C U () 'C () () 'C () '0, () .C () '0, () .C () () .C () .0, () .C () '01 co co Ol co Ol co co co Cl co co c a> c a> c a> c a> c a> c a> c a> c a> c W CO W CO W CO W CO W CO W CO W CO W CO W ~ c: Q) 0- (f) E ~ ~ ~ ~ ~ ~ (f) (f) (f) ~ ~ ~ ~ ~ ~ ~ ~ a a '<t '<t '<t '<t ~ ~ ~ ~ I!) I!) I!) I!) CD CD CD a. ex> ex> ...J ...J ...J ...J I!) I!) I!) I!) ...J ...J ...J ...J ...J ...J ...J it: ...J ...J I I I I ...J ...J ...J ...J I I I I I I I Cl:l I I I I I I .c: II) e Cl:l QJ ~ ~ ~ .\:: C'0 C'0 "'t "'t "'t "'t "'t "'t "'t "'t 10 10 10 10 10 Q) .'><. .'><. .'><. .'><. .'><. .'><. .'><. .'><. .'><. .'><. .'><. .'><. .'><. .'><. .'><. .'><. .'><. CI) "'t "'t "'t "'t "'t "'t 10 ~ ~ 10 ~ ~ 10 10 to Co to :E ~ <t: 0\ o o \0 o o N --- 00 - --- N ..... N N ..... 0 CO 0 N 0 M 0 CO 0 CO 0 0 0 <0 0 0) M ..... 'V ~ M N I'- N ~ N CO N N ~ ": ~ 0) N <0 10 c::i cx::i N r-..: N 10 N 10 N c::i N Lri N N N r-..: N 0) 10 M N I'- N I'- 0) I'- M I'- I'- I'- ..... I'- 'V I'- I'- I'- ..... CO I'- CO 10 N 10 0 10 CO 10 0) 10 CO 10 0 10 CO 10 ..... W ci 'V ..... ~ ..... ~ N ~ N 'V N 'V M ~ ~ ~ ..... M M M M M M M M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I I 0 I I I I I I I I I I I I I I I I 0 10 ..... 0) ~ c: e - .- Vl ro () Q) Q) ..... .- .....- ..... Q) ..... ..... Q) Q) Q) Q) Q) .m .::.:. .::.:. .- .::.:. .::.:. .- .::.:. .- 0> 0 0> 0 .- Q. .....- 0 0 Q. 0 Q. Q. .....- ~ ~ ro ~ :!: ~ :!: ro :!: ro :!: ro :!: ro c: c: S2 "0 S2 ~ ~ "0 ~ ..... ~ "0 ~ ~ S2 Q. CO Q. CO C/) <{ C/) CO C/) CO C/) <{ C/) CO C/) <{ C/) C/) ::J 0> ::J 0> CO Q) CO 0> CO 0> CO Q) CO 0> CO Q) CO Q) CO 0 c: 0 c: () .S () c: U c: U c: U c: () oS () .S U U oc U 'c oc 'c 05> oc ro ro 0> ro ro ro C> C> Q) Q) c: Q) Q) c: Q) c: c: CO CO W CO CO W CO W W ~ ~ ~ ~ ~ ~ ~ ~ ~ 10 10 0 0 0 0 0 to CO N N 10 10 M <0 ....J ....J N N ..... N N ..... ..... ....J I I ....J ....J I ....J ....J ....J ....J I I I I I I . . . 0 . . Co CO Co 0 0 ~ . (0 ...... ...... ...... (0 ->< .>< ->< .>< ->< .>< l<' >< .>< Co 0 0 0 '" C\I C\I <0 CO ...... ...... ...... ...... ...... ...... ~ -< 0"- o o '..0 o o C::l or 0 ex:> (Y) "<t 10 0 ex:> 0 0 0 ex:> ~ ~ N m ex:> ~ <D "<t (Y) Iri (Y) <D N (Y) 10 (Y) m 10 10 -c -c "- N -c 0 ex:> m -c -c "- N -c N 0 "<t a> a> ..- a> <D <D "- a> a> ..- a> m 0 0 -c -c -c -c -c -c - - :::l :::l :::l :::l :::l :::l ..- ..- 13 13 13 13 13 13 c c c c .E c - - - - - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -c -c 0 0 -c 0 0 0 -c -c 0 0 -c I I I a> a> 0 0 a> 0 0 0 a> a> 0 0 a> -c -c 10 Iri -c 0 10 10 -c -c Iri 10 -c :::l :::l m 10 :::l <D 10 m :::l :::l m 10 :::l 13 13 ..- 13 "- ex:> m 13 13 ..- 13 c c ~ ~ C ~ ~ ~ C C ~ ~ .E - - - - - .c I/) .c I/) - I/) cD - <D a> - I/) a> ~ M N ..- a> ~ (ij ~ M N ..- a> ~ (ij - ~ ro a> co - ~ ro a> co - .c 10 ro L- = - .c 10 [!! L- - .c 0 .c I L- CO +:i ro .c .c 0 .c I CO ~ ro :t:: (,) N CO C :t:: 0 N CO .c 0) I - ,g 0:: CO - Ol :t:: ,g 0:: CO cD :::i I .c 0 <D ::i I I .c 0 0 N ..- 0 N ..- f- a> 'C :::l M - f- a> 'C :::l M - +:i - :t:: - [!! 10 +:i :t:: t) ro 10 0 c (ij I 0 I 0 C (ij I L- I 0 0:: CO a> -c N 0 0:: CO a> -c N (ij [j >- (ij [j >- CO I CO I ro <.9 0 10 ..- a> .t::! en ~ c ro f- N 10 0 "- a.. <.9 ~ ~ 0- <? o \0 o o ~ 00 - -- N - 0 ('t') ('t') 10 N N 0 10 t- 10 CD t- CD 0 '<3: "'! ('t') CD t- O> III "" ci CD N N ..-- CD -<i "" 10 0 ('t') 0 CD ..-- t- O> t- O> ..-- ..-- 10 ('t') ..-- 0 N N V t- N N M ..-- ..... Q)O C) > '- ::::J 0 Q) ro"--E ""--::::J ~~:2 i:i5~ Q) ro > Q) Q)I ...J,;:,,:. o 6~ b') b') b') 0 0 0 0 0 0 10 ci III 0> ('t') CD ..-- ..-- CD b') b') b') (ij ..... '0. en o I '- o en en Q) o '- '- o 0 en a. C e Q) 0 (/)~ '- ~..... ~ ~ 3 e en 0 '- ..... Q):2Q; ~g Q:Q)'5,-eu .s ......c'- ~ c l' C)oeoiij tfiucu::::J -0 '0 0 'E (!) ,-'-UroQ) c~'E~E 8~~Q)i:t Q) E " ,S .s > 'C Q) '- 3: ~ a. .S ~. "8 '- .s Q: .~ (!) 423:c'O'- '- '0 '- 0 0 Q)03:(!).... o,,'O'-~ ::::J '- 0 0 t: '00"-0 en ~ '- Loa C >. '- Q) .c: ~::o.Eol- I-EQ;~.9 0- Q)oen::::J lOen::::JC<( .:2-g~o ......cl-IO ~~~Q);g "fU:~~~ o;o;~o~l3~ Ic:i: c:i: UJ ~ ~ Q: g e? .9! e 'W c:: <3 1:: S CI) .e ~ ulln <<iN 0- u:~ _ C o 0 CDU o Q) 3: .: 1-lJ.. b') b') b') b') b') b') b') III!I!! e ...... C o U '0 Q) ..... C ::::J o :2 '0 c'O S~ (/) 3 'E 0 0:2 U'O C C OT !! g>cn O::'E" In 0 NU ;E <C 0\ o o \0 o o N 0:- (") N ..-- ~ ~ ~ L() L() (") 0 0 0 0> oo t- <D 0> oo <D <D ..-- ~ L() 0 ~ ..-- ..-- 0 ~ ..-- ~ (") L() ~ N ..-- ~ (") t- <D <D ..-- ~ 0 ~ <D 0 (") N <D N ~ oo oci oo oo 0 0 <D N 0> ~ t- OO N <D ..-- <D 0 L() ..-- L() (") 0 oo L() 0 t- O> <D t- ..-- oo N N L() ..-- t- O (") t-. 0 0 (") (") ~ L() t- (") <D 0 0 0> 0> N ..-- (") N (") N (") (") <D u) L() ~ ..-- 0 ..-- 0 ..-- ..-- ..-- ..-- ..-- ..-- ..-- ..-- ..-- ..-- ..-- ..-- ..-- ..-- N N N N fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 fI7 - I I I I I I I I I I I I I I I I I I I I - ..... "'0 ..... "'0 ..... "'0 ..... "'0 ..... "'0 ..... "'0 ..... "'0 ..... "'0 ..... "'0 ..... "'0 ~ Q) ~ Q) ~ Q) ~ Q) ~ Q) ~ Q) ~ Q) ~ 2 Q) Q) ~ 2 - - - - - - - - O(ij c: O(ij c: Om c: '(ij c: O(ij c: O(ij c: o~ c: .~ c: .~ c: '(ij c: ..... :J ..... :J ..... :J ..... :J ..... :J ..... :J :J :J :J ..... :J I- 0 I- 0 I- 0 I- 0 I- 0 I- 0 I- 0 I- 0 I- 0 I- 0 0 ::2: 0 ::2: 0 ::2: 0 ::2: 0 ::2: 0 ::2: 0 ::2: 0 ::2: 0 ::2: 0 ::2: (") "'0 (") "'0 (") "'0 (") "'0 (") "'0 <D "'0 <D "'0 <D "'0 <D "'0 <D "'0 a. 32 a. 32 a. 32 a. 32 a.. 32 a. 32 a. 32 a. 32 a. 32 a. 32 (9 U) (9 U) (9 U) (9 U) (9 U) (9 U) (9 U) (9 (/) (9 U) (9 U) 0> 0 I- 0 0 <D ..-- ~ ..-- L() ~ 0 ..-- ..-- N ..-- ~ ~ ..-- 0 0 ..-- 0 0 0 ..-- (") 0 (") N 0 ~ ~ 0> ..-- .....I Q) a. t) Q) .....I t) Q) .....I Q) ~ ..... .....I (") N (") ..... (") ..... Q) ..... u.. Q) ..... :J Q) u.. :J Q) u.. Q) Q) Q) Q) Q) .tI 0 - N 0 .tI N 0 .tI 0 en :J Q) :J Q) Q) c: :.:::i .!!l .!!l c: c: :J ..c: c: :J :J 0 0 ..c: 0 ..c: 0 ..c: -, 0 0 0 -, -, -, 0 0 0 0 0 L() 0 oo ..-- ..-- N l- I- l- I- W W W W II) ~ ('I') ~ (0 Co ~ Q, I- UJ C(( ." y VI.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Connnission Date Final Form Must be Turned Medin!!: Dates in to City Clerk's Office Requested City Connnission Meetin!!: Dates Date Final Form Must be Turned in to City Clerk's Office December 18,2006 (Noon) o February 20, 2007 o o o February 5, 2007 (Noon) o December 5, 2006 o ~ o November 20, 2006 (Noon.) January 2, 2007 March 6, 2007 February 20, 2007 (Noon) January 16, 2007 January 2,2007 (Noon) March 20, 2007 March 5, 2007 (Noon) February 6, 2007 January 16,2007 (Noon) April 3, 2007 March 19,2007 (Noon) n o:::i ==4-< -<0 n""" r-~. f11 GJ ::0-< ~% ~ ~d _ 0% o Public Hearing 0 -= 3!= c.n 0)> RECOMMENDATION: Motion to award the Bid for the" ANNUAL CONTRACT FOR MEDICAL AND DfUG f"1~ S~PL~,Bid #012-1412-07/JA, to various vendors with an estimated expenditure of $120,000.00. Consent Agenda Code Compliance & Legal Settlements o City Manager's Report o New Business o o Legal Unfinished Business o -I <- ~ t N NATURE OF AGENDA ITEM o Announcements/Presentations o I2?J o Administrative . ..-....r CONTRACT PERIOD: DECEMBER 18, 2006 THROUGH DECEMBER 17, 2007 EXPLANATION: This is a joint bid, (Bid #2006-43) with the City of Delray Beach, Florida, who is acting as the lead agency. On October 18, 2006, the City of Delray Beach, opened and tabulated eleven (11) proposals. The multi- award recommendation is based on low bid price per product grouping. The five (5) companies recommended for award are the lowest, most responsive, responsible bidders who meet all specifications; aU have supplied product satisfactorily in the past. Agenda Request and Award Recommendation letters are attached. The provision of this bid will allow for a one (1) year extension at the same terms and 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 obtain firm prices for the purchase of the Medical and Drug Supplies for the Fire Department. These supplies are ordered on an "AS NEEDED BASIS", and will be stocked in the City's Warehouse. FISCAL IMPACT: ACCOUNT NUMBER: 502-00-141~1-01 ESTIMATED ANNUAL EXPENDITURE: $120,000.00 NOTE: Actual 2006-2007 expenditure was $111,245.00 ALTERNATIVES: The City could do their own competitive bid, but typically higher quantities result in lower prices from the vendor. Therefore, a Joint Bid is more cost effective. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Procurement Services ~m' A"istmt to C;"!I!!!!!f ~ tl. 'J..l J City Attorney Finance Distribution List: Michael Dauta - Warehouse Manager Mike Landress - EMS Chief File S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC 01/02/2007 11:08 5517425295 WAREHOUSE PAGE 61 The City of Boynton Beach Ffffonu Dqxr"""ant WAREHOUSE DIVISION TO: Bobby Jenkins, Assistant Director of Finance FROM: Michael Dauta, Warehouse Manager .MIJ DATE: January 2,2007 SUBJECT: CO-OP Delray/Boynton Medical Bid # 2006-43 Please go to commission for the CD-OP Ci.ty of Delray and City of Boynton Medical bid # 2006-43. This bid was approved by the commissioners of Del ray Beach on 12/12/06. This bid is utilized to purchase EMS supplies for our fire department. Last year's expenditures were $111,245. This year's expenditures are estimated at $120,000. If you have any questions please call me at 6324. cc: Bill Mummert, Director of Finance MEMORANDUM TO: Ed Crelin, Paramedic LT. Fire Department Delray Beach Bob Taylor, Ocean Rescue Superintendent Janet Allen, Buyer, City of Boynton Beach J acklyn Rooney, Purchasing Manager ~. November 10, 2006 FROM: DATE: SUBJECT: Review Tab Sheet BID #3006-43 MedicallDrug Supplies - Annual Contract Attached is the tabulation of bids for Bid #2006-43, Medical Drug Supplies Annual Contract, and copies of all bids received. Please review and forward to Purchasing your award recommendations and I will prepare the Commission Agenda package. This is a joint bid with the City of Boynton Beach If you have any questions, you may reach me at ext. 7163. Attachments: Tabulation of Bids Copies of Proposals Received 12/08/2006 PRI ?:20 FAX 5612437166 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: December 12, 2006 Date: December 08, 2006 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approval for award to multiple vendors for an annual contract for the purchase and delivery of various medical and drug supplies for the City of Delray Beach Fire Department. Bid #2006-43. This is a joint bid with the City of B.cynlcn Beach. The City of Delray Beach is the lead entity for this joint bid. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Award to multiple vendors for the purchase of medical and drug supplies for the Fire Department at an estimated annual usage of $102,000. Funding from account code 001-2315-526-52,20 for FY 2006 - 2007, with the majority of the purchases coming from FY 2007, Department Head Signature: Detennlnatlon of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendatlon (If applicable): Budget OIreetor Review (required on allltema Involving expenditUre of funds): Funding available: Yes No Funding alternatives: Account Number: (if applicable) Account Description: Account Balance: City Manager Review: Approved for agenda: Yes Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved ~C02/0a8 J. ~I VOl 4.. V ''; 0 "l\.~ ~;~;;. r,n,^ J'IJ.l./..,,*J' ....VI,) differences involved and the reliability of Matrix Medical as a supplier, we recommend the 3rd lowest bidder for this Group of supplies, Group 6 - Alliance Medical - 3rd lowest bidder. The low bidder, Ever Ready First Aid, has been a poor supplier in the past and is not recommended. Their bid is only $102.65 less than the Alliance bid. The second lowest bid is only $10,26 less than the Alliance Medical bid. We have no experience with this vendor. Given the small amount of difference. we do not recommend an award to Ventron Health Care. We have no experience with this vendor and given the total amount involved and the past reliability of Alliance, we recommend the 3rd lowest bidder for this Group of supplies, Group 7 - Matrix Medical-low bidder. \{~ r=; .C Kerry B. Koen Fire Chief --.. Attachment: 1 Cc: Lt. Crelin Acting Asst. Chief Ackerman lL/U~/LQUb FRJ. ~:~l FAX 56l24j7l66 ~C04/008 Recommendation: Staff recommends award to various vendors as outlined above and highlighted on attached Tabulation of Bids for a total estimated annual cost of $102,000. Funding from City of Delray Beach Fire Department operating budget account code 001-2315-526-52.20 for FY 2006-2007. Attachments: Tabulation of Bids Memo From Fire Chief E-mail From City of Boynton Beach Cc: Ed Crelin, Paramedic Lieutenant, Delray Beach Fire Department Carol Doppler, City of Boynton Beach Procurement Services Bob Taylor, Ocean Rescue Superintendent 12i08/2006 FRI 9: 21 FAX 5612437166 fajC05/0CB [ITY OF DELRAY IEREH FIRE.RESCUE DEPARTMENT SERVING OELRAY BE.o,CH . GU:...F S1REAi\1 · HiGHLAND BEACH DURAY BEACH ~ AU.An.-lca City " III! 1993 2001 MEMORANDUM TO: Jacklyn Rooney. Purchasing Manager FROM: Kerry B. Koen, Fire Chief DATE: November 30, 2006 SUBJECT: MedicallMedication Supply Bid #2006-43 I have reviewed the proposals you provided for the Medical/Medication Supply Bid #2006-43. I recommend the bids to be awarded as follows: Group 1 - Alliance Medical- Completeness of bid proposal. low bidder. Group 2 - Boundtree Medical - Low bidder. Group 3 - Sun Belt Medical - Only vendor to provide complete bid proposal and long time supplier of our medications. Group 4 - Southeastern Emergency Medical - Completeness of bid proposal and low bidder. Group 5 - Matrix Medical, Inc. - 3rd lowest bidder. Matrix Medical is a long time supplier of medical supplies to this Department and the finn has an excellent record of on time delivery and compliance with specifications. The difference between the low bidder, Progressive Medical International and Matrix Medical is only $120.77 out of a total bid of $2,127.90. The second lowest bidder, Ever Ready First Aid, has been a poor supplier in the past and is not recommended. Their bid is only $7.13 more than the Matrix Medical bid. We have no experience with the low bidder and their bid is only 5.67% less than the Matrix Medical bid. Due to the minor i=IRE.RESCUE DEP!l.RTMENT HE:,DOUARTERS" 501 'NEST ATLANTIC A'vl:I'LJE' DELRt,'{ BEACH, FLORIDA 32444 (561) 243-7400' FAX 1516) 243-7461 POn/ed Of! R~l(;ycI9c Pr!fu;'- 12/08/2006 FRI 3:20 Fk~ 5612437166 ~C03/008 MEMORANDUM TO: David T. Harden, City Manager FROM: Jaeldyn Rooney, Purdlasing Mrmag4-- THROUGH: Joseph Safford, Finance Director DATE: . December 08, 2006 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING DECEMBER 12, 2006 - BID AWARD - BID #2006-43 MEDICAL AND DRUG SUPPLIES - ANNUAL CONTRACT Item Before Commission: City Commission is requested to make multiple awards to low responsive bidders, as stated below for medicalJdrog supplies for the Fire Department at an estimated annual cost of $102,000 for the City of Delray Beach. Background: The City of Delray Beach is the lead entity for this joint bid with the City of Boynton Beach. Bids were received on October 18, 2006, from eleven (11) vendors, all in accordance with City purchasing policies. (Bid #2006-43. Documentation on tIle in the Purchasing Office). A tabulation of bids is attached for your review. NOTE: The group totals listed on the tab sheets reflect the total of each group for the UNIT PRlCE of each item in that group. The bids have been reviewed by Chief Koen. City of Delray Beach Fire Department per attached memo dated November 30, 2006, Carol Doppler, Procurement Department, City of Boynton recommending award per attached eoornail dated December 08, 2006. Recommended awarded vendors per group are as follows: Recommended Awarded Vendors: Alliance Medical Bound Tree Medical LLC Sun Belt Medical I Emergi-Source Southeastern Emergency Equipment Matrix Medical Inc. . GrOUD Nwnber: 1 and 6 2 3 4 5&7 12/08/2006 FRI 9: 23 FAX 5612437166 CO'5:aJ< tfl~t ;~i~~, . !. ..to ~ ':'r , - - :> t! ~ ~e.-l!, 00 n S,... C": >>!.r-e i~[O~ iI ::;; .' = t' r.4 CD g . ~ ~. g ~ : ~. ~ ~ "" ~ . ; . 10 ' : :r " i- " " 3 -c , ;0. i, ~ " Q tT i z o -l m ~ n :r '" I' ~ '!' o < I ~ i-z ,,!~! ~ cf8='" c. ~ i ! f ~ " ,0 ~ ~ ~!I=~!i:-[l a ~ilw~II !i~-i!!g~-l ~ c....S!.l!to 0 51 ;~7-:g~T ~~~ il;l~ !~"'tm3; I;; ~ ~ ~ o " c >>.J. ~ ~ ~ '" '" ~ - ~~ :'" <1l '.... G'l <> c .., I : r ! ~ Ii i ~ f i I [ I ~ 1]- i it g ~ (; ~ 0'; ~:,.. '" t I~ z o III s: ~ i 3 '" i ~ II Q g 1- ~ ~: , '" ~ ~ ~ G') ~ .. '" s '" s '" ,- :I!~ in ... ..... Gl 2 " ~ - - '" ~ ~ ~ -0) S! ~ -g ~{j ... [ i it if ~ - ~ ~ 0" 8 -.:... ~ ~ ! QIil a ., -€ g -~ !I~i!!! f!~ i.!! I:~;jf ~ ~ ~ "I'~ ~ go ~ ~ ~ ~ i gl~ r~ I ~ ~ i ~ iif II~ ~ i ~ ~ tl1 ; ~I :" Ii.l!~ ~ !;'~ ~--. ~,,~- Q C ~ C a ~ ~ c ~ i- i & ~ 2" ~ i =1 ~ rn5 '" "<lall ~ i!"D ~ ~ ~% ~s ~a~ ~ :ii"3 II : ~ I I 5 I o:l ii .. ! ~ g; I Ii ~ o e " .. i ~ ~ ~ ~ .. $ .., '" .. .... '" '" '" '" z g ~ .. .... '" <II ~ Gl ;; c: " Ch .. '" '.J /;l .., '" .. '" ;0 ;: ",. '" il g ~ 2. II .. !'O ~ ~ :; g 3 " [ . ~ !$ '" o ... '" ~ u ~ ~ ill I fD Z Q IXI S; ~ .~ c ~ o g ;; .. i i .. '" ::i ., ., .. in '" CD <> '" .. .. b '" ..... :.., o % o '" is: 5' ~ " i" ii' l>t .... ... '" '" ~ ~ '" ~ .. ..... '" ..... ~ .. ~ ~ ~ f~ ~ ,Ig I ~. I s: I ~ f( o " " .. z o <D it s w is: ~ ~ % o m is: s 8 3 .., ~ Z Q '" ~ i '" is: i i I 11 I] I ~ i ~ Q " ." .. '" ..., '" IS g '" IV '", it! '" '" I '0 i" " :z Q fJJ II: 5' " 3 " i II '" '" k w :.. '" .. '" <> J:l ~ ~ i ii z '" '" l5: .. Co> ~ & ~~ It :::: 0... n _0 t '", ~ '" 3:w .. 0 ~3 ~n. ....-< r-~ 0" :; S 3 ." " ii' m jg'U " " .. " -" .. t '" i!l: '" "!1< -<< ~ ~ -;;II :!':" o.~ "< '5 9 3 ." i" ;r :>:: :s ;r; g.. l}~ ~ 2 10 - :; n ~ 3 ." [ .. !fff ~n~ !!." .. ')0 j fJI '" 5" "'0 if i:8 l&ii O~QI :J ~J ~ !!. .. ~ '0 '" '" ~ -.J e ,,- n Co . ill: .. Co I '" ~;Q ".S ~. ~ ~, Ii: . 109! a~ 3 ~ '" i5: !ill~ :. -~ ;;1Il ~!.!. Cl-~ " i CD 3f~ I-I -5';- ~ IjIDC08/008 ;: m e () ~ .. :z o -oj~ !:! >0:;: :;! :?l!!~0I0 ~!;~o;; ~:1~~r.1 .c;~~~~ ~~C:Oe-< ~!> ;g 0% )>0 ..:z: 0 c ::: > ... o ~ i o -oj 12/14/20Q5 THU 12:06 FAX 5612437166 I,QJU U~ {UU ~ EITY DF DElARY IEAEH OElRAY BEACH ~ AII.Anlerlca CIly " II t! ~_~14.2006 1993 John D. Surles, V.P. Sales 2001 Henry Schein I Matrix Medical Inc. POBox 2LO Ballentine, SC 29002 1 DC N.W. 's; AVENCiE DELRAY 8EACH FLORIDA 33444 561/243-7000 RE: Bid #2006-43 Medical & Drug Supplies - Annual Contract Dear Mr. Surles; Our City Commission, at their meeting of December 12, 2006, approved the award of the annual contract for Medical and Drug Supplies, Bid #2006-43, to various vendors. This is a joint bid ",ith the City of Boynton Beach. Term of the contract will be from December 18, 2006 through December 17,2007. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term. Groups awarded to your company are as follows: Group lIS - Spliats and Immobilizadon Supplies and Eq.ipmeat Group #7 -Iafeetion Control Equipment aad Supplies Please submit to my attention the required certif"JCAte of insurance as stated on page's 7 & 8 of the bid document. We would like to thank you for your interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243-7163, Sincerely, ~ ?dZltj ~klyn R~ney Purchasing Manager cc: Joseph Safford,~ Director Ed Crelin. Paramedic Lieutenant, Defray Fire Department --,-..,._..,---c-.-.__--- Bob Thyloi,-uceanRescue Superinten~CifY orDeJiiiY1leacn----------------------------- Carol Doppler, City of Boynton Beach Procurement Services * f'riltfeC OIl Recycled Peper THE EFFORT ALWAYS MATTERS 12/14,2005 THU 12:05 FAX 561243116E 12]005/0C6 [IT, IF DELIAY .A[H DELRAY BEACH ~ AlI-A1IItric8 City , , II J! December 14.2006 1993 Stacey Barksdale Piice, Vice President 2001 Sun Belt Medical / Emerg;-Source 20 Capital Drive Hilton Head Island, SC 29926 '00 N.W. 1st AVENUe DEi."AY '3EAC>1. f'~ORIC.!'. 33".1< 561:243-700<: RE: Bid #2006-43 Medical & Drug Supplies - Annual Contract Dear Ms. Price; Our City Commission, at their meeting of December 12, 2006, approved the award of the annua.l contract for Medical and Drug Supplies, Bid #2006-43, to various vendors. This is a joint bid with the City of Boynton Beach. Term of the contract will be from December 18, 2006 through December 17, 2007. Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term. Groups awarded to your company are as foUows: Group #3 - Medications Please submit to my attention the required certificate of insurance as stated on page's 7 & 8 of the bid document. We would like to thank you for your interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243-7163. Sincerely, ~(boyJ Jacklyn Rooney Purchasing Manager cc: Joseph Saffo~ce Director Ed Crelin. Paramedic Lieutenant, Delray Fire Department . ----'--. --'o--noo'Taylor;l)ce3ifRescue'Superiirtenaedf;City ofDemiyBeacn Carol Doppler, City of Boynton Beach Procurement Services * Prmt€'c!:Jr, F/.e;..-:.vc.lsd f'Er;tN THE EFFORT ALWAYS MJlTTERS 1 L11.41 LUUb TH': .l L~ U:> FAX ~~L~4jl1e" ~\iU4/U\ib EITY DF DElAAY BEAEH OEtRAY BEAOf ~ AI'Allerlca CIty , III f! D=mb<< 14,2006 Cathy A. Taylor, Bid and Contract Manager Bound Tree Medical LLC 5200 Rings Road, Suite A Dublin, Ohio 43017 100 NW. 1s1 AVENUE DElRt>S BEACH. FLORIDA 3:1444 56ii243-7000 1993 2001 RE: Bid #2006-43 Medical & Drug Supplies - Annual Contract Dear Ms. Taylor; Our City Commission. at their meeting of December ] 2, 2006, approved the award of the annual contract for Medical and Drug Supplies, Bid #2006-43, to various vendors. This is a joint bid with the City of Boynton Beach. Tenn of the contract will be from December 18,2006 through December 17, 2001. Items will be ordered via individual purchase orders and/or blanket order releases on an <<as n~ded" basis for the contract term. Groups awarded to your company are as follows: Grollp #2 - lntraveaous Supplies Please submit to my attention the required certificate of insurance as stated on page's 7 & 8 of the bid document. We would like to thank you for your interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243-7163. Sincerely, r~~' Jacklyn Rooney Purchasing Manager cc: Joseph Saffor~ce Director Ed Crelin, Paramedic Lieutenant, Dekay Fire Department u_ - -'B06'nylot, OCean Rescue SUpeririteiKldif, City ofDelray Beach Carol Doppler, City of Boynton Beach Procurement Services * p'in!ed.:n Rer;yc!ed f'<;pe, THE EFFORT ALWAYS MATTERS 12/14/2006 THU 12:04 FAX 561243116E ~C03/0C6 [ITY DF DELRIV IElKH DElRAY BEACH r lOll I 0 " !!!!!!I! December 14,2006 , ~ II I! 1993 2001 )01) '! W 'Sl '>VENUb UELH,C,.\ BEACH ;"-LGRHJ/1 ~~3.',41! 6€ t 124 3-7000 Christina Goodwin, Contract Assistant Alliance Medical Inc. POBox 147 Russelville, MO 65074 RE: Bid #2006-43 Medical & Drug Supplies - Annual Contract Dear Ms, Goodwin; Our City Commission, at their meeting of December 12, 2006, approved the award of the annual contract for Medical and Drug Supplies, Bid #2006-43, to various vendors. This is a joint bid with the City of Boynton Beach. Term of the contract will be from December 18,2006 through December 17,2007, Items will be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract term. Grovps awarded to your company are as foDows: Growp #1 ~ Airway Management Equipment and Supplies Growp #() - Bandages aDd Dressing Tape Please submit to my attention the required certificate of insurance as stated on page's 7 & g of the bid document. We would like to thank you for your interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243-7163. Sincerely, (~~J Jacklyn Rooney Purchasing Manager cc: Joseph Saffori1l~ance Director Ed Crelin, Paramedic Lieutenant, Delray Fire Department Bob Taylor, Ocean Rescue Superintendent, City of Delre)' Beach Carol Doppler, City of Boynton Beach Procurement Services --,-._----_._-----_.__.._.._._.._.....-----~_._._--~- ----~--.-~---,-.---.~~--~.~.-,-..~-~----~~-~--...--.~-.- * Fr:r!~o Of"! Rec/:I(I{:: CE--i:C" THE EFFORT ALWAYS MATTERS 12/14/2006 TED 12:?4 Fk~ 5612?37166 1tI002l000 EITY DF DElAAY lEAEN DElRAY BEAOI ~ AD-AmerlcaCity , III I! n._~14,2on6 1993 Tanya Lowery, Customer Service Rep. 2001 Southeastern Emergency Equipment PO Box II % Wake Forest, NC 27588 1001'1.\'11, 1s' AVENUE [lELRAY BEACH, FLORiD... 33444 561/243-7000 RE: Bid #2006-43 Medical & Drug Supplies - Annual Contract Dear Ms. Lowery, Our City Commission, at their meeting of December 12, 2006, approved the award of the annual contract for Medical and Drug Supplies, Bid #2006-43, to various vendors. This is a joint bid with the City of Boynton Beach. Term of the contract will be from December 18, 2006 through December 17,2007. Items will be ordered via individual purchase orders and/or blanket order releases on an nas needed" basis for the contract tenn. Groups awarded to your company are as foUow.: Group #4 - Diagnostics And Instruments Please submit to my attention the required certificate of insurance as stated on page's 7 & 8 of the bid document. We would like to thank you fot your interest in the City ofDeIray Beach. If you have any questions, you may contact me at (561) 243-7163, Sincerely, ~~v; Jacklyn Rooney Purchasing Manager cc: Joseph Saffor~ce Director Ed Crelin. Paramedic Lieutenant, Delray Fire Department .. '8ODTaylor, ocean Rescue SUperintendent, CiiYOflJeliiifBeach Carol Doppler, City of Boynton Beach Procurement Services * F'r~;lff; on Recycled Paper THE EFFORT ALWAYS MATTERS VI.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM 8.3. AGENDA ITEM REQUEST FOkll'. 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 December 5, 2006 November 20,2006 (Noon.) D D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon) I2?J January 16, 2007 January 2, 2007 (Noon) D March 20. 2007 March 5, 2007 (Noon) D February 13, 2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM I2?J Consent Agenda D Legal D Code Compliance & Legal Settlements 0 UnfInished Business D Public Hearing D RECOMMENDATION: Motion to "piggy-back" off of the School Board Bid #03C-75P with S & F Construction, Inc. for the Installation of a sidewalk along the south and north sides of N. W. 6th A venue and the west side of N. W. 2nd Street, and along with the west side ofN.W. 4th Street (see attached map), The estimated expenditure price is $99,323.60, plus an owner's contingency of 5% in the amount of$4,966.18 for a total projected budget appropriation of $104,289, 78. EXPLANATION: TItis project is a continuation of the task of providing children safe accessibility in walking to Galaxy Elementary School. The City utilized the Letter of Agreement between the School District of Palm Beach County and S & F Construction, Inc., of Boynton Beach, Florida dated April 6, 2006, to evaluate the components of the above noted sidewalk project with the terms set forth in the ''Term Contract for Concrete and Concrete Services" that the School District recently awarded (under bid #03C-75P). We fmd the contractor's estimated cost of this project's quantities compatible, supplemented by those items identifIed separately and necessary for our project, specifIcally identifIed as bonding & insurance, mobilization, maintenance of traffic and both large tree and stump removal. Based on the necessity to install this sidewalk as soon as possible since the school term has started, we recommend the favorable award of this contract. PROGRAM IMPACT: To provide a safe access way for elementary school children attending Galaxy Elementary School, and a handicap accessible sidewalk along the route where necessary. FISCAL IMPACT: Funds are allocated within the 2006-2007 budget as follows: Account Description Sidewalk Improvements Account Number 302-4905-580-63-24 Budget $ 104,289.78 ALTERNATIVES: Not to proceed with project, this will result in children walkin traffi,. ~ 7J~ ~ Ass' nt Direc r of Finance o school in close proximity to vehicular Procurement Services City anager's Signature A~;'~~ City Attorney / Finance Department Name S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM,OOC II ~ ~c ~ ~ z~ '"""'~ o~ . . ~~ ~ ~ ..J ~ ~ CO ~ z .LS ~ . IX: ~E-4 zr- ~ CO ~~ ~ z~ E-4 ~ H.L" 'jl'N ~ :i ~ ~ ~ ~ ~ N .-l IX: .-l .-l E-4 0) ~ ~ ~ Z ~ Z Z Z ~ Z H.L9 '.M.'N ~ ~ .0 I II Z lo!!oI 0 _" ..c< rk ~ ~ ,-,~t/) g~--~ ======= -- ======= ==== M=f ~ === ~ ~ ~ Z 0 ~ ~ ~ U 0 L. "' . ~ Z ~ U ~ ~ 0 ~ ~ <-,<,. Cf': (-- DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 06-128 TO: Bobby Jenkins Assistant to the Finance Director Financial Services Department VIA: H. David Kelley, Jr PE/PSM City Engineer FROM: George Mantell Project Manager Public Works Department- Engineering Division DATE: 11/15/06 SUBJECT: New placement of the sidewalks at N.W. 6th Ave and N.W. 4th St Account# 302-4905-580-63-24 Project# CP0263 Please find the attached documentation for your consideration for the replacement of the sidewalks at N.W. 6th Ave and N.W. 4th S1.. I have included the bid, the letter of agreement, a copy of the liability insurance and occupational license. I would appreciate your department preparing the necessary paperwork for approval. In regard to the account number noted above please allow for a 5% contingency ($4,966.18) to cover any unforeseen expenditures with the sidewalks. If you have any questions regarding this matter, please call me at 742-6990. Thank you for your help. Cc: Jeff Livergood, Director of Public Works H. David Kelley, City Engineer PEl 2180 S.E. 1st Street. Boynton Beach, FL 33435. (561) 737-4175- Fax (561) 369.1445 PROPOSAL SUBMITTED TO: CEll: 436-2556 DATE: 11/1012006 City of Boynton Beach FAX: 742-6285 ATTN: Mr. George Mantell STREET JOB NAME P.O. Box 310 . Sidewalk installation/reDlacement (revised CITY. STATE. ZIP CODE LOCATION Boynton Beach, FI. 33425-0310 N.W. 6th Av./ N.W. 4th Street We hereby submit specifications and estimates for. Concrete Se~lces Contract 03C-75A ZONE 1 NO. DESCRIPTION EST. UNIT TOTAL FLA TWORK . QUANTITY PRICE ~OUNT 1 Excavate and stockpile 130.00 cy $10.00 cy 1/ $1,300.00 ./ 2 Fine arade 9,676.00 sf $2.50 sf 1/$24.190.00 3 Concrete 2500 PSI reoular finish and olace 130.00 cy $125.00 cy / $16,250.00 ./ 4 Light broom finish 9,676.00 sf $0.35 sf II $3.386.60 V Vapor barrier 0.00 sf :T 6 $0.06 sf c.' $0.00 6 6 x6, 10/10 W.W.F. furnish and place o 00 sf $0.20 sf $000 7 Reinforcing, steel grade 60, furnish and place O.OOlb $0.50 Ib I $0.00 8 Formwork. 4" thick 4012.00 If $4.00 If I / $16,048.00 9 Formwork. 6" thick 20.00 If $4.50 If 7 $90.00 V 10 Cost per lineal foot for temporary fencing 1.298.00 If $8.00 If ,/$10,384.00 Iv' 11 Cost car cubic yard for backfill 0.00 CY $15.00 cv ' $0.00 12 Cost for furniShing I Installation of sod 6,750.00 sf $0.50 sf 17 ,,43,375.00 / 13 Concrete, each 500 PSI increase over 2500 PSI 130.00 CV $3.00 cv [7 $390.00 0/ 14 Concrete, increase for pump mix 0.00 Cy $15.00 cv - $0.00 15 Pumo. concrete for olacina oump mix 0.00 hr $100.00 hr ~/ $0.00 16 Header curb. type C. furnish and install 100.00 sf $24.00 sf / $2,400.00 / 17 HourlY labor rate(Demo d\spo$8l. saw cuttiilg & fiber mesh) 478.00 hr $45.00 hr V $21.510.00 / Total Expenditure: $99,323.60 ~ We propose hereby to furnish material and labor - complete in accordance with above specification, for the sum of : Ninety Nine Thousand Three Hundred Twenty Three Dollars and Sixty centS ( $99,323.60 Payment to be made as follows: invoice to be. $ubmitted upon (;Om Ietion; payment within thl oIL l{i1 Authorized Signature B- Term Contnlct To: 05121/2007 . THESCHOOI. tlI..crrR1CTOF PALM BEACH COUNlY. FLORIDA PURCHASING DEPARTf.AENT 3300 FOREST Hill BOULEVARD. A-323 WEST PAW BEACH, FL 33406-5913 (561) 434-8216 FAX: (561) 434-8185 SHARON SNMJ DIRECTOR ARTHUR C.JOHNSON, Ph.D. SUPEHIN fENOENT April 6, 2006 S & F COnstruction Attn: Jim Ford 2180 SE 1st Street Boynton Beach, FL 33435 Subject: . ,Bid ,Number: Title: Contract Term: Letter of Agreement 03C-75P. ... , Term Contract for Concrete and Concrete services May 22, 2006 through May 21, 2007 Dear Mr. Ford: This is to advise you that the Purchasing Department of the Palm Beach County School District has accepted your offer to renew Bid 03G-75P for concrete and concrete serviCes as per attached recommendation I tabulation. This acceptance Is subject to compliance with the bid .speciflCations, terms and conditions, all pertinent Jaws of the State of Florida and instructions as determined by the General Counsel for the School Board. Please check your certificate of insurance (See Special Condition "N" "INSURANCE REQUIREMENTS., copy attached) to confirm that it is current. If it is not current, please mail us an updated original certificate of Insurance. making sure that your insurance company has the School District of, Palm Beach County, Florida, NAMED AS AN ADDITIONAL INSURED. The certificate of insurance must reference the above bid number. Purchase orders will be Issued to cover services as the need arises providing a current certificate is on file with the Purchasing Department. Thank you for your renewal and we look forward to continuing to do business with you and your company. Sincerely, Sharon Swan, C.P.M., Director Purchasing Department c: bid file ' Moni$ Simpson, Purchasing Agent ~ ."'~ Palm Beach County Schools .310 The NATIONI Visit www.paImbeachschools.org for details. An Equal Opportunity Employer AGENDA ITEM l J i\ ~ , INVITATION NO. 03C-75A - TERM CONTRACT FOR CONCRETE & CONCRETE SERVICES DATE OPENED: April 2, 2003 DATE POSTED: April 9, 2003 DATE: April 7, 2003 DATE SOLICITED: March 12, 2003 PRESENTED TO BOARD: May 21, 2003 TERM CONTRACT PERIOD: May 22, 2003 through May 21, 2004 DEPARTMENT: Various FUNCTION: 8102 OBJECT: 6701 FUND: 3708 FUNDING SOURCE: Capital Budget - Remodeling and Renovations REQUESTING DEPARTMENT: Maintenance and Plant Operations 38 Bids Solicited, 4 Responses (4 Bid) 34 No Response 31 M/WBE's Solicited, 2 M/WBE Responses (2 Bid) 29 No Responses FiNANCIAL IMPACT The financial impact to the Capital Fund budget is estimated at $1,200,000. The source of funds is the Maintenance and Plant Operations. Purchase orders processed from June 10, 1999 through April?, 2003 total $1,463,389. Items to be purchased include flat-work, slab on grade, curbs, and gutters. RECOMMENDATION OF AWARD VENDOR MINORITY Zone 1 STATUS ALL-SITE CONSTRUCTION, INC. HATCHER CONSTRUCTION & DEVELOPMENT INC. Q,R. DEAN CONST., INC. S&F CONSTRUCTION, INC. 2 (4,:101,456.00) 2 2,569,640.00 1,681,806.00 1 .260.600.00 Note: Original BidlRFP document is available upon request LEGEND: = Award ) = Reject MINORITY ~ (2-Black, 3-Hispanic, 4-lndian/Alaska, ~-Asian, 6-Women, 7-Disabled, a-Other) ... EXCEPTIONS: ALL-SITE CONSTRUCTION. INC. ITEM 1 Rejected - Vendor failed to initial correction in accordance with Special Condition X. M:\lnternaI\Bid\ T abulations\03C-75A.doc 04/11/03 2:52 PM Zone 2 863,731.00 739.175.00 815,103.50 222.505.00 INVITATION TO BID NO. 03C-75A BID SUMMARY SHEET THIS BID SUMMARY SHEET MUST BE USED TO SUBMIT PRICES. PRICES SUBMITTED IN ANY OTHER FORMAT SHALL NOT BE ACCEPTED. BID MUST INCLUDE, IN ADDITION TO MATERIALS; LABOR, INSTALLATION, HARDWARE AND DELIVERY COST AS DETAILED IN SPECIFICATIONS. ZONE 1 NO. DESCRIPTION EST. UNIT TOTAL QUANTITY PRICE AMOUNT FLATWORK 1. Excavate and Stockpile 800 cy $10.00 cy $ 8000 00 2. Fine Grade 100,000 sf $ 2 . 50 sf ~50. 000 3.., Concrete 2500 PSI Regular Finish and Place 1,200 cy $125.0O::Y ~50,000. 4. Light Broom Finish 100,000 sf $ . 3 :Sf $ 35,000. 5. 6x6, 10110 W.W.F. Furnish and Place 20,000 sf $ . 20;f $ 4,000. 6. Formwork, 4" thick 30,OQ() If $ 4.0Of S.20,000. 7. Formwork, 6" thick 10,000 If $ 4 . 5' (jf $45,000. 8. Concrete; each 500 PSI increase over 2500 PSI 400 cy $ 3.0<J:Y $ 1 .200. 9. Concrete, increase for pump mix 600 cy $ 15.0O::y $ 9,000. 10. Pump, Concrete for Placing Pump Mix 100 hr $100.0c/1r $10.000. Sub Total- Flatwork Costs - Zone 1 $632.200 o o o o o o O. o o 00 ZONE 1 NO. DESCRIPTION EST. UNIT TOTAL l-- QUANTITY PRICE AMOUNT SLAB ON GRADE 1, Excavate and Stockpile 200 cy $ 10.00cy $2,000.0( 2. Fine Grade and compact 20,000 sf $ 2.25sf $45,000.( 3. Soil Poisoning 20,000 sf $ . 25sf $ 5,000.( 4. Concrete, Regular, Furnish and Grade 400 cy $11 5 . OOcy $46,000.( 5. Trowel Finish, Including Sealer 20,000 sf $ .50sf $10,000.(0 6. 6x6, 10110 W.W.F. Furnish and Place 20,000 sf $ .2Osf $ 4,000.(0 7. Reinforcing Steel, Grade 60, Furnish and Place 4,000 Ib $ .501b $ 2,000.(0 8. Formwork, Edge Forms 2,000 sfca $ 5.0efca $10,000.(0 9. Vapor Barrier 20,000 sf $ . 0 6 sf $ 1,200.(0 10. Concrete, Each PSI Increase over 2500 PSI 400 cy $ 3.00cy $ 1,200.( a 11. Concrete, Increase for Pump Mix 200 cy $15.00cy $ 3,000.(P 12. Pump, Concrete for Placing Pump Mix 40 hr $I 00 . 00 hr $ 4,000.(P Sub Total - Slab on Grade Costs - Zone 1 $133,400.0 o o o o 17 INVITATION TO BID NO. 03C-75A ZONE 1 NO. DESCRIPTION EST. UNIT TOTAL QUANTITY PRICE AMOUNT CURB AND GUTTER 1. Curb and Gutter. Type "A" Mountable, Furnish and Install 200 If $ 25.001f $ 5,000.00 2. Curb and Gutter Type "F", Furnish and Install 400 If $ 25.001f $1 0 , 000 . C 0 3. Header Curb, Type "C", Furnish and Install 20,000 sf $ 24 .Oosf $480,000.0 Sub Total- Curb and Gutter Costs - Zone 1 $495,000.0 o o GRAND TOTAL _ ZONE 1 (Flatwork, Slab on Grade and Curb and Gutter inclusive) $1 ,260,600.00 .. ZONE 2 NO. DESCRIPTION EST. UNIT TOTAL QUANTITY PRICE AMOUNT FLATWORK $ 2,200.cb 1. Excavate and Stockpile 200 cy $ 11 .0Oy 2. Fine Grade 25,000 sf $ 2.75Sf $6a,750.ob 3. Concrete 2500 PSI Regular Finish and Place 300 cy $!37.00CY $41,100.cb 4. Light Broom Finish 25,000 sf $ . 3 a sf $ 9,500.cb 5. 6x6, 10/10 W.W.F. Furnish and Place 5,000 sf $ . 2 2 sf $ 1.100.cb 6. Formwork, 4" thick 8,000 If $ 4.50lf $36 .000.0 b 7. Formwork. 6" thick 3,000 If $ 5.00 If $15.000.(D 8. Concrete, each 500 PSI increase over 2500 PSI 100 cy $ 3.50 cy $ 350.00 9. Concrete, increase for pump mix 150 cy $16.00cy $ 2,400.0D 10. Pump, Concrete for Placing Pump Mix 25 hr ~OO.OOhr $ 2.500 0:) Sub Total- Flatwork Costs - Zone 2 $178.900.0 o ... 18 INVITATION TO BID NO. 03C-75A ONE2 NO. DESCRIPTION EST. UNIT TOTAL QUANTITY PRICE AMOUNT SLAB ON GRADE 1. Excavate and'Stockpile 50 cy $ 11. 00 cy $ 550.00 2. Fine Grade and compact 5,000 sf $ 2 . 50 sf $12,500.) 3. Soil Poisoning 5,000 sf $ . 3 0 sf $ 1.500.) 4. Concrete, Regular, Furnish and Grade 100 cy $125.0~y $12.500.~ 5. Trowel Finish, Including Sealer 5,000 sf $ . 5 5 sf $ 2.750 tl 6. 6x6, 10/10 W.W.F. Furnish and Place 5,000 sf $ . 2 2 sf $ 1 100 _ ~ 7. Reinforcing Steel, Grade 60, Furnish and Place 1,000 Ib $ .551b $ 550. 8. \ Formwork, Edge Forms 500 sfca $ 5 . 5 o>fca $ 2.750. 9. Vapor Barrier 5,000 sf $ . 07 sf $ 350. 10. Concrete, Each PSI Increase over 2500 PSI 100 cy $ 3 . 30 cy $ 330. 11. Concrete, Increase for Pump Mix 50cy $16.50 cy $ 825. 12. Pump, Concrete for Placing Pump Mix 10 hr $ 1 00 . 0 dlr $ 1,000. ) Sub Total - Slab on Grade Costs - Zone 2 $1~ 7nt; ~ I ONE2 NO. DESCRIPTION EST. UNIT TOTAL QUANTITY PRICE AMOUNT CURB AND GUTTER . 1. Curb and Gutter, Type "A" Mountable, Furnish and Install 50 If $28.00 If $1,400.0 2. Curb and Gutter Type "F", Furnish and Install 100 If $28.00 If $2 , 800 . 0 3. Header Curb, Type "C", Furnish and Install 100 sf $ 2 7 . 00 sf $2.700.0 Sub Total - Curb and Gutter Costs - Zone 2 $6,900.0 GRAND TOTAL - ZONE 2 (Flatwork, Slab on Grade and Curb and Gutter inclusive) $ 222,505.00 ... BIDDERS PLEASE NOTE: All price quotes must be completed in ink or typed, all price changes Le. white outs or cross-outs rnust be initialed, otherwise price quotes shall not be accepted. 19 o o o o o o o o o o o o INVITATION TO BID NO. 03C-75A ADDITIONAL INFORMATION (Not included in bid award tabulation) 1 . Cost per cubic yard for tree removal $ 75.00 2. Cost per cubic yard for backfill $ 15.00 3. Cost per lineal foot for temporary fencing $ 8.00 4. Additional Cost for furnishing I installation of Sod $ r;n /sq. ft. 5. Additional Cost for installation of Sod only $ ?r; /sq. ft. 6. Hourly Labor Rate $ 41:) 00 /per hr. VARIANCES: State any variances, however slight, to the above specifications. \ ... 20 INVITATION TO BID NO. 03C-75A .oInority Certification applications are available through the Minority Business Enterprise located at: Office of Diversity in Business Practices School District of Palm Beach County 3322 Forest.HiII Boulevard, Suite A-1 06 West Palm Beach, FL 33406-5871 Phone: (561) 434-8508 htto://www.oalmbeach. k 12. f1.us/bids/mwbe Are you a minority vendor certified by: (Check if appropriate) Palm Beach County School District State of Florida If y~, expiration date Minority Classification If you are not a certified minority vendor and intend to sub-contract with a certified minority firm(s), please list the vendors and the estimated dollar value below: I Vendor Estimated Dollar Value $ W&L Dobson Inc. $Not available $ For information on other bids currently being solicited for the School District of Palm Beach County, please call the BID HOTLINE at (561) 434-8111. BidslRFPs are available to view and print at no charge on the Purchasing Department's Internet Hotline. Simply go to htto:llwww.oalmbeach.k12.f1.uslblds and click on those documents you are interested in. This will allow you to register, view and print the solicitation. 4 ATTACHMENTS 21 -- AC.OB.Q CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OONYY' . 02/23/200)_. PROOUCER (561)278-0448 FAx (561)278-2391 THIS CERTIFICATE 1$ ISSUED M A MATTER OF INFORMATION Weekes .& (al1~way, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 777 E.J!.I.1\~ntic Ave. Ste 300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Del ray Beach, FL 33483 Ana Smith INSURERS AFFORDING COVERAGE NAlC# INSURED S &, F Construct10n Inc INSURER Ie Amer;sure Mutual Ins Co. 02S... 2180 S.E. 1st Street INSURER 8: Amerisure Insurance Company 09088 Boynton Beach. FL 33435 INSURER c: INSURER D: .. .._.~.._-_._.._. INSuRER E: -~.._--,.~,--~ THE POlICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHST ANOiNt /lHV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH. THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lNIR TYPE OF INSURANCE POlIC'( GENERAL UA81UTY COMMERClAl. GENERAL LIABIUTY ClAIMS MADE 0 OCCUR A X MEO EXP(Any _ pemn) PERSONAl & N:N INJURY GENERAL AGGREG\TE PRODUCTS. COMPt'OP AGO A GEN'lAGGREGATE UUIT APPlIES PER: POLICY ~8i LOC AIITOM08ILE UA8IUTY X At('( AUTO ALL OWNED AUTOS SCHEOULEO AUTOS X HIRED AUTOS X HON-OWNED AUTOS IlODIlY INJURY (Per ec:ddent) 03/01/2006 CA2007327 03/01/2 COM8lNEO SINGLE UMlT (Ea ec:ddent) BODILY INJURY (Per peI8OI1) PROPERTY DAMAGE (Per IIOCIdent) AUTO ONLY, EA ACCIDENT S $ $ $ $ $ $ $ GA.RAGE UABIUTY N<< AUTO OTHER THAN AUTO ONLY: EACH OCCURRENCE AGGREGATE EXCESSIUMIlRELLA UABIUTY OCCUR 0 ClAIMS MADE DeOUCf1BlE RETENTION $ WORKERS COflI'ENSA11ON AND EMPLOYERI' UAIlUTY B AH'f PROPfUETORIPARTNERIEXECUTIVE OFFICERIMEMllER EXClUDED? If yw. cIeIcribe..,. SPECIAL PROVISIONS below OlliER WC200733000 03/01/2005 03/01/2006 C STATU- X E.L EACH ACCIDENT $ E.L~.EA~. $ E.L DISEASE. POLICY LMT $ oacRPT1OHOf0PERA1lONl"LPCA11ONS'VElKlp/~ADDEP 8Y~/~~ d *Notice Accepted that Certit1cate Holder 1S Named as Additional Insure ** l.MT8 $ $ $ $ $ $ 1 000 01 300 01 10 01 1 000 01 2 000 01 2,000 O. $ 1 000 01 $ $ EA ACX; AGG 500 O( 500,0( SOO O( SHOULD Nf'{ OF THE A80ve OESCRIBED POLICE8 lie CANCELLED ee~ORE THE EXPIRATION DATE THEREOF, THE ~ INSURER WIl.L ENOIAVOR TQ'MAIL ..1Q..... DAYS WRITTEN N011CI TO THE ~TlFlCATE ttOUlIR NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMP08l! NO OlIUGATlON OR UA81UTY Of Nf'{ KIND UPON lHIlNIURER. rra ~ OR ........ATIVI8. AUTHORIZI!OREPRERNI'A1IVI ~~~ J. Michael Callawa CIC ~ ~ ~ ~CORD CORPORATION 191 City of Boynton Beach Attn: Tara Brown 100 East Boynton Beach Bouleva Boynton Beach, Fl 33435 ACORD25(2001/08) FAX: 742-6357 ~ . . '.. . :':". ':'.' . .... !..:':;':::':":~.'i.