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Agenda 01-04-00]anuary4, 2000 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: Call to Order - Mayor Jerry Broening Invocation ' Rabbi Max Roth - Temple Beth Kodesh Pledge of Allegiance to the Flag led by Mayor Pro Tern William Sherman D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. ADMTNISTRA'I'~VE: Ao Board B, Appointments to be made: Appointment To Be Made Board Accept resignation of Aaron Rinker, Regular member of the Mayor Broening I Weiland III Sherman Children & Youth Advisory Board Children & Youth Advisory Board Children & Youth Advisory Board Alt 1 yr ten Stu/NonVoting 1 yr ten Reg 2 yr ten I Weiland II Denahan III Sherman IV Tillman Bldg. Board of Adjustment & Appeals Reg Bldg. Board of Adjustment & Appeals Reg Bldg. Board of Adjustment & Appeals Alt Bldg. Board of Adjustment & Appeals Alt 3 yr ten 3 yr ten 1 yr ten 1 yr ten II Denanan Code Compliance Board Reg 3 yr ten t Weiland II Denahan III Sherman Community Relations Board Community Relations Board Community Relations Board Alt Reg Reg 1 yr ten 3 yr ten 3 yr ten Mayor ,Broening Planning & Development Board Alt 1 yr terr III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Code Compliance Ith of Term ration Date n to 4/00 Tabled (3) n to 4/00 Tabled (3) 1 to 4/01 ~ to 4/01 Tabled ¢3) ~ to 4/02 Tabled (3) ~ to 4/00 Tabled (3) ~ to 4/00 Tabled (3) i to g/02 ~ to 4/0o Tabled (3) ~ to 4/02 Tabled (3) ~ to 4/01 to 4/00 nuary8, 2000 on .' 1. "Breakfast In Boynton & Green Market" - Saturday, ~iI the Library Lawn Agenda Regular City Commission 3anuary 4, 2000 B. Presentations: 1. Proclamations: a. Martin Luther King, .Ir. Day - January 17, 2000 2. Presentation of Holiday Parad~ Awards - Meg Hooper, Special Events Manager IV. CONSENT AGENDA: .... ' ' ~? ,: Matters in this sect on of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in'each;item, ~Rh ail Of the: accompanying mater a to ~oecome .~ part of the Pub c Record and subject to sta~,camments. A. Minutes: 1. Agenda Preview Conference of De~cember 16, 1999 2. Regular City Commission Meeting Of December 21, t999 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget 1. Approve extension of bid pridn'g for the "PURCHASE OF TWO (2) NEW AND UNUSED 80 KW. MOBILE GENERATOR SETS" in the amount of $62,180 to O-KGenerators z)f Deerfield Beach, Florida C. Resolutions: Proposed Resolution No. R99- Re: Approving an Interlocal Agreement with Palm Beach County for partial grant funding of the Phase 2 Downtown Regior~al St0rmWate~ Fadli~y Proposed Resolution No. R99- Re: Approving the release of the restoration surety n the amount of $1t,000 for the Via Lugano project Proposed Resolution No. R99- Re: Approve Work Authorization #10 with Camp, Dresser & McKee, Inc. in the amount of $244,070 for the desfgn, permitting and bidding services: for Industrial Avenue Corridor Stormwater Improvements Proposed Resolution No. R99- Re: Approving Work Authorization #11 with Camp, Dresser & McKee, Thc. in the amount of B69,619 for the design, permRting and bidding services for the Costa e a Subdivision Stormwater Impr. ovements Agenda Regular Ci~Commission 3anuary4,2000 VI. D. Ratification of Planning & Development Board Action': None Approve additional vehicles (15 total) to the vehicle purch 1999/00 budget (Total cost of replacement vehicles - $701,00 Approve funds for Housing Rehabilitation Case #2-99.002~ ' residing at 3821 North Dixie Highway, in the amount of $13,2[ Authorize piggybacking the Pal,m, Beach County Contract TRAFF]'c S]:GNAL INStALLATiON for the placement :of Onde the Gateway. Beulevard.Improve~ent Proje~:. 'Fh~ total co.~ estimated not the exceed $~Z~,440; ' ' CITY MANAGER'S ,REPORt: A. Presentation on Optio,n,s, for the Construction of the Dow~ ~:etention Bas n (Pbnd .B 9 ~se list in the FY ;ally Carole Lewis, 3 ~99056, "ANNUAL ground conduit on t of the project is own Stormwater PUBLIC AUDIEN~CE: INDIVIDUAL SPEAKERS WILL BE LIMTI'ED TO 3-MINUTE PRESENTATIONS VII. PUBLIC HEARZNG: 7:00P.M. ORASSOONTHEREAFTERASTHEAGENDAPERMI'TS VIII. BIDS: Project Name: Agent/Owner: Location: Description: Project Name: KENMONT (TABLED TO .IANUAR Y .~8ru) Agent: Diane Hiteman, Esquire Owner: Mr, Ods W. Walker Location: 707 NW 3m Street Description: Request for abandonment of that alley 707 NW 3"d Street The Learning: Depot - Pre-School Scott and Kathy Freeland SW 3rd Street at Woolbfight Road Request conditional use approval to construct a 4,632 square foot day care center on 0.52 acre ~gment that abuts None Agenda Regular CityCommission 3anuazy4~ 2000 TX. DEVELOPMENTPLANS: None X. NEW BUS][NESS: . ~ - Otc -P~pesed~;Or~i~ance Ne, O99;36 .~Re ' Vacant property consisting of 'rS;~9~C~S o[Jand ;(.L0we:s;i~ome center);-amending Ordinance 89;38 o S~id QW by ~me6~n~J,[h~,~E~re~ Land Use.; Element of the Ce~pr~ensi~ Plan of ~e~ G~: by adopting the proper land use of ¢~ain prbpe~ from Indu~i;te [~da[ ~eCail cammerd~i', Proposed Or Ri~Chard Pa~ners, ~n, Wootbri!~t amendihg; C Plar~ned comi rci :) nance ~. 0~-37 5.89 ;aCl'i' :Pat'¢~l. ~e: Regarding the application of ~dng,. [nc;,; A, gent for Woolbright the sQuthWe~c,corner of :[-95 and feet s0uth of Woolbright Road) iing a certain tract of land from ,.-trdc (p_TD~r~ tc~ .£-3 (Community: 3. PrOposed Ord Re: Amendi0g Chapter 2 Zoning, , (E)(1); provd ng that all ;iness ;hall be considered and ~ent Board~, providing that each nO~. sPecific~l y ~mended shall Proposed Ordinance No. 099;39: .:Re: Adopting amendments to the COmprehensiv~ Plan base, on: oew~--~angesin theGrowth Management Law~ Cha~ter~ [t6~,:t~lt~rkiai~$ta~utesi; to revise and update the existing O~ie~tives; piod~i .data[;.ar~d ~aysis of the Intergovernmental t~rdinati0n Eler~ri~ a~d~e .F~tur~iLand Use Element Agenda Regular City Commission 3anuary 4, 2000 C. Resolutions: Other: 1. Proposed Resolution No. R99- Re: Establishir per hour for each hour of delay from the scheduled funeral if the delay is greater than one hour Ratification of Code Compliance Board action: fee of $200 ~rdval time of the a. Reduce the fine in Case #98-2166 (2015 S. Federal Highway) from $8,350 plus.S634.12 in administrative costs to $634.12 CFABLED TO .IANUARY 4~) b. Reduce the fine in Case #96-5939 (2280 NV 2nd Street) from $24,325 plus $730.15 in administrative costs, to $2,000 c. Reduce the fine in Case #98-1960 (2280 NW 2"d Street) from $11,400 plus $634.12 in administrative costs, tc~ $1,000 / d. Reduce the fine in Case #98-2776 (134 SE[3~ Avenue) from $8,900 plus $730.15 in administrative costs, to 7500 / Discussion on relocation and amortization of non-conforming billboards XZT. UNFZNTSHED BUS/NESS: Review and Consideration of the pre-application(s) receive(], for submittal to Palm Beach County, Department of Economic Development, uhder the Round III Core Grant Program (TABLED TO.~ANUARY I~''~) X/II. OTHER: X[V. AD.1OURNMENT: NOT[CE RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH T~E APPEAL IS TO BE EASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AiDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILTTY AN EQUAL OPPORTUNTrY TO PARTICIPATE IN AND ENIOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVTrY CONDdCTED BY THE CITY. PLEASE CONTACT 3OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS 3RIOR TO THE PROGRAM OR ACTIVTTY IN ORDER FOR THE CiTY TO REASONABLY ACCOMMODATE YOUR REQUEST. REVZSED FTNAL 12/31/99 7:50 AM TT-ADMZNISTRATZVE ITEM A TO: Sue Kruse City Clerk Scott Blasie Code Compliance Administrator FRObl: ]anet M. Prainito Deputy City Clerk DATE: 12/14/99 RE: Resignation from Code Compliance Board Aaron Rinker, Regular member of the Code Compliance Boa City Clerk's Office this morning to announce that he had ac in Washington, D.C. He will no longer be able to serve requested that his telephone call serve as his resignation. d, contacted the epted a new job the board anc/ cc: Board Chairperson, Recording Secretary Requested C~ry Commission Mee6ng Dates [] November 16. [999 [] December 7, 1999 [] December2] 1999 [] January 4. 2000 NATURE OF AGENDA ITEM II- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ~n to Cit~ Clerk's Office November 3. 1999 5:00 p.m.) November 17, I999 (5:00p.m./ December 8.1999 (5:00 p.m.~ December 22. I999 (5:00 p.m.) Requested City Coma'nission Meeting. Dates [] January 18, 2000 [] February 1, 2000 [] February 15,2000 [] March 7, 2000 [] Administrative [] Developt [] Consent Agenda [] New Bu [] Public Hearing [] Legal [] Bids [] Unfatisr [] Announcement [] Presentat iDMINISTRATIVE ITEM B te Final Form Must be Turned n to City Clerk's Office Jan ry 5, 2000 (5:00 p.m.) Jm uary 19, 2000 (5:00 p.m.) Fet mary 2, 2000 (5:00 p.m.) Fe ~ruary 16, 2000 [5:00 p.m.) tent Plans d Business RECOMMENDATION: Replace Dorothy Davis, Regular member of the Advisory Board on Children & Youth whose two-year term expires in April, 2001. EXPLANATION: Ms. Davis has exceeded the allowable number of absences to retain membership on a City advisory board. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Sue Kmse, City Clerk City Clerk's Office City Attorney Fhaance Human Resources 12/22/1999 8:50 AM \\ch\main~shrdata\cc xwpxcc agendaXremovalskremove dorothy davis - cyab.dot S:~BULLETIN~FORMSkAGENDA ITEM REQUEST FORM.DOC Announcements & Presentations Proclamations WHEREAS, the significant contributions made by the late Dr. Martin Luther King, ur are recoonized nationwide in that the third Monday of January has been established as a national holiday in ~mmem~ration of Dr. King's birthday, January 15, 1929; and WHEREAS, Dr. King dedicated his life so that all Americans may ~njoy citizen under the Declaration of Independence and the United States Consti WHEREAS, Dr. Martin Luther King, Jr. Birthday Celebration Comr combines numerous community organizations and municipalities is playing a I observances of this day by off~dng a variety of historical and cu ture program he freedoms guaranteed every tion: and ~tee of Boynton Beach. which lajor role in the coordination of through the City. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority ve~ted in me as Mayor of the City · of BoyntonBeach, Flodda, hereby proclaim January 17,_2000 as. DR. MARTIN LUTHER KING, JR. DAY in the City of Boynton Beach, Flodda, and call upon all citizens to rededicat{ cause of brotherhood and sisterhood among all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused Beach, Flodda, to be affixed at Boynton Beach, Flodda this 4· day of Januar themselves to advancing the le Seal of the City of Boynton Two Thousand. ATTEST: City Clerk (Corporate Seal) \~h~naJn~hrdata~cc~wo~cagenda~oclamal~ns'~orocl 01 ma~n lut~ king.~cc Gerald Taylor, May( City of Boynton Bea zi.r_ANNOUNCEMENTS & PRESENTATZONS TI'EM B-2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORi,. Requested City Commission Meetlne Dates [] November 16. 1999 [] December7. 1999 [] Deeember2I, 1999 [] January 4, 2000 Dato Final Form Must be Tumgd in to City Clerk's Office Novemt~r 3, 1999 (5:00 p.nx) November 17, 1999 I5:00 p.m.) Deco~xber 8,1999 (5:00 p.m.1 December 22,1999 (5:00 Reqa~ed City comm~Sion Merging Dat~ [] January 18,2000 [] r~ ~.2ooo [] February 15, 2000 [] March 7. 2000 NATURE OF AGENDA ITEM [] Administmlive [] Developm [] Consem Agenda [] New Busi [] Public Hearing [] Legal [] Bids [] Unfinish~ [] Announcement [] Presenta RECOMMENDATION: Approval of 15 minutes of City Commission meeting scheduled on January Cth, to present 3am~ by Meg Hoopor, Special Events Manager. EXPLANATION: Plaques to be presented to award winners and sponsors for their participation in the 1999 Annual Mayor Broeulng assist with congratulating them. PROGRAM IMPACT: Recognition to participant~ and sponsors for their involvement in the 1999 Annual Holiday Pm'ad FISCAL IMPACT: N/A ALTERNATIVES: N/A Departmem Head s S~gnature City Man~er's Leisure Services Departmem Department Name City Attorney / Finance / S:~BULLETIN~OR2dS'AGENDA ITEM REQUEST FORM.DOC January 19, 2000 (5:00 p.m~) Fela m~ry 2, 2000 (5:00 p.m.) Feb nary 16, 2000 (5:00 p.m.) ,mt Plans [ Business Holiday Parade Awards toliday Parade. Request 5ignat~e ' Human Resources IV-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Cormuission Meetin~ Dates [] November 16, 1999 [] December 7, 1999 [] December21, 1999 [] January 4, 2000 Date Final Form Must be Turned in to CiW Clerk's Office November 3, 1999 (5:00 p.m.) November 17. 1999 (5:00 p.m.) December 8, 1999 (5:00 p.m.) December 22. 1999 (5:00 p.m.) Requested City Commission Meeting Dates [] January 18.2000 [] February i. 2000 [] February 15, 2000 [] March 7, 2000 NATURE OF AGENDA ITEM [] Administrative [] Developm [] Consent Agenda [] New Bush [] Public Hearing [] Legal [] Bids [] Unfmishe{ [] Announcement [] Presentari( RECOMMENDATION: A motion to approve extension of bid pricing for the "PURCHASE UNUSED 80 KW MOBILE GENERATOR SETS" in the amount of: $62,180.00 to Deerfield Beach, Florida. Date Final Form Must be Turned in to City CIerk's Office ! Janu~ 5, 2000 (5:00 p.m.) JanumT~ 19, 2000 (5:00 p.m.) Feb' ary 2, 2000 (5:00 p.m.) Febr a~y 16, 2000 (5:00 p.m.) mt Plans Business OF TWO (2) NEW AND -K GENERATORS , of Procurement Services has reviewed the Utility Department's request to extend bid pricing for "PURCHASE OF TWO (2) NEW AND UNUSED 80 KW MOBILE GENERATOR SETS" BID#069-2821-99/SP awarde[l to: O-K GENERATORS of Deerfield Beach, Florida with a total mount of: $62.180.00. Procurement Services requests Commission's review, evaluation and approval. EXPLANATION: In the 1999/2000 budget, the purchase of two (2) 80 KW Mobile Generators was approved. PROGRAM IMPACT: FISCAL IMPACT: BUDGETED ACCOUNT#: 401-2816-536-64-02 BUDGETED AMOUNT: $72,000.00 ALTERNATIVES: / / ~r~l~s~ Age~tS~ Signature Procurement Services Department Name C'igJq~lanager's Si~aamre City Attorney Finance / Human Resources FROM: MEMORANDUM UTILITIES # 99-301 as_ing Agent _, __ Utility Direct'or DATE: December 14, 1999 SUBJECT: A.g. enda Item ! Capital Outlay Ufili~ Bid #069:.282'1-991SP 2_ 80kw P6rtable Generators The Utility Pumping StationS Division is requesting approval for the pumha~se of two (2) 80kw portable ger~e~rators u!ilizing °ur bid #069-2821-991SP that was awar~led to OK Generators of De~.~eldBe~ch, Florida. This bid was awarded by CommisSion August 3, 1999, and O KGer~erators stated that they were willing to hold pdces, termS, and conditions valid for one year f~mm date of award. ' . Each Generator cost $31,090.00 for a total ors 62 180.00. Funds are available in account 401-2816-536-64.02. Please present this atthe next Commission meeting for their approval. If you have.any questions contact Mark Law at ext. 6403 or Ton' ~ Lombardi at ext. 6421. Attachments CC: Mark Law Tony Lombardi Jim Harmon Barb Conboy _ C-eorganne Barden PURCHASE OF TWO (2) NEW AND UNUSED 80KW MOBILE GENERATOR SETS ' '"Offe~'fmm the ~;~i'~ s~eiJ herein are the on y offers BID OPENING DATE: JUNE 30, 1999 '~-: ~' ~ , ~e]vt~d timely as of tl~e abo~ye receiving date and time. BID OPENING TIME: 2:30 P.M. ' .......... · ~l~o~'t~e~ bff~m~s~l~te~ i~ ~sponse to this solicitation, BID #: 069-2821-99/SP if any, are hereby rejected as late" VENDORS ADS POWER SYSTEMS, INC. ., DIETZ ENTERPRISES ' FL DETROIT DIESEL-ALL SON 81N. DEERFIELDAVENUE 1201SE RALROADAVENUE 2277NW 14TH STREET DEERFIELD BEACH, FL 33441 STUART, FL 34994 MIAM , FL 33125 (954)428-8330 (561)286-6553 1305)638-5300 RICHARD SWEENEY GEORGE W. DIETZ .N,I E THIEME UNIT PRICE $39,857.00 $4212~)3,00 $36,500,00 EXTENDED TOTAL $79,714.00 $84,586.00 $73,000.00 CALENDAR DAYS 120 ' 9~ :~ ' NOT !ND CATED WILL HOLD PRICES FOR ONE YEAR NO NO ' 'YES NUMBER OF BID PROPOSALS SUBMITTED I I 1 SPECIFICATION "CHECK- OFF" ~ ~ · SHEETS SUBMITTED YES * YES * YES MANUFACTURER SYNERGY INTERIqATIONAL ' CUMMINS/ONAN F)ETROJT~31ESEL MODEL SI-80-C 80DG~DA 80DSEJ ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES ~ONFIRMATION OF MINORITY FORM SUBMITTED/NOT A FORM SUBI~I i ED/NOT A FORM SUBMITTED/NOT A OWNED BUSINESS SUBMITTED MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS PURCHASE OF TWO (2) NEW AND UNUSED 80KW MOBILE GENERATOR SETS · fiefs from the vendors sted here n are tl~e on y offers BID OPENING DATE: JUNE 30, 1999 .............. BID OPENING TIME: 2:30 P.M. ' recelv'e'dtth~ilY~l~0f!hi~a~oYerec~vngdateendtime' All other offers submitted It response to th s so cta on, BID #: 069-2821-99/SP If a.y. are hereby rejected as late" VENDORS ADS POWER SYSTEMS, INC. DIETZ EN~-htPRISES : EE DETROIT D ESEL-ALL SON 81 N. DEERFIELD AVENUE 1201 S.E RAILROAD AVENUE ' 2277 N,W. 14TH STREET DEERFIELD BEACH, FL 33441 STUART, FL 34994 MIAMI, FL 33125 (954)428-8330 (561 )286-6553 (305)638-5300 CONFIRMATION OF DRUG-FREE RICHARD SWEENEY ~EORGE V~/, DiETZ N. E, THIEME WORKPLACE SUBMITTED YES YES YES COMMENTS *SEE NOTAT ONS * SEE NOTATIONS ' ~PEcIFICATION BACKUP; SPECIFICATION BACKUP; 'EX(3EPTIONTO~'~PEC F CAT ONS PRODUCT BACKUP'SUBMITTED CERTIFICATE'OF~ORIGIN FOR A VEHICLE; PRODUCT BACKUP SUBMITTED PURCHASE OF TWO (2) NEW AND UNUSED 80KW MOBILE GENERATOR SETS BID OPENING DATE: JUN E 3(} 1999 "off. re from the velldors listed herein are the only offers recei~;ed time y~a~0f, the abovi~ rece v ng date and time. BID OPENING TIME: 2:30 P.M. '~ "'-' All o~her offers subm ttbd n response to th s so c tat on BID #: 069-2821-99/SP ~ if any, are hereby mJectad as late" VENDORS HERTZ EQUIPMENT RENTAL ~IGI'~MORGA~GENE~L MECH O:.K GENERATORS 3849 W BLUE HERON BLVD. 3'~81 N.Ei 11TH AVENUE 373 N. RIVER AVENUE RIVIERA BEACH, FL 33404 pOMPANo BEAcH, FL 33064 ' DEERFIELD BEACH, FL 33441 (561 )848-4336 - (954)943-5535 ~ J, KURK WALTON ROBi::RT'L M~RG,~N ....... .ii ~-~800-386-3i 87 " R:,w- BIRDSONG 'UNIT PRICE . ............. $35~186.00 ~ ~3'5;~338-.00 - $3;I ,090,00 EXTENDED TOTAL., .............. r 6_0 WILL HOLD PRICES FOR ONE YEAR YES :"'YES ~ ' ........... YES BID PR - NUMBER OF OPOSALS ~,' ~.. SUBMITTED 1 1 ::' ' SPECIFICATIQN "CHECK-OFF ............ ' SHEETS SUBMITTED . YES * YES * YES MANUFACTURER · COEEMAN ED '~'UM.M]'I~4B~,? ? ~ ..... ' ONAN ERATOR ............. ~: .................. ' MODEL ..... 105~ GEN ' ..................... ' ' ANTI-KICKBACK AFFIDAVIT SUBMITTED - YES CONFIRMATION OF MINORITY FORM SUBM~I ~ ~D/NOT A IS A MINORITY OWNED FORM SIJBMI~ED/NOT A OWNED BUSINESS SUBMITTED MINORITY OWNED BUSINESS BuSINESS/NoT CERTIFIED MINORITY oWNED BU~ NESS PURCHASE OF TWO (2) NEW AND UNUSED 80KW MOBILE GENERATOR SETS 'Offers from the vendors Itste(I here n are he on[y offers BID OPENING DATE: JUNE 30 1999 re~elged timelyas of the above receiving clare and time. BI D OPENING 'TIME: 2:30 P.M. A~l otheroffsrssubmitted in response to this solicitation, BID ~: 069-2821-99/SP if any, am hereby rejected as late" VENDORS HERTZ EQUIPMENT RENTAL MGI-MORGAN GENERAL MECH. O-K GENERATORS 3849 W. BLUE HERON BLVD. 3781 N.E. 11TH AVENUE 373 N. RIVER AVENUE RIVIERA BEACH, FL 33404 POMPANO BEACH, FL 33064 DEERFIELD BEACH, FL 33441 (561 )848-4336 (954}943-5535 1-800-385-3187 J. KURK WALTON ROBERT L. MORGAN R.W. BIRDSONG CONFIRMATION OF DRUG-FREE WORKPLACE SUBMITTED YES YES YES COMMENTS * SEE NOTATIONS * SEE NOTATIONS PRODUCT BACKUP SUBMITTED COMMENT SHEET; PRODUCT PRODUCT BACKUP SUBMITTED ' BACKUP SUBMITTED Requested City Comtmssmn Meeting Dates [] November 16, 1999 [] December7, 1999 [] December 21. i999 [] Janumy 4. 2000 IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.1 AGENDA ITEM REQUEST FOR Date Final Form Must be Turned Requested City Commission in ~o C~ty Clerk's Office Meeting Dates November3,1999 (5:00p.m.) [] Jarmarylg, 2000 November 17~ 1999 (5:00 p.m.) [] ~ebraary 1, 2000 December8 1999(5:00p.m.) [] FebruatYlS, 2000 December 22, I999~(5:00 p.m.) [] M~ch 7, 2000 Date Final Form Must be Turned in to City Clerk's Office lanuary 5, 2000 (5:00 p.m.) Jantlary 19, 2000 (5:00 p.m.I Febr 2, 2000 (5:00 p.m.) Feb~maty 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administxative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve Interlocai Agreement with Palm Beach County the Phase 2 Downtown Regional Stormwater Facility. (Four original documents are attaehec EXPLANATION: The subject agreement will authorize the City to receive $250,000 in gran~ basis) for constructing a portion of the Downtown Regional Stormwater Facility consisting 0 trench to serve that portion of the project along SE 1~ Ave., SE 4tb St., and Ocean Ave. west the drainage improvements for the Ocean Ave. Promenade project. PROGRAM IMPACT: The funding pi'ovided by this grant will allow for construction of the Ocean Ave. FISCAL IMPACT: The grant amount is not to exceed $250,000. br partial grant funding of ) funding (on a reimbursable ~ piping and exfiltratinn ~f US Highway 1, including drainage system along ALTERNATIVES: Refusing the~ire this funding to be provided from anot ~er, currently unallocated source. ~ ~ Utilities Department Name Xc: Peter Mazzella (w/attachments) John Guidry Finance Dept. (w/attachments) City Attorney File City Attorney/~ance/Human Resources S flBULLETfN~ORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R00- a RESOLUTION ~ :' CITY BEACH OF AND the City Commission of thee City of Boynton Beach, Florida, ~on recommendation of staff, has deemed it tobe in the best interests of the :itizens and residents-of the City of Boynton Beach, FlOrida to execute a an ntedocal Agreement between the City of Boynton Beach and the Board of County CommissiOners of Palm Beach County, Flodda,, a~proving the partial grant funding of the Phase 2 Downtown Regional Stormwater Facility; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT~ Section 1. The Mayor and City Clerk are hereby authorized to execute ~n ntedocal Agreement between the City of Boynton Beach and the Board of County Commissioners of Palm Beach County, which Agreement is attached hereto as Exhibit "A". ~ That this Resolution shall become effective immediately Jpon passage. PASSED AND ADOPTEDthis ATTEST: City Clerk ~Corporate Seal) day of January, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pm Tern Commissioner Commissioner INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH This ][nterlocal Agreement ~s made the day of_ , 1999_ between the City of Boynton Beachi a Ct)pi~ip~ality located in Palm Beach County, Florida (hereinatker"City") and Palm Beach County, a political subdivision of the State of Florida, Ihereinafter "County"), each one constituting a public agency as defined in Parr I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS. Section 163.01. Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use oftheir 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, economm, population and other factors influencing the needs and development of local communiues: 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 which such agenctes share in common and which each might exercise separately; and WHEREAS. pursuant to Chapter 125.01. Florida Statutes (I997), the Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance_ or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions: and WHEREAS, the County desires to environmentally restore and enhance the Lake Worth Lagoon in order to increase native habitat and improve fisheries; and WI-W~REAS, the County recognizes that an improvement in the qualit~ of the lagoon waters / is essential to the restoration of the lagoon as a habkat for littoral and estuarin~ flora and fauna; and WHEREAS, pursuant to Florida Department of Environmental Protectioni. (FDEP) Agreement $-P505, as amended by Amendment No. 1, the County has received a grant firom the FDEP for the purpose of conducting environmental enhancement and restoration of the Lake Worth Lagoon; and VOtEREAS, the County wishes to encourage munici alifies that · Ir' ' p oo aer me Lake Worth Lagoon to protect and enhance their littoral and estuarine habitats by improvi: tg the water quality of the lagoon; and WHEREAS, the County and the City recognize that management of fr sh water inflows to the Lake Worth Lagoon is essential to limiting undesirable salinity fluctuations, turbidity, BOD and flow of nutrients, all of which threaten the habitat therein; and VOtEREAS, the City desires to collect stormwater fxom a4- 25 acre d~ :veloped area and treat that water before releasing it into the Lake Worth Lagoon; and WHEREAS, the County and the City expect that such treatment will lik ~ly improve the quality of the waters of the Lagoon; and WHEREAS, the City has applied to the Lake Worth Lagoon Partner ;hip Grant Program to request a grant to assist in the construction of Phase 2 of the Downtown Regional Stormwater Facility; and / WHEREAS, the City and the County have mutually agreed to cooperate in a City project to construct Phase 2 of the Downtown Regional Stormwater Facility NOW TI-IEREFORE_ in consideration of the mutual represenranons, terms, and covenants hereinafter set forth:'the parties hereby agree as f011oWg: 1 Purpose 0flnterlocal Agreement and Recitals. The purpose of'this Interlocal Agreement is to establish provisions for the transfer of FDEP funds from the County to the City for the limited pUrpose ~f ass~stingl iff the co~stru~non of Phase'2' of tlie~ Db~cntSwn Pcegio~ial Storraw~ter Facility, and-th, set forth the terms_ conditions ahd~ obligatk6h's of each' 65' the respective parties hereto>:,The foregoing recitals are incorporated herein .and are true and correct. Definitions. The following definitions shall apply to this Agreement A. "Act" shall mean Part 1 of Chapter 163. Florida Statutes. B. "Agreement" shall mean this lntertocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereo£ C. "Construction" shall mean the act of physically building the project, or any of the components of the project_ and shall include the process of building, clearing, fining, excavation, or pawng, or the substantial improvement in the size or use of any structure or the appearance of any land. It shall include the transportation, installation or deployment of any completed components of the project. It shall nor include designing, engineering~ drafting or planning of the project, nor shall it include monitoring of the project after completion, installation or deployment D "Project" shall mean the activities described as PFoject 9, pages 2 through 4 of Attachment A- 1 of Agreement SP505_ as amended, attached hereto and made a pan 4 6 hereof as Exhibit A, and as described above in Section I and below- in Section 8 Documents Incorporated. Except as otherwise provided herein, the ~ity agrees that it shall / comply with all terms a~d conditions of Agreement S~305, as amended, between Palm Beach County Board of County Commissioners and FDEP attached hereto and made a part hereof as ]Exhibit A. County's Representative/~Ionitoring Position. The Countv's r )resentative/conrracr monitor during the term of this Agreement is identified below: Name R/chard E. Walesky, Director Address: Palm Beach County Deparrmem of Envi mmental Resources Managemem 3323 Belvedere Road West Palm Beach, FL 33406 Phone: (561) 233-2400 Fax: (561) 233-2414 City's Representative/lVIonitoring Position. The City's representa ive/contract monitor during the term of this Agreement is identified below Name: John A. Guidry, Director of Utilities Address: 5469 West Boynton Beach Boulevard Boynton Beach_ FL 33437 Phone (561) 375-640 l Effective Date/Term. The term afthis Agreement shall be effective on :he date of execution of the Agreement by both pames and shall continue in full force and ell ect for up to eighteen months, inclusive_ unless otherwise terminated as provided herein Th~ County reserves the fight to extend this Agreement for an additional six months, or anothe~ term consistent with Paragraph 2 of Agreemem &PS05. as amended, immediately follov 5ng the term of the Agreement for good cause shown in writing and submitted to the Col nty no less than two months before the date of expiration 4 8 Responsibilities and Duties of the Connty. The County agrees to pay the City an amount not to exceed $250,000 to be used for the limited purpose of reimbursement ['or costs associated Wi~h construction oftheProject described below in Section 8; provided the City meetsthe m~mmum match requirement of $500,000as noted in Attachment A-1 of Agreement SP505. as amended. Activities eligible for match requirements include pre-construction costs such, as platming and design, engineering, an(~ permi~,t[ng~costsTas ~ll~as cdnstruetion costs, incurred on or atSer January l, ~2000, in accordance with Footno~te 6 ~)fExhibit A_ Attachment A-l, Page 1. However. construction costs:are not reimbursable under this Agreement until the effective date of the Agreement. Responsibilities and Duties of the City. A. The City agrees to construct Phase 2 of the Downtown Regional Stormwater Facility and do all the work related to this Project as ~nore particularly described in Exhibit A. Attachment A-1. Project 9, pages 2 through 4: and The City agrees to provide the funds for the balance of the Project not ~unded by the County; and C. The City agrees to subrfiit quarterly reports and invoices to the County by April 14. July 14_ October 14 and January 14: and D. The City agrees to complete the Project in a timel? fashion, sausfying all necessary permits and inspections: and E. Within two weeks of conqpletion of the Project. the City agrees to submit a final Project report to the County I'he City understands that this Project report will be forwarded to the FDEP in conformance with the requirements of Paragraph 5 of 12. Agreeme~,r SP505. as amended F In the event that the project ~s not completed at the end of the contracted period of time, the final amount of the grant will be prorated based on the amount of construction completed and the original match-to-grant ratio Payments/Invoicing[ and Reimbursement. City shall submit invoices to County which will include a reference to this Agreement, identify the Project, and identif~' the amount due and payable to City. Invoices shall be itemized in sufficient detail for prep ,ment audit thereof City shall supply any further documentation deemed necessary by Cour Invoices received from City will be reviewed and approved by the Department of Envi 'onmental Resources Management. 3323 Belvedere Road. West Palm Beach. FL 33406-15 J~8. who will indicate that expenditures have been made in conformity with this Agreement a~ td who will then send the invoices to County's Finance Department for final approval and p~ 'ment. Funding Source. The County and City agree thatthe sole funding sour : for this Agreement is grant money obtained by County from the FDEP and shall not exc~ ed a total amount of $250_000 It is also understood that the County's performance anc obligation to pay is contingent upon an annual appropriation to FDEP by the Legislature Access and Audits. City shall maintain adequate records to justify all c targes, expenses, and costs incurred in accordance with generally accepted accounting princit als. Both the County and the FDEP shall have access to all books, records and documen ~ as required in this section for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the Project. Renewal. This Agreement may not be renewed 6 13 15 17 18. 19 Breach/Opportuni~ to Cure. The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide tothe party, in default thirty (3¢) days wrmen notice,to cure saiddefhult')ef0re exercising an5 of its rights as provided for in this Agreement termination. This Agreement may be terminated by either parry to this Agreement upon 30 days,~ritten~noti~¢ ~o~theother parry. ..... · ~ _ - Enforcement Costs. Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respecnve parues,-provided, however_ that this clause pertains only to the pa~xies to this Agreement Notice. All notices required to be given under this Agreemem shall be deemed sufficient to each party when delivered by United States Mail ro the County and City representative/contract monitors identified above in Sections 4 and 5. respectively, and with a copy sent to the Palm Beach County ,attorney's Office. 301 North Olive Avenue_ Sixth Floor, West Palm Beach, FL 33401 Delegation ot' Duty, Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of stare. County, or city officers. Filing. A copy of this Agreement shall be filed with the Clerk of the Circmt Court in and for Palm Beach County. Liability. The parttes to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts. omissions, and negligence of the other party Further. nothing hereto shall be construed as a waiver of sovereign immunity by either party, 20 21 pursuant to Section 768.28. Florida Statutes. Indemnification. Without waiver of limitation as provided for in Section 768.28(5 ]. Florida Statutes. and to the extent permitted.by law. the County agrees ro indemnify and hold harmless the City from any claims, losses_ demands or cause of action c fwhatsoever kind or nature that the City, its agents or employees, may or could sustain as a I ssult of or emanating out of the terms and conditions contained .in this agreement that rest [t from the County's negligence or willful misconduct. Without waiver of limitation as pr,~vided for in Section 768.28(5). Florida Statutes. and to the extent permitted by law, the Cit f agrees to indemnify and hold harmless County from any claims, losses, demands or cause of action of whatsoever kind or nature that the County, its agems or employees, may or could sustain as a result of or emanating out of the terms and conditions contained in tiffs Agreeme tt that result from the City's negligence or willful misconduct. Nothing herein shall be construed as a waiver of sovereign immumty by either party, pursuant to Section 768.28_ Flori~ Insurance. Without waiving the right to Sovereign Immunity as provic Florida Statutes, the City acknowledges it is self-insured under State statutes with coverage limits of$100_000 Per Person and $200_000 Pe~ monetary waiver limits that may change and be set forth by the legislatr agrees to recognize as acceptable coverage for General Liability and insurance. In the event the City voluntarily elects to maintain a Commet and/or a Business Auto Liability insurance~policy, in lieu of exclusiv Section 768.28 Florida Statutes. the City shall agree ro add the Cou .a Statutes. ed by Section 768.28 Sovereign Immunity Occurrence, or such re. which the County Automobile Liability :iai General Liability self-insurance under ~ty as an "Additional 8 22 23 Insured" with respect to liability arising out of the City's operanons ot premises owned by or rented to the City which is subject to this Agreement. Said insurance policies shall have a,~urn lirrf~t of $500,000 combined single limit of.bodily:injury 6Lproperty damage The City shall either self-insure or mamtain~insurance for Worker's Compensation insurance for all o£its employees connected with the work of this Agreement and_ m case any work ts su~ocontmeted, the~ ~y,shall,, require~the :~sub¢ontmemr ,similarJ. y?