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Agenda 07-03-01The City of 100 E. Boynton Beach Boulevard · (561) 742-6000 City AG JULY 3, 2001 Gerald Broening Mayor At Large Ronald :Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager lC' DISTRICt I Visit our Web site www,ci.boynton-beach.fl.us We're Reinventing City Living for the Millennium WELCOt4E Thank you for attending the City Commission Heeting ~T and action. listed on th.e. agenda. vOice VOte. A voice vote by; the a regular voice items which the CommisSion idoes, not need to discuss individuall' items which the Commission will discuss individually in the ord~ p. roval of the agenda item. This can be by eithe~ SPEAKTNG AT COMMZSSTON M,EETZNGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regu ar agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limi~ discussion on an issue. meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. Public Hearings: Any citizen may' speak on an official agenda item under the section entitled "Public Hearings". Publi( :h iurisdicti( the will call for: Regu~ r Agenda ] ~e a motion has been made: and )r matters listed the agenda'. The Mayor will call for speakers by name from the g by the City Clerk. ADDRESSTNG THE COHM:[SSTON: When your name is Called, please step uP to either podium and state, for the record, your name and address. DECORUH: members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. CITY OF BO YNTON BEA CH REGULAR ClTY COMMISSION MEETING AGENDA Note: Towing Request for Proposals - Workshop at.5:30 p.m. on 3uly 3, 2001 for Rate Authorization by City Co remission July 3, 2001 6:30 P.M. Ill OPENINGS: Call to Order - Mayor Gerald Broening Invocation, Rev. Rick Riccardi, Police Chaplain Pledge of Allegiance to the Flag led by Mayor Broening IF YOU WISH TO ADDRESS THE COMHISSION: FILL OUT THE APPROPRIATE RE(~UEST FORM · GIVE TI' TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODTUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMTrED TO 3-MINUTE PRESENTATIONS III. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term TO Be Made Board Expiration Date Mayor Broening Children & Youth Advisory Bd Stu/Reg/NonVoting 1 yr term to 4/02 II McCray Bldg. Bcl of Adj & Appeals Reg 3 yr term to 4/04 III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/02 (Tabled-3) (Tabled-3) (Tabled-3) CZ'FY OF BOYNTON BEACH AGENDA REGULAR CZTY COMMZSS:ZON 3ULY 3v 2001 IV Fisher Mayor Broening Mayor Broening ! Weiland II McCray IV Fisher Mayor Broening Mayor 8roening I Weiland Weiland II McCray Cemetery Board Reg Code Compliance Board Alt Education Advisory Board Reg Education Advisory Board Alt Education Advisory Board Stu Golf Course Advisory Committee Alt Golf Course Advisory Committee Alt Nuisance Abatement Board Reg Nuisance Abatement Board Alt Recreation & Parks Board Alt Senior Advisory Board Alt 3 yr term to 4/04 i yr term to 4/02 2 yr term to 4/03 1 yr term to 4/02 1 yr term to 4/02 5 yr term to 6/06 5 yr term to 6/06 2 yr term to 4/03 i yr term to 4/02 1 yr term to 4/02 1 yr term to 4/02 (Tabled-3) (Tabled-2) (Tabled-3) (Tabled-3) (Tabled-3) (Tabled-3) (Tabled-3) (Tabled,3) Cl'abled-3) (l'abled-3) (Tabled-3) ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 4m of July BIG BLAST event at Boat Club Park on Wednesday, July 4, 2001, 6-9 PM, hosted by the City of Boynton Beach Recreation Department Name of the T.N;T. Concerts has been changed to "Oceanfront Concert Series." These concerts take place the third Fdday of the month (except March) at Boynton Beach Oceanfront Park from 6 - 9 PM m Oceanfront Concert Series on July 20, 2001, 6-9 PM, at Oceanfront Park - Straight Shooter Band (Country) Bm Presentations: 1. Proclamations: a. "Carolyn Sims Day"-July 1, 2001 CITY OF BOYNTON BEACH AGENDA REGULAR CZTY COMMZSSZON 3ULY 3, 2001 V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become-a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of 3une 14, 2001 2. Regular City Commission Meeting of June 19, 2001 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Approve the "piggy-back" of THE SCHOOL DISTRICT OF PALM BEACH COUNTY, BID #00C-373 to Rexel/Consolidated Electrical Supplies for the purchase of two Siemens adjustable frequency drives in the amount of $41,851.65 Approve the "piggy-back" of THE SCHOOL DISTRICT OF PALM BEACH COUNTY, BID #00C-1P to Forestry Resources Landscape Supply for the purchase of mulch with estimated expenditures of $18,350 Rescind award for the "ANNUAL BID FOR PREPARATION AND PAINTING OF WATER AND WASTEWATER PIPELINES (ABOVE GRADE)," BID #045- 2821-01/KR, to I.R. Construction & Hi Tech Painting, Inc. in the amount of $30,000 & Award the "ANNUAL BID FOR PREPARATiON AND PAINTING OF WATER AND WASTEWATER PIPELINES (ABOVE GRADE)," 8ID #045-2821-01/KR, to Roger Allison Painting, Inc. in the amount of $38,000 C. Resolutions: Proposed Resolution No. R0:1.-212 Re: Approving and executing Task Order #01-03 with Metcalf & Eddy in the amount of $43,480 for engineering services. These services are related to the first phase of an inflow-infiltration study of the sanitary sewer system of Master UR StaUon 309 located near Hester Center Proposed Resolution No, RO1-213 Re: Approving and authorizing the Mayor to sign the agreement titled "Subordination of Utility Interests to County of Palm Beach, Florida" for the Hypoluxo Road project CI'TY OF BOYNTON BEACH AGENDA REGULAR CI'TY COMMTSS'tON JULY 3, 2001 Proposed Resolution Noi R01-214 Re: Ratifying Letter of Appointment for Major John Smith, Police Department Proposed Resolution No. R-01-215 Re: Ratifying Letter of Appointment for Major Steve Graham, Police Department a Ratification of Planning & Development Board Action: Marie Premier - 1521 NE 2nd Street (Lot #41, Block 17, First Addition to Rolling Green Subdivision) - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Sec. 4.B, requiring a minimum rear setback of twenty-five (25) feet, to allow a 16.58 foot variance and an 8.42 rear yard setback for a tool shed on a R-I-A zoned parcel (Planning & Development Board recommended postponement until City Commission meeting of August 7, 2001) Cosmetology School in C-l/Boynton-Catalina- 1753 North Congress Avenue - Request to amend Chapter 2, Zoning, Section 6.A.l.n and 6.A, 1 .o to allow cosmetology schools as permitted uses in the C-1 zoning district, which would also allow the use in the C-2. C-3 and C-4 zoning districts (Planning & Development Board recommended request be denied; however, they recommended that staff recommendation be approved, which is to amend the zoning code to allow cosmetology schools as conditional uses in the C-3 zoning district) Approve the request by Mr. Richard A. Madnick of Golden Transportation, Inc. for a Certificate of Public Convenience and Necessity Approve the purchase of a 5-Gang Pull Behind Jacobsen Mower with accessories from Kilpatdck Turf in the amount of $17,000. The purchase from Kilpatdck Turf will be $1,902 less than the General Services Administration (GSA) Contract #GS- 06F-0042K pricing Ratify the June 18, 2001 authorization by the Acting City Manager to effect a not-to-exceed $24,700 emergency gravity sewer main repair located at 1931 North Seacrest Boulevard Approve the "piggy-back" of Palm Beach County, Contract #GPS-1 to BAE Systems ADR, ]:nc. for updating the digital G]:S land base maps in the area of Federal Highway and vicinity (i.e., Area #1), for the lump sum fee of $59,575 Review and approve recommendations for expenditure of Community Development Block Grant (CDBG) funds for FY 2001-02 CI'TY OF BOYNTON BEACH AGENDA REGULAR Cl'TY COMMZSSTON 3ULY 3, 2001 Approve proposed Community Reinvestment Activities - $2,000 for uniforms and sports equipment for Police Athletic League, suggested by Commissioner McCray CZTY MANAGER'S REPORT: Proposed Tntedocal Agreement for the acquisition of real property for park improvements (Morey's) between the City of Boynton Beach and Palm Beach County (Proposed Resolution No. R01-216) Discuss adoption of a Comprehensive Water Conservation Strategy for all water customers of the City of Boynton Beach Utilities - (TABLED ON MAY Isr - WTLL BE DISCUSSED ON JULY 3RD) C. Discuss Community Investment Fund PUBLI'C HEAR]:NG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PEP. Mt'TS A= Project: Goldsmith Dental Lab Agent: N/A Owner: .lesse Goldsmith Location: 2404 S. Seacrest Boulevard Description: Request for conditional use approval for a dental laboratory in the C-1, Office/Professional zoning district at 2404 S. Seacrest Boulevard Project: Agent: Owner: Location: Description: Elementary School 97-M Harry Fix Palm Beach County School Board South side of Hypoluxo Road between Congress Avenue and Lawrence Road Request to annex a ±4.0 parcel, to reclassify the property from MR-5 (Palm Beach County designation) to Moderate Density Residential (MoDR), and to rezone from AR (Palm Beach County district) to R-1 Single Family Residential (7.26 du/ac) Co Project: Agent: Owner: Location: Description: School 98-1 Angela Usher Palm Beach County School Board West side of South Congress Avenue, south of Goff Road and adjacent to the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) Request to annex a ±18.03 acre parcel, to reclassify the property from HR-5 (Palm Beach County) to Public & Private Governmental/Institutional (PPGI), and to rezone from Agricultural Residential (Palm Beach County zoning district) to Public Use (PU) Ct'TY OF BOYNTON BEACH AGENDA REGULAR cTrY COMM'rSS'tON 3ULY 3~ 2001 Project: Agent: Owner: Location: Description: RGRS, Inc. Richard Gesheidt RGRS, Inc. North side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road Request to annex, a 0.615 acre parcel, to reclassify the property from Agriculture (Palm Beach County classification) to Local Retail Commercial, and to rezone from High Intensity Commercial (CH8) (Palm Beach County zoning) to Community Commercial (C-3) FUTURE AGENDA TI'EMS: A. Status report on new meeting schedule for advisory boards (.luly 3, 2001) B. Comprehensive Plan Amendments (.luly 17, 2001) C. Holiday Lighting Proposal (July 17, 2001) D= Policy on City Commission Participation at Commission meetings via telephone (July 17, 2001) Project Team Reports (From 55 Strategic Initiatives): 1. 6.9 Capital Improvement Program (July 17, 2001) 2. 5.1 Holiday Program (July 17, 2001) 3. 5.2 Oceanfront Concert Series (July 17, 2001) 4. 1.2 Arts Commission Project (September 18, 2001) Application for funding from County D]:P funds for 17th & Seacrest Boulevard Traffic Control and Hester area traffic calming (DJ:P) and Seacrest Landscape Island Improvements (DIP) - August 7, 2001 G= Approval of Community Development Block Grant (CDBG) FY 2001-02 Action Plan (August 7, 2001) H. Review of City Noise Regulations (August 2001) DEVELOPMENT PLANS: NEW BUS~NESS: A. Review draft of Fire Assessment Rate resolution CITY OF BOYNTON BEACH AGENDA REGULAR CI'TY COMMZSS'rON ]ULY 3, 2001 x'r, LEGAL: A. Ordinances- 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 01-25 Re: Changing the date of municipal elections from the second Tuesday in March to the first Tuesday in November 2. Proposed Ordinance No. 01-28 Re: Approving revisions to the Cross-Connection control and Backflow Prevention ordinance, modifying the types of backflow prevention units that are acceptable in certain circumstanceS, and requiring increased backflow protection in areas serVed by wastewater rouse systems 3. Regulating the use of Proposed Ordinance No. 01-29 Re: public rights-of-way for communications facilities 4. Proposed Ordinance No. 01-30 Re: Of Parking Regulations Initiating Fee-In-Ueu- 5. Proposed Ordinance No. 01-31 Re: Economic Incentive for CRA Proposed Ordinance No. 01-32 Re: Planned Industrial Development District (PID) Ordinances- Is~ Reading Economic Incentive - Proposed Ordinance No. 01-33 Re: Amending Chapter 23, Parking Lots, Article T, Section 3(A), adding a new exemption from parking requirements Proposed Ordinance No. 01-34 Re: Authorizing the imposition and collection of fire rescue assessments against property Proposed Ordinance No. 01-35 Re: Annexation of a ±4.0 acre parcel of land to be the site of a new elementary school (97-M) Proposed Ordinance No. 01-36 Re: Land Use Amendment for a ±4.0 acre parcel of land to reclassify from MR-5 (Palm Beach County designation) to Moderate Density Residential (MoDR) CITY OF BOYNTON BEACH AGENDA REGULAR CZTY COMMZSSZON 3ULY 3, 2001 XII. 10. 11. Proposed Ordinance No. 01-37 Re: Rezoning of a i4.0 acre parcel of land from AR (Palm Beach County district) to R-1 Single Family Residential (7.26 du/ac) Proposed Ordinance No, 01-38 Re: Annexation of a ±18.03 acre property, which will be the site of a new elementary school (98-I) Proposed Ordinance NO. 01-39 Re: Land Use Amendment for a ±18.03 acre property to reclassify from MR-5 (Palm Beach County) to Public Private GOvernmental/Institutional (PPGI) Proposed Ordinance No. 01-40 Re: Rezoning of a ±18.03 acre property from Agricultural Residential (Palm Beach County zoning district) to Public Use (PU) Proposed Ordinance No. 01-41 acre parcel Re: Annexation of a 0.615 Proposed Ordinance No. 01-42 Re: Land Use Amendment for a 0.615 acre parcel from Agriculture (Palm Beach County classification) to Local Retail Commercial Proposed Ordinance No. 01-43 Re: Rezoning of a 0.615 acre parcel from High Tntensity Commercial (CH8) (Palm Beach County zoning) to Community Commercial (C-3) C. Resolutions: None D. Other: Approve the negotiated settlement with Tiny Tikes Academy, claimant, in the amount of $11,801.65 UNFINISHED BUSINESS: XIII. OTHER: A. Informational Items by members of the City Commission cTrY OF BOYNTON BEACH AG ENDA REGULAR CTi'~ COMMZSS[ON 3ULY 3, 2001 XIV. AD3OURNMENT: NOTICE IF A PERSON DEC[DES TO APPEAL ANY DECISION MADE BY THE CITY COMMISEiON WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEET[NG~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND*, FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE*, WHICH RECORD INCLUDES THE TESTIMONY AND EV]DENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN EQUAL OPPORTUNTI'Y TO PARTICIPATE IN AND EN3OY THE BENEFITS OF A SERVICE,, PROGRAM*, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT 1OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE ~ TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL AGENDA 6/28/2001 7:31 PM S:\CC\WP\CCAGENDA~AGENDAS\YEAR 2001\070301 FINAL AGENDA.DOC The Ci-'. o: Bo_':nton Beach OFFICE OF THE CITY MANAGER 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-03 I0 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail: city. manager(~i, boynton-beaclz fl. us taow. cl. boynto n-beach, fl. us VZ - CZTY MANAGER'S REPORT ZTEM C To: City Commission h (~ QA, ff/''~ From: Kurt Bressner, City Manager ,~x~\v Date: June 21,2001 Subject: Update on Community Investment Fund Availability Thanks for reviewing the Community Investment Funds spending profiles. I am attaching a new set that reflects corrections and additions from the first list. If there is interest in pursuing the clock, more funds will be necessary from interested parties. I'm estimating that the total cost of:the clock (without chimes) will be about $26,000 inclusive of the. electric and pedestal base. There is a shortfall of about $10,500. Please review these items and if you wish to have the clock removed from the list, this should be done by Commission action at an upcoming meeting. In addition, presented below are the approved guidelines for the use of the funds for this fiscal year. Finally, I would appreciate an indication from you by August 1st as to proposed uses for the funds. We are in the process of closing the audit books for this fiscal year and an early indication of uses would help the Finance Department. The funds will not roll over to the next year if unspent. Guidelines for Distribution of Community Investment Funds Introduction: Included in the City of Boynton Beach Budget for Fiscal 2000-01 program year is $125,000 in Community Investment Funds. The funds are available to each of the five members of the City Commission in the amount of $25,000 to support community projects and activities. This report will suggest basic guidelines for the distribution and use of these public funds for community prOJects or activities. Program Eligibility Period: October 1, 2000 to September 30, 2001 Amount available to each member of the City Commission: $25,000 broken into two eligibility periods: ao October 1, 2000 to February 28, 2001 - maximum of $12,500 March 1, 2000 to September 30, 2001 - maximum of $12,500 plus any carry-over from prior six month period. The purpose of the two eligibility periods is to assure funding oppommities to outgoing and incoming members of the City Commission based on the March 2001 election. Eligible projects may consist of assistance to local community organizations for physical improvements to public property or public rights of way such as parks, medians or other City-owned property. The assistance may be in outright grants to support improvements to public property or on a cost-sharing basis with local organizations. Before funding, the proposed improvements must receive necessary permits; staff reviews for compatibility with design plans or capital construction plans and must be approved by the City Commission by motion on the Consent Agenda. Ineligible projects include direct financial support or gifts to individuals, businesses, or associations including funding of any operational activities. Funds may not be used to support or otherwise subsidize the operational expenses of City Departments. KB: 11/10/00, 11/21/00, 11/23/00 Thank you. 6/27/01 Community Investment Funds W/O Clock Meeting Date Item Amount Balance 01/16/01 Program Approved 02/20/01 Black Awareness Celebration 03/06/01 Animal Control - Security Fence 03/06/01 PAL Program 25,000 (1,000) V' (5,000) (1,500) Commissioner Black/McCray 01/16/01 Program Approved 01/16/01 Gdll System - Little League Park 01/16/01 Contribution to general Library collection 07/03/01 PAL Equipment 02/20/01 Black Awareness Celebration 25,000 (1,429) V' (5,000) v' (2,000) (1,ooo) v' Commissioner Fergu8oI1 01/16/01 Program Approved 02/20/01 Black Awareness Celebration 03/06/01 Stonehaven Entry ROW Landscape Work 03/06/01 Greenway Study 03/06/01 Library - Youth Literacy Program 25,000 (1,000) (2,5OO) (2,000) (4,000) Commissioner Fisher 01/16/01 02/20/01 02~20/0 02/20/01 02/20101 02/20/01 02/20/01 02/20/01 Program Approved PAL Football Program Track Team Program Black Awareness Celebration Advisory Board on Children and Youth park revitalization project Memorial for Rev. Lee Senior Center programs Shirts for Advisory Members 25,000 (1,500) (1,500) (1,000) (1,500) (1 ,ooo) (1,5oo) (1 ,ooo) v' v' V' V' Vice Mayor Weiland 01/16/01 Program Approved 02/20/01 Black Awaren ess Celebration 03/06/01 PALS Program 25,000 (1,000) V' (1,5oo) v' 17,500 15,571 15,500 16,000 Requested City Commission Meeting Dates [] March 20,2001 [] April 3, 2001 [] April 17, 2001 [] Mayl, 2001 XI'-LEGAL WEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNa Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00p.m.) Requested City Commission Meeting Dates [] May 15,2001 [] June 5,2001 [] June 19,2001 [] July3,2001 Date Final Form Must be Turned in ~o Ci~ Clerk's Office May 2,2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: EXPLANATION: This Ordinance establishes a non-ad valorem assessment to fund fire rescue services. The Ordinance sets forth the Commissions' authority to fix an annual assessment against real property which will generate funds over and above ad valorem taxation for the purpose of operating, maintaining, and improving fire rescue services. The ordinance does not establish a specific assessment rate, the assessment will be f~xed by an initial assssment resolution and subsequently by annual assessment resolutions. The draft rate resolution is covered under "New Business" for the July 3, 2001 City Commission Meeting PROGRAM IMPACT: Enactment of this ordinance will generate funds for the purpose of operating, maintianing, and maproving fire rescue servmes. It is contemplated that the initial assessment will generate $3,760, 073 (Scenario B); $3,834,137 (Scenario B-l) for fiscal year 2001-2002. FISCAL IMPACT: None. All costs associated with implementation are recovered through the assessment process. ALTERNATIVES: Department Head's Signature ~~ignamre Cit3, Attorney' s Office Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH, FLORIDA FIRE RESCUE ASSESSMENT ORDINANCE FIRST READING JULY 3, 2001 SECOND READING JULY 11, 2001 The Ci o Bo nton Beach OFFICE OF THE CITY MANAGER 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail: cittj, managert~ci, boynton-beach.fl, us www. ci boynton-beach,fl. us VI - CITY HANAGER'S REPORT ITEH C From:T°: Kurt City Commission Bressner, City Manager Date: June 21,2001 Subject: Update on Community Investment Fund Availability Thanks for reviewing the Community Investment Funds spending profiles. I ? attaching a new set that reflects corrections and additions from the first list. If there is interest in pursuing the clock, more funds will be necessary from interested parties. I'm estimating that the total cost of the clock (without chimes) will be about $26,000 inclusive of the- electric and pedestal base. There is a shortfall of about $10,500. Please review these items and if you wish to have the clock removed from the list, this should be done by Commission action at an upcoming meeting. In addition, presented b~elow are the approved guidelines for the use of the funds for this fiscal year. Finally, I would appreciate an indication from you by August 1st as to proposed uses for the funds. We are in the process of closing the audit books for this fiscal year and an early indication of uses would help the Finance Department. The funds will not: roll over to the next year if unspent. Guidelines for Distribution of Community Investment Funds Introduction: Included in the City of Boynton Beach Budget for Fiscal 2000-01 program year is $125,000 in Community Investment Funds. The funds are available to each of the five members ofth~;City Commission in the amount of $25,000 to support community projects and activities. This report will suggest basic guidelines for the distribution and use of these public funds for community projects or activities. Program Eligibility Period: October 1, 2000 to September 30, 2001 Amount available to each member of the City Commission: $25,000 broken into two eligibility periods: ao October 1, 2000 to February 28, 2001 - maximum of $12,500 March 1, 2000 to September 30, 2001 - maximum of $12,500 plus any carry-over from pr/or six month period. The purpose of the two eligibility periods is to assure funding opportunities to outgoing and incoming members of the City Commission based on the March 2001 election. Eligible projects may consist of assistance to local community organizations for physical improvements to public property or public rights of way such as parks, medians or other City-owned property. The assistance may be in outright grants to support improvements to public property or on a cost-sharing basis with local organizations. Before funding, the proposed improvements must receive necessary permits; staff reviews for compatibility with design plans or capital construction plans and must be approved by the City Commission by motion on the Consent Agenda. Ineligible projects include direct financial suppo~ or gifts to individuals, businesses, or associations including funding of any operational activities. Funds may not be used to support or otherwise subsidize the operational expenses of City Departments. KB: l 1/10/00, 11/21/00, 11/23/00 Thank you. Cc: James Cherof Wilfred Hawkins Dale Sugerman America's Gateway to the Gulfstream Community Investment with clock 6/27/01 Community Investment Funds w/Clock ** Meeting Date Item Amount Balance Mayor Broenin~_ 01/16/01 Program Approved 02/20/01 Black Awareness Celebration 03/06101 Animal Control -.Security Fence 03/06/01 CiviC Center Clock 03/06/01 PAL Program 25,000 (1,000) (5,000) (5,000) (1,5oo) Commissioner Black/McCray 01/16/01 01/16/01 01/16/01 02/06/01 07/03/01 02/20/01 Program Approved Grill System - Little League Park Contribution to general Library collection Civic Center Clock PAL Equipment Black Awareness Celebration 25,000 (1,429) V' (5,000) v' (5,071) (2,000) (1,oo0) v' Commission Ferguson 01/16/01 02/06/01 02/20/01 03/06/01 03/06/01 03/06/01 Program Approved Civic Center Clock Black Awareness Celebration Stonehaven Entry ROW Landscape Work Greenway Study Library - Youth Literacy Program 25,000 (3,000) (1,000) (2,500) (2,o0o) (4,000) Commissioner Fisher 01/16/01 02/20/01 02/20/01 02/20/01 02/20/01 02/20/01 02/20/01 02/20/01 02/20/01 Program Approved PAL Football Program Track Team Program Black Awareness Celebration Advisory Board on Children and Youth park revitalization project Memorial for Rev. Lee Senior Center programs Civic Center Clock Shirts for Advisory Members 25,000 (1,500) (1,500) (1,000) (1,500) (1,000) (1,500) (2,000) (1,000) v' v' v' v' Vice Mayor Weilarld 01/16/01 02/20101 03/06/01 03/06/01 04/03/01 04/03/01 06/19/01 Program Approved Black Awareness Celebration PALS Program Forest Park Playground Equipment Flag Pole for Little League Park Screening Fence for Little League Park (Field 2) Picnic Shelter for Forest Hill Park 25,000 (1,000) (1,500) (3,000) (1,523) V' (51o) (3,000) 12,500 10,500 12,500 14,000 14,467 Indicates paid item Total allocated for Clock from all sources Estimated Cost of Clock w/Electric Service/Base Shortfall (15,071) 26,000 10,929 6/27/01 Community Investment Funds W/O Clock Meeting Date Item Amount 01/16/01 Program Approved 02/20/01 Bla~k Awa~-~ness Celebration 03/06/01 Animal Control - Security Fence 03/06/01 PAL Program 25,000 (1,ooo) (5,ooo) (1,5oo) Commissioner Black/McCray 01/16/01 Program Approved 01/16/01 Grill System - Little League Park 01/16/01 Contribution to general Library collection 07/03/01 PAL Equipment 02/20/01 Black Awareness Celebration 25,000 (1,429) (5,000) (2,000) (1,ooo) Commissioner Ferguson 01/16/01 Program Approved 02/20/01 Black Awareness Celebration 03/06/01 Stonehaven Entry ROW Landscape Work 03/06/01 Greenway Study 03/06/01 Library - Youth Literacy Program 25,000 (1,000) (2,5o0) (2,000) (4,000) Commissioner Fisher 01116/01 02/20/01 02120/01 02/20/01 02/20/01 02/20/01 02/20/01 02/20/01 Program Approved PAL Football Program Track Team Program Black Awareness Celebration Advisory Board on Children and Youth park revitalization project Memorial for Rev. Lee Senior Center programs Shirts for Advisory Members 25,000 (1,500) (1,500) (1,000) (1,500) (1,000) (1,500) (1,000) Vice Mayor Weiland 01/16/01 02/20/01 03/06/01 03/06/01 04/03/01 04/03/01 06/19/01 Program Approved Black Awareness Celebration PALS Program Forest Park Playground Equipment Flag Pole for Little League Park Screening Fence for Little League Park (Field 2) Picnic Shelter for Forest Hill Park 25,000 (1,000) V' (1,500) V' (3,000) (1,523) ¢' (510) v' (3,000) Balance 17,500 15,571 15,500 16,000 14,467 Indicates paid item Community Investment without clock Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 XI-LEGAL ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21,2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Reques~d City Commission Meeting Dates [] May l5,2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: EXPLANATION: This Ordinance establishes a non-ad valorem assessment to fund fire rescue services. The Ordinance sets forth the Commissions' authority to fix an annual assessment against real property which will generate funds over and above ad valorem taxation for the purpose of operating, maintaining, and improving fire rescue services. The ordinance does not establish a specific assessment rate, the assessment will be fixed by an initial assssment resolution and subSequently by annual assessment resolutions. The draft rate resolution is covered under "New Business" for the July 3, 2001 City Commission Meeting PROGRAM IMPACT: Enactment of this ordinance will generate funds for the purpose of operating, maintianing, and improving fare rescue services. It is contemplated that the initial assessment will generate $3,760, 073 (Scenario B); $3,834,137 (Scenario B-I) for fiscal year 2001-2002. FISCAL IMPACT: None. All costs associated with implementation are recovered through the assessment process. ALTERNATIVES: Department Head's Signature ~ty Manager's Signature City Attorney's Office Department Name City Attorney / Finance / Human Resources S:'xBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.D~)C Boynton Beach ~cenario B Rates @ 85% of Operating Revenue = $5,121,058 (WIO ClP Costs) RESIDENTIAL PROPERTY USE CATEGORIES -: Rate Per Dwelling Unit Single Family Residential $9£ Multi'Family Residential $g6 NON-RESIDENTIAL PROPERTY USE Building Classification,, Industrial/ i ' Nursing cATEGORIEs: (in squarefoot ranges) Commercial ' Warehouse Institutional Homes < 1,999 $ 200 $ 63 $ 324 $ 324 2,000-3,499 $ 399 $ 127 $ 649 $ 649 3,500-4,999 $ 699 $ 222 $1,135 $ 1,135 5,000-9,999 ' $ 998 $ 317 $ 1,622 $ 1,622 10,000- 19,999 $ 1,996 $ 634 $ 3,243 $ 3,243 20,000- 29,999 $ 3,992 $ 1,268 $ 6,486 $ 6,486 30,000- 39,999 $ 5,988 $ 1,902 $ 9,729 $ 9,729 ¢0,000-49,999 i $ 7,983 $ 2,536 $ 12,972 $ 12,972 >50,000 $ 9,979 $ 3,171 $ 16,215 $ 16,215 ASSESSABLE COSTS LESS REVENUE FROM INSTITUTIONAL/TA)(-EXEMPT LESS REVENUE FROM NURSING HOMES $ 4,352,899 $ (355,281) $ (237,545) NET ASSESSMENT REVENUE $ 3,760,073 Scenario assumptio ns: 85% of operating revenue 100% buydown of institutional/tax-exempt (non-government) property 100% buydown of institutional/tax-exempt (government) property Buydown of nursing home property rates to institutional rates Chart shows rates to be assessed (at institutional rates), not actual rates for nursing home property Chart show rates at 100% for institutional property IMillage rate if as Property Tax [Taxable Value of Property [Ad Valorem Taxes @ Taxable Value 4.3529 Single Family Multi-Family $ 20,774 $ 22,078 $ 90.43 $ 96.10 Boynton Beach Scenario B-1 Rates @ 85% of Operating Revenue -- $5,'121,1)58 RESIDENTIAL PROPERTY USE CATEGORIES Rate Per Dwelling Unit Single Family Residential $90 Multi-Family Residential $96 NON-RESIDENTIAL PROPERTY USE Building Classification Industrial/ Nursing CATEGORIES (in square foot i'anges) Commercial Warehouse Institutional Homes < 1,999 $ 200 $ 63 $ 324 $ 324 _~,000-3,499 $ 399 $ 127 $ 649 $ 649 3,500- 4,999 $ 699 $ 222 $ 1,135 $ 1,135 5,000-9,999 $ 998 $ 317 $ 1,622 $ 1,622 10,000- 19,999 $ 1,996 $ 634 $ 3,243 $ 3,243 !0,000 - 29,999 $ 3,992 $ 1,268 $ 6,486 $ 6,486 30,000- 39,999 $ 5,988 $ 1,902 $ 9,729 $ 9,729 ¢0,000 - 49,999 $ 7,983 $ 2,536 $ 12,972 $ 12.,972 >50,000 $ 9,979 $ 3,171 $ 16,215 $ .16,215 ASSESSABLE COSTS LESS REVENUE FROM INSTITUTIONAL/TAX-EXEMPT LESS REVENUE FROM NURSING HOMES $ 4,352,899 '$ (281,217) $ (237,545) NET ASSESSMENT REVENUE $ 3,834,137 Scenario assumptions: 85% of operating revenue 100% buydown of institutional/tax-exempt (non-government) property 75% buydown of institutional/tax-exempt (government) property Buydown of nursing home property rates to institutional rates Chart shows rates to be assessed (at institutional rates), not actual rates for nursing home property Chart show rates at 100% for institutional property Millage rate [Taxable Value of Property ~,d Valorem Taxes ~ Taxable Value 4.3529 Single Family Multi-Fami~ $ 20,774 $ 22,078 $ 90.43 $ 96.10 CITY OF BOYNTON BEACH, FLORIDA FIRE RESCUE ASSESSMENT ORDINANCE FIRST READING JULY 3, 2001 SECOND READING JULY 11, 2001 SECTION 1'.01. SECTION 1.02. SECTION 1.03. SECTION 1.04. TABLE OF CONTENTS ,aRTICLE I INTRODUCTION PAGE DEFINITIONS ........................................................................................... 2 INTERPRETATION ................................................................................. 7 GENERAL FINDINGS ............................................................................. 7 LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT ........ 8 ASSESSMENTS SECTION 2.01. SECTION 2.02. SECTION 2.03. SECTION 2.04. SECTION 2.05. SECTION 2.06. SECTION 2.07. SECTION 2.08. SECTION 2.09. SECTION 2.10. SECTION 2.11. SECTION 2.12. SECTION 2.13. ARTICLE II ANNUAL FIRE RESCUE GENERAL AUTHORITY ...................................................................... 10 -INITIAL PROCEEDINGS ..................................................................... 10 INITIAL ASSESSMENT ROLL ............................................................ 11 NOTICE BY PUBLICATION ................................................................ 11 NOTICE BY MAIL ................................................................................. 12 ADOPTION OF FINAL ASSESSMENT RESOLUTION ............ ; ...... 14 EFFECT OF FINAL ASSESSMENT RESOLUTION ......................... 15 ADOPTION OF ANNUAL RATE' RESOLUTION .............................. 15 LIEN OF FIRE RESCUE ASSESSMENTS ..........................................19 REVISIONS TO FIRE RESCUE ASSESSMENTS ............................. 20 ~' PROCEDURAL IRREGULARITIES .., ................................................ 20 CORRECTION OF ERRORS AND OMISSIONS .............................. 21 INTERIM ASSESSMENTS .................................................................... 22 ARTICLE III COLLECTION AND USE OF FIRE RESCUE ASSESSMENTS SECTION 3.01. METHOD OF COLLECTION ............................................................... 24 SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION ................................ 24 SECTION 3.03. GOVERNMENT PROPERTY ............................................................... 27 SECTION 4.01. SECTION 4.02. SECTION 4.03. SECTION4.04. ARTICLE IV GENERAL PROVISIONS APPLICABILITY .................................................................................... 30 ALTERNATIVE METHOD ................................................................... 30 SEVERABILITY ..................................................................................... 30 EFFECTIVE DATE ................................................................................. 31 ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES, AND PROGRAMS THROUGHOUT THE INCORPORATED AREAS OF BOYNTON BEACH, FLORIDA; ~AUTHORIZING THE IMPOSITION AND COLLECTION OF FIRE RESCUE ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS INCLUDING A DEFINITION FOR THE TERM "FIRE RESCUE ASSESSMENT"; ESTABLISHING A PROCEDURE FOR IMPOSING FIRE RESCUE ASSESSMENTS; :PROVIDING THAT FIRE RESCUE AssEssMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ~SESSMENT ROLL; PROVIDING THAT THE LIEN FOR A FIRE RESCUE COLLECTED PURSUANT TO SECTIONS ~ 197.3635, FLORIDA STATUTES, UPON THE PROPERTY ON 1, THE LIEN DATE FOR AD TED LIEN WITH , OF ALL S OR MUNICIPAL TAXES AND ASSESSMENTS AND THE OF{FIRE CTION A OF DATE. ; ~ PROVIDING AN 3 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: ARTICLE I INTRODUCTION SECTION 1.01, DEFINITIONS. As used in this Ordinance, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: "Annual Rate Resolution" means the resolution described in Section 2.08 hereof, establishing the rate' at which a Fire Rescue AsSesSment for a specific Fiscal Year will be computed. The Final Assessment ResolUtion shall constitute the Annual Rate Resolution for the initial:Fiscal Year in Which a Fire Rescue AsseSsment is imposed or reimposed. "Assessed Property" means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the fire rescue services, programs or facilities identified in the Initial Assessment Resolution or a subsequent Preliminary Rate Resolution. "Assessment Roll" means the special assessment roll relating to a Fire Rescue Assessment approved by a Final Assessment Resolution pursuant to Section 2.06 hereof or an Annual Rate Resolution pursuant to Section 2.08 hereof. "Building" means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind, including mobile homes. This term shall include the use of land in which lot or spaces are offered for use, rent or lease for the placement of mobile homes, travel trailers, or the like for residential ~urposes. "Certificate of Occupancy" means the written certification issued by the City that a Building is ready for occupancy for its intended use. For the purposes of this Ordinance, a set up or tie down permit or its equivalent issued for a mobile home shall be considered a Certificate of Occupancy. "City" means the City of Boynton Beach, Florida. "City Clerk" means the Clerk of the City Commission. "City Comnu'ssion" means the City Commission of the City of Boynton Beach, Florida. "City Manager" means the chief administrative officer of the City, designated by the City Commission to be responsible for coordinating Fire Rescue Assessments or such person's designee. "County" means Palm Beach County, Florida. "Final Assessment Resolution" means the resolution described in Section 2.06 hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and which shall be the final proceeding for the initial imposition of Fire Rescue Assessments. "Fire Rescue Assessment" means a special assessment lawfully imposed by the City Commission against Assessed Property to fund aH or any portion of the cost of the provision of fire rescue services, facilities, or programs providing a special benefit to property as a consequence of possessing a logical characteristics of the Assessed Property. relationship to the value, use, or "Fire Rescue Assessed Cost" means the amount determined by the City Commission to be assessed in any Fiscal Year to fund all or any portion of the cost of the provision of fire rescue services, facilities, or programs which provide a special benefit to Assessed Proper~g, and shall include, but not be limited to, the following components: (A) the cost of physical construction, reconstruction or completion of any required facility or improvement; (B) the costs incurred in any required acquisition or purchase; (C) the cost of all labor, materials, machinery, and equipment; (D) the cost of fuel, parts, supplies, maintenance, repairs, and utilities; (E) the cost of computer services, data processing, and communications; (F) the cost of all lands and interest therein, leases, property rights, easements, and £~ '~chises of any nature whatsoever; (G) the cost of any indemnity or surety bonds and ~ums for insurance; (~ the cost of salaries, volunteer pry, workers' compensation insurance, or other employment benefits; (I) the cost of uniforms, training, travel, and per diem; (J) the cost of construction plans and specifications, surveys and estimates of costs; (K) the cost of engineering, financial, legal, and other professional services; (L) the costs of compliance with any contracts or agreements entered into by the City to provide fire rescue services; (M) all costs associated with the structure, implementation, collection, and enforcement of the Fire ResCue Assessments, including any service charges of the Tax Collector, or Property Appraiser and amounts necessary to off- set discounts received for early payment of Fire Rescue Assessments pursuant to the Uniform Assessment Collection Act or for early payment of Fire Rescue Assessments collected pursuant to Section 3.02 herein; (iN) all other costs and expenses necessary or incidental to the acquisition, provision, or construction of fire rescue services, facilities, or programs, and such other expenses as may be necessary or incidental to any related financing authorized by the City Commission by subsequent resolution; (O) a reasonable amount for contingency and anticipated delinquencies and uncollectible Fire Rescue Assessments; and (P) reimbursement to the City or any other Person for any moneys advanced for any costs incurred by the City or such Person in connection with any of the foregoing components of Fire Rescue Assessed Cost. In the event the City also imposes an impact fee upon new growth or development for fire rescue related capital improvements, the Fire Rescue Assessed Cost shall not include costs attributable to capital improvements necessitated by new growth or development that will be paid by such impact fees. "Fiscal Year" means that period commencing OctOber 1st of each year and continuing through the next succeeding September 30th, or such other period as may be prescribed by law as the fiscal year for the City. "Government Property" means property owned by the United States of America or any agency thereof, a sovereign state or nation, the State of Florida or any agency thereof, a county, a special district or a municipal corporation. "Initial Assessment Resolution" means the resolution described in Section 2.02 hereof which shall be the initial proceeding for the identification of the Fire Rescue 7 Assessed Cost for which an assessment is to be made and for the imposition of a Fire Rescue Assessment. "Maximum Assessment Rate" means the highest rate of a Fire Rescue Assessment ~,stablished by the City Commission in an Initial Assessment Resolution or Preliminary Rate Resolution and confirmed by the City Commission in the Final Assessment Resolution or Annual Rate Resolution. "Ordinance" means this Fire Rescue Assessment Ordinance. "Owner" shah mean the Person reflected as the owner of Assessed Property on the Tax Roll. "Person" means any individual, partnership, firm, .organization, corporation, association, or any other legal entity, whether singular or plural, masculine or feminine, ~s the context may require. "Preliminary Rate Resolution" means the resolution described in Section 2.08 hereof initiating the annual process for updating the Assessment Roll and directing the reimposition of Fire Rescue Assessments pursuant to an Annual Rate Resolution. "Property Appraiser" means the Palm Beach County Property Appraiser. "Tax Collector" means the Palm Beach County Tax Collector. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes, or any suc~essor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, ~vords importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," ,'herein," "hereto," "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Ordinance. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. SECTION !.03. GENERAL FINDINGS. It is hereby ascertained, determined, and declared that: (A) Pursuant to Article VIII, section 2(b), Florida Constitution, and sections 166.021 and 166.041, Florida Statutes, the City Commission has all powers of local self- government to perform municipal functions and to render municipal services in a manner not inconsistent with law, and such power may be exercised by the enactment of City ordinances. (B) The City Commission may exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and r the City Commission may legislate on any subject matter on which file Florida Legislature may act, except those subjects described in (a), Co), (c), and (d) of section 166.021(3), Florida Statutes. The subject matter of paragraphs (a), (b), (c), and (d) of section 9 166.021(3), FlOrida Statutes, are not relevant to the imposition of assessments related to fire rescue services, facilities or programs of the City. (C) The purpose of this Ordinance is to (1) provide procedures and standards for the imposition of city-wide Fire Rescue Assessments under the general home rule powers of a municipality to impose special assessments; (2) authorize a procedure for the funding of fire rescale services, facilities, or programs providing special benefits to property within the City; and (3) legislatively determine the special benefit provided to Assessed Property from the provision of the City s consolidated fire rescue services. (D) The annual Fire Rescue Assessments, to be impOsed using the procedures provided in this Ordinance, shall constitute non-ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. (E) The Fire Rescue Assessments to be imposed using the procedures provided in this Ordinance are imposed by the City Commission, not the Palm Beach County Board of County Commissioners, Property Appraiser or Tax Collector. The duties of the Property Appraiser and Tax Collector under the provisions of this Ordinance and the Uniform Assessment Collection Act are ministerial. SECTION 1.04. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT. It is hereby ascertained and declared that the fire rescue services, facilities, and programs provide ~ special benefit to property that is improved by the existence or construction of a Building based upon the following legislative determination: fire rescue services possess a logical relationship to the use and l0 enjoyment of improved property by: (1) protecting the value of the improvements and structures through the provision of available fire rescue services; (2) protecting the life and safety of intended occupants in the use and enjoyment of improvements and structures within improved parcels; (3) lowering the cost of fire insurance by the presence of a professional and comprehensive fire rescue program within the City; and (4) containing the spread of fire incidents occurring on vacant property with the potential to spread and endanger the structures and occupants of improved property. ARTICLE II ANNUAL-FIRE RESCUE ASSESSMENTS sECTION 2.01. GENE~ AUTHO~TY. (A) 'The City Commission is hereby authorized to impose an annual Fire Rescue Assessment to fund all or any portion of the Fire Rescue Assessed Cost upon benefited property at a rate of assessment based on the special benefit accruing to such property from the City's provision of fire rescue services, facilities, or programs. AH Fire Rescue Assessments shall be imposed in conformity with the procedures set forth in this Article II. (B) The amount of the Fire Rescue Assessment imposed in a Fiscal Year against a parcel of Assessed Property shall be determined pursuant to an appo.rtionment methodology based upon a classification of property designed to provide a fair and reasonable apportionment of the Fire Rescue Assessed Cost among properties on a basis reasonably related to the special benefit provided by fire rescue services, facilities, or programs fUnded with assessment proceeds. (C) Nothing contained in this Ordinance shah be construed to require the imposition of Fire Rescue Assessments against Government Property. SECTION 2.02. INITIAL PROCEEDINGS. The initial proceeding for the imposition of a Fire Rescue Assessment shah be the adoption of an Initial Assessment Resolution by the City Commission, (1) containing a brief and general description of the fire rescue services, facilities, or programs to be provided, (2) determining the Fire Rescue Assessed Cost to be assessed, (3) describing the method of apportioning the Fire Rescue Assessed Cost and the computation of the Fire Rescue Assessment for specific properties, (4) establishing an estimated assessment rate for the upcoming Fiscal Year, (5) establishing a Maximum Assessment Rate, if desired by the City Commission, and (6) directing the City Manager to (a) prepare the initial Assessment Roll, as required by Section 2.03 hereof, Co) publish the notice required by Section 2.04 hereof, and (c) mail the notice required by Section 2.05 hereof using information then available from the Tax Roll. SECTION 2.03. INITIAL ASSESSMENT ROLL. (A) The City Manager shall prepare, or direct the preparation of, the initial Assessment Roll, which shall contain the following: (1) A summary description of all Assessed Property conforming to the description contained on the Tax Roll. (2) The name of the Owner of the Assessed Property. (3) The amount of the Fire Rescue Assessment-to be imposed against each such parcel of Assessed Property. (B) The initial Assessment Roll shall be retained by the City Manager and shall be open to public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Fire Rescue Assessment for each parcel of property can be determined by use of a computer terminal available to the public. SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the initial Assessment Roll, the City Manager shall publish, or~ direct the publication of, once in a 13 newspaper of general circulation within the City a notice stating that at a meeting of the City Commission on a certain day and hour, not earlier than 20 calendar days from such publication,' which meeting shah be a regular, adjourned, or special meeting, the City ~ommission will hear objections of ali interested persons to the Final Assessment Resolution which shall establish the rate of assessment and approve the aforementioned initial Assessment Roll. The published notice shah conform to the requirements set forth in the Uniform Assessment Collection Act. Such notice shall include (A) a geographic depiction of the prope ~rty subject to the Fire Rescue Assessment; (B) a brief and general description of the fire rescue services, facilities, or programs to be provided; (C) the rate of assessment including a Maximum Assessment Rate in the event one was adopted; (D) the procedure for objecting provided, in Section 2.06 hereof; (E) the method by which the Fire Rescue Assessment will be collected; and (F) a statement that the Initial Assessment Roll is available for inspection at the office of the City Manager and all interested persons may ascertain the amount to be assessed against :~ parcel of ~ssessed Property at the office of the City Manager. SECTION 2.05. NOTICE BY MAIL. (A) In addition to the published notice required by Section 2.04, the City Manager shah provide notice, or direct the provision of notice, of the proposed Fire Rescue Assessment by first class mail to the Owner of each parcel of property (except Government Property) subject to the Fire Rescue Assessment. Such notice shall include (1) the purpose of the Fire Rescue Assessment; (2) the rate of assessment to be levied against each parcel of property, including a Maximum Assessment Rate in the event one was adopted; (3) the unit of measurement applied to determine the Fire Rescue Assessment; (4) the number of such units cOntained in each parcel of property; (5) the total revenue to be collected by the City from the Fire Rescue Assessment; (6) a statement that failure to pay the Fire Rescue Assessment will cause a tax certificate to be issued against the property or foreclosure proceedings to be instituted,, either of which may result in a loss of title to the property; (7) a statement that all affected Owners have a right to appear at the hearing and to file written objeCtions with the City Commission within 20 days of the notice; and (8) the date, time~ and place of the hearing. The mailed notice shah conform to the requirements set forth in the Uniform Assessment Collection Act. Notice shah be mailed at least 20 calendar days prior to the hearing to each Owner at such address as is shown on the Tax Roll. Notice shall be deemed mailed upon delivery thereof to the possession of the United States Postal Service. The City Manager may provide proof of such notice by affidavit, Failure of the Owner to receive such notice due to mistake or inadvertence shah not affect the validity of the Assessment Roll nor release or discharge any obligation for payment of a Fire Rescue Assessment imposed by the City Commission pursuant to this Ordinance. (B) Pursuant to Chapter 92-264, Laws of Florida, a special act relating to the County, the City Commission shall provide notice in addition to the first class mailed notice described in subsection (A) of this Section 2.05. This additional notice shall be mailed by the Property Appraiser and included as a part of the notice of proposed property taxes under section 200.069, Florida Statutes, the truth-in millage notification. The City Manager shall provide to the Property Appraiser, no later than August 1 of each ~ ~:ar, the Fire Rescue Assessment rate expressed in dollars and cents per billing unit, the associated Fire Rescue'Assessment amount, and the purpose of the Fire Rescue Assessment. The Property Appraiser shall include notice of the Fire Rescue Assessment in the manner directed by Chapter 92-264, Laws of Florida. SECTION 2.06. ADOPTION OF FINAL ASSESSMENT RESOL~ON. At the public hearing as noticed pursuant to Sections 2.04 and 2.05 hereof, or to ¥~ich an adjournment or continuance may be taken by the City Commission, the City Commission shall receive any oral or written objections of interested persons and may then, or at any subsequent meeting of the City Commission adopt the Final Assessment Resolution which shall (A) confirm, modify, or repeal the Initial Assessment Resolution with such amendments, if any, as may be deemed appropriate by the City Commission; (B) establish the rate of assessment to be imposed in the upcoming Fiscal Year; (C) establish a Maximum Assessment Rate that may be imposed in the event such rate was adopted; (D) approve the initial Assessment Roll, withSuch amendments as it deems just and right; and (E) determine the method of collection. The adoption of the Final Assessment Resolution by the City Commission shall, constitute a legislative determination that all parcels assessed derive a special benefit from the fire rescue services, facilities, or~ programs to be provided or constructed and a legislative determination that the Fire Rescue Assessments are fairly and reasonably apportioned among the properties that receive the special benefit. All written objections to the Final Assessment Resolution shall be fried with the City Manager 16 It or before the time or adjourned time of such hearing. The Final Assessment Resolution shall constitute the Annual Rate Resolution for the initial Fiscal Year in which Fire Rescue Assessments are imposed or reimposed hereunder. SECTION 2.07. EFFECT OF FINAL ASSESSMENT RESOLUTION. The Fire Rescue-Assessments for the initial Fiscal Year shall be established upon adoption of the Final Assessment Resolution. The adoption of the Final Assessment Resolution shall be the f'mal adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property; the method of apportionment and assessment; the initial rate of assessment; the Maximum Assessment Rate, if any; the initial Assessment Roll; and the levy and lien of the' Fire Rescue Assessments), unless proper steps shall be initiated in a court of competent urisdiction to secure relief within 20 days from the date of the City Commission action on he Final Assessment Resolution. The initial Assessment Roll, as approved by the Final Assessment Resolution, shall be delivered to the Tax Collector, as required by the Uniform Assessment Collection Act, or if the alternative method described in Section 3.02 hereof is used to collect the Fire Rescue Assessments, such other official as the City'Commission by resolution shall designate. SECTION 2.08. ADOPTION OF ANNUAL RATE RESOLUTION. (A) The City Commission shall adopt an Annual Rate Resolution during its budget adoption process for each Fiscal Year following the initial Fiscal Year for which a Fire Rescue Assessment is imposed hereunder. 17 (B) The initial proceedings for the adoption of an Annual Rate Resolution shall ~e the adoption of a Preliminary Rate Resolution by the City Commission (1) containing a brief and general description of the fire rescue services, facilities, or programs to be provided; (2) determining the Fire Rescue Assessed Cost to be assessed for the upcoming Fiscal Year; (3) establishing the estimated assessment rate for the upcoming Fiscal Year; (4) establishing or increasing a Maximum Assessment Rate, if desired by the City Commission; (5) authorizing the date, time, and place of a public hearing to receive and consider comments from the public and consider the adoption of the Annual Rate Resolution for the upcoming Fiscal Year; and (6) directing the City Manager to (a) update the Assessment Roll, (b) provide notice by. publication and first class mail to affected Owners in the event circumstances described in subsection (F) of this Section so require, and (c) directing and authorizing any supplemental or additional notice deemed proper, necessary or convenient by the City. (C) The Annual Rate Resolution shall (1) establish the rate of assessment to be imposed in the upcoming Fiscal Year and (2) approve the Assessment Roll for the upcoming Fiscal Year with such adjustments as the City Commission deems just and right. The Assessment Roll shall be prepared in accordance with the method of apportionment set forth in the Initial Assessment Resolution, or any subsequent Preliminary Rate Resolution, together with modifications, if any, that are provided and confirmed in the Final Assessment Resolution or any subsequent Annual Rate Resolution. (D) Nothing herein shall preclude the City Commission from providing annual notification to all Owners of Assessed Property in the manner provided in Sections 2.04 and/or 2.05 hereof or any other method as provided by law. (E) The City Commission may establish or increase a Maximum Assessment Rate in an Initial Assessment Resolution or Preliminary Rate Resolution and confirm such Maximum Assessment Rate in the event notice of such Maximum Rate Assessment has been included in the notices required by Section 2.04 and 2.05 hereof. (F) In the event (1) the proposed Fire Rescue Assessment for any Fiscal Year exceeds the rates of assessment adopted by the City Commission including a Maximum Assessment Rate, ff any, that were listed in the notices previously provided to the Owners of Assessed Property pursuant to Sections 2.04 and 2.05 hereof, (2) the purpose for which the Fire Rescue Assessment is imposed or the use of the revenue from the Fire Rescue Assessment is substantially changed from that represented by notice previously provided to the Owners of Assessed Property pursuant to Sections 2.04 and 2.05 hereof, (3) Assessed Property is reclassified or the method of apportionment is revised or altered resulting in an increased Fire Rescue Assessment from that represented by notice previously provided to the Owners of Assessed Property pursuant to Sections 2.04 and 2.05 hereof, or (4) an Assessment Roll contains Assessed Property that was not included on the Assessment Roll approved for the prior Fiscal Year, notice shall be provided by publication and first class mail to the Owners of such Assessed Property as provided by law. Such notice shah substantially conform with the notice requirements set forth in Sections 2.04 and 2.05 19 hereof and inform the Owner of the date, time, and place for the adoption of the Annual Rate Resolution. The failure of the Owner to receive such notice due to mistake or ~nadvertence, shah not affect the validity of the Assessment Roll nor release or discharge any obligation for payment of a Fire Rescue Assessment imposed by the City Commission pursuant to this Ordinance. (G) As to any Assessed Property not included on an Assessment Roll approved t~y the adoption ~of the Final Assessment Resolution or a prior year's Annual Rate Resolution, the adOption of the succeeding Annual Rate Resolution shall be the final adjudication of the issues presented as to such Assessed Property (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the establishment or increase of a Maximum Assessment Rate, the Assessment Roll, and the levy and lien of the Fire Rescue Assessments), unless proper steps shah be initiated in a court of co~.~.~ent jurisdiction to secure relief within 20 days from the date of the City Commission action on the Annual Rate Resolution. Nothing contained herein shall be construed or interpreted to affect the finality of any Fire Rescue Assessment not challenged within the required 20-day period for those Fire Rescue Assessments previously imposed against Assessed Property by the inclusion of the Assessed Property on an Assessment Roll approved in the Final Assessment Resolution or any subsequent Annual Rate Resolution. (H) The Assessment Roll, as approved by the Annual Rate Resolution, shall be delivered to the Tax Collector as required by the Uniform Assess~ ~.t Collection Act, or 20 if the alternative method described in Section 3.02 hereof is used to collect the Fire Rescue Assessments, such other official as the City Commission by resolution shah designate. If the Fire Rescue Assessment against any property shall be suStained, reduced, or abated by the court, an adjustment shah be made on the Assessment Roll. SECTION 2.09. LIEN OF FIRE RESCUE ASSESSMENTS. Upon the adoption of the Assessment Roll, all Fire Rescue Assessments shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments. Except as otherwise provided by law, such lien shall be superior in dignity to aH other prior liens, mortgages, titles, and claims, until paid. The lien for a Fire Rescue Assessment shall be deemed perfected upon the City Commission's adoption of the Final Assessment Resolution or the Annual Rate Resolution, whichever is applicable. The lien for a Fire Rescue Assessment collected under the Uniform Assessment Collection Act shall attach to the property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes imposed under the Tax Roll. The lien for a Fire Rescue Assessment collected under the alternative method of collection provided in Section 3.02 shall be deemed perfected upon the City Commission's adoption of the Final Assessment Resolution or the Annual Rate Resolution, whichever is applicable, and shall attach to the property on such date of adoption. SECTION 2.10. REVISIONS TO FIRE RESCUE ASSESSMENTS. If any Fire Rescue Assessment made under the provisions of this Ordinance is either in whole or in part annulled, vacated, or set aside by the judgment of any court, or if the City 21 Commission is satisfied that any such Fire Rescue Assessment is so irregular or defective that the same cannot be enforced or collected, or ff the City Commission has failed to include or omitted any property on the Assessment Roll, which property should have been so included, the City Commission may take all necessary steps to imPose a new Fire Rescue Assessment against any property benefited by the Fire Rescue ASsessed Costs, following as nearly as may be practicable, the provisions of this Ordinance and in case such second Fire Rescue Assessment is annulled, Vacated, or set aside, the City Commission may obtain and impose other Fire Rescue Assessments until a valid Fire Rescue Assessment is imposed. SECTION 2.11. PROCEDURAL IRREGULARITIES. Any informality or irregularity in the proceedings in connection with the levy of any Fire Rescue Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Fire Rescue Assessment as finally approved shall be competent and sufficient evidence that such Fire Rescue Assessment was duly levied, that the Fire Rescue Assessment was duly made and adopted, and that all other proceedings adequate to such Fire Rescue Assessment were duly had, taken, and performed as required by this ordinance; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. 22 SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS. (A) No act of error or omission on the part of the Property Appraiser, Tax Collector, City Manager, City COmmission, or their deputies or employees, shall operate to release or discharge any obligation for payment of a Fire Rescue Assessment imposed by the City Commission under the provision of this Ordinance. (B) When it shall appear that any Fire Rescue Assessment should have been imposed under this Ordinance against a parcel of property specially benefited by the provision of fire rescue services, facilities, or programs, but that such property was omitted from the Assessment Roll; or such property was erroneously assessed; or was not listed on the Tax Roll as an individual parcel of property as of the effective date of the Assessment Roll approved by the Annual Rate Resolution for any upcoming Fiscal Year, the City Commission may, upon provision of a notice by mail provided to the Owner of the omitted or erroneously assessed parcel in the manner and form provided in Section 2.05, impose the applicable Fire Rescue Assessment for the Fiscal Year in which such error or omission is discovered, in addition to the applicable Fire Rescue Assessment due for the prior two Fiscal Years. Such Fire Rescue Assessment shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments, and superior in rank and dignity to all other prior liens, mortgages, titles, and claims in and to or against the real property involved, shall be collected as provided in Article III hereof, and shall be deemed perfected on the date of adoption of the resolution imposing the omitted or delinquent assessments. 23 (C) Prior to the delivery of the Assessment Roll to the Tax Collector in accordance with the Uniform Assessment Collection Act, the City Manager shall have the authority at any time, upon his or her own initiative or in response to a timely f'ded petition from the Owner of any property subject to a Fire Rescue Assessment, to reclassify property based upon presentation of competent and substantial evidence, and correct any error in applying the Fire Rescue Assessment apportionment method to any particular parcel of property not otherwise requiring the provision of notice pursuant to the Uniform Assessment Collection Act. Any such correction shah be considered valid ab initio and shah in no way affect the enforcement of the Fire Rescue Assessment imposed under the provisions of this Ordinance. All requests from affected property owners for any such changes, modifications or corrections shall be referred to, and processed by, the City Manager and not the Property Appraiser or Tax Collector. (D) After the Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications, or corrections thereto shall be made in accordance with the procedures applicable to correcting errors and insolvencies on the Tax Roll upon timely written request and direction of the City Manager. SECTION2.13. INTERIM ASSESSMENTS. An interim Fire Rescue Assessment may be imposed against all property for which a Certificate of Occupancy is issued after the adoption of the Annual Rate Resolution. The amount of the interim Fire Rescue Assessment shall be calculatedupon a monthly rate, which shall be one-twelfth of 24 the annual rate for such property computed in accordance with the Annual Rate Resolution for the Fiscal Year for which the interim Fire Rescue Assessment is being imposed. Such monthly rate shah be imposed for each full calendar month remaining in the Fiscal Year, In addition to the monthly rate, the interim Fire Rescue Assessment may also include an estimate of the subsequent Fiscal Year's Fire Rescue Assessment. Issuance of the Certificate of Occupancy without the payment in full of the interim Fire Rescue Assessment shah not relieve the Owner of such property of the obligation of full payment. Any interim Fire Rescue Assessment not collected prior to the issuance of the Certificate of Occupancy may be collected pursuant to the Uniform Assessment Collection Act as provided in Section 3.01 of this Ordinance, under the alternative collection method provided in Section 3.02 or by any other method authorized by law. Any interim Fire Rescue Assessment shall be deemed due and payable on the date the Certificate of Occupancy was issued and shah constitute a lien against such property as of that date. Said lien shall be equal in rank and dignity with the liens of all state, county, district or municipal taxes and special assessments, and superior in rank and dignity to all other liens, encumbrances, titles and claims in and to or against the real property involved and shall be deemed perfected upon the issUance of the Certificate of Occupancy. ARTICLE III COLLECTION AND USE OF FIRE RESCUE ASSESSMENTS SECTION 3.01. METHOD OF COLLECTION. (A) Unless otherwise directed by the City Commission, the Fire Rescue Assessments shall be collected pursuant to the Uniform method provided in the Uniform Assessment Collection Act, an~ the City shall comply with all applicable provisions of the Uniform Assessment Collec'~ Act. Any hearing or notice require~ by this Ordinance may be combined with any other hearing or notice required by the Uniform Assessment Collection Act or other provision of law. (B) The amount of a Fire Rescue Assessment to be collected using the uniform method pursuant to the Uniform Assessment Collection Act for any specific parcel of benefited property may include an amount equivalent to the payment delinquency, delinquency fees and recording costs for a prior year's assessment for a comparable service, facility, or program provided, (1) the collection method used in connection with the prior year's assessment did not employ the use of the uniform method of collection authorized by the Uniform Assessment Collection Act, (2) notice is provided to the Owner as required under the Uniform Assessment Collection Act, and (3) any lien on the affected parcel for the prior year's assessment is supplanted and transferred to such Fire Rescue Assessment upon certification of a non-ad valorem roll to the Tax Collector by the City. SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of using the Unifor~ ~ssessment Collection Act, the City Commission may elect to collect the 26 Fire Rescue Assessments by any other method which is authorized by law or under the alternative collection method provided by this Section: (A) The City Commission shall provide Fire Rescue Assessment bills by first class mail to the Owner of each affected parcel of property, other than Government Property. The bill or accompanying explanatory material shall include (1) a brief explanation of the Fire Rescue Assessment, (2) a description of the unit of measurement used to determine the amount of the Fire Rescue Assessment, (3) the number of units contained within the parcel, (4) the total amount of the Fire Rescue Assessment imposed against the parcel for the appropriate period, (5) the location at which payment will be accepted, (6) the date on which the Fire Rescue Assessment is due, and (7) a statemeni that the Fire Rescue Assessment constitutes a lien against Assessed Property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. (B) The City Commission shall have the right to foreclose and collect all delinquent Fire Rescue Assessments in the manner provided by law for the foreclosure of mortgages on real property or appoint or retain an agent to institute such foreclosure and collection proceedings. A Fire Rescue Assessment shall become delinquent ff it is not paid within 30 days from the date payment was due, as identified in accordancewith paragraph (A)(6) of this Section. The City Commission or its agent shall notify any property owner who is delinquent in payment of his or her Fire Rescue Assessment within 60 days from the date such assessment was due. Such n~otice shall state in effect that the City Commission 27 or its agent will either (1) initiate a foreclosure action or suit in equity and cause the foreclOsure of such property subject to a delinquent Fire Rescue Assessment in a method now or hereafter provided by law for foreclosure of mortgages on real property, or (2) cause an amount equivalent to the delinquent Fire Rescue Assessment, not previously subject to collection using the uniform method Under the Uniform Assessment Collection Act, to be collected on the tax bill for a sv~?.?quent year. (C) All costs, fees and expens~ .~ ~ncluding reasonable attorney fees and title ~earch expenses, related to any foreclosure action as described herein shall be included in any judgment or decree rendered therein. At the sale pursuant to decree in any such action, the City may be the purchaser to the same extent as any Person. The City Commission or its agent may join in one foreclosure action the collection of Fire Rescue Assessments against any or all property assessed in accordance with the provisions hereof. All delinquent Owners whose property is foreclosed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the City Commission and its agents, including reasonable attorney fees, in collection of such delinquent Fire Rescue Assessments and any other costs incurred by the City Commission as a result of such delinquent Fire Rescue Assessments and the same shall be collectible as a part of or in addition to, the costs of the action. (D) In lieu of foreclosure, any delinquent Fire Rescue Assessment and the costs, fees and expenses attributable thereto, may be collected pursuant to the Uniform Assessment Collection Act; provided however, that (1) notice is provided to the Owner in 28 the manner required by the Uniform Assessment Collection Act and this Ordinance, and (2) any existing Hen of record on the affected parcel for the delinquent Fire Rescue Assessment is supplanted by the lien resulting from certification of the Assessment Roll, as applicable, to the Tax Collector. (E) Notwithstanding the City Commission's use of an alternative method of collection, the' City Manager shall have the same power and authority to correct errors and omissions as provided to him or other City officials in Section 2.12 hereof. (F) Any 'City Commission action required in the collection of Fire Rescue Assessments may be by resolution. SECTION 3.03. GOVERNMENT PROPERTY. (A) In the event Fire Rescue Assessments are imposed against Government Property, the City Commission shall provide Fire Rescue Assessment bills by first class mail to the Owner of each affected parcel of Government Property. The bill or accompanying explanatory material shah include (1) a brief explanation of the Fire Rescue Assessment, (2) a description of the unit of measurement used to determine the amount of the Fire Rescue Assessment, (3) the number of units contained within the parcel, (4) the total amOunt of the parcel's Fire Rescue Assessment for the appropriate period, (5) the location at which payment will be accepted, and (6) the date on which the Fire Rescue Assessment is due. 29 (B) Fire Rescue Assessments imposed against Government Property shall be due on the same date as ali other Fire Rescue Assessments and, ff applicable, shall be subject :o the same discounts for early,payment. (C) A Fire Rescue Assessment shall become delinquent flit is not paid within 30 days from the date payment was due, as identified in paragraph (A)(6) of this Section. The City Commission shall notify the Owner of any Government Property that is delinque~ ~ in payment of its Fire Rescue Assessment within 60 days from the date such assessment w~. due. Such notice shall state that the City Commission will initiate a mandamus or other appropriate judicial action to compel payment. (D) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any mandamus or other action as described herein shall be included in any judgment or decree rendered therein. All delinquent Owners of GOVernment Property against which a mandamus or other appropriate action is f'ded shall be liable for an apportioned amount of reasonable costs and expenses incubated by the City, including reasonable attorney fees, in collection of such delinquent Fire Rescue Assessments and any other costs incurred by the City Commission as a result of such delinquent Fire Rescue Assessments and the same shall be collectible as a part of or in addition to, the costs of the action. (E) As an alternative to the foregoing, a Fire Rescue Assessment imposed against Government Property may be collected as a surcharge on a utility bill provided to such Government Property in periodic installments with a remedy of a mandamus action in the 30 event of non-payment. The City Commission may contract for such billing services with any utility, whether or not such utility is owned by the City. ARTICLE IV GENERAL PROVISIONS sEcTIoN 4.01. APPLICABILITY. This Ordinance and the City Commission's authority to impose assessments pursuant hereto shall be applicable throughout the City. SECTION 4.02. ALTERNATIVE METHOD. (A) This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being necessary for the welfare of the inhabitants of the City, shall be liberally construed to effect the purposes hereof. (B) Nothing herein shall preclude the City Commission from directing and authorizing, by resolution, the combination with each other of (1) any supplemental or additional nOtice deemed proper, necessary, or convenient by the City, (2) any notice required by this Ordinance, or (3) any notice required by law, including the Uniform Assessment Collection Act. SECTION 4.03. SEVERABILITY. The provisions of this Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby. SECTION 4.04. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage and adoption on the second and final reading. PASSED AND ADOPTED on First Reading on the 3rd day of July, 2001. PASSED AND ADOPTED on Second Reading and Final Reading on the 11th day )f July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk Commissioner Commissioner 33 Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 200l [] May 1,2001 V-CONSENT AGENDA ITEM D.:t. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned m to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21,2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00p.m.) Requested City Commission Meeting Dates [] May 15,2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 ~5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the July 3, 2001 City Commission Agenda under Consem. The Planning and Development Board with a 5-2 vote recommended that this request be postponed to the August 7, 2001 City Commission meeting to allow it to return to the Planning & Development Board on July 24tn. The postponement will allow the applicant, who is not fluent in English, to remm to the Board with her agent/brother who will act as an interpreter. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-108. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: MARIE PREMIER Nixon Marc Marie Premier 1521 NE 2na Street (Lot g41, Block 17, First addition to Rolling Green Subdivision) Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2; zomg, Sec. 4.B, requiting a minimum rear setback of twenty-five (25) feet, to allow a 16.58 foot variance and a 8.42 rear yard setback for a tool shed on a R-1-A zoned parcel. PROGRAM IMPACT:_ N/A FISCAL IMPACT: N/A S:XPlanning~S DireHAR~tD~rw~fxpP 1R(~njEn~Sg\ Matadr. e~prcI~rr~.ger Agenda Request form July 3, 20 es ources S:XBULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: MARIE E~PREMIER VARIANCE APPLICANT'S AGENT: Made E. Premier APPLICANT'S ADDRESS: 1521 NE 2nd Avenue DATE OF CITY COMMISSION PUBLIC HEARING: July 3, 2001 TYPE OF RELIEF SOUGHT: Rear yard setback from property line LOCATION OF PROPERTY: 1521 NE 2"d Avenue DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. TH IS MATTER came before the City Commission of the City of Boynton Beach, Florida 'appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boyn.ton 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: App [,cation for the relief sought was made by the Applican. t in a manner consistent with the requirements of the City's Land Deyelopment Regulations. The Applicant - HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 "E" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development On the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:~PLANNING',.SHARED\WP~PROJECTS~MARIE E. PREMIER ZNCV 01-010'~DEVELOPMENT ORDER REAR SETBACK.DOC EXHIBIT "C" Conditions of Approval Project name: Marie E. Premier File number: ZNCV-01-010 (rear yard setback) Reference: Zoning Code Variance Application dated May 17, 2001. PUBLIC WORKS Comments: None ~ X UTILITIES Comments: None X FII~E Comments: None X POLICE Comments: None X -~ ENGINEERING DIVISION ' Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. To be determined. X ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determined. S:\PLANNING\SHARED\WP\PROJECTS\MARIE E. PREMIER ZNCV 01-010\CONDITIONS OF APPROVAL REAR SETBACK. DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #01-108 Staff Report for Planning and Development Board and City Commission Meeting Date: June 26, 2001 File No: ZNCV 01-010 Rear setback from property line Location: 1521 NE 2nd Avenue (Lot ~f.41, Block 17, First Addition to Rolling Green subdivision) Owner: Marie E. Premier Project: Request: TOol shed addition to a single-family house zoned R-1-A Request for a variance from the City of Boynton Beach Land Development Regulations, Oihapter 2, Zoning, Section 4.B, to allow a 16.58 foot reduction from the minimum of twenty-five (25) foot rear setback required by code for a tool shed on a R-1-A zoned property, resulting in a 8.42 rear yard setback. BACKGROUND '~ The subject property and neighborhood are currently zoned R-1-A, single-family residential, and withih the First Addition to Rolling Green subdivision. The property is located on the west side of NE 4th Street. Existing lot dimensions are the same as approved by plat in 1986 (see Exhibit "A" - location map). The applicant has requested relief from the above-referenced code requirement to allow for the continued existence of an approximately 224 square foot tool shed built within the rear yard set back. The tool shed measures ~sixteen (16) feet by fourteen (14) feet, and eight (8) feet height (see Exhibit "B" - shed floor plan). For a shed with those dimensions the code requires a twenty-five foot (25) rear.yard setback. The applicant placed it at 8.42 feet from the rear property line (see Exhibit "C" - survey). Alternatively, if the improvement was not greater than one-hundred (100) square feet, and not higher than seven (7) feet, the minimum required setback would be reduced to three (3) feet, side and rear, providing that no easement is encroached. Permits were not pulled for the work, and consequently, the project was cited. In response to the citation, the applicant has submitted this variance request in hopes of obtaining the necessary permits at a later day, and thus rectifying the code violation. ANALYSIS, The code states that the zoning code variance can not be approved unless the board finds the following: a. That special conditions and circumstances eXist which are peculiar to the land, structure, or building inVOlved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Page 2 File No. ZNCV 01-010 That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, ~)r struCture. f. Th~ will be in harmony with the genera/intent and purpose of this chapter such variance wi//not be injurious to the area involved or otherwise detrimental welfare. parcel zoned lot; 2)~ The variance is 3)- Staff this r suffk poss However, staff realizes th. ""'injurious )onses to the above criteria (see Exhibit "D"), it is the position of staff p conditions for the following reaso ns: )ear to be peculiar to the land on which the structure is built. The subject as approved by plat, meet the current code requirements for a R-1-A 3y the applicant; and ,, ,n of the applicant in reference to the criteria "d" above that if she will be ..... deprived of certain rights." The SUbject property contains smaller shed within the :require~l Setba~.ks, and thus making roperty. impacts into the neighborhood will be minimized due' to There¢ore, staff feels that the variance request will not be within been surroL ~ral area and it was observed that none of the adjacent properties have records show that a total of twelve (12) properties have been the subject of variances approved since code requirements for lot area, only one (1) has addition attached to the main building. ON Zoning, Section 4. B, to allow a 16.58 foot be denied due to the lack of traditional hardship, improvements and unit layout on a standard however, any conditions of approval added by lmission will be placed in Exhibit "E". reviewed by the city using more than the placing greater emphasis on economic potential, rrounding properties. For this reason, and to indicate 'lng information: 3. Approval of this varian c(~nstruction of im provemenl ructure but for an ancillary use: a tool shed; by two (2) adjacent neighbors, one to the side and dd be noted the letters of support are for the ce request); and construed as support of or justification for MR/JA Attach ments E. Premier ZNCV 01-010\STAFF REP variance setback.doc LOCATION MAP Marie E. Premier Property EXHIBIT "A" EXHIBIT "B" .... . ,:.. ¢&~-~ "=20' u~c~,klf BLVO N.C. 15~h AVE. N. , 1Srh COURT -" ~ LOCATION SKETCH NOTTO SCALE BOYNTON BEACH 8LVO, FOR: MARIE E. PREMIER PROPERTYADORESS: 1521N.C. 2nd STREET BOYNTON BEACH. FLORIDA 33 LEGAL DESCRIPTION: LOT M, BLOCK 17, First AddiHon to ROLLING GREEN, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK Z~, ON PAGE 8 aF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SOUTH RIGHT-OF-WAY LINE FOUND N.C. 15TH AVENUE 1/2" IRON ROD, CAP DESTROYED 1 N.C. CORNER ~OC~ 1~ / LOT ~2 8LOCK 12 PLAT = 8?