~:#Ai1.i,8EA.ti;.l~~l!i~;;]'.U:~W;:;:f!:.':(~.:;;:..:'::,::.':. .'ClAsS' '. :.....!.:'~: :.1"0;;";00': "":f:...:t[. >~~;".: '.1 ~:..:7'fi1Mi,'}"'JlW!.:' '$"'S'J;Ii:'::;~:";":""" ,'..",' '.. If?lCATI~ :' ". .......'n .D~~yt,;"I.::'); "'''<.. "\-:', .... "'.', ':' '... ". ", ~....,' . ",;,'.. . ;',:;U ..', : ..,:i;-i \ ~.. H~".: .' '. I -"; r::l.;';":' J.F~":~::'f: '; ,,'. .' . . . .. . .' .' .~,..;.'.' :.t.~""':f."'''; :....,.\.....-1., .~t".tl...:;"::. >>-.:..,;..;.......~~.: .~:'.. . . '. '. . ." :ir;:~:'p'; ;'~:R:;',;~F~'~;5~';~ri\~.#FJJ;~~:;i*l;. ~'-WUf:!~fj;~ji[;~~:j..;...:;7': , io': '.' '. . ". ':-.c A. ',j '''m:'~,''H '0 \r::.?r'f":!;I:;;!~""1Rf . 1:[.....,.:. '~;JI:-';'''~IV~' .. , . . . '. .. : ~i:'.: ~:..;:/::,..~:ot.~...;!: ',~,.',~',:,:,,:":,'"i:'>':;-'.d;~:":i..t f(::e.t:.":..'l.t~':-..f:;...:.:~;;'..."~ r:':.'::.':'~";,,,,;, .-'. I _ '$ Be F CoNSTR:UctJON~NC;:' ,i!;'" ;...';;:,t,~..i: :';,";',:..:.;i(oa~~li~li~;"I.;"~;?.(":':1rr.l;~if';~:JV~~';::"~!~'!; Mf' : '; $3aQ 50; .' " . IiORD ~ ~" .J. . ;,( ;<i:T:~;Pji.'};;;i}1!!liii!i;}!!t~!!;iiit;;'W~#.!gfflj~;mttJli.N:;f. '),:" :f,; ; :~:)::.:' . , . , ,,' .". .. '.". .,..". .. - --Z~~Rf;ft~Ti !f"~t". ,...~~'t,i!..".......~..?f..,., ."'~,......",' '.. .'. " " .., . . '.' . .: ... '.. ":'::,.i'il;iJ~!!iiI;i~!j~~, :;,:,':~;!l!Y~,,:::'.~ ":~:WMN:li~!i/.':i~:,:'/; :.:,,;;. ';:'> , ..' ..., ...... ., >,"/. /;~.._, ,t,~ .....,~I..... r.......(.I.,.:>:i'<1h;hr.t~ -:rIn-f.;: f,~....~t,",. t-'Qf(AI,! '. ." -J3.G9.00..c . . . , .... . :.' ':::.' :--:. ":.;"',~: :~r:.;?~ ~ ,.:~!O!,: ,... .~~::~ 1,:,;; ';"~:'" r~ ~t ':f!.!}':~~~~.~ ... ~. . !l~..i..l':: !':.~. ,..:~ '~/~: : r;~,.~.:~.:: :;,~ ::.':'> ." :' :':' <. : '::." .. Is her8by'liceQSed.et~.fQ,~.Ref'i~ . ,,,"113ft' ~. ,',. ;';j.,(-\t""S't~:''''{1 1-( '. '~i' <.,., ':"'I#.::'.~fl!'P.l:!"';"';i.:;...:"v.'''':'' '.. '.' 'i" . ", . ...........~bf. ..-~...-,-",~,. on'" ......,a~.:h.:~.1oiI .. ''',~...u,; ..". :.,.,:,'O;:;,!...tf :r ~ ~~ U'.t'\W\,DA'..: '., .'.:: ' ,... ."...".., ~-..~ . '~"~~I,'" '"~.''' ~~.~. 'I ..';' ..1....;:...., , .... ~ . ~.. "... "~~:r':!r:~',,,,' . . t.. '. I'th"btisl. .....~=.:.L:.'~.".. a:'''''':''-'~'':''''irr''::<',"':,t'...... -r-'".~. <...~w:. .w"",, ." ... .,:. ': ~~. ~'. :~~.,!:,.~.:r:;"!~~~~;- ::';"t,.u,rl;~:.?:uln!L~~~~:.f ":".:;::::~!1,,:,"'t",~ ....~. .:-"::1 . c. :iif!'~'-.>.;...,~,' .,::..:' .',., .'.:.' ....:....:: , . GENERAl-CO~~".. .1......, ,... "I..?"., '. '~'!''''" ";J ,..'...'ir!'....~i[t.m:ii".,.~f:t.~f..;... h, .',.' , . ,.' ....: . ,'. ;,'.. ::;. .:. .::;.;,/;:)}~~..>f.;?K/Jj~[i.t..~:tMHffrk;ifF f; iWgNMlgHiJ;Rl~ i .~' . J~:"" ..:"..;::. ~'~';;; :~: ~':~.' ;. ....,:./ :/.".... .'-./." ..~t3?:67IR~~~...,,~.,.._"...,~. ,.','.,. ...~ll.'... N' ...,'.;,! ,~,~_..,~_tll.,~~ . ,~~:.:,' ,', ." .::...'::..;...:.P.EfiiRiii)ti.~~~!'.,!~;;!:;C~i~D.;~'<::';:.P!n.j' .....N -. . .. '\RE~D8"::;'" '. .'. . .... .......... "\ ..~.~.~~!_., ..~' I:.hor.... '.. " ....j ..,,~:.; It . C "1 .... '1:' ~,.... ....~. _. TAXcOU.~~~.~:4I1.......~rif.i': '.-...! ,"!..:.;<:i~;i;~;1.'~.~~:Etf.'f' (n'l:.t I .' . .:::<.:';'. ,:,:: .:. : ::.';.' :., . ...' ,.....:.. ': :.:"i;,~;:.':'1:::",.,>:::.~;~:,,;';.~~:if""~'..J.;t :,"'hi;lii~'rr~A'~\r~J.:':lJtt:;;I"'~':fti..'.7 ...."..;~~~...~:.;~~: :',.... ,.:; ,.. . .' . :'. '., L'.l":l :1.,~.1 .':1' ,.,~,( ,i ;-.' .....at !,.,.' , -i '!. <r.;;;"t "i'" l:lil"t,.f'tl.;j$J:l.k-= J!\t'~H~~~;' ....,< ,. '. ..".'" ...,... ...':. . ...:.. ~_'h"""'''':''':; '~.1.~".....\I,-":'::.;..'" ":"::i .. ,..f!t.::~(i:"S!;....;:J.... '......~ :,1.f1 ~~~1..Lu..~r;!~~~"",V"n:~.' . Jt;!:P~-a\"!~~..~r ..t~;.f'~':~?.', I~_:. '^'~ _:..L.:..~..:,. ~ ..... .. ~..... J~ 1Tl rr .' rrrH , .' ," '" ...., ,- ~.".,.:'f. ."..0...'...... Jr-"'" .. " . ~ ".. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.l. Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office D December 5, 2006 November 20, 2006 (Noon,) D February 20, 2007 February 5, 2007 (Noon) D January 2, 2007 December 18, 2006 (Noon) D March 6, 2007 February 20, 2007 (Noon) 18I January 16,2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) D February 6, 2007 January 16, 2007 (Noon) D April 3, 2007 March 19,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM 18I Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: Motion to approve and execute by resolution, Amendment No.2, to Task Order 01-17, for $222,761.00 engineering services provided by Camp Dr~sser & McKee, Inc. (CDM). Amendment No.2 will provide additional permitting requirements, construction observation services, technical service services and groundwater monitoring for the INCA Stonnwater Management Improvements and Water Main Replacement Project. EXPLANATION: The INCA project area includes N.E. 7th Street and NE. 7th, 8th, 9th and 10th Avenue. Task Order 01-17, approved by City Commission on June 17, 2003, included services for design modifications/additions and construction phase services for the INCA project. The duration of construction phase services have exceeded projections. Task Order 01-17 did not include permitting for conditions related to the mangrove and wetland areas existing within the project area. Services to ensure stringent compliance requirements needed for permitting by the South Florida Water Management District (SFWMD) and the U.S. Army Corps of Engineers (USACOE) were covered under Amendment #1, approved by City Commission on March 16,2004. Amendment #1 also included modifications to bid documents for replacement/installation of 2,700 linear feet of sanitary sewer lines, associated manholes, street lighting installation and wetland mitigation and protection. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM CONSTRUCTION CONTRACT Purchase Order Amount A roved Con tin enc Total A roved/Construction $ 4,130,907 $ 619,636 $ 4,750,543 $ 466,461 The total funding for construction related services to CDM is 9.8% of approved amount for the construction project. PROGRAM IMPACT: The INCA project has presented challenges for the City, CDM, and the awarded contractor, to alleviate flooding caused by poor drainage and tidal influences. The main purpose of this project is to improve stormwater management through a series of pond segments leading to a stonnwater outfall into the Intracoastal Waterway. Replacement of water mains, sanitary sewer lines and manholes were also included dependent upon need. The nature of existing soil conditions containing peat has presented problems with dewatering due to the project areas close proximity to the waterway. Milestone and completion dates have been extended and even though we anticipate we will reach Final Completion by March 31, 2007, the funds provided under Task Order 01-17 and Amendment #1 have been expended. Amendment #2 will provide professional services in four (4) areas: . Preparation of the PB County Health Department permit renewal application; . Additional construction observation assistance (resident observer) for 26 weeks of construction, 40 hours per week; . Expert technical services support as needed; and, . Groundwater monitoring to observe groundwater levels as construction progresses performed by Dunkelburger Engineering & Testing as a sub-consultant. FISCAL IMPACT: Negotiations for this task order were approved through an agreement for General Engineering and Consulting services dated October 4, 2000. Funds are available as follows: S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC , ,i.(.,~....:' ' . '.~ i~. <. ~ ' j ~, I I" 1..\ ~/ / ~.. ,-, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM TASK ORDER COMMISSION ACCOUNT NUMBER AMOUNT APPROV AL DATE Task Order 01-17 June 17, 2003 403-5000-590-96-07 STM021 $195,000.00 403-5000-590-96-02 WTR116 Amendment #1 March 16, 2004 403-5000-590-96-07 STM021 $48,700.00 Task Order 01-17 403-5000-590-96-02 WTR116 Amendment #2 January 16, 2007 403-5000-590-96-07 STM021 $222,761.00 Task Order 01-17 Ae:enda 403-5000-590-96-02 WTR116 I TOTAL $466,461.00 AL TERNA TIVES: There is no alternative. The projected Final Completion date for the INCA project is March 31, 2007. The timely completion of this project is at a critical point and requires additional construction observation assistance and constant monitoring to ensure compliance with the Contract Documents and requirements from permitting agencie . U\Lb vr. Kofi Boateng \ \ <? \ oq Utilities Director ~ Carisse LeJeune, Assistant to City Manager Utilities Department Name City AttorneylFinance Attachments - Three (3) original Task Order Amendments bc: Kofi Boateng, P.E., Utilities Director Pete Mazzella, Deputy Utilities Director Chris Roschek, P.E., Engineering Division Manager Paul Fleming, PMP, Sr. Project Manager Barb Conboy, Manager, Utilities/Admin & Finance PMT File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 2 RESOLUTION NO. R07- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING EXECUTION OF 6 AMENDMENT NO.2 TO TASK ORDER NO. 01-17 TO 7 CAMP, DRESSER & MC KEE, INC., IN THE AMOUNT 8 OF $222,761.00, PROVIDING FOR ADDITIONAL 9 PERMITTING REQUIREMENTS, CONSTRUCTION 10 OBSERVATION SERVICES, TECHNICAL SERVICES 11 AND GROUNDWATER MONITORING FOR THE INCA 12 STORMWATER IMPROVEMENTS AND WATER 13 MAIN REPLACEMENT PROJECT; AND PROVIDING 14 AN EFFECTIVE DATE. 15 16 WHEREAS, task Order 01-77, approved by the City Commission on June 17, 2003, 17 included services for minor design modifications//additions for the preparation of area street 18 lighting and aeration fountain specifications in addition to construction phase services 19 regarding the INCA Project, however, neither this Task Order, nor the original Task Order, 20 included permitting for conditions related to the mangrove and wetland areas existing within 21 the project area; and 22 WHEREAS, Amendment No, 1 to Task Order 01-17 was approved by the City 23 Commission on March 16, 2004, and included services to ensure stringent requirements 24 needed for permitting by the South Florida Water Management District and the U.S, Army 25 Corps of Engineers; and 26 WHEREAS, Amendment No, 2 will provide professional services in four areas such 27 as preparation of the Palm Beach County Health Department permit renewal application; 28 additional construction observation assistance for 26 weeks of construction at 40 hours per 29 week; expert technical services as need and groundwater monitoring to observe groundwater 30 levels as construction progresses. S:\CA\RESO\Agreements\Task - Change Orders\Task Order - Amendment 2 to CDM 01-17,doc 1 WHEREAS, the City Commission, upon staff s recommendation, has deemed it 2 appropriate, and in the best interests of the public, to approve Amendment No. 2 to Task 3 Order No, 01-17 for Camp, Dresser & McKee, in the amount of $222,761.00, for the 4 additional permitting requirements, construction observation services, technical services and 5 groundwater monitoring for the INCA Stormwater Management Improvements and Water 6 Main Replacement Project (formerly referred to as the NE ih Street and NE 1 oth Avenue area 7 and North and South Roads), 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 9 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 10 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 11 being true and correct and are hereby made a specific part of this Resolution upon adoption 12 hereof. Section 2, The City Commission of the City of Boynton Beach, Florida does 13 14 hereby authorize and direct execution Amendment No.2 to Task Order No. 01-17 for Camp, 15 Dresser & McKee, in the amount of $222,761.00, for the additional permitting requirements, 16 construction observation services, technical services and groundwater monitoring for the 17 INCA Stormwater Management Improvements and Water Main Replacement Project 18 (formerly referred to as the NE ih Street and NE 10th Avenue area and North and South 19 Roads). 20 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\Task - Change Orders\Task Order - Amendment 2 to CDM 01-17,doc 1 PASSED AND ADOPTED this _ day of January, 2007, 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 Mayor - Jerry Taylor 8 9 10 11 Vice Mayor - Robert Ensler 12 13 14 15 Commissioner - Mack McCray 16 17 18 19 Commissioner - Jose Rodriguez 20 21 22 23 Commissioner - Carl McKoy 24 ATTEST: 25 26 27 28 City Clerk 29 30 31 (Corporate Seal) S:\CA\RESO\Agreements\Task - Change Orders\Task Order - Amendment 2 to CDM 01-17,doc ENGINEERING SERVICES TASK ORDER CITY OF BOYNTON BEACH TASK ORDER NO. 01-17, Amendment No.2 DATE: COM PROJECT NO. 6276 - 39603-017 I. PROTECT TITLE Construction Observation Assistance and Extension of Construction Administration Assistance for INCAjN.E. 7th Street Project Area II. BACKGROUND COM was retained by the City of Boynton Beach (City) to design, permit and provide bidding and construction administration services for stormwater improvements to N.E. 7th Street Area and North & South Roads. Amendment No.1 consisted of additional professional services (1) to respond to SFWMD Request for Additional Information (RAI) to address environmental concerns of the proposed design; (2) to and provide wetland mitigation work; (3) revise the construction drawings and specifications to incorporate changes requested by SFWMD; and (4) prepare the street lighting plan for the North & South Roads project, as requested by the City. This Amendment No.2 is related to services for four different tasks. Task 1.0 is for the preparation of the Palm Beach County Health Department Permit (PBCHD) application related to the WM installation on NE 7th Street. The original PBCHD permit was attained by the City and expired as the WM installation on 7th Street was to start. The City requested COM to reapply for the permit. COM prepared the permit application, provided signed and sealed construction drawings and delivered the complete application at the PBCHD for approval. Permit was issued by the PBCDH and the WM on 7th street was installed. Task 2.0 is related to providing limited Construction Observation Assistance for 26 weeks of construction. COM will provide a resident observer staff for 40 hours per week during 26 weeks (January to June 2007) at the construction site to observe construction progress and related clerical work assistant. Also, COM Constructors, Ine. (CCI) senior project manager will provide construction site observation, technical and management guidance in average of 4 hour per week during 34 weeks (November 2006 to June 2(07). Task 3.0 is related to providing technical services support and administration assistance during construction. There will be a combination of technical experts and upper management providing expert services due to the need of additional technical and higher management assistance and related clerical work. The technical experts will visit the site, meet with the City, participate in technical meetings, provide opinion and assist OOOO-DLCNB-MD,DLC.BB 12/22/06 1 the City in any technical aspect of the construction, The technical services provided during the months of September to November by CDM experts listed under the technical specialist's category. Project management is provided in an average of 9 hours/week during 44 weeks in the category of senior engineer, It is expected that the majority of this time will be spent at the site during construction, Task 3,0 of this amendment accounts for the services provided during months of August, September, October and November 2006 (total of 14 weeks) and then continuing from December 2006 to July 1, 2007 (total of 30 weeks). Letter of Understanding #1 dated 2/23/06 expanded the construction services assistance and provided funds up to mid August 2006. Task 4.0 is related to groundwater monitoring within the areas of construction with the purpose of observing the groundwater levels as construction progresses. The monitoring wells will be installed, monitored, reported and abandoned by Dunkelburger Engineering & Testing (DE&T) as a subconsultant of CDM providing these services to the City as requested. The estimated total number of wells is not to exceed fourteen (14) monitoring wells to a not-to-exceed/upper limit amount of $19,217.00. III. CONTRACT REFERENCE This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated the 4th day of October 2000 between the City of Boynton Beach (City) and Camp Dresser & McKee Inc. (CDM). IV. SCOPE OF SERVICES The Scope of Services shall include the following tasks: o Task 1.0 - PBCHD Permit Application for NE 7th Street WM replacement. o Task 2.0 - Construction Observation Assistance, o Task 3.0 - Services during Construction. o Task 4.0 - Groundwater monitoring by DE&T. V. PROJECT STATUS REVIEW CDM shall provide the City with written monthly status reports with monthly invoices for the duration of the project, VI. PROJECT SCHEDULE Task Order runs concurrently with the construction contract period. In the event the Contractor does not complete the work within the designated contract period, additional compensation for time-dependent services will be required. OOOO-DLCNB-MD.DLC,BB 12/22/06 2 VII. COMPENSA nON FOR SERVICES The total amount to be paid to CDM by the City under this Task Order Amendment shall be an upper limit amount of $222,761.00. A breakdown of the labor hours and other costs associated with this Task Order Amendment are provided in Exhibits A. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CAMP DRESSER & McKEE INC. CITY OF BOYNTON BEACH, FLORIDA J;)J QDl David L. Collins, P.E., BCEE Associate Kurt Bressner City Manager OOOO-DLCNB-MD,DLC,BB 12/22/06 3 <{ ?- m :c x W (/) I- Z W :2 W > ft w c..oo :2ZZ - <{ I-<{I- ZZ~ :cwO(/) a: o:2i=(/) :J <{wo<{ 0 W>:JzN:C mfta:ooa: Zc..~i=ZO ~~OZ~!Z~ ZI- a:w.J >-zow:2u.. ow,,~oo m:2ZoZ>- u..wiI: wa: o":JZ:2<{ >-~oQ<{:2 I-<{(/)I- :2 O:2WO :J o:J (/) ffi>~ I-a:(/) <{wz ~(/)O :2 0 a: o l- (/) <{ o Z ...- u 0 0 8 0 0 0 c '" It) e '" '" '" ,.: '" '" ~ "- I"- iD l1. N N l"- e oj .,; N N ~ ..... N ~ B '" iii 0) 0 i c <0 <0 ~s.g 0 0> "- 0> !8'6 "'- g '" ~ <It <It <0 ..... {:. ~ '" ~ - - ~ '" 0 N ctI 0 ~ <0 0) <0 ~ -.0::> "'- ~ o ctI 0 ~ It) 0) I---':I: ~ ~ i 0; ~ 0 <0 N 0 It) c.J ~ It) ~ .~ U ~t: 0 0(') 0 0 'c 0.0 0 ~ 0 ~ CIl a.~ 0 0 en::>'" ~ ~ en - 0; c: .~ R 0 0 0 0 ~'" e a.. - 0; c: .2 N 0 <0 "'0) <0 0 <0 <0 "'''' CIl e a.. 0 Oi <1)0> 0 0) 'c C:N 0) 0 0 0 Q) "0, T"" ~ ~ enc:'" w gSv <0 <0 "e ~:! 0 (') 0 (') a..i5'" ~ ~ (ij(j) .2 ~ 0 <0 <0 E"o ~ 0 0 (') (') ~ ~~ I-en 0) I"- <It Oi 0 0 0 0 c.J := 0 - .E c: c: ,2 ~ ,2 c: t; ~- 0 2 0> ~ 7ii c: -.:: =c: c: c ..g ~~ 0 31 0 c: "" 8 .a 0> 0 0 c: ;:E ~ e3! c: 'I: ~ '" Q)~ ::> S '" 0 C I- a..&! "" ~ c.J ., O;:E 2 CIl -0 G~ 7ii (.) c: '2: ::> c e --' ID- 0 CIl <( a.. 3l 0 en C) I- .~ ~ 0 ...I om 0 0 0 I- ~ ..,...;~ C\i!! (I) -.il- ID ;x.t::: """,!!l """ """all ~ 0 ~~ cn--0 ., "w en I- alCO as ~C 1-<( I- VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20,2006 (Noon,) 0 February 20, 2007 February 5, 2007 (Noon) 0 January 2, 2007 December 18,2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) t8J January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 6, 2007 January 16, 2007 (Noon) 0 April 3, 2007 March 19,2007 (Noon) NATURE OF AGENDA ITEM o o t8J o o Administrative AnnouncementslPresentations o o o o o City Manager's Report New Business o en o f'T1 n N \D n o-t =i-< -<0 (") '"Tl '0:1 mo ~-< ^Z " ui~ - ::J: 0 RECOMMENDATION: Approval of Resolution No. 07- confirming terms and conditions set forth in <<e:.r E~ Grant award (C-6050)as approved by the Palm Beach County Division of Emergency Medical Services. .. :!!~ (:) C"')> en I'T1 EXPLANATION: Commission approval in the form ofa resolution is necessary to obtain grant funds awarded to t~ Fire Rescue Dept. for the purchase of a pickup truck ($28,680.33) for use by our Ocean Rescue personnel. This equipment will allow our Ocean Rescue personnel to quickly respond to medical emergencies that occur along the wide expanse of beach front property to which they provide coverage. Carrying equipment by hand over large tracks of sand cause response delays that could negatively affect the patient's medical outcome. Additional funding was also awarded for our continued CERT team training activities ($12,525.00). See attached award letter. Consent Agenda Code Compliance & Legal Settlements Public Hearing Legal Unfmished Business PROGRAM IMPACT: The acquisition of this vehicle will dramatically reduce the response times from injury/illness to patient access. Rapid response times are also critical to the successful resuscitation of any drowning victim. Given the vast expanse of coverage to which our Ocean Rescue personnel respond, having a motorized means to transport personnel and equipment becomes critical. The funding of our CERT team program will insure the continued growth and expansion ofthe program as we prepare our city for the possibility of a major hurricane or other similar disaster. FISCAL IMPACT: None. Funding for both these programs is 100% AL TERNA TIVES: Not accept the grant award and either fund the purchase of the pickup truck and CERT team training through City Funds or cancel the purchase of the vehicle and future CERT training programs. Depmtment Head', S;gnatm. ~, S;gnat..-. Fire Rescue Department Assistant to City Manager ~ Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC City Attorney / Finance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. R 07- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICE GRANT PROVIDING FOR THE PURCHASE OF A PICKUP TRUCK FOR USE BY OUR OCEAN RESCUE PERSONNEL AND FOR THE CONTINUED CERT TEAM TRAINING ACTIVITIES; AUTHORIZING AND DIRECTING THE EXECUTION OF THIS GRANT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature has provided for a program that makes funds available to 15 local emergency medical services programs; and 16 WHEREAS, the Palm Beach County Emergency Medical Services Division has made 17 these grant funds available for the purchase of a pickup truck to carry equipment over large 18 tracks of sand and for continued CERT team training activities; and 19 WHEREAS, the City Commission upon recommendation of staff, recognizes that these 20 funds can and will be used to purchase a pickup truck for use by our Ocean Rescue personnel 21 and for continued CERT team training activities, 22 23 24 25 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 26 ratified and confirmed by the City Commission, 27 The City Commission of the City of Boynton Beach hereby authorizes Section 2. 28 and directs the City Manager to accept and execute the Grant, from the Palm Beach County 29 Emergency Medical Services for the purchase of a pickup truck for use by our Ocean Rescue 30 personnel and for the continued CERT team training activities, 31 This Resolution shall become effective immediately upon passage, Section 3, 1 2 PASSED AND ADOPTED this _ day of January, 2007. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor - Jerry Taylor 8 9 10 Vice Mayor - Robert Ensler 11 12 13 Commissioner - Mack McCray 14 15 16 Commissioner - Jose Rodriguez 17 18 19 Commissioner - Carl McKoy 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 27 28 S:\CA\RESO\Agreements\Grants\BBFD - EMS Grant - pick-up and CERT,doc 29 30 Department of Public Safety Division of Emergency Management 20 S, Military Trail West Palm Beach, FL 33415 (561) 712-6400 FAX: (561) 712-6468 www.obcgoy.com . PaJ!D Beach County Board of County Commissioners Addie L. Greene, Chairperson Jeff Koons, Vice Chair Karen T. Marcus Warren H, Newell Mary McCarty Burt Aaronson Jess R, Santamaria County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" December 19, 2006 06-DIR-074-L Deputy Fire Chief James Ness Boynton Beach Fire Rescue Dept. 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Deputy Chief Ness: EMS Grant C6050 The EMS Grant Review Committee has recommended your agency receive two Grant Awards: One for $28,680.33, the other for $12,525.00 from the EMS Grant A ward Program; please see attached which covers the items and work schedule for your EMS Grant Awards. The EMS Grant package is being presented to the Board of County Commissioners at their February 6, 2007 meeting. Once it is approved by the Board, it will be forwarded to the State EMS Office for their execution. In the meantime, please provide us with a letter of confirmation from your agency's administrator concurring with the amount of the award, activity and expenditure plans, and assurance that your agency will comply with state and county grant requirements, including reporting. If you have not submitted a Resolution from your Governing Board, kindly proceed to obtain same prior to making the purchase certifying that monies from the Grant Award will: 1) Improve and expand prehospital services in that coverage area; 2) Not be used to supplant existing provider's budget allocation; 3) Meets the goals and objectives ofthe EMS County Grant Plan. Thank you for your cooperation. Charles E. Tear, Director Division of Emergency Management Ene. ATTACHMENT 2 BOYNTON BEACH FIRE RESCUE DEPARTMENT Work Plan: Work Activities: Time Frames: To p!lrchase a__4-Wheel Drive Ford F-250 PickuIiTfiick-aild Trailer which will aUow Ocean Lifeguards to respond with the AU Terrain Ambulance (ATA) to other jurisdictions, beachfronB to asliist with patient transport via mutual aid, undeveloped areas within the City of Boynton Beach to assist with patient transport and respond in conjunction with the BBFR Dept. and their applicable mutual aid agreements. To respond quickly to those in need of medical attention at the City of Boynton Beach's Oceanfront Park, a 12 acre site consisting of a picnic area, concession area, restrooms, boardwalk, open area playground, sand voUeyball and beach which is approximately 965 feet in length. Obtain quote including 4WD truck & trailer 1 It Quarter Obtain purchase order 1 It Quarter Receipt of truck and trailer 2Dd Quarter Training and Implementation 2Dd Quarter Proposed Expenditure Plan: Line Item Unit Price Ouantitv Total Cost F-250 4WD PIU Truck (State Bid) $17,377.00 1 $17,377.00 2,390.00 Extended Cab (State Bid) 2,390.00 Spray-on bed liner: (State Bid) 490.00 490.00 AU Terrain Tires (State Bid) 125.00 125.00 Wrap-around grill guard: (State Bid) 690.00 690.00 8000 lb. Winch (State Bid) 1,200.00 1,200.00 Headlight Flasher: (Whelan UHF 2150, State Bid) 146.00 146.00 Grill Lights: (Whelan State Bid) 360.00 360.00 Comer Strobe Kit: (Whelan State Bid) 490.00 490.00 Tow Package (State Bid) 435.00 435.00 Radio: (Motorola XTL-1500 Dash Mount Mobil) 2,096.40 2,096.40 Trailer: (AU Pro Trailer 22-Ft.) 2,138.93 2,138.93 "TracRac" Sliding Rack System 742.00 742.00 TOTAL $28,680.33 ATTACHMENT 2 BOYNTON BEACH FIRE RESCUE DEPARTMENT Work Plan: Work Activities: Time Frames: To expand Boynton Bea~h Eire Rescue Department's CERT Program by continuation of trafuing classes. The frequency and nature of the hurricanes experienced during the previous two years has validated the need for these types of programs to provide emergency medical response to greater numbers of citizens than the public safety system can provide post disaster. The Boynton Beach CERT teams are an integral part of the City's hurricane emergency response plan. Publish notices inviting the public to participate in the CERT training program. One month from grant award Prepare lesson plans and instructor scheduling Two months from Grant award Begin first CERT class Three months from Grant award CERT class graduation 7 weeks from beginning of Class Second CERT class to follow above sequence Approx. 2 months after First class ends Third CERT class to follow above sequence Approx. 2 months after 2oc1 class ends Proposed Expenditure Plan: Line Item Unit Price Quantitv Total Cost Personal safety equipment: includes Goggles, flashlight, batteries, helmet, Gloves, vest, In shirt, wrench, pliers, Gear bag, marking pencil, ID badge, Medical supplies, etc., 75 persons Per grant year each 75 $5,625.00 Instructor expenses - based on $25 per hour contract rate. 2 instructors at 4 hrs. each per class (8 hrs) x 24 classes or 192 hours Total (3 classes x 8 sessions x 4 hrs. each x 2 instructors = 192 $25/hr. 192 hrs. 4,800.00 Instructors for 3 disaster drills, One drill per class. 7 instructors per drill (4 hrs. per Drill ($100 per instructor) x 7 Instructors x 3 drills $700 drill 3 2,100.00 TOTAL $12,525.00 CJr y VI.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORMUiI JAI'i-(.. An ji .lit Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20,2006 (Noon.) 0 February 20, 2007 February 5, 2007 (Noon) 0 January 2, 2007 December 18,2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) ~ January) 6, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 6, 2007 January 16,2007 (Noon) 0 April 3, 2007 March 19,2007 (Noon) n O-i =t-< -<0 0'" 'CD rr10 ;0-< :Xz :z=- . -i -- (/)0 '-0% \0 .".- .. ~j:;1 W (")~ N fT1 (") RECOMMENDATION: Approve Resolution # R07-_ urging members of the Florida Legislature to support certain ::2: issues during the 2007 legislative session that are of great concern to municipalities. NATURE OF AGENDA ITEM o o ~ o o Administrative o o o o o o en City Manager's Report 0 rr1 New Business ("") W W AnnouncementslPresentations Consent Agenda Code Compliance & Legal Settlements Public Hearing Legal Unfinished Business EXPLANATION: The Florida League of Cities Board of Directors has adopted an initiative to enhance the Legislature's awareness of the League's priority issues. This plan calls on each of Florida's 413 cities to adopt a resolution that supports the League's key priority issues. These key issues were adopted by the League membership at the recent Legislative Conference and address Charter County Relations, Affordable Housing and Property Tax Reform. Through the adoption of this resolution, the City of Boynton Beach will be urging Gov. Charlie Crist and members of the Florida Legislature to support legislation during the 2007 legislative session that: . Restores and maintains municipal Home-Rule authority for municipalities located within charter counties.~ ' . Supports a tax structure that is fair and equitable, and is competitively neutral and allows municipalities the flexibility to provide adequate services in their communities. . Preserves the dedicated documentary stamp fees as a funding source for the State and Local Government Housing Trust Fund (Sadowski Trust Fund), eliminates the cap placed on fund distribution, and prohibits any of these trust fund dollars from being diverted to the General Revenue Fund. . Provides a comprehensive and uniform workers' compensation system for all municipal employees, regardless of employee classification, at a reasonable cost to employers. · Provides a dedicated and recurring source of revenue, including municipal local-option fuel taxes, rental-car surcharges, or other taxes or fees, for municipalities to fund transportation projects such as TRIP, urban arterial and other projects. Furthermore, the existing distribution formula for local-option transportation taxes imposed by a county should be revised to allow for a more equitable distribution to municipalities and provides for indexing of local-option fuel taxes. · Requires legislative authorization prior to the Florida Department of Transportation removing or delaying any project that is contained in the FDOT Five-Year Work Plan. . Preserves municipal authority to franchise cable and video services, PROGRAM IMPACT: Support of these legislative issues by Gov. Charlie Crist and members of the Florida Senate and House of Representatives would be of future benefit to the City of Boynton Beach, S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: N/A AL TERNA TIVES: Not to adopt the resolution in support of the Florida League of Cities key legislative issues of 2007, ~C'M ' S" lty anager sIgnature ~/~ Dep~ead's Signature Assistant to City Manager ~ (ltr-~<<5 ()ki~ D partment Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 15 and 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, URGING 5 MEMBERS OF THE FLORIDA LEGISLATURE TO 6 SUPPORT THE FOLLOWING ISSUES DURING THE 7 2007 LEGISLATIVE SESSION. 8 9 10 11 WHEREAS, municipal self-determination and local self-government are constantly 12 under attack from a variety of public and private interests; and 13 WHEREAS, numerous counties have recently proposed revisions to their charters 14 that would adversely impact the Home-Rule powers of municipalities within those counties; 1 WHEREAS, a majority of Florida's municipalities have experienced negative 1 impacts to infrastructure, housing stock and employment base from a series of natural 1 disasters; higher than expected increases in the cost of building products; double-digit 1 increases in the cost of property insurance; and inequities in the existing property-tax system; and WHEREAS, Florida's continuing population increase has presented a challenge to cities struggling to meet the infrastructure needs required to accommodate new growth and development without an infrastructure revenue source dedicated to municipalities; and WHEREAS, various proposed revisions to the property-tax system would have substantial adverse impacts for all municipalities in Florida should they be adopted; and WHEREAS, Florida's municipalities are dependent on other governmental entities for financial stability and under the current system the state, counties, and school districts, control all funding sources authorized for implementing capital improvements and 2 complying with concurrency requirements; and 3 WHEREAS, Gov, Charlie Crist and Florida's House and Senate leaders have an 4 opportunity to address the unique concerns of municipalities during the upcoming 2007 5 legislative session, 6 7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 8 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 9 10 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 11 being true and correct and are hereby made a specific part of this Resolution upon adoption 12 hereof. 13 Section 2. That the City of Boynton Beach urges Governor Charlie Crist and 14 members of the Florida Legislature to support legislation during the 2007 legislative session 15 that: 16 . Restores and maintains municipal Home-Rule authority for municipalities located 17 within charter counties; 18 . Supports a tax structure that is fair and equitable, and is competitively neutral and 19 allows municipalities the flexibility to provide adequate services in their 20 communities. 21 . Preserves the dedicated documentary stamp fees as a funding source for the State and 22 Local Government Housing Trust Fund (Sadowski Trust Fund), eliminates the cap 23 placed on fund distribution, and prohibits any of these trust fund dollars from being 24 diverted to the General Revenue Fund. 25 . Provides a comprehensive and uniform workers' compensation system for all 26 municipal employees, regardless of employee classification, at a reasonable cost to 27 employers. 28 . Provides a dedicated and recurring source of revenue, including municipal local- 29 option fuel taxes, rental-car surcharges, or other taxes or fees, for municipalities to 30 fund transportation projects such as TRIP, urban arterial and other projects. 31 Furthermore, the existing distribution formula for local-option transportation taxes 32 imposed by a county should be revised to allow for a more equitable distribution to 33 municipalities and provides for indexing of local-option fuel taxes. 1 · Requires legislative authorization prior to the Florida Department of Transportation 2 removing or delaying any project that is contained in the FDOT Five-Year Work 3 Plan, 4 · Preserves municipal authority to franchise cable and video services. 5 6 7 Section 3. That a copy of this resolution shall be provided to Gov. Charlie Crist, 8 Senate President Ken Pruitt, House of Representatives Speaker Marco Rubio and members 9 of the Florida Legislature. 10 PASSED AND ADOPTED by the City of Boynton Beach, this _ Day of 11 January, 2007. 12 13 14 CITY OF BOYNTON BEACH, FLORIDA 15 16 17 18 Mayor - Jerry Taylor 19 20 21 22 Vice Mayor - Robert Ens1er 23 24 25 26 Commissioner - Mack McCray 27 28 29 30 Commissioner - Jose Rodriguez 31 32 33 34 Commissioner - Carl McKoy 35 ATTEST: 36 37 38 39 City Clerk 40 41 (Corporate Seal) 42 / !6jrLc~---';i:, 7r'--.\\f!f~~.:,';:-! I if-[l ! DEe 2 7 2006 I L.,. To: Members of Florida League of Cities, Inc. L~'~,-" FLORIDA LEAGUE OF CITIES;-fNC~' v( \J3 \ ~Jqio h Q.c. ( bW<<) C\'r CJI"C'",.s..~''''' ~-tb ~use- &- (~~) ~ )J,},1- q MEMORANDUM From: John Charles Thomas, Director Legislative & Public Affairs Date: December 21,2006 Re: Request for Resolution The FLC Board of Directors has adopted an initiative to enhance the Legislature's awareness of the League's priority issues. This plan calls on each of Florida's 413 cities to adopt a resolution that supports the League's key priority issues. These key issues were adopted by the League membership at the recent Legislative Conference and address Charter County Relations, Affordable Housing and Property Tax Reform, Enclosed is a draft resolution that we are asking your city to adopt at the next available council/commission meeting. We would then like you to send copies of that resolution to Governor-Elect Charlie Crist, Senate President Ken Pruitt, Speaker of the House Marco Rubio, your House and Senate members and a copy to the Florida League of Cities no later than Friday, February 23, 2007. Also enclosed, is a list of addresses for the Governor, Senate President; Speaker of the House and a House and Senate directory with addresses for your legislators. A Microsoft Word version of this resolution can be on the League's website under Legislative/Advocacy at: www.flcities.com. Should you have any questions or require additional information, please contact Jenny Anderson at the Florida League of Cities at (800) 342-8112. Thank you for your assistance, Enclosures 301 South Bronough Street, Suite 300 . P.O. Box 1757 . Tallahassee, FL 32302-1757 (850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.flcities,com Please send a copy of your City's resolution to the following no later than Friday, February 23, 2007 The Honorable Charlie Crist Governor-Elect, State of Florida Plaza Level 05, The Capitol 400 South Monroe Street Tallahassee, Florida. 32399-0001 Phone: (850) 488-4441 Fax: (850) 487-0801 The Honorable Ken Pruitt President of the Senate Suite 409, The Capitol 404 South Monroe Street Tallahassee, Florida 32399-1100 Phone: (850) 487-5229 Fax: (850) 487-5844 The Honorable Marco Rubio Speaker of the House of Representatives Suite 420, The Capitol 402 South Monroe Street Tallahassee, Florida 32399-1300 Phone: (850) 488-1450 Fax: (850) 487-1456 Your House and Senate Members See attached directories for mailing information Rikkia Reliford, Assistant to the Legislative Director Florida League' of Cities, Inc. Post Office Box 1757 Tallahassee, Florida 32302-1757 Phone: (800) 342-8112, extension 253 Fax: (850) 222-3806 DRAFT RESOLUTION FOR FLC LEGISLATIVE PRIORITIES A RESOLUTION OF THE CITY OF , URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2007 LEGISLATIVE SESSION. WHEREAS, municipal self-determination and local self-government are constantly under attack from a variety of public and private interests; and WHEREAS, numerous counties have recently proposed revisions to their charters that would adversely impact the Home-Rule powers of municipalities within those counties; and WHEREAS, a majority of Florida's municipalities have experienced negative impacts to infrastructure, housing stock and employment base from a series of natural disasters; higher than expected increases in the cost of building products; double-digit increases in the cost of property insurance; and inequities in the existing property-tax system; and WHEREAS, Florida's continuing population increase has presented a challenge to cities struggling to meet the infrastructure needs required to accommodate new growth and development without an infrastructure revenue source dedicated to municipalities; and WHEREAS, various proposed revisions to the property-tax system would have substantial adverse impacts for all municipalities in Florida should they be adopted; and WHEREAS, Florida's municipalities are dependent on other governmental entities for financial stability and under the current system the state, counties, and school districts, control all funding sources authorized for implementing capital improvements and complying with concurrency requirements; and WHEREAS, Gov. Charlie Crist and Florida's House and Senate leaders have an opportunity to address the unique concerns of municipalities during the upcoming 2007 legislative session. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF Section 1. That the City of urges Gov. Charlie Crist and members of the Florida Legislature to support legislation during the 2007 legislative session that: · Restores and maintains municipal Home-Rule authority for municipalities located within charter counties; · Supports a tax structure that is fair and equitable, and is competitively neutral and allows municipalities the flexibility to provide adequate services in their communities. · Preserves the dedicated documentary stamp fees as a funding source for the State and Local Government Housing Trust Fund (Sadowski Trust Fund), eliminates the cap placed on fund distribution, and prohibits any of these trust fund dollars from being diverted to the General Revenue Fund. · Provides a comprehensive and uniform workers' compensation system for all municipal employees, regardless of employee classification, at a reasonable cost to employers. · Provides a dedicated and recurring source of revenue, including municipal local-option fuel taxes, rental-car surcharges, or other taxes or fees, for municipalities to fund transportation projects such as TRIP, urban arterial and other projects. Furthermore, the existing distribution formula for local-option transportation taxes imposed by a county should be revised to allow for a more equitable distribution to municipalities and provides' for indexing of local-option fuel taxes. · Requires legislative authorization prior to the Florida Department of Transportation removing or delaying any project that is contained in the FDOT Five-Year Work Plan. · Preserves municipal authority to franchise cable and video services. Section 2. That a copy of this resolution shall be provided to Gov. Charlie Crist, Senate President Ken Pruitt, House of Representatives Speaker Marco Rubio and members of the Florida Legislature. PASSED AND ADOPTED by the City of 2007. , this _ th Day of .~ r." . .'f'. .:l,'..,.,.... ....'.. .. \ ~ VI.