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Agenda 06-06-00.lune 6, 2000 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA CITY MANAGER'S OFFICE b:3O P.M. Z, OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Father Mark Szanyi - St. Mark Catholic Church Pledge of Allegiance to the Flag led by Mayor Pro Tern Sherman D. ZF YOU WISH TO ADDRESSTHE COMMISSION:- · FILL OUT THE APPROPR.[ATE REQUEST FORM · G~VE ~1' TO THE C~TY CLERK (ON I~IE DA~S) BEFORE THE 'OPENINGS" PORT~ON OF THE AGENDA'HAS BEEN COMPLETED. AME ·COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR N lrNDZV~DUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. ADMINISTRA'I'ZVE: Appointment To Be Made Mayor Broening II Black III Sherman [V Fisher II Black III Sherman Mayor Broening III Sherman [V Fisher Mayor Broening I Weiland [ Weiland Appointments to be made: Board Children & Youth Advisory Board Alt Children & Youth Advisory Board Reg Children 8t Youth Advisory Board Stu/Reg/Voting Children &Youth Advisory Board Stu/Reg/ao~voung Bldg. Board of Adjust~nent & Appeals Alt Bldg. Board of Adju~b.ent & Appeals Alt Code Compliance Board Education Advisory Board Education Adgisory Board Education Advisory Board Education Advisory Board Education Advisory Board Alt Fisher - Library Board Reg Alt Alt Stu Reg Reg Length of Term Expiration Date ! yr term to 4/01 Tabled [2) 2 yr term to 4/02 Tabled [2) 1 yr term to 4/01 Tabled (2) I yr term to 4/01 Tabled (2) I yr term to 4/01 Tabled (2) 1 yr term to 4/01 Tabled 1 yr term to 9/00 Tabled (2) 2 yr term to 4/02 Tabled (2) 1 yr term to 4/01 Tabled (2) t yr term to 4/01 Tabled (2) 1 yr term to 4/0l Tabled [2) 2 yr term to 4/02 Tabled (3) 3 yr term te 4/01 Agenda City of Boynton Beach Regular City Commission 3une 6r 2000 II Black III Sherman II Black Nuisance Abatement Board Nuisance Abatement Board P. ecreafion & Parks Board Reg ~Jt Alt 2 yr term to 4/02 Tabled (2) 1 yr term to 4/0l Tabled (2) 1 yr term to 4/01 Tabled (2) ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: MulUcultural Festival at Sara Sims Park on Saturday, 3une 10, 2000 from 12:00 Noon until 7:00 p.m. sponsored by the City of Bo~nton 'Beach and the Boynton Beach Faith Based Community Development Corporation B. Presentations: 1. Proclamations: a. "National Garden Week'~- 3une 4-10, 2000 Orientation PowerPoint Presentation by Wayne Segal, Director of Public AfFairs Presentation of Bob Borovy Student CiUzen of the Year Award to Christina Milsted of Atlantic High School 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: 2. 3. 4. 3oint City C6mmission/Chamber of Commerce Workshop of May 3, 2000 City Commission OrientaUon of May 5, 2000 Agenda Preview Conference of Hay 11, 2000 Regular City Commission Meeting of May 16, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Award the "ANNUAL JULY 4TM FZREWORKS DTSPLAY" RFP #071-2710- 00/KR, to Zambelli Internationale Fireworks MFG. Co., linc., in the amount of $20,000 Agenda CityofBoynton Beach Regu~rCityCommission 3une6,2000 - Approve the "SURPLUS VEHICLE/EQLEPMENT I_[ST" as submitted by staff and allow for selling of same Award "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT"; BID #054-1412-00/KR, for an estimated annual expenditure of $100,000 to three vendors as follows: ..... ' -- ale / R~tz safety Equipment, [ Safety Equipment [Magid~ Glove 8~S ty [ Inc / Compahy ' ~ Mfg. Approve .piggybacking the CZTY OF LAKELAND, FLOI~DA, BID #87_05, awarded toHCI Indusb'[al Chemical for the PURCHASE OF 50 ¥o EAYO GRADE SODZlJM I-[¥DROXZDE" with e~mated ex~di~res of $80,000 Approve the purchase of, four (4) COMPAQ ARMADA E700 COMPUTERS from~ Southern Computer Supplies in the amount of $:~1~836 Approve Allied Environmental Consultants, Inc. for fuel ~ank replacement in the amOunt of $12,375 utilizing the State Of Florida, SNAPS AGREEMENT NO. 9731466 Resolutions: Proposed Resolution No. R00-7Z Re: Authorizing the full release of surety ($4,400) for the project known as Boynton Shoppes Proposed Resolution No. R00-73 contract with the Rrefighters Re: Ratifying the labor Proposed Resolution No. R00-74 Re: Endorsing the Habitat for Humanity proposal to partidpate in the Department of Community Affairs Community Improvement Act of 1980, thus becoming a sponsor for the Community Contribution Tax Credit Program Proposed Resolut on No. R00-75 Re: Authorizing the Mayor and City Clerk to execute an Assignment of Conditional Permit Agreement between the City of Boynton Beach and the 3925 Corporation and the Lake Worth Drainage District Proposed Resolution No. R00-76 Re: Authorizing a reduction in the cash surety for the project known as PGD, Inc. in the amount of $15,675 Proposed Resolution No. R00-77 Re: Aluthorizing the Mayor and City Clerk to execute an Interlocal Agreement between the City of Agenda City of Boynton Beach Regular City Commission 3une 6, 2000 Boynten Beach and the Board of County Commissioners of Palm Beach County as partners in the development of the Local Mitigation Strategy 7. Intentionally Lef~ Blank Ratification of Planning & Development Board Action: Don Tracy (Front Setback) - 31 Swallo~v Drive - Request for relief from Chapter 2. Zoning, Sect[on 5 (C}(2)(a), which requires a minimum front setl~ack of 25. fe~{: to allow a 15 ~o0t frOn~ setback? or a 10 foot front setback redUction (variance), to construct a single-family home Don Tracy (Rear Setback) ~ Chapter setbad< o' setback reduction (variance)~ to l0 relief from ~r a :[5 foot rear home Stor-AIIr '13me Extension (Umited-access self-storage fadlity)- Southeast comer of Old Boynton- Road and KnUth Road.- Request for an eight- month extension Of the conditional use approval gran]ted on May 4, 1999 which wobld extend ~eexpiration date of this condEional use approval from May 4, 2000 to -lahdarY 4, 2001 Odana Granite - Lot 50-A quantum Park - Request for use approval to add stone cutting and finishing to the C~uantum Park PID 'list of permitted uses for all parcels with an inciusb'iat master plan designation Oriana Granite- Lot 50-A quantum Park - Request for new site plan approval to construct a 24,010 square foot industrial/office facility on 1.42 acres Commerce Road Realty Co., LLC- High Ridge Commerce Park - Request for new site plan approval to construct a 20,380 square foot industrial/office/warehouse facility on 1.26 acres Sammy Berry Building - 110 Martin Luther King, .ir. Boulevard ' Request for new site plan approval to construct a 2,950 square foot retail/office ~adiity on 0.28 acre Authorize staff to negotiate a contract with the number one ranked engineering firm for the purpose of design, permitting, bidding assistance, and construction management of the Industrial Avenue Stormwater Improvement Project Authorize staff to negotiate a contract with the number one ranked engineering firm for the purpose of design, permitting, bidding assistance, and construction management of the Costa Bella Stormwater :[rnprovement Project Agenda City ofBoynton Beach RegularCityCommission 3une6,2000 Approve a Change Order to add a light tower to the Sabre Encore Heavy Rescue Vehicle in the amount of $12,086 Approve funding to complete $I00,450 in repairs and improvements to theTennis Center in an effort tO have a "Wodd class" facility to host the inaugural North Amedcan Corporate Games_(NACG) on October 27-29, 2000 cTrY MANAGER'S REPORT: A. Presentation of Questions & Answers for Proposed Stormwater ERU Increase (Verbal Presentation) PUBLZC AUDZENCE: TND[V'[DUAL SPEAKERS WZLL BE L[MTI'ED TO 3-H]~NUTE PRESENTATZONS PUBLZC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS None V~]~Z. FUTURE AGENDA ZTEMS: A. Review proposed policy for cemetery late arrival fee B. Update of Enforcement of Non-conforming Signs DEVELOPMENT PLANS: None X. NEqN BUSZNESS: Approve the application of Thomas Souza for City sponsorship of his project known as My Emotions for the Round IV Development Regions Core Grant program (7'ABZ£O ON $/~e/oo) LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARZNG ].. Proposed Ordinance No. O00-14 Re: from $1.00 to $6.00 Amending the monthly ERU Agenda Cityof Boynton Beach Regular City Commission 3une 6, 2000 Proposed Ordinance No. 000-15 Re: Amending the Comprehensive Plan FuL-ure Land Use Map from Low DensiLy Residential to Office ~ommercial (Bethesda Flemorial Hospital Parking Lot) Proposed Ordinance No. 000-I6 P,e: To rezone from Single-Family Residential District (R-1AA) to Office/Professional Commercial District (C-1) (Bethesda Memorial Hospital Parking Lot) Proposed Ordinance No. 000-17 Re: Amending the meal allowances an(J mileage allowance paid toemployees/dty repfesentat ves when traveling on CiLy business Proposed Ordinance No. 000-18 Re: Amending the Police Officers' Pension Plan to provide for the changes in accordance with Florida Statutes Chapter 185 Proposed Ordinance No. 000-/~9 Re: Amending the Firefighters' PensionPlan to provide for changes in accordance with Florida Statutes Chapter 175 Proposed Ordinance No. O00-20 Re: Amending Chapter 2. Zoning. Section 1I (E) Swimming Pools, to exclude aboveground pools from the minimum rear setback for structures, and establishing the minimum rear setback for aboveground pools as 10' Ordinances- 1st Reading Proposed Ordinance No. O00-2! Re: Regarding the project at the 'Intersection of Federal Highway known as Villa Del Sol; amending Ordinance 89-38 by amending the Future Land U~e Element of the Comprehensive Plan by adopting the proper land use by changing the land use designation from Local Retail Commercial to Special High Density Residential Proposed Ordinance No. O00-22 Re: Amending the text of the Future Land Use Element of the Comprehensive Plan in connection with the application by Grove Partners, Ltd. (for the project known as Villa Del Sol) within the Planning Area tP to amend the land use classification Proposed Ordinance No. 000-2.3 Re: Regarding the application of Grove Partners limited for the project known as Villa Del Sol, located at: the intersection of =ederal Highway (US ! and Old Dixie Highway) amending Ordinance 9~-70 by rezoning from C-3 Community Commercial to R-3 High Density Residential 6 Agenda City of Boynton Beach Regular City Commission June 6, 2000 -- = Proposed Ordinance No. 000-24 Re: Amending Land Development, Regulations, Article II, Chapter 21, Section 3. to allow billboards in public use districts on property owned bY the City and adjacent to 1-95 as a conditional use (TABZED 0N4/4/00) Proposed Ordinance No. 000-25 acr( Re: Amend the Future Residential to Recreational for a 4- ~arOposed Ordinance No~ 000-26 Re: Ar~ending the Future nd use Map :from Office Commercial to Low Density Residential for a 30-acre tractor land ([sleslat Hunters Run) Proposed Ordinance No. 000-27 Re: Amending the Future Land Use HaP from. Low Density Residential an~ .Medium Density Residentialte RLecreati0na[as required by the [nterl0~al Agreement with Palm Beach CeontY for a 53;69-acre tract of lend CSea~:rest Scrub) Proposed Ordinance NO. 000-28 Re: Amending the Future Land Use Map.from Moderate Density P, esidential to Recreational for a 13,59-acre tract (Rosemary Scrub) Proposed Ordinance No. 000-29 Re: Adopting the Evaluation and Appraisal Report (EAR)-based ar~endments to the Comprehensive Plan`to Update the goals~ objectiveS and policies, and Future Land Use Hap 10. PropOSed Ordinance No. 000-30 Re: Ar~ending the Land Development; Regulations Chapter 2, Zoning, to establish a new section for ov~rlay.z°~ing districts, the Martin Luther King~ Boulevard Overlay District and.corresponding setbacks 11. Proposed Ordinance No. O00-31 Re: Creating a new chapter of,the City Code, regulating franch se agreements on public lands (C ty's right-of-way), to provide cable television or open video system services 12. Proposed Ordinance No. 000-32 Re: Creating a new chapter Of the City,Code pertaining to the franchisi/ng and licensing of telecommunications providers Resolutions: Proposed Resolution No. R00-78 Re: Approving a Hediation Agreement between DSS Properties, Ltd.; DSS Management, Agenda City of Boynton Beach Regular City CommisSion 3une 6, 2000 Inc., d/b/al Two Georges Restaurant, Ocean Breeze Festival Park and the City of Boynton Beach Proposed Resolution No. O00-79 Re: Approving a Dispute ResoluUon Agreement between the City of Bo,/nton Beach and the Town of Ocean Ridge D. Other: XII. UNFINISHED BUSINESS: XIZI. OTHER: X~. AD3OURNMENT: NOTICE (F.S. 286.0105) CONTACT 3OYCE COSTELLO, (561) 742-6013 AT LEA~T TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE ,IMP FINAL AGENDA- o6/'o2/2ooo $:42AM ~: \SH RDATA\CC\WP\CCAGENDA~GEN DAS\060600 ,DOC 8 Reauested City Commission Meeting Dates [] March 21, 2000 [] Apdl 4, 2000 [] April 18, 2000 [] May 2, 2000 NATURE OF AGENDA ITEM [I'r'ANNOUNCEMENTS & PRESENTATIONS TI'EM A-1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 8. 2000 (5:00 p.m.) Mamh 22, 2000 (5:00p.m.) April 5, 2000 (5:00 p.m.) April 19, 2000 (5:00 p.m.) Requested City 3ate Final Form Must be Commission Meeting Dates Turned in to City Clerk's Office [] May16, 2000 [] June 6. 2000 [] June 20. 2000 [] July 5.2000 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] May 3, 2000 [5:00 p.m.) M; y i7, 2000 (5:00 p.m.) Ju{ e 7. 2000 (5:00 p.m.) Ju ~e21, 2000 (5:00 p.m.) Devele ~ent Plans New B: ;iness Legal Unfinished Business Presentation RECOMMENDATION: The City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation are sponsoring a multicultural festival on Saturday, from 12:00 noon until 7:00 p.m. on Saturday June 10 at Sara Sims Park, EXPLANATION: The festival is to celebrate the cultural diversity of our community. PROGRAM IMPACT: The Neighborhood Project Specialist is the primary sponsor of the event. FISCAL IMPACT: None ALTERNATIVES: None ~ ~12~a~'~/r~e a~d ~ Signature Department of Development Division of Community Redevelopment Neighborhood Services Department Name · City Manager's Signature City Attorney / Finance / Human Resources C:\windows\TEMP\Agenda Item Request Form June 6 2000.dot ITEM III-B.l.a. Announcements & Presentations Proclamations PROCLAMAT,,.,,, WHEREAS~ The gardeners of the United States produce the food which feeds our people and permits us to expo~ our abundance to other countries thereby helping to preserve our traditional spidt of independence and initiative; and WHEREAS, Gardening instills in our. peop e a gre.~er respect and care for our environment and our~ nat~mt resources thereby~mi{hing ;~ challenging and productive full or part-time activity for a large numl3er of our citizens; and also yield herbs, fo!age and flowers which add NOW; THEREFORE, I, Gerald Bmening, by virtue of the authority vested n me as Mayor of the City of Boynton Beach, Rorida, do here~)y pm.c!a m that the first full week (~f June beginning wiib the first Sunday, be designated as: NATI ONAL GARDEN WEEK in perpetuity, and that. citizens of the City of Boynton Beach will celebrate such each year. IN WITNESS WHEREOF; I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Rorida, to be affixed this 6t~ day of June in the Year 2000. ATTEST: Gerald Bmening, Mayor City of Boynton Beach City Clerk (Corporate Seal) Requested City Commismon Meeting Dates [] March 21, 2000 [] A~ 4. 2000 [] April 18,2000 [] May 2, 2000 IV-CONSENT AGENDA ITEM B. 1 CITY OF BOYNTON BEA¢ AGENDA ITEM REQUEST FORM Date F~nal Form Must be Turned in to Ciw Clerk's Office Mareh8,2000 (5:00p.m.) [] May16,2000 March22,2000 (5:00p.m.) [] June6,2000 April5.2000 (5:00p.rm) ['~: Jtme-20,2000 Aprillg. 2000 (5:00p.m0 [] JulyS, 2000 Requested City Commismon Date Final Form Must be Tamed Meetin~ Dates in to City Clerk's Office May 3, 2000 (5:00 p.m3 May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Bus'~ess [] Public Hearing [] Legal [] Bids [] Unfinished Business [] _Mmormcement [] Presentation RECOMMENDATION: Motion to award the "_A_~q~UAL JULY 4va FIREWORKS DISPLAY", R~P #071- 2710-00fKR, to ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO., INC., in the amoUnt of $20,000. [ EXPLANATION: On May 24, 2000, two proposals were received and opened by Procure _me_nt Services. Based on information received in these two proposals, we recommend the award of RFP #071-2710-00~R to Zambelli Internationale Fireworks of Boca Raton, Florida. Zambelli has provided satisfactory service in the past and Wally Majors, Acting Director of Recreation concurs with this award (see attached Memo No. 00-~9). PROGRAM IMPACT:- The purpose of tiffs RFP was to seek proposals from qualified fireworks| display operators to furnish a tireworks display on July 4, 2000. Fireworks display location: Boynton Beach Boat Club Park- North Federal Highway and N.E. 21= Avenue, Boynton Beach. Florida. FISCAL IMPACT: ACCOUNT NUMBER SPECIAL EVENTS 691-5000-590-04.63 ALTERNATIVES: -- Deputy Director of Financial Services BUDGETED AMOUNT $ 20,000 Procurement Services Department Ntmae City Attorney / Finance / Human Resources S :kBULLETIlq~FO RMS~AGENDA ITEM KEQUEST FORM.DOC DEPARTMENT OF LEISURE nS~RVICES MEMoRANDuM No. 00 69 TO: Bill Atkins, De'P VIA: Wally Majors, Aeti[~g Dil FROM: ~Meg Hooper, Speci~! ~en,tfi Manage: ~ DAIE: May 26, 2000 RE: Fireworks Award Recommendation (RFP # 071-2710-00/KR) After reviewing the two bids received for the 4th of Ju,ly BIG BLAST 2000 fireworks 0n~ 24, 2000, it is our recommendati0n"that Zambelli Internationale~sbid of $20,000 be accepted. This reCO~mendati0n is based upon the information received from the two companies Who submitted bids. XC: Department File ~i~~~~FINANCIAL SERVICES ~MOST RESPONSIVE, RESPONSIBLE BIDDER JULY 4TH FIREWORKS DISPLAY RFP OPENING DATE: MAY 24, 2000 RFP OPENING TIME: 2:30 P.M, RFP # 071-2710-00/KR ACR :MENT SUBMITTED BREAKDOWN AND DESCRIPTION SUBMITTED CHS VID OR PICTURES SUBMITTED LUSION OF PRIME FTED SUBMITTED OWNED BUSINESS SUBMITTED DF WORKPLACE SUBMITTED AD 84, #2 FT. LAUDERDALE, FL 1-954-792.1101 .TTN: STEVE FREEDMAN YES *YES NO YES YES YES YES/NOT YES ENCLOSURES FIVE COPIES OF PROPOSAL "Offers 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" ~IREWORKS 1 WEST CAMINo REAL BLVD., #100I BOCA RATON, FL 33432 ~,TTN: MARCIA ZAMBELLI YES YES YES YES YES YES YES/NOT YES GENERAL INFORMATION ENCLOSED Requested City Cormrdssion Meefin~ Dates [] March21.2000 [] April 4, 2000 [] April 18, 2000 [] May 2, 2000 IV. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ~n to City Clerk's Office March 8, 2000 (5:00 p.m.) March 22. 2000 (5:00 April 5, 2000 (5:00 p.m.) April 19. 2000 (5:00 p.m.) Requested Ci~7 Conm'dssion Meetin~ Dates [] May 16, 2000 [] June 6, 2000 [] June 20~ 2000 [] JulyS. 2000 CONSENT AGENDA B. 2 Date Final Form Mug be Turned in to Cit~ Clerk's Office May 3, 2000 (5:00 p.m.) May t7, 2000 (5:00p.rm) J'mxe 7, 2000 (5:00 p.m.) ! luna 21. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developm. ent Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Anuolmcemenr [] PresentatiOn RECOMMENDATION: MOTION to approve the "SURPLUS VEItlCLE/EQUI~MENT LIST" as submitted by Staff and allow for selling of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS VEIIlCLE/EQUIPM~JNT LIST" as submitted by PUBLIC WORKS/ FLEET MAINTENANCE DMSION. Utilizing the City of Boynton Beach disposal process for surplus vehicles will allow the vehicles/equipment to be auctioned and generate revenues to the Fleet Maintenance Fund Procurement Services requests Commlssion's review, evaluation and approval to sell the surplus property. PROGRAM IMPACT: The disposal of surplus vehicles/equipmem will provide for maintaining inventory control, and all°w f°r receipt °f i~venues thr°ugh a m°int°red pr°cess bY Pr°curement Services' FISCAL IMPACT. The revenues generated from the sale of surplus vehicles/equipment ~ill be placed in the Fleet Maintenance Fund in the following account. Account Description 501-0000-365-01-00 Revenue Account No. Sale of Surplus Equipment ALTERNATIVES: Maintain the vehicles/equipment in inventories with high maintenance costs wldch could conceivably tmpacr operations due to down time for repmrs. ~f ~ a~.)~ Deputy Director of Financial Services ' C~:t~ Manager's Signature Procurement Services Department Name Chris Roberts - Public Works Robert Lee- Fleet Maintenance Hoyt Johnson - Financial Services File City Attorney / Finance ,~ Human Resources s :~BULLETfN~FORM S~AGENDA ITEM R~QUEST FORM.DOC FLEET ADMINISTRATION MEMORANDUM~' Thru: Chris Roberts Subj: Date: Excess Fleet Vehicles May 9, 2000 The vehicles listed below are units that have been replaced this budget year, 99/00. These units are beyond reasonable ~repair ~osts, requiring removal from the City Fleet. Request that theseunits be approved for disposal and sent to a local auctiomagency for disposal. ID #: YEAR/MAKE: MODEL: SERIAL #: 0O30 0064 0117 0178 0190 0195 0198 0370 -0458 0567 1991- GMC 1989- GMC 1991 - FORD 1990 - CHEV 1990 - CHEV 1989 - ( 1989 - FORD PICK-UP 1GTCS14EM8510966 PICK-UP 1GTDC14KIKE528470 4 DR/SDN 2FACP72F3MX159885 3A CGO/VAN 1GCEG25Z9L7167635 % CGONAN 1GCEG25Z8L7172311 4X4 SUV 1GKCT18Z2K8536406 4DR SDN VAN 4DR SDN 4DR SDN 3B3BK46DOKT948698 1FMDA31U2KZB93294 2FALPT1W;8SX179967 IB3BZ18D6JY188670 RECE D 2000 0573 0574 0647 0655 0815 1950' 8008 8055 1990 - DODGE 1990 - DODGE 1985- FORD 1993 - FORD 1989 - FORD 1987 - FORD 1978 - GAL 1994 - CUSIt. 3A PICK-UP 3/4 PICK-UP 1/TON VAN 4DR SDN VAN VAN ASP/ROLL UTL/TRK 1B7JE26Y2LS676750 1B7JE26Y4LS676751 1FBHS31It8FHC13635 2FACP71W2PX143621 1FMDA31UOKZB90636 1FMCAllU7HZB57979 1970 550211 IV-CONSENT AGENDA ZTEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date t~inal Form M_u, st be T~mcd Requested City Commission Meeting Dates in to City Clerk s Office Meefin~ Dates Date Final Form Must b~ Iurned m to C~tv Cl~rk s Office [] March 21. 2000 March 8, 2000 (5:00 p.m.) [] May 16, 2000 May 3~ 2000 (5:00 p:rm) [] April 4, 2000 March22.2000 (5:00 p.m.) [] June6,2000 May 17, 2000 (5:00 p.m.) [] April i8; 2000 April 5,2000 (5:00pzn.) [] June 20, 2000 June 7; 2000 (5:00 [] May 2, 200~ April 19, 2000 (5:00p.m.) [] July 5, 2000 June21, 2000 (5:00p.rm) NATURE OF AGENDAITEM [] Administrative [] Developm~ntPlans [] Consent Agenda [] New Business [] PublieHearing [] Legal [] Bids [] Unfinished[Business [] Aunouncemen~ [] Presentation RECOMMENDATION:Motion to award "ANNIJAL BID FOR SAFETY CLOTHING AND EQUIPMENT", Bid #054-1412-00/KR, for an estimated annual expenditure of $100,000 to three vendors as follows: PRIMARY SECONDARY THIRD RITZ SAFETY EQUIPMENT, INC. SAFETY EQUIPMENT COMPANY MAGID GLOVE & SAFETY MFG. EXPLANATION: On April 25, 2000, the above referenced bid was opened with the reading of thirteen proposals. Bids were based on a percentage off of catalog prices, delivery time, and payment terms. For comparison, the thirteen bidders were mailed a list of items to price using their bid discount. As a result, we recommend Ritz Safety Equipment, Inc. of Pompanu Beach, Florida as the Primary award; Safety Equipment Company of Miramar, Florida as the Secondary award~ and Magid Glove & Safety Mfg. of Chicago, Illinois as the Third award. Dominic De Manro, Warehouse Manager, concurs with this recommendation (see attached Memo). PROGRAM IMPACT: The purpose of this bid is to establish a source of supply for the purchase of various safety supplies stocked in the City's warehouse. These supplies are used by ali departments within the City. FISCAL IMPACT: ACCOUNT NUMBER WAREHOUSE INVENTORY 502-0000-141-01.00 Deputy Director of Financial Sermces Procurement Services Department Name ESTIMATED ANNUAL EXPENDITURE $ 00 0 ~ ~ty Manager~ lignamre City Attorney / Finance I Human Resources S:kBULLETIlxhFORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH MEMORANDUM FINAZ4CE ADMINISTRATION TO: Bill Atkins Deputy Finance Director FROM:~ ,Dominic DeMauro, Wareho~ M0nager DATE: ,May t6, 2000 SUBJECT: SAFTEY CLOTHING BID 054-1412-00/kr I have reviewed the tabulation sheet from your office. I used the following factors in determining this award A) price B) brand name C) vendor minimum shipping. Additionally each vendor was mailed'a list of 16 items to price using their bicl(~_ discount. The results were as follows Ritz Iow 6 items, Safety Equip low on 3 and MagidGtove 8: Safety low on 3. My recommendation is the following. 1) Primary Vendor Ritz Safety 28% offcatalog 2) Secondary Vendor Safety Equipment 20% offcataiog 3) Third vendor. Magid Glove 5~% Offcatal0g BILL ATKINS, DEPUTY DIRECTOR OF FINANCIAL SERVICES ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT BID OPENING DATE: APRIL 25, 2000 BID OPENING TIME: 2:30 P,M. DOMINICDE MAURO, WAR~HOUSE MANAGE~,~f~-~j ---- .. ***THRID AWARD "Offers from the vendors listed here~n are the on yoffem received time y as of the above r~eceiv ng date and time. BID #: 054-1412-00/KR ~ All other offers eubntlffe~l In response to this SOlicitation, ...... ir any, am rlemby re)ected as late" VENDORS- ARBILL GLOVE & SA~-t::~ Y ASPEN LICENS!NG INTL ATLANTIC MILLS~CO 109 KINGS WAY t649 FORUM PI~ACE, SUITE 12 BOX 4670 ~ ROYAL PALM BEACH, FL 33411 : WEST PALMBEACH FL 33401 - HAEEAH FL 33014 (561) 333-5252 (561) 688-1107 · (305) 557~0080 C~TALOG ITEMrS DISCOUNT % ATTN: CRAIG STECKER ATTN: iNA METSK¥ : S, TTN: STEVE RANDALL 27% PR CE LIST SUBM TTED 10% CALENDAR DAYS 5-7 2-5 t'0-14 PAYMENT TERMS: % DISCOUNT NET 30 N/A , 1%-10TH DAY N/A NET 30 CATALOG/PRICE LISTING SUBMI~ ~ I:U YEs YES YES NUMBER OF BID PROPOSALS SUBMITTED 1 t ' 1 SPECIFICATION "CHECK-OFF" SHEETS SUBMITTED YES* YES* YEs*/INCOMPLETE ~TI-KICKBACK AFFIDAVIT YES . YES - CONFIRMATION OF MINORITY ' OWNED BUSINESS SUBMITTED YES/NOT CONFIRMATION OF DRUG-FREE WORKPLACE SUBMITTED YES YES YES COMMENTS *SEE NOTATIONS *SEE NOTATIONS *SEE NOTATIONS ANNUAL BID FOR SAFETY CLOTH lNG AND EQUIPMENT "9 frei'? :f~0~ ~?~10~ I!St~d hereIn are the only ~)~ers BID OPENING DATE: APRIL 25, 2000 ...... ~e~lVed flmefya$ of,theabovei;eceivii~g~daiea~d time. BID OPENING TIME: 2:30 P.M. Nl'°tller°fferssubmiff~d'~'h resp°nset°thiss°licitafl°n' VENDORS ' DRAEGER SAFETY, INC, i ~RA]NGER i~-U~TRJAI~ ~UPPLY ~AGID~ GLOVE &:;~ETY MFG, ~01 TECHNOLbGY DRIVE ': ~800 F ~' ROAD -5 ~O~ ~:~ ~'~UE ;ATALOG CALENDAR DAYS 15 UNSPECIFIED ......... 5 3AYMENT TERMS: UNS~ECIE[ED ....... ~.~., - -2%.~q0THOF MONTH .......... : .... % DISCOUNT 0% . ................................................ DAY NET30 ~.~. . - YES - CATALOG/PRICE LISTING SUBMI I I Eu YES YES ......... NUMBER OF BID PROPOSALS SUBMI~ED j ~ SPECIFICATION "cHEcK-OFF IHE~S SUBMI~ED YES INCOMPLETE YES ........ ' .............. ~ ............ ~ ' ' ~'.~'~ ~ ' YES AFFIDAVIT YES YES ANTI-KICKBACK CONFIRMATION OF MINORI~ NO ' NO ~' ', , ,yES/NO OWNED BUSINESS sUBMI~ED ................. ~ ¢. ~.. ,. . ~.-:.~.~ . CONFIRMATION F DRUG-FREE YES ~ORKP~CE SUBMI~ED ' YES ~S , LEI ~ A~A~HED -~ ::; ~ - *S~E NOTATIONS COMMENTS I ........................... , ~ . . ." . ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT BID OPENING DATE: APRIL 25, 2000 BID OPENING TIME: 2:30 P.M. ~BID #: 054-1412-00/KR % DISCO 1800 N. POWERLINEROAD POMPANO BEACH, FL 33069 DECATUR, AL 35601 (954) 969-9250 (800) 628-6233 ATTN: RONALD B_UCKLEY 1 -- 30 NOT SPECIFIED NET 30 "Offem from the vendors listed herein are the only offem received timely as of the above receiving date and time, All other offerssubmiffed in response to this Solicitation, ~eby i~eJe?~d as late" - ~ 1516 W. MOULTON STREET ADDENDUM #1 30 SUBMITTED YES YES 1 2 YES YES SHEETS SUBMITTED DWNED BUSINESS SUBMITTED WORKPLACE SUBMITTED YES YES YES/NOT YES YES yES YES YES/NOT YES ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT BID OPENING DATE: APRIL 25, 2000 BID OPENING TIME: 2:30 P,M. BID #: 054-1412-00/KR ITEMS DISCOUNT % DAYS --[ %1 DA~ CATALOG/PRICE LISTING SUBMITTED ~?s~f~m the ~e~ndors listed her~!n ere 17 only offers All Other 0~ers sUhml~i~a~n i:esPonse {o'this s(~lbitation, if any, are hereby m)ected as late )PROPOSALS SUBMITTED SHEETS SUBMITTED ANTI-KICKBACK AFFIDAVI OWNED BUSINESS SUBMITTED DRU NORKPLACE SUBMITTED COMMENTS CO. ~.O. BOX 8177 ~VEST PALM BEACH, FL 33407 833-2452 STEVE SCHWACK 39.50% 1% - 10TH OF MONTH YES YES ~YES NO YES SOUTH ................ TX 77535 257-11OO ':'~: ....... 8% 3-14 2%-10 DAYS N YES* NO YES 1 YES YES/NOT YES ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT BID OPENING DATE: APRIL 25, 2000 BID OPENING TIME: 2:30 P.M. BID #: 054-1412-00/KR "Offers 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" VENDORS' [ [ ' ~ i~ Da , i ' CATALOG ITEMS DISCOUNT % 20% CALENDAR DAYS 1-2' M PAY ENT TERMS: % DISCOUN'[ NET 30 DAY CATALOG/PRICE LISTIN~ SUBFv~Irl I ~'U YES ~IUMBER OF BID PROPOSALS SUBMITTED - SPEC F CAT ON CHECK-OFF SHEETS SUBM TTED YES ANTI-KICKBACK AFFtDAV T YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT CONFIRMAT ON OF DRUG-FREE WORKPLACE SUBMITTED YES COMMENTS ~SEE L~- ~ ~ ER/NOTATIONS . , .... ~*iL ASPEN ATLANTIC DRAEGER GRAiNGER MAG M~C iND. ~iRFEC0 P.B. CHEM RESCUE RITZ SAFETY EQUIP. $3.79 $4.10 NB $5.11 $3.35 $3.59 NB $7.38 $11.00 $2.34 · $4.15 $15.89 $48.65 NB $48.88 $t0.00 $16.47 $44.00 $37.03 $27.00 $10.75 $26.56 $11.28 $2,00" NB $14.26 $2.00 NB NB $16.46 $1.75 Diff part// $4.50 $4.35 $941 :~ ,S11.,~1~ : I~.:~L~.-_ $~1!~39 ~ $t~,.95 $~13.19 $66,00 $17.98 $!2.00 $2~1~6 $13.68 C~U~,~I~ ?,~,~ ,.~,~' $10.00 NB $10.98 $8.15 $9.29 $11.00 $15.25 S8.00 $4.95 $3:~0 ' ' ~ NB NB ~.~ · ~.36 ~ $3 ~ NB ~ 22 $2 75 ~.08 , NB NB NB S2.99 $2.72 ~ ............ ~ NB $5.52 $5.85 $3.28 $19.00 ~.05 $7.25 $3.56 ~ ;~ $16.72 NB $2t.19 $13.65 $16.68 NB NB NB $12.~ $15.~ ~y ................. ~18 8S .....Ne s2e.ss $26.45 S19A1 ~8.oo NB $37.00 S~9.28 S2e.80 $2,M Diffpa~ NB NB ~88.32 $7.40 $t3.90 $94.00 $2~.~8 NB S35.30 S72.80 ......~,~ ~ NB NB NB NB NB $1~.00 NB $88,~ $1~.00 ~7.95 ~ -: ....... NB NB $3.30 ' $2.92 $2.50 NB NB ~.38 ~.~ $2.51 15% 35-50% 5% 15% 19% 39.50% 8% 28% 20% CITY OF BOYNTON BEACH M~MORANDUM FINANCE .4-D- ~ISTi~T~ON F~OM; DAT~: AL saf~:y and ¢lothla~ bid v~dor~ 05/09~000 SUB. CT: Bid #054/? 4 ! 2/OO&r MUT-CIrI~ $14IC Pag~ 2 CITY OF BOY~qTON BEACH M~-MOI~ANDUM FINA~CB ADIVt.~NISTRA'ITON TO: All ~Leat~ at~t alo~hi~E bid vc~lo~ DAI'G: 05/09/2,000 FINANCE AOMrNISTRAT~ON TO: ]FROM: DATE: SUB~ECT: Dominic .Clear FAme, Clear lent JlJ$ 13. AV~ · Fax Cover Date: 5/IA/00 Name: Firm: Cily: Fax #: Total number of pages Ilnctudlng cover letter}:.. 3 _ From: Dept: Special Instructions: ·OUR B~D #034/1412/00/kr If yo~J do not receive all pagea, please call back as soon as PossJb]er Magid Phone: 773.$~:~.2070 Magid Fax: 773-38~t.(1677 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 8, 2000 (5:00 p.m) March 22, 2000 f5:00 p.m.) AprilS, 2000 April 19, 2000 (5:00 p.m.) Requested City Commission Meefin~ Dates [] May 16, 2000 [] June 6, 2000 [] June 20. 2000 [] July 5, 2000 IV-CONSENT AGENDA ITEM B.4 Date Final Form Must be ruined ih to City Clerk's Offiiz~e May 3, 2000 (5:00 p.m) May 17, 2000 (5:00 p.m.) Ju~e 7, 2000 (5:00p.nt) June 21. 2000 (5:00 p.m.) NATURE OF AGEND~ ITEM [] Admffii~h'ative [] Development Plans [] Consent Agenda [] New Business [] Public Heurmg [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation RECOMMENDATION: MOTION to "~i---' b~'~' -~ ESTIMATED EXPENDITURES OF $80,000. Xe, A ON GRADE SODIIJS{ ItYDROXIDE VVITH XPLANATION, Procurement Servic ...... ;---~ ~ - --- - a ~ · - ~? .~.~v~u a request ~rom Utilities Department to ' i - ' ' Laxeieno, rlonda, Bid No. 8205 for the purchase-of 50% mvon ~ratt~ ~-a: ~.,- -, o 'P ggy back thc C~ty of This bid will be utilize ' , ...... ~-- o--y~ ~umum nyuroxaae zrom H.C.L Induslrial Chemical until September 30, 2000 wmcn wm allow Utilities Department time to prepare a new bid. Procurement Services requests Connmssion's review, evaluation end approval for this '~piggy-hack". hydrogen sulfide in ~e off-~as scrubber pH to prevent scalingm the p~pelines end to neutralize FISCAL LMI~ACT: Funds are allocated in the Utilities Department/Public Water Operations Division budget as follows: Deserintion Account Number Budge~t Process Chemicals 401-2811-536-52-35 $87,129.00 ALTERNATIVES: To seek other sources for purchase of this commodity. ~2~ty Manager's Signature Department Name City Attorney / Finance / Human Resources cc: .John Galdry- Utilities Department Barb Conboy- Utilities Department S:~BULLE~ORMSXAGENDA ITEM REQUEST FORM.DOC UT~[LT. TZES DEPARTMENT MEMORANDUH NO. 00-110 TO: Bill Atkins; Depub/Director of Finance FROM: 3ohn Guidry, \~/ Di[ector of Utilities DATE: .l~la~ 19, 2000 .. SUBJECT: Purchase of Sod um Hydroxide We would time: We grade sodium hydroxide is used at the West Water and to neutralize ; chemical for the and they wilt no longer honor their bid price. ~ of Lakeland/Florida bid with H.C.[. for the next four months, which gives us nd received excellent service. the next four more [he next:city commission agenda to approve our proposed chemicat up to $80,000 35. If you haveany questions; please contact Bob Kenyon at Ext. 6402 or Dave Nlstock at Ext. 6453. Attachments /ad bC: Dale S. Sugerman Bob Kenyon Barbara Conboy File 85/~8/2880 09:2~ 5~740~2~6 Z~NO Fax Transmittal Form CC:: ~[~ent [~For Review ~] P~ease Comment E~f~lease Reply -~essage: ~ From.- Cell Phone: Date sent .~ __ /Z000 Time sent: Numl~er of Pages including cover Page~ ~ Nl/f ~ Ave. FL. 33147 30~3~-7333 - F~ 30~1343 2000 P~GE BL¢.L lmdmtt:t*tmt Clmmifml p.4). B4MC 4'F04 ,.,,,, vr' ~,!~t:LAND, FLORIDA ~ ADAMO DRIVE ~ NOT DUPLIOATF_ CAUSTIC SODA . DULK. 5oY, RAYOM PA~ 03 ~0~2~02l NOTICE FO B~)DEltS .,ANNUAL ACI~S ,AND CAUSTICS SUPPL'I' 05/18~2880 09:23 5617401216 ZINO PAGE 84 CLARIFICA~O~ OF DOC~ATION _,~oiu~A r~uc ~co~s L~w 05/i~/2~0 09:£3 5617401215 ~ ~ompJ~ 85/18~ 28~0 09:23 561740121B ZINO PAGE 86 8m NO. $30~ A. __UNIT~I'IUCES P£R C~CAL: SectioU2, l.L s.. · :~ ~,~" /I~. Total Detivm~d ltid ih'~e pet Tou fat the Sul~rk Acid L'BulIU as Described in Specification Sectio~ 2,{.1. 09:23 56~. 740:1.2Z ~ ZZNO P~ ~-Jify lo. out Ton &s De,~cri[~,cl ~ Spec~ca~ou Section 2.1J. ~ :~ $ /Dian A.6 TotaJ Delivered BM ]~r~. per Pouud for, Spedflcatton hcUom 2.I.~. ID5/~.8:/2060 ~9:23 5617401216 Z~NO PAGE B]3) ~NO. 820S / /CWT s ~ ladenmJfleafion CIa~e OVt~l~m~*m am~mt shall be WrA't eu Out ...... Dollar~ List ~11 An~c~p~ Subtoutrteters ($ub-SuppDets). ~5/18/28~0 89:23 56174~121~ ZINO PAGE Is Dellv.r~ Vehicle vendor Owned? ~f Yes J~ ~u~i ddivs~y Veudor can respcu~ ~ , I c&le~d-,r ~ys telephone ~c~cc of ~eed ~ ¢~e of a~, em~Gucy' ~k to an ~me ~ouree to meet the requ~ed n~ X ~ ~ m m~t ~ Bid Sb~ o5/i@/2~eo o9:23 56174o1216 ZINO PAGE BID SHK~-T FOR TH~ GZTY OF LAKEL ,A~ POWER PRODUCTION D~$ION 10,1998 ~ot~: Standard~ CiU' of Lsd~elandT, erms of Yay~n~nt are Net ~0. Dbeonnts for narly p~Ymmt may bid ~y ~ aw~ b~ on v~o~ ~si~t~, ~C~ ~u' Bid~ ~X~e I Name of Contact for OUfltiom (l'Jeose l,r~t or T~pe) 09:23 5617401216 _ PAGE P~a~t uch To ;he am~t ~4~ ¢ori'~'ac~r may ~t~t to COVERAGE'S & LlbllTS Io not be 1¢i$ tham ~ a~ or me[ to polic~- , $10{),000 d · ncl~rsemen~ is r~qui~ed where spp~ic~le}~ ~r ~]I d~m~s Transportation Insu~aen: ~e fns~mc~ s~ll Bc of ~e"~] ~s~' ~ ~d sh~] ~ ~e ~n~a~or ~ ~e Ci~ iota ~ ~ble ~ks of phyg~ loss ~ d~a~ ~o eq~,~t ~d m~s ~ tr~i~ ~o ~t lob ~ e ~d ~I ~e C~ ~e~es ~ ~Ulp~I ~ mat~s ~ ~e job ~ Tt~c li&bility limits shmil not be l~s ih~u: SN/A · - - ! . i-i' - lb. is iamuranc~ stroll protect the ConU~or mud ~ a~onal ~s~s ~e liabili~ limi~ ~all noi be I~ ~: $5,000,000 ~ ~ $~ I Tile liabili~ limits shall n~! be l~ss tha~: SN/& ~5/18/2~00 .~9:23 56174~1216 ZINO PAC~E I3 out dated ~ apply for ~e performed far nd starx os: ~/-- BY: ' , ATTEST: The foregoing iasl~ment was acknowledged before me this day of by , of did. / did not Tiff* Nma~$~l HC~/3:C,$' $ LOCATION: INDUSTRIAL(~%lMICA~& ffUPPLE CO ~7~ NW 36~ A~ue · M~ami, ~ 33T47 * Telephone: (305] a35-73Z~ PAGE 5617401216 NO. SOLUTION IV. Report~l~ e Quamlt¥ per40 CFR ~2.4 SILO00 I1~. water ot se~l VL ~ Limit Infarmaflon: The red~rdt o'r"~r ume-we~ghted average(L~ CFR lgt0. the~ Inhalation: Inha atk;n et' this mate~'a[ ness ~ ;mgairm~t o~ centrat~e~ Skin kri;atlen ~ Skin ~itfl 15 0SlI8i2~0 89:23 5S174012i~ ZINO MoOr A~~ gu~ Xl. I~ i$ ~he r~ '~3. Lenga. R.. T'~e $ig~m=-Ah~ch Libr&r,/o1 Chemical ~ L~s, R. ~ O. Sweet. Eds.~tsW ~T~ W~shin~on. DC: U,S. ~mfl~ P~ti~g tiCS. lq87. W~hington. DC: U,S. Geve~mem p~ng ~6. ~, N. I~, O~ger~s P~e~iea ~ H~erd- eus M~tada~ ~ E~., N~ YO~ Van Re~n~ ~. tge4, ~ Thees~ ~it V~ a~ ~o~ll ~ure ~8. Toxic Sublt&noe Co,trot Act Inventory, rice, Ig~. 19. Nstionat In~1it~e ~r ~pmlonai S~f~ ~h (NIOSH), {I~1}_ The Rlgl~ 20. Natien~ ~st~t~e for ~¢u~t~et 8ale~ Ou~ for ~Hydmx~2 NI~H:C~' ~fl, Oh~. ZINO PAGE 20 FOR FUll'HER ,PRODUCT INFORMATION OON'i'AGT: Requested City Comm~sion, [] March 21, 2000 [] ^p~l 4, 2000 [] Ap~l 18, 2000 [] May 2, 2000 IV-CONSENT AGENDA ITEIq CITY OF BOYNTON BEACE[ AGENDA ITEM REQUEST FOR/VI Date Final Form Must be Ttrmec~ ~nto City Clerk's Office MarchS, 2000 (5:00 p.m.) March 22, 2000 (5:00p.nt) April 5,200G (5:00 p.m.) Al~i119, 2000 (5:00 p.m.) Requested City Commission [] May 16, 2000 [] June 6,2000 [] June 20, 2000 [] July 5, 2000 Date Final Form Must be Turned in to City Clerk's Offic~ May 3,2000 (5:00 p.m) May I7, 2000 (5:00~i~,ra.) Jun~ 7, 2000 (5:00 p.m) lune ~t, 2000 ~5:00p.m0 NATURE OF AGENDA ITEM [] Admlni~q~rative [] DevelopmeurPlans [] ConsentAgenda [] New Business [~] Public Heering [] Legal [] Bids [] Unfin/shedBusiness [] Announcemeur [] Presentation RECOMMENDATION: MOTION to approve the purchase of FOUR (4) COMPAQ ARMADA E700 COMPI. FFERS l~om SOU'rHERN COMPUTER SUPPLIES in the amotmt $11,836.00. EXPLANATION: Procurement Services received a request 15om Police Department to use Southern Computer Supplies for the Purchase of four (4) Compaq Armada E700 Computers at $ 2,959.00 each. Police Department provided three (3) written quotations to support the selectiom Procurement S~ces Division reviewed the request and researched the General Services Administration (GSA) competitive price list/ag for the same computer. The best price identified on GSA for this same SouthemmanufacmrercomputerPart numbersuppliesis be $ 3,556.23util/zed foreach'this purchase.Theref°re' with a say/rigs of $597.23 per computer it is recommended that Procurement Services requests Commission's review, evaluation and approval for this purchase. PROGRAM I1VIPACT: The computers will be used in the Police partol cars for report writing, digital dispatching, car to car communication, and running checks on [icense tags. FISCAL IMPACT: Funding is provided for this purchase ~om the follow:rog grants. Local Law Enforcement Block Grant (LLEBG) #1999LBVX7518 ...... 3 Computer~ State DUI Grant #J8-00-06-29_0t .... 1 Computer ALTERNATIVES: To seek other sources for the purchase of these comput sQ Deputy Director of Financial Services _ _,.,. ~ 1, c~Ity Manager s SignatUre Procurement Services Department Name ce: Michael Munro - Police Depamnem File S:kBULLETINkFORMS~AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources From: Munro, Michaei Monday~ May 22, 2000 12:54 PM Atki~S; Bil~ S~b!act~ .equi~itien 8~7~an~t 8769 ~. ~ ~ *' Gbm ute~ Supp ~es 4 lapb p P - . se ur~as~ ~u~m P . Bu Plep P' r ~'' .... Se~e, ln~m n~[mat~op S~temS and ~mbern Compumm. ....... m ~m has t~e so~{flem ~ P ~ o 1 Bock Grant and a~i~g ~o~ s~om~uter ARJ.MADA E700-WlN95P~400128MB Page t o fl ARMADA ET00 - WIN 95 PII400 128MB NSNIMfr, Part No.: 113367.001 To Order: Select d-J[very aTne, enter ~u~i~ty~c~ck~ When applicable, discounts will be reflected ~n your order based upon the ~uant~ty oroereGL Quick Search: r http://www.gsaadvantage.gowcgi.bin/advantage 936+464367¢+rrpx~ ~... ' " "~'r~'*PRE2+i 8353979 05/16/2000 Vendor Name: $om.b. em Compum;'~' CITY: l$00 Ro.s-~el! ~ Suite 1060 Area Code'._ 770 Phone: 579-8927 Extension*._ G~orgia ContaCt Person_: Scott Kitt Commenm: ~ · $22.551 62 Corn arison ~ Total: . Com. an'son 2, Total: $24,180.11 RECEIVED Requested Ci~ ColVXmsmon [] April ~,2ooo CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turncc in to CiW Clerk's Office March 8. 2000 (5:00 p.m.) March 22, 2000 (5:00 April 5, 2000 (5:00 p.m.) April 19, 2000 (5:00p.m.) Requested City Commission Meefine Dates [] May 16,2000 [] June ~, 2000 [] June 20, 2000 [] July 5, 2000 IV-CONSENT ITEM B.6 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.) Jun~ 7, 2000 (5:00 p.m.) June 21,201)0 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [-]. Bids [] Unfinished Business [] Announcemem [] Presentation RECOMMENDATION: MOTION to approve ALI,lED ENVIRONMENTAL CONSI,TLTANTS, INC. for fuel tamk replacement in the mount of $12.375.00 utilizing the STATE OF FLORIDA, SNAPS AGREEMENT NO. 9731466. EXPLANATION: Procurement Services received a re, quest from PUBLIC WORKS/FACILITIES MANAGEMlgNT DIVISION requesting to use ALLIED ENVIRONOMENTAL CONSIo"LTANTS, INC, Miami, FL., for the replacement ora one (1) 1,000 gallon undergr0u~d storage mak with two (2) 500 gallon above ground storage tar~s to be placed inside the EAST WING GEI~ERATOR ROOM. Procurement Services requests Commission's review, evaluation and award approval. PROGRAM IMPACT: Tiffs change in fuel tanks will allow the City to comply with State of Florida, and Department of Environmental Regulatory Management [D ERM) regulations which mandate this change by the year 2009. FISCAL IMPACT: Budgetary provision for the service w/ll come 15om: Account Descrintion Building Repairs Account Number 001-2511-51946-10 Budeet Amount $12,375.00 ALTERNAVS:~~,~~Implement the change in fuel. tanks in another fiscal y~009. - -~epu-t~ Director of F'in~ciai Services- r ~ity Manager's Signature Procurement Services Department Name cc: Chris Robert - Public Works Bill DeBeck- Public Works File City Attorney f Finance / [-I, man Resources S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC TO: FROM: DATE: ' SUBJECT: FACILITIES MANAGEMENT DMSION Memorandum No. 00-040 ~Bill Atkins, Deputy Finance Director. PURCHASIBIG .Christine Roberts, Iurerim Public Works Director Bill DeBeck, Facilities:Manager ~pi-il t2, 2000 Allied Environmental Consultants After initiating fuel tank modifications for the East Wing's Generator, it has been determined that the scope of work shouldbe altered due to unknown building conditions and in order to meet upcoming 2009 State and D.E.R.M. regulations, Therefore, we would like ro close out_the existing PO~g992571 and readdress the work on a new purchase order. The attached proposal of $'12,3'/5 is for replacing the existing 1,000-gallon underground fuel tank with two (2) 500,gallon aboveground fuel tanks which will be placed inside the East Wing Generator Room, This proPOsal is based on Allied's SNAPS Contract with the State of Florida. We would like to utilize the remaimng funds from the purchase order we are closing and supplement it With' funding from our Building Improvements Account all0cated for the Civic Center ~ Genera~t0~ Fuel Tank'($3~500)~ along With funding made available' for general r~pairs out of our Contractual Building Repairs Account of $5,550. The C£vic Center Generator Fuel Tank is in marginal condition and could be delayed until the FY00/01 Budget. Please. c0ntac~ me if y~u need any additional information as we would like to have this placed on the agefida fo~ the M~v 2nd commission Meeting.. PL/BDB/pl Attachment Copy: Dale Sugerman, Assistant City Manager ~From: Atkins, Bill JSent: Tuesday, April 25, 2000 4:36'PM JTo: DeBeck, Bill iCc: Roberts, Christine; Igwe, Nicholas JSubject: FW: SNAPS Agreement - Allied Environmental Consultants The City Attorney's Office called this date to indicate we can move forward to Commission Agenda for the referenced SNAPS Agreement, provided we receive in writing a stetement from Allied Environmental Consultants. The statement should reference the SNAPS Agreement and stipulate that the same Pricing, and Terms and Conditions will be applied. It would probably help if Allied would indicate that this offer is being made within the SNAP.S Agreement contract period but due to our c0mm ssion date for accepting the contract offe~:this letter would apply. Thanks Bill .... Original Message--- IFro~ At~s,,BiE I Sent: wednesday, April 19, 2000 10 50 AM ITo: Cherof James ~Cc: ; Roberts, Christine; DeBeck, Bill JSubject: ,SNAPS~Ag~eement - Allied Env ronmental Consultants Public Wort(s/Facilities Management has sent over a memorandum requesting a Comm ss on Age~da Iterh be prep~ared for utilizing Allied Environmental Cons~iten~S for rep ay ng fuel tanks n the:amOunt 0f$~2 3~5.00. The proposa s based on the State of Florida, SNAPS A~reement No. 973~'466 eff~ec~i'~e April 28, 1999 thr~uqh April 127, 2000. J The proposal for the work was surrrrnarized by Allied Env ronmental Consultants in a Professional S~ces Agr~ment dated February 28 2000 The Agreement stipulates that pricing nc uded in this agreemeht:shall remain in effect for tine (1) year from the date of execution of this agreement. ~ue to the lack of funds for the project Facilities Management had not taken earlier action to move forward to Agenda. I have spoken with Steven Harrison, Allied Environmental Consultants, to determine if a new SNAPS Agreement, or extension, was in place. Steven indicated thai:they are currently working to provide additional information to the State which would qualify their firm under a SNAPS tl Agreement, but there is no valid Agreement at this time beyond April 27, 2000. My question is: The Commission meetinq is May 2, 2000 after the expiratio~ Of the SNAPS Agreement. Can we submit to Commission a valid SNAPS offer when the a~ual' Agreement expires prior to Commission action? Today (04/19/00) is the cut-off date for Commission Agenda Items. Your expedient response will be appreciated. Thanks Bill 85/82/2888 12:55 5513756213 ~'OYNTON FACILITIES PAGE Quotation for ReD!acemen~ of Emergen~ Generator Stmage T~n~ at i00 E. Boynton ~h ~u~d, B~nton Dear Mr. De~k: Th~ leper was prepa~ to no~ your o~ ~in in e~ ~en Alll~ EnvirOnmental C~o~n~, Inc. s (~C) Ii ~the Please~alLme at (305) 62~.8626 if you have any quahogs regwdin~i~:or any 8ir~erel7, M~ami ~ St. Pe~ef~b~g m APS State .Negotiated Agreement Price Schedule ' To be ~mplet~ by ~ ~on o~ ~[chas~g ~r~es an emerging ~m~ ~ Environmencat'~n~ineeriu~; Conmultin~ Contra Con~e~ve Groundwater &,N&~Ura~ Resources Company ~,~,~,oyee~ Innovative Remea~! Tech~o: I ENVIRONMENTALI~I~ L! I, ENGINEERING/GEOLOGICAl. SERVICES -" S'e n~3:r ~'e~d~e~h nician State of Florida DiscOunted Rates II. ASTM PHASE I EN~RONMENTAL GiTE A,~,~ESSMENT AND PHA$1E II ENVtI~ONMENerAL ASSESSMENT ~:~ ~ · ~ Fees to be negotiatecl per project/task orcler, IlL INDUSTR!~L HYGIENESERVICE$ AsbestoS/Lea~ Air Mo~litoring Technician (for on-site supervision) Asbest~s/Lead Building Inspector/Industrial Hygienist Fi~ri(~a ~censsd Asbestos Consu rant $ 40,OOlhour $ 2~.O0,/houJ' $ 50.O0thour $ 35.001hour $ 75.001hour $ 60.00/hour $ 1DO.OOll~our $ 70.O01heur $ ~.00/sample $ 4.00/sample Po!adzed Light Microscopy (PLM) Sample Fee Lea~'~mpte Ana ysis(pai~t wipe, air) $18.00]sample $13.0~/samDle $ 20.00/sample $14.O0[sample a715 N,W. 157th Street a 5dire 201 · Micmi. Fl~Dr~o33014 Phone (305) 626-8826 a.FQx (305) 626-881~ FEE SCHEDULE (continue~ X-Ray Fluorescence (XRF) for lead content in-place $ 675.00/day $ 590.00/day Co[ormetr c Detector Tube Anatvsi~ $ '~0;00/sample $ 75.00/sample $ 8.25/sample $6~J-.75/sample $ 70.O0/dsy Fees to be ne~iotisted Per project/task order. Contamination Assessment Reports Remeciiai Action Plans RI/FS Studies Noise Assessments Trainin~ Was[ewat~ ~ent Plant Engineering Petroieu~orage Tank Management Se~lces OcCupat[opa[ Sa~ and Health Administration (OSHA) C~plien~ OpemtionaJAudi~ V, 5U PPOR'[~ SEt,ViC ESIMAT ERIALS Cierical (WorO Processing) Accountin~ Clerk CADD Operator Materials to be quoted as needed. 22,001hour 22.00/hour 30.00/hour I'ER~A~ AND ~,0 SCOPE OF SER~qC;S_ P~slOnal ~lces A 1,2 METHOD OF PAYMF-,,~T~ 3,0 dollars in Do{lam. R L L"I~E'D ? 1 February 28, 200_0 Mr. Bill DeBetk City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach. Florida 33435 RE: Replacement'of UST with Indoor AST at the property located at 100 E. Boynton Beach Boulevard in Boynton Beach. Florida. Dear Mr. DeBelk, Allied Environmental Consultants Inc. (AEC) is pleased to subm t the following proposal for the replacement of one (1) 1,000 gallon underground storage tank (UST) with t~(~,' (2) 500 gallon aboveground storage tanks (A~T) at the above referenced facility. The project wil be performed to minimize disruptions to the faci ty and AEC is ready to incorporate any ~eq~iremen~ from your office to ach eve thisgoal. Upon com~) et on of'the rem(~val of the UST t~he ?~rmer tank ama Will be rest0red'~o the condifi~dS encount~rAd · pdor to initiation of the project. A~.~g[al,com. ~Pnen'~ of.the UST removal is the performance and completion of a tank ~:losure a~$e~m..e~t a~d~p[epa.ra, tio.n Of the'report for sub~n'iffafto the'regulatory agencies. The storage ta~k registration Wih be upoazeo, at the same t me As a turnkey project, AEC will perform all aspects of'the project in accordance with all regulatory, licensing an~l insurance requirements. Along with the p~opceal we have included a'copy of o~ SNAPS rates and agreement for your files. with the all regulatory agency s to be Allied Environmental Consultants, Inc 4715 NW 157 Street, Suite 201 Miami, Florida 33014 (305) 626-8826 (305) 626-8819 (fax) If you have any questions or require additional information, please don't hesitate to contact me. Sincerely, Allied Environmental Consultants, Inc. Steven A. Harrison. General Manager Enclosure SAH:ack C:\Corel\Office7\VVPWin7~projects~M-0200-059.97.wod Mio~ni St. Petersburg Atk~nto Page 1 of 5 PROFESSIONAL SERVICES AGREEMENT Thi CLIENT: City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Boynton Beach, F 0~ida. , and scope of work. The in effect for one (1) calendar year from C:\Corei\Office7\WPWin7\projects~l-O20O-O5g-97,wpd Miam~ St. Petersburg Atlanta Page 2 of 5 1.0 SCOPE OF SERVICES Labor Task 1: Permitting Prepare drawings and obtain permit for removal of UST and installation of new aboveground tanks. Permit fees are not included and will be billed at cost of 10%. 1. Drawings,(CADDOpemtor),,~:l~h0urs @$30. 2. (Senior Technician) to Permitting - 20 hours @ $35. 3. P.E.,tosketch rev ew, & seal drawings-4 hours @:$70. Task 2: Removal of Underground Storage Tank Three (3) man crew to remove 1,000 gallon steel underground storage tank provide bacldi compact excavation, c ean and dispose of tank. All work to be performed in accordance with all applicable laws and regulations. $ 420.00 $ 700.00 $ 280.00 $1,400.00 1. Supervisor/Scientist- 12 hours @ $50. $ 600.00 2. Two (2) Senior Field Technicians 12 hours @ $50. $ 840.00 3. Backhoe rental two (2) days @ $275/day. $ 550.00 4. Backfill 5 yards @ $12/yard. $ 60.00 5. Pumping of liquid by subcontractor (up to 200 ga ons& pressure $ 340.00 wasl~ing tank, additiOnal gallons @ $.45/gal). [Estimated 4 hours @ $85/hour. 6. Hand tools. $ 35.00 $ 2,425.00 C:\Corel\Office7~WPWin7\projects~l-0200-059-97.wpd Page 3 of 5 Task 3: Closure Assessment Geologist. to inspect tank removal procedures and collect soil samples ~ One Welt 602/610 ~ , hours @ r. 'lng welt 12 $ 600.00 5. Cerical, 2hours@ $22/heur, 6. P.G tO rev ew Closure assessment report 1 hour @ $70/hour. The findings and resdlts of'the field activities will be compiled into a closure assessment report for submittal to the regulatory agencies, 260.00 44.OO 70.00 1.800.00 Task 4: Installation of Two (2) Aboveground Tanks Purchase and installation of two (2) new 500 gallon single walled steel abovegmund storage tanks for connection to the e~nergency generator. 1. Purchase of two (2) 500 gallon aboveground tanks @ $2300/tank,$ 4,600.00 2, Senior Engineer 3 hours @ $65. $ 195.00 3. Supervisor/Scientist 12 hours @ $50, $ 600.00 4, Two (2) Senior Field Technicians 12 hours @ $35. $ 840.00 5. Piping $ 275.00 6. Miscellaneous materials $ 240.00 $ 6.750.00 C:\Corei\Office7\WPWin7~projects~-0200-059-97.wpd Page 4 of 5 PROJECT-BUDGET Our estimated fee for the performance of the Scope of Services, as presented above, will be: In order to initiate our services, we require a retainer in the amount of: $t 2.375.00 $ 6,187:50 f~e~_ Additional' reports requested by the c lent w I be b ed at: $50.00 IN have duly executed this Agreement as of the day and Allied Environmental (:' ("Consultant") By: By:~ ' Title: ,~. , Title: General Manaqer Date::, ~ :~,, Date: Consultants, Inc. C:\Corel\Office7~WPWin7~rojects~1-O200-059.97.wpd Page 5 of 5 PROFESSIONAL SERVICES AGREEMENT TERMS AND CONDITIONS SCOPE OF SERVICES Allied Environmental Consultams, Inc. (AEC) (the 'Consultant') shall ~er~orm those services set forth in the Professional Services Agreement (PSA) agreed to by both the Client and the Consultant. Prices for ~ materials or b. 'Underground Improvements' am defined as ail underground improvements other than Underground Ut lities, inctuding but not limited to underground tanks, process piping, commun!catlor~ cables, compresse~ air piping~ water~'l~ipin~ Sewer piping~ etc Third Pa Ind-mnffl i n: In the event that the client and/or the owner of t~t~'~ property subject to the PSA has; agreement with a third party which by~ terms, indemnifies the Client and/or owner against losses caused by such 1.1 6.0 LIMITS OF UABILIT~ 1.2 METHOD O~ PAYMENT a. ~: UPo~!. exec~on of this 0 Prop~o~a t~C[ien~Lpay ~be Cop~u~n~ · e ~ ~'~me~e =et ~ m~the P~. ~e ~in~r~ Wi~ appl~ t~a~ ~e final invoi~. b. Billi~:.l~vo~s~ be.s~bmi~ed ~ the on a ~thN 5a~ o~u~o~ ~mpleti0h of a defined .task, whi~eve~ is sh0~er. A final [~voi~ ~fl~log ~e:~isn~'~ due w~ Submi~ U~ ~m~letibn of the pmj~. .~ ...... b. ~ In~i~s~T~s: d. Collection: ~hould it becothe necessai7 to hire an ettomeypr co lecti~, ~gencY, t~ cell~of on p~t due amount~ 'the client will be mspoqs!ble~for ail int~si costs, as welt as attomey, fees, COurt COsts and agency collection ~ . For [[h.e purPoses of any litJgafien ~ing~ unde/F~ the terms of this contm,~t, all~arfies ag re~~that jurisdiction and venueshalI be in M'm4"n[~.~ ade County, Florida. 2.0 RIGHT-OF-ENTRY The Client shall'provide the Consultant with such accas~ t6 ~he s~_bjeut property es fs reaspnably necessa~ to pet~-form tbe services included in the PSA. 3.0 UNDERGROUND UTILITIES AND IMPROVEMENTS Definitions: a. 'Underground Utilities" are defined as all mun cipai, · government or public service COmpany dtility lines i~'cluding, water pipes, sewer-=r~ pipes; gas pi~ea, telephone cables, power cables, cable TV cat,les, etc. Revised February 11, 2000 ~, $2,000,000 insurance with a $1,000,000 general aggregate combined bediiy injury and and c. Workers!' compensation insurance req~ bY ~ ~aws of the ; jurisdiction; Automobile liability insurance with a COmbined limit of $1,000.000 each occurrence for bodily injury and prober~ damage liability. e. Excess liability umbrella with limits of S5,000,000 each occurrence, $5,000,000 aggregate. Insurance certificates will be furnished at the Client's requesL 5.0 INDEMNIFICATION Indemnification Limited to Insurance: The Consultant shall indemnify and hold harmless the Client from and against any and all damages and liabilities arising directly from~the negligent acts or emiasisns of the Consultant, ~ employees, agents, and subcontrecto~s; provided, however, that said indemnification, including, without limitatioe, indemnification for damage resulting from explosion and/or fire, shall be limited~ to the insurance referred to in Section 4.0. The indemnification set forth in this Section 5,0 shall apply only in the event and to the extent the Client is held liable to third parties as a result of the Consultant's acts or omissions and she[ not apply to the Consultant's duty to the Clien~ hereunder. the public a. Consultant may as the the b. ~ Eifi~er party may, after ~ ~r~ notice tO the Other ~. ~,~:~ ,~ PSA,upon the prior W_~'~r~s~nt frdm' the non-sss~Jning c. Ch~?ce~ of Law:~ ~e PSA shall be g~ ah~ ¢O~s~ lo a~an~ ~t~?l~/0f~ the S~ ~ Redda. ~e~ ~ny a~lon ~mught under the P~ Shall be in Miam~Oade Count, d. D~:- ~1 m~r~s to doliam in the PS~er.{o Unit6d S~t~ Dolla~. ~ ~ Jaoet~ ! From: prainito, Janet ~Sent: Tuesday, May 09, 2000 10:21 AM ~To: Atkins, Bill ICc: Bingham, W am; Roberts Christine; DeBeck, B ~Subject: AJlied Environmental Cons~Jltants, inc. - Request for Replacement of Fuel Tank The City Manager returned the agenda packet this morning with one of your submittals unsigned. It is Agenda Item IV-B.6, "Motion to approve ALLIED ENVIRONMENTAL CONSULTANTS, INC. for fuel tank replacement in the amount of $12,375 utilizing the STATE OF FLORIDA, SNAPS AGREEMENT NO. 9731466". The City Manager would like Fire Department review of the proposal per NFPA Standards. Would you please arrange for this review and it will be necessary to have F re sign off on the agenda item request for~. I am forwarding the original agenda iter~ request form to yo~. Thank you, Requested City Commission Meeting Dates [] March 2t. 2000 [] April 4, 2000 [] April 18,2000 [] May 2, 2000 IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C. 1 AGENDA ITEM REQUEST FOE _ Date Final Form Must be Turned in to Cie/Clerk's Office March 8, 2000 (5:00 p.m.) March 22, 2000 ~5:00 p.m.) April 5, 2000 ~5:00 p.m.) April 19, 2000 (5:00 p.m.) Requested City Comnnssion Meeting Dates [] May 16, 2000 [] June 6, 2000 [] June 20,2000 [] July 5, 2000 Date Final Form Must be Turned in to Civ/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.md NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] NewBusmess [-] Public Hearing [] Legal [] Bids [] Unfinished Busmess [] Announcement [] Presentation RECOMMENDATION: Motion to approve the full release of surety for the project known as Boynton Shoppes. EXPLANATION: The referenced project has an active letter of credit no. LC870-101447 from Wachovia Bank in the amount of $4,400, which provided surety for the satisfactory operation of the water and sewer improvements during the one-year warranty period. Both systems have performed acceptably during the warranty period, and have passed final inspection. The surety can therefore be released in full. PROGRAM IMPACT: None FISCAL IMPACT'~ ~. Departm~t Hc~d'~ Signature Utilities Deparnnent Name · ~ Manager's Signature City Attorney / Finance Human Resources Xc: Peter Mazzella Finance Dep~ City Attorney File S ABULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING .A FULL RELEASE OF SURETY FOR WHEREAS, the developer of, :.this parcel has an active letter of credit No.~ LC870-101447 from Wachovia Bank, N.A., in the amount of $4~400~ ~hich provided~ surety for the ~a~factory ~perat~Q~ qf~.~the w~ and :~i~g'~he 0wn-year:~W~h~ peri~.:~'~n~'! WHEREAS, the warranty period inspection~ during NOW; THEREFORE, BE IT RESOLVED BY THE CITX COMMISSION OF THE CITY OF.BOYI~rON BEAC}I, FLORIDA, ~T: Section 1. The City Commission of the City of Boynton Beach, Florida, ~ased upon the recommendation of staff, hereby app=oves a! full release of surety (LC870-101447) for the pr~ect known ~s: Boynton Shoppes,£n th~ amount of $4,400.00. Secuion 2. That this Resolution ef~fect.ive immediatetyupon passage. PASSED ANDADOPTEDthis ~TTEST: City Clerk (Corporaue Seal) s~ca~res~letters of Crdit~Boynton Shoppes052200 shall become da~ of April, 1999. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commzssioner Requested City Conumsston [] March 21_ 2000 [] ~p~a4 2000 [] April 18, 2000 ] May 2~ 2000 IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C. 2 AGENDA ITEM REQUEST FORM Date Final Form Must be ~umed in to CitvClerk'sOl4fi~ · Requested City Commission Meefin~ Date~ March 8, 2000 (5:00 P.m-) ' [] May 16, 2000 March 22, 2000 (5:00 p.m ) April 5, 2000 (5:00 p.m.) April 19~ 2000 (5:0~ p.mO [] lune 6, 2000 [] J~ne 20.2000 ] July 5, 2000 Date F'msi ~:orra Mast be Turned in to City Clerk's Office May 3, 2000 (5:00 pa~) May 17, 2000 (5.~0 p.m.) Iune 7, 2000(5:00 p.rm) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [~] Bids [] UnfinishedBasiness [] Announcement [] Presentation RECOMMENDATION: Ratification of Collective Bargaining Agreement between the City and Boynton Beach Association of Fire Fighters, IAFF Local 1891. EXPLANATION: This is a three year agreement effective October 1, 1999 through September 30, 2002. PROGRAM IMPACT: The Program Impact was outlined during and Executive Session on March 29, 2000. FISCAL IMPACT: The fiscal impact was discussed during and Executive Session on March 29, 2000. ALTERNATIVES: Do not ratify this agreement. Department Head's ~-ure C~ty~Ianager ~ Signature Depmtment Name City Attorney / Finance f Human Resources SABULLE~RMS~AGENDA ITEM REQUEST FORM.DOC RESOLLn-[ON NO. RO0- A RESOLUTZON OF THE clTY COMMISSION OF THE CTI'Y OF BOYNTON BEACH, FLORIDA, EAT[FYZNG THE 1999-2002 COl tE CEI'Y OF ~HE~, AFL~C[O; Of Fire Fighters, Local 1891 : have been diligently of the BY THE CzlY COHMZSSXON OF THE e ,city Beach, Rodda does between the City of Boynton , AFL-CIO, CLC, a of which is attached heret¢ This Resolution shalFbeCeme effective mmed ately upor~passage.. PASSED'AND ADOPTED this ', '~ day of June, 2000. CITY OF BOYNTON BEACH, FLOP, IDA Mayor Vice Mayor Mayor Pro Tern Commissioner City Clerk. S:ca\Reso\Rrefighers 052200 [AFF.CBA 1/29/97 Commissioner October1,1999- September 30.2002 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF BOYNTON BEACH; FLORIDA AND BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS, LOCAL 1891 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, CLC Ratified by Union Ratified by Commission / Final ~ y~ 04/25/00 IAFF CIT Article 1 2 3 4 5 6 7 8 9 10 11 12 13 14 17 18 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 Final 04/25/00 TABLE OF CONTENTS Paqe Preamble ................................................... Recognition ...................................................... Discrimination ................................................... Payroll Deduction of Dues .................................. Union Business ................................................. Representation of the Union .............................. Representation of the City. ............................... Rules and Regulations ...................................... Hours of Work ...... ; ............................................ ~,ertification ......................................... & Registration Fees ........................... ~en~[~i~ List .................................................... ~.~(~ies and Promotions ................................ R~f:i~. .~ ~?~' ~e._ Material. ...... ................................... Bu[l~, Boards ................................................. Amendments & Additions ............... ' Time ..................................... Rights ...................................... 1 2 3 4 5 6 7 8 9 10 11 14 16 19 20 28 30 31 35 36 41 42 44 45 46 47 48 50 51 53 54 55 56 57 60 61 62 63 64 65 67 68 IAFF ~ CITY~ PREAMBLE Section 1. This Agreement~isentered intO by and between the City of Boynton Beach, hereinafter referred to~ as the "City", and the Boynton Beach Association of Fire: Fighters, Local 1891, of the International Association of Fire Fighters, hereinafter'retort, ed to~as the "Union"; Section 2. It is the purpose of this Agreement to achieve and maintain harmonious relations~between the City and the Union; to provide for equitable and peaceful adjustment of differences which may arise and to establish proper standards of wages, hours and other conditions of employment. 99-2092 IAFF~ ARTICLE 1 Section 1. The City hereby recognizes' the U~ion as the sole and exclbsi~)~ bargaining agent for all employees of the Fire Rescue Department'except Chief of the Departmenti Deputy Chiefs, Ba-tta on Ch;efs~,.-F m;.inspeCt~rs, Fire Marshal anti,clerical persenneL Section 2. Th:is recognition wilt be for the purpose of bargaining with ~he 'City with respect to wages, hours of work., and~alt other terms rand cond~ions .of employment, 99-2002' CITY_~ ARTICLE 2 DISCRIMINATION. The City. agrees not-to discriminate against any employee for his/her activity in behalf of, or membership n, the Union. The City' and Union agree that there shall be no discrimination against'any employee,because of,race, creed, religion or sex. 99-20D2 IAFF / ~ CIT¥~ ARTICLE 3 PAYRO Er ,~DEDI~ICTION*OF DUES Section 1. The City--agrees ,to~dedue. t, once,each pay-period dues and assessments in an amount certified;to be'current by,the Treasurer of the Union from~the,: pay,:of~the~e ,emptoyees-,~whe','~indjviduatly" request ,imwrifing. :theft such deductions be made. The, total amount ef: deductions shall be remitted :each month, by the City to the Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement or for, 30 days after notification of the revocation of this authorization by the Union Treasurer. The Union will pay for this service in the form of a lump sum payment of $100,00 per contract year. Section 2. Any employee may revoke his/her dues deduction by going to the Union Treasurer and requesting such. The Union Treasurer shall be responsible for notifying the City's Finance Department of such revocation, 99-2002 IAFF ~ CITY~ ARTICLE 4 UNION BUSINESS Section 1. Up to two officers of the Union or their designees shall be granted time off without loss of pay to attend Union functions, not to-exceed ten (10) shift days per contract year,.pmvided it does not. affect the operation of the Fire Rescue Department. Five of the ten, shift ds,/S {24 hours) may be used in 2 to t2 hour increments provided the ~eave is approved by the Shift Commander not later than the preceding corresponding shift. 99-2002 / IAFF ~5 CITY~ ARTICLE 5 The membership of the U~on shall be represented~bY~'he PreSident of the Union or by a person or.persons designated in wdfing .to the City 'Manager by the P re~,ident~ of th~.~'U hion.~The~ ~dentifi~atier~ 'of, representatives '-sl~all be~ made each year prier t~)~:Aipril~'l'~ me Presiderit-6f~"theUniOm~:orthe Pei's°r~'°r Persons designafed'by ~aid President Shail":have full authority to conClude acollective bargaining agreement on behalf of the Union Subject to a majerity ~/ote of those bargaining unit members voting on the question of ratification: It is understood that the Union representative or representatives are the official representatives.of the Union for the purpose of negotiating with .the City. Such negotiations entered into with persons other than those as defined herein, regardless of their position of association with the umon, shall be deemed unauthorized, and shall have no weight or authority m committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any change in the designation of the President or any certified representative of the Union. 99-2002 CITY~ ARTICLE 6 The City shall be represented by the City Manager or a ,person or persons designated in wdtingto the Union by the City Manager. The person designated shall have full authority to negotiate an agreement on behalf :of the City. It is understood that the~-City representative or representatives are the official representatives of the City for the purpose of negotiating with the Union. Negotiations entered into with persons other than those as defined herein, regardless of their- position or association with the City, shall be deemed unauthorized and shall have no authority-or weight in committing or in any way obligating the City. / 99-2002 IAFF ~ CITY~ ARTICLE 7 RULES :AND~-REGULATIO NS~ Section 1. The Union agrees thai its members shall: comply with ail Fire Rescue Department rules.and regulations, including those relating to conduct · ~ a mddify :rutes and · safety Section 2,' The City ..m Y regulations necessary for:,the safe, :orderly and'efficient operation of the Fire Section 3. A Committee on Rules and'Regulations shall, be established for the Fire Rescue Department. This Committee shall be comprised of six [6) members, three (31 appointed by the City and three (3) appointed by the Union. This cqmmittee shall be charged with the duty of reviewing the published and proposed Fire Rescue Rules and Regulations and issuing advisory opinions to the Fire Chief. This Committee shall meet at least quarterly. Whenever the City changes work rules or issues new work rules, the Committee will be given at least fourteen (14) calendar days prior notice, absent any emergency, before the effective date. 99-2002 I~FF ~ ARTICLE 8 HOURS OF WORK Section 1. All employees cowered under this Agreement presently working a 40-hour workweek shell work 40 hours per week upon agreement between the Union and Fire Chief. Section~ 2. All shift employees covered under this Agreement shall work a 48~ hour workweek, i.e., 24 hours on dlJty 48 hours off duty.with a 24-hour shift "Kelly Day" off duty every throe (3) weeks. The twenty,four (24) hours on duty will be from 7:30 a.m. to 7:30 a.m. the following day. Section 3. It is agreed that neither the, Union nor the City will propose for negotiations a reduction or increase in the 48-hour workweek for a period of time corresponding to the term of this Agreement. Section 4. Based upon the. special needs of the service and the public, shift employees may, voluntarily, on e temporary basis, be assigned by. the F re Chief or his designee to a 40 hour work schedule in order to accomplish special projects or special assignments. 99-2002' IAFF ARTICLE 9 Section 1. Fire Rescue personnel maybb needed'at any'time to fight fires and/or renderemergency medical care. But,~to do so effectively, they need to be constantly prepared. The safety of our Citizens depends a~';'mUi~h on the~"t"ire fighterstabi.lity 'to"~m~imize th~ effectiveness of-~their' equipment;' as it d0eslan ther fire,+fighter9' Wiltingness to risk-thbir live§ to prdtect the lives-and, property Of others. They mu~t be' ready to respond'immediately to an al~mr. Continuous training and equipment maintenance are reqUired:t6 ensure that the desired optimum response effectiveness, is attained. Section 2. The Union pledges to support and participate in training, equipment maintenance, fire prevention programs, emergency medical service programs, and public education programs which have as their goal the increased efficiency of the City's fire protection and emergency medical' service. Section 3; The City andthe Union agree that employees will not be required to perform any task not related to their normal job description, other than routine station maintenance. Routine station maintenance shall be defined as any type of maintenance that is done on a scheduled basis, such as window cleaning, kitchens, living facilities, vehicles and safety equipment. 99-2002 ARTICLE 10 UNIFORMS AND SAFETY EQUIPMENT Section 1. The City shall supp y Fire Rescue Department personnel with uniforms each contract year provided through the warehouse. The issue will include - uniform shirts, uniform pants, covera s, bali caps T-shirts, Last Resort Belt, shorts, work jackets, jobshirts, and patches as needed. Current placement of patches will apply. One (1) pair of boots or safety shoes, on an es-needed basis, will be issued. In the event that. the City changes boot/shoe vendors, department personnel will be p.rovidedr with an option to .purchase shoes or boots of their choice, providing that the shoes/boots comply with department safety and uniform guidelines and that a receipt be provided to reimbursement. The amount to be reimbursed will not exceed $65.00, the difference borne by the employee. Uniforms may be acquired on an "as-needed" basis through "quarter-master" system with the following being the general guidelines for quantities each- fiscal year: 99-2002 2 ea. uniform shirts (Class A) I ea. uniform pants (Class A) I ea. coveralls 3 ea. Uniform pants (Class B) (EMS pants) 3 ea. polo shirts 1 ea. ball cap 1 ea. Lightweight waterproof shell jacket 1 ea. pair of approved black boots or safety shoes (but only when needed). 2 ea. shorts ~ IAFF CITY 3 ea. T-shirts 2 ea. job shirts ~ I ea.'Last ReSort:bel~ith baclde'(bUt 0rily~Wh~n~':fieeded). New emPioyees ~h~ll receive the above listed allocation. the Technical Rescue Team the p~pts. 65% I ReScue Team of B. Nomex jump-suit with extra' ~ng pockets reinforced knees and elbows and reflective tape. Section 3. All fire fighting safety equipment, as determined by Fire Rescue Department regulations shall be furnished by the City. The title to such equipment shall remain with the City. If standards of fire fighting safety equipment change, upon replacement of existing equipment, the replacement equipment will be National Fire Protection AssOCiati~on (NFPA)' recommended. If the Fire Fighter needs a replacement of fire fighting safety equipment, he/she shall submit such request in writing through the chain of command. The Fire Rescue Department Safety Officer shall make a determination as to the appropriateness of such replacement. Once it is determined that a replacement 99-2002 IAFF ~ CIT¥~ is needed, the City shall have a maximum of four (4) weeks to replace the item, unless extenuating circumstances exist. The City shall notify the employee of the extenuating circumstances and of the approximate time the replacement item will arrive. Section 4.~ :The, City shall ,arrange for the repair or replacement of an employee's, uniform, work clothing,-prescription opti,cal aids, watches-:or dentures which become damaged or lost, through no fault of the employee, While the employee is performing fJrefighting/ rescue duties, responding to emergency operations or when conducting training functions scheduled by the department. The City shall be exempt from payment for those amounts which are paid by Workers' Compensation. The request for repair or replacement must be submitted within three (3} months from the date of the occurrence. Section 5. Personnel may be responsible for expenses incurred in replacing lost, misplaced or damaged safety gear and clothing due to personal negligence, or intentional misuse, subject to review and recommendation to the Fire Chief by the Labor Management Team. Section 6. All Fire Rescue Department issued uniforms and equipment will be used exclusively while on duty or at scheduled departmental sanctioned events as determ ~ned by the Fire Chief. 99-2002 IAFF ~ 13 CITY~ ARTICLE 11 PHYSICAL EXAMS & IMMUNIZATIOI~ ' - - Section 1. The City, shall Provide"a~thorough physical examihation, ~or each permanent member of the Fire Rescue Department The exam will be conducted in accorda~ce~lth N.F:P.,~::1582~: Appointm~n~s:fer~hoseexamin'ations'will be ~ made by the Fire RescfJe Department administration,'and'will c0rrespondwitl'i ti're employee s: on-,duty tim . Section 2. The City' shall provide for any immunizations or medical treatment as needed for protection from cuts or exposure to disease suffered in the line of Section 3. A, Immunization The City shall Provide an immunization schedule during the life of this Agreement for all members as a means of protection ~rom the following: Hepatitis - (Type B) Members who refuse to be immunized for Hepatitis- Type B and who later contract that disease shall not be presumed to have contracted the disease while on duty, The City shall offer flu shots for all members as a means of protection from contracting the flu while working during flu season, IAFF 99-2002 CITY~ Section 4. It shall be mandatory for the City to notify the employee when documentation exists that the empoyee was significantly exposed to a communicable disease in the line of duty only after such documentation ~s brougt~t to the attention of the City. If an employee, contracts a communicable disease as listed in.~ Section. . 112~181 of, the Elorida Statutes; -then it,shall,be presumed that the. employee contra:et, ed that disease while on duty, except as stated in Article 11, Section 3-B; Record-keeping, and notficaton of known exposures shall be as required by Chapter 112.181 Flodda Statutes (Cts. 95-286, 1995). 99-2002 IAFF ~5 CtTY~ ARTICLE 12 GROUP~I~URANCE ~' ,, Section 1 .~ Medical Insurance: · The employee cost of all insurance premiums for the =City's principal medical~ insurance shall be 'bOrne by the City. Types of coverage curr~ht y n effect'shallr n~t-b~ reduced. AIt'~policieS ~,h~tPbe-'reViewed made WhiSh ben~flt ~nnUaliy~end modifieations.~to~'the insurance plans may be ~ ~ '~ " both'the City and the employees. Section 2. Lfelnsurance. Members of the ~bargaining~unit ~hall be covered by $10,000 of group life insurance with the premium paid bythe City. City also agrees to contribute for additional insurance coverage for each member of the bargaining unit, with total payment from the City not to exceed $3,600 per year. Section3. Dental Insurance: The City will pay the premium for the employees and $7.00 of the premium for family coverage. Section 4. Fiscal Responsibility. Both the City and the Union understand that the costs associated with providing additional benefits for employees has significantly increased over the past several years. It is the intent of the City and the Union to work together in order to find acceptable ways to reduce the City's expenses associated with providing additional benefits for employees. 99-2002 ~6 IAFF~ CITY/~ Section 5 _A- ~ace. Both the City and the Union recognize that substance abuse is a wide-sp[ead problem within- our society. The Union will assist Fire Rescue Department employees in obtaining assistance and treatment, if alcohol and/or substance abuse is apparent The,Union endorses the Drug Free Workplace Policy of the City of Boynt0n Beach, and will cooperate fully with the City to continue with the implementation and enfomement of the policy. B.' The City and the Union agree to re-open this Section withir~ year two of this agreement for the purpose of discussing a revised City Drug Free Workplace Policy. Section 6. The City agrees, that for a I:ull-time firefighter who is killed in the line of duty as per F.S.S. 112.191 (2)(f) or suffers a catastrophic injury, as defined in F.S.S. 440.02(37) and provided for in F.S.S. 112.191 (2)(g), or partially or totally disabled as provided for in F,S.S. 112.18, the City shall pay the entire premium for the employer's health insurance plan for the injured employee, the injured employee's spouse, and for each dependent child of the injured employee until the child reaches the age of majority or until the end of the calendar year ~n which the child reaches the age of 25 if the child continues to be dependent for support, or the child is a full-time or part-time student and is dependent for support. The term "health insurance plan" does not include supplemental benefits that are not part of ,the basic group health insurance plan. / 99-2002 IAFF CITY If the injured employee subsequently dies, the employer shall continue to pay the entire, health insurance premium f~or, the SurvMng spouse u~til"~ma~fi~d, and~ for the dependent children underIhe conditier~s outlined n,~isparagraph~ 99-2002 IAFF ~ CITY~ ARTICLE 13 OPERATOR'S INSURANCE Section 1 The City shall defend and hold harm ess any employee covered by this Agreement, 'except any empoyee under the influence of alcohol, habit forming drugs, or malicious driving, who is sued as a result of any acc dent while on duty us ng C ty equipment. Se~tion 2~ The City ~l~all nOt as~s gn any voluntary off-duty services from bargaiai~g unit empJoyees where ~uch service(s) will involve any direct duty related W~ik Such as fi~efJghfing or emergency meal cat servces. This ArtiCe d°es not p~ohlb t employees ~mm vglUnteering, the r off-dut t me to ' ' · events which have, astheir u !im~t? gaal, act vities such as public education or public relations for the Ece R~scue Denartment nrn~/ volunteer service does not waive an emp oyee's coverage under the provisions of Section 1 of this Article. 99-2002 IAFF / k19 CITY~ Section lA. Effective OctOber 1,' 1999, the Salary ranges for the job classifications covered y this Agreement are as follows. The base sa aries r~r. esented within each range are inclusive of mandY, tory CertificatiOn as Embrgency Medicai T~{h ci~ds (Previously 5% of ~oase). Hourly Annual I Pay Hours Grade Week Minimum F refighter Proi~. 14P 48' ~ $1~1.84 r/$29~557 ~'~:t~l~: ~5i.468 ~$1~;21 . $45,~447 Firefiahter ,~14 48' ~ $12.15 ~0~337 ~ ~5~8:~.~,~0~ ~$~:~69~ $46,6~ Fref hterl 15 48 ~ $12~62 $31;509 ~ ~;15~[~;$~81% ~Q~51. $51~187 Freft hterll 18 ~8,. ~ $~.03 .