~;to~:;pr6~id:~ Worker's Compensation fur all~o~tbe subcontractor's employees unless such employees.are provided coverage by ,the City The City shall agree to have adequate property insurance including builder's risk coverage while the project is in the course of construcnon, maintained in adequate limits of coverage on the building and contents based on the Cky' s probable ma:(~mum loss estimates against the perils of fire. wind. flood, and other hazards. City shall agree to be fully responsible for any deductible or self-insured retennon When requested, the City agrees ro provide a Certificate of Insurance or aff~davit evidencing the required insurance coverages or Sovereign h-nmunity status above. Compliance With Law. The City shall comply with all applicable federal, state and local rules and regulations in providing services under this Agreement The City acknowledges that this requirement includes compliance with all applicable federal_ state and local health and safety rules and regulations. The Cit~ further agrees to tnclude this provtsion, tn all subcontracts issued as a result of this Agreement Amendments. This Agreement may only be amended by written Agreement executed by both parries hereto 9 24 25 26¸ 27 28 29 Remedies. This Aereement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreemem will be held in Palm Beach County. No remedy herein conferred upon any party is intended o be exclusive of any other remedy, and each and every such remedy shall be cumulative an shall bein addition ro every other remedy given hereunder or now or hereafter existing at w or in equity or by statute or otherwise. No single or partial exercise by any party of any riglht, power, or remedy hereunder shall preclude any other or further exercise thereof Time of the l~ssence. The parries expressly agree that rime is o:' the essence in this Agreement and the failure by a party to complete performance within he rime specified, or within a reasonable time if no time is specified herein, shall, at the opti >n of the other parry without liability, ~n addition to any other rights or remedies, relieve ~ other party of any obligation ro accept such performance Equal Opportunity Provision. The County and the City agree that no person shall, on the grounds of race~ color, sex, national origin, disability, religion, ances ry, marital status_ or sexual orientation be excluded from the benefits o£ or be subjected ro any form of discrimination under any activity carried out by the performance ofthi s Agreement Captions. The captions and section designations herein set forth are ?or convenience only and shall have no substantive meaning. Severability. Inthe event that any section, paragraph, sentence, claus,,, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall no affect the remaining portions of this Agreement anct the same shall remain in full force and effect. Entirety of A~reement. This Agreement represents the entire under ;tanding between the 10 parties, and supersedes all other negotiations_ representations, or agreement, either written or oral_ relating to this Agreemem tN WITNESS WHEREOF_ the COUNTY OF PALM BEACH, Florida has caused this Agreement'to be signed,by the"Chair of the Board of Cotinty Commishoners 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 name by its Mayor and its seal to be affixed hereto, attested t~y its Clerk. the date and year first above .wr, kten. : - -- ' · CITY OF BOYNTON BEACH PALM BEACH COUNTY. FLOR_IDA BY'ITS BOARD OF COIJNTY: COMMIS SION'ERS By B5 Mayor Date Chair Date ATTEST: ATTEST DOROTHY H. WILKEN. CLERK By._ By: Date Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:. By: City's Attorney County's Attorney DEP AGREEMENT NO. SP$05 STATE OF FLORIDA GRL42~T ASSISTANCE PURSUANT TO LINE 1TEI~! 1299A OF TIlE 1998 - 99 APPROPRE%TIONS ACT THIS AGREEMENT is entered into betweon the STATE OF F ENVIRONMENTAL PROTECTION, whose address: isGg0~2 Commonwealth Boulcw (hereinafter referred to as tho "Department") and thc PALM BEACH COU COMMISSIONERS. whose address is 3323 Belvedere Road, Building 502. West Palm referred to as 7Grantee"), a local,government, to perform Lal~e Worth Lagoon~ Restoratio~ In consideration of rte mutual benefits to be doric-ed hcrefrom, the Depar~mem asToItdws: Th~ Gray, tee does hereby agree to a~ani~nister and manage subgmms for Lake Eiih~then~ by,ente~ring} into subagree/n~'~with the :v'~iOu~:'Sub~,tan~ee a~cord~fi~e a'itl~ ~te~ ~nd eb~diiiOn~ sot i f~r~!i.in thi~ :;~gree~2ut~; A~ta~hm~ attaclunents and e.xhilsi,ts named heieia W~91~ ~e aitache}d hereto and incorpora herein shatl preclude the Grantoe from fundingapproved projects done directly l This Ag~ent shall begin upon eXeCUtion by,th parties and shalP?e~n*~n tnclus~ve. In accnrdance x~th $ccUun 287.C~8(2). Florida statul~?,~,It~::G reimbursement fo[ services rendered prior to ~e execution dam }of 'this Agre~ amended to provide-for addmunal serwces ff ad~iittonal fundingt~ ma~ a~,mlabl As consideration for the sendCeS rendefeXl shall pay the Grantee or be reimbursed on a cos~ r of the table of Page 1 ,ORIDA DEPARTMENT OF rd. Tallahassec. Florida 32399 xlTY BOARD OF COUNTY mob, Florida 33406 (hereinafter and Enhancement Projects. and ti~ Grantee do hereby agree Worth Lagoon Restoration and ~'whc~;wiil'perfom projects in nt A,(SooPe of Services), and all .ed he,eib by iefercnce Nothing , the Gmntee. ~ffec't for thC-six (36) months, mtee:~hall :hot be eligible for neut. This Agreement may b~ ~bY th~ Legi.~i~turo. Contract Payment c finds that thc work Column E f Serdces described in identified above thc individual match thereof. All Florida The State of Florida's performance and obligation to pay under this Agrecme: appropriation by thc Legislature The Grant~ shall submit invoices on a com'enicnt bas s, burl no~ more frequ fr~,~uenfi~ th~quanerly. Invoices, shall~be submitted in conjunction with pr-ol p~rf6¢n~,:problcms encountered, laroblem re~olution, schedule updates and ~r~ peni:~l. ~f ad',anc~ pa)merit ts authonzed~ thcGrantec shall report (and docume~ d~ring the mpOrti~tg period, the Agreement,expenditures to date, intcres~ earne indicate ,~ho methedTor repaymcnv ~f th,c. intercst t.o the Dcpanmcnt (see:paragr and agreed by the panics thai thc tenn 'quarterly' shall reflect the calendar qu~ Sqptem~ 30 anc~ Decmnber 31. The Gmtuea and each subgmntcc s reqmm~ U~n Coiuplction Of the project for whielt they ~re responsible for cund~otint submitted io tho Department's Ag?cement Manager no later than thirty (30) d~ which mst ocCUr al least ~sixty (60) days prior to thc comp etlon da.c established OEP Agreement No. SP$05, Page 1 of $ EXHIBIT A : is contingent upon an annual ratty than monthly and not less ross reports describing the work ~osed work for thc nexX reporting t) the amount of funds exponded during the quarter and clearly lph 19). It. is hereby understood rtcrs e~iding March 31. June 30. .o submit a final project report Said project reports shall be s folloMng project completion ia paragraph 2 above. Pursmint to Section 215.422. Florida Statutes. the Departmcut's Agreement Manager shall have five (5) working.~ days. unless othenvise specified herein, to inspect and approve tile services for pa)anent: the Department must stlbmit and file 10. lt. consult with the to2 allow public access Florida Statutes, and this t. The Department. the term audit 12. the 000. an ~ Section $100,000, a has complied ; a~re less than that the entity or the right to recover within six is in effect 13. 14. 15. 16. 17. -John MoUlton Delmrtmcnt of Enviroumental Protection Southeast District Office Post Office BOX 15425 West PalmBeach, Florida 33416-5425 -Audit Director (MS40) Department of Envirunmentai Protection 2600 Blair Stone Road Tallahassce. Florid~ 32399-2400 -Audit Manager OffiCe of the Auditor General P.O. Box t735 Tallahassee. F ofida 32302 To ensure compliance vdth Section 216.349. Florida Statutes. Chapter 10.600, provided as Attactunent C. Although tiffs d~cument is provided as an attactuner acknowledges-that this role is siib~ect to,periodic reVision by the Auditor General to comply w/th the effective version of the nile at the time of satisfying the audit The Grantee is authorized to: subcontract with the entities identified in A~t~. ch 0thenvisesuhcontract, assign; ~,~transfer any work under this Agreement wi~o~ Depaxtmant s Agreemant Maa?ag~..T~e Gmat~e~agrees to be responmble for the included m any suboantract:.c0useated to by the Department and agrees to bel r~ momes due under any subcontract. Itts understood and agreed bythe Grantee liable to any subcontractor ~'or; ~, y expenses or !3abilities incurred under the s shall be solely liable to the Subc0atraet~r for,allle'XPeases and liabilities incurred Rules of the Auditor General is tto this Agreement. the Grantee and as such, the Grantee agrees ~eqmrements of this Agreement. neat A. The Grantee shall not t~the prior ',sxitten consent of the fulfillment of all work elements [pousible for the payment of all ~at tie Depaxtment shall not be bcantract axtd that the Grantee ruder the ~ubcontracu In accordang with Section 21 ~6~3~7,,Florida Statutes, the Grantee is hereby Proh~bited.~om using funds provided by this Agreement for~the pm3~°s~e of l~bbying the/'Legislature, the judieial',branch ~r a state agency. A person or affiliate 3vh0 has been placed on :thei~ crime may not perform wor~ ~i~ grantee~ ~n ,h~a~oi, supplier, any p,blic entity; an~ ma~ abt, transact t/asa'n~.~s ~4th any public entity provided in Siecfiun 287.017, KS., for Categaqt Two, for a the convicted vendor list. conviction for a public entity threshold 'amount The Grantee shall comply '.,,5th all applicable federal, state and local roles and to the Department ander th~s Agl'nement, .The G~mtee acknowledges that thi~ with all appli~able;federal, stat~:and local,health and safety include fl~is,l~rovision in aIl subcontracts issued providing services .grees to The Department's Agreement Manager for this Agreement is identified below. Nam~ Adtire.~: Phone: Fax: Jolm Moulton Department of Environmental Proto Southeast District Offi?~ 400 l~lorth Congmes A~ enue ~Wast:Palm Beach, Florida 33416-5 561/681-6600 561/681-6755 :fion 25 DEP Agreement No. SP505, Page 3 of 5 18. 19. The Grantee's Agreement Mmmger lbr this Agreement is identified bclmv. Name: Pdchard,E..~W, alesky Address: pahr~: nB~t} County Environmental Resources ,3323:Bel~'edcr~R°a.d; Building 502 West PaimBeaeh. Florida 33406 Phone: 5611233-2~.00 .... In accordance with Sectio,n. 2 16.18 l{l$)Co)~ FIo~da Statutes; tbt¢ Department, upon v, Titten request from the Grantee and x~tten approval froal tile Comp)r611~:r, may l~ro',<id~ afl advance to the Grantee Tlte Oranme m.~v temporarily revest the advanced funds, pr0~id au)7~lt~rest ~n~om¢ si~atl e~ther be returned ~o the Depamnent, wnhm thmv (30) 3ays o£e~.ch,~,iq pptied agmust tho Depamnent s 0bhgaUon to p~,, if applicable Under tltis~ Agreentent iii[[i ~(~t,~be retm'n~ to the Department within the timeframe identifi;'d aloove Or invoicos.m/ilt~b~( B:~e same tim~rame that shms~ the 0ffset of the interest earned, the which must be ~ the State the 20. 21. 22. 23. 24. the life )f th~s , the comply fully with and cause each The Grant~07~,arrants and relxesents that ~t :}s sell;funded for liabihty ~r~n~ ~.., ~al~,~pr~ato and allowable under Flo~flzi,!a,~,~,,an~-tlla~ such self-insuranee-offers~gr~/teeuoa,~apph~,l~)~t~:~e~,~iiffieers, employees, Tho Oranme covenasts tliat ~t presently has n~ mterest!aadf,,l~kl aot la~m)~erest,whach would cenfl~ct m any:marmer'Og d~gtee ~J.h the performance of:sen.~cosmqu~ed: Tho purchase of:'non-expendablo eqmpment costing $5~1(1 or, mon~ is nOt'authorized under the terms of this Agreeinent. ), . The Department may at any time, by wdttcn order des gnated to, t~ a change order make any change in the work witltin the 'gmeral ~cop0. of this Agra.merit: (~.g., specifi~ffons, time, method or manner of performance, r~uirements, ere0. All~c~ge ord0rs: ,qr~ subject to thc J~utual.agreement of both parties as evidenced xsfitmg Any change order x~ltich CaUSeS an lncrease or d~r~ in the Grantees cost or tune shall formal amendment to this Agreement., - DEP Agreement No. SP505, Page 4 of 5 25. It is understood and agreed that thc Grantco, and its subgrantccs, shall not be compensated under this Agreement for any chenticat or biological sampling 'and anal)sis perfom~ed ,as a compouent of the projects dcscribod in AUachmcnt A. Therefore ,'tlxe Department's Quality Assurance (QA) Requirements and Data Validatian Rcquiremcnis shall notapph to dfis/~grcemcnt. 26. This Agreement represents the entire agreement of the parties. Any a~teratians, variations, changes, modifications or ~ve~ of provisions of this Agreement slmll only be ~valid whan they have bcen reduced to uTiting; ,dui:.' Signed bv cach of the parties hereto, and attached to the original of this Agrecment unless otherwise pro~4c~ hcr~in, · IN WITNESS WHEREOF. the parties have caused this Agr<ment to bo duly executed, tho day and :,'ear la~ written below. PALM BEACH COUNTY BOARD OF coUNvY COMMmS Or, ZS R99 588 D Title: Chair Maude Ford Lee STATE OF FLORIDA DEPAI~TMENT OF ENVIRONMETAL PROTECTION /") x ~ ,,- '~ ,. Secreta~ or designee s/, / Date: Date: FELD No.: 5%6000785 D~ Agreemeyt Marmger DEP Contracts Adminigtrat6r Approved as to form and lega] DE~ k~' Attorney *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Agreement or must accompany the Agreement, List of attachments/e.xhibits included as part of this Agreement: Specify Letter/ Type Number Att,achmcnt A Attacluncnt B Attachment C Description (include number of pages) Scope of Servicos (23 Pages) Comptroller Contract Paytnent Requirements I 1 Page) Chapter 10.6{30. Rules of the Auditor General (5 Pages) DEP Agreement No. SP505, Page 5 of 5 ATTACHMENT A SCOPE OF SERVICES l~:gislative Line Item Appropriation 1299A pmvi.d,~l, $1,000,~00 for Lake Worth Lagoon Restomti.o,n end Euhenecment Projects. A total o~ ~..en (1 l) Grant Applications (bt various pmj~.*ts ,.,.-era submiUed by qualified ,applicants and reviewed by a Select on Commiuec compri~l of re ~resentattvcs ?om t~ ¢ Depm-une: o' Env rax ne ,tai l>rotectioa,~e 8$~th ~lo[id~.~ Water btanagemumt Distri,ct,~ the U S Fish mci W dl fu Serene. thc West Palm Beach F,~hing Club and the Flon~!a ~ ~a~gaQ~ DlstncL 'Tlie lollowlng tabl¢-,dantffiea the projecls 'ah ch thc Selcutinn Cormnittea approved on OCtober 14, 199S for fuhding~d~s~-peCifi~ ffppropfiation. L-~KE WORTIt l-axOoo N ~ p,.l~T I ~.~. ,}fi~ l) ZN I,~CE,I ~l~N~r PROJECTS Requclst (Grant Award Number: I ~ifici~ R~ef S~l'D~fiet S~02 000 S51,000 .50 ~ $5L 0~07 :~ ; ;$51~O00 ~ SIO2.00( 2 Do~wn ~ Ci~'6f S5,000.000 SI,000,000 .80 ' ~ ' ' $300 000: ~ Sl.~.~0 SL~00,00C Wa~ R~oeaF Bo~mon B~ ' 3 :" Pump~e ~IMafi~a'~Out F~ ~ ~ ; T~aa °~ ~epa~ ' ~'~ , $125,000 ~2,500 .66 > ~2,500 ':.~, ~'~;~< ~8~0 $125~00c 4 : M~P~k ;To~o~e $160;000 $80,000 .50 $80.~ ;" ~;000 $1fi0,00( : Mana~em~t 5 . P~ofPalm B~ch . ~ Po~ of Palm $147,408: ~: $ Fd7,408~ ~94,8i{ : M~ D~nag¢ B~ah ..... plan,Impro~em~n~ ' . ,- 7 ~ P~nu~ Island En~m~e~m Co~ Boa~ Admini~fiea , projecm 1 ~) ' Co~missioncm Totaba'4 ~ S9,347,393 S2,023.500 -I $1,000.0~ ~ ~ $3,460,229 ~,431,I3; Notes: - - ~Should the City of West Palm Beach (Project No. 6) not receive permits on a timely basis ('Mthin sixty (60) days of cxccating a subagrecment with Palm Beach Count)'), their allocation will be transferred to thc Cit~ o£Boynten Beach (ProjeCt No. 2). lAt the time af applicatinn for the grant, 9c grant applicants agreed to pay for this much of tim project. Except as provided for in paragraph 3 of this Agreement,'/nd[vidual ma/c~ cdmmitmeats-~hall be identified and monitored for each grentee/subgrantcn and ishall, at a minimum, meet the proposed ma~tch-l~rcentages idimti~. ~d ia, the grant app cat oas submitted for project eva uat on a~d selection. :La dctermin/~g compliance with match requirements, each grunteeJsubgrantea may use activities undertaken on or after thc projected project s 'tnrt date established ir[ Attachmeat A, Projects I - 7'(as appropriate) *For Projects I - 7, only construction activith.'s (as described below and pofforrned during the term o£ this Agreement)' will be eligible for raimimrsement under this Agreement For purposes of this ^grccmcnt the term "Construction" shall mcan the Construction shall mean the act of physically building the project, or any of thc components of the project, and shall include the process o£building, cleating, filling, excavation, or poving, or the substantial improvement in the size or use of any structure or the appearance o£anv land. It shall include the transportation, nstellatinn or deployment o£eny completed components of the project. It shall not ]gctude~dcsigning¢ anginecring, drafting or plannin~ of the project, nor shall it include monitoring of the project after comptetion~ installation or dcplosaneat. DEP Agreement No. SP505, Attachment A, Page I of 23 10.620 AUDIT REQUIREMENTS (1) When an audit is i'equired pursuant to Section 216.349, Fledda Statates, the audit shall be an examination conducted n accordance w~th attestation standa~s promulgated by the American Institute of Certified PublicAccountants. Grantor. State agenc es may also impose additional requirements. (2) ~he report produced in compliance with Section 216.349, Florida S s~:hedul~ of Sta~, finan;cial assistance which meets the requirel agen¢~(s~ ,~nd=a.,,~dttefi r~po~ whiCh~ incJudes an opinion on managel t~ e'r~[~; .~csmpliae,~e ~ith gr~n~ requirernents. ~.dditionatly, the re schedul~ :of Stat~'finan~iai assistance and i~houJd indicate whetbe[', ii the appl cab e man~g~n~ent Assertions:are fairly stated in all matedal General A~th~or~ and L~Wj~n~R emented - Se~ ~p ~i 1 45~ Fl0rida, Statutes. and. Section 216.349 His o~j~. Ne~ ~-9~ ~rne~ 06-30-9;~ ~3~-~t 0~-3~-95. 0~'30-97 atutes, shall contai~ a "tents of the granting [ent~ s assertion about )oft. should refer to the the auditor' s opinion, 'espects. ~dda;Statutes. These Rules, a-s amended,,shall ~take effect September 30, 1997, and are applicable to audits for fiscal yearn ~nding.Septer~ber 30, :I 997, aAd ~thereaffer General Aut~b~;ity a~B La~lmpt~ted - Section 1~1.45, FI0rida Statutes;'ahd Se~-tiod 2'1S.3A,9, Rot[da Statutes. Histo~, New~06;-30-92 ,Amende~ 0~.~ 30--93, 06-30-94, 06-30-95, 09-30-96. 09-30-97. " Renurnbered 09-30-97 (formerly 10.640) DEP Contract No. SP505, Attachment C, Page 4 of $ APPENDIX ~EXCERPT~ FR~M~ FEO RIDA STATUTES~ 1997: t6:349 Fmancm[ re~ew~of grants and mds'appropnat[cns;'aadit or'attest~it on statement - (1) grant or to that is (a) If the amouqts~receNed exceg(~ $1o0~000~ hale',an audt erfo~rmed:' n accordance wth the,rules of the ~Aud~t~t Geneml?promulgated-,~pa~,s~ 1~'),~45;' - ~ , ~ :,',, - (b) ~ [~e ~o~ts,,, ~reee ~ ~d,., , , $2~0~.~ut d~ e~eed. , ~$~00,000 have an a ud't p~o~ m acco~a~ ~;the~ [pt~ 0f~{he~AudAbe Gene~al~pmmulgated pumuant to S ~ 4~ 0[ :~a~e ~ ~;~ Pqe~r~d ~y pn ~pendent ~i~e~ p~bhc accountant ~¢~:tbe~a~ a~z~m~sc~ ~lt the mvso (c) If ~e amounts received do ~ot exceed $25.0oa, have t~e head of the entity or o~iza~ion affest~ u~d~ penalties of pedu~, ~ the en~ity or o~aniz~tion has co'plied with t~ pr~isi6nS of th~ grant. All audits pe~o~ed or a~e~tio~ ~ateme~ts prepared under this subse~ion shall be filed with the grant ~g agency and ~th ~he A~d ~r GeneFal. Hi~. - s. 29, ch. 9~-109; ~ 78, c~ 92-~ 42 Note: The above excerpt from the Flodda Statutes is based on Section 216.349. Florida Statutes (1996 Supplement) which was not amended during the 1997 legislative session. The codified 1997 Florida Statutes were not available at the time theses Rules were updated. DEP Contract No. SP505, Attachment C, Page 5 of 5 Pages 2 -23 of Attachment A of Agreement SP505, as amende~, have been omitted from Exhibit A since they are not relevant to projects for SFY99~00. For acopy of these pages, please call Ginny Powel~, Palm Beach County Department of Environmental Resources Management, Phone 561/223-2512. Pages 2 -23 of Attachment ~ of Agreement SP505, as amended, have been,omitted from~xhibit P/sirrce th~ey arc n0~ r~leVant to projects for $~99:09~ ~Or~{[ ¢opy:0f theseP ~,~:eS~ pleas~:~ati.,?,r~ Ginnypdwell..Palm ,B ~¢h' C0tmt¥~D ePhFanon~ ofE~o mnenial ~e Sbi~ ice.Management,, Phone 561/233-2512. - ' ATTACHMENT B Comptroller Contract Payment Requirements Department of Bauking and Finance, Bureau of Auditing Manual (10/07t97) Cost Reimbursement Contracts reimbursement is being claimed indicating that the item has been paid. Check numI~ copies of actual checks. Each piece of documentation should clearly reflect expenditures for categories in the approved contract budget should be reimbursed. Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel; ~xpenses, etc.) Support[rig documentation must be provided for each mount for which ers may bc provided in lieu of the dates of service. Only Listed below are examples oft3~pes of documentation representing the minimum rec firoments: A payroll register or similar documentation should be st ~m/tted. The payroll register should shoxv gross salary charges, fringe benefits, other c eductions mad net pay. If an individual for whom reimbursement is being claimed is t aid by the hour, a document reflecting the hours worked times the rate of pay will be ac, :eptable. Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the cc ntract specifically states that fringe benefits will be based on a specified percentage tether than the actual cost of fringe benefits, then the calculation for the fringe benefits a nount must be shown. Exception: Governmental entities are not required to pre vide check numbers or copies of checks for fringe benefits. Reimbursement for travel must be in aCCordance with Sect on 112.061, Florida Statutes, which includes submission of the claim on the approyed State travel voucher or electronic means. · Reimbursement will be made based on paid invoiees/receipts. If nonexpendable property is purchased using State'~nds, the contract should includea provision for the transfer of the property to the State ~hen services are terminated. Doeumentatinn must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor.to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent traasfer to the State. (I) Salaries: (2) Fringe Benefits: (3) Travel: (4) Other direct costs: (5) In-house charges: (6) Indirect costs: Charges which may be of an internal nature (e.g., pc reimbursed on a usage log which shows the units times tho must be reasonable. If the contract specifies that indirect costs will be paid base calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract bee, veer contract involving the State University system or the Stat{ the agency receiving the contract or grant moneys shall cha the total cost &tho comract or grunt for overhead or indit required for the pa>ment ofdirect costs. stage, copies, etc.) may be rate being charged. The rates d on a specified rate, then the state agencies including any Community College system, rge no more than 5 percent of :ct cost or any other cost not DEP Agreement No. SP505, Attachment B, Page 1 of I ATTACHMENT C RULES OF THE AUDITOR GENERAL CHAPTER 10.600 AUDITS OF STATE GRANTS AND AIDS APPROPRIATIONS UNDER SECTION 216.349, FLORIDA STATUTES EFFECTIVE 9-30-97 DEP Contract No. SP505, Attachment C, Page i of 5 RULES OF THE AUDITOR GENERAL CHAPTER 10, 600 TABLE OF CONTENTS Rule Section No. Description Pa.qe 10.610 10.620 10.630 PREFACETO RULES ....................................... 2 DEFINITIONS ............................ ......................... 3 AUDIT REQUIREMENTS ......... ................ I ......... 4 EFFECTIVE DATE..' .......... : ...... ............ :..t ........ 4 APPENDIX'....: .................................................... 5 PREFACE 3~O RULES, , Section 216.349, Florida Statutes; Imposes audit requirements ~ and..aids appropdat ons-fmm State ,~ni:ies.' The grants ~nd aids appro Sedbon: 216.349 Flodda :Statutes, a~e;thi~se ~lesignated as "grants a appropriations a~t. The begirmingLl~Oiht bfany a'udrt ~'equ~ired by ~-his sec! deterrninat on of wh ~;h sta{e mo~;S ~-ece Yeti by the a~{6e-are grants ~ as descdbed above. .The Auditor General has.no authority or responsibility to determine are covered by th s sect on of, the F Odda Statutes. Because of responsi administering State agency and the Comptroller of the State of Flodda, e able to assist the audtee in- deterrn ning which grants and 'aids, come u Fiorida Statutes. The administering stat~ agency shou d also'be consu ted form requirements for the .requ~ired report and sch'edule. These rules apply onlyto grants made by State agencies from ap as "grants and aids" in a Flo~da aPp~'bpdation~ act. TheSe rules do from soumes of money other: th~ :{t~ose designated aS "grants' an appropriations act. ~n recipients of grants ~dations referred to '~n 3d aids" in a Flodda on of law should be a nd aids appropriations which grants and aids )ilities assigned to the iher or both should be 3der Section 216.349, regarding any specific ropdations designated apply to grants.made aids" in a Florida There may be occasions when State g'rants and aids appropriat ons moneys received from a State agency include Federal moneys. Certain changes to these rul~s have been made to assist State agency Federal award pass:through recipier~t~ in their effort to implement new Federal reqUir~mer~ts (i.e., Single Audit Amendr~ents of 1996 and revisec~ OMB Circular A-133) while still complying with the Sect on 216.349, Flodda Statutes, rec~.~Jirements. The most significant change to these ~les is the requirement that theiauditor conduct an examination in accbrdance with AICPA attestation ~anda~s and issue an examina ion attestation report addreSSing compliance with ~h6 grant ~equ ~;ements. Since the primary objective of~a Section 216 349, F orida Statute.' the recipient' s co~nplianc~ With f~t~e g~:an~ provisions (including a determ grant funds were used for authorized purposes) an examinaUon conduct AICPA attestation standards ShOuld be' sufficient to meet this objectiv standards are not s gn ficant y different from AICPA auditing standards work necessary to meet this object ve would not. vary s g,n ficantly wheth audit or as 'part of an attestation engagement. An .exar~i~afi0n done in a, audit is to determine ~ation of whether the ;d in accordance with · AICPA attestation ind the love of audit .'r done as part of an ;cordance with AICPA DEP Contract No. SP505, Attachment C, Page 2 of 5 attestation stanaams provides a high level of assurance (i.e., an opinion) and should satisfy the monitoring needs of pass-through Federal award recipients. Examinations intended to satisfy such monitonng needs would be limited to the five types of compliance requ rements specified in OMB Circular A-133 for lin~ited scope aud ts Another advantage..e~faa eyamination, conducted in accordance with AICPA attestation standards is that the a~ii~Y~s 'ex~in~(ior~'.~'[tes{ation report is essentially the same regardless of whether or not the grants and aids recipient s a local government, not-for-profit or for-profit organization, or had a financial statement addit, The USe of the same report to Satist;y app icable Federal sub~ecipient n~ pit~g requirements and/or State grants and aids a;epropi'iat ohs audit eqmrements sheuld eas? admm[strahve~burdens imposed On sta[eragenc~s. ~i: i..-~ ,. ~ .~ , which Federal 3lng ~ral and require a financial ng (1 (c) Genera[/ :listrict or however not-for- 116, or a DEP Contract No. SP505, Attachment C, Page3 of 5 DEP AGREE~ NO. SP505 AMENDMENT NO. 1 THIS AGREEMENT as entered into on the 2na day of March, 1999, ~etween the STATE OF ,F,.LORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the Department'~) and the PALM BEACH COUNTY BOARD OF COUNTY coMMIssIONERS (hereinafter referred to as the "Grantee") is hereby amended. WI-~REAS, Line Rem appropriation 1185 of the 1999-2000 General Appropriations Act awarded aa additional $1,500;000 to the Department for restoration and enhancement projects for the Lake Worth Lagoon; and, WHEREAS, the Department received and approved eight (8) addifiona which shall be funded in part, from such appropriation; and, WHEREAS, a time extension is necessary to complete the proposed proje ~REAS, the Gramee shall be compensated for its administrative role i: Lake WotthiLag~oaSubgrants as set forth in Attachment A-I, Supplemental Scope grant project proposals s; and, managing the additional ,f Semees; and, WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE,:the Agreement is hereby amended as follows: All references to Attachment A, Scope of Services, are hereby revised to include Attachment A-l, Supplemental Scope of Services, attached hereto and made a part hereof. paragraph 2 is hereby deleted in its entirety and replaced with the followin 2. This Agreement shall begin upon execution by both parties and sixty (60) months, inclusive. However, all services set forth in Services, shall be completed no later than March l, 2002; and Attachment A-I, Supplemental Scope of Services, shall be eomple 2004. In accordance with Section 287.058(2), Florida Statutes, eligible for reimbursement for services rendered prior to the Agreement. This Agreement may be amended to provide for additi funding is made available by the Legislature. hall remain m effect for attachment A, Scope of all services set forth in ed no later than March 1, the Grantee shall not be execution date of this ~nal services if additional Paragraph 3 is hereby revised to increase the maximum compensation amc from $1,000,000 to ~2,500,000 (aa increase of $1,500,000). Paragraph 12 is hereby deleted in its entirety and replaced with the followi~ 12. In addition to the provisions contained in paragraph 11, the Grant, applicable provisions contained in Attachment C (Revised), Spec attached hereto and made a part hereof. A revised copy ef Attaehme must be provided to the Grantee with each amendment which author ant under this Agreement :e shall comply with the iai Audit Requirements, bt C (Revised), Exhibit-l, zes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment C (Revised). I/the Grantee fails to receive a revised copy of Attachment C (Revised), Exhibit-l, the Grantee shall notify the DEP's Contracts Administrator at 850/922-5942 to request a copy of the updated information. DEP Agreement No. SP505, Amendment No. 1, Page 1 of 2 - Paragraph 17 is hereby revised to Change the phone number provided for contacting the /-" Department's Agreement Manager to the following: ~.._r- : ~Phone: 561/6814774. A~achment C (Revised), Special Audit Requirements, is hereby added to~the Agreement. Attaclunent C; Rules ofthe Auditor General, is hereby:deleted in its entire~. ' - . In all other respects? the Agreementofwhich this IN '~VITNESS WHEREOF; the parties b-ave caused ~s ,A~n,.¢ndment t~ be duly eXec~d the day and year lastwntt~n~elo~, ~ ~ ~ .~ - ' · , ~ ~ OF C0 ; OM MmSXOSERS, OF By: Title: Secrei~r~ or design& Date: Date: ATTEST: Deputy Clerk Approved as to form and legal sufficiency: DEPContraets Administrator ~ ~3 Approved as to form and legality: County. Attorney *For Agreements with governmental boards/commissions: If someone other,titan the Chairman signs this Amendment, a resolution, g_ntement or other document authorizing that person to sign the Amendment on behal~ 0fthe Grantee must accompany the Amendment. List of attachments/exhibits included as part of this Amendment: Specify Letter/ Type Number Description (include number of pages) Attachment A- 1 Attachment C (Revised) Supplemental Scope of ServiceS (25 Pages) Special Audit Requirements (10 Pages) DEP Agreement Nm SP$05, Amendment N~ 1, Page 2 of 2 ATTACHM~IT SUPPLEMENTAL SCOPE OF SERVICES Legish6ve Line Item Appropriation 1185 provided $1,500,000 for Lake Worth Lagoon Restoration and Eubancemem Projects. A total o£thhteen (13) Grant Applications for various projects were submitted by qualified applicants and reviewed by a Seleetten Committee comprised of ropresentative~ from thc Deparlment of Environmental Protcciion, the South Florida Waier Management District, the US. Environmental Prote~n Agency, the West palm Beach Fishing Club and the Flodd~ Inland Navigation District The following table ide~dfies the projects which the gelectlon Cammilteo approved on September 1, 1999 for funding under this specie appmpriafic~ LAKE WORTH LAGOON RESTORATION AND ENHANCEMENT PROJE~TS PUNDED PURSUANT TO SIrY99-0~ LINE rrEM APPROPRIATION NO. 118.6 Pmj~t Proj~t Des~fiptlon l~sponsibl¢ Original Original Grant (ArB)/A Grant A~ard [C/(1-R)]-C P~'ds~d Total ]qumber ' Lecal Estimated Request (Percentages · Granted (Grant Award Go~rament C. bst of Projgt rounded ta the Subgrantc~ + Minh~um nearest Min~um Match) hundr~lth.) Match (A) (B) (R)' (C) (D) 9 Downtown Regio/m[ City 6f 750,000 250000 .67 2501000 5OO,O00 750,00O Stermwatc? Facility BOynton Beach ~ : 10 Hypolusu Installation of Hypoluxo Tewh 6f [,414,510 707,255 50 [ 450:000 450,000 900,000 11 J Stormw~te~ rowivofLake · 146,000 73,000 .50 734000' 0uffall/Tre~tm~nt Parle 73,000 146,000 I Retrofit ' 12 - Palm Beech Par 3 ' To,,4n bf Pfilm 440,000 200,000 .55 20C 000 ' 239,560 439,560 Golf Course Habitat' B~a~h Restcratlon: 13 Munic{l~ ~,(~ity of Rix4era 20'2,360 i01,180 .50 100 000 100,000 200,000 Stcmiwat~r Beech systcm I Pro~vam~ 14 I Ren~isssuge Project, City of We~t 2,450,000 300,000 .88 20(] 000 1,426,016 1,626,016 ~- Phase I- Tfeatrsent palm B~aeh & Divemion~ 15 ~ Jolin'a{sl~ Pfilm'Bea~h 826,000 206,500 .75 202 475 607,425 809,900 · Restoration County Board of County ~ Commissioners 16 ~.LMm WortliGolf. palm Beach 8,700,000 437,500 .95 -0- N/A NJA Cour~ RestorationS iC~gunty Board of County Commiaaioners 17 Contta~t Palm Beagh N/A N/A N/A 24 525 N/A N/A Admialstmtice County Board pro. iect~ 9-16) J~ommission~ra : ~ A T~h~'7 ~i $14,92g,870 ] $2,275,345 - $I,500 000 3,396,001 $4,871,476 Note~: · the grant applicants agreed to pay this percentage of the project. Exc ~t as provided for in para~aph 3 of this Agreement, be identified and monitored for each grentedsubgi'ontee end shall, at a minimum, meet the proposed grant applications submitted ~or project evaluation and selection. r in the Town's FY2000 budget as of October 1, 1999 If matching funds are not approved by Town ~f Palm'i~eec~ allocation.will be re-allecated to the Lake Worth Golf Course Rastomti ~n Project. proposed. CAllecatio~ the is re-allocated to the PBC ERM for this project, PBC ERM will r ceive the allocation contingent upon its his Amendment for Projects 9-16 in determining compliance with match requir~ 2000. (as described below and performed during the tema o For pm'poses of this Agreement, the term "Con~tmedon" shall mean th bnilding the project, or ally of the components of the projec ~excavation, or paving, or the substantial improvement in the size or use of ~ installation or deployment of eny completed compen planning of the project, nor shall it include monitoring og as set forth in ARactunent A-l, shall be lents, each grantee/subgrentce may use this Agreement) will be eligible for following: ; end shall include the process ny structure or the appearance ts of the project It shall not the project after completion, .DEP Agreement No. SP505, Attachment A-l, Page 1 of 25 PRO.