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Agenda 09-04-01 't C~yof ,nton Beach BouleVard (561) 742-6000 City Commission AGENDA SEPTEMBER 4, 2001 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District ! Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager ;T I! ISTRICT i Visit our Web site www.ci.boynton-beach.fl.us El# 'm ~#i#i~##'~ ~it~ l#i#~ ?~r t~ ~illm#l#~ WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR CZTY N AT THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of The City Commission will not take action upon:any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and actic~n. · Consent Agenda Ttems; These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Ztems: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote; A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKZNG AT COMMzSSTON MEErZNGS: The public is encouraged to offer comment to the Commission at their meetings d~-i~g Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item hasi--~ begun. · Public Hearings: Any citizen may speak on an official agenda item- under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the ~ellow colored card. for matters .not listed on the agenda. The Mayor will call for speakers by name fro~ the yellow cards provided by the City Clerk. · Regular Age~da Ttems: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Pi.ease use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSTNG THE COMMTSSZON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to conUnue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission MeeUng is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, Boulevard, Boynton Beach. All regular meetings are held typically on the first and 100 East Boynton Beach. third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). NOTE: SPECIAL CITY COMMISSION MEETING & PUBLIC HEARING ON FIRE ASSESSMENT FOLLOWS AT 6.30 P.M. CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AT BOYNTON BEACH COMMUNITY HIGH SCHOOL AUDITOI~UM LOCATED AT QUANTUM PARK, 4975 PARK RIDGE BOULEVARD September 4, 2001 5:00 P.M. AGENDA OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rev. ZlaUc, St. Joseph's Episcopal Church Pledge of Allegiance to the Flag led by Commissioner Fisher D. IF YOU WISH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRIATE REQUEST FORM · GIVE ZT TO THE CTrY CLERK (ON THE DAIS) BEFORE THE PORT[ON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME II. HI. "OPENINGS" INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES, E. Agenda APproval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE I.ZMZTED TO 3-MINUTE PRESENTATIONS OTHER: A. Informational Items by Members of the City Commission CZ'TY OF BOYNTON BEACH AGENDA REGULAR CZI'Y COMM'zSSI'ON MEETZNG SEPTEMBER 4,, 2001. ZV. ADM/NZSTRA~E: A. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date II McCray III Ferguson Children & Youth Advisory Bd Stu/Reg/NonVoting Children & Youth Advisory Bd Stu/Reg/Voting i yr term to 4/02 I yr term to 4/02 I Weiland II McCray Bldg. Bd of Adj & Appeals Reg Bldg. Bd of Adj & Appeals Alt 3 yr term to 4/04 I yr term to 4/02 I Weiland Cemetery Board Alt i yr term to 4/02 (Tabled-3) I Weiland Code Corn pliance Board Alt 1 yr term to 4/02 (Tabled-3) Weiland Education Advisory Board Alt 1 yr term to 4/02 III IV Ferguson Golf Course Advisory Committee Alt Fisher Golf Course Advisory Committee Alt 5 yr term to 6/06 5 yr term to 6/06 V. ANNOUNCEMENTS & PRESENTAI"~ONS: A, Announcements: First Public Hearing on Budget - Wednesday, September 5, 2001 at 5:30 p.m. -.City Commission Chambers Regular City Commission Meeting & Second Public Hearing on Budget - Wednesdayf September Z9f 200Z at 6:30 p.m. - City Commission Chambers (date change due to Jewish holiday) m Oceanfront Concert Series on September 21, 2001, 6-9 p.m. at Oceanfront Park - Island Heat (Calypso/Soca) '. B. Presentations: 1. Proclamations: a. "Literacy Awareness Month" - September 2001 m Presentation by Alison Adler, Ed.D., Director of Palm Beach County Safe Schools 3. Presentation to Uttle League team by Vice Mayor Ron Weiland CZTY OF BOYNTON BEACH AGENDA REGULAR CZI'Y COMM?SS?ON MEEI'ZNG SEPTEMBER 4, 200-1 V]~. CONSENT AGENDA: Hatters 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: City Commission Meeting of August 7, 2001 2.Agenda Preview Conference of August 16, 2001 3.Special City Commission Meeting of August 17, 2001 4.Special City Commission Meeting of August 21, 2001 B. Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget 1. Approve rehabilitation of Lift Stations #601, 604, 606 and 90! at a cost of $348,946.50 based on the unit pricing awarded to Trio Development Corporation, Bid #094-2821-00:Z/C.1D; and rehabilitation of Lift station #602 at a cost of $116,385 utilizing the "piggy-back" of Broward County, Contract #N-7-00-~.62-B1, awarded to W..lackson & Sons Construction Company 2. Approve an ANNUAL CONTRACT FOR .1ANTFOR:~L SERVTCES AT THE EAST WATER TREATMENT PLANT from RESPECT OF FLOR]:DA in the amount of $15,429.11 3. Extend the ANNUAL SUPPLEMENTAL LABORATORY ANALYSTS FOR WATER, WASTEWATER, ETC., Bid #00:[-282:~-00/KR, to EnvirOdyne, :]:nc. and Spectrum Laboratories, Inc. for an additional one (1) year period, for an estimated annual expenditure of $13,000 (New Bid #096-2821-01/KR) 4. Extend the ANNUAL CONTRACT FOR MED:ICAL AND DRUG SUPPL]:ES, Bid #100-1412-00/KR, to various vendors for an additional ninety days (New Bid #095-1412-01/KR) 5. Award the bid for "COSTA BELLA DRA]:NAGE ]:MPROVEMENT5," Bid #080- 2821-01/C_..1D, in the amount of $354,792 to AKA SERV]:CES, TNC. of West Palm Beach, Florida (Proposed Resolution No. RO:1.-24S) 3 CZ'fY OF BOYNTON BEACH AGENDA REGULAR cz'rY COMMZSSZON MEE'rZNG SEPTEMBER 4~ 200:1. C. Resolutions: Proposed Resolution No. R01-246 Re: Approving full release of surety for the project known as Sunset Cay, and authorizing refund of the cash surety in the amount of $5,000 to the developer, Bovis Homes Proposed Resolution No. R01-247 Re: Approving release of the Letter of Credit for the Boynton Beach Boulevard PCD in the amount of $20,000 Proposed Resolution No. R01-248 Re: Authorizing the Mayor to execute an agreement between the City of Boynton Beach and the U.S. Department of .lustice Office to accept a Grant in the amount of $160,939 RatificaUon of Planning & Development Board Action: Kervem Swimming Pool Vadance (2522 SW 12th Street) - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning Regulations, Section 11, Supplemental Regulations, E., to place a swimming pool at four (4) feet from the rear property line in lieu of the eight (8) feet required by code for a single-family residential dwelling in an R-l-AA zoning district Boynton Beach Medical Pavilion (2800 Seacrest Boulevard) - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, H.16.D. (19), requiring a ratio of one (1) parking space per 200 square feet of gross floor area and 146 spaces to allow Use of the ratio of one (1) parking space per 210 square feet of gross floor or 139 spaces which is a reduction of seven (7) spaces required for a medical office building on a parcel zoned C-1 Boynton Beach Medical Pavilion (2800 Seacrest Boulevard) - Request for a height exception pursuant,to City of Boynton Beach Land Development RegulaUons, Chapter 2, Section 4.F. to allow a peaked roof entrance feature on a proposed medical office building at 44 feet; a distance of 19 feet above the 25 foot maximum height allowed in the C-1 zoning district regulations ,. B3's Master Plan Modification (Applebee's) - (South side of Boynton Beach Boulevard at Winchester Park Boulevard) Request for Master Plan Modification to the B.¥s Planned Commercial Development to include the specific site plan layout for Applebee's restaurant on out parcel #3 '4 CZTY OF BOYNTON BEACH AGENDA REGULAR C~TY COMMISSION MEETING SEPTEMBER 4~ 2001 Applebee's Restaurant (South side of Boynton Beach Boulevard at Winchester Park Boulevard) - Request for site plan approval to construct a 4,998 square foot sit-down restaurant on a 1.3-acre parcel (out parcel #3) of the B]'s Planned Commercial Development Boynton Beach Medical Pavilion (2800 Seacrest Boulevard) - Request for site plan approval to redevelop a 2.046-acre site for a new 29,173 square foot medical office building in a C-1 zoning district Woolbright Professional Plaza (Nguygen) (North side of Woolbright Road approximately 650 feet east of Congress Avenue) - Request for a one. year time extension of the site plan approval originally granted on July 18, 2000 from July 18, 2001 to July 18, 2002 Code Review (2800 Seacrest Boulevard) - 1) Request to amend the Land Development Regulations, Chapter 2, Section 6, A.3. to increase the maximum structure height in the C-1 zoning district from 25 feet to 30 feet; and 2) Request to amend Chapter 2, Section 4.F. to add parapets to the list of potential exemptions from the building height limitation. (Amendments have been requested in connection with the Boynton Beach Medical Pavilion site plan application) Accept the renewal premium quotes frOm Florida League of Cities/Florida Municipal Insurance Trust for automobile, Property, and Boiler and Machinery insurance lines; and Bonds related to City Manager and Finance Director and three Pension funds, for total of $364,490 (Reference Bid #096-1710-00/KR) Approve the "SURPLUS VEHICLE/EQUIPMENT I TST" as submitted by staff and allow selli.ng of same V~I. CZl'Y MANAGER'S REPORT: VIII. ANNOUNCEMENT OF SPECZAL CZTY COMMISSION MEETING & PUBLIC HEAR~NG TO FOLLOW AT 6:30 P.M. REGARDING FIRE ASSESSMENT :IX. FUTURE AGENDA ~TEMS: A. Review of City Noise Regulations (September 19, 2001) Project Team Reports (from 55 Strategic Initiatives): 1. 1.2 Arts Commission Project (September 19, 2001) Report on ordinance changes for Advisory Board attendance and conduct standards (September 19, 2001) Ordinance establishing setbacks from schools and/or churches for establishments having liquor licenses (September 19, 2001) 5 CITY OF BOYNTON BEACH AGENDA REGULAR CITY COMMZSSZON MEET/NG SEPTEMBER 4, 2001 Xm XI. XII. Em Fm G. H. I. Resolution from City Commission supporting CRA's request for $3,000,000 loan (September 19, 2001) Annual Contract for Landscape Maintenance (September 19, 2001) Traffic Calming and Traffic Control Final Report (October 2, 2001) Marina Project Update (October 2, 2001) Proposed Demolition of the Mangrove Park School (Old High School) at 125 E. Ocean Avenue (October 16, 2001) Redevelopment Code issues for non-conforming lots and buildings in commercial areas (November 2001) K. FRA Whistle Ban - Report (December 4, 2001) DEVELOPMENT PLANs: None NEW BUS~NESS.' None LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING PropoSed Ordinance No. 01-48 Re: Amending Chapter 2 of the Land Development Regulations reducing the requirements applicable to non-conforming lots (TAB/£D /,/NTXL SE~vrE~B£1~ 4~ 200~ PropoSed Ordinance No. O1-49 Re: Authorizing abandonment of a twelve (127 foot drainage easement between Lots 59 and 60 of Quantum park at Boynton Beach plat No. 6 B. Ordinances- 1st Reading Proposed Ordinance No. 01-50 Re: Amending Part TII, Land Development Regulations, Chapter I and Chapter 21, regarding "Banners" (TA~LED TO SEI~I'EI~IBEi~ .~ 200~ AT TtiE R£~U£ST OF THE L EGA L DE~Ai~ TMENT) 6 CITY OF BOYNTON BEACH AGENDA REGULAR CZ[ COMMISSION MEETING SEI:rrEMBER 4, 2001 C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: None XIV. AD.1OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE C1TY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING`' HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE`' WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE EASED. (F,S. 286.0105) THE CI'TY SHALL FURNISH APPROPRTATE AUXZI_[ARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIYZDUAL WI-I'H A DISABII.lq'Y AN EQUAL OPPORTUNI-I'Y TO PAR'FLCIPATE IN AND EN]OY THE BENEFTTS OF A SERVZCE~ PROGRAM,, OR ACTLVLTY CONDUCTED BY THE C1TY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 09/04/01 08/31/2001 11:34 AM J:\SHRDATA\CC~W~OOAGENDA~AGENDAS\YEAR 2001\090401 FINAL AGENDA. DOC city of Boynton Beach NOTICE OF SPECIAL CI'TY COHbIISSION MEETING AND PUBLIC HEARING TUESDAY, SEPTEMBER 4, 2001. AT 6:30 P.M. AT BOYNTON BEACH COMMUNITY HIGH SCHOOL AUDITORIUM LOCATED AT QUANTUM PARK 4975 PARK RIDGE BLVD. BOYNTON BEACH, FLORIDA In accordance with Section 56 of the City Cha. rter of ??e City_of Bo. ynto_n .B?a~chi~e7~ are hereby notified of a Special City Commiss;on Heating on ,uesaay, ~eptemea , 2001, at 6:30 p.m. to discuss: 1. Proposed Resolution No. R01- Re: Fire Assessment Rate 2. Proposed Resolution No, R01- Re: Creating and establishing a program for qualified individuals needing financial assistance to pay for all or part of the fire assessment and establishing a review process for hardship waiver requests 3. Presentation by Fire Chief Bill Bingham and City Hanager Kurt Bressner 4. Public Hearing regarding the Fire Assessment 5. Discussion 6. Act]on 7. Adjourn or Recess Gerald Broening, Mayor Rona~d Weiland, Vice Mayor Mike Ferguson, Commissioner Cherlie Fisher, Commissioner Mack McCray, Commissioner NO'FfCE i,u~_, Wi~C~I RECORO INCLUOES THE TES'nMONY A.'~ EVIOE~:E UPON wl'~o'vr~ ~ ~s TO BE BA'SEO' (F.S. 286.0'105) COSTELLO, (S61) 742-6013 AT LEAST TWENTY-FOUR HOURS PRZOR TO THE ~ OR ~ ZN ~ FOR THE CZTY TO REASONABLY 08/31/2001 2:47 PM C: City Mgr City Attny, City Commission, Information Officer, Facili~es, Chambers, Files Equal Oyportunlty/A~, 'rmativ. Action/ADA Emi,layer" Requested City Commismon Meeting Dates [] Suly 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 ITEM 1 A) Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 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: Approval of Final Assessment Resolution. EXPLANATION: This .Final Assessment Resolution amends the initial assessment resolution, imposes Fire Rescue assessments, approves the rate of assessment and the assessment roll, including clubhouses. See attached letter. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature James A. Cherof Department Name City Manager's Signature City At~'n'~y /Finance / Human Resources S:XBULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC THE POINTE. SUITE I060 250;~ ROCKY POINT DRIVE TAMPA. FLORIOA 33607 NAaORS, GIBLIN & NICKgRSON. ATTORNEYS AT LAW SUITE 200 I SO0 MAHAN DRIVE: TALLAHASSE£. FLORIDA 32308 TELEPHON£ (850) 224-4070 TEL£COPY (8S0) 224-4073 P.A. August 27, 2001 Via E-Mail and United Parcel Service CNL CENTER, SUITE 4so SOUTH ORANGE AVENUE ORLAN~)O. FLORIDA TELECOFY 1407) AUg 2 8 ~001 J CITY M^N^(]ER'S OFFICE James A. Cherof Josias, Goren, Cherof, Doocly & Ezrol, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Re: Final Assessment Resolution Dear Jim: Enclosed please find the versions of the Final Assessment Resolution that you may include in the commissioners' agenda packets for the September 4 public hearing. One version makes no changes to the methodology that was embodied in the 'Initial Assessment Resolution, adopted on July 11. The other version reflects a possible policy change to exclude clubhouses from being assessed. Both versions, however, correct scriveners' errors in the Initial Assessment Resolution as follows: (1) correcting the location of the Public hearing (Section 11 ) and (2) completing the Improvement Codes table (Appendix B). i have also included the Affidavit of Mailing (Appendix A to the Final Assessment' Resolution). The affidavit has been signed and notarized by the appropriate people here. Mr. Bressner needs to execute the affidavit as well. It should be attached to whichever version of the resolution is adopted. Finally, the City needs to request a proof of publication for the advertisement for the public hearing. That proof of needs to be attached at Appendix B. James A. Cherof August 27, 2001 Page 2 if you have further questions, please call me. VSD:sib Very truly yours, ~/'~' ' Delegal ~unders Enclosures CC: Kurt Bressner, City Manager (w/enc.) Camille P. Tharpe, GSG (w/enc.) CITY OF BOYNTON BEACH, FLORIDA FINAL ASSESSMENT RESOLUTION ADOPTED SEPTEMBER 4, 2001 TABLE OF CONTENTS Page SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 8. AUTHORITY .................................................................................... 3 DEFINITIONS AND INTERPRETATION ....................................... 3 AMENDMENT OF INTIAL ASSESSMENT RESOLUTION ............. 3 IMPOSITION OF FIRE RESCUE ASSESSMENTS ........................ 4 CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION ........ 7 EFFECT OF ADOPTION OF RESOLUTION .................................. 7 SEVERABILITY ............................................................................... 8 EFFECTIVE DATE .......................................................................... 9 APPENDIX A: APPENDIX B: APPENDIX C: AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS ......................................................... A-1 PROOF OF PUBLICATION ......................................................... B.-1 REVISED IMPROVEMENT CODES ........................................... C-1 RESOLUTION NO. R01- CITY OF BOYNTON BEACH, FLORIDA A RESOLUTION OF THE CiTY OF FLORIDA, RELATING TO THE RESCUE SERVI BOYNTON BEACH, PROVISION OF FIRE ~GRAMS IN THE THE lNG FIRE INI PRC THE FI 2001; AN WHEREAS, the City Commission of Boynton Beach, Florida (the "City Commission"), has enacted Ordinance No. 01-34 '(the "Ordinance"), which authorizes the imposition of Fire Rescue Assessments for fire rescue serviCes, facilities, and programs against Assessed Property located within the City; WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services, facilities, and programs each fiscal year is an equitable and efficient method of allocating and apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property; WHEREAS, the City Commission desires to implement a Fire Rescue Assessment program and impose a Fire Rescue Assessment in the City using the procedures provided by the Ordinance for the Fiscal Year beginning on October 1, 2001; WHEREAS, the City Commission, on July11, 2001, adopted Resolution No. R01-217(the."lnitial Assessment Resolution"); WHEREAS, the Initial Assessment Resolution contains and references a brief and general description of the fire rescue services, facilities and programs to be provided to Assessed Property; describes the method of apportioning the Fire Rescue Assessed Cost to compute the Fire Rescue Assessment for fire rescue services, facilities, and programs against Assessed Property; estimates rates of assessment; and directs the updating and preparation of the Assessment Roll and provision of the notice required by the Ordinance; WHEREAS, in order to impose Fire Rescue Assessments for the Fiscal Year beginning October 1,2001, the Ordinance requires the City Commission to adopt a Final Assessment Resolution which establishes the rates of assessment and approves the Assessment Roll for the upcoming Fiscal Year, with such amendments as the City Commission deems appropriate, after hearing comments and objections of all interested parties; WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance; WHEREAS, notice of a public hearing has been published and mailed, as required by the terms of the Ordinance, which provides notice to all interested persons of an opportunity to be heard; an affidavit regarding the form of notice mailed being attached hereto as Appendix A and the proof of publication being attached hereto as Appendix B; and WHEREAS, a public hearing was held on September 4, 2001, and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 2 SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance No. 01-34; Resolution No. R01-217; Article VIII, Section 2, Florida Constitution; sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of law. SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes the Final Assessment Resolution as defined in Ordinance No. 01-34. All capitalized terms in this resolution shall have the meanings defined in the Ordinance and the Initial Assessment .Resolution, as amended and supplemented hereby. SECTION 3. AMENDMENT OF INITIAL ASSESSMENT RESOLUTION. (A) Due to a scrivener's error in the Initial Assessment Resolution, the incorrect location for the public hearing was included in the resolution. Notwithstanding, the correct location was included in both the published and mailed notices. Accordingly, SeCtion 11 of the Initial Assessment Resolution is hereby amended as follows: SECTION 11. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 6:30 p.m. on September 4, 2001, in the ~ Beulevar-~, Boynton Beach Community Hi.qh School,. 4975 Park Ridge Boulevard, Boynton Beach, Flodda, at which time the City Commission will receive and consider any comments on the Fire Rescue Assessments from the public and affected property owners and consider imposing Fire Rescue Assessments. 3 (Cross throu~hs represent deletions; underscores represent additions.) (B) Due to a scrivener's error, an incomplete table of Improvement Codes was attached to the Initial Assessment Resolution. The Improvement Codes attached as Appendix B to the Initial Assessment Resolution included Only those Buildings designated as Single Family Residential and Multi-Family Residential. The Code Designations for Commercial, Industrial/Warehouse, Institutional and Nursing Home Properties were inadvertently omitted from the correct table. Accordingly, the complete Improvement Codes attached hereto at Appendix C are hereby substituted for the Improvement Codes attached as Appendix B to the Initial Assessment Resolution. (C) Except as modified, amended and supplemented herein, the Initial Assessment Resolution shall remain in full force and effect. SECTION 4. IMPOSITION OF FIRE RESCUE ASSESSMENTS. (A) The parcels of Assessed Property described in.the Assessment Roll, which Js - hereby approved, are hereby found to be specially benefited by the provision of the fire rescue services, facilities, and programs described or referenced in the Initial Assessment Resolution, as amended, in the amount of the Fire Rescue Assessment set forth in the Assessment Roll, a copy of which was present or available for inspection at the above referenced public hearing and is incorporated herein by reference. It is hereby ascertained, determined and declared that each parcel of Assessed Property within the City will be specially benefited by the City's provision of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue Assessment for such parcel, computed in the manner set forth in the Initial Assessment Resolution, as amended. 4 Adoption of this Final Assessment Resolution constitutes a legislative determination that all parcels assessed derive a special benefit in a manner consistent with the legislative declarations, determinations and findings as set forth in the Ordinance, and the Initial Assessment Resolution from the fire rescue services, facilities:, or programs to be provided and a leg islative determination that the Fire Rescue Assessments are faidy and reasonably apportioned among the properties that receive the special benefit as set forth in the Initial Assessment Resolution. (B) The referenced in the method for computing Fire Rescue Assessments described and Initial Assessment Resolution is hereby approved. The Parcel Apportionment methodology described in Appendix E of the Initial Assessment Resolutiqn, and adopted in Section 7 of the Initial Assessment Resolution, is hereby approved. (C) For the Fiscal Year beginning October 1, 2001, the estimated Fire Rescue Assessed Cost to be assessed is $4,352,899. The Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1, 2001, are hereby established as follows: 5 RESIDENTIAL Rate Per PROPERTY USE Dwelling Unit CATEGORIES Single Family Residential $ 90 , Multi-Family Residential $ 96 I NON-RESIDENTIAL BUilding I PROPERTY uSE ClassifiCation (in Industrial/ Nursing CATEGORIES square foot 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 40,000-49,999 $ 7,983 $ 2,536 $ 12,972 $ 12,972 > 50,000 $ 9,979 $ 3,171 $ 16,215 $ 16,215 (D) The above rates of assessment are hereby approved. Fire Rescue Assessments for fire rescue services, facilities, and programs in the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of Assessed Property described in such Assessment Roll for the Fiscal Year beginning October 1, 2001. (E) No Fire Rescue Assessment shall be imposed upon a parcel of Institutional Property whose use. is wholly exempt from taxation under Florida law. (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized by the City Commission shall be supplemented by any legally available funds, or combination of sUch funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue Assessments. 6 (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue Assessments are also levied and imposed against all property for which a Certificate of Occupancy is issued after adoption of this Final Assessment ResOlution based upon the rates of assessment approved herein. (H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property so assessed equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad Valorem assessments. Except as otherwise provided by law, such lien shall be superior indignity to all other liens, titles and claims, until paid. (I) The Assessment Roll, as herein approved, together with the correction of any errors or omissions as provided for in Ordinance No. 01-34, shall be billed, collected, and enforced pursuant to the alternative method of collection described in Section 3.02 of the Ordinance and Section 10 of the Initial Assessment Resolution. The City Commission hereby directs the City Manager to mail said bills no later than the close of the first quarter of the calendar year of 2002. SECTION 5, CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION, The Initial Assessment Resolution, as modified, amended and supplemented herein, is hereby confirmed° SECTION 6. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Final Assessment Resolution shall be the final 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 rate of assessment, the Assessment Roll and the levy and lien of the Fire Rescue Assessments), .7' unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of this Final Assessment Resolution. SECTION 7. SEVERABILITY. If any clause, section or other part of this resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this resolution. [The remainder of this page is intentionally left blank.] 8 SECTION 8. EFFECTIVE DATE. This Final Assessment ResolUtion shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 4th day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Cie rk (Corporate Seal) APPROVED AS TO FORM AND CORRECTNESS: James A. Cherof City Attorney 9 APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Kurt Bressner, Camille P. Tharpe,'and Kevin Butler, who, after being duly sworn, depose and say: 1. Kurt Bressner, as City Manager of the City of Boynton Beach, Florida ("City"), pursuant to Purchase Order No. 011669 dated February 23, 2001 between Government Services Group, Inc. ("GSG") and the City, and the authority and direction received from the City Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of notices in accordance with the Fire Rescue Assessment Ordinance adopted by the City Commission on July 11, 2001 (the "Assessment Ordinance") and in conformance with the Initial Assessment Resolution adopted by the City Commission on July 11, 2001 (the "Initial Assessment Resolution"). 2. Camille P. Tharpe, is Vice President of GSG. GSG has caused the notices required by the Assessment Ordinance to be prepared in conformance with the Initial Assessment Resolution. An exemplary form of such notice is attached hereto. GSG has caused such individual notices for each affected property owner to be prepared and each notice included the following information: 'the purpose of the assessment; the total amount proposed to be levied against each Parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel-; the total revenue the City expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file wdtten objections with the local governing board within 20 days of the notice; and the date, time, and place of the headng. A-1 3. . On or before August 7, 2001, GSG delivered and directed the mailing of the above-referenced notices by Mail Master of Tailahassee, Inc. ("Mail Master"), in accordance with the Assessment Ordinance and the Initial Assessment Resolution by First Class Mail to each affected owner, at the addresses then shown on the real property assessment tax roll database maintained by the Palm Beach County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Notices to property owners receiving multiple individual' notices were mailed, or caused to be mailed by GSG on or before August 7, 2001. 4. Kevin Butler is President of Mail Master° As directed above, Mail Master, mailed or caused to be mailed on or before August 7, 2001, the above-referenced notices delivered to Mail Master by GSG. FURTHER AFFIANTS SAYETH NOT. Kurt Bressner, affiant Kevin Butler, affiant A-2 STATE OF FLORIDA COUNTY OF PALM BEACH did take an oath. Printed Name: Notary Public, State of Florida At Large My Commission Expires: Commission No.: STATE OF FLORIDA COUNTY OF LEON f-),~_The foregoing Affidavit of Mailing was sworn to and subscribed before me this ~ day of August, 2001 by Camille P. Tharpe, Vice President, Government Services Group, Inc., a Florida corporation. She is personally known to me or has produced .. as identification and did take an oam. STATE OF FLORIDA COUNTY OF LEON Printea Name: .,-~_d./c~ L30 r' g'~ Notary Public, State of Florida At Large My Commission Expires: Commission No.: O L~ (3 Dc`` (~ ~ (~,~ The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of August, 2001 by Kevin Butler, President, Mail Master of Tallahassee, Inc.,a Florida corporation. He is personally known to me or has produced as identification and did ~ake an oam. ~'~~ ~C~ ~ Pdnted Name: -~o,u I. ~ ~O Notary Public, State of Florida At Large My Commission Expires: Commission No.: ~ r..,3o~c{-~ (O City of Boy~[=r~ =eac~ 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 CiTY OF BOYNTON BEACH, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON-AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 7, 2001 TONY M CHIEFFO 8364 WHITE EGRET WAY LAKE WORTH FL 33467-1711 Parcel ID #: 08434518040003222 Legal Description: CHALET 4 PL 3 Sequence #: S24001 * * * * * NOTICE TO PROPERTY OWNER * * * * * As required by Section 197.3632, Fiodda Statutes, and City Ordinance No. 01-34, notice is given by the City of Boynton Beach that an annual assessment for fire rescue services, may be levied on your property for the 'fiscal year October 1, 2001 - September 30, 2002. The Fiscal Year 2001-02 assessment will be collected Using a separate bill to' be mailed dudng the first three months in 2002 and will be payable 30 days after such billing. In future years, the assessment will be added to the tax bill and will be collected with your property tax. The purpose of this aSsessment is to fund fire rescue services benefiting improved property located within the City of Boynton Beach. The total annual fire rescue assessment revenue to be collected within the City of Boynton Beach is estimated to be $4,352,899. The annual fire rescue assessment is based on the classification of each parcel of property and number of billing units contained therein. The above parcel is classified as MULTI,FAMILY. The total number of billing units on the above pamel is I dwelling unit. The annual fire rescue assessment for the above parcel is $96.00. A public hearincj will be held at 6:30-p.m. on September 4, 2001, in the Boynton Beach Community High School, 4975 Park Ridge Blvd., Boynton Beach, Flodda, for the purpose of receiving public comment on the /~ "~ ¥oposed assessments. You and all other aff. ec!ed :property owners have a dght to appear at the hearing and .~o file written objections with the City Commission within 20 days of this notice, if you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to ber made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact ,Joyce Costello at (561) 742-6013, at least 24 hours pdor to the date of the heating. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at the above heating (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the Fire Rescue Assessment Ordinance, the Init!al Assessment Resolution and the preliminary assesSment roll are available for inspection at the City Clerk s office, located at City Hail, 100 East Boynton Beach Boulevard, Boynton Beach, Fiodda. · The fire rescue service non-ad valorem assessment amOunt shown on this notice for the above parcel will be collected on a separate bill that will be mailed.to you dudng the first 3 months of 2002. Failure to pay the assessments could result in foreclosure proceedings against your property as well as the initiation of proceedings to compel 'payment by any means authorized by law, including a process that would ultimately collect the assessments on your property tax bill and continued non-payment would cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue service assessment, please contact the Boynton Beach Fire Rescue Department between August 7, 2001 and September 14, 2001 at (561) 742-6342; (561) 742-6343; (561) 742-6348; or (561) 742-6349, Monday through ?riday, 9 a.m. and 5 p.m., excluding holidays. If you have a correction, please fill out the enclosed correction request card and return it to the City immediately. * * * * * THIS IS NOT A BILL * * * * * APPENDIX B PROOF OF PUBLICATION THE PALM BEACH POST t~blished Datly and Sunday West Palm ~ palm ~b C~z~ty, Ranc~ PROOF OF PUBLICATION STATE OF FLORIDA cor~.~( OF PALM BEACH gefom~unde~neda~..homype~onatl¥~l~d l~.v~n Au~n w~on~~ ~~ ~ or ~I~. T~ ~ 1~~ ~ NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS .__ ~f __ , I .. ' i ' ~i~ bilili~ Act, ~ T S 200 I $ ~ I ~ 324 I S 324 ; S I~ j S ~ S 3.2~; S 3,2~.,~ ~ 7~ S ~s$ APPENDIX C REVISED IMPROVEMENT CODES APPENDIX C REVISED IMPROVEMENT CODES Code Description ' Category 60 EFFICIENCY APARTMENT MULTI-FAMILY 101 RESIDENTIAL I FAMILY RESIDENTIAL 102 RESIDENTIAL 2 FAMILY MULTI-FAMILY 103 RESIDENTIAL 3 FAMILY . MULTI-FAMILY 104 RESIDENTIAL 4 FAMILY' MULTI-FAMILY 106 CONDO COMMON ELEMENT NOT USED 107 CONDO FEE SIMPLE : MULTI-FAMILY 170 DORMITORY ' MULTI-FAMILY 220 . APARTMENTS LOW RISE ~ . MULTI-FAMILY 230 APARTMENTS HIGH RISE MULTI-FAMILY 240 : APARTMENTS- TOWNHOUSE MULTI-FAMILY 260 APARTMENTS, SEN OR , MULTI-FAMILY 301 RES ON COMM LAND .. RESIDENTIAL: 340 COMMERCIAL MIXED USE COMMERCIAL 350 RETAIL SINGLE OCCUP ! COMMERCIAL 351 DRUG STORE FREESTANDING COMMERCIAL 355 OFFICE CONDOMINIUM .i ~ COMMERCIAL 356 RETAIL CONDOMINIUM: COMMERCIAL 360 i DISCOUNT DEPT STORE = COMMERCIAL 362 VETERINARY rI , CLINIC COMMERCIAL: 364 i HOME MPROVEMENT COMMERCIAL 365 FURNITURE STORE COMMERCIAL i 370 DEPARTMENT STORES: . COMMERCIAL! 371 DOWNTOWN ROW TYPE '. COMMERCIAL 374 ~ RETAIL MULTI OCCUP ! COMMERCIAL i 375 = RETAIL DRIVE-U COMMERCIAL: 380 STRIP SHOPPING CNTR . COMMERCIAL 390 iCOMM SHOPPING CENTER COMMERCIAL . 392 . ~ LUMBER STORAGE ~ COMMERCIAL 395 ~ ,TRUCK TERMINAL r COMMERCIAL 400 ~ REGIONAL SHPMALL/CNT! COMMERCIAL 410 SUPER REG SHOPMAL~ .' COMMERCIAL 420 !SUPERMARKET ' , COMMERCIAl-: 430 i: CONVENIENCE FOOD M~ COMMERCIAL. 440 i :HOTEL/MOTEL BUSINESS COMMERCIAL ! 450 i RESORT HOTEL COMMERCIAl.; 460 HOTEL/MOTEL LO S~- ~ r coMMERCIAl-. ~70 HOTEL- HI RISE . . COMMERCIAL 490 OFFICE BLDG L/R 1-4S... ICOMMERCIAL ~00 OFFICE H-R 5ST ' ~ ICOMMERClAL-" ~ FI L COMMERCi 320 ~ MEDICAL OF CE B DG . C-1 Code DeScription Category 530 HOSPITALS INSTITUTIONAL 540 NURSING HOME NURSING HOMES 550 BAR/TAVERN ' , COMMERCIAL 551 cOCKTA L LouNGE COMMERCIAL 560 RESTAURANT ~ COMMERCIAL 570: ' , FRANCHISE FOODCOMMERCIAL 580 BOWLING ALLEY ' COMMERciAL 582, SKATING RINK, : COMMERCIAL ' 583 HEALTH CLUB: ~ , COMMERCIAL 587' coUNTRy CLUB : : COMMERC AL COMMERCIAL~ , , . 589 COUNTRY CLUB/W GOLF CRSE i : = 590, ARENA , ' : COMMERCIAL 59i :: IGYMNASIUM , COMMERCIAL': 92 STADIUM : cOMMERC ALi 593 : DOG/HoRsETRACK COMMERCIAL, ./,,, . i 594 : , RACETRACK ' : COMMERCIAL ~ii . : 600 AUD[T:ORIUMr :r ; : · COMMERCIAL.: ~ii 610! : ClNEM~HEATER i ' ' COMMERCIAL 6141 ~DI PIC STUDIo' . COMMERCIAL 6r15 ~'LEGITIMATETHEATER, , ,: , COMMERCIAL: ~r[ ~ , 620, : BANK/MAIN OFFICE ,,: : :~ COMMERCIAL "[ · = NEIGHBORHOOD BA COMMERC AL 630 ~ NK, , · I = ' ' ..... " '' SERVICE STATION NO BAYS i COMMERCIAL ' ~ ; 641; , SERVICE STATION,W/BAYS ' : COMMERCIAL ' r 650 : CAR WASH ~ AU~0MAT]C '" i COMMERCIAL, CAR WASH. M~tJAL : : ' COMMERCIALi 652 CAR WASH,SERViCE: S~ATilON COMMERCIALr,! [= 660! , ',, ,,,, ' :~ : i AUTO SE ! EG E '" COMMERCIAL , r 67 FC A E ' : 0 OFf ~ R HOUSE COMMERCIAL . , 680 ' ! ,FLINERALH~3ME. ~ , , COMMERCIAL , : 690 ~LUB, DUSE ', , : , ~ H COMMERCIAL' t OCIAI. JERATERNAE HALL t STITUTIONA 69~ OUS ~U~DH E NOT USED 700 COLD STORA'~E ~: i~n~ ~"r~.i am ~m=, ,c~ , DUSTR A HOUSE t~ I ~LECOMM~NI~iON EQUIPMENT iNDUSTRIAL~ t~,EHOUSE 712 ~ELEEHONE EQUIP[I~! ;I~T BLDG iNDUSTRIA~ REHOUSE 7,15 r'ELE SRV GA:~ FACt ~ l,,,l~'r [~.~n 72~ : PA!RKIN'GG~AG~EEG!K ] : 'iOTUSED! I Il i, , [ ~ r 72~1 ' ~DI!)~I~i~NS~t~E'P, BLD ! ~.DUSTRI ~BEHO~USE 730 DAY={:,AR GENTEE .,, MMERCI' E ,, E ....... e A [, ,, , , 8 ' ' ""'" ~T~ ' ':" ' ," 0~ ~IGH'r M~N~Au [, ~IN ~ DUSTRIA~ OU 820 : O~ EDISI D IO ' ~ ' .... ,WAR~H, ~S: I~ : ~R ~ r~ ,N ,~DUSTR!A~A~EHOUSE C-2 Code Description ' Category 830 MINI WAREHOUSE: ! INDUSTRIAL/WAREHOUSE 840 WAREHOUSE STORAGE INDUSTRIAL/WAREHOUSE 841 WAREHOUSE SINGLE TENANT INDUSTRIAL/WAREHOUSE 850 HANGAR ' INDUSTRIAL/WAREHOUSE 860 BARNS NOT USED 861 RESIDENTIAL BARNS NOT USED 870 PREFAB WAREHOUSE INDUSTRIAL/WAREHOUSE 880 TECHNICAL MANUFACTURING INDUSTRIAL/WAREHOUSE 900 SCHOOL INSTITUTIONAL 901 COLLEGES / UNIVERSITY INSTITUTIONAL 910 ~ RELIGIOUS INSTITUTIONAL 912 ;LIBRARY ; INSTITUTIONAL 920 EDUCATION/RELIGIOUS INSTITUTIONAL 930 GOVERNMENTAL ' INSTITUTIONAL 950 POLICE/FIRE STATIONS INSTITUTIONAL 960 CORRECTIONAL INSTITUTIONAL' 970 CULTURAL FACILIT ES INSTITUTIONAL 0100 SFR : ! ,RESIDENTIAL 0101 : SFR HMSTD ~RESlDENTIAL 0200 ' SFT-MFG ' IRESIDENTIAL 0300 SFR-ZERO LOT i RESIDENTIAL 0400 TWNHSE-VILLA RESIDENTIAL 0402 DOCKUMINIUM : NOT USED 410 TOWNHOUSE : RESIDENTIAL ~ I RESIDENTIAL 0420 TIMESHARE 0430 ZERO LOT LINE !: RESIDENTIAL 0440 CONDO . MULTI-FAMILY 0500 i EXC-ZERO LOT ~ RESIDENTIAL 0510 CO-OP . MULTI-FAMILY 0600 RENTAL UNIT ' RESIDENTIAL 0700I :EXC TWHSE/VILLA i RESIDENTIAL 0800 MOBILE HOME : RESIDENTIAL 0801 MOBILE HOME-HX RESIDENTIAL 0900 EXC-RESIDENT RESIDENTIAL 0901 EXC-RES HMSTD RESIDENTIAL 0909 EXC-LUX.RES i RESIDENTIAL 1000 CONDO L.RISE MULTI;FAMILY 1100 CONDO H. RISE i MULTI,FAMILY 1700 DORMITORY i ~ MULTI,FAMILY 2200 MFR LOW RISE MULTI,FAMILY 2500 MFR ROW HOUSE MULTI'FAMILY 270D DUPLEX MULTI'FAMILY 2701 i DUPLEX HMSTD MuLTI-FAMILY 280D TRIPLEX MULTI-FAMILY 290D QUADRAPLEX MULTi,FAMILY 8500 ~ HANGER NOT USED C-3 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 CITY OF BOYNTON BEACH . AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ~n to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 200I (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.rr~) October 3, 2001 (5:00 p.m.) October 17, 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: Approval of Final Assessment Resolution. EXPLANATION: This Final Assessment Resolution amends the initial assessment resolution, imposes Fire Rescue assessments, approves the rate of assessment and the assessment roll, excluding clubhouses. See attached letter. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature James A. Cherof Department Name City Manager's Signature City .~ttor~y~inance / Human Resources S:XBULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC THE: ROINT£. e-U|TE · 'so~m ROCKY POINT ORIV~' TAMPA. FLORIDA 33607 TELECOP~ (ll~) NABOFIS, GlffiLIN ~ NiCKERSON. ATTORNEYS AT LAW SUI?~" I~OO MAHAN DRIV~ TALLAHASSE~. ~LORIDA T~LEPHON~ (8~0~ 2~4-4070 August 27, 2001 Via E-Mail and United Parcel Service CNL CENTER. SUITE $10 450 SOUTH ORANGE AVENUE ORLANDO. FLORIDA 32801 T£LECORY ~407 ) 4 a6-aoa a RECEIVED AUG 2 8 MANAGER S OFFICE James A. Cherof Josias, Goren, Cherof, Doody & Ezroi, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Re: Final Assessment Resolution Dear Jim: Enclosed please .find the versions of the Final Assessment Resolution that you may include in the commissioners' agenda packets for the September 4 public hearing. One version makes no changes to the methodology that was embodied in the Initial Assessment Resolution, adopted on July 11o The other version reflects a possible policy change to exclude clubhouses from being assessed.. Both versions, however, correct scriveners' errors in the Initial Assessment Resolution as follows: (1) correcting the location of the public hearing (Section 11) and (2)completing the Improvement Codes table (Appendix B). I have also included the Affidavit of Mailing (Appendix A to the Final Assessment' Resolution). The affidavit has been signed and notarized by the appropriate people here. Mr. Bressner needs to execute the affidavit as well. It should be attached to whichever version of the resolution is adopted. Finally, the City needs to request a proof of publication for the advertisement for the public hearing. That proof of needs to be attached at Appendix B. James A. Chemf August 27, 2001 Page 2 If you have further questions, please call me. VSD:sib Very truly yours, ' ~ Delegal ~unders Enclosures Kurt Bressner, City Manager (w/enc.) Camille P. Tharpe, GSG (w/enc.) CITY OF BOYNTON BEACH, FLORIDA FINAL ASSESSMENT RESOLUTION ADOPTED SEPTEMBER 4, 2001 TABLE OF CONTENTS Page SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 8. AUTHORITY .................................................................................... 3 DEFINITIONS AND INTERPRETATION ....................................... 3 AMENDMENT OF INTIAL ASSESSMENT RESOLUTION ............. 3 IMPOSITION OF FIRE RESCUE AS,'~ESSMENTS ........................ 4 CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION ........ 7 EFFECT OF ADOPTION OF RESOLUTION .................................. 7 SEVERABILITY ............................................................................... 8 EFFECTIVE DATE .......................................................................... 9 APPENDIX A: APPENDIX B: APPENDIX C: AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS ......................................................... A-1 PROOF OF PUBLICATION ......................................................... B.-1 REVISED IMPROVEMENT CODES ........................................... C-1 RESOLUTION NO. R01- CITY OF BOYNTON BEACH, FLORIDA A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO THE OF FIRE RESCUE SERVICES, FACILITIES INITIAL PROPEl APPROVING EFFE DATE. WHEREAS, the City Commission of INTHE THE ~IPOSING FIRE ASSESSED FOR THE ; Boynton Beach, Florida (the "City Commission"), has enacted Ordinance No. 01-34 (the "Ordinance"), which authorizes the imposition of Fire Rescue Assessments for fire rescue services, facilities, and programs against Assessed Property located within the City; WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services, facilities, and programs each fiscal year is an equitable and efficient method of allocating and apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property; WHEREAS, the City Commission desires to implement a Fire Rescue Assessment program and impose a Fire Rescue Assessment in the City using the procedures provided by the Ordinance for the Fiscal Year beginning on October 1, 2001; WHEREAS, the City Commission, on July11, 2001, adopted Resolution No. R01-217(the "Initial Assessment Resolution"); WHEREAS, the Initial Assessment Resolution contains and references a brief and general description of the fire rescue services, facilities and programs to be provided to Assessed Property; describes the method of apportioning the Fire Rescue Assessed Cost to compute the Fire Rescue Assessment for fire rescue services, facilities, and programs against Assessed Property; estimates rates of assessment; and directs the updating and preparation of the Assessment Roll and provision of the notice required by the Ordinance; WHEREAS, in order to impose Fire Rescue Assessments for the Fiscal Year beginning October 1,2001, the Ordinance requires the City Commission to adopt a Final Assessment Resolution which establishes the rates of assessment and approves the Assessment Roll for the upcoming Fiscal Year, with such amendments as the City Commission deems appropriate, after hearing comments and objections of all interested parties; WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance; WHEREAS, notice of a public hearing has been published and mailed, as required by the terms of the Ordinance, which provides notice to all interested persons of an opportunity to be heard; an affidavit regarding the form of notice mailed being attached hereto as Appendix A and the proof of publication being attached hereto as Appendix B; and WHEREAS, a_public hearing was held on September 4, 2001, and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance No. 01-34; Resolution No. R01-217; Article VIIi~, Section 2, Florida Constitution; sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of law. SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes the Final Assessment Re:solution as defined in Ordinance No: 01-34. All capitalized terms in this resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution, as amended and supplemented hereby. SECTION 3. AMENDMENT OF INITIAL ASSESSMENT RESOLUTION. (A) The definitions provided in Section 2 of the Initial Assessment Resolution are hereby supplemented with the following: "Clubhouse" means those Buildings located on Tax Parcels that have a Code Description desiqnated as "690" in the Improvement Codes. (B) Because the use of Clubhouses on property within the City is generally secondary, ancillary and incidental to the primary use of the property, the City Commission hereby declares that it is fair and reasonable to exclude from the Fire Rescue Assessment those Buildings that_ are classified as Clubhouses. Accordingly, no Fire Rescue Assessment shall include a charge for Clubhouses. (C) Due to a scrivener's error in the Initial Assessment Resolution, the incorrect location for the public hearing was included in the resolution. Notwithstanding, the correct location was included in both the published and mailed notices. Accordingly, Section 11 of the Initial Assessment Resolution,is hereby amended as follows: 3 SECTION 11. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 6:30 p.m. on September 4, 2001, in the ~ Ceramics!ch Chambers cfCity Ha!!, 1OO East Boynton B~ach ~ Boynton Beach Community Hi.qh School, 4975 Park Ridge Boulevard, Boynton Beach, Florida, at which time the City Commission will receive and consider any comments on the Fire Rescue Assessments from the public and affected property owners and consider imposing Fire Rescue Assessments.- ("'-"'"'- +~' ..... ~'o represent deletions; underscores represent additions.) (D) Due to a scrivener's error, an incomplete table of Improvement Codes was attached to the Initial Assessment Resolution. The Improvement Codes attached as Appendix B to the Initial Assessment Resolution included only those Buildings designated as Single Family Residential and Multi-Family Residential. The Code Designations for Commercial, Industrial/Warehouse, Institutional and Nursing Home Properties were inadvertently omitted from the correct table. Accordingly, the complete Improvement Codes attached hereto at Appendix C are hereby substituted for the Improvement Codes attached as Appendix B to the Initial Assessment Resolution. (E) Except as modified, amended and supplemented herein, the Initial Assessment Resolution shall remain in full force and effect. 4 SECTION 4. IMPOSITION OF FIRE RESCUE ASSESSMENTS. (A) The parcels of Assessed Property described in the Assessment Roll, which is hereby approved, are hereby found to be specially benefited by the provision of the fire rescue services, facilities, and programs described or referenced, in the Initial Assessment Resolution, as amended, in the amount of the Fire Rescue Assessment set forth in the Assessment Roil, a copy of which was present or available for inspection at the above referenced public hearing and is incorporated herein by reference. It is hereby ascertained, determined and declared that each parcel of Assessed Property within the City will be specially benefited by the City's :provision of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue Assessment for such parcel, computed in the manner set forth in the Initial Assessment Resolution, as amended. Adoption of this Final Assessment Resolution constitutes a legislative determination that all parcels assessed derive a special benefit in a manner consistent with the legislative declarations, determinations and findings as set forth in the Ordinance, and the Initial Assessment Resolution, as amended, from the fire rescue services, facilities, or programs to be provided and a legislative determination that the Fire Rescue Assessments are faidy and reasonably apportioned among the properties that receive the special benefit as set forth in the Initial Assessment Resolution, as amended. (B) The method for computing Fire Rescue Assessments described and referenced in the Initial Assessment Resolution, and modified, amended and supplemented herein, is hereby approved. The Parcel Apportionment methodology 5 described in Appendix E of ihe Initial Assessment Resolution, and adopted in Section 7 of the Initial Assessment Resolution is hereby approved. (C) For the Fiscal Year beginning October 1, 2001, the estimated Fire Rescue Assessed Cost to be assessed is $4,352,899. The Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1,2001, are hereby established as follows: RESIDENTIAL Rate Per PROPERTY USE Dwelling Unit CATEGORIES Single Family Residential *$ 90 Multi-Family Residential $ 96 NON-RESIDENTIAL Building PROPERTY USE Classification (in Industrial/ Nursing CATEGORIES square foot 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 o 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 40,000-49,999 - $ 7,983 $ 2,536 $ 12,972 $ 12,972 > 50,000 . $ 9,979 $ 3,171 $ 16,215 $ 16,215 (D) The above rates of assessment are hereby approved. Fire Rescue Assessments for fire rescue services, facilities, and programs in the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of Assessed Property described in such Assessment Roll for the Fiscal Year beginning October 1,2001. 6 (E) NO Fire Rescue Assessment shall be imposed upon a parcel of Institutional Property whose use is wholly exempt from taxation under Florida law. (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized by the City Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue Assessments. (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue Assessments are also levied and imposed against all property for which a Certificate of Occupancy is issued after adoption of this Final Assessment Resolution based upon the rates of assessment approved herein. (H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property so assessed equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. (I) The Assessment Roll, as herein approved, together with the correction of any errors or omissions as provided for in Ordinance No. 01-34, shall be billed, collected, and enforced pursuant to the alternative method of collection described in Section 3.02 of the Ordinance and Section 10 of the Initial Assessment Resolution. The City Commission hereby directs the City Manager to mail said bills no later than the close of the first quarter of the calendar year of 2002. .7' SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution, as modified, amended and supplemented herein, is hereby confirmed. SECTION 6. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Final Assessment Resolution shall be the final 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 rate of assessment, the Assessment Roll and the levy and lien of the Fire Rescue Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of this Final Assessment Resolution. SECTION 7. SEVERABILITY. If any clause, section or other part of this resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this resolution. [The remainder of this page is intentionally left blank.] 8 SECTION 8. EFFECTIVE DATE. This Final Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 4th day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner Commissioner City Clerk (Corporate Seal) APPROVED AS TO FORM AND CORRECTNESS: James A. Cherof City Attorney APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Kurt Bressner, Camille P. Tharpe, and Kevin Butler, who, after being duly sworn, depose and say: 1. Kurt Bressner, as City Manager of the City of Boynton Beach, Florida ("City"), pursuant to Purchase Order' No. 011669 dated February 23, 2001 between Government Services Group, Inc. ("GSG") and the City, and the authority and direction .received from the City Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of nOtices in accordance with the Fire Rescue Assessment Ordinance adoPted by the City Commission on July 11, 2001 (the "Assessment Ordinance") and in conformance with the Initial Assessment Resolution adopted by the City Commission on July 11,2001 (the "Initial Assessment Resolution"). 2. Camille P. Tharpe, is Vice President of GSG. GSG has caused the notices required by the Assessment Ordinance to be prepared in conformance with the Initial Assessment Resolution. An exemplary form of such notice is attached hereto. GSG has caused such' individual notices for each affected property owner to be prepared and each notice included the following information: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measure ment to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the City expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the heating. A-1 3. On or before August 7, 2001, GSG delivered and directed the mailing of the above-referenced notices by Mail Master of Tallahassee, Inc. ("Mail Master"), in accordance with the Assessment Ordinance and the Initial Assessment Resolution by First Class Mail to each affected owner, at the addresses then shown on the real property assessment tax roll database maintained by the Palm Beach County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Notices to property owners receiving multiple individual notices were mailed, or caused to be mailed by GSG on or before August 7, 2001. 4. Kevin Buffer is President of Mail Master. As directed above, Mail Master, mailed or caused to be mailed on or before August 7, 2001, the above-referenced notices delivered to Mail Master by GSG. FURTHER AFFIANTS SAYETH NOT. Kurt Bressner, affiant C""~ii P.'~Tharpe, affiant Kevin Buffer, affiant A-2 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing. Affidavit of Mailing was sworn to and subscribed before me this day of August, 2001 by KUrt Bressner, City Manager, City of Boynton Beach, Flodda. He is personally known to 'me or has prodUced as identification and did take an oath. Printed Name: Notary Public, State of Florida At Large My Commission Expires: Commission No.: ~ ~ STATE OF FLORIDA COUNTY OF LEON (~,~_The foregoing Affidavit of Mailing was sworn to and subscribed before me this "~' day of August, 2001 by Camille P. Tharpe, Vice President, Government Services roup, Inc., a Flodda corporation. She is personally known to me or has produced ... as identification and did take ~n oatn. STATE OF FLORIDA COUNTY OF LEON Notary Public, Sta{e bf'Florida At Large My Commission Expires: Commission No.: ~ ~ (3 0_~ (~ ~ Ftodda corporation..He is personally known to me or has produced identification and did take an oam. '~JC~ ~ Pdhteci Name: "~ [ ~ J.~o t'"'r'~ Notary Public, State of Fiodda At Large The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of August, 2001 by Kevin Butler, President, Mail Master of Tailahassee, Inc.,a as My Commission Expires: Commission No.: ri,T:) 0 City of Boynton ~eac~ 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 CiTY OF BOYNTON BEACH. FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON°AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 7. 2001 TONY M CHIEFFO 8364 WHITE EGRET WAY LAKE WORTH FL 33467-1711 Parcel ID #: 08434518040003222 Legal Description: CHALET 4 PL 3 Sequence #: S24001 * * * * * NOTICE TO PROPERTY OWNER * * * * * As required by Section 197.3632, Flodda Statutes, and City Ordinance No. 01-34, notice is given by the City of Boynton Beach that an annual assessment for fire rescue services, may be levied on your property for the fiscal year October 1, 2001 - September 30, 2002. The Fiscal Year 2001-02 assessment will be collected using a separate bill to be mailed during the first three months in 2002 and will be payable 30 days after such billing. In future years, the assessment will be added to the tax bill and will be collected with your property tax. The purpose of this assessment is to fund fire rescue services benefiting improved property located within the City of Boynton Beach; The total annual fire rescue assessment revenue to be collected within the City of Boynton Beach is estimated to be $4,352,899. The annual fire rescue assessment is based on the classification of each parcel of property and number of billing units contained therein. The above parcel is clasSified as MULTI-FAMILY. The total number of billing units on the above parcel is 1 dwelling unit. The annual fire rescue assessment forthe above parcel is $96.00. A public hearing will be held at 6:30 p.m. on September 4, 2001, in the Boynton Beach Community High School, 4975 Park Ridge Blvd., Boynton Beach, Florida, for the purpose of receiving public comment on the :~' roposed assessments. You and all other-affected property owners have a right to appear at the hearing and file written objections with the City Commission within 20 days of this notice. If you decide to appeal any made by the City Commission with 'respect to any matter considered at the hearing, you will need a proceedings and may need to ensure that a verbatim record is made, including the testimony and which the appeal is to be made. In accordance with the Americans with Disabilities Act, needing a special accommodation or an interpreter to participate in this proceeding should contact ) at (561) 742-6013, at least 24 hours priOr to the date of the headng. proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the of City commission actiOn at the above hearing (including the method of apportionment, the rate of and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the Fire Rescue Assessment Ordinance, the Initial Assessment Resolution and the preliminary asseSsment roll are available for ins!3ection at the City Clerk's office, located at City Hail, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. The fire rescue service non-ad valorem assessment amount shown on this notice for the above parcel will be collected on a separate bill that will be mailed to you during the first 3 months of 2002. Failure to pay the assessments could result in foreclosure proceedings against your property as well as the initiation of proceedings to compel 'payment by any means authorized by law, including a process that would ultimately collect the assessments on your property tax bill and continued non-payment would cause a tax certificate to be isSued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue service assessment, please contact the Boynton Beach Fire Rescue Department between August 7, 2001 anl~ September 14, 2001 at (561) 742-6342; (5~1) 742-6343; (561) 742-6348; or (561) 742-6349, Monday throug Friday, 9 a.m. and 5 p.m., excluding holidays. If you have a correction, please fill out the enclosed correction request card and return it to the City immediately. * * * * * THIS IS NOT A BILL * * * * * APPENDIX B PROOF OF PUBLICATION .-. THE PALM BEACH POST PublL~cd Oa2y and Sunday West P~lm ~ Palm Beach Co~. Ron~ PROOF OF FUBLICA t iON STA~ OF ~O~DA n ~a~ ~nAums w~on~~[ e~o M~ of ~ P~m ~ ~ a ~ty ~ ~Y A.D. 2001 ~,~ll,/kno~ XX o~ eroduc~ldmifa~Uon ,- T~ of Ident~ca~m ~ NO11CE OF HEARING TO IMPOSE AND PROVIDE m. co~cno, o~ ~m~ ..cu, sp~c~ ASSESSMENTS 1-1- '- .: : '". '~_~, ~-t q._-.z : ~..~-.._-= _ .~U,- _ ?- ~'~_ - _ - ,.,.~: . _~.. ~ --+ S6K:N K)Sf AUGUSI' 7, 2001 APPENDIX C REVISED IMPROVEMENT CODES APPENDIX C REVISED IMPROVEMENT CODES Code DescriptiOn Cate~lory 60 EFF ClENCY APARTMENT MULTI-FAMILY 101 RESIDENTIAL 1 FAMILY :~ RESIDENTIAL 102 RESIDENTIAL 2 FAMILY : MULTI-FAMILY 103 RESIDENTIAL 3 FAMILY MULTNFAMILY 104 RESIDENTIAL 4 FAMILY MULTI-FAMILY 106 CONDO COMMON ELEMENT NOT USED 107 CONDO FEE SIMPLE ' MULTI'FAM LY : MULTI-FAMILY 170 DORMITORY 220 APARTMENTS LOW R SE MULTI-FAMILY 230 APARTMENTS HIGH RISE MULTI-FAMILY 240 APARTMENTS - TOWNHOUSE MULTI-FAMILY 260 APARTMENTS - SENIOR ~: MULTI-FAMILY 301 RES ON COMM LAND RESIDENTIAL 340 COMMERCIAL MIXED uSE : COMMERC AL 350 IRETAIL SINGLE OCCUP, : COMMERCIAL 351 :~RUG STORE FREESTANDING COMMERC AL 355 OFFICE CONDOMINIUM' ! COMMERCIAL 356 RETAIL CONDOMINIUM ; COMMERCIAL 360 DISCOUNT DEPT STORE. COMMERCIAL 362 VETERINARY CLINIC COMMERCIAL 364 HOME IMPROVEMENT ' COMMERCIAL 365 FURNITURE STORE COMMERCIAL 370 ~DEPARTMENT STORES COMMERCIAL 3711 DOWNTOWN ROW TYPE COMMERCIAL 37~ iRETAIL MULTI OCCUP COMMERCIAL 375 i RETAIL DRIVE-UP' , COMMERCIAL 380 STRIP SHOPPING CNTRi ' COMMERCIAL 390 COMM SHOPPING CENTER COMMERC AL 392 LUMBER STORAGE ' COMMERCIAL 395 TRUCK TERMINAL ~ COMMERCIAL 400 REGIONAL SHPMALL/CNT COMMERCIAL 410 SUPER REG SHOPMAi:L COMMERCIAL 420 , SUPERMARKET : ' COMMERCIAL 430 CONVENIENCE FOOD M~ COMMERCIAL 440 HOTEL/MOTEL BUS NESS COMMERCIAL 450 RESORT' HOTEL : , : COMMERCIAL 'Il, 460 HOTEL/MOTEL LO R SE; COMMERCIAL 470 HOTEL- HI RISE ' : : ~ ,COMMERCIAL 49d OFFICE BLDG LJR 1~8', COMMERCIAL 500 i OFFICE H-R 5ST : COMMERCIAL 520 = MEDICAL OFFICE BLDG COMMERCIAL 530 HOSPITALS INSTITUTIONAL C-1 Code DescriptiOn , Category 540 NURSING HOM'E NURSING HOMES 550 BAR/TAVERN COMMERCIAL 551 3OCKTAIL LOUNGE COMMERCIAL 560 RESTAURANT ' COMMERCIAL 570' :FRANCHISE FOOD COMMERCIAL 580' :BOW.L NG ALLEY' ' COMMERCIAL 582' S~TING RINK' : '~ CoMMERC:AL 583 H~LTH CLUB : COMMERCIAL 587 : COUNTRY CLUB ,, ' COMMERCIAL; 589 : cOUNTRY CLUB~ GOLF CRSE : COMMERCIAL 590 ARENA ' "; :' ; COMMERCIAL: 591 . GYMNASIUM . cOMMERciAL 592 sTADIuM.: . = COMMERCIAL 593 .DOG/HORSE T~CK. ~ COMMERCIAL 594 I :P~CET~CK: ' COMMERCIAL ~ 600 AUDITORIUM ~r : COMMERCIAL~ 610 C NEM~HEATER , COMMERCIAL 61z1. ~ RADiO/TV/PIC STUDIO COMMERC AL~ : I , I : , , I COMMERCIAL~ 615 LEGITIMATE THinER. I 620 BAN~MAIN OFFICE C : i I : ' OMMERCIAL 630 .... NE GHBORHOOD BANK 'I COMMERCIAL ~ i, ~ 640, : iSER~ICE STATION! NO,BAYS , : 641 SERMiCE STATION W/BAyS ' COMMERClAL~ I [ ..... ' ' I r ' ' ; I COMMERCIAL ~50 CAR WASH AUTOMAT~IC' 651 ' .... ' CAR W'ASH- MANUAL![ I 5 , : COMMERCIALr 652~ CARIWASH SERVICE!STATiON COMMERCIAL :, , AUTO SERVICE GA ~ii .... i ~ COMMERCIAL 662 KWIKEUBE: : r ' ,; ,,,. [~ COMMERCIAL' 66,5 ~GA~GE STO~GE! i;,.~ ..' INDUSTRIA~AREH~USE UE :COMMERCIAL, 690 , CLUBHOUSE ' COMMERCIAL,, 6=1g SOO,IAtJF ;PLATERNAL,.... ..... ~ ......... ,,. .......... ' HALL. .... INSTITUTIONAL 695 GUARDHOUSEJ :'' : ' I NOT USED ~ COL,DiSTO~GE I, ,i': I I~' :' RAlUBi~S}/~ tR, I,~TERMII~ A ,I INDUSTRIA~'~RE}-tOUSE 7!2 T~LEC~i,~I~I~i~ ~QUIp t INDUSTRIA~ AREBoUSE 7~t2' '' I [ ..........I MENI : I I : ~EI. JEI=H~N E EQUIPMENT BLDG NDUSTRIA~ AREH©USE ,TELL ~R¥ G,~,R FACILI~I ' 7~i~ { ~ I '~ .... L ........ , : ~]~ ~NSMi~.E~R BLDr iNDUSTRIA~AREIHOUSE 7301 ttl~Vi¢~-~l[~iuT~:~''I , ~ I' , ' ': ' ' C MMERCiAL 750 Auto, DF. AUEPJF:S R IiCE: , ' ,, F CTU ' , , "' fi ~A~U A E {G iNDUSTRIA~ Eli 8~0r ' W,~REHOUISE DIStRIBUtION iN DUSTRIA~ARE~OYSE 30 ~[NI!~EEH~USE~, ~ ~: : }~USTRIA~AREB~;USE : : ; A E S USTRiA ARE OUSE C-2 Code DescriptiOn Cate~]o~ 841 WAREHOUSE SINGLE TENANT INDUSTRIAL/WAREHOUSE 350 'HANGAR ' INDUSTRIAL/WAREHOUSE 860 BARNS NOT USED 861 RESIDENTIAL BARNS qOT USED 870 PREFAB WAREHOUSE NDUSTRIAL/WAREHOUSE 880 :I TECHNICAL MANUFACTURING INDUSTRIAL/WAREHOUSE 900 SCHOOL INSTITUTIONAL 901 COLLEGES / UNIVERSITY INSTITUTIONAL 910 RELIGIOUS INSTITUTIONAL 912 LIBRARY INSTITUTIONAL 920 EDUCATION/REUGIOUS INSTITUTIONAL 930 GOVERNMENTAL INSTITUTIONAL 950 POLiCE/FIRE STATIONS NSTITUTIONAL 960 CORRECTIONAL INSTITUTIONAL 970 CULTURAL FACILITIES INSTITUTIONAL 0100 ~FR RESIDENTIAL 0101 i SFR HMSTD !RESIDENTIAL . 10200 : SFT.MFG RESIDENTIAL 0300 SFR-ZERO LOT RESIDENTIAL :)400 TWNHSE-VlLLA RESIDENTIAL 0402 DOCKUMINIUM NOT USED 0410 TOWNHOUSE RESIDENTIAL 0420 ~ TIMESHARE RESIDENTIAL 0430 ZERO LOT LINE RESIDENTIAL ~440 CONDO MULTI-FAMILY 0500 EXC-ZERO LOT RESIDENTIAL 0510 'CO-OP ~ MULTI-FAMILY 0600 RENTAL UNIT RESIDENTIAL 0700 ! EXC ~HSENILLA RESIDENTIAL 10800 MOBILE HOME RESIDENTIAL 0801 ; MOBILE HOME-EX ~ RESIDENTIAL 0900 EXC-RESIDENT ~ RESIDENTIAL 0901 ~ EXC-RES HMSTD RESIDENTIAL 3909 EXC-LUX,RES . RESIDENTIAL 1000 i CONDO L.RISE 'MULTI-FAMILY 1100 CONDO H. RISE MULTI-FAMILY ;1700 DORMITORY MULTI-FAMILY 2200 MFR LOW RISE . MULTI,FAMILY 0 MULTI-FAMILY 250 MFR ROW HOUSE 2700 iDUPLEX MULTI-FAMILY '2701 DUPLEX HMSTD MULTI-FAMILY 2800 TRIPLEX MULTI-FAMILY 2g00 QUADRAPIEX MULTI-FAMILY 8500 HANGER :NOT USED C-3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ITEM 2 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 [] July 17, 2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.rr~) [] August 7, 200t July 18, 2001 (5:00 p.m.) [] October2,2001 September20, 2001 (5:00p.m.) [] August21,2001 August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) [] September 4, 2001 August 22, 2001 (5:00 p.m.) [] November 6, 200t October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business Announcement Presentation [] City Manager's Report RECOMMENDATION: Approval of a Resolution creating and establishing a program for qualified individuals needin~ financial assistance to pay all or part of the fire assessment levied on their property, and establishing a review process for hardship waiver requests. EXPLANATION: The City Commission recognizes that the special assessment may work a hardship on certain residential property owners in the City, and desires to provide a means whereby affected property owners may request a total or partial waiver of the special assessment for hardship. PROGRAM IMPACT: FISC,4LL IMPACT: ALTERNATIVES: Department Head's Signature James A. Cherof Department Name / City Manager's 8~irgn~ture City Attor~fT'l~mance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A WAIVERS OR PROVIDING WHEREAS, the City Commission of the City of Boynton Beach has adopted Ordinance 01-34, authorizing the imposition and collection :of fire rescue special assessments against property; and WHEREAS, the City Commission of the City of Boynton Beach has adopted Resolution 01-217, which is the Initial Assessment Resolution for the City's Fire Rescue Special Assessment; and, WHEREAS, the Initial Assessment Resolution provides for the imposition of a special assessment upon all real property not specifically exempted within the Initial Assessment Resolution, including all residential prope~ies in the City; and, WHEREAS, the City Commission recognizes that the special assessment may work a hardship on certain residential property owners in the City, and desires to provide a means whereby affected property owners may request a total or partial waiver of the special assessment for hardship. NOW, ~HEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2. The City Commission of the City of Boynton Beach, Florida hereby creates and establishes a program for qualified individuals who need financial assistance to pay all or part of the fire assessment levied on their property or who seek deferral of payment of all or part of the fire assessment on their property. S:XCALRESOYLegislative ActionsXassessrn~nt hardship082801.doe 1 SECTION 3. The City's program for financial assistance shall be commonly referred to as H.E.L.P., Hardship Extension Loan Program. The following types of financial assistance are available, based upon need: B. C. D. Relief from all payments of an annual fire assessment. Relief. from a portion of payments of an annual fire assessment. Deferral of payments of an annual fire assessment. Deferral of a portion of payments of an annual fire assessment. SECTION 4. The following individuals are eligible for financial assistance: A. Residential Property Owners who meet 2001 HHS Poverty Guidelines. Residential property owners that are exempt from ad valorem taxation pursuant to the following Florida Statutes are eligible to apply for a Hardship Waiver or Deferral: 1: Section 196.081, Florida Statutes (totally disabled veterans and surviving spouses of Veterans); 2. Section 196.091, Florida Statutes (disabled veterans confined to wheelchairs) 3. Section 196.101, Florida Statutes (totally and permanently disabled persons) Co Residential Property Owners that qualify for the additional homestead exemption for persons 65 and over authorized pursuant to section 196.075, Florida Statutes are also eligible to apply for the Hardship Waiver Residential Property Owners that are qualified under the Florida Homestead Property Tax Deferral Act, Section 197.242 et al., Florida Statutes. SECTIONS. Eligible Residential Property Owners may submit an application for a Hardship Waiver or Deferral, on a form prepared by the City, with the Finance Department. The Application shall include the following: Ao Documentation demonstrating eligibility for the Hardship Waiver or Deferral through one of criteria exemptions listed in sections A, B, CorD above; B. A copy of the Tax Bill for the subject property; C. Description of the facts and circumstances of the Hardship. S:\CA~R.ESO~Legislative ActionsXassessment hard~hipO82801.do~ 2 SECTION 6. All Applications for the Hardship Waiver or Deferral must be received by the City's Finance Department on or before November 1 of each year in order to be considered for the currently billed assessment. For example, all Hardship Waiver or Deferral Applications for the Fire Rescue Special AsSessment levied in September, 2001 must be received on or before November 1, 2001. Once received, all applications shall be reviewed by :a Hardship Waiver Review Committee. A. The Committee shall be comprised of three (3) members: 1. City Manager, or his or her designee; 2. City's Finance Director, or his or her designee; and 3. Member appointed by City ~.omm~ss~on. Bo The Committee shall review the facts and circumstances to determine whether a hardship exists to warrant a partial or total waiver of the special assessment levied upon the applicant's real property or a deferral of payment of such. The concurrence of all three members of the. Committee shall be necessary to grant a partial or total, waiver or deferral of payment of the special assessment. D. The decision of the Committee is final. SECTION 7. The Committee shall render a written decision and provide such to the applicant. SECTION 8. If a partial or total wmver or deferral is granted by the Committee, the Finance Director shall ensure appropriate documentation is provided to the Tax Collector as to the revised amount of the assessment as to the applicant. SECTION 9. property only. SECTION 10: basis. SECTION 11. then fiscal year. An applicant may apply for a Hardship Waiver as to one An applicant must apply for the Hardship Waiver on an annual A deferral may be granted for no longer than the end of the SECTION 12. When financial assistance is granted pursuant to the H.E.L.P. program, the City shall pay on behalf of the individual who has been ~anted assistance by the Committee all or part of the fire assessment not paid by the individual. The City Commission shall appropriate from general funds a sufficient amo~mt to insure timely payment of an assessment when assistance is granted S:\CA'&ESO~Legislative ActionsXassessment hardship08280t.doc 3 SECTION 13. All resolutions or parts of resolutions m conflict herewith are hereby repealed to the extent of such conflict. SECTION 14. If any clause, section, other part or application of this Resolution is held by any court .of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 15. This Resolution shall become effective upon adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF ~OYNTON BEACH, FLORIDA, THIS DAY OF ,2001. MAYOR COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER ATTEST: JANET PRAINITO, CITY CLERK APPROVED AS TO FORM: JAMES A. CHEROF, CITY ATTORNEY S:\CA~RESOYl~gislative Actions~assessment hardshipO82801.do~ 4 City of Boynton Beach V-ANNOUNCEMENTS & PRESENTA'i/ONS 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 15t' July 20m August 17th Baffle of the Bands: "Orion", "The Trytones" and "Identity Crisis" (Teen Concert) Straight Shooter (Country) Heidi and The El Cats (Acoustic Blues) September 21~t Island Heat (Calypso/Soca) October 19th 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 V-ANNOUNCEMENTS & PRESENTA'r~ONS Literacy in the 21st century means having a broad range of skills that include reading, writing, math, critical thinking and speaking in English. For businesses, literacy also includes such workplace basics as using computers, working on teams and making decisions. A literate workfome is essential to the local, state and national economy and effects economic competitiveness in a global market. An estimated 90 million adults in the United States do not have the literacy skills required to fully participate in society at an estimated cost of $225 billion a year in lost industrial productivity, unrealized tax revenues, welfare, crime, poverty and related social ills. In Palm Beach County, some 22 pement of adults function at the lowest level of literacy. The City of Boynton Beach supports the Palm Beach County Literacy Coalition in seeking to engage citizens in programs that further literacy in our City and county. To promote the learning of basic skills, elementary school children and staff throughout Palm Beach County will celebrate on September 7 by wearing Read With Me stickers and on September 22 many businesses will compete in the Co.alition's 'Great Grown-Up Spelling Bee" to raise literacy awareness. Local celebrities will participate in a Read-A- Thon on International Literacy Day on September 8. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the month of September 2001 to be observed as: "Literacy Awareness Month" in the City of Boynton Beach and call upon all our citizens to read with their children 20 minutes a day and to contact the Palm Beach County Literacy Coalition to acquire information on literacy. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to he affixed at Boynton Beach, Florida, this 4th day of September, Two Thousand and one. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) Requested City Commission Meeting Dates VL-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 [] July 17,2001 July 5, 2001 (5:00 p.m.) [] September 19, 200l September 5, 2001 (5:00 p.m.) [] August 7, 2001 [] August 21,2001 [] September 4, 2001 NATURE OF AGENDA ITEM July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] [] City Manager's Report September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m--'~. October t7,2001 (5:00 p.~.~ Development Plans New Bus.ess Legal U~ished Bus.ess Presentation RECOMMENDATION: Motion to rehabilitate Lift Stations g601, 604, 606, and 901 at a cost of $348,946.50 based on the unit pricing awarded to Trio Development Corporation, Bid#094-2821-001/CJD; and rehabilitate Lift Station #602 at a cost of $116,385.00 utilizing the "piggy-back" of Broward County, Contract #N-7-00-162-B1, awarded to W. Jackson & Sons Construction Company. EXPLANATION: On November 21, 2000 Commission awarded Trio Development Corporation, Bid#094-2821- 001/CJD for unit pricing of Potential miscellaneous work at can pump stations. Procurement Services received a request from Utilities Department to utilize this unit pricing for rehabilitation of Lift Stations #601, 604, 606, and 901. The Trio Development Corporation unit pricing costs based on the bid are $320,985.50, plus $27,269.00 for electrical and miscellaneous materials cost not covered in the bid. This rehabilitation will take the old existing can stations and convert them into submersible type lift stations. In addition, Utilities Department is requesting to "piggy-back" Broward County, Contract grN-7-00-162-B1 awarded to W. Jackson & Sons Construction Company for the rehabilitation of Lift Station #602. The rehabilitation at this lift station exceeds the provisions of the unit pricing in the Trio Development Corporation bid. Lift Station #602 requires a new wet well to be installed in addition to the rehabilitation work. PROGRAM IMPACT: Tl~e Utilities Department annually, through th.e renewal and replacement budget, rehabilitates the old existing can stations and converts them into submersible type lift stations. FISCAL IMPACT: Funds are available in the FY2000/2001 budget as follows: Account Description Account Number C-I-P/R & R Sewer 405-500-590-96-04 Project #SWR081 ' ~5'~puty Director of Financial Services Amount Procurement Services Department Name City Attorney / Finance / Human Resources cc: John Guidry- Utilities Department S:~BULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC TO: FROM: Bill Atkins, Procurement Services Mark G. Law, Deputy Utilities Director MEMORANDUM UtilitieS #01-175 DATE: August 6, 2001 SUBJECT: Agenda Item - Can Station Rehabilitation City of Boynton Beach Bid #094.2821-001/CJI) Broward County Repair/Maintenance #NT00162B2 The Utilities Department annually, through the renewal and replacement budget, rehabilitates the old existing can stations and converts them into submersible type lift stations. We have identified five (5) lift stations for rehabilitation, Lift Stations 601,602, 604 and 606 in Leisureville and 901 in Banyon Springs. Due to the type of work involved, we are using two different bids to accomplish this task. Lift Stations 601,604, 606 and 901 will be priced based on the contract award in Bid #094-2821- 001/CJD to Trio Development Corporation, Commission approved an mount of $250,000 in November 21, 2000. These four lift stations are typical in the construction rehabilitation methods from can type to submersible type. The line item pricing identifies this type of work. The Utilities Department is recommending piggybacking the Broward County contract that has been awarded to Jackson and Sons Construction Co. for the rehabilitation work to Lift Station 602. The necessary rehabilitation work at this lift station exceeds the City's line item pricing agreement with Trio Development Corporation. Lift Station 602 requires a new wet well to be installed along with the rest of the rehabilitation work. The proposals also include approximately $27,269.00 total for electrical work and $18,077 for miscellaneous work for all the lift stations involved. That work was not covered by line items in either bid. We have negotiated with the contractors and we recommend the additional work be approved. Bill Atkins August 6, 2001 Page 2 Lift Station Trio Broward Electrical Miscellaneous Total Development County Line Item Bid Piggy-back #601 76,420100 4,850.00 2,000.00 $83,270.00 #602 99,000.00 7,308.00 10,077.00 116,385.00 #604 71,100.00 4,830.00 2,000.00 77,930.00 #606 66,680.00 5,451.00 2,000.00 74,131.00 #90 ! 