$35,0~ ~ ~ ~..., , ~ $56~086 Leutenant 23 ~ 48:. ~ $1~6~8 $~',893 ~ ~9~6 ~;072; ~6,~4; . $65;253 Capta n . ~ ,: ~ . _ ' " 26 48 $1~'79 ~1~-~ ~1,~: $5~97 '~27.9. $69~711 Paramedic Technical Rescue NON~HIFT EMPEO~'~EES Pay Hours Hourly Annual Hourly Annual Grade Week Minimum Mlhimum Maximum Maximum Firefighter Prob 14P 40 ~ $14,2t $29,557 ~:$,1t;::/':i051 $35,468 ~ $21.85 $45,447 Firefighter I 14 40 I~ $14.58 $30,337 ~ ~;50.:~ $36 404 ~ $22.42 $46,644 Firefighter 15 ~ 40 f~15. i4 '::~1,509 ~i:"~8~1~8:' $37,811 ~$24.61 $51,187 40 ~ $16.8 ;$3 , , ~::,,. : : ~ . $56,086 Firefghter I 18 4 &025 ~0!~2;i $42030 $2696 Lieutenant 23' 40= ~ $19.66 ~$40.893 ~2,_'~.~',.~5~9:~' '-$49,072 ~ $31.37 $65,253 Captain 26 40 ~ $21.35 ~$44,414 !~.$~i62:$53,297 ~ $33,51 $69,711 Paramedic $3.6( rate) Technical Rescue NOTE: The Deputy Fire Marshal is a bargaining unit member;and receives a salary commensurate to Lieutenant. / 99-2002 IAF~ ~0 ' .-Section lB. Effective OCtober 1, 2000, the sa ary ranges for the jOb class ficat OhS covered bY this Agreement are as folloWS, The base salaries rePreSented w thoin each raage are inClus ye of mandatorY C~ fi~Atisn as E~erge~c~ M~dica[ Teohn ~[a~ (previObSly 5 yo ~f b~se)~: r[ SHIFT EMPLOYEES : Annual Hourly Annual Midpoint Maximum MaximUm FireficjhterProb :14P 48 ~ $12.1~;; $30,296- ~ i. . $ 4.56 $36,355 $18.66 $46,583 !Rrefighterl .,,,1~ ' 48; $12~4E ,$~;095~,!/ ~$1~95 $37;314~i' .~:$i9.1!5, ';~irefi~hter:lt' '~ ,15 . .i$1'2.9zt,: $~;~97~'~ ~ !$'i5:53$38,756 $21,02 $52,~67 ~i~efi~hter:ltl ~ 118' : ~8': ~$14.38 ~:.: ~$~;~9~':~ $7.26 " $~,,,,081, ~ $23.02 .~ eutenant 23 ~ . . .... ? ~ $~6.79 .~ ;$~1,~.5: ~0 t5 $50,299 ~ . . ~ ~ ~ ~ $~6.8d",$66,884 : P , , , , ~ $~8.24. : $~,52~: ~ $21.89 $54629 , F~a'ramedic 'Fbchnical Rescue $0.48' .... Pay Hours Hourly . Annual Hourly Annual Grade Week Minimum I Midpoint Maximum Maximum Fi~refighter Prob 14P 40 ~ $14.56 ' $3(~6 ~ $1L48 $36 355 ~ $22.39 $46,583 refighterl 14 O ~$14.95 . $3t.~95 ~i$1.7.94~ $37,314 ~ $22.98 $47,810 '~refighterll .15 ~ ~ , ~,,,.~ ~ ~;~8,,~. ~ou,~ ~ $25.22 $52,467 ~0 $15 53 ~3~ '7 ' ~'$~ ~ ~ ~refighterlll 18 40~$1'7'26 ' ~[~r'~'~;[$20'71~ $43,081 ~$27.62 $57,448 lieutenant , 23 40 ~$20.15 '~[~5 '~;~$24~1~: ~,299 r~ $32.15 $66,884 ~aptain 26 40 ~ ~1.89~, ~,~' ~'~'~/~ ~ ~ , ~ , ~Sr 524 ~,;~2R--P6 $54,629~ ~ $34'35 $71,453 P~ramedic T~hnical Rescue PAY N~TE: The Deputy Fire Marshal is bargaH!~ unit member and receives a salarY commensurate to Lieutenant. ~ 21 99-2002 IAFF ' CITY~ Section 1C: Effective OCtober 1, 2001i the salary ranges for the job ClassifiCations covered bY:this · i Ann~l HOurly Annual Paramedic TechniCal Rescue :;HourlY Annual Firefighterl 14 ~ ,?'~$18~39: $a8i2~6 $23~56; $49;005 ~,.. :~."~,, ~$~Z;,~¢¢!~!:~;i$1!9~!0: ; $39~25;: $25;85 I $53,779 Lieutenant: 23 :; ~0;%: ~:$2~; .;$42;~;~;~24;;79; $51;:,556: ~ $32.96 I $68,556 Captain 26; :407 $~,63 ~;~:~;;[~$27!5: $56;~76 ;~ $35,21 t$73 239 Paramedic Technical Rescue NOTE The DeputY Fire MarShal isa ba ~ Salary commensurate to Lieutenant_. 99=2002 Section 2. Beginning October 1, 1999, the 2.5% step plan matdx is no longer in effect. Salary adjustments, specific to performance appraisals, as identified in Section 4 ID), will be provided beyond the term of this agreement and will be considered the statusquo for FY 2001/02 andrall fiscal years thereafter. Upon implementation, any s~bsequent.cha~ges in the Performance appraisa~ instrument will be ~made by the Labor-Management Team. Section 3. Employees at, or above, the maximum .of their respective range, upon ratification of this agreement and with consideration to Article 26, Section 3, Medical Certification, will remain at their current salary, and will receive a salary adjustment in the form of-a lump sum payment equal to the amount they would receive based on the criteria included herein. This lump sum payment shall be considered a salary disbursement included in W-2 holdings for the purpose of pension calculations. Section 4. (A) Effective the date of ratification of this agreement, each member of the bargaining unit will receive a three and one-half pement (3 1/2%) base pay wage adjustment, the arrearage amount calculated to anniversary date occurring between October 1, 1998 and September 30, 1999, and the arrearage amount will be payable in a lump sum the ~econd pay period / 99-2002 IAFF23~ CITY~ following ratification, There will be no re-calculation or payment for overtime or callback retroactively;':' (B) (B) For the.fiscal year beginning October-I, 1999, each member of'the bargaining un t shall be~eligible to receive a four percent (4.0%) wage adjustment rite base:pay' oii.tlie~r~anmversa~rY~ date subjeet'to a performance appraisal rated as sat~sfac ory" er better,':uiileSs the-~emPleyee ~ reached. their maximum salary' cap, as noted in Section.l, .the retrOaCtive amount to be paid in a lump sum the second pay period following ratification. Employees who reach and excee(~ the maximum salary cap shall receive no base salary adjustment, but will .receive a lump sum payment equal to the amount they would receive based on the criteria included herein. This' ump sum payment shall be considered a Salary disbursemem included in W-2 holdings for the purpose of pension calculations. There will be no re-calculation or payment for overtime or cai back retroactively. (C) For the fiscal year beginmng October 1, 2000, each member of the bargaining unit shall be eligible to receive a four and one-half pement (4.5%) wage adjustment into base pay on their anniversary date-subject to a performance appraisatrated as "satisfactOry" or better, unless the employee has reached their maximum salary cap, as noted in Section 1. Employees who reach and exceed the maximum salary cap shall receive.no base salary / 99 -2002 IAFF CIT adjustment, but will receive a lump sum payment equal to the amount they would receive based on the criteda included herein. This lump sum payment shall be considered a sa!ary disbursement ~ncluded in W-2 holdings for the purpose of pension calculations. The new Pay for, Performance. appra sal instrument will be incorporatedl during this period (October 1, 2001) and will be used, in part, as the reference document for future salary' adjustments. (D) For the fiscal year beginning October 1, 2001, each member of the bargaining unit shall be eligible to receive atwo and one-half (2.5%) wage adjustment into base pay on their anniversary date, unless the employee has reached their maximum salary cap, as noted in Section 1. In addition, each member of the bargaining unit shall be eligible to receive an additional OI to 4 percent (0 - 4%) wage adjustment into base pay on their anniversary date subject to the Pay [or Performance system, unless the employee has reached their maximum salary cap, as noted in Section 1. Employees who reach and exceed the maximum salary cap shall receive no base salary ac~justment, but will receive a lump sum payment equal to the amount theywould receive based on the criteda included herein. This lump sum payment shall be considered a salary disbursement included in W-2 holdings for the purpose of pension~ / calculations. (E) In the event an employee receives aless than~.satisfactory, perf(~rmahce evaluation during any annua! evaluation period, that employee shall not be eligible for a wage adjustment Instead, the employee's wage adjustment shall be delayed for a.peded of ninety (90),days,' at~hich timeithe emptoyee.'will~be re-evaluated. In the event an employee receives a sat Sfacto~/orgreateF: performance evaluation, then that employee shall be granted-~he wage adjustment on the first full payroll after the completion of ninety (90)days. The employee's denial of a wage adjustment shatl continue in ninety (90) day increments each time an employee:receives a less than satisfactory performance evaluation; (F) In the event an employee has five (5) or more occasions of use'of sick leave during any annual evaluation period, that employee shall not be eligible for a wage adjustment, instead, the employee's wage adjustment shall be delayed for a period of ninety (90)days; during which it will be determined if the employee has had more occasions of use of sick leave. In the event an employee does not have an.additional occasion of use of sick leave, then that employee shall be granted the wage adjustment on thefirst full payroll after the completion of ninety (90)days. The employee's denial ~f a wage adjustment' ? 99-2002 IAFP CITY shall continue in mnety (90) day increments each time an employee has one or more additional occasions of use of sick leave. 99-2002 / IAFF. CIT~~ ARTICLE 15 Section 1. Call Back: Call back is defined as any time an employee is called into work when the employee is off duty, or when the work time is not contiguous with-the employee's assigned shift. In the event of call back, the emplOyee shall be paid for the actual timeworked but not less than two (2) hours at a rate of pay one and one-half (1 112) times the employee's basic hourly rate as reflected in Article 14,-WAGES, and inclusive of Certification Incentive Pay. The procedure for "Call-Back" will be in accordance with Labor/Management Team guidelines. The Chief can waive the above provisions if he/she believes the situation warrants. Section 2. Overtime: Overtime is defined as any time an employee is required to stay longer than his/her assigned 24-hour shift by his/her supervisor. Overtime shall be paid at the rate of one and one-half (1 1/2) times the employee's basic houdy rate as reflected in Article 14, WAGES, and inclusive of Certification Incentive Pay. Employees who are in a duty status less than ten (10) minutes either before their shift or after their shift will not be eligible for overtime pay. Employees who are in duty status for ten (10) minutes or more either before their shift or after their shift must be so only with their supervisor's approval in order to be eligible for overtime pay at the overtime rate. 99-2002 iAFF~28 CITY~ Section 3. Employees who are renewing certificates, or who are attending classes not required by the Chief or his/her designee, will not be compensated. 99-2002' IAFF~ 29 CITY~ ARTICLE 16 Section 1. Employees covered by this Agreement may exchange their working shift or shifts and exchange their off-duty day or days with other employees. The shift officers of the employees who are exchanging rtime, shall not permit the exchange if it affects the normal operation of work, if call back is required, or if step-up pay is required. Exchange time shall~ require at least twenty-four (24) hours notice to the shift officers, except- in the event of an emergency to the employee when the exchange of that employee does not affect the normal operation of that shift(s). Section 2. For the purposes of this article, the ranks of Firefighter I, Firefighter II and Firefighter III shall be referred to as "firefighters" and Lieutenants and Captains shall be referred to as "officers". Firefighters may only exchange time with other firefighters, and officers may only exchange time with other officers, with the only exception being that Firefighter IIl's may also exchange time with Lieutenants. 99-2002 / iAFF~~0 CITY~ ARTICLE 17 .SICK. LEAVE Section 1. Any employee incurring a non-duty sickness or disability shall receive sick leave with full pay provided the:emPloyee has accumulated hours. Employees covered under this Agreement shall: be allowed ~tWelve-hours Of sick leave per each monthof service from their, first day of employment; and sha;ll continue to do so.as long as theyare employed. Unl~imited accumulation Of sick leave is authorized. Employees who have more than two hundred forty (240) hours of sick leave as of April 1 of the current year; may request,to transfer, no later than than April 1st, up to one hundred (100) sick leave hours to vacation leave hours provided that accumulated sick hours shall not drop below240 hours as a result of the transfer. Transfer of this time will be credited to the employee's vacation bank during the month of April, Section 2. Upon termination or retirement, unused sick leave shall be compensated at the rate of one-half (1/2) the total number of hours accumulated, 99-2002 IAFF ~ CITY~ Section3. For every consecbtiW~ siX.month period, elapsing since the emp oyee's last sick occurrence; shift employees shall receive 24 hours, vacatibh time and 40-hour employees shall, receive 16 :hours vacation time. The ~DlOy.eTe~ ~a[ ? be ~mspo~sible~for mquesting~ within,sjxt'~(6O) d~ys, o~.~th:e end ~of tl~e~six~mon{h;,pe~io~tt~at ~h~,lime~be~added to. his/her vacation;~ . -~ ' ~ Section z~ .~-Er~pleyees ,covered~ under. ~his. Agreemer~ ;v~i[l- be;~ required to p~ovide* a;~doctor's certificate w~¢h wilti include the date the employee;was exam ned, the date he/,she iS, medic~aty cleared to return.to work and under what restrictions the..employee may return' to regu ar and/or light~ duty if they are absent and ~take sick leave I=or more than:two (2) continuous full~ shift days. Section 5. :Sharin,q SickLeave A. it shall be the policy of the City to permit an employee the opportunity of donating accrued sick leave time to a des gn. ated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted ail accrued sick/vacation time. B. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or ~njury. 99-2002 CITY~ C. When there appears to be a need to share sick leave in accordance with this Section, the Union. Steward will prepare a list of ba~rgaining unit members who are willing to contribute sick leave hours, confirmed through the Finance Department that the hours are available and submitthe list to the Human Resources Office for proper charge to sick leave, records, ~ Time used witllbe used in the order listed on the appropriate form supplied by the Union Steward. D. Any donated sick time will not reflect as sick time taken by the employee; therefore, donated sick leave will not be counted against an employee's sick leave record. Section6. Employees who call in sick, may return to work during the remmnder of their shift if they feel capable ef performing their work duties. An employee who returns to work after calling in sick, must use a minimum ~ncrement of 12 hours of sick leave before they may return to work.. Employees who leave work during shift due to illness must remain out for the remainder of the shift. Section 7. Light Duty. Employees may return to work with a Light Duty Certificate and/or a letter completed as set forth in Section 4 of this Article from their physician, provided there is work available within the Department, and that work would comply with the doctor's requirements. Availability of light duty assignments will be determined by the Fire Chief. 99-2002 IAFF ~ Section 8. Permanent employees that have exhausted their accumulated sick leave:andrare Still ,unablete retum..t(~ work may draW againsttheir annual leave account (vaca~ion,time).,~,S~h request mast be made to'the Fire Chief, by the employee, who in-turn must notify~the ,Human Resburces Director on the appropriat~ ~e[m~ ' - section 9: NO mom than five~(5) ,wOrking days~ or forty (40) hoars, whichever is greati~r, in anycalendaryear;~may b~ taken for forty (40)"hour em~31oyees, and two (2) shift days~for shift emPloyees,'as sick leave because of illness wi{hin the immediate family; In the case of.a prolonged, serious illness witl'iin the family, an employee may be approved for additional family sick leave only if authorized by the Fire Chief, the Human Resources Director, and the City 'Manager. For the purpese of thisSection, a doctor's letter must be submitted and .the "immediately family" shall consist of the employee's spouse, parents, and child ten 99-2002 IAFF CITY~ ARTICLE 18 COMPASSIONATE LEAVF In the event of the death of a family member of an employee, the employee shall be granted one (1) shift day leave on a day of the employee's choosing within two (21 weeks of the death. ,The employee shall be granted two ~(2) consecutive shift days leave on the days of the employee's choosing within two weeks of the death, if out of state travel for interment is required. "Family member'' is defined as the employee's spouse, mother, father, foster parents, mother-in-law, father- in-law, grandparents, grandchildren, brother, sister, son or daughter. Verification of the death must be supplied tothe City Human Resoumes Office. 99-2002 IAFF ~5 CITY~ ART1CLE 19 Section 1 (A)lhe following plans (A and B) o'utliRe the vacation leave policy for both the zt0-hour employees:and the., Fire Rescue Department shift employees; VacatLens~.wlll b*' e ~*'cked on e~Seni~rit~, y basis,andi ~an be takeh n ihcrements 0f 12~or, 24 hours, one Sh[~ at a',time.. ' - " PlanA: T~he,foltowing language and schedUle- apply to all full time employees with an,~employment, date prior to October 1; 1993; , FULL-TIME/NON-SHIFT EMPLOYEES Each full time employee,with the exception of ~hift members of the Fire Rescue Department, shall earn vacation leave at the rate of one working day per month during the first year of service. Each employee shall, at the end of each year thereafter be credited with additional vacation days (accumulated in hours) for each full year of continuous service as outlined in the chart below. The number of days/hours credited per year will not increase after the 21st year of service unless the included chart is amended. Employees on initial one-year probation are not eligible to take vacation for the first six months. Vacation may be accrued in accordance with the following schedule. 99-2002 Plan A Vacation Accrual Policy (Based on 4Ohour work week) years of Service Vacat on Days Vacation Hours 1 year 12 96 2~3 years 15 120 4 years 16 128 5 years 17 136 6 Years 18 144 7 years 19 152 8 years 20 160 9 yea,rs 21 168 10:15; years 22 176 16-20iyears 24 192 21'iye~'~-s & after25 200 FULL-TIME/SHIFT EMPLOYEER For purposes of vacation leave, each shift member of the Fire Rescue Department shall receive the equivalent of six (6) shift days (144) hours) per year vacation. Each shift member of the Fire Rescue Department shall earn one (1) 24-hour shift day additional vacation t~or each [our years of continuous service. The number of days/hours credited per year shall not increase after the 16th year of service unless amended. In computing vacation leave eamed, no increments will accrue for any pay week which includes three or more days of leave of absence without pay. For uniformed members of the Fire Rescue Department no increments wilt aCCrue for any three week pay pedod which includes four or more days of leave of absence without pay, or the appropriate pementage of the pay pedod. Employees may accrue vacation leave to a maximum of the leave earned in the most recent two emp ~ment~Years; and;,inaddition, will include hOurs earned as referenced n, Article %7, Sick Leave, Section 3 Plan B: The following anguage and schedule apply to a ful t me employees with an e~31oyment date ef October 1;.,, 1993~ and thereafter. Each full %~e amp oyee with the exception of~shiff members of th~ Fir~ Rescue Departm~shall earn vacation leaveat the rates shown n the sch~ d~ 'e .°utlined in this section. Each employee shall at the end of each year be credited with additional vacation days (accumulated in hours) for each full year of continuous service a~ noted in the chart beloW. The number'of days/hours credited per year will not increase after the 20th year of service unless the schedule is amended. Employees on their initial one-year probation are not eligible to take vacation for the first six months of employment. Vacation may be accrued in accordance with the following schedule: Plan B Vacation Accrual Policy (Based on 40 hour work week) Years of Service Vacation Days I year 6 2 years but less than 5 12 5 years but less than 10 15 10 years but less than 1717 20 years and after 20 VacatiOn Hours 48 96 120 136 160 99-2002 IAFF CITY FULL-TIME/SHIFT EMPLOYEES For purposes of vacation ~leave, each shift member of the Fire Rescue Department shall receive the equivalent n umber of vacation shiffrdays (24 hours) as outlined below. Each shift memberof the Fire Rescue Department' shall earn one (1) 24-hour shift day additional for each four years of continuous service. The nUmber, of..days/hours ;credited per year shall not increase after the 16th year of.service unless amended. Vacation Accrual Policy (Based on Fire Rescue Department 48 hour shift) Years of Service Vacation Shift Days Vacation Hours_ 1 Year 4 96 2 years but less than 5 5 120 5 years but less than 10 6 144 10 years but less than 157 168 15 years and after 8 192 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years, and, in addition, will include hours earned as referenced in Article 17, Sick Leave, Section 3. Section I (B). The City and the Union agree to rs-open Section I (A), within year two of this agreement, for the purpose of discussing the twO-tier vacation accrual provision. Section 2. Effective 10/01/2001, the maximum vacation accrual time criteria will change from a calendar year (January 1, - December 31) to a fiscal year (October I - September 30). Previously, the contract stated: 99-2002 IAFF ~' 9~CITY~v Vacation leave accrued during January 1 - December 31 may exceed this stated po/~¢y (two [2] year maximum accrual), however,',any ~amount ovbr the allowable,maximum that~ has,~ not been~ used during :that period (JanuarY;'1 -December 3 I) wi//'be' forfeited~as of December 3~1. , In,:.:o~d~ ~Q;pr, evide a ~smooth:,,transition from. calendar year-te~-fiscat year, employees,_will~be!, given~,?adch'tio-naJ':~ime to~bse~ their acc~ed~leave WithOut penalty. Those employees who are over their, two (2) year maximums-on December 31 2000 may carrY the overage into the year 2001 without loss of time. Employees who are still over their maximum on September 30; 2001 will forfeit the number of hours accrued over the two (2) year maximum. Section 3. For special "one time" kind of events, employees will be allowed~to accumulatemore than two years earned accrued vacation with,the prior approval of the Chief. Such approval must be received at a time prior to the two (2) year maximum accrual that is equal to the extra accrual that is requested. ' Maximum accrual will be limited to three (3) yearseamed vacation. Example: An~ employee may accrue 12 shift days in two years, The employee requests two additional days beyond the maximum. The employee must submit his/her.request for the two additional days four months prior to his/her 12-shift day maximum for approval to extend the 12 days to 14. Section 4. Personnel requesting vacation time on the same day will not be approved if the issuing of the vacation time results in call back. 99-2002 IAFF CITY ARTICLE 20 PERSONAL TIME Section 1. Any employee covered by this Agreement shall be able to use his/her vacation time, or compensatory time in two (2) to twelve (12) hour increments,: for persona/reasons while on duty. Section 2~ This privilege Sh~l be available only when~such use will r~ot. be detrimental to the efficient/normal operation of the Fire Rescue Department as determined by the Chief or his/her designee, ~ection 3. Efficient/normal operating levels shall be determined by minimum staffing as determined by the Fire Chief. ~Section 4, Seniority will not be a factor in granting personal time. No grievance procedures will be available to any employee regarding this Section. 99-2002 IAFF ~ CITY~ ARTICLE 21 Section 1. The following days shall beconsidered'holidays: New Year's Day, Martin Luther King Jr. Day, Washington'sBirthday, Memorial Day, independence Day, Labor Day, Veteran's Day; Th~anksgi~ng DaY,~'~nd the 'Friday'that'~'ollows Thanksg~Ving,~Christmas:D~y,, an:d~Ch~is~mas Eve.~- Any additional~;.holid~¥s declaredbylthe City: shall be added to-the above:.list .Any emplOyee'covered by thiS Agreement; in pay status, at thetime the holiday occurs, if 'assigned to a 24- hour shift, shali~receive 12-~hoUrs pay for~each holiday. Forty-hour employees will follow the holiday schedule for all non-union employees. Section 2. If an employee covered by this Agreement wishes, the employee may receive the above (Section 1) holiday pay,~ (with the exception of Labor Day which will be paid as a regular holiday), at straight time in one lump sum on the last pay period in August of each year. The individual employee will s~gn and have in the Finance Department, the first week of the current contract, afc rm as follows: 99-2002' IAFF CITY~ t, , hereby authorize the City to withhold my holiday pay unti the last pay pedod in August, with ail proper withholdings taken out. I' understand that'at ~o time dur r~g this period unc~er any circumstances, eXcept if I am no longer covered under the barganing unit, will request, my monies until the last week of August. Newly hired, emp· oyees to the Fire Rescue, Department. shall- have one week fromdate of. employment, , to sign up ~or the ho day pay opt on. The holiday pay will be based on the number of holidays .remaining in the contract year. 99-2002 CITY~ Section 1'. Any ARTICLE 22 by th~s ~Agreerhent Who' is ~sUmmoned or subpoenaed to appear in a court of law, while off duty, as a rresult of his/her emptoyn3ent,as.!a~memfier .of~,the~Fire,R~scue iDepartm~ent;,wi~t be~ p~cF~f~r his/h:er court ~time: at '[he rate of one and one-half; (~1~ 1~/[2') times his/he~ ~[ei~ hOurly rate, excluding travel time, provide(J the Fire Chief is given prior :notification so that the Chief has the opportunity to schedule such appearance dudng regular duty hours. The employee will receive a minimum of two (2) hours pay, and the em ployee shall return all fees received from the Court to the City. Should such summons or subpoena require the employee to appear on a day that they are on duty, then the pay of this Section shall be waived by the employee. Section 2. Any employee covered by this Agreement who is required by a court of law to appear for jury duty during a day when they are on duty, shall retum all fees received from the court to the City, excluding travel expenses. The employee shall notify the Fire Chief upon receipt of a summons for jury duty. 99-2002 IAFF CIT¥~ ARTICLE 23 .,WORKING OUT OFCEASSIFICATION Section 1. Any employee covered by this Agreement, who is assigned the duties and/or responsibilities of a range.above his/her current classification in the absence ef their directs,upervisor' sha~[b~ cQmpensated fer holding that higher positien ~t a rate 0~ pay equivalent t~ ~%for each rank worked out of class. When assigned,, the· emp oyee shall accept· the duties~ and responsJb lit es of the position, Thejnt~ernal ranking of Fire Fighter J, 115. and I11 shall be considered as one clas$[ficafion~(Fi?e Fighter) ontyfor purposes of this Article~ Pay for such an employee working oqt of cJassification will commence only upon and subsequent to the sixth (6th) occurrence (occurrence defined as a minimum of 12 hours during a shift) of such action. In the event that an employee is promoted into a higher classification and then works out of class again (in the higher class), PaY for such an employee working out of classification will commence only upon and subsequent to the 6th occurrence of such action. Section 2. Higher claSSification assignment shall, with the Chief's discretion as to ability, be made on a rotating basis in order to afford all employees an equal opportunity to gain experience in the next higher position. The Chief, or designee shall make official notification to the acting party. This notification shall be logged as part of daily permanent records. Section 3. Assignments will not be changed so as to intentionally avoid payment. 99-2002 IAFF ~~J ITY ARTICLE 24 Section 1. All employees covered-by"thiS Agreement Shall be permitted-to attend schools or' classes while on duty, L~ing perS°nal time as defined in Article 20, for the pUtl~Se of 'obta[ntrfg' th6~flucat~on- requ~r~ 'foe advancement oi~ the updating 0f skills 'ahd kn0wledg~, 'pr~vided~that such leave'wtll not reduce the ~hanDower of any shff b'el~w :a~deFtabie~'limits !6r resa[tTM in' overtimel~% ~ determined bythe Shift Cbmmander;; S~ch leave will~ be on ~ rdtatit~g basis. Section 2. The City'~h~{ll pay; upon comPletion of~ Classes in~ acco~rdance with the'Boynton Beach Fire Rescue Department Tuition Refund Program, attached as Addendum "A'. Section 3. The City shall provide an :opportunity for sending members of the F~re Rescue Department covered by this Agreement, not to exceed funds established in the City budget to approved out-of-town training classes. A list of classes shall be posted so each employee wilt have the opportunity to request the Class or classes of his/her choice~ Those attending shall be entitled to travel pay in aCcordance with City policy. Section 4. Employees will be allowed to use on-duty time, without loss of vacation time, for classes necessary to remain certified in their' current classification, or for classes required by the City. 99-2002 /- IAF CITY~ ARTICLE 25 Fire Rescue Department Empl.oyees covered by this Agreement will be eligible for a monthly education incent~e payment not-to exceed the supplemental compensation limits set ,forth in applicable Florida Statute (currently, FSS 633-382),and the corresponding.reg~!lations in the Florida AdministrativeCo.de, 99-2002 / iAFF~47 CITY~ ARTICLE 26 Section 1. Employees holding a~alid- and cUrrbnt ?paramedic certificate in accordance with the Florida Statutes andwho perform active Paramedic duties as assig.~ed~ l~y :the Fire~C'~['ef~ ar~d';~M~iCal~Direct°r ~Nill receive $774~88:~This amount' ~ll equat~'~o an ho6dy ratee~$3:0g pe~our ~over' and-above ;th'e base rate of pay, which will not be included in the employees maximum. Employees currently receiving over $7',488 annually for Paramedic incentive will remain at their current rate at the date of contract ratification. This assignment pay shall be considered a salary disbursement included in W-2 holdings for the purpose of pension calculations. Section 2. An employee holding a valid and current Paramedic certificate in accordance with Florida Statutes who could perform the duties as assigned by the Fire. Chief and the Medical Director, but who is inactivated, either by choice or administrative direction, as an active Paramedic and is not on assignment as a Paramedic by the Fire Chief, will no longer receive the $7,488 annual Paramedic incentive pay. Section3. Both parties agree that Flodda State Emergency Medical Technician certification is an inherent qualification to the job and is a job requirement. To this extent, the five percent (5%) incentive that was provided in previous contracts is no longer provide,~ll personnel, upon ratification of this 99-2 ~ 02 IAFF CITY agreement, will have five percent (5%) added to their base salary for the purpose of determining a new base~ salary that- nc udes the prey ous five pement (5%) incentive. Employees whose., adjusted base salary exceed the maximum base salary within the r respective .class fication as a result,;of:this change,will be allowed to exceed th,e maxi~,um in accordance, with ,Article 14, Section 3, Wages. 99-2002 CITY~ ARTICLE- 27 ','. U'CENSES'& REGISTRATION:FEES The City shall pay the fe~ for~ any liCet~se~;require'd ~by the S~ate or City, such as EMT renewals or certificates. In ~he event"~Of .an~;'changes required 'by law regard~g:~drive¢~libense nfs. for fi~efighters,",the City shall pay the initial fee only for such license changes. Ali Subsequent renewal of such license fee shall be the responsibility of the emPloyee. 99-2002 / IAF F~~50 C I TY~ .ARTICLE 28 SENIORITY LIST Section 1 The Fire Rescue Department shall establish a seniority list and it shall be updated on January. 1st of each year. Such list shall be posted thereafter on the bulletin board at each Fire Station, and shall be considered correct unless objection is raised within thirty days of the posting. After thirty days, it shall stand approved, unless documented evidence is presented to justify changes or adjustments. Section 2. Employee's seniority is established from the date of approval for employment by the City of Boynton Beach Fire Rescue Department. If two or more members are employed on the same date the seniority standing shall be determined by the original entrance test score for the Fire Rescue Department, the higher score placed higher on the list. If the test scores are the same, the date of application for employment with the Fire Rescue Department will determine the seniority status, the earlier date being placed higher on the list. Section 3. Layoffs and staffing cut-backs shall be determined by the seniority list. The lowest on the seniority list will be laid off first and so on up the list. In the event of layoffs and/or cut-backs, the City agr~ees to notify the union president in writing, no later than two (2) weeks prior to said action. Employees who are la/d- off shall have recall rights for a period of twelve (12) months and shall be recalled in the reverse order in which they are laid-off, i.e., last laid-off will be first 99-2002 IAFF CITY recalled. No new employees will be hired into any classification while a laid-off employee has reca rights. 99-2002 iAFF~52 CITY~ ARTICLE 29 VACANCIES~AND PROMOTIONS Budgeted promotional vacancies occurring in any position within the certified bargaining unit will be filled in thefollowing manner: 1. Posting of the vacancy; 2. Acceptance of applications; 3. Scheduling of promotional examination; 4. Establishment of an eligibility list; 5. Interview and Selection Any such vacancy shall be offered within thirty (30) days of the establishment of the appropriate eligibility list Section 2. Effective April 1, 2001, minimum requirements for promotional opportunities will be as outlined in the "Career Ladder" (Addendum "B"). Any changes to this Career Ladder will be made by the Labor Management Team. 99-2002 CITY~ ARTICLE 30 : REFEREN~E~ER~ ' The City shall provide one copy, at e~.ch station, of afl reference materi=l for promotional examinations at the posting of notification. This reference material shall remain in the Fire Station(s). 99-2002 IAF 5F~~54 CITY~ ARTICLE 3,'t . BULLETIN BOARDS The City shall furnish at each ~fire station space for bulletin boards for the purpose of Union notices. Any notice or item placed on the bulletin board shall bear e~n its face the,*iegible designation of the person responsible for placing such notice or item o~ the board. A 3' x 4' space is hereby approved. The Union is to supply the bulletin boards. 99-2002 ARTICLE 32 NOTIFICATION AND DISTRIBUTION Section 1. The Un on Secreta~$ name isha-l!_,be placed on a routing slip to rece ye copies of the agendas-and minutes ef~all regular and special meetings ~of t~e City Q,om,~!~iO,,~,', "~:~Jr :~ ' ' '~' ~'~ ':'~ ~' "" :?: ' ~ Section 2. The Union,w I1, be provided ,w th,a :copy of departmental, Rules: ,and IReg~la,~jons and Stand~rd Operating Guidelines, and will be provided with' updates as they become available. 99-2002 56 IAFF~ C I TY~ ARTICLE 33 GRIEVANCE PROCEDURF Section 1. Grievances or disputes which may arise, including the interpretation of this Agreement, shall be settled in the following manner: _Step 1. The aggrieved employee shai~ within ten (10) business days of the occurrence which:~gave rise to ~the grievance~ submit, a letter and signed petition to the Union Grievance !Committee. The~ Union Grievance Committee Shall determine if a grievance exists~: If in its opinion no gnevance exists, no further action is necessary.. Step 2. If a grievance does exist, the Committee shall within twenty (20) business days of the event giving rise to the grievance, with the physical presence of the aggrieved employee, present the grievance to the Chie[ or his designee for adjustment. Step 3. If the grievance has not been settled within ten (10) business days from the date of submission to the Chief or his designee, the grieva~ce may then be submitted to the City Manager for adjustment. The City Mar~ager, prior to making a decision on the grievance, may conduct a predetermination conference and require the grievant to submit to an inquiry regarding the substance of the grievance. The City Manager may be assisted by the City Attorney. The grievant may be assisted by a union representative or counsel of his/her choice. The inquiry by the City Manager may be tape-recorded. In the case of grievances involving disciplinary action, all matters in defense or in mitigation of the proposed disciplinary actiOnsha!l!~be~ra~ised, by~th~ grievant. Step 4._ ~ If the grievance has not been.sett ed by the City Manager within ten (10) buSiness, days from the dat~ of. the~ .predetermination conference, -the · er he;S not been satsfactorl¥~,¢es~)lVed'within the Step&.. If ~the gr evanc ~ · - · above, precedui'e, the .UniOn ,;may request a .review by.-an mparti'al' arbitrator, proyidt~d such':request is -filed~ in :writing witt~ the City Manager no later than ten (10) business days after the City. Manager's response is due in .Step 4. The parties will attempt to mutually agree upon an arbitrator. If this cannot be done within.fifteen (15) business :days, an'arbitrator from a list provided by:the Federal Mediation and :Conciliation Sewice shall-be used. The parties agree to accept the Arbitrator's award as final and binding upon them, subject to-the following: The arbitrator shall have jurisdiction and authority to decide a grievance as defined in this Agreement. The arbitrator shall have. no authority to add to, subtract from; modify or alter this Agreement or any part thereof or any amendment thereto. It is contemplated that the Cityand the Union shall mutually agree in writing as to the statement of the matter to be arbitrated prior to the headng, and if this is done, the arbitrator shall confine his/her decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of the issue to be submitted, the arbitrator will confine iAFF~5/8 CITY~ 99-2002 his/her consideration to the written statement of the gnevance presented in Step 3 of the Grievance ProcedUre. Each~party shall bear the expense of its witnesses and of its own representatives. The parties shall bear equally the expense of the arbitrator. The pa~ desidng a transcript of the headng will bear the cost. Copies of the arbitrator's awa;[d shall be furnished to.both-parties within thirty~(30) days of the hearing. Section2. .~h~ Union reservers !he dght to rep[esent or not represent employees wh~ are not members of the Union, as provided by law~ Section 3. !his article is intended to provide for "rights" arbitration, i.e., resolution of. disputes which impact upon or affect wages, hours and terms and conditions of employment. This article is not intended to provide for "interest" arbitration. Section 4, "Business days" are defined as Monday through Friday, 8:00 A.M. - 5:00 P.M., excluding City holidays. 99-2002' / IAFF ~ 59 CITY~ ARTICLE 34 All job rights and benefits heretofore aLith~Yr:ized or permitted by the City Manager Or Fire Chi6f and continuously enjoyed by:emi~io~/ees covered by this Agreement and not~Cifi'cai'iy prov'~d~i/'f0ror!;ab~d~ -Agreerner~-%~il' den'~ri~e in fult rome and effect for the term' of. this. Agreement. EXcep~;,~'as:'~peCifically provided ,in this Agreement;'thi~ Agr~ern'e~ ~ ~Ebuld not be cons:t~ued to d~pr(ve any employee of benefits 'or: protection: gra~ed by the' Laws ~f the s~:ate- of Florida or:Ordinances and Resolution~ of tl~& City of Boynton Beach in effect at the timeof the execution of this Agreement.' Provided, howe,,er; nothing inthis Agreement shall obligate ~he City to continue practices or- method~ which are unlawful or unsafe. CITY~ 99-2002 ARTICLE 35 SAVINGS CLAUSE If any prowsion of this Agreement,~ o~the~application'.'of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining provisions of this Agreement shall remain in full force and effect. 99-2002 / 61 IAFF~~ ARTICLE 36 AP P ENDICES~ ~AME NDMENTS AND ADDITIO NS All appendices~ amendments and additions ~' this Agreement shall be numbered or~ lettered, dated and signedby the respOnsible parties, and shall be Subject to 11~ pm'' af '~ ..... ' ~ 99-2002 CITY~ ARTICLE 37 .SUCCESSORS. This Agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms~ or obligations herein contained shall be ~fected, modified, altered or changed,in any respect whatsoever by,any change of any kind in the ownership or management of either party hereto. 99-2002 iAFF~63 ARTICLE 38 COMEENSATOR¥ ~IME Section 1. Employees who partiCipate in required educational and/or required training aeti~ities~'as: approved,l~y~th~ ~Fire :Cl~ief~ Or d~signee WhO ~'are un~.bl~' t~ attend those ctasses ?On~ Shift~. due to schedUli6g difficulties, and take those classes and/or training on the~ off duty time, shall be- eligible to receive compensatory time. Additiona[ compensatory time can be granted for persons approved for special projects and events as directed by the Fire Chief or designee. All compensatory time will be earned at the rate of time and one half, with a cap of sixty (60) hours. 99-2002 CIT¥~ ARTICLE 39 MANAGEMENT RIGHTS Section 1. The Union and the bargaining unit employees recognize and agree that the City has the exclusive right to manage and direct the vadous departments of the City. Accordingly, the powers and authority which.the City has notspecifically abridged, delegated; or modified bythe express provisions'of this Agreement are retained by~theCity. Therefore, the City specifically, but not by way of limitation, reserves the exclusive right to determine the m~ssion of the City and its various departments, divisions and other units of organization. The City specifically reserves the sole and exclusive right(s) to decide the scope and method of service; to hire and/or otherwise determine the criteria and standards of selection for employment: and to fire, demote, suspend, or otherwise discipline for just cause. Any dght or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. The City Commission has the sole authority to determine the purpose and mission of the City and the amount of budget to be adopted. Section 3. If at the discretion of the City Manager, it is determined that civil emergency conditions exist, i.e., dot, civil disorder or natural disaster, the provisions of this Agreement may be suspended for good cause by the City Manager during the time of such emergency, provided that the Union is notified 99-2002 IAFF ~5 CtTY~ as soon as is practical and further provided that wage rates and monetary fringe benefits shall not be suspended. -i .~i' - - :~:' - Section. 4; -Th~,Union and theCity jointly recognize the need to perform the highest quality and level of fire rescue services for the citizens of, and visitors to, Beyr~ten, Bea~ch~the n~e~ efficien[ manner possib/e, and hereby agree, inthe best ~interest Of, bOth; ~hatthe; ernpl~eesOf,,the Fire Re'scae Department'will ~be best served by attaining maximum efficiency and productivity. Therefore, the parties hereto-agree to ,use~heir best efforts to create an~l .maintain an atmosphere in which every employee's efforts are aimed toward these objectives and wilt cooperate to, these ends. 99-2002 IAFF CITY ARTICLE 40 DURATION This Agreement shall be in fome and effect from October 1, 1999 through September 30, 2002. Either party can provide notification to the other, no later than March 1, 2002, expressing a desire to negotiate a new agreement. Upon receipt of such notification the parties~shall arrange to meet, no later than Apdl 1, 2002, and promptly-and regularly thereafter, for the purpose of negotiating a new contract, and only those items included in the notices shall be subject to negotiation. If all issues are not resolved by September 30, 2002, this Agreement shall remain in force and effect until all issues have been resolved in accordance with Chapter 447, Part II, Florida Statutes, provided that all monetary benefits are subject to appropriation by the City Commission. 99-2002 Agreed to this day of , 20 , by and between the respective parties th~qug?,the authorized representatves of the Union and the City. -, BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS, LOCAL 1891: Witne§~ BY: . .Pres[dent Witness Secretary CITY OF BOYNTON BEACH BY: Witness Mayor WEtness Approved as to Form and Correctness: City Clerk City Manager City Attorney 99-2002 iAFF~8 CITY~ OYNTONBEACH FIRE RESCUE DEPARTMENT TO: Randy Jute, President I.A.F.F. 1891 FROM: Witliam L. Bing~am, F re Chief SUBJECT: Letter of Understanding Firefighter Contract Article 38, Shift Fire Inspectors DATE: March 20, 2000 It is the i~tent to of this Letter of Understanding to clar fy negotiated issues regarding contract Article 38, Shift Fi~erinspecto~-s, By virtue of thisrlet{er,~and through attrition, we agree to eliminate the a~0t~mentioned'a¥[ic]e in its e~t~r~ty accord' ~g to the foil(~win~ criteria: 1) The~article entitled Shift inspectors will no longer be a part of the Collective Bargaining Agreement. 2) The t~o existing inspectors (FFIII Chr s Wandell and Lt Geoffrey Simpson) will c~ntinue to Serve as, fire inspectors ~'s dirscted by the F rs Marshal, provid ng they maintain 2] n~e~s~ Certificati~ns. th the event t s determined that additional bargainin~ unit~ meml~ers are likewise affected, this Letter of Understanding app es to all me~nber~ ~n ~ simila~r pc~sitiori. 3) The currenti5% pay (b~ed on their September30, 1995 pay) will change to an ir~cedtive pay equ~ f~o~f~e ~existidg rate, (i~e. from~ %-based i~centi~;e to a strict dollar figure). This incenti? PaY~ once ~stablished, will not ncrease. This chsnge will be effective uponi rstific~.ti0~ Of the ~999-2002 Agreement. 4) If, for any rsason, either inspector is no longer certified or no ionger Willing to serve as an nspec~tor, h s position wi not be f ed by another department member, nor will he be able to rs-enter into the posit on. The September 30 1995 salaries of the t~vo indiv dua s are: *Chris Wandell - $676.80 v~l<[~. ~(5% = $33L8~ ~kly;~$67.68 biwiy; $1,759.68 yrly) *Geoff Simpson - $806.00 ~vkly (5% = $40.30 wkly; $80.60 biwkly; $2,095.60 yrly) /~'"~~'~~FOR THE Cl-r~: ~. J William L. Bingham, Fire ~ef Date FOR THE UNION: R~ndy Jute~e'sident Date WITNESS: Date UNION CONTRACT-- ADDENDUM "A" BOYNTON BEACH FIRE-RESCUE DEPARTMENT TUITION REFUNDPROGRAM In order to assist, employebs Who wiSh to attain additional training or education, the City of Boynton Beach Fire-Rescue Departm,ent hereby ,': ';,~ ~ ~. ~. r~ establ{Shes a pementage oftution andte~tbook~osts;~t an:accredited nStit~tiOn. In order to be eligible for the Tuition Refund Program ~n emp~loyee must. be a fu -t me career, status e~p[~ee:Wth at least~ One {1) year 0{ emplo~ent pro~ to the sta~ing date 0f~t~e class. The employe~ must ~abm~a {~tion ~efund application within ten,(10)~ calendar'days pd0r ~ th~ n tiation ~0f {he class in order for reimburse~ent';to be c0nsi~ered..'Applic~ions~should be submiEed to the Deputy Chief of Administration. The applications will. be reviewed by the Depu~ Chief of Administration to dete~ine whether the coume wo~ is eligible. Under. the guidelines of the Tuition Refund Program, employees may take two (2) English courses, two (2) Humanities, ~o (2) Social Scien~, and one (1) Math, as pa~ of a General Educational Program. Additional course work will be evaluated in terms of the specific course and the individual's specific job assignments. Applicants for tuition refund should e~lain the connection be~een the course: work and their job assignments. In order to assist employees to attain degrees, the Deputy Chief of Administration will review specific degree goals and determine whether the degree is in a Fire, EMS; or Administrative related field accepted by the Bureau of CFire Standards and Training (ref: F.S.S. 633.382). If the degree program is approved, specified required, courses in the degree program will be eligible for tuition reimbursement. This permits employees to plan their educational program. ,Employees should be encouraged to apply as far in advance as possible for course work so.that they can be informed of their-eligibility, l fan employee feels that the Deputy Chief of Administration has made an error in their determination, he/she may ask the Fire Chief to reconsider the decision by supplying additional information as to the direct applicability of. the classes to the employee's current position. The Fire Chief will then recons'der the original application with the further information The Fire Chief's decisior~ is 'final. Any decision relating to this program is not subject to the grievance procedure. When an employee completes the approved course work, it is their responsibility to submit copies of the grades and the tuition receipt ~to the Deputy Chief of Administration. The reimbursement procedure will consist of the following: 100% reimbursement when a grade of "A" or "B' is earned, and 50% reimbursement when a grade of "C" is eamec~, plus the cost of the textbooks (workbooks not included) used for the course(s), providing a receipt is provided and the textbook is in re-usable condition. If the institution only gives credit or no credit, a credit grade will be accepted as satisfactory completion and equal to a grade of "A". It takes approximately two (2) to four (4) weeks from the Fire- Rescue Department receipt of the grades and tuition receipts before a separate check is prepared and given to the employee. Employees receiving aid, or who 2 have a sch~olarship, as well as employees qualifying for benefits under the G.I. Bill or other State or Federal programs, are eligible for municipal reimbursement ~.:?nly~,~he diffe!~e, nce (if any) between what' they',re'Ce~ve-fi~Om thes~ ot~er sources and what is eligible for reimbursement under this program;: The maximum amount of credit hours eligible for payment in a:semester is twelve (12) ~eme~h~,u.~s o~ f,i~ee~'('t'5)':quarter'hours;~l'n'the c~e-~;~thpl0y~e ~'-r~f6Jlmbnt inca pd~ate col!egeor university, the-C~ty:will pay onty, aniamburff~equi~Alerit:-to the:current tuition chargedbythe State (public) colleges and~universities. ' EMPI~,OyMENT OBLI.GATl~)N:=An-employee. WiE be e~pecfed !to~ remain with the City of Boynton Beach Fire-Rescue Department for at least 'on'e (1) year following.completion of courses for which he/sh'e has received a refund. If the employee resigns, retires, or terminates within the one (l)~year period, he/she shall reimburse the ;City for tuition refund benefits applicable to courses completed during this period.. Reimbursements shatt be payroll deducted from the employee's .final paycheck. 3 TUITION REFUND PROGRAM PROGRAM RULES BOYNTON BEACH FI.RE;RESCUE DEPARTMENT OBJECTIVE: To improve service to the public by promoting a program encouraging Fire-Reecue employees to obtain additional training and education, which may improve their effectiveness, improve their performance in their current position, and prepare them for increased responsibility. BENEFITS: Employees whose applications are approved will be entitled to a refund of tuition and textbook costs upon successful completion of each approved course. The reimbursement will be 100% for a grade of "A" or "B", 50% when a "C" is Obtained, plus the cost of the textbooks (workbooks not included) used for the course(s), providing a receipt is provided an~d the textbook is in re-usable condition.. If the institute only gives credit or no credit, a credit grade will be accepted as satisfactory completion and equal to a grade of "A". ELIGIBILITY: All full-time employees of the City who by the starting date of class, have completed one (1) year of service and have received a "Satisfactory" or better Employee Performance Evaluation prior to the beginning of the course work are eligible to apply. Guidelines for establishing course work are as follows: 4 (a) All basic core courses as required by the college will be approved for all eligible employees. (b) Life experience Credit will not be approVed for tu tion refund. (c) Degree programs; which relate direo~ly to the emp oyee's current position, will be approved Once degree approve s granted, all courses specifica y re, ai~.e~.'.w 11 be ~ 'roved ....... ~ . PP · (d) For those employees who .have: been approved fora degree program, all general, educational :couBe$; specifically requ red by the schoo will be approved : - (e) All other course work will ~be considered on a course-by-course determination. Employees receiving financial aid or a scholarship; as well as employees Qualifying for benef ts under the G.I. Bill or other :State or Federal Programs are eligible for reimbursement under this program. The maximum amount of credit hours eligible for payment.in a semester is twelve (12) semester hours or fifteen (15) quarter hours. The City will pay an amount equivalent to the current tuition charged by the State (public) colleges andun verst es The rater's overall evaluation-on the Employee Performance Evaluation conducted immediately preceding the beginning of classes must be "Satisfactory" or oetter for the employee to be eligible for tuition refund unless the course work for the employee receiving a less than "Satisfactory" evaluation relates to the area of weak performance. In addition, any emp oyee p aced on suspension or on restricte~d sick leave dudng a six month period prior to the beginning of a course will not be eligible. The tuition refund program covers tuition and laboratory fees only. It does not cover books, registration, taxes, gas, food, or other costs. Employees should also be reminded that after, having received tuition refund, that .they are. ~Under. a. one (1)~ year employment ol~lt~ation with the Boynton Beach Fire Res(~ue Department; the amount of the tuition refunded will be deducted from the employee's, final paychecK,~ ; Attachment: Tuition Refund Program Application ~BOYNTON BEACH FIRE RESCUE DEPARTMENT SUBJECT: DATE: May1 ,, :1999 ', , ' The intent of reimbursing an empOyee is:to provide an incentive to seek post- hiring education and training; which s extent ~ not This city service obli{ the Boynton Bea~Ch Fire RescUe complet on 9m be fror~ shall This policy is consistentWith the Boynton Beach Fire Rescue Department's Tuiti(~n R~imbursemen~ Program. The undersigned Boynton Beach Fire Rescue Department employee has read and fully understands the provisions of this policy as set forth in this document without exceptibn. Employee Name Employee Signature Date Date Witness (BBFRD Chief Officer) NOTARY: BOYNTON BEACH FIRE RESCUE DEPARTMENT TUITION REFUND PROGRAM APPLICATION LAST NAME DIVISION COURSE INFORMATION FI RST NAME INITIAL SHIFT I ~MPLOYEE # DATE DATE OF ENTRY School/City: Term/Year: Course (Name & Number): Credit Hours: Course (Name & Number): Course (Name & Number): Cre¢i~ Hours: Credit Hours:. EDUCATIONAL OBJECTIVE Non-degree yr. Degree [] 4 yr. Degree [] Graduate Degree TITLE OF DEGREE SOUGHT FIELD OF SPECIALIZATION MAJOR APPROVAL- I intend to remain in the employ of the Boynton Beach Fire Rescue Department for at least one (1) year following the completion of approval coursework. In the event that my employment is terminated for any reason within one (1) year of course completion, I agree to reimburse the City of Boynton Beach for tuition- benefits applicable to courses during such pedod, EMPLOYEE SIGNATURE DATE I certify that the above named employee has received a "Satisfactory" or better score on his/her most recent performance evaluation pdor to submission of this application. I recommend that this applicant be approved for tuition refund for the coursework listed above. FIRE ~HIEF (OK DESIGNEE} SIGNATURE DATE DISAPPROVAL '~eason: DEPARTMENT HEAD SIGNATURE DATE UNION CAREER LADDER - Boynton Beach Fire Rescue DePartment 12 months] PREREQUISITE: -Certified Florida Firefighter -Certified Florida Emergency Medical Technician or Paramedic ...... TO ~D~ANQE'TO THE NEX~F LEVEL: - '* 'SaCC~es.~sfuI c°mpletion of Fireand EMS training and evaluat on program .'.: S~c~¢.bi%~n~lbti9rt o;~'.Eireiand.EMS I:Jractical ability ~estr · Sa~gs~,,~:,~mp[etien ~5~FFI PerfOrmanCe and wdtten Examinations PREREQUISITE: -Mu~t~ mefftall requirements for Probationary Firef ghter +Mit~im~ Of one,(1) year Of ~erv c~ With BBFRD TO/. F LEVEL: · Support (BTLS) Program · SuCcessful completien of FFII.Performance and Written Examinations Firefi,qhter I! (FFII) PREREQUISITE: -Mu§t meet :all requirements of Firefighter I -Minlmum~of~three (3) years of servi(~e with BBFRD TO ADVANCE TO THE NEXT LEVEL: · Successful completion of FFP 1600 Fire Apparatus/Equipment (or equivalent) · Successful completion of FFP 1640 Fire Hydraulics (or equivalent) · Successful completion BBFRD-sanctioned Aerial Apparatus Course · Successful completion of BBFRD Apparatus, Hydraulics, and Aerial Operation Perfermahc~ and Written Examinations · Successful completion of FFIII Performance and Written Examinations Firefi,qhter III (FFIil) [Minimum requirement to serve as Acting Lieutenant] PREREQUISITE: -Must meet all requirements for Firefighter tl -Minimum of five (5) years serv ce w th BBFRD. Required time will be reduced by one (1) year with an acceptable, job-related Associate or Bachelor Degree Firefighter III (Continued) TO ADVANCE TO THE NEXT LEVEL: o Successful completion of FFP 2410 Fire Service Strategy and Tactics · Successful completion of FFP 2130 Company Officer Leadership · Successful completion of FFP 2150 Instruction and Methodology · Successful completion of FFP 2320 Building Construction for Fire Protection Lieutenant (Lt.) [Minimum requirement to serve as Acting Capt / Batt Chief] PREREQUISITE: -Must meet all requirements for Firefighter III -Minimum of six (6)-years service with BBFRD. Required time will be reduced by one (1) year With an &(~c~ptable; job-related Associate or Bachelor Degree -Minimum of one (1) year as a~ Firefighter 111 -Successful completion of Lieutenant promotional examination/assessment and appointment by the Fire Chief TO ADVANCE TO THE NEXT LEVEL: Successful completion of 40-hour BBFRD Officer Candidate School whict' will include, but is not ~imited to: · Departmental Policies; EMS Protocols, Standard Operating Guidelines · Labor-Management Relationship and Collective Bargaining · Diversity, Sexual Harassment, and Discrimination Training · Technical Report Writing and Report Quality Assurance · Performance Evaluation Training · Coaching, Counseling and Disciplinary Action · Budget Analysis and Preparation · Community Relations Project Captain (Capt.) PREREQUISITE: -Must meet all requirements for Lieutenant -Minimum of nine (9) years service with BBFRD, Required time will be reduced by one (1) year with an acceptable; job-related Associate or Bachelor Degree -Successful completion of Captain promotional examination/assessment and appointment by the Fire Chief TO ADVANCE TO THE NEXT LEVEL: · Graduation from an accredited college or university with an Associate Degree in Fire Science, EMS, or other work-related discipline · Successful completion of FFP 2100 Fire Service Administration · Successful completion of MNA 2303 Introduction to Public Personnel Management 2 Requested Cit~ Commission Meeting [] March 21, 2000 [] April 4, 2000 ~--' April 18, 2000 [] May 2. 2000 ZV-CONSENT AGENDA I'TEI I C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must Turned in to City Clerk ~ March 8. 2000 (5:00 March ~22, 2000 (5;00 p.~n,) Apdl 5. 2000 (5:00 p.m.) April 19, 2000 (5:00 3.m.) Requested Cty Comm]esion Meetina Dates May 16, 2000 [] June 6~2000 [] June 20 2000 [] July 5, 2000 Date Final Form Must ~e Turned in to Cibz Clerk's Offir~. 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.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New BuSiness [] Public Hearing [-- Legal ~ Bids ~- Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Staff recommends the approval of Resolution Number R00- , endorsing the Habitat for Humanity proposal to participate in the Department of Community Affairs Commur~ity Improvement Ac~ of 1980, thus becoming a sponsor for the Community Contribution Tax Credit Program. EXPLANATION: Habitat for Humanity of South Palm Beach County, Inc., a partner with the City of Boynton Beach, offers home ownership to Iow-income residents in an effort to stem further decline Jn the Community Development Block Grant income eligible areas. PROGRAM IMPACT: The efforts on the part of this non profit are consistent with the Housing Element of the City's Comprehensive Plan. Habitat for Humanity builds simple, but safe dwellings for families who normally cannot qualify for regular conventional mortgages on their own merit. As a result, volunteers assist in building these homes, which would have mortgages held by Habitat within specific price ranges. FISCAL IMPACT: The fiscal impact would be Habitat's ability to continue this program by benefiting financially from the tax relief this program would create. ALTERNATIVES: None. ~' [ Depa~rne~t H~d's Signa'~re Department of Development Division of Community Redevelopment Department Name City Manager's Signature City Attorney / Finance / Human Resources RESOLUTION NO. 00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CERTIFYING THAT THE SOUTH PALM COUNTY HABITAT FOF RATING I N. THE RANT INCOME ELIGIBLE AREAS OF ]'HE CITY OF BOYNTON BEACH, IS CONSISTENT WITH THE COMPREHENSIVE PLAN AN -. REGULATI THE CITY WHEREAS, it is neoessary and in the public interest,that the City of Boynton ;edify that the Habitat for Humanity of South Palm Beach County is consistent with local plans and regulations in order to comply with the provisions of the Community Improvement Act of 1980; and WHEREAS, the Community Development Block Grant (CDBG) income eligible areas have been designated as specifically targeted neighborhoods by the City of Boynton Beach; and WHEREAS, the South Palm Beach County Habitat program is a specific program designated to offer home ownership to Iow income residents in an effort to stem further decline in CDBG income eligible areas and should receive full endorsement and.support from the City of Boynton Beach; and WHEREAS, the Community Improvement Act of 1980, requires that a Resolution be passed by the local govemment certifying that a project applying for approval from the State of Florida under the Act is consistent with local plans and regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The South Palm Beach County Program complies with all local ~lans and regulations for the improvement of the CDBG income eligible areas as ~esignated by the City Commission of City of Boynton Beach, Florida. This resolution shall be forwarded to the State of Florida, Department of Community Affairs, to enable Habitat for Humanity of South Palm Beach County to participate in the State of Florida's Community Improvement Act of 1980. Section 2. This Resolution shall become effective immediately upon 3assage. PASSED AND ADOPTED this day ofJune, 2000, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ATTEST: City Clerk Requested Clef Commission _Meeting Dates [] March 21, 2000 [] ApnI 4, 2000 [] ApnI 18,2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA: ITEM REQUEST FO1U Date Final Form Must be Turned /ri.to CJi7 Clerk's Office March 8, 2000 [5:00p.m.) March 22, 2000 (5:00 p.m.) April 5, 2000 (5:00 p.m.) Apffl i9, 2000 (5:00 p.mO Requested City ComroSss/on M~eeting Dates [] May I6, 2000 [] June 6, 2000 [] June 20, 2000 [] July 5, 2000 IV-CONSENT AGENDA ITEM C.4 Date Final Form Must be Turned in to Cit7 Clerk's Office May 3, 2000 (5:00 p.m.~ May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.rn.1 June 2 I, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adm/nistrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearmg [] Legal [] Bids [] Unt'm/shed Business [] Announcement [~ Presentation RECOMMENDATION: Motion to Approve Assignment of Conditional Permit Agreement, for the purposes of maintaining the 8-inch diameter water main within the Lake Worth Drainage District's L-24 canal right-of-way. EXPLANATION: The 3925 Corporation obtained a conditional permit agreement from Lake Worth Drainage District for the purpose of constructing a new water main to serve its new building at 3925 Boynton Beach Blvd. The City must now accept assignment of that agreement so as to finalize transfer of that main to the City for operation and maintenance. The conditional permit agreement is a customary format used by the Drainage District to allow the construction and operation of utilities with its rights-of-way, instead of the easement dedication more commonly used on private property. This Department has other utility lines along or crossing District canals that are covered by similar agreements. PROGRAM IMPACT: Approval of the agreement will legalize our ability to operate and repair the water main whenever necessary. FISCAL IMPACT: The City will be responsible for the cost of relocating the main, if that is ever required. This condition is similar to those imposed upon utilities in state or county rights-of-way. ALTERNATIVES: Alternative locations for this main are not feasible. Denial of the agreement will in effect deny our legal authority to O~he water main. ~/M/~xg'~ Deparune~ Hea~"~ Signature -n..- -~rCiiy Manager's Signature Utilities Department Name City Attorney / Finance / Human Resources S:kBULLETINkFORMSXAG ENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDAITEM REQUEST FORM Peter Mazzella (w/attachment) City Attorney File S:~BULLETIN~ORM S~AGENDA ITEM RJ~QUEST FORM.DOC RESOLUTION NO. R00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORI DA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ASSIGNMENT OF CONDITIONAL PERMIT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE 3925 CORPORATION AND THE LAKE WORTH DRA NAGE DISTRICT; AND PROVIDING AN EFFECTIVE DATE' WHEREAS, by a certain Conditional Permit Agreement dated December 16, 1999, between Lake Worth Drainage,Distdct and 3925 CorporatiOn, the Lake Worth Drainage Distdct granted 3925 Corporation permission to construct a water main with the District's right-of-way of Lateral Canal No. 24, subject to the terms contained in the permit; and WHEREAS~ the City must now accept assignment of that Agreement to finalize transfer of that main to the City ~or operation and maintenance. 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 an Assignment of Conditional Permit Agreement between the City of Boynton Beach, Lake Worth Drainage Distdct and 3925 Corporation, said Assignment of Conditional Permit Agreement being attached hereto as Exhibit "A". .Section2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of June, 2000. CI~ OF BOYNTON BEACH, FLORIDA Pro Tern commissioner Commissioner ~,TTEST: City Clerk (Corporate Seal) RETURN TO: LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail De[ray 8:each, FL 33484 PREPARED BY' MARK A. PERRY, ESQ. Perry & Schone, P.A. 50 SE Fourth Avenue Delray Beach, FL 33483 ASSIGNMENT OF CONDITIONAL PERMIT AGREEMENT ASSIGNMENT made the ~Cd~day °f ~'~~ , 1999 b---e - CORPORATION, whose mailing address ~s r. . 3~%1 . - ..... , ....... d~-~oca Katon, rtoricla 33.4-34., the AssJgnor, CITY OF BOYNTON BEACH, whose mailing address is 100 East Boynton Beach Blvd., Florida 33425-0310, the Assignee, and LAKE WORTH DRAINAGE DISTRICT, a Special Taxing District, of 13081 Military Trail, Delray Beach, Florida 33484. WHEREAS, by a certain Conditional Permit Agreement dated December 16, 1999 between Lake Worth Drainage District and 3925 Corporation, the Lake Worth Drainage District granted 3925 Corporation permission to construct a water main within the District's right-of-way of Lateral Canal !No. 24 subject to the terms contained in the pe rmit.- ~ · WHEREAS, 3925 COrporation desires to transfer the Conditional Permit Agreement to the City of Boynton Beach. NOW, THEREFORE, ~t is agreed: 1. ASSIGNMENT: In consideration of the sum of TEN DOLLARS ($10.00), the receipt of which is hereby acknowledged, the Assignor hereby assigns to the Assignee the said Conditional Permit Agreement dated December ! 6, 1999, subject, nevertheless, to the terms, conditions, a~d stipulations contained in the said Conditional Permit Agreement. 2. ASSIGNEE'S COVENANTS: The Assignee agrees to pay all obligations owing as required by the Conditional Permit Agreement, that may accrue after the date hereof; and further agrees to be bound by and responsible for the conditions and stipulations contained in the said Conditional- Permit Agreement arising from and after the date, of~this Conditional Permit Agreement, Further, Assignee agrees to pay all expenses emanating out,:of,,and relating to the preparation of the terms of this Conditional Permit Agre~ which shall total $150.00 and shall include but not be-timited to attorney~,~, f~es,. fees and administration fees. the Assignme~t ~f I Perm t Agreemeng from of terms~ and year first above written. LAKE Mil~ita~y ~rai, De[ray Beach, Fk,~3 -~ ~3484 DelraY Beach, ~ ,,. ent Corporate Seal 3925CO~p. ASSIGNOR: The 3925 Corporation I/gl/..&~P.o,4 1.. ' ~J Printed Name and Title / -- Prin~d Nam~aed Title Corporam Seal BOca (1) Witness Signature ASSIGNEE: City of Boynton Beach By: (2) Witness Signature Printed Name of Witness Printed Name and Title Attest: Printed Name and Title Corporate Seal 120 East 8oynton Beach Blvd. Boynton Beach, Florida 33425-0310 3925corp. 3 STATE OF FLORIDA : COUNTY OF PALM BEACH : t on th s day, before me an officer duly authorized in the State and County aforesaid HEREBY CERTIFY ~ha -- .~u,~ ~A/~ :m^tnl~TN nnd W LLIAM G; W ~TE~ the ~i~nt totakeacknowedgme~pe~°~a yawp ~ 3. ~ :~'~ of whom ~nowedgede~tm~the WITN ESS my hand ~nd official: s~l ih the Coun~ aOd S~te I~t aforesaid this the day of ,1999. STATE OF (,'~.0~,.~.~)~ : coc NTY OF ~.~ I~/,~ on this day, before me, an officer duly authoriz~ in the State and CounW aforesaid HEREBY CERTI~ that - .I.t,A~L,~ ~ and ~ ~' ~1~ . ~ .~b~ ~nowJ~men~, pe~onaily ap~ar V~ , ~ ~- ~o~ Como~bon H~Sh~hey ~are .o ........ the 'V~ President and Secretaw, resp~v~Y, o, ..~ ..... ~ identification, and ~ or ha~ave produced ~ ~ ~ho dM (md n~e an oath. WITNESS my hand and official seal in the Coun~ and State I~t aforesaid this the ~0~ day of ~~ ,1999. ~ ~A Printed Name of Notary State of My Commission Expires: Uy C~MUtSS)ON # CC 773606 5925corp- STATE OF COUNTY OF i HEREBY CERTIFY that on this day, before me, aa officer duly author zed n to take acknowledgments, personall the and y'appeared -- - and the State and County aforesaid personally known to me, or who has/have produced respectively, of City of Boynton Beach. ~a~ who did (did not) take an oath. " as identification, and WITNESS my hand and official seal in the County and State last aforesaid this the __ day of ,1999. NOTARY PUBLIC Printed I~ame of ~otary - State of My Commission Expires: 3925co~. CPA 691-B 99-5012U.04 cONDITIONAL pERMIT AGREEMENT . reinafter called Licensor a temporary Conditional Permit to construct WHEREAS, The 3925 Corporation, hereinafter called Licensee, has requested from the LAKE AGE DISTRICT. he · ' ~ r to the following cond~tlOns; WORTH DRA~ ' ~ ~ ..... sub ect ~oweve , . The payment by Licensee of the sum of -- for the Lake Worth Drainage District ~o ex, p? S*i;~ sU-~fil~zet6~;s~ [ it becomes necessat~ , : .... ' ' ~ 'same hot t6 exce~u In the even : · ..... . asonable noUce (the ........ ~::-~*~ ~ri~ht-ofZway, the Licensee Shell afte~ re ........ ~ ~,~-o-e :District may reasonably iacmt~es WlUlm t[~ ,. · ~ ~,- -~--;*~d facility as thc LaKe win,ut ~o~,~o ect s ch re-installaUon or me v.,~,.~,,~ _, ; · ~,.- W,o,~h Drainae~ DisLdct ~ or right-or-way Y ) ' , ~w una not rt~ta~ ~ ~,~ ~ :~ ........ ,,, ', ~ ili enmtted - e so as to ali ~,,, ~ ..... ~ .... on ~e; tko ~ p re rare from m-n!.. ~ T ~6~ ~h~'ll maintain mood safe opera improvements and farther, me ~c and im/olYed herein. It is rau~ally understood and agreed betweer~ the parties hereto that this instrument shall never be recorded. This agreement may never be assigned without the written consent of the Lake Worth Drainage District. ' of payment Upon the full and complete execution of this instrument, the Licensor acknowledges receipt the and grants the requested Conditional Permit and Licensee agrees m effect and complete, at no .cost to Licensor, the installation involved herein within sixty (60) days from the date of this instrument. Licensee may, at its sole expense, modify the facility involved and installed herein under the condition that same does not unreasonably interfere with Licensor's use of its right-of-way and under the condition that the plans and specifications for such modification have been approved in writing by Licensor. Such modification to be accomplished with no further payment to Licensor, No sampling points, corporation stops (air release valves), valve boxes or other appurtenances will be Drainage DiStrict right-of-way unless specifically shown and dimensioned on permitted within the Lake Worth - District. the plans and designed to withstand the normal and routine maintenance of the Forty-eight (48) horn notice will be given to Lake Worth Drainage District prior to the commencement of construction activity, Facilities backfilled prior to receiving Lake Worth Drainage District approval will be uncovered for visual inspection. It is not the intention of this permit Agreement to approve of the construction methods for the · utili crossing. It shall be the responsibility of the Licensee's contracto~ installation of the harem .a. pp,ro, ve~.~ j~ty~,o~, the continuous uninterrupted free flow of water in the canal installing the above descnbea tacmty to ~, It shall further be the duty of the Licensee m obtain the approval of the District for any construction methods which would be contrary to the above· The Licensee shall also be responsible for the installation of silt screens and/or turbidity barriers as necessary to maintain the clarity of the water· FAILLrRE TO cOMPLY WITH WRITTEN NOTICE OF A vIOLATION OF THIS pARAGRAPH SHALL, AFTER FIVE (5) wORKING DAYS, AUTOMATICALLY vOID THIS CONDITIONAL PERMIT AGREEMENT. CPA No. 691-B 99-5012U.04 Licensee, agrees to indemnify and hold harmless the "DISTRICT" from and against any and all losses, fees,ClaimS'relateddemandS'to or arisingdamageS'out coSrSof and expenses, of whatever kind or nature, including reasonable atXorneys' permitted and involved herein, any claims against the "DISTRICT,, as a resu/t of Licensee's use of the facility Licensee shall an additio~a! named insured. provide Licensor with all reasonably requested liabi]ity insurance listing the Licensor as The address appearing beneath the Licensee's signature ~al/, for notice purposes, be considered as the permanent · - writing, ma~hng address of said Licensee Unless the LicenSor has been notified of a change of address in IN WITNEss WHEREOF, the parties hereto have beretmto set their hand(s) and seal(s) this the day of , 19 WFFNESSES: L/CENsoR: STRICT //{A~_ -.~o ,-uara or SUpervisors (Corporate Seal) ATTEST: By:~ IN WITNESS WHEREOF, the parties hereto have [ ~}44~ day of '~ ¢l~e~ hereunto set their hand(s) and Seal(s) this the , 19~q WITNESSES: (Corporate Seal) LICENSEE: By:~ _ ATTEST: Pe~ent Mall~g Ad.ess of Licemee: CPA No.691-B 99-5012U.04 EXHIBIT ~-~ · · L-24 south right-of-way from Lawrence Road,e.~t' ~o~ 400feet ltlsmum ~ .... eetion areas of this canat- ~u approximately ~ '~ ...... ound noiats ia the d~tgn ~ ~_ ~ '~v~'---~Z DiStfl~ Said d~a~fiags were "elow raacat al t~ -- ¢ e-~ake w~orI~ ~m'amag · Mxehael of 36 t5 g ~.. ~ .. o:[fic, eo(of< ~ ~ ~ sealed~by- ~ on file rathe ~ 8: and were s~gaefl. n. d~a' gs 10b #98-96 ) s showa, o ~ . o d 4 of 4~, a .. : tsl 2an ~rl Maleoial Cooper P.E (ohee ,, .... , ~ qohorah 8t; Assoelate~, prepar~ -.-~--- . -~ * ~:~-r the ot ~rllCllaex ~ ....... ~,~ n-~olrlellt tv ua~ filTll ~ - 3 Requested City Commission Meeting Dates: [] March21,2000 [] April 4. 2000 [] April I8, 2000 [] May 2, 2000 IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.5 AGENDA ITEM REQUEST FOR v Date Final Form Must be Tmme6 in to Cil7 Clerk's Office March 8,2000 (5:00p.m.I March 22.2000 (5:00 p:m) April 5, 2000 (Jr00 p.m.) Aplil 19, 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] May 16, 2000 [] June 6, 2000 [] June 20, 2000 [] July 5, 2000 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.) June 7, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) NATUR~ OF AGENDA ITEM [] Administxative [] Development Plans [] Consent Agenda [] New Bus/ness [] Public Hearing [] Legal [] Bids [] UnfmishedBusiness [] Announcement [] Presentation RECOMMENDATION: Motion to approve reduction in surety for the project known as PGD, Inc., in the amount of $15,675. EXPLANATION: Surety was posted with the City to guarantee the completion of the water system serving this new project. The water system has been completed, and passed all inspections. Additionally, easements and a bill of sale have been given to the City. The surety requirement may therefore be reduced by 95%. PROGRAM IMI'ACT: None Department Name FISCAL IMPACT: None ALTERNATIVES: The Land Development Regulations allow for a 95% surety reduction once all improvements are completed. ~V~h;no alternative. ) Depar~nent Head's Signature -~iiy Manager's Signature City Attorney Finance ? Human Resogrces XC: Peter Mazzella (w/attachments) City Attorney Finance Dept. File S:LBULLETI~,,ZFORM S~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO; R0¢- A RESOLUTION OF THE CITY COMMISSION OF ' THE~... C!~~ . ,~F~ ~ BOYNTQ~ BEaCOn. ': F-LORiDA} AUTHORI:ZT~NG' A' REDUCTT6~"~ :THE CAS~ THZ OJZcT PROVIDiNG AN EFFECTIVE DATE. · WHEREAS', the ~e~etq~,e~r o~ ~h~s ,Rarce~ pre~iously gubmitted a surety in the~_~mount~of ~$,1,~,~.00.00, no assure the completion of the waner, sysuem servzng this new projecn; and WHEREAS, the water sysnem is now completed and all necessary legal documents have been presented uo the City and developer has requested thaZ the surety requirement be reduced; and WHEREAS, a final inspection has been conducted on this project and the system appears to be functioning properly without any defects; NOW, T~EREFORE, BE IT RESOLVED BX THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section i. The City Commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, hereby approves a reduction of surety in the amount of S15,675 for the project known as PGD, Inc. Section 2. That this Resolution shall become effective immediately upon passage. RASSED AND ADOPTE~ this ATTEST: City Clerk [Corporate Seal) day of June, 2000. CITY OF BOYNTON BEACH, Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner FLORIDA MEMORANDUM UTILITIES DEPARTMENT TO: FROM: DATE: Diane Reese, Finance DirectOr John A. Guidry, Utilities Director ~ SUBJECT: Surety/Fee transmitt~iI - Bank - CASH BOND Check no. ADMIN./INSPECTION FEE: Check no. O ~ ~]~ Amount Amount Amount Water $ ~2¢o' OO Amount Sewer $ Total $. ~4~.o o SEWER TELEVISING FEE: (@ $1.75/L.F. ) Check no. Based on ---- L.F. Amount COST DOCUMENTATION: Engineer's Estimate Copy of Contract Other Please refer any questions on this matter to Peter Mazzella of this office. Attachment JAG/PVM bc: Peter Mazzella xc: File SOUTHERN PIPELINE, INC. UTILITIE$ CONTP,.ACTOI{ P,O. Box 540129 L~ke WoRh, FL 33454 [561] 439-3755 Fax: (561] 439-3775 P.G.D. Inc. P.O. Box 112 Delra¥ Beach, 561-272-4595 Florida 33447 Lot 5, High R~dge Comnlerce Park Boyntcn Beach, Florida 1999 Water Hain a' 4" D.I.P. 51 16.00 Ft. 10' 6" D,I,P. 350 19.00 165' 8" D.I.P. 350 21-00 2 4" M.J. Ooto Valve/Box 325,00 Ea. ~ 6" M,J, Gate Valve/Bo~ 370.00 E~. i B" M,J. Gate Valve/Box 520.00 [ 8" Wet ~ap 375.00 Ea. 8" }{,J. C~p !,~, 60.00 Ea i 6" M.J. 90 Be~d 80.00 Ea 4 4" Mega Lugs 35.00 Ea ; 6" M~ga Lugs ~,~w~nn~!,~?~' ' ~5.00 ~a - 55. O0 Ea 5 8" Mego Lugs 4 8" J/R 125.00 ~a 10 A.P.C. Markers 20.00 Ea i Fire Hydrant (S.B. Spec.) 825.00 Ea i Fill and Flush Connection 675.00 Ea, 1 1~ Waber Servi~e 1~49,00 Ea. 1 Plug exlst~ng water servie 350.00 Ea, 2 S~mple Poi~s 12§.00 E~. 2 lab Tost 240.00 Ea. Water Main 96,00 190.00 3,465.00 650.00 370.00 520 00 4,200.00 375.00 35.00 60.00 8O.OO 140,00 180.00 275.00 500.00 200.00 825.00 $75.00 t,349.00 350.00 250.00 240.00 TOta__l t5,000.00 I. Perml~s and Fees by owner. S=akeout,Engineering and Ash{liltS by others. 3. Dengfty test by others. 