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5,2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) 0 March 5,2007 February 12,2007 (Noon) [8J January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5,2007 (Noon) 0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: The approval of Resolution 07-_, an Interlocal Agreement with Community Redevelopment Agency (CRA) to provide Human Resources related services. EXPLANATION: The City of Boynton Beach currently has an Interlocal Agreement with the CRA per Resolution R06-059 approved on February 28, 2006, to permit the Boynton Beach CRA to utilize the City's Benefit Plans for coverage's that are afforded to employees of the City through negotiated agreements with Plan Provides. In addition, the purpose of this Interlocal Agreement is to provide the CRA with Human Resources services including participation in the annual enrollment for medical and related insurance policies, participation in New Hire Orientation for benefits; participation in the City's Wellness Fair; access to City Human Resources Staff for Human Resources questions; assistance with recruitment, assistance with Records Management and also assistance with Special Projects PROGRAM IMPACT: The CRA agrees to pay Five Hundred Dollars ($500) per month for services, The CRA further agrees that it will pay One Hundred Fifty Dollars ($150) per hour for special projects, FISCAL IMPACT: Additional revenue for the City of $6,000 annually plus $150 per hour for special projects. ALTERNATIVES: Not approve the Interlocal Agreement with the CRA, therefore, Human Resources will not provide the above listed services. Assistant to City Manager ~ Human Resources Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 2 RESOLUTION NO. R07- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 INTERLOCAL AGREEMENT BETWEEN THE CITY OF 8 BOYNTON BEACH AND THE BOYNTON BEACH 9 COMMUNITY REDEVELOPMENT AGENCY TO 10 PROVIDE HUMAN RESOURCES RELATED SERVICES 11 TO THE CRA; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 15 WHEREAS, the Interlocal Agreement permits the Boynton Beach Community 16 Redevelopment Agency (CRA) to utilize the City's Human Resource servIces including 17 participation ion the annual enrollment for medical and related insurance policies, 18 participating III New Hire Orientation for benefits, assistance with recruitment, records 19 management as well as access to City Human Resources staff for Human Resources 20 questions; and 21 WHEREAS, the City Commission of the City of Boynton Beach, upon 22 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 23 City of Boynton Beach to approve the Agreement between the City of Boynton Beach and 24 Boynton Beach Community Redevelopment Agency permitting the CRA to utilize the City's 25 Human Resources Department for Human Resource related services. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. Each Whereas clause set forth above IS true and correct and 29 incorporated herein by this reference. 30 Section 2, The City Commission of the City of Boynton Beach, Florida does S:ICA \RESO\AgreementsllnterlocalsIILA with CRA (HR Services),doc hereby approve the Agreement between the City of Boynton Beach and the Boynton Beach 2 Community Redevelopment Agency permitting the Boynton Beach Community 3 Redevelopment Agency to utilize the City's Human Resources department for Human 4 Resource related services, a copy of said Agreement is attached hereto as Exhibit "A". 5 Section 3. That this Resolution shall become effective immediately upon passage. 6 PASSED AND ADOPTED this _ day of January, 2007, 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 City Clerk 28 29 30 (Corporate Seal) 31 32 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner - Carl McKoy S:\CA \RESO\Agreements\InterlocaIs\ILA with CRA (HR Services).doc INTERLOCAL AGREEMENT BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF BOYNTON BEACH FOR HUMAN RESOURCE SERVICES THIS AGREEMENT is made and entered into this _ day of , 2006, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") and the CITY OF BOYNTON BEACH ("CITY") (collectively referred to as "the parties"), WITNESSETH WHEREAS, the CRA is a public Agency created pursuant to Florida Statutes Chapter 163, Part III and has as its purpose the redevelopment of portions of the City of Boynton Beach located within its geographically designated redevelopment area; and WHEREAS, the City is a Florida municipal corporation; and WHEREAS, the parties hereto desire to enter into an Interlocal Agreement in order for the CITY to provide Human Resource Services to the CRA, NOW THEREFORE, in consideration of the mutual covenants and promises herein contained the parties hereby agree as follows: }, Term. The term of this Agreement shall be on a fiscal year basis commencing on and ending on September 30, 2007, with automatic renewals each year unless otherwise terminated in writing by the parties at least 30 days before the termination date. 2, Scope. (a) Access to Services: Participation in the annual enrollment for medical and related insurance policies; Participation in bi-monthly New Hire Benefit Orientation meetings; Participation in the City's Wellness Fair; Access to CITY consultants for customer service regarding benefit plans and customer service issues; Access to Benefit Administrator for questions and consultation, (b) Recruitment: Clerical skills testing; Advertising to fill vacant positions; (utilization of Bayard Advertising for reduced rates); Collection and review of applications for completeness; Conduct criminal background screening with third party vendor. Costs associated with advertising and background screening will be paid for by the CRA. (c) Records Manager: Personnel file management as requested by the CRA. (d) Other: Access to Human Resources staff bye-mail, phone, or scheduled appointment for day to day Human Resources related questions; Access to City Policies and interpretation; Access to City's Human Resources Director or other appropriate personnel regarding applicable human resources-related legal requirements and compliance with such requirements. The Human Resources staff does not provide legal OpInIOns. (e) Special Projects: Specific Consulting Services (other than the consulting services described in (a), (b), (c), and (d) above); Exit Interviews; Reclassification Analysis; Human Resources Investigations. The CITY will be responsible for providing the following Organizational Development Service to the CRA: (f) Training: Boynton Beach Learning Center class participation; Computer Training; and On-Line Class participation. 4. Cost. The CRA agrees that it will pay FIVE HUNDRED DOLLARS ($500.00) per month for the services listed in (a), (b), (c), and (d) above. The CRA further agrees that it will pay ONE HUNDRED FIFTY DOLLARS ($150.00) per hour for the services listed in (e) above. The services listed in (f) above shall be paid by the CRA at a rate of FIFTY DOLLARS ($50.00) per class per student. 5. Office Location. The City's Human Resources Department is located at City of Boynton Beach City Hall 100 E Boynton Beach Blvd. Boynton Beach, FL 33425 (561) 742-6275 6. Applicabilitv of Sunshine Law. The parties hereto agree that the conduct of the affairs of the Human Resources Department shall be in accordance with Chapter 286.011, Florida Statutes, governing the Sunshine Law and that the records of the Human Resources Department shall be deemed Public Records pursuant to Chapter 119, Florida Statutes, and administered accordingly. 7. Governint! Law. This Agreement shall be governed by and construed In accordance with the laws of the State of Florida. 8. 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 2 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. 9, Entire Ae:reement. 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 11 below. 10. Modification of Ae:reement, This Agreement may be modified upon mutual consent of the parties only in writing. 11. Bindine: 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. 12, Disputes. In the event of any dispute arising among the parties with respect to the interpretation of the respective rights or obligations provided for by this Agreement, the same shall be resolved by mediation with such mediation to be conducted between the City Attorney and the CRA Attorney. If mediation is unsuccessful, 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 thereof. 13, 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 of on of the parties. 14, Notices. Any and all notices required or permitted to be delivered pursuant to the terms of this Agreement shall be effective upon receipt, but in any event no later than three (3) business days after posting by U. S, Mail, certified or registered, postage prepaid or one (1) business day after deliver to an expedited courier service such as Federal Express to the addresses listed below. Any of the parties described herein may change their address by giving notice to all other parties set forth in this subsection. If the CITY: City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Attn.: Kurt Bressner, City Manager With Copy to: James A, Cherof, City Attorney 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 3 lfthe CRA: Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, Florida 33435 Attn.: Lisa A. Bright, Executive Director With Copy to: Kenneth G. Spillias, Esquire Lewis, Longman & Walker, P .A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 15. the parties. Effective Date. This Agreement shall become effective on the date last signed by COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF BOYNTON BEACH By: Chairman Date: Attested by: Lisa Bright, Executive Director CITY OF BOYNTON BEACH By: Mayor Date: Attested by: Kurt Bresner, City Manager I:\Client Documents\Boynton Beach CRA\2419-000\Agreements\Final Human Resources ILA (2),doc 4 [\1'Y ?'" / " I \ j \ll I :r O~>-AO 'ON \.? VI.-CONSENT AGENDA ITEM C.S CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20,2006 (Noon,) 0 0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) ~ January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5,2007 (Noon) 0 February 13, 2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve Resolution # 07-_ supporting and endorsing the principles of Home Rule and adopting policies to support the premise that the City should have the authority to govern within its jurisdiction, and further providing that such authority should not be eroded, EXPLAN A TION: Chapter 166 of the Florida Statutes provides a broad grant of authority to all municipalities to enable them to exercise any power for municipal purposes, except when expressly prohibited by law, Section 2(b), Article VIII of the Florida State Constitution gives the legislative body of each municipality the power to enact legislation concerning any subject matter upon which the state legislature may act except for those subjects specifically listed at Section] 66,02] (3 )(a)- (d), Municipalities represent the form of government which is closest to the people and therefore many people expressly choose to live within municipalities in order that their ideas may be heard on a more personal basis, This Resolution supports the preservation of this unique responsive form of government. The Palm Beach County League of Cities, Jnc has adopted a similar resolution on November 22, 2006 (see attached). PROGRAM IMPACT: This Resolution endorses the belief that when issues are in conflict between Palm Beach County and a municipality or several municipalities, such conflict should be resolved by: A, Approval by the governing body of the municipality or municipalities affected; or B. Approval by a majority of the electors within the County and majority of the electors within the affected municipality or municipalities, This Resolution shall be forwarded to the Board of County Commissioners, the Palm Beach County Administrator and the State Senators and Representatives elected from the jurisdiction of Palm Beach County and to any other interested parties, FISCAL IMPACT: N/A AL TERNA TIVES: Not to approve the Resolution, ~F' City Manager's Signature Assistant to City Manager ~ City Manager's Office Department Name S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC City Attorney / Finance I RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, SUPPORTING AND ENDORSING THE 5 PRINCIPLES OF HOME RULE AND ADOPTING THE POLICIES 6 SET FORTH BELOW TO SUPPORT THE PREMISE THAT THE 7 CITY SHOULD HAVE THE AUTHORITY TO GOVERN WITHIN 8 ITS JURISDICTION; FURTHER PROVIDING THAT SUCH 9 AUTHORITY SHOULD NOT BE ERODED; PROVIDING AN 10 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 11 12 13 WHEREAS, Chapter 166, Florida Statutes, entitled "Municipalities" and known as the 14 "Municipal Home Rule Powers Act" provides a broad grant of authority to all municipalities to 15 enable them to exercise any power for municipal purposes, except when expressly prohibited by 16 law; and 17 WHEREAS, Section 2(b), Article vm, State Constitution, protects the rights of 18 municipal government by means of language which reads as follows: 19 Municipalities shall have the governmental, corporate, and 20 proprietary powers to enable them to conduct municipal 21 government, perform municipal functions and render municipal 22 services, and may exercise any power for municipal purposes, 23 except as otherwise provided by law; and 24 25 WHEREAS, the legislature recognizes that, pursuant to the grant of power set forth in 26 Section 2(b), Article vm, State Constitution, the legislative body of each municipality has the 27 power to enact legislation concerning any subject matter upon which the state legislature may act 28 except for those subjects specifically listed at Section 166.021 (3)(a)-(d); and 29 WHEREAS, municipalities are voluntary forms of government and would not exist if 30 communities had not organized and held special elections in order to create the local form of 31 government; and Page 1 of3 :\CA\RESO\Sample Home Rule,06,doc 1 WHEREAS, Residents in a community decide to incorporate in order to govern 2 themselves and to gain a greater degree of control over issues that impact their quality oflife and 3 property interests directly; and 4 WHEREAS, municipalities represent the form of government which is closest to the 5 people and therefore many people expressly choose to live within municipalities in order that their 6 ideas may be heard on a more personal basis; and 7 WHEREAS, a similar resolution was adopted by the Palm Beach County League of 8 Cities, Inc. on November 22, 2006; and 9 WHEREAS, the City of Boynton Beach desires to preserve this unique responsive form 10 of government, wishes to support the Palm Beach County League of Cities, Inc, and believes it to 11 be in the best interests of its citizens to adopt this Resolution formally stating its position. 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 13 CITY OF BOYNTON BEACH AS FOLLOWS: 14 Section 1: The City of Boynton Beach believes that when issues are in conflict 15 between Palm Beach County and a municipality or several municipalities, such conflict should be 16 resolved by the following: 17 18 19 20 21 A. Approval by the governing body of the municipality or municipalities affected; or Approval by a majority ofthe electors within the County and a majority of the electors within the affected municipality or municipalities. The above stated policy is hereby adopted by the City Commission of the B. Section 2: 22 City of Boynton Beach. Page 2 of3 S:\CA \RESO\Sample Home Rule-06,doc 1 Section 3: This Resolution shall be forwarded to the Board of County Commissioners, 2 the Palm Beach County Administrator, the Palm Beach County League of Cities, Inc. and the 3 State Senators and Representatives elected from the jurisdiction of the City of Boynton Beach. 4 Section 4: This Resolution shall take effect immediately upon passage. 5 6 PASSED AND ADOPTED this 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTEST: 26 27 28 City Clerk 29 30 (Corporate Seal) 31 32 day of ,2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner - Carl McKoy Page 3 of3 S:\CA IRESOISample Home Rule-06,doc r17" ~ VI.-CONSENT AGENDA ITEM D., 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 December 5, 2006 November 20,2006 (Noon.) D D January 2, 2007 Decernberl8,2006 (Noon) D ~ January 16,2007 January 2, 2007 (Noon) D D February 6, 2007 January 16,2007 (Noon) D Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office February 20, 2007 February 5, 2007 (Noon) March 6, 2007 February 20, 2007 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 w n n=i =-=i-< -<0 n'-F1 'en MO 0"- :."U-< ~z (I) -i 0.0 .."Z '-F1CO -", C")> 1"'1(") :z: March 20, 2007 o March 5, 2007 (Noon) CT\ ~ March 19,2007 (Noon) ("") N CD " :x .r:- .. April 3, 2007 RECOMMENDATION: Motion to approve payment in the amount of $100,085 for annual software technical support & maintenance from Sungard, H.T.E, Inc. for the period of January 1, 2007 through December 31, 2007, from I.T.S. Account #001-1510-513-46-91 (Software Maintenance). EXPLANATION: Maintenance fees provide: + Seven (7) days a week, 24 hours software technical support for HTE modules used by departments citywide. + Version upgrades of all software products, when available, at no additional cost. + Program Temporary Fix (PTF) patches for software problems, when available, at no additional cost. PROGRAM IMP ACT: + Part of the City's I.T.S. plan is vendor supported "common off the shelf' products to reduce total cost of ownership. + In-house staff is insufficient in size or available experience to maintain and support these products in-house. FISCAL IMPACT: (Include Account Number where funds will come from.) + Sufficient funds ($123,250) were approved in the I.T.s. FY 2006-07 budget under the Software Maintenance Account (001-1510-513-46-91 ). + This covers citywide departmental HTE products at an average ofless than $5700 each. This very reasonable pricing for market specific products of this type. + The city's initial investment of$530,000 in 1997 would be lost if this is not funded and an additional $1.3 Million dollars would be necessary to replace the current enterprise applications. + Maintenance of these products is essential in obtaining city revenues, i.e., utility billing, permitting, occupational licensing, etc., + Last year's expenditure for this maintenance was $118,250. This year's cost is 15% less due to our recent migration to NaviLine. ALTERNATIVES: + These maintenance services are only available from the original software vendor, + Lose initial investment of$530,000 and not have the ability to access data or generate revenue. S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ITS, Department S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC ~ ~ ~ " SUNGARD@ INVOICE Company 100 Invoice No 869055 Date 30/Nov/2006 Page 10f3 HTE INC. 1000 Business Center Dr. Lake Mary, Florida 32746 407-304-3235 www,hteinc.com Bill To: City of Boynton Beach-RISC 100 East Boynton Beach BOYNTON BEACH FL 33435 United States Attn:Vicki Domieden (AlP) 561-743-6317 Ship To: City of Boynton Beach-RISC 100 East Boynton Beach BOYNTON BEACH FL 33435 United States Attn: Vicki Domieden (AlP) 561-743-6317 SUNGARD@ INVOICE Company 100 Invoice No 869055 Date 30/Nov/2006 Page 20f3 HTE I Ne. 1000 Business Center Dr. Lake Mary, Florida 32746 407,304-3235 ~'W.htcinc.com Bill To: City of Boynton Beach-RISC 100 East Boynton Beach BOYNTON BEACH FL 33435 United States Attn:Vicki Dornieden (AlP) 561-743-6317 Ship To: City of Boynton Beach-RISC 100 East Boynton Beach BOYNTON BEACH FL 33435 United States Attn: Vicki Dornieden (AlP) 561-743-6317 INVOICE SUNGARD@ HTE INC. Company 100 Invoice No 869055 Date 30/Nov/2006 Page 30f3 1000 Business Center Dr. Lake Mary, Florida 32746 407'304-3235 www,hteinc.com Bill To: City of Boynton Beach-RISC 100 East Boynton Beach BOYNTON BEACH FL 33435 United States Attn:Vicki Domieden (AlP) 561-743-6317 Ship To: City of Boynton Beach-RISC 100 East Boynton Beach BOYNTON BEACH FL 33435 United States Attn: Vicki Domieden (AlP) 561-743-6317 SUNGARD@ July 24, 2007 ;y 0* \ HTE Public Sector Solutions. www.sungard.com/hte . 800-727 -8088 to/l free' 407-304,3235 tel Vicki Dornieden (AlP) City of Boynton Beach-RiSe 100 East Boynton Beach Boynton Beach, FL 33435 Attention: Vicki Dornieden: As a result of your recent NaviLine Migration your New NaviLine Maintenance pricing will take effect the month following the execution of your migration agreement. You are entitled to a prorated credit effective, July 1, 2006 extending through the end of your current maintenance term. The credit available to you is $8,190.00. Please contact Stephanie Davis ext 3831 or myself ext 3011 to discuss how you would like this amount applied. Ifwe do not receive any direction from you, wewill automatically apply this credit to your.next annual maintenance invoice as a prepayment. Sincerely, ~~~/ Stephanie Nunez D Maintenance Supervisor 1000 Business Center Drive. Lake Mary, FL 32746 SUNGARD~ INVOICE Company 100 Invoice No 869056 Date 30/Nov/2006 Page 1 of 1 HTE INC. 1000 Business Center Dr. Lake Mary, Florida 32746 407-304-3235 www,hteinc.com Bill To: City of Boynton Beach-CISC 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach FL 33435 United States Attn: ITS Ship To: City of Boynton Beach-RISC 100 East Boynton Beach BOYNTON BEACH FL 33435 United States Attn: Vicki Domieden (AlP) 561-743-6317 r?( \ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20, 2006 (Noon,) 0 February 20, 2007 February 5, 2007 (Noon) 0 January 2, 2007 December 18, 2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) ~ January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 6, 2007 January 16,2007 (Noon) 0 April 3,2007 March 19,2007 (Noon) 0 PurnolUlcennentsfPresentations 0 City Manager's Report NATURE OF 0 Adnninistrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unftnished Business 0 Public Hearing 0 RECOMMENDATION: Motion to authorize the issuance ofa purchase order to Carpenter Electric for the supply and installation of "Transfer Switches" at the Civic Center, Art Center, Senior Center, Public Works and City Hall locations. The estinnated expenditure is $303,050.85 with a contingency annolUlt of$45,457.63 for a total expense annolUlt of $348,508.48, EXPLANATION: On JlUle 6th, 2006 the Procurennent Department went out to bid for the supply and installation of Transfer Switches for several City locations. On the deadline for the bid submissions which was July 12th, 2006 the City did not received any bids, On July 30th, 2006 we again sent the information out for bid with a bid opening scheduled for October 31 S\ 2006 and again the City received no responses, At this point the City delivered six (6) sets of plans and speciftcations to various electrical contractors to solicit proposals. After a great deal of follow-up on behalf of the City, we were continuing to have problenns obtaining proposals, Of the six (6) connpanies contacted four (4) sent back signed notices that they could not give us proposals, one (1) ftrm never responded. Carpenter Electric was the only connpany to respond to the City's proposal. PROGRAM IMP ACT: Due to the severity of the last two (2) hurricane seasons, the supply and installation of the Transfer Switches will allow the City facilities to operate via generator power, thus aiding in the continuous operation of public servIces. FISCAL IMPACT: Break down of the individual cost: Contingency $150,157,00 34,672,85 39,419.60 31,491. 70 47.309,70 $303,050,85 45.457.63 (15%) $348,508.48 West Wing & City Hall Civic Center Art Center Public Works Senior Center FlUlds are available in the FY2006/2007 budget as follows: AccolUlt Description AccolUlt Nunnber CIP Building Innprovennents 30241165806201 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DQC Budget $348,508.48 f; .... ~( ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not to install the Transfer Switches and not have power at the City facilities until FPL repairs and 'es'mes pow<< lines. ~ ~8rr~e C,ty anag.,'s Sign e Department Name Procurement Services S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC :'r(( , ~\ r DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 06-039 FROM: Bill Mummert, Director of Fianace L David Kelley, City Engineer P.E./P.S.M. Y;J David Stump, Senior Project Manager @ December 15, 2006 TO: VIA: DATE: RE: Information on Transfer Switches On June 6t\ 2006 the Procurement Department went out to bid for the Transfer Switches for the Art Center, Senior Center, Public Works, Civic Center and City Hall. On July lih, 2006 we went to open the bids and no one responded. On July 30th, 2006 we again sent the information out for bid with a bid opening scheduled for October 31 S\ 2006 and here again, we received no responses. At that time, I sat down with Bill Mummert, Finance Director, and he suggested that we deliver approximately six (6) sets of plans and specifications to various electrical contractors to solicit proposals. This was accomplished. After a great deal of follow- up on behalf of the City, we were continuing to have a tremendous problem in obtaining proposals. Ofthese six (6) companies we contacted, four (4) sent back signed notices that they could not give us a proposal, one (1) firm never bothered to do respond at all, and Carpenter Electric submitted a proposal for the Senior Center, Civic Center, Public Works, and the Art Center. They did not however submit one for the City Hall. This was the end of September or beginning of October. Since these are complicated "transfer switches," I faxed it to our electrical engineer consultant for him to review their proposal. At that time, we informed Carpenter Electric that we still needed the information on the City Hall. They faxed us a proposal on the City Hall at the end of November. I forwarded that information to Gary Goldsmith, the electrical engineer with CH2M-Hill, for him to review. Once I received his comments back in the first week of December, I started preparing the necessary documentation to submit to Finance. Page 2 of2 In summary, we have only one (1) proposal, which breaks out as follows: West Wing and City Hall: Civic Center: Art Center: Public Works: Senior Center: $150,157.00 $ 34,672.85 $ 39,419,60 $ 31,491.70 $ 47,309.70 Sub- Total: $303,050,85 Contingency of 15%: $ 45,457,63 Grand Total: $348,508.48 It is my request as the Senior Project Manager, that the City Commission would approve a Purchase Order with Carpenter Electric in the amount of $303,050,85, plus the Contingency of 15% for the above noted total. I feel it is important to execute this as soon as possible as this equipment will require a tremendous amount of lead time in ordering. Should you have any comments or questions, please feel free to contact me at Ext. 6986 at your convenience. Thank you for your consideration in this matter. Sep.22. 2006 2:11PM ,'c~ ~11.nce o ' CARrAKr~NTER ELECTRIC INCORPORATED No.2446 p. 1 SlMI LlcInN ~ OOO1m FAX COVER SHEET Date : 09122106 To: George Mantell 561-742-6990 Company: CIty of Boynton Beach Tel: Fu: 561-742-6286 From: Jon Kinsley Regarding: Boynton Beach CLvlc, Art, Senior, Public Works Centers ATTACHED YOU WILL FIND 3 PAGES PLUS THIS COVER SHEET REMARKS: Attached Is the proposals for the Civic Center. Art center, Public Works, and the Senior Citizens jobs. We were not able to give you ~ for City Hall because we need to investigate existing conditions. Can yOu please call Mark Freshwater. our field supervisor at 561-248-1904 to set up time he can meet one of)Q.lf reprttMnative8 to bike an look at proposed work at City Hall buDding THANK YOU! Jon KJnsley Estimating Department 1333 W 53rd Street > City of Magnolia Park, FlorIda, 38407 > 561/848-7881 > Fax 561/848-5506 Sep.22. 2006 2:12PM CARPENTER ELECTRIC I'fO 0581 No.2446 Page No. 1 p. 2 of 3 Pages / .... -.- . cqrnmttm;';'iri.. , -. - .~~I~~,l)cO (6) CARPENTER ELECTRIC, INC. s.. I..i~ eo 0001273 1333 W 53RD STREET crrv OF MANGONIA PARK, FLORIDA 33407 561/847881 Fax 501/848.5506 ~ All Oo\'re 581-704,2-6286 09/22106 10 City of Boynton Beech 100 E. Boynton Beach Blvd Boynton Beach, FI33435 . 'Ii CH2M Hili Mantell w. hereby .ubmit.~ and estJmMes for the iMlalldon ofElecfr#cal Devtces as noted on ~ Plan for CIvIc Center PI"" pagu CCA0401 & CCA..f02, Art Center Plan ".. ACE-401 PublIC Worb PlM ". PWS401 and sentorcttIzeM Plan". SCE-401 .J/ dated~. PropoHlls "..ed on pllUlfl/lRed .bow IIIJd .pet;mc.tIon. to the best our our knowlHge, Civic Center 1) Gttnerator Shed 1) Provide and Install GFI duplex ouUel 1 2) Provide and Install single pole (1 Pole) REGULAR switch outJet, 1 3) Provide and install Emergency light outlet and instaJlation of Dual Lite model # CID2-6V/36 fixture. 1 4) ProvIde and install ftuorescent light outlet and installetlon of Columbia model # 4-232-EB8-120 fixture. 2 2) E1e.W1c Room 1) Provide and Install 400 amp Pin and Sleeve Rever96 Service Ralntlght Receptacle (Appleton Powertite 1 model tlAJM0144-400RS) 2) Assemble matching plug assembly with (50) lineal feet of 4-conductor 500 KCMIL type TC cable with ground. 1 2) Provfdeand Install (30) lineal feetalJowance of (4) 500 CU, (1)#1/0 GRD.ln4- EMT second8ry 30 feeder from "new" Reverse Servfce Receptacle to "new" 400 amp Manual T~ Switch. 3) Provide Installation of 400 amp. ~hase Nama1 ASCO Manual Transfer Switch model #386B3400F1XF9CI9D. 1 4) Provide and install (36) lineal feet allowance of (4) 500 CU, (1) #1/0 GRD. In 4" EMT secondary 35 feeder from -new" 400 amp Manual Transfer Switch to "exl8tlng" 400 amp 3-poJe Setvlce Dl5connect. 5) Provide and instell (31) lineal feet alJowaI'lce of (4) 500 CU. (1)#1/0 ORD. In 4" EMT secondary 37 feeder from "new" 400 amp M!lnuel T ~ SwItch toe "existing" 400 amp 3-pole Service Disconnect.. 6) Demo conduit from "emtlng" existing 400 amp disconnect to "existing" A T,8, 15 6) Provide electrical permit fees. 1 Specified E1tt:b'fc./ DI8frlbutlon equipment: Specified Ughting Package: Subtotal Civic Center: $ 34,872.85 \\0 .1l,~~ ot~' ~ ~ pq,.' .' \ I!rt'~' 1~~> 1:\19\1 C~R9t~ltR tltC1R\C f) EJoCCriC""'" ' 1) f'1O'\dB and \nOUiI'" _!'In and _ "...- -"" f\II11\l!Il" ~ ~ ~~ model tNfttAO\44-400RS) 1) ~ ~ plUll.....,.,.o>>t""'" (50)...... {eOl of ~!lIlll KCIAI'- -.-1'C """'" ..!I\1l1l"""'" 1)"'- and """" (46) ""'"' teet ~ of (4)!lIlll CO. (1) 11110 GIlP, In'" a.IT ~ _,",",.""r"...-"""" ~ \O.""r"'''''' .......T..,..ler ~ 3)...-............ of 400 _, W- ,.."..,I\SCO........ 'fI8I"'Ie' ~ ......~1)<f9C19O' 4) f'1O'\dB.... \nOUiI(65)...... """ ___ of (4)'" cu. (1)"'10 GIUl, In'" EMf ~ _'"'"'"""'.......,........ T"'- ~\O ---'.......... 6) P....... and ln$IBI (16) lInOOIlMl--- of (4)'" CO. (1) ",10 GI'll.ln 4' a.IT ~ __..."r 400 8111I> ~T"'-~" ,""" 400 - SIlUI'l Trip _...-. 6)"'-"" """'" 400 _.,.polo -"T"'" - ~ and -' ..-. 1)"'-"" """" (10) ......{eOl--- of (3)111,....tn 1/'l' EMf ~-- sm>nl TIIp _ ~E__" SIlUI'lTIIp puslII>UlIOO ol1\l8--....-. 8)"'- and """" SI'OJOl TtlI> ~ ..... and"""" 9) f'1O'\dB ..., """" 24' )< 14' )< 6" JorodInI' 80> .. ~ c:on<\Oll ClllI11Ir<l'"'"' 'O>dSIlfO IJtilllY _. 10) f'1O'\dB and """" (60).......... ~ of (4)'" CU. (1) 11110 GRD.ln'" EMf ~. _'"'"' ,""" 400 SI'OJOl TIIp""" ~.",-.. ,""" 14' )<14" J( 6" JorodInI' - . 6) pl'Q\'\de electJ\cal permit t..-. -,"'-' ___.. _of__.............. ........"'- specmed eecfric81 DfsftibUfion Equipment: subtotal Art Center: '\ '\ 46 '\ 65 15 '\ 70 '\ '\ eo 1 '\ $ 39,419.60 fJlbllC Work! 1) aeotrlcal room 1)...-...,...... 400 amP PIn and S\eOVO _ - RsIn\IOI1l~ ~".....tIto mode\ #AJMO'\44-1OORS) 1) ___ ~ plUll'-"" ..!1\1(50) ineoI '"'" of ~... KCfMI- -.-1'C ctiN>....lJlOIlI"L42)"'- and...... (20)""" '"'" ~ 01 (4)!lIlll CU. (1)1110 GI'll.ln4' pVC SCH 80 ~ __''''''' _ _......- \O.""r'" 8111I> .......T........~ 3) P....... \nfIIllIls\lalI 01 eoo __ ~ ~R j\SCO ~T...-~...... ~,Xf9CI9D' 4)...-...,...... (20)..........-- of (4)'" CU. (1) 1110 GIlP.ln 4' EMf ~ __ ""'" 400 _......... T_.........'~ eoo """ - ~~. ')~""'" and \nOUiI(2) _(80) """'" '"'" __ of (4)360 CO. (') 11110 GN).1n 4' EMf ~ _'"'"'.""r eoo _ ........ T-......... ...-.f ..... '11". 6) PfO'J\de electt\Ci81 permit fees. specmed EJeCfrlCaI DistribUtion Equipment: subt~' Pub\lc Wor\(8: 1 \ 20 '\ 30 eo \ '\ $ 31,49" H S', 2;. ;CoF 2: f2PM CARPENTER fLECTR I C . ~ .....~U4!6 ",P.! __ 1) Electrical ftH)m 1) PttMde a"" .,,,,,,,, 800 llII1p. "'Pole Fuaea ~ SIaInJ........ Main ~ 2) """""" .... ....." ~ 8yo("", ...-., of (SO) ....., ..... ..-.,. of (') 2/1) CU .... ....... 800 llII1p FlJ8ec1 Main DIsconnoct to "llIlI&Itnu- ....... GIotmd. 3) PtoYlde and ....." (2) ""'" of (66) .....,................ of (4) 500 CU, (I) 1h/fJ GIlD. '" 4" fAIT ~ !soder ""m "new" BOo llII1p FUlled IoIa1n DIsconnoct (0 "new" 800 ""'" ....... T.....,.,. "-'. 4) Pro.tcte and .....0 (2) tuns of (20) lineal,..,. -...,. of (4) 500 CU, (I) 1h/fJ GIlO. ., 4" EM!' ~ '-.... "-- 800 ""'" F.... Morn ~ to "llIlI&Itnu- c. T. CabInet 5) PIovido and '- 400 ""'" Pin.... S_ ~lleMco ~.......... (""-0 -.... f'fIOde1 #AJA40144-400RS) 8) Aosombt. makhIng ..... -.wy... (SO)........ of ___ 500 "CIoL '>>>0 l'C ..... """ 1/IOund. 7) P.o.Ido....1nstan (40) lineal.... "'-'cO of (4) 500 CU, (1) #110 GRO. In 4" PIle SCH 80-..." "-""", ....... ~ Serwco """-cIo to "__ 800 """...............,.,."-'. 8) ~ ... "- (32) I1neoIfoot ......... of (4) 500 CU, (I) 1I1/fJ GRo. In 4" fAIT """"""'" !soder Ilnm "new" 800 llII1p -.., T_"-, to ~"800 """'"."., "MOp", 9) Provtoo ~ of 800..,.. ~ Homa3RAsCO IoIonueJ 1lonoter"-' _ ~'X'C9cI9o 14AA114BA 72E 240V 60HZ. 10) Provid9 al9CfrjcaJ P9rmn fees. ~ 162.893~ Spec;n.d EIectricai DIstribution EqulPl7lent: Subtotal Senior Citizens Center: GENERAL INCLUSIONS: 1) Demolition of electrical 8' required. 2) RewQrI( to exlsling a1ectrtcal as required. 4) F"rre CaUlking Is proVided. I!XCLIJDED: 1) Any cuIlt1g or pOldring or ~ """'"'" or root tor .......,. Or ~ 2) Any challges by OWner or IocaJ Inspecm,. not fncIUdecI. 3) Ani..... or CftJIssJono Or An:hHoct of __ "'" ......Od. 4) Any fire boxing and access Panels Pf'OVIded by othe~. S) The cost of P8fmitting 18 not inclUded. I) Sect..1ty and Ole...... to be PiO>Ided...,"- Or_. ) -- "'" Included in -. bkI (- ~ to be _ Or _i. 1 Ani.,......, 1llJU/tlmen(.......... "'" "-1bod In ... _ __ and Is 1lOl........ on -Is not -. bid. and WiU be Priced as an ~. HUndred Fifty TWO Thousand S ht Hu~ Nine - 8CheduIod 10 be aubmiltod 011 tho 25lh Of tho mOOCh .._....._"......_.._-......_~ . --....-..---.....-..---...---..- --. 0Ill1tt1D -,,'-. ....... 8Ild """"-'oy ___ Ow..."......., .......-..---- - ~ ~oI~ .-.~.. 0llIIlIlIIana.,. "'q'" - 4.... _..,....,..,.., IfIIIa III ao...WOftr..~,..... -.......lluIIlIIW ~ II ..... '"-..........lIClIOft......... ...... JIIrt Of...,...., II~ 1IIIlIo4nt-....~__IIy~ .....~---."."fo -.--tllf~~~IIfDnley.feea. rv,3O.. ~ =~ Sj~ =- Sj~ ...... 7 30 55 20 1 1 40 32 1 1 1 $ 47,309.70 'I i/~ ~llence _.......J. o CARPENTER ELECTRIC INCORPORA TED Slat8 LIce/l&e EC 0001273 FAX COVER SHEET Date: 11/17/06 To: George Mantell Company: City of Boynton Beach Tet: 561-742-6990 Fax: 561-742-6285 From: Mark Freshwater Regarding: Boynton Beach City Hall 2 PAGES PLUS THIS COVER SHEET j' ATTACHED YOU WILL FIND REMARKS: I \ THANK YOU I Mark Freshwater Estimating 1333 W 53rd Street:> City of Magnolia Park, Florida, 38407 > 561/848-7881 > Fax 561/848-5506 il ! I 'd 8lH'oN JIHIJ313~31N3dHVJ ~VLO:11 900l 'Ll'AoN ,.I Pro osaf Page No. 1 .-' ... ..- C~mitm~ft'" , '-~~I~~nce o CARPENTER ELECTRIC, INC. SIN lJcenae EC 0001V3 1333 W 53RD STREET CITY OF MANGONIA PARK, FLORIDA 33407 5611848-7881 Fax 561f848..650cs I'Rl)PO$,t,( st.8MlTTED TO City of Boynton Beach PHONE of 2 PageS ~ 561-742-8990 rAX , DllTI! 561-742-8285 11/17/06 STREET 100 E. Boynton Beach Blvd crrv, STAT!: Al/ll %II' CODI! Boynton Beach, FI 33435 I -- Boynton Beach City Hall JOBl.(lC.t.lJoH City Hall I^TTENTlOI/ George Mantell ARailTECT DATI; OF Pl.NIS CH2M Hill w. hereby submit specifications and estimates for the/natallation of EIet;trlcaJ Devices it$ noted on I' Electrical Plan for City Hall Plan pages E-101, E-1021 and E-106 dated HPrellminaryH with no date. ThIs pl'Oposal ;s based On plans listed above and specifications to the best of our knowledge. 400 Ama Manual Transfer for Danel WHDP 1) Remove 3" conduit and 4-350MCM from MOP 2) Provide J~ Box to intercept 3" conduit to existing panel WOHP 3) Provide and Install400A 3 phase 600V breaker style Nema1 service rated diSCOnnect 4) Provide and install 3" EMT and 4-350 MCM between new disc and new J-box to refeed WDHP 5) Provide and install taps In J-box 4) Provide and install 3" EMf and 4-350 MCM between new disc and FPL vault 6) Relocate Honeywell fan controller to provide space for 400A disc 7) Remove "existing- 300 amp 3-Pole Breaker feeding west wing out of 1200amp MOP. and replace with -new" 200 amp 3-Pole Breaker. 8) Provide and install "new" 400 amp. 3-phase Nema1 ASCO Manual Transfer Switch mOdel #386C-3-40Q-N1X-G-14AAJ148A-72E-480V60HZ. 9) Move existing panel WOHP 2' 10) Provide and install gutter to capture feed to WDHP 11) Provide 3' EMT with 4-350MCM between new gutter and manual transfer switch 12) Provide taps in gutter to connect feed to manual transfer switch 13) Provide and install 400 amp pin and sleeve !lJVefSe service ralntlght receptacle Appleton Power tight AJA40144-40 14) Provide and install matching Appleton Power tight plug AP40144G-RS 15) Provide and install 4-conductortype TC with ground (400A) 1200AmD Automatic transfer switch for wstina MaIn Distribution Switchboard 1) Remove existing 800A 480V emergency disconnect 2) Remove existing 600A 480V conduit and wire from FPL vault 3) Remove exi8t.lng 600A conduit from existing 600 disc aod existing 600A transfer switch 4) Provide installation of new 1200 amp disconnect 5) Provide and install4-runs of 3" EMT with 4-350mcm each from 1200A Disc to FPl Vault 6) Remove existing 80DA Auto Transfer switch connected to paralleling gear exclude 7) Provide and install 4-runs of 3" EMT with 4-350mcrn each from 1200A Disc to new Auto Transfer switch 8) Provide installation of new 1200 amp automatic transfer switch excluded 9) Provide and InstaU 4-1'\1n$ of 3- EMT with 4-35Omcm each from 1200A new Auto Transfer switch to existing paralleling switch gear 10) Provide and install 4-runs of 3" EMT with 4-350mcrn each from 1200A new Auto Transfer switch to exJ~A9 MOP 11) Remove existing buss from 2500Amp MDP to FPl vault 12) Provide and InstaU UI. approved connection from wire to 2500A MOP excluded 13) Provide and install 2-112" EMTWith 4-4/0 and 1#6 gmd from new 200A breaker to panel EMDP Nlowance tor I::XCluaea Items iRi, lRI6 FI;t (not InClUded In me base bIG Dnce), Line item #fj - existing 600 amp switch connected to parallel gear, Line item #8 - 1200 amp A TS Line item #12 - UL approval Allowance (NIB) $ 26,000.00 G d ~JYL'ON JIHIJ313 H31N3dHVJ ~VLO:\t SOOl 'LI'IIoN I~~ I' ~ 1 1 40 , 4 i 50 1 1 1 1 1 65 .l 1 1 100 1 35 65 1 35 65 65 65 ,j 1 65 I Page NO. 2 of 2 Pages GENERAL INCLUSIONS: 1) Demolition of electrical as required. 2) Rework to existing electrk:al illS required. 4) Are Caulldng18 provided. EXCLUDED: 1) IVry cutting or patching of drywall, concrete or roof for eleclric by others. 2) Any ch~nge8 by owner or local inspector not Included. 3) Any errors or omission. by Architect of engineer not Included. 4) Arry fire boxing and access panels provided byothef6. 5) The cost of permitting 1$ not i"eluded. 6) Security and fire alarm to be provided and installed by others. 8) Temporary power provided .. needed on a time and meterial basis. 9) Any e1eclt1cal 8qulpmentand labor not described In the above e9tlmate and Is not $hown on plans is not base bid. and will be priced as an extra. 10) Una items 6, 8 and 12 under the 1200 amp Automatic transfer swIlc:h for existing Main Distribution Switchboard ;s not Included in the base bid price. , -See allow.-nee above. One hundred Fifty thousand One hundred Fifty-seven dollars and 00/100 Payment scheduled to be submitted on the 25th of the month paid by the 10th of following month h50.157.00 AllII*"-Isis guar.an_ to be IS.PICIlled. AI Wcdl f6 bt ~ iI a -*"""Ill __ ~ 10 IIlInCI;Id IlIIC:tr& AIrt aIIw;tlIon or dIMIIltlIl fJan .w..1IIICIiCdan ___.__..._-__.._______h_M__~- ~ _oonlnlI. 0WMr1O catrl' '-tom......iI...., """"-Y 1I\_0IIr~ and .'t /! { ~.... fullywmecl byWllIIl8I8 compenaaGoft lnsur.Ince, AUlIlOl1ZeCI........' :'. 'l - , ' Slgr)atLI~ to I ~ ~ Carpen1i&r EIeclrIG ~ Aoceptance of Proposal 'hie ~ potwa, SIIICIIIeItIonaand condllfona_ ~ry and... hInII1l1CC1p1ed YOU__lDdGt...-""~I"......-"-.---- ~RIIIII m 1III_nr_.-wI1llO _ '*...... ClfttMl*l or~"*1nc; 10 cohct tM-.nt owiqg to e.,.,...liIectrlG IIfCUlrlOmlr.......,w. -.cr-. ~ID ca.p.... ElKtrIc .0 coela of COIIetIIIan inGfll\llng fMfOI18bIe lIttOmey-.... I'I'Oposal...u.l for 30 day&, Dat66f~ '\~(' .;- ('lil/'OU Sign.~ S1glllhm!l - "I U I "=11=1 U=11 U=1AU\/"==-fAJ\/I fl- II_onn7 . II - AIlU IJ 16/05/2606 10:34 3363398569 WILLIAMSEPEIS PAGE 02 REALlIPR<>PERTY{ TERPRISES, LLC 2385 Execultve Center Drive, SUIte #100, Boca Raton, FL 33431 TeJephonc (561) 962-2719.Facsimile: (561) 733.)298 6ENERAL CON'TRAC'fC'JAS CSClSJ6961 .', .. October 4, 2006 Mr. George Mantel City Of Boynton Beach 100 East Boynton BelIch Blvd Boynton Beech, FL 330435 RE: Transformer SwiId1 Project Dear Mr. Mantel: Unfortunately we will not be able to provfde you with a quote on the afonHnentioned project due to the following r9El80n8: · Rules, regulations and specIfIcetfon requirements are very prohlbftive which pIeoe8 . legal burden on contractors who .... not fun time attorneys. fly we Will be able to work with you and your team in the future. s . , :SIDENTIAL JMMERCIAL D,USTRIAL OFF.:(561) 734,2831 FAX: (561) 369-3207 ,JEN,)EI1Clllllff ELEt7l11t INt. _L Y W. PENDERGRASS 816 E, 1 sl STREET :# 0003090 BOYNTON BEACH, FL 33435 /0/OS/2006 To Whom It May Concern: Please be advised, at this particular time, our company is not in the position to quote a price on your project. Unfortmiately our case load is too heavy. We certainly appreciate this opportunity and look forward to working with the City of Boynton Beach on other projects in the future. Sincerely, < ,/// r-. ~ /0> r----- .?I (fffffD C.N..D. Electric L.L C~ lIcensed · Insured. B.. ER-13013072 / U_20~~~ed Norm Douglas v.p ./Qualifier 561-635-4893 10 / 5' /2006 To Whom It May Concern: Please be advised, at this particular time, our company is not in the position to quote a price on your project. Unfortunately our case load is too heavy. We certainly appreciate this opportunity and look forward to working with the City of Boynton Beach on other projects in the future. Sincerely, L-. 7- C-: A..), C. (. LEer r<.r- c LLc.. . . ,. , Licens.ed& Insured EC# 13002308 John Magner 8211 Bowie Way Lake Worth, FL 334.67 ltercoastalelec@bellsouth,net Office 561-963-8527 Fax: 561~642,7691 Cell: 954'-868-0246 l!L! ~2006 INT.aCOASf'AL ELBcraICENC. TOE CERTIFIED ELECTRICAL CONTRACTOR To Whom It May Concern: Please be advised, at this particular time, our company is not in the position to quote a price on your project. Unfortunately our case load is too heavy. We certainly appreciate this opportunity and look forward to working with the City of Boynton Beach on other projects in the future. Sincerely, 1 l./ ,// ii'/!!/, ~ "v' !