~ECT 9 0RGINAL i~roject! - Applicant: Agent/Title: Es~rrm~¢.d Is Funding Match ~¢d¥ Av~able 20001 (appro:dmate) 1 3tthe spaceprovided, fully describe the~scope, methods and locatton of thg~rO~sed pd)tnership project. - Ph~e 1 of~e ~to~water ~provements Project inciuded cons~tion of~e~3,Xe~e poCd a~d piping east of U.S Hi.way co~ts for ~at pqmmn w~e e~t~mated at ~5 mdhon P~e 2 ~v~I1 ex~end p~pMg po~0ns of Basins,2 & 3 (se~ map) Pret~eatment of~e ~tml 2.5 ~ches over i~e imperious area wi~l be afforde ~plemented ~ exfil~atmn ~ench or d~ detention in the upland areas. ~ 9 Phase 2 of the ~to~water t~provements for the Do.town Ware~hed ~cl~ tm~ Hne p~pm[ crosmng U~S. H~ghway I ~n mvo locatmns, plUS ~dmonaI piing ~d eXfirtrafion mnc~ intended to inmrcept aha ~eat sto~ater th:it~S wing into ~e U.S. 1 ~&,or Seacrest Boulev~d drmna~e systems Bo~ _ roa~my_~amge.~tem~t4y-dmc~ge to ~e-L~eWogh Da~0on-~th6~t prekea~ent. DEP Agreement No. SP505, Attachment A-l, Page 2 of 25 ORIGINAL Project Name: Page 2 of 3 Downto~vn Watershed Plow wilt your project assist in the attainment of the principal ggal of the Lake Worth Lagoon Management Plan, i.e., the restoration/improvement of Ibc Lake V/orth Lagoon, · - The drainage system will include baffle boxes at both inlets to r ;move debris, ~edini~nt, oils ~d gre/s~s before storm~vater reaches, the pond. l'he open area of the p~ond, S~pp[¢n'/ent~d bY mechanical aeration (f°untalns)wilI ~ 2~er reduce BOD l~di ¢ ~f ~ Lak~ ~.W~orth~Lagoo 'while also increasin diSs0 /ed oX' en r_aaln~o h , ~- . _ ~ : .,~ g Yg concentration in, the discharge fi:om t,hp.pond. The drainage~we s associated ~with the ,prm~ ~vill reduce fi:eshwatef:discharges ~o f~c Lagoor4 as will ~ e,UPland ~retre~ment. ' This proposal will, therefore; s,up, lporz at I 5ig on ag ment onow : Lake (upload The Ci~ s s~ormwater uti~pa' ~ilI provide consistent cleaning a treatment system, so ,as to guarantee tong-term treatment effect 3. Plow will you measure the success/benefits of your off or'ts on Water quality monitoring of the pond discharge can be compar from the U.S. Highway 1 and Seacrest Boulevard Systems. VaI and suspended S01ids can be measured and used to estimate the loading to the Lagoon. ~d maintenance of the vcncss. Lake Worth Lagoon. i with water quality ecs for BOD, nutrients net decrease in 0RGINAL Project Nam.e: Page 3 of 3 Downtown Watershed The Sk~t6h sh°Wnbei6w indilates tlii I%aii0n 6f t~ P~6~6i~d p~ping in Basins 2 & 3, and its relation t° the pond:in Basin 1, : 'Ce~t m~a~io-n:' I-certi.fy. that to::the ~st'°f my kn°wledge, all °~(qe sta~emenrs Enviromental R~o~ces M~age~e~t :' ~': ~: 3323 Be~vedereK~,~g- 5~2 Title:" Direc~er of Utilities we,,ur-'~ p a'~ Beach., FL 33~6-1548 ~ Date: DF.P Aoreement No. SP505. Attach.meat A-l, Page 4 of 25 PROJECT 1.0 Lake WoNh Lagoon I'~rluershlp Gra,,t Program ORIGINAL Project:' Hypoluxo Znsta!lation of Sewers (HIS) A,pplicant: To~rn of Hypoluxo ..... Age_n_.ffTiHe:~ Kenneth M. Schultz~ Mayor A,ddress: :7585 S..Fed'eral Highway, tlypoluxo, FL 33462 ~hone: ' 561-582-0i55 Estimated Cost 0f Pr0ject $ -1,414,510 Amount of Grant ]Ri Is FundLug B~atch Already Available Yes - Conditioned upon Cou Project Star~ Date (approx.) Winter 1999-2000 Completion Dab In the space provided, fully describe the scope/methods and I partnership project. There are two single-family residential communities in the Town of Hypoluxo abutth~g the Lake Worth Lagoon usin~'~elfti¢ t~-nlis. Just'~ak'6fFJ.S. #I there the entire length of the Town of Hypoluxo maintained by the City of Boynton developmer/ts in the Town of Hypoluxo are connected to this sewer line. Ther being built adjacent to one of the referred to single-family developments. It is out" for connecting seventy-one (7I) homes to its sewer system. With this project, Hypoluxo Installation of Sewers (HIS), all septic tanks east ~ be eliminated. Having sewers.throughout.the Town of Hypoluxo is a goal in ~ Plan. The awardingofthis grantwill assist the town in satisfyingthis importa project willhave a tremendous impact on cleaning-up the Lake Worth Lagoon residential lot~, over sixty (60%) of them are directly on the Iatra~oastal Wste~ it. Some.homes have septic tanks within ten (10) fe~t of the water. With lt~ -iraplemen m~-on- of-PI[ S-mTc~clu~i v~ -W i th~d~ ~-r~/f ~1 u-~-~ ~- ~i' '/tfi disrupted areas will b'e raumed to pre-construction condkion. A. preliminary study estimates the cost of $1,414,510 for the project. TM. is based upon 99 lots, each with approximately 75 feet of frontage. quest $ 707,255 mil approval of Special Summer 2001 )catiou of the proposed east of U.S. #1 and s a north-soutit sewer line Beach. All ~ther housing ~' is a new development ;oing to provide a "stub ~' U'.S. #~ in Hypoluxo will ~s Town s Comprehensive ~t element of our plan. The Of the ninety-nine (99) way or a canal leading to fr;-izm-ding hll-roaa's iind-; .... estimated cost While the actual costs may vary slightly, the Town of Hypoluxo requests favorable consideration, nevertheless, of its efforts to clean up the environment knowing there will be minor adaptations of this proposal when the study is completed.. The Town,of Hypoluxo does want to model for other communities the removal of septi~ tanks bordering the Intracoastal Waterway. DRP A~re~ment No. SP505. At'iac~ament A-l, Page 5 of 25 , Project Name: Page 2 of 3 Hvpoluxo Installation of Sawers (RIS) 2. How will your project assist in the attainment of t ~e principal goal of the'Lake Worth Lago on' M a n ag e men t-Pi ,'tn; .-t. e.,. tke r~s t ova t~to~:/t mp yore men t o [~ t h e L a I c e ~. o rth L ago o n. The discharge of contaminants from septic tanks into the soil will be eliminated. Soma homes in the area have been using. including chemicals. 3. iq'ow will you measure the snccess/ben~fits of your efforts on the Lake X, Vorth Lagoon. With the removal of over 100 septic tanks the Lake Worth Lagoon will benefit enormously.~ Our success will be measured afl:er the installation of sewers is complete and there are no septic tznks in Hypoluxo affecting the Lagoon. Life will return to the Lake Worth Lagoon. It is possible the Town of Hypoluxo will be a prototyplc model for other communities encouraging thereto remove s~ptic, tanks contaminating the Lake Wor'~h Lagoon. Quality of the Intracoastal Waterway will be measured before and afl:er the HIS project. The return of life to the Lagoon will be measured. The condition ofth~ Lake ~,Vorth Lagoon as ~ftodsy is Imown. Our goat with this project is to support the return of the Lake W'6rth Eagoon to its original state as it was when there was a Barefoot Mailman. Pre3ectNnllle: H.ypoluxo Installation of Sewers (IllS) I'~n~e 3 0£3 4. AddiHona! Nam-:u [ve/Drnwings tim! ~1 dd to tire previous qnesHon: ~one a~s the who, what, whe~ where and why questions 0f~his prO~s~ ~swered. ~y ~ere is a necessity for t~s project is obvious to ~1 of us v L~e Wo~h Lag~n ~d live ne~ to it. ~en ~e project b '~mpleted, in 1 dependent upon ~e suppo~ o~is ~t proposal. The ~S project is: ~ov ~ family resid~nfi~ ~ in the To~ of~yp~luxo. ~1 financial data in ~s propos~ ~e estimate~. It is requited tha~ we be thb proposal when firm data ~e ~ewn. ~/~ v' . ........:.. they are ho ehjoy the ~art, ~'a o single- e to amend II 0 I~ E.S ,A'D D I T]'0.'N:.'! The Town of Hypoluxo ia readyto support fl~is project to improve file Lake V;orth Lagoon ' .CertffTc~.l/m~ 1r cert[£y that to tile best or m)'[Imowledge, all el' tile stntem2nts edntnined 'in ' ,'tpplicntmn nre-corveet n. nd coi~iplet& - ......... ~ flus County Grant Coordinator ~ PHnt Nam e: KENNETH H. SCHUL~Z ~nVJronnleut,,l] I'(esotn-ces Management 3323 I~elvedere Road, Bldg..502 5Vest Pnhn ][leach; FL, 33406-1548 Tille: MAY0 DEP A~reement No. SP505~' Attachment A-1, Page 7 of 25 PROJECT 11 Lake Worth Lagoon Partnership Grant P~'ol~ram · Project: S~ormwat er Ouffall/Treatment' Pcetrofit ....... · ............ _A. pa~Jj.Ca..n_t; .._ T6~ of Lake Park · Agent/rifle: ~Brb:n Sulliv.~n - Public Works ~Divector Address: 535 ~ark Avenue.,:Lake i~ ~4~3 ' EstimatedCostOi~Peoject $146~000 g~rii0ui~tofGrantP, equeSt $73,000 Yei =approved by voters in ~t997 referendum Project ~tart Date ~al~proximately) Au~ustlZl~00 Completion Date February 200I 1. In the space provided, .fully describe the SCope, methods and lofiatiari of the proposed pa~nership project. This submittal requests support for the implement their Stormwater Master Plan, untrea~,ed stormwater~runoffto the the re~ofit of ~he e~i~fing drainage system s installation of' stormwater manag runoff prior to its being specifically, this application [ flow diversion structure (smart box). This will purpose of capttlring pollutants from ,, posed a chronic problem for the Marina over the years. efforts tc t the More dual Which. has DEP A~eement No. SP505, Attachraent A-l, Page ti of 25 Project Name: Lake Worth Lagoon Partnership Page 2 of 3 2. ~ow will your project assist in the attainment of the principal goat of the Lake Worth Lagoon Managemen't ]?lan, i.e., the restoration/improvement of the Lake Worth Lagoon. The installation will be accomplish, ed as pa? o£ the other stormwater management improvements being made around the municipal marina. The Grant ?rogram was helpful in funding these related improvements last year. Inclusion of the propo.sed stormwater management devices in the existing drainage system will provide a direct reductmn in pollu~ants conveyed by stormwater t~' the lagoon from the Town of Lake Park'§ ~outhem d;rainage area, which occupies approximately !32 ~acres. Areas included in th/s d.r~ entirely built out, ~nd include residential, COmmercial and industri~l was develop,ed prior to the common use of stormwater management sy the propeCies loca,te4 ~!thin the drainage area. have water managen assist with the tregtrn.ent 9f~ stormw~ater. ~It has been noted that near seagrass beds, now ~ist,,: ~Unformnately~ ~wkhin a zone of approximate the sea'ask'bedS i~a:~e been severely impacted or 'are nomex~stent, rf attributable tO the st0rmwater discharg6s. , With the installation of facilities, significant improvement in St0m~ a/er treatment will occur. 3. How will, you measure the success/bonefits of your efforts on the With the installation ora CDS st~water treatment unit, meas accomphshed qmte s~mply by momtonng (measuring) the volume of the s/ottawa/er treatment unit. 'The sYtstim is designed with a ha: serviced on a-regular basis by Town pu01ic W~orks staff. Th~s baskel particulate and' floating pollutants. With {he inilusion of the smart box MI1 also serve to capture floating debris moving through the marina's Oil and g~-eas~, absorbing rings c~ alsc~[be deployed within the CD.c those pollutants rage basin are essentially !opertiesl S~nc~:this area 5terns, essentially none of tent systems designed to the ' e~mg, 0Uffal!~ so~me !Y 2091fe~t 6_ft~e ouffall, ~is ism0~ nl~ely d~eetl) srormwater management Lake Worth Lagoon. ~rement of success can be pollutants removed from ket/filter which ig io be /filter captures suspended it is Planned that ~he unit northern flushing culverL chamber to help capture DFP Agreement No. SP505_ Attachment A-l, Page 9 of 25 Project Name: Lake '~Vorth Lagoon Parlnershlp Page3 of 3 4. Additional Narrative?Drawings that add to the previous questions. Bei~v is a small sketch-id~enfifyi~g the~'locafion of the~,pmposed.,insta'~tation r61ative to the existing ouffall and the ToWn's marina. CDS Technology K~y Fe~6res , ~ 32 a]cre :"-7 ..... I :-'""'~ .~,e-'-' Exis[ing Marinz P~oposed 60" Flushing Culvert ,, Certification: I certify that to the best of my knowledge, all of the statements contained in this application are co rrect and complete. 6 copies to the submitted and I original (marked) sent to the County Grant Coordinator ~ Environmental Resources Management 3323 Belvedere Road, Bldg. 502 West Palm Beach, FL 33406-1548 Signature: . ,~ ~; J..~{t_~ Print Name: tB~ia~Sullivan Title: Public Works Direotor.~ Date: June 14, 1999 DEP A~reement No. SP505. Attaekment A-l, Page I0 of 25 PROJECT 12 Lake Worth Lagoon partnership Cra.ut Program P~oje~: - ~r 3 Golf Course Habitat Restoration Agent/Title: Address: Phone: James M. BoW_y~gr, P.E.. Town Bn~ine~er _p_~. 2B_o2g2_~patm Beach. Florida 33480 _,5_6l- t - ' ..... Amount of Oi~an~ P. equest: ~$200,000 Estimated Cost-ofProject:---,~440 000 Is Funding Match Already Available? rn Yes [] No [~ ee Town Council Kcsolution )ting intent to authorize .riding if grant is approved.] Project Start Date (approx.)~ _ Completion D-' l. In the space provided, fully describe the scope, methods ~ partnership project. This project is located at the Town of Palm Beach Par 3 g~ Boulevard (SR_AAA) Palm Beack The project would be cons envisioned that a rock berm be constructed g-10 feet away ftc placed and red man.oyes planted at approximately uhree feet < would be 2000 LF-'-. L ..':z_ i--.{7 .... -_H-~.-~;i'll~;-6[tr'~sroj'eit'assist in the attainment of the prin Lagoon Management Plf-n', i~7,--li-r~rr, stinmti~n4;,m~ Lagoon. This project will establish 200.0 linear feet of man_=rove hah the Worth Lagoon Management Plan, as number 26, Appen ,~:_A~l_m]st 2000 nd location of the proposed ~lf course, 2345 South Ocean racted from the uplands. It is m the wall, filter fabric and fill ,n center. Total project len~h dpal goal of the Lake Worth x~ em~nt _. o f_!h_e., b.a_k _% >~°_rt_h_ tan This project is identified in Iix D table, Habitat Restoration and Enhancement projects Summary. How will you measure the success/benefits of your efforts on the Lake Worth Lagoon. The measurement of success will be in the survivability of the mangrove plantings ant associated use by marine life. 13Rp A~reement Nh. RPgO5 Attacbn~nt A-1. Pa~e 11 of 25 Project Name: Palm Beach Par 3 Golf'Course Habitat Restoration Page 2 of 2- 4. Additional Narrative/Drawings that add to the previous questions. exhibits si ' cant bait fish and predator fish activity (Snook, Jack Crevelle). The Thts area , gnifi .., ....... . ' rovide a si ~ficant enhancement to ~ . ' - , ,ow ~e etatmn will p gm ~r~h~i~h~a] 2000 linear ~ee~.of ~, ,, g, , · existing marine resources m t~ area. 6 copies to the submitted and 1 original (marked) sent to the County Grant Coordinator ~ Environmental Resources Management 3323 Belvedere Road, Bldg. 502 Certification.: I certify that to the best of my knowledge, all of the statements contained in this application are correct and complete' Signature: ~.__~OL( ~. ~j.,4~.~ Print Name: Leslv S. Smith Title: Town Council President . Date: 6/8/99 13!~P Ac~,~n~ont lq'r, RP~[I~; Attachment A-I. Pa~,e t2 0f25 - ' PROJ]gCT 13 ORIGINAL Project: Applicant: ~gent~itlgf Address: Phone: Lake Worth Lagoon Partnersh p Grant Program Municipal Stormwater M~,a~ement SYstem ImprOvements Pro,ram ........ City of Riviera Beach Williaff/J- Hunter, CiW Ms ,a ?er 600 W. Blue Heron West Boulevard, Riviera Beach, [561) 8454010 Estimated Cost of Project $_202,360 Amount of Grant Reques Is Funding MatchAlready Available Funds will be included in Project Start Date (approx.) ~Compl~ion Date At 1. In the space provided, fully describe the scope, methoc proposed project. The City of Riviera Beach intends t~ implement a Municipal Stormy i~i3~0v~ments program. ! It will be. implemented under t~e pro_v, ls(c Environmental Prote~tion~ Agency (E~A) an~d Nanon..al.~P.ol!u~t~u~L~x~ ('NPDES), MuniciPal Separate Storm ~ewer Systems 0visas), renm~ Lake Worth Lagoon Management Plan. ~e provisions ~of the M$~:pe .nnit r ~t, uir~ .t~,.e City ~o k~ and activities Thee ~s~ an.a acuwues are rocu~=u ~nspection and 'maintenance of structural controls, ~mplementaUon o implementation of ~teriqnality criteria for flood control projects; pcs and certification pfoced~k Additional areas ~clude illicit discharge and enf°rc~ment'r°adx~i,x~ municipal solid ,~aste, high-risk facititi, Municipal soti~ waste is ~overed-by other federal,.state-and local prog to the permk. The inspection and mmnt~nance of .s~'ucu~al~ co~%se ~itl. tioll~¢( investi ations and enforcement program elemen~ reqmr= g ' ' '~ ~it-' to col illicit disctmrgesand improper disposal. It also reqmres and on poffio~s of the Mg4s and maintain a log of the results of the additiov, al :requirement .is io implemenz an investigation program soume(s) of illicit conne~t/~ns or discharges to the MS4 within it its ju~ l] AU6 - 9 1999 :NVIRONMENTAL RESOURCE Florida33404 : $__lOl,lgO eFY 1999/00 Budeet ~ust 2001 and location of the :r Management System as of the United States arge Elimination Ss~em x~ber FLS000018 and the stormwater management ~or areas, which include: development regulations, 5¢ides/herbicides training inspections, investigation and constructipn .s_it_es: ............ ams and is not applicable ........ discharge ~nspections, ~duct field inspections for :ct information on outfalls ~spections performed. An to identify and stop any isdiedon. Project: Municipal Stormwamr Management System Improvements ?re,ram Page 2 of 3 identifies several The Municipal . The MS4 t of .~ Lake 2.~ the Lake Island Worth three ~ajor a~eas: wa~er and natural resources, The mom the war. er Singer 10. 12 and 60 into the 'Lkke of tho determine if ~equire repairs to In add[60n to separaze llation of a . designed to of watcrbodies is associated v of the Lagoon? watersheds to closely Lake Worth Department of States The City is The monitoring and major permit above. Pre been made. I~I~P ~or~m~t lqn gPqflq Attachment A-t, Paae 14 0[25 Proj eot: Muni¢il~al Stormwater Management System Imcrovements Pro,ram Page 3 of 3 Additional Narrative/Drawings that addto the~previous Certification: I certhS' that to the best of my knowiedge;-att 'oFth~ contained in this application are correct and complete. 1 marked original sent to the County Grant Coordinator ~ Printed Name: Willia~n J. Hunter Environmental Resources Management 3323 Belevedere Road, Bldg. 502 Title: City M~nager West Palm Beach, FL 33406 Date: Au~*ust 9, 1999 PROJECT 14 ORIGINAL Applicant: Agent/Title: Address: Phone: Estimated Coat Is Funding Project $ 1, In the~ Lake Worth Lagoon Partnership Renaissance Prgject Phase 1-Tr~ama~em and Diversion City of West Palm Beanh Ken Rearden, Public Utilities Direetm' Amu~unt of Grant R~quest $300 000 Cdmpleti0n D&te: September, 2000 proposed partnership consultants and the Arm Florid Co~ East Coast. Once the environment. city staff, local nngineering , (EPA), (DEP) and the South infilt development along the · Reduce damaging f~'6ii{watet:' slugs" and pollutant load mpa~ t~!¢}.!~e ~a~ Worth Lagoon by diverting sto~ water throug~ ~n~ proces~ to a storage c~lt, ,~ . , * Convert ~e~cap~fl ~0ffinto mw Wmer supply, ' ' :' ~: ' '~ ' * Provide in6}~;;~ ~ood ~otecti0n to lbw4yinz ~e~'wifhifi ~e in~ City~f West Palm Beach. and . FulfiI1 water ~t~'~Tquantity and d~ pretrea{me~t requ~remenig for ~e ipcoming CityPlace devel°pment and the Palm B~ C~ty Convenuon Center. and a 35 a construction ~ to redirect-~torm water.that-wou-ld the first 1/2 inch pipeline, CON/SPANs Lo convey water east to west. Thc CON/SPANs will be a store the volum~ needed }'Or dry pretreatment. Future phases :ollect and treat all ~unoff from the watershed and store it within and $1.67 million ta Second, the area. · $100,000 of the requested $300,000. resubmitted. First, the astimated conxtruction cost hasjumped from of meeting requirements of FDOT as well as other design changes. Clea~' Lake, which had raised some concerns, has been relocated to an upland F:\wpb_Xwpb_rdps'~LW Grant RcnaPh I .doe Project Name: The Renaissance Proiect Phas~ I'-Treatment and Diversion o Pa~e 2 of 2. How will your Project assist in the attainment of the principal gaal of the aka Worth Lagoon Management plan i.e., the restoration/improvement of the Lake Worth Lagoon? The Project will ameliorate freshwater "!lugs" and pollutant loads to the Lake Worth L~ storm water runoff' away from the C-51 drainage basin; this will help restore the I~agoo based asmarine ecosystem. By curtailing storm Water dii¢harges into the Lagoon, the sedimentation, nutrieut loading, toxic substances and pathogens. Additionally, the Pn d scharge rate to help limit freshwgtar "slugs" tg)he~Lagoon, then:by minimizing.und sirabla salinity fluctuations, Finally, the Project also sar~es as a rn~del to'other municipalities for i~tagrated wa~¢r n~anagement, / 3. How will you rae~asure the success/benefits of your efforts on the Lake Worth-Lagoon? 1 The City will be able to q ~uantity of water z flow and toad reductions and comparing t~ Water quannty will be recorded and water ~ I be take Management System during patio pump station, the settling basin spillway and th one-year period, and then ~e-evaluated to optimize sampling,protocol. Par-erectors to beobtained on a daily and wee?? h;asis will bej sample~i hy the certified parameters (with the exception of BOD an~t 0'ils a~d Greas~). Pararheters to be obmi annua basis (asivell asB~D and Oils and Grease~;) will bds~rnpled,~n~ analyzed by~ Florida DEt~ an~t?or HRS. Semi-annual rep0i'~ sh&ll be prePa~rc~i, ihdladl~_o test. result: number, SF~rMD permit number, sample location and flow CondiuOns.: The following parameters~wilI be sampled on a d~.ily basis. Parameters Analvzed Units pH (Range> 6.0 & <8.5) Sta~ndasd D sso red Oxygea rr/~../l Turbidity nit/ Total Dissolved'Solids CI'DS) mgfft Fecal Coliforms mff100ml Total Colif0rms mff100mi Samples will be analyzed parameters listed below. Parameters Anah'zed ^mmenia as N Nitrite and Nitrate as Total Kjeldahl Nitrogen Total Phosphorus. as P Aluminum Arsenic. total The following parameters will be sampled on a weekly Cadmium ................................................... Chro/rLium basis. Parameters An alxy. ed Units Copper Conductivity, Field umhoslcm Iron Water Temperature degrees C Lead ?alkalinity raga Selenium Biochemical Oxygen Demand BOD mgffl Zinc Chlorides mg/I Hardness mg/I Oil and Grease mg/l Total Suspended Solids [TSS) m~. Samples will be analyzed on aseml-annual basis (dry and wet screemng, minimum I Organoehtoride Pesticides (8081A), Chloridated Herbicides (815 lA), Purgeable Halt Organic Compounds (602). goon by diverting untreated ~to a healthy, macrophyte 'oject will reduce :ct will reduce the peak location(s) of the Water n :will be followed for a City laboratory ['or all listed ~ed on a monthly and semi- Laboratory certified by · the DEP/HRS certified lab ~n a monthly basis for thc Units m~ m~ u~ u~ u~ inch rainfall) for :arbons (601) and Volatile F:\wpb~wpb_r dpskLWG~n t R ca apb I .doc Project Name: The Renaissance Proiect Phase I - Treatment and Diversion Page 3 of 3 .4. Additipnal'Narrat!ve/Dray,~jngs that:arid ~o the Pr?'ious q~e'$fi°ns' In addition to reducang the City's dtscharges into the .Lake Worth LagoOn. lh~Projeot will also: · T-~-,-~,~e the City's water suonlv by Uti zin~ the ca6ttirefi storm water and recycling captured-seepage water · an'g~lo~ns:.,~ : of Water. per year, and · ~chobee Certification: ! certify that to the ~e~t of my knowledge, all of the statements contained in this application are correct and complete. 6 copies to be submitted, including I marked original sent to the County Grant Coordinator @ Environmental Resources Management 3323 Belevedere Road. Bldg. 502 West Palm Beach, FL 33406 Print ~qame: Ken Rearden Tkle:'~ ~iliu'es Director_ F:\wpb_\wpb_rdps',LWGrantRcnaPhl .doc DEP Am'cement No. SP505. Attachment A-l, Page 18 of 25 PROJECT 15 ^pplicanu :~gcnt/Tide: Address: John' s Island Restoration Palm Beach County D~pt. o~ ~nvironm~t 1 R o r ~ ~anag~menr Richard E. Walesky, Director . 3323 Belvedere Roa~, Bld$. 502, West Palm (56t) 233-2400 Estimate~ Cost ~f Project ~ 82fi ,.GQ0 Al~]tcl,int or ('brant Req,tcs Funding Match Al,~r;~d~' :Xva~l~b[~ Fu~dinff Ant~e~ r~ n~ lh~nject Start Date (:q)proxim:~rc) ~ov~be~ '2000 Comptetio~ D~' p:n'tncr~hil~ proj ecl. John's Island is an approximately 7 acre spoil island located in the Town of Palm I of West Palm Beach, Florda John s Island is just north of the Canal 51 (C-51 Lagoon and is east of the Atlantic Intracoasial Waterway (Icw). Figure:l sho, restoration of John's tsland. Features include: restoration of approximat, ely 1.7 ac creation of approximately 3.3 acres of red mangroves, and enhancement of ~ maritime t-rarnrnock. As the name implies, John's Island is only accessible by materials will be transported by tug aud barge; All exotic plant specie~, as apl: 5 acres w I be removed and chipped on Site. There will be Construction of a t total length of ap:proximately 0.:~ mile that will include excavation, lgra~ing removal of approxirnat~ly 17,000 yds.~ of spoi rnateriall Appi-oximatei~ ~(} tons c rip-rap will be used to stabilize the the entrance to thetidal channels[ Planting w 13 800 red mangrove seed ings (Rhizophor~ mangle) approximat~l~ ,1 l~j(00. F (Spartina altemiflora), and approximately 500 maritime hammock tr~es and accornplished with; the red rnan~r0ves being placed 3, feet on' center, tile rnaril!i~ 7 feet on center, and the smooth cordgrass placed 2 feet on center around the tidal channels. ~emch, FL 33406 $ =~ ~qqq ~ Feb~ar~ 2001 o~theprOll~ed leach southeast of the City i discharge at Lake Worth ~W-the conceptual plan for res of existing mangroves, pproximately 1.4 acres of boat. All equiprnen[ and 'opdate, on approximately dal channel system with a :o wetland elevation,, anb[ (1.-3 f~ot diameter boutder I consist of: approximately I,ugs of smooth cordgrass s~hrubs. Par:trig wifl be 18'hammock plants placed vetland perimeter and the rlRP A~reement N'n .qP~itq Ai~achment A-l_ Pa~e 19 of 25 P,-oj==t ~:,,,,e: John' s Island Restoration Originally, a substantial poFtion of the ~e~ that;3ohn's Island'now ocCUpy Were.submerged shallow-water habitat has be~me -h~pesia Elimination habitats ical DEP Anreement No. SP505. Atmctunent A-1, Page 20 of 25 'John's Island Restoration Page 3 of 3 - 4, Addit.ionat Narrative/Drawings that add to th'e previous questions. t i original (marked) sent to tile County Grant Coordinator ~ Environmental Resources .M[anagement 3323 Belvedere Road, Bldg. 502 West ]Palm Beach: FL 33406-1548 Certification: I certify that to tile best of ]'n.',' knowledge, nil of th e statements contained in this applieati~n are correct and complete. ~ ~ ~ ~ n~ . ~ ~ 6 copies to the submitted and Sign:tture: Richard E. Wale~v Print Name: Y Title: Director PROJECT 16 ApF£icant: Lnke Wocth L:~goon Partnership Lake Worth Golf Course Restoration Palm ~each County Depar;t~en~ of Environmental Resources.Ma~.ag~ment. Age,t/Title: _ 'd E. Wal~ tess: Esthnated Cost Funding b.latch Alrend v A }~'oject Stnr£ D~e ntRequest~ 437,500 Cv. mpletio~t Da%e Feb.' 2002. I~ In tile spnce prov led. fully ;srt nership proj ec!. The L~ke Worth Golf Course westel of shorel water as natura!ly occurs mxn~m~ zing the are~ 60% c F the shoreline is fringed with all with ti- exotics Australian pine plan fDr the LWGC. Features include: mang~ ~ve fringe, Creation of appro~ oyster reef, 40.3 acres of sea . _p.!ag_t of app, rommately 118,4(~0 red cordg~lass ( placed 3 feet on center, at perimeter. 1.2 linear miles of shoreline along the in the City of Lake Worth. in addition to filling ICW dredging, additidnal dredging along the radual slope fr~om the shore to deeper ~p drop from 0 to -7 feet N.G.V.D.~ and shallow sub-tidal resources. Approximately roves (red, black, and white) mixed Figu[e 1 shows the conceptual restoration of approximately' 1.7 acres of'existing ,acres af red mangrove wetland, 1.3 acres of and 0.8 acres of idal chann.e!..._Al!_exotic inter- and. , and placement p-rap. Planting of: approximately and approximately 16,000.plugs of smooth thee red. mangroves being 2 feet on cehter around the wetland D~P Aareement l~n gP~;fl5 Attachment A-1. PaRe 22 of 25 Nan,e: Lake Worth Golf Course Restoration Pnge '~ Restoration of the LWGC will help reverse the histodc trend ofwetlan( Worth Lagoon. The proposed project modification will restore degrade( to a more natural ecosystem with. diversity. The planting habitat and partially offset Lagoon over the years. Creatior more :natural ?oral pr, to colonize. quality through filtering: shelter to fish an.d wildlife, 11 3o Munyc)n Island and. [h~se Worth Lagoon. both of which are Elimination of the exotic species wilt reduce the probability of colonizal adjacent areas by eliminating seed sources. ,~; Successful establishmen habitats through survival o~ the native an8 i~etland plant species w productive biological system, and reduce the~itity of exotic species to cc oysters recr¥itin_~_to..tb..e 9r.0Jep.t _a.r.e.8..w_i!l.re.s_u[(~h.an ~crease n the amc resources in'the Lake Worth l_agoon. The~success of.the p~ojecLw biological monitoring program. The monit~ririg program wou d ncude determine plant survivorship momtonng of~ Fesource recruttment (seagra sampling with a seine net in the tidal channel,~s~$tem, and performing wilc site utilization by wildlife species. habitat loss in the Lake ecosystem components ', stability, and biological ) to reestablish wildlife reefs will restore 8 are likely as provide forage and on located in the Lake on by exotic species in o f native ano wetland Il contribute to a more Ionize. Seagrasses and ~nt of inter- and sub-tidal Il b~_ ~v~hmt~d ~clnO ~. ..... vegetative sampling to ;s and oyster reefs), fish life surveys to document Lake Worth Golf Course Restoration rrojeet marne: Page 3 of 3 4. Additional ..... ' Certification: I certify that to the best o['my knowledge, nil of the statements contained in"this 6 copies to the submitted and I original (marked) sent to the County Grant Coordinator t~l Environmental Resources Management 3323 l~elvedere ~oad, Bldg. 502 West ~Palm Beach, FL 33406-1548 Print Name: Richard E. Wa!esky Title: Director YI~P Amr~na~f M'n gP~eg at*aehm~nt A-1. Pa~e 24 of 25 PROJECT 17 .Administrative Functions: Administrative functions provided by the County staff for Lake Worth Enhancement Projects (DEP Agreement No. SP505) include the following: 1. Preparation and administration of subgrants associatedwith individu 2. Site inspections to track complianeewith the terms of subgrantee co~ 3. Review of subgramee invoices, progress reports and site inspection individual contracts and Scope of Services. . Preparation of reports:submitted to theDepartmem on project status Preparation:of'project modifications ~o the Scope of Services as c6ordination:of~o~raet m0dificafi0ns With the Departmem and Sub~ · - KEMAINDEi~OF:PA~GE INTENTIONALLY LEFT B DEP Agreement No. SPS05, Attachment A-l, Page 25 of 25 ,agoon Restoration and [ projects. tracts. reports, consistent with and funding. aay be. appropriate and tllten. ATTACHMENT C (REVISED) ~ The administration of funds awarded by the Department of Environs, ental Protection to the recipient (which may ~e i~fferred'to' as~the-' COritractOr: ~ Grantee,, or othe~name m the con'tract/~greement): may he subject to audits a,n,d/br monitoring by the Department of Environrn~ntal:Pr6iee~tioni:~a~Se~l~fl intki~:sedti~n:'~;5' ,' ~ - In a mdits 33, as revised on-site visits and/or with AUDITS PART I::FEDERALLY FUNDED This part is applicable if the recipient is a State or local govemment or a non-profit organization as defined in OMB Circular A-133, as revised. 1~ In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXI-IIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The, determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. The recipient is responsible for the procurement of an independent auditor to conduct the audit required by this part. The recipient is required to follow the auditor procurement standards specified in Section 305, OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this parc 2. In connection with the audit requirements addressed in paragraph 1., the recipient shall fulfill the requiremenis relative to auditee responsibilities, financial statements, audit findings follow- up, and report submission asprovided in Sections .300, .310, .315, and .320 of OMB Circular A-193, as revised. This includes, but is not limited to, preparation of financial statements, a schedule of expenditures of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. DEP Agreement No SP505, Attachment C (Revised), Page 1 of 10 If not otherwise disclosed as required by Section .310 (b)(2) of OM~B Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify exoenditures bv contract number for each contract with the Department of Environmental Prqt~ction in effect during the audit period. If the recipient expends less than $300,0.00 in Federal awards in i~s fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133; as revised, is not required. In the event that the recipient expends less than $300~000 ~n Federal awards in its fisca! yea! and elects Jo have an audit conducted in. accordance Vfith the provisions of OMB CimuIar A-133, as rewsed, the cost of the audit must be paid froTM nob-Federal and non-State funds (i.e., the cost of such an audit must be paid from recipient fu~ ds.obtained from other than Federal/State entities). PART H: STATE GRANTS AND AIDS 1. This pan is applicable if the recipient is a local government or a organization as defined in Chapter 10.600, Rules of the Auditor Gener In the event that the recipient receives more than $25,000 in State gn year, the recipient must have a limited scope audit conducted in 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor this Attachment indicates State grants and aids amounts awarded thy Environmental Protection by this agreement. In determining the grant: fiscal year, the recipient shall consider aggregate grants and aids rece agencies, including grants and aids funds received from the Depart Protection. The audit report must include an auditor's examination attestatic assertion report (alternatively, management's assertion may be inciu representation letter), and a schedule of State financial assistance. E2 this Attachment provide examples of these reports/schedule. The auditor's examinfi, tion attestation report must indicate whether m; to compliance with the following requirements is fairly stated, in all-m~ · activities allowed or unallowed · allowable costs/cost principles matching (if applicable) o reporting In the event that the recipient receives State grants and aids totaliJ fiscal year, the head of the recipient entity or organization must prov under penalty of perjury, that the recipient has complied with the allow other applicable provisions) of the State grants and aids contract Attachment provides an example attestation document that should be ~ to attest to compliance with grants and aids provisions. DEP Agreement No. SP505, Attachment C (Revised), Page 2 of 10 ~on-profit or for profit xl. nts and aids in its fiscal :cordance with Section ;eneral. EXI-IIBIT 1 to edgh the Department of and aids received in its red directly from State ment of Environmental n reporq management led in the management ~IIBITS 2, 3, and 4 to lagement's assertion as terial respects: $25,000 or less in its a written attestation, able cost provisions (or EXI-I/BIT 5 to this ~sed by the agency head PART HI:~ OTHER AUDIT REQUIREMENTS ~is part is reserved to specify any additional audit requirements imposed, if applicable, by the State agency that are solely a matter of that State agency's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements).) 