4. Water Meber,$ervice Line,Dec,flow Preventer,4" D.D,C.V. &~d F~re line bv others. Sewer lateral s~rv~ce by plumber. ReDiaemenb af~ud,Landscaping,Tree$,ASphal~Concre=e and Side~a!k by other~, / 7. Unsuitable gFound cond~%ions such as muck,rock,¥egetation and junk i=- the owoe~ r.esponsiblli%y uo corsec~'~ /1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Comm/s sini~ Date Final Form,M_,us_t be Turned · Meelin~ Dates in to Citw Clerk s Office Requested City Comuassion [] April 4, 2000 [] A~d~ ~s, 20oo [] May2, 2000 March 8, 20~0 (5:00 p.m. March22. 2000 (5:00pan.) April 5, 2000 (5:00 p.rm) .ApriMg, 2000 (5~00:p.m? [] May 16, 2000 [] June 6, 2000 [] lune 20, 2000 [] July $.~2000 IV-CONSENT ITEM C.6 Date lZmat Form Must be Ttaned in to City Clerk's Office May3, 2000 (5:00 p.n~) May 17. 2000 (5:00 lune 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 [] Unfinished Business [] Announcemem [] Presentation RECOMMENDATION: City Commission Approval of the Local Mitigation Strategy Interlocal Agreement with Palm Beach County. EXPLANATION: This agreement serves as a tool to direct the County and Municipal Governments in their ongoing efforts to reduce vulnerability to the impact produced by both natural and man made hazards. PROGRAM IMPACT: The strategy addressed in this Interiocal Agreement will help establish funding priorities for currently proposed mitigation projects and develop priority mitigation projects to be completed with such disaster funds as may be made available after a disaster. FISCAL IMPACT: See Program Impact. Parfdcipation in this program results in no cost to the City. ALTERNATIVES: Do not approve this agreement. Department Head's Sig~ture Department ~am~ ~ City Manager's Signature City Attorney / Financ6 / Human Resources S 5BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC 1.1 PURPOSE The Palm [untied ..by~-the 1.0 PURPOSE AND OVERVIEW been ,,1)~- Improve the community's resistance to damage from known natural, -: techno 0giCal, and societal hazards; 2) pre 3) Reduce;the cost of disasters at all levels; and Speed'dommunzty 'reco,~e~ when d~sasters occur. Adoption of this strategy wi provide ,the fo owng benefits to both County and municipal governmental entities: ~ Compliance with Administrative'Rules 9G-6 and 9G-7, Florida Administrative Code (F.A.C.)~ requirements for local comprehensve emergency managementplanS to ,identify pr0blem areas and planning defici~ncie~ relatiw~ to sev~,e,,and repetitive weather phenomenon, and te identify pre and post-disaster s{rategies for ~ectifYing identified problems; Universa! points, from.the National Flood Insurance Program's (NFIP) Commun!ty Rating"S~/~tem (cRs~';'Program for deVel~pin~ a F~0(~dp air~ Management Program; which ~y help further reduce flood insurance premium rates for property own~s'; ccess t9 FEMA s ~Federal M~t ga, tz0n Assistance grant program which provides funding foi' pre-disaste~'mitigati0n projects and actiVitieS; and Identify and priorit ze projects for funding under the State of Florida's Residential Co~structi0n Mitigation, Program:', to help reduce 0sses from pr°perti~ s~bj~t ~ repetitive floodin~ damage, 1-1 1.2 OVERVIEW The Palm Beach County LMS accomplishes the following objectives: 1) Sets forth the guiding principles with which both the County and municipal governmental entities of Palm Beach County will address 'the issue of hazard mitigation (Section 3,0, Gu ding Princ p es); ¸.2) Identifies the known h~zards to~hjch the county is exposed~ discusses their range of impacts, and delineates the nd v dual ~/uinerabilities of the vadous jurisdictions and papulatio~ ceqters within the county .{.Section 3,0, Hazard I~entification and ~ulheral~ 3), Reviews and ~valuates, the ex sting legal, - regulatoc¢ and response fr~rr{ework ~i~i'Fenfl~Y :i" P~e,to deal with ~a~d .%it~a{i' On (Sectio~ 4.0, [nvento~,~a ~al~i~ ~f ~i~Un~ HazardM~age~e~ Ge~s, .Policies, Pro~du~s~:O~n~ceS,'proje~s and A~v~es); 4) Develops a dotal!ed method by which the Palm Beach County community (municipalities, and C(~unty government) can eva uate and pdor tize proposed mitigation projects (Section 5,0, Project Pdodtization Methodology); 5) Develops a conflict resolution procedure by which municipalities and county governmental entities can resolve any differences that arise over prioritized mitigation projects or mitigation strategies (Section 6,0, Conflict Resolution Procedures); 6) Develops the process and schedule by which this entire Unified Local Mitigation Strategy will be review and updated (Section 7.0, Review and Revision Procedures for the Palm Beach County Local Hazar(~ Mitigation Strategy); and 7) Develops and maintains a Prioritized Projects List (PPL) (Section 8.0, Palm Beach County Fall 1999 Prioritized Mitigation Projects) of m tigat on projects cress-referenced with potential funding sources. 1,3 LMS STEERING COMMITTEE The LMS Steedng Committee has been organized to serve as the policy body for the LMS program. The role of the Steedng Committee is to advise and assist in the development and implementation of the unified palm Beach County LMS. The composition of the Steedng Committee includes one representative from each municipality and one representative from the County. Each local governing body must assign a voting representative to the Steering Committee. Voting representatives can send alternates to attend a meeting and participate in discussion, however, only the representative assigned by its governing body may vote on LMS issues, the PPL. and revisions to the LMS. Proxies may not Oe employed, and change of the voting representative is accomplished by written notice from the Chair of the elected Board or Commission of the governmental entity to the Chair of the 1-2 Steering Committee of the Director of the Palm Beach County D vision of Emergency Management. 1.4 LMS SUBCOMMITTEES -:Ex~?ng the.;EValuation:Pade; whrc~l s~ auth0~ed ~hd ~/h0~ .,,, ~bMS;;the~Ohair°fth~Ste~hgCom~eisautb~fz~dtbe~ab~' ~ b ' .......... , ~. ~ -, ~. ,, ,, [~ U com~ees as needed to ~her the eal~ a~ob e , ~ -~ ~. -- g ~ ~ve~e~eEMS. Sdb~mm~eemembe ~om~iff~,~e~De~ bUtmay be,~nyindiv'd~a a e~[0' to' i ;; ac' m n~ ___ ~ ~,~ .... ~ ~b~ ~ir~.~n~ ....... '-" ;~ '~ '~"-? ~ ~ - ~ ~- ,~J -', ~ =--~ ~. p' mi expe~ se and knowledge d t~e~~ n ;t~e init~a ' ~e ~MS over time. 1-3 RESOLUTION NO. R 00 A RESOLUTION OF THE CITY CQMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR,AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEM FNT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOARD OF COUNTY COMMISSONERS OF PALM BEACH COUNTY, FLORIDAi AS PARTNERS N THE DEVELOPMENT OF THE LOCAL MITIGATION STRATEGY PROVI. DING FOR PRE-IDENTIFYING AND PRIORITIZING HAZARD MITIGATION PROJECTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida to execute an Intedocal Agreement between the City of Boynton Beach and the Board of County Commissioners of Palm Beach County, Flodda, as partners in the development of the Local Mitigation Strategy, providing for pre-identifying and g hazard mitigation projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION -' CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute an Interlocal Agreement between the City of Boynton Beach and the Board of County Commissioners of Palm Beach County, which Agreement is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of June, 2000. CiTY OF BOYNTON BEACH, FLORIDA corhmissioner City Clerk (Corporate Seal) INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND CITY OF BOYNTON BEACH THIS INTERLOCAL AGREEMENT is entered into this day of F 2000 by and between the Board ,~ County Commissioners, Palm Beach County, Iorida (herein referred to as COUN3'Y")~and ~ the City of Boynton Beach (herein referred to as."CITY"), each One constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. ' WITNESSETH: WHEREAS, Section 163.01,,of the Florida Statutes, known as the "Florida nterlocal Co'operation Act of 11969 authorizes loca governmental ~nits to~ make the most efficient i~se of their'powers by enabling ithem to cooperate w th other Ioca t es on a basis of mL~tUai advantage and tl~ereb~;;~o provide serv cos and ~facilifies ir~ a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter :163 of the Florida Statutes permits public agencies as defined therein to enter into interlocal agreements with each other to exerc se jointly any power, privilege, or authority whi(~h '~uch agencies share in common and Which each might exercise separately; and . WHEREAS, in Juty of 1998, the State Department of Commun ty Affa rs prey ded funding and-eNtered into an agreement, wth Palm Beach County to develop a count~ide~ unified Local Mitigati~)n ~Sirategy that WilI become part of a Statewide Hazard Mitrgat on Strategy; and WHEREAS, the development of the. countywide unified Local Mitigation Strategy required the participation of all the local mUniciPal governments within Palm Beach County; and WHEREAS, the City entered into,an inte~'local agreement With Palm Beach County to develop a countywide unified Local Mitigation Strategy, and assigned a voting representative to the LOcal Mitigation Strategy Steering Committee, which is an advisory committee to the Board of County Commissioners; and WHEREAS, with the completion of the LMS planning process, each local government- will be in the possession ~)f a strategy which will guide the priorities of rebuilding the community after disasters; and WHEREAS, communities that implement disaster resistant planning techniques such as a Local Mit gation Strategy will receive more fund ng faster after a disaster than those that have not U~dertaken a Lbcal Mitigation;Strategy project. Furthermore~ these, communities will be given a priority Over those' that have ip~t implemented a mitigation strategy when variou~s mitigation funding s~UrCes are ,made avail~bie; and ' To develop a strategy which wi systematica ly gu~ide the .prib, rities'r(~f rebuilding after'a diSseVer ~clU~ling: ~ method~for co~flicl~ resolu{io~betw~n p~rtiCi~lahtsj a list bf ., ~;X.:-'/' ~, ~ :~=_,_':.=-~.~ ...~i;,.',.,;~n, ~;ro~rams,~ nrO~ects 'and, ~.init ~ ?es~ ~and, :a pre- aenu~ anal,; ~nu.u~u ,,,,,,~-,,~ ~ ~ :, ,- methed6jO~y tb revi.~;e, the 13riOritiZed!list of ~rfitigation ~recJfa;ms; p[ojebta a.~:ipi~atives. SECTION2. GENERAL TERMS'AND CONDITIONS A:,.: "Beth tk~eCOUNTY and the,QlZ¥i agree to be govemed~by this'Agreement, as well as'appliCablei State and Federal laws, rules and reg~lati0ns. B; Modifi{;atio~ of th s:;Agreement ,may be requested by ~ither party. Change~ Wh ? are'",mut~a~lly agreed ~po~ shall be ~/alid only.when reduced t° writing duly S greed by each Party ar~d a~aChe~'to!the orig nat Agreer~ent~ C. There is hereby created a committee to be known as the "Loc=al Mitigation Strategy~ E, va uaton Panie ' responsible fo~ dave op ~g the draft list of pri~itized Local Mitigation !Str~tegy{~roj~cts. '~he, Lo~aI,M!tigation-Strategy EValuatio~-Pinel ,shall be overned by the P~I~ ~Beach Cgunty L~al Mi:rig.ail°;d~' St~-ategy as appioye.~l byihe ~teering Committee on September 30i '1999, .attached hereto as Exhibit A and incorporated herein bY reference. D. The parties agree to be governed by the Instructions for Evaluating Hazard Mitigation Projects described by the Local Mitigation Strategy. E. The parties agree to be governed by the Project Pdoritizatlon Methodology as described by the Local Mitigation Strategy. F. The COUNTY and the CITY agree to resolve any conflicts that may arise from the development of the Local Mitigation Strategy by using the Local Mitigation Strategy Conflict Resolution procedure attached as described by the 'Local Mitigation Strategy. 'G. Future prioritized project:~lsts developed in accordance wth the Local Mitigation Strategy Project Pri0ri'tization Method~ogy shall be suomitted to the COUNTY for approval at least once per year. 'In the event that a prioritized list is not approved by the COUNTY, the: ask approved prioritized list shall be deemed the governing list. H. Future revisions of the Local Mitigation Strategy shall be submitted to the COUNTY by resolution for formal adoption. SECTION 3. LIABILITY A. The CITY as a Florida municipality agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortious acts whi~:h result in claims or suits aga nst the COUNTY and agrees to be liable to the limits set forth in Section 768.28, Florda Statutes, for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CITY to which sovereign fmmunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. B. The COUNTY, as political subdivision of the State, agrees to be fully responsible as set forth in Section ~68;28 Flodda Statutes, shall be fully responsible for its own negligent acts or omissions or tortious acts which result in claims or suits against the CITY, and shall be liable to the limits set forth in Section 768.28, F.S. for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the COUNTY to which sovereign immunity h ' applies. 'Nothing erem shall be construed as consent to be sued by third parties in any matter arising out of any contract. Nothing herein shall be construed as a waiver of sovereign immunity by either par[y, pursuant to Section 768.28, Florida Statutes. SECTION 4. TERMINATION This Agreement may :be terminated without cause by either party to this Agreement upon one hundred eighty (180) days written notice to the other party. Terminationwill not affect the opportunity to place projects on prioritized project lists. ' ' A Alt notices provided under or pu~§u~int-to the Agreement shall be in · ' ' . ' ' 'b hand ~or b .first clads, (~ertifled mail, return re~eipt r~qUested, wrtlng, dehvered ~,ther y Y . . ~ .¢~ ~ ~ '-~ ..... .....[ at'the ~d~ess Set fo~h belo~, :~ ~ e~t~es ~de~t ffbd ~e ow . tothe repros. . .... , ,,, ,:. ~.r,~,Fo~,the.;CO'UN~: ~ctor Manageme~ '" For the~GITY: " City Attorney Copy to: ~ity O~~BOynton Beach P.O., ~Ox 3~'0 BeYn~ Beach, Florida 33425-0310 SECTION 6. ENTIRETY The part es agree that thiS:~gree~e.n~ ~ts forth the entire agreement between the parties, and there are no P~r~or"t~,i'~erstandings other those stated herein. SECTION 7. INVALIDITY OF portion thereof of this Ag or portion hereof. SES )rovision, clause, or any upon the va dity of any other part SECTION 8.'VENUE ' To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beabh Couhty, Florida. SECTION 9. ATTORNEY'S FEES Any costs or expenses (including reasonable attorney's fees) associated with the merit of the terms and/Or conditions of this Agreement shall be borne by the enforce .... ;.~- --~-*'-;~o "nl,, to the narties to this Agreement. respective parties,.nowever, ~nls ClaU~ p~,~,~,,,o ,, ~,- 4 SECTION 10. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the officers of the COUNTY and CITY. SECTION 11. EQUAL OPPORTUNITY PROVISION The COUNTY and the CiTY agree that no person shall, on the grounds of race, color, sex, national origfn, disability, religion, ancestry, madtal status or sexual orientation be excluded from the benefits of, or be subjected to, any form of discrimination under any activity carded out by the performance of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. ATTEST: By: Print Name: Title: CITY: .By: Print Name: Title: APPROVED AS TO FORM AND LEGAL SUFFICIENCY ATTEST: DOROTHY H. WILKEN By: __Deputy Clerk C:\MyFiIes\LMS\INTERLOCAL.wpd By: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:. Assistant County Attomey 5 Requested City Commission Meetine Dates [] March21,2000 [] April 4, 2000 [] April 18,2000 [] May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 8. 2000 (5:00 p.m.) March22, 2000 (5:00 p.m.) April 5. 2000 (5:00 p.m.) April 19, 2000 (5:00 p.m.) Requested Cia)/Commission Meeting Dates [] May 16, 2000 [] June 6. 2000 [] June20. 2000 [] July 5, 2000 IV. CONSENT AGENDA C. 7 Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.j May 17, 2000 (5:00 p.m.) June 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 [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Approval of Appointment Contract to hire Karen Lee Lattuca in the position of Golf Course Restaurant/Bar Manager for The Links at Boyntun Beach. EXPLANATION: Our current Restaurant/Bar Menager gave us two weeks notice of resignation effective 05/21/00. Two members of the Links Leadership Team. $oe Scinrtino, Golf Director, and Freda DeFosse, Assistant to the Golf Director and given the responsibility of supervising the restaurant's operation, interviewed Ms. Lattuca and found her to be very knowledgable and experienced in the hospital/ty end food and beverage fields. Her resume', tcopy attached for your rewew), clearly depicts a creative, talented, and dedicated hospitality manager capable of accomphshing our mission to make the restaurant a unique dining experience. We contacted her previous employers who indicated that she ~vas an exemplary employee and eligible for rehire. Ms. Latuca is enthusiastic about the possibilities for our restaurant and is ready to go to work/mmediately. Currently we have one restanranT employee only, necessitating closing the restamcmt two days a week, and being open only eight hours of the five days we are open. This is because our current restaurant server/chef is pregnant and can only work a forty hour schedule. PROGR.aC~I EVKPACT: Providing a leader eager to recruit and create an effective restaurenar team motivated to make our restaurant a place to visit not only by our golfers, but the surrounding community as well. FISCAL IMPACT: Annual, budgeted, base salary of $30,000 plus City benefits as outlined in the attached contract. ALTERNATIVES: Return operation to a concessionaire through the bid pr~ess. //t~ep~a~nent Head's Signature ~ '" City Manager's Signa_mre _ Department Name City Attorney / PineneaTHu~r~u R~rsorff~ce~ ~ / SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTIQN NO. ROO- A RESOLUTION OF THE CITY COMMISSION OF THE FIRMING -_-AN WHEREAS, upon the recommendation of staff, the City desires to employ the services of KAREN LEE LATTUCA as the Golf Course Restaurant/Bar Manager of the City of Boynton Beach, Flodda; and WHEREAS, it is the desire of the City Commission to provide certain benefits and requirements regarding the employment of KAREN LEE LATTUCA by the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, FIodda does hereby confirm the appointment of KAREN LEE LATTUCA as the Golf Course Manager, of the City of Boynton Beach, Flodda and authorizes the City Manager to execute an Appointment Contract on behalf of the City of Boynton Beach with KAREN LEE LATTUCA, said Contract being attached hereto as Exhibit "A", and incorporated herein by reference. Section2. This Resolution shall become effective immediately upon PASSED AND ADOPTEDthis ATTEST: day of June, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner City C erk s:ca~res\e mployment~attucal Reso APPOINTMENT CONTRACT THIS APPOINTMENT CONTRACT is entered into between the CITY OF BOYNTON BEACH, Florida (the "CITY") by and through its City Manager ("CITY MANAGER") and KAREN LEE LATT.ucA. RECITALS The CITY and KAREN LEEi~:iLATTUCA acknowledge premises for this contract: Ao the following ciTY MANAGER ;is the Cl~ief Executive Officer of the .CITY and is authoriZed, pursuant to Section 72.1(b) to appoint indMduals in a .special~Zed~field. The (~ ER' on behalf of the CITY desires to appoint for the CITY, appointment. Golf Course Restaurant/Bar Manager LATTUCA desires to undertake that In selecting KAREN LEE LATTUCA to be appointed at Go f Course R,e. staurant/Bar Manager for the CITY, the CITY MANAGER has relied on all informati~ and materials appearing on o[: furnished, in connection with her application for that position-, ncluding representations made in oral interviews. KAREN LEE LATTUCA represents that all. such information and materials are accurate, cc;mp!ete, and authentic and that she is qualified to serve as the Golf Course Restaurant/Ba~' Manager and the performance of such duties are specialized in nature. The CITY and KAREN LEE LATTUCA wish to reduce their agreements to writing in order to describe their relationship with each other, to proyide a basis for effective commun cation between them as trey fulfilt their respective governance and admin!strative functions in the operation of the Golf Course Restaurant/Bar for the CITY and to enhance adm nistratve stability and continuity within the Golf Course Restaurant/Bar. The position of Golf Course Restaurant/Bar Manager is a contractual appointment by the CITY MANAGER of an individual~ in a specialized field and not a civil service position and neither t;he CITY'S Civil Service Rules and Regulations, nor the Persor~nel Policy:Manual (PPM) are applicable to KAREN LEE LATTUCA. othlng herein sh~ const tute an abr dgement of or rmtatlon to the rights and powers~ elf the M/~NAGER to manage the work force, including the appoihtment referenced herein. Nothing herein shall constitute an abridgement or limitation on the rights and powers of the CITY Commission to create or alter the work force of the CITY by the appropriatiOn or non-appropriation of funds earmarked for departments, positions, or appointments. TERMS, CONDITIONS, AND COVENANTR Accordingly, on the foregoing premises and in consideration of the mutual covenants contained in this contract, theCITY a~nd KAREN LEE LATTUCA agree as follows: 1.1 1.2 2.1 2.2 ARTICLE I The CITY MANAGER hereby appoints KAREN LEE LATTUCA to serve as Golf Course Restaurant/Bar Manager for the CITY and KAREN LEE LATTUCA hereby accepts that appo ntment and undertakes that appointment. KAREN LEE LATTUCA is an at will employee of the CITY. By acceptance of this Contract KAREN LEE LATTUCA acknowledges that there has been no representation or promise, express or implied fixing the term of her appointment. ARTICLE 2 Duties and Obligations Principal Duties and Obligations. Subject to the CITY MANAGER'S responsibTt'es and direction of the overall operation of the CITY's work force, KAREN LEE LATTUCA shall: 2.1.1 Serve as Golf Course Restaurant/Bar Manager of the CITY and' shall perform the job responsibilities as set forth on Exhibit "A", 2.1.2 Perform such additional job responsibi t es related to the Golf Course Restaurant/Bar of the CITY as assigned by the CITY MANAGER or his/her designee. Manner of Performance. Except as otherwise expressly provided by the contract, KAREN LEE LATTUCA, at all times shall: 3.1 3.2 2.2.1 devote all her time, attention, knowledge, and skill solely and exclusively to the business and interests of the CITY during normal working hours and at City re~ated events after normal business hours. 2:2 2, perfo~ he[; duties and obligations faithfully, industriously, ' ~nd, l. tO {he best of her,ability, - 2.2.3 not engage in conflict ng outside employment except with .;p,,rje[ii~[~,n,, ~!~l~s~re tol a:~d written c~hsent of the CITY , ~t~.~ ~,~,:l~Is/,~r~,d~.i~i.r~e,' travel mast' ~ MANAGER or ~:i~ ~ ~¢ ~i,.~/her desig,ee~ful y nformed ~e[ a~d act[¥ities that take her out,of the .area),~'o~,more than a day at a time, All ~;pddr Written approval of: the CITY ~iSesignee. ,Evaluation The Golf DirectQr or his/her designee, shall review and evaluate the JCA at least once annually n advance )f operating budget. The review and eva uation ~h!all: be in accerdar]ce with specific criteria developed by the Golf Director or i~is/her des ghee. The cdteria may be added to or deleted from as the Golf Director or his/her designee may from'time ~O time determine. Further, the Golf Director or LEE LATTUCA with provide and ade DA to discuss her evaluation nee, Annually the Golf Director and KAREN LEE -[z)rmance objectives that the~, of the Golf CoL objectives and shall further establish a relatve, pdority among those various goals and ob'ective i,W.h" h Shall, be r,~uced to ~writ ng. Such ~oals and ~ ,S~, ~ .... ~ ~ . !. . . . objectives Shall; be g~rker~lly a~ama,~le with,.i~ t~ie bme hm~tabons as specified~ ih,:,,¢he ~r;t~at o~rati~g 'and capital budgets and appropria,ti~ns provided ~3Y th~I cIT~. Compe~$atioq revie~s:"'a"re ~,0t S~bject to, anY' specific formula applicable {o other City perso~nnel. Wage adjustments shall be at - ~- the sole discretion of the CITY MANAGER and are subject to the appropriation of funds by the City Cemmission. 4.1 4,2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 ARTICLE 4 Compensation and Benefits Base Salary. The CITY shall pay to KAREN LEE LATTUCA an annual salary of THIRTY THOUSAND ($30,000.00) DOLLARS, payable in equal installments at the same intervals as the CITY's management personnel are paid. Business Expenses, The-CI'FY shaJ pay or reimburse KAREN LEE LATTUCA .consistent with reimbursement policies for CITY managerial employees, .Health Insurance, KAREN LEE LATTUCA shall receive the same benefit previded to non-unionCity employees hired after 10/1/91. Dentat Insurance, KAREN LEE LATTUCA shall receive the same benefit provided to non-union, City employees hired after 10/1/91. Disability Insurance. KAREN LEE LATTUCA shall receive the same benefit provided to non-union City employees hired after 10/1/91. Life Insurance. KAREN LEE LA-FrUCA shall receive the same benefit provided to non-union City em ployees hired after 10/1/91. Participation in Retirement System, Retirement benefits shall be provided to KAREN LEE LATTUCA as set forth in Exhibit "B". (General Pension Plan) Holidays. KAREN LEE LATTUCA shall receive the~ same benefit providedto non-union, managerial (exempt) City employees. 'Vacations, KAREN LEE LATTUCA shall receive the same benefit provided to nomunion City employees hired after 10/1/91. Sick Leave. KAREN LEE LATTUCA shall receive the same benefit provided to non-union City employees hired after 10/1/91. Wellness Program/City Gym. KAREN LEE LA~-FFUCA shall receive the same benefit provided to non-union City employees hired after 10/1/91. 4.12- ~" 5.1 6.1 7.1 Educational Reimbursement. KAREN LEE LATTUCA shall receive the same benefit provided to non-union City employees hired after 10/1/91. ARTICLE 5 Indemnification andReimbursement Indemnificatioh!of,'the Golf Course Restaurant/Bar Manager. The CITY shall: 5 1 1 defend aqd ndemni~ KAREN ,LEE LAT--~UCA against all a~iens~far~ O~e[;~Pt~,;eg~s~f~the:~Ped°r~nce Oi her duties ~and teSPohs i~}~b~a Bt~'~i~C°ntra~. 5,1.2 pay any judgment that~may be;entered against KAREN LEE LA-T'FU,CA in e~civ!l act~,n!~i~ising:.oUt'of,~nd~:~ the coume of the ped~aqce 0f h~[:~ti~?nd responsibil~ies pursuant +~ +~ ~An~r~ ~x~;a ~iu~m~t~ 5esed'~?o~ intentional defense· ARTICLE 6 Duration of Contract KAREN LEE LATTUCA' appointment and the term'of this Contract shall commence of June 7.2000. ARTICLE 7 Termination of Contract Events of Termination.' This Contract shall terminate: 7.1 1 at any time by mutual agreement of KAREN LEE LATTUCA and the CITY; 7.'1.2 upon KAREN LEE LATTUCA'. sustained inability for all or substantially all of ,180 calendar days in a, 190 day period to perform all or substantially all of her duties and obligations pursuant to this Contract as a result of physical or mental 7.2 7.3 illness or condition, which inability shall be verified at the CITY's expense (to the extent not covered by applicable medical insurance maintained by the CITY) by a licensed physician selected by the CITY; 7.1.3 at any time by the CITY's unilateral termination of KAREN LEE LATTUCA'S Contract for the position; 7.1.4 the death of KAREN LEE LA-t-rUCA; 7.1.5 the resignation.of KAREN LEE LATTUCA. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than forty-five (45) days following the date of notice.of resignation. Rights and, Obligations Upon Unilateral Termination by CITY. Unilateral termination, shall be in writing, s g~ed by the CITY MANAGER and need not reflect performance.related reasons~ If this Contract is terminated by unilateral act on by the CITY MANAGER,'KAREN LEE LATTL)CA shall~be entitled to: 7.2.1 Prorated base sa ary for the effect ve date of the termination plus .thirty, (30) dais, ca culated as follows: Employees annual base salary shall be divided by 365 days, and that sum shall be multiplied by 30 days, less customary Withholding. 7.2,2 reimbursement for as-yet unreimburaed expenses pursuant to.this COntract; 7.2.3 an, amount for accrued and unused vacation leave, not to exceeo the maximum number of days permitted by law, according to the schedule/formula for non-union employees hii'ed after 10/1/91; 7.2.4 an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91. Rights and Obligations Upon Termination by Mutual Agreement. If this Contract terminates ,upon mutual agreement of the parties, KAREN LEE LATTUCA shall be entitled to: 7.3.1 base salary accrued to the agreed date of termination; 7.4 7.5 7.3.2 reimbursement for as-yet unreimbursed expenses pursuant to this Contract; 7.3.3 an amount [o~ ~acc~ued_and~, unused,vacation leave, not to ihe mail'mum'number of days permitted by law, exceed acCOcd[ng::~to- - -,the schedUle/fo~-m'~[a~for~on-union employees ~ired after: 10t~1191;.' ~" ~ 7.3.4 an amount for accrued and unused sick leave, not to exceed the maximum number of days pe,r, mitte~ by I~.w, according to Disability or LATTUCA' guardian {oJlowing pursuant 7.4.3 ar~ amount for accrued and unu~d s ck and vacation leave, not to eXCeed the .max mum n~mbe~ of days permitted by : ::law;~,~ac~(~.di~it0:~ the sc~e~le/~rmula for non-union empl~ye~ hi[;~d after 10/1/9t~ a~d: ':~ 7.4.4 life.and/or disability benefits, if applicable. Rights ~ue to Resignation. If this due t0~K,~REN LEE LATTUCA' resignation, KAREN LEE LATTUCA shall be entitled only to the fo ow ng compensation and benefits: 7.5.1 base salary through:the date .~qf; resi,g, nation or such other date as m~tually a~reed to b~tW~en K~REN LEE LATTUCA and the cITY MANAGER. 7.5.2 reimbursemerit for as-yet unreimbursed expenses pursuant to this Contract. 7.5.3 an amount fo~ accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by 8.1 9.1 10.1 11.1 law, according, to the schedule/formula for non-union employees hired after 10/1/91. 7.5.4 life and/or disability benef ts, if applicable. ARTICLE 8 Modification or extension of Contract Modification and Amendment. No modification of or amendment to this Contract shall be valid unless reduced, to writing and signed by both parties. ARTICLE 9 Inapplicability of Collective-Bargaining Agreements No collective-bargaining agreement to which the CiTY is a party shall in whole or part govern, apply to, or be deemed part of or incorporated into this Contract. ARTICLE 10 Venue Any civil action arising out of this Contract or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. ARTICLE 11 Waiver The CITY's waiver of any breach of any term, condition, or covenant of this Contract shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this Contract. ARTICLE 12 Applicability to Successors 12.1 This Contract shall be binding on and inure to the benefit of: 12.1.1 KAREN LEE LA'I-I-UCA' heirs and representatives; and 12.1.2 The CITY regardless of changes in the persons holding ~"~ office as members of the CITY. '~ ~ 13.1 14.1 15.1 15.2 15.3 ' ARTICLEd 3 ' Severability of-Provisions if any provision of'this Contractor the application of any provision to any party or circumstance shall be prohibited by or nvalid under applicable law; the pmvisi;~n sh~ll be ineffective t(~ th~ extent of Provisions of this,Contract Or, their, aoplic~ien:tC~:other' parties or circumstances. 14 Law This'Contract and the~?~; ~nditions,.: ,;,.~,~:,,., - and covenants contained in it shall be governed byt~ar~d'!~construed in with the aws of the State of FlOrida. 15 Integration of All J Inderstandings This Contract contains'~h~ enti,re agreement between the CiTY and KAREN LEE LATTUCA. ;AIIri~ri°r agreemen{s and understandings, whether wr tten or o~al;, pCr~a,.in ng to the CITY's appointment of KAREN LEE LATTUCA ~.~ iy abrogated and of no further force and effect from and after!the;date of the Contract. Regard ess of which par~y o: party's counsel prepared the original draft and subsequent re~¢ ns Of this Contract, KAREN LEE !i~n~!aOanrti~~! their respective counsel nave had ,~ tO and have contributed to its ~all not be deemed to be' the product of and, therefore, constr~gd gainst either of them. The omission from the ~ntract of a term or provision contained in an eadier draft of the 6~a~t ;shall have no evidentiary significance regardingt? Cohtractual intent of the parties. ARTICLE 16 Execution of Contract 16. t This Contract may be executed in dup icate or n counterparts, each °f Which ~hall be deemed an odginal and all of which together shall be deemed one and the same instrument. No term, condition, or covenant of this Contract shall be binding on either party until both parties have signed it. EXECUTED on the respective dates set forth below. Dated: KAREN LEE LATTUCA CITY OF BOYNTON BEACH By: Dated: KURTBRESSNER By: Dated: GERALD BROENING MAYOR S:CA~AGR\E MPLOYME~TTUCA AGR052300 GOLF COURSE RESTAURANT/BAR MANAGER PURPOSE OF CLASSIFICATION H~g'hly responsible work in the planning and superv~si~n~ of,' the' re~f~rant/Dar facilities of the golf course. The employes in this'position i~ responsible fo~ the .d, a~ily op~ at ohs of the restaurant.~bar fac ty i~dlud ng but not limited to staffing, inventory, ca? ?cc°unting~ and.~us~am~r Ser~t~e, . W~k ~i~ perf~d Wi? C°n~id ,amble latitude fOr tl~e use of independertt i~[~m~nt ih t;~ ~elei:ti'~[~'bf ~tk~ rr,~t~b~$~h~l~l~S e~d is subject to'revieW by the Golf ~ rector. · ESSENTIAL FUNCTIONS Directs the daF. y operafions of the restauran'J0ar functions ~ and on-course Vemdir~g machinem interviews applicants for restaurant/bar positions; rec, ommends hidng; disciplinary actfons and dismissals; Trains staff, schedules personnel an(f ap~3roves payroll time records Directs continuing inventories of ail restaurant/bar supplies Pdrcheses beer, wine, liquor (if applicable), and items for bar; 13urcl~ases all food items end kitcl~en supplies for restaurant. Assists personnai as necessary. Counts daiiy receipts for restaurant/bar ooeration end prepares relate~ repOrls. Coordinates food;beverage service for all special events as ~equired. Responsible for keeping restaurant/bar area clean, orderly, and in compliance with all health, fire and safety requirements. Establish and maintain an operational procedures manual for the restaurant/bar. Responsible for the general maintenance of afl resfaurantJbar equipment. Recommends ally equipment repair/replacement as needed for the benefit of the operation ADDITIONAL FUNCTIONS Serves as back-up for other restauran~bar staff as needed. Performs related work as required MINIMUM QUALIFICATIONS Associate in Science degree in Food Service Management. Hc~d a current food management certification as requirecl by the Dept. of Business and Professional Regulation Divislon of Hotels and Restaurants. Ability to train and supervise perSonnel engages in the food and beverage service actNJfies. Ability to effect the mail~tenance of invenlor,j records and to ~3repare written reports. Abilit~ to estabhsh and maintain auality and ~st control measures on reste, urant/bar operations_ 88/19/1999 09:35 4079GGI700 B,'B.~,G,3. P~GE 03 Al~i!ity t~ establish aBd maintain effective working relationships with employees and the 9enera~ public. PERFORMANCE APTITUDES Data Ufllizatiort. Requires the abiJity loe review, c assi~, ~tegor ze, pr~ritize and/or aha yze data for the P~r~ose of r~g~ng a~u~ or P~Sabl~ intera~ive ~s and refat~enships. Human Inteca~ion% Requlr~ ~e a~ilJ~ ~ ap¢ly ~¢ nciples of persuasion and/~ in~uence over info~ation.~ Requires ~e abitity [o utifize a wide ~nety o¢ reCeren~, descriptive, anQ/or adviso~ data and ~Requlces the abil t~ to pedo~ additie~ s · - ~cu~a~e ~eC~tS an~ ~er~n~g~ ~e ~ ~ to 'ze ~r ~ &~b~[~ct~, mulbCflcat~on, and division the , . ; -~ . ~t I~_ ....~,. ~a o~ ~ramions; end ~e ' . , ;. ~ ;_ . . . ab i~tomte, pret aphs ~[,o~1 R~ In : Requires t~e a~tity to a~-I- "rJnc-'- ' gr . ~um~snea m ~n, ~al. d~gmmmmic, or schedule ~- ~-~ ?~s o~ m~ona[ systems; to in~rpret instruct ~tu~onal Re sonin - ~quires he aell~ [o exerci~ ~d · ' involvingeVeluato~ofin~o~atonan=n-. _ ,- gme~t, Qec~eness and cr~tivi~ in situations APPLICATION FOR EMPLOYMENT CITY OF BOYNTON BEACH 100E. Boyht0n Beach Blvd.T P.O. Box 310 Boymon Beach, FL 33425-0310 AN EQUAL OPP03~ EMpLOYER ................ OF THE~p~fCANT;TIg;THO~(~UG~Y COMPI~)q'ig I tit: Pos ti0n Applied For (Specific Title} Name: i"(MI) (Last) Addr~s: (S~) Home Phone 0~ Phone ' . ~youaU. S. ci~? y~ No~ Ifno~ha~pyofU.S.i~i~onp~ Minimum S~. R~ui.m~<: ~ Hourly: Y~IY~ Have you ever b~n emplo,~ by ,c Ci~ o' Boynton B'~h be're' Y~m Dep~ent? Are you ml~ to myonc wo~ing wi~ ~ Ci~ of Ify~ give: BoyntonB~ch? ~cs~ NO~ Nme Ralmionship Dep~em Commerdal Complet~ ifpositionrequireedriving: Yes[~] NO~'~ [---[ A Do you have a valid Florida drive~s lieens~?- Has your iicense ever been suspended or revoked? y~[~ No[--] [~B lfye~, provide dates and explain: Non-Commercial [-~ D - Chauffeur [] E - Oper~or List Endorsements: Have you ever been conv ic~t of a felony? Yes ~ No~ If yes, slate the eom't, nature of offense, disposition of case and date: NOTE: THE TYPE OF O~e~NSE AND THE NATURE OF THE POSITION APPLIED FOR ARE THE ONLY FACTORS CONSIDERED- d CRIME CONVICTION CHECK WILL BE, CONDUCTED. ~.'III~ITARY SERVICE - Branc~ Date Separated: Rank:. Type of Discharge: Date Entered: Specialty: % Disability if any: % VETERAN'S PREFERENCE: (Optional) Cheek the appropriate block ffyou wish to claim veteran's preference. If you choose to claim veteran's preference, documentation sustaining your claim must be furnished at the time of application. [] 1 - A veteran with a compensable service-connected disability who is eligible for or receiving compansafion, disability retiremant Or pension under pubiic laws administered by the U.S. Veterans Administration and the Department of Defensc, or ~ 2:The~poose~faveteraawh~capm~tqua~ifyf~t~mp~ymentbecau~fat~ta~andpermanantdi~abi~ity~rthespouse6fav~teran missing in action, captured by foreign power, or [] 3. A veteran of any war as defined in section 1.01(14) Florida Statutes, or [] 4. The unr~mmTied widow or widower qf a'veteran who died of a serv~ce-eoonccted disability. :~Braach of Service ~ ] Date of EnVy. Date of Discharge ;~ If yes, give name of employer' ~;Note. Under Florida Law, preference m appomtmant and employment shah bc g~ven, by the state and its ohtical subdivision first na those ~' ~-~e~sans included in I and 2 a§o~e; and second t6 those petsgns included under 3 and 4 above. If any applicant claiming veteran's preference for a ~',~.,cant position is not suleeted fei'thc position, they may fil~ a comola nt with the Divis on o V ' . : ,4 . , , ~, _ - -~ ~ ~ ...... f. eterangAff'a'a~P~O,.~ox~437, St.p~rs~,g, FL ~3731. A comPlaint shall be filed w~thin21 daysaffernoticeofaMrlng dceision. Ifanoticcofahiringdeeisionisnotgivan,~cemp alntmaybe ;filed at any time. ~EDUCATION iCh~ckhighestgradec°mpleted: 6[~ 7[~ 8{~ 9[~ 10[~] II[~ 12~ ~0 Yqu have a high school diploma? Yea~ NO[~ Do you havc a O.E.D.? YczF-~ No[~N/A[~] i~l~31 Did you eraduate? Maior ~'~1= ege or~niversi~. Yes~ NO~ ,,~taduat¢, School: other c~'t/ficatca and/or license~ you pos~a: ~ .~. p..u~cr programs you can usc: . If ~plicable to ~osition, l/st typing speed Dat~ Tested: ~yP,~NCES: List the name of at least thre~ persons who am not r~lated, nor are employers, who know your character. ~ Address Tetenhone (including area code) Most Recent Job - May we contact your present employer regarding your record of employment?. Yes~ No [] l~me of Comnanv. Address & Telephone ........ ' Hours per :week 2nd Most ) ,[/~ w : star~ §alavl Effd Salary 5th Most Recent Job ~ .Y~our Title /Q .., Name of Com.nflnv. Addr~s & Telet~honr, , Employe~ You Supe~ ~ . ~uipm~t ~ou as~ in Date I-¢l~ End Salary Have you ever b~n fired or fo~ to resign? Yes ~ N~ If s~ expl~n: OTHER COMMENTS - Briefly describe any special skills, interests, qualifications or experience (excluding work history above) which i Y°U feel will contribute to your anccess at the City or which you feel would especially qualify you for work with the City of Boynton ~d. Beach~ CERTIFICATION & AUTHORIZATION / i hereby certify the information contained in this applicatinn to be ~rue and correct to the best of my knowledge. I agree that any false statements in this application shall be sufficient cause for rejection or dismissal. I authorize tho use of any information in this application to verify my statements, and authorize ali my previous employers (except my present employer unless I consent thereto) and other persons, including but not limited t~ sohool authorities, having information about me to release such information to the City of Boynton Beach. I hereby agree to releaso the City of Boynton Beach, FIorida~ fi.om and against any and all claims, causes of action, or liability of whatsoever~kJ~nd or nature, which I now haw or may have in the future, arising out Of, or in connection with, person(s)j;yrovidin~/'of 13c~h Beach with information about me in l:The City o£ Boynton Beach does not discrimioate on the has s of race, ¢olur, national ori n s reli io ' ' ' :th . . . . .... g ex, g rk age., or disability In employment or e prov sion of service In accordance w~th tho . . - guidelmessetforthzntheAmericanswthDsab itios Act of1990 licants for em 1o mont ?re lnvtted to tnform the Human Resources Department if thev need ass stance or s"ec;~ ...... ' - ; , ap.p . . p .~. this application. . v ,~, ,~,.~.ummouauon to apply to ~e position specmea on ~,PT 19 124 MARINE WAY BE~:U~¥ BEACH FL. 33483-5347 (56-1)276-0198 An exciting blend o[ over 15 years vintage experience within the hospitality industry, offering a diversity of spirit. For the discerning palate of a goal-oriented winning ream. Delicious harmony of food and beverage pumhasing and inventory Dynamic carmelization of menu planning Delicate concoction of marketing and promotion Spicy cost control · Flavorful implementation of policies and procedures Fresh identity of problem areas/correction · Distinctive reconciliation Of daily cash transactions Irifusion of select staffin~tralning Mouth watering design and organization of catered events Crisp intensity of visual concepts Garnished with costume & set design Gurnev s [nn Resort and Spa. 98 - "~c:., Montauk, NY 11954 (516) 668-2345, Offers an exciting blend of duties in historic. unparalleled resort, perched atop one of the world's finest beaches: Restaurant 3fanager/In Hbuse Designer/Assistant. Concierge/Maire 'd_ Exciting Blend of Duties: Daily operation of fine & casual dining Ambassanor for "Gourmet Tastings"/Charitable Events · Proper assignment of employee's duties · Implement fresh floral and holiday displays · Work closely with concierge to assure quality accommodations forelite clientele (Barbara Streisand, Diana Ross. Tom Cruise, Goldie Hawn. Michael J. Fox Sea Club Oceanfront Resort?93-96 619 No, A1A, Ft. Lauderdale, FL (954) 564-3211 Served up an explosive platter of challenges m breathtaking resort overlooking Atlantic ~cean. Food, Beverage & Entertainment Director Award V~inning Mermaid Room Dinner ~.'t~eatre · Conceived/designed/operated award winning Mermaid Room Dinner Theatre. · Creation of pool-side dining, increasing revenue · Staff/train/supervise daily operauons of two additional restaurantstbars/talentdover 50 employees · Consistently increased sales/profitability ret an attractive purchase by The Ramada Inn Christine Lee's (5-Star Fine Dining) '80-93 Ft. Lauderdale, FL Scrumptious landmark catering to distinctive clientele (Frank Sinatra/Wayne Newton/Connie Francis/Sunday night "regular" Jackie Gleason). Lounge Manager/Bartender/In-House .Designer/Catering · Staff/train All lounge-personnel · Purchase/control inventory ' Designed/staffed/catered events · Right hand to owner/revamp propertw holiday decor · Consistently increased revenue for a winning sale to a private sector ~ Casino '79-80 Las Vegas, NV An exciting resort in the heart of downtown Las Vegas. Nevada. Host to a fast-paced melange of clientele, serving up an exclusive portion of trammg to further management goals. Bartender/Cocktail/Cashier · Assuring quality guest service Teamwork of oyer 30 employees · Reconciliation of inordinate amounts of currency · Crowd control "Resident Mermaid" for Mermaid Room Dinner Theatre and Hotel Brochure. Freelance Interior Design Developed Theme Photography business for children in day care centers Revamped/designed/operated Towne Florist. Ft. merous other businesses Conceptualized "Ring-A-Wing" for Win~ Delivery Restaurant C6mmemial display Author Childrens' books Creative theme parties Host/Cooked/Served holiday functions/'Kids in Distress", Ft. Lauderdale (3 years) · Jamaica High School, Jamaica, New York Academic/Secretarial · Broward Community College, Coconut Creek, Florida Art/Interior Design · "Opti-Quest" Computer Skills · LaSalle University, Chicago, Illinois Business Management · Feng Shui Workshop, Ft. Lauderdale. Florida Art of Placement & Design · Computer Lab- East Hampton, NY [current) MS Word/Excel Awarded to: ClUb's ~ermaid ~oom By The Fort Lauderdale Chamber Beach Business Council Category: This 18~ day of June 1994 tTheatre? i Review By Burt Richaras, Theatr< Travel & Food Critic Sea,Club Oceanfront Resort Ne,v Found Dinner Theatre In Town TIlE MERMAID ROOM'S NEW outhl Dircctor EricStone has a lalcnt for picking THEATRE the right actors and put them through their paces m REVIEW - At last! A l~cal Resort offering what an "I~XCEI~I.ENT PRODUCTION WITttOUT A we all need in Ft. Lauderdale and no more running FLAW". It's a pleasure to see a new Director in ~o Miami Beach when we have it right here. I'm Town. Every scat is first cross. Not ~o Iorget thc talking about the all new showcaseproductionsat dthncr show menu lhal ollcls you :, varmty ol the SEA CLU'B OCEANFRONT RESORT selections. YourGardcn fresh salad w~th choiceol HOTEL'S MERMAID ROOM, located at 6~19 North A1A. Ft. Lauderdale t3 hlocks South of Sanrise BIvdd. After a successful 4 month run af Ain't Misbehavin'. New York Staff Musical Di- rector on the Piano/Choreographer and Director. Mr. Eric Stone has decided to bring in the two character musmal/comedy I DO. I DO b,'~sed on the Four Poster that starred iessica Tandy and Hume Cronin on Broadway back th 1951 without any music. Now starring AMY KOZLEUCHAR and MARK CORPRON. The two are new m this writer and arc an attractive couple who can sing, dance and grow o Id together gracefully in this very fresh, energetic and tender production, The newly renovated 75 seat room ]I[IS been decorated very tastcfnlly by Karen Lee with arti£acts IYum the ocean, shells, star fish and you get the feeling you are in a sea af tranquility in TIlE MERMAID ROOM FIIEATRE that she also designed with Gold Fish swimmiug in a i,eautii'ully iii globe jar right on your table. Karen also designed the attrac- tive sets and the [~eautiful costumes IBc the show. Amy who Dlays Agues ts a very talented Ballet dancer with many stage credits. She shows it on stage along with her pleasant singing voice with some comedy thlown in as tile new bride, the drcssing, Dclicious rolls ami Bagueltc bread sticks with hurter, a variety of Pasta Primavcra. Salmm~ Steak. Snapper Aimonthne. Prime Rib ~)r the Cor- nish Game Hen stuflkd with wild rice. A I1 dinners come with Vegetable duJour or glazed carrots and sliced potato, plus the traditional White Wedding Cake with mai Whipped Cream on top along w~th your beverage often, coffee or iced tea. The fo~ is specially pn.pared to perfection, not too well sea- soned and is a Culinary Art by Chef Christopher, be sure to ask for Judy. she's an exceptional wailrcss Groups arc encouraged I<, attend at a special price for dinner and show o[$29.~ plusT & T. Attention Social Dirc:-mr get the word out and call thc hotel now. Plemy ~1' Free Parking behi[~d thc holcI Now playing Thi~rsday.Simday till Mid-Se~mber. Call the box t~ffice at (305) 5~- 32II- sPecmi Note fi~r thc Ath'! Misbchawn' sho~ yo~ Cau con[act the Eoclm~t Creek Playho~e as 26th and 27th. 1-800-327-9478. JI ~I.IE HARR1S~THEATRE GUII.D PAYS FOR NEW PLAYS produced? Well they mc wauthg ~r your inquiry for my dcm friend thc JUL1E IlARRIS play- pregnant.expectant mother. (2 times), the jealous wright competition with prizes of $5.000. $2.000 wife and the aging parem m a superbly directed and $1.000ifyou'reawimter-DeadlineisNovem. make-up scene change before your very eyes. Co-' bec I. 1994. Winnerswtll beannounccd sometime Star Mark plays Michael has a great w~ice and Is in June 1995 For your application and gt~idelines the loving groom who LOVES his new wife. tries on how to enter plus requirements for Un-produced to make a life for her as husband and father, advances to becoming a celebrated author and woman chaser to almost losing Agnes and get old with her. Some tender mmhents ot life in song and some neat dance routines. The Wedding. Together Forever. 1 .Do I Do. I Love My Wife. The Honey- moon IsOver, When The KidsGet Married plus the malerial Send a self-addressed stamr~ed envelope to the BEVERLY IIII.LS TIIEATRE GUILD (.lulle I [arris Playwright CompetitionL 2815 N. Beacl~wond Drive. Los Angeles, CA 01)068. Call Marcella Meharg at (2~3) 465-271}3. GOOD LUCK. memorable What Is A Women and the show stop- DII) YOU SEND IN YOUR ENVELOPE )er of the evening by AMY is her FLAMING.,. FOR YOUR EREE LUGGAGE TAG?.J.,][M-, ,AGNES routh,c, dressed lu kill m her sexy rqd ITED SUPI'LY. RESORT HOTEL Proudly Presents Dan Granvillle Stephanie Hayes-Bostic An~gela gbzier Kevin Cumberbatch Dorothy J. Morrison Tiffany Hayes in the FATS WALLER Musical ~ ~ Prod~tCer Set Lee Technical Director Bob Robertson The Mermaid Room made it's beach front debut in July of 1993, due to the vision of Karen Lee~ who now presides as the Food and Beverage director. The decor and personality of the room returns to an era when fine dini~g,.music ~nct live theater_glittered the sandy shores of South Florida, Ain't Misbehavin' seems the perfect production for our theatrical debut, as it is set in the depths of one ' clubs. In fact, the construc- of Harlem's hot 1930's night tion of the stage in the center of the room, is a haunting reproduction of the 'famous Cotton Club. In the streets of Harlem, the world remained cold and harsh, but beyond the club doors were unparalleled glamour and unequaled talent. The Mermaid Room wishes to provide such an evening for.you with Ain't Misbehav. in' .and hop~es you, will return m the future for many other tuture p~anneo productions. The Mermaid Room made it's beach front debut in July of 1993, due t~,O the L~e, Who no'presides as the Fo0d and Beverage Director The decor and ersOn~li returns to an era when fine d~ ,. .. . ,.. · uve meatre glittered lhe s~ndy shores'of gou[h Florida. f~ont Presents Besides .... -" superv~smg th~ S.e_~ CA~b~QC~Anz. Resort's three restaurants, Karen-has demonstrated a flare as an interior 'designeL After having received her degree, Karen decorat- ed numerous homes, restaurants & hOtels. For twelve years she was in~house designer and party planner for Christine Lee's restaurants. At the Sea Club, Karen was solely respon- sible fo? the transformation of the downstairs lounge to flue Award Winning Mermaid Rb~m which was voted the "B~o~ r~:__~ ~,~ ~ ,,-, ~a~ ~uu,er lneatre Dy the, Greater Fort Lauderdale Chamber 6~ Commerce. SHOW #1 "THE BROADWAY EXPRESS" Hop aboard and enjoy 15 BROADWAY MUSICALS in one sensational show! From "Showboat" to "Les Miserables" JUNE 1STH. JULY 15TH SHOW #2 "CLASSIC COLE" & "ALWAYS BERLIN" A joyful celebration of Cole Po~ter and Irving Berlin all-time ~avorites. JULY 20TH. AUGUST 20TH SHOW #3 "ANDREW LLOYD WEBBER IN CONCERT" Saluting the composer of "Cats", "Evita", "J~su~ Christ Supe~tar", "The Phantom of the Opera" and "Sunset Boulevard" 'AUGUST 24TH - SEPTEMBER 24TH ~ 7, ~994,,Page 5 (and little ( tioners and residents alike: person, two-act production tim{; takes ~itertainment even begins, satile a tiglYt:h~qrted'vi6v~bTinartia~:'lg~s :Under the direction of Eric Stone, sitaation, ~be seco~ d production for ihe ye~'h~:old 'Who ~o p~ovides the ' ' pmno accompa- tbeater, whieh'~re~ous]yoflbredAin~t n~imen~,fo r',~he 'a veni.n g, .Misbehavin~ :: - '~::~ ~daes .a aup~b'job of cap~urJag the The unique "under the sea" ~no~ifo[ emotions and bmnor of married life the cozy, burg~ndy-colored'r6onrwas tbro~ghsofiganddance~ ' '' ' ' desi~led ~y l~r~g.k~e/:Each~t~ble I:Do!'l Dol features the music even bas ~s own~sh,e~m-;:h~]e:'~,Se~¥111~t and lyrws Of illumiaated atte bye wmt staff gets m o ~ the act Foz~poster ~s the bas~s for the sto~T, audmnce. as they doa seqtuned mermmd 'cos- Ho~vever, fl~e tales..once depressing tanm!g-a~!m dottels b~s~xyites faults tumes. ' :~ ---~:' endi~ig was changed t6 make tli~ sto~:y wbil~ w~rlng n t~p hag and carrying a Guests can choose from five'main more upbeat .aud ev?ntuidly, more canedurlngA.Wel.lKnownlibct.. courses and a ,variety of optional successfulin theaters.'" '. '~ . The actors make good.us~ of stage palate- ,leasing a )pefizm-s -~'a~l¥ ~U~-~' Kozleucbnr, ~ln~s ~h~'ihn~c~n~ ) ~ked bric wiB ~ r ~spbc~/~ suuee' ora ~bnd'e'~gi~sV~vho?is~mucb in love 'wifb spi:'ach dip stowed with light French bar~ self-involved' husbm~d: M~cb'ael:' puff pastries. Each meal includes a played by Mark Corprou. As ~hey _ -cit- The elves Club Mermmd Room . Resort' ttotbl; ~6 Mellons · , new addition dress is c~isual: The Latin and reggae nights as well as.. m uht house a sno-~ ;g a patio bar Shii~ two ladies' nights: ToO ~0 dance ~in~udMe:vone~;'l~7 ,.for d~oS6.who just music is fe~tu~red on Weekends~) ~- ~y a" Ifink" and an Thc lounge· ~s open fi0m 4 p ~ -.: They're'baafiaiiaa~u"r~ :7 ~] lg..:.,ho~, aer. shgw~ are. fea- :day. Happy hour runs from 4.t~ 8:. Club:Sod~-:: ~;kx~:..,.: ..:-~.~:..... ~ ~,4;:~4~ .~.i ' ~ .,: · · '?~?~ :,.up a huge secona-noo' cuun~ oL? ' Un i .... ' · .?e. ~ora~ ?dg~ Shop~,qg ~e~,.,~ th,s ~m, Club Soda w~ll se~ ~ i~:0~ '~AR~.~YAH_~REATIYE AAAAAAAAAAAA P.~ DINING The Merma d Ro~m~A feast for the senses! Delight is the chambers ': of,' that came to mind as I entered the inner that whimsically resplendent restaurant with which the roc~m ~ reach ~ graeed*by, seemingly nautica and gQ|d r~Ulll are the _of a~ua as this room is~ even And what a ~eal it same men.u.~Be'"~, still before you r~!'seated. Ch ed w he'lasSes s~t the disappointed:~The brio, the accompa,~ying of the best soft, buttery resistance, B st[ delicate close. And from a gene~'ous had to be s~rve8 on e se entire dinner plate. Bernaise was served with rny husban ),ano~, Beef Well ~gton on the )lng ho bread isti~S ?-"': almost '~: are[ a day of ~at~ ; ~unJ) and:l was- net ~raspber y, sauce and zest~ to my hrst one , warm, ~i:ebe de gnon 'in a rice ,h, of clas ) not to forget SEP 07 _B ~B:06 BARB.R~AI.I_cREATIbE AAAAAAAAAAAA P,3 to comment on the presentation, it was truly,"almost too pretty to eat, Cappuccino and an eclair-like pastry made up the grand finale of our meal, but return visits promise an endless variety of quality selections to choose from in the future: half-spring chicken, scallops en croute, blackened tuna, swordfish au poivre, rack of lamb, plus an impressive list of after-dinne~ choices including Kioki coifee, Cafe. Parisian and Cafe ltaliano just to name a 'ow. Perhaps the biggest and best surprise that The Mermaid Room renders is its very reasonable price list. Entrees range from otllY $7.95 to the most expensive item-of $19.95. And ccnsidering all entrees come with ample side dishes and: a salad, The Mermaid Room is a great place to impress your whole' family, or just that special someone,- IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D.1 ' AGENDA ITEM REQUEST FOR Requested City Commission Date Final Form Must be Turned Requested City Comrr~ssion ~ in ~o City Clerk's Off~- ~ [] M~ch 21, 2000 Maccl~ 8, 2000 (5:00p.m.) [] May l6,2000 [] April 4, 2000 March22, 2000 (5:00 p.m.] [] .tune 6, 2000 [] April 18, 2000 April 5, 2000 (5:00 p.m.) [] June 20. 2000 [] May2,2000 Aprill~.200q (5:00pm) [] IulyS, 2000 [] Adminisirative [] NATLrRE OF [] Consent Agenda tGENDA ITEM [] [] Public Hearing [] [] ~amouncemem [] Date Final Form Must oe Turned in to Cit~ Clerk's Off/ce 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:m.) Deveinpmant Plans New Business Legal Unfinished Business Presentation RECOM34ENDATION: Please plac,e the request be/ow on the June 6. 2000 Ci Commissio Ratification of the Plannin,, and Deve'~nm .......... '. ty n agenda uuder Consent, ~ ~p w,t ~oaru acuun. I ne ylannmg and Develo ment Bo recommended, approval subject to staffrecommandation for ° c ~ .... ~ P ard with a unanimous vote, requested variance of 10 feet or a 15 fo fmn~ =~*~,~,-,- -~ ont setback, rather than the of Memorandum No 00-140 For further de+~,~ -~-' ~ ~, dauon ~s documented m the contht~ons of approval .. ' - ~,,~ pertaining to u-ns request see attached D artmant twemorandum No. 00-140 ep of Development EXPLANATION: PROJECT NAME: AGENT/OWNER: LOCATION: DESCRIPTION: DON TRACY (Front Setback) Don Tracy 31 SwallOw Drive Request for ~relief from Chapter 2. Zoning, Section 5 (C)(2)(a), which requires a minimum from setback of 23 feet, to allow a 15 foot front setback, ora I0 foot front setback reduction (variance), to consm~ct a single-family home. ' PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's S~gnature Planning and Z~/~g ]~irector City Attorney / Finance / Human Resources Staff Report Planning and Development Board and ' City commilsi~fi . Meeting Date: ..: MgY 23, 2000 Location: ZNCV 00-003 - Rear yard setback from property tine Lot 8, Subdivision Las Palmas Landing Owner: Project: Donald Tmcey Building a new single-family house on an irregularly- shaped lot bounded on the east by Intracoastal Waterway Variance Request: l~equest for two (2) variances from the City' of B~ynton Beach Land Development l~egniat~on~; Chapter 2, Zoning; Section 5.c.2.a to atl6w a ten (10) foot reduction from the twanty-five (25) foot front yard setback requffed within the R-1-A single family zoning district, to allow a 15 foot front setback; and 2) to allow a fifteen (15) fo°t reduction from the minimum:of twentyrfive (25) foot~ rear yard setback required within the R-1-A single family zoning district, to allow a 10 foot rear setback. BACKGROUND The subject property and nearby neighborhood is zoned K-I-A, single family .residential (see Exhibit "A", Location Map). The irregularly- shaped, 0.44-acre (19,166 square foot) lot is vacant and conforming with the R-I-AA zoning district requirements. The lot's eastern side, its most narrow at 60 feet, is bounded by the Intracoasml Waterway. The tots adjacent to the subject property are built out with single family homes. There is a private right-of-way easement, Lakeside Harbor Road, extending along the northern property border, with an automobile mm- ~. utility easement extends around easement at the north.west corner of the property.. A 25 foot . along the western property line. property was re,platted in June of 1988; the plat shows setbacks~of25 feet from east and The lines (see Exhibit B , west property lines, and 10zfoot setbacks from north and south property ' ...... Page 2 Donald Tracey File No. ZNCV 00-002 Plat). These setbacks are consistent with the i~equired setbacks on lots 7 and 6 of the same subdivision, but which are oriented to front on a different street (Presidential Drive). Staff surveyed the area and it was observed that all properties al ' ong Lakeside HarborRoad front the right, of. way' with an'~'avemge front yard-setback of 25 feet. The 10t to the south of the subject property ha~s been developed with a I0 foot side setback from the abd/fing property line; tt is ontmg Presidential Drive at ~ts south-west corner. ANALYSIS The code,states that Re zoning code variance, can 'n0t,.be approved unless the board finds the following: That special conditions and circumstances exist which, are peculiar to the land_ structure, or building involved and which are not aPPlicable tO othOr 4arlds' structures or buildings in the same zoning district. b.applicant.That the special conditions and circumstances do.inot result from the actions of the That granting the variance requested will not confer on the applicant any speci~t privilege disc. ici.that is denied by this ordinance to other lands, buildings, or structures in the same zoning d That literal interpretation of the provisions of this ordinance would deprive 'the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance-and.would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the grant of the variance will be in harmony with the general intent and purpose of this'chapter fordinanceJ and that such variance will not be injurious to the area involved or. otherwise detrimental to the public welfare. (Exhibit "D" containsthe apphcant' 's response to the above criteria.) The development of the subject property with front orientation toward Lakeside Harbor Road is consistent, as noted, with orientation of ali other properties along this road. Northern (or eastern) orientation would also work well for "opening" the-hOme to the Intracoastat Waterway. However, the irregular, na~ow shape of the lot impedes such development if subject to the minimum 25 feet front- and rear setback requirements. In this case, the home would have to be re-designed and placed farther from the water, consequently limiting the water view/exposure Page 3 Donald Tracey File No. ZNCV 00-002 see Exhibit ,C", Survey). If the subject lot did not have Intracoastal Waterway frontage, the~ not have been significant; under the circumstances it prevents the applicant 2 can be considered a based on on side setbacks. In mm,,the requested 15 ~oot rear setback co~sl~n,~diag toith~;~'O:~ (u~ .~sethack~ ~ pr0pezty t?:~the~sc~th,:~Prax~ictes~or c6~i~is~h~Y ~ p[~/cb~er/t df,th? sub.'diqtisi0ti~s 'waterfront pr0perties and would have little detrimental,impact on. the surroundingarea., In summary, the,following factors shou, ldbe cgnsidered . ' ' ' nandi ~e ularish~e0~th~parce}; o Th~need for consistency ofthedevelopment of the subject property wzth umt placement/odentatioi~ion 6~e~ s ~lqng ~ ~akeside Harbor Road; and ;~ _. ' - -c'' ~--'-- ~k~12kme~t ~a~tt~r~'witbin the subject plat (along the The proposed place~rn~, [of the building i~s consistent With the frontage of the remaining prope~¢s along ~Lakel i~ HazBor~q~ad::., ~F'tff, rec0~~¢s iimitafi°ns °f devel°pment/design al~raatiCes cfi ~ile, ~ub ~, 1;t~.!~?n?tli0¢gh ~ parcel S ;~[ze is relatively large c. am .p.ared,t° s°me other lbts ia the. neigtl ~r~: od; [ts, irx~egt~l~ shap¢~-mparti¢ular a'narr°,w watern~,nt_ t>o.rae, r, Ctesigtl chal~it° ni~g the value oftlae property s pnnczpat constitutes a sigrdfie~ asset, its hxtracoast~' ~t ~eYWay~16catiomiTheref~re, ,staff mm partial support of the variance requests. It is recommended that the, variane* request {o allow a fifieen G S) foot reduction from the eni ye 20foot minimum'rear~pard'sbtbackrequirementbe__~,__ ~--~kffl nt )r~ertgappr°ved'3' resulting 10 foot tw ty~. (: , . ' .... 2 ' ~ ~e roe tothe:southand, setback would be cons'stent~t sides ~me m~acou~ v ~w", rear line, consistent to ether with the proposed 25 foot s' g ~ -- -~: .... * ~areels alon~ the Intracoastal Waterway. with development patterns or omer r rt ts recommendedthat, insteado~qaten (l¢,footreductionfrom the twentyfive (25). Howeve ' ' ' : ' . 5 hot reduction ~ ]. · -- ,, '' ' ~a f ement, the a ,pticant be.granted afi~e (.)fi .~oot rmmrnum ~ yard setback renu r to allow a twenty (20) foot. front yard ~etbaclc Page 4 Donalc~ Tracey FiFe No. ZNCV 00-002 The resulting 20 foot front setback: ~ --~, ~ ~,,~ m~ cuns[rucuon o ta nome with a value proportionate to the'high value,: :°fthe Intraeoastall , ~Waterway-fronfingparcel; and · Would Minimize the detfimemal effect of the reduced Setback on ro erties al Lakeside HarborRoad and,~,;~;.~ ..... '.., . P P ong the . - . '", ~ ~.~.~u..m.l/~,c posslole VleW oostructloH to the water, "The~'an~es Y'u'l~ ~I°wf0r a~ de~vel°p.m~ °f a m°re'~ahiable ProPertY at woula increase me city sstoctc othigh-e~ct Singl~-family ladusliig~ which ~ontribute~ ~gnific~a~y to ~e tax · ~ r;ec[ges[ mr a rcong setback V .... ' ' , ppr red, · . ~ ..... anan~.e.,~f 10 fe~t be demed Alte ' rec°mm .eni~dmt~a fr0rit,~ , setb'acs:)~m,q.,,,~,~.;~e~ig:;'2'~m,~ ~ ,,. ~:~; _ . matlvely, staff .... -~ ~ ~-~a geer,.or a z/j 1:o footv · , · ,.. : , , otl~ontsetbackbea · ananc~W0~d,prevent possible n ..... at, ye ' ct _~. . pproved. This 5 . ~ .... : , :eg · ~ sonadacenr roe represent'thexmmmurav" an~ha~i~r~ }~..~b ~y: ,., ,.[J~ P P rtaes, and would better __, ,",, :an'~macwm malce p~sioie the}?easonable use of ~ -~ or sumcmre, e land, bmldmg No con~fions of approva1 are:recommended; however, any conditions required by the Board/nd Commission Will be placed in Exhibit,Y'E-. MR/bm \ C[-IhMAINKSHRDATA~Ptann'og\SHARED\WP~PROJECTS~Dont Tracey Vari ance~qTAFF REP setbacks Traccy.doc MAP EXHIBIT A ?98/ LOT ~ ~ITE CONDO ZO nd SAM REC ' H dR S (,I. 8i) )3-0-; '3. B LAND SURVEYORS 40~'~.~ G ~ AVE. (SOUTH FEDCRAL HIGHWAY) DE[iRA¥ gSA_CH, - FLORIDA 33485 SCALE ' 'LAND PL/~NNERS (~*~) ;~-GS- 1910 :VEY N 89'~5,.,q ~00' g EXHIBIT DESC[[PTION: ;ERTIFICATE: hereb~ CERTIFY thet fhe ~tt(3ch~d sketch of survey' of the (3Dove described ~roperty Is true ~nd correct to ~he best of my i~nowledcJe (3nd belle[~ os urveyed under my direction in ~p¢i[ I~, 2ooo. EXHIBIT D EXHIBIT D EXHIBIT "E" Conditions of& rov~ ProJect name: DON TRACY (Front Setback) File number: ZNcV 00-002 Reference: DEPARTMENTs PUBLtC WORKs Comments: NONE UTILITIEs NCLUDE REJECT Comments X X X x X be for 5 feet, or a 20 foot front setback. DEVELOPMENT BOARD CONDITIONS X COMMISSION CONDITIONS X PROJECT NAME: DON TRACY (Front Setback) APPLICANT'S AGENT: Don Tracy APPLICANT'S ADDRESS 31 Swallow Drive . DATE OF HEARING P'A~TIFICATION BEFORE CITY GoMMISSION:~ 'P(PE OF RELIEF SOUGI~T: Zoning Code Variance (Front Setback) LOCATION OF PROPERTY: 31 Swallow Drive Flodda adOpts the OR THIS MATTER came on to' be heard'bbfore the City CommisSion of the Beach staff and the public finds as follows: 1. Applicatien for,the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant " ' X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit C w~th notabon Include The Applicant's application for relief is hereby X _ GRANTED subject to the conditions referenced, in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. Ali further development on the property shall be made in accordance with the terms and conditions of this order; Other -- DATED: City Clerk Requested City Coramission Meeting Dates [] March21, 2000 [] April 4, 2000 [] April t8, 2000 [] May 2, 2000 NATURE OF AGENDA ITEM IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM 0.2 AGENDA ITEM REQUEST Date Final Form Must be Turned Requested City Commission into City Clerk's Office Meeting Dates March 8, 2000 (5:00 p.m.) [] May 16. 2000 March 22. 2000 (5:00 p.m.) [] June 6, 2000 April 5, 2000 (5:00 p.m.) [] June 20, 2000 April ]9, 2000 (5:00p~m.) [] July 5, 2000 [] Administrative [] [] Consent Agenda [] --I ~c~.~blic Hearing [] [] Bids [] [] Announcement [] Date Final Form M~tst be Turned in to City Clerk's OITme May 3, 2000 (5:00 p.m.~ May 17, 2000 (5:00 p.mo lune T,2000 (5:00 p.m.) Jun~ 21, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place the request below on the June 6, 2000 City Commission agenda under Consent, Ratification of the Planning end Development Board action. The Planning and Development Board with a unanimous vote, recommended approval (there are no additional conditions recommended fi.om staffnor Planning end Development Board). For further details pertaining to this request see attached Deparanent of Developmerit Memorandum No. 00-146. EXPLANATION: PROJECT NAME: AGENT/OWNER: LOCATION: DESCRIPTION: DON TRACY (Rear Setback) Don Tracy 31 Swallow Drive Request for relief.fi.om Chapter 2. Zoning; Section 5 (C)(2)(a), which requires a minimum rear setback of 25 feet, to allow a 10 foot fi'ont setback, or a 15 foot rear setback reduction (variance), to construct a single-family home. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature PI~nning ana Zoning~fff~ctor City Attorney / Finance / Human Resources Staff Report Planning and Development Board and citY ~o~ssion Meeting Date: , Mg~ 23~ 2000 File No: ZNC~ ¥-00-002 - Front yard setback from property line Location: Owner: Project: Variance Request: L6t' 8;~Subdivisio~ Las Palmas Landing Donald Tracey Building anew single-family house on an irregularly- shaped lot bounded on the east by Intracoastal Waterway Request for two (g) variances from the City of Boynton Beach Land Development ~eg, ulations, Chapter 2, Zoning, Section 5.C.2.a to allow a ten (I 0) foot reduction o~ the tw~nty-~ve (25) foot from yard setback required within the R-1-A single family zoning district, to allow a 15 foot front Setback~ and 2) to alloxv a fifteen (15} foot reduction from the minimum of twenty-five (25) foot rear yard setback req~red, ~thin ithe R-1-A single family zoning district, to allow a 10 foot rear setb~ick. i BACKGROUND The subject propev~y and nearby neighborhood is zoned R-l-A, single family residential (see Exhibit "A", Location Map).The irregularly- shaped, 0.44-acre (19,166 square foot) lot is vacant and conforming with the R-1-AA_ zoning district requirements. The lot's eastern side, its most narrow at 60 feet, is bounded by the intracoastal Waterway. The lots adjacent to the subject property are built out with single family homes. There is a private right-of-way easement, Lakeside Harbor Road, extending along the northern property border, with an automobile mm- around easement at the north west corner of the property. A 25-foot utility easement extends along the western property line. The property was re-platted in June of 1988; the plat shows setbacks of 25 feet from east and west property lines, and 1 O-foOt setbacks from north and south property lines (see Exhibit "B", Page 2 Donald Tracey File No, ZNCV 00-003 Plat). These setbacks are consistent with the required setbacks on lots 7 and 6 of the same subdivision, but which, are oriented to front on a different street (Presidential Drive). Staff surveyed the area and. it was o~s~rved that alt properties along Lakeside Harbor Road front the rightrgf-way,. ~th an average:fi:ont yar~ setback of 25 f~et. The lot to the south o£the subject property has b~en~developed wi~ a40 foot Side setback from the abutting property line; it is fronting Presidential Drive at its south-west comer. ANALYSIS The code states that the zoning code Varia, nca:can notbe approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land structure, or building involved and-which are not apj{licable:to other lands, ~trUctures or buildings in the same zoning district. b. That the special conditions and circumstances do. ,not result from the actions of the applicant. That granting the variance requested ~;il~ Tot confer on~ the applicant any special.privilege that is denied by this ordinance to other lands, buildingJ, or structures in the same zoning district. That literal interpretation of the provisiOns lof this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and Would work unnecessary and undue hardship on the applicant. e. That the variance granted is~ the minimum variance that will make possible the reasonable use of the land building, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinanceJ and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (Exhibit "D" contains the applicant's response to the above criteria.) The development of the subject property, with front orientation toward Lakeside Harbor Road is consistent, as noted,~ with orientation of all o~¢r properties ~0ng this road. Northern (or eastern) orientation would also work Weli for "opening'' the home to the~Intmcoastal Waterway. However, the irregular, narrow shape ofthe~lbt impedes such development if subject to the minimum 25 feet from- and rear setback requirements. In this case, the home would have to be re-designed and placed farther from the water, consequently limiting the water view/exposure Page 3 Donald Tracey File No ZNCV 00-003 'see ' ' ~ " ' ' ( Exinbrt C., Survey). If the subject tot d~d not-have Intracoastal Waterway frontage, the restriction woul.d not have be~n significa from ful!~ utiliz~g the tot's water~ront h ac0 v~tti6:bther' 10~s ir~ this: thc;tn-trico af~ Waterway: ~eastemTP rog on the ~eamining~Wateffront lbm0fthe!~, (extension of Las Palmas) and have the side setbacks. under the circumstances it prevents the applicant :~.fi.~n and thus c~ be considered a hardship, b~sed on ~...!~4~o~ove~' plagi~g-th~)b~d~ng farth~ a~ay ~um:' -: ~ne)' W0ulc~einc6n~stent With :bUfldin~r~I~i~nts: ,di34si0i~.:Th~e:Pr0/oerfies fronf r~s~a'~a~ :n~v~ / nforming 25 fo0~ front4and ~ear:g~back~!~,t'0 fo.5 In mm, the:[equested 15'foot rear Setback variance wouldy~ietd arear setback of ~10 feet, correspo~amg to:~ l~Om mde'~~ b~e, adSa~ gr~p~ t? the ~so~: ]~ ~0mfles for consistory: in placemegtof the mbdi~isi0n'g~wat~0~ prope~ies ~d would; have liffie In s~,~e f~l~o~ng factors S~O~d be ~nsid~ed: * ~ miqUelodafioff'~di~gfi - The need for consistency of~'O~b)~m~nt of ~e subj~t, prope~ placemen~oHenmfion on o~e~Ope~es ~ong L~e~de H~bor Road; ~d The proposed placement of the building,is consistent with the frontage of the remaining properties al6ng Lakesid~ HarbOr s reco s limitafiohs of devel0pmexiVdesign ~ltemafives 0ithe gdbje6t i~t.iEi]en'tt/6(i~h~d parcel's SiZe is relatively l~ge ~ompared to some other lots in the neighborh00d;:,its ir~e~ar ShaPe, inpafficular a narrow Waterfront border, constitutes a signifiqant design challeng:~ t9 maximizing the value Of the property's principal asset, its Intmeoastal W~ite/~/ay 16CAff0~:Therefoie, staffis in partial sUgp0rt,Ofthe Variance requests, It is recommended that the variance request to'allow a fifteen (15) 'foot re, duction fhom the twenty fiv~ (25.~ fOot minimum rear yaPd setback requiriment be crpproved2~ r~sulfing 10 foot rear setback would be consistent with the 10 foot side setbaCk of the property t0 the south and; together with the proposed 25 foot:side setback from the Intracoastat prt~per~] line, consistent with development patterns of other adjaeeflt parcels: aio~'g the Intracoastal Waterway. However, it is recommenddd that, ins~qad ofa ten (lO)foot reduction fr6~ the'twenty five (25) fool minimum~ ~?ard sktbackr~q~i/emknt, the &ppticant be'granted afire (5) foot reduction to allow a twenty (2'O) foot ~ont yard setback Page 4 Donald Tracey File No: ZNCV 00-003 The resulting 20 foot front setback: e Would allow ~he applicant the reagonable maximization of the waterfront value of the prOPerty, allowing for the ¢ofistmction ofahomeWith a4aIue proportiohate to the high value of the Intracoastal WaterwayTf~nting parcel; and · Woulc~n~e the detrimental effect Off the red~ced, setback on properties along the Lakesid~.:Hm:bor R0ad, and minimize p0gSib!e view obstruction to the water. i~crease base. .~ of ]:5 feet be approved, and, This 5 foot and would better or No con45tto ~ns of approval.are recommended; how~.eyer, any condmons reqnired by the Board and Commi~ionlv~ill b~ placed.in Exh~bk "E". \\ CtthMAIN~ HRDA,TAkPIafi hinge\ S HARED\W PkPROPECT S~D o n Trac~y Variance\STAFF REP setbacks Tracey.doc R 29~ LOT 2 CONDO ~SAM BR' R3 I 20 nd '2.00.00.00 .£o't£! BRUCE 'CARTER 81 A'S BIIIIlil LAND SURVEYORS IIIIIJIC 4o~'.s.~:' ~,h ,~VE. csou'm '~EDaRA~.' UmHWA'n DEL[~AY .BEACH, FLORIDA 334 8~ SKETCH OF, SURVEY FOR: Don Trac~. . SCALE: t"-- ~o' l"[ 5,~l..,~ce ~..'~. U-~5~. ~'6o~-'~,I.~y~'~,.~'' 'LAND 'pL.~NNERS EXHIBIT C Los 8, LAS PALMAB LANDING, accordigg co ~he PLaC Ehereof on file in the Office of the Clerk of the Circuit Court i~ a~d for Palm Beach County, Florida, recorded Pla~ Book 60~ Pages 2 and 13. Said lands ~icuate, lyfn~ and bein~ in Palm Beach CERTIFICATE= I hereby CERTIFY thor the utteched sketch of survey of the obove described property is true and correct ~o the best: of my knowledge end belief es surveyed under my direction in Aorit r2, 2000. EXHIBIT D !-21-1995 1 EXHIBITD EXHIBIT "E" Conditions of Approval Project name: DON TRACY (Rear Setback) File number. Z3qCV 00-003 Reference: Application submitted April 17, 00 IN UDE DEPARTMENTS CL RE CT PUBLIC WORKS Comments: NONE X UTILITIES : ~Cqmments~ ,.,~ONE , : 4 X comments: ~ONE X POLICE C~ents~ !NONE X E~GiNEERI~G DIVISION , · ~ Gg~ents: NONE X BUILDING DIVISION Cqmments: ~ONE X P~S a~-~, RECREAnON Comments: ;~ONE X FORES~NVIRONMENTALI S T · C6mnients: ~OlqE I X C0m n : x A~D ,m0~, e,[A~rm~O AND ~w~ovm~rr ~OAVa) coNDITiONS 1. NONE. ADDI;~ONAL CITY COMMISSION CONDITIONS 2. TO be d6termined. DEVELOPMEf N OF THE PROJECT NAME: DON TRACY (Rear Setback) APPLICANT'S AGENT: Don Tracy APPLICANT'S ADDRESS: 31 Swallow Ddve TYPE OF RELIEF SOUGHT: Zoning Code Vadance (Read Setba6k) LOCATION OF. PROPERTY: 31 Swallow Drive - X THIS. MA'] ~ippearing oa the cor{Sei ~ndings andtrecornmend OR " -- I THIS MAT Beach, F or da on the dab [~hef sought~by the apphc s~taff and the pub lc finds ~ 1. FER came on to be heard before the City Commission of the City Of Boynt0n! of hearing stated above. The City Commission having considered'the ant and heard testimony from'th~ appliCant, members of City aSmir{i{t~ative is follows: hcabotfor h r i h was mad b theA h n m r App' ' r~f, t e elefsou,g_ t e y pp'ca t' amanne cons'stentwith the requ re):nents of the Cty s Land Development Regulations. The Applicant X ~ HAS ~ HAS. NOT establishe~ by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staffs, orr suggestedtby the public and supported by.substantial competent evidence are ;,s set forth on Ex~hibit "C" with notatiOn'"lncluded. j The Applicint's application for relief is hereby · X GRANTED subject to the cond tons referenced n paragraph 3 hereof. ~ DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further ( evelopment on the property shall be made in accordance with the terms and condit ~ns of this order. Other DATED: City Clerk Requested Cig, Conmaission Meeting D~ites [] March21,2000 [] April 4, 2000 [] 2000 [] May 2, 2000 NATURE OF AGENDA ITEM IV-CONSENT AGENDA ITEM D.3 CITY OF BOYN ON BEACH AGENDA ITEM QuEsT FORM Date Final Form Must be Tumee in to City Clerk's Office March 8, 2000 (5:00 p.m.) March22, 2000 (5:00 p.m.) April 5. 2000 (5:00 p~m.) April 19, 2000 (5:00 p.m~) [] Administrative [] [] Publg Hearing [] Bids ~:~ [~1 Aunoimcement Requested CiV/C~mmission Meeting Dates [] May 16,2000 [] June 6, 2000 [] June 20, 2000 [] July S, 2000 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.~ Stme 7, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) [] Development Plans [] New Business [] Legal: [] Unfinished Business [] Presentation RECOMMENDATION: Please place the request below on the June 6, 2000 City Commission agenda under Consent, Ratification of the Planning and Development Board actiom The Planni~g and Development Board with a unanimous vote, reepmmended approval (there are ne conditio!~Wecommended by staff r/or the Planding and Development Board) For further details pertaining to this request ~ee&tt~ ~c~hed Department of Dev~!opmant Memorandum No. 00-13 8, EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: STOR-ALL TIME, EXTENSION (Limited-access self storage facility) Lindsey A. Walter, Kiiflay and Associates Inc Chartie Aademon . Southeast corder of Oki Boynton Road and Knuth Road Request for an eight~anonth extension 0fthe conditional use and concurrency approval granted on May 4, 1999 which}~uld eXtend the expiration-date of th/s conditional use approval from May 4 2000 to January 4, 20(~i.- pROGRAt~I IMPACT: N/A FISCAL IMI~ACT: N/A ALTERNATIVES: N/A Departm~h~ of Development Director City Manager's Signature Planning and ZCnrm~Director City Attorney / Finance Human Resources DEVELOPMENT' DEPARTMENT SERVICES PLANNING AND ZONING DIVISION MEMORANDUM NO. 00-t38 TO: FROM Chairman and Members Planning and Development Board M~chael W. Rumpf : Planning and Zoning Director DATE: :May 17, 2000 SU BJ ECT:~; --, ~- Con'dit~enal Use Time ,F_~,~ ension .