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Agenda 10-02-01The City of 100 E. Boynton Beach Boulevard (561) 742-6000 City Commission AGENDA OCTOBER 2. 2001 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager j ;TRICT ' il Visit our Web site www.ci.boynton-beach.fi.us · 1~ ~'~ ~i#~#~ ~lt~ b'~ ~r ".M~ ~i11~##i#~ WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTiCIPATiON AT cTrY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of at the meeting. The City Commission will not take action upon any matter, proposal, or ich is not listed upon the official agenda, unless a majority of the Commission has first consented for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and whiCh are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. 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 has 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 yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please 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. ADDRESSING THE COMMISSION: 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 continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every mOnth, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). October 2, 200l CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rev. Randall Gill, First Presbyterian Church Pledge of Allegiance to the Flag led by Vice Mayor Weiland D. IF YOU WISH TO ADDRESS THE COHHISSION' FILL OUT THE APPROPRIATE REQUEST FORM GIVE ZT TO THE cz'rY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED COHE TO THE PODIUt4 WHEN THE HAYOR CALLS YOUR NAHE II. INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED t4INUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIt-tZTED TO 3-t4INUTE PRESENTATIONS III. OTHER: A. Informational Items by Members of the City Commission Appointment To Be Made ADMINISTRATIVE: Appointments to be made: Length of Term Board Expiration Date II III McCray Ferguson Children & Youth Advisory Bd Children & Youth Advisory EM Stu/Reg/NonVoting Stu/Reg/Voting 1 yr term to 4/02 1 yr term to 4/02 (Tabled-3) (Tabled-3) cTrY OF.BOYNTON BEACH AGENDA REGULAR CTrY COMMTSS]:ON MEETING OCTOBER 2, 2001 I II II II I IV IV V. Weiland 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 1 yr term to 4/02 1 yr term to 4/02 1 yr term to 4/02 5 yr term to 6/06 McCray Cemetery Board Alt McCray Code Compliance Board Alt Weiland Education Advisory Board Alt Fisher Golf Course Advisory Committee Alt Fisher Nuisance Abatement Board Alt I yr term to 4/02 ANNOUNCEMENTS & PRESENTAT]:ONS: A. Announcements: Oceanfront Concert Series on October 19, 2001, 6-9 p.m. at Oceanfront Park - The Scharff Brothers 8and (Pop/Rock) The City was recognized with an Award of Excellence from the City, County Communications & Marketing Association in the Best Video/PSA Spots category for its monthly 30 Second L/pdate series B. Presentations: 1. Proclamations: None VI:. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Special City Commission Meeting of September 4, 2001 2. Special City Commission Meeting of September 5, 2001 3. Agenda Preview Conference of September 13, 2001 4. Special City Commission Meeting of September 19, 2001 (Tabled-3) (Tabled-3) (Tabled-2) (Tabled-2) (Tabled-3) (Tabled-3) 2 CI'TY OF BOYNTON BEACH AGENDA REGULAR CI'TY COMMTSSZON MEETZNG OCTOBER 2~ 2001 Bids - Recommend Approval - All expenditures are approved in the 2000-2001 Adopted Budget Award the "ANNUAL SUPPLY OF SULFURIC ACID," Bid #089-2821-01/KR, to Sulfuric Acid Trading Company (SATCO), for an estimated annual expenditure of $120,000 Award the ANNUAL BID FOR TEMPORARY LABOR SERVICES, Bid #085- 2510-01/KR, to A & ASSOCTATES for an annual estimated expenditure of $10,000 Resolutions: Proposed Resolution No, R01-262 Re: Approving and executing by Resolution Task Order #01-09 with Camp, Dresser and McKee (CDM), one of our Utility General Engineering Consultants, to perform a Water, Wastewater, and Stormwater Rate Study in the amount of $24,990 Proposed Resolution No. R01-263 Re: Approving a new Interlocai agreement with Palm Beach County for the maintenance dredging of Boat Club Park Navigation Channel Proposed Resolution No, ROZ-264 Re: Approving CHANGE ORDERS NOS. 1 - 4 to REPUBLIC CONSTRUCTION for the EZELL HESTER PARK BREEZEWAY PROJECT (BID#025-2711-01/C1D) in the total amount of $15,560.85 Proposed Resolution No, R0:!.-265 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of September 19, 2001: Authorization to expend $36,000 on an emergency basis from Repair & Replacement Fund to replace both emergency generator radiator cores. Radiator cores are (10) years old and due to corrosive atmosphere, leaks have developed in core tubing requiring costly repairs. New core material upgraded thus reducing repairs. During FPL power outages, these radiators must be in service for generators to operate. Authorization to enter into an agreement with Palm Beach County Utilities in the amount of $47,364 for performing lab testing services for fiscal year 2001-2002 with option to renew for additional (2) two years subject to final review by board attorney CI"FY OF BOYNTON BEACH AGENDA REGULAR CI'TY COF4MZSSI'ON HEETZNG OCTOBER 2, 2001 Authorization to enter into contract with Widell, ]:nc. in the amount of $1,805 for construction of sludge dewatering project Authorization to expend an additional $428,950 from Repair & Replacement Fund to supplement the $1.8 million appropriated in 2000/200! budged to cover construction contract costs and other associated costs to complete the sludge dewatering project e. Authorization for acceptance of a revised 200~./2002 Organizational Chart Proposed Resolution No. R01-266 Re: Supporting the authorization of local fire marshals and fire departments to enforce applicable fire safety codes and regulations at public school facilities Ratification of Planning & Development Board Action: Showcase Contractors, 201 SE 24~ Avenue - Request relief from Land Development Regulations Chapter 2, Zoning, Section 5.C.2.a. to allow a single family house on a sixty (60) foot wide lot in lieu of the minimum seventy-five (75) feet of frontage required by code in an R-l-AA zoning district Castaneda Medical Building, 250 SE 23"~ Avenue - Request site plan approval to construct a 4,800 square-foot medical office building on a 0.52-acre parcel Quantum Park P]:D, Quantum Park, P]:D, Plat 6, Lots 32-38 - Request Use Approval to include outdoor storage in the list of permitted uses in Quantum Park P~[D Gymnastics Centers in M-l, City-wide - Request to amend Chapter 2, Zoning, Section 8.A.l.d.(9) to allow gymnastic centers as permitted uses in the M-1 zoning district Approve request for sole source supplier, Jacobs Air Water Systems in the amount of $47,500 to replace media in degasification towers located at the West Water Treatment Plant Approve the petition by Michael ]:dell, operating a Fort Lauderdale-based taxi- limousine business, for a Certificate of Public Convenience and Necessity Approve the petition by Larizy Maiale ]:]:, operating a Boynton Beach-based taxi- limousine business, for a certificate of Public Convenience and Necessity Crl'Y OF BOYNTON BEACH AGEN DA REGULAR CITY COMMISSION MEETING OCTOBER 2, 2001 VIII, Authorize execution by the City Manager of an Appointment Letter between the City of Boynton Beach and Nancy Byrne, as Assistant Director of Development Clq'Y MANAGER'S REPORT: A. Proposed Noise Regulations - Draft Ordinance B. Proposed Amendment to PPM & APM - Active Military Duty PUBI. ZC HEARZNG: 7:00 P,M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Applicant: Description: Comprehensive Plan Amendments School Concurrency The City of Boynton Beach Request that: 1. The City Commission, acting as the Local Planning Agency, find the proposed amendments consistent with' the Comprehensive Plan; and 2. The City Commission approve the proposed amendments for transmittal to the Florida Department of Community Affairs FUTURE AGENDA ITEMS: E. F. G. Marina Project Update (October 16, 2001) - Site Plan Review on November 6, 2001 Proposed Demolition of the Mangrove Park School (Old High School) at 125 E. Ocean Avenue (October 16, 2001) Report on Ordinance Changes for Advisory Board Attendance and Conduct Standards (November 6, 2001) Water Conservation Strategy (November 6, 2001) Traffic Calming and Traffic Control Final Report (November 6, 2001) Quantum Park NOPC #12 to City Commission (November 6, 2001) Redevelopment Code Issues for Non-conforming Lots and Buildings in Commercial Areas (November 2001) Ordinance Establishing Setbacks from Schools and/or Churches for Establishments having Liquor Licenses (November 20, 2001) FRA Whistle Ban - Report (December 4, 2001) CZ'FY OF BOYNTON BEACH AGENDA REGULAR CZTY COMMZSSZON MEETZNG OCTOBER 2, 2001 XI. .1. Ordinance Establishing an Arts Commission (December 4, 2001) DEVELOPMENT PLAN5: None NEW BUSTNESS: XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 01-52 Re: Amending Land Development Regulations, Chapter 2 Zoning, Section 6.A.3. providing for an increase in the maximum structure height in the C-1 zoning district from 25 to 30 feet; providing for an increase in the building height for buildings with under building parking to thirty-five feet as a conditional use in the C-1 zoning district; and amending Chapter 2, Section 4. F. providing for the addition of parapets as a potential exemption from height limitations B. Ordinances - 1~ Reading Proposed Ordinance No. 01-50 Re: Amending Part III, Land Development Regulations, Chapter 1 and Chapter 21, regarding "Banners" (TABLED TO OCTOBER .~6~ 200~ AT THE REQUEST OF THE LEGAL DERAR TMENI~ C. Resolutions: Proposed Resolution No. R01-267 Re: Authorizing Settlement Agreement between City of Boynton Beach, Defendant, and Florida Outdoor Advertising, L.L.C. and Gold Coast Advertising, Thc., Plaintiffs, (Case No. 00~8577 as Consolidated with Case No. 00-8803) D. Other: Proposed Ordinance No. 01-53 Re: An Emergency Ordinance amending the Personnel Rules and Regulations of the City of Boynton Beach to provide for supplemental pay for active military leave 6 CITY OF BOYNTON BEACH AGENDA REGULAR CITY COHHISSION MEETING OCTOBER 2, 2001 XIII. UNFINISHED BUSINESS: XIV. AD]OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATI'ER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CI'TY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILrrY AN EQUAL OPPORTUNrrY TO PARTICIPATE IN AND ENJOY THE BENEFI'TS OF A SERVICEr PROGRAMr OR ACTIVITY CONDUCTED 8Y 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. FINAL AGENDA 09/28/2001 3:53 PM \\CH'dVlAIN\SHRDATA\CC\WP\CCAGENDA~AGENDAS\YEAR 2001\100201 FINAL AGENDA.DOC V-ANNOUNCEMENTS & PRESENTATTONS ITEM A, 1 City of Boynton Beach Oceanfront Concert Series (FormerlY Known As "Tunes in Town" or "T,N.T." Concerts) :!!.' ~:i*~:ii ~::~i.ii:! 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)l June 15th July 20th August 17t" Battle of the Bands: "Orlon", "The Trytones" and "Identity Crisis" (Teen Concert) Straight Shooter (Country) Heidi and The E! 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, Pleas® Call the Special Events Office at 561-742-6222 Requested City Commission Meetin~ Dates [] July 17, 2001 [] August 7, 2001 [] August 2l, 2001 [] September 4, 2001 NATURE OF AGENDA ITEM V-ANNOUNCEMENTS & PRESENTATIONS ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission in to Cit,, Clerk's Office Meeting Dates July 5, 2001 (5:00 p.m.) [] September 19, 2001 July 18, 2001 (5:00 p.m.) [] October 2, 2001 August 8, 2001 (5:00 p.m.) [] October 16, 2001 August22,2001 (5:00p.m3 [] November 6, 200l October l7, 2001 [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] 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.) September 20, 2001 (5:00 p.m.) October 3, 2001 (5:00 p.m.) RECOMMENDATION: EXPLANATION: The City was recognized with an Award of Excellence from the City, County Communications & Marketing Association in the Best Video/PSA Spots category for its monthly 30 Second Update series, which is broadcast by Adelphia Cable on various cable networks. The award was presented at the organization's annual conference in San Antonio, Texas, on September 7, 2001. Of the "Water Quality" spot that was submitted as an example, the judges said, "Message was clear and concise in this short 30-second spot. Good example of production techniques that got our attention. We were impressed with the amount of information we were able to absorb in such a short time." PROGRAM IMPACT: There were over 400 entries across all categories in this competition. Other winners in this particular category were Redmond, WA, and Yuma County, AZ. This was a fkst time entry for Boynton Beach and clearly puts the City at the forefront of member cities throughout the country in the 0-191,000 population category. FISCAL IMPACT: ALTERNATIVES: Depa?tment H~I~ s Signature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] July 17,2001 [] August7, 2001 [] August21,2001 [] September 4, 2001 VI.-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 July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 Date Final Form Must ~Turr/~ September 5, 2001 (5:0~m.)~7r4, ~2-~C-J September 20, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) 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 · a Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award the "ANNUAL SUPPLY OF SULFURIC ACID", Bid #089-2821-01/KR, to Sulfuric Acid Trading Company (SATCO), for an estimated annual expenditure of $120,000.00. EXPLANATION: On August 30, 2001, four (4) bids were received and opened in the Procurement Services office. All proposals were reviewed and it was determined that Sulfuric Acid Trading Company of Tampa, Florida, is the lowest, most responsive, responsible bidder who meets all specifications. Barbara Conboy, Utilities Administrative Coordinator, concurs with this recommendation (see attached Memo #01-223). PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for a one (1) year period for the purchase of sulfuric acid. The West Water Treatment Plant uses 93% sulfuric acid to lower the pH of the feed water to prevent calcium carbonate from precipitating onto the membrane surface during the water treatment process, The West Water Treatment Plant anticipates using 4,000,000 pounds of sulfuric acid for this one (1) year period. FISCAL IMPACT: ACCOUNT NAME/NUMBER Process Chemicals 401-2821-536-52.35 ~Dep-t~ty Directo~ o-f F~ma~ial~ervices Procurement Services Department Name ESTIMATED ANNUAL E]~PENDITIYRE City Manager's Signature City Attorney / Finance / Human Resources cc: Barb Conboy, Administrative Coordinator, Utilities Dave Ailstock, Chief Operator, WWTP Bob Kenyon, Deputy Director of Utilities File S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC UTILITIES DEPARTMENT MEMORANDUM NO. 01-223 TO: FROM: DATE: Bill Atkins, I])epu~ Dire~or of Finance 7.o l Barbara Conl~by; Administrative Coordinator September 6, 2001 2001 SUBJECT: Purchase of Sulfuric Acid Agenda Item Ninety three percent (93%) sulfuric acid is used at the West Water Treatment Plant to lower the pH of the feed water to prevent calcium carbonate (CaC03) from precipitating onto the membrane surface during the treatment process. The current bid with Brenntagg Mid-South (formerly H.C.T.) for the purchase of sulfuric acid, has expired and can no longer be extended. Sulphuric Acid Trading Company (SATCO) bid price is the lowest price on bid number 089-2821-01/KR that was opened August 30, 2001. We recommend awarding the bid to purchase sulfuric acid for $120,000 from Sulphuric Acid Trading Company (SATCO). We anticipate using 3,945,285 pounds per year. Please place this item on the next City Commission agenda to approve the bid. These funds will be available in account number 401-2811-536-52-35 in the 2001-02 budget. If you have any questions, please contact Bob Kenyon at Ext. 6402 or Dave Ailstock at Ext. 6453. Attachments /gmb bc: XC: Dave Ailstock Dale S. Sugerman Bob Kenyon Barbara Conboy Georganne Barden ~0 c::z ~orn zm~ .-r .-o c::~ ~ m - i m 00 r- _~ z ~ '"'~ ~ 0 C ~ ;0 m mz ;~ mz -n ct~ Or- 0 ~0 0 , c~ m m-< 0 O~ 0 c c ooz <> ~ ~ 0 m q~ q oo~ z> ~6 >i~_ , ~ :;0 rn 0 Z~Om Z :-Zz om ~ > 0~> rn rn 0 m z 0 c~ r- ~ ~ ~0 ~ m ~ ~ o mo _~ -0 z~- Zo 0~ o m ~-~ ~_~ N z~mO~_ ~_zO om --~o~m - ,~ me ~0zO ~' m m m z ~, .q ~ :-n~0 i , 0~ ~ ~ Z ' o3> , m~ ~ m'< m'< zO m ~oz g ~ o~ o O~ Z o .-< C> "~ "0 mm ZZ ZZ .m.m .~.0 0 z ---- 0(~' Oi ITl ~ :~z, z m "~i 0 m© r'fl rn .< 0 ~ -o Zc 0 m c.~ ~o N itiT m ~m~o m r-'O 03 0 r_m> 0 ~ mr- 0 ~ -' Z m ~ zre m z~ ~ o o3 ;0 o_ ~ Ill Z~ 0 .q o .-< I I Z Z zZ ~--'1 ,~ : --I m'n -o_ -~ Z "o 0 ~o o mzZ>~o :~o m_ ~ m r.= × qz. · ..-n o~.~ n-ic~ '= c~ "n O~ O~ cO c_ ~ 0o~ ~ o ~ z ~z ~ ~ ,x o ~ - om u, , "nu:~ Z Z -,- 0'~ (~ ~- _ mO 0 ~ '-' ~ '"< Z 0~ '< Z Z ~ 0 m m m m z.~ ~! ~ ~ ;o '__~ 0~_ ~ C ~00 mm ~.~.> Z Z C:: 0 d 0 00 m ~ ;:oZ , z CD E~ C] ;~ m_ ~ :l:t: 0 0 m "o ::0 0 "'13"0 ~z ~>~ ~ ~_~ z z .. m m ~ m C o > Z.-'~.-0 ZZ -.~ · --t ~ o.9, ~ m 0 I-= 0 rn -< rn Z ITl X ' ~z ~ z o>* m rn ;:o @ ~-~ t-~ Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August21,2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] September 19, 2001 [] October 2, 2001 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.) Date Final Form Must be Turndit ~ in to City Clerk's O.~.e '?: --' September 5, 2001 (5:00 .) 2 ~ Septemb~ 20, 2001 (5:00 p.m.) ~ August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) 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 [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award the ANNUAL BID FOR TEMPORARY LABOR SERVICES, Bid #085-2510-01/KR, to A & ASSOCIATES for an annual estimated expenditure of $10~000.00. EXPLANATION: On August 21, 2001, four (4) proposals were received and opened in the Procurement Services office. The tabulation sheets were evaluated by the Public Works and Parks Departments. It was determined that A & Associates of Lantana, Florida, is the lowest, most responsive, responsible bidder who meets the specifications for semi-skilled and unskilled labor. At the present time, only semi-skilled and unskilled labor will be used by these two departments for custodial assistance and general labor requiring very limited skills. Jeffrey Livergood, Public Works Director and John Wildner, Parks Director, concur with this recommendation (see attached memos). PROGRAM IMPACT: The purpose of this bid is to establish a fixed hourly rate for temporary labor services on an "as needed basis". FISCAL IMPACT: ACCOUNT NAME/NUMBER ANNUAL EST. EXPENDITURE SOLID WASTE 431-2515-534-49-17 $ 7,000.00 FACILITIES MANAGEMENT 001-2511-519-49-17 $ 2,000.00 PARKS 001-2730-572-49-17 $ 1,000.00 TOTAL $10,000.00 ) ! Deputy Director of Financial Service/ rff C~ty Ma'hager s Signature Procurement Services // ff Department Name City Attorney / Finance / Human Resources cc: Jeffrey Livergood, Public Works Director Larry Quinn, Solid Waste R/chard Eiege, Facilities Management John Wildner, Parks Director File .1'! It ,,~ ~-~ --m ~ -~ 0 0 0 0 m ~ .~ Z~ Z i ~ = ~ ~ ~ m ~ ~ ~ < ~ 0 0 m ~ 0 z m m z ~ b b ~ ~ ~ I .~.00 ;:0 .~. 3> ~C TO: VIA: FROM: DATE: SUBJECT: PUBLIC WORKS DEPARTMENT Memorandum NO. 01,073/Revised Bill Atkins, Deputy Finance Director PROCUREMENT Jeffi:ey Livergood, Public Works Director,~/~ Paula J. Leblanc, Administrative Secretary September 18, 2001 Temporary Labor - Bid Award Bid #085-2510-01/KR ~EP 18 PURCHASII Larry Quinn of Solid Waste and Richard Fiege of Facilities Management have reviewed the above-mentioned bid. It is the recommendation of the Public Works Department to award this bid to the lowest bidder for Semi-Skilled Labor ($9/hour) and Unskilled Labor ($8.25/hour), A & Associates, as the Public Works Department will only use temporary labor for custodial assistance and general labor requiring very limited skills. Funding is available in the FY2001/2002 Budget in the amount of $7,000 in the Solid Waste account number 431-2515-534-49.17 and $2,000 in the Facilities Management account number 001-2511-519-49.17. A blanket purchase order will be entered into H.T.E. later this month. Please contact me at Ext. 6212, if you have any questions. pl Copy: Larry Quinn, Solid Waste Richard Fiege, Facilities Management Attachment (Tab Sheet) TO: FROM: VIA: CC: RE: Date PARKS DEPARTMENT MEMORANDUM #01-95 Karen Riseley, Buyer/Procurement Vicki L. Rogerson, Administrative Secretary John Wildner, Parks Director,~ File Temporary Labor September 18, 2001 The Parks Department concurs with the Public Works Departments recommendation to use A & Associates for temporary labor services. The Parks Departments estimated annual amount for fiscal year 2001/02 is $1,000 from account number 001-2730-572-49-17. Please proceed with the award recommendation. Thank you. /vlr Page 1 of 1 Risele~/, Karen From: Sent: To: Cc: Subject: DeFosse, Freda Thursday, August 23, 2001 10:03 AM Riseley, Karen Sciortino, Joe; Quinn, Larry Temporary Labor Services I have received and reviewed the tabulation for the above bid. We currently use a company called EXTRAS, INC. and obtain semi-skilled golf course labor for $8.55 an hour. Therefore we will not be utilizing the bid as the lowest price on the bid is $9.25 an hour. Freda Risele¥, Karen From: Sent: To: Cc: Subject: Kenyon, Bob Wednesday, August 29, 2001 5:08 PM Riseley, Karen David Ailstock; Dora Formanek; Fred Ireland; Gerald LeaFy; John Reynolds; Les Sarkkinen contractual labor Team stated there is no identifiable need at this time. I think it is possible we may be coming back and using this, but at this time, there is no need. Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM C.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlv 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 [] November6, 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: ,~ Motion to approve and execute by Resolution Task Order #01-09 with Camp, Dresser and Mc .K..~ee (CDM), one of our Utility General Engineering Consultants, to perform a Water, Wastewater, hrid Stormwater Rate Study in the amount of $24,990.00. -:: EXPLANATION: CDM performed the last rate study for the Utilities Department, which focused on the Stormwater System. This study will focus on the Drinking Water System. The City Commission recently discussed water rates from Various perspectives to include: cost of service, conservation rates, escalating rate blocks, system expansion and more. This study will address these issues with the focus on cost of service, necessary support for revenue bonds, and revenue adequacy for a five-year period. PROGRAM IMPACT: The study will be presented to the Commission for evaluation, consideration, and action. FISCAL IMPACT: The cost of this Task Order is $24,990.00. WTR017, Professional Services. Funds are available in Account ~403-5000-590-96-01 ALTERNATIVES: S:'~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM Dep~me~t He-adySignature Utilities Department Name ~ity Manager s S~gnamre ty Atto~ey~ Fir{ance / Human Resources Attachments (4 originals) CCi Bob Kenyon Barb Conboy Pete Mazzella Mark Law S:~BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TASK ORDER NO. 01-09 BETWEEN THE CITY OF BOYNTON BEACH AND CAMP, DRESER ANDMCKEE (CDM) IN THE AMOUNT OF $24,990.00 FOR PREPARATION OF A RATE STUDY FOR WATER, WASTEWATER, AND STORMWATER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, CDM performed the last rate study for the Utilities Department, which focused on the Stormwater System; and; WHEREAS, this study will focus on the Drinking Water System, to include cost of service, conservation rates, escalating rate blocks, system expansion, etc.; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to approve and execute Task Order No. 01-09 with CDM in the amount of $24,990.00, for preparation of a Water, Wastewater and Stormwater Rate Study. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: City Clerk (Corporate Seal) caXreso~agreements\Consultant - Task Order 01-09 CDM Commissioner Commissioner Commissioner CDM consulting engineering operabbns Camp Dresser & McKee Inc. 1601 Belvedere Road, Suite211 South West Palm Beach. Florida 33406 Tel: 561 689-3336 Fax: 561 689-9713 September 6, 2001 Mr. Robert L. Kenyon Deputy Utilities Director Utilities Department City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 SEP 1 I 2001 Subiect: Water, Wastewater and Stormwater Rate Study Transmittal of Task Order 01-09 Dear Mr. Kenyon: As requested, Camp Dresser & McKee Inc. (CDM) is pleased to transmit herewith four copies of the captioned task order that we have executed. Please return one copy countersigned by the Mayor to us for our records. We appreciate the opporttmity to serve the City of Boynton Beach on this important project. Thank you. Very truly yours, CAMP DRESSER & McKEE INC. David F. Holtz, P.E. Associate DFH/bes Enclosures File: 0000-DFHNB-MS.DFHBB S:~O00'~,s6530.doc ENGINEERING SERVICES TASK ORDER TASK ORDER NO. 01-09 DATE: CDM PROJECT NO. 6276 - 09 III. PROJECT DESCRIPTION Water, Wastewater and Stormwater Rate Study CONTRACT REFERENCE This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated the 4th day of October 2000 by and between the City of Boynton Beach (City) and Camp Dresser & McKee Inc. (Engineer). SCOPE OF SERVICES In March 2000, the Engineer submitted to the City its report concerning the adequacy of rates with respect to the City's stormwater, water and wastewater systems. That report concluded that, based on cost of service considerations, an immediate adjustment was required in the monthly stormwater fee, and that no adjustment was required for the wastewater system. Concerning the water system, the report concluded that while rates provided revenues at approximately breakeven, an adjustment to the water rates would be required in the next few years to maintain revenue adequacy. In conjunction with development of the City's water, wastewater and stormwater budget for Fiscal Year 2002 (October 1, 2001 through September 30, 2002), the City desires to engage Engineer to perform the rate study, with focus on the water system. Accordingly, this Task Order has been prepared to develop a rate study similar to that submitted in March 2000, but with focus redirected to the water system, and to indude the anticipated debt service from a new revenue bond issue (2002). A description of the tasks comprising the scope of services is set forth below. Task 1: Data Collection and Review - Immediately upon receipt of written notice to proceed, the Engineer will submit a data request letter to the City setting forth the nature and desired format of data to perform the study. After receipt of requested data, Engineer will review the information and advise the City of any additional data needs. Task 2: Projection of Customer Parameters - Based on the information furnished by the City, Engineer will project future customer growth annually for the five-year study period (Fiscal Years 2002 through 2006, inclusive). 1 S:\O000\bs6517.doc\09/06/01 Task 3: Project Revenues at Prevailing Rates - Engineer will project revenues at prevailing rates separately for the water system, the wastewater system and the stormwater system for the study period. Task 4: Review and Update the Fee-In-Lieu-Of Stormwater Capital Charge - In the March 2000 rate study, Engineer developed a fee-in-lieu-of stormwater capital charge. Engineer will review the prevailing charge with City staff, and if warranted,.update the fee-in-lieu-of :stormwater capital charge. Task 5: Review and Update Water and Wastewater Capital Facilities Charges - The City imposes capital facilities charges upon new connections to the water and wastewater systems to recover the ratable share of capacity expansion costs borne on behalf of growth. It has been several years since these charges were last reviewed and . and this task provides for such a review and update. The Engineer will review . select a methodology for updating the Task 6: Review, Update, and Develop Ancillary Charges - The City performs a number ~-~ of miscellaneous tasks with respect to its water, wastewater and stormwater systems. The City levies certain charges for theSe services, but may not levy charges for all of them. Based on discussion with City staff, Engineer will update ancillary charges that are currently levied for miscellaneous services. For miscellaneous services provided, but for which ancillary charges are not currently levied~ based :on discussion with City staff, Engineer will estimate the cost of providing these miscellaneous services, and decide if a related ancillary charge is warranted. If warranted, Engineer will develop the appropriate ancillary charges. Task 7: Project Revenue Requirements - Based on the City's five-year capital improvement program, and working in conjunction with the financing team, CDM will project the annual debt service associated with each of the three systems. The capacity expansion percentages associated with the debt service for each system will also be estimated~ Engineer will project separately for each of the three systems the annual revenue requirements comprising: operating expenses; debt service; renewal and replacement requirements; minor capital outlays; and, capital improvements. TaSk 8: Project AnnUal Net Revenues, Cash Flows, and Surpluses/(Deficits) - Under this task, Engineer will project separately for each system the annual net revenues, cash flows, and surpluses or deficits, at prevailing rates. Task 9: Project Annual Percentage Adjustments in Rates Required - Based on the results of Task 8, the Engineer will project separately for each system the annual percentage adjustments in rates required to meet the revenue requirements. S :\O000~bs6517.doc\09/06/01 2 Task 10: Develop Recommended Annual Adjustments in Rates - City and Engineer across-the-board basis. With respect to the wastewater commodity rate for residential customerS, however, per month to Regarding the water system, City prevailing structure of a fixed E block ConTu,nodity rate structure would be minor adjustments generally the an inClining the 3,000 blocks ,from the Prevailing will be Permit rates Use Task I1: Compare Rates with Other Local Utilities - The Engineer will compare the, aeighb juriSdiCtions. ~ P,004g,xe.o Tasl~ report forth all i report. Report - The Engineer will prepare a draft rate study conclusions and r with five copies of the draft Task 13: Prepare Final Rate Study Report - After receipt of the City's comments concerning the draft report, the Engineer will incorporate those comments into the final rate study report. The Engineer will provide the City with 10 copies of the final report. Task 14: Attend Meetings - Engineer will attend a total of five meetings for the project, including the formal presentation of the final rate study report to the City Commission. Task 15: Update Rate Model - At the completion of the year 2000 rate study, the Engineer provided the City with a rate model. Upon acceptance of the final rate study report by the City, the Engineer will update the rate model to reflect the analysis performed during the study. If the City desires, for purposes of assisting with its Fiscal Year 2002 budgeting effort, the Engineer will.provide the City with a preliminary update of the model which would be verified at the completion of the study. PROJECT STATUS REVIEW The Engineer shall provide the City with monthly progress updates throughout the project. 3 S:\O000\bs6517.doc~09/06/01 VI. PROIECT SCHEDULE AND DELIVERABLES The Engineer shall commence services immediately upon receipt of the written notice to proceed from the City. The professional services will be completed by the Engineer within the following schedule: · Draft Report: 6 weeks from receipt of all requested data · Final Report: 3 weeks from receipt of comments on the draft report CONSULTING ENGINEER INSURANCE REQUIREMENTS · Workers' Compensation Insurance in accordance with Florida Statutes. · Comprehensive Automotive Liability with a minimum coverage of $1,000,000 annual aggregate for bodily injury or accidental death. · Comprehensive General Liability with a minimum limit of $1,000,000 annual aggregate covering property damage. · Liability for Property Damage, while operating motor vehicle, with minimum limits of $1,000,000 annual aggregate. · Contractual Liability including limits established for Items VI B, C, and D. above. · Professional Liability with minimum limits of $1,000,000 annual aggregate. COMPENSATION FOR SERVICES The total amount to be paid to the Engineer by the City under this Task Order shall be a lump sum amount of $24,990. The Engineer will invoice the City on a monthly basis as required for payment based on costs incurred to date. TERMINATION This Task Order may be terminated by the City, upon thirty (30) days written notice to the other party. If terminated, the Engineer shall complete and shall be paid for services rendered through the date of termination. S :\O000\bs6517.doc\09/06/01 4 IN W1TNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CAMP DRESSER & McKee INC. CITY OF BOYNTON BEACH, FLORIDA Associate Gerald F. Broening Mayor 5 S :\O000~bs6517.doc\09/06/01 EXHIBIT A PROJECT BUDGET PROJECT: CONTRACT REFERENCE: City of Boynton Beach, Florida Water, Wastewater and Stormwater Rate Study Master Agreement for Stormwater Utility Projects between City of Boynton Beach, Florida, and Camp Dresser & McKee Inc., dated October 4, 2000. BUDGET: TOTAL LABOR COST OTHER DIRECT COSTS: Printing, Copying, Mileage, Computers, etc. LUMP SUM AMOUNT $24,100 $890 $24,990 bs6529.xls-9/6/O 1 A- 1 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.2. 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 t7, 2001 July 5, 2001 (5:00 p.m,) [] September 19, 2001 [] August7,2001 JulylS, 2001 (5:00p.m.) [] October2,2001 [] August 21, 2001 August 8, 2001 (5:00 p.m.) [] October 16, 2001 [] September 4, 2001 August 22, 2001 (5:00 p.m.) [] November 6, 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 [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve a new Interlocal agreement with Palm Beach County for the maintenance dredging of Boat Club Park Navigation Channel. EXPLANATION: The City had a previous agreement with Palm Beach County to provide engineering and administration services for this project. This new agreement revises the manner by which the County sought project bids and generally updates language. Bids have been received in an approximate amount of $24,000. PROGRAM IMPACT: Natural erosion has filled the existing channel making navigation from Boat Club Park to the ocean very difficult at low tide. Regular dredging of this channel is essential to the efficient use of the ramp facilities at Boat Club Park. FISCAL IMPACT: We have a grant from the Florida Inland Navigation District for $25,000 which will cover the cost of this program. ALTERNATIVES: Reject the proposed Interlocal agreement and proceed with the projecrl'ndependent of Palm Beach County. This would dela~ tire pr.r.r.r.~ct greatly.. -- ! /i' Department Name J-' QityXttome~t'l~'~nce / Hum~a Resources SABULLETIN~ORMS',AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH !",equesled CID.' Commission Dale Final I:onn Mus! be Turned Reouesled City Commission ~lcctmg t)mes in to City Clerk's Office Meeting Dates .lulx 20. 1999 Julx 7. 1999(5:00p.m) ~ Scplcmber 21.1999 Xugusl 3. '999 July 21. 1999 (5:00 p.m.) ~ ()ch)bet 5. 1999 kugusl 17. 1999 Augusl4 1999 ¢5:OOpm.) ~ ()clobc)' 19. 1999 September 7. 1999 .-kurta 18. 1999 (5:00 P.m.) ~ November 2. 1999 I)atc Final Fonn Must bc Turned in. lo Cml',' Clerk's Ofli~:c Seplcmber 8_ i 999 (5:00 p.m.) :',cplcrnbcr 22_ 1999 (5;00 p.m.'~ t.)clobcr t,. 1999 { 5 ;00 p.m. ! ()ctober 20. 1999 (5:()0 pm.) [] Administralive [] Developmen! Plans NATURE OF [] Consent Agenda [] New Bt,sincss AGENDA ITEM ~ Public Hearing ~ Lcgal ~ Bids ~ Unfinished Business RECOMbiENDATION: Move to approve an inmrlocal agreement betw~n Pahn Beach CounW and the CiB' of Bo~ nlon Beach for mmm~nc~ging of the Boat Club Par~'N~vigation Channel. Authorizing an estilnated $18.(1(~0 to b~ paid ~;::: mainl~nance dredging usine thc Coun~, rote stmctnrc. Work Io be performed al lhe same lnnc the County is performing n;'.:nm~:,nce ~rcdging at Boynton bret. Funds to be designated from thc City Comingency Account. EXPLANATION: Several >'ears ago. the CiD' did maintenance dredging to an existing channel from Boat Club Park to the Boynlon lnlet. Cost of that dredging was approximately $80.000. Periodic mamtenauce dredging was originally planned for fiscal year 2001. Complaints about the deterioration of the existing chapel have increased. We have just recently become aware that Pahn Beach CounD' is currently in progress with a similar maintenance dr~ging projecl of its own around the Bovnton Inlet. St~ has explored the possibili~ of a joint venture in order to minimize costs for ~th parties. Length of the agmeinent emeu~ only two ymrs This is not a long term maintenance agreement but rather an agreement for combining permitting, construction and management dredging of the cMnnel with the CounD"s maintenan~ dredging. The agr~ment expi~s in m,o ),mrs but the ~ssibiliW exias for continued ~operation on ~ture mainten~ce dredging. PROG~M I~ACT: Considerable improvement in se~i~ to the boating public will result from dr~ging at this time. Postponement of this op~auniD. ~II r~lt in a contin~tion of the deterioration of the existing channel. FISCAL ~ACT: Costa to remove an afimt~ 1.645 cubic yards of dredge material are estimated to be approximately $18.000 which we are pro,sing to be t~en from the CiD' Contingent, Account. ALTERNATIVES: Pass on this opportuni .ty to share the costs of this project with Palm Beach Coun .ty. Costs for pursuing this project separately could kange up.to $80,000 or more. j City Manager's Signature Department Head's Signature Leisure Services: Parks Division Department Name City Attorney / Finance / Human Resources S:~B[ff-.LETIN~ORMS~AGENDA ITEM REQ ..UEST FOR~.DOC RESOLUTION R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY OF B~ DR THE NAVIGATION CHANNEL; AND EFFECTIVE DATE. CLUB PARK PROVIDING AN WHEREAS, natural erosion has filled the existing channel making navigation from Boat Club Park to the ocean very difficult at Iow tide; and WHEREAS, regular dredging of this channel is essential to the efficient use of the ram facilities at Boat Clul~ Park; and WHEREAS, on December 9, 1999, the County and City entered into an intedocal agreement for use of the County's price agreement for dredge equipment and for placement of dredged material into a hole within the ICV in the vicinity of Half Moor Bay; and; WHEREAS, certain details of the project have changed from the time that intertocal agreement was executed and the term of that agreement would have expired on December 7, 2001, which is prior to completion of the work; NOW, THEREFORE, COMMISSION OF THE THAT: Section 1. BE IT RESOLVED BY THE CITY CITY OF BOYNTON BEACH, FLORIDA, Upon recommendation of staff, this Commission does hereby authorize and direct the Mayor and City Clerk to execute an Intedocal Agreement between Palm Beach CountY, and the City of Boynton, setting forth the terms, conditions and obligations of each of the County construction contract for certain maintenance dredging activities associated with the Boynton Beach Boat Club Park'Navigation Access Channel. Section2 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) s:ca~'eso',agrfintedocartC¥COBB~)redging - Boat Club Pa~k 092504 II Department of Environmental Resources Management 3325 Belvedere Road. Building 502 West Palm Beach FL 33406-1548 (561', 233-2400 Fax: t561) 233-2414 www. pbcgov, com Palm Beach County Board of County Commissioners Warren H. Newell, Chairman ~. Carol A. Roberts. Vice Chair Karen T. Marcus Mary McCarty Burr Aaronson Tony Masilotti Addie L. Greene County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer' September 14, 2001 Mr. John Wildner, Parks Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Mr. Wildner: SUBJECT: BOAT CLUB PARK NAVIGATION ACCESS CHANNEL - MAINTENANCE DREDGING - INTERLOCAL AGREEMENT Please find enclosed the new inteflocal agreement between the City of Boynton Beach and Palm Beach County for reimbursement of costs associated with the maintenance dredging of the subject navigation channel. This new agreement: terminates the December 7, 1999 interlocal agreement; sets forth the terms, conditions and obligations for work performed by the county staff and using the county's construction contract for maintenance dredging; and revises the term to the year 2004; and provides for compensation by the city for all work performed by the county under the December 7, 1999 intedocal agreement that has not been paid as of the effective date of this new agreement. We are providing you with three (3) original copies of the new interlocal agreement. Following approval by your commission, please have your Mayor sign and seal all three original agreements. Return all three agreements to Robert Clinger for further processing by our Board of County Commissioners. We will return one fully executed copy to you for your records. If you have any questions, please contact Robert Clinger at (561) 233-2433. Since~ ,.