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Agenda 05-02-00CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 2501 NE ~ COURT , [r yI A ER Si ICE May 2, 2000 6:30 P.M. OPENINGS: A. Call to Order - Mayor .lerry Broening Invocation - Reverend Dr. Marshall Cook - Boynton Beach Congregational Church C. Pl~dg6 of Allegiance to the Flag led by Vice Mayo¢ Ron Weiland D. IFYOU Wi'SH TO ADDRESS THE COMMISSZON: · FILL OUT THEAPPROPRZATE REQUEST FORM · GZVE Tr TO, THE CxJY CLERK (ON THE DA~S) BEFORE THE "OPENINGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLSYOUR NAME INDZVi'DUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption ADMINISTRATLVE: A. Accept resignation of Dr. Leon Schwartz, Regular Member of the Education Advisory Board Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date I Weiland II Black Mayor Broening III Sherman IV Fisher Children & Youth Advisory Board Alt Children & Youth Advisory Board Alt Children & Youth Advisory Bc~rd Reg Children & Youth Advisory Boarc~ Stu/Reg/Voting Children & Youth Advisory Beard Stu/Reg/NonVot~ng 1 yr term to ~/01 Tabled [3) 1 yr te~m to 4/01 Tabled {3) 2 yr telm to 4/02 Tabled (3) I yr term to 4/01 Tabled (3) 1 yr te~m to 4/01 Table~ (3) AGENDA REGUI.~R CTTY COM M~SSZON II1 IV Fisher II~ Sherman Bldg. Board,Of Adjustrfient 8~Appeals Alt 1 yr term to 4/01 Tabled (3) 'B dg.~B~ra'fd'~ Adj~h~t & A~l~e~ls Alt: ~-~ yr term to 4/01 Tabled (3~ Cemetery Board Reg 3 yr term to 4/03 Tabled (3} III Sherman IV Fisher Mayor Broening ri Black [II Sherman IV Fisher Mayor 'Br°ening [ Weiland Code Cornp an~e 8oa~ .... Alt. Community Relations Board Alt Education Advisory Board Education Advisory Board Education Advisory Board Education Advisor;/Board Education Advisory Board Education Advisory Board Education' ,A. dvi~ory B0brd Eda~a~io, ~dv~ry' B6a~ III Sherman Library Board Reg Reg Reg Ait Stu Stu I yr,te~m, to. 9100 ,'[abled 1 yr term to 9/~1 Tabled (3) 2 yr term to 4/0 ~b!ed (3) 2 yr term ~o ~0 ~bled (3) 1 yr ~to 47~ ~b~ (3) i yr:te~{to ~4/C ~bl~ (3) III Sherman I Weiland II Black III Sherman rReg 3 yr term to 4/01 Tabled (3) Nuisance Abatement Board N~isan~e'Al~atement Board Reg 2 yr term to ~r/02 Tabled(3) Planning & D~elopment Board Recreation & Parks Board Alt Alt 1 yr term tq 4/01 i yr term tq. 4/01 Tabled (3) ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: "First Ever Concert on the Green" - Saturday, May 13, 2000 from 7:00 p~m. to 10:00 p.m. atThe Links at Boynton Beach (Golf Course) m TNT Concert - Friday, May 19, 2000 from 6:00 p.m. to 9:00 p.m. - Oceanfront Park ClP Town Meeting with Commissioner Bruce Black, Distdct [I - Thursday, May 4, 2000 from 6:30 p.m. to 8:30 p.m. - United Way Building in Quantum Park CIP Town Meeting with Mayor Pro Tern Sherman, District III - Thursday, May 11, 2000 from 6:30 p.m. to 8:30 p.m.- Congress Middle School Cafeteria ClP Town Meeting with-Commissioner Charlie Fisher, District IV - Monday, May 15, 2000 from 6:30 p.m. to 8:30 p.m. - Rolling Green School Cafeteria 2 AGENDA REGULAR ~ COMMISSION MAY 2, 2000 C-~P Town Meeting with V ce Mayor Ron Weiland, District I- Wednesday, May 24, 2000 from 6:30 p.m. to'8:30 p.m-, - Bethesda Hospital Clayton Conference Center CIP/CRA Town Meeting with Mayor Gerald Broening - Wednesday, May 31, 2000 from 6:30 p,m, to 8:30 p,m, - Library Program Room B, Presentations: Z. Proclamations: a. "Municipal Clerks Week" - April, 30 - -May 6, 2000 b. "Natienal Safe Boating Week" - May 20 - 26, 2000 2. Presentations; Presentation to members of the Church of Jesus Christ of Latter Day Saints for their participation in the Great American Cleanup on April 22, 2000. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of Apdl 13, 2000 City Commission Workshop Meeting of April. 17, 2000 Regular C ty Commission Meeting of Apr 18, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Award BID #041-2821-00/CID, "PURCHASE OF ONE (1) TRENCHER AND ONE (1) TRA]:LER" to Ditch Witch Trencher, Inc. of Leesburg, Florida, in the amount of $42,210 Approve a purchase from Sensus Technologies, Inc. to UPGRADE THE (5) METER READ]~NG HAND-HELDS TO PERFORM RADIO READS AND THE PURCHASE OF AN AUTO GUN SCANNER in the total amount of $11,737.50 3 AGENDA REGUUkR C/TY COMMI'SS~ON MAY 2~ 2000 Ce Award "CO-DP BULK QUtCKL/ME", BID #049-2821-00/KR, to Chemical Lime ~C0mpany~of Alabama~. !n~,',: in th~ a~0unt of $:~;;09-1~899, 'with an estimated annua-exPenditure of~ $~;~;07 for;the City Of B0ynton Beach Utility Department "~ ~-'' Resolutions: Proposed Resolution No. R00~55 Re: Approving the redu~o~n ~.of,] ~r~ in' the a~ou]i~t, of ~1~.2~f~~e~water: improvements at PJdgewaY: P[urhbfng lOCated eh. Ihd~ial A~enue the at the ~nd Hypoluxo Road 3. Re: the #093-72 from effective with the 4. Re: Approving a lease ~or five year (6/1/00 - 5/31/05) 5. pr~l~osed ~l~es~lUtiOn~Ng;~R00~59~ ~ .,: Re: Authorizing and Directing, or,an~ity-~execute a con~ltant agreement for Boynton Beac~ and HcHahon ~ociates, ~n~. providing: for t~¢~e~ulting se~ices Rat fica~on of P ann rig& Dev~op~ent Board A~ion: 1 Ma~ n Luthe~ ~Eing B~U~a~d~'~O~aY; Di~i~'- ~equest to amend the ' ' ';' ~ "" ' ~ : % ' ' ' new Land Development ~U~o.s~(er 2, Zonmg, to establish ~ . se~on for De.lay zoning d~. ~he Ha~in Lurer King Boulevard Overlay D~i~,~ add S~a~ 2. Be~e~a Ne~orial H~i~l (P~rking) - Request for new site plan apprOVal ~ cbH~;a~ ',aaBAibfiat Parking:lot opposite the ~isting hospital on 1.~ a~es. Approve the applicaU?~ of R?~ Ka~ fDr Ci~ sponso~hip of his proje~ ~own as the Boynton Shtp~K~¢~, fOr. A ROundIII Development Regions Core Grant program Approve ~nding for Housing Rehabimi~tion Case ~2-98-024, Rita E. Yeskey, residing at 1025 SW 23m Avenue~in the amount of $14,861 AGENDA REGULAR CZTY CObtMTSSZON MAY 2, 2000 V. CZTY MANAGER'S REPORT: VT. PUBLZC AUDZENCE: 1'ND]~/I'DUAL SPEAKERS W1'LL BE I.ZMTTED TO 3-Mt'NUTE PRESENTATZONS V~Z. PUBLZC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTrS Project: Agent: Owner: Location: Description: Bethesda Memorial Hospital (Parking) Russell Mordson, Kimley-H~rn & ~,ssociate~ Bethesda Memorial Hospital Southeast corner of Seacrest Boulevard and SE 24m Avenue= and extending south to SE 25m Avenue Request to amend the Comprehensive Plan Future Land Use Map from Low Density Residential to Office Commercial and rezone from Single-family ResidenUal District (R-1AA) to Office/Professional Commercial District (C-Z) Project: Agent: Owner: Location: DescripUon: Kingdom Hall of 3ehovah's Witnesses Mark Montantes Boynton Beach Florida CongregaUon of Jehovah's Witnesses, ]rnc, 153.2 NE 4u~ Street: Request for conditional use and site plan approval to construct a ~,,680 square foot church on :L00! acres VZZT., FUTURE AGENDA [TEMS: Resolution amending City of Boynton Beach Pay Plan 2000 (tentative y May 16, 2000) Resolution ranking and approving consultant(s) for Industrial Avenue Corridor and Costa Bella Stormwater Improvement Projects (tentatively June 6, 2000) Ordinance - Continued discussion on billboard regulation changes (tentatively ]une 6, 2000) D. Resolution - Proposed policy for cemetery late arrival fee 5 AGENDA REGULAR CZTY COMMI'SSI'ON MAY 2, 2000 XZ. DEVELOPMENT PLANS: None NEW BUS[NESS: Review and action on CRA recommendation for development of Intracoastal 10 acre parcel LEGAL: A. Ordinary:es ~- 2® Reading - PUBLIC HEARING Proposed Ordinance No. O00-'r3 Re: Amending Chapter 18, Article IV, Pensions for Firefighters; creating a new Section 18-222 entitled "DeFerred Retirement Opt ~n P an" B. O~dinances - 1~ Reading None C. Resolutions: Proposed Resolution No. RO0-60 Re: Granting the conveyance of Special Warranty Deeds of three (3) vacant lots located within the Cherry Hills Subdivision to the Beynton Beach Faith Based Community Development Corporation D. Other: Request for authorization to enter into a Forbearance Agreement with Walter 3anke and Alice Faye and Republic Media, Inc. UNFZNZSHED BUSZNESS: A. Discussion on Ocean Riclge Property XIII. OTHER: X~V. AD3OURNMENT: AGENDA REGULAR CZTY COMMI'SSI'ON MAY 2, 2000 NOTICE (F.S, 286.0105) THE C/TY SHALL FURNISH APPROPRIATE AUXILIARY A]DS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISAB~I.iTY AN ClTY 5c~- 37_~? .C.~I'~LLO, ~561)] 742-60!3 AT L~.AST TwEwr~-FOU.:HOURS PP-[O. TO mE P,OGRAM O, A~ I, ORD~ FO~ THE ~ ~so~.~,~c~o~.oo.~ ~ou, ~u~. FZNAL .- 04/28/2000 10:43 AM 3MP \\CH\MAIN~SHRDATA\CC\WP\CCAGENDA~AGENDAS\050200 .~OC ITEM III-B.1 .a. Announcements & Presentations Proclamations WHEREAS, The Office of the Munloipai Clerk. a time honored and vital part of local govemmem exists throughout the world; and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Municipal Clerk provides the pmfeselonal link between the citizens. the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have ~ledged to be ever mindful of their neu~ality and impa~ality, rendering equal service to all. WHEREAS, The Municipal Clerk serves as the information center on fun~ons of local government and community. WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, worksh(;ps and the annual meetings of their state, province, county and international professional organizations. WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW. THEEEFORE, I, Gerald Bmening, Ua~3r of the City of Boynton Beach, Florida, do recognize the week of April 30 through May 6, 2000 as "MUNICIPAL CLERKS WEEK" And further extend appredation to our Municipal Clerk, Sue Kruse, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach. Florida, to be affixed at Boynton Beach, Flodda, this 2nd day of May, in the Year 2000. ATTEST: Geratd Broening, Mayor City of Boynton Beach t City Clerk (Corporate Seal) III-Announcement & Presentations~: "~B" - Proclamations: ~ _.t ~",,i~" Itern 1.b. As our Boynton Beach residents ~d,visitors are increasingly u~izJng our waterS for recreation and relaxation, and as opportunllies for on-the-water addvl§es expar~d,yea.dy, be it known that with growth comes additional responsibility. It is essential that both novice and experienced boaters practice safe boa~g habits, such as weanng a life jacl(et, avoiding the abuse of alcohol, having a Vessel Safety Check and taking a Safe Boating Course. As we oroclaim May 20a through May 26t~ National Safe Boating Week; we,heartily endorse this year's theme "Boat Smart from the Start, Wear Your IJfe Jacket", thus recognizing that approximately 88% of~ the people who drowned in boating accidents were notwearing life jackets. In consideration of the national focus on safe boating, and in conjunc~n with the year-round efforts of the approximate y 75,000 members of"Tearn Coast Guard' IAuxiliary, Regulars and Reserve) we encourage everyone [o enjoy our waters, but in a manner that prevents them from conthbuting !o boating accidents. We urge all boaters to wear and buckle up their life ackets as they work or p ay around the water WHEREAS, in recognizing!that hundreds of lives could be saved each year by the wearing of life jackets. WHEREAS, the law requ res that life jackets be carded for each person on ~ard. NOW, THEREFORE, I, Gerald Bronning, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida. do hereby support tne goals of the National Safe Boating Campaign an, d U.S. Coast Guard Auxiliary and proclaim May 20-26, 2000, as National Safe Boating Week and the start of the year-round effort to promote safe boating. IN WITNESS WHEREOF, I urge all th~se who boat to 'Boat Smart from the Start" by weadng their life iackets and practicing safe boating. I have hereunto set my band and caused the Seal of the City of B0ynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 2.d day of May in the year 2000 ATTEST: Gerald Breening, Mayor City of Boynton Beach City Clerk (Corporate Seal) U.S. DEPARTMENT OF TRANSPORTATION UNITED STATES,CoAST GUARD AUXILIARY :7536 Fl 33467 Hon, Gerald Broemng Mayor, Boynton Beach 19,9 East ~0ympn.B~ch B~l~d . ,Aprit 12~.2000/~ ' '~ Dear Mayor Broening, The members of the United States Coast Guard and the Coast ~uard'~, · :~ f Deka/BO nton Beabh,'he~eby respectfully request'~~tt ~ti~octaim Flotilla 54 o Y Y ......... ; ~;4 the ~week of May :20 to May 26, 200Oas Nattonal Safe ~aung n~: y°'~:,- City Council.meeting scheduled for May 2., 2000. ,, Enclosed is a sample proclamation for your reference foll~Wing~s'Y~ar'*~ theme Boat Smart from the Start" Wear your'Life jacket. A member of t?iofil!} ~3 Will be present at the meeting:to accept the proclamation- You may reach me at.~ 1-968~9546 or Fax no. 561-968-5298 for any questions you might have· Our flotilla is very dedicated to the 'encouragement of Safe Boating practices in our area so we Will be holding a Safe boating Fair With exhibits at the Boymon Boat Club And Ramp on May 21, 2000 from 9am to 3pm. We invite you to ar~end and help us encourage the boating public to Protect, . themselves and their families by becoming aware of the safe way to operate a ~oar on our surroundin~ waterways We are trying to set up press coverage of the event so we would appreciate it i~y~ae0uld b~ there ~t i0am. look foi~V~d to seeing you there. The members of Flotilla 54 appreciate the courtesies the City of Boymon Beach has shown us andlook foryqard to many mom years of continued mutual efforts to ensure safe boating on the Intercoastal Waterway. Sincerely, ~ / / Mary i~. Suckow, Flotilla Commander USCG Auxiliary, Flotilla 54 attachment cc: City Manager RequestedCity Commission Meefin~ Dates [] March21, 2000 [] April 4, 2O00 [] April 18,2000 [] May 2. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tamed in to CiW Clerk's Office March 8, 2000 (5:00 p.m.j March 22, 2000 (5:00p.m.) April 5,2000 (5:00 p.m.) April t9, 2000 (5:00p.m.) Requested City Commission Meeting Da~es [] May 16. 2000 [] June 6, 2000 [] June 20, 2000 [] Juiy 5. 2000 IV-CONSENT AGENDA ITEM B.1 Dale Final Form Mustbe Turned m to Cl~ Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7. 2000 (5:00 p.m.) June 21, 2000 (5:00 p.nz) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMME~,N~, ATION: Motion to award Bid#041-2821-00/CJB, "PURCHASE OF ONE (1) TRENCI-IER AND ONE (1) TRAILER , to Ditch Witch Trencher, Inc. of Leesburg, Florida, in the amount of: $42,2~10.00. EXPLANATION: On March 9, 2000, Procurement Services opened two proposals and one alternate proposal for the above mentioned bid. All proposals were reviewed and itwas determined that Ditch Witch Trencher, Inc. of Leesburg, Florida is the lowest, most responsive, responsible bidder who meets aH specifications. Robert Lee, Fleet Administrator, concurs with this recommendation (see attached memo g00-060). PROGRAM IMPACT: The purpose of this bid is for the purchase of one (1) Trencher and (1~) one Trailer for the Utilities Department. FISCAL IMPACT ACCOUNT 501-2516-519.64-31 Deputy Director of Financial Services DESCRIPTION AMOUNT BALANCE MACHINERY & EQUIPMENT $55,000.00 $12,790.00 ~City'~anager s 8ignamre Department Name City Attorney Finance / Human Resources /cid Attachment Bob Lee - Fleet Admini~tratur Chris Robert- Interim Public Works Director File S:~BULLETIN~:ORMS~AGENDA ITEM KEQUEST FORM.DOC PUBLIC WORKS UM ~00~060 To: From: Bill Atkins, DeputY Director of Finance Chris Roberts, Inter,reD,rector of, Publie Works Robert H. Lee, Fleet Administration ff(~ Sub j: Bid Award, #041-2821-00/CJD Date: April 13, 2000 In reviewing bid #041-2821-00/CJD, for one new Trencher and Transport Trailer, I would like to award the complete package to; Ditch W~tch Trencher, INC. P.O. Box 490667 Leesburg, Fl. 34749-0667 Funds ~n the amount o $55,000.00 were approved in the 1999/2000 bUdget'an'd placed in Fleet account #501-2516-519.64-31. The bid award is $42,210.00, a budget savings of $12,790.00. RECEIVED .. ~ s~*w~xsLO~IEST, MOST RESPONSIBLE, RESPONSIVE BIDDER I~HO FLEETS ~L SPECIFI~TIONS ~ ~~s, Deputy DireCtor of ~in~cial Se~ices P.O. BOX 490667 LEESBURG, FL. 34~9-0667 PURCHASE OF ONE (1) TRENCHER AND ONE (1) T~NSPORT T~ILER ~///~ "Offers from the venders listed herein are the only offem ~- ' BID OPENING DATE: MARCH 9, 2000 re~ived timely as of the above re~iving date and time. BID OPENING TIME: 2:00 P.M. A, other offem submifled in resoonse to this solicitation. 1:3,1Ut'~; Uq-'l-Z/SZ'l-UU/UJL) ~ ~' ~ ~ ~ L~*~ ~ L ifany, are hereby rejected as late" VENDORS L)I(JH ~ I(.;H ~I:::N(.; 'fi::l~, ~IL;. ~ITCH WITCH ALTERNATE VERMEER S.E. SALES & SERVICE ' ~,EESBURt3, FL 34749.0667 1400N.W. 15~TH STREET . F~.O. BOX~9OS~--. POMPANO BEACH, FL 33069 [TTN: JEF~ BJORN (954) 971-3811 '~352) 787-7607 , ATTN: ROBERT S. BOWIE PURCHASE OF ONE (1) TRENCHER ' ~ $39,000.00 $43,955.00 $47,366.00 PURCHASE OF ONE (1) TRANSPORT $3,210.00 I . TRAILER $4,100.00 $3,319.00 i'gtALCOST $42,2'10.00 $48,055.00 $50,685.00 ~ALENDAR DAYs 45 45 9O NUMBER OF B D PRoPosALS 2 2 1 suBMITTED . SPEC F CATIONS "CHECK-OFF" YES/INCOMPLETE YES/INCOMPLETE NO SHEETS SUBMITrED FULL SET OF OPERATOR MANUALS YES YES NO SUBMITTED FULL SET OF SHOP SERV CE AND YES YES NO F~EPAIR MANUALS SUBM TTED INFORMATION ON OPERATOR ~, -. YES YES NO MAINTENANCE TRA NING (4) H~)URS HANDS-ON SUBMITTED "Offem from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any. are hereby rejected as late" ; ;'-'~ .~ ': .~; P.O..BO)~( 4~06~ 1400 N.W. 15TH STREET ~. ~ '~ ~ :~ ~:: ~?;~;~?.::_¢/~ _ ,.~. ~EE~URG~*EE~ ~.4749-066~. .................... POMPANO BEACH, FL 33069 954) 971-3811 ~ A~N: JEFF. BJORN ' ~""~ ~ ? ~" ~ ~: '~ (352) 78~-7607" . A~N: ROBERT S. BOWIE TRENcHeR MAhu~AC~ER-:~ _ ....... ,~ .: .... ':-D'~T~ W~CH~ DITCH WITCH VERMEER TR~HER M~ .~ . 3700 5700 V4150A T~ LERMANUFACTUR ' : CUSTOM CUSTOM ' ' ' 4T200EP 6T500ED 5T162EDB~ T~iEER MODEL .~= SU~MI~ED " '~; OWNED BUS..NESS SUBMI~ED ~;~ 'MINORi~ OWNED BUSINES~ M NORI~ OWNED BU~INESS~ MINORI~ owNED BUSINESS GONFIRMATiON OF DRg:G.~FREE, .... .~ , woRKPLACE SUBMI~ED : - ~. ~:~:.:, , ~ , coMMENTS ~,~ EQUiPMENT"B~O~'URES ; EQUIPMENT BROCHURES ~ "' -~ ' ..... ' .... ~ Requested City Comnfission MeetingDates [] March 21. 2000 [] April 4, 2000 [] ^prii is, 200o [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested Ciiy Commission mro Ciw Cl~rk's Office Meeting Dates March 8.2000 (5:00p.m.) [] May 16,2000 March 22, 2000 (5:00 p.m.) [] Sune 6. 2000 April 5. 2000 (5:00 p.m.) [] June 20, 2000 April 19, 2000 [5:00 p.m.) [] July 5, 2000 IV-CONSENT AGENDA ITEM 8.2 Date Final Form Must be Turned in to CiW Clerk's Office May 3, 2000 (5:00 pan.) May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m.) Ju~e 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Bus~ness [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: MOTION to approve a purchase from SENSUS TECHNOLOGIES, INC. to UPGRADE THE (5) METER READING HAND-HELDS TO PERFORM RADIO READS AND THE PURCHASE OF AN AUTO GUN SCANNER in the total amount of $11,737,$0. EXPLANATION Procurement Services received a request from UTILITIES DEPARTMENT to UPGRADE THE (5) METER READING HAND-HELDS TO PERFORM RADIO READS AND THE P~rR,.C~SE OF AN AUTO GUN SCANNER. This purchase will allow the Utilities Departn}_ent to read radio type meters in all areas of the City as we install transmitting devices throughout the service area. Radio reads allow the meter reader to obtain reads from rear easements and backyards without touching or physically viewing the dial. The current meter read/rig hand-helds are from Sensus Technologies Inc. and they will perform the upgrades. Procurement Services requests Commission's yeview, evaluation and approval. PROGRAM IMPACT: The upgrades will improve the availability of services, increase efficieticy, reduce intrusion on private property and allow the use of radio read meters in all areas of the City. FISCAL IMPACT: Funding will come from FY1999/2000 capital outlay funds that were originally budgeted to purchase meter reader hand-helds for entering work orders.but compatible software to accomplish this goal was not available. Account Description Amount Balance 401-2810-536-64-02 General Equipment $ t7,000.00 $ 5,262.50 ALTERNATIVES: Continue to use meter reader hand-helds that require physically key/ng in dam, and lindt the use of radio read meters to the one area of the City. Deputy Director of Financial Services . -~'it~ Manager'~ Signature Procurement Services Department Name cc: Jolm Guidry - Utilities S:kBULLETINWORMS~.GENDA ITEM PA~QUEST FORM.DOC City Attorney / Finance / Human Resources AM ED M MO UM uTmrrI $ D PARTM 00-0 2 TO: FROM: DATE: ~pril 18, 2000 SUB.CT, The Meter Readip~g and Serv(ces Division uses Sensus electronic hand-held units for reading water meters and~;~aking bfihf informational notations. In fiscal 99/00 we requested and received funding ($17,~00~'~; ~o'a~diti0nal hand-held units !0 be used for work orders. The intent was to have a direct tr~Sfer ofdnfonnati0n fi.om the readers to meter Service workers. Unfortunately, this technolo~w.i~(aot ~ailal~le to us at this time. Consequently, w~ ~ requesting these funds be used to improve our hand-held units in a different waY: '~/e wi~t~ i~d~ ~l~!l~?0 perform "radio reads to our existing equipmenf', Currently all "reads'~ a~e.erl ~re~Lmanual[~ or by scanning.. By mstalhng the radm read feature ewfll have the ability t~ '~read" the meters behind fences and make significant improvements in our productiyity. O~ i~ie r0U~ ~ear [~95 and B0ynton Beach Boulevard we estim~e we will reduce ~Ur~read finteifi.