(CUTE 00-001,)~ Mr, Lindse~ owner, is Mai would extend Location Mapl- NATUREOF,REQUEST:': ~f this of Stor-AII Ltd,, property odginally'granf~l on ipproved, the request 4, 2001 {see Exhibit "A" - On foot comments (see; Exhibit requested an eight-rn~,n;[~ finali July of 2000, and prepare Regarding expiration ol Development Regulations (LDRs) improved, consideration shall be involved as evidenced by his diligence construction of the project ANALYSIS Stor~AIl; an 86,400 square )j~bt' to Staff / & Associates, Inc, extension was needed.to ~..b. (2) of the Land substantially physically physically develop the land ; and complete As stated in the LDRs "In determining good faith, some of the factors to be considered are: the extent to which constrUction has commenced when construction has occurred and' the extent to which there has been a bona fide c the control 3ecause of circumstances beyond intent is to oppose =ion has coral spoke directly with; of this project includi~ t applicant and approval by the City loan for the project; andthe ~ from Bank of Amedca secudng a Management as the contractor for Memorandum No. O0-138 Stor-AII CUTE 00-001 Page 2 the project. The p~perty owner is in the final stages of completing the construction plans and a development schedule is in place at this time with the applicant anticipating submitting for building permits in June 2000. Staff was told that the projec~ delays are due to the untimely process of should be sufficient to allow for of the construction schedule. With respect to specifics of the approval, neither the j~rbperty nor the general area are the subject of specific recommendations generate~ f~0m the~i~i~n 29~20 Planning Study, ~or to be generated from the Comprehensive Plan EAR-based. amendments ~Which would negatively affect the subjeci approval. Therefore, ~here are no existing cl~nges, ~0r anticipated changes to circumstances on which the 1999 conditional use approval was based. RECOMMENDATION extension for the current comp lance w~h current dove opment r that there remains a demand for th~ devel{ project financing, Therefore, staf approved, which would extend project '200~, Plan [ity; and All conditions on which the request for time ;onditions in an acceptable condition. The same extension approvals. required to DDC:dim Xc: Central File ~ S;',~ LANNING',$HAREDt. WP~PROJ ECT~STOR ALL\CO USE .;~,.7200Q~.TiME EXTENSION STAFF .DOC 1/8 · 400. '800 MILE EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: STOR-ALL IIME EXTENSION (Limited-access self storage facility) File number:' CB'IE 00-001 . DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: STOR-ALL TIME EXTENSION ILimited-Access self storage facility) APPLICANT'S AGENT~" Lindsey A. Waiter, Kilday and Associates, Inc. APPLICANT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 6, 2000 TYPE OF RELIEF SOUGHT: Time Extension LOCATION OF PROPERTY: Southeast comer of Old Boynton Road and Knuth Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach. Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested, The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included~. The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City C erk All further development on the property shall be made in accordance with the terms and conditions of this order. 7, Other DATED: City Clerk Requested City Coramission Meeting Dates [] March 21, 2000 [] April 4, 2000 [] April 18, 2000 [] May 2, 2000 NATURE OF AGENDA ITEM IV - CONSENT AGENDA ITEM D,4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR ,. Da~e Final Form Must be Turned in to City Clerk!s Office March 8. 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) April 5, 2000 [5:00 p.m.) April 19, 2000 (5:00 p.m.) [] Administrative [] ConsemAgenda [] Public Hearing [] Bids Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office [] May 16, 2000 May3,2OOO(5:OOp.m.) [] June 6, 2000 May I7, 2000 ~5:00 p.m.) [] June20, 2000 June 7, 2000 (5:00 p.m0 [~] July 5. 2000 lune 21, 2000 (5:00 p.m.) [] Development Plans [] New Business [] Legal [] Unrra/shed Business [] Presentation RECOMMENDATION: PIease place the request below on the June 6, 2000 City commission agenda under Consent, Ratifican°n of the iPlanning and Devel0pment :Board action. The Planning and Devalopment Board with a unanhnous vote, ~co ,mmended approval subject to staff comments. ,For further details pertaining to this request/see attached Department of taevetopment Memorandum No. 00-135. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: ORIANA GRANITE Robert Sullivan, Quincy Johnson Architects Oriana Granite Lot 50-A QUantum Park Request for'use approval to add stone cutting and finishing to the Quantum Park PID list of permitted U~es for all parcel~ with an industrial master plan designation. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ ~ignamre Planning and Zogifi~ Director City Attorney / Finance / Human Resources DEVELOPMENT DEPARTMENT MEMoRANDbM NO. PZ 00-135 TO: FROM: Chairman and Members I~OSi~'.Galav, AICP Se~ oF Panner DATE: May 17; 2000 SUBJECT: r:CAza~ur~=RarkPID- Fi!e N0~'USAP 00~-002 ~ ' ~ Use A'pp~°val (Decorative ~e~e cuttiD~ and finishing including distribution and ' ~mSb~lng on lots des~nate~ndus~ ) O~i~a Granite Lot 50-A .:. ..? . . NATURE OFREQUES~ Robert Sullivan of Q~?~y Johnson Architects, agent for Oriana Granite; is requesting use approval for Stone Cutting and Fi~i~l~i~g, i~,Cluding Dist~'ibufion and ware~qusi~g, within the Quantum Park Planned Industria Developmen~'~(S~e':'Attaohed Location Map -EAl~ibit':'"A"). The company would be cutting, fin sh ng, warehousing and distdbut ng decorative stone~ Chapter 2 - Zoning Section 7(El of the Boynton Beach Land D,evelop~nti E~ecjulafions requires that .a.~ty~,peW~ usg ip~opqs~ed within a Pl.a. nngd Industrial Development (PID) d!~[iC~ ~ ~b~e,I ~pp½0~feA b~; the Pignhing. aD~ D~velepme~t ~Board (and Ci~/commission). To date, vario~.us, es/~l~aVe b~er~;~rq~ed~for i~hiS :P'it~,'.ir~iuding .r~anufaCtufing, storage, and wholesale of various products. BACKGROUND Unlike other conventional zoning districts, the zoning ci3~le does not set forth-specific uses permitted in a PID. Pursuant to Chapter 2 - Zoning, Section 7.E. in a PID, a building and its customary, ancillary structures and land uses may be erected, altered and. qccu~ied fo~: 'any office, professional, business (who esale and reta ), e~iucationaJ insfitut on; ~du t ~t~rt~ain~en~ (consisten[ With Section 11.M. of the zoning code) or industrial U~es p~'0vided {hat such !u's~ ~3r 'd{es is/are aPProved by the Planning and Deve opment Board. To approve such a use, the Planning and Development Board must make findings that the proposed use will not be n confl ct wth the performance standards liSted in SeCtion 4.N. of the zoning regulations, and that the use proposed is consistent with the :intent and purposes of the Planned Industrial Development District. ANALYSIS The purpose of the City's performance standards is to ensure that uses will not bea nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or ~'ight-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust~ or other particulate matter; tox c or noxious matter; odor glare, heat or humidity; radiation~ electromagnetic interference fire or explosive hazard, liquid waste discharge~ or solid waste accumulation. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 2, Section 4. N of the Land Development Regulations to evaluate the impact and appropriateness of this use within the PID district. According to the subject application, these performance standards are evaluated as follows: Page 2 Memorandum No. PZ 00-135 Odana Granite, USAP 00-002 1) Noise: No sound will be created which in violation of Section 15-8 of the City,of Boynto~ Beach Code of Ordinances. 2) Vibrations: No ground vibrations will be generated by the proposed use. 3) Smoke, .Dust Dirt or Other Particulate Matter: is kept internally within the wet saw. The proposed use will not allow the emission of any substances i~ violation of any federal, state, county or city laws or permits governing the emission df such substances. 4) Odors and Fumes: No objectionable or offensive odors"will be readily perceptible at any point beyond the,industrial district 5) Toxic or Noxious Matter: The proposed use will not a ow any tox c or noxious matter to be discharged in such concentrations as to cause damag~ to property qr vegetation disC°rr~ort or harm tO persons or animals, or prevent ,the reasonable, use and-enjoyment of pr0per[yor-rights~-of:Way;a~'b~' beyond the property line otto ~ontaminate any pub c waters or any groundwater. 6) Fire and Explosion The proposed use will not create a fire o~' explosion hazard; 7) Heat .~u~idity or G are: The proposed use will not produce heat, humidity or g are which is readJly'pe~'~_,eptible past the property boundary The]t~hting w conform to the City of Boyntb~ E~ea~;h s'standards, i 8) Liquid,waste: Any disposition of I quid waste w be n conformance with the prov sions of Chapt~~- 26 df th~ City df BoyntOn Beach Code of Oi~d nances"or any app cab e federa, stat~ d~ c&~n~y laws Or permits. ~ 9) Solid V~/aste:~'Any accumulation or .disposal of solid waste w be in conformance with Chapte~'l~ b~the Ciiy of Boynton Beacl~ Code df Ordinances` and will not be transferred to adJa~:e~r~t' ~ nearby' p~:operty or rights-of-way. 10) ElectroFnag~etic nterference: No electromagnetic radiat on or interference will be created by this use~ 11) Hazardo~us:Materiats and Hazardous Waste No hazardous mateda S or hazardous waste will b8 C'i:ea:ted, stored or handled with this proposed use. RECOMMENDATION Based on the above analysis of the p_r~posed use, staff recommends that the list o~f permitted uses with n the Quantum Park PID be amended tO i~clude Stone Cutting and Finishing and Re ~ted Support Services, including Distribution and Warehousin~ On lots designa~ted "lndustriaF, subject to Environmental Review and approval (.Exhibit "B" - Conditions of Approva) Attachments EXHIBIT A EXI-IIBIT "B" Conditions of Approva! Project name: Quantum Park PID (Oriana Granite) File number: USAP 00-002 Reference: iNCLUDE I' REJECT DEPARTMENTS i PUBLIC WORKS Comments: NONE X UTII2TIES X Comments: NONE FIRE Comments: NONE X POLICE X Comments: NONE , ENGINEERING DIVISION X Comments: NONE BUll,DING DIVISION X Comments: NONE PARKS AND RECREATION X Comments: NONE FORESTER/ENVIRONMENTALIST X Comments: NONE PLANNING AND ZONING Comments: 1. Request Environmental Review permit process be completed. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS X 2. NONE ADDITIONAL CITY COMMISSION CONDITIONS Page 2 Auto Zone File No.: NWSP 98~0P7 DEPARTIvlENTS LG/bw, .... d \S H RDATA~P L,~NNING\S HARED\WP~,PRO J ECTS\ORIANA GRANITE USAP\EXHIBIT. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park PID (Oriana Granite) APPLICANT'S AGENT: Robert Sullivan C/O Quincy Johnson Architects APPLICANT'S ADDRESS: 6555 Garden Road Bay 16 Riviera Beach, Flodda 33404 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 6, 2000 TYPE OF RELIEF SOUGHT: Use Approval LOCATION OF PROPERTY: Quantum Park PID - Lot 50 -A DRAWING (S): N/A X THIS MA'I-FER came before the City Commission of the City of Boynton Beach, Florida appeanng on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of heanng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant n a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the proper~y shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk Requested Ciw Commission Meeting Dates [] March 21, 2000 [] ^p~ 4. 2000 [] April 18, 2000 [] May 2, 2000 NATURE OF AGENDA ITEM IV - CONSENT AGENDA ITEM D.5 CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission in to City Clerk's Office Meeting Dates MarchS, 2000 (5:00p.m.) [] May 16,2000 March 22, 2000 [5:00 p.m.)- [] June 6, 2000 April 5. 2000 (5:00 p.m.) [] June 20, 2000 Aprillg, 2000 (5:00p.m.) [] JulyS, 2000 [] Administrative [] [] Congent Agenda [] [] Public Hearing [] Bids [] Announcement Date Final Form Must be Turned in to Cl. Clerk's Offi~ May 3, 2000 [5:00 p.m. ~ May 17, 2000 f5:00 p.m.) June Z 2000 (5:00 p.m.) Sune21, 2000 ($:00 p.m.) Development Plans New Business Legal Unfmishec[ Business Presentation RECOMMENDATION: Please place the request below on the June 6, 2000 City Commission agenda under Consent, Ratificati°n °f the planning and Developmerit B~ard action. The Ptanning and Developmant Board with a unanlm ous vote, recommended approval subject to staffcommems. Please note that the agent for the applicant agreed to the additional condition/recomanendation requh'ing the increase in m/nimum parking space width fi.om 9 feet to 10 feet. For further details pertaining to this request see attached Department of Development Memorandum No. 00-135. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCPd[PTION: ORIANA GRANITE Robert Sullivan, Quincy Johnson Architects Oriana Granite Lot 50-A Quantum Park Request for new site plan approval to construct a 24,010 square foot industrial/office facility on 1.42 acres~ PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Depar t~ l(ff~(e~ t~t or Ci~'Manager's Signature Plhnning and Zonin,~ff~ctor City Attorney / Finance / Human Resources P[~J~,NNIN(~ COMMISSION May 15, 2000 D ESC RI~ONpOF~PROJECT - Project Name/No.: Oriana Granite (Lot 50-A)/NWSP 00-004 Property Owner; Odana Granite Applicant/Agent: · · ~n~ana ~,Gran to/Robert SUl v~n, Quincy Johnson Afchiteqts Locatzon: ~[~,5~ - Quantum ~l~St~ ~i Par~ Land Use/Zoning: Jndustrlal/Planned lndustna Development (PID) Type of Use: ndu~t~ (decorative stone cuttingandfinish rig) Project size: site~ea: ~ - 1~.415 acres (61,633 square'~eet) Bu~ir~j, Area: G~eund Floor Office/ShowrOOm · ~il. ~; · ', G~und floor Stone cutting/Finishing Ground Floor Crane/Covered Storage TOTAL GROUN ~, AREA Adjacent Uses: 5,555 square feet 9,592 square feet 5,963 square feet 21,110 square feet 2,900 square feet 24~010 square feet South FP&L substation; East Quantum Park Lot 51-A developed as a parking lot for JOA Industries and Lot 51-D undeveloped, both zoned PID; and West Quantum Lot 50-B undeveloped, zoned PID; Site Characteristics:The subject vacant parcel within the Quantum Park PID is heavily vegetated with vanous trees and undergrowth characteristic of disturbed scrub habitat. Staff has required that the ten (10) desirable trees on site be replaced or relocated. Proposal: The deve oper proposes to construct a 24,010 square foot industrial/office facility on a 1.415 acre lot for a business which cuts and finishes decorative stone. (see Exhibit ~B" - Proposed Site Plan). Concurrency: a. Traffic- Drainage- A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. Prior to final approval, staff must receive confirmation from Palm Beach County's Traffic Division regarding standards compliance. '-' Conceptual drainage information was provided for the City's review. The City'~ concurrency ordinance requires drainage certification at time of site plan approval. Page 2 Oriana Granite ILot 50-A)- Site Ptan Review Staff Repor~ Memorandum No. PZ 00-134 The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of perm t rewew, when morecomplete engineering documents are required. Driveways: There are two (2), 20,fool wide driveways propoSed for th s project one at ether end o,,f the site along Park Ridge Bou evard. The northeast dd~eway open ng w I be restricted to right tums only". The Quantum pare Master Plai~ indicates only one driveway opening for this parcel located at the northwest corner of the site which lines up with the existing reed an opening on Park Ridge B0U eVard. The Boytlton Be~ich Code allows a maximum ~f two (2) ddveway openings per parce but they must have a minimum distance of 150 feet dimensioned from cenferl~ne to center ne The proposed driveways ha~/e a dimension of 144 feet from centerli~e ~o centerline The applicant will require a variance to obtain approval for the placement of ~he proposed ddveway openings. Parking Facility: The parking spaces required for th Sent re project, 25 spaces, have been tabulated based on ~e ratio of one and'one;h~!f (1~5) spaces per two (2) employees per shift and one (1) space get 800 Square feet of WholeSale showroom; The project Proposes to include a total of 31 spaces ncluding'two (2) hand cap access b e sp,,aces., All spaces, except handicap spaces, will'l~e dimensioned nine fe~t b,y, ,s!xteen feet (9 x 16 ) with a two (2) foot overhang u~sing WheestOps or continuobS TYPe D curbing~ A oading zone and two (2) loading spa~es are p.,m_vided at the rear of ~he bui dng to the south. -I;he parking area design w mebt ~e C[~y!s Land Deve opment. Regulations Cl~apter 2 - Zon ng fo~' warehouse/p D uses= The A~)A requiremehts ~ortb s use w be satsfied once all condtlons regarding accessible Pathdes gnation'a'r'e met. Landscaping: The landscaping ~f. the site will fully meet code requirements when staff comments are incorporated: special attentioR Wa~ given to re ocafion and rep acement of the ten (10) desirabl~ Live, 0a~ and other tree ~peces current y ex st ng on the s te and compliance with the 25 ~0ot: landscape strip requirement for Quantum Park along Park Ridge Boulevard. Building and Site: Building and site regular ons will be fully met when staff comments are incorporated into the permit drawings. Community Design: The proposed rectangular-shaped building is to be constructed from textured panels and decorative granite with a standing seam metal roof. The front fa(;ade is extensively embellished with black, white and olive granite stone with large window areas of blue tempered gtass. The entranceway is recessed and accented with white granite columns and a decorative-aluminum canopy. The remaining building elevations are equally decorative: The loading area is located in the rear of the building anC overhead doors will not be seen from Park Ridge Boulevard. The east elevation will be mostly open to the air providing a large covered storage area for the decorative stone product. The required landscape buff~['s are provided fl~'oughout. Signage: The project is proposing to have one (1) wall sign on the front facade depicting the Odana Granite logo using rose tinted inlaid granite stone. The dimensions for this s~gn were not provided on the drawings. The Quantum Master Sign Program does not contain regulations for wall signs only for freestanding signs. This wall sign must meet the City's sign requirements per Chapter 21. Section 7. No freestanding sign is proposed for this site. (see Exhibit "C" Conditions of Approval) Page 3 Oriana Granite (Lot 50-A)- Site Plan Review Staff Repor~ Memorandum No. PZ 00-134 XC: Cent[a.l Fils the comments included in Exhibit "C" - deficiencies identified' in MaP ORIANA GRANITE EXHIBIT ELEVATION6 .~-2.1 I:~'HIRIT R PJ.D. P.I,D. P,LD. ~ DATA - .q. UINCY [ IO~NSON P,I,D. LOI]I$,,tL'I~S G~ VLAHOS ' [AN DS C'AI)E/~C "iTECTT L-tO E~IBIT B EXHIBIT B E BIT "'C" COn tiOns of ApprOvaI- Project name: Oriana Granite Filenumber: NWSP 00-004 .: ~ 'Reference: 2nd revie~v pl~ consist Of~ I2~heet~ identified as New site plan: :File # NWSP 00-004- with, a May 9,-2000:Ptanningand Z onin~Depattme~c datei stflmp~arkifigl ,, DEPARTMENTS INCLUDE REJECT Commer~s: NONE , : rmrrius t.~ ~ ~m.~.0~e and;reloea~ the 0ne~(1 ) lice which ts currently' shown !m the east , .: 2, }Se~. 2~;}~(~)of the C~ty :Cod~ reqmres that a capacity re~servagon fee be ;, ~1~ fo[ tiffs ·project either uP9~ my reques~t for signature 9athe Health Dept~[ ~ fi~n f0rms.br within 3~days of site plan approval/whichever occurs ' ibis fee withe $1;205:;82 based upon a ES-inch meter. 3~ ;~ p[a~ policy~Oc.~3~.4) r~uires the conservation of potable water. City; i, ~er fua~ not, therefore; be ~ed for xrng0y~on Where other sources are . X ~. ~s .(~ ~e W~lll n~equ~ s~ty for mstallatlqn of the water and sewer :' ~1~ ~ c6ndih~6n ttifit~h&~ystems be fully Completed, and given to the - ~4t~ i/efore the first~permane~ meter is set. Note that'setting of a permanent ~er meter ~s a prexeqmstte to obtammg thecertlficate of occupancy 5. ~R Ch4p. 6, ArtiCle IV, Sec2 16 requires that all poims on each building be ~in 261} feet 0F~ existing or proposed fire hydrant. Please demonstrate th~ the~61en meet~.~is sondifion by sh°Wi/ag all hyckants. FI . · Comments: NONE POL~E~ C6~ems~.NONE Page 2 Oriana Granite NWSP 00-004 DEPARTMENTS INCLUDE REJECT Coi~tuents: .... I 6. Place a "one-way" sign out in the median located adjacent to the southbound - drive aisle on the west side of the building. BUILDING DMSION, Comments: ' ' 7. At time of permit r~v!ew, indicate.tmdhbel on the building floor plan.~he- ~ handicap accessible entrance door. ' · 8. At time of permit review, :indicate on the building floor plan the~£mish floor elevation; : : X 9. At tim~ o,fpermit review, indicate and dimensio~ all property lines on drawing tiffed Site Plan. 10. Compliance 5vith the Building Codes will be evaluated at time of permit review~ The permit fee, water and sewer facility fees, Fire and Life Safety 6tmty 1 be determined fees, C fees and State fees wil ~tt time ofpermit review. PARKS AND RECREATION X Comments: None FORESTER/ENVIRONMENTALIST X Comments: NONE · PLANNING AND ZON1NG , · Comments: ? 11. This project must have approval from the Quantum Architectural review !, Committee. Submit letter prior to Planning & DevelOPment Board meeting X 12. Label traffic control markings and signage for the vehicular use areas on the site plan. (Ch. 4, Sec. 7. B. 2.) 13. The driveway spacing dimension (center line to center line) shown on the site plan is 144 feet. A minimum of 150 feet is required. In addition, the Quantum Park Master Plan provides for only one (1) driveway opening for this parcel. A variance is required. (Ch. 2, Sec. 7, H. 3.) Page 3 Oriana Granite qWSP 00-004 DEPARTMENTS INCLUDE R.EJECT t4. Clearly delifi6ate the ~cc~nt shrubs:al0ng the screen wall enclOsure four the dUmps~r. (Ch. 7.5, A~:E, S~C~ 5: J.)~ ix :::,', ~:. ~ 'i: ii. :- · 15. Clead3~ici;~fi~f ~e idca~on of the buffer hedge along Park Ridge · Bou[e~d 'it should be located al0n~ the inte~ p~eter ~h~ buffe~r 16 Pro~d~, dimet~smn fol- ~e~wall .slgn s .~., ~w/a~ ~g;m ~e!~v~t??~.~?' s,he~ A.2 1. ".iSig~ge must ce)g~? ~tl!e~:~r $tg~ 1'7 glm[~tin~ ~ Toga[ Floot~a~ ~ei~afiedparking caloulations~n Landscape , plm s~ L~lg ~._,f[~ ~t~h,the~ $/t~!~lan sheet; 3[- 1.0. Picas* revise. , 18. Project,knnst recmve gn En~romeiigReYtew, Penm'~ purstmnt to[ChaPter 2~ : Applic~at mus~ recei~confnrmafiont~from palm Beach C0unty ~raffic! t9. n~i ~ reoaidina st~atards'eOhiiSt~~'e The cu~ulaiiv~ trip g~neration ' ~ ~e property lin 20 Provid~ driveway width dimension, s ~ e. , ~, :~ X 21 The re uired t~edge l~cated along th~ ,e~t pr0pe~ ~ne must be maintained at a height of Sm (6)feet one year aft~ planting to provide an adequate buffer for the 9pen pqrt~on of the b~il~ storage area. . :1 ADDITIONAL P!~ANN~ G AND DE~OPNIENT B0~ com)mo s ' i~th ~rom 9 feet to !0 · 22. Requi~gtheincreaS~einmir!imu~m~ p~k!ng~pacew feet. ~, ........... '~' ..... " S ADDmOSAL COMMiSSiON C ,ONDmO 23 To be determined , ' ' ~ MWRiblw DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Oriana Granite APPLICANT'S AG~N~ Robert Sullivan C/O Quincy Johnson Amhitects APPLICANT'S ADDRESS: 949 Clint Moore Road, Boca Raton, Florida 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 6, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Lot-50 Quantum Park DRAWING(S): SEE EXHIBit "B" ATTACHED HERETO. X THIS MATTER came beforethe City Commission of the City of Boynton Beach, Florida appeanng on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MA'II'ER came on to be heard before the City Commission of the City of Boynton Beach. Florida on the date of headng stated above. The City Commission hawng considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions I~or development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notat on "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk Requested City Commission Meeting Dates [] Match 21, 2000 [] April 4. 2000 [] AD,ti ~8. 2000 [] May 2, 2000 NATURE OF AGENDA ITEM IV-CONSENT AGENDA ITEM D.6 CITY OF ~BOYNTON BEACH AGENDA ITEM REQUEST FORtvl Match 8. 2000 (5:00 p.m.) Match 22, 2000 (5:00 p.m.) April 5. 2000 [5:00 p.nm) April 19, 2000 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids Requested City Commission Meeting Dates [] May 16, 2000 [] June 6. 2000 [] June 20, 2000 [] July 5, 2000 Dat~ Final Form Must be Turned in to Cit~ 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.m0 Development Plans New Business Legal Unfmished Business Presentation RECOMMENDATION: Please place the request below on the June 6, 2000 City Commission agenda under Consent, Ratification ofthe Planning and Development Board action. The Planning and Development Board with a unanimous vote, recommended approval subject to staff comments. For further details pertaining to this request see attached Department of Development Memorandum No. 00-137. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: COM3{ERCE ROAD REALTY CO., LLC Del swilley, Del Swilley Inc. James K. Clark/Timothy W. Swilley High Ridge Commerce Park Request for new site plan approval to cunsm~ct a 20,380 square foot industrial/office/warehouse facility on 1.26 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~j Depa~l~ft b f D ~v~lopmen"fit~Director Manager's Signature planning and Zonin~'~r~ctor City Attorney / Finance / Human Resources MEMORANDUM NO. PZ .00-137 SITE PLAN REVIEW STAFF REPORT - ~ · FOR , . PkANNING AND DEVELOPMENT BOARD ~CITY COMMISSION May 11;2000 DESCRIPTION OF PROJECT project Applicant/Agent: Location: File No.: Land Use Plan Designation: Zoning Designation Proposed use: Number of Rental Bays: Square Footage: Surrounding land uses and zoning district: C~rra'a~r~ Road. Ke'alty - James K. Clark/T~m0tl(y W. Svalley .Del SyvilI~ey, Inc. Commerce Road, east of High Ridge Road (High Ridge Commerce Park PID, LOt 18) NWSP 00-002 Industrial (I) Planned Industrial Development (PID) Industrial/Office/Warehouse Six(6) Site Area: 55,080 square feet (1.266 acres) Building Area: Warehouse/storage- 17,822square feet Office - 4,494 square feet Total 22,316 square feet (see Exhibit "A" - Location Map) North - Commerce Road, farther north Boynton Pump and Irrigation Co., zoned PID; South - Waste Management Inc., zoned MI; Page 2 Memorandum #00-137 East - Undeveloped Lot 17 of the High Ridge Commerce Park PID; West - Approved project, Majestic Greeting Card, on Lots 19 and 20 zoned PID,farther west High Ridge Road R;O-W Existing Site Characteristics: Proposed Development: The subject property is a vacant, 1.266 acre lot, overgrown with a variety of trees, mostly nuisance species of Australian Pine and Accacia, as well as a variety of weeds, grasses and shrubs. Florida Power andLight utility easements extend through the:northern and southern property lines. The south side of the property is borderedby the abandoned Miner Road, now a 25-foot buffer, enacted through resolution R97-68. The developer is proposing construction of a 22,316 square foot i~dustriak/office build~?g wi~ six (6) rental bays and related parking. The building?S five bays w~li be limited to a one story-level; the sixth, a comer bay at.the south side of the building, will have a second story storage space (see Exhibit "B" - Proposed Site Plan). Depending on.the proposed uses, Environmental Revie~ as~well as Use Approval may be required for each occupant. Concurrency: a. Traffic- A traffic study fbr the project was provided as part of this submittal. However, thelsmdy assumes the total square footage 0fthe project to be 20,380 sq~uare feet, ~z/ithout accountkng for the 1;936 sqgvare feet second story storage spoce) There.fore, thesmdy must be amended and re-submitted; prior to fmal approval, staffmust receive confirmation from Palm Beach County's Traffic Division regarding standards compliance. b. Drainage -Conceptual ckainage information was provided for the City's review. The City's concurrency ordinance requires ckalnage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred to time of permit review, when more complete engineering documents are required. Driveways: Proposed on-site traffic circulation consists of one (1) two-way, 25-foot wide entry drive aisle with access to Commeme Road. The proposed vehicular use area wilt provide parking areas containing the required 9-foot by lB-foot spaces (all at a 90 degree angle) and one (1) loading space. Parking Facility: There are 37 parking spaces proposed, including two (2) designated as handicapped accessible. Required parking is calculated to be 37 spaces. The applicant has used warehouse use-based calculations for two largest rental bays, and alternative calculations - based on the minimum of the two (2) spaces per rental bay requirement - for the remaining four bays. Regulations Page 3 Memorandum i~O0-137 for the Plarmed Industrial Development zoning district determine that parking space requirements are based on number of employees on a maximum shift and proj~c~ted~number o~iSirors, ~H0~ver~'~',m,~e emp~o;yee information is not av~l~bl~; staff ~ ~,~ Ows.ffr~ ealculat~n ~f ~king sp~ces based 6n square footage and use. Landscaping: The landsca comments .; ~compliance g of the site will fully meet code, requirements when staff aCorporated: Speci~ attention Shall be,given to strict ~:the~r~l~l~,,~c~[,,,em~r~r,the 2~ foot pe~eter Building and Site Regulations: Community Design Plan: Signage: RECOMMENDATION: Consistency match those and PGD When site signage Division will be The Planning and Zoning Division recommends approval' ofthis site plan reqnest, subject to the comments included m Exhibit C - ~Conditions of ApproVal. The Technical Rewew Committee (TRC) recommends thai, the deficiendes identified in this e~bit be correetec~ on the set of plans submitted for building permit. ~ - xc: Central File ISSHRDATA~Planning\SHARED\WPkPROIECTS\Commeree Road Rcalty~Citc plan staffmport CRR~alty. doc, . EXHIBIT A LOCATION MAP SECTION 16. TOWNSHIP 45 SOUTH, RANGE 4.3 EAST HYPOLUXO ROAD 71st STREET FINN HILL DE. SITE TOMATOE RD. CEDAR RIDe_,[ COMM[RCE RD NDUSTRIALIWAY COMMERCE WAY GATEWAY BLVD. EXHIBIT E ~(HIBiT E EXHIBIT B EXI-IIBIT "C" Conditions o£Approval Project name: Commerce Road Realty File number: NWSP 00-002 Reference 2nd review plans consists of 12 sheets identified as New Site Plan. File # NWSP 00-002 with a May 9, 2000 Planning and Zoning Department date stamp marking. DEPARTMENTS . INCLUDE REJECT PUBLIC WORKS Comments: ! Relogat? ~dmnpster. Current location does not allow sanitation track to exit UTILITIES Comments: X 2. Ali utilities easements shall be shown on the rectified landscaping drawings so that we may determine which trees may interfere, with utilities In general, palm trees will be the only tree species allowed within utility easemehts. Canopy trees may be planted outside of the easement so that roots arid branches will not impact those utilities within the easement in the for~esee~ble future. LDR Sec. 7.5-I8.1 gives public utilities the atithority to remove~ any trees that interfere with utility services, either in utility easements or public rights-of-way. · X 3. Dept. of Health permits will be required for the water system serving this project.. (Sec.26-12). !' X 4. Fire flow calculations wilt be required demonstrating the City Code requirement of 1500 g.p.m, as stated in LDR Chap. 6, Art.IV, Sec.16, or the req[uire~ent imposed by insurance underwriters, whichever is greater. (see Sec. 2~-16(a)). Please submit these calculations with your Health Departt~iant permit submittal. 5. Se~. 2~34(E) of the City Code requires that a capacity reservation fee be paid fo~Ithis project either upon my request for signature on the Health Dept. applic~on forms or within 30 days of site plan approval, whichever occurs first. Tills fee will be $790.02 based upon a 1 inch meter. 6. This office will not require surety for installation of the water and sewer utilities~' on condition that the systems be fully completed, and given to the City before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. 7. LDR Chap. 6, Article IV, Sec 16 requires that all points on each building will be %ithin 200 feet of an existing or proposed, fire hydrant. Based upon the hy~ant shown, the plan does not appear to meet this criterion. Please demonstrate that the plan meets this condition, by Showing all hydrants Page 2 Commerce Road Realty NWSP 00-002 DEPARTMENTS INCLUDE .REJECT 8. ~The:w~ef niaih to t!i* fire hydrant appear~?j~ffi6!~ith~mn:p~te~ ' r "~ :~! ' en.cl~5.ure, mease.r-elocate:the enclosur&.~t:wtiSzineh:~'a;aie~ ~main':~'-:~ :~ .... ex/st,~in an ~e~ment on ~e south side of the.property. 9. Pleas~howthe exisfiu~l?PL Utility ~enle~t~o,n ail plansheets : :~ :: .:~ ..~ Commen~ Comment,s: -: ! X 1 i. Illumma~on concern?, for both the rear elevatmn,and north waiL, No hght~ng fixtures are shown Off the plans Provide ligh~ fixtures in these areas: Indicate,locatmn, type and intensity of the h~. : ENGINEER/NO DMsI~N~ : ' Comments: NONE '~ ' ', ' BUmDING, Drv s ou i · Comments~ i 12. At time: of permit r~iew, indicate on Site plan drawing the length of the handicip landing off,ach ramp. , . e: { ation that the design.' 13. At tim of permit re iew, identify the finish floor elev professional establisl~e, d on the floor plan drawing~ ' X 14. At tim~ of permit rev~e~v, show entire area of second floor storage. ; ~ X 15. At tim~ of permit review, submit Unity of Title, indluding ail abandonments. ; i} :,, 16 Compliance with the Building Codes will be evaluated at t~me of permit revie~v~ The permit; 'ce, water and sewer facility fe~s, Fire and Life Safety fees, C~anty fees an~ State fees will be determined at time of permit review. , 17. Permits are required to construct the improvements that are shown on the ~ approved stte plan/c( ndmonal use documents. Permit apphcat~on forms are! available in the Bu.lding Division of the Development Department. A; permitlsubmittal che~cklist is available on the' Building Division. The list identifies the basic documents that the Permit App}ication Technician checks for when an a, pplicant submits for'permit rewew. , Page 3 Commerce Road Realty NWSP 00-002 I DEPARTMENTS ~ INCLUDE REJECT PARKS AND RECREATION X Comments: NONE ~ FORESTER/ENViRONMENTALIST X Comments: NONE PLANNING AND ZONING Comments: X 18. On the site plan, correct surrounding zoning & provide land uses for the adjacent properties in order to determine correct greenbelt and vegetative screening application. X 19. Onthe site plan~ label and dimension all easements and required landscape buffers. Ch. 4, Sec. 7, Par. B. X 20. Project is proposed/designed with uses minimal parking spaces. Future intensification of project by proposing addition of industrial uses will require prior confirmation of parking capacity. X 21. On the landscape plan, locate & label ftre hydrants, and any utilities that may conflict with tree locations. X 22. On the landscape plan, locate & label the 25 -foot wide greenbelt easement as well as the 10' utility easement along the south property line. Relocate the five (5) canopy trees out of the utility easement, and leave the hedge along the property line to match with established green belt planting scheme. The master plan requirement is to provide one (1) mahogany tree per 40 linear foot of frontage and a continuous eugenia hedge (maintained at 6 feet) along the outside edge of the buffer. X 0 23. In the landscape plan plant list, provide for 50 % native shrub materials, not including the 288 liriope in the calculations. X 24. Amend the traffic study to include 1,936 square feet of the second story storage space. Prior to final approval the study must be re-submitted to the Palm Beach County Traffic Division for confirmation of standards compliance. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS X 25. NONE Page 4 Commerce Road Realty NWSP 00-002 I DEPARTMEI~TS ' INCLUDE REJECf ADDITIONAL CITY COMMISSION CONDITIONS , 26. To be determined. ; ' ~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Commerce Road Realty APPLICANT'S AGENT: Del Swilley APPLICANT'S ADDRESS: 2559 Webb Avenue, Unit 1, Delray Beach Florida 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 6 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: High Ridge Commerce Park DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach. Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida onthe date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk IV-CONSENT AGENDA ITEM D.7 CiTY OF BOYNTON BEACH AGENDA ITEM REQUEST FOP, ay, Requested City Commission Meeting Dates [] March21,2000 [] ^p~l 4, 2000 [] April I§~ 2000 [] May 2~ 2000 Date Final Form Must be Tumefl in to City Clerk's O xTt c~ March 8. 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) April 5, 2000 (5:00 p.m.) April 19, 2000 (5:00 p.m3 Requested City Commission Meeting Dates [] May 16, 2000 [] June 6, 2000 '"] June 20, 2000 --] July 5, 2000 Date Final Form Must be Turned in to CiW Clerk's Office May 3, 2000 (5:00 p.m3 May 17. 2000 (,5:00 pan.) June 7, 2000 (5:00 p.m.) June 21. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] Development Plans [] New Business Legal [] Unfinished Business [] Presentation RECOMMENDATION: Please place the request below on the June 6, 2000 City Commission agenda under Consent, Ratification of the Planning and Developmant Board action. The Planning and Development Board with a unanimous vote, recommended approval subject to staff comments. For further details pertaining to this request see attached Department of Development Memorandum No. 00-136. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: SAMMY BERRY BUILDING Kimberiy A. Dellastatious AIA. PA Sammy Berry Jr. and Eula Mason-Berry 110 Martin Luther King Jr. Boulevard Request for new site plan approval to consumer a 2,950 square foot retail/office/facility on 0.28 acres. PROGRAM IN[PACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Departm~t o'~e~e~p'~ant DtrL~,or ~ignamre Plam~g and Zonin~ector City Attorney / Finance / Human Resources SITE PLAN REVIEW STAFFREPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION May 16, 2000. DESCRIPTION OF PROJECT Project Name: Sammy Berry Bud ng Applicant~Agent: K mber y A De astat ouS~ A A, PA Location: File No.: Land Use Plan Designation: Zoning Designation: Type of Use: Square Footage: Surrounding land uses and Zoning District: Existing Site Characteristics: 110 Martin Luther King Jr. Boulevard NWSP 99-024 Local Retail Commercial (LRC) NeighbOrhood Commemial (C-2) Retail / Professional Office Site Area: 12,000 square feet (0.275 acre) Building Area: 2,950 square feet (see Exhibit "A"- Location Map) North South - East West Martin Luther King Jr. Boulevard (N.E.10=Ave.) and farther north is a church, zoned C-2 Residence, zoned R-2 Vacant Lot 5, zoned C-2 Restaurant (Lot 1), zoned C-2 The site is located within the Martin Luther King Boulevard Overlay Zone (MLKB), that is being concurrently established to specifically guide development along this corridor consistent with direction from the Page 2 Sammy Berry Building - Site Plan Review Sf:aff Report Memorandum No. P_Z 00-136 Visions 20/20 Redevelopment Plan. The implementat on of the overlay zone will initially provide relief from standard front, side street and side ,setbacks., Staff expects that add!t onal regulations regardiag signage~ permitted` Uses, appearance, landscap ng, etc. wi! be added to the overlay through a pub c participation p~ocess. The site is currently undeveloped. The property is bordered along the west ot tine, with a Proposed Development: Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping: Plan). A traffic statement regarding the number of trips generated by the use was not submitted. The statement must be forwarded to the Pa m BeaCh CoUnty Traffic Division for confirmation that the project complies with the .county's traffic performance standards. This compliance is a cond tion of approval. Conceptua drainage information was provided for the City's review~ The Engineering Division is recommending that the review of specific drainage solutions be deferred to time of permit review. · culat on consists ~of a 20 foot wide two-way with access from Martin, Luther King Jr. Boulew vehicle use area will provide a rear parking area containing 9 foot by 18 foot spaces: There are 15 parking spaces proposed, including one (1) space designated as handicapped. This meets the City's Land Development Regulations, Chapter 2 - Zoning and ADA requirements for this use and providesfor no surplus spaces. The landscaping of the site will fully meet code requirements when staff comments are incorporated, and will also include extras such as foundation plantings in the front and additional sh~ade trees in the parking lot area at the rear of the building. Page 3 Sammy Berry Building - Site Plan Review Staff Report Memorandum No, PZ 00-136 ' 'Bu~tdmg ah~ site re~ulati~hs will fully ~e~t-~b~e ~n staff comments are inborpo~ated int~)':th'e ~em~it drawii~g$. ~' 3Ce both residential scale. Signage: sign.~ are along the1 Martit RECOMMENDATION'.' The Planning and to the Committee (TRC) ~ on the set of p xc: Central File land and respect!al 1 ~3 ) h~gli, 10 square foot · The site plan request, subject Review fibit be corrected LOCATION MAP SAM EXHIBIT "A" lNG ¢2 SP-2 ~ ...? ._.6.. EX~~ ~IT B COLOR PAL£"FrF ,North EleV~LtiOn EXHIBIT B EXH;-~IT B EXmBIT "C" Conditions of Approval Project name: S~ BERRY BUILDING File number: NWSP 99-024 Reference: 2nd Review, New Site Plan. File # NWSP 99-024 with a February 1, 1999 Plannin~ and Zonir,,, Department date stamp marki DEPARTMENTS INCLUDE REJECT PUBLIC WORKS X Comments: NONE · UTILI-TIES Comments: 1. Fire flow calculations will be required demonstrating the City Code X requirement of 1500 g.p.m, as stated in LDR chap. 6, Art. IV, Sec. 16, or the requirement img0sed by insurance underwriters, whichever is greater. : (see See 26-16(a)) . Please submit these calculations with your Health Department permit submittal. . X 2. Comp Plan policy 3¢.3 4 requires the conservation of potable water. City ater may not, therefore be used for irrigation where other sources are readily available X 3. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instnnnent to the City as stated in Sec. 26- 33(a) of the Code. X 4. This office will not require surety for installation of the water and sewer utilities, on condition that the systems be fully completed, and given to the City be~fore the £zrst permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. 5. A building permit for this project shall not be issued until this office has approved the plans for the water and/or sewer improvements required to serve the project. (Se~. 26'-15) FIRE ' X Comments: NONE POLICE X Comments: NONE ENGINEERING DIVISION Page 2 Sammy Berry Building File No.: NWSP 99-024 :' iNCLUDE : REJECT DEPARTMENTS ..... Comments: : 4. iShowthe locations of the building downspouts. - ~ ..... 7. ~All~plans.submitted shall be. signed and sealed by the. appropriate design professional: Comments: . . ~ X- 8. Th~ locatio~ of the handicap accessible entrance door to [he bullfrog ~i shal} l~e located on the shortest safely acce~sible mut~ to the access}?e'i 4~:~ : : arkin~ space {SeCtion 4 6'2 of the Florida Accessibility Code for Building Consmactton}. 9. Within the site data found on sheet SP-2 2 of 6 identify the prop0~e&~i . -' finish oor eleVation of the propoSed building (lowest floor elevation). . ' VerifY}that the nroposed elevati6n is in compliance with regulations of:the~~ ~ · code-l~y adding specifications'to the s~te data that address the followlng~ issues; a) Sl>~cify the base flood elevation that has been assigned to the existing: ' floo(~ ~on;. If there is no b~se flood elevation, indicate that on the Plans. ~ ' ' b) Th~ design professibnal'of;rec°rd for the p~oject shall add the following ~i: text t~the site data: "The prOl~0sed floor elevation is above the'highest }00- ~, year*base floor[ elevation ~pplicable'to the building site, as determined by ~' . the SO~Uth Florida .Water .Management District's surface water management conStrhctinn d&velopment reg~lati°ns.'' [Section 3107.1.2, Chapter 3! of the i~oynton Beach ame'~dm~nts ~O the 1997 edition of the 'Standard BulldOg Code] ..., X 10. At,time of permit review, provide detailed drawings and documentation' on the ,plans that will verify that the accessible route that ~s shown fro~ the accessible~ parking, spaces tiS. the!.accessible, building . entrance,. . is~r in~' . ' compliance wtth the regulattons of the Honda Accessibility Code for, Buil~g Construction- The.d0cumentation shall include, but not be hmlted4i to, identifying the type of material proposed for the route, type of surfac~: finis!g~width, ~ross ~slope,~ slO-Pe and !ength of the entire accessibke mut~. inchl~ing, where applicable, landings, ramps and handrails. . X 11. At ~dme of permit review, submit signed and sealed working drawings that~a3'e prepared by a design profess~ona 12 Co~mnliance with the Building Codes will be evaluated at time of p0rmit revie~ The permit~fee, Water and sewer facility fees, F~re and L~fe Safety fees, ~ounty fees and Stat~ fees will be determined at t~me of permit revmw: Page 3 Sammy Berry Building FileNo.: N~VSP 99-024 DEPARTMENTS ' ' INCLUDE REJECT 13. Permits are required to construct the improvements that are shown on the approved sim plan,-Permit application forms are available in the Building ' Division Of the Development Department. A permit submittal checklist is available in the Building Division. The checklist identifies the basic documents that the Plans Analyst checks for when an applicant submits for permit review. PARKS AND RECREATION X Comments: NONE : FORESTE1VENVIRoNMENTALIST X Comments: NONE PLANNING AND ZONING Comments: X 14. All plans must be signed and sealed prior to submittal for building permit. X ' On the architectural plans provide the information: (Ch.7.5, Art. II, Sec. 5) on the awnings, canopies, or covered walk-ways projecting from a building wall over a required yard setback shall not be more than two and one-half (2 1/2) feet, and having no supports other than provided by the wall or its integral part. (Ch.2, Sec. 4, J.8) X t 5. On the architectural plans provide the information: (Ch.7.5, Art. II, Sec. 5) on building's signage: colors, materials, dimension, square footage, etc. (Ch.21, Sec. 2.C) Provide atypical sign detail with dimensions for the three (3) wall signs proposed. X 16. Provide the color code number on the building's fagade on the elevation drawings. X 17~ Applicant must submit a traffic statement addressing trip generation that meets Palm Beach County Traffic Standards. X 18. Adoption of the Martin Luther King Jr. Overlay District is required prior to Planning and Zoning approval of the Rectified Plans. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS X 19. NONE ADDITIONAL CITY COMMISSION COMMENTS [ Page 4 Sammy Berry Building File No.: NWSP 99-024 DEPARTMENTS 20. To be determined. INCLUDE REJECT DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: SAMMY BERRY BUILDING APPLICANT'S AGEN-T~ Kimberly A. Dellastatious AIA. PA APPLICANT'S ADDRESS: 8726 Indian River Run DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: NEWSITE PLAN LOCATION OF PROPERTY: 110 Martin Luther King, Jr., Bird DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sougnt was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the App cant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk Requested City Commission Meeting Dates [] March21,2000 [] April 4, 2000 [] Apfill8,2000 iQ May 2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM m_~to City Cie~rk's Office March S, 2000 (5:00p.m.) March 22, 2000 (5:00 p.m.) Apr&[ 19.2000 (5:00 p4n.) Requested City Commission M~tin D~ [] May 16,2000 [] June 6, 2000 [] June 20, 2000 [~' July 5, 2000 ]V-CONSENT AGENDA ITEM E Dam Final Forra Must be Turned m to__City Clerk's Office May 3, 2000 (5:00 p.m.) May ~[7, 2000 (5:00 pan.) June ;/, 2000 (5:00 p.m.] Jtm~21, 2000 (.~00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unt'mished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve authorization for the staff to negotiate a contract with the number one ranked engineering firm for the purpose of design, permitting, bidding assistance, and construction management of the Industrial Avenue Stormwater Improvement Project. EXPLANATION: Per Commission direction, a RFQ was issued and a total of eight (8) proposals were received on March 14, 2000 for engineering services for the Industrial Avenue stormwater improvements. All proposals received were reviewed by department staff, and a short list of three was identified. Interviews of the three firms were conducted by utilities department senior staff on May 4, 2000, and the following is the department's recommendation in order of placement. If the City Commission would like to have a presentation of the short Listed firms, we can schedule those presentations as necessary. Staff 1- K/mley-Horn & Associates Evaluation Points Rank 2- Carr Smith Corradino 275 1 242 2 3- Craig A. Smith & Associates 222 3 This project will allow for improvement in stormwater management in the target area. The selected engineer will design using best management practices criteria for the des/red storm management level. This may include a stormwater pump station with a ditch connection to the LWDD E-4 canal. PROGRAM IMPACT: Selection of this consultant will continue the process of completing the required Stormwater improvement in the target arem This will also enhance the general appearance of the area involved with required paving and iandseapln~ improvements. S:~ ULLETPN~FORMS~AGENDA ITEM REQUEST FORM.DOC L__ ~-. AGENDA ITEM REQUEST FORM Based ? ihe Consultants Competitive Negotiations~ Act (F.S. 287 055) and after the o[ the n~gofiafion$ Over scope of work and a~ociated expenses, the ' for: Commission 1) Readvertise for ad~l[fional proposals from other qualified firms. 2) Do not proceed With the project. Utilities Dep~'lment Name C~ty Manag~ s Signature City Auorney / Finance / Human Resources S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC The City of Beach P.O. Bo~ 3ZO REVISED 2/9/0O FROM ENG/NEERING FIRMs FOR INDUSTR/A.. AVENU'E,. -'RRID Ri.:TOn ~~J-~,~KATE_R IMPROVE~ME~s · ., -- ~as;a ~oulev or mail p c~ n ,-~o, ~ry ot t~oynton Beac am, to -.t.,. ,,ox 310, Boston ~eac~ Florida 3 h, on or by: MAR~ ~ 2000 No Late T~an 2:00 ~~ 3425-03 I0 ~Q's will be opened ~: PROC~MENT SER~CES-CI~ H~L 2~ ~OOR ~l~s o~e~ise desi~at~ A Pr~Pro o al Conference is scheduled for: Feb~a I 2000 at 2:00 P.M. in Conference Room ,,Cn C' HaILWe Win I00 ~. Bovnton Beach Blvd. Bo zon Beach FIorida. All responses r~iv~ M~ be publicly opted ~d re~ ~oud. ~spo~es r~eived a~er the ~si~ date ~d ~me .~1I not be considerS. ~e Pmc~emcnt Semc~ time s~p shall be conclusive ~ to ~e fime~s of ~Iing. ~e Ci~ of BoSton Beach is not re~onsible for ~c U.S. Mai or p~vate co~c~ in reg~ to m~l being delive~ by a specified dine so that a respo~e c~ be considerS. ~e Ci~ ~s~es ~e fi~t to consid~ ~sponses that have been dete~ined by thc Ci~ to be r~eived late due ~o ~sh~g by the Ci~ ar~er r~eipt of ~hc response ~d no awed h~ been ~de. ~Y questions relative to ~y item(s) or po~on of t~s ~Q should bc directed ro C~ol I. Doppler. Buyer (561) 742-6323. Ame~ca's Gat~vay to the Gulfstream SCOPE OF SERVICES: The City of Boynton Beach is seeking to engage an Engineering firm to pro.~icte~ Engineering design, inspection~ and permitting The project consists of a storm sewer system and associated road (if th~ 4 Canal roads of Lake ATTEI~ITION ALL INTERESTED OUALIFIERS: Contact: SERVICES Office . to S:O0 P. lVL C POINT AWARD SUMMARY ~- UTILITIES DEPARTMENT INDUSTRIAL AVENUE CORRtDo:: EVALUATOR,S NAME ~obert L. Kenyon ?~) FORM IV (to be completed by Committee Adm/nistrator.) Initials: Requested Ci~ Commission ~ March 21~ 2000 ~ April 4~ 2000 is, 2o0o {~?~ ~], 1Vmy2,2000~ A CH GENDA ITEM REQUEST FORM Date Final Form Must be Turned ~rk~s Office March 8, 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m ) Requested City Commission [] May 16,2000 [] J'une 6, 2000 April 5, 2000 (5:00 pan.i [] June20, 2000 Aprit l 9, 2000 (5~00 p.m.) [] 'July 5. 2000 Date Final Form Must be Turned May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.ra3 June 7, 2000 (5:00 P,m.I Sune21, 2000 (5:00 P.m.) NATURE OF AGENDA ITEM [] Administrative []i Devalopment Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [~ Announcement [] Presentation RECOMMENDATION: MQtion to approve authorization for the staffto negotiate a contract with the number one ranked engineering firm for the purpose o£design, permitting, bidding assistance, and construction management of the Costa Bella Stormwater Improvement Project. EXPLANATION: ' Per Commission direction, a RFQ was issued and a total of six (6) proposals Were received on March 14, 2000 for engineering services for the Costa ?elia reviewed by department staff, and a short hst of stormwater improvements. All proposals received were conducted by utilities department senior staff on May 4, 2000, and the following is the department's three was identified. Interviews of the three firms were recommendation in order of placement. If the City Commission would like to have a presentation of the short listed firms, we can schedule those presentations as necessary. Staff Evaluation Points Rank 1- Shalloway, Foy, Rayman & Newell -- - 2- IGmley-Horn & Associates 261 1 This-r ' - ..3[ Cart Smith Corradino 258 2 n_[_P__°jec.,~.W.m allow for improvements in the stormw~-- 230 3 ~ acer wm aesign a stormwater s-'stem u ' - ater management of the target area. T anagement level. Th~ ..... ; y~. sing oest management nracticeo ~-' ......... he selected ~ramageotstrictE.4 C~-~ ....... ~ pump statmn and force mai- ~ -~ . . ed._s~torm 'ROGRAM IMPACT: election of this consultant will continue the process of completing the required Stormwater improvements ~ the target area. This project will also improve the general appearance of the area involved -~quired paving and landscaping improvements, with ~ ULEETaX~O~s~GENDn iTEM ~QU~ST FOR~.oOC Based on the Consultants Competitive Negotiations Act (F.S. 287.055) and after, the the negotiations over scoPe` of work and associated experiises, the chosen consultant $600.000~ 1) Reedvertise for additional proposals from other qualified,firms. 2) Do not proceed with the project. Utilities · ~'it~ Manager's Signature City Attorney / F'mance / Human Resources S:~BULLETtNTOR~S~AGENDA ITEM REQUEST FORM.DOC The Ciiy of Bovnton Beach P.O. Bo~310 ~AX: ($61) 7'$2-6306 R~VISED 2/9/00 FOR C ...... · ~,s~ 1 ~ PROJECT Sealed responses will be received La PROCURE~ SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boyuton Beach, FI0r/da 33425-03 I0 on or by: MARCH/4 2000 No Later Than 2'.30 P.M. -Local Time. RFQ's will be opened La: PROCUREMENT 2ND FLOOR: SERVICES-CITY HALL unless otherwise designated A Pre-Pro osa{ Couferouee/s scheduled for: Februa: - I7 2000 at 2:00 P.M. in Conference Room "C" Ci Hall:_West Win I00 E. Bo nton Beach Blvd. Bo ntou Beach Florida. All responses received will be publicly opened and read aloud. Responses received al2er the assigned date and t/me will not be considered. The Procurement Servtces time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or PriVate cour/ers in regards to mail being delivered by a specified time so that a response can be considered. The City reserves the right to consider responses that have been determined by the City to be received late due to mishandling by the City after receipt of the response and no award has been made. Any questions relative to any item(s) or portion of this RFQ should be directed to Carol L Doppler, Buyer (561) 742-6323. America's Gateway to the Gul_fstre~tm SCOPE OF SERVICES: The City of Boynton Beach, is seeking firm to provide Engineering design, inspection and consists of a storm water pump station and/or alleviate theexiSting/ocalized flooding'o~ · the Costa Bella Subdivision. The proiect will ,© AT'i-ENTION ALL ,INTEI~ESTED OUALIFIERS: Contact: ~$TH __ 137~ · ~, · S w 3RO POINT AWARD SUMMARY '-' FOR SELECTING CONSULTANTS THE' CITY OF BOYNTON BEACH - UTILITIES DEPARTMENT COSTA BELLA SUBDIVISION Requested City Commission M~fina Dates [] March 21, 2000 [] April 4, 2000 ] April 18, 2000 [] M~y.2, 2000 IV-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM G AGENDA ITEM REQUEST FOFavl Dat~ Final Form Must be Turned m m.g.-~_~Clerk's Office M~[rch 8, 2000 (5:00 p,n~l March 22, 2000 (5:00 pan.) April 5, 2000 ~5:00 p.m.) April 19,2000 fS:00p.m.} Requested City Conunis~ion [] May 16, 2000 ] June 6, 2000 [] June 20, 2000 [] July 5, 2000 Date Final Form Must be Turned ~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.m.J NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hcaring [] Legal [~J Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve a change order to add a Light Tower to the Sabre Encore Heavy Rescue Vehicle. (l~ire Rescue) EXPLANATION: This vehicle was approved by the City Commission on December 21, 1999 and is curre built, at l~.'erce Manufacturing in Appleton, Wisconsin. Th' · nti ' specification and bid process ne~qad ~' - ts particular Light Towe ~.*~ ~--- . y be,ng control acti t~! - . ...... ires state-of-the.art scene II . r u~a -~ome available since the va ght tower ts located on the body roof and remote- PROGRAM IMPACT: This is the only change that has been made to this purchase. This change will insure that emerr~acy er~,zs~ will .have ~dequ~te sce,~ei?htt~g fo; mgh. t operations (~res, ac .el. dents, specml operations, and extended extncatioas) The safety °f the Fire Rescue crew ts enhaneed w~th effective scene lightlng FISCAL IMPACT: Addltional 12 086.00, budgeted amount was $250,000. $232,199 wP~get Account 501-2516-519-6~.30 VEHICLES/NEW. The eriglnal cost to $244,285. the amount approved in December 1999. This change brings the total ALTERNATIVES: Do not approve this request and purchase the vehicle ars originally proposed XAty Manager s Signature Department Name Y / Finance / Human~eso~-cces s :kB UDLET1NL~O~S~AGENDA ITEM REQUEST FORM.DOC IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM H AGENDA ITEM REQUEST FO[ Requested City ConanmSion Dat~ Final Form Must b~ Turned in Meeting Dates ~o City Clerk's Office [] March21_2000 March 8, 2000 (5:00p.m.) [] [] Apr, 4,2000 March22 2000(500pm) [] June6,2000 [] April ig, 2000 April 5, 2000 (5:00 p.m.) r~ June 20_ 2000 [] May 2_ 2000 Apfillg, 2ooo(5:OOp.m.) [] July 5, 2000 Requital .C, itx Commission Date Final Form M ,ust,be Turned in May 17, 2000 (5:00 p.m.) June 7. 2000 (5:00 p.m.) June 21. 2000 ~5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda ~-l. New Business AGENDA ITEM ~[ Public~Iearing [] Legal [] Bids [] UnfiniShed Busmess [] Announcement [] Presentation RECOMMENDATION: Move to approve staff request for funding re complete $100;450 in repmrS and ~nprovements re the Tennis Center in an effort to have a "world class" facility to host the inaugural North American Corporate Games (NACG) on October 27-29, 2000[ EXPLA3/ATION: The City of Boynton Beach Tennis Center has been chosenas a host venue for the inaugural NACG, a ~i ugnout me wona tor me past 12 years S~nificant media coverage is e~ coted d ' the even ' ' · ~ Xp urmg t, along with ,~the presence of hundreds of athletes and their guests and supporters. It will als0'help promote Boynton Beach as~a leading center for corporate sports and tourism. Therefore, staff requests funding to inake needed repairs and improvements to the Tennis Center in preparation for the NACG at a cost of $I00,450. $22,950 is currently budgeted for these repah-s, with a balance of $77,500 unbudgeted. We recommend that $38.750 be taken from the City contingency fund and $38,750 be taken from the Recreation Program Revenue Fund. i~aRvOe?~:_l~ ._~ll~ ~A~,_T:,. ,The ~Wo~, fmd~ Co.u~. c!! of_ Palm Beach County and the Palm Beach County Sports Commasslen izza ~ jum~u wire eom r,arm ~eacn ~mm. ty and tlie ~tate of Florida to sunnort this t Thi~ i~ ~ 0.o~, ,..,.,.~ ..'+~ · ~showease our Tenms Center and the C~ of Bo . ~ ~v . ty ty ynton Beach, and to generate new business contacts by attmen'no new ~orporate: wsltors to our area. The Tennis Pro w/il assist in schedulin~ ana ..... ;.~ +u ............. ~ .. _ ~ . ~east six courts will be reserved for useby permit holders and/or the general public. EISCAL IMPACT: $22,950 budgeted in FY 99-00 ($19,250 in Recreation accounts #001-2710-572.63-15 and 001-2710-572.63-21: $3,700 in Facilities Maintenance budget) $38.750 from City contingency, funds $38,750 from Recreation Program Revenue Fund (Reserve for Furore Appropriations account #172-2712-572.99-03) ALTERNATIVES: ~Do not complete ri.ceded repmrs and improvements. Staff does not recommend this alternative due to the tremendous media Coverage and public exposure expected firrm hosting this event. Z f/15epart~ent Head s Signature // Leisure Services/Recreation Department Name ,r , City Manager's Signature City Attorney / Finance / Hman Resources BOYNTON BEACH TENNIS CENTER .~ !i}:~, North American Corporate Challenge, October 18-21. The foI[o~/'6g items'tm,cebeen idegfffiO:,~s areas at the Tennis Center that should be repaired/u~gr~ded/i~oved prior to th~'~er~:: ' TASK ' ': TASK · 'ESTIMATED ' ' ~DS ACCOUNT # .... COMPLETED BY _ : ' COST ~,: ' A~AILABLE Paint exterior of building Eacilities Mgt~ $3~700 $3,7~0 Facilities Mgr. Interior Restroom : Facili,ties-Mgt~ $8,75,0 Paveid~ldeks around Pro : $650 ~'~'~" '~" '~M~ ' 000 ' RePl~e~twelve (12) '+ .~F/~ilmes~ ,gr. , ~a~ llghls Chah .,k or cemag aeilifi, i fgt. ~l~lue~ m office .' ~ ' :i ,i~50: ~ · q ......... ,,~ ~ ~ 001-2710-572-63.15 ' ; 00 $15 3~ ~ ~,'~ ' ~ ' ' :-}C:~' ~ ~ :TOT~ :! BALANCE' . COST t ~VAILABL~ May 1, 2000 Mayor Gerald Broening City of Boynton Beach P.O. Box310 Boynton Beach, FL 33425 Dear Mayor> Please be aware that the Greater Boynton Beach Chamber of Commerce is supportive of the upcoming North American Corporate Games being held throughout Palm Beach County in October of this year.'We especially support the level of participation that our city is considering. The WorldTrade Council of P.B.C. and the P.B C. Sports Commission have-teamed with both Coun~:,.and S .t~,,e, o. ffim.'a~ to ensure the success of this event. This international corporate competmon wm onng invaluable medm exposure to our area. The City was verywise in offering } A P ,Ofthe c He g ,.at co . s. ms our comm y to a broaa um~ttc~ incorporate ngures, mema and tourists. The anpact will be positive and long reaching. The Chamber of Co ~n~. erce is encouraging corporate team~ fi.om our community to take part in all ot'the games and interact with other participants to further awareness of Boynton Beach and to form new networks with business professionals far and near. This is a win/win situation for everyone! It was n~y pleasure to bring the City and the 'Games' organizers together for the initial meeting and ~ve look forward to continuing to work with both parties toward a successful first year event. S~erely, D/aha H. Johnson President CC: Kurt Bressner, City Manager Wally Majors, Interim Director Recreation, City of Boynton Beach Pam Gerig, Executive Director P.B.C. Sports Commission 6,?9 East Ocean Avenue, Suite 108. Boynton Beach. FL 33435 phone 56 I. 732.9501 Fax 561.734. 4304 @boj .... ~ ..... website ~vw. bnyntonbeach.org, email chamber ntonbeach.org ~-~'n:~ GOVERNOR STATE OF FLORIDA December 6, 1999 Ladies and Gentleman: It is with ~eat pleasure and e_xclteme,nt ~a,t I~ m~vi~ y~_o~u~??P~_a_a? oci~p )~rorth American Corporate (James sc~eamea for uctoo~ ............ County, Florida~ The Games is a mniti-sport festival for executives, conducted in an atmosphere of congenial/., hospitality and friendsh/p. This fesUval encour~a?s health, fitn.eg, bu~, i~es~ aet~orkin~ and corporate team building. The Games began lz years a~go aha nave ocen a ' ~* : ', -.,. ':' ' "~traii~ and South A2meHca: tremendous success m Europe, Asia; ~ . .: r r with th. ~om~,med effor~ o~ thc Worl,~ T. ade Ce~t,, V~ Co.tv Spo~ Co~,~i~sio~ ~d ~e Vlo~ia~ SpoV~ :?und~tio~. ~ ~ame. ~e ~g r,e~d ~ ~lo~id~ The festival Witi ~lce i~lace ~mily; b~:' ging'execi~i~xfr0n/alllo~e~ me, world:toour stateto enj0y:an unpa~teled lo~me~s enmronme~t. Bush PALM BEACFI COUNTY On With O:lEVENTS1Corporate GamestCorrespondenceIWally Majors. doc 1555 PALM BEACH LAKES BLVD., SIJIT~ 1410. WEST p~Lrv~ BEACH, FLOF~IOA 33401 ~EL. (561) 233-1015 FAX (5611233-1012 Web Site Ad~ress: www. ps]mbeachsports.com E-mail Address: PBCSC~selmbeachssorts.com IRISH INDEPENDENT " Fit and .- u .e.s business people play What do President Mitterand of France, Jaques Delors of the EU, Malaysia's PM. Dr Mahathir, US Senator Dianne Feinstein, and Hawaii Governor John Waihee have in Common? Tough question, easy answer. Each has been the Patron of the World Corporate Games. ,Now in its 7th year and scheduled f~o Johannesburg, South Africa n · ObtobFr-1994, the Games for the .weekend sports warriors has never lacked appeal-for the big name its share of star olymj ~1 ' , and s F etd Clift who won his in 198& lg es has grown in its 1988 San Francisco to almost n Kuala Lumpur event of its kind in since the and nas the crt of both the City of Townsh 3 of well as the wholehearted the Games breaking new not without its risks. winte{ version was in t991, Olympic City of ~ 1993. Ultimately, the tragedy of Sarajevo and the destruction of ~e ski resorts which would have hosted the Games forced cancellation of the winter project. Nevertheless, Dr. Johnston expects to see it revived in Europe in 1995. Much happier results have been achieved with the spin-off national Games in Australia and the United Kingdom. Sydney will host the second Australian Corporate Games in March,, 1994 and the UK & Ireland Corporate Games i~ again set for Milton Keynes in late June. . Sydney's Ellen Golf expects 3000 cdrorate competitors to suit-up n the 13 sports, m~ny of them staged in the city's spectacular Darling ha~bour complex. 'Last year's success 'rout interest, giants a's business world', says Goff this year wq expect to doub e Be,number of o;rganisafions and Oa~Cipants. And Sydney is well in the running for the World Corporate Games in two or three years time.' Ultra-Fit is the Official Magazine of the Corporate Games which is a mod at promoting ;~sport, health and fitness in the wm;k Place. The magazine has a special interest in the UK & Ireland Corporate Games and its weekend warriors. Games Managing Director, Merklyn Hauck, summed up the relationship this way: 'The Games is all about fi~ness, fun. healthy competition and a balance between work and play. 'Ultra-Fit has a very similar philosophy. We both try to reach the full range of those who want to be fit and healthy and get the fullest enjoyment out of life. 'It is a natural fit and the magazine is a great help to us in getting the word out that the UK & Ireland Coroorate Games is a great way to combine business, sport and fitness, with all the fun that goes with a multisoort comoetition". This year's Games in Milton Keynes has some new .Sports ~dded to the programme. Cyclists will'be able to race around the circuit that saw scm e of Nigel Mansell's Grand Prix heroics, Silverstone Circuit. Mountain bike Racing and 3-o~-3 Basketball are also set for the Games. Hauck confidently expects to reach 4000 ~articipants in 1994 making the Games the second largest multisport event held in Britain in 40 years - the largest was the 5th World Corporate Games staged in London in 1992[ The UK & Irelanb Corporate Games are open to all with 5 age classes from Open to 60+ years across 17 sports. It's a great ooportunity for you to represent your company, business or organisation, create your team - tiny or tremendous. For entry forms and information contact: UK & Ireland Corporate Games. PO Box 7.993, Milton Keynes MK9 3JU, .telephone: 0908 231993, fax: 0908 237.992. ~ ~orpomte G~rries Dar; 6 Jbne, lgg~ BP will be m~r~.g a lin'ge tea*n to thc 199')' event_ The e~hus~¢m does not stop afxer the ~es - ~ of ¢mpl°r~s wantiuS t0 ~e~ ~ ~a ~ m . ~co~e ~p~ of ~ k~ of flm~s, not j~t me spo~ ~le to ~t ~ o~ ~pl~ There is also much f:rie~?ly-rlvalry between parflcipatln_gcompaul~ to the enJolrznent of the OcC:~ton, c~p~ at the Grmld Parade. athletes, and t which BP/AN LAVINGTON UK & Ireland Corporate Gaines PO Box 380 Castor Peterborough PE5 7BN 10th June 1997 Thames Valley Club Dear Brian As you are aware the Thames Valley Club admlnister~ICL's entry into the UK & Ireland Corporate Games, 1997 at Belfast will be om' fourth enn'y. El,ch year ICL have entered in excess of I00 entrants under the banner teamlCL. success of our entry has reflected in the knowledge of the event The. managers through all divisions to emnl,~v~- -r .... throu.ghou, t ICL, from senior , all ----r--~--a ~,t~.~, aha our assocmted companies. Thames Valley Club feel that the success ' · . . of this event/s in the amount of team building and ~,~ ~ mOl'~ valuable as afl ot~al~.~atiol~ This /s summed ap by our mixed Field Hockey team. Each year the team has been put together from all parts of the group, pull together over the games weekend, and then communicate throughout theyear w/th each other about sport and corporate issues. The cost to the company £ s Stirtmg ts small, but the success and togetherness that the Irelandgames bring'Scorporate is worthGames.a great deal more. It is hoped that teamICL will grace future UK & Finally, the team of people that pull ~ogether these events each year need a special mention, both at the Games headquarters and for each of the large teams entered. Everybody is very helpful and pull together in building better games for the future. Special thanks go to yourself, somebody I now feel [s known as a close friend. Steve Sear Chairman Thames Valle7 Club ICL .AGENDA ITEM REQUEST FORM Requested City Commission Meetin~ Dates [] March 2l, 2000 [] Apri( 4. 2000 [] ~lS, Zooo [] May 2, 200O April 5, 2000 (5:00 pm.) April 19.2000 (5:00 p.m.) R~ues~ed City Commissioa Me~ing Date~ [] May I6. 2000 [] Iung 6, 2000 [] Sun~ 20. 2000 [] July $, 2000 X-NEW BUSINESS ITEM A Da~ Final Form Must b~ Turned in to CRv Clerk's O~ May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) $u~7, 2000 (5:00 p.n~) June 21, 2000 (5:00 p. rn.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] PubticHearing [] ~ [] Bids [] U~finlshed Business [] Announcement [] Presentation RECOlVlblEaNDATION: Motion to approve the application of Thomas Souza for City sponsorship of his project known as My Emotions for the Round IV Development Regions Cora Grant program. EXPLANATION: Thomas Souza, Prasident and CEO was the only qualified applicant to submit an application to the City, asking for our sponsorship of his project known as My Emotions for Round IV of the County's Development Regions Core Grant program. A copy of the ralevant portions of his application is attached. The raquest is for the use of all $65,000 that Palm Beach County is making available to the City in the Round IV program. He is also asking the City to match the County's contribution with $16,250 of City funds. Mr. Souza plans on puffing a minimum of $268,750 of his own funds into the project as welt. PROGRAM IMPACT: As proposed, the project is located in the City's extended CRA. Funds will be used for the renovation of an abandoned movie theater (and an adjacent storefront) that has been vacant for over 10 years. This project will support the establishment of their corporate offices in the Sunshine Square Shopping Center atthe corner of Woolbright Rd. and Federal Highway. The applicant has developed a new ratail concept that will bring 100's of jobs to the community. With the operation of a prototype retail store attached to the corporate office, $1.00 of each sale (of a particular stock item) will be donated to local charities. S:kBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC -AGENDA ITEM REQUEST FORM FISCAL IMPACT: . Funds are available in account 121-0000,247-01-11 to meet the City's 25% match obligation if the City CommisSiOn desires to apprOve t~ s application. ~ To not approve this grant application, and to deny sponsoring this grant application before Palm Beach County in their Round IV Development Regions Core grant program. Economic Development Deparmaent Name I Cit~YManaget's Signature City Attorney / Finance ~ Human Resources S:~BULLETIN~ORMS'~.OENDA rFEM I~EQUEST FORM.DOC APPLICATION FOR PALM BEACH COUNTY DEVELOPMENT REGIONS GRANT PROGRAM The Development Regions Grant Program provides redevelopment assistance in the Development Regions (both the Glades and Coastal Areas) to support economic reinvestment and divet~/fication,/ncreasmg job growth. Refer to s~ecifie grant criteria for questions. One application per bnsiness. · . requestedm the spaces provided. YOU MUST FIlL O~FF cream ,~-,~;- ~! ,ea~se ..type all mformanon ........... a ~ at,~ AND CORRECTLY. Application Submittal Date: Please check the type of grant:. 04 / 28 /2000 month day year CORE [gX{ or COMPETITIVE [ ] SUBMITTED BY NAME OF NON-PROFIT ORGANIZATION/ GOVERNMENTAL BODY (RESPONSIBLE PARTY): C/fy bf Bovnton Beach Contact Name: Address: Telephone: D_ale S. Su6erumn T/fie:Assistant City ~fanager 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425 (561 ) 742-6456 FederalI. D.~60-04-i 16451-54C NAME OF BUSINESS APPLICANT: Contact Name: Address: Telephone: ~y Emotions Thomas Souza Title: President and CEO ~96 ~ E, {~h Av~,m. Boynton Beach. FL ~435 ~561) 369-8988 Fcd~ I.D.~fi-4341466 1) Descnpt~onofapphcants'project:R,,~,vn~.~,~n oF ~ vn~.nnr ,,.,.vle theater (vacant for 10 -ears, and the ad_acent scorefron= in the Sunshine Square Shopping Center which is located in the City's extended CRA. Applicant is renova=in~ - ':: : .~orate office~ for a new retail chain. Will also include a prototype retail store. Phase I costs include renovation, installation DR 1/24/00 of f/x~ures and setup of comp~te~ operations. 2) Projcctloo_ationaddr~ss 526 S.E. 15th Avenue, Boynton Beach, FL Sunshine Square Shopping Centez 3) PHASE 4) l:h'oposed:Sta~.ingDat~ 05 / 17 / 00 Pl~e note: Dne to review may not oocnr for project s) Estimated Funding (e Do not include in-kind here.) County $ 65.00o +Local cash $16.250 Privam $ 268 ~750, Other $ - TOTAL $ 350,000 General F,ind EConomic Develooment Incentive Money · Matched local cash may include cash values of the following: Utilities and Water/Sewer Hookup Costs; Ci .ty% Occupational License F~s: Requ/red designated parking spaces in downtown area; and Donation of land, buildings, and easements (must us~ Property Appraisers Assessed Value). · MinimUm requirement from municipality or non-profit organization: 25% cash match for Core Grant _50% cash match for ComPetitiVe Grant Please send in justification for waiver of funding. 6) List type and amount of each "in.kind contribution". In-kind contributions will not be used as a match in the abo~e estimated funding. Type Amount S DR 1/24/00 2 $ $ $ $ 7) NameofPosi~on Hotms/Week Exec. Vice Pres. 40 Gen. Manager Buyer (2) 40 ?-,16B. 27 ' 60.01 4-8.08 ~S.SS (2) 19. 23 -- 40¸ ., 40 40 Sto~e (5) 40 (5) ! ) T~ 14 ToM 520 Tot~ number of full-time eqmv~ent jobs to: bc created. 14 (Please note: 2~80 hour/year constitutes one (I) f~] time job.) Number of full-tinm jobs ~dsting 8) D~cribe briefly how applicant' pr~ect will b~nefit ~e commurhty. The project is located in the City's ........... ~ Aa cae ~lc~ extended CRA. It will be renov~t/n__q~____ an abandoned movie theater that has been vacant for I0 years. The applicant ~a new retail conce. % tha= w/ll brin. 100's of ohs to the co_mmunity. With the operation of th_e prototype retail store attached to the corporate office, SL00 of each sale (of a particuiar stock item) will be donated to local Charities. _ DR 1/24/00 3 NOTE: 9) Please attlch t~ application a detailed descrintion of the oroiect proposal. This application must include ndeuunte written documentation from the business apnlicant: a. Executive Summary of Business Plan with description of project; b. Co or busiaess~ last 3 years tax returns~ or faith Please limitpropO~al f& iS'page~. Please si~n below: ~ '- igna eandTitl~- after submittaL Mike Tarli~ Economic Development Coordinator Palm Beach County (561) 355-3624 Pamela L. Nolan Development Regions Program Manager (56 ) 355-6835 Once comnlete, olease return your original application and 6/SIX1 conies to: Palm Beach County Governmental Center Pamela Nolan, Economic Development Specialist 301 N. Olive Avenue, West Palm Beach. FL 33401 - 10th Floor (561) 355-6835 FAX(561) 355-6017 Only one copy of each tax return is ~equired. DR 1/24/00 4 My Emotions, LLC 1.0 Executive Sumrna~/ My Emot~ns 526 SE 15~ Avemm Boyntma Beach. FL 33435 561-369-898~ 561-369-8997 fax Sh~,myemotintls~aoLcom My Emotions is an exciting line of bath, body, Ixair car~ cmmetica, candles, musiobooks, home decor, ~a~ ~__ .~_ ~_~L~ .day ,cr~. bY T .°~ ~ a' ld~in. ' g 37,. O~ YOUr Wedding Day and so on ....... ~ :uau~ m me sure ~s evoiveo arouaa a (Itfl~'ent an~ evc~-changing emoiion;' you can create your ovm t=acuw v~o p.c. s or s~mpty naris out, ii,stcn to cool music and read magazines at-our men's -just chill'n ~: This exc/ting bright colorful stere design will grab the **t_~tion of all sh~n~-s_ and h,~ a Zayre Depc Sto~s G.I-I. Bass & Company The Slxrm Au~h~.ity and mo~t recently President & COO of Claires Boutiques (3000 store chain) The Business Plan Higt]li~hts shows a c~x~n~a~ive growth ptan for five y~nrs ofl0, 15, 38, 60, 100 stm'es r=pe~vely. Business Plan Highlights $160,000,000 $140,000,000 $120,000,000 $100,000,000 $80.000,000 - $60~00,000 - ~tO,O00,O00 $0 · Sa~es FY2001 FY2002 FY2003 FY2005 RECEIVED #AY 1 2000 Page 1 CITY MANAGER'S OFFICE Emotions ~ebruary, 200~ My Emotions 940 Lakewood Driv~ Barrington, IL 6001{ 847-304-1664 847-30~4-1663 fax Shopmyemotions~aoLcor~ Table Of Contents l.l Objeedv~ ........................... 1 1.3 Keys to Succ~s ........................... 2 2.0 Company Summary ............ 2.1 Company Ownership . ' ............................... 2 2.2 ................. 2 S~art-iip Summ~ty ....................................... 2.3 Compan~ Locat~~ts and Facilities ........... . . 3 3.1 Pr~duet Description . . . - .................... 4 3.2 Competitive Comparison ..................................... 5 3.4 Sourcing.. ......................................... 3.5 Technol~ ............................. . . . .5 3.6 Future Products .5 4.0 MarketAanlysis Summar~ ........................................ 5 4.1 Markcc Seginentccio~ . ................. 4.2 Tm-gcc Ma~'kcc Segment Strateg3, ................................. 6 4.2_1 Market Needs 4.2.2 Market Trends ] ..................................... 6 4.2,3 Market Grow~ 4.3 Industry Analyais ..................... 4.3 1 Industry Participants. .6 4.3.2 Distributian Patterns .................................. 6 4.3.3 Compccition:and Buying Patterns ............................ 6 4.3.4' Main Competitoes .................................... 6 5.0 Strate~. a~lImplementation Summary ................................. 7 5.1 Stra~gy ~id ......................................... 7 5.2 Value Propasifian ......................................... 7 5.3 Competitive Edge 5.4 Marketing Strat~ 5.4.1 P~sitioning Smtem~mt ........ 5.4.2 Pricing Strategy ..................................... 7 5.4.3 Pmmnd~n Strategy ................................... 8 5.4.4 Distn'bation Strata3, .................................. 8 5.4~5 Marketing Programs ................................... 8 5.5 Salea Strategy . ....... 5.5.1 Sales Forecast ................................... 5.5.2 Sales Programs ..................................... 8 5.6 Sttatsgi~Allianc~ ........................................ 9 5.7 Mileatonea .............. . . . . 9 6.0 Management Summary 6.1 Organizational Saxtctum ..................................... 9 6.2 Management Team . . 63 Managen,~nt Team Gaps ..................................... 9 6.4 Personnel Pl~... - ............ 9 7.0 Finaneial Plan .................................. 7.1 lmpartant Assumptions ..................................... 10 7.2 Key Financial Indicators ..................................... 