°56'30" MEAS = 91'5~&" ~ I J I t /HEAS = ~8'05'~2" · = HEAS= 107.21 ' ~ ~ j ['au"a · Z"XZ" CONE NON. JL~ PLAT 107.00 ~HIRONROO ~ ~ou.a ~.c~POST .,. X ti J z"x~' cone ~oN j ON u~[ -. - ~. [.oN ROe r&~ i ~ .~ ~ ' I H8.~2-1 ~6.1 I ' I 2~.o te~ , ' 1 ~oT~~mi.I, I~ ~s~ I~'T;~ ~ ~1 ~ 1~ BLOCK17~ J~t / LOT&t BL0C~ I ' ~l~l~ 1: ~ i~ ..,,o.o , 0~ST0nYm. ~ ~ll~l ~ ~ o' I~~ ' I CONE. ~1 ~i1-/ ~ / ~t ~ 12t / RES OENCE ~1 ~,Jx J ' / / J3'i ' I ' I ' ~ ~ k ~ ~ ~PLAT=171°17 I 3 T ~OUHO J W P PIPE, N~/;; iRON 6" O,Z7 .OR. AT SASE 2.789 WITNESS CORNER 8~' CHORD DISTANCE = 22.?0 M~ 56'30" ~ FOUNO 3/~' IRON ROO LOT &0 ~ BLOCK 12 x CHORD ANGLE PLAT = Tg~13'56'' Statements of special conditions and hardships. EXHIBIT "D" 1- I had to build the shed in this area in my backyard, because of the utility easement and a tree located at the south side of the backyard. I always wanted to build a shed in the backyard, and always knew that the way it's laid out and where the utility easement is located, did not leave me much choices. 3- Some of my neighbors do not have a shed in their backyard, by they built patio or extended their back porch, thus this will not grant me any special privileges. I believe that if I am deny this shed I will be deprived of certain rights, using space available in my backyard to build a shed, and not being a nuisance for my closest neighbors. The shed is built strong, it is not a danger to me nor to my neighbors. Although getting this permit will mean a lot to me, but according to the facts stated above, issuing me this permit will be minimal. I know that I unintentionally violated a few rules, but the main reason why this chapter stated is the safety and welfare of the public. I know that for fact that I did not violate this part. To support my conviction I have enclosed a letter from my closest neighbors. thank you in advance for your understanding. Marie premier, proud resident of Boynton Beach. Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] Mayl, 2001 V-CONSENT AGENDA t'TEM D.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORt,t Date Final Form Must be Turned in to CiW Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15,200l [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the July 3, 200'1 City Commission agenda under Consent. The Planning and Development Board with a 6-1 vote recommended that this request be denied, which was to amend the zoning district regulations to allow a cosmetology school as a permitted use within the C-1 zoning district (which would also carry forward into the C-2, C-3 and C-4 districts). Alternatively, the Planning and Development Board with a vote of 7-0 also recommended that the staff recommendation be approved, which is to amend the zoning code to allow cosmetology schools as conditional uses in the C-3 zoning district, and to add a definition for cosmetology and barber schools. For further details pertaining to this request and recommendation see attached Department of Development Memorandum No. P Z 01-120. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: COSMETOLOGY SCHOOL IN C-1/BOYNTON-CATALINA Weiner & Aronson, P.A. Boynton Catalina 1753 N. Congress Avenue Request to amend Chapter 2, Zoning, Section 6.A. 1.n and 6.A.1.0 to allow cosmetology schools as permitted uses in the C-1 zoning district, which would also allow the use inthe C-2, C-3 and C-4 zoning districts. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ) ALTERNATIVES: /~9 N/A ~1 / /~4 Die'or 'o f i~ ~v~'lopment" ~ ;iiy212--~i~ / S:XPlanningXS DireHA~tD~rw~fxpPR1Oj~TSg\c~s~meZto°loningygschool in C-1 (Boynton-Catalina)C-1 ~dAI~mg~ued~ J~li 3, ;001 .dot esollrc se S:XBULLETIN~ORMSXAGENDA 1TEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DI~SION MEMORANDUM NO. PZ 01-120 TO: THROUGH: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael W. Rumpf Director of Planningfir/d Zohing Maxime Ducoste-Am6d6e, Planner June 13, 2001 CODE REVIEW CDRV 01-002 Cosmetology School added to the list of permitted uses in the C-1 zoning district. NATURE OF REQUEST,:-- Mr. Michael Weiner, Weiner & Aronson, P.A. representing Boynton Catalina Center, is requesting that cosmetology schools be added to the list of permitted uses in the C-l, Office and Professional Zoning district. Specifically, the applicant is requesting that the code be amended to add a new permitted use to the C-1 zoning district (Chapter 2, Zoning, Section 6. A. 1. n and 6. A. 1 o.) to read as follows: "n. Instruction or tutoring, with a gross floor area of less than two thousand (2, 000) square feet, limited to instruction or tutoring for office occupations, cosmetolo~, barber or academic instruction or tutoring, and specifically excluding art, recreational; trade, or industrial instruction, except as permitted above." "o. Instruction or tutoring, with a gross floor area of two thousand (2,000) square feet or more, limited to instruction o_Er tutoring for office occupations, cosmetology, barber or academic instruction or tutoring, and specifically excluding art, recreational, trade; or industrial instruction, except as permitted above. *" By allowing it in the C-1 district, unless specifically addressed or restricted in the C-2 and C-3 districts, the use would then carry forward as a permitted use. It should be noted that the effects of the subject request, if approved, would be citywide; however, the desired location for the school is in the Boynton Catalina Center (zoned C-3). BACKGROUND Currently, the City's Land Development Regulations do not define cosmetology or beauty schools. The Florida Department of Education, in Florida Statutes Section 246.203, states the Page 2 CDRV 01-002 following: "Business, management, trade, technical, or career education" means any instruction which prepares a person for employment in an occupation... "(see Exhibit "A"). The State definition of "school", identifies cosmetology schools under the Technical and Trade School category. The City's regulations include cosmetology Schools under a trade category based upon the North American Industrial Classification System (NAICS) classification :(see Exhibit "B"). Accordingly, cosmetology schools are currently categorized under the trade category and would therefore beprohibited in commercial districts, but allowed in the M-l, Light Industrial zoning distrct, ~which permits trade schools. By general interpretation, the C-1 zoning disttrct includes an extensive list of office and professional permitted and conditional uses, then carry forward as either permitted or conditional uses in the C-2, and C-3 zoning The City's Land Development Regulations Chapter 2, Section 6. A. 1., limits the C-1 zoning district to offices and professional uses; however, the current list does not include cosmetology or beauty schools. The same C-1 disttrct, Section 6. A, 1. (n) permits: "n.' ins of less than two thousand (2,000)~ square feet, limited or academic tutoring, and specifically excluding art, recreational, trade, or industrial, instruction." and Section 6. B. 1. (o), permits as a conditional use: "o. instruction or tutoring, with a gros~ floor area of two thousand (2, 000) square feet or more, limited to instruction or tutoring for office occupations, cosmetology, barber or academic instruction or tutoring, and specifically excluding art, recreational, trade, or industrial instruction, except as permitted above. *" Also, Section 6. A. 1. (s) permits: "Barber shops, beauty salons, manicurists, tailors, and dressmakers. *" as a conditional use in the C-1 zoning district. Furthermore, in the C-2, Neighborhood Commercial zoning district, Chapter 2 Section 6, B. 1. (x), permits: "the following personal and household and services: Barber shop, beauty salons, manicurists, tanning salons, pet grooming, off-premises carpet and upholstery cleaning, maid service, tailors and dressmakers." Finally, in the C-3, Community Commercial zoning district, Chapter 2 Section 6. C. 1. (a) permits:- "Any usepermitted in C-1 or C-2 districts, without specific limitation on floor area." The retail or service aspect of this trade is permitted in these two districts; however, the respective schools are not permitted. ANALYSIS The applicant has stated in the letter of request (see Exhibit "C ") that the City's provisions are: "too broadly worded and would create a distinction whereas the cutting of hair and the teaching of the art of cutting hair would be treated differently". In support of his position, the applicant indicated that for a zoning ordinance to be valid, there must be a substantial relationship to the public's general welfare." In this instance, there is no such linkage between the general welfare and the exclusion of the use caused by the ordinance being overly broad. Staff understands that indeed the zoning regulations may also lead to inconsistent interpretation in regard to the Page 3 CDRV 01-002 relationship between the public's welfare and the allowance of such use. For comparative purposes, staff surveyed local governments to obtain their respective regulations on cosmetology schools. Of the six 3) of them including Palm Beach County, .the CiO of West gY schools as however, if they charge General Commercial Or Limited Greenacres permit~ ' of regulations van other cities described by other codes appears comp With respect: to ~ street parking spaces, 1:6. c. (7) vocational schools: one (1) (1) parking space per shops, plus required Space for ~ recreation facilities. Paragraph # (22) space per one h~ repairing, and servicing: one (1) .floor area. hundred ~ of off- d technical or area, plus one~ and ~ng (20) cluding testing, The general intent and purpose of the C-1 zoning district is to provide adequate office and professional uses and serve as a transition zone between the residential and more intense commercial uses. The minimum lot size for any property in a C-l, Office and Professional Zoning district to be developed is 9,000 square feet. In contrast, the minimum lot sizes within the C-2 and C-3 zoning districts are respectively 5,000 square feet and 15,000 square feet, these zoning districts permit more uses, generate more activities and traffic, and .consequently, require more parking spaces to meet the intent and purpose of the zoning districts. The C-2 and C-3 districts offer a wider range of uses to serve the entire community. If the proposed school were to be permitted in the C-1 district, with a minimum lot area of 9,000 square feet with the maximum lot coverage of 40%,. parking requirement for school would be 72 spaces. However, if the same 9,000 square feet with the same lot coverage of 40% were to be used for office/professional uses, parking requirement would be 12 spacesi Therefore, allowing the proposed use in the C-1 zoning district would intensify and in contrast to the characteristics and performance of the C-1 zoning district. RECOMMENDATION Based on this analysis, staff recommends that this request, to .amend the city's code to include Page 4 CDRV 01-002 cosmetology schools in the C-1 zoning district be denied. However, also based on the analysis contained herein, which identifies the similarity of the proposed use and the C-3 zoning district, staff recommends that the regulations be amended to allow cosmetology schools as conditional uses in the C-3, Community Commercial zoning district. Furthermore, staff recommends that this oppommity to amend the code be used to also insert a definition for cosmetology schools. It is the opinion of staff that this code revision, if approved as requested by the applicant, would have a certain level of impact on the citywide distribution of uses within all commercial zoning districts. Staff further believes that the subject use will not perform similarly, and would intensify activities in the Office/Professional (C-l) and Neighborhood Commercial (C-2) districts. Also, this alternative, Would improve the consistency between the city regulations and those regulations of other municipalities in Palm Beach County. Therefore, staff recommends that the Land Development Regulations, Chapter 1 General Provisions, Article II, Definitions, be amended by adding a definition of Cosmetology and Barber Schools based on the North American Industrial Classification System (NAICS), as follows: "An establishment primarily engaged in offering training in barbering, hair styling, or the cosmetics arts, such as makeup or skin care. These schools provide job-specific certification." It is also recommended that the C-3, Community Commercial district regulations be amended by adding a new permitted item "gg" to read as follow: "Cosmetology schools including barbering, hair styling, or the cosmetics arts, such as makeup or skin care, if in conjunction with the delivery of the service to the general public on a daily basis. *" Staff recommends that this addition be as a conditional use, to allow for case-by-case analysis to review size and impacts, and site compatibility. Exhibits S :~PLANNINGXS HARED\WPXPROJECTS\COSM ETOIDGY SC HOOL\STAFFREPORT.DOC Charlie Crist, 'Commissioner EXHIBIT "A" February 8,2001 Mr. Jose Alfaro Planner Boynton Beach City Hall 100 East Boynton Beach Blvd. Boynton Beach, Florida 33125 Re: Definition of School Dear Mr. Al'faro: The Executive Director, Mr. Samuel Ferguson, has asked that I respond to phone call of February 8, 200I concerning the definition of"School". Florida Statutes Section 246.203 States: (1) "SchOol'' means any nonpUblic postsecondary non collegiate career educational institution association, corporation; person, partnership, or organization of any type that: (a) Offers to provide or provides any postsecondary program of instruction, course, or class through the student's personal attendance, in the presence of an instructor, in a classroom, clinical, or other practicum setting or correspondence or other distance learning ........ (2) "Business,..management, trade, technical, or career education" means any instruction which prepares a person for employment in an occupation ...... For additional information you can read Sections 246.201 - 246.31, Florida Statutes. It may be of some help to you, to know that this Board was called the "State Board of Independent Postsecondary Vocational, Technical, Trade and Business Schools" until I999. Florida Department of Education PL 08, The Capitol Tallahassee, Florida 32399-O400 (850) 487-1785-Phone (850) 413-0378-Fax EXHIBIT "A" Page 2 Mr. Alfaro February 8, 2001 IfI can be of further service, please call me at (850) 488-9504. ~/~~Sinc y, , /'~ Guery Davi~, Ph.D. Program ~ecialist State Board of Nonpublic Career Education 2600 Apalachee Parkway Tallahassee, Florida 32301 EXHIBIT "B" 622 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM 61143 Professional and Management Development Training See industry description for 611430 below. 611430 Professional and Management Development Training This industry comprises establishments primarily engaged in offering an array of short duration courses and seminars for management and professional development. Training for career develop- ment may be provided directly to individuals or through employers' 'training programs; and courses may be customized or modified to meet the special needs of customers. Instruction may be provided at the establishment's facilities or at an off-site location, including the client's own facilities. Cross-References. Establishments primarily engaged inw- · Advising clients on human resource and training issues without providing the training-- are classified in U.S. Industry 541612, Human Resources and Executive Search Consulting Services; and · Offering academic degrees (e.g., baccalaureate, graduate level)--are classified in Industry 611310, Colleges, Universities and Professional Schools. 6115 Technical and Trade Schools 61151 Technical and Trade Schools This industr~j comprises establishments primarily engaged in offering vocational and technical training in a variety of technical subjects and trades. The training often leads to job-specific certification. Illustrative Examples: Apprenticeship training programs Aviation and flight training instruction schools Computer repair training Cosmetology schools Electronic equipment repair training Graphic arts schools Modeling schools Nursing schools (except academic) Real estate schools Truck driving schools Cross-References. Establishments primarily engaged into · Offering courses in office procedures and secretarial and stenographic skills--are classified in Industry 61141, Business and Secretarial Schools; · Offering computer training (except computer repair)mare classified in Industry 61142, Computer Training; · Offering professional and management development training--are classified in Industry 61143, Professional and Management Development Training; · Offering academic courses that may also offer technical and trade courses--are classified according to the type of school; US--United States industry only. CAN--United States and Canadian industries are comparable. When neither US nor CAN appears, Canadian, Mexican, and United States industries are comparable. http://www, ntis.gov/naics EXHIBIT "B" EDUCATIONAL SERVICES 623 · Specialty air transportation services which may also provide flight training--arc classified in Industry 48121, Nonscheduled Air Transportation; and · Offering registered nursing training--arc classified in Industry 61121, Junior Colleges or Industry 61131, Colleges, Universities and Professional Schools. 611511 Cosmetology and Barber Schoolsus This U.S. industry comprises establishments primarily engaged in offering training in barbering, hair styling, or the cosmetic arts, such as makeup or skin care. These schools provide job-specific certification. 611512 Flight TrajnfngTM This U.S. industry comprises establishments primarily engaged in offering aviation and flight training. These establishments may offer vocational training, recreational training, or both. Cross-References. Establishments primarily engaged in specialty air transportation services which may also provide flight training are classified in U.S. Industry 481219, Other Nonscheduled Air Transportation. 611513 Apprenticeship Trainingus This U.S. industry comprises establishments primarily engaged in offering apprenticeship training programs. These programs involve applied training as well as course work. 611519 Other Technical and Trade Schoolsus This U.S. industry comprises establishments primarily engaged in offering job or career vocational or technical courses (except cosmetology and barber training, aviation and flight training, and apprenticeship training). The curriculums offered by these schools are highly structured and special- ized and lead to job-specific certification. Illustrative Examples: Bartending schools Broadcasting schools Computer repair training Graphic arts schools Modeling schools Real estate schools Truck driving schools Cross-References. Establishments primarily engaged in- · Offering courses in office procedures and secretarial and stenographic skills--are classified in Industry 611410, Business and Secretarial Sch6ols; · Offering computer training (except computer repair)mare classified in Industry 611420, Computer Training; US--United States industry only. CAN--United States and Canadian industries are comparable. When neither US nor CAN appears, Canadian, Mexican, and United States industries are comparable. http://www.ntis.gov/naics MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecop~er: (561) 272-6831 E-mail: delraylaw@bellsouth.net EXHIBIT'"C" OF COUNSEl' ROBERT MARC SCHWARTZ, P.A. Flodda Bar Board Certified Real Estate Lawyer May15,2001 Via Hand-Delivery Mr. Michael W. Rumph Director of Planning & Zoning City Of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: Text Amendment Application: Boynton-Catalina, L.P., 1753 N. Congress Avenue, Boynton Beach, FL 33426 Our File No.: BOYC001 Dear Michael: I was advised that there is no city prescribed application form pertaining to Text Amendments. Therefore, this letter with the enclosures is being filed as a formal Text Amendment request. Please find enclosed the following: A check in the amount of Two Hundred Fifty Thousand Dollars ($250.00) payable to the City of Boynton Beach. The applicable text of Section 6.A.1 .n. and Section 6.A. 1 .o. of the Boynton Beach Zoning Code, wherein the changes are shown with underlining. We understand that in addition to the filing fee above, there will be a charge for advertisement of the proposed text change. Please advise us of the cost and we will forward payment to you. The reason for the text change is that a tenant of Boynton-Catalina, L.P. engages in the business of operating as a beauty salon and in addition, operates as a school teaching the art of cosmetology on the same premises. As a result of certain broadly worded provisions which the proposed text change now amends, the cutting of hair in the zoning district and the teaching of the art of cutting hair in the zoning district would be treated differently. There is no rational relationship to the protectior' ^'~ ~ ~"-";" ;'-* .... * ~ ~^~;,-~ ...................... ?~. or a public benefit to be derived by making such a distinction. .[~ ~ ~ '~] ~ ~ EXHIBIT'"C" Mr. Michael Rumph May 15, 2001 Page 2 It is well-settled that a zoning ordinance to be valid must bear a substantial relation to the public health,, safety, morals or general welfare_.. If a zoning restriction exceeds the bounds of necessity for public welfare, then they may not be sustained. Where there is an exclusion of a use, there must be a substantial relationship to the general welfare. In this inStance, there is no such linkage between the general welfare and the exclusion of the use. Accordingly, the ordinance is overly broad. Let me point out to you that this change will not affect the zoning plan for the city. It will not jeopardize or materially affect this particular zoning district. There are no policies in the Comprehensive Plan for the City of Boynton Beach, Florida which mandate that such a distinction should be made to the contrary. Cosmetology schools provide an affordable alternative to the community for beauty treatment and assist young people not otherwise college bound to have a profession. Please note that these changes are to the C-1 zoning district. The property in question is actually located within a C-3 zoning district, but any use permitted in C-1 or C-2 districts are allowed within the C-3 zoning district. Other uses within C-1 zoning districts include funeral homes with crematoriums, hospitals, nursery schools, day-care centers and other pre-school activities, and as conditional uses, restaurants and mini-warehouses. Given the rest of uses within C-1, the teaching of the art of cosmetology would not be out of character with the intended scope and purpose of the zoning district. It should be po!nted out that th e State of Florida has its own Board of Cosmetology authorized by state statute and that pdvate schools of cosmetology are supervised by the State Board of Non-Public Career Education. It is well-recognized in the State Of Florida that one's right to devote his real estate to any legitimate use is properly within the protection of the Constitutions of the United States and Florida. Zoning codes should not impose restrictions which are unnecessary or unreasonable upon the use of private property or the pursuit of usable activities. An action imposing restrictions on private property must be kept within the limits of necessity for the public health, morals, safety or general welfare. Accordingly, under these standards, we believe that the recommended zoning change should be approved. I am confirming with you that this letter and the submissions with it are sufficient for the purposes of placing this particular item before the Planning & Zoning Board for the City of Boynton Beach on June 26, 2001 'and before the City CommisSion of Boynton Beach on July 3, 2001. PLANNING ZONING DEPT Mr. Michael Rumph May' 15, 2001 Page 3 I/f/you shoUld need anything further from the undersigned, me. ' Enclosures cc: Boynt0n-Catalina, L.P. (w/enclosures) Richard L. Allen, Esquire (w/enclosures) Alan J. Ciklin, Esquire (w/enclosures) please do not hesitate to contact \\Ntserver\work\BOYC001\LetterRumpf. Mayl0.wpd PLAN,'tiNG AND _ ZONING DEPT n. Instruction or tutoring, with a gross floor area of less than two thousand (2,000) square feet, limited to instruction o_[r tutorinq for office occupations, cosmetoloqy, barber or academic instruction or tutoring, and specifically excluding art, recreational, trade or industrial instruction, except as permitted above. o. Instruction or tutoring, with a gross floor area of two thousand (2,000) square feet or more, limited to instruction or tutorinq for office occupations, cosmetology, barber or academic instruction ortutoring, and specifically excluding art, recreational, trade or industrial instruction, except as permitted above. \\Ntserver~work\BOYCO01~,Addition.wpd Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 VI-CITY MANAGER'S REPORT cITy OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FOR ,_ Date Final Form Must.be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commigsion Meeting Dates [] May 15,2001 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business []- Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve an Interlocal Agreement for the acquistion of real property for park improvements (Morey's) between the City of Boynton Beach and Palm Beach County.~ EXPLANATION: The County agrees to contribute the amount of $250,000 to the City as a reimbursment toward the acquisition price of Morey's, as follows: $100,000 on January 15, 2002, $100,000 on January 15, 2003, and $50,000 on January 15, 2004. The intention of the City is to utilize this parcel for additional parking, landscape buffer along Federal Highway, and other ancillary uses to the operation of the public park, known as Boat Club Park. PROGRAM IMPACT: FISCAL IMPACT: $640,000, less the reimbursement from the County in the amount of $250,000'. ALTERNATIVES: Department Head's Signature Departrnent Name ~ce / Human Resources S:XBULLETINXFORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION RO 1- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BO~2qTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY COUNTY COMMISSIONERS OF PALM BEACH COUNTY (COUNTY) AND THE CITY OF BOYNTON BEACH (CITY) FOR ~ING IN THE AMOUNT THE IMPROVEMENTS; DATE. WHEREAS, r;. ~ City and County desLre to enter into ~. cooperative agreement regarding the City's purchase of a parcel of property located within the municipal boundaries of Boynton Beach, Florida; and WHEREAS, the City is obligated to pay six hundred forty thousand and no/100 dollars ($640,000) and acquisition costs, and will take title to the property known as Morey's upon completion of the acquisition process; and WItEREAS, the County has agreed to contribme two hundred fifty thousand dollars ($250,000) to City as a reimbursement toward the Purchase price of the site; and WItEREAS, the City owns and operates Boat Club Park, located at federal Highway in the City of Boynton Beach, and the City desires to acquire the subject property for additional parking, landscape buffer along Federal Highway, and other uses ancillary to the operation of the public park; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: This Commission does hereby authorize and direct the Mayor and City Clerk to'execute an Interlocal Agreement between Palm Beach County and the City of Boynton Beach for reimbursement funding in the amount of $250,000 toward the purchase of real property for additional parking, landscape buffer along Federal Highway, and other uses ancillary to the operation of the public park. Section 2 That this Resolution shall becel: :~ effective immediately upon passage. I:',,SHRDATA~CAkRF~O~~~M~2701 .doe PASSED AND ADOPTED this day of Suly,-2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) J:~SHRDATA\CA'~ESO',Agreements'flntea'loeals',Interloeal-Moreys062701 Retum recorded document to: Document prepared by: INTERLOCAL AGREEMENT FOR THE ACQUISITION_OF REAL PROPERTY FOR PARK IMPROVEMENTS This is an Interlocal Agreement, made and entered into by and between THE CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, hereinafter "CITY", and- PALM BEACH COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," :: BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, CITY OF BOYNTON BEACH, a Florida municipal corporation, created and existing under the'laws of the state of Florida, hereinafter referred to as "CITY." WHEREAS, this Agreement is entered into pursuant to §163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, it is the purpose and intent of the parties to this Interlocal Agreement, to permit COUNTY and CITY to make the most efficient use of their respective powers, resources and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby accomplish the objectives provided for herein in the manner that will best accord with the existing resources available to each of them and with the needs and developments within their respective jurisdictions; and WHEREAS, CITY and COUNTY desire to enter into a cooperative agreement regarding the City'~s purchase of a parcel of property located within the municipal boundaries of Boynton Beach, Florida; said property is more ~ specifically described in Exhibit "A," attached hereto and made a part hereof and is hereinafter referred to as the "SAM BROWN JR.'S SUBDIVISION"; and WHEREAS, CITY is obligated to pay six hundred forty thousand and 00/100 dollars ($640,000.00) and acituisition costs and will take title to the proper/y upon completion of the acquisition process; and WHEREAS, CITY desires to acquire, the property for additional parking, landscape buffer improvements along Federal Highway and related uses arising from the City's operation of Boat Club Park; and' WHEREAS, COUNTY has agreed to contribute two hundred fifty thousand dollars ($250,000) to CITY as a reimbursement towards the purchase price of the Site; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE 1 BACKGROUND; PURPOSE AND INTENT 1.1 The above recitals are true and correct and incorporated herein as if set forth in full hereunder. ~.. 1.2 It is the purpose and intent of this Interlocal Agreement for COUNTY and CITY, pursuant to Section 163.01, Florida Statutes, to cooperate and provide for a means by which each governmental entity may exercise its respective powers, privileges and authorities which they share in common and which each might exercise separately in order to further a common goal. 1.3 In order to further the efforts to be undertaken by CITY in connection with the purchase of the SAM BROWN JR.'S SUBDIVISION, the parties hereto acknowledge and agree to cooperate with each other to the fullest extent reasonably necessary to accomplish the mutual desire of the parties that the project be successfully completed. ARTICLE 2 DEFINITIONS Improvement/Enhancement: "Improvement/enhancement" for the purpose of this Interlocal Agreement shall mean the acquisition of real property for .additional parking, landscape buffer along Federal Highway, and other uses ancillary to the operation of the public park. -2- ARTICLE 3 SAM BROWN SR.'S SUBDIVISION SITE 3.1 USE OF THE SITE. 3.1.1 In the event that this Interlocal Agreement conflicts with any other agreement or document pertaining to permissible uses of the Site, CITY and COUNTY agree that the terms and conditions contained in this Interlocal Agreement shall prevail. 3.1.2 CITY covenants that CITY will not commit waste to or on the Site, and CITY shall use due care and dili others u-ne. CITY covenants to furthermore, covenants that CITY on the Site or knowingly permit others to do so; nor shall CITY itself use the Site for any unlawful purpose, or allowany other person to do so. 3.2 3.3 JOINDER COUNTY agrees that it will join, cooperate and shall execute such reasonable documents'- as may be required by law in connection with grants of easements. The approval of any development or environmental permits by the COUNTY shall be in accordance with applicable laws and ordinances. COUNTY'S CONTRIBUTION COUNTY agrees to contribute the two hundred fifty thousand dollars ($250,000) to CITY as a reimbursement towards the acquisition price of the Site. COUNTY shall pay CITY, payable as follows and contingent on the City acquiring title to the property: $100,000.00 on January 15, 2002 $100,000.00 on January 15, 2003 $ 50,000.00 on January 15, 2004 ARTICLE 4 4.1 RESPONSIBILITIES. CITY'S RESPONSIBILITY. COUNTY and CITY agree that CITY shall be solely responsible for the acquisition improvements and management of the Site in accordance with the terms of this Interlocal Agreement. 4.2 RESTRICTIONS ON IMPROVEMENT/ENHANCEMENT 4.2.1 CITY agrees that the Site and all its facilities and amenities will be available to all residents o f PALM BEACH County for activities set forth within this Agreement and that any entrance, user or other fees or conditions assessed by CITY will be identical for all residents of PALM BEACH County.. 4.3 UTmITm~ 4.3.1 CITY shall.be solely responsible to obtain and shall promptly pay all charges for telephone, gas, water, electricity, sewage, garbage removal and any other utility used or consumed at the Site. 4.4 CONSTRUCTION 4.4.1 CITY agrees to include the following language in any contract it enters into with' selected contractor(s) [said contractor(s) referred to as "CONTRACTOR"]:~ engaged to complete any improvements contemplated by this Interlocal: Agreement: GENERAL INDEMNIFICATION: The Contractor shall indemnify, hold harmless and, at County or Attorneys' option, defend or pay for an attorney selected by County Attorney to defend COUNTY or by City Attorney to defend CITY, its officers agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of contractor or subcontractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. CONTRACTOR shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees'and costs. Nothing contained herein is intended nor shall it be construed to waive CITY's and COUNTY's fights and immunities under the common law or Florida Statute 768.28 as amended from time to time. This obligation shall not be construed to -5- negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to anyparty described in this paragraph and its subparts. 4.4.2 CITY agrees to include in its agreement with any successful contractor(s) the requirement that the contractor(s) maintain at least the following insurance requirements throughout the term of the Agreement and further agrees to provide to COUNTY, prigr to commencement of any improvements at the Site, Certificates of Insurance evidencing the CONTRACTOR's compliance with the requirements of this section: INSURANCE REQUIREMENTS: Ao Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for and maintain in force until all of its work to be performed under this Interlocal Agreement has been completed and accepted by CITY (for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein: Workers' Compensation Insurance to apply for all employees in:. compliance with the "Workers' Compensation Law" of the State off Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen and Harbor Workers Act and Jones Act. Comprehensive General or Commercial Liability with minimum limits of five hundred thousand Dollars ($500,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General or Commercial Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: a. Premises and/or Operations. -6- b. Independent Contractors. c. Products and/or Completed Operations. d. Explosion, Collapse and Underground Coverages. e. Broad Form Property Damage. · Broad Form Contractual Coverage applicable to this specific Interlocal Agreement, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, With minimum limits of coverage equal to those required for Bodily Injury Liability and Property :Damage Liability. COUNTY is to be expressly included as an "Additional- Insured" in the name of the "Board of County Commissioners of PALM BEACH County, Florida" with:. respect to liability arising out of operations performed for:' CITY by or on behalf of CONTRACTOR or acts or omissions of COUNTY or CITY. o Business Automobile Liability with minimum limits of Three Hundred Thousand Dollars ($300,000:00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest' edition of the Business Automobile Liability. policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: ao Owned Vehicles. Hired and Non-Owned Vehicles. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished thirty (30) days prior to the date of their expiration. Notice of Cancellation and/or Restriction - The Certification of Insurance will reflect thirty (30) days prior notice of cancellation and/or restriction to the COUNTY and CITY. -7- Do The CONTRACTOR shall furnish to the CITY's Risk Management Department Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award. The. required Certificates of Insurance shall name the types of policies provided, refer specifically to this Interlocal Agreement and state that such insurance is as required by this Interlocal Agreement. Eo CONTRACTOR shall not commence work under the Interlocal Agreement until after it has obtained all the minimum insurance herein described and the policies of such insurance detailing the provisions of coverage have been received and approved by CITY. CONTRACTOR shall not permit any subcontractor to begin work until after similar minimum insurance to cover the subcontractor has been obtained and approved. ARTICLE 5 TIME FOR PERFORMANCE 5.1 The CITY will complete the contemplated parking lot and landscaping improvements by January 15, 2005. ARTICLE 6 REMEDIES In the event of any default or breach of any. of the terms of this Interlocal Agreement, it is specifically acknowledged and agreed that either party shall, in addition to all other remedies which may be available in law or equity, have the right to enforce this Interlocal Agreement by specific performance, injunctive relief, prohibition or mandamus to compel the other party to abide by the terms of this Interlocal Agreement. ARTICLE 7 INDEMNIFICATION CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and COUNTY is a political subdivision of the State of Florida~ Each agrees to be fully responsible for acts and omissions of their elected officials, agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign -8- immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision:of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. ARTICLE 8 MISCELLANEOUS 9.1 Joint Preparation: The preparation of this Interlocal Agreement has been a joint effort of the parties hereto and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 9.2 Entire Agreement and Modification: This lnterlocal Agreement incorporates, supersedes and includes all prior negotiations, correspondence, conversations, agreements or understanding applicable to the matter contained herein. It is further agreed that no change, alteration or modification in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 9.3 Records: In accordance with the Public Records Law, CITY agrees to permit COUNTY:_ to examine all records and grants COUNTY the right to audit any books, documents an.d? papers that were generated during the course of administration of the Site. CITY shall maintain the records, books, documents and papers associated with this Interlocal Agreement for at least three (3) years following execution of this Interlocal Agreement. 9.4 Contract Administrator: The Contract Administrators for this Interlocal Agreement are the Biological Resources Division Director or designee for COUNTY, and City Manager or designee for CITY. In the administration of this Interlocal Agreement, as contrasted with matters of policy, all parties may rely upon instructions or determinations made by the respective Contract Administrators. 9.5 Recordation/Filing: This Agreement shall be recorded in the public records of PALM BEACH County, in accordance with the Florida Interlocal Cooperation Act of 1969. 9.6 Notices: Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: FOR COUNTY: Director PALM BEACH County Biological Resources Division 9.7 9.8. FOR CITY: City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Choice of Law; Waiver of Jury Trial: Any controversies or legal problems arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth- Judicial Circuit of PALM BEACH County, Florida, the venue sims, and shall be- governed by the laws of the State of Florida. To encourage prompt and equitable:. resolution of any litigation that may arise hereunder, each party hereby waives any rights!- it may have to a trial by jury of any such litigation. Counterpart Originals: The parties agree that this' Agreement may be executed in counterparts, and that collectively the counterparts shall be considered an original agreement and shall be deemed legally sufficient and binding upon the parties. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK -10- IN WITNESS WHEREOF, the parties have made and executed this Interlocal Agreement on the respective dates under each signature: PALM BEACH COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and throUgh its Chair or Vice Chair, authorized to execute same by Board action on the day of ,2001, and , signing by and through its , duly authorized to execute same. COUNTY ATTEST: PALMBEACH COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio Clerk of the Board of County Commissioners of PALM BEACH County, Florida Approved as to Insurance Requirements Risk Management Division By. Chair day of ,20 Approved as to form by Office of County Attorney PALM BEACH County, Florida ., County Attorney By: Deputy County Attorney INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF BOYNTON BEACH FOR ACQUISITION, IMPROVEMENT/ENHANCEMENT, OPERATION AND MANAGEMENT BY CITY OF REAL PROPERTY COMMONLY REFERRED TO AS MOREY'S LOUNGE (SAM BROWN JR.'S SUBDIVISION) CITY WITNESSES: CITY OF BOYNTON BEACH By Mayor ATTEST: City Clerk day of ., 20 By City Manager (CORPORATE SEAL) __ day of ,20 APPROVED AS TO FORM: By City Attorney \XJGCDE__FSXLIBRARY~2001 \010078Xlnterlocal Agmt.doc 6/18/01 6~5~1 -12- EXHIBIT "A" ..... LOCATION OF PROPERTY -13- EXHIBIT i'B" FLORIDA COMMUNITIES TRUST GRANT AGREEMENT -14- EXHIBIT "C" FLOR/DA COMMUNITIES TRUST APPROVED RESOURCE MANAGEMENT PLAN -l§- EXHIBIT "D" PALM BEACH COUNTY RESOLUTION 2000- Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 VII-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March, 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.rr~) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the July 3, 2001 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote of 7-0 recommended this request be approved, subject to staff comments. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-109. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: GOLDSMITH DENTAL LAB N/A Jesse Goldsmith 2404 S. Seacrest Boulevard Request for conditional use approval for a Dental Laboratory in the C-l, Office/Professional zoning district at 2404 S. Seacrest Boulevard. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A l City Manager's Signature ' ~'~ ~it~ A~omey / Finance / Human Resources SAPIanning~SHARED\WPXPROJECTS\Goldsmith Dental Lab Agenda Request Form July 3, 2001.dot SABULLETI~FORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION :OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Goldsmith & Shenker Dental Lab APPLICANT'S AGENT: Jesse Goldsmith APPLICANT'S ADDRESS: 207 SE 23r~ Avenue, Boynton Beach, Florida 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 3, 2001 TYPE OF RELIEF SOUGHT: Conditional Use Approval for dental laboratory in a C-1 zoning district. LOCATION OF PROPERTY: 2404 S.Seacrest Blvd., Boynton Beach, Florida 33435 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynt~on 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED:. City Clerk j:\SHRDATA, J=ianning\SHARED\WF~,PROJECTS\Goldsmith & Shenker Dental Lab\Develop Order. doc EXHIBIT "C" CONDITIONS ,OF APPROVAl. Project name: Goldsmith & Shenker Dental Laboratory File number: COUS 01-002 Reference: 2ND review plans identified as Conditional Use Site Plan. File # COUS 01-002 with a May 29, 2001 Plannin~ and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT PUBLIC WORKS - General Comments: NONE PUBLIC WORKS - Traffic Comments: NONE UTILITIES Comments: NONE FIRE .. Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: NONE BUILDING DIVISION Comments: 1. At time of permit review, submit signed and sealed working drawings of the proposed construction. PARKS AND RECREATION Comment: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: NONE ~CHXMAIN~ HRDAT Akm, amfing~S HAREI~WP~ROJECTS~Goldsmith.& Shenker Dental LabK?.ondifion~ of appmval.drm TO: FROM: DATE: SUBJECT: DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 01- 109 Chairman and Members Planning and Development Board Lusia Galav, AICP Principal 'Planner June 13, 2001 Goldsmith & Shenker Dental Lab - COUS 01 a002 Conditional Use Approval - Dental Laboratory PROPOSAL SUMMARY Since 1998, the Goldsmith & Shenker Dental Laboratory has been licensed at 207 Southeast 23rd Avenue. The dental laboratory wants to relocate their business to 2404 South Seacrest Boulevard. Contained herein is a description of the subject project. The proposed dental laboratory will be operated out of the existing office building located 2404 South Seacrest Boulevard. The 0.44-acre parcel is generally lo~ated on the southeast comer of South Seacrest Boulevard and Southeast 23~d Avenue. On August 15, 1989, the City Commission approved this lot for medical office building. The applicant now is seeking conditional use approval to allow a dental laboratory. Applicant/Agent: Jesse Goldsmith Project name: Goldsmith & Shenker Dental Laboratory General description: Conditional use / minor site plan modification approval for a dental laboratory. Property size: 19,244 square feet (0.44 acres) Land use: Office (OC) Current Zoning: C-1 Location: Southeast comer of South Seacrest Boulevard and Southeast 23rd Avenue Total Building area: (See Exhibit "B" - Proposed Site Plan) Suite or office area: 1,624 square feet Surrounding land uses/zoning: North - Right-of-way of Southeast 23rd Avenue, farther north vacant property designated Office (OC) ~ land use and zoned Office & Professional Commercial district (C-l); " Goldsmith & Shenker Dental Laboratory - COUS 01-002 Page 2 Memorandum No. PZ 01 - 109 East- Developed professional offices, designated Office (OC) land use and zoned Office & Professional Commercial district (C-l); South - Developed professional offices, designated Office (OC) land use and zoned Office & Professional Commercial district (C-l), further southeast developed single family residence, designated Low Density residential: (LDR) land use and zoned Single Family Residential district (R-l-AA); and West- Right-of-way of South Seacreast Boulevard, farther west developed professional offices, designated Office (OC) land use and zoned Office & Professional Commercial district (C-l). STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section l l.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these'standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City COmmission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited toil_ the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined nece§sary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject property has two points of ingress~egress. The northern access is an existing 27-foot wide opening providing right~left turn in and right~left turn out only onto Southeast 23ra Avenue. The southern access is an existing 35.4-foot wide driveway providing right~left turn in and right~left turn out onto South Seacrest Boulevard. The on-site traffic circulation system for this parcel consists of two (2) existing two-way drive aisles with widths that ftuctuate between 19feet and 28feet. The driveways run along the parcel's east and southern property lines. These two drive aisles provide access to the proposed use and its respective parking areas. The sidewalks are located along. South Seacrest Boulevard and Southeast 23ra Avenue. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Goldsmith & S henker Dental Laboratory - COUS 01-002 Page 3 Memorandum No, PZ 01 - 109 The parking that is required for the site has been tabulated for dental laboratory use. The ratio is based on one (1) space for each 200 square feet of gross floor area. The parking that is required for a dental laboratory does not exceed the parking that was required when the site was originally approved. The total number of parking spaces required and providedequals 19, of which, one (1) space is designated for handicap use.: The handicap space is presently situated in the most appropriate on-site location; closest to the building's front door. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The dumpster enclosure is located at the southeast corner of the site. This site is not required to have a loading zone. The dumpster shares the access aisles. It is located in an area that is unobtrusive to pedestrian and vehicular traffic and is unnoticeable from South Seacrest Boulevard. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies, and city regulations, all utilities, including potable water and sanitary sewer are in place via construction of the original permitted building. o Screening, buffering and landscaping with reference to type, dimensions, and character. With exception of the driveways, a landscape buffer up to 31 .feet in width exists along the ~vest property line (South Seacrest Boulevard) and up to 25 feet in width along the north property line (Southeast 23ra Avenue). These landscape buffers contain clusters of Sabal Palm trees and Silver Buttonwood hedges. The interior and parking areas contain a wide variety of plants, shrubs, and trees, most of which are drought tolerant. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. This conditional use application is proposing no additional signs or lighting. There is an existing monument sign located on the corner of South Seacrest Boulevard and Southeast 23ra Avenue. 7. Required setbacks and other open spaces. The existing building meets.or exceeds all setback requirements required of the C-1 zoning district. 8. General c(~mpatibility with adjacent property and other property in the zoning district. In general, the proposed project is compatible with the existing medical / office use. The Bethesda Hospital is nearby and there are numerous medical offices located within the immediate area. The proposed dental laboratory is located within an area historically characterized by professional and medical offices, comparable to thht of a medical district. There will be minimal on,site impact and no adverse effects will occur from the proposed dental laboratory use. There will be little or no impact to the adjacent properties or to the general area. Goldsmith & Shenker Dental Laboratory - COUS 01-002 Page 4 Memorandum No. PZ. 01 -109 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The existing building was originally designed as a one-story office building. The exterior shape, height, and appearance of the building will not be altered as a result of this conditional use application. The current building height meets code and is compatible with neighboring properties. ~f~e existing building facade, as viewed from SOUth Seacrest Boulevard and Southeast 23ra Avenue, has been designed to be architecturally compatible to this predominately professional and medical office use area. .10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed use will constitute additional convenience and choice for the members of the medical and dental community. It is anticipated that South Seacrest Boulevard will continue to develop, redevelop, and intensify as a professional office and medical district corridor. The proposed dental laboratory would be an appr~pri'ate use for this site. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project will comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and haZardsin accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed dental laboratory use would operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. In particular, the applicant will have to apply for and obtain all necessary approvals and licenses from all applicable governing bodies. RECOMMENDATION Based on the discussions contained herein, compliance with development regulations, and the consistency with the Comprehensive Plan, staff recommends that this request be approved subject to satisfying all conditions of approval as contained in Exhibit "C" LG/elj \\CI-BMAIN~$HRDATA\PlanningXSHARED\WP~PROJECTS\Goldsmifl~ & Shenker Dental Lab\CO[IS staff report, doe LOCATION MAP Goldsmith & Shenker Dental Lab EXHIBIT "A" I PIU :0 ~. L.U~: 5'O NOT I/8 MILES 400.'800 FEET EXHIBIT "B" II!! .tti~!~~ ,.~:, ,~, iii ~ ~,,~ ~'I I Z o :::::::::::::::::::::::::::. _)_m__ z :':':': : :-:'-~:~'--'~ :::::::.:.::..~=o::::: ::i:- _z~ ....... ~o-:-'-- ' 0 ~ l '-':': .'-':':-":':-" !:::':'':' / Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May2,2001 VII-PUBLIC HEARING t'TEM B CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to ,CiW Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 5, 2001 [] June 5,2001 [] June 19,2001 [] July 3, 2001 Date Final Form Must be Turned in to Cit~ Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001(5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 3, 2001 City Commission meeting agenda under Public Hearing. The Planning and Development Board with a unanimous vote of 7-0 recommended that this request be approved. For further details pertaining to this request see the attached Planning and Zoning Memorandum No. 01-114. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Elementary School 97-M Harry Fix Palm Beach County School Board South side of Hypoluxo Road between Congress Avenue and Lawrence Road. ~ Request to annex a +4.0 acre parcel, to reclassify the property from. _~LR-5 (Palm Beach County designation) m Moderate Densit~ Residential (MoDR), and to rezone from' AR . (Palm Beach County district) ' - ' to R-I Single Family Residential (7.26 du/ac).. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Plannin~Z~g Dixe~t& Develop ~ffi'ent DepaJma~e nt- D~"fi ~Tctor J:~SHRDATA~Planning~SHARED\WI~PROJECTS~PALM BEACH COUNTY SCHOOL DISTRICT~97-M LUAR 01-004\CC Aggnda Publk: Hearing 030701.dot DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 01-114 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 11, 2001 Project/Applicant: PROJECT DESCRIPTION School Board of Palm Beach County Elementary School ,97-M Agent: Harry Fix Owner: School District of Palm Beach County Location: South side of Hypoluxo Road approximately ½ mile west of Congress Avenue ' and ½ mile east of Lawrence Road File No: Annexation (ANEX 01-003) Land Use Amendment/Rezoning (LUAR 01-004) Property Description: Vacant property consisting of + 4.0 acres of land located in unincorporated Palm Beach County, classified MR-5 (5.du/ac) and zoned AR. Proposed change/use: To annex the subject property, to reclassify from MR-5 (5 du/ac) to Moderate Density Residential (MoDR), and rezone from AR to R-1 Single Family Residential (7.26 du/ac). Adjacent Land Uses and Zoning: North: Right-of-way of Hypoluxo Road, then developed property (single family residential) classified MR-5 (5 du/ac PUD-Palm Beach County) and zoned Low Density Residential. South: Developed property (Meadows 300 PUD) classified overall as Low Density Residential (4.48 du/ac) and zoned Planned Unit Development (with a land use intensity of 3.38). The portion of the PUD immediately adjacent to the subject property contains multi-family apartments developed at densities ranging from 7.4 to 10.4 du/ac. East: Vacant property classified Moderate Density Residential (MoDR) and zoned PUD (with a land use intensity of 5.0) owned by the Palm Beach County School District and to be assembled with the subject parcel for the development of an elementary school (97-M). Page 2 School Board of Palm Beach County Elementary School 97-M File Numbers: ANEX 01-003 and LUAR 01-004 West: Developed property (Nautica Sound) classified as Low Density Residential (4.48 du/ac) and zoned PUD (with a land use intensity of 4.0). PROJECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city?s Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency w/th other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted first, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. The annexation of this parcel is consistent with policies within the comprehensive plan addressing annexation, and will further the efforts of the city's annexation program through reduction in the number of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and incrementally annexing enclave properties with the intent to reducing them below the 1 O-acre threshold The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, found in the support documents for the 1989 City of Boynton Beach Comprehensive Plan. Sub-section 6.a. of that document recommends that upon annexation, the parcel should be designated Moderate Density Residential in recognition of the high density to the south, but that development should be limited to a maximum of two stories in consideration of the single family development to the west. Policy 1.19.8, of the Land Use Element of the Comprehensive Plan states that "Future public schools shall be a permitted use in the Low Density Residential, Moderate Density Residential, High Density Residential Office/CommerciaL Mixed Use, and Public and Private Governmental/Institutional land use designations." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). Page 3 School Board of Palm Beach County Elementary School 97-M File Numbers: ANEX 01-003 ar~f~ LUAR 01-004 In reality, there will be no impacm to service capacity generated by this site since it will be used by the School Board for stormwater detention. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is additional impacts on infrastructure that have Therefore, staff will not create Plan; will be :he City. they will be ATTACHMENTS J:~ HRDATA'.¢~a:~ailIg~SHARED\WI~PRO JECTS'xPALM BEACH COUNTY SCHOOL DISTRICT~97-M LUAR 0 t-004-~staffreport.doc I LOCATION MAP EXHIBIT "A" .... . ............. ~ ................. . ...... ~,;,. - .......... 5.0 !:3¸i ..:. .... -... I...U !i ~/a MILES : Requested City Commission Meeting Dates [] March 20, 2001 [] April 3; 2001 [] April 17, 2001 [] Mayl, 2001 VII-PUBLIC HEARING ITEM C CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21,2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] MayS, 2001 [] June 5, 2001 [] June 19, 200I [] July 3, 2001 Date Final Form Must be Turned in to Cit~ Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.n~) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Pubhc Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 3, 2001 City Commission meeting agenda under Public Hearing. The Planning and Development Board with a unanimous vote of 7-0 recommended that this request be approved. For further details pertaining to this request see the attached Planning and Zoning Memorandum No. 01-~113. EXPLANATION: Elementary AGENT: OWNER: LOCATION: DESCRIPTION: School 98-1 Angela Usher School Board of Palm Beach County West side of South Congress Avenue, south of Golf Road and adjacent to the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) Request to annex a +18.03 acre parcel, to reclassify the property from MR-5 (Palm Beach County) to Public & Private Governmental/Institutional (PPGI), and to rezone from Agricultural Residential (Palm Beach County zomg distric0 to Public Use (PU) PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning & Zo ' g Dt~e~ Develo~m~ 'Department D~re~tor City Manager's Signature ~iW~ey / Finance / Human Resources S:XPIarming~SHARED\WIV~RO JECTSTt~ALM BEACH COUNTY SCHOOL DISTRICTX98-1 LUAR 01-003\CC AgendaPublicHeming070301 .dot DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 01-113 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 11, 2001 Project/ApPlicant: PROJECT DESCRIPTION School Board of Palm Beach County Elementary School 98-I Agent: Angela Usher Owner: School District of Palm Beach County Location: West side of South Congress Avenue, south of Golf Road and adjacent to the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) File Nb: Annexation (ANEX 01,002) Land Use Amendment/Rezoning (LUAR 01-003) (Large-Scale) Property Description: Vacant property consisting of + 18.03 acres of land located in unincorporated Palm Beach County, classified MR-5 and zoned Agricultural Residential (5 du/ac) Proposed change/use: To annex the subject property, to reclassify from MR-5 (Palm Beach County) to Public & Private Governmental/Institutional (PPGI), and rezone from Agricultural Residential to Public Use (PU). Adjacent Land Uses and Zoning: North: Developed single family residential property (Cranbrook Lake Estates) Classified Low Density Residential (4.84 du/ac) and zoned PUD (Land Use Intensity 3.5). South: Right-of-way of Lake Worth Drainage District Lateral Canal 28 (L-28) then developed congregate living facility (Manor Care) designated Local Retail Commercial and zoned Community Commercial (R-3). To the Southwest, right-of-way of Palmland Drive then developed condominium residential (Palmland Villas) classified High Density Residential (10.8 du/ac) and zoned Multi-family residential (R-3). East: Right-of-way of South Congress Avenue, then developed residential property (Townhouses of Golf View Harbor) classified High Density Residential (10.8 du/ac) and zoned Multi-family Residential (R-3). Page 2 School Board of Palm Beach County Elementary School 98-I File Numbers: ANEX 01-002 and LUAR 01-003 West: Undeveloped property located in unincorporated Palm Beach County classified as MK-5 and zoned Agricultural Kesidential with a maximum PUD density of 5 du/ac. PROJECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. This property is greater than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed land use amendment and rezoning, if approved by the city, will be transmitted to DCA for review and comment. While the annexation can move forward to adoption, the land use amendment and companion rezoning cannot be adopted until reviewed for consistency by the DCA. The annexation of this parcel is consistent with policies within the comprehensive plan dealing with annexation. In addition, the annexation of the subject property will further the efforts of the annexatioa program through reduction in the number or size of enclave properties. Currently, objectives of the :: annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10,acre threshold The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, found in the support documents for the 1989 City Of Bovnton Beach Comprehensive Plan. Sub-section 8.d. of that document recommends that upon annexation, the parcel should be designated Low Density Residential and that development should be limited to a single-family detached dwellings to be compatible with adjacent residential development. Policy 1.19.8, of the Land Use Element of the Comprehensive Plan states that "Future public schools shall be a permitted use in the Low Density Residential, Moderate Density Residential, High Density Residential, Office/Commercial, Mixed Use, and Public and Private Governmental/Institutional land use designations." In connection with previous annexation studies, .departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously coilected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2) Ample service capacity exists to serve adjacent unincorporated properties; and 3) Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). Analysis of the impacts generated by the school on the traffic circulation system will be a part of site p}an review. Page 3 School Board of Palm Beach County Elementary School 98-I File Numbers: ANEX 01-002 and LUAR 01-003 CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request' is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that t that the requested land use map amendment be transmitted to the ! for review. If or required by the City ATTACHMENTS J:~SHRDATA~Planning'~SHARED\WP\PRO JECTSkPALM BEACH COUNTY SCHOOL DISTRICTOS-I LUAR 01-003~taffmpo~do¢ LOCATION MAP EXHIBIT "A" REC' 0 1/8 MILES 400.'800 FEET Reques~l City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] Mayl,2001 VII-PUBLTC HEARTNG TTEM D CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORN Date Final Form Must be Turned in to Cit~ Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May5,2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to Cit~ Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 3, 2001 City Commission meeting agenda under Public Hearing. The Planning and Development Board with a unanimous vote of 7-0 recommended that this request be approved. For further details pertaining to this request, see attached Planning and Zoning Memorandum No. 01-112. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: RGRS, Inc. Richard A. Gesheidt RGRS, Inc. North side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road Request to annex a 0.615 acre parcel, to reclassify the property from Agriculture (Palm Beach County classification) to Local Retail Commercial, and to rezone from High Intensity Commercial (CHS) (Palm Beach County zoning ) to Community Commercial (C-3). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A PI ' g & Zonirfg Director Developm~at I~e~artment Director · ~ity Manager's Signature ~Ci;~t~mey/Finance/Human Resources S:~PIannlng~SHAREDX. WP~PROJECTSkRGRS, InekLUAR\CC AgendaPublicHearing070301.dot DEVELOPMENT DEPARTMENT MEMORANDUM NO: PZ 01-112 TO: Chairman and Members Plarming and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 11,2001 Project/Applicant: PROJECT DESCRIPTION RGRS, Inc Agent: Richard A. Gesheidt Owner: Sanle Location: North side of West Boynton Beach Boulevard between. Winchester Park Boulevard and Knuth Road File No: Annexation (ANEX 01-001) Land Use Amendment/Rezoning (LUAR 01-002) Property Description: Proposed change/use: Vacant property consisting of 0.615 acres of land located in unincorporated Palm Beach County, classified Agricultural and zoned High Intensity Commercial (CH8). To annex the subject property, to reclassify from Agricultural to Local Retail Commercial (LRC), and rezone from High Intensity Commercial (CH8) to Community Commercial (C,3). Adjacent Land Uses and Zoning: North: Lake Worth Drainage District canal L-24 then developed property (Wal-Mart Super Store) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3). South: Right-of-way of West Boynton Beach Boulevard (SR 804) then developed property (Stonehaven PUD) classified as Moderate Density Residential (7.26 du/ac) and zoned Planned Unit Development (with a land use intensity of 4.0). Page 2 RGRS, Inc. File Numbers: ANEX 01-001 and LUAR 01-002 East: West: Developed property (Bedding Barn) classified as Local Retail Commercial (LRC) and zoned Community COmmercial (C-3), then vacant property having the same classification and zoning. Developed property (Paz Plaza strip center) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3). PROJECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, Staff is not required to review the petition against the eight (8) criteria bY which rezonmgs are to be reviewed as indicated in Section 9.C.7, as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with .other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. This commercial property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted ftrst and then forwarded to the DCA for their records ("large-scale" - amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, this annexation is being considered at the request of the property owner. The annexation of this parcel is consistent with the policies within the comprehensive plan addressing annexation. In addition, the annexation of the subject property will further the efforts of the city's annexation program through reduction in the number of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and incrementally annexing enclave properties with the intent to reducing them below the 10-acre threshold. The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, found in the support documents for the 1989 City Of Boynton Beach Comprehensive Plan. Sub-section 7.g. of that document states: "Those parcels along the north side of Boynton Beach Boulevard which lie to the east of Knuth road shouM be annexed and placed in the Local Retail Commercial land use cqtegory and zoned C-3 Community Commercial." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Pohce and Fire/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Performance Standards Ordinance will not be affected by this proposed land use amendment and rezoning as no development of this Page 3- RGRS, Inc. File Numbers: ANEX 01-001 and LUAR 01-002 property is currently planned. Traffic impacts and conformance with the Palm Beach County Traffic Performance Standards Ordinance will be analyzed at site plan approval stage. As indicated herein. ; will not create additional impacts on'infrastructure that have not been anticipated in the Comprehensive Plan; will be overall economic development of the City. will ATTACHMENTS J:\SHRDATA\Planning~SHARED\WI~PROJECTS\RGRS. Inc\LUAR\staff reporl2.doc LOCATION MAP EXHIBIT A :D --f Requested City Cmmnission Meetin~ Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 XI-LEGAL CITY OF BOYNTON BEACH ITEM B.3 AGENDA ITEM REQUEST FOR],_ Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 5, 2001 [] June 5, 2001 [] June 19, 2001 [] JulY 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 3, 2001 City Commission meeting agenda under Legal, Ordinances-First Reading. The Planning and Development Board with a unanimous vote of 7-0 recommended that this request be approved. For further details pertaining to this request see the attached Planning and Zoning Memorandum No. 01-114 EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCAT/ON: DESCRIPTION: Elementary School 97-M Harry Fix Palm Beach County School Board South side of Hypoluxo Road between Congress Avenue and Lawrence Road. Annexation of a +4.0 acre parcel of land to be the site of a new elementary school (97-M).' PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: - N/A m; --i-g. ning Developnien~ De~-trn~nt Director SAPlanning~SHAKED\W-P~ROJECTS~PALM BEACH COUNTY SCHOOL DISTRICT~7-M ANEX 01-003\CC Agenda First Reading030701 .dot ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION Of THE ClTY OF BOYNTON BEACH, FLORIDA, REGARDING ~L BOARD OF ACRE AN UNINCORPORATED CONTIGUOUS TO PALM BEACH COUNTY ANNEXATION, CON~ITLITE UPON OF )N PURSUANT 7 (32) C OF 171.044, AND 171.062(; PROVIDING THE AND SHALL BE ORDINANCES lO BE HEREWITH; PROVIDING. SEVERABIL1TY, CODIFICATION EFFECTIVE DATE; PROVIDING ORDINANCE SHALL BE OF THE CIRCU1-F COURT COUP, FLORIDA, UPON ADOPTION. I, USE THE AND AN THAT THIS !RK 3EACH WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires' the development of an Annexation Program; and WHEREAS, THE SCHOOL BOARD OF PALM BEACH COUNTY, as owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of land consisting of +4,036 acres; and WHEREAS, the City of Boynton Beach hereby exercises its option to ~nnex the following tract of land as hereinafter described, in accordance with , Section 7 (32) Of the Charter of the City and Section 171.044, and 171.062(2),-Florida Statutes.; and WHEREAS, said tract of land lying and being within Palm Beach contiguous to the existing city limits of the City of Boynton Beach, will, upon its annexation, constitute a reasonably compact addition to City territory. NOW, THEREFORE, BE ZT ORDAI'NED BY THE Cl'TY OF THE C'rTY OF BOYNTON BEACH, FLORZDA, THAT: Section 1'. Pursuant to Article I, Section 7 (32) of the Charter of City of Boynton Beach, Florida and Section 171.044, Florida Statutes the g described unincorporated and contiguous tract of land situated and lying and being in the County of Palm Beach, Florida, to wit: The North Half (N. 1/2) of the West Quarter (W.. 1/4) of the North West Quarter (N.W. 1/4) of the North East Quarter (N.E. 1/4) of Section 7, Township 45 South, Range 43 East, Palm Beach County, Florida. Less the North 108 feet thereof. Subject to: easements, restrictions, reservations, road right-of-way of record, if any, and taxes for the year 2000 and thereafter. Containing +4.036 acres more or less. is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be and become part of the City with the same force and effect as though the same had been originally incorporated in the territorial 3oundaries thereof. Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton each, Florida, is hereby amended to reflect the annexation of said tract of land nore particularly described in Section 1 of this Ordinance. Section 3: That by Ordinances adopted simultaneously herewith, the ~roper City zoning designation and Land Use category is being determined as ontemplated in Section ~171.162(2), Florida Statutes. Section 4. All ordinances or parts of ordinances in conflict herewith are ~ereby repealed. Section 5: Should any section or provision of this Ordinance or any ~ortion thereof be declared by a court of competent jurisdiction to be invalid, such' lecision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall not be passed until the same has been Ivertised for two (2) consecutive weeks in a newspaper of general circulation in he City of Boynton Beach, Florida, as required by the City Charter and Section .71.044, Florida Statutes. Section 7. This ordinance shall become effective immediately upon assage. Section 8. Section 9. the Circuit Court of Palm Beach County, Florida. FIRST READYING this day of Specific authority is hereby given to codify this Ordinance. This ordinance, after adoption, shall be filed with the Clerk of ., 2001. , FINAL READING and PASSAGE this day of CiTY OF BOYNTON BEACH, FLORIDA ,2001. Mayor Vice Mayor Commissioner Commissioner Clerk [Corporate Seal) Commissioner ~:ca\Ord~nnexation - School Distdct of PB Cty062501 DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO~ PZ 01-114 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 11, 2001 Proj ect/Applicant: PROJECT DESCRIPTION School Board of Palm Beach County Elementary School 97-M Agent: Harry Fix Owner: School District of Palm Beach County Location: South side of Hypoluxo Road approximately ½ mile west of Congress Avenue and ½ mile east of Lawrence Road File No: Annexation (ANEX 01-003) Land Use Amendment/Rezoning (LUAR 01-004) Property Description: Proposed change/use: Vacant property consisting of + 4.0 acres of land located in unincorporated Palm Beach County, classified A~q-iculmral and zoned Agricultural Residential (5 du/ac) To annex the subject property, to reclassify from Agricultural to Moderate Density Residential (MoDR), and rezone from High Residential (8 du/ac) to R-1 Single Family Residential (7.26 du/ac). Adjacent Land Uses and Zoning: North: Right-of-way of Hypoluxo Road, then developed property (single family residential) classified MR-5 (5 du/ac PUD-Palm Beach County) and zoned Low Density Residential. South: East: Developed property (Meadows 300 PUD) classified overall as Low Density Residential (4.48 du/ac) and zonedPlanned Unit Development (with a land use intensity of 3.38). The portion of the PUD immediately adjacent to the subject property contains multi-family apartments developed at densities ranging from 7.4 to 10.4 du/ac. Vacant property classified Moderate Density Residential (MoDR) and zoned PUD (with a land use intensity of 5.0) owned by the Palm Beach County School District and to be assembled with the subject parcel for the development of an elementary school (97-M). Page 2 School Board of Palm Beach County Elementary School 97-M File Numbers: ANEX 01-003 and LUAR 01-004 West: Developed property (Nautica Sound) classified as Low Density Residential (4.48 du/ac) and zoned PUD (with a land use intensity of 4.0). PROJECT ANALYSIS Pursuant to Section 9.C'.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future l,and Use Map designation for prope~ies to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. / This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan i~. considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, be adz State prope annex and w prope~ acres, thresh The n Probk Comp shouh that d~ deveh Polic3 shall Resid~ desigt In Fire, i opink These ,ill be adopted first, then forwarded to the DCA for their records ("large-scale" amendments cannot )ted until reviewed for consistency by the DCA). mexatiori-law allows the annexation of enclaves that are less than 10 acres without the consent of ty owne~,s; however, in this instance, the annexation is at the request of the property owner. The ation of this parcel is consistent with policies within the comprehensive plan addressing annexation, [11 further the efforts of the city's annexation program through reduction in the number of enclave ~ies. Currently, objectives of the annexation program include annexing all enclaves less than 10 and incrementally annexing enclave properties with the intent to reducing them below the 10-acre old .quested land use and zoning is consistent with the recommendations of Section VIII Land Use ',ms and Opportunities, found in the support documents for the 1989 City of Bo~mton Beach rehensive Plan. Sub-section 6.a. of that document recommends that upon annexation, the parcel be designated Moderate Density Residential in recognition of the high density to the south, but velopment should be limited to a maximum of two stories in consideration of the single family ~pment to the west. 1.19.8, of the Land Use Element of the Comprehenave Plan states that Future pubhc sc ools ,e a permitted use in the Low Density Residential, Moderate Density Residential, High Density ,ntial, Office/Commercial, Mixed Use, and Public and Private Governmental/Institutional land use ~ations." nection with previous annexation studies, departments most affected by annexations (e.g. Police, nd Public Works), have been surveyed for issues related to service capability and costs. All ns previously collected from these departments supported the incremental annexation of enclaves. opinions havebeen based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). Page 3 School Board of Palm Beach County Elementary School 97-M File Numbers: ANEX 01-003 and LUAR 01-004 In reality, there will be no impacts to service capacity generated by this site since it will be used by the School Board for stormwater detention. CONCLUSIONS/RE COMMENDATIONS As indicated herein, this request is consistent with the inten~ will not. create will be compatible with adjacent 1 conomic development of the City. of'approval are t will be included as Exhibit "B". ATTACHMENTS J:',SHRDATA~IanningXS HAP, Y_.D\WI%PRO JECTSXPALM BEACH COUNTY SCHOOL DISTRIC'1597-M LUAR 01-004~staff report, doc LOCATION MAP EXHIBIT "A" i:::1U E3 LUi: ./ LUI=4..O_. ~'i!, .LU! I/8 MILES 400. '800. Requested City Commission Meeting Dates [] March20,2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 XT-LEGAL I'TEM B.