-.~ ~ //f Jameg'/Barry, IY, D ctor/ Environmental Enhancement & Restoration JJB :RWC cc: Laura Thompson, Director J:\slwi\sand trap & Jew dredging\john wilder.2.434.wpd ~ printed on recycled paper INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOY-NTON BEACH THIS INTERLOCAL AGREEMENT, which is made and entered into on the day of ,2001, by and between PALM BEACH COUNTY, ("COLINTY") a political subdivision of the State of Florida, and the CITY OF BOYNTON BEACH, a municipal corporation in the State of Florida, (~'CITY") each one constituting a public agency as defined in Pan I of Chapter 163, Florida Statutes. WITNESSETH: WltEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, populatton and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163 Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and that each might exercise separately; and WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County Commissioners is empowered to establish and administer programs of beach erosion control and to enter into agreements with other governmental entities within or outside the boundaries of the COUNTY for joint performance, or performance of one umt on behalf of the other, of any of either governmental entity authorized functions; and WItEREAS, pursuant to Chapter 166, Florida Statutes, the CITY is empowered to exercise any governmental, corporate, and pmptietary power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the COUNTY is planning to perform maintenance dredging of the Ocean Inlet Park Sand Trap area and the Atlantic Intracoastal Waterway; and WI-IEREAS, the CITY wishes to have maintenance dredging performed within the Boynton Beach Boat Club Park Navigation Access Channel which is located in the vicinity of the COUNTY's project; and WHEREAS, the CITY has expressed an interest in utilizing COUNTY staffto pursue permitting and management as well as the COUNTY's construction contract for perfomaing maintenance dredging and the COUNTY is agreeable to include the CITY's project as part of its permitting and management process as well as the construction effort; and WHEREAS, on December 7, 1999 the COUNTY and the CITY entered into an interlocal agreement for use of the COUNTY' s price agreement for dredge equipment and for placement of dredged material into a hole within the ICW in the vicinity of Half Moon Bay; and WItE~AS, certain details of the project have changed from the time that interlocal agreement was executed and the term of that agreement would have expired on December 7, 2001 which is prior to completion of the work. NOW, TI-IEREFORE, in consideration of the mutual covenants, promises and representations herein contained, and for other good and valuable consideration, the receipt and sufficiency of which the parties expressly acknowledge, the parties hereto agree as follows: 1. C'.ar,-~ll~on ofPrevious Interlocal A _m~ement. The interlocal agreement between the COUNTY and the CITY entered into on December 7, 1999 is hereby terminated. The COUNTY and CITY agree to wave the thirty (30) day notice provision in paragraph 19 of the December 7, 1999 interlocal agreement. 2. Purpose of the Agreement. The purpose of this interl0cal agreement is to set forth the terms, conditions and obligations of each of the respective parties hereto forwork performed by couNTy staffend the COUNTY' s consmaction contract for certain maintenance dredging activities associated with the Boynton Beach Boat Club Park Navigation Access Channel as more particularly depicted in Attachment "A" and defined in paragraph 3 below. This i.~ not a long term maintenance dredging agreement for the Boynton Beach Boat Club Park Navigation Access Channel but rather an agreement for combining permitting, construction and management efforts for the CITY'S maintenance dredging event in the channel with the COUNTY's performance maintenance dredging at its facilities. 3. The Proiect. The Project shall be part of the COUNTY'S maimenance dredging of the South Lake :Worth Inlet Interior Sand Trap and includes, on behalf of the CITY, seeking permits, resetting three (3) buoys and maintenance dredging o f approximately 1645 cubic yards of sand from the Boynton Beach Boat Club Park Navigation Access Channel and placement of that material on the beach as shown on a:post construction and monitoring survey, attached as Attachment "B" and incorporated herein by reference. 4. The Term. The term ofthis Agreement shall be from the date ftrst written above and shall terminate in 3 years. The Agreement term may be extended upon mutual agreement of both parties. 5. Obligations of the COUNTY. a. The COUNTY shall include the Project as part of its permit application process, construction and construction management efforts along with the COUNTY' S maintenance dredging of COUNTY'S facilities. b. The COUNTY shall utilize the construction contract awarded by the COUNTY for maintenance dredging of Boynton Beach Boat Club Navigation Access Channel. c. The COUNTY shall pay the contractor directly for performance of the Project and the CITY shall reimburse the COUNTY as more fully set forth herein. The COUNTY shall submit a final invoice to the CITY that includes a reference to this Agreement, identification of the Project, the total expenditure, and the amount due and payable by the CITY to the COUNTY. The invoice(s) shall be itemized in sufficient detail for audit and shall be supported by copies o f the corresponding contractor' s invoices; d. conjunction with the Project. e. The COUNTY agrees to perform administrative and technical services in The COUNTY agrees to provide to the CITY within 60 days of project completion, all contractor deliverables, including surveys as they pertain to the CITY' s proportion of all of the tasks completed in association with the work. f. The COUNTY agrees to maintain adequate records to justify all charges and expenses, and costs incurred in performing the Project for three (3) years alatex completion. The CITY shall have access to all books, records and documents as required for purposes o/'inspection or audit during normal business hours. 6. Obligations ofthe CITY. The CITY agrees to paythe COUNTY the unit price costs associated with dredging of the Navigation Access Channel and installing three (3) buoy channel markers and an amount equal to the CITY's proportional share of the mobilization/demobilization, maintenance 0ftraffic, construction related surveys, construction management and Project follow-up expenses. The CITY's proportional share of such expenses shall be calculated by determining the ratio of the CITY's percentage of cubic yards of sand dredged in relation to the total amount of cubic yards of sand dredged by the COUNTY's contractor. 7. Pavmem. a. Invoices received from the COUNTY shall be reviewed and approved by the CITY' s contract monitor or his/her designee, indicating that the expenditures have been made in conformity with the requirements ofthis Agreemerit. CITY agrees to paythe COUNTY's invoices within thirty 00) days following receipt. b. Tbe COUNTY shall submit all invoices for final payment under the terms of this Agreement no later than ninety (90) days after completion of the Project follow-up monitoring. c. The CITY shall compensate the COUNTY for all work performed under the December 7,1999 Interlocal Agreement referenced above that has not been paid for as of the effective date of this Agreement in accordance with the provisions of this Agreement. g. Re_mavment. The COUNTY shall use its best efforts to assist in the recovery of any improper expenditures paid to the contractor, including those disco vered after the expiration or termination ofthis Agreement. The COUNTY and the CITY agree that the CITY shall fully participate in all Project close-out procedures under the Contract. In the event of an improper expenditure between the COUNTY and the contractor, nothing contained herein shall act as a limitation of the CITY' s right to be repaid, as a waiver of any rights of the CITY, or as precluding the CITY from pursuing any other remedy against the contractor which may be available to it under law or equity. 9. ln~pendentConlraetor. The CITY recognizes that it is an independent contractor and not an agent or servant of the COUNTY. No person employed by any party to this Agreement shall, in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall an employee claim any fight in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation o flaw, except through and against the entity by whom they are employed. 10. Indemnification. The CITY agrees to protect, defend, reimburse, indemnify and hold the COUNTY, its agents, employees and elected officers, and each of them free and harmless at all times from and against any and all suits, actions, legal or administrative proem, claims, demands, liabilities, interest, attomey's fees, costs and expenses of whatsoever kind or nature whether arising in any manner directly or indirectly caused, occasioned or contributed to in whole or in part, by reason of any act, omission or fault whether active or passive of the CITY, or anyone acting under its direction or control, or on its behalf in connection with or incident to the performance of this Agreement. The CITY'S aforesaid indemnity and hold hamaless obligations, or portions or applications thereof, shall apply to the fullest extent pemai~ by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the COUNTY, its respective agents, servants, employees or om~s, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. 11. Marine Contractor. The COUNTY shall engage the services ora licensed marine contractor to perform the Project. As a condition to that contractual relationship, the marine conwactor shall maintain in force all insurance of the types and in the amounts required by law and in the COUNTY's bid and/or contract documents. The CITY shall be named as an additional insured (at its own · expense, if any additional expense is required) on all such policies of insurance except for the Worker's Compensation Insurance. 12. Party Representatives. The COUNTY's representative during the term ofthis contract shall be Richard E. Walesky, whose telephone is (561) 233-2400. The CITY' s representative during the term of this contract shall be John Wildner whose telephone number is (561) 742-6226. 13. tO: Board of County Commissioners of Palm Beach County Governmental Center 301 N. Olive Avenue West palm Beach, FL 33401 and Palm Beach County Department of Environmental Resources Management 3323 Belvedere Road, Building 502 West Palm Beach, FL 33406-1548 with a copy to: County Attorney Palm Beach County P.O. Box 1989 West Palm Beach, FL 33401-1989 Notices. All notices required under this contract shall be forwarded, in writing, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl. 33435 with a copy to: City Attorney City of Boynton Beach 100 E. Boymon Beach Blvd. Boynton Beach, FI. 33435 14. Waiver of Breach and Opportunity to Cure. It is hereby agreed to by the parties that no waiver of breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach ofthe same or any other covenant. The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, the party not in default shall provide to the defaulting party thirty (30) days writtennotice before exercising any of its rights. 15. Entirety of Agreement. The COUNTY and the CITY concur that this Agreement, together with any exhibits attached hereto, sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms or obligations in this Agreement may be added to, moditied, superseded, or otherwise altered, except by written instrument executed by llae parties hereto. 16. Funding. The COUNTY'S performance and obligation under this contract is contingent upon annual appropriation for its purpose by the Board of County Commissioners. 17. EnforcementCost~.. Except as otherwise provided herein, anycostsorexpenses (including reasonable attorney' s fees) ass~iated with the enforcement ofthe terms and/or conditions of this Agreement shall be borne by the respective parties. This provision permin.q oulyto the parties to the Agreement. 18. Equal Oppommitv. The COUNTY and the CITY agree that no person shall, onthe grounds of race, color, sex, national origin, disability, religion, ancestry, marital stares, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under, any activity carded out by the performance of the Agreement. 19. Severabilitv. In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and at the same shall remain in full force and effect. 20. Termination. Either pany mayterminate this contract, withorwithoutcause, by giving thirty (30) days prior written notice. IN WITNESS WHEREOF, the County of Palm Beach, Florida has caused this Agreement to be signed by the Chair of the Board of County Commissioners and the Seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board, and the City of Boynton Beach has caused this Agreement to be signed in its corporate name by its Mayor and its corporate seal to be affixed hereto, attested by its City Clerk, the date and year first above writter~ ATTEST: PALM BEACH COUNTY, FLORIDA, BY DOROTHY H. WILKEN, CLERK ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk (SEAL) Warren H. Newell, Chairman ATTEST: CITY OF BOYNTON BEACH By:. By: City Clerk (Sr,,~) Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: By: County Attorney City Attorney VI,-CONSENT AGENDA ITEM C.3 RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDERS NOS. 1 - 4 FOR REPUBLIC CONSTRUCTION FOR THE EZELL HESTER PARK BREEZEWAY PROJECT (BID #025-2711-01/CJD) IN THE AMOUNT OF $15,560.85; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve Change Orders 1 - 4 for Republic Construction for the Ezell Hester Park Breezeway Project; NOW, THEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACII, FLORIDA, TItAT: Section 1. The City Commission of the City of Boymon Beach, Florida does hereby authorize and direct the Mayor and City Clerk to approve and execute Change Orders No. 1- 4 with Republic Construction in the mount of $15,560.85 for the Ezell Hester Park Breezeway Project. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk ~ah_esoXagreemcnts\Change Orders 1-4 Republic Construction Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 VT.-CONSENT AGENDA ITEM ¢,3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in ro City Clerk's Office July 5, 2001 (5:00p.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 M~q~be T.~)~ in to Ci~ Cl~k~.Offi~ ~ Sepmmber 5, 2001 (5:00 p.m.) ~ September20, 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: MOTION to approve CHANGE ORDERS NOS. 1 - 4 to REPUBLIC CONSTRUCTION for the EZELL HESTER PARK BREEZEWAY PROJECT (BID#025-2711-01/CJD) in the total amount of $15,560.85. EXPLANATION: The Ezell Hester Park Breezeway Project change orders are detailed below: Original Contract Amount $ 315,000.00 Change Order #1 1,870.00 Change Order #2 3,285.00 Change Order #3 2,586.45 Change Order g4 7,819.40 Total Change Orders $ 15,560.85 Extend footer/aluminum handrails for north side of ramp Extend flashing/drip edge/additional lobby roof support/change door/change ceiling framing to deck. Upgrade VCT flooring to rubber sheet flooring Additional exit lighting/overflow roof drains and down spout paint exposed roof support steel/upgrade ceiling insulation Revised Contract Amount $ 330,560.85 PROGRAM IMPACT: This project will allow us to meet public demand for additional program space, provide additional storage and office area, relocate the existing wheelchair ramp and ensure ADA compliance. FISCAL IMPACT: The Ezell Hester Park Breezeway Project is funded as follows: Account Description Account Number Building Improvements 105-3248-513-62-01 Reserve/Building Improvements 001-0000-247-02-47 Totals Deputy Director of Financial S~ices Amount $200,000.00 1~0,560.85 City lV~'anager's Signature Procurement Services Department Name S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC City At~/Finance / Human Resourc DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-151 TO: Bm Atkins, Assistant Director FROM: Bill DeBeck, Project Manager DATE: August 14, 2001 Hester Park Breezewa~ PO No. 011846 Chan~e Order # 1 RECEIVED Please issue a Purchase Order Amendment to the subject PO with Republic Construction Co. in the amount of $1870.00. The purpose of this Change Order is to modify and extend footer for the north side of ramp per RFI No. 2 and to modify the aluminum handrails for the ramp extensions per RFI No. 1. There is also a time extension of 10 calendar days for this Change Order. Recreation has approved this action and the pricing is considered fair and reasonable for the work. Attached hereto is the fully execmed Change Order form signed by the contractor, Recreation and the ~ Consultant. '~ -' If you have any questions please contact Clem Bucher, Contract Administrator, ext. 6491. Attachment BDB/slr File Paul Fleming Wally Majors Clem Bucher S:~ngin~xingkEngin~'ring DeW~ Memorandum.doc CHANGE ORDER FOR CHANGE PROPOSAL # PROJECT: Hester Park Breezeway 1901 N. Seacrest Boynton Beach, FL Distribution to: OWNER x ARCHITECT x CONTRACTOR x FIELD OTHER (City Clerk) x CHANGE ORDER~k;K: # 1 INITIATION DATE: June 6, 2001 TO: Republic Construction Co. 1300 Park of Commerce Suite 152 Delray Beach, FL 33445 ARCHITECT'S PROJECT NO: CONTRACT FOR: CONTRACT DATE: Hester Park Jan. 18, 2001 You are directed to make the following changes in this Contract: Modify and extend footer for north side of ramp per RFI # 2. Modify aluminum handrails for ramp extensions per R.FI # 1. Not valid unul signed by both thc Ownm' and Atchiia~[ S ignatur~ of thc Contractor in.d~_¢~_;~ his am~-ment herewith, including, any adh,~raent in thc Conuact Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was... $ Net change by previously authorized Change Orders... $ The (Contract Stun) (Guaranteed Maximum Cost) prior to this Change Order was... $ The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) by this Change Order .... $ The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order... $ The Contract Time will be (increased) (decreased) (unchanged) by... ten The Date of Substantial Completion as of the date of this Change Order therefore is Sept. l, 2001 315,000 0 315,000 1,870.00v' (10) Days. Authorized: ENGINEER CONTRACTOR PBS & J Republic Construction 3222 Commerce Place 1300 Park of Commerce Suite A suite iD2 West Palm Beach, F1 Delray Beach, Fi DATE ~ ..//_~fv DATE ff. -?~.,g nO/ OWNER City of Parks & Boynton Recreation Boynton Beach, FI / / 7-? DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-172 TO: Bill Atkins, Assistant Director Finance/Procurement agent &EP ! 0 2ool FROM: DATE: Bill DeBeck, Project Manager September 6, 2001 Hester Park Breezeway Project Chanse Orders 2 and 3 (PO 011846) You are requested to amend the subject PO to. provide for Change Orders 2 and 3 as follows: Change Order No. 1 previously approved. Change Order No. 2: Consists of miscellaneous changes to extend flashing and drip edge on south roof (Per RFI #7); revise location and framing of door (RFI# 7); add additional support to lobby roof (RFI# 4); change door 105 single 3'0" X 7' 0"; change ceiling framing to deck (RFI # 7). Amount: $3285.00 Time Extension: 5 calendar days Reason for Change: Field conditions/User request and design clarification Change Order No. 3: Consists of upgrade all new VCT flooring to specified rubber sheet flooring Amount: $$2586.45 Time Extension: 5 calendar days Reason for Change: User Request These changes have been approved by the Recreation Department (see Signature on change orders) and have been negotiated with the contractor with resulting prices considered fair and reasonable. Account Number: 105-3248-513-62-01 If you need any further information, please contact Clem Bucher, Contract Administrator, at ext. 6491. Attachments CC: File Paul Fleming Wally Majors Clem Bucher S:~Engineering~Engineering Dept. Memorandum.doc CHANGE ORDER FOR CHANGE PROPOSAL # 2 PROJECT: Ezell Hester Park Breezeway TO Republic Construction 1300 Park of Commerce Suite 152 Delray Beach, Fl 33445 CONTRACT FOR: Distribution to: OWNER X ARCHITECT X CONTRACTOR X FIELD X OTHER CHANGE ORDER NUMBER: # 2 INITIATION DATE: July 20, 2001 CONTRACT DATE: January 18, 2001 You are directed t° make the following changes in this Contract: 1. Extend Flashing and Drip Edge on South Roof (RFI # 7) 2. Revise location and Framing of door (RFI # 7) 3. Add additional support to Lobby Roof (RFI # 4) 4. Change door 105 single 3'0" X 7'0" 5. Change ceiling Framing to Deck (RFI # 7) Not valid until signed by both the Owner and Architect. Simaature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. Thc original (Contract Sum') (Guaranteed MaXimum Cost) was... ~ Net change by previously authorized Change Orders... The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order wa~'.:. The (Contract Sum) (Guaranteed M.a.x.~mum Cost) will be (increased) ~) by this Change Order .... The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Ofd~r... The Contract Time will be (increased)~.~-~/t~ ....... ~ ~-~-~~ .... ~ .... ~ ~:hv The Date of Substantial Completion as of the date of this Change Order therefore is 315,000.00 t.870.00 3t6,870.00 3,285.00 ;}20,155.00 rove (s) nAYS SEPTEMBER 6, 2001. ENGINEER CONTRACTOR OWNER P.B.S. & J. Republic Construction City of Boynton 3222 Commerce Place 1300 Park of Commerce 100 E. Boynton Bch.Blvd. Suite A Suite 152 P.O. Box 310 West Palm Beach, F1 Delray Beach,F1 Boynton Bch.,Fl 33425 3340~-~ . /7 / 3344D DATE ~ 7/~'~0/~/~ DATE AL& DOCUMENT G70 I-CHANGE OR-DER-APRIL 1978 EDITION-AIA-c 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W. WASHINGTON D.C. 200006 G701-1978 CHANGE ORDER FOR CHANGE PROPOSAL # 2 Distribution to: OWNER ARCHITECT CONTRACTOR FIELD OTHER X X PROJECT: Ezell Hester Park Breezeway TO Republic Construction 1300 Park of Commerce Suite 152 Delray Beach, Fl 33445 INITIATION DATE: July 20, 2001 CONTRACT FOR: CONTRACT DATE: You are directed to make the following changes in this Contract: 1. Extend Flashing and Drip Edge on South Roof (P.FI # 7) 2. Revise location and Framing of door (RFI # 7) 3. Add additional support to Lobby Roof (RFI # 4) 4. Change door 105 single 3'0" X 7'0" 5. Change ceiling Framing to Deck (RFI # 7) January 18, 2001 Not valid until signed by both the Owner and Architect. Signature of the Contractor ind,_'eato$ his agreement herewith, includine any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was... Net change by previously authorized Change Orders... The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order wa~'.:. The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decrea:e~) by this Change Order .... '"' The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Or'd~r... The Contract Time will be (increased) (dzcreaze~),~-.-..~-~ ~ .... *' .... ~ vjhv The Date of Substantial Completion as of the date of this Change Order therefore is 315,000,00 3,285.00 320.155.00 F~V~ (S) I~YS SEPTEMBER 6, 2001. ENGINEER P.B.S. & J. 3222 Commerce Place Suite A West Palm Beach, F1 CONTRACTOR Republic Construction 1300 Park of Commerce Suite 152 Delray Beach ,Fl 3340~ . /q / 3344D DATE ~'"'- '~7/~.. ~/0 (/z' DATE i'"'- ~- ~'"~.~ OV~Nq~R City of Boynton 100 E. Boynton Bch.Blvd. P.O. Box 310 Boynton Bch.,F£ 33425 AIA DOCUMENT G701-CHANGE ORDER-APRIL 1978 EDITION-AIA-~I978 THE AMERICAN INSTITUTE OF ARCHITECTS,f735 NEW YORK AVENUE, N.W. WASHINGTON D.C. 200006 G701 - 1978 CHANGE ORDER FOR CHANGE PROPOSAL # 3 Distribution to: OWNER X ARCHITECT X CONTRACTOR X FIELD X OTHER PROJECT: HESTER PARK BREEZEWAY TO REPUBLIC CONSTRUCTION 1300 Park of Commerce Suite 152 Deiray Beach, Fl 33445 CHANGE ORDER NUMBER: # 3 INITIATION DATE: July 20, 2001 ARCHITECT'S PROJECT NO: CONTRACT FOR: CONTRACT DATE: January 18, 2001 You are directed to make the following changes in this Contract: Upgrade all new VCT Flooring to specified Rubber Sheet flooring per request of the Recreation Department. Not valid until signed by both the Owner and Architect. Signature of the Contractor indicnten his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was... $ Net change by previously authorized Change Orders... I & 2 $ The (Contract Sum)(Guaranteed Maximum Cost) prior to this Change Order was... $ The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) by this Change Order .... The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order... The Contract Time will be (increased), ........ , ,_~. ..... ~,__) by... FIVE The Date of Substantial Completion as of the date of this Change Order therefore is 315,000.00 5,155.00 320,155.00 $ 2,586.45 $ 322,741.45 (5) Days. SEPTEMBER1L2001 · Authorized: PBS & J ENGINEER 3222 Commerce Place Suite A West Palm Beach, F1 33407 REPUBLIC CONSTRUCTION CONTRACTOR I300 Park of Commerce Suite 152 Delray Beach, F1 33445 DAZE[-,/' ~[~7/t~[ (/'~ ' DATE RECREATION DEPT. OWNER City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, F1 33425-0310 DATE" 'C./' q - -7-o/ DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-173 TO: FROM: Bill Atkins, Assistant Finance Director, Procurement Agent Bill DeBeck, Project Manager ...3~~~r') DATE: September 7, 2001' Hester Park Breezeway' Chan~e Order # 4 (PO 011846) You are requested to include the attached Change Order No. 4 on the next available Commission Agenda £or required additional work on the subject project. Description of Work: 1. Additional Exit lights 2. Add over flow roof drains and down spout 3. Paint all exposed roof support steel 4. Upgrade all ceiling insulation Reason for the Change: Item 1 was a Building Dept requirement and Items 2 thru 4 are all necessary due to fiel'~"'x conditions for an improved facility. Amount of the Change Order: The amount of $7819.40 has been negotiated with the General Contractor, Republic Construction Co., for this change order and is considered fair and reasonable for the work involved. Schedule Impact: A time extension of 5 calendar days has been agreed to as necessary for this Change Order. Previous Change Orders: Change Orders 1 thru 3 have been previously approved in the tOtal amount of $7741.45. Account number: 105-3248-513-62-01 This Change Order No. 4 has been approved by the Recreation Dept, Wally Majors, Director. If you have any questions please contact Clem Bucher, Contract Administrator, ext. 6491. BDB/slr Attachment cc: File Wally Majors Paul Fleming Dale Sugerman Clem Bucher S:kEngineeringhEngineering Dept. Memorandum.doc TO: FROM: DATE: SUBJECT: RECREATION DEPARTMENT MEMORANDUM NO. 01-67 Bill DeBeck, Project Manager Wally Majors, Recreation Directori~"~/ September 10, 2001 Change Order g4- Hester Park Breezeway 8EP 1 0 2uOl CONSTRUCTION SERVICES DIVISION I have reviewed and approve change order g4 to the Hester Park Breezeway Project, which you provided to me today. Vv~V[: sc ,CHANGE ORDER FOR CHANGE PROPOSAL # 4 Distribution to: OWNER X ARCHITECT X CONTRACTOR X FIELD X OTHER PROJECT: HESTER PARK BREEZEWAY TO REPUBLIC CONSTRUCTION 1300 Park of Commerce Suite 152 Delray Beach, Fl 33445 CHANGE ORDER NUMBER: INITIATION DATE: July 31, 2001 ARCHITECT'S PROJECT NO: CONTRACT FOR: CONTRACT DATE: January 18, 2001 #4 You are directed to make the following changes in this Contract: 1. Additional Exit Lights 2. Add Over Flow Roof Drains and Down Spout 3. Paint all Exposed Roof Support Steel 4. Upgrade All Ceiling Insulation Not valid until signed by both the Owner and Architect. Signature of thc Contractor ind,_'o~toq his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was... $ Net change by previously authorized Change Orders...l - 2 - 3 $ The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was... $ The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) by this Change Order .... The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order... The Contract Time will be (increased) ~ ~ ......... / ~ ....,,~) by... FIVE The Date of Substantial Completion as of the date of this Change Order therefore is 315,000.00 7,741.45 322,741.45 $ 7,819.40 $ 330,560.85 (5) Days. SEPTEMBER16,200!. Authorized: PBS &J ENGINEER 3222 Commerce Place Suite A West Palm Beach, F1 Delray Beach, F1 33407 33445 REPUBLIC CONSTRUCTION CONTRACTOR 1300 Park of Commerce Suite '152 RECREATION DEPT. OWNER City Of Boynton Beach 1 O0 E. Bovnton Bch. Blvd. Boynton Bch, F1 33425-0310 BY ~ BY DATE t~- 2:J' ' ~:?./ DATE Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 2l, 2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM C.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.) August 22, 2001 (5:00 p.rrr) 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: EXPLANATION: PROGRAM IMPACT: Ratify the action of the South Central Regional Wastewater Treatment & Disposal Board. On September 19~ 200Z~ the South Central Regional Wastewater Treatment & Disposal Board held a Special Meeting. At that Ume, the Board took action on items that are now before the City Commission for ratification. This City Commission ratification is the confirmaUon process for the action taken by the S.C.R.W.T.D. Board. FISCAL IMPACT: ALTERNATIVES: Department Head's Signature City Clerk's Office Department Name Ot~'Manager's Signature City Attorney / Finance / Human Resources bg \\CH\t4AIN\SHRDATA\CC~WP\CCAGENDAV~genda Request IVlemos~Agenda Item Request Form for SCRWTD 091901.dot SSBULLET1N'xFORbtS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTIONS TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ON SEPTEMBER 19, 2001, AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID RATIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Special Meeting of September 19, 2001, as set forth in the attached Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby ratify the actions taken by the South Central Regional Wastewater Treatment & Disposal Board on September 19, 2001, as set forth in the attached Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this __ day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk s:ca~ResoXSCRWTD -091901 Meeting EXHIBIT "A" 1. >end $36,000 on an emergency basis from repair & generator .radiator cores; ~ Utilities in year 2001-02 Board Attorney; 3. Authorization to enter into Contract with Widell, Inc., in the amount of $1,805,00 for construction of Sludge Dewatering Project; 4. Authorization to expend an additional $428,950 from repair & replacement fund to supplement the $1.8 million appropriated in 2000/01 budget to cover construction contract costs and' other ass°ciated costs to complete the Sludge Dewatering Project; 5. Authorization for acceptance of a revised 2001/2002 Organizational Chart BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-mail: scrv~v~p@ ix.netcom.com MEMORANDUM TO: FROM: DATE: RE: Janet Pranito CITY OF BOYNTON BEACH Mary Ann Shumilla ~"~ ~ September 21, 2001 RATIFICATIONS FOR SIGNATURE Attached are Ratifications from the Speciall Meeting of September 19, 2001 which require signatures. Would you place these on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratifications are executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF SEPTEMBER 19, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on September 19, 2001, by a vote of $-0, approve AUTHORIZATION TO EXPEND $36,000 ON AN EMERGENCY BASIS FROM REPAIR & REPLACEMENT FUND TO REPLACE BOTH EMERGENCY GENERATOR RADIATOR CORES. RADIATOR CORES ARE (10) YEARS OLD DUE TO cORRoSIVE ATMOSPHERE LEAKS HAVE DEVELOPED IN CORE ~G REQUIRING COSTLY' REPAIRS. NEW iCORE MATERIAL UPGRADED THUS REDUCING REPAIRSi DURING FPL POWER OUTAGES, THESE RADIATORS MUST BE IN SERVICE FOR GENERATORS TO OPERATE. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF SEPTEMBER 19, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on September 19, 2001, by a vote of 8-0, approve AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH IN THE AMOUNT OF $47,364 FOR PERFO . YEAR 2001 - 2002 WITH OPTION TO RENEW FOR ADDITIONAL i SUBJECT TO FINAL REVIEW BY BOARD ATTORNEY. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF SEPTEMBER 19, 2001 WHEREAS, the South Ce~ on September 19. CON1 'CONSTRUCTION OF SL posal Board did IZATION TO ENTER INTO ,805~000. FOR by the City 'of Boynton Beach~ and the City NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF SEPTEMBER 19, 2001 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on September 19, 2001, by a Vote of $-0, approve AUTHORIZATION TO EXPEND AN ADDITIONAL $428,950.00 FROM REPAIR & REPLACEMENT FUND TO SUPPLEMENT THE $1,8 MILLION APPROPRIATED IN 2000/2001 BUDGET TO COVER CONSTRUCTION CONTRACT COSTS AND OTHER ASSOCIATED COSTS TO COMPLETE THE SLUDGE DEWATERING PROJECT. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Att est: City Clerk Approved as to form: City Attorney 'IFICATION OF SOUTH CENTRAL REGIONAL BOARD 2001 WH ~uth Cen on d r ~gional Wastewater Treatment and Disposal Board did ! AUTHORIZATION FOR CHART. WHEREAS, said Board action requires ratification by the City of Boy. nton 'Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independentlY. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney Requested City Commission Meetin~ Dates [] July 17.2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM C.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 ~n 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: Approve resolution supporting the authorization of local fire marshals and fire de~ar[n?lltts to enforce applicable fire safety codes and regulations at public school facilities. -- ~."< EXPLANATION: This will ensure that all buildings in the City of Boynton Beach will receive the same leal inspection and enforcement of fire code violations. PROGRAM IMPACT: Authorization will help insure higher levels of fire code enforcement and safety re a~ng public schools in the community. ~ ~c~ FISCAL IMPACT: NONE Department Head's~ignature ALTERNATIVES: Allow the existing law to remain in effect which precludes local fire inspectors or fire marshals from taking enforcement action with regard to uncorrected fire safety violation in communities where the same fire department is tasked to provide fire suppression if the need arises. q~°tOI ~s Si/ggature Department Name aey/~agde / Human Resources S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING F~ S~ETY AUTHORIZING DEPARTMENTS SAFETY CODES SCHOOL PROVIDING AN EF LEGISLATION FIRE FIRE WHEREAS, present state law mandates that local jurisdictions perform fire safety inspections at public school facilities, but allows fire inspectors and fire marshals to merely make recommendations or file reports in the event that applicable fire code violations and]or safety hazards are discovered; and WHEREAS, Florida law currently precludes local fire inspectors or fire marshals from taking enforcement action with regard to uncorrected fire safety code violations at public schools; and WHEREAS, School Boards in Florida have exercised sole and exclusion authority over compliance with safety codes at public school facilities for many years; and WHEREAS, many public school facilities throughout the State of Florida were allowed to fall into severe conditions of disrepair, and at literally hundreds of public school facilities, applicable fire safety code violations and hazardous conditions were ignored year after year despite school authorities' knowledge of the conditions and of the need for corrective action; and WHEREAS, the present state system of laws and regulations pertaining to fire safety at public school facilities has failed to provide for an adequate level of safety, accountability, or credibility pertaining to the crucial issue of protecting lives and property at such facilities; and WHEREAS, fire marshals and fire inspectors have authority to require compliance with and enforce the provisions of applicable fire safety codes in all buildings and at all facilities with the exception of public school facilities which house children, teachers and staff; such facilities are occupied by invaluable lives and publicly owned property that should be properly protected against risk of needless tragedy, loss and disaster; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the municipality of Boynton Beach, by and through its City Cornmisson, formally endorses proposed fire safety reform legislation to be considered by the Florida Legislature in 2002 that would enable and authorize local fire marshals and fire inspectors to enforce compliance with applicable fire safety codes at public school facilities. Section 2. That the City Clerk is hereby directed to forward a copy of this Resolution upon passage to all members of the Florida Legislature and the Governor of Florida, urging them to enact amendments to state law that would provide for safety and accountability at all public school facilities. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca~,eso~upport for legislation for f~ safety codes092401 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR ,. 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 Dates [] September 19, 2001 [] October 2,2001 [] October 16, 2001 [] November 6, 2001 VI.-CONSENT AGENDA ITEM D.1 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 [] 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 October 2, 2001 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote recommended that the subject request be approved. There are no conditions of approval recommended bystaff. For further details pertaining to this request see attached Department of Development Memorandum No. P Z 01-181. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: SHOWCASE CONTRACTORS Vince Zabik Showcase Realty & Contracting, Inc. 201 SE 24 Avenue Request relief from Land Development Regulations Chapter 2, Zoning, Section 5.C.2.a., to allow a single family house on a sixty (60) foot wide lot in lieu of the minimum seventy-five (75) feet of frontage required by code in a R-l-AA zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Z~I N/A D evelop~t4D e~e~t~Di~ector City Manager's Signature Planning & Zoning DiVe'or City Attorney / Finance / Human Resources s APIanningXSHAKED\WPXPROJECTS~SHOWCASE CONTRACTORSXAgenda Item Request Showcase Contractors 10-2-01 .dot S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #01-181 -Staff Report Planning and Development Board and City CommissiOn Meeting Date: September 24, 2001 File No: ZNCV 01-020 - Lot frontage Location: Lot 23, High Point Subdivision Owner: Showcase Realty & Contracting, inc. Project: New single-family home. Variance Request: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, to allow a single-family house on a sixty (60) foot wide lot in lieu of the minimum of seventy-five (75) foot frontage required by code in a R-l-AA zoning district. BACKGROUND The subject vacant property and nearby neighborhood is currently zoned R-l-AA, single family residential, and mostly developed. The applicant desires to develop the property for a single- family residence (see Exhibit "A" - Location Map). The approved plat of High Point Subdivision, as recorded in 1952, shows the original lots being either seventy-five (75) feet wide or sixty (60) feet wide (see Exhibit "B" - High Point Subdivision). In 1975 the City adopted new zoning regulations which caused many parcels to become legally non-conforming, including those lots platted within the High Point Subdivision at sixty (60) feet wide. The current regulations require that a conforming lot contain a minimum of seventy-fiVe (75) feet of frontage and 8,000 square- feet of lot area in the R-l-AA zoning district. The subject parcel, lot 23, is sixty (60) feet wide. The applicant is proposing to relocate a built single-family structure on the subject lot. The structure to be transported is made of wood, is sixteen (16) feet in height, and will be placed in compliance with the setback requirements for_. the R-l-AA zoning district (see Exhibit "C" - survey). No property can be acquired to make the subject D~rcel conforming as noted in the following description. The following is a description of the zoning districts and land uses of properties that surround the subject property: North: An office building zoned C-2, Neighborhood Commercial; South: Single-family home zoned R-l-AA; East: Single-family home zoned R-l-AA; arid West: SE Ist Street right-of-way and farther west a single-family home zoned R-l-AA. Page 2 File No. ZNCV 01-181 ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: 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. Co That granting the variance requested would not confer on the applicant any special privilege 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/and, 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 invoJved or otherwise detrimental to the public welfare. Staff has conducted this analysis using the above criteria, which require that the request not be based on actions taken by the applicant; not deprive the applicant of rights and privileges already enjoyed by other properties in the same zoning district; be in harmony with the general intent and purpose of City regulations, and not be detrimental nor injurious to the area and public welfare. According to the applicant's response to the above criteria, as contained in Exhibit "C", other property owners in the neighborhood have been granted relief from the minimum lot size requirements. Staff verified on site that the majority of the development has been built including those lots with sixty (60) feet of frontage. The applicant feels that he is also entitled to the same privilege. Indeed, staff researched City records and found that nine (9) properties within the High Point Subdivision have been the subject of variance approvals since 1964, including four (4) of them for lot frontage, Therefore, staff concurs with the applicant that the granting of this variance will not confer any special privileges to the applicant. Furthermore, staff concurs with the applicant that the subject parcel includes special conditions and circumstances re [ated to the lot frontage are not the result of actions from the a pl31icant, therefore satisfying criteria "a" and "b" above. Page 3 File No. ZNCV 01-181 The applicant has also stated that the requested variance would allow development of a parcel which size is consistent with other existing houses in the surrounding neighborhood. m nim z ng negative or injurious mpacts to the neighborhood. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, staff acknowledges that the applicant has proven that a hardship condition exists, and that the approval of this request is the minimum that will make possible a reasonable use of the property. Staff has placed special attention to the fact that the subject property is unable to be e~(panded at either Side. The~'efore, Staff recommends that the requested variance be approved, thereby granting the relief necessary to allow the development of the subjectparcel by the relocation of a single-family home on a non- conforming lot with sixty (60) feet frontage in lieu of the seventy-five (75) feet required by code. No cond tions of approval are recommended; however, any conditions of aPproval recommended by the Community Redevelopment Agency Board or City COmmissiOn will be placed in Exhibit "E" MR/ad S:~Planning~SHARED\W~PROJECTS\SHOWCASE CONTRACTORS\STAFF REPORT.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lot 23, High Point Subdivision APPLICANT'S AGENT: Showcase Contractors, Inc. APPLICANT'S ADDRESS: 505 NE 3~d Street, Delray Beach, FL 33483 DATE OF CITY COMMISSION PUBLIC HEARING: October 2, 2001 TYPE OF RELIEF SOUGHT: Lot frontage LOCATION OF PROPERTY: NE corner of SE 1st Street and SE 24th Avenue DRAWING(S): SEE EXHIBITS "A", "B". and "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 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. 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 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:. S:'~PLANNING\SHAR. ED\WFAPROJECTS~SHOWCASE CONTRACTORS\DEVELOPMENT ORDER.DOC LOCATION MAP Showcase Realty Property EXHIBIT "A" PM ~0 I/8 ......... '0400,'E, 00 FEET, 250' LOT 4 EASEMENT FOR F(~JND ; PtSUC ~S ROD CAP jl-F'-2102 - A,~PP~.O...~... TE LOCAIIOi, BOYNTOV ~4¢ 0.7 FAST FENCE DRIVE 17.0' PROPO~ CARF'ORT 26.0' -WEST EDOE / 1ZO' +~.2 LOT 25 VACANT 26.0' 60.0' "- FCX. It, D 5/8' RON RO0 ' 14~TH CAP//F-2t02 LOCATION OF SEWER LIVE EXHIBIT "D'; Variance Statement for Showcase Realty and Contracting Inc. A. The original plat for the area was that all the lots were sixty feet wide. The home being placed on the lot conforms to all the other homes in the are~ and meets all the setback requirements. B. The rezOning of the area to R1AA makes all the sixty-foot lots unbuildable. C. By granting the variance, this will finish one of the last remaining lots in the area and the city will not have to make any concessions or any special exceptions that would make this lot any different than any of the other lots. D. The variance will not deprive either the homeowner or the neighbors in any way. E. The granting of the variance is the only way to get any use of the land. There is no property available on either side, which could be purchased to bring this property to seventy-five' feet. F. The granting of the variance will allow the last remaining vacant lot in the area to conform to all the other existing homes with the original intent, usage and purpose. Sincerely 505 N.E. 3rd Street · Delray Beach, Florida 33483 Phone: 561-272-7599 o Fax: 561-272-3519 Certified General Contractor CGC 051903 EXHIBIT "E" Conditions of Approval Project name: Lot 23, High Point ~Subdivision File number: ZNCV 01-020 (lot frontage) Reference: Zoning Code Variance Application dated August 22, 2001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS m Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE CommentS: NONE X ENGINEERING DIVISION Comments: NONE X BUll.DING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTAl.IST 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. mWR//pat S:\PLANNING'~SHARED\WP~ROJECTS~SHOWCASE CONTRACTORS~CONDITIONS OF APPROVAL ZONING CODE VARIANCE.DOC ~ ~ I 0 7 i 133HIS IS~ '3'S Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 VI.-CONSENT AGEN DA ITEM 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 (5:00p.m.) August 8, 2001 (5:00 p.m.) 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 [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the October 2, 2001 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote recommended that the subject request be approved subject to all staff comments. For further details pertaining to this request see attached Department Development Memorandum No. PZ 01-187. of EXPLPaNATION: PROJECT NAME: AGENT: O R: L~C~A ~ION: DESCRIPTION: PROGRAM IMPACT: CASTANEDA MEDICAL BUILDING Kres Mihelich Jose Castaneda 250 SE 23~a Avenue Request site plan approval to construct a 4,800 square-foot medical office building on a 0.52-acre parcel. N/A FISCAL IMPACT: N/A Developlzlrent' b e~ ar truest 15ire~'[or City Manager'sXSignature Planning & Zoning I~e~-~r City Attorney / Finance / Human Resources SSPIanningXSHARED\WPXPROJECTS\Castaneda Med. Bldg., High Point LLC\Agenda Item Request Castaneda Medical Bldg 10-2-01.dot S:x~BULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-187 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION September 18, 2001 DESCRIPTION OF PROJECT Project Name/No.: Castaneda Medical Building/NWSP 01-009 Property Owner: Dr. Jose Castaneda, High Point LLC Applicant/Agent: Kres Mihelich Location: 250 SE 23rd Avenue Land Use/Zoning: Local Retail Commercial/C-2 (Neighborhood Commercial District) Type of Use: Medical offices Project size: Site Area: 0.52 acres (22,919 square ~et) Building Area: 4,992 square feet Adjacent Uses: (see Exhibit "A"- Location Map) North - S.E. 23~ Avenue, and farther north Circle K, convenience store building, zoned C-2; South S.E. 24th Avenue, and farther south a duplex residential development, zoned R-2; East S.E. 2nd Street, and farther east the Florida East Coast Railway and a vacant undeveloped parcel, zoned C-2; and West Southwest is a single-family residential development, zoned R1-AA, and to the Northwest, a single-family residential dwelling, zoned C-1. Site Characteristics:The site is a vacant, fiat, triangular-shaped lot, overgrown with grasses but containing no other vegetation of any significance. Proposal: The developer proposes to construct a one (1) story, 4,992 square foot medical office building located on a 0.52-acre lot (see Exhibit "B' - Proposed Site Plan). The proposed building height is sixteen feet (16'-0"), which is below the 25-foot maximum allowed in the C-2 zoning district. Concurrency: a. Traffic- 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. b. Drainage - 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 Page 2 Castaneda Medical Building - Site Plan Review Staff Report Memorandum No. PZ 01-187 Driveways: Parking Facility:. Landscaping: Building and Site: Community Design: Signage: review, when more complete engineering documents are required. On-site traffic circulation will consist of two (2), new driveway entrances providing ingress and egress from S.E. 2nd Street and S.E. 23~d Avenue. The first entrance along S.E. 23rd Avenue is 26 feet wide and provides access to the parking area located to the north of the building. This northern driveway is proposed at approximately 50 feet from an intersection. As this driveway is proposed along a roadway classified greater than a local street, it must be separated from an intersection by not less than 180 feet. Therefore, the comments require the relocation or elimination of the driveway. The second entrance is 20 feet wide and is located along the eastern property line (S.E. 2® Street). A two-way drive aisle provides access to proposed parking areas at the southern portion of the site. A total of 24 spaces are required for the proposed use based on 4,800 gross square feet of office using the ratio of one (1) space per 200 square feet of medical office use. The number of parking spaces provided equals 24 including one (1) space designated for handicap use. Twenty (20) of the proposed parking spaces are located at the southem portion of the site. The remaining four (4) are adjacent to S.E. 23rd Avenue. All spaces, except handicap spaces will be dimensioned nine feet by eighteen feet (9' x 18'). The landscaping of the site will fully meet code requirements when staff comments are incorporated. The foundation plantings around the building are extensive, exceed code requirements and further enhance the site. The development will be provided with the required amount of perimeter and internal landscaping as required in the Land Development Regulations, Chapter 7.5 Article il. However, the applicant will provide the required six (6) foot masonry wall at the southwest portion of the site to separate the office use from the adjacent single-family zoning district. Building and site regulations will be fully met when staff comments are incorporated into the permit dra~ngs. The proposed Castaneda Medical Building is a simple, contemporary style, rectangular-shaped, one-story structure. The building surface will have stucco walls and will be painted "Champagne" with white doors and recessed windows. The surrounding structures offer a variety of colors ranging from light earth tones to yellow and light shade of gray. However, the architectural design will contrast the predominantly single-family architectural character of the area with the following two (2) exceptions: the fiat roof and absence of Iouvered storm shutters. The proposed front fac,,,ade will have a single door entry with a covered porch facing S.E. 2"d Street and the building height, as proposed, is below the maximum requirement of 25 feet for the C-1 district. The applicant is proposing to have one (1), four (4) foot high, twelve foot and five inches (12'-5") wide monument sign. The sign dimensions conform to the sign code regulations for commercial nonresidential districts. The monument sign will receive color and texture treatments similar to those ofthe building, with cast aluminum lettering. Page 3 Castaneda Medical Building - Site P~an Review Staff Report Memorandum No. PZ 01-187 RECOMMENDATION: Staff recommends that this site plan request be approved, subject to the comments included in Exhibit "C" -Condit'ons of Approva. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be.corrected on the set of plans submitted for building permit. x¢: Central File S:\Planning~,SHARED\WP\PP, OJECTS\Castaneda Medical Building'uNWSP\Staff report NWSP,.O1-009.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Castaneda Medical Building/NWSP 01-009 Kres Mihelich 232 Sandal Lane DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): October 2, 2001 Request approval to construct a 4,800 square-foot medical office on a 0.52-acre parcel. 250 SE 23rd Avenue SEE EXHIBIT "A", "B", and "C" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing onJthe 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 S:\Planning\SHARED\WP\PROJECTS\Castaneda Med. Bldg., High Point LLC\Develop. OrderCastaneda Medical Bldg-NWSP 01-009.doc LOCATION MAP Castaneda Medical Building EXHIBIT "A" REC',, .1 Il:: h! II II I:Ili~ I/8 M LU X Ill I I EXHIBIT "C" Conditions of Approval Project name: Castaneda Medical Building File number: NWSP 01-009 Reference: New Site Plans with a date stamp of August 28, 2001. DEPARTMENTS . - E REJECT PUBLIC WORKS · ' lq ! X Comments: one ' UTILITIES Comments: 1. No utility plan was included with this submittal; therefore the Utilities X Department considers this plan incomplete as submitted. However, since this proposal is located where utility support is available, we are providing' only a cursory revieW on the plan submittal. It is normally required that utility services be shown in order to assure that potential conflict with other utilities and/or landscaping are avoided. Provide the service locations to the respective buildings. 2. Fire flow calculation will be required demonstrating the City Code X requirement imposed by the insurance underwriters, whichever is greater (see CODE Sec. 26-16(a))~ The Fire Department floW test indicates that only 714 g.p.m, is available to the site. It will be required to add another fire hydrant on the six-inch line to get close to the 1,500 g.p.m, requirement. This can be coordinated with the Utilities Department upon submittal of the detailed utilities plan(s). FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 3. Add a note to the Landscape Plan that within the sight triangles there shall X be an unobstructed cross-visibility at a level between 2.5' and 6' above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.). 4. 'Applicant to add note" plug or remove any existing pipe attached to catch X basin to be removed." Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: 5. At time of permit review, provide a completed and executed City unity of X title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified will be required to be submitted to process the form. The property owner that is identified on each deed shall match. 6. At time of permit review, submit signed and sealed working drawings of the X proposed construction. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 7. Submit colored elevations of all sides of the building and sign prior to the Planning X and Development Board meeting. (Ch.4; Sec.7, Par. D.2.). 8. Submit a color sample of all major exterior finishes. Each color sample shall be " X labeled by name, color code and manufacturer. 9. The site plan must contain the designated Official Land Use of the adjacent properties. X 10. Correct site plan label for the road to the south to N.E. 249 Ave. X 11. The parking lot driveway entrance along the northern property line shall be X constructed at least one hundred eight (180) feet from an intersection along collector streets or those of a higher classification. (LDR Chapter 23, Art. 11. H.3.). Move driveway to meet minimum separation requirement, request and receive a variance for the minimum relief necessary to maintain driveway on north side of property, or remove the driveway and related parking spaces (removing parking spaces would either require increasing parking spaces in the rear of project or reduction in building size to offset DEPARTMENTS INCLUDE REJECT .parking reduction).· t t ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONs : ~ Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:LPlanning\SHARED\WPXPROJECTS\Castaneda Med. Bldg., High Point LLC\Conditions of Approval.doc 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 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 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.) 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: Please place this request on the October 2, 2001 City Commission Agenda under Consent Agenda. The Planning and Development Board with a.vote of 3 to 1 recommended that the subject request be approved subject to all staff comments. It should be noted that the limit on outdoor storage, 15%, is per site area rather than building area as indicated within the staff report. This correction was acknowledged by the Planning and Development Board, and subsequent pen-nit and/or related applications should be reviewed accordingly. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-180. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PROGRAM IMPACT: QUANTUM PARK PID Robert Motchkavitz Premier Asset Management, Inc. Quantum Park, PID, Plat 6, Lots 32-38 Request Use Approval to include outdoor storage in the list of permitted uses in Quantum Park PID. N/A FISCAL IMPACT: N/A ALTERNATIVES.~~ N/A Development ]J ep ~t~nen~'D~tre~tlSr City Manager's S~gnamre Plannin~'~& Z~ning ZJ~rector City Attorney / Finance / Human Resources S:XPIanning~SHARED\WPXPROJECTS\Quantum Park PID-Outdoor Storage\USAP 01-002XAgenda Item Request Quantum Park PID 10-2-01 .dot S:~BULLETINAFORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 01-180 TO: Chairman and Members Planning and Development Board FROM: Director of Planning and Zoning DATE: September 7, 2001 SUBJECT: Quantum Park PID-Outdoor Storage (File No. USAP 01-002) Outdoor Storage at approved projects on Lots 32-38, 68A-70, 72, and 73A-76 Quantum Business Center and Premier Asset Management, Inc. NATURE OF REQUEST Mr. Robert J. Motchkavitz, P.E., of Premier Asset Management, Inc. is requesting use approval for outdoor storage for the above-referenced projects within the Quantum Park Planned Industrial Development (see attached location map - Exhibit "A"). The outdoor storage areas are to be placed on the concrete truck service court aprons located against the rear of the industrial buildings. The specific areas are not pre- determined, but rather would be created as requested by individual tenants and placed adjacent to their respective tenant spaces. The total area of all storage spaces created are proposed to be monitored by the owner to ensure compliance with the 15% area cap described below. This request is intended to meet the special needs of future tenants. Chapter 2, Zoning, Section 7(E) ofthe Boynton Beach Land Development Regulations requires that all new uses proposed within a Planned Industrial Development (PID) district be approved by the Planning and Development Board (and City Commission). Furthermore, according to Chapter 2. Zoning, Section 7. E (1), outdoor storage is permitted, if approved 'by the Planning and Development Board subject to a maximum limit of fifteen (15) percent of the total square footage of the building, and adequate screening to preclude exposure to the public. Of course, restrictions such as environmental review approval applicable to certain materials/substances stored within buildings would apply similarly to those items stored within the proposed outdoor areas. In compliance with this section of the Land Development Regulations, the applicant is requesting that the outdoor storage of material be approved for the above-referenced lots/projects, with the commitment to incrementally monitor maximum area allocated for storage (including reporting same to citystaf0, and to fence and screen each storage area. BACKG ROUND Unlike other conventional zoning districts, the zoning code does not set forth specific uses permitted in a PID. Pursuant to Chapter 2 - Zoning, Section 7.E., in a PID, a building and its customary, ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale and retail), educational institution, adult entertainment. (consistent with Section 11.M. of the zoning code) or industrial uses provided that such use or uses is/are approved by the Planning and Development Board. To approve such a use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations, and that the use proposed is consistent with the intent and purposes of the Planned Industrial Development District. In April 2000, the City of Boynton Beach approved a new site plan for Lots 32-38 with a total area of 336,050 square-feet. The project included a total of 63,849 square-feet approved for office use and 272,200 square feet approved for warehouse space. No outdoor storage was included as part of the site plan (see Exhibit "B" - excerpt of site plan). The applicant is proposing spacing the outdoor storage areas along the truck service court aprons, between the truck loading bays, thereby preventing any interference with traffic/truck circulation, solid waste removal, or parking spaces. The applicant is proposing to screen/enclose the individual areas with an eight-foot (8') high, slatted, chain link fence (see Exhibit "C" - typical outdoor storage area). Page 2 Memorandum No. PZ 01-180. ANALYSIS The purpose of the City's performance standards is to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid ,waste discharge, or solid waste accumulation. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 2, Section 4.N of the Land DeveloPment Regulations to evaluate the impact and aPpropriateness of this use within the PID district. 'rhese responses are listed as follows: 1) Noise: No sound will be created which in violation of Section 15-8 of the City Of Boynton Beach Code of Ordinances. 2) Vibrations: No ground vibrations will be generated by the proposed use. 3) Smoke, dust, dirt, or other particular matter: The proposed use will not allow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. 4) Odors and fumes: No objectionable or offensive Odors will be readily perceptible at any point beyond the industrial district. 5) Toxic or noxious matter: The proposed use will not allow any toxic or noxious matter to be discharged in such concentrations as to cause damage to property or vegetation, discomfort or harm to perSons or animals, or prevent the'reasonable use and enjoyment of property or rights-of-way at or beyond the property line or to contaminate any public waters or any groundwater. 6) Fire and Explosion: The proposed use will not create a fire or explosion hazard. 7) Heat, Humidity or Glare: The proposed use will not produce heat, humidity or glare, which is readily perceptible past the property boundary. The lighting will conform to the City of Boynton Beach's standards. 8) 9) Liquid Waste: Any disposition of liquid waste will be in conformance with the provisions of Chapter 28 of the City of Boynton Beach Code of Ordinances or any applicable federal, state or county laws or permits. Solid Waste: Any accumulation or disposal of solid waste will be in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances and will not be transferred to adjacent or nearby property or rights-of-way. 10) Electromagnetic Interference: No electromagnetic radiation or interference .will be created. 11) Hazardous Materials and Hazardous Waste: No hazardous materials or hazardous waste will be created, stored or handled with the proposed use. It is the opinion of staff that storage use, in general, is consistent with the intent and purpose of the PID zoning district, "as this use reflects changes'in land development trends, and furthers the attempt to provide a-desirable environment for industrial developments, while complying with the City's code ~-equirements". However, pursuant to the requirements of Section 7.E(1), it is to be determined at time of Page 3 Memorandum No. PZ 01-180 approval (use apl~roval), that the proposed storage areas would meet the 15% area limit, and would be adequately screened. Although the drawing in Exhibit "C" indicates the "typical" location for each storage space, it does not show the locations of all future storage, areas, nor does it indicate the appearance of the fencing material noteworthy that compliance .wit typica a mixtt ad1 d proximity to pu rridors. It is monitor for: in an Which Je the beer To ensure that the re( uirements are met with requirements comparable drawing, to be ~ shown on compatible with the direct view of 1-95 or Quantum above acce would subsequently and visibility, and to comply with the ~= plan or ge areas enclosure screening be rage areas in screen. The Board., and if herein, Staff limit of 15%. Based on the analysis contained uses within the Quantum Park I Lots 32-38, 68A-70, ' Development Board. Approval approving the subject projects. 1-95 and screening. S~ MR:sb Attachments S:\Planning\SHARED\WP',PROJECTS~.QUANTUM 2000\LOTS 32 - 38~USAP 01-002\Staff Report.doc of permitted ;d projects on the Planning & will include with the in view from iht-foot (8') DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park PID - Outdoor Storage APPLICANT'S AGENT: Robert J. Motchkavitz, P.E. APPLICANT'S ADDRESS: 2100 Park central Boulevard, North / Suite 900 - Pompano Beach, FI DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 2, 2001 TYPE OF RELIEF SOUGHT: Use approval LOCATION OF PROPERTY: Quantum Park PID, Lots 32-38, 68A-70, 72 and 73A-76 DRAWING(S): SEE EXHIBITS "A", "B", AND "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 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 property shall be made in accordance with the terms and conditions of this order. 7. Other DATED': City Clerk SSPlanning\SHARED\WF~PROJECTS\QUANTUM PARK PID-OUTDOOR STORAGEDevelopment Order.doc LOCATION MAP EXHIBIT "A" NOT IN ITl' IK OF COMME I=il PAFIK] ,SI LOTS ~U '0 1/8 MILES X / / ~549695582 PREMIER COMMERCIAL R / / PAGE: 0~ EXHIBIT' EXHIBIT "D" Conditions of Approval Project name: Quantum Park PID - Outdoor Storage File number: USAP 01-002 (Use Approval) Reference: from Robert J. Motchkavitz, dated August 10, 2001. I DEPARTMENTS . : REJECT pUBLIC WoRKs Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None ' X ENGm~EmN6 DW~SION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING 1. Items kept within those outdoor storage areas within direct view from 1-95 X or Quantum Boulevard shall not be stacked to exceed the 8' screen or to be visible from the adjacent corridor. 2. Storage areas shall be screened with fencing/slats with colors identical or to X appear similar to the rear facade of the respective building. ADDITIONAL PLANNING AND DEVELOPMF~NT BOARD CONDITIONS Comments: NONE X INCLUDE DEPARTMENTS · --- ADDITIONAL CITY coMMISSION CONDITIONS ~__ ~ REJECT M~/r~SC . S:\Pianning\SHARED\WP\PROJECTS\QUANTUM PARK PID - OUTDOOR STORAGE condiUons of approval ,doc Requested City Commission Meeting Dates [] July 17,200I [] August 7, 2001 [] August21, 2001 [] September 4, 2001 VI.-CONSENT AGENDA ITEM D.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 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 July 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) AugustS, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) 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: Please place this request on the October 2, 2001 City Commission Agenda under Consent Agenda. The Planning and Development Board with a vote of 3 to 1 recommended that the subject request be approved, Staff continues to recommend that the request be denied; however, if the Commission favors this request, staff recommends that gymnastic centers be conditional uses to allow for the case-by-case review of them when proposed in a M-1 zoning district. Conditional use review would facilitate the thorough review for adequate site capacity and compatibility. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-201. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: GYM2NASTICS CENTERS IN M-1 Marcy Martine N/A City-Wide Request to amend Chapter 2, Zoning, Section 8.A.l.d. (9) to allow gymnastic centers as permitted uses in the M-1 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: .~ I N/A Developn~ E(e~en~ffD~c~r City Manager's Signature Plarming &~Zoning~L('e~or City Attorney / Finance / Human Resources S:~lanning\SHARED\WPXPROJECTS\Gymnasties Centers in M-l( Flip City)h~lip City CDRV/Agenda Item Request Gynmastics Ctrs in M-1 10-2-01.dot S:\BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC TO: THROUGH: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 01-201 Chairman and Members Planning and Development Board Michael W. Rumpfoq(~ Director of Planning and Zoning Maxime Ducoste-Am~d~e Planner k~ September 20, 2001 CODE REVIEW CDRV 01-004 Gymnastics Centers added to the list ofpenrfitted uses in the M-1 zoning district. NATURE OF REQUEST Mrs. Marcy Martine, owner and representative for Flip City Gymnastics, is requesting that gymnastic centers be added to the list of permitted uses in the M-l, Industrial zoning district. Specifically, the applicant is requesting that the code be amended to add a new permitted use to the M-1 zoning district (Chapter 2, Zoning, Section 8. A. 1. d. (9)) to read as follows: "(9). Gymnastic centers." It should be noted that the effects of the subject request, if approved, would be citywide (e.g. all M-1 districts). BACKGROUND The City's Land Development Regulations Chapter 2, Section 8. A. 1., limits the M-1 zoning district to industrial uses; the current list does not include gymnasiums or gymnastic centers. The C-2, Neighborhood Commercial zoning district, Chapter 2 Section 6. B. 1. (hh) permits: "hh. Art or recreational instruction. Also, Section 6. C. 1. (m) and consequently Section 6. D. 1, which correspond to the C-2 and C-3 zoning districts, respectively, permit: "Recreational facilities, including bowling lanes, billiard halls, health clubs, gymnasiums, tennis clubs, golf courses, miniature golf courses, shooting ranges (indoor only), skating rinks, and amusement halls. Recreation facilities other than those which are listed above shall be conditional uses (*). Racetracks, go-cart tracks, and water slides shall be prohibited." in the C-3 zoning district. With respect to standard classification of the subject use, the North American Industrial Classification Page 2 CDRV 01-004 System (NAICS)', identifies "gymnasium" under the fitness and recreational sports centers category (see Exhibit "A"). ANALYSIS The applicant has stated in the letter of request (see Exhibit "B") that: "gymnastic centers require high ceilings (min. 16ft.) and a relatively large amount of square footage (anywhere from 6,000 to 20,000 sq. fi.)". Because of these requirements it is not feasible to operate such a facility in most commercial areas. The ceiling height in mOSt centers is in the 12-14 fl range. So called "big boxes" are prohibitively expensive to either build or lease in commercial areas and would be fiscally impossible to operate as a gymnastic center." Furthermore, in support of this position, the applicant indicated that:" Throughout the state of Florida there are many gymnastic centers operating in industrial zones. Of 83 gymnastic centers polled in Florida, 74 of them are located in industrial zones. These numbers are representative of the gymnastic industry nationwide." Staff understands that indeed economic and market trends evolve 'at a faster pace than zoning regulations and may also lead to inconsistency in regard to the relationship between the:public's welfare and the allowance of such use. Furthermore, staff researched several establishments similar to that of the applicant throughout Palm Beach County to obt~i_n the age group of their clientele. The findings indicated a similarity in age groups (8 to 10 years old) amon~ ~ample. Although this is not surprising fact, the student ages are included to emphasize areas that are typicalIykept separate from the geheral public. For comparative purposes, staff surveyed local governments to obtain their respective regulations on gymnastic centers (see Exhibit "C"). Of the eight (8) jurisdictions considered, two (2) of them including Palm Beach County and the City of West Palm Beach, define gymnastic centers as fitness center ~.r exercise studios and health clubs, and permit gymnastic centers in most of their commercial and industrial districts. The City of Greenacres and the Town of Lake Worth allows them in all commercial districts and classify them as fitness center/exercise studios. The City of Dekay Beach permit~ them in their Resort/Tourism and Community Facilities districts. The Village of Royal Palm Beach regulates them as fitness centers, and the Village of Wellington regulate them under the broader catego~ of Educational -or Institutional services and both jurisdictions allow them in their respective industrial zoning category where such institutions are permitted. And finally, the Town of Jupiter regulates gymnastic centers as indoor recreation and allows them in their general commercial district (C-2) and industrial districts (I-1 and 1-2). Although. all zoning regulations varies among other cities and Palm Beach C, ounty, the general commercial dis~cts described by other codes appears comparable to Boyhton Beach s C-3 zoning district. With r~spect to comparative parking requirements, Chapter 2, Section 11. H. Provision of off-street parking spaces, Sectionl6.(e)(8) requires for gymnasiums and health clubs: one (1)parking space per three hundred (300) square feet of gross floor area. Parking space requirements may be computed separately for floor area occupied by athletic courts, swimming pools, or other principal uses for which parking space requirements are listed in this ordinance. Section ll.16(f) requires one (1) parking space per five hundred (500) square feet of gross floor area for industrial, research and development, trades uses, and one (1)parking space per eight hundred (800) square feet of gross floor area fdr wholesale, and warehouse uses. Page 3 CDRV 01-004 The general inter~t and purpose of the M-1 zOning district is to provide adequate space for more intense commercial and industrial uses. Staff has acknowledged that over time buildings that were designed and approved for less intensive uses to minimize parking obligations, are often subsequently converted to more intense uses that any respectively, more size for the quently, reqUire If the proposed gyrrmastiC center were to be I0 three be used the ] a minimum lot area of were to be 7.5 spaces, l'herefore, the for existing Lastly, the city aside from the PID (Planned Industrial District), has only one industrial zoning district, containing a variety of uses. Although the city prohibits heavy industrial uses such as the manufacturing /processing of cement, fertilizers consolidated into the single M-1 zOning distant separation requirements (from residential (2) or more different industrial zones. within the lowest intensity districts without the subject use Could bdn~ respective characteristics (e :traffic, and asbestos or paints,' all industrial Uses are some involving processes or chemicals with Where as in many jurisdictions that have two and could accommodate certain uses ' and safety. Beach, and etc.). If a need for the subject use' is substantiated, and if the typical industrial buildings do offer the ideal environment/structure for the training needs or characteristics. to allow them conditionally, and with additional restrictions suc ed uses or prohibiting them from multiple use buildings.. HoWever, depending: on the restrictions placed on such uses, the affect may be to reduce the location oppommities of certain industrial uses and represent an "opportunity cost". For example, if there is a gymnastic center and a use that processes plastic products, the center iwithin an industrial area could then limit future location options: for the plastics: use. RECOMMENDATION Based on this analysis, staff recommends that this request to amend the city's code to include gymnastic centers in the M-1 zoning district be denied. R is the opinion of staff that this code revision, if approved as requested by the applicant, would have a certain level of impact on the citywide distribution of uses and the public welfare within the industrial zoning districts. Staff further believes that the subject use will modify the industrial fabric and will not 'perform similarly. Furthermore, when Page 4 CDRV 01-004 the city's zoningregulations are comprehensively reviewed and rewritten as planned, the establishment of more than one industrial zone could be considered to provide for a light district that would allow for less intense industrial (i.e. "cleaner") uses. This light industrial zone could be written to be more compatible with the subject gymnastic center. However, it is unknown how long it would take to implement such regulations to actually create the "lighter" and "safer" district wherein such' recreational uses could be compatible. Exhibits MDA S:~PLANNINGKSHARED\WP~PROJECTS~GYMN'ASTICS c~CrERS IN M-l( FLIP CITY)~ CITY CDRV (SEE GYMNASTICS CENTERS IN M-1)\STAFF REPORT CDRV 01-004.DOC EXHIBIT'?A,:!i ARTS, EN~RTAINIVI~NT, AND RECREATION 669 often provlae Four season rental services, and ski instruction services. ha this industry. Cross-References. Establishments primarily engaged ia operating resorts where siding facilities are combined with accommodations are classified in Industry Group 7211, Traveler Accommodation. 71393 Marinas See industry description for 713930 below. 713930 Marinas This industry comprises establishments, commonly known as marinas, engaged in operating docking and/or storage facilities for pleasure craft owners, with or without one or more related activities, such as retailing fuel and marine supplies; and repairing, maintaining, or renting plea- sure boats. Cross-References. Establishments primarily engaged in- · Renting pleasure boats--are classified in U.S. Industry 532292, Recreational Goods Rental; · Repairing pleasure boats--are classified ia Industry 811490, Other Personal and Household Goods Repair and Maintenance; · Retailing marine suppliesmare classified ia U.S. Industry 441222,.Boat Dealers; and * Retailing fuel for boats--are classified ia Industry 447190, Other Gasoline Stations. 71394 Fitness and Recreational Sports Centers See industry description for 713940 below. This industry comprises establishments primarily engaged ia operating fitness and recreational sports facilities featuring exercise and other active physical fitness conditioning or recreational sports activities, such as swimming, skating, or racquet sports. Illustrative Examples: Aerobic dance or exercise centers Gymnasiums Handball. racquetball, or tennis club facilities Ice or miler skating rinks Physical fitness Swimming or wave pools Cross-References. · Establishments primarily engaged in providing nonmedical services to assist clients in attaining or maintaining a desired weight are classified in U.S. Industry 812191, Diet and Weight Reducing Centers; US--United States industry only. CAN--United States and Canadian industries are comparable. When neither US nor CAN appears, Canadian, Mexican, and United States industries are comparable. http:liwww.ntis.govlnaics Marcy Marfine 294 Ponce de Leon St. Royal Palm Beach, Fl 33411 561-252-6748 Mr. Michael Rumpf Director Planning and Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 Dear Mr. Rumpf, I am writing to request a Co'de review of the List of Permitted Uses in M-1 Zoning districts. I would like to request that "gymnastic centers" be added under Chapter 2, zoning, section 8.A.l.d.