/4,if Blank Page 1 of 1 Stump, David From: Gary,Goldsmith@CH2M.com Sent: Monday, December 04,200611 :27 AM To: Stump, David; anderson,slocombe@ch2m,com Cc: anthony,phillips@ch2m,com Subject: Emergency Generator City Hall Complex I have reviewed the proposal for the installation of the equipment for the project. The overall proposed cost for the project appears to be within an acceptable amount. This includes the items in the allowance. The only comment is with regard to the items is with regards to the exclusions specifically items 1,4,5,and 8. If additional information or assistance is require do not hesitate to contact me, Gary W. Goldsmith Electrical Department CH2M-HiII 3001 PGA Blvd Suite 300 Palm Beach Gardens, Florida 33410 Email: gary.goldsmith@ch2m.com Office Telephone: (561 }904-7400 Direct Telephone: (561 }904-7453 Cell Telephone: (561 )818-9756 Fax Number: (703)376-5553 12/13/2006 ((r '\ r- 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 December 5, 2006 November 20,2006 (Noon,) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) r2J January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 13, 2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM r2J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Authorize the use of $2,000 from Mayor Taylor's Community Investment Funds to the Boynton Beach Faith Based CDC. EXPLANATION: Commission approval is requested for allocation of $2,000 to the Boynton Beach Faith Based CDC to assist in funding the CDC's Peacemakers Youth Program, which works in partnership with Galaxy and Poinciana Elementary Schools, PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $15,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. Department Head's Signature ~~ Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,])(X EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: January 4, 2007 Requested by Mayor/Commissioner: Mayor Taylor Amount Requested: $2,000.00 RecipientlPayee: 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: I I if It) ') By: /th>-- W~ 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 $15,000, $500.00 has been used to date by the requesting Member, leaving a balance of available funds of$14,500, This request would bring the available amount down to $12,500, Accordingl y: "" There are funds available as request o There are insufficient funds available I / slo 7 I / Dated: By: Part 111- Eligibility Evaluation (to be completed by City Manager) g The proposed expenditure of funds will not result in improvement to private property; eJ The recipient/payee provides services within the City of Boynton Beach; iY"" The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and c:f/'Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose, Dated:_~<:: 107 By: ,/ /.7 ~ ~ S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06,doc ~ BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION Dear Mayor Taylor, January 3, 2007 Peacemakers is an after school program that reaches out to at-risk, disadvantaged youth within the Heart of Boynton and surrounding communities. The Boynton Beach Faith Based Community Development Corporation is the parent organization (50lc3) of the program and it is held at two of the local elementary schools within the Heart of Boynton: Poinciana and Galaxy Elementary. The pilot year was 2003 and the program has been proudly serving the youth and families of these communities every year since, to indude the present Students in grades 3 - 5 are referred to the program by the recommendation of teachers in the aforementioned grades; twenty children are selected from each school for a total of forty children. The primary goal of the program is to improve the academic and behavioral perfonnance of the students. This goal is achieved with the assistance of dedicated staff members which indude a project coordinator, project manager, an aide, and six certified teachers. The morning portion of the program consists of a mentoring session at breakfast with the children which is facilitated by the program coordinator, program manager and community volunteers. The program begins at 2 pm and ends at 4pm on Monday - Thursday. Once the students are released from school, they are given a one hour recreation/snack period. Then they are taken into dassrooms in their respective grades to receive a on~hour tutorial session. Upon completion of tutoring, the staff driver transports the students to their individual homes. On Mon and Wed the program is held at Galaxy, and on Tuesday and Thursday the program is held at Poinciana. On Fridays the two schools are brought together for an event called "Fun Friday". The activities on these clays consist of organized sporting events, dance and movement routines, and pizza parties, and an occasional guest student. The success of the program is evidenced by the improvement of the students' grades, FeAT scores, and SRI (Standard Reading Inventory). Further evidence is seen in the improvement of social interaction and behavior, with the students having fewer referrals and office visits. The students also benefit from a number of enrichment activities such as field trips, cultural awareness, and most recently participating in the annual Boynton Beach Christmas Parade. POST OFFICE BOX 337 . BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY PHONE (561) 752-0303 . FAX (561) 752-0302 '((( ,\!, ~\...- 'v r CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL DEVELOPMENT ITEM A.1 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20, 2006 (Noon.) D D January 2,2007 December 18, 2006 (Noon) D ~ January 16,2007 January 2, 2007 (Noon) D D February 6, 2007 January 16,2007 (Noon) D Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office February 20, 2007 February 5, 2007 (Noon) March 6, 2007 February 20,2007 (Noon) March 20, 2007 March 5, 2007 (Noon) April 3, 2007 March 19,2007 (Noon) NATURE OF AGENDA ITEM o Announcements/Presentations o o o o Administrative o City Manager's Report o New Business ~ D o Legal UnfInished Business ("') o n~ -.I --< <- -I RECOMMENDATION: Please place this request on the January 16, 2007 City Commission Agenda un@ Le~ Ordinance - Second Reading, The City Commission on January 2, 2007, approved that this request under Public HeJring~ Legal, Ordinance - First Reading, For further details pertaining to the request, see attached Department MemorancftMt N~-< 06-200, ;r:. cn::i :x 00 = .." Z .. '"'lCD N - /'TI 0)> (".) ,." 0 :J: Consent Agenda Code Compliance & Legal Settlements Public Hearing EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: Miraflor (ANEX 06-009) Bradley Miller of Miller Land Planning Consultants, Inc, SCI Funeral Services of Florida, Inc, West side of North Seacrest Boulevard, approximately 0,5 mile south ofHypoluxo Road and immediately north of Pine Point Villas Request to annex the subject property (3,87 acres), DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: AL TERNATIVES: N/A N/A N/A ~ City anager's Signature Assistant to City Manager ~ ~ ~ Il4e .,., Planning and Zoning Iiiector City Attorney / Finance S:\Planning\SHARED\ WP\PROJECTS\Miraflor\ANEX\Agenda Item Request Miraflor ANEX 06-009 1-16-07 ,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 ORDINANCE NO. 06-093 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 3.87+/- ACRES OF 5 LAND THAT IS CONTIGUOUS TO THE CITY 6 LIMITS WITHIN PALM BEACH COUNTY AND 7 THAT WILL, UPON ANNEXATION, CONSTITUTE 8 A REASONABLY COMPACT ADDITION TO THE 9 CITY BOUNDARIES; PROVIDING THA T THE 10 PROPER LAND USE DESIGNATION AND 11 PROPER ZONING OF THE PROPERTY SHALL BE 12 REFLECTED IN SEPARATE ORDINANCES TO BE 13 PASSED SIMULTANEOUSLY HEREWITH; 14 PROVIDING FOR CONFLICTS, SEVERABILITY, 15 AND AN EFFECTIVE DATE; PROVIDING THAT 16 THIS ORDINANCE SHALL BE FILED WITH THE 17 CLERK OF THE CIRCUIT COURT OF PALM 18 BEACH COUNTY, FLORIDA, UPON ADOPTION. 19 20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 21 development of an Annexation Program; and 22 WHEREAS, SCI Funeral Services of Florida, Inc., owner, by and through its agent, 23 Miller Land Planning Consultants of the property more particularly described hereinafter, 24 have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of 25 Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of 26 land consisting of approximately 3.87+/- acres; and 27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 28 following tract of land as hereinafter described, in accordance with Article I, Section 7 (32) 29 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and 30 WHEREAS, said tract of land lying and being within Palm Beach County IS 31 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 32 annexation, constitute a reasonably compact addition to the City boundary. S:\CC\WP\ORDINANCES\2006\06,093 - Annexation - Miraflordoc 1 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. That each and every Whereas clause is true and correct. 4 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described 6 unincorporated and contiguous tract of land situated and lying and being in the County of 7 Palm Beach, Florida, to wit: 8 SITUATED IN THE COUNTY OF PALM BEACH AND STATE OF FLORIDA, AND KNOWN 9 AS BEING A PART OF THE REPLAT OF PART OF LINCOLN OF LINCOLN MEMORIAL 10 GARDENS AS RECORDED IN PLAT BOOK 25, PAGE 225, AND FURTHER DESCRIBED AS 11 FOLLOWS: 12 13 BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A PARCEL OF LAND 14 AS CONVEYED TO PALM BEACH COUNTY CEMETERY CORPORATION IN VOLUME 15 4784, PAGE 360, SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY LINE OF 16 SEA CREST BOULEVARD, A VARIABLE WIDTH PUBLIC RIGHT OF WAY; 17 18 THENCE, NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT; 19 THENCE, NORTH 01 DEG. 01' 59" EAST, 196,}3 FEET TO A POINT; 20 THENCE, SOUTH 87 DEG, 30'46" EAST, 176.44 FEET TO A POINT; 21 THENCE, NORTH 01 DEG, OJ' 59" EAST, 19.03 FEET TO A POINT; 22 THENCE, SOUTH 87 DEG, 30' 46"EAST, 148.72 FEET TO A POINT; 2 3 THENCE, NORTH 0 1 DEG. 01' 59" EAST, 12.00 FEET TO A POINT; 24 THENCE, SOUTH 87 DEG. 30' 46" EAST, 326.39 FEET TO A POINT; 25 THENCE, SOUTH 01 DEG, 0]' 59" WEST, 2,74 FEET TO A POINT; 26 THENCE, SOUTH 87 DEG. 30' 46" EAST, 33.8] FEET TO A POINT; 27 THENCE, SOUTH 01 DEG, 01' 59" WEST, 156,13 FEET TO A POINT; 28 THENCE, SOUTH 87 DEG, 30' 46" EAST, 81.83 FEET TO A POINT; 29 THENCE, NORTH 02 DEG. 29']4" EAST, 93.00 FEET TO A POINT; 30 THENCE, SOUTH 87 DEG. 30' 46 EAST, 92.00 FEET TO A POINT ON THE WEST RIGHT OF 31 WAY LINE OF SAID SEA CREST BOULEVARD, SOUTH 02 DEG. 29' 14" WEST, 16] ,27 FEET 32 TO THE POINT OF BEGINNING AND CONTAINING 3.87 ACRES (168,650 SQ. FT.) OF 33 LAND, 34 35 36 Subject to easements, restrictions, reservations, covenants and rights-of- 37 way of record. 38 39 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be 40 and become part of the City with the same force and effect as though the same had been S:\COWP\ORDINANCES\2006\06-093 - Annexation - Miraflor.doc 2 1 originally incorporated in the territorial boundaries thereof. 2 Section3 : That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 3 Florida, is hereby amended to reflect the annexation of said tract of land more particularly 4 described in Section 2 of this Ordinance, 5 Section 4: That by Ordinances adopted simultaneously herewith, the proper City 6 zoning designation and Land Use category is being determined as contemplated in Section 7 171.162(2), Florida Statutes, 8 Section 5, All ordinances or parts of ordinances in conflict herewith are hereby 9 repealed. 10 Section 6: Should any section or provision of this Ordinance or any portion thereof 11 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 12 the remainder of this Ordinance. 13 Section 7: This Ordinance shall not be passed until the same has been advertised 14 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 15 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 16 Section 8, This ordinance shall become effective immediately upon passage, 1 7 Section 9, This ordinance, after adoption, shall be filed with the Clerk of the 18 Circuit Court of Palm Beach County, Florida, 19 FIRST READING this 2ND day of January, 2007. 20 S:\CC\WP\ORDINANCES\2006\06..Q93 - Annexation - Miraflor.doc 3 1 SECOND, FINAL READING and PASSAGE this _ day of 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 23 City Clerk 24 25 26 (Corporate Seal) CITY OF BOYNTON BEACH, FLORlDA Mayor - Jerry Taylor Vice Mayor - Robert Ensler Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner - Carl McKoy S:\CC\WP\ORDINANCES\2006\06-093 ,Annexation - Miraflor.doc 4 ,2007. TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING Be. ZONING DMSION MEMORANDUM NO. PZ 06-200 Chairman and Members Planning and Development Board and City Commission Kathleen Zeitler ~ Planner ,V Michael W. Rump~' Director of Planning and Zoning November 21,2006 Miraflor at Boynton Beach / ANEX 06-009, LUAR 06-022 To annex the property, reclassify from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 du/ac) and rezone from Residential, Multi-Family (Palm Beach County RM) to Multi-Family Residential (R-3). Property Owner: Applicant! Agent: Location: Parcel Size: Existing land Use: Existing Zoning: Proposed land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION sa Funeral Services of Florida, Inc. Miraf/or at Boynton Beach, LLC / Miller Land Planning Consultants west side of North Seacrest Boulevard, approximately 0.5 mile south of Hypoluxo Road and immediately north of Pine Point Villas (see Location Map - Exhibit "AfT). 3.87 acres (168,650 square feet) Institutional (Palm Beach County INST) Residential, Multi-Family (Palm Beach County RM) High Density Residential (HDR 10.8 dwelling units per acre) Multi-Family Residential (R-3) 40 townhomes Page 2 ANEX 06-009, LUAR 06-022 MlrafJor at Boynton Beach Adjacent Uses: North: Cemetery (Palm Beach Memorial Park) In unincorporated Palm Beach County classified Institutional (INST) and zoned Residential, Multi-Family (RM); South: Townhomes (Pine Point Villas Condo) cfassified High Density Residential (HDR) and zoned MUlti-family Residential (R-3); East: Right-of-way for North Sea crest Blvd, and farther to the east / southeast, single-family residential homes (Roiling Green Ridge subdivision) classified Moderate Density Residential (MODR 7.26 du/ac) and zoned Single-Family Residential (R-l); and farther to the east / northeast, single-family residential homes (San Castle subdivision) In unincorporated Palm Beach County cfasslfied Medium Density Residential (MR-5) and zoned Residential, Multi- family (RM). West: Right-of-way of Interstate-95, and farther west, single-family residential homes in unincorporated Palm Beach County classified Low Residential (LR-2) and zoned Residential, Single-Family (RS). EXEcunvE SUMMARY Staff recommends approval of the requested annexation, land use amendment, and rezoning for the following reasons: 1. The request is consistent with the objectives of the City's annexation program; 2. The requested land use amendment Is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 3. The requested land use and zoning are consistent with surrounding development; 4. The request will not create additional impacts on infrastructure that cannot be accommodated by the Oty at present; and, 5. The proposed development will conbibute to the overall economic development of the Oty. PROJECT ANALYSIS Mr. Bradley Miller, agent for the property owner sa Funeral ServIces of Rorlda, Inc., is propoSing to annex 3.87 acres and amend the future land use to High Density Residential and rezone to Multi- family Residential. The subject property Is located on the west side of North Seaaest Boulevard approximately one-half (0.50) mile south of HypoIuxo Road. The parcel has 161 feet of frontage on Seaaest Boulevard, a depth of 857 feet, and Is situated between Palm Beach Memoria' Park (In unincorporated Palm Beach County) and Pine PoInt Villas (In the Oty). Mr. Hector Sardina, Managing Member of MJraflor at Boynton Beach, LLC and oontract PUrchaser, Is proposing a toml of Page 3 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach 40 townhomes on the subject parcel, to be constructed in one (1) phase, and completed by October, 2008. The subject property was originally part of the Palm Beach Memorial Park Cemetery, and slated as a future expansion area of the cemetery. The applicant's project description states that a recent sale of the Memorial Park subdivided this unused parcel from the original cemetery parcel. The property owner has submitted a notarized Affidavit which states that the subject property "has never been used for burial sites, had never contracted to sell plots for burial, nor used for crematory purposes", This property is located within a future annexation area of the City. Accompanying this request for voluntary annexation are requests to amend the Future Land Use Map of the Comprehensive Plan to classify the annexed land as "High Density Residential", to rezone this property to Multi-family Residential (R-3), and for new site plan approval. The proposed zoning would provide for the construction of 40 town home units with a gross density of 10.34 dwelling units per acre. Because the subject property is less than ten (10) acres, the Florida Department of Community Affairs (DCA) classifies this as a "small scale" land use amendment. Unlike a "large- scale" amendment of ten (10) acres or more, a "small-scale" amendment Is adopted prior to forwarding to the DCA, and is not reviewed for compliance with the state, regional, and local comprehensive plans prior to adoption. Site Plan Concurrent with this request for annexation, land use amendment, and rezoning, the project will require a site plan approval and boundary plat approval prior to the issuance of any building penn its for the project. The site plan submitted for the proposed townhouse development Indicates one (1) Internal private cul-de-sac street with direct aa:ess to Seacrest Boulevard. A total of five (5) buildings are proposed, each being two-story. A total of eight (8) townhouse units would be located within each building. Each dwelling unit would include three (3) bedrooms, three (3) bathrooms, and a one (l)-car garage. The townhouse units would be marketed as workforce housing, and owned condominium-style. The dwelling units would be individually owned, however the remainder of the development, including buffers, parking spaces, tot-lot with gazebo, and dry detention areas would be common areas, owned and maintained by the homeowners association. Review Based on Criteria The criteria used to review Comprehensive Plan amendments and rezonings are listed in the land Development Regulations, OIapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan polides Indudlng but not limited to, a prohibition against any Inaease In dwelling unit density exceeding 50 In the hun1cane evacuation zone without wrft.ten approval of the Palm Beach County Emergency PlannIng OMs/on and the Clty's risk manager. 7be plannIng department shall also recommend lImitations or requirements, whIch would have to be Imposed on subseqlNlllt development of the property, In order to comply with polldes contained In the comprehensive plan. Page 4 ANEX 06-009, lUAR 06-022 Miraflor at Boynton Beach The subject property Is not located In the hurricane evacuation zone, therefore the referenced policy Is not applicable; however, other applicable objectives and policies contained In the comprehensive plan Include: Policy 1.17.5 The . City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, or with implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment Master Plan. The subject property is located in the City's future annexation area, and is located outside the area of the City covered by the Boynton Beach 20/20 Redevelopment Master Plan. The proposed project is similar in density and type of development to the adjacent residential development to the south (Pine Point Villas). Therefore it is consistent with the directions of Policy 1.17.5. Policy 1.19.1 177e City shall continue efforts to encourage a full range of housing choices, by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use E1ementsH The provision of mUlti-family housing, as proposed on this site, is seen as a recent trend in the City to develop smaller parcels with infill residential development (multi-family projects and townhouses), thereby increasing the range of housing choices available to the market, and providing consistency with Policy 1.19.1. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an Individual.property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent development and zoning in the area. The proposed project is for a mUlti-family residential community that is complimentary to the development patterns in the area along the Sea crest Boulevard corridor, especially adjacent development to the south. c. Whether changed or changing conditions make the Proposed rezoning desirable. The proposed land use amendment and rezoning are the minimum changes to the property, to naturally accompany the annexation of this property from Palm Beach County. The Proposed amendment Is consistent with the future land use dassfflcaUon as recommended on the Future land Use Map for this unincorporated area, and is consistent with surrounding land uses and zoning, both In the City and the adjacent unincorporated area. d. Whether the proposed use would be compatible with utility systems, roadways, and other public fBcIllties. Page 5 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach The proposed land use amendment and rezoning Is compatible with utility systems, roadways, and public facilities. Based on the Oty's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 17,200 gallons for water and 7,740 GPCD for sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10- year planning period. The traffic study prepared by the applicant's consultant Indicates the project anticipates a traffic generation rate of 280 new trips per day, with available roadway capacity on Sea crest Boulevard. The Palm Beach County Traffic Division has reviewed and approved the project for traffic concurrency and notes a project bulld-out date of 2009. The School District of Palm Beach County has detennlned that adequate capacity exists to accommodate the projected student population generated from the proposed project. Lastly, drainage will also be reviewed in detail as part of the review of the building pennit application, and must satisfy all requirements of the city and local drainage pennitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The compatibility of the requested land use designation and rezoning has been discussed above. Adjacent development (Pine Point Villas) represents high density residential development at a similar density. The current use within the adjacent development to the south is multi-family residential, similar to the proposed project. The density of the proposed development Is 10.34 dwelling units per acre (du{ac), slightly less than the maximum density of 10.8 du{ac allowed in the High Density Residential classification. The residential development to the northeast (San Castle subdivision) in unincorporated Palm Beach County is similarly zoned Residential, Multi-family (RM). f. Whether the property Is physically and economically developable under the existing zoning. The subject site was historically set aside as a future expansion area for the cemetery, and sold off as a separate parcel. There Is a conflict between the existing County Institutional (INST) land use classification and the County Residential Multi-family (RM) zoning district currently on the subject property. The applicant Intends to have the subject property annexed, reclassified, and zoned under the City's jurisdiction. The proposed development would be similarly classified and zoned as the contiguous property to the south. g. Whether the proposed rezoning Is of II scale which Is reasonably related to tile needs of tile ne/ghbodlood IInd the city liS II whole. The proposed land use amendment and rezoning will allow for development of multi-family townhomes at a scale comparable, consistent, and compatible with adjacent existing development. The size of the subject parcel will afford a development similar In nature to Page 6 ANEX 06-009; LUAR 06-022 Miraflor at Boynton Beach surrounding residential development, and will contribute to the range of housing opportunities available In the City. h. Whether there are adequate sites elsewhere In the city 'or the proposed use, In districts where such use Is already allowed. The subject property is located in the City's annexation area. Both the type of housing (multi- family attached) and density (10.34 units per acre) proposed for the development Is consistent with adjacent development in the Oty. There are very few comparable-sized vacant parcels within the City which could accommodate such a development, and which also support the objective to provide housing units at less than market prices. CONCLUSIONS/RECOMMENDATIONS In conclusion, and as indicated herein: 1. This request is consistent with the objectives of the City's annexation program; 2. The requested land use amendment is consistent with the.City's adopted Comprehensive Plan, including the requirements for concurrency; 3. The requested land use and zoning are consistent with adjacent development; 4. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 5. The proposed development will contribute to the overall economic development of the City. In addition, the proposed site plan meets the minimum requirements of the City's Land Development Regulations. Therefore, staff recommends approval of the request for annexation, land use amendment, and rezoning subject to satisfying all recommended conditions (see Exhibit ''e" - Conditions of Approval). If the Planning and Development Board or the Oty Commission recommends conditions, they will be included within Exhibit "C". AlTACHMENTS S:\I'tannIng\sHARa\wp\PROJECTS\MIriIIlor\lUAR\STAfF Rfl>ORT.doc I . Exhibit "A" · Miraflor Location Map ~~ SITE ~ COU~ fiG - Nlulti!fiffiil R i entia It) a> W ~ I-' C/) a:: w I-' ~ f r' I . ll. I I % -'---'--- ARTHUR I I I--- :=; It '.:, , )"f , ,~ .--:J0;\l, FICUS -TREE ,r- l ,. I ,'I. I I ,... ,'" \-~f--J'- City Bordel _'T~'T- r-1 I ...",.. I .' I, ,JJ,_..J J..:-~j?_~_, r TF ~ ~ENTONr . ,i; ~ ,/1., I I iJ,",' I~" ~ --, ~ -~-, ( ,".' ... :, ~." I------ - ~. . ~.~ ~ ~H,R,'1-=-S in.g..,'.le~fa~.,..:...i,.IY: a:: rR1 'd'l t' II~ ~ . eSI erla;..,.1 C/) ~. I ) I \"',,/-',:,.,1 PALM ur U~ u ..; "'>, .' ..', .' .. " \; ;~.~t;~t~~.~ : " .. {~T :,.....'~'.}~;' .",~ V. . ...'.- "i7 ". :~.;; ----- . ... ' . '. - ---- {>" '-'--- ,. " '::"':~~1!::"~~:i:.' ,. "";.':f:'-,'" , ~.. ',i:;, ~ '?:{.i.,' ~ w ,.c',. ".~., Z ~. - ."0 . H' ~.'" .;<,; 0,,;;",:' ",'Coo, i:: ~ ~ ~ ijI'~''':~'#; <( :~. " o~,,',:' : )~:}: .~,., . ~<.. 7:> .."'~'" :: ,:,'~:-""~~'''-: ",,' ~ . : .?,~!:~ ";:':~i ~ ~ ----..: ..g~':~~t ~"....,:. " ". '.. ' ,; " .,..: '~\'~"J'''''~ "", ~ :].' . '~.' P' ~ I. .. J ';,:" ~ T ~l I ,', ."/,f:";' ,'" ~ ' '." ' .1...., :f,.... -'_4:.- ._1::-~'.-~'.',:)).. ...,.... ~j U ( 300 . 150 o 300 600 ~ s B 1,200 I Feet EXHIBIT "B- ~ ~...'": -:::~II!II,&"IlIIJIIJn;ll. ~ ~1.11';'i · ,=,'III!..":', i.," -,- ..,', ell" I' i.i,:!.!I,',.I!I.,~~.III!:11 ,I' 1"- .'1' · Jr. -III !iij/l!il!r:.illiIi!I:li 1.1&1:'IJ'I"'j!I,.,lall,I& rllll! III~I: i. ."1 I ='1..,1,.,1 11,""", ~I :~I:I "j,:.,r.."x:J' !Ifllii!=rlilliifli!fil !llJi!! if! ESI,'.. 1111 .'s ,ilI i ~I., ~~ It I li!I'" ~ ifd', Ii , I'I'!/! ii I 51:1:'1 ~II!II: hil' E !:.d I ill:;. l!i~I' ~ _I II 1,;/1 ;s if e' -, IfAWflCWt-.. -WM:ItA1If: II! \." tJlOolol'L&'IOClICt."".' U' t, - ~"llJrr~ :O!l '., I'!: Iii :;j !I~ :I.J!i !,'I!i I if .,.. 1,IIe I 'II. I IIr I ii 1:11 :. JlI,. :.11 ill!,. ~~ l Iii; il ~I IiI! :i". 'I t- ilal ,'. If I I dl! ':Iil \ rf'" !-I, S.I I .JD~ "III ~ II. II II I iil~. III! J .~ I II I i ~I :ill I ~I · Sf.. d . .~ < ~ liJ~ s:~ .f'~ "''''~ ..... "" ::t !.J1IJJJIUnJlIJ Hlill!ll~ . n~IIUlnllllll ..:Ie I;i 'l ~!r,i=iii;jii;jii H:C! IIi I f~ 3 .&~~~~~~nU~~~l ildll ;1 vi ~I ." i!iJJJi....JJJJilJ~ II.,'I.! 2i ie f: '.~ Ii CU!I~e~ICfU ~; I liE E! II r I" iilillil!.II!lliI III" I-!i j. > ". ...11......... i f j~" .,',," II !ii,iifjii.ijij 'alii ~. ii! . II. in.,if, I I 1111. JI. II "!Iii II 5 'l :<< II. @ '? ...... ~ " ~ .... ''?,. Jill Ir. I~Jj 5 !Ii f! fi1IL 1,.:<< fit H !f!i~ 8' mi~!I III ft Ji~IJI i:l!il (" ~f&1 r' I, r: I! :,:. g I i flf PI!5 ~ '. Ifi rrr.! ~ J~ .., 11'. lj1~ r lit I i!J i<!; ~ f rf! ' ... SCll-:1t')t... 15L.,T !; t~ ~, ..-.s .; ..~ II! :ii ~I I IlDntw., ...... '., ~ ~ ;; ;l ~ ~ i' III it z t t: : , ~...... E I ~ I , I a ~ ~ f ~ I I Iii c . - I ~ ii~:lIife : nEif~H I j I I , I ,EI ;;~~~;, J': t> ~ 1Il ~ ~ '" , :ez~ ~ .... ! - '7"~ --=.:- _ _ __ ~ ~ -...-..............--,... . I IlllllI'lliliiijlli I · ~i I ~EI! " I !II! "1 , Ijlllillii 111111111111111 j1illllllllllllllllll I Kf, ! lid II !il5fiil I II! liif If U[li' nll' ~h I ~h I tf~ f tf~ I -t- -I- S- tl- \: II. .. ~~!!= ~~!~ ilil Hili liU11 ~h I ~h I fI~ I ti~ I ~ I - = i t; . - \: Ii: ~ib i~ii glUl\1n lI:l!;n If flf'lil Jlil ff,ifIlIIII,IIU I (Iliff t fltt !" f Ju.fJI I l a I lint If ~ f i-It I~ ..... r~;:t; ,5 ! U I~G5U Ii U iliS iSiliIiS ~ .... ~........ 1!,' I ' G~ ~~ll:l!br r " ~ ~ ~ ~~ ~ ~ ~ ~ - I Ie I; - _ .... kU; f A ~ h~ BtG~i~ Uh 2:f ;0 ~. ~ It _ I!r' - I!I ~\I -...- I I~ -6. - . -I , ---11-1 ~___ I *>M · 'T--'---'~.L.~__ 51 Miraflor at Boynton Beach ~. tIypoUD lIaad I s.aa.t IIoIAlwaId .. i I I I I I -- Clytzl ~ leach. RolIda EXHIBIT "8" .w. ,~~f'':':~r . . . . "=' II I , '! ix II 'Ul Ifl~ III J. I I ;I! .,. I I I lUll H~'I ~'jIIII!~ lilfii.. f 1.1 Irll 'n '"I I I!I I h. I .~ i' .~ I ~ Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 a Floridan Aquifer well field, East Water Treatment Plant expansion (EPX), Stage 1 Project. D. Approve full release of surety for the project known as Safe & Secure Self Storage of Boynton Beach, in the amount of $72,180.90 and to return the original letter of credit no. 182060-100 from Rdelity Federal in this amount to the developer, the Pugliese Company. Motion Commissioner McKoy moved to approve all items in the consent agenda. Commissioner McCray seconded the motion. The motion passed unanimously. VII. CODE COMPUANCE & LEGAL SETTLEMENTS: A. Approve payment of settlement from continuing negotiations in the amount of $75,000 in the case of Roy and Christi Hernandez vs. City of Boynton Beach, et al. Motion Commissioner McCray moved to approve item VILA. Commissioner Rodriguez seconded the motion. The rnotion passed unanimously. B. Approve the Code Compliance Board's November 15, 2006 decision to reduce the lien in Case 04-1890 from $14,043.24 to the City's administrative costs of $1,018.24. . Motion Commissioner McCray moved to approve item VILB. Commissioner McKoy seconded the motion. The motion passed 3-1. (Commissioner Rodriguez dissenting) VIII. PUBUC 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. Attorney Cherof administered an oath to all those intending to testify on any of the matters for public hearing. He explained the procedure to be followed. A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owner: Location: Miraflor (ANEX 06-009) Bradley Miller, Miller Land Planning Consultants, Jne. SCJ Funeral Services of Florida, Inc. West side of North Seacrest Boulevard across from Mentone Road Request to annex the subject property (3.87 acres). (1st Reading Proposed Ordinance No. 06-093)(Tabled to January 2, 2007) Miraflor (LUAR 06-022) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Boulevard across from Mentone Road 7 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Description: Request to amend the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INSl) to High Density Residential (HDR 10.8 dujac) (1st Reading Proposed Ordinance No. 06-094) (Tabled to January 2, 2007) Request to rezone from Residential, Multi-family (PBC RM) to Multi- family Residential (R-3) (1st Reading Proposed Ordinance No. 06-095) (Tabled to January 2, 2007) Proposed use: Residential developrnent consisting of 40 multi-family townhome units. c. Project: Agent: Owner: Location: Description: Miraflor (NWSP 06-027) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Boulevard across from Mentone Road Request for new site plan approval to construct 40 town homes and related site improvements on 3.87 acres in the R-3 Multi-family Residential zoning district. (Tabled to January 2, 2007) Motion Commissioner McCray moved to remove items VIlLA, VIII.B and VIILC frorn the table. Commissioner McKoy seconded the motion. The rnotion passed unanimously. Attorney Cherof requested all items regarding Miraflor be consolidated for hearing. Bradley Miller, Miller Land Planning Consultants, Inc., agent for the owner, acquiesced to the request. Attorney Cherof pointed out the annexation was not a quasi-judicial hearing, rather a legislative decision by the Commission. Kathleen Zeitler, Planner, located the property and reviewed the requests. She indicated staff recommended approval of the annexation, amendment of the land use and the rezoning. Mr. Miller added the ultirnate plan for the City was to annex properties up to Hypoluxo Road and the 3.87 acres would be in furtherance of that goal. The site plan included five buildings of eight units each. The project would be a non-age restrictive community and provide affordable housing in the area. Mr. Miller advised he had rnet with the residents of Pine Point and heard their concerns. Commissioner McCray noted the project was adjacent to a cemetery and inquired about any landscaping that would shield the view of the mausoleum. Mr. Miller described the wall and landscape buffering that would be included. He also noted that four of the five buildings had a north to south orientation and would not have a view facing the cemetery. 8 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Mr. Miller added the project included 40 affordable homes, as defined by the county, and would be increasing the tax revenue and revitalizing the housing in the area. He also emphasized the land use would be identical to the Pine Point apartments. Mayor Taylor inquired if the applicant agreed with all 32 conditions of approval. Mr. Miller concurred. Mayor Taylor opened the issue for public hearing. Mary Drago, 311A Country Lane, Pine Point Village, offered her opinion that the project was not needed in the area and preferred the area remained the same. She indicated a petition against the project had been circulated that contained approximately 100 names. Mayor Taylor advised Ms. Drago it was privately owned property and the owner had the right to develop his property. Ms. Drago complained she did not want the noise, traffic or children in the area. She also did not feel the price would be considered affordable for teachers, police or firemen. If the units did not sell, her concern was they would become rentals and have only transient residents. Comrnissioner McCray echoed Mayor Taylor's remarks and added the City was not marketing the development; that would be the responsibility of the owner. Carol Deary, Pine Point Villas, requested an explanation of the difference between residential, multi-family PBC RM to multi-family residential R3. Ms. Zeitler explained it represented a change from the Palm Beach County designation to the City of Boynton Beach designation limiting density to 10.8 dwelling units per acre. Ms. Deary contended the new designation was not in conformity with the neighborhood because the new project included two-story buildings and had a higher density. Ms. Zeitler pointed out the zoning and density would be the same as the Pine Point Villas. Mr. Miller pointed out the cemetery mausoleum and Sam's Club were both higher than one story. Commissioner McCray added the hotel off of Hypoluxo Road was multi-story creating a step down in height from Hypoluxo Road to the one-story single family homes. John Codella, 3311 Loren Road, Pine Point Villas, contended drainage could be problematic for Pine Point Villas if not properly constructed. He also felt the traffic flow would create congestion on Seacrest and the parking for the homes was inadequate. This supported the contention that the density was too high. Mr. Miller responded to the concerns and asserted the owners were simply corn plying with the City's desire to grow and it was a parallel change in zoning. The height difference would offer a transition north to south and east to west. He emphasized the traffic study indicated a low impact and the number of parking spaces exceeded the Code requirement. Mr. Miller explained the density was needed to maintain the affordable housing aspect of the project. Mr. Bressner suggested adding a condition of approval that all prospective buyers be made aware before purchasing the units, that there was no guarantee that the 1-95 noise reduction wall would 9 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 be constructed to the northern end of the property. Mr. Miller agreed to the additional condition of approval. Attorney Cherof read Proposed Ordinances 06-093, 06-094 and 06-095 by title only. Motion Comrnissioner McCray moved to approve proposed Ordinance 06-093. Commissioner McKoy seconded the rnotion. Vote City Clerk Prainito called the roll. The vote was 4-0. Motion Corn missioner McCray moved to approve Proposed Ordinance 06-094. Cornrnissioner Rodriguez seconded the rnotion. Vote City Clerk Prainito called the roll. The vote was 4-0. Motion Comrnissioner McKoy moved to approve Proposed Ordinance 06-095. Cornmissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Motion Commissioner McCray moved to table item VIII.C to January 16, 2007. Commissioner Rodriguez seconded the rnotion. The rnotion passed unanimously. D. Project: Agent: Owner: Location: Description: North General Center of Medicine (ZNCV 07-002) Roy Dunworth, Dunworth Construction, Inc. Dr. Jean Renelien, United Medical Enterprises, Inc. West side of Federal Highway, south of the C-16 canal Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.D.3, requiring a rninimum lot depth of 100 feet, to allow a variance of 18 feet and an approximate lot depth of 82:f: feet for a proposed commercial/office developrnent within the C-4 (General Commercial) zoning district. E. Raymond Barry, architect for the project, was present on behalf of the applicant. Attorney Cherof asked for an overview of the necessity for the variance. Gabriel Wuebben, Planner, reported the application met the standards and recornrnended approval based on hardship due to circumstances that are not a result of actions by the applicant. It is the rninimal variance necessary for the best and reasonable use of the land. It would be compatible with the surrounding properties. 10 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 A. Evaluation and ADDraisal ReDOrt Revision. (EAR) 1. Project: Agent: Description: EAR Revision City of Boynton Beach Request to review the revised EAR, which addresses the deficiencies identified by the Department of Community Affairs (DCA) in the original EAR Report. Hanna Matras, Economic Planner, reviewed the item. In December 2005, the City adopted and transmitted to the Department of Community Affairs (DCA), the original Evaluation and Appraisal Report (EAR). The DCA identified some deficiencies, which the City addressed. The DCA informally reviewed the EAR prior to the second transmittal, and to date, no deficiencies have been identified. Specifically, there were problems with the lack of financial visibility analysis of the Comprehensive Plan, which had become a big issue within the State. The amendments that would follow the EAR next year would review the CIP Budget and amend the CIP Element to meet the new requirements. Additionally, they reviewed the changes in Statutes and developed a more extensive analysis of the Comprehensive Plan elements advising which were successful and what issues needed to be addressed. The State suggested the Affordable Housing Element be added to the City's issues, so they were. She advised the report was ready for transmittal to the State and they were reasonably sure the report would meet the States requirements. Ms. Jaskiewicz had a question about the CRALLS (Constrained Roadway at Lower Levels of Service) program as a means of meeting the affordable/workforce housing needs of the City, and about County income studies for affordable housing. Ms. Matras responded the CRALLS program was in effect at Gateway and Congress Avenue and at a link on Old Boynton Road. The price of affordable housing is $287K and Ms. Matras noted, if looking at the income rates given the tax and insurance fees, $287K was not affordable. She explained if an applicant used the City and County subsidies, an applicant could qualify for a mortgage tied to that price. Motion A motion was made by Mr. Cwynar to recommend transmittal of the EAR Revision. Mr. Saberson seconded the motion that unanimously passed. B. Miraflor Annexation 1. Project: Agent: Owner: Location: Description: Miraflor (ANEX 06-009) Bradley Miller of Miller Land Planning Consultant, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Blvd., across from Mentone Rd. Request to annex the subject property (3.87 acres). Bradley 'Miller, the agent for the project, was put under oath, along with others not previously sworn in. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 Chair Wische read the request for the annexation. Kathleen Zeitler, Planner, explained the applicant was requesting to annex the project and change the Future Land Use classification from Palm Beach County Institutional to High Density Residential at 10.8 du (dwelling units) per acre maximum, and to rezone from Multi-family Residential, Palm Beach County, to Multi-family Residential R-3 in the City. Staff reviewed the project according to the criteria for rezoning and Land Use amendments and recommended approval contingent upon the request being consistent with the objectives of the City's Annexation Program and Comprehensive Plan including concurrency. The request was consistent with the surrounding developments, especially the properties to the south, Pine Point Villas. Mr. Miller was in agreement with the staff report and recommendations. Chair Wische opened the floor to public hearing. Mary Drago, Pine Point Villas resident, had several questions. She asked how the project would benefit Pine Point Villas. She advised she would like to see the development to the east of their homes improved. She asked if the board approved the request, whether trees could be planted to screen the structures and if the project would affect the FPL lighting on their development. She also inquired when the project would commence. Chair Wische responded, once approved for annexation, the site plan would address those questions. He referred Ms. Drago to the applicant. Ms. Drago spoke against the annexation and asked if there was anything they could do to prevent the project. John Kadella, 3311 Warren Rd., Unit D, Pine Point Villas requested staff provide background information on what the zoning was before the property was sold and how staff viewed it as being beneficial to Boynton Beach. He presumed the land was being annexed into the City. Ms. Zeitler explained the subject property was located in an unincorporated area of the county and that had an Institutional Land Use Classification. The current zoning was Multi-family Residential, which was the sarne thing they were asking for in the City. By annexing the property into the City, the property became consistent with the Multi-family residential zoning and would carry the same residential restrictions Pine Point Villas had. Mr. Kadella asked about the property across the street and the zoning along the City boundary lines. He inquired if there were a lesser zoning status on the east side of the road and the R-1 versus the Multi-family High Density zoning. Ms. Zeitler explained the property on the east side of the road was built as Single-family residential. The property south of Mentone Road and zoned R-l Single-family residential, is in the City, and the property to the north of Mentone Road was zoned R-3 in the County. There were other individuals wanting to speak to this application, who were not previously sworn in. Attorney Tolces administered the oath to those persons who would be testifying. 