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m0 March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 5, 2001 [] June 5, 2001 [] June 19~ 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2,200! (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 3, 2001 City Commission meeting agenda under Legal, Ordinances-First Reading. The Planning and Development Board with a unanimous vote of 7-0 recommended that this request be approved. For further details pertaining to this request see the attached Planning and Zoning Memorandum No. 01-114 EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Elementary School 97-M Harry Fix Palm Beach County School Board South side of Hypoluxo Road between Congress Avenue and Lawrence Road. Land Use Amendment for a +4.0 acre parcel of land to reclassify from.,lq_K'-5 County designation) to Moderate Density Residential (MoDR). PROGRAM IMPACT: N/A ..- .~[palm Beach FISCAL IMPACT: N/A ALTERNATIVES: N/A Plannin~ning Dffe~ Develop'merit De~nent Director /ity Manager's Signature VC'ity ~[tomey / Finance / Human Resources J:~S HRDATA~Plarming~SHARED\WI~ROJECTS~PALM BEACH COUNTY SCHOOL DISTRIC'B97-M LUAR 01.004\CC Age, ada First ReadingO30701.dot ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SOUTH 'CONGRESS AVENUE AND LAWRENCE ROAD OF PROPERTY, TO T CONFLiC S, DATE. FOR WHEREAS, the City Commission of the City of Boynton Beach, Florida has a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Element by Ordinance No. 89-38 in aceordanee with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WItEREAS,. after public hearing and study, the City Commission deems it in the interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, TItEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION OF THE CITY OF BOYNTON BEACII, FLORIDA, TItAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the That the Future Land Use of the following described land shall be designated as MoDR (Moderate Density Residential). Said land is more particularly described as follows: The North Half(N. ½) of the West Quarter (W. ¼) of the North West Quarter (N.W. ¼) of the North East Quarter (N.E. ¼) of Section 7, Township.45 South, Range 43 East, Palm Beach County, Florida. Less the North 108 feet thereof. Subject to: easements, restrictions, reservations, road right-of-way of record, if any, and taxes for the year 2000 and thereafter. Containing +4.036 acres more or less. Section 2: That any maps adopted-in accordance with the Future Land Use Element shall.;: amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this day of ., 2001. SECOND, FINAL READING and PASSAGE this day of ,2001. ATTEST: Clerk :ca~cl~School District 4.026 acres Land Use CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 01-114 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 11, 2001 Project/Applicant: PROJECT DESCRIPTION School Board of Palm Beach County Elementary School 97-M Agent: Harry Fix Owner: School District of Palm Beach County Location: South side of Hypoluxo Road approximately V2 mile west of Congress Avenue and ½ mile eaSt of Lawrence Road File No: Annexation (ANEX 01-003) Land Use Amendment/Rezoning (LUAR 01-004) Property Description: Vacant property consisting of_+ 4.0 acres of land located in umncorporated Palm Beach County, classified Agricultural and zoned Agricultural Residential (5 du/ac) Proposed change/use: To annex the subject property, to reclassify from Agricultural to Moderate Density Residential (MoDR), and rezone from High Residential (8 du/ac) to R-1 Single Family Residential (7.26 du/ac). Adjacent Land Uses and Zoning: North: Right-of-way of Hypoluxo Road, then developed property (single family residential) classified MR-5 (5 du/ac PUD-Palm Beach County) and zoned Low Density Residential. South: Developed property (Meadows 300 PUD) classified overallas Low Density Residential (4.48 du/ac) and zoned Planned Unit Development (with a land use intensity of 3.38). The portion of the PUD immediately adjacent to the subject property contains multi-family apartments developed at densities ranging from 7.4 to 10.4 du/ac. East: Vacant property classified Moderate Density Residential (MoDR) and zoned PUD (with a land use intensity of 5.0) owned by the Palm Beach County School District and to be assembled with the subject parcel for the development of an elementary school (97-M). Page 2 School Board of Palm Beach County Elementary School 97-M File Numbers: ANEX 01-003 and LUAR 01-004 West: Developed property (Nautica Sound) Classified as Low Density Residential (4.48 du/ac) and zoned PUD (with a land use intensity of 4.0). PROJECT ANALYSIS Pursuant to Section 9.C~2(2) of the Land DevelOpment Regulations,. staff is not required to review the petition against the eight (8) criteria by which rezonings are in Section 9.C.7., as this petition is consistent with the city's Ct properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to :"compliance review", by the Florida Department of Community Affairs (DCA). This means that the propose.d, amendme,n,t, if approved by the city, will be adopted first, then forwarded to the DCA for their records ( large-scale amendments canno be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. The annexation of this parcel is consistent with policieS within the comprehensive plan addressing annexation, and will further the efforts of the city's annexation program through reduction in the number of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and incrementally annexing enclave properties with the intent to reducing them below the 10-acre threshold The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Oppommities., found in the support documents for the 1989 City of Boynton Beach Comprehensive Plan. Sub-section 6.a. of that'document recommends that upon annexation, the parcel should be designated Moderate Density Residential in recognition of the high density to the south, but that development should be limited to a maximum of two stories in consideration of the single family development to the west. Policy 1.19.8, ~ofthe Land Use Element of the Comprehensive Plan states that "Future public schools shall be a permitted use in the Low Density Residential, Moderate Density Residential, High Density Residential, Office/Commercial, Mixed Use,. and Public and Private Governmental/Institutional land use designations." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have:been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). Page 3 School Board of Palm Beach County Elementary School 97-M File Numbers: ANEX 01-003 and LUAR 01-004 In reality, there will be no impacts to service capacity generated by this site since it will be used by the School Board for stormwater detention. CONCLUSIONS/RE COMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staffrec0mmends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS J:~SHRDATA~ lannlng~ HARED\WI~PRO JECTS'~PALM BEACH COUNTY SCHOOL DISTRICT~97-M LUAR 01-004\st afl[ r~por t.doc LOCATION MAP EXHIBIT "A" 5,Cl i:::3 U Cl LUI: !::3 I...U ! -- ,t'MELE I/8 MILES 400'800 FEET Requested City Commission Meeting Dates [] March 20, 2001 [] Ap~l 3, 2001 [] ^Fl 17, 2001 [] May 1,2001 XI-LEGAL FIRST READING ITEM B.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00 p.m.) Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office [] May 5, 2001 May 2, 2001 (5:00 p.m.) [] June 5, 2001 May 16, 2001 (5:00p.m.) '[~] June 19, 2001 June 6, 2001 (5:00 p.m.) [] July 3, 2001 June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 3, 2001 City Conanission meeting agenda under Legal, Ordinances-First Reading. The Planning and Development Board with a unan/mous vote of 7-0 recommended that this request be' approved. For further details pertaining to this request see the attached Planning and Zoning Memorandum No. 01-114 EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Elementary School 97-M Harry Fix Palm Beach County School Board South side of Hypoluxo Road between Congress Avenue and Lawrence Road. Rezoning of a +4.0 acre parcel of land from :AR (Palm Beach County distric0 to R-1 Single Family Residential (7.26 du/ac). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning & Zoning Director Development Db ~artm~nt-]~irector City Manager's Signature C~i~~mey / Finance / Human Resources J:~SHRDATA~Planning~S HARED\WP~ROJECTS~ALM BEACH COLrNTY SCHOOL DISTRICTO7-M LUAR 01-00~[\CC Agenda R.EZ Fimt Reading03070 l.dot ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BEACH, FLORIDA, APPLICATION OF THE SCHOOL BOARD OF PALM BEACH COUNTY (A +. 4.036 ACRE. PARCEL LOCATED AT THE SOUTH SIDE OF HYPOLUXO ROAD AVENUE AND AMENDING ORDINANCE 91.70 OF SA~ CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, BEACH COUNTY) TO R-1 FAMILY RESIDENTIAL); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, the SCHOOL BOARD OF PALM BEACH COUNTY, as owner of the property more particularly described hereinafter, has heretofore filed a pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of + 4.036 acres, said land being more particularly described hereinafter, from AR (Palm Beach County) to R-I (Single Family Residential); and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City'to amend the aforesaid Revised Zoning Map as hereinafter forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Florida as set forth as follows: The North Half (N. ½) of the West Quarter (W. ¼) of the North We~t Quarter (N.W. ¼) of the North East Quarter (N.E. ¼) of Section 7, Township 45 South, Range 43 East, Palm Beach County, Florida. Less the North 108 feet thereof. Subject to: easements, restrictions, reservations, road right-of-way of record, if any, and taxes for the year 2000 and thereafter. Containing +4.036 acres more or less. and the same is hereby rezoned from AR (Palm Beach County) to R-1 (Single Family' A location map is attached hereto as Exhibit "A" and made a part of this: y reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended Section 3: All ordinances or parts of ordinances in conflict herewith are hereby Section 4: Should any section or provision of this Ordinance or any portion be declared by a court of competent jurisdiction to be invalid, such decision shall affect the remainder Of this Ordinance. Section 5: Thia~ ordinance shall become effective immediately upon passage. FIRST READING this day of ,2001. ~ECOND, FINAL READING and PASSAGE this dayof ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner City Clerk Seal) Commissioner :ca\OrdXRezoning School Board of PBC -4+ acres DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 01-114 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 11, 2001 Project/Applicant: PROJECT DESCRIPTION School Board of Palm Beach County Elementary School 97-M Agent: Harry Fix Owller: School District of Palm Beach County Location: South side of Hypoluxo Road approximately ½ mile west of Congress Avenue 'and ½ mile east of Lawrence Road File No: Annexation (ANEX 01-003) Land Use Amendment/Rezoning (LUAR 01-004) Property Description: Vacant property consisting of + 4.0 acres of land located in unincorporated Palm Beach County, classified Agricultural and zoned Agricultural Residential (5 du/ac) Proposed change/use:' To annex the subject property, to reclassify from Agricultural to Moderate Density Residential (MoDR), and rezone from High Residential (8 du/ac) to R-1 Single Family Residential (7.26 du/ac). Adjacent Land Uses and Zoning: North: Right-of-way of Hypoluxo Road, then developed property (single family residential) classified MR-5 (5 du/ac PUD-Palm Beach County) and zoned Low Density Residential. South: Developed property (Meadows 300 PUD) classified overall as Low Density Residential (4.48 du/ac) and zoned Planned Unit Development (with a land use intensity of 3.38). The portion of the PUD immediately adjacent to the subject property contains multi-family apartments developed at densities ranging from 7.4 to 10.4 du/ac. East: Vacant property classified Moderate Density Residential (MoDR) and zoned PUD (with a land use intensity of 5.0) owned by the Palm Beach County School District and to be assembled with the subject parcel for the development of an elementary school (97-M). I Page 2 School Board of Palm Beach County Elementary School 97-M File Numbers: ANEX 01-003 and LUAR 01-004 West: Developed property (Nautica Sound) classified as Low Density Residential (4.48 du/ac) and zoned PUD (with a land use intensity of 4.0). PROJECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city' s Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. 'with other relevant portions of the Comprehensive Plan, the city's annexation capability. This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendme,n,t, if approved by the city, will be adopted first, then forwarded to the DCA for their records ("large-scale amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. The annexation of this parcel is consistent with policies within the comprehensive plan addressing annexation, and will further the efforts of the city's annexation program through reduction .in the nUmber of enclave properties. Currently, objectives of the annexation program include, annexing all enclaves less than 10 acres, and incrementally annexing enclave properties with the intent to reducing them below the 10-acre threshold The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, found in the support docUments for the 1989 City of Boynton Beach Comprehensive Plan. Sub-section 6.a. of that document recommends that upon annexation, the parcel should be designated Moderate Density Residential in recognition of the high density to the south, but that development should be limited to a maximum of two stories in consideration of the single family development to the west. Policy 1.19.8, of the Land Use Element of the Comprehensive Plan states that "Future public schools shall be a permitted use in the Low Density Residential, Moderate Density Residential High Density Residential, Office/CommerciaL Mixed Use, and Public and Private Governmental/Institutional land use designations." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). Page 3 School Board of Palm Beach County Elementary School 97-M File Numbers: ANEX 01-003 and LUAR 01-004 In reality, there will be no impacts to service capacity generated by this site since it will be used by the School Board for stormwater detention. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved..If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibk "B". ATTACHMENTS J:~HRDATALPIanning~SHARED\ WP~PRO JECTS~ALM BEACH COUNTY SCHOOL DISTRICTO7-M LUAR 01-004~taff report, doc LOCATION MAP EXHI BIT "A" . !::3 U r"l LUI: LU! ~,/a MILES 0 400'800 FEET Requestexl City Commission Meeting Dates [] March 20, 2001 [] ^pril 3, 2001 [] April 17, 2001 [] Mayl,2001 XI-LEGAL: ITEM B.6 CITY OF BOSTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] May 5, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Coment Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 3, 2001 City Commission meeting agenda under Legal, Ordinances-First Reading. The Planning and Development Board with a unanimous vote of 7-0 recommended that this request be approved. For further details pertaining to this request, see attached Planning and Zoning Memorandum No. 01- 113. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Elementary School 98-I Angela Usher School Board of Palm Beach County West side of South Congress Avenue, south of Golf Road and adjacent to the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) Annexation of a +18.03 acre property which will be the site of a new elementary school. (98-1). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Plannin~ Develol~m~n~ Dep~rtmem Director City Manager's Signature Cit~ttomey / Finance / Human Resources S :~Plmming~SItARED\WP~PROJECTS'~PALM BEACH COUNTY SCHOOL DISTRICTL0g-[ ANEX 01-002xCC Agenda. dot ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION BOARD OF PALM ROAD, WEST OF CONG! ANNEXING A CERTAIN: CITY LIMITS WITH] THAT WILL. UPON REASONABLY COM C~ THE II THE PI AND: THE AN DATE; PROV] THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT PALM BEACH COUNTY, FLORIDA~ W~I£1~£A$, the Comprehensive Plan for the City of Boynton Beach requires the development of an Annexation Program; and Wi~EI~EASt THE SCHOOL BOARD OF PALM BEACH COUNTY, as of the property more particularly described hereinafter, has heretofore tiled a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Bo~'nton Beach, Florida, for the purp~:~;~ of annexing a certain tract of land consisting of 18,03 acres; and WI~EI~EAS, the City of Boynton Beach hereby exercises its option to the following tract of land as hereinafter described, in accordance With , Section 7 (32) of the Charter of the City and Section 171.0~,, and 171.062(2), Florida Statutes; and WHEREAS, said tract of land lying and being within Palm Beach f is contiguous to the 'existing city limits of the City of Boynton 8each, will, upon its annexation, constitute a reasonably compact addition to City territory. NOW, THEREFORE, BE 11' ORDAZNED BY THE CZTY SSZON OF THE CTrY OF BOYNTON BEACH, FLORZDA, THAT: Section 1. Pursuant to Article [, Section 7 (32) of the Charter of City of Boynton Beach, Florida and Section 171.0,~, Florida Statutes the g described unincorporated and contiguous tract of land situated and lying and being in the County of Palm Beach, Florida, to wit: The South one-half (S 1/2) of the Southeast one quarter (SE 1/4) of Section 31, Township 45 South, Range 43 East, less the South 40.92 feet per Lake Worth Drainage District Chancery Case ~07 recorded in Official Records Book 6495, Page 761 for the L-28 Canal right-of-way and the East 60 feet for Congress Avenue, said land lying in Palm Beach County, Florida. Containing approximately 18.03 acres of land. s hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be and become part of the City with the same force and effect though the same had been originally incorporated in the territorial boundaries thereof. Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Florida, is hereby amended to reflect the annexation of said tract of land ~ described in Section 1 of this Ordinance. Secti0n3: That by separate Ordinances~ the proper City zoning nation and Land USe category will be determined as contemplated in Section .71.162(2), Florida Statutes. Section 4. All ordinances or parts o~ ?dinances in conflict herewith are repealed. Section 5: Should any ~section or provision of this Ordinance or any thereof be declared by a court of competent jurisdiction to be invalid, such not affect the remainder of this Ordinance. Section 6: This Ordinance shall not be passed until the same has been for two (2) consecutive weeks in a newspaper of general circulation in City of Boynton ~:~ch, Florida, as required by the City Chartc~r and Section 71.0~, R0dda Statut~j. Section 7. This ordinance shall become effective immediately upon ~:'don 8. Specific authority is hereby given to codify this Ordinance. Section 9. This ordinance, after adoption, shall be filed with the Clerk of Court of Palm Beach County, Florida. FZRST READING this __ day of ,2001. , FINAL READING and PASSAGE this day of Cl'TY OF BOYNTON BEACH, FLOR[DA ,2001. Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) s:ca\Ord~mnexation - School District of PB Cb/062501 DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 01-113 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 11, 2001 Proj ect/Applicant: PROJECT DESCRIPTION School Board of Palm Beach County Elementary School 98-1 Agent: Angela Usher Owner: School District of Palm Beach County Location: West side of South Congress Avenue, south of Golf Road and adjacent to the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) File No: Annexation (ANEX 01-002) Land Use Amendment/Rezoning (LUAR 01-003) (Large-Scale) Property Description: Proposed change/use: Vacant property consisting of + 18.03 acres of land located in unincorporated Palm Beach County, classified MR-5 and zoned Agricultural Residential (5 du/ac) To annex the subject property, to reclassify from MR-5 (Palm Beach County) to Public & Private GovemmentaVInstitutional (PPGI), and rezone frOm Agricultural Residential to Public Use (PU). Adjacent Land Uses and Zoning: North: Developed single family residential property (Cranbrook Lake Estates) classified Low Density Residential (4.84 du/ac) and zoned PUD (Land Use Intensity 3.5). South: Right-of-way of Lake Worth Drainage District Lateral Canal 28 (L-28) then developed congregate living facility (Manor Care) designated Local Retail Commercial and zoned Community Commercial (R-3). To the Southwest, right-of-way of Palmland Drive then developed condominium residential (Palmland Villas) classified High Density Residential (10.8 du/ac) and zoned Multi-family residential (R-3). East: Right-of-way of South Congress Avenue, then developed residential property (Townhouses of Golf View Harbor) classified High Density Residential (10.8 du/ac) and zoned Multi-family Residential (R-3). Page 2 School Board of Palm Beach County Elementary School 98-1 File Numbers: ANEX 01-002 and LUAR 01-003 West: Undeveloped property located in unincorporated Palm Beach County classified as MR-5 and zoned Agricultural Residential with a maximum PUD density of 5 du/ac. PROJECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this peti.'tion is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. This property is greater than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed land use amendment and rezoning, if approved by the city, will be transmitted to DCA for review and comment. While the annexation can move forward to adoption, the land use amendment and companion rezoning cannot be adopted until reviewed for consistency by the DCA. The annexation of this parcel is consistent with policies within the comprehensive plan dealing with annexation. In addition, the annexation of the subject property will further the efforts of the annexation program through reduction in the number or size of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10-acre threshold The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, found in the support documents for the 1989 City Of Boynton Beach Comprehensive Plan. S/tb-section 8.d. of that document recommends that upon annexation, the parcel should be designated Low Density Residential and that development should be limited to a single-family detached dwellings to be compatible with adjacent residential development. Pohcy 1.19.8, of the Land Use Element of the Comprehensive Plan states that "Future public schools shall be a permitted use in the Low Density Residential, Moderate Density Residential, High Density Residential Office/Commercial, Mixed Use, and Public and Private Governmental/Institutional land use designations." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these deparm~ents supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). Analysis of the impacts generated by the school on the traffic circulation system will be a part of site plan review. Page 3 School Board of Palm Beach County Elementary School 98-I File Numbers: ANEX 01-002 and LUAR 01-003 CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated, in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the that the requested land use map amendment be transmitted to the for review. If City ATTACHMENTS ,[:'~S HRDATA~Planning~SHARED~WP~RO JECTS~PALM BEACH COUNTY SCHOOL DISTRICTY98-I LUAR 01-003'~staffrepo~.doc LOCATION MAP SIT _'.--' '_~ ff .: EXHIBIT "A" t18 MILES Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] Mayl,2001 XT-LEGAL B. 7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00p.rm) Requested City Comrmssion Meeting Dates [] May 5, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 3, 2001 City Commission meeting agenda under Legal, Ordinances-First Reading. The Planning and Development Board with a unanimous vote of 7-0 recommended that this request be approved. For further details pertaining to this request see attached Planning and Zoning Memorandum No. 01-113 EXPLANATION: PROJECT NAME.' AGENT: OWNER: LOCATION: DESCRIPTION: Elementary School 98-1 Angela Usher School Board of Palm Beach County West side of South Congress Avenue, south of Golf Road and adjacent to the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) Land Use Amendment for a +18.03 acre property for construction of a new elementary school, to reclassify from MR-5 (Palm Beach County) to Public & Private GovemmentaVImtimtional (PPGI). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning.~pg Diretct/or Development D ep a~r~e~at-Dir e ctor ~omey / Finance / Human Resources S:kPlannSngXSHARED\WPkPROJECTS~PALM BEACH COUNTY SCHOOL DISTRICTO8-I LUAR 01-003\CC Agenda LUA First Reading 030701.dot ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY GOLF ROAD, WEST OF (SCHOOL AMENDING' THE ~ ADOPTING ~ LOCATED SOUTH OF CONGRESS AVENUE ,~ITY BY USE ELEMENT OF · BY BEING CHANGED: FROM MR-5 (PALM BEACH COUNTY) TO PPGI PUBLIC ~ PRIVATE (CITY); AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the ~est interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE.CITY COMMISSION OF I'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as PPGI Public and Private Governmental/Institution (City). Said land is more particularly described as follows: The South one-half (S 1/2) of the Southeast one quarter (SE 1/4) of Section 31, Township 45 South,. Range 43 East, less the South 40.92 feet per Lake Worth Drainage District Chancery Case 407 recorded in' Official Records Book 6495, Page 761 for the L-28 Canal right-of-way and the East 60 feet for Congress Avenue, said land lying in Palm Beach County, Florida. Containing approximately 18.03 acres of land. Section 2: That any maps adopted in accordance with the Future Land Use Element shall ~e amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or.any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: The effective date of this ordinance shall be the date a final order is ~sued by the Department of Community Affairs finding this amendment to be in compliance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding this amendment to be in compliance in accordance with Chapter 163.3184, F.S. The notice of compliance becomes a final order 21 days following the issuance of the notice of compliance if during the 21-day period no petitions are filed challenging the amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "A" and made a part of this Ordinance by reference. FIKST READING this day of SECOND, FINAL READING and PASSAGE this ,2001. day of ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner kTTEST: Commissioner City Clerk (Corporate Seal) s:cakordkSchool Disuict 4.026 acres/.and Use DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 01-113 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 11, 2001 Project/Applicant: PROJECT DESCRIPTION School Board of Palm Beach County Elementary School 98-1 Agent: Angela Usher Owner: School District of Palm Beach County Location: West side of South Congress Avenue, south of Golf Road and adjacent to the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) File No: Annexation (AN-EX 01-002) Land Use AmendmentYRezoning (LUAR 01-003) (Large-Scale) Property Description: Vacant property consisting of + 18.03 acres of land located in unincorporated Palm Beach County, classified MR-5 and zoned Agricultural Residential (5 du/ac) Proposed change/use: To annex the subject property, to reclassify from MR-5 (Palm Beach County) to Public & Private Governmental/Institutional (PPGI), and rezone from Agricultural Residential to Public Use (PU). Adjacent North: Land Uses and Zoning: Developed single family residential property (Cranbrook Lake Estates) classified Low Density Residential (4.84 du/ac) and zoned PUD (Land Use Intensity 3.5). South: Right-of-way of Lake Worth Drainage District Lateral Canal 28 (L-28) then developed congregate living facihty (Manor Care) designated Local Retail Commercial and zoned Community Commercial (R-3). To the Southwest, right-of-way of Palmland Drive then developed condominium residential (Palmland Villas) classified High Density Residential (10.8 du/ac) and zoned Multi-family residential (R-3). East: Right-of-way of South Congress Avenue, then developed residential property (Townhouses of Golf View Harbor) classified High Density Residential (10.8 du/ac) and zoned Multi-family Residential (R-3). Page 2 School Board of Palm Beach County Elementary School 98-I File Numbers: ANEX 01-002 and LUAR 01-003 West: Undeveloped property located in unincorporated Palm Beach County classified as MR-5 and zoned Agricultural Residential with a maximum PUD density of 5 du/ac. PROJECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezoning~ Section 9.C.7., as this petition is consistent with the city's Comprehensive properties to be annexed within this vicinity. Instead, with other relevant portions of the Comprehensive Plan, This property is greater than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed land if approved by the city, will be transmitted to DCA for review and comment. While move forward to adoption, the land use amendment and compamon rezoning cannot until reviewed for consistency by the DCA. The annexation of this parcel is consistent with policies within the comprehensive plan dealing with annexation. In addition, the annexation of the subject property will further the efforts of the annexation program through reduction in the number or size of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10-acre threshold The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Oppommities, found in the support documents for the 1989 City Of Bo~rnton Beach Comprehensive Plan. S0b-section 8.d. of that document recommends that upon annexation, the parcel should be designated Low Density Residential and that development should be limited to a single-family detached dwellings to be compatible with adjacent residential development. Policy 1.19.8, of the Land Use Element of the Comprehensive Plan states that "Future public schools shall be a permitted use in the Low Density Residential, Moderate Density Residential, High Density Residential, Office/Commercial, Mixed Use, and Public and Private Governmental/Institutional land use designations." In connection with previous annexation studies, depmhnents most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected fi:om these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serVe adjacent unincorporated properties; and Most enclaves currently receive service fi:om the city via the mutual aid agreement (Police and Fire/EMS only). Analysis of the impacts generated by the school on the traffic circulation system will be a part of site plan review. Page 3 School Board of Palm Beach County Elementary School 98-I File Numbers: ANEX 01-002 and LUAR 01-003 CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the COmprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved and that the requested land use map amendment be transmitted to the Florida Department of Community Development for review. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B". A~ACHME~S I:~S HRDATA~Ianning~S HARED\ WI}~PRO JECTS\PALM BEACH COUNTY SCHOOL DISTRICTY98-I LUAR 01-003~staff rq~ort.do~ LOCATION MAP EXHIBIT "A" ? 0 F:iE C' '~/8 MILES 400.'eO0 ffE[¥ Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 CITY OFf BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00p.n'L) April 4, 2001 (5:00p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 5, 2001 : ['-'] June 5, 2001 [] June 19, 2001 [] July 3, 2001 XI-LEGAL B. 8 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOM34~ENDATION: Please place the request below on the July 3, 2001 City Commission meeting agenda under Legal, Ordinances-First Reading. The Planning and Development Board with a unanimous vote of 7-0 recommended that this request be approved. For further details pertaining to this request see attached Planning and Zoning Memorandum No. 01-113 EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Elementary School 98-1 Angela Usher School Board of Palm Beach County West side of South Congress AvenUe, south of Golf Road and adjacent to the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) Rezoning of a +I 8.03 acre property from Agricultural Residential.(Palm Beach County zoning district) to Public Use (PU) PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning & Zoning Dfre~tor Develop ent~De ~~ector City Manager's Signature ~'-' City~/rney / Finance / Human Resources SSPIanningXSHARED\WP~PROJECTS~PALM BEACH COUNTY SCHOOL DISTRICT~98-I LUAR 01-003\CC Agenda REZ First Reading 03070 l.dot ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF THE SCHOOL BOARD OF PALM BEACH COUNTY (A 18.03 ACRE PARCEL LOCATED AT THE SOUTH SIDE OF GOLF ROAD, WEST OF AMENDING ORDINANCE CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR 0~ALM BEACH COUNTY) TO PU PUBLIC USE (CITY); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has ~dopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, the School Board of Palm Beach County, as owner of the ~roperty more particularly described hereinafter, has heretofore filed a Petition, to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Florida, for the purpose of rezoning a certain tract of land consisting 18.03 acres, said land being more particularly described hereinafter, from AR Beach County) to PU Public Use (City); and WFIEREAS, the City Commission deems it in the best interests of the said City to amend the aforesaid Revised Zoning Map as hereinafter forth. NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: The South one-half (S 1/2) of the Southeast one quarter (SE 1/4) of Section 31, Township 45 South, Range 43 East, less the .South 40.92 feet per Lake Worth Drainage District Chancery Case 407 recorded in Official Records Book 6495, Page 761 for the L-28 Canal right-of-way and the East 60 feet for Congress Avenue, said land lying in Palm Beach County, Florida. Containing approximately 18.03 acres of land. e and the same is hereby rezoned from AR (Palm Beach County) to PU Public Use City). A location map is attached hereto as Exhibit "A" and made a part of this )rdinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended :cordingly: Section 3: All ordinances or parts of ordinances in conflict herewith are hereby epealed. Section 4: Should any section or provision of this Ordinance or any portion ~ereof be declared by a court of competent jurisdiction to be invalid, such decision shall tot affect the remainder of this Ordinance. Section 5: The effective date of this Ordinance shall be the date .a final order is issued by the Department of'Community Affairs finding this amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding this amendment to be in compliance in accordance with Chapter 163.3184, F.S. The notice of compliance becomes a final order 21 days following the issuance of the notice of compliance if during the'21-day period no petitions are filed challenging the amendment. Once issued, the Notice of Intent shalI be attached hereto' as Exhibit "A" and made a part of this Ordinance. FIRST READING this day of SECOND, FINAL READING and PASSAGE this 2001. day of ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca\~n8 School ~ 18.03 acres DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 01-113 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 11, 2001 Project/Applicant: PROJECT DESCRIPTION School Board of Palm Beach County Elementary School 98-1 Angela Usher OwneF~ SChool District of Palm Beach County Location: West side of South Congress Avenue, south of Golf Road and adjacent to the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28) File No: Annexation (ANEX 01-002) Land Use AmendmentfRezoning (LUAR 01-003) (Large-Scale) Property Description: Vacant property consisting of + 18.03 acres of land located in unincorporated Palm Beach County, classified MR-5 and zoned Agricultural Residential (5 du/ac) Proposed change/use: To annex the subject property, to reclassify from MR-5 (Palm Beach County) to Public & Private Governmental/Institutional (PPGI), and rezone from Agricultural Residential to Public Use (PU). Adjacent Land Uses and Zoning: North: Developed single family residential property (Cranbrook Lake Estates) classified Low Density Residential (4.84 du/ac) and zoned PUD (Land Use Intensity 3.5). South: Right-of-way of Lake Worth Drainage District Lateral Canal 28 (L-28) then developed congregate living facility (Manor Care) designated Local Retail Commercial and zoned Community Commercial (R-3). To the Southwest, right-of-way of Palmland Drive then developed condominium residential (Palmland Villas) classified High Density Residential (10.8 du/ac) and zoned Multi-family residential (R-3). East: Right-of-way of South Congress Avenue, then developed residential property (Townhouses of Golf View Harbor) classified High Density Residential (10.8 du/ac) and zoned Multi-family Residential (R-3). Page 2 School Board of Palm Beach County Elementary School 98-I File Numbers: ANEX 01-002 and LUAR 01-003 West: Undeveloped property located in unincorporated Palm Beach County classified as MR-5 and zoned Agricultural Residential with a maximum PUD density of 5 du/ac. PROJECT AN~YSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by ..w,_hich rezonings ~e to be revieWed as indicated in Section 9.C,7., as this petition is consistent with the City s comPrehel~ive Plan Future Land Use Map designation for properties to be annexed within this vicinity. Instead, relevant portions of the Comprehensive Plan, the city's and service capability. This property is greater than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is subject to "compliance review" by the Florida Department of CommUnity Affairs (DCA). This means that the proposed land use amendment and rezoning, if approved bY the city, will be transmitted to DCA for review and comment. While the annexatiOn can move forward to adoption, the. land use amendment and companion rezoning cannot be adopted until reviewed for consistency by the DCA. The annexation of this parcel is consistent with policies within the comprehensive plan dealing with annexation. In addition, the annexation of the subject property will further the efforts of the annexation program through reduction in the number or size of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10-acre threshold The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, found in the support documents for the 1989 City Of Boynton Beach Comprehensive Plan. Sub-section 8.d. of that document recommends that upon annexation, the parcel should be designated Low Density Residential and that development should be limited to a single-family detached dwellings to be compatible with adjacent residential development. Policy 1.19.8, of the Land Use Element of the Comprehensive Plan states that "Future public schools shall be a permitted use in the Low Density Residential, Moderate Density Residential, High Density Residential, Office/Commercial, Mixed Use, and Public and Private Governmental/Institutional land use designations." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opimons have been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). Analysis of the impacts generated by the school on the traffic circulation system will be a part of site plan review. Page 3 School Board of Palm Beach County Elementary School 98-I File Numbers: ANEX 01-002 and LUAR 01-003 CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request-is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved and that the requested land use map amendment be transmitted to the Florida Department of Community Development for review. If conditions of approval are :recommended by the Planning and Development Board or required by the City Commission, :they will be included as EXhibit "B". A~ACI-IM~S J:XSHRDATA~PlanningkSHARED\W~PROJECTS~PALM BEACH COUNTY SCHOOL DISTRIC'B98-I LUAR 01-003Xstaff report.doc LOCATION MAP EXHIBIT "A" SIT REC' 'i / 0 1/8 MILES 400'800 FEE_T Pz..%/,,//VI/',/6 Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 XI-LEGAL B.9 CITY OF BoYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] MayS, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's RePort RECOMMENDATION: Please place the request below on ~the July 3, 2001 City Commission meeting agenda under Legal, Ordinances-First Reading. The Planning and Development Board with a unanimous vote of 7-0 recommended that this request be approved. For further details pertaining to this request, see attached Planning and Zoning Memorandum No. 01- 112. EXPLANATION: PROJECT NAME: AGENT: oWNER: LOCATION: DESCRIPTION: RGRS, Inc. Richard A. Gesheidt RGRS, Inc. North side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road Annexation of a 0.615 acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ' Pla~.ing & Z. onin~'l~lrector Devel~~artment D~rector _~~City Manager's Signature S:~IanningkSHARED\WP~PROJECTSXRGRS, Inc'u~tNNEX~CC Age, ndaFi~tReading.dot ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SIDE OF Wi WEST 3 A CERTAIN UN] THAT IS CO C~. UMITS D THAT WILL, UPON 171,044, AND 17'. PROVIDING THE DESIGNATION AND If OF THE SEVERABI~, AND AN EFFEC~E THAT THIS ORDINANCE THE CLERK OF THE CIRCUIT PALM BEACH COUNTY, FLORIDA, N. WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the development of an Annexation Program; .and WHEREA$~ R.G.R.S., Inc., as owner of the property more particularly described hereinafter, has heretofore filed a PeUUon, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of land consisting of .615 acres; and WHEREAS, the City of Boynton Beach hereby exercises its option to ~nnex the following tract of land as hereinalter described, in accordance with Article I, Section 7 (32) of the Charter of the City and Section 171.044, and L71.062(2),'Florida Statutes; and WHEREAS, said tract of land lying and being within Palm Beach County is contiguous to the existing city limits of the City of Boynton Beach, and will, upon its annexation, constitute a reasonably compact addition to He City territory. NOW, THEREFORE, BE 11' ORDAINED BY THE CI"i'Y COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Pursuant to Article I, Section 7 (32) of the Charter of the City of Boynton Beach, FlOrida and Section 1_71.044, Florida Statutes the following described unincorporated and contiguous tract of land situated and lying and being in the County of Palm Beach, Florida, to wit: That portion of Tra~ Company Plat No. 8, 17 way of State Road S- thereof on file in the Circuit Court in and Florida, as recorded in the Easterly 1_50 fee Worth Drainage Distri way. 6, Palm Beach Farms ~g North of North right-of- 104, according to the Plat ::)ffice of the Clerk of the for Palm Beach County, ~iat Book 5, Page 73; Less thereof, and Less Lake Lateral No. 24 right-of- Containing approximately .615 acres of land. is hereby annexed to the City of Boynton Beach, Florida, and such land so ~nnexed shall be and become part o, fli the City with the same force and effect ~s though the same had been Originally ~ncorporated ~n the terntonal ooundafies thereof. Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton each, Florida, is hereby amended to reflect the annexation of said tract of land nore particularly described in Section l of this Ordinance. Section 3: That by Ordinances adopted simultaneously herewith, the }roper City zoning designation and Land Use category is being determined as :ontemplated in Section 171.162(2), Florida Statutes. Section 4. All ordinances or parts of ordinances in conflict herewith are ereby repealed. Section 5: Should any section or provision of this Ordinance or any )ortion thereof be declared by a court of competent jurisdiction to be invalid, such ecision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall not be passed until the same has been dvertisecl for two (2) consecutive weeks in a newspaper of general circulation in :he City of Boynton Beach, Flodda, as required by the City Charter and Section L7:[.044, Florida Statutes. Section 7. This ordinance shall become effective immediately upon ~assage. Section 8. Section 9. the Circuit Court of Palm Beach County, Florida. FIRST READING this __ day of Specific authority is hereby given to codify this Ordinance. This ordinance,_ after adoption, shall be filed with the Clerk of ,2001. SECOND, FINAL READING and PASSAGE this day of cTrY OF BOYNTON BEACH, FLORIDA Hayor Vice Mayor Commissioner Commissioner Commissioner City Clerk Corporate Seal) :ca\Ord~nnexation - R.G.P..S. Inc 062601 ,2001. DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-112 TO: FROM: THROUGH: DATE: Chairman and Members Planning and Development Board Dick Hudson, Senior Planner Michael W. Rumpf Director of Planning and Zoning June 11, 2001 Project/Applicant: Agent: Owner: Location: File No: Property Description: Proposed change/use: PROJECT DESCRIPTION RGRS, Inc Richard A. Gesheidt 'Same North side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road Annexation (ANEX 01-001) Land Use Amendment/Rezoning (LUAR 01-002) Vacant property consisting' of 0.615 acres of land located in unincorporated Palm Beach County, classified Agricultural and zoned High Intensity Commercial (CHS). To annex the subject property, to reclassify from Agricultural to Local Retail Commercial (LRC), and rezone from Agricultural to Community Commercial (C-3). Adjacent Land Uses and Zoning: North: Lake Worth Drainage District canal L-24 then developed property (Wal-Mart Super Store) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3). Right-of-way of West Boynton Beach Boulevard (SR 804) then developed property (Stonehaven PUD) classified as Moderate Density Residential (7.26 du/ac) and zoned Planned Unit Development (with a land use intensity of 4.0). South: Page 2 RGRS, Inc. File Numbers: ANEX 01-001 and LUAR 01-002 East: West: Developed property (Bedding Barn) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3), then vacant property having the same classification and zoning. Developed property (Paz Plaza strip center) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3). PROJECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. This commercial property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted first and then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of. property owners; however, this annexation is being considered at the request of the property owner. The annexation of this parcel is consistent with the policies within the comprehensive plan addressing annexation. In addition, the annexation of the subject property will further the efforts of the city's annexation program through reduction in the number of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and incrementally annexing enclave properties with the intent to reducing them below the 10-acre threshold. The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, found in the support documents for the 1989 City Of Boynton Beach comPrehensive Plan. Sub-section 7.g. of that document states: "Those parcels along the north side of Boynton Beach Boulevard which lie to the east of Knuth road should be annexed and placed in the Local Retail Commercial land use category and zoned C-3 Community Commercial." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The.enclaves are ail immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Performance Standards Ordinance will not be affected by.this proposed land use amendment and rezoning as no development of this Page 3 RGR$, Inc. File Numbers: ANEX 01-001 and LUAR 01-002 property is currently planned. Traffic impacts and conformance with the Palm Beach County Traffic Performance Standards Ordinance will be analyzed at site plan approval stage. As indicated herein, this request is consistent additional impacts on infrastructure that have compatible with adjacent land uses and Therefore, recommended will not create will be .~ City. are ' will ATTACHMENTS I:\SHRDATA\Planning\SHARED\WP\PROJECTS\RGRS- lnc\LUAR\staff report2.doc LOCATION MAP EXHIBIT A : / Requested City Commission Meeting Dates [] March 20, 2001 [] .April 3, 2001 [] April 17, 2001 [] Mayl,2001 XI-LEGAL B. IO CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00p.m.) April 18, 2001 (5:00p.m.) Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office [] May 5, 200l May 2, 2001 (5:00 p.m.) [] June 5, 2001 May 16, 2001 (5:00 p.m.) [] June 19, 2001 June 6, 2001 (5:00 p.m.) [] July 3,200l June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 3, 2001 City Commission meeting agenda under Legal, Ordinances-First Reading. The Planning and Development Board with a unaniinons vote of 7-0 recommended that this request be approved. For further details pertaining to this request, see attached Planning and Zoning Memorandum No. 01-112. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: RGRS, Inc. Richard A. Gesheidt RGRS, Inc. North side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road Land Use Amendment for a 0.615 acre parcel from Agriculture (Palm Beach County classification) to Local Retail Commercial. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning & Zoning l~ir~ctor City Manager's Signature City Attorney / Finance / Human Resources S:~Planning~SHARED\WI~ROJECTS~RGRS, IncXLUAR\CC AgemtaLU First Reading.dot ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED ON THE NORTH SIDE OF WEST BOSTON BEACH BOULEVARD. WEST .~S., INC.); CITY BY AMENDING USE ELEMENT OF ;. PLAN OF THE CITY BY DESCRIBED DESIGNATION IS BEING CHANGED FROM AGRICULTURAL (COUNTY) TO LOCAL RETAIL COMMERCIAL (CIT~; FOR CONFLICTS, SEVERABILITY 'EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has .dopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, af[er public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NO'W, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF FHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the bllowing: That the Future Land Use of the following described land shall be designated as Commercial. Said land is more particularly described as follows: That portion of Tract 6, Palm Beach Farms Company Plat No. 8, lying North of North right-of-way of State Road S-804, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 5, Page 73; Less the Easterly i50 feet thereof, and Less Lake Worth Drainage District Lateral No. 24 right-of-way. Containing approximately .615 acres of land. Section 2: That any maps adopted in accordance with the Future Land Use Element shall amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof by a court of competent jurisdiction to be invalid, such decision shall not affect remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless If challenged, it becomes effective upon the issuance of a final order finding it diance. FIRST READING this day of , 2001. SECOND, FINAL READING and PASSAGE this day of ,2001. CITY OF BOYNTON BEACH, FLOR.IDA ATTEST: City Clerk (Corporate Seal) $:cak)rdLR. G.R.S. - land use Mayor Vice Mayor Commissioner Commissioner Commissioner DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-112 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 11,2001 Project/Applicant: PROJECT DESCRIPTION RGRS, Inc Agent: Richard A. Gesheidt Owner: Same Location: North side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road File No: Annexation (ANEX 01-001) Land Use Amendment/Rezoning (LUAR 01-002) Property Description: Vacant property consisting of 0.615 acres of land located in unincorporated Palm Beach County, classified Agricultural. and zoned High Intensity Commercial (CH8). Proposed change/use: To annex the subject property, to reclassify from Agricultural to Local Retail Commercial (LRC), and rezone from Agricultural to Community Commercial (C-3). Adjacent Land Uses and Zoning: North: Lake Worth Drainage District canal L-24 then developed property (Wal-Mart Super Store) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3). South: Right-of-way of West Boynton Beach Boulevard (SR 804) then developed property (Stonehaven PUD) classified as Moderate Density Residential (7.26 du/ac) and zoned Planned Unit Development (with a land use intensity of 4.0). Page 2 RGRS, Inc. File Numbers: ANEX 01-001 and LUAR 01-002 East: West: Developed property (Bedding Barn) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3), then vacant property having the same classification and zoning. Developed property (Paz Plaza strip center) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3). PROJECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent w/th the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. This commercial property is less than t0 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted first and then forwarded to the DCA for their records ' ("large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, this annexation is being considered atthe request of the property owner. The annexation of this parcel is consistent with the policies within the comprehensive plan addressing annexation. In addition, the annexation of the subject property will further the efforts of the city's annexation program through reduction in the number of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and incrementally annexing enclave properties with the intent to reducing them below the 10-acre threshold. The requested land use and zoning ~s consistent with the recommendations of Section VIII Land Use Problems and Opportunities, found in the support documents for the 1989 City Of Boynton Beach Comprehensive Plan. Sub-section 7.g. of that document states: "Those parcels along the north side of Boynton Beach Boulevard which lie to the east of Knuth road should be annexed and placed in the Local Retail Commercial land use category and zoned C-3 Community.Commercial." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police andFire/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Performance Standards Ordinance will not be affected by this proposed land use amendment and rezoning as no development of this Page 3 RGRS, Inc. File Numbers: ANEX 01-001 and LUAR 01-002 property is currently planned. Traffic impacts and conformance with the Palm Beach County Traffic Performance Standards Ordinance will be analyzed at site plan approval stage. CONCLUSIONS/RECOMMENDATIONS As indicated herein, th!s request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will 'be included as Exhibit "B". ATTACHMEN':rs J:\SHRDATA\Planning\SHARED\WI~PROSECTS\RGR.S, Inc\LUAR\slaff report2.doc LOCATION MAP '~'co EXHIBIT A o _.? Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17. 2001 [] May 1,2001 CITY OF BOYNTO1N BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00p.m.) Requested City Commission Meeting Dates [] May 5, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 XT-LEGAL FIRST READING ITEM B.11 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Pubhc Hearing [] Legal [] Bids [] UnfiaishedBusiness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place the request below on the July 3, 2001 City Commission meeting agenda under Legal, Ordinances-FirSt Reading. The Planning and Development Board with a unanimous vote of 7-0 recommended that this request be approved. For further details pertaining to this request, see attached Planning and Zoning Memorandum No. 01-t12. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: RGRS, Inc. Richard A. Gesheidt RGRS, Inc. North side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road Rezoning of a 0.615 acre parcel from High Intensity Commercial (CH8) (Palm Beach County zoning ) to Community Commercial (C-3). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning & Zoning I~if~tor DevelopmL-~ ]~gep~'l~nt Director S:XPIanningXSHARED\WP~PROJECTShR. GRS, Inc'~LUAR\CC AgendaREZ First Reading.dot ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION: OF THE R.G.R.S.. (A BOYNTON BEACH BO~EVARD, WEST OF CONGRESS AVENUE); AMENDING ORDINANCE 91-70 OE'S~ CITY BY MORE HEREIN, FROM HIGH INTENS~Y DATE. WItEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, the R.G.R.S., INC., as owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of .615 acres, said land being more particularly described hereinafter, from High Intensity Commercial County) to C-3 COmmunity Commercial (City); and WItEREAS, the City Commission deems it in the best interests of the of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY ~ ~ OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Florida as set forth as follows: That portion of Tract 6, Palm Beach Farms Company Plat No. 8, lying North of North right-of- way of State Road S-804, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recordecFin Plat Book 5, Page 73; Less the Easterly 150 feet thereof, and Less Lake Worth Drainage District Lateral No. 24 right-of- way. Containing approximately .615 acres of land. and the same is hereby rezoned from High Intensity Residential (Palm Beach County) C-3 Community Commercial (City) A location map is attached hereto as Exhibit "A" made a part of this Ordinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended Section 3: All ordinances or parts of ordinances in conflict herewith are hereby Section 4: Should any section or provision of this Ordinance or any portion declared by a court of competent jurisdiction to be invalid, such decision shall affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. READING this day of ., 2001. SECOND, FINAL READING and PASSAGE this day of ,2001, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) ~:ea\Ord'~Rezoning R.G.R.S..615 acres DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-112 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 11,2001 Project/Applicant: PROJECT DESCRIPTION RGRS, Inc Agent: Richard A. Gesheidt Owner: Same Location: North side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road File No: Annexation (ANEX 01-001) Land Use Amendment/Rezoning (LUAR 01-002) Property Description: Vacant property consisting of 0.615 acres of land located in unincorporated Palm Beach County, classified Agricultural and zoned High Intensity Commercial (CH8). Proposed change/use: To annex the subject property, to reclassify from Agricultural to Local Retail Commercial (LRC), and rezone from Agricultural to Community Commercial (C-3). Adjacent Land Uses and Zoning: North: Lake Worth Drainage District canal L-24 then developed property (Wal-Mart Super Store) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3). South: Right-of-way of West Boynton Beach Boulevard (SR 804) then developed property (Stonehaven PUD) classified as Moderate Density Residential (7.26 du/ac) and zoned Planned Unit Development (with a land use intensity of 4.0). Page 2 RGRS, Inc. File Numbers: ANEX 01-001 and LUAR 01-002 .East: West: Developed property (Bedding Barn) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3), then vacant property having the same classification and zoning. Developed property (Paz Plaza strip center) classified as Local Retail Commercial (LRC) and zoned Community Commercial (C-3). PROJECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicinity. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the mty s annexatxo program and service capability. This commercial property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted first and then forwarded to :the DCA for their records ("large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of. property owners; however, this annexation is being considered at the request of the property owner. The annexation of this parcel is consistent with the policies within the comprehensive plan addressing annexation. In addition, the annexation of the subject property will further the efforts of the city's annexation program through reduction in the number of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than I0 acres, and incrementally annexing enclave properties with the intent to reducing them below the 10-acre threshold. The requested land use and zoning is consistent with the recommendations of Section VIII Land Use Problems and Opportunities, found in the support documents for the 1989 City Of Bo)aaton Beach Comprehensive Plan. Sub-section 7.g. of that document states: "Those parcels along the north side of Boynton Beach Boulevard which lie to the east of Knuth road should be annexed and placed in the Local Retail Commercial land use category and zoned C-3 Community Commercial." In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works)., have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Performance Standards Ordinance will not be affected by this proposed land use amendment and rezoning as no development of this Page 3 RGRS, Inc. File Numbers: ANEX 01-001 and LUAR 01-002 property is currently planned. Traffic impacts and conformance with the Palm Beach County Traffic Performance Standards Ordinance will be analyzed at site plan approval stage. CONCLUSIONS/RECOMMENDATIONS As indicated herein, thi_s request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses. and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS I:\SHRDATA\Plagning\SHARED\WI~PROIECTS\RGRS. Inc\LUAR\staff report2.do~ LOCATION MAP EXHIBIT A -? P'CD WHEREAS, Carolyn Sims began her career with the City of Boynton Beach on July 1, 1961 as a Pool Attendant at Wilson Pool; and WHEREAS, Carolyn Sims has progressed through the ranks of the Recreation Department as Supervisor I, Supervisor II, Supervisor III and is currently the Recreation Manager responsible for programs at the Senior Center, Wilson Center, Wilson Pool and Sara Sims Park; and WHEREAS, Carolyn Sims received the "1987-88 Mayor's Award" from the Greater Boynton Beach Chamber of Commerce; and WHEREAS, Carolyn Sims was selected as the "1989 Citizen of the Year' by Lambda Alpha Alpha Chapter, Omega Psi Phi Fraternity, Inc.; and WHEREAS, Carolyn Sims was selected as "Honoree of the Year' by the Martin Luther King, Jr. Committee in 1993-94; and WHEREAS, Carolyn Sims was selected as "1994 Jefferson Award" winner for Outstanding Community Service from WPEC Channel 12; and the '1994 Citizen of the Year" by the Minodty Law Enforcement Council; and WHEREAS, Carolyn Sims was the recipient of the "1996 Outstanding Community Service Award."-from Sigma Gamma Rho Sorority; and WHEREAS, Carolyn Sims was the 1997-98 City of Boynton Beach Employee of the Year;, and WHEREAS, Carolyn Sims is a devoted wife, married for 42 years to Glaston Sims; mother of Javoro, Guaran, Memekia, Meguiil and Heathe.r; and grandmother;, and WHEREAS, Carolyn Sims has been a beacon of goodwill and fellowship in the Boynton Beach community for more than 40 years; NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim July 1, 2001, as CAROLYN SIMS DAY IN WITNESS WHEREOF, I, Gerald Broening, have set hereunto my hand and caused the Seal of the City of Boynton Beach, FIo~la, to be affixed at Boynton Beach, Florida, this 3"~ day of July in the Year 2001. A~E~: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) "~ V-CONSENT AGENDA ' ]~TEM Projects recommended for Community Development Block Grant Funding AID TO VICTIMS OF DOMESTIC ABUSE, INC This activity provides a 24-hour crisis hotline for services, counseling, and case management for adults, elder victims, and children who are victims of domestic violence and abuse. AVDA provides a safe, confidential shelter, which is -monitored 24 hours a day. Total Cost: $450,388 CDBG 10,000 Emergency Shelter Grant (Palm Beach County) $15,000 THE COMMUNITY CARING CENTER OF BOYNTON BEACH Provide administrative salaries for emergency services to include food, shelter, and mortgage assistance, rent, utility bills, medication and transportation for Iow and very Iow income residents. Other services to include job counseling, job skills training, advocacy, and education. Total Cost: $280,057 CD BG 15,000 Emergency Shelter Grant (Palm Beach County) 15,000 FAIR HOUSING CENTER OF THE GREATER PALM BEACHES Provides Fair Housing Initiatives designed to inform and educate the general public, housing industry groups, media, and financial institutions of their obligations concerning fair housing. They will monitor agencies for compliance with fair housing laws, and instruct the Public to identify incidents of housing discrimination, and inform victims seeking legal redress and relief. Their goal is to combat housing discrimination and insure compliance with local, state, and federal fair housing laws. Total Cost: CDBG West Palm Beach, Delray, Boca Raton, U.S. Dept. of HUD, Justice Dept., & Mac Arthur Foundation $170,000 15,000 155,000 HEALTHY MOTHERS, HEALTHY BABIES COALITION OF PALM BEACH COUNTY, INC. Activity includes prenatal referrals, education and social services. Focuses on middle school and high school education with presentations on the Provides ~ support childbirth classes ~ps for pregnant and parenting teenagers, Iow cost asses geared toward fathers. Total Cost: CDBG Palm Beach County, Health Care District, &City of Boca Raton $937.000 7,200 425,003 I HAVE A DREAM FOUNDATION Provides academic support, cultural and recreational activities, and individual attention for children from the Iow income community. The goal is to see that every "Dreamer" graduates from high school, functionally literate and prepared for employment or further education. Provides tuition assistance to assure that they will have the opportunity to attend college, a university, or accredited vocation school. Total Cost: CDBG Other Grants, Golf Tournament, & contributions from local companies & individuals $70,000 7,500 62,500 THE JUVENILE TRANSITION CENTER, INC Activity provides academic support and work experience for disadvantaged youths, operating at the Ezell Hester Center. The program implements rewards and structured academic activities that are designed to increase the FCAT scores. The summer component allows participants to receive a $500 stipend for their job performance and work ethics. Participants will also have an opportunity to earn high school credit from the Palm Beach County School Distdct for academic performance of 2.0 GPA or better, as well as pleasure field trips during school breaks during the school year. Total Cost: CDBG Workforce Development Board $251,516 15,000 123,150 URBAN LEAGUE OF PALM BEACH COUNTY, INC Activity extends housing counseling services to 50 Iow income residents of Boynton Beach. This program enables clients to make informed and reasonable decisions to achieve housing goals, and resolving housing problems associated with credit issues. -Provides counseling as well as referral to other provider agencies as needed. Total Cost: CDBG City of Delray, West Palm, Palm Beach County HCD, & National Urban League $250,600 5,000 245,600 VETSVlLLE CEASEFIRE HOUSE, INC. This activity provides shelter and food to veterans in need to assist them in employment and in applying for various government benefits that they are eligible for. Additional, they address other needs, such as addictions and other medical or mental health care needs. Total Cost: CDBG Palm Beach County Emergency Shelter Grant $32,136 12,000 29,000 CITY OF BOYNTON BEACH RECREATION DEPARTMENT To provide scholarships for Iow income City of Boynton Beach residents for the summer camp program. These residents must also provide documentation that they meet the Palm Beach County School Distdct eligibility requirement for free or reduced lunches. CDBG $15,000 CITY OF BOYNTON BEACH RECREATION DEPARTMENT WILSON CENTER Activity will include professional consultant to create a master plan for the Wilson Park Project. CDBG $35,000 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION Special activities by a Community Based Development Organization designated to carry out neighborhood revitalization and community ,economic development programs, is the improvement of the attention to the needs of persons of Iow and moderate income. This activity will include comprehensive Community Redevelopment of the MLK and Cherry Hills community, and will include an Affordable Housing Development Initiative. Total Cost: CDBG LISC, Lenders, Fund Raising $192,726 75,000 117,726 PALM BEACH COUNTY RESOURCE CENTER TECHNICAL ASSISTANCE/BUSINESS ENTERPRISE Provide technical assistance to upstart and existing businesses located or wishing to locate to the Boynton Beach area. This assistance is in the form of Minority/VVomen Business Enterprise certification, development of business plans, loan packaging, and identifying various funding sources available to start businesses, bond packaging, and incorporation service. Total Cost: $200,000 CDBG 30,000 Local Match 95,000 PALM BEACH COUNTY RESOURCE CENTER CONSTRUCTION MANAGEMENT Activity manages and coordinates the Construction Management Training Program for Boynton Beach tradesmen who are interested in enhancing or developing their management capabilities within the construction industry. The seven course curriculum will be taught by trainers in the construction industry affiliated with Florida Atlantic University. It will open the doors for disenfranchised residents and promising entrepreneurs. It offers 15 scholarships to Boynton Beach residents. Total Cost: CDBG PBC Government & FAU $43,500 25,000 18,500 City of Boynton Beach Tow Services Contract Renewal Workshop July 3, 2001 6:00 P.M. Desired Outcomes: 1. CITY COMMISSION DETERMINES RATES CHARGED IN NEW CONTRACT ¸. CITY COMMISSION DETERMINES RATES CHARGED TO THE CITY FOR TOWING CITY OWNED VEHICLES AND CODE ENFORCEMENT TOWS CITY COMMISSION PROVIDES DIRECTION ON IMPLEMENTATION OF A FRANCHISE FEE OPTION CITY COMMISSION DIRECTS STAFF TO pROCEED WITH RFQ PROCESS FOR RENEWAL OF TOW SERVICES AGREEMENT - AGENDA What 'How Who Time Background on Tow Services Presentation Wilfred Hawkins 3 minutes Contract & RFQ Process Outline Contract Issues Presentation & Wilfred Hawkins, 10 minutes related to Outcomes 1 & 2 DiScussion Other staff, & City Commission Outline Franchise Fee Option Presentation & Wilfred Hawkins, 12 minutes related to Outcome 3 Discussion Other staff, & City Commission Commission Direction related Discussion City Commission 5 minutes to Outcome 4 & Staff Commission Workshop Su~y 3, 2001 RENEWAL OF TOWING :SERVICES CONTRACT BACKGROUND: Prior to May 1997, the City of Boynton Beach was being served by one (1) towing company, Zuccala's Towing. On May 20, 1997 Commission adopted the current Towing Services Agreement with multiple tow companies (currently six). The towing services are being provided on a rotational basis. All City requests for tow services are channeled through Communications Division and a log is maintained of the rotational calls for towing services. Any towing service call that is cancelled by the City automatically places the tow company back at the top of.the rotation list. Towing service calls that cannot be provided in a timely manner, or passed by the towing company, will cause that company to fall to the bottom of the rotation list. Also, when non-City vehicles are being towed, the citizen is given the opportunity to name their tow company. When an owner requested tow is made from a company on our rotation list it doeS not take them out of:the rotation. FRANCHISE FEE: In the past, the City has not charged a franchise fee to tow companies for the exclusive rights to provide towing services within the municipal boundaries of the City. Since the franchise fee is a potential revenue source for the City a survey was conducted to determine the amount of franchise fees being collected by other municipalities. Attached is the Towing Services Agreement, Comparative Analysis of Franchise Fees and Rates. This analysis was prepared based on a survey of other municipalities. The survey tends to show that the majority of mUnicipalities have a franchise fee, and most municipalities pay either reduced towing rates, or no towing rate for City. owned vehicles. The survey also reveals that our current towing services contract rates for non-City vehicles tends to. be more lucrative than towing rates of other municipalities. Below is the franchise fee information obtained in the survey: Municipality City of Boynton Beach City of West Palm Beach City of Delray Beach City of Hollywood City of Coral Springs City of Ft. Lauderdale City of Pompano Beach Tow Companies Franchise 6 $ 0.00 2 30,000.00 I 100,000.00 1 150,000.00 1 12,000.00 I 50,000.00 1 75,000.00 Fee ($15,000 ea.) City of Boca Raton 0.00 (Note: City of Boca Raton is considering a franchise fee in new contract) Commission Workshop July 3, 2001 When conducting the survey, Palm Beach 'County was called but their contract is limited to towing services for County vehicles. :Basically, Palm Beach County has contract rates for towing County owned vehicles east of twenty mile bend, and west of twenty mile bend. Palm Beach County was not used in our survey analysis since it was limited to towing services for County owned vehicles. Also, at the time of conducting the survey, contact was made with the Palm Beach County Sheriff's Office. The Sheriff's Office has elected not to use a competitive process to obtain services of towing companies. Because of controversial issues and political ramifications regarding.towing services, the Shedff's Office has elected to allow any qualified towing company to be placed on their rotational list for non-Sheriff's Office vehicles. For vehicles owned by the Sheriff's Office they have a continual long term use of Lyons Towing at $25.00 per tow which, is still in effect. The towing companies have independent established towing rates (limited to $120 per tow by Ordinance), and no franchise fee is involved, in other words an open market. Therefore, the Sheriff's Office is not included in the spreadsheet for this survey. In considering a franchise fee for the towing services contract some of the following options tend to be available: Rotation Basis - No Franchise Fee - Current/Adjusted Tow Rates Rotation Basis - Franchise Fee - Percent (%) of Gross Earnings - Current/Adjusted Tow Rates 2% of Gross Earnings 5% of Gross Earnings 10% of Gross Earnings Basis - Fixed Amount Franchise Fee - Current/Adjusted Tow a= Rotation Rates a, b. C. $250 per month, per tow company $500 per month, per tow company $750 per month, per tow .company Single Towing Company - Prepare bid documents and use a competitive process to obtain towing company contract rates and amount of franchise fee to be paid. a. Awarded to tow company that presents competitive tow rates and franchise fees that are in the best interest of the City. CONTRACT ISSUES: As shown in the survey, most municipalities tend to have reduced rates, or no tow charges, for City owned vehicles. Our City contacts the Fleet Maintenance shop for problems with breakdowns (fiat tires, minor mechanical problems, etc.) of City vehicles during the normal work hours. These problems are generally fixed without requiring tow services. If towing services are required for City vehicles our costs are one-half (1/2) of the contract price. Some current tow companies tend to pass on the rotation lists due to the. lower contract rates. Commission Workshop July 3, 2001 In addition to the survey, Communications Division reviewed the towing services log for the time period March 1, 2001 through May 31, 2001. This is being used as a representative quarter to determine the number of average tows per month. Tows for Towing Company Quarter Beck's Towing 80 Eastern TOwing 70 Kauffs Towing 64 Zuccala's Towing 69 Emerald:Towing : 74 Jordan s Tow~ g 73 TOtal 430 The number of tows may vary due to Beck's Towing receiving a large number of owner requested tows which does not take them out of the rotation. The lower tows are due to the availability of trucks, or not being able to contact the tow company. Tows of City vehicles included in the figures shown above are: March (10); April (5); May (5); for a total of twenty (20) tows for the representative quarter. Based on the period March 1,2001 through May 31,2001 the following would apply: Average Monthly Tows Cost of Class A Tow Monthly Earnings 143 $ 75.oo $10,725.00 The Monthly Earnings shown of $10,725.00 is conservative since our tow log records are limited for determining the amount tow companies are actually making from the agreement. Costs for additional time at the scene of an accident, storage charges for inside or outside storage, and additional towing charges for outside City limits cannot be determined. The new towing services contract will require tow companies to provide a detail fiscal reporting to the City of revenues generated by our tow calls. CONCLUSION: In conclusion, the current Towing Services Agreement was extended by Commission until September 30, 2001. A decision is required at this time on consideration of implementing a franchise fee for towing services within the boundaries of the City limits. If Commission decides to implement a franchise fee the City Attorney will prepare the necessary changes to the Ordinance which will become effective after the Second Reading. It will require two (2) Commission meetings to implement the new Ordinance. Commission Workshop July 3, 2001 If Commission elects not to implement a franchise fee, then Commission will still need to consider towing rates to be applied in the new contract. Possible options for towing rates are: Maintain towing rates from current contract Adopt industry suggested rates. Determine some other rates in between. After the decisions are complete on franchise fees, and effective towing rates, then the procurement process for the towing services contract will take place. Attachment TOW C TRACT DRAFT JULY 3, 2001 AGREEMENT THIS IS AN AGREEMENT, dated the day of ,1997, between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as C , and hereinafter referred to as "TOW CONTRACTOR". WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and TOW CONTRACTOR agree as follows: 1. SPECIAL TERMS AND CONDITIONS 1.1 RATES. The rates herein have previously been established and approved by the Boynton.. Beach City Commission and will remain firm and fixed for the term of this Agreement. The rates charges by TOW CONTRACTOR to provide all labor, tools, materials, and equipment shall not be greater than the applicable maximum rates as provided by this Agreement. 1.11 APPROVED TOWING RATES -VEHICLES NOT OWNED OR LEASED BY CITY These rates are the only rates that will be charged vehicle owners under this Agreement: TOWING BY ITEM DESCRIPTION (1) Class A (cars, vans, light trucks under 10,000 GVW)within City limits; $75.00 per call $95.00 per call (2) Motorcycles within the City limits; $75.00 per call $95.00 per call (3) Towing outside the City limits for cars, vans, motorcycles, and light trucks 3/4. and less; an additional $2.00 per towed mile from the City limits $4.00 per towed mile Tow Contract Draft Commission Workshop July 3, 2001 (4) (5) (6) (7) (8) (9) Class B (vehicles 10,000 to 30,000 GVW) within the City limits; Towing outside the City limits for Class B vehicles; Class C vehicles (over 30,000 GVW) within City limits; Class C vehicles outside City limits; Additional time at the scene after first hour, per 1/2 hour thereafter (applied to all vehicles, cars, vans, and trucks under and over 3/4 ton, for waiting and extra street clean-up. This provision shall not apply in conjunction with vehicle recovery under ,Section 1.2(C). Miscellaneous other charges 4 X4/off-road vehicle recovery Tarp fee Lowboy service $125.00 per call $175.00 per call an additional $4.00 per towed mile from the City limits $150.00 per call an additional $6.00 per towed mile from the City limits $8.00 per towed mile $30.00 per half hour $45.00 per half hour $75.00 for the first hour, and $30.00 per half hour thereafter $95.00 for the first half hour $35.00 per call $120.00 per hour $175.00 per hour Tow Contract Draft Commission Workshop Su]y 3, 2001 Outside the City limits Underwater recovery salvage divers an additional $5:00 per towed mile from City limits $6.00 per towed mile $125.00 for first hour or part thereof, and part half hour (10) For purposes of this Agreement, when CONTRACTOR is entitled to additional charges based on time spent at the scene, unless otherwise specified, CONTRACTOR. shall apportion the charge set forth herein to be consistent with the actual time spent on the scene. (B) STORAGE AND LIEN NOTICE (1) Cars, vans, trucks under 3/4 ton Outside storage: Inside storage $20.00 per day $25~00 per day (2) Trucks and vehicles over 3/4 ton Outside storage Inside storage $30.00 per day $35.00 per day (3) Motorcycles Outside storage Inside storage $10.00 per day $15.00 per day (4) Boat and trailer (21 feet and under) Outside storage Inside storage $17;00 per day $22.00 per day (5) Boat and_trailer (over 21 feet) $30.00 per day (6) $30.00 per vehicle $40.00 per vehicle Lien notice (after 24 hours of storage) Tow Contract Draft 3 ~'~. Commission Workshop -~_. July 3, 2001 Per Florida Statutes, no storage fee shall be charged to the vehicle owner for a vehicle stored less than six (6) hours. "Per day" shall be defined as a twenty-four (24) hour period or any part thereof. (c) VEHICLE RECOVERY The following vehicle recovery fees may be charged to the vehicle owner when the vehiCle is overturned, embedded in sand, mud, or water, or requires more than a single hook-up: (1) Class A and B wrecker on the scene; $60.00 per hour $90.00 per hour and $30.00 per each (15) minutes after* the first hour (2) Extra man (each) on the scene $35.00 per hour (D) ROAD SERVICE For all trucks, cars, vans and other vehicles under and over 3/4 ton, a road service fee Of $30.00 per call may be charged to the vehicle owner for services such as assisted start, unlocking a door, delivering gas, tire Changes, etc. 1.12 APPROVED TOWING RATES - CITY OWNED OR CITY LEASED VEHICLES A. All CITY owned or CITY leased vehicles under the 3/4 to, n, Class "A" wrecker will be .towed at fifty (50%) percent the Class A" rate, as indicated in Section 1.11 of this Agreement. All CITY owned or CITY leas~ service as indicated in Section services at fifty (50%) percent of All vehicles towed at the reques as a crime scene vehicle, confi,, other way related to police busir the contract =rate and will 'be sro d vehicles, under 3/4 ton requiring road 1.11 of this Agreement will receive such the road service rate. : of the Boynton Beach Police department ~cated vehicle, forfeited vehicle, or in any ess will be towed at fifty (50%) percent of red for fifty (50%) percent of the contract storage rate as stated in Section 1.11 of this Agreement. Tow Contract Draft Commission Workshop July' 3, 2001 4 All CITY owned or CITY leased vehicles towed under Class "B" or Class "" ' tfi C, wdl be towed a fry (50%) percent of the appropriate Class "B" or "C" rate as set forth in Section 1.11 of this Agreement. E. All vehicles towed at the Enforceme department of~ other at fifty percent F. City shall not be assessed any waiting time charges, whatsoever. 