(9). Gymnastic centers are very similar in nature and use to community centers which are specifically pemaitted in section 8.A.l.d. (8). Gymnastics centers require high ce'flings (min. 16 ft.) and a relatively large amount of square footage (anywhere from 6,000 to 20,000 sq. ft.). Because of these requirements it is not fea- sible to operate such a facility in most commercial areas. The ce'fling height in most centers is in the 12 - 14 ft. range. So called "big boxes" are prohibitively expensive .to either build or lease in commercial areas and would be fiscally impossible to operate as a gymnastic center. Locating a gymnastic center in an industrial zone is not an unusual concept. Throughout the state of Florida there are many gymnastic centers operating in industrial zones. Of 83 gym- nastic centers polled in Florida, 74 of them are located in industrial zones. These numbers ,are representative of the gymnastic industry nationwide. The county of Palm Beach lists gymnastic centers under the heading of "fitness centers" which are specifically permitted in industrial zones. (Attachment A). The city of West Palm Beach lists gymnastics under the heading of "exercise studios and health clubs" and specifically per- mits such in industrial zones. (Attachment B). The Village of Wellington lists gymnastics un- der the heading of"Educational and Instructional services" and specifically pemaits such in light industrial zones. (Attachment C). I will be happy to provide more doCUmentation of mu- nicipalities that allow gymnastics in industrial zones. I thank you for your time and consideration in this matter. Enclosed please find a check in the amount of $250.00 for this review. Please contact me as necessary for more information or clarification. Sincerely, Marcy Mar~ EXHIBIT" C" Survey on Gymnastic Centers/Gymnasiums Jurisdictions Commercial Industrial Resort/Tourism Community District District Facilities Palm Beach P P - County West Palm P P - - Beach '.. Greenacres P - Lake Worth - P - - Royal Palm - P - Beach Wellington - P ' - - Jupiter P P*, special - - exception Delray Beach P*, conditional - P P use Boynton Beach C-2, C-3, C-4 - , - and PCD Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August21, 2001 [] September 4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FO1C,. Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meetine Dates July 5, 2001 (5:00 p.m.) [] September 19, 2001 VI.-CONSENT AGENDA ITEM E Date Final Form Must be Tu~ed ~., in to City Clerk's Offi~..D Fa .~. September 5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) [] October2, 2001 September 20, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 p.m.) 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 [] Announcement [] Presentation [] City Manager's Repor~ RECOMMENDATION: Motion to approve request for sole source supplier, JaCobs Air Water Systems in the amount of $47,500.00 to replace media in degasification towers located at the West Water Treament Plant. EXPLANATION: The West Water Treatment Plant uses a degasification system that removes hydrogen sulfide and other packed gases from our drinking water. This system us~s two towers filled with one thousand cubic feet of media in each tower to disperse the gases for removal. This media has been cleaned on a regular basis and is normally done when the water plant switches to a free chlorine residual. This media is eight years old and can no longer be effectively cleaned. The forecast life of the media is five years and we have extended the life with good maintenance. Because it can no longer be cleaned effectively, the turbidity is increasing in the finished water to unsatisfactory levels. We have installed chlorine injection lines to temporarily control the turbidity increase but the media needs to be replaced now. Jacobs Air Water System is the only company, which services this equipment. Attached.is a sole source letter. Jacobs Air Water Systems will remove the old media, clean the interior of the towers, install new media and dispose of the old media for $47,500.00. S:kBULLI~TIN~FORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: This is required to keep within turbidity limit and return chlorine dosage to normal range. FISCAL IMPACT: We budgeted $48,000.00 for this project in the 2001-2002 Renewal and Replacement Account #405- 5000-590-96-02 WTR 017. ALTERNATIVES: This work must be done to remain in regulatory compliance. equipment that we are not prepared to handle. Utilities Department Name Process requires special handling and C~ty Manager s S~gnature City Attorney / Finance / Human Resources CC-' Bob Kenyon Dave Ailstock Barb Conboy S:~,BULLETINMeORMS~AGENDA ITEM REQUEST FORM.DOC REQUEST FOR REQUISITION I H.T.E. ENTRY DATE: 9-4-01 ,q.T.E. REQUISITION # 17338 .;lerk: Gmb Procurement Asset: ~,~ ~. 7, O[ Director: ~ ~- ~-O[ City Manager (non budgeted capital and/or $5000+): REASON FOR PURCHASE: The media in the two de-gassifer towers are eight years old and no longer can be cleaned properly. These towers are part of a system that removes H2S and CO2 from the drinking water. Commission approval: VENDOR INFORMATION: DMSION: OTHER INFORMATION: Name: Jacobs Air Water Systems Admin. ( ) Date: August 30, 2001 ASAP ( X ) Address: 5421 Beaumont Center Boulevard ConStruction ( ) Date Needed: October 2, 2001 Conl'um. ( ) Suite 600 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: TamPa, Florida 33634 ~ SUBMITTED: Phone (contact): John Vercharen Lab ( ) Quotes/Verbal ( ) E. Admin. 40 ( ) (over $500) (813) 901-8825 Pumping ( ) Quotes/Written ( ) E. WTP 41 ( ) .,~ (over $2000) Vendor Number: PWMaint. ( ) Bid Docs. ( ) W, WTP 42 (X) PWOps. ( X ) Sole Source Ltr. (X) P/U 99 ( ) INITIATOR: Robert D Ailstock Sewage ( ) Insurance ( ) Special Instructions: Requirements: APPROVED: Strmwtr. ( ) Project Number: WTR017 Qnan. Unit Price Description & Part Number Fund Dept Basic Elem Obi Amount 1 47,500.00 Remove 1000 cubic feet of media from 405 5000 590 96 02 ! 47,500.00 both de-gassifer towers. Clean interior, and install 1000 cubic feet of new media in each tower. Dispose of the old media in a proper location. Price includes all tools, media f"~'- and labor. C:XDOCUME~ l~lamonsaXLOCALS- 1 \TempXDe-Gas Req. doc ~U6-02-0I ?Hg 15:53 TSO J,~OOBS FAg NO, 8~38890777 P. 01 t ater ,%ysterns August 2, 2001 Mr. Dave Ailstock City of Boyuton Beach, Florida 124 East Woolbdght Road Boynton Beach, Florida 33435 SUBJECT: BO YNTON BEACH F~'EST ~O 14sTP DEGASIFICA TION SYSTEM PA CKING REPLACEMENT Dear Mr. Ailstock: Per your request. I have attached a copy of our sole $ourcc letter tbr our representative agreement with Jaeger Products. We are the exclUSive r~pre~cntative for Jaeger Produgts, Inc. in the State of Florida aud we supplied the original degasification system. There are no other r~rescntatives for Jaeger Products in the State of Florida. We are very much enthused to provide you a proposal to change out the packing in your existing degasifiers. Our scope of work is as follows: We will provide all equipment and labor to remove approximately one thousand cubic feet (1,000 cf) of media from. eaeli degasifier tower and reinstall new Saeger No. 1 (2") Tri-Pack media. The old media wil! be off loaded into a durnpster and disposed of at a local landfill, ~'otal Net Price .............................................. $ 47,$00.00 If you have any questions please call me. Sincerely your~ John A. Verscharen, P.E. JAV:~p 901-8825 P, 02 ~U~-U~-U~ tHU tb;b~ Nu~ O1 O1 07:46a D~l~m C~mpo~i ~e~ July 3t, 200I Re: TSC ,Tacobs / Jaeger Products, Inc. Dear Mr. Aitsrock: I am writing to you at the request of John Ve.~,charen o£TSC-Jacobs. We would tike to take this epportunity to inform you that TSC- Jacobs is our exclusive representative for th; state of Florida for all murdeipal related products. Additionally, our proprietary packing, .,/acgcr TH. Pack,~® is a highly s'ucce, s~fui product tha~ has been usexl in thousands ofrn~s transfi:r application, Information and product details can b~ obtained through TSC-Ja¢oM. Thank you for ¥ou~ continued [ntercst in J,acgcr Products, Inc. We look tbrwm'd to workMg with you m the futura. President cc: John Verscharen- TSC-Ja~bs JAEGER PRODUCTS. 16t t PEACHLEAF, HOt..JSTON, T~XAS 7703S f~,13 da~..q~,3n tmnm ,~';~.n~z ~v t,=e.~, ~,~ ~,.~ .................. Requested City Commission Meeting Dates ] July 17~2001 [] August7, 2001 [] August 21,2001 [] 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 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 Commisston Meeting Dates [] September 19, 2001 Date Final Form Must be Turned tn to City Clerk's Office September 5, 2001 (5:00 p.m.) [] October 2, 2001 September 20. 2001 (5:00 p.m.) [] October 16, 2001 October 3, 2001 (5:00 ?~.) [] November 6, 2001 October 17, 2001 (5:00 ~ [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Recommend that Commission approve the petition by Michael Idell, operating a fort Lauderdale-based taxi-limousine business, for a certificate of Public Convenience and Necessity. A notarized application has been attached for board review, which will enable this limousine service to establish and expand its customer base to include the Boynton Beach City limits. EXPLANATION: The proposed taxi-limousine service enhances the existing competitive climate in the City of Boynton Beach, by increasing and attracting additional business within this industry. Presently, there are two major competitors whose operations are centralized primarily outside the City limits and around airport areas. Historically, there has not been a long-term mainstay of this type of business within the City. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: To not recommend the petition for licensing an external mi-limousine service. Quintus L ree~~e, ~'¢-e~!mff~ n t~rector ~C~gnature Development Department Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~.GENDA ITEM REQUEST FORM.DOC CITY OF BOY'NTON BEACH DEPARTMENT OF DEVELOPMENT 100 E. I0 .742.6360' 2. Corporate Name: Fee: Business Phone:j°';c/_ .3. Location of Business: "-)' 6~ ~ . ~ ~. ~: t~.., ,?)5'1,2, 4. Mailing Address: / O 5? _~. /~/(,/ ' . _c/o,~,,~'Z. ) 3'_~ 6) / 5. Contractor/Professional License Holder: Name: /L// //<] President/Owner:~'r~/~ ~'/;t~/...~'ff,~'~ ,~ 7...'i Description of Business: FL.CERT.#PBC COMP.#:_.. Title: _FEI#: Home Phone: 8. Is this a Mini-Storage... Facility*. Yes: 9. Is this a Dead Storage Facility? Yes: I0. Property Owne/-/Agent: ' ~ I I. Total Sq. Ft. of BId=JSuite used for this Occupancy:. 12. Does your Business require outside storage? Yes: 13. Total number of allotted Off-Street Parking Spaces for use: 14. No: No: /~'~ Phone #: ~ No: ~"'"""~ N/A: Will you use, handle, store or display Hazardous Materials or generate Hazardou~ defined by 40 Code of Federal Parr 261 ? Yes: No: 15. Will your use require Remodeling and/or Renovation?: Yes: l& Wholesale value of merchant's on-site stock inventory.: $ 17. Total number of seats (Barber Shops/Salons/Restaurants/Theaters, erc): I S. Total number of Employees (including Owne0: / Total num her of Vehicles: i 9. Health Department approval required (PLEASE ATTACH) Yes: 20. Previously Licensed in the City of Boynton Beach?: Yes: Total num~nes: No: CERTIFY THAT the above information is correct and complete. I will not open for business without license approval from, and fee aid to, the City. of Boynton Beach and I am aware that if/do, I a,m s. ubject to fine and/or Imprisonment. ameiTitle: / Date Licensed: SHRDATA\Dcve!opmem\FOR,M$.doc\Occupadonal lic~¢ application tinal.do¢ - 9/14~000.4/17/01 ~odes -Roper-Love [nsurance Agency [5~.-N. Harbor City Blvd. ~ urne, FL 32935 ~b~., ~IICHAEL TDELL D/B/A A Award Lin~usine 1729 S. Id. 5th PIace Fort L&uderda]e, FL 33312 O, NLY~ND CONFERSNO RIGHTS UPON THE CERTIFICATE HOLDER; THiS CERTIFICATE DOES NOTAMEI~), EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE INSU~R~ The Aries Iasurance Company INSUPER B: INSUF~R ~. INSUr-ER D: INSUFER E: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEI~i ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTH ER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCEAFFORDED BYTHE POLICIES DESCRIBEDHEREIN IS SUBJECTTO ALLTHE TEFIMS, EXCLUSIONS AND CONDITIONS OF SUCH POL CIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~IR TYPE OF INSLJPJtNCE P(XJcyNUMBER PQUCY ~P~CTIVE PCIJCY EXPIRATIC~I 1~ , DATE {MM~OO~ DATE I~IIWDD~ LIMITS EACH OCOJRRENCE G~I~EF[~i- M~BlUTY COMMERCIAL GENERAL UABIUTY FIRE CAMAGE (Any one tim) I CL.~M$ M~DE F"~ OCCUR' MEDE~P (Aa3ycnepa's::;n) PERSONAL & ADV N,JURY $ GENERAL AGGREGATE $ GEN'L AGGI:;EGAT E U MIT APPME~ PER: PRODUCTS - COMP/CP AGG ~UT~m~L~ umu~ PLFlO01153 , 01/12/2001 01/12/2002 CO~BI~O SINGLE LIMIT . N~AUTO~ : (E. ~) ~ 500,000 ALL OWNED AUTOS BODILY INJUR¥ X SCHEDULED AUTOS (Per person) HII=ED AUTOS BOOILY INJUR¥ NON~WNF_~ AUTOS (Per ~ccident) $ PROPERT~ D~4AGE /. ?~ ~ (Per accider~) ~k., ~GE LIABILITY AUTO ONLY' . EA ACaCENT ANY AUTO OTHER THAN EA ACCl AUTO ONLY: AGC. EXC~ UABILITY EACH OCCURRENCE J DEDUCTIBLE I J RETENTION $ ~ WCSTATU-~ ~om+ WORKER~ COII~ENSATIONAND J TORYLJMIT$ J J ER EMPI_O~ER~ UABIUTY E.L EACH AC~DENT $ E.L DISEASE- EA EMR_OYE~ E.L DISEASE - ~OUCY UMIT O11-~R ~SC~IPl%ON OF OeERATmNS~_CCATK~. S/Vga _C~ES~XCLUg~Ng ADD. ED BY ENDOflSF,~=NT/S~E..C~. PROV~CNSt ~tificate Ho]der is included as Additional Tnsured w~th pespec to the operations of the Named .sured 96 L]:NCOLN STRETCH LIHOUSINE 1LNMq811d4TY683700 93 LTNCOLN SEDAN LIFIOUS/NE 1LNLI~21d3PY603517 ERTIFICATE HOLDER I I ADOrnCNAL ~NSURI~); ii,SURER LETrE~ CANCEU. ATION City of Boynton Beach /'~'~Oept. of Occupationa] Licensing tttn: I~rna ~[00 East Boyntoa Be~ch Blvd. Boyntoa Beach, FL 3~425 ~'ORD 2S~ (?~7) FAX: C56D 742-6364 Ifil1 iam LOve/GBM ©ACORD CORI~~' c..l'j.'¥ OF BOYN'['ON BEACH APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: APPLICANT INFORMATION: NmE: .,///Ir /-+g~ ~ ~- RESIDENCE ADDRESS: NAME 'TO BE USED ON VEHICLES: ~ ~~ g /~ ~L~/cL LOCATION OF PROPOSED DEPOTS ~D TE~INAL: ~D~ ['Oc~ EXPERIENCE OF APPLICANT IN THE TRANSPORTATION OF PASSENGERS: ANY FACTS WHICH THE APPLICANT BELIEVES TEND TO PROVE THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE GRANTING OF A CERTIFICATE: THE TOTAL NUMBER OF VEHICLES TO BE OPERATED OR CONTROLLED BY THE APPLICANT: THE NUMBER OF VEHICLES TO BE OPERATED BY THE APPLICANT IN THE CITY OF BOYNTON BEACH: COLOR SCHEME OR INSIGNIA TO BE USED~_~?~/~/~ Zodo ~£f /~7-/~cF~ NAME OF INSURANCE CARRIER (ATTACH CERTIFICATE OF INSURANCE MADE OUT TO THE CITY OF BOYNTON BEACH) · AMOUNT OF INSURANCE: PER SECTION 24-10 OF THE BOYNTON BEACH CODE OF ORDINANCES, ATTACH COPIES OF ALL CONTRACTS, AGREEMENTS, ARRANGEMENTS, MEMORANDA, OR OTHER WRITINGS RELATING TO THE FURNISHING OF TAXICAB SERVICE TO ANY HOTEL, THEATER, HALL, PUBLIC RESORT, RAILWAY STATION OR OTHER PLACE OF PUBLIC GATHERING, WHETHER SUCH ARRANGEMENT IS MADE WITH THE HOLDER OR ANY CORPORATION, FIRM OR ASSOCIATION WITH WHICH THE HOLDER MAY BE INTERESTED OR CONNECTED. LIST OF ATTACHMENTS: SIGN'ATURE OF APPLICANT STATE OF ~LORIDA, COUNTY OF PALM BEACH The_ foregoing instrument was acknowledged before me this ~'/~O/ (date) by ~;I~H~£~ ., who is personally known 'to me or who has produced ~-~ ~ (type~ identificat ...... ~""~"=h~on and who did ~-~---~-~ ..... % ~ ~ not; take an oath ~ · ~ignat~re o~~~gk~owledgement O~ .......................... a~--Ggement--type~,~rint~ or stamped Title or rank~~ Serial number, if any bh - 2/92 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21,2001 [] September4, 2001 CITY OF BOSTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 5, 2001 (5:00 p.m.) JuN 18. 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 p.m.) Requested City Commission Meetin~ Dates [] September 19,2001 [] October2, 2001 [] October 16, 2001 [] November 6, 2001 VI.-CONSENT AGENDA ITEM G. Date Final Form Must ~rurne~_ in to Ciw Clerk's (~f,~ce . September 5, 2001 (5:004:~n.) '~.} --4 September 20, 2001 (5:0(~..) -.~ 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: Recommend that Commission approve the petition by Larizy Maiale II, operating a Boynton Beach-based taxi-limousine business, for a certificate of Public Convenience and Necessity. A notarized application has been attached for Commission review, which will enable this limousine service to establish its customer base to include the Boynton Beach City limits. EXPLANATION: The proposed taxi-limousine service will enhance the existing competitive climate of this service within City of Boynton Beach. PROGRAM IMPACT: N/A FISCAL IMPACT: Increased occupational license revenues of $125 annually. ALTERNATIVES: To deny the petition for a certificate of Public Convenience and Necessity. VNancy Bym~ AssisFt Development Director Ed Yat~s, ~u~tional License Manager City Manager's Signature City Attorney / Finance / Human Resources S:~BULLETIN~FORMSX, AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH DEPARTMENT OF DEVELOPMENT 100 E? Boyn P.O. Box Bo' rida Phone: 561-742-6360 OCCUPATIONAL LICENSE APPLICATION CN # I. NameofBusiness: (DBA) 2. Corporate Name: .3. Location of Business: Z./.~ 4. Mailing Address: 5. Fee: $ Contractor/Professional License Holder: Name: /'~/~?,z-"d~, Fr,.CERT.#PBC COMP.#: SS#: 6. Presldent/Owner: ....... Title: . FE~: 7:: DescnptmnofBusmess. ~tt)~/~ /~~~-~ '~, ~ ~--- ~ .... ~ ' 8. Is this a Mini-Storage Facility? Yes: 9. Is this a Dead Storage Facility? Yes: I0. Property Owner/Agent: 1 I. Total Sq. Ft. of BIdg/Suite used for this Occupancy: I2. Does your Business require outside storage? Yes: I3. Total number of allotted Off-Street Parking Spaces for use: 14. No: Phone #: No: )(~ N/A: Will you use, handle, store or display Hazardous Materials or generate Hazardous Waste, as defined by 40 Code of Federal Part 2617 Yes: No: ~' t5. Will your use require Remodeling and/or Renovation?: Yes: t6. Wholesale value of merchant's on-site stock inventory.: $ 17. Total number of seats (Barber Shops/Salons/Restaurants/Theaters, erc): 18. Total number of Employees (including Owner): [ Total number of Vehicles: ! 9. Health Department approval required (PLEASE ATTACH) Yes: 20. Previously Licensed in the Ci~,.' of Boynron Beach?: Yes: No: / Total number of Machines: No: No: ~{~ CERTIFY THAT the above information is con-ocr ~nd como[ere. [ will not open for business without license approval from, and fee 'aid to, the City of Boynton Beach and l am aware that ifI do, [ am subject ro fine and/or Imprisonment. ignature of Applicant: ~ ff~~ Date: amc/Title: /""/ v Date L[censed: $ HRDATA\Dcv¢!opment\FOR.MS. floc',Occupat:anal license application ti hal.doc - 9/[ 4/2000~ 4/17101 9/20/01, 13:50:25 CITY OF BOYNTON BEACH UTILITIES CUSTOMER SERVICEAPPLICATION USER ID MURPHYC lqAME MAIALE, CATHERINE ADDRESS 5728 SPRING GATE COURT i . HARRISBURG NC 28075 CUSTOMER ID 143887 Old Account Number 0026630 EXEMPT TAX NO CASH ONLY NO CUSTOMER TYPE PENALTY NO OWNER SERVICE ADDRESS 43 CEDAR CIR CYCLE/ROUTE 16 03 LOCATION ID 1672 INITIATION DATE 9/07/01 JURISDICTION BOYNTON BEACH INSIDE UNITS 1.00 SOCIAL SECURITY NUMBER 108524341 DOING BUSINESS AS ALT CUSTOMER ID 2 24127825 NC CLASS RESIDENTIAL SECTION ************************* DRIVERS LIC NUMBER 24127825 NC REFUSE STORM WATER NONMETERED COMPONENT RATE UNITS NONMETERED COMPONENT RATE UNITS 1.00 1.00 $10.50 $6.00 SEWER NONMETERED METER RELATED ATER METERED .~ETER NUMBER 53594127 METERED RATE UNITS UNITS WA RELATED 1.00 1.00 MISC. INFORMATION SPOUSE EMPL NM BUSINESS ~ EMPL ADD DRVRS LIC SOC SEC# DT OF BIR OWNR NM OWNR TEL# LAWRENCE APOLLO TRA_NSPORTAION SERV NA 1300 PARKER COMMERCE BLVD 24127825 NC 108524341 NA NA 5/23/57 SE?-20-2gU1 THU 11:30 ~ F~X NO, P, O1 SI-- RANCE Rodes-Roper. Love l'nsurance A.qency. i156 N, Harbor, C~ty 8]Vd. raelbourne, FL 32935 L=_7~ ~: ' ..................... 43 CEDA:~ B0~TON BEA~, FL 3~436 ~PE ' ' , LLI ...... AN~ ALL 0~ 5C~L~D HI~ED A NON ~Vr~ED A co,.u~o. __~O LJMO~ ~RM The Aries Insurance Compaay DA?E Ti~~ 12:01 ~]. 1,000,000 ~ SO,O0~ ~-- s,ood '!. SOO J~llr 5 ~Oi~ LY iN,Aj,qy ~e r pc~ rr',m'O ~'. s 10 s 20 $ AGTUAL CASH VALUE ~T'ATED AMOUNT AUTO ONLY, ER ACP. IDCHT OTHER THAN A UT O C, NLY. '-----------------:~ CH ACQDC~T AC~Cr- r-OATE SEI.~IN...~LI~I~,,~ ~F.'I r'r,;Tt~ ~ STAT~O~V E L. ~ ACOIO~ TAX~s C£±'Y OF BOYNTON BEACH APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: APPLICANT INFORMATION: BUSINESS NAME: BUSINESS ADDRESS: NAME TO BE USED ON VEHICLES: cATION OFPRO OSED DEPOTS AND TERMINAL: EXPERIENCE OF APPLICANT IN THE TRANSPORTATION OF PASSENGERS: ANY FACTS WHICH THE APPLICANT BELIEVES TEND TO PROVE THAT PUBLIC i'CONVENIENCE AND NECESSITY REQUIRE THE GRANTING OF A CERTIFICATE: THE TOTAL NUMBER 'OF VEHICLES TO BE OPERATED OR CONTROLLED BY THE APPLICANT: THE NUMBER OF VEHICLES TO BE OPERATE~ BY THE APPLICANT IN THE CITY OF BOYNTON BEACH: COLOR SCHEME O. INSIGNIA TO BE USED: NAME OF INSURANCE CARRIER (ATTACH CERTIFICATE OF INSURANCE MADE .OUT TO THE CIT OF BOSTON BEAOH . ~OU~ O~ Z~SU~g: PER SECTION 24-10 OF THE BOYNTON BEACH CODE OF ORDINANCES, ATTACH COPIES OF ALL CONTRACTS, AGREEMENTS, ARRANGEMENTS, MEMORANDA, OR OTHER WRITINGS RELATING TO THE FURNISHING OF TAXICAB SERVICE TO ANY HOTEL, THEATER. HALL. PUBLIC RESORT, RAILWAY STATION OR OTHER PLACE OF PUBLIC GATHERIN SUCH ARRANGEMENT IS MADE WITH THE HOLDER ~" .......... ~ .... G, WHETHER ~*~ ~ Uu~O~ATION, FIRM OR ASSOCIATION WITH WHICH THE HOLDER MAY BE INTERESTED OR CONNECTED. LIST OF ATTACHMENTS: IGNA~URE OF APPLICANT STATE OF FLORIDA, COUNTY OF PALM BEACH The [o~egoi.n~ instrument was acknowledged be[ore me 2h~s~ .__~. . . ,/u ..YY n ~o me or who nas produced ~/ 7~ ~ ........ · aentiz~cation) as identification and who ~~/-'~,~(~ p;'~"~ype oz (SEAL) Signature of person taking acknowledgement -~-~' ~4 Name of officer taking acknowled ........ _~_~'~-r. ~2 3.'~.~-~-- b~ - 2/92 Requested City Commission Meeting Dates [] July 17, 2001 [] August 7, 2001 [] August 21,2001 [] September 4, 2001 VI.-CONSENT AGENDA 'TEI I H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW 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: AuthoriZe execution by the City Manager of an Appointment Letter between the City of Boynton Beach and Nancy Byme, as Assistant Director of Development. EXPLANATION: This employee was promoted to the position of Assistant Development Director in November, 2000 and the salary reflects a performance pay increase. The Letter of Appointment is being executed at this lime as a house-cleaning measure only. PROGRAM IMPACT: FISCAL IMPACT: This is a budged item. ALTERNATIVES: Department Head's Signature City Manager Department Name City Manager's Sl'i'gnature ~ity Attorney / Finance / Human Resources S:LBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC September __, 2001 Ms. Nancy Byme City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Re: Appointment Letter - Assistant Director of Development Dear Ms. Bryne: I am pleased to offer you an appointment as the Assistant Director of Development under the following terms and conditions: By accepting this position you are representing to the City that you have the professional expertise and experience to perform the services to be provided by you pursuant to the terms of this Agreement. The position of Assistant Director of Development is a contractual appointment by the City' Manager of an individual in a specialized field and not a Civil Service position and neither the City's Civil Service Rules and Regulations nor the Personnel Policy Manual are applicable to you, except as expressly referenced herein. By entering into this Appointment Contract, you waive all rights under the City's Civil Service System or Personnel Policy Manual. Except as listed below, in those instances when the Appointment Letter is silent; regarding an employment term or condition which is applicable to general City employees as set forth in the City of Boynton Beach Personnel Policy Manual (PPMP), as amended from time to time, then in that Circumstance the term or condition provided to general City employees in the PPM shall apply to you. The following Chapters of the PPM have no application and any term or condition set forth therein are not incorporated as a term or condition of employment for you: Chapters 5, 6, 9, 10, 11, 12, 13, 19, 20, 24, 25, 26, 27, 30. You will be an at will employee of the City and you acknowledge that there has been no representation or promise, expressed or implied fixing'the term of your appointment, except as provided for herein. The job description for Assistant Director of Development is attached as Exhibit "A, and you agree to provide the City with the services included in that job description. Except as otherwise expressly provided by this Appointment, as Assistant Director of Development you shall at all times: a. devote all your time, attention, knowledge, and skill Solely and exclusively to the business and interests of the City during normal working hours and at City related events after normal business hours. -1- b. perform your duties and obligations faithfully, industriously, and to the best of your ability. c. not engage in conflicting outside employment except with prior written authorization of the City Manager or his designee. d. keep the City Manager or his designee fully informed in advance of 'all travel and activities that take you out of the office for more than a day at a time. All travel must receive prior written approval of the City Manager or his designee. We will, review and evaluate your performance at least bi-annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with performance criteria developed by the City Manager or his designee, which criteria must be provided to you in advance of the commencement of the period of evaluation. The criteria may be added to or deleted from as the City Manager or his designee may from time to time determine, except that you shall not be evaluated for tasks if no performance criteria have been established. Further, the City Manager or his designee, shall provide to you a summary written statement of the evaluation and provide an adequate opportunity for you to discuss your evaluation with the City Manager or his designee. Periodically, you will meet with the City Manager or his designee and define such goals and performance objectives that are determined necessary in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. Such goals and objectives shall be generally attainable within the time limitations as specified in the annual operating and capital budgets and appropriations provided by the City. Compensation reviews are not subject to any specific formula apPlicable to other City personnel. Wage adjustments shall be at the sole discretion of the City Manager or his designee and are subject to the appropriation of funds by the City Commission. You shall receive an annual salary of FIFTY-TWO THOUSASND ONE HUNDRED TWENTY- FOUR AND 80/100 DOLLARS ($52,124.80), payable in equal installments paid at the same intervals as the City's management personnel are paid. The City shall pay or reimburse you consistent with reimbursement policies for City managerial employees. You shall receive the same Health Insurance benefit provided to non-union City employees hired after 10/1/91. You shall receive the Management Incentive Package, which consists of enhanced life insurance and compensatory leave, which became effective in 2001 for Supervisory Management Employees. You shall receive the same benefit Disability'Insurance provided to non-union City employees hired after 10/1/91. -2- You shall receive the same Retirement System l~enefit provided to non-union employees hired after 10/1/91. You shall be entitled to observe the same paid legal holidays as managerial employees hired after 10/1/91. You shall be entitled to observe the same vacation accrual as managerial employees hired after 10/1/91. You shall accumulate sick leave as provided under the rules and regulations for other managerial employees of the City, including pay-out for unused sick leave on termination based on the standard for employees of the City hired after October 1, 1991. You shall be compensated for use of your personal vehicle for city business in the amount- of $250.00 per month. The City shall: a. defend and indemnify you against all claims and actions, civil or criminal,' provided the claims or actions arise out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment; and b. pay any/judgment that may be entered against you in a civil action arising out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment, except a judgment based on intentional wrongdoing by you. e. reserves the fight to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. The effective date of your appointment was November 16,2000. This Appointment shall terminate: a. at any time by mutual agreement of you and the City; b. upon your sustained inability for all or substantially all of 180 'calendar days in a 190 day period to perform all or substantially all of your duties and obligations pursuant to this Appointment as a result of-physical or mental illness or condition, which inability shall be verified at the City's expense (to the extent not covered by applicable medical insurance maintained by the City) by a licensed physician mutually agreed upon by you and the City, provided that state or federal law or regulation would not preclude or prohibit your separation under the condition. In the event the parties are unable to mutually agree on a physician within fifteen days of a request for selection, the examim'ng physician will be selected solely by the City. c. at any time by the City Manager or his designee's and City Commissions' unilateral termination of your Appointment for the position. -3- d. your death. e. your resignation. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than forty-five (45) days following the date of notice of resignation. Unilateral termination shall be in writing, signed by the City Manager or his designee, and need not reflect performance-related reasons. If this Appointment is terminated by unilateral action by the City Manager or his designee, you shall be entitled only to: a. Reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; b. an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; c. an amount for accrued and unused' sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91. d. Prorated base salary for the effective date of the termination plus. ninety (90) days, calculated as follows: Employees annual base salary shall be divided by 365 days, and that sum shall be multiplied by 90 days, less customary withholding. If this Appointment terminates upon mutual agreement of the parties, you shall be entitled to: a. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; b. an amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula fOr non-union employees hired after 10/1/91; c. an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; If this appointment terminates due to your physical disability or death, you or your guardian or personal representative shall be entitled only to the following compensation and benefits: a. base salary through the last day that you performed services to or on behalf of the CITY; b. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; c. an amount for accrued and unused sick and vacation leave, not to exceed the -4- maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; and d. life and/or disability benefits if applicable. If this appointment terminates due to your resignation, you shall be entitled only to the following compensation and benefits: a. base salary through the date of resignation or such other date as mutually agreed to between you and the City Manager or his designee b. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; c. an amount for accrued and unused sick and vacatiOn leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; d. life and/or disability benefits if applicable. No modification of or amendment to this Appointment shall be valid unless reduced to writing and signed by both parties. No collective-bargaining agreement to which the CITY is a party shall in whole or in part govern, apply to, or be deemed part of or incorporated into this appointment. Any civil action arising out of this Appointment or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. The CITY's waiver of any breach of any term, condition, or covenant of this Appoinunent shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this appointment. This Agreement shall be binding on and inure to the benefit of: a. Your heirs and personal representatives; and b. the City regardless of changes in the persons holding office as members of the City. If any provision of this Appointment or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this Appointment or their application to other parties or circumstances. This Appointment and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. -5- This Appointment Letter contains the entire agreement between the City and you. All prior agreements and understandings, whether written or oral, pertaining to the City's appointment of you are fully abrogated and of no further force and effect from and after the date of this Appointment letter. Regardless of which party's counsel prepared the original draft and subsequent revisions of this Appointment, and the City and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Appointment shall not be deemed to be the product of and, therefore, construed against either of them. The omission from this letter of a term or provision contained in an earlier draft of the letter shall have no evidentiary significance regarding the intent of the parties. If the foregoing terms and conditions are acceptable to you, please sign the original of this letter in the space provided below and return it to me. Very truly yours, Kart Bressner City Manager Nancy Byme s:caXagrXempXByme09240 l Dated: -6- EXHIBIT "A" CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION Class Code Grade: 36 52,135 / 62,562 / 78,203 FLSA: E CLASSIFICATION TITLE: ASSISTANT DIRECTOR OF DEVELOPMENT PURPOSE OF CLASSIFICATION The purpose of this classification is to perform management level professional work, including advising and assisting the Development Director in the administration, planning, and budgeting of development operations. ESSENTIAL FUNCTIONS The following duties are nomal for this position. The omission of specific statements of the duties does not exclude them from the classification ff the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Advises and assists the Development Director in managing daily operations; assists in problem solving; determines routine logistical actions and performs assigned duties of the Development Director in his/her absence. Acts as liaison for division supervisors; advises and assists division supervisors; coordinates and organizes specific aspects of department service and physical facilities; assists Director in analyzing and interpreting needs assessment Develops and designs department specific employee training programs; recommends resources and candidates for external training programs; communicates u'aining opportunities to employees; monitors and reports on training program effectiveness. Manages and responds to customer/community surveys, complaints and questions related to department operations. Performs administrative functions associated with department/division operations; writes/updates department specific performance guidelines; reviews/revises existing guidelines/procedures to improve operations and delivepf of services; develops methods/strategies to meet department and division goals and objectives; monitors, allocates and coordinates resources to ensure accomplishment of program goals. Coordinates the preparation of annual department budget; analyzes division budget requests; researches budget-related matters; tracks pertinent data to facilitate budget planning; monitors expenditures to remain within established budget; reviews .budget transfers/amendments for justification, fiscal impact and conformance with applicable policies/procedures. Coordinates the preparation of reports, agenda memorandums and support materials for review by Director. Serves as department representative on interdepartmental task forces and committees as needed. Attends public meetings, hearings, conferences, committee meetings and board meetings as required; gives presentations and speeches as requested by Director. Page I September 2000 EXHIBIT "A" City of Boyr~ton Beach, Florida · Assistant Director of Development Oversees and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals; makes hiring recommendations. Ensures compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; ensures adherence to established safety procedures; initiates any actions necessary to correct deviations or Violations. Consults with Director, department staff, division supervisors, and other officials as needed to review department activities, provide recommendations, resolve problems, and receive advice/direction. Supports division managers and Director by conducting research and preparing outlines, reports, and documentation; presents/defends reports at meetings; participates in meetings, to include providing background, asking questions, discussing issues, sharing information, making decisions, and giving assignments; initiates problem resolution and recommends alternative actions; determines plan of action and commits various resources as appropriate. Coordinates the compilation and/or monitoring of administrative and statistical data pertaining to department operations; performs research as needed; makes applicable calculations; analyzes data and identifies trends; prepares or generates reports; maintains records. Develops, recommends, documents and assists in implementation of department specific automation plans, acts as liaison supporting department and/or Information Technology Services department initiated automation efforts; including GIS, document imaging, and WEB applications. Supervises the preparation or completion of various forms, reports, correspondence, purchase requisitions, budget documents, statistical analysis, technical study reports, training reports, performance appraisals, flow charts, diagrams, agendas, or other documents. Operates a computer to enter, retrieve, review or modify data; utilizes word processing, spreadsheet, database, presentation, document imaging, communications, or other sof~vare programs. Communicates with city manager, city officials, employees, city departments, government agencies, other municipalities, engineers, developers, contractors, consultants, vendors, chamber of commerce, applicants, customers, the public, the media, outside agencies, and other individuals as needed to coordinate work activities, review status of work, exchange information, resolve problems, or give/receive advice/direction. Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new procedures, technologies, trends, and advances in the profession; reads professional literature; maintain.q professional affiliations; attends conferences, workshops, and training sessions as appropriate. ADDITIONAL FUNCTIONS Provides assistance or coverage to other employees as needed. Performs other related duties.as required. MINIMUM QUALIFICATIONS Bachelor's degree in Public Administration, Urban Planning, Business Admini.