~ '~6~[~ ~4fl~'~ ~{~W~l't~ I hour after the radio meters are ~nstalled, The~ c0st to ~ml~,r~y~:0[rim~:!~ $2,1,68.75 0geh or $10~843.75 for .fr~e. We are also requesting one~additional ~i8~1~ ~,~ 7~ f6~ s~an~h~ meters ~hat are easily and quickly seanhed such as ~ianter's!~un ~t~no~n~n Lakes North. Th~ total: cost of these, improvements is $11,737.50. Funds are aVaila,bi~:in:Ac~ount#401-2810-536-64.02. There is an existing Commission approved (g/3/9~]~hd ,ith SenSuS Technologies for water meters and appurtenances, but not this specific upgrade';fequip~ent, . Please place thi~ r~quest on the City Commission agenda for a motion to approve a purchase from SensUSTectmol~, ine; ~ qPgra-de th? five (5) meter reading hand-helds to perform, radio reads an,~ the p~hase~7~a~--~carine~,m the total amount of $I 1,737.50. If you w0uld like ~!d~tional ~nformation, please contact Bob Kenyon at Ext. 6402 or Les Sarkkinen at Ext. 6427/ ~' ' /acl be: Bob Kenyon cc: Dale Sugerman Les ~arkkinen, Barb Co"b0j File REQUEST FOR REQUISITION ,. LT, E. REQUISITION # Clerk: Procurement Ass't: Director: City Manager (non budgeted capital and/or $5000+): P~GGY-BACK '~ACOi~ ~TZL 0~7.~7~_W ~-~'- .,~.~ ........ . . . .~-'-~ REASON FOR PURCltASE: UPGRADING I:IANDItELDS I VENDOR ]INFORMATION: DMSION: OTHER INFORMATION: Name: SENSUS TECHNOLOGY ( ) Date: 04- t 1~00 I ASAP ( X ~ ) ~Address: 450 GALLATIN AVENUE Constxuction ( ) Date Needed: 04-26-00 Confirm. ( ) P.O. BOX 487 Cust Rel. ( ) ] ASAP/Conf. ( ) UNiONTOWN, PA 15401 Distribution ( X BACKUP DOCS. DELIVERY: ~ ) SUBMITTED: ?l~one (contact): 770-447-4750 Lab ( ) Quotes/Verbal ( } E. Admin. 40 ( X * ) FRED RUSSEL Pumping ( ) Quotes/Written ( ) E. ~ 41 ( ) (over $2000) Vendor Number:2624 PWMaint. ( ) Bid Docs. ( X w: WTP 42 ( ) ) ~ ~.~ ~ _ ~ ~ PWOps. ( ) Sole Source L~'. ( ) pFLI 99 ( ) INITIATOR, ~.~r/¢.¢.~: Sewage ( ) 'Insurance' < I) ~ ,.~ requirements APPROVED: Strmwtr. ( ) Mfg. Repl./Match ( ) Project Number: Existing Eq. Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount 5 2168.75 TRADE IN PROGRAM AR 4002 401, 2810 536 I 64 02 10843.75 HAND HELD DEVICE RADIO READ UNIT W/ALPHANUMERIC KEYPAD AND HAND STRAP PART # 5390773740201 1 893.75 AR4090 AUTOGUN ASSEMBLY 401 2810 536 64 i 02 893.75 ~' GREY # 5390753749001 1 AUTOGUN PITPROBE EXT FOR N/C ,~ AR4090 #5390733749001 l:\general-use\formsXrequisition form.doc Nortn ~la[in ^~enue Box 4~7 Umionto~ P~ 15401 Eill co Cus~o~C~ 08~6o~ · .--~ATTENTION: LES BOYNTON BEACH CITY OF 310 ~ Term~: ~ Quotation ~cknowledgeme. n~ Your Quote Number: 8049 Re£erence: UPGRADE Ship, co CusCor~r: gage BCYNTON BEACH .CITY'OF Line 1 Description Part#: 5390773740201 TI~E IN PROGI~ AR4002 HiMND HELD DEVICE ' ~ US DOtlar U/M.~,., Unit. Price EA 2,168.750 ParC~:.,S390753749001 AR4090 AS~0GUN ASSEMBLY GKAY Part~ 5390733749001 AUTO~UNPITPRORE EXTENSION O_NLY FOR AR4090 1 EA 893.750 1 EA .000 PULL ~REIG~TALLOWED~ FOB DESTI~ATION. FAX 561-742-6%80 IF MODIFICATIONS IN METER MATERIALS OR PROCESSING ARE REQUIRED TO MEET NEW REGI~TIONS. THE PRICING SL~MITTED IS SUBJECT TO IMMEDIATE CHARGE Thank you for your interest in quality products by Sensus Technologies, I~c. C~rrenD as of: Corresponxience: SENSUS SUITE 160 6621 BAY CIRCLE ~OP.C~OSS, GA 30071 ~R~D L. RUSSELL, 4/10/00 I~C. Regional Sales Manager 9urchase orders: SENSUS TECHNOLOGIES, BOX 487 L~ONTOWN, PA 15401 PHONE: 800-METER-IT Requested City Commission Meefin~ Dates [] March 21. 2000 [] April 4, 2000 [] ^~ ~s, 2000 [] May 2. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CitvZClerk's Of:flce Matoh 8, 2000 (5:00 p.m.) March22. 2000 IS:~0ixm.) April 5,2000 (5:00p,m.) April 19, 2000~(~0~ p.rm) Requested Ciiy cormmssion Meetine Dates [] May 16, 2000 [] June 6, 2000 [] June 20, 2000 [] July 5,2000 I -CONSENT AGENDA ITEH B.3 Date Final Form Must be Turned in to City Cl~rk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) ltme 7, 2000 (5:00 p:m.) June 21, 2000.(5:00 p.m. ~ NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmish~dBusiness [] Announcemem [] Presentation RECOMMENDATION: Motion to award "CO-OP BULK QUICKLIME", Bid #049-2821-00/KR, to Chemical Lime Company of Alabama, Inc., in the mount of $1,091,899 with an estimated annual expenditure of $134,407 for the City of Boynton Beach Utility Department. CONTRACT PERIOD: MAY 13, 2000 TO MAY 12, 2001 EXPLANATION: On April 11, 2000, Procurement Services opened two sealed proposals for the above mentioned bid. Chemical Lime Company of Alabama, Inc. was the lowest, most responsive, responsible bidder who meets all specifications. Chemical Lime has provided the City and the other entities with satisfactory service in the past and all concur with this award (see attached Memos). Bob Kenyon, Deputy Utility Director also concurs with this recommendation (see attached Memo #00-86). PROGRAM IMPACT: The purpose of this bid is to secure a source to provide the best quality Bulk Quicklime available at the most economical price and deliver to various government entities who have elected to participate in the Cooperative Bid; the City of Boynton Beach is the lead entity. Balk quicklime is used by the East Water Treatment plant to precipitate calcium carbonate from the water. FISCAL IM?ACT: BUDGET ACCOUNT PROCESS CHEMICALS #401-2821-536-52.35 EST. ANNUAL EXPENDITURE $134,407.00 S:~BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST 'FORM NAME OF ENTITY- ESTIMATED pmcE PER: ~ESTIMATED USAGE/TONS .TON EXPENDITURE BOYNTONBEACH 1,300 - $103.39: $ 134}z~07 DELRAY BEACH · 2,700 ~ $102.95 $ 277.965 LAKEWORTH 1,300 : ~ - $103.39 "~:, $ '134:~;407 ' ALTERNATIVES: ~Deputy Director of FSnancial Services C'l(y~anager's Signature Procurement Services Deparmaent Name City Attorney / Finance / Human Resources S:kBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC MEMORANDUM UTILTTIES DEPARTMENT NO. 00-86 tO: FROM: Bill Atkins, Deputy Director of Financial Services 'Robert Kenyon~-~~ Deputy Utilities Direct0~r '~ ~ RECEIVED ~PR 17 ~000 DATE: April 14, 2000 ~IJRCHJ~ING DEPT. SUBJECT: Bid #049-2821-00/KR , Agenda Item I have reviewed the bid for balk quicklime and recommend award to Chemical Lime Co. of Alabama, Inc Chemical: Lime is the ower priced product and has performed satisfact0~ily for seVeral years. This product is. used at ne East. Water Treatment Plant to preciPitate calcium carbonate from the water. Dependent on rai;nfall and several other factors we anticipate a usa~.e of 1100- 1300 tons per year.- :The delivered cost is $103.39 per ton for an anticipated expenditure of approximately ~134, 000.00. Funds amavailable in account #401-2811-536-52.35 (P~oce~s Chemicals) for this necessary process chemical. Please present this rathe Commiss on for their approval of this bid with Chemical Lime Company, /acl bc: Bob Kenyon cc: John Reynolds Barb Conboy File I L B{~B KENYON', DEPUTY ~RECTOR OF UTILITIES BILL AT~'i~N'~, DEPI~TY DiR~CTOK OF ~INA/qc A SERVICES **LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER WHO .MEETS ALL SPECIFICATIONS "Offers from the vendors listed herein are the only offers BID OPENING DATE: APRIL 1 I, 2000 received timely as of the above receiving date and time. BID OPENING TIMEii~i~0'P.~; 4' .... Ail other offers submitted in response to this solicitation, I e" 1-2821-00/~ ~d as at ~ VENDORS '~ ~ P.O. BOX1137'~' ' ' ~ ~ .~NGV OPERATION MUL~ERRY,~E3~j.~0~,'J37 '~-' :~:~.BoX37AT~N~LARRYEZELLE 80~-~95-5657'" "' ' sAGINAW, AL 35t3'7 . , ATTN CARL'ANbEi~SON ~00-633-'4889 BASE PRICE PER TO ~ '~" ~' .... '~$60~05 .... , $100.'09' ENTITWC~ST PER3tO)~: ~;x::~'ru ' 7 ~ ' -? CITY (~B~)YNTON B~CH/,1;3~09 RAIL L~. . ,$,:3_6.. ~ 4 .... $30.09 ............... '~--~i~7--: ............ ; ....................................... Z ~E'Z ........ .'": ............... :'~:~' ............................................... - ........... ':r'6-f~;r::q7 ............ ;~ ........... 7 ................... : ..... ~,7~o~'.~' ....... "T'i, '7 ............ ~:~'f ............................................. ~-" C TY OF DELRAY BEACH/2700 ..... RAIL . . . $3.6,,6.4. ' $30.09 ............... ~-.-~,y .................. '~'o~'''~ .............................. .~: .................... ~,~:'~ ....... Z ........ ' ........................................... T~TAL ' . '~2.95 .. ,., ~ ~' ...... ' ....... '~'~§~ .................. CITY OF LAKE WOR'I;H/I¢~0 ': ~' ...... ~' ~ ..... - i--,~-o~R ................... !:'~ '": ...... Z'? :. ......... 'i~'.~' .......... f' L..Z.i ......... i~.~'~' ................ ; ............................................. f~-fXr- ........ ; ...... TT-F-'.~---F~ ..... ;~'ZZ .......... ~ ..... l"f'~T~ ........................ 'i~ii,3;~ ............................................................. CITY OF WEST PALMBEACH/3600 ~" .x RAIL , $36.64 $30.09 .................................................................. "iT.~,~' ................................... ~;i~.'~,' ............................................................. TRUCK .............................................................'O AL ...... :"-:"----IL ................ ............................................................ CO-OP BULK QUICKLIME "Offers from the vendors listed herein are the only offers BIDOPENING DATE: APRIL 11 2000 received timely as of the aloove receiving date and time. BID OPENING TIME~2;,?~OP.M. All othe~offers submitted in response to thissolicitation, BID # 049-2821-00/KR ....... -'-~". '-"'"~,"' ~ I~' ir any, are hereby rejected as late" VENDORS c, M,o^L.IM oF AL, RAv0L M; , P.O. BOX 1137 . ONGVlEW OPERATION MULBERRY, FL 33860-1137 =.O. BOX 37 ATTN:LARRY EZELLE 800-695-5657 .~AGINAW, AL 35137 SO. ~C,ENTRAL REGIONAL WWTP/700 ATTN: CARL ANDERSON )00-633-4889 RAIL $36 64 · $3O.O9 .......... $6.26 $7.92 TOWN OF HIGHLAND BEACH/300 .... TRUCK ~ ............................................................................................................................. $6.26 $7.92 TOTAL $102.95 ................. '~ ~ ~§'.~)'1' ............................................................. VILLAGE OF WELLINGTON/1250 TRUCK ............................................ ~'~(~C ......................................... $7.35 .............. $9.84 APPROX MATE TOTAL/10 550 TONS $1,091,899.00 $1,149,199.50 CO-OP TOTAL (QTY X BASE) PRICE PER TON $1,020,079.50' $1,055,949.50 PARTS I & II COMPLETED YES YES ............... ~ .............................. "Offers from the vendors listed herein are the only offers :~ received timely as of the above receiving date and time, ~r _All other.~gffers su~i_t~t~ in_ [~p. qPqe t_0 this solicitation ~ .,, , ~ ........ : _ :~ it any, are hereby rejecteo as ~a~e" /ENDORS P,O. BOX 1137 LONGVIEW OPE~TION .' - ~ ' ' ,~ ....... ', , MULBERRY~FL33~60-1 ::.:,:,7, , . . ~N; CAR~ANDERSO 8 - 3 8 E~END PRicEs~TO 0T~RtA~EN~iE~i WITHIN pALM BEACH CQUN~ :NO YES E~END. PRIC. ES ~O;O~GENGI~ ~ ............. : WiT~iN-,BRnWARB~COu~ ...... :~ .... 'NO YES CALENDAR DAYS ONE NUMBEROF ~ D;pROpoSAL :: - .., .:..~.;~, ........ PRICESSUb~J~ED ' . ' ' 1 7** B D SUBMI~D IN DUPLICATE ; .... ' ~ ;' YES YES tRAINING & EXPeRIeNCE'RECORD ~;~ ~- SUBMI~E~ ' ' ~;~ ~ YES NO LIS~'OF PREVIO~8 WORE : ~'-~ ~' SUBMi~ED ' YES NO L ST OF EGO P~'NT;&~AC E ~7 - SUBMI~ED YES SERVICE REPRESENTATIVE INFORMATION SUBMI~ YES NO ~ I1 I [ CO-OP BULK QUICKLIME 'Offers from the vendors I'sted herein are the only offers BID OPENING DATE: APRIL 11,2000 received timely as of the above receiving date and time. BID OPENINGTtME:2:30 P_.M. All other offerssubmitted in response to-this solicitation BID # 049~2821-00/KR ~ if any, are hereby rejected as late" VENDORS ,HEMICAL LIME CO ~F AL, NC DPJ~VQLIME,'INC. P.O. 'BOX t137 LONGVIEW OPERATION MULBERRY FL 33B60-1i37 ZELLE P.O BOX 37 ATTN:LARRY E . 800-695-5657 SAGINAW, AL '35137 MANUFACTURER . ATTN: CARL ANDERSON . 800-633-488_9 CHEMICAL LIME COMPANY DRAVO LIME, INC. AN~'I-KICKBACK AFFIDAVIT I OF ALABAMA INC. LONGVIEW OPERATION SUBMITTED YES YES CONFIRMATION OF MINORITY OWNED BusINEss SUBMITTED YES/NOT YES/INCOMPLETE CONFIRMATION OF DRUG-FREE WORKPLACE SUBMITTED yES YES NO~ATIONS COMMENTS , * NOTATIONS ATTACHMENTS **NUMBER REFERS TO ENTITIES · **NOTATIONS ON SPECS 04/19/2000 IG:41 5617985397 WELLINGTON PAGE 0I MEMORANDUM FROM: ~11 ~a~/cipat~ ~ities DATE~:~ Apri! iS, 2000 SUBJECT: "co~c~, Bulk Quicklime" Bid Alabama, If you c,o~o~ Thank you for he~t'ea~e to ~H me at i CONCUR WlTll THE ~WAItD TO CHEMICAL yES ' NO DISTRIBUTION LIST: , . Cit~, ofDohi~y Be~tJaclde.Ro°n* Cit~ ofLa~ Wortl~om Andm~m City of We~t Palm BeaclgNorn L~ So. Caniral. R~gional WWTP/B~ Town of~Bea~h/laok Le~ vills6~ of Welliz~oo/]am~ Volk MEMORANDUM TO: A/i Parffcipat/n$ Ent/ti~ DATE: FROM: Karen T. l~l~ SUBJECT: Ai~il 18, 2000 tile abOv~ rff~ren~ bidto (Taemical ~im~,Compmy of re, alter, if you have ~y que~ions or Coat=ha, do ~t YES NO D/STP~UTION LIST: FROI'I : SCRt, OB F~ NO. : 561L:::~52~57 R~,r'. 19 21~0 09:25RH P2 FROM~ M E M O R A N D U bi DATE:' AWARD TO CU~MIC.~L Ub~ COMPA.~ O1~ AL;a.~A,M~ l'~c.: NO NAME 01: ~NTITY DI$1~R~UT[ON LI3T: M ~E M OJ R A N D U M TO: ~ panicil~ti-$ En~Rie~ DATE: April 18. (see dist~bution IiX) FROM: SUBJECT: "Co-O~ BulkQuicidir,~" Bid Our uscr ~cnt would {ikc zo await the abovc r~fer~uccd bid tc Alabama, lu~. of , be ablc to plmcc thb 742-6306. If you onthc isApri ~h, f~u~ is: (561 Thank you~ f~r ~your prompt attcutiou tu this mailer, if you havc ay qucs~ioua~ or concc,mm, do not hecate to call me at (561) 742;63?.2. I CONCUR ~ TH~ AW~qD TO ~MICAL LIME COMPANY OF ,{~,~ ~C.: x Ci~y.gt[ Delray Be~.h. ...... NAM~ OF ENTITY D~TRIBUTION LIST: City of Detray Bcach/lackic Rooncy (561) 243-7166 City ~ ~e W~om ~d~ (561~ 58B- 16~ Ci~ ofW~ P~m B~ I~ (561) 835~8 ~. ~ ~ ~p~ ~y~ (561) 265-2357 To~ of~ Be~h/J~k ~ (561) ~5 V~e 0f W~II~I~ Vo~ (561) -~ck_..._~y__n Ro y, . .~. SIGNATURF/nT! ,B w /oo APR-iS-~I~O ',~4:~1:¢ PURCHASING ' ' ~-. 561 835 1~_.8 P,01701 MEMORANDUM. DAI~: I~ROM: S~: or' ! CONCtrR WITH THE AWARD TO ~-~ ~':MICAL ~ COMIrANY OF~ALABAM~ INC.: ~t DI$TRIBUTION LIST~ City of Lekc WofUl'om TOTAL ~.01 CITY OF LAKE WORTE TEL:40?-586-1675 Apr 18._L,~0_.__,~.~:28 No.O07 P.Oi /~ MEMOR ANDUM FROM: Participating (ao~ ~i~bu~on Hat) DATE: ~ 18, 2000 I CONCUR W1TB-.~ ~-uz AWARD TO ~CAL LIME COMlSANY OF ALABAMA, Requested City Commission Meeting Dates [] March21 2000 [] Ami 4. 2000 [] ^p~ ~8,2oo0 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final FormMust be Turned in to City Clerk's Office March 8. 2000 (5:00 p-m.) March 22, 2000 (5~00 p.xra) April 5, 2000 (5:00 p.m.) April 19, 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] May 16, 2000 [] June 6, 2000 [] June 20, 2000 [] July 5, 2000 IV-CONSENT AGENDA. ITEM C.1 Date Final Form Must be Turned in to Cit~ Clerk's Office May 3, 2000 (5:00 p.rr~' May 17, 2000 (5:00 p.rru~ luna 7,.2000 (5:00 p.m.) June 2l, 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: Motion to approve reduction of surety, in the amount of $13,200 for the water improvements at Ridgeway Plumbing located on Industrial Avenue. EXPLANATION: The water system serving this project has been completed to this Department's satisfaction, and this Department has accepted the system for operation and maintenance. The surety may therefore be released in full due to the small size of the project. PROGRAM IMPACT: None HSCAL IMPACT: None ALTERNATIVE~ ,~, Depar~nt'Head s Signature Utiliti~s Deparunent Name Attachments Xc: Peter Mazzella {w/attachments) Finance Dept. City Attorney File - Cit~anager'S Signature Ci~-~/-F}~l~ce Human R-~hRfe~' i SSBULLETIN~OILMS~AGENDA ITEM REQUEST FO1LM.DOC RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF T~ CiTY OF BOYNTON B CH F AUTHORIZING iA RELEASE~.'.OF[~-.~CAs}{'~SURETY TO R IDGEWAY PLUMBING, IN THE AMOUNT OF $13,200~00 ~ THE WATER IMPRo~;~MENTs AT RID~EWAY u~.B, ING. LOCATED ON INDUSTRIAL AVENUE; A~ '~ROVIDING AN '~ECT~vE DATE. th~ de~eloper of t~i~ P~ce~, previ'6usly posted cash surety in ~he. amount of $13,200.00 for the project known as Ridgeway Plumbing improvemenn au 640 E. Industrial Avenue: and ~n-EREAS, a final inspection has been conducted on this project and the water and sewer sysuems appear to be shall become functioning properly; NOW, T~EREFORE, BE IT RESOLVED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH. FLORIDA, THAT~ Section 1~ The City Commission of the City of oynnon Beach, Florida, based upon the recommendation of staff, hereby approves the release of the cash surety in the amount of $13,200.00 to Ridgeway Plumbing, for the project cnown as Ridgeway Plumbing on Industrial Ave. Section 2. That this Resolution ~ffective immediately upon passage. PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) __day of May, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioher DIRECT PAYMENT REQU S T ON $ 13,200J00 To; Ridgeway Plumbing 640 East Industrial Avenue Boynton Beach, Florida 33426-3694 For: Reduction of Surety ?~ the water .mpmvements Requested by John A. Guidry, Director of Utilities Date: April 19, 2000 Approvals: Dept. Head Finance Dept. Ci~ Manager 401 0000 220 99 00 13,200.00 13,200.00 UTILITIES DEPARTMENT TO: Diane Reese, Finance Director FROM: f~/John A. Guidry, Utilities Director DATE: SUBJECT: Surety/Fee transmittal - A~,~ee~ LETTER OF CREDIT: Bank - Amount $ CASH BOND Check no. 2otc Amount ADMIN./INSPECTION FEE: Check no. got o Amount Water Amount Sewer Total SEWER TELEVISING FEE: (@ $1.35/L.F.) Checkno. Based on L.F. Amount COST DOCUMENTATION: Engineer's Estimate,/~ Copy of Contract Other Please refer any questions on this matter to Peter Mazzella of this office. Attachment JAG/PVM bc: Peter Mazzella. xc: File GATOR ENGINEERING SERVICES, INC. 7289 Garden Road. Suite 104 West Palm Beach. Florida 33404 f.561 ~ 841-9990 Fax {~61 E-mail: gatoreng@aol.co ,~ ,~, April 6, 2000 1 City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 Attention: John Guidry RE: Release Of Cash Bond for Water Distribution System Improvements for Ridgeway Plumbing at 640 E. Industrial Ave. in Boynton Beach, FL. Dear Mr. Guidry: This letter is being written requesting the release of the cash bond. of $13,200.00 for the recently installed water distribution system improvements for Ridgeway Plumbing at 640 E. Industrial Ave. in Boynton Beach, FL. If you have any questions regarding this letter or require further assistance, please feel free to contact me. cc: Ridgeway Plumbing - Greg Kozan GATOR ENGINEERING SERVICES, INC. 7289 Garden Road.. Suite 104 West Palm Beach, Florida 33404 (561 841-9990 Fax (!5611 841-999 ~, E-mail: gatoreng@aot.com July 19, 1999 City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 Attention: Clyde Milor RE: Cost of Water Distribution System Improvements for Ridgeway Plumbing at 640 E. Industrial Ave. in Boynton Beach, FL. Dear Mr. Milor: As per your request, this letter is being provided informing your organization that the cost of construction for the new water main, fire suppression line and fire hydrant for Ridgeway Plumbing at 640 E. Industrial Ave. in Boynton Beach, FL is $12,000.00. A cash bond of 110% of the cost ($13,200.00) associated with this project is being provided for this project in addition to an inspection fee cost of 1.6% ($192.00). If lease feel you have any questions regarding this letter or free to contact me. require CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Comm~ssioa Meeting Dates M .arch 8, 2000 (5:00p,r~) [] May 16,2000 Ma~ch 22. 