10 7.3 Break-own Analysis 7.4 Projected Profit andLasa. 7.5 Projected Cash Flow 7.6 Projected Balance Sheet 7.7 Busine~ Rati~ . 7.8 Long-term Plan .......................................... 13 Confidemiatity Agreement The undersigned reader acknowledges that the information provided by in this business plan i~ confidential; therefore, reader agrees disclose it without the express written permission of returned to Signature Date Name (typed or printe~ . This isa b~e~s, plan. It does not imply an offering of securities. My Emotions 1.0 Executive Summary $160,000.000 $140.000,000 $120.000.000 $100,000~00 $80.000,000 $60.000.000 - Business Plan Highlights [] Sa~es I1~ Gross [] Net $0 -$20,000,000 1.1 Objectives Objectives: Develop a new bath, body and accessory concep~ that is not y~ created in the merke~ place and that will give you the opportani~ff [o grow rapidly over the next few years. Open ! 3, 35, 60 stores in the next three years respectively. Build an an-line presence that enables you to enhance 'brick and mortar' sales and vice verse. My Emotions t.2 Mission a~ ~ f~ the ~t~ marke~ ~ level cons~ tn~ s~as vmue). ,,~j 1.3 Keys to Success . Shopping exlx~i~m~ On-line experience Value product [~easons to come back 2.0 Company Summary -5~ s'~,*l~,h hadv cosmcficand~chalnthatcaterstothcteenthroughyou~gadultsegmentof ~' ~ ,, :~%~ '-¢~ ~ ~,,~aa,i a~a~a zed bain~onproductanitallowtheconsumertopick My Emotions 2.2 Start-up Summary Start-up Financing $2.500.000 $2,000.000 $1.500.000 $1,000.000 $500,000 $0 Loans My Emotions 2.3 Company Locations and Facilities Established malls with high traffic with locat~ms near the teen/twean ea~sumcr. McDanalds Gap Bath and body works Abercrombie 8~ Fitch 3.0 creams lotions eandlea auromath~opy lipsticks eye shadow sparkles par fumes body paint handbags/pur~s fashion acce~otlea hair/neak/ring and toe banks/cots t-shirts kids stuff Je~. Ear Piercing Specialist necklaces bracelets earrings On-lisa: sales and services/advertisings In-store signing and advertising: Out, osram all large slgq~ing ia: windows/22~28 mall walk My Emotions 3,1 Product Description 3.2 Competitive Comparison Bath and Body works ultra3 h2o plus the body shop Limited too Victoria Secret Sephura D~artm~llt eto~es Discount/Wal-Mart/Big-K/Target 3.3 Sales Literature ttxt 3.4 Sourcing Start initially domestic purchases and year two and three begin to move product to Ch ina/Taiwa~J Indonesia/India Ail numbers are reflected in conservative domestic pricing margins: .60/.65/.70 respectively. 3.8 Technology All in-house systems and programming fur threc years or up to 100 store locations. 3.6 Future Products Adapt to market changes and any hot trends. 4.0 Market Analysis Summary 4.1 Market Segmentation The consumer base preferred customer will be age 9 - 25 with a core customer 16 to 20 years of age. The merchandiee will be value driven as we are looking for a consumer that has a tim and active lifestyle. The retail consumer shopping shonld encompass all basic l~th, body, cosmetic and accessory needs. Potential Market by Segment F~ S~rr~m name · ot~r My Emotions 4.2 Target Market Segment Strategy Value driven product with a consumer base of 9 to 25 years of age and a core customer of 16 to 20 years of age. 4.2.1 Market Needs 4.2.2 Market Trends Capture all cummt hot trends and adapt merchandise to lifestyles ia: pokemon 4.2.3 Market Growth The tean/twenn consumer isthe larges~ growing population segment in the market today growing two times faster than any other segment. Market growth will begin in the South East Carolina's to Florida. Growth wilt then extend North and North West ranging as far as Maine and throughout the midwest. 4.3 Industry Analysis ~-~ The industry currently caters to the middle and upper classes with competitors hka SephoraYDepartm ant stores and middle income beth and body works. 4.3.1 Industry Participants At the entry level the only participant that we are aware of for full-line beth and body would be Skinmarket. Other competitors would include discounters, pharmacy and higher end merchants. 4.3.2 Distribution Patterns Distribution in this area consist heavily in domestic product driven by brand names. Sephora has proven that the brand name market can be pen ,etrated and has entered this market as a full price retailer, 4.3.3 Competition and Buying Patterns 4.3.4 Main Compefitom see above My Emotions 5.0 Strategy and Implementation Summary 5.1 Strategy Pyramid 5.2 Value Proposition 5.3 Competitive Edge Competitive edge is entE~ into a market segment that has yet to be penetrated and that is tho entry level in th¢lmth, body, cosmetic and accessory consumers. 5.4 Marketing Strategy 5.4.1 Positioning Statement 5.4.2 Pricing Strategy r ' My Emotions 5.4.3 PromotiOn~Strategy 5.4.4 Distribution Strategy DSD for a minimum ofthreeyears. 5.4.5 Marketing Programs 5.5 Sales Strategy ~*: $.$,1 Sales Forecast $900.000 $800,0~0 $700,000 $600,000 $500,000 $400.000 $300.000 $200.000 $100,000 $0 Total Sa es~by Month in Year I · Sales 5.5.2 Sales Programs My Emotions 5.6 Strategic Alliances 5.7 Milestones 6.0 Management Summery 6.1 Organizational Structure 6.2 Management Team 6.3 Management Team Gaps 6.4 Personnel Plan Page 9 My Emotions 7.0 Financial Plan 7.1 Important Assumptions FY2002 45 0 4.00 21.00% I0.00% 40.00% 7.2 Key Financial Indicators Benchmark Comparison 14.00 10.00 8~0- 6.00 4~0 2.00 0.00 I ~2~1 ~2~2 · ~2~3 7.3 Break-even Analysis Bmakeven Analysis $6,~00 $210~ -$2,000 -~.0~ -$6,0~ ,=,go My Emotions Moa~ly Sales l~ak-en~a $8,334 Esfln~ted Money Fixed Co~ $5.834 7.4 Projected Profitand Loss ~ ~ 55.~% 62.58% Ad~ su~ ~.7~ 7.5 Projected Cash Flow My Emotions $2,000,000 $1~500.000 ~Cash Analysis 7.6 Projected Balance Sheet Page 12 My Emotions 7.7 Business Ratios 7.8 Long-term Plan Page 13 ORDTNANCE NO. O 00-//-~ AN ORDINANCE OF THE C~'Y COMMTSSI'ON OF THE CITY OF BOYNTON BEACH, FLORIDA AHENDI'NG CHAPTER 26. WATER, SEWERS AND CZT'Y UT~LI*'F~ES~ ARI'~CLE VI'I, SECTTON 26- 403(b), PROV1'DING FORA RATE INCREASE FROM $1.00 PER E{~UIVALENT RESI~DENTZAL UNZT (ERU) TO $6.00 PER ERU FOR ALL THPROVED PROPERTIES W~THXN THE CZl'Y TO PROVIDE NECESSARY FUNDING FOR THE PlANAGEf4ENT ,~N n STORMWATER SYSTEM; FOR CONFLTCTS, AND AN XI-LEGAL ITEH A.1 WHEREAS, Chaptei' 26, Article VII of the City of Boynton Beach Code of 3rdinances provides for the imposition of stormwater fees upon all improved properties within the City; and WHEREAS, Chapter 26, Article VII, Section 26-403 (b) of the Code of Ordinances provides that a monthly charge per ERU for improved properties within the City of Boynton Beach limits shall be one ($1.00) dollar; and WHEREAS, the city Commission of the City of Bovnton based upon the justification prov!ded by the City's consulting engineer in a report dated March 15, 2000, and the outcome of the City Comm ss on's workshop held on April 17, 2000, deems it to be in the best interests of the citizens and residents of the City to increase the stormwater utility fee from $1.00 per ERU per month to $6.00 per ERU 3er month, to efficiently operate and maintain the stormwater management system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH,. FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated here n by this reference. Section 26-403(b) is hereby type, and by deleting the within the from time to time, by section. Section 3. Each and every other provision' of. Chapter 26, not herein specifically amended shall remain in full force and effect as previously enacted. section ~,. All ordinanceS'or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. 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, ordinance. Sec'b_on 6. Section 7. such decision shall not affect the remainder of this Authority is hereby granted to codify Said ordinance. This ordinance shall become effective immediately upon ~assage. FIRST READING this /~ day of May, 2000. SECOND, FINAL READI~NG AND PASSAGE this day of 3une, City Clerk (CORPORATE SEAL) CITY OF BOYNTON BEACH, FLOR1~DA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner s:ca\Ord\C~apte~ 26 - Stormwater Fee Increase 050~00 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Xl. LEGAL A. 2 Requested City Commission Meeting Dates [] March 21, 2000 [] April 4, 2000 [] April 18,2000 [] May 2, 2000 NATURE OF AGENDA ITEM Date Final Fo[m Musg be Turned in t0 City Cler~-'s Office March& 2000~ (~:00 p.m.) Ma~eh 22, 2000 (5:00p.m.) Apri/5, 2000 (5509~p.m0 April 19. 2000.0:{}0 [] - Administrative [] Consent Agenda ~ Public Hearing Requested City Commiss on Date Final Form Must be Turned Meeting Dates in to City Clerk's Office ~[-~ MaT16, 2000 May 3, 2000 (5:00 p.m.~ [] June 6, 2000 May 17, 2000 (5:00 p.m.) [] June 20. 2000 June 7. 2000 (5:00 p.m.) ,[]~ Suly 5, 2000. June 21, 2000 (5:00 p.m.) [] Development Plans [] New Business [] Legal [] Unfmished Business [] Presentation OrdinRECOMMENDATION: .... Please place the reques~¢below~ on the June 6 2000 City commission agenda under Le al - ance Second Reading.. As you~ may recall, th~s,, re quest for first readin~ of the' ordinance' : ' Oi~dinance' g . amend the Comprehenmve Plan Fut0re Land Use Man from [.aw ns '~ ....... ( No. 000 15) to · . ~ ~ ~ ........ enmry ttesmenUat to umce Commercial was approved at the May 16, 2000 City Commissiofl i~eeting, staff re'commends that this request be approved. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BETitI*.SDA MEMO ~RI~L HOSPITAL (PARKING LOT ADDITION) Russell Morrison, Kimley-Hom & Assocmtes, Inc Bethesda Memorial Hospital Southeast comer of Sencrest Boulevard bev,veen SE 24m Avenue and extending south to SE 25t~ Avenue Request to amend the Comprehensive Plan Furore Land Use Map from Low Density Residential to Office Commercial. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A De p ~at D' ector "o' C[t~ Manager's S~gnamre ing and Zoning, ES~ctor City Attorney / Finance / Human Resources ORDINANCE NO. 0 00-/-~x- AN ORDINANCE OF THE Cl-rY COMMISSION OF THE THE~ CommiSSion , Florida has part of said Plan a Local of a Corn followed; Element has been it in the be~ interest of the inhabitant~ of said City to amend the aforesaid Element of the Comprehens ye P an as adopted by the City herein. NOW~ THEREFORE~ BE z'r ORDAZNED BYTHE cTrY COMMI'SSZON OF Section 1~. Ordin~.?nc~ !N~ 89r38 of:the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated ~ OffiCe: commercial- Said land is more.particularly described as follows: Lots 29 and 30 of HIGH POINT, Section 33, Township 45 South, Range :, Boynton Beach, Palm Beach County, Florida. Section 2; That any maps adopted in accordance with the Future Land Use Element' shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5; This Ordinance shall become effective 3! days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this //~ day of May, 2000. SECOND, FINAL READING and PASSAGE this day of June, 2000. C~I'Y OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner City Clerk (Corporate Seal) s:ca\ord\Bethesda Land Use Amcit. Requested City Commission Meeting Dates [] March 21, 2000 [] April4, 2000 [] April 18, 2000 [] May 2, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form M_u, st be Turned in tb City C elks 0ffic~ March 8. 2000 (5:00p.m.) Match22, 2000 (5r00. p.m.) April'5, 2000 (5:00 p m ) April 19,i2000 (5 oop.m:) Requested City Commission Meeting Dates [] May 16, 2000 [] June 6, 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.) May 17, 2000 f5:00 p.m.) June 7, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] PablicHearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation XI. LEGAL A. 3 RECOMMENDATION: Please place the request below on the June 6, 2000 City commission agenda under Legal - Ordinance Second Reading. As you may recall, this request for first r~ading o£the ordinance (Ordinance No. 000-16) to rezone from Single-family Residential District (R-IAA) to Office/Professional Commercial District (C-I) was approved at the May 16, 2000 City Commission meeting. Staff recommends that this request be approved. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BETI~SDA MEMORIAL HOSPITAL (PARKING LOT ADDYflON) Russell Morrison, Kimtey-Hom & AssociaTes, Inc Bethesda Memoria~ Hgspital Southeast comer of Seacrast Boulevard between SE 24t~ Avenue and extending south to SE 25~ Avenue Request to rezone from Single-family Residential District (R-1AA) to Office/Professional Commercial District (C-I). - PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~ D ~rd~ un ' ye opmant-Director Manager's Stgnature Planning and Zon~g~eator City Attorney / Finance, Human Resources ORDINANCE NO~ 0 00-/~ AN I OF ' Commissior~. of lipide Ci[~of B6ynton Beach, Florida las adopted :~i'dinance No. 91-70~ in ;~hich' a-ReUsed Zoning Map was ,: RussellqVlorrison, Kimley-Hom and Associates, Inc., as agent for I Memorial property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of/~ppendx A-Zoning, of the Code o[ Ordinances, Qb/of Boynton Beach, F or da,. ~r the PUrpose of mzoning a ~:ettain tra~' of land, said land Residential (P,-1AA) to Office and Professional Commen:ia[ (G-l); and WHERF.~_~ the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE cl-rY COMIVI[SS[ON,OETHE CITY OF BOYNTON BEACH, FLOR[DA, THAT: Section '~: The following described land, located in the Cib/ of ~oynton Beach~ Florida as set forth as follows: LOtS 29 and 30 of HTGH POINT, Section 33, Tewnship ,~5 South, Range ,t3 East, Boynton Beach, Palm Beach County, Florida. De and the same is hereby rezoned from Single Family Residential (R-1AA) to :)ffice and Professional Commercial (C-1). A location map is attached hereto as -:xhibit "A" and made a part of this Ordinance by reference. Attached as Exhibit ~'B" is a copy of the conditions/requirements for this rezoning, which are ncorporated herein. Section 2: That the aforesaid Revised Zoning Map of the City shall be ~mended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are ~ereby repealed. Section 4: Should any section or prowsion of this Ordinance or any )ortion thereof be declared by a cou~ of competent jurisdiction to be invalid, such iecision shall not affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. --IRST READING this /~ day of May, 2000. ~ECOND, FINAL READING and PASSAGE this day of.~une, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner City Clerk (Corporate Seal) s:ca\Ord\Rezoning Bethesda 050800 Commissioner XI-LEGAL ITEM A.4 ORDINANCE NO. 0 00-/~' AN ORDINANCE OF THE CITY COMMISSION OF THE BOYNTON BEACH, .FLORIDA AMENDING , ARTICLE 1. IN GENERAL, BY AMENDING SECTION 2-15. PER DIEM AND TRAVEL EXPENSE SCHEDULE, PROVIDING FOR AN INCREASE IN PER DIEM AND TRAVEL EXPENSES; PROVIDING FOR CONFLICTS~ ,SEVERABIL1TY, ~CODtFICAT!ON AN D AN ,EFFECTIVE :DATE. upen ~ecommendat on of staff~ the Cty Commission of the City of BoyntomBeach has deemed it robe in.the best interests of the citizens and residents of;-the City' of Boynton 'Beach to amend Chapter 2 Article 1, Section 2-15, Per diem and travel eXl~ense schedule; NOW THEREFORE, BE TI' ORDAI'NED BY THE C/TY COIVlMZSSTON OF THE CZTY OF BOYNTON BEACH, FLORIDA, THAT: Section 1, Chapter 2, Article t. Section 2-15 is hereby amended by adding the words and figures in underlined type and Dy deleting the words and figures in struck;through.type, as follows: 2-i5. Per diem and travel expense schedule. (a) Definitions. The following words... (d) Computation of travel time for reimbursement .... (2) A traveler shall not be reimbursed on a per diem basis ... .... 0 1.30 a.m. and I b. ,.Lunch, when travel begins before ~ ~'~' 1 · neon extends beyond 2:00 p.m. (e) Rates of per.diem 'and subsiStenCe a,llOwance. For purposes of reimbursement rates and methods ofc~/~Ulations~.. :(4) Me:als 0r~ly;::~Ai!'itl?avelers~rnay.-I~e a!l~ an amount for meals, Dinner,.~z~clvc dc ~ ($~2.00) fifteen dolars ~$~-5 00~ d. To~l fo~ .~en~.fou~, .hour period, ~ ~ ' 2 , 0 (3) a. ~e use of privately owned vehicles for o~ciat travel in lieu... ~e.L mileage allowance snail be at a rate not to exceed b. vcnb' ~ cents "0.25' ~enbf-nine ~nts ($0.29)per mile or the common cagier fare... So,ion 2 Each and eve~ other So,ion ~ Chap~r 2. Administration not herein sp~ifically amend~ shall remain in full-force and effe~ as previously enam~. Se~ion 3. All laws and ordinances applying to the Ci~ of Boynton Beach in confli~ with any provisions of ~is ordinance are hereby repealed. So,ion 4. Should any se~ion or provision of this Ordinance or any potion thereof be declared by a cou~ of competent jurisdi~ion to be invalid, such decision shall not affe~ the remainder of ~is Ordinance. S~ion 5.. AuthodW is hereby given to coai~ this Ordinance. City Clerk Section 6. This Ordinance shall become effective immediately upon FIRST READING this ~ day of May, 2000. SECOND, FINAL READING AND PASSAGE this day of ]une, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner 3 XL LEGAL A. 5 ORDINANCE NO. ~O 00 -/,6' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECtTiON 18r165 OF THE CITY ,OF BOYNTON BEACH CODE OF ORDINANCES, PROVIDING FOR MONTHLY ~. OF THE - CITY OF THE CiTY CODE PROVIDING AVERAGE FINAL OF THE ClTY FOR NORMAL 18-1~70 O1~~ WHEREAS, the Flodda Legislature ,ha~s. ~evised the requirements for police pension funds, receMngstate monies under Cha, pter 185, Florida Statutes; and WHEREAS, the~City of Boynton Beach Police Pension Trust Fund receives Chapter 185 moniesand is governed by the recen, t:amendments to Chapter 185. NOW~ ~THEREFORE, BE IT ORDAZNED BY THE CI'TY COMMZSSZON OF THE CITY OF:BOYNTON BEACH, FLOR[DA, THAT: Sectior~l. That Chapter 18~ Section 18-165 is hereby amended by adding the words and figures-in underlined type, and by deleting the words and figures in struck-through type, as follows: :~8.165. IVlonthly Retirement Income. The,amount, 0f,m0nthly ,retirement ~ncome payable to a ~olice man officer who retire~ on or after hiS normal, retirem~nt date sha ;e an amount equa to the number of,his years of:credited service mtJItiplied,by three percent (3) of his 'etirement~ income is a ereby amended by adding the words and figures in st uck-throughtype, as follows: ., . ~8.167. Disabili~ retirement benefits. (a) Service incurred. Any member who receives...Such benefit shall be payable on.the first day of each month, commencing onthe first day of the month following the latter to occur of the date on which the disability nas existed for three (3) months and the date the board of trustees approved the payment of such retirement income. A disability retiree may select from the optional forms of benefits available to service retirees ~ accordance with Section 185~161. Ir~ the event of recovery... The amount of disability benefit payment from the fund shall be reduced by any amounts paid or payable as disability benefits from ';;odCmc~,'s workers' compensation and the federal sodal security system._...The reduction for social security- shall, terminate upon the attainment of age sixty-five (65). The pension benefit mayonly be reduced to the extent that the total of the~benefitS from this Fund, werkers~ compensation and social secudty benefits exceed 100% of the disabled member's.basic rate of ~ar-nings on the date of disabil~b/.: Any condition or impairment of health of a member caused by tuberculosis, hypertension, heart disease, 'hardeninq of the arteries, hepatitis, or meninqococcal menincjitJs resultinq in total or partial disability or death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence. Any,condition or impairment of health caused directly or proximately by exposure, which exposure occurred in the active performance of duty at some definite time or place without willful neqliqence on the. part of the member, resultinq in.total or partial disability, shall be presumed to be accidental and suffered in the tine of dub/, provided that such member shall have JSUCCeSsfutly passed a physical examination upon entednq such service, which physical examination includinq electrocardioqram failed to reveal any evidence of such condition. order to be entitled to presumption in the case of hepatitis, meningococcal meninqitJs, or tuberculosis, the member must meet the requirements of Section 112.18~, Flodda Statutes. The final decision whether a member meets the requiCements for duty disability pension r~t~ with the board and shall be based on substantial competent evidence of the record as a whole. (b) ' - Nonservice incurred, ,An~y member.~,with ten (10) years of cont nuous service whO:;.under th s paragraph shall,'not exceed' fifty percent (5O)~of his average final compensation during said perod~ but irn all cases the benefit will be at least 25% of a:¢erage,final,~compensatiomdud~J, said p~d;-~Such: benefit, (g) ~,~ ,~Su~vivor's :,benefit. If any member with, at easl: ten (10) years of continuous service....It shall be payable in equal monthy installments commencing the first day of ,the month following the date of death and ceasing upon the death or remarriage of the spouse, i[f there is no, spouse, the, benefit~ if any, wilt be paid tn the deceased participant's estate. Section 3. That, Chapter 18, Section 18-168 is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: 18-168. Average final compensation defined, Average final compensation shall mean the average cash compensation exclusive Of bonuses and incentive pay received by a police officer during the best five (5) ........ ~"'~ _years of service with the city '"~'-~' ~,;'cra.3c within the last ten. Section ~, That Chapter 18, Section ~8-169 is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: 18.169. ~ Normal retirement date. The normal retirement date of each police officer will be the first day of the month coinciding with, or next following, the date on which he or she has attained and completed twenty (20) yea~s, of servic~ '~'~ n .... , -~, ..... ~ nr the first day of the month coincidinq with, or next followinq, the ;date on. which the police officer, has attained aae fifty,five (553 and completed ten i(10) years of service. Section 5. That Chapter 18, Sect on' 18-170 is hereby amended by adding the:wards and figures in under ined type, and by deleting the words and figures in struck-through type, as follows: Contributions. The contribution rate for police officers shall be ...All such pickup amounts shall be considerec as employee contributions for the purposes of this plan. All amounts so picked up shall be prc,..~,~ immediately deposited into the Boynton Beach Police Pension Fund. Section 6. That Chapter 18, Section 18 173 175 is hereby created by adding the words and figures in underlined type, as follows: Sec. 18-t75. False or misleading statements made ~ited. to obtain retirement (1~ ~t is unlawful for a person to willfully and knowingly make, or cause to b_~e made. or to assist, conspire with, or uroe another to make, or cause to be made, any. false, fraudulent, or misleading oral or~writter~,~tatement.o~ Withhold or conceal material information to obtain any:benefit, under this plan. (2) a, A'-person who violates~ subDaraoraph (1) commits a misdemeanor-of-the.tirst.deeree~-punishable-as previ~ed-!n su~ections 7?5.082 or 775.083. b. [n. addition to anyapplicable criminal penalty, upon conviction for a violation described in subparaqraph 1., a participant or beneficiary of this plan may, .in the discretion of the board of trustees, be required'to forfeit the riqht tn receive any or all benefits to which, the person would ~otherwise~ 'be entitled under this plan. For purposes of this sub-subparaqraph, "conviction" means a determination of auilt that is the result of. a plea or trial, reqardless of whether adjudication is withheld. Section.7: Each and every other Section of Chapter 18, not herein specifically amended, shall remain in full force and effect; Section 8. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 9. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this )rdinance. 6 Section ~L0. Section 11. FZRST READZNG this day of Hay, 2000. SECOND, FZNAL READZNG AND PASSAGE this CTrY OF BOYNTON BEACH, FLOR[DA Authority is hereby granted to codify said ordinance. The effective date of this Ordinance is December 31, 1999, day of]une, 2000. Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner City Clerk Xl. LEGAL A. 6 MEMORANDUM May 25, 2000 TO: Hooora~le Mayor and'C ty Comm ssion Kurt Br~ssnei:~ Cty Manager Chemf~ C ~ Attorney~J~ FROM: A. RE: State M ,anda~ed F re F ghter., PensionAmendme. nts Based 0 ~n,re~l,UeSts ~m th~ State of Florida who reviewed the Firefighter Pensio" Ordinahce;.~:r~e~e~ctfuli~ ~ueSt~hat tNe ¢ommiss on adopt the amendments a~ Pa~!0f ~,:2nd'Readin~?' JAC/ra~ Enc. ORDINANCE NO, 0 O0 - CITY Florida has: revised the requirements for firefighter pension funds,receiving state, monies:under Chapter 175, Florida Statutes; and. WHEREAS, the City of Boynton Beach Municipal Firefighters Pension Trust Fund receives Chapter I75 monies and is governed by the recent amendments to Chapter 175. NOW~ THEREFORE~ BE [T ORDA:[NED BY THE CITY COt4MISS[ON OF THE CITY OF~ BOYNTON BEACHt FLORIDA~ THAT: Section 1._ That Chapter 18, Section 18-~85 is hereby amended by adding the words and figures in Underlined type, and by deleting the words and figures in struck-through type, as follows: 18.~.85. Normal: Retirement Date. The normal retirement date of each firefighter will be the first of the month coinciding with, or next followi~gj the'earlier of the date on which such firefighter has attained and :c0mp eted twen~ (20) years of service reqardless of aqe or at fifty-five (55~) years of aqe with ten (10) years of service. There. is no age requirement for a normal retirement. Section2, ,That Chapter 18, Section 18-180.! is hereby amended by adding the words and figures_ n underlined type, and. by deleting the~wOrds and figures in struck-through type, as follows: · ~8.:L80. :L Computation of monthly retiremenl; income i~ ~e, instance of early retirement. The benefit payable for early retirement shall be the same as determined for normal retirement, as set forth in section 18-180, less ,~vc (5) three (3) per cent for J each year or portion thereof... Section 3. That Chapter 18, Section ~8-~82 is. hereby amended by adding the words and figures in underlined type, and by deleUng the. words and figures in struck-through type, as follows: i8.182. Disability retirement benefits. (a) Service incurred. Any member who receives a medically substantiated service connected ... The reduction for sodal security shall terminate upon the attainment of age sixty-five (65). For purposes of compliance with Chapter 175, Florida Statutes, service incurred disability benefits shall not be offset below 42% of averaqe final compensation. (b) Non-service incurred. Any member with ten (10) years of continuous service who receives a nonservice incurred injury...prc;~dcd, hc'::cvcr, thc ma×imum Such benefit shall be payable on the firs~ day of each month, commencing on the first day of the month following the latter to occur of the date on which the disability has existed for three (3) months and the date the board of trustees approved the payment of such retirement income. For purposes of compliance with Chapter 175, Florida .Statutes~,~e minimum nonserv~ce ncurred,d~sabihW .benefi~shall be 25 )/o o averaqe final ,comoensation. · ~: (h) Payment options. Disability', r~etir'ees shall be.ent'~tled tc choose any op~ion.atif~ rm.o,:oa,men, Provided :~.~75 ~ ~7:l~.i~!d~ Statutes .... ~On ~. ~at chapte":~8,~ ~8'$83..is hereby amended by adding ~e~.we~:aAd~::figums~in....and~lin~,~ and~ ~eleti~.the~wo~s and figures in struck-through type, as follows: defined.. bonuses.,and-incentive pay:received by a: firefighter during the five (5) ccnsccutivc years of service with the city, within the past ten years, which prOduces the highest average. Section 5. That~ Chapter [8, Section [8-186.is hereby .amended by adding the words and figures in underlined type,, and by deleting the words and figures in struck-through type, as follows: 18.186. Payroll deductions; ~State andCity Contributions. The City of Boynton Beach shall deduct from all fireflgnters entitled to the benefits of the article, ... Said amount shall be so deducted and ~e deposited to the Boynton Beach Fi'remen's Pension Fund. Payroll .deductions shall be deposited in the trust fund immediately, after each Day oeriod. Any monies rece~/ed or receivable by reason of laws o~ the State for the express ourpos~ of fundinq and payinq for retirement benefits for firefiqhters of the City shall be deposited in the trust fund compdsinq part of this plan, Any such amount shall be deposited in the fund immediately, and under:no circumstances more than five (5) days after :receipt by the City. The City shall make annual contributions to the trust fund, as needed, in an amount at least equal to th~ difference each year bet~veen the total member contributions plus s~di~ contributions for the year, less the total cost for the year as shown by th~, most recent actuarial,valuation for the system~ ,The Citys' contribution, if s~ required, shall be deposited on at east a quarterly basis. Section 6. That Chapter 18, Section 18-179 is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: 18-179. Application. All other provisions of Chapter 175, Florida Statutes, shall meet all the requirements and be fully' applicable, except for the provisions of this article, to the City of Beynton Beach Hunicipal Firefighters Pension Trust Fund. The incrbased benefits in the same percentage of increase as provided for by this article shall apply to all firefighteds now receiving retirement benefits and all firefighters eligible for retirement benefits but not now retired, under the prov sions of the City of Boynton Beach Municipal Firefighters Pension Trust Fund, Chapter ~L75, Florida Statutes. A retiree receivinq a ioint and survivor form of benefit shall be permitte. I to chanqe his or her beneficiary, as provided in Section 175.171 and 175.333, Florida Sta utes. Section 67__~.. Each and every other Section of Chapter 18, not herein specifically amended, shall remain in full force and effect. Section ~ 8. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 89. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent urisdiction to be invalid, such decision shall not affect the remainder of this ordinance. ~ AuthoritY shereb¥ granted to codify said ordinance, · . ~. ~.. The effe~Ne,~ :dat~ of ~is-OrdinanCe is December 1999~ · dsy: ef Ma¥,~ 2000. day of 3une, 2000. CITY OF:BOYNTON:B~ACH, FLORIDA ViC~ ~a¥or M~yo~ Pro Tern Commissioner A'I-rEST: Commissioner City Clerk SERVICES Mr. Mike Smollon, Chairman Boynton Beach Fire Pension Fund Posz Office Box 310 Boynton Beach, Florida 33425-0310 Dear Mr. Smollon: This is to acknowledge receipt from Barbara LaDue of an actuarial impact statement and proposed ordinance implementing a DROP for your Firefighters* Pension Plan. Please provide a copy of this ordinance when final. Also, Bob Klauaner's office submitted a copy of both his and the actuary% review oftha plan in light o~ the provisions of Chapter 99-1, Laws of Florida, along with a proposed ordinance making the necessary changes. In r~viewing the ordinance to determine compliance with the provisions of Chapter 175, Florida Statutes, please consider the following: Page 3, Section t8-82, "Disability retirement benefits," the new language that has been added with regard to the offset should be clarified to state that for purposes of compliance with Chapter 175, Florida Statutes, disability benefits shall not be reduced below the greater of 42% (in the case of service disability) or 25% (in the case of non- service disability) and two percent (2%) of average final compensation times years of credited service. Additionally, a provision should be added to allow disability retirees the opportunity to choose an optional form of payment as provided in s. 175.171. Page 4, Section 18-186, "Payroll deductions; Emnlovee, State and City Contributions" (emphasis added), should be clarified to state that "Payroll deductions shall be deoosited in the Irnst fund imm~diateh, .-a .._~... -"-'-'-'~" ................... ,~, --~. aide each a- eriod. The five days apphes only to the state contributions. Additionally, a provision must ha added allowing a retiree receiving a joint and survivor form ofbanefit to change his beneficiary as provided in ss. 175.171 and 175.333, F. S. Please provide our office with a copy of the final ordinance incorporating the clarifications noted above, along with an actuarial impact statement. In accordance with s. 175.381, any plan changes made in compliance with Chapter 99-1 should show an effective date of no later than December 31, 1999. We would like to invite the board members and others involved in the administration of your plan to the Division's Annual Pension Conference on October 16-18, 2000,/n Orlando at the Four Points Sheraton Downtown. The first Telephone (850) 922-0667 *Suncom 292-0667 * Fax (850) 921-2161 ~ Pater Mr. Mike SmoLIon May 12, 2000 Page two C day is designed for new trustees and at 1-877-844-3220. Sincerely, the ing (407) 841-3220 or toll-free in this matter. If you have any questions, please contact our office. pfs Division of Retirement Requested City Commission Meeting Dates [] March21. 2000 [] April 4, 2000 [] April 18,2000 [] May 2, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Xt. LEGAL A. 7 Dale Fin~/Form Must be Turned Requested City Commission in to City Clerk's Office Me~ting Dates March 8, 2000 (5:00 p.m.) [] Ma~, 16, 2000 March22, 2000 (5:00 p.m.) [] June 6. 2000 April 5, 2000 (5:00 p.m.) [] lane 20, 2000 April 19, 2000 (5:00 p.m ~ [] Jul) 5, 2000 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Almouncement [] Date Final Form Must be Turned in to Cltv Clerk's Office May 3, 2000 (5:00 p.rm} May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place the request below on the June 6, 2000 City Commission agenda under Legal Ordinance - Second Reading. As you may recall, this request for fa*st reading of the ordinance (Ordinance No. 000-20) to establish the rear setback for above-g~ound swimming pools as 10 feet was approved at the Mayl6, 2000 City Commission meeting. Staffrecommands this request be approved. EXPLANATION: PROJECT: ABOVE GROUND SV¢IMMING POOLS AGENT: Michael Rumpf/City of Boynton Beach DESCRIPTiON: Request to amend Land Development Regulations, Chapter 2, Section 1 I(E) Swimming Pools to establish the rear setback for above-grotmd swimming pools as l0 feet. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Depa~tm~nfbf D[valopman~irector City Manager's Signature Plannin~ and Z~ D~rector City Attorney t Finance / Human Resources ORDINANCE NO. O 00-~,o AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2~. ZONING. SECTION ~ ll IE) SWIMMING POOLS, TO EXCLUDE ABOVE GROUND POOLS FROM THE MINIMUM REAR SETBACK, FQ~ ~ ~RUCTqP~ ~ ~ ~, ,~ ~-,~i~B~ I SH~ .... CODIFICATION,:,: ~ONFLIeTS:,' S~'EP~ILITY, mm ANE FECTIV DATE. the CiZ[ C~mmisszon of t~ City of Boynnon Be~ch Florida hasj determined than it is in the besm of the citizens and residents of the City no exclude above ground pools from nhe minzmum rear setback for strnctures~and to establish the minimum rear setback for above groUfid pools an i0 feet; NOW THEREFORE, BE IT ORDAINED BY THE CITY CO~4ISSION OF TPLE C~TY OF BOYNTON BEACH, FLORIDA, THAT: Sectmon 1. Chapner 2, Zoning, Section I1.E Swimming Pools ms hereby amended by adding the words and figures zn mderlined type, and by deleting the words and figures zn suruck-through type, as follows: E. SWIMMING POOLS. Swimming pools shall be located, designed, operated and ma~nnained in accordance with the city swimming pool ordinance and shall be subjec5 ~o ~he approval of the developmen~ department. No swimming pool shall be constructed closer than eight (8) feet from any property line and. except that above ground swimming pools shall mee~ a ~en '10) foot rear setback. All other setback requ~remenns for the applicakle zoning district shall apply above ground pools. No swimming pools shall be built in front of the buitdlng line. On corner lots, pools will comply with the corner lo~ setback requirements of the applicable zoning district. Location of abova grcund pool~ chatl oompty with building setback raquiramcnm_ Section 2. All laws and ordinances applying to City of Boynton Beach in conflic~ with this ordinance are hereby repealed. Section 3. Should any section or Ordinance or any portion thereof be declared competent jurisdiction to be invalid, such non affect the remainder of this Ordinance. Section 4. This Ordinance shall immediately. FIRST READING this /~ day of May, 2000. sEcoND, FINAL READING AND PASSAGE this June, 2000. any provisions the of provision of this by a court of decision shall become effective day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ATTEST: City Clerk Requested Civy Commission Meeting Dates [] March 21. 2000 [] ApriI 4, 2000 [] April 1_8, 2000 [] May 2, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL ITEM B.1 Date Final Form Must be Turned RequestedCity Commission int~ Ci~ Clerk's'Office Meeting Dates March 8. 2000 (5:00p.m.) [] May 16,2000 March 22, 2000 (5:00 p.m_) [] June 6. 2000 AprilS, 2OOO~(5:OOp. m.) [] June 20, 2000 April 19. 2000 (5:00 p.m.) [] July 5, 2000 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Announcement [] Date Final Form Must be Fumed into CiW Clerk's Office May 3, 2000 (5:00 p.m0 May 17, 2000 (5:00 p.m.) Iune 7, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) Development Plans New Business Legal Unf'mished Business Presentation RECOMMENDATION: Please place the attached ordinance, pertaining to the request below on the June 6, 2000 City Commission meeting agenda trader Legal- Ordinance 1 ~ reading. This request to amend the Comprehensive Plan Future Land Use Support Documeat Planning Area 1 .p., to support the reclassification from Local Retail Commemial land use to Special High Density Residential, was approved atthe December 21, 1999 City Commission meeting for transmittal to the State. The State has completed its review of this proposal, and their objections are being addressed with additional information intended to clarify the location of the subject property in proximity to the Coastal High Hazard Area. The amendments may now be adopted end returned to the State for f'mal compliance review. Staffcontinues to recommend that this request be approved. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Villa Del Sol Bradley Miller Grove Partners Limited Intersection of Federal Highway (US 1) and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Support Document Planning Area 1.p., to support the reclassification from Local Retail Commercial land use to Special High Density Residential to encourage development and revitalization of this area of the City. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Depart~enff6f D~vel~pme~t Director and Zon~a~ Director Ctty Manager s Stgnature City Attorney / Finance / Human Resources J.~SFIRDATA~PL&NNING~SHARED\WI~PROJECTSWILLA DEL SOL CPTA & LUAR~AGENDA REQUEST FOR CC 6-6410 DOC ORDINANCE NO. O 00- -AN ORDINANCE OF THE CI.TY COMMISSION OF THE CITY OF. ~OyNTON' B~CH, FLORIDA AMENDING THE TEXT OF THE FUTURE LAND OF: THE WILL USE RI FOR WHEREAS, Bradley D, Miller, as Agent ~or Grove Partners, Ltd., owners of the project' P, nown,.as Villa del So[[, has requested anamendment to therFuture Land Use Map for a16 acre pamel of land, located at~ the Northwest corner of the intersection of Federal Highway (US 1) and Old Dixie Highway (located within the expanded CRA area), from Local Retail Commercial to Special Higli Density Residential; and WHEREAS, the City Commission of the City of Boynton Beach adopted in 1989 a Comprehensive Plan and Element by Ordinance 89-38 in Comprehensive Planning Act; and as part of said Plan a Future Land Use accordance with the Local Government WHEREAS, the Future Land Use Element contains the Section VIII. Land Ise Problems and Opportunities which, in part, indicates the basis for land use lassifications for selected properties as shown on the Future Land Use Map; and WHEREAS, the Future Land Use Element, Section VIII. Land Use )roblems and Opportunities, recommended the Local Retail Commercial Land .Ise Classification for Planning Area 1.P, consistent with an approved development plan which is now expired; and WHEREAS, the Special High Density Residential Use Classification has been established to support the redevelopment of infill lands within the City's coastal area and the subject project represents an infill development on 16 acres within the coastal area of the Community Redevelopment Area; and WHEREAS, after public hearing and 'study, the City Commission deems it in the best interest of the inhabitants of said City to amend the text of the Future Land Use Element of the Comprehensive Plan as adopted by the City herein. NOW THEREFORE, BElT ORDAINED BY THE CITYCOMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The portion of the Future Land Use Element entitled Land Use Problems and Opportunities, Planning Area 1P. is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck through type, as follows: 1 .p. Parcels at Northwest Corner of U.S. I and Old Dixie Highway. Due to the limited demand for commercial floor space along this segment of U.S. 1., an initial recommendation of the Comprehensive Plan adopted in 1989 was +~ ~'.-~*~ ~ ........ , =~ .... , ~.~.~,r ...........~.~ .................. ~ ..................... ~ ...... · ................ that these pamels be taken out of the Local Retail Commercial land use category, and placed in the Special High Density Residential category. -. - ., : - ...................................... ~,j. This recommendation was not enacted because a site plan and construction drawings for a shoppinq center on this site have been approved by' the City. The shopping center has not been developed and the site plan and construction plan approvals have expired. Therefore, these parcels should De taken out of the Local Retail Commercial land use cateqory and placed in the Special Hi.qh Density Residential cateqory tn encouraqe development and revitalization of this area of the City. Section 2. All laws and ordinances applying to the City of Boynton Beach ~n conflict with any provisions of this ordinance are hereby repealed. Section 3. Should any section or prowsion of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4. Authority is herebygranted to codify said Ordinance. Section 5. The effective date.of this Ordinance shall ne the date a final order is..issued by, the:.Department of Commun!ty~ Affa!m finding this Text amendment to be in compliance m accordance with Chap~ter 163.3184, F.S.; or the date a final order is issued by the Administration Commission, f'mding said amend~ ,ept, to be, in,,_c0~.mp~[iance ir~ aCPQrdance'with~Ghapter ~J63,,318~.,-F.S~ The notice of comp ance f during the 21 day per od no pet tions a?e filed ,challenging the amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "A" and made~a part of this ordnance by. reference. FIRST READING this day of , 2000. SECOND, FINAL READING AND PASSAGE this day of 2000. CITY OF BOYNTON,BEACH. FLORIDA &TTEST: City Clerk Mayor Vice, Mayor Mayor Pro Tem Commissioner Commissioner Non EAR-Based Amendment Future Land Use Map (FLUM) Amendment (LUAR #99-005: Villa Del Sol) Objection. The amendment does not-restrict development activities where such activities do not protect, human life by directing population concentrations away from known or predated coastal high hazard areas. Additionally, the proposed,amendment intemaltf ~inC'0nsistent with P~liCy 1A2A of the Furore Land Use Element of the City s comprehensive plan which requires the City to obtain written approvals from the Palm Beach County Division,of Emergency Management and the City of Boynton Beach Risk Manageraem Officer, pri~r, to approving any, increase in reSidentiai :densities in the Hurricane Evacuation Zone...ifthe proposed d~nsity would result in un,increase of SO or more dwellings." The City has not supported the proposed it*LUM admendment with ~ pu~cu r,l~.vt .am, anamea~ wtm Objective 7.6 of the Coastal Management Etemem of its .comprenen?ve plan; regarding the City's commi~ent m maintain or ~educe' current an~eLev~u ~.: ~on, ~ ,t~mes if. ,devalo_pm. ent;incr~asesin the coastal, high-hazard .o~}.~j~u~ ?~ly;-..~_~:,c[r7 ma :n~t?r,o~.ae ,m~al.y.s~is. of~? projected~.',tmpact ~f::ami¢ipateU, v l~m,~uu,~ ~2~i o/iyme-proposea aaaltional l ~-a dwelling ~.~.Jt.s, and Pofential..evactiafioa ~;3~...s of thee population on hurricane evacuation ~Iauning~; .3177(6)(g)7; 163:31770)6; & 163.3178(I), F. S. and Rule ~J-5.005(2)(a), 9J- 5.005(5); ~-5:012(2)(e)I., 9J-5.012(3)(b)6. & 7.; and 9J-5.019(3)(c), F. A. C.] Response. City staff made two errors in its review comments on the application for amendment. The first was to reference the location of the amendment as being a part of Map location #16 in Table 24 of the Coastal Management Element. The referenced map location is on theeast ofU. S. Highway 1, while the subject parcel is on the west of that thoroughfare. In an early draft of support documents for the Coastal Management Element, the subject property was identified as Map location #17 and corresponding policy direction in Table 24 provided setback requirements for development of the site under a Special High Density Residential designation. The map and policy references were removed from the final version of the support documents when it was decided to recognize the. development order in place for the property in I989 and maintain the commercial land use ~eSignation on th~ site. Staff's second error was to recommend that the proposed amendment would be forwarded to the County EMD for review. This is required when a site is located within the Hurricane High Hazard Zone and impacts of the increased density reach thresholds established in the Land Use Element of the Comprehensive Plan. While the parcel is within the' City's adopted Coastal Planning Area, it is west of the line delineating the Hurricane High Hazard Zone. It is staff's understanding that under Rule 9J-5.003(18), F.A.C., the coastal planning area does not need to be coterminous with the Coastal High Hazard Area so long as all of the Coastal High Hazard Area is included within the planning area. Emergency Support Function 18 - PUBLIC SAFETY of the Palm Beach CounW Comprehensive Emergency Management Plan details the geographic areas contained within each Traffic Evacuation Zone for hurricane evacuation. The boundaries for each zone axe repeated from the TreaSure Coast Kegional Hurric~ane ~-va.cu.atio~ ~dY: Z°n.es l 1 12 .anff' t3 eiieompass akeas Of:the~City: of Bo:ynton l~eacn~ l~oweye~fme'zone in ' ' ........ uth close~stpro~.tothesubjeetl~arcelisZonei3. [tsb:o~danesare,d~scribed.~tS° ~- Oceam"t .Ev~¢u~tion.;Zone' 13: iS ¢lassii~ed :as the S tom~ S~ge: ~uinembte- ~o, ne .mr ' hurrl&anes.;(Sea Attachment A) ': ' 80¥NTON L "I LEG~NO ATTACHMENT A / l iBOYNTON BEACH COASTAL NANA~EkfENT ELEktENT -96- NALT~ H. KELLER JR.. INC. ~on~uYtln~ ~n~inee~s $ Planne~ Cot'aY SDrin~$. Flot'i~a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM X. -LEGAL ZTEM B.2 Requested City Commission . Date,l~inal Foqn Must be Turned Meeting Dates : ~ : ~fi to city Clerk q Oilice Requested C~ Commission Date Final Form Must be Turned Meeting Dates in to Ci~ Clerk's Office [] March 21, 2000 [] April 4, 2000 [] April 18. 2000 [] May 2, 2000 NATURE OF AGENDA ITEM March, 8 2000 (5:00pm) [] May i6,2000 March 22, 209~.(5:00 p.m ) [] June 6, 2000 ApriiS, 20~O.~5:OOp.m) [] Juite ~0, 2000 7q~i~!I9, 2000~ (5:00 p.m.)' ,. ~ []~ July 5 2000 [] :Administrative ~ f-] ~ C~ant Agendm. ~1w']: P,~blie Hearing [] Bids ' [] Announcement May 3, 2000 15:00 p.m.) May 17, 2000 (5:00 p.m.) June 7, 2000 [5:00 p.m.) Juno 21, 2000 (5:00 p.m.) [] Development Plans [] New Business [] Unfinished Business [] Presentation RECOMMENDATION: Please place the attached ordinance, pertaining to the request below on the June 6, 2000 City Commission meeting agenda under Lega! ?-Ord~anc~ ~*~ reading. This request ~o amend the Future Land Use Plan from Local Retail commercial to Special High D6nsi/y'ReSidential was:approved at the December 21, 1999 City Commission meeting for transmittal to the State. The State's objections are being addressed with~addltional info.rtnation intended to clarify the location of the subject property in prox/mity to the Coastal High Hazard Area. The amendments may now be adopted and returned to the State for final compliance review. Staff continues to recommend that this request be approved. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Villa Del Sol Bradley Miller ~ Grove Partners Limited InterSection of Federal Highway (US 1) and Old Dixie Highway Request to amend the Future Land Use Plan from Local Retail Commercial to Special High Density Residential (20 dwelling units/acm). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Depdrffnefft of Development Director City Manager's Signature Plarmiflg ~d Zo~i6~ IJ'trector City Attorney / Finance, Human Resources AN THE WHEREAS, the City Commission adopted a comprehensive Future Land Future ORDINANCE,NO. 0 00- )F THE OF THE , Florida has WHEREAS, the procedure for amendment ora Future Land Use Element of a Comprehensive Plan as set forth in Chapter 1633 Florida Statutes., has been followed; and it in the best interest of the inhabitants of said City to amend the aforesaid Element of.the Comprehens ye P an as adopted by the City herein, NOW, THEREFORE, BE 11' ORDAXNED BY THE CTrY COMMISSION OF THE CITY OF iBOYNTON BEACH, FLORXDA, THAT: Section 1 :- 89-38 of the City s hereby~amended to reflect the following: ~ That the Future Land Use of the following described land shall be designated as Special, High Density Residential (20'dwelling units/acre). Said land is more particularly described as follows: See Attached Exhibit "A" Section 2: That any.maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinanceso~pa~tS of ordinances in conflict herewith are hereby repealed. Section 4: Should any Section 6r prOVision of thisOrdinanceor any portion thereof be dedared tO be inValid, ~$~ch idedsion unless challenged; order finding FIRST READING this 2000. day of.3une, 2000. SECOND, FINAL READING and PASSAGE this. · day of GITY OF BOYNTON BEACH, FLOR[DA final City Clerk (Corporate Seal) s:ca\ord\Villa Del ~ol Land Use Amdt. · ~Mayor ~ice Mayor Mayor Pro Tem Commissioner Commissioner 1.~n~ Of ~Lne ATTACHMENT A BOYNTON BEACH COASTAl IqANABb~4L~IT E£Et4ENT FIr'URE Iq - HURRIOANE EV4CUATION ZONE NALTE~ H. KELLEI~ JR.. INC.. Cot,aY ~neln~ Fluel#a Non EAR-Based Amendment Furore Land Use Map (FLUM) Amendment ~LUAR #99-005: Villa Del Sol) ~here such activities c known or internally i Beach more suc~ needs 163. that Element, were reco Staff's second fonvarded the Hurricane :.High within the F.A.C. Haza.rC planning area. would be within the tS), the Emergency Support Function 18 - PUBLIC SAFETY of the Palm Beach County Comprehensive Emergency Manaqement Plan details the geographic areas contained within each Traffic Evacuation Zone for hurricane evacuation. The boundaries for each zone are repeated t~0m the Treasure,Coast~Regional Hurricane Evacuation Study. Zones 11, 12 and :13 encompass areas Of th~ Cky of Boynton Beach; however, the zone in closest proximity t9 the subject parcel is Zone 13. Its boundaries-are described as, "South of Ocean Avenue, east ofU. S. 1, north ,of Gulf Stream Golf Course, west of Atlantic Ocean." Evacuation Zone 13 is classified as the Storm Surge Vulnerable Zone lbr all hurricanes. (See Attachment A) HTh&subject p~el is located west qf~U.S., ~ighway 1~ and therefore is not within the' cane Him Hazar~ a~ea~: defm~d ia Rifle 9.L5 003(17), F ~.C. as '!the evacuation zone for a Cat~gory 1 humcane as.estabhshed~ m the regional humcane evacuan0n study applicable to' th~ lo~al gove~nt" - The subject property.is ~g~Traffic. Evacua~on Zone 43 whicl~ is not listed even as a Storm Surge Vulnerabt~n~ for Categorieg~ 4 and 5 hurricaries. It is presumed, therefore,~thaI development(3~}~e parcel will n0~ impact the evactmtion times or potential evacuatiq~,needs o£:the'p, gp~on; nor will it impact the demand for hurricane shelter sp~ce in the event o~a Cat~g~r~ 1 hurdcane. ATTACHMENT ,A ~ L, 1 ..... --_-j i LEGEND N.T.$. BOYNTON BEACH COASTAL klANA£E/4ENT ELEk/ENT ~ALTER H. KELLER JR., INC. Consult~n.~ Engineers $ Planners FIGURE lg - HURRICANE EVACUATTON ZONE Ceral 5'z~in.~.~. Fler.f#a Requested City Commission Meethag Dates [] March 21, 2000 [] April 4, 2000 [] April 18,2000 [] May 2, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM X[-LEGAL ITEM B.3 Date Final Form Mu, st be Turned in to City Clerk s 'Office: MarclrS, 2000 ~5:00 p.m.) M~reh 22, 2000 (5:0(3 p.m.) April 5,~2000 (5:00 p,m / Requested City Commission Meeting Dates [] May 16,2000 [] June 6, 2000 [] June 20, 2000 Apri119, 2000 (5:00 p.ln.) . ' [] JU y 5,2000 [] Administrative [] [] Cons_ent Agenda ~ [] [] Public Hearing [] [] Bids [] [] ~mounc~enl [] Date Final Form Must-be Turned mro City ClerWs 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.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please ptace the attached ordinance, pertsining to the request below on the June 6, 2000 City Commission meeting agenda under Legal - Ordinance P~ reading. This request to rezone from C-3 Community Commercial to R-3 High Density Residential was approved at the December 21, 1999 City Commission meeting for transmittal to the State. The State's objections are being addresse? with 9dditional information intended to clarify the location of the subject property in proximity to the Coastal High Hazard Area: The amendments may now be adopted and returned to the State for f'mal compliance review. Staffcontinues to recommend that this request be approved. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Villa Del Sol Bradley Miller Grove Partners Limited Intersection of Federal Highway (US 1) and Old Dixie Highway Request to.rezone from C-3 Community Commercial to R-3 High Density Residential. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ty Manager s Sagnamre Planning an~t Zonin~ector City Attorney / Finance'/Human Resources AN ( ORDINANCE NO. 0 O0- THE CITY COMMISSION OF AS -a~' THE AND WHEREAS, the:City Commission of the City of~oynton Beach, Florida has adopted,,Ordi~ ~No. 9~.-70, in-which :a ;Re. vised Zoning Map was ,WHEF particularly describ~dhereinafter ~Petitibn, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ord!?nces, City of Boynton Beach, Florida, for the purpose land, said land being more :~particutarly. described Community Commercial to :R-3 High Density Residential; rand WHEREAS, the City Commission deems it in the best interests of the inhabitants of said Qb/ to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW,..THEREFOREf BE ZT ORDAZNED BY THE CZTY COMt4ISSI'ON OFTHE CZTY OF BOYNTON BEACH, FLORZDAf THAT: Section I: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: See Attached Exhibit"A" ,be and the same is hereby ~zoned C-3 (Community Commercial) to R-3 High Density Residential. A Iocat!on map is attached hereto as Exhibit ,,B,, and made a /part of this Ordinance by reference, Attached as Exhibit "£" ~ n ~'nnv ~¢ ~-h~ iconditions/reqUirements fO; this rez°h;ng, which are ,"corporat-ed~e~ei-n-~' v. ,... Section 2: That: the a~oresaid Revised Zoning Map of the City shall, be amended accordingly. Section 3::~. AILordinances.o~ parts of ordinances in conflict hereWitl~ are hereby repealed. Section ~; decision shall Section 5: passage. FIRST READING this ,Should any secMon or provision ,~l~; this Ordnance or any :ornpetent-jurisdi,..~bn to be nval d, such is Ordinance; " This ordinance shall become effective ~mmediately upon __day of June, 2000. SECOND, ~NAL READ~IG and PASSAGE this ;day of Jane, 1998. CI'I~Y OF BOYNTON BEACH~ FLOR.tDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner A'I-rEST: City Clerk (Corporate Seal) s:ca\Ord\Rezoning Villa Del ~f ~.he Sou~:he4:s~:~ (~.izc~* SeCcAon EXHIBIT ,~ LOCATION MAP Woolbright Road ... Golf Road/SE 23rd Ave. VILLA DEL SOL LAND USE AMENDMENT APPLICATION EXHIBIT "C' Conditions of Approval Project name: VII.LA DEL SOL File number:. CPTA # 99-002 Reference:.FutureLand Use Text Amendment applicatioml~revared by Miller Land plannin~ Consultants, Inc. dated October 1, 1999 DEPARTMENTS '; .... · ..... ~" [NCLUDE REJECT PtmUc wo~s . C~m~enl~: None Commen~: None Commen~: None POLICE . ' Commenm: Non~, . Commenm: None B~D~G D~SION Comme~. ~o~ C0mm~en~: Non* Comm~n~: No~ PLUG ~ ZO~G ~mments: X getS'ac~ b~ed 0n pmj~t heist: a) No~ sido adjacent to residential district only l) 1 sto~- 40 feet 2) 2 stories - 45 feet DEPARTMENTS INCLUDE REJECT 3) 3 stories- 60 feet 4) 4 stories - 100 feet b) South side, adjacent to residential district on!y~ , l) ~ st°~Y = 40 fe~t 2) 2 stories-40 feet 3) 3 stori~s- 75 feet 4~ 3S stori~ -'100 feat 2. The perimeter lands~eaping on the north ant[ south sides shall include at mi~ii~um; a h~ag,, ! 6~i6PY~ spaced no greasier th~20 feet, and addit[onal;Ia~ids¢~ip~g ?f,~hg height pla(ed 6~tWeen trees. The 'a.asca~ing ta b~ ~l~a ~l.;~ ~ ri~-0r~wa~:~hal, inolude ser~ntine. berm ~n~i~ti ~¢O~bina~ion'ofP~nddeeiduot~anopy trees ~len's~lj spa~edi~With'ia diversity of plarit materials from ground ~overs ' at ~a~'Yin~'~he~gh~:p!'a~ed within ffie buffer. '- - ~ c~ · 3. Signage s~!~becompa~[ble~in sCale),with~adjaeen~reside~tial properties and be fle~i~'~lliri ¢~junctio~.~. W~th materi~lsto be repeated-along perim~;rAu~.~ ~: R~; ~en~ elerae~"ts; ~matl~ mgnu~ ent 't'eatt~es~ e~¢;..: ADDITIONAL~P~O-~AN~ DEME~oPMENT B OAR~ CONDiTiONS, 4. None . , · , - ADDITIONAL CITY COMMISSION CONDITIONS 5. To bedetermined: MWR/dim ~ · Non EAR-Based Amendment Furore Land Use Map (FLUM) Objection.~ The activities do not under s ch ~om is the Staff's second ;error the [ amendment would be is located within pl~g area. 18), the Emergency Support Function 18 - PUBLIC SAFETY of the Palm Beach C_~_~_~ Comprehensive Emergency Man~qement Plan details the geographic areas contained within each Traffic Evacuation Zone for hurricane evacuation. The boundaries for each zone are repeated frqm the Treasure Caast Regional Hurricane Evacuation Study. Zones 1 I, 12 and 13 encompass areas Of the C~ty 0fBoFnt0n 'Beach; however, the Z~e in closest proximity to, the subject parcel is Zone 13. Its boundaries are described as, "South of Oce,an Avenue, east of U. S. t:, north 0fGulf Stream Golf Course, wes~ of Atlantic Ocean. Eva~cuatiOrI Zone, 13 is classified:as the Storm Surge Vulnerable Zone for all hurricanes. (S~e A~ta~hment A) The subject p~el is located west o,,f ~S. ,Highway 1~ and therefore is not within the Hurricane Hill Hazars[ .,.,a~ detSnea ~ R~ie 9S-5.003(17), F.X~,C. as "th~-eVacuatiOn zone fora category I h~e as establish&tin ~e~regional hurricane ~vac~on study applicable to the lOCal The subject pr. gp~rtY.is ~/thi.'~Traffic Evacuation Zone 43 which-is not listed even .as a Storm surge~Vut~er~bI~(Z,6~/~ for categorie~ ~4 and 5 hurricanes It is presun'/ed, therefor, e, thatl ~.eV~e e parcet wi!i riot impact the evacUation times or potential evacuaUon needs of the: ; nor will it impact the demand for hurricane shelter space in the event ora C ~ hurricane. ATTACHMENT A ~I LESEh'0 .... CZ'Pt LZN'rTS ~ J"~'~C,U'~E EVAC~AT~0~ ZONE BOYNTON BEACH COASTAL t4ANA£Et4ENT ELEI4ENT FIGURE 39 HUrrICANE EVACUATION ZONE -95- N.i.E. ~ALTE~ H. KELLER JR., INC. .~onsult.~ng Eng4nee~s ~ ORDINANCE NO. O'00- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLO~DA AMENDING LAND DEVELOPMENT REGULATIONS, ARTICLE II,. IN BY THE, 'Cl'TY AND ~ADJACE~ TO 1-95 AS A CONDITIONAL :OR MINIMUM CONDITIONS; CODIFICATION, CONFLICTS, SEVERABILITY; AND AN EFFECTIVE DATE. outdoor advertising Xl. LEGAL B. 4 signs, are the City of Boynton Beach, Flodda the citizens and residents of the districts owned by the City and BY THE cTrY COMt4TSSI'ON THAT: Section 3. Of the LDR is hereby ~0rds~ a~ iR;underlined type and by deleting the ck-thmu I~ ~fl;l~ ,as fo ows. ~.E~EM ~. DiPROHIBITION$ Section 3. Prohibitions. The followingsigns and related equipment are prohibited in all districts: Off premises signs, except those permitted under Article III, Section 6 or Chapter 22, Article II, Section 7, Paragraph O and Article 1! Section 3, ParaaraDh W. W, Billboards The term billboard, as used in this Chapter shall mean asian used for:outdoor adve~isinQ as defined in .Cha~er 479, Florida Statutes. Bill ords are r°h,bited in all zonin d;st._r, iCtS in the ~Citv e~ce~t Public U~qe~,DiStrictS and~then,~ionlwas a conditional Section 3. All laws and ordinances applying to the City of ~nton Beach in conflict with any Section 4.. Should~any seddon-or~ prOvi~on of t?s,Or:d~nancei~or' ' ' any 3ortion thereof be declared bY~a~ court of::competen~ jur~ict on to be? nva d, such decision shall not affect the remainder of this Ordinaqce, This Ordinance shall become effective immediately. Section 5, FIRST READING this day of April, 2000. SECOND, FINAL READING AND PASSAGE this day of April, 2000. CTI-Y OF BOYNTON BEACH, FLOR[DA Hayor Vice Mayor Mayor Pro Tern Commissioner Commissioner City Clerk $:ca\ord\LDR Amend Billboards 032900 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Xi - LEGAL ITEM B.5 Date Fhaal,¥on'a M.~. ,~__t be Turned Requested City Commission *~ t0rCity Cl~k: ? O~C¢~ Meeting Dates March 8- 2000 (5:00 p.m.) [] May 16. 2000 Mare&e2,2000 (Si00p.m.)5 [] Ju~6, 2000 April5,2,000 (5~00 p.n~) [~' Ju~e20,2~0O0 April I9~2000 ($:00p.m.) ,[] July5,2000 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.) June 7, 2000 (5:00 p.m.) June 21. 2000 I5:00 p.m NATURE OF AGENDA ITEM [] Adn~mistrative --] Development Plans [~. Consent Agenda -] New Business [], Public Hearing ~ Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Please place the attached ordinance, pertaining to the request below on the June 6, 2000 City Commission meeting agenda under Legal - Ordinance pr reading. This request to implement the Evaluation and Appraisal Report (EAR)-based amendments was approved at the January 18, 2000 City Commission meeting for transmittal to the State. The state had various comments(obje~i0ns to the EAR-Based amendments, but none regarding the proposed amendments to the Future Land Use Map. The subject ardinanea would amend a 4.0 acre tract from Medium Density Residential to Recreational to accurately represent the developed use of this property es a public park. This ordinance would change the Furore Land Use classification to "Recreational". For an overview of the EAR-besed amendments see attached Dep,u tment of Development memorandam no. PZ 99-305. The proposed EAR-based amendments can now be adopted and returned to the State for final complianea determination. Staff continues to recommend that this reques~ be approved. EXPLANATION: PROJECrr NAME: COMPREIt~NSIVE I~LAN - EAR-BASED AMENDMENTS -PALMETTO GREEN PARK AMENDMENT AGENT: City of Boynton Beach LOCATION: South side of the Boymon (C-16) Canal between Seacrest Boulevard and the Florida East Coast Railway Right-of-way. DESCRIPTION: Request to amend the Future Land Use map from Medium Density Residential to Recreational. PROGRAM IMPACT: Represents a required step in the proper maimenance of the city's comprehensive plan. FISCAL IMPACT: N/A ALTERNATIVES: Approval of this mnendment would be consistent with prewou~ Commission action taken when the proposed amendme~,,fl~;~s~ere tran~mitte&//~{~/~/Y ~~ , Depa~x(e~ o~e~elo~n~t[t Director Ci~ Manager's Signature Planning arid Zon'~grDirector City Attorney / Finance / Human Resources ORDINANCE NO. 0 00. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE' tONI THE i ~dopted Land . Florida has Plan a Future a Com followed; and from Medium Use Element of as~ set ~orth in chapter'] 1~ Florida Statutes, has been ~ 4.0 acm tract (vacant land) WHE~after pub ic bearing and study, ~ City Commission deems it in THE ClTY OF..BOYNTON~BEA¢i~ FLOI~DAf THA~T: Section 1: Ordinance No, 89~38 of the Qty is hereby amended to reflect the following: Section 2: adopted in accordance with the Futura Land Use Element shall be amended accord ng y. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed~ Section 4: Should any-section or provision of this Ordinance or any portion thereof be dedared by a cour~ of competent jurisdiction to be invalid, such decision shall- not affect the remainder of this O~dinance. Seddon 5: ~s Ordinance shal/become effective 31 days after adoption, unless challenged. If challenged, it b~omes effective upon the issuance of a final order finding it in compliance. F~RST READ;lNG-this day of-!une~ 2000. .SECOND~,FINAL~READINGandPASSA,~ GE this day of ,2000. CTFY OF BOYNTON BEACH, FLOP, IDA rVlayor vice Hayor Mayor Pro Tern Commissioner Commissioner Cib/Clerk (Corporate Seal) s:ca\ord\PaJmetto Green Park 053000 E~'-H~I~ "A~ PARCEL ~: Lots 1 and 2, :Subdivision of Lot 3: PARCEL 2: All 45 to wit: and Towr~b/p ~ Unked deeded by Cecil, r line theilce 21 and 22; thence containing 10 Deed EXA File: 311-1 PROPER'i'~'"~v~,~P AMENDMENTS~'e YNTON · ISLES AT HUNTER'S RUN I I TO: FROM: DATE: SUBJECT: provided, h~bitats Chairman and Members Planning & D~vek)pment Board Michael Rumpf Planning a~ Zoning l~i~ector ¢ December t0, ~i999 Request to transmit the ~aluatinn and Appraisa[ Report (EAR)-based amendments to the Comprehensive ~Plan as~thq,u~g~/t to update the gd~ils obiecfives and ,~ollcies -0$~e ~al!i ~n ac~6rd~fic~ ~li~ }~te. igor, ~e Evalua~n a~ ~,~;raih[ i~enort and cit,~ dir~ctlan plan was origin~ly adopted in 1989, Act of the State ~f Florida. has which f in 1997 the statns of comprehensive compliance impr planning: '~hich for this staf urbanism directly into comp revisions crossed-out text. Proposed amendmenm A. 1.~96 and on May~[ creation ',itt Commis~i~?n held thereafter. process. activities, new approved by ti're city and was incorporated who was hired to conversion of a Traffic need data, etc.); EAR-based Amendments Page 2 B. Correction/modifications of objectives and policies required by changed facts since Plan adoption (i.e. agency or entity name changes or elimination such as the Countywide Planning Agency; updating dates or elimination or revision of policies already achievedo; C. Policy direction changes by the City since Plan adoption (i.e. Plans such as the Boynton Beach 20/20 Redevetgpment Master PIan have been adopted therefore_ there is a need to place pertinent policies into the City's Comprehensive Plan): and D. ~.Amendments t.,o add[ess nev~ legislation req~igements since EAR adoption hav~ been pass~d, such as those policies that regar~ school,siting and in~ergovemmentaI coordination requirements and identify where ~c, hopls, am a:lld~ahle USeS by right. (These proposec[ revisions are being processed according [o an e~rlier State deadline. These policies.have been reviewed by the city, initially reviewed by the DCA, are ~e spbjec(0r PGA co ~mme~n~/md must now be reyised per state comments and adopted ~virlain 60 daYs (apProxkna~ely by mid~hhuary). ' PROCESS The revi~sions atlached hemt9 wilt be reviewed by the P!anning~ and Dev~elopment Board and Commissio~:and if acceptable, fo/warded to the DCA. The DCA Will review the amendments and issue an Objections, Recc~mmendafions. and Comments (ORC) report. The necessary revisions would be made to the plan and adopted by the city (estimated to occur in May or June of the Year 2000). The adopted plan is then returned to the DCA for finat compliance revtew. The next~ step in this' pro~e~ss is the amendment to ~. city's La~ Dev. elopment Regulations to cgnnnue, implementation of revised or newly.adopted policies. This ngxt step will comme~ee once the proposed amendments are found in compliance by the DCA. PROPOSED AMENDMENTS Proposed Text Amendment Highlights: A. Obje,ctives and policies within the Furore Land Use Element have been made regarding the City of Boynton Beach 20/20 Redevelopment Master Plan, CRA expansion, development of the Ocean District, residential redevelopment. fwamcing strategies, downtown urban design standards, sign regulanons, and land use accommodations for Uh_e siting of new schools (see item "F' below). Several of these proposed amendments are represented by Objectives 1.21 'and 1.22. and Policies 1.21. i through 1.22.4 The Traffic Circulation Element has been conveged to a Transportation Eiemem and has been modernized to include poli&ies emphasizing modes of transportation that are alternative to the automobile, consistency with the City of BoYnton Beach 20/20 RedeVelopment Master Plan and policies regarding &mplmsis on level of service (LOSI standards. C. The Utility Element and Sub-Elements have been updated to reflect today s current information regardm= sewer/water capacity and expansion levels of service D. The Honsing Elemem has been updated with regard to current housing funding strategies with an emphasis on rehabilitation as a priority program. The Recreation and Open Space Element is proposed to be amended to update outdated objectives and policies, to delete completed objectives or policies related to parkland acquisition for example, and te.remove the adopted standkrds for recreation facilities and neighborhOod parks (Policies 5.2.1, 9C.2.1 and 9D.5.4), and alternatively main~fin them within the data and analysis for general planning purposes, and specifically, in conjunction with the neigt~b, orhood plarming process. The city-wide standard, 2.5 acres per 1,000 persons, will be maintained as an adopted standard. It m the city s experience that recreation facihttes and neighborhood parks are best planned on a EAR-based Amendments Page 3 micro (local or neigt~borh6od) level, and based on the demand for facilities (by adjacent residents) that exists at that time. It should be noted tlmt the specific recreation facilities for which standards have been adopted are not tailored to the city. The facilities will be monitored in the dam and analysis for the intent of providing a general guide or compafison when necessary. The Intergogemmental~ Coordination Element and (and Futiire Eand'Use Element)have been,~/p'dated to meet new mLmmum requirements :t the local school board and tO imp/o~re thC siting of future 8;.I will be merged into one For a ~u. ick ~ ,o. ff.mii~t 6f the ~r?0§&l~ents dekcribed and included herein, the implementation ta~ks Proposed map arne~fsi ' -- . ~'" -~ ' The proposed ~-blased.amend/nents mcli~de.am~ndi;ri~nts to the comPrehem~ve plan mag series mcltuling four (4) proposed ameiii/Inie~n~s.tO-ffie Fiature ~d Use Map ~see Exfu'btt C ). The proposed amendments are described as follows: The Rosemary Scrub is a 13.59-acre scrub site that was acquired using Preservation 2000 fi~ds through a joint application with the county. The grant commct and management plan requires that the site b,e reclassified from Moderate Dfinsi. ty Residential to Recrea[i~n for preservation purposes. Th~ subj', site Wflllc6htinue' t0 be labeled with the CohSefVafion OW/:lay designati6h~/nd ha~/~ ~on-esponding rm'rativ~ wi~ comprehensiw'~la/~ text. The P~lmettoGmenpark site is a 4-adre parcel developed recently as ~a passiye pa~k, and a~>c0[ding to policy 1.16.t, recre~on Uses~halt be designated accordingly. Therefore, the property should~be~-~I~ssified ~rom Low Demi, Residential to Recreation. The Seacrest Scrub site is a 53.69 acre-scrub site Tnis site was also pumhased jointly with the County using stare funds~. This pip/perry' is prqP°sed to be i'eclaSS~ified from the Med~ur/a~ Demi, Residential and Low DenSity . Residential clas~ifiCafioris tO the Recreation classificatiom a~d will 16~ preserved in perpetuity pUrSuant to the management plan and interlocal agreement. The Isles at Hunter's Run site consists of 30 acres developed with single-family hom~s. A historic court order that was to allow commercial use on this property was amended in 19¢6 to allow residentiai usb: To accurately reflect the current u~se,of the prgperty, it should be reclassified to Low Density Residential. The plan was previously modified to ~-efleci Lb~:Density Residential land use coP. sister~ with the ~.996 Amended Agreed Order: however. this change was never processed as a formal large-scale plan amendment. RECOMIVI]gNDATtON Staff recommends th{/~ t~ proposed EAR-based amehdments described herein be approved. It is the position of staff that the EvalUafi0~ and ~ppraisal Report, as adopted by the city in 1997, essentially represents the city's preliminary approval offf/e EAR~ba~ amenaments:ivhich a/'e descfibed herein. Tnis posifi6n of staff is based~ on the fa~t that these propoged amfi~ffne~ts 3re'direi:dy Or indirectly indicated/described within/he EAR, ¢~hiCt/Was adopted after two workshops and:pul:{lic hea3ings intended't0 obtain comments from stuff, the Board and Commissinfl, and the public. EAR-based Amendments Page 4 However, if additional _'.time is desired to review the proposed amendments, addkional time can be taken though two different review options~-Option #1 is for the Board and Con~ldssion to approve the amendments for transmittal to the State and conduct further reviews and discussions on the proposed amendments concurrent with the stare review. Any necessary modifications to the proposed amendments can be later adopted and merely identified to the state in the fmal rransmimd (following state review) as "amendments not previously reviewed". This option allows the proposed EAR- based amendments, and the privately-initiated amendment also being processed with this cycle of large-scale amendments (e.g. Villa Del Sol). to proceed on schedule. Alternatively, option g2 would be for the Board and Commission to postpone transmittal of the proposed amendments until after a sufficient review has been completed. Although this option may ensure that the proposed ame/~dments are more complete at the time of transmittal, it would divert the amendments from the current processing schedule. Although a small delay would not likely cause a problem in the processing of the EAR-based amendments, a prolonged delay should be avoided as the large scale amendment cycles should not overlap, and any postponement may be opposed by the applicants of the private application as it would delay f'mal approval and project commencement. It should also be noted the EAR-based amendments are already past duei including a previously-granted extension. However, given the constant progress made in this project over the past year, and the reason for the intentional delay, which was in connaction with the anticipated completion of the VisionL20/20 Redevelopment Plan, DCA has not objected to our schedule. Therefore, shaft recommends that the city transmit ~e proposed amendments to the DCA, and conduct additional reviews of the documents, ffneeded, concurrent with the state's review period (appr~)ximately 3 months~. J-GL:bc Enclosures CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL: ITEM B.6 Requested City Commission Meeting Dates March 21, 2000 [] April 4, 2000 [] April 18, 2000 [] May 2, 2000 Date Final Form Must be Turned Requested City Commission in to CiW Clerk's Office Meeting Dates March 8. 2000 (5:00 p.m.) [] May 16, 2000 March22.2000 (5:00 o.m.j [] June6,2000 April 5, 2000 (5:00~p.m.) [] lune 20, 2000 April19,2000 f5:00p.m.) ·[] JnlyS, 2000 Date Final Form Must be Turned in to City Clerk's Office May 3, 2000 rS:00 p.m.) May 17, 2000 (5:00 p.m.) June 7, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] AdmLtfistrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UnfmishedBusiness [] Announcement [] Presentation RECOMMENDATION: Please place the attached ordinance, pertaining to the request below on the June 6, 2000 City Commissi0nmeeting agenda under Legal - Ordinance V~reading. This request to implementthe:Ex(aluation and Appraisal Report (EAR)-based amendments wa~ approved at the January 18.2000 City Commission meeting for transmittal to the State. The state had various comments/objections to the EAR-Based amendments, but none regarding the proposed amendments to the Future Land Use Map. The subject proposal would amend a 30.0 acre tract fi.om Office Commercial to Low Density Residential to accurately represe~nt the developed use of this property known as the Isles at Hunter's Run. This ordinance would change the Future Land Uge classification to "Low Density Residential". For an overview ofthe EAR- based amendmants see attached Departm~ht of Development memorandam no. PZ 99-3 05. The proposed EAR-based amandments :an now be adopted and returned to the State for final compliance determination. Staff continues to recommend that this request be approved, EXPLANATION: PROJECT NAME: AGENT: LOCATION: DESCRIPTION: COMPREHENSIVE PLAN -EAR-BASED AMENDMENTS -ISLES AT HUNTER'S RUN AMENDMENT City of Boynton Beach South side of the Boynton (C- t6) Canal between Seacrest Boulevard and the Florida East Coast Railway Right-of-way. Request to amend the Future Land Use map from Office Commercial to Low Density Residential. PROGRAM IMPACT: Represents a required step in the proper maintenance of the city's comprehensive plan. FISCAL IMI'ACT: N/A ALTERNATIVES: Approval of this amendment would be consistent with previous Corm:nission action when the proposed amendments wereja.vjtgipplly transmitted. 1 Dep~e~t oleiD'el~l~mer~t Director ' ' ~ity Manager's Signature Planning and Zoning ~i~&or City Attorney / Finance / Human Resources ORDINANCE NO. 0 00- AN ORDINANCE OF THE CITY COHHISSION OF THE ClrFy OF BOYh[I'ON BEACH, FLORIDA, REGARDING THE COl HOPE WHERE~the~i.~ty,~ Comm ssion of the Ci~ of Boynton., Beach, Florida has ~Ptan and as pa~:, of said Plan a Future Local Government Comprehensive Rlalnning Act; and amendment~of a Future Land Use Element of Chapter 163, FI0rida~ Statutes, . has been followed; and WHEREAS, the subject proposal would amend a 30.0 acre tract from Office Commercial to LOW Density Residential to accurately represent the developed use of this properf0/known as the Isles at Hunter's Run;and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE ~[T ORDA:~NED BY THE Cl"TY COMMIS$]~ON OF THE C[TY O!= BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance'No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as Low Density Residential. Said land is more particularly described as follows: See attached Exhibit "A" Section 2: That any maps adopted in accordance with the Future Land Use Element shall he'amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provmsion of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged.. If challenged, it becomes effe~ive upon the issuance of a final on:ler finding it in compliance. FIRST READING this day of.lune, 2000. SECOND, FINAL READING and PASSAGE this __ day of ,2000. C1TY OF BOYN-FON BEACH, FLOR[DA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner A~E~ City Clerk (Corporate Seal) s:ca\ord\[sles at Hunters Run052600 A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~- SOUTH ,OF '60~QO ;LINE OF OF LINE OF RECORDED IN OF ~E CONTA[NiNG, 2g.~';~ ACRES, MOREOR SUBJECT TO RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD. LOCA'~iON MAP EXHIBIT PROPERTY MAP AMENDMENTS ON CAN'AL C-rE 3OYNTON ROAD NO.4 ' ISLES AT HUNTER'S RUN E] I I DEPARTMENT OF D~LOPMENT ~M0~ ~!it~Z 99-305 TO: FROM: Chairman and Members Plarming & Developmem Board Michael Rumpf Planning and Zoning Director DATE: December 10, 1999 SUBJECT: ' Req~ds/: t0 ttan~t the Ercaluation and Appraisal.Report (EAR)-based amen~dmen~s to the' C0~prehensiYe Plan ~/s required t0 update the goalS, 0bject/~ves and poli~ies, ~d Fu~e Land Us& ~n~p ia.a¢~-o~d~nCe with sta~& taw, the Evaluatidn and Xi>praisal Report, and city direction. iBAC KG, ROLIND ~ -"iThe city s comPrehet Comprehensive Plai'i provided, in part, th habitats Within the c reviewing incremen] amending the city's t_ Also consistent:with ~rxe law, in 1997 the: reviewed as pa.~ of ~i~vaiuatiofi & Appra which fo6used 'on the S~itUS of the City and the ~ive plan was originally adopted in 1'989, and was a product of the 1985 LoFal Government lg Act of the State of Florida. This plan mid the correspoqding data and analy;g~s has hsis for concurrency management, support ~or the joint ac/tgisition of high quaiky scrub a guide to the continued balance in the dist~it~ution of di~ent land uses mendments to the plan,, and sp~fi~tJy," F~ ~iid~ ~ ~tp~ ,,and ~d ~itia~q;e [d Devel~)pment Regulations. 