1. Copies-ofaudi~ reports:'f0r audits:conducted in accordance with OMB ~ircular, A-133, as re,figed;' and ~req~red ~oy 'PAP, T; I of this Attachment shall,be submitted, :whe~ required bY Seeti0~: g20' (d~,:OMB CircUlar A,l'33, as revised, or when required~by numbei~2 below, by or on Bei~atf b~ reCipieat directly'to each ofthe fOllowMg; A. The Department of Environmental Protection at each of the following addresses: John Moulton Florida Department of Environmental Protection Southeast District Office Post Office Box 15425 West Palm Beach, Florida 33416-5425 Audit: Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number 'of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. D. The State of Florida Auditor General at the following address: Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302-1735 DEP Agreement No. SP505. Attachment C [Revised), Page 3 of 10 2. Pursuant to Section .320 (f), OMB Circular.A-!33, as revised, the recipient shall submk a copy of the reporting package described in Section..320 (c),~OMB Circular A-133, as revised, and any management letters issued by the auditor, to each of the following: John Moulton Florida Depa~ hnent of Environmental Protection Southeast District Office Post Office Box 15425 West Palm Beach, Florida 33416-5425 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302-1735 3. Copies of reports required by PART II of this Attachment, and management letters prepared in conducting audits related to State grants and aids audits, required by PART II of this Attachment, shall be submitted by oi~ on behalf of the recipient ~ to each of the following: A. The Department of Environmental Protection at each of the followi~ig addresses: John Moulton Florida Department of Environmental Protection Southeast District Office Post Office Box 15425 West Palm Beach, Florida 33416-5425 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Office of the Auditor General at the following address: Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302-1735 DEP Agreement No. SP505, Attachment C (Revised), Page 4 of I0 4. Copies of reports or management letters required by PART 1II of this Attachment shall be submitted by or'on behalf of the recipient directly to: A. The Department of Environmental Protection at each &the following addresses: lohn Moulton · Florida Dep .art~, ent of Environmental Protection S0t~theast District Office Post Office Box 1542'5,'~ West Palm Beach, Florida 33416-5425 Any reports, management letters, attestations, or other information required to be submitted to the Department of Environmental ProtectiOn pursuant tO' this-agreement shall be submitted within 180 days of the recipient's fiscal jear end (or as otherwise allowed by Florida Statutes) or within 30 days of the recipient's regeipt of the audit report, whichever occurs first. Other submissions shOuld:he .timely.. in aceo~rdan~e with OMB CircUlar A2133 and/or Florida Statutes, as applicable; 6 Recipients when sub~tting audit reports to the Department of Environmental Protection for audits done in aCCordance with OMB Circular A-133, should indicate the date that the '~' recipient received the'~t reportJn~cbrraspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, upon request for a period:of3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. DEP Agreement No. SP$05, Attachment C (Revised), Page 5 of 10 EXEIIBIT - 2 [Date]' We ~n our~ op3mon, ~m~f~agement, ~ ~' ~ ~ } ~c~rnplied~'~ ! i ] is f~ly statedg~ In Sincerel~ · ,i . i~~ Notes: 1, ON about [name compliance-with the ~establishe,d in the grant ~chedut~ of State includ/~d in th~ · enti(y]'s standards established by the ~erican a ~st basis, performing ~ch other that our ex_armnauon t does not provide, a legal asse~ion ~Mentify management's assertion -for example, that t: lhe afore~ent~o~ed requiremqn ts ;duPing the fiscal year ended I1 material ~espectS.a 4 ? its 'assertion in a separate report accompanying the practitioner's report, refer to examined by reference to the report title used he or she should use the same description of the compliance and related criteria (if applicable), will be specified and/or referred to it should not be necessary to repeat the compliance requirements,~aud related the manner prescribed in SAS Codification Sections AT DEP Agreement No. SP505, Attachment C (R~vised), Page 7 of 10 EXFFFRIT - 3 MANAGEMENT ASSERTION REPORT I, .. , hereby assert that, (head of recipient entity) (recip complied with allowable cost requirements [or other applicable re~cuirer aids appropriations identified'on the attached Schedule of State Financi~ fiscal year ended (month, day, year) (signature) (title) (date) If this assertion report is used, one copy shall be submitted after the reci~ each of the parties designated in the contracts/grants for the idei appropriations. This statement does not need to be notarized. ent entity name) rents] of the grams and 1 Assistance during the ient's fiscal year end to ified grants and aids DEP Agreement No. SP505, Attaclunent C (Revised), Page g of 10 Sample Organization Schedule of State Financial g~ssistance State Federal Federal State Agency Contract/ CFDA Through · . d.: : :~: G~ant ..... ' N~/iber Sta~e ...... State. ;-. ,~ Total rogram~itie ';~:~ber N6tea Receipts ;: ~ii~L~ ~ Receipts repayment ' · of Healtl~ .}Head S~r~ ~ } ~501 93.6Q0 . :, .50,000 (1) 50,000 (1). ~,~ 100~000 ~Chldren - of ~ld:er ~ Affai~ ~u~ : ' ~501 Not 200,000 (1): 0 200,000 C~e fo~ the ~plicable ~ ~m~unity GC601 93.003 0 150,000 (1) 150,0~ 'Care for the ~r~e 6C777 93.666 60,000 60,000 120,000 o,ooo 4m, (2)s2o,ooo State Grants and Aids Appropriations moneys. The grand total of State Grants and Aids Appropriations moneys is $550,000. $390,000 of this amount is included in the expenditures presented in the Schedule of Expenditures of Federal Awards. The remaining $20,000 was received under contract number GC601 but was not expended. NOTE A: CAUTION: Federal CFDA numbers apply only to Federal programs. The purpose of this schedule is format illustration only. The contract or ~ grant numbers, CFDA numbers and program rifles are not intended to represent actual data. DEP Agreement No.' SP505, Attachment C (Revised), Page 9 of 10 EXHrI~IT - ~ MANAGEMENT ATTESTATION STATEMENT CONTRACT/GRANT NUMBER(S) (head of recipient entity) (recipient enfityname) · hereby~ attest, under penalties of perjury, that, / complied with allowable cost requirements [or other applicable requirements] of the grants and aids appropriations contraets/grants~dentified above during the fiscal year ended (month, day, year) (signature) (title) (date) One copy of this attestation statement shall be submitted after the recipient's fiscal year end to each of the parties designated in the contracts/grants for the identified grants and aids appropriations. This statement does not need to be notarized, DEP Agreement No. SP505, Attachment C (Revised), Page 10 of I0 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IV-CONSENT AGENDA ITEM C,2 Requested City Comm~smon Meeting-Dates [] November 16. 1999 [] December 7, 1999 Date Final Form Must be Turned ~n to CRY CleriCs Off'tee November3. 1999 (5:00 p.m.) November 17,1999 (5:00 p.m.) Re~!uested City Commission Meeting Dates [] Jama~y 18.2000 [] February 1, 2000 Date inal Form M ,ust be Turned i~to CRy Clerk s Office [] December21. 1999 .December 8, 1999(5:00 panj [] ~ Fehrumy 15, 2000 Febn ry2,2OOO(5:OOp.m.) [] January 4. 2000 NATURE OF AGENDA ITEM December 22, 1999 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids ] Announcemen~ [] March 7, 2000 Febn ar3, 16, 2000 (5 00 p m ) [] Developme tt Plans [] New Business [] Legal [] Unfinished Business [] Presentafioa RECOMMENDATION: Recommend Commission approval of resolution releasing the restoration surety in the amount of $~ 1,000.00 for the Via Lugano Project. EXPLANATION: _ All site requirements have been completed and a request for surety release has been received from the Developer of the above referenced project. PROGRAM IMPACT: N/A FISCAL IM~PACT: N/A ALTERNATIVES: N/A ~ ENGINEERING Department Name City Menag~'s Signature V - City Attorney / Finance Human Resources J:\S HRDATA~Engineering~Eng. CK~4genda Item Request - Via Lugmao Rest. Surety Release.dot RESOLUTION NO. R00- ~ RESOLUT~Q~ ~9~ T~E CfITy CO~!,S~IQN O~ AUTHoRIZinG A , RELEASE: OF CAS~ ~ESTO~TI~ SUeZTY "'PA~ OF $~,00'6~00 ~6~ZZ P~6g~C~ ~0~ ~S DATE. WHEREAS, the developer of this parcel, previously posted cash restoration sureuy in the amoun5 of $11,000.00 for the-project known as Via Lugano; and WHEREAS, a final inspection has been conducted on this )rojecu ahd the system appears to be functioning properly; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, Boynton Beach, staff, surety FLORIDA, THAT: The City Commission of the City of Florida, based upon the recommendation of hereby approves the release of the cash in the amounu of $11,000.00 to PAC Land Corporation, for the project known as Via Lugano ~ That this Resolution shall effective immediately upon passage. restoration Development become PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) day Of January, 2000. CITY OF BOYNTON BELCH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner P A C P.A.C. LAND DEVELOPMENT CORPORATION A EEAL ESTATE DEVELOPMENT COMPANY 730 ;BONNIE BRAE STREET WI~TER PARK, FLORIDA 32789 TELEPHONE (407) 628-3065 FAX (407) 645-0112 November 22, 1999 Mr. Ken Hall Boynton Beach Florida 33425 Re: Via Lugano Apartments Dear Ken: At this time we would like to request the release of the Engineering Bond posted with the City of Boynton Beach at the time we were issued Building Permits for Via Lugano Apartments. The bond was in the form of cash, in the amount of $11,000.00. Please schedule my request for the next available City Commission meeting. Sincerely, P.A.C. Land Development Corp. Thomas L. Cavanaugh Vice President TLC/db DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. ENG 98-025 TO: FROM: DATE: RE: Diane Rcese Finance Director Bulcnt L Kastarlak Director of Development ~2~' February 18. 1998 VIA LUGANO - ADMINISTRATION FEE & RESTORATION SURETY Attached please find two checks from PAC Land Development Corporation issued by First Union National Bank of Florida for the above referenced project. Check #5962 in the amoum of $1 I. 115.00 represents thc administration fee for said project and needs to be placed in account # 00 t-000-4-413-20. The second check #5961 for $11.000.00 is a cash bond for restoration work involved with the Via Lugano Project. It is to be returned upon satisfactory performance'and final site inspection. B [K/ck Attachment: 2 checks Requested City Commission Meeting Dates [] November 16, 1999 [] December7, 1999 [] December21, 1999 [] January 4, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR Date Final Form Must be Turned into City Clerk's Office NovemberS. 1999 (5:00 p.m.) November 17, I999 (5:00 p.m.) December 8, 1999 (5:00 p.m.) December 22, 1999 (5:00 p.m.) Requested City Commission Meeting Dates [] Janum'y 18,2000 [] February 1. 2000 [] February 15, 2000 [] March 7, 2000 [] Adminislrative [] Consent Agenda [] Public Heating [] Bids ] Announcement IV-CONSENT AGENDA ITEM C.3 D ~t3~e Final Form Must be Turned into City Clerk'~ Office .lanu~y 5, 2000 (5:00 p.m.) January 19, 2000 (5:00 pan.) Febl aaty 2,2000(5:00 p.m.) FeE 'uary 16, 2000 I5:00 p.m.) [] Develop ent Plans [] New Busi ess [] Legal [] Unfmished Business [] Presentation RECOMMENDATION: Motion to approve work authorization #10 with Camp, Dresser & McKee, Inc. in the amount of $244,070.00 for the design, permitting, and bidding services for Industrial Avenue Corridor Stormwatar Improvements. EXPLANATION: As requested by the City Commission during the November 15, 1999 Stormwater Workshop, the attached work authorization #I0 is offered to complete the required engineering services for the above listed project. PROGRAM IMPACT: - . Completion of this project will improve stormwater management in this flood prone areaJ FISCAL IMPACT: Total cost of this agreement is not to exceed $244,070.00. Funds for the design, permining, and bidding services are available in the 1996 Revenue B6nd Issue Account g407-5000-590.96-07. Funds f~r the eventual construction of all of the improvements have not been fully identified. ALTERNATIVES: Continue to pump this area with portable equiptment after storm incidents. Not taking this action could continue to result in public and private property damage. S :~BULLETINkFORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Dale S City Attgmey / Finance / Human Resources Utilities Deparmaent Name John Guidry Dale Sugerman City Clerk's Office w/Originals City Attorney Mark Law File S ABULLETFNWORMS~AGENDA ITEM REQUEST FORM.DOC ENGINEERING SERVICES WORK AUTHORIZATION WORK AUTHORIZATION NO. DATE: CDM PROJECT NO. 6276 - I. PROJECTS DESCRIPTION The Professional Engineering Services for the project include Con'idor Stonnwater improvements. The purpose of the Industrial Avenue Corridor Stormwater ] (Exhibit "A") is to develop construction documents a storm sewer system, stormwater pump station ( E-4 Avenue ~ plans for road in the of Boynton II. CONTRACT REFERENCE This ~Work.Authorization shall be performed under the terms and conditions described within the Master Agreement for Stormwater Utility Projects dated the~ 16th day of December 1991 by and between the City of Boynton Beach and Cum Dresser & McKce I/lc. SCOPE OF SERVICES The Professional Engineenng Services are for implementation of cot ~'uction documents and associated construction plans for the project. The construction do :uments and associated construction plans will be provided to the City, as follows: The project as described in detail in Exhibit "A" consists of a storm sewer system and associated road reconstruction, pump station (if necessary) and two pr ponds that will collect the stormwater in the Industrial Avenue area, t~ the Lake Worth Drainage District (LWDD) E-4 Canal. The total leng approximately 2.2 miles, including the local roads of Lake Boynton E: areg, ~ scoped in Exhibit "A", is essentially bounded by the Boynton Boynton Beach BI-vd. to the north, the Interstate 95 to the east, Lake B the west and Woolbright Road to the south. The Engineer will design storm sewer system, road reconstruction, stormwater pump station (if retention ponds facilities to provide flood relief and retrofit treatment. discharges to the LWDD E-4 Canal. )posed retention mt and convey to h of the project is tares. This project [udustrial Park and ~ynton Estates to and penuit the ~ecessary), and two The system bs4944.doc 1 Attached herewith are the Scope of Services and Exhibits "A" and "B" which detail the work effort for this Work Authorization. IV. PROJECT STATUS REVIEW The Engineer shall provide the CITY with a monthly progress letter throughout the p_r~kect. Addition~ally the CITY will be provided two (2) sets of construction drawings ~d SPecifie~ati0nS tO review at the 30, 60} and 90 percent completion ~ifis~6n?. Five copie~ of the preliminary design report shall be provided for review tO the CITY. V. PROJECT S~HEDULE ~ ~)EL~~S ~- The Engnneer shall,commence services xmmedmtely upon auth0nzauon 9~ the CITY Utility Direc'tor; ahli comp~te ~ sei~ice~s ~t&l b,~ th'e C1TY' The professorial engmeenng services will :~ completed ~i~ ~ fo!I0wmg ,schedule: · ,Prehrmnary Design Report ? ' 2:months · Design & Permitting Serviges : ~ months · Bidding Services 2 months This schedule is dependent on timely receipt of survey information which the,City is responsible four obtaining. Tt}e design and permitting services schedule should be consid.e.r ~ed ~ to the submissi°n 0f the conSt/,action plans and permit p,~ka~ tO>the resPective permitting agencies described her~in. ' vi. CONSUl,TING ENGINEER INSURANCE REq)UIREMENTS · Workem' Compensation Insurance in accordance with Florida Stamres~ · Comprehensive Automotive Liability with a minimum, coverage of $1,000,000 annUal aggregate for bodily injury or accidental death. Comprehensive General Liability with a mj_nlmum 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. bs4944.doc 2 VII. COMPENSATION FOR SERVICES The total mount to be paid to ,th,,e ~,ngineer by the City of Boynton B~ach Under this Work Authorization for Exhibit A , services shall not exceed the upper limit amount of $244,070. The Engineer will invoicethe City on a monthly basis as r~quired for payment based °n,~°stl, incurred i° d~t~' _ Exhibits B-1 through 'B4 breakdown theBudget Estimate forTasks 1 throUgh 6 for the project. This proposal fees do not include the permit application Iees. VIII. TERMINATION This. Work Authorization may be terminated by the City, upon thirty notice to'the other party. If terminated, the Engmeer shall complete a services rendered through the date of termination. IN WITNESS WHEREOF, the parties have hereunto set their hands the day ~ written. CAMP DRESSER & McKee INC. CITY OF BOYNTON ] City Manager Donald G. Munksgaard, P E, DEE Senior Vice. President 30) days written ad shall be paid for nd year first above EACH, FLORIDA bs4944.doc 3 CITY OF BOYNTON BEACH INDUSTRIAL AVENUE CORRIDOR STORMWATER IMPROVEMENTS SCOPE OE SERVICES December 1999 CAMP DRESSER & McKEE INC. INTRODUCTION For the purpose of this scope of services the term CITY refers to the City of Boynton Beach, Florida and the ~e~ CDM refers to Camp Dresser & McKee ~uc. The design services, which are being provided by CDM, include the preparation of a preliminary engineering report, contract documents, construction plans, specifications and construction cost estimate. Th~permitting services, which will be provided by' CDM, inciuae~the engir~ering required to o, bmin the necessary permits to construct this project. It is anticipated ~at permits will be required from the following agencies with jurisdiction over the projec~ South Florida WaterManagement:District (S~), Florida Department of TransportatiOn (FDO~ and Lake Worth Drainage District (LWDD). PROJECT DESCRIFrlON This project consists of a storm sewer system, associated road reconstruction, pump station (if necessary), and twe retention ponds that will collect the stormwater in the Industrial Avenue area, treat and convey to the Lake Worth Drainage District (LWDD) E4 Canal along a ditch located on the north side of Woolbright Road (FDOT right-of-way). This will require an analysis of the FDOT drainage system to the E4 Canal. The total length of the project ~s approximately 2.2 miles, including the local roads of Lake Boynton Estates. The Engineer will design and obtain permits for the storm sewer system, road reconstruction, stormwater pump station (ifn~ecessary) and two retention ponds facilities which ultimately discharge to the LWDD E4 Canal through the Woolbright Road ditch. These improvements are intended to provide flood relief and retrofit treatment to the East Industrial Park as well as to provide desired levels of service along the eastern roads of Boynton Lake Estates. The existing typical section along the project area consists of two 10-foot lane rural undivided roadway (20 feet wide with roadside swaies~ within 50 feet of available right-of- way. These streets have relatively~low traffic volume and primarily provide access to the local residences and businesses. The following local roads will be incorporated as part of the design: I. East Industrial Park: The proposed improvements in this alleyway include a new storm sewer, stormwater pump station (if necessary) and a complete road reconstruction. The existing road typical section will be utilized. BS4945.doc A- 1 o Proposed Alleyway: This new alleyway will connect the East with the % alleyways. The proposed improvements include road and stormwater cot will develop two (2)pr0P0sedtypic~'sections and will be included as pm Design RePort. The typi~ see~on recommended will depend on the rigt and will be developed to accommodate existing local traffic. NW 6~h Street:. The proposed improyementsin this local road include, a n. a complete road reconstruction. The ex/stlng r0ad typiCal:section will be West~Ocean Avenue: The,proposed impro~ments in this ~ocal, road sewer'and a: Complete road reconstmct/en. ;The'existing road tYPical sec The proposed nnprovements in th~s local roa6 ~nclude a ~ and,~a, co:r~'[flefe road:zeconstmc~on. Th~ *xisti~g road]typical section Wil SV~I .Court: ,'T, he ~proposed ~mprovements m this local road lnclude ane a complete road reconstm~n.-~The gXisting road typical s~-'tion will.be SWlS3 Avenue: The pr0posed-improvements in this local road include a~ and,a complete road reconstruction.~ The existing road typical section will W~t Ocean Dr~v¢:. The proposed:improvements in this local road includ~ aUd,a~eo ~mPle~e~oad rec6r~trUction. The existing road ~YPical section wi[ est Industrial Park ~tmction. CDM t of the Preliminary l~of-way' available ;w storm sewer and ailized. de anew storm )n will. be,utilized. Jew storm sewer be utilized; storm sewer and ~filized. .ew storm sewer be utilized. a new storm sewer be utilized. SW, 2n?.~xzenue! The proposed.improvements in this local road include ~r inor modifications to the ex/isting stomawater system; no road mC°nstmction will be necessary. 10. W 3 Avenue: ~e proposed ~mprovements in tins local road ~nclude minor modifications to the ex/sting stormwater system; no,road :reconstruction will be necessary. 11. SW 4th Avenue: The proposed improvements in this local road include m/nor modifications to the ex/sting stormwater system; no road reco~stmction will be necessary. Two stormwater ponds are propose6as part of this project. The flint stormwater pond will require a modification of an ex/Sting permit; this peymitted pond does not have a positive ouffall to the L. ~WI~_D E4 Canal. This pond ~s located on the Store~AlI Storage property ~n the Boynton Industrial Park. ~The CYrY is currently working onian agreement with the property owners in order to:utilize and modifY this pond:to, a~commodate the E~t Industrial Park road runoff. The second, stormwater pond is located on the recenil~y.qaC uired proprtye by the C1TY~ y~gl 'n north of The Vmmgs at Boynton Beach PUD vacant land Tract "C"). This pond will ~lso mcmve the overflow of the first stormwater pond mentioned above, plus the roadway runoff of the Lake Boynton Estates local roads as described above. BS4945.doe A-2 TASK 1 - PRI~I,IMINARY DESIGN REPORT Subtask 1.1 Engineering Design Analys~s., CDM will preparea4~r, eliminary Desigh Report; ouflining~t!xe'design elements, standards and crite~rig- ~a~)w~ll:be. USed in:t!3o development ~0f the. d~gn :ant[ const~,ion-plans- f0r the, project. Thi~ rePort ~vill provide suffioien~ detail and:in~6m/~t/°a:!o sh0~/that ~e~pr0t~os~d,, ,:::~:::,7 improvements are permittab!e,and feasiblele'f~ --for~constmction according to the~re,cognize~t~ standards fO~ th~,prajec~;~_ ~'he~stcmdards. fo: .'r~ the project §halt;be the~ C ~IT~y: and th~cu~g~t:~OT design standari~Tor ~oadmay, ang~st0mw~termanagemefit:' ~ - : -' The?report ~Will be submitted in conjunction~ with the 30 percent.complete 3plans:whic-h Will-show th e proposed srorm~ sewer- ali geanent, i 0catio~ offal 1 kp~eme~t, stormw ater facilities ¢ structures, curbs, pedes~ facilities and related imprqvements for approval by the CITY. The preliminary des~,gn Will?shO~,v.exmtmg utaht~es~ as~prow~¢dby fl~ CI~¥~.m ~ nght~q~ WaY' an~ pg~ ~,~al utilmes:eonflmts. Tl~is:mport~wil}!also mc~!~!?pr~liminary mns~tmcUtm ~os~e~tlmate:fO~ all the proposed improvments. CDM will subini~ to ~e CITY fi,~e draft eo~ies and five tidal copies ~f the report; ~ ~ : ~ Subtask~t~2 stormwater Model Evaluation. This tasl~ ~ffi?In~Cl~de a modificatiofi of the existing!CDM 199~ City of .Bioyntcm Beach Sto~ter:~ste~ pl~,, Stormwater:Management Model (SWMM): Th~modeI ~flt:i/~elude con~iaeratloa~ 6f the lo.wing items: ~.. Subbasin.Are~.~. · DeSign StOrms (25 year & 100 ye~-72 hour stomas),;SD'WMD mles · Critie~ Durafidn S~orm (between 1-hour and 10-days), lVDOT roles · Land ~se char,acteristics · Imper~,ions Areas BS4945.do¢ A-3 Flow, Slope and Length (i.e. distance and slope of mnoff areas) Existing Stormwater and Surface Water Flow Patterns Physical Conveyance Features The existing ~992.CDM model~will bemused as the basis for design. The model will be revise~d for appropriate.application for design. CDM will then use SWMM to eValua{e stormwater conveyance :and detention structures. This model.will be utilized as the supporting documentation for the permit application packages to be submitted to the dif~e~ rent agencies as descril~ed in Task 3 bet°w. CDM Will est}mate ~he 2.5-ifich 16-h0ur, 5-year 2 10-year 72- hour. r 72-horn Subtask 1~3 Dat~Needs Memorandum. CDM will'iden~ry data needs for the CITY to provide, or as authorization: TASK 2 - CONSTRUCTION DOCUMENTS CDM will work with CITY staff to accommodate the proposed storm sewer ~out to the extend practicable,-wit139ut impacting the existing water and sanitary sewer utilities i~ the project area as recommehded in Ta~k 1 above Any service§ renuired to desion hermit cr~nstmct ~ in~ect potential u~lities adjustments wil{ be additional services to this w~l~autho~i}~fion. / CDM will proceed with.this task and prepare the design documents for the 60 percent design plans, upo~ :auth0rization from the CIT~ Utility Director, after the Preliminar~ Design Report (30 percent d~sign plans) prepared in Task 1 alcove have been reviewed and a~prove~t by t~e CITY. CDM will prepare plans and specifications for the construction of the improv, consu'uction plans will consists of plan sheets listed in Table 1 below and inc! to the performance of specific work and preparation of details and documents · Erosion Control as per FDOT and SFWMD standards · Typical Sections · Roadway Reconstruction · Restoration of existing signing and marking per FDOT traffic opera~ · Restoration of existing sidewalks · Testing materials including specifications for testing · Driveway restorations · St0rmwater structures and culverts · Stdrmwater force main- (if necessary) · Mechanical design (Pump Station, if necessary) :ments. These ude but not limited as follows: ons standards BS4945.do¢ A~4 Structural design (Pump Station, if necessary) Instrumentation and telemetry design (if necessary) Electrical design (if necessary) FDOT standard indexes and standards specifications s~hall I~e used as recommended?by CDM or as may ~be m~dified with the C~TY appr~val~`` Special Fg~visi~r~s~will be~as:appr~ve` d~ by4he CITY. The follOwing table describesCan apPr0×~mate sI/eet count for'the construction plans: ' ' TABLE1 CDM will proceed with this task and prepare th~ design documents for t~ ~0 pement design plan~: ~fi :~iii~0rizati0n'from the CITY Utili~irectqr, after the 60 p~/~ent d6sign plar£ have beeii i~ :~6d and aofroffed__ by_ the CITY. The :100 percent des~gn'plan .s~'CVilt be sUbrmtted to the ClT~ b~50i'~' ti5 ~onstm6tion and after l~ermitS: an~roval and utihti6s come,es' cbmments~ uave been ~dressed~. CDM wffi subrmt five sets of-~"x36" saze and five of t2"xl8"(half s~zes)~. TASK 3 - -PERMIT ASSISTANCE CDM will provide permit assistance required to obtain the necessary permits to construct this project. It is anticipated that permits will be required from the following agencies with jurisdiction over the project: South Florida Water Management District (SFWMD), Florida Department of Transportation (FDOT) and Lake Worth. Drainage District (LWDD). No permit from!Palm!p/erich C6unty (PBC) is anticipated at this time. Any Services reqUired to comply with PBC permit criteria will be additional services to this work authorization. CDM will work with SFWMD, FDOT and LWDD to facilitate the pern~,'~.tti,ng of this project, CDM will prepare and submit permit package aCp~ati0ns that are required, as discussed below, to obtain approval from.the agencies and to resp~,pd to Up to three R_ .ec~.ueS~ For Additional Information (RAI) from the a~encies (one R_AI l~r,agency) to clarify in~'ormatien in the permit A-5 application package. CDM will attend to up two (2) meetings with SFWMD~ one (1) meeting with FDOT and one (1)meeting with LWDD. A t~tal Of four meetings are estimated for budget purposes. CDM will prepare a SFWMD i~dividual:Environmental Resource Permit (ERP) application for the p~op0sed~c0nstmction improvements. It is understoofl that no wetland im~act~ are anticipated as part of this project. Any services require~ to conduct an envirr nmental and/or wetland assessments (if requested by SFWMD) will be considered as additio] tal services. One RAI will be included as part of the scope of work. The following elements ~ e typically required m the ERP application: · Basin'delineation · Peak~fl~:qyantities mid analysis (25 .year & 100 year-72 hour storms) · Requkec[ detention v01ume~,:and treatment amounts · Wetlands and habitat impacts (Not anticipated) · Co~tmction sequence or phases (if applicable) · Proposed construction layout · Construction techniques · Stormw. ater control techniques CDM will prepare a FDOT Drainage Connection Permit application for the oposed construction improvements. One RAI will be included as part of the scope ol work. The following computation is required in the FDOT permit application, in additio~ t m the SFWMD permit requirements: · CriticalDuration Storms (1,2 4 8&24-hrand2,3 & 10-days) forthe~ollowingremm periods: 2, 5, 10, 25, 50 & 100-year. CDM will prepare a LWDD Drainage Connection Permit application for the l~roposed construction improvements. One RAI will be included as part of the scope of work. The following computations are required in the LWDD permit application, in add/tion to the SFWMD permit requirements: · 25-year and 100-year 3-days Design Storms TASK 4 - PROBABI,E CONTRUCTION COST ESTIMATE CDM will estimate the probable cost of construction for the project at the 30 nd 60 percent completion milestones and a final construction cost estimate at the completiori of the project. TASK 5 - BED SERVICES CDM will provide services associated with the bidding of the project upon ac, construction plans and contract documents prepared in Task 2 above. ',eptance of the BS4945.do¢ A-6 CDM will attend a pre-bid conference and interpret and clarify plans and specifications as needed at the pre-bid meeting and during the bidding process. CDM will tabulate the bid proposals, make an analysis of the bids and make recommendations to the CITY for awarding the bid ~8 th~ i53 ~whe..s..~,~dd~;i~ th~ o~..~i~d~rgs mt ~q~u;ali~ie~, or~fOr,s6me: othe~ ~n such ~rfJ~..~v0,UM(i~bil~e/ii the:.b, est~,~te~st of the c~.~: TASK 6~ dPU~LICAW~ARENI~SS CDM will ~atten~ up tOtsv0 public information meetings ro be held deteme~i by:theC~and-make: S ~elCvan[ t6;the d~ign an public regarding'~ project as g~[v~n, by:~f~zefis,.~r ~r~tgd~groul~s BS4945.doc A-7 EXHIBIT "B-l" PROPOSED SCOPE OF SERVICES BUDGET CITY OF BOYNTON BEACH INDUSTRIAL AVENUE CORRIDOR CONSTRUCTION DOCUMENTS December 21, 1999 SERVICES DESCRIPTION CDM SALARY COST - Tasks 1 through 6 (Exhibit B-2 ) OTHER DIRECT COSTS [Exhibit "B-3") OUTSIDE PROFESSIONAL - (Exhibit "B-4") TOTAL These proposal fees do not include the permits application fees COST $216,570 $18,135 $9,365 $244,070 EXHIBIT 'B-2" PROPOSED SCOPE OF SERVICES BUDGET CITY OF BOYNTON BEACH INDUSTRIAL AVENUE CORRIDOR CONSTRUCTION DOCOMENTS Camp Dresser & McKee, Inc. s~ior I P~cip. U I S~i0~ ~;~f~;,io~ ~f~o~'l 01 Prelimina~ Design Repo~ 0 ~ 8C ~ ~6 ~ i06' 90 70 ~ 49a $35.200.0( 02 gons~ofion~umon~ 0 7~ 12( 280 0 720 40fl 60 165~ $114,050.0C 03 Pomit ~sis~nm 12 60 8( I0~ 0 80 40 48 42C $35,160.0{ ~ Final ~s~ofion ~ Es~a~ 4 40 3{ lC 0 0 ~ 4 88 $9,630.0( 05 Bid 8~s 8 24 40' 7~ 0 0 .06 P~bli~ Awa~enoss ~ 1~ 32 2{ 0 0 ~ 0 7C $7,300.0r , 0 3 6 2 8 2 5 000 Sol ' :~1 ' ',~ Ol 20 1 ~ I $ ~ 7. I EXHIBIT "B-3" OTHER DIRECT COSTS PROPOSED SCOPE OF SERVICES BUDGET CITY OF BOYNTON BEACH iNDUSTRIAL AVENUE CORRIDOR December 21, 1999 Camp Dresser & McKee, Inc. DESCRIPTION TOTAL ~6Pi~ $7o.00 ?resentation boards $200.00 TelephOne $200.00 Postage $160.00 Express Service , $360.00 Automobile Mileage $910.00 Automobile Rental $900.00 Meals $360.00 Hotel Room $595.00 Plans Reproduction (Half Size) $480.00 ~f~'~'~on-(~ii Siz~ $, .oo Computer Time $2,860.00 CADD $8,580.00 Air Fare $900.00 Data & Media $60.00 EXHIBIT "B~4" PROPOSED SCOPE OF SERVICES BUDGET CITY OF BOYNTON BEACH INDUSTRIAL AVENUE CORRIDOR CONSTRUCTION DOCUMENTS December 21, 1999 '~' ~' ~' ~' SIJBCONTRACTED COMPANY TASK SERVICES Nodarse & Associates, Inc. Geotechnical Investigation $9,365 Exhibit "B-4" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR Requested City Commission Meetin$ Dates [] November 16, 1999 [] December7, 1999 December21, 1999 Jmluary 4, 2000 Date Final Form Must be Tamed into City Clerk's Office November3, 1999 (5:00 p.m.) November 17, 1999 (5:00 p.m.) December 8,1999 [5:00p.m.) Dec~mber 22, 1999 (5:00 p.m.) Requested City Commission Meeting Dates [] January 18,2000 [] February 1. 2000 [] Febraary 15, 2000 [] March 7, 2000 [] Administrative NATURE OF [] Consent Agenda AGENDA ITEM [] Public Hearing [-' Bids D~ ~ Final Form Must be ruined in to City Clerk's Office Jant ttyS, 2000 (5:00 p.m.) Jan ary t9,2000 (5:00 p.m.) Fei ~ary 2, 2000(5:00 p.m3 Fe uary 16,2000 [5:00p.m.) Developn ent Plans New Busi less Legal Unfinished Business [] Announcearent [] Presentatiln / RECOMMENDATION: Motion to approve work authorization # I0 with Camp, Dresser & McKee, Inc. in the am6unt of $244,070.00 for the design, permitting, and bidding services for Industrial Avenue Corridor Stormwater Imp[ovements. / EXPLANATION: As requested by the City commission during the November 15, 1999 Stormwater Workshop, the attached work authorization #10 is offered to complete the required engineering services for the above listed pro ect. PROGRAM IMPACT: Completion of this project will improve stormwater management in this flood prone area. FISCAL IMPACT: total cost of this agreement is not to exceed $244,070.00. Funds for the design, permitting and bidding services are available in the 1996 Revenue Bond Issue Account #407-5000-590.96-07. Funds for the eventual construction of all of the improvements have not been fully identified. ALTERNATIVES: Continue to pump this area with portable equiptment after storm incidents. Not taking this action could continue to result in public and private property damage. S :kB ULLETIN~ORaMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST-FORM Dal~ Jok · · City A¢oraeY,/~F~ce / Hum~n//Rpspur~ces .: Utilities Department Name lohn Guidry Dale Sugerman City Clerk's Office w/Oflginals City Attorney Mark Law File S :~BLrLLET1N~ORMS'~AGENDA ITEM REQUEST FORM.DOC ENGINEERING SERVICES WORK AUTHORIZATION WORK AUTHORIZATION NO. DATE: CDM PROJECT NO. 6276 - I. PROJECTS DESCRIPTION The Professional Engineering Services for the project include the Indi Corridor Stormwater Improvements The p, ~?,,ose of the Industrial Avenue Corridor Stormwater Improvem (Exhibit 'A") is to develop construction documents and, associated Co] a storm sewer system, stormwater pump station (if necessary), associa recQnstmcfion ~and tw0prgposed, reteg~on ponds that.will go!lect the Indu~ ~t~'.a[ Avenue ~ea~ treat, ~m3~dicoavey to the Lake Worth Drainage E-4 Canal along ~.