2000 (5:00p.ro~) [] June 6, 2000 April 5, 2000 (5:00 p.m,) [] June 20,2000 Apfil.,lg, 2000 (5:0Op.rm) [] July 5, 2000 IV-CONSENT AGENDA ITEM C.2 Dare Fhaal Form Must be Turned in to Cit7 Clerk's Office May 3, 2000 (5:00 p.rm) May 17, 2000 (5:00 p.m.) Juna 7, 2000 (5:00 p.rm) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adrnini~Ixative [] Development Plans [] Consent Agenda [] New Bm/ness [] Publ/cHear/ng [] Legal [] Bids [] UafmishedBus/ness [] Amaouncement [] Presentation RECOM2VIENDATION: Motion to approve reduction of surety in the amount of $26,180, for the water imprgvements at the Hess Station located at High Ridge Road and Hypoluxo Road. EXPLANATION: The water system serving this project has been completed to this Department's satisfaction, and the system has been accepted for operation and maintenance by this Department. The surety may therefore be reduced by approximately 95%. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVE~ Department Heads Signature Utilities Department Name Attachments Xc: Peter Mazzella (w 'attachments) Finance Dept. City Attorney File -n Cit~'lglanager's Signhrare 7' / H~en ResourCes ' f City Attorney/~maace ~/~'~? S:kB ULLET1NWORM S~AGENDA ITEM REQUEST FORaM.DOC RESOLU-rION NO, RO0- A [N AT . AND the amount of $27,555.00 for the'project known as Hess Station improvement located at Higl~i. dge, Road and Hypoluxo Road; and WHEREAS, 'the water system serving this project has been completed and accepted for operation and maintenance by the Utility Department; WHEREAS, the Utility Department has recommended that the cash surety posted by Magna Oil to be reduced by95 percent. NOW,'THEREFORE, BE IT RESOLVED BY THE CITY COt4MISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, hereby approves the reduction of the cash surety in the amount of $26,180.00 to Nagna Oil, for the project known as Hess Station improvements at Highridge Road and Hypoluxo Road. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of May, 2000. CTfY OF BOYNTON BEACH, FLOP[DA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner City Clerk (Corporate Seal) s:ca\Reso\L\Credit - Hess StatJon-Hagna Oik- Cash Surety Release 050200 - W/Sewer MEMORANDUM UTILITIES DEPARTMENT TO: Diane Reese, Finance Director FROM.,~, John A. Guidry, Utilities Director SUBJECT: Surety/Fee transmittal- LETTER OF CREDIT: Bank - CASH BOND Check no.,72 J'O ADMIN./INSPECTION FEE: Check no. SEWER TELEVISING FEE: (@ $1.75/L.F.) Check no. Based on L.F. Amount $ 4// Amount Amount Water 5; Amount Sewer $ Total $ ,~,~ Amount 5; ,,,//~ ! COST DOCUMENTATION: Engineer's Estimate Copy of Contract Other Please refer any questions on this matter to Peter Mazzella of this office. Attachment JAG/PVM bc: -P~~ xc: File DIRECT PAYMENT REQUISITION Please issue a check in the amount of 26.180.00 To: Magna Oil For: Reduction of Surety for the water improvements Requested by John A. Guidry, Director of Utilities Date: April 19, 2000 Approvals: DepL Head Finance Dept. City Manager 401 0000 220 99 00 26,180.00 26,180.00 Requested City Commission [] March 21,2000 [] April 4, 2000 [] Apri/~8~2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Mus~ b~ Turne~ /n to City C1ork's March g, 2000 (5:00 P.m0 March22, 2000 (5:00 p.m.) April 5, 2000 (5:00 p.m.) Al~i~ 19.2000 (5:00p.m.) ZV'CONSENT AGEN[ Z'rEM C.3 NATURE OF AGENDA ITEM [] Administrative [] Developi~ent Plans [] Consent Agenda [] New B~siness [] Public Hearing [] Legal [] Bids [] Unfmishcd Busin~ss [] announcement [] Presentation RECOMMENDATION: A motion to amend the monthly stormwater utility fee provided for in Ordinance ~0cj3-72 from $1.00 per ERU per month to $6.00 per ERU per month effective with the next full cycle of utility bills. EXPLANATION: Based upon the justification provded by the City's consulting engineer in their report dated March 15, 2000 and the outcome of the City Commission workshop held on April 17, 2000, this resolution authorizes a change in the monthly stormwater utility fee from $1.00 per ERU per month to $6.00 per ERU per month. Th s change in rate will become effective at the beg nning of the next full billing cycle. PROGRAM IMPACT: Taking the rate up to $6.00 per ERU per month will allow the Utility to make all of the planned ~mprovements to the stormwater system through the year 2004. FISCAL IMPACT: This modification in the rate will allow the utility to borrow the necessary funds to make all of the planned improvements. While the cash flow for the stormwater utility will continue to remain negative over the next four years, the system will end with a posititi~ balance in 2004. S :kBULLETINWOR_MS~AGENDA ITEM REQUEST FORM. DOC There are a few alternatives. The rate cab remain system will continue tO run a inability The City improvement, Finally, would could be carved rate paid need to in our be made. Some of establish Special Benefit improvements customers each month. S.kBULLETINWORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, APP OV NG A RATE INCREASE FRoM $1.00 PER EQuRvALENT RESIDENT AL UNIT (ERu) TO $6 00 PER ERU F ALL MPROVED PR ' ' ' ; OR OPERTIES WITH N THE CITY TO PROVIDE NECESSARY FUNDING FOR THE MANAGEMENT AND OPERATION OF THE CITY'S STORMWATER SYSTEM; AND"PROVI-DING: AN EFFECTIVE DATE. ' WHEREAS, ArticleVII, ChaPter 26 of the City of / BoyntOnupon: Beach Code Ordinances provides for the imposition of stormwater f;es all properties within the City for services and facilities provided by the stormwaterimproved management. WHEREAS, Article VII, Chapter 26-403 (b) currenty provides a monthly charge of $1.00 per ERU for ail improved propert~s within the City of Boynton Beach. WHEREAS, Section 26-403 (b) also provk:les that the City Commission may, from time to time, by Resolution amending the monthly ERU charge established. WHEREAS, based upon the justification provided by the City's consulting engineer in a report dated March 15, 2000, and the outcome of the City Commission's Workshop held on April 17, 2000, an increase in the monthly stormwater utility fee from $1.00 per ERU per month to $6.00 per ERU per month is necessary. WHEREAS, the City Commission of Boynton Beach, upon the recommendation of staff deems it to b~' in the best interest of the City and its residents to increase the rate to $6.00 per ERU per month Jn order to efficiently operate and maintain the stormwater management system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF Section: 2. The billing. ,Section 3. This ReSolution passage. PASSED AND ADOPTED this . Boynton Beach, Flodda ~tility fee from$1.00 per immediately upon day of May, 2000. :CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commtssioner Al rEST: Commissioner City Clerk (Corporate Seal) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR3 I-V-CONSENT AGEN~ I'rEM C.4 P~quested City Comm~ion [] April 4. 2000 [] April IS~2000 NATURE OF AGENDA ITEM RECOMMENDATION: Date Final Form ~M,_,u/st be Tamed in to Cit~ Clerk s Office March& 2000~ (5:00 -March 22, 2000 (5:00 p.m.) Apr~ 5. 2000 (5:00 p.m.) April 19.2000(5:00p.m.) ~]. Consent Agenda [] Public Heating [] Bids [] Announcement [] Development Plans [] New B~iness [] Leg.al.. [] Un'shed Business [] Presentation Move to approve lease agreement with the Boynton Beach Mall for five year ~6/I/00 - 5/31/05) rent-free usage of City Hall in the Mall space. EXPLANATION: On February 15, 2000, Commission approved a multi-year s ecial - fiveB°ynt°n Beach Mall in exchanae for anntin, ml ~-~. P~ event pe.rn~!t at no char e to th , ............. ~.t-ff City' Hall ' g~ e year tenn. (The current annual lease expires On M~ ~;~g2;~;tie rathe Mall Iocanon fora PROGRAM IMPACT: · :' The Boynton Beach Mall has been granted authorization to conduct six spe 'al events, such as car boat and/or RV sales shows annually. The multi-year special event permit willie presented at a futur~ meeting for Commission approval. ':'yearThe period.City of Boynton Beach has guaranteed free usage of the City Hall in the Mall space for a five FISCAL IMPACT: · :o City receives a value of $60,000 per year ($300,000 five year total). ':'City continues to use City Hall in the Mall space rent flee for five years. '-'Boynton Beach Mall conducts six special events annually for five years and keeps all revenue to supplement their lease revenues. department effectiveness and city budgets. Departm'~n't Head's Signature ALTERNATIVES: · :- Keep the 30 day termination without cause lease. ':- Pay the Boynton Beach Mall the $60,000 annual cost for the City Hall in the Mall lease. · :' Eliminate the City Hall in the Mall operation. None of these alternatives are recommended because of the adverse impact on customer service, Le~sureServices/Recremion' j~. / ty/Vfhnager sSignature, Department Name C~'ty A~/(~ ~ y / Finance/~una~ Resources A RESOLUTIQN R00- CITY COMMISSION OF FOR AN the current lease agreement between the City and "i Mall" LTD:, providing space for C ty Hall in the expires May 31, 2000. WHEEEAS~;;the City of Boynton.Beach has successfully operated "City Hall in thee MalF at the B0yntOn Beach 'Mell; bdnging local government services to mall patrons, enhancing community relations, and providing other useful service,s to the community; and WHEREA$~' on February 15, 2000, the City CommiSsion approved a multi-year Speciai Event pen'nit at no charge to Boynton Beach Mall in exchange for continued rent-free usage of the "City Hall in the Mall" location for a five (5) year period beginning June 1, 2000 and expiring on May 31, 2005. NOW, THEREFORE, BE IT RESOLVED BY,' THE CiTY COMMISSION OF THE CiTY OF BOYNTON =BEACH; FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor, and City Clerk to execute the lease agreement between the City of Boynt0n~ Beach ~=nd .the Boynton JCP Associations, LTD., providing the space for a "satellite office" at the Boynton Beach Mall, a copy of said lease being .attached hereto as Exhibit "A". Section 2. passage. This Resolution wilt become effective immediately upon PASSED AND ADOPTED this _ day of May, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor ~/ice Mayor ~ayor Pro Tern Commissioner ~,TTEST: City Clerk :(Corporate Seal) Commissioner A?PLICATION FOR PERMIT TO USE COMMON AREA instructions: Please ~¥PE or pRINT a~ inforrna~on. The Mall Blvd. FL 33425 ['~hoppmg Center LBoyp. ton Beach Mall nton. in room 111 at Boynton Beach Mall at 1,595sf; 06/01/2000 N/A ~] P.M- N/A 0 through NIA [] P.M. N/A [] From: ~ N/A [] P.M. N/A [] (Please read carefully) each tenant oersonal ~njuriea, death, Applicant agrees [nat if a Permit is issued pursuant to this Application, Applicant will defend, indemnity and hold Management, the Owner, damages, costs, and/or other expenses, including' reasonable attorney's fees. ans~ng' ' from or n any way connected with' the use of the Common Area of of the Shopping Center, and the Merchants' Association or Promotional Fund harmleas from and against any and all claims for · e rear estate, the r lessees the Mall Management Company (and ali their the Shopping Center or any part or facility thereof by the Applicant or his agents members, partners, associates, contractors, servants and emplnyeea, ......... ,4,-~ hereby release, discharge and acquit the Own,ers. of?.._~. ,~,,~r~ officers directors, em~loyeea, customers and invitees) and me Ma~l Merchants' Assoc[stion or Promotional Fund from any and [o the 13erean or property of the Applicant and each member of the Applicant sustained ay reason of any condition of said Commor Area or the MaLt Shepp[ng Center, or due to any act of any employes or agent of the Memhants Association or PromotionaI= Fund, the Mall Tenants the fee Owner, its tesses, the Management Company or the act of any other person or entity wnsteaever, all of which claims__are hereby waived by Appl[cam for [teaif and each of its members. _ --ACKNOWLEDGEMENT ~ an~ that he/she -- net authorized agent of the Applicant named hemm ....... ~ +nat ne/she is the Appticant or an officer or cx .... . ..~. ~ ~ules ~6d Regulstions Governing Ues of the The undersigned hereoy rep~-.~ .... ~es he/she has read and Is ram~ar w,,. ,,,~, ,- . .~_.,,.~ ~o~,,,~ of this A~olication, the Common Area of the _Shopping ~,e~rer ,,~ .~-..-~=~.~ ~..~ ~.~, .~ aut~fized by such Permit are expressly c .......... ~ -- issuance of any permrc based on this Applicauu- ~,,,~ ...... · rvation of said Rules and Regutahons. continuing obse __ ~ .... - Street AddreSs d~fferent tea[ auv~; ~lsting application  City, State, Zi----------~ Phone No. ted trion ol the Common Area dur ng the aeave staled hours date(s), deaigna po ..... ,-- ~- ~ -nd Renulstions stated on the subject to the Mall policies ana ~o reverse side hereof. Fi Pleaea locate the exhibit, display, or equipment in the Mall Common Area as indicated on the attached map of the Mall. A. RULES AND REGULATIONS GOVERNING THE USE OF SHOPPING CENTER COMMON AREA The Management ComPany of the Shopping Center is pleased to permit non-commemiaL pron~3fionat and COmmunity w~thin me enclosed pedestrian arcade or on lhe perkin °rgani~et one approved b~, Ma ........... g ofe~of the Shopping Center ( erenaff~r ~- .... service activities to be COnaucted ....... n!~wi~'th the primary purposes of the Shopp ne Cenf,~r ,~',a~*naR~r ~alled Users ). q'o accommodars such ~*-- * ) by rnterseted Persons and B. ed hereto ~n order to fac~htete such The COmmercial activity of the Shopping Center and Mall, tenants, their owners, officers, directors, empio es, custom acth4tise of the Shopping Center All other Users cannot conduct ers a ' suchactlvity from the Management. Such Permit shall be ,~rent~,~ ~.n~ other a.c.tlvity within the Shopping c~Y~;er without h~-,~I.~n,Vite~es- are ~he primary a m to 4 00 ~-?,z -- = ~,,~,t [o use the Common Ares" within the Shopping Center at the Ma office of tbe ~ar~tin Dir · · - p.m., Monday through Friday. Application sba be in the for g ector d should be mede no later than 30 d~,,~ orior to +~-- -~-- m set forth by the Mana,~e~'.~-* ....... unng the hours of 9:00 -. ...... y requested bythe User for use of the.Commo~.~'~.~.'~ ,=.u su~jec~ to these rules and regulations and D in making a determination as to wnathera permit to use ~he "Common Area- within the Shopping Center shatl be issued, Management shal, following: The nature of the acth/ity; the dates t mss and ourstion of the actM[y; the risk of injury to any person or re r~i evaluate the interference with the aforernent 0ned commerc al act vitise of Shopping Center tenants and their owne~ officers, ~,rP~toP~,eeS~tc~e ~:k, of unrsssonab!e invitees. Managementw considerappl~cafienson~rst.come firet.~ervedbesJs ' ' pay s, customers and E. Each User shall agree to comply With the follow~ng cond~tiona end rules: 1.specifiedThe activitYon shallsucn Applicationbe canfinenandtO aconfinedSpecific use of the =Common Area" as set forth in oetail on lhe Appiic~ion and wiJt De limited to date and limes o the "Common Ares" as determined by Management. 2. Users shali at ail times ounng its use of the 'Common Arse~ provide sufficient supervision and maintain adequate control of its memeers guests or invitaes. Management, in its sole discreaon, shall determine if any User is not neath/dressed. the Shopping Center immedietety. Any User vioJeting this paragraph shall be asked to leave 3. In the event thers ars any licanses °r permits required bY eny governmenta~ agency or authority w th respect to the type of activi cam he rsePenaible., for obtatntng such licansse,, acthorization or permits. ~o unl ' -. . . tY 'sd on 4. All Users using the "Common Ares" assume liability for and shall indemnify and hole harmless he ay Management ComPany (and all the r shareholders, d mcters em lo ees c - dlrectors,,employees customers and invitess~ a-.~ ~.~ ~.~--~- !P~ .Y ,. uetomers and nv tees), Shop i lOSSes penalties, cia ms, act on suits dam;;~ ~_~J~,u-aq?_AseOCletlon or Promotonal Fund a ~s directors em Io g ~ - ...... ~ ~w~ry or ~ne Users inc ..... _ ., P yeas, agents, contractors ssrv=.,~ ..,~,. ....... ( ud~ag w~hcut I~mltetion th~ Hromntlona Fund, 'rea OWner, its lessee or'th- ,'~'-'-~ ,~,,~.,.. ~e ~noppmg Center). The Shopping Cenb or abaft the encJo~e~ Mail. the a(~ioint -~ - -,~-~ ~'~"-a~gem .e?[ ~;~mpeny shall n_,o? be liable to any User using Y person whatsoever · g enants, the fee c~ ners of the rea[ estate, their lesse~, the Center tenants (and their OWners, officers· end from any and all liabilities, obligabens. ~enses), or costs of any Idnd and nature activities of the User's memeers, officers r tenants, the Merchants' Association he "Common Area" or any other person on · express or implied, for any loss. expense the Shopping Center, or due to any act of its lessees, the Management Company 5. if the app ~cat on is for any act v ty which may rsessnably be expected to cause public disorser or injury to any person or proPerh/or to re ulre so ~iesni~rep~irs~rreet~rati~nin~rderteret~rnenyeres~fth~Sh~ppingCentert~thec~diti~nex~etingm~n~e~d~ate~ypn~rt~thec~qen~cre bstantial acti,~ity, th& Menagemen~ may as a condition to grsnti~g a Permit, r~lu re secur f ..... ment of the soC~ per:mit end these roles and regulations Such semiarid., shall ..... ty .~or. the Performance of th AOP cent's obii etlon a ' !nsu?,an'c~ pcticy, or other adequate ass-,'~-.- ...... ? . u~ ~[~ ~ mrm seesrsctory to the Manana~e~- ....... g _ s licensee under InSu~n'ce'shall be in the ~-=~-?:-- -- ~,=-'.~. ,-,~ ~-~ apprlcan~ s performance. Where such d.~-^~=--,~ '1'.' '" ="~ '11~¥ ~ a caen deposit, a bond, ............ ,u,a genera, comprehens,ve or pubhc hedllity policy having ,imi.~;"~n2a~(~(~:.~oafdo~ 6. °COurr~ca end Pr°pertg damage o~ $250,00~.00 or a combined single limit poliqt of $1,000,000.00. Unless otherwise permitted by Management ['he User shall not · iPne. orir°adai~_(_~a, !_s~', .b~°~ °k..s/par~phlete, tmkat s or ct her material wha~s~e'~/~.d ;3jrsPereds~le' °~sel, I=lj~ic.ic!! ~rders ~or sele or dlshibct,on of merohend se, devices . ., ua~a ~e ~nopp,ng Center without prior written appro,,al by ,., .,m..~"~enage~ha-~n~' ~..,,,bit any s,gn, plaque or 7 The User shall not use any vehicle motor, camera, lighting oev~ce or projector on the ~Commen Area' without ~3nor approval 3f Management Th sha~l not engage in any fighting or direct use of a~y physical force, abusive or obscene language or threats toward any other erson or e ' e User othe~ form ef unrea;onab ~ behavior suc~ as the ~a~in~ of unresso a~' ' P n a itkAlytocauses nfl ' ~ n o[e no se or COerse or - g geinan wr~en ......... ' ~¥ constitute a nuisance such as loudspeakers, sound an~;)~i~i~'j'-' ~'~"? [r~e emission of noise or odors or use any 8. Any interested person or organization using the "Commo~ Area" shall not engage in any COnduct which might interfere with or impeae the use of any other facilities of the Shopping Center by any customer, busin~.s invites or employee, emp oyer, or tenant or create a disturbance, attract attentio harass, annoy, dispersge or be detrimental to any of the retail establishments of the Shopping Center Mens ement in ' n or determin~ whether suc~ objec~onable conduct has occurred, g , ' its sole discretion, shall 9. The 'Common Ama" shall be surrendered in 10. If the Management shal~ deem ~he use of the "C~ommon Area" objectionable, at its ssle discretion it may, Without any n~ce whatsoever terminate the rights of the, User to use ine "Common Area~ All such persons shall immediatah/ remove themsatves from the Shopping Center· pedestrian arcade, and the adjoining grounds and paridng iota. me enclosed 11. Ail users of the "Common Area" shall, prior to occupying th" ,, _ - 30 minu~es before such use. e Area for use. notih/the Marketing Director or the Manager of the Shopping Center at least 12. . . . . T.he Uo~tr s.h:!l n~t o~:t~ct the fr,~e~, flow 3f Ped~e~an o~ vehicular traffic on waikways, sidewalks, ate rways, esoaiators, roads, driveways, perK,rig iota or any other area ragularly used for such traffic within the Shopping Center. 