'merly plannin~ ' worksh(~ps held facilitate recreation finalized Commis~hon held thereafter. The next plan is the EAR-based amendment process, which is the a preparation Significant for this process, s individual plan to current stare law: new , the' city and : lis~ was incorporated directh, wi'to was hired to complete this the proposed rev~s n u ~nde~ljned and Proposed amendmegta to the ComlSrehensive pl~ generally fi~ '~n~_~o~the following categories: A Stam~ Or Ru~e char~e~ as dictate~:by the DCA (Lek changes of delta4, ]fions, conversion of a Traffic · "' ....... ' '~' ' ' ' ¢, etc)' Circulation Element to a Transpomanon Element. incorporation of state honsm= need data. . . EAR-based Amendments Page 2 Correctio~s/modificanons of objectNes and: policies required by changed facts since Plan adoption (i.e. agency or entity name changes or elimination such as the Countywide Planning Agency; updating dates or elimination or revision of policies already achieved ): Policy direction changes by the City since Plan adoption (i.e. Plans such as the Boynton Beach 20/20 Redevelopment,Master Plan have been adopted, therefore, there is a need to place pertinent policies~into the City's Comprehensive Plan); and D Amendments to address new legislation requtrements since EAR adoption have ~en passed, such as those policies that ~regard school siting and intergovernmental coordinanon requirements and identify where schools are allowable uses by right. (These proposed revisions are being .processed according to an earlier state deadline. These policies have been reviewed by the city initially reviewed by the DCA. are .the subject qfDC~.c0mments and must now be revised per state comments and adopted within 60 days (approximately by mid;January). PROCESS The revisions attached hereto will be reviewed by the Planning and Development Board and Commission, and if acceptable, forwarded to the DCA. The DCA will review the amendments and issue an Objections, Recommendations. and Comments (ORC) report. The necessary revisions would be made to the plan and adopted by the city (estimated to occur in May or June of the Year 2000). The adopted plan is then returned to the DCA for t-mai compliance review. The next step in this process is the amendment m the city's Land Development Regulations to continue implementation of revised or newly adopted policies. This next step will commence once the proposed amendments are found in compliance by the DCA. PROPOSED AIMlgNDh/[ENTS Proposed Text Amendmem Highlights: A. Objectives and policies within the Future Land Use Element have been made regarding the City of Boynton Beach 20/20 Redevelopment Master Plan, CRA expansion, development of the Ocean District. residential redevelopment. financing strategies, downtown urban design standards, sign regulations, and land use accommodations for the siting of new schools (see item "F" below). Several of these proposed amendments are represented by Objectives 1.21 and 1.22, and Policies 1.21.1 through 1.22.4. The Traffic Circulation Element has been converted to a Transportation Element and has been modernized to include policies emphasizing modes of transportation that are alternative to the automobile, consistency with the City of Boynton Beach 20/20 Redevelopment Master Plan and policies regarding emphasis on level of service (LOS) standards. C. The Utility Element and Sub-Elements have been updated to reflect today's current information regarding sewer/water capacity and expansion levels of service. D. The Housing Element has been updated with regard to current housing funding strategies with an emphasis on rehabilitation as a priority program. The Recreation and Open Space Element is proposed to be amended to update outdated objectives and policies, to delete-comptered objectives or policies related to park land acquisition for example, and to'remove the adopted standards for recreation facilities and neighborhood parks (Policie~ 5.2.1.9C.2.1, and 9D.5.4), and alternatively, maintain them within the data and analysis for general planning purposes, and specifically, in conjunction with the neighborhood planning process. The city-wide standard. 2.5 acres per 1,000 persons, will be maintained as an adopted standard. It is the city's experience that recreation facilities and neighborhood parks are best planned on a EAR-based Amendments Page 3 micro (local or neighborhood) level, and based on the demand for facilities 0>/adjacent residents~ that exists at that time. It should be noted that the specific recreation facilities for which standards have been adopted are not tailored to the city. The facilities will be monitored in the data and analysis for the intent of providing a general guide or comparison when necessary. Thee tnterggvennn~tal, ~CoordinafionBlement ancb(and .Furore Lane[ Use l minimum reg!uireraents to improve coordination with the local school schools. These pro. posed revisions am being processed 1,19.8 to mee[ new Policies tgh ~ for · ,i, ilI be will be For a quick s~ Of m0sr of-the proposed amendinents described-and incltided herein, the implementation tasks listed mExl'iiblt A, shou!dJo~, rewewed. Proposed map ,amencin~nts: The prOp0sed. EO-R-based mendments include m'nehtiments: to the c~mprehensiye Plan map .series incln,ding .f. ou,r :(4) proposed amendments 10, th~ Fttture ~Izmd:Use. Map (see Exhihr"C' ). The propnsea amenam~nts:are ctescnOec~,as follows: The Rosemary Scrub is a 13.59-acre scrub site that was acquired using Preservation 2000 funds through ajoint applicanon with the county. The gram contract and management plan requires that the Site be reclassified from Moderate Density Residential to Recreation for preservation purposes. The subject site will~continue to be labeled with the Conservation Overlay des!guation and have:corresponding narrative within comprehensive plan text. 2. The: Palmetto Green Park site is' a ~l-acre parcel devel°ped recently as a passive park' and acc0rding to P°licy 1.16.1. recreation uses shall be designated accordingly. Therefore, the property shouid be:reclassified from Low Density Residential to Recreation. 3. The Seacrest Scrub site is a 53.69 acre-scrub site. This site was also purchased jointly with the County using stare funds, This propeay is proposed to be reclassified from the Medium Density Residential and Low Density Residential classifications to the Recreation classification, and will be preserved in perpemky pursuant to the rnamgement plan and interlocat agreement. 4. The Isles at Hunter's Run site consists of 30 acres developed with single-family homes. A historic court order that was to allow commemial use on this property was amended in 1996 to allow residential use. To accurately reflect the current use of the property, k should be reclassified to Low Density Residential. The plan was previously modified to reflect Low Density Residential land use consistent with the 1996 Amended Agreed Order: however, this change was never processed as a formal large-scale plan amendment. RECOMMENDATION Staff recommends that the proposed EAR-based amendments descrit>ed herein be approved. It is the position of staff that the Evaluation and Appraisal Report, as adopted by the city in 1997, essentially represents the city's preliminary approval of the EAR-based amendments which are described herein. This position of staff is based on the fact that these proposed amendments are directly or indirectly indicated/described within the EAR, which was adopted afte. r two workshops and public hearings intended to obtain comments from staff, the Board and Commission, and the pubhc. EAR-based Amendments Page 4 However. if additional time is desired to review the proposed amendments, additional time can be taken thougn two different review options. Option #1 is for the Board and Comrmssion ro approve the amendments for transmittal to the State and conduct further reviews and discussions on the proposed amendments concurrent with the state review. Any necessary modifications to the proposed amendments can be later adopted and merely identified to the state in the fmal transmittal (following state review) as "amendments nor previously reviewed". This option allows the proposed EAR- based amendments, and the privately-initiated amendment also being processed with this cycle of large-scale amendments (e.g. Villa Del Sol), to proceed on schedule. Alternatively, option ~ would be for the Board and Commission to postpone transmittal of the proposed amendments until after a sufficient review has been completed. Although this option may ensure that the proposed amendments are more complete at the time of transmittal, it would divert the amendments from the current processmg schedule. Although a small delay would not likely cause a problem in the processmg of the EAR-based amendments, a prolonged delay should be avoided as the large scale amendment cycles should not overlap, and any postponement may be opposed by the applicants of the private application as ir would delay fmal appmvaI and project commencement. It should also be notedthe EAR-based amendments are already past due, including a previously-granted extension. However, given the constant progress made in this project over the past year, and the reason for the intentional delay, which was in connection with the anticipated completion of the Vision 20/20 Redevelopment Plan. DCA has not objected to our schedule. Therefore, staff recommends that the city transmit the proposed amendments to the DCA, and conduct addkional reviews of the documents, if needed, concurrent with the state's review period (approximately 3 months). JGL:bc Enclosures CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI'-LEGAL B. 7 Requested City Commission Date Final Form Must be Turned Meetine Dates i~to Cit~ Clerk's Office Requested City comnUssion Date Final Form Must be Turned Meetina Dates in to Citr Clerk's Office [] March 21, 2000 M~rch 8. 2000 (5:00 p.mo [] May 16, 2000 May 3, 2000 (5:00 p.m.) [] April 4, 2000 March22, 2900 (5:00 p.m.) [~ lune 6, 2000 May 17, 2000 (5:00 p.m.) [] April 18,2000 ~ May 2. 2000 April 5, 2000 (5:00 p;m.) April [9, 2000 (5:00 ~ June 20. 2000 [] July 5, 2000 lune 7, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] AdminiStrative [] Development Plans [] ConsentAgenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Armouneement ~ Presentation RECOMMENDATION: Please place the attached ordinance, pertaining to the request below,on the June 6. 2000 City Commission meeting agenda under Legal - Ordinance 1'* reading. This request to implement the Evaluation and Appraisal Report (EAR)-based amendments was approved at the January 18, 2000 City Commission~ meeting for transmittal to the State. The state had various comments/objections to the EAR-Based amendments, but none regarding the proposed amendments to the Future Land Use Map. The subject ordinance would amend a 53.69 acre tract from Low Density Residential and Medium Density Residential to Recreational as required by the interlocal agreement with Palm Beach County for maintenance of the Seacrest Scrub site. this ordinance would change the Future Land Use classification to "Recreational" (the Conservation Overlay designation would remain). For an overview of the EAR-based amendments see attached Deparunant of Development memorandum no. PZ 99-305. The proposed EAR-based amendments can now be adopted and returned to the State for final corapliance determinatiun. Staff continues m recommend that this request be approved. EXPLANATION: PROJECT NAME: AGENT: LOCATION: DESCRIPTION: COMPREHENSIVE PLAN - EAR-BASED AMENDMENTS -SEACREST SCRUB AMENDMENT City of Boynton Beach Between Seacrest Boulevard and the Florida East Coast Railway Right-of-way, approximately 100 feet south of SE 31~ Avenue. Request to amend the Future Land Use map from Low Density Residential and Medium Density Residential to Recreational as required by the interlocal agreement with Palm Beach County. PROGRAM IMPACT: Represents a required step in the proper maintenance of the city's comprehensive plan. FISCAL IMPACT: N/A ALTERNATIVES: Approval of this amendment would be consistent with previous Commission action taken when the pr°p°sed ameJYili~a~'lts were transmitted'~/~ ~ff~ ~Y~t~tm~n~[ ~f Development Director Cllt~ lCmnager s Signature Planni6g and'Zonirpgr, lf~ff~ctor City Attorney / Finance / Human Resources ORDINANCE NO. 0 00- AN ORDINANCE OF THE CTI'Y COMMISSION OF THE CITY ( FLORIDA, THE Beach, Florida has adopted a Future Land Use Elerrteii~ b~ Ordinance . No, 89-38!~in acc~i~dar~c~th the Loca Government Jse Element of I63, F~torida;.Statutes, has been followed; and WHER:EAS, the subject proposal would amend a 53.69 acre tract (vacant land) from Low:Density Residential and rvledium Density Residential .to Recreation as required bythe interlocal agreement with Palm Beach County for maintenance of the Seacrest Scrub site; and. WHEREAS, after public hearing and study, the City commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the ComPrehensive Plan as adopted by the City herein. NOW, THEREFORE, BE :iT ORDAI'NED BY THE CI'TY COMMISSZON OF THE CI"TY OFBOYNTON BEACH, FLOR/DA, THAT: Section l: ~Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land Shall be designated as Recreational. Said land is more particularly described as follows: See Attached Exhibit "A" Section 2: That any maps adopted in accordance with the Future Land Use Element shall be ~mended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid~ such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31~ days alter, adoption, unless cha longed; If Challenged, !t becomes effective upon-the issuance of a final order finding it in compliance. FIRST READ]:NG this day of.lune, 2000. SECOND, FINAL READI:NG and PASSAGE this day of ,2000. CTTY OF BOYNTON BEACH, FLOR[DA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner City Clerk (Corporate Seal) s:ca\ord\Seactest Scrub052600 EXHIBIT A That part of the Sou~hw~s~ c/uarter of Government Lot 2 We~= of the Florida East Coast Railway righ~-of-way~ LOCATION M~,P EXHIBIT PROPERTY MAP AMENDMENTS ON CAI'~IAL 3OYNTON ROAD NO.4 ISLES AT HUNTER'S RUN DEPARTNI~ NT QF D~VE,LOPMENT TO: FROM: DATE: Chairman and Members ~Planning & DeWelopment BqaEd ivM~ichael Rump(t iPlanning and Zo,nin~ Director ~6cember 10; i.999: SIfBJECT: .BACKGROUND ~he city's dompreh¢ ompr~hensive Pla'~ provided, in part,. habitats within the reviewing incr~m$: amending, the .city*: ~qu~t t}5~iJi:&~is~t'flie Evaluation and Appraisal. Report (EAR)-based amendments to the G ~o~prehenmve Plan as required to update the ~oals: obiectives and ~,~i.,~ map La~acc6ffdg.~ with 3tatd l~k,;{,-*the ]EVa Uaff0n and Avoral~i'~i~2-~ - ~ '-- -' ' rove plan was original~2, adopted in !989, and'was a p~oduct~of the 1985 Local Gov~rnmem :i'ng Act of theState of:i~10rida. This plan and the co~responding data and analysis has . basis for concurrency mg~nagement, support ~,r ,tlie if hit ac~isition of high quality Scrub a gjlide to the continued balance in~,~:dis~bhti0n'~ffdiff;¥entland use~ a ~,uid; to negdments to the plan, and specffically, Ftiture Larval Use Map, and the arnna~ve for l Development Regulaiiens. Also, in 1997 the status of comprehensive :form~rly ti 1997. etely compliance with new., heighbort(ood facflitate~ recreauon ang~nalized workshops held. on,, The next which is the~actual: for this staff time was s urbanism accepted by revisions to all crossed-out text. 13. 1996, and the plan is the EAR-based amendmeaz process or rmplementat~ of the l~97~EAR. In pr~aration a list of all , necessary to update the 19~ compretien~ive plan. Significant list. which describes nearly 600 tasks thg addressed updating individual s necessa~ to retrofit the plan to current state new by the city and list ~vas incorporated was hired to rlined and Proposed amendments to the Com~prehensive Plan generally fit [nrc the following; categories: A. Statute or RU~e chariges as dictated by the DCA (i.d. changes of d~miti;hs, conversion of a Traffic Circulation Eiement to a Transpor~,tion Element. incorporation ot~:~tate Dousing need data_ etc.): EAR-based Amendments Page 2 B. Correctio _ns/modifications of objectives and policies required by changed facts since Plan adoption {i.e. agency or entity name changes or elimination such as the Countywide Planning Agency; updating dates or elimination or revision of policies already achieved.); C. Policy direction changes by the City since Plan adoption (i.e. Plans such as the Boynton Beach 20/20 Redevel?ment Ma~ter Plan have been adopted, therefore, there is a need to place pertinent policies into the City s Comprehensive Plan); end D. Amendmerlrs to address new-IegisIatiun.requirements since EAR adoption have been passed, such ~ those policies that regard school siting and intergovernmental coordination:requirements and identif5 where .schools are allowable uses by right. (These proposed revisions, are being processed_according to an earlier:state(deadline..These,.policies have been reviewed by the city, initially reviewed by the DCA, are t~e ~bJec_,/o~ DCA comments and~ must now be revised per state comments and adopted within- 60 days (gpproximately by.mid-Ianuary). PROCESS The revisions attached hereto will be rexziewed by the Planning and Development Board and Commission. and if acceptable, forwarded tothe DCA. The DCA will review the amendments and issue an Objections, Recommendations. and Comments (ORC) report. The necessary revisions would be made to the plan and adopted by the city (estimated to occur in May or June of the Year 2000). The adopted plan is then returned to the DCA for final compliance review. The next step in this proqess is the amendment to the city's Land Development Regulations to continue implementation of revised or newly adopted policies. This next step will commence once the proposed amendments are found in compliance by the DCA. PROPOSED AMENDMENTS Proposed Text Amendment Highlights: A. Objectives and policies within the Future Lend Use Element have been made regarding the City of Boynton Beach 20/20 Redevelopment Master Plan, CRA expansion, development of the Ocean District, residential redevelopment. financing strategies, .downtown urban design standards, sign regulations, .and land use accommodations for the siting of new schools Cee item ?" below). Several of these proposed amendments are represented by Objectives 1.21 and 1.22. and Policies 1.21.t through 1.22.4. The Traffic Circulation'Element has been converted to a Transportation Element and has beenmodernized to include pol~cies emphasizing modes of transportation that are alternative to the automobile, consistency with the City of Boyuton Beach 20/20 Redevelopment Master Plan and policies regarding emphasis on level of service (LOS) standards. C. The Utility Element and Sub-Elements have peen updated to reflect today's current information regarding sewer/water capacity and expansion levels of service. D. The Housing Eleme~l bas been updated with regard to current housing funding strategies with an emphasis on rehabilitation as a priority program. The Recreation and Open Space Element is proposed to be amended to update outdated objectives and policies, to delete completed, objectives or policies related m park lend acquisition for example, and to remove the adopted standards for recreation facilities and neighborhood pm-ks (Policies 5.2.1, 9C.2.1. and 9D.5.4), and alternatively, maintain them within the dam and analysis for general planmng purposes, and specifically, in conjunction with the neighborhood planning process. The city-wide standard. 2.5 acres per 1.000 persons, will be maintained as an adopted standard. It is the city's experience that recreation facilities and neighborhood parks are best planned on a EAR-based Amendments Page 3 micro (local or neighborhood) level, and based on the demand for facilities Coy adjacent residents) that exists at that tune. ti should be noted that the specific recreation faci/ities for which standards have been adopted are not tailored to the city. The facilities will be monitored in the data and analysis for the intent of providing a general g-aide or comparison when necessary. The?Intergovernmental Coordination-Element and (and Future L~d Use Element) have bO~n updated ~0 meet minkmum:reqnirements to improve coordinatinh with the local school b6a~d arid'rd ]m~qgoYe the §~g:.6~ future schools. These proposed rex~isions I 19.8 · will be merged into For a quick summa'~ey ofimost o£~e.proposed ame~nts described aixt inetuded herein ma:im~,,-,,~,t=;- hsted m ExfuNt A should be reviewed.. Proposed mapamer)xime_nta: , . ' : The proposed EAR-based.amendments 4nctude am~i~din~e~nts ~0 ~e oomprehensive plan map ~serie~ incluC~i:ng,four (4) proposed amer/dments to,'the Fumr6:Land Use :M~tp:~ee'.,Exli~it '~C?~-). The,prOP0~ed ame~dm~fii.i hr~ de~cr~ed as follows: The Rosemary Scrub is a 13.59-acm scrub site that was acquired using Preservation 2000 funds tkr0ugh~a joint application with the county. The grant contract and management plan requires that the site be reclassified from Moderate Densi~ Residential to Recreation for preservation purposes. The subject site will continue to be labeled with the Conservation Overlay designation and have corresp6nding narrative within comprehensive plan text. The Palmetto Green park site is a 4-acre parcel developed re, cently as a. passive park, and 'according to Policy 1. I6.I, recreation uses shall be designated accordingly. Therefore. the property should be reclassi~ed from Low Density Residential to Recreation. The Seacrest Scrub site is a 53.69 acre-scrub site. This site was also:purchased jbinfly with the County using stare funds.- This property is proposed to be reclassified from the Medium Density Residential &nd Low Density Residential classifications to the Recreation classification, and will be preserved in perpetuity pursuant to the management plan and interlocal agreement. The Isles at Hunter's'Run site consists of 30 acres developed with single-family homes. A historic court order that was to allow commercial use on this property was mended in 1996 to allow residential use. To accurately reflect the current use of the property, it should be reclassified to Low Density Residential. The plan was previously modified to reflect Low Density Residential la.rid use consistent with the 1996 Amended Agreed Order; however. this change was never processed as a formal large-scale plan amendment. RECOMMENDATION Staff recommends that the proposed EAR-based amendments described herein be approved. It is the position of staff that the Evaluation and Appraisal Report, as adopted by the city in 1997,-esSentially represents the-city's preliminary approval of the EAR-based amendments which are :tescribe~l herein. This position of staff is based on the fact that these proposed amendments are directly or indirectly indicated/described within the EAR. which was adopted after two workshops and public hearings intended to obtai9 comments f/om Staff. the Board and Commission. and the public. EAR-based Amendments Page 4 However. if additional th-ne is desired to review the proposed amendments, additional time can be taken though two different revtew options. Option #1 is for the Board and Commission to approve the amendments for transmittal to the State and conduct further reviews and discussions on the proposed amendments concurrent with the state review. Any necessary modifications to the proposed amendments can be later adopted and merely identified to the stare in the final transmit/al (following state review) as "amendments not previously reviewed". This opdun allows the proposed EAR- based amendments, and the privately-inkiated amendment also being processed with this cycle of large-scale amendments (e,g. Villa Del Sol), to proceed on schedule. Alternatively, option/~2 would be for the Board and Commission to postpone transmittal of the proposed amendments until after a sufficient review has been completed. Although this option may ensure that the proposed amendments are more complete at the time of transmittal, it would divert the amendments from the current processing schedule. Although a small delay would not likely cause a problem in the processing of the EAR-based amendments, a prolonged delay should be ~voided as the large scale amendment cycles should not overlap, and any postponement may be opposed by the applicants of the private application as it would delay final approval and project commencement. It should also be noted the EAR-based amendments are already past due; including a previously-granted extension. However. given the constant progress made in this project over the past year. and the reason for the intentional delay, which was m connection with the anticipated completion of the Vision 20/20 Rede,zelopment Plan, DCAhas not objected to our schedule. Therefore, staff recommends that the city transmit the proposed amendments to the DCA, and conduct additional reviews of the documents, if needed, concurrent with the state's review period (approximately 3 months). JGL:bc Enclosures XI-LEGAL B. 8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Kequcsted City Commission Date Final Form Must ~J¢ Turned Meeting Dates in to City Clerk?s Oi~ice Kequeste~i~ity Commission Meeting Dates Date Final Form Must be Turned in to City CIerk's Office [] March 21. 2000 March 8, 2000 (5:00 p.m-) [] May 16, 2000 May 3, 2000 (5:00 p.m.) [] April4,2000 March 22. 2000 (5:00 p.m.) [] ltme 6. 2000 May 17, 2000 (5:00 p.m.) [] ApfillS, 2000 5.2060 (5:oo p.rM [] June20,2000 June 7, 2000 (5:00 p.m.) [] May2,2000 April 19,2000,(5:0_Op,m.) '-'] JulyS, 2000 lune 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM 171. , [] Dev¢lopmant Plans [~' Cg~se!lt Agenda ~ New Bus,ess ~ Bi8 ~ U~mished BusNess ~ ~o~cement ~ ~esanm~on RECOMMENDATION: Please place the attached ordinance, pertaining to the request below on the June 6, 2000 City Commission meeting agenda under Legal - Ordinance 1*t reading. This request to implement the Evaluafioi/and Appraisal Report (EAR)-based amendments was approve4 aZ the January 18, 2000 City commissiun~meeting for transmittal to the State. The state had various comments/objections to the EAR-Based amendments, but none regarding the proposed amendments to the Future LandUse Map. The subject proposal would amend a t3:59 acre tract from Moderate Density Residential to Recreational as requked by the interlocal agreement with Palm Beach. County for maintenance of the Rosemary Scrub site. Thru ordinance would change the Furore Land Use clasmficatmn to RecreaUonal (the Conservation Overlay damgnation wouldremain). For an oy¢!~ew 0f~e EAR-based amendments see attached Department of Development memorandum no. PZ 99-305. The pr6p6seC~ EAR-based amendments can now be adopted and returned to the State for f'mal compliance determination. Staff Continues to recommend that this request be approved. EXPLANATION: PROJECT NAME: AGENT: LOCATION: DESCRIPTION: COMPREHENSIVE PLAN - EAR-BASED AMENDMENTS -ROSEMARY SCRUB AMENDMENT City of Boynton Beach Between 1-95 on the west and Seacre~st Boulevard on the east, south of property fronting on South Atlantic Drive and north Of property fronting 0n NW 28~h Avenue. Reques~ ro amend the Future Land Use map ~om Moderate Density Residantial to Recreational. PROGRAM IMPACT: Represenm a required step in the proper maintenance of the city's comprehensive plan. FISCAL IMPACT: N/A ALTERNATIVES: Approval of this amendment Pr °p°sedL'Te~f e~~2u'ect°r would be consistent with previous ¢ommissinnv/~~City I~fanager's actiOnsignaturetaken when the Planning and Zonin~Egfi'~tor Cit~ Attorney / Finance / Human Resources ORDINANCE NO: 0 00- AN ORDINANCE OF THE 4ISSION USE WHEREA~th~tty Commission of the City-,off,BoO'con Beach, Florida has ~dopted o a Comprehe~...s v~lan as set forth ini,Chapt*er;- 163, FI0rida Statutes. has been followed; and" WHERe, the subject proposal would amend a 13.59 acre tract {vacant land) from Mederate Density Resident~l to Recreation .as required by the intedocal agreement,with Palm BeachCounty for mainter~ance of the Rosemary Scrub site; and WHEREASv alter public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. ,ow, T"EREFOR~, B" ~T ORD~H"D "¥T'" CZTY CO,.ZSSZOH O~ THE CZTY OF;BOYNTom BEACH, FLORIDA,, THAT: Sec'don 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: T~at the .Future Land Use of the following described land shall be designated as Recreational. Said land is more particularly described as follows: See Attached Exhibit "A" Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly; Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FTRST READING this day of June, 2000. SECOND, FINAL READING and PASSAGE this day of , 2000. C~'Y OF BOYNTON BEACH, FLOR[DA Mayor Vice iVlayor Hayor Pro Tem Commissioner Commissioner City Clerk A parcel of land lying in Sections 9 and 16, Township 45 South, · a Range 43 East, Palm Beach County, Florid , being more particularly described as follows: From the Southeast corner of the Southwest Quarter (SW 1/4) of said section 9 run North 90 degrees 00 minutes 00 seconds West along the South line of said Section.9 a dist.a, nce of 4.0.00 feet to the Point of Beginning of the herein described parcel o~f land; continue thence North 90~degrees 00 minutes 00 seconds West a distance of 68.59 feet; thence due South a distance. Of 40.00 feet; thence due East a distance of 45.88 feet to the point Of curvature of a curve concave to' the Southwest having a radius of 25.00 feet, thence Southeasterly along the arc of said curve through a central angle of 87 degrees 57 15 a distance 'of 38.38 feet to a and ~5 75.88 feet; thence South line of Lot 10, %! ~of West Block 20, Boqk the of 75 O0 seconds ine line [ line ~05 01 EXCEPT 'THEREFROM THE FOLLOWING, DESCBIBED~PROPERTY~ ~of East, as follows: From the ~ Town-~hip a of 40.01 feet t P~ or,said degrees 32 minute~ Eas~ distance of 40.0I feet a point of paralle~ with and 40.00 feet at right angles to the (SW 1/4) of said Section the herein described parcel;.t 45 seconds Eas~a kong as' now laid out of 250.00 feet; thence due West a distance of 175 South ~1 degrees 32 minutes 45 seconds West feet; thence due East a distance of 175.00 feet Beginning. ~ Rang? 43 described 1/4) of said · Section 9, line line of North 01 line a a line line of Point of 01 line of )feet; thence of 250.00 to the Point of TO: FROM: DATE: DEPARTMENT OF DEVELOPMENT MEMORANDUqVI NO. PZ 99-305 Chairman and Members Dece~m~ 10, 199~9 The c providO:I, Also goah workshops The which is taw: and,,!iste~ directt, ncw and EAR-based Amendments Page 2 Corrections/modifications of objectives and policies required by changed facts sinde Plan adoption (i.e. agency or entity name changes or elimination such as the COuntywide Planning Agency; updating dates or elimination or revision of policies already achieved, l: Policy direction changes by the City since Plan adoption (i.e. Plans such as the Boynton Beach 20/20 Redevelopment Master Plan have been adopted, therefore, there is a need to place pertinetit policies into the City's Comprehensive Plan); and D. Amendments to. address new.legiSlation requirements since EAR adoption have been passea, such as those policies that~ regard schoolsiting arid intergovernmental coordination requirements Md identify where schools are alloveable uses,by fight. (These proposed revisions are being processed according to an earlier star,deadline. Thesepolicies have been reviewedby the city, init'rally reviewed~by the DCA. are ~e Subject of DCA;~:nmmertts and must now be revised per state comments and adopted within 60 days (approximateiy by mid-January). ~ PROCESS The revisions attached hereto will be reviewed by the Planning and Development Board and Commisston, and if acceptable, forwarded to the DCA. The DCA will review the amendments and issue an Objections: Recommendations. and Comments (nRC) report. The necessary revtsions would be made to the plan and adopted by the city (estimated to occur in May or June of the Year 2000). The adopted plan is then returned to the DCA for final c6mpliance review. The next step in this process is the. amendment to the city's Land Development Regulations to continue implementation of revised or newly adopted policies. This .next step wiI1 commence once the proposed amendments are found in compliance by the DCA. PROPOSED AMENDMENTS Proposed Text Amendment Highlights: A. Objectives and policies within the Future Land Use Element have been made regarding the City of Boynton Beach 20/20 Redevelopment Master Plan, CRA expansion, development of the Ocean District, residential redevelopment, fmanging s~ategies3 downtown urban design standards, sign regulations, and land use accommodations for the siting of new schools (see item :'F" below). Several of these proposed amendments are represented by Objectives 1.21 and 1.22. and Policies 1.21.1 through 1.22.4. The Traffic Circulation Element has been converted to a Transportation Element and has been modernJ, zed to include policies emphasizing modes of transportation that are alternative to the automobile, consistency with the City of Boynton Beach 20/20 Redevelopment Master Plan and policies regarding emphasis on level of service (LOS) standards. C. The Utility Element and Sub-Elements have been updated to reflect today's current information regarding sewer/water capacity and expansion levels of service. D. The Housing Element has been updated with regard to current housing funding strategies with an emphasis on rehabilitation as a priority program. The Recreation and Open Space Element is proposed to be amended to ~.pdate outdated objectives and policies, to delete completed objectives or policies related to park land acquisition for example, and to remove the adopted standards for recreation facilities and neighborhood parks (Policies 5.2. i, 9C.2.1, and 9D.5.4~. and alternatively, maintain them within the data and analysis for general planning purposes, and specifically, in conjunction with the neighborhood planning process. The city-wide standard. 2.5 acres per 1,000 persons, will be maintained as an adopted standard. It is the city's experience that recreation facilities and neighborhood parlcs are best plarmed on a EAR-based Amendments micro (local or neighborhood) level, and based on the demand for faci/ities (by adjacent residents) that exists at that time. It should be noted that the specific recreation facilities for which standards have been adopted are not tailored to the city. The facilities will be mon/tored in the data and analysis for the intent of providing a general guide or comparison when necessary. F. The Intergovernmental Coordination Element and (arid Furore ,Land Use Element) haVe been u dated to meet new mimmum reqmmments to unprove coordinataon w~th the local schoolboard and~mimpro~e,the sitin~-.~of future schools. 5 pursuant 1.1! 8. be 2be will be For a quicK, s~a~ 9~ mo~[~ ;he p~ropo~;am~ents ,des~ibed anti, included herein, the implementation tasks listed in EXhibit ¢~A~[ (.sh~ttldbe~e~iew~ed, ~ 'i }~ i,::' , · - ~ Proposed map ~e~,nrs[ ,. ~ ~ .., ,., ; , ~ The proposed E&-R-b~ed an~',~ents inclu~e ~ndm,en~ to the comprehensive plan map series including four (4) proposed amen .d[9~ ~ ent~l.{ the?~r~ I~nd ~ds~e Map.(see ~ )x~. 'bi;t. "C"). The proposed amendments .are flescribed as follows: The Rosemary Scrub is a 13.59-acre scrub site that was acquired using Preservation 2000 funds through a joint application with the county. The grant conti'act and management plan requires that the site be recl~sified from Moderate Density Residential to Recreanon for preservation purposes. The subject site will continue to be labeled with the Conservafi0r~ O~erlay c!esignafiqn and have corresponding narrative within comgrehensive(iolan text. 2. The palmetto Green, Park site is' &4-acre,parcel ~¢veloped recently as a passive park,-and, according to Policy 1.t6.1 recreation uses shall b~ designated accordingly. . Therefore the p prtyro e Shouldbe reclassified from Low Density Residential to Recreation. The Seacres[ Scrub site is a 53.69 acre-scmb site. This site was also purchased jokntiy with the County using state funds~ This property is proposed to be reclassified from the Medium Density Residential }nd LOw Density Residential classifications to the Recreation ,~lassfficatton, and will be preserved m perpetmtyrpursuanr ro the management plan and interlocal agreement. The Isles at Hunter's Pun site~consists of 30 acres developed with single-family homes. A historic court order that was to allow commercial use on this property was amended in l!~96 to allow residential user',To accurately reflect the current use of the property, it should be reclassified to Low Density Residential. The plan was previously modified to reflect Low Density Residential land use consistent with th&1996 Amended Agreed Order; however. this change was never processed as a formal large-scale plan amendmen[. RECOMMENDATION Staff recommends that the proposed EAR-based amendments described herein be approved. It is the position of staff that the Evaluation' and Appraisal Report, as adopted by the city in 1997. essentially represents the-city's preliminary approval of the EAR-based amendments which are described hereim :This position of staff is based on the ~act that these proposed, amendments are directly or indkectly indicated/described within the EAR; which was a~opted after two workshops and public hearings intended to obtain comments from staff, the Board and COmmission. and the public. EAR-based Amendments Page 4 However, if addkional time is desired to review the proposed amendments, additional time can be taken though two different review options. Option gl is for tile Board and Commission to approve the amendments for transmittal to the State and conduct further revtews and discussionS on the proposed amendments concurrent with the state review. Any necessary modifications to the proposed amendments Can be later adopted and merely identified to the sate inthe fmal transmittal (following state review) as "amendments not previously reviewed". This option allows the proposed EAR- based amendments, and the privately-initiated amendment also being processed with this cycle of large-scale amendments (e.g. Villa Del SoB. to proceed on schedule. Alternatively, option ~2 would be for the'Board and Commission to postpone transmittal of the proposed amendmeras until after a sufficient review has been completed. Although this ~)ptipn may ensure that,the proposed amendments are more complete at the time of transmittal, it would divert the amendments [rom thfi current prOCessing schedule. Although a small delay would not likely cause a problem in the pmcess~g ?f the EAR, based, amendments, a prolonged delay should be avoided as the large scale amendment cycles should not:0verlap and any postponement may be opposed by the applicants of the p~ivate application as it would delay fmat approval and project commencement. It should also be noted the EAR-based amendments are already past due, ,including a previously-granted extension. However, given the constant progress made in thj'~s project over the past year, and ~e reason for the intentiov, al delay, which was in connection with ~e acticipated comp~e, fion',of the Vis{on 20/20,Redevelopment Plan. DCA ha~ not objected to our schedule. Th~:~ore staff recbmmenits that the city transmit the proposed amendments to the DCA. and conduct additional reviews of the documents, if needed, concurrent with the state's revie~v period (approximately 3 months). J'GL:bc Enclosures LOCATION MAP EXHIBIT MAP AMENDMENTS ON BOYNTON ROAD D GOLF NO.4 ' ISLES AT HUNTER'S RUN I I ~ looo 2o~o FEET CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL Re quested City ColTm~cission Da~ Final Form M_u~t be Turned ~meting Dates in to Ci~ CI~rk s Office [] Mgch21.2000 [] April 4, 2000 [] Aprill8,2000 [] May Z 2000 March 8, 2000 (5:00 p.m.) March 22, 2000 (5:00p.m.) April 5, 2000 (5:00:p.m.) April 19 2000 (5 00 p m } Requested Cit~ Commission [ M~g Dates ~ May 16, 2000 [] June 15. 2000 [] June,20, 2000 [7] July 5, 2000 · :. 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.) June 7. 2000 (5:00 p.m.) Jtme 21, 2000 5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] C0~se~t Aganda '[]> Puhlic ~l-Iearing [];rods 1 o iemem [] Development Plans [] New Business '[] Legal [-]~ Unfinished Business [] Presentation Report (EAR)-based ameadments. State. The obj~ by the city's consultant,. For m for further information relative Florida Department of Community ORC. The determination. EXPLANATION: t be approved. md Appraisal for transmittal to the *,lement, have been addressed PZ 99-310, and ~ of the State of compliance PRO3rECT NAME: COMPREHENSIVE PLAN - EAR-BASED AMENDMENTS (Excludh~g School Siting and Intergovernmental Coordinati°n) AGENT: City of Boyntorc Beach4 DESCRIPTION: Request to adopt the~v~Fuahqn and Apprmsal Report 0gAR)-based amendments to the Comprehens~v~ Plan;as reclmred to upd~ite the goals object~ves.a~d policies, and Future Land Use map ua accordance wttli state law, the Evalua[ion and Apprmsal Report (EAR), and c~ty drrect~on. PROGRAM IMPACT: Represents a reqnired step in the proper maintenance of the city's comprehensive plan. FISCAL IMPACT: N/A ALTERNATIVES: Process further amendments to the Comprehensive Plan as~e~ed by :e City Commission and determined related to the~-based amendmems.De amn~t/~~t//~f d~~ Io ol~e~kSpm~nt~irector. ' -Cit,] l~lanag~x:'s Signature Planning and Zoni~ Eftrector City Attorney / Finance / Human Resources ORDINANCE NO O,00- AN ORDINANCE OF THE. C1TY COMMISSION Of THE CITY OF BOYNTON BEACH, FLORIDA ADOP'['[NG THE 2000 CITY OF BOYNTON BEACH ~,ND PLAN' PLAN, AND OE EC:nVES THE OF THE government Gove Ordinance; ar Flodd~ shall consist by the fires that and i~pian~ requirements for c ~.. -,; each local ,~;with the Local and that the government by Plan monitoring and and required maps; and ;.~. ~ _. WHEREAS, the City of Boynton Beach adopted Ordinance O97-09 which and accepted the City of iBoynton Beach Comprehensive Plan, Evaluation and Appraisal Report (~EAR'~ in accordance.with the applicable provisions of Chapter Florida Statutes, as amended and Rule 93~5, Florida Administrative Code, as the consulting firm of Berryman and Hennige~, Inc.; on April 1, 1997; and WHEREAS, the City Commission authorized transmittal of the EAR based ~lan Amendments. derived from the Evaluation and Appraisal Report adopted on April 1, 1997; 'and WHEREA$~ the State of Flodda, Department of Community Affairs issued its Objections, Recommendations and .Comments Report pursuant to Rule 9.1-11-010, Florida Administrative Code on or about March 3:t, 2000, to which the Qtyr through its professional staff and outside consultants endeavored to review, revise and respond by the adoption of the EAR Based Comprehensive Plan Amendments, attached hereto as Exhibit "A'; and made a specific part hereof. NOW THEREFOREr BE 11' ORDA]:NED BY THE C_T'ry COt4t4IS$ION' OF THE CI'TY OF BOYNTON BEACH, FLOR/DA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves and adopts the 2000 EAR Based Comprehensive Plan Amendments attached hereto as Exhibit "A" with regard to the following subjects: Goals, Objectives and Policies Future Land Use Element Transportation Element Utilities Element and its sub-elements Conservation Element RecreaUon and Open Space Element Housing Element Coastal Management Element Intergovemmental Coordination Element Capital Improvement Element Transportation Element Support Documents Introduction Data and Anatysis Section 3, TheQtyCommission hereby certifies that itshalt' ane -will conduct such public:hearings as:maybe required ~pumuant to Chapter, S,63> Florida S~tes, as amended,in order to adopt the EARSased-Comprehensive PtanAmendments and So directs the City Administration to conduct and publish same, as providedby general submit the appropriate number of copies of the2000 EAR Based comprehensive Plan Amendments to the State of-Florida~'~ Depa~ment~f"Commum'w Affairs,and to Bo. ynton,Beach rCity Hall . Section 5. That all Ordinances, or parts of Ordinances~ Resolutions or parts of R,esolutions; in conflict herewith be and the same,are repealed to the extent of such conflict. Section 6. If any clause, section or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be consideredas eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and' effect. Section 7. That it is the intention of the City Commission of-the City of Boynton Beach, Rorida, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the Qty of Boynton Beach, Florida. The Sections of this Ordinance may be"renumbered'; "relettered'f, and the word "Ordinance" may be changed to "Section", "Article", or such other appropriate word or phrase in order to accomplish Such intentions. Section 8. That this Ordinance shall take effect immediately upon adoption. F-JRST READ:lNG this __. day Of 3uno, 2000. SECOND, FINAL READING AND PASSAGE this day of.lune, 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner commissioner Cib/Clerk s:ca\ord\EAR AdopUon 2000 052300 DEPARTMENT OF DEVELOPM~ENT MEMORANDU~ NO. PZ ~-30~ TO: FROM: Chairman and Members Planning & Development Boatd Michael Rump('t ~'~ Planning and zoning'Director DATE: December 10. 1999 SUBJECT: Request to transmit-the Evaluation iliad Appraisal Report 0gAR)-based amendments to the' Comprehensive Plan as required to update the goals, 0bjeetixtes and policies, and Furore Land Use ~.p. ia ac_c0rdance ~with state law. the Evaluation and Appraisal Report, and city dibeCtion. BACKGROUND The city's comprehensive plan was originally adopted in 1989. and was a product of the 1985 Local Governmem Comprehensive Plai~ifig~Act Of the Stht~ of ~[offda~:~ This plan and the corresponding data and analysis has provided, in part, the basis for concurrency ~g~ment: ~upp0rt for the joint acquisition of high quality scrub habitats within the city, a guide to the continued balance in the distribution Of different land us~s, a guide to reviewing incremental amendments to the plan, and specifically, Future Land Use Map,: and the initiative for amending the city's Land Development Regulations Also consistent with state law, in 1997 the status of comprehensive plan data and implementation was formerly reviewed as part of the Evaluation & Appraisal Report (EAR) process. The EAR was ad¢pted tm April~ 1. 1997. which focused on the status of the city and the plan, and included recommendations necessary to completely update the Comprehensive Plan. Recommendations focused oa Updating and-deleting completed or o~idated goals, objectives and policies; inserting new recommendations to.promote current city direction and maintain compliance with new state requirements; ~organization of portions of the plan pertaining to neighborhood improvements; and removing selected recreation standards fr°m adopted standards in order to facilitat~ recreation planning in conjunction with the new functk~n Oi~ neighbarh0oct planaing. The EAR was.reviewed and :finalized though a public participation process includ~ two joint Planning &DeveloPment Board/City Commission workshops held on April 22, 1996 and on May 13, 1996, and the ultimate transmittal hearing held. thereafter. The next step in the review and updating of the city's comprehensive plan is the EAR-based amendment process, which is the actual amendment of the comPrehensSve plan,:or implementation of the 1997: E.~AR. [n. pre~aration for this process, s~aff cpmpiled a list of all;ta~ks necessary ~to updgte:the 1 ~$9 comprehensi',~e plar~. Significant staff time was spent compiling this list, w~C,~, describes nearly 600 ta~ks that addressed nPdating individual goals objectives and policies (see Exhibit :'A ) identifie~i chan~es necessary to retrofit the.plan t0 current state law; and listed changes desired to further current city dire~fitm relative to'.redevelopment aqiivities, new . urbanism, and neighborhood planning. This !ist wa~specifically taken fromiheEAR as: apcroyed by tl~e city and accepted by the Department of Communi~ Affairs (DCA}; This impt ~e[%ntation ~ask list ~as inc0rp0iated directly into the contract for services with LaRue P!aiming:& Management Services, Ine; who was hir~ to complete this step in the comprehensive plan naanagement pr0ces~ Exhibit '~B" consists of the propo~&l revisions to ail g6als, objectives and poli~[es, and the: specific pr0~o~d amendment~ arishow~ in underlined and crossed-out text. Proposed amendments to the Comprehensive Plan generally fit into the following.categories: A. Statute or Rule changes as dictated by the DCA (i.e. changes of definitions, conversion of a Traffic Circulation Element to a Transportation Element, tncorporatinn of state housing need data, etc.); EAR-based Amendments Page 2 Corrections/modifications of objectives and policies requi~ed by changed facts since Plan adoption (i e. agency or entity name changes or elimination such as the Countywide Planning Agency; updating dates or elimination or revision of policieslalready achieved.): Policy direction changes by the City since Plan adoption (i.e. Plans such as the Boynton Beach 20/20 Redevelopment Master Plan have been adop, ted; therefore, there is a need m place pertinent policies into the City's Comprehensive Plan) and D. AAn¢ ,ndments tO address new [e~islafion r ~.efluirements since EARa0option have beech passed, such as those polici~ that regard school:siting'anti intergovernmental coordination requirements and identify where sch0qls are allow, able uses by ~ght. (These prQposed revisions are being process? according to an earlier state:deadline. These policies.have been reviewed by the city, in/tially reviewed:by the DCA, are the ~ubjegr~c~ DCAcommeg,ts ~ud~ must now. be revised per stare comments and adopted within 60 days (appm>~imately bY mid-Janu~ry)~ PROCESS The revisions attached hereto wffi be reviewed by the Plamuing and Development Board and Commission. and if acceptable, forwarded to the DCA. The DCA will review the amendments and issue an Objections. Recommendations, and Comments (ORC) report. The necessary revisions would be made to the plan and adopted by the city (estimated to occur in May or June of the Year 2000). The adopted plan is then returned to the DCA for final compliance review. The next step in this process is the amendment to the city's. Land Development Regulations to cont/nue implern, entation of revised or newly adopted policies. This next step will commence once the proposed amendments are found in compliance by the DCA. PROPOSED AMENDMENTS Proposed Text Amendment Highlights: A. Objectives and policies within the Future Land Use Element have been made regarding the City of Boynton Beach 20/20 Redevelopment Master Plan, CRA expansion, development of the Ocean District. residential redevelopment. financing strategies, dgwntownurban design standards, sign regulations, and,land use accommodations for the siting of new schools (s~e item "F" below). Several of these proposed amendments are represented by Objectives 1.21 and 1.22, and Policies 1.21.1 through 1.22.4. The Traffic Circulation Element has been converted to a Transportation Elemen~ and has been modernized to include policies, emphasizing modes of transportation that are alternative to the automobile, consistency with the City of Boyntun Beach 20/20 Redevelopment Master Plan and policies regarding emphasis on level of service (LOS) standards. C. The Utility Element and Sub-Elaments have been updated to reflect today's current.information regarding sewer/water capacity and expansion levels of service. D. The Housing Element has been updated with regard to current housing funding strategies with an emphasis on rehabilitation as a priority program. The Recreation and Open Space Element is proposed to be amended to update outdated objectives and policies, to delete completed objectives or policies related to pgrk land acquisition for example, and to remove the adopted standards for recreation facilities and neighborhood paxks (Policies 5.2.1, 9C.2~ 1, and 9D:5.4), and alternatively, maintain them within the data and analysis for general planning purposes, and specifically, in conjunction with the neighborhood planning process. The city-wide;standard, 2.5 acres per 1.000 persons, will be maintained as an adopted~standard. It is the city's experience that. recreation facilities and neighborhood parks axe best planned on a EAl~-based Amendments Page 3 micro (local' or'neighborhood) level, and based on the demand for facilities (by adjacent residents) that exists at that time. It should be noted that the specific recreation facilities for which standards have been adopted are not tailored to the city. The facilities will be monitored in the data and analysis for the intent of providing a general guide or comparison when necessary. schools. 1.1~ will be For a qu~elc~.summa~aFmosr of the-pioposed~ehdm6nts:~eSeribed~and incku:led herein, the-implemefitation tasks hsted m,ExbJb~t--.~ St]o/fid be zeWewed;. Propos~ map :~ The br6~6~t ~mevfd~fients~:iriCI~d~amend~ents tO the'C0i'hlsreh~miV~ plan iimp sede~ ~n~luding fou~ (4) proposed*~Ait~ to~d'~Fu~ ~lJse Map (~e~ExhilStt C }~ The!proposed amendments are descr/bed as follows: The Rosem~ Scrub is a 13.59-acre scrub site that was acquired using Preservation 2000 funds thfxSugh a joint application with the coumy. The grant contract and management plan requires that the site be reclassified from Moderate De~ity ~Residential to Recreation for preservation purposes. The subject site Will c0ntinu~ to be labeled with the. Cor~ei, v~tlon.Over!ay designation and have corresponding narrative Within comprehensive p~n text. The P/flmett0:Green Park site is a 4-acre~parce! d~veloped r~ently as a passive paxk, and-according to P?licy 1:16.1;:mcre~fi0h u~es:shall be denigrated accordingly. Therefore~ theproperty should be reclassi~ted from Low Density Residential to Recreation. The Seacrest Scrub' site is a 53.69 acre:scmb site. This site was alsopurchased joinlly with the County using stare funds. This property is proposed to be reClassified from the Medium Dens~ Residential and Low Density ' Residential classifiCaiiom to the Recreation classification~ and wili be pr~erved in perpetuity pursUant to'the mamgemenr plan and interlocal agreement. The Isles at Hunter's Run site consists of 30 acres developed with' single-family homes. A historic court order that was to allow commemial use on this property was amended in 1996 to allow residential ase. To'accurately reflect the current use of the property, it should be reclassified to Low Density Residential. The plan was previously modilied to reflect Low Density Residential land use consistent with the 1996 Amended Agreed Order; however. this change was never processed as a formal large-scale plan amendment. RECOMMENDATION Staff recommends that the proposed EAR-based amendments described herein be approved. It is the p_o, sition of staff that the Evaluation hnd App~aisal~Rep0rt, as adopted by the city Lq 1997, essentially represents the city s preliminax'y approval of the EAR'based amendments which/~re described herein. This position of staff is based on the fact that these proposetl aiaendments are~direcfly or indirectly indicated/described within the EAR, which was adopted after two workshops and pubii¢ hearings intended to.obtain comments from staff~ the Board and Commission, ar/d.the public. EAR-based Amendments Page However, if additional time is desired to review the proposed amendments, additional time can be taken though two different review options. Option #1 is for the Board and Commission to approve the amendments for transmittal ro the State and conduct further reviews and discussions on the proposed amendments concurrent with the stare review. Any necessary modifications to the proposed amendments can be later adopted and merely ~dentified to the state in the f'mat transmittal (following state review) as "amendments not previously reviewed"~ This option allows the proposed EAR- based amendments, and the privately-initiated amendment also being processed with this,cycle of large-scale amendments (e.g. Villa Del Sol), to proceed on schedule. Alternatively, option ~2 would l:~,for the Board and Commission to postpone transmittal of the proposed amendments until after a sufficient review has been completed. .At. though ti'ds option may ensure that the proposed amendmems are more complete .at the time of transmittal, it would divert the amendments from the current processing schedule, Although a small delay would not likely cause a problem in the processing of the EAR-based amendments, a prol0ngedde!ay should be avoi.ded~as the large,scale amendment cycles should not overlap, .and any postponement may be opposed by the applicants of the private application as it would delay final approval and project commencement.. It should also be noted the EAR-based amendments are already past due, including a previOusly-granted extension. However, given the constant progress made in this~,project over the past ye:3~.~nd the.r ~ea~on {or :.the int~nfipna} delay, ~hieh was ha connection with t~e ~cipated compte~ior~of the Vision~/20,R~de~IopmentPl~,/,D.~ha~nPtobj~cted~oourscbedule. ~flaerefore, staff, r~comm~nds that the.city transrmt:?,tl!e. _p,.?p, ose~ amqnd~.~e~ts [~:~.DC~, and qonduct additional reviews of the documents, if needed ,concurrent with the:state ~ review periodOlSproximately $ monti~). JGL:bc Enclosures DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 99-310 TO: Wilfred Hawkins ' mlrming arid Zoning- Dimctbr DATE: Deeembe~6, ~999 BACKGRO~ ' ~:.,:::~ · - ! ' ' This memorandQin ,is to Pto~/~ie a summa[y of' seleCt,x[ changes proposed to the:Compr~hens~vd PIan, Sn~!is intended m prb~'i~e: i/ffo~On, supplementa} to that pr0v/ded 'v~ithin: the DepaL tinetit 'Memor a~mn~No~. }~g 99- 305. The~iolto~g ~f0~fiOndesfi~ibes. thepropos~changesto object£/,es and:{~o~cies~cCd~diz~ t0~:: '.' : particular topic: t~loase m:~te%that the information includes the topic and general chang~ andlthe~pe¢ifie:0bjective and/or policy affictedby the change. . TOPIC/CHANGE G.O.P.s I) UUiiti~S ~or annex~ areas . , 1.4. I0' Setting ~w actio~ d~/c 2002 (by which time a plan for imprOvements will be established). 2) FutUre,~ia~ }amevrlnlents 1.4.13, 1.4.4 Add praeOaa! flex/bilky to plan amendment process by eliminating restrictive policy (1.4.13) ~md ~revlnin~ related policy (1.4.4). 3) Beautifi~6n in6ez/fives 1.8.4 I~itlarin~ ~irlerati0n,of beautification incentive program Vision 2~.~ Rede~pment Plan 1.9, 1.9.3 4) Incorl e to Plan regardin issues such as codification and comistancy, 1.9.4, 1.13.2, blight, e~t~a~ 'or~ 9f GRA, sprawl and infill, land use conv. ersions and densities, 1.17.4, 1.22, signag~ ~CW. urb~; gateway improvements, roadway anprovements, for 2.9.2, 2.9.6, developme~ hr!of post~aster plans. 7. I 1.1, · 7.11.15 Non-cOn~:nses 1.I0, 1.10.1, 5) Extend ~ti~a da~ to 2002 by which time study will be egmpleted and how to address I. 10.2 need for ~,~,~artizatioa, and ad flexibility in resolving issue of commercial and mdnstnat non. c0r~r~ing uses. 6) mstorl er tian . 1.11. 0 Setting ¢ process for historic inventor, and setting new action date of 2002 1.11.11, for prep~a/iOn or'ordinance, and specifically the establishment of a advisory design 6.7.2, 7. I0. l- cnmmit/~. 7.10.4 7) Sprawl;~'~ &~d uses 1.13.4, 8.22, Satisfy St~t6 law reg"ding same. 8.22.4- ' ~, . ' 8.22.9c 8) School ~, ete~ · I. 19.8- Ad scho0~ ~idng policies pursuant to state law 1.19.8.i 9) Signs 1.21, 1.21.1- Addition ~f new sign policies to require review/modification of development 1.21.3 EAR-based Amendments Page 2 regulations, amortization of billboards, and education of public (action date is recommended). 10) New Urbaai~m Introducin§ the new concept with design standarcls and principles 1.22, 1.22.2 11) Nuisance flooding - 1.22.4 3B.1.6 Revises policy but maintains that "nuisance flooding" ca,es will not be construed priorities. 12) Sub-standard water lines 3C.2 5 Reset action dam to ,2005 by ;wliich t/me s~ub-standard lines east of 1-95, south of C-16 Canal shall be'replaced 13) Illegal dump. sites .: ' -~ ~ 3E.3.4 Setting~ an a~0n.date of 200Z by~v~hich .time a 'method will be established for Prioritizin~ dump sites inneed of clean-up. ~ ~ i 14) Lake W0rth-~agoon~Smd~ a~d ~mnmitteeefforts : . 4.6.2, 4.6.3, Pr°viding anP~r~ f°r eff°rtS'genern~d' fr°m this °rg~n~?ntlon ~ 7.2.7, 8.9 15) Acce~ to Ixxti~dcoaStalWat=rway 5.1.5, 7.9.1, Reset action date by which time additional access will be provided (note: the policy does 8.4.3 not designate the specific use or characteristics of the access). Omit Policy 7.9.1 ' regardinglmaster planning of 10-acre site to include boat ramps~ preoar~tion by 2002 of a master plan for Jayce~ Park that increase access and use of t~e I~. - 16) Reereation Level of Service~ St~dai-ds . . 5.2, 5.2. I Conver~Slon of re~t'eati0gTacfl~~ and neigliborhood standards as advisory for plann ng p rposes a~d spe~ificatty':withm neighborhood planmn~ 17) ......... Appear~ce i~.~ulatioiJls' .... 6.8.1 City will evaluate appearance regulations relative to maintenance of yards and swales (no action date is, recommended), 18) Fingeri~' ', '/": . :' ' consi ten r,e..cor' meu ai , poIic:, r o enda 7.2.4 mamtenan? tcas!mh~:~ m be.deleted due to cost and feasibiliW. P°li~xcs. r9 }~v~',ed[add~.~. p~rsnsntito state requirements. Except for the minor 8.7, 8,7,2- 8.7.4, 8.10, chan~es ~o Policies 8:1'i[I, 8.11.4; ad 8. i1.~, ~vhich are in ras~nse to,state comments 8.10.1, on ~he:p~oposed amendm~ts~ these, amendments have been reviewed and approved by 8.10.4- the city and are~schedulg,~ fonadoptio~).. . 8.10.8, 8.1 I, 8.11.1-8.11.4 Response to Objections, RecommsndaUons And Com~nen~s Repo~ Proposed Comprehensive Plan Amendment City of Boynton Beach 'Amendment OO'~ ER .... : · Consigtency With Chapter 163; F:S., and Rule~J~5 & 9-! i, F~.C. Thc Cit~ in Palm Report Response: Thc M'PO t~ Objection Response: 2.8 a' transportation :.7 and. City. ofBo~aton Be~:~ Florida Response to Obj~-tioas, R~omm~datio~u. & Comments Report An'~n~m~nt 00- l ER Damr Ma, y 2, 2000 ?ag~ l of 5 9~1.-35~-~8~ LA~E =~-ANN~NG g, MGT 05.q PO3/1G MAY ~2 ~ LS:OG Objection 3. Proposed Objective 2.4 of the Transportation Element slates: The City shail develop and maintain a safe, convenient and ener~ eJficient multi-modal transportation system which will meet future n,. well as current trans~ needs. The City h~s pro~id~t an inventory of existing intermodal facilities, but eot an armlysis of the deficiencies or projected n~-da. These dam andanaly~is wi!l assist th¢City in addressing the need for additional t~'~rmnals, co~:ions, high occupancy vehicle lanes; and pedestrian, bicycle, ,park-and-ride and other f'a¢iLit~es based on land use proj~tions to :fa¢ilkaraeff~'ctive impi~nentaV~on oftMs objective. appropriate titles, I of City's : of these maps, t rcfcrcn~d. wi: Dcpm~an~m~ maps The maps howe~er, address the Plann/n~ llmeframe Comnlent. ~ The and and one for the 2015 'he FLUM medium-term, or long-term, toe objectives ~d policies ir~ theComprehensive ~City should include at l~t tl~o planning pcriods one fo. at least ~he nrst:~i~vc.~ycat period and t~n-y,ar l:mdod. . Respouse: Th~ T.,'ampor~ation Element addresses appropriate planning timcframes (policY 2.Z [~ tbr transpo~ation im~rovem~ts.- City ofgoyaton Beach, l'-!orida Response to Obj~:tiom, Raccmmendationa. & Cormmcnta Report Date: May 2, 2000 Amendmen! 00-IER Page: 2 of 5 .Non EAR-based Amendment ,away Response: ~ ,( Amendment O0- l ER such ,21.I or,he ; Plan. which ti'lc [ U~¢ 941-3~4-~84 ~_A~UE PLANNING II. coterminous with the Coastal High Hazard Area so long as ali of the Coastal High Hazard Area is included within the planning area. Emergency Support Function i8 - PUBLIC SAFETY of the Palm Beach County Comt~rehen$i,,e Emergency Management Plan details the geogaphic areas contain~ within ea~ Traffic Eviction Zon~ for h~ evacuatmn. ~e bo~d~ for each zone are r~ted ~m ~e 7~e~re Coast Regional Hu~cane Eva~a~on ~. Zoa~ 11, 12 ~d 13 ~omp~ ~ of the CiW of Bo)~mn Bea~; howev~, ~e zon~ ~ closet p~ximity ~o ~e subject paget is ~na 13. Its bound~ ~ d~b~ ~ "Sou~ ~f Oce~ Av~u~ eas~ of U. S, I, no~ of ~u[f Str=~ Golf Co~. w~t of A~fic Oc~." Evac~tion ~ne 13 is classifl~ ~ th~ Sto~ Surge Vulne~ble Zon~ for all h~can~. (See A~t A) The s~bject parcel i~ located west of U.S. Highway 1, and therefore ia not within the Hurricane High Hazard area, defined ia Rule 9Io5.003(17), F.A.C. as "the evacuation zone for a Category 1 hurricane as established in thc regional humcan¢ cvacuation study applicable to the local government." The subject pmp~rW is within Traffic Evacuation Zone 43 which is not listed ,yen as a Storm Surge Vulnerable Zone for Categories 4. and 5 hurt/canes. It is presumed, therefore, that development of the parcel will not impact the evaccccccccccuafion times or potential evacuation ne*ds of the population; nor will it impact the den,and for hurricane shelter space in the event cfa Category 1 hurricane. ConsL~tency ~lth the Stnte Comprehensive Plan The proposed ,-Mmendment does not adequately addreas and fiirther the following goals and polici~sof the Sate Comprehensive Plan, Chapter 187, F,S.: Goat (7) Public Safety. Policy 25, regarding local government/adopting plans and policies to prot~'~ public and private property and human lives from the effects of natural disasters. Response: Evacuation rout~, as shown, eddmss~s the concerns contained with this Goal as it relates to transportation. Goal (20) Transportation. Policies 10 & 15, regarding promotion of ride sharing by public and private sector employees; and promotion of off. ire coordination among venous modes of transportation in urban areas to assist urban development and redevelopment Response: An explicit TDM oriented policy to establish a transportation managernem organization as an implementing vehicle tbr the TDM w/Il be added above and beyond what is implicitly indicated in Objective 2.7 and Dar~: May 2. 2000 2.8 l~¢nding the C ly's coacun'ence with the costs and Staff'implication of ~' TDM pc~blic/private partnership and responsibilities. City a f Bo:a~ton Beach. Florida ~' Response to Objections. Recommendations, & Comments Report Da~: May 2, 200~ '-A~E .~-ANN~HG ~ MGT BEACH CDASTAL t~IAGE~ENT ELEREHT OJ~ PO?xlG ~ATM ~ '8~ 1~:08 A~I'TACHMENT A / / / J Goal 2 Objective 2.1 City of Boynton Beach Civcula,~c,::. Transportation Element Goals, Objectives, and Policies To develog and malnta~in a ~ansp0r~aiion system which wilt serve the t~s~mtion n~ o~aH sectors of ~e ci~ of Boston B~ch in a safe, effi~ co~t eff~fiv~'~d~aesthCt~cally p ~sing m~er. Policy 2. t. I shall "far aR non- hour eoncfigons i bafween Avenue andl-9$, Congress .4,venue {W lind Avenue and 1-95. W°°lbright Road, Policy 2.1.2 o CRy of Boyn~on Beach iAR-ba~ed Comprehe~ive PI~ the and Palm Beach Coun~ regarding · osc rouds with May 2 2~d0 T~ans~x~rtatmn Element [ Policy 2.1.3 The City shall continue to annually id~tit~ Backlogged Md Constrained facilki~ ~d roadwa~ opiating below thor adop~ Level of S~ice. of area-wide ~ffic ~ou~ the confinu~ monitoring . condkions. ~d r~uir~ ~t developm~t proj~~ ~ffic syria, hi.way improv~enrs ~d phased ~raffic impaq, ~ Cit,~, shall Offiy ~pro~ ~ditional devdopm~r projects which would' Main~n op~raing condi6o~ on B~klogg~d and Cons~in~ f~li~ md not c~= adopted l~v~l of so.ice st~d~ds to ~ ........ ~tenor~e on other ~ways. Policy 2.1. ~t~._ Policy 2.1.6_5 Objective 2.2 o.., ........... ~'-- -'~^-':~- :Th City shall petition-Palm Beach County for thc in¢c~s ~s~-y excerptions t0 the ,P~m Be~ Count~ide Traffic Peffo~ce St~s O~n~ce (~ ~Opt~ on J~e 16, 199Z ~d a~ re~d m Aunt ~ ~ s~d ~ it b&~me~ po~bI~ne~' to r~u~t s~h exertion. ~e C~ty s~g.~ntm~e the ~forcem~t of · ~onted ~ .... ~ ....... ~u oun~wid~ Tm~o P~o~ce s~a~s ~dinan~; md ~cont~ce t9 ~e ~.~t of g~ ~ St~gds~ set to~h m tha~ ordi~c~, ex~t Wh~ r~nable ~xc~6o~ ~v~ been appmv~ in a~q~d~ with that ~rdin~Ce ~d do not e~ce~ ~e Level off 5e~icc St~8~ set fo~h m.~]egtx'e ~.L The ~e fute~ _~ _~- '. _'.._ P~n ~oh · ~isfl and shall eoord~am same with roadway priority I/sting, ndles of other improvements, and Policy 2.2. PoE=y 2.2.2. Ci~ of Bo~mtan Beach EAR-ba~ed Cemo~hCnsive Plan The City shall cont/nu~ to es~b!ish and maintain m'~ updated pr:oritized listing of shot(termS)~ mid, term (2010), aad lo:ag ~e~m (2~9~'.2020'~ transportat:on ~m~ov~m~ats ~of use by the C~ry. The ;CiVY shall continue ~O ~obby Palm Beach Cou~tF 'and the County M~~Or~ for the dmely impl~nentation of all programmed road tmprov~rmm~ as Transi~onatioa Eiemend 2-2 R~i.w: May 2, 2000 - '- _ ---: Travzvortadaq. EI~ment M~g~ , ~n or~ to ~a~t ~to secure County : ,~ identi~ ~e Ci~ Tmspo~tion E!~em., Policy 2.2.~ Thc-Ciw. ~in conj~cti~ with ~e ~1 b~te of ~c City's Capital ' ¢ ~pmv~ ~m~ ~haa m~ing available Objecti~'e 2.3 Policy 2.3.1 Objective 2.4 conditions and safeCy related The I rpccial Ctt'v of Boynton Beach -~ Au~mdmenta Revise: May 2, 2000 TramoortaUon Elemc [ · ida':~,., ~ ..... rr~ '~.--' --...--...-- ........... ... ,,,.'- ;i.~'.The CiO/shall develoo and maintain s saf~ convenien~ sad ~en~r~ e~wipn~ ~ul~-~[ tr~s~rmflon system which will meet fature ai well as cur~n~ ~ans~r~fion neea~ Measure: Number of SOV auto, trips converted-to transit trius n~ estlmated-;bv Peak hour load faeror.~ Measure: Number. ,of ~rashes alone targeted, corridors involvinl~ automobile, uedesirians. ~d bicycles. Policy 2.4.~_1. Policy 2.4.~_2 The City's eng/ne~ring and ImIic¢ d~artment shall continue to investigate local high ~rash locafioas to identify potential mcthcxis of minimizing or ~iiminating fan~'e~pmbl,~rn~ (through Palm Be~ch County's Community Traffic' Safe - -Team , - - Thc City shall continue to support the - ' construction of mdewalks and/or Policy 2,~.-~3_ signalization provisions to designate anti ,~romote routes. Th~ Ci~siia~ confinu~ to ,require unobs!'ruc~ed si.~g~.t, tines and non-obtrusive locations. Pim~ting Within and along roadwayHghts-oi-way ~hould emphasize the use ofnativewg~tafiom ~ Policy Policy 2.4.g~ PoHcy crit~'ia such aS esta~ OO n~} and median c and, inter,~ect/6n Cona'o[ Devices). t~ ,a minL~um program and levelS. t!~d ~n/~e nggulations to ~cludc.l~x~esa management ist/in~ ~mum spacin~ bern'cea oi~!rivewavs taccess ~n~ InKs,~,as.well as: reqmrements for ~xcluslve ~ lanes tl{zafi~fi ~arrant. s p~ ~e M~ Of Uni~b~ Traffic The ~i~v shall imp~ment ~ recormnend~d bikeww/cl~sifi~tion ~ystcm ~ l~s, btke Ua~s~ and bike mutes) w~m ~e,Citsq as stat~ in the - ' ~ ~-'w ..... ~-'*, ..... alto Be~.Co~ B~k~av P[~ ~d ~sess ~e ~eguacv of ~e system ¢ompan~ts m mc~nK ~e Cig' s d~ ~d City of Boynton Beach 24 R~iae: May 2, 2000 EAR-based Comprehensive Pk~m T:-a:ll;; Ck;~la:ica Trar~otta/ion El~menI Amendments PLANNING & MGT ~,' 0b~12.16 MAY ~2 'v3~ LS::L Objecti~'e 2~q Polic~ Policy 2.5.2 Explore 411 legaU'/defensible alternatives for protection of oublic rlaht- of-wa,/ W.Whea reviewing developmen proposals~ provide for the protection of existing and resLrictiv¢ locaL, ~n'~ss access e. asernen:s and uire in thc [and when Policy' 2.5.3 Beach ( Nth thc plans of :he Florida t County when corridor right- Policy 2.5.4 Objective 2.6 ' to implement Policy 2.6.1 .................... -'--':ca .Thc, City shail ¢ontimie to modify .amd enforae _x_~. za~:.~-:,,.:~;,~ ~ ~%~ or 250 ~n ~eAM or PM peak hour, City of Boyn:on Beach 2-5 ' R~vis¢: May 2. 200o EAi-ba~¢d Comprchensi,)e Plan ~Transeormrion Elcmem Policy 2.6.2 Object'lye 2.7 £u~.~r.q:~: :: P'.an :.da~-".'ar., :The City shall continue to require improvement of' roadway~ to mitigate the impacts of de~'elopment as a condition of development approvaL The City shall, ~vher~ver feasible, reqmre the constraction of transpoxation improvemen~ in lieu of impact tee contributions. ~e City shah suppori conjuncSon with, more Measure: aeS~-,Transportatioa Demand Manatement Policy 2.7. ! Policy 2.7.2 Thc ci!yysha~?.pr0mote [0c~, ..or count5' ant[ s~a!~ ~Florida ~D~mmt ~r improv~enl!~wi~ p~l~,~ph~iS on deV~p~,,m~wa~ such a US 1, or proj~ ov~pa~: ~ or col!ccmr ro~m~ such as Con~s a~ugition of Flofida~ E~t.Coast ~ilro~ ~r u~e ~, cnmmuter ral ~nd rail with ~1 .t~lifi~,: US I ~O of the existing finding :of.minimal negative a lack of demand .P,.o!ic¥ 2.7.3: policy 2.7.4 occupant veffi~:Ies :dt~Sne 0e~ trafHc periods~ eith~ by ~p reductions or by ace°mmodati~it~ e~iS~:r/~ tri~ ir~ few~ vehicle~ (e:~. trip reduction o.' by moving some,tam before or after the mas~ congas:ed pc'nods. The Citg shaU,pmmote Transportation D~rnand Manaqement srrategies such as c~ ~o01~n~ ~si{ ,~d p~n~ pd0Hd~s m ~!e~i~c~ ~e~ ~ ~n~or ~ ~eason ~C con~oh '~ua~ publi~pdvat~ p~ships ~e.i. Tr~s~o~ation: M~aq~nt As~iafionl ma~or ,,P~ing M~a~t Asa~ciafions). ~42-3'~4-~584 LA~UE Ft-ANNING ~ MGT 0S~ PI~/16 ,~,A¥ ~ 'EI~ 1-=: :2 Objectfve 2.8 Policy 2:8.1 Polk,T The City shall strive to reduce overall energy consumption clue to trZnsportation via re~uintorv measures such. p~ trip reduction ordinances and incentives. delay'on Ci~' roadways; Increase Suh;zqu~n: ,'; Pia~ ad~:~,~ :~e Ci~ S~ll-~n~:nue to coordinate with Flpnda D~~Wr~s~mBon patm Beach Co~ rcg~d~ com~r~ ~al~ation ahd ~Ptimal si~'Ffiffiifi~ ~d pro~i0n Policy 2.8.4 Objective 2.9 Poli~y 2J9.1 .... .,~ .... ~ PI~ ........ . ,'The City shall ~ontmue to nstatute tra~po~at~n~lhqt~:il~qtg~t ~ds, suckas~zoad~y s~gnage and hghUng, tbr the ~ O~ or d~t~}subiltsm~ts - Policy 2.9.2 Policy 2.9.3 Policy 2.9.4 shall pmlnt M~' Plan, the City and facility fund s within City of Bovmon Beach ~ EA.R*basc~ Comprehensive~l~ ~' ~ where screening elont l~v/se: May2, 2000 -_ -' '- Tran~vorlarion Element private circulation and parking ar~as. Plantings withi~ and along roadway r~ghta-of-way should emphasize the use of native vegetation. Policy 2.9,5 The City shall continue to enforce local and state laws pr~hibiting dumping or littering in public right-of-way. Polic¥2.9.6 The City Shall~ knph~nent recommendations r~lated:' to the roadway improvements and beautification as recommended ~ursumat to the Boynton Beach 20/20 RedeveI0pment Master P!am Objective 2.10 continue to the msultln~ plans to uodat~ the City's Policy 2.10. I Policy 2.10.2 Policy 2. t 0.3 Objective LI I Policy 2, 1 l.t Policy 2. I [.2 ..... ~'~ .......... v ...... The Ot~ shall develop procedures to annually provlde the Palm $~u:h County Metropolitan P!,ammng Or~oamzatzon w~th a pdor{fized llatLng .of n~edcd roadway and int~section improvem~ts for inclusion ~te the Metro~oiilan PIannine Orgatfization Five: Year Tra,'~pOrtation Improvement Pro.'am. .... · ~ ................. ,,, The Otv shal continue to participate in thc Pa m B~mch Cou.n. ty T~hmcal Coordina~ng Comrmtte~. The City sl~tll continue to Mmalntaln active and l~sitive relationships with the Florida D~0artmant of +--ranspor~ation, Faire Beae~ County, adjacent municipalities, and oth~r releva:lt public and private ¢atifies in order to auppor~ and ~g~g~ ia coopecativc funding oftx',mspor'atfion improvements £=k;ccs-'-'z:.: := P,'aa a~;~zien, The City shall eondmue to assist C:Tra= ~ln providing effiCient mass w~sit s~wic~s baaed on existing and furOre trip generator~ and attractors and also provide local mass ransit road and terrmnal arena which are safe for transit users. The City s, .~ 1 g~_upport ~e mmait shelter and terminal development programs of .... ,~,. alto Tran, the propo.~d H:gh Speed Ra~t ProJeCt and cC the Tn ~Tri-Rail A~thority. ..... · ~ .............. v .... , The City shMt continue to modify and enforce Mnf--devetopm,~l~gulatiotts to encourage the provision of transit related ,:hel:ers in major land deveiopmem projects. Po{icy 2.1 [.3 Policy 2.1 1.4 The ( F-~R-b,u~ Campmheusive P~'t 2-9 l:~vi.me: May2, 2000 ~Y..~uor~a~ion £1eu'mnc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meefin~ Dates [] March 21, 2000 [] April 4, 2000 [] Apr 200o [] May 2~ 2000 NATURE OF AGENDA ITEM Date Final Form Must be Turned Requested!City Commission in ro City Clerk's Office Meeting Dams MarchS, 2000 (5:00p.m.) [] May 16,2000 March 22, 2000 ~5:00 p.m.) [] June 6. 2000 April 5, 2000 rS:00 p.m.) [] June 20. 2000 April 19, 2000 (5:00t~m.) [] Jtfly5. 2000 I-']' ~onsant ~genda [] [] Public Hearing [] [] Bids [] ~ Announcement [] Date Fin~ffCForm Must be Turned in to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17, 2000 (5:00 p.m.) June 7, 2009 (5:00 p.m.) June 2L 2000 (5:00 p.m.) D~velopment P~hns New Business Legal · Un£mished Bu~ess Presentation 2~ RECOMMENDATION: Please place'the request~beloW on the June 6, 2000 City Commission Ordinance, 1s~ Reading. As you may recall, this request was approved at the May 2, 2000 Cie are no conditions recommended by staffnor the Planning and Development Board) to amend the Land Regulations to establish a new sectiun~fov overlay zoning districts, the Marlin Luther Kin Bo ~ . ~ ,: ~ g ulevard corresponding setbacks. Staf£recommands th~s request be approved. EXPLANATION: PROJECT NAME: AGENT: DESCRIPTION: MARTIN ~UTHER ~G BOULEVARD OVERLAY DISTRICT Michael Ruin~f/Ci~y of Boynton Beach Request to amend the Land Deyelopmant Regulation Chapter 2 For 0verla3/z6ning:'flistri~s, the Martin Luther King Boulevard corresponding setbacks. ! PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: A D&Pest'tn~t ~f D~velopm[nt Director planning ahd Zo~i~g~Director City Attorney TO: FROM: DATE: SUBJECT: Staff is DEVELOPMENT DEPARTMENT Chairman and Members Planning and Development Board Michael Rum¢ ,~la~ning arid Zoning Director Apr!l 21 2000 Matin Luther King Boulevard Overlay Regulations · :C~de're~/Jew CCDRV 00-003) Overlay Zone and the Vision 20/20 are to limit or/allow for primary lily guide developr The M street · ., The addibon of th ~ eday .to the' zomng d~$tnc~:ls, on y rr~e step; tpw,~rd.lrople,mentatlon of the, 20/20 Redeve~lop~l~,, Plan recommendations fc~ the M~¢!n Luthe?.-KIqg, Bo,~evard Cornd~b ~.,,~ and and usermap a~er~fs~ ~o the Cty s;cornp, reb,e, ~ v,e p ~ ~; b~ eg prep. a~e~d for the up~m,ng rc~und of arge-scal~ ~rd~ents' These are currently schedu!~d to ,~e b~rg~9~tit; foLwa, rd at the June 13 2800 P ann ng and :De?8.~-n'" erltr Board Headng and the. Transmiftai headeg by the C ty Corem: s~on.,"r,,O~ J~une 20% 2000. ' "''' The flna step toward,;establishing the overlay, n ts entirety, will be taken after public inpu~ils gat~ere~d thrdug~l a seres °~'~e~ghborhood meet rigs to determine the desired future character of the ~r~; ~d the use~ to be perrrr[tt~; Depending upon the comprehens~veness of the ulbmate oveday~ the un~rl~'mg zon ng distr ct~ ma~ ~e rep aced w th the con- dor Over ay d strict. BACKGROUND :;,, The subject corrido~'dS currently' zoned C-2. Neighborhood Commercial at each end, w~tl~ the central portion zoned R~2; Si, ,r~gle and Two-family dwel ing d strict. Building and site regul?ons for ~he R,2 and C-2 zon ng distdCtsl ~'~ in ArtiCle 2. Zor~ing, SeCtions 5 F 2and 6.B.3 of the,city!~ t.and- B,e~elopment n ~h "himum front ard setb~,ck re uired b those regu at cms ~r°m~(e,s,~P'!~ttiP benter Re ulatio s. e. ~ . y q, Y , , ,, dove ooment ~ th ~a~lng up front and buildings set to~/ard the rear of the [et. This arrangement ~s destinat[on-onenteda~d does not promote pedestrian movement between, bus~'nesses along a, corndor. ANALYSIS -'~e MLKB Overlay would include those properties fronting along that portion Of the MLKB located east of ~acrest Bou evard ~,nd west of the FESC Rai road Right-of-way and wo~l~ include those properties adjacent to the parcels that front on the street. Page=2 Memorandum No. PZ 00-110 Martin Luther King Boulevard Over/ay The proposed setbacks, compared with existing setbacks, are shown below (also see Exhibit ~B"): '..~ P ~ [o ~e 3 ~ minimum a~d 12 fee~ ~mum. ~th respect [o uses these interim c~a~es d~s~dc~S W~id ?nt hue to r~egnize the unde~ly ng zoning undl Suc time that the Pu'bJ/c as~J8~s'~{~h ~naii~dg th~ OveCJay and the ultimate its[:,of permitted The analysis has.focused on development sta Beach Cou .