~teh on the i~otlh Side of Woolbright Road. These intended to provide flood relief and retrofit treatment to the East lndm a~ tO provide desired stormwater levels of service along the eastern Lake Estates. CONTRACT REFERENCE This Work Authorization shall be performed under the terms and conc within the Master Agreement for Stormwater Utility Projects dated th~ December 1991 by and between the City of Boynton Beach and Caml~ Inc. ,trial Avenue rots Project ~stmction plans for Ied road tormwater in the District ~LWDD) tmprovements are trial Park as well [ds of Boynton itions described 16th day of Dresser & McKee SCOPE OF SERVICES The Professional Engineering Services are for implementation of construction documents and associated constmctionplans for the project. The construction documents and associated construction plans will be provided to the City, as follows: The project as described in detail in Exhibit "A" consists of a storm sewer system and associated road reconstruction, pump station (if necessary) and two prOposed retention ponds that will collect the stormwater in the Industrial Avenue area, treat and convey to the Lake Worth Drainage District (LWDD) E4 Canal. The total length of the project is approximately 2.2 miles, including the local roads of Lake Boynton ~tates. This project area, as ~coped in Extfibit "A?, is essentially bounded by the.Boynton ~mdustrial Park and Boynton Beach Blv~ to the north, the Interstate 95 to the east, I~ake B~ynton Estates to the west and Woolbright Road to the south. The Engineer will design ~md perrrfit the storm sewer system, road reconstruction stormwater pump station (if 9ecessary), and two retention ponds facilities to provide flood retief and retrofit treatment. The system discharges to the LWDD E-4 Canal. bs4944.doc Attached herewith are the Scope of Services and Exhibits "A" and "B" which detail the .. work effort for this Woi:k Authorization. IV. PROJECT STATUS REVIEW The Engineer shall provide the CITY with a monthly progress letter throughout the project. Additionally the CITY will be provided two (2) sets of construction drawings and' specific~tiong to review at the 30, ~60~ and 90 percent completion milestone. Five copies of the preliminary design report shall be provided for review to thei~C1T¥. V. PROJ~CT~:.~HEDULE ~ DEIS, IVt~RAB~S, ' ~ ~ The Eagiil~er :shall: cpmmence services i~amediat ~ely upon. authorization~of the 'CITY rdtiliey~ectOr;:~/and~omplete':all~seivCeS.:r~Utsi;eaby:the CITY:. Th~ p~0fe~gionai engir/eeringsem, iceswill.becomplet&d.,~i~:i~ef011owingsChednie:: : . · Pmlimin~'I~eSign Report 2 months · Design &Permitting Services 4months · Bidding Services 2 months This schedule is dependent on timely receipt of survey information which the City is responsible for obtaining. The design and permitting services schedule should be consid~d up tO'the submission of the construction plans and permit packager to the respe~fi~:pe/mitting agencies described herein. ' VI. CONSULTING ENGINEER INSLrRANCE REQUIREMENTS Workers' Compensation Insurance in accordance with Florida Statutes. COmprehensive Automotive Liability with a minimum coverage of $1,000,000 armual~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$1,0O0,000 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. bs4944.doe 2 VII. COMPENSATION FOR SERVICES The total amount robe paid to :,th,? ~,ngineer by the City of Boynton Beach under this Work Authorization for Exhibit A , services shall not exceed the uplSer limit mount of $244,070. The Engineer witI ~0ice the City on a monthly basis as r~quired for payment based on costs incurred to date. Exhibits "B-I" through '~B-4V breakdown the Budget Estimate for Ta~ks 1 through 6 for the project. This proposal fees do not include the permit application VIII. TERMINATION This.Work Authorization may be terminated by the City, upon :hixty notice to the other party. If terminated; the Engineer shall complete services rendered through the date of termination. IN WITNESS WHEREOF, the parties have hereunto set their hands the day written. CAMP DRESSER & McKee INC. CITY OF BOYNTON B 30) days written td shall be paid for nd year first above EACH, FLORIDA G. unksgaard, P.E., DEE Senior Vice President City Manager bs4944.doe 3 EXIHRIT "A" CITY OF BOYNTON BEACH INDUSTRIAL AVENUE CORRIDOR STORMWATEI~'IMPROVEMENTS ~ SCOPEOF SER~VICES -; . December 1999 CAMP DRESSER& McKrEE INC. INTRODUCTION For the purpose of this scope of services, the term CITY refers tothe C.~.ty'ofBoynton Beach. Florida. and the term CDM refers to Camp Dresser & McKee Inc. The design services, which are being provided by CDM, include the preparation of a preliminary engineering report, contract documents, construction plans, specifications ~a~ :~ construction cost estimate; The perrrfitting:services; which will!be provided by CDM, include ~-engineering required to obt~n the necessary permits to construct this project. It is anticipated'that permits will l~e required from the following agencies with jurisdiction over the project: South Florida V~ ater ~Ma~agemel!t District ( SFWMD ),' ~orida Department of ~ransp0rtati0n i(FDOT) and Lake Worth Drainage District (LWDD). PROIECT DESCRIlYrlON This project consists of a storm sewer system, associated road reconstruction, pump station (if necessary), and two retention ponds that will collect the stormwater in the Industrial Avenue area, treat and convey to the Lake Worth Drainage District (LWDD) E-4 Canal along a ditch located on the north side of Woolbright Road (FDOT right-of-way). This will reqmre an analysis of the FDOT drainage system to the E4 Canal. The total length of the project is approximatel.~ 2.2 miles, including the local roads of Lake Boynton Estates. The Engineer will design'~and obtain permits for the storm sewer system, road reconstruction, stormwater pump station (if necessary) and two retention ponds facilities which ultimately discharge to the LWDD E4 Canal through the Woolbright Road ditch. These improvements are intended to provide flood relief and retrofit treatment to the East Industrial Park as well as to. provide desired levels of service along the eastern roads of Boynton Lake Estates~ The existing typical section along the project area consists of two 10-foot lane rural undivided roadway (20 feet wide with roadside swales) within 50 feet of available right-of- way. These streets have relatively low traffic volume and primarily provide access to the local residences and businesses. The following local roads will be incorporated as part of the design: East Industrial Park: The proposed improvements in this alleyway include a new storm sewer, stormwater pump station (if necessary) and a complete road reconstruction. The existing road typical section will be utilized. BS4945.doc A- 1 will devel0p tWO (2) .proposed.typical sections and will be inctuded as pm Design Report. The typical section recommended wit1 depend on the ~g~ and will be developed to accommodate existing local traffic. Proposed Alleyway: This new alleyway will connect the East with the West Industrial Park alleyways. The proposed improvements include road and stormwater construction. CDM : of the Preliminary t-of-way available 3. NW 6th Street: The proposed improvements in th/s local road include an a complete road reconstruction. The existing mad typical section wil} be 4. ~W, est~,Ocean A~enue: ~The~pr:oposed:impr0vements in this local road:inck sewex and a::ec~,mgleteiroad reconstruction. ,The existing~oad typical secti 5. N~I~ ATenue. ::The proposed ~mproYemea~s in th~s:tocal road includea~ and~a:eomplete road., rec0nstmetion, The existing road typical section:,~: 6. SW l!t Court:,The propose(~ imprc~¥ementS in this:lo,ca! road~includea:n a gomplete r°ad reconstrue~n:, The existing read,typical section SW l Avenue: Thepmpo,sed.~mpr0vemen, ts in this; local mad mc!ude and a complete rOad recons~ction. The eiisting road tytfical~section :wit 8. West Ocean Drive:. The proposed improvements in this local road includ{ and a. comP~ete!road reconstruction. The existing road typical, section~wi!i 9. ' i , ':X'] ' ! ' , ~ [:! ' ' :i I0. SW 3~a Avenue: :The Pr0Posed improvements in this local road inclade n m the existi,g st0rmwatex system; no road reconstruction will be necessm 11. SW 4, Avenue: ~The proposed ~mprovements m th~s local road include m to the exis :t~g stormwarer Sy. stem; no road reconstruction will be necessax Two stormwarer ponds are proposed as part 0f this project. The first stormw, require a modification of an existing permit; this permitted pond does not hay to the LWDD E4 Canal. This pond is loca!~d on the Stem-All Storage prope Industrial park. The CITY is .c~z~ ently working on an ;agreement wi~ ~e i~ro order to :utilize and~m0dify this pond to accommodme the East Industnal Park ~w storm sewer and ~tilized. de a new storm - )n wilt~beutilized. w storm sex,/er )e utiliZed., ~ ~ storm sewer and ttilized; ew StOITn sewer be utilized. a new. storm sewer be utilized. inor modifications ¥. inor modifications ~,. nor modifications y. ret pond will · , a positive ouffall rty in the Boypton ,eny owners in :oad runoff. The second stormwater pond is located on the recently acquired,property by the c~rY, lying north of The Vinings at ~oynton Beach PUD (vacant !and TraCt "C' ). This pond will ~lso receive the overflow of the first stormwater pond mentioned above, plus the roadway mn0ff of the Lake Boynton Estates local roads as described above. BS4945.doe A-2 TASK 1 - PRELIMINARY DESIGN REPORT Subtask 1.1 Engineering Design Analysis. C~M-will~pr~pare a:Pr~t:~nninar~Design R~ c~6~a~ ~at~wilI~bemsed~in" the dex/et0[~er This report Will Pr0Viae sufficien~i~t~il an improvemen[s are pe~yq~ble and feasible stand_ards ~fdt,the pra3ect~, ~Re standards,:fc~ design stancrard~r mdw~Y ~c[ storm~ port,outlinlng{he'design blements~, stand.ds and t~0~the degig~ and eOn~ti'on:~lan~s'fo~theprbject. t2informatmn to shOW;'that the,~mp0sed [or construction according to the recogniz~ed :~e'pr6ject;sll~l~b~' theC~ and ~e!¢ment la]DOT ermanagemen£ !~ ,:~: .,: ~, the whieh.~ill show f~eilities7 structures, the. and five final s ubta~l~l v2[St0l'mwate~Mod~ Evaluatiom Th~s ~as~ wffi ~elude a modifiCl~fion of tile ex~stmg GDM 1992 C~ty of Boynton BeaCh Std~wfi~t~M~r Plan, Stormwater Managemeat MOdel (SWMJvl). The model will,include constderat~ of :the- following ~tems. · · ,". Sdbb~in Areas~ · D~Sigr3 Storms (25 year & 100 year-72 hour stonns)~ SFWMD roles · C~tmal Duratmn Storm (between 1-hour and 10-days), FDOT roles Land ~e Characteristics BS4945.doe A-3 Flow, Slope and Length (i.e. distance and sloPeof rtmoff areas) Existing Stormwater and Surface Water Flow:Patterns Physical Conveyance Features The exigting 1992 CDM model will be used as the basis for design. for appropriate application for design. CDM will then use SWMM to, conveyance and detention structures. This model Will be utilized as the s documentation for the permit application packages m be submitted described in Task 3 below. CDM will estimate be revised ~ stormwater ditch . This wilt,~in¢}ude Subtask 1.3 Data Needs Memorandum. CDM WilI'i:dentify dataneeds for the CITY to provide, or as additional s, /iuthorization. TASK 2 - CONSTRUCTION DOCUMENTS CDM will work with C1TY staff to accommodate the proposed storm sewer practicable,:withou~ impacting the existing water and sanitary sewer utilities i project area as recommended in Task 1 above. Any services required to design, permit, cgnstruct or inspect potential utilities adjustments will be additional services to this work authorization. CDM will proceed with this task and prepare the design documents for the 60 percent design plans, upon authorization from the CITY Utility Director, after the Preliminary Design Rel~ort (30 percent design plans) prepared in Task 1 above have been reviewed and approved by the CITY. CDM will prepare plans and specifications for the construction of the improv construction plans will consists of plan sheets listed in Table I below and incl to the performance of specific work and preparation of details and documents · Erosion Control as per FDOTand SFWMD standards · Typical Sections · Roadway Reconstruction · Restoration of existing signing and marking per FDOT traffic oporto · Restoration of existing sidewalks · Testing materials including specifications for testing · Driveway restorations · Stormwater structures and culverts · Stormwater rome main (if necessary) · Mechanical design (Pump:Station, if necessary) ments. These ado but not limited as follows: ions standards BS4945.do¢ A-4 · Structural design(Pump Station, if necessary) · Instrumentation and telemetry design (if necessary) · Electrical design (if necessary) FDOT standard indexes and standards specifications'shall be used as recommended by CDM or as may be modified'with the CITY approval: Special Pr6visi0ns will be as approved by the ~ CITY. The folloydng table describes an approximate sheet count-for the construction plans: · TABLE the' "ProjeCt CDM will proceed ~ith this task and prepare the design documents for th~ 90 pement design plan~:uP~a~.¢~thod!~tion from the CITy Utility Direc~tor, after the 60 potent'design plan have b~i~:i:~iev~ed,and approved by the CITY. The 100~ercent:design pl~¢il~be S~br~itted to the C~:~riB~'t~.~nstmction and after'permits apProval and utilities comp~*s comments~have been. adctmssem CDM will submit five sets of 24"x36" size and five of 12'x~8"(half sizes). TASK 3 -' PERMIT ASSISTANCE CDM will provide permit assistance required to obtain the necessary permits to construct this project. It is anticipated that permits will be required from the following agencies with jurisdiction over the project: South Florida Water Management District (SFWMD), Florida Dep~ent of Transportation (FDOT) and Lake Worth Drainage District (LWDD), No permit from'i~almBeach COUnty (PBC) is anticipated:at this time, Any services ~equired to comply v~ith PBC permit criteria will be additional services to this work authorization, CDM will work with SFWMD, FDOT and LWDD to facilitate the permitting of this project. CDM will prepare and submit permit package applications that are requir&t, as discussed below, to obtain approval from the agencies and to respond to up to three Request For Additional Information (RAI) from the agencies (one RAI per agency) to clarifY information in the permit ~S4~4S.do~ one (I) meeting timated for budget application package. CDM will attend to up two (2) meetings with SFWMD with FDOT and one (1) meeting with LWDD. A total of four meetings are e: purposes. CDM will prepare,a SFWMD individual Environmental ResOurce Permit (Et the:proposed construction improvements., It is understood that no wetland irt anticipated as part of this project. Any semdces: required to conduct an envir¢ wetland assessments (if requested by SFWMD) will be considered as additiol RAI willbe ineludedas part of the scope of work. The following elements in the ERP application: P) application for pacts are ~ - nmenml and/or tal services. One ~i-tYPi~ally required · Basin delineation · . Peak ~ow, cl~a~:fities and anokysis (2~.year.& 100 year-72 hour storms) · ReqUired.de~Lenfion volumes and tre~nt amoituts · Wetlands: an~ habitat impacts (Not anticipated) · Cortstru~on Sequence or phases (if applicable) · ~op°Sed:constmction layout · Construction techniques · Stormwater control techniques CDM will prepare aPDOT Drainage Connection Permit application for the construction improvements. One RAI will be included as part of the scope following computation is required in the FDOT permit application, in additio: permit requirements: Critical Duration Storms (1, 2, 4, 8 & 24-hr and 2, 3 & 10-days) for the periods: 2, 5, 10, 25, 50 & 100-year. 'oposed work. The ~ to the SFWMD [ollowing return CDM will prepare a LWDD Drainage Connection Permit application for the t ,roposed construction improvements. One RAI will be included as part of the scope of work. The following computations are required in the LWDD permit application, in add~ tion to the SFWMD permit requirements: · 25-year and 100-year 3-days Design Storms TASK 4 - PROBABLE CONTRUCTION COST ESTIMATE CDM will estimate the probable cost of construction for the project at the 313 ad 50 percent completion milestones and a final construction cost estimate at the completio~t of the project. TASK 5 - BID SERVICES CDM will provide services associated with the bidding of the project upon ar construction plans and contract documents prepared in Task 2 above. BS4945.doc A-6 )tance of the CDM will attend a pre-bid conference and interpret and clarify plans and specifications as needed at the pre-bid meeting and during the bidding process. CDM will tabulate the bid proposals, make an anal~,sis of the bids and make recommendations to thc CITY for awarding th~ contract~for ~o~S~ruetion. ' CD/V[ will ?r:O~ide~fl0et~ment ationm ~h6 CITY!fOr riot ,awarding the bid to the~ toxve~t, bidder~ff the apParer~[t0~ ~c[de~ isnot qualified, or for ~ome o~he~reas& such, aw, ard.w0nld~otb~ia, thebestintere~t6~the:Ct-17y~ ~ : : ..: :~, CDM wilI attend up to' t~o public information m~etings t0 he!heli! at a time determined !~Y', the .CITY and m'ak~ Pr~sentati ~o~,s:.r~,li~v~t improvemefits on the~q ~omm, ~:~a:t~gpe'gy ~wffe}~} ~;CDI~ Win, answef~que~¢dm';&~ public regarding the P zojec~ as. gD en-by~itizenS, i, B$4945.doc A.-7 EXHIBIT "B-l" PROPOSED SCOPE OF SERVICES BUDGET CITY OF BOYNTON BEACH INDUSTRIAL AVENUE CORRIDOR CONSTRUCTION DOCUMENTS December 21, 1999 S 'RVICZS O SCim,IoN CDMS~ARYCOST ~ T~sk~] ~ttiro~igh 6 (Exhibit "B~2") OTHER DIRECT COSTS (Exhibit "B-3") OUTSIDE PROFESSIONAL - (Exhibit "B-4") These proposal fees do not include the permits application fees COST $216,570 $18,135 $9,365 $244,070 EXHIBIT PROPOSED SCOPI~ OF SERVICES BUDGET CITY OF BOYNTON BEACH INDUSTRIAL AVENUE CORRIDOR CONSTRUCTION DOCUMENTS 1999 CampDresser &McKee, Inc. :s~.io, ,~.~ip.v ~.~o~ P,~..,o.~ P,of~,o~ ~.,o~ ~' I ~"~"vl ~ I ~o~ ~1~ Preli~a~s;~Repo~ ~ - ~0 80 50 10~ ~0 7C 494 $35,200,0~ 02 ~ns~efion~umen~ 70 120 280 01 72g 400 6( 1650 $114,050.0g 03 Pe~it ~a~ 1~ 60 80 I00 0] 8~ 40 4~ 420 $35,160.0g ~ Fin~ ~ns~o~on ~ Estimag t 40 30 10 O: ~ 0 88 $9,630.0g 05 Bid 8~i~s ~ 40 70 0; ~ 0 ~ i66 $15,230.00 06 Public Aw~enes~ 61 12 32 20 0 ~ 0 ( 70 ~7,300.00 EXHIBIT "B-3" OTHER DIRECT COSTS PROPOSED SCOPE OF SERVICES BUDGET CITY OF BOYNTON BEACH INDUSTRIAL AVENUE CORRIDOR December 21, 1999 Camp Dresser & McKee, Inc. Copies Presentation boards Telephone Postage Express Service Automobile Mileage Automobile Rental Meals [-Iotel Room P3~ s_g_~p~oAu ~kon ~ aJ£ ,Si_z~O_ Plans Reproduction (Full Size) Eomputer Time Report Bindings Air Fare Data & Media $70.00 $200.00 $200.00 $160.00 $360.00 $910.00 $900.00 $360.00 $595.00 $1,440,00 $2,860.00 $60.00 ~0,00 $60.00 [TOTAL COST $18,135.00[ Exhibit "B-3" EXHIBIT "B-4" PROPOSED SCOPE OF SERVICES BUDGET CITY OF'BOYNTON BEACH INDUSTRIAL AVENUE CORRIDOR cONSTRU!~TION DOCUMENTS December 21, 1999 .......... ~ ?~ ..... SUBCONTRACTED COMPANY TASK SERVICES Nodars¢ & Associates, Inc. Geotechnical Investigation $9,365 Exhibit "B-4" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IV-CONSENTAGENDA TI'EH C.4 Requested City Commission - Meeting Dates [] November 16, 1999 [] December7. 1999 [] Dec~rnl~r 21, I993 [] Ianu~y 4, 2000 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to Cit7 Clcrk'sOffice November 3, 1999 (5:00 p.m.) November 17, 1999 (5:00 p.m.) December 8, 1999 (5:00 p.m.) December 22, 1999 (5:00 p.m.) Requested City Commission Meeting Dates [] Janumy 18, 2000 [] February i, 2000 [] Febmary 15,2000 [] March 7, 2000 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned in to City Clerk's Office Ianuary 5, 2000 (5:00 p,m.) la'al ary 19~ 2000 (5:00 p.m.) Feb! laty 2, 2000 (5:00 p.mJ F~b uary 16, 2000 (5:00 pan.) Develop ent Plans New Business Legal RECOMMENDATION: Motion to approve work authorization #11 with Camp, Dresser & McKee, Inc. in the amotmt of $69, 619.00 for the design, permitting, and bidding services for the Costa Bella Subdivision Stormwater Im~ovements. / EXPLANATION: As requested by the City Commission during the November 15, 1999 Stormwater Workshop, the attached work authorization #1 l is offered to complete the required engineering services for the above I sted project. PROGRAM IMPACT: Completion of this project will improve stormwater management in this flood prone ere~ FISCAL IMPACT: Total cost of this agreement is not to exceed 5;69, 619.00. Funds for the design, permitth available in the 1996 Revenue Bond Issue Account g407-5000-590.96-07. Funds for t all of the improvements have not been fully identified. ALTERNATIVES: Continue to pump this area with portable equiptment after storm incidents. Not taking th s action could continue to result in private property damage. SABULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC and bidding servtces are te eventual construction of CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Signature CRy Attome3~ / F~ance / Hman Resources Utilities Depamnent Name John Guid .ry Dale Sugerman City Clerk's Office w/Originals City Attorney Mark Law File S:~BULLETII~FORMS~AGENDA ITEM REQUEST FORM.DOC ENGINEERING SERVICES WORK AUTHORIZATION WORK AUTHORIZATION NO. DATE: CDM PROJECT NO. 6276 - I. PROJECTS DESCRIPTION The Professional Engineering Services for the project include the Costa Bella Subdivision Stormwater Improvements. ~e purpose of. the Costa Bella Subdivision Stormwater Improvements Project (Exhibit A?') is to develop construction documents and associated c0nstructio~ plans for a potential stormwater pump station, detention area and/or gravity storm sewer that will alleviate the existing localized flooding on NW 10~ Street. N6 modifications to the ex}sOng road or stormwater system is anticipated with the exception 0~ a potential pump station/and or gravity storm sewer adjustments for emergency ~ood rdlie{, public t~ealth and Safety reasons. II. CONTRACT REFERENCE Ttii.'s:Work Authorization shall be performed under the terms and conditions described within the Master Agreement for Stormwater Utility Projects dated ti: 16th day of December 1991 by and between the City of Boynton Beach and Cam Dresser & McKee Illc. SCOPE OF SERVICES The ProfeSsional Engineering Services are for implementation of corn truction documents and associated construction plans for two separate projects. The conm ruction documents and associated construction plans will be provided to the City, as follo~vs: / The project as described in detail in Exhibit "A" consists of a stormwvaterer um station · P P and/or grayjty storm sew~ adjustments that will alleviate the existing localized flooding on NW 10u- Street, NW 8~ Avenue and adjacent areas to the Costa Bella Subdivision. This project area essentially is bounded by NW 9th Way and NW l0th Avenue to the north, the Sky Lake Subdivision tO the west, Old Boynton Road to the south and NW 8th Street to the east. The Engineer will design a stormwater pump station, detention area, and/or gravity storm sewer adjustment to provide emergency flood rellef of an inadequate drainage system. It is our understanding that this project will be treate~t as maintenance improvements due to public health and safety nature of this project. NO modificatiOns to the existing road system is anticipated with the exception of a potential pump station, detention area, and/or gravity storm sewer for emergency flood relief. Attached herewith are the Scope of Services and Exhibits "A" and "B" which detail the work effort for this Work Authorization. PROJECT STATUS REVIEW The Engineer shall provide the CITY with a monthly progress letter thr0ughg~[ the project. Additionally the CITy will be provided two (2) bets?0f-conmction: drawings and specifications to review at the 30, 60, and 90 percent 9omple~on ,mil' estoi~e, Five copies of the Prelfminary design report shah be providdff:iO~'~r~i~ io'~ClTY vi. PROJECT SCHEDISLE A25D DELD/ERABLES This schedule is dependent on timely receipt of survey informatiOn, which the City is res?ons~i~le for obtaining. The design and permitting services schedule should be d0figi~i/ed~dp to the Submission Of the construction plans and Peri~t packagest0 the re~'~i~p'~ma/t~dng agencies described herein . CONSULTING ENGINEER INSURANCE REQUIREMENTS · Workers' Compensation Insurance in accordance with Florida Statutes, · Comprehensive Automotive Liability with a minimum coverage of $1,000,000 armuai aggregate for bodily injury or accidental death. · Comprehensive General Liability with a minimum limit of 5;t ;000,000 annual aggregate covering property damagel · 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. 0000kBS4944\12/21t99 2 VII. COMPENSATION FOR SERVICF, S The total mount to be pa~d to the Engineer by the City of Boynton Beach under this W Au ' ' ''' ' 0rk , .thonzatmn for Exhibit A services shall not exceed the upper hrmt mount of $69,6t9. The Engineer will invoice the City on a monthly basis as re~tuired for payment based on costs incurred to date. Exhibits "B-I" through "B4" breakdown the Budget Estimate for Tasks 1 through 6 for the project, This proposal fees do not inClude the permit application fees. VIII. TERMINATION This Work Authorization may be terminated by the City, upon th/rty notice to the other party. If terminated, the Engineer shall complete a services rendered through the date of termination. IN WITNESS WHEREOF, the parties have hereunto set their hands the da) written. 30) days written ad shall be paid for ad year first above CAMP DPJESSER & McKee INC. Donald G. Munksgaard, P.E., DEE Senior Vice President CITY OF BOYNTON'BEACH, FLORIDA City Manager EXHIBIT "A" CITY OF BOYNTON BEACH COSTA BELLA SUBDIVISION STORMWA-TER,IMPROVEME~S SCOPE OF SERVICES INTRODUCTION For ther~urposeoJ['this sCOpe of services, the term CITY refers to the CiW of B0ynton Beach, Florida a~d the term CDM refers to Camp Dresser & McKee Ine. ~ The design services, which are to be provided by CDM, include the preparation of a preliminary engineeri~tg report; contract documents; construction plans speciflcatibns and construction cost estimate. The permitting services that Will be provided by CDM, include the eng~neenng required tS obtain, the necessary permits to construct this project. It is~anticipated that two pe~t~ Will.be required from the' f611owing agencies with jurisdiction 10vet the project: Palm BeachCoUnty (PBC) and the Lake Worth Drainage District (LWDD). PROJECT. DESCRIFrlON The purpose of the Costa Betla Subdivision Stormwater Improvements is intended to develop construction documents and associated construction plans for a stormwater pump station and/or gravity stormsewer that will alleviate an existing localized flooding condition on NW 10th ~treet~ NW 8t~ Avenue and adiacent areas to the Costa Bella SUbdivision. This project is essentially bounded by NW 9th Way and NW l0th Avenue to the north, the Sky Lake SubdiviSion to the west, Old Boynton Road to the south and NW 8th Street to the east. CDM will design a stormwater pump station, detention area, and/or gravity system improvements m provide emergency relief of an inadequate stormwater system. No modifications to the existing road and stormwater system are anticipated with the exception of a potential pump station, detention area, and/or gravity storm sewer for emergency flood relief. It is our understanding that chronic flooding problems exist in this subdivision because it is in the bottom of aclosed depression with very limited discharge capacity. The subdivision has a small dry retention pond that does not properly drain which exacerbates the localize flooding problem. The purpose of this project is to provide emergency flood relief to the subdivision. BS4.946.doc A-1 TASK I - PRELIMINARY DESIGN REPORT Subtask 1.1 Engineering Design Analysis. CDM will prepare a Preliminary Design Report, outlining the design elemen criteria that will be USed in the development of the design and construction p This report will provide sufficient detail and information to show that the pre improvements are feasible to construct according to the recognized standard~ The standards for the project shall be die CITY standards for pump stations FDOT design standards for roadway ang~dminage. CDM, as part of this report, will collect and review available information st existing surveys, as-builts plans, ,soilsAnvest~ga~on reports, utility service e, requirements of all the agencies kayi~ju!~/s~cti~n over the project and anD which may have an impact on the planning, design, approval, permitting, c operation of the pro2ect. All topographical information is to be provided b be s, standards and ans for the proJect. posed for the project. nd the current as records, maps, ~flicts, other ~th~4~formation or CITY and is to CDM will review the . i requirements including additional permit requirements b7 any of the agencies with~urisdicfion ov0r~e ~oject, addit~ona!. ~u~eY: nee4ed; ~d/or:~fies adj~4~rrtents. Re ~ep0~: Will Jndl~id~:~ussibn of the geotechnical iervices pefformed,:in ~ prc~}eet ~rea~ including: field data,:3e~41t~ of iaboratory analysis and geotechrdcal recommendations. The geotechnical services will:fie provided by Nodarse & Associates, Inc. CDM will evaluate the subdivision drainage system and recommend imp[ovements that could c0st.effectively be installed to alleviate the chronic flooding problem of this s abdivision. The C~5~' may de~ide to purchaSe Lot 7 of the sUbdivision to l~ent a dwelling 1 eing built in front of the retention pond and to provide access to the drainage easements. CDM will meet with the CITY staff to discuss the project, to identify operatit system, to determine stormwater force main muting andto ensurethat the scl meets the needs of, the CITY. CDM will also meet with PBC and LWDD in CITY staff to .dis~cuss permits reqmrements CDM aS part of this report wilI CITY to contact the South Florida Water Management District (SFWMD) an, exemption cf an Environmental Resource Permit for this project. No permit: anticipated at this. time. Any services required to comply with SFWMD pent additional services to this work authorization. The report will be submitted in conjunction with the 30 percent design plans, prpposed pump station, drainage structures adjustments and related improven by the CITY. The preliminary design will show all existing utilities, aS provi BS4946xloe A-2 nal needs of the ,~cted routing best onjanction with mommend to the - request a letter of rom SFWMD is it criter/a will be 'hich ~will show the ents for approval ted by the CITY, in the fight-of-way and potential utilities conflicts. This report will also include a preliminary construction cost estimate for all the proposed improvements. Subtask 1.2 Stormwater ModeI Evaluation. This task: vail ifi¢lUde a brief'mualys~s of the,flooding con~t[fions at:the p~.oj, t.s~t~ to dete ~ ~rn~ e st6tmwatei, ~oWs a~i:I :Vo~ui~i~..U~fili~ingi,~:S t°rmwaf~ model Will indade consideml20ff of ihe ~oitowihg it~'hg:: · Subba~in;Areas · · ppropriate versus up Subtask 1 3;DCa~I:q~e~ Memorandum. CDM will" ~' ~ ~f~f ~eds'fo~'*~' ~ ~ ' ~' ~e CITY tO pr~0ivid~ or as~additionat sePvic~s to this work authonzaUom · TASK 2 - GONSTRIJCTION ~OCUMENTS md CDM will work ~¢ith CITY St~t~t6 accommodate the proposed stormwater force main or gravity system layout to the~exte~ndpract~cable vathout ~mpactmg the exmtmg stonnwater system or y other utititiesifi thi~l~r0J~kfi~a ~ts reco~efided in Task i above. Any services required to design, permit,' construct'or in~p~6Ct potehtial utilities adjustments will be additional services to this work authorization. CDM will procee~ Wi~ this task and prepare the design documents for the 60 percent design plan's, upoi~ofiZ~°n from ttie CIT~ Utility Director, after the Preliminar~ Design Report (30 pei~d~:d~s~ga:~i~s) prepared in Task 1 al~o~e have been reviewed and approved by the crr¥. The design services associated with this task have been generally been developed upon the use of one stormwater pump station and/or additional storage to prevent localized flooding. This pump station will be utiJized for emergency flood relief only and it is not intended to disrupt the normal operatihg ~6n~ti~s!t~0r the existingpond and ch/ainage system of the subdiv/sion, SS4946.doc A-3 CDM will prepare plans and specifications for the construction of the improvements. These construction plans will consists of the plan~,sheets listedSn Table 1 beltTM and include but not limited to the performance of specific work and preparation of details and doeuments as follows: · Erosion Control as per FDOT and PBC standards · Restoration of existing sidewalks · Testing materials including specifications for resting · Driveway restorations · Stormwater structures and culverts · Stormwater force main (if necessary) · Mechanical design (Pump Station) · Structural design (Pump Station) Instrumentation and telemetry design · Electrical design CITY and/or FDOT standard specifications shall be used, as may be modifie~ with the CITY approval. Speci~ !