13. Notwithstanding anything herein to the COntrary, management may n its sole discretion Permit or not Permit any person or organization to use th damages,'claims. Isesse~ actions, suits adsiag from such removal ther material, all without any liability whatsoever for any CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM V-CONSENT AGEND · ITEM C.5 Requested City Commission [] Mamh 21, 2000 [] April 4, 2000 [] April 18, 2000 [] May 2, 2000 NATURE OF AGENDA ITEM Dh~ ~Final Form ~t be Turned into Cit~ Clerk s Office March 8, 2000 (5:00 pan.) March 22. 2000 (5;00 p.m.) April 5, 2000 ~5:00 p.m.) April 19, 2000 (5:00 p.m.) [] Adminislrative [] 'Consent Agenda [] Public Hearing [] Bids Requested City Connnission Meeting Dateg [] May 16,2000 [] June 6, 2000 [] -rune 20, 2000 [] July 5, 2000 Date Final Form Must be Turned intoC it~ C. lerk's May 3, 2000 ¢5:00 P.m0 May 17, 2000 (5:00 p.m.) Jdne 7, 2000 (5:00 p.m.) Jur~ 21, 2000 (5:00 p.m.) [] Develop[n. ent Plans [] New Business [] Legal [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Please place this item on the May 2, 2000 Ci Co ' ' Sant~ffA~eco .mmends that this resolution be approved, which exeantas _ty~C ~mmlss~un agenda under Consent- Resolutions u ,~ssocmtes Inc. Ultimate payment of said services are *g- -- a ~c.?n.,.t~a. ct I~o,r traffic consulting services with McM the recent amendment to the Quantum Park PID/DRI ~,* -~spunsmmty otMFT Development, Inc. in connection ~i;n DeVel°pment Order,~al~car;hata2.,~n,m.L_ __;; ~n~.~t e~; Q;7 enm~ 1 ~c~ankt P1D/DRI was amended, and pursuant to the Quantum Park and funded by the applicant McMahan and Y~ .Pl~ ant was reviewed by a separate traffic consultant scl - - · , ' .~ SOClates Inc w ectea vy the Ci prepare the C~ty s Shared Parking Stud,, and ~-~ ...... ;.. as selected for the task, who was then under con ..... ty amendment by the Citv Com ;~o;^~ ,~.~ __ .. g softheproposedcontract riort -~ m,oo,~,,, lmsconu'act~sjustnowbein~,nro~oo~,~ ,~ , P oapprovalofthe need, but all within the short time period allowed by the amendment . °" ..... "~ ~ ne consultant not only satisfied the city,s $7,430, the first invoice was approximatel $4 000 '~, process Although the servlC s were estimated t Y , wh~c~ staffunderstands to equal an esOmated ~% of the project. °~;c~e all invoices are received, they will be forwarded to MFT Development,/nc Development Order. . for payment pursuant ro the Quantum Park PROGRAM IMPACT: None FISCAL IMPACT: Payment °f services m be reimbursed by Quantum MFT Development, inc. ALTERNATIVEs: Servicas have been completed according ro attached conU, act and ware required in counection with the processing of an amendment to the Quantum Park PID/DR/. A~ RES,O.LUTION NO. ROO- TY COMMISSION OF THE oF PI BOYNTON INC., I W~'I~EREA$, the City~ c~mmissi°n of thai City of~Boynton Beach, upon n of staff, hereby deems it tq ~e in the best interests of the and residents of the City of Boynton Beach, to approve a Consultant 'eement for professional services ' between the City and McMahon Inc., to provide traffic consulting services, pursuant to the Quantum Development Order; and NOW, THEREFORE, BE I~' RESOLVED BY THE, CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1~. The City Commission of the City of Boynton Beach, Florida hereby' approve, and authorizes and directs the Mayor and City Clerk to ute a Consultant Agreement between the City of Boynton Beach and Mahon Associates, Inc., providing for traffic consulting services, a copy of aid Agreement is attached hereto as Exhibit "A". Section 2._ This Resolution shall become effective immediately upon )assage. PASSED AND ADOPTED this __ day of May, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor -- Vice Mayor Mayor Pro Tern Commissioner ~TTEST: Commissioner Clerk ~al) CONSULTANT AGREE1VIENT made arid entered into the __ arid Inc., a ,, T called CONS~ ANTS"), WITNESSETH: such work and services; -- -~--*~- ~ *~ mutual covenants contained herein and intending, ~Jc~w THEREFORE, in constaerauon m ~ T U ,---~ -,,~.~,44ed and instructed ..... ' ~ ...... ~ that CONSULTANTS are nereoy emptoy~u, ~--~ .... to ~ouna, ~t ~s agrc~u -~ described herein accordance with ~e following b5 and the CITY have agreed upon: covenants arid I. DESCRIPTION OF WORK AND SERVICES_.' A. The CITY ...... ,_ __.~., ,~0 healm satety, wetx~e aria qum Amendment No 10 in such a nlanner tllat Wlli lletp pt~[~,. ..... ~ ovide rot~ss~onal sennces vamm iJ~.~u- ~' · ..... sA cement, CONSULTANTS pr , P- - ~ ;m~iremer~ oflaw. U on all parttes mgmng tm gr o.~.~ao~a~ .nfl consistent with the curran~ r~qu~ment . . P .... :_..~o..a by this Agreement, ~o~,u~u~ .... 7, -. ....h onn.qultation work aria services a~ CONSULTANTS shat! promae auua later presented in EXHIBIT Ad B. ari . · .:__ ,- .u~ nRI ~ nrevlous ' : ' its SS~S$10n relallng ~ m~ ~ , = e ch the CITY ~ m po ~., ------ b ~oth the CITY arid plans whi . ' · unless oth~ ag~ed upon ~Y . agrees to provide for CO~N~S~IJLI~A~__.S.: ...~._ t~t~NSULTAHTS Wlth the Quantum Park CONSULTANTS, municipal sta~ v~tt prowae m~ Development Order arid supporting documents. A ,rs work close y with the crrv on al! of_ work arid The CONSUL . · · d ubhc officials, CITY C. . .~ OhS with crrY an p ~rviees. The~ work will include cooperattve w,o .r~.'. g .s,e~_t _,:,: ....ntributin~ to the amendment as ....... ' and with ottler ~uu~o ,-~ re r~entallves, thereof The CITY d ertments, other ~ p . attached and made a part . ep - . BIT B, hereto · m · - ' re eot schedule tn EXHI the o ect, as set forth indicated m tho p 9 ,, . '--'~--~--- *~ r add or delete elements of pr EXHIBIT A. D. The CONSULTAI~'~ a .g~ [u .v~ , :_-;__, of s~,~ifi¢ tssk~ arid project comp~e[~u~ · ' dude a description of specm¢?s~ aria p~u~_~,~__~j..v~,,~t i not nossible] which also reports (to tn . - - .~ c--e;mlle when teleo-~-~ ~,.nua~[ s ~ - a~d weekly verbal reports (via tetepl~one or tau CONSULTANT AGREEMENT Page 2 agree to provide any additional mfonnat~on or status as reasonably ~qt~es~ by the CITY. II. MANNER OF PERFORMANCE_-_ ~ A. The CONSULTANTS agree, as an independent con pe.rtorm such services as may be specified in *~;o ^ ...... ~.c.~r: to undertake work and/or or m any authorized w~/ien ~vork ~.~o. ~._.~_~ ~,~..~.~m.en.g or any aaaenaum executed b · · .- .... oy m= ,..ss ~ ~ssuea in connection with this Aere m y the parties B, All work as described herein, shall be performed to and/or- of the Planning and review b3 time to forwarding for further C. Should: < any work and/or Services be required which are n ' any .addenda, ~ which is nevertheless ne~-,, t'o. ,~._ _ o.t .spec~fi~e.d m the Agreement or ~., w~ tu~prO r C~ I ' · ~ P9 mp etion ot thc ob. suc full as ffdesc . . . J , 1~ work or ~,~..~ ...~ nbed and delineated hereto, buttt CON ~ $11ah t~v~a~ payments ior Agreement. and/or services at CITY'S expense in accordance with Paragraph III (B) of this sh U be at the cmc' - n ou, .m a .or .ayS .. with me p~ed~ be ~ ~a s~ not ~ bin~ ~I a~ u~n a~eem~ is ~ to ~g ~d si~ by~ ~. E. ~e CONS~T~S ~ ~:~e ~ s~ - - ~ ...... ~ess ~e cITY, ~ ~ au~ofized ~presenmfive' of ~ CONS~T~S to peffo~ ~d wor~ ~eletions and changes in ~a~er set forth. Such the parties and such ' payment for any work CITY, authorizes the III. COMPENSATION. C; .hem_to attae~ and ~ma.. de.a pan thereof. Payment of Said fee sh within ~ 30 d~ ' . all be due (,) , ys of mvozce as lon~ as s in~i~ ;- - , .... on project progressi and incMdes ---~ms~t~q~-~u.~ uenvera01es. ~ ,.md ~; ..... ~ accompamea Oythe r A. AS~ CONSULTANTS, sarvi~o~ ~ .. agr to a ~ ~d condi~o~ s~ fo~ h~im ~ ~- .... P y s~ of $7,430.00 for ~ work ~d s~ to -~ ---. ~s t ~ sn~ pay a ~ ~ff0~ ~d~ ~ A~eemenl p~t to E~IT ~d payable money B. sam~[~_ __~C? s, ho,.u!d des'.~ ad.di, tional work or services and CON1 undertake ~, m~ pames snau agree, m writing, to an addendum or addenda to CONSULTANTS shall be compensated for such agreed additional work and s payment mount acceptable to the parties. ;spective status report tULTANTS agree to r~.cs Agreement. The es based upon a auaote to ~l'r¥ or its authorized r . . ting practices epresentative at[all times ~u · Agreement. The CONSULTANTS ~n,,~, ...... . ~ . ghout the term of this writing, settin~ forth ;.,e~,~.~..:z_ ~-~.,~ ~.~ to renaer reqqests xor paym6nt to the CITV ;. .... · ,,~uou on actual costs including hourly rotes, hours const~;c~'by Pa~3 CONSULTANT AGREEMENT CONSULTANT, travel expenses, and materials, forWhiChpaymentShall be submittedare due and vvaSimultane°uslYwithin :thirty (30)with the provision of monthly stams, reports. All requesm_a__ble ~lays of the date of invoice. T~e mount of ~ach monthly request shall be.based upon~..time,~:: materials, and other expenses. IV . USE ANBOWNERSHIP:, . · ~ ~ · ; - · aterials, re~orts, ~ docme~tts, -drawings~' SPecificafi°nS~c°mputati°ns' A · ~ ~,tl ongma} m. . ~ ' · ~ ~ ' · s and work performed t'lereunder - to the sermce, . ~vo,,~,~ test data, uhotographs, aha rendenngs_relat.~~ ., t-~t-,~lll~T ~*~l',q ilr futl for sermces are~,b , ,COIN de~ve~able~liiC~are P~E, , , .~ review. CITY is to to .any..~ oI my CONSULTANTS shall releas~ work thereafter and the CITY sliall not use CONSULTANTS~ ¥. INDEMNIFICATION_: all liabilit] name thereon. Legal sustained by or ~directly ,Agreement. B. The CONSULTANTS from and against any a conu'act or hereby indemniSy and save the CITY harmless oi:c~g on or employees, should the:Same, arise during:the P~Og~ess. all claims insured casualty. Ao or : all times, at their expense, CONSULTANT AGREEMENT 1. Worker's Compensation and Employer's CONSULTANTS. Page 4 Liability covering employees of the EL°_r~k_e_r_s ,Co~m. ,~..n.~at~on up to statutory limits. b. mvmyer s L~anuity with a limit of liability of at least $ t;000,000 00 Public Liability Insurance covering the CONSI~TANTS~ io~cUnu~eSni:e ~ann~ of not less than $1,000,000.00 per legal liability for bodily person and $1,000,000.00 per : or property 'damage of not less than $100~000.00 per accident and $200,000.00 aggregate. ,ouo,ooO:O0~ e ts of not less , p r person and $1 0 ' ~ . ~ than of trot .q.q th~,, e,mh n,~^ ,,,, , 00~000.00 per acc~dem~and for ~,,,-~.--. ~--- leo_ u~u.~ ~uu,uuu.uo ' t accid · · I v~,~v,-,,y uamages out Of or resulfinff~ l~__6m the peope~aho: ~,,?m,~ ~.Pr~vlding. coverage for any accident arising ~any,.owne~,. non;owned orhired autom01~iles ~'~ .... u~;~e, b_y CO. NSULTANTS of ye ucensed · ~,~ or omer equipment required to 4.wor!q:Pr°'fessi°oal' Liability Insurance for all facets of CONS~TANfT. _S, operations and minimum limits Of t ac ~ cove~rirlg this Agreement with aggregate errors and omissions, per occurreni:e and $I,000,000.00 VII. COMPLIANCE WITH GO~RNMENTAL REGULATION,,;: The parties shall keep and perform all requirements of applicable Federal, State and local taws, rules, regulations or ordinances. VIII. LIENS AND CLAIMS: The CONSULTANTS :shall promptly and properly pay for all labo purchased and equipment hired by them in conneetio~ with the work, shall kee free from any matenalism's or mechanics' hens and ciamas or notices in r~s reason of the CONSULTANTS, work and shall discharge the same. CONSULTANTS do not pay or satisfy such claim or lien within ten (I0) busine of notice thereof, the CITY, in addition to any and all other remedies, may fo: Agreement, effective immediately. IX. DEFAULT: employed, materials the CITY'S property ,'ct thereto arising by the event that the s days after the filing thwith terminate this A. The occurrence of any of the fo/lowing, by either party, shall constitute an event of default hereunder: 1. The fling of a petition by or against or for adjudication as a b t or insolvent or for reorganization, for the appeinlraent Of a receiver or trustee ~fa~e ;roperW. ' 2. An assignment for the benefit ofcreditors. ~ONSULTANT AGREEMENT 3. The taking of possasswn of the property by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of the business. perform th~ non-defaulting. prel Agreement. 4. Non-paymem of :and from the without of the the the any work default by the other party, The Agreement and 1 advise the CITY XI. SUCCESSORS: waxrant that they ~ to deliver incident to its due into this hereunder by in ~ and shall XII. PERMITSAN-I) LICENSES-'. paid for by the CITY, All permits and liceusesYequimd by any governmental agency shall be and reimbursed bY the applicant. XIH. ASSIGNMENT:_ This Agreement and the services hereunder are non-assignable by- CONSULTANTS unless the CITY has given written consent. This Agreement and the obligations hereunder are not assignable by CONSULTANT AGREE/V[ENT CITY unless CONSULTANTS have given written consent to such assignment. assignment without such written consent shall be void. XIV. SCHEDULE_: Page 6 Any attempted The work and services set forth in this Agreement shall be completed as provided on the Schedule contained in the aforementioned EXHIBIT B, in Paragraph I (C), or in accordance with any other date agreed upon in writing by both parties. XV. INDEPENDENT CONTRACTOR. In all cong'actor~ acting:as an independent are Insurance laws orOtd Age laws, ( or o ' ' ' asSUme all liabilities or bhgations ,repOSed by uny one or more of such laws with CunOy ' ' · respect to employees of the NSULTANTS;/funy, m the performunce of th/s Agreement. I shall not have CITY und the r other capacity than XVI. HEADINGS_: ~ The hea ,d~n~ used in this Agreement are for reference only und shall not be retied upon nor used in the interpretation Of same. XVIL INTERPRETATION: r " If the CONSULTANTS be a partnership or corporation, all words in this Agreement eferring to the CONSULTANTS shall be read as though written in the plural or in the neuter gender, as the case may be. B. This Agreement und all of the terms and provisions shall be interpreted und consmaed according to the law of the Stnte of Flodda~ Should uny clause, · Agre.e. ment. . be held or declared to be void or illegal, for un re paragraph, or other, part of this Jurisdiction, alt.other clauses, nm,, ....... Y ason, by uny Co having corn etent ~--~--~hs ,.,, .vans of this A~ force und effect. ~,-~,~-,,,-,. ~u~, nevertheless, remain in full addendu~ - - .This A,gz~mant between the parties shall be deemed to include th/ p~nammg hereto as ma be . s Agreement and an Y executed by the art/es Y addendum or change order hereto unless it is si,,,,2,~ ~- P~- - ' .Th.e C~lffY shall not be bound by un representative of the CITY. Th~ C'c~r~ ~,..r~,,,~ ? ~ cxeeunve omcer or s~ach other au rized 0 . . . -~,v '~'~,,J~.,a.qanl~ Sllatl not be _ tho____ rder hereto unless it is slrmed b" °" ~n___ _~ .... bound by uny addendum or chunoe ~-- J ,~, ,~m~r ot me CONSULTANTS. ~ XVIII. MISCELLANEOUS.- A. Litigation: It is understood that the fixed sum payment amount set forth in Paragraph III (A) does not include compensation to CONSULTANTS for assisting the CITY in litigation in which Page7 C,,ONSULTANT AGREEMENT the CITY may be involved. If the CITY desires assistance from the CONSULTANT in litigation, the parties shall agree in writing on the compensation. B. Records: All records relating to the work XlX. ~OTICE: 1 be deemed such other extended however, written notice. oa ~ (30) days inat~ this Agreement t!p ,.,'~ :; XXI. ENTIRE UNDERSTANDING: · e COntains'the entire understanding b. etween tbe. P~¢~ ~a~..d_dn~°2m~°~dificati°n or This Agr ement . . · ' ' tiao artte~ a~,~,. alteration of this Agreement shall be binding unless endorsed m writing oy P XXH. BINDING EFFECT:_ This Agreement shall not be binding until executed by all parties. IN WITNESS WHEREOP/tho pa~fies hereto have executed this Agreement by their duly authorized representative~ on the date first above written. CONSULTANT AGREEMENT P~e8 ATTEST: McMahon Associates, (CONSULTANTS) By: Title: ATTEST: (Seal) CITY OF BOYNTON BEACH By: Title: F:~I0003 ~..0~DOC~ConsultAg~m~nt. DOc Page 9 CONSULTANT AGREEMENT SCOPE OF SERVICES: , , Task 1- Inventory/Agency Coordination This meeting . CITY, at the produced l. We ~ ~ I documentation, in¢it~d~ng~ the ~rigin~l ~D~~d the nin,~ (9) ·- ,'; ..... ' '; ali a h~ab¢ ~ ~ : · ' :, -· :-' ration: wfth the btain anal ,reme~ - PE mtn t ~ ndta,eg~s~ [!~ , g~-, ,, :. ~: . ..... nfOrthattonavallableto~ co s T t. features, and traffic control 4. Secure all appropriate existing and' future land use dam for the. study area, as available from the cITY. Task 2 - Review:of NOPC --Amendment No. 10 1. Evaluate the.transportation elementS of the previous nine (9) amendmentS. Cross-examine the findings of transportation elementS with the otiginal DRI and Development Order (DO). 2. Separately review the transportation elementS of the proposed Amendment No. 10. CresS~examine the findings from this review with the original DKI end DO, and determine consistencies/inconsistencies with the plan. 3. Evaluate tho proposed Amendment No. I0 against the criteria stipulated by the Treasure Coast Regional Planning Council Determine if the NOPC meets the established requirementS or is classified as a substantial deviation. 4. Evaluatethenumber°fvestedtripsf°rthe°figinalDRL DetermineiftheNOPCAmendmentN°-10 meetS the vested trips, or exceeds, thereby resulting in a substantial deviation. 5, Evaluate the land uses. Determine if the land uses proposed in the NOPC, Amendment No. 10 match those consistent with the CITY and the DEl. Task 3 - Reports, Meetings and Project Administration 1. We will prepare a draft report from our review/analysis, and submit to the cITY for review and commen~. The report will contain thc information collected from Task 1, the basis for the review. Appropriate graphics will be included in the report. We will provide five (5) copies of this draft report. Also, each meeting 2. We will meet with cITY staff to disenss the draft report and address commentS- will be documented and included in the report to support the consensus for the plan. We assume that three (3~ meetings, following execution of the contract, will be required during this process. The first meeting will be project initiation, and the second meeting will be to review the draft report, and the CONSULTANT AGREEMENT Page I 0 third meeting with the CITY Planning and Zoning Board. Each meeting will be documented and - included in the report. ~. eXl. iot the CITY.to Coord;,,o*~ ~-,:-~ -~ ~- . received to date. This · ,,,~ ~tua me IJRI apphcanL 4. The final rep°rtwill be f°rmally Presented at one City planning and Zoning Board meeting. 5. The final report'~vil:l be mga'ified ~Y th; cONsULTANT and resUbmitt d ~C? based on ~he e°mmentS reeel;~ed frown the C~ P~a~;' ~ _ .? ,~ final review by the ntteen(l$)copie~Bfthefinai~e ~ ~:. ~y ~a~mmga0dZoningBoard, We :' · .... · .~ ~ ~ P0rtgncea roxtedb : - . .. .... ...