~ .. . , ~aFdsbemgem ce nty and ~at~onw~de .; _ . : P y d, both by ~oca[ over - corem c~= ~ ,~L, _: ' ,tg fac~ta~e, the de~eopme t and .... g~ nme~ts, n Palm ~..~ .:~. ~ ~u~ are peoes~lan-fnendJv A ¢~- ,-==: , ,~evetopmen[ of ne hbor ~x~ ,y ~qe rea:r of Dui dings wheneve¢ n~i~ ~ ; -~ = ....... ,-,=v~r poss~b e; and to- ~m zero 0 . des rev ew ~L ~ "- ( ) feet t¢ ~enty (20) feet de¢~ adf nn .... ., , ed by staff, f~ont 'set~cks r no~ _Z~?~ewa~K, amou~[ ct vehicular' ~ffic; ah8' ~ :_L: .L;?~f~.~?¢~°rs, rmCJudmg width of the Se ¢ a[eas W~ere e . ... ne oveda ~ . ~ , . ~stmg sidewalks a . , . . y As:an.:~xam teas ere re ~arr~w~ m comdors w ' ~[e, setbacks ~, wh ~e~back areas ma ......... th h gh vo ume R:dh " J~HRDATAgOIannmg~$HARED~WP~sPEcPROJ~eg~Jat~nS~Ov~riay$~LK~MLKsta ffrepocLdoc with the,: (see OVERLAY DtsTRICT' EXHiBiT "A"~? ORDINANCE NO. 0 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2. ZONING BY CREATING A NEW SECTION 8.5-- ENTITLED "OVERLAy ZONES" PROVIdiNG FOR OVER~LA.~¥ ~ONING DISTRICTS, ' ~STRtCT~ AND COR~E~pQNDZNG SETBACKS; PROVIDING FOR CODIFIcATIoN, CONFLICTS, SEVERABI~ITY~ AND ANEFFECTIVE DATE. WI{EREA~, upon recommendation Commission has determined that- the Martin Luther King Boulevard Overlay setback regulations represents the implementation of the Vision 20/20 Redevetopmen~ of staff, the City establishmenz of the Zone and corresponding incremental Plan; and WHEREAS, the Martin Luther King Boulevard Corridor is one of four (4) primary~ districts identified by the redevelopmen= plan, and is being processed firsn to specifically guide development currently proposed along the corridor; NOW THEREFORE, BE IT ORDaiNED BY THE C~TY COMMISSION OF THE CITY OF BOYITrON BEACH, FLORIDA, T~AT= Section 1. Chapter 2, Zoning, is adding the words and figures in underlined Sec. 8.5 Overlay Zones hereby amended by uype, as follows: A. Martin Luther King Boulevard Overlay Zone. 1. General. With the completion of the Visio~ 20/20 Redevelopmen~ Plan, the City identified a segmenl of the Maruin Luther King Boulevard as an area ~n need of redevelopment and revitalizauion. This section i.~ crea~ed ~o implement the developmen~ and desi~,~ recommendations in the Redevelopmen5 Plan inuended uo creaue a traditional streeu corridor with pedestria~z ~mprovemen~s, storefronts along the s~dewalk, and .~ mlx~ure of uses. The corridor is ~o consain a~ ambience supported by pleasant sLgnage and buildin,~ appearance, potted landscapzng, suore wzndows an~] public ~pen spaces. Ail d~elopmenc within the Martin Luther King.,Bo~levar~ c°~ri~ shall Occur according tu the p~ovisfons ~f~J~e~ad~pt~plan as stated below~ BouLevard fine~ a 5. Parcels '~ · that have setbac from~' inmerior lot of 3 feet and ~ feet Reserved Section 2. k!l l~a~$ and ordinances applying mo the ~ity of Boynton Be~ :onflict with any provisions of this ordinance are ~e~eb¥ repealed. Section 3. Should ~ny Section or provmsion of this · nce' or any po~tmo~ thereof be declared by a court of ordzna , ~ .... competenZ j fnvalid, such decision non aff this ordinance- Section 4. ! ordin~ce shall become shall effective immediately day o:f June, 2000. SECOND, 2000. FINAL READING AND PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem, Commiss~ioner ATTEST: Commissmoner City Clerk EXHIBIT Bh, Overla~LZ~ - , ' -' ne ~uther King Boulevard Ovenay Lo ................... ~ .., Genera., ~th t~ completion of the vision zuczu meaeve~uF-.~-, ...... ...... the ci~ [senfifi~8~g~ent of the Matin Luther King Boulevard as an area in need 0f redeve ~Qment and revitalization. This section is created design recommendations in the a traditional street corridor with 2. Defined. ~h,,e ~rt LB~er King Boulevard Over ay Zone iS hereby established ~, by the parcels fronting on that portion ~f the;B~u[ev~i;~' ~s~ bf ~eacrest B0ulevard and west R~ 1;road fig,~bf~;~ ~(~h~'w[th' {hOse parcels adjacent 'to t~; ~SAh and s0u~h' ¢ t~ p~ ~{~ f~nt 'on the Boulevard if assemb~d and devel0pme~[a~ a ~fie~p~ject 3. Peri,ed uses. As cu~ently defined in Chapter 2(5)(G) and Cha~ter 2(6)(B), 4. Prohibited uses, Rose.ed Development s~andards. 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 lines. Maximum building height shall be 30 feet and subject to other c. provis OhS of Chapter 2 (4)(F). d. Lot regulations stated within Chapters 2(5)(G) and 2(6)(B) except where superseded by the regulations stated herein. 8. Signs. Reserved 7. Design Standards. Reserved 8. Landscaping. Reserved 9. Parking. Reserved Requested CiW Commission Meating Dates [] March21, 2000 [] April 4, 2000 [] April 18,2000 [] May 2, 2000 XZ-LEGAL FIRST READING CITY OF BOYNTON BEAC ITEH B. 11 AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 8, 2000 (5:00 p.m.) March 22, 2000 (5:00 p.m.) April 5. 2000 (5:00 p.m.) April 19, 2000 (5:00 p.m.) Requested City Comm/ssion Meeting Dates [] May 16, 2000 [] June 6, 2000 [] June 20. 2000 [] July 5, 2000 Date Final Fmnn Must be Turned m to City Clerk's Office May 3, 2000 (5:00 p.m.) May 17.2000 (5:00 p.rr~) June 7, 2000 (5:00 p.m.) June 21,2000 (f:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Pkats [] Consent Agenda [] NewBnsmess [] Public Healing [] Legal. [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve an Ordinance creating a new chapter of the City Code, regulating franchise agreements on public lands (City's right of way) to provide cable television or open video systera services. EXPLANATION: The proposed ordinance contains many regulations, given the complexity of the cable television indusuy and the need to protect the City's pubhc right of way. The following highlights important regulations covered by this Ordinance: · cable television service providers must receive a non-exclnsive franchise before constructing infrastmctare or providing services. · a corr~aany providing cable television and other telecolrmmn/cation services would be required to receive sepalare franchises for each type of teleconatamications services provided, i.e., cable television, local telephone service, long distance telephone service, etc. fLrms that install cable telemsinn services in the City, but do not provide cable television services would be required to pay an annual occupancy fee for using public rights of way. the annual franchise fee would be set at five percent of the firm's gross revenues for cable television services. The ordinance describes gross revenues as "any and all revenue, of any kind, nature or form," generated through the sale of telecomnlurdcafions services. appropriate City officials are required to issue permits before a firm hulding a cable franchise consn-ucts, repairs, or replaces facil/fies located in the public right of way. cable television frrrns are required to indemlfify and provide insurance to the City of Boynton Beach. the orthnauce gives the City the right to audit the cable television provider to insure that the full and proper fra~cll/se fees ale being paid. The City also has the right to inspect company books and records~ compames interested in providing open video system services will be required to provide compensation for use of City right of ways ar a comparable level of a cable televismu provider. PROGRAM IMPACT: If the proposed Ordinance is adopted, the City Attorney's Office has determined that certain provisions of existing franchise agreements would apply until the franchise and renewal periods, if any, have been completed. FISCAL IMPACT: S :kBULLETIN~FORM SLa, GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~REQUEST FORM Depaxtn~nt ~ad s ~ignamre City Attorney Cit~ At~om~-/Fitmnc¢ / Human,Resouxces SABULLETIN~ORMS~AGENDA ITEM REQUES'[ FORM.DOC INTER-OFFICE MEMORANDUM TO: FROM: CC: DATE: RE.' Wilfred Hawkins, Interim City Manager Kerry L. Ezrol. Assistant City Attorney ~) James A. Cherof, City Attorney (w/o encl.) March 29. 2000 City of Boynton Beach (?Cit3,")/Cable Service Providers Ordinance Enclosed. for your review and comment, please find a copy of a draft ordinance creating a new chapter pertaining to the franchising and licensing of cable service providers. Please contact me to discuss the enclosed. KLE/djd Enclosure(s) H:\] 990\900182.BB~v~MO\HAWKINS 12.doc 1 2 3 4 5 6 7 8 9 [0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 city: ORDINANCE ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA AMENDING CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH. ENTITLED "CABLE SYSTEMS". REGARDING THE FRANCHISING AND LICENSING OF,,CABLESEK~ICE PROVIDERS AND OPEN VIDEO SYSTEzqs:' EsTABLIS~ REQUIREMENTS AND CONDITIONS UPON THE USE OF PUBLIC RIGHTS OF WAY 'BY SUCH ENTITIES~ AND ES,TABLiSHING P_R©.C. EDURES,, FOR PROTECTING mE PUBLIC INTER'EST IN SUCH FRANCHI$'ES AND LICENSEES;-~ PR0~IDi~G ~_O:Rt~,G~ON:F~LIC~; ~RO~Di~ ~oR EFFECTIVE DATE. --~ -. ,:5-.7:,' '-, :? :~i ,-~?, WHEREAS, the public streets, alleys, easements and 0tl~er rights:of-way within the (I) are critical to the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all citizens: (2) can be partially occupied by utilities and other public service entities for facilities used in the delivery., conveyance, and transmission of utility and public services rendered for profit, to the enhancement of the health, welfare, and general economic well- being of the city ~d its citizens: and (3) are a unique and physically limited resource so that proper management by the city is necessary to maximize the efficiency and to minimize the costs to the taxpayers of the foregoing uses and to mimmize the inconvenience to and negative effects upon the public from such facilities' construction, emplacement, relocation, and maintenance in the rights-of-way; and (4) are intended for public uses and must be managed and controlled consistent with that intenu and Page 1 o1'43 1 2 3 5 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the right to place facilities and fixtures in such r/ghts-of-way for the business of-providing cable ser,,:ices or open video services is a valuable economic right to use a unique public resource that has been acquired and is maintained at great expense to the city and its taxpayers, the economic benefit of which shoutd be shared with the taxpayers of the city; and WHEREAS, the CITY OF BOY'NTON BEA'''u - , ,~ t c~,y; is aumonzect try state anct local law to control the use of public rights-of-way, and to franchise operators of open video systems and cable systems which use such rights-of-way; and WHEREAS, the City Commission of the City finds that it is in the interest of the public to franchise and to establish standards for fi:anchis~ng such operators in a manner which: (1) provides for a structure that, as far as possible, compensates the city for the fair market value of such property used while also reserving the right to recover the ongoing costs associated with the use of that property; (2) encourages competition by establishing terms and conditions under which may use valuable public property to serve the public: (3) fully protects the public and the city from any harm that may flow from such private use of rights-of-way; (4) protects and carries om the regulatory authority of the city, in a manner consistent with federal and state law; and (5) otherwise protects the public interests in the development and use of the city's infrastructure; and WHEREAS, the City Commission of the City finds that it is appropriate for various operators to obtain separate franchises based on the type of service provided, in order to Page 2 of 43 1 t0 11 t2 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 3O 32 33 34 ensure that similarly situated operators can be treated as similarly as possible, and to avoid confusion as to regulatory authority applicable to each type of franchise; and WIqEREAS;,.in light of federal: and state law, and the changes ~t0' local procedures required by, them, the city finds that iris neCessary and appropiEate'to apply the provisions hereof to existing franchisees and licensees as far as is possible and to apply it to those with pending, applic~tions~to iplaee~ facilities ia-public fights-of-way: NO.W, THEP~,~EFORE, BE'Iff ORDAINED BY' THE- CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: - Section 1. The foregoing "WHEREAS" clauses are true and cOrrect and hereby ratified and confirmed by the City Commission. Section 2. Chapter_._, of the Code of Ordinances of the CITY OF BOYNTON BEACH, entitled "Cable Systems", is hereby amended to read as follows: Chapter CABLE SYSTEMS AND OPEN VIDEO SYSTEMS ARTICLE [ - REGULATION OF RATES FOR BASIC SERVICE AND EQUIPMENT Sec. . Scope and applicability. This article governs the regulation of rates for basic service and equipment within the city for any franchisee which has been notified that (a) the city has been certified to regulate its basic service and equipmem rates; (b) the city has adopted regulations govem, ng regulation of basic service and equipment rates; and (c) the city desires to exercise its regulatory authority. * * * Sec. . Reserved. ARTICLE II - FRANCHISiNG AND LICENSING OF CABLE ANT) OPEN VIDEO SERVICE PROVIDERS IIA. General Provisions Page 3 of 43 1 2 3 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 47 Sec. ~ Definitions. 4 (1) Generally. For the purposes of th/s Article, the following terms, phrase% 5 words, and' abbreviations shall have the meanings given herein, unless otherwise ex0ressly stated. When not mconsrstent v~th the context, Words'used in. the present tense include th, 7 !" / 2 . - 8 ~_t~rj e, tens~, ,wor~ m the ~?lural number include ~e: singular .number; and words in th, ~n~utar numver Include 'thee plural number; and the masculine gender includes th- 9 feminine gender "Ar/al'an i~ ,c' . - . d or maybereadeonlunctwetv_ord~sunctwel !0 .~,.~,,,, ~_~ ,,._.,,,, · . - . . . ! y_ The wor& *n,ux anu win are mannato and ma" ' ' ~ rv, , V , rs ermrq.~ve Unle · . . P · . ss.otherwrse expressl 11 stated, words not defined ~n fids Ordinance shau ~-~...~-,~.; -, .... - ~ ~..~ . Y ~ ~.,.. ~¢ - 2 ll,,~ ~v? um meamn~, Set Iortn'ln:lltle .[z et t~ Umtec[:States Code; and, if not defined:there'm, their commended ordinary meaning 13 ml$iex~ces to go,;,ernm.e,n!~l entities (&l~ther perS~s or entities)refer to: thoseentifies or 14 their successers in autl~fiN.' if specific .l~r0visions of law-referred to herein }~ 7anw~eO~[~ra~;e: 'qh~H b~l;t~ad/to refer .to the ~renumbered 'provision ~- es. or .rem i0n3' shall be 7interpreted brSadbr to c0v~, .1.~7 gov~m~ent acllons,' however n0mmated, and include laws, ordinances and regulation J. u now m/oree or h~inaffer enacted or amended : mean a:per Sn (diremv,:or inait ttv or controls, awnert'ore~/nl~oll~.x~l~¥; ffr~is hi,dar ~fi~i-fi?in 0;~ri~sl~p or control with, another person. Cable service means-- (A) ,the one-way transmission to subscribers of (ii video pro~ramn~dng, or (ii) other programmin~ sevvi~e, ~nd (BI subscriber interaction, if any, which is required for the selection or use of such video pro~tnmin~, or ~tberprograrnming service ~(4) Cable System means a< facility, consisting of a set of closed t ' ' pam~ ~ ~soaat~}~:~ ~ener~ton; ~ept~on~ ~d eon~ol equipment that is desi ed to pro ~de ca~te semc~ mMeh Includes rodeo pro~mm]n~ and wMch rs provided to multiple ~ubscfibe~S With that get-,/&s Only' stations~ ';¥B) a !faciHt~ facility n (C0 on fa~h~ ~shatl~ be ~ans~i~sioh ~O~qld~6 solely t6 provide used ~otbtV for certified: by' enclosures ~such opUcs and ot~ev eqmpn ~ a community, but such tea-ms does not include (A) a facility ~-~t the:'t, elevision si~nal~ 6f one or more television broadcast ~'serVes.subscribers without using any Pubhe nght-of-wav; (C)a ~,r ~hle. hi~ subject, in whole or in art to the rovi ' ~ie,~ p , p slons ofT]fie -tzommumcatlons Act of 1934, as amended, except that such ~!*a cfible system to the extent such facility is used in th,: ~rniri'~ directly to subscribers,unless the: extent of such use is itive on-demand services- or (D) any facilities of any electric utility ~2.1[s 'electric utility systems; or (E) an open, video system that i~ ~'g2 ~eferen~ to a cable system includes Cedestals eouinm, t ~!]~h~t Cab!nets), amplifiers, power guards, nodes, cabl'es.~ abe, ~nth~eCegs~ to operate the cable system. (5). Construction, operation or repair. 'Co ' ' .. - nstruct]on, operation or re~air" and Page 4 of 43 similar formulations of that term means the named actions interpreted broadly, 1 2 3 4 5~ 6 7 encompassing, among other things, installation, extension, maintenance, rel01acement of components, relocation, unde-rgrounding, grading, site preCaration, adiustine, testing, make-ready, and excavation. ' such t~ I8 19 2( 21 22 23 24 25 26 27 28 29 30 31 32 33 35 3~ 37 38 39 42 43 44 45 46 47 [0 use a of a set of that ~f the who I one faciliw. . ,{.14} Person includes any mdl~duaI4:~corpomtmn, !l~ar~fi:er~hip4 ~assomanon, Imm Page 5 of 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2~ 25 26 27 28 29 30 3t 32 33 34 35 36 3~ 38 39 4O 41 42 43 45 46 47 stock company, trust, or any other legal entity, but not the City. (15)- Public rights-o£-wav mean.q the surface, the air space above the surface, and the area below the surface of any public street, himhway, lane, path, alley, sidewalk. boulevard, drive, bridge, tunnel, p~ay, waterway, public eaSement, or similar propertv in which the City now or hereafter h61ds any Property interest, which, consistent with the purposes for which it was dedicated, may be used for the purpose of constructin~ .operating and repairing a cable system or open video system. Public rights of way do not include buildings, parks, or other propet~ty owned or leased by the City: No reference herein, or in any franchise agreement, to a public right-of-way shall be deemed to be representa}ion or gu~antee by theCitv that .its interest or'other right to control the use of such property is :sufficient to permit ffs~use for such~nUmoses and ~a deernex~., tO gain ,only those,rights to u~e as are'pr0perly i~n th'~'e Cit~ and~ as the undisputed right and pbWer to give. (16) Telecommunica?ons services mean~ the transmission for hire, of nfonnatmn tn, electromc or op~cal £orms~mctuding, but not limtted to, voice, video or data, .Whether °r~'fio~,~e ~t~an~m,~tOn; medium ts oWned by the m:ovider itseig. Telecommanicatiohs ServiCes in~l~td~s tel~nh.nne service but does not inc;lUde'ov~r-the-hir br0adc~: to the Public-at,large from facilities licensed by the Federal Communicatic~ns Commission 0~ an~,~ gUecess~r/h~ret0. [icense~ (i) all ora portion of the cable -.assignment that:resultsin ~ there is or by the franchisee or licensee under the or leased, in whole or inpart, directlvor of this ordih~,hee, all these activities. Sec. . Franchise:Required~ (I) Evetw operator must obtain. A cable operator must obtain a franchise prior to constmctin~ a:cal~e. SYstem or providing cable sen'ice: an operator of an open video system must ob~in~a franchise before constructing an open video system or providino services via an open video system. No franchise shall become effective without the franchisee entering i~to a franchise agreement with the City. The fact that a cable system or open video s,ystem~ ~may be used for multiple purposes does not obviate the need to obtain a franchig~,' lf&ense, or Other authorization for those o~er purposes. By way of illustration and trot i~mltation, a Cable operator of a cable sxstem must obtain a cable franchise, and,~ sl~ould i~t .intend to provide telecommunications services over the same facitities~ it must}~or~pB) with. requirements applicable to providers of telecommunicationq services Or to ope~at6rs 6ftelec0mmunication facilities. (2) Purpose and characteristics. The purpose of requiring authorizations by service i~ to enSUre:as far as possible and approphate' that persons providing similar Page 6 of 43 1 2 3 4 services are treated similarly, considering differences in circumstances, and to comply with requirements of federal law which may require the city to separate its authority over cable systems 6r open video ;ystems from its authority over other providers of te!ecomm_un!Cations s?vice i .tself, wii[ h0t ~e~c~!.m~6~ encoufiged. ~e.~ssuat!ce c ,.op~r,hte,:or rep~ ,any cable., city sh~ll re~luire individual franchises for the ~pro~ision !~aii~r~'ii~ fi~i~nc hi~e -~-or :i0ne:par tiet/ia~ ~ ~erviee ~:i~h and of (~,~,~; ~a~el~di~01d~ :to continue i0 ~o~de s~ices for 15 2 22 24 25 2~ 2~ 2.9 31 32 33 34 35 36 3'7 38 39 40 41 42 43 44 45 46 47 r of an (2) be paid if.' Exceptions. The franchise fees reg:u,i~ed t~der ~ii;l;es;IIB~anddlCneed not . (A) State law or charter requires otherwise; ov during any transinon period f0i' a current franch~se:.holde, r., In 9ases stibjectCto this~excep~on, the highest permissible fee shall be paid. ~: i ~(B) In [he cas~.~gf.~ [cabl¢.sys[~ pr ~:ope, u ::¢;i~o sy~temthat is not designed fo provide servic~ in the :citT, iaad that~does not pi~6v~dd serMc~ iin tile city. The cit3~ sh~ii!~stabl..iS~!a fee in]lied 9~'t~ ~S,';~peci~d i~ ~i}ies:'~iI~ }nd'[Ii~ thai r"efio~,~ers an am~iunt 6~[uiv~ilent tO the fair manet ,value of the ~m~erty use~ ;Jn[t!~e Cie and reserves the right to charge addiuoaal fees a%conte,mplated b~:Sectmn 2t-1:3(4~):': ~; ~ ,, :! :: -~ (3) Application to persons ?hat provide differeni r)'pes of &erv~cgs. The fact that alee ~s,pmd ~ 0he,type of se~me,pr0y~ded over a.c;able, or,~p~:vi, de¢.system, does not excuse an opemtcli; from its du~ito,p~Y fees on othei~ types ~fls~miceg i~l~ovided over that Page 7 of 43 1 2 3 5 6 7 8 9 I0 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 facility. Asan example, and not as a hmttatton" ' '~ 0f' the foregoing, a cable operator that pays a franchise fee on revenues derived from the provision of cable services must pay the fees tmposed upon telecommunication service providers to the extent that it provides telecommunications services; likewise, the operator of a telecommunications facility must pay a franchise fee to the extent it'provides cable services to subscribers via a cable system. (4) General rules for payment off ecs. (A) Unless otherwise specified in a franchise agreement or a license, ~chise and license fe~s shall be paid to the City quarterly, and not }ater than forty-five (45) calend~ daYS after the end 0fca~h calend~ quarter. (B) Unless a franchise agreement or license provides otherwise, each franchise or license fee payment shall be accompanied by a statemem showing the manner in which the fee Was caiculated. (c) No acceptance by the City of any franchise or license fee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such fra~n~hise fee payment be construed as a release of any claim the City may have for'additional sums payable. (D) T!~.~e fi'anchise or license fee payment is not a payment in lieu of an tax, fee or other assess~e, nt except as specifically provided in this title, or as required byy applicable law. By w~/y' of example, and not limitation, permit fees and business license taxes are not waived and'remain applicable, and other fees and assessments to recover costs associated wiih operatin~g and maintaining the right-of-way that may be established from time to time by re~oluti0rl Of the City Commission. (E) Within ninety (90) calendar days following the end of the calendar year, each persot~ which paid a franchise fee based upon gross revenues shall submit a statement, attested to by a certified public accountant or the chief financial officer of such person, setting forth gross revenues of the cable or open video system, by category, and describing what revenues were included and what revenues, if any, generated or derived from operations in the Ci~ were excluded in the fee calculation, and any adjustments made to gross revenues. If P~i~nents are la~e, in addition to paying any applicable penalties or damages, the person that owes the fee shall pay interest ~>n the amount owed at the statutory interest rates applicable to judgments. (F) The City may, upon five (5) business days advance written notice, inspect and examine a~.;.y and a!l books and records reasonably necessary., to the determination of whethe~ ~'ees have.been accurately computed and paid. (G) Notwithstanding the foregoing, in the event that a person that is obligated to pay a fee ceases to provide service for any reason (including as a result of a transfer), such person shall make a final payment of any amounts owed to the mty within ninety (90) calendar days of the date its operations in the city cease, and shall provide a statement-of gross revenues for the calendar year through the dates operations ceased Page 8 of 43 which statement shall contain the information and certification required by Section 21- General Conditions Upon Use ~f Rights-of-Way ' act are required If:a cable or open 1 2 13(4)(E): 3 4 Se~. 5 6 (1) 7 8 to 10 3.2 14 15 interference with, use ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 conditions 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 minimize ~ (A) ~The consh--uctioi% 'operation and repair Of cable or open video systems are subject to the sti~erviii~n o~f:alI of He i~thorities of/he city 'that ha~,~ jurisdictio~ in.~such, matte3s, ~md, Shali be peffo~di~ in comoliance witii all laws ordinances, departmental rUles and, regUlations:and practices affec' ing such system. B~ way of example, and not limitation; this includes zoning:codes and safety codes. addition, the cons :~ctibn~, oper,,~ti~ ~d 'repair shall be Perfqrmed in a manner con. sistent ~th high. industry stan~lards.,, Bersons~, :~ :, engaged:,m the~ construction,,,, operation or~ repmr of cable or open rodeo syit~ms sliall iexercise reas0~nabl~ cate, m the gerformance of all the~ activities, and use ,co ~mm6ntY '~C~qpt{d memO:as and aev¢6s for l~reventin~ ~'ailUres 'and accidents that are'tikel 'to iUi ad/ni e, i~jU~ or n~isan~e to the ~ubli~' Or to. proPerty. (B) shall not conunence until obtained from the a cable or open video system filed for anc[ fees paid. In - SUCt3 structures~ in the, public,ri wa) pedestrian and Cehicular traffiC: (C) Without limiting the for?going, cable or open. video systems shall be constructed; operated and"repmred m ac¢or~tance w~th good engmeenng Pracuce~. No work on the'facilities shall be perf6rmed ex~ePt by experienced and properly trained personnel. The operator of a cable or open:video system ~s responsible for all the acts of its contractors and subcontractors, and for ensuring that its contractors and subcontractors perform all work in :c0mplifince, W~ith this ordinanc~e, ~d any applicable franchis~ agreement. (D) .Operators oi~ Cable"or, open vi~o systems must follow city- established requi(ements: for placement Of h~ilifies in figli/~/0f-~va~, and must in any eveni Page 9 of 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19, 2(] 21~ 22 23 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 install facilities in a manner that minimizes interference with the use of the rights-of-way y otherscmclud~ng others that may be installing communications facilities. The city may require that facilities be installed at a particular time, place, or manner as a condition of access to a particular right-of-way, and may require a person using the right-of-way to cooperate with others to minimize 'adverse impacts on the right-of-way through joint trenching and other arrangements. ' (F) To the ex, tent possible, operators of cable or open video systems shall u~e exi~fihg POle~ mid exi~tin~ c°nduit in inst~alling their system In no case may additional P~!~i~ be in~t~l~d in'the right;~f-way without the permissi~m of the city; any perS0r~ Who is p~it~d tS !.~rmmll po. les mus[ lease CapacitY onthose poles to others, at a r~te not,higher th~the rate tti~.f Wo~ld be permitted if47 U.S.C. §224 applied. (G) Except as,citY may direct otherwise, cable or open video systems may be constructed oCerhead ~heJe poies exist and electric or lines of a local exchange carrier franchised before 1990 are .ove;'head, but where both electric or such telephone lines ~e undergr0/ind, ?r are being iflifially placed underground (whether voluntarily or at the city s directi0n)' °tl~er ~abi~ °r °pen vitie~ systems shall be constructed underground Whenever and'wherever the owner of the ~poles upon which aerial facilities are located mOves its plant from overhead to undergroundl placement in an area, all cable or open video systems in that areg shall be Similarly moved Underground, (H) Any,,~d all p~blic rights-of-way, public property, or private property that is disturbed or ~agec[ during the construction, operation or repair of a cable or open video system shall be promptly repaired by the cable or open video system's operator. (I) Tree trimming shall be performed in strict accordance with the City Code. (3) Relocation of facilities. (A) A cable or open video system operator shall, by a time specified by the city, protect, support, temporarily disconnect, relocate, or remove any of its property ~vhen required by the city or any other governmental entity by reason of traffic conditions; public safety; public right-of-way construction; public right-of-way repair (including resurfacing or widening); change of public right-of-way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of Page 10 of 43 government-owned communications or cable or open video system, public work or improvement or any government-owned utility; public right-of-way vacation; or for any other purpose ~vhere the ,work involved would be aided by the removal or relocation of the cable. ,~°r ....... open yideo.,. System~ Collectively,~ such. matters are r, efe~ed to below a~ the "public 7 1. Except in the case of em, 8 notice describing ~where t~ public work is t0be 9 days prior to the dead!ine',b½ Which a ~aU`O '0;bp 10 SupPc;rt, temporarily disconnect~/-retoc~i~e ~r re~b~ 13 . unreasonab!yrefused ,, '~: 14 15 16 17 19 20 21 22 23 24~ 2G 28, 29 3O 31 32, 33 34 35 36 37 38 39 40 43. 42 43 44 45 46 47 system creates ~tovide written i30) calendar 'must protect, 'Or 0~ video operator, i~¢ (B) requests anol[her ~ vide( take contract ~ video s cost of the'same shall disconueefi~r~, removal, reasonabl~ ~ (;C)- A~cabie O!~:~en~ideo system :Operm0r shall, on the request of any person holdihg a valid ?ennit i~ed by ~a gtvemme~ttal authorky, tempoi'~iy raise or lo~ver its wi~es to perm!} the m~: of,' b~uil~i~gs ori~o~e~,objects.: The eXPenSe of such' temporary i'erno~al or r~ising ~orl]l~w~i~~idf ~ires sfi~!!:~; p~i~ 'by~ per~;n rmuesting: the same. A cable or Open vidm, Sy?teni~operator shall be gb,en; not le~s 4ran' ~;'en ('J)~ calendar days, advance notice to arrar~ roi-: ~uch temp~3a'D' wi~e changes, (D) A cable or open video system operator may abandon any r~ronerrv in place upon nouee to,the ,mty, url~qgs'th6 city determin~;, i;n' the exercise of:its reasonable dtscretton.w~thm ninety (90) callhdm~ ~tays,of the ngtme ~( abandonment from the operator, that the safety, appearance, func~g ,o( U~e of tlie ~Hc righti0f¢~(~y a~a"flc~liries in the Public right-of-way will be a~Ve~m~ly ~f~Cted th~e~efi~ in ~hich ~ase,~e ~per~tor must remove ~ts property w - ~.t~,wtt,hin a,reasonable period:of tume ,spe~cdied by ~the c~ty. Page 11 of 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (E) Ifa state statute requires the city to compensate a person for the cost of relocation~or removal, nothing in this Chapter shall be read to abrogate any right such person may have to that compensation. (4) Facility subject to inspection; operator m mt provide information, Every cable or open V, ideo System s~ail be sul~jeet to th~ right of ~eriodic inspection and testing by the city to determine compliance with. the orovisions o1' this Chapter, a franchise or license agreement, Or other applicable]aw. The city shall h~ ve the right, upon written request, to be notified and present when.the cable or open video ystem is tested by the operator for its semi-annual FCC iesting. Each OPerator must r, :spond 'to requests for information regarding its system and plans for the system as thecity may from time to time issue, including requests for information regarding its plans t'or construction, operation and repair and the purposes for which, the P!ant iS being co~tmc ed; operated or repaired. (5) Underground Services. Alert. Each ope that places facilities underground shall be a member, subsurface installations (Underground Services Alert) its underground cable or open videO system upon rt facilities for the city at no charger rator of a cabl6br open vide~ system Df the reg/onal notification center fo; and shall fietd'mark the locations of quest. The operator shah locate its (6) Publicizing Work. (A) A cable or open video system operator shall publicize the initial build or any' substantial rebuild. Upgra~le, or extension of itsI facility that involves work in public fights-of-way in each affected neighborhood at least,one (1) week prior to commencement of that work by caus~ing written notice of such construction work to be delivered to the City and by nOtifYing those Persons whose property is within 300 feet of the work in at least two (2) of the fgllowing ways: by telephone, in pers0r~, by mail, by distribution of flyers to residences, by publication in local newspapers, o~ in any other manner reasonably calculated t° provide ad&qUgte notice. Apart from an~. [initial build or substantial rebuild or upgrade, any underground construction will be publicized in accordance xvith applicable notice requii~ments. [n~ other cases, before entering onto any private property to perform work, a cable or open vid.d~ system 0perato~ shall use i~ best ~f~orts to contact the nronertv own~ ~,~ r;,, tho case of residential property) the resident at least one ([1) day in advance, and describe the work to be performed. (B)~ Each cable or open video system o~ner shall provide the city a plan for any initial system Construction, or fori'any substantial ~ebuild, upgrade or extension of its facility, which shall show its timetabl~ for construction of each phase of the project, and the areas of the city that will be affected. (7) No discrzmination. (A) A cable or open,video system operator shall not deny service, deny access, or otherwise discriminate against subscribers, programmers, or residents of the City Page 12 of 43 1 2 3 4 5 6 9 10 11 ~! 12 13 14 15 16 ].7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 on the basis of race, color, creeds national origin, s~x, age, conditions of physical handicap, religion, ethnic background, marital status, or sexual orientation. (B) A cable or o.p. en video system opera~0r shall not discriminate among · p~ers°ns °~ ~hei~itY °~ take :any-.retaliato~Y acti&~tga~n~t'a Ce~sbf/6r ~ ei~ becau~ ~,e ' e~!t~'s ~x~r~0~ny~ri~t:it may have U~der :federhi;~tate, o'r".10c~l ~w, 'ope~r~oi: ~o~q~re a pmon or thecity to ~ai~ve ~uch-f//ght~a~ a ~&ditlbfi :C;£ ~ing state Sec. . grotection of therein,and residentS.. (1) 'Indemnification. (A) The city may not enter into any frandhise, or otherwise authorize any cable or open video system operator to use the public ri~g~.,.ts of ~way, until and unless the city obtains an adequate indemnity from such op~fat~Sr. :.Th~ indenln]~ must at least: · 1. release the city 'from and against any, and all liability and responsibility in or arising out of the construction, operatiofi or maihtenanc6 0fth~ cable or open video system. 2~ indemnify;and hold harmless the city, its trustees, elected and appointed officers, agents, and emplOYees, from and' against any:arid ~tl claims, demands or causes of action of whatsoever kind or natui'e an'd the resuking iosses costg~ expenses, easonable attorneys fees, reasonable paralegal expenses, habHmes, damages. Orders. judgments, or decrees, sustained by the city or any third party arising out of, or by reason of, or resulting from oriofthe acts, errors, or omissions of the cable~ or open video system operator, or it~, agent% independent 'COntractors. or emPloyees ret~ted to br in any way arising out of the construction, operation or repair of the facility. 3. provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the party's responsibility tO indemni .fw. (2) Insurance. The city may not entel in~0 any franchise,' or otherwise authorize any cable or open video system operator to use the public rights-of-way, until and unless the city obtains assurance that such operator (and those acting ofl'i~s bdhalf) have adequate ~nsurance. At a minimum, the following requirements must be satisfied. (A) A cable or open video :system ~perator shall not commence Page 13 of 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20- 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 construction or operation of the facility without obtaining all insurance required under this section and approval of such insurance by Risk Management of the city, nor shall a cable or open video system operator allow any contractor or subcontractor to commence work on its contract or sub-contract until all similar such insurance required of the same has been obtained, and approved. The required insurance must be obtained and maintained for the entire period the cable or open video system operator has facilities in the right-of-way, and for a peri,od thereafter as spec!fled in the minimum coverages described below If the operator, its contractors or subcgntrac.t0rs do not have the required insui-ance, the city may order such entities to st~p 6~eraiions until the insurance is obtained and approved. (B) Certificates of insurance, reflecting evidence of the required insurance, shall bi file¢~with the Risk Nl,?am3,ger Coordinator. For entities that are entering ~e m~t, ~e cemxfiC~t~~ ~all be: filer prior to. the commencement of construction and ncc a year thereafter, and as Provided below in the event of a lapse in coverage. FiSt entities that have facilities in thee right-of-way as of the effective date of this chapter, the certificat~ ~ail be flied ~vith~ si~ (60) C lendar days of the ~aoption o~. this chapter, annually th~r~at~er~ia!~~ ~ ~r~vi~t i~e~oy~ in the event ;fa lapse in coverage;unless a pre- existingfranChis& ~e~~ni l~id~.'f°r filing of:certificates in a;dlfferent,manner (C) ~ase cg{'tffi.cates of insurance shall contain a provision that coverages~ afforded ~e~ th s'e "' ' ~ · ~ p~kc~e~ will not ,be canceled uaUl at Ieas~ thirty cai · ' ........ ' ' · endar days prior wr~; ,~n ~gt~e-h~b~en~.given:,to the cuty. Polmt'es shal~ l~'i~sued by companies authorized fo'd6 bii~iness Under the laws of the State of Florida. Financi~ Ratings must be no le~s than, "A" in the latest edition of "Bes~ 'Key Rating Gu"" published by A.M. Besi)'G~/id~. me. (D) In the event that the insurance certificate provided indicates that the insurance shall termitiare or lapse during the period of this contract, then in that event, the cable or open video system opermor shall furnish, at least thirty.(30) dalendar days prior to the expiration Of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the franchise or license under which cable or open video system operates. (E) A cable or open video system operator, and its contractors or subcontractors engaged in work on the operator's behalf in, on, under or over public rights- of-way, shall maintain the following minimum insurance: 1. COMPREHENSIVE GENERAL LIABILITY insurance to cover liability bodily injmy and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence b~si~, with the following limits of liability: Bodily Injury ~. Each Occurrence $1,000.000 ii. Annual Aggregate 3,000,000 b. Property Damage Page 14 of 43 1 2 3 5 6 i. Each Occurrence $ t ,000,000 ii. Annual Aggregate 3,000,~00 c. Personal Injury Armnal~Aggregate ? . d~:::~. ,C~mpleted~eratio~S aniI Product~ ¢i_abili~ .sh~,il ~be ~hCmed for two .~ ~ (2) years ~fier~th~;:tem3inaff0~4 6f'tti,~ ~h~b agr~em~t~ 0?~i~.c~nse i ~i~.the case 9 of the cable or! OPen~ ~mo ~system Ope~0:ot ci~mlSl&ti~ri o£~h~ ~oi~ ~ol2~the c~le or open. 10 video ~yS~em d~rator ~in tl~e ~ase r~f a e~ntractor or suhcontractor) 12 b~ 18 19 20, 22~ 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4o 41 42 43 44 45 46 47 all ,a.; . ,~orkorsComp~n~safiori " ~ S[atut°rY .i'. b. ~ployer's Liabilky $ 500~000~>~&~ence 3. OMPREHENSIVE AUTO LI~ILtS~Y a. BOdily Injury. i. Each Occurrence $1,00(J,000 ii. Annual Aggregate 3!~JO0~00 Property Damage i. Each Occurrence ii. Annual Aggregate $1,000.000 3,000,000 Coverage shall include owned, hired and non-owned vehicles. (F) Each cable or open video system operator shatl hold the city, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of its construction; operation or repair of its cable or open video system and name the c~ry as an additional insured. (3) Performance/payment bonds. Every operator of a cable or open video system may be required to obtain performance bonds and, if necessary, payment bonds to ensure the faithful performance of its responsibilities under this ordinance and any franchise agreement or license for an initial build, any substantial rebuild, upgrade, or Page 15 of 43 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 ~5 46 47 extension of its facility, or when construction plans show that there would be more tha, one thousand (1,000) feet of open trenching in the right-of-way at any given time. The amount of the performance and payment bonds shah be set by the City Manager in light of the nature of the work to be performed, and is not in lieu of any additional bonds that may b.c. req_uireathro .gh the permitting process. The bond shall be in a form acceptable to the mty anomey, the c~ty may fi:om tn-ne to nme, increase the mount of the required performance bond to reflect increased risks to the city and to the public. · (4) Security fund...Every cableOr ·open video system ~operator shall establish a $25,000 cash security ~und, or~pro¢ide':the city an irreVOc~ible ie~t~r of credit in the same amount, to secure .the payment:of fees owed; to secure any otherperformance promised in a franchise iagre~e~ent, andlo payanY taxes~ fees or liens owed to the cify. The letter of credit shall be m a form and With an institution acceptable tO the city attorney and director of financial management. Shou!d the City draw upon the cash~ security fired or letter of :video system operator, and the cable or particular T~ city may video system aired Public: Sec. Enforcement and Remedies. (1) Administration..The city manager or its designee is responsible for enforcing and administering thi$ chapter, and the city manager or its designee is authorized to give any notice required by law o~ under any franchise agreement, including by way of example ahd not limitation, a ~tice required under 47 U.S.C. §626. The city mmaager or its designee is a~so .authorized ~ seek information from any cable or open Video system operator,~ to est&blish forms fo~isubn~ission of applications and-other ir}formation, and to take ali Other actions necess~ or aPPropriate to the administration of this ordinance. Franchises may only be issued ~ rev6ked by action of the city commission. (2) Application for aifranehise (A) An appli~ation must be filed for an initial franchise or license; for a transfer; or for renewal of a ~chise or license. Each entity that is required to hold a franchise or license must sub~it an application therefore to the financial management department or as othenVise de~.}~gnated by the city, in accordance with the requirern~nts of Articles liB- IIC. To be accep~d for filing, an original and six (6) copies of a complete application must be submitted to the purchasing division, financial management department. Alt applications shall be available for public inspection. All applications shall include the names and address~ of persons authorized to act on behalf of the applicant with respect to the application Page 16 of 43 (B) An application may be filed by: any person on that person's own initiative ~r, in response to a request for proposals, The Pui'chasing Administrator is authorized'fo issue requests for proposals from time to time. ,~(C) i EV~.~pplica:fion!:shall be~ accompanied by~a, nonrefimdable feein am0unts"es!~bli~li~.d fiz0m,~me to:time:,by~-the~City Co~sion l~y resoiu~i0n.:: -,~: - 8 (D)"~ ~pplicant that is awarded a ~ax~.chis~ or license, shatl pay to the city 9 a. sum of mqn~,'~i:enL!0 rein3bume,it fo~ att.pubtic~ifion exp~nses !~ncurr~d by it 10 conneCtion w. ith, th~;~a~ti,ng ,of g :franc'hise.~0r4ieense:pUrsuant to~ th~'~ pro~iou~ of tiffs 14 i5 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (3) Minimum contents of every franchise or license In addition to satisfyin, g the other applicablE i~equirements of Article H, ¢~ry franchise ag?eement ot license for a cable or 9pen vi;de, o~sys~em~s'aall contain the following provlsmrfsr - (A) ~ The francN~se cement or. license shall rov~de that neither the , agr p granting ?f an!fl ~6t3i$e or !ic_~_s~e, or any :proyisi0n there0~ ;shal}:;conSdMte a4c~iver or bar to.t~ exercise Of any goy~ental fight or~ power, police :p0xuer} 0r i'e, gdat~ry~ power of the city as m~,xist at the~ti~e the fran6hjse!is:issued orqhereaf~:b~ 0b~ained, (B) The franchise agreement or license shall onlT: authorize occupancy the fight-of-way to provide the services and for the purposes de~fibed ih. ~e franchise or license. (C) A franchise or license shall be a privilege that ~is held in the:public trust and personal to the .original ~ranchisee. The franchise agreement 'o~ license shall ensure that no tran~sfer o?, the franch, ise or license ~ay :occur;' directly Or indirectly, without the prior consem of the!city~ exee]pt as contempiat~ by, seetion~ 21-16(2){E). (D) :The,franc~his~ agreement.or license ~shall ensure that any person placing a cable or open ~!id¢o~ systbm[ in :the right.of-way WiI1 not di~cr/minate in hiring, in contracting, Or in tl~ pro,vigi~n of services. ' - Page 17 of 43 1 2 3 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (E) The franchise agreement or license shall contain appropriate provisions for enforcement, compensation, and protection of the public, consistent with the other provisions 6fthis ordinance. (F) The franchise or license shall be for a specified term, set forth in the franchise agreement or license. No franchise issued under this chapter shall be for a term of longer than ten yea~s; no license issued under this ordinance Shall be for a term of longer than five years. (4) Penalties. Any person who violates any provision of this ordinance shall be fined for each day the violation continues in accordance with Chapter 162 of the 1996 Florida Statutes, as amended. (5) Revocation, reduction :of term,~ or forfeiture of franchise or license. (A) Licenses shall be revocable at the will of the City Commission. (B) Where, after notice and providing the franchisee an opportunity to be heard (if such opportunity is timely requested by a franchisee), the City finds that the facility is being operated in violation of this chapter or substantial violation of the terms.of the franchise agreement, the city may make an appropriate reduction in the remaining term of the franchise or to revoke the franchise. The city manager is authorized to establish and conduct a proceeding that comports with the requirements of this Section 2 I-16(5)(B), and to issue a recommended decision, but any such decision may be appealed to the city commxssion. Any appeal must be filed within thirty (30) calendar days of the decision of the city manager or it ~shall be deemed waived. Notwithstanding the fo/-ego~ng, the franchise may not be revoked unless the franchisee: 1. was given notice of the default; 2. was given thirty (30) calendar days to cure the default; and 3. failed to cure the default, or to propose a schedule for curing the default acceptable to the City where it is impossible to cure the default in thirty (30) calendar days. The required notice may be given before the city conducts the proceeding required by this section. No opportunity to cure ts required for repeated violations, and fraud shall be deemed incurable. (C) Notwithstanding the foregoing, the city may declare a franchise forfeited where the franchisee: 1. fails to begin to exercise its rights under the franchise within a period specified 'in the franchise agreement; Page 18 of 43 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 : 2. stops providing service it is required to provide in the franchise; 3. without the prior consent of the city, transfe~ ~he~ franchise; or ::4. fails tO. pay any fees reqmred hereua~?r, ~ncludmg, but not limited to. application fees, permit-fees~ O~ f~ancl/iSe f~es..t · .... (D) The City shall give a fi'anchisee thirty (30) calendar days notice of an intent to declare a franchise forfeited, and shall provide the franchisee an opportunity to show cause why the franchise should not be forfeited. -- . (E) ~.~N~ot~ithsmndi;alg~the fo :egoing~ any frk,~ch!se maY, at the option ~of th~ :~ity fonOwir~g a p~biic ~hearifig befor~ th ~ city commissioni.~b~ i. evot~e~l one hundred twen. (120) caiend ' days afte~ an .assig aent~ for the benefit of creditors or the appo~tJ~nt.of~r~e~r~,o~ tm~t0~ak~:6~ the bUsin~Ss-~fth~ ~nchisee, whether ina~ rec~i~e'r;hip,' reorganiz~ti0~i b~l~t~~ ~si anem for th? benefit of creditors, or other acfi~ o~ prece, eding, 'uhles~ withita: th~:~ne~ idred ~.:eh~(120) ~h~nda~ day pefi0d: . 1. Such assignment, reeei~ershi}~ or trusteeship has been vacated; or . 2. Suer assignee,~ recei~er~or tm~tee has futly~eofiapliefl i~wkh the terms and ~ondmonsofthis ~pter andyne franchise agre?ment!~and has e~ecu~efi an ggreement, app.,roved by a:court h~vi~g j~trisdi~tion, ~s~mming and agf~e/ng :t6 :b~ ;boufid by the terms and conditions of this :chaPter and'the franChiSe agreement.': ~ ' (F) . ,Nonvithstanding the fc ~going, lin' the event ~f fq~' ~o~ure or other judicial, sale of any of~tbe facilities; equi~m ,tOt proper~ 6f a .~hlsSe? !be city may re¢~ke the franchise, following a!p~bii*.i~e~ ng before thee ¢i,~c~smmi~si6r~' ;by serving notice upon the franchisee and the. Succes: al bidder at the sale¢ in: which ,event the franchise and all fights and privileges of~e :ag~ ch~e:wilI;,b$ revoked and mill terminate' thirty (30) calendar ~lays after servingsuc~ ne ce, Unless: successful bidder; and The city. h~ . approvedl the transfer of the franchise to the 2. The successful bidder has covenanted and agreed with the city to assume and be bound by the terms and conditions of the franchise agreemem and this chapter. (6) Effect of termination or forfeiture. Upon termination or forfeiture of'a license or franchise, whether by action of the ciw as provided above, or by passage of time, the franchisee or licensee Shall be obligated[ to cease using the cable or open video system for the purposes authorized by the franchise. The city may either take possession of some or all of the licensee's or franchisee's facilities in the public rights-of-way after furnishing the cable or open video system operat~r With writter~ notice 'and grgnting the cable or open video system operator a reasonable period of time, ;but in no event more than thirty (30) Page 19 of 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 t7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 calendar days, to remove same, or require the licensee or franchisee or its bonding company to remove some or all of the licensee's or franchisee's facilities from the public rights-of-wliy and restore the pnblic fights-of-way to their proper condition. Should the franchisee or licensee neglect, refuse, or fail to remove such facility, the city may remove the facility at the expense of the franchisee or licensee. The obligation of the licensee or franchisee to remove shall survive the termination of the franchise or license for a period of two years. Provided that, the!.~.ty may not take possession of, or require the franchisee or licensee to remove,~any facilities that are used to provide another service for which the franchisee holds a valid franchise or license isSUed by the city. (7)' Remedies:Cumulative. All remedies under this chapter and any fi'anchise agreement are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another, nor shall the exercise of a remedy or the payment of Hquidated damages ,Or :penalties.relieve a cable or open video system operator of its 0b!ig~fiqns m comPly, with itsFranChise. Remedies may be used singly or in combination; in. addition, the city may exercise: any rights it has at law or equity, l~e~overy by the.city of any amounts under insurance, the performance bond, the security fund or letter of credit, or otherwise does not limit a cable ot op en~video system cmerator s d-v -r u~w to lno' ~emnl f'u tho ~qt~r ........... h any; ,was{; nor Shal~ such r~,overy relieve a cable or open video ~stem opera'}or of its'J 0b~l~afi~n~,. u~der a ~chise¢!imit'the mo~mts owed to the city, or in any ,r~pect prevent the city .fi-o~ exemi _s~.,g any i0ther rigla~:~ er~remedy, it may have.:~ Not~n~ M;ein ~hall be ~ead t9 .,.aUthorize the doUbte-reCove~ ~fdamages: (8) 2iccess to,book&and~record~: (A) Each zable or open video system operator shall, upon thirtv (30) calendar days, if reasonably possible, but in no event less than five (5) business days written notice, provide the citY access to all books and records related to the construction; operation, or repair offthe cable or open video system so that the city may inspect these books and records. Any and all non-proprietary or non-confidential books and records may be copied by the City, The. operazors' obligation includes the obligation to produce all books and records related to revenues derived from the operation of the cable or open video system. An operator is.responsible for obtaining or maintaining the~necessary possession or control ~of all. b0oks: and recorda related to the construction, operation or repair of the cable or open video SyStem,:so that it can produce the documents upon request. Books and recorda,n~lst:be m~i~t,~ined f0r:aperiod ;f five (5) years, except ihat any record ihat is a public reCOrd must b~ maintained.~0r the period required by state law: and a franchis ~ ~.~ - , _ ~ ~ cma specify ajshoger peri6d for :certain categories of voluminous books and'records where t~Ye information contained (heiein can be derived simply from other materials. (B) For purposes of this Chapter, the terms "books and records" shall be read expansively to include information in whatever format stored., Books and records requested shall be produced to ~the city at Cit~ Hall except by agreement or pursuam to section 21-16;~8)(C). (C) If any books and records are too voluminous, or for security reasons cannot be copied and moved, then a cable or open video system operator may request that Page 20 of 43 1 2 3 4 5 6 7 8 9 10 tl 15 17 23 24 27 2~ 29 30 3t 32 40 42 the inspection take place at some other location mumally agreed to by the city and the operator, :provided that the operator must make necessary arrangements for copying documents selected by the city after its~: review; and the operator must pay all travel and ad~!fiqnal c0py~ing ~xpcnses in. curred, by the city in inspecting those documents or having _th6~ d0eum ,ent~'!~nSpe~&d by iS d~sign-ee ' (D).~,~Witho, ut-li~7~i~ag:~e:?foregohag. Jhe'opemtO~:~iof.a'eable~ o~, 6pen video syst~,m shalliP~b~!d~,me, ei~6~hgtwitt{ii% ier~?(~0) e~i[~ua~:;kfi{yS;dfthOk:'~:e~ei t'or (in the case ofdocument~ e~;~ted by/th~ ~perato~or~t~,~tiate)~lmg: -, ~ - video able to to require that [0 the and a accurate city Or L~ engineer. the (12) ~ompliance ,v~th la~vs~ E~h 'franchisee, sha~l comply~ with all applicable laws heretofore::and-hereaffer,adO~t~d or e,~t~bH~h~d du~ng tt~e ~n~ir~'~ ~its ~anch~se. (13) Resemaaon off authort~, The city may do ;ail th~ngs w~¢h, ~ neces~, and convenient in the exercise oE its jufisdic~on Under thr~ an/cie. The ~city m~ager or its des~ a% he. by :gu~o~d: ~nd ~empowere~ to~ ~dj~tt, ~e~l~ :or c9mpromse ~y con~o~sy invbMng effo~ee~r Ch~ tis rasing ~m the ~p~ibm o~y ff~chisee Page 2I of 43 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 4I 42 43 44 45 46 47 under this article on behalf of the city. o~& city commission may accept, reject or modify the decision of the city manager, and the city commmsion may adjust, settle or compromise any controversy or cancel any charge arising from the operations Of any franchisee or from any provision Of this article. (14) No waiver. The failure of the city to insist on thne!y performance or compliance by any person holding a license or franchise shall not constitute a waiver of the city's right to later insist on timely performance or comPliance by that person or any other pers6n h¢lding such a license or f~a~chi~e. (15) ,Ordinance~not a contract. The City expressly reserves the right to amend this Chapter from tide:to-time inthe fixemise elits lawfid powers. This and a~y ordinance adopting provisions of this chapter shall not be construed to be a contract. Transitional Provisions. (I) Persons operating without a franchise or license. The operator of any facility, the operation ofwhi~l~.i~'required to be franchised or licensed under ttfis chapter, shall have three months~ fr0n~ the effective date of this chapter to file one or more applications' for a franChiSe Or ~ license under tiffs chapter. (2) Persons holding franchises or licenses Any person holding an outstanding franchise from the Ciiy' for 'a cabIe system tO provide specified servmes may continue to operate under the existing franchise to the conclusion of its present term (but not any renewal or extensi~oln thereof) With respect, to th0S~e activities expressly authorized by the franchi$e or license; provided, h~wever, that su~ franchisee or licensee may' elect at any time toi'applylfor a Superseding franchise or license under this chapter, and must seek additional frunchi~es or licenses fo provide other services. Provided further, that licenses that are revocable at will may be 'revoked by the :city, and the licensee may be required to obtain a new license under this chapter. (3) Persons with pending applications. Pending applications shall be subject to this chapter. A person with a :pending application shall be provided thirty (30) calendar days from the effective date of this chapter to submit additional information to comply with the requirements of this governing applications chatSter. Sec. . Special Rules For Govemment Entities. Nothing herein requires the city to apply the provisions of these articles to a governme~nt entity if. the city d~t~ines that it is not in the public interest to do so, and nothing in this chapter shall bel r~ad to require a government entity to comply with this chapter, where the city cannot ehf6rCe the chapter against such entity as a matter of law. Sees. .-- . Reserved. IIB. Speciat Rules Applicable to Open Video S,~,stems and Open Video System Operators. Page 22 of 43 2 3 4 5 6 7 8_ 9 10 13 14 15 16 18 19 20 21 22 23 24 25 26 2'7 2~ 29 30 31 32 33 3~ 35 36 37 38 39 4O 42 43 44 45 46 47 Sec. . - Application for a franchise. (t)' Contents of application for initial or renewal franchise. In order to obtain an initial or renewal franchise~ an operator of an open video system must apply for a franch~e .~e application must contain the following information~ and sueh-informatinn , :' - ~ {A) :~Ider/titv 6f the appiican[; ~e per~0ns Who exerCise' w~'~rklng control over the applicant and the perSons Wha c~Sfi~ti ~0~0 ptm}~n t6 ih~ fi~ii~;a~e ~ ~fit facility. 1..A descnpfion~ of the services that are to be provided over ;the. 2. The 10~atio~l of prdposed facili.ty and facility design including description of the miles- Of Olant' to b~ in~stalle~i~ wher~ it is to b~'loc~ited, ~nd the size Of fac htms and eqmpment'that wilt be located ~r~ 'on, over; or above th~:r}g~ts-Of-wav. 3. Identification of the,area of the city to be served by the proposed system, including a descriptioii 6fthe ~/mposed' ffan¢t~isearea% boundaries" ' (C): A descr/ptic/n of tlie manner in wh!ch the system ~ilt be installed, and the time required to con~tffiCt ~the' sygtem; a~.the bx~ect~Ci ef~et o~'::rie, ht-0f-w/iv usage, including information on the; abitity 0f the rights O~ ~&y to a~c0~0:~l~t~' ~e ;propoSed system, including,~as appropriate given the s~;s~m i~rbl~0sed, 'an estimfi~e:6~f~theavailability of space: in conduits and an:'~S~irnate of the cos~O:f dnj fiecessarg ~6arr~'~gCrheni 6f existin~ facilities. (D) A description, where appropriate, of how services will be converted emsnne facHmes to new facdmes, and what will be done w~th ex~stmg facH~tms. (E) Proof in the form of financial statements, attested tO bv a certified public accountant, that the apptrcant has the financial resources to conSplete the proposed proiect, and to construct, operat~ and i~epair the proposed facility over th~ franchise term. It is not the intent of the city to i~qdire~an applicant td:pi:ove that the serVmeg'it Proposed tO offer will succeed in the marketplace. ' : {F) Proof lhat applicant is tec~hnicatly qualified to construct, operate and repair the;pr?osed facility.' At a~minlmum, th~~ applicant imust' show that fi has experience Or resources, to ensure that ~voi-k is :~o be p~rt~omied~ adequately, and'can ~respond to emergencies during and after coristmction is complete. (G) Proof that the applicant is legally qualified, which proof must include a demonstrafidn that the appliCant~ Page 23 of 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 i6 17 18 19 20 21 22 23 24 25 2~ 27 28 29 30 31 3~ 3~ 34 35 36 48 41 42 44 45 46 1. has received, or is in a position to receive, necessary authorizations from .state land federal authorities; .2.. has not engaged in conduct (fraud, racketeering, violation antitrust laws, consumer protection laws, or similar laws) that allows city to conclude th applicant cannot be relied upon to comply witk requirements_of franchise, or provisions :this article; 3. was not a convicted vendor thirty-six (36) months or fewer to the date of the application ptn~mmnt to Chapter 287, Florida Statutes, or was removed fi'om the convicted vendor list pursuant to Section 287.133, Florida Statutes' ~ ~ 4. is willing to enter into a fi'anchise, to pay required compensatio,, 'and to abide by the p~'ovisions of applicable 1aw, includinv, those relating to construction operation or maintenance of i*~ ro~;~;,x~ .-~ /.~' ....... ' ' ~ ~xa~i~ OJ. lU lli~i I10). enterea mto any agreement that would prevent it from doing so. G-I) An affidavit or declaration of the applicant or authorized officer thereo£ certifYing the trutk/andJiecurac7 of the information in the applicatiofl~ and certifYing the application me6ts all requirements of applicable law. (2) Additional information re~arding a~liates; presumptions. Tothe extent the applicant is in any respect relying on the financial or ~echnical resources of anothcl person, including another affiliate, the proofs required by sections 21-44(1 )(C)-(E) shon]d be provided'fOr thai persr~n. An-hpplicant will be presumed to have the requisite financia or techhical or legal'q6ali/ications to the extent such qualifications have been reviewed and approved by a state agency 0f comPetant iurisdiction; or if applicant is a holder of franchise in the City for a cabl~ system or open video system, and conduct under such other frani:hise provides no basis for additional investigation. (3~ Applications for transfer. An application for a transfer of a franchise mn~, contort same ini'ormation 'required by section 21-44(1), except *hat. if the transfero~ submitted an application '~ursuam to section 21-44(1); to the extent information provided b,) ~th~ tiansferor under s~e/ipn 21-44(I)(B)remains accurate, the transferee mav simply cr°ss~reference the earlier application. (41 City review: The city may request such additional information as it finds necessary, and reqt~ire such' m0difi~ations tO the: application as may be necessa~ in the eXemise o~fthe citV'~ mh0rity over open X4deo ~svstems. Once the information reauired bv th? City. h~s been. ~rpk/ided, thelappticatior/shal'l be promptly reviewed and.shall'b~ m'ante,'l if the c~tv f'ind~ that~ '- ~ (A! The applicant: has the.qualifications to construct, operate and repair the system ?r0p6d~d in conf~ity x~i'ih applicable law The city shall provide a reasonabl 0pport~it¥ to :an applicm~t tO show that it would be. inappropriate, to ~den¥ it a franchis under section 21-21 (G)2,~bv virtue of the particular circumstances SUlTonndlnr~ the matt~, and the steps taken by the applicant to cure att harms flowing therefrom and prevent the;, Page 24 of 43 6 8 9 10 II 12 16 1'7 recurrence,.the lack of involvement of the applicant's principals, or the remoteness of th, matter fi.om the operation of an open video system. An application f6r a franchise area shall not be- granted if the fi'anchisee has no plans for constructing a system within thc entire area for which the fi.anchiSe is sought. '. to its 21 22 24 25 27 28 29 3O 31 32 33. 3~ 35 36 ~ ,, 2: transferee agrees, to be hound by all the conditions of l the ~fi.anchiS~ ar~d~ ~;0 iaSsume-ali the ~ui~ati~s~o f i~s~pr~dece~of; and 3. any ,outstanding: compliance and compen~a6on issues are resolved or preserved to.the.sati:S~fi6n 6f'ihe ci~,. :, (E)' An appl[can,~ shal[not~ he. issued~ a franehise~ if. it fites~ or in the pre~ious three years, filed materiallv4mi§teading:~r/I0rmation ih a. frahcl~ise~ 'appllcatmn; or in~erifi0nall¢ withheld iti£ormation ~ai~thO appliemat itawfull~ is required to'~rovide · ~ Compensationl }. ~V ~peratoi' ,of an; open- ~ideo system shall pay compensat}~n to the cit~:as t~oll0ws~?i:!:,, !: · 42 43 (A) Te,the extent lhat theswstem is :used to provide cable services: a pementa~e of:gross revenues (as tha~ term is.;de~ned in'Article [IC as it' the open video system operator were a cable operator) each ~Oarter eq~l~l to the gross revent~ percentage paid by an¥11eiibleloperator for the Same qi~aflen, in addifi°n~ :unless a franclii~e aereement provides Otlierwise, an open video s~stem operat0r~shal[ ~5a¥ to the city, at a time. directed by the city, an amount equal to ihe highest amoUnt contributed bY any cable operator under its franchise for and !n Support of. ~ublie, ~educati0nal ~and e0~ernment ~e (includim, institutional" network use) of its 6attic '~¥sterm T6 tree. extent that*a cal~i~ oberator is for govemme/~tat use, ~he operator must directed:by theCit¢, orprovide a cash this section, the City 'shall ensure that the obli are no or lesser than the the ~'anchise ~hall increase provide (in cash and in 47 Page 25 of 43 1 2 3 5 6 7 8 (B) To the extent that the ope~'~ideo system ,s used for the provision of telecommanications services, the open video ,system operator shah pay the fee required of a telecommunications service provider. /C) Such other compensation as the City may char.~ in the furore, consistent With Fedeial' Or State law, including, fees iinpos~d upon olden video svster,', lessees. 9 (6) CustomerServiceStandard Certification. An open video s'~stem that enters 10 .into an a~xeement to compI.¥-with theeust°mer 'servicestandatds aplslicable so cabl, 11 ' SCst6ms ma~ be;~er~ified by the' ci as 'C~SUrn~r ';' ' ...... ; : ;: tv , ~Fnendl¥- C~TY OF BOYNTON 12 . ACH fo~:s0long asat complies wath those requtrements: 13 14 ., (7) ~ Every cable or open. video systean and every cable'or open .video svstern :~,i0~rlsh~a!t~i~ m~ed to intemonneet,~th ever~ other' ~able.-o~ 0~n :/?ideo System ~,rt ~ ~ifable oroPen ;i~deb:.s~stem operator~ Withiri::Ihe ei~ ord.,fair ~and' ~as~nable terms for ~!;piirpia~es($~p~-0vidir/g~pgG:and I-Net services. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 ;Secs. -- . Reserved. aC. Special Rules Appli~able to Cable See. . Defifi/tionk Television Swstem~ 1LD Xcce~s-Channel means any capacity on a cable system .set aside by a Franchisee for public, educational, or governmental use. - (2~ .Basic CaMe ~$ervice or Basic Service means anv Service Tier that includes the retransmi~]~n 0.i~i&g'television broactcast Si~rnal~ 3L~ Cable Act. means the Cable Communications Policy Act of 1984, 47 U.S.C. {521 et seq., as.amendeg.b¥ theCable Television Consumer Protection and Competition Act of i992,:i~,furthe~',~ended by the Telecommunications Act of 1996, as further amended from time tO time., (4) Equitable ~rice means Fair Market Value adjusted downward for the harm to the cite or ~bscril~,..iiif any, resulting from a franchisee's breach of its franchise agreement or xaolatton o£this chapter and as further adiusted to account for other equitable factors that may be considered consistent with 47 U.S.C. ~547. 5~1 Fair Market~iValue means the price for the cable system valued as a ~oim, oncern but w~th no value~ocated to the Franchise itselfi (6~ Governmental Access Channel means any capacir~ on a cable system set aside by a franchisee for g°~emment use. 7~1 Gross Revbnues means any.and all cash or other consideration of any cable operator of a cable, system an any way derived from the operation of tlSat cable system to Page 26 of 43 I provide cable services in the franchise area. Gross Revenues include, bv way of 2 illustration and not limitation, monthly fees charged subscribers for ~¥ basic, optional, 3 ~ premmm, per-channel, or per-prom service; installation, disconnection, reconnection, 4 and chan~e-in-service fees late fees ~ 5 received fi'om 8 9 10 11 13 i4 17' 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 or to ~be- distribute~ · ~ Service~Tier. me~s, apaekage:ot~two or, more cable services forwhich a separate ~har~e~is ~ade b¥-.:the:~a-~ehi~, other th~ ~ ~//~k~a~e;6~¢rem_i~m anti r~av-~er: view se~ces tlmt is nr~t~Sub, ieet:.t6-~ite .i~{ulafion:undei~the;E~[~ A/et aflg~t~hli&ble FCC re~latmns bec~se those se~m~ ~e alsosold:on a tme:~l~¢ea~e:~sig;~.; . ~ who (12) and facilities for receipt thereof in ~ith the Sec. A franchisee may not reqmre a subscriber or, a!bmldmg owner or manager to enter into an e~clus~'e contract as :a e°nditmn ;:o~ br0~fl~n~6r con~mnl service However,. nothing her~em preverds~a franchisee from ~entermg ;into an~,othen~se lawful Page 27 of 43 1 2 3 4 5 6 7 8 9 10 1I 12 13 ]-4 15 16 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 mutually desired exclusive arrangement with a building owner or manager of a multiple dwelling unit or commercial Subscriber. Sec. Relation to 47 U.S.C. §545-§546. This Article IIC shall be read and.applied so that it is consistent with Sections 625 and 626 0ftha CableAct, 47 U.S.C. §545-§546. Sec. ., Applications for Grant; Renewal, or Modification of f~anchise Written Application. (A) ,4, wri¢en application shall be filed with the city for ,~ant of an initial franct~iSe;~ renewal Of ~ franchise ,mde, r 47 U.S.C, §546(a)-(g); 'or modification of a franchise a~reement pursu.an~t to this chapter or a franchise a~reement. A request for renewal may als0 be filed mformally, pursuant to 47 U.S.C. §546(h), as provided m Section (5). 2(2) Contents ofApplieations. A request for proposals for a franchise includin,, for a renewal fi'anchise .under 47 II.S.C. §546(c), shall require, and any application' s bm~tted pursuant-to this Seetaon 21-44(1) (and expressly not an informal renewal application submitted pursuant to 47 U.S.C. 6546(h)) shall contain, at a minimum, Ira following information: (A) . IdentiW.; of the applicant, the persons who exercise working contro over the applicarit, and ~e pei-~0ns who control those persons, to the ultimate parent (B) ' Identification of the area of the 'city to be served by the proposed cable system, includine a description of the proposed franchise area's boundaries. (C) A' detailed description of the ~physical faciIities proposed, which shall include at least the following: 1. A description of the channel capacity, technical design, performance characteristics, [headend, access (and institutional network) facilities and equtpment. 2, The location of proposed facility and facility desien, including a description of the miled Of pi~t fo be installed, where it ]s to be located, and the size of facilities and equipmenf that Will be located in, on, over. or above the ri~hts-of-wav. 3, A de,scription of the manner in which the system will be installed and the time reqmred to. construct the system, and the expected effect on ri~hts-of-wa¥ usaee, ~nclud~ng ~nformatmn on the ability of the rights-of-way to accommodate the proposed svsterrh including, as appropriate given the system proposed, an estimate of the availability of space in ~ofiduit~s and an estimate of the'cost of any necessary rearrangement of existin~ facilities. Page 28 of 43 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 4. A description, where appropriate, Of how services' will be converted from existin~ facilities to new facilities, and what will be done with exisnn~. facilities. . · , (D) A- dentonstrati0n of.ho~ the applicant wilt reasOnably, meet, the future cable-related needs and interests of the cOinmunitv, in¢luding::deSChiSiib~/lS~.o~ih~capacitv, facilities and ~upPort for pubhc, educational, and governmental use of the cable svstgm (including institutional a~rkS) apPli~an/~p~oPo~e~ t~>~Stovide and why.applicant believes that th~' ¢ropbsal is adequate to'meet the future cable-related needs and interests of the community. .;: ;~(~E) A, demonstm.fion of ~he financial-qualifications of the applicant inct~ng at least ~the following: · ~: t .. The proposed rate stmCmre, l~tcludi~gYPro~ed et~ar~es for each service tier, in~tallafion,,converters, and all other: propes~d equiprr/~nt or;se~[ces~ 2. A financial statement, attested, to by :a:certified public accountant demonstrating the applicanfs,fi~l. ~ibfli~t0:COinplEt~.'th~'cO~stiJucfiOn anti ~pemtion Of the cable system prOposed~ find ~: " : 3 Pro forma financial projections for the:,prolSosegfi'anchise term including a statement of prolected income, and a~ schedule of.planned: capital additions· with all significant assumpfi0n~ explaih~in no~esor Supt~rtjng ~l{edhl~s! (F) A demonstration of the applicant's technical ability to constmcl and/or operate the proposOd ~ble sWS~em; ~ ' (G) Proof that the applican~ is lega!ly quatified4 which proof must include a demonstration:thattheaPPl~e~?.': '~: ~. ! .: .!'~ · i/~ 1. has received, or is in a position to receive, necessary, authorizations ~fi'om state and federal authorities; 2. has not engaged in conduct (fraud. racketeering, violation of antitrust laws, consumer protection laws, or simifar law~) that allows city to conclude the applicant cannot be retied Upo~ to compt,fwith r~quirement§ of franchise, or provisions of this article; 3. was not a convicted vendor thirty-six (36) months or fexver pr/or to the date of the applicatiofi ptirsttan~[~o Chapt~i~ 287~:, FlOrida Statutes, or was removed from the convicted Vendo~';liS~iJarsuan~ ~0 Sectir/r/''~287: i.33; F~0rid~(S~atuies; 4 5 : 4. is. xvilline t6 enter into a. frand~se? to pay required cgmpensauon 46 .and to abide by the.!~.pm~isi:bns 'of: hpptieable:,~iaw~i~ncludin'~' those' relating to the 4 7 construction, operation or: repatr of its famht~es; and has not entered in o any am-eement Page 29 of 43 1 2 3 4 5 7 8 9 10 11 I2 13 14 15' 16 17 18. 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 42 43 44 46 47 that would prevent it from doing so; and 5. the applicant must not have submitted an application for an initial or renewal franchise to the city, which was denied on the ~round that the applicant failed to propose,~/cablesvstem nieeting the cable-related needs and intereSts-of the community, or as to which any 'el-iaii~hg%' t(~ such franchising decision were finally re~olved iincluding any appeals)adversely to;th~ applicant; within three (3) years preceding the submission of the al~plic'afi0n~ ' ' The city shall provide a reasonable opportunity to an applicant to show that it would be inappropriate ~o deny it~ a.fra~¢hise under Section 21 ~44(2)(G)2., by'virtue of the particular cir6umstanCes surrbund{ii~'i~:matter and the steps mken.bV~the ~ppti~an(m ~CUre: all h~s flowin~ therefrom and prevent their recurrence, the lack of involvement of the applicant p~ncipals, or-th~'~remoteness'ofthemaner from the operation of a cable system. (I-I) To the .exit that the a~plicant is in any respecLrelving on the financial or ~teclmical resouree~ of. an¢iher, person,~ineludin~, another affit/ale~ .the proofs required purser to Se~iofi~'~'/l~44~2'ii~"and ~F) should be:Pr°~ded for~that p~rSom..:~, im in Florlan ~erein. of that in Florida where its franchise Elorida, it shall the information £ot states. . ..~ ~(~: ~!t. gr de~atmn~of the apphcam:or authorized officer thereof certifvin~ the troth hndi'~/C~i~ ~f ~fie ~ihi~0~afio~: ki :the ai/Plicati0n, and certifying that- the apphcatton meets all~eqntrementsgofapphcable law. than a Cable Act · a franchise in response to a request for an RFP shall contain tho other information as the RFP may e RFP. A properly !1-44(3)(C). Th(' time:to time as may be appropriate to establish ~ :Not?khstandin~ the provisions of secUon 21-44(3)(A), a person may apply for ,~m nut[al ~nchise b~ Subm~ttm~ an unsohc~ted appScation containing the Page 30 of 43 information required in section 21-44(2) and requesting an' evaluation of that application pursuant to section 21-44(3)(C). Prior to evaluating that application, the CiW may conduct such invesfigations as are necessary to determine whether the application satisfies the .standar~ se~~ ..f~rth in section. 21-44(3)(C), 'including by ,commencing a proceeding m id~t!~i '/fie ~hire Cabte.~iated ne~ ~d~-interesrs ;0f~:the. Z/~i, hi'; tit ~im,~:mav .ad~htional/. app!,i?afio.~.ns.:?prior ,to~:)~aluating the -aPl~lic~fi~am!¢;~,?kppi~iCaiat 'foi,:~'an :~,h,! ~¢~ed an 'op~o~hi~Y t°:arnend~i~S~ihppt~a~ eib ]i.~l~:6g ~. result ~of ' ' an:f'investi~atxon Conducted bv .the city, prior to evaluation 0i' that a~pli~iti6not~ilrsuant Section 21-44(3)(C). 14 15 16 18 19 20 28 30 31 33 34 37 39 40 41 .42 43 45 4~ maintenance 'as . nronen'v, nublic ~Page 3I of 43 on 21- , that or of i~ranchise an 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 whether or not to issue a franchise, the cit¥~shall~hold one or more public hearings or 2 implement other procedures under which co~ent~:from the public on an application ma'/ 3 be received as required by ~tate ot- f~deml st~n,~ The city also may ~'ant a franchise 4 based on its review of an applicatio~ witho[zi ~er proceedings and may reject any application that is incomplete or fails t~ respond t0 an RFP. 4~. Procedure for applying for ~rant of a Cable Act renewal franchise. Requests for renewal under the Cable'Act nhal,1 be received and reviewed in a mann~' consistemi~ith S~cti0n. 6266f/he Cable:fAct, 43 ~.S.C.' §;546. It is tt;e ~p~)sal s~bmitt~i by a fi'anehisee Unde~ 47 U~S¢C.~ ,~$46(b}, an/t hot the request for Commencement of the renewal proceedings submiite~dhnder ~,~u.s~c. ~§546(a), ~hat must contain the informatio ~ required under see~ion~21-44(2). ~ If neither a franchisee no~ the tit3, activates in a timely mariner, or can m~vate ~he rene~ p~o~ss Set' forth ~in 47 U-S:c. ~546(a)-(g)(ineludlm, fq~ example;-if ~e pr0vi~ons ~ r&p~d)~' arid exert as to applications Submitted ptlrsuan,t toi 47 'U~S.C. §5;415(hJf_the '~robisionSof Secti~ 21244(3). ~hall .apply..and a renewal reqt/est. Shall b~ :eValh~/ted ~ing ~he ~e:~(er/~i as any. ~)ther .request for ;, franchise. The followin~ requirements shall appi ;t0 enewal r~x~uests properly Submitted pursuant to the Cable Act: shall issue ; review and ~ franchisee related to th, 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 the final a should not~ be :renewed Ac[ N Page 32 of 43 1 03'} If an administrative hearing is commenced 'pursuant to 47 U.S.C. 2 §546(c), the franchisee's application shall be evaluated considering such matters as may be 3 considered consistent with federaltaw. The follow~n~ procedures shall apptv: 4 5 1,~ The proeeedin~ :shatl~be conductee[-with ~ii ~Ie{ibe?at~ speed in 6 accordance with such lawful pmcedumsas the:~eiW.,,,may ad0pt by res01utiO~2 8 ~, hearing, 9 will 10 tl. m 13 L5 16 18 19 establish 20 2I 2,2 23, 2:4 2~ 2~-~ '- 29 ~] 38 3! 33 34 ~k 35 36 37 38 39 40 42 43 44~ 45 46 47 c6nfer, ence and shah city 1 2 : 3 4 5 6 7 8 section 21-44. 