106,785.50 4,830.00 2,000.00 113,615.50 Trio Development Corporation's proposal for the four lift stations, 601,604, 606 and 901 total $348,946.50. Jackson and Sons Construction proposal for lift station 602 is $116,385.00. The total Utilities project for rehabilitation of the five stations is $465,331.50. Funds are available in account ff405-5000-590-96.04, SWR081, Convert Dry Pit Pumping Stations to Submersible. Please present this at the nextrCommission meeting for Commission approval. If this recommendation is approved, the necessary bond will be forwarded before the purchase order is issued. If additional information is needed, please contact me at ext. 6403 or Tony Lombardi at ext. 6421. XC: Tony Lombardi Jim Hart Dale Sugerman Barb Conboy 8u~ 03 O1 12:12p TRIO DEVELOPMEMT (854)971-0030 DEVELOPMENT CORPORA TION t701 I~.W. 22nd Court Pompano Beach, Florida 33069 Phone (954): 971-2288 Fax (954)i 971-0030 August 2, 2001 Mr. Tony Lombardi Ob/of Boynton Beach i24 East Wooibright Road Boynton Beach, FL 33425 Re: Lift Station #601, #604, #606 and #901 Bid No. 094-2821-00/C.3D Dear Nr. Lombardi: Please find attached the cost to rehabilitate the above mentioned pump stations under the Contract No. 094-2821-00/C]D. Lift Station #601 Lift Station #604 Uft Station #606 Lift Station #901 Total $ 83,270.00 $ 77,930.00 $ 74, t31.00 $!..1.3,615.50 $348,946.5O We are looking forward to working with you. Yours truly, Lawrence R. Shortz TRIO DEVELOPMENT CORPORATION LRS:scb Enclosures Ruc 03 O1 12:12p TRIO DEVELOPMEMT (954)971-0030 ITEM 1 ~ Trenc.h sa_feW system (5 to ~ Feet) ... 2 i Tre~_ch..S__afety system (7 to ~0 Fee~).. 3 t T.r. ench Safety system (10 _F_eet +). 4; c0ncrete. S!dewalk_.Repair (o..t.0 20 SE) 5 Concre~_e Sid_e_w.~lk Repair (20+ SF) ......... _6-Aspha. lt_ReP_ai_[(_0 to 100 SF) . 7 !Asphalt Repair (100+ SF) ._ 8 [Sod Repair- .............. i ..9. i Pump I _nstal!at_i_o. n (0 t_o.9 HP) ! 10 I Purep Installation (t0 to 15 HP) "11 [Pump Installat!0_n (16 tO 25 HP) i 12, Bypass Pumping (5 HP) i !3_ Bypass pum.pipcJ_.(!0.~ ~?) 14~ Bypass Pumping (25 HP) 15 ] Exc.ayation (~_.t..o"_5 F_ee_t._Deep) .. 161 Excavation (5 to 10 Feet Deep) 17 [ Excavation (t0 to_..1_ 5 Fee_~_De~P) 18. Lp_[p_e in~!!ation_.(..42.!nch _D_!_a_m. eter) ._~_9. Pipe InstaJ!ation (6-Inch Diameter) .... 20: _.P_ !_p.e. . Ins_t_a.!!ati°n (8-!~ch D!_a_~eter). ,. 2.1._ Cogc_r.e_te _s_ tz.u.ctu re..!~m_p_ love .m. _e.ots, ...[ Lid_R~plac~ment .................... · 221Concret_e__Str~.c_t.q~'e ImPro".v. ement_s_, i Tube Replacement 23 [Remove/Reinstall - Chain Link Fence 24 ~ Remove/Reinstall - Wood Fence Miscellaneous Materials i Electrical Subcontract Total of Bid Items CITY OF BOYNTON BEACH LIFT STATION # 601 Bid No. 094-2821~00/CJD UNIT UNIT COST LF LF LF SF SF SF SF SY EA-ST F_A-ST EA-ST DY DY DY CY CY CY LF LF LF F_A-ST LF LF LF LS LS 2.00 4.00 4.00 20.00 10.00 5.00 4.00 3.00 800.00. 1000.00 1200.00 300.00 350:00 400.00 110.00 125.00 200.00 100.00: 110.00 ~ 120.00~ 5000.00 3350.00 25.00 35.00 QUANITY EXTENDED COST 20.00 .... 40.00 0.00 ' 0.00 0.00 250.00 2500.00 · 0.00 0.00 30.00 0.00 113.00 800.00- 0.00 800.00 0.00 0.00 9000.00 ~ 0.00~ 0.00 t2430.O0 56.00 0.00: 2O.00 0.00 7000.00! 0.00 2000.00 0.00 0.00~ 1.00[ 5000.00 11.00 36850.00 ': 0,00 ~ 0.00 2,000.00 ' 4,850.00' $83,270.00 ' RuC 03 O1 12:13p TRIO DEVELOPMEMT (9S4)871-0030 p.4, CITY OF BOYNTON BEACH LIFT STATION # 604 Bid No. 094-2821-00/CJD _ITEM 1 1Trench.Safe~ .~y?~m. (5 to 7 Feet) 2 Trench Safety System (7 to 10 Feet) 3 Trench Safety System (10 Feet +) .... 4 i Concrete Sidewalk Repair (0 to 20 SF) 5 i Concrete..S. idewa!k ._Repair (~0+ SF) 6 i.ASPhalt Repair (0 to 100 SF) 7 !,.Asphalt Repair (100+.SF) 8 Sod Repair 9iPump Installation (0.,to 9 HP) !p 10! ump Installation (10 to 15 HP) 111 Pump Installation (16 to 25 HP) 121 Bypass Pumping (5. HP) 13 Bypass Pumping (10 HP) 14~. Byp_a_.s_s p U mPing_ (25_ _H.p_ .} ....... 15 · Excavation (0 to 5 FeetDeep) 16 Excavation (5 to 1.0- Fe_e.t._D_e?p).' 1.7... E~cava_t!.o_n. (1..0.~0' !.5 Feet Deep) 18 ~ Pipe Installation (4-inch Diameter) Lid Replacement .......... !Tube RePlacement ..... 231 Remove/Reinstall - Chain Link Fence 24 Remove/Reinstall - Wood Fence UNIT UNIT COST QUANfTY LF LF LF SF SF SF SF SY EA-ST EA-ST EA-ST DY DY DY CY CY CY LF LF LF EA-ST LF LF LF EXTENDED COST 2.00 20.00 40.00 4.00 0.00 4.00 0.00 20,00 0.00 10.00 50.00 ~ 500.00 5.00 0.00 4.00 0.00, 3.00' . 0,001 800.00 ] 0.00~ 1000.00 1.00 ~ 1000.00 1200.00 0.00 300,00 0.00 350.00 30.00 10500.00 400.00: 0.00 110.00 125.00 62,00 i 200.00. 2.50! 100.00 20.00 i 110.00 ~ 120.00 106.00- ii660.00~ 7750.00 500.00 2000.00 0.00' o. oo! 5000.00 1.00i 3350.00 25.00 35.00 5000.00 9.00 30150,00 80.00 2000.00' 0.00~ i Miscellaneous Materials I Electrical Subcontract Total of Bid Items LS LS 2,000.00 4,830.00 $77,930.00; Ru~ 03 O1 12:13p TRIO DEVELOPMEHT (954)971-0030 p.5 CITY OF BOYNTON BEACH LIFT STATION # 606 Bid No. 094-2821-00/CJD ITEM 1 Trench Safety S.Y?e.~.. (5 to 7 Feet) 2 ! Trench Safety .S_y_s_t_e_m_.~.t0_ !0 Feet) : 3: Tren_c.h.Saf..e~_Sy_?.~m_!to Feet +) ! 4.. C°__n_?_re_~t~__Sj_d_e_walk_._~_e_pair (0 to 20 SF) 5 i Concrete Sidewalk.Rpp.a.i~ (~_0.~ SF) ~_._6..i.,~_s_phalt Repair (~).t..o_...~..0__0....S_F).. !...__7___!...A._S.l~h_a!_t Repair.(!O0~'. S_F_~ ..... 8 i S~l .R. epa!r .......... 9 ~Pump Installation (0 to 9 HP} lO ! p~mp InstaLlation i16-i0 15 H") 11. Pump I~sta!iation ·(16 t° 25 HP) .. 12! Bypass Pumping (5 HP) .... · 1.3.! Bypass Pumpin. g (10 HP) i 14 Bypass Pumping (25 HP) ?._5.[ E._x.._~...~..fi.o_n.~O. t° 5. Feet Deep) 16.~ Ex_c. avat_i_0..n_ (5__L° l_O~__ee_~ _Deep) . 17 i Excavation (10 to 15 Feet Deep) 19 Pipe Installation (6-!.n..~c~ Diameter) 2.0_ :....PiPe Installation (8-Inch Diameter) 21 'Concrete Structure Improvements _._ !. Lid Re..p_l~C~..ment 221 co~cre_te_S__tr_u.c..t_.u_[? Imp. r_.o..v_e _m_ents, Tube Replacement 23 Remove/Reinstall - Chain Link Fence 24, Remove/Reinstall - Wood Fence Miscellaneous Materials Electrical Subcontract Total of Bid Items UNIT UNIT COST LF LF LF SF SF SF SF SY EA-ST EA-ST EA-ST DY DY DY CY CY CY LF LF LF ' EA-ST LF LF LF LS LS QUANITY EXTENDED COST 2.00 40.00 80.00 4.00' 0.00 4.00 0.00 20.00 0,00 10.00 425.00 5.00 4.00: 3.00: 800.00 1000,00 1.00 1200.00 300.00 350.00; 400.00: 125.00' 200.00~ 100.00 110.00 120.00 4250.00 0.00 0.00 0,00 0_00 1000.00 0.00, o.ooi 30.00 10500. O0 ~ 0.00 80.00- 8800.00- 47.00! 5875.00, 2,501 500.00{ ; 0.00~ 20.00', 2200.00' 0.00~ 5000.00 3350.00 25,00 ! 35.00 1.00 5000.00 8.50i 28475.00 0,00 0.00 2,000.00' 5,451.00{ $74,13~.00 RuE 03 O1 12:13p TRIO DEVELOPMEMT (954)971-0030 p.S' ITEM ...! Trench Safety~ystem.(5 to 7 Feet) ... 2. Trench s~e_ty_sys, t.em (7 to 10 Feet) ..3. Trench saf.e, ty_.,syste_m....(lO Feet +) ..... 4 concrete S!_d_ewalk Re_pair (0 t0.?.0 SF) _5__C..oncrete Sidew~!~ Repa!.r_.(.20+ SF) ' ...._6~_A. spha!t RePair (0. t_0- ..100.~_.F) 7 Asphalt Repair (100+ SF) ....8. ! .S~_d_ Repair 9- Pump Installation (0 to 9 HP) ...~!_0/. P.u_..m_P !.nstal!ation (10. ~t?_..1_ 5 HP) ~!.. ~1.1, pump Installation .(!6 t° 25 HP) !_2 [ Bypass Pumping (5 H.P.)_ 13 i Bypass..p.umping (10 HP) ,. 14 i Byp~~ Pt~m___p!ng (25 HP) ..... i 15 j. ~xcav_a~_on (O t0.5._Feet .De~p) · .! 61Exc_a?_..ation (5 to 10 F._e~._t Deep).__. 17 Excavation (10..~[_o 15 Feet Deep) 18 Pipe.!~_sta!l_a..t_io~ (4-Inch Diame~_e_r) ._:!9?ipe Insta_!lation (6-1n?~_D_!amete.r)... : 20.! Pipe I~_st_~llat!o~. (8-Inch Diameter).. L 21 Concrete Structure Jmprovernents, ' Lid Replacement [_2.2 Concrete Structure Improvements, ' Tube Replacement · ~3 Remove/Reinstall - Chain Link Fence 24 i Remove/Reinstall - Wood Fence Miscellaneous Materials ,. El _e~_tr_ica/. S _ubcontract Total of Bid items CITY OF BOYNTON BEACH LIFT STATION # 901 Bid No. 094-2821-00/CJD UNIT UNIT COST LF LF LF SF SF SF SF SY EA-ST FA~ST EA-ST DY DY DY CY CY CY LF LF LF 2.00 4.00 4.00 20.00 10.00 5.00 4.00 3.00 800.00 1000.00 1200.00 300.00 ~ 350.00 400.00 125.00 200.00 100.00 110.00 120.00 EA-ST 5000.00 LF LF LF 3350.00 25.00 35.00 LS LS QUANITY EXTENDED COST 20.00 0.50 14.83- 70.00. 40.00 0.00 0.00. 0.00 0.00 0.00 0.00 0.00 0.00 ...... !:00 .1000.00 ~ 0-00 0.00 42.00 14700.00 0.00~ 139.00 15290.00 85.00 10625.00 46.00 9200.00 20.00 2000.00 0.00~ 0.00~ 2500.00 49680.50 1750.00 0.00~ 2.000.00- 4,830.00_: $1 t3,615.50 Jut 1-? O1 02:18p TRIO DEVELOPMEMT (954)971-0030 p.2 .luly 17, 200::[ Mr. Tony Lombardi City of Boynton Beach I24 East Woolbright Road Boynton Beach, FL 33425 Re: Boynton Beach Uft Station #602 Dear Mri Lombardi: Attached, please find our proposal under the Broward County'Repair and Maintenance Contract (#N700162B2) to update the above mentioned lilt station by installing a new 8 foot diameter wet-well and Conve~ing the existing wet-well into a terminal manhole. A copy of our cost breakdown is attached. Please do not hesitate to call if you have any questions. Yours truly, Edward R; Foss W. JACKSON & SONS CONSTRUCT[ON ERF:scb Enclosures W. JACKSON & SONS CONSTRUCTION CO. 1888 N,W. 21st Street, Pompano Beach, Florida 33069. Broward (954) 973-30601 24 Hour Emergency (954) 973-3405 / Fax (954} 960-I679 Jul i? O1 02:18p TRIO DEVELOPMEMT (954)G?1-0030 p.3 d 0 > 0 0 LI.I 0 Jul i? O1 02:18p TRIO DEVELOPMEMT {S54)971-0030 BOYNTON BEACH LIFT STATION #602 Materials Structure Tremie Seal, Materials and Straps Miscellaneous Materials Subtotal $6,437.00 1,640.00 2,000.00 $10,077.00 Subcontractors Electrical $4,838.00 Cores 600.00 Bitumastic Paint 1,870.00 Subtotal $7,308.00 W. JACKSON & SONS CONSTRUCTION CO. 1868 N.W. 21st Street, Pompano Beach, Flodda 33069, Broward [954) 973-3060 / 24 Hour Emergency (954) 973-3405 / Fax (954) 960-1679 3an 10 01 11:13a TRIO DEVELOPMENT (854)871-0030 p.4 OeGember ~, 2O00 1~591384191 0 W. Jacksm & Sons Construct/on 1888 NW 21" Street Pompano Beach, FL 33069 CORRECTED COPy Attention: Thomas Jackson, Secretary / Treasurer Roferenoe: Bid ~tN700t 62B2 for Emergency Installation and Repair 8ervk=e for Water and This is to confirm that Board of County Cornrnissioners at its mee'dng held on November 14, 2000, under Agenda Item No. 11 has aooepted your Bid on the above, referenced Anoted.Bid tabulation of ali Bids received is enclosed, with item(s) awarded to your firm as ,.Th.e,,!.?~ial Contrac~ ~s in effec~ for the period beginning Jan. 6, 2001 and ending Jafluafy ' 5, ~.-~'lD~chase Order(s) will be placed as and when required, A co~y of this Not~, with a copy of you~ 8id. including all t~erm, s and oonditions, is being forwarded to eli USirlg Agencies. Thank you for your iKiz, Test in doing business with Broward County. Sincerely, GLENN R. CUMMINGS, Director Purchasing/~,ion ~ Purcha~Jng Agent Il Con~~ cc:. Stephen Aubrecht. Environmental Engineering (OE8) GRC: 8pg Jan 10 O1 ll:13a TRIO DEVELOPMENT (GS4)G?I-OO30 p.5 /TEMS 24THpOUGfl 37 RESTORING THE PURP~ OF ITEFAS 24. - $7 I~ TO PROV/(N; A MEAN8 OF RESTORING ,SURFACES AFTER UTiUTY EXCAVATIONS HAVE BEEN EIACKFILLED UNDER ANY ITEM ORA$ A 9F.;PARATE BEAN& TO DIRECTLY REal'ORE ~LIRFACE$ AFTER UTILITY EXCAVATION I~' OTHER~ HA~ BEEH COMPLETED, OR AS OI:HERWISE DIRECTED BY THE CONTRACT BRr..,~. CON~..~.-' '-_.' ._'.-~'-': ~ _ ~ BY THE CONTRACT ADMINISTRATOR. ALL ROAD AND u~t:: c, t ~i,;~N F'AVEMENT RESTORATION ,~-IALL BE MADE ACCORDING TO CTFY, COUNTY (REFERENCE P..~3~ 16 OF 53), FLORIDA DEPARTAfI~T OF TRANSPORTATION SPECIFICATIONS, (~TANDARD SPEClRCATION~ FOR ROAD ANO BRIOGE CONb"TRUCTION~ WHERE APPLICABLE. RESTORATION OF SOD SURFACE, TOP SOIL AND PEA ROCK SURFACE SHALL. BE MAD~ SO THAT,ALL SURF, S ARE LEFT IN Ti.in CONTRACT ADMINib"TRATOR. TEMPORARY PA'rc~NG ~ SE INb"'FALLED AT LOCATIONS DESIGNATED BY THE CONTRACTADMINISTRATOR TO MAIN'tArN SaFE TR~FIC CoNomoNs. METHOD OF MF-~UREMENT THE NUMBER OF TONS OR. SQUARE OR CUBIC YAIR~ A~ DIRECTED BY THE CON'I"R~CT ADMINISTRATOR. BASIS OF PAYMENT TONS OR ~:KJARE OR CUBIC YARDS OF MATERIAL INSTALLED OR USED. ITEMS. 1 THROUGH HOURLY LABOR 913990010000 N! IMR;:I) 2. 900 HOURS 3. 1300 HOURS NAME OF BIDDER - DESCRIPTION & GOMMODITY CODE FOREMAN 013,990010010 COST , 9139g0010020 91399001003O TOTAL BID AMOUNT, ITEMS 1-30NCLUSlVE) TOTAL , ¢/, a.¢O' Jan 10 O1 11:14a TRIO DEYELOPMENT (S54)S?l-O030 BID ITEM ESTIMATE COST TOTAL 913 99 OR EQUAL, MINlldUt~ 91:3990020030 7. 40 Hou~,s BULU3OZER ~ ,2. o, '~ CAr D-3 OR EQUAL, MINIMUM 913 99 OO2 O040 8. gO HOUR~ ~ DRUM COMPACTOR ~ WACKER W 74 OR EQuN. 913 g9 OO2 005O VIBRATORY PLATE COflP^CTOR WAC~.R VPR 1740 OR EQUAL 9t 399 O02 OO6O ~ OR. EQUAl., MileI4UM MF. ANS ~ CONTRACTOR MAY USE A LARGER PIECE OF E~.IIPMENT THAN UNIT ~I~'ClFIEO. TO BE CHA"I~ AT COb~T' PER HOUR OF UNIT EPECIRED. 10. 8 HOuRs. VnCUUM TRUQ< $ ,~S'0, '~ 913 99 O02 OO7O 11. a HOURS T~'~. ~ $ 913 99 002 0O8O 12. 8 HOUR~ GENERATOR WITH MASS LIGHTING 913 99002009O 13. 25 HOURS FLAT I~EO TRUCK U~OER 25,000 LBS. GVW n. J13 gJl 0O2 010o 3~n 10 O1 ll:14a TRIO DEYELOPMEMT (854)971-0030 p.? PREVIOUS ~CTtlIP,-~I.11~3.B1 (com~ua~) DESCRIPTION & ITEM E.TrlMATE COMMODITY CODE 1 ~IBEg__~t la~,r~.rv ....... COiF TOTAL 913 99O020110 ~ 15. 450 HOURS 16. 8 HOURS 18, 8 HOURS 19. 70 NOUNS 20. 40 HOUlttS 21. 80 HOURS ½ TON PIcttup ~ $~ /4~. =''~ L~~ UNDER 10,000 LBS. GVW ~' ~ 913 99 002 0120 913 g9 0O20130 100 C.F.M. AIR COMPRESSOR v~qTH HOS~_ AND ~ 91399O020140 3" CENTRIFUGAL Pu&~p WrTH $0-FOOT m~ HOSE 9;3 g9 002 0150 3" DIAPHRAGM PUMP WITH 50-FOOT .~ ,/o." D~SCHA;~ HOSE 913 g9 002 0160 4" H~RAUUC PUMP VaT. 400' OISCHARGE HOSE 913 99 002 0170 6" HYDRAUUC PUMP WITH 400' Dk~,HARGE HO,~E 913 99 002 0180 8" HYDRAUt,IG PUMP WITH 400' DISCHARGE HOSE 913 99 002 0190 L WELL Po~rr EOUU=MENT UP ;O _~ AO. ~ 150 Po~rrs ~ ;NCLUmNe - 913 gg 002 0200 TOTAL Jan 10 Ol 11:14a TRIO DEVELOPMEMT (954)971-0030 p.8 ITEM E~TIMATE RESTORATION ITEMS 24 THROUGH 37 DESCPJPTION & COMMODrrY CODE 25. lOOsavO. 913 99 003 0010 I.-1NCH ASPHALTIC CONCRETE WITH 8-1NCi. I UMEROCK I~SE 913 99130 3O02O WITH 16.-INCH I. IMEROCK 913 99 OO3 O030 2-INCH ASPHALTIC CONCRETE WITH 12-INCH UlVlER(X~ BASE g13 99 003 0040 28. 100SO YD. 2-INCH ~HALTlC CONCRETE WITH 24*INCH LI~.ROC~ 913990030050 29. 100sOYo. ~CFJaEm oF4qNCH CONCRETE 81DEWALK 9t3 99 003 006O 30. 100SQ'vo. REt=I. ACEMENTOF6-tNCH $_ _//. =At CONCRETE S{DEWALK 913 99 OO3 0070 31. 1110SQYD~ R~I~,Ci;~ O; SOD SURFACE 913 99 003 0080 82. 100 CUYI~. R~Em' oF TOP SOIL 91399003O090 Jan 10 O1 11:1~a TRIO DEVELOPMENT (954)971-0030 p.9 ITEM E DESCRIPTION & 9~$ 99 0O3 0100 34. ~ENT OF STABIUZER' ROCK SURFA~[ 913 99 003 0110 10 TO~ ASPHALT SURFACE COURSE 913 99 0O3 0120 120CUyo. DRAINA~, 3/4 ROCK 91399 003 0130 100 CU YD. CONCPJ~TE- 3,750 913 g9 0O3 0140 To'rAt. mo AMOUNT, rn~Ms 2~..1/' 37. 1-3 4-23 GRAND TOTAL BID AMOUNT ITF.~S ~ THRU 37 AMOUNT OF Jan 10 O1 ll:lSa TRIO OEVELOPMEMT (954)971-0030 p. lO f. ~ THE I~A ~L IN THE ABO~: ~ _ I~O~N~?RODUCT PA CKAGEO AN~ 8HIPPED IN ~ TERIAL CONTAINING RECY~ DO YOU QUAUFY FOR THE LOC;AL Pi~*ERENGE DO YOU QUALIFY FOR THE DOMESTIC PARTNER CLAUSE Jan 10 O1 11:15a TRIO DEVELOPNEMT (954)971-0030 poll ~R WL'~ Pa4.~ ~.~m~ CmmTm~? ~r' yes · mdb /FB, W~ CC)UlfrY'I)OF.8 NOT HAVE THE CORRECT ............. MAK~~TE~T/ON~ ON ~ W~S-PB~7,AUG200O Jan 10 01 11:1Ga TRIO DEVELOPMEHT (954)871-0030 polP E-T 'c~ -1UIOI _TR.#CH SAFETy, A~T THI~ FORM MUST BE COMPLETED AND 5UBMrrrED WITH BID FOR BID TO BE DEEMED RESPONS?VF_ ...... v~v.Nv, ~a r L~;]/~ $ OWN 8T/~)ARD~. --~rs,, eib, C~TATION ~ P~C~ --7-- Jan 10 O1 11:13a TRIO DEYELOPMEHT (S54)971-0030 p.3 COYEP, AGI~ ~ VI.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM NATURE OF AGENDA ITEM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] July 17, 2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001 [] August 7, 2001 July 18, 2001 (5:00 p.m.) [] October 2, 2001 September 20, 2001 (5:00 p.m.) [] August21,2001 August8,2001 (5:00p.m.) [] October16,2001 October 3, 2001(5:00 p.'~.) [] September4,2001 August22,2001 (5:00p.m.) [] November6,2001 October l7, 2001 (5:00 ) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal -- [] Bids [] Unfinished Business [] Announcement [] Presentation [] . City Manager's Report Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) RECOMMENDATION: MOTION to approve an ANNUAL CONTRACT FOR JANITIORIAL SERVICES AT THE EAST WATER TREATMENT PLANT from RESPECT OF FLORIDA in the amount of $15,429.11. EXPLANATION: Procurement Services received a request from Utilities Department to extend the non-binding contractual agreement with Respect of Florida. RESPECT is a service mark for the Florida~- Association of Rehabilitation Facilities, Inc., an organization that provides useful, productive and gainful employment for the blind and other severely handicapped individuals. In accordance with Florida Statutes, Chapter 287, Part I, competitive bid requirements are exempt when using this agency for commodities and services. Utilities Department has used RESPECT of Florida since 1996 for contractual janitorial services and has found them to provide acceptable janitorial services. PROGRAM IMPACT: This annual contract will allow the continual use of RESPECT of Florida for janitorial services and provide employment opportunity for the handicapped. FISCAL IMPACT: Funding for the janitorial services will be provided through Utilities Department/Public Water Operations account as follows_: Account Description Other Contractual Services Account Number 401-2811-536-49-17 Budget Amount $ 15,429.11 ALTERNATIVES: To seek other contractual or personnel resources to perfor]n the janitorial services. Deputy Director of Financial Services r- ~it~ Manager's Signature Procurement Services Department Name John Guidry - Utilities Department File. _. S:~BULLETIN~ORMSL&GENDA ITEM REQUEST FORM.DOC -_ AGREEMENT :.?. THIS AGREEMENT, is entered into on this day of ,2000, between the City of Boynton Beach, hereinafter referred to as "the City", and the FlOrida ~ Florida ~s "F; terms, and conditions hereinafter specified. .WHEREAS, Section 60E-1.005 of the Florida Administrative Code creates within the Department of Management Services, a central not-for-profit agency designated as the commissiOn for pumhase from Blind or Other Severely Handicapped (hereinafter "COmmission"; and WHEREAS, the Commission contracts with the Florida Association of Rehabilitation Facilities, which operates a program under the registered service mark, RESPECT of Florida; and WHEREAS, Section 413.036, Florida Statutes, requires procuring agencies to procure services and commodities under the guidelines set forth in the rules and regulations of the Commission; and . WHEREAS, the City of Boynton Beach is a municipal corporation organized and existing under the:laws of ~he State of Florida, and is desirous of receiving services and or commodities under the rules and regulations of the Commission. NOW THEREFORE, be it agreed that the City and the Florida Association of Rehabilitation Facilities, Inc,, RESPECT of Florida Program, hereinafter RESPECT of Florida, do hereby enter into a contract for janitorial services under the terms and conditions set forth herein: PROJECT 'DESIGNATION. RESPECT of Florida is retained by the City to perform ~rial services at the East (inclusive of Administration Building) and West Water Treatment Plants. e SCOPE OF SERVICES. RESPECT of Florida agrees to perform the services, identified on Exhibit "A" ~ttached hereto, including the provision of all labor, materials, equipment and supplies~ TIME AND TERM. OF PERFORMANCE- Work under this contract shall. commence upon execution of this Agreement by each party; The term of this Agreement shall be for a period of one (1) year, With an option to renew for an addition..al year. Should either party to this Agreement wish to not.renew the Agreement rotan additional one (1) year term, said party shall notify the other within thirty (30) days prior to the expiration of the one (1) year term. Otherwise, the Agreement shall automatically renew. The maximum term of this Agreement is two (2) years from the date of the Agreement. PAYMENT. RESPECT of Rodda shall be paid by the City for completed work and for serviCes rendered under this agreement. Payment for the work provided by RESPECT of Flodda shall be made as provided in Exhibit "B" attached hereto at the annual RESPECT of Florida's records and by pedod of three (3) years after final Jpon request. the PECT of Florida shall, in performing the ly observe and comply with all that are applicable to Agreement. IN all pro FlOrida. Flodda shall indemnify, defend and hold employees, from and against any and including attorneys fees and the employees, or damage to : act, omission Or failure of RESPECT of INSURANCE. RESPECT of Flodda shall secure and maintain in force throughout the duratiOn of this contract insurance in compliance with the Insurance Advisory FOrm attached hereto as Exhibit "C," or as approved by the City's Risk Management Department. IN RESPECT of Flodda and the City agree that is an independent contractor with respect to the services provided' pursuant to this agreement. Nothing in this agreement shall be co ~ relationship of employer and employee between the RESPECT of Flodda nor employee of RESPECT of Flodda shall be entitled to any benefits accorded City employees by virtue of the services provided under this ag reement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industdall insurance program, otherwise assuming the duties of an employer with respect to RESPECT of Florida. or any employee of RESPECT of Fl°d~a.: COVENANT AGAINST CONTINGENT FEES. RESPECT of Florida warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for RESPECT of Flodda, to sol!cit or secure this:cod{ract;'and that he has not paid or agreed to pay any company or person, COl contingent upo ~of this contract; For or 10. work 11. work 12. 13. ly any other TERMINATION, The City reserves the dght to terminate this agreement at any time by giving twenty (20) days written notice to RESPECT of Flodda. 14. DISPUTE$~ Any dispute out of the terms or conditions of this agreement shall be adjUdicated within the courts of Florida. Further, this construed under Florida' Law, and venue for any liti~ BeaCh Count, Florida. 15. NOTICES;.. NOtiCes to the City of Boynton Beach shall be sent to the following address: CITY OF BOYNTON BEACH] 100 E. BOYNTON BEACH B~IULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 A.TTN: Utilities Director Notices to. Consultant shall be sent to the following address: RESPECT of Flor~d~ 247~ ~alachee ParT~ay, Suite 205 Tallabassee, Florida 32301-4946 ATTN: Dianne J. Hioosr Senior Contracts Specialist 16. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stdcken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by wdtten instrument signed by both the City and Consultant. DATED this day of 19 M~yor / "~:~ ~_S ~.,~ ~ -- A.. ,,^. ~---~: ,--.d. .N\%\\?IilIIIIIlIA Tit, e .~~~.~ ' ~ (Co.rate Seal) Ci~Cle~ - ~ ~0~ Approved as to Fo~: ~//// ~LO~~ ., ~' Aff~EAu~enti~t~: Office of ~e Ci~ A~omey ~ No t a r7 s:ca~reements~Janitorial Agmt- RESPECT Barbara M. Madden '~CommiBiofl ~ CC 760467 _CITy_ OF BOYNTON BEACH WATER TREATMENT PLANT SCOPE OF SERVICES EAST Plant - 3 days - Monday, Wednesday, Friday First Floor: 1. Main lobby Sweep and mop, sweep carpet at front door 2. RestrO°ms 3. Lunch Room 4. Hallways 5. Conference Room Sweep, mop, empty trash, clean toilets, clean mirrors Sweep, mop, empty trash, wipe' counter top Sweep, mop Sweep, mop, empty trash Second Floor: 1. 3 offices Vacuum, dust, empty trash Lab Sweep, ,mop, wiPe counter top Hallways Sweep, mop, dust window sills EXHIBIT "A" PAYA4~NT METHOD Monthly billing 1/12 of $15,~ EXHIBIT "B" 04/18/2000 1G: 11 561375~488 CITY OF- KI~T~ ~ P~ 03 J~itorbi Sende~ Coatract $6,928.95 1,454.67 3,680.00 1,080.00 1,359,74 925.75 $15,429.11 Above cost lin~ items are proje~ Liua itmns may I~ reasonably ad, mini bY ~ assigne~ without i~ smmal prfc~ to accommodam unmdcipated cost~ Such adam must not I acc=pt the above price for tim ~ed coaUact* TO: FROM: DATE: SUBJECT: MEMORANDUM Utilities #01-205 Bill Atkins, Procusement~Services Barb C.o. bo..Q Administrative Coordinator, Utilities Department AUgust 20, 2001 Janitorial Services - East Water Treatment Plant Agenda Item RECEIVED AUO 21 2001 PURCHASING Since 1996, the Utility Departmem has provided an employmem opportunity for Florida citizens with disabilities via a ~contractual agreement for janitorial services through RESPECT of Florida. tam ~ Currently we are under contract and there is an option for a one year renewal. (See attached copy of contract.) On August 10, 2001 we received a letter from RESPECT requesting a one year renewal. The Utilities Department is in agreement with this and wishes to proceed. The contract amount is $15,429.11. Funds are available for this service in account #401-2811-536-49-17. Please submit this request for approval on the next available Commission agenda. We are also requesting authorization to execute the attached contract. If additional information is needed, please contact John Reynolds at ext. 6433 or Barb Conboy at ext. 6406. Attachment - copy of existing contract CCi John Reynolds Dom Formanek Bob Kenyon Barb Conboy Dale Sugerman RESPECT OF FLORIDA August 7, 2001 Barbara Conboy Utilities Procurement Specialist City of Boynton Beach 124 E. Woolbright Road Boymon Beach, Florida 33435 Services Produced dy Florida Qtlzens with D sabll~tl D~ar Barbara: As the central nonprofit agency of the Commission for Purchase from thc Blind or Other Severely Handicapped and in accordance with Chapter 413.037, Florida Statutes, we are requesting renewal of the City of Boynton Beach, East Water Plant Janitorial Services Contract for thc 2001-2002 contract year. This renewal will be through September 30, 2002, at the same annual price of $15,429.11 and under the same terms and conditions as the current contract. If your agency is planning a change in the current scope of services, we will need a copy of the new scope no later than. August 20, 2001, in order to adequately review and possibly prepare a new price proposal dependent upon what changes are mad~ We look forward to being able to continue providing quality services and employment oppommities for Florida citizens with disabilities. Sincerely, Dianne Dcarduff Administrative Supervisor Copy: Contract File kijd 2475 Apalac bee Parkway, Suite 205, Tallahassee, FL 32301-4946 Customer Service 850/487-1471 Suncom 277-1471 Administration 850/942-0905 FAX 850/656-0168 The City of Boynton Beach ~ 00 £. Boynton Beach Bou£evard P.O. Box 310 BqynWn B~ch, Florida 35425-0510 (561) 742-6060 FAX: (561) 742-6090 Stol - ~g.q-lqq June. 9,2000 Dianne d. Hipps Senior.Contracts Specialist Respect of Florida 2475 Apalachee Parkway, Suite #205 Tallahassee, FL 32301-4946 RE: RESPECT OF FLORIDA - JANITORIAL SERVICES Dear Ms. Hipps: Attached please find a coPy of the Janitorial Services, East Water Treatment Plant agreement. After this document has been signed, please retum a copy to me for our Central Files. If you have any questions conceming this, please do not hesitate to contact me. Sincerely, THE CITY OF BOYNTON BEACH Sue Kruse, C-'-MC/AAE City Clerk C: Bill Atkins "An Equal Opportunity/Affirmative Action/ADA Employer" RESPE(; Prowding Quality Products aha Serv;ces Produced C,tizens with O;sabi June 20, 2000 Sue Cruse, CMC/AAE City Clerk City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Dear Sue: Enclosed is a signed original of the City of Boynton Beach, East Water Treatment Plant Janitorial Services Contract for the 2000-2001 contract year. Please forward an original copy to our office for our contract files. If you have any questions, feel free to email me at dhipps a rospectoffionda, org or contact me at extension 213. We look forward to a successful contract year for this contract. Sincerely, Dianne J. Hipps Senior Contracts Specialist Copy: Contract File Xdjh 2475 Apalachee Parkway, Suite 205, Tallahassee, FL 32301-4946 Customer Service 850/487-1471 Suncom 277-1471 Administration 850/942-0905 FAX 850/656-0168 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21,2001 [] September4, 2001 VT.-CONSENT AGENDA ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be in to CiW Clerk's Office Septemb~ 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 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 to extend the ANNUAL SUPPLEMENTAL LABORATORY ANALYSIS FOR WATER, WASTEWATER, ETC., Bid #001-2821-00/KR, to Envirodyne, Inc. and Spectrum Laboratories, Inc. for an additional one (1) year period, for an estimated annual expenditure of $13,000.00. (New Bid #096-2821-01/KR) CONTRACT RENEWAL PERIOD: NOVEMBER 18, 2001 TO NOVEMBER 17, 2002 EXPLANATION: At the Commission meeting of November 8, 2000, this bid was awarded to Envirodyne, Inc. and Spectrum Laboratories for a one (1) year period. This bid will expire on November 17, 2001; but, according to the Terms and Conditions of the bid, we have the option to renew and extend the prices for an additional year, provided all parties agree (see attached letters from vendors). Barbara Conboy, Administrative Coordinator, Utilities, concurs with this recommendation (see attached Memo #01-208). PROGRAM IMPACT: The purpose of this bid is to establish a one (1) year contract with a qualified commercial laboratory for sampling and analytical services for shallow and deep well water, surface water, drinking water, wastewater sources and/or other environmental sources including brackish waters, salt waters and sludges. FISCAL IMPACT: ACCOUNT NUMBER/NAME Laboratory Tests (Utilities) 401-2821-536.49-40 Other Contractual Services (Public Works) 431-2515-534.49-17 Deputy Director of Financial Services ESTIMATED ANNUAL EXPENDITURES $ 8,000.00 -VCity Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC MEMORANDUM UTILITIES #01'208,- Revised TO: FROM: DATE: SUBJECT: Bill Atkins, P/ocur, ement ~ervices Barb Conbo.y0 Administrative Coordinator August 23, 2001 Annual Supplemental Laboratory Analysis Bid Extension Bid #001-2821-01/KR Agenda Item The Utilities Department has confirmation that the two current vendors, Envirodyne, Inc. and Spectrum Laboratories, Inc. have both agreed to extend the existing contract for an additional year. We also recommend extension. Envirodyne, Inc. and Spectrum Laboratories, Inc. have provided adequate service during the past year. Eight thousand ($8,000.00) dollars has been budgeted for FY 2001-02 to cover supplemental lab analysis for the Utilities Department. The funds will be available in account #401-2819-536-49-40. We estimate $5,000.00 will be needed from the Public Works Department for landfill testing. The account number is 431-2515-534-49-17. Please place this extension on the next agenda for commission approval. Steve Evans Pete Mazzella Chris Roberts, Public Works File city of Boynton Be ch Procurement Sert, ices I O0 E. Bo~nton Beach Boulevard P.O. Box 310 Boynton Beach, Florida $$425-0~ I 0 Telephone No: (561) 742-6320 FAX: (561) 742-6306 KECEIVED NAME OF BID.' "ANNUAL SUPPLEMENTAL WATER, WASTEWATER, ETC." BID#: 001-2821-01/KR Agreement between the City of Boynton Beach, Owner; and ENVIRODYNE, INC. (Company's Name) Contract Renewal PeriOd: LABORATORY ANALYSIS FOR NOVEMBER 18~ 2001 TO NOVEMBER 17, 2002 Yes, I agree to renew the existing contract under' the same Terms and Conditions, and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to renew the contract at this time. NAME OF coMP~ SIGNATURE i~ i cNtq ~. £ NAME OF REPRESE_NTATIVE (please print) og o?/ol DATE / Pr'cs ~ d e~"~ TITLE (AREA CODE) TELEPHONE NUMBER America's Gate~a~ to the Gulfstream city of Boynton Beach Procurement Services I00 E. Boynton Beach Boulevard P.O. Box $10 Boynton Beach, Florida 33425-0310 Telephone No:($61) 742-6520 FAX: (561) 742-6306 R cmV D NAME OFBID: "ANNUAL SUPPLEMENTAL LABORATORY ANALYSIS FOR WATER, WASTEWATER, ETC." BID//: 001-2821=01/KR Agreement between the City of Boynton Beach, Owner; and SPECTRUM LABORATORIES, INC. (Company's Name) Contract Renewal Period: NOVEMBER 18, 2001 TO NOVEMBER 17, 2002 Yes, I agree to renew hhe existing contract under the same Terms and Conditions, and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to renew the contract at this time. SPECTRUM LABORATORIES~ INC. NAME OF COMPANY SGN~ Donald So McCorquoda!e, Jr., Ph.D. NAME OF REPRESENTATIVE (please print) President TITLE August 15, 2001 DATE (954) 978-6400 (AREA CODE) TELEPHONE NUMBER America's Gate~ay to the Gul~tream ~oo ZZ 8 ' ~o zZ m~ ~ ]~Omz nc :~ ~0 ~ : m z ~ ~0 q m m ~ 0 0 ~ ~ ~ ~ ~ z~ '" -- 0 ~ z 0 O~c q m ~m~ ~oo Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21,2001 [] September 4, 2001 VT.-CONSENT AGENDA : ITEM B.4 CITY OF BOYNTON BEACH ' AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 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 to extend the ANNUAL CONTRACT FOR MEDICAL AND DRUG SUPPLIES, Bid #100-1412-00/KR, to various vendors for an additional ninety day. (New Bid #095-1412-01/KR) CONTRACT EXTENSION PERIOD: SEPTEMBER 7, 2001 TO DECEMBER 7, 2001 EXPLANATION: This is a Joint Bid with the City of Delray Beach, #2000-28, which will expire on September 7, 2001. The City of Delray Beach, the lead entity, has obtained a positive response from fifteen of the sixteen awarded vendors to extend the bid for an additional ninety days until a new bid is in place (copies of letters are attached). This ninety day period will allow the City to maintain bid prices for this period of time. Dominic DeMauro, Warehouse Manager, concurs with this recommendation (see attached Memo).. PROGRAM IMPACT: The purpose of this bid is to establish firm prices for the purchase of Medical and Drug Supplies for the Fire Department. These supplies are ordered on an "as needed" basis and stocked in the City Warehouse. FISCAL IMPACT: ACCOUNT UMBER/NAME WAREHOUSE INVENTORY 502-0000-141.01-00 I~-el~uty Director of Financial Serv~es ESTIMATED Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources cc: Dominic DeMauro, Warehouse Manager File SABULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: FROM: DATE: Bill Akins Deputy Finance Director Dominic DeMauro, Warehouse Manager August 22, 2001 SUBJECT: Medical Bid #100-1412-00/KR Please extend the current bid #100-1412-00/KR for Medical Supplies for 90 days until the new bid is ready. This bid is a Joint Bid with the City of Delray Beach. The bid will expire on September 7, 2001 and Delray is in the process of securing a new bid. Therefore, they have received confirmation from the current vendors to extend until December 7, 2001 until the new bid is in place. The account number to be charged is 502-0000-141-00-00.The estimated expenditure for the ninety day period is $15.000.00 If you have any question please call me at 6324. 561~437166 C~T",' ,DF DELRA? ~EACH tST PgI AUG ~I '~l 11:.~ PURCHASING DEPARTMENT Ci~ OF DELRAY BEACH ! 00 N.W. FIRST AVENUE DELRAY BEACH, FLORIDA 33444 DATE: TO: FAX TRANSHITTAL Total Number of Pages Including Transmittal Sheet: (~ 0 RE: CommenEs: FROI"I:L_~/-/-/-/-/-/~.. ___ ]ACKLYN ROONEY,, PURCHASING SUPERVISOR PHONE (561) 24:~-7163 FAX (561) 2'~3-7166 COPIES: IF YOU DO NOT RECEIVE ALL OF THE ABOVE REFERENCED PAGES, PLEASE CONTACT NAME OF :SENDER ABOVE. CITY OF' DELR~Y I~E~C~ £1TY ElF iIELRRY BEACH Sunco&sl Suq~icel Am~ ~lle~en Diil 4a I ~ N Gr~4y Avenue 'Tnnq~, Flori~ie 33614 July 27. ~001 Your CUirent c~nlrl~t for ~ &bore referenced bid e.~piras on Septe~lBer ?. 2001. Our Purchasini~ gt~ide~ines ,,vo~|d U)e~ro~e ~irc mi E)ecembef 0 ? Pimple .e.potid by iilnil)l bel~w Ired r~t~rn;n8 ~ origio~l ¢rI~. ~o my ~uemion. Jic~ ty~ Roooey, Purchnsi~.~ D=te THE ~FFOIqT CITY OF DELRA¥ BEACH 15~ P03 AUG ~1 '01 11:14 DELRAY i~EACH 171 ! Paramount Court Waukesha, Wisconsin 53 ! 86 REF; Bid #2000-28 Medical and Drug Supplies- Annual Contract Joint Bid with City of' 8oymon Beach Dear Mr. Smith; Your current con:raet t~r the above referenced bid expires on September 7, 200l. Our Purchasing guidelines require that this contract will need to be sent c:ut for competitive bid(s). The City of Delray Beach is hereby requesting an additional ninety (90) day ¢×tension of your current contract Which is needed f'or the bidding pruees.% evaluation, and award c~f the new bid to be comple:ed. Your contract would therefore expire on [)ecember 07,2001. Please respond by signing below and r~turning one original copy to m~ attention, Jackiyn Rooney, Purchasing Supervisor, City of Delray Beach, 100 N.W, First Avenue, Delray Beach. Florida, 33444, $inccrcly, J~¢Klyr~ Rooney Pumhasing Supervisor hereby abq'¢e to ai~inety (90) day extension of the subject Bid. i am unable to provide a ninety (90) day extension of'the subject Bid. §i~,n/~j~re ~' Date Name (print) -- cc;; Joseph Sa ,f~a~inance Director Advmleed Medical & Pharmaceutical Suppliers Ann: Julia Onesto 3701 W. lnterna:ional $pe:,dway Day:ona Beach, Florida 32124 July 27, 200t REF: Bid #2000.28 Medical and Drug Suppl ie.g Dear Ms. Onesto: Your current contract, for the above referenced bid expires on September ?, 2001. Our Purchasing guidelines require that th{s contract will need to be scm out for competitive bid(s) The City of' Delray Beach is hereby requesling an additional ninety (90) da)' e.