1.15 SPECIAL AND AD A. WAITING TIME. CONTRACTOR until = time shall not be assessed by TOW arrival at the scene. LABOR CHARGES. The cost for labor under any circumstances and when ap not be assessed by TOW CONTRACTOR until sixty (60) mir arrival at the scene. Labor charge must be clearly shown on the tow :receipt with a written explanation of the labor Charge. CJ LABOR CHARGES PROHIBITED. The cost for labor shall not be' assessed to CITY or Customer under any for the clean-up and removal of vehicle Ihe labor and time necessary to complete clean-up and removal. SERVICE CALL. TOW CONTRACTOR agrees that the mere response to a service call scene' without other action does not constitute a service for which charges may be assessed tothe vehicle owner. E. DC reason(s) for labor charges. representative, TOW Manager or his/he~ assessment of a dis. CONTRACTOR shall designee. 1.2 CONSIDERATION FOR AWARD A. A Certifi~ate of applicants meeting Tow COntract Draft Commission Workshop July 3, 2001 ~,ND'ADDIT ION,ad, CHARGES. detail on the tow receipt the work performed for assessed the special or additional /or the vehicle owner or that the City determination on the ~arge, and that TOW ,n er or his/her be S to the best responsible rein, which serve the best interests of the CITY based upon the following cdteda: the ability of the applicant to provide the required services with regard to the extent and condition of equipment and facilities, record keeping procedures, competency of staff, financial support, and exceptions taken to contract terms, conditions and specifications; experience, qualifications, training and past performance of each proposed towing company's owners and officers, and persons directly involved in managing the service on. a regular basis; substantiated complaints received by CITY or Palm Beach County Consumer Affairs conceming misconduct on the part of the towing company, such as excessive charges, poor b to vehicles, extensive involvement in be and shall weigh heavily against each applicant. Evaluation of applications will be conducted by a committee of City staff who shall evaluate all responsive applications received from applicants meeting the contract specifications based upon the- references contained in the applications. The committee shall ~pection of the applicant's facilities, equipment, record employees. The committee will then make to the City.Manager in the form of a list of proposed tow company The City Manager shall then turn over his/her recommendation to the City Commission. The City Commission reserves the right, based upon its deliberations and its opinion, to award a certificate of qualifications. 1.3 ELIGIBILITY. A. To be eligible to resrpond to this RFQ, TOW CONTRACTOR shall be regularly engaged in the towing business on a full-time basis in Palm Beach County and the City of Boynton Beach, and shall be able to produce evidence or prior experience in providing similar services continuously for the past two (2) years (one year of which must have been within Palm Beach County, Florida). B. TOW CONTRACTOR shall have satisfactory financial support, required equipment and organization sufficient to ensure that TOW CONTRACTOR can satisfactorily execute the services., if granted a contract, under the terms and conditions stated herein. Tow Contract Draft 6 Commission Workshop July 3, 2001 In the event litigation arises out of the CITY's failure to select a particular applicant; dama if any, shall be limited to actual preparation costs rty. D.' The terms.r"eC used herein shall be hed company as ti ti as , within the )posal is such at all rees of ~cies having ated in this required by Beach in of said Go H= Beach Ordinances. do in the City of ich Code of At all times dudng the term of this Agreement, TOW CONTRACTOR, its subsidiaries, agents, employeeS Or representatives shall Only appear on the rotatiOn list once:. Under no cirCumstances s hall a Tow Contractor who has a business, financial or legal relationship with another Tow Contractor be permitted to have more than one place on the rotation list, 1.4 APPLICATION REQUIREMENTS. Ail applications shall be sub ~pecified on the applicatiOn pages. Any attachments must be To be considered~ the application must respond to all parts of the ler information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix Tow Contract Draf~ 7 Commission Workshop July 3, 2001 publications are supplied by an applicant to respond to a reqUirement, the response should include a reference to the document number and page number. This will provide a quick reference for the evaluators of the application. Applications failing to provide this reference will be considered to have no reference material included in the additional documents. ALL SUBMITTED MATERIALS BY PROPOSED TOW CONTRACTORS MUST BE TYPED: NO HANDWRITTEN MATERIALS: WILL BE ACCEPTED. ANY HANDWRITTEN APPLICATIONS THAT ARE RECEIVED WILL BE AUTOMA TICALL Y DISQUALIFIED AND WILL NOT BE CONSIDERED. 1.5 GENERAL SPECIFICATIONS. A. :TOW CONTRACTOR shall: maintain and have available at all times for inspection by authorized CITY personnel, detailed records of all services rendered relative to the subject Agreement. Bo TOW ~CONTRACTOR shall furnish towing service for the removal of City of Boynton Beach when required and when or by the City of Boynton Beach Police Department (or other CITY in the case of city-owned or city leased vet Such services shall be made available on a twenty-four' (24). hour CI~ shall, be given preference only for calls by the Police Department. TOW City f¢ adequate storage space within the :les when towed. Said storage facilities shall meet the in this Agreement. At an accident scene, TOW CONTRACTOR shall remove from the street and surrOunding area : , . . all broken glass and other debris resulbng from the accident, Bo CITY shall have the right to cancel a request for tow company service up until the time that a wrecker is hooked onto a vehicle and ready for transport to the storage facility. However, if the tow is cancelled,, the tow company will retain their position in the rotation. 1.6 SPECIFICATIONS FOR WRECKERS. The CITY agrees to maintain three (3) wrecker rotation lists, as follows: 1. Class "A"FB" List; 2. Class "C" List; and 3. Code Enforcement List (mandatory for all Class "A"/"B" tow contractors). Tow Contract Draft 8 Commission Workshop July 3, 2001 A. TOW CONTRACTOR must own, lease (first-party) and be in possession, or .mortgage and have immediate access to~ two (2)CLASS "A" :: TOWING/RECOVERY VEHI ions: Small wreckers with a )ur (4) minimum Power winch with a: (4) tons. with a At least One hundred (100)feet of 3/8-inch~thick (or' greater) cable with an end hook. One of the required Class "A" wreckers must be a back or slide,back; .with a mi rating capaCity, fifty (50) feet of 3/8 ~ck roll- a GVW pulling and at least TOW CONTRACTOR mu., or mortgage and have im'~ TOWING/RECOVERY is mou (8) ton winch. in possession, CLASS "B" de-back, that Jipped with a eight Should TOW CON' wrecker rotation list, and be in possession, or one (1) CLASS "C" specifications: to be placed on the Class "C" nust own, lease (first-party) .~ss to at least following Large wrecker with: at least twenty-five (25) ton capacity, a GVW rating of at least 25,000 pounds., a cradle or tow plat or sling, and safety chains or wheel lift capability. 2. An extendible boom with a capacity of at least fifteen (15) tons; A twin power Winch with a pulling capacity of at least twenty-five (25) tons. At least Two hundred (200) feet of 518 inch thick cable. Tow Contract Draft 9 ~.~. Commission Workshop July 3, 2001 5. Air brakes with an auxiliary air supply. Class "C" TOW CONTRACTORS must have the ability to tow an aerial fire truck that is approximately 64,000 pounds GVW, any sanitation truck, and a Track Excavatorthat is approximately 30 tons. TOW CONTRACTOR shall own, lease, or mortgage and have immediate access to at least one (1) motorcycle trailer. EACH AND EVERY tow truck or recovery vehicle must be outfitted with the .fOllowing supplies and equipment: 1. 4. 5. 6. 7. 8. 10. 11. 12. 13. Tow Contract Draft Commission Workshop Suly 3, 2001 Operating clearance and marker lights, as well as any other equipment required by Florida Statutes, or any other laws or codes governing tow and recovery vehicles; There shall be a rotor beam or strobe light, that is amber in color and mounted on the wrecker in such a manner that it can be seen from the front, rear and sides of the vehicle; One (1)heavy-duty push broom; A flood light on the hoist; One (1)fiat-nose shovel; One (1)ax; One (1)i croWbar; At least,one (1), five (5) pound Ca rbon dioxide fire extinguisher with a current inspection tag. The fire extinguisher must be an approved type; One (1).:pair of bolt cutters; One (1) set of jumper cables; One (1) four-wait lug wrench; One (1) high-intensity flashlight; One (1) set of red highway reflectors; 10 1.7 14. Five (5) thirty minute flares; 15. Each wrecker and tow vehicle shall contain a telephone or radio communications system to enable continuous direct contact between :the ddyer.and the office of TOW CONTRACTOR; and 16. Each vehicle gned, constructed and equipped for at all times, be propedy maintained in a mechanically safe condition. To be awarded TOW CONTRACTC certificate of wrecker. the a Class "A"/"B" ~n at the time the duration of this (1) Class "B" TOW CONTRACTOR shall have available at all times, sufficient equipment to perform ali services required herein on a timely and responsible basis, TOW CONTRACTOR shall notify CITY in the event any of the required equipment, as set forth in this Agreement, is inoperable, sold, levied upon, repossessed:or attached. STANDARDS OF CONDUCT FOR TOW CONTRACTORS. A. TOW CONTRACTOR ' shall comply with all laws, rules and regulations of any governmental agency having jurisdiction in the premises, including but not limited to, licensing and minimum safety requirements. Bo TOW CONTRACTOR shall be the holder of a general towing and wrecker service license isSued bY Palm BeaCh county and 'shall be the holder or any licenses required by-Florida law and the City of Boynton Beach. Each wrecker shall be manned by a driver who must meet the following qualifications: Possesses a valid State of Florida required Commercial Drivers License (CDL); Possess knowledge of the layout of streets and roadways within the City of Boynton Beach; and Be physically qualified to perform the normal and everyday tasks required of a tow truck operator. Tow Contract Draft Commission Workshop July 3, 2001 1.8 TOW CONTRACTOR shall ensure that each' ddver operates the company,s 'equipment in a safe and proper manner in accordance with operating manuals and Florida Statutes. Upon receipt of a complaint from the City of Boynton Beach Police Department on a driver's unsafe, unlawful or improper operation, documented corrective action must be taken by TOW CONTRACTOR. TSTORAGE FACILITIES. OW CONTRACTOR shall maintain a storage facility for all impounded vehicles. There shall be an outside, enclosed area and an inside storage area. All facilities shall be located within the city limits and be owned or leased by TOW CONTRACTOR. TOW CONTRACTOR's storage facilities cannot be relocated without wdtten consent from CITY. Should TOW CONTRACTOR relocate without obtaining said consent, the relocation shall constitute a breach of this Tow Agreement. ICE .ITIES. It shall be the duty of TOW CONTRACTOR to a. to telephone and restroom facilities, and a work area for example, a ~desk, phone, facsimile machine, with a physical plant having the name of the company and the mailing address and 24-hour phone number clearly painted; that are accessible to CITY officials at anytime, 24 hours a day, 7 days a week; and that maintains a manned radio communication system at all times, 24 hours per day, 7 days a week. TOW CONTRACTOR shall not utilize any phone answering services(s), as said services are stdctly prohibited under the terms of this Agreement, and use of such services shall constitute a breach thereof. e OUTSIDE STORAGE a. Outside storage shall be kept and maintained to provide for the removal of junk, tires, and auto parts; the regular tdmming of ail shrubbery, bushes, trees and grass areas (along fence line and on property); and adequate drainage to prevent standing water. Tow Contract Draft Commission Workshop July 3, 2001 Outside storage areas must be protected by an enclosed solid wall or a substantial wire fence not less than six (6) feet in height, the top of such a fence or wall, including all gates, doors, or roofed 12 open areas shall be equipped with not less than twelve (12)inches of barbed Wire installed in such a manne access shall be maints reement. paired within twenty-four (24) The area must have a vehicle st( least twenty- utilized for ence ten INSIDE STORAGE. TOW CONTRACTOR shall be cap:able of ~all maintain specificatiOns: aJ a working area of 9"X 20' per vehicle With 'at least an eight (8') foot high ceiling; .. a paved floor (i,e. concrete, asphalt) that is free from dirt, standing water and vegetation; an electrical lighting source sufficient to permit processing of a vehicle; and d. one (1) outside window or a ventilation system. CRIME SCENE, CONFISCATED, SPECIAL "HOLD" STORAGE a. Any vehicle towed or stored as a result of the marked "HOLD" relative to a crime scene investigation shall be handled with gloves (i.e. cloth, rubber or leather) by the wrecker operator. Cdme scene vehicles shall be stored to prevent physical contamination Or degradable evidence from deteriorating, and by inside storage. If inside storage is not available, CONTRACTOR shall surrender the tow and fee to the'next Contractor in rotation. This shall not prevent CITY from removing the vehicle or trailer and storing it at a City-owned or controlled facility or at another Tow Contractor's storage compound. Tow Contract Draft 13 . ~' Commission Workshop .... Suly 3, 2001 C= If laboratory work on a cdme scene vehicle is required and the vehicle must be processed at the City of Boynton Beach Police Headquarters, the cdme scene vehicle shall be transported to the City-designated location. · Vehicles which have been marked "HOLD" by the Police Department shall be stored at such compound for whatever period of time necessary, in order to properly process the vehicle and conduct any investigation necessary. .Confiscated vehicles or vehicles involved in litigation shall be protected from the elements, preferably at an inside storage facility, vehicle in its condition at the time of towing. )revent CITY from removing the vehicle and storing the vE or controlled facility or at another Tow 2.0 2.5 f. City of Boynton' Beach Police Department personnel shall be permitted access to all such vehicles at all times. PERFORMANCE PROBATION PERIOD. - A. A contractor awarded a Certificate of Qualification will be subject to a three (3)month probationary period. During this time, the contractor's performance will be evaluated by City staff. If TOW CONTRACTOR'S meet the standards set forth in this Agreement, the City COm~ upon the recommendation of City staff, by written noti( the default under the Agreement terms, revoke the Certificate of If performance is acceptable at the end of the probatiOnary period described herein, TOW CONTRACTOR will be so notified by the City. Should the City Commission revoke a Certificate of Qualification within the three (3) month probationary period, another Certificate of Qualification may be awarded to an eligible company as determined by the City Commission. ROLE OF CITY MANAGER AS TO PENALTIES. The City Manager for CITY shall have the power to formally reprimand TOW CONTRACTOR, suspend the Certificate of Qualification, suspend activities of TOW CONTRACTOR under the terms of this Agreement, recommend to the City Commission revocation of the Certificate of Qualification, and recommend to the City Commission that this Agreement with TOW CONTRACTOR be terminated. Tow Contract Draft Commission Workshop July 3, 2001 14 2.1 FORMAL REPRIMAND. Upon review of materials provided to him/her by City staff, the City Manager may issue a written reprimand to TOW CONTRACTOR for any act or omission, which in his/her sole discretion, is deemed to be a violation of this Agreement. A written for an act or omission in~ violation: of the terms of this of 2.2 the circur REVOCATION. In criteria for are v by this Agreement and ~TRACTOR), of the recommended of the and the ate of cancellation 2.3 2.4 In the event City Qualification such a recommendation of the Certificate of CONTRACTOR, for CITY. COMPLAINTS TOW COl concerning the performance. Boynton Beach. :The failure reasonable instruction( considered a material ~breach of Qualification, and shall: because received by CITY under this ~ager of the City of any subsequent complaint will be Certificate of REPUTABILITY. Lack of reputability shall be cause for revocation of a Certificate of Qualification and shall include, but nOt be limited to the following: Misstatements concerning the conviction of any officer, employee or agent convicted of any felony when that person's civil rights have not been restored; B. Retaining _a, ny officer, employee or agent convicted of any felony when that person s civil rights have not been restored; C. Retaining any officer, emplOyee or agent convicted of any felony or first degree misdemeanor directly related ~ the business and/Or operation of a Tow Contract Draft 15 Commission Workshop July 3, 2001 2.5 2.6 wrecker, when that person's civil rights have not been restored. For the purpose of this Agreement, any.offense involving .perjury, false statement or theft shall be considered to be directly related to the business operation of a wrecker. Retaining any officer, emplOyee or agent convicted of the offense of driving under the influence of alcohol or any other controlled substance to the extent that normal faculties are impaired; of the offense of ddving a vehicle and having an unlawful blood alcohol level; or ofany other criminal traffic offense. SUSPENSION Should at any time during the term of this Agreement, including during any option terms, the tow company be in violation of any of the terms and conditions of this Agreement~ the Cit~ M~nager or his or her designated agent shall have the right to suspend the cor~pany until the violation is resolved to the satisfaction of City staff. If the violation is not promptly resolved or is of such a serious nature that the City Manager determines that suspension is inadequate, the City Manager reserves the right to recommend to the City Commission revocation of the Certificate of Qualification and .termination of this Agreement with TOW CONTRACTOR for cause. Should during the term of this Agreement, including dudng any option terms, its principals become the subject of a criminal City Manager shall have the right to suspend TOW Qualification pending the outcome of any criminal investigation trial, should one result. Upon the conclusion of a criminal investi~ation does not result in cdminal charges against TOW CON the City Manager may recommend to the City Commi~ of the Certificate of Qualification and termination of this CONTRACTOR, or the City Manager may lift the suspen reinstating the Certificate of Qualification to TOW If an adjudication of guilt is entered against TOW the conclusion of a tdal or via plea bargaining ,with the State, the recommend to the City Commission revocation of the and termination of this ^greement with TOW ' City Manager may reinstate. COMMERCIALLY MANUFACTURED EQUIPMENT. A. truCk, recovery vehicle and all equipment owned, leased, or TOW CONTRACTOR shall be commercially manufactured and ~ requirements set forth herein or be approved by CITY. or its designee. Tow Contract Draft Commission Workshop Suly 3, 2001 16 Bo Each tow truck, recovery vehicle, and all equipment utilized by TOW CONTRACTOR shall be maintained in goOd mechanical condition at all times. Co Each tow truck, recovery vehicle, and all equipment is subject to inspeCtion by CI~ or its designee at all times during the term of this Agreement. veh that manner. as an emergency vehicle in y when necessary). 2.7 MARKIr no markings on vehicles, buildings, or correspondence that indicates or tends to indicate any' official relationship between TOW CONTRACTOR and the City of Boynton Beach. 2.8 il, at no cost to CITY, the public or the owner of the towed vehicle or trailer, promptly remove all debris from, the public street, sidewalks, parks, and property of CITY; and shall re:move the Same to a proper place if the accident scene is, will or has been served by TOW-. or trailer towed reement for the f hazardous wastes, chemicals, construction debris and spilled loads. 2.9 3.0 EM~ L agrees to maintain, and upon request, provide to the city of [ Beach POlice Department the following information on all officers, land servants, and to be responsible for- keeping the inform~ and current: name, address, date of birth, ddver's license ity number, and phcitograph. TOW coNTRACTOR agrees that ti mpany or the officers of the company, if a corporation, ~acts of while said em /. TOW es and agrees to ,CITY ma~ on any ddver at any time with or without cause. TWO OR MORE APP UNDER DIFFERENT NAMES RECEIVED ER. If more than one application is submitted bY any one proposer, byor in the name of hisor theirClerk, partner, or other persons, and it is determined by CITY staff that such applicant is under single, identical, or substantially Tow Contract Draft 17 /~.~ Commission Workshop July 3, 2001 ....... 3.1 the same ownership, all such applications will be rejected. If the above described dual ownership is not revealed until the contract term has begun, said action shall constitute grounds for revocation of the Certificate of Qualification and termination of this Agreement with TOW CONTRACTOR. RESPONSE TIME. A. TOW CONTRACTOR shall, at the request of the CITY Police Department or other CITY official requesting tow truck service at any time of the day or night, arrive at the scene with the appropriate equipment within the following time limit depending upon the vehicle class requested: CLASS A CLASS B CLASS C 30 minutes from request 30 minutes from request 45 minutes from request TOW CONTRACTOR assumes all liability in meeting the required class response time, including buti not limited to, any and all damages resulting from traffic accidents and motor vehicle infraction fines occurring after the response time limit has expired. In the event TOW CONTRACTOR fails to respond in a timely manner, the- department of CITY requesting the service shall document the untimeliness, and forward sa~d writing to the Agreement Administrator. The following penalties shall ~apply should any TOW CONTRACTOR fail to respond Within the class response time set forth in Section 3.1(A)of this Agreement: Within a 112 month period ~i Penalty 1. 1St and 2nd offense No penalty 2. 3rd offense Certified letter of warning 3. 4th offense: One (1) week suspension 4. 5th offense, One (1) month suspension 5. 6th offense and greater Termination of Agreement with CITY and revocation of certificate of qualification TOW CONTRACTOR may appeal a suspension of two (2) months or more to the City Commission, and if TOW CONTRACTOR can show by substantial and competent, evidence that extenuating circumstances beyond TOW CONTRACTOR's control caused the failure to timely respond, the suspension may be lifted by the City Commission. Tow Contract Draft Commission Workshop July 3, 2001 18 Fo All appeals must be made in writing to the City Manager within thirty (30) days of the action, and shall fully set fortrh the basis for the appeal. Suspensions shall not be stayed during the any pending appeals. City Manager recommendation revocation of the consideration: and actiOr for termination of this agreement and section requires vehicles the not occu~ 3,2 SUBC TOW not subcontract its'; services to secure additional wreckers or storage space required under this Agreement. TOW CONTRACTOR must own, lease, or mortgage the vehicles, equipment and storage space required under this Agreement. 3.3 In ','holding a certificate of qualification repair and/or automobile paint and body repair provide written ~notification to the of the owner of the vehicle towed under the proviSions of this Agreement, that there is no obligation to have any automobile, vehicle (~r trailer repairs and/or automobile, vehicle or trailer paint ~and body work done by.TOW CONTRACTOR. B. C COl The included. notify CITY in .writing of any and all repairs s, automobiles, trucks, and trailers by TOW of this Agreement. obligation to have undertake any repairs to the vehicle shall be 3.4 INSURANCE REQUIREMENTS. A. TOW CONTRACTOR's liability insurance policies shall name the CITY as an additional insUred. B. During the term of this Agreement, TOW CONTRACTOR shall have in effect 'insurance with those limits specified in this Section. Copies of said Tow Contract Draft 19 Commission Workshop July 3, 2001 insurance policy or certificate of insurance must be furnished to CITY's Purchasing Department and Risk Management Department immediately after approval of Agreement by the City Commission. CITY may request proof of insurance or the name and phone number of insurer at any time dudng the term of the Agreement, and TOW CONTRACTOR must respond with said proof of insurance within five (5) days of the request. Failure to provide the proof of insurance required in this section or the name and phone number of insurer as requested shall result in automatic suspension of the certificate of qualification and may be grounds for termination of this Agreement with TOW CONTRACTOI~. Co TOW CONTRACTOR shall .supply CITY with a Certificate of Insurance for the coverages and limits as shown in this Section. A thirty (30) day cancellation clause in favor of CITY shall be included in the Policy and the Certificate. TOW CONTRACTOR, at its own cost and expense, shall keep in force at all times, and shall maintain the following dudng the terms of this Agreement: Comprehensive General Liability Insurance with minimum limits of coverage of Five Hundred Thousand ($500,000.00) Dollars per- incident Combined Single Limit for Bodily Injury Liability and Property Damage Liability. Automobile Liability Insurance coverage in the minimum amount of Three Hundred Thousand ($300,000.00) Dollars per person/per incident and prope~ damage coverage of One Hundred Thousand ($100,000.00) Dollars per incident. Garage Keeper's Legal Liability Insurance coverage in the minimum amount of Seventy-five Thousand ($75,000.00) Dollars to protect owners of any and all vehicles and trailers towed or stored by TOW CONTRACTOR pursuant to this Agreement, from any loss or damage to such vehicle or trailer on account of such removal or storage. TOW CONTRACTOR shall provide CITY with Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form acceptable to CITY. Each policy shall provide that CITY is an additional insured, and that the CITY shall be notified by the insurer in writing of any cancellation at least thirty (30) days pdor to the effective date of cancellation. Tow Contract Draft Commission Workshop July 3, 2001 2O Each .and.every insurance poliCy must be issued by companies acceptable to CITY's Risk Management, and licensed, c nd authorized to do business in the State of Florida. Al/Policies at lease six (6) months in duration. ~nce required ~lification. the term of terms and approved by 3.5 3.6 3.7 TO expense, the State TOW CONTRACTOR'S LIABILITY. A. TOW CONTRACTOR shall be liable for any towed vehicle and property contained therein. TOW CONTRACTOR or its employee, representative, or agent shall inventory all personal property contained in each vehicle inside completed. by the officer on the scene. G. The inventory shall be made in triplicate and shall be signed by the person composing it. One copy shall be given to the owner or person in possession of the vehicle, or shall be to the vehicle; one copy shall be forwarded to the Boynton the final copy shall be retained by TOW CON NON-LIABILITY OF CITY FOR TOWED VEHICLES. CITY shall not be responsible or liable in any manner whatsoever for either the collection or payment of any charges for services rendered, including towing and storage. ACCESSIBILITY OF STORAGE FACILITIES. Ali storage areas shall be accessible at any time, day or night, seven days a week, and authorized personnel of TOW CONTRACTOR shall be available during such times to assure that the obligations and services, including retrieval of stored vehicles by the public, required of TOW CONTRACTOR are available and fulfilled. Accordingly, there shall be no "gate fees" charges to CITY or any individual(s) or entity retrieving a vehicle from storage. Tow Contract Draft 21 Commission Workshop July 3, 2001 3.8 PROTECTION OF VEHICLES AND PROPERTY. A. Vehicles and trailers stored in enclosed areas shall be stored under "lock and key." TOW CONTRACTOR shall protect all stored vehicles, and any evidence or personal property contained therein from theft and damage in accordance with all reasonable police department instructions and directives. TOW CONTRACTOR agrees to replace any such article(s) upon verification of the loss be the designated investigative agency representing the City of Boynton Beach or Pal m Beach County. 3.9 INSPECTION OF FACILITIES. A. hall be subject to inspection and shall be approved by of the Certificate of Qualification and the execution of ent, Storage facilities shall be subject to periodic inspections during the term of Agreement when deemed necessary by the City Manager's office or the CITY's Police Department. Notice of any deficiencies or violations of this Agreement discovered by' reSpect to storage facilities shall be submitted to TOW C( n writing, and TOW CONTRACTOR shall remedy the in ten (10) days of receipt of such notice. The Agreement may be the Certificate of Qualification revoked, or suspended at the n of the CITY. 3.10 RELEASES OF VEHICLES AND PERSONAL PROPERTY. A. TOW CONTRACTOR agrees to release any vehicle or trailer which has not been marked "HOLD." Any vehicle or trailer marked "HOLD" shall not be released without the prior written consent of the City of Boynton Beach pOlice Department. All persons applying for release of the vehicle or trailer from TOW CONTRACTOR shall present adequate proof of ownership or dght to posseSSion. Upon release, TOW CONTRACTOR shall give a receipt and itemized statement indicating all charges related to the impounding of the vehicle orr trailer to the owner or person entitled to possession. C. Rightful owners Shall be able to retrieve their towed vehicle or trailer from TOW CONTRACTOR twenty-four (24) hours a day, seven (7)days a week, including legal holidays, provided the appropriate documentation has been flied; Tow Contract Draft 22 Commission Workshop July 3, 2001 Any vehicle or trailer declared to be abandoned, junk or constituting a nuisance may only be released under the authority of the Boynton Beach Police Department. Any customer contacting TOW CONTRACTOR by telePhone or otherwise storage :site shall be advised of the 4.0 each and every document or other item needed to retrieve vehicle; exact charges at the ;time of contact and any additional charges subsequent to contact and before retrieval; the hours and days that the storage site is open for regular business. If all matters are in order, customer shall be returned to possession of the towed vehicle or trailer within thi~ (30) minutes of the request. PERSONAL PROPERTY LOSS. A. CITY shall not be responsible for anY loss or damage to vehicles to trailers, to :any accessories, actions or trai or disposed of in property contained therein, or to any vehicle, ess of the cause of such damage or loss. TOW ~old CITY harmless as to .any claims, suits or vehicles all not be sold way to defray any charges for storage or towing. TOW CONTRACTOR shall be held accountable for all pemonal property and vehicle accessories inventoried at the time the vehicle or trailer is towed, while the vehicle .is stored at TOW CONTRACTOR's storage facility, and while TOW CONTRACTOR disposes of junk~ abandoned and nuisance vehicles. TOW CONTRACTOR shall make restitution to owner for all such losses occurring by theft, fire, or other damage. 4.1 DESTINATION OF TOWED VEHICLE. TOW CONTRACTOR (specified at' other authorized vehicle. ALL CITY Beach County. shall be vehicle towecJ from within the city limits of B0ynton least seven (7) days. Tow Contract Draft 23 Commission Workshop July 3, 2001 not move any vehicle or trailer to any location that designated by a CITY Police Officer or or owner or person in possession of ~ased vehicles towed from a location within Palm Each and every facility within remai that location for at 4,5 RADIO COMMUNICATION, 5.0 C. D. E. All towing vehicles and wreckers must be equipped with two-way radio or telephone communication. The range of the communication system shall, at a minimum, extend throughout the Boynton Beach city limits. Accordingly, the base station for the above equipment must be strong and powerful enough to prOvide city-wide coverage. A citizens band radio is insufficient to meet this requirement. Any radio communication shall, at no time, be tuned into any police frequencies. Guidelines of the Federal Communication Commission (FCC) shall prevail. TOW CONTRACTOR shall, at all times, have a competent employee(s) manning the communication system. TOW CONTRACTOR shall a 24-hour emergency telephone CONTRACTOR employee designated to emergency calls for service. This service is in addition to in subsections 4.5(A)-(D) above, and at' can provide timely and efficient 24 'hours a day, seven days a week. REPORTS A. shall~..........;-~'- make available upon request to the e Department weekly reports of vehicles and trailers towed at Police Department. The written reports will be designed CI~ and the ~following information shall be provided Name and owner of driver; model and make of vehicle or trailer; 5. 6. 7. number; tow; placed on the vehicle by the ti and time of arrival; ; and of employee releasing the vehicle. B. In addition to shall of all periods of thi~ Tow Contract Draft Commission Workshop July 3, 2001 24 of each month. TOW CONTRACTOR a complete'and detailed listing have been impounded or stored for Form to be provided by the CITY. Any vehicle or trailer that has not been claimed for a pedod of thirty (30) days from the towing of the vehicle, shall be reported in writing to the Police Department. C tra vehi. vehicles or trailers shall be the licle or se the C TOW CO ¸. ia to th( A daily log ,intain :at its place of business records and as well as' 5.0(A) of this INSPI 1. for inspection, tOV~ required herein. In order personnel, at all times records of all for inspection by storage facilities authorized CITY relative to shall be kept separate and F, RECOI TOW days p within that available for inspection inancial records related to upon five (5) pedod of throe (3) If an audit has been initiated from the audit have not been Tow Contract Draft ,25 /~-,,, Commission Workshop July 3, 2001 resolved, the records shall be retained and maintained until resolution of audit findings. For monitoring purposes, TOW CONTRACTOR shall submit to CITY's Tow Agreement Monitor ...... *~.,.. .............. j ..... ~ a log sheet detailing each tow made by TOW CONTRACTOR during that month, as well as the amount charged and service given for each tow. A copy of the invoice for each tow should accompany the monthly report. Ho Failure to comply with the provisions and requirements of Section 5.0 of this Agreement shall result in suspension from the wrecker rotation until Such time as TOW CONTRACTOIS, corrects such noncompliance. Should TOW CONTRACTOR fail to comply with any of the provisions of this n the discretion of the City Manager, warrant .recommending termination: of the Certificate of QUalification and TOW CONTRACTOR. 5.1 CO A. CASES. When vel 'e towed from public property, including right-of- ways, appropriate notification, TOW CONTRACTOR has the option of destroying the vehicle or keeping it safe for sale pursuant to Sections 713;78 and 715.05, Flodda Statutes. TOW CONTRACTOR must proceed in accordance with the provisions set forth in Sections 713.78 and 713.05, Florida Statutes. Any breach thereof shall constitute a breach of this Agreement. When vehicles or trailers are towed from private property after receiving the appropriate notification, TOW CONTRACTOR must store the vehicle or trailer for a minimum pedod of thirty-five (35) days, after which time TOW CONTRACTOR has the option to destroy or sell the vehicle °r trailer pursuant to Section 713.78, Flodda Statutes. 5.2 NON-EXCLUSIVITY OF SERVICES, A. The OWner or perso!~ in possession of the vehicle or trailer which has been involved in a~ accident or which has been incapacitated in any other given the* opportunity to contact a wrecker or tow ~, as long as the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person Shall also be given the opportunity to have the vehicle or trailer towed to a garage or compound of his/her choice. B. CITY shall not be liable for any charges for moving, towing, and storage of any vehicle Or trailer;, nor shall CI'I~Y be liable f~r any damages to any Tow Contract Draft 26 Commission Workshop luly 3, 2001 5.3 vehicle or trailer resulting from TOW CONTRACTOR's acts or omissions. All Vehicles and trailers towed under the request of the CITY, including but not limited to Department, Public Works Department, Fire Department, shall be governed by this section. INDEMN TOW this brought ;ITY, its agents, and all claims, the term of )R involving ult of TOW liabilities, ~gs Jecrees which its a result of the TOW 5.4 5.5 In the event any TOW of this the afl the 3N. s shall, arise from this, reasonable attorney's fees s and acknowledges that in the performance , or iScrimination on status, political hiring practices and in ;ES. a conspicuous location at a list of charges, shall also be printed and such ~in possession of 'RACTOR. service that exceeds such perform any schedule without .~n estimate of the ~n of the unposted or Tow Contract Draft 27 Commission Workshop '/'~'~i Suly 3, 2001 '~- unlisted service. 5.6 COMPLIANCE WITH LAWS. This Agreement shall be governed by all federal, state, and local laws, regulations, ordinances, and codes, as amended from time to time, and as set forth by any other regulatory agency, including but not limited to, any and all municipal codes; ordinances, or regulations which may govern CITY as a Flodda municpal corporation. 5.7 NON-ASSIGNABILITY. The Certificate of Qualification shall not be assigned, sold or transferred in any manner whatsoever. 6.0 DISPOSAL OF VEHICLES. Should TOW CONTRACTOR, as a result of this Agreement, have in its possession any vehicle, trailer, or personal property from therein for a period in excess of ninety (90) days, and be ordered to relinquish such vehicle, trailer or personal property to the City of Boynton Beach Police Department, TOW CONTRACTOR agrees to do so with no additional charges to CITY, other than -that specified in this Agreement. 6.5 MODIFICATION OF THIS AGREEMENT. No waiver or modification of this Agreement or any covenant, condition, provision, =or limitation contained therein shall be valid absent the execution and approval of a wdtten addendum executed by both parties. No evidence of any waiver or modification shall be offered or received into evidence in any proceeding, arbitration or litigation between the parties to this Agreement, unless such waiver or modification is duly executed as set forth in this Section. 6.6 ETHICS AND CONDUCT. TOW CONTRACTOR hereby agrees to conduct operations under this Agreement in a courteous, orderly, ethical and businesslike manner. As it is recognized by bOth parties that this Agreement is sensitive in nature and requires TOW CONT~CTOR and its personnel and employees to work with the public on a daily basis, TOW CONTRACTOR is required to extend common courtesies, including but not limited to: A. Expedite release of vehicle in accordance with the terms of this Tow Contract Draft Commission Workshop Suly 3, 2001 in retrieving documents from the vehicle ownership; ;r to remove the auto tag and any unattached personal ns; Explain fully and politely the reason for the tow and all charges levied; and 28 7.0 If a dispute occurs, TOW CONTRACTOR shall attempt to resolve the dispute promptly and politely. If it cannot be resolved satisfactorily, the dispute shall be reported to the City Manager,s Office no later than the next business day. El ut on a Division. a Code by the Procedure. 1. Card System. a. Index cards will be_ arranged in a three-card file system, as follows: i. Class "A" and "B" Wrecker-Companies; ii. Class "C" Wrecker Companies; and iii. Code Enforcement Wrecker (all Class "A"/"B" TOW to participate). iv. City Vehicles b. TOW CONTRACTORS will be filed in alphabetical order,, according to corporate name. c. A TOW CONTRACTOR will be called in rotation order from the card file on a per incident basis. Wrecker Response. a. If TOW CONTRACTOR is unable to respond to a call for service. TOW CONTRACTOR will be moved to the end of the list, thereby forfeiting that rotation. b. The CITY official, agent or employee on the scene requesting the wrecker or tow shall determine whether a wrecker remains on the top of the rotation list in the event of cancellation or other circumstances where the wrecker is not used. Said CITY official shall notify the Communications Division upon cancellation of the tow andthe tow com_eany will retain their position on the rotation list,. c. The next tow company in the rotation will be contacted in the event TOW CONTRACTOR cannot be reached by the CITY's =-,ACTOR has failed to a reasonable time to a hazardous scene. The City.official, agent or employee shall determine, based on his sole discretion, whether the resPonse time was excessive. Tow Contract Draft 29 Commission Workshop July 3, 2001 During the midnight shift, the CITY will reconcile logs on a daily basis, and will gather any reports of problems or incidents that were brought to the attention of the dispatch supervisor, who shall forward the same to the Tow Agreement Monitor within the CITY's Police Department. Rotation Tracking. a, A manual lOg will be used by CIrTy to track all vehicle or trailer tows to include rotation wreckers. b. The log shall contain the date and time of the tow, the tow company, the CITY officer, agent or employee, dispatch, case number, remarks, and a computer check. Specific requests from the vehicle or trailer owner or person lawfully in possession will not be charged against the rotation schedule. The request shall be logged as such by CITY in the manual log. If an owner's request cannot be honored for any reason whatsoever, a rotation wrecker will be contacted and so charged on the rotation schedule. Co 4. Kn~ a. ~ on'Rotation List. ~CTOR is responsible for knowing its position wrecker rotation list. CITY will not provide this. ~ over the telephone. The rotation list is public record pursuant to Chapter 119, Florida Statutes, and is available for inspection, by appointment, during regular business hours. 8.0 CODE ENFORCEMENT TOWING PROCEDURE. A. Purpose. Standard operating procedure is to be utilized for the removal of vehicles or trailers deemed to be abandoned, unregistered or wrecked as described in section. 10-52, City of Boynton Beach Code of Ordinances. The towing of these vehicles are to be at no charge tn the City, Procedure. 1. Tow List. a. Tow lists can be picked up at the front desk of the the CITY's Police Department on the lst, 10~h, and 20th day of each month. All tow lists must be returned to the front desk no later than midnight of the last day of the month. b. Results of the status of each vehicle or trailer will be noted on the list (i.e. towed, gone-on-arrival, or currently licensed). c. Those vehicles or trailers whose status is not verified will Tow Contract Draft Commission Workshop Suly 3, 2001 3O automaticall' roll-over to the next month's tow list. in the rotation and accessible contact hone number to the Police De partment emi tow list. Rotation. a. Wrecker companies shall rotate Code Enforcement tows on b.r C= a monthly basis.: TOW .CONTRACTOR Enforcement the toW list, undertake Code CONTRACTOR.is u perform, it ~shall be Enforcement Rotation, provided in thisAgree ap the CITY's to notify CITY's Code e employee responsible for advance of its month do tows, if said TOW such tows as requested RACTOR is unable to to the end of the Code be subject to penalties as ,rm Code Enforcement ring any twelve (12) lists for ~der the sole discretion 0f~ CITY hereby reserves procedure in an effort to improve upon .the tows in the regular rotation or otherwise.: the rotation schedule or section of the Agreement to place code enforcement 9.O This Agreement shall ResOlution of the City of of one (1) year from th~ for two (2) additional one (11 notice via certified mail to the other yearly term, that the Agreement shall be termi ate the Agreement is ratified by and shall have a term shall be automatically renewed party provides wdtten (30) days of the end of the at the end of the term. 9.1 p between the is an independent for all purposes, Labor Standards Act Contribution Act, the Act, the provisions of the This Agreement does parties. It is the intent oft contractor including but not limited to, the application minimum wage and overtime 'payments Social Security Act, Tow Contract Draft 31 Commission Workshop July 3, 2001 10.0 Intemal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. TOW CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TOW CONTRACTOR's activities and responsibilities hereunder. TOW CONTRACTOR agrees that it is a separate and independent enterprise from the CITY, that it has full opportunity to find other business, that it has make its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This .Agreement shall not be construed as creating any joint employment relationship between the TOW CONTRACTOR and the CITY and the Ci.TY will not be liable for any obligation incurred by TOW CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. NOTICE. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the TOW CONTRACTOR and the CITY designate the following as the respective places for giving of notice: CITY: City Manager City of Boynton Beach P.O. Box 310 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 TOW CONTRACTOR: 10.1 BINDING AUTHORITY. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 10.2 SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not Tow Contract Draft Commission Workshop July 3, 2001 32 be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 10 )reted ation 10.4 EXTEN iREEMENT. This, ~ntire and reement between CITY Tow Contract Draft 33 ~-~ Commission Workshop ~ / July 3, 2001 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY BY: Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. Tow Contract Draft Commission Workshop July 3, 2001 34 IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of 1997. NOTARY PUBLIC MY Commission Expires: WITNESSES: TOW CONTRACTOR BY: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by .law to administer oathS and take acknowledgments, personally appeared , and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of 1997. NOTARY PUBLIC My Commission Expires: WP~GMTS~Towing Agreemeat Tow Contract Draf~ 35 /"~. Commission Workshop ...... r July 3, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR] IV-ANNOUNCEMENTS & PRESENTATIONS ITEM A. 1. Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] Mayl, 2001 March 7, 2001 (5:00 p.m.) [] March 21, 2001 (5:00 p.m.) [] April 4, 2001 (5:00 p.m.) [] April 18, 2001 (5:00 p.m.) [] May 5, 2001 June 5, 2001 June 19, 2001 July 3, 2001 May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Announce July 4th activities by the Recreation Department. EXPLANATION: The City of Boynton Beach Recreation Department will host and conduct the annual 4th of July BIG BLAST event at Boat Club Park on Wednesday, July 4, 2001, from 6:00 - 9:30 p.m. at Boat Club Park, located on US 1, just south of Gateway Blvd. The celebration will include fun, free water activities by Innovative Leisure, a color guard march at 7:00 p.m. and live music by the band "Fast Track" (top 40, golden oldies, Motown and pop and rock). Children can also have their faces painted with stars and stripes. Food and beverage vendors will be on site. Free American flags will be given out to all who attend. PROGRAM IMPACT: The pavilions at Boat Club Park will be on a first-come, first-served basis; some of the parking inside the park will be reserved for dignitaries, vendors and handicap parking. The boat ramps will close at 3:00 p.m., and part of the Intracoastal Waterway will be off-limits to boaters near the fireworks barge (enforced by the USCG Auxiliary Flotilla #54 and the City Police boat). A City fire rescue vehicle and staff will be on-site, and the Police Department and Police Explorers will assist with parking vehicles at off-site locations and with traffic. Recreation and Parks Departments and Facilities Management will have staff on-site to assist with the day's activities. FISCAL IMPACT: Funds approved and included in the FY 2000 - 2001 Recreation Department budget will be used to conduct this community event. ALTERNATIVES: N/A Recreation DepOt Name ~ity Manager's S~gnamre City Attorney / Finance / Human Resources S:~BULLETIN'~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IV-ANNOUNCEMENTS & PRESENTA'rZoN ITEM A. 2 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Cormnission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] Mayl, 2001 March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00p.m.) [] May 5, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.mO NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Coment Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation RECOMMENDATION: Announce that the name of the TnT Concerts has been changed to "Oceanfront Concert Series." These concerts take place the third Friday of the month (except March) at Oceanfront Park from 6:00 - 9:00 p.m. EXPLANATION: The City of Boynton Beach Recreation Department feels that this name describes the event better and provides a better perspective as to its location. PROGRAM IMPACT: We hope to attract more people to this event and increase sponsorship through new, attractive marketing. FISCAL IMPACT: N/A ALTERNATIVES: N/A ~L-~c~ enReerilti~n gn / Department Name "C}ty Manager's Signature City Attorney / Finance / Human Resources S:~BULLETI~FORMS~GENDA ITEM REQUEST FORM.DOC City of Boynton Beach IV-ANNOUNCEMENTS & PRESENTATZONS ITEM A.3 Oceanfront Concert Series (Formerly Known As "Tunes in Town" or "T.N.T." Concerts) 6:00 - 9:00 p.m. Boynton Beach Oceanfront Park A-l-A, Just North of Ocean Avenue The Oceanfront Concert Series Takes Place on the Third Friday of the Month, Eleven Months of the Year! (Enjoy the BOynton Beach G.A.L.A. in March) Get Your Family and Friends Together For a Fun-filled Friday Evening of FREE Live Entertainment at the Beach! Bring Your Blanket or Lawn Chair for an Evening Full of Dancing, Socializing, Delicious Food and Cold Beverages (and a Special Beer Garden for Adults - ages 21 & Over)! June 15th July 20th August 17t' Baffle of the Bands: "Orion", "The Trytones" and "Identity Crisis" (Teen Concert) Straight Shooter (Country) Heidi and The E! Cats (Acoustic Blues) September 21st Island Heat (Calypso/Soca) October 19t" The Scharff Brothers Band (Pop/Rock) A City of Boynton Beach Recreation Department Special Event For More Information, Please Call the Special Events Office at 561-742-6222 Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1, 2001 ~V-ANNOUNCEHENTS & PRESENTATIONS Item B.:La. AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.n~) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May t6, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: The Recreation Department respectfully requests the Mayor to proclaim July 1, 2001 as "CAROLYN SIMS DAY". EXPLANATION: Carolyn Sims began working for the city on July 1'~t, 1961. She continues to be a loyal employee, with a strong dedication towards community service. PROGRAM IMPACT: Making this proclamation will demonstrate the city's appreciation for 40 years of dedicated service. FISCAL IMPACT: N/A ALTERNATIVES: N/A '× ~.,epartment ~ead s S~'~tur'e' / City Manager's Signature Department Name City Attorney / Finance / Human Resources S:'xBULLETINAFORMSXAGENDA ITEM REQUEST FORM.DOC WHEREAS, Carolyn Sims began her career with the City of Boynton Beach on July 1, 1961 as a Pool Attendant at Wilson Pool; and WHEREAS, Carolyn Sims has progressed through the ranks of the Recreation Department as Supervisor I, Supervisor II Supervisor II and is currently the Recreation Manager responsible for programs at the Senior Center, Wilson Center, Wilson Pool and Sara Sims Park; and WHEREAS, Carolyn Sims received the "1987-88 Mayor's Award" from the Greater Boynton Beach Chamber r " of Comme ce; and WHEREAS, Carolyn Sims was selected as the "1989 Citizen of the Year" by Lambda Alpha Alpha Chapter, Omeg~ Psi Phi Fraternity, Inc.; and WHEREAS, Carolyn Sims was selected as "Honoree of the Year" by the Martin Luther King, Jr. Committee in 1993-94; and WHEREAS, Carolyn Sims was selected as "1994 Jefferson Award" winner for Outstanding Community Service from WPEC Channel 12; and the "1994 Citizen of the Year" by the Minority Law Enforcement Council; and Gamma Guaran, for more Boynton WHEREAS, Carolyn Sims was the recipient of the 1996 Outstanding Community Service Award from Sigma Rho Sorority; and WHEREAS, Carolyn Sims was the 1997-98 City of Boynton Beach Employee of the Year; and WHEREAS, Carolyn Sims is a devoted wife married for 42 years to Glaston Sims; mother of Javoro, Mernekia, Meguill and Heather;, and grandmother;, and WHEREAS, Carolyn Sims has been a beacon of goodwill and fellowship in the Boynton Beach community than 40 years; NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Beach do hereby proclaim the July 1, 2001, as CAROLYN SIMS DAY IN WITNESS WHEREOF, I, Gerald Broening, have set hereunto my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Flodda, this 3'~ day of July in the Year 2001. ATTEST: City Clerk (Corporate Seal) Gerald Broening, Mayor City of Boynton Beach V-CONSENT AGENDA ZTEM A. 1 MZNUTES OF THE AGENDA PREVZEW CONFERENCE HELD ZN CONFERENCE ROOM B, cI'rY HALL, BOYNTON BEACH, FLOR/DA ON THURSDAY, JUNE 14, 2001 AT 5:00 P.M. Present Gerald Broening, Mayor Ronald Weiland, Vice Mayor Hike Ferguson, Commissioner Chadie Fisher, Commissioner Hack McCray, Commissioner Dale Sugerman, Asst. City Manager James Cherof, City Attorney Janet Prainito, Qty Clerk ~:ALL TQ ORDER Assistant City Manager Dale Sugerman began the agenda review at 5:00 p.m. Mr. Sugerman noted that there would be a 5:00 workshop on Tuesday, June 19~ regarding the Fire ASsessment Process and Program. · 1V.B,I.a. - Proclamation: =Code Enforcement Officers' AppreciaUon Weeld' Mr. Sugerman requested that the City Clerk's office contact the Code Compliance Division and ask whether they prefer that the Proclamation be entiUed Code ~'or~/~/~ce Officers' Appreciation Week or if the official week is referred to as Code £n,~rcer~e/~z~ Officers' Appreciation Week. V.B.1. - Award ~ANNUAL SUPPLY OF METAL CONTA/NERS AND ROLL-OFFS," Bid #062-2510-01/KR, to Waste ManUfacturing Co., Znc. d/b/a Zndustrial Refuse Sales, for an estimated expenditure of $180,000 Commissioner McCray pointed out that there was only a difference of $1,890 between two companies. He asked why it said "]:ncomplete' under Confirmation of Hinority Owned Business for Waste Manufacturing Co. Mr. Sugerman explained that appropriate documentation was not submitted. V.B.3. - Extend "ANNUAL BZD FOR CUSTODZAL SERVZCES FOR cI'rY FACTLI'rZES," Bid #071-2511-01/KR, to Golden Mark Florida Corp./One Source of Hollywood, Florida for an estimated annual expenditure of $117,075.60 Commission McCray asked how much activity thero was at the 1913 Schoolhouse and thus the need for custodial services. Assistant City Manager Wilfred Hawkins stated that special events were held there and the wooden floor needs to be kept up. It was also noted that the Schoolhouse was used for GALA for three days. Neeting Ninutes Agenda Preview Conference Boynton Beach, Florida 3une 14, 2001 · V.B.4. - Extend "ANNUAL SUPPLY OF REMOTE TOUCHREAD/METER SYSTEM," Bid #072-2821-00/C3D, to Znvensys (formerly known as Sensus Technologies, Znc.) for an additiOnal estimated annual expenditure of $1,000,000 Commissioner Ferguson questioned the amount of this bid and asked if the equipment. Mr. Sugerman stated that the City was buying these Outright ng over the entire system. This will save staff time and the information will be m~re accurate V.C.1. - Proposed Resolution No. R01- Re.' between the City of Boynton Beach and Medical employment related examinations Approving a Contract Office Concepts, Znc. for An additional handout from Human Resources was distributed' to the Commissioners. Arthur Lee, Human Resources Manager, stated that, in the past, the City had several sources to provide medical testing. They have now cOntracted with One doctor, Dr, Lee, :who is resPected by both the Police and Fire Departments. Drug testing, annual physicals for fire and 'police personnel and new employee exams can be done at one place and it is more cost effective. V.C.7. - Proposed Resolution No. R01- Re: Approvin to the Boynton Marina Development Agreement Beach and AERC' of Virginia, znc., Successor Developer, completion date for improv~ments to caSa Loma Blvd. to O~tober im the Commissioner Ferguson thought the incentives would end when Garcia sold the property; however, Mr. CherYl said that ~he incenUves transferred to the new oWners Per the agreement. Mr. Sugerman stated that the balance of the existing development agreement remains in effect. He wi provide a copy of the full deVelopment agreement to the Commissioners. · V.E. - Approve Change PropoSals #22, #25, and #27 four. the Ocean Avenue Promenade project; a~ept the nmi'final accounting report; and :approPriate an additional $50,000 from Reserves for Future Appropriation Account #302-1211- 512-99-03 Mr. Sugerman stated that the design firm Caused this additional expense and they will be at the Commission meeting. They have offered to compensate the City $5,000 in cash and $15,000 in future work. Mr. Sugerman requested that someone pull this item from the consent agenda for discussion at Tuesday's meeUng. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida 3une 14, 2001 · VLB. - Review plans to construct a temporary dog park at Congress Avenue Comm unity Park When questioned by Commissioner McCray, Mr. Sugerman said it had been approved previously; however, there are now additional costs. · VZII. F. 1. - Project Team Reports (From 55 Strategic Initiatives): 6.9 Capital Improvement Program (3uly 3, 2001) Mr. Sugerman stated that this item has been moved to July 17m per a request by Jeff Uvergood. ·VIII. I. - Towing Request for Proposals - Workshop at 6 PM on .luly 3~ for Rate Authorization by City Commission Mr. Sugerman asked the City Clerk to move this item to the beginning of Future Agenda Items. Staff will be making a presentation. X/.B.4. - Proposed Ordinance No. 01- Parking Regulations Re: Initiating Fee-In-Lieu-Of It was noted that there was a revised ordinance handed out at this meeting. Vice Mayor Weiland suggested that this ordinance could use some "tweaking." Mr. Sugerman stated that the CRA had comments also. Mrs. Prainito said that the Commissioners would have copies of the CRA meeting minutes tomorrow. · XI.B.5. - Proposed Ordinance No. 01- Re: Economic Incentive for CRA It was noted that there was a revised handout on this ordinance. · XLB.6.- Proposed Ordinance No. 01- Re: Planned Industrial Development District (PID) Economic Incentive - It was noted that there was a revised handout for this ordinance. · Discussion on comment cards: Vice Mayor Weiland had a concem that dudng public audience, people were speaking on various topics that they did not list on their comment cards. Mayor Broening and Commissioner Fisher stated that they do not have a problem with people in the audience talking about any subject during Public Audience. Vice Mayor Weiland said that if it didn't make a difference to anyone else, he would support the consensus of opinion. 3 Meeting Minutes Agenda Preview Conference Boynton Beach, Florida June 14, 2001 There being no further business, the meeting properly adjourned at 5:25 p.m. CTI'Y O:F BOYNTON BEACH Mayor Vice Mayor ATTEST: Commissioner City Clerk Bonnie Glinski Deputy City Clerk (one tape) Commissioner Commissioner 3:\SHRDATA\CC~WP\MINUTES~COMt4\061401 Agenda Preview.doc MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, ON TUESDAY, JUNE 19, 2001 AT 6:30 P.M. BOYNTON BEACH, FLORIDA V-CONSENT AGENDJ ]:TEM A. 2 PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Mike Ferguson, Commissioner Charlie Fisher, Commissioner Mack McCray, COmmissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: Call to Order- Mayor Gerald Broening Invocation, Rev. George Sweeting, Church of God Pledge of Allegiance to the Flag led by Commissioner Chadie Fisher Mayor Broening called the meeting to order at 6:30 p~m. Reverend George Sweeting offered an invocation, followed by the Pledge of Allegiance to the Flag led by Commissioner Charlie Fisher. D. IF YOU WISH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRIATE REQUEST FORM GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES E. Agenda Approval: There were no additions, deletions, or corrections to the agenda. Commissioner Ferguson moved to approve the agenda. Commissioner Fisher seconded .the motion that carded unanimously. II. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS BOb Ensler, 26 Woods Lane, Boynton Beach, spoke of the serious water shortage facing South Floridians. Mr. Ensler read from a report by the South Flodda Water Management District that predicted potentially dire effects if the drought were to continue. Mr. Ensler praised the Commissioners for their new rate schedule that would put a price on wasting water, but he wanted to go further. He wanted the Commission to appoint a Blue Ribbon Panel composed of key people from ithe community to find ways to save water and make recommendations to the Commission. This would allow the City to take the lead in providing solutions for a very sedous problem. Steven Bell, 133 S. 11"~ Street, Lantana, spoke about the vanishing green space due to urlbddled development and urged the Commissioners to do what they could to preserve the Quantum Scrub. He called on the Commissioners and the citizens to be proud that the 1% of remaining scrubland in the County was in its borders. He suggested that the City put maps in -! MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 its newsletter showing the natural areas remaining in the City to alert the public to their diminishing status. Mr. Bell suggested some kind of land swapping as an alternative to this problem. He n Beach, g; Fisher blic Works Director Jeffrey Dale Sugerman, Parks Director Blasie of Code Enforcement. Mr. Suss praised the recipients' Pat Marshall, 305 S.W. 5th Lane, Boynton Beach, spOke of a concerning a building permit. His feet to 36 feet to satisfy Boynton Bea~ intent of the COde was to prevent Mango Heights, it was legal relief, ng advised Mr. meeting. problem he was having ~ of 34 le Code III. ADMINISTRATIVE: A. Accept resignation of Dick Lambert, Alternate Member, Code Compliance Board Motion Commissioner Ferguson moved to accept, with regret, the resignation of Dick Lambert from the Code Compliance Board. Commissioner McCray seconded the motion that carried unanimously. B. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date Mayor Broening Children & Youth Advisory Bd Stu/Reg/NV* 1 yr term to 4/02 II McCray Bldg.'Bd of Adj & Appeals Reg 3 yr term to 4~04 III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4~02 IV Fisher Cemetery Board Reg 3 yr term to 4/04 Mayor Broening Code Compliance Board Alt 1 yr term to 4/02 Mayor Broening Education Advisory Board Reg 2 yr term to 4/03 I Weiland Education Advisory Board Alt I yr term to 4/02 II McCray Education Advisory Board Stu I yr term to 4102 IV Fisher Golf Course Adv. Committee Alt 5 yr term to 6/06 Mayor Broening Golf Course Adv. Committee Alt 5 yr term to 6106 Mayor Broening Library Board Reg 3 yr term to 4/04 Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4103 (Tabled-2) (Tabled-2) (Tabled-2) (Tabled-2) (Tabled-2) (Tabled-2) (Tabled-2) (Tabled-2) (Tabled-2) (Tabled-2) (Tabled-2~ MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 I Weiland Nuisance Abatement Board Alt 1 yr term to 4/02 I Weiland Recreation & Parks Board Alt I yr term to 4/02 Mayor Broening Senior Advisory Board Reg 2 yr term to 4/03 I -Weiland Senior Advisory Board Reg 2 yr term to 4/03 II McCray Senior Advisory Board Alt 1 yr term to 4/02 *Non-Voting (Tabled-2) (Tabled-2) (Tabled-2) (Tabled-2) (Tabled-2) Vice Mayor Weiland appointed Joan C. White as a regular member of the Senior Advisory Board. Mayor Broening appointed Herb Suss as a regular member of the Library Board. He also appointed Christine Wilson as a regular member of the Senior Advisory Board. Ail other appointments were tabled. Motion Commissioner Fisher moved to accept the appointments. Commissioner McCray seconded the motion that carded unanimously. IV~ ANNOUNCEMENTS & PRESENTATIONS; A. Announcements: 1. Palm Beach County Immunization Van will be at the Boynton Beach Civic Center on Saturday, June 30, 2001, from 10 AM until 2 PM 2. Invitation for the COmmunity to participate in the 2001 Multicultural Festivities on Saturday, June 30, 2001, from 12 noon to 6 PM at the Children, s Museum Plaza on Ocean Avenue Mr, Dan DeCarlo, Neighborhood Specialist, made the above announcements. He advised that them would be a booth at the Multicultural Festival for Qufu, Boynton Beach's sister city in China. B. Presentations: 1. Proclamations: a. 'Code Enforcement Officers' AppreciatiOn Week' - June 25-29, 2001 Mayor Broening read a proclamation declaring that June 25-29, 2001 would be Code Enforcement Officers' Appreciation Week and presented it to Scoff Blasie, who accepted it on behalf of the Code Compliance Division. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19. 2001 CONSENT AGENDA: 2. Regular City Commission Meeting of June 5, 2001 B. -Recommend Approval - All expenditures are approved in the 2000,2001 Award "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL- OFFS," Bid ttO62-2510-01/KR, to Waste Manufacturing Co., Inc. d/b/a Industrial Refuse Sales, for an estimated expenditure of $180,000 Award "MODIFICATION TO THREE (3) EXISTING HVAC SYSTEMS OS Extend "ANNUAL BID FOR CUSTODIAL SERVICES FOR CITY FACILITIES," Bid ~K)71-2511-01/KR, to Golden Mark Florida Corp./One Source of Hollywood, Flodda for an estimated annual expenditure of $117,075.60 Extend "ANNUAL SUPPLY OF REMOTE TOUCHREAD/METER SYSTEM," Bid f~072-2821-00/CJD, to,!nvensys Meter Systems (formerly known as Sensus TechnOlogies,' INC.) for an additional year for an estimated annual expenditure of $1,000,000 o Approve the "piggy-back" of THE SCHOOL DISTRICT OF PALM BEACH COUNTY, Bid ~00C-88P awarded ;to S & F Construction Inc. for the "CONSTRUCTION OF A PAVILION AT BOAT CLUB pARK," in the amount of $36,183 (PROPOSED RESOLUTION NO. R01-203) o Award ,RE-SEAL ROOF. OF POLICE STATION LOCATED AT 100 E. BOYNTON BEACH BLVD.," Bid ~066-2511-01/CJD to Advanced Roofing, Inc. in .the amount of $48,825 (PROPOSED RESOLUTION NO. R01-204) 7. Award "PURCHASE OF UNIFORMS - TWO YEAR CONTRACT," Bid ff053-1412-01/CJD to various vendors with an estimated annual expenditure of $250,000 Resolutions: Proposed Resolution No. R01-205 Re: Approving a contract between the City of Boynton Beach and Medical Office Concepts, Inc. for employment related examinations Proposed Resolution No. R01-206 Re: Increasing the local Communications Services Tax rate and waiving the permit fee on telecommunications companies that occUpy municipal rights-of-way 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Proposed Resolution No. R01-207 Re: Approving purchase of the ALERT AM Emergency Advisory Radio Station the Proposed Resolution No. R01-208 Re: Accepting Letter of Credit no. BA 455 from BankAtlantic in the amount of $76,900 as surety for construction of the water and sewer systems serving the project known as Lester PUD, Plat 6 Proposed Resolution No. R01-209 Re: Reducing the Letter of Credit for Tuscany on the Intracoastal (formerly Bay Vista) from $338,580 to $16,929 Proposed Resolution No. R01-210 Re: Approving and authorizing the signing of the Joint Participation and Funding Agreement with Palm Beach County for the construction of Hypoluxo Road from Military Trail to Congress Avenue, authorizing an expenditure not to exceed $51,985 for the relocation,~ adjustment or construction of utility lines Proposed Resolution No. R01-211 Re: Approving an addendum to the Boynton Marina Development Agreement .between the City of B0ynton Beach and AERC of Virginia, Inc., Successor Developer, extending the completion date for improvementS to Casa Loma Blvd. to October 15, 2001 Commissioner Ferguson removed this item from the Consent Agenda for discussion. D. Ratification of Planning & Development Board Action: None Approve Change Proposals #22, #25, and #27 for the Ocean Avenue Promenade project; accept the semi-final accounting report; and appropriate an additional $50,000 from Reserves for Future Appropriation Account f~302-1211- 512-99-03 Commissioner Ferguson removed this item from the Consent Agenda for discussion. Approve the expenditure of $4,000 from the Flodda Law Enforcement Trust Fund to support the Juvenile Transition Center, Inc. ESTEEM Program Approve an additional expenditure of $1,605 to Purchase Order #11213 to County Lawnscape, Inc. for an i~gation system located at the City's 6= Avenue Demonstration Garden, for a total of $11,277.46 Approve the designation of $3,000 from Vice Mayor Weiland's discretionary account to Forest Hill Park for the purpose of purchasing and installing a replacement picnic shelter. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Motion Commissioner Fisher moved to approve the Consent Agenda as amended. Commissioner Ferguson seconded the motion that carried unanimously. Commissioner Ferguson believed the developer was aware of the deadline to complete Casa Loma BouleVard a~d that failure to meet-th~ deadline of May 7, 2001 was cause for some "giveback" of the $770K in incentives the City had made a part of its agreement. Mayor Broening opened the public audience. Herb Suss, resident of Boynton Beach, agreed but wanted to see a shovel in the ground with completion by year's end or WithdraWal of the incentives by the City. There being no other persons wishing to speak on the topic, Mayor Broening closed the public audience. Bruce Jarvis, the developer, gave a history of the Marina project since he took it over last December. He was aware of the frustration on the part of the City about the request for an extension on Casa Loma Boulevard, but explained that they had completely resurveyed the property, re-examined all existing permits and brought the ones that were not acceptable into compliance. Most significantly, Mr. Jarvis had successfully enlisted the active participation of the Two Georges and felt that this would lead to a successful conclusion to this project. Through the survey work and the participation of the Two Georges they had significantly improved the design of Casa Loma. His targeted construction start date on Casa Loma from Ocean Avenue eastward including the overlook was July 16, 2001. Prior to that they would begin construction on the temporary parking. Mr. Jarvis reported that he had corporate funding approved to complete Casa Loma, the Marina, and the attendant landscaping. He also had design funds for Phase 2, the residential and parking structure pieces of the project. As they go to th~ capital markets to obtain debt and equity financing, they have experienced problems with the .sPecific performance dates in the development agreement that they inherited. The developer asked for a four-month extension on the original May 7, 2001 deadline for the Casa Loma portion of the Marina project. The project would be complete in two months from the start date of July 16, 2001 except for the final pavers and last lift of asphalt, which would be delayed to prevent damage during other construction. The developer's attorney requested extensions on the infrastructure deadline from January 1, 2002 to January 1, 2003 and for total completion, from January 1, 2003 to January 1,200;i,. They had not yet obtained a building permit and believed that in order to do .the project correctly, including presentations to the various Boards, that these extensiOns were necessary. CityPlace, which had been twenty years in the making, was given as an eXamPle of a la~e: pr(~ject ~at had taken many years to bring to fruition. The developers believed the progress at the Marina was moving fOrwar(J steadily. Commissioner Fisher cited the $750K in incentives, saying that the City wOuld expect, then, that the Casa Loma project would be completed and the restaurant phase started before the end of 2001. Mr. Jarvis affirmed that this was correct and that they would Start piling work on the MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 restaurant and the 22K square foot section paralleling the Madna by mid-October or November of 2001. Michael Weinert, the developer's attorney, expressed concern about some of the language in the develOpment agreement they had inherited and ~requested various modifications, including a discussion of the issue of incentives. He stated that' they had been required to post a $750K bond to protect the City's incentives, in spite of the fact that the City had not yet spent any money. Mayor Broening said haste made bad products and he had been disappointed in some of the Work done in the Matina area, which lacked many amenities that the people in South Florida expected. He was heartened by a total review of the project ,by a credible, well-financed organization that had built a team with a track record of doing things. He thought the Commission should be flexible and grant additional time since this would be the signature product for the City. He reminded th~ Commission that the developer would have to take it to the CRA before it came to the Commission. Motion Vice Mayor Weiland moved to approve granting an extension to the completion date on Casa Loma Boulevard to October 15, 2001. Commissioner Fisher seconded the motion. Commissioner Ferguson said the Marina was the lynchpin of the entire downtown area and his problem was that the developer's vision was not large enough, and this was why he wanted to hold them accountable for the delay. Mr. Bressner suggested that those who supported the motion might want to add a subsequent motion directing the City Manager to assemble the necessary staff team to work with the developer, and report back to the Commission at the first meeting in September. That would give the developer an opportunity to go to the CRA, make their modifications to the Plan, and staff could coordinate and make a report to the Commission. At that time, some specific suggestions for language in the development agreement could be presented also. The City Manager's office would, along with the Development Department, be responsible for moving the project forward. The motion passed 4-1, Commissioner Ferguson dissenting. Motion COmmissioner Fisher made a motion to direct the City Manager to put together an accountable s~ff team to make sure that this project proceeds on a fast track, and that the developer does not have to wait for staff or the CRA to meet this deadline. Commissioner McCray seconded the motion. The motion carried 5-0. Consent Agenda Item E MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Commissioner Ferguson stated that the backup showed that the original design had an error ~n it in the amount of $33,000. He wanted to know if the City would be able to get some of that back from the person that had done the work. Mr. Sugerman, Assistant City Manager, said that the or $1~ measurement e These for in of¸ Design ~ineer. Mr. Bressner asked if the unit prices that were charged as a result of the Change Orders had been the same as the bid prices and Mr. Sugerman replied in the affirmative. Motion Commissioner Ferguson moved to approve Consent Agenda Item V.E, subject to the payment of the $5,000 cash and $15,000 credit for future services. Commissioner Fisher seconded the motion that carried 5-0. VI. CITY MANAGER',S REPORT: Postpone development of interim improvements to Girl Scout Park site pending. future master plan development of the full site The Recreation and Parks Board recommendation, as a result of the public forum, was not to proceed with the proposed improvements at this time. They recommended that the item be tabled and that the City focus its efforts on the Zill property that was located in the same general area. Vice Mayor Weiland agreed with staff's recommendation at this time but noted that from Woolbright Road and Congress Avenue east to the Intracoastal and south to the Delray/Boynton line, there were 8,900 registered voters. The City sent out 300 to 400 letters to people in the immediate neighborhood Girl Scout Park, Sixteen people showed up at the meeting and 10 to 12 of them said NIMBY (Not in My Back Yard). Vice Mayor Weiland envisioned a park for the South end of the City like the Meadows Park on Congress Avenue. The proposed neighborhood park on the Zill property was very small, and would only be used by the people in the area immediately adjacent to it. It would be an isolated park that would not generate much public awareness. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Motion Commissioner Ferguson made a motion to suspend active planning for improvements at Girl Scout Park at this time. Vice Mayor Weiland seconded the motion. Commissioner Fisher concurred with Commissioner Weiland and wanted to see staff continue to work on the Master Plan revisions to address the park needs in the south end. Vice Mayor Weiland said this was already part of the 55 Initiatives and would be addressed in that context already. Mr. Bressner suggested that staff should be directed to work with the Recreation and Parks Board to prepare a sector plan for the southeast quadrant of the City to update the Park Master Plan and provide a report back to the Commission by December 1. Commissioner Ferguson agreed with this amendment to his motion. Commissioner Fisher seconded the amended motion. The motion passed 5-0. Review plans to construct a tern porary dog park at Congress Avenue Community Park Mr. Bressner reported that the original estimate for a temporary dog park was prepared before water restrictions became an issue. The use of recycled water has been suggested as an alternative. This brings 'the total cost of the project to $46,000. Recycled water allows for the frequent watering needed for newly sown grass. The Commissioners have to decide whether to use the recycled water or the City water system and what they want to do about this project. Mayor Broening opened the public audience. Herb Suss, resident of Boynton Beach, thought it made no sense to have a dog park so close to the one at Lake Ida Park in Delray Beach. He wanted to see the $46K used to purchase the services of another policeman or fireman. James Mlriana, 728 N.E. 8"' Avenue, Boynton Beach, stated that although he was a dog lover, he did not believe the expenditure was justified. He thought the cost for removal had not been taken into consideration and that the project would probably cost even more than the current estimate. Jerry Gerardi, 2531 S.W. 11"' Court, Boynton Beach, said he was a resident of Golfview Harbour and had lived in the area for 22 years. He had been pleased with the Commission's decision to build a dog park. He was concerned that the recycled water, or sewer water as he called it, might have unfavorable health impacts. He thought that all the other parks around the City might also experience cost-overruns due to the use of recycled water: Mr. Gerardi suggested that the City go with the original plan cost, use the grey water if absolutely necessary, and make the facility permanent. It was still the cheapest altemative available. He remindedrthe Commission that more than 1,700 residents of Boynton Beach and Palm Beach County had .signed a petition requesting a dog park. Wherever the park was established, he MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 suggested that it be dedicated to Zeus, the police dog who lost his life in the line of duty recently. Anne Centi, 13C lot to expend the )ut ,rve: more Terry Pereira, 7692 Colon favor stated that he had never been in even thought the project should be Mr. Pereira .