~oVisions will be as approved by the CITY. The following table describes an approximate sl~e, et cmmt :for the construction plans: TABLE 1 S l-lEl~r DESCRIPTION Cover General Notes Key Sheet ' Stormwater Force Main Plans (if necessary) Pump Station Plan Structural Plan Electrical Plan. Instrumentation and Telemetry Design NUMBER OF SIqEETS 1 1 1 3 1 1 2 Details 2 TOTAL 13 CDM will proceed with this task and prepare the design documents for the 90 percent design plans, upon authorization from the CITY Utility Director, after the 60 percent design plan have been reviewed and approved by the CITY. The 100 percent design plans will CITY prior to construction and after permits approval and utilities companies been addressed. CDM will submit five sets of 24"x36" size and five sets of 1: TASK 3 - PERMIT ASSISTANCE be submitted to the :omments have !"x 18"(half sizes). CDM wilt provide permit assistance requked to obtain the necessary permits t construct this project. It is anticipated that permits will be required from the following agen :les with jurisdiction over the project: Palm Beach County (PBC) and the Lake Worth ~ ~rainage District (LWDD). No pem~it from SFWMD is anticipated at this time, Any services required to comply with SFWMD permit criteria will be additional servmes to this work authorization. BS~*046.doc CDM will work with PBC and LWDD to facilitate the permitting Of this project. CDM Will prepare and submit permit package applications that are required Or needed to obtain approval ~ro~n the agencies and to resp°nd to up tO two Request For Additional Information (RAI) from the agencies (one RAI per agency) to. cia~y .mformafio~il~;~h~: pemait: apPlic~tiof~ pac~ge::' CDM will attend to one (1) meeting with PBC anal ~one (l) mee/ing ~ith:LWDD2 A total of ~:wo meetings are estimated for budget ~oses. ' ' -': ::. ~ ~- · Basin delineation · Peak flow ~quantifies and~analysis · ~Uk,,~ detentmn ~volumes · · Propg~ed(eon~ ,t~Ucfion layout · C0ns~raction, ~chniques ,' ,, · St Control techniques CDM~;w/~,pre~are:~'B¥C-i~D Di//inage Connection Permit application for the proposed constmctioii impro~reme~ts. ~he following computauon ss reqmred in the LWDDpenmt appliqatiq,n. · 25-~ and i~dyear 3-days Design Storms CDM~/~r~are ~B~ 'Ri~ht-0f-Way Use Permk application for the proposed construction ~mprov_ejne~ts! i~ ~:e~i ,at ~o~pu?Ison ss anuc~pated for the PBC penmt apphcaUon. TASK 4 - PROBABIkE CONTRUCTION COST ESTIMATE CDM Will estimate ttiepfobable cost of construction for the project at the 30 and 60 percent completion milestOnes affd a final constmcUon cost esUmate at the compleUon of the project. TASK 5 - BID SERVICES CDM will provide services associated with the bidding of the project upon acceptance of the construct[~ plans and ~°ntract documents prepared in Task 2 above. CDM will attend a pre.~bid conference, interpret and clarify plans and specifications as needed at the pre-bid meeting an~t during the bidding ~rocess.' CDM Will tabulate the bid proposals, make an analysis of the bids and make recommendations to the CITY for awarding the contract for construction. CDM will provide documentation to the CITY for not awarding the bid te the lowest bidder if the apparent Iow bidder is not qualified, or for some other reason such award would not be in the best interest of the CITY. BS4946.do¢ A-5 Task 6 - PUBLIC AWARENESS CDM will attend up to one public infommtion meeting to be held at a time an~ place to be determined by the CITY and make presentations relevant to the design and affect of the improvements on the community and property owners. CDM will answer questions" from the public regarding the project as given by citizens, or interested groups. A-6 EXHIBIT "B-l" PROPOSED SCOPE OF SERVICES BUDGET CITY OF BOYNTON BEACH COSTA !~ ~EL:LA ER !MPROVEMTNS CONSTRUCTION DOCUMENTS December 21, 1999 OTHER DIRECT COSTS (Exhibit "B-3") OUTSIDE PROFESSIONAL - (Exhibit "B-4") $4,504 $3,355 This proposal fees do not include the permits application fees EXHIBIT "B-I" PROPOSED SCOPE OF SERVICES BUDGET CITY OF BOYNTON BEACH COSTA BELLASUBD!~s!oN. STORMWATER IMPROVEMTNS CONSTRUCTION DOCUMENTS December 21, 1999 SERVICES DESCRIPTION COSI ~DM SALARY-COST, Ta~ks 1 through 6 '(Exhibit "B~2") $6i,760 OTHER DIRECT COSTS (Exhibit "B-3") ............... $4;504 .......... TOTAL -~-' ' '" * $69,619 These proposal ~ees do not include the permits application'fees EXHIBIT "B-2" PROPOSED SCOPE OF SERVICES BUDGET CITY OF BOYNTON BEACH COSTA BELLA SUBDIVISION STORMWATER IMPROVEMTNS ' CONSTRUCTioN DoCUME~ITS Ciii~ii~br~g~r &'M~K~e~ Inc. ~ T~g '01 Pt~ min~gnRe~ (m~l. 30 ~sn) 0 16 30 60 1~ 30 ~ 20 196 $15,190.00 02 Constmofion ~umen~ 0 24, 60 70 0 100 6( 10 324 $24.900,00 03 Pe~it ~s~ 4 1( 20 24 0 16 16 96 $8,400.00 ~ Fi~ ~nstm~on ~Esfi~ 2 16 0 0 0 6 32 $3,170.00 05 [ Bid Se~s 2 1( ~ 32, 0 0 20 94 $8,320.00 06 [ Publio Awareness 0 . - ~ ~ ~ ..~ 0 0 ( 0 H $1,780.00 [ I'OTAL HOURS' 7601 $61,760,001 O[}M c~t~. Exhibit "B-2" EXHIBIT "B-3" OTHER DIRECT COSTS PROPOSED SCOPE OF SERVICE8 BUDGET CITY OF BoYIqTON BEACH COSTA BELLA SUBDIVISION STORMWATER IMPROVEMTNS December 21, 1999 Camp Dresser & McKee, Inc. _: Desem oN roTS ToT . Copies ea./sheet $40.00 Presentation boards ea. $40.00' Telephone ea. $100 00 Postage ea. $64.00 Express Service ea. .$210 00 Automobile Mileage Miles , $226.30 Automobile Rental day $150.00 Meals day $180.00 Plans i~epr(~duetion ~Ial~S~ze) ea,tshe~t Computer Time ~ ': ~ ~-$1;02T80 C~D ~ ~ ~ $1,380,00 ~pon Bin~ngs , ea. $50,~ Exhibit "B-3" EXHIBIT "B-4" PROPOSED SCOPE OF SERVICES BUDGET CITY OF BOYNTON BEACH COSTA BELLA SUBDIViSIONSTORMWATER IMPROVEMTNS CONSTRUCTION DOCUMENTS December 21, 1999 COMPANY TASK SUBCONTRACTED SERVICES Nodarse & Associates, Inc. Geotechnical Investigation $3,355 TOTAL $3,355 Requested City Commission Me~fing Dates [] November t~, 1999 [] December7. 1999 [] Decernber2I. 1999 [] January 4. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQLTEST FORM Date Final Form Must be Turned m to City Clerk's Office November 3. [999 (5:0{~ p.mJ November 17, 1999 (5:00 p.m.) December 8. 1999 (5:0¢ p.m.) December 22, 1999 (5:00 p.m.) Requested City Comn~ssmn Meetin~ Dates [] January 18, 2000 [] February i. 2000 [] February 15,2000 [] March 7, 2000 ZV-CONSENT AGENDA Ti'EH E Date Final Form Must be Turned a~a~u~aaa~n to City Clerk's Office NATURE OF AGENDAITEM [] Administrative [] Developn~entPlans [] Consent Agenda [] New Business~ [] Public Hearing [] Legal [] Bids [] Unfmish [] Announcement [] Presentat RECOMMENDATION: Motion to approve additional vehicles (1S total), to the vehicle pm budget. EXPLANATION: A total of 14 replacement vehicles and one new trailer was deleted from Bus/ness chase list in the FY99/00 he draft 1999-2000 budget document in error. However, funding for the requested vehicles was not deleted and is available in the Vehicle ReservefReplacemeni Fund and the New Vehicle Account. Attached is a list of the vehicles showing the requesting department, replacement vehicle number, type of vehicle and the dollar amount. PROGRAM IMPACT: Allows scheduled replacement of vehicles to occur. FISCAL IMPACT: Total cost for replacement vehicles are $701,000. The new carge trailer cost is $5,000.00. As indicated, funding for all of these vehicles is available. ALTERNATIVES: Delay Purchase of vehicles and include in the next budget year (FY00/ City Mana~ .). s Signaiu~e V S:kBULLETINkFOKMS AGENDA ITEM REQUEST FORM.DOC ,' Departnient Name CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM City'Attorney / Finance / Human- l~esources S :kB ULLETIN~ORM SkAGENDA ITEM REQUEST FORM.DOC ADDITIONAL REPLACEMENT/NEW VEHICLES Vehicle Replacement Department Number Vehicle Tvoe Amount Fire Depamnent g830 Additional Funds $ 16,000 Parks #8074 Trailer $ 3,500 Parks #0513 rmck with utility body $ 19,000 Parks #0572 Cargo van $ 19,500 Parks #0541 Dump truck $ 45,000 TOTAL ~rParks: $ 87,000 Solid Waste Division #0068 Cherry Picker $ 90,000 SolidWaste Division #0069 Cherry Picker $ 90,000 Solid Waste Division g~0085 Front Loader $150,000 Solid Waste Division ~0095 Cherry Picker/Roll-off $ 90,000 TOTAL for Solid Waste Division: $420.000 Utilities #8059 Tractor/Backhoe $ 80,000 Utilities #0178 Cargo van $ 18.000 Utilities ~0189 Cargo van $ 28,000 Utilities #0192 4x4 pickup truck $ 25.000 Utilities #0177 Cargo van $ 22.000 Utilities NEW Cargo lxailer $ 5,000 TOTAL for Utilities: $178,000 TOTAL: $701,000 IV-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meetino Dates [] November 16, 1999 [] December 7. 1999 [] December 21. 1999 [] January 4, 2000 Date Final Form Must be Turned in to CKv Clerk's Office November 3. 1999 (5:00 p.m.) November 17, 1999 (5:00 p.m.) December 8. 1999 (5:00 p,m.) December 22, 1999 (5:00 p.m ) Requested' C~ty Commission Meefina Dates [] January 18. 2000 [] February 1, 2000 [] February 15 2000 [] March 7, 2000 NATURE OF AGENDA ITEM [] Administrative [] Developmen [] Consent Agenda [] New Busine,, [] Public Hearing [] Legal [] Bids [] Unfinished B [] Announcement [] Presentation RECOMMENDATION: Staff recommends approval of funds for Housing Rehabitit Carole Lewis. residing at 3821 N. Dixie Highway, n the amount of $13,283.00. This amoul Florida State Housing nitiatives Partnership (SHIP) grant funding in the amount of $10,i Beach Home Improvement funding in the amount of $3,283.00, that includes $633.00 repn contingency for any unforeseen problems that may be disclosed. EXPLANATION: HousingRehabilitation is the second strategy used with SI- applied for assistance to have her home. which she has resided in 19 years, rehabilitab Improvement Program. Ms. Lewis has been certified as very-low income with $12,168.00 re( part of which are City of Boynton Beach code violations~ would encompass a new mol, a,' replacement of her carport. PROGRAM IMPACT: The rehabilitation of this property would be the removal of a~ in the community be making it safe, which meets the U.S. Housing and Urban Development',, FISCAL IMPACT: The costs associated with the rehabilitation of older dwellin of ieveraglng local funds with State Grant (SHIP) funds gives the City the ability to address bearing (he entire burden. ALTERNATIVES: economically viable to repair in the future. v 'D~ep~rt~ent Hl~ad's Signature Department of Development Division of Community Redevelopment Department Name Failure to do complete and adequate repair of the dwelling City Attorney I Finance t Ht Date Final Form Must be Tumed in to City Clerk's Office / January ~, 2000 (5:00 3.m.) January 19, 2000 (5:00 p.m.) Februaq 2, 2000 (5:00 p,m.) Februar ~ 16 2000 (5 00 p m ) Plans slness 3n Case ,~r2-99-002, Sally t includes the leveraging of ~00.00 and City of Boynton senting a five pement (5%) IP funds. The applicant has ~d through the City's Home eived annually. The repairs, well as the demolition and ,ther substandard structure National Objective. IS are quite high. The ability Ibis issue effectively without will result in it not becoming man Resources FLORIDA HOUSING FINANCE CORPORATION 227 Nort~ Bronough Street. Suite 5000 · Tallahassee, Flodda 32301-1329 (850) 488-4197 I Fax (850) 4'~0-2510 RESIDENT INCOMI - HOME OWNER Effective Date: I-.~/~ i I, c~,~ Xllocation Year~ A. Recipient Information (sefect one) a. Curreot homeowner: b. Home buyer: ~ Existing Dwelling Newly Con, Strutted Dwelling B. Subsidy Use (check a that 'Down Paymeht Assistsnce .... Ptin~:ipal Buy,Down CI0sing Costs ~ Rehabilitation I~te,~'t- Subs~y ; ~Emerge~icy'Repair Guarantee' i ; Other' C. Household Ir~form Names -~AII Household Membem ~ ~ ,- . ,i ; ~.eleUo~ship Age D. Assets; AIl household Income from Member · - Asset Description Cash Value Assets 5 5 ? J_ Total Income from Assets D(b) if line D(a) is greater than $5,000, multiply that amount by the rate specked by HUD (applicable rate 2,0 %! anti e!ller results in D(c). o~hem~ise leave blank. D(c) $ SHIP-RJC (Owner) Rev. 0411999 Page 1 of 3 E. Anticipated Annual Income: includes unearned income and support paid on behalf of minors. M~nber 1 2 Wages I Salaries (include tips, commission, bonuses and Benefits ! Pensions Public Assistance Other Income Asset Income (Enter the greater of box D(b) or box D(c), adore. in box E(e) below) (a) - Totals : This arrt~oun~ i~ the Annual Anticipated Ho~Jseh~ld ncome - Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we h~ve provided, for each person set forth in item C, accepfable current and anticipated annual ncome. I/we certify that the statements are [rue and complete to the best of my/our knowledge and belief and are given under penalty of peri ~ry. WARNING: Florida Statute 817 provides that willful false statements or mi.< 'epresentetion concerning income and assets or liabilities, relating to financial condit on s a misdemeanor of the first degree and Js punishable by fines and imprisonment provided un'er S 1 75.082 or 775.83. Date Signature of Head of Household Signature of Spouse or Co-Head of Household Date SHIP-RIC (Owner) Rev. 04/1999 Page 2 of 3 SHIP Administrator Statement: Based on the representations herein, and upon the proofs and documentation submitted pursuant to item F, hereof, the family or individual(s) named in item C of this Resident income Certification is/are eligible under the provisions of Chapter 420. Part V, Flodda Statutes, the family or individual(s) constitute(s) a: (check one) size Statistical Area~A~ (:~ountyT,~l=[~A[ ........... ,~ ......... ~ ...................... ~. ~ ~ Name Title (Print or H. Household Data (to be.completed by Administrator or designee) Number of Persons Special Target I Special Needs (Check all that apply) NOTE: Information concerning the race or ethnicity of the ocouoants is being gathered for statistical use only. NO occupant is required to give such information unless he or she desires t= do so, and refusal to give such information will not effect any right he or she has as an ocoupanL SHIP-RIC [Owner) Rev. 04/1 ~99 Page 3 of 3 Requested Ci~ Commission Meeting Dates [] November 16. 1999 [] December 7. 1999 [] December 2L 1999 [] Jauuary 4, 2000 NATURE OF AGENDA ITEM IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM G AGENDA ITEM REQUEST FOR.._ Date Final Foma Must be Turned in to Cit~ Clerk's Office November 3, 1999 (5:00 p.m I November 17, 1999 (5:00 p.m.) December 8, 1999 (5:00p.rm) December 22, I999 (5:00 p.m.) Requested City Commission Meeting Dates [] January 18,2000 [] February 1, 2000 [-~ Yebrtway 15,2000 [] March 7. 2000 r-] Adminis~ative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] Announcement --] Dan~ Final Form Must be Turned lin to City Clerk's Office Jan cry 5, 2000 (5:00 p.m.) J tary 19, 2000 (5:00 p.m.I Feb: am'3, 2, 2000 (5:00 p.m.) Felc ~ary 16,2000 f5:00p.m.) Developn ant Plans New Busi ~ess Legal Unfmished Business Presentation RECO1VIMENDATION: Motion to authorize piggybacking of the Palm Beach County Cont Traffic Signal Installation" for the placement of underground conduit on the Gateway Blvd. EXPLANATION: As a part of an agreement with FP&L approved by the City Commission the undergrounding of overhead electric cables, the City agreed to install underground cond PROGRAM IMPACT: The purpose of the undergrounding of the overhead electric cables i the finished project. FISCAL IMPACT: The total cost of the project will be dicatated by field conditions encoun process. The contract cost of the cable installation has been estimated to be a maximum of $ such as location services, and reclamation work is estimated not to exceed $5,000. The total estimated not to exceed $ 24,440. Careful monitoring of the work will guarantee the quality lowestcost oftheinstallation. Funds are available in Account ~t105-3237-51 ALTERNATIVES: The overhead electric cables could be left in place, and not placed under Engineering ENGINEERING DEPARTMENT ~ Department Nam.e City Attomey/ Finance, ret #99056, "Annual Improvement Project. m January 5, 1999~ for aits. to improve aesthetics of ered by the construction 19,440. Associated costs :ost of the project is ~fthe work and the 3-63-08. ground. Signa~re Human Resources S :\B ULLETiN~ORMS~.OENDA ITEM REQUEST FORM.DOC TO: FROM: DATE: ENGINEERING DEPARTMENT MEMORANDUM NO. 99-149 Wilfre4 HawkinS, Interim City Manager Jo~ A. Guidry, Interim Director of Engineering ~ ~ · December 22, 1999 GATEWAY BOULEVT~RD PRO.CT --UND~iGROU?qD FP&L CABLES As part of an agreement with FP&L approved by the commission on January 5, 1999 for the undergrounding of overhead electric cables, the City agreed tO install underground conduits (see attached for review). At this point we have paid FP&L for the cost of converting to the underground system and now we must arrange to install the underground conduits in accordance with the plans (attached for review). Authorization is requested to piggyback the Palm Beach County Contract "Annual Traffic Signal Contract" #99056 (attached for review). The contractor holding this contract is Design Traffic Iastallation, inc. i have met with a representative of the company and they are willing to do the work ~mder, the COunty agreement. Extracting from the Contract using th& FP&L plans for the wOrk, the ~foiiowing is an estimate for the work to be done. The estimate for installing the conduit is high, controlled by the worse case conditions. As field COnditions dictate, the actua~ cost of the conduit irctallafion is exPected to be lower. T~ere are other field conditions that will influence the cost.~fthe project that cannot be~identified as to the exact amount at this time. There will be location costs associated with identifying e~ting utilities and obstructions and reclamation costs in the event sod, s ,h~;bbery or trees must betaken out or replaced as a result of the work. An allowance must be made for these field determined confingeficie~. Location Between Seacrest and NE 1s~ I_ane At NE 2nd Collrt Between NE 3ra St and NE'4m St Between NE 4th Ct and NE 4th St At NE 4th St. Totals 6" Conduit (LF) 100 130 306 536 LF- 6" 4" Conduit (LF) 120 120 240 LF- 2" Engineering Department Memorandum No. 99-149 Re: Gateway Blvd. Project - Underground FPL Cables December 22, 1999 Page Two From the County Conlract: 2"- 240 LF ~ $14.00/LF $ 3,360 6" _ 536 LF ~ $30.00/LF $16,080 Total required to install $19,440 Contingencies for fieldneeds $ 5,000 Total for project $24.440 Careful monitoring of the work will guarantee the quality of the work and the lowest cost of the installation. If awarded, the contractor has agreed to begin work within 30 days. Funding for this work with be from the $2,000,000 grant received from Palm Beach County, and the account setup for the construction of the Gateway Roadway Improvement Project, Account # 105-3237-513-63-08. If there are any questions please contact Larry Roberts at ext. 6282. JAG/LR C:~ly Documents\G-ateway Blvd. - Underground FPL Cables.doc V. CITY MANAGER'S REPORT A. DATE: TO: FROM: CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER INTER-DEPARTMENTAL CORRESPONDENCE December 29, 1999 Wilfred J. Hawkins, Interim CityManager · Dale S~ Sugerman, Assistant.C;rty.Manager SUBJECT: Options for { are )Pond purpose of of those two I bidder that million in prices that have Pond "B" jeopardy. matter wi~h the City Commission at their December:H, 1999 meeting, I~he va~iou~S alternatives that we .hav® for!letting this project ' ur a reaSonable amount of money. I see the following 1. ' Re,bid the project. This a|temafive can be easily accomplished. All of the bi( it and settin..g. ~ such an' alternative is tl~at it will .~ get the, project finished* ~n a timely manner. R, to a proiect that is approximately 60 da, ~ will not. necessad!y gUarantee ti )[ice. Award ,t~ b d 'as received. This alternative can also be easily accomplished. The received is a qualified bid and it is from a solid contracto this bid should result in a project that is done on time. ThE rng material is in new bid opening edously harm our ;-bidding will add ,s late already. In ~e City that we will ;ole bid that was · The awarding of problem with this bid is th_a,t the bid price is approximate y $1.7 million dolla's higher than the Eng neer s est mate f th s I~id were to be awarded, we would not be getting good value for our dollars spent. Split the Award note bidders dudng the second round of bidding, we variety of did Award a-~Des gp~Build Contract th~ that= has been 509 : the CM ~ fees), the the use of of Split the Award and also Award a Design/Build Contract The final option is to award three of the component parts (the ones that were priced in line with the Engineer's apparent tow bidder and to award a design/build contract & Constructor's Inc. for the one component part of the Pond construction) that was so out of line with the original E This alternative is possible, and it may save us some mon but there are also some down sides to such an arrangeme not offeredto dO the design/build on just the Pond c(~npol They may or may not be amenable to such an arrangem~ type of arrangement would have the same problem as ~herein it would be much better to have just one contract job, rather than having two contractors doing it at two differ~ RECOMMENDATION Based upon all of the input I have received on this project, and taking a h these options, it would be my recommendation that the City Commissio Option 4, Awarding a Design/Build contract to CDM Engineers & Contn this option has all of the advantages and none of the disadvantages. It w~ Begin the project immediately. Have the project built by the individuals who designed it. Bring the project in under the amount it would have come to use the competitive bidding process. Give all of the participating parties an opportunity to actuall to the incentives built into the arrangement. I will be happy to discuss all of these options, and my recommendatior 2000 City Commission meeting. Once the Commission chooses one of will be ready to formalize their decision at their January 18, 2000 meeting. In the meantime, should you have any questions about this me do not hesitate to contact me directly. of the odginal bid estimate) to the o CDM Engineer's )roject (the actual stimate. ~y in the long run, nt. First, CDM has ~ent of the project. ;nt. Secondly, this found in option 3 )r doing the entire ~nt times. ~rd look at each of look seriously at ~ctors, Inc. To me, ~uld allow us to: i if we were forced save money due at the January 4, these options, we gularly scheduled ~orandum, please Dale S. Sugerman Assistant City Manager CC: James A. Cherof. City Attomey John Guidry, Director of Utilities Don Munksgaard, Senior Vice President, CDM Requested City Commission Meeting Dates [] November I6, 1999 [] December ?, 1999 [] December2L 1999 [] January 4. 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH VII-PUBLIC HEARING AGENDA ITEM REQUEST FOg .- ITEM A Date Final Form Must be Turned in to City Clerk's Office November 3. 1999 (5:00 p.m.) November I7, I999 (5:00 p.m./ December 8, 1999 (5:00 p.m. December 22, 1999 (5:00 p.m.) Requested City Commlssmn Meeting Dates [] lanu~ 18,2000 [] Februat3 1.2000 [] February 15.2000 [] March 7, 2000 -'] AdminisU'ative [] [] Consent Agenda [] [] Pubtic Hearing [] [] Bids [] [] Announcement [] RECOMMENDATION: Please place the request below on the January 4, 2000 City Co--i, Hearing, At the December 28, 1999 meeting, the Planning & Development Board tabled approval for The Learning Depot. Staffhas recommended approval of this application. A~}l~i~. been met. For further details pertaining to this request see attached Department of Develo~i 1 300. Dal .~ FinalEorm Must be Turned in to City Clerk's Office Jan ary 5,2000(5:00 p.m_) Jan tary I9, 2000 (5:00 p_m.) Fei xary 2, 20Q0 (5:00 p.m.) Fe~ alary 16, 2000 (5:00p.m.} Developn ant Plans New Business Legal Unfm/she~ Business Presantatitn '6 :a~qii~ unde~ ~lic abfiiX~ requirements have l~oran~mm NO. P&Z 99- EXPLANATION: PROJECT NAME: AGENT/OWNER: LOCATION: DESCRIPTION: PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A The Learning Depot - PreSchool Scott and Kathy Freeland SW 3rd Street ~ Woolbright Road Request conditional use approval to construct a 4,623 square foot da, City Manag~ I~epartmen~ 9~ Develo ~nent Acting Director Planning and Zoning Director are center on 0~52 acres. City Attorney / Finance · Human Resources DE TO: THROUGH: FROM: DATE:' SUBJECT: Chairman and Members - PJanrt ng and Deve epment Board MiChael Rumpf Director, of Plannin~Zonmg Lusia G .a? · Senioi; iSl~ner ~ .Dece;htt~er 7, ~999 T ~Lea;~fllhg DepOt- COUS-99-007 Oe~difi~"~ ;U~e-Dsy. Care Center .......... INTRODUCTION Contained herein is a d~SC~ption of the subject project. The site is situated on a .52 acre of vacant land zoned R-l-AA ~ Residential. It is located on the northeast comer of Woolbfight Road and SW 3~ Street. '1 .~ a day care center for children. A day care center is a district. Project Name; Learning Depot Applicant/Agent Scott and~Catherine Freeland General Descriptien: Conditional use approval for a day care center. Property Size: 22,658 square feet (.52 acres) Land use: Residential Low Density (LDR) - Max. 4.84 du/ac. Zoning: Single Family Residential District (R-l-AA) Location: The northeast corner of Woolbright Road and SW 3r* Street (See Exhibit "A"- Location Map). Building area: 4,623 square feet under roof. Adjacent Land Uses and Zoning: North- East- South- West- Single family home zoned R-l-AA Vacant lot zoned R-l-AA Woolbright Road and beyond that - Little League City park Zoned Recreation. Single family home zoned R-l-AA The Learning Depot COUS 99-007 STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSI?, Sect[on 11.2.D of the Land'De~/elopment Regulations contains the folio ng standards to which conditional uses are requ red tc conform. Following each of these standards is the Planning and Zoning Division's evaluation of the applicat on as it per, ins to standards. 1. Ingress. and egress t4) the~,~zcbject,~rope~ a~d proposed S~ructUres :thereon, ~Vith the particular i'eTferencb tO a'utomObile~ a~ -ped~str~an ~afety and convert/Or,Ce, traffi~ 'f[dw, and dentrol, and access in case of flre or ca~as~rophe. The subject These a circular Due to 1 Florida per[y, the SW 3"~ Off-street SW3rd Street. in , noise, will The site plan provides the areas are adjacent Refuse and service areas, ;with pa~ticularreference 2 above. Roll out trash containers ~jll ~ =the method of refuse disposa. The co ta hers wil be oca · - ....~ ,~ . ~ ted behind a S~(: (6) ~'ooth!gh!~g~l~e~enclosu~e;, ~h[Ch ~ll be pro~adv ,sci~=e~e~d an,~ ~..~,.--,~ -r.-,h p~,r,-up w[u De a[ CUEDsI~e;, ' Ut/lit/es, wJth feference te4~ ec~t, iO~ availability, and compatibility. Water and sewer uti~iti~ are currently, provided to the site. With ncorporation of Department ,COmments~,~ a~ §,~ are avai ~ble, and consistent wi~h *h. Utility · , ~ · . ..... Comprehensive Plan policies and City regulatiOnS. Screening, buffering and landscaping with reference to type, dimensions, haracte~ The appl!cant is proposing to provide landscaping on the site to meet ti' e City's current zoning code regulations· A landscape buffer including a continuous hedge, and r ;quir~d buffer trees will be provided along the road right-of-way and vehicu ar use areas. Buffedr g requirements for this use are the same as requir~ed for a commercial use when it abuts a res Jential deve opment A six- (6) foot high masonr~ block wall is provided adjacent to the residential property to the north The Learning Depot COUS 99-007 and east of the site. With incorporation of staff comments, screening and buffering will meet the code. Required setbacks and other spaces. 10. 11. Economic The family Park family .~elL~with the The height a major has remained dea~t~end street. It is well 'i~'B(~jriton Beach. The 3, as ~set forth in the With 'n~orpqration off.staff ¢ ~o~men~s, ~he proposed ~roject :~vitl~cOm~pl~';wi~h requirements within this section of city code: stated I The Learning Depot COUS 99-007 12. COrnp/iance with, and abaternent ~ nuisances and hazards in accorda stan~/ard, s within Section 4 of the zoning regu/ations; a/so, conforman~ Beach Noi~e c6n~o~ OrdinanCe: any nuisance, hazard or e: SUMMARY/RECOMMENDATION ;e with the performance to the City of Boynton .~ssive noise, 'abut the project ·, ..... building permit. .i; Staff recommends, tl~t~ the app cat (3r~ be~appr ,oved subject to meet ng a I the ~nd t ohs n Exhibit ·,, :,~ ¢[tctud~ng co~pilanca~:w~t~,the pa~¢n Bea¢lii'-Co~nty 'Fdaffic Performance Standards. ',LG/dim ;Attachments MAP EXHIBIT ,"A' EXHIBIT "B' EXHIBIT "B' .............. ,,_ ....... =~:.:=:....,= EXHIBIT "B'~ EXHIBIT "B' EXHIBIT '~C" Project name: LEARNING DEPOT PRE-SCHOOL File number: COUS 99-007 Reference: Conditional Use. File # COUS 99-007 5vith a November 23. 1999 P]annin~ and Zonin~ Devartrnent date stamp) markin~ DEPARTMENTS PUBLIC WORKS ,i ~ ~omments: None ii:~ ' ,;UTILITIES be$790-O2~r a, ,~ ~ek 2. Comp PI~ i~k~ ~}~,~i~es the conse~at~on of potable amr ~ , Ci~ w ~ .be used for imgatmn here ot~g ~e reaany ~a!l~A ~ chanue the nl~s accord~n~lv. 3. ~s office fll not ~ lm~ sure~ for ~nstallat~on of the water ratlines, on ~on~t~ ~.the systems ~ ~tly complete~ the Ci~ befOr~ mo ~ i pem~ent motor is set. Not~ that s~i~ pe~nt Water m~ is a pr~r~qUisit~ to obtaining th~ cmifiCate occup~cy. 4. Appropriate backflow prev~ntem will b~ requi~d on ~ domestic s~ic~ to the building, ~d ~ tiro sprinkler line ifther~ is one, in accordanc~ ~ Sec. 26-207. 5. A building pe~it for ~is project shall not b~ issued until ~is offic~ h~ approwd tho pl~s for ~e water ~or sewer imp~vemenm required m se~e ~ project. (Soc. 26-15) Please provid~ ~o co=ected copies of the ongino~rNg plan, wi~ d~tails, dir~tly to the Utilities D~pt. for review. 6. Provide drainage calculations sho~ng ~e mount of rainfall retained on-sRe, at time of building pe~R surimi. FI~ Comm~n~: Non~ POLICE Comments: Nono ENG~EE~G DIVISION Comments: Page 2 Learning Depot Pre-School File No.: COUS 99-007 DEPARTMENTS '~ .....CLUDE REJECT 7. ' 'playPr°videarea.a Cross section of the stormwater, retention area and the open 8. The site Will require an excavation/fill permit 9. The site will generate substantial traffic through the residential community in addition m alt the existing traffic toF0rest Park Elementary School. We reCOmmend lhat ~heneighborhood's posen be ' weighed heavily,regarding the appm¢al Or disapi~roval ~f the hquest~ ' BUILD1NG DIVISION 'i, :' ' ' Comments~ 10. At time of permit review, provide detailed drawings and documentatio; on the plans that w, ill veri~y the ~ccessible rout~from the accessible parking Spaces'to ~e accessible building e~t~ance ii'in compliance with the ~egulations of~he Florida AcceSsibility Cod~ for. Building Con,ruction. The documemation shall inclu~de~butnot be limited to, identifying the type of material, surface finish, ,/,idth,,cross slope, slope and lengt~ of the ~ntire accessible route including, Wkere applicable, landings, ramps and handrails. 11. Co~dermg that derail drawings of the building signage were not provided a~d the location of the signage ~vas noi sh0~ on-the elevation · vi6¢3 drawings of ibc building, pla~ ~e following note on the site plan and ?ach drawmg Cepmt~ngthe elevatmns ofth~build~ng Building s~*~,~ ~ge ~s not approved foethis:project. Separate site plan review and approval is required for ~buflding sig!lage." 2. At time of Cermit review, move.the location of ~e proposed buffer wall that is loca[ed alo nor pr0p? ll/ e o de o the utility easement. Structures shall not efic?o~eh into hn ~ement. '13. At time of permit review, submit sigged and~ sealed working drawings of the p~oposed construction : ;14. At ti~ne of permit submittal, pre~vide~an executed City unity oftitte form. The ~form shall combine all lots or fiarcels W~thin the sub'ect site asone tot. ~The processing of the form shall follow the Unity of title procedures. ::15. A t tnne of permit rewew, attach a current survey of the subject property o bqth sets of permit documents. Page 3 Learning Depot Pre-School File No.: COUS 99-007 16. C~mpliance with the Building Codes will be evaluated.at:time of permi~ reviews. ,iT2ae~permit fee; water and sewer faei[it~ 'fee~, Fi~'D~eht fe~s, COunty fees and State fees will be determine4J~attim~:~f~p~t%.~ PA~S commenm,~;. . . 18. Label ~ont, re~ ~d 19. In--dh e ms~ wld~ W gT,f~.jPl~ ~ugbe ~0~n t~ ~ale. 0. lgde ~Io the 2 lng extenor~ r on 21. On the no~ s~de of landscape s~p mdmate eleva~on of~ml[w~ ~ ~on from the streW. (Ch. 23, ~. II E.) 22. Procde a note onlhe l~dScaPe5 ~dicafingt~e:~thod of i~igation 23. Add ~pe of sod ~d mulch not pem~aed. (Ch.4, 24. Indicate the ske ~ianglesat ~e Vehic~i~ acces~azs (Ch. 7 5, Sec. 5. 25, ~e building design shall be compatible Wi~ ~e su~o~ding built environment Indicate the colors to be used on the elevation drawings. (Ch. 9, Sec. 11, A. & B.) Page 4 Learning Depot Pre-School File No.: COUS 99-007 Recommend that a hedge be placed on the outside of the required buffer wall along the east elevation and mulch in between north wall and adjacent fences. 27. Ail plans must be signed and sealed prior to submittal for building permit. 28. Orient the landscape plan the same direction as the site plan. DEVELOPMENT ORDER O CITY OF BOYNTON BEACH PROJECT NAME: The Learning Depot APPLICANT'S AGENT: Scott and Catherine Freeland APPEICAN:F'SADDRESS: The northwest corner of Woolbdght Road and SW3~d Stree~ DATE OF HEARING BEFORE CITY COMMISSION: .J~nu~ary~ 2~00 TYPE OF REL EF SOUGHT Conditional Use/Site Plan Approval LOCATION OF PROPERTY:The northwest corner of Woolbright Road and SW 3~ Street DRAW NG(S): SEE EXHIB T "C' ATTACHED HER;,ETO THIS MATTER came before the City commission 0f the City of Boynt0n'Beach Florida appearing on the Consent Agenda on the date above Th? city Commiss on hereby adopts the findings ~nd recommendation of the Pl~nhii~ '~lndDe~/elol~ment Bbai'd, Which Bbard found ~S f01lows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 X 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 X 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 accoraance with the terms and conditions of this order. 7. Other DATED: City Clerk j:\SHRDATA\Planning\SHARED\WPt,PROJECTS\THE LEARNING DEPO'~ LEARNING DEPOT- COUS\DeveloD Order CC 1-4-00.doc XT-LEGAL ITE q ORDINANCE NO. O99~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING VACANT PROPERTY CONSISTING OF 5.89 ACRES OF LAND (LOWE'S HOME CENTER); AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY~ MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESTGNATION IS BEING CHANGED FROM INDUSTRIAL TO LOCAL RETAIL COMMERCIAL; PROVIDING FOR CONFLICTS, SENILITY~ AND AN EFFECTIVE DATE, WHEREAS, the City Commission of the each, Florida has adopted a Comprehensive Futuz Plan and as part of said Plan a Future Land Use Drdinance No. 89-38 in accordance with the Local Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Ise Element of a Comprehensive Plan as set forth 163, ~ ~ ' · ~ -_- , has been followed; and WHEREAS, after public hearing and study Commission deems it in the best interest of the of said City ~o Comprehensive Plan NOW, City of Boynton Land Use lement by ~overnment uture Land in Chapter the city ~abitants amend the aforesaid Element of the as adopted by the City herein. THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~ Ordinance No. 89-38 of amended u~ ~r~!~t ,the~ollowing: That the i Eu~ure ~a~nd~ Use .oil the land shat~l be designated~as Local Retail Commercial. Said land is ~ l~a.r~..~I~l~c~ribe~ as~ fol~t~ws: ~he City is hereby following described described as9arcel plat there®f, Beach County, Florida. ~ That any maps adopted in accordance with the ?uture LandUse Element shall be amended accordingly. ~ All ordinances or parts of ordinances in ~onflict herewith are hereby, repealed. ~ Should any section or provision of ~his )rdinance or any portion thereof be declared by a court of compe~en~ jurisdiction ~o be invalid., such decision shall nou affect the remainder of this Ordinance. after adoption, effective upon :ompliance. This Ordinance shall become effective 31 days unless challenged. If challenged, it becomes the issuance of a final order finding it in FIRST READING this ~/ day of ~_~ , 1999. SECOND, FINAL READING and PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner tTTEST: City Clerk (Corporate Seal) s:¢a\ord\Loew' s Home Center Lan~ Use XI-LEGAL ]:TEM A.2 ORDINANCE NO. O99-,.