~tension oF your eur:-en~ codtrac{ which is needed for the bidding process, evaluation, and award oF d~e new bid m be complc[cd. Your contract woutd [herefore oxpi~ on Decem~r 07 200l. Please respond by signing below and returning one original copy to my attention, Jacklyn Rooney, Purchasing Supervisor. City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444. Sincerely, Purchasing ~v.i~ r agree to. a_ninety (90) day extension of the subject Bid, Name (print) cc: Joseph Sa<~nance Director ! am unable to provide a ninety (90) day extension of the subjecl Bid. Date CiTY OF DELR~Y BE~CH Moore MedieVal Corp. Attn: Kathyn Ward 389 John Downey Drive New Britain, Connecticut 06050 !57 PO~ AUG 21 '01 DELRAY 8EACH. FLOP.]OA li:L5 REFt Bid #2000-28 Medical and Drug Supplies- Annual Contract $ointBidwithCityofBoyntonBeach ~:~S f'44~'~P ~ ~~- ~ Your current contract for [he a~ve referenced bid expi~s on September 7~ 2001. Our Purchasing gukl:tines ~uJre that this contract will need m be sent out for competitive bid(s), The City of Delray Beach is hereby requesting an additional ninety (90) day extension of your current contract which is needed for the bidding process, evaluation, and award of the new bid to be complct¢d. Your contract would therefore expire on December 07, 2001. Please respond by signing below and returning one original copy ~o my at:ention,Jac~lyn Rooney, Purchasing Supen, isor, City of Deiray l~each. 100 N.W. First Avenue, Delray Beach. Florida, 33444. Sincerely,. Purchasing Supervisor __.~[ hereby agree to a ninety (g0) day ex,ension of thc subject Bid. c~ [ am unable to provide a ninety (90) day e~tension of'the subject Bid. Date EFFORT ALWAYS MATTERS 561~437~66 CITY 3F DELRA¥ BEACH 157 P06 AUG 21 11:15 EAp~rb' August 10, 2001 City of Delray Beach 106 NWl"' ~ve Delray Beach, FL 33444 RE: Bid 2000-28 Dear Ms. Rooney: Moore Medical is agreeable, to the extension through 12!7,'01, however, wc must request price increases on two items. Significant manufacturer increases have affected the following:. Line I 16 Asherman Chest Seals Line 154 Eye Shields Original Price $6.95 Original Price $ .93 Written documentation is attached to support our requests. Sincerely, Bid Generator Specialist New Price $7.83 New Price $1.06 Moore Medical Corp. I P,O, Box ~5oo I 389 lohn Downey Drive { New Britain, CT o6o5o-i5oo ~ tel 86o.8a6.36oo { mooremedicaLcom I fax 860.223.2382 ~ 561~437~66 CiTY DF DELRA~,' BEACH 159 PO? AUG 21 11:16 Dcmr Rocky l~,~ount~ 1V~dic~! Supply is ple,~ed tc armounc¢ line to ~ch Mc. effe~iw July 1~. ~1 ord., ~pmen~ ~ billing ~1] be ~dte4 by Rusch ~ of ~s date. P~e~e con~t ~e~c We me wo~ing closely wi~ ~h ~tion. ~ ~reci~e your supp~ m ~,elpin~ ~ ~ve~c~ · m~rke~ for ~ ~que ~d imposer pt~uct CITY CE DE~R~¥ BE~CB ¢~L!G 21 '~1 11:]6 7 Dear Valued Custome. ~ ' a t any special pricing or rebates_th, at_have bee, n._n,e_g,.°,~?~,.d.w~,,~'~)~li by 6;~rnb~r 31 2000, Please note that :here -Hff~sC~'ort¢ APT Products Price List'. TI~!s list of. proau.,~,.w_::t.,~.~.' '~.~,~, .lst ~e~¢;pt fo," the (iisco,tihued Items). is a cross-reference number to a p~x3uct on the n,.,ew ~,~-~.~,. We nope that you will be as ex~lted as we are about our completely upgraded line. Through slgni,"l~.ant investrnents In new manufacturing techno{ogies, we are now able to offer un~que, Ya~ue-added products which will make you mom competitive than ever before. Some of ~e highlights include; u~ ica! masks are now manufactured using 100% ultrasonic o ; Suralcal Masks -- these new ~. g ........... ,**...,~-~inn new and exciting colors e nd ~dtng, offering state-o;-me-a~ ~,,,,,,,, ...... designs, and now offer the end.user a tn~ly unique product at a competitive price. ' armenia are made from a new. range of materials that o professional a~td Protective Aooarel- our upgmd? g .3 --~,---, wa h=lieve that:attention to detail will offer the end-user the protection they ,~eo, while a;so provm;ng help you be more competitive, right down to a pen-hole pocket on a~! high-end lab ¢oatsr c ~overail® Face Shields- this excellent ~glnal has been made even better tbrougll application of a long-lasting ~0ub~e anti-fog coating, minimizing the potentlsl for fogging problems. o ~hoe & Boo{ Covers- truly the most comprehensive :offedng of protectNe footwear on the market. Our proprieta~/materials offer the end-user a shoe cover that is made entirely of inherently non-skid materials. Safety and eo3nomy are now standard fare. We sincerety hope that you will ~take a ;loser look'" at ~e new Npha ProTech. Please ¢all our Customer Service at $00-74g-1363 for more information, to place an order, get samples, or have our authorized represent;five visit you. We look forward to working with you to build a better, mutually profitable business relatior~htP. Sincerely, John MacRonaid VP Medical Sales Cc: Manufacturer's Representative Attach: Distributor Price List Historic Product List School Health Corporation Ann; Cindy Hartge 865 Muirfield Drive Hanover Park, Illinois 60103 I00 N.W. 1~;l AVENUE July 27, 2001 AUG ! 3 KEF: Bid #2000-28 Medical and Drug Supp!ies- Am~ual Contract Joint Bid with City of Boynfon Beach 1~7 P09 AUG ~1 '01 11:16 Dear Ms. Hartgc; Your current contract ['or the above referenced bid expires on September 7, 200 i. Our Purchasi,g guidelines require that ttds contract will need to be sent out for competitive bid(s). The City or' Delray Beach is hereby r~questin§ an additional ninety (90) day exten.~ion of your current contract which is needed for the bidding process, evaluation, and award of the new bid to be completed Your contracl would therefore expire on December 07. Please respond by signing below and returaing one original copy to my attention,Jacklyn Rooney, Pun;hasing Supervisor, City of Delra¥ Beach, 100 hi.W, First Avenue, Defray Beach, Florida, 33444, $incerel y, -,: Ja~'~/lyn Rooney Purchasing Supervisor ~y agree to a nifty (90) ~y extension of the subject Bid. 1 am u:~able m provide a ninety (90) day extension of the subject Bid, Signature~4~ ~~ Date Name (print) ~ cc: Joseph ~~inanee Director THE ~FFORT ALWAYS MATTERS CITY OF DEL~AY BEACH 157 PlO AUG ~1 '01 Il:iT DI~LRAY BEACH July2%2001 'MDg Matrix A~tn: Joim D. Surles P,O. Box 210, 200 Gates Road Ballentine, South Carolina 29002 R£F: Bid #2000-28 Medical and Drug Supplies - Annual Con:tact Joint Bid with City of Boynton Beach R£OI IVED AU6 1 3 {Ig Dear Mr. Sur!es: Your current contract for the above referenced bid ¢~pires on September 7, 200 I. Our Purchasing g, uidel[nes require that this contract will need to be sent out for compe:[tivc bid(s). '['he City of Delray Beach iS hereby requesting an additional ninety (90) da:,' extensio~ of your current contract which is needed for the bidding process, evaluatk~, and award of'the new b~d to be comp|areal Your co~tmct would therefore expire on December 07,2001. Please respond by signing below and returning one original copy to my altention, ,facklyn Rooney, Purchasing Supervisor, City of Delray Bcacl~, 100 N.W, First Avenue, D¢lray Beach, Florida, 33444. Sincerely, Jackly~l Rooney Purchasing Supervisor ."i I~I laereby agree to a ninety (90) day extension of the subject Bid. I am u hie to rovid~e a ninety (90) day extension of the subject Bid. Nam, [print) cc: l~h-Sa~n~e T~.~ ~-:-"' " -' 5612437166 CITY OF DELRPrf BEACH 157 Pll AUG 21 '01 !1:~? DELE.AY BEACH Southeastern Emergency Equipment Arm: Veronica Hart P. O, Box ! 196 Wake Forest. North Caroli,m 37588 100 N.W July 2% 2001 REF: Bid #2000-28 Medicat and Drag Supplies- Annual Contract Joint Bid witl~ City of' Boynton Beach Dear Ms. Hart I')EL.~',tA¥ ~EACF!. ;"L.O.C];DA 334.;J. ', ':' ~ :';' ' Your current contract tbr the above referenced bid e~pJre$ on September 7, 200 I. Our Purchasing guidelines require that this coatract will need lo be sent out for competitive bld(s). The City of Delray Beach is hereby requestht§ an additional ninety (90) da), extension oF your current :ontract which is needed for the bidding process, evaluation, and award of the new bid to be completed. Your contract would therefore expire on December 07. 2001. Please respond by signing below and retur,fing one oHginaJ copy to my attemimt. JacklyH Rooney, Purchasing Supervisor, City of' Delmy Beach, 100 N.W. First Avenue, Delray Beach, Florida. 33444. y agree to a ninety (90) day extension of the subject Bid. ~ 1 am unable to provide a ltinety (90) day e,~lension of the subject Bid. Signature ~ / Name (print) / cc: Joseph $~'~inanea Director Date THE EFFORT ALWAYS MATTERS 5612437166 CITY ~ DELR~Y BEACH 15"7 PI2 AUG £1 'D1 1i:18 Medix USA Atto; Navin Mirpuri 71 [ 2 N. University Drive Tamarac, Florida 3332 July 27, 2001 RLF: Bid #2000-28 Medicaland Dru~Supplles A~:nual Contract Joint Bid with City of 8oynton Beach Dear Mr. Mirpuri: Your current contract t~r tho above refa, reneed bid expires on September ?, 2001. Our Purchasing guidelines require that this contract will need to be sent out fc~r competitive bid(s). The City of Delray Beach is hcreby requesling an additional ninet}, (90) da)' extension of your curren! contrac~ which is needed t~r the bidding process, evaluation, ar, d award of the new bid ;obe completed. Your can[race wou~d therefore expire on December 07, 200 I. Please respond by s~gning below and returning one original cop)' to my a~tentiot'., Jacktyn Rooney. Purchasing Supervisor, City of Delray Beach, 100 N.W. Firs[ Avenue, Delray Beach, Florida, 33444, Sincerely, Jacklyn Rooney Purchasing Sup~n'~sor t-~ hereby agree to a ninety (90) day extension of'the subject ~id. I am unable to provide a ninety (90) day extension of the subject Bid. Sisnature Date N~m~ cc: J~eph Sa~ance Director 5612437!66 CITY OF DELR~]~ BEACH 157 Pi3 AUG 21 '01 11:18 Medical Supplies Depot Inc. Arm: Henry B. Falgham 3725 Airport Blvd. Mobile, Alabama 36605 July 27, 2001 REF: Bid #2000-28 Medical and Drug Supplies - Annual Conlract Joint Bid with City of Boynton Beach Dear Mr. Falgham: Your current contract for the above referenced bid expires on September 7, 2001. Our Purclm~ing guidelines rcqmre that this contract wilt need to be sent out for competitiw- bid(.q). The City of Deiray Beach is hereby r~questing an additional ninety [90) day extension of 5'cur current contrac~ which is needed for the bidding proc¢.qs, evaluation, and award of'the new bid to b~ completed. Your contract would therefore expire o~ Dccember 07,2001. Pleas, respond by signing below and returning one original co:~y to my attention, Jacklyn Rooney, Purchasing Snp~rvisor. City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 3344a. Sincerely, Purchaaing Supervisor _~I hereby agree tO ~a ninety (90) day extension orthe subject Bid. __ l ~/~e~o p~ (90)day extension of the subject Bid. Name (print) ce: Joseph S~~ance Director 561~437~66 CITY DF DELRAY BEACH 15~ PI4 AUG 2i '01 !1:19 Ever Ready First Aid & Medical SuppJy A~tn: Israel. G reenwald 385 Union Avenue Brooklyn, New Yo~ 112~ I July 27,200i REF: Bid #2000-25 Medical and Drug Supplies - Annual Colltrac~ Joint Bid with City of Boynton Beach Dear Mr, Gr~enwald: Your current con[tact t'o~ the above referenced bid expires on Sepmmber 7, 2001. Our Purchasi'a~ guidelines require th~ chis comract will need co be s~n~ ~)ut For competitive bid(.~). The Cit7 of' Delray Beach is hereby requestin~ an additional ninety (90) day extension of' your curren[ construe: which is needed for the bidding process, evaluation, and award or the new bid to be comp!eted. Your commc~ would therefore expire on Decembe[ 07, 2001, Please respond by $isnin$ below and returning one original copy to my a~tomon, Jacklyn Rooney, Purchasing Supc~,isor, City of.DeJmy Beach, [00 N.W First Avenue, Delray Beach, Florida, ]3444. Sincerely, Jacklyn Rooney Purchasing Supervisor I hereby agree to · ninety (90) day eXtellSJOl~ of the sub jet[ Bid. I am unable to provide a ninety (90) day extensi~ orlhe subjec[ Bid. Sinecure Name (p~nt) cc: Joseph S~nce Director 561~437166 CITY OF DELR~¥ BEACH 1ST P15 aUG 21 '0! il:iD American La France Medic Mastcr Attn: Lew SanFelice P,O, Box I?07 Sanf'ord, Florida 32773-170'/ July 27,200t REF: Bid #2000-28 Medical and Drug Supplies Dear Mr. SanFelice: Your current contract for the above referenced bid expires on September 7, 2001. Our Purchasing guidelines require :hat this contract will need to be sent out for competitive bid(s). The City otr Detray Beach is hereby requesting an additional ninety (g0) day extension of' your current contract which is needed for the bidding process, evaluation, and ~.ward of'the new bid to be completed. Your contract wou|d therefore expire on December 07,200t. Please respond by signing below and returning one original copy to my attention, Jacklyn Boone,, Purchasing Supervisor. Cil~ of'Delray Beach. 100 N.W. First Aventte, Delray Beach. Florida, 33444. Sincerely, Jacklyn Purchasing Sul~rvi~or ~/,~_1 herebyagree io-a ninety (~O) day extension of tt~e subject Bid. i am unable to ixovide · ninety (~0) day extension of the subject Bid. S~gnatu~e Date ~ame tprint) Joseph Sa~nanee Di~tor 5612437166 CITY OF DELRqY BEACH !57 PI6 RUG 21 '8I 1t:20 1o0 N.W. Ist AVENUE Sun Belt Medical/Emcrgi-$ourc¢ Attm Jori M. Dillon 20 Capital Drive Hilton Head, South Carolina 29926-2340 REF: Bid #2000-25 Medical and Drug Supplies- Annual Cm~tracI Joint Bid with City of Boynton Bea~;tt DELSEY ~EACM. FLORiCA '~3.~,~tet 3C i ': ~:.' / Dear Mr. Dillon: Your current contract for the above referenced bid expires on September 7, 2001. Our PurchasinB guidelines require ~hat this contrac[ will need to be sent out for competitive bid(s). The City of Delray Beach is hereby requesting an additional ninety (90) day extension of your current contract which is needed for the biddinl~ process, ~valuation, and award of the new bid to be completed. Your contract would therefore expire on December 07, ~'00 I. Please respond by signing below and returning one original copy to my atten:ion,Jscklyn Roouey, Purchasing Supervisor, City of Delray Beach, 100 N.W: First Avenue, Defray Beach, Florida, 33444. $incerdy, Ja~lyn Purchasing Supervisor ~ l~hereby agree m a ninety (90) day ¢~ension o~the Bid. ~ble [o provide a ltinety (90) day extension of the st~bject Bid. Nnm~ (print) cc: Joseph Sa~~ce Director T~ EFFOaT At.wAYS 5612439166 CITY OF DELRRY BEACH I59 Pi? AUG 21 '01 11:20 OF i ELRSlV BEI:I[H PMX Medical Specialty Distributors Attn: Lisa Hartsell 10302 S. Federal Highway, Suite 3 ~6 Port St. Lucie, Florida 34952 ~'00 N,W. I~( AVENtJE July 27, REF: Bid #2000-28 Medical and Drug Supplies- Annual Contract $oint Bid with City or' Boynton Beach Dear Ms. Hansell: Your current contract for the above referenced bid expires on September 7, 2001. Oar Purchasing guidelines require that this contract will need to be sent out for competitive bld(5). The City of' Delray Beach is hereby requesting an additional ninety (gO) day extension oir your currem contract which is needed for the biddin~ process, evaluation, aed award of tl~e new bid to be completed. Your contrac: would therefore expire on December 07, 200t. Please respond by signing below and returning one original copy to my attention, Jack lyn Rooney, Purcha.~ing Sepervisor, City of' Delray Beach, I00 N.W. First Avenue, Delray Beach, Florida, 33444. Sincerely, Jacklya Roone)' Purchasing Supervisor .._.~ i hereby agree to-aainety (90) day extension of'the subject Bid. ! am unable to provide n ninety (90) day extension of the subject Bid. Name [print) cc: Joseph R~nance Director THE EFFORT ALWAYS MATTERS CITY OF DELRA') BEACH 157 PIB AUG Medco Supply Attn; Laura Ferrentino SOO Filmore Avenue Tonawanda, New York 14150 July 27, 20OI REFt Bid #2000-28 Medical and Drug S~q~l)lics- Annual Contract Joint Bid with Cit~ of Boynto~ Beach Dear Ms. Ferrentino: Your current contract for the above referenced bid expires on Se.ottmber 7, 2001. Our Purchasing gtiidclincs require that ll~is contract will need to be sent out for competitive biO(s). The City o£ Deiray Beach is hereby requesting an additional ninety (90) da~ extension of your current contract which is needed for the bidding process, evaluation, and award or the ne~ bi~ to be co:npl~ted, Your contract would ~.hererore expire on December O? ,2001. Please respond by signing below and returning one original copy to my attention~ Jacklyn Roo~,ey. Purchastng Supervisor, City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida. 33444. Sincerely, Jacklyn Rooney Purchasing Supervisor 1 hereby a~ree to a hinety (90) da)' extcxssion of the subject Bid. 1 am unable to provide a ninety (90)day extension of the sub.~ect Bid. S~gnatute Na~e (print) cc: ~o~eph SaUce ~irector 21 ' 01 11:21 · '" July 27, 200 ! RECEIVED ^nina Pharmaceutical Inc. AUG 0 7 2001 Attn: Chantel Banatty 12580 N.E. 9th Avenue Noah Miami, Florida 33161 REF: Bid #2000-28 Medical and Drug Supplies Dear Ms. Banat~y: Your current contract for the above referenced bid expires on September 7, 2001. Our Purchasing guidelines require that this contract will need to be sent out for competitive bid(s). The City of Delray Beach is hereby requesting an additional ninety (90) day extension of )'our currev, t contract which is needed for the bidding process, evaluation, and award of the new bid to be completed. Your contract would therefore enpire on December 07,2001 Please respond by signing below and returning o ~e original copy to my attention, Jacklyn Roone>, Purchasing S,pervisor, Cily of Deiray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444. Sincerely. Jacklyn Reoney Purchasing Supez~isor ~I h~eby agree to a ninety (~) day extensio, of the subject Bid. 1 am unable to provide a ninety (90) day extension of the subject Bid. Name (print) Date cc: Joseph SC'a~inanceDirector 5612437166 CITY OF DELRAY BEACH lo~7 P20 AUG 21 '0I 11:21 I:IT¥ DELaA¥ SE4.CH r BENCH ~00 a.w, 1st AVENUE July 27. DELRAY BEACH. FLORIDA 33444 561/243 Bid #2(XX1-2R Medical ~ind {)r~,~ $~nppljcs - Anoual Contract Joint Bid with City nt' Roynton Beach Your c~rrent comract tbr ~he ~hove r~rerenced bid e~pires oz~ Sep~em b~r 7. ~00~, Our Purchash~ require that Itiis cont~t will ileed Io be sent out tbr competitive 'lhc Cilv of l.)¢lray ~ch is heroby requesting an additional n~nely (90) dsy ~xt=nsion of y~r current contract which il nccd=~ li~r lb= hldd~ng pmee~. =w~h~aliol~, aad award of the new bid to be completed. Y~ut wnultl ~horctb~' expire on D=c=tn~r 07, 2001. [qease ~spond by s:gnitlg Below and returning one original copy to my attention. Jacklyn Rooney, Purchasing Stq~el~isor, City of [~lray Beach. I O0 N.W. First Avenue. Dclr~ Beach, Florida. 33,144. __. I. h~rcb¥ ag. ret to.a_l~h~,'ty (()0) day extension nf :he subjec; Bid. 1am un~ble to provide a ni~ety (~0) da) e~tenSion DJ'the sub~t Hid. Date EFFORT ALWAYS MATTERS Requested City Commission Meeting Dates [] Iuly 17,2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM B.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 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 to award the bid for "COSTA BELLA DRAINAGE IMPROVEMENTS", Bid#080-2821-01/CJD, in the amount of: $354,792.00 to AKA SERVICES, INC. of West Palm Beach, Florida. EXPLANATION: On August 15, 2001, Procurement Services received and opened two (2) bids for "COSTA BELLA DRAINAGE IMPROVEMENTS". After review of the two (2) proposals, it has been determined that AKA SERVICES of West Palm Beach, Florida is the lowest, most responsible, responsive bidder who meets all specifications. Paul Fleming, Senior Project Manager, Engineering concurs with this recommendation (see attached memo/101-159). PROGRAM IMPACT: The purpose of this bid is to obtain a price for the Drainage Improvements in the Costa Bella Subdivision. The work consists of excavation of a water retention area and installation of storm pipe and roadway reconstruction. FISCAL IMPACT:Funding for the improvements to the Costa Bella Subdivision are as follows: ACCOUNT DESCRIPTION: CIP/STORMWATER Deputy Director of Financial Services Procurement Services Department Name S:kBULLETINXFORMSkAGENDA ITEM REQUEST FORM.DOC C: Paul Fleming- Senior Project Manager Barb Conboy - Administration Utilities File ACCOUNT # BUDGET AMOUNT 403-5000-590-96-07 S~gnaturi400,000-00 RESOLUTION NO. R 01- A RESOLUTION OF THE CITY CO~SSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO.080-2821-01/CJD) TO AKA OF $354. CITY CLERK AND WHEREAS, Procurement mentioned project on was the lowest, most responsive receiVed and opened Bids for the above it was, determined that AKA Services, Inc., who met and exceeded all specifications; 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, hereby approves the award of a bid for Costa Bella Drainage Improvements, Boynton Beach, FL in the mount of $354,792 to AKA Services, Inc., and authorizing the Mayor and City Clerk to eXecute a ContraCt between the p~es} a cOpy of which is attached hereto as Exhibit "A". Section 2. That this ReSolution shall become effective immediately. PASSED AND ADOPTED THIS day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk Conmfissioner Commissioner CONTRACT THIS AGREEMENT, made and entered into this day of , A.D. 20__, by and between the CITY OF BOYNTON BEACH, a mumcipal corporation of Florida, hereinafter called the "City" and AKA SERVICES, INC. a Florida Corporation ( ) a Florida General Parmership ( ) a Florida Limited Partnership ( ' ) a Sole Proprietor ( ) Check One hereinafter called "CONTRACTOR". WlTNESSETH That under the due procedure oflaw~ bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total mount of Three hundred and fifty_ four thousand, seven hundred and ninety_ two dollars and 00/100 submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR~ dated August 15, 2001, which is-hereby incorporated by reference into-this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title:COSTA BELLA DRAINAGE IMPROVEMENTS Bid Number: #080-2821-01/CJD Project Number: STM013 City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling $354~792.00. c-1 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories accordance with Construction, plans which the bid, contrac lB 2.2 All the work and labor performed under this contract shall be performed, and all of the material furnished said plans and specifications, conditions contained in said plans and., to comply with every requirement and be performed by the party contracting to do said work. 2.3 The first- class, the detail for CiO and strictly in and plans which ~ : as well as to the satisfaction o: said City, and in strict the City Manager or:his representative, at and: here'm plainly set forth. 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall~make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final Settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms fi'om all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, :tools and equipment from streets, alleys, parkways and adjacent property that may have been USed or worked on by the CONTRACTOR in connection with the project promptly as such c-2 section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8 The CONTRACTOR shall at all times observe and Comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the City Engineer shall satisfy himselfi by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is sO satisfied, he shall recommend acceptance thereof to the City who shall, if he agrees with such recommendation, payment application to City Commission for review and the project, The rigl~t of general supervision of the CITY as hereinafter provided under "authority of the engineer" shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times~ and in all respects have the rights and liabilities of an independent contrgctor. 2.10 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefor. All settlement, defects or damage UPon any part of the work shall be remedied and made~ood by the CONTRACTOR. 2.11 The CO/'qT~RACTOR will be held responsible for the care, protection and condition of all work unttl final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occmg from any cause. 3.0 COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 90 days following the commencement date as specified in same. C-3 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work sPecified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or herein before set every c of completion: The mount due, or that may become due the C or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 confirm with City. as City Engineer may~ r Engineer ~ unfit. 4.0 LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $250.00 per day as liquidate,d, damages, for failure to begin: v~ithin te~ (i0) days ol;"N°ti~e to Proceed' or failure to complete the work the commencement date to be indicated in, Proceed". 5.0 PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings~ walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, and consolidating; the removal and: material; also all pumping bailing draimng or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentiOned in the detailed plans and sPecifications neCeSsary to giVe a finished result, and including all expense incurred in, the suspension or discontinuance of t compliance with { and for the maintenance ol condition and repair until final a faithful contract in good C-4 5.2 The CONTRACTOR shall assume full responsibility and expense for the proiection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 6.0 INDEMNIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided f~r in' this paragraph. It is the CITY'S and CONTRACTOR'S full interltion that this provision shall be enforceable and said provision shall be ia compliance with Florida Statute 725.06. 6.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provisio,n,, as well as the insurance provisions which are set forth in Attachment "A herein. However, the indemnification provision, and the insurance provision contained in this Cgntract are not interdependent of each other, each one is separate and distract from the other. C-5 6.4 The obli, t the CITY is not 7.0 PAYMENT BY CITY 7.1 ' the 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order eXtra work or make changes by altering, adding to or deducting from the wOrk, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim, for extension of in writing at the time. such change is 8.2 8.3 All change 9rders and adjustments shall be in writing and approved by the City Manager or City: commission if required, otherwise, n~) claim for extras Will be allowed. The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures goveming extra work under the Contract: 8.3.1 Any change Order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any SUch work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written Change Order. C-6 8.4 83.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 By such applicable unit PriCes, if any, as are set forth in the Contract except in those CaSes where increases in quantities exceed fifteen (15): percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer; th~ unit price Shall be subject to review to determine if a new unit price should be negotiated; or 8.4.2 If no such.unit prices are: set forth, then by a lump sum or other unit prices mutuallY agreed upon by the CITY and the CONTRACTOR; or 8.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally: acceptec~ accounting principles. This system shall prt~de for the identification, accumulation and segregatiOn of allowable and unallowable Change Order costs. C-7 8.4.3.3 Where it is indicated that the Contract is Federally or State assisted, the.CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles 8.4.3.4 ] items c insurance, costs. Subcontractors' fifteen e by him. Among the are bonds, and general 8.5 8.4.3.6 In no case shall the cost for percent of the subcontractors' profit. 8.4.3.7 For special equipment and machinery such as power driven and tractors, or other economical performance shall receive for each item of use on the work exceed the current Guide Book Company Equipment". appropriate. or monthly as 8.4.3.8 Records of extr'a work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order: Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for C-8 the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 9.0 PROJECT ENGINEER 10.0 9.1 The project engineer shall be SHALLOWAY, FOY, RAYMAN & NEWELL, INC. - BRIAN LAMOTTE P.E. 9.2 The Engineer shall have general supervision and direction of the work. The Engineer is the agent of the CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop the work :whenever such stoppage may be necessary to insure the proper execution of the contract. 9.3 As the Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. INSURANCE 10.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those Set forth on the insurance requirement schedule attached as Attachment 10.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 10.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton.Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile C-9 11.0 12.0 driver, excavating or other construction equipment, pneumatic hammer, derrick, the use 'se, shall be :00 A.M., except by written perm~sslon ~nly in case of emergency. GUARANTEE AND WARRANTIES 11.1 All the work shall be guaranteed to remain in good condition for one year from date of.acceptance. TERMINATION OF CONTRACT 12.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; ifa general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is ?the conditions; provisions, or covenants o: }ecifications, or ~that he is executing the . the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) ~days' written notice 1 prior to the effective measures as Manager may declare specified in such termination, Suret5 stop work and cease.tr shall forfeit I the Surety shall 2ONTRACTOR shall not, set forth in such notice, take such Manager, ensure the , the City Commission and the City date the event of and immediately respect such notice and ground and shall the Surety default or 12.1.1 Complete the contract in accordance with its terms and conditions, or 12.1.2 Obtain a bid Or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the. CITY of the lowest responsible bidder, make available as C-10 13.0 14.0 15.0 work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient fimds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. TIME OF ESSENCE 14.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. REMEDY FOR DELAY 15.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 15.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. C-Il 15.3 Allrequests for extension of time to complete the work shall be made in accordance with .the General Conditions for Construction. 15.4 For the purpose of. this section the phrase "the CITY, its agents and ~ the architect, project C-12 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and wimessed FLORIDA in the presence of: CITY OF BOYNTON BEACH, Mayor Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and wimessed in the presence off Contractor President or the Vice President Attest as to Contractor C-13 State of Florida County of Palm Beach ) ) SS: On this day of , 20___, personally appeared before' me duly authorized to administer oaths to me known to be the persons described herein and who executed the foregoing instmment and have acknowledged before me and theyhave executed same. Notary Public My Commission Expires: 05/04/01 ktr C-14 ~o z o ~ ~ ~ . ~ ~ - _ ~ -~! m z~ Z Z ...-I ,Z! ITl I~ 133 ITl ' ' -- m ~ .-IO' z zo r'- mZ ~ -- Oz"r ~ 0 ~ Z Z _ m "n )> · '~ ~.~ 1~ rtl ~ -n "n 0:-t c: z z ~ ~ m 0 o X :<> "" ~ z 0 _~ . _ O Z ----. e~ '~ zn -.... --t 0 0 mi 0 (/) co, z co c ~ ~.:Z.oF ' I ° I' o ~ I I o ;.:..7, ~ ;~ -- 03 -< -< z ~1 ~ .< z m z ~ rn ~u)_ o "n - Z'rn(;I O co O ITl _~ m 0 ¢ m b c .~.00 ZZ DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-159 TO: FROM: DATE: Bill Atkins, Assistant Director Finance/Procurement Agent Fleming, Senior Project Manager~ Paul August 21, 2001 RECEIVED. PURCHASING,, DEPT_J Recommendation for Award Costa Bella Project Bid # 080-2821-01/CJD This office has reviewed the bid tabulation sheet for the subject project and hereby recommends contract award in accord with the following: Project Name: Costa Bella Subdivision Stormwater Improvements Project Recommended Contractor: AKA Services, Inc Amount: $354,792.00 Account Number: 403-5000-590-96-07 STM 013 Responsibility Verified: Construction Services Division and the project Consulting Engineer have jointly verified that the firm AKA Services has performed successful similar projects for South Florida Water Management District, City of Ormond Beach, Martin County, and the Village of Tequesta and is otherwise considered financially sound. Compliance with Bid plans and specs: No exceptions were taken to the project documents in the bid. Client Office Concurrence: Mark Law, Deputy Director, Utilities has indicated his concurrence with the recommendation to award to AKA Services. If you have any questions please contact Clem Bucher, Contract Administrator, ext. 6491. CC: File Mark Law Barbara Conboy Clem Bucher Bill DeBeck PF/slr S:kEngineering~Engineering Dept. Memorandum.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR VI.-CONSENT AGENDA ITEM C.1 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] July 17, 2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) [] August 7, 2001 July 18, 2001 (5 00 p m.) [] October 2, 2001 September 20, 2001 (5:00 p.m.) [] August 21~ 2001 August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) [] September 4. 2001 August 22, 2001 (5:00 p.m.) [] NOvember 6, 2001 October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report [] Development Plans -- _--~-< [] New Business c -~ [] Legal ~ mo [] Unfinished Business ::~ z Presentation RECOMMENDATION: Motion to approve full release of surety for the project known as Sunset Cay, and authorize refund of the cash surety in the amount of $5,000 to the developer, Bovis Homes. EXPLANATION: This project is fully completed, and the warranty period has expired. The $5,000 cash surety, which was posted to cover any failures during the warranty period, may now be released. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. Utilities Department Name ~lty Manager's Signature otp, XC: Peter Mazzella (w/attachment) Finance Dept. " City Attorney " File " S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY TO BOVIS HOMES, IN THE AMOUNT OF $5,000.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bovis Homes, the developer for the project known as Sunset Cay, previoUSly posted a cash surety in the mount of $5,000.00 for the water and sanitary sewer system; and WItEREAS, the Utility Department of the City of Boynton Beach is satisfied with the completion of the work, and the warranty period has expired. 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 the recommendation of staff, hereby approves the release of the cash surety in the amount of $5,000.00, to Bovis Homes. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk s:ca~ResokI.etier of Credit/Cash Surety Release -Boris Homes DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 5000.00 To: Bovis Homes 1916 Boothe Circle Longwood, FL 32750 AEn:John Zabel For: Release of surety on the water and sanitary sewer sytems in Sunset Cay Requested by Approvals: Peter Mazzella, Assistant to the Director~/~ DateAugust 15, 2001 Finance Dept. Ci~ Manager cc. Barbara Conboy '401 0000 220 99 00 $5000.00 $5000.0O VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] July 17.2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001 [] August 7. 2001 July 18,2001 (5:00 p.m.) [] October 2, 2001 [] August 21, 2001 August 8, 2001 (5:00 p.m.) [] October 16. 2001 [] September 4. 2001 August 22, 200l (5:00 p.m.) [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5.200l (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3. 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve a resolution for the release of thc Letter of Credit for the Boynton Beach Boulevard PCD in thc amount $20,000.00. EXPLANATION: The Engineering and Utilities Deparmaent have approved release based upon completion of required work. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: _ t- Quintus L.~r~e~e~, Del0elop~dnt Di?ector Department of Development Department Name ~ Manager s Signature City Atton~ey / Fh~i~'FHuman Resources S:\BULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. ROI- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BORON BEACH, FLORIDA, AUTHORIZING A RELEASE OF THE SURETY (Letter of Credit No. Jfi081 TO THE OF FLORIDA DOLLARS; EFFECTIVE DATE. PROVIDING FOR AN WItEREAS, The University of Florida, Foundation, Inc. previously posted a surety in the mount of Twenty Thousand Dollars ($20,000.00) for the project known as Boynton Beach Boulevard PCD; and WltEREAS, the project known as Boynton Beach Boulevard PCD has been completed and the City of Boynton Beach's Department of Engineering is satisfied with the completion of the work; and WltEREAS, the Utilities Department of the City of Boynton Beach is satisfied with the completion of the work. 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 the recommendation of staff, hereby approves the release of the surety in the amount of $20,000.00 to University of Florida Foundation, Inc. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk s:cahReso~Letter of Credit] Surety Release - University of Florida Foundation TO: FROM: DEPARTMENT OF ENGINEERI~ MEMORANDUM NO. 01-136 Quintus Greene Director of Developmem Laurinda Logan, P.E. Civil Engineer Engineering Department DATE: July 30, 2001 Request for Release of Cash Surety BOYNTON BEACH BOULEVARD PCD Letter of Credit J508805 University of Florida Foundation The attorney for the Surety Holder, Barnett Bank, has submitted a request for f'mal release of surety funds for the above referenced project. Based on the attached information this Department does recommend release of the surety for this project. If you have any questions regarding this matter, please comact myself, Laudnda Logan, P.E., Civil Engineer, x6482, or Dave Kelley, P.E., Utility Engineer, x6488. Xc: Laurinda Logan, P.E., Civil Engineer, Engineering Department Dave Kelley, P.E., Utility Engineer, Engineering Department Frantz LaFontant, Engineering Inspector, Engineering Department File J:\SHRDATA~Engineering~Logan\SurefiesXBoynton Beach Blvd PCD.doc SCHROEDER AND LARCHE, P.A. ATTORNEYS AT LAW ONE BOCA PLACE, SUITE 319-ATRIUM 2255 G~%DES BOCA RATON, FLORIDA 33431-7313 TELECOPIER (561) 241-0798 BOCA RATON (561} 241~0300 T~.T.RCOPIER TRANSMITTAL SHEET BILLING NO.: 0010-066 TELECOPY NO.: (561) 732-3993 TO: Mr. Bill R. Winchester FROM: RE: Letter of Credit DATE A~ril 13. 