~d. There being no further requests to speak on the topic, Mayor Broening closed the public audience. Commissioner McCray was disturbed about the cost and the temporary nature of the project and did not think the cost of the employees to maintain the site had been taken into consideration. He was against spending the public's money for this project: Commissioner Fisher thought it made sense to use the pre-existing dog park at Lake Ida and that the two locations were too close together. In light of the proximity of the sitesi he favored allocating the money to fund improvements to the WilSOn Pool or the Hester Center. Vice Mayor Weiland spOke of the expressed need for green space that he had heard over the last three years. Here was an opportunity to have green space for $20,000 and no one was willing to spend it. He was in favor of keeping this slt_e and making it a permanent one although the term permanent was subject to the Commission s discretion both now and in the fUture. He was disturbed that there: was no place in the City where dogs could run free. _H,e believed the extra $20K 'could be found in ma~y different places, including the Commissioner s discretionary funds. He referred to the City's payment to use water ~rom the recycled water line and wondered if the City was getting a fee from the SCRWTD Board in Delray touse Boynton Beach's right-of-way to lay the pipe a There would be no traffic congestion if the Park were I =there was no reason to'disallow this dog park in Boynton BeaCh. Motion Vice Mayor Weiland made a motion to approve the dog park and seek funding sources, offering money from his discretionary fund and asking Legal staff for its interpretation of the word temporary and permanent. If the dog park coUld be made permanent, he wanted to do that at this meeting. The motion failed for lack of a second. Mayor Broening set the record straight on the sewer water, saying that even if it did not pass the test for potable water because it was wastewater, it was good. He spoke of exercising his own dog in the backyard of his house. He saw the primary issue as One of planning. They were l0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 willing to wait for twenty years for the Marina project to be planned, designed and funded to become what it should be. He was not convinced of the location or that $40K+ is enough to do justice to a real dog park. He hoped the City could find a location for a permanent dog park that would be more centrallylocated. Motion Commissioner Fisher made a motion to direct staff to look, as it goes through the development process, for a permanent location for a multi-use park to include a dog park that is not near a pre-existing location and makes sense logistically for the City as a whole. If a more suitable location arose, he wanted staff to bring it to the Commission's attention. Mr. Bressner said this had already been done in the report that had provided a number of alternate sites and the only site that was even potentially viable was the Congress Avenue site. The analysis had included issues of functionality with respect, to adjoining land uses .or other recreational uses on the property. Mr. Bressner suggested that unless there were some specific sites that the Commission wanted looked at, they would be putting something on the docket that would probably not come to fruition. Commissioner Fisher wanted the record to reflect that this CommisSion.did want to have a dog park when a suitable site became available, for the benefit of subsequent Commissions. Commissioner Fisher offered an amended motion. Motion COmmissiOner Fisher moved to direct the Recreation and Parks Board to consider the possible need for a dog park and incorporate it into their planning process as an item to be done. C. pmmissioner McCray seconded the motion that carried 4,0. Vice Mayor We#and left the dais during the VOte. Report on Restoration of Second Stormwater Emergency Bypass Route for Estates of Silverlakes Retention Lake Mr. Bressner stated that he disagreed with the position taken by staff on this issue and looked to the Commission to make a policy decision indicating that this was a public project. Staff could not expend public dollars until this policy decision had been made. Mr. Bressner related the entire history of the retention pond and outfalls in Silvedake Estates and outlined the points on both sides of the issue since the subdivision,s inception in: 1977. If the one remaining outfall were to fail and allow flooding of the 169 homes in Silverlake Estates, a major expenditure of public resources would be required. This was the basis from which the premise of public benefit had been derived. Mr. Bressner believed it was in the best interests of the City to restore the blocked outfall and asked that the Commission declare it a public project for the City to correct the drainage problem within the public right-of-way and that in the event of structural problems in the pipe that extended into private property, the homeowner's association would be responsible: Although both public and private works were involved, it would be done as one project to save costs: Mayor Broening opened the public audience. 1] MEETING MINUTES REGULAR CITY COMMISSION BOYNTON :BEACH, FLORIDA JUNE 19, 2001 Terry Pereira, resident of Boynton Beach, Mr. Pereeire thought itwas a pdvate issue and that the City should not: get involved. He thought if the City took on this project, it would open the doors for developments all over the City to demand that the City fix their drainage problems too. Mr. Perieira believed that the resider ;500 each to handle the cost of this money go towards: this project. Lori Wilkinson, 2458 S.W. Cranbrook Drive, Boynton Beach, resident of Silverlake Estates advised that the homeowner's association had been working intermittently with the City on this problem since 1980. Ms. ~Wilkinson asked the Commissioners to support Mr. Bressner's suggestion. Ms._Wilkinson remarked that there had been damage to homes from the flood two eople had to replace carpeting and other damage. The flooding came about beca~ did not have enou~, by the taken a stand asking p for ne fact that Mr. had Since there were no further requests to speak on the topic, Mayor Broening closed the public audience. Commissioner Fisher thought Silverlake Estates should have come to r the Commission fifteen years ago when the outfall became blocked. He was concerned about the "persons unknown" aspect of the case. He had two town meetings with residents who had experienced flooding:for the past fifteen to twenty-five years because the City never assigned someone to fix their drainage. The City was I(~oking at a partnership with SilVeriake Estates and in his opinion it was not op~ning a floodgate for other people or developments to come in. They town meetings that the fix might come from the City, the County, or the Lake District but that the City was looking at partnerships with the homeowner's was a good example of that. He was concerned that if the City did not fix this ~ came and 15-20 homes were lost due to flood damage, that their re,sale be high due to a history of flooding. This would damage the City's tax base; sense to fix it. Vice MayOr Weiland did not understand why the Commission was even looking at the issue. He agreed With Mr. pereiraand he had disCussed it with Mr. BresSner earlier in the day. If he had a hOle in his 'roof for the last fifteen years and chose not to fix it and had water damage, that would be his fault. He was against the City,s participation in the project. Mayor Broening asked if the people in. Silverlake Estates paid the $6.00 ERU st0rmwater assessment ar{~! the :ansWer was yes. Mayor Broening calculated that this came to about $18,000 a year. Mayor Broening spoke to the 'persons unknown' theory and had understood from conversations with long time residents that a former City employee may have gone in and done some work that had r~egatively affe, cted the drainage syste~t. This could nOt be proved but was a factor in Mayor Bro~ning's decision. He did not wantto put public money into Private 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 property but at the same time, Commissioner Fisher made a case for retaining property values in a very valuable part of the City from the tax base standpoint. He had empathy for the residents and believed there was some responsibility on the City from a legal and moral standpoint. Vice Mayor Weiland said that the $6 ERU did not pertain to the streets in High Point, Silverlake Estates, or Leisureville. It was to pay for improvements throughout the City of Boynton Beach that assured each one the residents safe paSSage through streets, not just streets in Silverlake Estates or Leisureviile. Vice Mayor Weiland did not believe that the $6.00 ERU had anything to do with the decision of whether or not to spend this money. He had read that the City should do something about, the collateral damage that had occurred to streets and yards during the storm two years ago. However, he said this had been Suffered by all of BOyntOn Beach. Mr. Cherof commented that the City had no liability because it was private property and the City was nOt maintaining the drainage system. Even if the damage to one of the drainage outlets had been caused by the City at some time in the past, the City had no: liability for that today because so much time had paSsed that the .Statu~e of Limitations had been exceeded for a claim. If the City goes liability to wo the association is the potential for ; end result of the was a public purpose to spend agreement with the homeowners association to insure against that Motion Commissioner Fisher made a motion to direct staff to work in partnership with the Silverlake Homeowners' AsSociation to Estates . complete the back-up drainage system along with directing the homeowners association to hold the City harmless in the event of anything that may happen in the future. Commissioner Ferguson seconded the motion. Commissioner Ferguson asked Commissioner Fisher if he would mind amending his optiOn to allow for a cost not to exceed $65K? Commissioner Fisher agreed with this amendment. The vote passed 4-1, Vice Mayor Weiland dissenting. Mr. Bressner thanked the CommisSioners for their deliberations pro and con on the issue. Project Team Reports (From 55 Strategic Initiatives): 1. 2.10 Permit & Development Review Process .Ms. Lusia Galav, Principal Planner in the Planning & Zoning Department, and team leader for Strategic Initiative 2;10, presented a status report on this topic. This was a joint Chamber/City initiative. The team members were Ms. Galav, Mr. Bressner, Jeff Livergood from Public Works, Tim Large, Building Code Administrator, Scott Blasie, Code Compliance Administrator Ed Yates, OCCunational LicenSe Manac~er, Jeanne Heavilin, representing the ~RA Board a~d the Chamber enid Jos~ Aguila represen~ng the CRA Board; The commitment to 13" MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 make things better ,was unanimous among the team, members. Seven meetings had been held since March, including a workshop that was attended ,by six members of the community. The group was trying to create a facilitative approach to the develo They were Sr 2) 3) 4) 5) the 6) Structure to Include a Liaison The liaison' would take applications. Galav said there This liaison be one person; that on their n. Ms. Commissioner Fisher suggested that the team quantify its goals by a percentage or some other method. Ms. Galav explained that they Were still analyzing the process ~nd locating the glitches. She envisioned a final report thai inCluded goals and an implementation procedure, Ms. Galav's complete report is available with the mfnutes in the C~ty Clerk s o ce. 6.5 Citywide Storm Drainage Projects Dale Sug project team carrying project will be added to thei Phase 1; 2) Industrial Downtown Stormwater,Phase 2; 5) I~ 6 Water Main replacement; 6) Improvements; and 7) Citywide all projects. The Utility and the community available with the minutes in t report on this project. This !Jtilities Department staff. The Silverlakes Downtown Stormwater ~ Costa Bella SW Project; 4) Outfails to the ICWW/Phase Replacement and Stormwater was reported on I energetically on behalf of · results. Mr. Sugerman's detailed report is begin and Mr. Sugerman replied that the City ~taff from the people who had attended the town staff was and how comfortable they felt that their ~. Mr. Sugerman commented that 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE19,2001 his staff had also enjoyed the brainstorming sessions with the residents and thanked Commissioner Fisher for sponsoring the meetings. Commissioner McCray asked for assurance from Mr. Sugerman that when the projects went before Engineering that they would be looked at so there would be no surprises in the form of requests for extra money. Mr. Sugerman stated that this promise could not be made because whenever you dug something up, you had nO way of knowing if the people who had dug there previously had recorded things correctly. D. Status Report on Charter School Proposal Mr. Bressner reported that the Charter School wanted to open up a school in Boynton Beach this fall. The City had looked into two vacant City-owned properties for their temporary use. This would require a lease agreement with the school and a Master Plan amendment that would have to be heard by the Planning & Development Board. A draft lease agreement will ~3e on the July 3 Commission agenda; a proposed meeting with the Planning & Development Board is set for July 17 regarding a Master Plan amendment; and an informational meeting is planned for residents on June 28at 7 p.m. in Fire Station #3. Overall, Mr. Bressner thought it would be good for the community to have the charter school and the City was trying to facilitate it but it would be challenging to get it all done in such a short pedod of time. Commissioner Fisher said that the architectural design should be reviewed by the affected homeowner's association ahead of time. Mr. Cherof commented that the draft lease agreement did provide for a site plan review. E. Utility System Revenue Refunding Bonds, Series 2002 Mr. Bressner spoke of the refinancing of the $24M in utility bonds. Several months ago they estimated that the yield would be $2.2M' and he was happy to advise that the yield was actually $2.458M. Because they would not be taking receipt of the funds until August 1, 2002, the City would accrue an additional $200K so the net gain to the City was about $2.6M. He thanked the people who had worked to achieve this, mentioning Diane Reese, John Guidry, the bond attorney, and the underwriters. VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS None VIII. FUTURE AGENDA ITEMS: ke Towing Request for Proposals - Workshop at 6 PM on July 3~ for Rate Authorization by City Commission B. Status report on new meeting schedule for advisory boards (July 3, 2001) Co Discuss adoption of a comPrehensive Water Conservation Strategy for all water customers of the City of Boynton Beach Utilities - (TABLED ON MAY 1ST _ WILL BE DISCUSSED ON JULY 3=) MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Do Community Development Block Grant Program. Review of One-year Action Plan (July 3, 2001) E. ComprehenSive Plan Amendments (July 17, 2001) Fo Application for funding Traffic Control Island 55 Strategic Initiatives): Project Team Reports (From 1. 6,9 2. 5.1 3. 5.2 Concerts 4. 1.2 Arts Commi,~ ~17,2001) (SePtember 18, 2001) Community Development Block Grant -Review of Grant Applications (August 7, 2001) Review of City Noise Regulations (August 2001) IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: None Xl. LEGAL: Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 01-26 Re: Amending the Comprehensive Plan Future Land Use Map from Office Commercial (OC) to Local Retail Commercial (LRC) for the subject :1: 0.73-acre property for A Pink Princess Attorney Cherof read Proposed Ordinance No. 01-26 by title only. Mayor Broening announced the public hearing. There was no one present who wished to speak on this Ordinance. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-26. Commissioner McCray seconded the motion. City Clerk Prainito polled the vote. The vote was 5-0. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 2. Proposed Ordinance No. 01-27 Re: Approving the rezoning of + 0.73-acre property from Office Professional (C-1) to Neighborhood CommerCial (C-2) for A Pink Pdncess Attorney Cherof read Preposed Ordinance No. 01-27 by title only. Mayor Breening announced the public headng. There was no one present who wished to speak on this Ordinance. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-27. Commissioner McCray seconded the motion. City Clerk Prainito polled the vote. The vote was 5-0. B. Ordinances - 1=t Reading 1. Proposed Ordinance No. 01-25 municipal elections from the second Tuesday in November Attorney Cheref read Proposed OrdinanCe No. 01-25 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-25. McCrey seconded the motion. City Clerk Prainito polled the vote. The Commissioner Fisher dissenting. Re: Changing the date of Tuesday in March to the first Commissioner Vote was 4-0, Proposed Ordinance No. 01-28 Re: Approving revisions to the Cross-Connection control and Backflow Prevention ordinance, modifying the types of backflow prevention units that are acceptable in certain circumstances, and requiring increased bacldlow protection in areas served by wastewater reuse systems Attomey Cherof read Proposed Ordinance No. 01-28 by title only. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 01-28. Commissioner Ferguson seconded the motion. City Clerk Prainito polled the vote. The vote was 5-0. Proposed Ordinance No. 01-29 Re: public rights-of-way for communications facilities Regulating the use of Attorney Cherof read Proposed Ordinance No. 01-29 by title only. 17' MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Motion Commissioner Ferguson moved to approve Proposed Ordinance 01,29. Commissioner Fisher seconded the motion. City Clerk Prainito polled the vote. The vote was 5-0. 4. Proposed Ordinance No. 01-30 Re: Of Parking Regulations Initiating Fee-In-Lieu- Attorney Cherof read Proposed Ordinance No. 01-30 by title only. Commissioner Ferguson asked to amend the Ordinance, Section 4.E, which had a timetable. He wanted the fee to be "0" up through September 30, 2002 and have each level changed to September 30 since that was the end of the fiscal year, making it easier at budget time. Vice Mayor Weiland thought fee-in-lieu was a good idea and pointed out that several businesses in the Ocean Avenue area could benefit from such a program. Motion Vice Mayor Weiland made a motion to table the issue while the CRA looked at it before sending it to the Commission. The motion failed for lack of a second. Quintus Greene, Development Director, said that the CRA had considered this topic at length in its recent workshop and at its regular formal meeting on JUne. 12. Commissioner Ferguson attended the meeting and said there had been varying opinions on the dollar amounts and length of time for the matrix. Commissioner Fisher was in favor of extending it to September but thought that the "0" should be extended to September 30, 2003 to serve as a greater incentive for development of the area. Mayor Broening was in favor of an interval of time and not specific dates and asked for the reason behind the dates. Mr. Greene said that developers did not like uncertainty and the earlier you got in the less you would pay. Commissioner Fisher wanted to increase the amounts from the third y~ar onward to serve as additional encouragement to act early. He was in favor of starting the 3r~ year with $2,000. Vice Mayor Weiland stated that the City already had a lot of incentives, including the recent 50% reduction in parking requirements. He believed that the fee-in-lieu should be the last option after exhausting the other alternatives. He also believed that further discussion was warranted and that the-item should be tabled so the Commissioners could study the proposal. Commissioner McCray was at the CRA meeting and thought they had done an excellent job of analyzing the issue; he was in favor of the Ordinance ,to include the fiscal year change. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-30, changing SectiOn 4.E to reflect September 30, 2002 for the first gdd and keep the dollars the same. Each line on the gdd would reflect the date change of September 30 to be in line with the fiscal year. Commissioner McCray seconded the motion. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 Commissioner Fisher repeated his request to extend the "0" for two years. Mr. Bressner said it could be evaluated in six months and changed if the Commission deemed it necessary. City Clerk Prainito polled the vote. The vote was 4-1, Vice Mayor We#and dissenting. 6. Proposed Ordinance No. 01-31 Re: Economic Incentives - for Community Redevelopment Area Attorney Cherof read Proposed Ordinance No. 01-31 by title only. Motion Commissioner Fisher moved to approved Proposed Ordinance No. 01-31. Commissioner McCray seconded the motion. City Clerk Prainito polled the vote. The vote was 5-0. 7. Proposed Ordinance No. 01-32 Re: Economic Incentives for Development in PID Attorney Cherof read Proposed Ordinance No. 01-32 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 01-32. Commissioner Fisher seconded the motion. Mr. Bressner noted that Quantum Park had requested an opportunity to review this Ordinance in more detail but that the Commissioners could opt to go ahead with the motion and discuss any amendments before second reading. City Clerk Prainito polled the vote. The vote was 5-0. Resolutions: None D. Other: None UNFINISHED BUSINESS: Co Xll. None Xlll. A. None OTHER: Informational Items by members of the City Commission MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 19, 2001 XlV. ADJOURNMENT: There being no further business to adjourned at 9:15 p.m. come before the Commission, the meeting CITY OF BOYNTON BEACH was duly Mayor Vice Mayor ATTEST: Commissioner City Clerk Recording Secretary (three tapes) Commissioner Commissioner (06/20/01) 20 Requested City Commission Meeting Dates [] March 20, 2001 [] April 3,200t [] April 17, 2001 [] May 1,2001 NATURE OF AGENDA ITEM V-CONSENT AGENDA Item B-1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) [] May 15, 2001 May 2, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) [] June 5, 2001 May 16, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) [] June 19, 2001 June 6, 2001 (5:00 p.m.) April 18,2001 (5:00p.m.) [] July3,2001 June 20, 2001 (5:00p.m.)~ [] Administrative [] Development Plans txo [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve the "piggy-back" of TI~E SCHOOL DISTRICT OF PALM BEACH COUNTY, BID#00C-37J to REXEL/CONSOLIDATED ELECTRICAL SUPPLIES for the PURCHASE OF TWO (2) SIEMENS ADJUSTABLE FREQUENCY DRIVES in the amount of $41,851.65. EXPLANATION: Procurement Services Division received a request from Utilities Department to "piggy-back" The School District of Palm Beach County, Bid#00C-37J to Rexel/Consolidated Electrical Supplies for the purchase of two (2) Siemens adjustable frequency drives. The electronic adjustable frequency drives are used at the West Water Treatment Plant to save significant amounts of electricity and provide better flow. Two (2) pump drives will be replaced with this purchase. Utilities Department staff will remove the existing equipment and replace it with the new drives, and the manufacturer will provide training and start up. Procurement Services Division request Commission's review, evaluation and approval. PROGRAM IMPACT: The new drives will replace one of the transfer pump drives (60hp), and one high service pump drive (250hp). The current drives are unreliable, no longer manufactured, and may have contributed to premature motor problems. The drives being replaced are approaching the end of their useful life. FISCAL IMPACT: Funds are allocated in the FY2000/2001 budget as follows: Account Description Account Number Renewal & Replacement 405-5000-590-96-02 (Project #WTR017) Deputy Director of Financial Services Amount City Manager's Signature Procurement Services Department Name cc: John Guidry - Utilities Department Robert Kenyon - Utilities Department File S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC City Attorney7 / Finance / Human Resources UTTLTTTES DEPARTMENT MEMORANDUM =NO 01-126 TO: FROM: DATE: SUBJECT: Bill Atkins, P.rocu r~ m~___~,nt~e~ices ' ( '13 . o J .lohn Guidry, Utilities Director May 25, 2001 I::K.IRCHASING OFFICE Adjustable Frequency Drive Replacement - West Plant Agenda Ztem The West Water Treatment Plant has several electronic adjustable frequency drives. These drives save significant amounts of electricity and provide better flow/pressure control for membrane pressure, transfer, and high service pumps. The majority of the drives have been in service virtually 24 hours a day since plant start up. We currently need to replace one of the transfer pump drives (60hp), and one high service pump drive (250hp). They are unreliable, no .longer. manufactured, and may have contributed to premature motor problems. These drives are subject to high humidity and dust as they are not located in air controlled areas. Some of these~drives are approaching the end of their useful life. The Palm Beach County School Board has a bid that includes adjustable frequency ddves. We are able to "piggyback" their bid and purchase both of these replacement ddves for $41,851.65. Our staff will remove the existing equipment and replace with these new drives and the manufacturer will participate in training and start up. We budgeted $75,000.00 for these drives in Renewal and Replacement Account #405-5000-590-96-02 WTR 017 in FY 2000/01 and are able to spend less by installing them ourselves. Please present this request to the Commission for their approval to piggyback the Palm Beach County School Board Bid #00C-37] for the purchase of two Siemens Adjustable Frequency Drives in the amount of $41,851,65. Page Two May 25, 2001 Bill Atkins, Finance Dept, If any additional information is needed, please contact Bob Kenyon at Ext. 6402. Attachments /acl XC.' Bob Kenyon~~ Dave Ailstock Barbara Conboy File REQUEST FOR REQUISITION H.T.E. ENTRY DATE: 5/24/01 H.T.E. REQUISITION # 15725 Clerk: A. Lamons Procurement Ass't: Director: ' City Manager (non budgeted capital and/or $5000+): REASON FOR PURCHASE: Pulse ~ Modulation. drives are needed to replace the adjustable frequency speed drives at the West Water Treatment Plant for ~igh Service Pump Number Three (3) and Product Water Transfer Pump Number Two (2). VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Rexel Consolidated ~ Admin. ( ) Date: May 25t~, 2001 ASAP (X) Address: 6861 Garden Road Construction ( ) Date Needed: A.S.A.P. Conf'u'm. ( ) Riviera Beach FL, 33404 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone(contact): (561)845-6110 Lab ( ) Quotes/Verbal ( ) E. Admin. 40 ( (over $500) Mark Hamilton Pumping ( ) Quotes/Written ( ) E. WTP 41 ( ) (over $2000) Vendor Number: 6410 PWMaint. (X) Bid Docs. ( X ) W. WTP 42 ( X ) PWOps. ( ) Sole Source Ltr. ( ) PAJ 99 ( ) INITIATOR: Robert D.,~ilsto. ck ,r~r,. _Sewage ( ) Insurance ( ) Special Instructions: The ~,,,, ~.-e,,-/~,..\ Requirements: School District of Palm APPROVED: Strmwtr. ( ) Project Number: Beach County Bid 00C-37J Quan. Unit Price Description & Part Number Fund ' Dept Basic Elem Obj Amount 1 13,646.68 Siemens - P.W.M. 13,646.68 Drive for a 60 horsepower motor. 6SE72284EFOO3AB02 1 28,204.97 Siemens - P.W.M. 28,204.97 Drive for a 250 horsepower motor. 6SE72332E6003ABO2 TOTAL PURCHASE 405 5000 590 96 02 41,851.(~ U:\lamonsauserdata\wordataXAdministrationXkenyonXPWM-REQ.doc JUN 13 2001 15:21 FR CES RIU BCH 561 845 7558 TO 7426298 REXEL CONSOLIDA TED 06/i3/01 ***QUOTATION P. Ol/01 ~XPIRES: 07/13/01 DATE: 06/13/01 QUOTE: WRITER: QUOTE FOR: IITY OF BOYNTON BEACH A. ~9 W. EOYNTON BEACH BLVD BEACH FLORIDA 33437 PAGE QUANTITY ............ DESCRIPTION 'JOB NA~E: DRIVES ARCHITECT: MARK HAMITLON: 561-845-6110 ~NGINEER: 742-6453 FX 742-6298 CUST-P0: COMMENTS: SEE ATTACHED BID THE SCHOOL DISTRICT OF PALM BEAC}{ 00C-37J PRICE P 21,027.00 E 48,264.00 E PRICING CORRESPONDS WITH PALM BEACH COUNTY SCHOOL BOARD CONTRACT# 00C-37J, .ITEM# 175 SIEMENS VARIABLE FREQUENCY DRIVES PROVIDED IN WA3~L MOUNT NEMA 1 RATED ENCLOSURES. FEATURES. TO. INCLUDE INPUT & OUTPUT REACTORS, -AND A LCD DISPLAY PANEL WITH 4 LINES OF READABLS TEXT. SIEMENS PART# 6SE72284EF003ABOZ 60HP/460V/83.TA SIEMENS PART~ 6SE72332EG003ABOZ 250HP/460V/287A DELIVERY I'N 10 TO 12 WEEKS AFTER RECEIPT OF ORDER. ABOVE 60HP AND 250HP DISCOUNT PER CONTRACT 00C-37J $14,057.00 $36,891.00 DRIVE $5,338.00 $6,997.00 NEMA1 $637.00 $2,009.00 IN LINE $637.00 $2,009.00 OUT LINE $358.00 $358.00 LCD PANEL 5 DAY TRAINING AND START UP $21,027.00 $48,264.00' LESS ABOVE CONTRACT DISCOUNTI 06-003814 11 EXTENS [ON 13,646.68 28,204.97 UOTED BY: RE~E~ CONSOLIDATED 6861 GARDEN RD ~IVIERA BEACH FL BRINTI~Dt 06/13/01 33404-5997 TOTAL QUOTE: 41,851.65 TOTAL PAGE.O1 ** AGENDA ITEM 13A3 ~ ~ ~. ._~ ',~ ~ ~ Revised INVITATION NO. 00C-,37J - TERM CONTRACT FOR I=/I=CTRICAL SUPPLIES AND EQUIPMENT DATE: February 10, 2000 DATE SOLICITED: December 1, 1999 PRESENTED TO BOARD: February 2, 2000 DATE ADVERTISED: November 8, 1999 DATE OPENED: DATE POSTED: CONTRACT PERIOD: ~ through ~ DEPARTMENT: Vagus ~~arJous OBJECT: Vario~ FUND: Various FUNDING SOURCE: Various Budgets-Various Objecls REQUESTING DEPARTMENT: Maintenance and ~t Operations 92 Bids Solicited, 14 Responses (13 Bids, 1No Bid) 78 No ResP°nse 16 M/VVBEs Solicited, 1M/VVBE Responses (1 Bids, 0 No BidS) 15 M/VVBE No Response FINANCIAL IMPACTI The. financial impact to the District budget is estimated at ~ The source of funds is the Maintenance and Plant Operations bu.cl~let. Purchase orders processed from November 7, 1997 tluou~h November 11, ~[i!~l*total $2,434,189 , . iiiiI II I1 ~1 · Items to be purchased include manufacturers of electrical supplies and: equipment. AWARD RECOMMENDATION I TABULATION MINORITY VENDOR STATUS ITEM 1 ITEM 2 ITEM 3 City Electric Supply ..... Net 44% Consolidated Electrical Distributors ........... Electronic Components & Equipment~ ........... GE Supply ............ Gminger ........... Gmybar Electric Company - - 15% 18% - - - Hughes Supply, Inc. - - 25~ 5% 30.5% Johnstone Supp~ ........... K&M Electric suI~ply Inc. - .......... McDonald Distributor of Florida ............ Mercedes Electric Supply*lnc. 6 10% ...... Rexel/Consolidated Electrical Supplies - - 25% -- - 27% Richardson Electronics LTD. - .......... VENDOR ITEM 4 ITEM 5 ITEM 6 ITEM 7 ..... City Electric Supply - - - ~ - - - 20% Consolidated Electrical Distributors - - - 43.75% ...... Electronic Components & Equipment ............ GE Supply - - - 57.14% ...... Grainger - - - 60% ...... Graybar Electric Company 13% 73.97% 2% 17.02% Hughes Sup ply. Inc. 15% 68.52% 12.6% 23.5% V-CONSENT AGENDA ~ ~r I ' ITEM B-2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates into City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] March20,2001 March 7, 2001 (5:00 p.n~) [] May 15, 2001 May 2, 2001 (5:00 p.m.) [] April 3, 2001 [] April 17, 2001 [] May 1,2001 NATURE OF AGENDA ITEM March 21, 2001 (5:00 p.m.) [] June 5, 2001 May 16, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) [] June 19, 2001 June 6, 2001 (5:00 p.m.) April 18,2001 (5:00p.m.) [] July3,2001 June20,2001 (5:00p.m.~'- [] Administrative [-']~ Development Plans po [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve the "piggy-back" of THE SCHOOL DISTRICT OF PALM BEACH COUNTY, BID#00C-1P to FORESTRY RESOURCES LANDSCAPE SUPPLY for the purchase of mulch with estimated expenditures of $18,350.00. EXPLANATION: Procurement Services Division received a request from Parks Division to "piggy-back" The School District of Palm Beach County, Bid g00C-1P for the purchase of mulch on an "as needed basis". Parks Division currently has a _~lanket Purchase Order g010252 in the amount of $9,950.00 for mulch based on the bid price. Since the requested change order of $8,400.00 will now cause the purchase order to exceed the bid threshold amount of $10,000 Commission approval is required. The original estimated need for mulch will be surpassed due to the increased use of mulch as a drought and weed determent. Procurement Services Division request Commission's review, evaluation and approval. PROGRAM IMPACT: The mulch will be used by Parks Division in landscaping the parks, and for projects within the Neighborhood Projects program. The mulch is used as a drought and weed determent. FISCAL IMPACT: Funding is available in the FY2000/2001 budget as follows; Account Description Gardening Supplies Neighborhood Projects Account Number 001-2730-572-52-26 302-1211-512-63-34 Total Deputy Director of Financial Services Procurement Services Department Name Alnount $14,150.00 4,200.00 City Manager's Signature City Attorney / Finance / Human Resources cc: John Wildner- Parks Division File S:',BULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC TO: FROM: CC: Date PARKS DEPARTMENT MEMORANDUM #01-53 Bill Atkins, Deputy Finance Director John Wildner, Parks Director .,~,J Dan DeCarlo, Neighborhoo~l"Project Specalist File RE: Landscape Mulch Request June 6, 2001 dUN 6 2001 PURCHASING DEPT: The Parks Department currently has an open purchase order with Forestry Resource, Inc. to supply landscape mulch. Due to increased use of mulch as a drought and weed determent we have exhibit our original estimated use. In addition, we have been assisting the neighborhood specialist with mulching of new projects such as the demonstration garden. We now estimate total mulch use for this fiscal year to be $~ Accounts listed below should be charged for this item: Parks 001-2730-572-52.26 $4,200 Neighborhood Projects 302-1211-512-63.34 $4,200 A budget transfer is attached adding sufficient fundS to Parks account gardening supplies, 52.26~ We will be piggy backing Palm Beach County Bid #00C-IP from Forestry Resources, Incorporated. JW/vlr Attachment(s) Page 1 of I 03/28/0! ~ED 11:$$ FA% ~001 AGENDA ITEM t3A- t 3_ INVITATION NO. 006-1P - TERM CONTRACT FOR MULCH AND TOP DRESS SOl_L_ DATE: August 1, 2000 PRESENTED TO BOARD: September 6. 2000 CONTRACT PERIOD: September 23, 2000 through September 22, 2001 DEPARTMENT: Various FUNCTION: 8201 OBJECT: 5110 FUND: 0100 FUNDING SOURCE: General Budget ,- Material and Supplies REQUESTING DEPARTMENT: Maintenance and Plant Operations r FIN ANCIAL IMPACT The financial impact to the Genera[ Fund budget is estimated at $185,000. The source of funds is the Maintenance and Plant Operations Department budget. , ..... Purchase orders processed from September 21. 1999 through AuGust I, 2000 total $105,220. _~i CONTRACT RENEWAL_ Term Contract No 00C-1P was awarded by Board action on September 22. 1999, ',o Atlas Peat & Soil Inc./Bushel Stop, Inc., FL Garden Products, Inc,, FL Potting Soil, FL Superior Sand, Inc., and Forestry Resources Landscape Supply for one year with the option to renew for a period of two additional one-year periods. The first option to renew is now being exercised for the period September 23, 2000 through September 22. 2001 .... FL Garden Products, Inc., FL Supedor San~l,.Inc., and Forestry Resources. Landscape Supply. -' ^""s'has agreedpeat to honor terms, conditions and pricing of ex s,lng contract for the forthcoming cchtract penoo. ¢,,,o & Soil, Inc./Bushel Stop, Inc. and FL Potting Soil e~ected not to renew. Prices submitted are in keeping with current market. Items to be purchased include vadous types of mulch and top dress soil. RECOMMENDATION: Based on satisfactory performance during th~ past contract period, it is recommended that the term contract for Mulch and Top Dress Soil be renewed with FL Garden Products, Inc., FL Superior Sand, inc., and Forestry Resources Landscape Supply for the period Septembe.r 23, 2000 through September 22, 200~1. M:~lnterr~al',McCror~,J",M¥ Oocurnents~.Tabulat'Or~s''00C-1P RenewaLdoc 03/28/01 ~ED ~:~8 FAI ~-~003 AGENDA ITEM INVITATION NO- 00C-1P - TERM CONTRACT. FOR MULCH___AND TOP DRESS SOIL. DATE: DATE SOLICITED: PRESENTED TO BOARD: September 7. 1999 August 12, 1999 September 22 1999 CONTRACT PERIOD: September 23, DEPARTMENT: Various FU FUNDING SO REQUESTING DEPARTMENT: Mail 55 Bids Solicited, 10 Responses (5 Bids~ 7 MANBEs Solicited, 0 MfWBE Responses DATE ADVERTISED: D ATE OPENED: DATE POSTED: ;r 22, 2000 : 0100 BE No Response August 6, 1999 September 1. 1999 september 7, 1999 Fhe annual financial impact to the General budget is estimated at S165.000. The source of funds is the Maintenance and P~ant O eratJons budcet, _ -" Purch-~se orders orocessed from Ma.,v 7,: 1997 through September 3 1999 total $179,684. _ , Items to be purchased induce mu ch ar'cd top dress materials. AWARD RECOMMENDATION t TABULATION VENDOR MINORI'r~. STATUS Atlas Peat & Soil, inc./Bushel Stop, Inc. --- FL Garden Products, Inc. -- FL Potting Soil FL Supedor Sand, Inc. Forestry Resources Landscape Supply VENDOR ITEM 4 Atlas Peat & Soil, IncJBushet Stop, Inc. FL Garden Products, Inc. 14.00 FL Potting Soil FL Superior Sand, inc, Forestry Resources Landscape Supply VENDOR ITEM 8 Peat & Soil, IncJBusl~el Stop, Inc. ~ Atlas FL Garden Products, Inc. FL Potting Soit -'- FL Superior Sand, inc. -'- Forestry Resources Landscape Supply --- ITEM 1. 14.50 13.90 ITEM 5_ 3O ITISM _9 12.80 16.00 20.0R ITEM 2_ ITEM ,,6, .~5.5o 14.75 ITEM 10 2~.80 21.00 ITEM 3 14,__50 13.90 ITEM 7 2.35. ITEM 11 21.04 20.00 17.00. 03/2~/0~ ~'ED 11:$7 FAX ~]004 iNVITATION NO. 0OC-1P VENDOR Atlas Peat & Soil, Inc./Bushel Stop, Inc. 21.33 FL Garden Products, Inc1 FL Potting Soit 19.00 FL Supedor Sand, Inc. 1__7.0___¢.0 Forestry Resources Landscape Supply --- ITEM 12 ITEM 13 _24.8q 24.00 AGENDA ITEM 29~t Page 2 ITEM 14 23.54 22.0O ITEM 15 22.18 21.00 3 9.00 VENDOR ITEM 16 ITEM 17 ITEM 18 Atlas Peat & Soil, Inc./Bushel Stop, Inc. 15.50 --- FL Garden Products, Inc. - ..... FL Potting Soil 16.00 -- FL Supedor Sand1 Inc, ~.. --- Forestw Resources Landscape Supply ..... LEGEND: = Award - Primary = Award - Secondary = Award - Tertiary ( ): P,e~ect MINORITY - (2-Black, 3-Hispanic, 4-Indian/Alaska, 5-Asian, O-Women, 7-Disabled, 8-Other) EXCEPTIONS: ALTAS PEAT & SOIL, INC./BUSHEL STOP, INC: . '--' Item 2 and 8 - Reje¢.. Vendor failed to bid item in accordance with Special Con0ition B, Delivery. FL GARDEN PRODUCTS, INC., Item 6 and 8 - RejecL Vendor fail to bid item in accordance with specifications. Note: No primary award is recommended for Items 8, 17. and 18. These items v,4ll be. purchased using standard purchasing procedures. No secondary award is recommend for items 2, 4, 5. 8, 17, and 18. No tertiary award is recommended for Items 1, 2, 3, 4, 5, 6, 8, 17 a.qd 18. RECOMMENDATION: ! recommend contract award be made to the lowest and best bids from responsive and responsible primary, secondary and tertiary bidders, as indicated above, in order to meet the needs of the school system. 03/25/01 ~FED 11;57 FAX ~005 INVITATION NO. 00C-1P SUMMARY OF AWARDS PRIMARY AWARD .~- I INC./BUSHEl- STOP INC._ ALTAS PEA ~ & SO L, Item 5 530.00 Item 9 512.80 T~tal $42.80 FL GARDEN PRODUCTS, lNG_. Item 4 $14.00 FL SUPERIOR SAND, INC_. item 10 - $18.00 Item 11 $17.00 Item 12 S17.00 Item 13 S23.00 Item -14 $21.50 item 15 S19.00 Item 16 $11.00 Toml $128,50 FORESTRY RESOURCES LANDSCAPE SUPPLY Item I $13.90 item 2 $ 1.35 Item 3 $13.90 Item 6 $14.75 Item 7 $ 2.35 Total $46.25 SECONDARY AWARD ALTAS PF,,,AT & SOIL, INC./BUSHEL STOP, INC. Item 1 $14.50 item 3 $14.50 Item 6 $t5.50 Item 10 Item 16 $15.50.. Total $80.80 FL GARDEN PRODUCTS, Item 7 $3.85 'FL POTTING SOIL Item 14 $2.2.00 AGENDA ITEM _ 29.q ¢~'~, Page 3 ........ 03/28,'01 ~FED 11:$7 FA,I [~005 IN.__VITATION NO. 00C-1P SECONDARY AWARD (CON"r) FL POTTING SOIL Item 9 Item 11 Item 12 Item 13 - Item 14 Item 15 - Total $16.00 $20.00 $19.00 $24.00 $22.00 $21.09,.. S122.00 AGENDA ITEM Page 4 TERTIARY AWARD , p ALTAS PEAT &SOIL, INC.,BUSHEL STC , iNC. Item 7 $ 4.10 Item 11 $21.04 Item 12 $21,33 Item 13 $24.80 Item 14 $23.54 Item 15 922.18 Total $116.99 FL PO'I-i'ING SOIL Item 10 - $21.00 Item 16 - ~16.00 Total - $37.00 FL SUPERIOR SAND. lNG. Item 9 $20.00 Failure to file a protest within the time prescribed In s, t20.57(3), Florida Statutes, shall constitute a waiver of prOCeedings under Chapter 120, Rorida Statutes. Offers from the vendors l{sted herein are th~ only offers received timely as of the above opening date and time. /MI otJner offers submitted in respor~$e to this solicitation, if a~y, are hereby rejected as late, SCHOOL DISTRICT OF PALM I~EACH COUNTY PURCHASING DEPARTMENT 3326 Fores~ Hill Boulevard, Sui(e ~216 West Palm Beach, FL 33406-58f3 I~TVITATION TO BID Bidder Acknowledgment ,-o. 00C-1P Date: Ausust [2t 1999 ~-~*~LE: TERM CONTRACT FOR MULCH AND TOP DRESS SOIL Is Must be Received no later than 2:06 P.M. September 1, 1999 at which time b4ds w~ll be ~. ,~lor Name: Terms: a C~e~ph~ N~ / ~ T~I Fm ~r Fax Num~ ve~ of ~H~. A~y~u~h viol~n ~ ~ [~ ~ ~o~ ~oc ~ ~ ma~als (~ appli~ble} end ~e iN~TATION TO BID ~D B~DS: ~eal~ ~ds ~ ~ ~v~ in ~ ~r~ ~ u~! ~e ~ and ~ ~ ~ ~ ,. m~ ~e Pu~i~ ~t~ ~~ ~ a~ ~ ~ a~- GENE~L CONDITIONS, INSTRUCTIONS AND INFORMATION:FOR BIDDERS .............. . ,. V-CONSENT AGENDA · I'TEM B-3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] March 20, 2001 [] ^p~13,200~ [] April 17, 2001 [] May 1, 2001 Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15,2001 [] June 5,2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Tumed in to City Clerk's Office May 2, 2001 (5:00p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion ~o RESCIND the award for the "ANNUAL BID FOR PREPARATION AND PAINTING OF WATER AND WASTEWATER PIPELINES (ABOVE GRADE)", Bid #045- 2821~01/K1L to I.R. Construciton & Hi Tech Painting, Inc. in the amount of $ 30,000.00. Procurement Services further recommends a motion to AWARD the "ANNUAL BID FOR PREPARATION AND PAINTING OF WATER AND WASTEWATER PIPELINES (ABOVE GRADE)", Bid #045- 2821-01/KR, to Roger Allison Painting, Inc. in the amount of $ 38,000.00. EXPLANATION: On May 1, 2001, the bid referenced above was awarded to I.R. Construction of Ft. Lauderdale, Florida. We have been unsuccessful in obtaining a Performance & Payment Bond, a Certificate of Insurance, or a positive response from this company after repeated telephone calls and a certified letter. Consequently, we recommend awarding to the next lowest bidder, Roger Allison, Inc. of Royal Palm Beach, Florida. Mr. Allison has previously performed work for the City in a satisfactory manner and is ~ing: to perform this contract at his bid price of $ 34,100 for specified locations and an additional $ 3,900 for unspecified locations as outlined in the bid documents. Robert Kenyon, Deputy Director of Utilities, concurs with these recommendations (see attached Memo #01-147). PROGRAM IMPACT: The purpose of this bid is to establish a contract for the preparation, sandblasting, and painting of water and wastewater mains that are above grade and attached to bridges or aerial crossings of canals. Water and wastewater pipelines are being painted as part of the Utility Department's ongoing pipeline maintenance program. FISCAL IMPACT: Funds are available in the Utilities Renewal and Replacement accounts as follows: ACCOUNT NUMBER 405-5000-590-96-02 ~---'-~. 405-50.,0~ Deputy Director of Financial Services FUNDS AVAILABLE $ 25,000.00 $ 25,000.00 ~ City Manager's Signature Procurement Services Department Name City Attorney'/Finance / Human Resources MEMORANDUM UT'rL'rTZES DEPARTMENT NO. 01-147r TO: Bill Atkins, Procurement Services FROM: DATE: SUB.1ECT: Robert Kenyon, Deputy Utilities I ~lune 20, 2001 Annual bid for preparation and painting of water and wastewater pipelines (above grade) Bid # 045-282:[-0:!./KR On May 1, 2001, the Commission awarded this painting bid to I.R. Construction and Hi Tech Painting, :[nc. We have been unsuccessful in obtaining a performance bond; certificates of insurance, or obtaining any response from this company. We have not seen any response to your certified letter of .June 8, 2001 and need to proceed. Consequently, we recommend rescinding the bid from I.R. Construction and awarding to the next lowest bidder Roger Allison Painting, Inc. Roger Allison's bid was $34,100 which is $8000 more than the lowest bid. ]: have spoken with Mr. Allison and he is willing to perform this contract at his bid price. Funding is available in the Utilities Renewal and Replacement accounts as follows: $25,000 $25,000 405-5000-590-96.02 WTR092 405-5000-590-96.04 SWR086 Mr. Allison has previously performed work for the City and his performance was satisfactory. The lump sum bid is $34~100 and we request up to $3,900 for additional pipeline work. This was Commission approved 5/1/01 and will be used as necessary for a total request of $38,000. Please present this to the Commission for their approval to rescind the bid with f.R. Construction and to award to Roger Allison Painting, Inc. in the amount of $38,000. zf additional information is needed, please contact Bob Kenyon at ext. 6402. /dp Attachment Xc: Bob Kenyon Dora Formanek Tony Lombardi File 8 o ~oo ~ ~mm ~ ~zz ~ ~-~a rri Z ~.'-I I ~rn m' ~ ' w a ~z I _~ ~ _, _~ , ~ I'"' ~ 0 0 ~ "~ ' m~ .-.., ~ , -. ,c: m ~ j :~'-n ~:, - , ~.. ,< ~ . ~ ~ i oo -, - ....... ° ~ : ~:~: :~ ~ I , ~ j z Z j I z ~ i ~ I I I I .-- ~ I I I I I I I I .. >o~ I b I 8 I o I o ~ mm m~ m> ~z CD CD t ITl 0 Z ", $ m Z ~00 ~mm ~_z_z ~r' ~zz ;0 .m..m. ~0 m- i! z 0 '= ~ '~' ~ ' ~ 0 0 '"" -' '-' I ~t~ ,< ~ ~ ~ m> ~. , o ~ I ~ I ' ~ ~ 0 ' " ' ~ m "0-0 mm , ~ I ~ '~ ' ' ' m I ~ I~ ' ' .... ~ ~ ~ ~ i~ ~ '~ , o .. , , I ~ , , , I m 0 ' I i : : : i i : i : : : ~mm u,z_z r" ~zz ~__. ~. -,, c:; m~ ;° m rtl -~ m- ii o I I I I I I ' I I I I I I )0 "0'0 mm ZZ rn 'o0 · - ~ m I-- 0 ~ ~, "*" ~0 ~ ITl , mo~ I _o~ ~ ~ ,.,, -~ -I ~ ~' : z~: c i~ -n zl I r- ~ o m, c~- o m I ~ 'al ;:a I ='= ,~'"' -~-' ~ " ~--'CD ~ ~ ~ oo - ,=-- ~ 0 ~' .' I I I I I I ~ I I I I ~ ~ Z 0 z~ o O~ : : ' : mz ~ ~ ~ 0 _ o I I I o & z 0~ ,I I I I o ~ . z~ I ~ I l 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 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 .~.00 C:: Z Z ~ ~z NAME OF Bm: ANNUAL BID. FOR PREPARATION AND PAINTING OF WATER &~TEWATER PIPELINES (ABOVE GRADE) BID DATE:: ~CH 27, 2001 BID:TIME:: 2:30,A.M. (LOCAL TIME) BID #: 045-2821-01/KR STATEMENT OF "NO BIDS" LISTING VENDOR DAVID:L. SNYDER, INC. 211 W. OCEAN AVENUE BORON BEACH, FL 33435 11:12 #314 WESTON, FL 33326 CORP. 34691 FL 33460 SPEC TECH SYSTEMS 4695 18n~ STREET EAST BRADENTON~ FL 34203 WEST CONSTRUCTION, INC. .319-A WICKLINE BLVD. LANTANA, FL 33462-3162 I WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT. UNABLE TO MEET SPECI~CATIONS. OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM. OUR PRODUCT SCHEDULE WOULD NOT PERMIT US TO PERFORM. WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT. PORTER PAINTS DOES NOT APPLY OR BID TO APPLY PAINTS AND COATINGS. WE ARE PAINT MAN-UFAC~~/DIS~~ORS. OTHER WE DO NOT OFFER THIS PRODUCT OR AN EQUIVALENT. Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.l. AGENDA ITEM REQUEST FOR1 Date Final Form Must be Turned in to City Clerk's Office Mamh 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19,2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and execute bY Resolution Task Order #01-03 with Metealf & Eddy in the amount of $43,480.00 for engineering services. These services are related to the first phase of an inflow/infiltration study of the sanitary sewer system of Master Lift Station 309 located near Hester Center. EXPLANATION: The sanitary sewer system to be evaluated is located north of the C16 canal, east of 1-95, and south of Hypoluxo Road. It has been determined that the system is significantly affected during extended rainfall events causing a need to treat and dispose of rainwater as though it were domestic sewerage. This study would identify those problem areas and allow the department to focus on those areas to reduce or ehmlnate storm ~nfluence on our sanitary sewer system. PROGRAM IMPACT: This is a new phase of rehabilitation to our sanitary sewer system that has the potential of considerable savings in the treatment cost of non-domestic waste at the treatment plant. If we are able to reduce the number of gallons pumped to the treatment plant, we will also extend the life expectancy of our pumping equipment. FISCAL IMPACT: Funds are allocated in account g401-2815-536-49.17 for this engineering service. Funding of this type of study is typically quickly regained when inflow/infiltration is reduced in the sanitary sewer collection. ALTERNATi~g~o real alternative exasts other than to continue to ~ansportation cost of storm induced volu Dep~aae~t Head's Signature ' - ~ity Manager's Signature Kc.' Utilities Department Name Dale Sugerman John Guidry Barb Conboy Mark Law City Attorney / Finance / Human Resources s 5BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF 'THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TASK ORDER: NO. ~ BEACH AND DF $43,480.00 AND PROVIDING WHEREAS, these services are. related to the first phase of an inflow/infiltration study of the sanitary sewer system of Master Lift Station 309, located near Hester Center; and WHEREAS, the sanitary sewer system to be evaluated is located north of the C 16 :anal, east ofi-95 and south of Hypoluxo Road; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to approve and execute Task Order No. 01-03 with Metcalf & .Eddy for engineering services, related to the first phase of an inflow/infiltration study'of the sanitary sewer system of Master Lif~ Station 309, located near Hester Center, which Task Order is attached hereto and made a part hereof. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor - Commissioner ATTEST: City Clerk ca'~-eso',a~reement s'~Cons ult ant - T~k Order O1-03 Metcalf & Eddy - l. iR Sta 309 Commissioner Commissioner I March 2?, 2001 Mr. Mark G. Law Deputy Utility Director City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 3740 Executive Way Miramar, FL 33025 Tel: 954-450-7770 Fax: 954-450-5100 www. m-e.com Re: Infiltration/Inflow Reduction - Phase IA Preliminary Sanitary Sewer Collection System Survey Agreement R00-137 Task Order gO 1-03 Dear l~. Law: Metcalf & Eddy, Inc is please to present the above referenced fee proposal The proposal was prepared in accordance with the terms and conditions of our contract with the City of Boynton Beach. Please contact me with any questions or comments at 95n. ~.50-5114. We look forward in working with the City on this important assignment. Sincerely, METCALF & EDDY, INC. Vice President Enclosure: Fee Proposal CC: Mark Blanchard - M&E Jay Ameno - M&E Jim Penkoslcy - M&E p:~eng~ bo)T~tonbeach:seawal I~ rolo 10327.doc AN A E C 0 M CO~IP~Y TASK ORDER//01-03 March 27, 2001 FEE PROPOSAL AND SCOPE OF SERVICES CITY OF BOYNTON BEACH INFILTRATION/INFLOW REI~UCTION - PHASE IA PRELIMINARY SANITARY SEWER COIJ~ECTION SYSTEM SURVEY Background R is the intent of this scope of services to provide engineering support services associated with implementation of an infiltration/inflow (FI) reduction program for a portion of Boynton Beach's sanitary collection system. The portion of the system under program consideration is defined by the following areas: a) north of C16 Canal, b) east of 1-95, ¢) south of Hypoluxo Boulevard, and d) west of the Intercoastal waterway. This area's wastewater collection basins are eventually transferred to master lift station 309. This lift station's storm induced excessive mntime has identified the program area as one in which FI should be reduced. The area consists 'of 20 pump stations, approximately 27 miles of pipe, and 550 manholes. The City desires to reduce FI as part of an overall mission to properly maintain the utility infrastructure and pursue a proactive and cost-effective expenditure of resources. The following was provided by the City to M&E to facilitate this proposal: a map showing the general layout of the study area, and recent pump station runtimes and capacities. Metcalf & Eddy recommends that the City follow other successful FI reduction program approaches. These programs use a three-phase approach to identify sanitary sewer system deficiencies. The ultimate goal of the three-phase approach is the physical rehabilitation of the sewer system to reduce FI. We propose a four-phase approach (modifying the t-mst phase). These phases are summarized briefly below. Phase IA - Preliminary Evaluation Report. The objective of this phase is to prioritize the collection basins on the basis of I/I severity, so that the subsequent engineering and construction activities can be properly focused. Sub-tasks consist of delineation of the system based on sewer service areas and sewer subsystems, inventory of pump station and collection system infrastructure characteristics, and an engineering analysis of I/I for the sewer system. Usually up to one year of data is considered. Limited inflow data can be collected during this phase. Phase lB - Preliminary Sewer System Survey. The objective of this phase is to conduct comprehensive field data measurements such as flow monitoring (necessary for accurate inflow measurements), salinity monitoring, and dye and/or smoke testing. A further engineering analysis of ~ for the sewer system is conducted based on the data collected. Phase II - Sewer System Analysis. The objective of this phase is to formulate a rehabilitation plan for implementation in the construction phase. Sub-tasks consist of inspection and quantification of specific I/I sources, modified cost-effectiveness analysis for repairs and rehabilitation techniques,. specification of sewer rehabilitation methods, and creation of an implementation plan and timetable. Phase Ill - Rehabilitation. The objective of this phase is to implement the rehabilitation plan specified in the previous phase. Sub-tasks consist of construction oversight for compliance with the rehabilitation plan, and verification through post-repair flow measurement that engineering criteria have been met. Ideally, the program can be arranged so that the rehabilitation of significant defects is completed prOmptly after identification of such defects, thereby achieving immediate'benefits in I/I reduction. That is, the rehabilitation phase should be .considered as an ongoing effort, and run concurrent to the previously described evaluation and inspection phases. This proposal is intended to provide engineering services to support Phase IA of the overall I/I reduction, program. 1.0 2.0 SCOPE OF SERVICES Project Management 1.1 Management Project Management activities comprise contract administration, coordination of project staff, monitoring ofprogress and project costs. 1.2 ~ Owner Liaison M&E will attend up to three meetings with representatives of the City during the project as follows: a.: Preliminary review meeting, b. Progress review meetings, and a c. Final review meeting. Preliminary Sewer System Survey 2.1 Data Collection and Field Investigation M&E will perform the following activities for the study area as referenced herein: 1. Perform a comparative analysis of metered wastewater flows in relation to the following sources of data over a one-year period (where available): a. Metered water usage for 1.3309 service area vs. wastewater flows discharged from 1.3309 from meter reading routes bi Rainfall vs. pump station rontime (for inflow estimates) c. Groundwater table elevation d. Tidal elevation (for coastal areas only) 2. Develop basin and sub-basin schematics based on the Boynton Beach sewer atlas 3. Compile the following data for each basin in the program area: a. Pump station - number, capacity, and average operating time b. Collection system - pipe diameter, lineal footage, pipe material, and number of manholes c. Surcharge condition (if associated with rain) d. History of overflow and/or odor complaints (if associa.t~ with rain) e. Key manhole identification f. Night flow estimations (1:00 AM to 5:00 AM) for all pump stations (for ffil rote and pumping drawdown) Analyze and prioritize collection basins for I/I severity to ,focus subsequent design and construction activities Identify and eliminate non-problem areas from the study area Document findings for use in Phase IB and II engineering analysis Provide: Rough-Order-Magnitude cost savings estimate for possible flow reductions 2.2 M&E Will work closely with City personnel throughout data collection and analysis. It is anticipated that City personnel will be available on a limited basis to assist M&E with our efforts. Preliminary, Evaluation Report M&E will prepare a preliminary evaluation report (PER) which will consist of the following elements: a. Data Collection Summary b. Immediate Term Sewer Repair Evaluation Schedule (from observed leaks found during system evaluation in 2.1.3) c. Outline of Work for Phase IB Upon incorporation of comments from the PER review meeting, a final evaluation report will be issued. This report will be Used as the basis for subsequent work. The Phase I report will be further developed in Phase lB and II analyses. M&E will adhere to the following process for the Phase IB report: at an early phase of task execution, meet with City to agree on an outline format for the report; upon substantial completion of the task, submit to the City for review up to three copies of a draft; and, after City review of the draft and consensus regarding revisions, submit to City up to five copies of the final document. 3.0 1. e Basis of Estimate Metered wastewater flows and/or calibrated pump runtimes for the study period will be obtained from the City for the overall system based on the existing flow meters (where available) and station records, respectively, used to quantify flows from City to the master system. Metered water usage ~' study period Wffi be obtained from the City water use and/or billing Rainfall fOr'the study period wffi be Obtained Using ~ta cOllected at the City's master lift station 3~. obtained from existing United wells.. Tidal elevation (for coastal areas only) for a one-year period will be obtained from available National Oceanic and Atmospheric Administration records. Basin and infrastructure description .(pipe diameter, and number of manholes), will obtained from the existing Pump station number, capacity, and time will be obtained from City records, Collection system surcharge condition, and history: of overflow and/or odor complaints, will be obtained from City records. PROJECT ScI:nv.I)ULE Schedule Notice to Proceed Task I - Project Management Task 2 - Preliminary Evaluation Data Collection Field Investigation Draft Report Final Report Phase lB Proposal Phase IB Approval Phase lB Commencement Time Elapsed 0 weeks Continuous 8 weeks 12 weeks 14 weeks 16 weeks 18 weeks 24 weeks 24 weeks COMPENSATION M&E proposes to perform the above tasks for a time and materials rate amount of $43,480. Cost estimates are attached to present a breakdown of fees and hours per task and is included as Attachment A. The cost estimates are summarized below. Task I - Project Management and Meetings Task 2 - Preliminary Evaluation Report Totals Labor ODCs Total $9,257 $ 26 $9,283 33,879 318 34,197 $43,136 $344 $43,480 6 APPROVED BY CITY OF BOYNTON BEACH, FLORIDA BY: Gerald F. Bmening, Mayor Date: Approved as to Form: City Attomey SUBMITTED BY M~dy, Inc. Roberto S. Ortiz, Vice President Date: ,~/Z7 ~ /' *7 ATTACHMENT COST ESTIMATE ~o~ o_~o Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17,2001 -~] May 1, 2001 V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.2 AGENDA ITEM REQUEST FOR Date Final Form Must be Turned in to City Clerk's Office Mar~h 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and authorize the Mayor to sign the enclosed agreement titled "Subordination of Utility Interests to County of Palm Beach, Florida" for the Hypoluxo Road project. EXPLANATION: The County is acquiring portions of the existing lots bordering Hypoluxo Road near Military Trail in order to accommodate their roadway design. Portions of those lots are encumbered by utility easements to the favor of the City of Boynton Beach. This agreement will allow the City to maintain its existing utilities within the easement, which will now fall within the right-of-way, and will require the County to pay the cost to relocate these utilities if required by the County either now or in the future. PROGRAM IMPACT: None. The utility piping will continue to operate as it has in the past. FISCAL IMPACT: None ALTERNAT~o~ Dep~'trne_-nt Head's Signature Ci'~ ~lhnager's Signature Utilities Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/one copy of attachment) City Attorney " File " S:~BULLETIN~ORMS~,AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. RO1- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE UTILITY INTERESTS TO FOR T~ HYPOLUXO ROAD PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the CoUnty is acquiring portions of existing lots bordering Hypoluxo Road near Military Trail in order to accommodate their roadway design; and WltEREAS, portions of the lots being acquired by the County are encumbered by utility easement in favor of the City of Boynton Beach; and WHEREAS, this agreement will allow the City to maintain its existing utilities within the easements, and will require the CoUnty to pay the cost to relocate these utilities, if necessary now, or in the future; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, hereby authorizes and directs the Mayor and City Clerk to execute a Subordination of Utility Interests to Palm Beach CoUnty, for the Hypoluxo Road Project, which Agreement is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon ~assage. PASSED AND ADOPTED this day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ~.TTEST: Commissioner City Clerk (Corporate Seal) ca~resoh~tgree\ Subordination Agr - PB County - Hypoluxo Road Project062201 Right-of-Way Ac~isition Section Name: Palm Seach Co~=y Engineering Post Office Box 21229 Address: West Palm Beach Ftori~ 33416 This Instrument Prepared by: Address: Post O~fice Box 21229 West Palm Beach, Flori~ 33416 SPA~ ~0~ ~IS LI~ FOR PROCESSI~ DATA SPACE ~O~ T~IS LI~ FOR P~O~ESSING DATA Project No.: 99506 Project Name: HYPOLUXO ROAD Parcel No.: 103,105,107,302 & 305 SUBORDINATION OF UTILITY INTERESTS TO COUNTY OF PALM BEACH, FLORIDA THIS AGREEMENT, entered into this__day of , 2001, by and between PALM BEACH COUNTY, (hereinafter the "County"), and. BOYNTON BEACH UTILITIES whose mailing address is 124 EAST WOOLBRIGHT ROAD, BOYNTON BEACH, FL , (hereinafter the WITNESSETH: WHEREAS, the Utility presently has an easement in certain property that has been determined necessary for public purposes; and, WHEREAS, the proposed use of this property will require subordination to the County of the interest claimed in said propercy by the Utility and at the request of the County, the Utility has agreed; subject to the following conditions, to relocate its facilities from the Utility's easement onto public right-of-way, or has agreed to leave its facilities on the subordinated property(hereinafter the "Property"), described in Exhibit "A" attached hereto and made a part hereof'; and, WHEREAS, the County zs willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW THEREFORE, in consideration of the mutual covenants and promises of parties hereto, the Utility and the County agree as follows: 1. The Utility hereby subordinates any and all. of its interests in that portion of the following easement(s) lying within the Property, to the interest of the County, its successors or assigns, through, under, upon, or across the Property: DATE FROM OR AC~AINST IN FAVOR OF RECORDED BOOK - PAGE 11/27/89 Hypoluxo Plaza Ltd. Boynton Beach 6310 614 Utilities 2. The Utility shall have the right to construct, operate, maintain, ~mprove, add to, upgrade, remove and relocate facilities on, within, and upon all the Property in accordance with the County's current minimum standards for such facilities as of the date of such construction. Any new construction or relocation of facilities w~thin the Property will be subject to prior approval by the County. Should the County fail to approve any new construction or relocation of facilities by the Utility or hereafter require the Utility to alter, adjust or relocate its facilities from within the Property, the County hereby agrees to pay the Utility's reasonable cost of any required alteration, adjustment, or relocation, caused by the County's actions, including the cost of acquiring necessary easements. 3. The Utility shall have the reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, bushes and growth which might endanger or interfere with such facilities, prcvided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility agrees to repair any damage to the'County'.s facilities and indemnify and hold harmless the County against any loss or damage resulting fromm~-- Utility exercising its rights outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to the permit, if any, required by the County for location of facilities on the Property. Page 2 Utility Subordination 6. This agreemen~ is not assignable except to The County,s successors and assigns or to the State of Florida for the purposes described herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. ATTEST: DOROTHY H. WILKEN, Clerk PALM BEACH COUNTY, FLORIDA , BY ITS BOARD OF COUNTY COMMISSIONERS BY: BY: Clerk (or Deputy Clerk) Its Chair (or Vice-Chair) APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: County Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of · 2001 by Chair, Board of County Commissioners, who is Dersonall¥ known to mm or who has produced as identification and who did not take an oath. Typed name of Acknowledger Deputy Clerk Signed, sealed and delivered in the presence of: (2 witnesses required by Florida Law) Typed or printed name of witness Typed or printed name of witness BY: Boynton Beach Utilities Typed or printed name of Utility Its Typed or printed name of STATE OF COUNTY OF ATTEST: Mailing address Its Typed or printed name of Before me, the undersigned authority, this day personally appeared and who have executed this document as and of the above named Utility, and who are personally known to me or who have produced as identification and who did/did not take an oath. IN WITNESS WHEREOF I have hereunto s~t my hand and affixed my official seal this day of , A.D., 200 Notary Public in and for the County and State aforesaid. F:\RPW\RICF-A~D\HYPOLUXO\SUB. OF UTILITIES-10~ 266-LGL NOTARIAL SEAL PARCEL 10~ NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH THE EMBOSSED SEAL OF THE SURVEYOR WHOSE NAME APPEARS BELOW. 2. ARE BASED ON THE PALM BEACH COUNTY PROJECT WITH THE NORTH UNE q 12 HAVING A BEARING OF N89'40'51"E, 3. DESCRIPTION HEREON WAS PREPARED BY THE SU[ 4o POINT OF COMMENCEMENT; P.O,B. -- POINT OF BEGINNING; SEC, = SECTION; TWP, = TOWNSHIP; RGB - RANGE; LT, =iEFT; IHT-OF-WAY; O.R,B, ~- OFFICIAL RECORDS BOOK; P,B.C. COUNT~i' BDY, -- BOUNDARY; PB = PLAT BOOK 5, THIS NOT A SURVEY DESCRIPTION: A PORTION OF LOT 6 AND ~HE 15 FOOT WIDE ROAD RIGHT-OF-WAY'LYING NORTH OF SAID LOT 6, OF THE NORTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP 45 SOUTH, RANGE 42 EAST, AS SHOWN ON THE AMENDED PLAT OF SECTION 12, TOWNSHIP 45 SOUTH, RANGE 4.2 EAST, MARY A. LYMAN ET'AL, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER (N1/4) CORNER OF SAID SECTION 12; THENCE S04.'3g'og"w,"ALONG THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 12, A '. DISTANCE OF 8,03 FEET; THENCE NBg'40'51"E, 250.00 FEET TO THE POINT OF BEGINNING; THENCE NOO19'og'w, 4.00 FEET; THENCE N89'40'51"E, ALONG THE EXISTING SOUTH RIGHT-OF-WAY UNE OF HYPOLUXO ROAD (PER OFFICIAL RECORDS BOOK 694.9, PAGE 128¢ OF SAID PUBUC RECORDS), A DISTANCE OF 92,80 FEET; THENCE S00~9'09"E; 4.00 FEET; THENCE S89'4.0'51"W, ALONG A UNE 4.00 FEET SOUTH OF AND PARALLEL WITH SAID EXISTING SOUTH RIGHT-OF-WAY LINE, 92,80 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN PALM BEACH COUNTY, FLORIDA CONTAINING 371 SQUARE FEET (0.01 ACRES), MORE OR LESS, CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH PROPERTY ISTRUE AND CORRECT TOT HE BEST UNDER MY DIREC~ON ON JUNE. 10, 2000. AND DESCRIPTION OF THE HEREON DESCRIBED ' OF MY KNOWLEOGE AND BELIEF AS DELINEATED KATHLEEN L HALL, P.LS. FLORIDA REGISTRATION NO. 4103 FLORIDA L.B, ~6555 HYPCALC.DWG KATHLEEN L. HALL LAND SURVEYING, 110i HOLLAND DRIVE, SUITE 32 BOCA RATON, FL. 334.87 TEL.(561 )44.,3-0426 FAX.(561)44'3-04.29 iNC. R~V. 8/7/oo SCALE: 1--,,= 60' OATE: s/~9/oo SHEET 1 OF 2 JOB NO.: .3145 STA.~ 00+00~ ~o ,mad o I 'tO P.O.C. - N1/4 CORNER SEC. 12,TWP.45S., RGE. 42E. lOl~-OO BASELINE HYPOLUXO ROAD 102+00 103+00 I I N89'4-O'51"E - .4.'R/W (0R96949/1284.) 15;RD, ~ ,_N.LINE SEC.12 +4-9.17 R/W 64- , . ~ 0 25'EASEMENT I / R/W LINE ~ +~.17 / LOT 6 LOT 6 AMENDED PLAT OF MARY A. LYMAN. ET. AL. (P.B.9/74-) KATHLEEN L. HALL LAND LAND SURVEYING/CADD 1101 HOU.AND DRIVE, SUITE 32 BOCA RATONo FL 3G48'/ 1E:L.(561)443-04.26 FAX.(561)443-04.29 +4.1.97 ~'4.'RT. EXISTIN( F R/W I . LINE SU RVEYI N'G, SERVICES INC. SCALE:I' = 60' DATE: 6/19/00 SHEET 2 OF 2 JOB NO.: 31~-5 PARCEL 105 NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VAUD UNLESS SEALED WITH THE EMBOSSED SEAL OF THE SURVEYOR WHOSE NAME APPEARS BELOW. 2. BEARINGS SHOWN ARE BASED ON THE PALM BEACH COUNTY GEODETIC CONTROL DENSIFICATION PROJECT WITH THE NORTH LINE OF SECTION 12 HAVING A BEARING OF NSg'40'51'E. 3. THE LAND DESCRIPTION HEREON WAS PREPARED BY THE P.O,B. - POINT OF BEGINNING; TWP. -- TOWNSHIP; RGE = RANGE; LT. = LEFT; O,R.B. ---- OFFICIAL RECORDS BOOK; P.B.C. = PALM BDY, -- BOUNDARY THIS IS NOT A SURVEY DESCRIPTION: A PORTION OF LOT 6 AND THE 15 FOOT WIDE ROAD RIGHT-OF-WAY LYING NORTH OF SAID LOT 6, OF THE NORTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP 45 SOUTH, RANGE 42 EAST, AS SHOWN ON THE. AMENDED PLAT OF SECTION 12, TOWNSHIP 45 SOUTH, RAN(~E a,2 EAST, MARY A, LYMAN ET AL, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH.ONE-QUARTER (N1/4) CORNER OF SAID SECTION 1:2; THENCE NSg'40'51"E, ALON(~ THE NORTH UNE OF SAID SECTION 12, A DISTANCE OF 523,61 FEET; THENCE S0019'09"E, 4.00 FEET TO THE POINT OF BEGINNING; THENCE N89'~O'51"E, ALONG THE EXISTING SOUTH RIGHT-OF-WAY LINE OF HYPOLUXO ROAD (PER OFFICIAL RECORDS BOOK 694g, PAGE 1316 OF SAID PU,B,U.C, .RE. CORDS), A OISTANCE OF 1~1.09 FEET; THENCE S87'45'5¢'W, 119,64 FEET: THENCE S89'4051'W, ALONG A LINE a..O0 FEET SOUTH OF AND PARALLEL WITH SAID EXISTING SOUTH RIGHT-OF-WAY UNE, 21,53 FEET; THENCE NOO:lg'Og"W, 4,00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN PALM BEACH COUNTY, FLORIDA CONTAINING 325 SQUARE FEET (0.01 ACRES), MORE OR LESS. CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED. PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEOGE AND BELIEF AS DEUNEATED UNDER MY DIRECTION ON JUNE 19, 2_000. KATHLEEN L. HAIL., P.L.S. FLORIDA REGISTRATION NO. 4103 FLORIDA LB. ~f~6555 HYPCALC.DWG KATHLEEN L. HALL LAND SURVEYING, 11 O1 HOLLAND DRIVE, SUITE 32 BOCA RATON, FL 33487 TEL.(561)44.3-0426 FAX.(561 )4.4.3-04.29 IN C. REv../7/oo SCALE: 1- = 60' DATE: 6/19/00 SHEET 1 OF 2 / ,JOB NO.: 3145 .....~, HYPOLUXO RD. ~o~+oo ~o~oo BASELINE S00'19'09"E , o ~ EXIS~N~ N UNE 15 ~E ~ ~ R/W LINE ' -- ~"R/W DEED RD.R/W ~ ~ SEC.12 . , (ORB 69~9/1316) LN1/4 COR R/W LINE~ RGE. 42E z o LOT 6 AMENDED P~T OF MARY A. L~AN, ET.A~ KATHLEEN L. HALL LAND SURVEYING, INC. LAND SUR~NG/CADD SER~CES scA~:~' = B~ ~, PARCEL 107 NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VAUD UNLESS SEALED WITH THE EMBOSSED SEAL OF THE SURVEYOR WHOSE NAME APPEARS BELOW. 2. BEARINGS SHOWN ARE BASED ON THE PALM BEACH COUNTY GEODETIC CONTROL DENSIF CATION PROJECT ~,TH, THE NORTH LINE OF sECTION 12 HAVING A BEARING OF N89'4-0 51 E. 5. THE LAND DESCRIPTION HEREON WAS PREPARED BY THE SURVEYOR. 4.. ABBREVIATION LEGEND: P.O.C. = POINT OF COMMENCEMENT; P.O.B. = POINT OF BEGINNING; SEC. = SECTION; TWP. - TOWNSHIP; RGE = RANGE; LT. = LEFT; R/W = RIGHT-OF-WAY; O.R.B. - OFFICIAL RECORDS BOOK; P.B.C. = PALM BEACH COUNTY; BDY. = BOUNDARY; PB = PLAT BOOK 5. THIS IS NOT A SURVEY DESCRIPTION: A PORTION OF LOT 6 AND THE 15 FOOT 'WIDE ROAD RIGHT-OF-WAY LYING NORTH OF SAID LOT 6, OF THE NORTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP 4.5 SOUTH, RANGE 4.2 EAST, AS SHOWN ON THE AMENDED PLAT OF SECTION 12, TOWNSHIP 45 SOUTH, RANGE 42 EAST. MARY A. LYMAN ET AL, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT :THE NORTH ONE-QUARTER (N1/4) CORNER OF SAID SECTION 12; THENCE S04.'39'09'W, ALONG THE NORTH-SOUTH QUARTER SECTION 'ENE OF SAID SECTION 12. A DISTANCE OF 8.03 FEET; THENCE N89'40'51'E, 161.50 FEET THE POINT OF BEGINNING; THENCE NOO'I9'Og'W, 4..00 FEET TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF HYPOLUXO ROAD (PER OFFICIAL RECORDS BOOK 6949, PAGE 1284 OF SAID PUBLIC RECORDS); THENCE N89'40'51'E, ALONG SAID SOUTI-I RIGHT-OF-WAY LINE, A DISTANCE OF 88.70 FEET; THENCE S00'19'09"E, 4..00 FEET; THENCE S89'40'51'W, ALONG A UNE ~,.00 FEET SOUTH OF AND PARALLEL WITH SAID EXISTING SOUTH RIGHT-OF-WAY UNE, 88.70 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN PALM BEACH COUNTY, FLORIDA CONTAINING 355 SQUARE FEET (0.01 ACRES), MORE OR LESS. CERTIFICATION: I HEREBY CERTIFY THAT THE-ATrACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF AS DEUNEATED UNDER MY DIRECTION ON JANUARY. :18; 2001. ~N_L, P.. FLORIDA REGISTRATION NO. 4.103 FLORIDA L.B. t~6555 HYPCALC~DWG KATHLEEN L. HALL LAND SURVEYING, 1101 HOLLAND DRIVE, SUITE 32 BOCA RATON, FL 33487 TEL.(561)4.43-O~26 FAX.(561)443-O~29 INC. scALE.' 1' = 60' DATE: 01/18/01 SHEET 1 OF 2 JOB NO.: 314.5 P.~.C. N1/4 CORNER - SEC. 12,'P~.45S., RGE.42E. lOlfO0 102+00 HYPOLUXO ROAD 103+00 I BASELINE N89'4.0'51"E [_ ~'R~ (ORBB~'m/I~,~) +60 4,7 /- N.LINE SEC. 12 ,/-~"=R"I: 4 /. , / 88.70 1' 161.30' ,,/' · I ~/'~ 88i70: ~ I/ N.BDY....~ o~ ~ _.o ~. LOT 6 ,,F~ \ .68~ ~ ~ ~ P.o.a. m ~ - ~ ~60.~7 ~ ~ SS'RT LOT 6 AMENDED PLAT MARY A. LYMAN. E'l (P.B.9/74.) -bJ .+49.17 r EXISTING 1. R/~t UNf --,~ ~,-T- '. a L 25'EASEMEt, ]' § (0RB4788/' 961) 1~ 'RD.R/W (F B.9/74.) , / KATHLEEN L. H.ALL LAND SURVEYING, LAND SURVEYING/CADDi SERVICES 1101 HOUAND SUITE BOCA RATON. FL 33487 l~L(~1)44~-13~:L~ FAX.(~1)443.-O4U INC. SCALE:I' = 60' DATE: 01/18/01 SHEET 2 OF 2 JOB NO.: ,314.5 PARCEL 3O2 TEMPORARY CONSTRUCTION EASEMENT NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH THE EMBOSSED SEAL OF THE SURVEYOR WHOSE NAME APPEARS BELOW. 2. BEARINGS SHOWN ARE BASED ON THE PALM BEACH COUNTY GEODETIC CONTROL DENSIFICATION PROJECT WITH THE NORTH LINE OF SECTION. 12 HAVING A BEARING OF NB9'40'51'E. 3. THE LAND DESCRIPTION HEREON WAS PREPARED By THE SURVEYOR. .ABBREVIATION LEGEND: P.O.C. SEC. = = POINT OF BEGINNING; LT. = LEFT; P.B.C. :)UNDARY; PB = PLAT BOOK DESCRIPTION: A PORTION OF LOT 6 AND THE 15 FOOT WIDE ROAD RIGHT-OF-WAY LYING NORTH OF SAID LOT 6, OF THE NORTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP 45 SOUTH, RANGE 42 EAST, AS SHOWN ON THE AMENDED PLAT OF SECTION 12, TowNsHIP 45 SOUTH, RANGE 42 EAST, MARY A. LYMAN ET AL, MORE PARTICULARLY DESCRIBED AS FOLLows: COMMENCING AT THE NORTH ONE-QUARTER (N1/4) CORNER OF SAID SECTION 12; THENCE N89'40'51'E, ALONG THE NORTH MNE OF SAID SECTION 12, A DISTANCE OF 309..70 FEET; THENCE SOO'19'Og"E, 25.00 FEET TO A POINT ON THE SOUTH LINE OF AN EASEMENT (RECORDED IN OFFICIAL RECORDS BOOK' 4788, PAGE 1961 P.A.L_M, BEACH COUNTY RECORDS), SAID POINT ALSO BEING THE POI,N.T ,O.F BEGINNING; THENCE N89 40.5,1 ~, ALONG SAID EASEMENT LINE, ,32;4..0 FEET; THENCE S00'19 09 E, 20;00 FEET; THENCE S89,4o 51 W. ,32.40 FEET; THENCE NO0'I9 09 W, 20.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN PALM BEACH COUNTY, FLORIDA CONTAINING 648 SQUARE FEET (0.01 ACRES), MORE OR LESS. CERTIFICATION' ' .... · I HEREBY CERTIFY THAT THE ATrACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWI..EDGE AND BEUEF AS DEUNEATED UNDER MY DIRECTION ON NOVEMBER ,:30, 2000. FLORIDA REGISTRATION NO. 410,.3 FLORIDA L.,B, i¢6555 HYPCALC. DWG KATHLEEN L. HALL LAND SURVEYING, 1101 HOLLAND DRIVE, SUITE ;32 BOCA RATON, FL. ;35487 TEL(561 )a,43-0~,26 FAX.(561)44;3- 0429 INC. SC,LE: 1' = 60' DATE: 11/30/00 SHEET 1 OF 2 JOB NO.: 3145 PARCEb 302 ~ 'EMPORARY CONSTRUCTION EASEMENT I STA. IO0+OOi, /'" 1 P.O~C. N1/4 CORNER SEC. 12. TWP. 45S.. RGE. 42E. 101~-00 BASEUNE . HYPOLUXO ROAD 102+00 103+00 I- I NBg'4.0'51"E _EX~S~NG R/W UNE ~5=RO. N.UNE -,EC.~2 EX~S~NG----'/(~R~."..°'~°/~2"'') , . (PB9/~)J /1 a309.701 ~ ( LINE ' ' ~ f' -' ~' ~1 / ' -- ' ~. . ' ~ . ,,o~7_.~ ~. ~77 . ~o~ s ~os.~/ / [_~ . S89'40'51 W LOT 6 AMENDED PLAT OF -'. MARY A, L~AN, ET, AL (P.B.9/74) ,, / KATHLEEN L. HALL LAND SURVEYING, LAND SURVEYING/CABB SERVICES 1101 ~ ~ ~ 32 INC. SCALE:l' -- 60' DATE: 11/~0/00 SHEET 2 OF' 2 JOB NO.: 314.5 PARCEL 505 TEMPORARY CONSTRUCTION EASEMENT NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH THE EMBOSSED SEAL OF THE SURVEYOR WHOSE NAME APPEARS BELOW. 2. BEARINGS SHOWN ARE BASED ON THE PALM BEACH COUNTY GEODETIC CONTROL DENSIFICATION PROJECT WITH THE NORTH LINE OF SECTION 12 HAVING A BEARING OF N89'40'51"E. 3. THE LAND DESCRIPTION HEREON WAS PREPARED BY THE POINT OF COMMENCEMENT; P.O.B. = POINT OF BEGINNING; I'OWNSHIP; RGE -- RANGE; LT. = LEFT; O.R.B. - OFFICIAL RECORDS BOOK; P.B.C. BDY. = BOUNDARY; PB = PLAT BOOK ;NOT DESCRIPTION: A PORTION OF LOT 6 AND THE 15 FOOT WIDE ROAD RIGHT-OF-WAY LYING NORTH OF SAID LOT 6, OF THE NORTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP 45 SOUTH, RANGE 42 EAST, AS SHOWN ON THE AMENDED PLAT OF SECTION 12, TOWNSHIP 45 SOUTH, RANGE 42 EAST, MARY A. LYMAN ET AL, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER (N1/4) CORNER OF SAID SECTION 12; THENCE N89'40'51'E, ALONG THE NORTH UNE OF SAID SECTION 12, A DISTANCE OF 516.63 FEET; THENCE SOO~I9'Og"E, 25.00 FEET TO A POINT ON THE SOUTH LINE OF A 25 FOOT WIDE EASEMENT (RECORDED IN OFFICIAL RECORDS BOOK 4788, PAGE 1961, PALM BEACH COUNTY RECORDS); THENCE N89'40'51"E, ALONG SAID EASEMENT LINE, 6.97 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N89'40'51"E, ALONG SAID EASEMENT LINE. 57.36 FEET; THENCE S09~2'14"W, 40.58 FEET; THENCE S89'40'51"W, 50.53 FEET; THENCE NOO~I9'O9"W, 4.0.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN PALM BEACH COUNTY, FLORIDA CONTAINING 2,158 SQUARE FEET (0.05 ACRES), MORE OR LESS. CERTIFICATION: I HEREBY CERTIFY THAT THE A'I-rACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED . PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS DEUNEATED UNBER MY DIRECTION ON NOVEMBER ,30, 2000. KATHLEEN L. HALL, P.LS. FLORIDA REGISTRATION NO. 4.10,:3 FLORIDA LB. ~6555 HYPCALC. DWG KATHLEEN L. HALL LAND SURVEYING, 1101 HOLLAND DRIVE, SUITE 32 BOCA RATON, FL .33487 TEL(561)4.43-O¢26 FAX.(561)443-0429 INC. REV. : 1/4/01 SCALE: 1' -- 60' DATE: 11/30/00 SHEET 1 OF 2 JOB NO.: 314.5 TEMPORARY PAF CONSTRUCTION EASEMENT HYPOLUXO RD. 103+ O0 (,, N89'40'51"E 516,63' P.O.C. N1/4- COR SEC.12 T~P.~5S. RGE.4.2E 104+00 105~00 106+00 IN89'4-O'51"E I BASELINE NB9'40'51 "E /-- 6.97' · (ORB 694.9/1374-) r--- EXISTING /N.LINE 15 RD.' - I 4.'R/W DEED J R/W LINE / r" SEC.12 r- R/W 1. ........ ~ 2500~ a · ' . · · · · ~ '--...--.-4-.,:..; R/W LINE"--I ' _POD ~L,' "'' "'' ".".'1 ,r~o, ,u ;3, r. 2~'E^S~EN~' NOO'~"'ocW"'--I '"'""""""",'/' ~ S0,~'~:'14-'W (0RB4788/1961) 40.00' LOT 6 AMENDED PLAT OF MARY A.' LYMAN, ET. AL. (P.D.9/74.) 107+00 I ~k~_.~,5o..~_~: . \ 4.o.5s' S89'4.0 51 WX 23.47 ' 125'RT . 125'RT KATHLEEN L. HALL LAND SURVEYING, LAND SURVEYING/CADD SERVICES 1101 HOLLAND DRIVE, SUITE 32 BOCA RATON, FL. 334B7 TEL.(S61 )4.4.3-04.26 FAX.(561)4-43-04-29 REV.: 1/4./01 , SCALE:l"= 60 DATE: 11/30/00 SHEET2 OF 2 JOB NO.: 3145 V-CONSENT AGENDA 'TEH C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] March 20,2001 [] April3,2001 [] Apfill7,2001 [] May 1,2001 Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office March 7,: 2001 (5:00:p m ) [] May 15, 2001 May 2, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) [] June 5, 2001 May 16, 2001 (5:00 p.m.) April 4, 2001 (5:00p.m.) [] June 19, 2001 June 6, 2001 (5:00 p.m.) NATURE OF AGENDAITEM April 18, 2001 (5:00 p.m.) [] July 3, 2001 June 20, 2001 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal "o [] Bids [] Unfinished Business [] Announcement [] Presentation ,t:- [] City Manager's Report RECOMMENDATION: Approve the contract of Jolm Smith for the position o£Major in the Boynton Beach Police Department. EXPLANATION: The position of Major has been filled as an acting position for the past three years. This will allow the department to permanently appoint a person to this position. PROGRAM IMPACT: FISCAL IMPACT: Major Smith's contract will be for $80,200.00 per year. Budgeted amount has been provided within the Police budget. ALTERNATIVES: ~ Depattinent Head's Signature Police Department Name City Manager's Signature ] 'Cit~ Attorney / Finance / Human Resources S:X, BULLETIN~ORMS'xAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING THE APPOINTMENT ~MITH AS MAJOR IN POLICE D CITY DATE. WHEREAS, upon the recommendation of staff, the City desires to employ the services of John E. Smith as Major in the City of Boynton Beach Police Department; and WHEREAS, it is the desire of the City Commission to provide certain benefits requirements regarding the employment of John E. Smith by the City; and NOW, THEREFORE, 'BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of tiie City of Boynton Beach, Florida does hereby confirm the appointment of John E. Smith as Major in the City of Boynton Beach Police Department and authorizes the City Manager to execute AN Appointment letter on behalf of the City of Boynton Beach with John E. Smith, said letter being attached hereto as composite Exhibit "A", and incorporated herein by reference. Section 2.. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ~,TTEST: City Clerk Commissioner Commissioner s:ca\res\employrnent~Smith Reso June ,2001 Sgt. John E. Smith Boynton Beach Police Department 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Re~ Appointment Letter - Major/Police Department City of Boynton Beach Dear Sgt. Smith: I am pleased to offer you an appointment of Major in the Boynton Beach Police Department under the following terms and conditions: By accepting this position you are representing to the City that you have the professional expertise and experience to '[serform the services to be provided by you pursuant to the terms of this Agreement. You have been advised and understand that the position you are accepting is not a civil service position and the City's Civil Service Rules and Regulations are not applicable to you. By entering into this agreement, you waive all rights under the City's Civil Service system. You will be an at will employee of the City and you acknowledge that there has been no representation or promise, expressed or implied fixing the term of your appointment, except as provided for herein. You shall report to and be supervised by the Chief of Police, shall be assigned to the police department headquarters, and shall perform those duties set forth in the job description as provided by the Chief of Police. In this position, you shall be considered exempt from the provisions of the Federal Labor Standards Act (FLSA) except as provided for in this agreement. While the demands of your position require a flexible work schedule, your normal schedule shall be Monday through Friday between the hours of 8:00 A.M. and 5:00 P.M., or, as scheduled by the Chief of Police. The job description for Major/Police Department is attached as Exhibit "A. You have represented in the interview process that you are qualified to handle the job responsibilities and you now agree to provide the City with the services included in that job description. Except as otherWise expressly provided by this Appointment, as Major of the Police Department you shall at all times: a. devote all your time, attention, knowledge, and skill solely and exclusively to the business and interests of the City during normal working hours and at City related events after normal business hours. b. perform your duties and obligations faithfully, industriously, and to the best of your ability. Sgt. John E. Smith June 7, 2001 Page 2 c. not engage in conflicting outside employment except with prior written authorization of the Chief of Po lice or his designee. d. keep the Chief of Police or his designee fully informed in advance of all travel and activities that take you out of the office for more than a day at a time. All travel must receive prior written approval of the Chief of Police or his designee. The Administration will, review and evaluate your performance at least bi-annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with performance criteria developed by the Chief of Police or his designee, which criteria must be provided to you in advance of the commencement of the period of evaluation. The initial performance criteria is as set forth on Exhibit "B", attached hereto. The criteria may be added to or deleted from as the Chief of Police or his designee may from time to time determine. Periodically, you will meet with the Chief of Police or his designee and define such goals and performance objectives that are determined necessary in attainment .of the objectives and shall further establish a relative priority among those various goals .and objectives, which shall be reduced to writing. Such goals and objectives shall be generally attainable within the time limitations as specified in the annual °peratin~ and Capital bUdgets and apprOpriations provided by the City. Compensation reviews are not subject to any specific formula applicable to other City personnel. Wage adjustments shall be at the sole discretion of the City Manager or his designee and are subject to the appropriation of funds by the City Commission. You shall receive an annual salary of EIGHTY THOUSAND TWO HUNDRED DOLLARS ($80,200.00), payable, in equal installments paid at the same intervals as the City's management personnel are paid. The City shall pay or reimburse you consistent with reimbursement policies for the Police Chief and Assistant Police Chief. You shall receive the same health and dental benefits as those provided to the Sergeant's in the Boynton Beach Police Department, as set forth in the Sergeant collective bargain agreement. You shall receive the same disability insurance benefit provided to non-union City employees hired prior to 10/1/91. You shall be provided with a Fifty Thousand Dollar ($50,000) term life insurance policy, the cost to be borne by the City of Boynton Beach.. This policy shall bear a double indemnity provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State of Federal law. You shall receive the same Retirement System benefit provided to Sergeant's in the Boynton Beach Police Department hired prior to 10/1/91. Sgt. John E. Smith June 7, 2001 Page 3 You shall be entitled to observe the same paid Iegal holidays as non,union employees hired prior to 10/1/91. You shall receive the following paid leave: A) Annual leave: B) Sick leave: C) Personal leave: D) CompaSsionate leave, aS follows: 200 hours per year 96 hoUrs per year 40 hoUrs per year. This cannot be accrued year to year In :the event of a parent, foster parent, sibling, spouse, child, grandparent, grandchild, mother or father-in~law, sister or brother-in-law, grandparents of spouse and any permanent family member of the household you shall be entitled to paid compassionate leave not to exceed, three (3) consecutive calendar days for any one death. However, if it is necessary for you to leave the State in connection with the internment of the deceased, leave shall not exceed five (5) consecutive calendar days for any one death. Additional leave may be authorized the Chief of Police or his designee on a caSe,by-caSe basis~ except that such additional leave shall be debited against yoUr accrued sick or annual leave. E) All other leave shall (leaves of absence, training, seminars, family sick) shall be in accordance with the City's Personnel Policies ManUal (PPM). You shall receive a clothing allowance .of one thousand four hundred ninety-six ($1,496) dollars per year, paid in three hundred seventy-four ($374) dollar installments at the end of each quarter. The City shall provide an incentive in the form of paid tuition and books should you choose to attend an accredited college or university. You shall initially pay, and be reimbursed by the City upon presentation of documented completion of the coUrse. Provided, however, that the College and/or University program shall be initially approved by the City Manager. Reimbursement shall be as follows: A grade of"A" or "B" shall be reimbursed at 100% of the cost of the course. A grade of"C" shall be reimbursed at 50% of the cost of the coUrse. In the event that a course is a mandatory pass/fail course, a grade of paSsing shall be treated as a satisfactory grade. Courses must lead to a degree in the fields of law enforcement, criminal justice, public administration, or any other similar police profession discipline that may, in the opinion and with the approval of the City Manager, enhance yoUr performance as a law enforcement officer. The City shall provide you with an assigned take home vehicle and equipment (uniforms, weapons, bulletproof vest and other items) provided to the Sergeant's of the Boynton Beach Police Department. In the event you are demoted or the position of Major is eliminated, or you voluntarily surrender your position as Major, you will revert back to a Sergeant position, with salary/benefits/Seniority -3- John E. Smith June 7, 2001 Page 4 provisions as they would have existed had you not been promoted to Major. The City shall: a. defend and indemnify you against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment; and b. pay any judgment that may be entered against you ina civil action arising out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment, except a judgment based on intentional wrongdoing by you. c. reserves the rights to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. Your appointment and the term of this Appointment shall commence on the date of execution. It is anticipated that your start date with the City shall be This Appointment shall terminate: a. at any time by mutual agreement of you and the City; b. upon your sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all or substantially all of your duties and obligations pursuant to this Appointment as a result of physical or mental illness or condition, which inability shall be verified at the City's expense (to the extent not covered by applicable medical insurance maintained by the City) by a licensed physician mutually agreed upon by you and the City, provided that state or federal law or regulation would not preclude or prohibit your separation under the condition. In the event the parties are unable to mutually agree on a physician within fifteen days of a request for selection, the examining physician will be selected solely by the City. c. at any time by the City Manager or his designee's and City Commissions' unilateral .termination of your Appointment for the position. d. your death. e. your resignation. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than forty-five (45) days following the date of notice of resignation. Unilateral termination shall be in writing, signed by the City Manager or his designee, and need not reflect performance-related reasons. If this Appointment is terminated by unilateral action by the City Manager or his designee, you shall be entitled only to: Sgt. John E. Smith June 7, 2001 Page 5 a. reimbursement for as-yet um'eimbursed expenses pursuant to this Appointment; b. an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired pnior to 10/1/91; c. an amount for accrued and unused sick leave, not to exceed the maXimum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91. If this Appointment terminates upon mutual.agreement of the parties, you:shall be entitled to: a. reimbursement for as-yet unreimbursed expenses pursuant to ~this Appointment; b. an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91; c. an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91; If this appointment terminates due to your physical disability or death, you or your guardian or personal representative shall be entitled only to the following compensation and benefits: CITY; a. base salary through the last day that you performed services to or on behalf of the b. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; c. an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedUle/formula for non-union employees hired prior to 10/1/91; and d. life and/or disability benefits if applicable. If this appointment terminates due to your resignation, you shall be entitled only to the following compensation and benefits: a. base salary through the date of resignation or such other date as mutually agreed to between you and the City Manager or his designee b. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; -5-' Sgt. John E. Smith June 7, 2001 Page 6 c. an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91; d. life and/or disability benefits if applicable. No modification of or amendment to this Appointment shall be valid unless reduced to writing and signed by both parties. No collective-bargaining agreement to which the CITY is a party shall in whole or in part govem, apply to, or be deemed part of or incorporated into this appointment. Any civil action arising out of this Appointment or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. The CITY's waiver of any breach of any term, condition, or covenant of this Appointment shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this appointment. This Agreement shall be binding on and inure to the benefit off a. Your heirs and personal representatives; and b. the City regardless of changes in the persons holding office as members of the City. -If any provision of this Appointment or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this Appointment or their application to other parties or circumstances. This Appointment and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. This Appointment Letter contains the entire agreement between the City and you. All prior agreements and understandings, whether written or oral, pertaining to the City's appointment of you are fully abrogated and of no further force and effect fi:om and after the date of this Appointment letter. Regardless of which party's counsel prepared the original draft and subsequent revisions of this Appointment, and the City and their respective counsel have had equal oppommity to contribute to and have contributed to its contents, and this Appointment shall not be deemed to be the product of and, therefore, construed against either of them. -6-' Sgt. John E. Smith June 7, 2001 Page 7 The omission from this letter of a term or provision contained in an earlier draft of the letter shall have no evidentiary significance regarding the intent of the parties. If the foregoing terms and conditions are acceptable to you, please sign the original of thisletter in the space provided below and remm it to me. Very truly yours, Kurt Bressner City Manager John E. Smith s:ca~agr\¢mpkSmith Agr060701 Dated: -7- CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION Class Code 11139 Grade: 37 53,224 / 63,869 / 79,836 FLSA: E CLASSIFICATION TITLE: POLICE MAJOR PURPOSE OF CLASSIFICATION The purpose of this classification is to provide administrative and managerial oversight for the operations of multiple divisions and to assist the Police Chief with the overall management of the Police Department in order to preserve peace; to protect lives, property, and rights of the public; and to enforce statutory laws and ordinances. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing/reviewing employee performance appraisals. Manages and directs, either personally or through subordinate supervisors, police operations and administrative activities of the Uniformed Services, Administrative Services, the Detectives' Bureau, Professional Standards, Internal Affairs, Vice, and training functions; ensures that staff understands the impact and effect of responsibilities; inspects, reviews, and evaluates work of staff; measures unit progress towards meeting and attaining specific directives and/or general objectives of the unit; determines proficiency level and identifies areas requiring improvement; formulates and executes action plan to correct deficiencies; provides technical and conceptual assistance and guidance as necessary. Performs various administrative tasks and participates in decisions relating to staffing, allocation of personnel, and other personnel management issues; participates in selection process of new recruits and administrative personnel; intervenes in difficult employee relations issues; ensures proper scheduling and allocation of personnel and other resources; provides input into transfers, promotions, demotions, and salary changes. Assists with preparation of long range management plans; establishes goals and objectives for department and individual divisions; develops and implements departmental policies, standard operating procedures, and training plan; formulates mission statements based on goals; ensures Mission Statement is fulfilled; prepares action plans for crime reduction; Plans, initiates, and implements special programs and projects for the department; coordinates department-wide response and nmlti-zone assistance to unusual or critical problems/situations; assists with special assignments and with case management as necessary. Meets with the Police Chief and other city officials regarding major policies affecting the administration of the division/department; communicates progress/problems and critical reports/complaints to the Police Chief. Oversees and participates in training program to ensure that training objectives and needs are met; instructs and directs subordinates on proper procedures and protocol of the department; ensures that personnel comply to guidelines, uniform requirements, and other departmental regulations. © David M. Griffith & Associates, Ltd- Page I Last Revised: October, 1998 City of Boynton Beach, Florida · Police Major 11139 Responds to questions, complaints, and requests for information from citizens, elected officials, officers, employees, and variOus other individUals. - " Conducts internal investigations as required or requested by the Police Chief; investigates complaints against department personnel; makes disciplinary action ' ' Assists with annual budget preparation; monitors ¢ payments. Prepares applications for and seeks government grants to fund special programs, manpower and other depmtmental resources; administers grant funded programs; researches grants: and other sources of funding for new or existing programs. Serves as departmental liaison to outside organizations, agencies, andother City departments regarding departmental opemti°ns and programs; cooperates with federal, state, and local law enforcement agencies and their officers or representatives when activities are related to investigations Within city jurisdiction; works closely with other deparhaents and community organizations to assist in implementation of commtmity policing program. Establishes and maintains positive public relations; attends and addresses neighborhood groups, schools, civic organizations, and churches; assists with community activities, programs, and crime prevention; attends official functions, council, and cornlTnmity meetings; makes presentations and public.speeches to the media, civic groups, schools, and churches; serves on special panels, bOards, and/or committees as assigned. Reviews documents processed by subordinates to ensure accuracy; reviews previously assigned cases with officers; discusses errors and recommends method for corrective action; provides technical assistance as needed. Enforces all city and state codes, ordinances, laws and regnlations in order to protect life and property and to prevent crime and promote security; ensures safety of officers. Maintains a comprehensive, current knowledge and awareness of applicable laws/regulations; reads professional literature; maintains professional affiliations; attends supervisory meetings, seminars, workshops, and training sessions as appropriate. Completes, prepares~ reviews, and/or approves a variety of fora, logs, requests, records, reports, correspondence, and various other documents 'associated with daily responsibilities of this position; prepares and maintains files and administrative records. ADDITIONAL FUNCTIONS Answers the telephone; provides information, advice and guidance; takes and relays messages and/or direct calls to appropriate personnel; returns calls as necessary. Conducts inspections of departmental vehicles, equipment and buildings; oversees maintenance of law enforcement vehicle; maintains weapons and equipment in functional and presentable condition. Serves as acting Police Chief as assigned; performs duties of other officers as necessary. Performs other related duties as required. MINIMUM QUALIFICATIONS Bachelor's degree m criminal justice, public administration, business administration, or closely related field; supplemented by ten (10) years previous experience and/or training that includes law enforcement, administration, © David M. Griffith & Associates, Ltd. Page 2 Last Revised: OCtober, 1998 Cit~ of Bo}mton Beach, Florida · Police Major 11139 and investigative work; or any equivalent combination of education, trair~ug, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain certification as a Police Officer from the Florida Department of Law Enforcement. Must possess and maintain a valid Florida driver's license. David M. Griffith & Associates, Ltd. Page 3 'Last Revised: October, 1998 City of Bo~nton Beach, Florida · Police Maior 11139 PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to function in a managerial capacity for a division or organizational unit. Includes the ability to make decisions on procedural and technical levels. Equipment~ Machinery,, Tools~ and Materials Utilization: Requires the ability to operate and control the actions of equipment, machinery, tools and/or materials requiring complex and rapid adjustments. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and informatiom Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs. Functional Reasoning: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert moderate, though not constant physical effort, typically involving some combination of climbing and balancing, stooping, kneeling, crouching, and crawling, and which may involve some liffing, carrying, pushing and/or pulling of objects and materials of moderate weight (12-20 pounds). Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, odor, depth, texture, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as temperature and noise extremes, explosives, violen~ ce, disease, or pathogenic substances. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. David M. Griffith & Associates, Ltd. Page 4 Last Revised: October, 1998 I UOY TON uEACI-I 'OLicE DEPARTMENT PERFORMANCE EVALUATION REPORT - COMMAND OFFICER INSTRUCTIONS: Do not complete this report until you have read and understood the Performance Evaluation SOP. SECTION A: PERSONNEL INFORMATION Employee Name: Division: Period Covered: SECTION B: ( ) ANNUAL SECTION C: Job Classification: Date of Hire: Report Due: to: TYPE OF REPORT ( ) INTERIM ( ) PROBATIONARY (Status) EVALUATION FACTORS ( ) PROBATIONARY (Final) INSTRUCTIONS: Circle the appropriate number on the right side for each of the categories. Explanation/comments are required for all categories. Additional pages may be attached if needed. CATEGORIES PERFORMANCE LEVELS 1. PERSONAL APPEAR. & MAINTENANCE OF ASSIGNED EQUIP. 2 4 6 $ 10 Explanation/Comments 2. DEVELOPMENT & USE OF PROB.SOLVING STRATEGIES 3 6 9 12 15 Explanation/Comments 3. UTILIZATION OF AVAILABLE ANALYTICAL DATA 2 4 6 8 10 Explanation/Comments 4. MANAGEMEN~ EFFECTIVENESS Explanation/Commen~s 3 6 9 12 15 5. UTILIZATION OF ASSIGNED RESOURCES 3 6 9 12 15 Explanation/Comments 6. FISCAL MANAGEMENT 2 4 6 8 10 Explanation/Comments 7. COMMAND PRESENCE 2 4 6 8 10 Explanation/Comments 8. AWARENESS OF COMMUNITY NEEDS & PROBLEMS 2 4 6 8 10 Explanation/Comments 9. DEVELOPMENT/PRODUCTIV; OF SUBORDINATE PERSONNEL 3 Explanation/Comments 6 9 12 15 10. WRITTEN & VERBAL COMMUNICATION SKILLS Explanation/Comments 3 6 9 12 15 SECTION D: OVERALL PERFORMANCE INSTRUCTIONS: Add total number of points awarded in Section C above and divide by sixteen. Compare the results to the scale below to determine the overall performance rating. OUTSTANDING ....... 4.41 TO 5.00 IMPROVEMENT NEEDED ..... 1.91 TO 2.90 EXCELS ................ .....3.71 TO 4.40 UNSATISFACTORY ................ 1.00 TO t.90 MEETS REQUIRE....2.91 TO 3.70 NUMBER OF POINTS AWARDED: OVERALL EVALUATION: SECTION E: EMPLOYEE DEVELOPMENT Identify two (2) or more areas in which the employee can grow professionally. Note specifically how the employee can make progress toward goal attainment. (ATTACH OTHER SHEETS IF NECESSARY) Identify any areas in which training has been provided to the employee and progress (or lack thereof) noted as a result of said training. Also note any specific training that is recommended for the employee. i SECTION F: SIGNATURES/COMMENTs NAME/RANK OF RATER: REVIEWING OFFICER: COMMENTS OF REVIEWING OFFICER: SIGNATURE: DATE: SIGNATURE: DATE: Upon signing this Report, I acknowledge having discussed it with the Rater and having received a copy. I do not necessarily agree with the conclusions. SIGNATURE OF EMPLOYEE: DATE: EMPLOYEE COMMENTS: SIGNATURE OF DIVISION HEAD: SIGNATURE OF CHIEF OF POLICE: DATE: DATE: BOYNTON BEACH POLICE DEPARTMENT PERFORMANCE EVALUATION ANCHORS - COMMAND OFFICER I. PERSONAL ~PEARANCE AND MAINTENANCE OF ASSIGNED EQUIPMENT Above Standard (10): The Command Officer consistently presents a neat and clean personal appearance. The Officer is well groomed, hair neatly trimmed in accordance with departmental policy, the uniform is clean and pressed. All assigned equipment including shoes, leather, firearm, police, vehicle, and other personal equipment are maintained in excellent condition. The Command Officer is in peak physical condition and weight is commensurate with height. The Officer regularly engages in physical fitness conditioning. Standard (6): The Command Officer maintains all assigned equipment in satisfactory condition, has an acceptable appearance. Hair style is not excessive, the Command Officer is not more than five pounds overweight and maintains a reasonable level of physical fitness. The Officer periodically engages in physical fitness conditioning. The Officer has had two or less incidents of deficiencies noted during inspections over the rating period. Below Standard (2): The Command Officer consistently fails to maintain his equipment in satisfactory condition, has had deficiencies pointed out in more than two inspections over the rating period. Grooming is unkept and is negligent in personal hygiene. The Officer is more than thirty pounds overweight. DESIRABLE WEIGHT RANGES MALES FEMALES 'Height Small Medium Large Height Small MediUm Large Frame Frame Frame Frame Frame Frame 5'4" 117-138 123-149 131-163 5'0" 96-114 ' 101-124 109-138 5'5" 120-142 126-153 134-167 5'1" 99-118 104-128 112-141 5'6" - 124-146 ] 130-157 138-173 5'2" 102-121 107-131 115-144 5'7" 128-151 134-163 143-178 5t3'' 105-124 110-135 118-149 5'8" 132-155 138-167 147-183 5'4" 108-128 113-139 121-152 5'9" 136-161 142-172 151-187 5'5" 111-132 117-144 125-156 5'10" i 140-165 146-177 155-193 5'6" 114-135 120-149 129-161 5'11" 144-169 150-183 160-198 5'7" 118-140 124-153 133-165 -144 1 '8" 137-169 6' 1487174 . 154-188 : 164-204 . 5 ' 122 ~ 28-157 6'" 152-179 ~ 158-194 .~ 169-209 . 5'9" 126-149 132-162 141-174 1 ~ 6'2" 156-184 1:63-199 174-215 5'10" 130-154 136-166 145-179 6'3" 160-188 168-205 178-220 5'11" 134-158 140'171 149-185 6'4" 169'198 178~2i6 ~ 188-231~ ~ 6' 138-163 144-175 153-190 ~ 182~222 :I92.238 ~ 6~5" t74-204 ' 2. DEVELOPMENT AND USE OF PROBLEM-SOLVING~STRATEGIES Above Standard (15): The Command Officer consistently develops appropriate problem-solving strategies to combat periodic crime trends occurring in the city. Should the initial strategy be unsuccessful, the Officer implements a secondary strategy. Similarly, the Command Officer consistently develops appropriate problem solving strategies to resolve intradepartmental issues that are brought to their attention~ The strategies developed for both areas are logical in nature and reflect a keen analysis of the respective problem resulting in resolution of the problem. Solutions proffered are long term in nature rather than resolving a problem for the short term. Standard (9): The Command Officer normally develops appropriate problem-solving strategies to combat periodic crime trends occurring in the city. Should the initial strategy be unsuccessful, periodically a secondary strategy is implemented. The Command Officer normally develops appropriate problem solving strategies to resolve intradeparhnental issues that are brought to their attention. The strategies developed are adequate for the problem at hand and reflect an adequate plan of action. Analysis of the data provided is satisfactory. The recommended solution to the problem is usually long term in nature. Below Standard (3): The Command Officer consistently fails'to provide appropriate problem-solving strategies to combat periodic crime trends. Any strategy that is proffered is poorly analyzed and ineffective. Similarly, the Command Officers fail to provide appropriate problem-solving strategies for intradepartmental issues brought to their attention. Should a solution to a problem be proffered it is usually short term in nature and fails to resolve the problem. 3. UTILIZATION OF AVAILABLE ANALYTICAL DATA Above Standard (10): The Command Officer isy familiar with the department's information management system (records management and CAD system) and consistently utilizes it to derive analysis data to assist in the resolution of crime problems occurring within the city. The Command Officer consistently utilizes the information management system to attempt to predict crime trends or to reveal new crime problems. The information management system is consistently used to research data for applicable reports and documents. Standard (6): The Command Officer has a good understanding of the department's information management system (records management and CAD system) and usually utilizes it to derive analysis data to assist in the resolution of crime problems occurring within the city. The Command Officer usually utilizes the information management system in an effort to predict crime trends or to reveal new crime problems. Normally, the information management system is used to research data for applicable reports or documents. Below Standard (2): The Command Officer has a marginal understanding of the department's information management system (records management and CAD system) and occasionally utilizes it to derive analysis data to assist in the resolution of crime problems occurring within the city. The Command Officer rarely utilizes the information managementsystem to attempt to predict crime: trends or to reveal new crime problems. The information management system is rarely used to research data for applicable reports or documents. MANAGEMENT EFFECTIVENESS Above Standard (15): The Command Officer anticipates problem situations and consistently prevents same. Addresses incidents involving inappropriate action of subordinates always with perfect timing to obtain maximum learning impact and prevent further problems. Disciplinary actions of subordinates are handled effectively and on the respective Command Officer's level. Grievances are almost always resolved at the Command Officer's level. Actively solicits criticism/feedback in order to improve performance. Never argues or blames others for errors or mistakes. Command Officer encourages team work and participatory management when applicable. Uses superior supervisory monitoring and application of CALEA standards. Standard (9): Addresses situations when appropriate, usually anticipates problem situations and usually prevents same. Handles incidents involving appropriate actions of subordinates in a timely fashion. Disciplinary actions of subordinates are usually handled effectively and usually on the respective Command Officer's level. Grievances are usually resolved at the Below Command Officer's level. The Command Officer is fair and objective when dealing with subordinates. Uses effective supervisory techniques:. Is aware of CALEA standards and directs attention to achieving same. Standard (3): Fail/refuses to address a s techniques. Fails to address an appropriate time. Grievances are Denies errors were made. criticism as management same at Officer's level. corrective same. UTILIZATION 'OF ASSIGNED ] Above Standard (5): The Command Officer adeptly utilizes all resources made available and under his/her command. The Command Officer works with the resources provided and does not complain of shortages of any type. Is imaginative and alters plans to cover shortages to continue to provide current level of service. Standard (9): The Command Officer satisfactorily utilizes all resources made available and under his/her command. The OffiCer works with the resources provided:and generally accepts the shortages and usually does not complain of same. Normally alters plans to cover shortages in an effort to provide current level of service. Below Standard (3): The Command Officer ineffectively utilizes resources made available and under his/her command. The Officer does not work with the resources provided and blames that lack of resources for the inability to deliver appropriate service. Does not alter plans to cover shortages and fails to provide current level of service. FISCAL' MANAGEMENT Above Standard (10): ' The Command Officer consistently works within the budget provided. Is ever vigilant concerning expenditures of funds and staying within the given budget. Scrutinizes overtime expenditures and develops plans to minimize such expenses. Reviews training requests while always concerned about maintaining proper unit staffing without creating manpower shortages. The Command Officer demonstrates excellent fiscal 'management by rarely exceeding budgetary limits. Standard (6): The Command Officer usually works within the budget provided. Demonstrates awareness of expenditures of funds and stays within the given budget. Usually scrutinizes overtime expenditUres and attempts to prevent sUch exp~nses. Generally,: develops plans to reduce such overtime expenditUres for court and training. Usually maintains proper manpower levels when approving training. Has agood grasp of fiscal matters and does not usually exceed budgetary limits. Below Standard (2): The Command Officer rarely stays within assigned budget. Demonstrates little budgetary frugality. Approves overtime expenditUres with little concern for budgetary limits. Approves training which generates manpower shortages and related overtime. Has little concept of fiscal management. COMMAND PRESENCE Above Standard (10): The Command Officer always presents a positive image about his/her position and the police department as a whole. Consistently maintains a positive attitUde towards work and the department. The Command Officer is consistently timely for work and work related appointments. The Command Officer has had no incidents of sickness during the rating period. Consistently develops new concepts and programs for the good of the organization or the community, participates in community functions, generates ideas and suggestions on behalf of the community. Encourages subordinates participation in community events, functions, and organizations. Promotes the police department via the media. Always recognizes subordinate contributions to the police department and the community. Standard (6): The Command Officer generally presents a positive image about his/her position and the police department as a whole. Normally maintains a positive manner towards work and the department. The Command Officer is timely for work and work appointments. The Command Officer has had not more than two incidents of sickness during the rating period. Usually develops new concepts and programs for the good of the organization or the community, generally participates in community functions, generates ideas and suggestions on behalf of the community. Usually solicits and encourages subordinate participation in community events, functions, and organizations. Generally promotes the police department via the media. Usually recognizes subordinate contributions to the police department and the community. Below Standard (2): The Command Officer rarely presents a positive image about his/her position and the police department as a whole. Generally maintains a negative attitude. The Command Officer is ge o not timely for work or work related appointments in excess of three incidents. more than two incidents of sickness during the ratin development for the not participate in communit3 events, de community. Has had Concept and program iS , observed, does s on behalf participate in community p police AWARENESS OF COMMUNITY NEEDS AND PROBLEMS Above Standard (10): The Command Officer is keenly aware of crime patterns occurring in the city. Able to discern periodic criminal activity that is unusual for particular areas of the city. The Command Officer is consistently abreast of specific community problems. Areas of community concern or criminal patterns are no surprise to the Command Officer when brought to his attention by a superior officer. Maintains a high level of knowledge of events within the community that impact on crime, potential crime, or attitudes of the community. Is aware of crime trends or problems within the City or in particular communities and actively utilizes that information for the resolution of crimes and/or problems. Identifies crime trends or significant events early attention toward timely resolution of the problem, The Command OffiCer is ~ who are noted as being community leaders/resources. Standard (6):: The Command Officer maintains a reasonable awareness of crime patterns occurring in the community. Can discern periodic criminal activity that is unusual for particular areas of the community. Usually is aware of specific community problems and is not usually surprised to hear of criminal patterns brought to his attention by a superior officer. Maintains a reasonable level of knowledge of events within the community that impact on crime, potential crime or attitudes of the community. The Command Officer is usually knowledgeable of persons who. are noted as being community leaders/resources. Below Standard (2): The Command Officer fails to make himself aware of ongoing events within the community relating to crime or community concerns. Rarely recognizes crime patterns occurring in the city, fails to address those concerns brought to his attention. Is not aware of community problems Or tensions, shows little interest in said problems, and fails to provide solutions. The Command Officer does httle beyond the spemfic duties assigned to h~m and takes httle interest in the community or trends within the community. DEVELOPMENT AND PRODUCTIVITY OF SUBORDINATE PERSONNEL 10. Above Standard (15): The Command Officer develops job-related criteria to accurately access the overall productivity of the unit/division and usually achieves the goals and objectives of the department. Criteria established is not based solely on the achievement of certain statistics, rather these are determined based upon reducing or eliminating particular crime trends, creating a better relationship based upon citizen contacts and comments, and the overall ability of subordinates to generate solutions to community crime problems. Should subordinate productlwty:be substandard, he readily develops remedies to improve productivity by devising training applicable to improve performance and diminish the deficiency. The Command Officer consistently utilizes empowerment in order to improve the personal as well as assist in the development of subordinate fiques: Standard (10): The Command 'Officer normally develops job-related criteria to accurately access the overall :tivity of the unit/di~,ision and usually achieves the goals and objectives of the de[ Erit&ia ihed isi not normally baSed uPon ~he achievement of certain statistics; but ~ or eliminating particular crime trends, creating better and comments, and the overall solutions to community crime problems. Should he usually develops remedies to improve nprove performance and diminish the deficiency. The Command Officer usually utilizes enpowerment in order to improve the productivity of his Personnel as welll as assist in the develoPment of subordinate personnel. Promotes subordinate motivation via appropriate management techniques. Below Standard (5): The Command Officer shows little initiative to create job-related criteria mechanism by which to assess unit productivity. The elimination of crime patterns or trends are of no use to him when determining unit productivity. COmmunity contacts by subordinate personnel is not part of the criteria based assessment of productivity. Statistics are used solely to determine unit/division productivity. Subordinate personnel are rarely empowered to find solutions to crime and community problems. Should subordinate productivity be below standard the Command Officer shows little or not interest in remediation of deficiencies. Little subordinate motivation is evident due to inappropriate management techniques. WRITTEN AND VERBAL COMMUNICATION SKILLS Above Standard (15): The Command Officer consistently communicates effectively in both verbal and written form to diverse groups, individuals or situations. Has excellent interpersonal skills and uses them appropriately. The Command Officer's verbal communications skills do not offend or insult the receiver. The Command Officer is never condescending ir} speech and maintains poise both in manner and response towards hostile receivers. The Command Officer actively listens to verbal communication directed to him. Written documents are Spelling, and punctuation is the hallmark of those documents. Written or corrections. Reports submitted are of Standard (10): tO appropriate. Verbal communications skills rarely offend or are rarely condescending and when Remarks manner and response listening to ~ usually error free. are submitted. are usually detailed in I on a timely staff work Below Standard (5): The Command Officer fails to communicate or listen effectively. Has poor interpersonal skills. Fails to establish a rapport with others, unable to diverse segments of the community. Remarks are condescending and fraught with ~, . Receivers are usually insulted or offended by thede The Command Officer responds in like, to hostile receivers ~ Written reports are Reports are rarely are rarely V-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,200l NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p:m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 200l (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) [] Admirdstmtive [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve the contract of Steve Graham for the position of Major in the Boynton Beach Police Department. EXPLANATION: The position of Major has been filled as an acting position for the past three years. This will allow the department to permanently appoint a person to this position. PROGRAM IMPACT: FISCAL IMPACT: Major Graham's contract will be for $84,200.00 per year. Budgeted amount has been provided within the Police budget. ALTERNATIVES: Department Head's Signature Police Department Name ~s Signature JtCity'Attomey / Finance / Human Resources S:XBULLETIN~ORMS~AGENDA ITEM REQUES'~ FORM.DOC RESOLUTION NO. ROi- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING THE ~ AS MAJOR POLICE ITY ON BEHALF GRAHAM; AND N T. WHEREAS, upon the recommendation of staff, the City desires to employ the services of Stephen T. Graham as Major in the City of Boynton Beach Police Department; and WHEREAS, it is the desire of the City Commission to provide certain benefits and requirements regarding the employment of Stephen T. Graham by the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby confirm the appointment of Stephen T. Graham as Major in the City of Boynton Beach Police Department and authorizes the City Manager to execute AN Appointment letter on behalf of the City of Boynton Beach with Stephen T. Graham, said letter being attached hereto as composite Exhibit "A", and incorporated herein by reference. Section2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk Commissioner Commissioner s:ca\res\empJoyment\GraharnReso June ,2001 Lt. Stephen T. Graham Boynton Beach Police Department 100 East Boynton Beach Boulevard Boynton Beach~ FL 33435 Re~ Appointment Letter - Major/Police Department City of Boynton Beach Dear Lt. Graham: I am pleased to offer you an appointment of Major in the Boynton Beach Police Department under the following terms and conditions: By accepting this position you are representing to the City that you have the professional expertise and experience to perform the services to be provided by you pursuant to the terms of this Agreement. You have been advised and understand that the position you are accepting is not a civil service position and the City's Civil Service Rules and Regulations are not applicable to you. By entering into this agreement, you waive all rights under the City's Civil Service system. You will be an at will employee of the City and you acknowledge that there has been no representation or promise, expressed or implied fixing the term of your appointment, except as provided for herein. You shall report to and be supervised by the Chief of Police, shall be assigned to the police department headquarters, and shall perform those duties set forth in the job description as provided by the Chief of Police. In this position, you shall be considered exempt from the provisions of the Federal Labor Standards Act (FLSA) except as provided for in this agreement. While the demands of your position require a flexible work schedule, your normal schedule shall be Monday through Friday between the hours of 8:00 A.M. and 5:00 P.M., or, as scheduled by the Chief of Police. The job description for Major/Police Department is attached as Exhibit "A. You have represented in the interview process that you are qualified to handle the job responsibilities and you now agree to provide the City with the services included in that job description. Except as otherwise expressly provided by this Appointment, as Major of the Police Department you shall at all times: a. devote all your time, attention, knowledge, and skill solely and exclusively to the .business and interests of the City during normal working hours and at City related events after normal business hours. b. perform your duties and obligations faithfully, industriously, and to the best of your ability. -1- Lt. Stephen Graham June 7, 2001 Page 2 c. not engage in conflicting outside employment except with prior written authorization of the Chief of Police or his designee. d. keep the Chief of Police or his designee fully informed in advance of all travel and activities that take you out of the office for more than a day at a time. All travel must receive prior written approval ofthe Chief of Police or his designee. The Administration will, review and evalUate your performance at least bi-annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with performance criteria developed by the Chief of Police or his designee, which criteria must be provided to you in advance of the commencement of the period of evaluation. The initial performance criteria is as set forth on Exhibit "B", attached hereto. The criteria may be added to or deleted from as the Chief of pOlice or his designee may from time to time determine. Periodically, you will meet with the Chief of Police or his designee and define such goals and performance objectives that are determined in attainment of the objectives and shall further establish a relative priority objectives, which shall be reduced to writing. Such goals and obj attainable within the time limitations as specified in the annual operating and capital provided by the City. Compensation reviews are not subject to any specific formula applicable to other City personnel. Wage adjustments shall be at the sole discretion of the City Manager or his designee and are subject to the appropriation of funds by the City Commission. You shall receive an annual: salary of EIGHTY-FOUR THOUSAND TWO HUNDRED DOLLARS ($84,200.00), payable, in equal installments paid at the same intervals as the City's management personnel are paid. The City shall pay or reimburse you consistent with reimbursement policies for the Police Chief and Assistant Police Chief. You shall receive the same health and dental benefits as those provided to the Lieutenant's in the Bo.vnton Beach Police Department, as set forth in the Lieutenant collective bargain agreement. You shall receive the same disability insurance benefit provided to non-union City employees hired prior to 10/1/91. You shall be provided with a Fifty Thousand Dollar ($50,000) term life insurance policy, the cost to be borne by the City of Boynton Beach. This policy shall bear a double indemnity provision for death occurring in the line of duty. This shall be in addition to any other benefits required by State of Federal law. You shall receive the same Retirement System benefit provided to Lieutenants'in the Boynton Beach Police Department hired prior to 10/1/91. _2_ Lt. Stephen Graham June 7, 2001 Page 3 You shall be entitled to observe the same paid legal holidays as non-union employees hired prior to 10/1/91. You shall receive the following paid leave: A) Annual leave: B) Sick leave: C) Personal leave: D) Compassionate leave, as follows: 200 hours per year 96 ,hours per year 40 hours per year. This cannot be accrued year to year In the event of a parent, foster parent, sibling, spouse, child, grandparent, grandchild, mother or father-in-law, sister or brother-in-law, grandparents of spouse and any permanent family member of the household you shall be entitled to paid compassionate leave not to exceed three (3) . consecutive calendar days for any one death. However, if it is necessary for you to leave the State in connection with the internment of the deceased, leave shall not exceed five (5) consecutive calendar days for any one leave may be authorized the Chief of Police or his designee on such additional leave shall be debited against Your accrued sick or annual leave~ E) All other leave shall (leaves of 'absence,~ training, seminars, family sick) shall be in accordance with the City's Personnel Policies Manual (PPM). You shall receive a clothing allowance of one thousand four hundred ninety-six ($1,496) dollars per year, paid in three hundred seventy-four ($374) dollar installments at the end of each quarter. The City shall provide an incentive in the form of paid tuition and books should you choose to attend an accredited college or university. You shall initially pay, and be reimbursed by the City upon presentation of documented completion of the course.: Provided, however, that the College and/or University program shall be initially approved by the City Manager. Reimbursement shall be as follows: A grade of"A" or "B" shall be reimbursed at 100% of the cost of the come. A grade of"C" shall be reimbursed at 50% of the cost of the course. In th event that a course is a mandatory pass/fail course, a grade of passing shall be treated as a satisfactory grade. Courses must lead to a degree ~in the fields of law enforcement, criminal justice, public administration, or any other similar police profession discipline that may, in the opinion and with the approval of the City Manager, enhance your performance as a law enforcement officer. The City shall provide you with an assigned take home vehicle and equipment (uniforms, weapons, bulletproof vest and other itemS) provided to the L~eutenant of the Boynton Beach Police Department. In the event you are demoted or the position of Major is eliminated, or you voluntarily surrender your position as Major, you will revert back to a Lieutenant position, with salary/benefits/seniority Lt. Stephen Graham June 7, 2001 Page 4 provisions as they would have existed had you not been promoted to Major. The citY shall: a. defend and indemnify you against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment; and b. pay any judgment that may be entered against you in a civil action arising out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment, except a judgment based on intentional wrongdoing by you. c. reserves the rights to select, appoint, retain, or :discharge legal counsel necessary to provide the foregoing defense. Your appointment and the term of this Appointment shall commence on the date of execution. It is anticipated that your start date with the CitY shall be This Appointment shall terminate: a. at any time by mutual agreement of you and the City; b. upon your sustained inability for all or substantially all of 180 calendar days in a I90 day period to perform all or substantially all of your duties and obligations pursuant to this Appointment as a result of physical or mental illness or condition, which inability shall be verified at the City's expense (to the extent not covered by applicable medical insurance maintained by the City) by a licensed physician mutually agreed upon by you and the City, provided that state or federal law or regulation would not preclude or prohibit your separation under the condition. In the event the parties are unable to mutually agree on a physician within fifteen days of a request for selection, the examining physician will be selected solely by the City. c. 'at any time by the City Manager or his designee's and City Commissions' unilateral termination of your Appointment for the position. d. your death. e. your resignation. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than forty-five (45) days following the date of notice of resignation. Unilateral termination shall be in 'writing, signed by the City Manager or his designee, and need not reflect performance-related reasons. If this Appointment is terminated by unilateral action by the City Manager or his designee, you shall be entitled only to: Lt. Stephen Graham June 7, 2001 Page 5 a. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; b. an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91; c. an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91. If this Appointment terminates upon mutual agreement of the parties, you shall be entitled to: a. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; b. an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91; c. an amount for'accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to10/1/91; If this appointment terminates due to your physical disability or death, you or your guardian or personal representative shall be entitled only to the following compensation and benefits: CITY; a. base salary through the last day that you performed services to or on behalf of the b. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; c. an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91; and d. life and/or disability benefits if applicable. If this appointment terminates due to your resignation, you shah be entitled only to the following compensation and benefits: a. base salary through the date of resignation or such other date as mutually agreed to ~, between you and the City Manager or his designee ..... ? b. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; Lt. Stephen Graham June 7, 2001 Page 6 c. an amount for accrued and ,unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-umon employees hired prior to 10/1/91; d. life and/or disability benefits if applicable. No modification of or amendment to this Appointment shall be valid unless reduced to writing and signed by both parties. No collective-bargaining agreement to which the CITY is a party shall in whole or in part govern, apply to, or be deemed part of or incorporated into this appointment. Any civil action arising out of this Appointment or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. The CITY's waiver of any breach of any term, condition, or covenant of this Appointment shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this appointment. This Agreement shall be binding on and inure to the benefit off a. Your heirs and personal representatives; and b. the City regardless of changes in the persons holding office as members of the City. If any provision of this Appointment or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this Appointment or their application to other parties or circumstances. This Appointment and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. This Appointment Letter contains the entire agreement between the City and you. All prior agreements and understandings, whether written or oral, pertaining to the City's appointment of you are fully abrogated and of no further force and effect from and after the date of this Appointment letter. Regardless of which party's counsel prepared the original draft and subsequent revisions of this Appointment, and the City and their respective counsel have had equal oppommity to contribute to and have contributed to its contents, and this Appointment shall not be deemed to be the product of and, therefore, construed against either of them. -6- Lt. Stephen Graham June 7, 2001 Page 7 The omission from this letter of a term or provision contained in an earlier draft of the letter shall have no evidentiary significance regarding the intent of the parties. f the foregoing: terms and conditions are acceptable to you, ' pleaSe sign the original of this letter in he space provided below and return it to me. Very truly yours, Kurt Bressner City Manager Stephen T. Graham s:ca\agr\emp\Gmham Agr051901 - Clean Dated: -7-' Class Code 11139 Grade: 37 53,224 / 63,869 / 79,836 FLSA: E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: POLICE MAJOR PURPOSE OF CLASSIFICATION The propose of this classification is to provide adminiswative and managerial oversight for the operations of. multiple divisions and to assist the Police Chie~ with the overall management of the Police Department m order to preserve peace; to protect lives, property, and rights of the public; and to enforce statutory laws and ordinances. ESSE~ FUNCTIONS The following dUties are nodal for this positio, n.. T~..e omi~.io.n of sp. ec~c. stat. e~en_~.o~f__th~ei~dcU~a~:;~.onn°,t exclude them from the classification if the work is slroilar, relatea, or a toglcat assignment ~ur u~ .~ · Other duties may be required and assigned. Supervises, directs~ and evaluates assigned stafl~ processing employee concerns and problems, directing work, counseling disciplining, _~,d completing/reviewing employee performance appraisals. Manages and directs, either personally or through subordinate supervisors, police operations and administrative activities of the Ulliformed Services, Administrative Services, the Detectives' Bureau, Professional Standards, Internal ensures that staff understands the ira?act and effect of respons~ilities; inspects, Affairs, ~ measures unit progress towards meeting and a _t~_ining specific directives and/or general objectives of the unit; determines proficiency level and identifies areas requiring improvement; formulates and executes action plan to correct deficiencies; provides technical and conceptual assistance and guidance as necessary. other nersonnel mana~ issues; participates m seiecuon process ox new .v:c~...~ ~..,, ~ . . ~.~... · : ' -~ · · ........... che~ din~ and allocation o! persormet anu umc~ resources; provides input ~ transfers, promotions, demotions, and salary change. formulates mission statements based on goals; ensures Mission Statement ~s nunncu; reduction; Plans, initiates, and irnntements special programs and projects for the department; coo~i-ates department-wide response and multi-zone'assistance to unusual or critical problems/situations; assists with special assignments and with Meets w/th thc Police Chief and other city officials regarding major policies affecting the ,drn/ni.~uation of the division/deparm~ent; connmmicates progress/problems and critical reports/complaints to the Police Chie£ Oversees and participates in tr~inin! program to ensure that,training objectives and needs are met; insffucts and dh'ects subordinates on proper procedu~s and protocol of the deparunent; ensures that personnel comply, to guidelineS, ,miform requirements, and other departmental regulations. David M. Grlfl~ & Assoe~tes, Lt& Pnge I Last Revised: October, 1998 ,' Florida *Police Ma'or. 11139 Responds to questions,~ complainis, and r~ques~s for information from citizens, elected officials, office~s, employees, and various other individusls~ ~ Conducts internal investigatiom as required or reques~d by the police Chief; investigates complaints against depamneat personnel; decisions. With _nnnual Prepares applications for and seeks resources; adrpinisters grant funded programs. or with other representatives when activities ate . ;progr~_m~ d~p~ts and community org'anizatiom tO assist m Establishes and maintains positive public relations; attends and addresses: neighborhood groups, schools, civic attends official organizatiom, and churches; assists with civic groups, schools, and churches; serves on Reviews documents discusses errors Enforces all city and state codes assigned cases with officc~s; order to protect life and property and to prevent Maintains a comprehensive, IReraUu~; maimai~ as appropriate. Completes, prepares, Pz~riews, and/or approves a variety of forms, various other documems associa~ with daily respom~ilities adminislrativc ~ecords. sessions ADDmON L .IN ONS Answers the telephone; provides intormalion, advice and guidance; takes and relays messages and/or direct calls to ........... · ' -~-----,,-,,,-,~ vehicles, equipment and buildings; o.v..ersees maintenance of law enforcemenI ~lams ~U~a~d~m~ in fimctio~,~l ,nd presentable condition. Serves as actin~ Police Chief as assigned; pe~orms duties of other officers as necessary. MINIMUM QUALIFICATIONS ' Bachelor's degree in criminal justice, public ad_ministration, business administration, or closely related field; supplemented by ten (10) years previous experience and/or training that includes law enforcement, admires' tmtion, © David M. Griffith & Associates, Ltd. l~ge i Last Revised: October, 1998 Cit~ ofBo,vnton Beach~ Florida. Police Maior 11139 and investigative work; or any equivalent combination of education, training, and experience which provides the requisite knowledge, sk-illa, and abilities for this job. Must possess and maintain certification as a Police Officer from the Florida Depa~iment of Law Enforcement. Must possess and maintain a Valid Florida driver's license. David M. Griffith & Associates, Ltd. Page 3 Last Revised: October, 1998 11139 t~, At nn~ntnn Reach, Florida · Police Ma'or ~ Re ' s the abili to evaluate, audit, deduce, and/or assess data using established criteria. Data Utilization: qmre ty . __ ' referencin such evaluafionto .......... . ..... · · cons uences and m g Includes eXerclsmg discretion m determining actual or probable eq identify and select alternatives. Human Interaction: Requ/res the ability to fu~. tx.on m..a ~_g,e,n..,alveC~.pacity for a division or organi,ational unit. Includes the ability to make decisions on proceOorai ana tecnmcai lew · . Eouioment~ M=e_hlnerv~ Tools, and Materlgls Utilization..: Requires the ability to operate and control the actions of equipment, machinery, tools and/or materials requhing c°mplex and rapid adjustments. ~: Requires the ability to u~li~.e a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Aufitude_: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate dec/reals and percentages; the ability to utilize principles of fi-actions; and the ability to interpret graphs. Funefionai Reasoninl: Requires the ability to apply principles of rational systems; to interpret instructions furnished'in written, oral, diagrannnatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasonim!: Requires the ability to exercise judgment, decisiveness and creativity in situations involving ~e evaluation of information against sensory, judglnental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. ADA COMPLIANCE ~: Tasks require the ability to exert moderate, though not constant physical effort, typically involving some combination of climbing and balancing, stooping, kneeling, crouching, and crawling, and which may involve some lifting, carrying, pushing and/or p~_dling of objects and materials of moderate weight (12-20 pounds). Sensory Requirement!..: Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, odor, depth, texture, and visual cues or signals. Some tasks require the ability to comnmnicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as temperature and noise extremes, explosives, violence, disease, or pathogenic substances. The City of Boynton Beaclx, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individ~sl-~ with disab'flities and encourages both prospective and current employees to discuss potential accommodations with the employer. David M. Griffith & Associates, Ltd. Page 4 Last Revised: October, 1998 BOYNTON BEACH pOLICE DEPARTMENT PERFORMANCE EVALUATION REPORT - COMMAND OFFICER INSTRUCTIONS: Evaluation SOP. Do not complete this report until you have read and understood the Performance SECTION A: PERSONNEL INFO~TION Employee Name: Division: Period Covered: Date of Hire: Job Classification: Report Due: to: SECTION B: TYPE OF REPORT ( ) ANNUAL ( ) INTERIM ( ) PROBATIONARY (Stares) ( ) PROBATIONARY (Final) SECTION C: EVALUATION FACTORS INSTRUCTIONS: Circle the appropriate number on the right side for each of the categories. Explanation/comments are required for all categories. Additional pages may be attached if needed. CATEGORIE, S PERFORMANCE LEVELS 1. PERSONAL APPEAR. & MAINTENANCE OF ASSIGNED EQUIP. 2 Explanation/Comments 4 6 8 10 2. DEVELOPMENT & USE OF PROB.SOLVING ~TRATEGIES 3 6 9 12 Explanation/Comments 3. UTILIZATION OF AVAILABLE ANALYTICAL DATA 2 4 6 8 10 Explanation/Comments 4. MANAGEMEN'I; EI~'FECTIVENESS Explanation/Comments 3 6 9 12 15 5. UTILIZATION OF ASSIGNED RESOURCES 3 6 9 12 15 Explanation/Comments 6. FISCAL MANAGEMENT 2 4 6 8 10 Explanation/Comments 7. COMMAND PRESENCE 2 4 6 8 I0 Explanation/Comments 8. AWARENESS OF COMMUNITY NEEDS & PROBLEMS 2 4 6 8 10 Explanation/Comments 9. DEVELOPMENT/PRODUCTIV. OF SUBORDINATE PERSONNEL $ 6 9 12 15 Explanation/Comments 10. 3 6 9 12 15 Explanation/Comments SECTION D: OVERALL PERFORMANCE INSTRUCTIONS: Add total number of points awarded in Section C above and' divide by sixteen. Compare the results to the scale below to determine the overall performance ratingl OUTSTANDING ....... 4.41 TO 5.00 IMPROVEMENT NEEDED ..... 1..91 TO 2.90 EXCELS ..................... 3.71 TO 4.40 UNSATISFACTORY ................ L00 TO 1.90 MEETS REQUIRE....2.91 TO 3.70 NUMBER OF POINTS AWARDED: OVERALL EVALUATION: SECTION E: EMPLOYEE DEVELOPMENT Identify two (2) or more areas in which the employee can grow professionally. Note specifically how the employee can make progress toward goal attainment. (ATTACH OTHER SHEETS IF NECESSARY) Identify any areas in which training has been provided to the employee and progress (or lack thereof) noted as a result of said training. Also note any specific training that is recommended for the employee, SECTION F: SIGNATURES/COMMENTS NAME/RANK OF RA,TER: REVIEWING OFFICER: COMMENTS OF REVIEWING OFFICER: SIGNATURE: DATE: SIGNATURE: DATE: Upon signing this Report, I acknowledge having discussed it with the Rater and having received a copy. I do not necessarily agree with the conclusions. SIGNATURE OF EMPLOYEE: DATE: EMPLOYEE COMMENTS: SIGNATURE OF DIVISION HEAD: SIGNATURE OF CHIEF OF POLICE: DATE: DATE: BOYNTON BEACH pOLIcE DEPARTMENT PERFORMANCE EVALUATION ANCHORS - COMMAND OFFICER 1. PERSONAL APPEARANCE AND MAINTENANCE OF ASSIGNED EQUIPMENT Above Standard (10): The Command Officer consistently presents a neat and clean personal appearance. The Officer is well groomed, hair nearly trimmed in accordance with departmental policy, the uniform is clean and pressed. All assigned equipment including shoes, leather, firearm, police, vehicle, and other personal equipment are maintained in excellent condition. The Command Officer is in peak physical condition, and weight is commensurate with height. The OffiCer regularly engages in physical fitness conditioning. Standard (6): The Command Officer maintains all assigned equipment in satisfactory condition, has an acceptable appearance. Hair style is not excessive, the Command Officer is not more than five pounds overweight and maintains a reasonabIe level of physical fitness. The Officer periodically engages in physical fitness conditioning. The Officer has had two or less incidents of deficiencies noted during inspections over the rating period. Below Standard (2): The Command Officer consistently fails to maintain his equipment in satisfactory condition, has had deficiencies pointed out in more than two inspections over the rating period. Grooming is unkept and is negligent in personal hygiene. The Officer is more than thirty pounds overweight. DESIRABLE WEIGHT RANGES MALES FEMALES Height Small Medium ' Large Height Small Medium Large Frame Frame Frame Frame Frame Frame 5'4" 11%138 123-149 131-163 5'0" 96.114 101-124 109-138 I 5'5" 120-142 126-153 134-167 5'1" 99-118 104-128 112-141 5'6" 124-146 130-157 138-173 5'2" 102-121 107-131 115-144 5'7" 128-151 134-163 143-178 5'3" 105-124 110-135 118-149 5'8" 132-155 138-167 14%183 5'4" 108-128 113-139 121-152 5'9" 136-161 142-172 151-187 5'5" 111-132 117-144 125-156 5'10" 140-165 146-177 155-193 5'6" 114-135 120-149 129-161 5'11" 144-169 150-183 160-198 5'7" 118-140 124-153 133-165 6' 148,174 154-188 164-204 5'8" 122-144 128-157 137-169 1 152-179 158-194 169,209 5'9" 126-149 132-162 141-174 6'2" 156-184 163-199 174-215 5'10" 130-154 136-166 145-179 6'3" 160-188 ~168'205 178'2205'11" 134-158 :140-171 149-185 6 4 : 169-198 178-216 188-231 , 16 : 138-163 144-175 153-190 ~6,5,, '174.204 182!222 192-238 :~ o e Above Standard (15): The Command Officer consistently develops appropriate problem-solving strategies to combat periodic crime trends occurring in the city. Should the initial strategy be unsuccessful, the Officer implements a secondary strategy. Similarly, the Command Officer consistently develops appropriate problem solving strategies to resolve intradepartmental issues that are brought to their attention. The strategies developed for both areas are logical in nature and reflect a keen analYsis of the respective problem resulting in resolution of the problem. Solutions proffered are long term in nature rather than resolving a problem for the short tenn. Standard (9): The Command Officer normally develops appropriate problem-solving strategies to com bat periodic crime trends occurring in the city. Should the initial strategy be unsuccessful, periodically asecondary strategy is implemented. The Command Officer normally develops approgriate problem solving strategies to resolve intradepmtmental issues that are brought to their attention. The strategies developed are adequate for the problem at hand and reflect an adequate plan of action. Analysis of the data provided is satisfactory. The recommended solution to the problem is usually long term in nature. Below Standard 0): The Command Officer consistently fails to provide appropriate problem-solving strategies to combat periodic crime trends. Any strategy that is proffered is poorly analyzed and ineffective. Similarly, the Command Officers fail to provide appropriate problem-solving strategies for intradepartmental issues brought to their attention. Should a solution to a problem be proffered it is usually short term in nature and fails to resolve the problem. UTILIZATION OF AVAILABLE ANALYTICAL DATA Above Standard (10): o The Command Officer is.:.¢ompletely, familiar with the department's information management system (records management and CAD system) and consistently utilizes it to derive analysis data to assist in the resolution of crime problems occurring within the city. The Command Officer consistently utilizes the information management system to attempt to predict crime trends or to reveal new crime problems. The information management system is consistently used to research data for applicable reports and documents. Standard (6): The Command Officer has a good understanding of the department's information management system (records management and CAD system) and usually utilizes it to derive analysis data to assist in the resolution of crime problems occurring within the city. The Command Officer usually utilizes the information management system in an effort to predict crime trends or to reveal new crime problems. Normally, the information management system is used to research data for applicable reports or documents. Below Standard (2): The Command Officer has a marginal understanding of the department's information management system (records management and-CAD system) and occasionally utilizes it to derive analysis data to assist in the resolution of crime problems occurringwithin the city. The Command Officer rarely utilizes the information management system to attempt to predict crime trends or to reveal new crime problems. The information management system is rarely used to research data for applicable reports or documents. MANAGEMENT EFFECTIVENESS Above Standard (15): The .C~ommand Officer anticipates problem situations and consistently prevents same. Addresses incidents involving inappropriate action of subordinates always with perfect timing to obtain maximum learning impact and prevent further problems. Disciplinary actions of subordinates are handled effectively and on the respective Command Officer% level. Grievances are almost always resolved at the Command Officer's level. Actively solicits criticism/feedback in order to improve performance. Never argues or blames others for errors or mistakes. Command Officer encourages team work and participatory management when applicable. Uses superior supervisory monitoring and application of CALEA standards. Standard (9): Addresses situations when appropriate, usually anticipates problem situations and usually prevents same. Handles incid~hts involving appropriate actions of subordinates in a timely fashion. Disciplinary actions of subordinates are usually handled effectively and usually on the respective Command Officer's level. Grievances are usually resolved at the Command Officer's level. The Command OffiCer is fair and objective when dealing with subordinates. Uses effective supervisory techniques. Is aware of CALEA standards and ~'~'~ directs attention to achieving same ..... Below Standard O): Fail/refuses to techniques.~: Fails tc Denies errors tddresses same at usually not resolved in the Command Officer's level. or blames others. 'Considers corrective same. iOURCES Above Standard (5): The Command Officer adeptly utilizes all resources made available and under his/her command. The Command Officer works with the resoumes provided and does not complain of shortages of any type. Is imaginative and alters plans to cover shortages to continue to provide current level of service. Standard (9): The Command :Officer satisfactorily utilizes all resources made available and under his/her command. The Officer works with the resources provided and generally accepts the shortages and usually does not complain of same. Normally alters plans to cover shortages in an effort to provide current level of service. Below Standard (3): The (~mmand Officer ineffectively utilizes resources made available and under his/her command. The Officer does not work with the resources provided and blames that lack of resources for the inability to deliver appropriate service. Does not alter plans to cover shortages and fails to provide current level of service. FISCAL MANAGEMENT Above Standard (10): The Command Officer consistently works within the budget provided. Is ever vigilant concerning expenditures of funds and staying within the given budget. Scrutinizes overtime expenditures and develops plans to minimize such expenses. Reviews training requests while always concerned about maintaining proper unit staffing without creating manpower shortages. The Command Officer demonstrates excellent fiscal management by rarely exceeding budgetary limits. Standard (6): The Command Officer usually works within the budget provided. Demonstrates awareness of expenditures of funds and stays within the given budget. Usually scrutinizes overtime expenditures and attempts to prevent such expenses. Generally, develops plans to reduce such overtime expendit~Lres f'or court and training. Usually maintains proper manpower levels when approving training. Has a good grasp of fiscal matters and does not usually exceed budgetary limits. Below Standard (2): The Command Officer rarelY stays within assigned budget. Demonstrates little budgetary frugality. Approves overtime expenditures with little concern for budgetary limits. Approves training which generates manpower shortages and related overtime. Has little concept of fiscal management. COMMAND PRESENCE Above Standard (10): The Command Officer aiwa3 police department as a whole. the. department. The Comma appointments. The Comman~ ; presents a positive image about his/her position and the Consistently maintains a positive attitude towards work and d Officer is consistently timely for work and work related Officer has had no incidents of sickness during the rating PeriOd. Consistently develops ~ew concepts and programs for the good of the organization or the community, participates n community functions, generates ideas and suggestions on behalf of the community. E~ ~,ourages subordinates participation in community events, notions, and organlzatmns~ I promotes the pohce department via the media. Always recognizes subordinate contrlbmions to the police department and the community. Standard (6): The Command Officer generally presents a positive image about his/her osition and the police department as a whole. ~ormally maintains a positive manner to~r~s work and the department. The Command Officer is timely for work and work appointments. The Command Officer has had not mom than two incidents of sickness during the rating period. Usually develops new concepls and programs for the good of the organization or the community, g~nerally pamc~p{tt..~ in community functions, generates ideas and suggestions on behalf of the community. USyally solicits and encourages subordinate participation in community events, functions, ~.~ organizations. Generally promotes the police department via the media. UsuailyrecogniZes subordinate contributions to the police department and the community. Below Standard (2): The Command Officer rarely presents a positive image about his/her position and the police department as a whole. Generaliy maintains a negative attitude. The Command Officer is not timely for work or work related appointments in excess of three incidents. Has had more than two incidents of sickness the rating Concept and program observed, does generate: ideas and suggestions on behalf in community to promote the police ~ the police department and the AWARENESS OF COMMUNITY NEEDS AND PROBLEMS Above Standard (10): The Command Officer is keenly aware of crime patterns occurring in the city. Able to discern periodic criminal activity that is unusual for particular areas of the city. The Command Officer is consistently abreast of specific community problems. Areas of community concern or criminal patterns are no surprise to the Command Officer when brought to his attention by a superior officer. Maintains a high level of knowledge of events within the community that impact on crime, potentiai crime, or attitudes of the community. Is aware of crime trends or problems within the City or in particular communities and actively utilizes that information for the resolution of crimes ~nd/or problems. Identifies crime trends or significant events early on and directs: attention towar~i timely resolution of' the problem. The Command Officer is knowledgeable of persons who are noted as being community leaders/resources. Standard (6): The Command Officer maintains a reasonable awareness of crime patterns occurring in the community. Can discern periodic criminal activity that is unusual for particular areas of the community. Usually is aware of specific community problems and is not usually surprised to hear of criminal patterns brought to his attention by a superior officer. Mainta, ins a reasonable level of knowledge of events within the community that impact on crime, potential crime or attitudes of the community. The Command Officer is usually knowledgeable of persons Who are noted as being community leaderS/resources. Below Standard (2): The Command Officer fails to make himself aware of ongoing events within the community relating to crime or community concerns. Rarely recognizes crime patterns occurring in the city, fails to address those concerns brought to his attention. Is not aware of community problems or tensions, shows little interest in said problems, and fails to provide solutions. The Command Officer does little beyond the specific duties assigned to him and takes little interest in the community or trends within the community. DEVELOPMENT AND PRODUCTIVITY OF SUBORDINATE PERSONNEL Above Standard (15): deficiency. The Command, the productivity of his The Command Officer develops job-related criteria to accurately access the overall productivity of the unit/d~v~s~on and usually achieves the goals and objectives of the de.p~ent. Criteria established is not based solely on the achievement of certain statistics; ramer tlaese are or eliminating particular crime trends, based upon citizen contacts and comments, and the overall solutions to community crime problems. Should dard, he readily develops remedies to improve to improve performance and diminish the assist in the development of subordinate 10. Standard (I0): The Command Officer normally develops job-related criteria to accurately access the overall productivity of the uni~/division an~l u~ually achieves the goals and objectives of the department. Crit~Ha established is not normall3~ based upon the achievement of certain statistics, but are determined ~ pon redUCing or eliminating ~articUlar crime trends, creating better relationships with the e~ ramuniW based upon citizen contacts and comments, and the :o generate solutions to community crime problems. Should sU~standard he usually develops remedies to improve g training applicable to imprOve performance and diminish Officer usually utilizes enpowerment in order to improve the productivity of his personnel ~ ' ~ ~ well as assist in the development of subordinate personnel. Promotes subordinate motiva :ion via appropriate management techniques. Below Standard (5): The Command Officer shows little initiative to create job-related criteria mechanism by which.~o assess unit productiVi~. The eli'mination of crime patt~{ns or trends are of no use to him when determining unit productiviW. Community contacts by sUbordinate personnel is not part of the criteria based assessment of productivity, i Statistics are used solely to determine unit/division productiVity. Sul~ordinate pers6nnel are rarely empowered to find solutions to crime and community problems. Should *ubordinate productivity be below standard the Command Officer sho~vs little or not interest in remediation ~f deficiencies. Little subordinate motivation is evident due to inappropriate management techniques. WRITTEN AND VERBAL COMMUNICATION SKILLS Above Standard (15): The Command Officer consistently communicates effectively in both verbal and written form to diverse groups, individuals or situations. Has excellent interpersonal skills and uses them appropriately. The Command Officer's verbal communications skills do not offend or insult the receiver. The Command Officer is never condescending in speech and maintains poise both in manner and response ~ receivers. The Command Officer actively punctuation is the hallmark of Written are appropriate. Verbal verbal and written form when Remarks manner and response active listening to usually error free. are submitted. Written reports are rarely are usually detailed in on a timely of completed staff work Below Standard (5): The Command OffiCer fails skills. Fails to establish a community. Remarks are in in interpersonal of the Receivers are usually Written reports are are fraught with errors Reports are rarely signature are rarely Requested City Commission Meetin~ Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM E, AGENDA ITEM REQUEST FOR ,. Date Final Form Must be Turned m to CiW Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p. rm) April 4, 2001 ($:00 p.m.) April ig, 2001 (5:00 p.nt) Requested City Commission Meeting Dates [] May 15,2001 [] ~une 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.n~) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: I recommend that consideration be given the petition by Mr. Richard A. Madnick, of Golden Transportation, Inc. for a Certificate of Public Convenience and Necessity. A notarized copy of the application has been attached for your review. I further recommend that said owner not be permitted more than one of these commercial vehicles to be parked or dispatched from her business address which is classified as residential. EXPLANATION: The residential character and integrity of the neighbouhood must not be disturbed and the occupational activity at the home must not be noticeable from off the premises. Currently the City of Boynton Beach has only (2) two businesses of this category. Several have been licensed here but have transferred to larger cities. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ Development Depathttent Name SABULEETIN~ORMS~AGENDA ITEM REQUEST FORM. DOC ~Signamre City Attorney / Finance / Human Resources CITY OF BOY'NTON BEACH DEPA~T1VIENT OF DEVELOPI~IENT IOO B OCCUPATIONAL LICENSE APPLICATION CNg Mailing Address: ~0 ¢~_ Contractor/Professional License Holder: Name: P:esident/Ow=er: P-.', C~ aC d ~. t'T~Ctam i FL.CERT.#PBC CONEP.#: SS#: Description oSBusiness: "[-c'-aa-~?orJro._4-;OO 4-0 ~o~/ f£ Of"D Oi,rpC'e~-_5/~Sex:;[/00," 7~ 8. Is ~is a Mini-Storage Facility? Yes: 9. Is this a Dead Storage Facility? Yes: '10. Property Owner/Agent: ~2/~_ ~clS;r"~,c~ 11. Total Sq. Fl, of B'td~Suite used for this Occupancy: /,/]~ 12. Does your Business require outside storage7 Yes: I3. Total number of allotted Off-Street Parking Spaces for use: No: ~-- No: /( 14. Yes: No: ~ 15. Will your use require Remodeling and/or Renovation?: Yes: 15. Wholesale value of merchant's on-site stock inventory: $ /'q I ~ 17. Total number of seats (Barber Shops/Salons/Restaurants/Theaters, etc): lq [ ~ ,'.8. Total number of Employees (including Owner): I Total aumber of Vehicles: . '. 9. Health Department approval required (PLEASE ATTACH) Yes: ~ I fir :0. Previously Licensed in ~e City of Boyuton Beach?: Yes: Will you use, handle, store or display Hazardous Mater/als or generate Hazardous Waste, as deemed by 40 Code of Federal Part 26I? No: X Totalnumber of Mack/ecs: ?4lA No: 61[,4 No: X CERTIFY Ti-I. AT the above information is correct and complete. I will not open for business with license approval l~om, and fee =id to, the City of Boynton Beach and [ am aware that ifI do, I am subject to t-me and/or Lmprisonmenr. ~merride: 'i>,.ir&-,,cxed ~. tT~Ot~tx; Cf.. Pre_$. Date Licensed: SHRDATA\OevelopmentWO~MS.ctoc~Occupadartal Iicensc application final,doc - 9114/2000 STATE OF FLOR[DA) COLrLNTY OF PALM BEAC~ ) SS: RESOLUTION' OF SHAREHOLDERS AND DIRECTORS The undersigned directors of ~C--9o1~ ?ff~-~'"(-D,r-,l~ 'o~Luc, a FIorida corporation (here/aa_~er "Corporation"), and be/ag all the directars o~' the Corporation, do hereby unanimously conse,at in .~ting to the follow-/ag ~ction and adopt the following Resolution. BE IT RESOLVED as follows: The Board of D~ectors discussed the necessity ofobta/ain2 occupational license ~rom the City of Boyuron Beach to operate the corporations business. The Board Corporation are hereby authorized to bind the Corporation .in its application to the City of D._.ooymon Beach for an occupational license. T~vLE DATE Director DATE .- · , D/rector \\CHh~tAIN~USERS\OW'E,.N'SMkresolutioa or'shareholders and directors, doc CITY OF BOYNTON BEACH DEPARTMI~NT OF DEVELOPMENT OCCUPATIONAL LICENSE DMSION HO~IE OCCUPATION CONDITIONS & AFFIDAVIT OF AGREEMENT The Boynton Beach Land Development Regulations permits Home Occupations within residential districts subject to said business complying with Chapter 2, Zoning Section [ I.D which states the following: Home occupations shall be permitted subject to these specific regulations designed for the protection of residentiaI neighborhoods~ where all of the activity takes place within a structure, and where the principal use is for residential purposes. In order for, any home occupa~on to be pemdtted or continue to be permitted, the following performance standards shall be agreed to in writing by the applicant and be maintained for the duration of the occupational license: I. The residential character and integrity &the neighborhood must not be disturbed and the occupational activity at the home shall not be noticeable from off the premises. A home occupation shall only be conducted within twenty (20) percent of the living area of the dwelling including interior halls, closets and storage areas, but excluding garages, screened porches, accessory buildings or any similar space not suited or intended as living quarters. The home occupation shall be conducted at the licensed address only by residents of that dwelling unit and shall only be the type of occupation which does not involve client business visits to the home,' and is typified by business transactions conducted by telephone, mail, or off premises of the licensed address. (The giving of individual instruction to one (i) person at a time, such as an art or piano teacher, shall be deemed a home occupation). o No equipment or process shall be used in a home occupation which creates fumes, glare, noise, odors, vibration, our electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family residence or outside the dwelling unit if conducted in other than a single family residence. In the case of electrical interference no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. 5. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home occupation shall be met by off street parking which complies wi~.~Chapter 23, Parking Lots. 6.. All storage of..m~. ~.i~s" ' or supplies used in the home occupation shall be done within -the living area. .o~',~e dwelling unit, within the space limitations specified in ' --' subsection'2 alJb~--------~ shall not be visible fi.om adjacent residential units ACORD. PRODUCER C8OO) 333-7754 Rodes- Roper- Love Insurance Agency 158 N. Harbor City Blvd. Me]bourne, FL 32935 ~NSURED GOLDEN TRANSPORTATION, INC. 1516 MEADOWS CIRCLE WEST BOYNTON BEACH, FL 33436 I COVERAGES CERTIFICATE OF LIABILITY INSURANCE/DATE,MM'D ,.y, 05/29/2001 FAX (321) 757-6182 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: The Aries Tnsurance Company INSURER B: INSURER C: INSURER D: INSURER E: NOTWITHSTAND NG · ANY REQ!Ul BMI::Nf[~P~MOR I'NS; RCON[NDIT1ON OF ANY CONTRACT OR OTHER DOCUMENT WITH.RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE RANCE 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. LTR TYPE OF INSURANCE POLICY NUMBER ! ~-ut.~C,~DATE. (MMIDO/YY}=~=~' i ~ve= P',JLiL;DATE ~ (MMIDD/YY}tr~'"~A i i~N LIMITS GENERAL LIABILITY 2038294 ' ' : O4/19/2001_ _ 04/19/2002 EACH OCCURRENCE S 1, 000, OOG X COMMERCIALMADEGENERAL LIABILITYoccuR ' FIRE DAMAGE (Any one fire) $ 50 ~ 00(] I-~ . MED EXP (Any one person) $ ~ s 00(] ICL'AIMS : i : PERSONAL & ADV INJURY A !, 0OO, 000 GENERAL AGGREGATE $ 2, O00,000 GEN'L AGGREGATE LIMIT APPLIES PER: . PRODUCTS- COMP/DP AGG $ INCL I----'1 PRO- t POLICY I I JECT ~ LOC AUTOMOBILE LIABILITY PLFZ001462 04/19/2001 04/19/2002 COMBINED SINGLE LIMIT. ' · ' ' ' 500,000 ANY AUTO (Ea accident) ALL OWNED AUTOS ... BODILY II;JURY X SCHEDULED AUTOS (Per person) A HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ I ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG; $ EXCESS LIABILITY EACH QCCURRENCE IOCCUR [~ CLAIMS MADE AGGREGATE $ I DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH'ACCIDENT E.L. DISEASE - EA EMPLOYEE $ E.L DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONSlLOCATIONSiVEHICLESIEXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS Certificate Ho]der is inc]uded as Additional Insured as respects the operations of the Named Insured 0nly 1989 CADILLAC SEDAN LIMOUSINE ZG6CD515XK4300751 CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTER CANC ELEVATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS DR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Wi~ ]iam Love/GBM City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425' c~AGUH. U GUF(PUF, A lION 1988 June 1,2001 FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State GOLDEN TRANSPORTATION, INC. ATTN: RICHARD A. MADNICK 1516 MEADOWS CIRCLE WEST BOYNTON BEACH, FL 33436 Pursuant to your recent inquiry, we are enclosing the certification you requested. Should you have any questions regarding this matter you may contact our office at (850) 487-6949._ Gary Blankenbaker Certification Section Letter No. 401A00033375 Di~sion of Corporations - P.O. BOX 6327 ~Tsllahassee, Florida 32314 tate Bepar men! of I certify from the records of this office that GOLDEN TRANSPORTATION, INC., is a corporation organized under the laws of the State of Florida, filed on March 15, 2001. The document number of this corporation is P01000028143. I further certify that said corporation has paid all fees due this office through December 31, 2001, and its status is active. ! further certify that said 'corporation has not filed Articles of Dissolution. CR2E022 (1-99) _ Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the First day of June, 2001 ~-~ecretar~ ofc,~tate March 19, 2001 FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State RICHARD A MADNICK 1516 MEADOWS CIRCLE WEST BOYNTON BEACH, FL 33436 The Articles of Incorporation for GOLDEN TRANSPORTATION, INC. were filed on March 15, 2001 and assigned document number P01000028143. Please refer to this number wheneve_r corresponding with this office regarding the above corporation. The certification you requested is enclosed. PLEASE NOTE: COMPLIANCE WITH THE FOLLOWING PROCEDURES iS ESSENTIAL TO MAINTAINING YOUR CORPORATE STATUS. FAILURE TO DO SO MAY RESULT IN DISSOLUTION OF YOUR CORPORATION. A CORPORATION ANNUAL REPORT/UNIFORM BUSINESS REPORT MUST BE FILED WITH THIS OFFICE BETWEEN JANUARY 1 AND MAY 1 OF EACH YEAR BEGINNING WITH THE CALENDAR YEAR FOLLOWING THE YEAR OF THE FILING DATE NOTED ABOVE AND EACH YEAR THEREAFTER. FAILURE TO FILE THE ANNUAL REPORT/UNIFORM BUSINESS REPORT ON TIME MAY RESULT IN ADMINISTRATIVE DISSOLUTION OF YOUR CORPORATION. A FEDERAL EMPLOYER IDENTIFICATION (FEI) NUMBER MUST BE SHOWN ON THE ANNUAL REPORT/UNIFORM BUSINESS REPORT FORM PRIOR TO ITS FILING WITH THIS OFFICE. CONTACT THE INTERNAL REVENUE SERVICE TO RECEIVE THE FEI NUMBER IN TIME TO FILE THE ANNUAL REPORT/UNIFORM BUSINESS REPORT AT 1-800-829-3676 AND REQUEST FORM SS-4. SHOULD YOUR CORPORATE MAILING ADDRESS CHANGE, YOU MUST NOTIFY THIS OFFICE IN WRITING, TO INSURE IMPORTANT MAILINGS SUCH AS THE ANNUAL REPORT/UNIFORM BUSINESS REPORT NOTICES REACH YOU. Should you have any questions regarding corporations, please contact this office at the address given below. Pamela Hall, ~Document Specialist New Filings Section Letter Number: 901A00016651 Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 ~±',t'r u~' BOYN'20N BEACH APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: APPLICANT INFORMATION: RESIDENCE ADDRESS: BUSINESS ADDRESS: NAME TO BE USED ON VEHICSES: LOCATION OF PROPOSED DEPOTS ~D TE~INAL:~ EXPERIENCE OF ~PPLIC~N~ IN THE TRANSPORTATION OF PASSENGERS: ....... · ~. ANY FACTS WHICH THE APPLIC~T BELIEVES TEND TO PROVE THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE GRANTING OF A CERTIFICATE: THE~ TOTAL. NUMBER OF VEHICLES TO BE OPERATED OR CONTROLLED BY THE APPLIC~T: BO~ToNTHE NUMBERBEAcHOF: VEHICLES TO BE OPERATED BY THE APPLIC~T IN THE CITY OF COLOR SCHEME OR INSIGNIA TO BE NAME~,~,, OF~_ ..... INSURANCE CARRIER (ATTACH Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 V-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21,2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 200l (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Anuouncemem [] Presentation [] City Manager's Report RECOMMENDATION: Motion to purchase a 5-Gang Pull Behind Jacobsen Mower with accessories from Kilpatrick Turf in the amount of $17,000.00. The purchase from Kilpatrick Turf will be $1,902.00 less than the General Services Administration (GSA) Contract #GS-06F-0042K pricing. EXPLANATION: Our standard GAP surveys that we obtain from our customers 3-4 times a year have indicated their dissatisfaction with the maintenance of our rough, particularly during the summer months. Each summer, during the heavy growing season, the golf course has been unable to keep up with the mowing of the rough area of the co~rse. This is most often caused by the mowing delays created by frequent rainy periods in the summer months. The purchase of this unit will ~e us the ability to utilize two mowers for rough mowing thereby increasing the mowing frequency. The I~inks of Boynton Beach originally received a GSA Contract #GS-06F-0042K pricing proposal from Earle Kinlaw Associates, Inc. of $18,902.00, in :addition pricing was obtained from Hector Turf of $17,411.60. It is our desire to make this purchase from Kilpatrick Turf based on a pricing of $17,000.00 which is $1,902.00 less than the GSA Contract price. PROGRAM IMPACT: This will also produce a healthier turf, reduced weed population and increased customer satisfaction due to more consistent playing conditions year round. FISCAL IMPACT: Funds will be transferred from the Golf Course Contingency Fund to make this purchase. Account Description Maintenance Equipment Department Head's Sfghature Account Number 411-2911-572-64-21 Golf Course Department Name Amount 17,000.00 ignatUr; City Attorney / Finance / Human Resources S:XBULLETIN~ORMS~.GENDA ITEM REQUEST FORM.DOC M To: Joe. Sciortino, Goff Director From: Date: Scott Wahlin, Golf Course Superintendent June 14, 2001 Re: Purchase of 5-Gang Pull Behind Mower mower quoted, i~n I propose that we purchase the Jacobsen the .attached paperWOrk and that these funds should come from the reserve account.. This. mower would be an addition on a seven-year replacement schedule. This ~r is quoted bY a local distributor and shown on GSA Contract #GS-06F-0042K effective 3'22/01. _The local distributor quoted it $1902 dollars less than .the GSA contract price andS412 dollars less than a comparable unit quoted by another distributor. This .quote is.also attached. These two manufacturers are the only ones I am aware of who .produce/his_ type of mower with comparable specifications. Either one would be acceptable for our purpose. My recommendation is based on price and prior experience with this unit. In ~ process of evaluating our equipment inventory I asked, "How have you kept up in the summer? The response, "VVe haven't". "Weeds are often the result, but never the cause~.of a weakened turf. The major reasons for weed encroachment into a turf area are_ reduced quality, and low_ density. Weakened turf or bare areas result from.., improper mowing height or .mowing frequency... ~ If turf is allowed to grow to a point where one-thJrdof the leaf.blade is removed in one cutting, severe stress will result. Severely stressed .turf provides an openiag for opportunistic weeds. The addition of a 5-cjang pull behind mower will. help assure a proper mowing frequency, a healthier turf and reduced weed population. "A high percentage of the potential weeds in turf are controlled simply by-the execution of a well-planned, effective turfgrass cultural system? There are. many facets that make up a turfgrass cultural system. YVe have the means wjthin.the existing budget to assure proper fertilization and pest control., address manpower: needs, and effectively provide supplemental irrigation. The addition of a 5-gang puli behind mower will help assure a proper mowing frequency resulting in a healthier turf and, reduced weed population. In addition, customer satisfaction will be increased with more consistent playing conditions year round. "Weed Management" by B. J. Brecke and J. B. Unruh, Best Management Practices For Florida Goff ~--"Weed Control' by James B. Beard, Turl;~ For Goff Q0urses, 1982 KILPATRICK TURF EQUIPMENT "$pecialist~ in Turf Care and Industri~d Products & Equipment' PH~: ~1.742,4M3 1 QTY: ' "PART ~ ~RIPTI(M~: UNIT: YOUR CO~T: I 7M7t~ S ~_-,mg'~inm U~ Fm~ , .. S '10~.~ ~ 7.~S.~ S 711~ ~ R~W~6 ~ S 10,1~.~ S 7,1~.~ ~ ~TA~ ~E ~ ~T ~~ 8~ T~ ACCEPTED BY: TERiS: NET TEN DA Y~ ' JOE C/~/-/]~R'~ mm,= ~ Um~L: ~ DAY~ FROM ABOVE DATE 7700 High IRid~e Boymo~ BCK~, l~lo~de USA 33426 $33-1450 (.~1) .q3.~- tS00 FA~ (WN)) ??tXJ Hi;J~ Rid~,'~ R, md JUN-~5-2001 09:i9 E~ t~C. ~.dt/~O EARLE KINLAW ASSO., INC. 2166-A WEST PARK COURT STONE MOUNTAIN, GA 30087 $00/831-0590 - 770/498-9316 770/498-9318 F&C$1~ILI~ T~AI~$MITTAL SHI~E1' 'fO: CAROL COMPANY~ 56]/966-1700 DATE: 06/05/01 516/742-6512 JACOBSEN DING f-] URGENT [] FOR ~EVIEW [-1 PLEASE COMM£NT I-I;PLEASE REF.LY NOTES,/ CO MMEN'I-S: F-IF'LEASE RECYCLE CAROL, ATTACHED GSA CONTKACT INFORMATION AND PRICING. PLEASE CAI.I. IF YOU blEED AlxrY'rHING P'I.YR~K THANK YOU. E KA EARLE KINLAW ASSOCIATES, INC. 2168-A WEST PARK COURT -STONE MOUNTAIN. GA 30087 o770/498-9316 -770/498-9318 FAX GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOG AND/OR PRICE LIST Modification AS03 - Effective 3122/01 SCHEDULE TITLE: FSC Group 51V, Hardware SuperStore for Lawn and Garden Equipment and Cattle Guards FSC CLASS: 3750 CONTRACT NO: GS-06F-0042K CONTRACT PERIOD: 8121100-8/20/05 CONTRACTOR: EKA, Inc. (Textron) 2166-A West Park Court. Stone Mountain, GA 30087 BUSINESS SIZE: Small Dealer TELEPHONE: Phone (800) 831-0590 (770) 498-9316- Fax (770) 498-9318 EMAIL: eka~kinlaw, com Monday-Friday 8:00 a.m.-5:00 p.m. EST POINT OF CONTACT: Cindy Kister/Amanda Letzgus o AWARD SPECIAL ITEMS: LOWEST PRICED MODEL NO. AND PRICE FOR THIS SIN: 341-100, 341-200, 341-300, 341-400 and 341-700 341-100 - #,32037 - $689,00 341-200 - #72350- $1245.00 341-300 - ~J46706 - $8698.00 341-400 - #545854 - $163.00 341-700 - $325307 - $8,00 MAXIMUM ORDER LIMITATION*: $120,000 *If the "best value" selection places your order over the Maximum Order, identified in this catalog/price list, you have an opportunity to obtain a better schedule contract pdce. Before placing your order, contact the aforementioned contractor for a better price. The contractor may (1) offer a new price for this requirement (2) offer the lowest price available under this contra¢t or (3) decline the order. A delivery order that exceeds the maximum order may be placed under the Schedule contract in accordance with FAR 8,404. 4. 5. 6. MINIMUM ORDER: I Unit GEOGRAPHIC COVERAGI=:48 contiguous states POINTS OF PRODUCTION: Same as contractor BASIC DISCOUNT: See GSA Net Price List m 8. 9, 10. 11. 12. 13. QUANTITY DISCOUNT: 1% per $100,000 order PROMPT PAYMENT TERMS: Net 30 GOVERNMENT PURCI-~SE CARD ACCEPTANCED; Yes FOREIGN ITEMS: None TIME OF DELIVERY AFTER RECEIPT OF ORDER (ARO): 30 Days ARO - Emergency: 48 hours contingent upon stock availability, list. representative 1 of the contract applies. Agencies can contact contractor's representative to possibly effect a faster delivery. F.O.B. POINT: Destination ORDERING ADDRESS: 14: PAYMENT ADDRESS: 15. WARRANTY PROVISION: 16-23. NIA 24. 25. 26, 27. EKA. Inc, 2166-A West Park Court Stone Mountain, GA 30087 EKA, Inc, 2166-A West Park Court Stone Mountain, GA 30087 Manufacturer's Standard Commemial Warranty. Year 2000 (Y210 compliant N/A Duns No.: 07-594-9644 TIN: 58.132-8598 Central Contra~or Registered (CCR) JACOBSEN Gang MoWers Ground Driven I14~del Deseril~io~t Shipping Effective March 22, 2001 5 Gang and 7 Gang Ram Lift RangerTM Frames* (Ex Works Charlotte, NC) 74670 (5 Gang) 5/7 Ram Lift frame wi11 L x 15 (6 ply) tires and wheels. hydrauli~ hoses, hydraulic cylinders. Emc4ion flow valve for tractor hydraulic valve. Leu mowers, v/heels and mounting kit .......................... 1,482 74672 7 Gang conversion kit (converts 74670 to 7 geng) with outrigger flame, w/hydraulic cylinders and hoses for tractor hydraulic valve. Less rnowefs, wt~eeis and mounting kit ....................................................... 550 74675 5 Gang Fairway mounting kit ......................................................................... 15 74650 5 Gang BI tz~'mounting kit ............................................................................ 27 74674 2 Gang Fairway mounting kit ........................................................................... 6 2,714.00 481 100.00 Fairway Frames* 71421 71441 71451 71460 Frame (2 mowers) ...................................................................................... 95 EL Frame (1 mower} ...................................................................................... 58 ER Frame (1 mower) ...................................................................................... 56 Frame (1 mower) ...................................................................................... 134 Blitzer~ Frames* 623.00 407,00 407.00 623.00 73403 48" Pull tongue ............................................................................................... 61 73404 96' Puli tongue ............................................................................................. 106 734 11 Blflzer frame with lilt lever assembly ............................................................ 109 73412 (4) Hinge assembly ........................................................................................ 13 73413 (1) Swivel hinge and ~od assembly ................................................................ 35 3 Gang Ranger Frames* 72350 Ranger attachment for Category I, 3 point lift/tractors. Less r/xTa~rs. whee/s and rnount/ng kit .............................................................................. 258 72355 3 Gang Faimray mounting kit ........................................................................... 4 72360 3 Gang Bird_er mounting Rit ............................................................................ 16 * Note: See Gang I~ Rlele ~ Wlteei~ sections for desired reel and wheel options. 340,00 432.00 581.00 ' 125:00 257.00 1,303.00 91.00 291 3, Gan~ 5 Gang I' Gang D 71460 1 I 1 B 71421 I I 2 EL 71441 1 1 ER 71451 I 1 Fa/nra,/Frame Cet~'~ BStzer Frame Coe~guratien 7 Gaag 9 Gang 3 Gang S Gang 48" 73403 1 1 96' 73404 F 73411 3 5 H 73412 1 2 R 73413 I 3 I 1 7 9 3 4 3 5 JT-16 JACOBE E N Gang Mowers Ground Driven March22, 2001 M~dei DesCril~iO. Shipping Humber We~b~ PRICE Gang Mower Reels (Less Wheels) _ 71105 (1) 30~' 6 Btade fairway mower .................................................................... 201 7'1351 (1) 30" 10 Blade fairwey mow~ ................................................................... 217 73105 (1) 30" 5 Blade Btifze~mower ....... .. ...... ~ .................................................. 190 Gang Mower Wheels- (shipped in Sets of 2) : 70087 18" Steel wheel .................................................................................... 62 70088 Semi pneumatiGwheel 4:0(3 x 17 ................................................................ 48 70089 17" $~el wheel. ......... : ....................................... i ............. 62 70086 Semi pneumatic wheel 4.00 x 20 ............................................ : .......... :. ...... 67 5.00 1,760.0o 1,544.00 257.00 291.00 Gang Mower Accessories 69095 (Set 7) Rear miler scrape~s ............................................................................ 25 71001 (1) Set of LH/RH Micro height rear miler adjusters .......................................... 4 73408 (1) Blitzer rear roller i axle kit ......................................................................... 44 457.00 14900 340.00 I - 75, 5- rill° 5 ~'~' 5'°° JT-17 TOTRL P.i~ 05-22-2001 10:lS~tM FROM HECTOR TURF 156i9661700 P. 01 1301 N.W, THIRD STREET / DEERFIELD BEACH, FL 33442 'I'EL: [954) 429-3200 · FAX: (954) 360-7657 ~ay 22, 2001 Mr. Scott Wallen The Links at Boynton Beach Boynton Beach, FL Via Fax: 561-966-1700 Dear Scott: We are pleased to offer the following quotation for your consideration. Q~. Model # DeSCription Unit Cost . Iea 33455 Tom 5-Gang Transport Frame with: $17,4'1 ~.60 - Hydraulic Lift - 7-Blade Cutting Units - Semi-Pneumatic Wheels The above quotation is based upon your acceptance within thirty (30) days from the date of this letter and is subject to manufacturer's availability and Florida State Sales Tax (if applicable). Our terms o£sale are Cash on Delivery or upon credit approval, Net 30 Days. Thank you for the opportunity to provide you a quotation. If you have any questions or require, addition.al information please contact me at (954) 429-3200, Extension 314. We appreciate your interest and look forward to doing business with you. Sincerely, HECTOR TURF Thomas B. DeYoung Senior Account Representative Commercial/Irrigation Products TBD:lk TOTAL P.O1 Requested City Commission Meeting Dates [] Mamh 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM G. AGENDA ITEM REQUEST FORM Date Final Form Must be Turned into City Clexk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p,m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p,m.) Requested City Commission Meeting Dates [] May 5, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.r~) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids~ [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to ratify the June 18, 2001 aUthorization by the Acting City Manager to effect a not-to- exceed $24,700.00 emergency gravity sewer main repair located at 1931 North Seacrest Blvd. EXPLANATION: A 50 year old 8" VCP gravity sewer main in the rear easement at 1931 North Seacrest Blvd. failed and was in need of an emergency repair. The Utilities Department staff attempted to excavate and make the necessary repairs, but the line was at a depth that was beyond our abilitieS. The line was also in very close proximity to power poles and other utilities. For these reasons, it was determined that we could not safely complete the repair using department staff and equipment. Instead, we solicited' three written quotes from private contractors to do this work. The lowest quote was from Coastal Pipeline, Inc., in the amount of $24,700.00. The Acting City Manager, Dale Sugerman, authorized the repair since it was of an emergency nature. PROGRAM IMPACT: Under the provisions of the City's Code and Florida State Statutes, the City Manager (or Acting City Manager in this case) is authorized to expend funds above his or her spending authority (the current threshold is $10,000.00), when it is deemed to be an emergency. Once that expenditure of funds is authorized, the City Manager (or designee) must ultimately obtain the City Commission's ratification of that emergency expense. The purpose of this agenda S:XBULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH item is to obtain the City Commission's ratification of that emergency spending decision. A copy of all of the backup for this incident is attached hereto. FISCAL IMPACT: Funds are available in account ~.401-2815-536-46.42 Sewer Main Repairs. ALTERNATIVES: Not to ratify the authorization of this emergency repair and to instruct Mr. Sugerman, Acting City Manager at the time of the emergency, to pay for the repair from his own pocket. Department Head~ Signature City Manager's Signature Utilities Department Department Name City Attorney / Finance / Human Resources S:',BULLET1NWORMSL4GENDA ITEM REQUEST FORM.DOC MEMORANDUM Utilities #01-145 TO: FROM: THROUGH: DATE: SUBJECT: Dale Sug~ Assistant City Manager Mark G. Law, Deputy Utilities Director John A. Guidry,<~ Utilities Director ~ June 15, 2001 Emergency Sewer Repair 1931 North Seacrest Boulevard JUN 1 8 2001 BOYNTON BEACH UTILITIES We have determined that the 8" VCP gravity sewer main in the rear easement at the above address is damaged and in need of an excavation repair. This sewer is approximately 50 years old and has reached the expected life for this type of pipeline. The Utilities Department staff attempted to excavate and make the necessary repairs but the line is at a depth that is beyond our abilities. This line is also in very close proximity to power poles and other utilities. For these reasons it was determined that we could not safely complete the repair using department staff and equipment. We have attached three proposals from local contractors to complete the necessary repairs. The lowest price was from Coastal Pipeline, Inc., in the amount of $24,700.00. The contractor has indicated that they will be able to move in quickly if authorized. It is my recommendation that this repair be authorized to stop the infiltration of sand and ground water into our sanitary sewer system. Funds are available in account #401-2815- 536-46.42, Sewer Main Repairs. If this problem is not resolved, we risk a complete failure of the pipeline that could result in property damage and a sewer spill in the community. If additional information is required, please contact me at ext. 6403 or Tony Lombardi at ext. 6421. Attachment Xc: Tony Lombardi Jim Hart Barb Conboy FROM : COA,STAL P I PEL I HE FAX NO. : ~442~9718 FACSIMILE TRANSMITTAL COVER_,_qItEET Please deliver lhe following pages to: >fame: Tony Lombardi Firm: City of Boynton Bea~'h Re: Propo.~l for 8"sanitary main repair ~ 1931 N. Seacre~t Jun. 06 2001 07:54AM PI Roy LieJbr B~eper (954) 57ib0515 Number of pages, including cowr she,t: 2 Date: 6/6/01 Faxg: 561-742-6298 Thank You: Roy Liefer FROM : COASTAL PIPELINE FAX NO. : 9544257718 Jun. OG 2001 07:54AM P2 COASTAI PIPELINE, I.NC. 303 N,W. 12m Avenue, Suite B Deerfield Beach, Florida 33442 TelePhone (954) 42S-7717 Fax (954) 4:~5-7718 ' 5ta~ of Flm-id~ L~om.~ # CU-0569~7 JcffLi~ B~cper (954) $46-0633 Roy Liefer Beeper (954) 570-0315 1une 6, 2001 City ofBoynton Beaeh 124 E. Woolhright Road Boynmn Beach, FL 33435 At-tn: Tony Lombardi Re: 8" Sanitary Main repair (~ 1931N. Sea, rest PROP~..L_ Excavate and repair 8" sewer rn~t;n on North side of rn~-hole. Backfill and clean up as required. Maximum length of repair to be 20 LF. $24,700,00 No~e$: City to have F.P. & L. hold pole during repair work, also to handle f~mal restoration. Restoration to include replacement of fencing destroyed City tobe responsible for grouting pipe inside manhole. Accessibiliv] lo private property to be responsibility of the City. Excess fill to be property of the City. 0G/06/~001 13:60 19547831364 SEN INOLE PAGE ::'..',: '- :i. ....... ,.,i';:'?, ~"' .:- :. '- . '* '. '. -i':' '.." .:' ,,,,..-.-. -....~: · , .- . .*..:~.; -'!"-"..:. '.i" :":".'.i" ':':'; .' ..... · 'i ....... " 01 ::..:" SEMRqOLE 1901 NE 4TH STREET, ~MPANO BCH., FLORIDA 3'3060 PROPOSAL: No. 2235 THIS PROPOSAL EXCLUDED.TI~'.FOLLOWI31G;, LAYOUT S/SURVEY/AS-BUILTS PERMITS AND FEES BONDING D~-NsITY THSTINO ? A VEMENT I~STORATION Smkn, a/.LVat/LA~rD S C~ m~STO~4ATIO~ REMOVAL AND DISPOSAL OF SURPLUS OR UNSUITABLE. EXCAVATION ENGI]~IEE~G INVESTIGATION OF EXISTING UTff.ITIE. S HORIZONTAL OR VERTICAL OFFSETS DUI~ TO CONFLI;C. TS OF] ~ OR GRADE'WtTH EXISTING UTILITIES ADDITIONAL MOBILIZATIONS TO ANY DIVISION OF'BiD'WORK DE.MUCKING : SPECIAL PROVISIONS: ; '-PRIOR TO' CONSTRUCTION SITE TO BE OTHER THAN 6.1' +/- OY PROPOSED -EXCAVA~OH LASOR AHD. S~UL~; SASED'ta'OH BA~t~ s£rNo HtEE O~: S.tattED Dv.B~S ' - ' ' i -owNE~ TO PAY FOR ALL. MATERIALS STORED ON SITE ;PAYMENT 20 DAYS AFTER BILLINO. · -RETAINAOE RFJ'tUCED TO 5% UPON SUBSTANTIAL COMPLETION' -TILE QUOTED PRICES ARE BAS.,r) ON A GONTINUOU~ OPERATION -WITHOUT' INTERRUPTION BY OTHERS TRADES' OR EQUIP~ -FINALRETAINAGE DUE. 30 DAYS FOLLOWING FIIqAL INSPECTION -LATE.pAYMENTS ARE SUBJECT- ,TO EcrEREsT.CHARoEs OF 2%: OVER -pROVos~co~nCaCT ~S.SASED O~ HNAL vmLD MaaStmSM~TS - -PROPOSED WORK IS'BASED ON PLANS AND' SPECIFIC~TIONs SUPPLIED AS 'FOLLOWS: JOB: DATED:' SaWer. main repair June' 5, 2001 on N.$eacrest Ave.~ Boynton Beach, FL MAY.22.~l 2:16PM SULLIVAM BROS., IMC. M0.039 P.1×3 UNDERGI~OUND LITILITY UTILITY ¢ONTRA. CTOR (~ENERAL INC. PAGIEL~:~ 3 (inclusive) TO: I~-OMPANY NAME: IATTENTION: IDATE: 01TY OF BOYNTON BCH .~FROM: 1 TONY LOMBARDI May 22, 2001 561.742-6298 DON 103 646.61~1~91 INC. RE: PROPOSAL FOR THE CITY OF BOYN'roN BEACH YHANK Y. OUI _ II No Hard Copy To Follow Hard copy To Be Sent Via Mall Hard Copy To Be Sent Via Fed-Ex Hard Copy To Be Sent Via Others I _ I 2471 PORTWEST BLVD, WEST PALM BEACH, FL 33407 -MAY.88.~001 £:16PM SULLIVAM BROS., IMC. N0.039 P.~×3 61~31200'1 3:26:4t AM '"~~'~"~'~~.,..~,~, ,_*m~cULLIVR~ ....,, ........ PROPOSAL PROJECT: SEACRLS Bid Location: Bid Date: Contra~t #; Description: BONYTON BEACH 04/30101 8BI040161 SEACREST LIFTSTATION REPAIR I ~ -'--"-'- I Dr=-~RIPTION SEACREST LIFT STATION REPAIR Page:l BiD ~TY U./M UNIT BID AMOUNT, 1.00 I.S 25,400.000 $P-5,400,0,, TOTAL !~ID: 2471 Pert West Bivd', - Riviera Beach, FL 33407 · ($61) 848-5536 Fax (561) 848-5559 '~qY. F_~. 2881 2: 16PM SULLIVAN BROS., IMC. MO. 039 P. B/B !il23/200'I 3:28:"17 AM JOB COMMENTS pROJECT: SEACRLS Description Bid Date Revised Location Cofltra~t # SEAOREST LIFTSTATION REPAIR 04/30/01 BONYTON BEACH $BI040161 Page:l Comments: 2. THIS PROPOSAl- tS BASED ON USING EXCAVATED MATERIAL FROM PIPE TRENCHES AS BACKFILL. 3. THIS PROPO;AL IS BA,~E[D ON ONE MOBILIZATION. EACH ADDITIONAL MOBILIZATION WlL~ BE $2500 4. THIS PROPOSAl. SPECIFICALLY EXCLUDES: A, LAYOUT OR ASBUILTS B. TESTING LAB FEES C. pERMIT FEES D, BOND PREMIUM (Available uporl request) E, REMOVAL OF EXCESS MATERIAL F. IRRIGATION. SOD, CONCRETE, AND ASPHALT RESTORATION G. BOULDER REMOVAL (if required) 5. SOD & FENCE REPLACEMENT BY OTHERS. Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 20Ol [] April 17, 2001 [] May 1,2001 V-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM H. AGENDA ITEM REQUEST FOK_. Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to "piggy-back" Palm Beach County, Contract gGPS-1 to BAE Systems ADR; Inc. for updating the digital GIS land base maps in the area of Federal Highway and vicinity (i.e. Area gl), for the lump sum fee of $59,575. EXPLANATION: BAE Systems ADR was the developer of the City's digital land base mapping system, initially begun in 1993. On February 6, 2001 the City Commission authorized this firm to re-photograph the entire service area as a prelude to selecting those areas that would require digital updating. The Federal Highway corridor has experienced dramatic changes in traffic patters and other surface features since 1993, and is our first choice for beginning the updating process. Other parcels to be updated in Area gl include some of the coastal areas that have experienced significant changes, and new subdivisions or commercial tracts east of 1-95 that have also experienced significant development since 1993. Area gl is entirely within the City Limits. Future areas encompassing the unincorporated portions of the Utility's service area may obtain cost-sharing with Palm Beach County. The Palm Beach County, Contract gGPS-1, Addendum g31 extended this contract through September 30, 2001. PROGRAM IMPACT: Updated digitized maps will be useful to any City department that requires a scaled, highly accurate layout for planning or design purposes. FISCAL IMPACT: $59,575, available in the Renewal and Replacement account. ALTERNATIVES: Do not update digital vector base maps at this time, a~e to use the 1993 version. Department Head's Signature ' ~llt~ Manager's Signature Utilities Department Name Cit9 ~tto'-mey / Finahce/-Human Resources S:~BULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XC: Peter Mazzella (w/attachment) John Guidry " File " Barbara Conboy (w/attachment) Bill Atkins, Procurement Services" S:~BULLETINXFORMS~ukGENDA ITEM REQUEST FORM.DOC June 19, 2001 JUN 2 0 2uui BOYNTON B£ACH UTI UTIES Mr. Peter Mazzella Assistant Utilities Director City of Boynton Beach Utilities Department 5469 West Boynton Beach Blvd. Boynton Beach, FL 33437 Updating of the Digital GIS Land Base in the area of Federal Highway and Vicinity ADR File No. E-22295 Dear Mr. Mazzella: Following our recent meeting in your office, we are pleased to submit this proposal for updating the changes in proximity to Federal Highway, as visible on the recent 1" = 300' photography. The Project A~rea The entire length of Federal Highway within the City Limits and approximately a 50' buffer area on each side of the highway, furthermore, the recently developed areas as indicated on Map 43-45 Sections 27 and 28, and Map 43-46 Sections 04 and 05. The areas for updating were delineated and refined by the joint efforts of the City of Boynton Beach and BAE SYSTEMS ADR with the goal to minimize the cost for the revisions. It is our understanding that the City's ultimate goal is to update the entire City and Service Area, combined approximately 22 (twenty-two) square miles. This updating effort designated three separate areas for administrative purposes. Description of the Three Area Designations: Updating Area #h The Federal Highway and vicinity on the eastern area of the City as described above. Updating Area #2: The City of Boynton Beach Storm Water Swale System Improvement Project Area, Task Order 01-03 as proposed by BAE SYSTEMS ADR to Camp, Dresser & McKee, Inc. on the 27~ of March 2001 (ADR file E23012) totaling 3,124 acres and shown on the attached map, indicating five construction areas. Updating Area #3: Area #3 will consider the balance of the combined Service Area west of areas #1 and #2. The intention is to delineate the areas requiring revisions as a joint effort between City and BAE SYSTEMS ADR personnel, to again keep the cost of updating to the minimum. BAESYSTEMS ADR 9285rCommerce Highway Pennsauken NJ 08110 USA Telephone (800) 257-7960 Fax (856) 486-7778 06/20/01 09:40 Mr. P~mr Maze Jla June 20, 2001 P~ge 2 '~18564867778 BAE SYSTE]IS ADR 0003/0003 The final cost estimate fo- updal~__g Area #3 will be pre~nt~ :to the C~i& OlS and the Palm B~ach County Property Appraiser (PBPA)for cost-sharing consign soon at~- the areas of changes have been finalized by joint efforts of the City and BAE SYSTEMS ADR personnel. We call to your attention the productive advantages associated with consolidating the designated areas into one non-segme~ed, ,]nlnterrupted production task. For that reasoo should be made to consolklate Areas #1 and g2 into one project and possibl) mobili~tion ~fforC We propose to provide the services related to complete Area # I Federal Highway and Vicinity for-th~ lump sum f~e of $59~575.fi0 (f~y nine thousand five hundred seventy-five dollars). We estimated that Area #1 can be compl~ in two months aRer da~ of authorization. We look forward to working with you to compare the new photography and the land base in efforts to r~rme the changes for Ar~ #3 in the near futur~. We will mak~ ail thc necessary effort on our end to consolidate at least Areas #1 ami #2 into one single project task. We apprc~i~e the opportunity m present our proposal for this challenging updating task and lOOk forward to completing the projeot to the City's full satisfi~tion. Ve~y truly yours, BAE SYSTEMS ADR /db Attachment: Update #2 FROM ~ C~T'f OF BDYNTON BCH U-ILITiES FAX NO. ' 561742~98 Iun. ~ 2E~l i~:~5PM PS Contract No. GPa-! CONTRACT i~'t'w-_~N THe PALM BIlACH ~ Pu_OPHRTY APPRAISER AND ~ DATA RKDUCRON ASSOCIA133S, This CONTRAOF ia nde and entered AnCo on this 9th day 0£ July, 1991 by and.between the Palm Beach County Property Appraiser, 30! North Olive Avenue, Ft£thFlooF, GovernmentalCenter, #est Pain Beach, Florida 33401, a Constitutional officer of the Stats Florida (hereinafter PROP~APPBAIaRR). and~Aeriai Da~aRoduction Associates, Inc.', a Pennsylvania fiz~with the principal address Identification ~umber 22-1906~64 (~eFeine£~or COHTRAOI~3R). ~EREAS, f~e PROPERTY APPPJ~SBR ia a Constitutional o£~icor the State of Florida clmrged with identifying and assessing proper~¥ in Palm Beach County; and UHERnS., ~m PSoPua~ Am~.~Sn is e~powor~ ~ enter this contact; and qua~iriod contractor ko assist tho PRoP~. AFHtk~81Jt in posit~oning Aorizontalcontrola establiehedby a System £n PaLm Beach County; and FROM : C:TY OF BOYNTCIN BCH U-tLIT:ES FP;~tK NO. : 5617426298 Jun. 22 2131~2 12:34PM P~ \ This Addendun be~deen the PLLn Boaoh Rodutrtion Aaao~lateg, amend tho Agrte. untr amendnentf Addendum £ollouing 'H an~'addl~Lon the ~on~u~t and Lt~a addl~LonaX o~' ~:llo Con~:raot: and &m:ial l~.a uu~ualXy agree parties pFovidoe for k~e nuCual covenants and parugFal~ L of the Fink xggx, ale ~lendod to add ~ ko bo perfornod pucsuan~ to H &n Paragraph 3 of eith the agreed upon in thaw F'ROI"I : C:TY OF BOYNTFJN I~CH U-ILITiES \ FAX NO.~: 561742E~298 Iun. 22 2~1 12:]SPM P8 lnolude ~ ~ollauing: " · J~is phaH viii oonelat o£ training 'in ~e .) o£ Oba~tion8 and cozreo~Lng ex,i ~nd File :I loee The oonsiwt of S (five) por~ion of ~he F'ROM : ~Z2~, OF BOYNTCN BCH U'tLIT]ES FA~ NO. ; 561~42~298 ~Tun, 2_0 2~t 12:35PM F9 We onv:l, sion dovn.Load. ~ ~0 d. X~ f. fteen i som:ion und oo:t. naid.tnq 3 pi. uno FROM : CiTY ',DF B_]YNTL]~4 BCH UTILITIES FP.X HO. : 5617~t2E~98 Yurt. 22 2~1~I 12:Z6PM muf£:Lo:Len~l.y_ marked by section, Ftna! de control fmmtu~oe "~ DXF fi~em, ham .) .) .) ,) All delivmrY~ i~ u~lX by g_orrt to the Project Managers attention m~ b 1~ appraimoz'l o££iom. 3. ~nlmmm oxtmnded oF l~tOd, ~ period o£ pmz~ornmn~e o£ thin Second Addmndum mlmlX oommen~m on b date a£ mxe~ution and in achoduled fo~ oompletion tn mix (~) months m~cez tam date 4. Tho above dmm~ll~d Borlnon~ti ~ont~ol Dmnmi~lcation and h~ed This Addondun ~ill not becoue effective until fully mmeutod oopiem 4 NO, : Contrail: end Ao~ep'ced ~ ~:'0~ : '.-:Th" 07 BOYNTON BCH U'r~L['I':ES FR,,N NO, : CONTRACT B~TWENN THB PALl( BEACH CO~RTY PltOPBR~ APPRAIt~ BAI~ Systeml ADI~., ~NC. CONTRACT NO. s ~PS- ~ ADDENDUM This Addendum is attached Co and made a part of the contract between =he Palm Beach County Property Appraiser (herein "APPRAISER") and BAE Systems ADR, Inc. (herein "CONTRACTOR") da=ed July 9, 1991. WHEKEAS, the APPRAIBER and CONTRACTOR mutually agree to amend the .Agreement; and WHEHEAS, the Contract between the parties provides for this amendment; WHEREAS, the APPRAZB~ and CO~~OR a~ =he Con~ract for additional semites in the below described area with understanding that the legal Municipality in =he State o~ Florida, the Ci:y of Qreenacres (here~n "CI~"), =he ~P~ISZR, Palm Beach County (herein "CO~Y") ~il~ participate in this project for pu~ose o~ the moat efficient use of cheir funds and for other good considers=ions by sharing the cost evenly for ~he basic 10 geographic features listed in the first paragraph of the Second Addendum, item %-e for the area described ~n s~pmra~raphs through e) of chis Addendum and in accordanc~ with a separate agreement between-said Municigalicy and Con=factor. CO--and the APP~SEK will cost share on Chis projec= b~ a separate cooperative agreement. NOW, ~FOR~, in consideration of the mutual covenants contained herein the ~P~S~ and CO~CTOR hereby amen~ said Contract as Paragraph 2 of said Contract and Paragraph 1 o~ Che First ~dendum =hereto dated August 31, 1991, and Paragraph i of Second ~dendum, hereto dated Dece~er 4, 1991 are a~nded ~o add the following as an addition ~o the work to be Derfo~d pursuan~ the Contract, ~Cs Firs~ Addendum and its Second Addendum~ ~n addition to the work described in Paragraph 2 of the said Contract and Paragraph I of the First Addendum and Paragrap~ 1Ce) of the Second Addendum, CONTrACTOr, being a ~ull service organization, agrees Co provide =he below listed additional work and services according to the general terms and conditions o~ said Con=tact, its ~irst A~dendum, Second Addendum through i=s~ Thirtieth Addendum and according to the specifications of said agreement as agreed upon in. =his Thirty-First Addendum~ lof 3 FPOb~, :~.~ T'~,, OF BOYNTON BCH U-ILiT;ES FC4X 1'40 THE PROJECT AREA, OF MUT~ INTEREST AND SCOPE OF WORKI which rapt, and Ii a. The north of This 4 b. This 661,065 for =he CITY as Phase II, Finally selected Phases II ated as Phase II/III. as selected 27, and 34, by the Phase II, city 1,67~ III, city acres. III $, RGE of the 10 basic specified ance o5 =he city described II. 'area data of - acres to=al of ~he total of The ~inal deliVe~l~: i~ems~ shall be, ae Final translation of the collected digital da~a in Drawing Exchange Format (DxF) on MS- DOS ~loppy disks or CD ROM disk. ~x~mnsion/Tezm~n&=ion Unless ex~ended or terminated, =he period of ~erformance o~ ~his Thirtieth Addendum shall commence on ~he da~e of execution hereof and shall be completed no later =hen September 30, 2001. The above described addi=ional Photo Engineering Services will be performed ~or ~he area described a~ove for ~he lump sum fee $75,$26. (seventy five thousand seven hundred =wen:y si~} =o be paid by =he APPRA/S~a =o =he CONTKACTOR. The A~PRAIS~R's share is $38,417. The COUNTY has agreed =o pay the APPRAISER the fixed amoun~ $37,309. The APPRAISES has the right to cancel =his addendum upon nonpayment from the COUNTY as defined by above said cooperative agreement (all authorized and accepted work Der£ormed shall be paia up through the 2 o~ 3 .FROM : C;~' OF BOYNTOM BCH U~IL!T'~S ~AX NO. : _~6174~298 termination date). This addendum r~pr~ents the cost sharing of the 10 basic geacure8 got Phase II/I~I, City of Greenacres for the COUNTY and This Addendum will not bacome effective un=il of ~roenacree authorizes CONTI~ACTOR to proceed, furthermore, £ully execu=e~ ¢op~es of same are received by all parties hereto. Except as modified herein the terms and conditions of ~he said Con~rmc~ and =he Firsc and Second'Addenda =here. to beuween the Palm Beach County Property Appraiser and ~J~ Systems, ADR Inc. shall remain in ~orce. Agreed and Accepted: BA~ Systems ADH, Inc. Agreed and Accepted= Pl~~h Coun~ Gary R. Nitolt~s, CFA Dar.d, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM V-CONSENT AGENDA ITEM I. Requested C ty Commission Meetinq Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meetina Dates Date Final Form Must be Turned in to City Clerk's Office [] March 20, 2001 [] April3, 2001 [] Apd117, 2001 [] May1,2001 NATURE OF AGENDAITEM March 7, 2001 (5:00 p.m.) [] May 15, 2001 May 2, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) [] June 5, 2001 May 16, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) [] June 19, 2001 June 6, 2001 (5:00 p.m.) [] July 3, 2001 June 20, 2001 (5:00 p.~.) April 18, 2001 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business ~ "~'~ [] Public Hearing [] Legal c:> -~_< [] Bids [] Unfinished Business [] Announcement ~ Presentation ~ Ci~ Managers Repo~ RECOMMENDATION: Staff recommends Commission approval of the preparation for final adoption of the City'~f Boynton Beach's 2001-2002 Community Development Block Grant (CDBG) One-Year Action Plan to reflect'the proposed expenditures as outlined in program impact. EXPLANATION: The City of Boynton Beach is in its fifth (5th) year of receiving Federal Grant Funds. The One-Year Action Plan is being developed with activities listed that show how the use of these funds will address the needs of the Community. Proposals were received as a result of public advertisement, and were reviewed by a committee comprised of the following citizens and City of Boynton Beach employees: Diana Tedtman ............................................................................ ;Education Advisory Board Ron Washam ............................................................................ Community Relations Board Woodrow Hay .................................................................. Planning and Development Board Shanna St. John ................................................................................. Youth Advisory Board Dan DeCarlo ................................................................................... Neighborhood Specialist Hannah Matras ........................................................................ Economic Research Planner Octavia Sherrod ............................................................ Community Development Manager PROGRAM IMPACT: The Community Development Block Grant (CDBG) Program's purpose is to help the City of Boynton Beach meet the needs of its lower income residents by offering a wide range of Community Development Activities. These include, but are not limited to, infrastructure improvements, family development, public services, housing and recreational needs, as well as fund administration by the City. The recommendations for FY 2001/2002 are as follows: Grant Amount $578,000 Aid to Victims of Domestic Abuse Community Caring Center Healthy Mothers, Healthy Babies I Have a Dream Juvenile Transition Center Urban League Vetsville Cease Fire House Summer Camp Scholarships - TOTAL PUBLIC SERVICE Recommendation 10,000 15,000 7,200 7,500 15,000 5,000 12,000 15,000 86,700 City of Boynton Beach Agenda Request Form - July 3, 2001 Page 2 Boynton Beach Faith Based CDC m ~OmmunitY Based organization PBC Resource Center Economic-Small Business Development PBC Resource Center Job Training w/Flodda Atlantic University Fair Housing Center (administrative) Economic Development Program County Match (Repro'grammed F~nds) Wilson Center Rehabilitation Administrative Rehabilitation & Delivery TOTAL FUNDING FY 2001/2002 75,000 30,000 25,000 15,000 50,000 35,000 100,600 210,700 578,000 FISCAL IMPACT: The City of Boynton Beach expects to receive $578,000 for this program to continue its Community Development efforts. ALTERNATIVES: The City of Boynton Beach would have to use ad valorem dollars, or would have to discontinue its rev~ _ ~-J~~D eD e part~;~'nl iai!Il!~ Si~ l~'tur;'~ city Manager's Signature Department of Development Division of Community Redevelopment Department Name City Attorney / Finance / Human Resources Fiscal Year 2001/2002 CDBG Allocation $578,000 Administration ......................................................................................... 115,600 Public Service ........................................................................................... 86,700 Balance .................................................................................................... 375,700 Agency Aid to Victims of Domestic Abuse Community Caring Center Fair Housing Center Healthy Mothers, Healthy Babies I Have A Dream Juvenile Transition Center Urban League Vetsville Cease Fire House City of Boynton Beach Summer Camp Scholarship Program Re~_uest Current Funding Average Score Recommendation 12,000 10,000 93 10,000 30,000 10,000 98 15,000 20,000 15,000 82 15,D00' 25,000 92 7,200 10,000 7,500 83 7,500 50,303 15,000 76 15,000 8,000 5,000 86 5,000_ 32,136 12,000 86 12,000 15,000 15,000 NIA 15,000 Boynton Beach Faith Based CDC 128,401 35,000 (A Community Based Organization) PBC Resource Center 35,000 30,000 79 (Economic - Small Business Development) PBC ReSource Center 25,000 25,000 80 (Construction Management- Education) City of Boynton Beach 35,000 -0. NIA Wilson Center Renovation Residential Rehabilitation 120,000 Rehabilitation Delivery 90,000 Administration (*Includes Fair Housing) 115,600 20% 87 75,000 30,000 25,000 35,000 120,700 90,000 115,600 ~.CH~MAIN~SHRDATA\CommunityRD\CDBG\CDBG 2001-2002\TRCHandout.doc Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] ^pri117, 200~ [] May 1,2001 V-CONSENT AGEN DA ITEM J CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21,200l (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Approval by Motion of Proposed Community Reinvestment Activities EXPLANATION: Pursuant to Resolution, the City Commission may authorize Commission members use of Community Investment Funds. The following is a list of proposed activities as suggested by members of the City Commission with an estimated cost of each: Commissioner McCray: Uniforms and Sports Equipment for Police Athletic League $2,000 PROGRAM IMPACT: The program is designed to provide for community improvements based on recommendations of members ofthe City Commission. These improvements may consist of improvement to park properties, installation of architectural features on city property or other activities benefiting the public. FISCAL IMPACT: ALTERNATIVES: Funds are included in the current budget for these purposes. Department Head's Signature Do not approve all or part of the above requests. ] City Manager's Signature Department Name City Attorney / Finance / Human Resources S:XBULLETINZFORMS'uS. GENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 VI-CITY MANAGER'S REPORT ITEM B. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOlx ,. Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18,2001 (5:00p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 200t [] July 3, 2001 Date Final Form Must be Turned in to Cie/Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Review Report of Water Conservation Options/Programs. Staff should be directed to pursue options deemed appropriate by the City Commission and provide follow-up report to the Commission. EXPLANATION: This is a follow-up to the discussion held at the City Commission meeting of April 3rd. Staff was requested to present options and programs that are contributory to water conservation. The water rate surcharge program is included along with three other rate options under point #5 in the attached staff report. PROGRAM IMPACT: The program should contribute to water conservation City-wide. The amount of water conservation is dependent on the strategy or strategies endorsed and adopted by the City Commission. FISCAL IMPACT: The intent of any water rate revisions should be to be revenue neutral except to fund the cost of water conservation measures or programs. In addition, the water rate revisions should be designed to not adversely impact any class of customer. The next level of staff work related to rate revision recommendations would be focused on these two basic objectives. ALTERNATIVES: Status quo. Department Head's Signature C~t~ Manager's S~gnature Depat htlent Name City Attorney / Finance / Human Resources S:LBULLETIN~FORMS'xAGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER INTER-DEPARTMENTAL CORRESPONDENCE DATE: June 26, 2001 TO: Kurt Bressner, City Manager FROM: Dale S. Sugerman, Assistant City Manager SUBJECT: Comprehensive Water Strategy for All Water Customers Attached you will find an outline of items that, taken together, can form a comprehensive strategy for dealing with the current drought. Each item can stand on its own, yet, taken together, will probably go a long way toward reducing the amount of water used in our City. I will be in attendance at the July 3rd City Commission meeting to discuss this comprehensive strategy, or to answer any questions you or members of the City Commission may have on this material. Dale S. Sugerman Assistant City Manager CC; Members of the Water Resources Leadership Team "A comprehensive water strategy for all water customers" On Apdl 3, 2001, the staff proposed to the City Commission the use of a temporary residential rate plan =that was designed to encourage a reduction in water use by those customers who exceeded 25,000 gallons per month. The proposed "Emergency Conservation" rate plan was designed to be temporary in nature (put in place only when the South FlOrida Water Management District · estrictions) and it was designed to be an economic disi exceeded double the usage of the "typical" average family. The City Commission took no action on the proposed temporary rate plan, and instead, asked the staff of generate, a "smor~gasbord'. of o ptions to be considered at their May 1, 2001 meeting. At that meeting, a total of 9 options were Presented to the Commission. Included in the smorgasbord were 6 options that impacted the rates, one way or another. Further, one option dealt with increasing the amount and types of communications with our customers. One option dealt with increasing water restriction enforcement and the final option was to do nothing. The City Commission took no action on the smorgasbord of options either, and instead, asked the staff to generate a comprehensive water strategy for all water customers. Below is an outline of what a comprehensive water strategy might look like. it has 10 component parts, each of which is listed in order from easiest and least expensive to implement, to most difficult and most costly to implement. None of these options necessarily stand alone. Some, or all of them, can be accomplished overtime, it truly comes down to a matter of the amount of time we want= to spend implementing one (or any): of these options, as well as the amount of money we are willing to: spend to implement them. 1) Continue to do nothing different or new. Leave things the way they are. 2) Implement a further reduction of system water pressure (leaving the water treatment plants) during selected times. This would reduce the amount of water that is used by automatic sprinkling systems. 3) Provide for greater enforcement of the current water restrictiOns. This would not mean adding any additional officers for enforcement, but rather would mean a redirection of how we currently deploy our resources. 4) Develop an enhanced public information campaign. Create a Citizens' Advisory Board to advise the Commission on the use, or abuse, of water. Install additional median warning signs advising the public about the nature and current status of the drought. Install a center-of-city water pumpage tote board. (Fashioned after the not-for-profit type organizational A m~ in water usage were ' on the South FI be ,a the common areas of HOA's one is taking responsibility for 5) Modify the. rates. Implement: a temporary conservation rate schedule (as has already been Proposed by staff). · Commission a Cost-of-Service study by an engineering firm to look at all :rates. This cost-of-service study will take into 6a.) use rates. Implement a permanent rate adjustment (that builds in economic conservation enforcement), such as the one suggested by Commissioner Ferguson. Develop a new citywide landscaping policy that encourages water conservation, rather than the Current one that encourages water usage. This would take the development of a revision tO the City Code and the Land, Development Regulation standards. Promote the use of Iow-flow irrigation systems. Mandate the installation of rain sensor devices. 6b.) Create incentives for partici in-thin'hew landscaping policy. · Grant awards for good users. · Grant awards for retrofitting Iow-flow systems. Sell (or give away) native shade trees at Iow prices. 7.) 8.) 9.) Establish and promote a citywide re-use plan/utility. Recently, staff has been meeting with the Director of the Regional Wastewater plant to talk about expansion of the re-use system. This is a viable alternative, but its implementation will take considerable time and additional expense. Increase wellfield production and expand water treatment plant capacity, using sources that are neady unlimited. The South Flodda Water Management District has indicated to City staff that they are receptive to our use of Floddan wells. These well are 700 - 900 ft. deep (running much deeper than our current surficial wells) and they cost between $600-$700K to install. They are expensive to install and the permitting process would be rather tricky. In addition, the treatment process is considerably more intense and more expensive. However the use of water from a Floridan well would be unrestricted. Encourage (or mandate) the use of sub-metering. Currently, a significant number of residential usage is through a master meter. That is, nulti-family homes, condominiums and apartments are served does not have its own water is seemingly unlimit implement, studies have reduce usage between 2C y, a master meter. Each individual unit .=ter, so to those customers, the use of .~d. While this option is very expensive to shown that submetering can help to and 40 percent. Requested City Commission Meetm~ Dates [] March 20. 2001 [--'1 APril 3, 2001 [] April 17,2001 ~ May 1, 2001 XI-LEGAL ITEM A. 1 CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21.2001 (5:00 p.m.) APril 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission MeetinE Dates [] May 15.2001 ["1 June 5, 2001 June 19, 3, 2001 July Date Final Form Must be Turaed in to City Clerk'~ Offic~ May 2,2001 (5:00 pm.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) /une 2Q, 200l (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report [] Development Plans [] New Business [] Legal [] Urd'mished Business [] Presentation RECOMMENDATION: Approval of this Ordinance o~ading, which will amend the City _CTaarter and Code to reflect a change in the date of Municipal Elections from Match to November to coincide with county, state and federal elections. EXPLANATION: Florida Statute 100.3605(2) authorizes the governing body of mumcipalities to change, by Ordinance, the dates for qualifying and for the election of membess of the mumcipal governing body and to provide for an orderly transition of office resulting from such change. In drafting the Ordinance the City Attorney took the liberty of providing that sitting elected officials will continue to serve until their seat is filled in the November election which follows the end of their current term. This avoids cutting short the term to which the official was elected. The change to a November election m coincide with county, state and federal elections, would result in a greater voter participation, as well as reducing any costa associated .with elections. PROGRAM IMI~ACT: n/a FISCAL IMI~ACT: ALTERNATIVES: Keep the municipal election in Marcl~ D~p~ I'I~d s $iguat~'~ Department Name City Manager's Signature City Attorr f r'mance / Human Resources SABULLETIN~ORMS~AGENDA ITEM REQUF.~T FORM.DOC ORDINANCE NO. O1 - 25 AN OF THE FROM THE SECOND TUESDAY IN MARCH TO THE FIRS'I PROVIDING FOR A OF (SECTIONS AN EFFECTIVE DATE. DR WItEREAS, the City Commission has considered the public benefits of municipal elections that coincide with county, state and federal elections; and WItEREAS, the City Commission has determined that moving municipal elections fi:om the second Tuesday in Ma(ch, as currently provided for in the Code and ' Charter, to the first Tuesday in November to coincide with county, state and federal flections would result in a greater voter participation in municipal elections and would · educe costs associated with elections when only municipal candidates are on the ballot; and WItEREAS, Florida Statute 100.3605(2) authorizes the governing body of municipalities to change, by Ordinance, the dates for qualifying and for the election of of the municipal governing body and to provide for an orderly transition of ~ffice resulting fi:om such change; WItEREAS, The City Commission has considered and is guided by the Florida Attomey General's opinion (AGO 2000-61, issued October 6, 2000) that a municipality may by ordinance amend its city charter to move the dates of city elections to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to coincide with the extension. ' NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and tncorporated herein by this reference. Section 2. Effective immediately upon adoption of this Ordinance municipal elections shall be held on the first Tuesday in November in years when elections arc required to maintain staggered terms as provided for in the City Charter. The next municipal election following the adoption of this Ordinance will be the first Tuesday in November, 2002. Section 3. To provide for the orderly transition of office and to avoid shorting the term of office for which current elected officials were elected, each elected official who holds office on the date of enactment of this Ordinance shall continue to serve in- office until their seat is filled in the November election which follows the expiration of their current elected term. Section 4. All references to "March" in the City' Code or Charter, when used in the context of elections shall be consa'ued to mean "November", following the enactment of this ordinance. Section 5. All references to "January" in the City Code or Charter, when used in the context of elections or qualifying for elections shall be construed to mean "September", following the enactment of this ordinance. Section 6. All references to "February" in the City Code or Charter, when used in the context of elections or qualifying for elections shall be construed to mean "October", following the enactment of this ordinance. Section 7. Sections 15, 51,138 and 141 of the City Charter are amended by adding the words and figures in underlined type and by deleting the words and. figures in struck through type, as follows: Sec. 15. office. When Commission Members and Mayor to assume The Commission Members and Mayor who are elected in elections held in November of any year, shall assume office on the first regular or special city commission meeting . Once all newly elected officials have take~ in accordance with the of this then proc of this Charter. Sec. 51. 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 .... 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 .... Sec. 138. Call by Mayor, publication of proclamation; qualification of candidates, filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless othenvise provided in this Act, ... Candidates for City Council shall file such papers and pay such fees as may be required by law with the City Clerk no earlier than noon on the last Tuesday in September, nor later than noon on the second Tuesday in October of the calendar year in which the election is to be held... Sec. 141. Regular municipal election, date; qualification of electors for Councilmen; method of holding elections, special elections. Regular municipal elections shall be held on the first Tuesday in November in an election year. In the event a mn-off election is required as specified in section 139 hereof, said election shall be held on the fourth Tuesday of November. The City Council shall prescribe, by ordinance, the method and manner of holding all elections in said City, and shall provide when and how special elections shall be called and held, which are not provided by the terms of this Charter, and all elections shall be conducted substantially on the principle adopted for state election insofar as there are no conflicts with the terms ofthis Charter. Section 8. In the event of a conflict between the provisions of this ordinance and any other provisiOn of the City Code, City Charter, ordinance or resolution, this ordinance shall control. .Section 9. Authority is hereby given to codify this Ordinance with specific authority granted to add notations to conflicting provisions of the City Code or Charter. Section 10. This Ordinance shall become effective immediately upon passage FIRST READING this Iq day of June 2001. SECOND, FINAL READING AND PASSAGE this day of June, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk :ca'~rdkDat~ of Mun El~ec'tior~ Commissioner Requested Cit3' Commission Meeting Dates [] March20. 2001 [] April 3. 2001 [] April 17. 2001 [] May 1.2001 XI-LEGAL ITEM Al2 CITY OF BOYNTON BEA£ AGENDA ITEM QUEST Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meetin[[ Dates [] May 1:5, 2001 [] June :5, 2001 .tune 19, 2001 July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office May 2. 2001 ($:00 p.m.) May 16. 2001 (5:00 p.m.) June 6. 2001 (5:00 p.m.) June 20. 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION:Motion to approve revisions to the Cross-Connection control and Backflow Prevention ordinance, modifying the types of backflow prevention units that are acceptable in certain circumstances, and requiring increased backflow protection in areas served by wastewater reuse systems. EXPLANATION: The Florida Dept. of Environmental Protection is requiring all potable water providers in areas served by the South Central Regional Wastewater Treatment Plant's reuse water system to update their respective cross-connection control ordinances so as to provide increased protection through the use of more effective backflow preventers. The ordinance change also substitutes the use of double check valve assemblies in place of pressure vacuum breakers in order to provide a higher level of protection. PROGRAM IMPACT: The ordinance revision will not have an appreciable impact on the existing Cross-Connection Control program. FISCAL IMPACT: None ALT~RNATIV~S:ij~..~../.ri~.No,,. Mostoftherev,,,$ar, b~i,greq,iredd~/~'g, by the D~~tectio,...~ ~ ~xrv~ ~~._~City.I~ig~r~:$i,a,r~ Department Name / City Attorney / Finance / Human Resources XC: Peter Mazzella (w/attachments) City Attorney " Robert Hagel, S. Central Regional" File " S:XBULLETIN~ORMSV~GENDA ITEM REQUEST FORM.DOC ORDINANCE 01-'Rt~ AN ORDINANCE OF THE CITY COMMISSION OF THE BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26 V. SECTION 26-207(C) "BACKFLOW PREVENTION WHEN CITY DEVICES; OF CONFLICTS DATE. WHEREAS, the City Commission, upon recommendation of staff, has deemed it 26, Article V SeCtion 26-207 (c) to comply with requirements of the State Department of Environmental Protection relative to backflow prevention in areas served by reuse water from the South Central Regional Wastewater Treatment Plant. NOW, THEREFORE, BE IT ORDAINED BY TI-IE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" Clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. That Chapter 26, Section 26-207(c) is hereby amended by adding the and figures in underlined type and by deleting the words and figures in struck-through type, as follows: 26-207(c)(7) An approved backflow prevention device... Type of Facility Irrigation systems (Non-residential) Minimum Type of Protection R.P,. or ~ D.C.V.A. I Sewage pumping stations For all premises (including residential) in areas serviced by irrigation water from a wastewater reuse system, the public water system shall be protected by an approved double check valve assembly at the service connection. Section 3. That each and every other provision of Chapter 26 not hereinbefore specifically amended shall remain in full force and effect as previously enacted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this ordinance. Section 7. This Ordinance shall become effective immediately upon passage. FIRST READING this Iq day of ,~ u,~ ,2001. SECOND, FINAL READING AND PASSAGE this day of ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk Commissioner Commissioner s:caXord\Chpt 26 - Section 26-207 amd061101 Requested City comrrassion Meeting Dates [] March 20. 2001 [] April 3. 2001 [] April 17. 2001 [] May I 2001 Xl. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR v, Date Final Form Must be Turned tn to City Clerk's Office March 7.2001 (5:00 p,m.) March 21,200l (5:00 p.m.) April 4, 2001 (5:00 p.rn.) April 18. 2001 (5:00p.m.) Requested City Commission Meeting, Dates [] May 5. 2001 [] JuneS, 2001 June t9, 2001 ~ July 3. 2001 LEGAL A. 3 Date Final Form Must be Turned in to Cit~ Clerk's Office May 2, 2001 (5:00 p.m,) May 16. 2001 {5:00 p,m.) June 6. 2001 {5~00 p.m0 June 20. 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report ~,' RECOMMENDATION: Staff recommends that the City Commission approve Ordinance No.0 ~ ., ~onununications Rights-Of-Way, pursuant to Florida State Statute Section 337.401 providing for registration for placing or maintaining communications facilities in public rights-of-way. EXPLANATION: The purpose of the Communications Rights-of-Way Ordinance is to assist local government officials in implementing select provisions of the Communications Services Tax Simplification Law, Chapter 2000-260, Laws of Florida. Effective January 1, 2001, Section 337.401, Florida Statutes, is amended to state that the Legislature intends for municipalities and counties to treat "telecommunications companies" in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of telecommunications facilities in the public roads or rights-of-way. Rules or regulations imposed by a municipality, or county relating to telecommunications companies placing or maintaining telecommunications facilities in its roads or rights-of-way must be generally applicable to all telecommunications companies and may not require a telecommunications company to apply for or enter into an individual license, franchise, or other agreement with municipality or county as a condition of placing or maintaining telecommunications facilities in its roads or rights-of-way. The law further states that a municipality or county may require a telecommunications company to register with the municipality or county. Effective October 1, 2001, Section 337.401, Florida Statutes, is further amended to apply the language above to providers of "communications services" instead of "telecommunications companies." This statutory language is in Section 51, Chapter 2000-260, Laws of Florida. Providers of "communications services' is a broader category than "telecommunications companies," and is defined to include local telephone, cable, long distance, wireless, etc. The Communications Rights-of-Way Ordinance is designed to impose rules to regulate the placement and maintenance of communications facilities in rights-of-way by providers of communications services. It includes, among other provisions, provisions providing for registration by communications services providers, provisions governing placement or maintenance of communications facility in rights-of-way and insurance and indemnification requirements. Effective October 1, 2001, the new tax structure under the Communications Services Tax Simplification Law takes effect, and the ability to impose franchise or other fees is removed and a general ordinance regulating the placement or maintenance of facilities by the broader providers of communications services, which includes telecommunications companies, is considered necessary. The regulation of cable service providers in not included in the Communications Rights-of-Way Ordinance. While the definition of "communication services" is broad enough to include cable service, the Ordinance excluded S:\BULLETRCdeORMSXAGENDA FI'EM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM "cable service" and notes that cable service ia service 260, Law~ terms ) other municipal or county ordinances. Cable n 51, Chapter 2000. retains authority to negotiate all revenuesor other dermitions or on providers of cable services." PROGRAM IMPACT: Florida State Statute requires the City to implement the Communications Rights-Of-Way Ordinance and procedure, FISCAL IMPACT: Communications Rights-Of-Way registration application fee of $25.00 and applicable permit fees (see attached fee schedule). ALTERNATIVES: None. Required by Florida State Statute d,.,/;.',' / D~artment Head~s Signature // Department Name Cit~ Manager's Signature City Attor~ / Finance / Human Resources S:\BULLET[i'qXFORMSXAGENDA ri'EM REQUEST i~ORM'DOC 1 2 3 4 5 6 7 8 9 10 Il 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 ORDINANCE NO. ~1-.- ~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGULATING THE USE OF PUBLIC RIGHTS-OF- WAY FOR COMMUNICATIONS FACILITIES; REPEALING C~APTER 25 ORDINANCE O 00-32; PROVImNG FOR TITLE; PROVIDING y~R INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PRovIDING FOR REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR SALE OR ASSIG~V~rNT Or ASSETS IN PUBLIC F-WAY; PROVIDING FOR PLACEMENT OR CILITY IN ~USPENSION FOR ; TERMINATION OF FOR EXISTING , IN ] FOR FOR FACILITY; FOR WHEREAS, 1, 2001, Section 337.401, Florida Statutes (2000), is amended to state that because federal and state law require the nondiscriminatory treatment of providers of telecommunications services and because of the desire to promote competition among providers of telecommunications services, it is the intent of the Legislature that municipalities and counties treat telecommunications companies in a nondiscriminatory and competiti' governing the placement or mai roads or fights-of-way. Rules or to telecommunications companie,, ~ely neutral manner when imposing roles or regulations ntenance of telecommunications facilities in the public regulations imposed by a municipality or county relating placing or maintaining telecommunications facilities in C:\WINDOWS\TEMI~BB FLC -Mdl Comnaacatns Rghts-of-Wy Ord 060101CIA.doc - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 its roads or fights-of-way must be generally applicable to all telecommunications companies and, notwithstanding any other law, may not require a telecommunications company to apply for or enter into an individual license, franchise, or other agreement with the m~cipality or county as a condition of placing or maintaining telecommunications facilities in its rOads or rights~of-way; and ' ~ ~EREAS, effeCtive'October 1~ 200I, SeCtion 337.401, Florida Statutes (2000), is further amended to state that because of the unique circumstances applicable to providers of communications services and the fact that: federal and state law require the nondiscriminatory treatment of providers of telecommunl'cations services, and because of the desire to promote competition among providers of cOmmunications services, it is the services in a nondiscriminatory and competitively neutral manner 'when imposing rules or regulations governing the placement or maintenance of ieommunications facilities in the .public rOads or rights-of-way. 'Rules or regulations imposed by !a municipality or county relating to providers of communications services placing or maintaining communications facilities in its roads or rights-of-way must be generally applicable to all providers of communications services and, notwithstanding any other law, may not require a provider of communications services, except as otherwise provided for providers of cable service, to apply for or enter into an individual license, franchise, or other agreement with the municipality or county as a condition of placing or maintaining communications facilities in its roads or rights-of-way; and WI-IEREAS, it is the intent of the CITY to exercise the CITY's authority over communications services providers' placement and maintenance of facilities in the Public C:\WINDOWS\TEMI~BB FLC - Mdl Coim.a.catns Rffhts-of-Wy Ord 060101¢ln.doe -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Rights-of-Way so as to not interfere with existing CITY utilities and/or systems currently serving its residents; and WHEREAS, it is the CITY's intent to treat each communications services provider in a nondiscriminatory and competitively neutral manner in exercising such authority; and WHEREAS, the Public Rights.of-Way subject to the jurisdiction and control of the CITY: (1) are critical to the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all citizens; (2) are a unique and physically limited resource-and proper management by the CITY is necessary to maximize efficiency, minimize the costs to the taxpayers of the foregoing uses, and to minimize the inconvenience to and negative effects upon the public from such facilities' placement and maintenance in the Public Rights-of-Way; and (3) are intended for public uses and must be managed and controlled consistently with that intent; and WHEREAS, it is the intent of the CITY to exercise its authority to adopt reasonable rules and regulations to the fullest extent allowed by Federal and State law; and WHEREAS, it is the intent of the CITY that this Ordinance shall not apply to cable service providers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1 - The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance. Section 2- Repealer Chapter 25.1 (Ordinance O 00-32) of the Code of ordinances is repealed. C:\WINDOWS\TEMI~BB FLC - Mdl Con~a~catns Rghts-of-Wy Ord 060101cln.doc -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 Section 3 - Title This Ordinance shall be known and may be cited 'as the City of Boynton Beach Communications Rights-of-Way Ordinance. Section 4. Intent and Purpose It is the intent of the CITY to promote the public health, safety and general welfare by: providing for the placement or maintenance of Communications Facilities in.the Public Rights, of-Way within CITY; adopting and administering reasonable roles and regulations not inconsistent with State and Federal law, including Section 337.401, Florida Statutes (2000), as it may be amended, CITY's home-role authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other Federal and State law; establishing reasonable roles and regulations necessary to manage the placement or maintenance of Communications Facilities in the Public Rights-of-Way by all Communications Services Providers; and minimizing disruption to the Public Rights-of- Way. Section 5 - Definitions For the purposes of this Ordinance, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly 'stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number; and the masculine gender includes the feminine gender. "And" and "or" may be read conjunctively or disjunctively. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined in this Ordinance shall be given the meaning set forth in Title 47 of the United States Code, and, if not defined therein, their common and ordinary meaning. References C:\WINDOWS\TEMP~BB FLC - Mdl Cornnmcatns Rghts-of-Wy Ord 060101 cln.doc -4- 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 ~- 24 to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actiOns, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. 1. "Abandonment" shall mean the permanent cessation of all uses of a communications Facility; provided that this term shall not include cessation of all use of a Facility within a physical structure where the physical structure continues to be used. For example, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be "Abandonment" of a Facility in Public Rights-of-Way. 2. "CITY" shall mean City of Boynton Beach, Florida. 3. "Communications Services" shall mean the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. Notwithstanding the foregoing, for purposes of this Ordinance "cable service", as defined in Section 202.11(2), Florida Statutes (2000), as it may be amended, is not included in the definfion of "Communications Services" and cable service providers or providers of service via an open video system may be subject to other ordinances of the CITY. 4. "Communications Services Provider" shall mean any Person providing Communications Services through the placement or maintenance of a Communications FaCility in Public Rights-of-Way. "Communications Services Provider" shall also include C:\WINDOWS\TEMPXBB FLC - Mdl Commncatns Rghts-of-Wy Ord 060101cln.doc -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 any Person that places or maintains a CommUnications Facility in Public Rights-of-Way but does not provide Communications Services. 