~tration, General Studies; or other related field supplemented by three (3) years previous experience and/or training in a supervisory capacity; preferably in local government; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid Florida driver's license. Page 2 September 2000 EXHIBIT "A" City of Boynton Beach, Florida · Assistant Director of Development PERFORMANCE APTITUDES Data Utilization: Requires the ability to coordinate, manage, and/or correlate data. Includes exercising judgment n determining time, Place and/or sequence of operations, referencing 'data analyses to determine necessity for revision of organizational components, and in the formulation of operational suategy. Human Interaction: Requires the ability to function in a managerial capacity for a division, department, or organizational unit. Includes the ability to make decisions on procedural and technical levels. Equipment, Machinery~ Tools, and Materials Utilization: Requires: the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/Or materials used in Performing essential functions. Verbal Aptitude: Requires the ability'to utilize consulting and advisory data and information, as well as reference, descriptive and/or design data and information as applicable. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, profit and losS, ratio and proportion; may include ability to calculate surface areas, volumes, weights; and measures. Functional Reasoning: Requires the ability to apply principles of logical or synthesis functions; to deal with several concrete and abstract variables; and to analyze major problems that require complex planning for interrelated activities that can span one or several work units. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and 'creativity in situations involving the direction, control.and planning of an entire program or set of programs. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, .carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or workstation. Sensory Requirements: Some tasks require the ability to perceive and discriminate sound and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. Page 3 September 2000 Requested City Commission Meetin z Dates [] July 17, 2001 [] August 7, 2001 [] August 21, 2001 [] September4, 2001 VII - CITY MANAGER'S REPORT CITY OF BOYNTON BEAC ITEM A AGENDA ITEM REQUEST FG .... Date Final Form Must be Turned tn to City Clerk's Office July5, 2001 (5:00 p.m.) July 18, 2001 (5:00 p.m.) August 8, 2001 (5:00 p.m.) August 22, 2001 (5:00 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 (5:0Op.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 [] Unflni~hedBusiness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve the enclosed amendments to Chapter 15, Article I, Section 15-8 of the Boynton Beach Code of Ordinances, titled "Noise Control." EXPLANATION: These proposed amendments axe due in part to an increased demand from our residents to curb the intrusion of loud music into our residential neighborhoods. Current regulations are based primarily on decibel levels that require measurement by specially trained staff utilizing highly technical equipment. In many cases involving music, it is very difficult to measure because ofbackgrotmd noise and the fluctuation in noise levels during the measurement period. The cited changes will assist slaff in dealing with those issues, and will save money in terms of reduced staff involvement per occurrence. The changes will make the ordinance and enforcement of the ordinance easier to understand by the layperson_ PROGRAM IMPACT: Staff time will be reduced investigating and prosecuting violations of this Ordinance, and citizens will have an enhanced quality of life for their families. FISCAL IMPACT: (None) ALTERNATIVES: Continue opera ' der our current regulations or mak~ed amendments. f Department Head s~Signature Cf'ty Manager's Signature Depactment Name City Attorney / Finauce4 Human Resources S:~.;LLETINWORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 01- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15, ARTICLE 1. SECTION 15-8.5 OF THE cODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA 'BY CREATING A NEW SUBSECTION 15-8.5.C; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AW AN EFFECTIVE DATE. WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Section 15-8.5 of the Code of Ordinances entitled Noise control-Prohibited acts by adding specific language to convert noise violations from a "decibel measured" to a "plainly audible" standard; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. That Chapter 15. Section 15-8.5. is hereby amended by creating a new subsection (c) as follows: {e ) Live or recorded music or other created sound may not be played or broadcast, acoustically, mechanleally or electronically, between the hours of 9:30 p.m. and 11:00 a.m., nnless such live or recorded music or other created sound is played or broadcast within the interior of a building and is not plainly audible at the property line ot the properS, on which the building is located. Live or recorded music or other created sound may not be played or broadcast, acoustically, mechanically or electronically, between the hours of 11:00 A.M. and 9:30 P.M., if it is played or broadcast at a sound level which is plainly audible twenty.- five (25) feet from the point of orion of the music or sound. Music for the purpose of this section, shall include a non-amplified musical instrument played by an individual or individuals. For the purpose of this section, the term plainly audible shall mean a sound that can be heard by a person without the assistance of any auditory, enhancement device or e~uioment~ For the purpose of this section, any person owning or having responsibility for management of a business premises, however temporarily~ any performer or disc jockey producing sound uoon any business premises, any person playing, oroducine or controlling music, or other sound, any oerson having control of the volume of music or sound~ and the business as named on the occupational license where the music or sound emanating shall be [ointly and severally liable for compliance with this Article and shall bc responsible for any violations hereof. For the purpose of this section, broadcast shall mean the transmission of sound by any mechanical or electronic means, including, but not limited to radios, televisions, sound systems, public announcement systems, or musical instruments. Enforcement. A. The Ci.ty Code Enforcement Board shah have ]urisdiction to hear and decide cases in which violations of this Chapter are alleged, or Be The CiW may enforce the provision of this Code by supplemental Code or Ordinance enforcement procedures as provided by Part 2 of Chapter 162, Florida Statutes, or Ce The City may prosecute violations by issuance of Notices to Appear for violation of a City Ordinance, in which case, the penalty, for a violation shall be as follows: (1) First violation - $50.00 (2) Second violation within twelve (12) months of adiudication of first violation - $100.00 (3) Third violation within eighteen (18) months of adiudication of first violation - $500.00 Each day on which a violation exists shah constitute a separate violation for the purpose of determining the Fmc, or Any violation of this Article shah constitute a nuisance. The City Attorney may bring suit on behalf of the City, or any affected citizen may bring suit in his/her name against the person or persons causing or maintaining the violation~ or against the owner/agent of the building or property, on which the violation exists. Relief may be granted according to the terms and conditions of Chapter 60, Florida Statutes, entitled Abatement of Nuisances. E. Violations of this Article shall be enforceable by arrest, provided such arrest is made pursuant to Chapter 901, Florida Statutes. It shah be prima facia evidence that prohibited music or other sound is audible at the property. Hne of the property, from which the sound is emanating if the prohibited sound can be measured at a decibel level exceeding 65 dB, provided however, that no decibel level readings need be taken to substantiate a violation of this Article. Section2. Each and every other provision of Chapter 15, of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this dayof , 2001. SECOND, FINAL READING AND PASSAGE this day of__ ,2001. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor ATTEST: City Clerk Commissioner Commissioner Commissioner (CORPORATE SEAL) s:ca\OrdXAMD Sec 154.5 Noise 092401 Requested City Commission Meeting Dates [] July 17,2001 [] August 7, 2001 [] August 21, 2001 [] September 4, 2001 CITY OF BOYNTON BEACH AGENDA ITEM QUEST 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 VII.-¢ITY MANAGER'S REPORT ITEM B. Date Final Form Must be Turned in to CiW Clerk's Office September 5, 2001 (5:00 p.m.) September 20, 200l (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: 1. Approve Emergency Ordinance # (under Legal) to revise Personnel Policy Manual section on Military Leaves. 2. Also included for consistency is information on a Military Leaves policy to be included in the Administrative Policy Manual. EXPLANATION: This policy is expanded to specifically cover Active Military Duty in addition to the current annual reserve training requirement. PROGRAM IMPACT:Those employees who may be ordered to return to active duty in the military services. Total number of employees who will be affected is unknown. (As of this meeting, two employees have received orders.) FISCAL IMPACT: The difference between regular City pay and military pay will vary with each individual, but be less than the total regular City pay. Continuing health, dental and life insurance for those employees who are eligible for this coverage will remain the same as though they were working. Any dependent coverage in effect and the employee's pension plan contribution will be considered in determining the amount of supplemental pay. Arrangement for payment of all other optional benefit premiums will be the responsibility of the employee. ALTERNATIVES: Florida law 115.14 requires that we pay the employee on active duty full pay for 30 days. After 30 days, it is the employing authority's option whether to supplement military pay and whether to continue to provide any health insurance or other existing benefits. · - -~el~rtm~r~t l~tead's' Signature Department Name City Manager's Signature City Attorr~7~mance / Human Resources S:~BULLETI~FORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01 - AN 'EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE PERSONNEL RULES AND ACTIVE CONFLICTS, EFFECTIVE DATE. PAY FOR LEAVE; PROVIDING FOR CODIFICATION AND AN WHEREAS, the City is cognizant of the tremendous sacrifice made by City employees who are called to active military service at times of national crisis; and WHEREAS, the City wishes to demonstrate its support of City employees who answer the call to duty and engaged in active military services; and WHEREAS, the City wishes to provide assurance to City employees who are called to active military service that their ordinary income will not be lost or diminished during periods of active military service. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 'CITY OF BOYNTON BEACH, AS FOLLOWS: Section 1. The foregoing whereas clauses ~re tree and correct and are now ratified and confirmed'by the City Commission. Section 2. follows: Chapter 21 B of the Personnel Rules and Regulations is amended as MILITARY LEAVE 1. RESERVE TRAINING: All employees who are members of the military reserve units and who must attend annual training sessions are entitled, pursuant to Florida Statute 115.07 to seventeen (17) calendar days with pay each year in order that such employees may fulfill their military obligations. 2. ACTIVE DUTY: All employees who are reservists and are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. The CiW will continue to pay the eligible employee's portion of health, dental and life insurance premiums and the City's pension contribution. If an employee has dependent insurance coverage, the Finance department will consider this in determining the amount of supplemental pay so 'that the dependent insurance premiums can be paid prior to the supplemental check calculation. The employee's pension contribution will also be made prior to the supplemental check calculation. If the supplemental pay is not sufficient to pay the dependent coverage, the employee :will be responsible for. sending the CiW a check t° cover the dependent premium. The employee will also be responsible for making arrangements for any other benefit premium or other deduction (example: deferred compensation contribution, union dues, credit union payments, etc.). 3. CONTINUED SERVICE: Unless the person provides the City with written notice that they do not plan to return to employment with the City, no break in service will occur during the period of active duty and the employee will continue to accrue service for purposes of seniority and pension eligibility. Section 3. Each and every other provision of the Code of Ordinances 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 AND FINAL READING this day of October, 2001. CITY OF BOYNTON BEACH, FLORIDA ATTEST: City Clerk H:\1990\900182.BB\ORDXMilitary Leave revision.doc Mayor Vice Mayor Commissioner Commissioner Commissioner REVISION TO PERSONNEL POLICY MANUAL Chapter 21 - LEAVE WITH PAY CURRENT POLICY MILTTARY LEAVE: All employees in the Qb/service who are members of the military reserve units and who must attend annual training sessions are entitled to leave of absence with full pay. The Qb/of Boynton Beach pursuant tOFlodda Statute 115.07 - Officers and Employees Leaves Of Absence For Reserve or Guard Training, grants up to seventeen (17) calendar days with pay each year in order that such employees may fulfill their military Obligations. Full-time permanent employees in the City service who are called to perform military service may at the discretion of the City Commission be granted leave of absence without pay for such service in accordance with the provisions of Public Law 93-508, Section 2021 - Right to re-employment of inducted persons; Section 2024 - Rights of persons who enlist or are called to active dub/; reserves. RECOMMENDED REVISION MILITARY LEAVE 1. RESERVE TRAINING: All employees who are members of the military reserve units and who must attend annual training sessions are entitled, pursuant to Florida Statute 115.07 to seventeen (17) calendar days with pay each year in order that such employees may fulfill their military obligations. 2. ACTIVE DUTY: All employees who are reservists and are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty. and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. The City will continue to pay the eligible employee's portion of health, dental and life insurance premiums and the City's pension contribution. If an employee has dependent insurance coverage, the Finance department will consider this in determining the amount of supplemental pay so that the dependent insurance premiums can be paid prior to the supplemental check calculation. The employee's pension contribution will also be made prior to the supplemental check calculation. If the supplemental pay is not sufficient to pay the dependent coverage, the employee will be responsible for sending the City a check to cover the PPM Revision I dependent premium. The employee will also be responsible for making arrangements for any other benefit premium or other deduction (example: defen:ed compensation contribution, union dues, credit union I:;ayme~ts, etc.). 3. CONTINUED SERVICE: Unless the person provides thl writter pi the ;eniodty and pE PPM Revision 2 NEW CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: 06 Personnel Policies SECTION: 06 Leave SUBJECT: 04 Military Leave Policy No. 06.06.04 Page: I of 1 PURPOSE AND SCOPE: The purpose of this policy is to state the policy affecting employees who have military service obligations. POLICY 1. RESERVE TRAINING: All employees who are members of the military reserve units and who must attend annual training sessions are entitled, pursuant to Florida Statute 115.07 to seventeen (17) calendar days with pay each year in order that such em ployees may fulfill their military obligations. 2. ACTIVE DUTY: All employees who are reservists and are ordered to active military duty shall continue to receive full City pay for the first thirty (30) days of active duty. and thereafter shall receive supplemental pay from the City, in an amount necessary to bring their total compensation, inclusive of their base military pay, to the level earned at the time they were called to active military duty. The City will continue to pay the eligible employee's portion of health, dental and life insurance premiums and the City's pension contribution. If an employee has dependent insurance coverage, the Finance department will consider this in determining the amount of supplemental pay so that the dependent insurance premiums can be paid pdor to the supplemental check calculation. The employee's pension contribution will also be made pdor to the supplemental check calculation. If the supplemental pay is not sufficient to pay the dependent coverage, the employee will be responsible for sending the City a check to cover the dependent premium. The employee will also be responsible for making arrangements for any other benefit premium or other deduction (example: deferred compensation contribution, union dues, credit union payments, etc.). 3. CONTINUED SERVICE: Unless the person provides the City with written notice that they do not plan to return to employment with the City, no break in service will occur during 'the period of active duty and the employee will continue to accrue service for purposes of seniority and pension eligibility. APM policy - p 1 of 1 Requested City cornrmssion Meeting Dates [] July 17,2001 [] August 7,200l [] August 21, 2001 [] September 4, 2001 VIII,-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office July 5, 2001 (5:00 p.m.) July 18,200t (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 [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION:: Please place the request below on the October 2, 2001 City Commission agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended approval. There are no conditions of approval recommended. Upon approval of the amendments by the Florida DCA and adoption by the City of Boynton Beach, the final step in this process will be the adoption of a local ordinance relating to the process for concurrency review of local development applications by the Palm Beach County School District. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-188. EXPLANATION: PROJECT: APPLICANT: DESCRIPTION: Comprehensive Plan Amendments School Concurrency The City of Boynton Beach Request that: 1. the City Commission, acting as the Local Planning Agency, find the proposed amendments consistent with the Comprehensive Plan; and 2. the City Commission approve the proposed amendments for transmittal to the Florida Department of Community Affairs. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Develop4 ; Dee r Planning & Zoning/f)~ector City Attorney / Finance / Human Resources l:~.ql-IRDATAkPlmming~t-ludaon~SCHOOL CONCIJRRENCYXCC Ag~d~ dot DEVELOPMENT DEPARTMENT PLANNING A_ND ZONING DMSION MEMORANDUM NO. PZ 01-188 TO: Chairman and Members Planning and Development Board FROM: THROUGH: Dick HUdson Senior Planner Michael W. Rump~~' Director Of Planning ahd Zoning DATE: September 17, 2001 PROJECT DESCRIPTION Project: File No: Text Amendments to the City of Boynton Beach Comprehensive Plan Comprehensive Plan Text Amendment (CPTA 01-001) Proposed change: Additions to the plan include: · a "Public School Facilities Element" (Element I0); · goals, objectives and policies to the "Capital Improvements Element" (Element 9) relating to School Concurrency and levels of service for public education facilities; · Map series PS1.1-3.4 relating to School Concurrency; and · Support Documents BACKGROUND The 1998 Florida Legislature enacted legislation amending s.163.3180; F.S., establishing requirements for the optional implementation of public school concurrency. Additionally, legislation exempting plan amendments for the purposes of establishing school concurrency from the twice per year limitation on comprehensive plan amendments has allowed local governments to establish school concurrency through special amendment rounds at any ume. In September 2000, the City of Boynton Beach became the second municipality in Palm Beach County to approve the Interlocal Agreement for School Concurrency. The adoption of the proposed amendments to.the City of Boynton Beach COmprehensive Plan is a requirement of that interlocal agreement. The Public School Facilities Element (PSFE) provides coordinated planning among the County, local governments, and the School District to ensure that school capacity at the adopted level of service standard ~s available at the time of impact of residential development. Based on the requirements of Rule 9J-5.025, F.A.C,, the PSFE addresses related land development issues which impact education including levels of service for schools, school utilization, residential neighborhood proximity and compatibility, supporting public infrastructure and collocation of facilities, and financial feasibility. To implement school concurrency countywide, consistent Public School Facilities Elements are required to be adopted by each affected local government. Additionally, to establish school concurrency, amendments to the Capital Improvements Element (CIE) setting forth a financially feasible public schools capital facilities program, are required. These amendments, which are being processed concurrently in this special amendment round, ensure that the adopted levels of service will be achieved and maintained per 9J-5.025, F.A.C., 9J-5.016, F.A.C., and 9J-5.0055, F.A.C. Page 2 File Number: CPTA 01-001 School Concurrency Amendments PROJECT ANALYSIS The proposed amendments add a Public School Facilities Element (PSFE)(Element 10) to the City of Boynton Beach Comprehensive Plan, add maps to the Map Series, reference related policies in the Land Use Element and add definitions of public school terms. The proposed amendments to the Capital Improvements Element (CIE) (Element 9) provide for maintaining minimum levels of service standards for public school facilities, provide for a concurrency review process by adding th? School District of Palm Beach County to the list of service Providers and requiring the SChool Dis~ct S review of alt applications for residential development. The addition of Table 17, "School District of Palm Beach County Six-Year Capital Improvement Schedule;" sets forth a financially feasible public .schools capital facilities program. As a basis for school concurrency, the PSFE objectives and policies to ensure that space is planned for students and existing as well as ensure that financially feasible capital improvements are planned adequate to achieve and maintain the adopted LOS. The Element directs public schools siting to be coordinated with public facilities and infrastructure through a coordinated review of development proposals. The proposed PSFE, CIE and Map Series amendments are intended to address the criteria for establishing school concurrency set forth in Rule 9J-5.025, F.A.C. These requirements include: Providing adequate school capacity through a graduated (tiered) Level of Service for each type of public school, which includes elementary, middle, and high schools, until such time as a standard LOS of 110% is achieved and maintained; Establishing school Concurrency Service Areas (CSA) and/or ensuring adequate capamty in adjoining CSAs; Assuring school facility requirements are met through a financially feasible 5-Year Work Plan; Establishing mitigation measures for development proposals in order to ensure the adopted Level of Service is maintained; Providing intergovernmental coordination for siting schools to serve as focal points of residential development; the collocation of schools with other public facilities; and planmng population projections; Coordinating emergency preparedness issues; Establishing future conditions of maps depicting existing school sites, .areas of anticipated future school sites, ancillary facilities and Concurrency Service Areas (CSAs); and Providing definitions of public school terms. Section163.3177, F.S., requires that aH local governments include policies in their Comprehensive Plans to address public facility collocation and school siting in the Furore Land Use Element, as well collaborative planning in the Intergovernmental Coordination Element (ICE). These policies are to be in place prior to establishment of school concurrency; and were adopted on January 1'8, 2000, and found "In Compliance" on March 16, 2000. Additionally, to establish school concurrency, amendments to the Capital Improvements Element (CIE) setting forth a financially feasible public schools capital facilities program, are reqUired. These amendments, which are being processed concurrently in this special amendment round, ensure that the adopted levels of serVice will be achieved and maintained. Page 3 File Number: CPTA 01-001 School Concurrency Amendments CONCLUSIONS/RECOMMENDATIONS The proposed addition of a Public School F.acilities Element and amendments for school concurrency in the Capital Improvements Element establish a process intended to ensure that the capacity of schools is sufficient to support ~ the school district in con' for local that: 1. the City Commission, acting as the Local Planning Agency, find the proposed amendments consistent with the 2. Depamnent of EXHIBITS: 1. Proposed Public School Facilities Element 2.. Current Capitol Improvements Element with proposed amendments shown in underline 3. Proposed Map Series additions 4. Proposed Table 17 - School District of Palm Beach County Six Year Capital Improvement Schedule J:~ HRDATA~PlanningkHudson',SCHOOL CONCUR.R.EN~ repo~do~ CiW, of Boynton Beach Public School Facilities Element Goals~ Obiectives, and Policies Goal 10A PUBLIC SCHOOL CONCURRENCY It is a GOAL of the City, of Boynton Beach to provide for future availability of public school facilities consistent with the adopted level of service the constitutional system of free public schools on ~asls. Obiective IOA. 1 Level Of Service To ensure that the capaci ,ty of schools is sufficient to support student growth at the adopted leVel of service standard for each year of the five- year olanning oeriod and through the lon~ term planning period. Policy 10A. I.1 The LOS standard is the school's utilization which is defined as the enrollment asa percentage of school student capacity based upon the Florida Inventory o.f School Houses (FISH). The level of service (LOS) standard shall be established for all' schools of each type within the' School District as 110 percent utilizatiOn, unless' the school is the subiect of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that a particular school can operate in excess of 110% utilization. No school shall operate in excess of 120% utilization. The SCS shall be required if a school in the first student count of the second semester reaches 108 % or higher capacity. Policy 10A. 1.2 If, as a result of a School Capacity Study (SCS), a determination is made that a school will exceed 120% or cannot operate in excess of 110%, then the School District shall correct the failure of that school to be operating within the adopted LOS through 1) pro,am adjustments 2) attendance boundary adjustments or 3) modifications to the Capital Facilities Program. If, as a result of the SCS a determination is made that the school will exceed 110% and can operate within adopted ~tidelines, the Comprehensive Plan will be amended to reflect the new LOS for that school type in that CSA. Policy 10A. 1.3 The School Capacity Study (SCS) shall determine if the growth rate within an area, causing the enrollment to exceed 110 percent of capacity, is temporary or reflects an ongoing trend affecting the LOS for the 5 year planning period. The study shall include data which shows the extent of the exceedance a~tributable to both existing and new development. Notification shall be provided to the local government within whose jurisdiction the study takes place. At a minimum, the study shall consider: * Demographics in the school's Concurrency Service Area (CSA); City of Boynt0n Beach School Concurrency Amendments Amendments 01-SC1 10-1 Date:September, 2001 Public School Facilities Element Ordinance No. 01-00 · Student population trends;Real estate trends (e.g. development and redevelopment); · Teacher/student ratios; and · Core facili~ Policy 10A. 1.4 The adopted LOS standard shall become applicable to the entire County at servi, 'able 1.1-1 of this element (Table 1.1-2). Policy 10A. 1.5 shall be established on a less than district- Se Section of this' element. 1. The criteria, for Concurrency Service Areas shall be: Palm Beach County is divided into twenty-one CSAs. Each CSA r shall be delineated.considering the following criteria and shall Inter!ocal Agreement: a. student, transporting times, and future land uses in the area. b. 'or traffic-ways, natural barriers and county Each CSA shall demonstrate that: a. Adopted level of service standards will be achieved and maintained bo for each year of the five-year pl.anning period; and Utilization of school capaci _ty is maximized to' the greatest extent possible, taking into account transportation costs, court approved desegregation plans and other relevant factors. Consistent with s. 163.318 0( 13 )(c)2.,F. S., changes to the C SA boundaries shall be made only by amendment to the PSFE and shall be exempt fi.om the limitation on the frequency of plan amendments, Any prot~osedchange to CSA bOundaries shall require a demonstration by the School District that the requirements of 2(a) and (b), above, are met. Policy 10A. 1.6 The City Of Boynton Beach shall consider as committed and existing' the public school Capacity which is proiected to be in place or under construction in the first three years of the SchoOl DistriCt's most recently adopted Five Year Plan, as reflected in the Six Year Capital Improvement Schedule of the Capital City of Boyaton Beach School Concurrency Amendments Amendments 01-SC 1 10-2 Date:September, 2001 Public School Facilities Element Ordinance No. 01-00 Policy 10A. 1.7 Policy 10A. 1.8. Policy 10A. 1.9 Improvement Element of the City Of Bovnton Beach's Comprehensive Plan, when analyzing the availability of school capaci _ty and making level of service compliance determinations. The City Of Boynton Beach Shall amend Table 17 (Six Year Capital Improvement Schedule) of the Capital Improvement Element when committed facility capacity is eliminated, deferred or delayed, to ensure consistency with the School District Five Year Plan. For purposes of urban infill and in,reco.~_~.ition of the entitlement density prox;iSions of the City OfBoynton Beac~h s Future Land Use Element, the impact ora home on an existing single family lot of record shall not be subject to school concurrency. SchoOl conditions: flicarion of the duration of the followin~ School concurrency shall be suspended in all CSAs upon the occurrence and for the duration of the following conditions: · The occurrence of an "Act of God"; or · The School Board does not adopt an update to its Capital Facilities Plan by Septemberl 5th of each ~ year; or · The School District's. adopted update to its Capital Facilities Pro.am Plan does not add enough FISH capacity to meet proiected growth in demand for stations at the adopted level of service for all eachCSA; or · Plan is determined to be the State Department of EduCatiOn, or as defined by the isSUance of a Notice of Intent to Find an Amendment to a Capital Improvement Element not in compliance as or more of the CSAs pursuant School Concurrency shall be suspended within a particular CSA upon the occurrence and for the duratiOn for the following conditions: · CSA is twelve or more forth in the School District Capital suspended within that CSA and the adjacent CSAs ,' of school; or · utilization of school capacity by fl to exceed the adopted or · the first 3 years of the City of Boynton Beach School Concurrency Amendments Amendments' OI-SC 1 10-3 Date:September, 2001 Public School Facilities Element Ordinance No. 01-00 Capital Facilities Plan and that amendment causes the Level of Service to be exceeded for that type of school within a CSA, concurrency will be suspended within that CSA and the adiacent CSAs only for that t,~pe of school. 3. Once suspended, :for any of the above reasons, concurrency shall be' of Service be 5. Upon termination of the Interlocal Agreement the initiate a Obiective 10A.2 Facilities Requiremen~ To PrOvide for mitigation alternatives which are financially feasible and in each Policy 10A.2.1 Mitigation shall be allowed for those development proposals that cannot meet adopted .level of servic shall include options for each 1. Donation of buildings for use as a primary or alternative learning facility; and/or 2. Renovation of existing buildings for use as public school facilities; or 3. ConStrUction of permanent student stations or core capacity. The site plan for buildings being renovated pursuant to number 2 above, that are fifty years of age or older, shal! demonstrate that there are no adverse impacts on sites listed in the NatiOnal Register of Historic Places or otherwise designated in accordance with appropriate State guidelines as locally significant historic Or archaeolo~eal resOurces. Policy 10A.2.2 A development order shall be issued and mitigation measures shall not be exacted when the adopted level of service standard cannot be met in a particular concurrency service area, as applied to an application for a City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 10-4 Date:September, 2001 Public School Facilities Element Ordinance No. 01-00 development' order, if the needed capacity for the particular CSA is available in one or more contiguous CSAs. Obiective 10A.3 Six-Year Capital Improvement Schedule To ensure existing deficiencies and future needs are addressed consistent with the adopted level of service standard. Policy 10A.3.1 The City Of Boynton Beach, in coordination with the School District and other local governments, shall annually amend Table 17 of the Capital Improvement Element (School District of Palm Beach County Six-Year Capital Improvement Schedule), to mmntmn consistency w~th the School Board s adopted Five Yea p1an and t° maintain a financially feasible caPital improvements program and ensure that level of serVice standards will continue to be achieved and Goal lOB SCHOOL FA CILITY SITING AND DEVELOPMENT COORDINATION It is the GOAL.of the City Of Boynton Beach to maintain and enhance ioint planning processes and procedures for coordination of public education facilities for planning and decision-making regarding population prgiections, public school siting,: and the development of public education facilities concUrrent with residential development and Other services. Obiective 10B.1 School Facflitw Siting To establish a process of coordination and collaboration.between the CounW, lOcal governments~ and the School District in the planning and siting of public school facilities in coordination with planned infrastructure and public facilities. Policy 1 OB. 1.1 The City Of Bovnton Beach shall coordinate and provide for expedited review of development proposals with the School District during the development review process to ensure integration of public school facilities with surroUnding land uses and the compatibility of uses with schools. Policy 1 OB. 1.2 There shall be no si.m~ificant environmental conditions and significant historical resources ~)n a proposed site that can not be mitigated or otherwise preclude development of the site for a public educational facility. Policy 1 OB. 1.3 The proposed site shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepted plans of the .South Florida Water Management D~stfict, or any applicable Stormwater Utility or Drainage District. City of Boymon Beach School Concurrency Amendments Amendments 01-SC1 10-5 Date:September, 2001 Public School Facilities Element Ordinance No. 01-00 Policy 1 OB. 1.4 The proposed location shall comply with the provisions of the Coastal Zone Management Element of the comprehensive plan, if applicable to the site. Policy 1 OB. 1.5 to urban residential areas by: · Assisting the.SchOol District in i The City of Bovnton Beach shall encourage the location of schools proximate :onstruction 1-a residential land Policy 10B.1-6: The with withthe School District for the centers and Obiective 10B.2 IntergOvernmental Coordination To the School in coordinating land use plannin~ with ~1 facilities which are proximate to existing or serve as community Policy 10B.2.1 The City Of Boynton Beach shall abide by the "Palm Beach County Interlocal Agreement ~th Municipalities of Palm Beach County and the School District of Palm Beach County to establish Public School Concurrency", which was [ recorded with the Clerk of the Circuit ss.163.3 F.S. and 163.3180 F.S. Policy 10B.2.2 The TAG Public,: limited 2. 3. 4. the County, and the School District. The five member · of a Certified Public .Accountant, a General Contractor, and a planner, nominated by their establish The Technical includingbut not boundariesi City 6fBoymon Beach School Concurrency Amendments Amendments 01-SC 1 10-6 Date:September, 2001 Public School Facilities Element Ordinance No. 01-00 6. 7. School District Management Reports; and Operation and effectiveness of the Concurrency PrOgram; Program Evaluation Reports! Policy 10B.2.3 The City Of Boynton Beach shall provide the School District with annual information needed to maintain school concUrrency, including information required'for the School DistriCt to eStablish: 1. Sch°Ol siting criteria; 3. 4. 