2001 SPECIAL INSTRUCTIONS: Mr. Winchester - attached is the invoice from Bank of America regarding the Letter of Credit (please ignore my notes on =his in~oice)~. I spoke with a representative at Batik of America and in order to cancel the Letter of Credit, we need to obtain the original Letter of Credit back from the City of Boyn~on Beach and the City of Boynton Beach needs to write a letter (placing it on the City's letterhead), stating that the Letter of Credit is no longer needed· If you have any questions, please do not hesitate to call me. Sandy. TOTALNU~ER OF PAGES iNCLUDING THIS PAGe: C~ ORIGINAL TO FOLLOW: No CONFIDENTIALITY NOT~ T~E IN~RMAT~ON CONTAINRD IN T~IS FAC$%MILE TRANSMISSION IS ~LY PRIVI~D ~ ~ US AT ~ ~DH~S ~ VIA U.S. ~L. ~K YOU. ~ TE~PI~ ~ER zs: (~61) 241-0~98 Banko!AmerlM ~ z,~'L-~'f.,k. OF C:R]~ZT # 0050880S C~JS~:X4~ ~,.UaJl~ C0034875 ~XV'~.SX'X'Y OF FLORID& l'.O. BOX :1.4425 P&GS IT&T.~-DATB O&/02/O2 20,000.00 ' 36S ' 2,00~000" 300.00 A2S.00 PAGE: 1 L/C NUMBER: J508805 BARNET~ BANK OF ALACMUA COUNTY N.A. IRREVOCABLE STANDBY LETTER OF CREDIT LETTER OF CREDIT NUMBER: J508805 ISSUE DATE: MARCH 30, 1995 APPLICANT: UNIVERSITY OF FLORIDA FOUNDATION, INC. P. O. BOX 14425 'GAINESVILLE , FL 32604 BENEFICIARY: CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33425 AMOUNT: USD 20,000.00 TWENTY THOUSAND AND 00/100'S USD DATE OF EXPIRY : MARCH 30, 1996 PLACE OF EXPIRY: AT OUR COUNTERS WE HEREBY ISSUE AN IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 508805 FOR THE ACCO%TNT OF THE UNIVERSITY OF FLORIDA FOUNDATION, INC., P. O. BOX 14425, GAINESVILLE, FLORIDA IN THE AMOUNT OF TWENTY THOUSAND AND 00/100 ($20,000.00), EXPIRING AT THIS OFFICE MARCH 30, 1996. THIS LETTER OF CREDIT IS ISSUED FOR RECLAMATION WORK THAT MAY BE REQUIRED AS THE RESULT OF THE CLEARING AND DEMUCKING ACTIVITIES TO BE CONDUCTED UPON THE PROPERTY FRONTING ON BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA AND COMMONLY KNOWN AS THE BOYNTON BEACH BOULEVARD PCD. YOUR ARE HEREBY AUTHORIZED TO VALUE ON BARNETT BANK OF ALACHUA COUNTY, N.A., GAINESVILLE, FLORIDA BY DRAWING DRAFTS AT SIGHT ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1. THIS ORIGINAL LETTER OF CREDIT. AN AFFIDAVIT SIGNED BY AN AUTHORIZED AGENT OF THE CITY OF BOYNTON BEACH INDICATING THAT THE AMOUNT DRAWN REPRESENTS THE TOTAL COST TO COMPLETE THE RECLAMATION WORK THAT IS REQUIRED AS A RESULT OF THE CLEARING AND DEMUCKING ACTIVITIES BEING CONDUCTED UPON THE PROPERTY FRONTING ON BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA AND COMMONLY KNOWN AS THE BOYNTON BEACH BOULEVARD PCP. THIS LETTER OF CREDIT IS EFFECTIVE AS OF MARCH 30, 1995, AND SHALL EXPIRE ON MARCH 30, 1996, BUT SUCH EXPIRATION DATE SHALL BE AUTOMATICALLY EXTENDED FOR A PERIOD OF ONE YEAR ON MARCH 30, 1996 AND ON EACH SUCCESSIVE EXPIRATION DATE, UNLESS, AT LEAST 60 DAYS BEFORE THE CURRENT EXPIRATION DATE, WE NOTIFY BOTH YOU AND UNIVERSITY OF FLORIDA FOUNDATION, INC. BY CERTIFIED MAIL THAT WE HAVE DECIDED NOT TO EXTEND THIS LETTER OF CREDIT BEYOND THE CURRENT EXPIRATION DATE. IN THE EVENT YOU ARE SO NOTIFIED, ANY UNUSED PORTION OF THE CREDIT SHALL BE AVAILABLE ~PON PRESENTATION OF YOUR SIGHT DARFT FOR 60 DAYS AFTER THE DATE OF RECEIPT BY BOTH YOU AND UNIVERSITY OF FLORID~ FOUNDATION, INC. PLEASE PRESENT YOUR DOCUMENTS WITH AN ADDITIONAL COPY FOR OUR RECORDS TO OUR LETTER OF CREDIT PROCESSING CENTER AT THE FOLLOWING ADDRESS: BARNETT BANK OF JACKSONVILLE, N.A. Contact: Kip Harrison, Vice President 50 NORTH LAURA STREET Barnett Bank of%lachua County, N.A. 15TH FLOOR (90&) 338-6609'/ WE HEREBY AGREE WITH YOU THAT ALL DRAFT(S) DRAWN UNDER AND IN COMPLI~ANCE WIT}{ THE TERMS OF THIS LETTER OF CREDIT WILL BE FULLY HONORED UPON PRESENTATION, AS SPECIFIED HEREIN. DRAFTS DRAWN UNDER THIS CREDIT MUST INDICATE: "DRAWN UNDER LETTER OF CREDIT NO. J508805 OF BARNETT BANK OF ALACHUA COUNTY N.A. MARCH 30, 1995." THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICES FOR DOCUMENTARY CREDITS, 1993 REVISION-PUBLICATION NUMBER 500, ISSUED BY THE INTERNATIONAL 'CHAMBER OF COMMERCE, PARIS, FRANCE. 'A~0THORIZED SIGNATURE Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 ] August21,2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH - AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in .to Ci.ty Clerk's Office July 5, 2001 (5:00 p.m,) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17; 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: Approve a resolution authorizing the Mayor to execute an agreement between the City of Boynton Beach and the U.S. Department of Justice Office to accept a Grant in the amount of $160,939. EXPLANATION: The Cip] of Boynton Beach Police Department has been awarded a grant from the U.S. Department of Justice, Local Law Enforcement Block Grant Program to fund for Training eqmpment, Traffic Mapping, Digital Evidence System, AFIS ~ystem, Radar and Laser equipment, Digital Camera equipment and other misc. items. By passing this resolution the City will accept this grant. The City of Boynton Beach will need to provide a 10% matching fund. PROGRAM IMPACT: This grant will allow the Police Department to fund new equipment much needed within the department. FISCAL IMPACT: LLEBG $160,939 City of Boynton Beach $17,882 Total Fnnding $178,821 Funding has been provided in account 001-2110-521-91-04 ALTERNATIVES: Byno~g this gr~?tlS~ City will have to fund these projects entirely?r?im~te the projects. / Departmentl~ead's Signature City Manager's Signature Police S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, UNITED $17, AND CITY ACCEPTING THE LOCAL LAW ~ OF i TO OF MAYOR AWARD; AND WHEREAS, the City of Boynton Beach Police Department applied for and has been awarded a grant from the U.S. Department of Justice; and WHEREAS, said grant is in the mount of $160,939 with a local match of 10%, which match totals $17,882. 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 hereby authorizes and directs the Mayor and City .Clerk to accept and execute the Grant from the U.S. Department of Justice in the amount of $160,939 and to provide the sum of $I7,882 to serve as the City's Local Match, which matching funds have been provided for by the Police Department in the cmrent budget. A copy of the agreement is attached hereto as Exhibit "A." Sectio~i ;~. This Resolution shall become effectiv, e immediately upon passage. PASSED AND ADOPTED this day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk s:cakreso~agreementskgran~SXbbpd~Justice Department Block Grant Office of the Director U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 August 8, 2001 Mr. Broening Mayor, Boynton Beach City 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435-3899 RE: Fiscal Year 2001 Local Law Enforcement Block Grants Program Dear Mr. Broening: [ am pleased to inform you that I have approved the application for funding under the Bureau of Justice Assistance's (BJA) Fiscal Year 2001 Local Law Enforcement Block Grants (LLEBG) Program in the amount of $160,939 for Boynton Beach City. The purpose of the_LLEBG Program is to reduce crime and improve public safety. This Block Grant Award may be used for any of the purpose areas described in the statute. Enclosed you will find the Grant Award and Special Conditions documents. If you have any programmatic questions regarding this award, please contact BJA's State and Local Assistance Division at (202) 514-6638. In addition, all financial questions regarding this award should be directed to the Office of the Comptroller, Customer Service Division at (800) 458-0786. I look forward to a continuing partnership with Boynton Beach City in furtherance of this important criminal justice program. Sincerely youth, Richard H. Ward, III Acting Director Attachments U.S. Department of Justice Office of Sustice Programs Oj~ce for Civil Rights Washington, D.C. 20531 August 8, 2001 Mr. Bmening Mayor, Boynton Beach City 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435-3899 Dear Grant Recipient: Congratulations on your recent award. Because you have submitted Certified Assurances that your agency is in compliance with applicable civil rights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. sec. 42.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 Seventh Street, N.W., Room 5107, Washington, D.C. 20531. Additional Instructions For Grantees Receiving $500,000 Or More2° In accordance with Assurance No. 15, each grantee that receives $500,000 or more (or $1,000;000 in an 18- month period), and has 50 or more employees, must submit an Equal Employment~Opportunity Plan (EEOP)within 60 days from the date of this letter to OCR at the above address. ~ '2. of choose, to complete an EEOP Short Form, in lieu of and return it to OCR within 60 days of the date Form reduces paperwork and will ensure:a quicker OCR review and approval. you in completing this requirement. Please be reminded that the above requirements apply to primary grantees and to each of their subgrantees or contractors that meet the criteria outlined in this letter.: Therefore, all primary grantees should apprise subgrantees of these responsiblities and those meeting the criteria should send their EEOPs or EEOP Short Forms directly to the Office for Civil Rights within 60 days of the date of their award. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY'RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving $25,000 Or More, But Under $500,000: Pursuant t'o Department of Justice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR.) Please complete the applicable section of the attached Certific~afion Form and retum itto OCR Within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regardless'of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. If you have already submitted an EEOP as part of another award from the Office of Justice Programs (OJP) or the Office of Community Oriented Policing Services (COPS) within this grant period, or if you have certified that no EEOP is required, it is not nec~sary for you to submit another at this time. Simply send a copy of the letter you received from OCR showing that your EEOP or cextification is acceptable. Additional Instructions For Grantees Receiving Under $25,000: A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. Certification is required. No Instructions for All Grantees: In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of ~mpioyees in their Workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of OJP funding; and may require all reeipients,.through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment oppOrtunity requirements. 2 If you have any questions, please call OCR at (202) 307-0690. Additional information and technical assistance on the civil rights obligations of grantees can be found at: http://www, ojp usdoj.gov/ocr/. CC,' Grant Manager Financial Analyst Sincerely, Michael L. Alston Acting Director, Office for Civil Rights 2 The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964.42 U.S.C. sec. 2000e. U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS ~ OJP ~ BJA [] OJJDP CHECK APPROPRIATE BOX 1. GRANTEE NAME AND ADDRESS (!ncluding Zip Codc) Boynton Beach City 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435-3899 IA. GRANTEE IRS/VENDOR NO. 596000282 2. SUBGRANTEE NAME AND ADDRESS (Including Zip Code) 2A. SUBGRANTEE IRS/VENDOR NO. 3. PROJECT TITLE FY 2001 Local Law Enforcement Block Grants 12. SPECIAL CONDITIONS (Check, if applicable} AWARD ] GRANT ] COOPERATIVE AGREEMENT 4. AWARD NUMBER: 2001-LB-EX,3923 10/01/2000 TO 09,30/2002 10/01/2000 TO 09J30/2002 L PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 08/08/200 I 8. SUPPLEMENT NUMBER 7. ACTION [~] Initial I [] Supplemental PAGE 1 OF 5 $0.00 $160,939 9. PREVIOUS AWARD AMOUNT i0. AMOUNT OF:THIS AWARD I11. TOTAL AWARD THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED 4 PAGES $160.939 [3. STATUTORY AUTHORITY FOR GRANT TITLE I OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. 42 U.S.C. 370I, ET. SEQ., AS AMENDED ] TITLE 2 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 42 U.S.C. 5601, ET. SEQ.. AS AMENDED ---~ VICTIMS OF CRIME ACT OF 1984, 42 U.S.C. 10601, ET. SEQ., PUBLIC LAW 98-473, AS AMENDED ] OTHER (Specify): Fiscal Year 2001, Depattmants of Commerce, Justice, and Stat~. thc Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 106-553) 14. FUTURE FISCAL YEAR(S) SUPPORT: SECOND YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A THIRD YEAR'S BUDGET PERIOD:. N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: TYPE OF FUNDS: 15. METHOD OF PAYMENT THE GRANTEE WILL RECEIVE CASH VIA A LE'I'rER OF CREDIT AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OJP OFFICIAL Richard H. Ward, 111 Acting Director Bmeau of Justiea Assis~nc~ 17. SIGNATURE OF APPROVING OJP OFFICIAL ] YES [] NO ~ GRANTEE ACCEPTANCE ~{ 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Gerald Bwening Mayor 21. L18MI4 .DIV. L101U03923 YEARCODE ACT. OFC. REG. SUB. DOMS OJP FORM 4000/2 (REV. 587] PREVIOUS EDITIONS ARE OBSOLETE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS [~ OJP [] BJA [~ OJJDP CHECK APPROPRIATE BOX PROJECT NUMBER: 2001*LB-BX-3923 AWARD CONTINUATION SHEET ] GRANT ] COOPERATIVE AGREEMENT AWARD DATE 08/08/2001 PAGE 2 OF 5 SPECL4L CONDITIONS 1. The recipient agrees m comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient agreas to comply with the organizational audit requiremems 0f OMB Circular, A- 133, Audits of States, Local Governments and Non-Profrt Organizations, as further described in OJP's Financial Guide, Chapter 19. 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity plan (if recipient is required to submit one p~rsuant to 28 CFR 42.302), that is approved bythe.Office of Civil Rights, is a violation of its Certffied Assurances and may result m suspension or termination of funding, until such t~me as the recipient is in compliance. 4. The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds, pursuant to section 101(g) of H.R. 728, 104th Cong. (1995). 5. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any publicati°~s (written, visual, or sound), whether publiShed at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2001-LB-BX-3923 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies oftbe U.S. Department of Justice." 6. The recipient agrees to provide information required for any national evaluation conducted by the U.S. Department of Justice. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, as described in the applicable purpose area of Subpart A section 101 (a)(2) of H.R. 728, 104th Cong. (1995), that the recipient unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public safety service. If the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, the unit of local government will establish procedures to give members of the Armed Forces who, on or after October 1, 1990, were or are selected for involuntary separation (as described in section 1141 of Title 10, United States Code), approved for separation under section 1174a or t 175 of such rifle, or retired pursuant to the authority provided under section 4403 of the Defense Conversion, Reinvastment, and Transition Assistance Act of 1992 (division I) of Public Law 102-484; 10 U.S.C. 1923 note), a suitable preference in the employment of Persons as additional law enforcement officers or support personnel. OJP FORM 4000/2 (RL~v'. 587) PI~VIOUS EDITIONS ARE OBsoLETE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS CHECK APPROPRIATE BOX PROJECT NUMBER: 2001-LB-BX-3923 AWARD CONTINUATION SHEET x~GRANT ] C~PE~TIVE AG~ENT PAGE 3 OF 5 AWARD DATE 08/08/2001 SPECIAL CONDITIONS CONTINUED 8. The recipient agrees this award document constitutes the. obligation of federal funds for use by the recipient in execution of the program or project covered by the award. Such obligation may be terminated without further cause if the recipient fails to affirm its timely utilization of the award by accepting the award and special conditions within 45 calendar days from the date of award. 9. The recipient agrees to submit th~ Request for Dmwdown via the Internet system within 90 calendar days from the date of award, or to have all funds deobligated for redistribution during the next funding cycle. I0. The recipient agrees to one 24 month obligation and expenditure period, as established at the approval of the Request for Drawdown. All funds must be expended :by the end of this 24 month period with no exceptions. 11. The recipient is required to establish a trust fund account. This fund may not.be used to paydebts incurred by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the 24 month period. Grant funds (including any interest camed) not expended by the end of the 24 month period must be returned to the Bureau of Justice Assistance (BJA) by the end of the 27th month, along with the final submission of the Financial Status Report (SF~269A). 12. The recipient agrees to submit one final progress report via the Interact system at the end of the 24 month obligation and expenditure period. 13. The recipient agrees, if funds are used bythe recipient or subrecipient for enhancing security, that the recipient or subrecipient - o (a) has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparagraph (t5) of section 101 (a)(2), on the incidence of crime in the geographic area where the enhancement is undertaken; (b) will Conduct such an assessment with respect to each such enhancement; and, (c) will submit to the Bureau of Justice Assistance (BJA) an annual assessment report via the lnternet system. 14. The reciPient agrees to comply with 28 CFR Part 23. if federal funds are used to support Criminal Intelligence Systems, oJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE U,S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS [] OJP [] BJA [] OJJDP [] BJS [] [] ovc CHECK APPROPRIATE BOX PROJECT NUMBER: 2001-LB-BX-3923 AWARD CONTINUATION SHEET ] GRANT ] COOPERATIVE AGREEMENT AWARD DATE 08/08/2001 PAGE 4 OF 5 SPECIAL CONDITIONS CONTINUED 15. 16. 17. The recipient agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use ofthese grant funds, either directly by the recipient or by a subrecipient. Accordingly, prior to obligating grant funds, the recipient agrees to first determine if any of the following activities will be related to the use of the grant funds. The recipient understands that this special condition applies to its following new activities, whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity, needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: I. New construction; 2. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or Co) located within a 100-year flood plain; 3. A renovation, lease, or any proposed use of a buildhg or facility that will either (a) result in a change in its basic prior use or Co) significantly change its size; and, ' 4. Implementation of a new program involving theuse of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and Co) traditionally used, for example, in office, household, recreational, or educational environments. Application of This Special Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipient's existing programs or activities that will be funded with these grant funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. The recipient agrees to ensure that the State InformatiOn Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file ~ioc~menting the meeting of this requirement. For a list of State information Technology Points of Contact, go to http://www.ojp.usdoj.gov/ec/states.htm The recipient agrees to provide and expend a 10 percent cash match (calculated as 1/9 of the federal award amount) before the end of the 24 month obligation and expenditure period. The recipient is reminded that the matching funds are auditable under Special Condition #2 and will be binding to the recipient. OJP FORM 4000/2 (REV. 587} PREVIOUS EDITIONS ARE OBSOLETE CHECK APPROPRIATE BOX PROJECT NUMBER: 2001-LB-BX-3923 AWARD CONTINUATION SHEET ] GR~NT ] COOPERATIVE AGREEMENT AWARD DATE 08/08/2001 SPECI.4L CONDITIONS CONTINUED PAGE 5 OF 5 18. 19. 20. 21. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, at least one (1) public hearing will be held regarding the proposed use(s) of the grant funds. The recipient must also provide verification to BJA, via the,In?met system, .of. the public hearing. At the henring~ pers°ns shall be given an oPPortunity to provide written and oral vtews to tho reclplent on the proposed Use(s) of the grant funds: The recipient will hold the public hearing at a time and place that allows and encourages public attendance and participation. The recipient may not request a drawdown of funds until these requirements are raet and the formal budget allocations are adopted by the recipient. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, a previously designated or newly established advisory board will meet to discuss the proposed use(s) of the grant funds. The reciPiedt will designate the advisory board to make nonbinding recommendations on the use(s) of funds under the LLEBG Program. Membership on the advisory board must include a representative from the following, though itmay be broader: a) the local police departmei~t or sheriffs department; b) the local prosecutor's office; c) the local court system; d) the local school system; and, e) a local nonprofit, educational, religious, or community group active in crime prevention or drag use prevention or treatment. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations i are adopted by the recipient. The recipient has certified it is not in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2001, Departments of Commerce, Susfice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 10~-~53)~ Therefore, the recipient will receive not more than 90 percent of the eligible award amount (or, if less than the eligible amount was requested, of that amount). This provision makes no allowances for a unit of local government to come into compliance during the life of the grant; consequently BJA will not consider requests to adjust the adjusted award amount. The recipient agrees that funds provided under this award may not be use~l to operate a "pay-to-stay" program in any local jail. The recipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs. OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE CITY OF BOYNTON BEACH -AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] July 17, 2001 July 5, 2001 (5:00 p.m.) [] September 19, 2001 [] August 7, 2001 July 18, 2001 (5:00 p.m.) [] October 2, 2001 [] August 21, 2001 August 8, 2001 (5:00 p.m.) [] October 16, 2001 [] September4,2001 August22,2001 (5:00p.m.) [] Nov~mber 6, 2001 VT.-CONSENT AGENDA ITEM D.1 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Lega~ [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the September 4, 2001 City Commission Agenda ut~r c~ ~ Consent Agenda. The Planning and Development Board with a unanimous vote recoirunended that the subject re,st ~ approved (no conditions of approval are recommended). For further details pertaining to this request st attael~ed Department of Development Memorandum No. PZ 01-014. "': x~z EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: KERVERN SWIMMING POOL VARIANCE George Kervem George Kervem 2522 SW 12t~ Street Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning Regulations, Section 11, Supplemental Regulations, E., to place a swimming pool at four (4) feet from the rear property line in lieu of the eight (8) feet required by code for a single-family residential dwelling in a R-l-AA zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: .~ N/A D evelopmo~I~el]artment D~rector Planning & Zoning/Director City Man~er '~/Signature City Attorney / Finance / Human Resources S:~Planning~SHARED\WPXPROJECTSXKervcm Variance~Agcnda Item Request 9-04-01.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #01-014 Staff Report for Planning and Development Board and City Commission Meeting Date: August 28, 2001 File No: ZNCV 01-018 - Pool rear setback from property line Location: 2522 SW 12t~ Street (Lot #25, Block 19, Golfview Harbour 2"d Section) Owner: George P. and Colette M. Kervern Project: Request: Pool addition to a single-family house zoned R-l-AA Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, E., to allow a swimming pool at four (4) feet from the rear property line in lieu of the eight (8) feet required by code for a single-family residential dwelling zoned R-l-AA. BACKGROUND The subject property and neighborhood are currently zoned R-l-AA, single-family residential. The property is located between SW 12th Street to the west and the canal known as Lazy Lake to the east, where the canal widens resembling a lake (see Exhibit "A" - location map). The house built on the property in 1985 was constrUcted with a rear setback of twenty (20) feet, therefore limiting the possibilities for the construction of accessory structures. The twenty (20) foot rear setback was achieved through avariance granted in 1971. The applicant has requested relief from the above-referenced code requirements to allow for the construction of a pool addition in the rear yard (see Exhibit "B" - survey). ANALYSIS, The code states that the zoning code vadance 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. d. 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, or structure. Page 2 File No. ZNCV 01-018 That the grant of the variance will be in harmony with the genera/intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The analysis of this request is focused on the applicant's response to the above criteria contained in Exhibit "C". As stated by the appl cant there are special conditions and circumstances attributed to building design. As a result, the building rear setbaCk was permitted to be placed at the distance of twenty i20) feet from the property line as 0pposed to the twenty-five (25) feet required by code, therefore imiting the applicant possibilitie~ for fUrther, improvements (see Exhibit, "B" - survey). The twen'ty(20) foot rear setback was the subject of a variance request approved on August 23, 1971. Staff acknowledges the po!,e,.n, tial for creating certain hardships by the City permitting such setback, and concludes that criteria b above is met. Applicant has stated that the granting of this variance request will not confer any special privilege. City records indicate that out of 336 parcels on the Plat of Golfview Harbour, Section 2, ninety (90) lots have been the subject of variance approval .since 1970, 88 of them for rear setbacks; it was not possible to determine whether the approved rear setbaCks were to allow structural additions or to allow the construction of swimming pools (see Exhibit "D" ~ variances map). Based on the previous reasoning, staff concurs with the applicant that the approval of this variance request will not confer any speCial privileg~ that has not been granted to others, and that doing otherwise, would deprive the applicant of Hghts enjoyed by others in the same area and same zoning district. cLastly, staff believes that granting this variance will have minimal impacts upon the neighborhood onside~'ing that the rear.of the subject property, similar to the locations where 42 sim lar variances were approved, fronts the canal known as Lazy Lake. Staff inspected the area and it was noted that mOst of lhe properties fronting the canal have a seawa II plus a small dock constructed along the water line. Also, t was noted that sorr{e of the properties include swimming pools; however, the lack of records prevented the determination of other setbacks, but it was noted an ample green area between the canal waters' edge and the building's lines or the pools water's edge. It seemed that the ample green area was a combination of the properties rear yar(~ and the canal right-of-way, as it can be seen in the survey for the subject property. Obviously, the extra space provided by the canal right-of-way minimizes any negat ve impacts upon the neighborhood. Therefore, staff conclUdes that granting the variance request will not be injurious nor detrimental to the public welfare. RECOMMENDATION Staff concludes that the approval of the requested variance will allow a more reasonable use of the property while beautifying the canal-lake area, while allowing the applicant a better enjoyment of his property. Furthermore, staff'believes that the applicant has met hardship criteria above, as 1) the applicant inherited the current situation; 2) no special privilege will be confer to the applicant other than the ones already confered to others; 3) ~egative impacts upon the neighborhood will be minimized by the natural separation existing between rear p rope~ties provided by the lake; and 4) Two (2) adjacent property owners support the subject request, including the owner of the f located nearest to the proposed pool location (no objections to this application have een received by staff). e, staff recommends that the request for relief from Chapter 2, ~'oning, Section 11 ,E., to allow a swimming pool located at four (4) feet from the rear property line in lieu of the eight (8) feet required by code, be approved. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or City Commission will be placed in Exhibit "E ,. MR/JA S:'~P~anning~SHARED~WP~PROJE,CTS~Kervem Variance\Staff Report.doc LOCATION MAP Kervern Property EXHIBIT "A" --~ I/8 MILES 4001800 FEET ..... ~.z~..~. ¢/.,,,/~' .. EXHIBIT "B" SURVEy EXHIBIT "B" i july 2, City of Boynton Beach Planning and Development Board Dear Sir or Madarm In response to the six questions A-F in section The special condition and circurmtance that exist is the amount of property available behind my house to build a swimming pool. The total distance from the back of my house to the seawall is 35 ft. The survey of my property shows that there is 20 ft available to build a pool (distance' from house to actual property line0. Chapter 2 Section 11.E building code requires that the pool is 8 ft from the rear property line. I am requesting a 4 ft variance that would allow for a 12 fr wide pool with a 4 ft deck between screened porch and the water line of the pool an the west side and a 4 ft deck between the sea wall and the property line on the east side. This variance would not affect any property or neighbor behind me as my property is located on a small lake. I am not the original owner or builder of the house and therefore did not have the opportunity to leave the required distance as indicated by the code above. This variance will not affect any other property owner, as there are no other properties located directly behind my parcel of land. The rear portion of this parcel has a seawall separating the land from the lake. There are numerous homes in Golf view Harbor that appear to have pools in the rear area of the property that do not meet the strict distance of the building code above. I have included photographs and addresses of these properties for review. As stated in "C" above, there are numerous homes in the neighborhood that appear to have pools in the rear area of the property that do not meet the strict distance of the building code above. These families enioy the pleasure' of having a pool directly located in their backyard. I would like the opportunity for my family to enjoy the use of a pool in my backyard. In addition, a pool will increase the overall value of my house and property. E) The 4 ft variance requested is the minimum variance that will make it possible for me to build a pool. This variance would allow me to build a pool that is 12 ft wide (smaller than the average 15 ft wide pool size). This request for a variance is solely for the purpose of building a pool in the rear portion of my property. In no way would this wri,nce be injurious to the area involved or to the public welfare of the Golfview Harbor neighborhood. Thank you for reviewing this package and my request for a property variance. 2522SW 12TM ST · BOYNT~[5'~N BEACH FL. 33426. PHONE: 369-0634 · FAX: 622-2005 z~ -V-ARt ANC-ES-MAP ~i .~ w ~ ~- ~, ,~. VE LAZY 'LA/Z, -, L'~ Z y 'LAKE :..WA AVE YE FEET ,,//,///v' ~' EXHIBIT "E" Conditions of Approval Project name: George P. and Colette M. Kervem residence File number: ZNCV-01-018 (swimming pool rear setback) Reference: Zoning Code Variance Application dated July 18, 2001. DEPARTMENTS INCLUDE REJECT PUBLIC woRKs Comments: None X UTILITIES Comments: None X FIRE Comments: None X , POLICE Comments: None X ENGINEERING DIVISION Comments: None' X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\PLANNING~HARED\WP~PROJECTS\KERVERN VARIANCE~COND. OF APPR P&D SIDE SETBACK.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Kervern residence APPLICANT'S AGENT: -George P. :and Colette M. Kervern APPLICANT'S ADDRESS: 2522 SW 12th Street DATE OF CITY COMMISSION PUBLIC HEARING: September 4, 2001 TYPE OF RELIEF SOUGHT: Swimming pool rear yard setback from property line LOCATION OF PROPERTY: 2522 SW 12~h Street DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above, The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which ~r~ ~d found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and. heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner Consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 Appli.c~_nt's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 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\KERVERN VARIANC~DEVELOPMENT ORDER.DOC Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 200t [] August21, 2001 [] September 4, 2001 VT.-CONSENT AGENDA TTEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p,m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October2, 2001 [] October 16, 2001 November 6; 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent ~Agenda [] New Business [] Public ~earing [] Legal [] Bids [] UnfmishedBnsiness [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Please place ~s request on the September 4, 2001 City Commission Agenda4Bade~:!;'~ Consent Agenda. The Planning and Development Board ~with a unanimous vote recommended that the subject rU~,uest~lie~ approved (no conditions of :approval are recommended). For further details pertaining to this request-~"ge a~c~d Department of Development Memorandum No. PZ 01-175. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BOYNTON BEACH MEDICAL PAVILION Chris Kerr, ~l~daY & Associates, Inc. Bethe~da Healthcare System 2800 SeaCrest Boulevard Requ~ist for relief from~ the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11 .H. 16.D. (19), requiring a ratio of one (1) pakking sPaCe per 200 square feet of gross floor area and I46 Spaces to allow use o~the rati~ of one (1) parking space per 210 square feet of gross floor Qr 139 space~ which is a reduction of seven (7) spaces required for a medical office building on a Parcel zoned C- 1. PROGRAM IMPACt: N/A FISCAL IMPACT: N/A -et? ~ · -) N/A Develo~en~De~ent Directo-~ ! City Manager's Signature -/ ~ Planning & Zonin~ ~irector City Attorney / Finance / Human Resources S:LPIanningkSHARED\WPXPROJECTS~Boynton Beach Medical Pavilion~qCV~genda Item Request Boynton Beach Med Pay Parking Var 9-04-01.dot S:~BULLETINXJ:ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #01-175 Staff Report for Planning and Development Board and City Commission Meeting Date: August 28, 2001 File No: ZNCV 01-017 Parking variance Location: 2815 South Seacrest Boulevard ,Owner: Bethesda Healthcare System Project: Request: Medical Office Building Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,H.16.d..(19), to allow one (1) parking space per 210 square feet of gross floor area instead of the required ratio of one (1) parking space per 200 square feet of gross floor area, resulting in 139 spaces in lieu of the 146 spaces, a reduction of seven (7) spaces for a medical office building on a parcel zoned C-1. BACKGROUND The subject property was developed in 1978 with a cluster o~ three (3) buildings, which are currently used for medical offices. The site is located along South Seacrest Boulevard immediately opposite Bethesda Memorial Hospital (see Exhibit "A"- location map). The applicant has concurrently applied for site plan approval, a code review to increase building height and add parapets to the list of elements eligible for a height exception, along with this parking lot variance application all in preparation for the development of a new medical office building (see Exhibit "B' - site plan). The subject site plan shows project square footage would total 29,173 square feet which generates the need for a total of 146 parking spaces at the minimum required ratio of one (1) parking space per 200 square feet of gross floor area; however, the applicant proposes 139 spaces. Therefore, a variance is necessary to obtain relief from the zoning regulations to reduce the parking requirement from.one (1) space per 200 square feet of gross floor area to one I1) space per 210 square feet of gross floor area The proposed reduction, and variance request, represents a difference of seven (7) parking spaces. The following is a description-of the zoning districts and land uses surrounding the subject property: North: SE 27th Avenue right-of-way and farther north a medical office building zoned C-1; South: East: West: Medical office building zoned C-1; 1 Place right-of-way; and farther east a church ocated within a single-family SE st · neighborhood zoned R-l-AA; and Seacrest Boulevard right-of-way and farther west Bethesda Memorial Hospital zoned C-1. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: Page 2 File No. ZNCV 01-017 That special, conditions and circumstances exist which are peculiar to the /and, structure, or building involved and which are not applicable to other/ands, 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 prfvilege that is denied by this ordinance to other/ands, buildings, or structures in the same zoning district. 