9 10 il 12 r3 14 15 16 17 19 2(] 21 22 24 25 26 27 28 29 30 3I 33 3~ 37 38 40, 42~ 43 44~ (5) Informal applications For renewal~ Notwithstanding the above, a cabl,', for be denied for anx (6~ Application for modification ora franchise ~ ~, ,(.~) An:~icafion for, modification ofa franehiseagreement shall include, avm~mmtim~ th~' folk~wiii~ in fora afl an: 1.[ The specific modification requested~ ~ 2.. The iustification for the requested modification, including the mpact of the requested ~odificat~n on subscribers and others, and the financial impact o. the applic~nt if tlSe ~odificati0n i~ approved or disapproved; demonstrated through, intc,~ alia, submission Of pr0 f0rrna financial staiements. . 3: A statement indicating whether the modification ia sought pursuant to se&i6h 625~ 0fthe Cable Act, ,47 U S C §545, and, if so, a demonstration thc he requested mod~ificatton meets the standards set forth in 47 U.S.C. §545; 4. Any other information that the applicant believes is necessary for the city:to make an info,ed determination on the application for modification; and 5. An affidavit or declaration of the applicant or applicam's aflthofized officer ce~'fi~ the troth and accuracy of the infarmatlon in the application, and certifying that'the.api31lcation is consistent with the requirements 0f apPlicable law. (B) A request for modification submitted pursuant to 47 U.S.C. §545 shall be considered in accordance with the requirements of that section. . ~ Public hearing,s. An applicant shall be notified of any public hearings he d in~ connection-wi/h the evalUlti6n 'of its' application and shall be given a reasonable o~pbr/tmity:io~bi he~d.i In addition,-prior to the issuance of a franchise, the city shall prbvide for th~ h6idihg 6~a l~Ubllc, hearing within the proposed franchise-area, followine notice' to the p/~bl[~, atWhich e~ch appl~cani and its application shal} be ,examined and thc public and alt ihte~'esied'¢arties afforded a reasonable opportunity to be heard. Sec. . Construction Provisions. 1~ System construction Schedule. · Every franchise am'cement shall specify tbe constmeti0n schedule that will apply to any required construction, up~rade, or rebuild of the cable syst6m: The schedule shall provide for prompt completion of the proiect Page 34 of 43 1 2 3 considering the amount and type of construction required (2~ Use~ of franchisee facilities.. The city shall have the right to install and maintain t franchisee any wire 9 10 11 12 14 15 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 fair mm-ket rate / when it ¸of a fair date Within sevefl (?),.busifless' d~?s subleet to ost-shanng. such must · :,: Page 35 of 43 compliance with the [eqtdrements ,of the fran~hise a~reement and other technical and 2 pefforrnarlce standard~ e~t~/blished by applicablela~ Unless a franchise agreement (,~ 3 applicable law provides; ~tlaemri~e~ al! tests. ~hhl:! be c~nducted in accordance with federal 4 roles and in accOrda~aC~ Mth ,the, most ;recent. edition of National Cable Televisio,~ 5 Association s Recommended Practices for Measurements on Cable Television Systems," 6 or such other manual as may be directed under FCC regulations. A written report of any 7 test results shall be file~;iwi~th the city within seven (7) calendar days of a request by th, 8 city. Ifa location fails i0-~eet technical.or performance specifications, the franchisee 9 without requirement of~ additional notice or request from city, shall promptly tak,'. 10 corrective action, and retest/he locations_ 11 12 md every cable or open video system 13 i4 for 15 16 ~ 7 ~ System maintenance. I@ 19 Scheduled maintenance shall be performed so as to minimi?e the effect of any 2 ~ necessary interruptions of cable service. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 5~. Continuitv o_f service. Each franchise agreement shall, during the term of the franchise, ensure that subscribers are ;able to receive continuous service and that, in the event the franchise is revoked or tern~mated, the franchisee may be obligated to continue to orovide service for a reasonable peri6d to aSSure an orderly transition of service from the fi'anchisee to another entity. Sec. . Operation and reporting provisions. (D Communicatio~ with regulatory agencies. If requested by the city in writing, a franchisee' shall file' with the clty all rel~orts required by the FCC includin? without limitation, any proof of performance tests and results, Equal Employment Oppommitv ("EEO~) reports, and all petitions, applications, and commumcations of all types directly related to the cable system, or a group of cable systems of which thp franchisee's cable system iS a part, submitted or received by the franchisee, an affiliate, or any other pers0h on!the behalf of the franchisee, either to or from the FCC, the Security and Exchange Commission, or any other federal or state regulatory commi~i~on or agency having iurisdicti0n over any m~tter affecting operation of the franchisee's cable system. Provided that, nothing herein requires the franchisee to produce regulatory or court filin~s that are trea, ted by the agency or court as confidentia( such as Hart-Scott-Rodino Act filing~. Nothi~/g in ~his :Sectio~ 21-46(1) affects any rights the city may have to obtain books~an3 records udder Articl~'II. 2~. Reports. Page 36 of 43 qum:t~wtf requested by the City in writing within forty-five (45) calendar days after thc end of each calendar quarter~ a fianChisee Shall submit a ~report to the city contamine the following information, within thirty (30) calendar da~s of such written request: ,5,:~ :~ ,,.: .. _~., ,: ,,,.: L the numb~af, service cal!s(ealls:requiiSng a tmCk~oli);' 10 11 12 for the 16 17 18 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 47 duration and th~ cause:. c th total e i ' :" :'~" ~ ..... ~. .... ~ · e st mated,ho~s of, k~own,.outa~es~ ~, ~ ~ ........ ~ .... ................... , ....... ~ ...........,6m, outage ~s ~ loss o:f sound ~d v~deo on ~y ~ ,, (B) Uponwritter~req~eSl;0fithe,Ci~,,~4notater~han:~netv (90),calendar days aner the 6nd of its fiscal' year, a ~14i~ee~.~_a.~?~ubmi,! i w?i~!¥~ort, Within fortv- frve,(45~ calendar days o:f such req/t&ai'~that~s~ill:Eorilaifi ~t/cti,.4iff~j~nhiltion as may be required from time to time by the city, arid at least the following, unless the city waives the requirement: 1. a summary of the previous year's activities in the development of the cable system, including descnptmns of, servmes ib,eaun or~d~scontmued, the number Of subsCribers,gainedor~Ost foreaehc~te~brg~fcab~es~rvice; ,. '! -2. a summary, of, ergice,~c~its for which records are required under section '21-46(3~(A),:MefltifYi[i~:iboth!!~"'the:~h~ber'; and'nature of the ..... r-mt, service calls received and amexplanat~6mof thew d~$pomuons, ~f any, ~ear for the cable, system, audited By a certified publm~accoUnta, ntq 4. an ownershiP!re¢ofc¢ ~dieafi~g all: persons who, at the time of filing Control or Own ah interest in th~'. ~an~hi~ee'~t~ ~fi 15~rc~fl,t ~i 0%) ~ ~or6; 5. a list of officers and members of thc Board of Directors of the franchisee and any affihates d~rectly revolved m the operatm~ o~ the mmntenance of the cable system; Page 37 of 43 I 2 3 4 5 6 7 8 9 10 1I I2 13 14 !5~ 17 18 19 20 21 2§ 24 261 27 29 32 33 34 35 37 38 43 47 6. an organizational chart showing all corporations or partnerships with more than a ten (10) percent interest ownership in the franchisee, and the nature of that ownership interest (limited partner,' general parmer, preferred shareholder, etc.); and showing the same information for~eac~ ?0rporation or partnership that holds such an interest in the corporations .ori parine~:ships so identified and so on until the ultimate corPorate and partnership int6re~ts are id~hfified; .7. an annual report of each entity' identified in section 21-46(2)(B)6. which issues an annual report; ' 8. kcompIete report on its plant. This plant, report ~hall state the phy,sical~mi[es 'of plant qq~!stru~0n ahd p.~ in operation during the ~)ribr.catendar year ~Provid~'i~Viiions to th~*c~le sysiem maps flied with the~ciW~ and report the results of apprOpriate electronic measurements to show conformity with FCC technics! standards. .... i': 9~-;~A rep?rt,sh~.~n~q, for each cable customer service:standard in fome~~ ffan~id~!~ p~fform~nce Wi~ ~espeot tO ithat standard. ~or each:quarter of the precediag~ year. [it each: case where f~chisee concludes ~t dj& not com~l¥ ~llv, the ~ .ff.2anchise~ w~lI d~sm-ibe the.c~)rrecu.ve actions it i~taking ta ass~e f, ature compliance. . ' 10. i. Nptwithstanding the above; once the information sequired by Sections 21-46(2)(B}4.)[6: ~ be.eh filed ~nce, it nee~l bffiv he fail}ed if it changes. Records R~quired. A fran~_isee shall at all times,maintain:. sufficient to allow the franchisee aall~ ~eceived with information (B) Records of outages known to the franchisee, with information sufficient to allow a franchisee to prepare the reports required in this section 21-46; (C) Records of service calls for repair and malmenance indicating the data and time, if available~ semite ~a~ 'requested, tk~ .d~:: cf az'z~n~'x'!C~:ment and date and Ume, ~f avalable, servme was scheduled (ff ~t was scheduled)~ and the data and t~me, if available, service was provided, and (if different) the date and time the problem was solved, if available; and (D) Records of installation/reconnectionand reqt~ests for service extension, indicatina datd ~f ~eqabstl date df acknoWledgrnent~ if available; and the date and time, if available service was ~md~t-prowded. Page 38 of 43 1 2 3 4 ~5 7 8 9 10 1! 17 18 19 21 22 24 25 26 27 28 29 30 31 32 3'7 38 40 4'7 Sec. :.. Rate regulation and consumer protection. l[!3. Scope and applicability.' The City reserves all rights to implement and impose regulation ofa franchisee's ~ate~ a~ld~cha~' es ~:..ti~e maxl!;'~: *~: ' · ' g .~ li'h~ extent penmtted b~r :;~a~y~ and ?may ~d0~ so b~:mendment~.i~::ll~i~: ctm~t~r'~ ~":~men~l~eht-~0-a~ franchi~s. agreement; or in any other l~wful'~a,~n'6r~' ' : ¢ ~ : '. ~ ' ' ill franchise fee in an No transfer shall occur ~vithi~ut prior Written notice .m'antin ~ of Page 39 of 43 1 2 3 4 6 7 Application. (A) The franchisee shall promptly notify the city of anv proposed transfer. ~ will 17 18 19 20 21 22 23 2~ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 8 (B) At least one hundred twenty (120).calendar davsprior to th' 9 contempl~ed effecfige date ~6fa tran~¢er, the,franchisee shall ~,~,~*~ ¢,- 10 apphcatmn for appro~raI of the transfer. S/ach an an~licafion ~qhall nro,~irl~ 15 ~ informafi0r~ onth~ Proposed transacti0ni il~eh,cl~ng details on the te;al 12 and 6t~ quahficat~ons of the transferee, and on the Dotentia} imnaet ~3. subscribe[.[ate~;~d s~mce, At a,~niplm~ the followin~ informatkm must be.included 14 in the appli~iti6fl, pr6vided that, a franchisee is not required to, duplicat¢~{nformafion that it 15 submits to the city tO c0mly With its obligations under federal or state law: 16 ~ A. all information and forms required under federal law .or the eqai~al~iit 6fSUch~?~'rms, ifn6t6fi~r3equ~edbyf~ral law- ~ ,, and 21- 3. any ~ontraets or ot?r documents t~t relate to the proposed transaction, and all-d~eumentsi s~k~da!es, :¢~l~ihltg;, ~t~ the like iref:erred to therein to th~ extent that such.document~at~on ~s~Teqmred by ~lie FCC ~:¢ . 4. anv~sha~eholder repons or filin~g with the Securities and Exchange Commission ~ SEC.~-'~that ~iscus~the,.transacUon- : . oth~an£o~tmn ~epesS ~a~,~ lo provide a complete and accurate undemtan&n~ of t~e finan~.~:o~!~ ~able sWstem hefore~ and after the proposed 6. complete information re~ardin~ any potential impact of the transfer on subscriber rates and ~ce: ~ . 7., a brieftsummam;of the proposed trannferee!s olans for at least the next five (5) years~ {egardin~fl:i~.¢.i e, xt~n; Plant ,and e~mpment~upgrades, channel capacity, expansion or~ ehn~{h~h~Sn of ~ces, and any other chan~es affecting or enhancing the performance o~tl~,eable ~vgtem (C) ~ ~he pu~os~es,~of detem~m,ng whether ~t shatl~ consent to a u'ansfer, the City or its agefi/s ~¢i~ iiii~fi~e ~)hiO~:all!q~i3tllficatiOns of th~ prospective transferee and such other matters as the cx~ n~awd~em necessary to determine ~vhether the transfer is in Page 40 of 43 (3t Determination by Ci~. In making a determination as to Whether to grant, deny, or grant sublect to conditions ,an at~lie~tion for a:'transfer of ~.;franehme} :~ ~it¥ ~ha~l~l d6nsider th~ legal financi~L~nd'teehnical quatifieratfo~ O£'th~'~)[ranS£ere~ to O~/e~ ~ Cable ~s~em; any the incumbent 15 16 18 19 22 23 25 26 27 28 29 f~anct'dse sole - 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 calendar days ~' information. each and acts and :':Page 41 of 43~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 :- (D) am'ees that the transfer shall not permit it take any position or exercise any right which could not have been exemised by its predecessor franchisees; (E) , warrants that the transfer will not substantially, increase the financial burdens upon or substantially diminish the finaRcial resources available to the franchisee (the warranty to be ~based on comparing the burdens upon,and resources-that will be available to the transferee compared to its predecessors), or otherWise adversely affect thc ability oflhe franchisee to peffonn~ warrants that the refer will no~ in any way adversely affect the (G) notifies the city that the transfer is complete within five (5) business days ofthe date the transfer is co.mpleie; and (H) agrees that the transfer in no way affects any evaluation of its legal fmancia! or technical iqualifm~itio:n~i thar~y oecurunder the franchise ob applicable law after the transfer, and does not dir~ttiy~or ihdlrecflv authorize any addifiomfl transfers Sec. . Connections to cable system; use of antennae. (D Subscriber right to attach. To the extent consistent with federal law, subscribers shall, have the right to attach VCR's, receivers, and other terminal equipment to a franchisee% cable system to receive services for Whicti they paid. ! Subscribers also shall have the right to use their own remote control devices and conveners, and other similar equipment to receive ~services for which they paid (2~ Removal of existing antennae. A franchisee shall not, as a condition of providing service, require ~ subscriber or potential subscriber to remove any existing, antenna, or disconnect an antenna ~ except at the express direction of the subscriber or potential subscriber~ provided that such antenna is connected with an appropriate device and complies with ap~Iicable law. Section 3. Conflicting Ordinances All prior ordinances or resohitions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no ~vay affect the validity of the remaining portions of this Ordinance. Page 42 of 43 1 2 3 Section 5. Inclusion in Code. oftheCI~OF-B~YNTON BEACH, Florida. and;be 'made a part-:of:,the GITY OF ~5- - BOY~qhI'0~ BEACH ~od~'~)f Ordinances; and that the_sections or,this oi/dinmace may be ~6 7 8 or such other appropriate word ?r phrase gecii~)hi6. Effectiv; Da~e~ "article;'" 10 Commission, 11 12 13 14 15 16 17 18 19 20 2~ 22 23 24 25 26 27 28 29 3 0 ATTEST: 31 32 33 City Clerk 34 35 ,2000, SECOND(. FINAL READIN~G AND PASSAGE this adoption by the City dayaf .2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner Page 43 of 43 Requested City Commission Meemag Dates [] March 21, 2000 [] April 4. 2000 [] ~Ma~ 2000' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Einal trorm Must be Turned in to City Clerk's Office March 8, 2000 (5:00 p.m.) March 22,2000 (5:00 p.m.) Apffi 5, 2000 (5:00 p.m~) April I9~:2000. (5:0op.m.) Requested City Commission Meefin~ Dates [] May I6, 2000 [] June 6, 2000 [] June 20, 2000 [] July 5, 2000 XI-LEGAL FIRST READING ITEN B.12 Dat~ 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.) June 7,2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developraent Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal Bids [] Unfinished Business Announcement [] Presentation RECOMMENDATION: Motion to approve an Ordinance creatthg a new chapter of the City Code pertaining to the franchising and licensing of telecommtmications providers. EXPLANATION: In light of federal and state law, and the changes to local procedure required by them, it is necessary and appropriate to apply the provisions hereto to existing franchisees and licensees as far as is possible and to apply it to those with pending applications to place facilities in public rights-of-way for comnmnications purposes. PROGRAM EVIPACT: FISCAL IMPACT: ALTERNATIVES: Department O~dTst Signature Ctty Manager's Slgl~ture City Attomey Department Name City Attomey Finance / Htanan Resources S :~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC 1 2 3 5 6 7 8 9 10 I1 12 13 14 t5 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE OF THE ~, t~pubhc street, alleys~ ~n~,~and peer n frs-of-wa w)_thin the Ciw: (1~ :~t~ ~e trove! of ~mo~ ~ ~e~.~spq~;of goods ~d o~er mg~bles ~ ~e b~e~d ~o~ life of the co~ ~I ci~en~; ' (2) ~ ~ can be partially occupied by utilities.~:and other public service entities for facilities used in the d~livery, conveyance, and. iran~migsion Of utility and: public Sen'ices rendered for profit, to the enhancement of the healtl3 welfare, and general economic well- being ofth~ ~{~yand ii~ CitizenS; and (3) are a unique and physically limited resource so that proper management by the City is necessary, t.o maximize the efficiency ~d ~o:minimize the costs to the taxpayers of the foregoing uses :and to minimize the incom:enience to and negative effects upon the public from Such faci~fies', construction, emplacement, relocation, and maintenance in the tights-of-way; and (4) ~ are igtended for public uses and must be managed and controlled consistent with that inten~ ~ and WHEREAS, the right to place facilities and fixtures in such fights-of-way for the business of providing telecommunications services for hire. is a valuable economic right to use a unique{public reSource that has been acquired and is maintained a~ great expense to the City ~nd its:taxpaYers, the economic benefit of which should be shared with the taxpayers of the City; and WHEREAS, the CITY OF BOYNTON BEACH ("City") is authorized by state and local law to control the use of public rights-of-way, and to franchise operators of telecommunications systems, Which use such rights-of-way; and Page 1 of 28 1 2 3 4 5 6 7 8 9 I0 11 12- 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 WHEREAS, the City Commission of the CITY OF BOYNTON BEACH finds that it is in ~e interest of the public to franchise and to establish standards for franchising such operators ~nd licensing private communications systems in a manner which: (1) to the extent permitted by state 'and feder~ law. provides for a structure that compensates the City for the fair market value of. such property used while also reserving the fight to recover ongoing costs associated with the use of that property; (2,)~encourages competi:tion by establishing terms and conditions under whick an 'opemter of a telecommtlnicafions system, may use valuable public property to serve the publiC; - - : (3) fully protects the~.public and the City from any harm that may flow from such pr[~ate use of rightsmfiway; ' (4) protects and carries out the regulatory authority,of the City, .in a manner consistent with federal ang state law; and (5) othercvise protec~ fl~e public interests in the development and use of the City's infrastructure; and WHEREAS, the City Commission of the City finds that it is appropriate for various operators to obtain separa~:e franchises based on the type of service provided, in ensure that similarly si.n~fed 6perators can be treated as similarly as possible, and order to confusion as to regulator3 hUthority applicable to each type of franchise: and to avoid WHEREAS, in light of federal and state law, and the changes to local procedures required by them~ the City finds that it is necessary and appropriate to apply the provisions hereof to existing, franchisees and licensees as far as is possible and to apply it to those with pending applications to place facilities in public ri~ts-of-way for communications purposes. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission, Section 2, Chapter Article I of the Code of Ordinances of the CITY OF BOYNTON BEACH. entitled "General", is hereby created to read as follows: ARTICLE I - GENERAl, Sec. Definitions. Page 2 of 28 1 3 4 5 - 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (D Generally. For the purposes of this Chapter. the~follo~ine terms. phrases, words, and abbreviations shall have the meanings giverr:herein. Unless othermise words used in 1 and words_ "S ,14) Canstr~cttor~ ot~eratton, or repatr,. Constmctlom .ogei~at~on or~'repatr ~d, s,mdar~ff~at~s ~of~ ~at t~ me~s the~n~- a~onsmme~ze~ broadly. encomp~n~. %~o~o~er th~n~ mgt~iaiiom extem~on, ~t~ee. re~acement of components, mlocaaoa,~tmde~gro~dm~ ~ad~gh s~te &em~fi~n,~i~ ~{~ne. m~e- reMv, md excavafibn. (5) Comm~icatio~ facili~ refers to.a tele.commu~cm[~.faeili~ or a pfivate co~umcauom~S~em, but does not ~nclud~ a,~c~s~ ~c~e~%tem ~o~ the~extent the sine is reed to ;pi~¢[d~ ~able se~ice. (6) licensed, o thereim Fr~anchise refers to the .authorization .the. non-exclusive ilities located shall r of 1 operations on of and laws · permits and Page 3 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 bv the City or a private entity, or for excavating or performine other work in or along public rights-of:way. (:7) Franchise Agreement~ means a contract entered into in accordance with the provisloh~'0fthi~' Chapter b~t~Veen file City and a Franchisee that sets forth. Subject to thin Chapter..the ~enns and c?nditions under which a Franchise will be exercised (8) Franchisee refers to a person holding, a Franchise issued under this Chapter. or aF~hise issi~d-~firr to this Ordinance, subject to the pro,asions of Section 20-7 hereof. .; (~).' Er~his? Area means the area of the CRy that a Erarlchisee i's-authori?ed to?s~e! U~-~fiS Fran~[iise A~e~en,. , ~ (~0)~ FCC means.lhe Federal Communications Commission or its designee. '- (1~1) Gro~s. Revenues means any and all revenue, of any kind: namre~ fonm. ~12) License refers~to the legal authorization, terrain,hie at will. to use a particul~: disc~eie ~d lii-akeei'bortion of the public rights,of-way. ~ (13) ' Operator. when used with reference to a svstem,,refers to a nerson (al wb~ provides set,me over a commumcattons facility and directly or throu~ one or more affiliates o~s a simsifipant interest in such facility: or. (b)who otherwise controls or is /;e~p~ns!b!~ f~oi( thr0fl~h an9 ~gement. the management and 0'laer~ion of such a faciliw A person Ihat 1rases a commumcauons facility or a specific ¢0moi~ of a communications facfl~tv to ~rowcte telecommunications services shall be treated ~ an telecommunication:, fgcilRy ocerator for ~oses of this ordinance. (14) Person includes any individual, corporation, partnership, association, ioim stock company, trust, t~i- any other le~ai entity, but not the City. (I 5) Private communications system means a facititv placed in whole or ~n part ~,, the public ¢eht Of way, four the :provision of communications in connection with a person'.~ busin~ss~ but not er/~bmpassing in any respect the provision of telecommanication~ servlces. (16) Private c~nm~unications system owner means a~person that owns or leases a private co~ni/Cati0fi~ fd~iI{ty~ (17)' Public rich s-of4wav me~s the surface, the at, ea above, and the area beiow the surface. ~ ~a~3( pfibti¢ stre~lx high~ay, lane. path. aile~ sidewalk boulevard, drive bridge, ttm~el2: pa~k~5!.' v~ iter~-av, public easement, or similar propertv in whick the Cit~i now Or l~ek~after fioldjlahy pro,em-interest, which, consistent with the purposes, for whic it was ded~;r~d~'ma~ he "tse~i .for the purpose of constructing. :operating and repairing , communict[i!rns fa¢il/~: ?ubifc fi~hts of Way do not 'include buildings, parks, or othc property o¢3hed 0~- tepid [ r ~tt/$ City. No reference herein, or in any franchise agreement Page 4 of 28 1 3 4 5 6 7 8 9 10 1I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 to a public fight-of-way shall'be deemed to be:a representation or guarantee by the City that its intere§t or other rieht to control the use of such property is sufficient,to permit its use for such purposes, and a franchisee shall be deemed to gain only those fights to use as are over ali or; ~ of the more or service See. must~ :obtain owner may use a written is viate the '~hall Page 5 of 28 I 3 4 5 6 7 9 I0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (2) Purpose and characteristics. The purpose of mqmfin~ authorizations by service isto ensure as fares possible and avpropriate that persons providine similar sen,ices are treated similarly, considerin~ differences in circumstances, and to comply with requirements,of federal law which may.require the City to semmteits authority over cable systems from its aUth6fitv over other providers of telec/~mmnnications servmes. The revocation of ~frunchise for one particular type ofsvstemin and of itself will not affect the authoriW of a franchise holder m continue m operate another type of.system for which it holds another franchise. No franchise shall be exclusive and competition shall be encourage& The.issuance of a franchise shall not affect the CitVs right to itself construct operate, or repair any communications facility, with or without a franchise. attachments. franchise for a ,' CRv, and that or a facility, such as an:~intenna or pole top 5 de milmig For such facilities, the City f fee (4) Nature of ~rant. Neither a franchise nor a license grail convev title. equitablle or.leeal: in :the 15ehx§-of-way. The fight is only the ~p~sonai,fight to occupy riehtsh0f-w:av, for.the,fi~oses~d ~for the period stated in the:fr~hise or license: ri~htlicenSe or franchige may noi be subdivided or subleased Sec..: Comp~n_sation Required. (I) , Every operator must pay..Every operator of a telecommunications facility: and every privat~ co~iCati0ns ~oWner, and eeerv reseller mustpav fees for use of the rights-of-waY as: pr631~led! ?.. this Section and ~he specific compensation prOX.isions of ArUcles I~I a~d !g-Th!~ ~i~ e~establi~hes a two-part f~e stmcture~ An annual occupancy fee is intended:f6 ree&;er~0i~ lo[rig right-of-way costs to the City ~sed by burdens users place upton the h~ht-b~w~., k!~ranchise fee is intended to reflect the:value of the fieht-of- way. T0~ th& ~xteht that~sthte 3w Validly limits the amount a particular operator, o~ner or reseller Can fie r~quirdd tO: ,~v "to use the fiehts-of-way, such op~r&tor, owner or reseller shall pay the, maximu~'~hmfi ~t Permitted under state law, for the~p&iod such ~tate law limit remains in lawf~tl~effe~ i;[~ hil :bthbr daSes, operators of teleCOrnm~,~e~tiohs~ fi~ilities and commun~catmte franchise fee req~ireff?r pro~ ~des Oth6rw/~e T~e or reseller 5~ a ffan~ autho~izafioii:. Tl~a f~ fhbi[iii~S must pay the creater of the annual bi:culmflcv fee or the , thxs Article and Articles II and 1II. unless a franchise or license ~ise fee gpplies without: re eard to whether ,the :operator. ;~:;!ic~usee or u~es the ri~hm-of-wav 0ursuant~ to some other :~i~fee shall be based on aross revenues~ excepl asprOvided in Page 6 of 28 6 7 8 9 10 II 12 13 i4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (2) . Establishment or,es. The City mav,:unless othem~se negotiated and set forth in ~ franchise or license, fix from time-to-time bY resolution, the annual occupancy fee. and the market value ,fee cgntemplated by section 20-3(3)(B)ceach of which shall be chareec[on a.per linear foot basis for communications.facilities ia the publ~ ~i~,htq-of-wav ~ f0~eac~ mai~,r. ~eo~:raph/c~ivision of~e Cityi,The/Ci,tk~m~ fr0~:,~me~m dme iss~ e ~ exe~puons ~oman obli~t~on~to~pa~:an annual occupan¢~.fee~,where Iemng the:.fee would .res LlnaCl~mepaymentlorthes~ame?aclhWr~: --.,, .¢-~_, Inot be ,j,~l~ot~ticationtorpersons~thatproeidedi~erentO2peso~s~ice~s The fact that a if~ ~i{gC~m~ one ~e of sera,ce movid~ :ov~a' co~ti,n~'f~ciu~, :~es not excme~o¢~amr: from ~s duw, to pay ~es~ono~ ~es,Of s~ces cr~ded?~er that fac[l~~ AS' ~ em~i~. 'ad n& ~ a li~tmion of'~e fore~O~ :~6 ~er~t0r of a com~amcatms tactht~ must pag a cable~ch~se ;~ ~. the extent ~t~ pm~des cab e se~r~ces to subsenbem wa a cable system, tn addition te '~e fees ~qmred. h~!e~der. each Page 7 of 28 1 5 6 7 9 10 11 12 13 14 15 [6 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (D) The payment is not a payment in lieu of any tax. fee or other assessment except as specifically pro-,4ded in this title, or as required by applicable law. By way of example, and not limitation, permit fees ~d business license taxes are not waived and remain applicable and other fees ~and assessments to recover costs associated w/th the operation and maintenance of the ri~h~ibf-wav, that may be established from time to time by Resolution of the City Commission: (E) Within ninety (90) calendar days following the end of the calendar year..each person which~ gross receipts, shall officer or (F) The ~itv mav. upon fiCeen (15) calendar fdays advance written notice, inspect and examin&fii~ an&;ali bo0!~,~.and~ re~o~& .re~Ohablv neeessaw to the that is :ofa r within shall in this its bo work that it is the minimize and not Page 8 of 28 t 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 47 limitation, this includes zoning, codes and safety codes. In addition, the construction. operation' _and repair shall be performed in a manner conSistent,with highindustrv standards. Persons engaged in the constmctiom operation or repair of communications facilities shall . · exer.?ise reasonable care ~in the performance ~of, ali their activities,, and ~use commonlv ,.~ ac~epted:medaods and: demee~,for ~pte~emmg. f~lures- a~g,accidems~at are:~', to cause [?~ige 9 of 28 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 may direct otherwise. Wh~n~verafid Wherever the oWner of the poles upon which aerial facilities~e located moves i/~ plant fr~m overhead tb undemround placement in an area. all communic~ations facilities in ~at area Shall be similarly moved under~round. ~ (G) Any.and all public fights-of-way, public property, or private property that is_ disturbed or damfiged during the construction, operatibn or repair of a communications fadlity. ~hall be 15tomptly repaired by tile communications facility operator. (H) Tree trimming shall be performed in strict accordance with the City Code. (3) ' Relocation of facilities. (A) A cornr~,,.,unications facility operator shall, bva time specified by the City, protect, support, te.,mpor~lY diSConneCt, relocate, or 3em0¢e any of its property when required by' the~ !Ci~ b:¢~ re~s0/a of ifi-affic conditions: public flafeW; public ?~ht-of-wav construction: pu¢lic !right-of, way repair (includin~ resuffafiin~ or '2,¢idenin~.)i or for any municipal pmie~ including a.change 0tpublic right-of-way ~rade; eonstmcfiom ~nst~llati0n or rePair of sewers. drains, water pipes, publicly-or'ned po~erAines, Si~.nal lines; tracks, or any other type Of govemment,o.Wned eommunicati0ns system, public work Or i~provement or any govemment-0wned utility~ public fight-of-way vacation; or for any other purpose where the work inv~ived woul~ 'be aided by, the removal or relocation ,of thc communications facilit~: Cx>lleeti~el~. shch matters are referred ~0 below'as the public work". 1. Except in the case of emergencies, the City .~halt provide written notice describing where the public work is to be performed at least tl-dm' (30)Calendar days prior to the deadl/ne by which a communications .facility operator must protect, support temporarily disconnect, relocate or remove its facilities. :A communications fhcilitv operator may seek an extension of the time to perform such tasks where they cannot be performed in thine (30) calendar days, and such 'request for an extension shall not be unreasonably reflased. 2. In an emereencv, or where a communications facilirv creates or is contributing to an imminent danger to health, safety, or property, the City may protect support, temporarily disconnect~ remove, or relocate any or all parts of the communications facility without prior notice, and charge the communications facility operator for costs incurred. In case of such ememencv, where in the iudgment of the City, conditions Cermit the City shall reasonably attempt to notify the communications facility operator. The determination as to what constitutes an ememency is a matter solely within the discretion of the City. in the exercise of its police powers. (B) If any person (other than a governmental entity} that is authorized to place fac/lifies in the. right-of-way requests another communications facility operator receiving the request to protect, support, temporarily disconnect, remove, or relocate lt.q Page I0 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 facilities to accommodate the construction, operation, or repair of the facilities of such other person, tl~ communications facility operator shall, after thirty (30) calendar days' advance wzitten notice, tak(/'/ietion to effect the necessary chan~es requested. Unless the matter is governed by a valid contract or a state or federal law or regulation, or in other cases where the cormmu~cationsfacility .that,i,s being re~q~ediIo mox~e was,~not properly installed4 lhe COS~ ot' ~i~ sam~ ~h~ill ~.b~ borne bv th~ l~arev.~eq,uestmg,the prote~mm~uppom temporary fl~cormectlon, r,emoval..or relocancn, an&at.no~cl~e to the C~[y. - ·: - . ~, % ~ Ac raise or Every , (5) ..Undermvynd ,Sera,ice& Alert. Eack operator of a communications faciliw h t pl~c~ ~clIm~ ~rm~d sh~ he a membe[ of the remonal nonfieauo9.center for subs~e~ hs~pfis~:{Ufid~i~m~;S~i~Ald~)~dsh~i t~ld;m~k~e;Bcations of it ; Ceq~Si. ~e o~rat~r qhM1;:locate its (6) Publicizin~ ~ fA) EXCept Where ent~ is p~ant/o,a pe~i~ ~efor~ entefinz onto ~v private propemx ~to:,peff0~ work. a. co~unicatibnS (acitky, bperator, shMb ~e its best effo~s m conm~.Ih9 pmp~ o~;or ~M, the,c~ ~E resMentml~prope~-) the resident at le~t 0~e (!) d~p'~9~qe*: ~d ~es!Db~,ahe ~'o[~io~e:p~0m~& oe~, f~ m aav ce as Page 11 of 28 is possible, where the entr~, ts reqmred m order to perform work that must be completed in less than;one day. (B) Each commuaications facili~ o~mer shall provide the Citx- a plan for an? ini~. 1 sys[em~ construction, or fo~ any substantial,rebuild, upgrade or. extenston of its 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 (7) . No discrimination. Sublect ....... to State a~d' Federal law limitati0ns,, if any (A) A communications facili~ operator sb~l! not deny senSce, deny access, o? othenVise diseri.~inat.e{ ~ai/~qt.;subscribers. programmers, or, residehts of the Cir~r on the basis:of race, color, creed, national:origin, sex.:a~e; conditions of.ph~ical handicap. mligi0n, ethnic ba6}(~rom~d, marii~l status, or sexual orientation. (B) A comrr pers~ms or. the Ciw or.,/ake any t entity's exercise of any fight it may ha~ reqdire'a persoii or~t~¢ City/o (C) A comr state, and local l~,~S)'and reeuli sam~ may be ~r0m tirfi~'}oltime m icati0ns facility operator shall not discrimimt~ amon~ liatorv, action a~alnqt :a person or.the Cit~ because of tha-t under f~e. deral, qmt~,_ or local ta.w¢ nor mag the opemt(, 'e such fights as a condifion~ of mkinq-servie~_ nications facilit~ operator shall comply with all federal. 0ns, governing :eqUal emplovment op~>ortunifies, as th~. reded Protection of the Cit~ and' residents. (1) Indemnification {A) The City may no~ enter into any franchise, or other~Sse author/re any communications facility opera, tot to use the public fights of wav,~until and unless th~. City obtains~an adequate indemn)~ from such operator. The indemnity must at least' 1. release the City from and against any and all liabili~ and responsibility related to or in any ay arising out of the communications facilitx operator's, use of the right,-of-way or any franchise or other authorization. 2. indemr appointed officers a~ents, and ern causes of action of xvhatsoever } reasonable attorneys~ fees. reasc iudements, or d~crees, sustained 1 of. or resulting:from or.of the ac operator, or its a~ents..indepehde >erty it is authorized or entitled to ose as a result of th[. and hold harmless the Citv: its mnstees, elected and toyees, from and a~,ainst anv and all claims, demands, o, ~d or nature, and the resultinz losses, costs, expenses. able parategal expenses, liabilities, damaoes, orders. ' the City or any third parry arising, but of. or bv reas(,~ s. errors, or omissions of the communications facility it contractors or emplo'~'ees related to or in any wav Page t2 of 28 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4I 42 43 44 45 46 47 arisin~ out of the communications facility operator's use Of the rights-of-way or any propero: it is authorized or entitled to use as a result of the franchiseor other authorization. o. pro ~de that the coeenants and tepresbntations relating to the jndemnifiea6on £2) Insurance. The Ci~. may :not enter inta any ,fran~se, or othemse authorize any commumcauons facfli~ operato~,;to!~iiS~ ~:tStibliem~;of-wa¥, unul and tmless ,the City obtains assurance their sudX bplr~6r (and'~0se: a?in~ on ~its behalfl have that bv is the proof thru page 13 of 28 t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 3'1 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 equal and like coverage for the bal~tne~ o'~'~ ~fi2~'O'f ': an hko nr llro,,~o ,.~r p the ff,~,c_..= ................ which commun]~cations facility operates (E) A com. munications faciliW~ operator, and its contractors or subcontractors engaged h~ work on the operators behaifin, on. unclor or over public rights of-way. Shall maintain the following minimum insurance: 1. COMPREI4ENSIVE GENERAL LIABILITY insurance to cover !iabilitv bodily iniu~ and pmpertvdamaee. Exposures tobe coyered are: premises, operatmns, products/completed operafiOns~ and ce~taiacontracts. Coverage must be written on an occurrence basis, with the 'folloW,by limits ofliabili~v: a. Bodily Iniury i. Each Occurrence ii... Annual Aggrel~me $1.000.000 3,000,000 - b. Property. Damaee i Each Occurrence ii.~,. ! ~ Ahnual Aggregate $I,000.000 3.000:000 c. ::Personal:Iff _- .:'Annual Aggregate $3,000,000 .Completed Operm~ ions .and Products LiabiliW shall bemaintained for two (2) ~ear~, a~e;t the termina!,0rt of the franchise agreement or license agreement (ur the ~ase of the corhmunications facility operator) or completion of th, work for ~e communid~itions facility operator (irt the case of a contractor o, subc0ntractor), Prgperty !Damage Lia~bilkv Insurance shall include Coveraee for the f6Ilowan~haza!rdsz X - explosmm C - Collapse, U - mdorground 2. WOl~ maintained durin~the life of thislbo: and in the case anv y~'ork~is sublet. Subcontractors similarly to provide employees unfes! such emploCee,, communications :facility opera~or. cont, act0rs and ~hbcbn~aetors :~ha LiabilitY Insurance} ~eFollowi~ 1 ~ERS' COMPENSATION insurance shall be ~ct to comply w~th smmtotw limits for all ernnlawoq tch commumcat~ons facility 6~5erator shall require th. Workers Compensm on, Insurance for all the latter':¢ ~ ~?vered by the .protection afforded bv eac i Eai~" CommunicatiOns facility oneramr ~-~ ' ~ai~/~in ~during the life of this policy Emplove~,; m~ts must be mmntmned: W t · orkers Compensation Emplover's Liability Statutory 500.000 per occurrence 3, COMPREHENSIVE AUTO LIABILITY a. Bodily Injury Page 14 of 28 1 2 : 3 4 b. 5 , · ·~-~ 7 8 9 10 11 12 13 14 15 16 17 lg 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3,7 38 39 40 41 i. Each Occurrence ii, Annual Aegreeate Sl~.O00;O00 Property Damaee Coverage shall include owned.:hired and non-owned vekicles. establish a Page 15 of 28 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 See. (1)' Adminislration. The .City manager or its designee is responsible for enforcing and administering [his chapter, and the City rnanaoer or its designee is authorized t° ~ve any notice tequired~b¥ law or ;tinder any franchise agreement. Th'e City man~,er or its designee is also authi)rized to seek informationl from any communications facility operator, to establish forms for submission of applications and other ,information. and to take all other actions necessary or~ aP'Propriate;'to the adCninlstration of this ordinance. Franchises may only beissued or revoked by action of the City commission. (2) Application £or'a [ranchise. (A) An application must be filed for an initial franchise or license: for a transfer: Or for renewal ora franchise or license. Each eatitv that: is required to hold a franchise :or license ,must Submit an application therefore ,tothe '~nanciall maha~,ement department or as otherwise!designated,by the City, in accordance, wiih tlie'requirements of Titles Articles II arid Ill. To be accepted for filing~ an orJolnal and six copies~ofa;complete application must' be sub'tied to ,the purchasin~ division, financial management department. All applications shall be available for public inspection. Alt applications qhall include the names and'addresSes of persons authorized to act;°n behalf of the applicant ,aSth respect to the appIlCation. 03) An application may be filed bvany person on that person's own initiative or in response to a request for proposals.~ The Purchasing Admlnlqtrator is authorized te issue requests for proposals from time to time. (C) Every application shall be accompanied by a nonrefundable fee m amounts established from time to time b~ resolution of the City CommiqsionJ (D) An applicam that is awarded a franchise or license, shall p~av to the Cir,' a sum of monev sufficient to reimburse it for all publication expenses incurred by it in connection with the ~ranting of a franchise or license pursuant to ire proa4sions of this article. Such payment shall be made within thirty ' ' ' · {~0) calendar days after the C~tv furmshes the franchisee or licensee with a w~itten statement of such expenses bv delivery of same to the City clerk. (E) Notwithstanding any other provision of this chapter, vi{edges in trust or mortgages of the assets of a franchised or licensed communications facili~ to secure the construction, operation or repair of the system may be made without application and without the City's prior consent; except that no such arraneement may be ma& ff ~t wou d in any respect undrr any condition prevent the' communicatio~ facility operator or any successor from compivin~.With the franchise or license and al~131icable pm3isiuns of the Civ,, Code. nor may: ahw such arrangement permit a third pan,,' to:succeed ~to ~he interest or' the operator, or to 9wn or control the communications facilitw', without the p~or consent of the City. Any mortgage, pledge or lease shall be subiect and sub0i'dmate to th& riehts of tho City under this Chapter or other applicable law. Page 16 of 28 1 2 4 6 7- 8 9 10 11 12 13 14 15 16 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (3) Minimum contents of ever~ franchise or license. In addition to satisfvin~ the other applicable requirements of Articles I-III, every franchise aereement or license for a c~mmunications faciliw may contain the followin~ provisions: r .the of IlUSt ~nsure that other- ~ of e fined for Florida franchisee or of this the Ciw ~ or license or to conduct a tO Issue a page 17 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 recommended decision, but any such decision may be appealed to the City commission, Any appeal must be ,filed within thirty (30) calendar days of the decision of the City Manager orit shall be?c~e~med waived, Notwithstandin~ the foregoing, the franchise or license may not be rendered or revoked unless the franchisee or licensee: 1. was givep notice of the default' 2. was given th/ny (30) calendar days to cure the default;and 3. failed to cure the default, or to' propose a schedule for curina the default acceptable to the City where it is impossible to,cure the default in~thirm (30) cal&t~clar davs The required notice mav be ~/v~n before the City Conducts the proceed}ne'required by ~hi:; s ctlon. No opportumtv to cureus reqmred for repeated violation& and fi-aud shall bc deemddinc~able. (B) Notwithstanding the foreaOina, the City may declare a franchise or license forfeited where the franchisee or licensee: I. fail, s to.beain to exercise its fiehts.under the. franchise,ovlicerzse within a period specified~iiii ~fi-anfih~e!aereement or lice ~- 2. stop?.pm¥i~ing serviceit is, required to provide in,the~ ffanehise or license,; 3. without the prior consent of the C' ~t~. transl:ers,the,franchlse or license: or - . fails to pay any fees reqmred hereunder, m¢ln&n~ but noL l~mited to. anmml occupahc¥ fees fran~fiise fe~; license fees ~licati,-;, ~ (C) The City s~all g~vea franchisee, or licensee tlfirt~J g30~calendar days no~.celof an in~e?t tp d.eflare a fr,a~ckise r!,r license t'offeked.~ and~sh~ ~:bi. fkt~ the franchisee or ncensee an oPPOmmitv ~to ~how caiise wh~ th~ fr~chlSe,or: forfeited. (D) Notwithstandine the foreeoin~, any francbSse.or:license may. at ~,, option of the C~tv foltoxxln~ a public heanne before the 'Cnv ,commissib~ be revoked an. hundred twenty (120)calendar days after an assienment for the benefit'0f Creditors or ?mntment of a receive[ 0[ trustee to take over the busmess~of the. fr~chisee or licensee. whether in a'receivership., reor~ani?~tlon, bankruptcy assignment for the benefit of .creditors. or other action or proceedine, unless x~Sthin that one hui'dred ~'entv (120) calendar day period: I. Such assignment, receivdrship or trusteeship has been vacated; or 2. Such assignee, receiver or trustee has fully compl/:ed ~xith the term~ and conditions of~this chapter and ,the franchise agreement or license a~d has executed a,, agreement, approved by a court havine iurisdicfiom assuming and aereei~e ~0 ;be bound bv the terms and conditions of this chapter and the frar~chise agreement or license. Page I8 of 28 I 2 3 4 5 6 7 8 9 10 I1 12 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4l 42 43 44 45 46 47 (E) Notwithstanding the foregoing, n the exenr of.f6reclosure or other judicial Sate of any of the facilities, equipment or property of a franchisee,0r licensee, the City may revoke the franchise or license, following a public hearin~ before the City comnuss on, by serwng nonce upo~n the ~anchisee o~ l~eenseeand the successfUl'b~dde~ at the sale. :in which ev~iat the fi:,nchl~e;or~eense a~ii.~ts ~nd4~fivile~s (~f the franchise? Or license wilt b~ reV°ked and ~il tet~niiiate thii~/(3¢} ~alendar da~vs hfter se3ing .sUch:' fmnehke or license a, tkense or and restore thei i:All'~emedies under I ,' stated. relieve a limit the anv other right of Page 19 of 28 1 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 3l 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (8) Access to books and reCordx. (A) Each communications facility operator shalL upon thirty (30) calendar days written notice, if reasonably possible, but in no evem less than five (5) business .days writtCn, pot{~e. pr°vide the Cie? access to. all books and ~ecords related to the construction., operation. Or repak of the communicauons facility so that .the' Citv max, inspect these books and r~ords. ~Arff and all non-proprietary or non-confidential.books and records may be copied by the City. To the maximum extent p~rmitted by Section 166.231{10)(e), Florida Statures, such books and records qhall be kept confidential and Section 119.1 Florida · ~...(B} ~°r-pur0oses~o£1hisehapter, theterms boolc~ and records shalbe rear]! expanszvel¥ to ~'lnformht, ' in }ia/over ~'ormal qta,~/~ I1,~,,1,~ o,,,-1 '.~,.- reqnestefl;s, hall be :pmd~¢ed~ to the:C~ m City Hal} exee t bv.a eeme ~ ~.~ ~,_~ . .~..-~..~. ............... . ,,. , , p ~r nt or pursuant 1 (c) carmot be coPiedQar inspection tal~e ~hc pro 'lded that tt/~ ~ setefit&d by the cir cop~'ifla expeflSe~i i dOcumenis in~Pe~t~, If any books and records are too voluminous, or for security masons ~ moved~tht~n a cdmmunicafions facilit,tmpera~i ~av request that ti',, at sorn6 ~ttier location mutually aereed, to, b~ .th~ Chv andAhe:operator. )pe~aor must: mak~ necessm- arran~2e~enr~ for copyin~-doCUmer, l,~ after its review; anc[ithe operator/~hq, pa-~ all: travel -and aadifional 9ci~r;ed b~ the' Ci~ in inspecfine .~se d~mirnents or having thos, b~; its de~lenee . .. (Dj Without limitina the foregoing, the; operator.gE a communications thcility shall prq~de the;City ~he ~011owing within ten (10~ calendar Ch'~s Of their ~'eceipt c (in tM case ofd~/ttments, crea~C'c[.bv the operator or its affihmo).fiiine:~ 0~.. I. noUces af deficiency, or forfeiture.related to the overauon of the co{nmuni~afi6fi~ · 2. copies of any. request for protection under bankruptcy laws or anv iudement ~'elated to a-d~lamtion of bankruptcy or corporation tha~ owns Or e0ntr01s the operator directly or indirektl~'. _ Page 20 of 28 1 2 3 4 5 6 7 g 9 t0 11 I2 13 · 14 15 t6 I7 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (9) Retention of Records; Relation to Privacy Rights. Each communications facilit3, operator shall take all reasonable steps required, if any. to ensure that it is able to provide the' City all information which must be provided or may be law~ including for" the and : its of the other [~, ~,~?g~)~t~~dt;~o~,acL~¢ Th~ Ci,tviexnresslv reserves the n~ht to amend ;t.-h~c~ ~.~t~ex~r~se~of~m,I~l-powers~ ~s~.and am or&nance Page21 of 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lg 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Sec. Transtt~onal ProVisions. (1)' Persons o?eratin~ ~ithout a franchise or license. The operator of any facility: the operation o.f, ~ch is t~c~uired to be franchised or license~d under this chapter. other thaa-a person holdi~g ~ lease U~der Section 90-7(~ · shiilt'have tl~ree mnnth~ from thc, effective ,Me: Of, f. hi~ chapter to file'0ne or more"appl'ii~ti0n~- under this c,.hapter. Any operator or privaxe communications system owner timely illin, such an apptication shall not ,be subject',to a penalB~ nn/l°r, Section 20-6(4), hereof for failure to have such a franchise or tieense as long as said application remains pendin~ or extension fora ee't ?O th~ on tl',, with the in accordant, ~ time / with See. Nothing herein requires the City to apply the provisions of these articles to a government entitY.if the City ~termines that it is not in the public interest to do so, and nothing in ibis, eii~te*'s~hali b~ read to require a government entity ~o comply with this chapter, where the:.~[ty cannot ~force the' ~hapte~:against si~ch entity;as:a marker of law. Sees. - . Reserved. Section 3. Chapter , Article of the Code of Ordinances of the CITY OF BOYNTON BEACH, entitled' Special Rules Applicable to Telecommunicatibns Facilities Page 22 of 28 6 7 8 9 10 1{ 12 13 14 16 17 and Telecommunications Service Providers", is hereby created to,read as follows: ' ' ARTICLE I1 ~ SPECIAL RULES APPLICABLE TO 20 21 22 23 24 25 26- 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 the~ the 4, A,~description,~where~at~pro~riate~,'~iio~,~h0w, ~[vices will be converted from existin~ facfimes,~to ne~ facflmes, ~and wfiat '~w{1,1 be done ~ith ex~sun~ facilities. :. ~, ~ ,(C) ,Proof, ,attestedito ,by a certified,public acc~antant, ithat the zpplicant has the financml resourcesto,complet~t, he proposed prolect,~and.to~'censtmct~ operate and repmr the,proposed famhLw over the franchise [~rm. It ~s nol the intent of theC~ty to reqmre an applicant to prove that the Services:a proposed:to.offer ~11 ,su'ceeed[ m the marketplace. (D) Proof that,applicant is technically qualified.,,t~ construct, operate and re air,the ro osed facial At a:minimm, the appficam mdst shbw th&t it has experience 0r r~soUrc& to enmrethat work: i~ ~0~ 1Se performed,adequately, and can respond to eme~genmes durin: jg and after constmeuoa incomplete.: '~ ..:. ~ Page 23 of 28 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (E) Proof that the ~applicant is legallv qualified, which proof must include demonstration that the applicant: has received, ~or is in a position to receive, necessary authorizations from state[md federal authorities: 2. has:not en~aged in conduct (fraud, racketeering, violation of ~': antilrust law~, conSUmer protection I,aws, or similar laws) that: allows City to .conclude. the, applicant cannot be relied upon to c~1¥ wrii. h recmirements of franchise,.or provisions ofthis~artict~'and ~ . : 3.~ is ~willlnff. to%enter into a franchise, to ~pav requital coml>enSaliba~and 1~ abide bE. th& apPlieable~pmvisions of the City COde and,reeulafions..inctudin~:those ~mlatin~ to the constructi°n. operation or rnalnt, ellarlce of its facilities: and as .not entered into any a~reement that would prevent it (F) An affidavit or~ declaration of:~e applicant or authorized officer therecf certifyin~ the troth and accuracy ofthelinfocma*ionl in the application, 'and certif-dng that th, application meets all requirements of a~plicable lmv. (2) Additional information regarding al~liates; presumptions. To the extent that the applicant is in any respect relying on the f~/'l~ncial or technical resources of anoth¢! person, includin~ another affiliat, e.! thelprOofs r~q:~red by section~ 20,2i(1)~C)-{E) shouhl be provided for that person. An applicant will be presumed to have the requisite financial. or technical or legal qualifications to th~ extent sneh qualifications have been reviewed and approved by the Florida Public Se~ce Comn/iqsion: or if applicant is a holder of ;~ franchise in the City for a cable system or open video system, [md conduct under othc~ franchise provides no basis for a~dditionaI' investigation. An applicant that is leasinv existing faciIities from a franchised communications facilitv operator, where ~e apptica~ will have no responsibility for any activity that involves work in the ri~htq-of-Wav may rely upon the franchisee's technical qualifications, and will be presUmed to have the necessary financial qualifications. I3) Applications for trans[er. An application for a transfer of a franchise m~, contain the same information reqtiired b~ Sectioi~' 2;0-21 (1). except that. if the transfero! submitted an application pursuant to Seation 20-21(i). to the extent information provided, bv the transferor under Section 20-21 (t)(B).remains accurate the transferee may simply cross-reference the earlier4 application (4) Cia' review. The _Civ., may reques~ sUCh additional intbrmation as t finds necessary, and require such modifications to the i'~stem proposed as may be necessary i. the exercise of the Cm,"s authdntv~ over telecommunications facilities.i Once the Page 24 of 28 1 2 3 4 5 - 6 7 8 10 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 41 42 43 45 46 47 information required by the City has been provided, the application shall be promptly revie~ved~and shall be granted if the City finds~that: to construct, operate and repair the it a franchise and complies with anv i City's be bound by, all the conditions of the are franchise if it files or in the information that (5) .Compensation. ~fthis chapter, every nezotiated from an operator not acceplt in-kind payments pplied within pavment. Pgge25of 28 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (C) A reseller shall pay compensation to the City equal to ten percent (10%) of gross revenues or as other~vise negotiated in a franchise agreement (D) Gross revenues, for purposes of this Article I1. includes all revere e den~ved dtrecflY,or mdae(stl¥ by :the operator or~ ~n ff/e case of a reseller the reseller; ~ der, ed d~recfl¥ or m&rectl¥ by .their affihates, sub~alanes, parent companies, and any person m whom the opemtoror reseller has:a financial interestz or revenues received by the operator or reseller from a person, with whom <)perator or reseller has a mvenue-pmduclno agreement, from the provision of.telecommunications services via the.telecommunications the City. Sees. this chapter, (E) The compen~atlon paid by each provide~ha}} be publicly, disclosed by · - . Reserved. Section 4. Chapter ., Article , of the Code of Ordinances of the CITY OF BOYNTON BEACH, entitled "Private Communications Facilities". is hereby created to read as follows: ARTICLE III - PRIVATE COMMUNICATIONS FACILITIES See. Application for license. A person wishin~ to construct, emplace, operate, replace, reconstruct, or maintain ,q private communications system must obtain a license therefor. The license shall only authorize placement of the system in a specific portion of the public right-of-way for a limited and specific purpose in connection with the person's business but not encompassin~ in whole or in part the carriage of telecommunications for hire in the public right-of-way, and for a limited period of time. Such application must be in the form provided for bv reeulation and must be accompanied bv a filing fee. the amount of which must be fixed desio-nated bv reeulation, promulgated from time-to-time by the City. Page 26 of 28 1 3 4 5 6 7 8 10 11 12 13 14 15 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 Sec. . Conditions of license. Any license shall be subiect ~to such conditions as the City may from time to ttme establish, shall be expressly subordinate to the use of the rights-of-way by operators of Section 6. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 7. Inclusion in Code. It is the intention of the City commission of the CITY OF BOYNTON BEACH. Florida. that the provisions of this Ordinance shall become and be made a part of the CIIY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article." or such other appropriate word or phrase in.order to accomplish such intentions. Section: g. Effective Date. This Ordinance shall become effective thirty (301)calendar days after adoption by the City Commission. Page 27 of 28 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 FIRST READING this day of ,2000. SECOND, FINAL READING AND PASSAGE this day of ,2000. CITY OF BOYNTON BEACH. FLORIDA ATTEST: City Clerk Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner Page 28 of 28 Requested City Commission Meefiue Dates [] March 2I, 2000 [] Apffi 4. 2000 [] April 18, 2000 [] May 2. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Mtmt be Turned in to Cit~ Clerk's Office March 8,2000 (5:00p.m.) ;Mamh'22, 2000 I5:00 p.m. April 5, 2000 (5~O0'p.~m,). April 19, 2000 (5:00p~m.) Requested City Comm/ssion Meetine Dates [] May 16, 2000 [] June 6. 2000 [] June20, 2000 [] July5,2000 XI-LEGAL ITEM C. 1 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.) June 7, 2000 (5:00 p.m.) June 21, 2000 (5:00 p.m.) NATURE OF AGENDA [rEM [] Administrative [] Developmem Plans [] Consent~genda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve Mediation Agreemem between DSS Proportise, Ltd., DSS Management, Inc., d/b/a Two Georges Restaurant. Ocean Breeze FestiVal Park, and the City of Boynton Beach EXPLANATION: DSS Properties,Ltd., and DSS Management, lnc, d/b/a Two Georges Restaurant, Ocean Breze Festival Park, Inc., and the City of Boynton Beach have bee.n, engaed in litigation arising from the City's approval of the Marina Redevelopment Project, and following participation ~n mediation and through mutual cogpe~ation and effort the partise have resolved, through die attached Mediation_Agreement, all pending issues. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Not approve Mcdition Agreement and proceed in litigation.) f Department ~ead's Signature City Manager s Si~ature City Attorney Office Department Name ff ' CityAttom~/.J/'~fx~ance HumanResources S:kI~ULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R00. A RESOLUTION OF THE CITY COMMISSION OF ME dlb/a of mutual cooPei~fi~m, and through CITY COMMISSION :lodda does Ocean Breeze. for settlement , pmviding parties, a copy of which the City Commission. ninistraiive ' thfs Reso ut on, in or Clerk are aw Agreement to ; the Commission that the provisions of ~s of the the Development the Ame~ed Mediation Agreement. Section 4. passage. PASSED AND ADOPTED this day of June, 2000, CITY OF BOYNTON BEACH, FLORIDA This~ Resolution will become effective immediately upon Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) 56 !/650-7990 TflflUfll6 ' May 17, 2000 VIA James A. Cherof, City Attom,'y City of B0ynmn Beach : Joslas, Goren, Cherof;'-Doody & Ezrol, P.A. 3099 E. James A. Charot; Cio/Anomey City of Bolraton Beach 100 East Boymoa Beach Boulevard ~ymon Beach, FZ. 33435 F. Maffih PmTy,:I~squire 1645 Palm B~ach':i~-e Blvd. Suite 1200 West Palm Beach. FL 33401 Re: Boynton Marina Gentlemen: Attached is what I believe to be the find version of the Amended Mediation AgreemenL I added the last phrase to Paragraph l(a) of the "Cily staff will:" seennn providing that the ahandonmerit will occur only after Two Georges takes title to the Hall Propecry. ThIs is to ensure that the necessary easements are granted, and if the abandonment occurred when Hall owned the properly, Hall would take tixle to a portion of Casa Loma. I would ask lhat Two Georges and the Garcia entity sign the attach~t document and remm them to each of their lawyers for transmittal to the City. DMLHm Enclosure cc: Edward Garcm (w/enclosure, via telefax) Andrea Kilmer, Esq. (w/enclosure, via telefax) Carmen Garcia (hand delivery) Steve Baugh (w/enclosure, via telefax) Kenneth Doyle, Esq. (w/enclosure, via lele£~) Bruce Jarvis (w/enclosure. via lelefax) IN Tn£ CIRCUIT COURt?OF FIFTEENTH JUDICIAL ~RCU1T OF n. omnn, mo SOR COUNTY, CIVIL ACTION CASE NO. CL 99-8505 AG DSS Plaintiffs, Defendant. / AMENI}£1~ MEBInTION AGRI~IRM£NT WHEREAS, on April 3, 2000, the parues hereto met to mediate flu:ir dfffere~:~s; and WItEREAS, the parties hereto have reached an agreement and desire to sct forth the terms upon which the agreement l~as been reached. NOW, THEREFORE, D~S.S. Properlies, Ltd.. and D.S.S. Managem~t, Inc. d/b/a Two Georges Restaurant, hereinafter referred to as "Two Georges" and Ocean Braze Festival Park, Inc., hereinafler r~'erred to as "Gm-cia" and the City of Boymon Beach, herinafter referred to as · 'Cit~", hereby agree as follows: City or City staff(as the context dictates) will: 1. City staff wi~h recommend to the City Commission the abandonment of Casa Loma Boutcvard~ 56% of the width of which will go to ,each abuRing property owma', which abandonment shall anent only after Two Georaes taken lille Io the Hall ?rn.nertv: alld recommend to the City Commission developmem agreement amendments with Garcia, which will be consistent with this agreement; and (¢)" ad ~ro~ni~g'ativelyapprove the use of~sufficiem compact car spaces to make UP ~r ~e~loss due to ramps to be constructed from he Two Georges' property; ami Recommend to the City Commission that it eliminate those ponio~ of!lie- development agreement peminin§ to public rigl~ ~a%e~g i° ~a~ Loha~ Boulevard and the area tefetri, d to as the Casa Lom~Ovedook: I Process ia 99-4S49, an elevation of 4,5 ~or lO have Not object to,the service) provided Two governmental Recogr~ ~ the existing opera~iorr of .'1~.o Georges:R~taurara,: marina, and associated facilities and the Hall'~ dr/ii are valid legal grandfathered r listing all existing r permitted uses, for purposes c the limits ~ Recognize tim. flailed, drift utilize, and Two ¢ improved m meet City Code, Casa If and onl~ i: sucl~ parking. parking s ty t utilize, Ocean Boulevard additional , be Garcia wilh 1. u~ed for the consmictton ora/ie~k andmay not be credited a§alnst bth~ proposed uses on thc site. Not object to the use of thc vacant pon'ions of Two Georges or Hall's property for stacking o.fvalet parking. City recognizes that Hall's drift fishing (one boat only) operation is a valid legal grandfather non-confonmng use. Extend th~timefi'ame for construction of Casa Lama by the amount of ~ime equal to the t~me fi.om filing the Wnt of Cemorar~' to the d~te at filing ~he dismmsals of litiganon h~reunder. Build at it's expense, Casa Lama Boulevard in tit,~ configurauon set forth in fine 1/I 7/00 site plan, and shall discuss the consrtuctitin details with Two ~eorges' engineer. Will grant Two Georges a nonexclusive reciprocal parking, inilress and egress, drainage and utflny easements agreement for the poniora of Casa Lama Boulevard, which shall be owned by Garcia, and Garcia shall agree not to change that portion of Casa Lama Boulevard which it shall own without lhc consent of Two Georges, which consent shall not be unreasonably withheld. Funherm0re, Garcia will grant to the public the nonexcluzive right of ingress and egress over that pon. ion of Casa Lama Boulevard which it shall own, subject rathe right m have restaurant rabies as generally shown on the Casa Lama Overlook detail shown on the 1/I 7/00 site plan. Any fuvaze application by Crarcia to amend the approved Site Plan ina manner which alters the d~sign of Casa Lama Boulevard or which alters pubhc ingress or egress thereto Shall bc processed as a major site plan mOdifi~ati0~. Build the configuration of thc turnaround area and Casa Lama Overlook detail shown on the I]I 7/00 site plan (not including tables, which may be insialled by others}. Shall install curb cuts for ramps to Two Georges and Hall properly, as shown on l. he 1/17/00 site plan. Convey by quitclaim all propen'y tights own~xi by Garcia to City for the Boynmn Beach Boulevard cxteosion to thc lntracoastal for thc South 15 fcc/of such 30 foot wide fight-of-way, which 15 feet is located immediately North of Crarcia's North property line, as outlined on the attached draw/rig. Garcia shall grant to thc City at no cost tothe City, anon-exclusive easement for right-of-way for ~hc Boynton Beach Boulevard Extension Emi of the proposed apartment bt~ilding, m the lartacoastal, South of Garcia'$ North Property linc, provided Garcia's development approvals are not adversely affected, all as outlined hail noi prohib~do¢l~ hsers from jus! South of the easemenr:~area. The City shall usc thc easem~nr ar~a as part of the pzoposed '*Boy'tllort Prometlad~", io which thc Two Georges wilI~! ' Grant Garcia a. nonex¢lusive reciVrocal_ narkir~g, rogue.ss and egr ~es' drainage utili!y, m~amt, ~e~lance~nd consrru~ViOn:,~eraent fo~ ~at portion of ~asaL6ma Boule~/arlt Which sMll be ownid ~0¥ Two Georges, and Two Georges agrees not to it shall own wilhoutthe THo All parfieswill: 1. and within ~arcia by Voluntarily dismiss their re$1~ctiye law suits wilh prejadic, ~iny~ne (31) days afl~ completion Of the ab~6~cm ~f C the convey~ce of fight~ ~t fa~h h~em lo~e ~d the ~en~m, ~e~een G~ia,~d the Ci~, provi~ there ~e no appeals ~greemcnt and'I:wo greemem. 3. ~W, ill,submh this Mcdiati0n S~Tlemem for court approval in the Action for ~udgraenk ~e~.ast thc court to r~ain j~sdicdon for *nfo, cement of Th~ ~ment. 4. A~ p~ies shall he~ ~eir own costs ~ ~omcy fees in ~e laws~ts ~d ~s a~eemem. Subj~t la City Co~ssion Approve: This a~em is ~ubj~t to ~proval otthe City Co~is~ign md its~h ap~ov~ is nor lo.coming by June 7, 2~0, ~ls a~t ~1 be null ~ void. AIl convey~c~, abmdomcms, md approva~ shall be completed hy July 5, 2~0, or ~s a~e~t is nail ~d void ~I~$ ex~end~. Agreed to This day of . ,2000, by Thc undersigned parties. D.S.S. PROPERTrES, LTD., and D.S.$. 1V'~AGEMENT, INC. d/b/a TWO GEORGES P,.ESTAURA~T By: OCEAN BREF_7-g FESTIVAL PARK, INC. By: CITY OF BOYNTON BEACH iN c curr COURT rI rEENTfi JumCIAr CIrCUit br FLORIB&, IN ~D FOR P.~M B~A~H CASE NO. CL 99.8S0~ AG DSS PROPERTIES, LTD. aad DSS MANAG V$o CITY OF BOYNTON BEACH, Defendant. / AMENDED MEDIATION AGREEMENT WHEREAS, on April 3, 2000, the parries hereto toer to toediate their differences; and WHEREAS, the parties hereto have reached an agreement and desire to set forth the terms upon which the agreetoent has been reached. NOW, THEREFORE, D. SS. Properties. Ltd., and D.$.S. Management, Inc. dfo/a Two Georges Restaurant, hereinafter referred to as "Two Georges" and Ocean Breeze Festival Park, Inc., hereinafter referred to as "Garcia" and the City of Boymon Beach. hereinafter referred [o as "City", hereby agree as follows: City or City stliff(as the context dictates) will: 1. City staff will: recommend to the City Commission thc abandonment of Casa Loma Boulevard. $0% of thc width of which wilt go to each abutting pwpeny or*her, which abandonment shall occur only after Two Georges takes title to the Hall property; and (b) recommend to the City Commission development agreetoem amendments with ~rarcia, which will be consistent with this agreement; and adrmmstrai/vely approve theius¢ of sufficiero,coropac~ car spaces to roake up/'or the iOSS Of f~r psHdng spaces due ~o ramps w he ~onsI~ucled from Casa Lom~ Bo,qevani ~o the Two Georges' properS; and a~s~ratively approve two curb cues for ramps toaccess the Two 'Georges and Hall property. Recommend to the City Commission thai it elinana~e u~ose portions of the development ag~¢~roant pt~-laining t0'public rights of access to Casa Loma Boulevard and the area referred to as the Casa Loma Overlook. Process in the normal course of Civy business Two Georges pcmut application I~1o. 99-41/49, which, among other things, ~¢ciuests to raise the roain dining r,~oro floor to an-elevation 0f4.S fcct ~G,p as well as conswaction of a new ."chick~e" root' to rc~lacethee~ing~'chickea roof. Ciwand/orCity. staifwillwaivethe~rprior objection ~o these proposed floor elevations. It is understood thor thc applicant will have to safisfy, cororoenls on other issues zaised by staffreh~iw to the apphcation. go~'cnunental entities w~h jurisdiction over the us~ of ~hisarea. Reaqgraze ~h~} the existing oi~, r,a,~ion af Two G~g~ R~I, ~a, md ~ia~ed ~i~es ~d ~e H~ls ~ fi~g o~a~o~ (one bo~ o~) ~e v~id Ic~ ~a~ered ~n~onfo~ ~s. Two Georg~ ~ sub~t a ~hed~e . ~g all ~iS~mB.~s ~ch witl ~e verified by ~he ~i~ b~ed upon~c~lly p~ined ~ for p~oses of ~bh~ng th~ limils.~oi~e valid le~ ~fl~emd ~n-eo~o~ing ~gm e tha; Ha!! s drift fishing ope~auon (one boat O~y~:shatl 1 ~mffdiai¢ly utilize, and Two Georges Restaurant, marina and associatcd i~acilifie$ may utilize, iroproved parking on ~the six lots owned by Two Georges south of Ocean Boulevard m meet civy Code, PrOvided however that during constracfion c(f iroprovemeros on Casa Loma the lots:roay be used in aceordance~ with temPora~ parking standards. Nodfing herein shall prevent ~he City fr~ro initiaung an occupational:.licerae rcvocation proceeding if, in the fulure, il is determined that Hall's th'iR fishing If and only ii'Two Georges can obtain pertaining to build an,up to 2,300 square foo~ deck from all :p:_.c_mgttingagencies, including the Ci~, Wi~h jurisdiction over such a l~acilily~! and ilsUch deck usc trader the City Codc[$ ~equires addhional ~'king space~ on the lots so-th of Oce~ an.Soulevazd.: Thi~,pro~isi°n'may only be used fOr~the:constractior~ofadeckandmayn~tbecreditedagaJnst otherproposed us=s~hesit¢: S. Not obj~ TO 9. Extend Garcia w~: ~ or Hall's property for ~one~boa~ only) aon~conformmg~use. ,_ : amoum of time cqu~l litigation hereunder. Wilt gTam Two Georges 3oulevard, Georges, will ~'ant of Casa egt~$ Therg*to shall be ~(~aCh Boulevar~ drawing. i0 foot North of ~ proposed ~ line, all as outlined ~y-t?-Z~O00$:T~pm ~r~m-~E£~BE~G TRAURIG. ? A +G51S55SZZZ T-258 P.GTT/~TZ r-988 ~' ' ' w'i: asement shall not prohibit dock users f~om on the attache,ct drawulg, ,hi h c ,: , ~, ,.. , accessing the ,~at~ay andlilocks iusl South of the easement area. I ne city shall use the easem~n[ area as part of the proposed ' l$oynTon promenad,: to which public shall have access. Two Georges will: . Grant Garcia a nonexclasive r~cipwcal parking~ in. ess and egress, drainage, poi'lion of Casa Lama and Two Georges agrees not to o shall not be unreasonably w~thheld. Fucthermore. Two Georges will. grant Fo thc public the nonexclusive ~ight ofingres': and egress over thal ponien of Casa Lama Boulevard which it shall o~n, subject to The right To have restaurant tables a.s generally shown onthe Casa Lama Overlook detail shown on the 1/1 ?tOO,~T~ plan. After construction Two Georges shall pay. one ha_If the cost of mainten~ afcasa I..oma Boulevard. Any futt~ applicanon b.y .two. G,0 ges to.men,he app 0 e sit, Plan a wh,ch',at. , the Casa Lama Boul~,ard or Which ahers public ingress or egress uaereto silali ne processed as a major site pian modification. Will be responsible for the payment of all costs associated~with impr o v..em ,e_n__ _t .a. t,o Two Georges property (except for those improvements to t. asa i_oma t$ouievaro to be provided by Garcia as provided for in lids Agreement), including ramps from the Casa Lama Boulevard to Two Georges and Hall property. Agrees to the configuration of tho pamarotmd and Casa Lama Overlook shown on the 1/17/00 site plan, and will pay 50~/o of The cost of the abov~-gro~md improvements of the Casa Lama overlook, including pavers, landscaping, and hghting and shall pay $0% of the eo~ of the associated seawall (which seawall .eos~ was $10,629), less act'edit 0f$:~ ,500~ all of which shall be paid to the City w~thin thirty (30)days Of receipt of a<~enificd engineering estimate and paid to Garcia by City upon ComPletion of such improvements. All parties will: Voluntarily dismiss thc'ir respective law suits with prejudice thirty-one (31 ) days after completion of the abando~lment of Casa Lama Boulevard, the conveyance of rights set fortl~herem lathe extension of Boynron Beach Boulevard TO the eaST, and the amemiments to thc developmem agreemem be~veen Garcia and the City, provided there aze no appeals of the approval. Will coopexate with each other in the lialfillment of this agreement and Two Georges vcill not object FO any developmenl consistent with This agreement. 4 3. ~or 4. All pat~aes sha~l bear ~heir own cos~ ~d auomey f~i~C't~suits ~ this Subj~l to Ui~ Co~sion Approve: ~is a null · OCEAN BREEZE FESTIVAL PAR1Q INC. CITY OF BOYNTON BEACH Requested City Commission Meetin~ Dates [] March2] 2000 [] A~ 4, 2000 [] April i8,2000 [] May2, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tume6 in to City Clerk's Office March 8, 2000 (5:0Op.m.) Mamh 22, 2000 (5:00 p.m.) April 5, 2D00 (5:00 p.m.) April 19,2000 (5:00 p.ra.) Requesled City Gommiss/on Meetin~ Dates_ [] May 16. 2000 [] June 6, 2000 [] June 20, 2000 [] J~ty~, 20oo XL RESOLUTIONS C. 2 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,) Jtme 7, 2000 (5:00 p.m0 June 21, 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 Dispute Resolution Agreement between the City of Boynton Beach and the Tewn of Ocean Ridge. EXPLANATION: Ocean Ridge requested a dispute resolution conference w/th the City to resolve issues re ardin tw ' · -- g g o el owned parcels adjacent to the Ocean Ridge Town Hall co lex OnMa 16t~ theCi Mana ' ~ mp . y , ty get and Ctty Attorney met vath the Town Manager and Town Attorney in Ocean Ridge in an attempt to conclude infoml discussion aimed at resolution of the dispute. A dispute resolution agreement is being prepared and will be provided to the Commisston in advance of the 6/6/200? Commission meeting. If acceptable in terms and scope, execution of the Agreement should be authorized by Resoluaon, PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department l~ad s Signature City Attorney's Office Department Name City Manager's Signature Attorney J~ina~ce / Human Resources s :kB 13LLETIN~O RM S~AGENDA ITEM REQUEST FOR3&DOC RESOLUTION R00- 'A RESOLUTION OF'THE CITY~COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DI )R AND CITY CLERK TO AN WHER,~,EAS the To~J~i ,of.?0~e..an Ridge, requested, a disPute resolution confe~-ence W{h the Ci~ o~' B~0~' ~ch to re~Olve ~ssues r~garding ~o Ci~ owned .,~ame~ ad~-te theOc~e~ Hall ~e~.~?:~,~ - ~' ~. WHE~, the pa~r~:~, ~t.to eng~e~n~.~r0rmal discussions aimed m resolution of the d spute; WHEREAS, a resolution of the.dispute requires Commission approval; NOW, ~ BE IT RESOLVED BY ~E CI~ ~MMISSlON OF THE C~ OI H, FLORIDA, THAT: Secfion:l. ~he Ci~ ~mm ss on of the Ci~ of B0ynton Beach, Florida does hereb~ a~t~6~e and ~i~ect ~e Mayor and Ci~ Clerk to excite a DisPute Resolution Agreement 5e~n ~C ~ of Boynton Bea~ and the Town of O~an R dge, a ~py of which Agreement is aEached hereto ~ E~ibit "A". Section 2. This Resolution will be~me effective' mined ateIy Upon pa~age. . P~SED ~D ADOPTED this ~ day of June, 2000. CI~ OF BOY,TON B~CH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) DZSPUTE RESOLUTI'ON AGREEMENT The C1TY OF BOYNTON BEACH (hereinafter "CITY") and the TOWN OF OCEAN R~DGE (hereinafter "TOWN"). WHEREAS, the Town, by Town Resolution 2000-06 initiated conflict resolution procedures pursuant to Chapter 164, Florida Statutes; and WHEREAS, THE Town has asserted that the City improperly failed to honor the terms of a Contract for Sale and Purchase wherein the Town was to acquire ~wo parcels of property owned by the City adjacent to the Town's administrative offices; and WHEREAS, the Town has also asserted that it has a compelling need for the properb/ to expand its Town Hall complex which would support a taking by eminent domain; and WHEREAS, the City participated in the conflict resolution process set forth in Chapter ~.64, Florida Statutes and asserted that there was no valid or enforceable Purchase and Sale Contract; and that the City has a prevailing public need for the property which would prohibit acquisition by the Town by eminent domain; and WHEREAS, representatives of the Town and the City have met on two (2) occasions in an attempt to identify the issues of conflict and the potential for resolution of those issues; and WHEREAS, the Town and City representatives have identified a potential resolution of disputed issues that require both City Commission and Town Commission approval. NOW THEREFORE, the City and the Town agree as follows: 1. The foregoing whereas clauses are true and correct. 2. The Oty shall convey to the Town the real property owned by the City described by the legal description attached hereto as Exhibit "A". The purchase price for the property shall be $270,000.00. The dosing shall be conducted pursuant to the terms and conditions of the Purchase Agreement attached hereto as Exhibit "B". Closing shall occur on or before the 30m day of July, 2000. 3. Conveyance of the property by the City to the Town shall be conditioned on: A. A provision in the Special Warranty Deed for a reverter of the property to the City in the event that the Town ceases to use the property as its Town Hall complex. The Qty shall, as a condition of exercising ts right of reverter, refund the $270,000.00 purchase price to the Town. B. The Town shall execute an :Irrevocable Access Agreement which grants to the City an unrestricted right of access to the parking spaces at the Town Hall complex for overflow parking when the City Beach Front Park parking lot is full. C. The Town shall grant to the City, a right of first refusal to purchase its current Town Hail property for fair market value based on two (2) independent appraisals, if the Town: (~L) Ceases to use the property as its Town Hall complex, or (2) Offers the property for sale to a third party. 4. This Agreement shall not be binding until approved by both the City Comm ~ssion of the City of Boynton Beach and the Town Commission of the Town of Ocean Ridge. The effective date of this agreement shall be the date last signed by the parties. shall be in Orcuit Court, Palm Beach County, Flodda. party shall bear its own costs and attorney fees. 7. This Agreement shall survive the closing involving the conveyance of the real property referenced in this Agreement. 8. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida and shall constitute a covenant running with the land. The Covenant shall exist for ninety-nine (99) years and shall expire on .lune 30, 2099. Thereafter, it shall be automatically renewed for consecutive terms of ten (10) years unless the Town and Oty agreed in writing to modifi/or terminate its terms. This Agreement may be enforced by specific performance, In the event of any action to enforce the terms of this Agreement, venue In the event of such action, each CRY OF BOYNTON BEACH, FLORIDA ~ CLERK APPROVED AS TO FORM. GERALD BROENING - MAYOR CTI'Y A'I-FORNEY TOWN CLERK APPROVED AS TO FORM. TOWN OF OCEAN RIDGE, FLORIDA BY: KENNETH KALEEL - MAYOR TOWN ATTORNEY