5. Level of service maintenance; capital facilities program; a criteria and standards; and Policy 10B.2.4 shall School District with its Use and population enrollment projections and Beach shall ;Land Use Map with the PS 3.1 and PS 3.2), to 'this Element. Policy 10B.2.5 The City Of Boynton Beach shall advise the School District of a proposed pubhc school s~te s consistency with the C~ty Of Boyuton Beach s Comprehensive Plan and lan~ development regulations, including the avatlabfl~tg of necessary pubhc infrastructure to support the development of the site. Policy IOB.2.6 The City Of Boynton Beach shall provide oppommity for the School District to comment on comprehensive plan amendments, rezonings, and other land-use decisions which may be projected to impact on the public schools facilities plan. Policy 10B.2.7 The City of Boynton Beach shall coordinate with local governments and the School District on emergency preparedness issues which may include consideration off 1. Design and/or retrofit of public schools as emergency shelters; 2. F. nhancing public 'awareness of evacuation zones, shelter locations, and evacuation routes; 3. Desi~ation of sites other than public schools as long term shelters, to allow schools to resume normal operations following emergency events. Obiective 10B.3 Population Proiections To establish a ]tint process of coordination and collaboration between the CRV Of Boynton Beach, Palm Beach CounW. and the School District in the planning and decision making on population proiections. City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 10-7 Date:September, 2001 Public School Facilities Element Ordinance No. 01-00 Policy lOB.3.1 The County shall convert the BEBR proiections into both existing and new residential units and disaggregate these units throughout incorporated and unincorporated Palm Beach County into each CSA, using BEBR's annual estimates by municipali _ty, persons-Per-household figures, historic growth rates .onsi>dering the adopted Future Land Use maps of Policy 10B.3.2 The Beach commits and the ections. The shall be and ,ed in City-of Boynton Beach School Concurrency Amendments Amendments 01-SC1 10-8 Date:September, 2001 Public School Facilities Element Ordinance No. 01-00 City of Boynton Beach Capital Improvements Element Goals, Objectives, and Policies Sanitary Sewer Goal 9.A The City of Boynton Beach shall maintain adequate capacity for treatment and disposal of wastewater, install and maintain adequate wastewater collection and transmission facilities, take steps to minimize wastewater flows and urban sprawl, and maintain sufficient and equitable financing to provide services for the sanitary sewer system's customers. Objective 9A.1 Prevention of Urban Sprawl. Development and redevelopment will be encouraged in areas presently served adequately by existing sanitary sewer facilities. Policy 9A. 1.1 Future development and redevelopment in the City shall take advantage of existing sanitary sewer facilities, wherever possible. Potable Water Goal 9B The City of Boynton Beach shall maintain adequate potable water treatment and distribution facilities. Objective 9B.1 The City shall take steps to minimize increases in demands and urban sprawl, and maintain sufficient and equitable f'mancing measures to provide services to potable water system customers. Policy 9B. 1.1 Adequate and Efficient Distribution Facilities. The City of Boynton Beach shall continue to provide distribution services to its potable water customers that are adequate to meet flow levels projected in the City's Water Master Plan. Policy 9B. 1.2 Water Conservation. The City of Boynton Beach will continue to minimize demands for water to reduce system expansion costs and the need for increased groundwater withdrawals. Policy 9B. 1.3 Equitable Fingncing of System Improvements. and Operations. The City of Boynton BeaCh shall continue to fund potable water system capital improvements, replacement and rehabilitation, and operation and maintenance costs such that costs are borne by system customers on the basis of the cost-of-service. City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-1 Date: September, 2001 Capital Improvements Element Ordinance No. 01-00 Policy 9B. 1.4 Prevention of Urban Sprawl. Development and redevelopment will continue to be encouraged in areas adequately served by existing water transmission and distribution facilities. Parks Goal 9C Objective 9C.1 Policy 9C. 1.1 Policy 9C. 1.2 Policy 9C. 1.3 Policy 9C. 1.4 Policy 9C. 1.5 Policy 9C. 1.6 Objective 9C.2 Policy 9C.2.1 Provide adequate open space and recreational facilities and programs to meet the~ needs of present and future residents, including seasonal visitors, and special groups such as the elderly and handicapped. By 2002, the City shall provide adequate automobile parking (excluding mini parks), bike rack facilities, and handicap access to all existing and planned, neighborhood and district parks operated by the City by the Year 2000, where aVailable space exists. The City shall continue to provide adequate automobile parking and bike rack facilities within all parks developed after the adoptiOn of this Plan. By2002, the City shall provide parking and bike rack facilities within all existing neighborhood and district parks. Facilities shall be monitored as part of the on-going maintenance effort and deficiencies corrected within 18 months. Private sponsorship of bike racks will be explored if City funding is inadequate. The City Shall continue to examine the extent of barrier-fi'ce access within neighborhood and district parks, and deficiencies will be addressed in a Plan that sets the. phasing and funding. The City shall amend the land development regulations to require that all future parks, and applicable facilities, include barrier-free ADA design for the handicapped to be retrofitted, if funds are available, three parks per year. The City shall provide, contingent upon County assistance or support, the Palm Tran Shuttle service for patrons of beach front parks. By 2002, the City will provide additional access to the Intercoastal Waterway. The City shah ensure additional public access to recreation sites by providing parks and recreation facilities using, in part, current population data and projections, summary/recommendations "D", proposed park development schedule, Table #2-Neighborhood Park Needs Analysis, Table #3-District Parks Needs and Analysis, and Table #4-Facility Needs Analysis. The City shall adopt the Level of Service standard for Neighborhood Parks as indicted in Table 2 and a LOS standard for District Parks of 2..5 acres per 1,000 persons (see Table 3 of the EAR). The City shall consider the level of service advisory standards for recreation facilities set forth in Table 7. The City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-2 Date: September, 2001 Capital Improvements Element Ordinance No. 01-00 Policy 9C.2.2 Policy 9C.2.3 Policy 9C.2.4 Policy 9C.2.5 Policy 9C.2.6 Policy 9C.2.7 level of service in Table 7 shall be evaluated pursuant to the data and analys~s which is required for the Capital Improvements Element,. pursuant to the Stipulated Settlement Agreement between the City and the Florida Department of Community Affairs. The following are advisory level of service standards for recreation facilities, as indicated in Table 7 shown below. Baseball/Soft. Youth - I per 15,000 persons, Baseball, Reg, - 1 per 25,000 persons, Basketball Courts - 1 per 3,000 persons, Beach FrOntage - 1.5 feet per 1,000 persons, Boat Ramps - 1 per 8,000 persons, Community Centers - 1 per 25;000 persons, Fitness Trails - per l 0,000 persons, Football/Soccer Fields persons, Golf- 1 per 30,000 persons, Handball/Racq. Courts - l per 10,000 persons, Picnic Areas - 1 per 6,00.0 persons, Playgrounds- 1 Practice Fields- I Combination Fields - 1 Shuffleboard Courts - I persons, Swimming Pools r 1 persons, and Tennis Courts - 1 For areas to be annexed, platted, developed, under development, or have approved development I Palm Beach County, the level of service at time of annexation shall be assumed to be that created by existing neighborhood park facilities serving the area. The City shall complete, or initiate, the development of facilities consistent with Table 2 - Neighborhood: Park Needs Analysis and Table 3 - District Park Needs Analysis. The City shall increase access to iparks and recreation facilities by providing lighting, or plan for the prohsiort of lighting through project phasing, for all future active-recreation/'acilities, iThe lighting design shall minimize impact on adjacent residents and shall be compatible with adjacent property owners. The City shall maintain, or inc[ease, the existing level of activities that comprise the City's contribution to the Community SChool Program. By 2002, the City shall initiate development of strategic neighborhood plans with parks as one component. The City shall coordinate the desi .~n and development of future neighborhood parks w~ith private recreation facilities in the respective neighborhoods. City of Boynton Beach School Concurrency Amendments Amendments 01-SC 1 9-3 Date: September, 2001 Capital Improvements Element Ordinance No. 01-00 Objective 9C.3 Policy 9C.3.1 Policy 9C.3.2 Policy 9C.3.3 Policy 9C.3.4 Policy 9C.3.5 Policy 9C.3.6 Objective 9C.4 The City shall increase the proportion of residential developments that provide private recreation areas, and require that future private recreation areas are developed and equipped so as to be the equivalent of a public neighborhood park. The City shall continue to enforce the Subdivision and Platting Regulations which require that all residential developments that exceed 100 dwelling units provide a private recreation area, unless however, public parks are located within one-half !mile from the project, which satisfies the 2.5 acre per 1000 residents LOS standard. The City shall continue to enforce specific criteria within the Subdivision and Platting Regulations that guide the development and facilitation of private park areas and/or private recreation facilities that are used to satisfy the requirements for receiving 50% credit toward the public park dedication requirement. The criteria shall require that the needs of residents are met in accordance with standards contained in this element. A study shall be conducted to determine the impact of this criteria, especially regarding the type and size of amenities that can receive partial impact fee credit. The City shall continue to require that all residents of a Planned Unit Development project have access to at-least a portion of the private recreation areas provided, unless similar public facilities are located within a one-half mile walking distance. A Planned Unit Development with private recreation areas will qualify for a 50% credit against the required impact fee. The City shall continue to require the dedication of sufficient land for a neighborhood park Site at the time that the following properties are rezoned or platted for residential use: Klatt Property, and the Sand & Sea Mobile Homes. If the need for public park acreage is not indicated at the above mentioned time, a fee shall substitute the dedication of land. Mandatory dedication is required when the public park is greater than 0.5 miles away. The City shall continue to require a minimum of 6 acres per 1,000 population park dedication, fees in lieu thereof equal to the value of the land to be dedicated, or a combination of fees and land. The City shall continue to enforce regulations, which require the dedication of lakefi'ont park sites in residential developments. Such recreation areas adjacent to water should be considered as minimum criteria for receipt of a 50% credit. The City shall provide public access to two native habitat si~es for the purpose of providing a nature study area by the year 2002 consistent with the development schedule for seacrest scrub. City Of Boymon Beach School Concurrency Amendments Amendments 0t-SC1 9-4 Date: September', 2001 Capital Improvements Element Ordinance No. 01-00 Policy 9C.4.1 In order to ensure the preservation of important natural areas and reservations, the City shall, by 2002, identify scrub sites to be developed as a nature study area and identify the appropriate public or private funding mechanism(s) or source(s) appropriate for such a scrub preservation project. Public School Facilities Goal 9D To provide for future availability of public school facilities consistent with the adopted level of service standard. This goal shall be accomplished mcomaizing the constitutional obligation of the school district to provide a uniform system of free public schools on a counpr~ide basis. Obiective 9D.1 To ensure that the capacitw' of schools is sufficient to support student growth at the adopted level of service standard for each year of the five- year planning period and through the long term planning oeriod. Policy 9D.1.1 The LOS standard is the school,s utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory_ of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the. School District as 110 pement utilization, unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that a particular school can operate in excess of 110% utilization. No school shall operate in excess of 120% utilization. The SCS shall be required if a.school in the first student count of the second semester reaches 108 % or hider capacity. Policy 9D. 1.2 The adopted LOS standard shall become applicable to the entire County at such time as the School District has achieved the countywide adopted level of service for all schools of each schOol type. In the interim, Table 1.1-1, of the Public School Concurrency Element, establishes the tiered level of service standards for each CSA by school type. Individual schools of each type may exceed the Tiered LOS standards during the period in which Tiered LOS are in effect. Each individnal school exceeding the Tiered LOS during that time shall not exceed the utilization standards for that school type as shown in the Maximum Utilization Table of the Public School Concurrency Element (Table iA-2). Goal 9t~E To ensure the orderly and efficient provision of all public services and I facilities necessary to serve existing and future local population needs. Objective 9OE. 1 To develop a comprehensive and coordinated funding strategy for the implementation of existing or anticipated capital improvement needs as identified in the adopted Capital Improvement Element, the local Comprehensive Plan or through other local planning efforts. City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-5 Date: September, 2001 Capital Improvements Element Ordinance No. 0 t-00 Policy 9DE. 1.1 Policy 9DE. 1.2 Policy 9D_E. 1.3 Policy 9DE. 1.4 Policy 9DE_. 1.5 Policy 9DE. 1.6 Objective 9DE.2 Policy 9DE.2.1 The City shall continue to maintain a local capital project review criteria which, at a minimum, objectively prioritizes projects on the basis of consistency with local comprehensive planning activities, cost feasibility and effectiveness, relative magnitude and term of need, intergovernmental commitments, the ability to take advantage of other jurisdictional capital improvements, and oVerall budget impacts. The City shall continue to recognize that capital expenditures necessary to maintain or improve existing facilities take precedent over expansion or anticipated future facility needs. The City shall monitor and evaluate the Capital Improvements Element on an annual basis and reaffirm the City's Capital Improvement Program in conjunction with annual budget deliberations and adoption. The City shall 'maintain budget review procedures which recognize needs and utilize priority criteria to fund capital improvement ,needs of the various Comprehensive Plan ElementS. The City shall annually update the Five Year Capital Improvements Program and accompanying Capital Budget and submit to the Commission a finalized Capital Improvements Program budget prior to January 1st of each calendar year. The Five Year Capital Improvements Program shall be consistent with' the data and analysis for the Capital Improvements which are required by the Stipulated Settlement Agreement between the City and the Department of Community Affairs. The City shall continue to require that development and redevelopment proposals are approved conditioned upon existing service availability or the programmed provision i of additional services at the adopted level of service standards and meet existing and future facility needs. The City shall maintain development review procedures and the land development regulations ensuring that all development proposals are consistent with the City's adopted l~vel of service standards. Where appropriate, these procedures and regulations shall provide for the-timely implementation of additional improvements. For public school facilities, the applicant for a Development Order or Development Permit which includes any residential component shall prOvide a determination of capacity by the School District of Palm Beach County that the proposed development will meet the public school facilities level of service. A determination bv the School District is not required for existing single family legal lots of record, in accordance with the Public School Facilities Policy 10A. 1.8 City 6fBoynton Beach School Concurrency Amendments Amendments 01-SC 1 9-6 Date: September, 2001 Capital Improvements Element Ordinauce No. 01-00 Policy 9D_E_.2.2 Policy 9~_E.2.3 Policy 9t~_E.2.4 Policy 9t~E.2.5 The City shall condition the approval of proposed development or redevelopment projects on the basis of project related service needs being concurrently available at the adopted level of service standards specified in Policy 9D.2.4. The City shall allow for phasing of development-related infrastructure improvements concurrently with project impacts on public facilities. The Level of Service (LOS) for capital facilities shatlbe: · for sanitary sewer - 90 gallons per day per capita: · for potable water - 200 gallons MDF per capita peak population: · for solid waste - 7.2 pounds per capita per day with bi-weekly pickup: for drainage - 3 Year design storm at watershed concentration time, (the time required for water to flow from the hydraulically most remote point in a basin to the basin outlet): · for drainage - Floor elevation above 100 Year storm (a minimum of six inches above the crown of any abutting road): · Level of Service "C" or better under daily and peak-hour conditions on all unspecified City local and collector highway facilities. Level of Service "C" for average daily and Level of Service "D" for daily peak season and year-round peak hour conditions on all non-specified arterial facilities. Level of Service "D" for year round daily and peak hour conditions on Seacrest Boulevard south of SE 23rd Avenue; US 1 between Boynton Beach Boulevard and Woolbright Road, 1-95 through the City, Boynton Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue between Congress Avenue and 1-95, Congress Avenue between Boynton Beach Boulevard and NW 22nd Avenue and for Boynton Beach Boulevard east of 1-95. · Level of Service - "Maintain" for all facilities where Level of Service standards have been exceeded. Capital improvements shall not be made which are inconsistent with the development and redevelopment policies concerning the coastali'iigh-hazard area. Capital improvements which reduce or eliminate existing public hazards shall be given priority as part of the annual and five-year evaluation of capital improvements projects. Capital improvements related to water and' sewer City of Boynton Beach School Concurrency Amendments Amendments 01-SC 1 9-7 Date: September, 2001 Capital Improvements Element Ordinance No. 01-00 service shall be based upon the assumption that all land within the utility service areas will eventually be developed for urban land uses served by central water and sewer, systems. Capital improvements related to parks, recreational facilities, roads, drainage, and solid waste shall be based upon the assumption that all land east of Lawrence Road will eventually be annexed into the City :and will be developed for urban land uses. Policy 9~_E.2.6 All development orders and permits shall require evaluation either by the applicant or by City staff to determine whether public facilities are available concurrent with the impacts of development. For minor projects and development of individual lots which are vested, this concurrency evaluation may be done on a cumulative basis at least once per year. Ail community redevelopment plans adopted by the City Commission shall include an evaluation of public facilities which, serve the redevelopment area to determine whether the levels of service contained in the Plan are met, and to examine sources of funding for any necessary capital improvements related to these public facilities. The City shall continue to coordinate capital improvement projects with plans I of agencies that provide public facilities within the City as follows: Boynton (C-16) Canal: In particular, the findings and recommendations concerning the primary drainage facilities shall be coordinated with the South Florida Water Management District and Lake Worth Drainage District. as a part of the creation of this master plan. The City's drainage master plan shall be coordinated with the drainage studies which will be conducted by the Lake Worth Drainage District. Intracoastal Waterway: The design of public facilities which are over, adjacent to, or in Lake Worth or the Intracoastal Waterway shall comply with the requirements of the inland Navigation District and the Army Corps of Engineers. State Highways (Interstate 95, Bo,ynton Beach Boulevard, U.S. Highway 1, State Road A1A) and the City's Future Traffic Circulation Plan (Table 20 of the Traffic Circulation Element Support Documents) shall incorporate all of the improvements to state highways which are listed in the Palm Beach County Transportation Improvement Program, and all of the improvements listed in The Florida Department of Transportation 5-Year Transportation Improvement Program. The City shall continue to require improvements by developers and/or payment of impact fees, in order to maintain the adopted City bfBoynton Beach School Concun'ency Amendments Amendments 01-SC 1 9-8 Date: September, 2001 Capital Improvements Element Ordinance No. 01-00 levels-of service on state highways, and shall require the dedication of the necessary right-of-way for state highways. Furthermore, the City shall continue to lobby Palm Beach County, the County Metropolitan Planning Organization, and the Florida Department of Transportation in order to ensure funding and construction of needed improvements to state highways. Public School Facilities. The City of Boynton Beach shall provide the School District with annual information needed to maintain school concurrency, including information required for the School District to establish: l. School siting criteria; 2. Level of service update and maintenance; 3. Joint approval of the public school capital facilities pro,am; 4. Concurmcy service area criteria and standards; and 5. School utilizati0n. Policy 9DE_.2.7 Priorities for replacement, correcting existing deficiencies~ and providing for future needs shall be made according to need. The need shall be determined by 'the City Council after recommendation by the Local Planning Agency. The list of priorities shall be reflected in the Capital Improvements Element such that the improvements needed first shall be implemented first. Issues related to public health shall receive first priority, issues related to providing the adopted level of service shall receive second priority, and all other additional issues shall be implemented as needed to maintain operational efficiency in the City. Policy 9~E.2.8 The ~City shall maintain levels of service for public facilities. development orders and permits shall be: Land conditioned upon the availability of public services, shall meet or exceed adopted level of service standards, and shall be consistent with the data and analysis for the Capital Improvement Element which is required by the stipulated settlement agreement between the City and the Department of Community Affairs. Objective 9I}E.3 The City shall continue to provide that private developers participate on a proportionate share basis in any facility improvement costs necessary to maintain level of service standards. Policy 9g~E.3.1 The City shall continue to require the performance bonding of project related utility or traffic circulation improvements necessary to accommodate the development of vacant parcels or substantial redevelopment of existing properties. Policy 9~E__.3.2 The City shall continue with the preference for the actual construction of adjacent site road improvements in lieu of impact fee payments. City of Boynton Beach School Concurrency Amendments Amendments 01-SC 1 9-9 Date: September, 2001 Capital Improvements Element Ordinance No. 01-00 Policy 9~E_.. 3.3 Objective 99E.4 Policy 9t~E.4.1 Policy 9D[.4~2 Policy 9g~E_-.4.3 Policy 9I~E.4.4 The City shall continue to enforce the land development regulations process for assessing new development on a pro rata share of the costs necessary to finance public facility improvements in order to maintain the adopted level of service standards specified in Policy 9D.2.4. Maintain a capital program that can be adequately accommodated by projected revenues or other financial resources. Capital Improvements shall be financed, and debt shall be managed, as follows: 1. Public facilities financed by enterprise funds (i.e., utilities, potable water, sanitary sewer, solid waste, and golf course) shall be financed by: a. Debt to be repaid by user fees and charges for enterprise service; or Current assets (i.e., reserves, surpluses, and current revenue, including transfers); or c. A combination of debt and' current assets. Public facilities which are financed by non-enterprise funds (i.e., roads, stormwater management, parks, library, fire service, police protection, and government buildings) shall be financed from current assets: Revenue, equity and/or debt. Specific financing of specific capital projects shall consider which asset, or group of assets, will be most cost effective, consistent with prudent asset and liability managemint, appropriate to the useful life of the project(s) to be financed, and efficient use of the local government's debt capacity. The City of Boynton Beach shall maintain a maximum cap for long-term general obligation debt, 10% of the total assessed value of both real and personal property within the City limits, This cap shall be adjusted annually to reflect the annual changes in the assessed value. There shall be no limitation on the use of revenue bonds as a percent of total debt service of the City. Where feasible, the City's Capital Program shall recogrdze specific funding sources for specific projects or project categories. The City will continue to maintain levels of service for public facilities and other comprehensive plan goals, objectives, and policies to be consistent with the data and analysis for the Capital Improvements Element as required by the Stipulated Settlement Agreement between the City and the Department of Community Affairs. City of Boynton Beach SchoOl Concurrency Amendments Amendments OI-SC1 9-I0 Date: September, 2001 Capital Improvements Element Ordinance No. 01-00 Objective 9OE_..5 The City will continue to utilize procedures for providing funding for capital improvements that can be adequately accommodated by projected revenues or other financial resources and provide for the public facility needs required by previously issued development orders or future development approvals. Policy 9~E,~5.1 The City shall maintain an inventory of projects with development orders which were issued prior to Plan adoption and itemize the public facility needs of each. Policy 9¢E.5.2 The following rules shall apply with respect to the vesting of land development orders and permits, insofar as compliance with Comprehensive Plan Goals, Objectives, and Policies and the provision of public facilities which meet the adopted levels Of service are concerned: A land development order or permit shall be construed to be vested with respect to compliance with the Comprehensive Plan Goals, Objectives, and Policies, and the provision of public facilities which meet the adopted levels of services if it meets any one of the criteria set forth under (a), (b), or (c) below: ao A Development of Regional Impact development order has been issued prior to the date of adoption of the Comprehensive Plan or the City has issued a final local development order and development has commenced and is continuing in good faith. The definition of development shall be that contained in Section 380.04, Florida Statutes. b. A development order or permit has been issued which meets any one of the criteria set forth under (1), (2), or (3) below: For development orders and permits for which a building permit only is required, and site plan approval and/or platting is not required: The development order or permit is for the construction of a single, family d~tached or duplex dwelling or addition to same, or conversion of a single-family dwelling to a duplex, on platted lots within subdivisions which were recorded prior to January 13, 1978. 2~ For development orders or permits for which site plan (which includes conditional use) approval is required and a building permit is required, but platting is not required: Construction of improvements on a parcel in accordance with a site plan (or conditional use) which has been approved for the parcel, and such approval, or any time extensions thereto, occurred prior to the date of plan adoption. Such pr6jects shall be vested until site plan approval or the last time extension for same lapses, including any revisions submitted during this time which do not increase the demand for public facilities compared to the original City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-11 Date: September, 2001 Capital Improvements Element Ordinance No. 01-00 Policy 9g~E. 5.3 Policy 9D_E.5.4 - project. Approval of any revisions shall lapse, however, when original site plan approval or last time extension lapses. Such projects shall be vested for future time extensions or for revisions that are submitted af[e.r.the site plan approval or last time extension lapses, or for any revisions to the extent that the demand for public utilities would be increased. A site plan shall be construed to have lapsed if an project is not submitted within one (I) year ofthe ~ For development orders or permits for which both platting and a building permit are required, or for which platting, site plan approval, and a building permit is required, the following shall' be vested: All development orders and permits within a subdivision for which the master plan was approved or time extension for same was approved Prior to the date of Comprehensive Plan adoption', until the subdivision master plan approval or the last time extension lapses, including any revisions submitted during this time which do not increase the demand for public facilities compared to the original project. Approval of any revision shall lapse, however, when the original master plan or last time extension lapses. A project shall not be vested for future time extensions or for revisions that are submitted after the subdivision master plan or last time extension lapses, for any revisions to the extent that the demand for public facilities increases. A subdivision master plan shall be construed to-have lapsed if a preliminary plat for the first phase of the project is not submitted within 18 months of the date of master plan approval, or the final plat for the first phase of the project has not been submitted within 1 year of the date of approval of the preliminary plat, or construction of the required ,improvements for the plat of the first phase of the project has not commenced within 1 year of the dat~ that the plat is recorded. Co Projects which were the subjects of court orders regarding land use, zoning, planning, use or development of a parcel Development orders or permits which are the subject of or required by suer court orders shall be construed to be vested for as long as the court order remains in effect. The City may adopt more restrictive criteria for vesting with respect to (a) and (b) above, in its code of ordinances, or concurrency management system, but shall not adopt less restrictive criteria for vesting. The City shall maintain a maximum debt capacity in constant dollars based on I establishment of the proper debt service ratio prior to June, 1990. The City shall continue to enforce in its Concurrency Management Ordinance, I the provisions which address and ensure the availability of public facilities to City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-12 Date: September, 2001 Capital Improvements Element Ordinance No. 01-00 serve development projects for which development orders were issued prior to the effective date of the City's Concurrency Management Ordinance, as follows ("exempt" projects shall be defined as those projects which are not required to demonstrate that concurrency requirements have been met, in order to proceed): a. Potable Water Populations of exempt projects shall be taken into account in determining whether level of service would be met for new projects and projects which are not exempt. New projects or projects which are not exempt shall not be such approved or permitted if such approval or permitting would cause the level of service not to be met. b Sanitary Sewer Populations of exempt projects shall be taken into account in determining whether the level of service would be met for new projects and projects which are not vested. New projects or projects which are not exempt shall not be approved or permitted if such approval or permitting would cause the level of service not to be met. c. Drainage Demand for drainage facilities which would be created by exempt projects shall be taken into account in determining whether the level of service would be met for new projects and projects which are not vested. New projects or projects 'which are not exempt shall not be approved or permitted if such approval o[ permitting would cause the level of service not to be met. Exempt projects shall be required to comply with any drainage requirements of the South Florida Water Management District, Lake Worth Drainage DistriCt, and City which were in effect at the time the project was approved. d. Solid Waste Populations of exempt projects shall be used in determining whether the level of service would be met for new projects and projects which are not exempt. New projects or projects which are not exempt shall not be approved or permitted if such approval or permitting would cause the level of service not to be met. e. Recreation Facilities Populations of exempt projects shall be taken into account in determining whether the level of service would be met for new projects and projects City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-13 Date: September, 2001 Capital Improvements Element Ordinance No. 01-00 which are not exempt. New projects or projects which are not exempt shall not be approved or permitted if such approval or permitting would cause the level of service not to be met. Existing or approved private recreation facilities serving exempt residential projects shall not be reduced in number and/or size below the adopted levels of service for such facilities. f. District Park Acreage Populations of exempt projects shall be taken into account in determining whether the level of service would be met for new projects and projects which are not vested. New projects or projects which are not exempt shall not be approved or permitted if such approval or permitting would cause the level of service not to be met. g. Neighborhood Park Acreage 1. For Projects in the City: For existing or exempt project which have 2 or more private recreational facilities which service the project, neighborhood park facilities shall be considered to have been provided, and the number and/or size of these recreation facilities shall not be reduced below the adopted levels of service for such facilities. Existing or approved recreation areas or parks serving exempt residential projects shall not be reduced below the adopted levels of service for neighborhood parks. For neighborhoods and projects which do not meet the criteria set forth in paragraph (1) above, populations of exempt projects shall be used in determining whether the level of service would be met for new projects and projects which are not exempt. New projects or projects which are not exempt shall not be approved or permitted if such approval or permitting would cause the level of service not to be met. However, any project for which neighborhood park and recreation facilities are provided in accordance with Policy 5.5.1 shall be construed to not affect the availability of neighborhood park and recreation facilities for any other projects. 3. For Annexed Areas and Projects: For areas which are platted, developed, under construction, or have development plans which have been approved by P~ilm Beach County, and are subsequently annexed, neighborhood parks shall be those which were provided Or required by Palm Beach County. Existing or approved recreation areas or parks serving exempt City of Boynton Beach School Concurrency .~'nendments Amendments 01-SC1 9-14 Date: September, 2001 Capital Improvements Element Ordinance No. 01-00 Objective 91~E.6 Policy 9~E.6.1 Policy 9I~E.6.2 Objective 99E.7 Policy 9~E.7.1 residential projects shall not be reduced below the adopted levels of service for neighborhood parks. h. Roads Traffic generation from exempt projects shall be used in calculating background traffic for new projects and projects which are not exempt, in accordance with the Palm Beach County Traffic Performance Standards Ordinance. Road improvements and road impact fees which were required as a condition of the approval for exempt projects shall continue to be requlh:ed. Use the Capital Improvements Element as a means to meet the needs of the City for the construction of capital facilities to meet existing deficiencies, to accommodate desired future growth and to replace obsOlete or worn-out facilities. The Capital Improvements Program will be reviewed annually to meet the I needs of the City. The City shall enforce the concurrency management system to ensure that public facilities and services needed to maintain adopted levels of service standards are available concurrent with the impacts of development. The concurrency management system shall follow the guidelines and meet the requirements established in Rule 9J-5.0055, F.A.C. The City shall establish formal procedures to limit public expenditures that subsidize development in the coastal high-hazard area. The City shall continue to enforce the policy that limits subsidizing development in the coastal high hazard area defined as the barrier island and all areas within two blocks of the Atlantic Intracoastal Waterway between Northlake Boulevard and the Broward County Line by formulating a Post-Disaster Redevelopment Plan that address the extent of rebuilding after a major storm event. The purpose of the Plan would be to identify any areas of the' coastal high hazard area that would be restricted or developed in an alternative manner. The Post-Disaster Redevelopment Plan should be completed prior to the Five Year Comprehensive Plan update. City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 9-15 Date: September, 2001 Capital Improvements Element Ordinance No. 01-00 PROPOSED MAP SERIES AMENDMENT The following maps are PS 1.1 PS 2.1 PS 3.1 PS 3.2 PS 3.3 and PS 3.4 to be added to the Comprehensive Plan Map Series. The Concurrency Service Areas (CSA). Existing location of public school facilities by type and existing location of ancillary plants. - School Facility Locations Future conditions map depicting the planned and conf'm'ned sites of public school facilities by type and ancillary plants by year for the five-year planning per/od - Planned Additional Capacity (Confirmed Sites) Future' cOnditions map depicting the general location of planned schools facilities without confirmed sites and ancillary plants by year for the five-year planning period - Planned Additional Capacity (Unconfn-med Sites) Future conditions maps depicting the general location of planned school facilities for the end of the long range plaiming period based on projected Additional Facility Demand. City bfBoynton Beach School Concurrency Amendments Amendments 01-SC1 September, 2001 Support Documents Ordinance No. 01-00 -*~' A ~:: n,,- '-'3 Z 0 r St ~ 0 C~ ~ o .ooooooooo~e~ ~ // ::::::::::::::::::::: / / / / Table 17 School District of Palm Beach Six Year Capital Improvement Schedule. In order to prov/de compatible financial: feasibility between the School District's Five Year Plan and the City of Boynton Beach's required 6-Year Capital Improvement Program, the School District's Five Year Plan was extended to project revenues and expenditures for a sixth year in the initial planning period. This information in total is being added to the Capital Improvement Element Support Documents of the City's Comprehensive Plan. City of Boymon Beach School Concurrency Amendments Amendments 01-SC 1 September, 2001 Support Docaments Ordinance No. 01-00 _~o SUPPORT DOCUMENTS PUBLIC SCHOOL.FACILITIES ELEM-ENT I. S~Y REPORT A. BACKGROU'N'D The t 998 Florida Legislature enacted legislation amending s. 163.3180, F.S., establishing requirements for the optional implementation of public school concurrency. Additionally, legislation exempting plan amendments for the purposes of establishing school concurrency from the twice per year limitation on comprehensive plan amendments has allowed local governments to establish school concurrency through special amendment rounds at any time. The Public School-Facilities Element (PSFE) provides coordinated planning among the County, local governments, and the School District to ensure that school capacity at the adopted level of service standard is available at the time of impact of residential development. Based on the requirements of Rule 9J-5.025, F.A.C., the PSFE addresses related land development issues which impact education including levels of service for schools, school utilization, residential neighborhood proximity and compatibility, supporting public infrastructure and collocation of facilities, and financial feasibility. To implement school concurrency countywide, consistent Public School Facilities Elements are required to be adopted by each affected local government. B. Tl:rg~ PROPOSED AMENDMENTS 1. Intent and Summary The proposed amendments add a Public School Facilities Element (Element 10) to the City of Boynton Beach Comprehensive Plan, add maps to the Map Series, reference related policies in the Land Use Element and add definitions of public school terms. As a basis for school concurrency, the PSFE contains Goals, Objectives and Policies to ensure that space is planned for students and existing deficiencies are corrected, as well as ensure that financially feasible capital improvements are planned adequate to achieve and maintain the adopted LOS. The Element directs public schools siting to be coordinated with public facilities and infrastructure through a coordinated review of development proposals. The proposed PSFE, and Map Series amendments are intended to address the criteria for establishing school concurrency set forth in Rule 95-5.025, F.A.C. These requirements include: Providing adequate school capacity through a graduated (tiered) Level of Service for each type of public school, which includes elementary, middle, and high schools, until such time as a standard LOS of 110% is achieved and maintained; Establishing school Concurrency Service Areas (CSA) and/or ensuring adequate c. apa,city in adjoining CSAs; Assuring school facility requirements are met through a financially feasible 5-Year Work Plan; City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 September, 2001 Support Documents Ordinance No. 01-00 Establishing mitigation measures for development proposals in order to ensure the adopted Level of Service is maintained; Providing intergovernmental coordination for s/ting schools to serve as focal points of residential development; the collocation of schools with other public facilities; and planning population projections; Coordinating emergency preparedness issues; Establishing future conditions of maps depicting existing school sites, areas of anticipated future school sites, ancillary facilities and Concurrency Service Areas (CSAs); and Providing definitions of public school terms. Section163.3177, F,S., requires that all local governments include policies in their Comprehensive Plans to address public facility eolloca, tion and school siting in the Future Land Use Element, ~ well collaborative planning in the Intergovernmental Coordination Element (ICE). These peiicies are to be in place prior to establishment of school concurrency; and were adopted on ~Ianuary 18, 2000, and found "In Compliance" on March 16, 2000. Additionally, to establish school concurrency, amendments to the Capital Improvements Element (CIE) setting forth a financially fe.asible public schools capital facilities program, are required. These amendments, which are being.processed concurrently in this special amendment round, ensure that the adopted levels of service will be achieved and maintained. 