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, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (Exhibit "C" contains the applicant's response to the above criteria.) Staff focused the analysis of this variance request on criteria "a" and "f" above. As indicated in the .application, and acknowledged by staff, the parcel is irregularly shaped which affects site layout. ':urthermore, the applicant has indicated that project design, which is a factor of the needs of the ,~ianned medical uses, has been tailored to best balance site constraints and project needs. The existing project consists of (3) buildings totaling 23,149 square feet of medical office space, and 108 parking spaces provided at a ratio of one (1) space per 214 square feet of gross floor area. The applicant believes that the current deficiency in parking is also attributed, in part, to lot configuration. This deficiency along with Other site deficiencies and non-conformities such as lack of curbing and landscaping, and number and location of driveways, makes the development of the subject parcel in accordance with all codes a challenging task. Staff understands that project size has been reduced to the minimal necessary to support the proposed uses, and space has been provided to exceed current landscape regulations and maximize parking spaces. Staff concurs with the applicant's statement that the proposed site layout will offer a more functional and safe use than the existing parking area, while complying with the code requirements for landscaping and site access, among other elements, with the exception of the total number-of spaces. Although the project could fully comply with the parking requirements through the reduction of 1,400 square feet of building area, the following should be considered: 1) The proposed improvement would occupy only 14% of the site, compared to 40% allowed by code; 2) The open spaceor pervious area of the site is 24%, or 10% greater than the proposed lot coverage of the improvement; 3) The proposed improvement represents an improvement in the parking ratio from 1 space per 214 square feet to I space per 210 square feet which still exceeds that provided at conventional offices (1 space per 300 square feet); and 4) All other regulations are to be met on site including the provision of a full loading zone separate from the parking areas (occasionally the loading zone is placed over parking spaces and reserved for off-hour use thereby providing more room for parking spaces. Page 3- File No. ZNCV 01-017 Based on the analysis contained:'herein, ~apter 2, Zoning, Section 1 l:,H.16.d.(t 9), to allow one (1) parking space uare feet of gross floor area instead of the required ratio of one (1) space per 200 square feet of gross floor area, which represents a variance of seven ~ approved. No condition conditions of al ling a in Exhibit "D". MPJJA Attachments S:'~Planning',SHARED'~WP\PROJECTS\B(3ynton Beach Medical Pavilion~ZNCV~STAFF REPORT.doc LOCATION MAP B0ynton Beach Medical pavilion' EXHIBIT "A" REC' 'SITE !I Kilday & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 · Fax (561) 689-259'2 www. kildaYinc.com EXHIBIT C Variance Request for Bethesda Medical Arts Pavilion Prepared by KiMay & Associates, Inc. June 13, 2001 On.behalf of the petitioner, Boynton East Medical Investors, LTD., please accept this variance application for relief from two sections of the City's Land Development Regulations: Chapter 2, Section 11 H. 16.d (19): requires medical offices to park at 1 space per 200 sf of gross floor area. Our site plan will park the medical office at a rate of 1 space per 210 sf of gross floor area, A variance of 5%, or 7 spaces, is requested. Chapter 2, Section 16 A.3: Includes building height limitation of 25' on structures in the C-1 Zoning District. Our proposed office building is 28' in height. A Variance of 12%, or 3 feet is requested. This request will be reviewed concurr6ntly with our application for Site plan approval which was submitted on June 6, 2001. The property is in the C-1 Zoning ~District, which limits building heights to 25'. The proposed height variance will not affect the overall square footage, a two story building is proposed. This proposal is necessary to accommodate the higher ceilings and additional equipment that is required by the state for the uses proposed in the medical offices. The parking variance is necessary due to the unusual dimensions of the property. The site plan approval is for a 29,173 sf medical office building. Part of the amenity package offered to the future tenants of the building will be unusually high ceilings within the offices. This amenity, while visually appealing, is also a functional necessity. Because of the unusual nature of many the medical uses proposed for this building, including ambulatory surgery, higher ceilings are required by state law. In addition, technological advances in surgical procedure have made it possible for more outpatient surgeries to be possible at specialized offices, such as those that will be located in this building. The need for superior air circulation and ventilation is required when even minor surgeries are performed. In order to provide this augmented level of air circulation and ventilation, a minimum of 4 feet is required for each floor. Combined with the higher ceiling heights, a total of 28 feet will be required for the two story building. The subject property is located at the southeast comer of Seacrest Blvd. and SE 27th Ave. This area of the City is predominately medical, hospital and ancillary uses. This stretch of Seacrest Blvd. includes various types of medical office buildings, most of which were constructed over 30 years ago and which have subsequently began to fall into disrepair. However, the redevelopment of the BetheSda Memorial Hospital, which is located directly across the street from the subject property, has acted as an redevelopment of the surrounding properties. These new: more modem and include a greater level of amenities for the customer, and aesthetic. Consistent with this renaissance to the area, the petitioner is proposing to redevelop As a raze and there are various inherent problems for oper to overcome. Attachment 'A' includes pictures of the current develOpment on the property. Please note the decrepit cOnditi°n of the bUildings, the inadequate~nonexistent t eriheter and parking lot landscaping, as Well aSthe extren~ely dangerot~s direct access that currently exists into the site from Seacrest Blvd. The petitioner is attempting to redevelop a property that, as it's currently used, fails :urrent LDR requirements for setbacks, landscaping, parking, ', buffers, and numerous other Code requirements. Also, [mensions of the site and the current parking layout on the rectangle with a sharp angled triangle to the rear. Among :other problems, this makes it particularly difficult to provide ingress and egress onto the Site. The current use on the site was able to overcame this obstacle by~ not providing any curbing or landscaping along half of its Seacrest frontage, and p~tting cars to pa~k alOng the ProPerty ~ro~tagel This has created a situation ~hereby ~ars must back onto Seacrest Blv~ to e~it their parking spaCes. In addition, the existing use on the property provides 108 spaces for 23,149 sf of medical office. This is a rate of one space per_ 214 square feet. The current LDR's require one space per 200 sf. The proposed plan, even with the additional burden of providing all of the landscaping islands within the parking area, providing all of the setbacks and landscape buffers of the LDR's, and eliminating the haz~dous parking along Seacrest Blvd. provides more parking per square foot thah currently :exists on the site. The existing buildings on the site are deficient in terms of the current Code requirements and in terms of what the city would envision for this property. In spite of these problems, the petitioner has created a site plan which meets all of the current requirements except for the two minor variances requested with this application. Whether reviewed individually or in conjunction with the entire plan, the proposed variances will radically improve upon the current situation and will have only a positive effect on the surrounding community. As further described below, the reasons that have made these variances necessary are not the fault of the petitioner, but rather they are the result of the unusual lot configuration and the peculiar uses proposed for the medical building. 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. There are special circumstances that are the peculiar to the land and building involved. The land is of a peculiar ~hape that sig~nificantly effects the way the building and parking lot must be designed. This unusual site configuration has effectively limited the land available for parking. The current building parks the site at a rate of 1 space per 214 sf, this proposal will park the site at a rate of i space per 210 sf. 'The unusual nature of the uses within the building, as described above, make the additional 3 feet in height necessary. b. That the special conditions and circumstances do not result .from the actions of the applicant: The circumstances described above do not result from the actions of the applicant. There are no changes proposed to the existing property dimensions. The uses proposed for the medical center are unique with special requirements that have created the need for the building height variance. c. That granting the variance requested will to confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings, or structures in the same zoning district. Granting of these variances will not confer special privileges to applicant denied to others. In fact, the current medical office use on this property provides less parking than what is proposed. In addition, because the property has a very irregular shape with road frontage on three sides, the only properties abutting the subject site are to the south. The southern property line is 259t, 226' of this which abuts an existing medical office building. It is tw~ story medical office with a building height of 28, which is the same building height re~luested for this proposal. There"ore, there will be no special privilege provided to the applicant that is denied to others in this district by this variance. Along the remaining western 32' of the southern property line, is a single family home. The current office building is 22' in height and is setback 24 feet from the southern property line. This proposal will construct the new office building over 80' from the southernproperty line, yet the building height will be only 6 feet higher. Combined with the proposed upgraded landscaping, any negative impacts on this neighbor will be minimal. d. That literal interpretation of the provision of this chapter 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 unneceesary and undue har~tship on the applicant. Literal interpretation of these provisions would deprive the applicant of rights commonly enjoyed by other properties in the same district. As previously stated, the current medical office use on this site only parks the site at a rate of 1 space per 214 sf, our proposal will lesson this shortfall while providing all of .the other landscaping and access requirements of the LDR's. Also, the adjacent medical building to the south has an existing building height of 28', so obviously these fights are commonly enjoyed by other users in the district.. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The requested variances are the minimum possible to make reasonable use of the land. Both of the variance requests are minor and will not adversely affect the surrounding properties. The height variance of three (3) feet is exactly the mi.'nimum required for the use ~ for the parking spaces is the minimum necessary to make redevelopment of this site possible. That the the variance will be in harmony with the general intent and ' will not be injurious to the area involved or otherwiSe detrimental to the .public welfare. uncommon for minor variances such as these to be necessary in order to redevelop infill sites such as this one. The ultimate redevelopment of the site is contingent upon the approval of these variances and will result in a vast improvement for the community as a whole. ;height limitations in each zoning district~ for two :primary purposes. First, on building heights ensure visual compatibility between buildings. Second, height limitations restrict the intensity of square footage that canbe attained on a property. This proposal will not compromise either of these purposes. The proposed 28 foot bffilding height is the same as the adjacent office building, and the overall square' footage is not affected by the granti-ng of this variance. As for the parking variance, since the current office building :use on the site provides less parking than is proposed, granting the variance will not be detrimental to the public welfare, but rather, it will beneficial to it. Considering the benefit, to the public welfare, the special circumstances that exist on the site and with the proposed uses, .as well as the lack of any negative impacts to the surroundings, we respectfully request that you grant the requested variances. ATTACHMENT 'A' EXHIBIT "D" Conditions of Appr(:~v~ Pro Pavillion File number: Reference: pUBLIC wORKs , : : : ~: : Comments: NO~ ~: ~. X Comments: NONE ·' , X FIRE X Comments: NONE : , POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUll ,DING DIVISION Comments: NONE' X PARKS AND RECREATION comments: NONE · X FOR F. STER/ENVIRONMF, NTA !·IST i Comments: NONE PLANNING A_ND zoNING X Comments: NONE ,: ADDITIONAL PLANNING AND DEVELOPMF, NT BOARD coNDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONs Comments: To be determined. S:XPIanningASHARED\W'P\PROJECTS',Boymon Beach Medical PavilionkZlqCV~CONDITIONS OF ! DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Medical Pavilion (ZNCV 01-017) APPLICANT'S AGENT: Chris Kerr, Kilday & Associates, Inc. APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100A West Palm Beach, FI DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 4, 2001 TYPE OF RELIEF SOUGHT: Parking ratio / parking spaces LOCATION OF PROPERTY: 2815 South Seacrest Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 "D" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED - 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the proper~y shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning~,SHARED~WP~PROJECTS'~Boynton Beach Medical Pavilion~ZNC~Development Order.doc City Clerk Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 VI'.-CONSENT AGENDA ITEM D.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office luly 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.rrO August 8, 2001 (5:00 p.n~) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 200l [] October 16, 200l [] November 6, 2001 Date Final Form Must be Tumed in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM Admini,qtrative 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 September 4, 2001 City Commission Agenda under "'_~_~ Consent Agenda. The Planning and Development Board with a unanimous vote recommended that the subject request b~- approved (no conditions of approval are recommended). For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-174. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BOYNTON BEACH MEDICAL PAVILION Chris Kerr, Kilday & Associates, Inc. Bethesda Healthcare System 2800 Seacrest Boulevard Request for a height exception pursuant to City of Boynton Bach Land Development Regulations, Chapter 2, Section 4t. to allow a peaked roof entrance feature on a proposed medical office building at 44 feet; a distance of a 19 feet above the 25 foot maximum height allowed in the C-1 zoning district regulations. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVESo,j~~ .N/A DevC.~tfienf~epartment Director City Mfinager's Signature ,~ o- PlaNning & Zoni~ ~irector City Attorney / Finance / Human Resources S:XPlanning\SHARED\WP\PROJECTSXBoynton Beach Medical PavilionXI-ITEX'~Agenda Item Request Boynton Beach Med Pay Height Except.9-04-01.dot S:'~BULLETIN~ORMSLA. GENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 01-174 STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION August 23, 2001 Project Name/File No: BOYNTON BEACH MEDICAL PAVILLION / HTEX 01-001 Height Exception for entrance feature Property Owner: Bethesda Healthcare System Applicant/Agent: Chris Kerr, Kilday & Associates, Inc. Location: 2815 South Seacrest Boulevard -Land Use/Zoning: Office/C-1 (Office and Professional Commercial District) Proposed Use: Medical Office Project Size: Site Area: 2.05 acres (89,162 square feet) Building Area: 29,173 square feet Adjacent Uses: (See Exhibit "A"- Location Map) North - SE 27th Avenue right-of-way and farther north a medical office building zoned C-1; South - Medical office building zoned C-1; East - SE 1st Place right-of-way and farther east a church located on a single-family residential development zoned R-l-AA; and West - Seacrest Boulevard right-of-way and farther west Bethesda Memorial Hospital zoned C-1. Request: Request for a height exception pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4. F.2, to allow a roof entrance feature to be constructed at 44 feet 4 inches (44'-4") high, which is 19 feet 4 inches (19'-4") in excess of the maximum twenty-five (25) foot height limit of the C-1 Office and Professional Commercial zoning district. BACKGROUND The subject property is currently developed and used for medical offices, featuring a cluster of three (3) buildings constructed in 1978. It is located along South Seacrest Boulevard facing west and across from the Bethesda Hospital (see Exhibit "A" - location map). The applicant has concurrently applied forsite plan approval, a code review to increase maximum building height within the subject zoning district and to exempt roof parapets from building height calculations, a parking lot variance and this height exception application. All applications are required for the processing of a request for e new medical office building to be built on the subject parcel (see Exhibit "B" - site plan).. One of the main architectural elements of the proposed building is an enhanced entry feature to the facade Page 2 Boynton Beach Medical pavillion/HTEX 01-001 Memorandum No. PZ 01-174 of the building. The triangular-shaped entry feature will have a finished height of 44 feet and 4 inches (44'4") as per proposed elevations (see Exhibit "C "- elevations). Such height exceeds by 19 feet and 4 inches (19'4") the current maximum height allowed within the C-1 zoning district of twenty-five (25) feet. The applicant is requesting this height exception to allow the construction of the proposed entry feature at 44'4" high. ANALYSIS Land Development. Regulations, Chapter 2, Zoning, Section 4.F: 3, Height Limitations and Exceptions, states that in considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. Exhibit "D" lists those standards and how the applicant addressed them. According to the application, the overall building height will be 31 feet and 8 inches (31'8"), thereby exceeding the maximum height allowed within the C-1 zoning district-twenty-five 25 feet (the applicant is requesting a code review to make building parapets eligible for height exceptions, and by increasing the maximum height for the C-1 district to 30 feet). The C-1 zoning district currently allows a maximum height of 30 feet only for those buildings that include underground parking. In addition, the City recently amended the Zoning Regulations to increase the maximum height for a single-family home from 25 feet to 30 feet. The additional height requested would correspond with this previous increase in maximum heights for a single-family home. In addition, the entrance feature accents both the roof and the project entrance, which contributes to the overall quality of the project. This design principal is promoted throughout the city and is consistent with design principles recommended within the City's redevelopment plan. The proposed entrance is designed in scale with the entire project and is an integral part of the architectural design of the project. The building design employs the use of a metal roof, and a mix of triangular-shaped windows and decorative arches compatible with the newest office buildings in the area such as the nearby Dr. Verma Medical Office. Lastly, the application represents the minimal necessary to achieve the design intent of the project, and is not felt by staff to be excessive. The proposed project is compatible with other buildings in the area, which consists of a combination of single- and two-story buildings and the adjacent Bethesda Hospital. RECOMMENDATION Based on the analysis contained herein, and on the applicant's response to the minimum standards required by code, staff recommends that this request for a height exception of 19 feet 4 inches (19'4") be approved. Nb conditions of approval are recommended;, however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit Attachments JA:MR EXCEPTION STAFF REPORT.doc S:\Planning~SHAREDWVP~ROJECTS\Boynton Beach Medical Pavilion\HTEX\HEIGHT Bo) LOCATION Pavilion EXHIBIT "A" 1:3 ~UE3 I/8 MILES/ ,. [ 400. 8,00 FEET ....... F'Z_,~_¢~__~/,'v' 5' 1; EXHIBIT--,-B': ..... Il iii I, I ,~ - ~ ~'I",,!~ Ill DLTI~I* S?0113 COLT. IIOILTITL ,loc ~ BOYh"I~N MXI)IC,kL Kilday & Associates Landscape Architects / Planners 155.1 -Forum Place, Suite 100A West~Palm Beach, Florida 33401 (561) 689-5522 · Fax (561) 689-2592 www. kildayinc.com EXHIBIT "D" June 6, 2001 Ms. Lucia Galav, AICP 100 E. Boynton Beach Blvd. PO Box 310 Boynton Beach, FL 33425-0310 RE: Request for height exception for East Boynton Medical Arts Pavilion Ourfile 868.28 Dear Ms. Galav: On behalf of the applicant, Boynton East Medical Investors, LTD, please accept this request for an exception from the required building height limitation on a medical office building proposed at the southeast comer of Seacrest Blvd. and SE 27th Ave. This request is to be reviewed concurrently with our application for site plan approval. The property is in the C-1 Zoning District, which lin'fits building heights to 25'. However, Chapter 2, Section 4(F). of the Land Development Regulations provides for exceptions to the building height limitation for certain architectural features. Specifically, this Section of the LDR's allows domes, cupolas, mechanical support systems, and similar structures to exceed the' height limitation. This proposal 'includes two appurtenances on the office building that will exceed the height limitation: (1) A single architectural element is proposed above the main entry. At its highest point, the entry featUre will extend 17 feet above the rooftop. (2) A parapet is proposed for the roof that will screen the HVAC and related equipment from view. It will extend 46" above the rooftop. These two architectural elements will not be utilized for. any commercial purposes or and will not affect the overall square footage of the building; they only serve as aesthetic enhancements to the facades of the building. Height exceptions are required to be consistent with the standards of Section 4(F)3. as follows: a. Whether the height exception will have an adverse effect on the existing and proposed land uses. The height exception will not have any adverse impacts on the existing or proposed land uses. The site currently houses several medical office buildings, up to two Page'2 Ms. Galav June 6, 2001 stories in height, which were built in 1978. The recent construction at the hospital has hastened redevelopment in this area such that the existing buildings have become undesirable. As evidenced by the attached Exhibit 'A' & 'B', the current office buildings on the site have fallen into disrePair. The redevelopment of this site will allow for the continued operation of medical offices, on this property in a modem, upgraded building. Because the height waiver will allow the applicant to screen the unsightly rooftop equipment from view as well as enhance the buildings appearance from the Seacrest Blvd. frontage, it will have a positive effect on the current and surrounding land uses in the area. b. Whether the height exception is necessary. This height exception is a necessity in order to sufficiently screen the rooftop equipment from view and to augment the desired entry for the building. Since the current office building was constructed, the City has incorporated into their Land Development Regulations requirements to screen rooftop equipment as well as requirements to enhance all building facades (Ch. 9, Section 11). This Section requires that, "rooftop equipment must be completely screened from view at a minimum distance of 600 feet". It also requires that, "the building faqade shall have at least one offset having'a pitched roof". This height exception is requested for these exact purposes, which will therefore further the City's established Community Design Guidelines. c. Whether the height exception will severely reduce light and air in adjacent areas. The proposed height exception will not reduce or adversely affect light on adjacent areas. The parapet that will extend along the perimeter of the building will only add 46" to the height of the structure. The entry feature, which is the more significant structure in terms of potentially effecting light and air on adjacent areas, is located on the Seacrest Blvd. frontage. The property has a very irregular shape with road frontage on three sides. Therefore, the only properties abutting the subject site are to the south. The subject property's southern property line is 259'. Of that, 226' abuts an existing medical' office building (see Exhibit 'C'). That office building is 28' in height, which currently exceeds the City's building height limitation, and will therefore not be adversely affected by this proposal. Along the remaining western 32' of the southern property line, is a single family home. The current office building is 22' in height and is setback 24 feet from the southern property line. This proposal will allow the construction of the new office building to be over 80' from the southern property line. In addition, because the subject property is on the north side of this neighbor, the proposed building will not encroach into the neighbor's sunlight at any time of the day. Pag~ 3 Ms. Galav June 6, 2001 d. Whether the height exception will be a deterrent to the improvements or development of adjacent property in accord with existing regulations. The height exception will not deter, but will actually encourage the development of adjacent properties in accordance with existing regulations, The majority of the structures on the east side of Seacrest Blvd. were constructed before 1980. Many are non-conforming and do not meet the current Code requirements for setbacks, access, landscaping, parking, etc. This proposal will further the redevelopment of this area, and will act 'as an exemplary model of design for the adjacent properties. Granting of this height exception will allow the developer of this site to construct a product of superior design that will set the tone for future redevelopment in the area. e. Whether the height exception will adversely affect property values in adjacent areas. This height exception, in conjunction with the proposed redevelopment of the property, will only serve to increase the values of adjacent properties. As stated earlier, many of the properties in this area are in dilapidated condition. This redevelopment and the superior design that the height exemption allows will enhance the value of this and the surrounding properties. Currently, the site is in disrepair with poor access and few redeeming architectural qualities. This exemption will reverse these effects. Whether the height exception will adversely influence living conditions in the neighborhood. As described above, this height exception will advance the quality of living conditions in the neighborhood. This proposal is for a high-quality building of superior design, the exemptions requested are part of that design and only serve to improve upon it. The current living conditions in the neighborhood are jeopardized by the existing lot layout and building design. Not only is the current access onto Seacrest Blvd. dangerous, but the visual appearance of the existing building only serves to blight the neighborhood. g. Whether the height exception will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Granting of this exemption will benefit the public welfare and City in general. The individual owner of the property is requesting this building exemption to have the opportunity to construct a building of superior design, far beyond what currently exists on this property or on the adjacent properties. Items (h) and (i) are not standards for the applicant to address. Page 4 Ms. Galav June 6, 2001 Please accept this application for the height exception based on the above criteria. Call me with any questions or comments. Sin Kilday & Associates, Inc. Enclosures Exhibit 'C' Adjacent 28' office EXHIBIT "E" Conditions of Approval. Project name: Boynton Beach Medical Pavillion File number: HTEX 01-001 13, 2001 DEPARTMENTS PUBLIC WORK : , , Comments: NONE ~ X cOmments: ,NONE' , , , X FIRE ' : Comments: NONE X , POLICE - COmments: NONE . X ENGINRERING DMSION Comments: NONE , X BUILDING DIVISION ' Comments: NONE X PARKS AND RECREATION Comments: ~NONE , ~ X FORESTER)ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING ' '-~ I X Cominents: NONE DEVELOPMENT BOARD' CONDITIONS ADDITIONAL pLANNING AND Co,,.nents: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments To be determined : , , i ,, ~.' , , S :~lamfing~HAR~D\WI~PROJECTS~,oynt~ al Pavilionk*i'r Iix~CONDI DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Medical Pavilion (HTEX 01-001) APPLICANT'S AGENT: Chris Kerr, Kilday & Associates, Inc. APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100A West Palm Beach, FI DATE OF H-EARING RATIFICATION BEFORE CITY COMMISSION: September 4, 2001 TYPE OF RELIEF SOUGHT: Height Exception LOCATION OF PROPERTY: 2815 South Seacrest Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 "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\WF~PROJECTS\Boy~to~ Beach Medical Pavilion~J-iTF_X~Development Order.doc City Clerk VI.-CONSENT AGENDA ITEM D.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned ~n to City Clerk's Office [] July 17, 2001 Jul~5, 2001 (5:00 p.m.) [] September 19, 2001 September 5, 2001 (5:00 p.m.) [] August 7, 2001 July 18, 2001 (5:00 p.m.) [] October 2, 2001 September 20, 2001 (5:00 p.m.) August 21, 2001 August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) [] September 4, 2001 August 22, 2001 (5:00 p.m.) [] November 6, 2001 October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Aunouncemem [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the September 4, 2001 City Commission Agen~and~2,~~ Consent Agenda The Planning and Development Board with a unanimous vote recommended that the subject reques~ ~ approved, subject to staff comments. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-167. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PROGRAM IMPACT: BJ' S MASTER PLAN MODIFICATION (APPLEBEE' $) Roscoe Biby, Kiraley Horn & Associates, Inc. Florida Apple, LLC South side of Boynton Beach Boulevard at Winchester Park Boulevard Request for Master Plan Modification to the BJ's Planned Commercial Development to include the specific site plan layout for Applebee's restaurant on out parcel #3. N/A FISCAL IMPACT: N/A ALTERNATIVES.'~~ N/A Devel~~r City Manager's signatm4 ~ Planning & Zonin~(D~ector City Attorney / Finance / Human Resources S:~PlanningXSHARED\WP~ROJECTS~BJ's Wholesale Club Site Plan Info (AII)XBJ's Masterplan Mod MPMD 01-002XAgenda Item Request 9-4-01.dot S:~BULLETIN~ORMSXg_GENDA ITEM REQUEST FORM.DOC TO: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-167 Chairman and Members Planning and Development Board Michael W. Rumpf Director of Planning & Zoning August 22, 2001 BJ's Wholesale Club - File No. MPMD 01-002 Master Plan Modification (New restaurant on northwest out-parcel - Applebee's) Reduction in square footage and elimination of drive-through lanes PROJECT NAME: LOCATION: LAND USE/ZONING: ADJACENT USES: BJ's Wholesale Club (APplebee's) - MPMD 01-002 Southwest corner of BOynton Beach ~Boulevard and Winchester Park Boulevard Local Retail Commercial (LRC) / Planned Commercial Development (PCD) (see Exhibit "A") - Location Ma p No~h- Right-of-way of Boynton Beach Boulevard, farther north Bedding Barn and a vacant parcel, both designated Local Retail Commercial (LRC) land use and zoned Community Commercial (0-3); South - On the southeastern property line, Congress Middle School with Moderate Density Residential (MoDR) land use and zoned Public Usage (PU); on the southwest, developed residential (Stonehaven PUD) with Moderate Density Residential (MoDR) land use, and zoned PUD; East - Post Office, designated Public and Private Governmental / Institutional (PPGI) land use and zoned Public Use (PU); south of the Post Office tract is a parcel in unincorporated Palm Beach County developed as a self-storage use, zoned Light Industrial and; West - Developed residential (Stonehaven PUD)with Moderate Density Residential (MoDR) land use and zoned PUD. NATURE OF REQUEST Roscoe L. Biby of Kimley-Horn & Associates is the agent requesting to modify the master plan for the BJ's Wholesale Club. This partially undeveloped 14.86 acre commercial development is located on the south side of Boynton Beach Boulevard at Winchester Park Boulevard (see Exhibit "A"- Location Map). The requested modifications are shown on the amended master plan (see Exhibit "B" - Proposed Master Plan). This request is to include the specific site plan layout for a 4,998 square foot restaurant on the 1.03 acre out-parcel #3 of~- the PCD. The site plan for the Applebee's restaurant is being reviewed as a separate application (NWSP 01. 006). Memorandum No. PZ 01-167 BJ's Wholesale Club (Applebee's), MPMD 01-002 Page BACKG ROUN D/ANALYSIS On November 21, 2000, the City Commission approved the BJ's Wholesale Club PCD master plan. The master plan included a 108,532 square foot BJ's Wholesale Club, three (3) out-parcels, and conditional use approval for fuel sales. The BJ's Wholesale Club building was to be built on the 11.95 acre main parcel, while a bank and two (2) restaurants were designated for the three out-parcels (this includes the subject out-parcel). At. the time, a site p an was also concurrently processed for the 108,532 square foot BJ's Wholesale Club, an ancillary gas station with 12 fueling positions, and a 4,875 square foot drive-in bank as a first Phase. Subsequent to that meeting, a 30-foot road right-of-way easement was abandoned on December 5, 2000. Currently, out-parcels #2 and out-parcel #3 (subject site) are vacant: to Planned Commercial Development master plans are reviewed consistent with Chapter 4, Section Land Development Regulations which requires that modifications to approved plans be reviewed by the Planning and Development 'Board and approved by the City Commission. The modifications requested result in no increase in impacts above those currently vested by the approved master plan. The changes proposed on this master plan submittal relative to the original master plan approval include the elimination of a restaurant drive-thru lane and a reduction in building size by 882 square-feet. The master plan is being amended as the market dictates the future build out of the vacant out-parcels. RECOMMENDATION Th~ Technical Review Committee (TRC) has reviewed this master plan modification reqUest. Staff ?'~'"".ommends approval, contingent upon the: comments indicated in Exhibit "C" - Conditions of Approval. Any -,.:;ditional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. MR/ej X(~: Central File J:~S~RDATA'~Planning~SHARED\WP~PROJECTS~BJ's Wholesale Club Site Plan Info (AII)~BJ's Masterplan Mod MPMD 01-002~Staff re~rt MPMD 01-002.doc BJ's Wholesale Club EXHIBIT "A" iO 1 I8 ~IILE 400. 'aO0 ~[~'1- - - . ~ ~z.~ ~t/~_ ~ EXHIBIT "C" CONDITIONS OF APPROVAL Master Plan Modification Project name: BJ's Master Plan Modification- (Applebee's) File number: MPMD 01-002 Reference: 2nareview plans identified as File # MPMD 01-002 with a July 31, 2001 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS: - General Comments: None X PUBLIC WORKS: - Traffic Comments: None X UTILITIES: Comments: None X FIRE: Comments: 1. A fire flow test is required prior to construction. X 2. Roads and hydrants must be in place prior t0any construction above grade. X POLICE: X Comments: None ENGINEERING DMSION: . Comments: 3. On the site plan, indicate the location of the loading Zone. X BUILDING DMSION: Comments: None X PARKS AND RECREATION: comments:` 4. Submit detailed irrigation plans for required right-of-way landscape X · improvements during the construction document permitting stage, for review COA 08/23/01 2 DEPARTMENTS INCLUDE REJECT and appr°val bY the Parks Divisi°n staff' Include °n the plan' the l°cati°n °f I I any existing irrigation in the right-of-way. FORESTER/ENVIRONMENTALIST: Commentsi None X PLANNING AND ZONING: Comments: None X PLANNING & DEVELOPMENT BOARD Additional Comments: None X CITY COMMISSION . , Comments: None [VfWR/sc S:~Planning~SHARED\WP\PROJECTS~ J's ~/holesale Club Site Plan Info (AII)~BYs Masterplan Mod M?MD 01-002\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BJ's Wholesale Club (Applebee's) APPLICANT'S AGENT: Roscoe L. Biby, P.E. / Kimley-Hom & Associates APPLICANT'S ADDRESS: 601 21st Street, suite 400 Veto Beach, FL 32960 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: 09/04/01 TYPE OF RELIEF SOUGHT: Modification to master plan to approve specific site plan layout for a 4,998 square foot sit-down restaUrant 0n the 1.03 acre out-parcel 43. LOCATION OF PROPERTY: DRAWING(S): SEE EXHIBIT "A and BT ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of headn, g 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 sugge.sted 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 paragraph 3 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\Planning\SHARED\WF~PROJECTS~BJ's Wholesale Club Site Plan Info (AII)\BJ's Masterplan Mod MPMD 01*002'~DO.doc VT.-CONSENT AGENDA TTEM D.5 CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM Requested City Connn/ssion Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21,2001 [] September 4, 2001 Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.rn~) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.n*) Requested City Commismon Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 200t (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 September 4, 2001 City Cotmuission Agenda ander Consent Agenda. The Planning and Development Board with a vote of 6-1, recommended that the subject requ~t b~ approved, subject to staff comments and those revised conditions intended to ensure compatibility of princ~l colors within the BJ's Planned Commercial Development. For farther details pertaining to this request~e Department of Development Memorandum No. PZ 01-170. ,'i'T EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: APPLEBEE'S RESTAURANT Roscoe Biby, Kimley Horn& Associates, Inc. Florida Apple, LLC South side of Boynton Beach Boulevard at Winchester Park Boulevard (out parcel #3 of the BJ's PCD) Request for site plan approval to construct a 4,998 square foot sit-down restaurant on a 1.3-acre parcel (out parcel #3) of the BJ's Planned Commercial Development. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: g;~/] N/A _. Dev e I op~ar, ntqg'e~ ~h~ Direr-to'ir~ / City Manager's Signature ,/ v Planning &Zoning DiYector City Attorney / Finance / Human Resources S:Wlanning~HARED\WPWROJECTS~Applebee's~Agenda Item Request Applebees 9-4-01.dot S:~BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01- 170 SITE PLAN REVIEW STAFF REPORT F LANNING AND DEVELOPMENT BOARD AND CITY COMMISSION August 22, 2001 DESCRIPTION OF PROJECT Project Name/No.: Property Owner: Applicant: Agent: Location: Land Use/Zoning: Applebee's Restaurant I NWSP 01-006 Birchwood Boynton, LLC Florida Apple, LLC Roscoe L. Biby, P.E. / Kimley-Horn & Associates Southwest Corner of Boynton Beach Boulevard and Winchester Park Boulevard Local Retail Commercial (LRC) / Planned Commercial Development (PCD) Type of Use: Project size: Restaurant Site Area: Building area: 44,792 square feet 4,998 square feet (11.2%) Adjacent Uses: Site Characteristics: Proposal: (see Exhibit "A" North - South - East - West = - Location Map) Right-of-way of Boynton Beach Boulevard, farther no rth Bedding Barn and a vacant parcel, both designated Local Retail Commercial (LRC)land use and zoned Community Commercial (C-3); Drive aisle and parking area for BJ's Wholesale Club PCD; Vacant outparcel #2 of BJ's Wholesale Club PCD; and Developed residential (Stonehaven PUD) with Moderate Density Residential (MoDR) land use and zoned PUD. The subject site, known as out-parcel #3, is a vacant square-shaped lot located in the northwest corner of the BJ's Warehouse Club Planned Commercial Development (PCD) master plan. It is currently being cleared and prepared for development. The lot fronts onto the eastbound lanes of Boynton Beach Boulevard and is bordered to the east by one of the main entrances for the PCD. The developed r~sidential neighborhood (Stonehaven PUD) flanks the site to the west and BJ's Wholesale Club's access aisle to the south. This proposal is to construct a one-story, 4,998 square-foot sit-down restaurant on a 1.03-acre outparcel. The restaurant will support a total seating capacity for 190 patrons and will contain an accessory lounge area, typical of most Applebee's restaurants. The entire project is to be constructed in one phase (see Exhibit "B" Proposed Site Plan). Concurrency: a. Traffic- b. Drainage- In May of 2000, the traffic impact analysis for the BJ's PCD master plan was submitted and sent to the Palm Beach County Traffic Division for their review and approval. Traffic generation for the outparcel was included in that analysis. The project traffic satisfied Test 1 and Test 2 of Palm Beach County Traffic Standards. Conceptual drainage information was provided for the City's review. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review. Page 2 Applebee's Restaurant - Site Plan Review Staff Report Memorandum No. PZ 01- 170 Driveways: Parking Facility: Landscaping: ilding and Site: mmunity D~sign: No direct ingress / egress from Boynton Beach Boulevard is proposed. On-site traffic circulation will consist of two (2) two-way driveways providing entry to the site from the main east-west access aisle. A total of 76 parking spaces are required for the proposed restaurant use based on the ratio of one (1) space per 2.5 seats. The restaurant capacity is proposed to be 190 seats. The total number of parking spaces required and provided equals 76, of Which, four (4) spaces are designated for handicap use. All 90° spaces will be dimensioned nine feet by eighteen feet (9'x 18')and will include wheelstops. The parking spaces and drive aisles will surround all sides of the building except the rear of the building, which will be the location of the dumpster and loading area. The four (4) handicap spaces will. be located in the front of the building, closest to the proposed building entrances. Striping will extend from in the front of the building providing pedestrian/.handicap access across the parking lot to the sidewalk on the Boynton Beach Boulevard right-of-way. At present, the site has been cleared and is absent of all vegetation or specimen trees. As proposed, the landscape plan exceeds the minimum landscape requirements as set forth in the City Code. The proposed pervious or "green" area is 8,586 square feet or 19% of the total site. Since the subject site (out-parcel #3) is located within the confines of the BJ's Wholesale Club PCD master plan, landscape buffers would be established both inside out-parcel #3 as well as outside out- parcel #3. This Applebee's site plan application will determine all proposed landscaping within the boundaries of the restaurant's site. The master plan dictates the type and quantity of trees to be planted outside out-parcel #,3. All landscaping of the POD that indirectly affects the Applebee's site will occur along the north (front) property line and east (side) property line of the subject site. To be consistent with the master plan, six (6) Live Oak trees are proposed along the master plan's and Applebee's northern property line. Directly to the east of the Applebee's property, three (3) Royal Palm trees and three (3) Live Oak trees are proposed along the ddve aisle of the PCD's main entranceway. In addition, the master plan proposes two (2) Pink Hibiscus trees and numerous Downey Jasmine plants, wax Jasmine plants, and Ixora 'Nora Grant' shrubs to be planted along this driveway landscape buffer, just east of the Applebee's out-parcel. A cluster of Washingtonia Palm trees and Wax Jasmine shrubs are proposed at the entranceway of the shopping plaza. All trees will be planted every 30 feet in the required front and side landscape buffers. The terminal landsCaped islands in the parking area to the front of the building will have Pygmy Date palm trees mixed with Xanadu Philodendron plants. The landscaped islands located 'closest to the front property line near Boynton Beach Boulevard will contain a mix of Sweet Viburnum shrubs and Liriope groundcover planted at the base of the trees. Potocarpus trees, clusters of Cabbage Palm trees, and Sweet Viburnum shrubs are proposed along the front of the building. The sides of the building will contain Potocarpus trees and Sweet Viburnum shrubs. The dumpster enclosures located at rear of the building will have landscaping on two (2) sides. This landscaping will consist of Cabbage Palm trees, Downey Jasmine plants, and Sweet Viburnum hedges. The west side landscape buffer is comprised of six (6) Slash Pine trees and three (3) Cabbage Palm trees with Silver Buttonwood hedges planted at the base to screen the vehicular use area from the adjacent residential development. The landscaping on the south side of the parcel will contain a Pigeon Plum tree, four (4) Pink Oleander trees, and Dwarf Yaupon Holly shrubs. A 45-foot wide dry retention area separates the parking area of out-parcel #2 from the PCD's 20-foot west landscape buffer. This 20-foot wide landscape buffer separates the PCD from th e residential community to the west. When completed, the Applebee's restaurant will be over 120 feet from the west property line of the PCD. Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed building will be a one-story structure with the top of the main parapet (fiat roof) to be 19 feet - 4 inches in height. A typical Applebee's entry feature, which functions as a focal point, will Page 3 Applebee's Restaurant - Site Plan Review Staff Report Memorandum No. PZ 01- 170 stand 24 feet - 8 inches in height to the top of the sloped roof. This entry feature will interrupt the length of the front fa(;ade and have barrel tile roof. The building front will be over 60 feet in length and 90 feet in depth. The architectural design will consist of Portland Cement stucco finish on masor Signage: PCD. feet in dark bronze 1 will be present over every The purl ;t, Community Desi! comprehensible community design ~ can the basic pri~ create an surrounding architectural design curved l window; accent corn subject property be changed to match the permitted Southtrust Bank, which is east considered to be of the earth-tone barrel tile roof of the Applebee's should Fina lyi the architecturai accent markings aCCent medallions to match minor revisions can be accomplished without Green dome ~ter harmony with nature an within the City of Boynton Beach. Thl n part to the BJ's Wholesale Club PCD. One ( e efficiency and harmonious design in order and having, no adverse effect on adjoining endorses:comparable and / or repeatir sim lar awning: type and colors, squared and score lines. In striving to promote great the foundation and greater fac,,ade .Colors of'ti Wholesale Club or the recen' The two COlors in question :a the variety being very similar to each other. T1 Southtrust Bank, a 3 color tone blen(, I be converted to diamond shap It is staff's conclusion the signatUre of Applebee's corpor image or compromising their artistic license. )ecific comments are outlined in Exhibit Conditions of Approval. If it is determined that these design .elements are undesirable, then would support the design / COlors as submitted. Wall signs are proposed on the north (front) and east sides of the building. Consistent with Conditions of Approval and the sign regulations for a PCD, the size of the front wall sign shall more than 90 square feet in area. The base color of the sign will be green and will have red An apple symbol, a non-word depiction, is the signature feature of all Applebee's signage. word depiction will be centered above the lettering and be limited to no more than 20% of the area the signr '[he apple will not exceed the height of the front entry feature. The east side wall sign be limited to130.5 square feet in area. The sign base, apple symbol, and lettering on the sign will be the same as the front sign. One directional sign is proposed to be located at the rear the site between the two entrance drives. It will be no more than four (4) feet in area or more five (5) feet in height per code. RECOMMENDATION: Staff recommends site plan approval, subject to the comments included n Exhibit "C" - Conditions of Approval. The Technic~al Review COmmittee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File \\CH\MAIN'~SHRDATA~Planning~SHARED\WP~PROJECTS\Quantum park lot 73a-76\Staff report NWSP 01-003.doc LOCATION MAP Applebee's EXHIBIT "A" , .t MILE FE~T EXHi BIT--;-'B~ ,t !," L"IJl il EXHIBIT "B" ~ =_= =_.~__=_=__=_=_.~.=_=_=_= = == pJeAeinog qoae~i uo~,u~o~! jJ.~ j' J BOYNTC)H PALJ.4 E~-AC~ ~GUNT'~, ( t t~ EXHIBIT ,,B. ,. [T0~6 ON X*~IX.T.] 6~:T~T NOR T0/0g//.0 EXHIBIT "B" IT "C" EX[lIB CONDITIONS OF APPROVAL APPLEBEE'S NEW SITE PLAN Project name: Applebee's File number: NWSP 01-006 Reference: 2na review plans identified as New Site Plan. File # NWSP 01-006 with a July, 31 2001 Planning and Zoning Department date stamp marking. JECT DEPARTMENTS PUBLIC woRKs - General COmments: None X PUBLIC WORKS - Traffic comments: None X UTILITIES: X Comments: None FIRE: Comments: 1. A fire flow test is required prior to constmction. X 2. ROads (paved or stabilized) and hydrants must be in place prior to any construction X above grade. (NPFA 241 (1966) Standard for Safeguarding Construction, Alteration, and Demolition Operations, sections 5-4.3 and 6-7 2.2 POLICE: CommentS: None X ENGINF. FRING DIVISION Co Jm~ient,q: 3. On the site plan, indicate'the location of the minimum 12-fo°t by 35-foot loading X zone. Parking areas may be used as loading zones under certain conditions. Provide a note indicating loading hours versus business hours in order to prevent Potential conflicts. Ia addition, add signage to the plan that delineates parking spaces to be used as loading areas and those hours that the subject spaces will be used for loading purposes. ] 4. Show on the Site and Civil plans the proposed site lighting (LDR, Chapter 4, Section X 7 B 4.). On the Lighting Plan, specify that the light poles shall withstand a 110 MPH wind load. Add a note that the fixtures shall be operated by photo-electrical control and to remain on until 2:00 a.m. (LDR, Chapter 23, Article II). Add a note that the lighting design shall provide a minimum average of one foot-candle lumen at ground level. ~cial lighting used to illuminate any property shall be directed away from all residential districtS. Lighting shall not be used as a form of advertising (LDR, Ch~pte~ -2, Section 4.N.7. & Chapter 9, Section 10.F.5.). COA - NWSP 0t-006 08/29/01 2 ' [ INCLUDE I REJECT DEPARTMENTS 5. Add a note to the plans that indicate'that the canopy trees will not be placed in such a X way as to conflict with the Site lighting. 6. Add a note to the Landscape Plan that within the sight triangles, there shall be an X unobstructed cross-visibility at a level between 2.5' and 6' above the pavement. BUILDING DIVISION < I Comments: None X PARKS AND RECREATION: Comments: 7. Submit detailed irrigation plans for the required right-of-way landscape X improvements during the construction document permitting stage, for review and approval by the Parks Division staff. Include on the plan location of any existing irrigation in the right-of-way. I FORESTER/ENVIRONMENTALIST: ' Comments: None X PLANNING AND ZONING: Conanents: 8. All signage on the front elevation (north) shall not exceed 90 square feet in area. X 9. 'All signage on the left side (east) shall not exceed 130.5 square feet in area. X 10. All non-word depictions on signs (the apple) shall be limited to 20% of the area of ' X the sign erected (Chapter 9, Section 10.1.4.). 11. Indicate the color(s) of thee signage detail on the elevations drawing. X 12. In order to increase compatibility with the surrounding building, modify the main X wall color of the Applebee's building,so that it matches the color scheme of the PCD (either BJ's Wholesale Club - Benjamin Moore #310 or Southtmst Bank - Benjamin Moore # HC 78). 13. In order to increase compata'bility with the surrounding buildings, modify the mail X wall color of the Applebee's building so that it matches the color scheme of the PCD (either BJ's Wholesale Club - Benjamin Moore #983 or Southtmst Bank- Benjamin Moore # HC 78) 14. Modify the barrel tile roof so that it matches the Southtrust Bank barrel tile roof X (Cement'S' roof tile - 3 color tone). I 15. Change the building faqade's architectural accent features (the "squares) into 8" x 8" X accent medallions so that it will match with Southtmst Bank. COA - NWSP 01-006 08/29/01 DEPARTMENTS 16. The directional sign located at the rear of the building shall be no more than four (4) X feet in area and not more than five (5) feet in height (Chapter 21, Article IV, Secti0n : ~ PLANNING & DEVELOPMENT BOARD: I Additional Comments: 17. In order to increase compatibility with the surrounding buildings, modify the main X wall color of the Applebee's buildings so that the color and pattern is consistent with the approved development within the PCD. 18. In order to increase compatibility with the surrounding buildings, modify the base X ~ color of the Applebee's buildings so that the color and pattern is consistent with that of the approved development within the PCD. CITY COMMISSION: Comments: None MWR/SC J:\SHRDATA~Planning\SHARED\W P'~PROJECTS~Applebee's\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Applebee's Restaurant APPLICANT'S AGENT: Roscoe L. Biby, P.E. / Kimley-Hom & Associates APPLICANT'S ADDRESS: 601 21st Street, suite 400 Vero Beach, FL 32960 DATE OF HEARING RATIFICATION BEFORE .CITY COMMISSION: 09/04/01 TYPE OF RELIEF SOUGHT: Request approval for the construction of a 4,998 square foot (190 seats) sit- down restaurant on 1.03 acres. LOCATION OF PROPERTY: DRAWING(S): SEE EXHIBIT "A and 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 Boynton Beach, Florida on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 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 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: City Clerk j:\S H RDATA~Ian ning\SHARED~WP~p ROJ ECTSV~pplebee's~DO .doc Requested City Commission Meeting Dates [] July I7,2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM D.6 CITY OF BOYNTON BEACH : AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 200l (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November6, 2001 Date Final Form Must be Turned in tO CiW Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] ~ity Manager's Report [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Please place this request on the September 4, 2001 C~ty Conmuss~on Agendat~r-~ndeY] c~ Consent Agenda. The Planning and Development Board with a unanimous vote recommended that the subject request be~- approved, subject to staff comments, and additional conditions to limit the site to one (1) free standing site sign, and to require that sign design include the project address. For. further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-004 EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PROGRAM IMPACT: BOYNTON BEACH MEDICAL PAVILION Chris Kerr, Kilday & Associates, Inc. Bethesda Healthcare System 2800 Saacrest Boulevard Request for site plan approval to redevelop a 2.046-acre site for a new 29,173 square foot medical office building in a C-1 zoning district. N/A FISCAL IMPACT: N/A ALTERNATIVES~/f N/A Develol)men't Dep-mrtment Di~ecto City Manager's Signature Planning & Zoning Director City Attorney / Finance / Human Resources S:kPlanningkSHARED\WPkPROJECTSkBoynton Beach Medical PavilionkNWSP~Agenda Item Request Boynton Beach Med Pay Site Plan 9-04-01 .dot S:kBULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC Page 2 Boynton Beach Medical Pavilion - Site Plan RevieW Staff Report Memorandum No. PZ 01-004 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility:. Landscaping: applicant has applied for a code review to increase the maximum height to 30 feet in the C-1 zoning district, and to make eligible for parapets height exceptions. A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. Staff has received confirmation from Palm Beach County's Traffic Division regarding standards compliance. Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. On-site traffic circulation will consist of two (2) new driveway entrances provid ng ngress and egress from Seacrest Boulevard and S.E. 1st Place. The first entrance along Seacrest Boulevard would include of two (2), one-way drive aisles, measured at 12 feet wide respectively. They are separated by a landscaped median. The second entrance is located along the eastern property line (S.E. 1st Place) and is 24 feet wide. A two-way ddve aisle provides access to proposed parking areas around the building. A total of 146 spaces are required for the proposed use based on the ratio of one (1) space per 200 square feet of medical office use. The number of parking spaces provided equals 139 including five (5) spaces designated for handicap use and is below the required number of parking spaces. The applicant is requesting relief from the zoning regulations to reduce the total required parking by seven (7) spaces, resulting in a ratio decrease of one (1) space per 210 square feet of gross floor area instead of the one (1)space per 200 square feet required by code. All spaces, except handicap spaces will be dimensioned nine feet by eighteen feet (9' x 18'). When staff comments are met the proposed landscape plan will meet minimum code requirements. The foundation plantings around the building are extensive and further enhance the site. However, the required six (6) foot masonry wall separating the office use from the residential use to the south of the site has been eliminated because of the existing six (6) foot wooden fence on the adjacent.residential property. Chapter 2, Zoning Section 4. L. states that a masonry wall may be replaced with a dense vegetative buffer of at least two (2) feet in height. The applicant is providing a three (3) foot vegetative buffer with a seven (7) foot landscape buffer is proposed instead of the five (5) foot required by code and will be accentuated with additional trees and ground planting. Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit dra~ngs. Community Design: The architectural design for the Boynton Beach Medical Pavilion will match the contemporary style of the existing Bethesda Memorial Hospital across 'EXHIBIT "A" Kilday & Associates Landscape Architects / Planners 1551 Forum Place, Suite'100A W~st Palm Beach, Florida 33401 (561) 689-5522 · Fax (561) 689-2592 www. kildayinc.com August 16, 2001 Lusia'Galav, Senior Planner Zoning Division 100 E. Boynton Beach Blvd., Box 3t0 Boynton Beach, FL 33425 RE: Building height limitation in the C-1 Zoning District Ourffle868.28 f Dear Mrs~.G~~ - G ~ Our office has requested that staff undertake a Code Review to amend the City's Land Development Regulations to permit an increase in building heights in the C-1 Zoning District. Office buildings in the City are predominantly located in the C-I District. At issue is the fact that the 25' ultimate building height limitation is insufficient for two- story offices, particularly medical offices. Please consider the following information when drafting your staff report.' As the attached graphic illustrates, our proposed medical office building will have 9' ceilings on each floor and the building height will be 27'-4", as measured from finished floor elevation. (There is an additional parapet on the top of the building that is not included in 'the building height calculatiOn) The building height is over 27' due to the requirements for the mechanical and structural equipment above each ceiling. The additional five feet p.er floor includes: · 5" for recessed lighting 26" for the ducts and insulation 19" for the beam with fireproofing 5" concrete slab ° 5" for required spacing between equipment The only way to reduce the building height would be to lower the internal ceiling height. However, nine foot ceilings are common in most new office developments. Lowering the ceiling height would be unacceptable to many future lessees and would result in a Substandard space for medical workers and their patients. Please call me with any q~ ~stions, on this matter. Sin Kilday & Associates Page 4 Building Height - CDRV 01-003 Memorandum No. PZ 01-171 ** Exceptions' 2. Building designed for under building parking shall be ~ feet maximum. * (Conditional use approval required) This corresponding amendment to the provision for under-story parking is recommended by staff based on the same logic that supports the increase: proposed for buildings without under-story parking as proposed by the applicant. In addition, staff recommends conditional use approval for this type of building. And Chapter 2, Sec.4. F. 2. Water, cooling and fire towers, radio and television towers of commercial nature, church spires, domes, cupolas, flagpoles, electrical and mechanical support systems, parapets, and similar structures and there necessary mechanical appurtenances may be erected within a structure or on top of the structure, above the district height limitations provided herein, after obtaining approval of the City Commission based on their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph 3 below. [g Exhibits S:XPLANNING~I-IARED\WP~PROJECTSkBOYNTON BEACH MEDICAL PAVILION\CDRV~CDRV 1~ 1-003.STAFF REPORT.DOC Page 3 Building Height - CDRV 01-003 Memorandum No. PZ 01-171 Parapets Regarding the issue of parapets and height, Chapter 1, Article I, defines, the measurement of building height as follows: BUILDING HEIGHT - The vertical distance between a point on the minimum finished floor as required by the building code, or that prevailing minimum elevation established by FEMA and other agencies, such as the south Florida Water Management District, and the apex of the highest roof. This definition includes parapets in the measurement of height. Chapter 1, Article I, also defines a parapet, PARAPET - A false front and/or wall extension above the roof line. A parapet is generally used with a flat roof and serves the purpose of screening any roof top equipment. The Land Development Regulations Chapter 9, Design Criteria, Sec. 11 E. requires that all rooftop equipment must be completely screened from view at a minimum distance of 600 feet. Staff has researched several codes regarding height and parapets. Pall Beach County and The City of West Pall Beach exclude parapets from the measurement of building height. The City of Boca Raton limits parapet height to not more than 5 feet above the allowable height of the building. On the one hand the City of Boynton Beach Land Development Regulations requires screening of rooftop.equipment. On the other hand it puts a constraint on project design because the parapet is included in calculating the measurement of roof height. This is an inconSistency in the regulations that should be rectified by including parapets in the height limitations and exceptions provision of the code. Parapets could then exceed the district height regulations if approved on a case by case basis through the height exception process as defmed in the Land Development Regulations, Chapter 2, _Section 4. (f). 'RECOMMENDATION Based on the previous analysis, staff supports both code review requests submitted by the applicant. Staff recommends that the City of Boynton Beach Land Development Regulations be amended as follows: Chapter 2, Sec. 6. A. 3. Maximum structure height 3t) feet, not to exceed two stories** Page 2 Building Height - CDRV 01-003 Memorandum No. PZ 01-171 ANALYSIS Building Height in the C-1 District The current height regulations for the C-1 Commercial zoning district are as follows: Maximum structure height 25 feet, not to exceed 2 stories ** ** Exceptions: 1. Maximum height for hospital shall be forty-five (45) feet not to exceed four (4) stories. 2. Buildings designed for under building parking shall be (30) feet maximum. Building height for medical offices was recently an issue in the review and approval of two medical office buildings on Woolbright Road: Woolbright Professional Plaza (Nguyen) and Woolbright Medical Building (Freeman). The first project, Nguyen, was ~/pproved at one story with a roof height of approximately 19 feet. The project required a height exception to accommodate the two turret entrance features at either end of the building. These features had a maximum height of 30 feet at the peak of the roof. The height exception was granted. The second project, Freeman, was a two-story building designed to have parking underneath the building. The C-1 district allows a 30 foot maximum height for' under building parking. The building was designed with a 39-foot maximum height. The applicant applied for a variance, was denied, and redesigned the building to meet the code. The applicant for the proposed Boynton Beach Medical Pavilion is faced with a similar design problem. Staff discussed this with the project architect at the TRC meeting to confirm the design requirements for medical office buildings. Attached, as Exhibit "A", is a letter from the applicant that discusses the technical aspects of design requiring the need for additional height. It appears that the design for new medical office buildings includes a minimum of nine (9) foot ceilings. The additional ceiling height plus the requirements for mechanical and structural equipment above each ceiling results in a building with a height above the district maximum of 25 feet. The main purpose of the C-1 Office and Professional Commercial District is to provide appropriate space for office and professional uses. It also serves as a transitional district between these less intense commercial uses and residential uses. As such, the C-1 zoned areas are where the majority of medical office buildings are located,. Approximately two years ago, the City Commission adopted Ordinance No. 099-24 amending the residential district regulations to increase the height for a single family dwelling to 30 feet. It would be consistent to increase the height in the C-1 Commercial district as well. TO: THROUGH: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 01-171 Cha'm'nan and Members Planning and Development Board Michael W. RUmpf Director of Planning and Zoning Lusia Galav, Principal Planner~ August 16, 2001 CODE REVIEW CDRV 01-003 t) Maximum Height in a C-I Zoning District 2) Height Exception - Building Parapets NATURE OF REQUEST Mr. Chris Kerr, Kilday & Associates, representing Bethesda Healthcare System, is requesting a code review regarding increasing the height in the C-1 zoning district and allowing a height exception for parapets. The request was presented as follows: · Amend Chapter 2, Section 16, A. 3. of the Zoning Code to allow building heights up to 30 feet in the C-1 .District. · Amend Chapter 2, Section 4, (f) of the Zoning Code to include parapet screening on the list of items that can potentially be exempt from the building height limitation. BACKGROUND In conjunction with this-code review, the applicant has submitted a site plan application. The site plan proposal includes demolishing three (3) existing medical office buildings and constructing one, new, two-story medical office building. The new medical office building is proposed to be 27 feet, six (6) inches (27'-6") high to the top of the flat roof with an additional four (4) feet - two (2) inches to the top of the parapet. The total roof height would be 31 feet, eight (8) inches. The applicant originally submitted a variance application to provide relief for the building height. During discussions at the TRC meeting, staff recommended to the applicant that a code review would be preferred since the issue of height and medical office buildings in C-1 has been problematic with similar projects in the past. Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21, 2001 [] September 4, 200l CITY OF BOYNTON BEACH Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] Sep[ember 19, 2001 [] October2, 2001 [] October t6, 2001 [] November 6, 2001 VT.-CONSENT AGENDA ITEH D.8 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UnfmishedBusiness [] Announcement [] Presentation [] City Man ager's Report RECOMMENDATION: Please place this request on the September 4, 2001 C~ty Commission Agene!~und~t~ Consent Agenda. The Planning and Development Board with a unanimous vote recommended that the subjebf~eqffoa[~l~e approved, subject to staff comments. For further details pertaining to this request see attached Deparmaent of Develo~aent Memorandum No. PZ 01-171. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: MAXIMUM BUILDING HEIGHT within C-1 ZONING DISTRICT; and EXEMPTIONS FROM BUILDING HEIGHT LIMITATIONS -BUILDING PARAPETS Chris Kerr, Kilday & Associates, Inc. Bethesda Healthcare System 2800 Seacrest Boulevard 1) Request to amend the Land Development Regulations, Chapter 2, Section 6,A.3. to increase the maximum structure height in the C-1 zoning district from 25 feet to 30 feet; and 2) Request to amend Chapter 2, Section 4.F. to add parapets to the list of potential - exemptions from the building height limitation. (Amendments have been requested in connection with the Boynton Beach Medical Pavilion site plan application. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:j2r~ N~/A D eqr~op~t[nf 'D e~ar tment'~Director City Manager's Signatur~ Planning & Zoning~(ector ' City Attorney / Finance / Human Resources JSSHRDATAXPIanningXSHARED\WP~PROJECTSXBoynton Beach Med Pav\Cdrv',Agenda Item Request Boynmn Bch Med Pay Code Rev Hghts 9-04-1.dot S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Woolbright Professional Plaza (Nguyen) APPLICANT'S AGENT: Jon Schmidt APPLICANT'S ADDRESS: 333 Southern Blvd., Ste 200, West Palm Beach, FL 33405 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 4, 2001 TYPE OF RELIEF SOUGHT: Site Plan Time Extension LOCATION OF PROPERTY: Woolbdght Road, approximately 650 ' east of Congress Ave. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 paragraph 3 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\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop. Order Form-2001- Revised.doc Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~:~LANN!NG\SHARED\WP\PROJECTS\WOOLBRIGHT PROFESSIONAL PLAZA (NGUYEN)\CONDITION OF APPROVAL 2 PAGE REVISED 2001 FORM,DOC EXHIBIT "C" Conditions of Approval Project name: Woolbright Professional Plaza (Nguyen) File number: SPTE 01-001 Reference: N/A DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION , Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. To be determined. I I lllhl ~Imal LOCATION MAP WOOLBRIGHT .PROFESSIONAL PLAZA (NGUYEN) EXHIBIT A Memorandum No 01-166 Woolbright Professional Plaza (Nguyen) SPTE 01-001 Page 2 necessary building permits within the one-year time frame. Staff checked the status of the building permits and was advised by the Building Division that they are ready to be picked up. RECOMMENDATION Therefore, staff recommends that this request for .a one-year time extension of site plan and concurrency approval be granted, which woUld; to July 18 2002. All conditions of approval that were required by the 'e satisfactorily addressed during the building permit process. I.f additional conditions of approval are required by the Board or City Corem ssion for the approval of this request, said conditions Will be included on the attached Exhibit "C" - Conditions of Approval. S:~PLANNiNG\SHARED\WP~:~ROJECTS\WOOLBRIGHT PROFESSIONAL PLAZA INGUYEN)\SPTE 01-001\SPTE-01-001 STAFF REPORT. DOC TO: THROUGH: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT SERVICES PLANNING AND ZONING DIVISION MEMORANDUM NO. 0'!-166 Chairman and Members Planning and Development Board Michael W. Rumpt~~ Planning and Zoning D~ector L u sia:, Ga~'~ nAnleCr,P- ~ ~r,~c'~ ~ August 10, 2001 Woolbright Professional Plaza (Nguyen) SPTE 01-001 NATURE OF REQUEST Jon Schmidt, agent for property owners, Dr. and Mrs Hien Nguyen is requesting a one year time extension, of the site plan approval originally granted on July 18, 2000. The property, zoned C-1, consists of 0.89 acres of vacant property located on the north side of Woolbright Road, approximately 650 feet east of Congress Avenue. If approved, the request would extend the expiration date of this site plan approval, including concurrency certification, to July 18, 2002 (see Exhibit "A"- Location Map). BACKGROUND On July 18, 2000, the City Commission granted site plan approval for the Woolbright Professional Plaza; a 7,260 square foot medical office building. The approval was subject to staff comments and included concurrency certification for all applicable levels of service. On October 11, 2000, the Lake Worth Drainage District (LWDD) reversed its opinion regarding the allowable use of the 20-foot wide area of land located in the rear of the property adjacent to the LWDD Lateral No. 26 canal. The change adversely impacted the approved site plan. On May 3, 2001, the applicant submitted a minor modification request to reconfigure the parking and landscaping on the approved site plan. (see Exhibit "B" - Site Plan). Staff approved the minor modification on May 15, 2001. The applicant's planS were submitted to the Building Division for review 'on March 27, 2001. As of this date, the Building Division is ready't<5 issue the required permits. ANALYSIS According to Chapter 2, Sec. 5 of the Land Development Regulations, "the.applicant shall have one year to secure a building permit from the development department." It states further that the City Commission may extend the approval for one year provided the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the requirement. The Planning and Zoning Division received the application for a site plan time extension, on July 2, 2001, prior to the expiration date. The applicant has diligently pursued the issuance of a building permit. A building permit was applied for on March: 27, 2001 and given the permit tracking number # 01-1266. It is evident that the action taken bythe LWDD rescinding their original approval caused the applicant a delay in securing the Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 VI.-CONSENT AGENDA t'TEM D. 7 CITY OF BOYNTON BEACH AGENDA ITEM QUEST FO vl Date Final Form Must be Turned in, to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3,200I (5:00 p.m.) October 17, 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 September 4, 2001 City Commission Ag6iaita tmd~el Consent Agenda. The Planning and Development Board with a unanimous vote recommended that the subject re.st ~ 5~ approved (no conditions of approval are recommended). For further details pertaining to this request see att.aj.el~_efl Deparmaent of Development Memorandum No. PZ 01-166. --o ~.A ~ EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: WOOLBRIGHT PROFESSIONAL PLAZA (Nguygen) Jon Schrrddt Hein and Diep Nguyen North side of Woolbright Road approximately 650 feet east of Congress Avenue Request for a one-year time extension of the site plan approval originally granted on July 18, 2000 to July 18, 2001 to July 18, 2002. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~ N~/Ar City Manager's Signature Planning & Zoning~i~ctor City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTS\ Agenda Item Request Woolbright (Nguyen) 9-4-0.dot S:~BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Medical Pavilion APPLICANT'S AGENT: Chris Kerr, Kilday &Associates APPLICANT'S ADDRESS: 1551 Forum Place Suite 100A West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: 9/04/200'1 TYPE Of RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): New Site Plan 2800 Seacrest Blvd. Boynton Beach, FL SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found .as follows: OR THIS MATTER came onto be heard before the City Commission of the City of Boynton Beach, Florida On the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 paragraph 3 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:\SHRD~(TA\P anning\SHARED\WP~PROJECTS\Boynton Beach Medical Pavilion\NWSP\Develop.Order New Site Plan 9-04-01 .doc Conditions of Approval NWSP 01-004 6 DEPARTMENTS INCLUDE REJECT 29. Project shall be limited to one (1) free standing site sign at project entrance X on Seacrest Boulevard (Chapter 21 signs). Revise plans accordingly. 30. Property address shall be clearly shown on site sign. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined S :XPIanningXSHARED\WPXPROJECTSXBoynton Beach Medical PavilionXNWSP\cond. of approval 2001 form.doc Cond/tions of Approval NWSP 01-004 5 DEPARTMENTS INCLUDE REJECT 22'. Submit detailed irrigation Plans for required right-of-way landscape X improvements during the construction document permitting stage, for review and approval by the Parks Division staff. Include on the plan the location of any existing irrigation in the fight-of-way. FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 23. Label all easements on the site plan and landscape plan. X 24. Seacrest Boulevard entrance is proposed to be relocated. Permits may be X required from City of Boynton Beach and/or palm Beach County. 25~ Site plan approval is contingent upon approval of a variance for a reduction X in required parking. 26. Site plan approval is contingent upon approval of a height exception for the X forty-four (44) foot high peak rooi"entr~,~ce feature, and the thi~-one foot, eight inch (31.8) parapet wall. 27. Applicant has applied for a code review to increase the height in a C-1 X zoning district and to add parapets to the list of architectural elements eligible for height exception. Site plan approval is contingent upon approval and adoption of this requested code revision, and the ultimate submittal and approval of a height exception for the parapet. 28. Indicate sign lettering color on the elevation drawing sheet AS.01. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: Conditions of Approval NWSP 01-004 4 DEPARTMENTS INCLUDE REJECT 17. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues [Section 3107.1 2, Chapter 31 of the Boynton Beach amendments to the 1997 edition of the Standard Building Code]: The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations." Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings rifled site plan, floor plan and paving/drainage (civil plans). I 18. As required by Chapter 4, Section 7 of the Land Development Regulations, X submit a floor plan drawing. The building plans are not being reviewed for compliance with the applicable building codes. Therefore, add the words: ' Floor plan layout ~s conceptual below the drawing t~tled Floor Plan found on sheet(s). However, add to the floor plan drawing a labeled symbol that identifies the location of the handicap accessible entrance doors to the building. The location of the doors shall match the location of the accessible~ entrance doors that are depicted on the site plan drawing. 19. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 20. Add to the drawing the calculations that were used to identify the minimum X number of required handicap accessible parking spaces. Also, state the code section that is applicable to the computations. 21. At time of permit review, submit for review an addressing plan for the X project. Paints a ,a) REC ^TxoN Comments: Conditions of Approval NWSP 01-004 3 INCLUDE REJECT DEPARTMENTS ' ' depicted on the site plan drawing. Florida AccesSibility Code for Building Construction, Section 4,1.2, 4.3. 15. ' Add a labeled symbol to the site plan drawing that identifies the location of X · the handicap accessible Parking spaces, The ~luantity of the sPaces shall be consistent with the regulations specified in the Florida Accessibility Code for Building ConstruCtion. The accessible parking spaces that se~e a use shall be lo~ted on the shortest safely accessible rOute of travel from adjacent parking to an accesSible entrance. The Florida Accessibility Code fo~: Building Construction states that buildings withl multiple ~accessible entrances shall have accessible parking spaces dispersed and located closest to the accessible entrance. Florida Accessibility Code for Building Construction, SectiOn 4.1.2 (5), 4.3,'4.6 Parking for medical ~faciii~ies shall comply with Florida Accessibility Code for Building Construction, Section I 4.1.2 (5) (d) (i) (ii). 16. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the ' accessible parking spaces and the accessible entrance doors to the building. The symbol shall start at the accesSible parking spaces and terminate at the accessible entrance doors to the building. The symbol shall represent the location of the path of travel, not the location °~the detectable warning or other pavement marldn~s that are required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan . the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) Inches). Add text to the drawing that would indicate that the symbol r~epresents the accessible route and the route is designed in compliance with Section 4.3 (Accessible Route) and 4.6 (Parking and Passenger Loading Zones) of the Florida Accessthdxty Code for Bmld ng · Construction. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible ronte is in complianCe with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. Conditions of Approval NWSP 01-004 2 DEPARTMENTS INCLUDE REJECT 6. Determine ownership and maintenance responsibility for storm sewer X system. Show that permitting is being pursued and that all permit requirements will be adhered to during construction. 7. Sidewalks shall be constructed concurrent with building construction and X ' shall be four (4) feet wide along local streets, and five (5) feet wide along streets of higher classification (LDR, Chapter 6, Article IV, Section 10.T, and Chapter 22, Article I, Section 5).. 8: Sidewalks adjacent to parking lots shall be continuous through all driveways X and shall be six (6) inches thick within driveways (LDR, ChaPter 23, Article II, Section P). 9. On the site and civil plans, show and identify all necessary traffic control X devices such as stop bars, 'stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc Delineate and stripe the "Loading Area" 9 (where applicable); include a pavement message in yellow indicating "No Parking-Loading Zone". See City Standard Drawing B-98001 and B-90013 for striping details, 10. The fire lane signage and markings shall conform to LDR Chapter 23, X Article II, Sections B. & M. The three (3)-foot high "Fire Lane" words shall be placed along both lanes and staggered. Please note that the gross building area is greater than 15,000 squ ,are feet. 11. General Notes 1 and 2 conflict with each other. General Note 2 conflicts X with Paving & Drainage Note.l-5. Eliminate General Note #2 on Sheet #4 of paving grading anddrainage plans. I 12. Provide a written reference to FDOT Standard Index 546 for the sight X triangles along all collector and ai'terial roadways. (Seacrest Blvd.) 13. Provide details for existing basin top to be modified on Seacrest Boulevard. X BUILDING DIVISION Comments: 14. On the floor plan drawing, add a labeled symbol that identifies the location X of the handicap accessible entrance doors to the building. The location of the doom shall match the location of the accessible entrance doors that are B T "C" EXHI I Conditions of Approval Project name: Boynton Beach Medical Pavilion File number: NWSP 01-004 Reference: 2nd review p:lan~ identified as New Site Plan. File # 01-004 with a July 31, 2001 Planning and Zoning Department date stamp ~marking. INCLUDE REJECT DEPARTMENTS PUBLIC WORKS · Comments: None X UTILITIES X Comments: None FIRE Comments: 1. City water flow requirements: ' X a. A 1,500 GPM fire flow is required. b. A fire flow test is required prior to constmction~ 2. Roads (paved or stablize) and hydrants must be in place prior to any X construction above grade. (NFPA 241 (1.966) Standard for Safeguarding Construction, Alteration, and Demolition Operations, sections 54.3 and 6- 7.2.2. POLICE . ~ X Comments: None 3. Show ail existing'utility lines and connectors on the Site Characteristics X Map (Survey) and Site Development plan (LDK, Chapter 4, Section A.3). 4. Provide a detail for dumpster enclosure area on the architectural plans. (City X Of Boynton Beach Standard Drawing A-88007) Angle dumpster as discussed at TRC. 5. The catch basin and manhole covers shall be bicycle proof (LDR, Chapter X 6, Article IV, Section 5.A.2.f). Add this note to the civil plans. EXHIBIT?A,, Requested City Commission [] July 17, 2001 [] August 7, 2001 [] August21,2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM E CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18,2001 (5:00p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Date.s_ [] September 19, 200l [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentatien [] City Manager's Report RECOMMENDATION: Accept the renewal premium quotes from Florida League of Cities/Florida Municipal Insurance Trust for Automobile, Property, and Boiler and Machinery insurance lines; and, Bonds related to City Manager and Finance Director, and three Pension funds, for total of $364,490. (Reference B±d t~096-1710-00/KR) EXPLANATION: See attached breakdown and comparison to current premium year. This insurance coverage includes automobile liability and property damage, property insurance coverage, boiler and machinery coverage, and bonds. (NOTE: This does not include general liability and workers' compensation coverages included under a previously approved three-year guaranteed premium program.) PR,OGRAM IMPACT: Risk Financing is part of the ongoing responsibility of the Risk Management Department. FISCAL IMPACT: Renewal premiums are within the parameters set in the proposed 2001-02 Budget line items. ALTERNATIVES: Go Uninsur~/~entifi./9/ · areas and risk adversely affecting e C~ty fmances. City Manager's Signature Risk Management Department Name City Attorney / Finance / Human Resources Cjm/2001 FLC Ins Renewal Comm Agenda.dot S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC Florida League of Cities/Florida Municii~al I surano,, Insurance Renewals 2001 Insurance Automobile Property Boiler & Machinery (Hartford Steam Boiler) Bonds City Mgr. & Finance Dir. Police Pension Fund Fire Pension Fund Gen. Empls. Pension Fund TOTAL Current Renewal % 2000-01 2001-02 + or- $ 95,555 $ 88,935 6.9% $215,405 $253,253 +17.6% $ 16,221 $ 17,909 +10.4% $ 4,126 $ 4,126 -0- $ 86 $ 86 -0- $ 86 $ 86 -0- $ 95 $ 95 -0- $331,574 $364,490 + 9.9% NOTE: This does not include general liability and workers' compensation coverages included under a previonsly approved three-year guaranteed premium program. Cjm/2001 FLC Ins Renewal Breakdown. doe Florida Municipal Insurance Trust (FMIT) First Installment Billing - 01102 Fund Year 0811712001 FMIT# 0055 ATTN: Mr. Charles Magazine City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425- Please Make checks payable to: Florida Municipal Insuranc~e Trust P.O. Box 1757 Tallahassee, FL 32302-t757 Gross Premium Incentive Credit General Liability Automobile Property $0.00 $121,422.00 $345,766.00 $0.00 $32,487.00 $92,513.00 Workers' Compensation (1) Total $0.00 $467,188.00 $0.00 $125,000.00 Total Net Premium 1st Installment Total Due by 1010112001 $0.00 $88,935.00 $253,253.00 $0.00 $22,234.00 $63,313.00 $0.00 $342,188.00 $0.00 $85,547.00 $85,547.00 PLEASE NOTE: PREMIUM PAYMENT DUE BY October 01, 2001. Please see the reverse side for a copy of our Premium Installment Plan and Penalty Policy. PINK COPY - Please return with your payment. ~,o.4 WHITE COPY - For your records. SPECIAL COVERAGES Mr. Charles Magazine Ri sk Manager City of Boynton Beach o8/I5/01 FMIT # 55 jr MAKE CHECKS PAYABLE TO: P.O.FLORIDA MUNICIPAL INSURANCE TRUST PLEASE RETURN THE PINK COPY OF THIS INVOICE WITH YOUR CHECK PAYMENT DUE IN FULL BY 10/01/01 * EFFECTIVE EXPIRATION DESCRIPTION POLICY NUMBER DATE DATE PREMIUM A-3 BONDS POSITION SCHEDULE FINANCE DIRECTOR, CITY MANAGER TOTAL LIMIT: $1,000,000 A-3 BONDS EMPLOYEE DISHONESTY POLICE OFFICER'S PENSION FUND TOTAL LIMIT: $100,000 SECOND INSTALLMENT A-3 BONDS EMPLOYEE DISHONESTY FIREFIGHTER'S PENSION FUND TOTAL LIMIT: $100,000 SECOND INSTALLMENT A-3 BONDS EMPLOYEE DISHONESTY EMPLOYEE PENSION BOARD TOTAL LIMIT: $100,000 SECOND INSTALLMENT A-4 BOILER & MACHINERY 23S100730527 23BZ103377996 23BZ103378019 23 BZ1033 78016 BMI-AT-g450256 10/01/0'1 10/01/02 10/01/01 10/01/02 10/01/01 10/01/02 10/01/01 10/01/02 $4,126.00 $86.00 $86.0'0 $95.00 I0/01/01 10/01/02 $17,909.00 Total $22,302.OO Requested City Commission [] July 17, 2001 [] August 7, 2001 [] August 2l, 2001 [] September 4, 2001 NATURE OF AGENDA ITEM VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Ci, - Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.rm) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19,2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned into Ci . Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5 00 October 17, 2001 (5:00 I~) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] 'City Manager's Report RECOMMENDATION: MOTION to approve the ,'SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Staff and allow selling of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by FLEET ADMINISTRATION. Fleet Maintenance has requested that these surplus vehicles be placed on E-Bay for disposal. Procurement Services requests Conmmssmn review, evaluation and approval to sell the surplus propezty. PROGRAM IMPACT: The disposal of surplus vehicles/equipment will provide for maintaining inventory control and revenue reimbursement through a monitored processed by Procurement Services. FISCAL IMPACT: The revenues generated from the sale of surplus vehicles/equipment will be placed in the Vehicle Service. Fund in the following account. Re~/enue Reimbursement Account #501-0000-365-01.00 Sale of Surplus Equipment ALTERNATIVES: Maintain the vehicles/equipment in inventories with high maintenance costs which could conceivably impact operations due to down time for repairs. ~.~ ~ ~'/" ~~ . '~m~I__:_Uity Mamiger s Signature Deputy Director of Financial Services Procurement Services Department Name cc: jeff Livergood - Public Works Robert Lee - Fleet Maintenance Hoyt Johnson - Financial Services S:XBULLET1N~ORMS'~AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources DEPARTMENT OF PUBLIC WORKS MEMORANDUM #01-066 To: Bill Atkins, Deputy Director of Finance Jeffrey Livergood, P.E., Public Works Director From: Robert H. Lee, Fleet Administration Subj: Excess Vehicles Date: August 17, 2001 The fleet vehicles listed below are units that have been replaced with new units over the past several months, with one exception, unit #333 is a forfeiture vehicle from the Police department. These fleet resources are currently in storage at the Public Works compound. Service and repair costs are excessive to keep and maintain these units. Storage space is limited within the boundaries of the compound. Fleet is requesting approval for advertisement and sale.via the Internet. ID#: Year / Make: 0086 1990 - Peterbuilt 0170 1990 - GMC 1/2 Ton P/U 0171 1988 - GMC ½ Ton 4x4 P/U 0333 1991 - Chevrolet 4DR / SDN 0464 19_9_6 - Ford 4DR / SDN 0732 1989 - Chevrolet 3/4 Ton P/U Model: Serial #: 320 / Auto/Refuse 1XPZH78X2LD704707 1GTDC 14Z5LZ546073 1GTDK 14H2JZ551500 1G 1BL53E9MR129465 2FALP71W9TX 159440 1GCFC24H2KE236779 cc: Ramon Dauta, Fleet Maintenance Supervisor Edmund Brenner, Service Writer 'TON BEACH X'I.. - I~IEW BUSINESS REQUEST FORM Agenda Requested City Commission Date Final Form Must be Turned September 5, 2001 (5:00 p.m.) [] September 19i 2001 September 20, 2001 (5:00 p.m.) [] October 2, 2001 October 3, 2001 (5:00 p.m.) [] October l 6, 2001 OctOber 17, 2001 (5:00 p.m.) [] November 6, 2001 CD [] Development Plans [] New Business [] Legal co -~o [] Unfinished Business [] Presentation Report creating and establishing a program for qualified individuals needing" levied on their property, and establishing a review process for special assessment may work a hardship on certain residential means whereby affected property owners may request a total or partial Resources RESOLUTION A RESOLUTION OF THE CITY OF ESTABLISHING A FOR CONFLICTS: PROVIDING AN EFFI~ WHEREAS, the City Commission of the Ordinance 01-34, authorizing the imposition and against property; and ' WHEREAS, the City Commission of the 01-217, which is the Initial Assessment Special Assessment; and, WHEREAS, the Initial Assessment special assessment upon all real Assessment Resolution, including all residential WHEREAS, the City Commission recognizes a hardship on certain residential property owners in whereby affected property owners may request a assessment for hardship. NOW,'~HEREFORE, BE IT RESOLVED B THE CITY OF BOYNTON BEACH, FLORIDA AS r 1. The foregoing as being tree and correct and ~ upon adoption hereof. SECTION 2. The City Commission of hereby creates and establishes a program for assistance to pay all or part of the fire assessment deferral of payment of all or part of the fire assessment on and desires P~al oWs: of Bo, S:\CALRESOXLegislative Actions~assessment hardship082801.doc 1 r,s program for financial assistance shall be commonly Loan Program. The following types of financial need: of an annual fire assessment. )ayments of an annual fire assessment. of an annual fire assessment. of payments of an annual fire assessment. individuals are eligible for financial assistance: Owners who meet 2001 HI-IS Poverty Guidelines. owners that are exempt from ad valorem taxation Florida Statutes are eligible to apply for a Hardship 196.081, Florida Statutes (totally disabled veterans and of veterans); 196.091, Florida Statutes (disabled veterans confined 196.101, Florida Statutes (totally and permanently Owners that aualifY for the additional homestead persons 65 and over a~uthorized pursuant to section 196.075, are also eligible to apply for the Hardship Waiver ~erty Owners that are qualified under the Florida Homestead Section 197.242 et' al., Florida Statutes. esidential Property Owners may submit an Eligible R - ~ - form --renared by the City, with Waiver or De~errat, on a The Application shall include the following: demonstrating eligibility for the HardshiP Waiver or Deferral Criteria exemptions listed in sections A, B, C or D above; Tax Bill for the subject property; of the facts and circumstances of the Hardship. received by All Applications be considered for the Deferral Applications for the must be received, on or before November 1, 2001 Once received, all applications shall be Committee. HardShip Ao The Committee shall be comprised City Manager, or his or her Ity s Finance Director, Co The Committee shall review the facts a hardship exists to warrant a partial levied upon the applicant's real The concurrence of all three members grant a partial or total, waiver or assessment. a deferra Co.tree D. The decision of the ComrMttee is final. SECTION 7. The Committee shall such to the applicant. SECTIQN_.~8. If a partial or Committee, the Finance Director shall ensure Tax Collector as to the revised mount of SECTION 9., property only. An applicant may apply bas~s. SECTION 10. CTION then fiscal year. An applicant must A'deferral may be SECTION12-. When financial ass/stance program, the City sh~ll pay on behalf of the individual all or part of the fire assessment not Commission shall appropriate from general funds a payment of an assessment when assistance is granted S:\CALRESOkLegis/ative Actions~asscssment hardship08280t.doe 3 or deferral a: HardShip indiv to i SECTION 13. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 14. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it' shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 15. This Resolution shall become effective upon adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF FLORIDA, THIS DAY OF ~ 2001. MAYOR COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER ATTEST: JANET PRAINITO, CITY CLERK APPROVED AS TO FORM: JAMES A. CHEROF, CITY ATTORNEY S:\CALRESOXLegislative Actions~assessment hardship082801.doc 4 c:~ ~_RequL~d City Commission L,_ '--~ ~.~eetin~ Dates 51y 12001 [] August 7~ 2001 [] August 21, 2001 [] September 4, 2001 XII. - LEGAL ITEbl A. 1 CITY OF BOYNTON BEACH AGENDA ITEM QUEST FORM Date Final Form Must be Turned in to City Clerk's Office July5, 2001 (5:00p.m.) July 18, 2001 (5:00p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to City Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 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 maintain this item on the September 4, 2001 City Commission agenda under Legal, Ordinances-Second Reading which was postponed at the August 21,2001 City Commission meeting. This ordinance was approved on First Reading at the AuguSt 7th City Commission meeting. The subject ordinance has been drafted by staff and is to amend the Land Development Regulations, Chapter 2. Zoning, Section 11.1(C) Non-conforming Lots. This amendment will increase the developability of originally platted, 50-foot wide lots for single family homes by reducing the criteria for non-conforming status to only require that an eligible lot be platted -prior to this amendment, and that the lot have a minimum frontage of 50 feet and minimum area of 5,000 square feet. These two criteria are currently included as part of the criteria for being a non-conforming lot; however, the amendment would eliminate the requirements including the land assemblage and single lot ownership tests. It should be noted that current regulations would require that the development of th ese small lots include on-site drainage retention requirements to comply with local and agency standards. EXPLANATION: At present, the only way a non-conforming lot can be eligible for development is if it meets all the following criteria: 1. The parcel must contain at least one (1) whole platted lot; 2. The parcel must have lot frontage of not less than 50 feet and a minimum area of 5,000 square feet; 3. Property cannot be acquired from adjacent parcels so as to make the subject parcel/structures thereon to become non conform lng or more non-conforming; 4. Applicant cannot own adjacent substandard parcels which could be combined to meet the minimum lot requirements of the underlying zoning regulations; 5. If multiple adjacent parcels are owned by the same person, only one of the substandard parcels can be developed; and 6. The subject parcel must have been owned by the applicant prior to the effective date of the current regulations, which is February, 1978. This criteria, and in particular item #6 above, is so restrictive that it only applies to those individuals who have owned a substandard lOt since at least 1978. Although the intent of the city was to require that these lots be assembled and developed in accordance with the regulations of the underlying zoning district, the affect, which is realized today during 'a period of high demand for affordable single family hous ng, is to prevent the out-right develoPment of these lots without a variance. It should be noted that nearly all variance requests for originally S:~BULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM platted lots of this size are approved. Despite the favorable outcome of these requests, the variance process adds costs and time to a process which is sensitive to both factors. Since the implementation of the City of Boynton Beach's Affordable Housing Program, the city has built numerous homes on non conform ng lots located within the target area Nearly al of these projects required variances as the properties did not meet the minimum lot restrictions ~or the respective zoning d strict. This process Was time consuming and costly as loans were pending on the projects. Staff questions the necessity for these restrictions given that in all the referenced instances th~ subject prOjeCts were consistent with adjacent or nearby homes/lots currently existing in the subject area. The City of Boynton Beach receives annually anywhere from $300,000 to $450,000 from the State Housing Initiative Partnership (SHIP) Program to assist with the affordable housing program. As a result, we were required to write an~d "adopt a Local HoUsing Assistance plan that would oUtline the strategies the City of Boynton Beach would use to implement this program. One of the goals that the state encourages is the relaxation of land development regulations that do not support affordable new housing. If these non conforming lots which are usually located within the target area are not allowed to be built on, there is an increased chance that the city's effort to eliminate slum and blight will be severely crippled. In addition, the city may have some legal exposure from the perception that its actions have the effect of denying individuals the right to any use of their property. Also supporting the proposed amendment, is Policy 6.3.12 found in the Housing Element of the 1989 City of - Boynton Beach Comprehensive Plan. This poi cy specifics y requires that the City amend the zoning ordinance to allOW construction on non-conforming residential lots if the resUlting development provides well-des gned hous ng that is compatible with the neighborhood. The proposed ordinance is consistent with the policy, furthers the intent of the ComprehenSive Plan, and is the minimum action required for implementing the policy. There remain approximately 62 undeveloped lots that measure 50 feet wide and a minimum of 5,000 square feet in area. These lots are clustered in three different areas of the City, with approximately 53 of them being located within the Community Redevelopment Area (CRA). More particularly, the subject lots can be found within that portion of the CRA located south of the B°ynton (~-16) Canal, eaSt of 1-95, west of the FEC Railroad right-of-way and north of Boynton Beach Boulevard. A total of 6 of these lots remain undeveloped within the Lake Addition Subdivision (that portion of the CRA located east of US-l, north of NE 6th Avenue, and south of NE 10t~ Avenue. Lastly, 3 of these small lots rems n undeveloped within the Lake Boynton Estates Subdivision (.west of 1-95 and soUth of B°ynton Beach Boulevard). It should be noted that th s is not a comp ete inventory of all developed, 50 foot wide lots within the city as many subdivisions were developed-out prior to the adoption of current non- conforming regulations. PROGRAM IMPACT: Proposed amendment furthers state and local housing initiatives and implements the city's Comprehensive Plan. FISCAL IM PACT: n/a ALTERNATIVES~ot approve or mpdify subject ordinance. Develo e -~L~..~ / ~-- ~. '~iO~orn~ Finance / ~nager s Signature Human Resources S:~ULLETRq, FORMSX, A. GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 1- 48 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON' BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING, SECTION 11.1, SUBSECTION C. NONCONFORMING USES AND STRUCTURES, TO PROVIDE FOR A REDUCTION IN THE REQUIREMENTS APPLICABLE TO NONCONFORMING LOTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Chapter 2, Section 11.1 C. of the Land Development Regulations sets forth the regulations that govern nonconforming uses and structures within the City of Boynton Beach; and WHEREAS, staff has recommended changes to this Section of the Code to (1) promote the right to develop originally platted lots; (2) support and implement policies and programs related to the construction of affordable housing; and (3) encourage infill development and removal of undeveloped and' blighted properties from the landscape. 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 b3/the City Commission. Section 2. That Chapter 2. Zoning, Section 11.1, subsection C, is hereby amended by ._adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: C. NONCONFORMING LOTS. 1. a detached single-family dwelling may be constructed on any parcel located in a R-l, R-lA, R-2 or R-3 district provided that it meets all of the following requirements: contains at least one (1) whole platted lot, platted prior to :Fthc ...... ~ bo waz n~at*cd ~dcr *o the effective date of the adoption or amendment of these zoning regulations.; The parcel ,or assemblage of platted parcels which individually meet. .... - · · ~ .... c has a frontage the requirement o[ para.m.-aph a ot th~s secuon t of not less than fi~ (50) feet, and a lot area of not less than five thousand (5,000) square feet, (irregular, other than rectangle-shaped lots with less than 5,000 sq-are feet of area may be developed if in conformance with all other lot regulations; c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building .code regulations, including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties. p ....-*- ...... '-; .".i' ';, c,.,.,-+ Section 3. 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 August, 2001. SECOND, FINAL READING AND PASSAGE this day of September, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk \UGCDE FSXL1BRAKYM990\900182.BB\ORDLAn~ending LDR - Chanter l 1.1 C (8-13-01).docH:~,1990~,9~! Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 2I, 2001 [] September 4, 2001 XII, - LEGAL ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) July 18, 200l (5:00 p.m.) August 8, 2001 (5:00 p.n~) August 22, 2001 (5:00 p.m.) Requested City Comrmssion Meeting Dates [] September 19, 2001 [] October 2, 2001 [] October 16, 2001 [] November 6, 2001 Date Final Form Must be Turned in to Cit~ Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) October 17, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consem Agenda [] New Business -- --~-< [] Public Hearing [] Legal ~ -r~ ["'1 Bids [] Unfinished Business r-o ~-~ [] Annotmcemem [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the August 21, 2001 City Commission Agenda Second Reading. The City Commission, during its public hearing held on August 7,.2001, approved this request for abandonment subject to the condition that a new replacement (drainage) easement be recorded prior to final approval. For further details pertaining to this request see Department of Development Memorandum No. PZ 01-149. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: VILLAS AT QUANTUM LAKE Mark Hanson Villas at Quantum Lake Corporation Quantum Lakes Drive @ Quantum Boulevard Request for abandonment of a twelve (12') foot drainage easement between Lots 59 and 60 of Quantum Park at Boynton Beach Plat No. 6. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVESA~I N/A De v~lop~me~l~3p-atXa~n't~irector Planning & Zoniarg ~irector S:LPlanning~SHARED\WPXPROJECTSWillas at Quantum Lakes aka Grotto Ba City, Manager's Signature / Finance / Human Resources Request 8-21-01 .dot S:~BULLETIiX~ORMSXAGENDA ITEM REQUEST FORM.DOC f? AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLOR.IDA, AUTHORIZING ABANDONMENT OF A TWELVE (12) FOOT DRAINAGE EASEMENT LOTS 59 A_ND 60. OF QUANTUM BOYNTON BEACH PLAT NO. PARTICULARLY , THE REC BEACH EFFECTIVE DATE. BETWEEN P~ AT 6, MORE HEREIN; S~L BE WHEREAS, Mark M. Hansen of Olen Residential Realty Corporation, agent for Villas of Quantum Lake Corporation, a Florida Limited Partnership, has requested the abandonment a 12 foot drainage easement lying between lots 59 and 60, Quantum Park at Boynton Beach P.I.D., Plat No. 6 as recorded in Plat Book 57, Page 191, Public Records of Palm Beach County, Florida; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and~, Development Board and the City Commission on the proposed abandonment; 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 by and through its City Commission, does hereby abandon a 12 foot drainage easement lying between lots 59 and 60, Quantum Park at Boynton Beach P.I.D., Plat No. 6 as recorded in Plat Book 57, Page 191, Public Records of Palm Beach County, Florida and more particularly described herein as composite Exhibit "A', subject to the recording of the new (re_located) easement, a copy of which is attached hereto as composite Exhibit "B", and ail other staff comments. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3. This Ordinance shall take effect immediately upon passage. FIRST READING this ~[ ~ay of August, 2001. ~ SECOND, September, 2001. READING AND PASSAGE THIS day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk s:ca\Ordinances~Abandonmenfil2 foot drainage easement- Quantum Villa~ TO: THRU: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-149 Chairman and Members Planning and Development Board Michael W. Run~p~ Planning and Zoning Director Jose R. Al~ar~o Planner July 19, 2001 Villas at Quantum Lakes ABAN 01-002 NATURE OF REQUEST Mark M. Hansen of Olen Residential Realty Corporation, agent for Villas of Quantum Lake Corporation, A Florida Limited Partnership, has filed this application to abandon a 12-foot drainage_ easement lying between lots 59 and 60, Quantum Park at Boynton Beach P.I.D., Plat No. 6, as recorded in Plat Book 57, Page 191, Public Records of Palm Beach County, Florida. The attached Exhibit "A" shows the location of the applicant's property, and includes a diagam of the specific easement to be abandoned. BACKGROUND In February, 2000, The Quantum Park DRI Development Order #10 changed the land use designations for parcels 59 - 67C to allow "Mixed Use" that permits office, commercial and residential uses. The easement exists on property pl.a~ed for a multi-family residential component of a conceptual Master Plan known as Villas at Quantum Lake. The developer proposes the construction of eighteen (18), two- story buildings. One (1) of the proposed buildings ;vould be constructed on portions of an existing 12- foot drainage easement dedicated by plat to the Quantum Park Property Owners Association, Inc. (see Exhibit "B" - proposed site plan). The developer is requesting the abandonment of the above-referenced easement located at either side and along the dividing parcel line between lots 59 and 60, to facilitate the development of the project. It should be noted that the applicant is proposing replacement of the existing drainage easement'with a new 20-foot drainage easement located partially on lot 59, and partially on lot 60 (see Exhibit "C" - proposed drainage easement). ANALYSIS According to the applicant, the subject easement is currently not being utilized by any agency and/or city, and is not of interest for future use by any local public or private utility company. Furthermore, the City departments involved in the revie;v of all requests for abandonment are identified bellow. Public notice was given to the property o;vners that abut the easement and it has been advertised in the newspaper. The responses by the city departments are as follows: Page 2 Memorandum No. PZ 01-149 ABAN 01-002 CITY DEPARTMENTS Engineering Utilities Planning and Zoning Review incomplete No objection· No objection. t Due to the nature of the subject easement, drainage, no utility company was notified of the abandonment request. Furthermore, the Quantum Community Development District approved the proposed abandonment and its relocation on their November 22, 2000, meeting. The following is a description of the zoning districts and land uses of the properties that surround the · i "A" subject request (see Exh~b t - Location Map). North South East West Lot 62 Quantum Park, vacant property zoned PID; Lot 58 Quantum Park, vacant property zoned PID; Quantum Lakes Drive fight-of-way and farther west, Water Management Tract "P" and Tract "Q" Quantum Park; Water Management Tract "M" Quantum Park and Sand Pine Preserve lot in Quantum Park. RECOMMENDATION S taffrealizes that the existing location of this drainage easement partially jeopardizes the realization of the project; also, staff recognizes that the subject easement's purpose will be accomplished through relocation of a more efficient 20-foot drainage easement· Therefore, staff recommends that the subject abandonment request be approved subject to the recording of the new (relocated) easement, the satisfaction of any condition generated by the Engineering Department (still on going), and any other conditions of approval recommended by the Planning and Development Board or required by the City Commission, and to be placid in Exhibit "D" - Conditions of Approval. xc: Central File S :~ PlanningLS HARED\WP~P KO JE CT SWill~ at Quantum Lakes aka Grotto BayLa. BgaN 01-002~-Staff Repor~ 0 t-002.doc LOCATION MAP 'EXH!~B:I:T "A" c- t-" o _.j ,r-' Cl' GROTTO BAY O..1-. 0000 07/2001 EXHIBIT "A" EASEMENT TO BE ABANDONED \ POI NT OF CURVATURE QUANTUM .J 59 PARK AT BOYNTON BEACH, PLAT NO. - 6 PLAT BOOK 57, PAGES 191--193 LIFT STATION EASEMENT PLAT BOOK ,57, 191--193 15' UTILITY EASEMENT PLAT BOOK 57, 191-193 6O Z~ -- II 't-~ACT P.I.D. b~/ ~.~x' ~o TRACT "M" PLAT BOOK 57, 191-193 TRACT "A--1" SHEET 2 OF 2 M. SMITH AND SURVEYING, INC. 103 SUNFLOWER STREET ROYAL PALMBEACH, FL 55¢11 (561) 7§2-9157 LB #6865 SCALE: 1 "=100' SKETCH OF LEGAL DESCRI PT I ON DATE: SEPTEMBER 2000 RELEASE OF EASEMENT D I RECTORY: QUANQUAN PREPARED FOR QUANTUM PARK AND FIELD BOOK': N/A VI LLAGE, LLC DWG NO.: QUANSK01 ~ I I 335 - EXHI r · . x,..~ EASEMENT TO BE R_ELO~ l I : (NOT T0 S~ ~ ~0~ 5~, Pa;57, 1. 1 NFO~TION $H~ ~ - eqgS CO~Ti~E~ NOR DOES IT *REPR~E , ' . .'2. NOT VALID WlTHO~ THE SIG~TURE' ,AND -'L I CEDED SURv~OR AND ~PP~ : )~ .~{C/NSED A~HOR~TiON NO. E~.r ' ~. B~RINGS S O~ HE~EOB AREr, BASLD iON THEI ~"~OUT. H~SZ LINE OF~ LOT 5~; QUAN~U~ PARK AT 80YNTON BmACHj,. P.I.D. P~T. NO. 6, ASii1 R:CORDED , , PLAT, B~K 57~ PAGES 'r~B;1 193, , -PUBL I C RECORDS OF PAlM B~CH 'COU~Y, LEGEND- ~~ . ' r P~ ¢ PLAT BOOK / WA~ PO8 POINT OF BEGINNING / POC POINT OF COMMENCEMENT' / TOTRL Project name: Villas at Quantum Lakes File number: A_BAN 01-002 EXHIBIT "D" Conditions of Approval Reference: Application to Abandonment with a June 20, 2001 Planning and Zoning Division date stamp marking.. DEPARTMENTS . INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DMSION Comments: NONE X BUILDING DMSION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIKONMEN:TALIST Comments: NONE X PLANNING AND ZONING Comments: 1- New drainage easement to be recorded prior to final approval. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None. X . ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. MWR/dim S:\pLANNiNG\,.SHARED\WlZ, PROJECTS\VILLAS AT QUANTUM LAKES AKA GRO'Uro BAYXABAN 01-002x,CONDITIONS OF APPROVAL. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOyNTON BEACH, FLORIDA PROJECT NAME: Villas at Quantum Lakes APPLICANT'S AGENT: Mark M. Hansen of Olen Residential Realty Corporation APPLICANT'S ADDRESS: 1062 CoraFRidge Dr.- Coral Springs, FI 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 07, 2001 TYPE OF RELIEF SOUGHT: Request for drainage easement abandonment LOCATION OF PROPERTY: East side of Quantum Lakes Drive DRAWING(S): SEE EXHIBITS "A", "B", and "C" 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 Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 Ap~oli?nt .,~.. 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 bythe public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". The Applicar~t's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3. hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development .on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S \Planning\S~ARED\W~PROJECTS'Wi[las at Quantum Lakes aka Grotto Bay~ABAN 01-C02\Development Order.~o¢ LOCATION MAP Boynton Beach Medical Pavilion EXHIBIT "A" C3 i ~ REC PU ..C~ SITE I/8 MILES 4.00:'800 FEET