~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE' APPLICATION 'OF RICHARD BASEHART OF BASEHART CONSULTING, INC., AGENT FOR WOOLBRIGHT PARTNERS, INC., (A 5.89 ACRE PARCEL LOCATED AT THE SOUTHWEST OF 1-95 AND ' 390 FEET A PLANNED I WHEREAS, the CiW Commission of the City of Boynton B as adopted Ordinance No, 91-70, in which a Revised Zoni adopted for said City; and WHEREAS, Richard Basehart of Basehart ConsulUng, I Noolbright Partners, Inc., owner of the property more particuli aereinafter, has heretofore filed a PeUtion, pursuant to Section YZoning, of the Cede of Ordinances, City of Boynton Beach, FI purpose of rezoning a certain tract of land consisting of 5.89 a~ being more particularly described hereinafter, from Plann Development District CPID} to C-3 (Community Commercial); ar WHEREAS, the City Commission deems it in the best ir inhabitants of said City to amend the aforesaid Revised Zc hereinafter set forth. each, Florida ag Map was :., agent for rly described of Appendix Idda, for the res, said land ~d Industrial ~d terests of the ning Map as NOW, THEREFORE, BE I1' ORDA~ZNED BY THE crrY COHMZSS[ON OF THE CTTY OF BOYNTON BEACH, FLORZDA, THAT: Section :~1: ~The following: !desCribed~,:land, Iocated~:,in the City of and the s District to C-3 (Community Commercial). A location map is at~ached hereto as and r~ade a part of this Ordinance.by reference., Attached as Exhibit is a copy of the conditions/requirements for this re. zoning, which are heroin. Section 2: That the aforesaid Revised Zoning Map of the City shall be mended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are Section 4: Section 5: Should any section or provision of this Ordinance or any declared by a court of competent jurisdiction to be invalid, such the remainder of this Ordinance. This ordinance shall become effective immediately upon :IRST READING this o¢/ day of ~ 1999. SECOND,, I~NAL READING and PASSAGE this day of _ cTrY OF BOYNTON BEACH, FLOR[DA Mayor Vice Hayor Mayor ProTem Commissioner Commissioner City Clerk (Corporate Seal) s:ca\Ord\Rezoning Lowe~ - 5.89 Acres '~::.J'O .400.'OgO FEET _, . _ -_. _'- ,'1 ',iL . Exhibit "B" Conditions of Approval Project name: Lowe's Home Center File number: LUAR 99-004 Reference: Land use Amendment File # LUAR 99-004 DEPARTMENTS II~CLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None · PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. Amend master plan for Boyaton Commerce Center PID to eliminate the 5.98 acres and adjust data accordingly. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. \\CH~M~I N~SHRDATA~PLANNING~$HARED&WP~PF[OJECTSll. O~'S HOME CENT1.-'RSLUAR~CO .0. OF AIaPROVAf. P&D 11-23-9~.DOC XI-LEGAL ITEH A.3 ORDINANCE NO. 099-.,.~¢~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2 zoNrNG, LAND DEVELOPMENT REGULATION SECTrON 6 (E) (1); PROVIDING THAT ALL APPLICATIONS FOR CONDITIONAL USES' LocATED. WITHIN THE CENT, HAL BUSINESS DISTRICT AND THE COMMUNITY REDEVELOPMENT AREA ~HALL BE CONSIDERED AND REVIEWED BY THE pLANNiNG AND AMENDED SHALL REMAIN ,IN PROVIDING AND AN EFFECTIVE DATE. FULL FORCE Ak WHEREAS, the City Commission has det,ermined that il miform all review process for site plans and conditional uses with duties of the ~iannihg and de~el0i~ent board; and WHEREAS, in.the,interests:of efficiency the City Commis he functions and duties: ~f;/the CRA board within the CBD ay Performed by the planning and development board; and NOW, THEREFORE, iBE 1T'0RDAINED BY THE CITY CO[~IMI ~OYNTON BEACH, FLORIDA, THAT: is necessary to make respect to functions and ion has determined that CRA district are best ;SION OF THE CITY OF Section 1. That Chapter' 2, Zoning, Land Development Regulation, Section 6 (E) (1), is hereby amended by adding the words and figures in the underlined type and by deleting the words and figures.iri,the struck-through type as follows: Sec~ 6 (E) (1) Permitted and conditional uses. With business district, no building, structure, land, or wa1 thereof, shall be used except for one or more of the listed below. Uses specified below which are followed (*) shall be deemed to be conditional uses, which may and granted in accordance with Section 11.2 of regular ons ...... ~ ~n the central er, or portion ollowing uses by an asterisk be considered these zoning aoDlicationS ~v~hin th~,CBD and the CRA district shall Ibe considered and rev eWed bv Dlann~o !and dev~ oornent board n a oroceed nos. / ~ Each and ever~ other provision of Chapter ~ not herein specifically amended shall remain in full force an'd effect as previously enactedt / Section 3. All ordinances or parts of ordinances in conflict herewith be and the ~ame are hereby repealed. Section 4. Should any section or provJsfon of this ordinance or portion hereof,/_~l any paragraph, sentence or word be declared by a court of competent jurisdiction to be ~nvalid, such decision shall not affect the remainder of this ordinance. ' ..... Section to, codi~fY. Said ~iordinance passage. of , 2000. cITY OF B6'YNTO~' BEACH, FLORIDA Mayor vice Mayo~ ATTEST: Mayo[ Pro Tern Commissioner City Clerk Commissioner S:ca\ord\ P & D Reviews within the CBD CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tamed Meeting Dates in to City Clerk's Office Requested Cil~ Commission Meefin~ Dates Dat~ Final Form Must be Turned in to City Clerk's Office [] Novemberl6, 1999 November 3, 1999 (5:00 p.m.) [] January 18, 2000 Jmluary5, 2000 (5:00 p.m.) [] December?,1999 November 17, I999 (5:00 p.m0 [] February I, 2000 January 19, 2000 (5:00 p.m.) [] December 21. 1999 [] Januar~ 4, 2000 December 8, 1999 (5:00 p.m.) December 22, 1999 (5:00 p.m.) [] Febraaryl5,2000 [] March 7, 2000 Febr~my 2, 2000 (5:00 pan.) / February 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids ~] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Please place the request below on the January 4, 2000 City Commissin Legal - 1~' Reading. This ordinance amends the City of Boynton Beach Comprehensive Plan puts requiring specific policies to promote siting of public schools and increased intergovernmental coz that this item was reviewed and approved for transmittal to the State Department o£Community A 17, 1999. On November 29th, the City received DCA's comments on the proposed amendments amendments as included herein. The city now has 60 days, or until January 29 to adopt the propo: to the DCA for fmal (compliance) review. For further details pertaining to this request, see attach~ ~ meeting agenda under ~ant to Florida law rdination. You will recall :fairs (DCA) on August ad incorporated ed amendments and return t ordinance. EXPLANATION: Project: School Siting Amendment (CPTA) 99-003/99-PSI Agent: City of Boynton Beach Description: Request to amend the goals, objectives and policies within the Future Land Use and Intergovernmental Coordination Elements to include school siting and school board coordination requirements as mandated by Florida law. PROGRAM IM]?ACT: Represents a required step in the proper maintenance of the city's comprehensive plan. FISCAL IMPACT: N/A ALTERNATIVES: Subject amendments are pursuant to state; however, modifications may still be made to the amendments, if found necessary, and adopted as scheduled. -- D~partrae~ of Dev{!opment Acting Director Planning and Zoning Director City Manager's Signature City Attorney / Finance / Human Resources DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: EAR-Based Comprehensive Plan Amendments APPLICANT: The City of Boynton Beach DATE OF HEARING BEFORE CITY COMMISSION: January 4. 2000 TYPE OF RELIEF SOUGHT: Comprehensive Plan Text Amendment- School Siting and intergovernmental Coordination LOCATION OF PROPERTY: DRAWING(S): None THIS MATTER came before the City Commission of the City of Boynto~ 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 Bbard found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach. Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the Cily Clerk. / 6. All further development on the property shall be made in accordaJnce with the terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDATA\Planning~SHARED\WP~SPECPROJ\EAR\Develop Order CC l-4-00.dcc ORDINANCE NO. 099- AN ORDINANCE OF THE CITY COMMISSIQN OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING AMENDMENTS TO ITS COMPREHENSIVE PLAN BASED ON NEW CHANGES IN THE GROWTH MANAGEMENT LAW, CHAPTER 163, FLORIDA STATUES, TO REVISE AND UPDATE THE E)',ISTING OBJECTIVES, POLICIES, DATA AND ANALYSIS OF THE INTERGOVERNMENTAL COORDI] ~IATION ELEMENT AND THE FUTURE LAND USE ELEI~ ENT IN ACCORDANCE WITH THE MANDATES SET F¢ RTH IN CHAPTER 163, FLORIDA STATUTES; PRCVIDING FOR A TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR CON :LICTS. SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the State Legislature of the State of Florid all municipalities draft and adopt Comprehensive Plans to consistent planning with regard to land within their corporate lin WHEREAS, the State Legislature of the State of Florid all municipalities draft revisions to their Comprehensive Plan regarding Intergovernmental Coordination and School Siting issues; and WHEREAS, the State Legislature of the State of Florida has mandated that all municipa ities must adopt such revisions by October 1, 1999, and December 31, 1999: and WHEREAS, all amendments to the Comprehensive Plan must be adopted i~ accordance with detailed procedures which must be strictly followed; and WHEREAS, the City of Boynton Beach has held all duly required public hearings prior to submission of these amendments to the plan to the State Department of Community Affairs i~ accordance with Chapter "63, Florida Statutes; and WHEREAS, the City Commission desires to adopt the revision amendments consistent with its current Comprehensive Plan to guide and- controJ the future development of the City, and to preserve, promote and protec! the public's health, safety, ana welfare; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: has mandated that rovide thorough and its; and has mandated that ~ The City Commission of the City of Boynton Beach, Florida hereby adopts the Future Land Use and Intergovernmental Coordination amenaments to its Comprehensive Plan, which amendments consist of the pages which are attached hereto as Exhibit "A", and made a ~part hereof and which will be incorporated into the current Comprehensive Plan. A copy of the Comprehensive Plan, as amended, is on file in the Office of the City Clerk of the City of Boynton Beach. Section 2. The City Clerk is hereby directed to tran§mit five (5) copies of the amendments to the current Comprehensive Plan to the/State Land Planning Agency, along with a copy to the South Florida Regional Planning Council, and to ,any other unit of local government who has filed a written request~, for a copy, within ,ten (10) working days after adoption, in accordance with Section 163.3184(7), Florida Statutes. .Section 3. AJ laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 4. Should any section or provision of this Orainance or any portion ,thereof be declared by a court of competent jurisdiction to be nvalid, such decision shall not affect the remainder of this Ordinance. Section 5. The effective date of this Plan Amendment shall be the date a 'final order of compliance is issued by the Department of Community Affairs or · r' rice Administration Commission find ng the amendments in comp lance m acco da with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land use dependent on this amendment may be issued or commence before it has become effective. If a final order on noncompliance is issued by the Administration Commission, this amendment may nevertheless be effective by adoption.of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, ,Bureau of Local Planning, 2555 Shumard Oaks Boulevard, Tallahassee, Florida 32399-2100. FIRST READING this __ day of January, 2000. SECOND. FINAL READING AND PASSAGE this . day of January, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner ATTEST: City Clerk s:ca/ord~Amend Comic. Plan Amd, 122099 EXHIBIT "A" FUTURE LANDUSE ELEMENT Objective 1.19 Policy 1.19.8 ~ny June I, !9~9, The City shall evaluate and allow a range of land uses for which the area, location, and int~ nsity of these uses provide a full range of housing choices, ct mmercial uses to ultimately increase tax base, employment o[ portunities, recreation and open space opportunities, and ublic uses includins school sites for both existing and pro 'e. cted P0pulatigns, provided that all other compr~hel sire plan policies are compiled with. The Ci_ty shall continue to mcPiC; adopt and enforce ad enforce regulations to keep existing public schools which are in operation in the Public and Private Governmental/Institutional land use category, Furore nublic ~ ~'~ t, ......... · ' - : --~ v ......... wbhc schools shall be a oermlted use m the Low Density Residential. Moderate Density Residential, Hi_eh Density Reside~tiak Office/Commercial. Mixed U~, ~nd Public and Go rnmental/In~s, nmnonal land use desmnanons ................ eem=!vinz w:.thDesi~nared sites shall comnlv with stu~ law and the follow,ne locational and'design criteria; Policy 1.19.8.a At a minimum, the threshold acreage for new schools shall be as follows: a) Elementary_ Schools: A minimum of four (4) acres for the first two hundred (200) students plus one (1) acre for each additional one hundred (100) students. b] Middle Schools/Junior High Schools: A minimum of six (6) acres for the first three hundred (300) students plus one (1'~ acre for each additional fifty_ (50] students up to one hundred (100) students. c) Senior High Schools: A minimum of seven (7) acres for the first three hundred (300) students plus one (1) acre for each additional fifty (50) students up to one thousand (1.000). students, plus one (1~ acre for each additional one hundred students thereafter. d) Area Vocational-Technical Schoot: A minimum of twenty (20) acres for the first five hundred (500) students vlus one (1) acre for each additional fifty_ (50) students up to ofie thcJusand (I ,000) students. Communi _ty College: A main campus site shall be a minimum of one hundred (100~ acres. Each separate center site shall contairl ~ minimum of forty_ (40) acres for the first five hundred (500~ students plus two (2) acres for each additional one hundred (100) smdents. Soecial-ouroose center site acreage shall be aDvrooriate to contain ~e fundtio~s id¢l~ificd in the program. '- - Policy 1.19.8.b Upon issuance ora development order for a new school, the necessary public facilities such as. but not limitedlto, sanitary sewer, solid waste, votabte water, drainage, and roads and appropriate bus stops are to be in place to serve the proposed use. Furthermore. the SchooI Board shall obtairl a written a~reement from, the service vrovider assuring adequate capacity is available. Policy 1.18.8.c Policy 1.19.8.d Public facilities should be in close proximi .ty and operating at the adopted level of service, before a development order can be issued for a new school, mi! The CRv shall reouest that the School Board sub t for review information on renovations, additions, and proposed expansions to property owned by the School Board to assure the availabili _ty of public facilities and land use consistency, as the proposal relates to future planned imp_ rovements. Policy 1.19.8.e Planners for the School Board, County and the City ~hall be included in both the development of the school location criteria and the school siting process. Policy 1.19.8.f Development of school location criteria should be initiated and the location of potential sites for new schools can be determined as early as possible so that sttes can be acquired well in advance of the need for the new schools. Policy 1.19.8.g The Ci_ty and the School Board planners should consider making schools and their location the focal point for new developments. Policy 1.19.8.h The Ci_ty shall advise the School Board of all Plan amendments that may affect the location of new schools and proposed improvements. Policy 1.19.8.i. During pre-development program planning and site selection activities, the City, as service provider, will corrdinate with the Palm Beach County Public libraries, parks, and other facilitie~ with public schools, where compatible, and the votential exists to create logical focal points for commumty acttwnes. Early review and coordination will be modified as necessary to timely consider these potentials. In conjunction with co-locatiomil facilities. efforts shall be made to provide access for bicyclists, t)edestrians and transit riders from collectors rather than arterial roadways. Co-located facilities that are situated along arterials should have on-site amenities to be serviced by mass transit or community shuttle services. Intergovernmental Coordination Element Objective 8.7 Through IPARC the Palm Beach Coun _fy Intergovernmental Coordination Program, the City shall coordinate {efforts with the Town of Ocean Ridge, as well as other adjacent ~oastal communities, that enables the exchange of ideas and plans, and provides the arena for resolution of conflicts that concern two or more municipalities. Issues to be addressed should include land use, water and seWer service, water quality, hurricane preparedness, beach access, etc. Policy 8.7.2 The City shall, continue to provide/coordinate utility service to the Town of Ocean Ridge via the on-going agreeml ent with regard to water and sewer hook-up. Policy 8.7.3 The City shall continue to establish procedures to maintain and monitor existing interlocal agreements for provisions of water.and sewer service with adjacent municipalities and unincorporatea area. Policy 8.7.4 Objective 8.10 Policy 8.10.4 The City shall consider utilizing the Palm Beach Countywide Planning Council's or the Regional Planning Cou lc'fl's Informal Mediation Process if future coordination between municipalities does not resolve pemnem issues th: scope of the two entities· The Ci_ty of Boynton Beach shall coordinate with Beach County_ Intergovernmental Coordination Pr6 in notifvine adjacent municipalities of Drovosed land use amendments, iiezonings, and annexations ~hat ma,,4 affect adioinine_ _ municivalities._ -. The City shall continue coordinatin~ with Palm Beach County regarding the prevention of enclaves, pockets, or Other undesirable land configurations adjacent to. or in ~he proximi _ty the DTqo are within the Palm Beach · ram (IPARC~ to. corporate limits, prior to annexation of any parcels into the city_ Policy 8.10.5 Policy 8.10.6 The Ci_ty shall continue to promote annexation of ] and where service delivery_ systems in the Utility_ Service Are ~ (Reserve Annexation Area) will be consistent with the boun laries of the corporate limits, The City shall pursue interlocal affreements with ] )cal governmental municipalities that have identified ol adopted future land use designations for adjacent unincoroorated,areas.,_.These aereements ~ould establish-"joint plannin~ areas' (JPA s) pursuant to Chapter 163.3171. F.S. Policy 8.10.7 but are not limited to, the following: / · Cooperative planning and review of land development activities withi covered by the agreement: · Specification of service delivery: · Funding and cost-sharing issues within JPA's; and · Enforcement/implementation The City shall encourage joint planning agreements that include. areas Policy 8.10.8 To discourage urban sprawl, the City shall continue its present annexation policy of allowing controlled growth in a manner which discourages conflict with adjacent uses ensuring ~hat the proper infrastructure is in place or concurrent with development. ObJective 8.11 By 199!, The City shall participate in inter,overnmental coordination nrocesses with the Treasure Coast Regional Planning Council and all other local uovernment~ in a voluntarv.disnute resolutoin nrocess for the nurnose of facilitating iniergovernmenta~ coordination.-Th~ IPARC process is established pursuant to the Comprehensive Plan Amendment Coordinated Review Interlocal Aereement. effective October 1, 1993, and shall include results and any written determination from the IPARC Process as data and analvsis to DCA ~Sth proposed and ad.o. nted. Co.mnrehensive and to afi~rcss area ::Sde ]and u:e nee~s anti ."astL~cat.~en fer Policy 8.11.1 Policy 8.11.2 Policy 8.11.-~3 Policy 8.11 The City shall nartici¢ate inthe Palm Beach County IPARC Process'and shill coordinate with the Treasure C~st Reeional Planning Council and all other local eovernments in a vdluntarv dispute resolution process for the pu~ose of facilitating intergovernmental coordinatiom The IPARC process is established ~ursuant to the Comprehensive Plan Amendment Coordinatec~ Reviewlnterlocal Aereement. effecti~ce October 1. 1993..and shall in~lude reSUlts an~d.anv written determination from the IPARC Process as data and analysis to DCA with nro~osed and ado¢ted Comprehensive Plan amcmdments. Ey !99!, Throt,gh IPARC, the City shall nofigy a governments and the County of land use conflicts adjacent land uses. In addition, it should be deter the comprehensive plans of the two entities addr~ Where the interjurisdictional conflict has caused a nuisance, the property owners directly involved in to, the conflict will be notified that the conflict is by both entities. Jjacent local generated by nined whether s the conflicts. )ublic and adjacent xing addressed o,~.;.-...~ m.,,;.,~, r' ..... ;~ [PARC as the The City shall use the .,~_.= e~ties-to mitigate land use conflicts that directly affect posible Comurehensive Plan amendments. The mitigation strategies coulci consist of jointly adopted future land use plan for the bordering land uses, or at a mimmum, and if appropriate, the buffering of the incompatible uses~. Inh~ the interin~, the City shall oppose requests for changes in l~a~_,d_ use in unincorporated Palm Beach County that are i~ the City s Reserve ~nnexafion Area and not consistent with the adopted Boynton Beach or Palm Beach County Comprehensive Plan. The Ci_ty shall participate in the efforts of Palm Beach County and the Treasure Coast Planning Council to monitor and coordinate annexation plans of the County_' 's municipalities. XI-LEGAL ITEM B.1 ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH~ FLORIDA ADOPTING AMENDMENTS TO ITS COMPREHENSIVE =LAN BASED ON NEW CHANGEJS IN THE GR(tWTH ~IANAGEMENT LAW, CHAPTER 1-63 FL(: RIDA TATUES, TO REVisE AND UPDATE THE EXI.c OBJECTIVES, POLICIES, ~DATA AND ANALYSI THE INTERGOVERNMEN'i' ELEMENT AND THE FUTURE ACCORDANCEWITHTHE MA CHAPTER 163~,, FLOBIDA S F~R A 'TRANSMITTAL ~F£ P,LANN1NG AGENCY; PROVE AL COORDIN, .AND_ US,E ELEME ~[DATES' SET FOR gATUTES; PROV 'T~,E. STATE lING '-FOR~.CONFL CTIVE DATE. TING ~ OF TION ~IT IN 'HIN }lNG _AND ICTS, has mandated that vide thorough and and as mandated that Plan regarding II municipalities draft and adopt Comprehensive Plans to pr~ ;onsistent planning With regard t0:la~ndwithin their corpmate,limit WHEREAS, the State Legislature ;of the state of ,Florida ill municipalities draft revisions to their Comprehensiw Intergovernmental Coordination and School iting issues; and WHEREAS, the State Legislature.of le State of Florida has mandated that ill municipalities must adopt such revisions bY October 1, 1999, and December 31, 1999; and WHEREAS, all amendments to the Comprehensive Plan must be adopted ~n accordance with detailed procedures which r~ust be stdctly,follov~ed;- and WHEREAS, the City of Boynton Beach_ has held al dIdu y requ red. pub c hearings prior to submission of these amendments to the plan to the State Department of Community Affairs in accordance with Chapter 1~3, Florida Statutes; and WHEREAS, the City Commission des~ires to adopt the revision amendments .onsistent with its current Comprehensive Plan to guide andl control the future :levelopment of the City, and to preserve, promote and protect the public's health, safety, and welfare; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF ]'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby adopts the Future Land Use and Intergovernmental Coordination amendments to its Comprehensve Plan which amendments s Exhlt~ t~.A,, and made a file in the Office (5) copies of ~g Council, and to within ;,i,n' ;-a~(~e,,!~¢~ce?.~¢h,.;~SectiOn 163.3184(7), ~ AIt.~!aws and,..ordinances,applying'to the City of Boynton Beach in conflict with any-provisions of"tthis ordinance ,are hereby repealed, - Section.4. Should anysection or provision of thisOrdinance or any portion thereof be declared by a courl of competent juriSdiction to be invalid, such decision shall not affect~the remainder of ~this Ordinance. Section'5. The effectivedate~of thisPlan Amendment shall be the date a inal order of compliance is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statu[es, whichever occurs eadier. No development orders, development permits, or land use, dependent on this amendment may be issued or commence before it has become effective, If a final order on noncompliance-is issued by the Administration Commission, this amendment may nevertheless be effective by adoption of a resolution affirming its effective status, a copy of which resolution shall :be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Boulevard, Tallahassee, Florida 32399-2100. FIRST READING this day of January, 2000. SECOND, FINAL READING AND PASSAGE this day of January, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vic~ 'Mayor Mayor Pro Tern Commissioner Commissioner ATTEST: 3ity Clerk EXHIBIT "A" FLrrLrRE LAND USE ELEMENT -~ ..... , ~/10, The City shall evaluate and allOw a range of Policy 1.19.8 Policy 1.19.8.a Institafional land use category, At a,minimm.,~the:~threshold acreage for new schools shall be as follows: a) Elementary Schools: A minimum of four ¢4~ acres for the first two hundred t200~ students plus one/D acre for each additional one hundred il00) students. Middle Schools/Junior High Schools: A minimum of six (6) acres for the first three hundred 1300'~ students plus one il) acre for each additionitl fifty (50) students uu to one hundred (100) students. Senior High Schools: A minimum of seven (7] acres for the first three hundred (300~ students plus one il) acre for each additional fifty_ (~0) StUdent~ up to one thousand (1.000). students, plus one (B acre for each additional one hundred students ttfereafter. d~ Area Vocational-Techrlical School: A minirfR~a of twenty_ (20) acres for the first five hundred (500) students plus one (D acre for each additional fifty (50) students up to one thousand (1.000) students. e) Communi _fy College: A tuain campus site shall be a minimum of one hundred (100,~ actesl. Each separate center site ghall contain a minimum of fort~ (40~ acres .for the first fi e hundred (500~ students plus tw~ .¢2~ ac~es for each additional one h{mdred l l00~ students, soecial-~uroose~center site acreage shall ge am)rooriate to contain the functions identi~fied in the oro~ram. Policy 1.19.8.b Upon issuance of a development order for anew school, the necessary, public facilities such as. but not limited to. sanitary the anql the school sitin~ vrocess. Policy 1.19.8.f Policy 1.19.8.h The. Circe ahall :adxrise ~ School Board of all Plan amendments thai; ma.w affect.~the tocation of new schools and prooosed ir~Pr0vements.. Policy 1.19.8.i. D~fib~.~re-develooment oroeram nlannine and site selection - acti~e~, the'Ci/V~ as'se~vic~ oro,~ider, w]tl corrdi~ate with the Palm:Beach County_ Public libraries, parks, and otl~er facilities Objective with public schools~ where compatible, and the potential exists to create logical focal points for community activities. Earn review coastal with the and and Policy 8.7.2 Policy 8.7.3 Policy 8.7.4 Objective 8.10 Policy 8.10.4 service [o maintain and monitor that are within the igatl coordinate with the Palm Beach o~dLri~iiSn Pro~ram (IPARC~ i'~'/~Oi~$~¢d land use ~anne[at[pns ,that may affect The Cit~ shall~ cO.hue c~d~;di~atin~:!~:ith:¢~!palm Beach County re~ardt~,the~m~v~ii{ion i~oekots, or other unne~at~IC,ialtac, onnml[~,n~.:ama, eenr*to, or ~n me nroxtmtrv Policy 8.10.5 to. corn_ orate limits, prior to annexation of any parcels into the City_. The City shall continue to promote annexation of land where service delivery systems in the Utility_ Service Area ~Reserve Annexation Area) will be consistent with the boundaries of the corn_ orate limits. Policy 8.10.6 local Policy 8.10.7 · Enforcement/implementation Policy8.10.8 TO diS%u, rage urban sprawl the City shall continue its vresent anneXati°n Pla[icy of allowing controlled growth in a manner which ai~c~hd~S: ~0nfliet with' adjacent uses ensuring that the proper infrasn-ucture is in data and Policy 8.11.2 Policy 8.11 Policy 8.11 Where the interjuriidictioaal conflic~ has cau~s~d a public nmsance the property o~ners dlrec~y~ ~x(~!y~dm, anda/tjacent to, the-~onfl~ct will be notilsed ~at tie, e~o~;~ !9 being ~addressed by both entities. ~ ...... ., ~ shall gies the · appropriate, the the City tn umncorporated t or Palm [] November 1~, t999 [] December7. 1999 [] December21, 1999 [] Jallu~ry 4, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Gitv Clerk's Office N. ovember 3~ 1999 (5:00 p.m.) November 17. 1999 ~5:00p.m.) December 8. 1999 (5:00 :p,tn.) December 22, }999 (&00 p.m.~ Re~luested City Conmmsston Meeting Dates [] January. 18. 2000 [] February 1, 2000 February 1.5, 2000 [] March 7.200n. XI-LEGAL ITEM C.1 Date Final Form Must be Turned in to City Clerk's Office lanuary 5. 2000 (5:00 pm.l January I9, 2000 (5:00 pmo February 2, 2000 (5:00 a.m.) February 16. 2000(5:00 p.m.) NATURE OF AGENDA ri'EM [] Administrative [] Development Plans [] Consent Agenda [] New ~usiness [] Public:Hearing [] Legal. [] Bids [] Unfinished Business [] Announcemem [] Presentation RECOMM]ENDATION:. . Motion to approve resolution: instituting $200 per hour fine for late arriving funerals. _ga~x~.~ .T~. O.N. This .fee was reco..n~n, ended b~- the Cemetery Board on November 9 based on funeral directors aunermg to mew set arnval times. This has re~lted in funerals interfering with subseqm nt funerals and keepingn°t employees working overtime. PROGRAM IMPACT: City's overtime will be paid by parties responsible for delaying ti FISCAL I1VIPACT: See above. ALTERNAT/VES: Continuecharging flat fee without consequence to late arriving funer: COSt. Department Head's Signature Department Name S:kBULLETINWORMS\AGENDA ITEM R~QUEST FORM.DOC City Attorney / Fi_nan workers. Is and city absorbs extgls. Signature '/~uman Resources RESOLUTION NO. R 00- A RESOLUTION OF THE CITY COMMISSION OF THE C1TY OF BOYNTON BEACH, FLOR/DA provides that the City commission shall;~fr°m 'time to time, by ResolUtion, proviae for the sale of cemetery lots, fix the price to be charged therefor, and the terms and conditions of such sales, and shall fix the schedule of fees to be charged for~ permits, buria s, openings and closings, and other services; and WHEREA~, there have been several occasions when funeral arrival times were delayed through no fault of the City, which resulted in the City making/- overtime payments to City staff; and WHEREA~, to offset the expenditure of overtime payments due to a delay Whiqh is not caused by the City, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City to pass through the cost, by establishing a fee of S200.00 per hour for each hour or part thereof of delay from the scheduled ardval time of the funeral, if delay is greater than one hour. NOW~ THEREFOREw BE Z'I' RESOLVED BY THE CZTY COf41flISSI'ON OF THE CZTY OF BOYNT. ON BEACH, FLORZDA THAT: ~Section 1. Each Whereas clause set forth above is hereby ratified as being true and correct and incorporated herein by this reference; Section 2. The City Commission of the City of Boynton Beach, Florida, hereby establishes a fee in the amount of $200.00 per hour for each hour or part thereof of delay from the scheduled arrival time of the funeral, if delay is greater than one hour. Section 3.. This Resolution shall take effect February 1, 2000. PASSED AND ADOPTED this day of January, 2000. C~-Y OF BOYNTON BEACH~ FLORIDA Mayor ~/ice Mayor ~layor Pro Tern Commissioner Commissioner City Clerk s:ca\Reso\Cemetery Fee - F~ne/Penaity MEETZNG MZNUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA NovEMBER 9~ 1999 B. C~HARGES FOR LATE ARR./lNG FUNERALS (Tabled) Mr. Nyqu st moved [o remove this item from the tabte. Mr. Henstey seconaea me motion that carried unanimO~l:Y ' ~:' ' Th~_~embers: ask~e,d~Mr. Aniki if there' ha~e been occasions of late arrivals since this issue was discussed tas~ month Mr. Aniki responded that there Were no lam arrivals ~a~ month, and there have been no/ate arrivals to date ~is month; · ' in a enal~ in the event the issue surfaces again. She . ~d e~ recommended ?n~tut g ~ mmended a charge of $[00 for the fir~ Ms a~ .~.~ the ~enalW be ba~d on time and reco sugge~ u,~ ~ . hour. Discussion ensued regarding whe~er or not other cemeteries have insti~te~ ~his W~ of '.Im ~a~ Hemorial do~ not have ~nalW charges, but · ~ ,~- H~ns V pointed eu~that..Pa ~ ~ ~ - ~ ~e board members are - pertain, m, .......ley _ "'; '' ~' s a~ng a~er ~.uu w.,,,. , , - - · - '-~ of ~200 per hour f0¢ ~nera . , ...... m,v a~r~ ~at ~f a wolat~on tnere s d ~ · . . rea nuw=w,, .... , = agre~ ~ sinca~e ove~[m~c~u --. L .... ,a ~, m~ ~ame ~e~day includ~g S200 if the ~ne~l is one (~) hour ~ate. i nts tee wuu,~ ...... weekenas and holidays. Mr. Hensley moved that a $200 per hour fine i3e instituted evewda¥ from the arrival time that was given if greater than an hour. Mr. Nyquist seconded the motion that carded unanimously'. Wildner questioned whether the funeral directors would be notified that the board is the When Mr. instituting this policy, Secretary Kruse advised that this issue would' first have to go before City Commission for approval of an Ordinance. C. - s_ -' - -. _ o --"---- ---' -- SecretarY Kruse announced' that she included this item on the agenda because there had been a disCUss on in this regard during the board members' visit to the Cemetery and she did not recall further discussion or direction during the last meeting. When Ms. Padgett said she thought Ms. Hall was going to take care of the landsCaping, iris. Hall advised that everything came to a standstill because of Hurricane irene. Facilities Management is working on getting three prices for the sidewalk addition include the Chattahochee. Streets will do the asphalt addition. On Monda¥~ Ns. Hall will go to Homestead to look at the Fox'tail Palms. Because of the floods from HurriCane irene, some of the nurseries are under quarantine 6 Requested City Commission Meeting Dates [] Novemb~ 16. 1999 [] December 7. 1999 [] December2I_ 1999 ] January 4. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Fotm Must be Turned in to Ciw Clerk's Office November3. I999 (5:00 p.m.) November 17. 