5. "Communications Facility" or "Facility" or "System" shall mean any permanent or temporary plant, equipment or property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the Public Rights-of-Way of the CITY and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer Communications Services. 6. "FCC" shall mean the Federal Communications Commission. 7. "In Public Rights-of-Way" or "in the Public Rights-of-Way" shall mean in, on, over, under or across the Public Rights-of-Way. 8. "Ordinance" shall mean this Ordinance. 9. "Person" shall include any individual, child, firm, association, joint venture, parmership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, all other groups or combinations, and shall include CITY to the extent the CITY acts as a communications services provider.. 10. "Place or maintain" or "placement or maintenance" or "placing or maintaining" shall mean to erect, construct, install, maintain, .grade, excavate, place, repair, extend, replace, expand, remove, occupy, locate or relocate. A Communications Services Provider that owns or exercises physical control over Communications Facilities in Public Rights-of-Way, such as the physical control to maintain and repair, is "placing or maintaining" the Facilities. A party providing service only through resale or only through C:\WINI~WS\TEMP'~BB FLC-'Md' Coa-~a-aacatns Rghts-o ',-W_y ~Ord_06Ol01cln.doe 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 use of a third party's unbundled network elements is not "placing or maintaining" the Communications Facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the PUblic Rights-of-Way does not constitute "placing Or maintaining" Facilities in the Public Rights-of-Way. 11. "Public Rights-of-Way" shall mean a public right-of-way, public utility easement, public highway, street, lane, bridge, sidewalk, road, waterway, tunnel, alley, or similar property for which the CITY is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface to the extent the CITY holds a property interest therein. "Public Rights-of-Way" shall not include private property. "Public Rights-of. Way" shall not include any real or personal CITY property except as described above and shall not include CITY buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the Public Rights-of-Way. No reference herein, or in any permit, to Public Rights-of-Way shall be deemed to be a representation or guarantee by the CITY that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a Registrant shall be deemed to gain only those rights to use as are properly in the CITY and as the CITY may have the undisputed right and power to give. 12. "Registrant" shall mean a Communications Services Provider or other person that has Registered with the CITY in accordance with the provisions of this Ordinance. 13. "Registration" or "Register" shall mean the process described in this Ordinance whereby a Communications Services Provider provides certain information to the CITY. C:\WINDOWS\TEMP~BB FLC - Mdl Commncams Rghts-of-Wy Ord 060101tin.doc -7- 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Section 6 - Registration for Placing or Maintaining Communications Facilities in Public Rights-Of-Way 1. A Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way in the CITY shall first Register with the CITY in accordance with this Ordinance. Subject to the terms and conditions prescribed in this Ordinance, a Registrant may place or maintain a Communications Facility in Public Rights-of-Way. A Communications Services Provider with an existing Communications Facility in the Public Rights-of-Way of the CITY as of the Effective Date of this Ordinance shall comply with this Ordinance within sixty (60) days from the Effective Date of this Ordinance, including, but not limited to, RegistratiOn, or be in violation hereof. 2. A Registration shall not convey any title, equitable or legal, to [he Registrant in the Public Rights-of-Way. Registration under this Ordinance governs only the placement or maintenance of Communications Facilities in Public Rights-of-Way. Registration does not excuse a Communications Services Provider from obtaining appropriate access or pole attachment agreements before locating its Facilities on the CITY's or another Person's facilities. Registration does not excuse a Communications Services Provider from complying with all applicable CITY ordinances, codes or regulations or submitting right-of-way permit applications, including this Ordinance. 3. Each Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way in the CITY shall file a single Registration with the CITY which shall include the following information: (a) name of the applicant; C:\WINDOWS\TEMPXBB FLC - Mdl Co~mi-~cams Rghts-of-Wy Omi 060101cln.doc -8- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 (b) name, address and telephone number of the applicant's primary contact person in connection with the Registration and the person to contact in case of an emergency; (c) for Registrations submitted prior to October 1, 2001, the applicant shall state whether it provides local service or toll service or both; (d) evidence of the insurance coverage required under this Ordinance and acknowledgment that Registrant has received and reviewed a copy of this Ordinance; (e) a copy of the applicant's certificate of authorization or license to provide Communications Services issued by the Florida Public Service Commission, the Federal Communications Commission, or other Federal or State authority, if any; (0 for an applicant that does not provide a Florida Public Service Commission certificate of authorization number, if the applicant is a corporation, proof of authority to do business in the State of Florida, including the number of the certificate 'of incorporation; and (g) a Security Fund in accordance with this Ordinance. 4. The Utilities and Engineering Departments shall review the information submitted by the applicant. If the applicant submits information in accordance with subsection 3 above, the Registration shall be effective and the CITY shall notify the applicant of the effectiveness of Registration in writing. If the CITY determines that the information has not been submitted in accordance with subsection 3 above, the CITY shall notify the applicant of the non-effectiveness of Registration, and reasons for the non- effectiveness, in writing. The CITY shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. 5. A Registrant may cancel a Registration upon written notice to the CITY stating that it will no longer place or maintain any Communications Facilities in Public Rights-of-Way within the CITY and will no longer need to obtain permits to perform work in Public Rights-of-Way. A Registrant cannot cancel a Registration if the Registrant continues to place or maintain any Communications Facilities in Public Rights-of-Way. C:\WINDOWS\TEMP~BB FLC - Mdl Co~u~cams Rghts-of-Wy Ord 060101tin.doc -9- 1 2 3 4 6 7 8 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 24 25 26 27 28 6. Registration shall:not in itself establish any fight to place or maintain or priority for the placement or maintenance of a Communications Facility in Public Rights- of-Way within the CITY, but shall establish for the Registrant a right to apply for a permit, if permitting is required by the: CITY. Registrations are expressly subject to any future amendment to or replacement :of this Ordinance and further subject.to any additional CITY's ordinances, as well as any State or Federal~ laws that may be enacted. 7. A Registrant shall renew its Registration with the CITY by April 1 of even numbered years in accordance with the Registration requirements in this Ordinance, except that a Registrant.that initially registers during the even numbered year when renewal would be due or the odd numbered year immediately preceding such even numbered year shall not be required to renew until the next even numbered year. Within thirty (30) days of any change in the information required to be submitted pursuant to subsection 3, except, as of October 1, 2001, subsection 3 (c), a Registrant shall provide updated information to the CITY. If no information in the then-existing Registration has changed, the renewal may -_~ state that no information has changed. Failure to renew a Registration may result in the CITY restricting the issuance 'of additional permits until the Communications Services Provider has complied with the Registration requirements of this Ordinance. 8. In accordance with applicable CITY ordinances, codes or regulations and this Ordinance, a permit shall be required of a Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way. An effective Registration shall be a condition precedent to obtaining a permit. Notwithstanding an effective Registration, permitting requirements shall continue to apply. A permit may be obtained by or on behalf of a Registrant having an effective Registration if all permitting requirements are met. Individual rights-of-way permits shall be obtained from the Department of Engineering on appropriate form currently in use. 9. A Registrant that places or maintains Communications Facilities in the Public Rights-of-Way shall be required to pay compensation to the CITY as required by applicable law and ordinances of the ~CITY. ~ · ' ' C:\WINDOWS\TEMP~BB FLC - Mdi Conmmcams Rghts-of-Wy Ord 060101tin.doc' [ -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Section 7 - Transfer, Sale or Assignment of Assets in Public Rights-of-Way If a Registrant transfers, sells or assigns its assets located in Public Rights-of-Way incident to a transfer, sale or assignment of the Registrant's assets, the transferee, buyer or assignee shall be obligated to comply with the terms of this Ordinance. Written notice of any such transfer, sale or assignment shall be provided by such Registrant to the CITY within twenty (20) days after the effective date of the transfer, sale or assignment. If the transferee, buyer or assignee is a current Registrant, then the transferee, buyer or assignee is not required to re-Register. If the transferee, buyer or assignee is not a current Registrant, then the transferee, buyer or' assignee shall Register as provided in Section 4 within sixty (60) days of the transfer, sale or assignment. If permit applications are pending in the Registrant's name, the transferee, buyer-or assignee shall notify the Engineering and Utilities Departments that the transferee, buyer or assignee is the new applicant. Any encumbrance on the Communications Facilities of the Registrant in the Public Rights- of-Way shall be subject and subordinate to the rights of the CITY under this Ordinance and applicable law. Section 8 - Placement or Maintenance of a Communications Facility, in Public RiRhts -of-Way 1. Registrant shall at all times comply with and abide by all applicable provisions of State, Federal and local law and CITY ordinances, codes and regulations in placing or maintaining a Communications Facility in Public Rights-of-Way. 2. A Registrant shall not commence to place or maintain a Communications Facility in Public Rights-of-Way until all applicable permits, if any, have been issued by the CITY or other appropriate authority, except in the ease of an emergency. The term C:\WINDOWS\TEMP~BB FLC - Mdl Con'm~cama Rghts-of-Wy Ord 060101.¢ln.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out-of-service condition of a pre-existing service. Registrant shall provide prompt notice to the CITY of the placement or maintenance of a Communications Facility in Public Rights-of-Way in the event of an emergency and shall be required to obtain an after-the-fact permit if a permit would have originally been required to perform the wOrk undertaken in Public Rights-of-Way in connection with the emergency. Registrant acknowledges that as a condition of granting such permits, the CITY may impose reasonable rules or regulations governing the placement or maintenance of a Communications Facility in Public Rights-of-Way. Permits shall apply only to the areas of Public Rights-of-Way specifically identified in the permit. The CITY may issue a blanket permit to cover certain activities, such as routine maintenance and repair activities, that may otherwise require individual permits. 3. As part of any permit application to place a new or replace an existing Facility in Public Rights-of-Way, the Registrant shall provide the Communications following: (a) An engineering plan signed and sealed by a Florida Registered Professional Engineer, or prepared by a person who is exempt from such registration requirements as provided in Section 471.003, Florida Statutes, identifying the location of the proposed Facility, including a description of the Facilities to be installed, where it is to be located, and the approximate size of Facilities and equipment that will be located in Public Rights-of-Way; (b) A description of the manner in which the Facility will be installed (i.e. anticipated construction methods or techniques); C:\WINDOWS\TEMPXBB FLC - Mdl Co,cure, cams Rghts-of-Wy Ord 060101cln.doc [ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (c) A maintenance of traffic plan for any disruption of the Public Rights-of-Way; (d) Information on the ability of the Public Rights-of-Way to accommodate 'the proposed Facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other Persons with facilities in the Public Rights of Way); (e) If appropriate given the Facility proposed, an estimate of the cost of restoration to the Public Rights-of-Way; (f) The timetable for construction of the project or each phase .thereof, and the areas of the CITY which will be affected; and (g) Such additional information requested by the CITY that the CITY finds reasonably necessary to review such permit application. 4. To the extent not otherwise prohibited by State or Federal law, the CITY shall have the power to prohibit or limit the placement of new or additional Communications Facilities within a particular area of Public Rights-of-Way. The CITY shall have the power to prohibit or limit the placement of new or additional Communications Facilities within the Public Rights-of Way if there is insufficient space to accommodate all of the requests to place and maintain Facilities in that area of the Public Rights-of-Way, for the protection of existing Facilities in the Public Rights-of-Way or to accommodate CITY plans for public improvements or projects that the CITY determines are in the public interest. 5. All Communications Facilities shall be placed and maintained so as not to interfere with the use of the Public Rights-of-Way by the public and with the fights and convenience of property owners who adjoin any of the Public Rights-of-Way. All Facilities shall be placed underground to the extent that similarly situated utilities (electric, communications, etc.) are so required. The CITY may require the use of trenchless C:\WINDOWS\TEMPkBB FLC o Mdl Commncams Rghts-of-Wy Ord 060101cln.doc -13- 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 technology (i.e., directional bore method) for the installation of Facilities in the Public Rights-of-Way as well as joint trenching or the co-location of Facilities in existing conduit. The Registrant shall be liable for the displacement, damage or destruction of any property, irrigation system or landscaping as a result of the placement or maintenance of its Facility within the Public Rights-of-Way. The CITY may promulgate reasonable rules and regulations concerning the placement or maintenance of a Communications Facility in Public Rights-of-Way consistent with this Ordinance and other applicable law. All Facilities shall be placed underground to the extent not inconsistent with the rules of the Public Service Commission. 6. All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of Communications Facilities. 7. A Registrant shall, at its own expense, restore the Public Rights-of-Way' to at least its original condition before such work after the completion of any placement or maintenance of a Communications Facility in Public Rights-of-Way Or each phase thereof. If the Registrant fails to make such restoration within thirty (30) days following the completion of such .placement or maintenance, the CITY may perform such restoration as it deems necessary and charge all costs of the restoration against the Registrant in accordance with Section 337.402, Florida Statutes (2000), as it may be amended. The Registrant shall guarantee its restoration work and shall correct any improper restoration work at its own expense for twelve (12) months following the original completion of the work. 8. Removal or relocation at the direction of the CITY of a Registrant's Communications Facility in Public Rights-of-Way shall be governed by the provisions of Sections 337.403 and 337.404, Florida Statutes (2000); as they may be amended. 9. A permit from the CITY constitutes authorization to undertake only certain activities on Public Rights-of-Way in accordance with this Ordinance, and does not create C:\WINDOWS\TEMP~BB FLC -Mdl Comrtmcams Rghts-of-Wy Ord 060101¢ln.doc - 14- 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 a property fight or grant authority to impinge upon the rights of others who may hax;e an interest in the Public Rights-of-Way. 10. A Registrant shall maintain its CommUnications Facility in Public Rights- of-Way in a manner consistent with accepted industry practice and applicable law. 11. In connection with excavation in the Public Rights-of-Way, a Registrant shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in Chapter 556, Florida Statutes (2000), as it may be amended. 12. Registrant shall place or maintain a Communications Facility in Public Rights-of-Way in compliance with all applicable standards as established by all local, State or Federal law and in conformance with the CITY ordinances, codes and regulations. Registrant shall use and exercise due caution, care and skill in performing work in the Public Rights-of-Way and shall take all reasonable steps to safeguard work site areas. 13. In the interest of the public's health, safety and welfare, upon request oft'he CITY, a Registrant shall coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable timeframe in the subject Public Rights-of-Way. The CITY may require Registrant to alter its placement or maintenance schedule as CITY determines to be reasonably necessary so as to minimize disruptions and disturbance in the Public Rights-of-Way. The CITY may provide a more definite time frame based on individual CITY construction or maintenance schedules. I4. A Registrant shall not Place or maintain its Communications Facilities so as to interfere, displace, damage or destroy any facilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the CITY or any other Person's facilities lawfully occupying the Public Rights-of-Way of the CITY. 15. CITY makes no warranties or representations regarding the fitness, suitability, or availability of CITY's Public Rights-of-Way for the Registrant's Communications Facilities and any--performance of work or costs incurred by Registrant or provision of services shall be at Registrant's sole risk. Nothing in this Ordinance shall C :\WINDOWS\TEMPXBB FL(2 - Mdl Comnmcatns ROhts-of-Wy Ord 060101 ¢ln.doc 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 affect the CITY's authority to add, vacate or abandon Public Rights-of-Way and CITY makes no warranties or representations regarding the. availability of any added, vacated or abandoned Public Rights-of-Way for Communications Facilities 16. The CITY shall havethe right to make such inspections of Communications Facilities placed or maintained in Public Rights-of-Way as it finds necessary, to ensure compliance with this Ordinance. In the event the CITY determines that a violation exists with respect to Registrant's placement or maintenance of Facilities in the Public Rights-of- Way that is not considered to be an emergency or danger to the public health, safety or welfare, the CITY will provide Registrant at least three (3) days written notice setting forth the violation and requesting correction. 17. A permit application to place a new or replace an existing Communications Facility in Public Rights-of-Way shall include plans showing the location of the proposed- installation of Facilities in the :Public Rights-of-Way. If the plans so provided require revision based upon actual installation, the Registrant shall promptly provide revised plans. The plans shall be in a hard copy format or an electronic format specified by the CITY, provided such electronic format is maintained by the Registrant. Such plans in a format maintained by the Registrant shall be provided at no cost to the CITY. The plans shall be in a digitized format showing the two-dimensional location of the Facilities based on the CITY's Geographical Database, or other format acceptable to the CITY. The CITY shall maintain the confidentiality of such plans and any other information provided in accordance with Section 202.195, Florida Statutes (2000), as it may be amended. 18. The CITY reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the CITY in Public Rights-of-Way occupied by the Registrant. Registrant shall, if Registrant so agrees, allow CITY facilities to be co-located within CITY's Public Rights-of-Way through the use of a joint trench during Registrant's construction project. Such joint trench C:\WINDOWS\TEMP~BB FLC - Mdl Co.m.~cams Rghts-of-Wy Ord 060101cln.doc -16- 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 projects shall be negotiated in good faith by separate agreement between Registrant and CITY and may be subjected to other CITY fights-of-way requirements. The CITY further reserves~ without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation, or width of the Public Rights-of-Way within the limits of the CITY and within said limits as same may from time to time be altered. 19. A Registrant shall,, on the request of any Person holding a permit issued by the CITY, temporarily raise or lower its Communications Facilities to permit the work authorized by the permit. The expense of such temporary raising or lowering of Facihties shall be paid by the Person requesting the same, and the Registrant shall have the authority to require such payment in advance. The Registrant shall be given not less than thirty (30) days advance written notice to arrange for such temporary relocation. If CITY requests a temporary raising or lowering of a Facility for a public purpose, CITY shall not be charged for the temporary raising or lowering of the Facility. Section 9 - Suspension of Permits 1. Subject to Section 10 below, the Director of Engineering, or his designee may suspend a permit for work in the Public Rights-of-Way for one or more of the following reasons: a. Failure to satisfy permit conditions, including conditions set forth.in this Ordinance or other applicable CITY ordinances, codes or regulations governing placement or maintenance of Communications Facilities in Public Rights-of-Way, including without limitation, failure to take reasonable safety precautions to alert the public of work at the work site, or to restore any Public Rights-of-Way; b. misrepresentation permit application to the CITY; by the CITY; or fraud by Registrant in a Registration or failure to properly renew or ineffectiveness of Registra_tion; failure to relocate or remove Facilities as may be lawfully required C:\WFNDOWS\TEMP~BB FLC - Mdl Co.m~catns Rghts-of-Wy Ord 060101cln.doc -17- 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 days. failure to commence work within 180 days of securing permit; or abandonment of project or suspension of work for more than 180 2. After the SuSpension of a permit Pursuant to this sectioni the Director of Engineering or his designee shall provide written notice of the reason for the suspension to the Registrant. Section 10 - Aooeals 1. Final, written decisions of theDirector of Engineering, or his designee, suspending or denying a permit, denying an application for a Registration or denying an application for renewal of a Registration are subject to appeal, as set forth in Chapter 1, Article VII, of the CITY's Land Development Regulations, as amended. 2. Nothing in this Ordinance shall effect the remedies the CITY has available under applicable law. Section 11 - Conditional Use of Public Rights-of-Way 1. In the event Registrant desires to use its existing Facilities or to construct new facilities for the purpose of providing other utility or non-utility services to existing or potential consumers or resellers, by providing any other services other than the provision of Communications Service, or for providing any other use to existing or potential consumers, a Registrant shall seek such additional and separate authorization from CITY for such activities as may be required by applicable law. 2. To the extent that a Registrant leases or otherwise uses the facilities of a Person that is duly registered or otherwise authorized to place or maintain facilities in the Public Rights-of-Way of the CITY, Registrant shall make no claim, nor assert any right, which will impede the lawful exercise of the CITY's rights, including requiting the removal of such facilities from the Public Rights-of-Way of the CITY, regardless of the effect on Registrant's ability to place or maintain its own Communications Facilities in Public Rights-of-Way of the CITY. C:\WINDOWS\TEMPkBB FLC - Mdl Conmmcatns Rghts-of-Wy Ord 060101cln.doc -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 12 - Involuntary, Termination of Registration 1. The CITY may terminate a Registration if: (a) a Federal or State authority suspends, denies, or revokes a Registrant's certification or license to provide Communications Services; (b) the Registrant's placement or maintenance of a Communications Facility in the Public Rights-of-Way presents an extraordinary danger to the general public or other users of the Public Rights-of-Way and the Registrant fails to remedy the danger promptly after receipt of written notice; or (c) the Registrant ceases to use all of its Communications Facilities in Public Rights-of-Way and has not complied with Section 19 of this Ordinance. 2. Prior to termination, the Registrant shall be notified by theDireetor of Engineering, or his designee, with a written notice setting forth all matters pertinent to the proposed termination action, including which of (a) through (c) above is applicable as the reason therefore, and describing the proposed action of the CITY with respect thereto. The Registrant shall have thirty (30) days after receipt of such notice within which to address or eliminate the reason or within which to present a plan, satisfactory to the Director of Engineering, or his designee, to accomplish the same. If the plan is rejected, the Director of Engineering, or his designee, shall provide written notice of such rejection to the Registrant and shall make a recommendation to the CITY Commission regarding a final decision as to termination of Registration. A decision by the CITY to terminate a Registration may only be accomplished by an action of the CITY Commission. A Registrant shall be notified by written notice of any decision by the CITY Commission to terminate its Registration. Such written notice shall be sent within seven (7) days after the decision: 3. In the event of termination, the former Registrant shall: (a) notify the CITY of the assumption or anticipated assumption by another Registrant of ownership of the Registrant's Communications Facilities in Public Rights-of-Wa3r, or (b) provide the CITY with an.acceptable plan for disposition of its Communications Facilities in Public Rights- C:\WINDOWS\TEMP~BB FLC -Mdl Con-a~cams Rghts-o~'-Wy Ord 060101 cln.doe - 19- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 of-Way. If a Registrant fails to comply with this subsection 3., the CITY may exercise any remedies or rights it has at l~w or in equity, including but not limiting to taking possession of the Facilities, requiring the Registrant's bonding company within 90 days of the termination to remove some or all of the Facilities 'from the Public Rights-of-Way and restore the Public Rights-of-Way to its original condition before the removal, or requiring that some or all of the Facilities be removed and the Public Rights-of-Way restored to its original condition before the removal at the Registrant's expense. 4. In any event, a terminated Registrant shall take such steps as are necessary to render every portion of the Communications Facilities remaining in the Public Rights- of-Way of the CITY safe. 5. In the event of termination of a Registration, this provision does not permit the CITY to cause the removal of any Communications Facilities that are used to provide another service for which the Registrant holds a valid certification or license with ~e governing Federal or State agency, where required, and is properly registered with the CITY for such certificated or licensed service, where required. Section 13 - Existing 'Communications Facilities in Public Rights-of-Way A Communications Services Provider with an existing Communications Facility in the Public Rights-of-Way of the CITY has sixty (60) days from the Effective Date of this Ordinance to comply with the terms of this Ordinance, including, but not limited to, Registration, or be in violation thereof. Section 14 - Insurance 1. A Registrant shall not commence construction, operation or maintenance of the Facility without obtaining all insurance required under this section and approval of t such insurance by Risk Management of the CITY, nor shall a Registrant allow any contractor or subcontractor to commence work on its contract or sub-contract until all similar such insurance required of the same has been obtained and approved. The required C:\WINDOWS\TEMPXBB FLC - Mdl Comnmcams Rghts-of-Wy Ord 060101eln.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 insurance must be obtained and maintained for the entire period the Registrant has Facilities in the Public Rights-of-Way, and for a period thereafter as specified in the minimum coverages described below. If the Registrant, its contractors or subcontractors do not have the required insurance, the CITY may order such entities to stop operations until the insurance is obtained and approved. 2. Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the Risk Manager Coordinator. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. For entities that have facilities in the Public Rights-of-Way as of the Effective Date of this chapter, the certificate shall be filed within sixty (60) calendar days of the adoption of this chapter, annually thereafter, and as provided below in the event of a lapse in coverage. 3. These certificates of insurance shall contain a provision that coverages afforded under these policies will not be canceled until at least forty-five (45) calendar days prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Financial Ratings must be no less than "A-VI" in the latest edition of "Bests Key Rating Guide", published by A.M. Best Guide. A Registrant may self-insure. Self insured status must be confirmed with certification of same by presentation of financial statements which are not more than one (1) year old and signed by the Registrant's Chief Financial Officer or designee. Information contained therein is subject to review and approval by CITY's Risk Management Division. 5. In the event that the insurance certificate provided indicates that the insurance shall terminate, or lapse during the period of this contract, then in that event, the Registrant shall furnish, at least thirty (30) calendar days prior to the expiration of the date of such insurance, a renewed certificate of insurance of equal and like coverage. 6. A Registrant and its contractors or subcontractors engaged in work on the C:\WrNDOWS\TEMP~BB FLC - Mdl Conmmcams Rghts-of-W~y Ord 060101cln.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 operator's behalf in, on, under or over Public Rights-of-Way, shall maintain 'the following minimUm insurance: 1. COMPREHENSIVE GENERAL LIABILITY insurance to cover liability bodily injury and propertY damage. Exposures to be covered are: premises, operations, products/completed operations, and certain Contracts. C°Verage must be written on an occurrence basis, with the following limits of liability: a. Bodily Injury i. Each Occurrence $1,000,000 ii. Annual Aggregate 3,000,000 b. Property Damage i. Each Occurrence $1,000,000 ii. Annual Aggregate 3,000,000 c. Personal Injury Annual Aggregate $3,000,000 d. Completed Operations and Products Liability shall be maintained for two (2) years after the abandonment of the Facility by the Registrant (in the case of the Registrant) or completion of the work for the Registrant (in the case of a contractor or subcontractor). e. Property Damage Liability Insurance shall include Coverage for the folloWing hazards: X - explosion, C - Collapse, U - underground. 2. WORKERS' COMPENSATION insurance shall be maintained to comply with statutory limits for all employees, and in the case any work is sublet, each Registrant shall require the Subcontractors similarly to provide Workers' Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by each Registrant. Each Registrant and its contractors and subcontractors shall maintain Employers Liability Insurance. The following limits must be 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 b. Employer's Liability $ 500,000 per occurrence 3. COMPREHENSIVE AUTO LIABILITY a. Bodily Injury i. Each Occurrence $1,000,000 ii. Annual Aggregate 3,000,000 b. Property Damage i. Each Occurrence $1,000,000 ii. Annual Aggregate 3,000,000 Coverage shall include owned, hired and non-owned vehicles. 7. Each communications facility operator shall hold the CITY, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of its construction, operation or repair of its communications facility and name the CITY as an additional insured. 8. This Section shall not be construed to affect in any way the CITY's fights, privileges and immunities as set forth in Section 768.28, Florida Statutes. Insurance under this Section shall mn continuously with the presence of the Registrant's Facilities in the Public Rights-of-Way and any termination or lapse of such insurance shall be a violation of this Section and subject to the remedies as set forth herein. Notwithstanding the foregoing, the CITY may, in its sole discretion, require increased or decreased levels of insurance for any other object placed in the CITY's Public Rights-of-Way by way of individual license agreements Seetion 15 - lndemnffieation 1. A Registrant shall, at its sole cost and expense, indemnify, hold harmless, and defend the CITY, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses incurred by the CITY arising out of the placement or C:\WINDOWS\TEMP~BB FLC - Mdl Con~a~,cams Rghts-of-Wy Ord 06010tcln.doc - 23 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 maintenance of its Communications System or Facilities in Public Rights-of-Way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this Ordinance, provided, however, that a Registrant's obligation hereunder shall not extend to any claims caused by the gross negligence or wanton or willful acts of the CITY. This provision includes, but is not limited to, the CITY's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings. CITY agrees to notify the Registrant, in writing, within a reasonable time of CITY receiving notice, of any issue it determines may require indemnification. Nothing in this Section shall prohibit the CITY from participating in the defense of any litigation by its own counsel and at its own cost if in the CITY's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this Section shall be construed or interpreted: (a) as denying to either party any remedy or defense available to such party under the laws of the State of. Florida; (b) as consent by the CITY to be sued; or (c) as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes (2000), as it may be amended. 2. The indemnification requirements shall survive and be in effect after the termination or cancellation of a Registration. Section 16 - Construction Bond 1. Prior to issuing a permit where the wOrk under the permit will require restoration of Public Rights-of-Way, CITY may require a construction bond to secure the restoration of the Public Rights-of-Way. Notwithstanding the foregoing, a construction bond hereunder shall only be required to the extent that the cost of the restoration exceeds the amount recoverable against the Security Fund as provided in Section 17. 2. In the event a Registrant subject to such a construction bond fails to C:\WINDOWS\TEMPXBB FLC - Mdl Comnmcams Rghts-of-Wy Ord. 060101cln.doe - 24 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 complete the work in a safe, timely and competent manner in accordance with the provisions of the permit, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the'CITY as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Registrant, or the cost of Completing the work, plus a reasonable allowance for attorney's fees, up to the full amountof the bond. 3. No less than twelve (12) months after completion of the construction and satisfaction of all obligations in accordance with the bond, the Registrant may request the Director of Engineering to remove the requirement to continue the construction bond. Notwithstanding, the CITY may require a new bond for any subsequent work performed in the Public Rights-of-Way. 4. The construction bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the CITY Attorney; and shall provide that: "This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the CITY, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew." 5. The rights reserved by the CITY with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the CITY may have under this Section, or at law or equity, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the CITY may have. Section 17 - Security Fund At or prior to the time a Registrant receives its fu'st permit to place or maintain a Communications Facility in Public Rights-of-Way after the effective date of this C:\WINDOWS\TEMP~BB FLC -Mdl Con-aaa~cams Rghts-of-Wy Ord 060101cln.doc - 25 - ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Ordinance, the Registrant may be required to file with the CITY, for CITY approval, an annual bond, cash deposit or irrevocable letter of credit in the sum of Twenty-Five Thousand Dollars ($25,000) having as a surety a company qualified to do business in the State of Florida, and acceptable to the CITY, which shall be referred to as the "Security Fund." The Security Fund shall be~conditioned on the full and faithful performance by the Registrant of all requirements, duties and obligations imposed upon Registrant by the provisions of this Ordinance. The bond or guarantee shall be furnished annually or as frequently as necessary to provide a continuing guarantee of the Registrant's full and faithful performance at all times. In the event a Registrant fails to perform its duties and obligations imposed upon the Registrant by the provisions of this Ordinance, subject to the provisions of Section 17 of this Ordinance, there shall be recoverable, jointly and' sev~erally from the principal and surety of the bond, any damages or loss suffered by the CITY as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Registrant, plus a reasonable allowance for attorneys' fees, up to the full amount of the Security Fund. The CITY may at its reasonable discretion accept a corporate guarantee of the Registrant or its parent company, if the Registrant is a publicly traded company and maintains an insurance rating of no less than A. Section 18 - Eaforeement Remedies 1. A Registrant's failure to comply with provisions of this Ordinance shall constitute a violation of this Ordinance and shall subject the Registrant to the code enforcement provisions and procedures as provided in Chapter 162, Florida Statutes (2000), Section 166.0415, Florida Statutes (2000) and Section 2-72, et.seq, of the City Code of Ordinances, as they may be amendedi In addition, violation of this Ordinance C:\WINDOWS\TEMP~BB FLC -Mdl Commncalns Rghts-of-Wy Ord 060101tin.doc - 26 - 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 may be punishable by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days or by both as provided. 2. In addition to any other remedies available at law, including but not limited to Section 166.0415, Florida Statutes, and Chapter 162, Florida Statutes, or equity or'as provided in this Ordinance, the CITY may apply any one or combination of the following remedies in the event a Registrant violates this Ordinance, or applicable local law or order related to the Public Rights-of-Way: (a) Failure to comply with the provisions of the Ordinance or other law applicable to occupants of the Public Rights-of-Way, may result in imposition of penalties to be paid by the Registrant to the CITY in an amount of not less than One Hundred Dollars ($100.00) per day or part thereof that the violation continues. (b) In addition to or instead of any other remedy, the CITY may seek legal or equitable relief from any court of competent jurisdiction. Before imposing a fine pursuant to subsection 2(a) of this Section, the CITY shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the Registrant shall have thirty (30) days to either: (a) cure the violation to the CITY's satisfaction and the CITY shall make good faith reasonable efforts to assist in resolving the violation; or (b) file an appeal with the CITY to contest the alleged violation. Section 10 of this Ordinance shall govern such appeal. If no appeal is filed and if the violation is not cured within the thirty (30) day period, the CITY may collect all fines owed, beginning with the first day of the violation, through any means allowed by law. 5. In determining which remedy or remedies are appropriate, the CITY shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the CITY determines are appropriate to the public interest. 6. Failure of the CITY to enforce any requirements of this Ordinance shall not C:\WINDOWS\TEMP'~BB FLC - Mdl Co,~,~,a~cams Rghts,ofoWy Ord 060101cln.doc - 27 - 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 constitute a waiver of the CITY's fight to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. 7. In any proceeding before the CITY where there exists an issue with respect to a Registrant's performance of its obligations pursuant to this Ordinance, the Registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms and conditions of this Ordinance. The CITY may find a Registrant that does not demonstrate compliance with the terms and conditions of this Ordinance in default and apply any one or combination of the remedies otherwise authorized by this Ordinance. 8. The CITY Manager or designee shall be responsible for administration and enforcement of this Ordinance, and is authorized to give any notice required bY law. Section 19 -Abandonment of a Communications Facility. 1. Upon Abandonment of a Communications Facility owned by a Registrant in Public Rights-of-Way, the Registrant shall notify the CITY within ninety (90) days. 2. The CITY may direct the Registrant to remove all or any portion of such Abandoned Facility at the Registrant's sole expense if the CITY determines that the Abandoned Facility's presence interferes with the public health, safety or welfare, which shall include, but is not limited to: (a) compromises safety at any time for any Public Rights-of-Way user or during construction or maintenance in Public Rights-of-Way; (b) prevents another Person from locating facilities in the area of Public Rights-of-Way where the Abandoned Facility is located when other alternative locations are not reasonably available; or (e) creates a maintenance condition that is disruptive to the Public Rights-of- Way's use. In the event of (b), the CITY may require the third Person to coordinate with the Registrant that owns the existing Facility for joint removal and placement, where agreed to by the Registrant. C:\WINDOWS\TEMPXBB FIE - Mdl Co,c~a~catns Rghta-of-Wy OM 060101cln.doc - 28 - 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 3. In the event that the CITY does not direct the removal of the Abandoned Facility, the Registrant, by its notice of Abandonment to the CITY, shall be deemed to consent to the alteration or removal of all or any portion of the Facility by the CITY, another utility or Person at such third party's cost. 4. If the Registrant fails to remove all or any portion of an Abandoned Facility as directed by the CITY within a reasonable time period as may be required by the CITY under the circumstances, the CITY may perform such removal and charge the cost of the removal against the Registrant. Section 20 - Force Maieure In the event a Registrant's performance of or compliance with any of the provisions of this Ordinance is prevented by a cause or event not within the Registrant's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result, provided, however, that such Registrant uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this Ordinance, causes or events not within a Registrant's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, dots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. control, and thus not falling within this Section, Causes or events within Registrant's shall include, without limitation, Registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of Registrant's directors, officers, employees, contractors or agents. C:\WINDOWS\TEMP~B FLC -Mdl Co~.~a~¢ams Rghts-of-Wy Ord.060101cln.doc - :29 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 21 - Reports and Records. 1. Each Registrant shall, upon thirty (30) calendar days written notice, if reasonably possible, but in no event less than five (5) business days written notice, provide the CITY access to all books and records related to the construction, maintenance, or repair of the Facility to the extent the City review of the books and records is necessary to manage its rights-of-way. 2. Any and all non-proprietary or non-confidential books and records may be copied by the CITY. To the maximum extent permitted by Section 202.195, Florida Statutes, as amended, such books and records shall be kept confidential and exempt fi:om the provisions of Section 119.07(1), Florida Statutes. A Registrant is responsible for obtaining or maintaining the necessary possession or control of all books and records related to the construction, maintenance or repair of the Facility, so that it can produce the documents upon request. Books and records must be maintained for a period of five (5) years, except that any record that is a public record must be maintained for the period required by state law. 3. For purposes Of this section, the terms "books and records" shall be read expansively to include information in whatever format stored. Books and records requested shall be produced to the CITY at City Hall, except by agreement. 4. If any books and records are too voluminous, or for security reasons cannot be copied and moved, then a Registrant may request that the inspection take place at some other location mutually agreed to by the CITY and the Registrant, provided that the Registrant must make necessary arrangements for copying documents selected by the CITY after its review; and the Registrant must pay all travel and additional copying C:\WINDOWS\TEMP~BB FLC - Mdl Co,~-a~cams Rghts-of-Wy Ord :060101¢ln.doc - 30- 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 expenses incurred by the CITY in inspecting those documents or having those documents inspected by its designee. 5. Without limiting the foregoing, a Registrant shall provide the CITY the following within ten (10) calendar days of their receipt or (in the case of documents created by the Registrant or its affiliate) filing: 1) notices of deficiency or forfeiture related to the operation of the Facility; and 2) copies of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the operator or by any partnership or corporation that owns or controls the operator directly or indirectly. 6. In addition, the CITY may, at its option, and upon reasonable notice to the ' Registrant, inspect the Facilities in the Public Rights-of-Way to ensure the safety of its residents. Section 22 - Reservation of Rights and Remedies 1. The CITY reserves the right to amend this Ordinance as it shall find necessary in the lawful exercise of its police powers. 2. This Ordinance shall be applicable to all Communications Facilities placed in the Public Rights-of-Way on or after the effective date of this Ordinance and shall apply to all existing Communications Facilities in the Public Rights-of-Way prior to the effective date of this Ordinance, to the full extent permitted by State and Federal law. 3. The adoption of this Ordinance is not intended to waive any rights or defenses the CITY may have under any existing franchise, license or other agreements with a Communications Services Provider. 4. Nothing in this Ordinance shall affect the remedies the CITY has available under applicable law.. C:\WINDOWS'~TEMPkBB FLC - Mdl Conm~cams Rghts-of-Wy Ord 060101tin.doc -31 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O Section 23 - Inclusion in Code It is the intention of the CITY Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 24 - Conflicting Ordinances All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 25 - Severability The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance but shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section - 26 Effective Date This Ordinance shall be effective immediately upon passage and adoption. FIRST READING this /qJ~y of ~ ,2001. \\CHXMAINkSHRDATA\CA~DRD~Administmtive~BB FLC - Mdl Comrmacams Rghts-of-Wy Ord 060101cln.doc - 3:2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 SECOND, FINAL ., 2001. READING and PASSAGE this CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: CITY CLERK (CORPORATE SEAL) Commissioner Commissioner Commissioner \\C~MAIN~ HRDATA\CA\ORDXAdministrative~BB FLC -Mdl Commncams Rghts-of-Wy Ord 060101eln.doc - 33 - day of XI-LEGAL ITEM A.4 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 Requested City Commission Meeting Dates Date Final Form Must be Turned ~n to Cit~ Clerk's Office [] March 20, 2001 March 7, 2001 (5:00 p.m.) [] May 15, 2001 May 2, 2001 (5:00 p.m.) [] April 3, 2001 March 21, 2001 (5:00 p.m.) [] June 5, 2001 May 16, 2001 (5:00 p.m0 [] Apffi 17, 2001 Apdl 4, 2001 (5:00 p.m.) [] June 19, 2001 June 6, 2001 (5:00 p.m.) [] May 1,2001 NATURE OF AGENDA ITEM April 18,2001 (5:00p.m.) [] [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report July 3, 2001 June 20, 2001 (5:00 p.m.) [] Development Plans [] New Business ~ ~mc~ [] Legal ~ U~shed Bus.ess ~ Presentation RECOMMENDATION: Please place this request on the July 3, 2001 City Commission Agenda under Legal, Ordinances- Second Reading. Staffrecommends that this ordinance be approved, which has been revised pursuant to Commission directives to align the fee schedule with the City's fiscal calendar. This ordinance will initiate a '~parking in lieu of" program for the downtown, beginning with an incentive period to encourage investment and redevelopment/reuse of downtown properties. EXPLANATION: Pursuant to the provisions in chaPter 2. Zoning, Section 6.E.7(g), and consistent with recommendations from both the Downtown Shared Parking Study and Federal Highway Corridor Community Redevelopment Plan, staff has drafted the attached ordinance. The above-referenced provisions within the city's regulations were adopted in preparation for the ultimate incorporation of this fee option and related provisions. With the completion of the Shared Parking Study and Corridor Plan, and in response to the need for economic development tools to encourage investment and redevelopment within the downtown, it is time to incorporate the proposed amendments into the city's regulations. The proposed changes are timely with respect to the implementation of the Shared Parldng Study and Federal Highway Corridor Community Redevelopment Plan; however, staffhas drafted the regulations to also apply to the Ocean Avenue corridor. Although such regulations typically follow, and are supported by, applicable recommendations, they are being proposed in advance of the Ocean District Study to address current redevelopment needs and oppommities. Aspects of, and incentives within~ the proposed fee-in-lieu-of regulations are summarized as follows: 1) The amendments include a gradually increasing fee per parking space beginning with a no-fee incentive period of approximately six (6) months, and a fee that would peak at $7,000 per space m approximately seven (7) years; 2) Changes in use of an existing property are not subject to parking space or lot requirements; 3) Building square footage to be excluded from the Calculation of parking needs includes, in part, space not accessible by the general public to prevent further burden presented by portions of buildings that cannot be upgraded to conform to Building/ADA codes due to being cost prohibitive; 4) Minor project expansions are exempt from parking space and lot requirements, or depending upon the magnitude of increase (less than 5%), only the new building area is subject to parking space regulations in order to allow minor retrofitting of older structures to accommodate minimal needs. S:~,BULLETINWORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH Staff recommends that this ordinance city regulations. Staff acknowledges ~ acknowledges tha~: the changes and incentives benefits out weigh the associated costs, relatively active and vibrant downtown. regulations will be regularly monitored and characteristic, and costs , however, staff also that the indirect and tong-term ' of Delray Beach which now has a It should be noted, that at its workshop on Saturday June 9, 200[, the Board of the Community Redevelopment Agency reviewed the proposed Fee in Lieu Parking Ordinance. Pursuant to this review it was the consensus of the board that the rate structure and its application needed to be formally discussed at its meeting on Tuesday, June 12. Among the areas the board generally apply to all parking spaces or simply to a portion of the spaces the board members were in general agreement that the revised fee structure would provide for $ 0 fee the first year, and top out at $10,000 in the fifth year. · or not the fee in lieu principle should vas otherwise required to provide. In addition ordinance needed m be revised. This third year, $7,000 the fourth PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager s S~gna e Director of Planning a~d~Zo~ng City Attorney / Finance / Human Resources SSPlanningXSHARED\WP~PECPROYxRegulations~Parking - reductions'u~genda Item Request 2nd reading 7-3, 2001.dot S:\BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- 3~) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 2. "ZONING", SECTION 6. E.7.g. "PAYMENT IN LIEU OF PARKING" AND SECTION 11. I. "LOCATION OF OFF-STREET PARKING SPACES", TO AMEND THE "PAYMENT IN LIEU OF PARKING" PROGRAM FOR THE CENTRAL BUSINESS DISTRICT ZONING~ DISTRICT AND TO ALLOW A "PAYMENT IN LIEU OF PARKING" PROGRAM FOR OCEAN AVENUE EXTENDING WEST FROM THE CENTRAL BUSINESS DISTRICT TO SEACREST BOULEVARD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION' AND AN EFFECTIVE DATE. WHEREAS, the City's Land Development Regulations establish zoning districts within the City and among other things, regulations designed to lessen congestion in the. streets and facilitate the adequate provision of parking spaces; and WHEREAS, Chapter 2. "Zoning", Section 6.E.7.g. provides for the establishment of a payment in lieu of parking option for developments within the Central Business District and the city now desires to establish a formula for determining a specific fee when a property owner cannot effectively, efficiently, or economically provide for all onsite parking requirements; and WHEREAS, the City Attorney has recommended adoption of a payment in lieu of larking payment schedule by Ordinance rather than by Resolution; and WHEREAS, it is anticipated that future development within downtown Boynton leach will increase the demand upon an already limited supply of on-and off-street public parking resources which serves the downtown area; and WHEREAS, the City Commission heretofore authorized a Shared Parking Study for the downtown, which contained recommendations for the revision to applicable parking requirements including the establishment of a payment in lieu of parking option; and WHEREAS, compliance with the City of Boynton Beach parking space and lot regulations may not be feasible for older properties and therefore discourage desirable development and redevelopment of underutilized properties in the downtown area; NOW THEREFORE, BE IT ORDAINED BY THE CI~ COMMISSION Section 1. The foregoing whereas Clauses are true and correct and are now Chapter 2. "Zoning" of the Land Development Regulations, subsection Section 2. 6. E.7.g. (1) is hereby amended to read as follows: (1) When the community redevelopment agency finds that .the property owner seeking an expansion cannot effectively, efficiently, or economically provide for *~-~,_,~ ..~,.._.,..~.~-~*;,--~ .~..~ ,,~.~o;~'. parking required for the expansion, the community redevelopment agency may recommend to the City Commissionaeeept a payment in lieu of parking. The payment shall be based on a formula ~.u~,~.~ .... o ............. ~, ...... r:, -e,, .............. ~,; ....... g ..............t-,~, ...... as set fo in subsection 11. I. (4) of this Chapter. In approvin~ or disapproving any payment in lieu of the City Commission shall use the same criteria used by the Communi~ ~edevelopment agency as stated herein above. Section 3. Chapter 2. "Zoning" Of the Land Development Regulations, subsection 11. H. 16. is hereby amended to read as follows: 16. Except as provided for in Subsection I. (4) below, there shall be provided, at the time of erection of any structure... Section 4. Chapter 2. "Zoning" of the' Land Development Regulations, Section 11. I. is amended to create a new subsection (4) to read as follows: (4) The payment in lieu of parking option is applicable within the Central Business District (hereinafter CBD) or subsequent zoning districts established to supplement or replace the CBD, and properties, and property assembled with properties as one site, that front on that segment of Ocean Avenue extending west from the CBD to Seacrest BouleVard. A. Within this area at the time of any building construction, expansion or modification that creates additional floor area, or except where otherwise allowed in subsection C. off-street parking spaces shall be provided as reqUired by Chapter 2, "Zoning" Section 11. H. and Section 6. E. B. The area measured for purposes of this subsection shall only include the floor m:ea designed primarily for public use, and excluded floor area for bathrooms, service and food preparation staff, outdoor waiting areas, space limited to storage, and areas uninhabitable due to building code requirements or other limitations. C. Minor building expansions equal to or less than two parking spaces shall be excluded fi.om the requirements described in subsection A. above, and for minor improvements that exceed the two-space limit but less than 5% of the total area of existing improvements, only the increase in building area shall be subject to the parking space requirements of subsection A. above and subsection E. below. D. Existing parking spaces shall not be eliminated if elimination would result in fewer spaces being provided for the existing ornew floor area than required pursuant to subsection A. above. . E. The ~parking requirement set forth in this subsection may be parking improvement fee in lieu..of the 'provision of all, or a portion of the required off-street parking spaces. Parking improvement fees shall be assessed as follows: $0 per space $1,000 per space $2,000 per space $3,000 per space $4,000 per space $5,000 per space $6,000 pet space $7,000 per space Up to September 30, 2002 between October 1,2002 and September 30, 2003 between October 1, 2003 and September 30, 2004 between October 1, 2004 and september 30, 2005 between October 1, 2005 and September 30, 2006 between October 1, 2006 and September 30, 2007 between October It 2007 and September 30, 2008 after October 1, 2008 The parking improvement fee shall be due and payable in full at the time that the first building permit is issued for the construction, expansion, or modification that creates the need for parking spaces or for additional parking spaces, and in no event later than the time a certificate of occupancy or occupational license is issued for 'the building or use subject to this Section. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the City for parking related improvements in the geographic area to which subsection (4) applies. Section 5. All ordinances and resolutions of the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 6. Should any section or provision of this Ordinance or any portion t Ithere°fbe declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. · Section 7. Section 8. Authority is hereby given to codify this Ordinance This Ordinance shall become effective immediately. FIRST READING this ]q '/~ day of June, 2001. SECOND, FINAL READING AND PASSAGE this day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk LAP:is/Imf H:\1990'000182.BB'~ORD~Fee in lieu.doc Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17,2001 [] May 1,2001 XI. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR v Requested City Commission Meetina Dates [] May 15,2001 [] June 5, 2001 ~ June 19, 2001 July 3, 2001 Date Final Form Must be Turned in to City Clerk's Office March 7, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) April 4; 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) LEGAL A. 5 Date Final Form Must be Turned ~n to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report [] Development Plans [] New Busmess [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Approval of amendment to Ordinance 96-46 providing for economic incentives in the Community Redevelopment Area (CRA). Approval by Ordinance is required. EXPLANATION: Staff has discussed possible amendments to Ordinance 9646. The ordinance attached makes modifications to the previous ordinance m line with these discussions. Major change in ordinance is a new provision for fee deferral. PROGRAM IMPACT: Existing program FISCAL IMPACT: Will depend on application of ordinance to specific proposals. The City Commission will review applications based on review of City Manager. ALTERNATIVES: Do not approve ordinance and stay with current provisions of Ord. 9646. Deparunent Head's Signature - tx ' ~t~ Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE 01- ,~[ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PROVIDES FOR ECONOMIC DEVELOPMENT INCENTWES IN THE COMMUNITY REDEVELOPMENT AREA IN ~ TO PROVIDE FOR THE DEFERRAL OF OF CERT~ FEES IN ADDITION TO: WAIVER OF CERTAIN FEES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission by Ordinance 96-46 created economic incentives ~ Stimulate economic growth within the Community Redevelopment Area; and WHEREAS, the City administration has recommended modification of the economic incentive program to attract and sustain economic growth in the Community Redevelopment Area; and WHEREAS, such economic growth aids the City and is a benefit to the pul~lic it provides jobs for the residents of the City, increases the ad valorem tax base of the City, and provides income for residents of the City that will be spent within the corporate limits of the City thus supporting and benefiting other businesses within the City; and WHEREAS, it is particularly appropriate that economic development be targeted for the Community Redevelopment Area of the City to facilitate the Community Redevelopment Plan as revised; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE OF BOYNTON BEACH, FLORIDA THAT: Section 1. The recitals set forth above are hereby adopted and incorporated by reference herein to the same extent as if set forth here in full. Section 2. Section 1. of Ordinance 96-46 is hereby amended to read as follows: Section 1. Findings. (79) The City Commission does hereby find that it is necessary and appropriate in the public interest that certain incentives in the form of fee reductions or waivers be 9rovided for new businesses locating within the Community Redevelopment Area in order to 9romote economic growth, to expand the ad valorem tax base, to increase job opportunities Cor all citizens of the City, and to improve the economic condition of the City and its residents ~nd citizens. ~45)~ The City Commission does hereby find that the creation and use of such !ncentives and their application to certain business in the Community Redevelopment Area is in the public interest and furthers a public purpose. (c-)~_ The City Commission does hereby find that the economic incentives 'ontemplated by this Ordinance are consistent with the goals, objectives and principles of the Community Redevelopment Plan for the Community Redevelopment Area, as adopted by Ordinanc~ 90-21 enacted On August 7, '1990, and ab ex ,anded by Ordinance No 0 O0-S9 (the "Community Redevelopment Plan"), and such incentives further the, purposes of the Community Redevelopment Plan, and are intended to promote and encourage private enterprise within the Community Redevelopment Area as contemplated and provided by Part [II, Chapter 163, Florida Statutes~ Section .3~ Section 2..of Ordinance 96-46 is hereby amended to read as follows: Section 2. Eligible Business. The determine that the economic development incentives Ordinance shall on4y-be granted to: City Commission does hereby created and established by this (a) a business now located in the Community Redevelopment Area which is improving or enlarging its place of business within the Community Redevelopment Area or~ (b) a business locating a new place of business within the Community Redevelopment Area. Any business satisfying the conditions of this Section 2 is hereinafter referred to as an Eligible Business, which may, in its discretion, ftle an application with the City as provided below requesting one or more of the economic incentives established by this Ordinance ~ubject to the review, discretion and approval of the City Commission. Nothing in this )rdinance is intended or should be construed or applied as creating or granting any vested ight in any Eligible Business to be entitled to any or all of the economic incentives established by this Ordinance not that there is any obligation or duty on the part of the City or the City Commission to consider, approve, grant or Provide any or all of the economic incentives established by this Ordinance to any person, including an Eligible Business. Section 4. Section 3. of ordinance 96-46 is hereby amended to read as follows: Section 3. Waiver or Deferral o_f City Impact Fees. Upon an application from ~n Eligible Business and recommendation of the City Manager as provided in Section 6 below the City Commission may, in its discretion and subject to such conditions as it may of this new [Section. 5. SectiOn 4 of Ordinance 96~46 is hereby amended to read as follows: from ~ Section 6 as it may or Area means Section 6. If any part of this Ordinance is determined to be invalid or illegal, then the remaining portion shall not be affected by such determination and shall remain in full force Section 7. This Ordinance shall become effective immediately upon its enactment by the City Commission. FIRST READING this { q day of June, 2001. SECOND, FINAL READING AND PASSAGE this day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk Commissioner Commissioner LAP/Imf H:\1990X900182.BB\ORDkIncentives Amended CRA061101 .doc 6/14/01 Requested City Commission Meetina Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1,2001 NATURE OF AGENDA ITEM ' Xi. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM LEGAL A. 6 Date Final Form Mustbe Turned Requested City Commission Date Final Form Must be Turned in t9 City Cl~rk's Office Meetma Dates in to CRv Clerk's Office. March 7, 200l (5:00 p.m.) [] May 15, 200l May 2, 2001 (5:00 p.m.) March 21, 2001 (5:00 p.m.) [] June 5, 2001 May 16, 2001 (5:00 p.m.) June 19, 2001 June 6, 2001 (5:00 p.m.) April 4, 2001 (5:00 p.m.) -- April 18, 2001 (5:00 p.m.) ~J~ July 3, 2001 June 20, 2001 (5:00 p.m.) [] Administrative [] Development Plaus [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of amendment to Ordinance 96-47 providing for economic incentives in the planned Industrial Development District (PID). Approval by Ordinance is required. EXPLANATION: Staffhas discussed possible amendments to Ordinance 96-47 With representatives of Quantum Realty. The ordinance attached makes modifications to the previous ordinance in line With these discussions. Major change in ordinance is a new provision for fee deferral. PROGRAM IMPACT: Existing program FISCAL IMPACT: Will depend on application of ordinance to specific proposals. The City Commission Will review applications based on review of City Manager. ALTERNATIVES: Do not approve ordinance and stay with current provisions of OrcL 96-47. Deparunent Head's Signatt~ ~ C~ty Manager s Signature Department Nam~ City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~.GENDA ITEM REQUEST FORM. DOC ORDINANCE 01- $ ~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, WHICH PROVIDES FOR INCENTIVES IN THE PLANNED INDUSTRIAL DEVELOPMENT DISTRICT TO ALLOW FOR THE PERMIT rilE WAIVER OF SUCH FEES; SEVERABILITY; PROVIDING AN EFFECTIVE WHEREAS, 'the City Commission by Ordinance 9647 created economic ncentives to stimulate economic growth within the Planned Industrial Development District (PID District); and WHEREAS,. the City administration has recommended modification of the economic incentive program to attract and sustain additional economic growth in PID Districts; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The recitals set forth above are hereby adopted and incorporated by reference herein to the same extent as if set forth here in full. Section 2. follows: Section 3 of Ordinance 96-47 is hereby amended to read as Section 3. Payment of City Impact Fees. Upon application of any Eligible Business submitted prior to the issuance of a building permit for construction of the Eligible Business' facility within the City and .upon a determination that the Eligible Business satisfies the requirements of this ordinance, the City Commission may, by ordinance and at its sole discretion, cause the City to pay from legally available funds all, or a portion of City impact fees by whatever name known that would have otherwise been paid by the Eligible Business for water and sewer service provided by the City. The City Commission may also decide to defer the payment of an,/ impact fees by the Eligible Business. For the purpose of this Section 3, "City impact fees" means a land development regulatory fee charged to a new development which creates a need for capital improvements. \\CI-i~tAiN~SHRDATA\CA\ORD~DevelopmentYlncentives Amended PID061401LP.doe Section 3. Section 4 of Ordinance 96-47 is hereby deleted in its entirety and a new Section 4 is created to read as follows: Section 4. Payment or Deferral of Building Permit Fees. Upon application of my eligible business, submitted prior to the issuance of a building permit, and upon a determination that the eligible business satisfies the requirements of this Ordinance, the Cit~ Commission may, as set forth in a Resolution: 1. Authorize payrnent on behalf of the eligible business all or part of building permit fees required by City Code; or 2. Defer payment of building permit fees for a time certain to be set forth in the body of the Resolution. For the purpose of this Secti°n 4, "Building Permit Fees" means those fees charged by the City for structural, mechanical, plumbing, gas, and electrical review and inspection. Section 4. Section 5 of Ordinance 96-47 is hereby amended to read as follows: Section 5. Fees Due if Facility Not Maintained. Notwithstanding the payment or deferral of City impact fees contemplated by Section 3 or the waiver or deferral of building permit fees contemplated by Section 4 the Eligible Business shall remain liable for and obligated to pay such fees if the Eligible Business fails to maintain the corporate headquarters or manufacturing an industrial facility in the City of fails to employ at least fifty (50) individuals at that facility for a period of three (3) years following the issuance of the certificate of occupancy for the facility. Section 5. If anY part of this Ordinance is determined to be invalid or illegal, then the remaining portion of this Ordinance shall not be affected by such determination and shall remain in full force and effect. Section6. This Ordinance shall become effective immediately upon its enactment by the City Commission. \\CHXaMAIN~ HRD ATA\CA\ORDYDevelopment~acentives Amended PID061401LP.doc Iq day of June, 2001. FINAL READING AND PASSAGE this day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor CommiSsioner Commissioner Clerk Commissioner \\CI-IXaMAI~SHRDATA\CA\ORDkDevelopmenfilncenfives Amended PID061401LP.doc XI-LEGAL ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] March 20, 2001 March 7, 2001 (5:00 p.m.) [] May 15, 2001 May 2, 2001 (5:00 p.m.) [] April 3, 2001 March 21,2001 (5:00 p.m.) [] June5, 2001 May 16, 2001 (5:00 p.m.) [] April 17, 2001 April 4, 2001 (5:00 p.m.) [] June 19, 2001 June 6, 2001 (5:00 p..m.) [] May 1,2001 April 18,2001 (5:00p.m.) [] July3, 2001 June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business Announcement Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the July 3, 2001 City Commission Agenda under Legal, Ordinances- First Reading. Staff recommends that this ordinance be approved, which is being processed along with the "fee-in lieu of" parking ordinance. This ordinance will add an exemption to the requirements of Chapter 23. Parking Lots, to coincide with the fee-in-lieu-of parking ordinance regarding changes in use and minor modifications proposed in the downtown. EXPLANATION: Similar to the justifications for the pending parking ordinance, the subject ordinance will also reduce the obligations of small redevelopment projects in the downtown with an emphasis on new businesses, or what the code defines as "change in uses". The City's Land Development Regulations currently uses a change in use activity as a trigger to applying current regulations, namely parking standards, to non-conforming properties. Although this is intended to upgrade unsightly properties, it may discourage redevelopment efforts. Similar to the emphasis placed on the parking fee ordinance, this ordinance also represents the acknowledgement that the benefits of redevelopment at this time would exceed the potential benefit to the area ifa few of the parking areas were brought up to current standards. Further, in concept, since individual parking areas are few or smaller in the downtown, as recognized by the fee-in-lieu-of ordinance, there are fewer parking areas that represent non-conformities and visual problems. It should be noted that new developments or major changes to existing properties would still be subject to all parking and landscaping standards applicable to the CRA. This regulation will also be regularly monitored and maintained to match future redeVelopment or city needs. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERnATiVES: ~-/?~t N/A D ir ~6i~,6f U~I 6~rne nt City Manager's Signature Director of Planning afl,Zoning City Attorney / Finance / Human Resources S:~PlannlngKSHARED\WP~PECPROJ'~Regulations~Parking - reducfions~Agencla Item Request 1 st reading 7-3, 2001 chapter 23.doc.dot SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O1- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 23 PARKING LOTS, ARTICLE 1, SECTION 3(A), TO CREATE FROM THE. GOVERN THE MAINTENANCE OF FOR AND AN EFFECTIVE DATE. WHEREAS, Chapter 23: of the Land Development Regulations sets forth the regulations that govern the design, construction and maintenance of parking lots within the City of Boynton Beach; and WHEREAS, Section 2 of Article 1 of Chapter 23 recognizes conditions which would exempt properties from the design, construction and maintenance requirements established by Chapter 23; and WHEREAS, the creation of a Fee-in-Lieu of parking option for the Central ~ Business District provides an additional exemption basis which warrants inclusion in the Code. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are tree and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 23, Article 1, Section 3 A, is hereby amended to add t new subsection 9 as follows: 9. When an improvement or propertg in the C~entral Business District or srhich fronts on that segment of Ocean Avenue extending west from the Central Business District to Seacrest Boulevard involves either a change in use and/or a minor ~mprovement. For the purpose of this subsection, minor improvement means minor building expansions which would otherwise generate the need for two or less parking spaces or improvements which would generate more than two additional parking spaces, but which are less than five (5%) percent of the total area of existing improvements. Section3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this day of July, 2001. SECOND, FINAL READING AND PASSAGE this day of July, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk Ca/ordinances/ldr/Amending LDR Chapter 2 zoning 0- Parking-inqieu-of061101 Requested City Commission Meeting Dates [] March 20, 2001 [] April 3, 2001 [] April 17, 2001 [] May 1, 2001 XI, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office March 7, 2001 (5:00 p.m.) March 21,200t (5:00p.m.) April 4, 2001 (5:00 p.m.) April 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] May 15, 2001 [] June 5, 2001 [] June 19, 2001 [] July 3, 2001 LEGAL D. 1 Date Final Form Must be Turned in to City Clerk's Office May 2, 2001 (5:00 p.m.) May 16, 2001 (5:00 p.m.) June 6, 2001 (5:00 p.m.) June 20, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Tiny Tikes Academy v. Ci~ of Boynton Beach CLAIMANT COUNSEL: DEFENSE COUNSEL: none none RECOMMENDATION: Approve the negotiated settlement with claimant in the amount of $11,8~.6~ EXPLANATION: On January 8, 2001, a sewer backup occurred at the claimant's location:lg 3932 Miner Road. Damage was incurred at this location. The original estimates received totalled $24,537.84~'"Thi~ was reduced to $15,542.94. Further negotiations resulted in total settlement of $11,801.65. No legal exlz~nse~: ~.t {;f~ have been inucrred. ~ PROGRAM IMPACT: Management Dept. FISCAL IMPACT: Settlement of this nature is part of the ongoing responsibilities of the Riak Settlement will be charged to the Risk Management Dept. budget expenses. Value ~s ALTERNATIVES: Failure to approve negotiated settlement will result in claim being litigated. case at trial is estimated at $45,000. Defense trial legal costs are estimated at $15,000. -City Manager's Signature RISK MANAGEMENT Department Name City Xtto~y"/~ina~ce / Human Resources CjndClaimprp/Tinyfikes01 .dot S:kBULLETINWORMSkAGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMO~DUM TO: Kurt Bressner City Manager THRU: FROM: DATE: SUBJECT: Wilfred Hawkins Assistant City Manager-Services Charles J. Magazine ~~ Risk Manager June 19, 2001 Tiny Tikes v. City of Boynton Beach Date of Loss: Januar~ 8, 2001 Risk Management recommends the City Commission ratify the: in the above stated manner. X Settlement _ Judgement RESERVES: Indemnity: $-0- Expenses: $ 15,000.00 Demand: Original: $ 24,537.84 Final: $ 24,537.84 Offer: Original: $ 11,801.65 Final: $ 11,801.65 X SETTLEMENT: $ 11,801.65 I NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: IF NOT SETTLED Projected Legal Fees: $ 2,174 Current Legal Fees: $ -0- $ 15,000 Projected Jury Verdict: $ 45,000 JUDGEMENT: $ CurrentAdjustment Fees: $ Current Legal Fees: $ CASE NARRATIVE: One January 8, 2001, a sewer backup occurred at the claimant's location at 393 Miner Road. Damage was incurred at this location. The original estiraates received totaled $24,537.84. This was reduced to $-15,542.94. Further negotiations resulted in total settlement of $11,801.65. No legal expenses have been incun'e& Settlement negotiated contingent upon City Commission approval. Cjm/ClaimprlS/Tinytikes02.doc F~C~ : PAL.LDAIJ J SRESTO~ATI ON~tqLMF/::~F.}L.H} June 14, ?~0i Estimate 903050 Page G~N]5 MONTFORT GALLAG!~R BAMM~TT, AGENCY PO BOX 18219 WEST FALM ~A~I, FL TINY TIKES ACADEMY 393 MINER KOAD BOYNTUN BP_ACM, FL Ho~s Phon~ 56! 547 0576 Work Phone MARK DORMINDY J~,. 14 2~1 l!:2]Prl DEAB GENE, RKFER~NCED P~O~I~T¥: UA MAIN ~OO~ / BACK ~OOM / HALL / UTILITY 1. REMOVE & RESET FORN~TURE 2. R & R VTNYL TILE FLOOR 3. a & R 4" VINYL BASE U£~!t. Price Ext~%sion I L.S. 2$O.OO 250.00 2!79 S.~, 4-01 8,737.79 357 L.F. Z.98 1,0~3.86 MiSCELLANeOUS 4. CLm-J~N UP AND HAUL AWAY DEBRIS Area i L.S. 2~0.00 i0,30~.~ 02 MISCELLANEOO$ MZ$CELLANEOU$ 5. PREPi%R~ DRY,AL5 & PAINT TO ~ COMPLETED BY CLAIMAMT Unit Price ~xs~n~ion 1L.$. 1,500.00 1,500.00 Arm~ Tota] 1,50D.O0 TOTAL $11,801.65 PAGL DAVIS R~$TORAT/ON OF ~AL~ ~ACH ~OU~TY (888) 314 7272 / (&61) ~78.-7772 1025 N. FLORIDA MANGO RD- 99 W~ST PALM ~F2%CM, FL -33409 F-~D( (56]) 478-9790 i,40. : ~...~1 478-85;~2 ~uno 14, 2001 ~stZma'L~ 003050 Page 2 Continued 02 MISCELLANEOUS J~,. 14 ;::~IB'I 11:24~ P3 THOMAS L. SCHENCK Dated 1025 N. FLORIDA MANGO KD. 99 W~$T ~ALM B~ACH, FL 3340~ FAX (5~1} 478-9790 <= ~ZO0 Ll~g ~g~ !~dI~;:E L -8L-g