· wfllmsubm~t Manager s designee. PP 5' the Planning:and Zbnmg Manager, and/or the F:~M00037-P~12)~CUMENT~ConzultAgi~m~iLiX)C Page ! I CONSULTAN'~ AGREEMENT PROJECT SCHEDULE: The EXHIBIT B each in writing. The schedule f control schedule. rrnay are beyond the of the CONSULTANT AGREEMENT FEE - LUMP SUM ~Including Expenses) EXHIBIT C P~el2 Task 1. Invemory/Agency Coordination Project Manager 2 Hrs x $105.00 Transportation Engineer/Planner 16/Irs Sub-Total x $70.00 18Hrs Task 2. Review ofNOPC - Amendment No. I0 Principal-in-Charge 2 I-Irs x $130.00 Transportation Specialist 2 I-Irs x $150.00 Project Manager 8 Hrs x $105.00 Transportation Engineer/Planner 16 Hr~ x $70.00 Sub-Total 28 Hfs Task 3. Reports, Meetings and Project Administration Principle-in-Charge 2 I-Irs x $130.00 Transportation Specialist 2 l-Ira x $150.00 Project Manager 16 Hfs x $105.00 Transportation Engineer/Planner 12 I-Irs Clerical x $70.00 Sub-Total 4 I4_m x $45.00 36Hrs Sub-Total Direct/Indirect Labor, including overhead and profit Direct Expenses Photocopy Co/w & color), mileage, report reproduction 2 210.00 2o.oo $1,330.00 260.00 300.00 840.00 l_,120.00 $2,520.00 260.00 300.00 1,680.00 840.00 180.00 $3,260.00 $7,110.00 $320.00 Total Contract Costs $7,430.00 F:LM00037-0~OCUMENT~Consul tAgr~an~nt. DOC IV-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM D.! AGENDA ITEM REQUEST FO ttv Requested City Commission [] March21, 2000 [] April4. 2000 [] April 18.2000 [] May 2, 2000 NATURE OF AGENDA [TEM Date F[ual Form Must be turned in to CiW Clerk's Off~ce March 8~ 2000 I5:00 p.m3 March 22, 2000 /5:00 p.m3 April 5, 2000 (5:0rfp.re.) April 19. 2000 (5:00 p.m.) Administrative [] Consent Agenda [] Public Hearing [] Bids [] Anuotincement Requested City Commission [] May 16,2000 [] June 6, 2000 ~J~ lune 20, 2001J [] July 5, 2000 Date Final Form Must be Turned ~lerk's lVIay 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.~ ldne 7, 2000 (5:00 p.m.) ~ ~' JUne 21, 2000 (5:00 P.mo [] Devel,ol~.ent Plans [] New Business [] Legal [] Unfin/sh~d Business [] Presentation RECOM3'IENDATION: Please p/ace the request below on the May 2, 2000 Ci co ' · Ratnficatnon of Plarmmg and Develonme ~'~ ~"~^- Th ~-, - ty remission agenda under C6nsen ~ nt Bo ...... u. ~e ~'mnnmg and Development Board ~vith a unan/mous vnotta recommended., approval.. (there,are· no ~onO,/fions.~ reconnuended.bv staff ..... further details pertaining to this request seeattached :.~; ~ _ n,or the P1 _arming and Der inpment Board. F _ Departmen~ of Development Memorandum ~o. 00-110 ) or EXPLANATION: AGENT: umP~U~ty of t~oynton Beach ' DESCRIPTION: Request to amend the Land Development Regulation Chapter 2 Zonin~ for oveaClay Z0ning districts, the Martin Luther King Boulevard Overlay District,t° establishandasetbacks.new section PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVEs: N/A De~~Director arming and Zoning' TO: FROM: DATE: SUBJECT: Chairman and Membe?s. ~ Planning' and Deve oP~~:Board~ Michael Rum~[~--- P arming and Zen ng Director April 21, 2000 Martin Luther King Boulevard Overlay Regulations Code review (CDRV 00:003) ~ .AT~ OI= REQ~UEST t'n that the cry estab S~;ii'~th~ ~ttil Lutl~~,ing Boulevard (MLKB) Overlay Zone and Staff is reque g ..... ~, .~.~....; .. _.._~..;;~,:;~ ,~stabush the bounda~ for the overlay corresponding, setback reg~ a~o~ ~ Th~s' .eff~' ~,;"rep~'~' s'"~ ~: ~s ..... t~e~i~creme~a mp eme~at. 0n. ~f the and se e~ed setback regulat~o~ ~, ~ ~'~ ' ' - w ~ch are to d stn~ h enera recommends e~ · , Plan,wh~c ,ng ..... Vmsmon 20120 Redevelopment , ,~ . , ..,~ '. :~: -' ~ ' nco standards orthemes and I~m~t o e amendments ma~ ac~meie .~w: ~ es~g~n~ a~peaCa . be defined by ~ d ~. --; ~-- -~- ~-~ :-.,~eva~ 'Cor~ dor is one of four (4) pnma~ d b the reaeveopman[ Pau,' ,-~ ,~ ~ =~- d sir cts dent)fie Y ~ .- ~ ~ ~;2~X~JJ ~=,,i~ ~nA to the Land Development nt FO osed a oflg me ~[F oor ii~, ptuFv~............ . . deve opment curre Y P P ~ ~e ;d~s~mct' ..... 3 definition and ~undanes. andprowd_ ng. bas)c Reoutations are hmited to estanm~shment of th . , ~ Y ~elopment standard. ...... - ....... - . ha o~ on of the MbKB oc The MEKB Oved~ s prCpo~d to~in~e~h~ot,~t e~EEO. ~ R¢,l~.~d'~=~-~ ~ R~g~t"; of-~a:' ,r"~, ?rd8 ~' ~d~"~g those'prope~ es ~-.~ Cost- Boueva~-~nd west ~- .~,. ..... . .. . east of Sea ,- - ~ '. -- +~¢ ~t¢~¢f ~ ibit "A" ~ Location' Map). adjacent to the parcels thai ~rom u.., .... · ~ on ¢~heVson ......... ,-.~ .- .,-~ =~-in~ .dfSEi~,ls on y one step~t¢~ t!~Plemantab . ~ . . The aoot~on ot this over~ay ~u,.o ~,,,,,~,, ¢; f~,. (;;j~i~*,:~r;.~[~"~'~evard CO~[~or~,'~e~ ano Redevelo lent P an recomme~ ?~ ~n~ ~w~:~!~ ~ .[~,; ?: ~ ;.. ~ _; . ;, ~?_~n_ round 20/20 ,P~ % ~ r~ ~'~ ~S ~¢~ '''¢ '~'&~ n an are D6i~o ,d[epCreo ~or.me' and use .... map ale ~ : ' ~"- ' ~- "~h~ ,.~ t~ be bm_U~, fo~atd, at~ the .June~,. 13 , 20 , of large-scale amendments. [ne~ ?e .cu~e~ ~,~.~l h=-~ )~- +he Citv~Cemm)ssmon O~ June Planning and Development Board Heanng' and the .... ..... , ..... ~.,.~,~ 20~, 2000. tablishin the overlay, in its ent rety, will be taken after public,~put iS gathered The fina step toward es, , ~ ........ .~in~ ~h~ des red future character 0~ the area' and the ' f ne hDornooa meetings [o u~t~ ............. . d n through ~ series ~. _, g .... ndina Uoon the comprehensiveness of the utttmate o~d~y, the undo y g uses to De pe~l[~ea. ~p~ .... ~ -- zoning districts may be replaced with the corridor overlay district. BACKGROUN~ The subject corridor is currently zoned C-2, Neighbo~ood Commercial at each end, with the central ' nd Two-family dwe lng distdct Building and ~ ~e mgu~tions for the R-2 and o~ on zoned R-2, Single a.. . - ~'B 3'~Sf,~e Cit~'~;Eand Development P ..... e2 Zon~n ;-Se~ons 5.F.2 and, . .., ~.~ . . . C-2 zoning districts are ~n ~c~ ._ ..~ g. .,._~ ~. ,~ .... e~,, atidns'~romotes typ~l strip center Regulations: The minimum front yara SetDaCK requ~[~u uy ..~. u- ~ - ' ' u front and buildings set toward the~rear of the lot. This arrangement ~s development with parkJn~ p , ~ = ' n lev ent bb~ee~ businesses elong a corridor. destination-oriented an~ aoes not promot~ pedestna ...... em ANALYSIS The MLKB Oveday would include those prope~ies fronting along that poRion of the MLKB located east of Seacrest Boulevard and west of the FEC Railroad Right-of-way, and would include those propeffies adjacent to the parcels that front on the street. Page2 Memorandum No. PZ 00-110 Martin Luther King Boulevard Overlay The proposed setbacks, compared with existing setbacks, are shown below ('also see Exhibit "B"): , REGULATIONS t = -~ t ~ · I Side setban~------- --' ~ I 30 fi- ~ --, ~ Notes: The current m ~ .=,grit ;"or a singl~~ Cu ~ ~ ¢ ,,,= ~. me N-2 d~strk t is 30 ff~ The minimum setDack for ~rner lots is proposed to be 3 ff minimum a 3d 12 feetmaximum. With respect to uses these interim Changes would also continue to recognize districts, until such time that the public as~iats with finelJzing t'~ overlay ~d th~ uses The analysis has focused on development standards be ng employed, both b Beach County and nationwide, to faciiitate the dbvelopment and rede~ commercial areas that are pedestrian-fd&~dly. A Common theme n all of th c0mmerciai ~ses to build ~t, or close to,,:,the sidewalk edge whenever p~ areas to the~rear of buildings wheqever ~ssibl ' ' f(~m zero (0) feet to twenty (20~ ¢¢,~- ~ ' ..e. In the codes reviewed b, s~dewa k, amount of veh c-;'- '~-'-~'~' ~.epenclant on severa factors ' · u,ar [ramc a~d sos n,-~,-,,'~ .... ~ncl _. u __ ,- ..... r(eo m the overlay:- increase in areas where existing sidewalks are narrow, in corridors w th hig~ areas where setback a[eas may be used f;or display of merchat~dise Or sid~a Staff recommends that ~the Vision 20/20=Rede creation of a new sect on fnr ~,,~,~;,, ~ vetopment P~an con 'nu~ he undefly/ng zooing ultimate list offp~rn~ tted ocal goverCm, en~S in Palm Iopment of; h~i~hborhood n iS the en~:~Ur~ement of ~l,e, andto 10cat~ parking ~t~ff, fror~ Setback~ range ling width ~, the existing ts an, e:~ar~i~e, .se~backs lum~s.of:da~l~,, traffiC, or in cafes. . e ~mplem,e.n~ed' With :the the ~stabll~S~ent Of the .=loPnient st~{n(Jards ('see MR:dh J:\~HRDATA~P~ann~ng~SHARED\~P~SPE~PR~J~Regu~ati~n~ver~aysW~LK~MLKstaff~p~rLd~c MARTIN LUTHER KING OVERLAY DISTRICT E~HIBIT "A'L.. EXHIBIT B Overlay Zones Mar~in Luther King Boulevard Overlay Zone ~ore.a ,n need of redevelopment and revi't~'/?z~L,~u~m-er~',ng BOulevard as an ~mp;ement the development and .,_,_~_-,,u.. m~s section is created . ~gn ~Ommendations n the Redevelopment Plan intended to create a /radltmnal street co~idor with pedestrian improvements, storefronts along the sidewalk, and a mixture of Uses. The corridor s to ~ntain anpottedambien~ supP ~ed by pleasant signage and building happearance, ands~p~n~ ~.o~ ~d ~an~ P~bfic openoccurS~eS.accordingAfl develbpme~t~e within the ~a~inu' StoreLutherWi~doWS,King 2. Defined. The Matin Luther Kin Boule established as the am- ~ .... g.. yard Overlay Zone is - ,, the Bou evard ~__,7' ~" ~?,u~ oy the parcels ~ontin~ ~- .~-. ,]~reb~ R~, ...... . ' ,~ eas~ of ~eacrest Bou~ ...... '~ ~- ~-~ pomon of .~'~% r~gnt-of-way, along with those ___~,~wra..ana we~t of the F.E.C ~uum of the ~,-~ ,~, , .... _ ..~[els aaJacent to the nodh and development as-~-~,o ,.~ ,un[ on me UOUevard if assembled and a Unified project 3.2(6)(B).Permi~ed uses. As CUShily defined in Chapter 2(5)(G~ and Chapter Prohibited uses. Rese~ed Development Standards. a. Front setback. Parcels that have frontage along MLK BOulevard shall have a minimum Front setback of 3 feet and a maximum front setback of 12 feet. b. Minimum side setback from interior lot lines shall be 5 feet. and a minimum of 3 feet and a maximum of 12 feet from corner lot Pines. c. Maximum building height shall be 30 Feet and subje~ to other provisions of Chapter 2 (4)(F). d. Lot regulations stated within Chapters 2(5)(G) and 2(6)(B) except where Supemeded by the regulations stated herein. Signs. Rese~ed Design Standards. Rese~ed Landscaping. Rese~ed Parking. Rese~ed 7, 8. 9. IV'CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D,2 AGENDA ITEM REQUEST FORIvl Requested City Cowanission ] March 21, 2000 [] April 4, 2000 [] April 18, 2000 [] May 2, 2000 NATURE OF AGENDA ITEM Date Final Form Must be Turned Requested City Commission in m City Clerk's Office Meetino Dates March 8, 2000 (5:00 p.m.) [] May 16, 2000 March 22, 2000 (5:00 p.m.i [] June 6, 2000 April 5, 2000 (5:00 p.m.t [] Julle 20, 2000 April tg, 2000 (5:00 p.m.} [] July 5, 2000 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.~ lune 7, 2000 (5:00p.m.) June 21, 2000 rS:00 p.m ~ Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place the request below on the May 2, 2000 City commission agenda under Consent- Ratification of Plauning and Development Board action. The Planning and Development Board with a 6-1 vote, recommended approval subject to staffcommems as amended and additional conditions related to baffling of light fixtures a ~c0n, d entrance, and mrculatton signage. For further details pertainin¢, to this re ............ ' t~eveiopment Memorandum No. 00-108 = ,~ ~e aunanan ~Jepartment of EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BETHESDA MEMORIAL HOSPITAL (PARKING LOT ADDITION) Russell Momson, Kimley-Hom & Associates. Inc Bethesda Memorial Hospital East side of Seacrest Boulevard between SE 24t~ Avenue and SE 25th Avenue Request for new site plan approval to construct an additional parking lot opposite the existing hospital on 1.44 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Director ) ' C~tffMahager's Signature City Attorney / Finance / Human Resources TO: FROM: DATE: Chairman and Members Planning and Development Board ~dch~el'W. Rumpf i~ec/0r of planning ~ind Zoning April 20, 2000 Agent: Owner: Russetl Morrison, Kimley-Horn and Associates, Inc. Bethasda Memorial Hospital Location: On Southeas~'24t~ Avenue. ± 100 feet east of its intersection with Seacrest Boulevard File No: Land Use AmendmentJRezoning (LUAR 00,001) Property description: Vacant property consisting approximately of 0.48 acres, classified Low Density Residential with a density bonus for ACLF ,if approved as-a conditional use. and zoned Single Family Residential (R-1AA). Proposed change/use: To reclassify the subject property from Low Density Residential to Office Commercial, and rezone from Single Family Residential (R-1AA) to Office and Professional Commercial (C-I). Adjacent Land Uses and. Zoning: North: Right of Way of SE 24~ Avenuo, then farther north developed medical offices classified Office Commercial with C-1 zoning South: Developed single family homes classified Low Density Residential with R-1AA zoning East: Developed single family homes classified Low Density Resklential with R-1AA zoning West: Vacant property under common ownership with the subject parcels classified Office Commercial with C-1 zoning, then farther west, the right of way of Seacrest Boulevard. PROJECT ANALYSIS The criteria used to review Comprehensive Plan amendmentS and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. The criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan I~umre Land Use Map. a. Whether the proposed rezoning would be conststent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency. Planning Division ~nd the City's risk manager. The planning department shall also Page 2 Bethesda Memorial Hospital Parking Lot File Number: LUAR 00-001 recommend limitations or requirements, which wouM have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. ~ According ro the Comprehensive Plan Future Land Use Support Document, under the "Discussion of Supply and Demand for Commercial Land" the following is recommended: "The Future Land Use Plan. which, is proposed for the City and area to be annexed by the City will ~.~ snnho;id~!;o~llc~nteh: ~an~tt~}p_~e_d demand for co,mmercial land through b¢lld-out. There ore, the · , ~*~ ~ tuna use to commercial categories, beyond that which is sh0~a~ on the proposed Future Land Use Plan, except for minor boundary adjustments, small inffll parcels, or Policy 1.19.6 or'the Land Use Element reads: "The City shall not allow commercial acreage which is greater than the c projected, unless tt can be demonstrated that the additional commercial acreat proportion of commercial acreage on the City's Future Land Use Map to e: commercial acreage on the Palm Beach County Future Land Use Map. T commercial unless a particular property, is unsuitable for other uses, or a which cannot be fulfffied by existing connnercially-zoned property, and the emand which has been e would:not require the ~ceed the propomon of ~e City shall: not allow ~eographic need,exists commercial use would comply with all other applicable comprehensive plan policies." (emphasis adde l) t~:a2;:L~;s~;o,,fs~llP~:~,,un2eern~nn~indt erg~n., r~osF~rlda Department of Community Affairs classifies · P P. amendment would provid~ a tmifled zoning with parcels to the west that are also owned by Bethesda Hospital and would allow for - ' , - lot for the Hospital. Need for the additional "arkin,- s ..... : ..... ~.e d. evelop.me~!t of a F~rking Bethesda Memorial H . v ~ va~ ~ uocumemea m a In-h0use parkin Stud for ,, . ospital prepared by Kimley-Horn and Asso commercim lanct use is bein- ~ ..... ;- ~,~[=~ m ,~ugus~ 1995~ Technicallv ~ auu~u to me Puture Land ' Use Plan map; however, as an~illary parking for the hospital it is of a highlyspecialized nature. Whether the proposed rezoning wouM be contras, to the established land ase pattern, or wouM create an isolated district Unrelated to adjacent and nearby districts, or would constitute a grant welfare.°f special privilege to an individual property owner as contrasted with the protection of the public The proposed rezoning would not create an isolated district, but would relate to the adjacent lands to the west under the same ownership, and would coincide with the eastern extent of similar zoning on the north side of SE 24th Avenue· c. Whether changed or changing conditions make the proposed rezoning desirable · :t No conditions have actually changed which now justify the prOposed rezoning. Th~ subject acreage is · necessary to create a site of sufficient size to make the project feasible I ' / ! d. Whether the proposed use would be compatible with utility systems, roadw facilities, ay& and other public Page 3 Bethesda Memorial Hospital Parking Lot File Number: LUAR 00-001 The proposed rezoning would represent no increases ~n potential impacts upon city utility systems. With · acts arking lots do not have any inherent trip generation potential; however, by utilizing respect to.trgffic ~mp ' P , - ~ ........ hl,r ,~n,~nt~xt on the nrol~erty, the applicant indicates that the hi hest trip generatmg lana Use tn~;} ~ ~ u--~,,r the nronertV With respect to solid waste theprojected~ net daily .~ncrease. ~: . :m~- trametter ' dat~' Janggry"'P ' 6, I ~.CIOQ~-~--, la~,,~ ..... etato~}~: ..... t~t~ ad~cmite- CamCO'... ~. exists., to the SQlfd ~Wast~Author}ty, m...1 ... - ~ ,-~ -~,.:~-~ m:.,~ hlanhihotnenod~c Lastty;d ~nage will aI~o be coun 's mui,aclpatgles tilrougllou[m~,.xu ~E ~' r . . accommodate the. ty ......... n an and must satis~ all reqmrements of the 9~ty and local revieWed in detail as part ot me review or me dr ainage,.p ermitt~g~authorities. the and site be c'o~tracted~ i~ith. . . ~apprfival as a The f aS ~cMd'~wh~ct~~ig ?eaS°nahly retated!~t° the. ne~ds of the parking area .and currently tezoning and to the needs of the the cnmmunity at large. h. Whether there are adequate sites elsewhere in the city for the proposed use~ in districts where such use is already allowed. The subject re~rtg'is directly related to needs specific to the hospital: sites elsewhere in the city would not meet those needS; CONCLUSIONS/RECOMMENDATIONS- t is consistent with the iht*at of the Comprehensive Plan; will not .create As ' icated hereto, th~s reques - ~4~.;.~,,~d in the C mvrehensive Plan, will be ___ md .... ' ~--~ ~ .... ~t Been alltlc~t,,~,~ .ut ____ O _ additional impacts on mxrastrucmre mat tx~xvv~ compatible with adjacent land uses, and :will contribute to the overall economic development of the City. Therefore, staff recommends .that the subject request be approved. ATTACHMENTS MWR:dh EXHIBIT RE~C FEET / / f f ~EX'HIBIT B I Conditions Of Approval Project name: BETHESDA MEMORIAL HOSPITAL- PARKING LOT EXPANSION File number: NWSP 00-003 Reference: Revised 2nd review Comments New Site Plan. File # NWSP 00-003 with a ApriY11, 2000 REJECT DEPARTMENTS X Department No. 98-45, X POLICE Comments: il. Th, facility. DIVISION emergency access to this X on the Landscape Plan that the perimeter hedge abutting S.E. 24~ Ave., 3. SpegifY __~ ..... ~.ave a mlnimum height of four (4) feet within Seaar~st Blvd and S.E. g~ Ave. snau aa . t mid shall be maintained at a minimum height of five (5) feet. 7.5, Art. II, Sec. 2 and 8ce. 5 DIVISION nprovements that are shown on the approved application forms are available in the Building Division of the A permit submittal checklist is available in the Building identifies the basic documents that the Plans Analyst checks for submits for permit review. PARKS AND RECREATION NONE X X Bethesda Memorial Hospital - Parking NWSP 00-003 of 3 DEPARTMENTS The plans should indicate which oD. he Slash Pines (14), Sabal Palls (3) Banyan (I) and Camphor (2) trees will be preserved, relocated or removed/raplaced on the site. There are a total of tWenty (20) existing trees, which should be indicated onthe plans. PLANNING AND ZONfNG X REJECT 6. On the site plan. Provide a d/mension for a typical parking stall width. (City drawing Locat (Ch. 7.5, Art. II, Sec 8. Provide a note on the Landscape Plan stating that a mimmum of 50% of required material is native species. Plan, Policy 4.45) 9. Provide a note on the Landscape Plan indicating the type of irrigation and source of water. ICh. 4. Sec. 7. C) is not permitted. Revise note on Landscape Plan Detail sheer 6 of 7. 11 Replace all °r s°me °f the Slash Pine trees proposed for the required perlleter trees along Seacrest Blvd., S.E. 24t~ Axle. and S.E. 25t~ Ave. with a canopy tree Live Oak. 12. Where feasible, place the hedge on the outside of the required buffer wall, adjacent to the residential zoned property and / or construct a more decorative buffer wall. 13. Place required replacement trees along the inside of the buffer wall adjacent to fixtures. 