2. Unified Land Development Code Implications This proposed amendment will result in subsequent amendments to the provisions for concurrency in the City's land development regulations. Specifically, this amendment will require that public school facilities be added to Concurrency Requirements 'in Chapter 1.$, Article VI. A countywide ordinance will be adopted (applications of Public School Facilities Concurrency countywide) and applied in accordance with the Interlocal Agreement. C. ISSUE AND DATA/ANALYSIS SUlVl/VlARY As demonstrated in Appendix'H, the proposed amendments will satisfy the requirements of Rule 95- 5.025(2),F.A.C. and Rule 95-5.005(2), F.A.C. The primary source of the data and analysis i~ the School District of Palm Beach County, based on the FY2OO1-FY200.~ Five Year Plan and Ftr 2001 Capital Budget, June 2000 (Five Year Plan). A tiered range and average Level of Service (LOS) for schools is established in School Board Policy 7.13.1.B. - School Plant Capacity Level of Service. In order to implement school concurrency through specific concurrency service areas (CSA) rather than on a countywide basis, the School District has reassembled the Five Year Plan existing planning data and analysis into each of the twenty-one proposed CSAs, as shown in Appendix A of the current Five Year Plan. AdditionallY, to provide compatible financial feasibility between the School District's Five Year Plan and t~t,a County's required 6- Year Capital Improvement Program, the School District's Five Year Plan.was exl~lad to project revenues and expenditures for a sixth year in the initial planning period. This info~;~ti0n in,total has been added to the Capital Improvement Element Support Data of the City's C,~=~prehensire Plan as: Table 17 - School District of Palm Beach County Six Year Capital Improwment Schedule. City of Boynton Beach 2 September, 2001 School Concurrency Amendments Amendments 0 I-SC 1 Support Documents Ordinance No. 01-00 1. Overv~.'ew. Palm Beach County, the School District of Palm Beach County, and 26 participating local governments within the school district have chosen to implement public school concurrency, requiring each local government to adopt consistent comprehensive plan amendments. The amendments include the following: The proposed Public Schools Facilities Element and the accompanying data and analysis to meet the minimum criteria for the Element set forth in Rule 9J-5.025, F.A.C., for the purpose of imposing school concurrency. It is intended to assure coordination among theCounty, local governments, and the School District so that school capacity at the adopted level of service standard is available at the time of the impacts of development. Applicable definitions are included as a part of this support document. The Capital Improvement Element to incorporate a financially feasible capital improvement plan) for school concurrency:~setting forth a six,year financially feasible public school capital facilities program that demonstrates that the adopted levels of service will be achieved and maintained. The Comprehensive Plan Map Series to incorporate fournew maps depicting the proposed Concurrency Service Areas (CSA) and other information required by the rule. These amendments are proposed for the Special Amendment Round 01-SC1. The proposed Plan amendments for school concurrency are submitted along with an executed InterlocaI Agreement which satisfy the requirements of § 163.3177(6)(h)1 and 2., F.S., and § 163.3180(13)(g),F.S., establishing processes for intergovernmental coordination and collaborative planning among the School District, the County and the 26 participating municipalities. The Public School Facilities Element (PSFE) and related comprehensive plan amendments to establish public school concurrency are based upon the following data and analysis pursuant to requirements of Rule 95-5.005(2), F.A.C. and Rule 9]'-5.025(2), F,A.C. The principal source of data and~nalysis is provided by the School District of Palm Beach County in its adopted FY2001-FY2005 Five Year Capital Facilities Plan and FY 2001 Capital Budget, ]'une 2000. (Appendix C - Under Separate Cover) School District of Palm Beach County FY 2001-2005 Five Year Plan and FY 2001 Capital Budget (Five Year Plan). The School District facilities and capital requirements are presented in the adopted FY2001-2005 Five Year Plan and FY' 2001 Capital Budget (Five Year Plan) pursuant to s. 235.185 Florida Statutes, and the Educational Plant Survey. The Five Year Plan) describes the status of the existing facilities, economics, and enrollment Ixends of the School District. Each planning zone depicts its area's schools grouped by school type. Special Schools with district-wide boundaries are grouped in Planning Zone 19. Additionally, the Five Year Plan presents school facility planning, considering the District's facilities' goals, capital requirements and funding mechanisms. The Five Year Plan is organized to present facilities information by high school planning zones .for the purpose of determining em'ollment, capacity calculations, and educational program' considerations with evaluations of each facility's issues. Further, the Five Year Plan provides descriptions of the School District's budgeted projects. Revenue s~ourees are also discussed in the document along with alternative funding options. The Five Year Plan details each school facility's existing enrollment, the existing School Student Capacity (1 ISH), and existing level of service (LOS) (% of utilization) within the high school planning zones. Demographic information and enrollment projections are provided in the Five Year Plan, with acronyms def'med either in Chapter 1 or the Glossary of Te~ms. City of Boynton Beach School Concurrency Amendments Amendments 01 -SCl September, 2001 Support Documents Ordinance No. 01-00 3. Six Year Capital Improvement Schedule. In order to provade compatible financial feasibility between the School District s Five Year Plan and th City of Bo~;nton Beaehis required &year Capital Improvement Program, the School District's Fiv. e Year Plan This of the 17 - S Si~ ~ear Capital B. SERVICE AREAS - SCHOOL CONCURRENCY SERVICE AREAS (CSA) For the purposes of measuring school concurrency on a less than district-wide basis, twenty-one (21) Concurrency Service Areas The Interlocal Agreement directs , within a CSA to achieve the adopted LOS , ~ do not exceed those set in School Board Policy and secondary schOOls. 1. Concurrency Service Area Map. Pursuant to Rule 95-5.025(4)(e), F.A.C., school concurrency service areas which are less than district- wide must be depicted in the Comprehensive Plan. One of the proposed maps in the Comprehensive Plan Map Series, Map PS1.L depicts the School Concurrency Service Areas (CSA). 2. Criteria to establish Concurrency Service Areas. The physical boundaries of the CS,as are delineated in Appendix G of this document. For school concurrency service areas on a less than district-wide basis, Palm Beach County is divided into twenty- one CSAs. The CSA boundaries are described as bounded by section lines, major traffic-ways, natural barriers and county boundaries. In addition, each CSA boundary was delineated considering school locations, student-transporting times, and to a lesser extent the future land uses in the area. Consistent with § 163.3180(13)(c)2,, F.S., changes to the CSA boundaries shall be made only by amendment to the PSFE Support Document and are exempt from the limitation on the frequency of plan amendments. 3. Concurrency Service Area Tables. Based on the District's Five Year Plan, the S~hool District Planning Zones (high school planning zones) data was used to create the CSA tables to present capacity, projected enrollment, and utilization of thc School District's facilities as required by Rule 95-5.025(2)(e) and Rule 9I-5.025(3)(c)7, F.A.C., for School Concurrency (See Appendix A). The twent~y-one CSAs have been developed consistent with § 163.3180(13)(c)2., F.S., required when hhe school concurrency service area is less than district-wide. The CSA tables have also been added as an appendix to the current Five Year Plan. Under the title of each table there is a reference to the SChool Disirict Planning Zones where the reformation was taken from and where detailed data is depicted. Each CSA Table presents a specific CSA with its schOOl facilities by type. As depicted on the CSA Tables,. the data requirements for portions of Rule 95-5.025(2) Co), (c) and (e), F.A.C., for the PSFE are specifically addressed in each CSA. City of Boynton Beach 4 September. 2001 School Concurrency Amendments Support Documents Amendments 01-SC1 Ordinance No. 01-00 The CSA Table.~ provide the following schools data by CSA and by school tTpe consistent with Rule 9J- 5.025, F.A.C.: (1) The projected enrollment, capacity and projected level of service (% of utilization) by year for the six year planning periOd. (2) The targeted actual LOS of 110% is achieved countywide in school year 2004-05. (3) The total projected school facility surpluses and deficiencies by year for the six- year planning penod based on projected enrollment by school type. Enrollments, capacities and utilizations are shown adjusted per year as the school improvements are anticipated to be completed. (4) The means by which the enrollment is stabilized and the adopted LOS is attained through redism"bution of students by boundary adjusUnents or school construction or other capital improvements. (5) The school facilities planned for each CSA to accommodate projected enrollment at the Tiered Level of Service (LOS) standard each year projected for the first four-year period, then at the adopted LOS for the fifth year iof the initial planning period. School utilization does not excee~l the targeted 110% LOS in the sixth year. (6) The notes provided at the bottom of each CSA Table page describe the provision of school facilities by type to be newly opened or modernized to provide for future enrollment or enrollment relief for existing schools within the CSA and schools in adjoining CSAs. Further analysis, Of the adequacy of the level of service conditions is located ~ithin the School Dis~'ict s FY2®I-FY2005 Five Year Plan and FY 2001 Capital Budget, June 2000 (Five Year plan). As indicated in the CSA Tables, the program and boundary adjustments necessary to effectively utilize capacity may occur at any time. Ce SCHOOL DISTRICT OF PALM BEACH COUNTY DISTRICT-WIDE LONG RANGE PLANNING Enrollment. In the 2000-01 school year, the School District serves 151,000 K-12 students through regular and special programs and partnerships in a variety of facilities. There are more than 147,000 students served in schools with boundaries and/or magnet programs at regular schools measured in the Concurrency Service Area Tables in Appendix A. The Table Enrollment Capacity & Shortfall/Surplus for 04/05, 09/10, &19/20 (Appendix B), provides information regarding total projected enrollments and corresponding school facilities needed for each CSA to accommodate the adopted level of service standard for the end oft_he initial five year period and long range planning period of ten and twenty years, The tables.list the total enrollments, ~apa~ity, and shortfall or surplus by school type District-wide. Population shifts which may result in adjustments to school attendance zones and CSA'total enrollments, require the School District to determine the number of school facilities needed district-wide. Based onthe total long range projected enrollment for each type of school, the table shows the projected facilities needed district-wide for elementary, middle and high schools. City of Boynton Beach School Concurrency Amendments Amendments 0t-SC 1 September, 2001 Support Documents Ordinance No. 0 l-0n The CSA Tables also reflect the 2,147 students enrolled in alternative and special schools. Students are assigned to these schools without regard to attendance zones. In addition, the CSA Tables show 728 students participating in programs not based in School Distrmts Facilities. 2. Additional Capacity and Ancillary Plants. For the end of the initial planning period, the required Map Series PS 3. I and 'PS 3.2 depict the locations of proposed schools with confm'ned :hools without confn'med sites. Additionally, MaF range facility demand maps - PS 3.3 and PS 3.4 show on projected population. The facilities required for meeting yet budgeted. Based on the School District's Five Year Plan, no ancillary plants will be converted to school facilities for school concUrrency pUrPoses. Similarly, the Five Year Plan shows the School District has no plans to convert any school facility to an'ancillary plant. Additionally, the School D/strict is not planning an expansion of any ancillary Currently, centers house a adults. 'education, Area offices, Centers operate out of two ancillary plants. These that serve preschool children through l Second Chance Programs, adult ; also utilized for School District measurement of school concurrency. 3. School Attendance Zones. Existing district-wide sChool attendance zones for each school facility are provided by school type on School Attendance Zone Maps (Appendix E). 4. District-wide Programs - Special, Alternative, and Supplemental Programs. The School District of Palm Beach County offers a range of special, alternative, and supplemental educational programs on a district-wide basis. In the Five Year Plan, the planning zone entitled "Planning Zone 19: Special, Alternative, and Supplemental Programs" analyzes a variety of programs offered in the special and alternative school setting. These programs operate at the discretion of the School Board in a range of different facilities with district-wide boundaries. The number of students served, where they are housed, and integration with the regular programs, are all choices driven by District policies and budgets. Planning for these programs is an essential component to long range planning for school buildings. Special programs affect school enrollment, capacity, utilization and building design. The alternative and special schools serve more than 2,100 students. Students are assigned to these programs without regard to attendance zones. The enrollment in the programs is projected to be stable for the S-year planning period. Facilities Plans and recommendations to accommodate these programs during the next five. years are to be completed for the FY 2002-2006 Five Year Plan. They will ideniify where programs are will be located, how many students will be served at each facility, and other special facilities needs. City of Boyntou Beach 6 Sepie~er, 2001 School Concurrency Amendments Amendments 01-SCl Support Documents Ordinance No. 01-00 5. Charte.'r Schools Charter schools are considered public schools that operate under a special charter with a school district. A charter school sets its own attendance criteria and selects its own facilities. The State provides funding through a separate formula for its operating and capital budgets directly to the charter schools; therefore, charter schools are not included in the School District's Capital Plan. For the purposes of school concurrency, charter schools cannot be used to determine capacity for residential development. In the 2000-01 school year, 9 charter schools serve 709 students. New applications for additional charter schools have been received for school year 2001-02 that may serve up to a total of 2,800 students. 6. Population District-wide - Projected Enrollment. The projected district-wide school enrollment is based upon the demographic and economic profiles developed by the County which establish the basis for:projecting capacity requirements through the initial five year planning period and th~ end of the long range ~planning period, consistent with Rule 9L 5.025(2)(b), F.A.C. The School'District has experienCed an annual enrollment growth of 5% since 1985. This is an average annual increase of approximately 5~000 students each school year. This annual growth rate will be moderated over the next five years. Figures 2 through 6 on pages 1-3 and 1-4 of the School r FY 200 1 Capital Budget, Amc 2000 (Five Year Plan)pn demographic and economic profiles. Over the nexr5 Yea projected to increase by +/-10,000 students to nearly ~60 tracked the general population trends. Generally, the ave and high school age range are expected to continue for · Palm Beach County's geographic area ~s approyama ely, square miles of unincorporated areas and thirty-seven mc county has a total population of more than 1.025 milliOn more than 465,000 and an incorporated population ofne~ doubled in population every 20 years, ~ the 2000 pop~ greatest impact on the School District, of the 1.062 r~illi¢ 28 ~ of the population ~s under the age of 24. The CounV, growth rate of 2.24% exceeding the state's rate of 2.09% University of Florida Population Studie~, 1999. "POPU. DIsTRIBuTION T02015" and Profile and 1998 and i9~. Building Department, Planning Division) ,istrict's FY200 I-FY2005 Five Year Plan and ~sent enrollment projections based upon rs, the School District's K-12 enrollment is 000. The total enrollment figures have closely rage annual enrollment increases in the middle e next three years. ,023 square miles. It is comprised of 1,739.4 dcipalities within 283.6 square miles. The 1 1998, with an unincorporated population of ly 560,000. Since 1940, the County has nearly lation estimated at 1,062,400. Creating the ~ persons who reside in Palm Beach County, s population continues to have an annual (Source: Florida Statistical Abstract, 1996 ATION GROWTH PROJECTION AND ), Palm Beach County, Planning Zoning and 7. Population Determination. The Bureau of Economic and Business Research (BEBR), at the University of Florida, develops population estimates and projections for each of the municipalities within Palm Beach County. These are ~he official estimates and projections widely used for planning purposes by both the public and private sectors. However, local planning studies generally req~./r~ smaller area estimates and projections (less than a jurisdiction level) for the evaluation of specific impacts on a local target area. To this clad, the PBC Planning Division, over the past five years, has develo~ped and refined a population disaggregation model to distribute BEBR's medium range population project~ons and annual estimates to smaller geographies, namely, the Traffic Analysis Zones (TAZ)used by the Metropolitan Planning Organization (Iv[Po). By . modeling projected population in local areas, the Plannir/g Division provides insight into the direction anti location of growth within the County. City of Boynton Beach 7 September, 200 l School Concurrency Amendments Support Documents Amendments 0 I-SC 1 Ordinance No. 01-00 The Bureau of ~conomic and Business Research (BEBR) projects that the County population will grow by approximately 22,000 persons per year during the planning period. The County'., and has gation Sub- Area Map 1: North Central South Glades Beach Boulevard area south of Boynton Beach Boulevard area west of 20 mile bend Pro ection Distribution Based on'Ado 2ted Land Use qans: North, Central South and Glades 1990 1996 2005 2015 Areas pop %of tdta] pop % of tota~ pop %of total pop %of total 4onh 145,657 17~ 173,289 18~ 231,841 20% 300,698 22% Central 388,031 45~ ' 438~214 45~ 511,212 44'z 589,533 43% South 293,265 34~A 333,037i' 34% 384,896 33% 434,249 32°A Glades 36,565 4¥~ 37~53 4% 42,351 4~ 49,320 4°A Total Pop 863318 981,793 1,170,300 1,373,800 The disaggregation model indicates that, given the development pattern currently anticipated on adopted Future Land Use maps, population increases will occur throughout the County with almost 40% of total projected growth locating in the central portion of the County. Population growth in the northern portion of the county will increase in the comingI years and exceed growth anticipated in South County, though the southern portion of the County is still e~p~ted fo have significant population inet'ease, primarily in the West Boynton area. The Glades is expected to have limited population increases. Another aggregation evaluation performed was'an east to west split. Four areas were established depicted on the Disaggregation SUb-Area Map 2: 1. Area east of 1-95 2. Area between 1-95 and the Turnpike 3. Area west of the Turnpike 4. the Glades. Due-to the convergence ofi-95 and the Turnpike north of PGA, the FEC railroad and the Loxahatchee Slough are used as respective boundaries in place of 1-95 and the Turnpike. Population Distribution Based on Adopted Laud Use Plans: East to W~st 1990 1996 200~ 2015 Areas Pop % of total , Pop % of total Pop % of total Pop % of total East of 1-95 296,400 34oA 318,754 32% 344,439 29% 370,580 Between 1-95& 397,781 46~ 456,034 46% 541,255 46% 631,849. 46% Turnpike , 23% West of Turnpike 132,77i 15~ ,169,753 17% 242~55 21~A 322,051 .9lades 36,565 4~ 37~.53 4~A 42,351 4°A 49,320 total popul,tiou 863718 981,793 , 1,170,300 1,373,800 City of Boynton Beach 8 September, 200 i'" School Concurrency Amendments Amendments 01-SC 1 Support Documents Ordinance No. 01-00 The model pred.'icts that 46% of future population growth will occur between the Turnpike and 1-95. 15% of the County's projected population increase will occur east of 1-95. Furthermore, 37% of the projected population increase will occur west of the Turnpike. Only 8. Population Based School Surpluses and Deficiencies. The Five Year Plan provides short term projections (1-5 years) and long t¢~rn district-wide enrollment projections by school type (1-20 years). Short term projections rely upon the utilization of the Cohort Survival Method. This Model uses enrollment clara bY grade and by facility, factoring in growth and roiling students forward through the schools by grade. Long term projections are based on the ?opulation Dissagregation Model developed by Palm Beach County Planning. This model establishes the bases for projecting capacity requirements through the initial five year planning period and the end of the tong range planning period, consistent with Rule 9J-5.025(2)(b) F2A.C. The results are cross-verified and compared for variations. (See Enrollment Projections Outline below) 9. Facility Demand. The projected additional facility demand for longi range planning ofpubhc school facilities by CSA and school type is depicted on required future eonditions. Maps PS 3.3 and: 3.4. Using existing and projected population, the ~sting and l~rojeCted SchOOl facili~ diStrict-wide surpluses and ~leficiencies by year for the five-year planning period a~d for the end of the_long range planning period of the County, are presented in Appendix B, These.sU~luses and deficiencies are listed by CSA, representing projected seats needed (capacity demand). City of Boynton Beach School Concurrency Amendments Amendments 01-SC 1 September, 2001 Support Documents Ordinance No. 01-00 Disaggregafion Sub-Area Maps 1.'and 2: City o f Boynton Beach 10 School Concurrency Amendments Amendments 0 I-SC1 Septe~uber, 2001 Support Documents Ordinance No. 0 l-O0 ENROLLMENT PROJECTIONS OUTLINE USING COHORT SURVIVAL AND GIS FOR SHORT & LONG TERM PLANNING IDATA SOURCES: I STUDENT DATA BY AREA, ADDRESS & FACILITY POPULATION DATA AND PROJECTIONS BY AREA (other data: births, certificate of occupancy, development projects, program changes, other) ~ROJECTION ~ODEI..S: COHORT SURVIVAL MODEL (SHORT TERM -1 to $ years) Uses enrollment data by grade ,by Facility, factors in growth and rolls Student forward by grade. AREA PROJECTION MODEL (LONG TERM - 1 to 20 years) Uses enrollment data collected by area & population data by area generated by PZB of PBC & BEBR with GIS to integmta student data with best available source~ for population projections. ENROLLMENT PROJECTIONS DEVELOPED USING ACCEPTED METHODOLOGY & BEST AVAILABLE SOURCES, INCORPORATES VARIATION BY FACIUTY AND GEOGRAPHIC REGION City of Boynton Beach School Concurrency Amendments Amendments 01-SC 1 11 September, 200 l Support Documents Ordinance No. 01-00 D. LEVEL OF SERVICE ANALYSIS The School District's FY2001-FY2005 Five Year Plan and FY 2001 Capital Budget, June 2000 (Five Year Plan) provides .s of the adec of service for each school facility within the facilities in order to Rule 9J-5 025(2)(d) F A.C. School 5.( CSA. : Schools ~ (CSA Tables) schools contained in each 1. Enrollment Distribution. The public school enrollment in_- Palm Beach County indicates a range of facihty utilization fi.om under capacity to significantly over capacity as measured against the Florida Depaxt,,ent of Education Inventory of School Housing (FISH). The 2000-2001 Five-Year Plan shows existing school utilization ranging from a Iow of 43% (C.D. Eisenhower Elementary) to a high of 204% (Acreage Pines Elementary) of capacity for elementary schools; middle schools range from 78 (Lakeshore Middle) to159% (Lantana Middle); and high schools from 70% (Jupiter High) to167 % (Atlantic High) of capacity. The general diStffbution of student em'ollment across Palm Beach County shows north County middle and elementary schools at (or moderately over) capacity, and the high schools w/th generally lower enrollments. These Schools are w/thin the Concun'ency Sex'v/ce Areas (CSA) 1-6~ There is a moderate growth rate in north County schools; however, the Abacoa area is expected to add significant student growth to this area of the County in the next five years. Recently, development applications for the former MacArthur Foundation lands in northern County, are proposing lower densities, which traditionally generate a lower number of students. Enrollment in the eastern-central portion of the County (within CSAs 8, 9, 11, 12, 14 and 15) is stable, but many schools are over capacity with moderate growth in enrollment expected to continue. Schools in the central-western portion of the County are operating above capacity and enrollment is expected to grow rapidly as development is anticipated within CSAs 10, andl6. The south-central port/on of the County is s/gnificanfly over capacity, with all school types being impactedl within CSAs 17, 18, 19 and 20. This area's enrollment is expected to continue to grow, particularly on the western portion of these CSAs that are expected to grow rapidly with family oriented homes. The sOuthern section_ of the COunty shows SChool enrollment moderately above capacity, but. expected to stabilize with/n CSA 2.1. The School District Considers the western portion (Glades) of the County to have stable enrollment. 2. Schools 35 Years Old or Older. The School District performed an educational adequacy and physical condition analysis on 42 schools that are 35 years old or older. The study provides a basis for a determination of priority for capital improvements through FY2005 for modernization of facilities. The older facilities include 5 high schools, 5 middle schools, 26 elementary schools, 4 special alternative schools, and 2 full service centers. The schools' assessments are described in executive summaries prepared by Vanderweil Facih'ty Advisors, and Song and Assoc., et al. Copies of these documents are held at ~e City of Boynton Beach's Planning and Zoning Division and will be part of the Support Documents of the PSFE. City of Boynton Beach School Concurrency Amendments Amendments 01-SC 1 12 September, 2001 Support Documents Ordinance No. 01-00 3. School:Facility Utilization - Level of Service Standards. School Board Policy 7.13 addresses the School Plant Capacity Level of Service (LOS). It requires the School District to maintain equitable levels of service for the District's schools. The School Board policy describes a range of enrollment per FISH capacity (LOS) from underutilized, 90% or less, to critically overcapacity (151% or more). The. policy sets the District's goal for school utilization to between 90% and 110% of each school's FISH capacity, not to exceed 120%. The following policies in the PSFE determine the LOS robe used for school Concurrency, addressing how to implement the target LOS and the tiered LOS, and: how to conduct School Capacity studies to make LOS detem-dnationS for indiv/dual schools that may go beyond the adopted LOS. Target Level of Service Standards As a requirement for school concurrency, the Interlocal Agreement establishes the countywide goal for LOS as 110% ofFISH capacity. The LOS standard is the school's utilization, defined as the enrollment as a perc~entage of school student capacity based upon the Florida Inventory of School Houses (FISH). The Interlocal agreement also establishes that no school can operate in excess of 120% utilization, once the target LOS standard is achieved. 1. School Capacity Study The Inteflocal Agreement requires a School Capacity Study (SCS) if a school in the first student count of the second semester exceeds 108% ofFISH capacity. The Technical Advisory Group (TAG) is required to conduct a SCS to determine if the specific school can operate at a LOS exceeding 110%,: though no school shall be permitted to operate at a LOS greater than 120% of FISH, ; in the 2004-2005 school year. The study must consider the CSA; student population trends; core facility capacity; real estate trends and teacher student ratios. 2. Technical Advisory Group The Interlocal Am'cement establishes an independent and representative group appointed by the Coun , S~hool I~istrict, and municipalities to function as a resource to the County, School District, and municipalities. The TAG shall conduct studies and make recommendations regarding the five year and long range work program, facility utilization, and CSA adjustments to enhance joint planning and ensure that the School District's Work Plan and Capital Facilities Program provide a financially feas~le plan to add enough capacity to provide permanent student stations for the projected growth. In summary, this policy establishes the district-wide target level of service standard of 110% utilization]or 120% subject to the results ora SCS undertaken by the School District to determine if a schooli can operate in excess of 110%. Finally, no school shall be permitted to operate at a LOS greater than 120% ofFISH capacity begirmmg with the 2004-2005 school year, when the target LOS of 110% must have been reached countywide. City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 120% Implementation This poi'icy lays out the procedure that needs to be followe.d when. .a. SnoC/_S. de. te ,r~es_that, sc_h.ool will exceed the 120% utilization, once the target LOS stanctaro ott tu?o as m pi. ace..to co.rrec~ the failure the School District would have to mak~ program adjustments, attenctance oounaary 13 Sepiember, 2001 Support Documents Ordinance No. 01-00 adjustr;3ents or modifications to the Capital Facilities Program. ARer those adjustments are made and the SCS determines that the school exceeding the 110% standard can operate within the guidelines established by the school d~smc s adjustments, then the Comprehensive Plan needs to be amended t° reflect the neTM LOS standard for the school type in the corresponding CSA. School CapaCity Study Criteria Po Tiered Level of Service Section 163.3180(12)(b)3, F.S., provides the option of tiered LOS standards for schools to allow time to achieve an adequate and desirable LOS. The Interlocal Agreement establishes tiered levels of service for each school type based on School Board Policy 7.13, which shall be in place until such time the School DisWict has achieved 1 I0% LOS. In order to achieve a district-wide LOS of 110%, overcapacity will be addressed through the financially feasible school construction program identified in the Five Year Plan and the CIE Table -17. The CSA Tables show a need for a tiered LOS for the school years until 2004-2005. Policy. IOA. 1.4 of the PSFE and Table 1.1-1, below, establish such a gered LOS as an interim measure by facility type within each CSA, where enrollment is projected to exceed: the 110% long term standard. To determine the appropriate interim LOS, utilization by facility type in each CSA was projected. In those CSAs where utilization exceeded the 110% standard, adjoining CSAs were examined to detemaine if the needed Capacity was available consistent with the requirements of s. 163.3180(c)(3 ), F~S. The resulting analysis yielded the appropriate interim LOS by facility type for each CSA and the schedule by which the 110% utilizatioo LOS will be achieved. Additionally, in order to establish a consistent maximum limit for individual schools exceeding the adopted LOS standard, during the period in which the interim LOS are in effect, Table 1.1-2, below, entitled Maximum Utilization Table, was created along with additional language under Policy 1.l-cl. The additional language states that each individual school exceeding the adopted LOS standards cannot exceed the utilization standards for that school type as indicated in the new table. The table shows the standards for the maximum utilization of capacity by facility type per CSA for each of the next six school years. To determine these standards, the maximum percentages of utilizati6n per year and school type depicted in the CSA tables were analyzed. The resulting analysis yielded the appropriate maximum percentage of utilization by facility type per CSA. City of Boynton Beach School Concurrency Amendments Amendments 0 I-SC I 14 Sepi=mber, 2001 Support Documents Ordinance No. ,01-00 .Table 1.1-1 Standards for Tiered Level of Service CSA ] Facilit~ TypeI 2000-01 t 2001-02 I 2002-03 t 2003-04 Elementary 120 110 I Middle 130 125 110 High 110 Elementary 110 2 Middle t t30 130 110 Elementary 1 ~0 3 Middle 130 130 High 115 115 F-lementary 115 110 4 Middle 130 130 ' 110 Elementary 110 5 Middle' 130 130 i 115 110 High 135 135 130 130 110 Elementary 110 I 6 Middle 130 130 120 110 High 120 120 120 110 Elementary 110 8 Middle 130 130 125 115 110 High 125 125 : 120 115 110 Elementary 110 9 Middle 125 125 125 115 110 High 120 120 120 1 I0 Elementary 135 120 I 10 10 Middle 125 125 12:5 125 110 I , High · 120 120 120 110 City of Boynton Beach School Concurrency Amendments Amendments 0 l-SC1 15 September, 2001 Support Documents Ordinance No. 01-00 [ CSA I F~cility Type ] 2000-01 [ 2001-02 I 2002.-03 ] 2003--04 I 2004-05 ~ 2005-06 Elementary t35 133 110 11 ]Middle 125 125 125 110 Elementary 140 130 120 I 15 110 12 Middle: ~ 135 135 135 115 [ 110 High 135 135 135 120 1 I0 Elementary 125 I25 115 1 t0 14 Middle 135 135 135 115 110 High 1,35 130 130 115 110 ~lementary 135 135 115 115 110 125 15 Middle 125 125 110 High t35 132 135 110 I ~i Elementary 130 115 10 16 Middle 120 120 120 115 1 I0 High ~ 135 135 135 120 Il0 Elementary 130 125 110 17 Middle 135 130 130 110 120 110 High 145 120 Elementary 120 115 115 115 110 18 Middle 120 120 120 120 110 High 145~ 120 120 115 ! 110 Elenmntary 110 19 Middle 110 High 165 130 130 130 110 Elementary 110 20 i Middle 125 110 High 165 130 130 130 110 Elementary I 15 110 21 Middle 125 125 125 110 High 125 125 125 [ 15 110 City of Boynton Beach 16 September, 2001 Support Documents School Concurrency Amendments Ord/nance No. 01-00 Amendments OI-SCI CSA ] Facility Type ] 2000-01 t 2001-02 t 2002-03 t 2003-04 I 2004-05 tl 2005-06 Elementary 110 22 Middle 110 High 110 Elementary 110 23 ~ Yfiddle 110 High 110 County Alternative wide Schools I 10 Source: Based on data depicted in the School District of Palm Beach County FY20OI-FY200$ Five Year Plan and FY 2001 Capital Budget, June 2000, and t_he actual count of students in the second semester of the 2000-01 school year. City of Boynton Beach School Concurrency Amendments Amendments 01-SC I 17 September, 2001 Support Documents Ordinance No. 01-00 Table 1.1-2 M_AXEHUM U'I~IT, ATION TABLE: Standards for Utilization of Capacity CSA Fa,-ili~ Type 2000-01 [ 2001-02 2002-03 2003-04 2004-05 2005-06 Elementary 165 I 125 ~ ' 125 120 120 !20 I Middle 130 125 120 120 120 120 High 120 120 120 120 120 120 Elementary 120 120 120 120 120 ] 120 2 Middle 130 130 120 120 120 i20 120 120 High 120 120 120 120 Elementary 120 120 · 120 120 120 120 · 3 Middle 130 130 120 120 120 120 High 120 120 120 120 120 120 Elementary 155 150 120 120 120 120 4 Middle 135 135 120 120 120 120 High 135 135 130 130 120 120 Elementary 155 150 120 120 120 120 5 Middle 140 135 120 120 120 120 High 135 135 130 130 120 120 Elementary 155 145 120 120 120 120 6 Middle ~ 135 135 120 I20 120 120 High 120 120 120 120 120 , 120 El~aenlary 160 160 160 145 120 120 8 Middle 135 135 135 130 120 120 High 120 120 120 120 120 120 Elementary 120 120 120 120 120 120 9 Middle 135 135 135 130 120 120 High 120 120 120 120 120 .120 Elementary 205 165 120 120 120 120 10 Middle 135 135 135 135 120 120 High 120 120 120 120 120 120 City of Boynton Beach School Concurrency Amendments Amendments 01 -SC 1 18 September, 2001 Support Documents Ordinance No. 01-00 CSA FacHityType 2000-01 2001-02 · 2002-03 I 2003-04 2004-05 2005-06 ]Elementary 245 245 120 120 120 120 Il i Middle ~ 125 .125 120 120 120 120 High 125 125 120 ' 120 120 120 Elementary 150 150 125 120 ' 120 120 4 ' 12 Middle 145 145 I 5 125 120 120 High 135 135 lB5 120 120 120 I Elementary ' 140 135 175 130 120 120 14 Middle 145 145 145 125 120 120 1~ 120 High 165 120 0 120 120 Elementary 180 180 1~5 140 120 120. 