4 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 Ms. Rose Williams, 100 Bayview Avenue in Pine Point Villas, asked how a road could be installed and the units be built when there was a 90-ft wide easement. Ms. Zietler explained there was a 160-ft easement along Seacrest. Chair Wische explained the request was for annexation. Mr. Casaine explained to the audience issues regarding the space between the property and issues such as trees and lights, pertain to the site plan portion. The board was currently hearing the annexation. Chair Wische closed the floor to public hearing. Ms. Jaskiewicz commented the property would be developed regardless of whether it was in the County or the City. She indicated annexing the property into the City was to the City's benefit because they could impose controls such as landscaping, barriers and other issues. Mr. Blehar asked if staff developed a rough cost analysis on levels of service and taxes. Ms. Zeitler explained they review the per capita gallons of potable water and sewer, as well as school and traffic concurrency. Other departments such as Fire and Police review the requests to ensure they have sufficient levels of service to meet the new demands. A cost and tax comparison was not made. He thought in the future, that information might be beneficial. Mr. Rumpf explained more elaborate analysis were conducted when annexations were not simple, or rather when the property was not contiguous, or questions whether the annexation meets state law are raised. They were working on a fiscal model that was being promoted throughout the State in connection with the DCA Comprehensive Planning efforts. He anticipated in the future they may be able to provide a more standardized program. At the moment, the projects were only reviewed to provide service. Additionally, the properties they deal with were basically within the City's reserve annexation area, which most of the time would produce positive figures for revenue versus cost. Mr. Rumpf indicated they could not specifically list benefits to Pine Point Villas, but he did indicate the City was a smaller jurisdiction than the County and they could pay closer attention to individual developments than Palm Beach County. The City has high regard for adjacent projects and developments. He advised, workforce housing and housing in general was an issue for the City, and this project could provide it on a small-scale basis. Additionally, the project would generate tax revenues. Motion Ms. Jaskiewicz moved to approve the annexation. Mr. Casaine seconded the motion that unanimously passed. B. Miraflor Land Use Amendment/Rezoning 2. Project: Agent: Owner: Location: Miraflor (LUAR 06-022) Bradley Miller of Miller Land Planning Consultant, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Blvd., across from Mentone Rd. 5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL DEVELOPMENT ITEM A.2 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20,2006 (Noon,) 0 0 January 2, 2007 December 18,2006 (Noon) D I2?J January 16, 2007 January 2,2007 (Noon) D 0 February 6, 2007 January 16, 2007 (Noon) D Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office February 20, 2007 February 5, 2007 (Noon) March 6, 2007 February 20, 2007 (Noon) March 20, 2007 March 5, 2007 (Noon) April 3, 2007 March 19,2007 (Noon) o AnnouncementslPresentations D City Manager's Report o Administrative D New Business o Consent Agenda I2?J Legal 0 (') ~ D Code Compliance & Legal Settlements 0 Unfinished Business ~ :::;-< )::ao. -<0 D Public Hearing 0 ::z: Q .." r . CD ~ fTlo RECOMMENDATION: Please place this request on the January 16, 2007 City Commission Agenda under ~;i Legal, Ordinance - Second Reading. The City Commission on January 2,2007, approved that this request under~blici-f Hearing and Legal, Ordinance - First Reading, For further details pertaining to the request, see attached DepaTtl11S1t ~~ Memorandum No, 06-200, ,.:.; ~.~ ~ ("'))> 1"110 ::x: NATURE OF AGENDA ITEM EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: Miraflor (LUAR 06-022) Bradley Miller of Miller Land Planning Consultants, Inc, SCI Funeral Services of Florida, Inc, West side of North Seacrest Boulevard, approximately 0.5 mile south of Hypoluxo Road and immediately north of Pine Point Villas Request to amend the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INST) to High Density Residential (HDR 10,8 du/ac); and DESCRIPTION: Proposed use: Residential development consisting of 40 multi-family townhome units. PROGRAM IMP ACT: FlSCAL IMPACT: ALTERNATIVES: N/A N/A N/A --4Monag"", Sign.lure ~ ~ IHA- " Planning and Zoning D~tor City Attorney I Finance S:\Planning\SHARED\WP\PROJECTS\Miraflor\LUAR\Agenda Item Request Miraflor LUAR 06-022 amend I-I 6-07 ,doc Assistant to City Manager ~ S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM ,DOC 1 ORDINANCE NO. 06-094 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY SCI FUNERAL SERVICES OF FLORIDA, 8 INC., AND LOCATED ON THE WEST SIDE OF 9 NORTH SEACREST BOULEVARD, 10 APPROXIMA TEL Y 0.5 MILES SOUTH OF 11 HYPOLUXO ROAD AND IMMEDIATELY NORTH OF 12 PINE POINT VILLAS; CHANGING THE LAND USE 13 DESIGNATION FROM INSTITUTIONAL (PALM 14 BEACH COUNTY INST) TO HIGH DENSITY 15 RESIDENTIAL (HDR 10.8 DWELLING UNITS PER 16 ACRE); PROVIDING FOR CONFLICTS, 1 7 SEVERABILITY, AND AN EFFECTIVE DATE. 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 20 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 21 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 22 Comprehensive Planning Act; and 23 WHEREAS, the procedure for amendment of a Future Land Use Element of a 24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 25 WHEREAS, after two (2) public hearings the City Commission acting in its dual 26 capacity as Local Planning Agency and City Commission finds that the amendment 27 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 28 the best interest of the inhabitants of said City to amend the aforesaid Element of the 29 Comprehensive Plan as provided. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 31 CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated s:\ca WP\ORDINANCES\2006\06-094 - Miraflor - Future Land Use Amendment.doc 1 herein by this reference. 2 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 3 following: 4 That the Future Land Use ofthe following described land located on the west side of 5 North Seacrest Boulevard, approximately 0.5 miles south ofHypoluxo Road and immediately 6 north of Pine Point Villas; changing the land use designation from Institutional (Palm Beach 7 County INST) to High Density Residential (HDR 10.8 dwelling units per acre). 8 SITUATED IN THE COUNTY OF PALM BEACH AND STATE OF FLORIDA, AND KNOWN AS 9 BEING A PART OF THE REPLA T OF PART OF LINCOLN OF LINCOLN MEMORlAL GARDENS 10 AS RECORDED IN PLAT BOOK 25, PAGE 225, AND FURTHER DESCRIBED AS FOLLOWS: 11 12 BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A PARCEL OF LAND AS 13 CONVEYED TO PALM BEACH COUNTY CEMETERY CORPORA nON IN VOLUME 4784, PAGE 14 360, SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY LINE OF SEACREST 15 BOULEVARD, A V ARlABLE WIDTH PUBLIC RIGHT OF WAY; 16 17 THENCE, NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT; 18 THENCE, NORTH 01 DEG. 01' 59" EAST, 196.13 FEET TO A POINT; 19 THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT; 20 THENCE, NORTH 01 DEG. 01' 59" EAST, 19.03 FEET TO A POINT; 21 THENCE, SOUTH 87 DEG. 30' 46"EAST, 148.72 FEET TO A POINT; 2 2 THENCE, NORTH 01 DEG. 01' 59" EAST, 12.00 FEET TO A POINT; 23 THENCE, SOUTH 87 DEG. 30' 46" EAST, 326.39 FEET TO A POINT; 24 THENCE, SOUTH 01 DEG, 01' 59" WEST, 2,74 FEET TO A POINT; 25 THENCE, SOUTH 87 DEG, 30'46" EAST, 33.81 FEET TO A POINT; 26 THENCE, SOUTH 01 DEG. 01' 59" WEST, 156,13 FEET TO A POINT; 27 THENCE, SOUTH 87 DEG. 30' 46" EAST, 81.83 FEET TO A POINT; 28 THENCE, NORTH 02 DEG. 29'14" EAST, 93.00 FEET TO A POINT; 29 THENCE, SOUTH 87 DEG. 30' 46 EAST, 92.00 FEET TO A POINT ON THE WEST RIGHT OF WAY 30 LINE OF SAID SEACREST BOULEVARD, SOUTH 02 DEG. 29' 14" WEST, 161.27 FEET TO THE 31 POINT OF BEGINNING AND CONTAINING 3.87 ACRES (168,650 SQ. FT.) OF LAND. 32 33 34 Subject to easements, restrictions, reservations, covenants and 35 rights of way of record. 36 37 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 38 Future Land Use Plan shall be amended accordingly. 39 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. S:\CC\WP\ORDINANCES\2006\06-094 - Miraflor - Future Land Use Amendment.doc 1 Section 5: Should any section or provision of this Ordinance or any portion thereof be 2 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 3 remainder of this Ordinance, 4 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 5 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 6 Land Development Regulation Act. No party shall be vested of any right by virtue of the 7 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 8 including appeals, are exhausted. In the event that the effective date is established by state law or 9 special act, the provisions of state act shall control. 10 FIRST READING this 2nd day of January, 2007. 11 SECOND, FINAL READING and PASSAGE this _ day of ,2007. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: 29 30 31 City Clerk 32 33 (Corporate Seal) 34 Mayor - Jerry Taylor Vice Mayor - Robert Ensler Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner - Carl McKoy S:\CC\WP\ORDINANCES\2006\06-094 - Miraflor - Future Land Use Amendment.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 06-200 TO: Chairman and Members Planning and Development Board and City Commission Kathleen Zeitler ~ Planner ,~ Michael W. Rump~ Director of Planning and Zoning FROM: THROUGH: DATE: November 21, 2006 PROJECT NAME/NUMBER: Miraflor at Boynton Beach / ANEX 06-009, lUAR 06-022 REQUEST: To annex the property, reclassify from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 du/ac) and rezone from Residential, Multi-Family (Palm Beach County RM) to Multi-Family Residential (R-3). PROJECT DESCRIPTION Property Owner: SCI Funeral Services of Florida, Inc. Applicant! Agent: Miraflor at Boynton Beach, LLC / Miller land Planning Consultants location: West side of North -Seacrest Boulevard, approximately 0.5 mile south of Hypoluxo Road and immediately north of Pine Point Villas (see location Map - Exhibit "A'). Parcel Size: 3.87 acres (168,650 square feet) Existing Land Use: Institutional (Palm Beach County INST) Existing Zoning: Residential, Multi-Family (Palm Beach County RM) Proposed land Use: High Density Residential (HDR 10.8 dwelling units per acre) Proposed Zoning: Multi-Family Residential (R-3) Proposed Use: 40 townhomes Page 2 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach Adjacent Uses: North: Cemetery (Palm Beach Memorial Park) in unincorporated Palm Beach County classified Institutional (INST) and zoned Residential, Multi-Family (RM); South: Townhomes (Pine Point Villas Condo) classified High Density Residential (HDR) and zoned Multi-family Residential (R-3); East: Right-of-way for North Sea crest Blvd, and farther to the east j southeast, single-family residential homes (Rolling Green Ridge subdivision) classified Moderate Density Residential (MOOR 7.26 dujac) and zoned Single-Family Residential (R-1); and farther to the east / northeast, single-family residential homes (San Castle subdivision) in unincorporated Palm Beach County classified Medium Density Residential (MR-5) and zoned Residential, Multi- family (RM). West: Right-of-way of Interstate-95, and farther west, single-family residential homes in unincorporated Palm Beach County classified Low Residential (LR-2) and zoned Residential, Single-Family (RS). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation, land use amendment, and rezoning for the following reasons: 1. The request is consistent with the objectives of the Citts annexation program; 2. The requested land use amendment is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 3. The requested land use and zoning are consistent with surrounding development; 4. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 5. The proposed development will contribute to the overall economic development of the City. PROJECT ANALYSIS Mr. Bradley Miller, agent for the property owner sa Funeral Services of Florida, Inc., is proposing to annex 3.87 acres and amend the future land use to High Density Residential and rezone to Multi- family Residential. The subject property is located on the west side of North Seacrest Boulevard approximately one-half (0.50) mile south of Hypoluxo Road. The parcel has 161 feet of frontage on Seacrest Boulevard, a depth of 857 feet, and is situated between Palm Beach Memorial Park (in unincorporated Palm Beach County) and Pine Point Villas (in the City). Mr. Hector Sardina, Managing Member of Miraflor at Boynton Beach, LLC and contract purchaser, is proposing a total of Page 3 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach 40 town homes on the subject parcel, to be constructed in one (1) phase, and completed by October, 2008. The subject property was originally part of the Palm Beach Memorial Park Cemetery, and slated as a future expansion area of the cemetery. The applicant's project description states that a recent sale of the Memorial Park subdivided this unused parcel from the original cemetery parcel. The property owner has submitted a notarized Affidavit which states that the subject property "has never been used for burial sites, had never contracted to sell plots for burial, nor used for crematory purposes". This property is located within a future annexation area of the City. Accornpanying this request for voluntary annexation are requests to amend the Future Land Use Map of the Comprehensive Plan to classify the annexed land as "High Density Residential", to rezone this property to Multi-family Residential (R-3), and for new site plan approval. The proposed zoning would provide for the construction of 40 town home units with a gross density of 10.34 dwelling units per acre. Because the subject property is less than ten (10) acres, the Florida Department of Comrnunity Affairs (DCA) classifies this as a "small scale" land use arnendment. Unlike a "large- scale" amendment of ten (10) acres or more, a "small-scale" amendment is adopted prior to forwarding to the DCA, and is not reviewed for compliance with the state, regional, and local comprehensive plans prior to adoption. Site Plan Concurrent with this request for annexation, land use amendment, and rezoning, the project will require a site plan approval and boundary plat approval prior to the issuance of any building permits for the project. The site plan submitted for the proposed townhouse development indicates one (1) internal private cul-de-sac street with direct access to Seacrest Boulevard. A total of five (5) buildings are proposed, each being two-story. A total of eight (8) townhouse units would be located within each building. Each dwelling unit would include three(3) bedrooms, three (3) bathrooms, and a one (l)-car garage. The townhouse units would be marketed as workforce housing, and owned condominium-style. The dwelling units would be individually owned, however the remainder of the development, including buffers, parking spaces, tot-lot with gazebo, and dry detention areas would be common areas, owned and maintained by the homeowners association. Review Based on Criteria The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be mnsistent with applicable comprehensive plan polides induding but not limited to, a prohibition against any increase In dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also remmmend limitations or reqUirements, which ~~M~rooo~~ooW~~t.~~~MM~p~~m orrler ro comply with policies contained In the comprehensive plan. Page 4 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach The subject property is not located in the hurricane evacuation zone, therefore the referenced policy is not applicable; however, other applicable objectives and policies contained in the comprehensive plan include: Policy 1.17.5 The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhood~ by preventing conversions to higher densitie~ except when consistent with adjacent land uses, or with implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment Master Plan. The subject property is located in the City's future annexation area, and is located outside the area of the City covered by the Boynton Beach 20/20 Redevelopment Master Plan. The proposed project is similar in density and type of development to the adjacent residential development to the south (Pine Point Villas). Therefore it is consistent with the directions of Policy 1.17.5. Policy 1.19.1 The City shall continue efforts to encourage a full range of housing choices, by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use Elements" The provision of multi-family housing, as proposed on this site, is seen as a recent trend in the City to develop smaller parcels with infill residential development (multi-family projects and townhouses), thereby increasing the range of housing choices available to the market, and providing consistency with Policy 1.19.1. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelate.d to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent development and zoning in the area. The proposed project is for a multi-family residential community that is complimentary to the development patterns in the area along the Seacrest Boulevard corridor, especially adjacent development to the south. c. Whether changed or changing conditions make the proposed rezoning desirable. The proposed land use amendment and rezoning are the minimum changes to the property, to naturally accompany the annexation of this property from Palm Beach County. The proposed amendment is consistent with the future land use classification as recommended on the Future Land Use Map for this unincorporated area, and is consistent with surrounding land uses and zoning, both in the Oty and the adjacent unincorporated area. d. Whether the proposed use would be compatible with utility systems, roadways, and other public fad/ities. Page 5 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach The proposed land use amendment and rezoning is compatible with utility systems, roadways, and public facilities. Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 17,200 gallons for water and 7,740 GPCD for sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10- year planning period. The traffic study prepared by the applicant's consultant indicates the project anticipates a traffic generation rate of 280 new trips per day, with available roadway capacity on Sea crest Boulevard. The Palm Beach County Traffic Division has reviewed and approved the project for traffic concurrency and notes a project build-out date of 2009. The School District of Palm Beach County has determined that adequate capacity exists to accommodate the projected student population generated from the proposed project. Lastly, drainage will also be reviewed in detail as part of the review of the building permit application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the Proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The compatibility of the requested land use designation and rezoning has been discussed above. Adjacent development (Pine Point Villas) represents high density residential development at a similar density. The current use within the adjacent development to the south is multi-family residential, similar to the proposed project. The density of the proposed development is 10.34 dwelling units per acre (du{ac), slightly less than the maximum density of 10.8 du{ac allowed in the High Density Residential classification. The residential development to the northeast (San Castle subdivision) in unincorporated Palm Beach County is similarly zoned Residential, Multi-family (RM). f. Whether the property is physically and economically developable under the existing zoning. The subject site was historically set aside as a future expansion area for the cemetery, and sold off as a separate parcel. There is a conflict between the existing County Institutional (INST) land use classification and the County Residential Multi-family (RM) zoning district currently on the subject property. The applicant intends to have the subject property annexed, reclassified, and zoned under the City's jurisdiction. The proposed development would be similarly classified and zoned as the contiguous property to the south. g. Whether the Proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the dty as a whole. The proposed land use amendment and rezoning will allow for development of mUlti-family town homes at a scale comparable, consistent, and compatible with adjacent existing development. The size of the subject parcel wll/ afford a development similar in nature to Page 6 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach surrounding residential development, and will contribute to the range of housing opportunities available in the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The subject property is located in the City's annexation area. Both the type of housing (multi- family attached) and density (10.34 units per acre) proposed for the development is consistent with adjacent development in the City. There are very few comparable-sized vacant parcels within the City which could accommodate such a development, and which also support the objective to provide housing units at less than market prices. CONCLUSIONS/RECOMMENDATIONS In conclusion, and as indicated herein: 1. This request is consistent with the objectives of the City's annexation program; 2. The requested land use amendment is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 3. The requested land use and zoning are consistent with adjacent development; 4. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 5. The proposed development will contribute to the overall economic development of the City. In addition, the proposed site plan meets the minimum requirements of the City's Land Development Regulations. Therefore, staff recommends approval of the request for annexation, land use amendment, and rezoning subject to satisfying all recommended conditions (see Exhibit "c" - Conditions of Approval). If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "C". ATTACHMENTS S:\Pfannlng\SHARED\ WP\PROJECT5\Mlraflor\LUAR\STAFF REPORT.doc Exhibit "A" - Miraflor Location Map I . ~~ SITE ~I f-~~L_~ II_.~=--= ..-- "--- [-~t--~ r- ?1-t f.{ L.1- r~i-~-L1l I I J-1- _ r-"-1 I r i I I f I - L ! I.. LI-L-l_U_L FICUS -TREE /'-i'T' '!~--r-''---'--''----r--r- '\--~L Ii -- City BorderU. I~l ,,'! I;) I I' '11 ; ! ; I r i .1 I Ii! I j I ~l MENTONE f I I I f r--! ~ >- W ...J ...J ~ "'- UJ o Q.; ~ z W II: o ...J I J COUNTRYi .,~ "'~ / r--- 09' --- t- D 1!----'sH, .r f J"I ~ LTIJ"'~-R: I~dg) ~-t~ml' I y- ~ est en la 1---- m I \. I PALM ~ULUL ( H3 - lV1ulti!famil~ Besiaential r-- LO (J) PINE POINT w ~ t-' l/) II: ::.J J .J J: .0; W (!) ::.:: 0 II: ir BAYVIEW ~ / I I :----. / ~ -- - -f- I I z < w r---o w 0 (!) ~ z- ;i r-- Or--_ o i= z :5 ~ t--- - ~ ARTHUR f--- - . r--- r---- =rr 11~~ J ( I , I I I I I \-'\\~ /'" . ~ .J ~ r---- I I . 300 150 , o 300 600 N 9Q,P+.1,200 . 'Feet s -< :t> n ~j~ ~J-< 5~-u fI.K':::C ~~~ oM ~ -< EXHIBIT 'B~ ~t.':.c~:-r.:.~~':;I" ,,_:.\ t'cS~ ..,,~w~lmi'lai!ll!l:i;i!t~ __~. ~_m_ __~!;~~!~!;=: jiii!:S:U:'1 }iI ,-!~. [ II iili!!l!I!!i1hllilill /" r~_ ".,/ -- .... -- :5!limU!:ii'IAilli;;~ ; 4g &:, *~~ ;!:!!li!l!ill&!!~Jllsllli ( -- '> r@'< ~ !!l ~:s~3i!51'! gilll fl ~ ., ".>.yyJ ~ ~ .~. ~nll;!III"I:,iAMlf~r ~:~'::'~'Z~ ~J ;; ~ ~ H~A~illl!li lll!llllil~A \ b" ,. d. ~fil '!6~,'!~{;;:~ge ... \) )~ ~~hha;l h~~iil~~~lie /;,~ iI ~i~:lak~;i~~I$!Ul~II~ ". / / -\ ~hp ~~ "I ~A ~iid'l~ / ( ~~ "0 ~ 8~ ~~ ~gl~ii~ ~~~ ~'i.J ___~___,'~ j An U- .~ , ~"., ~iuj:: ii ~jQAI:~ ~I i .,~!.,l!; !I~h~ h idli! ~e ~p~~J. ~I .~ iii ~J:5=1~ ~Ullli hi:B~: ;il!!11 'i~"u~ ~!i;!! ~-'~ '<", ~ g .~!~;~ i tiim~1 t: q; I ~- ,~o~ ,S ~ . "~~ ~ ~i' ~'i . .~ I . ~-'.> -~ ,(') Q~ 1;. .' ~.lr" m: 1!lql;~ !i :!!!i fi!:; ; ii El !:ll; ~ ~ I iA il~~;' BJ' a ~~ ~~ i~Ja ~! Sa' i l'U ih~1 ~~ ~! I'''; 2; iii ~ 1m ~'AI ~~ ,S iii, ;; ill i ;ili ;:I~i \il !- !~I~ ;2 wI ~ Q~~S ~I~~ ~i~g II 1m ~ ~a~A a~~~ ~!;; s! !! I i~~i iill .i .!~. d .~. iP", ~~"'.... !;~:llljlililjlii ;JiEi i!~ i j~:;!!!!!!!!!!!!! '1'58; ;i ~ i:ftl;::m;~;~;~: ~il~! h; E~ if J ~ ~~~i~~~~~i~i~~~~i ii~ ,. ~~. ;i '''~ iJ~i:~~l:~I!-ji-ii~!U ~i ~S ili: ali . 81:"-~1i8,,iit"l: ~~ .~ ~~ ji .~ ililil!lBBi!lilB!li!8~ I~; iI. q~ """""~""""""~ ..I;q ~ ~~ - >, "~............. 5li'!' ~ p~ '>>',,~ i~ !nJtlljJUjl=;;~ ~~ it~ 5g .. sliaq ~. s I, ~ fa~ ) ~g ! :bi ~! } '<." ~( U r; Jti ~~i ~~s 8~ ". ~5 .2 . . '.. '>, ". o _~ ~ ;8 ~S ~, -i ="'''~ ; ~ I : I ,. l:l c n =;;'.,,11 ~ k!t"lxz:1 I~P"'~,E~~ I :: 1: i tc I -0 ~ l> """ >> '. 5(111)1':>,..,. 156.U' ~ l . 'b :: :::d . - Ii -! ~ ~- ::ti!;K~i Tl~ aO~ "", () ~ ~ . W! fll UIJj ~ = .!I I! l~tJ[ fml,;;: fit !i i'f,flg. ~fl; hi fi . _ f ~e2~ III If IHI] ~~~~i! If II iB~ i1 .j, Iii If I e I. I f" ~ ~ !. Hi ii Hf rfr. ~ ~ .~-! lI'~ ~ H i I,rl "'-:. ~ ~ .'. " h '" '~ "> ~~ ~ :~ ~ ~z~. 'ff 'Ii .~ =i1 f .... 1tD2"29'14., '1.00' ''I. <(,.> qmf ft RTf ~ ~ i III - vi I ~ . s. , i , , I[ I ., ~ iI . IJ ~ f ~ ~! ~ Ii_ , II 4 ! '- ~H~il.nuurn"r i' 3Ul~I~I~~dlllu~~11 li!f~rlllil,ll illW lUll gl~llI~ !dh I ,! ~2 ull;,fIUII ! 'lS~ ~~! II ~ 'mlll!liilI11i 1IIIIIn!li~ ~';Ii'il~ I~ l~i~95 liD 1'!llliI111Ilillljffl I 'I' I II, If 11111I!1 .. ~1!Ug ~ig~~ iUI HIHH HUH ~f,,'q Ii ~fl [ ~s~ ~ ; ~ q ~ ! l~ f I lIl~ i ~ ! - = f - ~ - .!- !lOi~~l>1 j;!:"1" ti ll~ll & iJi !C:,.%:!;~ s: ':!: F Q5 wu. EI lRI ~KI~ .'1 J. ;g F6 0: !I r[!1 tfU ~hl J. I : ~ '@ ii U SQ :~ iU1I'I nff Hnf! flUfff if ;1 'iff ~- nli n. [dUH[ J ([ il {E Ii j ni ii' ~ i I - 'I. i. II _ Ii .... ~~;:~ f !~; ~~;i~~ li! II =} -1 : H '!l'!lH i =...... ...~........... B~ I I g ~~ ~/i;;ll:~iir - I I ~ l! Z ~ ~ ~~ ~ ~ n ~ - I = ~i ~ I ~ l; - - .... ~tl~~ e;:i E ~ I I>> ~ ~~:i ~~&~ii ~ih 1:~ Ii ~I I. I I ~ l I! f I~ I' sur I ........ I " ~~ ~ l!tll I!r II I l I s I I -.... EXHIBIT liB" I i I I I ;j! Ilq id '/ ~ '/ ~ r CIty of IoynIon Beach. Fblda J if:fllr:;~ ~:~rl '/':1'/ lit siif. II', f!lll'" I bi 'll u I i!fl 'If I,,, II ~ iJ .!J 111 1 . Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 a Floridan Aquifer well field, East Water Treatment Plant expansion (EPX), Stage 1 Project. D. Approve full release of surety for the project known as Safe & Secure Self Storage of Boynton Beach, in the amount of $72,180.90 and to return the original letter of credit no. 182060-100 from Fidelity Federal in this amount to the developer, the Pugliese Company. Motion Commissioner McKoy moved to approve all items in the consent agenda. Commissioner McCray seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: A. Approve payment of settlement from continuing negotiations in the amount of $75,000 in the case of Roy and Christi Hernandez vs. City of Boynton Beach, et al. Motion Commissioner McCray moved to approve item VILA. Commissioner Rodriguez seconded the motion. The motion passed unanimously. B. Approve the Code Compliance Board's November 15, 2006 decision to reduce the lien in Case 04-1890 from $14,043.24 to the City's administrative costs of $1,018.24. Motion Commissioner McCray moved to approve item VILB. Commissioner McKoy seconded the motion. The motion passed 3-1. (Commissioner Rodriguez dissenting) VIII. PUBUC 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. Attorney Cherof administered an oath to all those intending to testify on any of the matters for public hearing. He explained the procedure to be followed. A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owner: Location: Miraflor (ANEX 06-009) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Boulevard across from Mentone Road Request to annex the subject property (3.87 acres). (1st Reading Proposed Ordinance No. 06-093)(Tabled to January 2, 2007) Miraflor (LUAR 06-022) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Boulevard across from Mentone Road 7 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Description: Request to amend the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 dujac) (1st Reading Proposed Ordinance No. 06-094) (Tabled to January 2, 2007) Request to rezone from Residential, Multi-family (PBC RM) to Multi- family Residential (R-3) (1st Reading Proposed Ordinance No. 06-095) (Tabled to January 2, 2007) Proposed use: Residential development consisting of 40 multi-family townhome units. c. Project: Agent: Owner: Location: Description: Miraflor (NWSP 06-027) Bradley Miller, Miller land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Boulevard across from Mentone Road Request for new site plan approval to construct 40 town homes and related site improvements on 3.87 acres in the R-3 Multi-family Residential zoning district. (Tabled to January 2, 2007) Motion Commissioner McCray moved to remove items VIlLA, VIII.B and VIII.Cfrom the table. Commissioner McKoy seconded the motion. The motion passed unanimously. Attorney Cherof requested all items regarding Miraflor be consolidated for hearing. Bradley Miller, Miller Land Planning Consultants, Inc., agent for the owner, acquiesced to the request. Attorney Cherof pointed out the annexation was not a quasi-judicial hearing, rather a legislative decision by the Commission. Kathleen Zeitler, Planner, located the property and reviewed the requests. She indicated staff recommended approval of the annexation, amendment of the land use and the rezoning. Mr. Miller added the ultimate plan for the City was to annex properties up to Hypoluxo Road and the 3.87 acres would be in furtherance of that goal. The site plan included five buildings of eight units each. The project would be a non-age restrictive community and provide affordable housing in the area. Mr. Miller advised he had met with the residents of Pine Point and heard their concerns. Commissioner McCray noted the project was adjacent to a cemetery and inquired about any landscaping that would shield the view of the mausoleum. Mr. Miller described the wall and landscape buffering that would be included. He also noted that four of the five buildings had a north to south orientation and would not have a view facing the cemetery. 8 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Mr. Miller added the project included 40 affordable homes, as defined by the county, and would be increasing the tax revenue and revitalizing the housing in the area. He also emphasized the land use would be identical to the Pine Point apartments. Mayor Taylor inquired if the applicant agreed with all 32 conditions of approval. Mr. Miller concurred. Mayor Taylor opened the issue for public hearing. Mary Drago, 311A Country Lane, Pine Point Village, offered her opinion that the project was not needed in the area and preferred the area remained the same. She indicated a petition against the project had been circulated that contained approximately 100 names. Mayor Taylor advised Ms. Drago it was privately owned property and the owner had the right to develop his property. Ms. Drago complained she did not want the noise, traffic or children in the area. She also did not feel the price would be considered affordable for teachers, police or firemen. If the units did not sell, her concern was they would become rentals and have only transient residents. Commissioner McCray echoed Mayor Taylor's remarks and added the City was not marketing the development; that would be the responsibility of the owner. Carol Deary, Pine Point Villas, requested an explanation of the difference between residential, multi-family PBC RM to multi-family residential R3. Ms. Zeitler explained it represented a change from the Palm Beach County designation to the City of Boynton Beach designation limiting density to 10.8 dwelling units per acre. Ms. Deary contended the new designation was not in conformity with the neighborhood because the new project included two-story buildings and had a higher density. Ms. Zeitler pointed out the zoning and density would be the same as the Pine Point Villas. Mr. Miller pointed out the cemetery mausoleum and Sam's Club were both higher than one story. Commissioner McCray added the hotel off of Hypoluxo Road was multi-story creating a step down in height from Hypoluxo Road to the one-story single family homes. John Codella, 3311 Loren Road, Pine Point Villas, contended drainage could be problematic for Pine Point Villas if not properly constructed. He also felt the traffic flow would create congestion on Seacrest and the parking for the homes was inadequate. This supported the contention that the density was too high. Mr. Miller responded to the concerns and asserted the owners were simply complying with the City's desire to grow and it was a parallel change in zoning. The height difference would offer a transition north to south and east to west. He emphasized the traffic study indicated a low impact and the number of parking spaces exceeded the Code requirement. Mr. Miller explained the density was needed to maintain the affordable housing aspect of the project. Mr. Bressner suggested adding a condition of approval that all prospective buyers be made aware before purchasing the units, that there was no guarantee that the 1-95 noise reduction wall would 9 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 be constructed to the northern end of the property. Mr. Miller agreed to the additional condition of approval. Attorney Cherof read Proposed Ordinances 06-093, 06-094 and 06-095 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance 06-093. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Motion Commissioner McCray moved to approve Proposed Ordinance 06-094. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Motion Commissioner McKoy moved to approve Proposed Ordinance 06-095. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Motion Commissioner McCray moved to table item VIII.C to January 16, 2007. Commissioner Rodriguez seconded the motion. The motion passed unanimously. D. Project: Agent: Owner: Location: Description: North General Center of Medicine (ZNCV 07-002) Roy Dunworth, Dunworth Construction, Inc. Dr. Jean Renelien, United Medical Enterprises, Inc. West side of Federal Highway, south of the C-16 canal Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.D.3, requiring a minimum lot depth of 100 feet, to allow a variance of 18 feet and an approximate lot depth of 82~ feet for a proposed commercial/office development within the C-4 (General Commercial) zoning district. E. Raymond Barry, architect for the project, was present on behalf of the applicant. Attorney Cherof asked for an overview of the necessity for the variance. Gabriel Wuebben, Planner, reported the application met the standards and recommended approval based on hardship due to circumstances that are not a result of actions by the applicant. It is the minimal variance necessary for the best and reasonable use of the land. It would be compatible with the surrounding properties. 10 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 Ms. Rose Williams, 100 Bayview Avenue in Pine Point Villas, asked how a road could be installed and the units be built when there was a 90-ft wide easement. Ms. Zietler explained there was a 160-ft easement along Seacrest. Chair Wische explained the request was for annexation. Mr. Casaine explained to the audience issues regarding the space between the property and issues such as trees and lights, pertain to the site plan portion. The board was currently hearing the annexation. Chair Wische closed the floor to public hearing. Ms. Jaskiewicz commented the property would be developed regardless of whether it was in the County or the City. She indicated annexing the property into the City was to the City's benefit because they could impose controls such as landscaping, barriers and other issues. Mr. Blehar asked if staff developed a rough cost analysis on levels of service and taxes. Ms. Zeitler explained they review the per capita gallons of potable water and sewer, as well as school and traffic concurrency. Other departments such as Fire and Police review the requests to ensure they have sufficient levels of service to meet the new demands. A cost and tax comparison was not made. He thought in the future, that information might be beneficial. Mr. Rumpf explained more elaborate analysis were conducted when annexations were not simple, or rather when the property was not contiguous, or questions whether the annexation meets state law are raised. They were working on a fiscal model that was being promoted throughout the State in connection with the DCA Comprehensive Planning efforts. He anticipated in the future they may be able to provide a more standardized program. At the moment, the projects were only reviewed to provide service. Additionally, the properties they deal with were basically within the City's reserve annexation area, which most of the time would produce positive figures for revenue versus cost. Mr. Rumpf indicated they could not specifically list benefits to Pine Point Villas, but he did indicate the City was a smaller jurisdiction than the County and they could pay closer attention to individual developments than Palm Beach County. The City has high regard for adjacent projects and developments. He advised, workforce housing and housing in general was an issue for the City, and this project could provide it on a small-scale basis. Additionally, the project would generate tax revenues. Motion Ms. Jaskiewicz moved to approve the annexation. Mr. Casaine seconded the motion that unanimously passed. B. Miraflor Land Use Amendment/Rezoning 2. Project: Agent: Owner: Location: Miraflor (LUAR 06-022) Bradley Miller of Miller Land Planning Consultant, Inc. SCI Funeral Services of Florida, Inc. West side of North Sea crest Blvd., across from Mentone Rd. 5 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 Description: Request to amend the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 dufac); and Request to rezone from Residential, Multi-family (PBC RM) to Multi-family Residential (R-3) Proposed use: Residential development consisting of 40 Multi-family townhome units. Ms. Zeitler reviewed the request and recommended approval of the Land Use Amendment and Rezoning. Chair Wische opened the floor to public hearing. Ms. Drago asked when the zoning was changed if it would be just for Multi-family. Ms. JaskiewiCZ confirmed it would. Chair Wische closed the floor to public hearing. Motion Mr. Saberson moved to approve the Land Use and Rezoning. Ms. JaskiewiCZ seconded the motion. Mr. Blehar explained he had issues with the site plan, with the architecture, and several issues relative to circulation. He thought the only muscle the City had to make the changes was a refusal to allow the rezoning. He announced he would vote against it. Vote The motion passed 6-1. (Mr. B/ehar dissenting). B. Miraflor New Site Plan 2. Project: Agent: Owner: Location: Description: Miraflor (NWSP 06-027) Bradley Miller of Miller Land Planning Consultant, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Blvd., across from Mentone Rd. Request for new site plan approval to construct 40 townhomes and related site improvements on 3.87 acres in the R-3 Multi- family Residential Zoning. Chair Wische read the request and asked the applicant whether he agreed with the conditions of approval. Mr. Miller agreed with the conditions and gave a presentation. The parcel was separated from the cemetery. The Land Use and Rezoning would be consistent with the Pine Point Villas community to the south. The project was comprised of 40 townhomes consisting of five buildings with eight units each. 6 / r(;>~ \~ Y CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL DEVELOPMENT ITEM A.3 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl!: Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office D December 5, 2006 November 20, 2006 (Noon.) D February 20, 2007 February 5, 2007 (Noon) D January 2, 2007 December 18,2006 (Noon) D March 6, 2007 February 20, 2007 (Noon) ~ January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) D February 6, 2007 January 16,2007 (Noon) D April 3, 2007 March 19,2007 (Noon) NATURE OF AGENDA ITEM D D D D D Administrative AnnouncementslPresentations D D ~ D D City Manager's Report New Business o -.J c... > :z: I W C") n~ =t-< -<0 O""T1 f-[D n10 ;:;0-< :Xz :z:- . RECOMMENDATION: Please place this request on the January 16, 2007 City Commission Agenda ~r ~~ Legal, Ordinance - Second Reading. The City Commission on January 2, 2007, approved this request under PublWIe~ and Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department MeI11Qran~ No. 06-200. W me"') :x: Consent Agenda Legal Unfinished Business Code Compliance & Legal Settlements Public Hearing EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: Miratlor (LUAR 06-022) Bradley Miller of Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc, West side of North Seacrest boulevard, approximately 0,5 mile south of Hypoluxo Road and immediately north of Pine Point Villas Request to rezone from Residential, Multi-family (PBC RM) to Multi-family Residential (R-3), DESCRIPTION: Proposed use: Residential development consisting of 40 multi-family townhome units, PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~ City Manager's Signature Assistant to City Manager ()1t1./' ~ -A./HA... /' Planning and Zoning Direct61 City Attorney / Finance S:IP1anningISHAREDlWPIPROJECTSlMiraflor\LUAR\Agenda Item Request Miraflor LUAR 06-022 rezone 1-16-07.doc S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06-095 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF MIRAFLOR AT BOYNTON 6 BEACH, LLC., AMENDING ORDINANCE 02-013 7 TO REZONE A PARCEL OF LAND LOCATED ON 8 THE WEST SIDE OF NORTH SEACREST 9 BOULEVARD, APPROXIMA TEL Y 0.5 MILES 10 SOUTH OF HYPOLUXO ROAD AND 11 IMMEDIATELY NORTH OF PINE POINT VILLAS, 12 AS MORE FULLY DESCRIBED HEREIN, FROM 13 RESIDENTIAL, MULTI-FAMILY (PALM BEACH 14 COUNTY RM) TO MULTI-FAMILY RESIDENTIAL 15 (R-3); PROVIDING FOR CONFLICTS, 16 SEVERABILITY, AND AN EFFECTIVE DATE. 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 20 and 21 WHEREAS, SCI Funeral Services of Florida, Inc., owner of the property located on 22 the West side of North Seacrest Boulevard, approximately 0.5 miles south of Hypoluxo Road 23 and immediately north of Pine Point Villas in Boynton Beach, Florida, as more particularly 24 described herein, has filed a Petition, through its agent, Miraflor at Boynton Beach, LLC., 25 pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton 26 Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly 27 described hereinafter, from Residential, Multi-Family (Palm Beach County RM) to Multi- 28 Family Residential (R-3); and 29 WHEREAS, the City Commission conducted a public hearing and heard testimony 30 and received evidence which the Commission finds supports a rezoning for the property 31 hereinafter described; and C:\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLKI04\Rezoning - MirafloLdoc 1 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 2 an amendment to the Land Use which was contemporaneously considered and approved at 3 the public hearing heretofore referenced; and 4 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 5 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 7 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 Section 1. The foregoing Whereas clauses are true and correct and incorporated 9 herein by this reference. 