14. Label the required landscape buffer on the Landscape Plan sheet 5 of 7. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 15. Amend comment ~ 3 to read: "Specify on the Landscape Plan that the perimeter hedge abutting S.E. 24t~ Ave., Seacrest Blvd. and S.E. 24t~ Ave. shall have a height of four (4) feet within one year ofmatority and s,h, all be maintained at a height of four (4) feet. (Ch. 7.5, Art. II, Sec. 2 and Rec. 5. I6. Explore the possibility of providing a second ~nrrance for the parking lot on SE 25t~ Avenue to provide for a better distrilltion of traffic flow ona~_d offthe site. 17. Provide traffic signs at the exit(s) which direc~/raffic toward Scacrest Boulevard away from the residential neighborhood. 18. Include meaanres to mitigate any adverse llpacts of the gite lighting on the adjacant residential ~ such as timers and light shields. ADDITIONAL CITY COMMISSION CONDITIONS 16. To be determined. X X X X X X X X X X FLORIDA pROJECT NAME BETHESDA MEMORIAL HOSPITAL (PARKING) APPLICANT'S AGENT: Russell Mordson, Kimley-Horn & Associations : THE ..... ' '~ ~' ~:~"=ICATION BEFORE CiTY COMMISSION: May 2, 2000 DATE OF H~=Ai-~I~ I~,AI ir . ;, ~. TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Southeast corner of Seacrest BouLevard and SE 24th Avenue and ..... extending sOUth to SE 25th Avenue DRAWING(S): SEE EXHIBIT "B" ATTA~CHED HERET°. M ~ER came before the C ty Commiss on of the City e~ Boynton B~ch! Florida X THIS A~ . . · 'ss on hereb adopts ~ ~ ' te above. The C~ty Comml ..... ~Y ~ ..~ ~ . -~ ~ a ear ng on the Consent Agen.d..aon th~e~la :~ .... ~':" wh ch BOardf0und as:fo ow~ PP.. . ' ~ · Deveio ment Board .findings an'd ~ecommendatlon otme Planning and P OR THIS MATTER came on to be heard before the City Commission.of the City of Boynton - ' e of hearin "stated above. The C ty Commis, sion~aving ~0nsi~r-ed.'ithe. Beach, Florida on the dat .. g _. ,,~,, : ' ant,-members of city administrative relief sought by the applicant aha neard t~=t,,,,~nY from the apphc . staff and the public finds as follows: 1. Application for the relief sought was made by.the Applicant ina manner consistent with the requirements of the City's Land. Development Regulations. The Applicant X HAS ~AS NOT established by substantial competen~ evidence a basis for the relief requested. · ' for development requested by the Applicant, administrative staff, or The c°nd!!l.°ns.. -,. ~-~ ~hnnn~ted by Substantial competent evidence are as set suggestea Dy.me puol. c a[~u -~,-,--- -~-. , - ,, forth on Exhibit "C" w~th notation Included. The Applicant's application for relief is hereby X GRANTED subject tothe conditions referenced in paragraph 3 hereof· __ DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall.be made in accordance with the terms and conditions of this order. Other DATED: City Clerk P~uast~d Cky Commission [] ~, 20o0 Date F/aal Form Must b~ Turned _iD to City Cl~k's Om~ Mamh 8. 3~0 (5:00 p.m.) ~h 22, 2000 (5:00 p.~.) A~ 5, 2000 (5:~ p.~) A~ 19, 2000 (5:00 p~.) R~quest~ City Commission [] May 16, 2000 ~ Ju~ 20, 2~ I~-CONSENT AGEND ri'EM E NATURE OF AGENDA ITEM [] Admkdstrative [] Development Plans [] Consent Agenda [] New B~iness [] PubticHearing [] Legal... [] Bids [] Unfinished Business [] Announcement [] Presentatten RECOMM~_~ATION: Motion to approve the application of Robert Katz for City sponsorship of his project known as the Boynton Shipwreck, Inc. for the Round III Development Regions Core Grant program. EXPLANATION: Robert Katz has submitted an application to the City, asking for our _s, ponsorship of his project known as the Boynton Shipwreck, Inc for Round III of the County s Dpvelopment Regions Core Grant prog{am. A coPy of the relevant portions of h s applicat ~)n is attached. The request is for the use of all $65,000 that Palm Beach County is making av~ailable to the City in the Round III program. He is also asking the City to match the County's contribution with $16,250 City funds. Mr. Katz plans on putting a minimum of $418,750 of his own funds into the project as well. PROGRAM IMPACT: As proposed, the Boynton Shipwreck project is the restoration of Boyntonls oldest commercial building (circa 1909). Located at 502 East Ocean Ave., this 6000 sq. ff~ structure has been used, :most recently, as an antique store known as the Antique Attic. Mr. atz plans to convert the site into a restaurant and bar, with outdoor dining. S :~BULLETL~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA' ITEM REQUEST FORM Since the Core Grant program is'a job creation program, Mr: Katz has proposed creating the following jobs: 2 managers 6-10 bartenders 8-12 5,7 2 At a minimum, 23 jobs will be created, with.the potential for a total of 33 jobs to be created. · ' eated to gqvernment money granted will be no more than Therefore, the ratIo of jobs..cr . z ~5 z~a:):12 o r iob Palm Beach County's maximum $3,532.61 per job, and p ~_,[Y .... ~fiev her lob created allowance threshold is $10,0'JO OT gran~,,.- ~'r · * ~AL ~Z~: ' 'S 25% match obligation if Funds are available in account ~21-0000-247-0t-~t to meet. the C~ty the City Commission desires to approve this application. ALTERNATIVES: To not approve this grant application, and to deny sPonsoring this grant application before- Palm Beach County in their Round III Development Regions Core grant program. Economic Dev~_~ment ~-~ment Name City Attorney / Finance / Human Resources S:kBULLETINWORMS'~GENDA ITEM REQUEST FORM.DOC APPLICATION FOR PALM BEACH COUNTY DEVELOPMENT REGIONS GRANT PROGRAM The Development Regions Grant Program provides redevelop nt assistance in the DeVelopment Regions (both the Glades and Coastal Areas) to su~por~ economic reinve's~ne~nt.,u,_ _ mereaand diversification,' teasing job growth Refer to specific grant criteria for questions. One a ' ' aliRREinA°~Tti°n Application Submittal Date: month day year Please check the, type of grant: CORE [[ or COMPETITIVE [ t ' a ~ t~° D.¥ (~RESPONSirI~E pAllTy): t Address: , te~n~ t~ '~ ~ ' ' L/ Federal I.D.# NAME OF BUSINEss APPLICANT: Address: . ~, _ Telephone: 1' Description ofapplicants, projeet~ ~ ~ ..__..om. I/2 :00b'' n 5' 2) Project location address ~<~ ~' 3) Project:iS in a:' Core 4) Proposed Starting Date Please note: may not 5) Estimated Funding (® Do not include in-kind here.) ,, ~o~g;.<ce of Fundirtg County ~ Local cash Private Other TOTAL · Matched local cash may include cash values Of the following: Utilities and Water/Sewer Hookup Costs; City's Occupational License Fees; Required designatedpaf~ing spaces in~owntown area; and Donation of land, huild~gs, ~d easemtnts (must use Propergz Appraisers Assessed V~lu~). 6) Minimum requirement from municipal ty or non,profit organization: 25% cash match for C0re,Gta~t 5 00/o:cash match for competitive Grant Please send in justification for.waiver Of funding. List .type and amount of each "in-kind contribution"?It~-kind contributions will no~ be used as a match in the above estimated ~anding. ~ ~ ~ Type $ $ $ DR 1/24/00 2 $ $ $ $ 7) Lis! the name of position (ex. manager, receptionist, etc.), hours per week and hourly wage that project will create. Name of Position Hours/Week ~O~ ~0 Total number of full-time equivalent jobs to be created. ~ (Please note: 2,080 hours/year constitutes one (1) full time job.) Number offufi-timejobs existing__ (~ 8) Describe briefly how applicants' project will benefit the community. NOTE: 9) ~ction of the, ro'ect ro osal. This a lication il Executive Summary of Business Plan with description of project; project time-frame including phases (if. an.y); c. budget must show'tWo to fi~e year projections; d. submit a'Statementor Ofg60d standin~ bi IRS for grant requests under $5.000; business' last 3 years tax returns; ' or all regulatory requirements must be satisfied; and other information deemed necessary by the Economic Development h. status of financial'commitment for project. (CoP~ of loan !etter or ~.ood faith letter from a bank committed to project indicating ifi0an/s a c subject to the co t~ ~r~nt I onditton ' With the exception of facade projects. L Justify feasibil~tyof~project by applicant. Please limit proposal to 15 pages. Additional information may be required byapplicant after submittal. Mike Tarlitz Economic Development Coordinator Palm Beach County Pamela L. Nolan Development Regions (561 ) 355-3624 Program Manager (561) 355-6835 Once corn lete lease return Our or/ inal a lication and 6 SIX co. les to.'_ Palm Beach County Governmental Center Pamela Nolan, Economic Development Specialist 301 N. Olive Avenue, West Palm Beach. FL 3340 [. 10th Floor (561) 355-6835 FAX (56 I) 355-6017 Onlv one cody of each tax return is required DR 1/24/00 cib~s concern PhaSe I At~I15-3Q May~5 July1 August 15 A_-gust 15 18-22% 4.Liquor 25-25% 5oFood 35.37% &papersuppr~s 7.t.alx~'- 24plus% C~/o~. ~i i~ to ~t~ 1milton ~ ~ ~ ~1~ maintainin~ a 1 ~% m~ltin- 1, 1~ 3. I~T~ (~~r~) [ ~ . ~ ~m~l~~~s~ ~ to ff~'=e{ Wilft yOU ---- - ~P~, ~A~ review o; our sklbrttj~, j w~N, dd h3ye ~ ~_ _ ~: .......... tO Q CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 1'V-CONSENT AGEN DA I'TEM F Requested City CommissJon_Meetir~ Date~ _ [] March 21.2000 [] ADri~ 4, 2000 [] Apd118. 2000 [] May 2. 2000 NATURE OF AGENDAITEM Date Final Form Must be Turned into C tv Office Requested City Date Fina Form M_u, st be Commission _M~etino D2f¢. Turned in to City C~erk s March 8. 2000 (5:00 p.m,) March 22, 2000 (5:00 p.m.) Apdl 5. 2000 [5:00 p.m.) April 19,2000 (5:00 p.m.) [] AdmJntstrative [] Consent Agenda Public Headng Bids [] Announcement [] May 16. 2000 [] June 6. 2000 [] June 20. 2000 [] JulyS, 2000 May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m.) J[.ne 21. 2000 (5:00 p.m.) Development pans ew Business Legal Unfinished Business Presentation inhabitants ansan eyesore for the community. uepa~ t, nent ~d~ Sianature Department of Development Division of Commumty Redevelopment Department Name RECOMMENDATION: Staff recommends the approval of funds for Housing Rehabilitation Case ~2-98-024, Rita E. Yeskey, residing at 1025 S. W¢,23r~ Argue inthe amount of $t4,861. This amount i~nc udes the everag ng of Florida state Housing Initiatives ~artnerShip (SHIP) grant fundino in the am Beach H°me Improvement fund nn in th~ am~,.~ ^¢ e~ .... ." .... cunt of $10,000, and City of Bo nton o ,~., u. ~-~,oo~. wmcn includes a ten percent (10%) contin en~ for any ~Jnforeseen problems that may be disclosed, g Y EXPLANATION: Housing ret~abilitation is the second strategy used ~ith SHiP funds. The applicant has applied fo~ assistance to have her~h~me, in wh ch she has resided ac roximate her daughter, and four (4) arend6'hildre~ -~--,- ............ PP. ly 23 years, and now shares with Yeskey has been certfied a~s ve~.,iow i.~,-".~..~.i.~~ea mroug,n,tne ~-ity-s Home lmpr vement Program Mrs. · z- .~,umu wm~ an annual Income of $28223.00 The repars include the replacement of the roof, doors arid wnd0ws; replacement'and repair of bathroom fixtlles; interior and exterior painting e ectrical upgrade and plumbing Cepairs. PROGRAM IMPACT: The rehabilitation of th s property wou d convert a s?standard s~ucture n the commun ty into a safe environment, meeting theiu. S Housing and Urban Development s National Objective. FISCAL IMPACT: The costs associated with rehabilitation of older dwellings are e pensive. The ability of leveraging iocal funds with State G~ant (SHIP) funds, gives ttie City the' ability to addreeXts th s issue effectively without 5earing the entire burden. ALTERNATIVES: Failure to adequately repair the dwelling will result in an unsafe environment for the 'ty Attorney / Finance / Hbman Resoumes FLORIDA HOUSING FINANCE CORPORATION 227 North Bronough Street, Suite 5000 = Tallahassee, Flodda 3230.1-1329 (850) 488-4197 · Fax (850) 410-2510 RESIDENT INCOME CERTIFICATION - HOME OWNER State Housing-Initiatives Partnemhip (SHIP) prOgram ~,e~ve Da~e: "1 ~q ~ ' A. Recipient Information (select one) a. /~ Current homeowner -~b. ': Home 13uyer: ~!: E~isfing-Dwelling Newly Constructed Dwelling Down Payment.Assistance: :~C; ' ;i L; ~ P,~,'~Pal B~Oow'n ' .~ I=~habil[~ation C os ng Costs l~t~rest Subsi ~ Emergency Repmr 5 . · I Totai Cash V, elueofAssets. . ' ' O(b) $ iq- "-"-~' ~' Total Incom~iffom Assets ~ ~ -:;:.~_L,_.,han$5000 mu t piy that amount by the rate speci~ed by HUD (appIic~ble rate 2.0 %) and enter results in D(C), ottlel~v~se leer SHtP-RIC (Owner) Rev. 04/1999 Page 1 of 3 E. An Wages / Salaries (include tips, Member bonuses and- Enter total of items E(a.) thrqugh E(e) unearned Benefits / Public Assistance : paid on behalf of minors. Asset Income (Enter the greater of box or OOX D(c), aoeve. in box E(e) (e) Recipient Statement: The information on this form is to be used to determine maximum income f~e~g~b~ty~/wehavepr~v~ded~f~reachpersonset~rtn~n~tem~acceptab~eve~ifica~d~no~ current and anticipated annual income. I/we certify that the statements are [TUe and Complete to best of my/our knowledge and belief and are given under penalty of pe~jury: WARNING: Florida Statute 817 0rovides that wJJJ~ul fa se statements or m srepresentation concerning income and assets or liabilities relating to financial cond tion is a misdemeanor of the first degre~ and is Punishable by fines and imprisonment provided under S 775.082 or 775.83. Signature of Spouse or Co-Head of Household Date SHIP-RJC .Owner Rev. 34/1999 Page 2 of 3 SHIP Administrator Statement: Based on the representations he~in.,and upen the proofs and documentation submitted ~3ursuant to item F, hereof, the family or individu~at(s) named in item C of this Resident Income Certification is/a~e eligible under the provis oas of Ch~ter420. Part V, Florida Statutes. the family or individual(s) constitute(s) a: (cbec~ one) ~=~-~i~c~d0es no~;'eAceedso~: of ~11~'~ ~ed ~ !~meras, ~3e~erm!ne° ~y' ~,"=. '.~' -: '~ ~ ' ..... forbouser~olO size n~n~rtment 'of HouS n(3 a~d;Urbari-:~evelopmeRt~with~adju~, tments ~i"~=,n~t ~,zcned 8:0% of tt~rearmed ab-income as aeterml0eo Dy tn~ · - ....... ad ustmentsfor~househald s~z DepaAm~nt of.HO~stgg ~id ~ ~.~y~g. mertt wiU'l ~J , ,, ~ (~ax~mum income I;!mlt~ Ho p~ ~ i~ duals or faro ii'es wbo~, annua ~.m ~ mum Income E~ 8tatistical ~,(~un~; F~n~ Signature of the SHIP Administrator or His/Her Designated Representative: (Sigr~ature) Name (Print ur type name) Title H Household Data (to be completed by Administrator or designee) NOTE: Number of Persons 8y Race / Ethnicity it ~yAg. Special Target I Special Needs (Check all that apply) ;nformat$on concerning the race or ethnic;ty of the occupants is being gathered for s[,,[i=[[~,~; use only. Nu occupant is required to give such thformation-unless he or she desires to do so. and perusal to g;ve such information witl not affect any right he or she has as an occupant. SHtP-RIC (Owner) Rev. 0411999 Page 3 of 3 VZZI"FUTURE AGENDA ~rTEMS ~r'rEMS A, B & C FUTURE AGENDA .~TEMS June 6th mendfng C~ty of Boynton Beach Pay Plan 200_0 Approve consultant for ]~ndustrial Avenue Corridor Stormwater ~m .r. ovement Pro'ect _ ~-~n{i~ed discUSsiOn on billboard ORDINANCE NO. 0 00- AN ORDINANCE OF THE CiTY COMMISSION OF THE CITY OF' BOyNTON ,BEACH, FLORIDA, AMENDING "CHAPTER 18, ARTICLE IV; PENSIONS FOR 'ENTITLED ' 18-222 PLAN"; PROVIDING FOR CONFt./CTS~ SEVERABILITY, XE-LEGAL l"rEl~! A.1 ,WHEREAS. ~e-Ci~Commission of file Qb/of Boynton, desires to amend of the code of ordinances of bhe Ob/ to 0mvide for a Deferred THE ~ COMMTSS]:ON OF r, OF BOYNTON B~CH. ~ORIDA~THAT: for Rmfighters, SeclJon 18- ~o~-Plan" is hereby ~at~ to mad as follows: 18~!22.~ Def~ ge~rement Op~on Plan (a) A de~ r~Yement op~on plan CDROP'~ is hereby ~t~ (b) Bigib:i~ ~, pa~cipa~ in ~e DROP is ba~ u~n eligibili~ fOr do~ai s~ice m~mment in ~e Plan. (c) Pa~dpafi~n in ~e DROP mu~ ~ ~ercis~ wi~in ~e fi~ ~i~ (30) yearn of employm~t; provide, how~er~ ~at pa~cipa~n in ~ DROP, when combi~wi~ pa~cipau°n ~in ~e refimme~ plan as an a~ve member may not ~ ~i~ (30) yearn. ~e. maximum :pedod of pa~cipafion in ~e DROP is five (5) y~m. (d) participate in the DROP, service, accrued benef'r~ and compensation calculation shall be frozen and shall utilize the the five (5) highest of the ten The (f) (g) (h) All {as fixed rate of seven percent account utilizing the Board. the City at in the DROP, DROP .~ month in which the In the event that a shall be pro- :he month preceding (i) the death of the member. Upon barmination with the Qb/, an employee may receive, payment within forb/-five (45) days of the member reque~ng payment or may defer payment until a time not later than [-he late~ date authorized by Section 4~1(a)(9) of the Internal Revenue Code at ~he option of the member, Sum i DROP may be received as a lump (k) No the I until the (m) Cib/ If an employee shall die during partidp,ation in the DRQP;~ ~i: survivor benefit shall be payable in accordance with the form of benefit chosen at the time of entry into the DROP. Upon commencement of partidpation in the DROP, the irnen~ber shall no longer be eligible for disability retirement from the pension plan. ]7 a member bec°n~e~ disabled during th~ DROP p. edod, the memb~ Shall be treated as if he/she retired (~n the daY Prior'to the date of disability. ~ Ea~.h and every other Section of Chapter 18, not herein amended, shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be ,invalid, ~uch, de~ision:,- shall -.not affect the remainder ,of this This said ordinance. effective immediately ~O~ .I~YNTON BEACH, FLORIDA upon this day of commj~j.Ciener Clerk CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM X];-LEGAL [TEM C. 1 Requested City Commission Meeting Dates Date Final Form Must be Tume~, in to City Clerk's office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] March 21. 2000 March 8, 2000 (5:00 p.m.) [] May 16, 2000 May 3, 2000 (5:00 p.m.) [] April 4. 2000 March 22, 2000 (5:00 p,m,) [] Jude 6,2000 May 17. 2000 (5:00 p.m.) [] April 18, 2000 Apdt 5, 2000 (5:00 p.m.) [] June20, 2000 June 7. 2000 (5:00 p.m.) [] May2,20O0 Apd119. 2000 (5:00. p.m.) [] July 5, 2000 June 21,2000 (5:00 p.m.) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] ConsentAgenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Staff recommends that the Commission approve Resolution R00- granting conveyance of Special Warranty Deeds of three (3) vacant lots located within the Cherry Hills subdivision to the Boynton Beach Faith Based Community Development Corporation. The division recommends that the resolution have a clause with language that will require that the land is used within two (2) years, or it will revert back to the City. The legal descriptions of the lots are as follows: The East 19 feet of Lot 298 and all of Lot299, CHERRY HILLS SUBDIVISION, as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida; and Lots 312 and 313, CHERRY HILLS SUBDIVISION. as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida; and Lot 403 and 404, CHERRY HILLS SUBDIVISION, as recorded in Plat Book 4. Page 58 of the Public Records of Palm Beach County, Florida. EXPLANATION: The ?,synton Be_a, ch Faith Based Community Corporation has requested city owned lots to use m conjunction with their Handy'Man program by buildin§ affOrdable housing for iow-income, first time home buyers. This program was designed as an incentive to attract and train unemployed, unskilled residents. particularly those identified as "welfare to work" individuals in the construction industry. This effort was designed to attract individuals, possibly single mothers, to non-traditional, higher than minimum wage type jobs. PROGRAM IMPACT: The City currently has in its inventory of vacant land lots which are located in the Cherry Hills subdivision. Although we have been successful ~n assisting one (1) family in building a home in that subdivision, it has been somewhat of a task to attract others to this area. The pending success of this organization will '~elp rid the area of land that is currently unsightly with trash and debris and aid in the effort to eliminate slum and blight. FISCAL IMPACT: The building of affordable housing will add to the tax base, as these vacant lots are not producing any taxes at this time. ALTERNATIVES: None. - $(~p~a~rtm-e~ R'e~rd's Signature Department of Development Division of Commumty Redevelooment Ci~ Manager'S Signature City Attomey/ Finance / Human Resources Department Name RESOLUTION NO. RO0- A : THE CiTY OF THE WHEREAS, the City ~:currerlUy holds;~ee simp e ti~ es to certain vacant lots located in the Cher~ Hills Subdivis on. WHEREAS,, Boynton Beach Faith Based Community Development Corporation, a non-profit organization, has,a: "Handy Man" program designed to build affordable housing for IoW income, and first time home' buyers of the City of Boynton Beach. WHEREAS, the "Handy Man" program !is~des gned as an incentive Go attract and train unemployed, unskilled, residents of the City of Boynton Beach. WHEREAS, Boynton Beach are to Work" Faithf Based Community Development Corporation desires the. City to convey certain lots located in the Cherry Hills Subdivision to De USed in conjugation with ., "Handy Man" program by building affordable housing for Iow income andfirst time.home buyers. WHEREAS, the Commission upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to grant conveyance by Special Warranty Deed of the tl~'ee (3]) vacant lots within the Cherry Hills Subdivision to Boynton Beach Faith Based Community Development Corporation for its "Handy Man" program; legal description of the three lots are as follows: The East 19 feet of Lot 298 and all of Lot 299, CHERRY HILI~ SUBD~IVISION, as recorded in Plat Book 4, Page 58. of th~ Public Records of Palm Beach County, Flodda; and Lots 312 and 313, CHERRY HI~L~ SUBDIV;[S;ION, as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida; and_ Lot 403 and- 404, CHERRY- H]~LLS SUBDIVIS1~ON, as recorded in Plat Book 4, page 58 of the Public Records of Palm Beach County, FlOrida. WHEREAS, the construction of affordable housing on the vacant lots will public and eliminate slum and blight conditions within the Cherry Hills Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CZTY COMM1'SSION OF THE CITY OF BOYNTON BEACH, FLOR/DA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to grant conveyance by Special Warranty Deeds of the three (3) vacant lots within Cherry Hill Subdivision to the Boynton Beach Faith Based Community Development Corporation. Section 2. The Boynton Beach Faith Based Community Corporation shall use the said three (3) lots within two C2) years of conveyancer or the lots will revert back to the City. Section 3. This Resolution shall become effective immediately upon ~assage. PASSED AND ADOPTED this day of Hay~ 2000~ Mayor Commiss oner~, Commissioner City Clerk (Corporate Seat) ~:ca\Reso\3 warranty deeds to Faith Based Comm. Devel 050200 129' NW NW Ilth A XZ-LEGAL TTEM A. 1 ORDINANCE NO. 0 00- I{ AN ORDINANCE OF THE CITY COMMISSION OF TEE CITY OF~ BOYNTON BEACH~ FLORIDA, AMENDING CHAPTER 2 . ADMINISTRATION, SECTION 2-13.2 Ia) PROVIDING FOR TWO (2) ADDITIONAL MEMBERS QF THE COMMUNITY REDEVELOPMENT AGENCY, TO BE APPOINTED BY THE CITY COMMISSION IN ACCORDANCE WITH THE ~ROVISIONS OF CHAPTER t63.357 (1) (c), FLORIDA FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. it is in the City to add two Community 163.357(1) ~ and has ~termined that the citizens and residents of civilian members to the in accordance with Chapter NOW, THEREFORE, BE IT ORDAIR~u BX THE C~TY COMMISSION' OF THE cITYOFBOTRTONBEAC~, FLORIDA, THAT~ Section 1. That Chapter 2. Administration, Section 2-13.2 shall rb~ amended by adding the words and figures in underlined type, as follows: Sec. 2-13.2. City Commission as governing body of comanunity redevelopment agency.* (a) The City Commission is hereby appointed and declared to be the board of commmssioners and the governing body of the co~unity r~development agency for the entire community redevelopment area. E~feo~ive the da~o~ 2000,. the ~overnin~ bo~ of the ce~nni~, Redevelo~nen= A~ency shall be e~ncled to include ~wo (2) addi~ional ~-~her~, .ap~in~ed by the Cit~ Co~{ssion in accordance wi=h the provisions of Chapter 163.357(~)(c), FloriclaStatu=es. Section 2. All ordinances Or parts of ordinances in conflict herewith be and the same are ~ereby repealed. Section 3. Should any section or provision of this ordinance or portion hereof, any paragraph~ senuence or word be declared' by a court of urisdictio~ to be the remainder of :.granted to.~codify of ApriI~,~ 2000~o become 000. ef, fective day FLORIDA Mayor' VioeMayo= ' Mayor ProlTem ATTEST: Commissioner City Clerk Commissioner MEMORANDUM March 29, 2000 TO: FROM: RE: Honorable Mayor and City Commission Cherof, City Attorney (~]/~L~ 3ames A. Proposed Ordinance - CRA Membership This proposed Ordinance amends the existing CRA provisions of the City Code to add two (2) members. This proposed Ordinance represents Step 1 of the process to expand the CRA. Expansion should proceed as follows: Step 1. Step 2. Step 3, Step 4. Amend Ordinance Develop qualification criteria Seek qualified applicants ~or appointment Appointment The cdteda for a qualified CRA member who is not a memoer of-the Commission may be e-tablished bY Motion, Resolution, or Ordinance, depending on the degree of formality the commission wishes to follow. Florida Statute requires that the minimum qualification for a CRA member is that he or she must reside or engage in business within the City. CC: Wilfred Hawkins, Interim Oty Manager Central Rle TO: THRU: FROM: RE: DATE: CITY OF BOYNTON BEACH MEMORANDUM Honorable Mayor and City Commission Friday, December 03, 1999 XZ-LEGAL i'TEM B. 1 The City through several ordinances codified under Chapter 21 of its Land Development Regulations have provided that all non conforming signs and b Iboards ocated w thin the city imits be removed/Changed, 0t altered to c~nform to the provision of the signage code by December 31, :t999. .P?.sen .t~y, there are sere .ral non conforming sings and billboards Iocat~ within the C ty iimits who may not be able to meet the December 31, :1.999, phase out:deadline. City employ: _e~s have met with Republic Media ~[nc. operators of three outdoor bi boards n t~he City to discuss options. RepubliC' Media has a ~.987:leaSe agreement with the landoWner to operate and maintain me billboards through, September 30, 2003. There ,a.r..e. addi.tlonai ~ree or'four non conforming billboards in the city owned by other omooar~ operators. Based upon discussion with ,~.,e [nterim city H.anager, one option is to enter into leaSe ag~entS, permitting the billbOard~¢ompanies to relocate on City owned property along ]~nter-state 95. Thts opuon'WOUld require Commission's discussion an~l direction given that it involves a significant policy issue. CC: Wilfred Hawkins, Interim City manager Hike Rumpf, Director of Planning Scott Blasie, Code Enforcement Supervisor S:ca/Comm/Signage Code rnen~ to Comm. ORDINANCE NO. O 00- I~ AN ORDINANCE OF THE CITY COMMISSION OF THE CiTY oF BOYN~ON BEAcH~ FLOR[DA AMENDING LAND ARTICLE II, IN :BY THE A WHER~ I signs, are WHEREAS~, 'the City CommissiPp,Pf ~eCty of BoYnton Beach, flodda of the citizens and residents or.the the ~City and Section 1. That Article II, Chapter 21, Section 3. Of the LDR is hereby amended by adding the words and figures;in, underlined type and by deletinG.the ~ords and figures in struck-through type,~s follOWS: ~,RTICLE II. VAR[ANCES/EXEMPTIONS AND PROHIBITIONS ~ection 3. Prohibitions. The following signs and related equipment are prohibited in all districts: T. Off premises signs, except those permitted under Article III, Section 6 or Chapter 22; Article II, Section 7, Paragraph O and, Article ~! Section 3; Paraaramh W. W. Billboards The term billboard, as u_~ed in this Chapter shall ~ ~ ~r adverU inq as d~r.--~ · ....... . =,,.=._~= in nazer e~ Florida tatutes,: Billb rd~ re r hi ite in all zmg districts in the and nder the ~ II Wir~ ~ mm, . [J a. The ~~il b -- .cate- n -rooertv ! -=-nc n~e ~.n:- j ~ ntt, ~-, : ramp. int~earitv~ e~. =-- within 2-0 fe f Section 3. All laws and ordinances applying to the Oty of Boynton ~each in conflict with any provisions of this ordinance are hereby repealed. Section ,~. Should any section or provision of this Ordinance or any ~orUon thereof be declared by a court of competent judsdictilon to be invalid, ;uch decision shall not affect the remainder of this Ordinance. Section 5.' This Ordinance:shallbe¢omeeffectJveimmediatel¥~ FINAL day of April, 2000. [] March 21.2000 [] April 4. 2000 [] April I8, 2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form M .u, st be Turned Meet/ng Dates in to Cig/Clerk.s Office March 8. 2000 (5:00 p.m. March 22. 2000 (5:00 p.nzj April 5;'2000 (5:00 p.m April 19, 2000 5:()p:m.) Requested Cit~ Commission Meeting Dates [] May 16, 2000 [] June 6, 2000 [] June 20. 2000 [] July 5, 2000 XI-LEGAL ITEM B.2 Date FmaI Form Must be Turned in to City Clerk's Office May 3, 2000 5:00 p.m.) May 17, 2000 (5:00p.m.) June 7. 200£ (5:00 p.m.) .June21.2000 5:00 p.m,) NATURE OF AGENDA ITEM [] Admkfistzative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfin/sh~d Business [] Armouncement [] Presentation RECONIMENDATION: Approve Ordinance No. Re: Amending Chapter 18, Article IV, Pension for Firefighters; creating a new section 18-222 - Deferred Retirement Option Plan (DROP) EXPLANATION: A DROP Plan is a deferred receipt of retirement benefits from a defined benefit plan. During the DROP period, the employee is permitted to continue worldng and receiving full pay while accruing in an account for later distribution, the full value of an employe's retirement payments. Employees must retire on a date certain and can only participate in the DROP Plan for a maximum of 5 years. PROGRAM IMPACT: Approval will provide an additional retirement option for employees. May assist in HR management by anticipating vacancies and grooming replacements. FISCAL IMPACT: Based on an actuarial study by Steve Palmquist of Gabriel, Roeder, Smith & Co. there would be no additional cost to the City. ALTERNATIVES: Not offer a DROP plan to members of the Firefighters Pension Plan. Department Head's Signature Ceity Manager s S~gnature Deparnmem Name City Attorney / Finance / Human Resources S:\BULLETINZFORMS~AGENDA ITEM REQUEST FORM.DOC )(/-LEGAL ORDINANCE NO. O 00- AN ORDINANCE COMMISSION OF THE c~rr~ "WHEREAS, the City'Commission of:'the Ob/of Boynton, desiresto amend Chapter 18 of the code of Ordinances of the City to provide for a Deferred ~,etirement Qption Plan for Firefighters; NOW,~ THEREFORE, BE I'T ORDATNED BY THE CZ'FY COMt4ZSSt'ON OF THE CITY OI= BOYNTON BEACH, FLOR/DA~ THAT: Section 1. That Chapter 18, Article IV, Pensions for Firefighters, Section 18- 122 entitled "Deferred Retirement Option Plan" is hereby created to read as follows: ;18-122; Deferred Retirement Option Plan (a) A deferred retirement option plan ("DROP'~ is hereby created. (b) Eligibility to participate in the DROP is based upon e gibili~ for normal service retirement in the Plan. (c) Participation in the DROP must be exercised within the first thirty (30) years of employment; provided, however, that participation in the DROP, when combined with participation in the retirement plan as an active member may not exceed thirty (30) years. The maximum period of participation in the DROP is five (5) years. (d) Upon exercising the right to participate in the DROP, an employee's creditable service, accrued benefits (el (0 (gl (hi and compensation ca culation shall be frozen and shall utilize the average of the five (5) highest of the ten (10) years immediately preced ng partc paUon n the DROP. as, -the compensation bas s. A~:cumulated, unused sick and vacation, leave shall be included in the compensation ca culation; provided, however, that a minimum balance of 120'l~ours of sick leave and 120 hours of vacation leave shall be maintained by the ~ exduded from this be , shall and made into the employee's DROP had led by payment Opt on. the: DROP shall Yays, of : deposit in the DROP account, The ( (1) Gain or,lose nterest at the same rate as the Plan; (2) At, an annua fixed rate of seven percent (7%); or, (3) In a self-directed account utilizing mutual funds selected by the Board. An employee shall terminate service with the C at the conclusioniof~' five (5) years n the DROP. All interest shall be credited to the employee's DROP account on the last day of the month in which the member separates from service, in the event that a member diJs while in the DROP interests-hall be pro- rated to the last btJsiness day of the month preceding O) the death of the member. an employee may (45) days of the ~ defer payment ~dzed (k) the (l) (m) iIf'-~n ~e~@l~h~!l-,d,i~;dpring participation in the t~e'of en~ m~o ~e DROP~ in the DROP, ~ eligible for disabili~ If a member DROP period, the if~ he/she re~red on the Section 2. Each and, eve~ other Section of Chapter 18, not herein ~y amended, shall remain in full force and effect as previously enacted. Section 3. All ordinances'~or parts:of ordinances in conflict herewith be and ~e same are hereby repealed; Section 4. Should:aqy section or prOVision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent invaliO, such decision shall not affect the remainder of this urisdiction to be ordinance, ,Section 5. Section 6. passage. FIRST READING this SECOND, FINAL ,2000. Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon day of April, 2000. READING AND PASSAGE this day C~q'Y OF BOYNTON BEACH, FLOP[DA Mayor Vice Mayor Mayor Pro Tern of Commissioner Commissioner 4 :it-,/Clerk GABRIEL, ROEDER, SMITH & COMPANY , ConsUltants & Actuaries 301 East Las Olas Bird · Suite 200 · Ft. Lauderdale, FL 33301 · g54~527-1616 · FAX 954-525-00~;"~ Janua~ 14,2000 Ms. Ba:'~lJa~"~ ~rgaDue, Pension Adm~inistrator Boynton Beach Firefighters Pension Board City of Boynton Beach 150 N.E. 2nd Avenue Boyr~ton Beach, Florida 33435 Dear Barbara: As requested, we ~ave determined the cost effect of adding a DROP to the Firefighters Plan. This study differs from our Ju y 30; 1999 letter due to the proposal that would require [hose entering the DROP to leave at least 12C hours of unused vacation and 120 hours of unused sick leave unceshed. The numbers shown are compared to the numbers from the Actuarial Impact Statement and to the July 30, 1999 results: Required EmployeriState Contribution As % of Covered Payroll Estimated State Revenue As % of Covered Payroll Required Employer Contribution As % of Covered Payroll DROP Plan Actuarial Impact 7/30/99 New Statement Results Results $697,890 $712,176 $689,111 15.36% t 5.67% 15.17% 351,241 351.241 351,241 7.73% 7.73% 7.73% 346,649 360,935 337. B70 7.63% 7.94% 7.44% As you can see, the new figures (reflecting the retention of at least 120 hours each of vacation and sick leave) result in a slight cost'savings to the City. We welcome your questions and comments. Sincerely your.%, J. Stephen Palmquist JSP/or Requested City Commission Me~/hg Dates ] March 21, 2000 [] Ap~4, 2000 [] April 18.2000 [] May 2. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in toCitv Clerk's Office March 8. 2000 (5/00 p.m.) March 22, 2000 (5:00 p.m.) April 5, 2000 (5:00 p.rru) April I9.2000 (5:00p.m.) R~ques~d City Commission Meeting Dates [] May l6.2000 [] June6,2000 [] June20,2000 [] July 5, 2000 Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.) M~y 17, 2000 (5:00 p.m.) June 7. 2000 (5:00 p.rml June 21, 2000 (5:00 p.m.) LEGAL D. 1 NATURE OF AGENDA ITEM [] Administtative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal , [] Bids [] Unfinished B(~siness [] Announcement [] Presentation RECOMMENDATION: Author/zation to enter into Forbearance Agreement with Republic M~edia Inc. [billboard operator) and Waker Janke and Alice Faye (landowners) EXPLANATION: 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 City limits be removed, changed, or altered to conform to the promsmns of the s~gnage code by December 31, 1999. On September 10, 1.9.87, the landowners predecesso in interest entered into a sixteen-year contract permitting Republic Media to operate three billboards on a property located at the southeastern comer of Lawrence Road and Hupoluxo Road. Recently the landowners sold a ?ortion of their property (parcel A) to a third party on which a "7-11" convenience store is currently being constructed. One of Repubtic Media's billboards is located on parcel A and desires to be removed in order to permit development of that parcel. The landowners and Republic Media have entered into a Forbearance Agreement, whereby the three billboards will be removed fi:om the property in exchange for the City's agreement To permit Republic Media to relocate at least two billboards alongside Interstate 95. Staff is in the process of drafting an ordinance, which if and when approved by the comrmSsion, w/il permit the City and Republic Media te execute a Lease Agreement providing for relocation of some of the billboards alongside interstate 95. PROGRAM IMPACT: Commissions' discussion and direction is necessary given that permitthag the relocation of the billboards to 1-95 involves a significant policy issue. FISCAL IMPACT: Same as program impact ALTERNATIVES: Deny the authorization and enforce the December 31, 1999, phase out deadline. Deparmaent Head's Signature Department Name SABULLETIN~FORMSXAGENDA ITEM REQUEST FOP,2vI.DOC City Manager's Signature City Attorney / Financd / Human Resources THIS L~ AN A(~.H~MEt~r by and between the City of Boynmn Beach, a Floricla~,,~ .- Medh, WHEREAS, Ownem as of june I, 1~:~ r~al pmper~ g~e~ly m~ ~m~ of ~= ~ ~ H~I~ ~. ~ ~ I0, 1987 ~ ~ i~ b~ ~ ~hi~, W~ will ~e ~ of~ ~0, ~; ~ ~ ~ s~ to I~e 1.1~ sold a W~S, ~blic ~ ~ l~e ~y'.~ I~ (3) ~r adv~ owned by Republic fi'om the Property; -1o Wit--S, RepuMic has distm~ the ¢itT's risht ~o f~ ~c ~vfl of ~c's si~ ~m ~ ~op~, ~ ~ ~i~ i~ i~ to d~ ~ ~ ~ a~ ~ &e ~ or O~ ~ f~ ~ rcmovfl ofi~ ~o~ ~v~ s~ ~m ~e ~ope~; ~S, Own~ ~ve ~icat~ ~ ,~ m ~ve a 1~ ~e ~e (1) o~oor ~v~g si~ 1~ on P~ A ~ov~ w~o~ ~yto ~ t~ ~er of ~c~ A m ~ ia-d~o~ ofP~ A ~i,~k~ by ~ ~ of ~ o~ adv~ s~ l~a~ ~; ~, ~ Ci~, ~b~c ~ ~s ~ave ~ ~ c~ to a r~o~ of ~k ~, ~ ~ ~ub~c w~ ~e m ~ei~ ~ (~) ~door ~v~ ~ ~m ~e ~ ~ ~e for ~e Ci~'s a~ to ~ ~b~ ~ ~ a 1~ ~ ~) ou~r ~v~n~ s~ on p~c~-~ p~ ~on~ ~ 9~ ~, ~ ~ of i~ ~ ~ ~ ~ublic, ~ ~ ~oush ~*~i si~ w~ ~~ 1~ of ~ ~ ~ a~; ~o~ ~ ~ ~ o~ ~ ~, ~ ~ ~ noi y~ ~ ~ to ~ ' ~ tlie lease o~ ~,se4 , advertising sign ~ Pa~cet A while a definitive .a~-ementi amon$ the parties is ~ and ~ provided that Republic's riF, hts and interests in and to the Proper~y incl'~i'~g Parcel A~ alld n~t ~Owners and the City, r~_mnin inf~ force:and, effeci, imaffected~by~such-removal of th~ s~g~ located on Parcel A and as if ~he sign was n~ver removed in fact~ anctp~ovided f-m~r tha~ Republi=:is' co~ by Owne~ for, ~he reveames los~ because of ~he removal of Republic's sign from Paxcel A; WHEREAS, the City and Owne~ ar~ willing m altr~ that Republic may r~move its o,,~aaor advertising sign lOCated on Pa..'ccl A forthwith, withou~ p~u~ice ~o any figh~s or inmests which P,~publ/c'holds in or tOthe Property includin~ p~rcel A, ami a/~ the City ot Owne~. as NOW, THEREFORE, in consideration of ~he sum of'Tea Dollars ($10,00) or o~h...~ tood a~d valuable comiderafion, induai~ ~ agreement of the parties m fo~ ~he ~ of the/r ~ or equimbl~ ri~ a~i~ on= o~ more of the oth~ parties pe~ain_~ ~ execution of a dctinkiv¢ a/reement in eccordance with the Fan/,,.' conceptual agreeme:ns, the receipt and sufficicncy of which ia hereby acknowledged, and fl~e rm,m~i cov~,,~,,~ and promi.cs conta/ned herein, thc City, Republic un~ Owne~ agree as follows: 1. F_ach and every WHHREAS claus~ s~.forth above is a true and correct recital and representation~ and is iacorporamd herein as ~ set fo~h fully.. 