15 Middle 130 130 1~5 120 120 120 High 135 I35 135 120 120 120 Elementary 200 120 1~0 120 '120 120 16 Middle 140 125 125 125 120 120 High 135 135 135 120 120 120 Elementary 205 205 125 '125 . 120 120 17 Middle 175 175 175 120 120 120 High 145 120 120 120 120 120 Elementary I30 120 120 120 120 120 18 Middle 130 130 130 130 120 120 High 160 120 120 120 120 120 Elementary 120 120 120 120 120 120 19 Middle 120 120 120 120 120 120 High 170 135 135 135 120 120 Elemenmry 140 140 140 135 120 120 20 Middle 130 120 120 120 120 120 High 170 145 145 I 130 120 . 120 Elementary [65 145 120 120 120 120 21 Middle 155 155 155 120 120 120 High [ 120 120 -i20 City of Boynton Beach School Concurrency Amendments Amendments 01-SCl 19 September, 2001 Support Documents Ordinance No. 01-00 CSA Facility Type 2000-01 2001-02 2002-03 i 2003-04 2004-05 2005-06 Elementary 120 120 120 120 120 120 120 120 , 22 Middle . 120 120 120 120 High 120 120 120 , 120 :120 ' 120 Elementary 300 120 120 1'20 120120 :23 Middle 120: 120 120 : 120 120 120 I20 120 120 i20 COunty Alternative 120 ' Wide SchoOls 120 i20 120 ~ 120 , 120 Source: Based on data depicted in the School District of PaJm Beach County FY2001-FY200$ 'Five Year Plan and FY 2001 Capital BUdget, JUne 200~} City of Boynton Beach School ConCurrency Amendments Amendments 01-SC1 20 Seplember, 200 l Support Documents Ordinance No. 01-00 4. Schoo~ Capacity Availability The School District's Six Year Capital Improvement Schedule, depicted on CIE Table -17, assures that funding for construction of planned school facilities is available in the fa'st three years of the adopted Plan. The City of Boynton Beach may not deny a development permit authorizing residential development where adequate school facilities will be in place or under actual construction within three years. Within the initial six-year planning period, the CSA Tables show assured construction within the first three years. This is consistent with § 163.3180.(13)(e), F.S., to provide a dependable school capacity availability when evaluating LOS determination. 5. Development Rights The impact of a single family home on an existing lot of record is considered to have minimal impact on schools and is therefore exempte, d fi:om LOS restrictions. 6. Public Infrastructure ~nd Collocation. The analysis of the problems and opportunities consistent with Rule 9J-5.025(2)(f), F.A.C., suggests that the School District is both a service (infrastructure) provider with a level of service determination, and a developer, requiring infrastructure to meet concurrency to proceed with construction of schools. The City of Boynton Beach will assist the School District in the determination of site locations proximate to required infrasmlcture in an effort to reduce costs. Additionally, the City of Boynton Beach will work with the School District in identifying funding for the provision of supporting infi:astmcmre, such as water, sewer, roads, drainage, sidewalks and bus stops for existing and proposed public school facilities. To assist in containing costs, the City of Boynton Beach shall allow schools as a permitted use in all residential land use categories and encourage the collocation of schools proximate to the residential development which they will serve. The City of Boynton Beach adopted on January 18, 2000, an amendment to the Furore Land Use Element to comply with the requirements of § 163.3177(6)(a), F.S., calling for the provision of opportunities to collocate schools with facilities, such as libraries, parks and community centers. Map PS 3.2 (Map Series) depicts the budgeted planned additional school capacity which do not have confurned sites. The CSA Tables show that these projected schools will bring significant relief to over- utilized schools within the next five years. To coordinate school siting with the City of Boynton Beach's development review process in a timely manner, an alternative and expedited review is provided through the City of Boynton Beach's Interlocal Agreement, Agreement Number R2000 0808, with the School District. The oppommity for the City of Boynton Beach to review possible school sites prior to acquisition, allows for a multi-agency, expedited review of all potential school locations. Due to the growth in the County's Rural and Exurban Tiers, the central western communities offer few potential school sites collocated with community facilities. Infrasmacmre is limited in these areas consistent with their more rural development pattern. E. FINANCIAL FEASIBILITY Data and analysis in support of the financial feasibility of the school concurrency program is described in the corresponding amendments to the Capital Improvements Element. City of Boynton Beach School Concurrency Amendments Amendments 01-SC1 21 September, 2001 Support Documents Ordinance No. 01-00 F. IiNTE .RGOVERNMENTAL COORDINATION The Intergovernmental Coordination Element (ICE) has been amended to address the requirements for for decision -making on school siting. The ICE and coordination Beach County. The following definitions are added to comply with the minimum criteria for the Public School Facilities Element for school concurrency and are consistent with Rule 9J-5.025(1), F.A.C. City of Boynton Beach 22 Sep~,-ber, 2001 School Concurrency Amendments Amendments 0 I-SC1 Support Documents Ordinance No. 01-00 DEFINITIONS ANCILLARY PLANT - Facilities to suppor~ the educational program, such as warehouses, vehicle maintenance, garages, and administrative buildings. CORE FACILITY - Those facilities which include the media center, cafeteria, toilet facilities, and circulation space of an educational plant. DISTRICT SCHOOLS - All District owned regular, elementary, middle, high schools, magnet and special educational facilities. EDUCATIONAL PLANT SURVEY - A study of present educational and ancillary plants and the determination of future needs to provide an appropriate educational program and services for each student. FLORIDA INVENTORY OF SCHOOL HOUSES (FISH) - The report of permanent school capacity. The FISH capacity is the number of Students that may be housed in a facility (school) at any given time based on using a percentage of the number of existing satisfactory student stations and a designated size for each program according to s. 235.15, Florida Statutes. In Palm Beach County, permanent capacity does not include the use of relocatable classrooms (portables). PUBLIC SCHOOL CONCURRENCY SERVICE AREA OR "CONCURRENCY SERVICE AREA" - The specific geographic area adopted by local govLmaments, within a school district, in which school concurrency is applied and determined when co/acurrency is applied on a less than district-wide basis. City of Boynton Beach School Concurrency Amendments Amendments 0 I-SC1 23 September, 2001 Support Documents Ordinance No. 01-00 Concurrency Service Area (CSA) Boundary Description The Palm Beach County School District is divided into twenty one CSAs for school concurrency. The ~ described in the following pages as bounded boundaries consistent with s. 163.3180(1! made by plan amendment and exempt from CONCURRENCY SERVICE AREA DESCRIPTIONS DESCRIBED AS BOUNDED BY: #1 NORTH SOUTH EAST W Sr The Martin / Palm Beach County Border Donald Ross Rd [kc #2 NORTH SOUTH EAST WEST The Martin / Palm Beach County Border Donald Ross Rd and the South Section Line of Sections (using T-R-S) 41-42-21.41-42-20. 4142-19. 41-41-24. and 41-41-23. then Southwest along the eenterline of the C-18 canal to the Bee Line Hwy -Florida's Turnpike -Bee Line Hwy #3 NORTH SOUTH EAST WEST Donald Ross Road The South Section Line of Sections (using T-R-S) 42-43,10. 42-43-09. 42-43-08.42-43-07. and 42-42-12. East of Military Tfl. then South along Military Trl to Northlake Blvd. then West along Northlake Blvd to Florida's Turnpike The Atlantic Ocean Florida's Turnpike //4 NORTH SOUTH EAST WEST City of Boynton Beach The South Section Line of Sections (using T-R-S) 4142-21.41-42-20. 41-42-19. 41-41-24. and4141-23, then Southwest along the C-18 Canal to the Bee Line Hwy. then Northwest along the Bee Line Hwy until the intersection of Bee Line Hwy and the West Section Line of Section 4141-18 Northlake Blvd West to Grapeview Blvd. North along Grapeview Blvd to the South Section Line of Section (using T-R-S) 4241-08. then West along the South Section Line of Sections 42-41-08 arid 4241-07 Florida's Turnpike The West Section Line of (using T-R-S) 41-41-18 South of the BeeLine H3ff. and the West Section Lines of Sections 41-41-19.41-41-30. 41-41-31.42-41-06. and 42-41-07 24 Sepie._--_._.ber, 2001 Support Documents School Concurrency Amendments Ordinance No. 01-00 Amendments 01-SC 1 #5 #6 NORTH SOUTH EAST WEST NORTH SOUTH EAST WEST The South Section Line of Sections (using T-R-S) 42-43-10, 42-43-09, 42-43-08, 4243-07, and 42-42-12 West to Military Trl The South Section Line of Sections (using T-R-S)42-43-34, 42-43-33, 42-43.32, 42-43-31, and 42-42-36 West to Military Trl The Atlantic Ocean Military Tfl Northlake Blvd The South Section Line of Sections (using T-R-S) 42-42-36 West of Military Trl, 42-42-35, 42-42-34, 4242-33, 42-42-32, and 42-42-31 Military Tfl The West Section Line of Sections (using T-R-S) 42-42-18, 42-42-19, 42-42-30, and 42-42-31 #8 #9 NORTH SOUTH EAST WEST NORTH 'SOUTH EAST WEST The South Section Line of Sections (iasing T-R-S) 42-43-34, 42-43-33, 42-43-32, 42-43-31, and 42-42-36 West to Military Td The North Line of the South Half of Sections (using TRS) 43-43-23, 43-43-22, 43-43-21, 43-43-20, 43-43-19, and 43.42-24 East of Military Tfl The Atlantic Ocean Military Tfl The South Section Line of Sections (using T-R-S) 42-42-36 (West of Military Trl), 42-42-35, 4242-34, 42-42-33, 42-42-32, and 42-42-31 The North Section Line of Sections (using TRS) 43-42-24 West of Military Trl, 43-42-23, 43-42-22, 43-42-21, 43-42-20, and 43-42-19 Military Trl The West Section Line of Sections (using T-R-S) 43-42-06, 4342-07, 43-42-18, and 43-42-19 North of the South Line of the North Half #10 NORTH Northlake Blvd West to Grapeview Blvch North along Grapeview Blvd, then West along the South Section Line of Sections (using T-R-S) 42-41-08, and 42-41-07, then South along the West Section Line of 42-41-18 until intersecting with the Canal generally delimiting the Northern extent of The Acreage and the Southern extent of the J. W. Corbett preserve, West along the centerline of the Canal through the center o f Sections 42-40-13, 42-40-14, 42-40-15, 42-40-17, and 42-40-18, then North alOng the East Section Line of Section 42-39-13 to the North Line of the South Half of Section 42-39-13, then West along the North Line of the South Half of Section 42-39-13 to the West Section City of Boynton Beach School Concurrency Amendments Amendments 01-SC 1 25 September, 2001 Support Documents Ordinance No. 01-00 SOUTH EAST WEST Line of Section 42-39-13 Southern Blvd West of 441, West to the West Section Line of Section (using T-R-S) 43-40-33 The East Section Line of Sections (using T-R.S) 43-41-01, 43-41-12. 43-41-13.43-41-24. 43.41-25, and 43-41-36 South to Southern Bird South Section Line of Section ) 42-40-31 and West o f the West Section Line of Section 43-40-08, the West $ : Section 43-40-08 South t' Sections 43-40-16, 43-40-21, 31vd #11 NORTH SOUTH EAST WEST The l~orth Line of the South Half of Sections (ming TRS)43-43-23, 43-43-22, 4343-2I, 43-43-20, 43-43-19, and 43-42-24 East of Military Trl The South Section Line of Sections (using T-R-S) 44-43-02, 44-43-03, 44-43-04, 4443-05, 4443-06, and 44-42-01 East of Military Tfl The Atlantic Ocean Military Tfl #12 NORTH SOUTH EAST WEST The North Section Line of Sections (using TRS) 43-42-24 West of Military Trl. 43-42-23, 43-42-22, 43-42-21, 43-42-20. and 43-42-19 The South Section Line of Sections (using T-R-S) 44-42-01 West of Military Tfl, 44-42-02, 44-42-03, 44-42-04, 44-42-05, and 44-42-06 Military Tfl The West Section Line of Section (using T-R-S) 43-42-19 South of the North Line of the South Half, and State Rd 7 #14 NORTH SOUTH EAST WEST The South Section Line of Sections (using T-R-S) 44-43-02, 44-43-03, 44-43-04. 4443-05, 4443-06, and 44-42-01 East of Military Trl The South Section Line of Sections (using T-R-S) 44-43-26, 44-43-27, 44-43-28, 44-43-29, 44-43-30. and 4442-25 East of Military Trl The Atlantic Ocean Military Trl #15 NORTH SOUTH EAST WEST The South Section Line of Sections (using T-R-S) 44-42-01 West of Military Trl, 44-42-02, 44-42-03, 44-42-04, 44-42-05, and.44-,42-06 The L- 14 Canal Military Trl State Rd 7 City of Boynton Beach 26 September, 2001 Support Documents School Concurrency Amendments Ordinance No. 01-00 Amendments O1-SC1 #16 NORTH SOUTH EAST WEST Southern Blvd West of 44~ West to the West Section Line of Section (using T-K-S) 43-40-33 The South Section Line of Sections (using T-R-S) 44-41-25, 44-41-26, 44-41-27, 44-41-28, 44-41-29, and 44-41-30 East of the L-40 Canal U.S. Hwy 441 / State Kd 7 The L-40 Canal and the West Section Line o£Section 43-40-33 South of Southern Blvd #17 #18 NORTH SOUTH EAST WEST NORTH SOUTH EAST WEST The South Section Line of Sections (using T-R-S) 44-43-26, 44.43-27, 44-43-28, 44-43-29, 44-43-30, 44-42-25, 44-42-26, and 44-42-27 East of logRd .The Boynton Canal The Atlantic Ocean Jog Rd The L-14 Canal West to the Florida Turnpike, then North along the Turnpike to the South Section Line of Section (using T-R-S) 44.41-29, then West along the South Section Line of Sections 44-42-30, 44.41-25, 44-41-26, 44-41-27, 44-41-28, 44-41-29 and 44-41-30 East of the L-40 Canal The Boynton Canal Jog Rd The L-40 Canal #19 NORTH SOUTH EAST WEST The Boynton Canal The South Section Line of Sections (using T-R-S) 46.43-03, 46-43-04, 46-43-05, 46-43.06, 46-42-01, 46-42-02, 46-42-03, 46-42-04, 46-42-05, 46-42-06, State Rd 7 South to the South Section Line of Section 46-41.01, West along the South Section Line of Section 46-41-01 extended to the L-40 Canal The Atlantic Ocean The L-40 Canal g20 NORTH SOUTH The South Section Line of Sections (using T-R-S) 46.43-03, 46.43-04, 4643-05, 46.43-06, 46-42-01, 46-42-02, 46-42-03, 46-42-04, 46-42-05, 46-42-06, State Rd 7 South to the South Section Line of Section 4641-0I, West along the South Section Line of Section 46:41~01 extended to the L40 Canal The South Section Line of Sections (using T-R-S) 46-43-28, 46-43-29, 4643-30, 46.42-25, 46.42-26, 46.42-27, 46-42-28, 46-42-29, 46-42-30, 46'41-25, and 46-42-26 East of the L-40 Canal, the portion of the line City of Boynton Beach School Concurrency Amendments Amendments 0 I-SC 1 27 September, 2001 Support Documents Ordinance No. 01-00 #21 #22 EAST WEST NORTH SOUTH EAST WEST NORTH SOUTH EAST WEST formed by these Section Lines West of 1-95 generally approximates the C-15 Canal The Atlantic Ocean The L-40 Canal The South Section Line of Sections (using T-R-S) 46-43-28, 46-43-29, 46-43-30, 46-42-25, 46-42-26, 46-42-27, 46-42-28, 46-42-29, 46-42-30, 46-41-25, and 46-42-26 East of the L-40 Canal, the portion of the line formed by these Section Lines West of 1-95 generally approximates the C-15 Canal The Palm Beach / Broward County Border The Atlantic Ocean The L40 and L-36 Canals The Martin / Palm Beach County Border The Palm Beach / Broward County Border From the Martin / Palm Beach County Border, the Bee Line HwY South to the West Section Line (ming T-R-S) of 4141-18, the West Section Lines of Sections 41-41-18, 41-41-19, 41-41-30, 41-41-31, 42-41-06, 42-41'07, and 4241-18 until intersecting with the Canal generally delimiting the Northern extent of The Acreage and the Southern extent of the J. W. Corbett preserve, West along the centerline of the Canal through the center of Sections 42-40-13, 42-40-14, 42-40-15, 42-40' 17, and 42-40-18, then North along the East Section Line of Section 42-39-13 to the North Line of the South Half of Section 42-39-13, then West along the North Line of the South Half of SeCtion 42-39-13 to the West Section Lineof Section 42-39-13, then South along The West Section Line of South Half of Section 42-39-13, The West Section Line of Sections 42-39-24, 42-39-25, and 42-39-36 North of the L-8 Canal, the L-8 Canal South to the West Section Line of Section 43-40-08, then South along The West Section Lines of Sections 43-40-08 South of the L-8 Canal, 43.40-16, 43-40-21,443-40-28, and 43-40-33, then South along the L40 Canal and the L-36 Canal to the Palm Beach / Broward County Border The Shoreline of Lake Okeechobee South to the South Section Line of Section (using T-R-S) 41-37-22, East along the South Section Line of Sections 43.3~.22, and 41-37-23, then South along the East Section Line of Sections 41-37-26, 41-37-35, 42-37-02, 42-37-11, 42-37-14, 42-37-23, 42-37-26, and 42-37-35, then West along the South Section Line of Section 42~37-35 to the East Section Line of Section 43-37-02, then South along the East Section Line of Sections 43-37-02, 43-37-11, 43-37-14, 43-37-23, 43-37-26, and 43-37-35, then in a Southerly direction to the East Section Line of Section 44-37-02, then South along City of Boynton Beach School Concurrency Amendments Amendments 01 -SC 1 28 September, 2001 Support Documents Ordinance No. 01-00 #23 NORTH SOUTH EAST WEST the East Section Line of Sections 44-37-02, 44-37-11, 44-37-14, and 44-37-23 to the L-16 Canal, then West along the L-16 Canal and the L-21 Canals, also referenced as the Bolles Canal, to the West Section Line of Section 44-35-34, then North along the West Section Line of Sections 44-35-34, 44-35-27, 44-35-22, 44-35-15, 44-35-10, 44-35-03, 43-35-34, and 43-35-27 to the Shoreline of Lake Okeechobee, then Westerly along the Shoreline of Lake Okeechobee to the'Palm Beach / Hendry County Border,_South along the Palm Beach / Hendry County Border to the Palm Beach / Broward County Border The South Section Line of Sections (using T-R-S) 43:37-22 East of Lake Okeechobee, and 41-37-23 The L-16 and L-21 Canals, also referenced as the Bolles Canal The East Section Line of Sections (using T-R-S) 41-37-26, 41-37-35, 42-37-02, 42-37-11, 42-37-14, 42-37-23, 42-37-26, and 42-37-35, then West along the South Section Line of Section 42-37-35 to the East Section Line of Section 43-37-02, then South along the East Section Lines of Sections 43-37-02, 43-37-11, 43-37-14, 43-37-23, 43-37-26, and 43-37-35, then in a Southerly direction to the East Section Line of Section 44-37-02, then South along the East Section Line of Sections 44-37-02, 44-37-11, 44-37-14, and 44-37-23 to the L-16 Canal The West Section Line of Sections (using T-R-S) 43-35-27 South of the Shoreline of Lake Okeechobee, 43-35-34, 44-35-03, 44-35-10, 44-35-15, 44-35-22, 44-35-27, and 44-35-34 South to the L-'21 or Bolles Canal City of Boynton Beach School Concurrency Amendments Amendments 01-SC 1 29 September, 2001 Support Documents Ordinance No. 01-00 PUBLIC SCHOOL CONCURRENCY Support Documents APPENDIX A Concurrency Service Area Tables PUBLIC SCHOOL CONCURRENCY Support Documents APPENDIX B Enrollment Capacity & Capacity Shortfall ! Surplus for Years 2004/05, 2009/10, 2019120 PUBLIC SCHOOL CONCURRENCY Support Documents APPENDIX C (Under Separate Cover) School District of Palm Beach County Fiscal Year 2001- 2005 Five-Year Plan and Fiscal Year 2001 Capital Budget, June 2000 PUBLIC SCHOOL CONCURRENCY Support Documents APPENDIX D Jurisdictions Required to Participate in School Concurrency PUBLIC SCHOOL CONCURRENCY Support Documents APPENDIX E School Attendance Zone Maps PUBLIC SCHOOL CONCURRENCY Support Documents APPENDIX F PUBLIC SCHOOL CONCURRENCY SupPort Documents APPENDIX G Index of Statutory and Code Requirements and Corresponding Goals, Objectives and Policies (GOP=s), Data and Analysis and Maps PUBLIC SCHOOL CONCURRENCY Support Documents APPENDIX H Interlocai Agreement Requested City Commission Meeting Dates [] July t7, 2001 [] August 7, 2001 [] August 21, 2001 [] September4, 2001 XII,- LEGAL ITEM A.1 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: Please place this request on the October 2, 2001 City Commission Agenda un'~r -*~ Legal-Second Reading. The City Commission approved this request as a "Consent" item on September 4, 2001.~l~or ~r details pertaining to this request see Department of Development Memorandum No. PZ 01-171. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: MAXIMUM BUILDING I-[EIGHT within C-1 ZONING DISTRICT; and EXEMPTIONS FROM BUILDING I-IEIGHT LIMITATIONS - BUILDING PARAPETS Chris Kerr, Kilday & Associates, Inc. Bethesda Healthcare System 2800 Saacrest Boulevard I) 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 Develo~n~ Det~k/-tment ' Planning & Zoni~ggD~irector s APIanning~SHARED\WP~PROJECTS~Boynton Beach Medical Pavilion\Cdrv\Agenda Item Req L~i(y Attor~y / Finance / Human Resources uest Bo]fiaton Beach Med Pay CDRV 10-02-01 .dot SABULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC LAND ZONING, INCREAS] ORDINANCE NO. O1- ~',~- OF THE DEVELOPMENT ~GULATIONS, CHAPTER 2 6.A.3. PROVID~G FOR AN 25TO USE ADDITION WI-IEee, buildings constructed within the City of Boynton Beach must provide for screening of mechanical equipment on the roof of buildings; and WHEREAS, in order to properly screen the mechanical equipment on the roofs of' buildings, the use of parapets has become increasingly common; and WHEREAS, in order to accommodate the construction of professional and medical office buildings within the C-1 zoning district, it has been determined that the maximum structure height for buildings within the C-1 zOning district should be increased from twenty- five (25) to thirty (30) feet, and that buildings constructed with under building parking may be constructed up to a height: of thirty-five (35) feet as a conditional use; and WHEREAS, at the meeting of AugUSt 28, 2001, the Planning and Development Board recommended that the City Commission amend the City's Land Development Regulations to provide for the increase in building height within the C-1 zoning district from twenty-five (25) to thirty (30) feet, to increase the building height for buildings constructed with under building parking to thirty-five (35) feet as a conditional use, and to include parapets to the list of potential exemptions from the building height limitation; and WHEREAS, City staff agrees with the recommended changes to this Section of the Code to (l) increase the maximum structure height in the C-1 zoning district from 25 feet to 30 feet, and (2) to add parapets to the list of Potential exemptions from the building height limitation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are tree and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2. Zoning, Section 2, Section 6.A.3. 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: Sec. 6. Commercial district regulations and use provisions. A. C- 1 OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT .... constructed, converted, established, altered, enlarged or used unless the premises buildings shall comply with the following regulations: Building and site regulations. No building or portion thereof shall be erected, and 30 2-5 feet, not to exceed two stories** Maximum m'uctum height **Exc~tions: (4) stories. 2. Building designed for under building maximum. *(Conditional use approval required) Maximum height for hospital shall be forty-five (45) feet not to exceed four parking shall be ~m ~vj (35) feet Section 3. That Chapter 2. Zoning, Section 4 General provisions. F.2 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: Sec 4. General Provisions. F. HEIGHT LIMITATIONS AND EXCEPTIONS. 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 their necessary mechanical appurtenances may be erected within a structure or on top of the structure, above the district height limitations provided herein, atter obtaining approval of the City Commission base don their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph 3 below. Section 4. 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 5. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 6. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby given to codify this Ordinance. Section 8. This Ordinance shall become effective immediately. FIRST READING this day of September, 2001. SECOND, FINAL READING AND PASSAGE this __ day of October, 2001. CITY OF BOYNTON BEACH, FLOR[DA Mawr Vice Mayor ATTEST: City Clerk Commissioner Commissioner Commission~ DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 01-171 TO: THROUGH: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael W. Rumpf Director of Planning and Zoning Lusia Galav, AIC]~.~ ~L/ Principal Plannerx(~ August 16, 2001 CODE REVIEW CDRV 01-003 1) Maximum Height in a C-1 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 heigt~t 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 app licant 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 ori~nally 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 ~vould be preferred since the ~ssue of height and medical office buildings in C-1 has been problematic ~vith similar projects in the past. Page 2 Building Height - CDKV 01-003 MemorandumNc~. 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 ~vo medical office buildings on Woolbright Road: Woolbright Professional Plaza (Nguyen) and Woolbright Medical Building (Freeman). The first project, Nguyen, was approved 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 build'mg ,,vas designed with a 39-foot maximum height. The applicant applied for a variance, ,,vas 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 `,vith 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 bet`,veen these less intense commercial uses and residential uses. As such, the C-1 zoned areas are `,vhere the majority of medical office buildings are located. Approximately t~vo 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 ,,veil. 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 bet~veen 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 fiat roof and serves the purpose of screening any roof top equipment. The Land Development Regulations Chapter 9, Design Criteria, S cc. 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. Palm Beach County and The City of West Palm 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 defined 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 30 feet, not to exceed two stories** Page 4 Building Height -CDRV 01-003 Memorandum Nd. PZ 01-171 ** Exceptions 2. Building designed for under building parking shall be 3(~) 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 hei*~ht regulations set forth in paragraph 3 below. [g Exhibits S:/PLANNING\SHARED\WPIPROJECTSIBOY'NTON BEACH MEDICAL PAVILIONICDRV~CDRV 01-003.STAFF REPORT.DOC EXHIBIT :'iA" 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 310 Boynton Beach, FL 33425 RE: Building height limitation in the C-1 Zoning District Ourfile868.28 £ - Our office has requested that staff undertake a Code Review to amend the City's Land Development Regulations to permit an increase in buildJ, ng heights in the C-1 Zoning District. Office buildings in the City are predominantly located in the C-1 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 floer and the building height will be 27'-4", as measured from finished floor elevation. (There is au 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 per 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.u. estions, on this matter. Since~/ ~ Kilday & Associates ' EXH!BI_T,?A · AIZ SECTION Requested City Commission Meeting Dates [] July 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 XlI. - LEGAL ITEM C.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 [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of a Resolution authorizing the Mayor to execute a Settlement Agreement between the City of Boynton Beach and Florida Outdoor Advertising, LLC, and Gold Coast Advertising, Inc., in full settlement of Case No. 00-8577 CIV (as consolidated with 00-8803-CIV), filed in United States District Court, Southern District of Florida. EXPLANATION: Florida Outdoor and Gold Coast Advertising filed suits against the City in United States District Court seeking to construct signs for commercial and non-commercial speech at locations adjacent to the Interstate 95 corridor. A tentative agreement has been reached by the parties as a compromise ora disputed claim, and that agreement is attached hereto. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature James A. Cherof Depattment Name City Manager's Signature City Attorne30~in]a~[e / Human Resources S :~,BULLETllxCFORMS~GENDA ITEM REQUEST FORM.DOC UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 00-8577'ClV-MIDDLEBROOKS/BANDSTRA (As Consolidated with 00-8803-ClV. MiDDLEBROoKS/BANDSTRA) LLC, and GOLD COAST ADVERTISING, INC. Plaintiffs, VS. CiTY OF BOYNTON BEACH, Defendant. SETTLEMENT AGREEMENT This Settlement Agreement is entered into this day of , 2001, by and between plaintiffs and appellees, Florida Outdoor Advertising, LLC~"FO~,"), Gold Coast Advertising, Inc. ("GOLD COAST") and defendant and appellant, the City of Boynton Beach ("the CITY"). WHEREAS, FOA filed suit against the CiTY as evidenced by Case No. 00-8577 ClV; GOLD COAST subsequently filed suit against the CITY as evidenced by Case No. 00-8803; and the lawsuits were joined, and WHEREAS, an Order in Case No. 00-8577 ClV was filed on June 27, 2001, Denying Defendant's Motion for Summary Judgement and Granting Plaintiffs' Cross-Motions for Summary Judgement; ana WHEREAS, Defendant, CITY timely filed a Notice of Appeal; and WHEREAS, FOA and GOLD COAST are sign companies that seek to construct signs for commercial and non-commercial speech at locations adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising; and WHEREAS. FOA filed a total of fifteen (15) permit applications with the CITY for construction of signs prior to the filing of Case No. 00-8577 CiV, and GOLD COAST filed a total of five (5) permit applications with the CITY for construction of signs prior to the filing of Case No. 00-8803; and WHEREAS, FOA has agreed to reduce the number of sign permits from fifteen (15) if the CITY agrees to issue six (6) permits to FOA to construct signs adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising at the locations listed and shown on Exhibit "A", attached hereto and incorporated herein; and WHEREAS, GOLD COAST has agreed to reduce the number of sign permits from five (5) if the CITY agrees to issue three (3) permits to GOLD COAST to construct signs adjacent to the Interstate 95 corridor through the CITY in conformity with Flodda Department of Transportation Rules Regulating Outdoor Advertising at the locations listed and shown on Exhibit "B", attached hereto and ~ncorporated herein; and WHEREAS, FOA and GOLD COAST have full authority to enter into this Agreement; and WHEREAS, the CITY is entering into this Agreement as a compromise of a disputed claim: the CITY does not admit any liability; and WHEREAS, all parties consider it to be in 'their best interests and in the interests of the citizens and property owners of Boynton Beach to approve this Agreement. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree each with the other as follows: Section 1. Recitals. The recitals above are true and correct. Section 2. Harmony of Requlations. All sign locations shall be inspected, approved an(~ permitted in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising prior to the final issuance by the CITY of a building permit. Section 3. Si,qn Construction. FOA shall be permitted to construct six (6) signs within the Interstate 95 corridor through the CITY. GOLD COAST shall be permitted to construct three (3) sic. ns within the Interstate 95 corridor through the CITY. The upper structure of the signs may be double-sided with a "V "shape on a single pole base as shown on Exhibit "C". The single pole is not required to be directly in the middle of the sign and may be on one end. The total height of the signs shall not exceed sixty-five (65') feet over the adjacent main-traveled way of Interstate 95 to the top of the signs, as shown on Exhibit "C". The engineering and construction of the signs shall be done in accordance with and shall comply with the Southern Building Code: Tri-Vision type sign faces are restricted and may be utilized on only Three (3) sign faces constructed by FOA and on only One (1) sign face constructed by GOLD COAST. Section 4. Alternate Sites. In the event any of the six (6) properties on Exhibit "A" or the three (3) properties on Exhibit "B" are not used as Sign sites or are "TO BE DETERMINED", FOA and/or GOLD COAST may substitute another property for Sign site permitting by the CITY, provided said site is within the Interstate 95 corridor and the sign faCe shall be placed so as to be primarily visible from Interstate 95. The CITY shall not unreasonably denyi a Sign permit to FOA and/or GOLD COAST so long as the substituted site otherwise conforms to FDOT permitting requirements, the limitations set forth herein, and the maximum number of Signs shall not exceed six (6) and three (3). Section 5. Residential Use Setback. Signs permitted by this Agreement shall not be located within 250 feet of any Residential Use, except on parcel number 08434528150740070 where one s~gn may be permitted at the discretion of FOA not less than 150 feet from a Residential Use. Section 6. Highway Ramp Separation. Signs permitted by this Agreement shall not be located within 250 feet from the edge of pavement of Woolbright Road, Boynton Beach Boulevard or Gateway Boulevard. Section 7. Sign Size. Signs permitted by this Agreement shall not exceed 672 square feet per sign side. The size and height of the signs shall not exceed any of the dimensions as shown on Exhibit "C", attached hereto and incorporated herein, except for embellishments. Embellishments shall not exceed 20% thereof or extend more than 5 feet beyond the outside edge of any side of the signs. Section 8. Sian Li_ahtin_a. Signs permitted by this Agreement may be illuminated, however, a sign which contains, includes, or is illuminated by any flashing, intermittent, or moving lights is prohibited, except that lights embodied in the signs may be used. Further, the signs shall be so illuminated that they do not interfere with the effectiveness of or obscure an official traffic sign, device, or signal. adverti~ sexual~ obscenelan[ age: that any adult any permits shall be.issued for the hereto, ther successors agreement and implement this agreement Secti( the construction of the that the CITY does not admitar =OA and ement. reement shall run with upon the part es to enter nto ths ced here in. e CITY agrees to ims and Section 13. Entire Agreement. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof. It ,~tween the parties, thus, ne ther party shall be entitled to rely disclaimers, mad~ either prior to or SimUltaneous assurances, claims or it. Section. 14. Voluntary Dismissal/Attorney's Fees and Costs. This Agreement will be filed with the Court. The lawsuits filed against the City by FOA, Case No. 00-8577-C V and by GOLD COAST, Case No. 00'8803-CLV and the =apPeal thereof w be Withdrawn and a vOlunta~ d sm S~al with prejudice shall be filed with the Court by FOA and GOLD ,COAST within 10 oays of!al parties executing this Agreement. Each party shall bear its oWn Attorney s Fees and Costs. The Court shall retain jurisdiction of this action to enf~)rce the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement onthe date written above. ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: By: , City Clerk Gerald Broening, Mayor Approved as to Legal Form: By: , City Attomey WITNESSES FLORIDA OUTDOOR ADVERTISING, LLC Print Name: By: Daniel L. Hardin, President Dated: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2001, by Daniel L. Hardin, as President of Florida Outdoor Advertising, LLC. A Florida corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowiedgment Name Typed, Printed or Stamped WITNESSES GOLD COAST ADVERTISING, INC. By: Print Name: Dated: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2001, by , as .(name of officer or agent, title oi officer or agent), of Gold Coast Advertising, Inc., a Florida corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 00-8577-ClV-MIDDLEBROOKS/BANDSTRA (As consolidated with 00-8803.CIV- MIDDLEBROOKS/BANDSTRA) FLORIDA OUTDOOR ADVERTISING, LLC, and GOLD COAST ADVERTISING. INC. Plaintiffs, VS. CITY OF BOYNTON BEACH, Defendant. SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA OUTDOOR ADVERTISING, LLC, AND GOLD COAST ADVERTISING, INC.. REGARDING THE CONSTRUCTION OF SIGN~ EXHIBIT "A" Florida Outdoor Advertising, LLC signs adjacent to the Interstate 95 corridor through the CITY in conformity with Flodda Department of Transportation Rules Regulating Outdoor Advertising: 1 ) Cool Care, Inc., 4020 Thor Drive, PCN 08434605000007110 2) CSX Railway, west side 1-95 on the South Florida Rail Corridor-R.O.W., 1408 feet north of Woolbright Road (No PCN on Railroad R.O.W.) 3) William Hartman dlb/a Bulldog Fence Company, 555W. Ocean Avenue, PCN 08434528150740070 4) AA Alpine Storage-Boynton, LLC d/b/a Extra Closet, 860 W. Industrial Avenue, PCN 08434520200000010 5) West Industrial Associates, 1300 W. Industrial Avenue, PCN 08434521000003090 6) Florentine Marble Co., Inc., vacant land, PCN 08434516000003090 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 00-8577-CIV-MIDDLEBROOKS/BANDSTRA (As consolidated with 00-8803-CIV- MIDDLEBROOKS/BANDSTRA) FLOR IDA OUTDOOR ADVERTISING, LLC, and GOLD COAST ADVERTISING, INC. Plaintiffs, vs. CITY OF BOYNTON BEACH, Defendant. SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA OUTDOOR ADVERTISING, LLC, AND GOLD COAST ADVERTISING, INC. REGARDING THE CONSTRUCTION OF SIGNS EXHIBIT "B" Gold Coast Advertising, Inc. signs adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising: 1) 3800 South Congress (PCN 08434605000007010) 2) West Side 1-95,To Be Determined in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising 3) West Side 1-95,To Be Determined in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising City of (ONE SIDE ELEVATION OF TWO SIGN FACES SH EXHIBIT "C" 48' CATWALK 65' 48' The Sign will have a "V" Shape SUPPORT Adjacent Main-Traveled Way of Interstate 95 XII. - LEGAL ITEM D.1 ORDINANCE NO. 01 - AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF BOYNTON BEACH, FLORIDA, TO PROVIDE FOR SUPPLEMENTAL PAY FOR ACTIVE MILITARY LEAVE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City is cognizant of the tremendous sacrifice made by City employees who are called to active military service at times of national crisis; and WHEREAS, the City wishes to demonstrate its support of City employees who answer the call to duty and engaged in active military services; and WHEREAS, the City wishes to provide assurance to City employees who are called to active military service that their ordinary income will not be lost or diminished during periods of active military service. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, AS FOLLOWS: Section 1. The foregoing whereas clauses are tree and correct and are now ratified and confirmed by the City Commission. Section 2. follows: Chapter 21 B of the Personnel Rules and Regulations is amended as ~tt TTADV t ~' A~I,IE. All ~1 ...... 1~ .1~ ~,-a;~., ..... : .... ,~ ....... ~ .... pay MILITARY LEAVE 1. RESERVE TRAINING: All employees who are members of the military reserve units and who must attend annual training sessions are entitled, pursuant to Florida Statute 115.07 to seventeen (17) calendar days with pay each year in order that such employees, may fulfill their military obligations. 2. are ordered to of The City will continue to pay the eligible employee's portion of health, dental and life If an will the check :will also be union payments, etc.). 3. cONTINUED SERVICE: Unless the person provides the City with written notice that they do not plan to return to employrnent with the City, no break in service will oce~ during the period of active duW and the employee will continue to accrue service for purposes of seniofiW and pension eligibiliW. Section 3, Each and every other provision of the Code of Ordinances not herein specifically mended, 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 AND FINAL READING this day.of October, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner CityClerk FI:\1990\900182.BB\ORDXMilitary Leave remsion.doc