10 Section 2. The following described land located at on the West side of North 11 Seacrest Boulevard, approximately 0.5 miles south of Hypoluxo Road and immediately north 12 of Pine Point Villas in Boynton Beach, Florida, as set forth as follows: 13 SITUATED IN THE COUNTY OF PALM BEACH AND STATE OF FLORIDA, AND KNOWN 14 AS BEING A PART OF THE REPLAT OF PART OF LINCOLN OF LINCOLN MEMORIAL 15 GARDENS AS RECORDED IN PLAT BOOK 25, PAGE 225, AND FURTHER DESCRIBED AS 16 FOLLOWS: 17 18 BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A PARCEL OF LAND 19 AS CONVEYED TO PALM BEACH COUNTY CEMETERY CORPORATION IN VOLUME 20 4784, PAGE 360, SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY LINE OF 21 SEACREST BOULEVARD, A VARIABLE WIDTH PUBLIC RIGHT OF WAY; 22 23 THENCE, NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT; 24 THENCE, NORTH 01 DEG. 01' 59" EAST, 196.13 FEET TO A POINT; 25 THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT; 26 THENCE, NORTH 01 DEG. 01' 59" EAST, 19,03 FEET TO A POINT; 27 THENCE, SOUTH 87 DEG. 30' 46"EAST, 148.72 FEET TO A POINT; 28 THENCE, NORTH 01 DEG. 01' 59" EAST, 12.00 FEET TO A POINT; 29 THENCE, SOUTH 87 DEG. 30' 46" EAST, 326.39 FEET TO A POINT; 30 THENCE, SOUTH 01 DEG. 01' 59" WEST, 2.74 FEET TO A POINT; 31 THENCE, SOUTH 87 DEG. 30' 46" EAST, 33.81 FEET TO A POINT; 32 THENCE, SOUTH 01 DEG. 01' 59" WEST, 156.13 FEET TO A POINT; 33 THENCE, SOUTH 87 DEG, 30' 46" EAST, 81.83 FEET TO A POINT; 34 THENCE, NORTH 02 DEG. 29'14" EAST, 93.00 FEET TO A POINT; 35 THENCE, SOUTH 87 DEG. 30' 46 EAST, 92.00 FEET TO A POINT ON THE WEST RIGHT OF 36 WAY LINE OF SAID SEA CREST BOULEVARD, SOUTH 02 DEG. 29' 14" WEST, 161.27 FEET C:\Documents and SettingsIPrainitoJ\LocaJ Settings\Temporary Internet Files\OLKI 04\Rezoning - Miraflor.doc 1 TO THE POINT OF BEGINNING AND CONTAINING 3.87 ACRES (168,650 SQ. FT.) OF 2 LAND. 3 4 5 Subject to easements, restrictions, reservations, covenants and 6 rights-of-way of record. 7 8 e and the same is hereby rezoned from Residential, Multi-Family (Palm Bach County RM) to 9 ulti-Family Residential (R-3). A location map is attached hereto as Exhibit "A" and made a 10 art of this Ordinance by reference. 11 Section 3. That the aforesaid Revised Zoning Map of the City shaH be amended 12 accordingly. 13 Section 4. AH ordinances or parts of ordinances in conflict herewith are hereby 14 repealed. 15 Section 5. Should any section or provision of this Ordinance or any portion thereof 16 e declared by a court of competent jurisdiction to be invalid, such decision shaH not affect 17 he remainder of this Ordinance. 18 Section 6. This ordinance shaH become effective immediately upon passage. 19 FIRST READING this 2nd day of January, 2007, 20 C:\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLK 104\Rezoning - MirafloLdoc 1 SECOND, FINAL READING and PASSAGE this _ day of ,2007, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 A TrEST: 18 19 20 City Clerk 21 22 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Robert Ensler Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner - Carl McKoy C:lDocuments and Settings\PrainitoJ\LocaJ SettingsITemporary Internet FiJes\OLKJ04\Rezoning _ Miraflor.doc DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 06-200 TO: Chairman and Members Planning and Development Board and City Commission Kathleen Zeitler ~' Planner ,V Michael W. Rump~ Director of Planning and Zoning FROM: THROUGH: DATE: November 21, 2006 PROJECT NAME/NUMBER: Miraflor at Boynton Beach / ANEX 06-009, LUAR 06-022 REQUEST: To annex the property, reclassify from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 du/ac) and rezone from Residential, Multi-Family (Palm Beach County RM) to Multi-Family Residential (R-3). PROJECT DESCRIPTION Property Owner: SCI Funeral Services of Florida, Inc. Applicant! Agent: Miraflor at Boynton Beach, LLC / Miller Land Planning Consultants Location: West side of North Seacrest Boulevard, approximately 0.5 mile south of Hypoluxo Road and immediately north of Pine Point Villas (see Location Map - Exhibit "A"). Parcel Size: 3.87 acres (168,650 square feet) Existing Land Use: Institutional (Palm Beach County INST) Existing Zoning: Residential, Multi-Family (Palm Beach County RM) Proposed Land Use: High Density Residential (HDR 10.8 dwelling units per acre) Proposed Zoning: Multi-Family Residential (R-3) Proposed Use: 40 townhomes Page 2 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach Adjacent Uses: North: Cemetery (Palm Beach Memorial Park) In unincorporated Palm Beach County classified Institutional (INST) and zoned Residential, Multi-Family (RM); South: Townhomes (Pine Point Villas Condo) classified High Density Residential (HDR) and zoned MUlti-family Residential (R-3); East: Right-of-way for North Seacrest Blvd, and farther to the east / southeast, single-family residential homes (Rolling Green Ridge subdivision) classified Moderate Density Residential (MODR 7.26 du/ac) and zoned Single-Family Residential (R-l); and farther to the east / northeast, single-family residential homes (San Castle subdivision) in unincorporated Palm Beach County classified Medium Density Residential (MR-5) and zoned Residential, Multi- family (RM). West: Right-of-way of Interstate-95, and farther west, single-family residential homes in unincorporated Palm Beach County classified Low Residential (LR-2) and zoned Residential, Single-Family (RS). EXECUTIVE SUMMARY Staff recommends approval of the requested annexatiOll, land use amendment, and rezoning for the follOWing reasons: 1. The request is consistent with the objectives of the City's annexation program; 2. The requested land use amendment is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 3. The requested land use and zoning are consistent with surrounding development; 4. The request will not create additional impacts on infrastructure that cannot be accommodated by the Oty at present; and, 5. The proposed development will contribute to the overall economic development of the City. PROJECT ANALYSIS Mr. Bradley MUler, agent for the property owner 5Cl Funeral Services of Ronda, Inc., Is pltlpOSjng to annex 3.87 acres and amend the future land use to High Density Residential and rezone to Multi- family Residential. The subjoct property Is located on the west side of NoI1l1 Seaaest Boutevan:l approximately one-half (0.50) mile south of HypoIuxo Road, The parcel has 161 feet of frontage on Seaaest Boulevan:l, a depln of 857 feet, and Is sItuatEd between Palm Beach Memorlal Park On unll1OOlporaled Palm Beach CDunly) and Pine Polnt VIlas (In the Oly). Mr. Hector Sallf..., Managing Member of MlrafIor at Iloynton Beach, u.c and mntlact PUrchaser, Is IJI1lPOSIng a """I of Page 3 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach 40 town homes on the subject parcel, to be constructed In one (1) phase, and completed by October, 2008. The subject property was originally part of the Palm Beach Memorial Park Cemetery, and slated as a future expansion area of the cemetery. The applicant's project description states that a recent sale of the Memorial Park subdivided this unused parcel from the original cemetery parcel. The property owner has submitted a notarized Affidavit which states that the subject property "has never been used for burial sites, had never contracted to sell plots for burial, nor used for crematory purposes", This property is located within a future annexation area of the City. Accompanying this request for voluntary annexation are requests to amend the Future Land Use Map of the Comprehensive Plan to classify the annexed land as "High Density Residential", to rezone this property to Multi-family Residential (R-3), and for new site plan approval. The proposed zoning would provide for the construction of 40 town home units with a gross density of 10.34 dwelling units per acre. Because the subject property is less than ten (10) acres, the Florida Department of Community Affairs (DCA) classifies this as a "small scale" land use amendment. Unlike a "large- scale" amendment of ten (10) acres or more, a "small-scale" amendment is adopted prior to forwarding to the DCA, and is not reviewed for compliance with the state, regional, and local comprehensive plans prior to adoption. Site Plan Concurrent with this request for annexation, land use amendment, and rezoning, the project will require a site plan approval and boundary plat approval prior to the issuance of any building permits for the project. The site plan submitted for the proposed townhouse development indicates one (1) internal private cul-de-sac street with direct access to Seacrest Boulevard. A total of fNe (5) buildings are proposed, each being two-story. A total of eight (8) townhouse units would be located within each building. Each dwelling unit would include three (3) bedrooms, three (3) bathrooms, and a one (l)-car garage. The townhouse units would be marketed as workforce housing, and owned condominium-style. The dwelling units would be individually owned, however the remainder of the development, including buffers, parking spaces, tot-lot with gazebo, and dry detention areas would be common areas, owned and maintained by the homeowners association. Review Based on Criteria The criteria used to review Comprehensive Plan amendments and rezonings are listed in the land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change indudes an amendment to the Comprehensive Plan Future land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan polides Induding but not limited to, a prohibition against any inaease In dwelling unit density exceeding 50 In the hunfcane evacuation zone without wr1tt.en aP/HOval of the Palm Beach County Emergency Planning Division and the aty's risk manager. 7be planning department shall also recommend limitations or requirements, which ~~M~toOOW~MW~U~.~~m~~~m order to comply with policies contaIned In the comprehensive plan. Page 4 ANEX 06-009, LUAR 06-022 MirafJor at Boynton Beach The subject property is not located in the hurricane evacuation zone, therefore the referenced policy Is not applicable; however, other applicable objectives and POl/des contained in the comprehensive plan include: Policy 1.17. 5 The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, or with implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment Master Plan. The subject property is located in the City's future annexation area, and is located outside the area of the City covered by the Boynton Beach 20/20 Redevelopment Master Plan. The proposed project is similar in density and type of development to the adjacent residential development to the south (Pine Point Villas). Therefore it Is consistent with the directions of Policy 1.17.5. Policy 1.19.1 The City shall continue efforts to encourage a full range of housing choices, by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use ElementsH The provision of mUlti-family housing, as proposed on this site, is seen as a recent trend in the City to develop smaller parcels with infill residential development (multi-family projects and townhouses), thereby increasing the range of housing choices available to the market, and providing consistency with Policy 1.19.1. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelate,d to adjacent and nearby districts, or would constitute a gmnt of Special privilege to an individual property owner as contrasted with the protection of the public welFare. The proposed rezoning would not create an isolated district, but would relate to the adjacent development and zoning in the area. The proposed project is for a multi-family residential community that is complimentary to the development patterns in the area along the Seacrest Boulevard corridor, especially adjacent development to the south. c. Whether changed or changing conditions make the Proposed rezoning desimble. The proposed land use amendment and rezoning are the minimum changes to the property, to naturally accompany the annexation of this property from Palm Beach County. The proposed amendment is consistent with the future land use dasslfication as recommended on the Future land Use Map for this unincorporated area, and is consistent with surrounding land uses and zoning, both in the City and the adjacent unincorporated area. d. Whether the proposed use would be compatible with utility systems, roadways, and other public tadlltles. Page 5 ANEX 06-009, LUAR 06-022 Miraflor at Boynton Beach The proposed land use amendment and rezoning is compatible with utility systems, roadways, and public facilities. Based on the Oty's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day (GPCD) and sewer service (90 GPCD), the projected demand is expected to be 17,200 gallons for water and 7,740 GPCD for sewer service. The City's utllity plants currently have unreserved capacity to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10- year planning period. The traffic study prepared by the applicant's consultant indicates the project anticipates a traffic generation rate of 280 new trips per day, with available roadway capacity on Sea crest Boulevard. The Palm Beach County Traffic Division has reviewed and approved the project for traffic concurrency and notes a project build-out date of 2009. The School District of Palm Beach County has determined that adequate capacity exists to accommodate the projected student population generated from the proposed project. lastly, drainage will also be reviewed in detail as part of the review of the building permit application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and Future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The compatibility of the requested land use designation and rezoning has been discussed above. Adjacent development (Pine Point ViI/as) represents high density residential development at a similar density. The current use within the adjacent development to the south is' multi-family residential, similar to the proposed project. The density of the proposed development is 10.34 dwelling units per acre (du/ac), slightly less than the maximum density of 10.8 du/ac allowed in the High Density Residential classification. The residential development to the northeast (San Castle subdivision) in unIncorporated Palm Beach County is similarly zoned Residential, Multi-family (RM). f. Whether the property is physically and economically developable under the existing zoning. The subject site was historically set aside as a future expansion area for the cemetery, and sold off as a separate parcel. There is a conflict between the existing County Institutional (INST) land use classification and the County Residential Multi-family (RM) zoning district currently on the subject property. The applicant intends to have the subject property annexed, reclassified, and zoned under the City's jurisdiction. The proposed development would be similarly classified and zoned as the contiguous property to the south. g. Whether the proposed rezoning Is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed land use amendment and rezoning will allow for development of multi-family town homes at a scale comparable, consistent, and compatible with adjacent existing development. The size of the subject parcel will afford a development similar In nature to Page 6 ANEX 06-009, lUAR 06-022 Miraflor at Boynton Beach surrounding residential development, and will contribute to the range of housing opportunities available in the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use Is already aI/owed. The subject property is located in the City's annexation area. Both the type of housing (multi- family attached) and density (10.34 units per acre) proposed for the development is consistent with adjacent development in the City. There are very few comparable-sized vacant parcels within the City which could accommodate such a development, and which also support the objective to provide housing unIts at less than market prices. CONCLUSIONS/RECOMMENDATIONS In conclusion, and as indicated herein: 1. This request is consistent with the objectives of the City's annexation program; 2. The requested land use amendment is consistent with the City's adopted Comprehensive Plan, including the requirements for concurrency; 3. The requested land use and zoning are consistent with adjacent development; 4. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 5. The proposed development will contribute to the overall economic development of the Oty. In addition, the proposed site plan meets the minimum requirements of the City's Land Development Regulations. Therefore, staff recommends approval of the request for annexation, land use amendment, and rezoning subject to satisfying all recommended conditions (see Exhibit "e" - Conditions of Approval). If the Planning and Development Board or the City Commission recommends conditions, they will be induded within Exhibit "C". AlTACHMENTS S:\Plannlng\SHARED\ WP\PROJECT5\Mirafto<\Ll.tM\STAFF REPOlU.doc; I:XnlDlt nAn - Miraflor Location Map i .. , II]' I I I I I no..,no.... ~"__ I-J~-h -tt'- +- . ~_d, , 'u~ ..~.. L~ L 1 I .. -- '- - -.L...._..~_ i , FICUS'TREE I I.. -1.... \ \-T(' ~~y' B~r~e~r[ I WW/~ i -.....- "'..'..'1 . I I r {I l,no..1 I ! , ! II I I I I SITE ; ~ .. L ., .1 H_. i ,I ! I I MENTONE r-r1= I ! ! ! r-! \ f-----l. ~ f ifj ~ I - ...J g , .~ ~ /'~ COUNTRYi R3 -Multi!famil~ BesiCfential - n_ ~ j<5~\\ .~ 10 0> PINE pOINll I- jH,1-:;-S inglel-fa,,!,i1y w en !;{ I~r t I "1 I rl .-: UJ II: ::I l Residentia\- w ...J I ) I t- r:. en ?; PALM "" w cu= U~ LtC ~ (!) ~ 0 a: if BA'Y.VIEW ;E ~ I--- - - f--- z 0 ~ i= - I--- IU Z 0 ~ IU 0 (9 - !( z- ~ f-- II: Of-- I -- I----- ARTHUR '--- f--- , - - /: - I------ ~ v~~~ ~ f--- ...J ~r 1 l ~. I I J ( , r , I , I \~ "~./"I 300 . 150 o 300 600 N ~ 5 B 1,200 t Feet ~ e:q!l!i Ii .'~.;;" B ,:.jiD~f ~: 'II f W~~ ~s a . 5 ~i . ~",~ IfA"Ill:WlIIQ,. "lOlsu.lt as (lllM)ru,... 1.,oIIC( '" - ~ "run uc {)~l '.. II:i 'Ii :iK ~I~ i"II~ l,lli. lEas "I"~ I, a" I,.,. &.u ! ,.t., ~ ~ III I l. :'Ijl B .l~ I,' 1I11"J ..11 -'.1 ~~ I'''; If ~ lill ;..,. .~ 'I'lll i II ;1. IEI"I" il I a, I! I I ill! ':.- \ rf HI B I'~ I ~JJ6 "JlI ~ d.iI II .. I "II 11!i! . JAi, sf !f I i If "II~ l -I fl I . ~ ~ i · 1-. d " "- '''.. -< ~ o Iif~ s;~ ";~ '~, ~ -< !.a:uunn,nn S:EI i!1 I ., !~!i!!!!!!!!!!!!! ...11; :i ~ t ;::':::::::::::;; :':1: 'ii !: if J i~:iiiiiiigjijg~~ II~ E' ~!. !! '. lliJii~~~~eit~f~! IIi: d:~ Ir~ .. I. IU.i1i i1"lI",i~" .~~. i~ F "i ....11..11........11 '_.'. ,. ~i! _ .'. If iii!ii!j!.!!! :..a. .1 :i " ~ 1I..-.I..-j,UiU '(illll c: "~ .Ill II: i Ii 11 " I, ; !I:,. i; ~ Ii " .,. rr . fl '>: '".. J,II fr, PliO ~ !fi If ,fitU i,A. ~l i > f fit ;i !'!i~g ml!1 <>~ .. 1,1 If IHI] :Iff! I "ll ~fB~ d J M"c I~ 'I' W ; I I. >>' a ~ 'fl PI ~ ~ 'N ~!fi m! 1,,= Iii Jiif ~ ~ e '1 '+. *~ SOI-O,')I'" 1X.tT ..'?.. fIOt"W'4.,.. JJ.Or '.. ~, . _i ;; ii S'l -I .. 'r. 1:..", IIUI I 0 ~ t'w~ ..i:::II!"I"i"I"::i;,'I,'~ III..',,;,; "1::"161.' ! f ;;.':.-'11 ~IC' III ~Ir .,. f'! i.!;!:!I,I'.II'lj~.llll!:li ! ,lIas..; "'f'~J.glC: .1'1 ,I."'i,., ~ I'l'illll:.~ i':I.ii '-'i,.i.d,,,,;. iil,',:s,.'ill!;"il""'19"l nl. ,. I III' . '., II :~I:i!':II':!I!'!i~!:!1 ::II~fil:,',,'i~:iJJI,i,"~ '511 I~ l. la' .~ h I !lllj~! :,: if"J:: il ~i.ll:t " I "ir".",! if.,,', "~ I IJlr.~ i, ~ I 51:i:,1 '''''1: hil' r ~=IfJ I 511:i.1 ,!iI" II li:F . .... I j f'~i...1 ; ., t,. ~ C n ~ - I! C It a ~ . . I ~ , . , ~ 2:. - 5 - ~~~ :Ec;i:!I~i' : : : : : ~I : : fEH' JI.: - , ~ ,. ~ :;; , ~ ~ ~ I . K_ II l f 1111'11I11111"1'1 I ,llilil,ll'If",II,'f , · ~I Illslflll I I 'II! I_I I ~ IfUfilltii 1IIIIUf,'lfJJIiI~i ~ 'III. ~ ~ I, 15.' ~ Ila l'lif 111111111111;111 I Kf- ! I f~ II Iii uQf I ~IIi~J ~~(U Ii:! ilhfi :f,fI i~b ; fp ?i i . It . ~~n= In i~jf H[fl ~ nUl! ~hVI ~h I ! f~ I ! I~ I ~ ! - = I - ~ - ! - ~i.Jl ~u t:... !I: !::t: i'i~ t,:!;li:t:: ~~ ill'lillJjllfUIJ fUllff if II ',U ~ f~11 II f JfUiJI i U i i } nl If ! ii - It Ii l'l - <!lOJ ;;~~,..t:~ ~l If "'.. 1I:l'l;:~ f !~!3 ~-ISi1lll~ h: H ilJl HH R i ~~ ~ :;;; !' ( II: l'l ~ ~~ ~f~~H _ II t; t; - _ .... h~~ f A ~ h~ i~&~i~ Hh ~~ It ~. ~ It' ~ , , ! 'I ~ r L.AIIIDII 'H ~~l~ ~n . . . , I ;! !~ "I flil rfll III I. , f ;jE .1'1 Ilf .... -WUtLlq I I. II I - "=- -.. ...;;...-:::u--=. ---.f}.1 I ---- I--'-.--~~-- !I =~~~ Beach I el'l GIll ijplll!~ ri JOfi f.. , ' , '.11 ,ri I" II C1ly oUoynkln Iooch. FbIda I I ~ : J ~, 'I ~ , . Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 a Floridan Aquifer well field, East Water Treatment Plant expansion (EPX), Stage 1 Project. D. Approve full release of surety for the project known as Safe & Secure Self Storage of Boynton Beach, in the amount of $72,180.90 and to return the original letter of credit no. 182060-100 from Fidelity Federal in this amount to the developer, the Pugliese Company. Motion Commissioner McKoy moved to approve all items in the consent agenda. Commissioner McCray seconded the motion. The motion passed unanimously. VII. CODE COMPUANCE & LEGAL SETILEMENTS: A. Approve payment of settlement from continuing negotiations in the amount of $75,000 in the case of Roy and Christi Hernandez vs. City of Boynton Beach, et al. Motion Commissioner McCray moved to approve item VII.A. Commissioner Rodriguez seconded the motion. The motion passed unanimously. B. Approve the Code Compliance Board's November 15, 2006 decision to reduce the lien in Case 04-1890 from $14,043.24 to the City's administrative costs of $1,018.24. ' Motion Commissioner McCray moved to approve item VII.B. Commissioner McKoy seconded the motion. The motion passed 3-1. (Commissioner Rodriguez dissenting) VIII. PUBUC 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. Attorney Cherof administered an oath to all those intending to testify on any of the matters for public hearing. He explained the procedure to be followed. A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owner: Location: Miraflor (ANEX 06-009) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Boulevard across from Mentone Road Request to annex the subject property (3.87 acres). (1st Reading Proposed Ordinance No. 06-093)(Tabled to January .4 2007) Miraflor (LUAR 06-022) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Boulevard across from Mentone Road 7 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Description: Request to amend the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 dufac) (1st Reading Proposed Ordinance No. 06-094) (Tabled to January 2, 2007) Request to rezone from Residential, Multi-family (PBC RM) to Multi- family Residential (R-3) (1st Reading Proposed Ordinance No. 06-095) (Tabled to January 2, 2007) Proposed use: Residential development consisting of 40 multi-family townhome units. c. Project: Agent: Owner: Location: Description: Miraflor (NWSP 06-027) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Sea crest Boulevard across from Mentone Road Request for new site plan approval to construct 40 town homes and related site improvements on 3.87 acres in the R-3 Multi-family Residential zoning district. (Tabled to January 2, 2007) Motion Commissioner McCray moved to remove items VIlLA, VIIl.B and VIlLC from the table. Commissioner McKoy seconded the motion. The motion passed unanimously. Attorney Cherof requested all items regarding Miraflor be consolidated for hearing. Bradley Miller, Miller Land Planning Consultants, Inc., agent for the owner, acquiesced to the request. Attorney Cherof pointed out the annexation was not a quasi-judicial hearing, rather a legislative decision by the Commission. Kathleen Zeitler, Planner, located the property and reviewed the requests. She indicated staff recommended approval of the annexation, amendment of the land use and the rezoning. Mr. Miller added the ultimate plan for the City was to annex properties up to Hypoluxo Road and the 3.87 acres would be in furtherance of that goal. The site plan included five buildings of eight units each. The project would be a non-age restrictive community and provide affordable housing in the area. Mr. Miller advised he had met with the residents of Pine Point and heard their concerns. Commissioner McCray noted the project was adjacent to a cemetery and inquired about any landscaping that would shield the view of the mausoleum. Mr. Miller described the wall and landscape buffering that would be included. He also noted that four of the five buildings had a north to south orientation and would not have a view facing the cemetery. 8 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Mr. Miller added the project included 40 affordable homes, as defined by the county, and would be increasing the tax revenue and revitalizing the housing in the area. He also emphasized the land use would be identical to the Pine Point apartments. Mayor Taylor inquired if the applicant agreed with all 32 conditions of approval. Mr. Miller concurred. Mayor Taylor opened the issue for public hearing. Mary Drago, 311A Country Lane, Pine Point Village, offered her opinion that the project was not needed in the area and preferred the area remained the same. She indicated a petition against the project had been circulated that contained approximately 100 names. Mayor Taylor advised Ms. Drago it was privately owned property and the owner had the right to develop his property. Ms. Drago complained she did not want the noise, traffic or children in the area. She also did not feel the price would be considered affordable for teachers, police or firemen. If the units did not sell, her concern was they would become rentals and have only transient residents. Commissioner McCray echoed Mayor Taylor's remarks and added the City was not marketing the development; that would be the responsibility of the owner. Carol Deary, Pine Point Villas, requested an explanation of the difference between residential, multi-family PBC RM to multi-family residential R3. Ms. Zeitler explained it represented a change from the Palm Beach County designation to the City of Boynton Beach designation limiting density to 10.8 dwelling units per acre. Ms. Deary contended the new designation was not in conformity with the neighborhood because the new project included two-story buildings and had a higher density. Ms. Zeitler pointed out the zoning and density would be the same as the Pine Point Villas. Mr. Miller pointed out the cemetery mausoleum and Sam's Club were both higher than one story. Commissioner McCray added the hotel off of Hypoluxo Road was multi-story creating a step down in height from Hypoluxo Road to the one-story single family homes. John Codella, 3311 Loren Road, Pine Point Villas, contended drainage could be problematic for Pine Point Villas if not properly constructed. He also felt the traffic flow would create congestion on Seacrest and the parking for the homes was inadequate. This supported the contention that the density was too high. Mr. Miller responded to the concerns and asserted the owners were simply complying with the City's desire to grow and it was a parallel change in zoning. The height difference would offer a transition north to south and east to west. He emphasized the traffic study indicated a low impact and the number of parking spaces exceeded the Code requirement. Mr. Miller explained the density was needed to maintain the affordable housing aspect of the project. Mr. Bressner suggested adding a condition of approval that all prospective buyers be made aware before purchasing the units, that there was no guarantee that the 1-95 noise reduction wall would 9 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 be constructed to the northern end of the property. Mr. Miller agreed to the additional condition of approval. Attorney Cherof read Proposed Ordinances 06-093, 06-094 and 06-095 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance 06-093. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Motion Commissioner McCray moved to approve Proposed Ordinance 06-094. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Motion Commissioner McKoy moved to approve Proposed Ordinance 06-095. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Motion Commissioner McCray moved to table item VIII.C to January 16, 2007. Commissioner Rodriguez seconded the motion. The motion passed unanimously. D. Project: Agent: Owner: Location: Description: North General Center of Medicine (ZNCV 07-002) Roy Dunworth, Dunworth Construction, Inc. Dr. Jean Renelien, United Medical Enterprises, Inc. West side of Federal Highway, south of the C-16 canal Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.D.3, requiring a minimum lot depth of 100 feet, to allow a variance of 18 feet and an approximate lot depth of 82:f: feet for a proposed commercial/office development within the C-4 (General Commercial) zoning district. E. Raymond Barry, architect for the project, was present on behalf of the applicant. Attorney Cherof asked for an overview of the necessity for the variance. Gabriel Wuebben, Planner, reported the application met the standards and recommended approval based on hardship due to circumstances that are not a result of actions by the applicant. It is the minimal variance necessary for the best and reasonable use of the land. It would be compatible with the surrounding properties. 10 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 Ms. Rose Williams, 100 Bayview Avenue in Pine Point Villas, asked how a road could be installed and the units be built when there was a 90-ft wide easement. Ms. Zietler explained there was a 160-ft easement along Seacrest. Chair Wische explained the request was for annexation. Mr. Casaine explained to the audience issues regarding the space between the property and issues such as trees and lights, pertain to the site plan portion. The board was currently hearing the annexation. Chair Wische closed the floor to public hearing. Ms. Jaskiewicz commented the property would be developed regardless of whether it was in the County or the City. She indicated annexing the property into the City was to the City's benefit because they could impose controls such as landscaping, barriers and other issues. Mr. Blehar asked if staff developed a rough cost analysis on levels of service and taxes. Ms. Zeitler explained they review the per capita gallons of potable water and sewer, as well as school and traffic concurrency. Other departments such as Fire and Police review the requests to ensure they have sufficient levels of service to meet the new demands. A cost and tax comparison was not made. He thought in the future, that information might be beneficial. Mr. Rumpf explained more elaborate analysis were conducted when annexations were not simple, or rather when the property was not contiguous, or questions whether the annexation meets state law are raised. They were working on a fiscal model that was being promoted throughout the State in connection with the DCA Comprehensive Planning efforts. He anticipated in the future they may be able to provide a more standardized program. At the moment, the projects were only reviewed to provide service. Additionally, the properties they deal with were basically within the City's reserve annexation area, which most of the time would produce positive figures for revenue versus cost. Mr. Rumpf indicated they could not specifically list benefits to Pine Point Villas, but he did indicate the City was a smaller jurisdiction than the County and they could pay closer attention to individual developments than Palm Beach County. The City has high regard for adjacent projects and developments. He advised, workforce housing and housing in general was an issue for the City, and this project could provide it on a small-scale basis. Additionally, the project would generate tax revenues. Motion Ms. Jaskiewicz moved to approve the annexation. Mr. Casaine seconded the motion that unanimously passed. B. Miraflor Land Use Amendment/Rezoning 2. Project: Agent: Owner: Location: Miraflor (LUAR 06-022) Bradley Miller of Miller Land Planning Consultant, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Blvd., across from Mentone Rd. 5 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 Description: Request to amend the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 dujac); and Request to rezone from Residential, Multi-family (PBC RM) to Multi-family Residential (R-3) Proposed use: Residential development consisting of 40 Multi-family townhome units. Ms. Zeitler reviewed the request and recommended approval of the Land Use Amendment and Rezoning. Chair Wische opened the floor to public hearing. Ms. Drago asked when the zoning was changed if it would be just for Multi-family. Ms. Jaskiewicz confirmed it would. Chair Wische closed the floor to public hearing. Motion Mr. Saberson moved to approve the Land Use and Rezoning. Ms. Jaskiewicz seconded the motion. Mr. Blehar explained he had issues with the site plan, with the architecture, and several issues relative to circulation. He thought the only muscle the City had to make the changes was a refusal to allow the rezoning. He announced he would vote against it. Vote The motion passed 6-1. (Mr. Blehar dissenting). B. Miraflor New Site Plan 2. Project: Agent: Owner: Location: Description: Miraflor (NWSP 06-027) Bradley Miller of Miller Land Planning Consultant, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Blvd., across from Mentone Rd. Request for new site plan approval to construct 40 town homes and related site improvements on 3.87 acres in the R-3 Multi- family Residential Zoning. Chair Wische read the request and asked the applicant whether he agreed with the conditions of approval. Mr. Miller agreed with the conditions and gave a presentation. The parcel was separated from the cemetery. The Land Use and Rezoning would be consistent with the Pine Point Villas community to the south. The project was comprised of 40 town homes consisting of five buildings with eight units each. 6 >"~~ /~r ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL DEVELOPMENT ITEM A.3, 0... Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20,2006 (Noon,) 0 February 20, 2007 February 5, 2007 (Noon) 0 January 2, 2007 December 18,2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) [3J January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 6, 2007 January 16,2007 (Noon) 0 April 3, 2007 March 19,2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business [3J Public Hearing 0 RECOMMENDATION: Please place this tabled request on the January 16, 2007 City Commission Agenda under Public Hearing and Legal, Ordinance - Second Reading, with the corresponding items for annexation, land use amendment and rezoning. The City Commission on January 2,2007, tabled this item so that action would be considered following fmal review of the corresponding ordinances, Please also note that a condition of approval has been added as discussed at the hearing, requiring purchasers to be informed that sound walls are not being installed as part of the subject development. For further details pertaining to the request, see attached Department Memorandum No. 06-203. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: Miraflor (NWSP 06-027) Bradley Miller of Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc, West side of North Seacrest Boulevard, approximately 0.5 miles south of Hypoluxo Road and immediately north of Pine Point Villas Request for new site plan approval to construct 40 townhomes and related site improvements on 3.87 acres in the R-3 Multi-family Residential zoning district. DESCRIPTION: PROGRAM IMP ACT: FISCAL IMP ACT: ALTE TIVES: N/A N/A N/A ~_rure Assistant to City Manager ~ Plamilng and Z S:IPlanning\SHARED\ WPIPROJ Director City Attorney / Finance TS\Miraflor\NWSPlAgenda Item Request M iraflor NWSP 06-027 1-16-07.doc S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Requested City Commission Date Final Form Must be Turned Meeting Dates Meeting Dates in to City Clerk's Office 0 December 5, 2006 0 February 20, 2007 February 5, 2007 (Noon) 0 January 2, 2007 0 March 6, 2007 February 20, 2007 (Noon) ~ January 16, 2007 0 March 20, 2007 March 5,2007 (Noon) 0 February 6, 2007 0 April 3,2007 March ]9,2007 (Noon) NATURE OF AGENDA ITEM o o o o ~ Legal UnfInished Business o -.J k 'J C)- _--1 --1-<: -<0 :e ,-,"'rT RECOMMENDATION: Please place this tabled r uest on the January 16, 2007 City Commission Age~ ~ Public Hearing and Legal, Ordinance - Second Reading, with corresponding items for annexation, land use amendmei{-< and rezoning. The City Commission on January 2,2007, tabled 's item so that action would be considered follo~g f~ review of the corresponding ordinances. For further details pertain' g to the request, see attached Department Mem!ran~ No. 06-203. .. ::::cn N ;:::::-1"q .J:- 0.)> ~C') :J: & Legal Settlements o o ~ o o City Manager's Report New Business DESCRIPTION: Miraflor (NWSP 06-027) Bradley Miller of Miller Land Planning SCI Funeral Services of Florida, Inc. West side of North Seacrest Boulevard, ap roximately 0.5 miles south of Hypoluxo Road and immediately north of Pine Point Villas Request for new site plan approval to constro 40 townhomes and related site improvements on 3.87 acres in the R.3 Multi-fa 'ly Residential zoning district. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: PROGRAM IMP ACT: FISCAL IMPACT: ALTE ATIVES: N/A N/A N/A City Manager's Si ature Assistant to City Manager ~ ~-- - -'-.M/L ,/ Planning and Zoning DirectV' City Attorney / Finance S:\P1anning\SHARED\WP\PROJECTSIMiraflorINWSP\Agenda Item Request Miraflor NWSP 06-027 1,16.07,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-203 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission Michael Rum~ Planning and Zoning Director THRU: FROM: Kathleen Zeitler \h Planner /,,-,v DATE: November 21, 2006 PROJECT NAME/NO: Miraflor at Boynton Beach / NWSP 06-027 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: SCI Funeral Services of Florida, Inc. Applicant: Miraflor at Boynton Beach, LLC Agent: Mr. Bradley Miller / Miller Land Planning Consultants, Inc. Location: West side of North Seacrest Boulevard across from Mentone Road (Exhibit \\ A") Existing Land Use: Institutional (Palm Beach County INST) Existing Zoning: Residential, Multi-Family (Palm Beach County RM) Proposed Land Use: High Density Residential (HDR 10.8 dwelling units per acre) Proposed Zoning: MUlti-Family Residential (R-3) Proposed Use: 40 townhomes Acreage: 3.87 acres (168,650 square feet) Adjacent Uses: North: Cemetery (Palm Beach Memorial Park) in unincorporated Palm Beach County classified Institutional (INST) and zoned Residential, MUlti-family (RM); South: Townhomes (Pine Pointe Villas Condo) classified High Density Residential (HDR) and zoned Multi-family Residential (R-3); Staff Report - Miraflor (NWSP 06-027) Memorandum No PZ 06-203 Page 2 East: Right-of-way for North Seacrest Blvd, and farther to the east / southeast, single-family residential homes (Rolling Green Ridge subdivision) classified Moderate Density Residential (MODR 7.26 dUjac) and zoned Single-Family Residential (R-1), and farther to the east j northeast, single-family residential homes (San Castle subdivision) in unincorporated Palm Beach County classified Medium Density Residential (MR-5) and zoned Residential, Multi-family (RM); West: Right-of-way of Interstate 95, and farther west, single-family residential homes in unincorporated Palm Beach County classified Low Residential (LR-2) and zoned Residential, Single-Family (RS). Site: The subject property is a 3.B7-acre parcel located on the west side of Seacrest Boulevard, approximately one-half mile south of Hypoluxo Road, with 161 feet of frontage on Seacrest Boulevard, and 857 feet of depth. The subject parcel is located between Pine Point Villas (in the City) and Palm Beach Memorial Park Cemetery (in the unincorporated County), and was originally part of the Palm Beach Memorial Park Cemetery, slated as a future expansion area of the cemetery. The applicant's project description states that a recent sale of the Memorial Park subdivided this unused parcel from the original parcel. The property owner has submitted a notarized Affidavit which states that the subject property "has never been used for burial sites, had never contracted to sell plots for burial, nor used for crematory purposes". Accompanying this request for new site plan approval are concurrent requests for voluntary annexation of the subject property, to amend the Future Land Use Map of the Comprehensive Plan to classify the annexed land as "High Density Residential" and to rezone this property to Multi-family Residential (R-3). The proposed zoning would provide for the construction of 40 townhouse units (condominium-style ownership) with a gross density of 10.34 dwelling units per acre. BACKGROUND Proposal: The applicant is requesting new site plan approval for the proposed Miraflor at Boynton Beach project consisting of a total of 40 townhouse units within five (5) structures, each two (2) stories, and containing eight (B) townhouse units. Townhouses are permitted uses in the Multi-family Residential (RM) zoning district. The maximum density allowed by the High Density Residential (HDR) land use classification is 1O.B dwelling units per acre, which would allow the developer a maximum of 41 units based on a 3.B7-acre site. A total of 40 units are proposed at a lesser density of 10.34 dwelling units per acre. The applicant indicates the project is to be marketed as affordable family housing for the workforce. The project plans include construction in one (1) phase, and completion by October, 200B. Approval of the requested new site plan is contingent upon approval of the concurrent requests for annexation, land use amendment, and rezoning of the subject property. Staff Report - Miraflor (NWSP 06-027) Memorandum No PZ 06-203 Page 3 ANALYSIS Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division has determined that the proposed residential project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the city, after the 2009 build-out date. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. School: The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the projected resident population. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "c" - Conditions of Approval). Policel Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Site Design: Access: The project proposes one (1) point of ingress / egress to the subject site from North Seacrest Boulevard. The site plan (sheet SP-1) shows that this point of access would be 25 feet in width. Circulation: The two-way street internal to the development would be approximately 725 feet in length with a circular drive in front of Building 5 to provide primary vehicular circulation. Two (2) side streets, each approximately 170 feet in length provide access to Buildings 1 through 4. Streets: The streets internal to the proposed development would be privately owned and maintained by the Homeowners Association. According to the site plan details, the private streets would include 24 feet of asphalt and a combination of 90-degree parking stalls 18.5 feet in length or driveways 20 feet in length. Additionally, continuous four (4) foot wide sidewalks would be placed along each street for pedestrian circulation, connecting parking areas, buildings, and recreation areas. The streets, parking spaces, driveways, and sidewalks would all be common areas; only the residential units would be individually owned. Common areas would be owned and maintained by the Homeowner's Association. Although the proposed streets are private, the streets are for the use of residents and service providers alike. Large garbage trucks will be required to maneuver and circulate throughout the proposed development. Two (2) dumpsters would be provided for solid waste collection. The dumpsters would be screened with a six (6) foot wall and solid gate per City requirements. Staff Report - Miraflor (NWSP 06-027) Memorandum No PZ 06-203 Page 4 The proposed plans have been reviewed by the Engineering Division for compliance with City standards, including internal street width, utilities within those streets, and safe sight distances. The Engineering Division has determined that the street width is acceptable and the plan is in compliance with the City's requirements. Parking: The project proposes a total of 40 townhouse units, each with 3 bedrooms and a one car garage. Three (3) bedroom dwelling units require two (2) parking spaces per unit with a minimum size of 9.5 feet by 18.5 feet, for a total of 80 parking spaces required on site. The plans show that the development would have a total of 86 parking spaces (6 extra parking spaces), consisting of 40 garage spaces, 16 driveway spaces, and 30 surface parking spaces, including two (2) spaces designated for handicapped use. The floor plan (sheet A-1.0) shows that all 40 units (Models A and B) would have a one (I)-car garage dimensioned 11 feet in width and 20 feet in depth. The 16 driveway spaces that count toward required parking are 20 feet in length and are located in front of each unit within Buildings 2 and 4. All other driveway spaces located in front of each unit within Buildings 1, 3, and 5 are of insufficient length (16 feet) to accommodate a required space. The remaining 30 surface parking spaces would be distributed throughout the project, and each unit would have a row of parking spaces in close proximity to their building. The 90- degree parking stalls, excluding the handicap spaces, would be dimensioned 9 and one- half feet (9.5') in width and 18 and one-half feet (18.5') in length and include wheelstops. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscape: According to the site plan tabular data (sheet SP-l), the proposed pervious area would total 1.80 acres or 47% of the site. The proposed landscaping exceeds minimum code requirements and provides a complimentary mix of canopy and palm trees such as Live Oak, Mahagony, Silver Buttonwood, Glaucous Cassia, and Sabal Palm. All trees would be the required minimum of 12 feet in height at time of planting. All areas located outside the building footprint would be under the control of the Homeowners' Association to ensure proper maintenance of the common landscaped areas. The landscape code requires that 50% or more of the plant material be native species. The plant list (sheet L-l) indicates the landscape plan would provide a total of 138 canopy trees, of which 100 (or 72.5%) would be native species. The plant list indicates that 83 (or 92.2%) of the 90 palm trees would be native species. Also, the landscape plan indicates a total of 2,552 shrubs, of which 1,577 (or 61.8%) would be native. The landscape plan notes indicate that non-potable well water will be used as the source of irrigation for the project. The site plan (sheet SPl of 2) shows that perimeter landscape buffers five (5) feet in width are proposed along the north, south, and west property lines. The landscape plan (sheet L -1) shows that a row of Viburnum hedges along with Uve Oak, Mahogany, and Sabal Palm trees are proposed within the north (side) landscape buffer. The perimeter property line adjacent to the rear of Building 5 would also include a mix of Mahogany and Live Oak Staff Report - Miraflor (NWSP 06-027) Memorandum No PZ 06-203 Page 5 trees, and relocated Royal Palms and Queen Palms. The south (side) landscape buffer would contain a row of Silver Buttonwood hedges, and a mix of Glaucous Cassia, and Silver Buttonwood trees. The west (rear) landscape buffer would contain Glaucous Cassia, Silver Buttonwood and Areca Palm trees, and Jamaica Caper hedges. The east landscape buffer would be seven and one-half (7.5) feet in width and contain more landscape material than the other buffers because it is adjacent to the right-of-way of Seacrest Boulevard. This buffer would be placed along the eastern edge of the dry detention area, rather than along the east property line, due to an existing ten (10) foot utility easement with overhead power lines. Plantings in the east landscape buffer would include the following: Silver Buttonwood and Glaucous Cassia trees, Thyralis, Fire Bush, and Crepe Myrtle shrubs, Viburnum hedge, and seasonal annuals. City signature trees (Purple Glory Bush) would be planted on each side of the access drive. These signature trees would require six (6) feet of clear trunk when installed within the safe-sight triangle, as noted on the landscape plan. The front of each unit would have Live Oak and Mahogany trees, with a mix of colorful shrubs. Rear patio areas would include a mix of Sabal Palms and Crepe Myrtle. The air conditioners for each unit would be located on the ground to the rear of each unit and screened with Silver Buttonwood hedges. Parking spaces include large landscaped terminal islands (approximately 10 to 25 feet in width by 18 feet in depth), and dumpster locations which are screened with additional landscaping. The landscape plan notes indicate that non-potable water will be used as the source of irrigation for the project. According to the landscape plan, a six (6) foot concrete panel buffer wall would be placed along the northern perimeter of the subject property as well as a portion of the west property line (to the 1-95 sound wall). An existing fence and 8-foot ficus hedge exist on the adjacent property to the south (Pine Point Villas). The perimeter wall detail (sheet SP- 2) indicates the wall would have decorative columns with a stucco finish to match the building colors (White Wheat and White Olive). Creeping Fig is proposed to be planted on the outside of the buffer wall. The development includes some on-site recreation and a community meeting place for the residents. A fenced tot-lot and gazebo are proposed near the southwest corner of the site. Per the details (sheet SP-2), the gazebo would be 14 feet in height and include an interior table. The tot-lot area would include landscaping, lighting, bonded rubber mulch, a bike rack, and benches, and be enclosed by a four (4) foot decorative railed fence and gate. The tot lot area and gazebo would be surrounded by Pink Trumpet and Silver Buttonwood trees and a continuous hedge. Other open space areas include two (2) sloped dry detention areas which total 0.55 acre. BUildings: The 40 dwelling units are proposed within five (5) separate buildings on the 3.87-acre site. The floor plans for each unit include three (3) bedrooms, three (3) bathrooms, and a one (1) car garage. Each of the five (5) buildings would contain varying unit types (models A- B). According to the floor plans (sheets A-1.0, A-1.1, A-2.0, A-2.1), the smallest unit (model B) would be 1,471 square feet of air-conditioned area and the largest unit (model A) would be 1,501 square feet of air conditioned area. Each building would contain two (2) Model A units and six (6) Model B units. The proposed town homes are condominium- Staff Report - Miraflor (NWSP 06-027) Memorandum No PZ 06-203 Page 6 style ownership, with all areas other than the individually-owned unit considered to be common areas. Height: The maximum height of buildings in the RM zoning district is 45 feet, and all proposed structures comply. Sheet A-3 indicates each proposed two (2)-story townhouse building would be 24 feet - eight (8) inches measured at the mean roof height, and 29 feet- eleven (11) inches measured at the highest point of the roof. The one-story gazebo elevation on sheet SP-2 indicates a peak height of 14 feet - one (1) inch. Setbacks: The RM zoning district has the following minimum building setback requirements: front (east property line) - 40 feet, rear (west property line) - 40 feet, and side (north and south property lines) - 20 feet. The location of each building complies with the minimum setback requirements as shown on the site plan (sheet SP-l). Staff notes that the setback table shown on sheet SP-l regulates the project's minimum required building setbacks. These building setbacks mirror the adjacent multi-family development to the south (Pine Point Villas) which is also zoned R-3. The perimeter setbacks are intended to accommodate a buffer wall, required buffer landscaping, and outdoor air conditioning equipment, as well as to provide some common area for the enjoyment of the respective residents. Patios: A concrete patio (slab only) approximately five (5) feet by eight (8) feet would be located to the rear of each unit. In addition, each unit would have a covered entry of 40 square feet. The site plan (sheet SP-1) notes that the homeowners' association will not allow any patios or porches to be enlarged, enclosed, or screened in. Design: The proposed buildings resemble a Neo-Mediterranean design with Spanish "s" tile roof. The majority of exterior walls of the buildings would have a smooth stucco finish with multiple color options. All buildings would be earth-tone colors and include Porter paints named Brush Green (for doors and shutters), Dusty Apricot (for recessed building walls), White Wheat (for building walls), and White Olive (for building trim). The neutral color palette proposed will be harmonious with surrounding developments. All buildings would be architecturally enhanced with balconets having decorative aluminum railings, picturesque fenestration with windows of varying sizes and shapes, recessed entries, and porticos. All accent features such as entry doors, stucco walls, clay roof tiles, arched entries, and stucco walls present a higher quality of architectural design and materials. Lighting: The plans propose freestanding outdoor lighting fixtures. The photometric plan (sheet Photo) indicates a total of 17 freestanding lights are proposed throughout the development. The light details submitted separately from the plans show that the round tapered light pole would be 20 feet in height. The lumina ire located at the top of the light pole would be shielded and directed away from adjacent properties. The color of the pole and light fixture is undetermined at this time, and would be required to be noted on plans at time of permitting (see Exhibit "Cn - Conditions of Approval). The elevations (sheet A- 3) indicate lights shall also be provided on each side of the garage entry, at each front entry, and all rear patios. Signage: The site plan (sheet SP-l) shows that a monument sign would be located on the north side of the entry to the development and set back ten (10) feet from the east property line Staff Report - Miraflor (NWSP 06-027) Memorandum No PZ 06-203 Page 7 adjacent to North Seacrest Boulevard. Sign details are provided (sheet DT-1) which indicate sign dimensions, height, sign face area, materials, and color. The sign details indicate a sign height of less than six (6) feet, sign face of 19 square feet, and a sign setback of 10 feet is proposed, in compliance with the City requirements. Public Art: The applicant is required to demonstrate compliance with the newly adopted requirement for developments to provide public art work (see Exhibit "c" - Conditions of Approval). The exact location of the proposed artwork is undetermined at this time. The artwork will enhance the ambiance of the proposed development. Ultimate review and approval of the artist and type of artwork is still pending by the Arts Commission. RECOMMENDATION: Staff has reviewed this request for a New Site Plan and is recommending approval of the plans presented. If this request is approved, it is contingent upon satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Miraflor\NWSP 06-027\Staff Report.doc Exhibit "A" - Miraflor Location Map I 1 , ' ' , Ii! I ! i 1 i i J .~ c '.i " I I I ' , f J I f-_-I_ ' ! I I ; J I , ,..,"'=J ' t - -r----:'-t- -'---L----i- . I .--'. _"c , i ; , I : ~.- , " , ; I I ' I ' I I ! i' 'I J ~ ) 1 I " " i : ..L--L...l_U, !, ~I=\ FICUS TREE' - I I / '--!-r~-!-r-T--'--i' ~-'-T-l'~ I ~~ '--q . City Border ~_ . j ~ fr- l .i ' ! . i ' i j I SITE w i j ; .i i .li,5L"L MENTONE lj~~ f fr~ rI\i~ I" V ~ " ",' r-----J I ',-i' 'Co' t.:: I Fi/:'".,' ~ w z '" ...J ~ w I ..J 0: ---,~ --'~ ~ 0 ..J COUNTRY; f--- " R-3 - Multi!famil~ Besiaential ----.... -,~ - ~' \~ ......\1 , --:;" t!.~.,r" ci<& ::. ~~,:: "';:,,,:;; f \0 ~----~ . J I. --:- '(, 0> PINE POINt t- w V) _-l-t'1~ ?mgl~-farrllly; f- w ~7 ~ n:: T C-Residential- " V) u ,-F~> .,i{ :,Ie n:: =.J <( W W ...J V) I ) I \: ,," OJ l- i: ~ PALM w LJ.L U J i IE" ~ {, ~ D 0:: BAYVlEW - ~ -~ - ~ J-----'- >,>. >>~)j 1-' f-- JH" ,""':, - " C-----,-~- --- Z i: Q " <( .,- t- ~ ~w Z u :5' w 0 ,-' C) 0..".-. ~& z- <( - II: ,i,,;~, 0- ~ ~ ", "" ,,:> :-t1 ",,' , ,'?ii. ~ ' i -";'" '" ARTHUR - '~-'~1 1-- 1----. -- ~ ...J f-.-- -I~ ~ T l'~ ~:i,," I I I ..--J ( 1 I I 'I j I ", \~' '~ .. ., 300 150 I o 300 600 ..~..-.......-........ _1<_- SWl lOCl IlL. lND5W( I') r~1IIlL .. f~ ." {II:IrOMllIOC* l,fWlfll) 1~lliliinUliillili I . . . 1111~lill"IIf:III' I"!,!,l,j ldli I !~! II~il~IIJII I !lS~ 1"1 ~ IIIIIII! Ii 111111 111111111 a II" il~ I 15 d liD II!IIIII II llIillljlli ,[!I s If ! i Ig II !jI5Ji!1 rP.r iC If I !i[UJ iI[flJ Ii'" J. nh ~ ~h I iii I,~ I ~I~ I n - I - ~ I I ~ - . .. . .. !:!!~h ~~~ ili; '1:1;11;11;1\1 '11'11 HU~U Hfli . I ~h! ~h I a I If~ I II~ I -I !! I - = I - II - . - !I 1;1 'II . f $rJilJ ~r" fUt ~-rl8 i~;; rill lil; 1\1 O:lll l:;!:I'II 1'1 I. ;;; ~~ ~ l'(ll~ l\ I I , I '" ~ - ....... urU't UI:s -P ~ III .. ~ '---"-0-- W":~_~I. l' ..;--.- Q ~--~-------~~~ ~I Miraflorat Boynton Beach I n:'1 ~[H~ '~HI I( ':U !1'B~i~.1 ~ ~RoadISeaaestIoUeYard IJIII dJJllJJI !I~ III! I i r ,. l,r1 ff~ '"I ~ i I!f :f I~; Il~ ~ . 1 r I! I I ~r 0Iy oIl1oynlon 1Ieoch. FIcrfdo EXHIBIT"B" II ! I II r Jiu h' '1'1 iiJ I l I ~12 1". :'i G\ -< <P )IJ -{ =< ollm c m tI 11 = I> ~tD~ --------..--." - --- -~---_._--_..__..._--- ---------------------------- - ---~---~---_._-_.- - ------ EXHIBIT "8" r' ill m~ ~ mr _ ~G\ ill o ~ tI ::Ic " 0>5 0 0>" 0 t:r )IJ 1>0 1) :=0 r 1:)IJ I> 1>-< Z <0 Z mr 0 p.~ ill ::I)IJ .. -0 Z~ ~O> 1>..... ...{J! "!I> '-< ()1: !;;~ 1>0 ;o::I !ti~ mt: ZI> ~:= '() ~ ;J! -{ E =< 1: ~ M'_ f Ti' =--1 ~'V ~,_LJ., .Vi' . , ": ~ ":,..iD" . ~ "..' s'.,,' r_ -i,..... ,"..,. ~ :)4'.tt." . ~ ",\J .; ffi ;tJr c .1~/7 ... z n= ~ 0:;;:- -i , 0- :::; ::r~ .:.":-: l> p: . ~ I ..~..;.: ~ ," r_*..' .'- . ~..... '" , ~ ......,~ m I .... ,.-<IS rullTT 'II L :4F .\:) ( . ~ ~ H ffi= .,J; dllTI II / I . + ~ . '" , / ~ I 7\T I ;--1'.- ,.... .'-~' .'- ~ ~ ~ : ~ ill ~ c .. -.............. = ;tJ!::: z z ~ " 0, ""9 0- -i ~ ~ oJ ~ ~ ~t._ , T_ J.'_'" .... "- < "'-~' , I F=:; . T4' s..... .'... J..... 2".9" I....~. l~( . .. , .'... ~C d ;tJ!::: Iv!/ ~ 8 .. 0, <:~ . 0- m-i Ii' T ~ \ ::rti IU = t .. ~ U>0l f.. I ...a14oC ;::::.. .....~. m = ~~ ..- ~ I '. ~ili r ~II ~ z fdllll L gf- ~ N~ , . .' I .. {-+I~ItZ\1 Kjllll ~ II [7 r: ..J; ...-/ Ii' : ~,...i'SFFi l> '/ ."". .'- . ~ ~ I ffi m c ~ /' ~~ z ( ~ ~ z . ~ . . \ """'I ~ I.:J ~ 0- ::rei oJ ~. = " fC .' T-.' lu ..... ..... r,~ :l<l'-~' ~'T . k.-'T-' i:ilr ~-~ ... "... ~.:t%. ~ N' .... ,.~ .'/' 1 11 ~ T T . " "''T1 ()- ~:o ~(I) ~-I ~'T1 (}r =0 o :0 "tJ r )> Z 1'11"111 ,..r-- )0:1 z~~ m&!r m Ui~H !II I' !II ~ !II ~ !II "'!II ... ~ ~~~;n!:~l> l> ~ l> l> j!! ~ - -;n-~l> ~ ~ ~ - iV ~ ~ _ l> ~ C ~ ~ ' III !c l> ~ l> ~" (j'> ~ ~"A g E~g ~ !e -i ~ ~ ~~~ ~ ~ ~~~ 0 -i ,:'1 :'l :'l:'l:'1 :'1 21 :'l:'l:'l l> , OJ c iii !!ir ! ' I i!!~j ~ F lJ III '" >ll ... ~ Z !: l: ),;n !: ~ OJ l> ~ l> l> j!! = G\ III 0 III III ~ i H;i ~IJ! -n l> ~ ~, ~ ~ - 0 ~ =i 0 l> ~ ~ i l~N (j'> U" II .. 66 ;u ~ ~ ~~~ ~~S Z ::' " " :'l:'l:'l :'l:'l:'l .. .. -' I>l I>l \'ll ! ' I Wi: ~ (j'> P llll'lll III ~, l> l: l> l> at lJ -n io ij!! i Z :-< ~ R G\ III J> ~ : i!"'~ ~ .. ~ &i!~ l> ~ ~ ~~~ " ~ :'l:'l:'l .. .. I MIRA~lOR AT BOYNTON BI;ACH BUI;NA V~T A J.lOU~ 'I BOYNTON Br;ACJ.I, ~L. gg462 ~~-~ ------.. -....- ---....-....., -....-- - -- iii"'''' ~-<::; Qllm emU ll:::;}> ~UI~ :t' ~ \ll~ ~ mr _ ~1iI ~ ()~ Q ~6 j!! i-n 8 }>r ill :::8 ;J! J:/Q ~ l>i;} z ~F 0 l>~ g! :I/Q .. ~~ !ll", l>'- ....lJI "!}> '-i OJ: :;;~ M 0'" ~~ Z}> ~F .~ ;:D -< E ::; J: " lJI () .. 1'\(1) I>m Ino ~o :z ...,0 ~." r- o o :u ." r- )> Z '1'11- ,.,.~ ~oo z~Pi ...."'" c... r. - - ~ , ~ ~ ~ r- - EXHIBIT ~B" mil!' ~ ! J m!~i ~ j~jj!I j ~~ ! ~ ~ ! ~ (J> ~ E i~1 ~ I ~h .... ~ ~ ~u ~ ~ ~~~ 0 .... ~ :'l :'l:'l:'l ~ :'l ;'l~:'l l> r (ll lHllir !'!!~r c r I:J 1lI/!: JI JI".... Z ~~~ ~~(ll ~i~~ ~ ~~ (,'\ ~ ~ ;t = 'TT ~ ~ 8 > =i > 11 E f U~ (J> 2 ~.. .. .. ~C;& ill ~ ~ ~~~ ~ ~~~ z :;i ~ :'l :'l.~:'l ~ ~:'l:'l ..J '" '" mrr \Jl ~ I /!: i il ~ r H~ ~ iil~ 'TT JI" JI ti ;-< ~ ~ l> Ii : i!"S ~ to ~ ei! )>- ~ ~ ~~~ :'l :'l :'lil:'l ..~. -..... ,. r-r r- r..z- '4;!! '1= .JII' ~ I: ~ ~~ f1I~ ~n1 ~ ~ ~ ~ ~ill ~ oJ Ilr ~ m = I'll '. "'...- . III \ o ... (ll ~g ~~ " 1::r r:; 4 N' ID::r c ml> Z Ou> -t , ill.... Om 1> oJO ::I .. ID:I c m)>- ~ Ou> -t JO... .' Om ul ~iO ...... , ID::r c ~li; Z ~~ ~ , 9'" O! ....T"" I' c... I MIRA~lOR AT BOYNTON B~CH ~ BUI;NA VrsTA I-IOM~ ~ T_ ...... ID m o ill o ~ ID ~~ 'il ,.., 9... ~ ( :< Ii.! . ~ .. t'\{jl .. Ir~~~~. " II ~~ Il .JIA~ L\ ~ r-ol<" .....7 '" III I I 1.1.,.1 ID m o ill o ~ I .11 " 19=!l ........ ~ ...~, . ..... ID \ ~~ m ~ r_ .0 ....... ~ (ll c ~ , ~ '" .l!! ~ " 1J~ I' I I I a: . ,'. [EQ t 1117'\ II "-' L"-' "'...... 'M" ~ BOYNTON BI;ACI-I, ~L. !Hl462 ------. --..- --....- -~- - - -- ~~ "':u ""-t ;::z: ;-m &.- am < ~ -t o Z ! ll! n I! III " I I~C I I I II I I .. , I I I :: III I ,,,,en I I~-t I I' , 1'11I I 1;-.- : : ~III , < , ~ : -t L, - 10 IZ I I I I HI nIl t tit n I i II I I I MfRAJ:lOR AT BOYNTON B~CH BUUIA VISTA HOM~ . BOYNTON Br;ACH, I=l. gg462 ~~~ ------.......-. -...- --.""-- -...- - --- EXHIBIT "8" ~ !~Iil lp.! "'I ii~ J ~!I I , : i j ~ ;I .. r z , :I ~ !j ~ ~ o 8 ~ 0 811 0 8>11 00000088 ; ~~ R ~ lij fQ ~ i~ ~p I ~~ ~ ~i ~ ~ ~ 8 I I f Iff ~ ~f II II II ~r r Iff I 1 I I I! ~- - d ~- i f I I I f ~ I _ ,., J !i i J( i 1 J I _(~ iuIhi _ l i ~ If ill I I I ~ ~ t ~ ~ I~ ~ ~ 3 M r 3 ~ oj " M q " ~ ~ ;; .. I~ .. .. .. .. .. .. .. i)l ~ ~ R ~ J J J J J J J J J ~ e E ~ S ~ ~ E ~ ~ ~ I~ ~ ;; i ;; ~ ;; ~ m ~ ,; : . = ~ ~ ~ ~ . .. 'l q n ~ .. . . .. . ~ I .; .. " ;j a ~ & ~ I~ ~ ~ ~ " . !:I t .. r :: ~ H~ linl ~ ~ 1 ffiU 8 * - e 0 0 (') 0 8 ~J~ hiiii I ; t !n III I UJ Ii II~ I~ l;a : ~I ;> III r i !ll In! I II I ~ r I ljl III I fh i!~ ~ I, f I fl.! f i I i f t :'{I ~U I t I !i-I ~ J I ~ f I 1 .P" . 'l. Jll ~ -, J ..: ~ ~-r - f r .ill lia~ I f a a l !!li ~II ~ f 'r rr J H~ ~~d f I ! f," ~ , mi~~"I'.I~!!!~i - tit .. ~ : i ~; "335.~ I '" lilt.. ,. JIt '" .. ~ ~~~~R~ i~I" "Ilia:lli ffi:z ~ J EXHIBIT "8" fill~!if lln~[nlfi;fll!~I~] ~ljj~[flll{~P;Hl~~f .. t-p{J!- I.UIPhjf~111lIBJr. iIlf~j ll;("ffll .. iU!jP;1 i!1!iIM~:ii ilJiiHWIR {HI!JPI ~. li~l!i 1Pli1'n1il-! ifl~llilidl!! !!Jbnl! .. ~ {tlJt !~ 111 il Ii ;t ~!l~Ulf~ I Ii 1[ f(!lt! ~ ! fl i ~i It: ~l[ U I iln i!~lt~ I: !: l~fhi .. . ......., ~ fJ' f.., lh f( t~ ! {~ I r h. U ! :hh- ---1___ J t If P II III I f I ,,~ I 'J';"iIIEE~ - I I il . I f I D I I I s PJIIIUlfJ~ IIHr' 5r It ~I Iff I;.' I i I I ii I 10 iJ . 13ft Iii . III CONDITIONS OF APPROVAL New Site Plan Project name: Miraflor File number: NWSP 06-027 Reference: 2nd review plans identified as a New Site Plan with an October 24, 2006 Planning and Zoning Department date stamp markin~. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: None X PUBLIC WORKS - Traffic Comments: None X PUBLIC WORKS-Forestry Comments: None X UTILITIES Comments: 1. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 2, Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. with 20 p.s.i. residual pressure (LDR, Chapter 6, Article IV, Section 16), or the requirement imposed by Insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 3. 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. 4. 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. 5. 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, CONDITIONS OF APPROVAL MIRAFLOR NWSP PAGE 2 DEPARTMENTS INCLUDE REJECT 6. Provide a minimum often (10) foot separation between water main, sanitary X sewer, and storm sewer lines, Please note that City of Boynton Beach separation standards are more stringent that FDEP standards. Only 7 feet has been provided between SA and ST. 7. 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) and will be reviewed at the time of construction permit application. ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9, Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 10. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article N, Section 5 will be required at the time of permitting. 11. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shan be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and win be reviewed at the time of construction permit application. 12. Upon satisfactory Commission approval of the site plan, the applicant shall X enter the record plat process through the City's Engineering Division. A preliminary record plat application may be initiated during the site plan review to expedite issuance of the Land Development Permit. FIRE Comments: None X POLICE Comments: None X CONDITIONS OF APPROVAL MIRAFLOR NWSP PAGE 3 DEPARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: 13. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2004 FBC, Table 704.8, or 2004 FBC, Residential, Section R302,2. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302,2. 14. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (Wind Loads), Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 15. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2004 FBC, Section 1607 and Table 1607.1. Indicate the live load (pst) on the plans for the building design, 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. 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, , 18. 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. 19. 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: . The full name of the project as it appears on the Development Order and the Commission-approved site plan, . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The number of bedrooms in each dwelling unit. . 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) 20. 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, CONDITIONS OF APPROVAL MIRAFLOR NWSP PAGE 4 DEPARTMENTS INCLUDE REJECT provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 21. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: . A legal description of the land. . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(t)) 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 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. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. . Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561-233-5013) . United States Post Office, Boynton Beach (Michelle Bullard - 561-734-0872) PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALlST Comments: 24, The applicant should show an elevation cross-section detail of the actual X heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) visually buffer the proposed buildings and parking lot from the Seacrest Boulevard road right-of-way. CONDITIONS OF APPROVAL MlRAFLOR NWSP PAGE 5 II DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 25, Approval of this project is contingent upon the approval of the accompanying X requests for annexation (ANEX 06-009), and land use amendment / rezoning (LUAR 06-022). 26. Label Palm Tran bus stop on the site plan and include a detail on plans of an X upgraded bus stop shelter, to be coordinated with Palm Tran. 27, Revise last sentence of note 12 on sheet SP-l to read as follows: "The X established homeowner's association will not allow individual pools or additions, and will not allow the any patios or porches to be modified (i.e, increased in size, enclosed, or screened)," 28. At time of permitting, submit a plan which delineates the limits of the X cemetery graves (including any unmarked graves) and provide a signed and sealed statement from the project engineer that the proposed development including the required infrastructure improvements will not impact the existing graves, including measures to be taken to protect them from impacts of construction. 29, Note on both the landscape plan the amount (sf & %) of site that is pervious X , . vs. ImpervIous, 30. Revise sign detail on sheet DT-l to change the sign color from Buff to White X Wheat (porter Paint # 148-6883-1) to match the perimeter wall and buildings. 31. Revise Tot Lot Fence and Gate detail and Gazebo detail on sheet SP-2 to X include paint colors that match perimeter buffer wall colors, 32. The applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program and must demonstrate their participation. Submit copies of the completed art form (on official form). Provide details on site and landscape plans of location and general proposal for the public art area. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS 33, Purchasers shall be informed that sound walls are not being installed as part X of the development of the project, that there is no guarantee that they will be CONDITIONS OF APPROVAL MIRAFLOR NWSP PAGE 6 DEPARTMENTS INCLUDE REJECT installed, and that the city is not responsible for installation of sound walls within the 1-95 right-of-way or on the subject property. MWR/k:z S:\Planning\SHAREDlWPlPROJECTS\Miraflor\NWSP\COA,doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Miraflor at Boynton Beach APPLICANT'S AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. APPLICANT: Miraflor at Boynton Beach, LLC AGENT'S ADDRESS: 420 West Boynton Beach Boulevard, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5,2006 TYPE OF RELIEF SOUGHT: Request approval of a New Site Plan for development of 40 town homes on a 3.87-acre parcel in the R-3 (Multi-family Residential) zoning district. LOCATION OF PROPERTY: West side of North Seacrest Boulevard across from Mentone Road (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO, X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 . Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested, 3, The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included", 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7, Other DATED: City Clerk S:lPlanningISHARED\ WPIPROJECTSlMiratlorINWSPlDO, doc Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 a Floridan Aquifer well field, East Water Treatment Plant expansion (EPX), Stage 1 Project. D. Approve full release of surety for the project known as Safe & Secure Self Storage of Boynton Beach, in the amount of $72,180.90 and to return the original letter of credit no. 182060-100 from Fidelity Federal in this amount to the developer, the Pugliese Company. Motion Commissioner McKoy moved to approve all items in the consent agenda. Commissioner McCray seconded the motion. The motion passed unanimously. VII. CODE COMPUANCE &. LEGAL SETTLEMENTS: A. Approve payment of settlement from continuing negotiations in the amount of $75,000 in the case of Roy and Christi Hernandez vs. City of Boynton Beach, et al. Motion Commissioner McCray moved to approve item VILA. Commissioner Rodriguez seconded the motion. The motion passed unanimously. B. Approve the Code Compliance Board's November 15, 2006 decision to reduce the lien in Case 04-1890 from $14,043.24 to the City's administrative costs of $1,018.24. ' Motion Commissioner McCray moved to approve item VILB. Commissioner McKoy seconded the motion. The motion passed 3-1. (Commissioner Rodriguez dissenting) VIII. PUBUC 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. Attorney Cherof administered an oath to all those intending to testify on any of the matters for public hearing. He explained the procedure to be followed. A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owner: Location: Miraflor (ANEX 06-009) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Boulevard across from Mentone Road Request to annex the subject property (3.87 acres). (1st Reading Proposed Ordinance No. 06-093)(Tabled to January 2, 2007) Miraflor (LUAR 06-022) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Aorida, Inc. West side of North Seacrest Boulevard across from Mentone Road 7 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Description: Request to amend the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 dujac) (1st Reading Proposed Ordinance No. 06-094) (Tabled to January 2, 2007) Request to rezone from Residential, Multi-family (PBC RM) to Multi- family Residential (R-3) (1st Reading Proposed Ordinance No. 06-095) (Tabled to January 2, 2007) Proposed use: Residential development consisting of 40 multi-family townhome units. c. Project: Agent: Owner: Location: Description: Miraflor (NWSP 06-027) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Sea crest Boulevard across from Mentone Road Request for new site plan approval to construct 40 townhomes and related site improvements on 3.87 acres in the R-3 Multi-family Residential zoning district. (Tabled to January 2, 2007) Motion Commissioner McCray moved to remove items VIlLA, VIlLB and VIILC from the table. Commissioner McKoy seconded the motion. The motion passed unanimously. Attorney Cherof requested all items regarding Miraflor be consolidated for hearing. Bradley Miller, Miller Land Planning Consultants, Inc., agent for the owner, acquiesced to the request. Attorney Cherof pointed out the annexation was not a quasi-judicial hearing, rather a legislative decision by the Commission. Kathleen Zeitler, Planner, located the property and reviewed the requests. She indicated staff recommended approval of the annexation, amendment of the land use and the rezoning. Mr. Miller added the ultimate plan for the City was to annex properties up to Hypoluxo Road and the 3.87 acres would be in furtherance of that goal. The site plan included five buildings of eight units each. The project would be a non-age restrictive community and provide affordable housing in the area. Mr. Miller advised he had met with the residents of Pine Point and heard their concerns. Commissioner McCray noted the project was adjacent to a cemetery and inquired about any landscaping that would shield the view of the mausoleum. Mr. Miller described the wall and landscape buffering that would be included. He also noted that four of the five buildings had a north to south orientation and would not have a view facing the cemetery. 8 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Mr. Miller added the project included 40 affordable homes, as defined by the county, and would be increasing the tax revenue and revitalizing the housing in the area. He also emphasized the land use would be identical to the Pine Point apartments. Mayor Taylor inquired if the applicant agreed with all 32 conditions of approval. Mr. Miller concurred. Mayor Taylor opened the issue for public hearing. Mary Drago, 311A Country Lane, Pine Point Village, offered her opinion that the project was not needed in the area and preferred the area remained the same. She indicated a petition against the project had been circulated that contained approximately 100 names. Mayor Taylor advised Ms. Drago it was privately owned property and the owner had the right to develop his property. Ms. Drago complained she did not want the noise, traffic or children in the area. She also did not feel the price would be considered affordable for teachers, police or firemen. If the units did not sell, her concern was they would become rentals and have only transient residents. Commissioner McCray echoed Mayor Taylor's remarks and added the City was not marketing the development; that would be the responsibility of the owner. Carol Deary, Pine Point Villas, requested an explanation of the difference between residential, multi-family PBC RM to multi-family residential R3. Ms. Zeitler explained it represented a change from the Palm Beach County designation to the Oty of Boynton Beach designation limiting density to 10.8 dwelling units per acre. Ms. Deary contended the new designation was not in conformity with the neighborhood because the new project included two-story buildings and had a higher density. Ms. Zeitler pointed out the zoning and density would be the same as the Pine Point Villas. Mr. Miller pointed out the cemetery mausoleum and Sam's Club were both higher than one story. Commissioner McCray added the hotel off of Hypoluxo Road was multi-story creating a step down in height from Hypoluxo Road to the one-story single family homes. John Cadella, 3311 Loren Road, Pine Point Villas, contended drainage could be problematic for Pine Point Villas if not properly constructed. He also felt the traffic flow would create congestion on Seacrest and the parking for the homes was inadequate. This supported the contention that the density was too high. Mr. Miller responded to the concerns and asserted the owners were simply complying with the City's desire to grow and it was a parallel change in zoning. The height difference would offer a transition north to south and east to west. He emphasized the traffic study indicated a low impact and the number of parking spaces exceeded the Code requirement. Mr. Miller explained the density was needed to maintain the affordable housing aspect of the project. Mr. Bressner suggested adding a condition of approval that all prospective buyers be made aware before purchasing the units, that there was no guarantee that the 1-95 noise reduction wall would 9 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 be constructed to the northern end of the property. Mr. Miller agreed to the additional condition of approval. Attorney Cherof read Proposed Ordinances 06-093, 06-094 and 06-095 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance 06-093. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Motion Commissioner McCray moved to approve Proposed Ordinance 06-094. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Motion Commissioner McKoy moved to approve Proposed Ordinance 06-095. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Motion Commissioner McCray moved to table item VIII.C to January 16, 2007. Commissioner Rodriguez seconded the motion. The motion passed unanimously. D. Project: Agent: Owner: Location: Description: North General Center of Medicine (ZNCV 07-002) Roy Dunworth, Dunworth Construction, Inc. Dr. Jean Renelien, United Medical Enterprises, Inc. West side of Federal Highway, south of the C-16 canal Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.D.3, requiring a minimum lot depth of 100 feet, to allow a variance of 18 feet and an approximate lot depth of 82::r feet for a proposed commercial/office development within the C-4 (General Commercial) zoning district. E. Raymond Barry, architect for the project, was present on behalf of the applicant. Attorney Cherof asked for an overview of the necessity for the variance. Gabriel Wuebben, Planner, reported the application met the standards and recommended approval based on hardship due to circumstances that are not a result of actions by the applicant. It is the minimal variance necessary for the best and reasonable use of the land. It would be compatible with the surrounding properties. 10 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 Description: Request to amend the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 dujac); and Request to rezone from Residential, Multi-family (PBC RM) to Multi-family Residential (R-3) Proposed use: Residential development consisting of 40 Multi-family townhome units. Ms. Zeitler reviewed the request and recommended approval of the Land Use Amendment and Rezoning. Chair Wische opened the floor to public hearing. Ms. Drago asked when the zoning was changed if it would be just for Multi-family. Ms. Jaskiewicz confirmed it would. Chair Wische closed the floor to public hearing. Motion Mr. Saberson moved to approve the Land Use and Rezoning. Ms. Jaskiewicz seconded the motion. Mr. Blehar explained he had issues with the site plan, with the architecture, and several issues relative to circulation. He thought the only muscle the City had to make the changes was a refusal to allow the rezoning. He announced he would vote against it. Vote The motion passed 6-1. (Mr. Blehar dissenting). B. Miraflor New Site Plan 2. Project: Agent: Owner: Location: Description: Miraflor (NWSP 06-027) Bradley Miller of Miller Land Planning Consultant, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Blvd., across from Mentone Rd. Request for new site plan approval to construct 40 town homes and related site improvements on 3.87 acres in the R-3 Multi- family Residential Zoning. Chair Wische read the request and asked the applicant whether he agreed with the conditions of approval. Mr. Miller agreed with the conditions and gave a presentation. The parcel was separated from the cemetery. The Land Use and Rezoning would be consistent with the Pine Point Villas community to the south. The project was comprised of 40 townhomes consisting of five buildings with eight units each. 6 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 The configuration of the property zigzagged and was irregular to accommodate the cemetery to the north. The entry would be off Seacrest on the south boundary with access roads leading to the units. In the rear there was a turnaround area for sanitation and fire vehicles. There were two different dumpster locations. Each unit had a single car garage and second parking space in the driveway parking area. There were overhead utility lines and those lights would remain. They would also add a five-foot buffer on the south property line and additional hedge of trees using two different types of trees that would comply with FPL requirements. The combination would result in an eight-foot high hedge with tree canopy. The units were about 1,500 sf (square feet). This was not a subsidized low-income housing project. The price range would be in the high 200K's. There was a dry detention area for drainage, a tot lot and a wall on the northern boundary to screen the cemetery. Mr. Miller had diagrams of the units. The project would commence around the summer of 2007. He reported the zoning was an appropriate transitional use from 1-95 to the Single-family areas to the east. The tot lot was the only recreational area in the development. Mr. Miller explained the target market is the family community. Compared to other projects, the size of the lot was appropriate. The proposed landscaping met the Code requirements. Mr. Miller thought the project would revitalize the area. Mr. Blehar discussed the rear elevation of the units would be visible when entering the development, which was the least attractive. He was concerned about the lack of a clubhouse and although the tot lot was provided, he thought it was common to provide a meeting place. He thought because it was workforce housing, it was likely to have boxed vans with signage which could not go in the garage or driveway and the vans would be parked on the side of the project adjacent to the roadway. The zoning was R-1, which was a bigger step from R-3 zoning. He reported the architecture does not age well and thought the development would go down hill. He thought workforce housing should receive the nicest product possible. However, he could not support the request. Vice Chair Hay asked about the size of the street and turnaround areas. Mr. Miller explained they meet the turning radius in the Code. The Engineering Department also reviewed the plan. Vice Chair Hay asked about the drainage. Mr. Miller explained the water run-off would run off the property to the east and west based on the grading of the project. The minimum height of the trees would be 12 feet, which was the minimum tree height. Mr. Casaine thought there were safety features in place and thought it was a well thought out plan. Mr. Saberson asked about the south line of the property and the direction the units faced. The units on the south were oriented to the south. The front entranceways faced each other and had patio areas. One building would face south which would be the last building. Ms. Jaskiewicz asked if the buildings could be flipped to face away from Seacrest. Mr. Miller reported they tried different designs and layouts. He noted there was some separation between the street and the initial wall with landscaping. The cemetery had a hedge and trees, and the landscaping for the project would be in addition to that. He explained he 7 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 worked with the staff on the architecture and there was a line between amenities and affordability. He indicated a clubhouse would add to the price of the homes. He commented his association does not have a clubhouse and they rent a space for meetings. Having a clubhouse would increase the price of the units to an amount that was higher than the one his client wanted to provide. Ms. Grecvic commented as a real estate broker in the downtown area, the project would improve the area. The homes across the street were built out and in foreclosure. There is a true need for affordable townhome communities. Amenities such as pools and clubhouses, especially with insurances costs, increase the price of the units. She thought there was a true need for small pockets of communities like this with low association dues. Chair Wische opened the floor to public comments. Ms. Drago, 3118 Pine Country Lane, invited Mr. Miller to attend one of their Homeowner Association Meetings to discuss the plans in greater detail and answer questions. She noted at one time residents from across the street came to their community and used their pool. They were apprehensive about the project because they do not have a gate. Chair Wische suggested having a sign and badge identification. Ms. Drago responded the occurrence she spoke about happened years ago at night. A man who was drunk fell into the pool. Ms. Jaskiewicz noted the Wilson Center pool would be opened. Mr. Kadella was concerned about the ground elevation of the project as it pertained to storm water runoff. He asked about the buffer on the south boundary line and if it were pOSSible to change the roofline of the first building to enhance the architecture fac;ade. Ms. Williams thought the price of the housing was not for the working class. With insurance costs, and as a multi-family project with children, she was concerned there would be no accommodations for them. She asked if the units could not be sold, would they be turned into rentals. Chair Wische closed the floor to public hearing. Mr. Saberson asked about the finished floor elevation and drainage. Ms. Zeitler responded staff reviewed the conceptual drainage plan and would review the full drainage plan at the time of permit. The Engineering Department reviewed and approved the conceptual plan which addressed the water runoff. There could be final revisions by the time they submit for a building permit and the review would be much more detailed. Motion Vice Chair Hay moved to approve the request for new site plan to construct 40 townhomes and related site improvements on 3.87 acres in the R-3 M_ulti-family Residential Zoning District subject to all staff comments. Mr. Cwynar seconded the motion that passed 6-1, (Mr. Blehar dissenting). The board took a short break at 7:52 p.m. The board reconvened at 8:04 p.m. 8 XII. - LEGAL - 2nd Reading Non-Development ITEM 8.