1999 (5:00 p.m.) December 8. I999 (5:00 p.m.) December 22. 1999 5:00 p.m,) Requested City Commission Meeting Dates [] January 18,2000 [] February 1,2000 ] February 15, 2000 [] March 7. 2000 XI-LEGAL ITEM D.l.a Date Final Form Must be Turned in to Cit~ Clerk's Office Sanuary 5, 2000 (5:00 p.m. January 19, 2000 ~5:00 p.m February 2, 2000 (5:00 p.m.) Febraary 16, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Admimstrative [] Consent Agenda [] Public Hearing [] Bids RECOMMENDATION: The Code Compliance Board recommends reducing the fine in Ca: $8.350.00 plus $634.12 in administrative costs, to $634.12. The vote was 6-1. EXPLANATION: The property subject to the lien is located at 2015 S. Federal Highway, an by Arby's Restaurant. The motion to reduce the lien to administrative costs was based prim: whether or not proper notification was given to the property owners. An error in addressi~ the certifie~d letter requesting the owners to appear before the Board resulted in the letter b, proceeded to physically post the property as required by Florida Statute. The property ow~ considerable amount of money in restoring the property to the standards required by City O [] Development Plans [] New .Business '[5~ Legal [] Unfmishe~ Business [] Presentatk ~98=2166, from I was formerly occupied rily on thc question of the envelope containing ~g returned. Staff then r also expended a 'dinance. PROGRAM IMPACT: The property is in compliance and hopefully will be leased ~o a new t FISCAL IMPACT: Administrative cost~ are recovered. ALTERNATIVES: Modify the Code Compliance Board's recommendation not to exceed $8, in administrative costs. Dep~fft Head's~ Signature - '/CityM~na~er: City Attorney / F~nance / ~O~ c~~'~ Department Name 50.00 plus the $634.12 ;ignamre S:~BULLETEq~ORMSkAGENDA ITEM REQUEST FORM.DOC MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NOVEMBER 17. 1999~ ~- Motion Mr. Lambert moved-that Case No.-99~1571 be tabled until-the Code Compliance Board Meeting to be held, on January 19 2~000. Motion seconded by Mr Rossi Motion carriea 7-0. RECESS AT 9:00 P.M. THE,ME~,NG RECONVENEDAT 9:!~0 A.M. C, LIEN REDUCTIONS Case ~98.3095 Christopher & Pamela Slunt 3350 E. Atlantic Drive Mr. Blasie asked if anyone were present and there was no re§ponse. Mr. Blasie requested that the case be tabled until next month's meeting. Motion Mr. Foot moved that Case ¢¢98-3095 be tabled until the Code Compliance Board Meeting to be held on December 15, 1999. Motion seconded by Mr. Lambert. Motion carded 7-0. Case f~98-2166 F.FCA/IIP 1989 Property C,o.. 20t5 S. Federal Highway Financial Center c/o Arby s 44 Scottsdale, AZ 85225 Mr. Blasie stated the applicant is present this evening and the property is now in compliance. The total fine is $8,350 plus administrative costs of $634.12. Mr. Blasie presented photographs presented before and after photographs of the property. Mr. Bill Layton stated he was an Attorney and his address is 101 North J. Street, Lake Wort.h,, Flonda. Attorney Layton said that the notice of non-compliance ,.vas returned to the City because of insufficient address. Mr, Layton said that the only address ~n the City's records was Scottsdale. Adzona and that was insufficient. Mr, Layton said that his clients found out therewerecode violations when they hired a realtor to sell the property. Mr. LaYton said:~i~~ Clients have spent between $22,000 to 24,000 bringing the property into total compliance- Mr. Layton said his client's 'POsition is that as soon as they knew there was a problem, they spent the money to fix it up and before that, they had no idea that there was a problem. Although there was a notice posted at the property, my client is in Arizona. 24 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLOR DA NOVEMBER 17, 1999 Cha'rman DeL'so asked f Ar~y's's st' the owner and the Attorne re 'ed ' , ~_. , _· , . .. y p . thatArbys was not the owner, but a company named FFCPA, from whom Arby's w~s leasing. Chairman DeLJso asked if the City has the return rece pt on this case. Mr Btasie stated the letter-Was 'retUrned and the City made serVice by posting. Als0; Mr. Blasie confirmed that the not Ce of headng did not have the street address Attorney [gwe statedtbat posting, is,,an alternative means .of no,ce, I usingthis! s~ub~ti~ute ~pe of no,ce .suCh as Posting, in certain iihS someone ~esid~s on' the prspe~ and i'§ evading serVise b~ runt~ing ~ when someone is located so far away, technically posting is a form of City can.ctb~im jurisdiction, However, it isup to th~ Board to determine ti Mr. )ut the iment of ~nces is when way. However, service and the lis. is in the the The Mr., I. it is know var of business? he city and owner not for the City [ send ; spirit ,of the it v Motion advised in ,~ of this ~Board's been o~h Mr. 1998 25 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA NO'CEMBER 'i7, 1999 be reduced Chair Hammer: Mr. Foot MotiOn ~ and assessing a fine in the amoUnt of $4,500. The realtor for the' and :stated ~thaf the,,COdS,,Enfomement told Mr. Blasie stated the property viol ThE and was ,1998 for r 'was 15 his The Mr. ver~ 26 HARVEY, WADDELL & MONAHAN WILLIAM M. LAYTON Atto heys and Counselors at Law P. O l~ox 2,.31 !01 Hol'~ %1# T*I .(lis I ) 1i5.~3 I F~ ~561} 585-1~i7 ~ub ~ Worth $OgRPI4 M, ~ r~. ESQ. ~ 127 Tcl.(~l } F~(56~) 9~-2080 December 21. 1999 A=~s~t~on: J~net City of Boynton Beach AttenTion: Gerald Broening, Mayor 2015 ~outh Federal Highway ~ien Reduction Hearin~ Dear Please accept thim lette= as a request ~or po~tponemen= of the hearin~ o~ ~his T~==sr which i~ schedu~e~ for ~,0d p.m. this evening. I understand this matter will be reset for the hearing on January 4, 2000, at 7:00 p.m. Thank you for your assistance in this matter. WML:fgm Very zruly yours, william M. Layton Requested City Cormaftssion Meeting Dates [] November 16, [999 [] December 7, 1999 [] December 21, 1999 [] January 4. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit,/Clerk's Office November 3.1999 (5:00 p.m.) November 17. I999 (5:0G p.m.) December 8. 1999 (5:00 p.m.) December 22. 1999 (5:0t3 p.r~) Requested City Commlsmon Meeting Dates [] January 18,2000 [] February 1, 2000 [] February 15, 2000 [] MarehT, 2000 XI-LEGAL ITEM D.l.b Date Final Form Must be Turned in to CiW Clerk's Office January 5, 2000 (5:00 p.m.) ! Jail~ary 19, 2000 (5:00 p.m.) February 2, 2000 (5:00 p.m3 February I6, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adraknislrative [] Developm. ent Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmishc~ Business [] Announcement [] Presentatibn RECOM34ENDATION: The Code Compliance Board recommends reducing the fine in Case #96-5939 from $24,325.00 plus $730.15 in administrative costs, to $2,000.00. The vote was 5-2. EXPLANATION: This is the one of two liens_ on this property. This is a single-family rental property located at 2280 NW 2"d. Street. The applicant for reduction stated he was before the board because our lien~.were impeding the sale of his house in Boca Raton. According to the applicant, he had deeded the property in Boy, ton back to the bank in lieu of foreclosure. XVhen the bankdiscovered Boynton Beach had two liens on the properS, they did not record the deed. The applicant .claims he did not know about the liens, nor did he realize the bank did not record the deed. The Board's decision to significantly reduce the lien was based on the following three factors: 1) The applicant testified he could not afford to pay any tines. 2) The $100.00 a day t'me was excessive for the gravity of the violation. 3) The Board felt it would beto the City s advantage to reduce the lien because the property will undoubtedly revert back te the bank via foreclosure with the likelihood of our liens being extinguished. PROGRAM IMPACT: The property ~s in compliance. FISCAL IMPACT: Administrative costs are recovered, plus an additional $1,269.85. aA~d Tnr.EniRNATstr afiJeV~c oSs: .~/Mmtil3Fffi'g'E}de C°mpliance B°ard' s ree°mme~., ndati°n n°~t t° ext~ceed $2~,325'00 plus $730'15 in Department Name City Attorney / Finance Human Resources S:\BULLETIN~FOILMS~AGENDA ITEM REQUEST FORM.DOC MINUTES C~DE COMPLIANCE BOARD B0'~NTON BEACH, FLORIDA 15,1999 LIEN REDUCTIONS Case #96-5939 Robert & Sheryl Meika 2280 NW2"d Street 450 NE l0th Street BocaRaton, FL 33430 Mr. Blasie stated this applicant has two ien reductions and th s s the first case. This case was cted in 1996 and'there i,s a 1998 case. Each case had a d fferent ir~sPecter~"bU~basica y the ~i0latier~s v~_ere the ~a.~ei: Mr. Lambert asked why there Would be twO'cases? Mr. Blasie said a different inspeCtOr sited the property in 1998 and staff did not realize that there already was a lien onthe property. Mr. Blasie sale the property was originally cited on December 31 1996 for violations ofth~ citYs Appearance Code and came before the Board on Mamh 19, 1997 and no one appeared. A compliance date of April 15 1997 was set or be fined $25.00 per da~/: The property complied today. ~here were 973 days of n°n-compii~nce; whiCh comes to ~24,325.00, plus administrative costs of $730; 15. Mr. Bias e presented three pictures taken on r October 21, 1998 and two pictures: that were taken today to the Board for their review. Chairman DeLiso inquired if the respondent has always been the owner. Of the ~ properly was cited Mr. m and and was r~ / 50;evict the tenant. ;pt and kept breaking out the .try to keep,the property Mr. Meka said he deeded the Rmperty back !o the bank, but the bank never recorded the deed bec,~use ~ie ~i~n~d an ~d~i{ When he d~eded the property back to the? bank stating that ther~e~/ere noel ens gnthe pr~operty. M~, Melka said that at that time,', he ,did not I~n(~w..there~ W~e~-e any liens on t~e property. Therefore, because th~ bank'never~recbrded th:e deed the property is st n h s name, The~ bank 'w' ~fObab y go'.. tll~rou,gh~ _ a.~fo~e.c!°su., . re .wh. ~:h~ w wpe. out the lien. Mr. Melka said he has a buyer for his house in Boca Raton and had a closing set for this corn ng ,Monday, but because of the lien 0n-the Boynton Beach property, 5 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 he is unable to se h s house n Boca Raton and the deal fell thrpugh. He said that he moved Out of his house and rented a small place because he thought his house was sold and he said he is really in a jam. Mr. Melka said that he has now brought the property into compliance. Chairman DeLiso inquired about the condition of the screens and said that the tenants kept tearing the screens, so he removed all Chairman DeLiso asked if he was plann ng to put screen ng n? the property would be foreclosed upon. Chairman DeL so asked why heWa~ present tonight.and he said h~ was here for a lien rE he could seiki his house i'n Boca Raton Mr Meika sa d that he insUranCe until the lien is satisfied and he is going to ose the buyE Mr. Foot asked how much of a reduction is the respondent oo replied as .much as possible. Mr. Lambert said he was under the impression that the lien w~ property. Mr. Blasie stated that the lien goes against the proper[! property the respondent owns in Palm Beach County. Mr. applicable provision in the Code. Mr. Lambert noted that the property had been cited three yea~ respondent stated that the tenant parked his van on the grass. that for a couple hundred dollars for sod, there s now a $24,(: property. Mr. Melka said the sod cost h~m approximately $500. this past year he has been totally broke and could not even el because he couldn't afford the eviction costs. Chairman DeLiso sa~d that a lien of $24,000 for a front yard is ~ Chairman DeLiso noted that the fine was $100.00 per day Af the respondent the screening. Mr. Melka said lhe respondent duction so that ~nnot get title :lng for and he !nt against the and any other asie cited the s ago and the Ir. Lamber[ felt 00 lien on the Mr. Melka said ict the tenants i lot of money. er reading the minutes of that meeting, it was d scovered that the Board votec~ to amend the fine to $100 per day and the motion Carried unanimously. Mr. BIlasie sad they were not able to get the fine certification minutes becaus~ the ca~e was just put on the agenda this aftemoon. :However, Mr. Bias e sa d that the ~arrative would be indicative that the certification, was $~00 Der day. The narrative indicates that the fine was certified on June 18, 1997 at $100 per day. Mr. Melka said he was not aware that he had owned the property, for the past six months. Mr. Blasie said that he had the recorded certification an.~ confirmed the fine was $100 per day. Mr. Lambert quest oned if the respondent i:~ fact still owns the property Ass stant City Attorney Bober said he could not determine th s unless I~e h~d all the documents to Io(~k at. However, regardless of who owns the property, the Board could still act on whether to reduce the lien. 6 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH,, FLORIDA. Chairman~DeLiso noted that in effect, the lien redUction was-for the property. B0ca~Raton; since the Boynton propertY was going tobe foreclos, ed dpon. ~ Motion in Based, on the -testimony and evidence presented in Case NO. 96-5939, and having been advised that 'the Respondent has' complied With all lien reduction procb~ures set'forth~ in SeCtions 2-84 through 2-89'0f the City: of Boyhton~ Beach C0de ~3f-'OrdinanCes, Mr. ':F0ot moved that th{S BOard r~ommend to:-t~e),:t City ~d~ ~f~Mamh~ :i,9~.'l:9~7~e,::red~ced~ to~ a~a~ihi~t~a~v~ C~tS of,$~3~e~-~:~?' ~MOt~0n Mr. Lambert felt the fine was too'low for'.three years. Mr. Foot said that this man ), and this Board-has~been compassionate in the past!-NOW, the no and this man is not worthy of compassion. Mr. Lambert we have seen the respondent and the ) said.he could not on reducing the fine. but not as Iow as might not be able to vote on this: vlr. Foot said he asked= for the running :the Mr. :'Foet Chairman DeLiso called for a vote on the question. Mr. Walsh asked ifthis Board does the respondent I 'advantage be losers all the way ~ relief tothe respondent and he the Boynton Beach property. If a foreclosure, his lien Mr. Walsh said that if the the Board should take otherwise, the City could Attorney Atto~ the question and of the vote. Chai uested that vote was 4-3 for del Rossi and Chairman DeLisO dissenfin(. Secretary call the roll. The (Messrs. Lambert, Miriani, MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Chairman DeLiso said he was not against reducing the fine, but he would like a higher fine. Mr. Lambert pointed out that this Board only makes recommendations to the City Commission and the fina dec sioq rests with the Commission. Ms. Hammer questioned how the City could get any money from the respondent who says he has nothing and Ms. Hammer believes him Mr. Foot asked if the deficiency on the Boynton property goes against the Boca property? Mr. Foot wanted to know if the bank foreclosed on the Boynton Beach property, would the balance of the lien go to the Boca property. Attorney Bober stated the mortgage would take precedence and would be a supenor encumbrance on the property and it is theoretically possible that all or a portion of the citY's lien coul(~ be wil~ed out by any foreclosUre. Attorney Bober stated if Mr. Melka's property in Boca is foreclosed upon, the City would be named as a defendant in that foreclosure because the City of Boynton Beach would have an interest by virtue of the fact that the City had a lien in the same county. / Mr. Foot said there is a motion on the floor and requested that a~ vote be called for the motion. If someone on the Board has any Other figure in mind Mr. Foot said he would amend his motion in order to mo~,e on Mr. Larfibert suggested amending the motion to $2,000 fine. Mr. Foot said he would amend his motion to make the $2,000.00 and Ms. Hammer seconded the amended motion. Ms. Williams said that the respondent has a financial hardship that the City would have anything to gain. This Board shoL compassion and not charge him an astronomical fine for the violation. Ms. Williams said that aroun(~ everyone's home there with dead grass and did not think a fine of $24,000 for three yea~ and his financial situation should be taken into consideration. ine a total of 3d did not think Id show some gravity of the are neighbors was warranted Chairman DeLiso said that the respondent did nothing for three respondent would not have done anything today unless he w'ahted property in Boca. ~ars and felt the to sell his Mr. Lambert requested that a vote on the amended motion be called. Chairman DeLiso called the question on the amended moti(F)n to increase the total fine to $2,000. Motion carried 5-2 (Mr. Miriani and Ms. Williams dissenting.) Case #98-1960 Robert & Cheryl Melka 450 NE 10thStreet Boca Raton, FL 33430 2280 NW 2nd Street 8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI'LEGAL ITEM D.I.c Requested City Commission Date Final Form Must be Turned Meeting Dates inlo City Clerk's Office Requested CRy Commission Meeting Da~s Dare F hal Form Must be Turned kn to city Clerk's 0ffice November 1C 1999 November3, 1999 (5:00p.m.) [] January 18.2000 Jm~um'y 5, 2000 (5:00 p.m.) [] December 7 1999 November 17. I999 (5:00p.m.) [] February 1. 2000 lanuary 19, 2000 (5:00 p.m.) [] Decemb~' 21, ~999 December 8, t999 (5:00 p.m0 [] Februgry 15, 2000 Febt ~ary 2. 2000'(5:00 p.m.) [] January4, 2000 NATURE OF AGENDA ITEM December 22, 1999 (5':00 p.m. [] Administrative [] Consent Agenda [] Public Hearing [] Bids ] Announcement March 7, 2000 Feb ua~y 16, 2000 (5:00p.m.) [] Developu ent Plans [] New Bus'~ess [] Legal [] Unfini~hefl Business [] Presentation RECOMMENDATION: The Code Compliance Board recommends reducing the fine in Case #98-1960 from $11,400.00 plus $634.12 in administrative costs, to $1,000.00. The vote was 5-2. EXPLANATION: This is the one of two liens on this property. This is a single-family renta~ property located at 2280 NW 2ha. Street. The applicant for reduction stated hewas before the board because our liens were impeding the sale of his house in Boca Raton, According to the applicant, he had deeded the property in Boyn Ion back to the bank in lieu of foreclosure. When the bank discovered Boynton Beach had two liens on the propert), they did not record the deed. The applicant claims he didnot know about the Hens, nor did he realize the bank did tot record the deed. The Board's decision to significantly reduce the lien was based on the following three factors: l) The applicant testified he could not afford to pay any fines. The $100.00 a day fine was excessive for the gravity of the violation. 3) The Board felt it would be to the City's advantage to reduce the lien because the proper will undoubtedly revert back to the bank via foreclosure with the likelihood of our liens being extinguished. PROGRAM IMPACT: The property is in compliance. HSCAL IMPACT: Administrative costs are recovered, plus an additional $365.88. AI.TERNAT1VES: Modify the C~de Compliance Board's recommendation not to exceed $1 administrative, cost .~' ,~. / 400.00 plus $634.12 in Signature{ Department Name City Attorney Finance / Human Resources SABULLET1N~ORMS~AGENDA ITEM REQL~EST FORM.DOC ;E BOARD December 15, 1999 Chairman DeLiso Said he was not against reducing the fine. but he would likea higher 'fine. Mr. Lambert pointed out that this Board only make~ recommendations to the City Commission and the final dec sion rests witl~ ~1:~~' Com~i~sS~9n- MS ~a~mer questioned h~ the ~ity ¢ould~get a~y mon, e~ ,t~ ~p~d._~nt who say~h~aS nothing, and Ms;, !Hammer believes him~,:,~? : Mr. Foot,asked if the Boca ch Mr. r~ d~ Mr. Foot sa d th~ere is a motio~ on the floor ~n~l i~bq~ested that a vote be called for the motioti.' ff someone on the Bea!~d ~a,~ a~!~b~her ~gure n m~nd M~ ~qot sa~d he would arnend ~s motion. I~ ,crater :t~me~,e on. ' Mr. Lambert suggested amending the motion t0"$2,000 fi,nel -: ' Mr. Foot said he would amend to fine a total of $2 Ms. Williams said that the responden¢ has a financia, l, ]ard~ship and did not think that the City would have ~a~yth'ing to' 'gaiP. ,,ThiS:i':E da~'d ~ould show' ~ome compassion and not, charg~i- ~ii~ ~n~ aStro~omiCa!i; ~i qe,,. for the i gravity of the violation.; Ms. WillJa,ms sai~ ~tfiat ',ar°8ndi eve~o~e'~ ! eme there ~are n~ighbors w~th dead grass and d~d not-th nka fine of $24,000 f¢~ hree years was war~'anted and his financial' Situation shodld be;~ken in(O conSi~ atBn. Chairman DeLiso said that the;respoddent did aothi~g for thre~ years and felt the respondent wou d not h'ave don~ ~nlY;th,ng';~ted~y;~ess he,~anted to Sei,hs property in Boca. Mr. Lambert requested that a vote on the amended motion be called. Chairman DeLiso called the qUestiOn on the amended motion to increase the total fine to $2,000. dissenting.) Case ¢~98-1960 Robert ~ Cheryl Melka 450 NE ~i0thStreet Boca Raton, FL 33430 2280 NW 2nd Street 8 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Mr. Blasie said this is the same property address with the same property owner. The property was cited for the screen enclosures and trash anU debris in the back yard. Mr. Blasie stated the property complied today for a total fine of $11,400 plus administrative costs of $634.12. Motion Based on the testimony and evidence presented in Case N~ having been advised that the Respondent has complied with; procedures set forth in Sections 2-84 through 2-89 of the City o Code of Ordinances, Mr. Lambert moved that this Board recomr Commission that the fine instituted in Case No. 98-960, by virtue Order of August 19, 1998 be reduced to $1,000.00. Motion sE Foot. 98-1960, and I lien reduction Boynton Beach ~end to the City of this Board's ,conded by Mr. Motion carried 5-2 (Mr. Miriani and Ms. Williams dissenting). Mr. Miriani noted that the total fine for both cases is now $3,000 inclusive. Case #98-2776 VA Property Management Secretary of Veterans Affairs P.O. Box 4142 St. Petersburg, FL 33731 134 SE 3rd Avenue Mr. Blasie stated that the property was originally cited on August 23, 1998 for violation of the Community Appearance Code. The case first came before the Board on November 18, 1998 and no one appeared. A compliance date of December 14, 1998 was set or be fined $25.00. The property w~as brought into compliance on December 6, 1999 for 356 days of non-complianc.~, for a total fine of $8,900 plus administrative costs of $730~15. Chairman Blasie distributed photographs to the Board for their review. There was one before p ctura and two after pictures taken on December 15th. .. Mr. REchard Pacely took the podium and stated he represented the Veteran's Administration In Palm Beach County. Mr. Pacely said th~ property was conveyed by foreclosure and presented a copy of the Certificate of Title that was recorded in July 2, 1998. The Veteran's Administration was unaware that they owned the property. Mr. Pacely said that Attorney David Newman notified the VA on December 21, 1998 that they were the successful b dder ~3n the property on July 2, ;1998. The VA had not taken custody of the property arid assigned it to Mr. Pacely on December 21s~ . An eviction took place on December 31, 1998. Mr. Pacely said he was unaware of the code violations until Jane 1999. Mr. Pacely said he spoke with Mr. Blasie and Assistant City Attorney Igwe. 9 Requested City Commms~on Meeting Dates ] November 16. I999 [] DecemberT. 1999 [] December 21,!9~9 [] January 4, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date F:nal Form Mustbe Turned in to City Clerk's Office November 3. 1999 (5:00 p.m.) November 17. 1999 (5:00 p.m.) DecemberS. 1999 (5:00 p.m;) December 22,1999 (5:00 p.m.) Requested Ci[5 Commission Meeting Dates [] Janua~ 18,2000 [] February 1, 2000 x'r,LEGAL ITEM D.l.d Dare Final Form Must be Turned in to City Clerk's Office January 5, 2000 (5:00 p.m.) January~ 19, 2000 (5:00 p.m.) February 2~ 2000 (5:00 p.ra.) / Feb~ua~y~ 16~ 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [-- Administrative [] Develop,merit Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Anaouncemem [] Presentation RECOMMENDATION: The Code Compliance Board recommends reducing the fine in Case g98-2776 from $8,900.00 plus $730.15 in administrative costs to $500.00. The vote was 6-1. EXPLANATION: The applicant for the reduction is Mr. Richard Pasley of South Palm Realty Inc. & the VA Property Management. The Board's decision to reduce the fine was based upon the following criteria: 1) The VA did not know they received the property until six months after the fact. 2) The violations were corrected once they discovered the lien on the property.' 3) The VA works in partnership with the City of Boynton Beach and the Code Compliance Staff. / PROGRAM IMPACT: The property is in compliance and hopefully will be sold to a new owner. FISCAL 134PACT: Administrative costs are recovered, less $230.15 ALTERNATIVES: Modify the Code Compliance Board's recommendation not to exceed $8 administrative costs. City ManOr' }00.00 plus $730.15 in Dcpan:ment Name City Attorney / Finance / Human Resources SABULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC December 15, 1999 Mr. Blasie said tl~i~ is the same preperty address with the same property owne[? The property was cited for the screen enclosures and trash and debris in the back yard. Mr. Blasie ,stated the property complied today for a total fine of $11,,400 p!~Js a.,dminist~a~e,c~°~ts_P~ $634.12 ~, . . Motion [3a~se~ on the testimony and evidence presented in .Case No. 98-1960, and ha~ihg 'been advised that the ResPondent has cgmPlled V~ith all lien reduction pm~res,setlforth ~n Se~S,~4't~oug~2~ the~i~of Bo~n~n Beach '~'~:'O~di~a~ces:, Mr. L~b~ ~ th~'~h~:s~ B~a~f~c~mm~d~ te the C~y com~t~[~that the fine insfi~d~n: c~Se'N~98~60~'~vi~e of ~his:B6~rd'S Order' 0f~AUgu~ 1.9, 1998-be ~du~d t0 $1;Q00~0Q. M~on Seconded byMr. Foot. Motion carried 5-2 (Mr. Miriani and Ms. Williams dissenting). Mr. Miriani notedthat the total fine for both cases is now $3,000 inclusive. Case f~98-2776 VA Property Management Secretary of Veterans Affairs. P.O. Box 4142 st. rpetersburg, FL 33731 134 SE 3rd Avenue Mr. Blasie stated that the property was originally cited on August 23 1998 for violation of the Community Appearance Code. The case first came before the Board on November 18, 1998 and no~ one al~peared. A compliance.,date of December 14, 1998 was set or be fined $25.00. The property was brought~ into compliance on December 6, 1999 for 356' days of non-compliance, for a total fine of $8 900 plus administrative costs of $730. 15. Charman Blase distributed photographs to th'e Board for their review. 'The~e was One before picture and two after pictures taken on December 15th. Mr. RichardPacely took the podium and stated he represented the Veteran's Administration in Palm Beach County. Mr. Pacely said the property was conveyed by foreclosure and presented a copy of the Certificate of Title that was recorded in July 2, 1998. The Veteran's Administration was, unaware that they owned the property. Mr. Pacel~; said that Attorney David NeWman notified the VA on December 21, 1998 that they Were the sUccesSful bidder on the property on Ju y 2, 1998. The VA had not tal~en custody of the proPerty and assigned :it t(~ Mr. Pacely on December 21st . An eviction took place on December 31, 1998. Mr. Pacely said he was unaware of the code violations until June 1999. Mr. Pacely said he spoke with Mr. Blasie and Assistant City Attorney lgwe. 9 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15, 1999 Mr. Pacely said in the past when the VA has come before the CiE of the fine they, would come before the City Commission conditional abatement of the fine. This is where the purchaser a the City that they would bring the property into compliance and did not bring the property into compliance, the City would However, Mr. Pacely said this is no longer done in the City. TI' had to put bids out to get the property into compliance and the pr~ brought into compliance. It cost $5,600 to put on a new roof and the houseand-plant grass. Mr. Pacely said he is respectfull abatement 0fthe fine. He has, been authorized by the ve~;erans pay an-administ~atire fee to, reimburse the Cty for their costs u a~bu,nt of $500. There-is a .buyer ready and willing to take the pr Mr. Foot asked what-..happened to the property once the VA December. Mr. Pacely sai~t!ithe property nas be~n under contra( timeS for sale. The VA did not know there was a lien on the pre they found' out, the .bUyer did not want to wait to get the :problerr Mr. Pacely pointed oUt thatl,the notice of hear ng was mailed t° 4142 in St. Petersburg, Florida and that has not been there addre Mr. Pacely stated that whenever the VA has a compliance prol' rectify it immediately..Mr. Pacely explained how,the bid proces,, Vete~:ans Administration' and why ;[ took so-long to bring th compliance, which is comrnonly 90, days. Chairman DeLiso said the Board, has two choices tonight. 'i7 make the fine astronomically ,high and:the property would rem~ there is a buyer who is willing to take possession: of the property always worked with the City in the past. Mr. Pacely said he is requesting the fine be reduced to administ he is authorized to sign a check up to $500. If the check were for he would have to request a govemment voucher and that would days, Mr. Pacely also pointed out that he cannot pay a fine; administrative costs. Mr. Blasie said he would try to get the lien reduction on the C agenda for their first meeting in January. ¢ for a reduction and request a :knowledged to f the purcnaser reinstitute suit. erefore, the VA )perry has been $3,700 to paint r r~equesting an ,dministration to ,to a maximum )perty. took it over ~n t three different perry and when 'resolved. Also, the VA to P.O. ss since 1998. lem, they try to works with the proper~y into .~ Board could lin vacant. Or, and the VA has 'ative costs and the full amounT, :ake another 90 e can only pay ity Commission Motion Based on the testimony and evidence presented in Case No, 98-2778, and having been advised that the Respondent has complied with all lien reduction procedures set forth in Sections 2-84 through 2-89 of the Boynton Beach Code of Ordinances, Mr. Lambert moved that this Board recommend to the City 10 MEETING MINUTES CODE COMPLIANCE BOARD BOYNTON BEACH, FLORIDA December 15; 1999' ~ Commission that,,the fine instituted in Case No. 98-2776 by virtUe rOf this,Board's Or, der of November 18. 1998 be reduced to adm n strative costs in the amount of :$5(~O~O~O.A'vloti~nlSecOndedby M~' Wiliiams~' : ,~ · :- Li.onel Inspector Lewis, stated thatthe property was cite~l thr. ougt~routlne r~SpeCtion, and service ~was obtained :by postinc~., The City reC°~e~!s 3,9,~ d,ays~ ~ ,: -~ ~' Motion Based on the testimony and evidence presented in Case No: 99-1888, Mr. Lambert moved that th s Board find, as a matte.r, ~f,fact :and as a conclusion of aw that Lagene Ad er & Julme L one are n vi~lation of Code .Sections Chapter 15, Article 1X-15-120 (D), Inc. and 10-52 of t~e B.B,~: of Ordinances Mr, Lambert moved to order that the. Respondents ~rrect ;the ~iotations on :or before January 17 2000. If the Respondentsdo not c~P~]¥.withlthi~'Order, a fine in the amouRt of $25 00 per. d~a,.y shall .be impo~! ',leThe Respondents are further ordered to contact the C~;~y of Boynton: Biea~iC~d~ ,.'COmpliance` Division to arrange for reinspection of the property to VerifY compliance with this order. Motior~ seconded by Vice Chair Hammer.- ~ Motion carried 7-0. Case No. 98.3448: Property Address: Violations: Jean E. and Marie J, Losier 1533 NE 2~ Street .Chapter 15, ~,Article IX-I 5-120 (D), Inc.;Please define and de- weed rock driveway; repair or replace wood fence. Inspector Melillo stated that the property was origina y cited on August 24,. 1999 for Community Appearance Code Violations. The Property was cited through routine inspection and service was made by certified .mail. 11 TO: THRU: FRO I~t: RE: DATE: CITY OF BOYNTON BEACH MEMORANDUM Honorable Mayor and Qb/Commission .lames Chemf, City Attorney Nicholas Igwe, Assistant City Attorney ~-~..~___..~-~ Phase out: of non conforming signs and billboards Friday, December 03, 1999 Xt. LEGAL D. 2 The Cib/through several ordinances codified under Chapter 21 of its Land Development Regulations have provided that all non conforming signs and billboards located within the Qb/limits be removedf changed, or altered to conform to the provision of the signage code by December 31, 1999. Presently, there are several non conforming sings and billboards located within the Qb/ im ts who 'may not be able to meet the December 31, 1999, phase out deadline. Ob/ employees .ha~/e met with Republic Media [nc. operators of three outdoor billboards in the Qb/to discuss options. Republic Media has a 1987 lease agreement with the andowner to operate and maintain the billboards through September 30, 2003. There are additional three Or four non conforming billboards n the Qb/owned by other billboard operators, Based upon discussion with the Interim Qb/Manager, one option !~to enter into lease agreements, permitting the billboards coml~anies to relocate on Ocy owned property along Inter-state 95. :rhis option would require Commission's discussion and direction given that it involves a significant policy issue. CC: Wilfred Hawkins, Intedm City manager M ke Rumpf, Director of Planning Scott Blasie, Code Enforcement Supervisor S:ca/Comm/Signage C.o~e memo to Comm. TO: THRU: FROM: RE: DATE: CZTY OF BOYNTON BEACH MEbtORANDUM Honorable Mayor and City Commission 3ames Cherof, City Attorney ey .t~ t~ Nicholas Igwe, Assistant City Attorn Phase out of non conforming signs and billboards Friday, December 03, 1999 XI. LEGAL D. 2 The City through several ordinances codified under Chapter 21 of its Land Development Regulations have provided that all non conforming signs and billboards located within the Qty limits be removed, Changed, or altered to conform to the provision of the signage code by December 31, :[999. Presently, there are several non conforming sings and billboards located within the City limits who may not be able to meet the December 31, 1999, phase out deadline. City employees have met with Republic Media Inc. operators of three o~ ~tdoor billboards in the City to discuss opUons. Republic Media has a 1987 lease agre~ ment with the landowner to operate and maintain the billboards through Septemt er 30, 2003. There are additional three or four non conforming billboards in the Qb/o~ vned by other billboard operators. Based upon discussion with the Interim Qty Manager, one option i~ to enter into lease agreements, permitting the billboards companies to relocate on Qty owned property along Inter-State 95. This option would require Commission's discussion and direction given that it involves a significant policy issue. CC: Wilfred Hawkins, Interim City manager Mike RumPf, Director of Planning ScattSlasie, Code Enforcement Supervisor S:ca/Comm/Stgnage Code memo to Comm.