2. The C. izy, Republic and Owners a~ that-upon~x~mtion by all panics of ~ Forb~uc~ A~eeme~t, Republic ~ _r~move ir~ outdoor advertisin~ sign located on Parcel A as d~fined above without ptejudic~ whatsoever lo tl~ d~ts or interests of Republic in s,~ to the Property iar. luding Parcel A or ,ma~- its lease wi~h Owners, or otherwise as against the City snrt/or Owners. and as if the sign was not removed in fact. Red,lie a~,ws to remove i~s outdoor advertising sign located on Parcel A (or R~publi¢ ~ authorize others to do so in writing) withi,~ ~ (15) busings days after ~i, Forb~'-an~ A~'eeme~t is fully execs, ed by all parties. In ~xchange for ~he removal of Republic's sign from Parcel A, Ovmers agree ~o pay Republic sum of $2300.00 on a monthly b~sis as lost r~'~es, cn, r~,-i,,~, ~,o..~ the dat~ of th~ sign's removal through the e~- on which R~public compl~ i~ reinstallation of at l~st two (2) of i~s outdoor adv~i~ing si~s (now loca~d on the Prol~-tyI on publicl~-ownixi plol~lit~ alongside In~sta~ 9~ within the jurisdi~oaal limits of tbs City. as conceptually a~,reed by r~he panics. Rspubli¢ also ,~, be ~im~,n-s~d by th~ Owners for all costs associa~l with the r~noval of tl~ si~n frmn Parcel A. ~. TI~ City further a~rees ~,~ it s~, ~brb~ from exe. r~in~ any of i~s enforcement fights or l:~ve~ with re§ard to any of Republ!c's onrrl~or adverting signs ]~nti! all ~fons to _r~___!ve tl~ parties' differences have been 4. Ovm=s aide m forbear from =x=~hing any lc'Iai or ea~imble ~ :tl~ may ~d . ~,. · ..... ~-- i~ 1~ W~ 0~, ~ ~ by ~I~ C~ and p,~mblic of a lease ~ vw~iding fo~ ~e ~doc~ion of P,~public% signs now exis~ins on ~h~, P~opm'~ ~o such limi~.ami spewed lo~_aons along 1-95; b. Th~ failure of ~he CL'y m adolx ~u ~ as described in 6(a) shove w~i- ~' (90) days of ~h~ d~ of ~ al~'em~m- Cba!x~ 11 of the C~'s ~ ~ D~velopmc~ ReV~laii°ns- The decision m ame~! re~s with the disc~ion of ~he Ci~ Commissi°n- 8. Neithc~ this a~nent, nor any provision hercof, ~hail be admiisiblc in any lc~l or ,~,~i~i,u-a~ive l~OCeedint, nor shall reliance on.~his a~-c~, be con~lered detrimental or damaging to any par~y or providing any party with gt~u~r ~ights thall eliit al ~he ~ thi~ a~'~l~l~ ii exectl~ed, e~cep~ tha~ evidellce of dds a~me~t may be inlreduced in t~oceedin~ in which die l~eservalion of ~ha parties' rights darin~ ~e ~ of this a~reeme~ is pl~l a~ issue. IN WITNHS$ WHEREOF, thc pa~iea hereto have h~u~uo se~ their hands and $~ni¢ on the dalcs w~iuen below their si~namrea. sealed and delivered Approval as ~o l~orm n~vt 1.,,~!i~, lames A.Cherof Ci~ Auorne~ CITY OF BOYNTON BEACH Mayor Dated: Dar. ed: / ! I~OOX/QOL WALTER 2ANK~ Wime~: Dated: ALICI~ FAYE Wime,~: Dated: TO: THRU: FROM: RE: DATE: cTrY OF BOYNTON BEACH MEMORANDUM Honorable Mayor and City Commission .]ames Cherof, City Attorney Nicholas Igwe, Assistant City Attorney Phase out of non conforming signs and billboards Friday, December 03, 1999 The City through several ordinances codified under Chapter 21 of its La.nd Development Regulations haTve provided, that all non conforming s gns and bi Iboardslo. cated within the City limits be removed, changed, or altered to conform to the provision of the signage code by December 3:t, 1999. Presently, there are several non conforming sings and billboards located within the City limits who may not be able to meet the De~eml~er 31, 1999, phase out deadline. City employees have met with Repub ic Media [nc. operators of tiiree outdoo~ billboards in the City to discuss options. Republic Media has a :t987 lease agreement with the lan'downer to operate and maintain the billboards through September 30~ 2003. There are additional three or four non conforming billboards in the City owned by other billboard operators. Based upon discussion with the Interim City Manager, one option is to enter into lease agreements, perm_itting the billboards companies to relocate on .C ty owned' pr~perty along Inter-state 95. This opUon would require Commission's d~scussion and direction given that it involves a significant policy issue. CC: Wilfred Hawkins, Interim City manager Mike Rumpf, Director of Planning Scott Blasie, Code Enforcement Supervisor $:ca/comm/Signage Code memo to Comm. TO: FROM: RE: MEMORANDUM April 25, 2000 Honorable Mayor and City Commission Mary Ramsey, Legal Secretary Conflict Assessment Meeting held at Ocean Ridge XII. UNFINISHED BUSINESS At~ached to this Memorandum, please find a draft copy of the minutes from the meeting held at Ocean Ridge on Wednesday, April 12, 2000. Once the minutes have been finalized by the Town Clerk at Ocean Ridge, ! will forward them to you as soon as possible. Enclosure cc: Kurt Bressner, City Manager S:ca\Comm\ocean ridge. Memo PUBLIC MEETING HELD BY THE TOWN COMMISSION-FOR THE TOWN OF AX', At'KIL IX, 2000, AT I0:00 A.M. The meeting was called to order and it was n6ted that Town Maria-er ARorney Spillias, Town Clerk Hanes&k, Boynton 1~ Ci~ Wilfred Hawkins were present. .J ........ ~ ~u~ ~.urr~ano YNTON BEACH AND THE TOWN OF OCEAN RIDGE TO DISCUSS THE SUBtECT OF THE CONFLICT ARISING FROM THE TOWN OF OCEAN RIDGE'S DESIRE TO ACQUIRE LAND OWNED BY THE CITY OF BOY'NTON BEACH WITHIN THE MUNICIPAL BOUNDARIES OF OCEAN'RIDGE. At~y Spillias summarized theprocedures set forth in Florida Statute I64.103(7). Both attorneys concurred that this rne~ing was not a pubic hearing and any public input should be brought before each respective commission. Arty Spittias summarized the events leading up to this date by stating that in March 1999 the Town Commtssion made a determination that both Bovnton Beach land parcels would be needed for expanding the current inadequate Town ~tall. The Town hired Bill Doney, Esq. to initiate eminent domain proceedings if an agreement could not be reached with Boynton Beach. Subsequently meetings between Ocean Ridge and Boynton Beach look place, which produced a contract written by the City for the Purchase of both parcels at 10% above the City's appraisal of the properties which was presented to the Town. Also included Was a collateral interloeal agreement, which provided for overflow parking for the City and a represeraative f~om the Town serving on the Special Event~ committee for the City. He added that the Town even budgeted $20,000 to assist in 5omc of the speoat evems~ Atty Spillias advised that the Town approved the contract and interlocal agreement in December and returned the documents to Boynton Beach for its eXecution. The City voted two different txmes again to approve the contract and authorize the Mayor to execute the contract and the [nterIocal agreement; however, in January the City withdrew its approval. The/nterlocal agreement was executed by the City, however, the contract was not. Atty Spitlias stated that the Town believes that the con,tact is binding and enforceable and feet that they can still obtain the property either through a breachof contract~ stat or the original eminent domain proceeding. He added that the Commission leaned towards eminent domain or utilizing both options, however, they would rather not have to proceed in either direction and they ask that the C~ty honor the original deal Town Manager Durham showed a copy of the approved conceptual site plan, one of three developed by Kilday and ASSOC., for th~ new Town Hall and also a survey of the PUBLIC MEETING HELD ON APRIL 12. 2000 area. He advised that in developing the new building thc Commission wanted to keep the historical building. At this time both attorneys, Town Manager Dunham and Wilfred Hawkins took a tour ough the bu.ding, at 10: o *u and Red on at 0: 5 ommmgnng Oerween prisoners and res~clents or customers was potentially clang~"~us. Arty Spillias added that he felt it was obvions that the need was real and not a necessity, which is whal motivated the Commission. Arty Cherof advised it Was unnecessary to reiterate what the dispute is. However, fi'ora the City's perspective they felt that the contract is unenforceabl~ and they also felt that ~e Tow,n, wo~u.l,d b.e un. success ,fu!.in tak~n.g the land. through eminem domain proceedings oecanse me t. lty rose Ilas a pubac need .for the property, He acknowledged that k was obvious though that it was the public needs tha~ brought the two muniClpali~ies tog~thex in the first place, He stated that one such need was the parking issue, which was touched upon in the interlocal agreement, however, h/s Council was also concerned with the long- term security for this provision. He advised that the City,s two main concerns were on how to formalize thc futura of Boynton Beach's needs such as parking and how much laud the Town wanted and the price to acquire it. adding that the Councildid not feel ate Town wa~ paying enough. ~C(~,nc,.eraing t? con. ceptual site plan, Atty Cherof advised that he felt that altering the ommmg connguraUoa could result in more parking spaces. He also megtioned the possibility of a lease tnmsaetion for the south parent where either puny oWned it and provided parking to the other, however, the Town has expressed in the past that they were ;~sy inter,es, ted !n, .ownership of the parcel. Town Manager Dmaham agreed and felt the e womcl prot*a01y not satisfy the need. Town Manager Dtmham coma'named that the interlocal agreement provided a plus for both municipalities and he felt both had enough incentive to continue the agreement indefinitely. Arty Spillias questioned whether the City had any concerns on how and when the parking would be available to the City. Mr. Hawkins advised that the City did have concerns and they were seeking a more liberal understanding to allow parking anytime (day or evening) and not necessarily only for overflow. He commented that parking could become a major concern considering the increase in their population. Any Spillias asked if Mr. Hawkins if he was suggesting utilizing the proposed parking spaces even if there was still ample pa~king across the street. Mr. Hawkins stated yes to which Arty Spillias commented that this might prove to be a real conflict during business hours. Town Manager Dunham stated that the Town could possibly reserve a certain number of spaces during business hours. PUBLIC MEETING HE-~D ON APRIL 12, 2000 Alty Cherof questioned if the southwest parcel reeeritly.obtained by thc Town could be used and suggested moving the building to a corner of the property to provide more parking. Town Manager Dunham stated that the public safety building, which was built in 1978/9, is remainmg unchanged and the Commission would definitely be concerned with more pavement to possibly worsen the drainage problems. Arty Cherof asked the ,, ~ss~ xuwn W~OUlQ Ultimately like to ....... has a * ,~ ., ~,~ ,~,,-,-~ pprox~mately 30 ~/o useable space. Arty Cherof stated that the City expressed interest in a Right of Reverter clause a~d he understood that the Town would not object to this. Town Manager Dunham agreed. Arty Cherof questioned if the Town would have a concern if the overflow parking was addressed in a qtpe of document other than the intertocal agreement. Arty Spillias resp~r~ded by Stating tha~ if the City was only concerned with a format £o clarify both assues coma oe resolvecL fie added that if the City was interested in the Town obtaining less than all of the property or a higher cost then the staff could not make those representations. Any Cherof stated if an agreement could be reached to achieve the needs of both municipalities then the ownership pales but if an mutual agreement is not reached then the City would want to retain the property and effer the Tc~wn some other device. Town Manager Dunham mentioned that if the City only sold a ion of the property then the City would lose the o"-'o,'*-,,: ..... ' .... po~t p,p s ~lty ~ UtiliZe t~rle total area tot parking. Atty S~illias questioned how many more spaces were crea[ed in the concep site s~e plan ol~cr~ z~ more. Town Manager Dunham asked if the City was asking for more parking spaces to which hc was advised yes they were. A~ty Spillias inquired if the spaces were the minimum width. Town Manager Dunham stated he was unsure, however, adding more pavcmen~ may increase concerns cunsidcrin8 the recent commissioned drainage study. Mr. Hawkins stated that the City needed more parking, however, he shared the concern over fi.ee parking on these parcels and the City did not want to cause a conflict. Town Manager Dunham stated Director Hillery has advised him that the beach parking lot is only full 5 - 10 times per year Mr. Hawkins commented that the City cot~ld provide future.mere specific data and they were also looking into more marketing of the beach in the Atty Spillias clarified that. if the only two issues were the parking and reverter clause the st~. f.could meet agam to consider the modifications or present them commtssuons at a joint meeting, directly t~ Atty Cherof stated that the City would draft a document with specifics concerning the use for tong term parking and a reverter clause along with the two conditions that th~ Town still purchases both parcels and the price rernams unchanged. PUBLIC MEETING HELD ON APRIL 12, 2000 It was mutually decided that the Boynton Beach staff would present the modifications to the City at their May 2, 2000 meeting and the Town would also receive a draR document. ___ ~ ~"~ . ~ y .~. at ~v:vu AM to mV~ew the revisions and provide an u fiat r~o n-om each t;ommlssion. Pendin ......... , ~_ .~ ~ p c e ~p. ova~ oy u~ ~oyanon Beach Counsel the Ocean Ridge Commission would schedule a special meeting for the purpose of adopting the revisions. /f both Commissions flo not approve the rmrisions a meeting will be scheduled for 5:00 PM on May 16, 2000 (prior to the Boyaton Beach meeting) a~ Boynton Beach. The meeting was adjourned a~ approximately 10:55 A.M. Town Clerk VTII-FUTU~ AGENDA ITEMS TTEMS ~) Memo Date: 04/2612000 From:Sue K~use, Ci~.Clerk RE: Funeral Late Charges As requested; the following are the chronological events regarding the late fee instituteG fer fUnerals,at Boynton Beach Memodal Park: 06/08/99 Cemetery Board Meeting - Board members discussed with Parks Dept. e~p oyees the problems encountered with late a~ving funerals. Pursuant to instructions from ,the Board, a letter was sent on 6/21/99 to all r a~ea funeral homes advising consideration was being given to assessing overtime charges for ~unerals arriving more than one hour later than the scheduled time. 07/13/99 Cemetery Boa~ Meeting - Lengthy discussion by boar~ members, but dddt~g' thee pa~ month; only two funerals had arriveG 30 minutes late after ,the letter was sent. Cemetery :Board Meeting-- Report given at meeting that one funeral 08/10/99 ardved~ 1-1t2,~oUrs late on a Sunday when no other funerals were scheduled. Discussion by board members about Other cematedes charging late fees and request made for report of actual late funerals during past year. 10/12/99 c~rr!~ery Boa~ Meeting -Annual report reviewed by board showing ;. had ardved more than one hour late, with one funeral more than half. 10/14~99 SUrvey take~ of surrounding cemeteries regarding extra charges for late arrival times. Interoffice Memo 11/09/99 Cemetery Board Meeting - Report given at meeting that no funerals had amved late dudng the past month. Motion to recommend resolution b~ad0@ted by theCity C~i ~,ssk~n nsttuting a $200 per 12/16~99''-~ Age~:la L ~re~iew. Meet ~g; ~:; P~S~. mS0 ~ti~;i , ;~,~ ~n~ Sara~Wil~ms ~Or her ~ponSe, to this). 01/~/00 Ci~ C0mmiss~n H~ting - ~so[~t~o~ ,~;- ~0q~;adep~, wth ~ 01/10/00 01/11/00 01112/00 01/13~00 01/18100 02/08100 02/17/00 02/21/00 03/02/00 02/24/00 04/11/00 Cemetery Board:,M~!~g ~ L~r~g~,hy, di~.~§,,s C~m,a,,~ut who:shou d pay fee and ad~!n ~I~pm¢~du~m,~e~ ~e~f~ r~luflon Commun~ Fomm':~;:~ye~t~a~:~X~i,~tus of resolution. ' "~' ' receiving City Public Cemetery;;~,~.;~,M~e~g~/~,,~,c~l~:ssip,n;~about,~policy statement to ..... ~ - , ~i ~en~ B~sp ution No< R00 05 for s days m a~ow ~or Input ~m c~ng~e~ed ~mmunl~y:groups. Letters s their 11 I at April otice to Pubhc pub ~Sh P~ ~tating the above. Notice to Rublic pub ~ n Boy~on B~ch T m,~ stating the above. reported this had beer and forms were this matter. Cemetery Board Board voted unanimousl~ until policy for 04~26/2000 Interoffice Memo If you have any questions or desire copies of the minutes, newspaper a~ticles, letters, etc., please let me know. I will also be glad to meet with you personally to discuss this at any time. SUE XI-LEGAL ITEM A. 1 ORDINANCE NO. O 00- AN ORDINANCE -OF THE ~' CITY: COMMISSION OF THE Cl"P( Of rBOYNI?ON BEACH, FLORIDA, AMENDING CHAPTER t8,~ -AR-TICLE IV, PENSIONS FOR FIREFIGHTERS; CREATING A NEW. SECTION 18-222 ENTITLED =DEFERRED R_LCTIREMENT-OPTION PLAN"; PROVIDING FOR CONFI TCTS, SEVERABILITY, CODIFICATIONAND AN EFFECTIVE DATE. ', WHEREAS~ the- City commission oFthe City of Boynton, desires to amend Chapter18 of/~e/ code-of Ordin'anceS of the City to provide for a Deferred Ret rement OpUon Plan for~Fireflghters; NOW, THEREFORE, BETT ORDAINED BY THE crrY COMM[SS[ON OF THE C~TY THAT: Section ;~1. T~,at Chapter 1E, Article ,IV, Pensions for Firefighters, Section 18- 122 entJitled. D~er~ed,Re~Eement.~)pt!on Plan is he eby created to read as follows: 18't2P~ Deferred-ReQremen~ ~ption,, Plan (a) A deferre~l~ retirement option plan ('DROP') is hereby created. ~ (b) (c) EligibiJity to pa~Cipate in the DROP is based upon e g bit ty for ,~ serv ce retirement in the Plan. Participation I DROP must be exercised within the] years of employment; provided, in the DROP, when the retirement plan as f not exceed thirty (30) years. The ]rticipation in the DROP is five (5) election to participate in shall be irrevocable and shall be a resignaUon notice on a form (d) (e) (0 (g) (h) Upon exercising the right to participate in the DROP, an of the ten, in the un~ in same rate as (2) I fixed rate of seven percent account utilizing by the Board. ,service with the City at the DROP. account~ which the (i) O) (k) (m) member separates from service. In the event that a member dies while in the DROP interest s.hall be pro- rated to the last business day of the month preceding the death of the member. Upon termination with the City, an employee may rece ve payment w th n forty-five (45) days of the member requesting payment or may defer payment until a: time not later than; the latest date authorized by Section 40:L(a)(9) of the ]~nternal Revenue Code at the option of the member. Payments from the DROP may be received as a lump sum installment payment or annuity, provided, however, that at all times~ the DROP shall be subject to the provisions of the Internal Revenue Service. No payment may be made from the DROP until the. e~mployee actually separates from service with the Ob). If'an employee shall die during participation in the DROP, a survivor benefit shall be payable in accordance with the form of benefit chosen at the time of entry into the DROP. Upon commencement of participation in the DROP, the member shall no longer be eligible for disabi ity retirement from the pension plan. If a member becomes disabled during the DROP period, the member shall be treated as if he/she retilred on the day prior to the date of disability. Section 2. Each and every other Section of Chapter 18, not herein specifically amended, shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof,, any paragraPh, sentence or word be declared by a court of competent judsdiction to t~e invalid, such dedsion shall not affect the remainder of this ordinance~ ': Sec'don,; 6. said ordinance. passage. -- ,2000. :April; 2OO0. this mmediately upon CiTY:OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Hayor Pro Tem Commissioner Commissioner City Clerk 4 day of II-ADMINISTRATIVI! XT£D1 A LEON G. SCHWARTZ, D.V.M.; M.A. (Ad. Ed.) 3703 Medford Court Wellsley Boynton Beach, FL 33436 561-966-4050