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORln Requested City Corrunission Date Final Fonn Must be Tumed Meetin~ Dates ' in to City Clerk's Office Requested CitY Commission Meetinl! Dates Date Final Form Must be Turned in to City Oerk's Office 0 December 5, 2006 0 January 2, 2007 ~ January] 6, 2007 0 February 6, 2007 November 20, 2006 (Noon,) 0 February 20, 2007 December 18,2006 (Noon) 0 March 6, 2007 January 2, 2007 (Noon) 0 March 20, 2007 January 16, 2007 (Noon) 0 April 3, 2007 February 5, 2007 (Noon) NA11JRE OF AGENDA ITEM o o o o o Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing D City Manager's Report o New Business t8J Legal o Unfinished Business o -0 :x (..) .. ut N C'") o=t =i-< -'<0 (j'"YJ 'm rTl0 ,;1;)-< ~.:z: ui-t o Oz ." ."t:u nm P.~ ::r February 20, 2007 (Noonb Ch March 5,2007 (Noon) ~ ("") March 19,2007 (Noon) ~ RECOMMENDATION: Adopt an Ordinance amending Ordinance 06-050 which consolidated the Children and vouth Advisory Board and the Education Advisory Board. EXPLANATION: On June 20, 2006, the City Commission adopted Ordinance 06-050 which consolidated the Children and Youth Advisory Board with the Education Advisory Board and created the Education and Youth Advisory Board. Some items, such as the deletion of the section of the Code referring to the Education Advisory Board and 'changing all references of either of the previoQS boards to the newly created Education and Youth Advisory Board are appropriate at this time so that the City of Boynton Beach's Code of Ordinances is correct. PROGRAM IMPACT: Oarifying the City of Boynton Beach's Code of Ordinance, FISCAL IMPACT: NJA AL TERNA TIVES: Not approve the ordinance clarifying the Code. ~~5 Department Head's Signature City Attorney Assistant to City Manager Department Name City Attorney J Finance S:\BULLETIN\FORMSlAGENDA ITEM REQUEST FORM,DQC ] ORDINANCE NO. 07-001 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING SECTION 2-116 OF THE CITY OF 5 BOYNTON BEACH CODE OF ORDINANCES TO PROVIDE 6 FOR THE CREATION OF THE EDUCATION AND YOUTH 7 ADVISORY BOARD; DELETING ARTICLE VIII, 8 "EDUCATION ADVISORY BOARD" IN ITS ENTIRETY; 9 AMENDING CHAPTER 2, ARTICLE VII CHANGING ALL 10 BOARD REFERENCES FROM "CHILDREN AND YOUTH ] ] ADVISORY BOARD" TO "EDUCATION AND YOUTH ]2 ADVISORY BOARD"; PROVIDING FOR CONFLICTS, 13 SEVERABILITY, CODIFICATION AND AN EFFECTIVE ]4 DATE. 15 ] 6 WHEREAS, on June 20, 2006, the City Commission adopted Ordinance 06-050 17 hich merged the powers and duties of the Children and Youth Advisory Board and the 18 ducation Advisory Board which became the Education and Youth Advisory Board; and ] 9 WHEREAS, some items, such as deletion of the section of the Code of Ordinances 20 hich refers to the Education Advisory Board is appropriate for the City of Boynton Beach's 21 ode of Ordinance to be accurate. 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 23 F THE CITY OF BOYNTON BEACH, FLORIDA: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 eing true and correct and are hereby made a specific part of this Ordinance upon adoption 26 ereof. 27 Section 2. Amending Chapter 2, Article VII, Section 2-116, Created, is hereby 28 mended by adding the words and figures in underlined type, and by deleting the words and 29 19ures in struck-through type as follows: 30 Section 2-116, Created, :\CC\WP\ORDINANCES\2007\07-OOJ - Consolidation ofEAB and CY AB revised (J2J206),doc 1212007 -Revised on first reading ] 2 3 4 5 6 7 The City Commission, in accordance with the powers vested in it, hereby merges the Children and Youth Advisorv Boards and the Education Advisorv Board creates and establishes thea c-lti-kirenEducation -and yYouth aAdvisory h~oard. Section 3. 'That Chapter 2, Article VIII, "Education Advisory Board" is hereby 8 eleted in its entirety. 9 Section 4. Any and all references in the City of Boynton Beach Code of ] 0 rdinances to the Children and Youth Advisory Board shall be changed to reflect that it is ] ] ow known as the Education and Youth Advisory Board. ]2 Section 5. Each and every other provision of the Code of Ordinances not herein ] 3 pecifically amended, shall remain in full force and effect as originally adopted. ]4 Section 6. All laws and ordinances applying to the City of Boynton Beach in ]5 onflict with any provisions of this ordinance are hereby repealed. ]6 Section 7. Should any section or provision of this Ordinance or any portion ] 7 ereof be declared by a court of competent jurisdiction to be invalid, such decision shall not ] 8 ffect the remainder of this Ordinance. ]9 Section 8. Authority is hereby given to codifY this Ordinance. 20 Section 9. This Ordinance shall become effective immediately. :\CC\WP\ORDINANCES\2007\07-001 - Consolidation ofEAB and CY AB revised (12 1 206},doc /2/2007-Revised on firs! reading 2 FIRST READlNG this 2nd day of January, 2007, 3 4 SECOND, FlNAL READlNG AND PASSAGE this _ day of 5 6 ,2007, 7 8 ClTY OF BOYNTON BEACH, FLORlDA 9 10 II Mayor - Jerry Taylor 12 13 14 Vice Mayor - Robert Ensler 15 16 17 Commissioner - Mack McCray 18 19 20 Commissioner - Jose Rodriguez 21 22 23 Commissioner - Carl McKoy 24 TrEST: 25 26 27 ity Clerk 28 29 Corporate Seal) 30 :\CC\WP\ORDINANCES\2007\07-00l - Consolidation ofEAB and CY AB revised (12l206),doc /2/2007-Revised on first reading Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Chapter 21; providing for additional time that special signs can be maintained. Attorney Cherof read Proposed Ordinance No. 06-098 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 06-098. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. C. Ordinances - 1st Reading 1 Proposed Ordinance No. 07-001 RE: Amending Ordinance 06-050 which consolidated the Children and Youth Advisory Board and the Education Advisory Board to clarify the City of Boynton Beach's Code of Ordinances. Attorney Cherof read Proposed Ordinance No. 07-001 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 07-001. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 2. Proposed Ordinance No. 07-002 RE: Amending Ordinance 05-060 to provide that the art fee does not apply to projects which had applications pending on or before October 5, 2005; providing that the 30% of the 1% (.03) Public Art fee is collected by the Building Department at time of Building Permit issuance and the 70% of the 1% (.07) prior to and as a condition of issuance of the certificate of occupancy which includes the Public Art. Attorney Cherof read Proposed Ordinance No. 07-002 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 07-002. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 14 . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR1\'J XlI. - LEGAL - 2nd Reading Non-Development ITEM 8.2 c'"~ : Requested city Commissioo Meetil\g DaIcs Date Final FonD Must be Turned Requested City Commission Date Final Form Must be Turned , in to C-i1y Ocrt'!; Office ~ Datrs to c-ity f:Ietk'!; Office November 20, 2006 (Noon) 0 February 20; 2007 February 5, 2007(Noon) December 14,2007 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) , January 2, 2007 (Noon) 0 MlmI 20, 2007 M.-dt 5, 2007(N00Ji) January 17,2007 (Noon) 0 April 3, 2007 M.-dt J9, 2007 (Noon) o December 5, 2006 [J January 2, 2007 fi(J January 16,2007 o February 13,2007 NATIJRE OF AGENDA ITEM 0 Announcc:menIsItabons 0 City Manager's Report 0 Administrative 0 New Business 0 Consent Agenda lXI Legal 0 Code Compliance & Le~ Settlements 0 Unfinished Business b Public Hearing RECOMMENDATION: Amending Ordinance 05-060 to provide that the art fee does not apply to projects which had applications pending on or before October 5, 2005; providing that the 300A. of the 1% (.03) Public Art fee is collected by the Building Deparbnent at time of Building Permit issuance and the 700A. of the 1 % (.07) prior to and as a condition of issuance of the certificate of occupancy which includes the Public Art. EXPLANATION: These recommendations are coming forward as previously directed by City Commission. Approving the language, Projects that were submitted prior to or on Oct. 5? 2005 notwithstanding an, subseqilenttitJuenfor site p/IIn extension and the 30% of the 1% (.03) , Public Art fee III time of Bimding Permit issuance that is included in the amended ordinance. Following the last Commission discussion which included staggering art fee payments for phased developments, staff reviewed. the issue and is of the opinion that the language shown in the amendment provides the appropriate balance of the importance of collecting the art fee and impact of the fee on the development community. The purpose is to :fix the Public Art Fee to a specific component of a multi-phase project up front at the time of site plan review and prior to permitting. Amending the Public Art Ordinance does not exempt City project from the 1 % Public Art Ordinance. City projects would be required to include Public Art in their projects. PROGRAM IMPACT: lIDs serves to clarify the responsibility of the developer and avoid the . additional accounting burden on staff of trying to keep track of multiple Public Art fee payments on multiple phases for multiple projects. The site plan review process allows the developer to review the project with the Public Art -\.dministrator to determine where and how to incorporate the Public Art Component in the project. .Je developers decision where to place the Public Art component is made prior to issuance of permit and determines what phase tbe-700A. of the 1 % Public Art Fee is evaluated for Building Certificate of Occupancy. S:\BULLJmN\FORMS\AGENDA ITEM REQUEST FORM.DOC . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The amended, collection of the 30% of the fee at time of permit, language wi]] preserve the 200612007 Art in Public Places budget by and enable the program to initiate some of the planned programs designed to attract visitors and residents to key areas of the City. The Public Art ordinance that requires the City to include Public Art in their projects will set the example for the development and redevelopment of our City. Wherever there is a Public Art program it is customary first and foremost that it includes City projects. DOCUMENTATION ATTACHED: Exhibit A - Amended Ordinance {u.(!u Department Name , ~.;,/ S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FOAAi.DOC I ORDINANCE NO. 07-002 2 3 AN ORDINANCE OF THE CITY COMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 ORDINANCE 05-060 TO PROVIDE THAT THE ART FEE 6 DOES NOT APPLY TO PROJECTS WHICH HAD 7 APPLICA TIONS PENDING ON OR BEFORE OCTOBER 5, 8 2005; PROVIDING WHEN THE ART FEE IS PAYABLE; 9 PROVIDING CONFLICTS; PROVIDING FOR 10 SEVERABILITY; PROVIDING FOR INCLUSION; II PROVIDING FOR AN EFFECTIVE DATE 12 13 WHEREAS, the Commission has heretofore adopted Ordinance 05-060 creating the 14 Art in Public Places program; and 15 WHEREAS, the City Commission has determined that it is in the best interest of the 16 Art in Public Places Program to modify the program as hereinafter set forth. 17 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA: 19 The foregoing "WHEREAS" clauses are hereby ratified and Section 1. 20 confirmed as being true and correct and are hereby made a specific part of this Ordinance 21 upon adoption hereof. 22 Section 2. Ordinance 05-060, codified as Article XII, Chapter 2 of the Code of 23 Ordinances of the City of Boynton Beach, entitled "Art in Public Places Program," is hereby 24 amended to read as follows: 25 Sec. 2-159. Short title; intent. 26 (A) This chapter shall be known and cited as the "Art in Public Places Program." 27 28 (B) It is the intent and purpose of this chapter to further the commitment of the 29 City of Boynton Beach to the aesthetic, historical, cultural and economic enrichment of the 30 community through the creation of works of art so that citizens and visitors to the City of 31 Boynton Beach are afforded an opportunity to enjoy and appreciate works of art. The 32 requirements of this chapter shall be construed to promote the aesthetic values of the entire 33 community and to encourage the preservation and protection of works of art. S:\CC\WPIORDINANCES\2007\07-OO2 - Art in Public Places-J22206,doc I 2 Sec. 2-160. Definitions. 3 4 5 6 7 8 9 10 II 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 (A) Definitions, For the purposes of this section, the following words and phrases shall have the following meanings: (I) Artist or Professional Artist means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts. (2) Art, Artwork or Works of Art means tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the visual arts conceived in any medium, material, or combination thereof, including, but not limited to, paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video projections, digital images, bas-relief, high relief, fountains, kinetics, collages, drawings, monuments erected to commemorate a person or an event, functional furnishings, such as artist designed seating and pavers, unique or original architectural elementsdesigned by an -aFtist, and artist designed landforms or landscape elements. The following shall not be considered artwork or works of art for purposes of this chapter: (a) Reproductions or unlimited copies of original artwork. (b) Art objects, which are mass-produced. (c) Works that are decorative, ornamental, or functional elements of the architecture or landscape design, except when commissioned from an artist or desi~ned as an integral aspect of a structure or site, (3) Building means any structure that encloses space and is used or built for the shelter or enclosure of persons, businesses, chattel or property. (4) Development means any construction, or redevelopment, or structural alteration of any private or public building within the limits of the City. (5) Arts Commission means the advisory board established by the City Commission pursuant to Ordinance 01-64. (6) Public Art Fund means a separate, interest bearing account set up by the City to receive monies for the Art in Public Places Program. S:\CC\WP\ORDINANCES\2007\07-002 - Art in Public Places-I 22206,doc 2 1 2 3 4 5 6 (7) Remodeling or conversion mcans altcrations madc to a building wilbin any twelvc month period, including, but not limitcd to, changcS to the fa,ade of a building, changes to the interior of a butldmg, mcreases or decreases m the floor area of a building and changes to extenor Improvements. S 2-161. Arts Commission. ec. The Boynton Beach ArtS Commission shaJl function and operate as outlined in the City of Boynton Beach's Ordinance No. 01-64. 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 Sec. 2-162. powers and duties of committee. (A) The Arts Commission shaJl have the foJlowing additional powers and duties: (1) Recommend to the City Commission, adoption of Art in Public Places Program Guidelines and amendments thereto; (2) Recommend to the City Commission, adoption of a Public Art Master Plan identifying locations for public artWorks and establishing a priority order; (3) Recommend to the City Commission authorization of expenditnreS for maintaining and implementing the Art in Public places Program; (4) Recommeod to the City Commission other expenditures of the Public Art Fund such as hiring staff and services to run the Art in Public Places Program; (5) Exercise their authority to approve, approve with conditions or disapprove proposed installation of artwork based on Art in Public Places Program Guidelines; and (6) Advance, through education and communication, the Art in Public places program Guidelines. The guidelines are attached as Exhibit "A". Sec. 2-163. Establishment of Public Art Fee (A) AJI development, redevelopment, reconstrUction or remodeling projects commenced aftcr the adoption of this ordinance which have a construction value of $250,000.00 or greater, shaJl participate in the Art in Public Places Program by paying a Public Art Fcc. For the purpose of this section, a project wiJl be considered "commenced" when an application for review is first submitted to the City's Development Department. The Public Art Fee shall be equal to 1 % of constrUction value of the project. +he PaMic !\rt l'<!< shall be collected by->Ihe Building and Code COmj>liance 12.ivisionlFinan"" Department shall administer the hillin' and collection of tile 30% or .03 of the 1 % of the Public Art rec at tile time of Buildino Permit issuance and the 70% or .07 of the 1% prior \0 and as a S:\CC\WP\ORDINANCES\2007\07-OO2 - Art in Public Places-122206.doc 3 Sec. 2-164. Art and artist selection criteria. 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 II I ~ ondi tio~ of ~ing-i'<'flBiHssuance -2[lhL<:er/i)1 Ca I '_01 oe C u )ane v I ha I HlcJ ueb I he Puh I ic ;,rl. if~!J) 00%) of the Publtc Art Fees coJJected arc to be aJJocated to thc J ubllc Art Fund, AJJ dlstnbutlOns for the PUblic Art Fund require the recommendation of A ~s CommISSIOn pnor to City Commission approval. I Fee: (B) The foJJowing types of projects arc exempt from 'he paYment of the Public Art (I) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, earthquake or other calamity dctennined by the city of Boynton Beach building official. (2) The percent of the project dedicated to affordable housing as defined by the City of Boynton Beach. AIJ Jro 'eets which Wcre s uhmi lied In Or 10 or on October 5, 2005, ':CQ!\;'@&amlilliuillLillQ".eW!(TI!J"9ill'''' F"- si1<: pl el1,n l<11~Q!l, (C) Project owners required to Participate iu the Art in Public Places Program may obtain reimbursement up to seventy percent (70%) of collected art fee if the following conditions are met; (I) The owner of a development agrees to follow the Art Commission's recommendations to develop the art in the project; and (2) Prior to placement on the development site, has the artwork approved by the Arts Commission to insure that the artwork will be accessible and readily visible to the public based on location of artwork and nonnal traffic of vehicles/pedestrians in the proposed location; and (3) Select an artist directly to execute a project that mccts specific criteria outlined by the recommendations and guidelines document provided by the Arts Commission or hire a professional consultant to select artists to commission site-specific, architecturally integrated artworks that mccl specific art criteria outlined by the recommendations and guidelines document provided by the Arts Commission or; Purchase artworks for pennanent installation recommended by the Arts Commission or; Eject to purchase an existing artwork or commission an original artwork for donation as a gift to the City of Boynton Beach's public art collection,_ (A) The Art and Artist selection criteria shaJJ be in compliance with the Arts Commissions Guidelines and Recommendations. s:\CaWP\ORDlNANCESI2007l07_002 _ Art in Public PJaces-122206.doc 4 I 1 2 Sec. 2-165. Public Art fund. 3 4 (A) There is hereby created a public art fund administered by the Arts 5 Commission. Funding shall consist of all contributions received from art fees for 6 development and redevelopment. Contributions shall include 1 % of construction value on 7 projects exceeding $250,000.00, any cash grants and donations to the City for public art 8 projects from governmental or private resources, and all other funds allocated by the City 9 through the budgetary process for the provision of public art. 10 1 ] (B) Expenditures from the Public Art Fund shall include, but not be limited to 12 expenses associated with the selection, commissioning, acquisition, transportation, 13 maintenance, public education, promotion, administration, program marketing, 14 documentation, removal and insurance of the works of art or in relation thereto. The Arts 15 Commission can recommend to the City Commission, expenditures from the funds in 16 furtherance of the Art in Public Places Program. 17 ] 8 (C) Disbursements of the Public Art Fee shall be seventy percent (70%) to the ] 9 construction of art in a given project and thirty percent (30%) for the administration of the 20 Art in Public Places Program and a (endowment or reserve fund) for future work as 2] described in the Arts Commissions Guidelines & Recommendations. 22 23 Sec. 2-166. Ownership of artwork. 24 25 Unless otherwise expressly agreed to in writing by the City, ownership of all art 26 acquired through expending funds in the Public Art Fund shall be owned by the City 27 according to the Arts Commissions Recommendations and Guidelines. 28 29 Sec. 2-167. Art in Public Places Program Guidelines 30 31 The Arts Commission shall prepare, and from time to time recommend to the City 32 Commission revisions to the, Art in Public Places Program Guidelines and make the same 33 available to the public, which shall provide guidance for program organization; 34 organizational governance and staffing responsibilities; procedures for project planning; 35 artist selection; art selection criteria; art placement criteria; donations; loans and memorials; 36 collection management; and, administration of the Public Art Fund. 37 38 In the event language contained in the Art in Public Places Program Guidelines 39 conflicts with this Ordinance, the language in the Ordinance shall control. 40 41 Sec. 2-168. Art in Public Places Program Location Plan 42 43 The Arts Commission shall prepare, and from time to time revise, a Art in Public 44 Places Program Location Plan that identifies locations and criteria for public artworks and 45 establishes a priority order. 46 S:\CC\WP\ORDINANCES\2007\07-OO2 - Art in Public Places-I22206.doc 5 1 2 3 Section 3. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or 4 unconstitutional by any court of competent jurisdiction, then said holding shall in no way ~ affect the validity of the remaining portions of this Ordinance. 6 Section 4. Inclusion in Code. 7 It is the intention of the City Commission of the City of Boynton Beach, Florida, that 8 the provisions of this Ordinance shall become and be made a part of the City of Boynton 9 Beach Code of Ordinances, and that the sections of this Ordinance may be renumbered or 10 relettered and the work "ordinance" may be changed to "section," "article," or such other II appropriate work or phrase in order to accomplish such intentions, 12 Section 5. This Ordinance shall become effective immediately on passage, 13 FIRST READING this 2nd day of January, 2007. 14 SECOND, FINAL READING AND PASSAGE this ~ day of 15 2007. 16 CITY OF BOYNTON BEACH, FLORlDA 17 18 19 Mayor 20 21 22 Vice Mayor 23 24 25 Commissioner 26 27 28 Commissioner 29 30 31 Commissioner 32 A TrEST: 33 34 35 City Clerk S:\CC\WP\ORDINANCES\2007\07-002 - Art in Public Places-I 22206,doc 6 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Chapter 21; providing for additional time that special signs can be maintained. Attorney Cherof read Proposed Ordinance No. 06-098 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 06-098. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. C. Ordinances - 1st Reading 1 Proposed Ordinance No. 07-001 RE: Amending Ordinance 06-050 which consolidated the Children and Youth Advisory Board and the Education Advisory Board to clarify the City of Boynton Beach's Code of Ordinances. Attorney Cherof read Proposed Ordinance No. 07-001 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 07-001. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 2. Proposed Ordinance No. 07-002 RE: Amending Ordinance 05-060 to provide that the art fee does not apply to projects which had applications pending on or before October 5, 2005; providing that the 30% of the 1% (.03) Public Art fee is collected by the Building Department at time of Building Permit issuance and the 70% of the 1% (.07) prior to and as a condition of issuance of the certificate of occupancy which includes the Public Art. Attorney Cherof read Proposed Ordinance No. 07-002 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 07-002. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 14 ,"Q(", " ", ":T ' '!,O T...',' ~< , - -, - - - " , " " , , '. KII. - LEGAL - 2nd Reading Non-Development CITY OF BOYNTON BEACH ITEM B.3 AGENDA ITEM REQUEST FORh-. 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 December 5, 2006 November 20,2006 (Noon,) D D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon) ~ January 16, 2007 January 2,2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) D February 13,2007 January 22, 2007 D April 3,2007 March 19, 2007 (Noon) D AnnouncementslPresentati ons D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda ~ Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Second Reading: Adopt an Ordinance amending section 2-16 of the Code of Ordinances to add a new sub-section (i) to modify the commencement of terms for Board Appointees from April to November to coincide with the city election sequence, EXPLANA TION: The City Commission has determined that it is advantageous to allow for the appointment to City Boards to coincide with the election of City Commissioners, which occurs in November, The new sub-section would read as follows: The City Commission shall fill vacancies on City Boards by making appointments in December following the City's November Commission elections, commencing with the City Commission election of November, 2007, To the extent necessary to transition from April to November appointments, the term of office for any Board Appointee which would expire in April 2008 or any April thereafter shall instead expire in the preceding November, PROGRAM IMPACT: This will change the commencement ofterms for Board Appointees from April to November. FISCAL IMPACT: None ALTERNA :VES' No' ~ a:p,:ve IDe o,d;oan,e and ,ooHoue ro commence IDe t;rrn)",::;;o,eus io Ap,;I epartmeot ea s ,gnaMe We, s ,gnaMe Assistant to City Manager ~ City Attorney / Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 ORDINANCE NO. 07-004 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING SECTION 2-16 OF THE CODE OF 5 ORDINANCES TO ADD A NEW SUB-SECTION (i) TO 6 MODIFY THE COMMENCEMENT OF TERMS FOR 7 BOARD APPOINTEES FROM APRIL TO DECEMBER TO 8 COINCIDE WITH THE CITY ELECTION SEQUENCE; 9 PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. I] 12 WHEREAS, the City Commission has determined that it is advantageous to allow for ] 3 e appointment to City Boards to coincide with the election of City Commissioners, which ] 4 ccurs in November; and ] 5 WHEREAS, the prevIOUS time of appointment to City Boards coincided with ]6 unicipal elections when they were held in ApriL 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ] 8 F THE CITY OF BOYNTON BEACH, FLORIDA: ]9 Section }, The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 eing true and correct and are hereby made a specific part of this Ordinance upon adoption 2] ereof. 22 Section 2. Section 2-16 of Chapter 2, "City Boards and Commissions" is hereby 23 mended to add a new Subsection (i) to read as follows: 24 25 26 27 28 29 30 3] 32 33 1. The Citv Commission shall fill vacancies on City Boards bv making appointments in December following the City's November Commission elections. commencing with the City Commission election of November. 2007. To the extent necessary to transition from April to November appointments. the leon of oflice for any Board Appointee \vhich would expire in April :2008 or anv April thereafter shall instead expire in the preceding November. Section 3. Each and every other provision of the Code of Ordinances not herein :\CC\WP\ORDINANCES\2007\07-004. Board Appointments,doc /2/2007-Revised on first reading / additional revisions on second reading pecifically amended, shall remain in full force and effect as originally adopted. 2 Section 4. All laws and ordinances applying to the City of Boynton Beach in 3 onflict with any provisions of this ordinance are hereby repealed. 4 Section 5. Should any section or provision of this Ordinance or any portion 5 ereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 6 ffect the remainder of this Ordinance. 7 Section 6. Authority is hereby given to codify this Ordinance. 8 Section 7. This Ordinance shall become effective immediately. 9 FIRST READING this 2nd day of January, 2007. 10 11 SECOND, FINAL READING AND PASSAGE this _ day of 12 13 ,2007. 14 15 CITY OF BOYNTON BEACH, FLORIDA 16 17 18 Mayor - Jerry Taylor 19 20 21 Vice Mayor - Robert Ensler 22 23 24 Commissioner - Mack McCray 25 26 27 Commissioner - Jose Rodriguez 28 29 30 Commissioner - Carl McKoy 31 32 33 34 ity Clerk 35 36 Corporate Seal) 37 :\CaWPIORDINANCES\2007\07-004 - Board Appointments.doc 1212007 -Revised on first reading I additional revisions on second reading Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 3. Proposed Ordinance No. 07-003 RE: Amending Section 2-16 of the Code of Ordinances to add a new sub-section (h) to provide for a uniform procedure for nominating and voting for the Chair and Vice Chair of City boards. Attorney Cherof read Proposed Ordinance No. 07-003 by title only. Mayor Taylor passed the gavel to Commissioner McKoy. Motion Mayor Taylor moved to approve Proposed Ordinance No. 07-003. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 2-2. Attorney Cherof declared the motion failed. 4. Proposed Ordinance No. 07-004 RE: Amending section 2-16 of the Code of Ordinances to add a new sub-section (i) to modify the commencement of terms for Board Appointees from April to November to coincide with the City election sequence. Attorney Cherof read Proposed Ordinance No. 07-004 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-004. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. D. Resolutions: None E. Other: 1. Closed-door Executive Session to discuss pending litigation in the following case: Boynton Beach Alliance; and Desiderio Corp., a FL corporation; Ewell L. Miller, individually and Sir Electric, Inc., a FL corporation vs. The City of Boynton Beach - Case No. CA 02-01704 AN (Tabled to January 2, 2007) Attorney Cherof announced the request for a closed-door executive session and read the caption of the case to be discussed. In attendance would be the Mayor, Commission, City Manager and City Attorney. 15 XII. - LEGAL 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 Citv Clerk's Office Meeting Dates in to Citv Clerk's Office D December 5, 2006 November 20,2006 (Noon,) D D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon) ~ January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) D February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) D Announcements/Presentations D City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda ~ Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Appoint City Commission representative and alternate to the following organization: Palm Beach County League of Cities EXPLANATION: Attached is a brief synopsis of each organization and the current representatives. PROGRAM IMPACT: FISCAL IMPACT: (Include Account Number where funds will come from.) ~ City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING 5 AS A REPRESENTATIVE 6 TO THE PALM BEACH COUNTY LEAGUE OF CITIES, 7 AND APPOINTING ALL CITY COMMISSION 8 MEMBERS, AND THE CITY MANAGER AS 9 ALTERNATE REPRESENTATAIVES TO THE PALM 10 BEACH COUNTY LEAGUE OF CITIES; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled 15 to representation on the Palm Beach County League of Cities; and 16 WHEREAS, the City Commission has considered the qualifications necessary for 17 such representation and wishes to bestow upon the following named individuals such right 18 and honor of service. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as 22 being true and correct and incorporated herein by reference. 23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 24 appoints as a representative to the League of Cities and 25 appoints any City Commission member and City Manager as alternate representative to the 26 Palm Beach County League of Cities. 27 Section 3. That this Resolution shall become effective immediately upon passage, S :\CA \RESO\Appointments\Palrn Beach County League of Cities 07,doc 1 2 PASSED AND ADOPTED this 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) ~~ day of ,2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Robert Ensler Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner - Carl McKoy S:\CA\RESO\Appointments\Palm Beach County League of Cities 07,doc COMMISSION APPOINTED ORGANIZATIONS 2005-2006 Or~anization Representative Alternate Meetin~ Time & Location PBC League of Cities McKoy Commissioners, 4th Wed @ 10:30 a.m. City Manager Various locations PBC League of Cities McKoy Brd ofDir MPO Mayor McCray 3nt Thurs @ 9:00 a.m, Governmental Center COBWRA Ferguson McCray 3m Wed @ 9:30 a.m. Various locations Intergovernmental Ensler Ferguson As needed Coordination Program Commission approved 1/3/06 Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 1 ih floor conference room of the Governmental Center. Representative - Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern, The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate - Countywide Intergovernmental Coordination Program The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter- jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - ",Y.'~:"~',~, ". ~.'.' i '( :... " . / ';/. "/ XII. - LEGAL ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlll Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 5, 2006 November 20,2006 (Noon,) D D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon) ~ January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) D February 13,2007 January 22, 2007 D April 3,2007 March 19,2007 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda ~ Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA nON: Appoint City Commission representative and alternate to the following organization: Metropolitan Planning Organization EXPLANATION: Attached is a brief synopsis of each organization and the current representatives. PROGRAM IMP ACT: FISCAL IMPACT: (Include Account Number where funds will come from.) ALTERNA~ A?J Department Head's Signature ~ City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETTN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING 5 AS A REPRESENTATIVE 6 TO THE METROPOLIT AN PLANNING 7 ORGANIZATION AND APPOINTING ANY CITY 8 COMMISSION MEMBER AS ALTERNATE 9 REPRESENTATIVE TO THE METROPOLITAN 10 PLANNING ORGANIZATION; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled 15 to representation on the Metropolitan Planning Organization; and 16 WHEREAS, the City Commission has considered the qualifications necessary for 17 such representation and wishes to bestow upon the following named individuals such right 18 and honor of service, 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section 1, The "WHEREAS" clauses above are hereby ratified and confirmed as 22 being true and correct and incorporated herein by reference, 23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 24 appoints as a representative to the Metropolitan Planning 25 Organization and appoints any City Commission member as alternate representative to the 26 Metropolitan Planning Organization. 27 Section 3. That this Resolution shall become effective immediately upon passage. S:\CA \RESO\Appointments\MetropoIitan Planning Organization 07,doc 1 2 PASSED AND ADOPTED this 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 day of ,2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Robert Ensler Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner - Carl McKoy S:\CA \RESO\Appointments\Metropolitan Planning Organization 07,doc Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations, The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames, The MPO meeting is held every third Thursday of the month at 9:00 a.m, in the 1 ih floor conference room of the Governmental Center. Representative - Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area, Representative - Alternate - Countywide Intergovernmental Coordination Program The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter- jurisdiction significance, Each individual local government decides the length of the term, Representative - Alternate - COMMISSION APPOINTED ORGANIZATIONS 2005-2006 Oreanization Representative Alternate Meetine Time & Location PBC League of Cities McKoy Commissioners, 4th Wed @ 10:30 a.m. City Manager Various locations PBC League of Cities McKoy Brd of Dir MPO Mayor McCray 3ra Thurs @ 9:00 a.m. Governmental Center COBWRA Ferguson McCray 3TO Wed @ 9:30 a.m. Various locations Intergovernmental Ensler Ferguson As needed Coordination Program Commission approved 1/3/06 .'C(( XII. - LEGAL ITEM D.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 Meetinl!. Dates in to City Clerk's Office 0 December 5, 2006 November 20,2006 (Noon,) 0 0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) ~ January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 13,2007 January 22, 2007 0 April 3, 2007 March 19, 2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Appoint City Commission representative and alternate to the following organization: Coalition of Boynton West Residents Association EXPLANATION: Attached is a brief synopsis of each organization and the current representatives, PROGRAM IMPACT: FISCAL IMPACT: (Include Account Number where funds will come from.) ALTERNA~~A Department Head~ture ~ City Manager's Signature Assistant to City Manager {)f?rC./ City Attorney / Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING 5 AS A REPRESENT A TIVE 6 TO THE COALITION OF BOYNTON WEST 7 RESIDENTIAL ASSOCIATIONS, INC., (COBWRA) AND 8 APPOINTING AS 9 AL TERNATE REPRESENTATIVE TO THE 10 COALITION OF BOYNTON WEST RESIDENTIAL 11 ASSOCIATIONS, INC., (COBWRA); AND PROVIDING 12 AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled 16 to representation on the Coalition of Boynton West Residential Associations, Inc., 17 (COBWRA); and 18 WHEREAS, the City Commission has considered the qualifications necessary for 19 such representation and wishes to bestow upon the following named individuals such right 20 and honor of service. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 23 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as 24 being true and correct and incorporated herein by reference. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 26 appoints as a representative to the Coalition of Boynton West 27 Residential Associations, Inc" (COBWRA) and appoints 28 as alternate representative to the Coalition of 29 Boynton West Residential Associations, Inc" (COBWRA), 30 Section 3. That this Resolution shall become effective immediately upon passage. S:\CA\RESO\AppointmentsICOBWRA Appt 07,doc 1 PASSED AND ADOPTED this 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 S:\CA \RESO\Appointments\COBWRA Appt 07,doc day of ,2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Robert Ensler Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner - Carl McKoy Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a,m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds, The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Governmental Center. Representative - Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern, The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate - Countywide Intergovernmental Coordination Program The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter- jurisdiction significance, Each individual local government decides the length of the term, Representative - Alternate - COMMISSION APPOINTED ORGANIZATIONS 2005-2006 Ore:anization Representative Alternate Meeting Time & Location PBC League of Cities McKoy Commissioners, 4m Wed @ 10:30 a.m. City ManaRer Various locations PBC League of Cities McKoy Brd ofDir MPO Mayor McCray 3T<! Thurs @ 9:00 a.m. Governmental Center COBWRA Ferguson McCray 3T<! Wed @ 9:30 a.m. Various locations Intergovernmental Ensler Ferguson As needed Coordination Program Commission approved 1/3/06 ".',c ~ <' '!;'" " ..c KIl. - LEGAL ITEM D.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 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) [8J January 16,2007 January 2,2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF D Administrative 0 New Business AGENDA ITEM 0 Consent Agenda [8J Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA nON: Appoint City Commission representative and alternate to the following organization: Countywide Intergovernmental Coordination Program EXPLANATION: Attached is a brief synopsis of each organization and the current representatives. PROGRAM IMP ACT: FISCAL IMPACT: (Include Account Number where funds will come from.) ~e Assistant to City Manager ~ City Attorney / Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC ] RESOLUTION NO. R07- 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING 6 AS A REPRESENTATIVE 7 TO THE COUNTYWIDE INTERGOVERNMENTAL 8 COORDINATION PROGRAM AND APPOINTING 9 AS ALTERNATE ]0 REPRESENTATIVE TO THE COUNTYWIDE ] 1 INTERGOVERNMENTAL COORDINATION ]2 PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 13 ]4 ] 5 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled 16 to representation on the Countywide Intergovernmental Coordination Program; and 17 WHEREAS, the City Commission has considered the qualifications necessary for 18 such representation and wishes to bestow upon the following named individuals such right 19 and honor of service, 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 22 Section ]. The "WHEREAS" clauses above are hereby ratified and confirmed as 23 being true and correct and incorporated herein by reference. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 25 appoints as a representative to the Countywide 26 Intergovernmental Coordination Program and appoints as 27 alternate representative to the Countywide Intergovernmental Coordination Program. 28 Section 3, That this Resolution shall become effective immediately upon passage. S:\CA\RESO\Appointments\Countywide Intergovernmental Coordination Program 07,doc 1 2 PASSED AND ADOPTED this 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 day of ,2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Robert Ensler Commissioner - Mack McCray Commissioner - Jose Rodriguez Commissioner - Carl McKoy S:\CA\RESO\Appointments\Countywide Intergovernmental Coordination Program 07,doc Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a,m. in the 1 ih floor conference room of the Governmental Center, Representative - Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern, The meeting is held the 3rd Wednesday of each month at 10:00 a,m, at various locations throughout the COBWRA area, Representative - Alternate - Countywide Intergovernmental Coordination Program The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter- jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - COMMISSION APPOINTED ORGANIZATIONS 2005-2006 Oreanization Representative Alternate Meetine Time & Location PBC League of Cities McKoy Commissioners, 4th Wed @ 10:30 a.m, City Manager Various locations PBC League of Cities McKoy Brd of Dir MPO Mayor McCray 3rd Thurs @ 9:00 a.m. Governmental Center COBWRA Ferguson McCray 3rd Wed @ 9:30 a.m. Various locations Intergovernmental Ensler Ferguson As needed Coordination Program Commission approved 1/3/06